03-13-91 Regular
.
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 13 , 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 group presentations). The Mayor
')r presiding officer may adjust the amount of time allocated at
his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you come up to
the podium to make your comments, kindly complete the sign-in sheet
if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred from speaking further to the Commission
by the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
.
Ager.da
Meeting of 3/13/91
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
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
~
4; Agenda approval.
Action: Motion to approve.
~ Canvass Returns for First Nonpartisan Election of March 12, 1991
\ d Declare the Results.
-"''',,-
i 5. Approval of Regular Meeting minutes of February 12, 1991 and
February 26, 1991.
6. Proclamations:
~. Living Well in Florida Month - March 1991.
J3;. Days of Remembrance of the Victims of Holocaust April 7-14,
¡ 991.
c.-/ -
7. 'fiesentations:
A. Certificate of Appreciation from National Committee for
Employer Support of the Guard and Reserve to the City of Delray
Beach in recognition of the City's support of Reserve Forces
deployed in support of Operation Desert Storm.
8. Consent Agenda:
A. CONTINUATION OF ORDINANCE NO. 22-91: Continue final action on
Ordinance No. 22-91, an Ordinance placing a historic designation
on the Colony Hotel Buildings and placing them on the Local
Register of Historic Places, until March 26, 1991. City Manager
recommends approval.
",- ACCEPTANCE OF FINAL REPORT: Accept the final report of the
, B.
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Agenda
Heeting of 3/13/91
N~jghborhoods Task Force. city Manager recommends approval.
~ ACCEPTANCE OF RIGHT-OF-WAY DEED, Accept a warranty deed for
. t!clditional right-of-way from the property owner at 102 N. Swinton
Avenue. City Hanager recommends approval.
D. FINAL PLAT APPROVAL: Approve a request for final plat approval
for the replat of Lots 13 and 14, Block 58, Metcalf's Subdivision,
located on the northeast corner of N.W. 1st Avenue and N.W. 2nd
Street (Southwerks at the Tabard).
E. REQUEST FOR USE OF STAGE AND WAIVER OF RENTAL FEE: Approve a
request from the City of Boynton Beach for use of the City's stage
on March 22-24, 1991 for their annual Great American Love Affair
(GALA) and waive the stage rental fee of $525.00. City Manager
~commends approval. PERMIT/LINTON SQUARE: Approve request to
F. TEMPORARY TENT a
erect a temporary tent at Linton Square, located at the northeast
corner of Congress Avenue and Linton Boulevard, on March 14, 1991.
~ity Manager recommends approval. Approve a request from the
G. TEMPORARY TENT PERMIT/DELRAY MALL:
Ðelray Mall to erect a temporary tent for Floral Acres on the
out-parcel tract of their property located at northwest corner of
Federal Highway and Linton Boulevard, from March 13th through April
15, 1991. City Manager recommends approval.
H. RATIFICATION OF APPOINTMENT TO THE OLD SCHOOL SQUARE NOMINATING
COMMITTEE: Ratify the appointment of Armand Mouw as a member of
the Old School Square Nominating Committee.
1. AUTHORIZATION TO NEGOTIATE FINAL AGREEMENT-PALM TRAIL NATURE
PRESERVE: Authorize staff to negotiate a final agreement with
William Swaim and Associates for the development of the Preserve
Property on Palm Trail as a neighborhood nature preserve. City
Manager recommends approval.
J. REJECTION OF BID: Reject all bids submitted for the
rehabilitation, refurbishment and overhaul of a 1971 eighty-five
foot snorkel truck. City Manager recommends approval.
K. RESOLUTION NO. 14-91: A Resolution assessing costs for
abatement action required to remove nuisances on 39 properties
throughout the City. City Manager recommends approval.
L. RESOLUTION NO. 15-91: A Resolution assessing costs for
abatement action required to remove nuisances on 35 properties
throughout the City. City Manager recommends approval.
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Agenda
Meeting of 3/13/91
M. RESOLUTION NO. 16-91: A Resolution in opposition to the
j ~~ pending delegation agreement between the Palm Beach County
Department of Environmental Resources Management (DERM) and the
\ÀJ-') . Florida Department of Environmental Regulation which will turn over
6~ environmental permitting responsibilities to DERM. City Manager
recommends approval.
N. RESOLUTION NO. 17-91: A Resolution in support of Palm Beach
: . County's efforts to obtain matching funds from the State for the
/ acquisition of an environmentally sensitive 22 acre tract of land
/' 29th
/ known as Delray Oaks, located at the northwest corner of S.W.
Street and Congress Avenue. City Manager recommends approval.
O. RESOLUTION NO. 18-91: A Resolution formally establishing the
Kids and Cops Committee as a formal City Advisory Board. City
Manager recommends approval.
P. AWARD OF BIDS AND CONTRACTS:
1. Subaqueous Crossing/Intracoastal Waterway- Environmental
Services-Ric-Man International, Inc. in the amount of
$423,020.50 with funding from East Atlantic Subaqueous Crossing
(Account No. 447-5174-536-61.87/ Balance $550,000) . City
Manager recommends approval.
2. S.E. Transmission Main- Environmental Services- ManCon,
Inc. including deductive alternate . number 2 , in the total
amount of $804,655.35 with funding in the amount of $107,809
from Miller Park Storage Tank Engineering (Account No.
441-5181-536-69.01). Account balance $124,000. And funding
in the amount of $696,846.35 from 1991 Water and Sewer Revenue
Bond (Account No. 447-5174-536-61.41) . Account balance
$875,000. City Manager recommends approval.
3. Fire Hydrant Installation- Tropic Palms Subdivision- A.O.B.
Underground, Inc. in the amount of $32,063 with funding from
Water and Sewer Distribution Systems (Account No.
441-5161-536-60.68) . Account balance $261,786.09. City Manager
recommends approval.
4. Toro 72" Riding Mower- Parks and Recreation- Hector Turf
(GSA contract) in the amount of $12,615.78 with funding from
Parks Equipment Other (Account No. 001-4131-572-60.89).
Account balance $17,893. Amount budgèted $10,100. City Manager
recommends approval.
5. Rental Rehabilitation- 201 N.E. 1st Avenue- Gamzo, Inc. in
the amount of $15,472. Matching grant program City's share
$7,736 with funding from Community Development Block Grant
Housing Rehab (Account No. 118-1975-554-60.23). Federal Grant
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Agenda
Meeting of 3/13/91
Funded program. Account balance $30,251.90. City Manager
recommends approval.
6. Fire Department Uniforms- Fire Department- Harrision
Uniform ($19,320.73) and Martin Lamar Uniforms ($2,941) with
funding from Fire/EMS Operations-Uniforms (Account No.
001-2315-526-33.48) . Account balance $38,852.56. City Manager
recommends approval.
9. Regular Agenda:
. ~,
\ ,( J REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
lJ·~,.
BOARDS: Consider accepting actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period of February
25 through March 12, 1991.
."
/ ( ij. AMENDMENT TO EMERGENCY SERVICE MUTUAL AND AUTOMATIC AID
-1GREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY: Consider an
amendment to the Emergency Service Mutual and Automatic Aid
Agreement between the City and Palm Beach County to provide interim
assistance for emergency medical services and fire suppression
responses in the southwest portion of the City. City Manager
recommends approval.
.-~ REUSE OF CARVER COMMUNITY MIDDLE SCHOOL: Consider the
C.
~-1) establishment of a Task Force to formulate a plan for the reuse of
U¡r Carver Community Middle School.
-"
( D.' ALLEYWA Y IMPROVEMENT PROGRAM: Consider priority listing
-alleyway improvements as identified in the Decade of Excellence
Bond Issue activities.
~ REQUEST TO PLACE A CONCESSION TRAILER ON THE BEACH: Consider a
equest from Atlantic Community High School Band to have a
certified food vending trailer at the beach on a Saturday and/or
Sunday for the purpose of raising money for their trip to
Washington, D.C.
F. REQUEST FOR SPECIAL EVENT PERMIT/LITTLE FOLKS DAY CARE:
Consider a request from Little Folks Day Care Center for a special
event permit to hold a bazaar on private property located at the
.flðrthwest corner of Lake Ida Road and Roosevelt Avenue on April 20
and 2 1, 1991.
G. REQUEST FOR SPECIAL EVENT PERMIT/BODY OF CHRIST FELLOWSHIP
CHURCH: Consider a request from the Body of Christ Fellowship
Church for a special event permit to hold a gospel rally on the
vacant property adjacent to the Bi-Lo Market parking lot, at 946
West Atlantic Avenue, from 3 p.m. to 5 p.m. on March 24, 1991.
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Agenda
Meeting of 3/13/91
H. REQUEST FOR FUNDING/PROJECT MOSAIC: Consider a request for
funding from Project Mosaic in support of their efforts to address
integration in communities and schools and its impact on excellence
in education. City Manager recommends denial.
I. CONTRACT FOR ARCHITECTURAL SERVICE/FIRE STATION NO.1:
Provide direction regarding the request from Currie Schneider to
eliminate the "defend requirement" in the indemnification clause of
the contract and approve contract for architectural services for
Fire Station No.1.
J. WAIVER OF BID REQUIREMENTS/EMERGENCY PURCHASE: Waive
competitive bid process and authorize the emergency purchase of a
Sumo 75HP submersible well pump for the 20 Series Wellfield from
from Water Resources in the amount of $14,380 with funding from
Water Treatment Repair and Upkeep - Equipment (Account No.
441-5122-536-33.32). Account balance $96,835.38. City Hanager
recommends approval.
K. CHANGE ORDER NO. 1 ELKINS CONSTRUCTION: Approve a Change Order
reducing the contract price by 24,571.27 for the Miller Park Water
Storage Tank and Booster Station project. City Manager recommends
approval.
Li. CHANGE ORDER NO. 1/POST, BUCKLEY, SCHUH AND JERNIGAN: Approve
~hange Order No. 1 in the amount of $10,100 along with the
,attendant 20 day time extension to the contract between the City
Yi '.'. and Post, Buckley, Schuh, and Jernigan for the exploration of the
.~ j subsurface conditions of the Intracoastal Waterway, before
,. finalizing the design of the 16 inch water main. Funding is
available in the Transmission and Storage Fees (Account No.
441-5181-536-69.03). Account balance $70,477. City Manager
recommends approval.
M. GULFSTREAM BOULEVARD MEDIAN LANDSCAPING: Consider an agreement
between the City and Boynton Beach to provide for median
improvements on Gulfstream Boulevard. The estimated cost of this
project is $33,000 with an additional cost for annual maintenance
of $8,000, for a total of $41,000 to be equally shared between the
two cities. Delray's share of $16,500 is available in the 1987
Utility Tax - Parks Median Improvement (Account No.
333-4141-572-61.15). Account balance $20,958.83. Delray's share
of the annual maintenance cost of $4,000 is available in
Beautification Trust - Contract Maintenance (Account No.
119-4144-572-33.49). Account balance $187,261. City Manager
recommends approval.
N. TRI-PARTITE AGREEMENT AND MEMORANDUM OF UNDERSTANDING - CRA
INTEREST FREE LOAN PROGRAM: Approve an agreement and memorandum of
understanding between the City, CRA, and First Union Bank which
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Agenda
Heeting of 3/13/91
creates the CRA' s Interest Free Loan Program. City Manager
recommends approval.
O. AGREEMENT BETWEEN THE CITY AND PALH BEACH COUNTY SCHOOL BOARD:
Approve an agreement between the City and Palm Beach County School
Board for lighting improvements at the Atlantic High School
ballfield and for joint use of Atlantic High School and Miller
Park.
P. OFFER OF JUDGEMENT: Consider an offer of judgement in the
amount of $8,079.98 to settle pending litigation against the City
initiated by Emidio Papa. City Attorney recommends denial.
Q. AGREEMENT BETWEEN THE CITY AND MORIKAMI INC. : Approve an
agreement between the City and Morikami, Inc. specifying the
conditions for repayment of a loan.
R. ORDINANCE NO. 12-91: An Ordinance amending the Land
Development Regulations to provide for additional structures which
are allowed in setback areas; to provide for an extension of
screened enclosures,in zero lot line developments, into the
interior side setback; and to provide for reduction of the front
building setback when at least 50% of the frontage of a lot is
located on a cul-de-sac. Planning and Zoning Board recommends
approval (7-0 vote) . Second reading and public hearing held on
February 26, 1991.
S. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
INDUSTRIAL ACTIVITIES PERMIT APPLICATION: Provide direction
regarding the method for filing our industrial activities
application.
/10. Public Hearings: None.
L 11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately fo1lowing Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 29-91: An Ordinance rezoning the Greater Mount
Olive Missionary Baptist Church property located on the southwest
corner of N.W 4th Avenue and N.W. 1st Street from R1A (Single
Family Residential) Zoning District, in part and GC (General
Commercial) Zoning District, in part to CF (Community Facilities)
Zoning District. If passed public hearing March 26th. Planning and
Zoning Board recommends approval (6-0 vote).
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Agenda
Meeting of 3/13/91
B. ORDINANCE NO. 31-91: An Ordinance amending the Land
Development Regulations to provide for the inclusion of the initial
approval period within the enacting ordinance for Large Scale Mixed
Use Development; and, to provide for the extension of the approval
date to August 22, 1992 for the Marina Cay SAD (Special Activities
District)-. If passed public hearing March 26th. Special Adjustment
Advisory Board recommends approval.
C. ORDINANCE NO. 32-91: An Ordinance amending Ordinance No. 51-89
to provide for an extension of the approval date to August 22, 1992
for the Marina Cay SAD (Special Activities District). If passed
public hearing March 26th. Special Adjustment Advisory Board
recommends approval.
D. ORDINANCE NO. 34-91: An Ordinance amending the Code of
Ordinances to provide that the contractor may impose a late fee of
1. 5% on the unpaid balance on delinquent accounts receiving Type
"E" mechanical containers or commercial refuse container service as
an alternate method of collection. If passed public hearing March
26th.
E. ORDINANCE NO. 33-91: An Ordinance amending the Land
Development Regulations by amending Appendix A by repealing the
definition for "Nonconforming Use" and enacting definitions for the
terms Automobile Brokerage; Automobile Dealership, Full Service;
Land Development Application; Major Subdivision; Minor Subdivision;
Nonconforming Use; and, Substance Abuse. If passed public hearing
March 26th.
F. ORDINANCE NO. 30-91: An Ordinance amending the Land
Development Regulations by enacting new paragraphs to provide for
procedures the Historic Preservation Board shall follow prior to
designating a site as being historic, including provisions for
public hearing and for approval by the Commission. This material
was inadvertently omitted during the preparation of the LDR
document. If passed public hearing March 26th.
G. ORDINANCE NO. 19-91: An Ordinance amending the Land
Development Regulations by deleting the term "signals" from
subsection 4.6.9(D) (6) (d) and replacing it with "signs and
markings", and providing that all signs and markings relating to
off-street parking shall comply with M.U.T.C.D. design criteria,
except that the City Engineer or his designee may waive such
compliance on a case-by-case basis. If passed public hearing March
26th.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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. . .
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 13 , 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM
THE PROCEDURAL AGENDA IS AMENDED TO INCLUDE:
./ 6C. Proclamation - Veterans Homecoming Celebration - April 21,
1991.
THE CONSENT AGENDA IS AMENDED TO CORRECT:
./ P3. Award of Bids and Contracts - Fire Hydrant Installation- Tropic
Palms Subdivision- A.O.B. Underground, Inc. in the amount of
$32,063 with funding from Water and Sewer Renewal - Replacement
Fund (Account No. 442-5178-536-61.77). Account balance
$261,786.09. City Manager recommends approval.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
.I T. CHANGE ORDER NO. 1/ARZ BUILDERS: Approve Change Order No. 1 ,
in the amount of $16,144 and extending the completion date by 21
days, to the contract between the City and ARZ Builder for the
renovation of the Public Utilities Administrative Building.
Funding is available in Water and Sewer 1990 Construction Note
(Account No. 444-5168-536-60.31) . Account balance $125,000.
I U. CHANGE ORDER NO. 1/PIONEER CONTRACTING INC.: Approve Change
Order No. 1 , in the amount of $10,676.52 and extending the.
completion date by 42 days, to the contract between the City and
Pioneer Contracting Inc. for the construction of Fire Station No.
2. Funding is available in 1987 Utility Tax Fire Station No.
2/Project Surplus (Account No. 333-2311-522-60.31). Account
balance $10,676.52.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER l!t1
SUBJECT: AGENDA ITEM # Lf II - MEETING OF MARCH 13, 1991
CANVASS RETURNS FOR FIRST NONPARTISAN ELECTION OF MARCH
12, 1991, AND DECLARE THE RESULTS
DATE: MARCH 7, 1991
A report of the March 12, 1991, First Nonpartisan Election
results, together with the appropriate motions, will be provided
to the Commission prior to the start of the March 13th regular
meeting.
M E M 0 RAN DUM
TO: Mayor and City Commissioners
FROM: Alison MacGregor Harty, Ci ty Clerkr}fr~
SUBJECT: RESULTS OF FIRST NONPARTISAN ELECTION - MARCH 12, 1991
DATE: Ma rch 13, 1991
Presented for your review are the cumulative totals for the
regular and absentee ballots as certified by the Supervisor of
Elections for Palm Beach County, Florida, showing the results of
the First Nonpartisan Election held on Tuesday, March 12, 1991.
The results are as follows:
COMMISSION MEMBER - SEAT NO. 3
William "Bill" Andrews 3,515 Regular + ~ Absentee
= 3,584 TOTAL
Rosalind "Roz" Murray 1, 628 Regular + ~ Absentee
= 1, 670 TOTAL
MOTION:
Move to approve the total votes for each candidate for Commission
Member - Seat No. 3, including all the regular and absentee votes
as presented, and that it is hereby declared, based upon the
above and foregoing results, that William "Bill" Andrews is
elected as Commission Member - Seat No. 3, for a two ( 2) year
term commencing on the 28th day of March, 1991, and ending in
accordance with the City Charter.
COMMISSION MEMBER - SEAT NO. 1
Armand Mouw - Unopposed
Armand Mouw, being the only candidate to qualify for the office
of Commission Member - Seat No. 1, is hereby declared to be
elected to that office in accordance with Section 5.04(b) (2) of
the City Charter in that he is deemed to have voted for himself.
Mr. Mouw shall serve for a term of two ( 2) years, commencing on
the 28th day of March, 1991, and ending in accordance wi th the
City Charter.
I
MOTION:
That Armand Mouw be declared the winner as he was the only
candidate who qualified for the office of Commission Member -
Seat No. 1, to be seated as of March 28, 1991, for a two ( 2) year
term ending in accordance with the City Charter.
AMH/m
Attachment
cc: David T. Harden, City Manager
Jeffrey Kurtz, City Attorney
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CITY OF DELAAY BEA[H
WHEREAS, the health and well-being of our citizens are
of vital concern; and,
WHEREAS, Floridians can improve their lifestyle by
avoiding abuse of smoking, alcohol, and drugs, eating sensibly,
handling stress, and exercising regularly; and,
WHEREAS, hea lthy lifestyle behaviors not only prevent
chronic diseases of the heart and lungs, but also can improve the
individual's present quality of life; and,
WHEREAS, health is the absence of disease and a state
of complete physical, mental and social well-being; and,
WHEREAS, each individual greatly influences his or her
health status by personal choices, recognizing that health is an
on-going process, and being well involves making wise lifestyle
decisions each day; and,
WHEREAS, there are State and local resources available
to assist individuals in choosing responsible lifestyles,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the month of March,
1991, as
"LIVING WELL IN FLORIDA MONTH"
and urge all citizens to join the Governor's Council on Physical
Fitness and Sports and the Living Well Program sponsors in
promoting programs that will make others aware of the concepts
involved in improving the quality of life.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 13th day of March, 1991.
MAY 0 R
THOMAS E. LYNCH
SEAL
.
·
~~~£';
[ITY DF DELRAY BEf1CH
, )0 " J,'. 33444 J.,j;' :- J.'~ .
I
~ PFt f)
I
j WHEREAS, the City r· .... " e=-r3.'J Beach wishes to provide an
j opportunity for members tr:e /~Y71ed Forces participating in
Operation Desert Storm and tr ,oj C'" fa:nl-lies to express their pride
1 in their service to the ir cou:; hy; ar-:d,
'1
.I WHEREAS, the City 0:' '~e~:-a'~ 3eac~, w~shes to honor those
troops and their families who ,I,e ~rcm Delray Beach and the South
County area; and,
WHEREAS, the Delray :Jesert Storm Support Group has
organized a Veterans Homecoro:LG CelpbratioI1 to be held at 2:00
P.M. , on Sunday, April 21, 19)2 , a ~ vi ller Park; and,
WHEREAS, all veterans jYOUFS are invited to attend this
celebration and join with th," -i ty - . Delray Beach in honoring
these brave men and women,
NOW, THEREFORE, 1, T"'OM.=\S ". L Y~¡CH, "'ayor of the City
! of Delray Beach, Florida, on ~eha 1 f.Jf ~he Ci tv Commission of the
1 City of Delray Beach, do hereby ~ecog~:ze and ~xpress our appreci-
I ation and gratitude to the troops a!îd their ::amilies. I also
.~ urge that the residents of th,,, :=i ty of De lray Beach join with us
in this Veterans Homecoming Celebration to show our support.
¡ IN WITNESS WHEREOF, ~ have hereunto set my hand and
1 caused the Official Seal of the ,'i ty of Delray Beach, Florida, to
be affixed this 13th day of Marc~, lQ)l.
¡
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1 MlI. Y 0 R
1 THOMAS E. LYNCH
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fív1
SUBJECT: AGENDA ITEM # - MEETING OF MARCH 13, 1991
CONTINUATION OF ORDINANCE NO. 22-91
DATE: March 7, 1991
At your February 26th meeting the Commission continued Ordinance No.
22-91 pending receipt of a letter from the property owner agreeing to
the historic designation of the Colony Hotel Buildings. Subsequently,
staff contacted the property owner and has learned that a letter has
been mailed, however we are not in receipt of this letter. Therefore,
I am recommending that we continue final action on this Ordinance
until March 26, 1991.
Recommend continuation of Ordinance No. 22-91 until March 26, 1991.
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ORDINANCE NO. 22-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS", SECTION 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS", SUBSECTION
4.5.l(K), "DESIGNATION OF HISTORIC SITES", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING THE
COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX TO THE
LISTING OF HISTORIC SITES AS ITEM (11) ¡ PROVIDING A
GENERAL REPEALER CLAUSE¡ PROVIDING A SAVING CLAUSE¡
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Board, at the meeting held
January 16, 1991, unanimously recommended the designation of the Colony
Hotel and the Colony Hotel North Annex as Historic Buildings,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article
4.5, "Overlay and Environmental Management Districts", Section 4.5.1,
"Historic Preservation Sites and Districts", Subsection 4.5.1(K),
"Designation of Historic Sites", of the Land Development Regulations of
the Code of Ordinances of the City of De1ray Beach, Florida, is hereby
amended by adding Item 11 to read as follows:
( 11) THE COLONY HO'l'EL AIID THE COLONY HO'l'BL NORTH
ANNEX, located on the South 12 feet of Lot 18, Alley
South of Lot 18, East 25 feet of Lot 21 and Lots 22,
23, 24 and 25, Inclusive, Block 108. And Lots 5, 6
and 7, Less 5 foot Road R/W, Block 108, Town of
Delray, with the designation pertaining to the
buildings only and not the grounds.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
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 February 12, 1991
second Reading
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~8 - MEETING OF MARCH 13 , 1991
ACCEPTANCE OF FINAL REPORT BY NEIGHBORHOODS TASK FORCE
DATE: March 7, 1991
The Final Report and recommendations by the Neighborhoods Task Force
were presented by staff at the Commission workshop meeting on March 5,
1991. Those recommendations included a provision that the Task Team
meet quarterly to assess staff's progress and activities for work
funded through the budget¡ and provided for the approval of the budget
allocation as recommended for the three housing programs. This item
is now before you for formal acceptance of the report and
recommendations.
Recommend acceptance and approval of the Final Report and
recommendations as presented by the Neighborhoods Task Force.
.
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT t£.
RE: CITY COMMISSION ACCEPTANCE OF THE FINAL REPORT AS
PRESENTED BY THE NEIGHBORHOODS TASK TEAM -
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DATE: MARCH 7, 1991
ITEM BEFORE THE CITY COMMISSION:
- --
Acceptance and approval of the Final Report and Recommendations
as presented from the Neighborhoods Task Team.
BACKGROURD:
The Neighborhoods Task Team (NTT) was established by the passage
of Resolution #68-90 by the City Commission on July 10, 1990.
Section I of the resolution provided for specific tasks to be
accomplished by the Task Team in the form of recommendations to
the City Commission, through the Planning & Zoning Board. Staff
presented the Final Report and recommendations from the NTT's
work to the Ci ty Commission at a scheduled workshop meeting on
March 5, 1991. The Planning and Zoning Board reviewed the same
at it's meeting on February 28, 1991. Their comments were a part
of the back-up submitted to the Commission for the March 5th
workshop meeting.
RECOMMENDATION:
We are recommending that the City Commission approve and accept
the Final Report and Recommendations as presented by the
Neighborhoods Task Team. The approval includes the direction to
the Task Team to meet quarterly to assess staff's progress and
activities for work funded through the budget; provides for the
approval of the budget allocation as recommended for the three
housing programs by the Task Team and direction to staff to
implement these programs.
LB:DQ
B:NTT.LB1/LG5
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: MACGREGOR-HARTY, CITY CLERK
~U~
FROM: VACS, DIRECTOR
OF PLANNING AND ZONING
SUBJECT: WORK SESSION OF MARCH 5, 1991
NEIGHBORHOODS TASK TEAM REPORT - COMPLIANCE
BACKGROUND:
This documentation is supplemental to information being provided
by Lula Butler. It relates the Planning and Zoning Board review
and findings as they pertain to compliance with the adopted
Comprehensive Plan.
Overall, the NTT should be commended for the energy and thought
which they put into the effort. Many of their ideas will be
considered as we prepared neighborhood plans and redevelopment
strategies throughout the City.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at it's
meeting of February 25th. The P&Z Board did not spend a lot of time
reviewing this item; however, Board members did periodically
participated in the NTT meetings. P&Z Member Jean Beer attended
several meetings of the NTT.
Findings of Noncompliance:
Pages 9 & 17: WIDENING OF 10TH STREET: The NTT recommended that
S.W. 10th Street not be widened.
Comment: The widening of S.W. 10th Street is identified as
a non-mandatory project within the Capital Improvements
Element (page III-H-2). Also, a specific allocation of
$2,000,000 for the widening is described in Part IV<
IMPLEMENTATION (page IV-G), as being a part of the Decade of
Excellence Bond Program.
Finding: The NTT recommendation is inconsistent with the
Comprehensive Plan. As such, that recommendation should not
be accepted by the City Commission without first amending
the Plan. There is not a recommendation (from P&Z) to
initiate such an amendment. illS I~
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city Commission Documentation
Neighborhoods Task Team Report - Compliance
Page 2
Pages 13, 15, & 18: CHANGES IN ZONING: Changes in zoning were
recommended in the Atlantic High School Area, the Northwest Area,
and in the area described as Atlantic Ave south to 10th, between
the FEC and U.S.1.
Comment: To accommodate each of these recommendations, it
is first necessary to amend the Future Land Use Map.
Undertaking such considerations in Amendment 91-1 (now in
process) is inappropriate. The Osceloa Park redevelopment
strategy project is now starting and will consider the
recommendations for the area along Atlantic.
Finding: The recommendations are inconsistent with the
Future Land Use Map. As such, they should be accepted by
the City Commission without first amending the Map. Such
amendments are to be considered as a part of formal
Amendment 92-1 (FY 91/92).
Page 22: RESIDENTIAL CATEGORY DESIGNATION FOR BREEZY RIDEGE
ESTATES: The current designation is Stabilization 1
Revitalization. The NTT felt, based on its physical
characteristics, the neighborhood should be designated as Stable.
Finding: This new information justifies a change on the
Neighborhood Classification Map. The P&Z Board directed
that this change be included in Amendment 91-1, now in
progress.
Page 36: INFILL HOUSING PROGRAM RECOMMENDATIONS: The NTT
recommended "A fund for payment of impact fees is recommended to
promote and encourage participation in affordable housing".
Comment: This recommendation was misinterpreted to mean
the creation of an impact fee to go toward affordable
housing programs. It was clarified, after Board
consideration, that the fund would be with general tax
dollars and would be used to pay for already established
impact fees (parks, traffic, water, sewer, etc) ; thus
reducing the cost of delivery of the housing product.
Finding: Based upon the above clarification, the
recommendation is not inconsistent with the Comprehensive
Plan (staff change to previous finding).
RECOMMENDED ACTION:
By motion, incorporate the above findings and actions in any
action associated with acceptance of the NTT Final Report.
DJK/#79/CCNTTR.TXT
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: NEIGHBORHOOD TASK TEAM FINAL REPORT/COMMISSION WORKSHOP
MEETING OF MARCH 5, 1991
DATE: FEBRUARY 27, 1991
I am hereby submitting for the Commission Workshop meeting of
March 5th, the revised Final Report from the Neighborhood Task
Team. This report is a summary of their final recommendations
and analysis of existing neighboorhoods. The report has been
revised to correct errors related to accurate descriptions of
neighborhood boundaries, typing errors and some sentence
structure. There are no changes to any policies and/or
recommendations.
The members of the Task Team are expected to attend the workshop
meeting and will be prepared to answer any questions from the
Commission. I will do the formal presentation of this report.
cc: Beverly Ish-Renick, NHS
B:NTT.FIN/LG5
THE NEIGHBORHOODS TASK TEAM
FINAL REPORT
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February 15, 1991
NEIGHBORHOODS TASK TEAM
PINAL REPORT
The Neighborhoods Task Team was established by the City
Commission with the formal adoption of Resolution I 68-
90, on July 10, 1990. Twenty-three persons were
appointed by the Commission to this ad-hoc committee
with members representing 18 neighborhoods, along with
representatives from designated boards and agencies of
the City. At the organizational meeting on August 30,
1990, the team elected to meet weekly on Thursday
evenings to accomplish the tasks assigned to them. We
were initially scheduled to sunset as of December 1,
1990, but members requested and were granted from the
Commission, to extend the work of the Task Team to
January 31, 1991.
The attached document represents a summary of all
neighborhood assessments, stråtegies and
recommendations developed specifically by the Task Team
to mitigate current conditions and trends in
residential neighborhoods throughout the City of Delray
Beach, pursuant to policies and goal s defined in
the Housing Element of the City's Comprehensive Plan.
We are pleased to report that all five (5) tasks
defined within Resolution 168-90 have been completed.
The report is comprehensive and represents a lot of
time and effort by this volunteer group. Staff has
appreciated the cooperation of all members and the
spirit in which they carried out their assignments.
It is important to note that the Neighborhoods Task
Team has agreed to meet quarterly to assess activities
being funded and determine if they are being carried
out in a timely manner. Staff appreciates this
commitment and concern from the committee.
Respectfully submitted,
~~ ~
Lula Butler, Director
Community Improvement
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RESOLUTION 68-90
A ~ESOLUTIOU OF THE CITY COMMISSION OF TilE CITY
OF DELRA Y 8E"CH, FLORID", "UTHORIZING THE
ESTk9LISHl"EHT OF THE UEIGH80RHOODS T"S~ FORCE IU
FULFILLIlIG POLICIES OF COKPLIÞ.HCE WITH THE
HOUSING ELEHEUT OF THE COMPREHENSIVE PLAN FO~
THE PROVISION OF SME "tlD ADEQUATE HOUSING.
WHEREAS, the Housing Element of the Comprehensive Plan
establishes goals ~or the provision of safe and adequate housing
for the City's residents through proqrams directed to preserva-
tion and maintenance of stable neighborhoods, stabilha tion and
revitalization of declining neighborhoods, and to arrest deterio-
ration of certain neighborhoods through redevelopment strategies,
and,
h1iEREAS, the Housing Element set. forth polic ies and
activities in pursuit of those goals: and,
hlIERE"S, during qoal settinq session. conducted by the
Delray Beach City COf"'~":'Iission in "pril and ,.\.ty of 1990, the City
Commission {dent i f ied issues associated with ·neighborhoods· a.
an item of high priority and great concern, and,
h1i£REAS, staff resources have been allocated and
assigned to cor..t:\e nc e with the implementation of policies and
programs within the Housir:g Element: and,
"iHEREAS, the Cit.y COI1"Jft is s i ctn desires a high degree of
citizen involvement and neighborhood representation In initiation
of the program,
NOW, THEREFORE, BE IT "ESOLVED BY THE CITY COMMISSION
01' THE CITY OF OELRAY BEACH, FLORIDA, "S FOLLO~SI
Section 1- There is hereby established the I\d-lIoc
Neighborhoods Task Force which shall consist of members as
appointed by the City Co~Jftission and which shall pursue and make
recommendation. to the City Commission, throuqh the Planning and
Zoning soard, with regard to the following I
(A) Which, including aU, of the programs and activi-
ties set forth In Goal Areas -,,- and -B- of the
Housing Element should be implemented along with
the priority and timing of each,
IB) The type of rehabilitation, revitalization, andlor
residential redevelopment effort which should
occur in resident hi areas set forth In Po 11 cy
B-3.1 of the Housing Element and to other area.
identified as requiring -revitalization and/or
rehabilitation- or requiring -stabilization and/or
revitalization- on the Residential N~ighborhood
Categorization Hap, Figure H-S, Housing Element.
ICI ~e finer.-:ent of the above qeographic areas, i<1enti-
!ication of -neighborhoods· within them, including
~st.blis~:~nt of sueh a ·n~i9hborhood· <1~siqnation
if one dees not cur r e n t 1 )' ~ x 1 I t and the ident! fi-
cation of l:ICHvidual s who most appropriately
represent thole neighborhoods.
COI Peconlideration of priorities. as ...1qne<1 in the
I!ousinq E!er:'ent, for neighborhood improvement
orQGra~. and activit!...
.
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( E. Ot he r items which ~ay hereafter be referred to the
Task force by the City Commis.ion, and other item.
which the Task force, Itself, may wish to brine; to
the attention of the City Commission.
Section 2. The Nelqhborhooda Task Force sha 11 lnvnedi-
ately pursue its assiqned tasks with a tarqet of accompl1shinq
Task (A) by the end of Auqust, 1990, Ta skI (8 ) and (C) by the end
of September, 1990: and Task (D) by the end of October, 1990.
Reports relative to each task shall be prepared and presented a.
the tasks are completed.
Section 3- This Nelqhborhood Task Force sha 11 disband
upon the discharqe of its assiqned tasks or by December 1, 1990,
unle.. otherwise extended by action of the City Commission.
PASSED AND ADCPTED 1n reqular less10n on this the 10th
day of July, 1990. .
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ATTESTz
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City Clerk ,
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NEIGHBORHOODS TASK TEAM
GENERAL RECOMMENDATIONS
The following re·::ornmenda t lons were put forth by the
Neighborhoods Task Team regarding overall concerns for housing
issues withln the Clty of Delray Beach and other related
activitles:
HOUSING PROGRAMS FUNDING
The Housing Programs (Infill, Bootstrap and Neighborhood
Associations) should remain at a fund1ng level of at least
$166,000 per fiscal year and, hopefully, escalating to $300,000
or more each funding cycle by fiscal year 1993-94.
For FY 90-91 the NTT recommends the followlng Allocat:on of
fu~ds fcr the Housing Programs:
Infill $60,000
Bootstrap $100,000
Neighborhood Associations $6,000
~OUSING PROGRAM PRIORITIES
The NTT recommends the following neighborhoods receive
priority assistance for approved housing program activities
during the 1990-91 fiscal year:
( 1 ) SOUTHWEST - southwest 1st Street south to Southwest
lOth Street; between 10th Avenue and Swinton Avenue
( 2 ) NORTHWEST - Lake Ida Road south to Atlantic Avenue
Between I-95 and Swinton Avenue
( 3 ) 22nd Street south to 8th Street
Between Swinton Avenue and Federal Highway
It is further recommended that two neighborhoods per fiscal
year be designated for priority consideration of housing
activities. Prior years designated neighborhoods with work
remaining undone or whose residents continue to apply for
participation in the programs should be given priority for
funding.
NEIGHBORHOODS TASK TEAM
It is recommended that the Neighborhoods Task Team meet
quarterly to assess staff progress and activities funded under
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the Housing Element. The purpose of the meeting which occurs
near the end of the fiscal year should be to determlne the next
flscal year's priority recoœmendations. These recommendations
should be predicated on the success of funded activitles and the
ldentification of needs, the achlevement of the stabilization
goal in each neighborhood and to ensure adequate funds are made
available to cantinue the housing program's progress.
REDEVELOPMENT AREA
The NTT recommends that the CRA be directed to officially
commit the West Atlantic Corridor be given priority in receiving
the next redevelopment plan, and the Osceola Park Area should be
consldered for the 2nd plan.
The NTT recommends that in the Old Germantown Road area
redevelopment strategies be used to accommodate both industrial
and residential uses as well as to create an open space/park
area.
NEIGHBORHOOD PLANS
It was recommended by the NTT that the next formal
neighborhood plan be developed for the following area:
22nd Street south to 8th street
Between Swinton Avenue and Federal Highway
SUPER BLOCK
The NTT recommended that the Super Block Concept be
considered for the South SWlnton Area; from southwest 2nd to
southwest 10th Street.
TRUCK ORDINANCE CRITERIA
The Neighborhoods Task Team offered the following hardship
criteria for consideration by Planning and Zoning in
neighborhoods zoned R1A:
1. Trucks wi,:h a ra-:ing 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.
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
lS available within City limits.
-5-
T~e NTT 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.
DEFINITION OF FAMILY
The consensus position of the Task Team was that the
deflnition of family as proposed by staff is sufficient and they
Sllppcrr. it as proposed. However, in addition to the revised
definltion of family, the Task Team would like P & z to conslder
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 over::rowded
condltions in our single family neighborhoods.
POLICE DEPARTMENT
The NTT recommended that the Police Department's pilot
proJect for the Community Police Program be implemented in the
Northwest sectlon of the city. The area is to encompass Northwest
3rd Avenue to Northwest lOth Avenue, Lake Ida Road south to
Atlanr.ic Avenue.
The Task Team recommends that if the Community Police Program
1S successful the second area to receive this project should be
the area from Northeast 4th Street south to Atlantic Avenue, from
Swinton Avenue east to Federal Highway, (Pineapple Grove area).
The Neighborhoods Task Team recommends that the City
Commission consider interim Chief Richard Lincoln in the formal
search process for the Chief of Police position.
The Task Team recommends that the police department not be
actively involved in general code enforcement activities.
HOMELESS POPULATION
The NTT recognizes that there is a growing population of
homeless persons throughout the community and the impact of th1S
problem is becoming more apparent in both the residential and
commercial areas. NTT therefore recommends that the City
Commission direct staff to analyze the homeless problem in Delray
Beach and provide recommendations for their consideration that
would assist in mitigating current trends and conditions.
ALLEYWAYS
The NTT recommends that the alleyways in the Northwest
section, between I-95 and Swinton, in particular, be analyzed for
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possible improvement and creating access for additional offstreet
parklng. It was also recommended that the alleyways that are not
used be considered for abandonment and deeded to the property
owners abutting such alleyways. The Task Team feels that this
lssue is best addressed on a site by site basis. The group will
further address this issue at their next meeting ( if the
Commission approves NTT meetings occurring on a quarterly baS1S) .
OTHER RECOMMENDATIONS
An Investor Owned Property Associatlon is recommended by the
NTT to be developed in order to communicate wlth the owners of
commercial and rental property in the areas where few formally
organized associations exist.
It was recommended by the NTT that the banks should be
encouraged to print loan and homeownership program infor~ation ln
Spanish and Creole. Additionally, it was recommended that the
banks should employ both a Spanish and Creole speaking person to
assist customers.
The NTT recommends that an analysis of the school bus stop on
Northwest 2nd Avenue and 3rd Street, (northwest corner) be done to
identlfy improvements to better accommodate the children. The
eXlsting fence is also too close to the road and appears to
contribute to an unsafe condition. The fence is located on City
property.
The Task Team recommends that development standards for the
Central Business District be modified to accomodate existing
conditions and limitations on commercial sites. Modification to
code requirements should be designed to encourage redevelopment
within the CBD.
-7-
ÇITY OF DELRAY BEACH
~EIGHBORHOODS TASK TEAM
CAPITAL IMPROVEMENTS RECOMMENDATIONS
Listed below are the Neighborhoods Task Team capital
improvements recommendations for the areas observed by the group:
SIDEWALKS
Throughout the city, sidewalks should be provided for
safe pedestrian access, in particular, where children commonly
travel to and from school.
Southwest 4th street
Southwest 4th, 8th and lOth Avenues
Throughout the area that is bordered by
Gulfstream Drive and Webb street
Throughout the area that is bordered by 22nd
Street south to Northeast 8th Street
Between Swinton Avenue and Federal Highway
(
Throughout the area bordered by Lake Ida Road
south to Atlantic Avenue
Between i-95 and Swinton Avenue
Throughout the area bordered by Southwest lOth
Street south to Linton Boulevard
Between 1-95 and Swinton Avenue
Added and improved sidewalks Allen Avenue south to
Northeast 8th Street
Between Federal Highway and the Intracoastal;
especially Lake Avenues north and south
Cleaned, improved and linked together sidewalks in
area bordered by Northeast 8th Street south to
Northeast 2nd Street
Between Northeast 7th Avenue and the Intracoastal
Sidewalks planned and constructed, where needed in
Silver Terrace - Southeast 10th street south to Delray
Hall Between Dixie Highway and Federal Highway
ßTREETS PAVED. RESURFACED. STRIPED
- Atlantic High School Area/Gulfstream Boulevard
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- Northeast 2nd and 3rd Avenues
- Lake Avenues north and south
- Southridge, Southeast 10th street south to
Linton Boulevard Between Southeast 4th Avenue
and Dixie Highway
- Rainbow Homes - West of Congress between 20th
Terrace and 22nd Avenue; 12th Court south to
13th Court
- Breezy Ridge Estates - DaVlS Road throughout
the area
- Lamat Avenue - Avenue F south to Avenue H
Between Federal Highway and Florida Boulevard
throughout the area
- south Swinton Avenue between 2nd and 10th Streets
- Atlantic Avenue south to Southeast 10th Street
Between Federal Highway and Intracoastal
DIRT ROADS IMPROVED AND PAVED
Throughout the area bordered by Southwest lOth
Street to Linton Boulevard Between 1-95 and
Germantown Road
Southeast 10th Street south to Linton Boulevard
Between southwest 4th Avenue and Swinton
Avenue
Lamat Avenue - Avenue F south to Avenue H
Between Federal Highway and Florida Boulevard
ALLEYWAYS - studied, improved and opened up where feasible
for offstreet parking and property access
Northwest - Lake Ida Road to Atlantic Avenue
Between 1-95 and swinton Avenue
Atlantic Avenue to Southeast lOth Street
Between Federal Highway and the Intrac~astal
(Mariana District and south)
BIKE PATHS/EXTRA WIDE SIDEWALKS CONSTRUCTED
Throughout the area bordered by Southwest 1st
Street south to Southwest 10th Street
Between lOth Avenue and Swinton Avenue
Throughout the area bordered by Southwest 10th
Street south to Linton Boulevard
Between 1-95 and Germantown Road
-9-
BEAUTIFICATION/LANDSCAPING
Median Beautiflcation throughout the Atlantic High
School Area- Gulfstream south to 22nd street
Between Seacrest and Dixie Highway
Throughout the area in Northw~st - Lake Ida Road
to Atlantic Avenue
Between I-95 and SWlnton Avenue
The Atlantic Avenue Corridor
Throughout the area in Breezy Rldge Estates -
Davis Road
MISCELLANEOUS IMPROVEMENTS
WIDENING OF CIRCLE - Located at Seacrest and
swinton Avenue Between 18th and 22nd Streets
WIDENING OF SOUTHWEST/SOUTHEAST 10TH STREET -
It is recommended that lOth street NOT widened.
TRIANGLE REMOVED - 14th street
NORTHEAST 8th STREET CIRCLE - Improvements
included in the capital improvements budget and
schedule
STREET TO BE MADE 2-WAY - Southridqe Road should be
made 2-way to Southwest 10th Street
RAILROAD CROSSINGS - Railroad crossing between
Southridge Road and lOth Street should be eliminated.
The railroad crossing on Southwest/Southeast 10th
Street needs to be repaired.
LIGHTING IMPROVEMENTS
-Highland Lane and Center Lane
-Throughout the area Southwest lOth Street
south to Linton Boulevard, Between I-95
and Germantown Road
-Throughout the area Northeast 8th Street
south to Northeast 2nd Street
Between Northeast 7th Avenue and the
Intracoastal
-Breezy Ridge Estates - Davis Road
-South swinton Avenue between 2nd and lOth Streets
-10-
DRAINAGE PROBLEM AREAS
The following areas were identified by the Neighborhoods
Task Team as neighborhoods with obvious drainage problems and are
recommended for drainage and curb improvements:
l. SW 2~d St. between 4th and ath Avenues
2. Lake Ida Rd at the curve (NW 4th and 5th Ave. area)
3 . Palm Trail between NE 2nd and 3rd Streets
4 . Corner of NE ath Street and Palm Trail (St. Vincent
Church)
5. Dixie Blvd and NE ath Street
6. SW 4th Avenue and 3rd street
7. S. Swinton Avenue and lOth Street
a. Intersection of NW 11th Avenue and 1st Street
9. NE 2nd Ave. and 4th St. (Publix Shopping Center area)
10. NE 16th Court (north side of the street)
1l. Wiggins Road off NW 9th Street
12. NE 2nd Ave and Seacrest Blvd beginning at ath Street
13. NE 1st Ave from Neals Market to 3rd Street
14. NE 3rd Street between Swinton and 3rd Avenues
15. NW 1st Ave between 1st and 2nd Streets
16. sw 4th Avenue from Atlantic Avenue to Linton Blvd
17. NW 10th Avenue to 2nd Street
la. Germantown Road and lOth St to railroad tracks
19. NW 2nd Ave and 1st Street
20. Sterling Road along railroad tracks at curve of road
21- South Old Dixie Blvd and 10th Street
22. Seabreeze Dr (behind Spanish River Resort)
23. AlA north to NE 8th Street
24. S. Federal Highway (areas in front of the Burger King
restaurant)
-11-
NEIGHBORHOODS TASK TEAM
RESIDENTIAL NEIGHBORHOODS
ANALYSIS AND RECOMMENDATIONS
Listed below are the Neiqhborhoods Task Team final
recommendations for the areas described on the Neiqhborhoods
Assessed by the NTT map and the Description of the Neiqhborhood
Boundaries (See Appendices A and B):
1. Area: southwest - Southwest 1st Street south to
southwest 10th Street
Between southwest 10th Avenue and Swinton Avenue
REVITALIZATION/REHABILITATION
Team: Dr. Cadet, Joann Peart, Rosette Rolle
- There is a need for playqrounds (Tot Lots) throughout
the area. Existing vacant land in the neighborhood could be used
for this purpose. The committee also recommends the
implementation of an infill housing program that would utilize
existing vacant lots to create good, affordable housing
opportunities.
- There is a need for landscaping of properties and proper
maintenance and upgrade of existing landscaping. The team
recommended the development of a program based upon an IIAdopt a
Tree" program.
- Recommend the creation of a program for planting and sodding
yards with participation by the City and homeowners.
- Recommend creating a plant bank with a volunteer coordinator,
inexpensive, easy care. Have a xeriscape landscaping plan for
lots. Use garden clubs to assist in start-up plants.
- Boarded-up substandard structures should be demolished and
replaced with decent, standard and safe housing.
- concentrated code enforcement is recommended for SW 14th and
15th Avenues. Visible usage of vacant lots for depositing trash
and other debris should be discouraged and this, and other such
illeqal usages be strictly enforced.
- There is a strong need for a neighborhood/homeowners
association.
-12-
- The old Police Department building, currently owned by the
County and adjacent to existing residential units, needs exterior
malnsenance specifically with the grounds.
- Recommend the City acquire from the County the Cather~ne Strong
center, structurally enlarge the facility and broaden the public
recre~tion program.
2 . Area: Atlantic High School Area
Gulfstream south to Northeast 22nd street
Between Seacrest and Dixie Highway
STABILIZATION/REVITALIZATION
Team: Dick Shermeta, Sandy Jamison, Frank Spence
- Redevelopment of a commercial use is recommended for the
boarded up commercial strip on Seacrest Blvd. (across from
Atlantic High School).
- The rehabilitation and Bootstrap programs (paint-up/fix-up,
landscaping programs) activities are recommended for the
residential area.
- Seacrest Lane between the churches and the high school should
be rezoned with transitional zoning. Professional office zoning
would be appropriate.
- The high school property and the railroad property should be
screened from the commercial property.
- The high school should be encouraged to provide better
maintenance of its property.
- Recommend abandoning Old Dixie Highway from Gulfstream Blvd.
south to 14th Street where the triangle is located. The city
should acquire the property and turn it over to the contiguous
property owners.
3. Area: 22nd Street south to 8th Street
Between Swinton Avenue and Federal Highway
STABILIZATION/REVITALIZATION
Team: June Carr, Deanna Hartman, Jean Beer
- Neighborhoods should be encouraged to organize crime watch
groups where none exist.
- Bootstrap program activities are needed in the Northeast 2nd
and 3rd Avenue area which consists of single family and
multifamily structures.
-13-
- It is recommended that the Engineering and Code Enforcement
staff address the following problems:
- visual obstacles from a pine tree at Northeast 13th
Street and 3rd Avenue
- a fence and a.hedge on Northridge and 22nd Street.
- widening of Seacrest Circle and Swinton Circle between
18th and 22nd Streets.
- Lights on Highland Lane and Center Lane.
- Triangle removed on Northeast 14th Street.
- Concentrated code enforcement efforts are recommended for the
following areas:
- The apartment units on 3rd Avenue, between 17th and
18th streets (the appearance of overcrowding);
- 14th street (blight conditions)
- 3rd Avenue area with the worst physical conditions,
needs code enforcement and Bootstrap Program
activities.
- 3rd Avenue should be widened.
- 17th Street needs a name change for consistency in street
directions.
- The team supports and recommends demolition of the old Pantry
Pride strip shopping center and the encouragement of a new
development. The current proposed use of an indoor flea market is
not appropriate. (Code Enforcement should address the overgrown
triangle lot, Dixie Highway, across from the new Delray sign).
- "No Parking" signs are needed in the area around the Swap Shop,
where appropriate, to eliminate and control blighted conditions
caused by illegal parking of Swap Shop customers.
- Removal of the trailer court on North Federal Highway is
recommended.
- The motel located on North Federal Highway should be demolished
and redevelopment encourage.
- The abandoned Dodge dealership should be demolished and
redevelopment encouraged.
- Recommend a program for an "Adopt-A-street, Block or House"
fix-up project for civic organizations, which would be given
recognition. Area youth could be used to help maintain.
-14-
·
4. Area: Northwest
Lake Ida Road to Atlantic Avenue
Between I-95 and Swinton Avenue
REVITALIZATION/REHABILITATION
Team: Bill Harris, steve Wexel, Deborah Dowd
- It is recommended that alleyways be used to assist in the
offstreet parking solution where homeo~~ers agree.
- A plan to construct Tot Lots should be developed for some of
the existing vacant lots in the area.
- The area has a great deal of vacant land. Infill housing is
recommended to revitalize the area.
- The substandard buildings behind Spady Elementary School should
be acquired and demolished.
- It is recommended that a landscaping program be developed to
assist residential areas, in particular, elderly residents, in
planning and caring for their yards.
- City-owned property behind the utility building needs
upgrading.
- The entire are would benefit from the implementation of the
Bootstrap Program (paint-up/fix-up, rehab, etc. ) .
- staff is requested to gather recent statistics on owner to
renter ratio for the area.
- Along Lake Ida Road, large parcels of vacant land are available
for the development of multifamily units which will not impact on
existing single family neighborhoods. Such small scale
multifamily units should be considered for the area.
- It is recommended that neighborhood associations be promoted in
the area. Crime watch programs should be established throughout
the area.
- Multifamily housing should be developed along Lake Ida Road.
5. Area: Atlantic Avenue Corridor
REDBVBLOPMBNT
Team: Frank McKinney, Dorothy Sutton, Gene White
- Atlantic Avenue East versus Atlantic Avenue west differences
should have the walls broken down in order to unite the city.
-15-
- LOitering rules should be enforced to rid the area of people
"hanging out" on the street.
- Concentrated Cede Enforcement of nuisance abatement should be
implemented to mitigate bllghted conditions caused by trash and
debris on properties.
- The street lighting should be upgraded on the one block areas
north and south of Atlantic Avenue.
- The committee supports the development of an environmental
security design for the Safe Neighborhood District should funding
become available.
- Existing vacant lots should be considered for redevelopment in
this corridor.
- Many skilled and unskilled people are available for employment
in an "unofficial labor pool" operation that exists at specific
locations on the Avenue. A program should be developed to create
employment opportunities for these people.
- Discontinue the use of residential properties for commercial
uses.
- Police relations with residents are poor in this area. The
( establishment of a "walking beat" would be beneficial both in
developing a positive relationship with residents and curtailing
of loitering problems.
- Vacant lots can used for playgrounds.
- Additional landscaping should be planned.
- county-owned land (the old police station) needs maintenance.
- The committee feels that the number of liquor licenses that are
concentrated in the relatively small geographic area contribute
to the blighted condition and has an overall negative impact.
- The businesses should be organized into an association to
encourage a consensus approach and find resolutions to common
problems.
- Data is needed on unemployment in the area.
- Residential area needs major Bootstrap Program activities.
- Jay-walking through medians and other areas is dangerous and
should be controlled.
-16-
'_..~-~----
I
6 . Area: southwest 10th street to Linton Boulevard
Between I-95 and Germantown Road
REDEVELOPMENT
Team: Deborah c~stello, Wanda Gadson, Eather Mae Collins
- The committee recommends that traffic lights be installed at
Germantcwn Road and 10th Street, 4th Avenue and 10th Street near
Pine Gr~ve Elementary School.
- The grocery store (currently closed) should be demolished and
commercial redevelopment encouraged.
- Existing warehouses have blighted conditions. Code efforts
should be targeted in the area for maintenance and compliance to
approved site plans.
- Sodding is needed for homeowners/resldential area.
- Stricter code enforcement is needed to address the junk car
problem.
- There is a distinct difference between Bill Wallace's
commercial establishment and all else in the area.
- It is recommended that staff determine the renter/owner ratio.
- Targeted Code Enforcement is required.
- Area lighting is inadequate.
- HRS bUilding needs major upgrade and maintenance.
- East side of Germantown Road could be developed with
multifamily units.
- 10th Street should not be widened between Swinton and eastward
to U. S. ~1 because of the potential negatlve impact on the
existing single family ne:ghborhood ar.d school.
- Recommend that the City and CRA seek out and encourage
economically stimulating ventures for the area.
7. Area: Southeast Atlantic Avenue south to 10th Street
Between FEC railroad tracks and Federal Highway
REDEVELOPMENT
Team: Jim Johnson, Elijah Weatherspoon, Veronica Bowleg
- Noise pollution along the railroad track is a major problem.
-17-
- Federal Highway should be thought of as an asset and additional
redevelopment should be encouraged. Current businesses are
cramped along Federal Highway; they should be allowed to expand
to Southeast 4th Avenue.
- A block-by-block study of the ent~re area should be conducted
with consideration given to closing some of the access points,
1. e. 6th street south to 2nd street, FEC to Federal Highway. The
area could be redeveloped to a mlxed use treatment with a master
plan developed for the reconstructlon of this area. The
neighborhood is ideal for the Super Block concept. Additional
land could provide space for the commercial expansion.
- A buffer is recommended between commercial and residential
uses. Whenever a wall is used, it stould be on the residential
sije. Current alleyways can be used for such commercial buffers.
- Properties east of the railroad tra:ks are stable but not being
maintained.
- In the area south of 6th Street the most deteriorated
properties are converted multifamily units within a predominantly
single family structures neighborhood. It is recommended that
the City acquire these units and convert the area back to single
family structures. It is further recommended the property north
of 6th street, which is more deteriorated be considered for
demolition and use change to allow for commercial development
especially between 2nd and 3rd Streets.
- FPL building should have increased buffering and landscaping to
improve the property aesthetics.
- Northeast 2nd street to Northeast 4th street - older, existing
commercial area is deteriorated. Should be cleaned up and
expanded to swinton Avenue and redeveloped into a more viable
economic use.
- The committee recommends that the multifamily units on South
Swinton adjacent to FEC railroad track be demolished and a better
use of the land be identified. Existing noise pollution problem
interferes with the viability of residential units at this
location. More commercial uses could be applied to area adjacent
to railroad tracks. FEC track area ideal for public uses, 1. e.
parks, recreational facilities, churches, etc.
8. Area: Allen Avenue south to 8th street
Between Federal Highway and the Intracoastal
STABILIZATION/REVITALIZATION
Team: Sandy Jamison and Joann Peart
- Bootstrap Program Activities are recommended.
-18-
I
- Targeted code enforcement activity is recommended for the
entire area.
- It is recommended that Engineering study and make a
~ecommendation for the intersection at Bond Way and Federal
Highway for poss ibloe cul-de-sac or a stop sign to control
trafflc.
9 . Area: Northeast 8th street south to Northeast 2nd street
Between Northeast 7th Avenue and the Intracoastal
STABILIZATION/REVITALIZATION
Team: Jim Johnson, sandy Jamison, Dick Shermeta
- It was recommended that the City assist the entire area with
changes that would enhance the distinctive characteristics
identifying it as a neighborhood, in particular, the area from
the alleyway between Northeast 7th and 8th Avenues, east to the
Intr:icoastal, Northeast 2nd street north to 8th Avenue to the
church, utllizing the following strategies:
-Northeast 3rd and 4th Streets from the Alley to Northeast
8th Avenue be closed off to create a cul-de-sac, paved and
landscaped.
-Gateway entrances to the neighborhood be designed and
Established on the south at Northeast 2nd Street and 7th or
8th Avenues, northwest at 6th Street and one at North Palm
Trail.
-The outer perimeter of the neighborhood should be
landscaped
to enclose entire area and cutoff access.
-Pedestrian travel be encouraged by the use of an interior
neighborhood asphalt pedestrian walkway or loop for the
area from Northeast 6th street south to Northeast 3rd
Street, Palm Trail to Northeast 8th Avenue.
-The City should consider other cul-de-sacs for the area to
lessen access to this neighborhood from Federal Highway and
6th and 7th Avenues.
-street lighting designed to coordinate with the walkway is
recommended to improve security for pedestrians.
- Alleyways should be cleaned up, paved, landscaped and used
as access to offstreet parking, especially in areas with
multifamily structures.
- Sight distance problems should be eliminated throughout the
area.
- Deteriorated bUildings along the alley between northeast 6th
and 7th Avenue should be demolished.
- Eliminate some of the back-out parking onto 7th Avenue.
-19-
1l. Area: southeast 10th Street south to Linton Boulevard
Between southeast 4th and Swinton Avenue
REVITALIZATION/REHABILITATION
Team: June carr, Deborah Dowd
- It is recommended this area be given priority consideration for
redevelopment.
- Commercial enterprises within the area need to erect privacy
fences to separate land uses, where needed, upgrade landscaping
and paint buildings.
- It is recommended that existing commercial parking areas be
repaved, restripped and additional spaces be created on adjacent
vacant property.
- Fire lanes should be installed where needed and existing fire
lanes restripped.
- It is recommended that unidentified streets be named.
- Increased code enforcement activity is recommended for the
area.
- The development of a neighborhood association is recommended in
order to address issues such as clothes hanging on fences and
neighborhood appearance.
- Bootstrap Program activity is recommended to address
paintup/fix-up needs and to upgrade landscaping throughout the
area.
- To eliminate overcrowding and blighting conditions from the
st.orage of junk automobiles around repair shops, it is
recommended that auto repair shops provide work orders for
vehicles being repaired.
- Traffic flow between lOth Street and South Swinton should be
studied and mlddle railroad crossing possibly eliminated.
- It is recommended that land use for north of sterling Avenue be
maintained as single family.
12. Area: Rainbow Homes
West of Congress between 12th and 13th Court
STABILIZATION
Team: Dorothy sutton, Veronica Bowleg, Bather Mae Collins
-21-
I
- It is recommended that the southeast section of the development
have the landscaping upgraded.
- Trees should be trimmed at the cul-de-sac streets.
- Bootstrap Program activity is recommended for the fence at 20th
and Linton.
- Targeted Code Enforcement is recòmmended.
13. Area: Breezy Ridge Estates
Davis Road
STABILIZATION
Team: Frank Spence, Joann Peart
- Bootstrap Program activities are recommended where needed.
- It is recommended that a neighborhood association and crime
watch be established in the area.
- The team highly recommends that a railing at the drainage canal
be installed for safety.
- It is recommended that brighter and better located lighting be
provided.
- It is recommended that David Jones Construction Company be
required to provide landscaping screen to separate their property
from the surrounding area.
- It is recommended that the designation on the Residential
Categorization Hap be changed from STABILIZATION/REVITALIZATION
to STABILIZATION. The physical condition of the area is more
appropriate to the Stabilization category. I
14. Area: Delray Shores
STABILIZATION
Team: Jean Beer, Dorothy sutton - It is recommended that trees be placed within road right-of-way
(the area between the sidewalks and the road) throughout the
neighborhood.
-Bootstrap program activities are recommended for the area.
-Clean-up is recommended for the exit from Delray Shores to Davis
Road.
-22-
15. Area: Del Ida
Northeast 4th street north to 8th street
Between swinton Avenue and the FED Railroad Tracks
STABILIZATION/REVITALIZATION
Team: Frank McKinney and Joann Peart
-Increased code enforcement activity is recommended throughout
the area to address the removal of old cars overhanging trees and
trash or debris in yards.
-It is recommended that the neighborhood be identified with four
appropriate signs at its borders stating "You are enter~ng Del
Ida Historic District - Established 1923".
-It is recommended that medallions describing the history of the
area be imbedded in the sidewalks to encourage pedestrian travel.
-It is recommended that the Del Ida Neighborhood Association be
used to disseminate information regarding the Bootstrap and other
City sponsored programs.
-Increased law enforcement visibility, 1- e. foot patrols, are
recommended for the neighborhood to reduce potentlal crime
activity and create a safer environment for foot traffic.
-Additional street lights should be installed to facilitate more
evening and night pedestrian traffic and crime control for this
neighborhood and throughout the city.
- It is recommended that a specific study and design be completed
which would identify streets that could be cuI-de-saced to
maintain the neighborhood's quaintness.
16. Area: Lamat Avenue
Avenue F south to Avenue H
Between Federal Highway and Florida Boulevard
RBDSVBLOPMBNT
Team: Dr. J. Pierre-Paul Cadet, Rosetta Rolle
- It is recommended that the residential character of the area be
maintained and the use be chan<;led to RH to accommodate
multifamily residential development such as townhouses.
- Code enforcement activity is needed to address overgrown vacant
lots within the area.
-It 1s recommended that the entrance to the bus stop be better
defined for better visibility.
- Bus stop benches should be improved.
-23-
I
- Demolition is recommended for the abandoned house on Frederick
Boulevard.
-It is recommended that commercial establishments on Federal
Hlghway, the Car Rental, 7-11, Dlscount Lightlng, all refurblsh
building exteriors, upgrade landscaping and a wall to separate
the commercial from the residential areas.
17. Area: Atlantic Avenue south to Southeast 10th street
Between Federal Highway and the Intracoastal
STABILIZATION
Team: Bill Harris, Steve Wexel
- More street lighting is needed.
- It is recommended that weeds and overgrowth be removed from
sidewalks on Federal Highway.
- It is recommended that a stop sign be installed on 7th Avenue
at southeast 3rd Street to slow down traffic.
- Commercial establishments within the area should be encouraged
to erect buffer walls to separate the commercial from residential
uses.
- It is recommended that commercial areas be required to upgrade
their landscaping.
- Boarded up bUildings should be addressed appropriately.
- street lights are recommended for 7th streets between 10th
street and 7th Avenue.
- It is recommended that the street is closed on 9th Street and
the property divided and turned over to the property owners on
the north and south sides.
- Erect 4-way stops for traffic control to slow up northeast to
southeast traffic on Federal Highway and Southeast 7th Avenue.
- Incentives are recommended to encourage the upgrade and
renovation of apartment bUildings on 7th Avenue, south of
Atlantic Avenue.
-24-
ÇITY OF DELRAY BEACH
~EIGHBORHOOD ASSOCIATIONS PROGRAM
-25-
·
NEIGHBORHOODS TASK TEAK
NEIGHBORHOOD ASSOCIATIONS PROGRAM RECOMMENDATIONS
The Neighborhoods Task Team made the following
recommendations in relationship to the Neighborhood
Associations Program:
1. It is recommended that the City's efforts to organize
neighborhood associations should include neighborhoods platted in
the same subdivisions that are not represented by or
participating in a formal association.
2. NTT supports policies in the Housing Element which
state that staff should provide area homeowner associations
and neighborhood representatives with a newsletter to inform
residents of City-sponsored programs and program criteria as
well as other pertinent information. staff is also
encouraged to develop seminars and technical assistance for
residents establishing homeowner associations.
3 . The Task Team reccmmended that the Crime Watch map
and neighborhood contact person be used by the Neighborhood
Housing Specialist to assist in establishing neighborhood
associations for areas identified as not currently having
any organized group.
4. NTT recommends that information from city
publications for each department should be made available to
all neighborhood/homeowner associations.
5. The Task Team recommended that the Community
Redevelopment Agency contribute $6,000 to the Neighborhood
Association Program to assist in the cost of excuting the
program activities which require copying and mailing items.
-26-
CITY OF DELRAY BEACH
NEIGHBORHOOD ASSOCIATIONS PROGRAM
The Housing Element of the Comprehensive plan mandates that
a Neighborhood Associations Program be established to assist in
the development of neighborhood associations within areas which
have been designated as stabilization and stabilization-
/revitalization neighborhoods on the Residential Categorization
Map. In addition, the Neighborhoods Task Team has recommended
that associations also be developed in areas which have been
designated Revitalization/Rehabilitation neighborhoods. The
intent of this program is to provide a technical assistance
component for this purpose within these areas, and to create a
citywide communications link with neighborhood associations and
residents.
PROGRAM DESIGN AND STRATEGIES
TECHNICAL ASSISTANCE
The Neighborhood Housing Specialist will work with
neighborhoods by making contact with a key neighborhood resident.
This resident may be someone who has requested assistance fro.
the City, been referred to the City as an interested party or
has been involved with organizing Crime Watch activities within
their neighborhood. The Neighborhood Housing Specialist will
provide the following type of technical assistance to the contact
person for planning and executing the organization of a
neighborhood association:
l. Provide the contact person suggestions of
incentives (topics, common links or issues) which
. will assist in gaining neighborhood residents'
interest;
2. Assist the group in developing organizational
structure;
a. selecting officers, block captains and key
informational residents;
b. referral on why and how to incorporate;
c. refer to Presidents Council on creating
bylaws, developing neighborhood physical
standards, board liability insurance;
3. Assist the contact person in developing a meeting
schedule and information dissemination tool such as
a neighborhood newsletter;
4. Assist the group in developing fund-raising and
social activities to maintain the organization and
create neighborhood cohesion;
5. Assist in disseminating information to the
neighborhood regarding City issues and activities
which will effect the area;
-27-
"'._--~-
6. Encourage the neighborhood associations' involvement
in Presidents Council activities.
INFORMATION DISSEMINATION
The Neighborhood Housing Specialist will be responsible for
disseminating information regarding topics relating to residents
Citywide or within a particular area or neighborhood. This
information (1. e. land use, taxes, comprehensive plan amendments,
capital improvement schedule changes, law enforcement, code
enforcement and other issues) will be made available through the
following means:
1. Pursuant to the goals and objectives of the
Comprehensive plan, develop and execute annual,
semi-annual and quarterly community meetings with
neighborhood and condominium association
representatives to disseminate information.
2. A quarterly newsletter to neighborhood associations
and others requesting this mailing;
3 . Through Presidents' Council meetings;
4. Through telephone contact with city residents
requesting information (individuals or
associations).
a. Direct Information
b. Referral to correct source of information
BUDGET
The Neighborhoods Task Team has recommended $6,000 be
allocated for program expenditures during FY 1990-91.
-28-
NEIGHBORHOODS TASK TEAM
NEIGHBORHOOD ASSOCIATIONS PROGRAM RECOMMENDATIONS
The Neighborhoods Task Team made the following
recommendations in relationship to the Neighborhood
Assoclatlons Program:
l. It is recommended that the Clty'S efforts to organize
neighborhood associations should include neighborhoods platted in
the same subdivisions that are not represented by or
participating in a formal association.
2. NTT supports policies in the Housing Element which
state that staff should provide area homeowner associations
and neighborhood representatives with a newsletter to inform
residents of City-sponsored programs and program criterla as
well as other pertinent information. staff is also
encouraged to develop seminars and technical assistance for
residents establishing homeowner associations.
3. The Task Team recommended that the Crime Watch map
and neighborhood contact person be used by the Neighborhood
Housing Specialist to ass 1st in establishing neighborhood
associations for areas identified as not currently having
any organized group.
4. NTT recommends that information from city
publications for each department should be made available to
all neighborhood/homeowner associations.
5. The Task Team recommended that the Community
Redevelopment Agency contribute $6,000 to the Neighborhood
Associatlon Program to assist in the cost of excuting the
program 3ctivities which require copying and mailing items.
-29-
CITY OF DELRAY BEACH
BOOTSTRAP PROGRAM
.
-~-
NEIGHBORHOODS TASK TEAM
BOOTSTRAP PROGRAM RECOMMENDATIONS
The following recommendations for the Bootstrap were
put forth by the Neighborhoods Task Team:
1. It is recommended that in addition to the programs
outlined in the Housing Element, the Bootstrap
Rehabilitation Program should include a Neighborhood
Paint-Up/Fix-Up component to address landscaping
improvements, painting and the development of a volunteer
assistance program.
2. It is recommended that staff develop a
demonstration project for the Bootstrap Program uSing one
block to demonstrate how Bootstrap creates a "difference",
how volunteers are used, how the palnt-up/fix-up component
operates.
3. NTT members recommended that the banks should make
available more volunteer labor from their staffs for the
bootstrap projects sponsored by the City.
4 . NTT members recommended that staff solicit paint
suppliers, nurseries and others who may make supplies
available for the program at below the general public's
established retail price.
-31-
ÇITY OF DELRAY BEACH
BOOTSTRAP PROGRAM
The Housing Element of the Comprehensive Plan mandates that
a Bootstrap Rehabilitation program be established to assist City
residents with maintaining and enhancing their neighborhood
environment. The purpose of this program is to address exterior
improvements related to single family and multifamily dwellings
including building code items, landscaping, appearance and
parking. This program shall not apply to life and safety matters.
The program shall provide for the phasing of improvements, which
are necessary to meet the applicable codes, over a period of
time. The schedule of improvements shall be based upon the
property owner's ability to pay and upon the need to enhance the
quality and character of the neighborhood. Property owners shall
be eligible for grants, matching funds or loans depending t.:pon
their income and their ability to quallfy for bank loans.
PROGRAM DESIGN AND STRATEGIES
Applicants will be selected from single family dwelling
residents who demonstrate a need for exterior dwelling
improvements. City personnel will determine if the needed
improvements fit the criteria of building code violations,
landscaping, appearance or parking. These improvements will be
considered as they will enhance the overall ambiance of
neighborhoods in NTT recommended areas and in conjunction wlth
CDBG rehabilitation projects that have occurred or will occur
within these prioritized areas. city personnel will determine
the eligible improvements, prioritize the execution of the
repairs based upon the impact of the work on the overall
neighborhood enhancement and the abllity of the property owner to
meet the expense of the work.
Eligible improvements will consist of:
Exterior painting
Replacing broken windows, shutters, screens
Roof repairs, replace or clean
Landscaping
Driveways and carport repairs
Fence repairs
Replacement of missing or rotten siding
Gutters and downspouts
Porch and stair repairs
OTHER COMPONENTS
The program will also consist of a paint-up/fix-up component
which will include simple repairs, paint jobs, yard clean-up and
simple landscaping work. As a part of this program the city will
make arrangements with paint suppliers and nurseries to provide
-32-
supplies at a lower than retail cost to those property owners
eligible for work under th:..s program. Supplies will also be
supplemented by labor from volunteers on those properties owned
by senior c~tizens or others who are unable to perform their own
work. These volunteers wlll provide labor to clean yards and
perform simple landscaping and pa~nting tasks.
The Neighborhood Housing Specialist wlll advertise the
availability of funds for this program with priority to residents
within the neighborhoods prioritized by the Neighborhoods Task
Team as the first areas to receive the programs established by
the Housing Element of the Comprehensive plan.
For FY 90-91 the priorlty neighborhoods are as follows:
1. Southwest 1st Street South to lOth Street
Between 10th Avenue and Swinton Avenue
2. Northwest - Lake Ida Road South to Atlantic Avenue
Between 1-95 and Swinton Avenue
3. 22nd Street south to 8th Street
Between Swinton Avenue and Federal Highway
All other applicants will be placed on a waiting list.
PROPOSED ELIGIBILITY CRITERIA
A total household income for a family that is $1 or more over the
CDBG eligibility guidelines as follows:
*Household Size Annual Income
1 Person 14,001 to 22,400
2 Person 16,001 to 25,600
3 Person 18,001 to 28,800
4 Person 20,001 to 32,000
5 Person 21,601 to 34,000
6 Person 23,201 to 36,000
7 Person 24,801 to 38,050
8 Person 26,401 to 40,000
*Based on $40,000 median income for household of 4 persons
Households between 50 and 80 percent of the median income could
be eligible for full grants or matched assistance, based upon
their ability to pay. Specific eligibility crlteria will be
established for this income bracket.
Households above 80 percent of the median income guidelines and
up to the median will be eligible for matching funds up to $2,500
to assist in improvements to their units.
-33-
Households over median wlll be encouraged to qualify for bank
loans.
Senior Citlzens or Disabled Persons will be given priority.
FY90-91 BUDGET
5100,000 has been recommended for the 1990-91 budget.
-34-
CITY OF DELRAY BEACH
INFILL HOUSING PROGRAM
-35-
I
NEIGHBORHOODS TASK TEAM
INFILL HOUSING PROGRAM RECOMMENDATIONS
The following are recommendations made by the Neighborhoods
Task Team in relationship to the Infill Housing Program:
l. The NTT recommends that $60,000 be expended durlng
fiscal year 1990-91 for infill housing program activities.
2. The Task Team recommends that within the RIA zoning
districts, where inf~ll housing will occur, a lot with 50 feet
frontage is buildable and considered suitable and decent for
affordable housing. All other setback requirements must be met.
3. NTT supports the marketing and promotion of infill
houslng for moderate and above income households.
4. The NTT supports the waiver of permit and other fees
within the City Commission's purview as an incentive for private
participatlon in affordable housing efforts.
5. The NTT recommends the creation of a fund for the
payment of impact fees to promote and encourage participation in
affordable housing.
6. The Neighborhoods Task Team recommends that Infill
Housing shall be a priority consideration in those areas (Most
predominantly southwest and Northwest Delray) where the majority
of the vacant land occurs and due to the nature of the new
housing construction activity, will remain as a top priority in
these neighborhoods until the vacant land has been adequately
placed back on the tax rolls and the area has been stabilized.
7. The Task Team recommends that the city consider
developing a program for the buydown of interest to a lower
interest rate for low income family borrowers.
8. The Task Team recommends that unsecured and zero percent
interest rate loans be made available for all homeownership and
rehabilitation programs.
9. The Task Team has recommended that a garden project
similar to the program in Boynton Beach be considered for use on
the vacant lots, in addition to the Infill Housing Program.
10. The Task Team recommends the sponsorship of a design
competition which would eliminate normal cost of design for
affordable units. Staff and Jim Johnson will organize and execute
the activities for such a competition.
-36-
11. The NTT recommended that a lease/purchase option
program be considered to assist families (persons) who are
otherwise unable to qualify for homeownership throuç¡h
participating banks. staff must first examine the options for
such a program, 1. e." supervision of the program and management of
the premises if such a program is instituted. Assistance from
the City Attorney will be required.
12. The NTT recommended that staff consider a "sweat
equity" portion of the Infill Housing Program to assist
homeowners in lowering the total cost of their unit. Staff will
develop criteria and supervision of such a program.
-37-
I
CITY OF DELRAY BEACH
INFILL HOUSING PROGRAM DESCRIPTION
Purpose
With the adoption of the 1990 Comprehensive plan, The City
Commission through Goal Area B of the Housing Element mandated
the establishment of a "Rehabilitation strategy" to be composed
of programs and activities aimed toward stabilizing and
revitalizing areas of the City designated as
"Rehabilitation/Revitalization" areas. Identified as an element
of the "strategy" is a program to redevelop deteriorating
neighborhoods through an infill housing approach. The Infi11
Housing Program as described below will serve as that component
of the Rehabilitation Strategy.
Proqram Concept and Desiqn
The Infill Housing Program shall be consistent with the
policies and procedures mandated by the Housing Element of the
Comprehensive Plan, specifically Goal Area B, Policy B- 2.3 ( f .
The goals of this program are threefold:
( 1 ) to provide decent housing opportunities at
affordable costs for eXisting residents who are of
moderate income level;
( 2 ) to stabilize and preserve neighborhoods through
redevelopment, eliminating blight;
( 3 ) to create an atmosphere for a mix of income levels
within areas with physical conditions which
designate them as stabilization/revitalization
areas on the residential categorization map. This
program is intended to be quite specific in some
areas, yet flexible enough in other areas to allow
for modifications when necessary to facilitate
accomplishing overall goals.
Land Inventorv
An inventory of eXisting vacant parcels within the
revitalization/rehabilitation areas shall be completed by the
Neighborhood Housing Specialist. The inventory should identify
vacant parcels which would meet the minimum and maximum standards
for the designated zoning district, ownership, legal descriptions
and proposed costs of any available sights. A map will be
created to easily locate available parcels and identify each
parcel's ownership.
-38-
Developer/Contractor Participation
The City will sponsor a design competitlon to select 3 or 4
sets of specifications and floor plans for affordable units.
These plans and specifications will be designed for 3 and 4
bedroom/2 bath units, created with building materials of the
best, yet affordable, quality. with the assistance of a members
of the Neighborhoods Task Team, staff and other qualified judges,
plans and specifications will be selected based upon established
criteria and gUidelines to be developed specifically for the
competition. A pool of pre-qualified contractors/builders that
have bid on these plans and specifications, will be available for
the homebuyers selection.
Selected contractors/developers will be judged by a
selection team composed of Neighborhoods Task Team members, City
of Delray Beach staff and other qualified judges. The criteria
for selecting developers/builders shall include:
l. Quality of product offered;
2. Cost of product per square foot;
3. Construction experience and track record;
4. Financial capability of developer/contractor, i.e.
credit history, ability to obtain construction
financing;
5 . Track record for ability to produce a structure in
a timely manner;
6 . Ability of offer a product which meets applicable
code requirements.
Proposals which provide for mixed residential housing types (zero
lot-line, multiple-family, conventional single family
housing) will be encouraged. Single units on single lots are
acceptable for this program.
Subject to approval by the City Commission on a project by
project basis, the following items shall be considered as
incentives provided by the city of Delray Beach to developing
vacant lots at affordable costs:
1. Waiver of Permit Fees
2. Payment of Utility Connection Fees
3. Installation of infrastructure
4. Materials and installation of landscaping
-39-
I
1< 5. City Acquisition of suitable land
1< (Priority for construction will be glven to vacant
properties owned by quallfiable residents desirlng to
replace single "famlly units. Basic acquisitlon
procedures shall be utlllzed in acquir¡ng property,
adhering to all applicable Federal, State and Local
regulations governing such acquisition. Displacement is
not anticipated since this program will concentrate on
the substantial vacant parcels of land already existing
in the Revitalizatlon/Rehabilitation areas. However,
should there occur situatlons where occupied real
properties are subject to acquisition for the purposes
of this program, the City shall adhere to all applicable
policies regarding displacement.
A formal agreement which protects the city's investment and
assures the affordability of the product shall be developed and
executed between the developer/builder and the City of Delray
Beach.
Financial Institutions Participation
Formal agreements between banking institutions and the City
will be required. Willingness on the part of Banks to offer
affordable mortgage plans both to developers and potential
homebuyers is essential to the success of this program. In order
to reduce the cost of the product, City staff will be trained to
"pre-qualify" potential homebuyers, and when necessary, assist
small builders in obtaining construction financing.
As a part of the qualifying process, sweat equity will be
considered as part of the buyers contribution to the total cost.
Criteria and supervision of such a program will be developed by
staff.
A lease/purchase option program shall be considered to
assist families (persons) who are otherwise unable to qualify for
homeownership through participating banks. staff must first
examine the options for such a program, i. e. supervision of the
program and managment of the premises if such a program is
instituted. Assistance from the City Attorney will be required.
BUDGET
$60,000 has been recommended by the Neighborhoods Task Team
for the 1990-91 fiscal year.
-40-
APPENDIX
-41-
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~~.2-~~, &-i7I, I
CITY OF DELRAY BEACH NEIGHBORHOODS ASSESSED BY
l 'î.kAlI.;~(n~. ,... THE NEIGHBORHOODS TASt< TEAM
-42-
NEIGHBORHOODS ASSESSED BY THE NEIGHBORHOODS TASK TEAM
DESCRIPTION OF NEIGHBORHOOD BOUNDARIES
Listed below are the area boundaries and categorization for each
area as depicted on the attached map:
l. Southwest 1st Street south to lOth street
Between lOth Avenue and swinton Avenue
REVITALIZATION/REHABILITATION
2. Atlantic High School Area -
Gulfstream south to 22nd street
Between Seacrest and Dixie Highway
STABILIZATION/REVITALIZATION
3. 22nd Street south to 8th Street
Between Swinton Avenue and Federal Highway
STABILIZATION REVITALIZATION
4. Northwest - Lake Ida Road to Atlantic Avenue
Between I-95 and Swinton Avenue
REVITALIZATION/REHABILITATION
5. Atlantic Avenue Corridor
REDEVELOPMENT
6. Southwest lOth Street to Linton Boulevard
Between I-95 and Germantown Road
REDEVELOPMENT
7. Southeast Atlantic Avenue south to lOth Street
Between FEC railroad tracks and Federal Highway
REDEVELOPMENT
8. Allen Avenue south to 8th Street
Between Federal Highway and the Intracoastal
STABILIZATION/REVITALIZATION
9. Northeast 8th Street south to Northeast 2nd Street
Between Northeast 7th Avenue and the Intracoastal
STABILIZATION/REVITALIZATION
10. Silver Terrace
Southeast 10th Street south to Delray Mall
Between Dixie Highway and Federal Highway
REVITALIZATION/REHABILITATION
-43-
I
11. southeast 10th street south to Linton Boulevard
Between Southeast 4th and Swinton Avenue
REVITALIZATION/REHABILITATION
12. Rainbow Homes
West of Congress Avenue
Between Lowson and Linton Boulevards
STABILIZATION
13. Breezy Ridge Estates
Davis Road
STABILIZATION
14. Delray Shores
STABILIZATION
15. Del Ida
4th Street north to 8th Street
Between Swinton Avenue and the FEC Railroad Tracks
STABILIZATION/REVITALIZATION
16. Lamat Avenue
Avenue F south to Avenue H
Between Federal Highway and Florida Boulevard
REDEVELOPMENT
17. Atlantic Avenue south to Southeast 10th Street
Between Federal Highway and the Intracoastal
STABILIZATION
-44-
'''I
NEIGHBORHOODS TASIt TEAM
Jean Beer
945 Tropic Blvd
Delray Beach, FI 33483
272-4231
Planning and Zoning Board
Veronica Bowleg
760 s.w. 10th Ave Apt. L5
Delray Beach, FL 33444
243-8218
Area 1
Lillie Harris (Alternate)
1161 s.w. 7th Ct Apt. 524
Delray Beach, FL 33444
Area 1
June Carr
110 Wilson Avenue
Delray Beach, FL 33483
272-7023
Area 10
J. Pierre-Paul Cadet
702 W. Atlantic Ave
Delray Beach, FI 33444
276-3000
Haitian Chamber of Commerce
Eather Mae Collins
519 S.W. 6th St
Delray Beach, FL 33444
278-2887
Area 4
Deborah Dowd
7 N.E. 16th Court
Delray Beach, FL 33483
Area 3
276-3991
Wanda Gadson
305 S.W. 9th St.
Delray Beach, Fl 33444
Area 1
265-3318
William Harris
331 N.E. 8th Ave
Delray Beach, FI 33444
278-4952
Area 9 1/31/91
-45-
---"-
I
Neighborhood Task Team
Page 2
Deanna Hartman
2475 Sundy Ave
De1ray Beach, FL 33444
272-0786
Area 11
Cecil A. (Sandy) Jamison
515 North SWinton Ave
De1ray Beach, FL 33444
272-7726
Area 15
Jim Johnson
Architect
310 S.E. 1st Street
De1ray Beach, FL 33483
243-1715
Mayor Lynch
Frank McKinny
248 N.E. 1 St Ave
Delray Beach, FL 33444
274-9696
Area G
Bankers Row
Joann Peart
107 N.W. 9th Street
Delray Beach, FL 33444
276-8968
Timothy Riqqs
4822 Lincoln Road
Delray Beach, FL 33445
Area N
Country Manor
Rosetta Rolle
Delray Beach Housinq Authority
301 N. W. 3RD Ave
Delray Beach, FL 33444
276-7680
Dick Shermeta
Chamber of Commerce
101 S. E. 6th Ave
Delray Beach, 33483
276-7300 1/31/91
-46-
Neighborhood Task Team
Page 3
Frank Spence
Executive Director
Community Redevelopment Agency
1 S.E. 4th Ave Suite 204
Delray Beach, FL 33483
276-8640
Lynn Stokes
1220 Southways
Delray Beach, FL 33483
278-7724
Housing Element - Task Force President
Dorothy Sutton
101 N. W. 9th Ave
Delray Beach, FL 33444
Work 338-4947
Home 276-4525
Area 4
Elijah Weatherspoon
President
WAPOA
209 S.W. 2nd Street
Delray Beach, FL 33444
278-4240
Steve Wexel
2710 Florida Blvd.
Delray Beach, FL 33483
272-2710
Area 16
W. Gene White
801 S. E. 3rd Ave
Osceola Park
Alice Williams
3889 Dolphin Drive
Delray Beach, FI
276-7904
Delray Shores 1/31/91
-47-
I
NEIGHBORHOOD TASK TEAM
ATTENDANCE
8/30 9/6 9/13 9/20 9/27 10/4 10/11
Jean Beer N/A N/A N/A P P P P
Veronica Bowleg A P P P A A ?
Lillie Harris A P A A A A A
June Carr P P P P P P P
J. Pierre-Paul Cadet N/A N/A N/A P P P P
Eather Mae Collins P A P P P P P
Deborah Dowd P P P P P P P
Wanda Gadson P P P P P P P
William Harris N/A N/A P P P P P
Deanne Hartman P p P l' p P P
Sandy Jamison P p P P P P P
Jim Johnson P p P A P P P
Frank McKinny P P P P P P P
Joann Peart p A P A P P P
Timothy Riggs P A A A A A A
Rosetta Rolle P A p- P A P A
Dick Sheremeta P P P P P A P
Frank Spence P p A P A P P
Dorothy Sutton P A P P P A P
Elijah Weatherspoon P P P P A P P
Steve Wexel P A P P P P A
Gene White N/A N/A P P A A A
Alice Williams A A A A P A A
-
.
NEIGHBORHOOD TASK TEAM
--
ATTENDANCB
10/25 11/1 11/8 11/15 11/29 12/6 12/13
Jean Beer P P A P A P P
Veronica Bowleg P A P P P A P
Lillie Harris N/A N/A N/A N/A N/A N/A N/A
June Carr P P P P P P A
J. Pierre-Paul Cadet P P P A A P P
Eather Mae Collins P P P P P P P
Deborah Dowd A P P A P P P
Wanda Gadson P P P P P P P
William Harris P A P P P P A
Deanne Hartman P A P .p A P P
Sandy Jamison P P P P P P P
Jim Johnson P P P P P P P
Frank McKinny P P P P P P P
Joann Peart P P P P P P P
Timothy Riggs A A A A A A A
Rosetta Rolle P - A P P P ALT A
Dick Sheremeta P A P P A A P
Frank Spence P P P P P P P
Dorothy Sutton A P A P A A A
-
Elijah Weatherspoon P P P P P P P
Steve Wexel A A P P P A P
Gene White A A A A A A A
Alice Williams P P A A A A A
-
.
I
.
NEIGHBORHOOD TASK TEAM
--
ATTENDANCB
1/3 1/10 1/17 1/24 1/31
Jean Beer P P A P A
Veronica Bowleg P P P P P
Lillie Harris N/A N/A N/A N/A N/A
June Carr P A P P P
J. Pierre-Paul Cadet A P P P A
Eather Mae Collins P P A P P
Deborah Dowd P P P P P
Wanda Gadson P P P P P
William Harris P P P A P
Deanne Hartman A P P P P
Sandy Jamison P P P A P
Jim Johnson P P P A P
Frank McKinny P P P P P
Joann Peart A P P P P
Timothy Riggs A A A A A
Rosetta Rolle P P A P P
Dick Sheremeta P p A P P
Frank Spence P P P P P
Dorothy Sutton A P A P P
Elijah Weatherspoon P A P P P
Steve Wexel P A A P P
Gene White A A A A A
Alice Williams A A A A A
_.....~~ -
,
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER,lfJv1
SUBJECT: AGENDA ITEM # 'ß c.., - MEETING OF MARCH 13, 1991
ACCEPTANCE OF RIGHT-OF-WAY DEED - 102 NORTH SWINTON
AVENUE
DATE: MARCH 7, 1991
At the August 20, 1990, meeting, the Planning and Zoning Board
determined that additional right-of-way would be required as part
of the site plan review and approval for the Weiner Office
Building located at 102 North Swinton Avenue. The subject
property is located at a signalized intersection and, therefore,
a safe corner dedication is required with the redevelopment of
the site. The right-of-way taking is in compliance with Palm
Beach County policy.
Recommend acceptance of the deed for additional right-of-way at
102 North Swinton Avenue.
(i,~¡ø!ljßZ -& 0/él0
I
,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARDY, CITY CLERK
(J ~ \~ ~Oep{
FROM: DA ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 13, 1991
RIGHT~OF-WAY DEED, 102 N. SWINTON AVE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
acceptance of the right-of-way deed.
BACKGROUND:
This right-of-way is required as a condition of approval of
the site plan for the Weiner Office Building as determined
by the Planning and Zoning Board on August 20, 1990. As
this property is located at a signalized intersection a safe
corner dedication is required with the redevelopment of this
site. The right-of-way taking is in compliance with the
Palm Beach County policy per their Intersection Standards.
The deed and associated documentation is properly prepared
and has been reviewed by the City Attorney.
The deed is now ready for City Commission action.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not reviewed this deed as:
this was an item to be provided by the developer as a
condition of certificate of occupancy no action is necessary
by the Board.
,
City Commission Documentation
Right of Way Deed, 102 N. Swinton Ave.
Page 2
RECOMMENDED ACTION:
By motion, agg~~~~of the deed for the additional right-of'-
way at 102 N. Swinton Ave.
Attachment:
* Reduction copy of the portion of right of way to be
deeded
ked/#6weinercc.txt
'" ,
õI:;
SURVEY NOTES ~
:::!
,..
1. Reproductions of this sketch are not valid unless sealed
with an embossed surveyor's seal.
2. No Title Opinions or Abstract to the subject property has
been provided. It is possible that there are Deeds, En"..m/'l1t".
or other Instruments (recorded or unrecorded) which may affect
the subject property. No search of the Public Records has
~ ~ been made by thia office.
z 3. The Land Description hereon is based on the Instrument of
~ ~ ~ ~ ~ Record.
z ~ ~ z z \1 4. No underground foundstions'located.
N ~E 5. Elevations shown hereon are based on the National Geodetic
~ ~ > ~ ~ > Verticsl Datum of 1929.
~ <f <f ~ <f <f 6. Benchmark Description: "X" cut in walk S.E. corner
Swinton & N.E. 2nd Street Elevation - 20.77
7. Flood Zone - C
8. Bearings of "LESS" Parcel shown hereon are assumed with the
South boundary of Lot 16. having a bearing of WEST.
~------n I
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DESCRIPTION ~~-~
..,~..
Parcel I:. The South 27.25 feet of Lot 15 and the north 21.50 feet of Lot 16. Block 59 and Parcel II: The south 55.00
feet of Lot 16, Block 59, TOWN OF DELRAY BEACH. ac~ording to the plat thereof. as recorded in Plat Book 1. Page 3 of the
Public Records of Palm Beach County. Florida.
LESS
A portion of Lot 16. Block 59, TOWN ON DELRAY BEACH, according to the plat thereof, as recorded in Plat Book I, Page 3
of the Public Records of Falm Beach County, Florida, more particularly described as follows:
BEGIN at the southeast corner of said Lot 16; thence WEST, along the south boundary of said Lot. 25.00 feet; thence N
44°34'12" E. 35.09 feet to a point on the east boundary of said Lot; thence S 00'51'36" E, along said east boundary,
25.00 feet to the POINT OF BEGINNING.
CERTIFICATION
1 hereby certify to BOCA BANK; DELRAY NEW WAVE, a general partnership; SEACREST TITLE COMPANY. INC.; FIRST AMERICAN
TITLE INSURANCE COMPANY that the attached Boundary Survey of the hereon described property 1s true and correct to the
best of my knowledge and belief as surveyed in the field under my direction in March, 1990. I further certify that this
survey meets the Minimum Technical Standards set forth by the Florida Board of Prof~ssional Land Surveyors io Chapter
21HH-6. Florida Administrative Code. pursuant to Section 472.027. Florida Statutes. There are no above ground encroQc~-
ments other than those shown hereon. subject to the qualifications noted hereon. ~~., ~ r
G~. ~,...! --_
Michael D. Avirom, r. .E.
Florida Registration Mo. 3268
AVIROM-HALL & ASSOCIATES. INC.
L.B. No. 3300
REVIBIONS LOT It; 8r 5.27.25' OF LOT 15 BLOC.K 59 DATE
______ t 11.'TI""'\~;. '....""'.,LI "".- ............ ...-.aA..." - ----
,
De-I' q ì /lot
PARTIAL RELEASE OF MORTGAGE 10 ~lIlq,
This Indenture is made as of February ~, 1991 by and
between Delray New Wave, a general partnership, the address of
which is 1177 N.E. 8th Street, Suite 407, Delray Beach, FL
33483, ("Mortgagor" ) and Boca Bank, a state banking corporation,
which is authorized to transact business in the State of Florida,
( "Mortgagee" ) .
WIT N E SSE T H:
Whereas, Mortgagee is the owner and holder of a Mortgage and
security Agreement dated June 1, 1990 and recorded of record on
June 8, 1990 in Official Records Book 6480, Page 192 of the
Public Records of Palm Beach County, Florida, (the "Mortgage")
executed by Mortgagor and encumbering certain lands and tenements
legally described as: See EXHIBIT "A" attached hereto (the
"Premises") .
Whereas, Mortgagor has agreed to convey to the City of
Delray Beach, County of Palm Beach, Florida, by way of a certain
Right-of-Way Deed the property lègally described in EXHIBIT "B"
attached hereto, which said property is part of the Premises
encumbered by the Mortgage; and
Whereas, Mortgagee, at the request of Mortgagor, has agreed
to give up and surrender the lands hereinafter described in
EXHIBIT "B" to Mortgagor in order that Mortgagor may convey the
same by way of said Right-of-way Deed to said City of Delray
Beach, County of Palm Beach, Florida.
Now, Therefore, Know All Men By These Presents, that
Mortgagee, in pursuance of the above-mentioned agreements, and in
consideration of the sum of Ten Dollars ($10.00) paid to it by
Mortgagor, does hereby grant, release and quit claim to Mortgagor
all that part of the Premises encumbered by the Mortgage
described in EXHIBIT "B" attached hereto and made a part hereof.
Together with all the hereditaments and appurtenances
thereunto belonging, and all the rights, title, and interest of
Mortgagee of, in, and to the same, to the extent that tne lands
-1-
,
hereby released may be discharged from said Mortgage and that the
remainder of the lands specified in said Mortgage may remain
mortgaged and encumbered to the Mortgagee.
IN WITNESS WHEREOF, Mortgagee, has caused this Indenture to
be executed as of the date above first written.
BOCA BANK
I "
L~· ~,-, /
I \ IJ ~ \ J ko\. ''''I P By: '
( v - r·
Witness
'~" ;'.. '\' Its: I I
, ./'1.,(,..1;, I'\YU 1'.1-"---
Witness MORTGAGEE
STATE OF FLORIDA )
)SS:
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this
, ~. ... - / \
" ·11 day of \..\. 1991 by \, ".
\ .' t \ j \ .
of Boca Bank, a Florida banking corporation, on behalf of the
corporation.
\
i --- t' ¡ "
\1 ..- I " '. \ .' 'I III
I, \, \.!',
t~_ \ "- '---~ ~~ .
Notary Public
My Commission Expires: rr lIo,.ry?ub\id,.,.ofnorida
M (","",~~:....;J1 t:o¡n~ Od. 21. ;';92
y 'ò~::,~:~-~b'~' ~,~) 'fo,",' ¡",...",,,,. In,_
-2-
I
EXHIBIT "A"
PARCEL I
The South 27.25 feet of Lot 15 and the North 21.50 feet of Lot
16, Block 59, TOWN OF DELRAY BEACH, according to the Plat thereof
on file in the Office of the Clerk of the Circuit Court in and
for Palm Beach county, Florida, recorded in Plat Book 1, Page 3.
PARCEL II
The South 55.00 feet of Lot 16, Block 59, TOWN OF DELRAY BEACH,
according to the Plat thereof on file in the Office of the Clerk
of the Circuit Court in and for Palm Beach County, Florida,
recorded in Plat Book 1, page 3.
,
EXHIBIT "B"
A portion of Lot 16, Block 59, Town of Delray Beach, according to
the Plat thereof as recorded in Plat Book 1, page 3 of the Public
Records of Palm Beach County, Florida, more particularly
described as follows:
Begin at the S.E. corner of said Lot 16; thence west, along the
south boundary of said Lot, 25.00 feet; thence N 44°34112"E,
35.09 feet to a point on the east boundary of said Lot; thence S
00051'36''E, along said east boundary, 25.00 feet to the point of
beginning.
,
RIGHT-OF-WAY DEED
THIS INDENTURE made this //; 'fh- day of December ,
19~, between Delray New Wave, a general partnership
as part Y of the first part and the CITY OF DEL RAY BEACH, COUNTY OF
PALM BEACH, FLORIDA, as party of the second part.
WIT N E SSE T H:
That said part Y of the first part, for and in consideration of
the sum of One Dollar ($TI1Y) and other valuable considerations paid, receipt
of which is hereby acknowledged, do es hereby grant, remise, release, quit
claim and convey unto the party orthe second part, its successors and
assigns, all right, title, interest, claim and demand which the part-Ï,-... of the
first part ha s in and to the following-described land, situate, lymg and
being in the County of Palm Beach, State of Florida, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO.
THIS DEED is made for the purpose of gwmg and granting to the
party of the second part, its successors and assigns, a right-of-way and
easement in and to said lands for public highway or street purposes; and is
made, executed and delivered with the express understanding and condition
that should the same ever be discontinued or abandoned as a public highway
or street, the title to same shall thereupon revert to and revest in the
parÌÏ-- of the first part or assigns.
That this right-of-way shall be subject only to those easements,
restrictions, and reservations of record. That the parties of the first part
agree to provide for the release of any and all mortgages or liens encumber-
ing this right-of-way. The party of the first part also agree to erect no
building or effect any other kindõ1 construction or improvements upon the
above-described property.
Part y of the first part do e s hereby fully warrant the title to
said land andWID defend the same agãíñst the lawful claims of all persons
whomsoever claimed by, through or under it, that it has good right and
lawful authority to grant the above-described right-of-way and that the same
is unencumbered. Where the context of this Right-of-Way Deed allows or
permits, the same shall include the successors or assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and singular
the appurtenances thereto belonging or in anywise incident or appertaining,
and all the estate, right. title, interest, and claim whatsoever of the said
part¡jff:- of the first part, in law or in equity to the only proper use,
bene It, and behoof of the said party of the second part, its successors and
assigns.
Pá~ê t or 2
,
·
IN WITNESS WHEREOF. said part y of the first part ha s
hereunto set its hand and seal the date first above written.
- -
delivered
(SEAL)
/'
~
COUNTY
BEFORE M;~ appeared and
~~_ to me the
and--........~ described in and
who executed the foregoing instrume . n ac now e ge before me that they
executed the same for the purpos thereÙì~ressed.
'------..
WITNESS seal this d'ãy~ .
19_ - ---~
Notary Public ---........
My Commission Expires:
STATE OF FLORIDA !
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this
~ day of December, 1990, by Michael So Weiner, general
partner of Delray New Wave, a general partnership.
fd-,:~I:~r;/Úl<J
My Commi"ioo Expir.., .
NOTARY Fa", 'C. STATE OF FLORIDA.
MY CQ.t,,~ !.:.::;(,tf ~,(PI~:::~: P,:).~. 20. 1914,
.OU;;¡tl~ T"r1.U 1'0-..1"1 Pt':"L'C (J,·õ.;¡:,:;n\"JI"iITE,""';
Page 2 of 2
,
. '
EXHIBIT" A"
A portion of Lot 16, Block 59, Town of Delray Beach, according to
the Plat thereof as recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach county, Florida, more particularly
described aa follows:
Begin at the S.E. corner of said Lot 16; thence west, along the
south boundary of said Lot, 25.00 feet; thence N 44°34'12"E,
35.09 feet to a point on the east boundary of said Lot; thence S
00051'36''E, along said east boundary, 25.00 feet to the point of
beginning.
I
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfI¡v1
SUBJECT: AGENDA ITEM # ßÏ) - MEETING OF MARCH 13, 1991
REQUEST FOR FINAL PLAT-SOUTHWERK AT THE TABARD
DATE: March 7, 1991
We have received a request for final plat approval for the replat of
Lots 13 and 14, Block 58, Metcalf's Subdivision, located on the
northeast corner of N.W. 1st Avenue and N.W. 2nd Street (Southwerks at
the Tabard).
At your February 26th meeting the Commission moved to accommodate the
creation of non-conforming lots and to defer the required sidewalk
improvements, thus it is now appropriate for action to be taken on the
replat request. It should be noted that execution of the plat will be
deferred pending an agreement on the method of payment for the future
installation of the sidewalks.
Recommend approval of final plat for the replat of Lots 13 and 14,
Block 58, Metcalf's Subdivision, located on the northeast corner of
N.W. 1st Avenue and N.W. 2nd Street (Southwerks at the Tabard).
~
C I T Y COM MIS S ION DOCUMENTATION
TO: ALISON MACGREGOR-HARDY, CITY CLERK
~~.~JAJ
VIA: DAVID J. K VACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: KATHLEEN E. DEARDEN
PLANNER II
SUBJECT: MEETING OF MARCH 13, 1991
FINAL PLAT, SOUTHWERK AT THE TABARD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a final plat.
BACKGROUND:
This action is a replat for two lots and associated right of
way dedication. Two lots presently exist and front on N.W.
1st Ave. The proposed lots will face N.W. 2nd Ave. aka
Martin Luther King Blvd.
This subject was before the City Commission in regards to
the creation of non-conforming lots on February 26th, 1991-
At that time there was a consensus to accommodate the replat
and to defer the sidewalk improvements.
The plat is properly prepared. It creates two lots with an
area of 6171.10 square feet and 6423.60 square feet
respectively. A five foot dedication of right of way is
provided along N.W. 1st Avenue, a five foot right of way
dedication is provided along N.W. 2nd Street and a 2.5 foot
alley dedication is provided. The resulting right of way
along N.W. 1st Avenue does not comply with minimum
requirements (60'), but there is a staff recommendation to
accomodate the lesser right of way.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not reviewed this plat as
under the LDR's a replat goes directly to the Commission for
action.
..
City Commission Documentation
Final Plat, Southwerk at the Tabard
Page 2
RECOMMENDED ACTION:
By motion, approval of the replat for The Southwerk at the
Tabard with a finding that the creation of the resulting
non-conforming lots is appropriate pursuant to LDR Section
4.3.1(D) and appropriate arrangements be made to assure
funding and/or construction of sidewalks in the adjacent
right of way upon demand by the City.
Attachment:
* Reduction copy of the plat
ked/#6swerkcc.
..
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·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER{fÞ1
SUBJECT: AGENDA ITEM # 'ð £, - MEETING OF MARCH 13, 1991
REQUEST FOR USE OF STAGE AND WAIVER OF RENTAL FEE
DATE: MARCH 7, 1991
We have received a request from Boynton Beach for use of the
City's 16 ft. x 20 ft. portable stage unit and waiver of the
$525.00 stage rental fee. The stage will be used for
entertainment scheduled for the annual Great American Love Affair
(G.A.L.A. ) to be held in Boynton Beach on March 22-24, 1991. The
City of Boynton Beach will insure and indemnify us against all
claims arising as a result of using the stage. Approval of this
request is consistent with previous Commission action.
Recommend approval of request from Boynton Beach to use the
Ci ty' s 16' x2 0' portable stage and waive the $525.00 rental fee.
,
,
Agenda Item No.:
AGENDA REQUEST
Date: 2/22/91
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
Consent
When: ;3/"9r 3 --j:3 -q I
Description of agenda item (who, what, where, how much): Request for the
Cit of Bo nton Beach Recreation and Park Department to use the City of Delray Beach's
16' X 20" portable stage unit for their annual G.A.L.A. Great American Love Affair
March 22-24. 1991 and waive the rental fee of $525.00. The City of Boynton Beach will
insure City of Delray Beach a~ainst any damages and indemnify Delray against any liability.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval for City of Boynton Beach to use the stage,
provide insurance and waive the stage rental fee.
Department Head Signature: )
Determination of Consistency h Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: 8/ NO ¿97J1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
~nJ:;t* 1 Otli Ýlnniv~J''''"';-' (l1~~~ ¡ '~e{,,'!1-:Aa-t-ky,t I
t/ ð .'/ :";.""!J l..,. IV,¡/ V 6 ø" 1.
G.A.L.A.
Great American LOR Affair
February 20. 1991 It~CË1VËO F'E'B 2 1 1991
Joe Weldon, Director
Delray Beach Recreation & Park Dept.
50 Northwest 1st Avenue
Delray Beach. FL 33444
Dear Joe,
As per our phone conversation. the City of Boynton Beach Recreation & Park Department
would like to request the use of the City of Delray's 12'x 20' portable stage unit
for our Annual G.A.L.A. (Great American Love Affair). March 22 - 24. 1991. The stage
will be used for entertainment at our event.
We would like your crew to deliver the stage on Thursday, March 21. to the Boynton
Civic Center. 128 East Ocean Avenue and Seacrest Boulevard. We will be responsible
for further movement and set-up of the stage.
The City of Boynton Beach crew will return the stage on Monday, March 25. to the
location you designate.
The City of Boynton will insure The City of Delray Beach against any damages to the
stage and indemnify Delray against any liability resulting from its use. When the
insurance papers are drawn up. I will forward them to you.
Thank you for your consideration. If you have any further questions. please phone
me at 738-7444.
Sincerely.
CITY OF BOYNTON BEACH
__~CREAT,ION & PARK DEPAR~1
E I. VAL NTINI, SUPER SOR III
COMMUNITY PROMOTIONS/SPECIAL EVENTS & PROGRAMS
1991 BOYNTON G.A.L.A. CHAIRPERSON-PUBLIC RELATIONS
DIV/gh
cc: Charles Frederick, Director of Recreation & Park
P.O. BOX 232 · BOYNTON BEACH, FL 33425-0232 · 407-738-7444
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~
SUBJECT: AGENDA ITEM # ~ P - MEETING OF MARCH 13, 1991
TEMPORARY TENT PERMIT (LINTON SQUARE)
DATE: MARCH 7, 1991
We have received a request from Linton Square, located at the
northeast corner of Linton Boulevard and Congress Avenue, for
approval to erect a tent on March 14, 1991, for the purpose of
holding a promotional event. The tent will be located in the
grass area of the parking lot on North Congress Avenue. The
necessary permits have been applied for and approved.
Recommend approval of the request from Linton Square to erect a
temporary tent on the property for a promotion on March 14, 1991.
I
-
, Agenda Item No.:
AGENDA REQUEST
Date: 3/6/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 3/13/91
Description of agenda item (who, what where how much):
Tent approval for Linton Square Promotion on March 14, \991
Located at the NE corneer of Linton ßlvd and Congress Avenue
ORDINANCE/ RESOLUTION REQUIRED: Draft Attached: YES/NO
Recommendation: approval
Department Head Signature: ~~ß ~
t ..
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all ite.s involving expenditure
of funds) :
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: &)1 NO [Jì-vI
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
· .
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA C. BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~
SUBJECT: TENT APPROVAL FOR LINTON SQUARE PROMOTION ON
MARCH 14, 1991- -
DATE: MARCH 6, 1991
BACKGROUND
The Owner and Management of Linton Square, which is located at
the northeast corner of Linton Blvd and Congress Avenue, are
requesting approval to erect a tent on March 14, 1991 for the
purpose of holding a promotion for Linton Square. The tent will
be located in the grass area of the parking lot on North Congress
Avenue. The Commission approved a tent for this location last
month for a Valentine's Day concert.
In accordance with Sec. 150.102 of the Code of Ordinances, with
Commission approval, this is permitted since the purpose of tent
is to protect the public from the elements during public
assembly. The necessary permits and requirements have been
applied for and approved.
RECOMMENDATION
The Department of Community Improvement recommends approval for
the erection of a tent for March 14, 1991, which will be located
in the grass area of the parking lot at Linton Square for
promotional purposes.
LB:DQ
cc: Permit #91-9715
D/9
Tent2.LS
" .
=- ~=
~ ~-~
~-_.- -_..-,.-
~._--_._.__.__..- ~
-- -
- -
=~; CJ/ -97 /S~
----
~-::::~ SHOPPING CENTER DEVELOPMENT, LEASING & MANAGEMENT
DONALD E. CAMPBELL MANAGEMENT COMPANY
1801 N, Pine Island Road
Suite 102
Plantation, Florida 33322
(3051473-1063
February 20, 1991
City of Delray Beach
100 N.W 1 st Avenue
Delray Beach, FLorida 33344
TO Wh~m It May Concern,
Please be advised that Donald E. Campbell Management Company, as agents
for the State of Wisconsin Investment Board grants permission to have a tent installed
on the outparcel at Linton Square, for a promotion on March 14, 1991.
If you have any further questions reguarding tl,is promotion please contact
me at (305) 473-0163.
..
Sincerely,
DONALD E. CAMPBELL MANAGEMENT COMPANY
, .~~
~ !
,-.-ß-(
Lee D. Sterling
Property Manager
Linton Square
LDS/kls
cc: Linda Grysco
4< MEMBER'INTERNATIONAl COUNCil OF SHOPPING CENTERS
· "
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtr¡u!
SUBJECT: AGENDA ITEM # 1~ - MEETING OF MARCH 13, 1991
TEMPORARY TENT PERMIT (DEL RAY MALL)
DATE: MARCH 7, 1991
We have received a request from the Delray Mall for approval to
erect a temporary tent on the out parcel of their property
located at the northwest corner of Linton Boulevard and Federal
Highway for the purpose of selling flowers and plants to promote
Floral Ac res. The tent will be put up on March 13, 1991, and
will be removed from the premises no later than April 15, 1991.
The necessary permits have been applied for and approved.
Recommend approval of the request from the Delray Mall to erect a
tent on the out parcel tract of their property from March 13th
through April 15, 1991, for promotional purposes.
.
, Agenda I tem No.:
AGENDA REQUEST
Date: 3/6/91
Request to be placed on:'
X
Regular Agenda Special Agenda Workshop Agenda
When: 3/13/91
Description of agenda item (who, what, wher~, ho~~~ch):
Tent approval for Floral Acres to erect a tent at the elray a out parcel
91 at the Northwest corner of Linton Blvd & Federal Hwy
owers
ORDINANCE/ RESOLUTION REQUIRED: YES6 Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~~/~-==-==-
( ...
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 ~i
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA C. BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~
SUBJECT: TENT APPROVAL FOR FLORAL ACRES TO BE LOCATED AT THE
DELRAY MALL FROM MARCH 13 = APRIL 15, 1991 - -
DATE: MARCH 6, 1991
BACKGROUND
The Owner and Management of the Delray Mall, which is located at
the northwest corner of Linton Blvd and Federal Highway, are
requesting approval to erect a tent from March 13 - April 15,
1991 for the purpose of selling flowers and plants to promote
Floral Acres, a business located at 6250 w. Atlantic Avenue. The
tent will be located in the out parcel tract at the Delray Mall.
In accordance with Sec. 150.102 of the Code of Ordinances, with
Commission approval, this is permitted since the purpose of tent
is to protect the public from the elements during public
as sembly. The necessary permits and requirements have been
applied for and approved.
RECOMMENDATION
The Department of Community Improvement recommends approval for
the erection of a tent from March 13 - April 15, 1991, which will
be located on the out parcel tract at the Delray Mall for
promotional purposes.
LB:DQ
D/9
Tent.DM
I
¿/
<-;:-
February 28, 1991
1'11<. P/tV/1) IWo/tV
C!./ N MA-¡Vfr'1~ ¡1.. ß.p 4 F (
e, k/ ø{ ()~ 7RA-¡ IH I ·
Dear City/County O££icial~
We have an agreement. vit.h Floral Acre-a, Inc. t.o hav.. a 't.ropical
plant aale promotion lilt our !} Iro 'I f3~Q rll AA- II .hopping
cent.er located at. 1645 S Federal Hi~hway , in
f1..IRA-l (10 ~ (1 ~ Fl. .
)
,
The promot.ion vill begin ¡JA R C L, IS- . 1991 and t.he last sale
dat.e will be A ~R I I It , 1991- The tent. will be put. up on
I
/11M {' ~ 13 , 1991 and at.ocke-d on ¡l'/M ( t-¡ /0{ , 1991-
Th. t.ent. will be removed £roM t.he pre.iaeø noiat.er t.han ~RII/~
'.
1991- These dates are £irm.
We vill be pleased to supply you vit.h all neeeseary 10r.. or per-
mits. Please advise vhat addit.ional permit.a may be required.
Sincerely,
SHOPPING CiiTER OWNER/MA~GER h
oµ- SI.5ld- /(fet<J/C /-101. /1.--5S,¡ ¡w (
.
. i .
I
¡ '. COR ? 0 R A 7 i D
A ñù$ACKfR COMPANY
"1
. SPEC~ALIZING IN TRfX>:I CAL PLANT TEl'fT PRurTu I IDUS
,
'~
-,
¡ Propert.y managers are Provided thut these and
constant.ly looking for ways to other factors can be satisfied,
" promote their properties, not. FLORI1L nCRES may be interested
only to at.tract. new tenant.s, in a plant promotion on your
~ but also t.o increase traffic property. Upon confirmation of
for exist.ing tenant.s. Tent.s your int.erest., FL OR,.1L HCRES ~
give impact. and at.tract. a lot wit.h your assistance, vill do
of attention. People passing all the "leg work" required to
I
ï by who may not ot.herwise ent.er obt.ain all necessary governmen-
J your propert. y, are more likely t.al approvals for t.he promotion
j t.o come in just. to see what. t.he and FLORHL HCRES will also make
1 commot.ion is all about.. Exist.- all arrangements and supervise
j ing tenant.s like t.hat. because the raising of t.he tent. . In
J it brings more potent.ial cus- addi t.ion, FLORHL nCRES will
tomers t.o t.hem end prospect.ive supply all material and labor.
t t.enant.s also like it. because it. In ot.her words, FLORHL HCRES
\ shows t.hat. management is will do everyt.hinq. Your only
.¡ pro-
gressive and act.ive. responsibilit.y will be to co-
operate wit.h us and your com-
FL ORI1L I1CRES ~ INC. is in munit.y regulationB'.
t.he business of live, indoor
and out.door t.ropic.al plant. Most. promot.ions last. from
promotions. Everyone loves two t.o four weeks. The amount.
plants. There is a const.ant. of rent. will vary by loca t. ion,
demand for plant.s. but regardless of t.he amount.,
besides t.he ext.ra t.raffic and
Several fact.ors must be at.t.ent.ion it. will bring t.o your
considered for a successful propert.y, it will also provide
plant. sale including: YCtU wit.h e)tt.ra income from a
normally unused and unprofit.-
... . .........,.......... .... . . . . . , . able sect.ion of your Ct\.\t.er
..,.................,......,.............. .
........................................... . parking area. When t.he sale is
: .:-: -:« -:~;rçl~ <.~~;rç.:-:.:
........................................" . over, FL ORI1L I1CRES will leave
· . . . . . . . . . . . . . . . . . . . . . . .. . . . . ~ . . . . . . . .. .. . .. . . ..
. . . .. ~ . . . . . , . . . . . .. .. . . . . " " " . " . , . .. . ... . .. .. , .. .. .. ~ .. the premises in the same condi-
..... ..:.... HISH'..VISADILITV··..............
· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . " . t.ion "hen t.hey st.art.ed.
....."............................"........ . as
...."......""..""......."..."."...""....... ..
".......................".................. .
......,'.... GOOD' ..ACCESS'....:::....................
............' ....................."......."...... Promote propert.y
................."................."""..". . your
· . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . .. . . .. . . . . . . ~
...."..................................... . You will get. all t.he ben-
...,' ..,·....,I)EJiI()E¡~ICS·..,', ',..........'. ....... now.
............. ..,......... . . .,...."......... efit.s and do all t.he work.
......................................... . "e
· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. ~
.............."..".........". . .............. . What. ' s raor'e, you recei ve an un-
:.:-: -:-:.:-: ~-O;:R-: -:~~~II~::'TI .:-:-:
.".".."....".."..""......."........"".."".... .. expect.ed ·windfall" of cash
......"..........................."....."...." ..
........................................... .. and above e)cist.ing
............. L~....ZI:*IJtm·................··........ Ctver :your
.............. ......'..... ........."........ rent.a~ income and don't.
.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ~ .. " .. .. .. . . you
..................................."....... ..
.. . . . . . . , . . . .. . . , , . . . . , . . .. . . . . . . . . . . . .. ~ ~ . .. " .. even have t.o work for it.. Call
..."..............................".........." ..
............".............."........"....."....." .
..........................................."... . t.oday and let. malee it.
..................."......".........."""""""... " us us
happen for you!
6250 W. Atlantic Avenue. Delray Beach. Florida 33484·3599
1·800-F·A-R,M·I'fJ,Q (Tol/ Free 1-800·327'6464)
Delray (407) 499·2655 . Dade (305) 945-5281 · Broward {305/ 427,2500 . Palm Beach (407) 833·3200 · FAX 407·496·0952
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER¿YJJj
SUBJECT: AGENDA ITEM # S H - MEETING OF MARCH 13, 1991
RATIFICATION OF APPOINTMENT TO THE OLD SCHOOL SQUARE
NOMINATING COMMITTEE
DATE: MARCH 7, 1991
This item is before the Commission as a result of discussion
which occurred at the March 5th workshop meeting. Commissioner
Mouw indicated he had been asked to serve on the Nominating
Committee for the Old School Square Board of Director s. Hence,
formal ratification by the City Commission of this appointment is
desired.
Recommend ratification of the appointment of Armand Mouw as a
member of the Nominating Committee for the Old School Square
Board of Directors.
,
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJl1
SUBJECT: AGENDA ITEM 41= ego:r:. - MEETING OF MARCH 13, 1991
AUTHORIZATION TO NEGOTIATE FINAL AGREEMENT - PALM TRAIL
NATURE PRESERVE
DATE: MARCH 8, 1991
The City Commission is requested to authorize staff to negotiate
a final agreement with William Swaim & Associates for the devel-
opment of the proposed neighborhood nature preserve on Palm
Tr ail.
On September 11, 1990, the Commission adopted Resolution No.
85-90 which supported the conceptual plan prepared by William
Swaim & Associates to make improvements to what was at that time
County-owned property. Mr. Swaim had proposed to develop a
nature preserve on this site in order to mitigate the diminishing
of part of this environmentally sensitive area due to development
of "The Anchorage" project. The subject property is under a
covenant, administered through The Nature Conservancy, which
requires perpetual use of the property as a nature reserve. On
December 4, 1990, the City Commission formally requested Palm
Beach County to transfer the land and maintenance responsibility
for the proposed nature preserve to the City of Delray Beach.
This transfer occurred in February, 1991.
Attached for your review is a proposed park development agreement
from Mr. Swaim. Included in the proposal is a conceptual plan
for the nature preserve.
Recommend that the City Commission authorize staff to negotiate a
final agreement with William Swaim & Associates for the develop-
ment of the Preserve Property on Palm Trail as a neighborhood
nature preserve.
~ .- ,lit ,
WILLIAM SWAIM & AsSOCIATES
INCORPORATED
INVESTMENT BUILDERS DEVELOPERS
March 6, 1991
Mr. David Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33483
Project: "The Anchorage"
Delray Beach, Florida
Subject: Agreement for Palm Trail Nature Preserve
Dear David:
Enclosed you will find the agreement for the construc-
tion of the proposed Nature Preserve on Palm Trail. I talked
with Mayor Lynch yesterday about getting it on the consent
agenda for Tuesdays City Commission meeting and he thought
that it could be added. If you have any questions or need any
additional information, please don't hesitate to call @ 395-
7289.
William B. Swaim
President
Enclosure
cc: Mayor Thomas Lynch
5685 PACIFIC BOULEVARD, SUITE 2303
BOCA RATON, FLORIDA 33433
407-395-7289
5=\;- 3Y; X="<;x, e e::;:e.... i..~7, .,- :j-~ I "', :;...., I .. ...., ....,,' - ................. ~~~a~ ja(~e:~ Cv~~;; ~
""..,..,IV..,....I"I;,.¡
PARK DEVELOPMENT AGRJ~
THIS PARI< DEVELOPMENT AGREEMENT ("Aqreementll) is made and.
entered into this ____ day of , 199_1 by and between
the CIT'l OF DELRAY BEACH, a Florida corporation ("City") and
WILLIAM SWAIM & ASSOCIATES, INCORPORATED, a Florida corporation
(" swaim") .
WIT N E SSE T H:
WHEREAS, Swaim is contract venåee of certain real property
which is located in the City of Celray Beach, Floric:ia, and
which is more particularly described on Exhibit ffAu attaohed
hereto ("Swaim Property"); anel
WHEREAS, the City owns property a4jacent to the Swaim
Property, which property is subject to deed r.strictions in
favor ot the Nature Conservancy, anet which property i. more
particularly described in Exhibit .. B" attached hereto
("preserve Property"); and
WHEREAS, Swaim has off.r.d to develop the Preserve Property
as a neiqhborhood nature pre..rve, substantially in contormance
with the conceptual developmen~ plan at~ached hereto as Exhibi~
II C" ( ,. Cevel opmen~ Plan 11), subj ec~ ~o the condi t10ns contained
herein, which nei9hborbood nature pre.erve woulct be available
for the use and enjoymen~ ot the citizens of the CitY7 and
WHEREAS, the' parties àesire to enter into this Ac r..ment to
provide for the development and operation of the pr...rve
Property as a nei9h~orhood nature preserve and to legally bind
each other to the terms hereof.
NOW, THEREFORE, in consideration ot the sum of Ten Dollars
($lO.OO) and other 900å and valuable consideration, the receipt
anå sufficient of which is hereby acknowledged, the part i..
hereto agree as tollows:
1. Reci1:als. The tore401nq recital. are true and correct
and are hereby incorporated herein by reference. All exhibits
to this Aqr....nt ar. hereby deemed a part hereot.
2. Pr.para~io~ and ~DDrova1 of Plans and SDBc~fiea~lon..
(a) Swaim shall prepare plan. and specifications tor
the developlle~t of the pr..erve Property ( ,. Plans a net
Specificationsll). 'l'he Plans and Specifications shall be
sub.tantially consist.nt with the Development Plan.
1
F/10SDDM/1
,
,
5:.\;- 3 y: x:: "\: X - e e: ç; : 9 A !: 1 ?; J - ~ - ~: ; t.',~ ~ ): I ';..,,:r';Äo"'::::;::~~ ~~cen Ca(~e~~ QV~~I~ ~
(0) Within <-) days of the submittal of the
Plans anå Specifications, the City shall approve the Plans ana
Spect1ciations and issue all applicable City permits for the
d.evelopment ot the Preserve Property. The C 1 ty hereby agrees
to waive any and all application, approval, permit ana
inspection t... fot' development and construction of the
Preserve Property.
(c) Swaim shall obtain approval of all applicable
permits required tor development of the Preserve Property with
the exception of the permits ana approvals issued by the City
which are provided tor in the paragraph above. The City hereby
aqrees to cooperate with Swaim in obtaininq the necessary
permits and approvals from other qovernmental 4qencies for the
development ot the Preserve Property.
Cd) Swaim shall be responsible for obtaining approval
from the Nature Conservancy, a. requirea by the deed
restrictions on the Preserve Property, for the development of
the pre.erve Propert.y. The City hereby 4qrees to cooperate
with swaim in obtalning the nec.ssary approvals trom the Nature
Conservancy.
3. Cons'truct.ion of I!!\provement.s. Swaim shall pay the
cost of developinq the preserve Property in accordance with t.he
Plans anð Specifications. swaim shall have no obligation to
develop the pre.erve Property or pay any costs associated
therewith, or to prepare the plans and. spacification., or to
pay any co.t. a.sociated therewith, unt.il swaim takes title to
the Swaim Property and unt.il approval by all applicable
qovernmental agencies of 'the tinal plat for the Swaim Property.
4. permit. and A'Oc!'oval.. The partie. acJcnowled.ge that
in order to develop the Swaim Property, swaim will require many
qovernmental approvals and permi ts . The partie. agree that
time i. ot the e.sence in processing all permits and approvals
for the Swaim Property. Accord.ingly, the Cit.y hereby agrees to
cooperate with swaim in proce.sing any and. all applications and.
plans necessary for the approval. and permits tor the swaim
Property. The City further agre.s not to unr.a.onably withhold
any approval or panait raquired tor development of the Swaim
Property.
5. Rall.no. aftd Remedies. The parti.. agree t.hat the
arranqement ..t forth 1n t.hi. Agree.ent i. unique and a breach
of this Aqr..men~ may not be susceptible to monetary damaqes,
and theretor., it i. specifically hereby aqreed tha~ this
Aqr.ement may, in ad.d1 t10n to any other remedies available at
law or in .qui~y, be .pecitically entorced in a cour~ ot
competent jurisdiction.
2
"10300"'1
,
~¿!~T BY: XEROX ie'eCOOl9" ;:)1 i; j- ,,-:;: " ' J.,~;v44;::;;~'" ~~Qen ôaínett 6CCM;; ~
' (.. /~I: '
6. %1iscellaneous.
Ca) Due Qiliaence. The parties covenant that each
party shall immediately commence all actions necessary to
fulfill its obliqations hereunder and shall diliqently pursue
the same throuqhQut the existence of this Aqreement.
(b) Entire A9reement. This Aqreement sets forth all
of the promises, covenants, agreements, conditions and
understandings between the part iea hereto, and supercectes all
prior and contemporaneou.s agreements, unc:lerstandinqs,
inducements or conditions, express or implied, oral or written,
except as herein contained.
(c) Pronouns: Headinqa. All pronouns and any
variations thereof shall be deemed to reter to the masculine,
teminine and neuter, sinqular or plural, anð to the identity of
the part.y or part.ie. , personal repr...n~a~iv.s, successors or
as.19n. may require. The ..ct.ion headinq8 contained in this
Aqr..ment are inserteð for convenience and shall not affect in
any way the meaning or interpretation of this Agreement.
Cd) Severability. The invalidity of any provision
hereof shall in no way affect or invalidat.e t.he remainder ot
this Agreement.
Ce) CQunte~arts. This Agreement may b. executed in
on. or more counterparts, each of which shall be d..med an
original, but all of which shall to;ethet constitute one in the
same instrument.
( f) Governing Law. This Agreement shall ba construed
in accordance with the law8 ot the State of 'lorida, and any
proceeding arising betwe.n the partie. in any manner pertaining
this Agre.ment shall, to the extent permitted by law, be held
in Palm Beach County, Flor14a.
(q) A~tQ~'i'· P.... Should either party h.r.to
bring an action aqainat the other party her. to to .ntorce the
term. and provision. hereof, the party preva111n; in such
action shall Þe entitled to a judqment against the other party
for sale! party'. reasona~l. attorn.y'. te.s and cost...
Ch) Am.ndment.. . This Agr....nt may not be mo<lified
or terminated orally, but only in writing .igne4 by the partie.
hereto.
3
,,'OJDDM/1
¡;)t::l~T BY: Xt::rWX ie!e:O:le" ¡~ ; ~ - ~ - ~ .., ; '-;' f ~'¡I" , "'. ..., ,....' ," '" wi...·... ~~~en Ja(~e~t Ü~~~;~ 0
..,...,,"","""....100'......
IN WITNESS WHEREOf', the parties hereto have executed. this
Aqreement as of the day and year first above written.
CITY OF DELRAY BEACH, a Florida
municipal corporation
By:
Mayor
By:
City Manaqer
ATTEST:
City Clerk
.
Approved as to Form:
City Attorney
STATE OF FLORIDA )
) S8:
COUNTY OF BROWARD )
BEFORE ME, an officer duly authorized by law to a~ini.ter
oaths and take aCknowledge.ents, personally app.areð
aa and
as of the City ot Delray Seach,
Florieta, a municipal co~oration of Flot'id.a, and acknowledged
they executed the torego ng Agreement .s the proper otticials
ot the City of Delray Beach, and the same ia the act and åeed.
of the City ot Delray .each.
IN WITNESS or THE FOREGOING, I have set my hand and
otficial ..al at Delray Beach, in the Stat. and County
afor..aid on I 1991.
(SIAL)
Notary Public
My co..ission Expir..:
4
", OJOOMI 1
,
SENT BY: XEROX Te eCOOle~ 7~17; J- 6-~' ; ~.·~w~ . ~:";:/:;~~~~:j'" ~~ce~ Qaine:: ~vv~,; I
WILLIAM SWAIM & ASSOCIATES,
INCORPORATED
By:
WILLIAM SWAIM
STATE OF FLORIOA )
) 58:
COUNTY OF BROWARD )
I HERESY CERTIFY that on this day betore me, a Notary
Public duly authorized in the State and County named above to
take acknowledgments, personally appeared, WILLIAM SWAIM, t.o me
known and known to me to be the person describe" as the
President of WILLIAM SWAIM , ASSOCIATES, INCORPORATED, who
s1qned the foreqoin9 instrument a. such person, and
acknowledqed the execution thereot to be hi. free act and de.d
as such p.rson fo~ the uses and purpo... therein mentione4, and
he aff1xeei thereto the official seal of said. corporation, and
that the saiei ins~rument is the ac~ and d..d of said
corporation.
WITNESS my hand and ofticial seal in the State and County
last afore.aid this day of , 1991.
(SEAL)
Notary Pu):)lic
My Commission Expire.:
5
F/'03DDM/1
,
,
SENT BY: XEROX Telecocier fOq; 3- 5-8" : ¿:~6:;'~ ; 3u57644~8ò" Aucen Barnett BOCA;# 8
LIST OF EX~¡D~~S
EXHIBIT A - Legal Cescription of swaim Property
EXHIBIT B - Legal Description of Preserve Property
EXHISIT C - Conceptual Development Plan for Preserve
Property
:
.
6
fl,03DDMI'
...- é><llJß)T Ï! I,
ATTACHMENT
.~
....../ LAND DESCRIPTION: THE ANCHORAGE
LOTS 16 TO 24, INCLUSIVE, BLOCK "A"; LOTS 16 TO 24, INCLUSIVE,
BLOCK "B"; AND LOTS 1 TO 6, INCLUSIVE, BLOCK "C", OF PLAT NO. 3,
"ROYAL PALM GARDENS", ACCORDING TO THE PLAT THEREOF ON FILE IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, FLORIDA, IN PLAT BOOK 21 AT PAGE 57; AND
ALL THAT PART OF LOT" 1 OF "HARRY SEEMILLER'S SUBDIVISION" OF PART
OF LOTS 36, 1 , 2 AND 3 , SECTION 9 , TOWNSHIP 46 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF
RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 9, PAGE 72, PALM BEACH
COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER Or- LOT 18, BLOCK "c" OF "LA
HACIENDA", AS SHOWN ON PLAT RECORDED IN PLAT BOOK 15, AT PAGE 6,
PALM BEACH COUNTY RECORDS; THENCE NORTH AT RIGHT ANGLES TO THE
NORTH LINE OF SAID LOT 18, A DISTANCE OF 8 FEET TO THE NORTH LINE
OF ALLEY AS SHOWN ON PLAT OF "LA HACIENDA", WHICH IS THE POINT OF
BEGINNING; FROM SAID POINT OF BEGINNING RUN NORTH AT RIGHT ANGLES
TO THE NORTH LINE OF "LA HACIENDA", A DISTANCE OF 239 FEET, ~10RE
OR LESS, TO THE NORTH LINE OF LOT 1 OF SAID "HARRY SEEMI LLER' S
SUBDIVISION" ; THENCE EAST ALONG THE NORTH LINE OF LOT 1 OF SAID
"HARRY SEEMILLER'S SUBDIVISION" TO THE WEST RIGHT-OF-WAY LINE OF
THE INTRACOASTAL WATERWAY; THENCE SOUTHERLY ALONG THE WEST RIGHT-
-' OF-WAY LINE OF THE INTRACOASTAL WATERWAY TO THE NORTH LINE OF "LA
HACIENDA"; THENCE WESTERLY ALONG THE NORTH LINE OF "LA HACIENDA"
TO THE POINT OF BEGINNING, LOTS 20 TO 27, INCLUSIVE, AND LOTS 29
TO 34, INCLUSIVE, BLOCK "C"; LOTS 21 TO 27, INCLUSIVE, AND LOTS 29
TO 34, INCLUSIVE, BLOCK "E"; AND ALL OF BLOCK "F" OF "LA HACIENDA",
A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, AS PER PLAT THEREOF
RECORDED IN PLAT BOOK 1 5 , PAGE 6 OF THE PUBLIC RECORDS OF PAL~I
BEACH COUNTY, FLORIDA, AND
THAT CERTAIN PARCEL OF REAL PROPERTY SHOWN ON THE PLAT OF "LA
HACIENDA", A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, AS PER PLAT
THEREOF RECORDED IN PLAT BOOK 15, AT PAGE 6 OF THE PUBLIC RECORDS
OF PALM ijl;ACH COUNTY, FLORIDA, WHICH PARCEL IS DESIGNATED "LAKE"
AND WHICH LIES BETWEEN LAKE AVENUE "N" AND LAKE AVENUE ItS", AND
WHICH SURROUNDS BLOCK ifF" AND LAKE TRAIL IN SAID SUBDIVISION,
INCLUDING EASEMENTS, RIGHTS-OF-WAŸ AND ALLEY RIGHTS-OF-WAY AS SHOWN
ON RECORDED PLATS, AND SUBJECT TO THAT CERTAIN SPOIL DISPOSAL EASE-
MENT OVER THE PROPERTY IN "ROYAL PALM GARDENS" IN FAVOR OF THE
UNITED STATES OF AMERICA, RECORDED IN DEED BOOK 852, PAGE 256 AND
IN DEED BOOK 858, PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
134556A. ¡.
·
EXHIBIT ß
All of lots B, C, D and E, all being in Kenmont Subdivision
in Palm Beach County, Florida, according to the plat thereof
on file in the office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida recorded in Plat Book 20,
page 65; together with any riparian and/or littoral rights
pertaining thereto.
,. -- -- -- - >-
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·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM * <{::r - MEETING OF MARCH 13, 1991
REJECTION OF BIDS - REHABILITATION OF SNORKEL FIRE
TRUCK
DATE: MARCH 8, 1991
This item is before you to reject the bids received for the
rehabilitation, refurbishment and overhaul of a 1971 eighty-five
foot snorkel truck. Funds were allocated from the Decade of
Excellence Bond Issue for the rehabilitation of this truck. A
total of $130,000 was budgeted for this work. Both bids received
exceeded this amount (Simon-Duplex Inc. in the amount of
$210,000.00 and American LaFrance in the amount of $221,143.87) .
Staff is working to revise the specifications and, upon Commis-
sion action, will re-bid the project.
Recommend that the bids received for the rehabilitation, re-
furbishment and overhaul of a 1971 eighty-five foot snorkel truck
be rejected and direct staff to revise the specifications and
re-bid the project.
,,, i1 n ';:.J¡
Agenda I tem No. :
AGERDA REQUEST
,- ,-' "·_~Ú"_=.'"
Date: March 5. 1991
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: March 12. 1991
Description of agenda item (who, what, where, how much) : Bid Rejection -
Rehabilitation of Snorkel Fire Truck.
ORDIHAHCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Re;ect all bids. revise specifications. and re-bid as
pxppdi tí olls1y as possible.
;A ~ /
æ(/A ~~
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involvinq expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @ 1J14
E / NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
'~dministrative Services
FROM: Ted Glas, Purchasing Officer fi~
DATE: March 5, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 12, 1991 - BID REJECTION BID #91-38
REHABILITATION OF SNORKEL FIRE TRUCK
Item Before City Commission:
The City Commission is requested to reject all bids for the
rehabilitation, refurbishment and overhaul of a 1971
eighty-five foot snorkel truck.
Background:
Funds were allocated from the Decade of Excellence Bond
Issue for the rehabilitation of this truck. A total of
$130,000. was budgeted for this work.
Bids for this work were received on March 4, 1991 from two
(2) vendors, all in accordance with City purchasing
procedures. A tabulation of bids is attached for your
review.
The Fire Chief has reviewed the bids, and recommends that
both bids be rejected for being in excess of the budgeted
amount, per attached memorandum.
Recommendation:
Staff recommends that both bids be rejected, and that the
specifications be revised and re-bid as expeditiously as
possible.
Attachments
Tabulation of Bids
Recommendation from Fire Department
pc Chief Koen
[ITY DF DELIAY BEA[H
FIRE DEPARTMENT
~~ºRANDU_~
TO: TED GLAS, PURCHASING OFFICER
FROM: M. B. WIGDERSON, ASSISTANT FIRE CHIEF
DATE: MARCH 5, 1991
SUBJECT: REJECTION OF BID #91-38
REFURBISHMENT OF TRUCK #3
After review of our Bid #91-38, the Fire Department is
requesting that the City Commission reject all bids. We are now
in the process of reviewing our specifications and re-determining
our needs in order to bring th~ cost of refurbishment more in
line with our budget. We will then re-submit the specifications
for advertising of bids.
/¿¡;f7J (J.J/~" /, / I~-
"
./
M. B. Wigderson
Assistant Fire Chief
MBW/mmh
FIRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH, FLORIDA 33444
407/243 7400 - FAX 407/ 2654660
MARCH 04, 1991 CITY OF DELRAY BEACH
TABULATION OF BIOS
BID .91-38
REHABILITATION, REFURBISHMENT AND OVERHAUL 1971 EIGHTY-FIVE FOOT SNORKEL
Simon-Duplex American Dowling Municipal FWD
VENDOR: Inc. LaFrance Fire Equip Equip Co. Corp.
TOTAL BID PRICE $210,000.00 $221,143.87 * No Bid No Bid No Bid
DELIVERY TIME AFTER 240 days after
RECEIPT OF ORDER 270 days after recpt of vehicle
receint of order & parts @ Svc. Cntr
OPTIONS:
1. REPLACEMENT I $43,736.47
CAB PRICE **
i
2. NEW PIKE POLES I
W/FIBERGLASS HANDLES $800.00 í No Bid
I
3. FOUR POSITION DAVID
CLARK HEADSET SYSTEM No Bid No Bid
IN CAB
4. THREE POSITION DAIVD
CLARK HEADSET/ RADIO SYS No Bid No Bid
FOR PLATFORM BUCKET
- - -
5. AlLISON HT8W
TRANSMISSION $5,297.00 $20,087.50
--
PRE-PAYMENT OPTIONS:
f--------------- >-- ------ -- - I
--
6. CITY PAY COST OF NEW
ENGINE AND TRANSMISSION $1,000.00 No Bid
AT TIME ORDER PLACED I
(DEDUCT)
- --
7. CITY PAY COST OF NEW
ENGINE AND TRANSMISSION $500.00 No Bid I
AT TIME OF INSTALLATION
ON NEW COMPONENTS
(DEDUCT)
- 7<F Atter 1nspect- --- I
* plus options
COMMENTS I ion & review of I
EXCEPTIONS frame design, we I I
have determined
that a cab re- I
placement on your
existing chassis I
would neither be
feasible from an
econ~mic standïd
p01n , nor wou
it follow sound
engineering "
MARCH O~, 1991 CITY OF DElRAY BEACH
TABULATION OF BIOS
BID 191-38
REHABILITATION, REFURBISHMENT AND OVERHAUL 1971 EIGHTY-FIVE FOOT SNORKEL
Precision Fire Aero Excell- Front- First Jackson-
VENDOR Kenworth Fighting Products ance Inc. Line Response ville Fir
lnnovat-
Inc. 10ns Inc. & Safety
TOTAL BID PRICE No Bid No Bid No Bid No Bid No Bid No Bid No Bid
I
DELIVERY TIME AFTER
RECEIPT OF ORDER
OPTIONS: I
1. REPLACEMENT I I
CAB PRICE
2. NEW PIKE POLES !
W/FIBERGLASS HANDLES I
I
!
3. FOUR POSITION DAVID I
CLARK HEADSET SYSTEM
IN CAB
4. THREE POSITION DAIVD
CLARK HEADSET/ RADIO SYS
FOR PLATFORM BUCKET
S. ALLISON HTB141
TRANSMISSION
I
PRE-PAYMENT OPTIONS:
\ I¡
6. CITY PAY COST OF NEW
ENGINE AND TRANSMISSION
AT TIME ORDER PLACED
7. CITY PAY COST OF NEW I
ENGINE AND TRANSMISSION I
I
AT TIME OF INSTALLATION I
ON NEW COMPONENTS
I
COMMENTS / I
EXCEPTIONS
MARCH 04, 1991 CITY OF DElRAY BEACH
TABULATION OF BIOS
BID .91-38
REHABILITATION, REFURBISHMENT AND OVERHAUL 1971 EIGHTY-FIVE FOOT SNORKEL
Harolds Sales Casso's
VENDOR & Service Garage
No Bid No Bid
TOTAL BID PRICE
DELIVERY TIME AFTER
RECEIPT OF ORDER
OPTIONS:
1. REPLACEMENT I
CAB PRICE
2. NEW PIKE POLES !
W/FIBERGlASS HANDLES I
I
I
3. FOUR POSITION DAVID
CLARK HEADSET SYSTEM
IN CAB
-
4. THREE POSITION OAIYD
CLARK HEADSETI RADIO SYS
FOR PLATFORM BUCKET
5. ALLISON HTBH 1
TRANSMISSION
PRE-PAYMENT OPTIONS:
1 I
6. CITY PAY COST OF NEW l
ENGINE AND TRANSMISSION
AT TIME ORDER PLACED !
7. CITY PAY COST OF NEW !
ENGINE AND TRANSMISSION 1
AT TIME OF INSTALLATION I
¡
ON NEW COMPONENTS
I
COMMENTS I I
EXCEPTIONS
I
I
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfÞ<f
SUBJECT: AGENDA ITEM # <6K. - MEETING OF MARCH 13, 1991
RESOLUTION NO. 14-91
DATE: March 6, 1991
This item is a Resolution assessing costs for abatement action
required to remove nuisances on 39 properties within the City. The
Resolution sets forth the actual costs incurred and provides the
mechanism to attach liens on these properties in the event the
assessments remain unpaid.
Recommend approval of Resolution No. 14-91 assessing costs for abating
nuisances on 39 properties within the City.
,
-------.--..-
----,,- --, .'-,.,--_..,...',--- -,.-.- ---~--_.._-- ..::=..~ ~---"-"--~._---'~---
..' - . ...=-~~~-=--- :-=..--:~.-----~-======:=::--====-....::==:::-.:===::::::::.:-=..:.:.:=::-:==.---=:===-:====::::-...:-=-=.::::..-===---::--==~_::=..:.- ----- ,-
RESOLUTION NO. 14-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL RAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence 0 f a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner (s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land (s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report 0 f the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City COI!UTlission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
I
~-~-_.
._"~~,---~- .- --.' --
-----_._-_._-.::~--~----". -~-,-_.'.._-------- -- .-_._-,-----~---'---
-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcells)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid wi thin thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel (s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice (s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
a fter which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s) , and interest shall accrue at the rate of
eight (8 ) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
1i fee.
II
, PASSED AND ADOPTED in regular session on this the day
ii
I' of , 1991.
:¡
Ii
'I
I MAYOR
ATTEST:
I.
'I
Ii City Clerk
I
,I
"
II
II - 2 - Res. No. 14-91 i
\1 I
I
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOTS 1 TO 4 INC., & E 1/2 OF THOMAS R. & CAROL $ 85.00
LOT 5, BLK A, PINE RIDGE O. PEARCE (H&W) 50.00 (ADM. COST)
HEIGHTS, DELRAY, PB 13, P 80, 1202 N. SWINTON AVENUE (RECORDING)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444
COUNTY, FL.
(1202 N. SWINTON AVE.)
W185.91' OF NW 1/4 LYG S OF JOHN C. DiMAGGIO $200.00
GERMANTOWN ROAD & W195.91' OF %GREENLEAF TREE SERV.INC. 50.00 (ADM. COST)
SW 1/4 OF SE 1/4 OF NW 1/4 2408 N.E. 27TH AVE. (RECORDING)
LESS N150', SUB OF SEC. FT. LAUDERDALE, FL. 33305
30-46-43, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(3730 GERMANTOWN ROAD)
LOT 1,BLK 5, DELRAY BEACH ROBERT L. & $ 42.00
HEIGHTS 1ST ADD., PB 25, PHYLLIS A.REED 50.00 (ADM. COST)
P 186, PUBLIC RECORDS, PALM (HUSBAND & WIFE) (RECORDING)
BEACH COUNTY, FL. 7320 SUNNY HILLS TERRACE
(929 SW 11TH TERRACE) LANTANA, FL. 33462
N50' OF S 335' OF BLK 14, LEON & GAIL R. JENKINS $ 42.00
TOWN OF DELRAY, PB 1, P 3, (HUSBAND & WIFE) 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 3949 DOLPHIN DRIVE (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33445
(120 SW 6TH AVE)
LOT 22 & N10' OF LOT 23, BLK J.L. & MAUREEN H. MASS $ 51.00
72, TOWN OF DELRAY, PB 10, (HUSBAND & WIFE) 50.00 (ADM. COST)
P 57, PUBLIC RECORDS, PALM 3825 LONE PINE ROAD (RECORDING)
BEACH COUNTY, FL. DELRAY BEACH, FL. 33445
(338 SE 1ST AVE)
LOT 2, PT OF SUB OF BLK 64, ABRAHAM J. & ERMA L. $ 64.00
DELRAY BEACH, PB 20, P 39, WOOTEN (H&W) 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 304 S. SWINTON AVENUE (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33444
(304 SOUTH SWINTON AVE)
LOTS 13 & 14 (LESS S 20'), LISA M. WEBB $ 62.00
BLK 60 (OLD SCHOOL SQUARE 1561 S.CONGRESS AVE.#187 16.68 (ADM. COST)
HISTORIC DISTRICT), TOWN OF DELRAY BEACH, FL. 33445 (RECORDING)
DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY, FL.
(WEST ATLANTIC AVE)
LOT 15/LESS S20' RD R/W BLK 60 LISA WEBB $ 62.00
(OLD SCHOOL SQUARE HISTORIC C/O GARY J. NAGLE 16.66 (ADM. COST)
DISTRICT) , TOWN OF DELRAY, P.O. BOX 31148 (RECORDING)
PB 1, P 3, PUBLIC RECORDS, 11000 PROSPERITY FARMS
PALM BEACH COUNTY, FL. ROAD/#203
(WEST ATLANTIC AVE) PALM BEACH GARDENS, FL.
33410
-3- Res. No.14-91
,
LOT 16/LESS S20', BLK 60 (OLD LISA WEBB $ 62.00
SCHOOL SQUARE HISTORIC C/O GARY J. NAGLE 16.66 (ADM. COST)
DISTRICT), TOWN OF DELRAY, P. O. BOX 31148 (RECORDING)
PB 1, P 3, PUBLIC RECORDS, 11000 PROSPERITY FARMS
PALM BEACH COUNTY, FL. RD/#203
(WEST ATLANTIC AVENUE) P. BCH. GARDENS, FL. 33410
LOT 20, BLK 7, SEACREST PARK, BRADLEY E. & DIANE M. $ 50.00
PB 24, P 33, PUBLIC RECORDS, STEPHENSON (H & W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 229 N.E. 22ND STREET (RECORDING)
(229 NE 22 STREET) DELRAY BEACH, FL. 33444
S 1/2 OF W 1/2 OF SW 1/4 OF FELICE P. LEDBETTER $ 24.00
LOT 3/LESS E220', SUB OF SEC. 760 N.W. 7TH STREET 50.00 (ADM. COST)
8-46-43, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 (RECORDING)
BEACH COUNTY, FL.
(GARDENIA TERR. & NW 8TH AVE)
LOTS 6 & 7, BLK 15, TOWN OF LUCIUS SIMMONS $ 80.00
DELRAY, PB 13, P 18, PUBLIC 1301 KANAB AVENUE NW 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL. PALM BAY, FL. 32907 (RECORDING)
(SW 2ND STREET)
LOT 3, BLK 47, TOWN OF DELRAY, ROBT.G. & PATRICIA ALLEN $ 70.00
PB 12, P 81, PUBLIC RECORDS, (H&W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 206 S.W. 2ND AVENUE (RECORDING)
(206 SW 2ND AVENUE) DELRAY BEACH, FL. 33444
LOT 1, BLK 9, REPLAT OF DEL RAY STEWART DAVIS $ 59.00
BEACH HEIGHTS EXT. SECTIONS A 1640 STONEHAVEN DR. #2 50.00 (ADM. COST)
& B, PB 25, P 186, PUBLIC BOYNTON BEACH, FL. 33436 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL.
(SW 12TH AVENUE)
LOT 23, BLK 4, ODMANN'S SUB., LEON I.& GAIL R.JENKINS $143.00
PB 4, P 53, PUBLIC RECORDS, (H&W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 3949 DOLPHIN DRIVE (RECORDING)
(SW 14TH AVENUE) DELRAY BEACH, FL. 33445
LOT 11, BLK 1, ROSEMONT PARK, TOMMY PRESTON $ 65.00
DELRAY, PB 13, P 60, PUBLIC 140 N.W. 11TH AVENUE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 (RECORDING)
(SW 5TH AVENUE)
LOT 9, BLK 10, ATLANTIC A.L.& ANNIE M. HOLLIDAY $ 42.00
GARDENS, DELRAY, PB 14, P 63, (H&W) 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 426 S.W. 15TH TERRACE (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33444
(SW 11TH AVENUE)
LOT 21, BLK B, TOURIST NOOK, RUSSELL E. BROWN $ 89.00
DELRAY, PB 11, P 47, PUBLIC C/O JUNE DIMON 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL. 9710 WILLOW ROAD (RECORDING)
(NW 8TH AVENUE) WILLIS, MI. 48191
-4- Res. No. 14-91
,
LOT 1, CLINTON-& MORGAN SUB., RUBIN CLINTON III $ 46.00
PB 59, P 138, PUBLIC RECORDS, FRANCINE S. CLINTON 25.00 (ADM. COST)
PALM BEACH COUNTY, FL. 1517 SW 3RD COURT (RECORDING)
(NW 5TH AVENUE) DELRAY BEACH, FL. 33444
LOT 2, CLINTON & MORGAN SUB., RUBIN CLINTON III $ 46.00
PB 59, P 138, PUBLIC RECORDS, FRANCINE S. CLINTON 25.00 (ADM. COST)
PALM BEACH COUNTY, FL. 1517 SW 3RD COURT (RECORDING)
(NW 5TH AVENUE) DELRAY BEACH, FL. 33444
LOT 5, BLK 4, ATLANTIC PARK ROGER M. COFFEY $ 65.00
GARDENS, DELRAY, PB 14, P 56, 1502 N.W. 85TH STREET 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH MIAMI, FL. 33147 (RECORDING)
COUNTY, FL.
(SW 13TH AVENUE)
LOT 12, BLK 63, TOWN OF DELRAY, TOMMY PRESTON $ 54.00
PB 6, P 3, PUBLIC RECORDS, P.O. BOX 2385 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33447 (RECORDING)
(237 SW 1ST AVENUE)
LOT 3, BLK 1, ROSEMONT PARK, MCKINLEY JOHNSON $ 21.00
DELRAY, PB 13, P 60, PUBLIC 719 S.W. 6TH STREET 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 (RECORDING)
(609 SW 5TH AVENUE)
LOTS 22 & 23, BLK 95, LINN'S DOUGLAS J. CLARK $ 27.00
ADD TO OSCEOLA PARK, PB 1, F.& ELISABETH HOFFMAN 50.00 (ADM. COST)
P 133, PUBLIC RECORDS, PALM (HUSBAND & WIFE) ( RECORDING)
BEACH COUNTY, FL. 4307 N.W. 5TH AVENUE
(238 SE 4TH AVENUE) BOCA RATON, FL. 33431
LOT 1, BLK 14, OSCEOLA PARK, RONALD D & SUZANNE W. $111.00
PB 3, P 2, PUBLIC RECORDS, POLACEK (H&W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 27 EMERSON HILL DRIVE (RECORDING)
(802 SE 2ND AVENUE) MARKHAM,ONT.CANADA L3P 7E5
LOT 36, DELRAY MANOR ADD. TO LEON & APRIL L. HUMPHREY $ 47.00
DELRAY, PB 12, P 59, PUBLIC (HUSBAND & WIFE) 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 602 S.W. 9TH COURT (RECORDING)
(602 SW 9TH COURT) DELRAY BEACH, FL. 33444
LOT 14, BLK 104, OSCEOLA PARK, EMILE & CHARLANTE $ 18.00
PB 3, P 2, PUBLIC RECORDS, FLEURANTIN (H&W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 343 S.E. 4TH AVENUE (RECORDING)
(343 SE 4TH AVENUE) DELRAY BEACH, FL. 33444
LOT 12, BLK 96, LINN'S ADD. TO THOMAS S. MC DERMOTT $ 48.00
OSCEOLA PARK, DELRAY, PB 1, 347 S.E. 3RD AVENUE 50.00 (ADM. COST)
P 133, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33483 (RECORDING)
BEACH COUNTY, FL.
(347 SE 3RD AVENUE)
-5- Res. No. l4-91
LOT 15, BLK 7, .OSCEOLA PARK, JAMES L.& MAUREEN H.MAAS $ 44.00
PB 3, P 2, PUBLIC RECORDS, (HUSBAND & WIFE) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 3825 LONE PINE ROAD (RECORDING)
(613 SE 3RD AVE) DELRAY BEACH, FL. 33445
LOT 204/LESS SE.50', TROPIC GERALD C. JR.& $ 29.00
PALMS PLAT 1, PB 25, P 99, ANNE E.SCOTT (H&W) 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 535 JAEGER DRIVE (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33444
(535 JAEGER DRIVE)
N70' OF E135' OF BLK 71, TOWN WILBERT H.& GLORIA $ 42.00
OF DELRAY, PB 1, P 3, PUBLIC D. JONES (H&W) 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. CLAYTON N. JONES (RECORDING)
(20 & 22 SE 2ND STREET) 20 S.E.2ND STREET
DELRAY BEACH, FL. 33444
S19'1 1/2" OF LOT 4 & N3813" JEROME B. VANHILLE $ 59.00
OF LOT 5, BLK 75, TOWN OF GABE A. BANFI 50.00 (ADM. COST)
DELRAY, PB 1, P 3, PUBLIC 807 N.E. 8TH STREET (RECORDING)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33483
(123 NE 1ST AVENUE)
LOT 290, TROPIC PALMS PLAT 1~ RAYMOND & DIANE $ 79.00
PB 25, P 99, PUBLIC RECORDS, MANG I CAPRA (H&W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 5300 W. ATLANTIC AVENUE (RECORDING)
(720 HERON DRIVE) DELRAY BEACH, FL. 33484
THE PT OF E'LY77.41' OF NI001 COMMUNITY LAND CORP.ET AL $134.00
OF S125' OF W 1/2 OF LOT 5 LYG P.O. BOX 50001 50.00 (ADM. COST)
E'LY OF I-95 R/W, SUB OF SEC. LIGHTHOUSE PT, FL. 33074 (RECORDING)
17-46-43, PUBLIC RECORDS, PALM
BEACH COUNTY, FL.
(SW 15TH AVENUE)
LOT 27, BLK 1, ATLANTIC PARK BENNIE THOMAS $ 65.00
GARDENS, DELRAY, PB 14, P 56, 1720 1ST STREET NORTH 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH WINTER HAVEN, FL. 33881 (RECORDING)
COUNTY, FL.
(NW 12TH AVENUE)
LOTS 55 TO 58 INC., BLK 32, IRA LAND & HAROLD $ 69.00
DEL RATON PARK, PB 14, P 9, SCHLANGER 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH C/O G. KEHRES (RECORDING)
COUNTY, FL. P.O. BOX 1298
(AVENUE L) BOCA RATON, FL. 33429
LOTS 1 & 2, PARADISE HEIGHTS, CHARLENE G. PATRICK $ 69.00
PB 24, P 113, PUBLIC RECORDS, P.O. BOX 97841 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. RALEIGH, NC. 27624 (RECORDING)
(NW 6TH AVENUE)
-6- Res. No. 14-91
·
LOTS 11 & 12, ~ELVIN S. BURD LILLIAN O. ROLLE $ 84.00
SUB., PB 11, P 73, PUBLIC 137 N.W. 6TH AVENUE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33444 (RECORDING)
(NW 6TH AVENUE)
LOT 4, BLK 4, OSCEOLA PARK, JAMES P. MC CULLOUGH $ 90.00
PB 3, P 2, PUBLIC RECORDS, 1231 WEST BROWARD STREET 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. LANTANA, FL. 33462 (RECORDING)
(314 SE 4TH STREET)
VIOLATION IS: 100.1 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER
CONSTITUTING HAZARDS; DECLARED NUISANCE.
-7- Res. No. 14-91
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ L - MEETING OF MARCH 13 , 1991
RESOLUTION NO. 15-91
DATE: March 6, 1991
This item is a Resolution assessing costs for abatement action
required to remove nuisances on 35 properties within the City. The
Resolution sets forth the actual costs incurred and provides the
mechanism to attach liens on these properties in the event the
assessments remain unpaid.
Recommend approval of Resolution No. 15-91 assessing costs for abating
nuisances on 35 properties within the City.
,
,
[I
I
I
I
I RESOLUTION NO. 15-91
I
I
I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
I BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
I, OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
, ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
I NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
I pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereo f , for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land Is) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
Owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance (s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the Landes) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray !
Beach, I
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
-~
\
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcells)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel (s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore -
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice (s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s) , and interest shall accrue at the rate of
eight (8 ) percent per annum plus, if collection proceedings are
necessary, the cos ts of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 15-91
I
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 21, BLK 5, SUB OF BLK 5, MAE P. JACKSON $ 35.00
DELRAY BEACH, PB 23, P 72, 12 SW 7TH AVENUE 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 (RECORDING)
COUNTY, FL.
(12 SW 7TH AVENUE)
LOT 15, BLK 95, LINN'S ADD. GABE & CYNTHIA BANFI(H&W) $100.00
TO OSCEOLA PARK, DELRAY, PB 3, C/O BANFI REALTY 50.00 (ADM. COST)
P 2, PUBLIC RECORDS, PALM 807 NE 8TH STREET (RECORD ING)
BEACH COUNTY, FL. DELRAY BEACH, FL. 33483
(210 SE 4TH AVENUE)
LOT 32, JEFFERSON MANOR, L. C. BRYANT ESTATE $ 72.00
PB 24, P 150, PUBLIC RECORDS, 3336 VILLANDRY AVENUE 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33445 (RECORDING)
(1331 PROSPECT STREET)
LOT 14/LESS E215', ESQUIRE UNITED STATES OF AMERICA $550.00
SUB., PB 23, P 43, PUBLIC C/O US DEPT OF JUSTICE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL. MIAMI, FL. 33128 (RECORDING)
(1029-1031 GERMANTOWN ROAD)
LOT IS/LESS E215', ESQUIRE UNITED STATES OF AMERICA $475.00
SUB., PB 23, P 43, PUBLIC C/O US DEPT OF JUSTICE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL. MIAMI, FL. 33128 (RECORDING)
(1039 GERMANTOWN ROAD)
S60' OF E200' OF LOT 15, U.S. MARSHALL'S OFFICE $375.00
ESQUIRE SUB., PB 23, P 43, C/O KEN DEAL 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 301 N. MIAMI AVE.,RM 205 (RECORDING)
COUNTY, FL. MIAMI, FL. 33128
(1028 SW 9TH AVENUE)
S31.25' OF E200' OF LOT 14 & U.S. MARSHALL'S OFFICE $275.00
N31.25' OF E 200' of LOT 15, C/O KEN DEAL 50.00 (ADM. COST)
ESQUIRE SUB., PB 23, P 43, 301 N. MIAMI AVE.,RM 205 ( RECORD ING)
PUBLICRECORDS, PALM BEACH MIAMI, FL. 33128
COUNTY,FL.
(1026 SW 9TH AVENUE)
N60' OF E200' OF LOT 14, U.S. MARSHALL'S OFFICE $485.00
ESQUIRE SUB., PB 23, P 43, C/O KEN DEAL 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 301 N.MIAMI AVE., RM 205 (RECORDING)
COUNTY, FL. MIAMI, FL. 33128
(1024 SW 9TH AVENUE)
-3- Res. No. 15-91
E200' OF LOT 13-, ESQUIRE SUB., UNITED STATES OF AMERICA $485.00
PB 23, P 43, PUBLIC RECORDS, C/O US DEPT OF JUSTICE 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. MIAMI, FL. 33128 (RECORDING)
(1022 SW 9TH AVENUE)
LOT 19, BLK 2, ATLANTIC PARK J.D. & EARLINE MONROE $ 40.00
GARDENS, DELRAY, PB 14, P 56, (HUSBAND & WIFE) 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 58 KENT STREET (RECORDING)
COUNTY, FL. HARTFORD, CT. 06112
(SW 1ST ST & SW 13TH AVE)
LOT 14, NICHOLlS 1ST ADD. TO MANUEL MOREDA $ 54.00
DELRAY, PB 21, P 69, PUBLIC 14 SW 7TH STREET 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 ( RECORD ING)
(14-16 SW 7TH STREET)
S60' OF N140' OF W140.61 OF LILLIAN MUNNINGS ESTATE $ 53.00
BLK 56, TOWN OF DELRAY, PB 20, 303 SW 2ND AVENUE 50.00 (ADM. COST)
P 55, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 (RECORDING)
BEACH COUNTY, FL.
(303 SW 2ND AVENUE)
S80' OF E150' OF LOT 12, UNITED STATES OF AMERICA $575.00
ESQUIRE SUB., PB 23, P 43, C/O US DEPT OF JUSTICE 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH MIAMI, FL. 33128 (RECORDING)
COUNTY, FL.
(1020 SW 9TH AVENUE)
LOT 3, BLK 1, SUDAN UNIT A, DONALD A. & VANESSA G. $ 60.00
PB 28, P 144, PUBLIC RECORDS, MONROE (H&W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 3948 DOLPHIN DRIVE (RECORDING)
(DAVIS ROAD) DELRAY BEACH, FL. 33445
LOT 5, BLK 11, DELRAY SHORES, BENJAMIN G. & JENNIE M. $ 65.00
PB 24, P 233, PUBLIC RECORDS BURROWS (HUSBAND & WIFE) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 844 ORBIT LANE (RECORD ING)
(ANGLER DRIVE) UNIONDALE, NY 11553
S30' OF N90' OF E1351 OF BLK REBECCA HAYES $ 45.00
10, TOWN OF DELRAY, PB 1, P 3, C/O EDWARD DEMPS 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH P.O. BOX 3099 (RECORDING)
COUNTY, FL. FT. PIERCE, FL.34948-3099
(NW 6TH AVENUE)
S50' OF N200' OF E135' OF BLK MINNIE NEWMAN $ 45.00
10, TOWN OF DELRAY, PB 1, P 3, C/O OSCOE NEWMAN 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH P.O. BOX 1479 (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33447
(NW 6TH AVENUE)
-4- Res. No. 15-91
·
LOT 16, BLK 4, PRIEST'S ADD. ROSA L. SCOTT $ 70.00
TO ATLANTIC PARK GARDENS, PB 401 SW 10TH STREET 50.00 (ADM. COST)
23, P 70, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 (RECORDING)
BEACH COUNTY, FL.
(SW 13TH AVENUE)
LOTS 2 & 3, BLK 4, ATLANTIC ROGER M. COFFEY $ 55.00
PARK GARDENS, PB 14, P 56, 1502 NW 85TH STREET 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH MIAMI, FL. 33147 (RECORDING)
COUNTY, FL.
(SW 13TH AVENUE)
LOTS 4 & 5, BLK 4, SILVER CONSULTANTS MARKETING $ 79.00
TERRACE, DELRAY, PB 11, P 61, INC. 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 1026 S. DIXIE HIGHWAY (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33483
(1026 S. DIXIE HIGHWAY)
LOTS 33 TO 38 INC., BLK 8, PAUL F. & NANCY V.MILLER $ 50.00
DELL PARK, PB 8, P 56, PUBLIC (HUSBAND & WIFE) 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL. 230 HUDSON STREET (RECORDING)
(NE 10TH ST. & NE 3RD AVENUE) HOBOKEN, NJ. 07030
E15' OF LOT 2, BLK 5, OSCEOLA J.L.& MARGARET PATTERSON $ 65.00
PARK, PB 3, P 2, PUBLIC (HUSBAND & WIFE) 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 4517 TENELLA ROAD (RECORDING)
(SE 5TH STREET) NEW BERN, NC. 28562
N127' OF W135' OF BLK 2, TOWN PERRY G. STOKES $108.00
OF DELRAY, PB 1, P 3, PUBLIC 1100 SW 4TH AVENUE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL. BUILDING 15, APT. A (RECORDING)
(714-716 NW 3RD STREET) DELRAY BEACH, FL. 33444
E5D' OF W583' OF S14D' OF JACQUEL DAWSON $ 60.00
N165' OF N 1/2 OF NW 1/4 OF C/O ANNAS RETREAT 50.00 (ADM. COST)
SW 1/4 OF NW 1/4, SUB OF SEC. ESTATE TUTU #E-7 (RECORDING)
17-46-43, PB 1, P 3, PUBLIC ST. THOMAS, VI 00801
RECORDS, PALM BEACH COUNTY, FL.
(NW 2ND STREET)
LOT 24, BLK A, WEST SIDE DURANTE-STROCK INC. $ 50.00
HEIGHTS, DELRAY, PB 13, P 61, 2160 W. ATLANTIC AVE.#100 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33445 (RECORDING)
COUNTY, FL.
(NW 9TH AVE & NW 2ND ST)
LOTS 19 & 20, BLK 8, ROSEMONT BETHEL EVANGELICAL $ 95.00
PARK, DELRAY, PB 13, P 60, CHURCH, INC. 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 809 SW 8TH AVENUE (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33444
(SW 7TH AVENUE)
-5- Res. No. 15-91
'"
·
S50' OF N250' Of E1351 OF BLK ERROL GAYLE $105.00
13, TOWN OF DELRAY, PB 1, P 3, 20 SW 6TH AVENUE 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 (RECORDING)
COUNTY, FL.
(SW 6TH AVENUE)
LOTS 32 & 33, BLK 15, TOWN OF VERA F. GIBSON $ 45.00
DELRAY, PB 13, P 18, PUBLIC P.O. BOX 66 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL. INKSTER, MI. 48141 ( RECORDING)
(SW 6TH AVENUE)
LOTS 32 & 33, BLK 32, TOWN OF ROGER JOHNSON $ 50.00
DELRAY, PB 6, P 97, PUBLIC 5628 BLUEBERY COURT 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL. LAUDERHILL, FL. 33313 (RECORDING)
(SW 5TH AVENUE)
LOT 49 & LOT 50/LESS S10', ANPE INC. $103.00
SUNSET PARK, PB 12, P 65, P.O. BOX 3215 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL.33424 (RECORDING)
COUNTY, FL.
(SW 10TH ST & SW 2ND AVE)
LOT 1,BLK 9, ATLANTIC GARDENS, ANNIE M. WATT $ 60.00
DELRAY, PB 14, P 63, PUBLIC MAGGIE L. WATT 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL. 245 SW 12TH AVENUE (RECORDING)
(SW 1ST ST & SW 11TH AVE) DELRAY BEACH, FL. 33444
LOT 19, BLK 10, ATLANTIC EVELYN CLINTON $ 42.00
GARDENS, DELRAY PB 14, P 63, 111 NE 16TH AVENUE 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL. 33435 (RECORDING)
COUNTY, FL.
(SW 10TH AVENUE)
S12' OF LOT 7 & LOT 8, BLK 19, GEZA M. GYORKY $ 54.00
TOWN OF DELRAY, (NOW KNOWN AS: P.O. BOX 2554 50.00 (ADM. COST)
MELVIN S. BURD SUB.) PUBLIC W. PALM BEACH,FL. 33402 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL.
(NW 5TH AVENUE)
LOT 3, BLK 25, TOWN OF DELRAY, LUCILLE H. KING $ 42.00
PB 5, P 2, PUBLIC RECORDS, C/O SARAH STILES 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 657 EAST 102 (RECORDING)
(NW 5TH AVENUE) CLEVELAND, OHIO 44108
LOT 4, BLK C, WEST SIDE HATTIE L. HARDWICK EST. $ 54.00
HEIGHTS, DELRAY, PB 13, P 61, C/O GEORGE QUAIL 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 302 BAINBRIDGE STREET (RECORDING)
COUNTY, FL. BROOKLYN, NY. 11233
(NW 10TH AVENUE)
-6- Res. No. 15-91
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LOTS 22 TO 26 INC., BLK 15, ALVAN E. MC FORD $ 59.00
TOWN OF DELRAY, PB 13, P 18, 17831 NW 47TH AVENUE 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH CAROL CITY, FL. 33055
COUNTY, FL.
(SW 7TH AVE & SW 3RD STREET)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-7- Res. No. 15-91
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~m - MEETING OF MARCH 13 I 1991
RESOLUTION NO. 16-91
DATE: March 7, 1991
This is a Resolution in opposition to the pending delegation agreement
between the Palm Beach County Department of Environmental Resources
Management (DERM) and the Florida Department of Environmental
Regulation which will turn over environmental permitting
responsibilities to DERM. This Resolution follows direction received
at your February 26th meeting.
Recommend approval of Resolution No. 16-91.
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RESOLU't'ION NO. 16-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
])ELRAY BEACH, FLORIDA, IN OPPOSITION TO THE PENDING
DELEGATION AGREEMENT BETWEEN THE PALM BEACH COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT
(DERM) AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
REGULATION (FDER) ; PROVIDING AN EFFECTIVE DATE.
WHEREAS, DERM and FDER are in the process of negotiating an agree-
ment which will turn over environmental permitting responsibilities to
DERM; and
WHEREAS, as a result of the proposed delegation of permitting
responsibilities, DERM will likely need to increase staffing resulting
in increased costs to the taxpayers to maintain the Department; and
WHEREAS, the County may provide local regulation over unincor-
porated areas by separate ordinance, however, municipalities may, and
often do, adopt their own environmental protection ordinances. DERM
proposes to force a broadening of its jurisdiction into municipalities,
thus creating yet another layer of government and bureaucratic cost; and
WHEREAS, further County tax increases necessary to provide for
services presently provided by the State is in contradiction to the
desire of taxpayer's of the County to reduce, not increase, County
taxes. State taxes will not decrease to compensate for the increase for
County taxes to support the County assuming a State responsibility; and
II WHEREAS, the City of Delray Beach does not know of, or has not been
given an opportunity to comment on this agreement; and
II WHEREAS, there is significant concern about consistency in applying
regulations. Florida Department of Environmental Regulations (FDER)
staff apply environmental rules evenly throughout the state since they
are controlled by one administration. Inserting another staff to deal
exclusively with Palm Beach County could lead to wide variations in
applying regulations throughout the state. This could lead to an
increase in legal appeals and possible weakening of environmental
regulation through the courts if application is found inconsistent; and
WHEREAS, historically, municipal governments such as the City of
Delray Beach have regulated their jurisdictions and the County has
handled the unincorporated areas. FDER has had authority over waters of
the State. This system has functioned efficiently and the concepts of'
"homerule" and "equal treatment under the law" were preserved. There is
no justification now to change the system and risk violating these
important concepts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. The City of Delray Beach opposes the delegation of
regulatory responsibility from the FDER (State) to DERM (County) .
Section 2. Further, we, the City Commission of the City of Delray
Beach, Florida, on behalf of the citizens of the City of Delray Beach,
Florida, request that the County Commission intervene to halt the
adoption of the DERM -- FDER Agreement and direct DERM to cease further
efforts to assume regulatory authority already provided by other govern-
mental agencies.
I Section 3. That this Resolution shall immediately upon passage be
communicated to the County Commission for Palm Beach County, Florida.
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II Section 4. That this Resolution shall be effective upon adoption.
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I PASSED AND ADOPTED in regular session on the 13th day of March,
1991-
MAYOR
/l.TTEST:
city Clerk
2 RES. NO. 16-91
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ,f1ìv1
SUBJECT: AGENDA ITEM # <¡ N - MEETING OF MARCH 13, 1991
RESOLUTION NO. 17-91
DATE: MARCH 8, 1991
This Resolution supports Palm Beach County's efforts, through the
submittal of a grant application to the Conservation and Recrea-
tion Lands (CARL) Program, Department of Natural Resources, to
obtain matching funds for the acquisition of the environmentally
sensitive tract known as Delray Oaks. This is a 22 acre parcel
located at the northwest corner of Congress Avenue and S.W. 29th
Street and is one of fourteen sites recommended for acquisition
by the Environmentally Sensitive Lands Acquisition Advisory
Committee in the event the March 12, 1991 Environmentally Sensi-
tive Lands Bond Issue Referendum is successful.
Should the Bond Issue Referendum not be successful, the County's
Environmental Resources Management Department has suggested that
the Commission still adopt the resolution as an indication of the
City's desire to see the property maintained as a high-quality
natural area. Alternate funding mechanisms for acquisition of
sensitive lands will continue to be pursued and the City's
support will be a matter of record.
Recommend adoption of Resolution No. 1 7-91.
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RESOLUTION NO. 17-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, IN SUPPORT OF PALM
BEACH COUNTY'S EFFORTS TO OBTAIN MATCHING FUNDS
FROM THE STATE CONSERVATION AND RECREATION LANDS
(CARL) PROGRAM, DEPARTMENT OF NATURAL RESOURCES,
FOR THE ACQUISITION OF AN ENVIRONMENTALLY
SENSITIVE TWENTY-TWO (22) ACRE TRACT OF LAND
KNOWN AS DELRAY OAKS, LOCATED AT THE NORTHWEST
CORNER OF CONGRESS A VENUE AND S.W. 29TH STREET,
IN THE CITY OF DEL RAY BEACH, FLORIDA.
WHEREAS, the twenty-two (22) acre tract of land known
as Delray Oaks, located in Section 30, Township 46 South, Range
43 East, has been determined to be one of the high quality
natural areas remaining in Palm Beach County¡ and,
WHEREAS, the Environmentally Sensitive Lands Acquisi-
tion Advisory Committee formed by the Board of County Commission-
ers of Palm Beach County has selected this site as one of four-
teen sites to be recommended for acquisition if the March 12,
1991 Environmentally Sensitive Lands Bond Issue Referendum is
successful¡ and,
WHEREAS, on January 30, 1991, the Palm Beach County
Department of Environmental Resources Management applied to the
State Conservation and Recreation Lands (CARL) Program, Depart-
ment of Natural Resources, for matching funds to acquire this
outstanding natural area¡ and,
WHEREAS, Palm Beach County's acquisition of this site
would result in the preservation of an environmentally sensitive
area and protect wildlife and endangered, threatened or rare
species on such land¡ and,
WHEREAS, the City of Delray Beach wishes to offer
public input to the Department of Natural Resources, Conservation
and Recreation Lands Program, supporting the desirability for
Palm Beach County to acquire the Delray Oaks property in the City
of Delray Beach,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach hereby
expresses its approval and support of Palm Beach County's efforts
through the submittal of a grant application to obtain matching
funds from the State Conservation and Recreation Lands (CARL)
Program, Department of Natural Resources, for the acquisition of
an environmentally sensitive twenty-two (22) acre tract of land
known as Delray Oaks, in Section 30, Township 46 South, Range 43
East, Palm Beach County, Florida, located in the City of Delray
Beach at the northwest corner of Congress Avenue and S.W. 29th
Street.
Section 2. That the City Manager or his designee is
authorized to meet and confer with Department of Natural Resourc-
es of the State of Florida and the Department of Environmental
Resources Management of Palm Beach County, their respective
administrators and staff, and to do all things necessary to carry
out the purposes and intent of this Resolution.
Section 3. That the City Clerk is hereby directed to
forward a certified copy of this Resolution to the Secretary of
the Department of Natural Resources and to its Administrator in
charge of the Conservation and Recreation Lands (CARL) program¡
to the Board of County Commissioners of Palm Beach County and the
I
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Director (}f the County's Environmental Resources Management
Department; and to all parties having an interest herein.
Section 4. That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 13th
day of March, 1991.
MAY 0 R
ATTEST:
City Clerk
- 2 - RES. NO. 17-91
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.,1~· d· f,. . . 2/21/91 TO: Mr. Harden ." .
uoar 0 ..County Commissioners P . bl d· t f M h County AdmlDlstrator
. oss~ e agen a ~ em or arc.
C I J El . Ch' Jan Winters
aro . mqUlst, aIrman .
Karen T. Marcus, Vice Chair c: Dav~d Kovacs
Carol A. Roberts
Ron Howard RAB Department of
Carole Phillips Environmental Resources
Management
February 18, 1991
,J !~
Mayor Thomas E. Lynch and Commission FEB 2 f 91
city of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Dear Mayor Lynch and Commission:
You probably are aware that d 22-acre tract of land known as Delray
Oaks, which is located within your municipality, has been
determined to be one of the high-quality natural areas remaining in
Palm Beach County. The Environmentally Sensi ti ve Lands Acquisition
Advisory Committee formed by the Board of County Commissioners has
chosen this site as one of the fourteen sites to be recommended for
acquisition if the March 12, 1991 Environmentally Sensitive Lands
Bond Issue Referendum is successful.
On January 30, 1991 the Palm Beach County Department of
Environmental Resources Management applied to the State
Conservation and Recreation Lands Program for matching funds to
acquire this outstanding natural area. The official support of
your municipal government through the passage of a resolution would
assist our efforts to obtain this funding. Enclosed is a
supporting resolution that the Department received from the Town of
Jupi ter in 1988, which may prove to be a helpful guide. Should you
have any questions regarding this matter, please contact David J.
Epstein at (407) 355-4011. Thank you for your support.
Si:Z~ 12
~chard E. Walesky, Dire
Environmental Resources
REW:DE
Enclosure
cc: (without enclosure)
Board of County Commissioners
Jan Winters, County Administrator
Robert Weisman, P.E.
Assistant County Administrator
3111 SOUTH DIXIE HWY.. SUITE 146
WEST PALM BEACH, FLORIDA 33405
(407) 355-4011
SUNCOM 273-4011
@ printed on recycled paper
~
RESOLUTIOIf RO. 19-89
A RBSOLUTION OF THB TOWB OF JUPITER. FLORIDA.
DIRECTED TO THE DBPARTKBNT OP NATURAL RESOURCBS OF
THB STATE or FLORIDA. BXPRESSING APPROVAL AIfD
SUPPORT FOR THB PROPOSBD ACQUISITION UND.a TBB
CARL PROGRAM OF A 270 ACR. PARCBL IDBHTIFIBD AS
THB JUPITER noos SCRUB, LOCATBD ON T.BS WEST SIDE
OF U.S. HIGHWAY ONB. IN TBE Ton OF JUPITBR.
OPPOSITB THB PALM BaACK COUNTY DIAMOKDHKAD/RADNOR
RECRBATIONAL TRACT.
WHEREAS. the Jupiter Ridge Scrub is a land area ot
approximately 270 acres containing high quality scrub and lIIangrove
ecosystems, located in Sections 8 and 17. Township 41 South. Range 43
East, Palm Beach County. Florida. in the Town of Jupiter; and.
WHEREAS, the Department of Natural Resources, through the
Florida Natural Areas Inventory. has recently proposed to include
said lands on the Conservation and Recr..tion Lands (CARL) Iht for
acquisition by the State under the CARL Program; and.
WHEREAS, the State's acquisition of this site would result
in the preservation of an area ecologically significant to
maintaining viable populations of scrub jay. four-petal pawpaws. and
other endangered. threatened. or rare species; and.
WHBREAS, the Town of Jupiter wishes to offer pUblic input
to the Department of Natural Resources supporting the desirability
for the Department to acquire the Jupiter Ridqe Scrub property in the
Town of Jupiter: NOW THEREFORB.
BE IT REsOLVED BY THE TOWN COUHCIL
OP THB TOWN OF JUPITBR, FLORID~:
Section h The Town of Jupiter hereby expresses its approval
and support to the Department of Natural Resources of the State of
Florida for the proposed acquisition under the CARL Program of a 270
acre parcel identified as the Jupiter Ridge Scrub. in Sections 8 and
17, Township 41 South, Range 43 East. Palm Beach County. Florida.
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located in the Town of Jupiter, on the west side of U. S. Hiohway
One. opposite the Palm Beach County Diamondhead/Radnor Recreational
Tract.
se.ction h The Town Hanaoer ill authorized to lIIeet and canter
with Department of Natural Resources of the State of Florida and the
Department of Environmental Resource Management of Palm Beach County.
their respective administrators and atatt, and to do all things
necessary to carry out the purpose. and intent of this Resolution.
Section L. The Town Clerk is hereby directed to forward a
certifi~d copy of this Re90lution to the Secretary of the Department
of Natural Resources and to its Administrator in charge at the
Conservation and Recreation Lands (CARL) Program: to the Board ot
County Commissioners of Palm Beach County and the Director of the
County's Environmental Resources Management Department: and to all
parties having an interest herein.
Section .L. This Resolution shall take effect illUllediately upon.
adoption.
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The fore90in9 ae.olution ya. offered by Council aeaber ~J
/J1 <! (#;V!7" Lr ' yho aoved it. adoption. The aotion ya.
r9~~~ &y~
.econded by Council a..ber , and upon bein9
put to . roll call vote, the vote ya. a. folloy..
Aye Way
MAYOR, MARY D. BINTOW -+- -
VICE-HAYOR, DONALD L. OSHA .4- -
COUNC ILMAN ~ lOBElT 1. CRAPKAH -Á- -
COUMCILWOKAN, lAlEN J. GOLONKA ~ -
COUNCILMAN, THCHAS J. McCARTHY .A..
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The Mayor thereupon declared the fore90in9 Re.olutioft duly passed
and adopted thb 7~ day of /?1tT~ , 19JT? .
TOWN OF JUPITZR, FLORIDA
(TOWN S!AL) ~~
IY. MARY ~1HTOW' III. 1'OR
ATT!ST.
J!A
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~
SUBJECT: AGENDA ITEM 41: 8"0 - MEETING OF MARCH 13, 1991
RESOLUTION NO. 18-91
DATE: MARCH 8, 1991
This item is on your agenda for formal adoption as directed at
the March 5th workshop meeting. The resolution establishes the
Kids and Cops Committee as a formal City advisory board.
Recommend adoption of Resolution No. 18-91.
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RESOLUTION NO. 18-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DEL RAY BEACH, FLORIDA, ESTABLISHING THE KIDS AND COPS
COMMITTEE AS AN ADVISORY BODY TO THE CITY COMMISSION¡
PROVIDING FOR SUCH COMMITTEE'S COMPOSITION, TERMS, THE
FILLING OF VACANCIES, RATIFICATION OF SELECTIONS BY
THE CITY COMMISSION, DIRECT REAPPOINTMENTS, AND
MEETING CRITERIA¡ PROVIDING FOR THE DUTIES AND
RESPONSIBILITIES OF THE COMMITTEE; PROVIDING FOR
STAFFING FOR PROGRAM ACTIVITIES; PROVIDING FOR
RECRUITMENT OF PARTICIPANTS; PROVIDING FOR THE
AUTHORITY OF SAID COMMITTEE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Conunission of the City of De1ray Beach,
Florida, recognizes the need to strengthen the relationship between the
local youth of our conununity and members of the Delray Beach Police
Departrnen t; and,
WHEREAS, the City Conunission has heretofore demonstrated its
conunitrnent to providing and encouraging an alternative for the local
youth of our conununity from engaging in criminal behavior (street crime,
drug use, etc.) through the establishment of a "Kids and Cops" program
as an ad hoc conunittee in May, 1989; and,
WHEREAS, the City Conunission wishes to assist in giving the
local youth of our conununity the opportunity to take part in
constructive and enjoyable activities,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there is hereby established the KIDS AND COPS
COMMITTEE as an advisory body to the City Conunission..
Section 2. That said Kids and Cops Conunittee shall consist of
a membership to be selected as follows:
(A) A representative from the Parks and Recreation Department,
as designated by the Director of Parks and Recreation;
(B) A representative of the Delray Beach Police Department, as
designated by the Chief of Police;
IC) A representative of the Fraternal Order of Police (FOP) ,
as designated by the President of the FOP;
(D) A Clergy representative, as designated by the membership
of the Ministerial Association;
(E) A representative from each of the following schools, as
designated by the respective School Principals:
(1) Pine Grove Elementary
(2) S.D. Spady Elementary
(3) Plumosa Elementary
(4) Banyan Creek Elementary
( 5) Carver Middle School
(6) Atlantic High School;
(F) A Youth representative, as designated by the Student
Council of Atlantic High School;
(G) A Citizen-at-large representative, as may be designated by
a conununity civic organization interested in the
enhancement of the program.
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Section 3. That the members of the said Kids and Cops
Committee shall serve two (2) year, staggered terms.
Section 4. That if a vacancy should occur on said Kids and
Cops Committee, said vacancy shall be filled by selection by the person
who selects members for each group, and the said selection shall serve
for the unexpired term of the member position which was vacant.
Section 5. That the City Commission of the City of Delray
Be ach, Florida, shall have the authority to approve and ratify all
selections to membership on the Kids and Cops Committee, and the City
Commission shall have the authority to remove any member of the Kids and
Cops Committee from said position whenever a majority of the city
Commission votes for such a removal.
Section 6. That members of the Kids and Cops Committee may be
re-selected for one additional term so that no member of the Kids and
Cops Committee shall serve more than two 2-year terms.
Section 7. That the Kids and Cops Committee shall hold
meetings on a regular basis at least once monthly, which meetings shall
be open to the public, minutes shall be kept of all such meetings, and
any special meetings, with copies of said minutes, and any other
reports, to be transmitted to the City Commission and the City Manager
of the City of De1ray Beach, Florida.
Section 8. That the duties and responsibilities of the Kids
and Cops Committee shall be as follows:
(A) The Kids and Cops Committee will be responsible for
program development. The program will be implemented by
the Delray Beach Police Department under the guidance of
the Kids and Cops Committee.
(B) Program activities will include educational activities,
field trips, counseling, special events, and athletic
activities.
(C) Through selected program activities, the Committee's
duties will be to strengthen the relationship between the
local youth of our community and members of the De lray
Beach Police Department.
(D) The emphasis of the program will be to instill upon the
local youth of our community methods of improving their
quality of life by discussing such topics as education,
personal responsibility, building self-esteem,
consequences and alternatives to crime and drugs.
Section 9. That staffing for program activities will consist
of volunteer Police Officers numbering no more than ten (10) officers
during anyone time. Assignments will be made in conjunction with
individual interests and endorsed by the Kids and Cops Committee. These
officers will serve as role models, instructors an counselors to the
youth representative involved in the program.
Officers will be selected through a process established by the Chief of
Police or his designee. Compensation will be in the form of
compensatory time at the rate of 1-1/2 hours for each hour worked with a
maximum of five (5) hours per week for any officer. Hours worked in a
shift will be considered work related time.
-2- Res. No. 18- 91
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Section 10. That recruitment of participants for the program
will be done by the Kids and Cops Committee in conjunction with
recommendations from the Police Department. Possible resources will
include referral from churches, schools, the Parks and Recreation
Department, and citizens.
Section 11. That the Kids and Cops Committee is authorized and
encouraged to review matters which are of City-wide concern, including
but not limi ted to the relationship between the local youth of our
community and the Delray Beach Police Department to identify any
concerns and problems of a City-wide basis, to suggest to the City
Commission certain specific programs, guidelines and outlines to address
these identifiable problems, which programs would serve to promote
harmony and communication between the youth of Delray Beach and members
of the Delray Beach Police Department, and to sponsor activities within
the community which shall also serve to promote such harmony and com-
munication.
Section 12. That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the
day of , 1991.
MAY 0 R
ATTEST:
City Clerk
- 3 - Res. No. 18-91
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 8P - MEETING OF MARCH 13, 1991
AWARD OF BIDS AND CONTRACTS
DATE: March 7, 1991
This item is before you for award of the following bids and contracts:
1. Subaqueous Crossing/Intracoastal Waterway- Environmental
Services-Ric-Man International, Inc. in the amount of
$423,020.50 with funding from East Atlantic Subaqueous Crossing
(Account No. 447-5174-536-61.87/ Balance $550,000).
2. S.E. Transmission Main- Environmental Services- ManCon, Inc.
including deductive alternate number 2, in the total amount of
$804,655.35 with funding in the amount of $107,809 from Miller
Park Storage Tank Engineering (Account No. 441-5181-536-69.01).
Account balance $124,000. And funding in the amount of
$696,846.35 from 1991 Water and Sewer Revenue Bond (Account No.
447-5174-536-61.41) . Account balance $875,000.
3. Fire Hydrant Installation- Tropic Palms Subdivision- A.O.B.
Underground, Inc. in the amount of $32,063 with funding from
Water and Sewer Distribution Systems (Account No.
441-5161-536-60.68). Account balance $261,786.09.
4 . Toro 72" Riding Mower- Parks and Recreation- Hector Turf (GSA
contract) in the amount of $12,615.78 with funding from Parks
Equipment Other (Account No. 001-4131-572-60.89). Account
balance $17,893. Amount budgeted $10,100.
5. Rental Rehabilitation- 201 N.E. 1st Avenue- Gamzo, Inc. in
the amount of $15,472. Matching grant program City's share
$7,736 with funding from Community Development Block Grant
Housing Rehab (Account No. 118-1975-554-60.23) . Federal Grant
Funded program. Account balance $30,251.90. City Manager
recommends approval.
6. Fire Department Uniforms- Fire Department- Harrision Uniform
($19,320.73) and Martin Lamar Uniforms ($2,941) with funding from
Fire/EMS Operations-Uniforms (Account No. 001-2315-526-33.48).
Account balance $38,852.56.
Recommend approval of the award of bids and contracts as indicated
above.
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Agenda Item No. :
AGENDA REQUEST
\
Date: 3/5/91
Request to "be placed on:'
X Regular Agenda Speciàl Agenda Workshop Agenda
When: 3/12/91
Description of agenda item (who, what, wherel how much):
Request City Commission to approve Contract Award to Ric-Man International, Inc.
in the amount of~423,020.50 for the 16 inch Subaqueous Transmisßion Main. Environ-
mental Services Project #90-59. Bid #91-24.,
Funding Source 441 5181 536 69.03 1/""/ -::'1 ~>..! - 5'"?c. - hi, II'
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval contract award to Ric-Man
International, Inc. in the amount of $423,020.50 for the S.E. 1st Street 16
;.., inch Subaqueous Transmission Main.
.-.....--
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
"f'
City Attorney Review/ Recommendation (if applicable) :
Budget Director Review (required on all iteas involving expenditure
of funds):
~.
Funding available: ,. Y~S/ NO
Funding alternatives: (if applicable)
Account No. & Des~iPtion: 441 5151 3j6 69.03-
Account Balance: .550. ooD 4~·r r- /~ - r ", . -
,II' r' 3h - ,'_ov; I
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City Manager Review: Þ \
6\èJí I\il ÇI!µf~,:[r'l( i' ~. I
- @NOf10 "1---\ ,(,..-'
¡ Approved for agenda:
Hold Until: . .
/ "
Agenda Coordinator Review:
-.---.
Received:
Action: Approved/Disapproved
I
MEMORANDUM
TO: David T. Harden
City Manager
THRU: William H. Greenwood
Director of Environmental Services
FROM: George Abou-Jaoude
Dep. Dir. of Environmental Services/
Capital Projects
SUBJECT: 16 INCH SUBAQUEOUS TRANSMISSION MAIN
PROJECT # 90-59
BID # 91-24
DATE: March 6, 1991
Attached please find a copy of the bid tabulation for the
above referenced project.
The bids were reviewed by the City's consultant, Post
Buckley, Schuh and Jernigan. Our staff has reviewed PBS&J
recommendation and has no problem awarding the contract to
RicMan International, Inc. for the amount of $423,020.50
GAJ/gm
Att:
cc: Mark A. Gabriel, P.E. , Asst. Dir. of Environmental
Services/City Engineer
Ted Glass, Purchasing Director
Susan Ruby, Asst. City Attorney
Cheryl Leverett, Admin. Asst. III/Records Retention
File; 16 Inch Subaqueous Transmission Main
Project # 90-59
File; Memos to City Manager
File; a:ga16sub
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F(C& ~ () -- 0 Y. !B p
90 - s-'1, <B
POST, . ENGINEERJNG
BUCKLEY, PLANNING
SCHUH &..
JERNIGAN, INC.
February 20, 1991
Mr. William H. Greenwood
Director of Environmental Services
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, Florida 33444
Subject: City Bid No. 91-24 - 16" Subaqueous Transmission Main
City Bid No. 91-25 -16", 20", 24" Southeastern Transmission Main
Dear Mr. Greenwood:
We have reviewed the bids submitted for the two referenced projects. Bid tabulation
sheets are attached for your review. The lowest base bids were submitted by:
/' 16-Inch Subaqueous Transmission Main (91-24)
Ric-Man International, Inc.
Base Bid $423,020.50
16, 20, 24-Inch Southeastern Transmission Main (91-25)
A.O.B. Underground, Inc.
Base Bid $933,133.86
Both of the low bidders meet the requirements of the Contract Documents. It is our
understanding that the City wishes to contract for the base bid services without the
deductive alternates. Based upon this and several reference checks, we recommend that
the City award to the above listed contractors for the respective projects. Please call if
you have any questions or wish to discuss further.
Sincerely,
POST, BUC~EY, SCHUH & JERNIGAN, INC.
~.~ ~~',--\
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(' ("'. "
rdYenneth E. Wilson, P .E.
Regional Water/Wastewater Manager 0Y" ~~ \\)
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KE W /rc ~~ \
cc: Mark Gabriel
George Abou -J aoude
Rich Voorhees
07 -153.02
07 -154.02
tm:ENV103:E2/1 5300 w, CYPRESS STREET. SUITE 300, TAMPA. FLORIDA 33607-1066
TEL: (813) 877-7275' FAX: (813) 873-0179 or (813) 286-1207
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I NOTE TO BIDDER: Use preferably BLACK ink for completing this Bid
I form.
BID
I To: Purchasing Officer
City of Delray Beach, Florida
I Address: 100 N.W. 1st Avenue
Delray Beach, Florida 33444
f Project Title: 16-Inch Transmission and Subaqueous Water Main
.
City Project No.: 91-24
PBS&J - ,
Project No.: lO-276.20
Bidder's company name person to contact for additional information
on this Bid:
Name Company: Ric-Man International, Inc
Contact Person: David A. Mancini
Telephone: (05) 974-6960
BIDDER'S DECLARATION AND UNDERSTANDING
The undersigned, hereinafter called the Bidder, declares that the
only persons or parties interested in this Bid are those named
herein, that this Bid is, in all respects, fair and without fraud,
that it is made without collusion with any official of the Owner,
and that the Bid is made without any connection or collusion with
any person submitting another Bid on this Contract.
The Bidder further agrees that he has exercised his own judgment
regarding the interpretation of subsurface information and has
utilized all data which he believes pertinent from the Engineer,
Owner, and other sources in arriving at his conclusions. \
The Bidder further declares that he has carefully examined the
Contract Documents for the construction of the project, that he has
personally inspected the site, that he has satisfied himself as to
the quantities involved, including materials and equipment, and
conditions of work involved, including the fact that the description
of the quantities of work and. materials, as included herein, is
brief and is intended only to indicate the general nature of the
work and to identify the said quantities with the detailed
1 ì BID
,
,-- r: 0:U 1 ;)/91 IJõ:::>-¿ "~'li\JlZ4::S" 3T14 ' C1TY /DELRA Y·"BClf ,. ~_.. ~ -
,003
requirements ot the Contract Documents, and that this Bid is made
accordinq to the provisions and under the terms of the Contract
Documents, which Documents are hereby made a part of this Bid.
CONTRAtT EXECUTIO~ AND BONDS
The Bidder agrees that if this Bid is accepted, he will, ~ithin
10 working days ~fter receiving noticè of award, Bign the Contract
in the form annexed hereto, and will at that time, deliver to the
OWner the Performance Bond and Payment Bond required herein, and
will, to the e~tent of his Bid furnish all machinery, tools,
apparatus, and other means of construction and do th~ work and
furnish all the materials necessary to complete all work as
specified or indicated in the Contract Documents.
CERTIFICAtES OF INSU~
Bidder a9rees to furnish the Owner, before commencing the work under
this Contract, the certificates of insú"rance as specified in these
Documents.
Bidder further a9rees that the lump sum amount stated herein
includes specific consideration for the insurance coverages,
including contractual liability, specified in the Contract
Documents.
START OF CONSTRUCTION AND Ç9NT~AÇT COMPLETION TIME
The Bidder further agrees to begin work within 10 working days after
the date ot the Notice to proceed and to complete the construction,
in all respects, within 160 calendar days after Notice to Proceed.
LIQUIDATED DAMAGES
In the event the Bidder is awarded the Contract and shall fail to
complete the work within the time limit or extended time limit
agreed upon, as more particularly set forth in the Contract
Documents, liquidated damages shall be paid to the OWner at the rate
of $100.00 per day for all work awarded under one contract until the
work shall have been sAtisfactorily completed as provided by the
Contract Documents.
ADDENDA
The Bidder hereby acknowledqes that he has received Addenda Nos.
\ ,~, , , , ,
(Bidder sha11 insert No. of each Addendum received) and agrees that
all addenda iS$ued are hereby made part of the Contract Documents,
and the Bidder further agrees that his Bid(s) includes all impacts
resultinq from said addenda.
2 aID
" ,
SALES AND USE TAXES ,
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The Bidder agrees that all federal, state, and local sales and use taxes are included in the I
stated bid prices for the work.
TOTAL BASE BID PRICE
The Bidder agrees to accept in full compensation therefore the total of the lump sum
prices and extended unit prices for the items named in the attached schedule. It is
understood that the unit prices quoted or established for a particular item are to be used
for computing the amount to be paid to the Contractor, based on the quantities actually
constructed as determined by the applicable measurement and payment portion of the
technical specifications.
.
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--------------
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TOTAL BASE BID PRICE: Note: This total represents the sum of the prices shown in
Column VI on page 4 to 6. Should the Bidder make any error either in multiplying
Columns IV and V together in determining a line item total under Column VI or in the
summation of the line item total under Column VI on Pages 1 to 4, the correct
multiplication and/or summation, if discovered, will be used by the City in determining the
Bidder's Total Base Bid Price; provided, however, the City shall not be liable for any
failure to discover any such errors.
TRENCH SAFETY S YS1'EM(S)
Bidder acknowledges that included in the various items of the proposal and in the Total
Base Bid Price as indicated in the Bid Form are costs for complying with the Florida
Trench Safety Act which is in effect as of October 1, 1990. The bidder further identifies
the cost to be $ (this blank to be filled by bidder). This cost is
itemized below. ·
1. Trench Safety System - OSHA Compliance
(2000) LF $ /100 One Dollqy / fõof- $ 2,000-
System to be used: 5/ope. f6a.n ~s
2. Trench Safety Special Shoring Requirements
(SYÎt~nd square fOO:2i:ti}¡ to be identified by Bidder.) 1 _
Å áir ) SF $ ].,3 $ .e> 't f; () to.F
4-
System to be used:
"The Bidder further agrees that he has exercised his judgement and other sources in
arriving at his conclusions." (Note: If trench work is not a part of the work for this
project, enter 0 for quantities and cost.)
The Bidder further agrees, as evidenced by signing the Proposal, that if awarded a
Contract, the Florida Trench Safety Act and applicable trench safety standards will be
complied with.
DEDUCTIVE ALTERN A 1'IVES
The Owner wishes to proceed with the more critical components of this Project. If the .
Total Base Bids received from all of the bidders are substantially higher than the Owner's
budgetary and bonding constraints, some major items of the Project may have to be
deleted from the Project, in an effort to meet these constraints. The bidder shall provide
a deductive amount for each item listed and described below. The Owner will then
compare Adjusted Bid Prices for all of the bids received after deducting one item, a
combination of items in order listed, or all of the items with deductive amounts listed
below. The comparisons will be made to provide the maximum facilities and equipment
for the Project at the lowest total Adjusted Bid Price. The deductive alternate items
shall be as follows:
I:
I:
!i
7 BID
~'"' 'Y.n.>- ; ~-.\JU -U"i\:" 1 z.qj Slï4. CI TY /DELRA Y BCH. ~(1I1~
1. Construction of lô-lnch water trlinsmission main Crorn station 0+98 to station
I 11 +68 including all excavation, backfill, beðding, pavement replacement,
I piping, val"es, fittings, connections, trench sorety, and other appurtenances
required to perform the work, anò Ineluded In the Total Base Bid.
$ / / iJ /~)OO 01)
Deductive Amount
All final permits have not been issued Cor this project. A permit condition
may require the Contractor to remove and temporarily store (outside of the
water) material excavated from the subaqueous are8S of construction. The
Contractor shall Include in his base bid the cost for all labor, equipment,
turbidity control, and any other appurten8nces necessary to comply with this
possible permit condi tion.
.
2. In the event final permits allow Cor the temporary storage of excavated
material to be placed along side the trench beneath the water surface, the
Contractor shall deduct from his Total Base Bid the following amount.
Deductive Amount $?\tìm-
r
SUBCONTRACTORS
~
The Bidder further certifies that the following subcontracting firms or businesses will be
awarded subcontra~ts for the fOllowing portions of the work in the event that the Bidder
is a.warded the Contract:
8 BID
'"
Work description
\.- c.. . P;oc1l'A )
Name J
, ,,~~
Street City State Zip
Work description
Name
.
, ,
Street City State Zip
Work description
Name
:
, ,
Street City State Zip
Work description
¡'
Name ~
~
, , t
Street City State Zip
SURETY ,
f'
If the Bidder is awarded a construction Contract on this Bid, the
Surety who provides the Performance and Payment Bonds will be
Fidelity and Deposit Companv of Maryland whose address is
Agent:
Zervos Agency. Inc. P .0. Box 28(}', Southfield , Mi 48037
Street City State Zip
- 9
BID
.
.
BIDDER
The name of the Bidder submitting this Bid is
Ric-Man International. Inc. doing business at
1851 N. Power1ine Road , Pompano Beach , F1 33069
Street City State Zip
which is the address to which all communications concerned with this
Bid and with the Contract shall be sent.
The names of the principal officers of the corporation submitting
this Bid, or of the partnership, or of all persons interested in
this Bid as principals are as follows:
David A. Mancini. President Daniel C. Mancini. Vice-President
Richard tl'JaI1.cini. Vice-President Lisa M. Jankowski , Treasurer
Scott T. Vbod. Secretary
(
....~
tj If Sole Proorietor or Partnership
/ ;,.
~~.
'f IN WITNESS hereto the undersigned has set his (its) hand this
~,
c;§I day of 19
,~ .
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Signature of Bidder
Title
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10 BID
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I IN WITNESS WHEREOF the undersigned corporation has caused this
instrument to be executed and its seal affixed by its duly
authorized officers this 15 day of February 1991 .
I , (SEAL)
1 (
By
h .
-~
¡ff, ~. ~, retary
I ,~'. ..----- / Scott T. \<bod
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SWORN STATEMENT UNDER SECrION Z87.l33(3)(a),
FLORIDA STATUTES, ON PUBUC ENTI1Y CRIMES
I TIllS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUDUC OR OTHER OFFICER
AlITHORIZED TO ADMINISTER OA TUS.
I 1. This sworn s~temeOl IS submitted with Bid. Proposal or Contract No. 10-276.20
16-inch Transmission and Subaqueous Water Main
for
......
I 2- This sworn s~tement is submitted by R;r-Nbn Tnrprn~r;nn~l Tnr
[name of entity submitting SWOrD statement]
I whose business address is 1851 N. Power1ine Road, Pornoano Beach
Fl()r;rì~ 33069 and
I (i{ applicable) its Federal Employer ldenùficaúon Number (FEIN) is 59-2300398
.
(If the enúly has n'O FEIN. include the Social Securily Number of the individual signing this sworn
I N/A
s~tement: .)
3. My name is David A. Mancini and my relationship to the
I [please print name or individual signing)
entity named above is President
t 4. I unders~nd that a ·public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statu,es.
means a violation of any state or federal law by a person with respect to and directly related to the
transzction o{ business with any puoiic entity or with an agency or political subdivision o{ Iny other
state ~. ·..'Ìth the United States, ¡;'~\1ding. b"t úú¡ ¡waitCö: ¡v, ¡Ii, t¡.: or contract for goods or
I services to be provided to any public entity or an agency or political subdivision of any other state
or o{ the United States and involving antitrust, fraud. theft. bribery, collusion. racketeering,
conspiracy, or material misrepresentation.
,
'I s. I understand that ·convicted· or ·conviction· as defined in Paragraph 287.133(1)(b). Florida Statutes,
means a finding of guilt or a conviction of a public enúty crime. with or without an adjudicaúon of
guilt. in any federal or Slate trial court o{ record relating to charges brought by indictment or
information after July 1. 1989, as a result of a jury verdict. nonjury trial, or entry o{ a plea of guilty
or nolo contendere.
6. I unders~nd that an "affiliate" as defined in Paragraph 287.133(1)(a), Ftorida Statutes. means:
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An enúly under tbe control o{ any oaturaJ person who is active in the management of the
entity and who has been convicted o{ a pubUc enúty aime. The term ·affiliate" includes those
officers, direaors, executives, partners, shareholders, employees, members, and agents who are active .
in the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person. or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shaU be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who bas been
convicted of a public entity crime in Aorida during the preceding 36 months shall be considered an
a(filia te.
7. I unders~nd that a ·person" as defined in Paragrapb287.133(1)(e), Florida Statutes. means any
natural person or entity organized under the laws o{ any s~te or of the United S~tes with the legal
power to enter into a binding contract and which bids or applies to bid on contracts for the provision
o{ goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term -person- indudes those officers, directors, executives, partners,
shareholders, employees. members. and agents wbo are active in management of an entity.
8. Based on informaúon and belief. the statement whicb I have marked below is \rUe in relaúon to the
enúty sUbrnitÚDg this sworn SlatemenL [pteøe indicate which statement appUes.]
1
,
xx Neither the entity subQlitting this sworn statement, nor any officers, directors, executives,
partners, sna~eholders. emp~, members, or agents .who are active in management of the entity,
nor any affiliate of the cnuty have been charged With and convicted of a public entity crime
subsequent to July I, 1989.
...
The entity submitting this sworn statemcnt. or one or more of the officers, directors.
ëXëCütives. panners. shareholders, employees. members. or agents who are aaive in maøagement of
the entity, or an alllliate of the entity bas been charged with and conviaed of a public entity crime
subsequent to July I, 1989, AM2 [Please indicate wbIcb addltloaal atatemeat appUea.]
_ There bas been a prooecdinc ooncerning the conviction before a bearing omcer of
the State of Florida, Division of Admìni~uative Hearings. The tinal order entered by tbe
hearing officer did not place the person or affiliate on the convicted vendor list. {Please
attach a copy or the Onal order.]
_ The person or affiliate was placed on the convicted vendor list. There bas been a
subsequent proceeding before a bearing omcer of the State of Florida, Division of
Administrative Hearings. The final order entered by the bearing officer determined that it
was in the public interest to remove the perSon or affiliate from tbe convicted vendor list.
(Please attach . copy or the final order.]
_ The person or affiliate bas DOt been placed on the convicted vendor list. [Please
describe Dny action taken by or pending with the Department or General Sen1œs.)
xOL -
David A. Mancihfgnature) President
Date: February 15, 1991
STATE OF Florida
COUNTY OF Broward
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
David A. Mancini
[name of individual signing}
in the space provided a~Rthi£_ ]') \
~,-
NOTARY PUBUC -. ----
My ~mmission expires: .
tk', ~!::~,;í(, State d Flond.
. [. "':' 199\
My (ç:;-:'.,'" -r.:" 'r,[ne~ . c ::.. ,
c·...ncc _ : ,,, . ,I i __. .,,~,-, ,f,o,;,
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Form PUR 7068 (Rev. 11189)
2
I
FLORJD~ UQ....80~
BOND NO.
AMOUNT: $ Sio of Total Arrotmt Bid
'" L bd
KNOW ALL MEN BY THESE PRESENTS, that Ric-Man International, Inc.
't _
H
hereinafter called the PRINCIPAL, and Fidelity and Deposit Company of
Maryland
a cQrporation duly organized under the laws of the State of Maryland,
havinq its principal place of business at: 210 North Çharles Street, ""--
Baltimore in the State of Mar~land
and authorized CO do busIness 'in the State of Flori a, as SURET¥;
are held and firmly bound unto the City of Delray Beach, Florida,
hereinafter called the OBLIGEE, in the sum of Five Percent ( 5%) of
Amount of Bid---------------------------DOLLARS (s 5% of Bid ) ,
tor thë páymênt of which we bind ourselves, our heirs, executors,
administrators, successors, and assi9ns, jointly and severally,
firmly by these presents.
THE CONDITION OF 1HIS BOND IS sues THAT:
WHEREAS, the PRINCIPAL is herewith submitting his or its aid for
1611 Tr~~i 5si on and Subaqueoli~, Water Mai n ."......
said Bid, by reference thereto, Deín9 hereby made a part hereo!.·
.
1 BIO BOND
.
·
WHEREAS, the PRINCIPAL contemplates submitting or has submitted a
bid to the OBLIGEE for the furnishing of all labor, materials
(except those to be specifically furnished by the Owner), equipment,
machinery, tools, .apparatus, means of transportðtion for, and the
performance of the work co~ered in the Bid and the detailed Drawinqs
and Specifications, entitled:
16.Inch Transmission and Subaqueous Water Main
WHEREAS, it was a condition precedent to the submission of said bid
that a cashier's check, certified checK, or bid bond in the amount
of 5 percent of the base bid be submitted with said bid as a
quarantee that the Bidder would, if awarded the Contract, ente~ into
a written Contract with the Owner for the performance of said
Contract, within 10 workinq days after written notice having been
given of the award of the Contract.
NOW, THEREFORE, the conditions of this obligation are such that if
the PRINCIPAL within 10 working days after written no~ice of such
acceptance, enters into a written Contract with the OBLIGEE and
furnishes the Performance and Paymen~ Bonds, each in an amount equal
to 100 percent of the base bid, satisfactory to the Owner, then this
obligation shall be void: otherwise the sum herein stated shall be
due and payable to the OBLIGEE and the Surety herein agrees to pay
said sum immediately upon demand of the OBtIGEE in 900d and lawful
money of the United States of America, as liquièated damages for
failure thereof of said PRINCIPAL.
Si9ned anå sealed this 15th day of February 19 91 .
. -
Ric-Man International, Inc.
PRINCIPAL
BYX£_
Davi .. Mancini, President
Fidelity and Deposit
.C9mpan~ of Maryl and . .....A lT .J
SURETY
~fl[tL f( ~ By d¡?Æ~~,
J K. Pepper e i ent Agent 'Attorney-In-Fact, S.P. Humenchic
,
,It *' *' *' . *'
:2 BID BOND
·
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, SAl nMOllE, ^'"
K;\¡OW ALL ME;\¡ BY THESE PRESENTS: That me FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of me
State of Maryland. by R. W. BUDDENBOHN ,Vice-President, and M. J. SCHNEBELEN ,
Assistant Secretary, in pursuKnce of authority granted by Article VI, Section 2, of the By·Laws of said Company. which are set
forth on the reverse 8ide hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate.
constitute and appoint John E. Zervos, Michael E. vas, G . Zervos, S. P. Humenchick,
Maria J. Griffin, Phyllis L. Dobbins and a As an, all of Southfield,
n t e execution of such bonds or undertakings in ~ ce of t~sents. 8hall be 88 binding upon said Company, as fully
and amply, to all intents and purpoeel, as if they n duly and acknowledged by the regularly elected office" of
the Company at it! office in Baltimore. Md., . own pr~~ ns.This power of attorney revokes that
issued on behalf of John E. Z , etal~ted, November 4, ]986.
The said Assistant Secretary does hereby tha~the~t set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said C~mp . d is no rce.
IN WITNESS WHEREOF. the said V' ident a . stant Secretary have hereunto 8ubscribed meir names and affixed the
Corporate Seal of the said FIDELI DEPO~<" ANY OF MARYLAND, this 11 th day of
September . A.D. 19_ ,,~
.~~ FIDELITY AN~IT COMPAi"iY OF MARYLAND
ATIE5T:\t~;~~__.~:~. _ /i:th!:~By._..__.çz__0L_..~
is~1Ìuy Viœ-Preøident
STATE OF MARYLA.I\iD ,
CITY OF BALTIMORE \ ss:
On this 1 ! th day of September , A.D. 1987 , before the subscriber. a Notary Public of the State of
Maryland. in and for the City of Baltimore. duly commissioned and qualified, came the above-named Vice-President and Assi8tant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. to me personally known to be the individuals and office"
described in and who executed the preceding in8trument, and they each acknowledged the execution of the same. and being by
me duly sworn. severally and each for himeelf deposeth and saith. that they are the said officers of the Company aforesaid. and
that the seal affixed to the preceding instrument is the Corporate Seal of said Company. and that the said Corporate Seal and their
~ignatures as such office" were duly affixed and subøcribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore. the day and
ym fint.oo" written. ~~ )
Notary nblk ~ .- ~ Exp;", Julv I. 1990
CERTIFICATE
I, the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. do hereby certify that
the original Power of Attorney of which the foregoing is a full. true and correct copy. is in full force and effect on the date of this
certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-
Presidents specially authorized by me Board of Directors to appoint any Attorney-in-Fact a8 provided in Article VI, Section 2, of
the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by faCtlimile under and by authority of the foUowing resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July. 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made
heretofore or hereafter. wherever appearing upon a certified copy of any power of attorney issued by the Company. shall be valid
and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed me corporate seal of the said Company, this 15 t h
day of February , 19 91.
068-6175 ()/!.~L "--J-.,,.; ~ 'ß-.
A.wstan taly
,
-, '
.
EXTRACT FROM BY-LAWS OF FIDEUTY AND DEPOSIT COMPANY OF MARYLAND
.. Article VI, Section 2. The ChaÎnnan of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-
Presidents or Vice-Presidents specially authorized 80 to do by the Board of Directors or by the Executive Committee, shall have
power, by and with the concurrence of the Secretary or anyone of the AøøÌ8tant Secretaries, to appoint Resident Vice-Presidents,
AøøÌ8tant Vice-Presidents and Attorneys-in-Fact as the busineøø of the Company may require, or to authorize any person or persons
to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds,
and releases and aøøÏgnments of judgements. decrees, mortgages and instruments in the nature of mortgages" , ,and to affix the
&eal of the Company thereto."
L1428b
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Agenda Item No. :
AGENDA REQUEST
\
Date: 3/5/91
Request to 'be placed on:'
X Regular Agenda Speciál Agenda Workshop Agenda
When: 3/12/91
Description of agenda item (who, what, where, how much):
Re uest Cit Commission to approve Contract Award to ManCon, Inc. in the
amount of 804,655.35 for the 1 ,2 & 2 inch Southeastern Transmission
Main Project #90-09.8, Bid #91-25. See attached for recommendation.
Funding Source 441-5181-536-69.01 $107,809 and 447-5174-536-61.41 $696,846.35
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval of ContTact Award to Mancon, Inc.
in the amount of $804.655.35 for the 16, 20 and 24 inch Southeastern Transmission
;., Main.
.-.-..---
Department Head Signature: """ I, 3.... 1\. G,~-. .""",~~ bY'~
Determination of Consistency with Comprehensive Plan:
"'f'
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds): /'-
Funding available: YES/ NO
Funding alternatives:
Account No. & Descri tion: 441-5181-536-69.01 and
Account Balance: \11 ( (0 ,\ 001 M\lLJ:¥ P"V
,If'
City Manager Review:
- @/ NO ~1
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
.- .-
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden
City Manager
THRU: William H. Greenwood
Dir. of Environmental Services
FROM: George Abou-Jaoude
Dep. Dir of Environmental Services/
Capital Projects
SUBJECT: 16, 20 and 24 INCH SOUTHEASTERN TRANSMISSION MAIN
PROJECT # 90-09.8
BID # 91-25
Attached please find a bid tabulation prepared by Post
Buckley, Schuh and Jernigan for the above referenced
project. The bid calls for two ( 2 ) deduct alternates.
Our staff is in the process of reviewing the 1986 Water
Master Plan with Post Buckley, Schuh and Jernigan's staff.
We hereby request the deletion of Alternate No. 2 due to the
review process and award the project to ManCon, Inc, for the
amount of $804,655.35.
Our staff recommends approval for ManCon, Inc. for the
project referenced above.
GAJ/gm
Att:
cc: Mark A. Gabriel, P.E. , Asst. Dir. of Environmental
Services/City Engineer
Susan Ruby, Asst. City Attorney
Ted Glass, Purchasing Director
Cheryl Leverett, Admin. Asst. III/Records Retention
File; 16, 20, 24 Inch Southeastern Transmission Main
Project # 90-09.8
File; Memos to City Manager
File: a:ga90098
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DEDUCTIVE ALTERNATIVES
The Owner wishes to proceed with the more critical components of this Project. If the
Total Base Bids received from all of the bidders are substantially higher than the Owner's
budgetary and bonding constraints, some major items of the Project may have to be
deleted from the Project, in an effort to meet these constraints. The bidder shall provide
a deductive amount for each item listed and described below. The Owner will then
compare Adjusted Bid Prices for all of the bids received after deducting one item, a
I'nmhinAtinn nr it~lT\C: in nrr1M li~tp.ci. or all of the items with deductive amounts listed
'l. Construction of 16-inch water transmission main from station 10+32 to stat'
28 + 19 (Dotterel Roa.d) inc.lu.ding all exca~a~ion, backfill, bedding, pavem~~~
replacement, restoration, plpmg, valves, fIttmgs, connections, trénch safety,
and other appurtenances required to perform the work, and included in the
Total Base BId.
Deductive Alternative Amount $ /(J~OOO ~
2. Construction of 12, 16 &. 20-inch water transmission main from Station 18+96
(43' rt.) . to 32+78. (east side of U.s. 1 to Miller Park site) including all
excavatlOn, backfill, bedding, pavement replacement, restoration, jack and
bore of Y·S. 1 and East Coast Railroad/Dixie Highway, piping, valves, fittings,
connectIo~s, trenc~ safety, and other appurtenances required to perform the
work, and Included In the Total Base Bid.
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Deductive Alternative Amount $ ;53ðOQ -
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AVER'S NOR T H
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16", 20", 24", S.E. WATER TRANSMISSION MAINS
PU-90-09.8
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NOTE TO BIDDER: Use preferably BLACK ink for completing this Bid
form.
BID
To: Purchasing Officer
City of Delray Beach, Florida
Address: 100 N.W. 1st Avenue
Delray Beach, Florida 33444
Project Title: 16, 20, & 24-Inch Southeastern Transmission
Water Main
City Project No.: 91-25
PBS&J
Project No.: 10-276.21
Bidder's company name person to contact for additional information
on this Bid:
Name Company: ÆN ¿;~ hc.
Contact Persen: ~y A. IlΡ¡Nt?iN/
Telephone: (.3ð5) 7¿3- 9¿6&
BIDDER'S DECLARATION AND UNDERSTANDING
The undersigned, hereinafter called the Bidder, declares that the
only persons or parties interested in this Bid are those named
herein, that this Bid is, in all respects, fair and without fraud,
I that it is made without collusion with any official of the Owner,
and that the Bid is made without any connection or collusion with
any person submitting another Bid on this Contract.
I The Bidder further agrees that he has exercised his own judgment
regarding the interpretation of subsurface information and has
utilized all data which he believes pertinent from the Engineer,
I Owner, and other sources in arriving at his conclusions.
The Bidder further declares that he has carefully examined the
I Contract Documents for the construction of the project, that he has
personally inspected the site, that he has satisfied himself as to
the quantities involved," including materials and equipment, and
I conditions of work involved, including the fact that the description
of the quantities of work and materials, as included herein, is
brief and is intended only to indicate the general n~ture of the
work and to identify the said quantities with the detailed
I
1 BID
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requirements of the Contract Documents, and that this Bid is made
according to the provisions and under the terms of the Contract
Documents, which Documents are hereby made a part of this Bid.
CONTRACT EXECUTION AND BONOS'
The Bidder agrees that if this Bid is accepted, he will, within
10 working days after receiving notice of award, sign the Contract
in the form annexed hereto, and will at that time, deliver to the
Owner the Performance Bond and Payment Bond required herein, and
will, to the extent of his Bid furnish all machinery, tools,
apparatus, and other means of construction and do the work and
furnish all the materials necessary to complete all work as
specified or indicated in the Contract Documents.
CERTIFICATES OF INSURANCE
. .~.
Bidder agrees to furnish the Owner, befor~ commencing the work under
this Contract, the certificates of in:súrance as specified in these
Documents.
Bidder further agrees that the lump sum amount stated herein
includes specific consideration for the insurance coverages,
including contractual liability, specified in the Contract
Documents.
START OF CONSTRUCTION AND CONTRACT COMPLETION TIME
The Bidder further agrees to begin work within 10 working days after
the date of the Notice to Proceed and to complete the construction,
in all respects, within 210 calendar days after Notice to Proceed.
lIQUIDATED DAMAGES
In the event the Bidder is awarded the Contract and shall fail to
complete the work withip the time limit or extended time limit
agreed upon, as more particularly set forth in the Contract
Documents, liquidated damages shall be paid to the Owner at the rate
of $100.00 per day for all work awarded under one contract until the
work shall have been satisfactorily completed as provided by the
Contract Documents.
ADDENDA
The Bidder he~bY acknowledges that he has received Addenda Nos.
ir \, ,~, , , ,
,-
Q J~
I (Bidder shall insert No. of each Addendum received) and agrees that
all addenda issued are hereby made part of the Contract Documents,
I and the Bidder further agrees that his,Bid(s) includes all impacts
resulting from said addenda.
I,
, 2 BID
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SALES AND USE TAXES
The Bidder agrees that all federal, state, and local sales and use taxes are included in the
stated bid prices for the work.
TOTAL BASE BID PRICE
The Bidder agrees to accept in full compensation therefore the total of the lump sum
prices and extended unit prices for the items named in the attached schedule. It is
understood that the unit prices quoted or established for a particular item are to be used
for computing the amount to be paid to the Contractor, based on the quantities actually
constructed as determined by the applicable measurement and payment portion of the
technical specifications.
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TOTAL BASE BID PRICE: Note: This total represents the sum of the prices shown in
Column VI on page 4 to 6. Should the Bidder make any error either in multiplying
Columns IV and V together in determining a line item total under Column VI or in the
summation of the line item total under Column VI on Pages 1 to 4, the correct
multiplication and/or summation, if discovered, will be used by the City in determining the
Bidder's Total Base Bid Price; provided, however, the City shall not be liable for any
failure to discover any such errors.
TRENCH SAFETY SYSTEM(S)
Bidder acknowledges that included in the various items of the proposal and in the Total
Base Bid Price as indicated in the Bid Form are costs for complying with the Florida
Trench Safety Act which is in effect as of October 1, 1990. The bidder further identifies
the cost to be $ 1 ~'2. ~ 00 (this blank to be filled by bidder). This cost is
itemized below. I
1. Trench Safety System - OSHA Compliance
(J 9211 ) LF $ \.£Q... $ 1'12'? ~
System to be used: .S L OPE I ~OX
2. Trench Safety Special Shoring Requirements N.A.
(System and square foot quantity to be identified by Bidder.)
( ) SF $ $
System to be used:
"The Bidder further agrees that he has exercised his judgement and other sources in
arriving at his conclusions." (Note: If trench work is not a part of the work for this
project, enter 0 for quantities and cost.)
The Bidder further agrees, as evidenced by signing the Proposal, that if awarded a
Contract, the Florida Trench Safety Act and applicable trench safety standards will be
complied with.
DEDUCTIVE ALTERNATIVES
The Owner wishes to proceed with the more critical components of this Project. If the
Total Base Bids received from all of the bidders are substantially higher than the Owner's
budgetary and bonding constraints, some major items of the Project may have to be
deleted from the Project, in an effort to meet these constraints. The bidder shall provide
a deductive amount for each item listed and described below. The Owner will then
compare Adjusted Bid Prices for all of the bids received after deducting one item, a
combination of items in order listed, or all of the items with deductive amounts listed
below. The comparisons will be made to provide the maximum facilities and equipment
for the Project at the lowest total Adjusted Bid Price. The deductive alternate items
shall be as follows:
8 BID
,
"1- Construction of 16-inch water transmission main from station 10+32 to station
28 + 19 (Dotterel Road) including all excavation, backfill, bedding, pavement
replacement, restoration, piping, valves, fittings, connections, trench safety,
and other appurtenances required to perform the work, and included in the
Total Base Bid.
~
Deductive Alternative Amount $ JO~OOO
2. Construction of 12, 16 & 20-inch water transmission main from Station 18+96
(43' rt.) to 32+78 (east side of U.S. 1 to Miller Park site) including all
excavation, backfill, bedding, pavement replacement, restoration, jack and
bore of U.S. 1 and East Coast Railroad/Dixie Highway, piping, valves, fittings,
connections, trench safety, and other appurtenances required to perform the
work, and included in the Total Base Bid.
(!£)
Deductive Alternative Amount $ /53000-
J
SUBCONTRACTORS
The Bidder further certifies that the following subcontracting firms or businesses will be
awarded subcontracts for the following portions of the work in the event that the Bidder
is awarded the Contract:
.
9 BID
Work description :J 1t~)1 J t>ð IZe
riu J;' LL D tðN>V,.
Náme
- Pé
, tv I N-K4.. HAf/tlV. ;-é.- ,
Street City State Zip
Work description
Name
, ,
Street City State Zip
Work description
'.
Name
, ,
Street City State Zip
Work description
Name
, ,
Street City State Zip
SURETY
If the Bidder is awarded a construction Contract on this Bid, the
Surety who provides the Performance and Payment Bonds will be
'£;a{.hi 'I- 7.),/fY2i/i ~r>A-</Y whose address is
\. '1tf~/1ð ~~~(r kœd , 13/.R/11/('[j!A/YJ , /17/ -'lJ'tf/d
Str t C Y State Zip
10 BID
.
BIDDER
The name of the Bidder submitting this Bid is
, mAN ~~ ~C. doing business at
/Ii~ IV£ -s; cf)o( '- '5£(0(0 Ý , ~1/JANA .Î5¡CAd , FL :33¿~~
Street City State ZJ.p
which is the address to which all communications concerned with this
Bid and with the Contract shall be sent.
The names of the principal officers of the corporation submitting
this Bid, or of the partnership, or of all persons interested in
this Bid as principals are as follows: iÍ1
Gy A. 1?ANr/N/ .
~k~~ ~ /J}AN{,,/~/'
A~.wy ~T ~A/<YN/
If Sole ProPrietor or Partnership
IN WITNESS hereto the undersigned has set his (its) hand this
day of 19 .
-
Signature of Bidder
Title
.
.
I
I 11 BID
If Co roo rat ion
IN WITNESS WHEREOF the undersiqned corporation has caused this
instrument to be executed and its seal affixed by its duly
authorized officers this If ~ day of .T~AL!//A-£Ij 19!il.-.
( SF.AL )
orpora.tlK~. _ _ .. _. .
By o/VV\/~
Title ?~ideN~
Attest ~~-
ecretary
* * * * * *
~
I
,
I
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I
I BID
12
.
SWORN STATEMENT UNDER SECTION 187.133(3)(8),
FI.ORIDA STATUTES. ON PUDUC ENTIlY CRIMES
TIUS FORM MUST BE SIGNED [N TIlE PRESENCE OF A NOTARY PUBLIC OR OTHER OmCER
AUTHORIZED TO ADMINISTER OA TIIS.
1. This sworn statement is submitted with Bid, Proposal or Contract No. 91-,:)~
Cor /In,. ,;)ðJ c:;t r:¿"'I- ~d '- ~1/~1k....<l ~N'1m119~N /¡Á~~ /iJA/AI
2. This sworn statement is submitted by /l) AM C;;; /ve.
~ [name or endty subaùttJne SWOrD statement}
whose business address is /~'irQ NE --Sir¥~' '- 11A~Y--
~/7)L)AAld .&A0( ß¿r)r/a :3.3d¡{, ~ and
-
(if applicable) its Federal Employer Identif1C3ûon Number (FEIN) is .. )éJ-~.-ÇJf7.y.:3~ .
~ (If the entity has no FEIN, include the Social Security Number of the individual signing this $'WOrn
statement: - .)
3. My name is and my relationship to the
entity named above is
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statu\es.
means a violation of any state or federalla~ by a pe,rson with respect to and directly related to the
.. transzction of business with any puuiic entity or with an agency or political subdivision of Iny other
state ~; ·;.;th the United States, ~~:ò1<:ing, b.a r.ú, ;;..åi1~ ,oj, ÂliY t¡.: or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other state
I or of the United States and involving antitrust, fraud. theft, bribery, collusion, raclceteering,
. conspiracy, or material misrepresentation.
,
5. I understand that ·convicted· or ·conviction· as defined in Paragraph 287.133(1)(b). F10rida Statutes.
means a finding oC guilt or 3 conviction oC a public entity crime, with or without an adjudication of
I guilt, in any federal or state trial coun of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty
or nolo contendere.
I 6. I understand that an -affiliate· as defined in Paragraph 287.133(1)(a), Florida Statutes. means:
1. A predecessor or successor oC a person convicted of a public entity crime: or
2- An entity under the control of any natural person who is active in the management of the
I entity and who has been convicted of a public entity crime. The term -affiliate- includes those
officers, directors, executives, panners, shareholders, employees, members, and agents who are active
in the management of an affiliate. The ownership by one person of shares constituting a controlling
I interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shaU be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who bas been
convicted of a public entity crime in Florida during the preceding 36 months shan be considered an
I affiliate.
7. I understand that a "person" as defined in Paragrapb .287.133(1)(e), Florida Statutes. means any
natural person or entity organized under tbe laws of any state or of the United States with the legal
I power to enter into a binding contract and whicb bids or applies to bid on contracts for the provision
of goods or services let by a public enlity, or wbich otherwise transacts or applies 10 transact business
with a public entity. The term -person- includes those officers, directors. executives, panners,
I shareholders, employees. members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to tbe
entity submitûng this sworn statemenL [Please indIcate wbleb statement appUes.]
I 1
I
,-'.....~.... _...........~ -
. ~h h . b·· h· ~ m·
_ en er t e enmy su QUtllng t is sworn statemen nor any 0 lcers. directors. executives
partners. sharebolders. employees. members, or agents who are active in management of the entity
nor any affiliate of the entity have been charged with and convicted of a public entity crim~
subsequent to July 1, 1989.
_ The entity submitting this sworn statèment. or one or more of the officers, directors,
executives. partners. shareholders, employees, members, or agents who are active in management of
the entity. or an affiliate of the entity bas been charged with and convicted of a public entity crime
subsequent to July 1, 1989, ANI2 [Please Indicate which addlUonal statemeDt appUes.]
_ There bas been a prooocding concerning the conviction before a bearing omcer of
the State of Florida. Division of AdJDinjsuative Hearings. The finaJ order entered by tbe
hearing officer did not place the person or affiliate on the convicted vendor list. [Please
attach a copy of the Onal order.}
_ The person or affiJiate was placed on ~e convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida. Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from tbe convicted vendor list.
[Please attach a copy of the final order.)
_ The person or affi~iate has not bee placed on the convicted vendor list. (Please
describe Dny action taken by or pending the Department of General Semces.)
C"-
...
Date: /PALð~ /5: /99/
/Z.<V~
STATE OF
COUNTY OF 13h1á1fi,(!.d
PERSONALLY APPEARED BEFORE ME, the undersigned authority.
,
who, after first being sworn by me, a!f1xed his/her signature
in the sp:u:e provided above on this /5~
.
. My commission expires:
.
....., NIle:
I SIIIt of AilrilllII tqt
My ComnIssiøn EIPNs o.c. 29. .1
I
I
I Form PUR 7068 (Rev. 11/89)
I 2
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" ,
,',
. Bonò ~o..__.,___,_..___...........___...
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, _. ...~~!:t. -:-.f_C? ~ .._!. ~ ~.=_... .........._..... .... .._....__....... .._..... .... ._.. ._....._ ..__ .__. ..._ .___. .__.._ _.._ _ .,."._.. ._.. __.. ._.....' _.. ___...... ....... .... ......
.~...... .... .......... -- ........ ~........ --................... -.. ............ ...... ........ .._..........-......................... ..................... ........ .................... -...... ................ ........................ ...................... ................ ........ ..-.... _.... ....-.................... ........ ............ ........... ...... ..................
_...u.._..______..._....._...._..._........__..u_.......,......_.. .____.._u.n............., as Pri nci pal, (hereinafter called the .. Principal "), and
the FIDELITY A:\O DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized
under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound
un touu.........f.1.~Y....~ r..~.1.!:~.'i..ª_~~~.~..u. u.u_n._......... ",,"" ........ '","u .u.............. '.' ...._._ ..._.. ...... _"'" ._. ""'" .... .,.... .... .... u'__
........ .................. .-. ..-....................... .--... _. ..............-_.... ......... ............. ..".." ........ ...... .................... ................ ...... .... ........ -......... ........"...........- ............. ....... ....................-.... ....-........ .......... -... .... .... ......... ~............... ~~..
n ...__.. ....... ......__. ..__.___.... __ ....., .______. ........ __" _'" __.. ... ____......__ "'''__''__ _.' _____...__. _as Obligee. (hereinafter called the "Obligee' ') ,
in the sum of _..f.~.X~. ..P.~t~~_t:!~__J~~L .C?_f.._~.~_~~.__~f_._ ~ .~.~.:: ~::.:: .:_~. ::.:.~.::.:.~.~ .:.:: ~ '-::. Dollars ($__.~.~.. .~_f.. .~~~....) ,
for the payment of which sum wen and truly to be made, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for...._.....__.........__..__..._____._.........._____...__.._.........._..........___..............
16 20 and 24 Inch Southeastern Transmission Water Main
_... .__..... ...,. _.' _ _._..'-. ...__n..... ..__.__ ._.. ._______.m. n" m _..n...n.. ......__.._. n...._ _. ..n.__..... _... n. _ .n. __. _... _ __.. __ _..._ .... "_" '_"'_ _.._.. ._..... .... _.............
.... __ .._ __...__. ._. .D.~_lrªY... ß~ª.ç_h_'_. .f.1Qrj.ºª.. _..' ''''m'' _." _...... ._. ______ ._.. __. ._.. "'" _... _..' n._......' _.. _ _._ _.__.......... _....... .._. ........ n...........
....,.... n.. __...... çj .t..Y...8.i 9. _' N_Q._.._ ~ l.:.? ~ _....' _... _.' _..__ __......."...,. _... _.. _.. _.. _ _... _.' __.' _.. _... _......' _.............. _ n' _.... ........... _........ n....... n..
....~.....-_._--...-...._..._.__..__..__...._._---_._---_......-.__........_..._.__.__.~-_..._...._......._-..................................... .............................................. ........... ..................-..... ..~.
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into
a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be
specified in the bidding or contract documents with good and sufficient surety for the faithful performance of
such contract and for the prompt payment of labor and material furnished in the prosecotion thereof, or in the
event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said
bid and such larger amount for which the Obligee may in good faith contract with another party to perform
the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this.............____.....J~.!:h_m._......................day oL.._.__...__.f.~P.~~~t.Y..........._...._...A.D. t 9..~~.__.
.!1ª!} _ _Ç~D._J.~.Ç.:.... ......m m.'" ..... ...... .__..n__ _...__.. ...... (Sji:AL)
................-. ~f·~uu ~";ncipal"
w: ~ncss ..2..........__...._n____....___...___..__........__...~~eNr
Title
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Surety
.'.~....}:).OO~.........u.. B¿(~AL)
Attorney-in-fact
CJ25d-150M. fJphírL t. ~
Approv~d by Th~ Am~rican Institut~ of Architects.
A,I.A. Document :-<0. A-310 February 1970 Edition. J n K. Pepper, Res ent gent
, .
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFRCE. IIAlTlMOllE. MO
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. a corporaûon of the
State of Maryland. by R. W. BUDDENBOHN . Vice-President. and M. J. SCHNEBELEN ,
Auilltant Secretary. in punuønce of authority ¡ranted by Article VI. Section 2. 01 the By-LawlI olgid Company, which are set
forth on the reverse side hereol and are hereby certified to be in full force and effect on the date hereof, does hereby nominate,
conlltitute and appoint John E. Zervos, Michael E. rvos, G . Zervos, S. P. Humenchick,
Maria J. Griffin, Phyllis L. Dobbins and a As 1an, all of Southfield,
any . . . . . . . . . . . . . . . . . .
e execution of such bondll or undertakinp in ~ ce of eaent!, IIhaU be 811 binding upon gid Company, 811 fully
and amply, to aU intent! and purposell. 811 if they n duly and acknowledged by the regularly elected office1'8 of
the Company at it! olfice in Balûmore. Md., ~ir own pro ns.This power of attorney revokes that
issued on behalf of John E. ~~' etal ted, November 4, 1986.
The said Auilltant Secretary does hereby th~t th e~~ set forth on the reverse side hereof is a true copy of Article VI,
Section 2. 01 the By-Laws of gid Co~p y, is no' roe.
IN WITNESS WHEREOF. the said V' ~ ident tant Secretary have hereunto subøcribed their names and affixed the
Corporate Seal 01 the said FIDELI DE~ ( MPANY OF MARYLAND, this II th day of
September , A.D. 19_ ~
.' _..··>r FIDELITY AN~IT COMPANY OF MARYLAND
ATIEST: ~. ~.__~:~. .~ ..J ~y._...._._.çz.._0L._...~
'/ ~ Vice-President
STATE OF MARYLAND I
CITY OF HAL TIMORE \ 58:
On this II th day of September . A.D. 1987 , before the lIubacriber. a Notary Public of the State of
Maryland. in and for the City 01 Balûmore. duly oomm_ioned and qualüied. came the above-named Vice-President and Auistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and office1'8
described in and who executed the preceding instrument, and they each acknowledged the execution 01 the same. and being by
me duly sworn, severally and each for himself deposeth and saith. that they are the said office1'8 of the Company aforesaid. and
that the seal affixed to the preceding instrwnent is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such office1'8 were duly affixed and øubøcrihed to the said inatrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affIXed my Official Seal, at the City of Baltimore, the day and
you fu. abov, wntt,n. ~~éf '
e Notary nbli< ~ '. · E_ Jul V I. 1990
'~. CERTIFICATE
I, the unde1'8igned, Aaøistant Secretary of the FIDEUTY AND DEPOSIT COMPANY OF MARYLAND, do hereby certüy that
the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this
certificate; and I do further certüy that the Vice-President who executed the said Power of Attorney was one of the additional Vice-
Presidents specially authorized by the Board of Directo1'8 to appoint any Attorney-in-Fact 811 provided in Article VI. Section 2, of
the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directo1'8 of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Aøaiatant Secretary of the Company. whether made
heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney il8ued by the Company, shall be valid
and binding upon the Company with the same force and effect aa though manually affIXed."
IN TESTIMONY WHEREOF, I have hereunto subecribed my name and affued the corporate seal of the said Company, this 15 th
day of February . 19--2l.
068-6175 () ¡2.~. T J....~ ~ ~h-
ÂMÍ8t.tD r.try
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EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
.. Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-
Presidents or Vice-Presidents specially authorized 110 to do by the Board of Directors or by the Executive Committee, shall have
power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents,
Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgements., decrees, mortgages and instnunents in the nature of mortgages" . . and to affix the
seal of the Company thereto."
~
Ll428b
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Agenda Item No.:
AGENDA REQUEST
Date: March 1. 1991
Request to be placed on:'
xx Regular Agenda Special Agenda Workshop Agenda
When: March 13. 1991
Description of agenda item (who, what, where, how much): Staff requests
City Commission to award Bid #91-35 for the installation of fire hydrants in the Tropic Palms subdivision
to the low bidder A.O.B Underground, Inc. in the amount of $32,063.00. Funding source will be
~~I 3161 ii( (Q.G91 Project No. 90-04.1.
l l/:J.. SJ7'g - S~, -, I.?? WMØ-" .g,(ß"A l1utlll(¿~J I ~1~111"h1ttI/)IJ.. ~ß"''''l
,. ,
ORDINANCE/ RESOLUTION REQUIRED: YmjNO Draft Attached: YJBS / NO
Recommendation: Staff recommends City Commission to award Bid No. 91-35 to A.O.B. Underground.
Inc. to install fire hydrants in the Tropic Palms subdivision in the amount of $32,063.00.
...
Department Head Signature: t7):J4¡g ~~r-'C. ~~.J.c)__ J P
Determination of Consistency with Comprehensive Plan:
"'!"
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds): I ,j,-¡'C~~
Funding available: YESj NO
Funding alternatives: (if applicable)
Account No. & Description: ijW;3/¿~53¿.~O~¿Y ~/s /'¿ - ~,~
Account Balance: /$~('/)7YI...()<j
City Manager Review: €iJ NO ~
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
M E M 0 RAN DUM
TO: Ernest Kaeufer, Asst. Dir. Envir. Svc./
Public Utilities
FROM: Jackie Rooney, Bid Specialist r
DATE: February 27, 1991
SUBJECT: Installation of Fire Hydrants
Tropic Palms Subdivision
Bid #91-35
Attached is the "Tabulation of Bids", and any
additional documentation submitted by vendor(s), for
the above referenced subject. "Invitations to Bid"
were mailed to 21 vendors on 01-29-91. The bid was
advertised in the Palm Beach Post on 02-01-91 . Bids
were picked up by 9 additional vendor(s) after
posting of advertisement in Palm Beach Post.
Please review the tab sheet(s) , and forward to
Purchasing your award recommendations.
Thank You.
Attachments:
Bid Tabulation Sheet(s)
Copies of Original Bid(s)
cc: Ted Glas, Purchasing Officer
,
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FEBRUARY 28, 1991 CITY OF DELRAY BEACH
TABULATION OF BIDS
BID 191-35
INSTALLATION OF FIRE HYDRANTS - TROPIC PALMS SUBDIVISION
AOB Fisher-Clark Johnson Davis 1 W Jackson & Madsen/Barr
Vendor Underground Construction Inc. Sons Const. Corporation
Inc. Tni'
t. 6' TAPPING TEE' 937.00 / 77 6. 00 / 1000.00 / 1035.00 / 1000.00 /
VAlVE II/THRUST 8,433.00 6,984.00 9,000.00 9,315.00 9,000.00
BLOCK - 9 EACH
2. 8' TAPPING TEE' 1063.00 I 884.00 I 1000.00 I 11 00. 00 I 1100.00 /
VAlVE II/THRUST 1,063.00 884.00 1, 000 . 00 1,100.00 1,100.00
BLOCK - 1 EACH
3. 10' TAPPING TEE' 1295.00 / 1164.00 1 1000.00 1 1,100.00 1 1400.00 /
VAlVE "/THRUST 2,590.00 2,328.00 2,000.00 2,200.00 2,800.00
BLOCK - 2 EACH
4. 12' TAPPING TEE' 1284.00 1 1293.00 1 1000.00 / 13 7 5 . 00 1 1500.00 /
VALVE II/THRUST 1,284.00 1,293.00 1,000.00 1,375.00 1,500.00
BLOCK - 1 EACH
, 1400.00 1
S. WET TAPS 105.00 1 204.82 / 1620.00 1 400.001
11 EACH 1,155.00 2,253.02 16,820.00 14,400.00 4,400.00
í
6. 8' GATE VALVE W/ I
297.00 1 366.45 / ;400.00 / 455.00 / 400.00 /
VALVE BOX , THRUST 3,267.00 4,030.95 14,400.00 5,005.00 4,400.00
BLOCK - 11 EACH
7. HYDRANTS WITH 906.00 1 873.09 / 1900.00 1 ¡ 1015. 00 I 1100.00 /
TI E RODS 9,966.00 9,603.99 9,900.00 11,165.00 12,100.00
11 EACH
8. 8' D,I.P. CLASS 52 12.75 1 16.70 / 7.00 1 9.75 / 14.00 1
INSTAlLED 2,805.00 3,674.00 1,540.00 2,145.00 3,080.00
220 l. F ,
9. OPEN CUT PAYEMENT 15.00 1 13.47 1 4.00 / 20.00 / 15.00 /
I AND REPAIR 1,500.00 1,347.00 400.00 2,000.00 1, 500. 00
100 l.F.
i I
I TOTAL BID
$32,063.00 $32,397.96 $36,060.00 $38,725.00 $ 39,880.00;
1 ITEMS 1 THRU 9
LUMP SUM
Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged
COMMENTS / Adden. 1 & 2 Adden. #1 Adden. 1 & 2 Adden. 1 & 2 Adden. 1 & 2
EXCEPTIONS Complete all Complete all Complete all
work in 60 work in 30 work in 30
calendar days calendar days calendar
days
I
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FEBRUARY 26, 1991 CITY OF OELRAY BEACH
TABULATION OF BIOS
BID 191-35
INSTALLATION OF FIRE HYDRANTS - TROPIC PALMS SUBDIVISION
Page 2
!
Centerline Sullivan Gateway I Robert C.
Vendor Utilities Bros. Inc. Construction Malt & Co.
Construction I
1. 6· TAPPING TEE , 982.00 I
VALVE VI THRUST 1650.00 I 1060.00 I 1100.00 I
BLOCK - 9 EACH 8,838.00 14,850.00 9,540.00 9,900.00
2. 8" TAPPING TEE & 1127.00 I
VALVE W/THRUST 1750.00 I 1220.00 I 1160. 00 I
BLOCK - 1 EACH 1,127.00 1,750.00 1,220.00 1,160.00
3. 10" TAPPING TEE & 1518.00 / I
VAlVE W/THRUST 2000.00 I 1680.00 / 1432.00 /
BLOCK - 2 EACH 3,156.00 4,000.00 3,360.00 2,864.00
4. 12" TAPPING TEE' 1652.00 /
VALVE W/THRUST 2050.00 / 1680.00 / 1445.00 /
BlOCK - 1 EACH 1,652.00 2,050.00 1,680.00 1,445.00
5. WET TAPS 169.00 / I 1200.00 / I
260.00 / I 240.00 /
11 EACH 1,859.00 2,860.00 \13,200.00 I 2,640.00
6. 6· GATE VALVE WI I I 280.00 I
.
VALVE BOX & THRUST 317.00 / 400.00 I I 500.00 /
BLOCK - 11 EACH 3,487.00 4,400.00 i 5,500.00 3,080.00
7. HYDRANTS WITH I I 750.00 /
TI E RODS 1572 . 00 I 1090.00 / 1200.00 /
11 EACH 17,292.00 11,990.00 13,200.00 8,250.00
8. S" O.l.P, CLASS 52
INSTAlLED 11. 50 / 13.00 / I 15.00 I 12.10 I
220 l.F. 2,530.00 2,860.00 3,300.00 2,662.00
9. OPEN CUT PAYEMENT
AND REPAIR 26.00 / 11. 00 I 18.00 / 871.00 / *
I 100 l.F. 2,600.00 1,100.00 1,800.00 87,100.00
I
TOTAL BID $ 42,541.00
I ITEMS 1 THRU 9 $45,860.00 $52,800.00 $119 , 101. 00
LUMP SUM
Acknowledged Acknowledged Acknowledged * Unit price
COMMENTS I Adden. 1 & 2 Adden. ill &2 Adden 1 &2 error
EXCEPTIOtlS Complete all Complete all Complete all Acknowledged
work in 90 work in 60 work in 120 Adden. 1 &2
calendar days calendar days calendar Complete all
days. work in 30
calendar days
-
f. f. 3 .
Agenda Item No. :
AGENDA REQUEST
Date: March 6. 1991
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: March 12. 1991
Description of agenda item (who, what, where, how much): Bid Award -
Installation of fire hydrants at Tropic Palm Subdivision
ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder. A.O.B. Underground. Inc. at a total cost
of $32,063. ¡tþ/IIp/
¡p
./ I
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Di~ctor ,Review (required on all iteas involving expenditure
of funds):' );-''-{'J;A.JJL slr-(f,
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description: ift(¡- .5/t./-53t.-t,o,' f LJ/S rei. . fLttJ'fiJ/ou.+/r'J
Account Balance: # dt./ 7tÝt.. 0 9. ( J):14~:~uL)µ tsyò/iJ'MS
/
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
I
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
~Administrative Services ø/
FROM: Ted Glas, Purchasing Officer
DATE: March 6, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 12, 1991 - BID AWARD - BID #91-35
FIRE HYDRANTS AT TROPIC PALMS SUB-DIVISION
Item Before City Commission:
The City Commission is requested to award contract to A.O.B.
Underground, Inc. at a total cost Per the
Budget Office, funding from:
( ~ ) .
Jli ?<i!'~
Background: s/S/fl
Funds were allocated in the FY 90-91 Water & Sewer Budget
for fire hydrant replacement. A total of $50,000. was
budgeted for this work.
Scope of Work
The work consists of installation of Fire Hydrants in the
Tropic Palms Subdivision, all in accordance with City plans
and specifications.
Bids for this project were received on February 26, 1991,
from nine (9) contractors, all in accordance with City
purchasing procedures (Bid #91-35. Documentation on file in
the Purchasing Office.) A tabulation of bids is attached
for your review.
The Assistant Director of Environmental Services/Public
Utilities has reviewed the bids, and recommends award to the
low bidder, A.O.B. Underground, Inc. per attached memo.
Recommendation:
Staff recommends award to low bidder, A.O.B. Underground,
Inc. at a total cost of $32,063.
Attachments
Tabulation of Bids
Memo from Environmental Services
pc William Greenwood
" I
MEMORANDUM
TO: Ted Glas,
Purchasing Officer
FROM: Ernest A. Kaeufer, ~;l.1 ; !
)1
Assistant Director ' ,
Environmental Services
DATE: March 5, 1991
SUBJECT: INSTALLATION OF FIRE HYDRANTS
TROPIC PALMS SUBDIVISION
BID # 91-35
Recommend award to A.O.B. Underground, Inc. , in the amount
of $32,063.00 for the subject project.
EAK : j a f
EKIFHTPS
File: Memo to Purchasing Officer
I
,
FEBRUARY 26, 1991 CITY OF DELRAY BEACH
TABULATION OF BIDS
BID '91-35
INSTALLATION OF FIRE HYDRANTS - TROPIC PALMS SUBDIVISION
AOB Fisher-Clark Johnson Davis I W Jackson & Madsen/Barr
Vendor Underground Construction Inc. Sons Const. Corporation
Inc. Tnt'
1. 6' TAPPING TEE & 937.00 / 77 6. 00 / 1000.00 / 1035.00 / 1000.00 /
VALVE ~!THRUST 8,433.00 6,984.00 9,000.00 9,315.00 9,000.00
BLOCK - 9 EACH
2. 8' TAPPING TEE & 1063.00 / 884.00 / 1000.00 / 11 00. 00 / 1100.00 /
VALVE ~/THRUST 1,063.00 884.00 1,000.00 1, 100. 00 1,100.00
BLOCK - 1 EACH
3. 10' TAPPING TEE & 1295.00 / 1164.00 / 1000.00 / 1,100.00 / 1400.00 /
VALVE W!THRUST 2,590.00 2,328.00 2,000.00 2,200.00 2,800.00
BLOCK - 2 EACH
4. 12' TAPPING TEE & 1284.00 / 1293.00 / 1000.00 / 13 7 5 . 00 / I 1500.00 /
VALVE W!THRUST 1,284.00 1,293.00 1,000.00 1,375.00 1,500.00
BLOCK - 1 EACH
, I 400.00 /
5. WET TAPS 105.00 / 204.82 / 1620.00 / 400.00/
11 EACH 1,155.00 2,253.02 16,820.00 ¡ 4,400.00 4,400.00
i
6. 6' GATE VALVE W! I
297.00 / 366.45 / ;400.00 / 455.00 / 400.00 /
VALVE BOX & THRUST 3,267.00 4,030.95 14,400.00 5,005.00 4,400.00
BLOCK - 11 EACH
7. HYDRANTS WITH 906.00 / 873.09 / 1900.00 / I 1 0 15 . 00 / 11 00. 00 /
TI E RODS 9,966.00 9,603.99 9,900.00 11,165.00 12,100.00
11 EACH
8. 6' D,I.P. CLASS 52 12.75 / 16.70 / 17.00 / 9.75 / 14.00 /
INSTALLED 2,805.00 3,674.00 11,540.00 2,145.00 3,080.00
220 L. F .
9. OPEN CUT PAYEMENT 15.00 / 13.47 / 4.00 / 20.00 / 15.00 /
AND REPAIR 1,500.00 1,347.00 400.00 2,000.00 1,500.00
I 100 l.F.
i I
I TOTAL BID
$32,063.00 $32,397.96 $36,060.00 $38,725.00 $ 39,880. OOi
! ITEMS 1 THRU 9
LUMP SUM
Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged
COMMENTS ! Adden. 1 & 2 Adden. fl1 Adden. 1 & 2 Adden. 1 & 2 Adden. 1 & 2
EXCEPTIottS Complete all Complete all Complete all
work in 60 work in 30 work in 30
calendar days calendar days calendar
days
\ I
FEBRUARY 28, 1991 CITY OF DELRAY BEACH
TABULATION OF BIDS
BID 191-35
INSTALLATION OF FIRE HYDRANTS - TROPIC PALMS SUBDIVISION
Page 2
!
Centerline Sullivan Gateway I Robert C.
Vendor Utilities Bros. Inc. Construction Malt & Co.
Construction I
t. 6' TAPPING TEE & 982.00 /
VALVE 'i/THRUST 1650.00 / 1060.00 / 1100.00 /
BLOCK - 9 EACH 8,838.00 14,850.00 9,540.00 9,900.00
2. 8' TAPPING TEE &
VALVE 'i/THRUST 1127 . 00 / 1750.00 / 1220.00 / 1160.00 /
BLOCK - 1 EACH 1, 127 . 00 1,750.00 1,220.00 1,160.00
3. 10' TAPPING TEE & 1518.00 / I
VALVE W/THRUST 2000.00 / 1680.00 / 1432.00 /
BLOCK - 2 EACH 3,156.00 4,000.00 3,360.00 2,864.00
4. 12' TAPPING TEE & 1652.00 / I
VALVE W/THRUST 2050.00 / 1680.00 / 1445.00 /
BLOCK - 1 EACH 1,652.00 2,050.00 1,680.00 11,445.00
5. WET TAPS 169.00 / I 1200.00 / I
260.00 / I 240.00 /
11 EACH 1,859.00 2,860.00 I 13 , 200. 00 I 2,640.00
6. 6' GATE VALVE WI I I 280.00 /
,
VALVE BOX & THRUST 317.00 / 400.00 / ¡ 500.00 /
BLOCK - 11 EACH 3,487.00 4,400.00 I 5,500.00 I 3,080.00
7. HYDRANTS WITH I ¡ 750.00 /
TIE RODS 1572 . 00 / 1090.00 / 1200.00 /
11 EACH 17,292.00 11 ,990.00 13,200.00 8,250.00
8. 6' D.I.P. CLASS 52
INSTALLED 11. 50 / 13.00 / I 15.00 / 12.10 /
220 L. F . 2,530.00 2,860.00 3,300.00 2,662.00
9. OPEN CUT PAYEMENT
AND REPAIR 26.00 / 11. 00 / 18.00 / 871.00 / *
I 100 L.F. 2,600.00 1,100.00 1,800.00 87,100.00
i I
! TOTAL BID
$ 42,541.00 $45,860.00 ,
! ITEMS 1 THRU 9 $52,800.00 $11 9 , 101. 00
LUMP SUM
Acknowledged Acknowledged Acknowledged * Unit price
COMMENTS / Adden. 1 & 2 Adden. III &2 Adden 1 &2 error
EXCEPTIOKS Complete all Complete all Complete all Acknowledged
work in 90 work in 60 work in 120 Adden. 1 &2
calendar days calendar days calendar Complete all
days. work in 30
calendar days
\ ,
~ .'
Agenda I tem No.:
AGENDA REQUEST
Da te : March 5, 1991
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: M,qrC'h 17. ]qq1
Description of agenda item (who, what, where, how much): Purchase Award -
One (1) 72" RidinQ: Mower via GSA Contract ItGS-07F-17977
ORDIHABCE/ RESOLUTIOH REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Hector Turf at a total cost of $12,615.78. via
GSA Contract. . 6 / ~//
.~fl ,f} d/ð
, / IV
V . '
i
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Di~,ctor Review (required on all ite.s involvinq expenditure
of funds): ét· j.'1\.(r;0iu
Funding available: ~ NO
Funding alternativ~~ (if applicable)
Account No. & Description: ~o/-1i.$/- ,72- t,ó.J'9 f};j?l~ / 'l'A ,4 -.0 f/vv
Account Balance: #/ ~ g;'f;J. I) D I ,
City Manager Review:
Approved for agenda: @/ NO 1)fv1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
I
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer ~f
DATE: March 5, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 12, 1991 - PURCHASE AWARD -
72" Riding Mower
Item Before City Commission:
The City Commission is requested to award purchase of one
(1) 72" Toro riding mower to Hector Turf, at a total cost of
$12.615.78. Per the Budget Office. fundi~from:~;- ) .
1/3l57J- t.{),lr'i (ß'l/!J / f'qtu.-i- .) 3/t,,/Q I
:pd. II /7,f13. øo I ! j ,
Background:
Funds were allocated in the FY 90-91 budget to purchase one
(1) 72" riding mower for the Parks & Recreation Department.
A total of $10,100. was budgeted for this purchase.
Riding mowers are available via GSA Contract #GS-07F-17977.
The Director of Parks & Recreation has reviewed the
contract, and recommends award to Hector Turf for a 72" Toro
Groundsmaster Model 322D, per attached memorandum.
Recommendation:
Staff recommends award of one (1) 72" riding mower to Hector
Turf at a total cost of $12,615.78. Funding as outlined
above.
Attachments:
Documentation on GSA Contract
Memorandum from Director of Parks & Recreation
pc Joe Weldon
I
,
MEMORANDUM
TO: Ted Glas
Purchasing Officer
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: 72" Diesel Mower
DATE: March 5, 1991
Per our discussion, Hector Turf in Fort Lauderdale has a GSA
contract for a Toro 72" diesel mower (Groundsmaster 322D) with a
72" cutting unit, suspension seat and seat adapter for
$12,615.78. Although only $10,100 was budgeted for the mower,
the additional funding will come from the $30,000 that was
budgeted for two (2) tractors since that bid cost was only
$25,79l. Funding is available in account #001-4131-572-60.89.
)
Parks and Recreation
JW : j mh
REF:JW05691.DOC
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
~EB-28-1991 11:06 FROM HECTOR TURF TO 14072433774 P.01
:'
..
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· ,
MAR-0S-1991 10:S5 FROM HECTOR TURF TO 14072433774 F'.01
r 1301 NW. THIRD STREET I DeeRFIELD BEACH. FL 33442 (305) 429-3200
February 28. 1991
City of Delray Beach
Parkg & Recreation
Attn: Jan Slazyk
Dear Jan:
Hector Turf is the Distributor for !oro Turf Equipment, and will honor
the GSA Contract #GS-07F-17977 to the City of Delray Beach Parks &
Recreation Department.
lJ'~
alp Joe te
Vice President
Turf Produc.ts
.
.
Agenda Item No. :
AGENDA REQUEST
Date: FEBRUARY 12. 1991
Request to be placed on:
Regular Agenda
Special Agenda
Workshop Agenda When: FF.RRTTARY 76, 1991
XXX CONSENT AGENDA
Description of item (who, what, where, how much):
98~8r~RR ADDRESS RR AMT. INVESTOR'S SHARE
201 NORTHEAST 1ST AVENUE $7.716.00 $7,716.00
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: RECOMMEND APPROVAL WITH FUNDING FROM ACCOUNT #: 118-1975-554-34.81
(INVESTOR'S SHARE) & 118-1975-554-60.23 (RRP SHARE)
(Example: Recommend approval with funding from Spedia s Account
No. 001-3333-555-44.55). !
Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of fUndS):~ J' .~
. ,"1f-t,í..c.
Fund g available: ~ NO I
Funding alternative . (if applicable)
Account No. s¡ Description: (/~-/f1S .5'$0/ .1,1-,.2:J ~''''K>iL''7 =;?J..P.
Account Balance: , .J/)J~5,j. 91J
City Manager Review:
Approved for agenda: @ NO Þ1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
I
,
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH:~ert A. Barcinski, Assistant City Manager
FROM: Ted Glas, Purchasing Officer Ç/~
DATE: February 19, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 26, 1991 - BID AWARD - BID #91-32
RENTAL REHABILITATION PROGRAM
Item Before City Commission:
City Commission is requested to award contract to low bidder, Gamzo,
Inc., for rental rehabilitation project as stated below, at a cost of
$15,472. Per the Budget Office, funding for the City's participation
is from!!f~~7~- .5Stj . ~o· ;'3 ( ÛJ-'~ ,).e ve) . flðu.s,~ J
ith ;'II:A) ) .
Background:
The Community Development Division handles and processes their own
formal bids on rental rehabilitation projects.
Purchasing's review of Bid #91-32 finds it to be in compliance with
City purchasing procedures.
Property Contractor Amount
201 N.E. 1st Avenue Gamzo, Inc. $15,472.
(City's Share $7,736.)
Recommendation:
Staff recommends award to low bidder, Gamzo, Inc., at a contract
amount of $15,472. Funding as outlined above.
Attachments:
Memorandum from Community Development
Bid Information Sheets
pc Lula Butler
~\-\ . 4
" ,
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, CD COORDINATOR~
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT
DATE: FEBRUARY 12, 1991
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 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 the Community Development Office.
RR14
1,1 I
·
RENTAL REHABILITATION LOAN IS REQUESTED FOR THE FOLLOWING:
CONTRACTOR PROPERTY RR DEFERRED INVESTOR
ADDRESS LOAN SHARE
GAMZO, INC. 201 N. E. 1ST AVENUE $7,736.00 $7,736.00
RR14
,,'
,
,
,
.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
RENTAL REHABILITATION
BID INFORMATION SHEET
BID #: 91- 32
-
APPLICANT: ROBERT & RUTH SIEGEL
APPLICATION #: 90-013RR
PROJECT ADDRESS: 201 NORTHEAST 1ST AVENUE
DATE OF BID LETTERS: JANUARY 28, 1991
DATE OF BID OPENING: FEBRUARY 27, 1991
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $ 18,700.00
B & JR CONSTRUCTION $ 17,000.00
CSB CONSTRUCTION, INC. $ 20,485.00
G. R. E. I. CONSTRUCTION $
HENRY L. HAYWOOD $
HMP BUILDERS, INC. $ 23,500.00
INTERCONTINENTAL CONSTRUCTION CORP $
M. A. S. C. 0 . $ 18, 2 75 . 00
MJD CONSTRUCTION SERVICES $ 1 q, R 1 c; 00
MSL CONSTRUCTION, INC. $ 70,876 00
PHILLIP GARY PURR C/O GAMZO, INC. $ 1 ') , 47'J 00
T. H. Y. CONSTRUCTION, INC. $
IN - HOUSE ESTIMATE: $20,310.00
CONTRACTOR AWARDED CONTRACT: PHILLIP GARY PURR C/O GAMZO. INC.
BID/CONTRACT AMOUNT: $ 15,472.00
COMMENTS: LOW BID
-
BIDFORM/PG4
. ,
Agenda Item No. :
AGENDA REQUEST
Date: March 12, 1991
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: March 12. 1991
Description of agenda item (who, what, where, how much) : Bid Award -
Fire Department Uniforms - Annual Contract
ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Multiple Awards
Harrison Uniform - Estimated Annual Cost - $19,320.73
Martin ~r Uniforms - Estimated Annual Cost 2,941.00
. I /~;#/ ~
Department Head Signature:
Deteraination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds): ;& .k:'-rLe..~~ 3/rr
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description: (Jo 1- ,1.315- 5;l.(" . 3 3-L./ð' OfU~
Account Balance: * 38'}'j(r;~$¿' ¡:::~/£."''S
City Manager Review:
Approved for agenda: @/ NO rM
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,
I
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
~~dministrative Services
FROM: Ted Glas, Purchasing Officer ~~
DATE: March 6, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 12, 1991 - BID AWARD - BID #91-37
FIRE DEPARTMENT UNIFORMS - ANNUAL CONTRACT
Item Before City Commission:
The City Commission is requested to make multiple awards to
vendors as listed below, at an estimated annual cost of
$22,262. Per the Budget Office, funding is from:Oo/...eJ315.~(..~$·'f~
( (;';'(A.; ~t.. 8 1t1~ CV"LtLt:C...JS - ().Il:t,tt.)$
Background: &..2., tl3i: Kfi2,Sf,.
)
The Fire Department has need of an annual contract for
uniforms with funding from their operating expenses budget.
Bids for this contract were received on March 1, 1991 from
two (2) vendors, all in accordance with City purchasing
procedures. (Bid #91-37. Documentation on file in the
Purchasing Office.) A tabulation of bids is attached for
your review.
The Assistant Fire Chief has reviewed the bids, and
recommends multiple awards, per attached memo.
Vendor Items Amount
Harrison Uniform 1-6 & 8 $19,320.73
Martin Lamar Uniforms 7 2,941.00
Recommendation:
Staff recommends multiple awards to vendors as stated above,
at an estimated annual cost of $22,262. Funding as stated
above.
Attachments
Tabulation of Bids
Recommendation from Fire Department
pc Chief Koen
&P&
"
MARCH 01, 1991 CITY OF DELRAY BEACH
TABULATION OF BIDS
BID .91-37
FIRE DEPARTMENT UNIFORMS - ANNUAL CONTRACT
I MARTIN LAMAR HARRISON UNIFORM
VENDOR UNIFORMS CO.
ITEM DESCRIPTION EST
_J QTY
1, SHORT SLEEVE
SHIRT 400 17.22 / 17.36 /
6,888.00 6,944.00
2. LONG SLEEVE ¡
SHIRT 150 20.41 / I 19.15 /
3,061.50 I 2,872.50
3. MEN'S DRESS I
TROUSER 75 23.65 / I 24.35 /
1,773.75 ~~~2~~25
4. WOMEN'S DRESS \
TROUSER 10 23.65 / I 24.35 / !
_____ __ 236.50 I 243 ~ 50 I
5. MEN'S ---- -
TROUSER I· 270 20.08 / I 21. 94 / I
____ 5,421.60 -----L..-~~23.~_r_
6. WOMEN'S
TROUSER 30 20.08 / 1 21. 94 /
602.40 658.20
_________________ _____ _________________________ ___ ì
7. TWILL
JUMPSUIT 100 29.41 / 46.91 /
2,941.00 4,691.00
8. BEL TS
96 8. 64 / 8.88 /
829.44 852.48
----
TOTAL BID
COST 21,754.19 24,011.73
- -----
COMMENTS I Delivery in 30 Delivery in 30-
EXCEPTIONS calendars after 45 days on large
receipt of order. order, 0-7 days
on small, 120
day for initial
order of shirts.
(! I
[ITY DF DELIAY BEA[H
FIRE DEPARTMENT
M E M 0 RAN DUM
TO: TED GLAS, PURCHASING OFFICER
FROM: M.B. WIGDERSON, ASSISTANT FIRE CHIEF
DATE: MARCH 6, 1991
SUBJECT: FIRE DEPARTMENT UNIFORMS, ANNUAL CONTRACT
BID #91-37
The Fire Department has reviewed the tab sheet for the
uniform annual contract bid #91-37. We are requesting that the
Commission approve splitting the bid and award Harrision Uniforms
item numbers 1 through 6, and item number 8 and award Martin
Lamar Uniforms item number 7.
This request is due to the service difficulties that we
experienced during the last two years with Martin Lamar Uniforms.
(See attached letter dated July 6, 1991) . The cost difference
between the two bids is approximately 2% or $507.54. However,
based on the cost of item number 7 from Harrision Uniforms, we
request Martin Lamar Uniforms supply this item.
If you have any additional questions please do not hesitate
to contact me.
4I~~J;/J;/.þy; "
M.B. Wigderson
Assistant Fire Chief
MBWjtw
Attachments
,
F IRE DEPARTMENT HEADQUARTERS - 101 WEST ATLANTIC AVENUE - DE LRAY BEACH, F LQRIDA 33444
407/243-7400- FAX 407/ 2654660
:
£ITY DF DELAAY BEA[H
FIRE DEPARTMENT
M E M 0 RAN DUM
TO: TED GLAS. DIRECTOR OF PURCHASING
THRU: KERRY B. KOEN, FIRE CHIEF~
FROM: M. B. WIGDERSON, ASSISTANT FIRE CHIEF
DATE: JULY 6, 1990
SUBJECT: MARTIN'S LAMAR UNIFORM COMPANY
The Fire Department does not wish to be part of the
joìr.t purchase agreement with the City of Boynton Beach and
Marcin's Lamar Uniform Company. Please do not include them
in the bid process for the next budget year purchase of Fire
Department uniforms.
Attached you will find a copy of the letter I received
from Paul Johnson, Division Manager of Martin's Lamar, on
September 6, 1988 in which he stated that efforts would be
made to improve the quality of service, timeliness and
quality of purchase, because our experiences in 1987/88 had
been very poor. Improvements were made in 1988/89 yet, we
had more complaints this year over last year. Enumerated
below are some of our problems:
1. Loss of orders
2 . Measurements taken incorrectly
3. Items returned more than one time for correction
4 , Many additional expenses due to alterations needed
(pants shortened, emblems having to be sewn on,
etc)
5. Double billing
6. Billing errors
7 . Delivery promised for 12 weeks, was 24 weeks
8. Unable to meet any deadlines
9. Extremely poor service
F IRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444
407/243-7400. FAX 407/265-4660
Page 2
Memorandum
Martin's Lamar
After the discussion with Mr. Johnson, the previous
year, concerning the many problems we were having with the
company and his promise to improve the services, we found
the past year intolerable as far as quality of services. As
you can see from the listing of the complaints there was
only some improvement for one year and rather a failure to
come up to any kind of a standard. I do not want to be
associated with this company any longer.
//1,:7J ¿j ~clA/.,ft'^"
. .. f
M. B. Wigderson
Assistant fire Chief
MBW/mmh
,
f ' I
Martin's Lamar Uniforms A DIVISION OF
,,¡- Superior Surgical
7230 NW. 46th Street - P.O. Box 521343 Mfg. Co., Inc.
Miami, Florìda33152-1343
(305) 593-1500
September 6, 1988
Chief Michael Wigderson
Del ray Beach Fire Dept.
100 W. Atlantic Avenue
De 1 ray Beach, Fl 33444
Dear Chief Wigderson
It was a pleasure to meet you on September 1, and I would like to thank you
for allowing me to discuss our inabilities in the previously handling of the Fire
Department uniform orders. I appreciate your open and frank discussion.
In respondence to the items we discussed I will outline what we agreed upon:
1). We will invoice each firefighter individually.
2). We will set a standard sleeve length and cut off short sleeve
shirts so that the bottom of the Paramedic emblem will strike
the hem line of the shirt sleeve.
3). More efforts will be placed on quality control.
4).'Wewill provide jumpsuits in Regulars, Longs, and X-Longs
additionally we will provide a better line for sizing.
5). We will provide one week turn around on alteration & exchanges.
6). We will deliver your up coming uniform order in six weeks.
In addition we will set-up a three day measuring schedule at your convience
at which Steve Stidham and ~self will handle the measurin~ of uniforms for your
depa rtment .
When the uniforms are ready for delivery Steve and I again will come up and
help issue your department unifonrns.
Again, I want to thank you for your time and willingness to work out our
problem. We look forward to a good working relationship and please don't hesitate
to contact me at anytime.
,.,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt971
SUBJECT: AGENDA ITEM # 9f1 - MEETING OF MARCH 13, 1991
REPORT OF APPEALABLE LAND USE ITEMS
DATE: March 7, 1991
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period of
February 25th through March 12th. The following actions were
considered during this reporting period:
Planning and Zoning Board:
-Approved minor modification to the existing conditional use
for Mt. Olive Missionary Baptist Church.
-Continued the request to amend the LDRs regarding setbacks
for zero lot line projects to March 18, 1991.
-Approved by a 6-0 vote a minor modification to the Hidden
Lakes Master Plan which reduces the sideyard setback to ten
(10) feet.
-Accepted list of items to be included in Plan Amendment 91-1.
Site Plan Review and Appearance Board:
-Approved the elevation plans to allow neon lights at
storefront entrances of Delray Mall.
-Approved the elevation plans for building addition for the
Drug Abuse Foundation Residential Treatment Complex.
The Historic Preservation Board did not have a meeting during this
reporting period.
C I T Y COM MIS S ION DOCUMENTATION
TO:" ALISON MACGREGOR-HARTY, CITY CLERK
THR~~.~~~
~PARTMENT OF PLANNING AND ZONING
Xfh,/'V'- aÆ.-
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF MARCH 13, 1991
REPORT OF APPEALABLE LAND USE ITEMS
FEBRUARY 25, 1991 THRU MARCH 12, 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 February 25, 1991, through March
12, 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.
I
City Commission Documentation
Report of Appealable Land Use Items
February 25, 1991 thru March 12, 1991
Page 2
PLANNING AND ZONING BOARD MEETING OF FEBRUARY 25, 1991:
1. Approved a minor modification to the existing conditional
use for the Mt. Olive Missionary Baptist Church, to allow a
6,802 sq. ft. building addition which will house offices,
meeting rooms, classrooms, a multi-purpose auditorium and
kitchen. The provision of a new parking lot on an adjacent
vacant lot will replace parking spaces eliminated by the
building expansion. This approval was granted with the
conditions, namely,
- a separate child care nursery cannot be established
without first processing a modification to this
conditional use approval;
- the auditorium and/or classrooms shall not be used for
extra seating in conjunction with worship services;
- the use of the addition shall be restricted to no more
than 317 persons;
The Board determined that the southerly parking area is an
existing nonconforming situation and, as such, does not need
to comply with CF regulations.
While significant site planning items were identified,
action on these items rests with the Site Plan Review and
Appearance Board.
2. Continued the request to amend the Land Development
Regulations regarding setbacks for zero lot line projects to
the March 18th meeting.
3. Associated with the above item, the Board approved by a vote
of (6 to 0), a minor modification to the Hidden Lake Master
Plan which reduces the sideyard setbacks to 10'.
3. Accepted the List of Items to be included in Plan Amendment
91-l.
Several items were continued to upcoming worksessions or to the
March 18th meeting. Other items either have been previously
considered, or will be considered at the City Commission March
13th meeting.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF FEBRUARY 27,
1991:
1. Approved the elevation plans to allow the addition of neon
lights to the storefront entrances of the Delray Mall.
,
,
City Commission Documentation
Report of Appealable Land Use Items
February 25, 1991 thru March 12, 1991
Page 3
2. Approved the elevation plans for building addition for the
Drug Abuse Foundation Residential Treatment Complex at
Swinton Avenue.
No other appealable items.
HISTORIC PRESERVATION BOARD: No Regular Business meeting was held
during this period.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachments: Location Maps
JA/#53/CCACTIONS.TXT
" ,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER,~
SUBJECT: AGENDA ITEM # ~ß - MEETING OF MARCH 13, 1991
AMENDMENT TO EMERGENCY SERVICES MUTUAL AND AUTOMATIC AID
AGREEMENT
DATE: March 6, 1991
This amendment is necessary to provide interim assistance for
emergency medical services and fire suppression responses in the
southwest portion of the City. This agreement provides for mutual
assistance and automatic emergency response services between the
City and Palm Beach County provided that the request is properly
submitted and will not place the assisting party in undue jeopardy.
Additionally, each participant will be financially responsible for
their own personnel, equipment, travel costs, and related expenses.
This agreement covers the period January 1, 1991 to December 31, 1996.
/ __!.#-- /' ;)/) L
o 0r.£~'
£IT' DF DELRA' BEA[H
FIRE DEPARTMENT
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: MARCH 7, 1991
SUBJECT: AMENDED EMERGENCY SERVICES AGREEMENT - PALM BEACH
COUNTY
The attached amended emergency services agreement with Palm
Beach County incorporates the necessary language for automatic
aid emergency response purposes. This agreement has been
reviewed by the City Attorney's Office for legal sufficiency and
form and it also has been forwarded to Palm Beach County Fire
Rescue for their consideration.
This item is recommended to go before the City Commission at
their regular meeting, March 13, 1991, for review and approval.
The item will then be scheduled for the County Commission's
consideration at their last meeting in March or their first in
April.
\t~ þ.\G,~ ~
Kerry B. Koen
Fire Chief
KBK/ew
Attachment
FIRE DEPARTMENT HEADOUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444
407/243-7400. FAX 407/2654660
,
EMERG~NCY SERVICES MUTUAL AND AUTOMATIC AID AGREEMENT
This Agreement is entered into this day of
, 199 -, by and between Palm Beach County,
Florida and the City of Delray Beach, Florida.
WHEREAS, the parties to this Agreement presently
maintain a Fire-Rescue Department with fire rescue equipment,
medical personnel, hazardous materials response equipment and
trained technical personnel, and other emergency capabilities;
and
WHEREAS, it is deemed mutually advantageous to enter
into this Agreement providing for mutual or automatic aid in
times of emergency where the need created may be too great for
either party to deal with unassisted, or where response times may
be improved through cooperative agreement,
NOW, THEREFORE, it is agreed by and between the parties
that each wi 11 render assistance and service to the other under
the following stipulations, provisions and conditions:
1. Mutual or automatic aid and assistance will be
given when properly requested so long as rendering the aid and
assistance requested will not place the assisting party in undue
jeopardy.
2. The person requesting mutual or automatic aid and
assistance shall give the following information at the time the
request is made:
a) The general nature, type and location of the
emergency.
b) The type of equipment and/or personnel
needed.
3. Only the following officials of the participating
parties are authorized to request aid and assistance under this
Agreement: The respective Fire Chiefs, Assistant or Deputy Fire
Chiefs, or the respective Incident Commanders, and the emergency
communications center staffs of the respective jurisdictions.
4. In the event of an emergency occurrence which
requires additional assistance, the Fire Chief of the
jurisdiction in which the incident is located, or in his absence,
the Assistant or Deputy Fire Chiefs or the Incident Commander,
will direct the activities at the scene where the emergency
exists, but personnel on the mutual or automatic aid call will
remain under the command of their own officers at all times. The
rendition of services, standards of performance, discipline of
officers and employees, and other matters incidental to the
·
Emergency Services Mutual and Automatic Aid Agreement Page 2
performance of services and control of personnel shall remain
within the respective control of their own departments.
a) The medical protocols of the respective
departments shall govern patient care.
S. Each participating party reserves the right to
refuse a mutual or automatic aid call in the event it does not
have the required equipment available or if, in its judgment,
compliance with the request would jeopardize the protection of
its own jurisdiction.
6. No employee of either party to thi s Agreement
shall perform any function or service which is not wi thin the
scope of the duties of that person within hisjher own department.
7. Persons employed by either party shall not in
connection with this Agreement or in the performance of services
and functions pursuant hereto claim any right to pension,
workmen's compensation, unemployment compensation, civil service,
or other employee rights or privileges granted by operation of
law or otherwise except through and against the entity by which
they are regularly employed.
8. The parties to this Agreement and their respective
officers and employees shall not be deemed to assume any
liabili ty for the act, omissions, and negligence of the other
party. Further, nothing herein shall be construed as a waiver of
sovereign immunity, pursuant to Florida Statutes, Section 76B.2B.
9.' All the privileges and immunities from liability,
exemptions from law, ordinance and rules and all pensions and
relief, disability, workmen's compensation and other benefits
which apply to the activity of the officers or employees of
ei ther party when performing their respective functions wi thin
the territorial limits for their respective agencies shall apply
to the same degree and extent to the performance of such
functions and duties extraterritorially pursuant to this
Agreement. Liability for injury to personnel, and for loss or
damage of equipment, shall be borne by the party employing such
personnel and owning such equipment.
10. The cost of gasoline and other normal supplies
used for mutual or automatic aid purposes shall be the
responsibili ty of the party using such supplies, except that
certain expendable supplies, such as foam or other specialty
products, will be replaced by the agency requesting assistance.
11. All compensation for personnel shall be borne by
the employing party.
12. The Fire Chiefs of the respective jurisdictions
are authorized to develop automatic aid plans and procedures
where the two parties agree that improved response times or other
,
. .
E~ergency Services Mutual and Automatic Aid Agreement Page 3
forms of efficiency within their jurisdictions may be achieved
for the benefit of the public. The Fire Chiefs are also
authorized to promulgate necessary administrative regulations and
orders to implement and administer these plans and procedurès.
13. The term of this Agreement is from January I, 1991
to December 31, 1996.
14. Either party to this Agreement may, upon giving
sixty (60) days written notice to the governing body, of the other
party, terminate this Agreement and after the effective date of
such notice both parties will be relieved of any further
obligations under this Agreement.
15. This Agreement shall continue in full force and
effect for like terms as that set up in the original term of this
contract, subject to the termination provisions of Paragraph 14.
16. A copy of this agreement shall be fi led wi th the
Clerk of the Circuit Court of Palm Beach County, Florida.
17. Both parties to this Agreement, on an annual
basis, shall exchange Capital Improvement Plans indicating
projected location and anticipated time frames for construction
of future fire stations within their respective jurisdictions.
It is understood that these plans may be modified subsequent to
submission and said plans are subject to subsequent funding
allocations and approvals.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be signed by their duly authorized officers on
this day of , 199 - .
ATTEST: CITY OF DELRAY BEACH
City Clerk MAYOR
Approved as to form and legal
sufficiency:
City Attorney
ATTEST: PALM BEACH COUNTY, FLORIDA BY
ITS BOARD OF COUNTY COMMISSIONERS
Deputy Clerk By:
Chairman
Approved as to form and legal
sufficiency:
County Attorney
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # -~ - MEETING OF MARCH 13 1991
REUSE OF CARVER COMMUNITY MIDDLE SCHOOL
DATE: March 6, 1991
We have received a request from the Education Board for Commission
authorization to form a specialized Task Force to address the reuse of
Carver Community Middle School. As proposed the Task Force would
report its findings to the Education Board, who would in turn present
them to the Commission. The Education Board, by consensus, believes
the creation of a Task Force would be the most expedient way of
developing alternatives for Carver Middle School while insuring
community involvement.
Alternately, it may be more appropriate for the Commission to
appoint the Task Force. In this way the Commission would have direct
control over determining the scope, composition and membership of the
Task Force. While education is a primary concern, consideration
should also be given to the needs of the community with regard to
recreation and other special activities.
,
, Agenda Item No. :
AGENDA REQUEST
Date: 3/6/91
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: 3/13/91
Description of agenda item (who, what, where, how much):
Education Board Requests Establishment of Task Force for the Re-Use of Carver
Middle School
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommenda tion: Approve Request and Provide Direction on Citizens
Appointments
Department Head Signature: ~ ~ ----=..
I
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO lYf--1
Hold Until: ;
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
·
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: CARVER MIDDLE SCHOOL- REUSE OF EXISTING SITE ISSUE
REQUEST TO CREATE A TASK FORCE/EDUCATION BOARD
DATE: MARCH 6, 1991
ITEM BEFORE THE COMMISSION:
- -
City Commission approval to allow the Education Board to create a
Task Force as a citizens input process to develop their
recommendation for Commission consideration on the re-use of
Carver Middle School.
BACKGROUND:
The Consensus Statement, which is approved by both the City
Commission and the Palm Beach County School Board, provides for
the City's participation in formal discussion and decisions with
the School Board regarding the re-use of Carver Middle School
buildings and site. The Education Board, in it's advisory
capacity to the City Commission, is responsible for providing
recommendations for Commission consideration that would be
submitted to the School Board. The Board has determined that the
Community's input into the development of such recommendations is
very important. The creation of a Task Force with a broad
representation of Delray Citizens is considered the best avenue
to develop alternatives for Carver in a timely manner.
Commission direction regarding the selection of persons who might
serve on the Task Force is required.
RECOMMENDATION:
We are recommending that the Commission approve the Education
Board's request to create a Task Force and that direction be
provided on the appointment of citizens to this committee.
B:TF.EB/LG5
,
, .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER¿9lv1
SUBJECT: AGENDA ITEM # ~D - MEETING OF MARCH 13, 1991
ALLEYWAY IMPROVEMENT PROGRAM
DATE: March 7, 1991
This item is before the Commission for approval of a priority list
which sets forth the schedule for improvement of alleyways under the
Decade of Excellence Alleyway Improvement Program. In the first
issue, under the Decade of Excellence Bond, $500,000 is targeted for
improvement of commercial alleys. The alleyways under consideration
are those which serve commercial uses in the area bounded by Swinton
Avenue, N.E. 4th Street, the Intracoastal Waterway, and S.E. 2nd
Street. In addition, the alleyways in the block immediately west of
Swinton were also analyzed and considered for inclusion into the
program pursuant to a request by the Old School Square Property Owners
Association.
The Planning and Zoning Board at their March 7th meeting reviewed this
item and recommended that the priority list and general program
direction be forwarded for adoption. The Downtown Development
Authority and Community Redevelopment Agency were represented at this
meeting. Several areas require further consideration:
-scheduling of construction during the "season";
-excessive time required for the design phase (six months);
-special coordination with the DDA and CRA for Block 109 (Ace
Hardware, Board of Realtors).
A detailed staff report is attached as backup material for this item.
Recommend that the priority list be approved arid that the staff be
directed to proceed with design and project scheduling, taking into
account the concerns raised by the Planning and Zoning Board.
I
I
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
~ .), \.z e-0~'~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 13, 1991
CONSIDERATION OF ALLEYWAY IMPROVEMENT PROGRAM
A DECADE OF EXCELLENCE BOND PROGRAM
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a priority list which sets forth the schedule
for improvement of alleyways under the Decade of Excellence,
Alleyway Improvement Program.
BACKGROUND:
In the first bond issue, under the Decade of Excellence program,
$500,000 is targeted (per the Bond description) for improvement
of commercial alleys. The alleyways under consideration are those
which serve commercial uses in the area bounded by Swinton
Avenue, NE 4th Street, the Intracoastal Waterway, and SE 2nd
Street. In addition, the alleyways in the block immediately west
to Swinton were also analyzed and considered for inclusion to the
program pursuant to a request by the Old School Square Property
Owners Association.
A first task in implementing the program was to prioritize the
sequence of design and construction of the alleyways. There were
three aspects to this task. They involved:
- use of an ad-hoc citizens group which represented
special interests: Downtown Development Authority,
Community Redevelopment Agency, Old School Square
Historic Home Owner's Association, Historic Preservation
Board, Pineapple Grove Support Group and the Chamber of
Commerce;
- field investigation by a multi-disciplinary staff team
(Engineer, Planning Director, Project Coordinator,
Planner) ; and,
- preparation of preliminary cost estimates.
,
I
City Commission Chambers
Consideration of Alleyway Improvement Program
A Decade of Excellence Bond Program
Page 2
Information from the above was consolidated and a preliminary
priority list was put forth. At this time, the overall project
was reassessed by Management and a change was proposed to not
follow the $250,000 per year schedule but to proceed with a
single (or two) contract which would include approximately
$500,000 of alleyway work excluding associated water/sewer/
drainage improvement improvements.
From strictly the alleyway improvement costs, it appears that
within the funds already allocated ($500,000) the majority of the
affected alleyways can be improved (almost to the end of Group
"C", per the schedule).
Changes to the schedule may occur as an alleyway link is added
(out of sequence) because it makes sense to continue with an
associated water or sewer improvement; or a link may be deferred
because of problems associated with actually completing the
design or construction. When such changes are contemplated they
are to be reviewed by the DSMG and reported to the City Manager.
Attached are the following:
* a map showing the alleys with identification by block
number;
* a listing, by group, for the sequencing of design and then,
later, construction; and,
* a spread sheet showing the allocation of the alleyway funds
and other associated improvements.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at a
special meeting held on Thursday, March 7th. The DDA and CRA
were informed of the meeting as were members of the ad-hoc
citizens group. Following discussion with folks present, the
Board (6-0 vote) recommended that the priority list and general
program direction be forwarded for adoption with the following
comments:
* that the construction schedule should be revised if work is
to occur during "the season" so that there is not disruption
in the downtown core (DDA boundaries) i.e. work should occur
further away;
* a concern that a six month design period appears excessive
and that an effort should be made to get to bid in a shorter
time frame;
* that Block 109 (Ace Hardware, Board of Realtors) requires
special coordination with the DDA and CRA and such
coordination needs to occur early in the design process.
I
J
City Commission Chambers
Consideration of Alleyway Improvement Program
A Decade of Excellence Bond Program
Page 3
RECOMMENDED ACTION:
By motion, approve the proposed schedule for the design and
construction of alleyways under the Decade of Excellence program
with direction to the City Manager to take the recommendations of
the Planning and Zoning Board under advisement.
Attachments:
* map
* priority listing (Blocks within Groups)
* composite cost spread sheet
DJK#74/CCALLEY
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I
. ALLEY IMPROVEMENT PROGRAM
(DECADE OF EXCELLENCE)
GROUP A GROUP 8
Block 109 $ 35,160 Block 113 $ 37,522
Block 92 20,634 Block 93 22,399
Block 100 13,083 Block 110 27,225
Block 108 (E-W only) 4,901 Block 111 23,410
Block 74 30,917 Block 118 13,369
Block 67 (partial) 7,365 TOTAL $123,925
Block 114 24,632
TOTAL $154,954
GROUP C GROUP D
Block 83 $ 28,173 Block 117 (partial) $ 11,322
Block 82 26,110 Block 101 10,113
Block 81 15,913 Block 102 23,660
Block 89 10,625 Block 94 16,873
Block 105 42,668 Block 119 17,227
Block 106 28,589 Block 77 20,463
Block 99 15,094 Block 78 25,957
Block 107 30,709 Block 65 (approx.) 19,000
Block 115 26,657 Block 69 ( approx. ) 21,000
Block 116 19,799 TOTAL $165,615
TOTAL $244,337
TOTAL FOR GROUPS A - D $688,831
GROUP E
This group has not been scheduled and cost estimates have not yet
been made. These alleys will be addressed in the second bond issue
in the following order:
Block 59
Block 60
Block 58
Block 61
Block 62
Block 117 (partial)
Block 67 (partial)
Block 66
Block 57
Block 91
Block 70
Block 76
Block 84
JW/#2/ALLEY5.TXT
,,'
I
] .' ALLEYWAY IMPROVEMENT PROJECT
(DECADE OF EXCELLENCE)
STORM
BLOCK PAVING WATER SEWER DRAIN TOTAL
109 $ 35,160 $ 45,428 $ 39,994 $ - - $ 120,582
92 20,634 23,794 36,869 14,857 96,154
100 13,083 16,268 35,762 - - 65,113
GROUP A 108 4,901 7,830 16,430 - - 29,161
74 30,917 43,268 30,564 - - 104,749
75 18,262 - - 44,183 - - 62,445
67 7,365 - - 6,086 - - 13,451
114 24,632 - - 34,931 - - 59,563
113 37,522 - - 49,300 - - 86,822
93 22,399 43,200 34,135 - - 99,734
GROUP B 110 27,225 37,942 40,804 - - 105,971
111 23,410 38,981 35,843 - - 98,234
118 13,369 - - - - - - 13,369
83 28,173 38,192 36,761 - - 103,126
82 26,110 3,983 34,108 - - 64,201
81 15,913 - - 39,400 - - 55,313
89 10,625 - - - - - - 10,625
GROUP C 105 42,668 45,765 * - - 88,433
106 28,589 40,298 36,538 19,676 125,101
99 15,094 - - * 12,263 27,717
107 30,709 38,637 36,113 - - 105,459
115 26,657 - - * - - 26,657
116 19,799 - - - - - - 19,799
117 11,322 - - * - - 11,322
101 10,113 46,663 37,283 7,464 101,523
102 23,660 35,660 37,649 4,016 100,985
GROUP D 94 16,873 38,718 22,829 - - 78,420
119 17,227 - - * - - 17,227
77 20,463 28,593 36,403 9,180 94,639
78 25,957 39,730 37,044 - - 102,731
65 19,000 * * * 19,000
69 21,000 * * * 21,000
-
TOTALS $688,831 $612,950 $759,029 $67,456 $2,128,266
* ESTIMATE NOT COMPLETE
- - NO IMPROVEMENT REQUIRED
'" ,
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY HANAGER
SUBJECT: AGENDA ITEM # ~ - MEETING OF MARCH 13, 1991
REQUEST TO PLACE A CONCESSION TRAILER ON THE BEACH
DATE: March 6, 1991
We have received a request from Atlantic Community High School Band to
place a certified food vending trailer at the beach on a Saturday
and/or Sunday for the purpose of raising money for their trip to
Washington, D.C. City Code provides that no person shall engage in
any sale, exchange, barter, rental, lease, or other transfer of goods,
property, or services on the municipal beach. However, the Code does
provide for an exception, and therefore Commission action is required.
Policy B-3.3 of the Comprehensive Plan provides that efforts to
provide concessions in the beach area shall be discouraged, and
requests for such on the beach shall be denied.
The Commission has approved several requests for concessions on the
beach with the stipulation that those concessions be kept west of AlA
on the Holiday Inn property or in the City-owned parking lot north of
the Holiday Inn. A precedent may have been set last year, however,
when the Commission approved a request from the Sunrise Kiwanis to
sell soft drinks, hotdogs, etc., on the beach at their 14th Annual
Beach Festival. Accordingly, caution should be exercised when making
a determination in this case as it could have a detrimental effect on
the municipal beach, as well as set a precedent for future requests of
this nature.
Recommend consideration of a request from Atlantic Community High
School Band to place a concession trailer on the municipal beach.
,
,< I
~flIJ {;æ.v--.C~
. . v
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Concession on Beach
DATE: February 21, 1991
Per your request I have reviewed the letter form the band
director requesting placing a concession on the beach. Policy
B-3.3 of the Comprehensive Plan (see attached) prohibits any
concessions on the beach. In the past, civic organizations such
as the Kiwanis Club have sponsored events with concessions but
they have been generally kept west of AlA on Holiday Inn
property or the new City owned parking lot. I am hesitant to
recommend that any organization be allowed to have concessions in
the aforementioned parking area because it may set a precedent
with the many worthy organizations that are looking for fund
raising events. It appears that section 101.25 of the Code of
Ordinance requires this be approved by City Commission and I
recommend it ,be placed on the agenda for their consideration.
Ù,~L
Joe Idon
Dir c or of Parks and Recreation
JW: jmh
REF:JW04691.DOC
Attachment
· .
[ITY DF DELRAY BEA[H
~oo N,W 1st AVENUE DELRA Y BEACH, FLORIDA 33444 407/243- 7000
¡
February 25, 1991
Mr. Louis st. Laurent, Band Director
Atlantic Community High School Bands
2501 Seacrest Boulevard
Delray Beach, Florida 33444
Dear Mr. St. Laurent:
This is to acknowledge receipt of your request to have a food
vending trailer at the beach in Delray.
I must tell you the City's Comprehensive Plan strongly
discourages any type of concession on the beach. The City
has, however, on rare occasions allowed concessions on
Holiday Inn property or on the City-owned parking lot, north
of the Holiday Inn.
Based on existing City policy, the City staff could not
recommend approval of your request. Nevertheless, the City
Commission, under the City Code, does have authority to
approve what you have requested. Therefore, I will schedule
your request for consideration by the City Commission at
their regular meeting on March 13th. I recommend that you
have a representative attend the Commission meeting. If you
will call the City Clerk's office on or after March 11th,
they can tell you about when this item should come up on the
agenda.
Sincerely,
A '
1.k~~Y-r./J(~~
DAVID T. HARDEN
City Manager
DTH:mld
c: Joe Weldon
THF EFFORT ALWAYS M ATJ-FRS
- '_.-. .._-- 'NIl
competition for that part of the tourist industry which has
disposable income to be spent while on vacation. This
objective shall be achieved through activities which are
, focused upon advertising, provision of services and
I
activities, and enhancement of the Coastal Zone physical
environment as presented in the following policies.
Policy B-3.l: Specific areas for designated activities
shall be established for all areas of the Municipal Beach,
and these designations shall be prominently displayed and
advertised. The use areas shall include adult recreation
areas and passive areas.
Policy B-3.2: Municipal funds shall be allocated in each
years Capital Improvement Budget for enhancement of the
streetscape. Priority. shall be on plantings along Ocean
Boulevard (A-l-A) . Enhancements shall include the planting
of indigenous plants (e.g. coconut palms) and the provision
of street furniture particularly at beach access points and
areas of congregation.
policy B-3.3: The high quality of the Municipal Beach shall
be retained through cÜrrent use restriction programs.
Efforts to provide concessions in the beach area shall be
discouraged, and requests for such on the beach shall be
denied. Cooking on the beach shall be prohibited and litter
law enforcement shall be strictly enforced except for
publicly endorsed event. . The Department of Parks and
Recreation shall review current regulations and practices
regarding these items and shall file a report regarding them
along with recommendations for enhancement to the City
Commission by June, 1990.
Policy B-3.4: A program for the "cleaning up" and
maintenance of private beachfront property shall be created
and administered through the Code Enforcement Division. The
program shall be developed in concert with the City Engineer
and shall consider the impact of such operations upon
existing habitat areas. This program shall be instituted
in the FY 90/91 budget, if not sooner.
GOAL ~ "Cn DEVELOPMENT AND REDEVELOPMENT IN THE COASTAL
ZONE SHALL BE COMPATIBLE WITH THE EXISTING
CHARACTER OF THE AREA, AND SHALL PROVIDE FOR
A SENSITIVE BALANCING OF THE NEEDS FOR
ECONOMIC DEVELOPMENT , REDEVELOPMENT , AND
ENVIRONMENTAL PROTECTION.
t
I,
I III-F-22
~'
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-
.
75 DELRA Y BEACH PARKS, BEACHES, AND RECREATION S 101.25
. directions of the duly authorized peace trails established for such purposes.
officers or agents of the Department, in Footpaths or walks designated for
the lawful performance of their duties. pedestrian travel shall not be used for
No person shall enter any building that vehicular travel.
is closed or not available for the public No motor vehicles shall be
use. Any person directed by a police (E)
officer or agent of the Department to driven upon the municipal beach without a
leave the park, recreation, or municipal written permit from the Parks and
beach site shall do so promptly and Recreation Department.
peaceably.
(F) All ordinances of the city with
(B) All persons who take part in any respect to vehicles shall be in full
specialized activities for which there is force and effect in the parks of said
a fee, rental, or admission charge must ci ty.
abide by the posted regulations adopted
by the Department for those specialized (G) No person shall ride any horse
activities. No person shall be allowed or other animal within any park and
within the confines of those specialized recreation site, except upon bridle paths
activities unless they have first paid designated as such.
the fee, rental, or admission charge. Penalty, see § 101.99
(C) No person shall remain in, or § 101.25 COMMERCIAL ENTERPRISES; SALE OR
use any part of the facilities of any RENTAL OF GOODS OR SERVICES.
park, recreation, or municipal beach
during the times these areas are closed. (A) No person shall sell or offer
for sale any article, thing, privilege,
(D) No person shall sWim"bathe, or service within any park, recreation,
wade, or enter into any waters in any or municipal beach site without a permit
park on municipal beach where prohibited from the Parks and Recreation Department,
or in a manner contrary to regulations and no person shall do any ëegging,
prescribed by the Department. hawking, peddling, or sOliciting therein.
(E) No person shall fish in any (B) No person shall engage in any
. waters in any park on municipal beach sale, exchange, barter, rental, lease, or
contrary to regulations resolved by the other transfer of goods, property, or
Department or in water where fishing is services whether tangible or intangible,
prohibited by the Department. on the municipal beach or on the area
west of the municipal beach between the
(F) No person or group of persons easternmost edge of the east curb of
shall loiter, as defined in S 132.08, in State Road AlA (Ocean Boulevard) and the
or near any building, toilet, or west right-of-way line of State Road AlA
structures or in or near a motor vehicle (Ocean Boulevard), except pursuant to a
or vehicles, on or about a motorcycle or nonexclusive license contract, as
cycles, or on or about bicycles within provided therein.
any park, recreation, or municipal beach
site. (C) Any person desiring to engage in
Penalty, see S 101.99 activ~ty prohibited herein shall apply to
the City Commission through the City
§ 101. 24 TRAFFIC REGULATIONS. Manager for the execution of a
nonexclusive license contract.
(A) No person shall drive, propel,
or cause to be driven or propelled along (D) In determining whether it shall
or over any road within any park, any grant a license contract, and the terms
vehicle at a greater rate of speed than and conditions thereof, the Commission .'
posted, and in any event, not more than shall consider, but shall not be limited ;;
25 miles per hour. to, the following criteria: I
¡,;
(B) No person shall park or store ( 1) Whether the proposed
any motor vehicle, motorcycle, bicycle, activity is consistent with the operation
wagon, or other vehicle within a park, of the municipal beach as being
recreation, or municipal beach site noncommercial, recreational, and relaxing.
except in places'designated for such
purposes. (2) Whether the activity is
commonly associated with relaxing,
(C) Laws of the city requiring noncommercial, recreational marine
lights on vehicles shall apply to beaches.
vehicles in a park, recreation, or
municipal beach site. (3) The effect on the health,
. safety, and general welfare of the
(D) Vehicles shall be restricted to bathers, swimmers, and individuals using
drives, roadways, paths, walks, and the beach.
,
. JOE WELDON: Please prepare a staff recommendation. DTH
, . ~/{91<J1 1)'0
I 1][1új[1]liDß The Greatest on the Gold Coast
PHONE:~07 )243-1518
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FEe 11:' r
~'!t\ , ..) 1991
Mr. David Hardin ' I ihl.i/t'¿".:¡t(' ,'r
( 1
Delray Beach City Manager
100 N.W. 1st Ave.
Delray Beach, Fl 33444
Dear Sir:
The Atlantic Community High School Band has been invited to the
John F. Kennédy Center for the Performing Arts in Washington D. C. .
The band will represent our city, our county and the to the best of
our knowledge the state of Florida at this festival.
We request permission from the city to have a certified food vending
trailer at the beach in Delray for the purpose of raising money for
this trip. We would like to do this on a Saturday and/or Sunday that
will be convenient to both the city and the band parents. This
trailer will be staffed by the band parent members and students. If
you have any questions concerning this request, please contact me.
Thank you for your help.
~~~
Mr. Louis St. Laurent
Band Director
The Pride of De/ray and Boynton Beach
2501 SEACRE&" BOULEVARD, DELRAY BEACH, FLORIDA 33444
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fì}v1
SUBJECT: AGENDA ITEM # qp - MEETING OF MARCH 13, 1991
REQUEST FOR SPECIAL EVENTS PERMIT
DATE: March 6, 1991
We have received a request from the Little Folk Day Care Center for a
special events permit to hold a bazaar on Saturday, April 20th and
Sunday, April 21st, on vacant property located on the northwest corner
of Roosevelt Avenue and Lake Ida Road. The bazaar would be held
between the hours of 9 a.m. and 6 p.m. The event will be a scaled
down version of the Roots Festival and Delray Affair, with food
booths, novelty items, art and crafts, and musical entertainment.
The property owner has granted approval for the use of this site.
As this event is being held on private property, there is no
requirement for insurance ind~mnifying the City from any claims
arising as result of this activity. Additionally, the applicant has
been informed of other agency requirements which may be applicable to
this event, 1. e. Health Department inspection and certification for
the sale of food and security as specified by the Police Department.
Recommend approval of request from the Little Folk Day Care Center for
a special events permit to hold a bazaar on Saturday, April 20th and
Sunday, April 21st, on vacant property located on the northwest corner
of Roosevelt Avenue and Lake Ida Road, contingent upon the
satisfaction of other agency requirements as indicated above.
,
.
.
, Agenda Item No.:
AGENDA REQUEST
Date: 3/6/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 3lß)Q {
Description of agenda item (who what where, è~~ m~7h)·
Little Folk Day Care Center Request to ~old a ~azaar - 4ï2 - ï91
Corner of Roosevelt Ave and Lake lda Koad
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
~ ~ .._--.---.-.
Department Head Signature:
t ..
Determination of Consistency with Comprehensive Plan:
.
City Attorney Reviewj Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YESj NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: W/ NO f/v1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
·
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: LITTLE FOLK DAY CARE CENTER/REQUEST TO HOLD SPECIAL EVENT
ACTIVITY ON PRIVATE PROPERTY IN THE FORM OF A "BAZAAR"
SATURDAY AND SUNDAY, APRIL 20 & 21, 1991 - -
DATE: MARCH 6, 1991
ITEM BEFORE THE COMMISSION:
- -
This is a request to hold a fund-raising event for the Little
Folk Day Care Center in the form of a "Bazaar", which will be
open to the general public on Saturday and Sunday, April 20 & 21,
1991, between the hours of 9:00 AM and 6:00PM. The event will be
held on private property located at the corner of Roosevelt
Avenue and Lake Ida Road. The property is approximately 6 acres
of vacant land.
BACKGROUND:
The owner of the day care facility has stated the event will be
similar to the Roots Festival and the Delray Affair only on a
much smaller scale. Food booths, novelty items, arts & crafts
and musical entertainment will be some of the activities carried
out.
Section 110.15 of the City's Code of Ordinances require the
issuance of a Temporary Business License upon approval by the
City Commission for a special event activity that is held no more
than once per year. The applicant has been informed of other
agency requirements that may be applicable to this event, i.e.
Health Department inspection and certification for the sale of
food to the general public and security as specified by the
Police Department.
RECOMMENDATION:
Staff is recommending approval of the special event request. A
copy of the property owner's written approval authorizing the use
of their property is attached.
LB:DQ
LG5
B:Bazaar.MB
, I
--- --
LITTLE FOLK DAY CARE CENTER
Nursery · Daycorr · Kindergarten
7 AM - 5:30 PM
326 N.W. 71h Ave, MILDRED BURNS
Dc:lray Beach. Florida 33444 (305) 276-2920
February 11, 1991
David Harden
City Manager
City of Delray
100 N. W. 1st Avenue
Delray Beach, FL 33444
Re: Permit - Bazaar
Dear Mr. Harden:
This letter comes to solicit a permit to hold a Bazaar. This
event will be like the Delray Affair ar Roots Festival.
Merchants will occupy boothes with goods for sale, refreshments
will be available, and some musical entertainment will also be
enjoyed.
The site is on Lake Ida Road; the northwest corner of Lake Ida
Road and Roosevelt Avenue. Permission has been granted by the
owner of the parcel, the Delray Beach Church of Christ.
Please grant a permit so that we may complete our plans for
this event. It will be a positive community affair. If you
wish to contact me, please feel free to call me at my home 272-
5892 or work 276-2920. Thank you for your consideration. .
Very truly yours,
Mildred Burns
330 N. W. 7th Avenue
Delray Beach, FL 33444
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER¡,f!{~
SUBJECT: AGENDA ITEM # '1G} - MEETING OF MARCH 13 , 1991
REQUEST FOR SPECIAL EVENTS PERMIT
DATE: March 6, 1991
We have received a request from the Body of Christ Fellowship Church
for a special events permit to hold a gospel rally on March 24th on
the vacant property adjacent to the Bi-Lo Market located at 946 West
Atlantic Avenue. The Body of Christ Fellowship Church is proposing to
hold a two hour gospel event which will consist of singing and
ministering. A stage, consisting of a U-Haul Trailer bed with a
generator, microphone and a logo banner, will be set up on the
property during this event. This event will be open to the public.
Attached as backup material for this item is a letter from the
property owner approving the use of his property. As this event is
being held on private property, no liability insurance indemnifying
the City, is required. While the Commission has previously approved
special events permits for various activities, this gospel rally is
the first of its kind, therefore staff is unable to make a
recommendation.
Recommend consideration of the request from the Body of Christ
Fellowship Church for a special events permit to hold a gospel rally
on March 24th on the vacant property adjacent to the Bi-Lo Market
located at 946 West Atlantic Avenue.
I
·
, Agenda Item No.:
AGENDA REQUEST
Date: 3/6/91
Request to be placed on:'
X Regular Agenda
Special Agenda Workshop Agenda
When: 3/13/91
Description of a~enda item (who, what, wheret how much):
Request to Hold a 'Gospel Rally" on vacant property at he
Bi-Lo Market, 946 W. Atlantic Ave, on March 24, l~~l
by the Body of Christ Fellowship Church
ORDINANCE/ RESOLUTION REQUIRED: Draft Attached: YES/NO
Recommendation: Commission consideration
Department Head Signature: ~~~" v,"__
Determination of Consistency with Comprehènsive 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 tJ1v1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,
'"
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT U3
RE: REQUEST TO HOLD A "GOSPEL RALLY" ON W. ATLANTIC AVE.
MARCH 24, 1991/BODY OF CHRIST FELLOWSHIP CHURCH -
DATE: MARCH 6, 1991
ITEM BEFORE THE COMMISSION:
- -
A request to hold a "Gospel Rally" on the property adjacent to
the Bi-Lo Market, 946 West Atlantic Avenue, on Sunday afternoon,
March 24, 1991, between 3:00 and 5:00 PM. A U-Hall trailer bed
with a generator for music hook up, microphone and a logo banner
will be used during the two (2) hour event.
BACKGROUND:
Section 110.15 of the Ci ty' s Code of Ordinance requires City
Commission approval prior to the issuance of a Temporary
Occupational License. Section 99.30 provides for the authority
of the City Manager to grant a special variance to the Noise
Ordinance for such events. This is the first request from this
Church to hold a public event. The Body of Christ Fellowship
Church meets at Atlantic High School and is under the leadership
of Pastor Carlton.
RECOMMENDATION:
We are recommending consideration of the request to hold a
"Gospel Rally" as presented by the Body of Christ Fellowship
Church. Their written request and permission from the property
owner for the use of open space is attached for your reference.
B:Gant.LB/LG5
I
. .
To whom it may Concern:
Dear Mrs. Bultler;
I am writing you this letter in response to our concern and
care for our city and community. I spoke to Major Lincoln a
few months ago about having a "Gospel Rally". He refered me
to Joyce Desormeau, and she in return refered me to you and
told me to write you a letter explaining what this was about.
In the month of March we would like to have a gospel rally, on
Alantic ave, between S.W.9th and S.W.4th St. We will select an
open area that is non/prohibted to the general public. We will
not be directly in or on the streets.But in an empty lot.
The equipment will include a u-haul trailer bed that is small
and a generator for the music hook up, a microphone and our
logo banner. This event is open to the public, anyone is wel-
come and there will be refreshments served.
The time of this event is March 24, 1991 from 3:00pm - 5:00pm.
We are willing to cooperate with any city regulations that are
¡ required. Please let us know immediately what your reponse is,
so we can further prepare. I hope you will consider this re-
quest and grant this permit to carry out a good and worthy
cause.
Thank You
May God Bless you & yours
in this
New Year.
Sincerly
Francine Gant/church Admin.
499-9046
FEB 0 8 91
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I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # q-H - MEETING OF MARCH 13, 1991
REQUEST FOR FUNDING FROM PROJECT MOSAIC
DATE: March 6, 1991
The City has received a request for funding from Project Mosaic,
a public, non-profit organization established to address racial
integration in communities and schools and its impact on excellence in
education. More than 4,000 Palm Beach County residents have
participated in the Mosaic process. There are five Mosaic Task Forces
which work with housing, intercultural relations, job
opportunities/economic development, quality/equality of education, and
school boundaries.
The John D. and Catherine T. MacArthur Foundation awarded the Project
a grant of $75,000 in 1990 and will contribute one dollar for every
locally contributed dollar received by Project Mosaic before May 31,
1991. Any funding received from local sources would be used to retain
consultants, facilitate the work of the Task Forces, and defray office
and staff expenses.
As you know, $2,500 was allocated in the City Commission Special
Events Account to be used for such requests. Of that amount, our
records show that $1,000 was given to S.D. Spady Elementary School,
$1,000 to Pine Grove Elementary, $500 to Old School Square, and $1,000
($500 excess from Project Graduation and possibly the $500 allocated
for Martin Luther King Day) to the Atlantic High School Band.
As previously stated, we are not in a position to fund any unbudgeted
requests unless funds are taken from some other previously approved
item. In this case, the request should be denied. A copy of the
policy regarding requests for funding along with the appropriate forms
will be sent to this organization thus providing them with the
mechanism and time frame for submission of future funding requests.
Recommend denial of the request for funding from Project Mosaic.
.
-
-
V~()J-=~T M()§ÁIC fEB 2 0 91
Á Valm l3each C()Unt,., C()llab()l"ati()n
~
February 19, 1991
Mayor Thomas E. Lynch
100 N.W. First Avenue
Delray Beach, FL 33444
Dear Mayor Lynch:
Nearly a year ago the citizens of Palm Beach County established Project Mosaic
to address racial integration in their communities and schools and its impact
on excellence in education. The program has led to significant attention being
focused on the different elements of integration and the need to promulgate
solutions that are workable and have broad community support. More than 4,000
residents have taken the time to participate in the Mosaic process and to
volunteer their opinions for dealing with an issue that touches the heart of
our communities.
The work of the five Mosaic Task Forces - Housing, Intercultural Relations, Job
Opportunities/Economic Development, Quality/Equality of Education, and School
Boundaries - has led to a consensus vision of what residents see as their ideal
community and an emerging plan for moving towards that vision. Project Mosaic
has publicly committed to a first draft of recommended solutions for
consideration by county, city, and community agencies by July 23, 1991 and a
final draft of recommended solutions with a preliminary plan for implementation
in October, 1991.
To achieve the objectives of Project Mosaic, a number of local organizations
have financially supported the project during the past year. The John D. and
Catherine T. MacArthur Foundation awarded the Project a grant of $75,000 in 1990
and will contribute one dollar for every locally contributed dollar received by
Project Mosaic before May 31, 1991.
To meet this challenge, we are asking your municipality and others to
financially support Project Mosaic. The generosity of the MacArthur Foundation
must be matched by the commitment of local residents, businesses and
municipalities to keep this important work progressing and our community
involved. These funds are needed to retain nationally recognized consultants,
to facilitate the work of the Mosaic Task Forces and to help defray office and
staff expenses.
1555 Palm Beach Lakes Blvd., Suite #416, West Palm Beach, FL 33401
(407) 471-8896
I
-
Page 2
Contributions should be returned to and made payable to the Education Partnership
of Palm Beach County, 1551 Palm Beach Lakes Blvd., Suite 416, West Palm Beach,
FL 33401. The Education Partnership serves as administrator of Project Mosaic
and is classífíed as a public non-profit organization as defined in Section
501(c)(3) of the Internal Revenue Code.
There are very powerful common interests between the goals of Project Mosaic and
the objectives of an economically and socially healthy community. We join in
asking you to support this important activity.
Sincerely,
. C.~ tJ~J) m.JL ~/$d
fN~ William C. Jenner William ~Iiller Thomas Mills
Pratt & Whitney IBM Corporation Superintendent
Chairman Chairman Palm Beach County
Project Mosaic Project Mosaic School District
Management Team Coordinating Committee
"...
I
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~~ - MEETING OF MARCH 13, 1991
CONTRACT FOR ARCHITECTURAL SERVICE/FIRE STATION NO. 1
DATE: March 7, 1991
At your January 29th meeting the Commission authorized staff to
negotiate with the firm ranked number one, Currie Schneider
Associates, AlA P.A., for a contract for architectural services for
the Fire Station No. 1 project. Subsequently, several legal issues
surfaced during those negotiations. To date all legal issues, except
for one, have been resolved. Currie Schneider has requested that the
"defend requirement" in the indemnification clause be removed. The
City Attorney/s office has reviewed this request and recommends that
it is in the City's best interest to maintain the "defend requirement"
in the indemnification clause. This is standard language which has
existed in all City contracts for the past five years or longer.
As of the last negotiation session, March 7, 1991, Currie Schneider1s
fee offer was at $204,800 which is $19,800 above our proposal of
$185,000. The schedule for completing the project is projected at 21
months. The Commission may can resolve this issue or direct staff to
go to the second ranked architectural firm.
Recommend consideration of request from Currie Schneider to eliminate
the "defend requirement" in the indemnification clause of the contract
and attempt to resolve the fee issue so that the contract for
architectural services for Fire Station No. 1 can be approved.
*Note: The contract document is in the front of your agenda notebook.
,
,
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 310 S.F. 1st STREET, SUITE 4 . DELRA Y BEACH, FLORIDA 33483
407/243-7090 . TELECOPIER 407/278-4755
NEMORANDUM
Date: March 8, 1991
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Fire Station No. Contract
Currie Schneider Associates, AlA, P.A. (Currie Schneid.er) and
the City have resolved all legal issues, except for the request
by Currie Schneider to eliminate the "defend requirement" in
the indemnification clause.
It is our officets opinion that the greatest protection to the
City is afforded by keeping the ttdefend requirement It in the
indemnification clause, which has existed in all City contracts
for the past five years or longer.
Our office is waiting for final Service Aut.horizations from
Currie Schneider to be included in the contract documents. If
these documents are not received in time to be included in the
Friday delivery of the agenda, they will be forwarded to you on
Monday, March 11, 1991.
City Engineer Mark Gabriel will forward to you a memorandum
outlining the service and costs of services as set forth in the
contract as proposed by Currie Schneider once he receives the
Service A orizations.
~-
cc: David Harden, City Manager
William Greenwood, Director of Environmental Services
Mark Gabriel, City Engineer
Chief Kerry Koen, Fire Department
Larry Schneider
,"
.
, DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER ~
THRU: WILLIAM H. GREENWOOD ø/L '
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: MARK A. GABRIEL, P.E.~~
ASST. DIRECTOR OF EN VIR ENTAL SERVICES/CITY ENGINEER
DATE: MARCH 8, 1991
SUBJECT: CONTRACT NEGOTIATIONS WITH CURRIE SCHNEIDER ASSOCIATES
. FIRE STATION NO. 1
.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Assistant City Attorney Susan Ruby and I met with Mr. Larry
Schneider on Monday, March 4, 1991, and Thursday, March 7, 1991
to discuss the proposed contract and proposed fees for the
referenced project.
We have estimated that $ 2.35 million is available for
construction of this project.
As of this writing, here is my understanding of the status of
these negotiations:
Currie-Schneider City
Initial Offer 3/4/91 $ 240,009 (10.2%) $ 172,500 (7.3%)
Final Offer 3/7/91 $ 204,800 ( 8.7%) $ 185,000 (7.9%)
Note: Number in parenthesis is fee as percentage of construction.
Susan and I request your direction and assistance on where we
should go from here.
With regards to the schedule for design and construction, Currie
Schneider proposes to complete the entire project in 21 months
(copy of schedule attached) . I have received this schedule and
believe it to be valid.
MG:kt
cc: File: MGCNFS1 - Fire Station #1
Interoffice Memos - Memos to David T. Harden, City Manager
Attachment
,
02/21/91 12'34 "ð'4072.43Òl,:\4 (VRRIE SrH~E¡DER i: 002
II Currie ...rc....ìtect5. P'-i4,...·ò( ..
Schneider &. Ir,lè'f'O: :JCI'g'c;;
A..ssQcia tes 1~ St-:abrt.'I.:':t..'
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334e3
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so~r~. ftœ
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,,' I
,
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER
THRU: WILLIAM H. GREENWOOD ~~
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: MARK A. GABRIEL, P.E. ~~
ASST. DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER
DATE: MARCH 11, 1991
SUBJECT: SERVICE AUTHORIZATION TO CONSULTING SERVICES AS PREPARED BY
CURRIE SCHNEIDER ASSOC. FOR FIRE STATION NO. 1
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Currie Schneider Associates has prepared separate Service Authorizations
for each phase of services for the design and services during construction
for Fire Station No. 1.
They request the following fees:
Lump Sum Additional
Fee for Service
Phase Description Basic Service Fees
I/II Schematic/Design Development $ 54,400. $ 21,500.00
III/IX Const. Document/Bidding 98,900. 12,500.00
V Const. Services 76,000. 5,000.00
TOTAL BASIC SERVICES FEE $ 229,300.
ADDITIONAL SERVICE FEE $ 39,000.00
VI Resident Project Representative Services $ 90,835.20
(over)
,<
,
David T. Harden
March 11, 1991
Page Two
Analysis:
The estimated construction cost of the proposed project is $ 2.35 million.
A. Basic Services
Currie Schneider has request a Basic Service Fee of $ 229,300 which is
9.8% of construction. It is staff's opinion that the Basic Service
Fee should not exceed $ 185,000.00 or 7.9% of construction.
B. Additional Services
Staff takes no exception to the Consultant's request for Additional
Service Fees totalling $ 39,000.00 although several of the individual
items appear high at this time, staff will negotiate these on a case
by case basis prior to recommending their approval.
C. Resident Project Representative Service
Consultant has requested $ 90,835.20 to provide a full time Site
Representation ( inspector) . It is staff's opinion that providing a
full time representative is desirable and believe that the proposed
fee is reasonable.
At this time staff is also investigating providing this service with
in-house staff. If this proves to be viable the estimated cost of
these services should not exceed $ 60,000.00.
MAG:kt
cc: MGENFS.DOC - Fire Station #1
Chief Koen, Fire Chief
Susan Ruby, Asst. City Attorney
William H. Greenwood, Director of Environmental Services
Interoffice Memos: Memos to Susan Ruby
'"
MEMORANDUH
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q.J'" - MEETING OF MARCH 13, 1991
WAIVER OF BID REQUIREMENTS/EMERGENCY PURCHASE
DATE: March 7, 1991
This item is before you for waiver of bid requirements and
authorization to make an emergency purchase of a Sumo 75HP submersible
well pump for the 20 Series Wellfield from Water Resources of Boca
Raton. The City Code provides that an emergency shall mean a situation
in which the health, safety, or general welfare of all the residents,
or a significant specified portion of the residents, of the city are
affected or shall be irreparably harmed should the purchase occur
through the regular purchasing procedures.
In this case the contaminated wells in 20 Series Wellfield must be
pumped continuously to prevent the contamination plume from spreading
west toward the golf course water supply. All other pumps are
presently in use, and no spares are available.
Recommend declaration of an emergency, waiver of bid requirements, and
authorize the purchase of a Sumo 75HP submersible well pump from Water
Resources of Boca Raton.
Funding source will be Acct. #441-5122-536-33.32, Repair & Upkeep
Equipment, for an approximate cost of $14,380.00.
" I
I , .
! f .
.
Agenda Item No.:
AGENDA REQUEST
Date: March 6, 1991
Request to be placed on:'
xx Regular Agenda Special Agenda Workshop Agenda
When: March 13, 1991
Description of agenda item (who, what, wherel how much): Staff requests City
Commission to approve purchase of 75HP Sumo pump for "20-Series" Well field. This pump is sole source -
fabricated from stainless steel & bronze to eliminate corrosion. All pumps are presently in service. No
spare available. Lightning & errant driver required replacements. Contaminated wells must be pumped
continuously to prevent contamination plume from spreading west toward golf course water supply. Funding
source will be 441-5122-536-33.32 for an approximate cost of $14,380.00.
ORDINANCE/ RESOLUTION REQUIRED: YBS/NO Draft Attached: ŒS/NO
Recommendation: Staff recommends purchase of this pump for the reasons stated above.
....
Department Head Signature: ØØl~~f~ ,,/,I&(/
Determination of Consistency with Comprehensive Plan:
't"
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~/ NO (if applicable)
Funding alternatives:
Account No. & Description: 42} 1-C31 '22- S?::Jo . ?J3-~ "2- REFA\~ $ LtrtEEP
Account Balance: C1t£.,63Ç" 13\\;t(Pr1fNT
City Manager Review:
Approved for agenda: tfj/ NO 1M
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
MEMORANDUM
TO: Pllti.fI TIll If Ù I r ,~l_:r r>...L..~~",,}. ?:S.
THRU: William H. Greenwood, Director øt .
Environmental Services
Ernest A. Kaeufer, Assistant Director Øl '1'f"V('1
Environmental Services I
Larry J. Martin, Deputy Directo~) g-b /1'
Environmental Services ' ~
FROM: Don Haley, superintendent~
Water Treatment Plant ~..~ \
~..
DATE: February 20, 1991
SUBJECT: EMERGENCY REQUISITION #
The West, Twenty Series well field is very unique, it
consists of wells number 21 thru 26. From the time this
well field was put into production in 1977 , the maximum
life on pump - motor and column was 2 1/2 years, after
complete collapse everything had to be replaced. The only
piece of equipment used over was the pump discharge head
which is above ground.
This problem was studied by Russell and Axon (City Consul-
tants) , the Hanco Company (leading Cathodic experts) .
Florida Power and Light was also brought into this study to
search for stray electricity that may have caused electroly-
sis. This problem didn't go away until the staff at the
Water Treatment Plant researched non-metalic materials of
fiber glass, 316 stainless steel, and bronze. We found only
one supply that fit our specification for a pump and motor
of bronze and 316 stainless steel, that was a Sumo, supplied
by Water Resources in Boca Raton.
The pump and motor makes up as a match, using a 6 bolt
coupler that is unique. 6 wells have this same pump and
motor, so we only need 2 spare pairs to keep this well field
operating at all times.
This is now, more important than ever, since Aero - Dri
contaminated this well field.
,
The longer anyone of these wells are allowed to be off, the
higher the possibility the contamination bloom may move to
the east and contaminate our eastern well field.
DH: j af
cc: w. Greenwood, Director, Environmental Services
E. Kaeufer, Assistant Director, Environmental Services
L. Martin, Deputy Director, Environmental Services
DHERNO
File: Memo to City Manger
,
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [!l1.
SUBJECT: AGENDA ITEM iq - MEETING OF MARCH 13, 1991
CHANGE ORDER NO. ELKINS CONSTRUCTION
DATE: MARCH 8, 1991
This Change Order reduces the contract price by $24,571.27 for
the Miller Park Water Storage Tank and Booster Station project.
The following items were deleted from the contract:
1. Westernmost storm water manhole at connection with
tank/overflow piping, flap gate and mesh screen.
2. Forty six plus linear feet of Reinforced Concrete
Pipe (RCP) from the westernmost stormwater manhole
to remaining manhole.
Additional items, change in bid to provide Allis-Chalmers split
case pumps and changes in landscaping, also contributed to a
reduction in cost.
Recommend approval of Change Order No. 1 to the contract with
Elkins Construction reducing the contract price by $24,571.27 for
the Miller Park Water Storage Tank and Booster Station project.
0.1 I
I
I'
.¡
.
Agenda Item No.:
AGENDA REQUEST
Date: March 5, 1991
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: March 13, 1991
Description of agenda item (who, what, where, how much): Staff requests
City Commission to approve Change Order No. 1 for Project No. 90-09 - Miller Park
Water Storage Tank which deducts $24.571.27 from the ori~inal contr~ct prirp hy
Elkins Construction with no change in length of contract. Changes are specified on
attachement.
ORDINANCE/ RESOLUTION REQUIRED: US/NO Draft Attached: X~ /NO
Recommendation: Staff recommends City Commission to approve Chang!'! Orn!'!r No 1
to Elkins Construction in the deduction amount of $24,571.27.
;.,.
Department Head Signature: ~/~'~.~'4~ .3!G(f:(
Determination of Consistency with Comprehensive Plan:
"'!!'
City Attorney Reviewl 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: ~~t-66b. (;/1-otz ~11 LLæ .pAR I( S~e CiJf\f.:f
Account Balance:
City Manager Review:
Approved for agenda: @/ NOP1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
'"
, ~ .
CHANGE ORDER FORM
CITY OF DEL RAY BEACH
MILLER PARK WATER STORAGE TANK AND BOOSTER STATION
CHANGE ORDER NO. One (1)
DATE: February 28, 1991 CONTRACTOR: Elkins Constructors, Inc.
OWNER: City of Delray Beach AGREEMENT DATE: December 5, 1990
The following changes are hereby made to the CONTRACT DOCUMENTS:
Original CONTRACT PRICE $ 1,835,000.00
Current CONTRACT PRICE ADJUSTED by previous $ 1,835,000.00
CHANGE ORDER:
Net (~~~)(Decrease) Resulting from this CHANGE ORDER $ (24,571.27)
The current CONTRACT PRICE including this CHANGE ORDER $ 1,810,428.73
ORIGINAL CONTRACT TIME: Days 365
Current CONTRACT TIME adjusted by previous CHANGE ORDERS Days 365
Net (Increase)(Decrease) Resulting from this CHANGE ORDER Days -0-
Current CONTRACT TIME Including this CHANGE ORDER Days 365
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 I, Definitions, of the GENERAL
CONDITIONS apply to and govern all work under this change order.
Change Order No. One (1)
Change Order Form Page 1 of 3
'"
I
I
II. REQUIRED CHANGES
1) Modifications to the stormwater drainage system and the stormwater
retention pond.
2) Provision of a separate tank drain line not tied into the stormwater
drainage system and downsized stormwater drainage system appropriately.
Option 3.
3) Deleted 40 feet of 20-inch DIP.
4) Requested deduct offered in Bid to provide Allis-Chalmers split case
pumps.
5) Changes in landscaping requested by the City Horticulturist.
See attached Request For Proposal (RFP) Nos. 1A and 2.
III. JUSTI FICA TI ON
1) Required by the SFWMD to obtain a stormwater permit for the site.
2) Required by the Palm Beach County Health Department to obtain an
environmental construction permit for the Project.
3) Requested by PBS&J to coordinate with construction by others for
the Southeastern Transmission Main.
~~ Requested by the City to obtain reduction in Contract cost.
Changes required by City Horticulturist after construction started.
The landscaping drawings that were bid were ppproved previously
by t~e City Horticulturist, the City Community Appearance Board,
and the City Zoning Board.
See attached letters from Elkins Constructors, Inc. dated 1/31/91,
212~9}', and 2/18/91.
IV. PAY ENT
Deduct for all work of change order including Option 3 for 12-inch
drainline.
($24,571. 27)
See attached letters from Elkins Constructors, Inc. dated 1/31/91
2/26/91, and 2/18/91.
V. APPROVAL AND CHANGE AUTHORIZATION
Change Order No. One (1)
Change Order Form Page 2 of 3
Acknowledgements:
'"
I
The aforementioned change, and work affected thereby, is subject to all
provisions of the original contract not speci fica11y 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: Elkins Constructors, Inc.
Change(s) Ordered by: SFWMD, Palm Beach County Health Dept, PBS&J,
City Environmental Services Dept, and City
Horticulturist
RECOMMENDED BY: ACCEPTED BY:
POST, BUCKLEY, SCHUH & JERNIGAN, INC. ELKINS CONSTRUCTORS. INC.
Engineer Contractor
By: By:
Si gna ture Date S1 gna ture Date
J. Richard Voorhees, P.E. Barry L. All red
Title: Project Manager Title: Vice President
APPROVED BY:
CITY OF DElRAY BEACH
Owner
By:
Sj gnature Date
Thomas E. Lynch
Title: r~ayor
Distribution of Signed Copies
3 copies - City of Delray Beach
2 copies - PBS&J
2 copies - Elkins Constructors, Inc. Change Order No. One (1)
Change Order Form Page 3 of 3
I
C1tJ of i --
,iJ Owner: ~ leach No. Coplea ( s 1lBQUBST POI.
, . G1 BDgfaeer: PBSIJ Inc. No.Coplea 2 PROPOSAL POR
, 0 Architect: MIA No. Coplea PROPOSBD CHANGB
(iJ Contractor: Elkins Constructors. Inc. No. Coplea 4 (UP)
[i Pield: Ji. Morris (PBSIJ Inc.) No. Cople8 1 NO.
o Other: No. Copiea r lA J
PROJECT DATA CONTRACT DATA
Name: Mfller Park Project Owner'. P.O. Number: 1966:0
Location: Delray Beach. Florida Date: January 2. 1991
Owner: Cfty of Delray Beach Drawing Number: See Attached
Other: A Un: Ernfe Kaeufer Specification SectIon: See Attached
To: (Contractor) Elkins Constructors. Inc.
Please provide the undersigned a proposal (or the following change in the work within thirty (3C
calendar days from the above date of this request. The written proposal must clearly delineate thl
scope of the proposed change in work by providing an Itemized estimate of time and costa broke,
down by materials, labor (by trade), subcontracts, overhead costs and profit. Any amount claime
for subcontracts must be similarly supported In detail. If this proposal Is accepted and approved b
the Owner, a change order will be Issued for changes in the work of the Contract in accordance wit:
Articles 10 and II of Section 0700, General Conditions of the Contract Documents.
Description of cbange in work:
Changes made per the request of the Owner. per the comments fro. the Pal. Beach County Public Health
Unit revfew, and per the cOlllllents of the South Florfda Water Management Dfstr1<:t for the surface water perwit.
Cbange Order Type: (Deletion) (Addition) (Revision) ( ) ( )
initiated by: City of Delray Beach and Post. Buckley. Schuh & Jernfgan, Inc.
Proposal must be received by: February 1, 1991 (30 days from date above)
Attachments (listing of attached documents that support description):
1. Contractor Request for Information No.: MIA
2. Descrfptfon of changes, modfffcations and revisions
3. Revised Drawings: C-l, C-2, C-3, C-4, M-l. M-3 and M-5
4.
5.
Poot. Buckley. SchU~c.b. Project Number: 07-134.40
Date: January 2. 1991
Issued by: . !Z:
J. Richard Voorhees, P.E.
Project Manager
mv/IV-018
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Delray Beach Miller Park Project
PBS&J Project No. 07-134.40
Request for Proposed Change No. 1A
January 2, 1991
Drawings
Drawing C-1
1. Added Legal Description of project site.
2. Added dimension to located southwest corner of the booster
pUDlping station from the property corner.
3. Designated planter wall for clarification.
Drawinc¡ C-2
1. Deleted westernmost stormwater manhole at connection with tank
drain/overflow piping, flap gate and mesh screen.
2. Deleted 46 +/- L.F. of 24" RCP from the westernmost stormwater
manhole (see 1 above) to remaining manhole.
3. Raised invert of Type "c" inlet, located in courtyard, by 1.01
feet.
4. Raised 15" RCP that lays between Type "C" inlet and manhole by
1.00 feet.
s. Raised invert of remaining manhole approximately 0.92 feet.
6. Provided invert elevation of roof drain at well foundation.
Drawing C-3
1. Add 155 +/- L.F. of 12" pipe from tank drain/overflow to
retention pond plus one (1) 45 degree N.J. bend, one (1) 22
1/2 degree M.J. bend, one (1) flap gate, and mesh screen.
Provide costs for (a) DIP (b) SDR 35 gravity sewer pipe and
(c) DR 25 C-900 water pipe.
2. Changed 134 L.F. of 24" RCP from manhole to retention pond to
lS" RCP and revised pipe invert per drawing.
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"
3. Modified Retention Pond:
a. Lowered bottom 1.0 feet to elevation +12.0 feet.
b. Deleted Type "Cft inlet located wi thin retention pond and
cement-sand rip rap on side slope above inlet.
c. Added modified Mitered End Section (M.E.S.) structure and
sand cement rip rap at the invert.
d. Added sand backfilled trenches in bottom of pond
(estimate to be based on minimum depth of 5 feet and
provide additional cost per foot of depth for additional
excavation). Section shown on Drawinq C-4.
e. Solid sod side slopes of retention pond and seed and
mulch pond bottom.
4. Delete 45 L.F. of 20 inch DIP water main from the western end
of transmission main piping, four (4) 45 degree N.J. bends,
and all necessary pipe restraints. Move 20-inch butterfly
valve and box approximately 25 feet east, this will becoae new
point of connection to pipeline to be installed by others.
M.J. Plug to be attached to valve.
Drawin<¡ M-1 and X-5
1. Relocated 8-inch gate valve from between 90 degree bend out of
tank bottom and 45 degree bend to between 45 degree bend and
wye and shorten valve box. Valve is intended to be outside
planter wall with this relocation.
Drawing M-3
1. Indicated locations of discharge and compound suction pressure
gauges on Section A as described in specifications.
2. Showed detail of typical pressure gauge installation as
described in specifications.
Specification,.
Specification section 11210
1. Provide four (4) Allis-Chalmers horizontal split case pumps
for the Miller Park Booster station in lieu of the Goulds
Pumps. Contractor to give the city of Delray Beach the deduct
as stated on the bid form (Section 00300 of the Contract
Documents).
,,'
ELKINS CONSTRUCTORS, INC.
COMMERCIAL . UTILITY . MEDICAL 0
January 31, 1991
FfB 6 199'
lost Buctley, Sthu.~. & Jernipø
ORLAN6B
Post, Buckley, Schuh & Jernigan, Inc.
1560 Orange Avenue, Suite 700
Winter Park, FL 32789
Attention: Mr. Richard Voorhees, P.E.
Subject: Miller Park Water Storage Tank
and Booster Station
Requëát for "Proposal No. 1/1A
Elkins Change Order Request No. 1
Dear Mr. Voorhees:
In response to the above referenced request for proposal, we
offer the following breakdown for the associated deducts and
additive costs. Please note that the proposal is offered with
three options depending on the material selected for the 12"
drain line to the retention Pond.
Deletions
Material
Description Quality Unit Cost Total
24" RCP 175 LF 11.82 $2,068.50
Manhole lEA 485.00 485.00
Ret. Pond
Rip Rap 90 Bags 2.49 224.10
Type C Inlet lEA 442.00 442.00
20" MJ Pipe 40 LF 48.44 1,937.60
20" MJ 45 Ells 4EA 569.00 2,276.00
20" Mega Lugs 4 169.00 676.00
8" DIP 20 LF 9.89 197.80
Cut and Patch Lot 200.00 200.00
Sub-Total...... $8,507.00
Labor
Description Quality Unit Cost Total
Manhole 22 Brs. 16.20 356.40
24" RCP 160 Brs. 16.20 2.592.00
Ret. Pond
Rip Rap 14 Brs. 16.20 226.80
Type C Inlet 10 Hrs. 16.20 162.00
20" DIP Piping 40 Hrs. 16.20 648.00
Sub-Total...... $3.985.20
Total Credit... $12,492.20
i p, 0, Box 2396 Jacksonville, Florida 32203 Telephone 904 384·6455
· ELKINS CONSTRUCTORS, INC.
Page Two
Mr. Richard Voorhees
January 31. 1991
Addi tions
Description Quality Unit Cost Total
Ret. Pond
(NOTE: Retention pond and trench excavation and recompaction
is estimated with the understanding that existing
material will be used for fill).
Add'l One Ft. Excav. 266 CY 3.50 $ 931.00 '-f :';
Rip Rap 80 Bags 2.49 199.20
Head Wall Lot 250.00 250 .00
18" RCP 140 LF 9.75 1,365.00
Sub-Total $ 2,145.20
12" Drainl1ne
Option 1: (DIP)
12" DIP 160 LF 23.60 3.116.00
12" MJ 45 Ell lEA 196.00 196.00
12" MJ 22-1/2 Ell 1 EA 158.00 158.00
Sub-Total...... $ 4,130.00
Option 2: (SDR 25)
12" SDR 25 140 LF 9.56 1,338.40
12" DIP 20 LF 23.60 472.00
12" MJ 45 Ell lEA 196.00 196.00
12" MJ 22-1/2 Ell 1 EA 158.00 158.00
12" MJ Sleeve 2EA 116.00 352.00
Sub-Total...... $ 2,516.40
Option 3: (SDR 35)
12" SDR 35 140 LF 5.80 $ 812.00
12" DIP 20 LF 23.60 412.00
12" MJ Couplings 2EA 153.00 306 . 00
12" 45 Ell lEA 53.00 53.00
12" 22-1/2 Ell 1 EA 53.00 53.00
12" MJ x SDR 2 EA 21.00 54.00
Sub-Total. . . . . . $ 1,750.00
Material Sub-Total(s) Option 1..... $6,875.20
Option 2..... 5,261.60
Option 3..... 4,495.20
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~ ELKINS CONSTRUCTORS, INC.
Page Three
Mr. Richard Voorhees
January 31, 1991
Labor
Description Quality Unit Cost Total
-
Retention Pond
Add 1 Ft. Excavation 16 Hrs. $16.20 $ 259.20
Rip Rap 10 Hrs. 16.20 162.00
Head Wall 16 Brs. 16.20 259.20
Excavate Trenches 80 Hn. 16.20 1,296.00
(NOTE: Trenches are quoted 5 Ft. deep per your request. Any
excavation required over 5 Ft. will be done at
$2,000/ft.)
Backfill and compact 80 16.20 1,296.00
18" RCP 150 16.20 2,430.00
Sub-Total...... $ 5,702.40
12" Drainl1ne
Option 1: 12" DIP 164 16.20 $ 2,656.80
Option 2: 12" SRD 25 150 16.20 2,430.00
Option 3: 12" SDR 35 120 16.20 1,944.00
Labor Sub-Total(s) Option 1: $ 8,359.20
Option 2: 8,132.40
Option 3: 7,646.40
Rentals
Description Quality Unit Cost Total
-
Vibratory Roller 3 day 400.00 $ 1,200.00
End Loader 3 day 200.00 600 .00
Back Hoe 1 Week 500.00 500 . 00
$ 2,300.00
Total Cost(s) - Option 1.......................... $17,534.40
Opt ion 2.......................... 15,694.00
Opt ion 3.......................... 14,441. 60
Net Cost - Option 1........... $5,042.20
Opt ion 2........... 3,201.80
Option 3........... It949.40
Bond & Insurance Cost % Total
Option 1 $5,042.20 1-1/4% 63.03
Option 2 3,201.80 1-1/4% 40.02
Option 3 1t949.40 1-1/4% 24.37
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~ ELKINS CONSTRUCTORS, INC.
Page Four
Mr. Richard Voorhees
January 31, 1991
Fee Cost Percentage Total
Option 1 $5,105.23 15% $ 765.78
Option 2 3,241.82 15% 486.27
Option 3 1,973.77 15% 296.07
Total Cost - Change Order Request No. 1
Option 1......... $5,871.01
Option 2......... 3,728.09
Option 3......... 2,269.84
The last item address in your RCP No. 1A requests Elkins to
proceed with utilizing ITT - AC Pumps on the entire project
-- (Booster Pump Station and South Pump Station). As per the bid
documents, a deduct of $28,000 can be applied to this change
order request for that deduct making the net contract change
order as follows:
Option 1: <$22,128.99>
Option 2: <$24,271.91>
Option 3: <$25,730.16>
Please review and issue a change order fo the optional scope of
work the City of Delray Beach wishes to pursue as soon as
possible, so that we can proceed with these changes. Please note
that this proposal is valid for 30 days from this date.
Should you have any questions or comments, please do not hesitate
to contact this office.
Sincerely,
ELKINS CONSTRUCTORS, INC.
David Hamil ton
Assistant Project Manager
DH/keh
cc: M.L. McMurray/file
J. Williams
Enclosure
I
ELKINS CONSTRUCTORS, INC.
RCIAL f IITI.JT'r . M'DICAl.
FeÞruat1 26, 1991
P05t, Buckley, Schuh' Jerni¡an, Inc.
1560 Oraa¡e Avenue, Suite 700
W1nt.er rark, rL 3278'
Attentionl Hr. Richard Voorhee., P.I.
SubJecta Miller Park Water Storage Tank
and Booster Station
Request for Proposal Bo. l/U
Ilkin. Chanae Order leque.t No. 1
Dear ~. Voorhee.,
,
In the above referenced cban¡e order reque.t, we stated that an1
excavatioD for the retention pond trenches beyond the five toot
depth indicated on the revised dtaw1n¡ will be done at an
additional COlt of $2,000 per foot. At )'our reque.t, we have
reviewed that COlt and have found an error in our calculations.
Therefore, we ofter the revised co.t of $1,435.20 pe~ foot.
Please note that tb1' price 1, an averas. co.t per foot
excavation from a five foot depth to a nine foot depth.
Plea.. ~8ke th1. correction 1n our original chanae order request
and forward to the Cit)' of Delra, Beach for cbanae order
approval. Should you bave any questions or comments. plea"
contact lie.
Sincerely,
David Rallllton
" A$81stant Pr~ject H$na¡er
DH/keh
eCI M.L. McMurray/file
J. WH1bma
, ~
Enclosure
D 1"1 tI.... "o~ ''',../I<:II,wìllA :Inr;rl:t .'''(J3 Telðohone 904 384.6455
I
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-' !XI Owuer: City of" Del ray Beach No. Cople. 3 RSQUBST POR
.IX) Bngineer: PBS&J Inc. No. Cople. Z PROPOSAL POR
o Architect: N/A No. Copiea - PROPOSBD CHANGB
IX) Contractor: Elkins Constructors, Inc. No. Copiea 4 (RFP)
iii Field: Jim Morris (PBS&J) No. Cople. 1 NO.
o Otber: No. Cople. I 2 J
PROJECT DATA CONTRACT DATA
Name: Miller Park Project Owner's P.O. Number: 19660
Location: Delray Beach, Florida Date: January 21 t 1991
Owner: City of Delray Beach Drawing Number: L-l, L-Z
Otber: Attn: Ernie Kaeufer Specification Section: 02950A
To: (Contractor) Elkins Constructor, Inc.
Please provide the undersigned a proposal for the following change in the work within thirty (30)
calendar days from the above date of this request. The written proposal must clearly delineate the
scope of the proposed change in work by providing an itemized estimate of time and costs broken
down by materials, labor (by trade), subcontracts, overhead costs and profit. Any amount claimed
for subcontracts must be similarly supported in detail. If this proposal is accepted and approved by
the Owner, a change order will be issued for changes in the work of the Contract in accordance with
Articles 10 and 11 of Section 0700, General Conditions of the Contract Documents.
Description of change in wort: make changes in landscape planting as described in the
attached memorandum. Quantities and spacinQ are delineated in the third para9raDh.
Change Order Type: (Deletion) (Addition) (ievisi~ ( ) ( )
Initiated by: City of Del ray Beach
Proposal must be received by: February 20, 1991 (30 days from date above)
Attachments (Hsting of attached documents that support description):
1. Contractor Request for Information No.:
2. Cfty of Delray Beach memorandum dated 1/10/91 (Davilla to Kaeufer)
3.
4.
5.
Poot, Buckle · ScbU~ "I..mlgl' d~ Project Number: 07-134.40
Date: January 21, 1991
Issued by. . I ~
J. Richard Voorhees, P.E.
f'I1v/IV-018 Project Manager
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MINORA_DUM
To: Ernest Ka,ufer, A,.i.tane Director of Environmental Services
Public Utilitie.
From: Nancy Davila, Horticulturist/Special Project. Coordinator q~
ae: HILLER PARK WATER STORAGE TANX LANDSCAPING
Date: January 10, 1991
Upon further review of the landscaping for the vater .toras. taak at Kill.r
Park, it has been noted that the proposed plant materials alon8 the north
property Une, east of the tank, are of a deciduous nature and will not
provide year round .creenin8 to the tank from Dixie Bilbv.y or the balanc.
of ~ller Park's recreational area..
I am reque.tln¡ that the proposed taserstroemia indiea (Crepe Myrtle) which
are (urr6fttl, .bùwII uu t~u {uut. ~i:nt~r., lre replaced with Live Oak Trees set
at 20 foot centers. In addition, to provide lower level .treenlo8 from srade
to where tbe Live Oak tree canop!e. ~111 start, Myrica cerifera (Wax Myrtle)
should be extended froll the tank alonl the north property I1De, ,et on 5
foot centers. .
.
This would necessltate a chaose order to delete 10 Laser,troeml. 1ndlc., aDd
to add 5 Live Oak tree., ,12' height with a 6 foot spread and S feet of clear
trunk, 'and to add 20 Myrica cerifera planted on S foot centers to ~8tch the
specifications of tho,e .lre8dy propo.ed.
c: LuIa Butler, Co~uoity Improve~eut Director
,
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ELKINS CONSTRUCTORS, INC.
COMMERCIAL . UTILITY . MEDICAL
February 18 1991 RECEIVED
Ftlj 2 1 ;99'
Post, Eutklcl. Stf..t1~
WINTER piex' J'[lJJÞft
Post, Buckley, Scbub & Jernigan, Inc.
1560 Orange Avenue, Suite 700
Winter Park, FL 32789
,
Attention: Mr. Richard Voorbees, P.E.
Subject: Miller Park Water Storage Tank
and Booster Station
Request for Proposal No. 2
Elkins Change Order Proposal No. 1
Dear Mr. Voorbees:
In the above referenced request for proposal, you requested that
Elkins change the landscaping foliage scheduled as directed by
City of Delray Beacb Community Development departaent. The
following is the net additional cost resulting from such a
change. Please review and issue a change order for the amount
shown.
Subcontract
Description Quality Unit Cost Total
Delete and Add
foliage per RFQ Lot 1090.08 1090.08
Fee - 5%....... 54.50
------
Sub-Total...... $1144.58
Cost Percentage Total
Bond & Insurance 1144.58 1-1/4% $ 14.31
Total Cost This Change Order Request......... $1158.89
p, 0, Box 2396 Jacksonville. Florida 32203 Telephone 904384-6455
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ELKINS CONSTRUCTORS. INC.
Page Two
Mr. Richard Voorhees, P.E.
February 18, 1991
,
Should you have any questions or comments, please do not hesitate
to contact this office.
Sincerely,
ELKINS CONSTRUCTORS, INC.
David Hamilton
Assistant Project Manager
DH/ahd
cc: M.L. McMurray/file
J. Williams
.- .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 'L. - MEETING OF MARCH 13, 1991
CHANGE ORDER NO. 1/POST, BUCKLEY, SCHUH AND JERNIGAN
DATE: March 7, 1991
This Change Order No. 1 increases the contract amount by $10,100
and extends the completion time by 20 days. This Change Order was
necessary to complete exploration of subsurface conditions along the
Intracoastal Waterway prior to completion of the design for
installation of a 16 inch subaqueous water main.
Funding is available in the Transmission and Storage Fees (Account No.
441-5181-536-69.03). Account balance $70,477.
Recommend approval of Change Order No. 1 in the amount of $10,100 and
extension of the contract completion date by 20 days to the contract
with Post, Buckley, Schuh and Jernigan for the exploration of
subsurface conditions along the Intracoastal Waterway.
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CHANG E ORDER
No. 1
Dated January 24 , 199.!--
I
Project No. 90-59 -
Pro]còt Name: SUb3queO~ Intraco3$tal .
Water Main Cross~neL .
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Owner: City of Delray Beach, FlorIda
Contractor: Post. Buckley, Schuh & Jerni~an. Inc.
COntract Date: .. March 27 ~_199Q.
"
To: .,Poat. Bucklev. Schuh & Jerni~an , Contractor
You are directed to make the followIng changes in the subject contract:
.
wR~vise rour en~ineering serv1~es to include subsurface exploration with
.
en~1neering borin~s. .
.... .L T
. , 1:>.Lt..1
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which changes are more speåiflcally described In the attached ame,nded plans, drawings, ånd
specificatIons.
The reason tor. the change is as tollows: To explore the subsurface conditions of
.
the Intracoast,sl Watef~!'Y' before f1na11z~ng tqe design of the 16" wate,r ~a1n. ---., ..
.b... .. I. . ..
. ,. .
The contract price and contract'time shall be adjusted because or such changes as foUOWSt
A~ Contract Price
1. Contract price prior to this change Order:' $60,377 .
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"- ,\ ' II}- )\J~ \f\ ' Page One of Two Pages
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2. ' Nc't Increase resulting from this cha.nge ,order: "
$10,100 .'
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3. Current contract prIce Including thIs challga order: ,$70.477
, Ð. ,Contrnct T.lme .
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1. Contract trme prIor to thts chD.l1ge order: 130
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'. 2. Net rncre~e resulting from. this c'hange ,order: L . 20
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, , ~.., Current contract time includIng this change order: 150 ,
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'. ,. , City of Delray Beach, Florida, OWNER
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. By: ,
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Attest: .
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Ci ty Clerk .
. City of DelrD.Y Beach .
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Apl>roved DS to form; .
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The nbove chwige5 are accepted on February 4 J If,...2.L. I understand that e.1l the
provisions of the Contract- Document related to Project No. ~ 9Q-59 . " which are not
inconsistent with, the terms of ',this Change Order shall remain'1n effect and apply to all work
. undertaken þursuan~ to this Change Order.
. . .
Witness. . d .
'~f!-' .W-' ' .
erni gån. Inc. CONTRACTOR
~./ 6Jt---¿¿~ .
. -.--- ~~.~~.~ By: Vite--President
. As to Contl:'Q.ctor Title
Robert A. ~orrell. Vice President
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Pa~e'Two of Two Þagßs
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!~
SUBJECT: AGENDA ITEH # ~JQO - MEETING OF MARCH 13 , 1991
GULFSTREAM BOULEVARD MEDIAN LANDSCAPING
DATE: March 6, 1991
At your August 28th regular meeting, the Commission directed staff to
pursue a joint agreement with Boynton Beach for the beautification of
the Gulfstream Boulevard medians. Subsequently our
Horticulturist/Special Projects Coordinator was assigned to coordinate
with Boynton in determining the scope of this project and development
of an agreement.
This project consists of irrigating and landscaping six medians on
Gulfstream Boulevard located between Seacrest Boulevard and Dixie
Highway. The median closest to Seacrest Boulevard is 13 feet in
width, the other five medians are 18 feet in width. The combined
lineal footage of the medians is 1,378 feet. Two landscaping schemes
were developed:
1. Scheme One consists of providing Live Oaks on 40 foot
centers, Dwarf Bougainvillea and Dune Sunflower alternating at
the ends of the medians for color. Bahia sod would be placed in
the balance of the medians. The cost estimate for this scheme is
$13,500.
2 . Scheme Two consists of providing massive shrub and ground
cover plantings around the Live Oaks in the center portion of the
median. Medians would alternate with groupings of Hamelia Patens
surrounded by Spider Lilies, and/or Necklace Pods surrounded by
Dwarf Bougainvillea. The cost estimate for this scheme is
$22,000.
The initial design concept provided for the use of Boynton Beach city
water for irrigation of the medians. Subsequently, Boynton has
requested that a well be included in this project. The cost estimate
to provide a well to irrigate this project is $5,500. The irrigation
system installation cost estimate is $14,000.
Additionally, the cost for landscape maintenance is estimated at
$8,000 per year.
Boynton Beach has reviewed this proposed project and supports Scheme
One. In addition to equally sharing the costs for the project, they
are prepared to enter into an agreement whereby they will be
responsible for:
-Removal of existing Ficus trees in medians
-Repairs to existing curbing
-Preparation of landscape maintenance specifications
-Coordination of landscape maintenance bid
-Administration of landscape maintenance contract
-Maintenance of the landscape irrigation system
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AGENDA REPORT
Meeting of 3/13/91
-All costs associated with the maintenance of the well system
Under the proposed agreement we would be responsible for:
-Preparation of landscape design and specifications
-Coordination and cost of obtaining irrigation plans and
specifications
-Coordination of landscape and irrigation bids
-Administration and field inspections for installation of
landscaping and irrigation
As proposed the total cost of this project, using Scheme One, is
estimated at $41,000. Our share, approximately $16,500, is available
in the 1987 Utility Tax/Parks and Recreation Median Improvements
(Account No. 333-4141-572-61.15). Account balance is $20,958.83. Our
share of the costs for annual maintenance of $4,000 is available from
Beautification Trust - Contract Maintenance (Account No.
119-4144-572-33.49). Account balance $187,261.
Recommend approval of Scheme One for the landscaping of the Gulfstream
Boulevard Medians and authorize staff to enter into an interlocal
agreement with Boynton Beach for the joint sharing of this project.
PROJECT RECAP
Capital Cost:
Install Landscaping (Scheme 1 ) $13,500
Install Irrigation 14,000
Install Well 5,500
$33,000
Delray Beach Share: 50% or $16,500
Annual Maintenance Cost $ 8,000
Delray Beach Share: 50% or $ 4,000
- 2 -
'"
%.~ City of 3 {13 d'
Ðoynton Ðeacn
100 'E. 'Boynton '13eadi 'Boulevard
P.O. 'Bo~310.
'Boynton 'Beadi, :fCorida 33425-0310
City :Ha£C; (407) 734-8111 "::' .,
:f5U: (407) 738·7459 F~Ç.¡
to 28 199;
February 26, 1991 ..;, ¡-:
Mr. David Harden, City Manager
City of De1ray Beach
100 N.W. 1st Avenue
De1ray Beach, Florida 33444
Dear David:
The Gulfstream Boulevard Median landscaping project has been reviewed by
Boynton Beach staff in regard to your letter dated January 15,1991.
We agree to th~ recommendations as you outlined in your letter, which include
Boynton Beach being responsible for; preparing the landscape maintenance speci-
fications, coordinating the landscape maintenance bid, administering the
landscape maintenance contract, and maintaining the landscape irrigation
system.
Since the initial proposal prepared by Kevin Hallahan, our
Forester/Environmentalist, and Nancy Davila, your Horticulturist, one
change in the installation design is hereby proposed. Based on our desire
to develop a strong water conversation policy, a well system rather than
City water is proposed to be used to irrigate the median. This additional
cost of $5,500 would thus be added onto the installation cost, originally
proposed at $27,500 per Nancy Davila's memorandum dated October 5, 1990,
reference said project.
Attached hereto please find a copy of Recreation and Park memorandum
#91-052 further outlining City staff's comments reference this landscaping
project. If Delray Beach is agreeable to this proposal then, I suggest
that we both move forward and attain appropriate approvals from our respec-
tive City Commissions to move ahead in constructing the Gu1fstream
Boulevard Median landscaping project. I look forward to your reply.
Sincerely,
CITY OF BOYNTON BEACH
~
--'t ~
J. Scott Miller
City Manager
JSM:jb
Attach.
cc: Honorable Mayor & City Commission
Central File 5hnericas qateway to tne Çjulfstream
"
, .
RECREATION AND PARK MEMORANDUM 1191-052
TO: J. Scott Miller, City Manager
FROM: Charles C. Frederick, Director of Recreation & Parks ~~
SUBJECT: Gulfstream Boulevard Median Landscaping
DATE: February 20, 1991
The project has been reviewed by staff in regard to the letter from David
Harden, Delray Beach City Manager. We agree to the recommendations as
outlined, which include:
l. Boynton Beach will:
- Prepare landscape maintenance specifications
- Coordinate the landscape maintenance bid
- Administer the landscape maintenance contract
- Maintain the landscape irrigation system
Since the initial proposal prepared by Kevin Hallahan, our Forester/
Environmentalist, and Nancy Davila, Delray's Horticulturist, one change in
the installation design is proposed. Based on our desire to develop a strong
water conversation policy, a well system rather than City water will be used
to irrigate the median. This additional cost is added into the installation
cost which follows.
A final swmnary of estimated costs and responsibilities based on the above
information for Scheme III is as follows:
Installation Costs.................................................. $33,000
Landscaping Installation.............$13,500
Irrigation System Installation.......$14,000
Well Installation (1)................$ 5,500
Delray Beach and Boynton Beach to share installation costs, estimated at
$16,600 each.
Landscape Maintenance Costs.........................................$ 8,000
Delray Beach and Boynton Beach to share this cost equally, estimated at
$4,000 each.
Irrigation Well Maintenance Costs
10070 of costs assumed by Boynton Beach
If funds are available, and Delray Beach is ..agreeable to this proposal, I
recommend we proceed with requests for approval from each City Commission as
the condition of this median has generated many citizen complaints.
CCF:cm
Fr.-a c;') 1 ,"' "'J
L... ø(. ,.., ...:..~.:;
.... -. --.. - -.
'"
CITY MANAGER'S OFFICE ~ A { l¡í b;. ..", -,
.. .~ ¡"; Þ ~¡-;.-~~ I
.,;' .i\..:' A Jl::, ..f.'~ !
CITY OF BOYNTON BEACH t _~11 ~ JAN-24 1991
TO: Charles Frederick DATE 1/22/91 CITY MM~~i'f-'" ,
::I .1. oJ Or-f,C.'
DEPARTMENT Recreation & Parks -
APPROPRIATE ACTION Œ1 FOR YOUR INFORMATION D
EVALUATION/RECOMMENDATION D NOTE AND RETURN D
FOR YOUR FILES D OTHER 0
ACTION DESIRED PRIOR TO
SUBJECT: Gulfstream Boulevard
Attached hereto please find a copy of a letter dated January 15, J991, from
David Harden, City Manager, City of Delray Beach, regarding a proposed
joint beautification and maintenance project of Gulfstream Boulevard. I
believe Kevin Hallahan was the point man from your department on this pro-
j ect . I would ask that you please review Mr. Harden's letter, specifically
paragraph 2, and then let's you and I meet to discuss this beautification
project in more depth, prior to meeting with repr~sentatives from the City
of Delray Beach. Your prompt attention on this matter is appreciated.
Thank you.
,
J.~~~anager
.- I
'.,
JSM:cd
cc: David Harden, City Manager, City of Delray Beach
Attachment
RESPONSE:
~
Date (Action Completed) Signature
'" I
·.-...-/
[ITY DF DELRAY BEA[H
100 N,W. 1st AVENUE OELRA Y BEACH, FLORIDA 33444 40ï 24: - :-:'J
January 15, 1991
Mr. J. Scott Miller
City Manager
P.O. Box 310
Boynton Beach, Florida 33425-0310
Dear Scott:
The Delray Beach City Commission recently requested our staff to work with
your's to draft a joint agreement for the beautification and maintenance of
Gulfstream Boulevard. The attached report was prepared by our
Horticulturist, Nancy Davila, and represents the initial discussion she had
with your Forester/Environmentalist. Kevin Halahan.
I have since met with Delray's Director of Parks and Recreation relative to
the items that were listed as being the responsibility of the City of Delray
Beach. I feel that we can support these recommendations with the exception
that the City of Boynton Beach should be responsible for preparation of the
landscape maintenance specifications. coordination of the landscape
maintenance bid, administering the maintenance contract, and the maintenance
of the irrigation system. This change seems appropriate since the medians
are actually in Boynton Beach..
Mrs. Davila can provide your staff with a copy of the maintenance
specifications we have been using on our projects if this would be helpful.
Gulfstream Boulevard has the potential of being an asset to both our
communities and I am hopeful that we can reach a consensus on areas of
responsibility so that we can seek approval from our respective Commissions
in the very near future. Both I and my staff are available to meet at your
convenience to finalize an agreement.
Sincerely.
ÞiJ-rJ~
DAVID HARDEN
City Manager
....
cc: Lula Butler, Community Improvement Director
...-. ,_' r- _ ~ _ __ ^ . ... ~ ~ ;._ "/I . ____ _ _ _
.
..
,.
MEMORANDUM
To: Lula Butler, Community Improvement Director
From: Nancy Davila, Horticulturist/Special Projects Coordinator
Re: GULFSTREAM BOULEVARD LANDSCAPE IMPROVEMENTS
Date: October 5, 1990
Per the City Commission's direction, I have met with Kevin Hallahan from the
City of Boynton Beach to pursue a joint agreement for the beautification of
the medians on Gulfstream Boulevard. Mr. Hallahan and I have completed the
site analysis and offer the following recommendations for consideration:
ITEMS TO BE THE RESPONSIBILITY OF THE CITY OF BOYNTON BEACH
---- ----
- Extension of water lines into medians and installatiop of water meters.
- Removal of existing Ficus trees in medians.
- Payment of monthly water service charge.
- Tree pruning (ongoing).
- Repairs to existing curbing.
ITEMS TO BE THE REPONSIBILITY OF THE CITY OF DELRAY BEACH
--- ----
- Landscape design and specifications.
- Coordination and cost of obtaining irrigation plans and specifications.
- Coordination of the landscape and irrigation bids.
- Administration and field inspections for installation of landscaping and
irrigation.
- Maintenance of irrigation system after installation, including bi-monthly
inspections of system with landscape maintenance contractor.
- Preparation of landscape maintenance specifications.
- Coordination of landscape maintenance bid.
- Administration of landscape maintenance contract.
..
1
. .
EXPENDITURES TO BE SHARED BY BOTH CITIES
-- --
- Installation of landscaping and irrigation by contractor.
- Landscape maintenance to be done by private contractor.
LANDSCAPE DESIGN CONCEPTS AND ASSOCIATED COSTS
The project consists of irrigating and landscaping 6 medians on Gulfstream
Boulevard located between Seacreast Boulevard and Dixie Highway. The median
closest to Seacreast Boulevard is 13 feet in width and the rest are 18 feet
in width. The combined lineal footage of the medians is 1.378 feet. with the
medians ranging from 80 feet in length to 300 feet in length.
As this represents significant square footage. the elimination of all sod in
the design is not practical from an economic standpoint. Estimates for two
design schemes have been prepared and are presented below.
Scheme # 1 is a very simplistic approach which would provide Live Oaks on 40
foot centers. Dwarf Bougainvillea and Dune Sunflower alternating at the
ends of the medians for color. and Bahia sod in the balance of the
medians. The estimate for this scheme is $13.500.00.
Scheme # 2 provides for massive shrub and ground cover plantings around the
Live Oaks in the center portion of the median. Medians would alternate with
groupings of Hamelia Patens surrounded by Spider Lilies and Necklace Pod
surrounded by Dwarf Bougainvillea. Although Bahia sod would be utilized
within the medians, this planting would still qualify as a Xeriscape
planting as drought tolerant plant materials will be used, and
specifications will include soil amendments, polymer acrylic hydrating gels,
mulch and an irrigation system designed to water the turf separately from
the trees, shrubs and ground covers. The cost estimate for this scheme is
-- -- -
$22,000.00.
IRRIGATION DESIGN CONCEPTS AND ASSOCIATED COSTS
As the City of Boynton Beach is providing 'city water' to the medians, wells
and pumps will not be required. A source of electrical power would be needed
to operate the controllers. This power source can either be from FP & L or
from the use of solar powered collector/controllers. The additional cost for
the solar controllers would probably be no more than the cost that would
otherwise be incurred doing pavement cuts to run a conduit from the power
poles to the controllers.
Irrigation is estimated to be $14,000.00
PROJECTED MAINTENANCE COSTS
Based upon costs for similar areas maintained i~ the City of Delray Beach
for contracted maintenance. I am projecting that annual maintenance costs
which would include mowing, edging, shrub pruning, fertilization and pest
control would be approximatley $8,000.00 to $10,000.00
2
..
" ',"
TOTAL EXPENDITURES TO BOTH CITIES
--
SCHEME #1 - LANDSCAPING $13,500 DIVIDED $ 6,750.00
IRRIGATION $14,POO DIVIDED 7,000.00
---------
INITIAL INSTALLATION COSTS $13,750.00
ANNUAL MAINTENANCE $8,000 DIVIDED 4,000.00
---------------------------------------------------------------------
---------------------------------------------------------------------
SCHEME #2 - LANDSCAPING $22,000 DIVIDED $11 , 000 . 00
IRRIGATION $14,000 DIVIDED 7,000.00
----------
INITIAL INSTALLATION COSTS $18,000.00
ANNUAL MAINTENANCE $10,000 DIVIDED 5,000.00
Please keep in mind that these estimates have been provided without the
benefit of any actual landscape or irrigation design plans and will no doubt
vary when doing a 'take-off' from the future designs.
Upon concept approval by both the cities, and at your direction, I will
prepare the landscape design and coordinate the other activities associated
with this project in conjunction with the efforts of the City of Boynton
Beach.
....
3
.. 0-0 ___ __._.~ _~_.._ _____ _.._ __._ ..___._ ____ ._u___._____ ,
· ,.' ~. . ~, -...... . "41'.
~ ç'! { ~,~ v ~~ f '
,/'..,.. ....,. . ."'..'" .,'-.
MEMORANPUM OCT 2 2 1990
I -, ··'v r' '.,-C·,.,' "','Li~"
TO: DAVID HARDEN, CITY MANAGER \...11. IVH\;\,"btJí -' \,1', '\/'-
JOE WELDON, DIRECTOR, PARKS & RECREATION
FROM, LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~.
RE: GULFSTREAM BOULEVARD LANDSCAPE IMPROVEMENTS/PROPOSED
JOINT AGREEMENT /DELRAY BEACH !. BOYNTON BEACH
DATE: OCTOBER 22, 1990
Pursuant to the City Commission's direction regarding staff
working to create a joint agreement with the City of Boynton
Beach for the beautification and maintenance of Gulfstream Blvd.
Attached please find the staff report as written by Nancy Davila
through her works with Boynton's staff. This report represents
the initial discussion at their level and is submitted to you for
your review and consideration.
I would suggest tha t we meet to di scus's the proposed
recommendations. Boynton's staff has stated they would be
recommending scheme #1 to their Commission and wanted Delray
Beach to consider allowing their payment for water services to
offset their share of the annual maintenance costs. We disagree
with this position. It probably would be appropriate for our
City Attorney to draft the proposed language for the official
agreement for Boynton's City Attorney's consideration. Your
response is required.
Attachment
cc: Jeff Kurtz, City Attorney
Nancy Davila, Horticulturist/Sp. Proj. Coord.
B:Glfst.Agr/LGS
..
_.~_.._ ...._ _+___._ m __
MEMORANDUM
To: Lula Butler, Community Improvement Director
From: Nancy Davila, Horticulturist/Special Projects Coordinator
Re: GULFSTREAM BOULEVARD LANDSCAPE IMPROVEMENTS
Date: October 5, 1990
Per the City Commission's direction, I have met with Kevin Hallahan from the
City of Boynton Beach to pursue a joint agreement for the beautification of
the medians on Gulfstream Boulevard. Mr. Hallahan and I have completed the
site analysis and offer the following recommendations for consideration:
ITEMS TO BE THE RESPONSIBILITY OF THE CITY OF BOYNTON BEACH
--- ----
- Extension of water lines into medians and installation of water meters.
- Removal of existing Ficus trees in medians.
- Payment of monthly water service charge.
- Tree pruning (ongoing).
- Repairs to existing curbing.
ITEMS TO BE THE REPONSIBILITY OF THE CITY OF DELRAY BEACH
--- ----
- Landscape design and specifications.
- Coordination and cost of obtaining irrigation plans and specifications.
- Coordination of the landscape and irrigation bids.
- Administration and field inspections for installation of landscaping and
irrigation.
- Maintenance of irrigation system after installation, including bi-monthly
inspections of system with landscpe maintenance contractor.
- Preparation of landscape maintenance specifications.
- Coordination of landscape maintenance bid.
....
- Administration of landscape maintenance contract.
1
'"
EXPENDITURES TO BE SHARED BY BOTH CITIES
-- --
- Installation of landscaping and irrigation by contractor.
- Landscape maintenance to be done by private contractor.
LANDSCAPE DESIGN CONCEPTS AND ASSOCIATED COSTS
The project consists of irrigating and landscaping 6 medians on Gulfstream
Boulevard located between Seacreast Boulevard and Dixie Highway. The median
closest to Seacreast Boulevard is 13 feet in width and the rest are 18 feet
in width. The combined lineal footage of the medians is 1,37& feet, with the
medians ranging from 80 feet in length to 300 feet in length.
As this represents significant square footage, the elimination of all sod in
the design is not practical from a economic standpoint. Estimates for two
design schemes have been prepared and are presented below.
Scheme # 1 is a very simplistic approach which would provide Live Oaks on 40
foot centers, Dwarf Bougainvillea and Dune Sunflower alternating at the
ends of the medians for color, and Bahia sod in the balance of the
medians. The estimate for this scheme is $13,500.00. .
Scheme # 2 provides for massive shrub and ground cover plantings around the
Live Oaks in the center portion of the median. Medians would alternate with
groupings of Ramelia Patens surrounded by Spider Lilies and Necklace Pod
surrounded by Dwarf Bougainvillea. Although Bahia sod would be utilized
within the medians, this planting would still qualify as a Xeriscape
planting as drought tolerant plant materials will be used, and
specifications will include soil amendments, polymer acrylic hydrating gels,
mulch and an irrigation system designed to water the turf separately from
the trees, shrubs and ground covers. The cost estimate for this scheme is
-- -- -
$22,000.00.
IRRIGATION DESIGN CONCEPTS AND ASSOCIATED COSTS
As the City of Boynton Beach is providing 'city water' to the medians, wells
and pumps will not be required. A source of electrical power would be needed
to operate the controllers. This power source can either be from FP & L or
from the use of solar powered collector/controllers. The additional cost for
the solar controllers would probably be no more than the cost that would
otherwise be incurred doing pavement cuts to run a conduit from the power
poles to the controllers.
Irrigation is estimated !£ be $14,000.00
PROJECTED MAINTENANCE COSTS
-4. Beach
Based upon costs for similar areas maintained in the City of Delray
for contracted maintenance, I am projecting that annual maintenance costs
which would include mowing, edging, shrub pruning, fertilization and pest
control would be approximatley $8,000.00 to $10,000.00
2
"
· -
TOTAL EXPENDITURES TO BOTH CITIES
--
SCHEME #1 - LANDSCAPING $13,500 DIVIDED $ 6,750.00
IRRIGATION $14,000 DIVIDED 7,000.00
---------
INITIAL INSTALLATION COSTS $13,750.00
ANNUAL MAINTENANCE $8,000 DIVIDED 4,000.00
---------------------------------------------------------------------
---------------------------------------------------------------------
SCHEME #2 - LANDSCAPING $22,000 DIVIDED $11 , 000 . 00
IRRIGATION $14,000 DIVIDED 7,000.00
----------
INITIAL INSTALLATION COSTS $18,000.00
ANNUAL MAINTENANCE $10,000 DIVIDED 5,000.00
Please keep in mind that these estimates have been provided without the
benefit of any actual landscape or irrigation design plans and will no doubt
vary when doing a 'take-off' from the future designs.
Upon concept approval by both the cities, and at your direction, I will
prepare the landscape design and coordinate the other activities associated
with this project in conjunction with the efforts of the City of Boynton
Beach.
....
3
"
I
",:.. ,', ,'. .',
;./ ;/iij'"?f'~;i¡~'¡~'!':k
',7 ."j \J~~ W _fl\:N1~ "II"'t."~!/~
, : ':t~(" ;:l;'~}:':~:1.r-::':"·r
, ,',
TO: .¡(~
VIA: Charles Frederick cpe.:¡£- "'~:~;:r'~~1.¥\~$0~,~~~.ß:~~£.:[~~~:.": '"r
," ..' ,"" ,!Ì.' ., ",it~:¡I1l""'~~'h ,"¡;.. ",},""'i~ ,.,'
'~xr;~; '~;?i~~,:~;~~~': ,-,\:,.(~. ~ (::.;:. ":1.' -.... -.' ~ ....<~~.;., .
DEPARTMENT Urban Forester
'r-
.('-'\""'-
APPROPRIATE ACTION 0 FOR YOUR INFO~TION 0
0 ~.~!:t.~)~~~;:" ' ,-' ,'" ,:.0
EVALUATION/RECOMMENDATION NOTH AND RBTU1U(, ,
·l:,-,'·-17:i, -...' ,,,,.
,{,
FOR YOUR FILES 0 OTHER ~ 0
ACTION DESIRED PRIOR TO i'.
SUBJECT: Gulfstream Boulev~rd Medians
Attached hereto please find a copy of a letter dated August 30, 1990, from
David T. Harden, City Manager, City of Delray Beach, reference the above
subject matter. More specifically, Delray Beach is looking towards
pursuing a joint agreement with the City of Boynton Beach for the beautifi-
cation of the Gulfstream Boulevard medians that border both of our com-
munities.
I would ask that you please have Kevin Hallahan meet with Nancy Davila,
Horticulturist/Special Projects Coordinator, of Delray Beach to work
together in developing a beautification, landscape plan for these medians.
Of course this office is interested in the scope of the ~roject and your
recommendations regarding any proposed agreements as to he City's par-
ticipation in construction and eventual maintenance.
Please keep this office informed of your progress. Your prompt attention
on this assignment is greatly appreciated. Thank you.
JSM : j b
cc: Honorable Mayor & City Commission
Carrie Parker, Assistant City Manager
David T. Harden, City Manager, Delray Beach
RESPONSB:
Date (Action Completed) Signature
'"
[ITY DF DELRAY BEA[H
, 00 \, \ V . , ~ '/ ~ '. J: D!:LRAY BEACH FLORIDA 33444 407243· 7000
August 30, 1990
Mr. J. Scott Miller, City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Re: Gulfstream Boulevard Medians
Dear Mr. Miller:
At the regular meeting of the city of Delray Beach Commission on
August 28, 1990, staff was directed to pursue a joint agreement with
your city for the beautification of the Gulfstream Boulevard medians.
I am aware that you have had previous conversations with former
Interim ~ity Manager, Malcolm Bird, regarding this matter and some
additional discussion has occurred between our horticultural staff.
I have asked Nancy Davila, Horticulturist/Special Projects
Coordinator, to contact your Horticulturist to determine the scope of
this project and to make recommendations for our consideration of what
the proposed agreement might look like.
If you would like to schedule a meeting to discuss this project at
this point, please let me know. Otherwise, I will wait for the
recommendation from our staff. We would like to complete this
activity in a timely manner and would appreciate the cooperation from
your staff to this regard.
Please feel f r e e, to C' a 11 me at 243-7010 if you hav~ any questicns
regarding this matter, or if you need to discuss before staff begin
working together on this project.
Sincerely,
JiJ -rIA~,~
havid T. Harden
City Manager
RECEIVED
DH:DQ SEP 199r
6
D7
Boynton.CM CITY MANAGER'S Cor:1
THE Et=FORT AL'.~:AYS MATTERS
'"
, ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY HANAGER~
SUBJECT: AGENDA ITEM # qf\l - MEETING OF MARCH 13, 1991
TRI-PARTY AGREEMENT BETWEEN THE CITY, COMMUNITY REDEVELOP-
MENT AUTHORITY AND FIRST UNION BANK
DATE: March 6, 1991
This agreement provides that the CRA will pay the full interest costs,
up to a maximum of $100,000, on loans processed through First Union
Bank for the improvement of the exterior portions of owner occupied
single family residences and non-residential commercial properties
within the CRA's redevelopment area. First Union Bank has agreed to
make available $1,000,000, for a one year period from the date of this
agreement or until the pool of funds is exhausted, for this program.
Interest on loans will be calculated at the prime rate as established
by Wall Street Prime as of the date of closing. This agreement does
not preclude any other financial institution from participating in the
CRA's program.
Additionally, attached to the agreement is a statement of
understanding which provides that upon approval of a loan the Bank
will disburse the loan proceeds jointly to the borrower and the City.
The City will hold and disburse the loan proceeds to the contractor,
upon request and as approved by the owner, in partial payments equal
to the value of the work performed. The City will also be responsible
for monitoring contractor performance, as well as maintaining time
sheets for actual work performed for each project. In exchange for
these services the CRA has agreed to reimburse the City at a rate of
$13.00 per hour for staff time.
The following terms and conditions will apply to the loans:
1. Owner occupied single family residential home improvements:
A. Unsecured loan limit $1,500 to a maximum of $7,500/ -60
month term/ -No fees.
B. Secured (first/second mortgage or collateral) loan limit
$5,000 up to a maximum of $15/000/ -60 month term/ -Fees equal
to normal closing costs.
2 . Non-residential commercial property improvements:
A. $5,000 up to a maximum of $15,000/ -60 month term/ -Fees
equal to normal closing costs.
Recommend approval of the tri-party agreement and attendant statement
of understanding between the City, Community Redevelopment Agency, and
First Union Bank.
0< I
"
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~
SUBJECT: CRA INTEREST-FREE LOAN PROGRAM
TRI-PARTITE AGREEMENT AND MEMORANDUM OF UNDERSTANDING
- -
DATE: MARCH 7, 1991
ITEM BEFORE THE COMMISSION:
- -
Presentation and approval of the Tri-Partite Agreement between the
CRA, First Union Bank and the City and Memorandum of Understanding
between the CRA and the City, for their joint participation in
providing interest-free loans to owner-occupied units and commercial
businesses located within the CRA boundaries.
BACKGROUND:
The CRA has committed $100,000 to buy-down the interest rate to zero
percent on loans processed through the First Union Bank as part of its
annual program activity. The loans are for the exterior improvements,
as defined within the agreement, to owner-occupied single family units
and commercial businesses located within the CRA boundaries. First
Union Bank has agreed to provide an interest rate at prime for a
period of up to 5 years on each loan. The agreement does not preclude
other banks from participating in this activity.
The Memorandum of Understanding addresses the CRA's commitment to
reimburse Community Development staff salaries at the rate of $13.00
per hour for actual time spent on each project.
The City will be responsible for dispersing the loan proceeds in
accordance with the banks loan agreement, monitoring work provided
under each loan and insuring that the work for which the funds were
borrowed is completed and in place prior to all funds being dispersed.
We will maintain individual time sheets for each project. The same
will be submitted to the CRA on a monthly basis for reimbursement.
Community Development staff salaries are paid out of CDBG funds. HUD
regulations limit their work activity to the established CDBG target
area. Since some of the CRA activity will be outside of that area and
because this work is above their normal workload, the hourly rate will
be refunded to the CDBG income line item.
RECOMMENDATION:
We recommend that the City Commission approve the Tri-Partite
Agreement between the CRA, First Union Bank and the City as presented,
and approve the Memorandum of Understanding between the City and the
CRA as presented.
LB:DQ
d/9 Agree.CRA
J
"
[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 310 S./, ] st STREET. Sl:ITE 4 . Dr l RA Y BEACH, FlORIDA 33483
407/243-7090 . TEl[COPIFR 407/278-4755
MEMORANDUM
Date: February 8, 1991
To: Lula Butler, Director of Community t
From: Jeffrey S. Kurtz, City Attorney
Subject: Agreement Between CRA and First National
Bank and the City of Delray Beac
Attached hereto please find the above-referenced agreement
between the CRA, the bank and the City concerning the sub-
sidization of the interest on loans by the CRA. I have
reviewed the agreement for form and legal sufficiency, and from
the City's perspective, do not have any objections to the
agreement. It is my understanding that it will be your
department that will be responsible for coordinating this
project and will have to disburse the funds in accordance with
the loan agreement between the bank and the borrower. There-
fore, tJ'le City will be entering into seDarate aqreements with
the CRA concerning qualif1cat.ions for the project ana more
.1etails as to the City's responsibility for disoursements. In
addition, there will be some monetary compensation from the CRA
for the City's participation in this project.
Also, our office will have to review the proposed form
agreement between the bank and the borrower for the loan to
make sure that its dispersal provisions are in accord with that
envisioned by the CRA.
Please advise me if you wish further input from our office with
respect to additional agreements and whether you have any
comments on this particular agreement. I would suggest that
this matter not be brought before the City Commission until
such time as all the agreements have been negotiated by staff
and the total package is there for them to consider and
approve.
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JSK: jw ~
cc: Robert Federspiel, Esq.
FEB 2 0 91 ~~
- ('/;; I)-.?~
CD Community ~'I:-{' c;)- ~~1
Redevelopment
-a Agency
Delray Beach
ÇM__M~º - Agend!l Rfi!guest
TO: David Harden, City Manaqer
FROM: Frank R. Spence, Executive Director ~
DATE: March 6, 1991
SUBJECT: Agreement with CRA &: First Union Bank
Please find attached the final tri-partite aqreement between the
CRA, First Union Bank and the City which creates the CRA's Interest
Free Loan Proqram. The CRA and First Union Bank have already
approved this Agreement. We now ask the City Commission to approve
it.
The CRA has committed $100,000 to pay the full interest costs on
loans processed throuqh First Union Bank as part of this program.
The loans are for external improvements to sinqle family, owner-
occupied residences and business properties located within the CRA
District for a period of up to five years. The rate to the CRA is
Prime. Any other banks that can match this rate will be eliqible
to participate in this program.
We ask you to place this item on the aqenda of the City Commission
for their consideration at their next meetinq, March 13, 1991.
cc: Mayor Tom Lynch
Lula Butler
1 S,E, 4th Avenue, Suite 204, Delray Beach, Florida 33483 (407) 276-8640
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AGREEMENT
THIS AGREEMENT IS MADE AND ENTERED into this _ day of March, 1991, by and
between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRA Y BEACH,
hereinafter referred to as tbe "CRA," and FIRST UNION NATIONAL BANK OF FLORIDA,
hereinafter referred to as the "BANK," and the CITY OF DELRA Y BEACH, hereinafter referred to
as the "CITY."
WIT N E SSE T H:
WHEREAS, the CRA, has adopted as a part of its Redevelopment Plan a program for
subsidizing the interest on certain loans to be made by participating banks for the improvement of
the exterior portions of owner occupied single family residences and non-residential commercial
properties within the CRA's redevelopment area (hereinafter referred to as the "Program"); and
WHEREAS, the BANK is desirous and willing to participate in the Program upon the terms
and conditions hereinafter set forth; and
WHEREAS, the CITY is desirous and willing to participate in the Program upon the terms and
conditions hereinafter set forth; and
WHEREAS, as a part of the Program, upon loans being made to borrowers, the CITY has
agreed to act as disbursing agent for the loan proceeds to the Borrower pursuant to the terms of the
loan agreements between the BANK and the borrower.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained
the parties hereby agree as follows:
1. The CRA has committed a maximum of one hundred thousand dollars ($100,000,00)
for the funding of the Program and said funds will be available to the various participating banks on
first come first serve basis. The funds will be committed to an individual bank in accordance with
the Program in the order of receipt by the CRA of a written firm loan commitment to individually
approved borrowers, For purposes of determining the order of receipt, all loan commitments will be
deemed received upon the physical receipt by the CRA at the office of its Executive Director.
Borrowers shall be limited to one loan per qualifying property,
2. The CRA will accept initial loan applications for the Program from prospective
borrowers and will approve or disapprove them, in the order of receipt, solely on the basis of the
proposed work being a qualifying improvement to the exterior or landscaping, as defined in Exhibit
'A," attached hereto, of an owner occupied single family residence or non-residential commercial
property lying within the redevelopment area of the CRA. Upon such approval, the loan application
will be forwarded by the CRA to the participating banks in rotating order and upon receipt of the
loan application approved by the CRA the respective bank shall perform its underwriting evaluation
for approval or disapproval. In the event the BANK is provided with a CRA approved application
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and tbe BANK approves sucb loan and issues a firm commitment therefore, the BANK shall
forthwith deliver to CRA, in care of its Executive Director, such loan commitment.
3. Upon receipt of an approved loan commitment from the BANK, subject to the
availability of funds for the Program, the CRA shall deposit with the BANK in an escrow account
a sum equal to the interest obligation computed at the stated note rate excluding any provision for
default interest or late payments. The BANK shall hold such funds in escrow pending the closing of
the loan with the borrower and upon closing the BANK shall be entitled to draw all of such prepaid
interest out of the escrow account. In the event the subject loan is prepaid in full by the borrower,
the BANK shall pay to the CRA within thirty (30) days after such prepayment an amount equal to
the unearned interest as determined in accordance with a straight amortization schedule computed at
the note interest rate reflecting the interest,due for the unexpired term of the loan, The BANK
expressly acknowledges and agrees that the CRA shall have no liability for the payment or obligation
for any sums of whatever nature other than the initial interest paid into the escrow account as
hereinabove provided, The parties acknowledge that the CRA will not be entitled to any refunds of
interest on loans which are not prepaid in full and are in default and have been charged off by the
BANK.
4, Upon the closing of a loan with the borrower the BANK shall disburse the loan
proceeds jointly to the borrower and the CITY. The borrower shall be required to endorse the loan
proceeds over to the CITY as disbursing agent whereupon the CITY shall hold and disburse such loan
proceeds in accordance with the loan agreement entered into between the BANK and the borrower,
The BANK hereby acknowledges and agrees that the CITY shall have no liability or responsibility
to the BANK except in the case of its gross negligence or willful actions resulting in the disbursement
of the loan proceeds without requiring the alterations, repairs, or improvements to the subject real
property having been properly completed,
5. The CRA and the BANK bereby agree that loan which will qualify for the Program
will be made upon the following terms and conditions:
A, Owner occupied single ramIly resIdentIal home Improvements:
(i) (a) Loan amount on unsecured loans: one thousand five
hundred dollars ($1,500.00) minimum to seven
thousand five hundred dollars ($7,500,00) maximum;
(b) Loan amount on loans secured by first mortgages,
second mortgages or other acceptable collateral: five
thousand dollars ($5,000.00) minimum to fi fteen
thousand dollars ($15,000.00) maximum;
1
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(ii) Purpose: qualifying alterations, repairs and/or improveroents
to principal single family dwelling of the owner where the work substantially protects or improves
the exterior of the property as described in Exhibit "A;"
(iii) Loan to value ratio: the roaximum loan to value ratio after the
improvements and including all mortgages shall not exceed eighty five percent (85%) of the appraised
value or one hundred twenty- five percent (125%) of the tax assessed value;
(iv) Term: maximum term for both secured and unsecured shall be
sixty months (60) of equal principal payments;
(v) Interest rates: both secured and unsecured loans shall be fixed
at the Priroe Rate as established by Wall Street Prime as of the date of closing;
(vi) Fees: '
(a) Unsecured loans - none,
(b) Secured loans - normal closing costs including but not
limited to recording fees, title insurance, owners and
encumbrance search, documentary stamp tax, and
intangible tax, etc., (the subject closing costs may be
financed by the BANK, but the CRA will not be
responsible for the interest on the financing of such
costs).
B. Non-Residential Commerc:lal property Improvements:
(i) Loan amount: five thousand dollars ($5,000.00) minimum to
fifteen thousand dollars ($15,000.00) roaximum;
(ii) Purpose: qualifying improvements of the exterior of non-
residential commercial properties as described in Exhibit' A;"
(iii) Loan to valne ratio: the maximum loan to value ratio after the
improvements and including all mortgages shall not exceed eighty five percent (85%) of the appraised
value or one hundred twenty-five percent (125%) of the tax assessed value;
(iv) Term: sixty months (60) equal principal payments;
(v) Interrst rates: both secured and unsecured loan shall be fi xed
at tbe Prime Rate as establisbed by Wall Street Prime as of tbe date of closing;
(vi) ClosIng eosts: normal closing costs including but not liroited
to recording fees, title insurance, owners and encumbrance search, documentary stamp tax, and
intangible tax, etc., (these fees may be financed as part of tbe loan by tbe BANK but tbe CRA will
not be responsible for tbe interest on the financing of sucb costs);
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(vii) Collateral: The loans to be collateralized as the BANK deems
necessary. Personal guarantees will be required in all instances unless waived by the BANK,
6.- The BANK hereby agrees to commit a maximum pool of funds of one million
dollars ($1,000,000.00) for the loan Program for a period of one year (1) from the date of this
Agreement or until such pool of funds is exhausted through the making of Program loans,
7. It is mutually understood that the agreements and covenants contained herein are
severable and in the event any of them shall be held to be invalid, this Agreement shall be interpreted
as if such invalid agreements or covenants were not contained herein,
8. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
9, If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, expenses, costs of
appeal and necessary disbursements in addition to any other relief to which it may be entitled,
10. The rights and benefits of this Agreement shall not be transferable by any party
without the written consent of the other,
WITNESSES: COMMUNITY REDEVELOPMENT AGENCY
By:
WITNESSES: FIRST UNION NATIONAL BANK OF FLORIDA
By:
CITY OF DELRAY BEACH
By:
Attest:
By:
City Clerk
Approved as to form:
By:
City Attorney
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EXHIBIT "A'
i. The {ollowing external improvements to property are authorized under this program,
A. Re-rooring
B, Painting
C. Awnings
D. Shutters
E, Siding
F, Replacement of rotten wood
G, Doors
H, Windows
I. Driveways/Paving
J. Landscaping (sod, trees, bushes, plants and irrigation systems)
K, Exterior modifications, such as rebuilding a porch
2. All materials and work must be in compliance with applicable City o{ Delray Beach
Building Codes.
3, Loan proceeds may be used to pay for applicable building permits,
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MEMORANDUM OF UNDERSTANDING
THE CITY OF DELRAY BEACH
AND THE COMMUNITY REDEVELOPMENT AGENCY
LOAN SUBSIDY PROGRAM
WHEREAS, The Community Redevelopment Agency, ( CRA) , the City
of Delray Beach (The City) and First Union Bank (The Bank) have
entered into agreement to provide funds and services for the
improvement of exterior portions of owner occupied single
family residences and commercial properties within the CRA's
redevelopment area; and
WHEREAS, upon loans being made by the BANK to borrowers, the
City has agreed to act as disbursing agent for the loan proceeds
to the Borrower pursuant to the terms of the loan agreements;
IN consideration of the mutual covenants and promises herein
contained the parties hereby agree and understand as follows:
The CITY will, upon receipt of loan proceeds, deposit funds
into an escrow account and disburse such loan proceeds in
accordance with the loan agreement entered in between the BANK
and the Borrower.
The City will disburse funds to Contractor, upon request as
approved by owner, in partial payments equal to the value of the
work in place.
The City will monitor Contractor performance in progress and
ensure improvements have been completed.
The Conununity Improvement/Community Development staff will
maintain time sheets for actual work performed for each project
and upon each project close-out submit said time sheets to the
CRA for reimbursement.
Upon receipt of said time sheets from the City, the CRA will
reimburse the City at a rate of $13.00 per hour for staff time
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expended in support of this project.
WITNESSES: COMMUNITY REDEVELOPMENT AGENCY
By:
CITY OF DELRAY BEACH
By:
Attest:
By:
City Clerk
Approved as to form:
By:
City Attorney
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[ITY DF DELRAY BEA[H.;:.
CITY ATTORNEY'S OFFICE 310 S.E, 1st STREET, SUITE 4 . DELRA Y BEACH, FLORIDA 33483
407/243-7090 . TELECOPIER 407/278-4755
MEMORANDUM
Date: March 12, 1991
1'0: city Conunission
From: David N. Tolces, Assistant City Attorne~
Subject: Agreement Between City and the School Board --
Atlantic High School
The City Attorney's Office negotiated changes to the inter local
agreement which make it clear that the City will only be liable
for damages resulting at City sponsored events. I have high-
lighted the changes in Paragraphs 12, 16, and 20 on Pages 2, 3
and 4 of the last addendum to the agreement.
DNT:sh
Attachment
cc: David Harden, City Manager
"- .-. ..-- . ..
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t!1e SCHOOL BOAHD and/or Asso~iate Superintendent for Planning and Operations shall
determine the use and timt:: of use for the FACILITY.
4. The SCHOOL BOARD agrees to provide a qualified Community School Assistant Principal
to have responsibility for the community program at the FACILITY. The CITY shall
provide assistance for school use of CITY facilities, through Its Parks and Recreation
Director.
5. The CITY and/or SCHOOL BOARD may provide additional support In the form of funding,
planning support, facilities improvement or other mutually agreeable efforts such as
custodial care, staff supervision, maintenance, etc. for community program Improvements.
All recommended efforts related to additional support as noted herein, for the use of
school facilities and CITY recreational facIlities, wlll be revIewed by the Superintendent
and City Manager and shall be subject to final approval by the SCHOOL BOARD and CITY
Commission prior to any additionai support beIng provided.
6. Use of the cafeteria for the preparation and serving of food shall be pennltted only If
prepared in commercial conditions approved by the Health Department.
7. Food concessions are permitted in outdoor recreation areas provided such concessIons are
prepared in commercial conditions approved by the Health Department.
8. The sale, use, or possession of alcoholIc beverages or controlled substances on the premIses
of the FACILITY Is strictly prohibited.
9. Any CITY activities requiring special permitting or licensing shall be the sole responsibility
of the CITY.
10. The CITY shall be the sole user of the FACILITY under this Addendum, and does not have
the authority to permit use of the FACILITY by any other party.
11. If and when use of the FACILITY is approved, It is understood that the CITY will be
responsible and provide for the proper supervision of all activities under their control.
12. The CITY assumes responsibility for any negligence on its part that may occur while the
FACILITY or portions thereof are under its supervision and control, and shall at Its own
cost and expense, repair any damage done to the FACILITY or portions thereof, including
replacement of damaged portions or items, as may be caused by the CITY, it agents,
officers, employees, in vi tees or visitors while present at City sponsored activities.
Notwithstanding anything to the contrary contained herein, the total lIability of the CITY
under this agreement for negligent acts or omissions by the CITY, its agents and employees
shall be subject to the limitations and procedures set forth in Section 768.28, "FLORIDA
STATUTES".
13. Costs incurred by the SCHOOL BOARD that are not directly associated with the
educational programs of the SCHOOL BOARD, and that are directly attributed to the
CITY'S use of the FACILITY, shall be the sole responsibility of the CITY and invoIced by
the SCHOOL BOARD. Such costs include, but are not limited to, facility administrative
...-q-
u. .. _ ._ .._ -",.. ..--
-- ~-. staff and janitorial personnel. The CITY may request at the time of application, and
receive, an estimate of these costs based upon specific needs. Utilities including, water,
II: \data \ g/pSO\doc\i.nt.erloc. ath
LSff:dkb Revi5ot:d 3\11\91
2
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sewer, electric, air conditioning and trash pick-up shaIl be the responsibIlity of the
. SCHOOL BOARD.
14. The CITY may bnprove the softball, baseball and multi-purpose fields at the FACILITY.
The CITY shall be responsible for all costs associated with bnprovements. These costs
include, but are not limited to pians, cost estimates, lighting, eiectricai upgrades, new
sod, irrigation upgrades, red ciay, backstops, fencing, etc. Prior to the commencement
of said improvements, the CITY shall submit to the SCHOOL BOARD for their review,
copies of aU plans and specifications to ensure compliance with Chapter 6A-2, Florida
Administrative Code, and for compliance with the SCHOOL BOARD'S Life Cycle Cost
Containment Guidelines. The CITY shaIl supervise all work performed by its employees,
contractors and subcontractors that is associated with the CITY'S improvements of the
softball, baseball and multi-purpose fields.
IS. Upon execution of this Agreement the SCHOOL BOARD shall issue a check in the amount
of $40,000, payable to the City of Delray Beach, to be used solely for new sod, irrigation
upgrades, red clay, backstops and fencing for the development of a multi-purpose field at
the FACILITY. èõsts for this work may not exceed $40,000.00. Any unused funds shall
be returned to the SCHOOL BOARD.
16. Upon completion of the lighting upgrades by the CITY, and inspection and acceptance of
same by the SCHOOL BOARD, the SCHOOL BOARD shalI be responsible for all costs
associated with the maintenance of the lighting upgrades, except where such costs are due
to the negligence of the CITY, its agents, officers, employees, invitees' or visitors present
at City sponsored events.
17. Maintenance of the ballfields and multi-purpose field shall be the responsilJili ty of the
CITY. Upon execution of this Agreement, the SCHOOL BOARD shall issue a check to the
CITY in the aI?ount of $10,000 to cover the cost of fertilizer, herbicides and other
chemical supplies for the general maintenance of the balIfields and multi-purpose field for
the first 12 months of this Agreement. Annual cost for succeeding years to be determined
by mutual agreement between the SCHOOL BOARD and the CITY. All fertilizers and
herbicides must be approved by the SCHOOL BOARD's Landscape Services Supervisor and
Environmental Control Officer for compliance with Federal, State and Local Regulations.
Notwithstanding the obligations contained herein, the costs incurred for maintenance not
considered routine, that is unforeseen and extraordinary, shall be the responsibility of the
SCHOOL BOARD and CITY equally.
18. The irrigation system for the ballfields and multi-purpose field shall be designed by the
CITY to operate separate from the irrigation system for the remaInder of the FACILITY
if economically feasible. The CITY shaIl maintain control of the Irrigation system for the
ballfields and multi-purpose field. The SCHOOL BOARD shaIl be responsible for all costs
associated with maintenance and repair, and all monthly utiIity bills. The SCHOOL BOARD
shall have access to the Irrigation system for emergency purposes.
19. The CITY shall coordinate with the . FACILITY'". p~inci~3Ia:¡d La;"dscape Services
.
Supervisor for scheduling of days and times the CITY may have access to the site for
the maintenance of the ballfields and multi-purpose field. The SCHOOL BOARD shajj
h: \óat.a\ wpSO\doc\i.Dur Jex;. ath
lS¡¡:rlkh Revised 3\11\91
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. not withhold reasonable maintenance schedule requests by the CITY.
. . <;0. The CITY shall coordInate with the school's PrIncIpal and the SCHOOL BOARD's
Landscape Services Supervisor for the storage of equipment, fertlllzer, herbicIdes and
chemicals at the FACILITY. The CITY agrees to indemnify and hold the SCHOOL BOARD
harmless from any and all matters, causes, cIaims in law or In equity arising out of
placement and/or storage of hazardous or toxic substances it stores at the FACILITY.
Cleanup, costs and expenses associated with any negative environmental impact resulting
from the storage of same shall be the sole responsiblIity of the CITY to the extent
permitted by law.
21. The SCHOOL BOARD and the CITY shall be jointly responsible for all costs associated with
the re-sodding of the fields as may be necessary from time to time due to ordinary wear
and tear from normal use. Extent of the re-sodding to be mutually agreed upon by the
CITY and the SCHOOL BOARD. The SCHOOL BOARD shall, at its own cost, re-sod as may
be necessary at the end of a school program or season. The CITY shall, at its own cost,
re-sod as may be necessary at the end of a CITY program or season. Where programs or
seasons overiap the SCHOOL BOARD and the CITY shall mutually agree upon the sharing
of costs for re-sodding.
22. The CITY shall re-cIay the softball and baseball fields when deemed necessary by both
parties. The cost of said re-claying shall be the joint responsibility of the CITY and
SCHOOL BOARD.
23. Ail improvements made by the CITY to the softball, baseball and multi-purpose fields at
the FACILITY shall become the property of the SCHOOL BOARD upon termination of this
addendum by either party. Upon termination the SCHOOL BOARD shall reimburse the
CITY for improvement costs in accordance with the attached schedule.
24. This Addendum shall be reviewed by both parties on an annual basis.
25. In the event that the School Board terminates this Addendum the School Board
agrees to reimburse to the City the original cost of improvements funded by the City
under this Addendum. Said reimbursement shall be made by the School Board on the
following schedule:
TERMINATION AFTER REIMBURSEMENT
First Year 95% of Cost
Second Year 90% of Cost
Third Year 85% of Cost
Fourth Year 80% of Cost
Fifth Year 75% of Cost
Sixth Year 70% of Cost
Seventh Year 65% of Cost
Eighth Year 60% of Cost
Ninth Year 55% of Cost
Tenth Year 50% of Cost
Eleventh Year 45% of Cost
Twelfth Year 40% of Cost
Thirteenth Year 35% of Cost
Fourteenth Year 30% of Cost
Fifteenth Year 25% of Cost
Sixteenth Year 20% of Cost
Seventeenth Year 15% of Cost
Ejghteenth Year 10% of Cost
Nineteenth Year 5% of Cost
Twentieth Year 0% of Cost
l\: \I{ala \ 'W'p[,(J\doc\lnledoc .s'.h
LSH:Ükh Hcviscd 3\11\91
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM :It q 0 - MEETING OF MARCH 13, 1991
AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY SCHOOL
BOARD
DATE: MARCH 8, 1991
This agreement provides that the City will light three (3)
softball/baseball diamonds and multipurpose field with Decade of
Excellence Bond Issue funds ($200,000) and provide turf and field
maintenance. In exchange, the School Board will permit the City
to use the softball/baseball and multipurpose fields for its
programs, and will pay the City $40,000 to renovate the fields
and pay for all lighting, irrigation, fertilizer, herbicides,
chemicals, etc. on an annual basis. Atlantic High School has
been using Miller Field since 1976 with no charge for the field
or lighting; a provision has been included in this agreement for
the continuance of such use.
At the time the agenda was being prepared, there were still
outstanding concerns regarding language within the agreement
which could leave the City liable for injuries and damage caused
in non-City sponsored events. This language is being amended and
the modified agreement will be presented prior to your Tuesday
evening meeting.
iii ,
CITY ATTORNEY'S OFF!CE TEL No. 407 278 4755 Mar 08,91 10: 16 P.02
.
,.- -,
I:n' IF DELAA' BEAgLi!;-~'~~#M'
f," ,.\P:)I~.._, '" '. .' ""','."/<T'Ito"!fllt "If.;I'·~i.h:t.F.'II, '" ·1·,.,1. ,"";",,~' "'"
CITY AnORNEY'S OFFICE 310 S.E. J~l STREET, ST.JITF 4 . 1)1::"'<.... Y öt:AlU. 'LUKWA jj4!ß
407/243-7090 it TELECOPIER407/27R4755
~RANDUM
Date: March 8, 1991
To: City Conunission
From: David N. Tolces, Assistant City Attorne?
subject: Agreement Between City and the school Board --
Atlantic High School
At the time the agenda was being prepared, there were still
outstanãing concerns regarding language within the agreement
which could leave the City l1aÞle for injuries and damage
caused in non"'Ci ty sponsored events. This language is being
amended, and the atp'eement will be presented to the City
Commission at the public hearing on Wednesday, March 13, 1991
with those ohanges.
DNT:sh
cc: David Harden, City Manager
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Joint Use Agreement with Palm Beach County School
Board
DATE: March 8, 1991
Attached please find an Interlocal Agreement between the City of
Delray Beach and Palm Beach County School Board that serves as
an umbrella under which cooperation between the City and School
Board is encouraged in the joint development and use of
facilities. Also attached are addendums to the agreement that
provide for the joint use of Atlantic High School and Miller
Park as follows:
Atlantic Hiqh School
1- The City will light three (3) softball/baseball diamonds
and multipurpose field with Decade of Excellence Bond Issue
funds ($200,000) and provide turf and field maintenance.
2. The School Board agrees that the City may utilize the
softball/baseball and multipurpose field for its programs
at specified times during the year.
3. The School Board will provide $40,000 to the City to
renovate the fields and the School Board will pay for all
lighting costs and costs for irrigation, fertilizer,
herbicides, chemicals, etc. on an annual basis.
4. The School Board agrees to reimburse the City its original
costs for improvement per the reimbursement schedule in #25
should it cancel the agreement.
Miller Park
1- Atlantic High School has been using Miller Park since 1976
with no charge for the fields or lighting. This agreement
just basically puts this in writing.
Per your approval, please put this agreement on the agenda for
March 13, 1991 for Commission approval.
Parks and Recreation
JW: jmh
REF:JW05991.DOC
Attachment
cc: Alison MacGregor Harty, City Clerk
.
INTER LOCAL AGREEMENT
THIS AGREEMENT, entered into this day of , 19_, between the
SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the
Constitution of the State of Florida, (hereinafter referred to as "SCHOOL BOARD"), and the CITY
OF DELRAY BEACH, a Florida munlclpai corporation, (hereinafter referred to as "CITY").
WITNESSETH:
WHEREAS, It Is the Intent of the Local Government Comprehensive Planning and Plan
Development Regulation Act, F.S. 163.3161 (4), to encourage and ensure cooperation between and
among the local governmental entitles to provide for the coordination of development activities
of units of local government; and
WHEREAS, the SCHOOL BOARD Is the controlling body of the Public 'Schools of Palm Beach
County, Florida, and does own and operate schools In the City of Delray Beach; and
WHEREAS, both the SCHOOL BOARD and the CITY recognize the needs, on occasion, for both
parties to utilize the facllltles of the other, thereby minimizing the <1upllcatlon of facilities; and
~
WHEREAS, the CITY, under Its powers, Is desirous that under its requIred procedure that the
integrity of Its Comprehensive Land Use Plan is maintained and that the residents have reasonable
use of certain parts of the school facUlties when not in use for educational or program purposes
established by the BOARD.
NOW, THEREFORE, for and in consideration of the covenants herein contained, the partIes agree
as follows:
1. That this Agreement Is entered Into under the authority of Section 163.01, Florida
Statutes.
2. IndIvidually designated school center facilities and CIty facUlties shall be subject to all
terms and conditions of this Agreement through an Addendum to the Agreement.
3. All school center facilities shall be available for public use when not required by the
SCHOOL BOARD for its publ1c education program; provided however, such use shall be
subject to the rules, regulations and policies of the SCHOOL BOARD and in compliance
with all Federal, State and local laws.
4. The CITY's use of school center facilities shall be requested by proper application
identifying the nature of the use, facUlty space requirements, and School Board personnel
requirements. Application for use shall be made to the school's Principal at least ten (10)
days prior to CITY use with the Principal making a recommendation on the use to the
SCHOOL BOARD and/or Associate Superintendent for Planning and Operations. Final
review and approval of the appl1cation rests soiely with the SCHOOL BOARD and/or
Associate Superintendent for Planning and Operations and the CITY shali be notified of
their decision at least 72 hours prior to the use.
H:\dola\ wpSO\doc\Apeeml\ID1erloc,drII 1 - 2\al\t1 ISH"..
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5. All CITY facilitIes shall be available for School Board use when not requIred by the CITY
for Its programs; provIded however, such use shall be subject to the rules, regulatIons and
policles of the CITY and In compliance with ail Federal, State and local laws.
6. The SCHOOL BOARD recognIzes its liability for certain tortious acts of its agents,
officers, employees and invitees to the extent and limit provided In Chapter 768.28, Florida
Statutes, the State of Florida's partial waiver of sovereign immunity, for the period of
time the SCHOOL BOARD is using City facUlties desIgnated through an addendum to thIs
Agreement, provided however, that this provIsion shall not be construed as a waiver of any
right or defense which the SCHOOL BOARD may possess, and It reserves all such rights
as against any and all claIms that may be brought against It under this Agreement.
7. The CITY recognizes its liability for certaIn tortious acts of its agents, officers, empioyees
-
and invltees to the extent and limIt provided in Chapter 768.28, FlorIda Statutes, the State
of Florida I s partial waiver of sovereign immunity, for the period of time the CITY is using
.
school facilities designated through an addendum to thiS'Ag;eement, provided however, that
this provIsion shall not be construed as a waIver of any right or defense whIch the CITY
may possess, and it reserves all such rights as against any and all claims that may be
brought against it under this Agreement.
8. In the event that litigation shall be necessary for the enforcement of this Agreement on
behalf of either party, then the prevailing party shall be entitled to reasonable attorneys'
fees and costs incurred in said litigation.
9. This Agreement may be modified only by mutuai resolution of the parties' respective
governing bodies.
10. This Agreement may be recorded in the Public Records of Palm Beach County, Florida.
11. ThIs Agreement shall be In full force and effect for a period of three (3) years commencing
on the day and date flrst wrltten above. It Is understood that thls Agreement may be
renewed or extended by the mutual consent of the governing bodies for both parties, for
an additional three (3) years commencing at the expiration of the previous three year term,
subject to the same terms and condItions as provided herein and by addendum or
amendment. Either party IntendIng to exercise the option to renew thIs Agreement, shall
provide the other party wIth wrItten notice of their Intent at least ninety (90) days prior
to the expiration of the term of this Agreement.
12. This Agreement may be terminated in its entirety by either party giving to the other party,
written notice at least one hundred and eighty (180) days prior to the date of termination.
13. All notIces herein required, permitted to be given to or served upon elther party shall be
in writing. Any such notice shall be deemed sufficiently given or served, it served
H :\da...\ wp50\doc\Al'"mt\loterJoc.dtII 2 Revltod 2\26\91 LSH:dIch
'"
·
personally, sent Certified mail by the United States Mall, or by any nationally recognized
overnight carrier to the SCHOOL BOARD or the CITY at the address set forth as follows:
As to School Board: SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA
Office of General Counsel
3970 RCA Boulevard, Suite 7010
Palm Beach Gardens, Florida 33410-4283
With Copies to: Thomas J. Mills
Superintendent
3910 RCA Boulevard, SuIte 1011
Palm Beach Gardens, FlorIda 33410-4213
As to City: CITY OF DELRAY BEACH
Legal Department
100 N. W. 1st Avenue
Delray Beach, Florida 33444
With Copies to: David Harden
CIty Manager
100 N. W. 1st A-renue
Delray Beach, FlorI~ 33444
14. If any term or provision of this Agreement shall, to _any ejttent, be deemed invalid or
unenforceable, the remaInder of this Agreement shall be va~id and shall be enforced to the
fullest extent of the law.
15. This Agreement together with any addendum that may now or in the future be attached
and become a part hereof of thIs Agreement set forth all the covenants, promIses,
agreements, cond1tIons and understandlngs between the parties hereto. There are no
covenants, promises, agreements, conditions and understandlngs, either orai or wrItten,
between the partIes other than those hereIn set forth. Except as herein provided, no
subsequent alteratIon, amendments, changes, or addItions, shall be bindlng the parties,
unless and until reduced to writing and signed by both parties.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereIn on the day and
year first above written.
Signed in the presence of: SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA
By: Lynda M. Johnston, ChaIrman
As to the Board Attest: Thomas J. Mllls, Superintendent
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
H:\data\ wpSO\doc\A_m.\ln....loc,dI1I 3 ReY_ :NS\Øl LSH:dIdI
'"
í HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and
County named above to take acknowledgements, personally appeared Lynda M. Johnston, Chairman
and Thomas J. Mills, Superintendent of the School Board of Palm Beach County, Florida, and they
acknowledged before me that they had executed the foregoing instrument as said officers and that
they also affixed thereto the officiai seal of the School Board.
SWORN to and subscribed before me this day of , 1991.
Notary Public
My Commission Expires:
(Notary Seal)
-
Signed in the presence of: CITY OF DELRAY BEACH
By:
.
-
Attest: t
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and
County named above to take acknowledgements, personally appeared as
, and as of the City of Delray Beach,
Florida, and they acknowledged before me that they had executed the foregoing instrument as said
officers and that they also affixed thereto the official seal of the City.
SWORN TO and subscribed before me this day of , 1991.
Notary Public
My CommissIon Expires:
(Notary Seal)
Approved: Approved:
f~L oad;
School Board Attorney CIty Attorney
H:\da".\ wp5O\cIoc\Apeemt\IDte'loc,cIrb 4 R_ %\28\91 LSH:dkh
.
,
. ADDENDUM TO INTER LOCAL AGREEMENT
THIS ADDENDUM to INTERLOCAL AGREEMENT, made and entered Into on this
day of , 19_, by and between the SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida,
(hereinafter referred to as "SCHOOL BOARD"), and the CITY OF DELRAY BEACH, a Florida
municipal corporation, (hereinafter referred to as "CITY").
WITNESSETH:
WHEREAS, the SCHOOL BOARD and the CITY did enter into an Interlocal Agreement
dated ,19_; and
WHEREAS, both parties desIre to amend said Agreement In order to clarify and provide
for certain public use of property owned by the CITY, and known as MILLER PARK (hereinafter
referred to as "FACILITY") in the CITY OF DELRAY BEACH, Florida.
NOW, THEREFORE, for and In consideration of the promlses and benefits flowing to
each party hereto, the parties do mutually agree as follows: ,
1. The SCHOOL BOARD may utilize the FACILITY, Including, but not limited to, ballflelds
and other recreation areas, bleachers, parking areas, concession areas, and restroom
facilities, for Its public education programs; provided however, such use does not interfere
with CITY use for its community activities. The SCHOOL BOARD shall coordinate Its use
of the FACILITY through the School Centers' Principal and/or Athletic Director with the
CITY's Parks and Recreation Director.
2. The CITY agrees to provide assistance for school use of CITY facilities through its Parks
and Recreation Director.
3. Food concessions are permitted In outdoor recreation areas provided such concessions
are prepared in commercial conditions approved by the Health Department.
4. The sale, use, or possession of alcoholic beverages or controlled substances on the premises
of the FACILITY is strictly prohibited.
5. Any SCHOOL BOARD activities requiring special permitting or lIcensIng shall be the sole
responsibility of the SCHOOL BOARD.
6. The SCHOOL BOARD shall be the sole user of the FACILITY under this Addendum, and
does not have the authority to sublease or permit use of the FACILITY by any other party.
7. If and when an application for use of the FACILITY is approved, it is understood that the
SCHOOL BOARD will be responsible and provide for the proper supervision of all activities
under their control.
8. The SCHOOL BOARD assumes responsibility for any neglIgence on its part that may occur
while the FACILITY or portions thereof are under Its supervision and control, and shall
at its own cost and expense, repair any damage done to the FACILITY or portions thereof,
H:\data\ wpSO\doc\Acreemt\Addlale<,drI> -- 2\26\91 LSH:dkb
,
'"
. including replacement of damaged portions or items, as may be caused by the SCHOOL
BOARD, it agents, officers, employees, in vi tees or visitors.
9. Costs incurred by the CITY that are not directly associated with the community programs
of the CITY, and that are directly attributed to the SCHOOL BOARD'S use of the
FACILITY, shall be the sole responsibility of the SCHOOL BOARD and invoiced by the
CITY. Such costs include, but are not limited to, CITY supervisory personnei requested
by the SCHOOL BOARD. The SCHOOL BOARD may request at the time of appllcation,
and receive, an estimate of these costs based upon specific needs. Utllities including,
water, sewer, electric and trash pick-up shall be the responsibllity of the CITY.
10. This Addendum shall be reviewed by both parties on an annual basis.
IN WITNESS WHEREOF, this Addendum to the Agreement has been executed by the
parties herein on the day and year first above written.
Signed in the presence of: SCHOOL BOARD OF .
PALM BEACH COCJN,\Y, FLORIDA
By: Lynda M. Johnston, Chairman
As to the Board Attest: Thomas J. Mills, Superintendent
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duiy authorized in
the State and County named above to take acknowledgements, personally appeared Lynda M.
Johnston, Chairman and Thomas J. Mllls, Superintendent of the School Board of Palm Beach
County, Florida, and they acknowledged before me that they had executed the foregoing
instrument as said officers and that they also affixed thereto the official seal of the School
Board.
SWORN to and subscribed before me this day of , 1991.
Notary PublIc
My Commission Expires:
(Notary Seal)
Signed in the presence of: CITY OF DELRAY BEACH
By:
Attest:
(SEAL)
H:\dala\ wpSO\doc\A&Neml\AddID1er,drb Reviled ~91 LSH:dkb
.
'"
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly authorized in
the State and" County named above to take acknowledgements, personally appeared
as , and as
of the CITY of DELRAY BEACH, FlorIda, and they acknowledged before me
that they had executed the foregoing instrument as said officers and that they also affixed
thereto the official seal of the CITY.
SWORN TO and subscribed before me this day of , 1991.
- Notary Public
My CommissIon ExpIres:
(Notary Seal~
>
Approved: Approved:
;Ø/dtt
School Board Attorney City Attorney
H:\dal&\ wpSO\doc\ApwmIVuldIa...,drb RoY_ ~l LSH:dIdI
.
'"
ADDENDUM TO INTERLOCAL AGREEMENT
THIS ADDENDUM to INTERLOCAL AGREEMENT, made and entered into on this
day of , 19_, by and between the SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA, a corporate body politic pursuant to the ConstItutIon of the State of Florida,
(hereinafter referred to as "SCHOOL BOARD"), and the CITY OF DELRAY BEACH, a Florida
munIcipal corporation, (hereinafter referred to as "CITY").
WITNESSETH:
WHEREAS, the SCHOOL BOARD and the CITY dId enter into an Interlocal Agreement
dated ,19_; and
WHEREAS, both parties desire to amend said Agreement in order to ciarify and provide
for certain public use of property owned by the CITY, and known as MILLER PARK (hereinafter
referred to as "FACILITY") in the CITY OF DELRAY BEACH, Florida.
NOW, THEREFORE, for and In consideration of th: promises and benefits flowing to
each party hereto, the parties do mutually agree as follows: ,
1- The SCHOOL BOARD may utilize the FACILITY, including, but not limited to, ball fields
and other recreation areas, bleachers, parking areas, concessIon areas, and restroom
facilIties, for its public education programs; provIded however, such use does not interfere
with CITY use for its community activities. The SCHOOL BOARD shall coordinate its use
of the FACILITY through the School Centers' Principal and/or Athletic Director with the
CITY's Parks and Recreation Director.
2. The CITY agrees to provIde assIstance for school use of CITY facllItIes through its Parks
and Recreation Director.
3. Food concessIons are permItted in outdoor recreation areas provIded such concessIons
are prepared In commercial conditions approved by the Health Department.
4. The sale, use, or possessIon of alcoholIc beverages or controlled substances on the premises
of the FACILITY is strictly prohibited.
5. Any SCHOOL BOARD activIties requIring special permItting or lIcensing shall be the sole
responsIbilIty of the SCHOOL BOARD.
6. The SCHOOL BOARD shall be the sole user of the FACILITY under this Addendum, and
does not have the authority to sublease or pennlt use of the FACILITY by any other party.
7. If and when an appllcatIon for use of the FACILITY is approved, It is understood that the
SCHOOL BOARD wIll be responsible and provide for the proper supervisIon of all activIties
under their control.
8. The SCHOOL BOARD assumes responsIbilIty for any negllgence on Its part that may occur
whlle the FACILITY or portions thereat are under its supervision and control, and shall
at Its own cost and expense, repair any damage done to the FACILITY or portions thereof,
H:\data\ wp5O\doe\A¡nem'\AddID...,dr\) Reviled :l\2S\91 LSH:dkb
.
.
'"
including replacement of damaged portions or items, as may be caused by the SCHOOL
.
BOARD, it agents, officers, employees, invitees or visitors.
9. Costs incurred by the CITY that are not directly associated with the community programs
of the CITY, and that are directly attributed to the SCHOOL BOARD'S use of the
FACILITY, shaH be the sole responsibilIty of the SCHOOL BOARD and invoiced by the
CITY. Such costs include, but are not limited to, CITY supervisory personnel requested
by the SCHOOL BOARD. The SCHOOL BOARD may request at the time of application,
and receive, an estimate of these costs based upon specific needs. Utilities including,
water, sewer, electric and trash pick-up shaH be the responsiblllty of the CITY.
10. This Addendum shaH be reviewed by both parties on an annual basis.
IN WITNESS WHEREOF, this Addendum to the Agreement has been executed by the
parties herein on the day and year first above written.
Signed in the presence of: SCHOOL BOARD OF .
PALM BEACH COUN1Y, FLORIDA
By: Lynda M. Johnston, Chairman
As to the Board Attest: Thomas J. Mills, Superintendent
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly authorized in
the State and County named above to take acknowledgements, personally appeared Lynda M.
Johnston, Chairman and Thomas J. Mllls, Superintendent of the School Board of Palm Beach
County, Florida, and they acknowledged before me that they had executed the foregoing
instrument as said officers and that they also affixed thereto the official seal of the School
Board.
SWORN to and subscribed before me this day of , 1991.
Notary Public
My Commission Expires:
(Notary Seal)
Signed in the presence of: CITY OF DELRAY BEACH
By:
Attest:
(SEAL)
H:\daIa\wp50\doo\A¡nemt\Md"'IIo ,dIb IleYIIod 2\2INII LSH:dIda
'" .
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly authorized in
the State and County named above to take acknowledgements, personally appeared
as , and as
of the CITY of DELRAY BEACH, Florida, and they acknowledged before me
that they had executed the foregoing Instrument as said officers and that they also affixed
thereto the officlai seal of the CITY.
SWORN TO and subscribed before me this day of , 1991.
- Notary Publlc
My Commission Expires:
(Notary Seaa
,
Approved: Approved:
¿J~ J-ø/
School Board Attorney City Attorney
H:\dala\ wp50\dae~mt\AddiDler,drtJ Reviled 2\28\91 LSH:dIda
'"
ADDENDUM TO INTERLOCAL AGREEMENT
. .
THIS ADDENDUM to INTERLOCAL AGREEMENT, made and entered into on this
day of , 19_, by and between the SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida,
(hereinafter referred to as "SCHOOL BOARD"), and the CITY OF DELRAY BEACH, a Florida
municipal corporation, (hereinafter referred to as "CITY").
WITNESSETH:
WHEREAS, the SCHOOL BOARD and the CITY did enter into an Interlocal Agreement
dated ,19_; and
WHEREAS, both parties desire to amend said Agreement in order to clarify and provide
for certain public use of property owned by the SCHOOL BOARD, and known as ATIANTIC
COMMUNITY HIGH SCHOOL (hereinafter referred to as "FACILITY") in the CITY OF DELRAY
BEACH, Florida.
NOW, THEREFORE, for and in consideratiòn of th~ promises and benefits flowing to
each party hereto, the parties do mutually agree as follows:
1. The general publIc shall be allowed to utilize outdoor recreational areas at the FACILITY
.
on Saturdays, Sundays, all school holidays, after the close of a regular school day, and
t
during the summer when school is not in session, from sunrise untIl sunset; provided
however, such use does not interfere with SCHOOL BOARD use for its public education
programs and CITY use for Its community activities. Should, at any time, such general
public use of the outdoor recreational areas violate SCHOOL BOARD rules, regulations or
policies, or Federal, State and local laws, the SCHOOL BOARD may, at its sole discretion,
discontinue such general public use by giving 24 hours written notice to the CITY.
2. The CITY may utlllze the FACILITY, including, but not limited to, recreation areas, media
center, cafeteria, concession stands, ciassrooms, and restroom faclllties, on Saturdays,
Sundays, all school holidays, after the close of Ii regular school day, and during the
summer when school is not in session, untll ten o'clock p.m.
3. The CITY may utll1ze the ballfleids, multi-purpose field and football fieid for CITY
sponsored activities, as follows:
Softball:
Monday through Friday 6:00 p.m. to 10:00 p.m.
March 1 through May 31
July 1 through September 30
November 1 through January 31
Soccer ¡Football:
Saturday and Sunday 7:00 a.m. to 10:00 p.m.
August 1 through November 30
December 1 through March 31
The CITY shall coordinate this schedule with the school's PrincIpal and Athletic DIrector
so as not to interfere wIth SCHOOL BOARD use of the ballfields, mUlti-purpose field and
and football field for its public education programs. Scheduiing times contained in this
Addendum shall control to the extent of an express conflict. In the event of a dispute
H:\data\ wpSO\doc\lDle<loc,alb LSH:dIdo _1Iod 2\JS\91
1
.
'"
the SCHOOL BOARD and/or Associate Superintendent for Piannlng and Operations shall
determIne the use and tIme of use for the FACILITY.
4. The SCHOOL BOARD agrees to provide a qualified Community School Assistant PrIncipal
to have responslblllty for the community program at the FACILITY. The CITY shall
provide assIstance for school use of CITY facillties, through Its Parks and Recreation
DIrector;
5. The CITY and/or SCHOOL BOARD may provIde additional support in the form of funding,
plannIng support, facilities Improvement or other mutually agreeable efforts such as
custodIal care, staff supervIsIon, maintenance, etc. for community program Improvements.
All recommended efforts related to adclitional support as noted herein, for the use of
school facilitIes and CITY recreational facUlties, will be reviewed by the Superintendent
and City Manager and shall be subject to fInal approval by the SCHOOL BOARD and CITY
Commission prior to any additional support being provIded.
6. Use of the cafeterIa for the preparation and serving -of food shall be permitted only If
prepared in commercial condItions approved by the Health Department.
7. Food concessIons are permitted in outdoor recreation aIeas pfovided such concessIons are
,
prepared in commercial conditIons approved by the Health Department.
8. The sale, use, or possessIon of alcoholic beverages or controlled substances on the premIses
of the FACILITY is strictly prohibited.
9. Any CITY activities requIring special permitting or licensing shall be the sole responsibUlty
of the CITY.
10. The CITY shall be the sole user of the FACILITY under thIs Addendum, and does not have
the authority to permit use of the FACILITY by any other party.
11. If and when use of the FACILITY is approved, It Is understood that the CITY will be
responsIble and provIde for the proper supervision of all activities under theIr control.
12. The CITY assumes responsIbIlity for any negligence on Its part that may occur whIle the
FACILITY or portions thereof are under its supervision and control, and shall at Its own
cost and expense, repair any damage done to the FACILITY or portions thereof, including
replacement of damaged portions or Items, as may be caused by the CITY, It agents,
officers, employees, invltees or vIsitors. Notwithstanding anything to the contrary
contaIned herein, the total liabillty of the CITY under this agreement for neglIgent acts
or omissIons by the CITY, Its agents and employees shall be subject to the limitations and
procedures set 'forth in Section 768.28, "FLORIDA STATUTES".
13. Costs incurred by the SCHOOL BOARD that are not clirectly assocIated wIth the
educational programs of the SCHOOL BOARD. and that are directly attributed to the
CITY'S use of the FACILITY. shall be the sole responslbiHty of the CITY and invoiced by
the SCHOOL BOARD. Such costs Include. but are not limited to, facility administrative
staff and JanItorIal personnel. The CITY may request at the time of applIcation, and
receIve, an estimate of thse costs based upon specIfIc needs. UtlUties including, water,
H:\dala\ wp5O\do<:\tntedOC:.aIh LSH:dkII IIevIIod 2\28\91
2
I
'"
sewer, electrIc, air conditIonIng and trash, pick-up shall be the responslbIUty of the
. SCHOOL BOARD.
14. The CITY may Improve the softball, baseball and multi-purpose fIelds at the FACILlTY.
The CITY shall be responsIble for all costs associated wIth Improvements. These costs
include, but are not llmlted to plans, cost estimates, lighting, electrIcal upgrades, new
sod, Irrigation upgrades, red clay, backstops, fencing, etc. Prior to the commencement
of said Improvements, the CITY shall submIt to the SCHOOL BOARD for their review,
copIes of all plans and specifications to ensure compllance with Chapter 6A-2, FlorIda
AdmInIstratIve Code, and for compllance with the SCHOOL BOARD'S Life Cycle Cost
Containment Guidellnes. The CITY shall supervise all work performed by its employees,
contractors and subcontractors that Is associated with the CITY'S improvements of the
softball, baseball and multi-purpose fields.
15. Upon execution of this Agreement the SCHOOL BOARD shall issue a check In the amount
of $40,000, payable to the City of Delray Beach, to be used solely for new sod, IrrIgation
upgrades, red clay, backstops and fencing for the deveîopment of a muiti-purpose field at
the FACILITY. Costs for this work may not exceed $40,000.00. Any unused funds shall
be returned to the SCHOOL BOARD. .
-
16. Upon completion of the lighting upgrades by the CITY, and inspection and acceptance of
same by the SCHOOL BOARD, the SCHOOL BOARD shall be responsible for aU costs
assocIated wIth the maIntenance of the llghtIng upgrades, except where such costs are due
to the negllgence of the CITY, Its agents, officers, empioyees, invltees' or vIsitors.
17. Maintenance of the ballfields and multi-purpose fIeld shall be the responsiblllty of the
CITY. Upon execution of this Agreement, the SCHOOL BOARD shaUissue a check to the
CITY in the amount of $10,000 to coyer the cost of fertIUzer, herbicides and other
chemical suppl1es for the general maintenance of the ball fields and mUlti-purpose field for
the first 12 months of thIs Agreement. Annual cost for succeeding years to be determined
by mutual agreement between the SCHOOL BOARD· and the CITY. All fertIUzers and
herbIcIdes must be approved by the SCHOOL BOARD's Landscape Services Supervisor and
Environmental Control Officer for compliance wIth Federal, State and Local RegulatIons.
Notwithstanding the obllgations contained herein, the costs incurred for maintenance not
considered routine, that is unforeseen and extraordlnary, shall be the responsibility of the
SCHOOL BOARD and CITY equally.
18. The irrigatIon system for the ball fields and mUlti-purpose field shall be designed by the
CITY to operate separate from the irrigation system for the remainder ot the FACILITY
if economically'teasible. The CITY shall maintain control ot the IrrIgation system for the
ballfields and multI-purpose fIeld. The SCHOOL BOARD shall be responsIble tor all costs
associated with maintenance and repaIr, and all monthly utU1ty bllls. The SCHOOL BOARD
shall have access to the Irrigation system for emergency purposes.
i9. The CITY shall coordinate with the FACILITY's Principal and Landscape Services
Supervisor for schedulIng of days and times the CITY may have access to the site for
the maIntenance of tne ballfields and multi-purpose field. The SCHOOL BOARD shall
H:\da..\ wpSO\doe\Iø"'loe,alh LSH:dIdI Reviled 2\15\91
3
.
not withhold reasonable maintenance scheduie requests by the CITY.
. 20. The CITY shall coordInate with the school's Principal and the SCHOOL BOARD's
Landscape Services Supervisor for the storage of equIpment, fertlllzer, herbIcides and
chemicals at the FACILITY. The CITY agrees to Indemnify and hold the SCHOOL BOARD
harmless from any and all matters, causes, claims in law or In equity arising out of
placement and/or storage of hazardous or toxic substances it stores at the FACILITY.
Cleanup, costs and expenses associated with any negative environmental impact resulting
from the storage of same shall be the sole responsibility of the CITY.
21. The SCHOOL BOARD and the CITY shall be Jointly responsible for all costs associated with
the re-soddlng of the fields as may be necessary from time to tIme due to ordinary wear
and tear from normal use. Extent of the re-sodding to be mutually agreed upon by the
CITY and the SCHOOL BOARD. The SCHOOL BOARD shall, at Its own cost, re-sod as may
be necessary at the end of a schooi program or season. The CITY shall, at its own cost,
re-sod as may be necessary at the end of a CITY program or season. Where programs or
-
seasons overlap the SCHOOL BOARD and the CITY shall mutually agree upon the sharing
of costs for re-sodding.
22. The CITY shall re-ciay the softball and baseball fIelds wheñ deemed necessary by both
,
parties. The cost of saId re-claying shall be the Joint responslbillty of the CITY and
SCHOOL BOARD.
23. All Improvements made by the CITY to the softball, baseball and multI-purpose fields at
the FACILITY shall become the property of the SCHOOL BOARD upon terminatIon of this
addendum by eIther party. Upon termlnation the SCHOOL BOARD shall reimburse the
CITY for Improvement costs In accordance with the attached schedule.
24. This Addendum shall be revIewed by both parties on an annual basis.
25. In the event that the School Board terminates this Addendum the School Board
agrees to reimburse to the CIty the orIgInal cost of Improvements funded by the CIty
under thIs Addendum. SaId reimbursement shall be made by the School Board on the
followIng schedule:
TERMINATION AFTER REIMBURSEMENT
First Year 95% of Cost
Second Year 90% of Cost
ThIrd Year 85% of Cost
Fourth Year 80% of Cost
FIfth Year 75% of Cost
Sixth Year 70% of Cost
Seventh Year 65% of Cost
EIghth Year 60% of Cost
Ninth Year 55% at Cost
Tenth Year 50% of Cost
Eleventh Year 45% of Cost
Twelfth Year 40% of Cost
Thirteenth Year 35% of Cost
Fourteenth Year 30% of Cost
Fifteenth Year 25% of Cost
Sixteenth Year 20% of Cost
Seventeenth Year 15% of Cost
EIghteenth Year 10% of Cost
Nineteenth Year 5% of Cost
Twentieth Year 0% at Cost
H:\ða..\ wp5O\doo\ID..Ioc.alh ISH:dIcb RevIood 7\25\91
4
'"
IN WITNESS WHEREOF, this Addendum to the Agreement has been executed
"by the parties herein on the day and year first above written.
SIgned In the presence of: SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA
By: Lynda M. Johnston, Chairman
As to the Board Attest: Thomas J. Mills, Superintendent
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly authorized In
the State and County named above to take acknowledgements, personally appeared Lynda M.
Johnston, Chairman and Thomas J. Mills, Superintendent of the School Board of Palm Beach
County, Florida, and they acknowledged before me that they had executed the foregoing
instrument as said officers and that they also affixed thereto the official seal of the School
Board.
SWORN to and subscribed before me this day of. , 1991.
-
.
Notary Public
My Commission Expires:
(Notary Seal)
Signed in the presence of: CITY OF DELRAY BEACH
By:
Attest:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly authorized In
the State and County named above to take acknowledgements, personally appeared
as , and as
of the CITY of DELRAY BEACH, Florida, and they acknowledged before me
that they had executed the foregoing Instrument as said officers and that they also affixed
thereto the officIal seal of the CITY.
SWORN TO and subscribed before me this day of , 1991.
Notary Public
My Commission ExpIres:
(Notary Seal)
Approved: Approved:
j-
City Attorney
H:\data\ wp5O\doo\lnterloc,.th LSH:dkh Rev" %\25\91
5
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # qp - MEETING OF MARCH 13 , 1991
OFFER OF JUDGEMENT-EMIDIO PAPA VS. THE CITY
DATE: March 6, 1991
We have received an offer of judgement in the amount of $8,079.98 to
settle pending litigation against the City initiated by Emidio Papa.
Mr. Papa had applied for and participated in the Rental Rehabilitation
Program for rehabilitation of a residence located at 211 South Swinton
Avenue. Mr. Papa has filed suit against the City for breach of an
implied contract alleging that the City inappropriately distributed
a final payment in the amount of $7,487.47 to the contractor, without
his signature and before certain repairs and renovations were
complete.
We were mandated by HUD to close this project out on April 1 , 1989.
We provided adjustments to Mr. Papa for those items which he claims
were incomplete. Those adjustments were deducted from the amount of
the final payment made to the contractor and $2,162.31 was tendered to
Mr. Papa, which was refused.
Staff has indicated that their review of the work performed by the
contractor mandates that Mr. Papa is due no more that the $2,162.31
originally offered. The City Attorney/s office is therefore
recommending denial of the offer of judgment. A detailed memo is
attached as backup material for this item.
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[IT' DF DELIA' HEAEM
CITY ATTORNEY'S OFFICE 310 S,[. ] st STREET, SUITE 4 . DFLRA Y BEACH, 'LORIDA 33483
407/243-7090 . TELECOPIER 407/278-4755
MEMORANDUM
Date: March 6, 1991
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Emidio Papa vs. City of Delray Beach Offer of
Judgment in the Amount of $8,079.98
The City Attorney's office has received an offer of settlement
in the amount of $8,079.98 in the above-mentioned case.
Emido Papa applied for and participated in the Rental
Rehabilitation Program for rehabilitation of a residence
located at 211 South Swinton Avenue. Mr. Papa has filed suit
against the City for breach of an implied contract alleging
that the City inappropriately distributed funds in final
payment to the Contractor (First Construction of the Palm
Beaches) in the amount of $7,487.47. The City has answered the
Complaint and has filed a Third Party Complaint against First
Construction of the Palm Beaches. Mr. Papa claims that the
final payment should not have been rendered without its
signature, and further claims that certain repairs and
renovations were not complete and, thus, the City's release of
the monies to the Contractor was in error.
The City was mandated by HUD to close out the project on April
1, 1989. The City provided adjustments to Mr. Papa for
landscaping ($605); pavement ($900); ceramic floors ($650); and
air conditioning ($200) and ceiling work popcorn ($2,150) and
deducted the monies from the amount due the contractor, and
made final disbursement to the contractor in the amount of
$7,487.47 and tendered $2,162.31 to Mr. Papa, which was
refused.
The statutes and rules governing offers of judgments
essentially provide that if a court declares Mr. Papa is due
$10,099.97 or greater (25% in excess of the amount of the offer
of judgment) then Mr. Papa is entitled to attorney's fees and
costs from the date of filing the offer of judgment.
,
City Commission
March 6, 1991
Page 2
City staff indicates that their review of the work performed by
the contractor mandates that Mr. Papa is due no more than
$2,162.31 and certainly not the $8,079.28 presented in the
offer of judgment (demand/settlement) put forth by Mr. Papa.
Therefore, our office recommends denial of the offer of
jU~
SAR:Cl
cc Lula Butler, Director of Community Improvement
Dorothy Ellington, C.D. Programs Coor.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERM
SUBJECT: AGENDA ITEM # 96l - MEETING OF MARCH 13, 1991
MORIKAMI LOAN AGREEMENT
DATE: MARCH 8, 1991
At your January 29th meeting the Commission approved a no-
interest loan and grant in the amount of $98,750 to Mor ikami,
Inc. to assist in the move of the Sundy Feed Store. The loan was
broken down as follows:
$50,625 to be repaid from State Grant
24,125 to be repaid by Morikami, Inc.
24,000 not to be repaid
The City Attorney's office has prepared a draft agreement for the
repayment of the $24,125. They are recommending that the
Morikami be given a certain date (June 30, 1992) for repayment of
the loan, after which interest in the amount of 8% per annum
would be charged against the remaining balance. Additional
provisions of the agreement provide for the City to access
Morikami, Inc. 's financial records and perform audits as neces-
sary.
Recommend approval of agreement between the City and Mo r ikami ,
Inc. for repayment of a loan.
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 3105.1', 1st STREET, SUITE4 . DEL RAY BEACH, ]'LORIDA 334k3
407/243-7090 . TELECOPIER 407/278-4755
MEMORANDUM
Date: March 7, 1991
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Morikami Loan Agreement
At the Commission meeting on January 29, 1991, the City
Commission approved a no-interest loan to Morikami, Inc. to
assist in the move of the Sundy Feed Store. The Commission
agreed to loan Morikami, Inc. $98,750. The loan was broken
down as follows:
$50,625 repaid from state grant.
$24,125 repaid by Morikami, Inc.
$24,000 grant from City, not to be repaid
$98,750 Total
It was staff's opinion that in order to provide Morikami with
some incentive to repay the $24,750, that the money should be
repaid by a certain date. Thus, the agreement requires
Morikami to repay the money loaned by June 30, 1992. Any
remaining balance not repaid will be subject to an interest
rate of 8% per year. This, we feel, is the recommended course
of action.
DNT:sh
Attachment
cc: David Harden, City Manager
·
LOAN AGREEMENT
Whereas, the City of Delray Beach, Florida recognizes the
importance of the Morikami Museum in the conununity, and in the
value that the museum adds to the quality of life for the
residents of the City of Delray Beach, Florida; and,
Whereas, Morikarni, Inc. has requested a loan grant from
the City of De1ray Beach, Florida, so that Morikarni, Inc. may
begin to facilitate the move and re-erection of the Sundy Feed
Store which at the present time constitutes a nuisance and
health hazard within the City; and,
Whereas, the City Commission of the City of Delray Beach,
Florida, by formal motion of its regular City conunission
meeting of January 29, 1991, appropriated Ninety-Eight Thousand
Seven Hundred Fifty Dollars ($98,750.00) to be made available
to Morikami, Inc. and set the terms therefor.
NOW THEREFORE, the parties agree as follows:
1. The City of Delray Beach, Florida agrees to make
available upon the terms and conditions set forth herein to
Morikarni, Inc. a principal amount not exceeding Ninety-Eight
Thousand Seven Hundred Fifty Dollars ($98,750.00). Morikarni,
Inc. further recognizes that the City of Delray Beach does not
by execution of this agreement waive any of the rights
available to the City pursuant to Florida Statutes.
2. On execution of this agreement, the Ci ty of Delray
Beach shall release Ninety-Eight Thousand Seven Hundred Fifty
1
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Dollars ($98,750.00) to fJIor ikami, Inc. for the purposes of
moving and re-erecting the Sundy Feed Store. Of the funds
released by the City, Twenty-Four Thousand Dollars ($24,000.00)
is a grant to Morikarni, Inc. on behalf of the City and is not
required to be repaid. The remai.ning Seventy-Four Thousand
Seven Hundred Fifty Dollars ($74,750.00) shall be repaid as
follows:
a. Fifty Thousand Six Hundred Twenty-Five Dollars
($50,625.00) shall be repaid upon receipt from the State
of Florida of the quarterly payment made to Morikami, Inc.
b. Twenty-Four Thousand One Hundred Twenty-Five
Dollars ($24,125.00) shall be repaid to the City following
a fundraising effort by Morikarni, Inc.
3. The City of Delray Beach, Florida agrees not to
charge any interest on any portion of this loan through
June 30, 1992.
4. In any event, Morikarni, Inc. agrees to repay Seventy-
Four Thousand Seven Hundred Fifty Dollars ($74,750.00) by
June 30, 1992.
5. In the event that Morikarni, Inc. is unable or
unwilling to pay the remaining principal. balance of the loan by
June 30, 1992, the parties agree that Morikarni, Inc. will pay
interest at the rate of 8% per year on the balance remaining as
of July 1, 1992.
6. Morikarni, Inc. agrees to allow the City of Delray
Beach, its employees or agents complete access to all of its
2
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documents, books, and records of any kind whatsoever.
Morikami, Inc. further agrees to submit to audits when
requested by the City of Delray Beach.
7. That this agreement shall bind the respective parties
to it, and each of their executors, administrators, heirs, and
assigns.
IN WITNESS WHEREOF, the City of Delray Beach has caused
this agreement to be executed by its proper officers hereto
duly authorized this day of March, 1991, and Morikami,
Inc. has hereunto set their hand.
CITY OF DELRAY BEACH, FLORIDA
By:
ATTEST: Mayor
City Clerk
Approved as to Form:
City Attorney
MORIKAMI, INC.
By:
ATTEST: Exec~tive Director
3
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State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an officer
duly authorized in the state and county named above to take
acknowledgments, personally appeared
, known to me to be the person described in
and who executed the foregoing instrument, and acknowledged
before me that he/she executed the same.
SWORN TO AND SUBSCRIBED before me this day of
, 1991.
Notary Public
My Commission Expires:
4
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t
SUBJECT: AGENDA ITEM # - MEETING OF MARCH 13, 1991
ORDINANCE NO.
DATE: March 8, 1991
Final action on this item was deferred at your February 26th meeting,
pending revisions to the Ordinance by the Chief Building Official.
Because those revisions will require an amendment to the caption,
adoption of this ordinance, as is, is recommended. An amending
ordinance will be brought before you at a later date.
- .---.---.-------. ----~_. --------.--------.---.'----- -_.- -,------ -. - -==----~-_._.__.--
- ..- ------~. .- --
- ---,---..---.- --.. ----- ----- ------ -----~-
'JRD1NANCE NO. 12-91
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(H),
"SETBACKS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, ~.. '2N;:--::~~ - :":3-':;'UB3E·:-:- ::~ ,L :) . 4 ( H) ( 4 ) ,
DL
"STRUCTURES ALLOWED IN SETBACKS". PARAGRAPHS (k) ,
(1) , (m) , en) , TO PROVIDE ADDITIONAL STRUCTURES
WHICH ARE ALLOWED IN SETBACK AREAS; BY AMENDING
SUB-SUBSECTION 4.3.4(H)(5), "SETBACKS FOR SCREEN
PORCHES, SCREEN ENCLOSURES, AND ACCESSORY STRUCTURES
IN REAR YARDS", BY DESIGNATING PARAGRAPH (e) AS
PARAGRAPH (f) AND BY ENACTING A NEW PARAGRAPH
4.3.4(H)(5)(e); TO PROVIDE FOR AN EXTENSION OF
SCREENED ENCLOSURES IN ZERO LOT LINE DEVELOPMENTS
INTO THE INTERIOR SIDE SETBACK; BY ENACTING A NEW
SUB-SUBSECTION 4.3.4{H){7), "REDUCTION ALONG
CUL-DE-SACS", TO PROVIDE FOR REDUCTION OF THE FRONT
BUILDING SETBACK WHEN AT LEAST 50% OF THE FRONTAGE
OF A LOT IS LOCATED ON A CUL-DE-SAC; 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. Chapter 4, "Zoning Regulations", Article 4.3,
"District Regulations, General Provisions", Section 4.3.4, "Base
District Development Standards", Subsection 4.3. 4(H) , "Setbacks",
Sub-subsection 4.3.4{H) (4), "Structures Allowed In Setbacks", of the
Land Development Regulations of the City of Delray Beach, Florida, be,
and the same is hereby amended, by enacting new paragraphs (k) , (1) ,
(m) , (n) to read as follows:
(k) Steps and platforms for the principal building but not to
exceed three feet in height.
( 1) Trellises which may extend to no more than five feet from
the side of the principal building or extend more than
two feet from the front or rear of the principal
building.
em) Boat slips, whether attached or detached, which shall not
be built closer than ten feet from any abutting property
line, and which shall not occupy more than 20% of the
total lot area.
(n) Canopies, marquees, and covered walkways may extend
within front and side setback areas in commercial zone
districts.
Section 2. Chapter 4, "Zoning Regulations", Article 4.3,
-"blstiict Regulations, General Provisions", Section 4.3.4, "Base
District Development Standards", Subsection 4.3.4(H), "Setbacks", '
Sub-subsection 4.3.4{H){5), "Setbacks for screen porches, screen
enclosures, and accessory structures in rear yards", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
( 5) Setbacks for screen porches. screen enclosures, and
accessory structures in rear yards: ~hall-8e-a~-rellew~~ Setbacks
for screen porches, screen enclosures and accessory structures in
rear yards shall comply with the following requirement:
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·---...---,.- ------ -- . -.-------- .------ ---- --.
--.------.------
_w._______ ------_.--------- . -- ---
.-------_.-_...---.--- ,....-. ,------- ---.-. ----~-~-
(e) In zero lot line developments only, screened
enclosures may extend into the interior side setback
areas, and shall not be placed less than five ( 5)
feet from the property line. or exceed 35% of the
net living area exclusive of qarages. balconies,
decks, porches. and common areas such as corridors.
(e !J Any conflicts between this subsection (5) , and the
regulations as se~ fo£~h in individual residential
7 ¡." -. , .... ' ~~__~~~~S ~~a:~ Le ;~~=rn~d by the provisions
...-....-..::J
of this subsecti~~.
Section 3. Chapter- . II..,.......... ~ ..... _ R¿gv.lati~nsn, Article 4.3,
.., ...........~!.J..i...·~
"District Regulations, General Provisions", Section 4.3.4, "Base
District Development Standards", Subsection 4.3.4(H), "Setbacks",
Sub-subsection 4.3. 4{H), "Setbacks for screen porches, screen
enclosures, and accessory structures in rear yards", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended by enacting a new paragraph (7 ) to read as
follows:
(7 ) Reduction along cul-de-sacs: When at least 50% of the
frontage of a lot is located on a cul-de-sac. the front building
setback may be reduced by five (5 ) feet.
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 deci-
sion 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 which
are in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become effective ten
DO) 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 , 1991-
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2 ORD. NO. 12-91
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Memo CITY OF OELRAY BEAC~
ilL.1. !I(L,U'f¿'1'~/ DATE: ;J-/~ /q/ ~ ,
TO: 'I
(? '
FROM: (J "-L-
e- L/Xí I
SUBJ: (
~
~
NOTES for 2/26/91 CC Mee ~rig: l·,'}
~
D. Kovacs has sug ted that item 8e
(Country Club res Water Service
Agreement) pulled from consent & , J
have th ornrnission give a blanket
appro 1 for this and future WSAs ~
in ountry Club Acres. I;
Per D. Kovacs, hold Ord. 12-91;
J. Sanzone has requested some changes
to the text. The item also ties to f ;
a present consideration before P&Z ì
~
f
on 2/25. Hold public hearing, but t :
~ ,
defer action to a later date (3/13) . I'
Per Gheryl ... City Manager will i
be pulling that part of item 8H(3)
pertaining to 135 N.W. 6th Avenue i
- MASCO; also, item 8H(4) re Rental
Rehab, 201 N.E. 1st Avenue, Gamzo,
Inc. in the amount of $15,472, with
City share of $7,736. ~
a' ,
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ff~ ,-¡£/It/./
C~I {!j~wd
MEMORANDUM (JYI ;1-/-¥
TO: MAYOR AND CITY COMMISSIONERS Gmf;;~f ~ -3/;3
CITY MANAGER~
FROM:
SUBJECT: AGENDA ITEM #10 &:-)1- MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 12-91 THROUGH ORDINANCE NO. 18-91 & ORDINANCE
NO. 20-91 THROUGH ORDINANCE NO. 21-91
DATE: February 14, 1991
This is a second reading of nine ( 9 ) Ordinances which amend the Land
Development Regulations. While a few of these ordinance make
substantive changes, the majority are administrative in nature. A
brief description of each ordinance is provided below:
-Ordinance No. 12-91 provides for additional structures which
are allowed in setback area s ¡ provides for an extension of
screened enclosures in zero lot line developments into the
interior side setback; and provides for reduction of the front
building setback when at least 50% of the frontage of a lot is
located on a cul-de-sac.
-Ordinance No. 13-91 provides for an exception for the
encroachment of pool enclosures into the setback areas.
-Ordinance No. 14-91 repeals the restriction on Veterinary
clinics in the General Commercial Zone District and Central
Business Districts and enacts new subsections to allow Veterinary
Clinics as a conditional use in those zoning districts.
-Ordinance No. 15-91 provides for the notification that approval
for the Isle of Delray Special Activities District (SAD) has
expired¡ and: provides for inclusion of Tutor Time Plaza as an
approved SAD.
-Ordinance No. 16-91 provides for a limitation of one real
estate sign per lot; provides for the prohibition of wall signs
projecting more than eight ( 8 ) inches from the wall upon which it
is mounted¡ and corrects the date in the heading of subsection
4.6.7.(H)(2) from December 8, 1985 to December 18, 1985.
Ordinance No. 16-91 has been amended according to direction
received at your February 12th meeting. The information
regarding gasoline station signs has been removed.
-Ordinance No. 17-91 provides for the proper screening of
industrial uses from adjacent residential uses.
-Ordinance No. 18-91 provides for the extension of canopies,
marquees, and covered walkways into the public right-of-way with
approval from the City Commission.
-Crdinance 19-91 was deferred.
-Ordinance No. 20-91 provides for fees for processing sign
permit applications.
'00
407 278 4755 Jan 25.?1 ' , . c::- ;;: . -
CIfY ATfoRNEY'S OFFICE TEL No. ¡ , . , . .. '...
or 4
£ITY DF DELRAY BEAtH , ,
. -
:
CITY ATTORNEY'S O'FFICE 310 S.E. lit STREET. SUITE 4 . DELRAY Bf.ACH. FLORIDA 33483
407/243·7090 . TELECOPffiR 407/2784755
MEMORANDUM
Date: Janua~:y 24, 1991
To: Clty Commi8sion
From: David N. Tolces, Assistant City Attorney~
Subject: Land Development Reoulation Amendments
This ordinance amends three different sections of the LDR'.
pertaining to setback requirements. Section 1 of the ordinance
adds four cateqories of structures which are allowed in
setbacks. These four cate<¡orie. were inadvertently not
included in the LDR's when they were adopted.
Section 2 of the ordinance provide. for' acreen enclosures to
extend into the interior side setback &rea in zero lot line
developments. The setback shall not extend closer than five
feet from the property line, or exceed 35' of the net livin9
area exclusive of 9arages, balconies, decks, porch.., and
common areas such .s corridors.
Section 3 ot the ordinance provides for a reduction of the
front building setback by 5 feet when at least 50' of the lots
frontage i8 on a cul-de-sac.
DN'l':ah
Attachment
cc: David Harden, City M&n&<¡er
/0 ¡;
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¡",-, ........ 1.....=:::: =... "'I;' :.. '.::::= :: .-
.... _,¡ ~ .....,.!1R~E...1 ' S :~=:::: ..,.~.. ~o. 4.J - 8 ... - - .. - - - . ... -.. -.. ~
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\..... .../
~RDINANCE NO. 12-91
AN ORDINANCE OF THE CITY' COMMISSION or THE: CI'I'i' OF
DELRA'i BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS" , ARTICLE 4.3, "DISTRICT REGULATIONS,
GENERAL PROVISIONS", SICTION 4.3.4, "BASE DISTRICT
DEVELOPMENT STANDARDS" , SUBSECTION 4. 3 . 4 ( H) ,
"SETBACKS", OF THB LAND DEVELOPMEN'r REGULATIONS OF
THE CODE OF ORDINANCES or THE CITY or D!LRAY BEACH,
FLOR I DA , BY tN ~ ~-:: ¡~:: ,;._~. 3\:1B31':-:: :'~ ~ . 3 . " ( H) ( 4 ) ,
"STRUCTURES ALLOWED IN SITBACKS", P~GR).PHS (Jt).
( l) , (m) , ( n), TO PROVIDE ADDITIONAL STRUCTURES
WHICH ARE ALLOW'2%) IN S"!'l'BAClt 1\REAS; BY 1\MENDING
SUB-SUBSECTION ".3.41 H)( 5) , "SB'l'BACKS FOR SCREEN
PORCHIS, SCR"!EN ENCLOSURES, AND ACCESSORY STRUCTURES
IN REAR Y1IRDS", BY DESIGNATING 'PARAGRAPH (e) AS
PAR.IIGRAPH It) A!œ BY DAC'1'1NG A NBW PAAAGR.\PH
4.3.4(H)(5)(e); TO PROVIDE FOR AN EXTENSION OF
SCREENED ENCLOSURES IN ZERO LO'I' LINE DEVELOPMEN'rS
INTO THE INTERIOR SIDE SITBACK BY ENACTING A NEW
SUB-SUBSECTION 4.3.4(8)(7), "REDUCTION ALONG
CUt-DE-SACS", TO PROVIDE FOR REDUCTION or THE FRONT
BUILDING SBTBACK WHEN A'r LZAS'r 50\ OF THE FRONTAGE
OF A LOT IS LOCATED ON A CUL-DB-SAC; PROVItlING A
SAVING CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, as IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA'i BEACH, FLORIDA, AS FOLLOWS:
S!ilction 1. Chapter 4, "zon1n9 Regulations", Article 4.
"District Re9ulations, General Provi.ion." , Sect10n 4.3.4, "BU,
District Development Stand.rl1.", Sub.ection 4.3.4(H), "Setbacks",
Sub-subsection 4.3.4 (H) ( "), "Structure. Alloweä In Setback.", ot the
Lanä Development Regulation. of the City ot Delray aeach, Florida, be,
anð the sa.me is hereby amenðed, by enactin; new p.ra;raphs (k), ( 1) ,
(m), (n) to r.al1 a. follow.:
but not to
Section 2. Chapter 4, "Zonine¡ Re9\11ations", .\rUele 4.3,
"District Requlations, General provi.iona" , Sect10n 4.3.4, "Ba.e
D1str1ct Development Standard.", Sub..ction 4.3.4(H), "Setbacks",
Sub-subsection .& . 3 . 4 ( H) ( 5) , " S.~cka for screen porches, acreen
enclosures, and a.cc..sory structur.. in rear yarda" , of the LaneS
Development Regulations of the City of Delray Beach, Flor1äa, be, and
the aame 1. hereby amended to 1'.al1 a. follows.
~'f . 1 ..
tr'
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JC~ :-8 4-;: :a~ :;,?~ ~ : : ::-3 .... ....,
" CITY AT~JRNE/S OF~::E TE~ ~Q,
. L
~
-
(e 1) ~ny contlict. betw..n this subsection (5), and the
regulation. a. .e~ tor~h in individual residential
ZC:::'~j ':'':'_~;,;;':~s shaH ~ ;~':;r:'Jed by the provisions
ot this .~.ection.
Section 3., Chapter 4, "~onin-; Ra,;ulations", Article 4.3,
"District Re9u 1a Hon. , aeneral Provision.", Section 4.3.4, "Base
District Development Standard.", Sub.ection 4.3.4(H), "Setbacks",
Sub-s\JJ:).ection 4.3.4(H), "Setbacks for .creen porche., screen
enclosures, and acc.saory structure. in rear yards" , ot the Land
Development Re;ulationa of the Cl ty ot Delray Beach, Florida, 1::Ie, and
the same is hereby amended by enactin9 a new para9uph (7) to read a.
follows:
Section 4. That shoulc1 any section or provision of this
ordinance or any portion thereof, any paraqraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such deci-
.ion shall not affect the valic1ity of the remainder hereot as a whole or
part thereot other than the part declared to be invalid.
sr::tion S. That all orcUnancea or parts of ordina.nces which
are in cent let here~ith are hereby repealed.
Sfction 6. That this ordlnance .hall become eUectlve ten
(10) day. a ter its pas.a;. on secon4 an4 final r..c1in;.
PÞ.SSBD AND ADOPl'ED in re9\1lar ...don on second and final
r.ad1n; on this the _____ 4ay of , 1991.
MAYOR
Þ.'1"rBS'I':
C1ty Clerk
First lte.41n;
Secon4 Readln;
2 OR!). NO. 12-91
-"'4 - ,..&.. .....:
I \. ';¿ .. , '~ '
.
,'"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER !?-c/
SUBJECT: AGENDA ITEM # - MEETING OF FEBRUARY 12, 1991
ORDINANCE NO. 12-91 THROUGH ORDINANCE NO. 21-91
DATE: February 12, 1991
This is a first reading of ten ( 10) Ordinances which amend the Land
Development Regulations. While a few of these ordinance make
substantive changes, the majority are administrative in nature. A
brief description of each ordinance is provided below:
-Ordinance No. 12-91 provides for additional structures which are
allowed in setback areas; provides for an extension of screened
enclosures in zero lot line developments into the interior side
setback; and provides for reduction of the front building setback
when at least 50% of the frontage of a lot is located on a
cul-de-sac.
-Ordinance No. 13-91 provides for an exception for the
encroachment of pool enclosures into the setback areas.
-Ordinance No. 14-91: repeals the restriction on Veterinary
clinics in the General Commercial Zone District and Central
Business Districts and enacts new subsections to allow Veterinary
Clinics as a conditional use in those zoning districts.
-Ordinance No. 15-91 provides for the notification that approval
for the Isle of Delray Special Activities District (SAD) has
expired; and provides for inclusion of Tutor Time Plaza as an
approved SAD.
-Ordinance No. 16-91 provides for a limitation of one real estate
sign per loti provides for information requirements on gasoline
signs such as price per gallon, type of fuel, octane rating, and
directional information such as self-service¡ provides for the
prohibition of wall signs projecting more than eight ( 8 ) inches
from the wall upon which it is mounted; and corrects the date in
the heading of subsection 4.6.7. (H)(2) from December 8 I 1985 to
December 18, 1985.
-Ordinance No. 17-91 provides for the proper screening of
industrial uses from adjacent residential uses.
-Ordinance No. 18-91 provides for the extension of canopies,
marquees, and covered walkways into the public right-of-way with
approval from the City Commission.
-Ordinance No. 19-91 provides that all signs and markings relating
to off-street parking shall comply with M.U.T.C.D. criteria.
-Ordinance No. 20-91 provides for fees for processing sign permit
applications.
lac
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AGENDA REPORT
Meeting of 2/12/91
-Ordinance No. 21-91 deletes a reference to a section of the Land
Development Regulations contained in paragraph 7.1.3 (A) (2) i and
repeals paragraph 7.1.3 (A) (3).
The Planning and Zoning Board has reviewed each of these proposed
Ordinances and is recommending approval.
I have reservations on two of these ordinances. Section 3 of
Ordinance No. 16-91 appears toreauire that certain information be
included on gasoline price signs. I am not sure that was the intent
of the Board. In any case, I recommend that Section 3 be removed from
this ordinance, or that Section 3 be amended so that it simply limits
what information ~ be displayed on such signs but does not require
any particular information beyond the price which is required by
Section 4.6. 7(D) (3) (n).
Ordinance 19-91 would require that all signs and markings in parking
lots conform to the Manual of Uniform Traffic Control Devices ( MUTCD) .
This manual is written for streets and highways. I do not believe
that all MUTCD standards are appropriate for parking lots. For
example, the manual requires that all signs be mounted seven feet
above the ground. It also would not allow use of routed wood signs.
I recommend that this ordinance not be adopted.
- 2 -
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 310 S,E. ] st STREET, SUITE 4 . DURAY BEACH, nORJDA 33483
407/243-7090. TELECOPIER 407/278-4755
HEMORANDUM
Date: January 24, 1991
To: City Commission
From: David N. Tolces, Assistant City Attorney~
Subject: Land Development Regulation Amendments
This ordinance amends three different sections of the LDR's
pertaining to setback requirements. Section 1 of the ordinance
adds four cat,egories of structures which are allowed in
setbacks. These four categories were inadvertently not
included in the LDR's when they were adopted.
Section 2 of the ordinance provides for screen enclosures to
extend into the interior side setback area in zero lot line
developments. The setback shall not extend closer than five
feet from the property line, or exceed 35% of the net living
area exclusive of garages, balconies, decks, porches, and
common areas such as corridors.
Section 3 of the ordinance provides for a reduction of the
front building setback by 5 feet when at least 50% of the lots
frontage is on a cul-de-sac.
DNT: sh
Attachment
cc: David Harden, City Manager
· .--"
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DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER ~
THRU: WILLIAM H. GREENWOOD~;J¡. .
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: ROBERT TAYLOR f~
ASST. DIRECTOR OF ENVIRONMENTAL SERVICES/PUBLIC WORKS
DATE: MARCH 8, 1991
SUBJECT: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
INDUSTRIAL ACTIVITIES PERMIT APPLICATIONS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Over the past few months the Environmental Services Department
has been monitoring the status of the NPSDES program.
Recognition of the impending requirements of this program was
one of the driving forces behind the establishment of the City's
Stormwater Utility. As a part of this program, all public and
private industrial activities (as classified in the Federal
Register) must submit permit applications.
Two alternatives are available to the City with regards to filing
its industrial activities applications. The City may file
applications for each type of activity individually, or they may
combine with other applicants, having similar activities, in a
group application. For example, all of the Cities in Palm Beach
and Broward County could submit one group application for all of
their vehicle maintenance facilities. These group applications
provide the potential of a large cost savings to the City. This
cost savings is realized in a small way in the sharing of any
application costs, but in a much larger way when the program
reaches Part II (May 17, 1993) . Part II requires extensive
monitoring of all municipal storm sewer and industrial activity
outfalls, which could be quite costly. By combining in groups of
10 or more, the number of monitoring locations is reduced to 10%
of the total.
It has been proposed that all of the municipalities in Palm Beach
join together with the County to submit group applications for
each of the applicable classifications of industrial activity.
Group applications must be submitted by March 18, 1991. I have
C ·6.
,
~ -
David T. Harden, City Manager
March 8, 1991
Page Two
already succeeded in accumulating most of the data required for
this submittal, and feel confident that we can have the total
package ready prior to the deadline. A meeting has been schedule
for March 13, 1991 at Palm Springs Village Hall. At this
meeting, the information from all participants in the group will
be consolidated into one application for each type of activity.
It is important to note that group co-permittees are not jointly
liable. The City must designate a responsible party to certify
that the information we submit is true and accurate to the best
of their knowledge.
Below is a breakdown of the pros and cons associated with filing
a group applications:
PROS CONS
- Substantial Cost Savings. - Early submittal deadline
(3/18/91) as opposed to
- Substantial time savings individual applications
for staff. (11/18/91).
- Encouraged by EPA. - Coordination effort be-
tween co-permittees.
I would recommend that we join the other members of the Palm
Beach County Municipal League in these group applications, and
therefore, I will continue to obtain the data necessary for the
March 13, 1991 meeting. If you have any questions or comments
please contact me at Ext 7337.
RT:kt
cc: File RTNPDES - NPDES
Interoffice Memos - Memos to David T. Harden
[ITY DF DELRAY BEA[H
100 NW. 15t AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: g/JrRobert A. Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: ADDITIONAL AGENDA ITEM - CHANGE ORDER REQUEST #1
PUBLIC UTILITY BUILDING RENOVATIONS
DATE: March 13, 1991
City Commission is requested to approve Change Order #1 with ARZ
Builders, Inc. , for the Public Utility Building Renovation Project in
the amount of $16,144.00, and extend the contract time by three ( 3)
weeks. The new completion date will be May 10, 1991, versus April 19,
1991- Funding is available in account #444-5168-536-60.31, Water and
Sewer 1990 Not~Construction Fund. The new contract price will be
$106,999.00.) J /lj/11 ¡§'fcý;/ 4- 1.1-4/""-1)
The change order request is attached and includes various items. Most
of them are the result of unforeseen complications, which became
evident when the demolition work began. The architect, Mr. Mark Marsh,
will be present to explain the change order and answer any questions.
We request that this item be added to tonight's agenda in order to save
two ( 2 ) additional weeks. City staff and the architect have reviewed
this request and recommend approval.
RAB:mld
Attachment
CfT
THE EFFORT ALWAYS MATTERS
.
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¡ I /<LCEIVEO i1A~ t 2 195,
ARZ BUILDERS INC.
General Construction
LlC If cac 03 6305
. ..
March 13-1991.
Mr. Mark Marsh
Digby Rt'iclges, Marsh & Asso.
124 N.E. 5th Ave.
Delray Beach, FL. 33483
.
Re: City Attorney's office - Renovation (Change rder #1).
Bid /I 91-13.
Dear Mr. Ma.rsh,
The following is a breakdown on the items approved nd requested for the changes
in the scope of work with respect to the above ref renced project.
Authorized and approved by the architect:
1- Room J06 Refratne closet Add $ 250.00
Reroute electrical and water lines. Add $ 250.00
2- Room 108 Relocate water heater Add $ 900.00
3- Room 110 Remove rusted window frame, block a
remove water pipe. Add $ 650.00
4- Room 114 Remove concrete block off garage f1
Remove wood cabinets off south wall Add $,500.00
5- Room JOg Remove sliding door,and replace wit a
regular swing door. Add $ 175.00
6- Room )12 Remove and dispose of wood paneling Add $ 250.00
-
7- Instal1n~w doors between rooms (10
and rooms (111,112). Add $ 3óO.OO
8- Relocate book shelves. to new office Add $ 950.00
Approved total $ 4,275.00
.
~._._-- ._J.__
- - .._, - '---:i<
-'- ~'..---'- ' --
I
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Me. Ma l'k M(¡ 1'~~1l
City Attorney's office Proposed additiona work.
Page 2
1- Rooms 102,103: Remove grid and ceiling tile. Add. $ 250.00
Remove Plaster and lath .. Add $ 1,800.00
Disconnect light fixtures and r ve. Add $ 350.00
haul all debris. Add $ 900.00
Furnish labor and material to spr y
insulation on exposed concrete te 'Sf Add $ 990.00
Install new grid and ceiling tile Add $ 1,100.00
Reinstall ,light fixtures. Add $ 350.00
~ Furnish drywall (material). Add $ 200.00
2- RO()In 112:
Install drywall and finish. Add $ 700.00
3- Modify mjca counter per shop drawings: Add $ 600.00
4- Sawcut and remove a.sphalt Add $ 300.00
5- Furnjsh 16" limerock, 1 1/2" a.sphalt, compa.ctio a.nd
d.ensi ty . Aðd $ 500.00
6- Traffic control Add $ 400.00
7- Furnish Jabor a.nd material to insta.ll a reverse a.p sleeve. Add $ 750.00
8- Room 110: Remove and raise existing grid and c 'ling tile
and light fixtures. Add $ 1,000.00
9- Roon¡ 104: Remove paneling off west wall Add $ 250.00
Furnish drywall. Add $ 100.00
Furnish la.bor to install drwall and in ish. Add $ 250.00
----
Subtotal ¡ $ 10,790.00
Overhead an profit 10% . $ 1,079.00
-.....-
. TOT $11,869.00
~~ .,...o+~ . ,~, ,~.Oð
ARZ BUILOERS INC. upon approval of the proposed ad itional work requests an
additional 3 week time extension added to the orig nal contract.
We trust thjs is satisfactory.
oC"'FCO~'M~ 4 hq \~ \
Sincerely, New éøtl ,b}~ "bA:tt. SJ lo)clI
1UŒRS INC.
'!/J[tt-.~ t>r'~ C!1h~ ~Mt ./ 9ð, ess
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EITY DF DELAAY BEAEH
100 N,W, 1st AVENUE DELRA Y BEACH, FLORIDA 33444 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: ADDITIONAL AGENDA ITEM - CHANGE ORDER REQUEST #1
PUBLIC UTILITY BUILDING RENOVATIONS
DATE: March 13, 1991
City Commission is requested to approve Change Order #1 with ARZ
Builders, I nc . , for the Public Utility Building Renovation Project in
the amount of $16,144.00, and extend the contract time by three ( 3)
weeks. The new completion date will be May 10, 1991, versus April 19,
1991. Funding is available in account #444-5168-536-60.31, Water and
Sewer 1990 Note Construction Fund. The new contract price will be
$106,999.00.
The change order request is attached and includes various items. Most
of them are the result of unforeseen complications, which became
evident when the demolition work began. The architect, Mr. Mark Marsh,
will be present to explain the change order and answer any questions.
We request that this item be added to tonight's agenda in order to save
two (2 ) additional weeks. City staff and the architect have reviewed
this request and recommend approval.
RAB:mld
Attachment
THE EFFORT ALWAYS MATTERS
.
I f([CEIV£O t1AR '2 1991
ARZ BUILDERS INC.
General Construction
lIC I#CBC 036305
I ..
March 13-1991.
Mr. Mark Marsh
Digby RdcIges, Marsh & Asso.
124 N.E. 5th Ave.
Delray Beach, FL. 33483
Re: City Attorney's office - Renovation .
(Change rder #1).
Bid II 91-13.
Dea.r Ml'. Ma.rsh I
The following is a breakdown on the items approved nd requested for the changes
in the $cope of work with respect to the above ref 'enced project.
Authorized and approved by the architect:
1- Room J06 RefralTJe closet Add $ 250.00
Reroute electrical and water lines. Add $ 250.00
2- Room 108 Relocate water heater Add $ 900.00
3- Room 1.10 Remove rusted window frame, block a
ren~ve water pipe. Add $ 650.00
4- Room 114 Remove concrete block off garage f1
Remove wood cabinets off south wall Add $,500.00
5- Room 10Ø Remove sliding door,and replace wit a
regular swing door. Add $ 175.00
6- Room J12 Remove and dispose of wood paneling Add $ 250.00
, . -
7- Install new doors between rooms (10 ,107)
and rooms (111,112). Add $ 350.00
8- Relocate book shelves,to new office Add $ 950.00
-,-
Approved total $ 4,275.00
.
..,.---'-'
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-
--~. .. ,,---'- ' --
.h·
I
. Me. Mal'lt. Ml;Il'~~h . i
. City Atb)áley"s office work.
Page 2 Proposed additiona
1- Rooms 102,103: Remove grid and ceiling tile. Add $ 250.00
Remove Plaster and lath " Add $ 1,800.00
Disconnect light fixtures and re ve. Add $ 350.00
haul all debris. Add $ 900.00
Furnish labor and material to spr y
insulation on exposed concrete te '5. Add $ 990.00
Install new grid and ceiling tile Add $ 1,100.00
Reinstall light fixtures. Add $ 350.00
.. Furnish drywall (material). Add $ 200.00
2- Room 112:
Install drywall and finish. Add $ 700.00
3- Modify mjca counter per shop drawings: Add $ 600.00
4- Sawcut and remove asphalt Add $ 300.00
, ..
5- Furnjsh 1611 limerock, 1 1/21' a.sphalt, and
d.enSi ty. Add $ 500.00
6- Traffic control Add $ 400.00
7- Furnish Jabor and material to install a reverse ap sleeve. Add $ 750.00
8- Room 110: Remove and raise existing grid and c 'ling tile
and light fixtures. Add $ 1,000.00
9- Room J04: Remove paneling off west wa.ll Add $ 250.00
Furnish drywall. Add $ 100.00
Furnish labor to install drwall a.nd Add $ 250.00
-..-.- --
Subtotal i $ 10,790.00
Overhead an profit 10% $ 1,079.00
-.....-
. TOT $11 ,869.00
<;~ """00\- . Ib, ,~.o.
ARZ BUILDERS INC. upon approval of the proposed ad itional work requests an
additiQnal 3 week time extension added to the orig nal contract.
We trust thjs is satisfactory.
or'FC.~r_~ " h" \~ \
Sincerely, Ncw t~,ø",~ 'b&::t4.. SIIo)'tl
ARlum:Rs INC.
1/t[t4_'" . l>r.~ "...~.~ "'Ie, ess
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Pres:i.deut. ,
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CHANGE ORDER
No. 1
Dated March 12 , 199~
I
Project No. 87446
Project Name: ' Fire Station #2
.
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Owner: City of Delray Beach, Florida
Contractor: Pioneer Contracting Inc.,
Contract Date: Auaust 13. 1990
. .
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To: Pioneer Contracting Inc., , Contractor
You are directed to make the following changes in the subject contract:
Make miscellaneous changes as referenced per ~chedu1e 'A' attached. Time extension for this change
order is forty-two'(42) calendar days. However, there is no extension for the building and the
completion date is still May 10, 1991. For each day the building is not complete pa~t May 10, 1991
one day shall ëe deducted from the forty-two (42) day time extension. ,
. , .
which changes are more speéifically described in the attached ame,nded p1B.ns, drawings, ånd
specifications.
The reason for. the change is as follows: Miscellaneous changes related to Architectural "Field" Change,
Code Insp~ction Change, and conflicts with existina utilities.
..... .
The contract price and contract time shall be adjusted because of such changes as tallows:
A~ Contract Price
1. Contract price prior to this change order: .
1,005,879.00
Page One of Two Pages 9 LJ
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,CHANGE ORDER i~
'0 . ," ...t'..__.~ ..', '. ~_...",.. ..... ..._..... ..... .. ._........... .. ... _ _._..
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2. 'Ne't increase resulting from this change ,order: 10,676.52'
3. Current contract price Including this change order: 1,016,555.50
B. ,Contract Time .
1. Contract time prior to this change order: 270 Calendar Days
I ~:; A. (B~ilding) 0 Cal~ndar Days (May 10, 1991)
2. Net Increase resulting from.this change order: B. (Slte Work) 42 Calendar Days (June 21, 1991
. A. (Building) 270 Calendar Days(May 13, 1991)
z. Current contract. time including this change orcær:<Sit'e Work) 312' Calendar Davs(June 21, 1991:
-, .
. " City of Delray Beach, Florida, OWNER .
By: '
. ' Thomas Lynch, Mayor
Attest:
City Clerk
City of Delray Beach f ' .
--
Approved as to form:
City Attorney
"
, .
. ' .
The above changes are accepted on ~ ,198__ I understand that all the
provisions of tile Contract Document related to Project No. 87446. which are not
inconsistent. with, the terms of ',this Change Order shall remain in effect and apply to all work
undertaken pursuan~ to this Change Order. . '
Witness:
,
. . , CONTRACTOR
By:
As to Contractor Title
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Page Two of Two Pages
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- - - Schedule 'A'
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DELRA Y BEACH FIRE STATION NO. 2
CHANGE ORDER PROPOSALS
March II, 1991
NO. PROPOSAL REQUESTS PRICE
7 Laundry Tub $ ,-0-
2 Backwater Valve 3" . $ 527:31
3 ARCI-IKOTE Louvers $ 1-0-
4 Storm Drain & Water Main $8,167,50
5 Buffer Wall CREDIT · $ ] 920,00
6 011 Interceptor $4,750.16
!
NO. MISC. CHANGE ORDER REQUESTS PRICE
7 Relocate Building ]' -OM we'!;t $ 23~,25
2 Fire Hydrant and 6M Valve f CREDIT · $ 795ÞOa
3 Change 4-hour Wall to 2-hour CREDIT · $ 40D.00
4 600 amp FP&L Tranformer $ ] ]3.30
- Total Net Add C.O. #1 $ 10,676.52
.
* Additional tIme of forty-two (42) calendar days shall be
awarded, bringing the Completion Dote to June 27,
1991. This time is allocated for the site work only.
Substantial Completion Date for the building sholl
remain of May 10, 1~1 as originally stated. If
, Substantial Completion for the building is not within the
specified time period, for each calendar day the
building time Is extended, one (7) day shall be deleted
from the June 21, 1991 CompletIon Date.
M6\changes2
'.
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # I~~ - MEETING OF MARCH 13, 1991
ORDINANCE NO. 29-91
DATE: March 7, 1991
This is a first reading of an Ordinance rezoning the Greater Mount
Olive Missionary Baptist Church property located on the southwest
corner of N.W 4th Avenue and N.W. 1st Street from R1A (Single Family
Residential) Zoning District, in part and GC (General Commercial)
Zoning District, in part to CF (Community Facilities) Zoning District.
This rezoning request involves 1.63 acres of land, Lots 2, 3
(currently vacant), 7, 8, 10, 11, and 12. It is intended that upon
finalization of the rezoning, the property will be included in the
expansion of Mt. Olive Missionary Baptist Church. The development
proposal for this property consists of the removal of an existing
parking lot and construction of a 6,802 square foot facility adjacent
to the existing sanctuary. The new facility will house offices,
meeting rooms, classrooms, a multi-purpose auditorium and kitchen.
Additional parking will be provided via construction of a parking lot
on Lot 3, as well as the restriping and reconfiguration of existing
parking spaces.
The Planning and Zoning Board at their February 25th meeting
recommended approval of the rezonings.
·----.-.-.-- :_-......;..:..~.: ..:--=:'...:..::_"_:::..~.:.:..:::...-::=--_._-- ---.-.-:-..-- ---=-..----=---..::."- ==:.::.=::.:.:::::::.::.:..:=:::=-.:.::::..::=--.:::::::::::=--==::------------ -"--==--=-~_._- -"--..
--.-....-.--. .----- ..._-- _._- ---- _.~
-.. -..---.----..-.---.---.-..----.---.-.----
_ .. _ ._. _....._ ____ ~.__ .,_._.. .__. ..___ _ .. _·.___·_.~_n~ __ ______. _ ...~________.___._._.__..~_._
ORDINANCE NO. 29- 91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED R-IA (SINGLE FAMILY RESI-
DENTIAL) DISTRICT, IN PART, AND GC (GENERAL
COMMERCIAL) DISTRICT, IN PART, IN CF (COMMUNITY
FACILITIES) DISTRICT; SAID LAND BEING A PORTION
OF BLOCK 28, DELRAY BEACH, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, AND
LOCATED AT THE SOUTHWEST CORNER OF N.W. 4TH
AVENUE AND N. W. 1ST STREET; AND AMENDING "ZONING
DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990";
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Be ach, Florida, is hereby rezoned and placed in the CF
(Communty Facilities) District as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
Lots 2, 3, 7, 8, 10, 11 and 12, Block 28, Delray Beach
(formerly Linton), according to the Plat thereof in the
Office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book 1, Page 3.
The subject property is located at the southwest corner
of N.W. 4th Avenue and N.W. 1st Street.
The above described parcel contains a 1.63 acre parcel
of land, more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
'" .
'" .
C I T Y COM MIS S ION DOCUMENTATION
TO: ON MACGREGOR-HARTY, CITY CLERK
VID ~~~
~EPARTMENT OF PLANNING AND ZONING
('~ ~/'\. ~\.
FROM: ASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF MARCH 13, 1991
FIRST READING OF ORDINANCE REZONING PROPERTY ON THE
SOUTH SIDE OF N. W. 1ST STREET BOUNDED BY N. W. 4TH
AVENUE AND N. W. 5TH AVENUE FROM GC IN PART AND R-IA IN
PART TO CF (MT. OLIVE MISSIONARY BAPTIST CHURCH)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a rezoning ordinance. The action involves a
change of several lots, two of which are currently zoned
R-1A and is located at the intersection of N.W. 1st Street
and N.W. 4th Avenue. The other lots are currently zoned GC
and are located south and west of the R-1A area.
The rezonings involve 1.63 acres of land. It is intended
that upon finalization of the rezoning" the property will be
included in an expansion of and revision to existing aspects
of the Mt. Olive Missionary Baptist Church.
BACKGROUND
Concurrent with the rezoning application, a minor modification
to the existing conditional use was approved by the Planning and
Zoning Board, relative to this expansion. This modification
involved the removal of an existing parking lot and construction
of a 6,802 sq. ft. facility adjacent to the existing sanctuary.
The new facility will house offices, meeting rooms, classrooms, a
multi-purpose auditorium and kitchen. Additional parking will be
provided via construction of a parking lot on a currently vacant
parcel as well as restriping and reconfiguration of existing
parking spaces. The approved concept plan is attached.
" .
To: Alison MacGregor-Harty, City Clerk
Re: First Reading of Ordinance Rezoning
Mt. Olive Missionary Baptist Church
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of February 25th, at which time a duly noticed public
hearing was held. The Board unanimously (7-0) recommended
approval of the rezonings.
RECOMMENDED ACTION:
By motion, approval of the Ordinance on First Reading and setting
of a public hearing date of March 26th.
Attachments:
P&Z Staff Report & Documentation of February 25th
'. .
I
PLANNING & ZONING I:3UAHU
CITY OF DELRA Y BI::ACH --- STAFF REPORT ---
MEETING DATE: February 25, 1991
AGENDA ITEM:' III.A. (1)
ITEM: MT. OLIVE BAPTIST CHURCH, REZONINGS FROM GC AND R-1-A TO C. F.
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GENERAL DATA:
OWner...........................Greater Mt. Olive Missionary
Baptist Church
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Al varo Vera
Location........................On the Southwest corner of N.W. 4
Avenue and N.W. 1 Street.
Property Size...............!...1.63 Acres
City Land Use Plan..............Redevelopment Area '1
City Zoning.....................RIA (Single Family Residential)
and GC (General Commercial).
Adjacent Zoning.................Land to the East of the subject
property is zoned RIA. Land to
the South and the West is zoned
GC. Land to the North is zoned
both GC & RIA.
Existing Land Use...............Church
Proposed Land Use...............Church Addition
Water Service...................2" water main along N.W. 1 Street.
Sewer Service...................8" sanitary sewer line along N.W.
1 Street and a 8" line along N.W.
4 Avenue.
. III.A. (1)
.
I
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a rezoning for Mt. Olive Church of Lots 2,3,10,11,and 12 Block
28, Town of Delray plat, from GC (General Commercial) to CF
(Community Facility) and lots 7 and 8 from R1-A (Single Family
Residential) to CF (Community Facilities).
Lots 7,8,10,11, and 12 are located on the west side of N.W. 4th
Avenue between Atlantic Avenue and N.W. 1st Street while Lots 2
and 3 are located on the east side of N.W. 5th Avenue between
Atlantic Avenue and N.W. 1st Street. Mt. Olive Baptist Church
currently occupies Lots 2, 7, 8, 10, 11, and 12 while Lot 3 is
currently vacant.
BACKGROUND:
The Mt. Olive Baptist Church was originally founded in March 'of
1896 on Lot 7. Mt. Olive Baptist Church is the oldest Black
Baptist Church in Delray Beach, Boca Raton and Boynton Beach,
Florida. As the community grew the original church building was
expanded to accommodate 150 - 200 members in the early 1920's.
In 1928, the building was destroyed by a hurricane. Another
building was constructed in 1929 having a seating capacity of 300
- 400 people. As the congregation continued to expand it
eventually outgrew this structure and in 1959 the present
sanctuary was completed. It can accommodate some 525
parishioners. This sanctuary building occupies Lot 7 and church
parking occupies Lot 3 to the west and Lots, 8, 10, 11 and 12 to
the south.
On February 17, 1989, the Historic Preservation Board,
recognizing the historic importance of the church recommended
designation of Lot 7 as a local Historic site along with four
other sites commemorating black history of Delray Beach. As
only the site has a historic designation review of the proposed
site plan does not rest with the Historic Preservation Board but
with the Site Plan Review and Appearance Board.
PROJECT DESCRIPTION:
The request wilf involve the rezoning of Lots 2, 7, 8, 10, 11 and
12 which contain the existing church and associated parking, as
well as Lot 3 which is currently vacant. The rezoning request is
associated with an expansion of the existing sanctuary onto Lot 8,
Lots 7 and 8 are hereafter referred to as the building site; and
replacement parking to be constructed on Lot 3, Lots 2 and 3 are
hereafter referred to as the west parking area. In addition
modification is proposed to the existing parking lot on Lots 10,
11 and 12 hereafter referred to as the south parking area.
'"
I
P&Z Staff Report
Mt. Olive Baptist Church Rezoning
Page 2
Currently Lots 7 and 8 (building site) is within the R-1A zoning
district while the west and south parking lots are located within
the GC zoning district. Upon submittal of the expansion request
it was recommended the applicant rezone all properties to CF to
avoid problems of property development under different zoning
designations. The rezoning request is now before you.
ZONING ANALYSIS:
These parcels are currently zoned R1-A and GC. The surrounding
zoning is R1-A to the east, GC to the west and south, and R1-A to
the north of Lot 7 and GC to the north of Lots 2 and 10.
Pursuant to Section 4.4.21(A), the Community Facilities (CF)
District is a special purpose zone district primarily intended
for facilities which serve the public and semipublic purposes.
A church use fulfills this purpose. During rezoning associated
with the adoption of the LDR's other churches and similar
facilities were given CF zoning designations. Similarly Lots 2,
7, 8, 10, 11 and 12 should have been given a CF designation to
reflect the existing use. Lot 3 is a currently vacant GC
(General Commercial) parcel that the church wishes to expand onto
at this time. Expansion of the church use on Lot 3 would not be
allowed under the current GC (General Commercial) designation.
Pursuant to Section 4.4.21(C)(3), churches and places of worship
with attendant uses of day care, preschool, educational
facilities, and with other normal educational (Sunday schools)
and recreational facilities, and support facilities(e.g.,
patronages) are allowed as a Conditional Use with the CF zoning
district (Lots 2,3,7,8). Pursuant to Section 4.4.21 (C){8)
privately operated parking lots and garages are allowed as
Conditional Uses in the CF zoning district (Lots 10,11,12). As
the south parking lot is remote from the church, it is considered
a off-site parking lot for the church.
Accompanying the Rezoning and Conditional Use request is an alley
abandonment request for that portion of the alley located between
the building site and the west parking lot. If the abandonment
is granted, Lots 2,3,7,8,10,11 and 12 will be contiguous and
considered a single site. Expansion of the church use on Lot 3
would not be allowed under the current GC (General Commercial)
designation.
REQUIRED FINDINGS: (Section 2.4.5(D»
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:
,'"
I
P&Z staff Report
Mt. Olive Baptist Church Rezoning
Page 3
* 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.S(d)(S), the City Commission is
required to make a finding that the petition will fulfil one
of these reasons.
The applicant submitted a justification statement which states
the following reasons for the change being sought:
"When the current Zoning Map was adopted, September/1990 and
implemented on October 1, 1991, the church properties were
somehow not changed to CF at the time, although most of the
other churches in town were changed to CF zoning. (The
church has been there for more than 30 years.)"
"Since the church is now under the process of trying to get
approval for their new addition, it was determined by
Planning and Zoning that a change was now needed in order to
bring the church properties affected by this request under
the new zoning classification of CF, therefore making the
church properties the same zoning as the rest of the
churches in town."
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the application,
the Staff Report or Minutes. Findings shall be made by the
body which has the authority to approve or deny the
development application. These findings relate to the
following four areas.
Future Land Use Map:
(The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the
land use designation).
Church facilities and are allowed as conditional uses pursuant to
Section 4.4.21(C)(3).
".
I
P&Z Staff Report
Mt. Olive Baptist Church Rezoning
Page 4
The future land use designation for these parcels is not
specified as it is located within Redevelopment Area No. lo
However, the CF zoning designation is deemed compatible with all
land use designations shown on the Future Land Use Map.
Pursuant to the Future Land Use Element text in the Comprehensive
Plan development in designated redevelopment areas shall occur
pursuant to a specific "redevelopment plan" which is to be
prepared pursuant to Objective C-2 of the Land Use Element. If a
development proposal is presented to the City prior to the
creation and adoption of a redevelopment plan, that proposal
shall be handled in one of the following ways:
* The application shall be placed on hold for not more than
six months while the redevelopment plan is prepared;
* The application shall be processed on a case-by-case basis
with the existing zoning map, the Land Use Element, and the
Housing Element providing the Local Planning Agency with the
policy guidance needed to properly dispose of the
application.
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:
A) Performance Standard 3.3.2(A) relating to limiting
rezonings to CF within stable residential areas is not
applicable in that the site is located within a
redevelopment area.
B) Performance Standard 3.3.2{D) relating to the
requirement that the rezoning will result in allowing
compatible land uses, or that sufficient regulations
would apply to mitigate adverse impacts, is not
applicable to Lots 2, 7, 8, 10, 11 and 12 as the use
already exists. With respect to Lot 3 specific
regulations apply to the CF zoning district which
requires increase landscaped perimeter buffers not
required with in the GC zoning district.
In addition, the overall site must comply with the following
regulations that apply to both CF zoning designations and
district regulation separation will to apply this application:
".
I
P&Z Staff Report
Mt. Olive Baptist Church Rezoning
Page 5
Pursuant to Section 4.6.4 (E) , where a CF zone district is
adjacent to a residential district, a special district
boundary treatment is required. A landscaped setback of IS'
or 10' and either a six foot solid masonry wall or
continuous hedge at least 4 1/2' in height is required. The
attendant sketch plan provides a 17' to 22' landscape area
on the building site. On the south parking lot 5' is shown
while 10' or IS' is required.
Compatibility of the existing use with adjacent residential uses
is a concern as the large congregation spills out into the
neighborhood on Sundays. As referred to earlier the rezoning of
Lot 3 will allow further intensity by providing additional area
to accommodate required replacement parking eliminated by the
proposed addition. However Lot 3, in addition to improvements to
the south parking lot will result in 15 additional parking spaces
over current conditions.
REVIEW BY OTHERS:
The Community Redevelopment Agency and Site Plan Review and
Appearance Board have reviewed the accompanying sketch plan
proposal. If approval is granted for the rezoning and
conditional useJa full site plan must be submitted and approved
by the SPRAB (Site Plan Review and Appearance Board).
ASSESMENT AND CONCLUSIONS:
zoning to CF (Community Facilities) for Lots 2, 7, 8, 10, 11 and
12 will bring these lots into the proper zoning designation for
the current use. The zoning designation of R-lA is only
appropriate for small churches or single purpose structures and
not for large multipurpose churches of this type. Rezoning of
Lot 3 represents an expansion of the church use which will
accommodate an additional 15 parking spaces.
Referral to the Conditional Use analysis should be made with
respect to the possibility of an increase in intensity. If the
Conditional Use proposal is not to be looked on favorably it
would not be appropriate to recommend approval of rezoning for
Lot 3. However, regardless of proposed action on the Conditional
Use request it would be appropriate for the existing use (Lots 2,
7, 8, 10, 11 and 12) to be zoned CF (Community Facility).
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter 3
(Performance Standards Compatibility), and that pursuant to
Section 2.4.5(D)(S) the rezoning fails to fulfill at least
one of the reasons listed under Subsection 2.
,'"
I
P&Z Staff Report
Mt. Olive Baptist Church Rezoning
Page 6
C. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.5(D)(5).
STAFF RECOMMENDATION:
No recommendation is put forth until public testimony is received
and the full impact on adjacent property can be ascertained.
PD/f37/0LIVE.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # - MEETING OF MARCH 13 I 1991
ORDINANCE NO.
DATE: March 7, 1991
This is a first reading of an Ordinance amending the Land Development
Regulations to provide for the inclusion of the initial approval
period within the enacting ordinance for Large Scale Mixed Use
Development¡ and, to provide for the extension of the approval date to
August 22, 1992 for the Marina Cay SAD (Special Activities District).
The approval for the Marina Cay SAD expired in February 1991. A
request for extension was duly filed¡ however, it was rejected due to
provisions of the LDRs which prohibit the extension of a previously
approved development order. The property owner feels that the
provision of the LDRs which prohibit extension should not be
applicable to Large Scale Mixed Use SADs on the basis that each such
project should have its initial approval period carefully considered
and specifically established at the time of approval as opposed to
simply using the standard 18 months.
The Special Adjustment Advisory Board has considered the request and
recommends approval. No Planning and Zoning Board recommendation is
required.
· ,:.ANiINCE NO. 31-91
AN ORDINANCE OF THE C'ITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4. "ZONING
REGULATIONS", M\1'ICJ:.!: '1.4, "~"'!!E BOlHU8 IHE'¥RH'["t.,.-
SECTION 4.4.25, "SPECIAL .ACTIVITIES DISTRICT (SAD)",
OF THE LAND DEVELOPMENT REGU~ATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SUBSECTION 4.4.25 (C), "REVIEW AND APPROVAL
FP.OCESS", 70 PROVIDE IN :'ARAGr.APH ~. 4 . 25 ( C) ( "1 ~ FOR
INCLUSION OF THE INITIAL APPROVAL PERIOD WITHIN THE
ENACTING ORDINANCE FOR LÞ.R3Z 3CALE MIZED USE
DEVELOPMENT; BY AMENDING SUBSECTION 4.4.25 (I) ,
·'S.A.D.' s", TO PROVIDE FOR 'ìiiM@ooEXTENSION OF THE DATE
ON WHICH ~ APPROVAL FOR THE MARI!'!"A CAY SAD EXPIRES
TO AUGUST 22, 1992; 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 4.4.25, " Special Acti vi ties District
(SAD)", Subsection 4.4.25(C), "Review and Approval Process", of the Land
Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(3) Establishment: Vesting of a SAD project shall occur in
the same manner as set fo:r the establishment of a site plan
approval lreference Sections 2.4.4 tD) and tE»), except that when
the SAD is for a large Scale Mixed Use Development, the initial
approval (validity) period shall be specifically stated in the
enacting ordinance. In the event that a SAD project does not
become established, all uses, waivers, adjustments, and other
actions taken pursuant to the S.'\Dshall be void. In order to
proceed to establish the same, or another, use it shall be
necessary to process a rezoning a rezoning request.
Section 2. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.25, "Special Activities District
(SAD)", Subsection 4.4.25(1), "S.A.D.s", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(5) Marina Cay, Ordinance No. 51-89, not established,
approval expires on Pebr~arY-~~ï-i99i August 22, 1992;
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 deci-
sion 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 which
are in conflict herewith are hereby repealed.
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
~
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pASSED AND ADOPTED in regular 3ession on second and final
reading on this the _____ day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
? OR!). NO. 31-91
q
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ORDINANCE NO. 31-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4. "ZONING
REGULATIONS", SECTION 4.4.25, "SPECIAL ACTIVITIES
Dr STRI CT (SAD)", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SUBSECTION 4. 4.25 ( C) ,
"REVIEW AND APPROVAL PROCESS", TO PROVIDE IN
PARAGRAPH 4.4.25(C)(3) FOR INCLUSION OF THE INITIAL
l>.PPROVAL PERIOD WITHIN THE ENACTING ORDINANCE FOR
LARGE SCALE MIXED USE DEVELOPMENT; BY AMENDING
SUBSECTION 4.4.25(1), "S.A.D.'s", TO PROVIDE FOR
EXTENSION OF THE DATE ON WHICH APPROVAL FOR THE
MARINA CAY SAD EXPIRES TO AUGUST 22, 1992; 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 4.4.25, "Special Acti vi ties District
(SAD)", Subsection 4.4.25(C), "Review and Approval Process", of the Land
Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(3) Establishment: Vesting of a SAD project shall occur in
the same manner as set for the establishment of a site plan
approval [reference Sections 2.4.4 (D) and (E)], except that when
the SAD is for a large Scale Mixed Use Deve lopment . the initial
approval ( validi ty) period shall be specif ically stated in the
enacting ordinance. In the event that a SAD project does not
become established, all uses, waivers, adjustments, and other
actions taken pursuant to the SAD shall be void. In order to
proceed to establish the same, or another, use it shall be
necessary to process a rezoning a rezoning request.
Section 2. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.25, "Special Activities District
(SAD)", Subsection 4.4.25(1), "S.A.D.s", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(5) Marina Cay, Ordinance No. 51-89, not established,
approval expires on Pe~r~ary-%z¡-%99% August 22, 1992;
Section 3. That should any section or provision of this I
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 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 which
are in conflict herewith are hereby repealed.
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1991-
MAYOR
ATl'EST:
City Clerk
First Reading
Second Reading
I
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? ORD. NO. 31-91
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: SON MACGREGOR-HARTY, CITY CLERK
FROM, ~~~~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 13, 1991
SPECIAL RELIEF FROM ENACTMENT OF L.D.R.S RE MARINA CAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of ordinance(s) which address
provisions of the S.A.D. Zone District requirements.
These actions are being put forth under the provisions of
Section 2.4.7(F)(2), Relief from Improper Regulations (page
2.4.83).
BACKGROUND:
The Marina Cay S.A.D. original approval expired in the month of
February, 1991. A request for extension was duly filed; however,
it was rejected due to provisions of the LDRs which prohibit the
extension of a previously approved development order. Thus, it
would have been necessary for a new application, fees, and
accompanying studies and reports to be filed and processed as a
new rezoning.
The property owner felt that the provisions of the LDRs which
prohibit the extension of a previously approved project should
not be applicable to a Large Scale Mixed Use S.A.D. on the basis
that each such project should have its initial approval period
carefully considered and specifically established at the time of
approval as opposed to simply using the standard eighteen (18)
months. The basis and rationale for relief is found in their
request letter (March 1, 1991), a copy of which is attached.
The Special Adjustment Advisory Board has considered the request
and had forwarded it to the City Commission for action. The City
Commission may either approve or deny the proposed text
amendments.
Other requests in the March 1st letter will be handled as
follows:
1) Re 25% installation requirement -- this will be revisited by
the Planning and Zoning Board, along with other LDR
requirements, at a later date. (Note: The Director
attempted to have this requirement lessened previously but
was unsuccessful.)
I
City Commission Documentation
Special Relief From Enactment Of L.D.R.S Re Marina Cay
Page 2
2) Re Future Land Use Map designation -- this will be addressed
in Amendment 91-l. The existing approval will be
accommodated.
PROPOSED TEXT AMENDMENTS: The following proposed text amendments
have been prepared by the Director of Planning and Zoning in
response to the Marina Cay request. They do not exactly
accommodate the letter request; but they do accommodate the
specific situation with respect to the Marina Cay project.
LDR SECTION 4.4.25(C)....(3) Establishment: Vesting of a SAD
project shall occur in the same manner as set for the
establishment of a site plan approval [reference Section 2.4.4(D)
and ( E) ] except that when the SAD is for a Large Scale Mixed Use
development, the initial approval (validity) period shall be
specifically stated in the enacting ordinance. In the event that
a SAD project does not become established, all uses, waivers,
adjustments, and other actions taken pursuant to the SAD shall be
void. In order to proceed to establish the same, or another, use
it shall be necessary to process a rezoning request.
LDR SECTION 4.4.25(I)....(5) Marina Cay, Ordinance No.51-89, not
established, approval expires on -¥eM~~4~ H~; August 22,
1992;
ORDINANCE No. 51-89, Section -' modified to accommodate the
approval extended to August 22, 1992.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board did not review this item as it fell
under the purview of the Special Adjustment Advisory Board.
RECOMMENDED ACTION:
By motion, approval of the enacting ordinances on first reading
and establishment of March 26th as the public hearing date.
Attachment:
* Ordinances by others
DJK/#79/CCMARINA.TXT
I
Seacrest Commercial Properties, Ltd.
1925 North Federal Highway ~~~
Delray Beach, Florida 33483
Fax (407) 272-7878
(407) 272-2444 -t(; '" """,\ ",,::'
:' 1.()\~\' "
March 1, 1991 ~
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--:-
David J. Kovacs, Director .-
Department of Planning and Zoning
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Marina Cay S.A.D.
Dear David:
We appreciate your review of the possible modifications to the
present restrictions in the new Land Development Regulations to
allow the extension of time as requested and we hereby formally
petition for "Relief from Improper Regulations" pursuant to Code
Section 2.4.7(F)(2).
1 ) Therefore, we request that Section 4.4.25(c)(3),
Establishment of S.A.D.'s, be modified to require that a
specific time period be established for each individual
S.A.D. as opposed to using the present eighteen (18) month
limit, a/k/a/ the general rule; that the vesting of a S.A.D.
project shall occur in the same manner as set for the
establishment of a site plan approval (reference Sections
2.4.4(D), (E) and (F) ) and the balance of this paragraph
shall be deleted.
( 2 ) that given the above modification, the approval time for the
original Marina Cay approval shall be extended for an
additional eighteen (18) months from the date of approval of
the enacting ordinance.
( 3 ) The basis for the request is that Marina Cay, a Large Scale
Mixed Use project requires a time period in excess of the
normal eighteen (18) months in order to obtain the approvals
and permits which are necessary for this project.
In addition to the above request, may we also suggest that
in order to improve development and redevelopment in the
City, that the following Sections also be reviewed and
modified.
.
I
That Section 2.4.4(D) Establishment of Project, be deleted or
modified to exclude the twenty-five percent (25%) rule as
outlined in the following paragraph.
That Section 2.4.4(F)(2), Construction has commenced: to exclude
the 25% establishment standard for this reason. When a developer
has obtained an Acquisition and Development Loan followed by a
Construction Loan for a particular project and has commenced
construction but not yet completed 25% of this construction, the
City should not stop construction of the project because the
eighteen (18 ) month approval has expired. As long as a
development loan exists, an automatic extension should be
granted. If construction (once begun) halts, the city should
investigate by contacting the developer and if not satisfied, the
Lender. Usually the circumstances are beyond the control of the
developer.
In addition, the current 25% rule could result in lawsuits
against the City by any Lender and Developer with existing
Development Loans whether or not Construction has begun.
In reference to the Future Land Use Map of the Comprehensive
Plan, it is our understanding that the approved Large Scale Mixed
Use designation and the Marina Cay S.A.D. are consistent with the
Future Land Use Map. Further, that the Commercial portion of the
Mixed Use designation consisted of a total of sixty five thousand
five hundred +(65,500.+) square feet which would be constructed
from approximately the center of the property to the
Intracoastal Waterway which is the easterly border of the
property. We would not wish to redesignate otherwise, i.e. one
acre in the center.
We appreciate your interest in seeing the project proceed with a
minimum of problems. If there are any questions regarding the
above, please contact me.
Sincerely,
e>r~ h,~
Lois M. Kelly, General Partner
Seacrest Commercial Properties, Ltd.
LMK/lkf
cc: Tom Lynch, Mayor
David Harden, City Manager
Jeff Kurtz, City Attorney
James W. Nowlin, Jr. , General Partner
· ,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER M
SUBJECT: AGENDA ITEM 41= lac.. - MEETING OF MARCH 13, 1991
ORDINANCE NO. 32-91
DATE: MARCH 8, 1991
This is a first reading of an Ordinance amending Ordinance No.
51-89 to provide for an extension of the approval date to August
22, 1992 for the Marina Cay SAD (Special Activities District) .
Ordinance No. 51-89 is the enacting ordinance which originally
rezoned the Marina Cay property to SAD.
The Special Adjustment Advisory Board recommends approval.
,
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ORDINANCE NO. 32-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 51-89,
TO PROVIDE FOR AN EXTENSION OF THE APPROVAL DATE FOR
THE MARINA CAY SAD TO AUGUST 22, 1992; 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 Ordinance No. 51-89, Section 3 previously
passed by the City Commission of the City of Delray Beach on August 22,
1989, be, and the same is hereby amended to read as follows:
I
Section 3. That the development of the subject property
described in Section 1, above, is to be in accordance with the
terms, conditions and provision as set forth in Exhibit "A"
attached hereto and made a part hereof, and that approval of the
development as set forth in Exhibit "A" will expire on August 22,
1992.
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 affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(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 , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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'f~
ORDINANCE NO. 32-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO~~~~, /4" f:,.Jfo cA , SA ¡
TO PROVIDE FOR AN EXTENSION OF THE APPROVAL DA E!VO
AUGUST 22, 1992; PROVIDING A SAVING CLAUSE;
PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That Ordinance No. 51-89, Section 3 previously
passed by the City Commission of the City of Delray Beach on August 22,
1989, be, and the same is hereby amended to read as follows:
Section 3. That the development of the subject property·
described in Section 1, above, is to be in accordance with the
terms, conditions and provision as set forth in Exhibit "A"
attached hereto and made a part hereof , and that approval of the
development as set forth in Exhibit "A" will expire on August 22 .
1992.
Section 2. That should any sect.ion 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 affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(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 , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM :It laD - MEETING OF MARCH 13, 1991
ORDINANCE NO. 34-91
DATE: March 7, 1991
This is a first reading of an Ordinance amending the Code of
Ordinances to provide that the contractor may impose a late fee of
1. 5% on the unpaid balance on delinquent accounts receiving Type liE II
mechanical containers or commercial refuse container service as an
alternate method of collection.
Recommend approval on first reading of Ordinance No. 34-91 which
provides for the imposition of a late fee on the unpaid balance on
deliquent accounts receiving Type liE II mechanical containers or
commercial refuse container service as an alternate method of
collection.
ORDINANCE NO. 34-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, GARBAGE
AND TRASH", SUBHEADING "RATES AND CHARGES", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 51. 71, "METHOD OF
BILLING FOR CHARGES", TO PROVIDE THAT THE CONTRACTOR
MAY IMPOSE A LATE FEE OF 1.5 PERCENT ON THE UNPAID
BALANCE ON DELINQUENT ACCOUNTS RECEIVING TYPE E
MECHANICAL CONTAINERS AND COMMERCIAL REFUSE
CONTAINER SERVICE AS AN ALTERNATE METHOD OF
COLLECTION; BY AMENDING SECTION 51.72, "DELINQUENT
PAYMENTS; LIEN", TO PROVIDE THAT DELINQUENT ACCOUNTS
RECEIVING TYPE E MECHANICAL CONTAINERS AND
COMMERCIAL REFUSE CONTAINER SERVICE MAY BE ASSESSED
A LATE FEE OF 1.5\ PERCENT AS AN ALTERNATE METHOD OF
COLLECTION; PROVIDING A SAVING CLAUSE; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach
Florida desires to provide the City's Contractor with an alternative
collection methodology consisting of a 1.5% late fee on those accounts
billed directly by the contractor.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE,
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 51, Garbage
and Trash", subheading, "Rates and Charges", be and the same is hereby
amended by amending Section 51.71, "Method of Billing for Charges", to
read as follows:
Section 51.71 Method of Bi11inq for Charges
The regular monthly charge as set forth in Section 51.70, or
any additional charges for special, additional, or unusual services
shall be billed together with and as a part of the monthly statement
issued by the City for water services at the same time as all other
charges, provided that garbage and trash collection service charges
shall be itemized separately on that statement. However, the City's
contractors shall bill the customers receiving Type E, mechanical
containers and commercial refuse container service, as set forth in
Section 51.70, the monthly service charges for that service, which may
include a late fee in the amount of 1.5\ of the unpaid balance for
delinquent accounts receiving Type E mechanical containers and
commercial refuse container service, but that any delinquent bills shall
in the alternative be referable to the City for collection pursuant to
the provisions set forth in this chapter.
Section 2. That Title V, "Public Works", Chapter 51, "Garbage
and Trash", subheading, "Rates and Charges", be and the same is hereby
amended by amending Section 51. 72, "Delinquent Payments; Lien", to read
as follows:
Section 51. 72. "Delinquent Payments; Lien"
Any bill remaining unpaid for a period of thirty (30) days
after rendition shall be delinquent. A late fee shall be assessed by
the contractor in the amount of 1.5\ of the unpaid balance on delinquent
·
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i customer aécounts receiving Type E, mechanical containers and commercial
refuse container service or the contractor may refer collection to the
City pursuant to the provisions set forth in this chapter. If a
I delinquent bill is not paid, or a protest or appeal is filed (and later
i processed in accordance, generally, with the procedures set forth in
II Section 52.51) within eighteen (18 ) days, the City shall file a lien
against the property and may pursue foreclosure of the lien, as in the
II case of a mortgage, as well as all other legal remedies available to it,
the owner being responsible for all costs and attorney's fees.
,I
II Section 3. That should any section or provision of this
I ordinance or any portion thereof, any paragraph, sentence, or word be,
declared by a Court of competent jurisdiction to be invalid, such
I decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
I 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 immedi-
ately 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 I
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Second Reading ,
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ORD. NO. 34-91
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERM
SUBJECT: AGENDA ITEM # I~t.. - MEETING OF MARCH 13, 1991
ORDINANCE NO. 33-91
DATE: March 7, 1991
This is a first reading of an Ordinance amending the Land Development
Regulations by amending Appendix A by repealing the definition for
"Nonconforming Use" and enacting definitions for the terms Automobile
Brokerage; Automobile Dealership, Full Service; Land Development
Application; Major Subdivision; Minor Subdivision; Nonconforming Use;
and, Substance Abuse. While these terms are listed in Appendix A, the
definitions were not provided in the initial adoption of the LDRs.
Recommend approval of Ordinance No. 33-91 which provides definitions
for the terms Automobile Brokerage; Automobile Dealership, Full
Service; Land Development Application; Major Subdivision; Minor
Subdivision; Nonconforming Use; and, Substance Abuse.
,'"
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[IT' DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 310 S.E. I st STREET, SUITE 4 . DELRA Y BrACH, :LORIDA 334R3
4071243-7090. TELECOPIER 407127k-4755
MEMORANDUM
Date: March 7, 1991
To: Ci t.y corrunission
From: David N. Tolces, Assistant City Attorn;~~Ç!
Subject: LDR Ãmendments - Definitions in Appendix "A"
This ordinance adds definitions for the terms "Automobile
Brokerage", "Automobile Dealership, Full Service", "Land
Development Application", "Major Subdivision", "Minor Sub-
division", and "Substance Abuse". These terms are listed in
Appendix "A", Definitions, however, a definition for each was
not provided in the initial adoption of the LDR's.
This ordinance also amends the definition of "Nonconforming
Use" (see attached staff report) in order to reflect a standard
definition as contained in American Law of Zoning. The
definition for "Subdivision" is also amended to remove
reference to a "Minor Subdivision", which will now be defined
separately.
DNT: sh
Attachment
cc: David Harden, City Manager
,
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: FEBRUARY 25, 1991 ~~
AGENDA ITEM: III.D DEFINITION OF NONCONFORMING USE ~ '
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation
to the City Commission regarding a change to the definition
of the term "nonconforming use" as applicable in the LDRs.
BACKGROUND:
During his review of issues surrounding reuse or reestablishment
of use at the N. Federal Highway (former) Miller Dodge site, the
City Manager noted that our definition of "nonconforming use" is
not as clear as it could be. He asked that it be amended to
reflect a standard definition as contained in American Law of
Zoning.
Current Definition:
The use of a building or land that does not conform to the
regulations of the zoning district in which it is located.
(The current definition is that which existed in the Zoning Code
prior to adoption of the LDRs.)
American Law of Zoning Definition:
Any building or land lawfully occupied by, a use at the
effective date of this ordinance, or . amendment thereto,
which does not conform after the passage of this ordinance,
or amendment, with the use requirements of the district in
which it is situated.
ANALYSIS:
I believe the suggested change is appropriate. As written, our
current definition could be construed that an illegal use is
actually a nonconforming use.
The suggestion is consistent with the general intent and
philosophy of Article 1. 3, Nonconforming Uses, Lots, and
Structures. (Page 1. 3 . 1 )
RECOMMENDED ACTION:
By motion, forward a recommendation to the City Commission that
the definition of "nonconforming use" as stated in the LDRs,
Appendix "A", be amended pursuant to the body of this staff
report.
DJK!#78/PZNONCON.TXT ~.\:)
""
ORDINANCE NO. 33-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A" OF THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY REPEALING
THE DEFINITION FOR "NONCONFORMING USE"; BY ENACTING
DEFINITIONS FOR THE TERMS "AUTOMOBILE BROKERAGE",
"AUTOMOBILE DEALERSHIP, FULL SERVICE", "LAND
DEVELOPMENT APPLICATION", "MAJOR SUBDIVISION",
"MINOR SUBDIVISION" , "NONCONFORMING USE" , AND
"SUBSTANCE ABUSE"; BY DELETING REFERENCE TO THE
TERM, "MINOR SUBDIVISION" IN THE DEFINITION OF
"SUBDIVISION"; 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:
I Section 1. That Appendix A of the Land Development
i Regulations of the Code of Ordinances of the City of Delray Beach,:
Florida, be, and the same is hereby amended by repealing the definition I
of the term "Nonconforming Use".
Section 2. That Appendix A of the Land Development
I Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
i \
1 AUTOMOBILE BROKERAGE
The conduct of business resulting in the sale of an automobile
other than when a part of new and/or used car sales. '
AUTOMOBILE DEALERSHIP, FULL SERVICE I
The provision of all services necessary to accormnodate the
sale and service of new automobiles including franchise sales.
At a minimum, all of the following must be accormnodated at the
dealership site in order to qualify as a full service auto-
mobile dealership, franchise auto sales, auto repair, and auto
service.
LAND DEVELOPMENT APPLICATION
A request for any of the processes which are necessary to
obtain development permission including, but not limited to,
the processing of annexations. rezoninqs. conditional uses.
site plans, landscaping plans, architectural elevations.
MAJOR SUBDIVISION
Any subdivision other than a minor subdivision.
MINOR SUBDIVISION
Any subdivision which is, or involves. one of the following:
i
1. the creation of not more than three lots each of I
which fronts on an existing street, and which involve neither,
the extension of utilities, nor the providing of additional
right-of-way;
2. the creation of a plat solely for the purpose of
creating divided interests for a previously approved develop-
ment, which is to be constructed pursuant to a master develop-
ment or site plan, other than residential development;
) . a boundary plat; or
4. a one time splitting of an existing lot of record.
NONCONFORMING USE
Any building or land lawfully occupied by a use at the effec-
tive date of this ordinance, or amendment thereto, which does'
not conform after the passage of this ordinance, or amendment , !
with the use requirements of the district in which it is
situated.
SUBSTANCE ABUSE
A term which is all encompassing with respect to facilities
and uses which involve alcohol abuse, drug abuse, halfway
houses, and residential treatment programs.
Section 2. That Appendix A of the Land Development Regulations of·
the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
SUBDIVISION
Any land, vacant or improved, which is divided or proposed to I
be divided into two or more lots, parcels, sites, units, or I
plots for the purpose of offer, sale, or development either on
the installment plan or upon any and all other plans, terms,
and conditions. The act "Subdivision" includes the division
or development of residential and nonresidential zoned land,
as well as the division of units, whether by need, metes and
bounds description, devise, intestacy, lease, map, plat, or
other recorded instrument. For purposes of this chapter,
"Subdivision" includes condominiums, cooperatives, and rental
units. "Subdivision" includes resubdividing as replats.
Mil'lor -g~i:vi:si:ol'l -rneal'ls -al'lY -gttMi:vi:si:ol'ls -eel'l~ai:I'li:I'I!!I -I'IO~ '-rnere
~nan -~nree -t3+ -io~s -frol'l~i:I'I!!I -01'1 -al'l -exi:s~i:I'I!!I -s~ree~7 -I'IO~
±nvoivil'l!!l-aI'lY-l'Iew-s~ree~-or-road-or-~fte-ex~el'lsiol'l-o£-rn~1'Ii:ei:~ai
£ae:Í:H:~±es -or -èàe -erea~i:el'l -0£ -al'l}" -~1:t¡'li:e -i:rnl'revernel'l~s... --ill
ðO~l'Idal'Y -pla~7 -and -a -ol'le -èi:rne -sl':H~~i:I'I!!I -0£ -a -lo~ï -al'\d -~ne
ad;~e~rnen~-of-l'l'o~l'~y-ii:l'\es-i:s-a-rni:l'\er-s~i:vi:si:el'l.,.--iII-rna;ol'
s~Mivisi:ol'\ -rneal'\s -all -s~Mi:vi:ei:ol'\s -l'Ie~ -elassi:£i:ed -as -rn:Í:l'\el'
stlMivisol'\s...
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 deci-
sion 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 which
are in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
2 ORD. NO. 33-91
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f'i\SSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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3 oRD. NO. 33-91
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtfH
SUBJECT: AGENDA ITEM # I~F - MEETING OF MARCH 13, 1991
ORDINANCE NO. 30-91
DATE: March 7, 1991
This is a first reading of an Ordinance amending the Land Development
Regulations by enacting new paragraphs to provide for procedures the
Historic Preservation Board shall follow prior to designating a site
as being historic, including provisions for public hearing and for
approval by the Commission. This material was inadvertently omitted
during the preparation of the LDR document.
Recommend approval on first reading of Ordinance No. 30-91 which
provides procedures for the Historic Preservation Board to follow
prior to designating a site as being historic.
,')HDIN.;,-i,:E NO. 30-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, 7>.MEND1NG CHAPTER 4, "ZONING
REGULATIONS", AR'!'ICLE 4. :;, .. O'¡~LÀ·...· ~--i3N¥-I-RQN-
MEUfAt. MMti'iOBMEN'l' ÐIY'l'RIC"!'S", ~EC"fIðl. ~. ~ .1,
"III £'l'ORI C FR!!:~ERV;¡''FIen £IIFEC MJÐ IH3'PRICT:!""", SUB-
SECTION 4.5.l(C), "DESIGNATION PROCEDURES", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
,)RDINAl,1':ES OF THE :~Tl OF DELRJ¿.Y "JEi'.CH, '?In~IDA, BY
RENUMBERING EXISTING PARAGRAPH 4. :;.1 ( ::; ( 3; TO
4.5.l(C)(8), AND BY EN.~C'!'ING :-IEl-~ ?ARAGRAPHS
4.5.1(C)(3) THROUGH 4.5.1(C)(7' 'I'C PROVIDE FOR
PROCEDURES THE HISTORIC PRESERVATION BOARD SHALL
FOLLOW PRIOR TO DESIGNATING A SITE AS BEING
HISTORIC, INCLUDING PROVISIONS FOR PUBLIC HEARING
AND FOR APPROVAL BY THE CITY COMMISSION; 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 Chapter 4, "Zoning Regulations", Article 4.5,
"Overlay dnd Environmental Management Districts", Section 4.5.1,
"Historic Preservation Sites and Districts", Subsection 4.5 .I( C),
"Designation Procedures", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(3 ) The Board shall conduct a preliminary evaluation of the
information provided on each nomination application to determine if
it generally conforms with histcric status criteria. The Board
shall then prepare a designation report which shall contain the
following:
(a) proposed legal boundaries of the historic building,
archaeological site, structure, or district;
(b) any proposed conditional zoning regulations designed
to replace or complement existing zoning regulations
wi th regard to , but not limi ted to use, floor area,
density. height, setbacks, parking. and minimum lot
size;
(c) analysis of the historic significance and character
of the nominated property; and
(d) analysis of optional historic interiors for those
buildings and structures with interior features of
exceptional architectural. aesthetic, artistic. or
historic significance.
(4 ) Upon completion and formal review of the report. the
Board shall set a public hearing on each proposed designation.
Notice of said hearing shall be made to the owner of affected
property at least ten days prior to the hearing by certified mail.
Additional notice shall be given in the same manner as provided for I
a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice
published in the newspaper at least ten days prior to the hearing.
(5 ) Once the public hearing date is established, no permi ts
shall be issued for any new construction. alteration, relocation,
or demolition of the real property included in the nomination.
. This delay in the issuance of permits will remain in effect until
... one of the following takes place:
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(a) The Historic Preservation Board denies the nomina-
tion and no appeal is filed pursuant to Section
2 . 4 .7 ( E); or,
(b) The City Commission formally approves or denies the
nomination.
(6) After conducting the public hearing, if the Historic
Preservation Board finds that the nomination fulfills the proper
designation criteria and all procedures have been followed,
correctly, it shall vote on the designation. A majority of the:
entire Board, present and voting, must act in the affirmative to,
transmit the nomination and the Board's findings to the City
Commission. The City Commission shall consider the recommendation
through its standard ordinance adoption procedures, except that at
least three affirmative votes of the City Commission is necessary
to make a designation. In the event that a directly affected
property owner objects to the historic designation, the Commission:
approval shall require a super majority vote of four votes. '
(7) After conducting the public hearing, if the Historic]
Preservation Board does not find that the request fills the
criteria, no further action will be required and the request will
be deemed denied. However, an appeal may be filed and processed
pursuant to Section 2.4.7«E).
-f-H (8) The Board will issue an official "certificate of historic
significance" to the owner of properties listed individually on the
local historic register or judged as contributing to the character
of a historic district listed on the local historic register. The
Director acting as City Preservation Officer, or his appointee, is
authorized to issue and place official signs denoting the geo-
graphic boundaries of each historic district listed in the local
historic register.
I
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 affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
3ection 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 , 1991.
MAYOR
ATI'EST:
City Clerk
First Reading
Second Reading
2 0RD. NO. 30-91
I
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 310 S.¡:, 1st STREET, SUITE 4 · DELRAY BEACH, 1'10RIDA 3341-13
407/243-7090. TELECOPJER 407/271-1-4755
tvIEMORANDUM
Date: March 7, 1991
To: City Commission ~
From: David N. Tolces, Assistant City Attorne~
Subject: LDR Amendments - Historic Preservation Board
Designation Procedures
This amendment to the Land Development Regulations adds several
sections of the previous code which were inadvertently not
included in the new LDRs. These sections specify the
procedures the Historic Preservation Board shall follow prior
to nominating a site for historic preservation.
The procedures require the Board to prepare a designation
report covering the historic significance of the property, as
well as any proposed conditional zoning regulations which may
be applied to the property. The Board shall hold a public
hearing regarding the nomination, at which time no further
building permits shall be issued for the property nominated.
This restriction will be removed once the nomination is either
denied by the Board, or approved or denied by the Ci ty
Commission.
Three members of the City Commission must vote for approval of
the nomination. However, in the event the property owner
opposes the nomination, four (4) members of the City Commission
must vote for approval of the nomination. Once approval is
given, an official "certificate of historic significance" will
be issued by the Historic Preservation Board.
DNT:sh
Attachment
cc: David Harden, City Manager
ORDINANCE NO. 30-91
_t\N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS" , SUBSECTION 4.5.1 (C) , "DESIGNATION
PROCEDURES", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY RENUMBERING EXISTING PARAGRAPH
4.5.1(C)(3) TO 4.5.1(C)(8), AND BY ENACTING NEW
PARAGRAPHS 4.5.1(C)(3) THROUGH 4.5.1(C)(7) TO
PROVIDE FOR PROCEDURES THE HISTORIC PRESERVATION
BOARD SHALL FOLLOW PRIOR TO DESIGNATING A SITE AS
BEING HISTORIC, INCLUDING PROVISIONS FOR PUBLIC
HEARING AND FOR APPROVAL BY THE CITY COMMISSION;
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 Chapter 4, "Zoning Regulations", Article 4.5,
"Overlay and Environmental Management Districts" , Section 4.5.1,
"Historic Preservation Sites and Districts", Subsection 4.5.1(C),
"Designation Procedures", of the Land Development Regulations of the
Ci ty of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(3) The Board shall conduct a preliminary evaluation of the
information provided on each nomination application to determine if
it generally conforms with historic status criteria. The Board
shall then prepare a designation report which shall contain the
following:
(a) proposed legal boundaries of the historic building,
archaeological site, structure, or district;
(b) any proposed conditional zoning regulations designed
to replace or complement existing zoning regulations
with regard to, but not limited to use. floor area,
density, height, setbacks, parking, and minimum lot
size;
(c) analysis of the historic significance and character:
of the nominated property; and
(d) analysis of optional historic interiors for those
buildings and structures with interior features of
exceptional architectural, aesthetic , artistic, or
historic significance.
( 4) Upon completion and formal review of the report, the
Board shall set a public hearing on each proposed designation.
Notice of said hearing shall be made to the owner of affected
property at least ten days prior to the hearing by certified mail.
Additional notice shall be given in the same manner as provided for
a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice
published in the newspaper at least ten days prior to the hearing.
(5) Once the public hearing date is established, no permits
shall be issued for any new construction, alteration, relocation,
or demolition of the real property included in the nomination.
This delay in the issuance of permits will remain in effect until
one of the following takes place:
( a) The Historic Preservation Board denies the nomina-
tion and no appeal is filed pursuant to Section
2 . 4 . 7 ( E); or,
·
I (b) The City Commission formally approves or denies the
nomination.
(6) After conducting the public hearing, if the Historic
Preservation Board finds that the nomination fulfills the proper
designation criteria and all procedures have been followed
correctly, it shall vote on the designation. A majority of the
entire Board, present and voting, must act in the affirmative to.
transmit the nomination and the Board's findings to the City,
Commission. The City Commission shall consider the recommendation
through its standard ordinance adoption procedures, except that at
least three affirmative votes of the City Commission is necessary
to make a designation. In the event that a directly affected l
property owner obiects to the historic designation, the Commission
approval shall require a super majority vote of four votes.
(7) After conducting the public hearing, if the Historic
Preservation Board does not find that the request fills thei
criteria, no further action will be required and the request willi
be deemed denied. However, an appeal may be filed and processed i
pursuant to Section 2.4.7«E).
i
-t3t (8) The Board will issue an official "certificate of historic
significance" to the owner of properties listed individually on the
local historic register or judged as contributing to the character
of a historic district listed on the local historic register. The
Director acting as City Preservation Officer, or his appointee, is
authorized to issue and place official signs denoting the geo-
graphic boundaries of each historic district listed in the local
historic register.
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 affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
I PASSED AND ADOPTED in regular session on second and final
reading on this the _ day of I 1991. I
!
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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2 ORD. NO. 30-91
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM * I~Gr- MEETING OF MARCH 13, 1991
ORDINANCE NO. 19-91
DATE: MARCH 8, 1991
This is first reading of an ordinance amending the Land
Development Regulations to provide that all signs and markings
relating to off-street parking shall comply, when appropriate,
with the Manual of Uniform Traffic Control Devices (M.U.T.C.D.)
criteria. This item was removed from your February 12th agenda
inasmuch as original wording contained in the ordinance would
have required M.U.T.C.D. compliance for all traffic related
signing on private property.
The M.U.T.C.D. manual is written for streets and highways. I do
not believe that all M.U.T.C.D. standards are appropriate for
parking lots. Therefore, staff pursued alternate wording
acceptable to all parties involved. The ordinance will now
require that all signs and markings shall comply with the design
criteria as set forth in the Manual of Uniform Traffic Control
Devices, except that the City Engineer, or his designee, may waive
such compliance on a case-by-case basis.
Recommend approval of Ordinance No. 19-91 on first reading.
'.
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--- .---.--....', "'--- ~. ---_._.~- ._-_.__.-----_.~------
_ _.._____.__._. _..__ __::...-..____.____.,_...__._..____.___.___~___ _.__ __'·'_.__..n_ _.____-._____ - -.,' ----
___._._ ___..-_0'____ ..________._.. -_.._-_._~---------:-::----._-- ----'.-
----"-"'-'" ..- -_.._-_._~-
ORDINANCE NO. 19-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION 4.6.9(D), "DESIGN
STANDARDS", SUB-SUBSECTION 4.6.9(D) (6), "MARKING
AND SIGNING", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY DELETING THE WORD "S IGNALS"
FROM PARAGRAPH (d) AND ADDING THE WORDS "SIGNS AND
MARKINGS", AND PROVIDING THAT ALL SIGNS AND
MARKINGS SHALL COMPLY WITH M.U.T.C.D. DESIGN
CRITERIA EXCEPT THAT THE CITY ENGINEER, OR HIS
DESIGNEE, MAY WAIVE SUCH COMPLIANCE ON A
CASE-BY-CASE BASIS; 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 4.6, "Supplemental District Regulations", Section 4.6.9,
"Off-Street Parking Regulations", Subsection 4.6.9 (D), "Design
Standards", Sub-Subsection 4.6.9(D) (6), "Marking and Signing", of
the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(6) Marking and Signing
(d) All ž!~m.X' si¡ns and markinqs shall iømføt~
tÐ/~'W'1'~'Ø'/ tlt~tl. comply with the design
criteria as set forth in the M.U.T.C.D.
(Manual of Uniform Traffic Control Devices),
except that the City Enqineer , or his
designee, may waive such compliance on a
case-by-case basis.
Section 2. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
.
Section 4. That this ordinance shall become effective
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
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"~¡';:¡ ~', i3"~-("-C- ~
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 26, 1991
ORDINANCE 19-91, LDR TEXT AMENDMENT RE SIGNS & MARKINGS
ACTION REQUESTED OF THE CO~tISSION:
..
The action requested of the City Cormnission is that of
approval on first reading of Ordinance 19-91. This a text
amendment to the L.D.R.s. It is not associated with a
specific development order.
BACKGROUND:
This is one of the several "technical" amendments brought before
the City Cormnission as we are correcting the first printing of
the LDRs.
During consideration of this change which was to simply insert
language from the previous code, a question was raised as to
whether or not we really want compliance with the Manual of
Uniform Traffic Control Devices for all traffic related signing
on private property. In discussion with the City's Traffic
Engineer it is desired that not be the case, but that compliance
with the Manual, when appropriate, be retained.
Accordingly, the wording for the change is now recormnended to be
as follows:
4.6.9(D) (4) (d) All signage and markings shall comply with
the design criteria as set forth in the M.U.T.C.D. except
that the City Engineer, or his designee, may omit such
compliance on a case-by-case basis.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board previously recormnended approval of
the correction to insert the old language.
RECOMMENDED ACTION:
By motion, approval of Ordinance 19-91 on first reading.
Attachment:
.
* Ordinance 19-91, revised
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_.r_____·__···_·_____ ----.-.-.------..--.-----.- -------~-- ---"---
--.--.------.-." ----- --.--..-----.- '---'-- ------------~-_. ,.--.---.---
ORDINANCE NO. 19-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION 4.6.9(D) , "DESIGN
STANDARDS" , SUB-SUBSECTION 4.6.9(D)(6), "MARKING AND
SIGNING", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY DELETING THE WORD SIGNALS FROM PARAGRAPH
(d) AND ADDING THE WORDS, "SIGNS AND MARKINGS";
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
4.6, "Supplemental District Regulations", Section 4.6.9, "Off-street
Parking Regulations", subsection 4.6.9(D) , "Design Standards", Sub-
Subsection 4.6.9(D)(6), "Marking and Signing", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(6 ) Markinq and Siqning
(d) All ~iof! fta%s signs and markings shall conform to
M.U.T.C.D. criteria.
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 affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinance 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 , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
..,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROH: CITY MANAGER~
SUBJECT: AGENDA ITEM # - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 12-91 THROUGH ORDINANCE NO. 18-91 & ORDINANCE
NO. 20-91 THROUGH ORDINANCE NO. 21-91
DATE: February 14, 1991
This is a second reading of nine (9) Ordinances which amend the Land
Development Regulations. While a few of these ordinance make
substantive changes, the majority are administrative in nature. A
brief description of each ordinance is provided below:
-Ordinance No. 12-91 provides for additional structures which
are allowed in setback areas; provides for an extension of
screened enclosures in zero lot line developments into the
interior side setback¡ and provides for reduction of the front
building setback when at least 50% of the frontage of a lot is
located on a cul-de-sac.
-Ordinance No. 13-91 provides for an exception for the
encroachment of pool enclosures into the setback areas.
-Ordinance No. 14-91 repeals the restriction on Veterinary
clinics in the General Commercial Zone District and Central
Business Districts and enacts new subsections to allow Veterinary
Clinics as a conditional use in those zoning districts.
-Ordinance No. 15-91 provides for the notification that approval
for the Isle of Delray Special Activities District (SAD) has
expired¡ and\ provides for inclusion of Tutor Time Plaza as an
approved SAD.
-Ordinance No. 16-91 provides for a limitation of one real
estate sign per loti provides for the prohibition of wall signs
projecting more than eight (8) inches from the wall upon which it
is mounted¡ and corrects the date in the heading of subsection
4.6.7. (H)(2) from December 8, 1985 to December 18, 1985.
Ordinance No. 16-91 has been amended according to direction
received at your February 12th meeting. The information
regarding gasoline station signs has been removed.
-Ordinance No. 17-91 provides for the proper screening of
industrial uses from adjacent residential uses.
-Ordinance No. 18-91 provides for the extension of canopies,
marquees, and covered walkways into the public right-of-way with
approval from the City Commission.
-Grdinance 19-91 was deferred.
-Ordinance No. 20-91 provides for fees for processing sign
permit applications.
,
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AGENDA REPORT
Meeting of 2/26/91
-Ordinance No. 21-91 deletes a reference to a section of the
Land Development Regulations contained in paragraph 7.1.3 (A)(2)¡
and repeals paragraph 7.1.3 (A) (3).
The Planning and Zoning Board has reviewed each of these proposed
Ordinances and recommends approval.
- 2 -
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!0(
SUBJECT: AGENDA ITEM # - MEETING OF FEBRUARY 12 , 1991
ORDINANCE NO. 12-91 THROUGH ORDINANCE NO. 21-91
DATE: February 12, 1991
This is a first reading of ten (10) Ordinances which amend the Land
Development Regulations. While a few of these ordinance make
substantive changes, the majority are administrative in nature. A
brief description of each ordinance is provided below:
-Ordinance No. 12-91 provides for additional structures which are
allowed in setback areas; provides for an extension of screened
enclosures in zero lot line developments into the interior side
setback¡ and provides for reduction of the front building setback
when at least 50% of the frontage of a lot is located on a
cul-de-sac.
-Ordinance No. 13-91 provides for an exception for the
encroachment of pool enclosures into the setback areas.
-Ordinance No. 14-91: repeals the restriction on Veterinary
clinics in the General Commercial Zone District and Central
Business Districts and enacts new subsections to allow Veterinary
Clinics as a conditional use in those zoning districts.
-Ordinance No. 15-91 provides for the notification that approval
for the Isle of Delray Special Activities District (SAD) has
expired; and provides for inclusion of Tutor Time Plaza as an
approved SAD.
-Ordinance No. 16-91 provides for a limitation of one real estate
"- sign per loti provides for information requirements on gasoline
signs such as price per gallon, type of fuel, octane rating, and
directional information such as self-service¡ provides for the
prohibition of wall signs projecting more than eight ( 8 ) inches
from the wall upon which it is mounted; and corrects the date in
the heading of subsection 4.6.7. (H) (2) from December 8, 1985 to
December 18, 1985.
-Ordinance No. 17-91 provides for the proper screening of
industrial uses from adjacent residential uses.
-Ordinance No. 18-91 provides for the extension of canopies,
marquees, and covered walkways into the public right-of-way with
approval from the City Commission.
-Ordinance No. 19-91 provides that all signs and markings relating
to off-street parking shall comply with M.U.T.C.D. criteria.
-Ordinance No. 20-91 provides for fees for processing sign permit
applications.
IZ-S-
>.
[IT' DF DELAA' BEA[H
CITY ATTORNEY'S OFFICE 310 S,E. I sl STREET, SUITE 4 . DURAY BEACH, FLORIDA 33483
407/243-7090 . TELFCOPIER 407/278-4755
MEMORANDUM
Date: January 25, 1991
To: City conunission
From: David N. To1ces, Assistant City Attorne~
Subject: Land Development Regulations Amendments
This ordinance amends Subsection 4.6.9(D)(6) of the LDR's by
changing the term "signals" to "signs and markings". As a
result, all signs and markings relating to off-street parking
shall comply with M.U.T.C.D. criteria.
DNT:sh
Attachment
cn'{ ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 25.9111:47 P,02
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ORDINANCE NO. 19-91
AN ORDINANCE or THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH. FLORIDA, }\.MENDING CHAPTER 4, "ZONING
REGULATIONS", J\.RTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS" , SUBSECTION 4.6.9 (D) , "DESIGN
STANDÞ.RDS", SUB-SUBSECTION 4.6.9(D)(6), "MARKING AND
SIGNING", OF THE LMID DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRÞ.'{ BEACH,
FLORIDA, BY DELETING THE WORD SIGNALS FROM PARAGRAPH
(d) Þ.ND ADDING THE WORDS, "SIGNS AND MARKINGS";
PROVIDING A SAVING CLAUSS; PROVIDING A REPEÞ.LER
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREfORE, BE IT ORDAINED BY THE CITi' COMMISSION OF THE:
CITY OF DELRAY BEACH, PLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.9, "Off-street
ParJÜnq Regulations", subsaction 4.6.9 (D) , "Design Standards", Sub-
Subsection 4.6.9(D)(6), "Marking and Signing", of the Land Development
Regulation. of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follow.:
(6) Markino and Slaning
(d) All a~fta!:a Ilyns and markinos shall conform to
M.U.T.C.D. criter a.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a cou~t of competent jurisdiction to be invalid, such deci-
sion shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 3. That all ordinances, or parts of ordinanoe which
are in conflict herewith are hereby repealed.
Sect on 4. That this ordinance shall become effective ten
ts pas.age on second and final reading.
PASSED MID ADOPTED in regular session on second and final
reading on this the _____ day of , 1991.
MAYOR
ATTEST I
City Clerk
Firat Reading
Second Reading
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AGENDA REPORT
Meeting of 2/12/91
-Ordinance No. 21~91 deletes a reference to a section of the Land
Development Regulations contained in paragraph 7.1.3 (A)(2)¡ and
repeals paragraph 7.1.3 (A)(3).
The Planning and Zoning Board has reviewed each of these proposed
Ordinances and is recommending approval.
I have reservations on two of these ordinances. Section 3 of
Ordinance No. 16-91 appears to reauire that certain information be
included on gasoline price signs. I am not sure that was the intent
of the Board. In any case, I recommend that Section 3 be removed from
this ordinance, or that Section 3 be amended so that it simply limits
what information ~ be displayed on such signs but does not require
any particular information beyond the price which is required by
Section 4.6.7 (D) (3) (n) .
Ordinance 19-91 would require that all signs and markings in parking
lots conform to the Manual of Uniform Traffic Control Devices ( MUTCD) .
This manual is written for streets and highways. I do not believe
that all MUTCD standards are appropriate for parking lots. For
example, the manual requires that all signs be mounted seven feet
above the ground. It also would not allow use of routed wood signs.
I recommend that this ordinance not be adopted.
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