03-26-91 Regular
.
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 26, 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
or presiding officer may adjust the amount of time allocated at
his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on
items under this section.
B. Comments and Inquiries on Non-Agenda Items from the
Public: Any citizen is entitled to be heard concerning any
matter within the scope of jurisdiction of the Commission
under this section. The Commission may withhold comment or
direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: When
extraordinary circumstances or reasons exist and at the
discretion of the Commission, citizens may speak on any
official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet 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.
Agenda
Meeting of 3/26/91
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.
5. Approval of Regular Meeting minutes of March 13, 1991.
6. Proclamations:
A. National Library Week - April 14 through April 20, 1991.
B. Month of the Young Child - April 1991.
C. National Community Development Week - April 1 through April
7 , 1991.
7. Presentations:
A. Information Technology Resources Strategic Plan - Robert K.
Henderson, Florida Center for Public Management.
8. Consent Agenda:
A. 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. Historic Preservation Board
recommends approval. Second Reading and public hearing held
February 26, 1991.
B. ACCEPTANCE OF RIGHT-OF-WAY DEED: Accept a warranty deed for
additional right-of-way from the property owner at 102 N. Swinton
Avenue.
C. AGREEMENT BETWEEN THE CITY AND FAIRWAYS OF DELRAY HOMEOWNERS
ASSOCIATION: Approve an agreement between the City and the
Fairways of Delray Homeowners Association dedicating the
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. Agenda
Meeting of 3/26/91
rights-of-way for the private streets within the subdivision to the
City. City Manager recommends approval.
D. FIRE STATION NO. 1 ACQUISITION: Approve the Stipulated Order
of Taking between the City and the Travers, owners of Parcel No. 4 .
This action is necessary for the acquisition of sufficient property
for construction Fire Station No. 1. City Manager recommends
approval.
E. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD'S RESOLUTION NO. 1-91 : Ratify SCRWTD Board's
Resolution 1-91 which authorizes the use of funds from the Sinking
Fund to pay for a portion of the Odor Abatement construction
project. City Manager recommends approval.
F. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTION: Ratify a contract with Environmental
Science Corp. for sludge disposal at the SCRWTD Plant. City/s
share of funding to come from Water and Sewer Fund Sewage Treatment
Operating Share/Wastewater Treatment (Account No.
441-5142-536-33.74). This contract represents a standard operating
cost for the plant. City Manager recommends approval.
G. THIS ITEM WAS MOVED TO THE REGULAR AGENDA.
H. WAIVER OF INSURANCE REQUIREMENTS AND EXECUTION OF CONTRACT:
Waive the insurance requirements and authorize the execution of a
contract with Leslie Divoll, Inc. in the amount of $24,000 for the
Banker's Row Project. Funding is available Planning and Zoning
Miscellaneous Operating - Banker's Row (Account No.
001-2511-515-34.78) . City Manager recommends approval.
1. AUTHORIZATION TO SUBMIT APPLICATIONS FOR GRANT FUNDING:
Authorize the submittal of four applications for grant funding for
fiscal year 1991/92 from the Florida Department of Health and
Rehabilitation Services in the total amount of $66,013 to purchase
one emergency rescue vehicle; six cellular telephones and seven
portable fax machines; seven headset communication devices; and, a
house safety simulator trailer. This is a matching grant program.
City Manager recommends approval.
~ REQUEST FOR USE OF STAGE AND WAIVER OF RENTAL FEE: Approve a
quest for use of the City's stage to be erected at Miller Park on
April 21st for the welcoming ceremony for the U.S. Military
Personnel returning from the Persian Gulf and waive the $350 rental
fee. City Manager recommends approval.
K. CHANGE OF SUBDIVISION AND STREET NAME: Approve a request for
change of subdivision name from Hidden Lakes to Clearbrook and a
request to rename the internal subdivision street from Hidden Lakes
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.
Agenda
Meeting of 3/26/91
Drive to Clearbrook Circle. City Manager recommends approval.
L. REQUEST FOR FINAL PAYMENT/A.O.B. UNDERGROUND, INC. : Approve
final payment to A.O.B. Underground, Inc. in the amount of
$22,913.60 with funding from Rainbow Homes Utility Tax Bond
(Account No. 333-3161-541-61.13) . City Manager recommends
approval.
M. REQUEST FOR FINAL PAYMENT/W. JACKSON AND SONS: Approve final
payment to W. Jackson and Sons Construction Company in the amount
of $11,781.79 for the extension of a waterline to provide for an
interconnect with the City of Boca Raton with funding from Water
and Sewer Fund Boca/Palm Beach County Emergency Interconnect
(Account No. 441-5162-536-60.38) . City Manager recommends
approval.
N. REQUEST FOR FINAL PAYMENT/ARZ BUILDERS, INC: Approve final
payment to ARZ Builders, Inc. in the amount of $1,687 for
completion of sidewalk improvements at Pompey Park with funding
from Decade of Excellence Bond Issue/Sidewalks Pompey Park (Account
No. 225-3162-541-61.45). City Manager recommends approval.
cD ~ RE UEST FOR FINAL PAYMENT JOHNSON AND DAVIS: Approve final
yment in the amount of 29,773.85 to Johnson and Davis for
completion of the S.E. 1st Street drainage project with funding
from Decade of Excellence Bond Issue/S.E. 1st Street Drainage
(Account No. 225-3161-541-61.41). Account balance $18,228. City
Manager recommends approval. City Manager recommends approval.
P. RESOLUTION NO. 19-91: A Resolution assessing costs for
abatement action required to demolish an unsafe structure at
610 S.E. 6th Avenue. City Manager recommends approval.
Q. RESOLUTION NO. 20-91: A Resolution assessing costs for
abatement action required to board up an unsafe structure at
111 S.W. 2nd Street. City Manager recommends approval.
R. RESOLUTION NO. 21-91: A Resolution assessing costs for
abatement action required to board up an unsafe structure at
729 S.W. 9th Court. City Manager recommends approval.
S. RESOLUTION NO. 22-91: A Resolution assessing costs for
abatement action required to board up an unsafe structure at
2606 Frederick Boulevard. City Manager recommends approval.
T. AWARD OF BIDS AND CONTRACTS:
1. Mini-Camera for Sewer Inspections- Environmental Services-
Pearpoint, Inc. in the amount of $17,000.30 with funding from
Mini Camera Sewer Lateral Inspection (Account No.
-4-
Agenda
Meeting of 3/26/91
442-5178-536-61.88). Account balance $30,000. City Manager
recommends approval.
2. Reconstruction of Drinking Water Well #34 - Miller
Services, Inc. in the amount of $54,900 with funding from Well
Rehabilitation, Replacement, Upgrade (Account No.
442-5178-536-61.82). Account balance $183,000. City Manager
recommends approval.
3. Truck Mounted Sewer Cleaner - Environmental Services - Ray
Pace's Waste Equipment, Inc. in the amount of $62,403.75 with
funding from Hydraulic Flushing Machine (Account No.
442-5178-536-64.04). Account balance $89,998. City Manager
recommends approval.
4. Annual Photo Supplies - Various Departments - Photoline
Supplies, Inc. in an estimated annual amount of $17,800 with
funding from Various Department Film Supplies Line Item. City
Manager recommends approval.
5. Community Policing Training program- Police Department-
Florida Atlantic University in the amount of $75,633 with
funding from Law Enforcement Trust Fund Consulting (Account
No. 112-2172-521-33.15). Account balance $88,500. City
Manager recommends approval.
~lt.." OeG.. rnT('..,.
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period of March 13
through March 25, 1991.
B. CONDITIONAL USE APPROVAL: (This item should be discussed
immediately following first reading of Ordinance No. 23-91).
Consider a request for conditional use approval to establish a
commercial passenger loading area and boat ticket sales on the east
side of Palm Square, just south of East Atlantic Avenue. Planning
and Zoning Board recommends approval (6-1 vote). Historic
Preservation Board recommends denial. Community Redevelopment
Agency recommends approval subject to conditions.
~ REQUEST FOR INITIATION OF MASTER PLAN AMENDMENT - VILLAS OF
liAINBERRY: Consider a request from the Villas of Rainberry
Homeowner's Association for the City Commission to initiate, on
thei~ behalf, a Master Plan Amendment to permit a change in the
setback requirement for the Villas of Rainberry development.
D. CONDITIONAL USE APPROVAL/OAK SQUARE: Consider a request for
conditional use approval for a major modification to the Oak Square
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Agenda
Meeting of 3/26/91
Residential Treatment Center located at 2702 N. Federal Highway.
Planning and Zoning Board recommends approval (6-0 vote).
E. CONDITIONAL USE APPROVAL/SHELL: Consider a request for
conditional use approval for a major modification to convert an
existing Mobil gasoline station, located on the southeast corner of
Atlantic Avenue and Military Trail, to a Shell gasoline station.
Planning and Zoning Board recommends approval (6-0 vote).
F. REQUEST FOR WAIVER OF THE LAND DEVELOPMENT REGULATIONS:
Consider a request from the Harbourside Condominium Association for
a variance to construction a 125 foot long by five foot wide
marginal pier with a 55 foot long by five foot wide "L" section and
a request for waiver of the requirement to install a wastewater
pump out station.
(gb WAIVER OF BUILDING PERMIT FEES - SUNDY HOUSE RESTORATION:
nsider a request for waiver of the building permit fees for the
restoration of the Sundy House.
H. REMOVED FROM THE AGENDA.
I. CIVIL ENGINEERING SERVICES CONTRACT: Rank the top three firms
and authorize staff to negotiate and award a contract for Civil
Engineering services.
J. RENEWAL OF CONTRACT FOR ADMINISTRATIVE HEALTH INSURANCE
SERVICES: Approve the renewal of a contract between the City and
Anthem Life Insurance Company for the administration of the City's
Health Insurance program. City Manager recommends approval.
CEi YOUTH EMPLOYMENT PROGRAM: Approve a City sponsored Summer
outh Employment Program. Approximate cost of this program is
$16,800. Funding to come from various Departmental Accounts. City
Manager recommends approval.
~ CHANGE ORDER NO.3: Approve Change Order No.3 to the contract
lth All Green Lawn Sprinklers, Inc. in the amount of $2,870.90 for
a change in landscaping materials for the North Federal Highway
Landscaping project. This Change order increases the overall
contract price to $104,444.45. Funding is available in the 1987
Utility Tax Bond/Federal Highway - Linton to North End (Account No.
333-4141-572-61.27). Account balance $144,098.48.
~ APPOINTMENT OF A MEMBER TO THE EDUCATION BOARD: Appoint a
mber to the Education Board to fill the vacancy created by the
resignation of Stephen Raciti to a term ending July 31, 1992.
Mayor's appointment.
@ APPOINTMENT OF A MEMBER TO THE CIVIL SERVICE BOARD: Appoint a
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Agenda
Meeting of 3/26/91
regular member to the Civil Service Board to a term ending April 1,
1993. Seat 3 appointment.
(ii RESOLUTION NO. 23-91, A Resolution transmitting the City
mmission's comments regarding the the proposed Countywide Future
Land Use Element as prepared by the Countywide Planning Council.
~ AUTHORIZATION TO INSTITUTE LEGAL PROCEEDINGS: Authorize the
ity Attorney's Office to institute legal proceedings against the
insurance companies representing Aero-Dri.
~ PROCEDURES FOR EVALUATING ADJUSTMENTS TO STORMWATER UTILITY
SESSMENTS: Approve the procedures for evaluating adjustments to
the Stormwater Utility Assessment in accordance with Ordinance No.
21-90. City Manager recommends approval.
~~
~ APPROVAL OF REVISED WATER AND SEWER CAPITAL IMPROVEMENT PLAN,
A prove revised Water and Sewer Capital Improvement Plan. City
anager recommends approval.
10~PubliC Hearings:
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. Planning and Zoning Board recommends approval
(6-0 vote).
B. 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.
C. REQUEST FOR WAIVER OF THE SIGN CODE: Consider a request from
O.C. Taylor to waive the provisions of the Sign Code to permit a 36
square foot sign, 16 feet in height to front on S.E. 5th Avenue.
Site Plan Review and Appearance Board recommends approval of the
sign subject to conditions.
D. 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). Special Adjustment Advisory Board recommends approval.
E. ORDINANCE NO. 32-91: An Ordinance amending Ordinance No.
51-89 to provide for an extension of the approval date to August
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'"
Agenda
Meeting of 3/26/91
22, 1992 for the Marina Cay SAD (Special Activities District).
Special Adjustment Advisory Board recommends approval.
F. 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.
G. 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 LOR
document.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 23-91: An Ordinance rezoning vacant property
located on the east side of Palm Square, just south of East
Atlantic Avenue from Residential (RM) Zone District to Community
Facilities (CF) Zone District in order to accommodate parking for
commercial uses. Planning and Zoning Board recommends approval
(7-0 vote). If passed public hearing April 9th.
B. ORDINANCE NO. 35-91: An Ordinance annexing a vacant parcel
located at the northeast corner of Barwick Road and Atlantic Avenue
with an initial City zoning of Community Facilities (CF) to
facilitate the construction of Middle School HH-2. Planning and
Zoning Board recommends approval (6-0 vote). If passed public
hearing April 23rd.
C. ORDINANCE NO. 36-91: An Ordinance amending the Code of
Ordinances to provide for a change to the definition of "Continuous
Service" to allow for benefit eligibility to continue during
military service; to provide for a change in the length of terms of
service for Pension Board members to two years; and to provide
that the Secretary of the Pension Board of Trustees shall be a
member of the Board. If passed public hearing April 9th.
D. ORDINANCE NO. 19-91: An Ordinance amending the Land
Development Regulations by deleting the term "signals" from
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Agenda
Meeting of 3/26/91
subsection 4.6.9(0) (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, and providing an appeal
process. If passed public hearing April 9th.
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 26, 1991 - 6:00 p.m.
COMMISSION CHAMBERS
ADDENDUM NO. 1
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these proceed-
ings, and for this purpose such persons may need to ensure that a
verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. The City
does not provide or prepeare such record.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.H. TRI-PARTITE AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY, COMMUNITY REDEVELOPMENT AGENCY AND FIRST UNION BANK
Approve an agreement and memoradum of understanding between the
City, the Community Redevelopment Agency and First Union Bank
which creates the CRA's Interest Free Loan Program. City
Manager recommends approval.
~~ ~...
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 26, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM NO. 2
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
S. LAND SURVEYING SERVICES CONTRACT: Rank the top three firms and
authorize staff to negotiate and award a contract for land
surveying services.
"
[ITY DF DELRAY BEAEH
- -- -.-
PRO( 1. I .: I ,
WHEREAS, libraries help us to achieve our dreams of a
better life and a better world by providing valuable resources
supported by professional expertise: and,
WHEREAS, libraries provide for educational, business,
cultural, and recreational needs of citizens of all ages, ori-
gins, and views: and,
WHEREAS, the quality of library service in the communi-
ty is enhanced by citizen participation on the Library Advisory
Board and in the Friends of the Library: and,
WHEREAS, libraries in Palm Beach County join in the
celebration of National Library Week by presenting BookPeBt! of
the Palm Beaches: A Literary Festival, April 19, 20, and 21,
1991,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the week of April
14-20, 1991, as
"NATIONAL LIBRARY WEEK"
in the City of Delray Beach and urge all citizens to visit their
libraries, participate in BookFest, and express their apprecia-
tion for all the important and valuable services provided to the
community by Libraries.
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 26th day of March, 1991.
MAY 0 R
THOMAS E. LYNCH
SEAL
[ITY DF DELRAY HEAEM
-- -- - -- -~_...-
PRO( 1.'. i Ii , . ,
WHEREAS, the City of Delray Beach and other local
organizations, in conjunction with the National Association for
the Education of Young Children, is celebrating the Month of the
Young Child, April 1, to 30, 1991; and,
WHEREAS, by calling attention to the need for quality
child care for all young children and families within our communi-
ty, these groups hope to improve the quality and availability of
such services; and,
WHEREAS, the quality of services is primarily determined
by the individual teachers and caregivers who perform this valu-
able work; and,
WHEREAS, the work of early childhood professionals is
not fully understood and is under-appreciated; and,
WHEREAS, quality child care services can provide the
basis for a good beginning for children's sound growth and devel-
opment,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim April 1 to 30, 1991, as
"MONTH OF THE YOUNG CHILD"
in the City of Delray Beach and urge all citizens to recognize the
valuable contributions of early childhood teachers and caregivers
and to actively support the need for more and better child care
within our community.
IN WITNESS WHEREOF, I have hereunto set my hand and the
Official Seal of the City of Delray Beach, Florida, on this the
26th day of March, 1991.
MAY 0 R
THOMAS E. LYNCH
SEAL
[ITY DF DELRAY BEA[H
-- , - ---
PR()(I ~ 'f I ' ~-
WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
has operated since 1974 to provide local governments with the
resources required to meet the needs of persons of low and
moderate income; and,
WHEREAS, the City of Delray Beach became an entitlement
City, receiving its own block grant funds since October 1, 1985,
providing the much needed assistance in revitalizing our neigh-
borhoods and assisting the low and moderate income citizens of
our City; and,
WHEREAS, community development block grant funds are
used by thousands of neighborhood-based nonprofit organizations
throughout the Nation to address pressing neighborhood and human
service needs; and,
WHEREAS, the last several years the Federal Government
has reduced Federal assistance to local governments and nonprofit
organizations; and,
WHEREAS, during this time of constricted Federal
contributions to the task of meeting the needs of low and moder-
ate income persons, the problems have grown as evidenced by the
dwindling supply of affordable housing, the massive rise in
homelessness, and the resurfacing of hunger and malnutrition;
and,
WHEREAS, the Congress of the Nation has often over-
looked the critical value of the COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM and the significant number of organizations and
projects that rely on its funds for support; and,
WHEREAS, the Congress of the United States has declared
Apr il 1-7, 1991, NATIONAL COMMUNITY DEVELOPMENT WEEK and have
called upon the President and all people of the United States to
observe the week with appropriate ceremonies and activities,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the week of April
1-7, 1991, as
"NATIONAL COMMUNITY DEVELOPMENT WEEK"
and call upon all citizens of our City to participate in ceremo-
nies and activities celebrating the COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM.
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 26th day of March, 1991-
MAY 0 R
THOMAS E. LYNCH
SEAL
Information Technology
Resource. Stra" Ie Plan
Information Technology
Resources Strategic Plan
Prepared by the
Florida Center for Public Management
The Florida State University
City of Delray Beach, Florida 1
NOTES
3/25/91 Page 1
Information Technology
Reaource. Strate Ic Plan
Strategic Plan
. Current Automation ~
. Enhanced Automation Goals
. Management Methods
. Existing Equipment Enhancements
. Existing Software Enhancements
. CIS Management Strategies
. Implementation Phasing
City of Oelray Beach, Florida 2
NOTES
3/25/91 Page 2
"
Intonnallon Technology
Resource. Strate Ie Plan
Requirements Study Approach
Marriaf.!e of:
. Observed needs
. Management's needs
. Consultant's experience
(change agent)
City of Delray Beach, Florida 3
NOTES
3/25/91 Page 3
"I
Final Report: Contents
. Scope
. Management . Recommendations
. Planning . General
. Empowerment . Systems Analysis
. Recommendations . Host Upgrade
. Strategic Plan . Department Plans
. Summary
. Appendices
City of Delray Beach, Florida 4
NOTES
3/25/91 Page 4
'"
In'onnatlon Technology
Resources Str... Ic Plan
Final Report: Management
. Organizational Culture
. Information Technology (IT) Management
. "Senior managers should make all major
decisions regarding information technology. "
.Recommendation #2
. IT Support Coordination
City 0' Delray Beach, Florida 5
NOTES
3/25/91 Page 5
Information Technology
Reaourcea Stra.. Ie Plan
Final Report: Planning
. Five Year Plan
. Annual Plan
. MIS Department Plan
. Department Plans
CIty of Delray Beach, Florida 6
NOTES
3/25/91 Page 6
"
Infonnatlon Technology
Resource. Strate Ie Plan
Progression of Five-Year Plans
City of Delray Beach, Florida 7
NOTES
3/25/91 Page 7
Information Technology
Reaourcea Str.te Ie Plan
Final Report: MIS Plan Priorities
. Centralized Help Desk
. Maintain Systems . Maintain Systems
. Convert S/34 Data . Convert S/34 Data
. Install Backbone Net . Install Backbone Net
. Install Police LAN . Install Police LAN
. Install Fire LAN . Imtall Fire LAN
. Install Attorney LAN . Install Attorney LAN
Needed: 62 w ks ;~~~~1~~l~~~~~~t~~'tij~!~~~*~~~~~1~*it~1~~~~t~~1~;t~11f~l~~~~;;~~1fu~t1~~ill~~~
Available: 38 wks l:m:w::i::m:::m::::::::aiMitttii::fi:li:;J Unmet Need I
City of Delray Beach, Florida a
NOTES
3/25/91 Page 8
"
Information Technology
Resourcea Strate Ie Plan
IEMPOWERMENTI
City of Delray Beach, Florida 9
NOTES
3/25/91 Page 9
Information Technology
Resourcea Straw Ie Plan
Final Report: IT Goals
. Strategic Plan . Network Open for City
. Annual Work Plan Workers
. Sr. Managers Manage IT . Host Computer Meets
Current & Future Needs
. Training of End-Users . Networks, Databases, PC
. Microcomputer for City Support: Work Units
Workers . Decision Policies Support
. Network Supports City City's Plan
Goals . Standardize Applications,
. Network Open for City Systems & Access
Workers
City of Delray Beach, Florida 10
NOTES
3/25/91 Page 10
'"
Intonnallon Technology
Resources Strata Ie Plan
. Host Upgrade
. Training
City ot Delray Beach, Florida 11
NOTES
3/25/91 Page 11
Information Technology
Resources Str... Ie Plan
Final Report: Dept. Recommendations
. Improved Operation . Specialized Applications
. Work with Vendors . Ergonomic Enhancements
. Hardware & Software . Training
Upgrades . Standardize Applications,
. New Automated Support Systems & Access
. General Applications
All to support the objectives of the City.
City of Delray Beach, Florida 12
NOTES
3/25/91 Page 12
"
, .
Intonnatlon Technology
Resource. Str. Ie Plan
Final Report: Summary
. Good Plan
. Meets Objectives
. Flexible
. State of the Art
. Serves the Citizens of
Delray Beach
City of Delray Beach, Florida 13
NOTES
3/25/91 Page 13
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March 20, 1991
His Honor, Hayor Tom Lynch
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mayor Lynch:
We are pleased to support the nomination to list THE COLONY on the
Local Register of Historic Places. George M. Boughton and his father
Charles D. Boughton started THE COLONY in 1935. We are proud to
continue the family tradition.
We also encourage the City to continue the movement to enhance
Delray Beach as an historic Florida town built around a Main Street.
It will distinguish us from the' other surrounding Florida towns. The
future success of THE COLONY HOTEL depends on the historic character
and vitality of Delray Beach and should be encouraged.
We appreciate the support the townspeople of Delray Beach have
shown THE COLONY in the past and we hope this support will continue
in the future.
Sincerely,
THE COLONY
rc~o~ .-
Jestena C. ~oughton
cc:~ce, Historic preservation Off
Dick Foss, Manager, The Colony Hotel
Rita McDowell, Assistant Manager, The Colony Hotel
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tfr'1
SUBJECT: AGENDA ITEM # ~A - MEETING OF MARCH 26, 1991
ORDINANCE NO. 22-91
DATE: March 21, 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,
at your March 13th meeting action on this item was again continued to
March 26th. We expect to have the letter prior to your Tuesday
evening meeting.
Recommend approval of Ordinance No. 22-91 which places the Colony
Hotel and Annex (buildings only) on the Local Register of Historic
Places.
,"
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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
4.5.1(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 Delray Beach, Florida, is hereby
amended by adding Item 11 to read as follows:
( 11) THE COLONY HO'l'BL ABD TaB COLONY HO'l'BL NOR'fH
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 fina 1
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 f7v1
SUBJECT: AGENDA ITEM # 8"'Pr - 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
4.5.1(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 Delray Beach, Florida, is hereby
amended by adding Item 11 to read as follows:
( 11) THE COLONY HO'!'BL ABD THE COLONY HO'l'BL NOR'l'H
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.
M A Y 0 R
ATTEST:
City Clerk
First Reading February 12, 1991
second Reading
t
"
,
. .' .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~~
SUBJECT: AGENDA ITEM # ,Of", - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 22-91 .
DATE: February 19, 1991
I
This is a second reading of an ordinance placing the Colony Hotel and
Annex on the Local Register of Historic Places. This ordinance
follows direction received at your January 29th meeting at which the .,
Commission accepted the report from the Historic Preservation Board .
;
regarding the designation of these buildings as historic. i
Recommend approval of Ordinance No. 22-91. 1
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ORDINANCE NO. 22-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, ~ZONI~G
REGULATIONS ~, ARTICLE 4.5, ~OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS", SECTION 4.5.1, ~HISTORIC
PRESERVATION SITES AND DISTRICTS~, SUBSECTION
4.5.l(KI, "DESIGNATION OF HISTORIC SITES", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY ADDI~G 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 Delray Beach, Florida, is hereby
amended by adding Item 11 to read as follows:
( 11) THE COLONY HO'l'BL AJID THE COLONY HO'l"BL NORTH
ANNBX, 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
De lray, 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 sess ion on second and fina I
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
second Reading
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~l) - MEETING OF MARCH 26, 1991
ACCEPTANCE OF RIGHT-OF-WAY DEED - 102 NORTH SWINTON AVENUE
DATE: March 20, 1991
This item was deferred at your March 13th meeting to determine if the
amount of dedicated right-of-way required was consistent with that
required of other property owners on similarly situated properties.
At their 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.
Attached is information compiled by our Traffic Engineer in response
to questions raised at the last Commission meeting. I do not find the
arguments presented persuasive. Line of sight can be protected by
Code provisions. A triangle ten feet on the street sides should
provide sufficient area for signal equipment or utility poles.
The Planning Director has pointed out that the property owner has
already had his property surveyed with the 25 foot triangle,
therefore, reducing the size might be more trouble to the owner than
it is worth at this point.
------
MEMO From
CITY MANAGER1S OFFICE
To: I-~ Date: ~2-/9 I
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARDY, CITY CLERK
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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, aO~~?1en'Eof 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
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SURVEY NOTES a
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1. Reproductions of this sketch are not valid unless sealed
with an embossed surveyor's se~l,
2. No Title Opinions or Abstract to the subject property has
been provided. It is possible that there are Deeds. F.a~pm""l <.
or other Instruments (recorded or unrecorded) which may a[[..et
the subject property. No search of the Public RecordR hnR
been made by this office.
3. The Land Description hereon is based on the Instrument of
Record,
4. No underground foundations 'located.
5. Elevations shown hereon are based on the National Geodetic
Vertical Datum of 1929.
6. Benchr.lark 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.
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DESCRIPTION e;...""-
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Parcel 1: The South 27.25 feet of Lot 15 and the north 21.50 feet of Lot 16, Block 59 and Parcel 11: The south 55.00
feet of Lot 16, Block 59, TOWN OF DELRAY BEACH, according to the plat thereof, as recorded in Plat Book I, 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 Palm Reach 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
I 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 ia true and correct to the
best of my knowledge and belief &s surveyed in the field under my direction in March, 1990. 1 further certify that this
survey meets the MinLmum Technical Standards set forth by the Florida Board of Prof~ssional Land Surveyors in Chapt~r
21HH-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. There are no above ground ~llcrOhC~-
ments other than those shown hereon, subject to the qualifications noted hereon. ~ ~' ~ r
G. ""'t.' -.. 1
Michael D. Avirom, r. .~. ------
Florida Registration ~!o. 3268
AVIROM-HALL & ASSOCIATeS. INC.
L. 8. No, 3300
REVISIONS LOT Ie; 8r 5.2"7'.25' OF LOT 15 BLOC.K 59 DATE
.______ f 11.1~~"1 ''''~'.'1.1 ""... .......... .......", - ----
oti q i flat
PARTIAL RELEASE OF MORTGAGE Jo ~"Iq /
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 F~orida,
("Mortgagee") .
WIT N E SSE T H:
Whereas, Mortgagee is the owner and holder of a Mortgage a~d
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 l~gally 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 "8" 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 :~e 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
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By:
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Witness
" Its:
,)< .J.: . -'i..J.r-l'~ ",IJ.^__u_
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Witness MORTGAGEE
STATE OF FLORIDA )
)SS:
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this
" \.' , , '\
day of , 1991 by , .
of Boca Bank, a Florida banking corporation, on behalf of the
corporation.
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Notary Public
My Commission Expires: <r" Mol.,.., '"'olk ~!"'e .( ":,,;~~_"
'1 '.:.:~:~~::",'. (::;:~~?,~~;.~;:";, d
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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 44034'12"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.
.
RIGHT-OF-WAY DEED
THIS INDENTURE made this / {rh.- day of December ,
19~, between Delray New Wave, a general partnership
as part Y of the first part and the CITY OF DELRA Y 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 ($T:ll1l1 and other valuable considerations paid. receipt
of which is hereby acknowledged, daM hereby grant. remise. release, quit
claim and convey unto the party 0 the second part. its successors and
assigns, all right. title. interest. claim and demand which the part..Y,-,. 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 givmg 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
par~ 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 kinOOi construction or improvements upon the
above-described property.
Party of the first part dOes hereby fully warrant the title to
said land andwm defend the same agBInst 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;M:- of the first part, in law or in equity to the only proper use,
bene t, and behoof of the said party of the second part, its successors and
assigns.
Page 1 01 2
,
IN WITNESS WHEREOF, said part y of the first part ha s
hereunto set its hand_and seal_ the date first above written.
ed, sealed and delivered PART~ QI:tTl-tE FIRST P~RT
he presence of: DE~AY NEW WA~,E, a: General partnershl::
,r I r I '. .' .
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~ d; r::: M!~5=han s. ~el.ner, g-eneral partner
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(SEAL)
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BEFORE ME pe~ly appeared and
......." to me well known to me to be the
anct--"""'" described in and
who executed the foregomg instrume n ac now e ge before me that they
executed the same for the purpos therein ''9.Xpz:esserl.
WITNESS seal this 'da}>'~ '
19 - ~,
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Notary Public ~ --.......
illy Commission Expires:
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this
~ day of December, 1990, by Michael S. Weiner, general
partner of Delray New Wave, a general partnership.
~,:~i~Ol~
My Commission Expires:
~orARY FUll' 'I;, S'1'ATE OF FlOllIDA.
MY C(,.;~.;l..::,:..r,t\f ";'(...J19;:~: ~:)..rl. 20. 1'....
eou,).",,: T..r,,1,a o <;-,lo'I' I w.;,.....r,: 1,~,;.-;fj\.;IltI.,..,...
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 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 44034'12"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.
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 0#
ASST. DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER
DATE: MARCH 22, 1991
SUBJECT: INTERSECTION SAFE SIGHT DISTANCES
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
During the last Commission Meeting, during the discussions on the
Sunday House, a discussion was held relative to the County's
request for a 35 foot triangle at the intersection.
This 35 foot distance was actually comprised of two components.
1. 10 Feet of additional right-of-way.
2. 25 Feet for a "safe distance triangle".
Attached please find a memorandum, prepared by Greg Luttrell,
concerning this subject.
In summary a safe triangle is a clean sight distance required for
safe traffic movement. It is based on the posted speed limit.
MG:kt
cc: File - MGDHSSD - Safe Distance Triangles
Interoffice Memos: Memos to David T. Harden, City Manager
. 0 . .
MEMORANDUM
TO: Mark Gabriel, P. E.
Assistant Director Environmental Services
City Engineer
FROM: Greg Luttrell, Ci,ty Traffic Engineer CsilEl-
DATE: March 19, 1991
SUBJECT: SAFE DISTANCE TRIANGLES - INTERSECTIONS
REFERENCES FOR USE
SUNDAY HOUSE
This provides a review of pertinent standards and regula-
tions concerning necessary sight distance areas at intersec-
tions. This review summarizes information from the federal
to local level. Finally special recommendations are made
relative to the Sunday House development and City wide
applications.
Citation 1 - A Policy on Geometric Design of Highways and
Streets (1984) , American Association of State Highway and
Transportation Officials. This book is commonly referred to
as the Green Book. Chapter III, Elements of Design, begins
with recommended sight distances .
"The ability to see ahead is of the utmost importance in the
safe and efficient operation of a vehicle n(pg 135) .
Furthermore, "for safety... the designer must provide sight
distance of sufficient length that drivers can. . . avoid
striking an unexpected object" (pg 135) . Car stopping
distances range from 200 feet for 30 mph design speed
facilitates to 400 feet for 40 mph design speed facilitates
(pg 138, Table III. 1). A driver approaching an intersection
must have these sight distance areas clear.
When a driver is required to stop in response to an unex-
pected or unusual situation these distances increase to a
range from 450 - 1450 feet.
The following statement is made specifically regarding
intersection sight requirements. nThere must be an unob-
structed sight distance along both approaches of both roads
at an intersection and across their included corners for a
distance sufficient to allow the operators of vehicles,
approaching simultaneously, to see each other in time to
prevent collisions at the intersection (pg 774)". A typical
sight triangle for an intersection is shown on page 776,
figure IX-20. These intersection sight triangles are
affected by horizontal geometry and intersection skew.
This citation is a recommended set of guidelines
promulagated to establish consistent roadway design.
I
Citation 2 - Transportation a~d Land Development, (1988) ,
Institute of Transportation Engineers. This text represents
current urban design standards and practices. "The inter-
section design should provide adequate sight distances for
all vehicular maneuvers allowed at the intersection (pg
121)".
This reference generally follows the standards set forth by
the ASSHTO Green Book. The standards presented do however,
account for trucks traffic, varying deceleration rates and
geometric features. The minimum sight distances are a range
from 200 to 400 feet.
Citation 3 - Manual of Uniform Minimum Standards for Design,
Construction and Maintenance for Streets and Highways,
(1989), Florida Department of Transportation. This book is
commonly referred to as the Green Book. The importance of
sight distances is evident by the continual reference to
this concept made in the Green Book. "The provision for
adequate horizontal and vertical sight distance is an
essential factor in the development of a safe street or
highway (pg 111-7)".
The requirements of the Green Book at intersections can be
summarized by stating that "sight distances exceeding the
minimum" (pg 111-8, 111-45) be provided. Stopping sight
distances range from 125 feet (20 mph design speed) to 850
feet (70 mph design speed). The intersection area should
remain clear of sight obstructions to allow vehicles to
maneuver safely.
Any property not in public ownership shall be considered a
sight obstruction. It is assumed that private property can
be developed such that the needed sight areas would be
blocked. This indicates that sight triangles should be
acquired whenever possible.
The sight distances are shown in figure III-11. Sight
triangles are measured from the assumed drivers eye to the
center of the approaching (right and/or left) lane. These
points define the corners of the sight triangles.
Finally, the Green Book states that sight obstructions
"frequently produce extremely serious hazards" (pg III-75).
Citation 4 - Roadway Design Standards, (1990), Florida
';- Department of Transportation. This standard represents the
most recent FDOT position on sight triangles. It should be
noted that these requirements are greater than those previ-
ously referenced.
Citation 5 - Telephone conversation with the Palm Beach
County Land Development and Traffic Divisions. The County
Comprehensive plan identifies certain intersections to be
constructed as fully expanded intersections. These are the
crossings of certain thoroughfare roads. At these expanded
intersections a 40' safe corner is required.
These 40 foot safe corners allow the following functions to
occur:
- Utility Locations
- Traffic Signals
- Sidewalks
- Drainage Structures
- Road Radius
These 40 foot corners are vital for the efficient design of
these expanded intersections.
Citation 6 - Subdivision and required improvement regula-
tions, (1990) , Palm Beach County. This citation requires a
25 foot safe corner at all intersections (pg 105) . In
addition, "all intersections shall be designed to provide
adequate stopping and sight distance in accordance with the
current edition of the Green Book" (section 2003.1. 22) .
Section 2011.5 combines these requirements indicating that
the 25 foot corner is required along with any additional
sight distance areas. This standard is further required in
the following citation.
Citation 7 - Palm Beach County Zoning Code. Section
500.35,13,8B, requires a 25 foot "Safe Distance Triangle" or
alternate triangle required to maintain adequate traffic
safety.
Citation 8 - Letter from Charles R. Walker, Jr. P. E.
Director, Palm Beach County Traffic Division. This letter
(attached) summarizes the information given above relative
to the 25 and 40 foot safe corners.
These standards are applied for "all intersecting rights-
of-way within the unincorporated area". The County Compre-
hensive plan requests the assistance of local government in
carrying out these standards in the incorporated areas.
Conclusions and Recommendations:
The City currently requires right of way dedications from
developers. A summary of general City requirements is
outlined in the February 26, 1991 memo from David J. Kovacs,
Director, Planning and Zoning (attached) . Specifically
regarding the Sunday House development, it is appropriate to
require additional right of way as is outlined in that memo.
I
I
.
Attached are two sketches showing the processes relating to
sight areas at a typical intersection. Figure 1 shows a
three lane approach with sidewalks. The second figure (2 )
is a three lane approach without sidewalks. In both cases,
inadequate sight distance can be provided solely within the
right of way. This can be seen at most intersections in the
City.
These two figures represent only a fraction of the possible
typical intersection configurations in the City. These
figures show both roads as 50 foot wide rights of way, 60
foot widths change the results. Also, the crossing road is
only two lanes wide. A three lane street would result in
different sight triangles.
The following approaches to addressing this situation may be
considered.
1) Require sufficient right-of-way dedication such that
the entire minimum sight distance is publicly owned. (Note:
The 25' corner does not satisfy this requirement).
2) Do not require the right-of-way dedications in option
1 ; but, continue to handle sight restrictions through code
enforcement.
3) Require additional corner right-of-way only at major
intersections. These would include all signalized intersec-
tions, those with turn lanes and others as deemed necessary.
4) Central property use such that necessary sight
distances remain clear through the use of deed restrictions.
5) A combination of the above to be applied to both
existing and developing properties.
In addition to the required minimum sight triangles dis-
cussed above, the location of other items should be consid-
ered. These would include landscaping, utility poles,
necessary roadway geometry, signals and sidewalks.
Any option chosen must not only satisfy the sight distance
requirement, but also the necessary location of these other
items in the intersection area.
. ',1 GL:jaf
Attachments
cc: w. Greenwood, Director of Environmental Services
GLSDT
File: Memo to Assistant Director Environmental Services
11~d1ttJ]'0){'t:)]i!
,,~d..ef Count)' Commit;Hioncrs :\.' .~ 'J hC~ . .-~'-
County AOl1'lini5trator
. .
,odrCrl T. ,Mucus, Chair J ~Il \\' illll'r,~
Carole Phillipltl Viet': Cbi\ir
Carol A. Hohcl'ls
Carol J. r,lmCjuisl f)CP"J'llIll'lIl of I.nglnl'crlng
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February 26, 1991 , : ',~ ,.' .r
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Kathleen E. Dearden . ' '
Planner 11 ?\..h\'~ : \" '. h'
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
SUBJECT: PALM BEACH COUNTY'S REQUIREMENTS FOR SAFE CORNERS AT
I~TERSECTING RIGHTS OF WAY
Dear Ms. Dearden:
I am writing to provide the information you requested concorning the County's
policies relating to safe corner requirements at intersecting rights of way.
Palm Beach County Subdivision and Required Improvements Regulations, Section
2003.] ,22 states, IIPt'operty lines at street intersections shan be the long chord
of a twenty-five (25) foot or greater radius... II
The County's Zoning Code, Section 500.35, 13, 88 states, "Where a property abuts
the intersection of two (2) rights of way, a safe sight distance triangle shall
be created. Two (2) sides of the triangle shall extend twenty-five (25) feet
along the abutting right.of.way lines, measured from their point of intersection.
The third side of the triangle shall be a line connecting the ends of the other
two (2) side s . II
The County/s Comprehensive Land Use Plan contains a Traffic Circulation Element,
of which maps and Specials Intersection Drawings are integral parts. These maps
show that all at-grade intersections of Thoroughfare Plan roads are to have
rights of way to accommodate expanded intersections as shown on the Special
Intersect i on Draw; n!:ls. These drawi ngs show sa Fe corners much 1 i ke those deta i1 ed
in the Subdivision and Zoning Codes, but requir~ the long chord of 40' radii.
)h,e se.w.sa fe....comers.:...a re,:.r..uti,U,zed.ll<.forA..s a fa ,..s~i.9h.t,md~iista.~"S.~i,~h,e~,D.s~tjaJJla~td'(in"""o f
tt:a ffJc.;l.S i gna hequ i pment.j.....s,i dewalks.ic.:.and~ other,~r:o,a..d\l/.~y....pu.r.P.o.SJj,sh,
As a policy, to conform wi th the Subdivision and Zoning Codes, and the
Comprehensive Pl an, the County requires the dedication of sa fe cornet'S,
' " appropriately sized, at all intersecting rights-of.way w1thin the unlncorporated
area. Obviously, such dedications can only be required when the owner of the
property in question is seeking a Special Exceptiont Site Plan. or other approval
. , from the County or a municipality which cooperates in obtaining dedication based
on the Thoroughfare Plan.
!
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BOX 1429 Wr:ST PAL.\1 BEACH, HOHIV.\ Jl402-.242~ (407) 684.,/00(1
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I hope this information is useful to you. Pl ease feel free to~'c'ontact'me'."i f you
have any questions.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
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Charles R. Walker, Jr.! P.L
Director - Traffic Division \.,' .
CRW:ASH:emg
File: Municipalities. City of Oelray Beach
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PLANNING AND ZONING DEPARTNENT MEMORANDUM
..---'
TO'C ~I~jE~~:::ER
FRO : ID J. KOVACS, DrR R
-- DEPARTMENT OF PLANNING MW ZONING
DATE: FEBRUAR.Y 26, 1991
SUOJECT: BASIS Fon RIGlIT-OF-WAY DEDICATIONS RE SUNDY HOUSE
A review of the Comprehensive Plan's Traffic Element and th~
Local Development Regulations (LDRs) provides the following with
respect to dedication requirements to be imposed concurrent with
the Sundy House site plan approval.
Policy A-2,2: Commensurate with approval of development plans,
provisions shall be made for dedication of land for the ultimate
planned right-oI-way of adjacent streets. · Such ded i ell tIon shall
also include sufficient right-Of-way for expans.lon of
interB~ction8 pursuant to the Palm l3each County Thoroughfare
Plan,
Comment: This provldes' the basis tor dedication at the time
of site plan approval. The exp(lnded intersections referred
to designations on the Thoroughfare Plan. Subsequently, the
County removed "designations" and instituted a policy that
all intersections of County system roadways are to
accommodate expansion, In addition, there is codified
(County Subdivision Regulations) requirements for chords at
all intersections. In practice, this code requirement is
not applied in all cases, but it is applied wherever there
is a traffic signal. We arc attempting to obtc:~ in a copy of
the code excerpt. The chord varies depending upon the
function of the intersection. On a case-by-case basis, the
size of the chord can be diminished,
Note U1at the above referenced chord is not a IIsigl1t
distancell requirement. A sight distance chord is measured
from ten feet ( 10' ) behind the stop bClr and extends [or
various dlstilnces dependent upon traffic speeds.
Objective ^-4..!... Ultimate right5~of-way shall be provided per the
"
schedule contained in Table T-4. Setback requirements fo,l;' new
construction along streets shown J.n Table '1'-4 shall be measured
from the ultimate property 1.1 ne, t.hus, providing protection of
~hose rights-af-way from " building encroachment. Provisions to
this effect shall be added to Ule Zoning Code within one yedr
after adoption of this Plan.
.'
Commant: 'l'he right-or-way requiroment for Swinton Avenue,
south of S.W. 1st street is shown as 60' .I.n Table T-4.
.
.
-.. , . --
To: David T. Harden, C.i.ty Manager
Re: Basis for Right-of-Way Dedications He Sundy House
February 26, 1991
Page 2
LDR Section 5.3.1{E)(1), Compliance with Thoroughfare Plans:
Dedication of r1ghL-of-wuys shall be consistent with the F 1 orfd-a
Department of TranBportaLlon Highway Plan, the Palm Beach County
Thoroughfare Plan, and the Traffic Element of the City of Delray
Beach Comprehensive Plan.
Commen t. : Thia Code requirement recogn 1 zes 'a 11 applicable
"plans". SInce there ls a L115crepancy, we subscribed to oue
Traffic Element. Note thLlL there was not an objection
formally filed by review agencies (FDOT, Palm Beach County)
regarding Table T-4 standards.
Policy A-7.7; The City shall BeeK to have rlqht-of-WllY
requirements along Swinton Boulevard, between the North City
limits and S,W. 10th Street (less the segment between S.E. 1st
Street and N.E. 1st Street) reduced to sixty feet (60t).
Comment: Thi8 policy acknowledged 'the discrepancy among
plans and states our intent to Beek a reduction on the
Thoroughfare Plan. There was no objection filed regarding
this policy.
CONCLUSIONS;
Based upon the above policy statoments and code requirement, we
could be deemed consistent when requiring only a 60'
right-Of-way. Thus, no additional right-of-way would be taken
along Swinton Boulevard.
It remains appropriate to S88k dedication for the chord; however,
the size of the chord could be reduced (from a standard) to
reflect actual site conditions.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # Ie., - 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.
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PARTIAL RELEASE OF MORTGAGE
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 legally 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 "8" 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 v~e lands
-1-
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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
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Witness
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Witness MORTGAGEE
STATE OF FLORIDA )
)SS:
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this
,\', \ ..' \ "t~,! : , 1\ \ "
day of , 1991 by \ ' ( t , ,
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of Boca Bank, a Florida banking corporation, on behalf of the
corporation.
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Notary Public
My Commission Expires: r- Motar'f Ilubr.c. State of Floride
Wl1 (cm",:"io.\ E9im Oct. 21, 1;~2
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EXHIBIT "A"
PARCEL I
The South 27.25 feet of Lot 15 and the North 21.50 feet of Lot
16, Block 5~, 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.
~
.
RIGHT-Of-WAY DEED
THIS INDENTURE made this / t rf,- day of December ,
19~, between Delray New Wave, a general partnership
as part Y of the first part and the CITY OF DELRA Y 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 ($T:OO') and other valuable considerations paid, receipt
of which is hereby acknowledged, do es hereby grant, remise, release, quit
claim and con vey unto the party orthe second part, its successors and
assigns, all right, title, interest, claim and demand which the part~ of the
first part ha s in and to the following-described land, situate, ymg 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 giving 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
par~ 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 kinO"OI 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 agaInst 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;iff:- of the first part, in law or in equity to the only proper use,
bene It, and behoof of the said p" rty of the second part, its successors and
assigns.
l'llg@ 1 ot 2
,
,
IN WITNESS WHEREOF, said part y of the first part ha s
hereunto set its hand_and seal_ the date first above written.
1i ed, sealed and delivered PART Y! oFf THE FIRST PART
'in he presence of: DEf'R. .. AY'. NEW iWA~E, ai teneral Partnershlc
,( r C 0 ~ Ii \ ':0 ' .
{.CY',.....1"-0-l"-." ,L~~ \ I ~,\ \\,,^ . "..... \.A.- ~L)
~ ~ U M~~han s. ~elner, general partner
/ (L -' (J,; .,( A .LI \i1Jfr-- /
I
(SEAL)
/'
/'
~OF_ /
COUNT~
~
BEFORE ME pe~ appeared and
'''--..... to me well k n and known to me to be the
and'-----' described in and
who executed the foregomg instrume n ac now e ge before me that they
executed the same for the purpos therern"e~.2ressed.
'-----,
WITNESS seal this d-a-}"~ .
19_ - ....._~
Notary Public ..... '-----
My Commission Expires:
STATE OF FLORIDA l
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this
~ day of December, 1990, by Michael S. Weiner, general
partner of Delray New Wave, a qeneral partnership.
~ -Jctj&/1
N TARY PUBLIC .c;;
My Commission Expires:
NOTARY I'ail' 'C. S'1'ATE OF FLORIDA.
M'1 C\.'tI.,~lk'::(J'" ':;'(:-'I:fi::fO;: ~i).,rl. 20. .914.
'ON""~ T."",,, "Q-~~t "'.....,,~.<_ l;:-..;J-:;r,.""'ITI."a.,:
Page 2 of 2
'.I~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARDY, CITY CLERK
,~~ ~~tJ~
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, a~~?1e~,EOf 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
'lit
~
SURVEY NOTES :
...
;;:
1. Reproductions of this sketch are not valid unless sealed
with an embossed surveyor's se~l.
2. No Title Opinions or Abstract to the subject property has
been provided. It is possible that there are Deeds, F.1I~..m,'''t.,
or other Instruments (recorded or unrecorded) which msy sffpet
the subject property. No search of the Public Records hilS
been made by thia office.
3. The Land Description hereon ia based on the Instrument of
Record.
4. No underground foundations 'located.
5. Elevations shown hereon are based on the National Geodetic
Vertical Datum of 1929.
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.
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DESCRIPTION .:",!'''--
"'LO
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, according to the plat thereof, as recorded in Plat Book 1, Page 3 of the
Public Recorda 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 Palm Beach County, Florida, more particularly described as follows:
BEGIN at the southeaat 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
I 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 deacribed property ia 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 Chapt2r
21HH-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutea. There are no above ground encrobc~-
ments other than those ahown hereon, subject to the qualifications noted hereon. ~ JJ." ~ r
G... -v ....
Michael D. Avirom, r. .S. - -----
Florida Registration ~o. 3268
AVIROM-HALL & ASSOCIATES. INC.
L.B. No. 3300
REVISIONS LOT 1<;' 8r 5.27.25' OF LOT 15 BLOCK 59 DATE
- .
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 Lhe 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 a$ 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 44034'12"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.
"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER,,~
SUBJECT: AGENDA ITEM # ~ c.. - MEETING OF MARCH 26, 1991
AGREEMENT BETWEEN THE CITY AND FAIRWAYS OF DELRAY HOMEOWNERS
ASSOCIATION
DATE: March 20, 1991
At your November 13, 1990 meeting the Commission agreed to accept the
roads within the Fairways of Delray subdivision. This item is before
you for execution of a formal agreement which accepts those roadways
and delineates the responsibilities for maintenance. As public
roadways and rights-of-way, the City will be responsible for the
maintenance of the pavement, regulatory traffic signing and marking,
drainage pipes and structures, curbing, and sidewalks. The Homeowners
Association will retain the obligation of maintaining the landscaping
within the median between the entry/exit lying within the platted road
rights-of-way just east of Homewood Boulevard, the landscaping north
and south of the same entry/exit, the special lighting fixtures,
and the grass areas between the curb and sidewalls within the
rights-of-way.
Recommend approval of an agreement between the City and Fairways of
Delray Homeowners Association.
CITY ~TTORNEY'S OFFICE TEL No. 407 278 4755 Mar 22.91 7:23 P.02
.~i',:~.t.'t;"~~:;,~~:' 'I
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CITY AnORNEY'S OFFICE 310 S.E, 1st STREET, SUITE 4. DFLRAY BFACH. nORIDA 33483
407/243.7090 . TELECOI'IER 407/27847 S S
MEMORANDUM
'Date: March 21, 1991
To: David Harden, City Manager
From: David N. Toloes, Assistant City Attorne~
Subject: Agreement Between the Fairways of Delray Homeowners
Association and the city of Delray Beach
Please place this agreement on the consent agenda for the March
26th Commission meeting.
The Fairways of Delray is located on the east side of Homewood
Boulevard, just north of Lawson Boulevard. It is a completed
subdivision whose streets were initially dedicated as private
streets to its Homeowner's Association. The Association now
wishes the streets to become public. Previously, the City
Commission stated its intent to accept the roads within the
subdivision at its meetin9 of November 13, 1991. This agree-
ment between the Homeowner's Association and the City contains
the proper conditions previously approved.
Final action by acceptance of a guit-Claim Deed and adding the
streets to our ma1ntenance system will follow when the documen-
tation is in place. This office recommends approval.
DNT: lib
Attacllment
TEL No. 407 278 4755 ~~r 22.91 7:24 P.O:,
CITY ATTORNEY'S OFFICE
, . .........~
.
bG~EEMENT
THIS AGREEMBNT i. mlldo aDd Clllor.d into tbls _ day of , 199_. by
and borwlleo III, PAIRWAYS OP DBl-RAY HOMeOWNBRS ASSOCIATION, INC., a Plurida
COrpc.'Alioa aol- (or- profit, herehllfler reterred 10 II 'HOMEOWNBRS,' Illd tbe CITY Of DELRA Y
BI!ACH, . Florida municiplI corporalion herelufLcr r"r.rred 10 II 'D81.RA Y BBACH:
WIT N e S S B T H:
WHEREAS, the HOMBOWNBRS <lwn, mail1talD. Hod a<lminl'tcr tile common areal oC the
allbdlvlaloa kPown 1$ PAIRWAYS OF DBLRAY IICCOrdio!! hllhe PIli! lb~rcuf I' recorded in PI.1
Book S4, Plge 161, \If the Public Records oC Palm Buch COUIlI)'. florida. l1ercinaCl\Or reCerred 10 as
lb. 'Plal,' slIth COlnlllon artll' beiDg deCined in the Deelarlllion or Covenanl. IIl1d Restrlclions Cor
PAIRWA YS OP DBLRA Y as recorded in OHiclal aMcord 'Pook ~I Pkll"_. of lbe Public aocord5
oC Palm flneh COUll!)', Floridai Ilnd
WHSRBAS. the HOMBOWNERS baYll by lhe requlsito VClle required by lbo abuye described
PCCIlllUioA of COyeDaolA and RestrlclioD' attlrmatlvcly vuted to dedlclle lb. r'ehts.or.way for lbe
privale atreela.s deplcled 00 lb. Plat to DBLRA Y BEACH lIS puhlic TOlldl IDd rlibls-of -way so that
DBLRA Y BBACN will..sume the obligation for lbe 1II11iotonllnce of tbe ,,~vement, regul&lory udCic
al~olnl and mlrkina. mllnlCD.act uC dralna&t pi"" "nd mUctute~ wilnin the rigbts-of-wl)'. and
malntoolDCIl or lhe curbloK aDd ald.wallu withio "lei rlabti-lIe-WII)': Ind
WHBREAS. PBLRA Y BeACH Is willlal to accepe lucb ci.dicatloD as aboy. described subject
tu 11" HOMSOWNBRS retalaial lhe Ill,hllell.aca oblll,tloDS Cor lbe IlIndscaplDi within th, median
bet WileD lbe entry/exit Iyiaa wlthiu lh. t1latted load rillbl'.oC -WIY just Olst ur Homewood boul.vard,
the llDd&eaplnlltl the Dorth and .outh oC lbe r.ame ellery/oxil, lh, Ip.c1alllablini fixtures wbich oxist
wlthlll the r11lhts'of-wlY, and the sra.. Iro.. betwCl.D ehe curb and Ildtw.lka within the rlSht&,of.
way,
NOW, THBRBPORn, in eonsideralillD of lhe mutual eoveolQU and promi'1l1 h.rein cODtainco
tbe partle. hereby aar.e '16 (ollowa:
1. HOMEOWNBRS ~lIreb)' dedlelllo to OELR.A Y BBACH the rightJ-of. WilY Co.1
roads wilbiD the 'PI.t" as public; rlSbll-Or. way and DI:lLRA Y BEACH hereby accepU such d,dicatioA
lubj.~lto lbe fe.peellyc oblillllliona herclllaCter deacrlbcd.
2. HnMBOWNBRS .ball rel,ID tbe lIbli&atiou for lb. maine,auce of
the obUgallon. for tbo lilDdacaplllg within the median b,twcea tbe entry/exit 11'1118 wilhin lbe platted
rnad r1gbla.Or.way JUIl cuI or Homewund Boulevard, Ibe lanoselplaa to tll, north aDd 10llLh of tbe
SAIIIC cotry/nit, tbo Ipecialllgbting fixtllrel wblcb exllt witbla the diMs-of - wlly,lInd the stau areas
bOlw.ca tbe ollTb and sldoWlllkl wlthla Ih, rlghU-of-wIlY.
3. PULRA Y BBACH bereby acceptl lho obligltlons lor lhe /lIllatenlac. or
,-
CITY ATTORNEY'S OFFICE TEL No, 407 278 4755 Mar 22,91 7:24 P,04
. , .\
A..... .. .......
lhe paVCIIlIlll. regulalor)' Va Hie alsuial! and marklllY, malntenaDcc of drllillllge plpea anu ~lrllct\lr"
wllhlll.lne rlabtl-or.way, llud lllllilllenllnce of the curbing and .Idcwlllks within &lid ri~ht..or.way,
4, HOMEOWNERS uprculy reserve all rJahtl to tho .ubJecI prlll'erti" and the
IIlbJect rlahtl.of-way ill thl....ent of abaadoament by OBLRAY BBACH of the .ubJect rlghl..of.
wa)' IS public rlgllts-oC.Wll)' title to nld dlhla of way lbr.1I revert to HOMEOWNBRS,
WlTN8SS8S: FAIRWA'r'S OF DBLRA'I BEACH
HOMBOWNBRS ASSOCIATION, INC,
U)':
WITNBSSBS: CITY Of OBl.RA Y BEACH
B)':
Ma)'or
A tlclt:
t:ilY Cleric
(S8AL) Approved .. 10 rorlll:'
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City Mall..cr
Cil)' Attorae)'
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERp.;1
SUBJECT: AGENDA ITEM # Y J:> - MEETING OF MARCH 26, 1991
FIRE STATION NO. 1 ACQUISITION
DATE: March 20, 1991
This item is before you to approve the Stipulated Order of Taking on
Parcel No. 4 owned by the Travers. This parcel is in the middle of
the block fronting on Atlantic Avenue. After the Order is entered the
City will have 20 days to deposit, with the Registry of the Court,
$41,200. This amount of money is equal to the appraisal received on
this property.
The Travers by entering into this Order, concur that there is a public
purpose in the takingj however, they have reserved the right to
continue to test the appropriateness of the compensation offer. A
detailed staff report is attached as backup material for this item.
Recommend approval of the Stipulated Order of Taking on Parcel No. 4
owned by the Travers and authorize staff to deposit $41,200 with the
Registry of the Court.
rORNEY'S OFFICE TEL No. 407 278 4755 Mar 21,91 14: 19 P .02 !IK.'
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CITY AnORNEY'S OFFICE 310 S. E. Isl STRl!I!T, SUITI! 4 .. DI::LRA Y BEACH, Fl,OR lPA 334113
407/243-7090. TF.Lf:COPrER 407/2784755
MEMORANDUM
Date: March 19, 1991
To; C1ty commission
trom: Jeffrey S. Kurtz, C1ty Attorney
Subject; Fire Station '1 Acquisition; Stipu of
Takin9 on Parcel #4; Our File #02
This item is being placed on the consent agenda. for your
March 26, 1991 meeting to approve the Stipulated Order between
the City and the Travers who own Parcel #4. 'llhis parcel is in
the middle of the block fronting on Atlantic Avenue. After the
Order is entered the City will have twenty days to deposit with
the Registry of the Court to sum of Forty-one Thousand, Two
Hundred Dollars ($41,200) . This amount of money 1s equal to
the amount of the City's appraisal of the property. At the
time the monies are deposited, title will vest in the city.
The Travers by entering into this Order concur that there i8 4
public purpose 1n the taking and that the City has the
authority to take the parcel; however, they have reserved the
right to continue to test the appropriateness of the
compensation offer. They and the City must reach agreement as
to the price or have an Order entered with respect to the price
prior to the Travers receiving the money from the Registry of
the Court.
Should you have any questions, please do not hesitate to
contact the City Attorn~y's Office.
JSK: jw
,
,,'
TORNEY'S OFFICE TEL No. 407 278 4755 Mar 21,91 14:20 P.03
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~S - MEETING OF MARCH 26, 1991
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD'S RESOLUTION NO. 1-91
DATE: March 20, 1991
At their March 7th meeting the South Central Regional Wastewater
Treatment and Disposal Board (SCRWTDB) adopted Resolution No. 1-91
which requests that the cities of Delray Beach and Boynton Beach pay
to the SCRWTDB $3,000,000 from the Sinking Fund Account held by each
City. The money is to be used to pay for a portion of the current
Odor Abatement Construction Project.
Resolution No. 9-81 established the Sinking Fund for the purpose of
providing sufficient revenues to fund expenditures required for
obtaining and installing equipment, accessories and appurtances which
are necessary to maintain the capacity and performance during the
service life of the treatment works. The SCRWTDB has determined that
the reserves remaining in the Sinking Fund after the expenditure of
the sum contemplated herein, together with future revenues deposited
will be sufficient to meet those future needs.
The monies are to be expended in the following manner:
1. Aeration system including pore diffusers, HC1 gas cleaning
system, aeration basin modifications - $1,500,000.
2 . Blower building including electrical improvements -
$1,000,000.
3. Related sitework and demolition - $500,000.
The SCRWTD Sinking Fund Reserve/Renewal and Replacement Account
balance is currently $2,673,132.
Recommend approval of SCRWTDB's Resolution No. 1-91 and authorize the
payment of $1,500,000 to SCRWTB to be used to pay for a portion of the
odor abatement construction project with funding from the SCRWTD
Sinking Fund Reserve/Renewal and Replacement Account.
~~, ,.:('9/ -~..:;-
RESOLUTION NO.1 - 91
A RESOLUTION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD REQUESTING, PURSUANT TO
RESOLUTION 9-81, THE CITY OF DELRAY BEACH AND THE CITY OF
BOYNTON BEACH TO PAY TO THE SOUTH CENTRAL REGIONAL
W ASTEWA TER TREATMENT AND DISPOSAL BOARD $3,000,000.00 FROM THE
SINKING FUND ACCOUNT HELD BY EACH CITY FOR THE PURPOSE OF
ALLOWING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD TO UTILIZE SAID FUNDS FOR A PAYMENT OF
PORTIONS OF THE CURRENT ODOR ABATEMENT CONSTRUCTION
PROJECT.
WHEREAS, the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD has heretofore created a Sinking Fund pursuant to Resolution 9-81 (the 'Sinking
Fund") for the purpose of providing sufficient revenues to fund expenditures required for obtaining
and installing equipment, accessories, and appurtenances which are necessary to maintain the capacity
and performance during the service life of the treatment works, including the replacement of portions
thereof; and
WHEREAS, pursuant to the said Resolution 9-81 the SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD has paid to the Cities revenues to be held
in separate Sinking Fund accounts by the Cities subject to the requirement that such funds be
delivered to the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL
BOARD upon written demand therefor; and
WHEREAS, the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD has determined that certain portions of its current Odor Abatement Construction
Project, being constituted under Contract with seE Inc. dated Aug. 8' 90 (the "Contract')
are directly related to the purposes for which the said Sinking Fund was established and have
determined that it is appropriate to utilize $3,000,000,00 from the Sinking Fund for the payment of
such directly related expenses; and
WHEREAS, the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD has determined that the replacement and modification of various portions of the
treatment works is necessary to obsolescence; and
WHEREAS, the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD has determined that the replacement and/or modification of portions of the
treatment works are necessary to reduce odors being emanated from the treatment works in order to
allow, pursuant to the regulatory and legal requirements applicable, the continued operation of the
treatment works during its remaining service life; and
WHEREAS, the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD has determined that the reserves remaining in the Sinking Fund after the
expenditure of the sum contemplated herein, together with the future revenues deposited into said
Sinking Fund out of the user fees, will be reasonably adequate to meet the projected expenditures
,I,)
required to maintain the capacity and performance of the treatment works during its remaining
service life.
NOW, THEREFORE, the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD resolves that:
1. The City of Delray Beach and the City of Boynton Beach shall each payout
of the respective separate Sinking Fund accounts held by them pursuant to Board Resolution 9-81 the
sum of $1,500,000,00 each within fifteen (15) days from the delivery of a written notice signed by
the Chairman of the Board to each City.
2, The SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD hereby resolves to utilize said funds obtained from the Cities out of the Sinking
Fund for the payment of the expenditures incurred in the construction and installation of the
following structures and equipment pursuant to the Contract in the following respective percentages:
A, Aeration system including fine pore diffusers,
HCI gas cleaning system, aeration basin
modifications $1,500,000,00
B. Blower building including electrical improvements $1,000,000.00
C. Related sitework and demolition $ 500,000,00
RESOLVED this _ day of March, 1991.
C '-
-:::-.-- -1,--- ' --:-- - ~ ~-.,
Chairman
ATTEST:
Secretary
Approved:
0' )
'J ,//(
I . _ .
.._ ( _,__~ ___ "t-f/...._______
Interim Executive Director
The above Resolution No. 1-91 is hereby ratified'
this _ day of , 1991, by a
//
/
/' ./
./ Mayor
/
1-----' /'
ATTEST:
City Clerk
Approved as t(J form:
City Attorney
.
The above Resolution No, 1-91 is hereby ratified in opeil-"ession by the City of Boynton
Beach this L1?day of 4UA'dH , 1991, by a .s-~vote:
~'c' l ( ( '~,
Mayor
ATTEST:
~Ok~/A~~
, City C erk
/
Approved as to lorm:
I 1';/
,.11
, " /
// City Attorney
L,'
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 'IF - MEETING OF MARCH 26, 1991
RATIFICATION OF CONTRACT BETWEEN THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD AND ENVIRONMENTAL
SCIENCES, CORPORATION
DATE: March 20, 1991
At their January 24th meeting the South Central Regional Wastewater
Treatment and Disposal Board (SCRWTDB) entered into a three ( 3 ) year
contract with Environmental Sciences Corporation for the removal of
sludge from the regional plant. This item is before you for
ratification of that action.
Removal of the sludge material is within the normal operating
procedures of the Plant. Funding is available in the Water and Sewer
Fund Operating Share Wastewater Treatment (Account No.
441-5142-536-33.74).
.__.,.,"._~..,----
~~. ~9/-~
SLUDGE DISPOSAL CONTRACT
THIS SLUDGE DISPOSAL CONTRACT is made and entered into this 24th
day of January 191,"by and between the SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD, hereinafter referred to as "the
BOARD" and Environrrental Sciences Corporation, hereinafter
collectively referred to as "CONTRACTOR."
WITNESSETH:
WHEREAS, the BOARD is the owner of that certain regional wastewater
treatment and disposal facility located at 1801 North Congress Avenue, Delray
Beach, Florida, 33445, such regional wastewater treatment and disposal
facility hereinafter to be referred to as "Plant"; and
WHEREAS, the BOARD's Plant has the capability of producing either
liquid wastewater sludge or dewatered wastewater sludge, which such sludge is
required to be removed from the Plant site and disposed of at locations which
are approved by Federal, State and local regulatory agencies; and
WHEREAS, CONTRACTOR is in the business of and has the capability of
handling, hauling, removing and disposing, or of utilizing the BOARD.s
wastewater sludge, either in the liquid or the dewatered state.
SCRW.FL24
NOW, THEREFORE, in consideration of the mutual convenants and
promises herein contained, the parties hereby agree as follows:
I. Scope of Services: CONTRACTOR agrees to provide all labor.
equipment, and materials required to transport and dispose of all wastewater
sludge produced at the South Central Regional Wastewater Treatment Plant
during the term of this agreement in the manner and pursuant to the terms
hereinafter set forth:
A. CONTRACTOR shall provide all tanker trucks and dump trucks
required to transport all liquid or dewatered wastewater
sludge, as determined by the BOARD, to a sludge disposal or
utilization site provided by the CONTRACTOR. A minimum of
five tractor trailer vehicles shall be dedicated to
transporting the BOARD's sludge for the duration of this
contract.
B. CONTRACTOR shall secure an agreement for the use of
sufficient areas of land for the disposal of all the BOARD's
wastewater sludge. All sites shall be permitted for the
disposal of wastewater sludge as required by Chapter 17-640
of the Florida Administrative Code (FAC 17-640). A minimum
SCRW.FL24
of four (4) independent and separate sites shall be dedicated
to receive the BOARD's sludge. CONTRACTOR shall demonstrate
site capacity based on heavy metal application rates to
receive the BOARD's sludge for a minimum of ten (10) years.
C. CONTRACTOR shall provide a copy of the Site Use Plan for each
disposal site proposed, for inclusion in the BOARD's
operating permit. The Site Use Plan shall be as described in
FAC 17-640. CONTRACTOR shall submit to the BOARD copies of
all Site Use Plan Modifications and Annual Updates as
described by FAC 17-640.
D. The BOARD shall be responsible for loading wastewater
sludge into CONTRACTOR's trucks at the South Central Regional
Wastewater Treatment Plant site.
E. The BOARD designates the Plant Superintendent as being the
representative of the BOARD in all matters regarding sludge
treatment and in coordinating sludge disposal with the
CONTRACTOR. All sludge removed from the premises ,by the,
CONTRACTOR shall be checked by the plant superintendent or
his designees, who will collect and maintain trip tickets for
each load of sludge removed from the plant by the CONTRACTOR.
SCRW.FL24
F. Trip tickets on a form acceptable to the BOARD and the
Florida Department of Environmental Regulation (FDER) shall
establish a chain of custody from the BOARD, through the
CONTRACTOR, to the disposal site. A representative of the
owner of the disposal site shall sign the trip ticket
acknowledging receipt of each truckload of sludge. A copy of
the completed trip ticket will be returned to the BOARD
following delivery of each load of sludge at the disposal
site.
G. CONTRACTOR agrees to abide by the hauling schedule
. \
established by the Plant Superintendent, and to remove sludge
on a 365 day per year basis as directed by the Plant
Superintendent. The CONTRACTOR agrees to respond to the
BOARD's direction and request within twenty-four (24) hours
in order to avoid nuisance odor conditions which may result
from sludge being retained at the plant site longer than
necessary .
H. The CONTRACTOR agrees to obtain and maintain in good
standing, all necessary local, regional, State, and Federal
permits and licenses required to transport and dispose of
wastewater sludge.
SCRW.FL24
1. CONTRACTOR agrees to bear all responsibility for the proper
disposal of wastewater sludge that has been treated as
required by FAC 17-640. The CONTRACTOR further agrees that
he is aware of and will comply with all requirements for
proper disposal as described in the BOARD's operating pennit.
J. The BOARD's plant is currently regulated by Federal, State
and local agencies and regulatory bodies. The CONTRACTOR
agrees to abide by any pronouncements, order, regulation,
pennit, license, restriction, injunction, moratorium, or
denial of permission to operate the plant imposed or issued
by any of said agencies or bodies or by any court of
competent jurisdiction.
K. The BOARD accepts responsibility for providing the CONTRACTOR
with sludge meeting Class B or C stabilization criteria as
defined in FAC 17-640. Sludge provided by the BOARD shall
meet the chemical criteria for land application as outlined
in FAC 17-640.700(C).
L. CONTRACTOR agrees to dispose of any sludge which does not
meet the criteria for land application as outlined in FAC
17-640, in a State Pennitted landfill in accordance with FAC
SCRW.FL24
J 7-7. Sludge to be disposed of in a landfill shall be
dewatered to a minimum solids concentration of 12 percent by
weight.
M. CONTRACTOR agrees to transport and dispose of sludge on a
schedule as directed by the BOARD to assure that the plant
effluent quality is not degraded, and odors due to prolonged
storage do not occur.
N. CONTRACTOR and the BOARD agree that sludge production at the
BOARD's plant will vary annually, seasonally, and monthly.
Therefore, the values given below for anticipated sludge
production are to serve only as a summary of past years'
experience with respect to potential sludge production during
the contract period. The potential for sludge production
during the period of this agreement is 25 million gallons at
a concentration of 3-10 percent dry solids by weight.
Dewatered sludge shall range from 12 to 20 percent dry solids
by weight.
0 The decision to produce liquid sludge or dewatered sludge
cake shall be at the sole discretion of the BOARD with the
following exception:
SCRW.FL24
._<>.-....~~---
-- ~_..._--_._."
- During those times when the CONTRACTOR is prohibited
from disposing of liquid sludge at all of his
permitted disposal sites, the CONTRACTOR may require
the BOARD to produce dewatered sludge cake after
24-hours advance written notice.
P. The following records shall be provided to the Board in a
form approved by the Florida Department of Environmental
Regulation (FDER) and in accordance with FAC 17-640.700(4)(p).
l. Date of sludge application or disposal.
, \
2. Location of sludge application or disposal.
3. Amount of sludge applied or disposed.
4. Identification of the specific area on the disposal site
where the load of sludge was applied.
5. Method of sludge incorporation into the soil.
6. Water table elevation at the time of application.
7. Sludge analysis results from the most recent quarterly
sludge analysis, including percent solids, nitrogen
intent, and heavy metals concentration.
Q. CONTRACTOR shall provide annual calibration and certification
of allowable sludge loads for each vehicle used to transport
the BOARD'S sludge. The CONTRACTOR shall provide a
SCRW.FL24 ,
permanently mounted level indicator showing the maximum
allowable sludge level inside the tanker/trailer. This
indicator is to be visible during loading operations and will
serve to verify sludge loads disposed of by the CONTRACTOR.
2. TERM. The term of this Agreement shall be for a period of three
(3) years, commencing on the ~ day of January 19 91, and terminating
on the ~ day ofJanuarll9 94. Notwithstanding the provisions
hereinabove set forth, this Contract shall terminate upon the occurrence of
any of the following events:
A. The insolvency of CONTRACTOR, filing of bankruptcy by
CONTRACTOR or the filing of reorganization under the
Bankruptcy Code by CONTRACTOR.
B. A material breach of any of the terms and conditions as
provided for herein by CONTRACTOR.
Notwithstanding the term of this Agreement as hereinabove
provided, the BOARD is hereby granted the right to terminate this Agreement at
any time without cause upon ten (10) days advance written notice to CONTRACTOR.
3. COMPENSATION. In consideration of CONTRACTOR furnishing the
services hereinabove provided to the BOARD, the BOARD shall pay to CONTRACTOR
a fee for their services according to the following schedule:
SCRW.FL24
A. Twenty Ei ght Dollars ($ 28. C)Oper thousand
gallons of liquid sludge (contemplated to be of a thickness
of approximately four percent (4%) solids) removed from the
BOARD's Plant. During such time as the Department of
Environmental Regulation shall close all of the CONTRACTOR's
sites for the disposal or utilization of liquid sludge, the
parties recognize that CONTRACTOR will not be able to haul
and dispose of such sludge unless the BOARD produces a
dewatered sludgecake for hauling, disposal and/or utilization
by CONTRACTOR to one of CONTRACTOR's sites. In such event,
the BOARD shall pay to CONTRACTOR such sums as are required
pursuant to sub-paragraph B below with respect to all such of
the BOARD's dewatered sludgecake hauled, disposed of and/or
utilized by CONTRACTOR.
B. The BOARD shall be entitled, upon 24 hours notice. at any
time to elect to produce a dewatered sludgecake and require
CONTRACTOR to haul, dispose and/or utilize such sludge at one
of CONTRACTOR's sites or properly permitted landfills. In
the event the BOARD produces such dewatered sludgecake.
CONTRACTOR agrees to haul the same to one of his approved
sites or properly permitted landfiJIs and dispose and/or
utilize same for a price of Nine and 50f2><?Jlars
($~O per cubic yard of such sludgecake. The CONTRACTOR
SCRW.FL24
shall pay any tipping andlor disposal charges incurred by it
with respect to the disposal andlor utilization of such
dewatered sludgecake.
CONTRACTOR shall bill the BOARD for such services on a monthly basis
in arrears and shall provide to the BOARD such backup data and evidence
verifying such invoice as the BOARD may reasonably require. Payment shall be
made to CONTRACTOR within thirty (30) days from receipt of such billing
invoice by the BOARD.
4. INSURANCE. CONTRACTOR agrees, at all times during the term of
this Contract, to maintain Florida Worker's Compensation for its employees and
to carry comprehensive business liability and automobile liability insurance
with limits of not less than $1 million for property damage and $1 million for
bodily injury and personal injury each occurrence. Additionally, the business
liability policy shall contain provisions for contractual and product
liability coverage.
Both the business and automobile liability policies shall name
the Board as Additional Named Insureds. Insurance carrier(s) shall be rated
at least B + : Class X by the latest Key Best Rating Guide.
5. INDEMNIFICATION AND HOLD HARMLESS. CONTRACTOR
agrees to indemnify, save and hold the BOARD harmless from any and all losses,
SCRW.FL24
damages, claims, fines, penalties or expenses of any other nature, including
legal defense and investigative costs arising out of CONTRACTOR.s petfonnance
\
of its obligations pursuant to the terms of this Agreement.
6. NOTIFICATION OF VIOLATION. CONTRACTOR agrees to provide
to the BOARD written notice of any and all written violations or citations
filed or issued against CONTRACTOR with respect to CONTRACTOR's disposal or
methods, where the BOARD's sludge is involved, within 24 hours of CONTRACTOR
receiving notice of same. CONTRACTOR further 3;grees to not enter into any
consent order or final determinations or settlements with any regulatory or
governmental body without first providing the BOARD ten (10) days advance
written notice of such action.
SCRW. FL24
.
IN WITNESS WHEREOF, the parties hereto have executed this Sludge
Disposal Contract the day and year first above written.
SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND
~~~~~ DISPOSAL BOARD
-By. ~ ~- #'~ ~--=-.
~ --
Chairman
~~<> ~~~~~~~ DAVID E. RANDOLPH
Contractor
By:
Title
The above Agreement is hereby ratified in open session by the City of Delray
Beach this _ day of , 19 _,bya vote.
Mayor
ATTEST: THOMAS E. LYNCH
City Clerk
Approved as to form:
City Attorney
JEFF KURTZ
The above Agreement is hereby ratified in open session by t City of Boynton
Beach this Lt: day of /J/Mt!/f, 19U, by a ..ff-cJ vot~ ,\,'
:?/Z/'?/~~-
/ Mayor
ATTEST: / GENE MOORE
/
~~",..J /
t,/
ity Clerk
SCRW.FL24
-~--.._.,,--
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 10
SUBJECT: AGENDA ITEM # 8H - MEETING OF MARCH 26, 1991
WAIVER OF INSURANCE REQUIREMENTS AND EXECUTION OF CONTRACT
DATE: March 20, 1991
This item is before you to waive the professional liability insurance
requirements and authorize the execution of a contract with Leslie
Divoll, Inc. for consultant services on the Banker's Row Project.
This action is consistent with previous Commission actions. The
consultant will provide Comprehensive General Liability Insurance and
personal automobile insurance.
Recommend approval of request for waiver of professional liability
insurance and authorize the execution of a contract with Leslie
Divoll, Inc. for consultant services on the Banker's Row Project.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
Dw-ul J fq.JacJ Iv!"
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 26, 1991
GRANT OF AWARD FOR BANKER'S ROW PROJECT CONSULTANT
CONTRACT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a contract for architectural consultant services
in association with the Banker's Row Preservation and
Restoration Project.
BACKGROUND:
At the City Commission meeting of February 26, 1991 the
Commission authorized the negotiation and award of a contract
with Leslie Divoll, Inc. for consultant services for the Banker's
Row Project.
The contract amount is $24,000. This will be reimbursed by the
State Division of Historical Resources upon confirmation of
matching expendi ture by the City. This match will be primarily
in the form of in-kind services from the Planning Department's
existing budget.
Attached is a copy of the approved contract. Also attached is
correspondence from the City Attorney's office regarding
requirements for professional liability and business automobile
insurance. It is necessary that the City Commission, by specific
action, waive these two insurance requirements. The consultant
will provide Comprehensive General Liability Insurance and
personal automobile insurance.
RECOMMENDED ACTION:
In separate actions:
First, by motion, grant a waiver regarding provision of
professional liability insurance and business automobile
insurance.
City Commission Documentation
Grant of Award for Banker's Row Project Consultant Contract
Page 2
Second, by motion, award the contract for professional services
to prepare a Banker's Row Preservation and Restoration Study to
Leslie Divoll, Inc. with funding from 001-2511-515-34-78.
Attachments:
* Memorandum from the City Attorney's office
* Proposed contract and Attachment
,"
[IT' DF DELAA' BEA[H
CITY ATTORNEY'S OFFICE 310 S.l', 1 st STREET, SUITE 4 . DFLRA Y BEACH, HORIDA 33483
407/243-7090 . TELECOPIER 407/2784755
MEMORANDUM
Date: March 21, 1991
To: David Kovacs, Director of Planning and Zoning
From: David N. Tolces, Assistant City Attorney
Subject: Banker's Row Project Request from Leslie Divoll for a
Waiver of Professional Liability Insurance
Leslie Divoll has requested a waiver of professional liability
insurance in the preparation of the design guidelines for the
Banker's Row Presentation and Restoration Study.
The decision to waive professional liability insurance rests
with the City Commission. In the past, previous City
Commissions have waived professional liability insurance for
some matters that concerned aesthetics only and did not
represent a definite liability for the City.
She has further requested a reduction in required auto
insurance. Our office is not overly concerned about the need
for professional liability insurance in this particular case.
However, please place this matter before the City Commission
for their ultimate approval of the requested waiver.
Thank you for your consideration of this matter.
~
DNT:ci
CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this day of
March, 1991, by and between the City of Delray Beach City
Commission, hereinafter referred to as the CLIENT, and
Leslie Divoll, Inc. Architect & Design, hereinafter referred to
as the CONSULTANT
WITNESSETH:
WHEREAS, the CLIENT has requested professional services to
prepare Banker's Row Preservation and Restoration Study; and
WHEREAS, the CONSULTANT has submitted a proposal to prepare
the Banker's Row Preservation and Restoration Study; and
WHEREAS, the CLIENT desires to engage the CONSULTANT to
perform the services requested in accordance with this Agreement;
and
WHEREAS, the CONSULTANT desires to provide such professional
services in accordance with this Agreement;
NOW, THEREFORE, in consideration of the mutual benefits
which will accrue to the parties hereto in carrying out the terms
of this Agreement, it is mutually understood and agreed as
follows:
I. GENERAL SCOPE OF THIS AGREEMENT
The relationship of the CONSULTANT to the CLIENT will be that of
a professional planning consultant, and the CONSULTANT will
provide the professional and technical services required under
this Agreement in accordance with acceptable planning practices
and ethical standards.
II. PROFESSIONAL SERVICES
A. Objective. The CONSULTANT shall be responsible for
working with the CLIENT in preparing the Banker's Row
Preservation and Restoration Study pursuant to the terms of this
Agreement.
B. Work Program. The CONSULTANT shall provide the Basic
Services described in Attachment "A", subject to inclusion of
Additional Services which may be provided as stipulated in
Section IV of this Agreement.
C. Deliverable Work Products. The CONSULTANT shall
provide the work products as set forth in Section 2 of Attachment
"A".
D. Completeness and Accuracy of Work. The CONSULTANT shall
be responsible for the completeness and accuracy of its work,
plans, supporting data, and other documents prepared or compiled
as its obligation under this agreement, and shall correct at its
expense all significant errors or omissions therein which may be
disclosed. The cost of the work necessary to correct those
errors shall be attributable to the CONSULTANT, and any damage
incurred by the CLIENT as a result of additional costs caused by
such errors, shall be chargeable to the CONSULTANT. The fact
that the CLIENT has accepted or approved the CONSULTANTS work
shall in no way relieve the CONSULTANT of any of its
responsibili ties. This provision shall not apply to any maps,
official records, contracts or other data that may be provided by
the CLIENT or other agencies which one would reasonably expect to
be accurate and which the CONSULTANT could not reasonably be
expected to know to be inaccurate.
E. OWnership of Documents. All documents including, but
not limited to, tracings, drawings, illustrations, estimates,
field notes, investigations, design analysis, studies and other
data or documents which are obtained or prepared in the
performance of this agreement are to be and will remain the
property of the CLIENT and are to be delivered to the CLIENT
before the final payment is made to the CONSULTANT. The
CONSULTANT may retain originals or prepare copies of any of these
documents for the CLIENT, provided the copies are produced at the
CONSULTANTS own expense. CLIENT agrees to provide an acknowledg-
ment identifying the CONSULTANT in the event that CLIENT releases
any document for publication.
III. COMPENSATION
A. The CLIENT agrees to pay the CONSULTANT a firm fee of
Twenty Four Thousand Dollars ($24,000) as compensation for
professional services provided pursuant to this contract and as
elaborated in Attachment "A" attached hereto including related
direct expenses.
B. The CLIENT agrees to compensate the CONSULTANT for
services pursuant to the payment schedule defined below, which
includes a ten percent (10%) retainage pending adoption of the
final document by the city Commission.
C. The CONSULTANT shall be compensated based upon the
following schedule:
25% upon execution of this contract,
65% upon delivery of products as specified in
Attachment "A", Section 2,
2
10% upon acceptance of the final report by the City
Commission.
In consideration of the performance of these services, the
CLIENT, upon the review and approval of such docwnents and
invoices shall make payment to the CONSULTANT within thirty (30)
days of receipt of the deliverable products and invoice.
D. The CLIENT shall make final payment of the 10% to the
CONSULTANT, within thirty (30) days after all work has been
completed. Completion shall be deemed as acceptance of the final
product by the City commission.
IV. ADDITIONAL SERVICES
A. Notwithstanding that specific Basic Services are
enwnerated in SECTION II of this Agreement, the CONSULTANT will,
upon written request or written confirmation of a verbal request
by the CLIENT, provide any and all other planning and consulting
services so requested by the CLIENT, provided, however, that such
Additional Services shall result in extra compensation to the
CONSULTANT as provided in Attachment "A". It is understood and
agreed that if such additional services are requested, the
Agreement shall be considered as a nonexclusive, continuing
contract with respect thereto. The CONSULTANT understands that
in the event any additional services are provided without the
approval of the CLIENT, the CLIENT shall not be under any
obligation to reimburse the CONSULTANT for such services.
V. CLIENT'S RESPONSIBILITIES
A. Supplemental Agreements. The CLIENT shall provide full
information regarding CLIENT requirements for all work under
Supplemental Agreements thereto.
B. Review of Docwnents. The CLIENT or its designated
representative(s) shall examine docwnents submitted by the
CONSULTANT and shall render written decisions pertaining thereto
within a reasonable time to avoid delay in the process of the
CONSULTANT'S work.
C. Provide Required Information. The CLIENT shall make
available at no charge all previous and current information
relative to the work to be performed under this Agreement,
provided, however, that the CLIENT'S responsibility is limited to
such data and docwnentation within the possession of the CLIENT
or reasonably accessible to the CLIENT.
D. The client shall comply with requirements as specified
in the Grant Agreement and Attachment "A". All existing artwork
requested by the CLIENT for its use must be authorized by the
copyright holder for such use, with all royalties paid by the
City. If unable to provide such copies or materials, the City
3
shall compensate the Consultant for the time and direct expense
value of his added effort to perform such data acquisition
activities.
D. Coordinate Meetings. The CLIENT shall arrange and
coordinate meetings with City Staff, and the Historic
Preservation Board as required for the performance of the
CONSULTANT.
E. Liaison and Coordination. The CLIENT shall provide
introductions and requests for cooperation from the City,
adjacent Cities, Counties, State, Federal, and other governmental
agencies, and private persons and groups where such cooperation
is necessary for the performance of the CONSULTANT.
F. Payment of Invoices. The CLIENT shall assure payment
of all invoices submitted in accordance within thirty (30) days
after receipt and acceptance of an invoice.
VI . LATE PAYMENT
If the CLIENT fails to make any payment due to the
CONSULTANT for services and expenses within forty-five (45) days
after receipt of an invoice the CONSULTANT may, after giving
seven (7) days written notice to the CLIENT, suspend services
under this Agreement without incurring liability due to
suspension until he has been paid in full all amounts due for
services and expenses. Provided, however, that in the event the
invoices are contested by the CLIENT for any reason, the CLIENT
shall be under no obligation to pay the disputed portion of such
invoice until such disputed items are resolved or shown to be
accurate. However, in the event of a contested invoice, the
CLIENT shall notify the CONSULTANT within ten (10) working days.
VII. ACCOUNTING RECORDS
Records of the CONSULTANT pertaining to the services
provided hereunder shall be kept on a basis of generally accepted
accounting principles and shall be available to the CLIENT or
authorized representative(s) for observation or audit at mutually
agreeable times.
VIII. DISCLAIMER OF LIABILITY
Without limiting any of the other obligations or liabilities
of the CONSULTANT, the CONSULTANT shall, at his own expense,
provide and maintain in force until all of its services to be
performed under this Agreement have been completed and accepted
by the CITY (or for such duration as is otherwise specified
hereinafter), the following insurance coverages:
4
1. Worker's Compensation insurance to apply to all of
CONSULTANT'S employees in compliance with the "Workers
compensation Law" of the State of Florida and all
applicable Federal laws. In addition, the policy(ies)
must include:
a. Notice of Cancellation and/or Restriction - The
policy(ies) must be endorsed to provide the CITY
with thirty (30) days notice of cancellation
and/or restriction.
2. Comprehensive General Liability with minimum limits of
one million ($1,000,000.00) dollars per occurrence
combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded
on a form no more restrictive than the latest edition
of the Comprehensive General Liability policy, without
restrictive endorsements other than ISQ Endorsement GL
21 06 (Engineers, Architects, or Surveyors Professional
Liability Exclusion) , as filed by the Insurance
Services Office and must include:
a. Premises and/or Operations
b. Independent Contractors
c. Products and Completed Operations - Consultant
shall maintain in force until at least three ( 3 )
years after completion of all services required
under this Agreement, coverage for products and
completed operations including Broad Form Property
Damage.
d. Explosion, Collapse and Underground Coverage.
e. Broad Form Property Damage.
f. Broad Form Contractual Coverage applicable to this
Agreement.
g. Personal Injury Coverage with minimum limits of
coverage equal to those required for Bodily Injury
Liability.
h. The CONSULTANT'S insurance, including that
applicable to the CITY as an Additional Insured,
shall apply on a primaz:y basis and any other
insurance maintained by the CITY shall be in
excess of and shall not contribute with the
CONSULTANT'S insurance.
i. Notice of Cancellation and/or Restriction The
policy(ies) must be endorsed to provide the CITY
with thirty (30) days notice of cancellation
and/or restriction.
3. Automobile Liability with minimum limits of Three
Hundred Thousand ($300,000.00) dollars per occurrence
combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded
on a form no more restrictive than the latest edition
of the Business Automobile Liability policy, without
5
""1
restrictive endorsements, as filed by the Insurance
Services Office and must include:
a. OWned Vehicles
b. Hired and Non-OWned Vehicles
c. Employers' Non-OWnership
d. Notice of Cancellation and/or Restriction - The
policy(ies) must be endorsed to provide the CITY
with thirty (30) days notice of cancellation
and/or restriction.
4. Prior to execution of this contract, the CONSULTANT
shall provide to the CLIENT Certificates of Insurance
evidencing the insurance coverage specified in the
foregoing Paragraphs. The required Certificates of
Insurance shall not only name the types of policies
provided, but also shall refer specifically to this
Agreement and Section and to the above Paragraphs in
accordance with which insurance is being furnished, and
shall state that such insurance is as required by such
Paragraphs of this Agreement. If the initial insurance
policies required by this Agreement expire prior to the
completion of the services, renewal Certificates of
Insurance or policies shall be furnished thirty (30)
days prior to the date of their expiration.
The CONSULTANT shall hold harmless the CLIENT for any liability
incurred by the CONSULTANT or its employees. The CONSULTANT
agrees to defend, indemnify and hold harmless the CLIENT and its
officers, agents and employees from and against any and all
suits, claims, actions, legal proceedings, demands or liabilities
(and any and all costs and expenses, liabilities including
attorneys' fees associated therewith) made against the CLIENT,
which may arise directly or indirectly, from the CONSULTANT'S
negligent acts, errors or omissions during performance under this
Agreement. For purposes of this Agreement, the CONSULTANT shall
be considered an independent contractor.
The OWNER agrees to pay to the CONSULTANT the sum of Ten Dollars
($10.00) and other good and valuable consideration as specified
consideration for the above-stated indemnification in accordance
with the provisions of F.S.A. Section 725.06. Furthermore, the
CONSULTANT acknowledges that the bid price includes said
consideration for the indemnification provision.
IX. TERMINATION
Either the CLIENT or CONSULTANT may terminate this Agreement,
with or without cause, upon thirty (30} days written notice. At
such time as the CONSULTANT receives notification of the intent
of the CLIENT to terminate the contract, the CONSULTANT shall not
perform any further services. In the event of termination by the
CONSULTANT without cause, the CONSULTANT will forfeit payments
due for all incomplete Phases. Otherwise the CONSULTANT shall be
6
"'I
paid for all services rendered to the date of termination and all
reimbursable expenses incurred to the date of termination. All
de Ii ver able products, data and mater ials generated to date of
termination shall become the property of the CLIENT and will be
transmitted to same in a swift and timely manner.
X. SUCCESSORS AND ASSIGNS
The CLIENT and the CONSULTANT each bind themselves, partners,
successors, assigns and legal representatives to the other party
of this Agreement and to the partners, successors, assigns, and
legal representatives of such other party, with respect to all
Covenants of this Agreement. Neither the CLIENT nor the
CONSULTANT shall assign, sublet or transfer any interest in this
Agreement without the written consent of the other. All work
done by the CONSULTANT, or any assignee, shall be done by, or
under the CONSULTANT'S direct supervision.
XI. NON-DISCRIMINATION
In the carrying out of this Agreement, the CONSULTANT will not
discriminate against any employee or applicant for employment
because of sex, race, creed, color or national origin. The
CONSULTANT will take affirmative action to ensure that applicants
are employed accordingly, and that employees are treated during
employment without regard to their sex, race, creed, color or
national origin. Such action shall include, but not be limited
to, the following: upgrading, demotion or transfer, recruitment
or recruitment advertising, layoff or termination, rates of pay
or other forms of compensation, and selection for training,
including apprenticeship. The CONSULTANT agrees to post in
conspicuous places, available to employees and applicants for
employment, such notices as may be provided by the City setting
forth the provisions of this non-discrimination clause.
XI I. EXTENT OF AGREEMENT
This Agreement, Attacrunent nAn and related Supplemental
Agreements, as provided in Section IV of this Agreement,
represent the entire and integrated Agreement between the CLIENT
and the CONSULTANT and supersede all prior negotiations,
representations or agreements, either written or oral as relates
to this Project. This Agreement may be amended only by written
instrument signed by the CLIENT and the CONSULTANT.
XIII. APPLICABLE LAW
This Agreement shall be governed by the Laws of the State of
Florida.
7
XIV. ADDITIONAL PROVISIONS
A. Legal Services. The CONSULTANT shall be bound by legal
opinions offered by the City Attorney relating to the Scope of
Services.
B. Project Manager. The Director of Planning and Zoning
or his designated representative(s) shall be Project Manager and
shall be authorized to act as directed on behalf of the CLIENT.
C. Conflict of Interest. The CONSULTANT agrees to notify
the CLIENT of any private consulting work presently under
contract or agreement wi thin the City of Delray Beach planning
area prior to commencement of any work under this Agreement and
shall not enter into any contracts or agreements, submit
proposals for professional services, or perform any work or
services whatsoever that would raise a conflict of interest in
relation to the CONSULTANT'S services pursuant to this Agreement.
The City Manager shall have final decision making authority as to
whether a conflict of interest exists, and any decision by the
City Manager shall be binding on the CONSULTANT.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year first above written.
STATE OF FLORIDA
COUNTY OF PALM BEACH
Signed, sealed and delivered in CITY COUNCIL
the presence of: CITY OF DELRAY BEACH, FLORIDA
Attest: By:
Alison MacGregor-Harty Thomas E. Lynch,
City Clerk Mayor
Approved as to form
and correctness:
City Attorney
Witness
Sworn to and subscribed before
me this _ day of ,
1991.
8
STATE OF FLORIDA
COUNTY OF
Signed, sealed and delivered in CONSULTANT
the presence of: Leslie DivalI, Inc.
Architecture & Design
By:
Witness Leslie DivalI, President
Witness
Sworn to and subscribed before
me this _ day of ,
19 .
-
Notary Public My Commission Expires
State of Florida at Large
9
,,'
BANKERS' ROW PRESERVATION AND RESTORATION STUDY
ATTACHMENT "A"
1. TASKS
1.1 Detailed historic survey of the block and the sixteen (16)
historic structures and written report. Report shall contain a
brief history of the structures and a description of their
architectural significance, and brief descriptions of period
streetscape design.
1.2 Schematic facade design recommendations for sixteen (16)
historic structures. Block drawings (photographs acceptable)
with details and descriptive text will illustrate recommended
building facade treatments meeting the requirements of the
Secretary of the Interior's Standards and suitable for moderate
construction budgets.
1.3 Schematic design recommendations for a streetscape to
include redesign of the street to de-emphasize vehicular
encroachment; provide for appropriate landscape along the
street (public property) and front yard areas (private
property) . Landscape schematic design with descriptive text
will include planting, fencing, sidewalk, curbs, and street
lights meeting the requirements of the Secretary of the
Interior's Standards and suitable for moderate construction
budgets.
1.4 Consultation for a "functional neighborhood plan" to
include participation in neighborhood meetings as specified:
1.4.1 Neighborhood workshop: property owners.
1.4.2 Neighborhood workshop: draft concepts
illustration
1.4.3 Neighborhood workshop: draft concepts
refinements
1.4.4 Neighborhood workshop: final schematic design
illustration
1.5 Recommendations for the use of the vacant property at the
southwest corner of study area.
1.6 Final Schematic Design and Final Report presentation to
Planning and Zoning Board.
2. WORK PRODUCTS.
2.1 Historic survey report.
2.1.1 Draft
-1-
.0,1
2.1.2 Final
2.2 Schematic design facade recommendations drawings.
2.2.1 Draft
2.2.2 Final
2.3 Schematic design streetscape recommendations
drawings.
2.3.1 Draft
2.3.2 Final
2.4 Participation in neighborhood meetings.
2.4.1 Neighborhood workshop: property owners.
2.4.2 Neighborhood workshop: draft concepts illustration
2.4.3 Neighborhood workshop: draft concepts refinements
2.4.4 Neighborhood workshop: final schematic design
illustration
2.5 Vacant property recommendations
2.5.1 Draft
2.5.2 Final
2.6 Presentation to Planning and Zoning Board.
:3 . COMPENSATION SCHEDULE
25% upon execution of this contract $ 6,000
65% upon completion or delivery of
specified tasks or products, as follows: 15,600
2.1.1, Draft $1,850
2.1.2, Final 1,850
2.2.1, Draft 1,850
2.2.2, Final 1,850
2.3.1, Draft 1,450
2.3.2, Final 1,450
2.4.1, Workshop 1,000
2.4.2, Workshop 1,000
2.4.3, Workshop 1,000
2.4.4, Workshop 1,000
2.5.1, Draft 400
2.5.2, Final 400
2.6, Presentation 500
10% upon adoption/acceptance of final
product by City Commission 2,400
Total Compensation $24,000
-2-
";1
4. ADDITIONAL SERVICES
The following hourly rates shall apply until September 15, 1991
for additional services that may be requested by the CLIENT:
Firm principals: $90.00 / hour
Registered Architect, Leslie Divoll
Registered Landscape Architect, Grant Thornbrough
Historian, Emily Dieterich
Professional staff: $75.00 / hour
Registered Architects
Registered Landscape Architects
Historians
Drafting staff: $45.00 / hour
Clerical staff: $25.00 / hour
Engineering consultants: cost x 1.25
Direct project expenses: cost x 1. 25
Renderings
Models
Photography
Pre-authorized travel outside Palm Beach County:
$.20/mile or cost x 1.25
5. PROJECT DURATION AND SCHEDULE
Anticipated start date 3/26/91
Anticipated final product delivery date
and presentation of final report to
Planning and Zoning 8/19/91
Anticipated acceptance of final report
by City Commission 9/24/91
In no event shall the final product be delivered to the CLIENT
any later than August 19, 1991 unless the final product
delivery date is rescheduled by the CLIENT and CONSULTANT. If
the final product is not delivered on time, final payment may
be withheld by the CLIENT until final acceptance from the City
Commission and reimbursement of grant expenses by the State.
6. ADDITIONAL CLIENT RESPONSIBILITIES
In addition to the provisions of Section V, "Clientts Responsi-
bilitiesU of this Contract, the CLIENT shall provide the
following:
-3-
.
6.1 Standard data and inventory of the project area,
including utilities, land use, structure conditions,
demographics, property values, and associated
changes.
6.2 Scaled, reproducible survey map prepared to show all
existing improvements and inventory conditions.
6.3 Coordination of community meetings and interdepart-
mental and interagency coordination.
6.4 Supplies and space for public meetings.
6.5 Photographic supplies and processing.
6.6 Photocopies and blueprint reproduction.
6.7 Offset printing.
7. GENERAL REQUIREMENTS
All work performed and products prepared and supplied by the
CLIENT and the CONSULTANT shall be in compliance with the
following:
7.1 United States Secretary of the Interior Standards for
Historic Preservation, and
7.2 Historic Preservation Grant Award Agreement with the
City of Delray Beach and Attachments thereto.
7.3 Title VI and Section 504 Guidelines for the Historic
Preservation Fund Program.
7.4 Equal Opportunity requirements of the City of Delray
Beach and the State of Florida.
-4-
-1'1
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER .~~
\. '
SUBJECT: AGENDA ITEM # ~I - MEETING OF MARCH 26, 1991
AUTHORIZATION TO SUBMIT GRANT APPLICATIONS
DATE: March 20, 1991
This item is before you for approval to submit four grant applications
to the Florida Department of Health and Rehabilitative Services for
funding, in a total amount of $66,013, for fiscal year 1991/92 to
purchase one emergency rescue vehicle; six cellular telephones and
seven portable fax machines; seven headset communication devices;
and, a house safety simulator trailer.
Purchase of a new emergency vehicle will reduce the response time from
approximately 13 minutes to under six minutes in the southwest portion
of the City; purchase of the cellular phones will provide the ability
to communicate directly with the person requesting emergency
assistance while in-route to the site; purchase of the headsets will
reduce unwanted background noise; and, purchase of the simulator
trailer will provide a replication to be used to provide training in
the prevention of household injuries.
This is a matching grant program. The City's share of matching funds
will be requested in the Fire Departments 1991/92 budget.
Recommend approval of request for authorization to submit four grant
applications to the Department of Health and Rehabilitative Services.
Agenda Item No. :
AGENDA REQUEST
Date: March 19, 1991
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: March 26, 1991
Description of item (who, what, where, how much): Approval to submit four
applications to the Florida Department of Health and Rehabilitative Services. Office
of Emer~enc~ Medical Services for matchin~ funds for the following: Aovlication #1
One F.mergency Rescue Vehicle-$42,OOO, Application H2-Cellular Telephones (6) & Portable
l?~y M~("h1np~ (7)-~7J7n1 nn, Arr11("~r1nn #1- Hp,qn!,:pr C.ommlln1("~r1nn np,d("p!,: (7)- $"J750.
Appli~ation U4-Hou~e Safety Sim1llator Tr~11pr-$11Jnnn Tnr~l RP~lP~t - $61.38~ 00
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval. Matching City funds will be requested in the Fire
Department 1991-92 Budget.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature: J(~ ~..\("..
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO 1'7'/1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
[ITY DF DELRAY BEA[H
FIRE DEPARTMENT
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: MARCH 18, 1991
SUBJECT: REQUEST FOR CITY COMMISSION APPROVAL
TO SUBMIT EMS GRANT PROPOSALS
As you know, the City of Delray Beach has been an active
participant in the matching grant program through the Florida
Department of Health and Rehabilitative Services, Office of
Emergency Medical Services. Over the past three years, we have
obtained over $157,000 in grant funds from this source. These
matching funds have assisted in expanding and improving our EMS
capabili ties. This year, staff is recommending City Commission
approval to submit the following four applications.
APPLICATION ONE:
Item( s) : One Emergency Rescue Vehicle
Grant Funding Request $42,000.
We are requesting an additional paramedic rescue unit which is
configured for transport capabilities in order to reduce response
time from approximately 13 minutes to under 6 minutes in the
southwest portion of the City.
This grant requires a 100% match of funds. The total cost of
this project will be $84,000. The matching funds will be
budgeted in the next Departmental budget request under Capital
Replacement-Automotive.
FIRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH, FLORIDA 33444
407/243-7400- FAX 407/ 265-4660
Page 2
MEMORANDUM
D. HARDEN
MATCHING EMS GRANTS
APPLICATION TWO:
Item( s) : Cellular Telephones (6) & Portable FAX
Machines (7 )
Grant Funding Request: $7,763.
The City's EMS units respond to approximately 5700 medical calls
per year. 95% of these calls originate from the 911 system. The
addition of cellular telephones in our rescue units will provide
us with the ability to communicate directly with the caller to
obtain and convey additional pre-arrival or routing instructions.
The portable FAX machines will allow the transmission of vital
lifesaving information, i. e. , EKG, to the hospital or trauma
center prior to patient arrival.
The grant requires a 100% match of funds. The total cost of this
project will be $15,526. The matching funds will be budgeted in
the next Departmental budget request under Capital
Outlay-Equipment.
APPLICATION THREE:
,
I tern ( s) : Headset Communication Devices (7)
Grant Funding Request: $5,250.
These headsets will reduce the unwanted background noise and
improve the quality of communication between a responding EMS
vehicle and the Dispatch Center. These headsets will also
enhance efforts to reduce potential hearing loss situations for
our personnel and add to our overall safety efforts by reducing
radio air time caused by missed and often repeated radio
messages.
This grant requires a 100% match of funds. The total cost for
this project will be $10,500. The matching funds will be
budgeted in the next Departmental budget request under Capital
Outlay-Equipment.
.
Page 3
MEMORANDUM
D. HARDEN
MATCHING EMS GRANTS
APPLICATION FOUR:
I tern ( s) : House Safety Simulator Trailer
Grant Funding Request: $11,000.
This educational unit, which is constructed to represent the
inside of a typical house, will be taken to schools, hospitals,
homeowner associations and business locations to provide
instruction on the prevention of home injuries, i. e. , burns.
poisonings, falls and other common household injuries.
This grant requires a 100% match of funds. The total cost of
this project will be $22,000. The matching funds will be
budgeted in the next Departmental budget request under Capital
Outlay-Equipment.
It should be noted that the above four projects are in
general conformity with the public facilities element, objective
D-1 of the City's Comprehensive Plan as amended. These proposals
have been developed and processed through the City's
Grants/Training Coordinator Coordinator with technical assistance
provided by Division Chief Trawick.
t/~~.lc,-
Kerry B. Koen
Fire Chief
KBK/mmh
cc: Douglas Trawick, Division Chief
Douglas Randolph, Grants Training Coordinator
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ff1
SUBJECT: AGENDA ITEM # ~.J - MEETING OF MARCH 26, 1991
USE OF CITY STAGE AND WAIVER OF RENTAL FEE
DATE: March 20, 1991
We have received a request from Jerry Brown to use the City's small
portable stage and waiver of the $350 stage rental fee. The stage
will be used for a welcome home ceremony for U.S. Military Personnel
at Miller Park on April 21st. In addition, Mr. Brown is requesting
permission to use the City's concession stand at Miller Park to
dispense refreshments (hot dogs and soda). Approval of this request
is consistent with previous Commission action.
Recommend approval of request from Mr. Brown to use the City's small
portable stage, waive the $350 rental fee, and authorize the use of
the concession stand at Miller Park.
.
.
Agenda I tem No.:
AGENDA REQUEST
Date: March 13, 1991
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: March 26, 1991
Description of agenda item (who, what, where, how much) : Waiver of
sta~e rental fee of $350.00 (plus labor) for the use of the large sta~e at Miller
P~rk on April 21, 1 qql for R lJplroming ceremony for the troop!': rpt"l1rning from
t"hp ppr~iRn r.lllf
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend waiving stage rental fee.
Department Head Signature:
Determination of Consistency 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: @ NO fJ11
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
-
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Waiver of Stage Rental Fee
DATE: March 13, 1991
I have received a request from Jerry Brown to hold a welcoming
ceremony for the troops returning from the Persian Gulf at
Miller Park on April 21, 1991. Mr. Brown would like the use of
the large stage, 100 chairs, 10 tables and use of our concession
stand to give away free hot dogs and sodas. You may recall Mr.
Brown previously organized a rally for the troops at Veterans'
Park.
Per your approval please put on the March 26, 1991 agenda for
Commission consideration the waiving of the $350 rental fee
(plus labor) for the use of the large stage on April 21, 1991 to
welcome the troops home at Miller Park.
~
Parks and Recreation
JW: j mh
REF:JW06391.DOC
Attachment
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERl9Y1
SUBJECT: AGENDA ITEM # ~K.. - MEETING OF MARCH 26, 1991
CHANGE OF SUBDIVISION AND STREET NAME
DATE: March 20, 1991
The Hidden Lakes subdivision was recently sold. The new owner,
Guardian Construction Corporation, is proposing to change the name of
the subdivision from Hidden Lakes to Clearbrook. In conjunction with
the new project name, they are also proposing a change to the internal
street name from Hidden Lakes Drive to Clearbrook Circle.
There are currently no assigned addresses in the development.
Additionally, the Fire Department has found that there will be no
duplication of street names, should this request be approved.
The Planning and Zoning Board at their March 18th meeting recommended
approval of the request.
h1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
~~~ ~~~~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 26, 1991
CHANGE OF SUBDIVISION AND STREET NAME
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a change in the name of a subdivision and the
name of the street within the subdivision.
BACKGROUND:
The subdivision is currently known as Hidden Lakes. The change
is to Clearbrook. Also, the internal street is to be changed
from Hidden Lakes Drive to Clearbrook Circle.
The project has changed developers and a new concept is being
promoted along with a new project. There are no assigned
addresses. There are no conflicts with other streets or
subdivisions in our service areas.
See the P&Z staff report if further information is desired. A
copy of the report is available in the City Manager's Office or
the Planning Department.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of March 18, 1991, and has forwarded it with a
recommendation of approval.
RECOMMENDED ACTION:
By motion, approval of the requested name changes.
Attachment:
* P&Z Staff Report is available in the Planning Department.
DJK/#77/CCHIDDEN.TXT
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # <6L - MEETING OF MARCH 26, 1991
REQUEST FOR FINAL PAYMENTjA.O.B. UNDERGROUND, INC.
DATE: March 20, 1991
We have received a request for final payment from A.O.B. Underground,
Inc. in the amount of $22,913.60 for completion of the Rainbow Homes
drainage improvements project. Staff has reviewed the work and found
it to be satisfactorily complete. This project was originally
budgeted at $89,690. The final cost of the project, including this
payment, is $81,626. Funding is available in Rainbow Homes Utility
Tax Bond (Account No. 333-3161-541-61.13). Account balance $47,924.
Recommend approval of the request for final payment from A.O.B.
Underground, Inc. in the amount of $22,913.60, for completion of the
Rainbow Homes drainage improvements project, with funding from Rainbow
Homes Utility Tax Bond (Account No. 333-3161-541-61.13) .
if
.
Agenda Item No. :
AGENDA REQUEST
Date: March 20, 1991
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: March 26, 1991
Description of agenda item (who, what, where, how much): Staff reauests
Cit Commission to approve final pay request to A.O.B. Underground, Inc. for Rainbow
Homes Pro'ect No. 06-12-90DB in the amount of $22,913.60. Final contract amount total
is $81.626.00. Funding source 333-3161-541- 1.1 . (PO. #19473). The final quanitities
have been verified and the field construction has been completed in conformance with the
plans and specifications.
ORDINANCE/ RESOLUTION REQUIRED: msjNO Draft Attached: DS/NO
Recommendation: Staff recommends approval for final pay request in the amount
of $22,913.60 to A.O.B. Underground.
;,.,
.,
Department Head Signature: WI..-- -11.9.-- .. u g
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: ~/ NO (if a~iCable)
Funding alternatives:
Account No. & Description: 333-3161-541-61.13
Account Balance: ~11q24 'RAI ~ P:o~ e:S
City Manager Review:
Approved for agenda: fi}J/ NO f'l1
Hold Until:
Agenda Coordinator Review:
Received: 3/~/q( (ffSV)
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden.J
city Manager
THRU: William H. Greenwood
Dir. of Environmental Services
FROM: George Abou-Jaoude
Dep. Dir. of Environmental Servicesj
capital Projects
SUBJECT: RAINBOW HOMES DRAINAGE IMPROVEMENT
PROJECT NUMBER P.U. 91-31. 4
DATE: March 20, 1991
Attached is an Agenda Request for final payment to A. 0 . B .
Underground Inc. for the above referenced project. The
final quantities have been verified and field construction
has been completed in conformance with the plans and specs.
The construction of this project was budgeted at $89,690.00.
The final construction cost is $81,626.00.
This information is submitted to you for your review and
approval.
GAJjgm
Att:
cc: Cheryl Leverett, City Clerk's office
Ted Glass, Purchasing Director
File; Memos to City Manager
File; Project 91-31.4 (G)
File; a:gaj9131
- . -- _._'-+-'-- -----....- -."-.----
"
.
PERIODIC PAY ESTIMATE '"
8,064.00
15,040.00 8,064.00
-------------------------------------------------------------------------------------
ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE
A. ORIGINAL CONTRACT AMOUNT $74,650.00 "'/-
B. PLUS: ADDITIONS SCHEDULED ABOVE 15,040.00
C. LESS: DEDUCTIONS SCHEDULED ABOVE 8,064.00 /
D. ADJUSTED CONTRACT AMOUNT TO DATE $81,626.00 ,/
ANALYSIS OF WORK PERFORMED
l. TOTAL VALUE OF WORK PERFORMED TO DATE:
lA. ORIGINAL CONTRACT WORK COMPLETED. 66,586.00 ,/
lB. CHANGE ORDER WORK COMPLETED 15,040.00 ..-/
2. ADD: MATERIALS STORED AT CLOSE OF PERIOD
(subtotal - completed work + stored material) 81,626.00 /
3. LESS: AMOUNT RETAINED @ 0% 0.00
4. NET AMOUNT EARNED ON CONTRACT WORK TO DATE 81,626.00 ./
5. LESS: AMOUNT FOR PREVIOUS PAY ESTIMATES 58,712.40
6. BALANCE DUE THIS ESTIMATE $22,913.60 .-/
/'
CERTIFICATION OF CONTRACTOR
I certify that I have checked and verified the Final Estimate for
the period of 12/31/90 to 03/06/91, and that it is a true and correct
statement of all work performed, that all work and material supplied and
included in the Final Estimate has been performed and/or supplied in full
accordance with the terms and conditions of the Contract Documents.
A.O.B. UNDERGROUND, INC. #~~
March 6, 1991 BY: PRES.
CERTIFICATION OF CONSTRUCTION ENGINEER
According to the best of my knowledge I certify that all items and
amounts shown on the Final Estimate are correct; that the work and material
has been done or supplied on the project between 12/31/90 and 03/06/91.
It is agreed that this Estimate is a true and correct statement of the
contract amount, up to and including the last day of the period covered by
this Estimate and that no part of the balance due of this payment has
'been received.
CITY OF DELRAY BEACH
DATE: BY:
- ' - -----".,--' ,
PERIODICAL ESTIMATE FOR PARTIAL PAVMENT \
Project No. 06-12-90-D8
PROJ: Delray Beach, Rainbow Homes Drainage Improvements Page 2 of 2
CONT: A.O.B. UNDERGROUND, INC. Pay Estimate ~o. FINAL
7233 SOUTHERN BLVD, B-1 FROM: 12/31/91
WEST PALM BCH, FL. 33413 TO: 03/06/91
---------------------------------------------------------------------------------------
I 1 I ORIGINAL ESTIMATE :COMP THIS PERIOD 1 COMP TO DATE 1
1 I 1 1 I
1 :It 'DESCRIPTION I I I UNIT I I :It OF 1 ::It OF 1 I
I 1 I 1 1 1 I I 1
I OF ITEM :QUANT:UN: COST I VALUE I UNITS : VALUE : UNIT S I VALUE I
1 I 1 I
,
1--- ------------------------------------------------------------- -------------------
, 1. 15" RCP I 180 :LFl 15.00 $ 2,700.00 : $ 0.00 178 $ 2,670.00
I I
I I 1 I I I 1
I 1 I I 1 I I
:lA 24" RCP I 800 :LF: 21.00 16,800.00 I 1 0.00 756 I 15,876.00
1 I I I
1 I I 1 I I 1
I I I I I I I
I 2 ,24" PCMP 600 :LF: 30.00 18,000.00 1 I 0.00 630 I 18,900.00
I I , ,
I I I 1 I I
1 I , I 1
1 3. :TVPE C CATCH 6 EA: 675.00 4,050.00 : 0.00 6 : 4,050.00
I
I :BASINS 1 I I
I I I I
:3A :TVPE E CATCH 8 EA: 950.00 7,600.00 I 0.00 I 11 I 10,450.00 I
I I 1 I
, 'BASINS I I I , I
I I I
4 F&I BIT PAVE 1500 SV: 15.00 :22,500.00 I 640 9,600.00 I 776 11,640.00
I I
I I I I
I I I I
5 RESTORATION 1 LS:3,000.00 1 3,000.00 I 0.00 I 1 3,000.00
I 1 1
Service I I I I
I , I I
I 1 I I
I I I I
I ORIGINAL CONTRACT TOTAL 74,650.00 : 9,600.00 66,586.00 I
1 I 1 I
1 I 1 I
CHANGE ORDER I I I I I
1 1 I 1 I
, I , I I
I I 1 1 I
1. I CONFLICT 4 :EC: 1600.00 6,400.00 1 0.00 4 I 6400.00 I
I I
STRUCTURES I I I I
1 I 1 1
I I I I
I 1 1 I
2. SEWER 7 :EC: 970.00 6,790.00 7 I 6,790.00 I 7 I 6790.00
1 1 I
LATERAL , 1 1 I 1
I 1 I I 1 I
CONFLICT 1 I 1 I 1
, I I I I I
3. 6" WIM , 1 :EC: 1850.00 1,850.00 I 0.00 1 1 , 1850.00
I I I I I
: CONFLICT I 1 1 I I 1 1
1 I 1 I I I f
I I I I I 1 1 I
I I I 1 I I , 1
I :CHANGE ORDER TOTAL 15,040.00 1 6,790.00.: 1 15,040.00 1
1 I I I
I I I I I I I I I
I I 1 I I I I I I
I :TOTAL WORK COMPLETED :89,690.00 : 16,390.00 I I 81,626.00 :
I I 1
1 I I 1 I I I I I I I
I I I 1 I 1 I I I I I
---------------------------------------------------------------------------------------
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 8M - MEETING OF MARCH 26, 1991
REQUEST FOR FINAL PAYMENT/W. JACKSON & SONS CONSTRUCTION CO.
DATE: March 20, 1991
We have received a request from W. Jackson and Sons Construction
Company for final payment in the amount of $11,781.79 for completion
of the Delray Beach/Boca Raton Water Main Interconnection project.
Staff has reviewed the work and found it to be satisfactorily
complete. This project was originally awarded at $91,988. The final
contract price is $91,988. Funding is available in Water and Sewer
Fund Boca/Palm Beach County Emergency Interconnect (Account No.
441-5162-536-60.38).
Recommend approval of request for final payment from W. Jackson and
Sons Construction Company in the amount of $11,781.79, for completion
of the Delray Beach/Boca Raton Water Main Interconnection project, with
funding from Water and Sewer - Boca/Palm Beach County Emergency
Interconnect (Account No. 441-5162-536-60.38).
(Note: Half the cost of this project will be paid by the City of Boca
Raton. The budget for both the Boca Raton and the County interconnect
is $100,000. More the $50,000 is left to fund the County interconnect).
I .
if
.
Agenda I tem No.:
AGENDA REQUEST
Date: March 20, 1991
Request to be placed on:'
xx Regular Agenda Special Agenda Workshop Agenda
When: March 26, 1991
Description of agenda item (who, what, where, how much): Staff requests
a roval to W. Jackson & Sons Construction Co for final a ent in the a
11,781.79 for the Delray Beach/Boca Water Main Interconnect - Project No. gO 04
Funding source is account number 441-5162-536-60.39.
ORDINANCE/ RESOLUTION REQUIRED: xnB/NO Draft Attached: ~/NO
Recommendation: Staff recommends approval for final payment to W. Jackson & Sons
Construction Company in the amount of $11,781.79.
;."
Department Head Signature: >~<O~A' > f(~,y~)~ @
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
Funding alternatives: (if applicable)
Account No. & DeS'4iPtion: ~"Z-5~.W-3q[f3CCA/Pf5'C, EMERt::.. INT-Ef4:)
Account Balance: C:;jQQ4.
City Manager Review: M
Approved for agenda: ~ NO
Hold Until:
Agenda Coordinator Review: "6f9U( C) \ (!~~,
Received:
Action: Approved/Disapproved
,\\ ,'1C6fd y~
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: DELRAY BEACH/BOCA WATER MAIN INTERCONNECT
PROJECT NUMBER P.U. 90.04
DATE: March 20, 1991
Attached is an Agenda Request for final payment to W. Jackson and Sons
Const. Co. for the above referenced project. The final quantities
have been verified and field construction has been completed in
conformance with the plans and specs.
This information is submitted to you for your review and approval.
GAJ/gm
Att:
cc: Cheryl Leverett, City Clerk's office
Ted Glass, Purchasing Director
File; Memos to City Manager
File; Project 90-04 (G)
File; a:gaj9131
PAYMENT REQUISITION
****..******...****
W. JACKSON & SONS CONST. CO. PROJECT TITLE:PRDJECT NAME: DELRAV BEACH WATER MAIN INTERCONNECT pRDJEC
1888 N.W. 21ST ST. ENGINEER:OLSAK & ASSOCIATES
POMPANO BEACH, FLA. 33069 OWNER:CITY OF DELRAV BEACH
973-3060, ESTIMATE NO.: FINAL
FOR PERIOD:FEBRUARV 25, 1991
MARCH 19, 1991
*...*****..****.**********....**.*********..*.....**......................f*.f.*..f.....f......*...*..f....*.f...**......**...****
TOTAL TO DATE: ~11979 ~ 9/ 9(S7 .68 ;h
.J
LESS RETAINA6E: 0% 0.00
SUBTOTAL: 'll.. QJ9 &2- 917@.7.6<S ~
~(.QdI7 /-;J.o/ J r
&5. 7~ tJ. BcJ 2~i .09
LESS PREV I OUS 'TS:
If 18/.liJt ~
AMOUNT DUE THIS REQUISITION: 25, 189. fII30
./ --
****.f*****.................*.**.*****II*II*.I*I**I...*I.......I.I.I.I.III*ff.ll.fflll...I..... OEL\VI~fW..n......
CONTRACTOR'S CERTIFICATION
i>;, gate - -
I hereby certify that the labor and material~ isted on thi --~.------
request for payment have been used in the construct ~ .-~"
or that all materials included in this request for ., ' ~..
yet incorporated ir,to the construction are l'lOW on tne site or stored ~ ' .-.
at an approved locationj and payment received from the last request
for payment has been used to Make payments to all first tier subcon-
tractors and suppliers except as listed below.
fff............I...II.....f.....f...............f.*.*..***...,.f...""""""""".,..".",.",,,,,.,,,.,,,,,.,.,.....***.f*..
W. JACKSON & sew CONST. CO.
APPROVED: ---------------------------------- APPROVED: ----------------------------------
BY: p~-- BY: ----------------------------------
TI TlE: ---------------------------------- TITLE: ----------------------------------
DATE: ' 3"/9-11 DATE: ----------------------------------
- --------- -----------------
-2-
.
DLR~Y
PROJECT NAME: DELRAY BEACH WATER MAIN INTERCONNECT PROJECT It 564465
LOCATION: DIXIE HIGHWAY SOOTH OF LINDaL AVE.
W.JACKSON & SONS CONST. CO.
1888 N.W. 21st ST.
POMPANO BEACH, FLA, 33069
PAYMENT REQUISITIOO: # FI~L
FOR PAY PERIOD FROM: FEBRUARY 25, 1991
TO: MARCH 19, 1991
CONTRACT ITEMS QUANTITIES USED
DESCRIPTIOO QUANTITY UNIT PRICE TOTAL PRICE I PREVIOUS CURRENT EXTENDED TO DATE EXTENDED :t
..fffffffffffffffff..f..f..f****f..f..fffffffffffffffff..fffffffffffff""fffffffffff'fffffffffffff'..fffffffffff"f'....'ffffff"
WATER
12" DIP WATERMAIN 1,040 LF 22,80 23,712.00 I 1040 0 0.00 1040 23,712.00
12" GATE \Xl.VE W/BOX 1 LF 711.52 711.52 I 1 0 0.00 1 711. 52
12" 90 DEGREE BEND/RET 2 LF 372.68 745.36 I 2 0 0.00 2 745.36
16X12 TAPPING TEE/VALV 1 LF 4,257,20 4,257.20 I 1 0 0.00 1 4,257.29
10X10 TAPPING TEE/VALV 1 LF 2,619,02 2, 61 '1. 02 I 1 0 0.00 1 2,619.02
6" DIP WATERMAIN 40 LF 14.14 565.60 I 40 0 0.00 40 565.60
10" 90 DEGREE BEND/RET 1 LF 272.85 272.85 I 1 0 0.00 1 272.85
10" X 10" TEE 1 LF 333.62 333. 62 I 1 0 0.00 1 333.62
12" X 6" TEE 2 LF 323.46 646.92 I 2 0 0.00 2 646.92
12" X 10" REDUCER 1 LF 185.91 185.91 I 1 0 0,00 1 185.91
10" X 6" REDUCER 1 LF 121.17 121.17 I 1 0 0.00 I 121.17
FIRE HYDRANT ~MBLY 3 LF 1,312,95 3,938.85 I 3 0 0.00 3 3,938.85
SAMPLING POINTS 3 LF 37.46 112.38 I 3 0 0.00 3 112.38
RESTORE EX. PVMT REST. 734 LF 3.50 2,569.00 I 734 0 0.00 734 2,569.00
REQUIRED SODDING 1 LF 2,861.94 2,861.94 I 0 1 ~4 tt3 7J, (),:) 1 ~ ZR7J,O:l
TRAFFIC CONTROL 1 LF 1,000.00 I, 000. 00 I 1 0 0.00 jt- 1 1,000.00 A
WATER METER ASSEMBLY:
12~ X 48" FLG DIP 2 EA
12" 90 DEGREE BEND 4 EA
10a X 10" TEE 2 EA
10" X 8. TEE 2 EA
12" X 10" REDUCER 2 EA
10" X 30" FLB DIP 2 EA
10" GATE \Xl.VE 4 EA
8" NEPTUNE TURBINE WATER
METER W/STRAINER 1 EA
CBS SUPPORTS AS SHOWN 3EA
TOTAL MATERIAL/INSTALL 1 LS 12,326.48 12,326.48 I 1 0 0.00 1 12,326.48
CANAL C-15 CROSSING:
14"Xl"" ,40' CONe PILE 5 EA
REQUIRED HARDWARE 1 LS
FAN BUARD '2 EA
RI R RELEASE VAlVE 1 EA
12" FLG DIP 160 LF
12" MJ DIP 80 LF
12" 45 DEGREE BEND 'lEA
'OTAL MATERIAL/INSTALL 1 LS 35,000.00 35,000.00 I 1 0 0.00 1 35,000.00
---------- ------------- ~100.0%
iRAND TOTAL 91,979.82 2,861.94
-1- 9/; 96 7. 8-() /'"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1Jv1
SUBJECT: AGENDA ITEM # 8N - MEETING OF MARCH 26, 1991
REQUEST FOR FINAL PAYMENT/ARZ BUILDERS, INC.
DATE: March 20, 1991
We have received a request for final payment from ARZ Builders,
Inc. in the amount of $1,687 for completion of the Pompey Park
Sidewalk project. Staff has reviewed this work and found it to be
satisfactorily complete. This project was originally budgeted at
$20,000. The final project price is $13,679. Funding is available in
the Decade of Excellence Bond Issue/Sidewalk - Pompey Park (Account
No. 225-3162-541-61.45. Account balance $5,121.
Recommend approval of request for final payment from ARZ Builders,
Inc. in the amount of $1,687, for completion of the Pompey Park
Sidewalk project, with funding from Decade of Excellence Bond
Issue/Sidewalk - Pompey Park (Account No. 225-3162-541-61.45).
I
i'
.f
.
.
Agenda Item No. :
AGENDA REQUEST
Date: March 20. 1991
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: March 26, 1991
Description of agenda item (who, what, where, how much): Staff requests
City Commission to approve final payment to ARZ Builders, Inc. in the amount of
$1.687.00 for the Pompey Park Sidewalk: Proiect No. 91-54 - a Decade of Excellence
Pro; ecL Funding source is #225-3162-541-61.45.
ORDINANCE/ RESOLUTION REQUIRED: ~NO Draft Attached: ~/NO
Recommendation: Staff recommends approval to ARZ Builders, Inc. for final
payment in the amount of $1,687.00 for the Pompey Park Sidewalk.
""-.
Department Head Signature, IA--("(.u,,~-.;I J/I~~c/~!~~)
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: ~ NO (if applicable)
Funding alternatives:
Account No. & Description: 225-3162-541-61.45 (5IpSWA\..".. pOMPey ?Kj
Account Balance: 1:.>,121. to
City Manager Review:
Approved for agenda: B NO fH
Hold Until:
Agenda Coordinator Review: -:i~/q I [jbSiJ~
Received:
Action: Approved/Disapproved
,4-. ,:t~
-
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: POMPEY PARK - SIDEWALK
PROJECT NUMBER P.U. 91-54
DATE: March 20, 1991
Attached is an Agenda Request for final payment to ARZ Builders
for the above referenced project. The final quantities have been
verified and field construction has been completed in conformance with
the plans and specs.
This information is submitted to you for your review and approval.
GAJ/gm
Att:
cc: Cheryl Leverett, city Clerk's office
Ted Glass, purchasing Director
File; Memos to City Manager
File; Project 91-54 (G)
File; a:gaj9131
,
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..
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER M
SUBJECT: AGENDA ITEM # 80 - MEETING OF MARCH 26, 1991
REQUEST FOR FINAL PAYMENT/JOHNSON-DAVIS 1 INC,
DATE: March 20, 1991
We have received a request for final payment from Johnson-Davis/ Inc,
in the amount of $29,773,85 for completion of the S,E, 1st Street
Drainage Project, Staff has reviewed this work and found it to be
satisfactorily complete, This contract was originally awarded at
$170,150; however, the scope of work was expanded to replace the
sanitary sewer and add water line connections which increased the
contract price to $297,738,50, The drainage portion of the project,
funded by the Decade of Excellence Bond, was budgeted at $200,000 and
had a final construction cost of $181/650,50, Funding is available in
the Decade of Excellence Bond Issue/S,E, 1st Street Drainage (Account
No, 225-3161-541-61.41), Account balance $29,700.
Recommend approval of request for final payment from Johnson-Davis,
Inc, in the amount of $29,773,85, for completion of the S.E, 1st
Street Drainage project, with funding from Decade of Excellence Bond
Issue/S,E. 1st Street Drainage (Account No. 225-3161-541-61,41),
I
jl
\! -
, .
Agenda Item No.:
AGENDA REQUEST
Date: March 20, 1991
Request to be placed on:'
xx Regular Agenda Special Agenda Workshop Agenda
When: March 26, 1991
Description of agenda item (who, what, where, how much): Staff requests
Cit Commission to approve final pay request to Johnson & Davis, Inc. for S.E. 1st
Street Drainage Project Proj. /'06-22-90-DB). Final pay request is for the amount of
$29,773.85. Final contract amount total is $297,738.50. Funding sources are
225-3161-541-61.41 (Decade of Excellence) $181.650.50:444-5174-536-61.41 (W&S Revenue
Fund) $101,368;441-5161-536-60.68 (R&R Fund) $14,720.
ORDINANCE/ RESOLUTION REQUIRED: ~/NO Draft Attached: ~NO
Recommenda tion: Staff recommends approval of final pav reauest in the amount of
$29.773.85 to Johnson & Davis. Inc. for the S.E. 1st Street Drainage Tmprovpmpnt~
~..
Department Head Signature, t!r-it'f-<.~ ./...&.:....wiV-f@
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: ~ NO
Funding alternatives: (if applicable)
Account No. & Description: 225-3161-541-61. 41 (~ Ic;.t. FRfJ\ lA. .~. ~
Account Balance: 2~,100
City Manager Review:
Approved for agenda: ~/ NO ~
Hold Until: - .
Agenda Coordinator Review, ;. ~
Received: 3p.e q I ~
Action: Approved/Disapproved
.
-
.
.. -
.
..J-D
~OHNBON.CA VIS INC.
(!onhaetot
604 HlllBRATH DRIVE
LANTANA, FLORIDA 33462
305.588.1170
Mr. George Abou-Jaoude March 19, 1991
Deputy Director of Environmental Services
City of Delray Beach
434 S. Swinton
Delray Beach, FL 33444
Re: SE 1ST STREET INVOICE NO.JD 90-l41
ESTIMATE NO. S FINAL
The following is a cost summary for work completed through March
19, 1991.
BASE CONTRACT $170,150.00
CHANGE ORDER NO. 1 60,628.00
CHANGE ORDER NO. 2 21,240.00
CHANGE ORDER NO. 3 l4,720.00
CHANGE ORDER NO. 4 23/000.50
TOTAL REVISED CONTRACT 297,738.50
COMPLETED TO DATE 297,738.50
LESS 0% RETAINAGE 0
AMOUNT EARNED TO DATE 297,738.50
LESS PREVIOUSLY PAID 267,964.65
AMOUNT OF THIS REQUISITION $29,773.85
THANK YOU
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~p - MEETING OF MARCH 26, 1991
RESOLUTION NO, 19-91
DATE: March 20, 1991
This item is a Resolution assessing costs for abatement action
required to demolish an unsafe building on property at
610 S,E, 6th Avenue. The Resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $1,808,40 remains unpaid,
Recommend approval of Resolution No, 19-91 assessing costs for
demolishing an unsafe building located at 610 S,E, 6th Avenue,
--------------- -- - -- ------- _._,-_.._---~-------- --- ,
--- _._~-- ._------------
h --- --- - - --..---------------- -~--_.-
RESOLUTION NO. 19-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE,
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165,41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165,42 of the Code of Ordinances of the City of
Oelray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City CODlDission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
-- - - .-------- -- - --,.- --- -- -~
----- ---,---._---- - - --.----- - -----------
Section 1, That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible,
Section 2, That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied,
Section 3, That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums,
Section 4, That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection,
Section 5, That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee,
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAYOR
ATTEST:
City Clerk
- 2 - Res, No, 19-91
.
. .
NOTICE OF ASSESSMENT
Date
TO: LC Properties of Delray Beach, Inc.
ADDRESS: 5730 N. Federal Highway, Ft. Lauderdale. Fl 33308
PROPERTY: 610 SE 6th Avenue, Delray Beach. Fl 33444
LEGAL DESCRIPTION: Lots 1 and 2 les E5' thereof, Block 11. Osceola Park
according to Plat Book 3, Page 2 of the official records of Palm Beach County, Fl
I the above-
You, as the record owner ,of, or holder of an interest in,
described property are hereby advised that a cost of $1.808.40 by resolution
of the City Commission of the City of Delray Beach. Florida, dated
, 1990, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice onll-16-90
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
,
...
.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 3-11-91
at a cost of $1.808..40 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~ilding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
. .
'."1
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # - MEETING OF MARCH 26, 1991
RESOLUTION NO, 20-91
DATE: March 20, 1991
This item is a Resolution assessing costs for abatement action
required to board up an unsafe building on property at
111 S,W, 2nd Street. The Resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $454,30 remains unpaid.
Recommend approval of Resolution No, 20-91 assessing costs for
boarding up an unsafe building located at 111 S,W, 2nd Street,
----- .---. _.'_n~_ u__ _
- - -----_. ----- ------- --~----------~-------_._--~----
RESOLUTION NO, 20-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE,
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to f ile an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165,41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165,42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
. .-.--"
_..~-_.
Section 1, That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon, Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible,
Section 2, That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied,
Section 3, That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums,
Section 4, That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection,
Section 5, That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee,
PASSED AND ADOPTED in regular session on this the day
of , 1991-
MAYOR
ATTEST:
City Clerk
- 2 - Res, No, 20-91
NOTICE OF ASSESSMENT
Date
TO: John Cunningham
ADDRESS: 4u67-A Orleans Court, West Palm Beach. ,fl 33415
PROPERTY: 111 SW 2nd Street, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 17, Resbudivision of South 1/2 of Block 54, Town
of Delray according to Plat Book 11, Page 2 of the official records of
Palm Beach County, Florida
t the above-
You, as the record owner,of, or holder of an interest in,
described property are hereby advised that a cost of$454.30 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
. 1990, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 1-28-91
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the.decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
x An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 2-14-91
at a cost of i454 30 which includes a ten percent (10%) administrative
fee. If you ail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~ilding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
, .
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER()7-I\
SUBJECT: AGENDA ITEM # ~I!. - MEETING OF MARCH 26, 1991
RESOLUTION NO, 21-91
DATE: March 20, 1991
This item is a Resolution assessing costs for abatement action
required to board up an unsafe building on property at
729 S,W, 9th Court, The Resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $319 remains unpaid,
Recommend approval of Resolution No, 21-91 assessing costs for
boarding up an unsafe building located at 729 S,W, 9th Court,
---- ---------
RESOLUTION NO, 21-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE,
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165,41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165,42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
---- --------~---- ~~
- .-.--- - ------. ---- -~-----~-~-- ------------- ~ --
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of De1ray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi -
cated thereon, Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165,42
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible,
Section 2, That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3, That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid.
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6X) per annum,
plus reasonable attorney's fees and other costs of collecting said sums,
Section 4, That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6X) per annum plus reasonable attorney's fee and other costs of
collection,
Section 5, That in the event that payment has not been re~
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6X, and collection costs including a reasonable attorney's
fee,
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAYOR
ATTEST:
City Clerk
- 2 - Res, No, 21-91
'"
" .
NOTICE OF ASSESSMENT
Date
TO: America's Mortage Servicing, Inc.
ADDRESS: 481 N. Frederick Avenue, Gaithersburg. MD 20877
PROPERTY: 729 SW 9th Court. Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 49, Delray Manor according to Plat Book 12.
Page 59 of the official records of Palm Beach County, Florida.
You, t the above-
as the record owner,of, or holder of an interest in,
described property are hereby advised that a cost of $319.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1990, has' been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 2-1-91
that the Buildi~g Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your.
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
x An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
>111
~
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 2-9-91
at a cost of $319..00 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~ilding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
. .
'"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # <if 5 - MEETING OF MARCH 26, 1991
RESOLUTION NO, 22-91
DATE: March 20, 1991
This item is a Resolution assessing costs for abatement action
required to board up an unsafe building on property at
2606 Frederick Boulevard, The Resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $385 remains unpaid,
Recommend approval of Resolution No, 22-91 assessing costs for
boarding up an unsafe building located at 2606 Frederick Boulevard,
- --- - ---
--
RESOLUTION NO. 22-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE HAILING OF NOTICE,
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165,41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165,42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
"- -.-_. ..-. - -"... -.---"."..- ---~-
---- --.-----.-- .__._-~-
---------.-- ---.-.-- .-...- --~--- -~-_._-_._-_.---~--. -.- -----.--
Section 1, That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon, Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible,
Section 2, That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3, That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums,
Section 4, That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection,
Section 5, That in the event that payment has not been re-
ceived by the City Clerk within thirty (30).days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee,
PASSED AND ADOPTED in regular session on this the day
of , 1991-
MAYOR
ATTEST:
City Clerk
- 2 - Res, No, 22-91
'''1
NOTICE OF ASSESSMENT
Date
TO: Stanley M. Levy c/o Bell Chrysler Plymouth, Inc.
ADDRESS: 2397 Kennedy Boulevard (PO Box 4422), Jersey City, NJ 07304
PROPERTY: 2606 Frederick Boulevard, Delray Beach. Fl 33444
LEGAL DESCRIPTION: Lots 19 to 22 and E1/2 of abandoned alley lying West of and
adjacent thereto, Block 42, Del Raton Park according to Plat Book 14. pages 9 and
10 of the official records of Palm Beach County, Fl
.
You, ~ the above-
as the record owner ,of, or holder of an interest in,
described property are hereby advised that a cost of $385.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1990, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 11-16-90
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
. ,
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 3- 9- 91
at a cost of $385.DQ which includes a ten percent (101.) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~ilding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
'"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 9' A - MEETING OF MARCH 26, 1991
REPORT OF APPEALABLE LAND USE ITEMS
DATE: March 20, 1991
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period March 13th
through March 25th, The following actions were considered during this
reporting period:
Site Plan Review and Appearance Board:
-Approved (3-2 vote) addition of awnings for Fronrath
Chevrolet,
-Approved (6-0 vote) changes to landscape plan and the
addition of three new models for Clearbrook (aka Hidden
Lakes) ,
-Approved (5-0 vote) site and landscape plan for Mt, Moriah
A,M,E, Church,
-Approved (6-0 vote) landscape and elevation plans for Delray
Bay Apartments,
Planning and Zoning Board:
-Denied (5-1 vote) request from Seagate Hotel and Beach Club
for zoning change from Single Family Residential (R-1AAA) to
Community Facilities (CF) , Also included was a conditional
use request which became moot following the denial of the
zoning action,
-Approved (6-0 vote) site plan from Delray Bay Apartments,
Historic Preservation Board:
-Granted a Certificate of Appropriateness to relocate the
Sundy Feed Store,
~i(
rM
C I T Y COM MIS S ION DOCUMENTATION
TO: DAVID HARDEN, CITY MANAGER
THRU: \:::n.0"~ --S. \J..OOo.c.o l~
DAVID J. KOVACS, DIRECTO
~PARTME~LANNING AND ZONING
rJo/hA.A.
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF MARCH 26, 1991
REPORT OF APPEALABLE LAND USE ITEMS
MARCH 13,1991 THRU MARCH 25, 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 March 13, 1991, through March
25, 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.
City Commission Documentation
Report of Appealable Land Use Items
March 13, 1991 thru March 25, 1991
Page 2
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MARCH 13, 1991:
1- Approved by a vote of 3 to 2, the elevation plans (addition
of awnings) for Fronrath Chevrolet, at S.E. 6th Avenue
(northbound Federal Highway) , between S.E. 3rd and 4th
Streets.
2. Approved by a vote of 6 to 0, changes to the landscape plan
and the addition of three new models for Clearbrook (aka
Hidden Lake) zero lot line single family development at
Homewood Boulevard.
3. Approved by a vote of 5 to 0 (Marsh abstaining), the site
plan and landscape plans for Mt. Moriah A.M.E. Church, at
S.W. 7th Street.
4. Approved by a vote of 6 to 0, the landscape and elevation
plans for Delray Bay Apartments located south of Linton
Boulevard, west of Homewood Boulevard.
No other appealable items.
PLANNING AND ZONING BOARD MEETING OF MARCH 18, 1991:
1- Denied by a vote of 5 to 1, a request for a zoning change
from R-1AAA (Single Family Residential) to CF (Community
Facilities).
Denial of the zoning made action on the associated
conditional use for a privately operated parking lot in
conjunction with the Seagate Hotel and Beach Club moot.
However, the Board stipulated that if an appeal is filed and
the City Commission entertains first reading of the
Rezoning Ordinance, then, prior to second reading of the
Ordinance, the conditional use application shall be
considered by the Planning and Zoning Board for the purpose
of identifying appropriate conditions.
The site is located at the southwest corner of A-I-A and
Bucida Road. An appeal may be filed by the petitioner.
2. Approved by a vote of 6 to 0, the site plan, for Delray Bay
Apartments, south of Linton, west of Homewood Boulevard.
Concurrently, the Board granted an internal adjustment to
allow the reduction of the front setback from 30' to 20' for
two buildings.
All other items will be forwarded to the City Commission as
separate agenda items.
^'
City Commission Documentation
Report of Appealable Land Use Items
March 13, 1991 thru March 25, 1991
Page 3
HISTORIC PRESERVATION BOARD MEETING OF MARCH 20, 1991:
1. Granted a Certificate of Appropriateness to relocate the
Sundy Feed Store from the original location to Morikami
"Farm Park".
No other appealable items.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachments: Location Maps
JA/#53/CCACT.TXT
'"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # .T - MEETING OF MARCH 26, 1991
AWARD OF BIDS AND CONTRACTS
DATE: March 20, 1991
This item is before you to review and approve the award of the
following bids and contracts:
1. Mini-Camera for Sewer Inspections- Environmental Services-
Pearpoint, Inc, in the amount of $17,000,30 with funding from
Mini Camera Sewer Lateral Inspection (Account No.
442-5178-536-61,88), Account balance $30,000.
2, Reconstruction of Drinking Water Well #34 - Miller Services,
Inc, in the amount of $54,900 with funding from Well
Rehabilitation, Replacement, Upgrade (Account No,
442-5178-536-61,82), Account balance $183,000,
3, Truck Mounted Sewer Cleaner - Environmental Services - Ray
Pace's Waste Equipment, Inc, in the amount of $62,403.75 with
funding from Hydraulic Flushing Machine (Account No,
442-5178-536-64.04), Account balance $89,998,
4, Annual Photo Supplies - Various Departments - Photoline
Supplies, Inc, in an estimated annual amount of $17,800 with
funding from Various Department Film Supplies Line Item,
5, Community Policing Training program- Police Department-
Florida Atlantic University in the amount of $75,633 with funding
from Law Enforcement Trust Fund Consulting (Account No.
112-2172-521-33.15) , Account balance $88,500,
Recommend approval of the award of bids and contracts as indicated
above,
,
.
"~R ... 3 91
Agenda Item No. :
"
AGENDA REQUEST
Date: MRrch 12. 1991
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: March 26. 1991
Description of agenda item (who, what, where, how much) : Bid Award -
Mini-Camera for Sewer Inspections. Bid 1191-26
/
ORDIBAHCEj RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder, Pearpoint, Inc. at a total cost of
$17,000.30
# /1j1~'(t~/
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: ~/ NO
Funding alternatives: (if applicable)
Account No. & Descri&8ion: 4zrt.-sI7~ - s."&Q, (ol-~~ (MIN\ CAMer<A-SEV\lf-t< LAI. 1 NSP)
Account Balance: ~I
City Manager Review:
Approved for agenda: @/ NO ~
Hold Until:
Agenda Coordinator Review: 3/'~f!?'
Received: "'. i~; \
Action: Approved/Disapproved
,
MEMORANDUM
TO: David T. Harden. City Manager
THROU~Obert A. Barcinski. Assistant City Manager/
dministrative Services
FROM: Ted Glas. Purchasing Officer _~
DATE: March 12, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 26. 1991 - BID AWARD - BID #91-26
MINI CAMERA FOR SEWER INSPECTIONS
Item Before City Commission:
The City Commission is requested to award contract to low
bidder, Pearpoint, Inc. at a cost of $17,003.30. Per the
Budget Office, funding is from:~-Sn2,-S;<{,,1c1-2~
( MI~\ CAMEe~ ~SEWBe LAlEQA-L IN~P. ).
Background:
Sufficient funds are available in the FY 90-91 budget to
purchase a mini camera with monitor for sewer inspections.
A total of $ was budgeted for the purchase.
Bids for this camera were received on February 14, 1991 from
three (3) vendors, all in accordance with City purchasing
procedures. (Bid /191-26. Documentation on file in the
Purchasing Office.) A tabulation of bids is attached for
your review.
The Environmental Services Department has reviewed the bids,
and recommends award to the low bidder, Pearpoint. Inc.. and
to include an optional camera sleeve for $215.
Recommendation:
Staff recommends award to the low bidder. Pearpoint, Inc. at
a total cost of $17,000.30. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from Environmental Services
pc William Greenwood
,
MEMORANDUM
TO: Jackie Rooney
Bid Specialist Director ~Jd
THRU: William H. Greenwood,
Environmental Services
Ernest A. Kaeufer, Assistant Director ~L '3 /f JeU
Environmental Services
FROM: Al Monteleone, Superintendent
Water/Sewer Network
DATE: February 28, 1991
SUBJECT: MINI CAMERA, BID # 91-26
After reviewing the tabulation of bids for the mini-camera
and an inspection of the equipment. I recommend that we
award the bid to Pearpoint, Inc. , for $16,785.30 with one
optional accessory # HC1060001 2" camera sleeve $215.00 for
a total cost of $17,000.30.
(6ju. a
[,y ( 1/1.:7. ~4
Al Monteleo1'le
AM: jaf
CC: W. Greenwood, Director, Environmental Services
E. Kaeufer, Assistant Director Environmental Services
AMSWGR08
File: Memo to Purchasing Department
"
CITY OF DELR~Y BEACH
FEBRUARY 14, 1991 TABULATION OF BIOS
810 $91-26
MINI CAMERA W/MONITOR FOR SEwER SERVICE LATERAL INSPECTIONS
-------- - -- ----------- -----------------------------------
VENDOR Pearpoint, Inc. Southern Sewer Cues. Inc.
Equipment Sales
--------------------- ----------------------------- --------------------------------- -----------------------------------
ONE 11) NEw
~INI CAMERA
'ftIMONlTOR - $ 16,785.30 $ 18,535.00 * $ 18,900.00
LUMP SUM
--------------------- ----------------------------- ------------------------------ ---- -----------
BRAND I Pearpoint "Flexiprobe" RST Black and White Cues/Knopafex -
MODEL Minicam System Sidewinder Color
--------------------- ------------------------- ------------ --
DELIVERY TIME 30 calendar days 60 calendar days 30-60 calendar days
after receipt of after receipt of after receipt of
purchase order purchase order purchase order
--------------------- ---------------------------- --------------------------------- ---- --------
wARRANn 12 months 2 years parts and 1 year
labor
---------------------- ---------------------------- ------------------------------ -- -----------------------
COMMENTS I Itemized quotation * Includes SONE. Alternate Bids:
EXCEPTIONS submitted w/bid and Option: Data Display A. Used Cues Black &
optional accessories add $3250. (Built in White Mini Scout TV
listed. Unit) inspection system
with Sonde Locator
Alternate Bid - and VHS VCR per
$6,300.00 attached specifica-
Option Sone add tions. $10,300.00
$2,000. RST "RED EYE" B. New Cues Black &
Mini Camera B/W CCD White Mini Scout TV
Solid State inspection system
with 200' cable.
Sonde Locator and
VHS VCR per the
attached specifica-
tions $13.900.00
t
I
. -1
Agenda Item No.:
AGENDA REQUEST
Date: March 15. 1991
Request to be placed on:'
y Regular Agenda Special Agenda Workshop Agenda
When: March 26, 1991
Description of agenda item (who, what, where, how much): Bid Award -
Reconstruction of Drinking Water Well - Bid #91-36
ORDlllARCBj RESOLUCl'IOIlJ REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder, Miller Services, Inc. at a total cost of
$54.900. 1f{P/ tp~
rl'J
~
,
//
Department Head Signature:
Deteraination of Consistency with Coaprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available:~ NO
Funding alternatives: (if applicable)
Account No. & Desc\r~tion: i14Z-6 17~- 53(0. <0 1-~2.. 'N~I,..l... REHAB I RlSPL.AG, lAFGr2A(.;6
Account Balance: ~ lOOD
City Manager Review:
Approved for agenda: @/ NO uH
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
THROUG~RObert A. Barcinski. Assistant City Manager/
Administrative Services
/~
FROM: Ted Glas, Purchasing Officer ~
DATE: March 15, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 26, 1991 - BID AWARD - BID #91-36
RECONSTRUCTION OF DRINKING WATER WELL
Item Before City Commission:
The City Commission is requested to award contract to Miller
Services Inc.. at a total cost of $54,900. Per the Budget
Office, funding is from: 442-S/1i-s=3ft,.0/-gZ,
( WE /...L. R~ltM3, REPU\(... UP6QA-DF: ) .
Background:
Funds were allocated in the FY 90-91 Water & Sewer Budget
for well construction. A total of $_1~3/CCO was
budgeted for this work.
Scope of Service - Remove existing production well; provide
all equipment, materials and labor necessary to construct
the production well according to the drawings and
specifications.
Bids for this project were recieved on March 8, 1991 , from
three (3) contractors, all in accordance with City
purchasing procedures. (Bid 1191-36. 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, Miller Services, Inc. per attached memo.
Recommendation:
Staff recommends award to the low bidder, Miller Services,
Inc. at a total cost of $54,900. Funding as outlined above.
Attachments:
Tabulation of Bids
Memo from Environmental Services
pc William Greenwood
MEMORANDUM
TO: ~~l"!1s
PJ1~,MiJ,i-r~.Q,j-._~
THRU: William H. Greenwood, Director~~.
Environmental Services
FROM: Ernest A. Kaeufer, Assistant Director ./dI/f.?) kIlT (
Environmental Services ~
DATE: March 19, 1991
SUBJECT: RECONSTRUCTION OF A DRINKING WATER WELL AND OTHER
MISCELLANEOUS WORK PROJECT # 90-55, BID # 91-36
The scope of work is to reconstruct Well # 34 and redevelop
the new well. This work also includes the removal and
reinstallation of the existing pumping equipment, performing
various tests and drain testing the completed well and
pumping equipment. This project is required because the
existing well is not producing adequate raw water as origi-
nally constructed.
Refer to attached list. I called the first four (4) refer-
ences and Miller Services, Inc. was highly recommended for
this type of work.
The account in which this project is to be charged to is
442-5178-536-61.82. The budget for this account is
$183,000, however, there are an additional three (3) wells
to be rehabilitated at an estimated cost of $40,000 to
$45,000 each.
EAK: jaf
cc: L. Martin, Deputy Director Environmental Services
D. Haley, Superintendent Water Treatment Plant
Engineering Department (D)
EK90550
File: Project 90-55
'03/:l,fJ/9~ . 00:48 OFFI CE DEPOT 21 P,02
"
Mill.r Servicos, Inc.
13300 - 17 S. Cleveland Ave.
Suite 267
Ft. Myers, Florida 33907
t-Larch 18, 1991
Ernest A. Kaeufer, P.E.
City of Delray Beach
100 N.W. 1st. St.
Delray Beach, Florida 33444
Re: Public Utilities Project No. 90-55 & Bid No. 91-36
Mr. Karsuh.r:
To vorify the qualificlltiontl of Ern~Bt F. Payne dba Millers Services, Inc., to
pertorm the work on refennced projl:lct, please. c.ontact the following:
Pinellas County Florida
CleQrwate~, Florida
David Solena 813-9340981:f
Wesley Water Kesourses
l:!randon, Florida
Bob Wesley 813-6894288
Kety & Associates
Dunedin, Florida
Irvin Kety 813-7365592
Post, Buckley, Schuh & Jernigan
Hiarol, Florida
~il1 Pitt 305-3927275
Hardeo
Oneida, Tennessee
Bob Taylor 615-5698526
P08ton & Poston
Livingston, Tennessee
Ed Poston 615-8235585
If more information is needed, please contact me.
S?lZ4, 0
Ernest t. Payne ~
-V.P. Miller Services, Inc.
.
MARCH 08, 1991 CITY OF DELRAY BEACH
TABULATION OF BIDS
810 .91-36
RECONSTRUCTION OF A DRINKING WATER WELL
AND OTHER MISCELLANEOUS WORK
Miller Services Meridith Corporation Youngquist Bros. Inc.
VENDOR Inc.
ITEM
!
1. LUMP SUM $25,000.00 $12,500.00 $9.985.00
2, LUMP SUM $25,000.00 $42,117.00 $49.342.00
a (P/FT) $40.00/ft. $25.00 1ft. $ 0.0 1ft.
2b I P/FT) $110.00 /ft. $150.00 1ft. $150.00 1ft.
--
2c (P/FT I $150.00 /ft. $70.00 /ft. $50.00 1ft.
2d, ( P I ANA L Y . ) $500.00 lanaly. $150.00 lanaly. $10.00 lanaly.
---- ----
~e. I P/HRl $150.00 /hr. $75.00 Ihr. $30.00 /hr.
2f. (P/HRl $150.00 Ihr. $75.00 Ihr. $50.00 Ihr.
~g. (P/HRl $150.00 /hr. $75.00 /hr. $25.00 Ihr.
~h. (P/HRl $150.00 Ihr. $500.00 Ihr. $75.00 /hr.
2i. (P/HR) $300.00 /hr. $50.00 /hr. $50.00 Ihr.
3. LUMP SUM $4,900.00 $3,000.00 $3,610.00
I
TOTAL LUMP SUM
(EXCLUDE 21 $54,900.00 $57,617.00 $62,937.00
THROUGlUil
Cashier's Check Bid Bond Submitted. Bid Bond Submitted.
~OMMENTS I Submitted. Acknowledged Addendum Acknowledged Addendum
XCEPTIONS Acknowledged Addendum Ill. Ill.
Ill.
-
Agenda Item No. :
AGENDA REQUEST
Date: March 18. 1991
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: March 26. 1991
Description of agenda item (who, what, where, how much): Bid Award -
Truck Mounted Sewer Cleaner - Bid #91-22
ORDIHAHCEj RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low responsive bidder, Ray Pace's Waste Equipment Inc.
at a total cost of $62.403.75
~j ~P?,) ~
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: ~ NO
Funding alternatives: (if applicable)
Account No. & Descri~Von:Lj42..- 6nZ- ~?>>, bLJ.Q4 (H~WnUC r:=UJSH IN0 HltUr)
Account Balance: ;;<1 I (
City Manager Review: @/ NO tJY1
Approved for agenda:
Hold Until:
Agenda Coordinator Review: :/~)ql
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
~Administrative Services
.~
FROM: Ted Glas, Purchasing Officer ~
DATE: March 18, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 26, 1991 - BID AWARD - BID # 91-22
TRUCK MOUNTED SEWER CLEANER
Item Before City Commission:
The City Commission is requested to award contract to low
responsive bidder, Ray Pace's Waste Equipment Inc. at a
total cost of $62,403.75. Per the Budget Office, funding is
from: 442-SIl~-S?;Gc. !~4 -(if (-H~DRDLlC FL-Uc;HIN6
JJACH/ Nt ).
Background:
Funds were allocated in the FY 90-91 Water & Sewer Budget
for a truck mounted sewer cleaner. A total of $ 5<0 I qqg
was budgeted for this purchase.
Bids for this item were received on February 6, 1991 from
five (5) vendors. all in accordance with City purchasing
procedures. (Bid 1191-22. Documentation on file in the
Purchasing Office.) A tabulation of bids is attached for
your review.
The Environmental Services Department has reviewed the bids,
and recommends award to the low responsive bidder Ray Pace's
Waste Equipment Inc.
The lowest price was offered by Casso Equipment Sales as an
alternate bid. This equipment does not meet City
specifications in that the required safety containment
system on the hose reel was not offered. In addition the
hose reel is chain drive instead of direct drive as
specified.
Recommendation:
Staff recommends award to the low responsive bidder, Ray
Pace's Waste Equipment Inc. at a total cost of $62,403.75.
Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from Environmental Services
pc William Greenwood
Al Monteleone
'"
MEMORANDUM
TO: J~ie",C,~ey;;;,,~'iQ,.,S~.q:i.ald.st
THRU: William H. Greenwood, Director ~I/t./?
Environmental Services
Ernest A. Kaeufer, Assistant Director I/KIf 1;
Environmental Services
FROM: Al Monteleone, Superintendent
Water/Sewer Network
SUBJECT: TRUCK MOUNTED SEWER CLEANER
DATE: March 11, 1991
After reevaluating the tabulation of bids for the truck
mounted sewer cleaner and the specification submitted by the
venders.
I recommend that we award the bid to the company that
met all of our requirements, Ray Pace's Waste Equipment Inc.
for a total cost of $62,403.75.
~~~
Al Montel6'one
AM: jaf
cc: W. Greenwood, Director, Environmental Services
E. Kaeufer, Assistant Director, Environmental Services
AMSWGR13
FILE: Memo to Purchasing
.
CITY OF DELRAY BEACH
FEBRUARY 06, 1991 TABULATION OF BIDS
BID #91-22
ONE (11 TRUCK KOUNTED SEWER CLEANER
------------------------------------------------ ---------------------------------------------------- -----------------------
VENDOR Ray Pace's Waste Ray Pace's Waste Southern Sewer Casso Equipment
Equipment Inc. Equipment Inc. Equipment Sales Sales
----------------------- ------------------------ ------------------------- -------------------------- -----------------------
ONE (11 NEW TRUCK
MOUNTED SEWER - $ 62,403.75 $ 62,666.75 ** $ 63,140.00 $ 63,222.00
CLEANER
TOT AL LUMP SUM
----------------------- ------------------------ ------------------------- ------------------------- ~------------------
MAKE: Super Products Super Products SRECO AquaTech
----------------------- ------------------------ ------------------------- -------------------------- ------------------------
MODEL: MRJ1565 ,MRJ1565 HVlOOOTM/H i SJ
----------------------- -~~~~-~~~~~~:-----t15~;~~~~::------ j --:~:-~~:~ns --- ~50:-~a~10=_--;
~ATER TANK
CAPACITY:
----------------------- ------------------------1------------------------- ------------------------- -----------------------~
TRUCK CHASSIS
YEAR J MAKE: 1991 Ford 1991 GMC 1991 GMC 1991 Ford
----------------------- ------------------------ ----------------------- ------------------------ -----------------------
TRUCK CHASSIS C7H042
MODEL: F-800 CAT 3116 F-800
C7H042 Topkick
----------------------- ------------------------ ------------------------ ------------------------- -----------------------
120- 140 120 - 140 180 calendar 120 - 150
DELIVERY TIME calendar days calendar days days calendar days
----------------------- ------------------------ ------------------------- -I--yr -agalnsi------ D~~~;~;ta-~i;;---
Documentation Documentation
WARRANTY : submitted submitted mater~al I work- submitted
mansh1.p
----------------------- ------------------------ ------------------------ ------------------------- -----------------------
LOCATION OF NEAREST Ray PAce's Waste Ray Pace's Waste Southern Sewer Casso Garage
FULL SERVICE CENTER Equipment Inc. Equipment Inc. Equipment Sales Pompano Beach
_~~~~__!!.~l~ood West _ Holl~o~_~__ Fort Pierce
----------------------- -------- ------------
Casso has a full
COIfHENTS J ** Alternate service and part
EXCEPTIONS Bid center in
Pompano Beach.
We also have
mobile service
crews.
Alternate Bid:
$60,444.00
SJR 1500 gal.
1991 Ford, wi
F-800 chassis.
I
I
CITY OF DELRAY BEACH
FEBRUARY 06, 1991 TABULATION OF BIDS
BID 191-22
ONE (11 TRUCK KOUNTED SEWER CLEANER
------------------------------------------------ ---------------------------------------------------- -----------------------
VENDOR Municipal Sales Municipal Sales Southland
& Leasing & Leasing Equipment Corp.
----------------------- ------------------------ ------------------------- -------------------------- -----------------------
ONE (11 NEW TRUCK
MOUNTED SEVER - $ 63,873.00 $ 65.181.00 $ 71,879.00
CLEANER
TOTAL LUMP SUM
----------------------- ------------------------ ------------------------- ------------------------- -~--------------------
MAKE: GMC/Guzzler FORD/Guzzler Peabody Myers
----------------------- ------------------------ ------------------------- -------------------------- ------------------------
KODEL: J-1565-D , J-1565-D 850-1500 Jet f
----------------------- -~~~~_;;:;;:----------j--;-5~~-;;:~-:----------;-~:;:~~-;~~:::-------- -----------------------
VATER TANK
CAPACITY: -~~~!O~~----------t__~-!?-""'-------------1------------------------- -----------------------"
---------------------
TRUCK CHASSIS
YEAR I MAKE: 1991 GMC 1991 Ford 1991 GMC
C7 H042
----------------------- ------------------------ ----------------------- ------------------------ -----------------------
TRUCK CHASSIS
KODEL: C-7H02 F-800 C7 H042
----------------------- ------------------------ ------------------------- ------------------------ -----------------------
90 - 135 90 -135 90 days
DE~IVERY TIKE calendar days calendar days a.r.o.c.
----------------------- ------------------------ ------------------------- ------------------------- -----------------------
Documentation Documentation
VARRANTY: submitted submitted Full Year
----------------------- ------------------------ ------------------------ Dynamic-Hydraul[c- -----------------------
LOCATION OF NEAREST Dynamic Power Dynamic Power
FULL SERVICE CENTER Hydralics * Hydraulics * Power Supply
Miami, FL Miami, FL Miami, FL
----------------------- ----------------------- ---------- ------------------------ -----------------------
*Municipal Sales *Municipal Sales
COHl(ENTS I & Leasing also & Leasing also
ElCEPfIOIlS provides on site provides on site
service by our service by our
own factory own factory
trained service trained service
personnel in our personnel in our
truck. truck.
I
I
,
Agenda Item No.:
AGENDA REOUBS"r
Date: March 19, 1991
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: MArch 26. 1c)c)1
Description of agenda item (who, what, where. how much): Contract Award -
Photographic supplies - Annual Contract. Co-op Bid ~91-007/PR
ORDIBARCBj RESOLtrrIOB REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low responsive bidder, Photoline Supplies, Inc.
at estimated annual cost of $17,800.
tl J{~ ~
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: 1hi"ol{~ ~" ob '",-~+ (' 0 k..- ..5 S. t.j 5
Account Balance: J
r: \ "" S-U.f f \,',< "::.
City Manager Review:
Approved for agenda: @/ NO M
Hold Until:
Agenda Coordinator Review: ?/~/q ( ~,
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
~Administrative Services ./
FROM: Ted Glas, Purchasing Officer ~~
DATE: March 19, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
MARCH 26, 1991 - CONTRACT AWARD -
PHOTOGRAPHIC SUPPLIES - CO-OP BID
Item Before City Commission:
City Commission is requested to award annual contract for
photographic supplies to low responsive bidder, Photoline Supplies,
Inc. at an estimated annual cost of $17.800. Per the Budget
Office, funding is from:
( ) .
Background:
Various City Departments have need of an annual contract for
photographic supplies as noted on attached form titled "City of
Delray Requirements".
The City of Boca Raton is the lead agency for this co-op contract.
Bids were received on March 12, 1991 from five (5) vendors.
The low bid submitted by HPI International is unresponsive.
Specifications require delivery costs to be included in all bid
prices. HPI, from Brooklyn, New York, took exception to this
requirement.
The second low bidder, Photoline Supplies, meets Co-op requirements.
Recommendations:
It is recommended that this annual contract be awarded to low
responsive bidder, Photoline Supplies. Inc. at an estimated annual
cost of $17,800. Funding as outlined above.
Attachments:
Tabulation of Bids
City of Delray Requirements
Memo from City of Boca Raton
"
"tl
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Agenda Item No. :
AGENDA REQUEST
Date: 3/18/91
Request to be placed on:
X Regular Agenda
Special Agenda 3/26/91
Workshop Agenda When:
Description of item (who, what, where, how m~chl:
Community policin~ ~roject agreement w1th Flor1da tlanL1c
University for $7 , 33.00.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation),
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
- -
Recommendation: Interim Police Chief recommends approval.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55),
~Department Head Signature: .
;?'7H-, a,~~
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: 112 2172 521 33.15 LctJ'sl.ltT/Jj 6-
Account Balance: S 8, :500
,
City Manager Review:
Approved for agenda: &iJ NO {?vI
Hold Until:
Agenda Coordinator Review:
Received: f
-
Placed on Agenda:
Action: Approved/Disapproved
Delray Beach Police Department
300 West Atlantic Avenue · Delray Beach, Florida 33444-3666
(407) 243-7888 Fax (407) 243-7816
RICHARD M, LINCOLN
Interim Chief of Police
MEMORANDUM
TO: David T, Harden, City Manager
FROM: Richard M, Lincolnf~nterim Police Chief
DATE: March 18. 1991
SUBJECT: COMMUNITY POLICING PROGRAM
Attached you will find agenda requests regarding payment to
Florida Atlantic University and Dr. Michael Wiatrowski for
services that have been rendered as well as future services
encompassing the Community Policing Program, As you recall. the
expenditure of these Law Enforcement Trust Fund dollars was
approved by the City Commission on December 11, 1990.
If further information is needed. please contact me,
RML/ppt
AN INTERNATIONAllY ACCREDITED lAW ENFORCEMENT AGENCY
FLORIDA ATLANTIC UNIVERSITY
SPONSORED RESEARCH
AGREEMENT
nilS AGREEMENT is entered into by and between IP l,.."y !'.oArh Pl'lli rp IPj)"rt'nFnt"
:nJ W, Atlantic Ave Ii~: ~~W.) 33444
a
(Corporation, AssOCiation etc,) (Address)
under the laws of the State of Florida
(Name of State)
hereinafter called "'Grantor" and FLORIDA ATLANTIC UNIVERSITY, a member of the UniversitY System of the State of Aorida,
hereinafter called "UniversitY":
The Grantor desires to have access to data, conclusions, and products of research and development investigations pertaining to
Grantor's business activities, The UniversitY intends to conduct a research project to provide the desired information,
For and in consideration of the mutual promises hereinafter made, the parties agree as follows:
The~ent~j_ce Criminal Justice ,through the Division of Sponsored Research, of Florida Atlantic UniverSity,
Boca Raton, Florida, will develop and carry out a research project to be known as: J"bl~y Pc::v-h rf""ll'Wftrn;t-i Pf"\liro c:...1T""1'Q~
Described as follows: (Project itle)
See Attached Project Goals
The Director of this Project will be f),.. w W; ::;);rrnd.-i of the
College of wi,ql vianro. . of Florida Atlantic UniversitY, The Proiect Director shall have
responsibilitY for technical direction of the Project, the administration of Project Funds, and for preparation and submission of wfltten
or oral reports to Grantor, Students, staff members, or members of the UniversitY facultY who participate in this Project will, while
engaged, be under the technical and administrative supervision of the Project Director, or the Director of Sponsored Research,
Assignment or commitment of laboratory space and ancillary facilities for the execution of this Project will be made by the
Chairman of the participating Department, upon approval of the Dean of the participating College. Participation of UnivefSlty
personnel in this Project will require written approval by the Chairman of the participating Department and the Dean of the participating
College. The Project Director will be responsible for adhering to all applicable rules and policies of the participating Department, the
College, and the UniversitY, If the Grantor requests exclusive proprietary rights to research results, or securitY clearance for personnel,
this Agreement must be reviewed and approved bv th& UniversitY R.search Committee before being executed.
Grantor shall pay to the University the sum of S 75,633 , and/or costs incurred up to the
limit of S 70 ~11 to help defray .xpenses for materials, equipment, and manpo_r required to carry out this
' .
Project, in the following manner:
(1) S 18. 'U3. 2S upon execution of this Agreement, (1/1/91)
(2) S 1~ ~ 2~ lR ~ 2~ rln~ lR ~ 7S on ,,/1 R/l "nti ,1? 111/Q1
(31 Other conditions: ~re9I1F'lIt L<; fl'lllr 4 MVlIRlts of $1 R ~ 7~
Grantor shall provide no compensation to University faculty, staff, or students for participation in this Project, There shall be no
impedIment, however, to the rendering of consultation services for compensation by University employees to the Grantor, prOVided that
such consultation does not violate any provision of the University or Board of Regents rules,
All equipment and supplies purchased with funds obtained as a result of this Agreement become the property of the University,
Commercial rights, including copyrights and patent rights to the information and products developed in the course of this Project,
shall be as follows: W' A
Notwithstanding the foregoing, any information, materials, or products resulting from this Project shall be available royalty-free
to the State of Florida and its agencies for use in carrying out state functions,
This Agreement is contingent upon receipt by Florida Atlantic University of funds from Grantor II set out above, The Project
will commence on or about 1/1/91 and will continue until 12/31/91
(Date) (Dat.1
This PGreement is subject to the Laws of the State of Florida.
IN WITNESS WHEREOF, the parties have set th.ir hands and seals on the dates appearing below.
~y Peach Police Dept
Gr~r. ,
W. Atlantl.c Averwe
~y Peach. FL 33444
Addreu
(Date I By:
ATTEST:
(Date) By:
P....iden. 01' DesigMe
Floridol "'.'_Ie Un-.,
ATTEST:
SR-2 R...., 2/82
Distribution: White, arantor: Green. Project Director: Vellow, Diy. SoonloreG .....'en; Pfnk, arantland Contracts: Qotd. COli... De.n or OtIDart",ent ......43.
,
University Budget
Personnel Expenses
Dr. Wiatrowski Summer 1991 .75 FTE $10,870
Dr. Campo verde Summer 1991 .5 FTE 6,449
Graduate Student 10,000
Secretary 2,000
$29,319
Project Expenses
Dr. Campoverde as consultant for Spring $ 2,500.,5
Five Adjunct Positions at $2,500 each 12,500 ()
Survey of police department - 200 at $20 4,000
Survey of community - 800 at $20 16,000
Travel 2,500
Computer Time 1,500
Reproduction 1, 500
$40,500
Subtotal 29,319
Indirect Expenses 5,814
Total 75,633
Please note that the use of adjuncts will allow for the utilization
of Dr. Campoverde during the Fall at a .25 FTE and Dr. Wiatrowski
during the Spring and Fall at a .4 FTE rate.
.
j 0_..., '<'-.J
..
Project Goals for Delray Beach Community Police project
The following narrativo describes the activities which will be
conducted in the Delray Beach Community Police Project
1 . Develop selection criteria Gnd develop training program for the
community police officer program
:2 . Conduct training pro9ram for community police officers.
3. Develop and select areas for the community police program
4. Develop initial survey instrument and conduct survey of
neighborhoods.
5. Develop initial survey instrumen~ and conduct survey of the
department.
6. Develop and implement community organization program
7. Work with the department in developing community and
governmental resources to implement community policing program.
8. Examine characteristics of target communities and develop plan
to foster community organization
9 . DevelOp strategy to stabilize communities with community
pOlicing program. \
.
10. Conduct follow up survey of community and department on the
status of community policing program and prepare report.
.
"
SHORT RANGE GOALS 45-60 DAYS
1. Conduct Familiarization Training
a. Develop a two hour orientation program on community
policing to be given in training sessions to small groups. This
will need to be offered six or eight times to facilitate the
involvement of the officers in the discussion.
2. Officer Selection
a. During the familiarization training, officers will be
invited to apply for the community policing positions.
b. The selection process needs to begin identifying criteria
describing the functions of the community policing officers in the
community.
c. We should begin to identify the training requirements for
the community police officers.
3 . Neighborhood Identification
a. We may wish to obtain census data on neighborhoods in
Delray Beach to document characteristics of the communities.
b. We should survey neighborhoods to determine problems and
priorities.
c. We need to develop a framework to extend the community
policing perspective to all neighborhoods of the city. The problem
solving orientation should be developed as an integral part of the
police officer function. Communities differ in their problems and
concerns. This will place the officers in a proactive and
preventive orientation in their performance that is responsive to
every neighborhood in the city.
4. Solicit Community Support
a. We should begin identifying community representatives and
involving them in the design and implementation of the program.
b. We should describe the relationship of community policing
to community development.
c. We should begin to develop a mechanism for training
citizens in understanding and implementing the goals of community
policing and community development. We may want to develop a
weekend or evening resident community academy. The goal of this
would be to assist the community in becoming more effective as a
community and understanding the police role in the process.
5. Survey department
a. survey of department, to establish baseline information on
the implementation of community policing.
INTERMEDIATE GOALS 60 TO 150 DAYS
1. Identify community, governmental and social agency resources
a. An important goal here is to apprise the ci.ty governmental
agencies of their integral role here in community policing and to
integrate their efforts.
b. A model of the community should be developed which
integrates the roles of housing, economic development, education,
,"
community social services, and community policing.
2. Survey neighborhoods
a. Develop instrument to survey neighborhood to develop
baseline information on crime, community problems, fear of crime.
b. Develop criteria for selection of neighborhoods
c. Select target neighborhoods.
3 . Establish community policing substation
a. Develop relationship with housing to establish substation.
b. Formation of community group and identification of
community concerns.
c. Develop community leadership and skills
4 . Identify contributing factors
a. Using survey, community and police problem solving
techniques,
b. Develop community plan for implementation
5 . Develop reporting system for police officers
a. Here it is critical to develop an accountability system
which avoids the traditional measures of police accountability and
which measures the impact of the officer on the community in
relation to community policing goals.
6. Advanced trainIng for community police officers
a. A training course which develops the skills and
orientation of officers to community policing philosophy.
-crime and problem analysis
-interpersonal and community organization skills
-governmental and agency relation skills
7. Begin process of community development in consultation with
community, government and agencies in relation to designated areas.
8. Begin the process of orienting the entire department to the
principles of community policing.
a. Extension of community policing skills to the department.
LONG RANGE GOALS
l. Conduct survey after one year of the neighborhood and community
and the police department of the implementation of community
policing.
a. After a one year period the department and officers will
be resurveyed
2. A critical assessment of the implementation of the community
development plan will be conducted after one year
3. Maintenance of neighborhood improvements to the community.
a. neighborhoods should be assessed to determine if the
improvements have been made permanent.
,'"
,
4. A critical assessment of the integration of community policing
into the entire department will be conducted.
,
..
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER /!J:!j
SUBJECT: AGENDA ITEM #/ ,a - MEETING OF MARCH 26, 1991
REQUEST FOR CONDITIONAL USE APPROVAL
DATE: March 20, 1991
At the applicant's request, this item was removed from your February
12th agenda, We have received a request for conditional use approval
to establish a commercial passenger loading area and boat ticket sales
office on the east side of Palm Square just south of East Atlantic
Avenue,
Stillwater Sightseeing Cruises is proposing to berth and operate a
boat from the vacant parking lot at 840 E, Atlantic Avenue, The sixty
five foot, double deck, replica steamboat would carry passengers north
and south along the Intracoastal Waterway; daily between the hours of
10 a,m, and 3 p,m. Evening cruises will be offered Wednesday through
Saturday from 7 p,m to 10 p,m, Meals (lunch and dinner) will be
available on all cruises, The vessel will berth directly east of the
parking lot and just south of the Canal Street Restaurant, A
gangplank will be provided for boarding and unboarding of passengers,
The Historic Preservation Board at their January 16th meeting
recommended denial of the conditional use request based upon a
consensus that the operation of an excursion boat adjacent to a
residential area (Marina Historic District) was inappropriate, The
Community Redevelopment Agency supported the rezoning and associated
conditional use to extend the parking area, However, they did not
support the boat operation at the proposed location and suggested that
a site north of the Atlantic Avenue Bridge be considered,
Subsequently, the Community Redevelopment Agency reconsidered the
request and recommends approval of the conditional use subject to the
construction of a barrier with a "break through" or cul-de-sac which
would stop the traffic from going through Palm Square, Residents
attending the CRA's meeting were supportive of this recommendation,
The Planning and Zoning Board at their January 28th meeting
recommended approval, (6-1 vote) , subject to conditions, A detailed
staff report is attached as backup material for this item,
It is my recommendation that the Commission either approve the
Conditional Use request as presented and recommended by the Planning
and Zoning Board, or to deny the request, To close Palm Square would
cause serious traffic circulation problems affecting a large area.
Also police and fire department access to many properties along
Atlantic Avenue from Seventh Avenue east to the ocean would be
adversely affected, This problem could be avoided only if the two
blocks on the south side of Atlantic Avenue from the Intracoastal to
Seventh Avenue were largely redeveloped,
Please note that this request should be considered following action on
Ordinance 23-91 (rezoning petition) which is on your agenda for first
reading,
'"
~ .
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
~~ ~~~O'\I\
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 26, 1991
CONDITIONAL USE APPROVALS/COMMERCIAL PASSENGER LOADING
AREA AND BOAT DOCK (Marina Historic District)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a conditional use request for a commercial
passenger loading area under Central Business District
Zoning.
There is a related item on this agenda i.e. First Reading of
a rezoning ordinance (RM to CF) which, if approved, will
accommodate the parking needs for this use. On a subsequent
agenda, there will be consideration of a conditional use
request which specifically approves the parking lot (that
action cannot officially be taken under the rezoning if
consumma ted) .
The project is for a Stillwater Intracoastal Cruise Boat
passenger loading area. It is to be located immediately
south of the Canal Street Restaurant (formerly The Bridge).
It is located within the Marina Historic District.
BACKGROUND:
This item was before the City Commission previously but was
continued, without discussion, by request of the agent.
Subsequently, the agent went before the C.R.A. fOl
reconsideration and has received their qualified endorsement. A
letter from Frank Spence re the C.R.A. recommendation is
attached.
Please refer to the previously prepared staff report and
attachments thereto for the project description and analysis.
REVIEW BOARD CONSIDERATIONS:
The Planning and Zoning Board formally reviewed this item at a
duly noticed public hearing and recommended approval of the
passenger loading area (cruise operation). They also recommended
approval of the rezoning and the expansion of the parking area.
'"
.
City Commission Documentation
Conditional Use Approvals/Commercial Passenger Loading
Area and Boat Dock (Marina Historic District)
Page 2
The C.R.A. initially recommended denial of the boat operation at
this site and suggested 'Chat it go north of the bridge. They
suppor'Ced the rezoning and the expansion of the parking area.
The Historic Preservation Board recommended denial of the boat
operation. They did, however, support the rezoning and the
expansion of the parking area.
The D.D.A. supported the use and the parking lot expansion.
** Please see the previous staff report for more explanation
of the recommendations. **
ADDITIONAL STAFF COMMENT:
The C.R.A.ls revised recommendation finds that the use is
acceptable. It raises concerns, however, about traffic impacts
and ties approval to the termination of through traffic along
Palm Square. There are two problems with this recommendation:
l. There is a left turn restriction from Palm Square onto
Atlantic Avenue. This restriction is mandated and
controlled by the FDOT. Thus, imposition of the termination
of traffic flow along Palm Square without an arrangement to
accommodate westbound traffic is not acceptable.
2. The C.R.A. does support the expansion of the parking area
regardless of whether or not the boat operation exists.
With the parking area expanded, there will be utilization of
it for other uses (retail, service, office, restaurant).
Thus, the traffic impacts along Palm Square (south) will
occur whether the boat operation exists or not.
Thus, it seems inappropriate to tie the boat operation to the
termination of through traffic along Palm Square. It may be more
appropriate to proceed along the following lines:
Approval of the boat use conditioned upon an expansion of
the parking area; then approval of the conditional use
parking lot only upon the termination of through traffic
along Palm Square and the provision of a suitable method of
accommodating west bound traffic (e.g. continuation of the
parking lot directly to Seventh Avenue and an associated
abandonment of the north portion of Palm Square as a public
street) .
-".'-~"--'
City Commission Documentation
Conditional Use Approvals/Commercial Passenger Loading
Area and Boat Dock (Marina Historic District)
Page 3
RECOMMENDED ACTION:
By motion, approval of the requested conditional use for a
passenger boat loading area pursuant to the findings and
conditions as recommended by the Planning and Zoning Board with
the additional condition that the parking lot expansion be
achieved.
Attachment:
* Spence memo of March 19th
* Previous P&Z Staff Report & Documentation (City Clerk)
DJK/#77/CCBAOT2.TXT
'"
CD Community
Redevelopment
-a Agency
Delray Beach
C:R,~ M:E:~O - Ag~~~? Re:J,at~,q
TO: David Kovacs, Director
Dept. of P1=:Jnn";Mt'"'T & Za!1irlq
- - _............-.....~ Dir9ctcr~
FROM: Fr=.r..k R. _~1""\;:::'Ti ,...p Ezecuti'l8
--1':""'................--,
DATE: M2rch 19, 1991
S T_TB JE ':'1' : Conditional TJse Req'..lest to Per~it CO!!!..."!lercial
Boat Landing - Palm Square
At th9 ~eg'.2.1a~ Tf,oct" ~ ""'rr nf" the CRA on February )~ 1991
.... -- ...... --.............., - - - - ,
the CRA he2rd addition21 t-oc::t-;.,.,~l"'l" on th9 abo'19 ,....~("Tll~C;-
--- .....-.....--.....1 --""'1.----
from Digby ~,......;~,...,.o<:: architect ar..d aq9r..t for t.he owr..ers
----...,--,
and Dar..e Mark, Captain of the boat that r,.lar~ts to load
passengers at. ' h. site. Additior..ally. residents fro~
t....:!.S
Pal~ $ qt.!.2.re were also preser!.t and spoke on the :r-equest..
The CRA ~e:!~a 1.!1 S cor..cerned about the traffic t.hat would
be generated by this Co~:'!:ercial acti'vit,/ goir..<=; sout.h
throuqh the residential neiqhborhoods of Pal~ Squa::-e 2nd
the Mari::la Historic District, Therefore, it ~s the
reco~:'!:endation of the CRA, by unani:'!:ous vote, to approve
the req'..lest nrovided that a "break-through" fence 0.!:'"
1:::.__.__
c+-'hQr b2rrier be cor..structed across Pal:'!: Square t':,\
........-- prevent co~~ercial traffic and C'..lstomers of the boat fro:'!:
qair..ing vehicular access south 0:!1 Pal", Sq'..lare,
cc: David Harden, City Manager
City Clerk's Office (Cheryl)
1 S,E, 4th Avenue, Suite 204, Delray Beach, Florida 33483 (407) 276-8640
liJ ,.1, d I 00000 iii'I' i'llll/tiill .~D~
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CD Community c~ {h/~
(?J'u7 e
Redevelopment
-a Agency ,
Delray Beach
CRA MEMO - Aaenda Related
TO: David Kova;cs; Director
Dept:. of Planning & Zoning ~
FROM: Frank R. Spence, Executive Director
DATE: March 19, 1991
SUBJECT: Cbnditional Use Request to Permit Commercial
Boat Landing - Palm Square
.
At the regular meeting of the CRA on February 28, 1991
the CRA heard additional testimony on the above request
from Digby Bridge~, architect and agent for the owners
and Dane Mark, Captain of the boat that wants to load
passengers at this site. 'Additionally, residents from
Palm Square were also present and spoke on the request.
The CRA remains concerned about the traffic that would
be generated by this Commercial activity going south
through the residential neighborhoods of Palm Square and
the Marina Historic District. Therefore, it is the
recommendation of the CRA, by unanimous vote, to approve
the request provided that a "break-through" fence or
other barrier be constructed across Palm Square to
prevent commercial traffic and customers of the boat from
gaining vehicular access south on Palm Square.
cc: David Harden, City Manager
City Clerk's Office (Cheryl)
1 S.E. 4th Avenue. Suite 204. Delray Beach, Florida 33483 (407) 276-8640
'"
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: SON MACGREGOR-HARTY, CITY CLERK
Ov- ~\~ :VOUClCJ-
FROM: -DA D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
CONSIDERATION OF CONDITIONAL USE APPROVAL FOR A
COMMERCIAL PASSENGER LOADING AREA AND BOAT TICKET SALES
AND FOR THE USE OF PROPERTY UNDER C.F. ZONING FOR A
PARKING LOT (Marina Historic District)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of two conditional use requests.
One is for expansion of a parking lot onto property which is
to be zoned C.F.
The other is for establishing a commercial passenger loading
area and boat ticket sales for a proposed Intracoastal
excursion boat business.
The parking lot is to be located east of Palm Square
adjacent to residential property. The boat ticket sales
facility is to be located near the rear of the Canal Street
Restaurant on land zoned C.B.D. The boat itself is moored
in the Intracoastal Waterway.
While the requests are for separate and distinct uses, they
are being considered together since it is necessary to have
the parking for on the C.F. property to accommodate demands
generated by the boat operation. However, the parking on
C.F. property can stand alone and is not dependent (as a
land use) upon the boat operation request.
BACKGROUND:
These conditional use requests were submitted concurrently due to
the need to alter the existing parking area in order to provide
adequate traffic circulation for the proposed boat operation.
Please review the attached Planning and Zoning Board staff report
for a complete description of the proposed uses, the concept
design plans for the parking area, and an analysis of the impact
of the proposed uses.
City Commission Documentation
Consideration of Conditional Use Approval for a
Commercial Passenger Loading Area and Boat Ticket Sales
And for the Use of Propety Under CF Zoning for a
Parking Lot (Marina Historic District)
Page 2
In short, the parking request will allow redesign and expansion
of the existing parking area in a manner which is more functional
and which provides for upgrading required landscaping (internal
and perimeter) and pedestrian circulation.
The boat operation involves the loading of passengers at the
existing seawall. Currently this business oper~tes in a similar
manner in Boynton Beach. Note that there of several concerns
regarding the boat operation within the Intracoastal Waterway.
These concerns are addressed by recommended conditions of
approval which call for various agency approvals prior to final
site plan consideration.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at its
meeting of January 28th at which time a duly noticed public
hearing was held.
There was public opposition to the requested conditional uses.
This opposition was voiced primarily from residents of the Marina
Historic District. A petition in opposition was provided from
residents who lived along MacFarlane Drive (opposite side of the
Intracoastal). There were residents of the area and others who
spoke in support of the request.
Comments included the following:
Bar Harbour Apartments: opposition based upon traffic, noise,
and congestion within the waterway.
Beach Property Owners Association (Elizabeth Matthews) :
opposition based upon noise and concern with the bridge
operations.
Marina Historic District Residents (Mrs. Riley, Mrs. Stewart, Mr.
Roberts, Mr. Nagy, Mr. Scanlon, Mr. Miller, Ms. Smith) opposition
based upon items such as the parking situation, that the use
would not add to the area, incompatible use and noise. Also, Ms.
Randall.;) resident east of the Intracoastal and shop owner- on
Atlantis spoke in opposition.
James Bowen felt that Corps of Engineer and other approvals
should be received prior to conditional use consideration.
Marina Historic District Residents (Ms. Turner, Mr. Rabb) spoke
in support. Also, Mrs. Bacarr~resident east of the Intracoastal.>
spoke in support.
"
City Commission Documentation
Consideration of Conditional Use Approval for a
Commercial Passenger Loading Area and Boat Ticket Sales
And for the Use of Propety Under CF Zoning for a
Parking Lot (Marina Historic District)
Page 3
Dominic A. De Ponte, Marine Way resident, provide a letter in
which he claims that the process and application of the code is
illegal. His letter(s) are attached. The Planning and Zoning
Board considered his positions prior to their action. The City
Attorney will be prepared to comment on Mr. De Ponte's position.
Please refer to the documentation provided for the rezoning
action for further comments.
Following review of the staff report, hearing from the applicant,
considering the above referenced testimony and considering the
recommendation of other advisory bodies, the Planning and Zoning
Board, on a 6-1 vote (Naron dissenting), recommended approval of
both requests, subject to conditions. The conditions are shown
on page 8 of the Staff Report. They were modified as follows:
Item b: specifically citing Scheme B (Sketch Plan)
Item m: add: that the applicant make a reasonable good
faith effort and take the necessary steps to have
the left turn restriction from Palm Square onto
Atlantic removed.
REVIEW AND RECOMMENDATIONS BY OTHER ADVISORY BOARDS:
Historic Preservation Board: Opposition to the request for the
boat operation with a consensus that that an excursion boat was a
suitable commercial venture to attract people to downtown Delray
Beach but that its proposed location, adjacent to a residential
area within the Marina Historic District, was inappropriate. The
Board did support the rezoning and conditional use request for
the expansion of the parking area.
Community Redevelopment Agency: Support for the expansion of the
parking area. Opposition to the boat use. Suggested that the
boat operation be conducted north of the bridge and that it be
considered as a part of the Veteran's Park project.
Downtown Development Authority: Consensus to allow the rezoning
and the proposed uses. Suggestion to mitigate traffic and
parking concerns was to consider that, in conjunction with the
Veteran's Park project, a walkway should go under the Atlantic
Avenue bridge; thus allowing the boat to load and unload north of
the bridge in the evening hours and also to filter some of the
parking to the public lot at Veterans Park.
..'--.--.-
City Commission Documentation
Consideration of Conditional Use Approval for a
Commercial Passenger Loading Area and Boat Ticket Sales
And for the Use of Propety Under CF Zoning for a
Parking Lot (Marina Historic District)
Page 4
ALTERNATIVE COURSE OF ACTION:
Since conditional use approvals for either use cannot be
effective until such time as the rezoning (RM to CF) is
effective, the Commission may opt to withhold its decision until
completion of the hearing process on the associated rezoning
(February 26th). Alternatively, both requests can be acted upon
with an additional condition that they not be effective until the
C.F. rezoning is in place.
In either event, the City Commission should take testimony at
this time. If the Commission is not supportive of the
conditional use for the boat operation, it is appropriate to deny
it at this time.
RECOMMENDED ACTION:
By motion, approval of both conditional use requests (expansion
of parking onto property under C.F. zoning) (excursion boat
operation and passenger loading area) pursuant to the
recommendation of the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of January 28th for both
the rezoning and the conditional use requests.
* Letters from Dominic De Ponte.
DJK#77/CCBOAT.TXT
'"
/
PLANN'I NG 8 ZON I NG BOARD
- -- STAFF REPORT - --
CITY OF DEL RAY BEACH Kbu frS
MEETING mTE: JANUARY 28. 1991 Sa. C~ r\ ~
AG~ ITEM: IlI-.B. ~ if1t. ~ N-
REZONING FROM RM TO CF ON APPROXIMATELY 0.13 ACRES IN ORDER TO ACCOMMODATE
ITEM : PARKING FOR COMMERCIAL USES. THE AREA IS LOCATED BETWEEN COMMERCIAL ZONING
AND RESIDENTIAL ZONING ON THE EAST SIDE OF PALM SQUARE. SOUTH OF ATL&~llC AVE.
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GENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Coastal Properties
Gedney Station, New York
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Digby C. Bridges
Location........................On the east side of Palm Street,
just South of East Atlantic
Avenue.
Property Siz....................O.1388 Acre.
City Land Use Plan..............Medium Density 5-12 du/acre
City zoning.....................RM (Resid.ntial Medium)
Adjacent Zoning.................North and West of the subject
property i. zoned CBD (Central
Busines. District). South of the
subject prop.rty i. zoned RM
(Residential Medium), and the
Eastern border abuts the
Intracoastal Waterway.
Existing Land Use...............Vacant
Proposed Zoning.................CF (Community Facilities) for a
parking lot.
Water Service...................2" water main ~along Palm
Street.
Sewer Service...................8" sanitary sewer line along Palm
Street.
ITEM: IlLB.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Rezoning of Lots 58 and 91 from RM to CF. The property is
located south of Atlantic Avenue, east of Palm Square and west of
the Intracoastal Waterways.
BACKGROUND:
The subject of future use of these Lots was before the Board at
its meeting on November 17, 1990, when there was a determination
of similarity of use relative to a Commercial Boat Landing. It
was determined that the use is similar to other uses such as
restaurants and places of assembly for commercial entertainment
purposes. Because of its unique character, the Board also
determined that it be allowed as a conditional use.
At the same meeting, the parking issue was discussed. Pursuant
to 4.4.13(G)(1) the CBD parking requirement of I space per 300
sq. ft. would apply. The Board felt that since this use was
unique in nature, that no additional formal parking requirements
should be established, however at time of site plan approval they
would be looking for more than the required 10 parking spaces.
The subject lots were to be a part of the new parking area.
June 1986, the subject property was discussed as an additional
parking area for the Patio Delray. When the Patio Delray was in
for Conditional Use and Site Plan approval, the Planning and
Zoning Board determined that there were 14 parking spaces
required in addition to those at the exact location of building.
The subject site parking was discussed among the Downtown
Development Authority, the Community Redevelopment Agency and the
owners of the property. A proposal was put forward that the City
would buy the parking lot and the Patio Delray would pay for the
improvements of the 14 spaces. However, when the petition went
to City Council, no mention was made of the proposal and nothing
was pursued following that.
With the additional parking, as related to the Patio Delray, it
should be noted that the residents in the surrounding
neighborhoods had concerns with traffic which would travel
through their neighborhood.
PROJECT DESCRIPTION:
The associated development proposal is to construct a boat sales
ticket office with an attendant parking lot. The boat will take
pleasure cruises on the Intracoastal Waterways. It is the intent
of the owner to provide 31 parking spaces specifically for the
boat. The parking is to be developed in conjunction with the
Bridge Restaurant lot to the north At present, that parking lot
'"
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 2
has 40 spaces. The Bridge Restaurant is requesting a 980 sq. ft.
deck expansion. The expansion requires 4 additional parking
spaces. In total 75 parking spaces are to be provided. It is
necessary to rezone lots 58 and 91 to CF in order to use the
property as a parking lot. The current zoning RM precludes such
use.
ZONING ANALYSIS:
This parcel is currently zoned RM. The surrounding zoning is
CBD to the north and northwest, to the east the parcel abuts the
Intracoastal Waterways and to the south RM. Immediately to the
west there are lots zoned RM which are in a similar situation
(ie. parking potential only).
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 semi-public purposes.
Pursuant to Section 4.4.21(C)(8), privately operated parking lots
and garages are allowed as a Conditional Use.
Another way to zone this property is CBO. In order to zone the
property CSO, it would take a change to the Future Land use Map,
as the existing designation is Medium Residential and would need
to be changed to Commercial Core. With this scenario, there
would be no guarantees that a commercial building, would not, in
fact, be built at some point in the future.
The applicant has chosen the option of zoning the property CF, as
CF is deemed compatible with all Zoning designations shown on the
Zoning Map and would not require a change in the Land Use Plan.
REQUIRED FINDINGS: (Section 2.4.5(0))
Pursuant to Section 2.4.5 (0)(1), a justification statement
of the reasons for which the change is being sought must
accompany all rezoning requests. The code further
identifies certain valid reasons for approving the change
being sought. These reasons include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which
makes the current zoning inappropriate;
* That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
!2!! appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 3
Pursuant to Section 2.4.5(d)(5), the City Commission is
required to make a finding that the petition will fulfil one
of these reasons.
The applicant submitted a justification statement which states
the following:
"Under the previous zoning, the two lots 58 and 91 were zoned
RM10 and under the previous zoning code Section 173.771 location
of off-street parking spaces, (7)(b) "Within the the GC, SC, LC,
and CBD, all or part of the off-street parking spaces may be
located on an off-site parking area which has an RMIO, RH, or
RM15 zoning districts, such site shall be subject to conditional
use approval. However, if the parking is located on a
residential, currently existing, conditionally approved or
permitted parking area pursuant to a variance, then conditional
use approval will not be required. Such parking shall also be
subject to the conditions of division (7)(c). A means of
pedestrian access from the off-site parking area to the principal
building or use shall be provided.
The above provision is not included in the new LDR's which
effectively renders these two lots of land useless. Lastly, the
rezoning to CF and ultimately to CBO will allow the lots and
adjoining lots to be developed with the best interest to the
City."
Comment: The rezoning to CF instead of a conditional use with a
residential district allows the same result. In both the current
situation and pre-LOR situation, conditional use approval is
required for the parking function.
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).
Pursuant to 4.4.21 (A) The CF District is deemed compatible with
all land use designations shown on the Future Land Use Map.
..
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 4
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) That a rezoning to other than CF within stable
residential area shall be denied. (Housing element
A2.4)
The development proposal meets this requirement.
S) That the rezoning shall result in allowing land uses
which are deemed compatible with adjacent and nearby
land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations
exist to properly mitigate adverse impacts from the new
use.
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 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 indicates that
a 10' landscape setback be provided along with a 6' solid wall.
This helps to mitigate the commercial aspect of a parking lot
adjacent to a residential neighborhood.
Land Use Element:
Objective A-I: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate
and complies in terms of soil, topographic, and other
applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
(bl, bJ)
This proposal can be considered to be complimentary to adjacent
uses. However, the additional parking could negatively effect
the surrounding neighborhoods.
Land Use Element:
POlicy A-J.J: Proposed development shall accommodate
required open space as provided for under Policy 8 2.5 of
the Conservation Element and/or Policy 8-1.4 of the Open
Space and Recreation Element. (See following)
-.---.-..----.
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 5
Conservation Element:
Policy B-2.5: Whenever new development or redevelopment is
proposed along a waterway, a canal, an environmentally
sensitive area, or an area identified via Policy B-2.1, an
area equivalent to at least 10\ of the total area of the
development shall be set aside in an undisturbed state; or
25\ of native communities shall be retained pursuant to
TCRPC Policy 10.2.2.2. This policy shall be implemented as
a part of the development review process. (b3)
The 10% requirement (undisturbed state) would not apply; however
pursuant to 4.3.4(K) 25% of this parcel is required to be
provided in non-vehicular open space.
REVIEW BY OTHERS:
DOWNTOWN DEVELOPMENT AUTHORITY:
At its meeting of January 7, 1991, the Downtown Development
Authority discussed this petition. The general consensus was to
allow the rezoning and use of the property. The Board did discuss
the associated traffic issue. One suggestion to mitigate the
traffic problem was to request, that in conjunction with the
redevelopment of Veterans Park, that a walkway should go under
the Atlantic Avenue bridge. This could possibly allow the boat
to load and unload in the evening hours north of the bridge and
filter some of the parking to the public lot at Veterans park.
Staff Note: The concept of a walkway under the Atlantic Avenue
bridge is not consistent with the Comprehensive Plan.
HISTORIC PRESERVATION BOARD:
At its meeting of January 16, 1991, the Historic Preservation
Board discussed this petition. The Board was in favor of the
rezoning to allow additional parking in the downtown area.
When the Patio Delray Restaurant site is developed additional
parking would be a necessity.
COMMUNITY REDEVELOPKEMT AGENCY:
At its meeting of January 14, the Community Redevelopment Agency
discussed this petition. At the time, no information was
available regarding the use items (ie. hours of operation, how
many boats, etc. ) , therefore the item was discussed in general.
The Board requested more information prior to a formal
recommendation.
..
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 6
ASSESSMENT AND CONCLUSIONS:
Pursuant to Chapter 3, it clearly states that CF is the only
rezoning to occur in a stabilized residential area. By zoning to
CF, it controls the type of use and insures that a commercial
building is not constructed in proximity to the existing
residential units to the south. The issue, at hand, with respect
to Lots 58 and 91 is whether they should remain as RM and not be
usable (substandard RM lots and substandard frontage) or be zoned
so they can be integrated into the commercial property to the
north.
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), and that pursuant to Section
2.4.5(D)(5) the rezoning fails to fulfill at least one of
the reasons listed under Subsection 2.
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(0)(5).
STAFF RECOMMENDATION:
Recommend approval of the request based upon positive findings
with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive plan.
REF:t3/A:BOAT4.TXT
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_ANN'I NG 8 ZON 1 NG BOARD STAFF REPORT
- -- - - -
[ -ry OF OELRAY BEACH
EETING CAre: JANl'ARY 28. 1991
1GEK'fl ITEM: IILC.
CO~DITIO~AL l'SE CONSIDERATION TO ESTABLISH A COMMERCIAL PASSENGER LOADING AREA
TEM: ~\D BOAT TICKET SALES IN CONJCNCTION WITH THE BOYD TICKET SALES IN CONJCNCTION
~ITH THE BOYD 3LILDI~G COMMERCIAL AREA.
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::NERAL DATA:
OWner...........................Co..t.l Prop.rtl..
Gedn.y St.tlon, Mew York
Agent.......................... .Dlgby C. Brldg..
Locatlon........................On th. ...t .id. of P.la Str..t,
ju.t South of I..t Atl.ntlc
Av.nu..
.
Property Slz....................0.3.7 Acr..
City Land U.. Pl.n..............Mediua Den.ity 5-12 du/.cr. .nd
Co...rcl.1 Cor..
City Zoning.....................RM (R..id.nti.l Mediua) .nd CaD
(C.ntr.l Bu.ln... Dl.trlct)
Adj.c.nt Zoning.................Morth.nd v..t of the .ubject
property 1. aoned CID (C.ntr.l
au.ln... Dl.trlct). South of th.
.ubject property 1. aoneel RIC
(R..ld.ntl.1 Mediua), .nd th.
I..t.rn bord.r abut. th.
Intr.co..t.l v.t.rw.y.
Exi.tlng Land U.................V.c.nt
Prope.ad Land U.................Boat Tick.t S.l.. Office --.
W.t.r S.rvic....................2" w.t.r ..in .long '.la Str..t,
th.t turn. ...t, .nd run. .long
th. Morth bord.r of th. .ubj.ct
property, .nd turna South .nd
run. the l.ngth of th. ...t.rn
bord.r.
S.w.r S.rvic....................." ..nit.ry .ever line .long '.la IILC.
Str..t.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Conditional Use request to allow a commercial boat landing
facilities with an attendant parking lot. The use of the boat
facilities is allowable under 4.4.13(D) while a portion of the
parking lot is allowable under 4.4.21(d).
The subject property is located south of Atlantic Avenue, east of
Palm Square and west of the Intracoastal Waterways. It is in the
Marina Historic District.
BACKGROUND:
See discussion in rezoning request.
PROJECT DESCRIPTION:
The Stillwater sightseeing cruises will berth and operate one
boat with the capacity of 150 passengers. The vessel will carry
passengers everyday for sightseeing cruises with lunch. The
vessel will leave at 10:00 a.m. and return at 3:00 p.m.. The
boat may operate a dinner cruise Wednesday through Saturday. The
dinner cruise will leave at 7:00 p.m. and return at 10:00 p.m. .
The food shall be supplied by the "Canal Street Restaurant" or by
an outside caterer.
The vessel shall berth south of the bridge with the port side
against fenders along the seawall. The vessel will have it's own
gangplank for boarding and un-boarding of passengers. A dock
would not be necessary for this type of operation.
CONDITIONAL USE ANALYSIS:
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).
Attendant parking lots are allowed as an accessory use to a
commercial building. In this case, the boat ticket office.
."
P&Z staff Report
Boat Ticket Sales
Page 2
Parking lots are allowed as a conditional use in the CF zone
district. If the property is rezoned, the use is consistent with
the Zoning District and the Future Land Use Map.
Concurrency: (Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (Traffic) , drainage, open space (parks), and solid
waste, concurrency shall be determined by the following:
* The improvement is in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there is
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital
improvement budget; it has been designed; and a contract for
installation has been solicited.
Water:
To date no water and sewer plans have been submitted, however the
following is noted:
Water service exists to the site via a 2" main located on the
east side of Palm Square. The main extends from S.E. 1st Street
and stops 100' south of Atlantic Avenue. The 2" main is not
sufficient to provide domestic water or for fire suppression,
therefore requiring the upgrading of the main.
It will be required that a fire hydrant be installed at the S.E.
corner of Palm Square and Atlantic Avenue and an additional fire
hydrant or stand pipe be located in the parking lot to service
the boat and ticket sales office. At a minimum the code requires
that a fire hydrant be located every 300' of road travel.
In order to accommodate the fire hydrant, the 2" main along Palm
square will need to be upgraded to a 8" line tied to the existing
main on the north side of Atlantic Avenue, thus looping the
system. This will require a jack and bore permit.
Policy A-4.4, Capital Improvement Element, states that all new
development shall be required to extend public utilities tor
water, sewer and drainage to the furthest portions of the
property which is being developed.
Policy C-4.3, Public Facilities Element, states that all new
development shall be responsible for extending water service to
and through the land to be developed.
--..- -
P&Z Staff Report
Boat Ticket Sales
Page 3
By upgrading the main, tieing it to Atlantic Avenue, these
policies will have been met.
Sewer:
Sewer is available to the site via Palm Square.
Drainaqe:
The improved parking lot will be designed properly in order to
handle the drainage and to insure that all retention shall be
maintained on site. There is however, a potential that this lot
may flood in high tides.
Streets and Traffic:
A traffic statement was submitted. The project generates a total
of 450 ADT on the surrounding roadway network. County Ordinance
90-6 (TPS, Interim) is complied with in that the proposal
generates fewer than 500 net trips, thus a full traffic study is
not required. However, the statement does not address two major
issues which impact the area.
The report does not address the ultimate right-of-way of 60' and
the left turn restriction on Atlantic Avenue. The left turn
restriction has a major impact to Palm Square and the
neighborhood to the south. The Planning staff reviewed the
report and concluded that the existence of a prohibition of left
turns onto Atlantic forces exiting traffic through the Marina
Historic District. This situation will occur with whatever
commercial use is made of vacant property in the are. The report
has been forwarded to the City Engineer for further review,
however no response has been received to date.
Parks and Open Space:
Pursuant to Section 4.3.4(K) 25' of the parcel is required to be
provided in non-vehicular open space. the accompany concept plan
submittal shows in excess of 30' in non-vehicular open space.
Solid Waste:
One dumpster is provide by the Canal Street Restaurant. No
dumpster is provided specifically tor the boat and ticket sales
office. Documentation from Waste Management that one dumpster is
sufficient to handle both operations is required prior to site
plan approval. A dumpster will not be allowed dockside since that
land is not privately owned. It appears that more dumpster
capacity will be required and this situation will necessitate
further changes to the concept plan.
"
P&Z Staff Report
Boat Ticket Sales
Page 4
Consistency:
Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E) for the
Conditional Use request 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.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following was found:
Land Use Element:
Objective C-4 - The Central Business District (CBD) represents
the essence of what is Delray Beach 1. e. a "village like,
community by the sea". The continued revitalization of the CBD
is essential to achieving the overall theme of the City's
Comprehensive Plan of "A City Set Apart in south Florida".
Policy C-4.1 - The CBD regulations shall be amended to more
closely fit the desired character of the CBD and to facilitate
and encourage rehabilitation and revitalization.
* accommodation of parking needs through innovative actions
* incentives for dinner theaters, playhouses, and other family
oriented activities
Coastal Management Ele..nt:
Objective B-2 - The value of Historic Preservation to Economic
Development is recognized and shall be a component of economic
development programs throughout the City. With respect to the
Coastal Zone, this relationship shall be achieved through the
following policy:
POlicy B-2.1 - The Marina Historic District shall embrace
principles of historic preservation and economic development in a
sensitive and blending manner.
Ob1ective C-2 - The newly established Marina Historic District
shall be redeveloped with a sympathetic blending of the demands
of economic development and historic preservation. This
objective shall be met by the inclusion of the following policies
in any plan or program for redevelopment:
Policy C-2.1 - Any such program shall be developed with the
active participation of both the Historic Preservation Board and
the Community Redevelopment Agency.
Policy C-2.3 - That part of the District nearest to Atlantic
Avenue (north portion) shall be redeveloped in a manner which
while keeping within existing character shall provide for a
--_.,--"<,.
P&Z Staff Report
Boat Ticket Sales
Page 5
transition in design and intensity and type of use to the
commercial character of the Central Business District.
Policy C-3.1 - Remaining, isolated infill lots shall be developed
under zoning which is identical or similar to the zoning of
adjacent properties; and, the resulting development shall be of a
design and intensity which is similar to the adjacent
development.
The development proposal appears to provide and achieve the
objectives and policies outlined in the Comprehensive plan.
Compliance with Land Development Regulations:
The proposed use is in compliance with the Land Development
Regulations if the rezoning is approved. If the Conditional Use
is approved, a full site plan submittal will be reviewed by the
Historic Preservation Board. The proposed site plan must comply
with the LDR's.
Along with the Conditional Use request there is a Sketch Plan. It
is appropriate at this time to bring the following LDR
Requirements to the attention of the applicant:
* An additional 10' of dedication will be required along Palm
Square to meet the local (Commercial) standard of 60'
right-of-way. A reduction in the required right-of-way
width may be granted by the body having the approval and
pursuant to Section 5.3.1(D}(4}. Justification will need to
be addressed as a portion of the Traffic Study/Statement and
the City Engineer must be in agreement. Within the 60'
section a 5' sidewalk is required from the south property
line to Atlantic Avenue.
* Per Section 4.6.16(E)(3) landscape islands are required to
be minimum of 5' in width exclusive of the curb width.
There are two site plans which have been submitted. Scheme A
shows the landscape islands to be 5' inclusive of the curbs and
no right-of-way dedication or sidewalk, thus provides 75 parking
spaces. Scheme B provides for the 5' landscape islands exclusive
of the curbs and a 5' sidewalk interior to the site without
right-of-way dedication, it only provides 71 parking spaces.
The Board should give some direction to the Applicant and
Historic Preservation Board on which scheme (A or B) you would be
in support of? The question becomes of whether or not the
Applicant should request relief from these items in order to
accommodate more parking.
* Since the specific use request involves an integration of
existing commercial uses and new development, the totality
P&Z Staff Report
Boat Ticket Sales
Page 6
of all the property should be designed, up-graded, and
replatted.
* The Board determined that it was not necessary to establish
parking requirements specifically for this use since in the
CBD, there is a standard requirement of I parking space
for each 300 sq. ft. of floor area. Ten ( 10) spaces are
required, however more than 30 are provided and allocated to
the boat use.
* Another problem to be addressed is that of lading supplies
and disposing of waste (trash and sewage). In either case,
the property adjacent the seawall cannot be used as it is
not under private ownership.
* There are concerns regarding the permitting of the boat
operations. The applicant stated that no permitting was
necessary. However, with the boat moored against the seawall
the following concerns arise:
- The boat will berth south of the bridge. This location
is likely in a constricted channel section with a
relatively swift current. We question whether the
operation can be carried out without additional mooring
aids, such as dolphins.
- The boat may be large enough to constitute a
navigational hazard at this location.
- Water depth at this location is unknown so there is a
concern that the boat may not have sufficient depth,
even at mean low water, to operate as proposed.
- The seawall appears to be in a deteriorated condition.
This operation may accelerate seawall deterioration or
cause it to collapse.
- If the boat plans to hold against the seawall with
engine power, prop wash may disturb the bottom. If
there are sea grasses here, there could be an
environmental problem. If prop wash makes a hole in
the bottom, it is considered illegal dredging.
In order to completely assess this proposal, the Applicant should
be required, prior to site plan considerations, to submit the
following:
1- Cross sections of the waterway to assess water depth and
channel location.
2. An Engineer's certification that the seawall is stable
enough to withstand this operation without further
deterioration.
P&Z Staff Report
Boat Ticket Sales
Page 7
3. In addition, the operator may need to file a "notice to
Mariners" with the Coast Guard.
REQUIRED FINDINGS: (Section 2.4.S(E))
Pursuant to Section 2.4. S (E)(S) (Findings) in addition to
provisions of Section 3.1.1, the City Commission must make
findings that establishing the Conditional Use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
With the additional parking in the CBD area, it helps to mitigate
the perceived shortage of parking in the downtown area and helps
to keep cars from parking in the surrounding neighborhoods.
The major concern is that of traffic which will be generated on
Palm Square. At Atlantic Avenue there is a right hand turn only
sign. Which means anyone leaving the parking lot to head west
on Atlantic, will have to travel through the neighborhoods and
would not have direct access to a major thoroughfare.
REVIEW BY OTHERS:
HISTORIC PRESERVATION BOARD:
At its meeting of January 17, 1991, The Historic Preservation
Board discussed the use issue. The Board recommended that the
conditional use request be denied. It was a consensus that an
excursion boat was a suitable commercial venture to attract
people to downtown Delray but that its location, adjacent to a
residential area within the Marina Historic District, was
inappropriate.
Two letters of opposition were submitted and are attached for
review.
COMMUlfITY REDEVELOPMEIIT AGENCY:
The Community Redevelopment Agency wanted additional information
prior to a recommendation. Its recommendation should be available
at the meeting.
ASSESSMEltT AJO) CONCLUSIONS:
It was determined by the Planning and Zoning Board that a
Commercial Boat Landing is similar to the uses allowed in the
CBD. It fulfills the policies outlined in the Comprehensive Plan
under the Land Use Element for the Central Business District.
,,,
P&Z Staff Report
Boat Ticket Sales
Page 8
The central issue upon which the decision must be made deals with
the future use of any or all of the undeveloped land on either
side of Palm Square. Any use of the land will create traffic
which will go south on Palm Square. A public parking lot would
have similar impacts. Even a City park with attendant parking
would have such impacts.
Associated issues such as loading of supplies, disposal of wastes
and the gathering of crowds may create undesirable neighborhood
impacts. These items could be mitigated through site design.
ALTERNATIVES:
1. Continue with direction.
2. Recommend approval of the conditional use requests for a
commercial boat landing in the CBD and a parking lot under
CF zoning.
3 . Deny the Conditional Use request based on not being able to
make a positive finding pursuant to Section 2.4.5(E)(5)
findings (incompatibility).
STAFF RECOMMENDATION:
Recommend approval of the conditional use requests 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 (!) with the following
conditions:
a. Up-grade of existing parking lot
b. Site plan to reflect the sketch plan of January 15,
1991 - '-;c \.~ ~
c. Platting of the contiguous Handlesman holdings into a
single parcel, or if multiple parcels that appropriate
access and utility easements be provided.
d. That boat operations be limited so that there is at
least a two hour period between passenger loading and
unloading
e. That there shall be no loading vehicle use of Marina
Way north of S.!. 1st Street.
f. Concurrent with the site plan submission for the
passenger loading use and ticket sales office,
documentation must be provided from the Army Corps of
Engineers, regarding mooring and loading operations.
P&Z Staff Report
Boat Ticket Sales
Page 9
g. That current with the site plan submission for the
passenger loading use and ticket sales office,
documentations must be provided under the seal of a
registered engineer to the effect that the proposed
mooring and loading operations will be acceptable with
out damage to the seawall.
h. That the parking lot improvements may proceed
independently of the ticket sales and boat use.
i. That as part of the site plan submittal detailed
information be provided as to trash volumes and the
ability of Waste Management to pick-up such trash in a
timely manner, how the disposal of sewage from the boat
be handled, how drainage will be handled with the
potential of the parking area flooding.
j . That as a part of the site plan submittal detailed
information be provided as how the utilities will be
handled (ie. water main, fire hydrant).
k. That a landscape plan accompany the site plan to show
mitigation of the south boundary treatment.
1. That information requested on page 6 of the report, as
it pertains to boat operations, be provided prior to
site plan submission.
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Attachments:
Attendant site plan scheme A and 8
Letters of opposition
Additional information regarding the Stillwater operation
REF:A:.3/BOAT1.TXT
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PLANNING AND ZONING BOARD ~lEMORANDU~l STAL' R~':PORT
',/7 j _ /' '" 0 ___ '
J/ ~ - ;:~<-- ''--? 6 v /
MEETING OF:'- NOVEMBER 19, 1990 at} ~/
AGENDA ITEM: V.B. Boat Operations Docking in t~~ CDD~
ITEM BEFORE THE BOARD:
There are two items before the Board, Th2 first is tha~ UL
making a determination of similaritv___S:'_f._t..:~ie which i~j
governed by Section 4.3.2(C)(2) - paqe 4,3,1.
The second is dctermin~, park i.n~.9ii~'::'!...Zf'~"C?~~~. for a 11'0(.'
1. wl1ich is not Jisted. Snr::tlcl 4.6,9I,C)(1)(d: CliJplles - t'iqe
1.1. 4.6,31-
BACKGROUND:
These items are before the Board in resi,)(inSC :c ,1 rec;ues:, by
Digby Bridges for clarification and interpn'tCltioi: of the Cod<=: 1';
it applies to a conunercial boat landinc.;. Suel, i.l U!:.iC is nor.
currently addressed in the Code. Please see his letter of
October 16th for a full' description of the propo,:::;ed use. There
are several aspects to his letter and I ha ve prov ided .:.\ rep 1 y
(copy attached). The two items on this d<Jenca requirc action by
the Board in order for a formal application t.c 8e r.1<1de,
ANALYSIS:
Determination of Similarity of Use: BecClusl~ tile requ8sc.ccl '.lS0. is
n~ i~!:tcal to other uses allowed in the CBD Zonc! District and
because I bel ieve it to be similar to othe r. allo\"ed uses, ~he
request is placed before the Board for a ruling purSLlant r.o
Section 4.3.2(C)(2).
~ ~
\ I feel that the use is similar to other use'J Stlch us: r.estaur-ar.L; I
(B) (3) and places of assembly for commercidl .:rltertainment
purposes (D)(14). Further, ~ecau~e of its unique nature it 5e0ms \
L apprgpriate that it be allowed as a condi.tionul ,instead of, u '
principal use.
---
I
'"'
Establishinq Parkinq Requirel}lent:!J: for uses not listed in thl.'
list of parking requirements, such rcqllircnents shall be
established concurrent with site plan appnJvul. Occause of thG
unique nature of the proposed use and the .'.ini t~d '1n'10unt of
parking area which is a vai labje, it is apprc;,: i.:... ~c tC'l os tabl ish
the parking requirements at this time.
Mr. Bridges puts forth an argument based U~Jrl one ~pace per three
allowed passengers and then p~ovide that orly (0% of that numjer
be required due to the mixed use c1spects of il CSD - <lnd vIi tl1 :J.-'
'objective cf being more flexible in order t.c. aC::(,)l'1llada~,e downtolin
development and redevelopment.
setting out these environmental fears on pages ~ in their Report.
\
~
,: APPLICATION MUST BE REJECTED FOR THE ABOVE REASONS, IN ITS ENTIRETY.
A Community Facility argument can be made if the boat landing operation were
situated in the Park Area owned by the Town. A lease from the Town would
place the operation in the realm of a Governmental Sponsored Activity as
Lessor (owner). This, then would qualify the project for a CF Zone.
THIS IS THE TYPE OF SITUATIO N CONTEMPLATED BY SAID CF ZONE.
t
Respectfully submitted,
\
~
Dominic A. DePonte
'1 ~ f'I\ A'i'- \)I( w 1<'1 I
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'107 .1.11- "3 973
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7
( 2~ Applicant suggests 12 spaces for each 1,000 s.f. = 36, or, .
1 space for every 3 person - 150 ; 3 = 50, which is a commonly used rule and
is fair. But then Applicant suggests that, like Boynton Beach, because it is
in a downtown location with other downtown parking spaces, you take a 60%
factor which reduces it to 30 spaces.
This is an ERROR. Unlike Boynton Beach. this plat adioins
residential property to the West and South. If the plat was on the corner
of Atlantic Avenue and Route 1, you can justify this adjustment approach
because of the other avaiable downtown parking spaces.
But, when the plat is adjoining and abuts a residential area on two
sides, \ it i'::; unfair to apply this rule and the numbers should be taken at
100% of the~ calculation viz. 60 or a minimum 50 parkinq spaces to be
required.
THERE IS NO POSSIBLE WAY THAT APPLICANT CAN PROVIDE THIS AMOUNT OF
PARKING SPACES FOR THIS USE AT THIS:LOCATION!!!!
ISSUE V: ARMY CORPS OF ENGINEER. Mr. Handelmann of Love Realty for the
Applicant stated in a letter dated 9-10-90 that "permission for the docks has
been obtained from the Army Corps of Engineers."
However, Staff report dated 1-28-01 states Applicant claims that no
permit is required.
I,have actual knowledge from my experience and my recent conference
with Army Cqrps - every embarkation at a single point for a scheduled use
must obtain a submerged wet-land lease from the State of Florida for area
being used. Also, upon any objection, (and there will be objections, count
on it!!!!) a hearing will be held wherein all environmental issues will be
reviewed and safety factors studied. Each Agency, such as DNR, DER, Army
Corps, Fish and Game, Save the Manatee, will have the opportunity to study
the potential impact of this use. The Staff Report does an excellent jOb in
6
,"
.
and because of, "e.g. - "Exempli gratia" (Latin) - literally means "For the
sake of an example" - gives us further guidelines for interpretation of that
egory. It limits any interpretation of a Commercial Entertainment nature
to be like a concert or live performance.
There is no way that the intent and purpose of this
Ordinance includes a boat landing dock and ticket sales office or, rather an
amusement ride or carnivale - nor any similarity to it!
Consequently, no similar use can be shown from this
Section. A new category needs to be developed for Applicant. An application
for a new land use is their only remedy at LAW.
\
{
':\
THIS APPLICATION FAILS TO SHOW SIMILARITY AND IT THEREFORE MUST BE REJECTED.
ISSUE IV: Although a moot point, the Issue of Parkinq Requirements needs to
be commented on, again to see how far Applicant has stretched its
. terpretation:
(1) The Applicant indicates the Code provides no guidelines for
parking so they proceeded to develop their own.
However, parking for community Facilities for meeting places and
assembly of people (as to an assembly for a show, etc. ) provides on page
4.6.34 reads as follows:
pARKING REQUIREMENTS:
( a) .3 of parking space for each seat or, .
.3 .- 150 = 50;
(b) 1 space for each 50 s.f. - 3000 ~ 50 = 60 whichever is
~ ,
greater = 60. The Code, therefore, does provide for 60 parking spaces.
There is no need to make up a new formula.
WHY WEREN I T THESE NUMBERS USED - especially, if they were
_considering ~ Zone?
5
( A> Definition on page 46 in the Delray Code. It defines
RESTAURANT as follows: "An establishment where
food is prepared and served for pay, primarily for
consumption on the Premises in a completely enclosed
room, under roof of a main structure, or in an interior
court." The boat diagram attached to Application shows
\ no galley or kitchen. So, to this extent it is not
. similar to restaurant use.
'I
(B) All 150 passengers assemble to board boat at one time and
at the end of the cruises disembark at one time, unlike
{ a restaurant pattern of use - it is a meeting or assembly
for an amusement ride, pure and simple.
(C) Catered food cooked off-premises and lunch baskets
prepared off premises is unlike a restaurant operation. If my office staff
has Domino's Pizza delivered for lunch, does that make my office similar to
a restaurant? Of course, not! ! Now, if I had a stove in my office and
prepared lunch or dinner from time to time in my office - THEN, ONLY can you
say my off ~ce is "similar" to a restaurant in a broad sense. Therefore,
there is c1~ar1y no similarity between a restaurant and an Amusement Ride
where people bring a box lunch.
(D) Section 4.4.13 (D)(14) is relied upon by Applicant as
another similarity viz: "For Commercial Entertainment Purposes".
(1) I submit these words are taken out of context and
applied improperly. Section 4.4.13(D)(14) provides as follows:
"( 14 1 PlaYhouses. Dinner Theaters. and places of assembl y
for commercial entertainment. e.a. . concerts. live performances."
Now, taking this paragraph in its full text and using
proper interpretation and construction of the text of the language in the
Zoning ordinances, the use must be similar to theater - arts - concerts. etc.
\
4
~
,'"
.
I can't conjecture anything that is more unstable than this Amusement Ride
with a box lunch and drinking parties in the daytime and evening! ! ! A
~IVAL ATMOSPHERE ! ! ! !
Lastly, it would be logically impossible, in light of the above, for the
Staff and commission to render favorable required findings as per Section
\
2.4.5(D)(1) and section 3.1.1.
~
THE ZONING APPLICATION MUST BE DENIED.
\ The request for consideration for a Conditional Use for a private
ISSUE II:
~
parking lot in the CF Zone therefore becomes maoa for reasons set out above.
t
ISSUE III: Consideration of Conditional Use for a passenger boat loading
facility and ticket office in CBO Zone is improper.
A. There is no use set out in caD Zone for a boat landing facility -
it never intended to permit this type of operation.
B. Applicant attempts to utilize section 4.3.2. (C)(2) to establish a
"~imi1arity of use" to classify use of Applicant in CBD Zone.
~
(1 ) Section 4.4.13(B)(3) is relied on as one similar use viz
\ "RESTAURANT."
~ Although Application mainly states use as a boat landing
facility and a boat sales ticket office. Then the reports
talk about a restaurant with food. It wasn't until 1-14-91 in
a letter sent by Stillwater Cruises to Mr. Handelmann when
they first disclosed sale of food. I AM VERY SUSPECT OF THIS
- WHOSE IDEA WAS THIS? It appears as a realization of a
weakness in their argument without food. However, the use
\ described still does not meet the SIMILARITY TEST for the
~ following reasons:
3
\
(B) A commercial boat landing and sales ticket office does not come
w+thin any of the above ou~ined uses, AND, therefore, it cannot
gyail itself of a CF Zone change.
In interpreting ordinances, we must look at the Legislative intent. Clearly,
this type of operation is not contemplated to be included as "Community
Facility." If you permit this interpretation, then, it would be too broad
and vague and become an Unconstitutional Ordinance at Law, but it is good
\
law. It is to be interpreted properly. CF could conceivably be used in
every zoning application situation under the above premise, which is bad law.
However, statute 173.746 clearly defines the uses that could avail itself of
this Zarling Ordinance and none include a boat excursion or amusement ride.
consequently, CF Zoning cannot be made available to cover this special
situation. The Zone change must be rejected and denied.
\
(C) In the event this Zone is approved in its present form, it would be
I',
tantamount to SPOT ZONING'which is illegal. Effectively, you are
changing RM Zone to CBO Commercial. You are permitting indirectly
what you could not permit to do directly. If you find a hardship
because of the argument given and grant this Application, it would
amount to a Variance which your Commission has no authority to
"
give, and it would again be spot Zoning.
The only remedy available to Applicant, if he wants to pursue this
Use, would be to seek a Land Use change and a new Future Land Use
Map for a CBD Zone, and Applicants knew this from the start.
,
I'
The proposed use is incompatible with RM Zone and Adjoining
Residential Historic District. It is, furthermore, inconsistent with the
ambiance of the Historic District. Lastly, it is against the Comprehensive
Plan adopted February, 1990 which recommends that this area remain stable.
\
2
I:,
'"
.
TO: DELRAY BEACH PLANNING &ZONING COMMISSION
\
. APPLICATION FOR BOAT LANDING AND SALES TICKET OFFICE - PALM WAY
4 . "
AGENDA ITEM IIIB
I am appearing tonight to challenge the legality of this Application as
follows:
I. ISSUE REGARDING CHANGE OF ZONE FROM RM TO CF
A. In this application, a Community Facility zoning is an improper
zone to use. It is a violation of the purposes and intent of
Section 4.421.
, "(A) ~ose and Intent: The Community Facilities (CF Districtiis
a special purpose zone district primarily intended for facilities which serve
public and semi-public purposes. It is also applied to regulated properties
\
subjected to a transfer of developmental rights. Such purposes include
Qovernmenta1 uses. churches. educational. service and institutions. The CF
o.oIistrict is deemed compatible with all land use designations shown on the
Future Land Use Map."
It's scope is to include in 4.4;21 (B) the following uses:
( 1) Governmental Facilities such as courthouses, post off ice, fire
stations, etc.
(2 ) community Facilities. such as civic centers. community
centers. community theater. cultural facilities and
auditoriums. libraries. museums.
(3 ) Parks and Recreation facilities, such as parks, ballparks.
(4) service oriented facilities, such as Abused Spouse Residences,
Child Care Centers, etc.
FURTHERMORE , Oelray Zoning Code Section 173.745 states the Purpose and
-177.746 outlines Permitted Use, as follows:
"Such Facilities shall include cultural. educational. medical.
institutional and qovernmental facilities."
I resp~ctfully request that as Mayor of the City of Delray, you
solici~a legal opinion from City Counselor Jeffrey Kurta as to the
questiohs I raised in my report prior to the above scheduled
meeting.
Mayor Lynch, my concern is saving taxpayers monies in the appeal
process. Too many Towns are wasting money on litigation costs. A
request for a legal opinion at the present time would be in the
best interests of the Town and the residents affected by this
decision.
I have practiced law for 20 years and served on a Zoning Board up
north for 4 years, and in the past 20 years I have worked for
corporations primarily in the role of permitting, platting and
zoning.
In my opinion, there is reversible error in the process of this
aJlplication. I sincerely feel it merits your attention at this
time.
Respectfully Submitted.
\
;JJ '. .jJ/!;1/
~/f. . /?p .
DOMINIC A. DE PONTE
cc: City commissioners
Jeffrey Kurtz, City Counselor
enc10users
\
~
=================================================================
24 MARINE WAY, DELRAY BEACH, FLORIDA 33483
'"
\
DominiCj,A. De Ponte ,
=================================================================
(407) 278-3973
Hon. Thomas Lynch
Mayor of Delray Beach
City Hall
100 NW 1st Avenue
Delray Beach, Fl. 33444
RE: Application of Coastal Properties - Zone Change RM to CF
- CBD conditional use
Palm Square - Pleasure Boat Landing Sales Office
D,ar sir:
At a Planning and Zoning Commission Meeting, January 28, 1991,
I voiced my legal objection to item No. 1 of the proposed zone
"'
change .'
I asked~applicant's representative that if the zone change of RM to
CF were passed, and the Boat Landing Application was denied, does
this mean the owner of the property will keep the property a
parking lot available to the public? He said "Absolutely not. One
went with the other. The zone change was to be conditional on
ability to operate boat landing sales office and even then it would
be controlled by owner"
My point was made. The changed zone was not for public use but
solely for personal use of owner in conjunction with the proposed
boat handling operation. There is no valid basis for the
utilization of the Community Facility Zone in the instant
application. To do so violates the purpose and intent of said
ordinance and renders application illegal. The arguments I gave
fell on deaf ears and blank faces.
When I challenged the enterpretation of the " Similarity of use"
ordinance I was told there could be no further discussion on that
matter because a staff report was already filed and made its
recommendation and the matter was closed. In consequence to my
claim that I felt an improper interpretation was made of the
ordina~ce, the chairman ruled my time was up, and I was prevented
from pursuing my arguments any further.
~
I then left a copy of my report with Mr. David Kovaks, Planning
Director, and I enclose a copy thereof together with copies of
pertinent portions of Mr. Kovaks opinions I challenged.
I am writing to you because I am advised that the matter will now
be referred to the City Commissioners for their consideration on
February 12, 1991. ~re'''''''-;' r ~ r-._ ",'
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PLANNING & ZONING
,
I
We, the undersign, are owners of apartments in the Bar Harbour, 86
MacFarlane Drive in Delray Beach. We strongly object to the proposal to
have luncheon or dinner auises launched from an area on the intercoastal
waterway opposite our bl,.1i~ng.
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We, the undersign, are owners of apartments in the Bar Harbol.l', 86
MacFarlane Drive in Defray Beach. We strongly object to the proposal to
have luncheon a dinner auises launched from an area on the intercoastal
waterway opposite our ~ng.
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J A2.UARY, 22,;)1
CI 'fY OF D31RAY BEACH..
:SUILDIl:G . DEPT. AL"Sf.. l1AGY.
2.9,PALI4 S(UARE.
DEL..~Y :SBACH.
TO ,1;:'0 I'r l~'~'.[ COLCErlN.
P"O"""" 24- 9~-4
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1:Y C01;V?...RSA'l'IOl~lS '''rrTli ~:R.RICEARE BAUER ,CODE E1TORC:':.lENT DEPT.IN 1987
AFD 1988 IN RIDAIill' S TO THE PARKING LOT NEXT TO 14Y PROPERTY (KORTE)
,iP.rH CAR I S PARKING IN T:.iE LOT . ON T'.'ra Tn~E I S 1,~Y CA..~ ','lAS. EIT AlJ) DAl\:AGED
TO THE EXTENT OF ~987 ..00, ','fliICH 1.:Y INSURA!iCE CO. PAID.OOE TO TEE FACT
Turf Tfi~RE itERE 1\"0 WALL OR ;IliEEL STOPPER 1 S INSTALLED IN TEE PARKING LOT
TEE CAR IS ','fERE ABLE TO E!~CROACH ON h:Y PROPERTY BY USEI~G l\:Y, DRIVErlAFE
TO STOP 'lli-~E CA.~IS PARKIN:J.,AT THE SAl.:E TIIr.E TEE CAR'S BUliPEa '({AS INT .
A::D eVER ;/,y DRI VE','IAY 5Y TNO TO THREE FEET, T2lJS. t:AKIi;~ IT n:BOSSIBLE FOR
l:E. TO PA..~K oR USE I.IY DRIVE'i:AY._ .
I.:R :EAUER cm;TACTED I..a EArJ:>ELNAN I TEE 0 ,'l'l~ffi OF T::Z PROPEaTY ABOUT THE
PROBL:E21 AIm TEE DmISION 'j'IAS TO ItSTALL A CEAIU ACCROSSTEE FRm:T ENTERANCE
elf T~.:.E LOT SO 1\0 CAR I S.'lCUIJ) PA.RK TEEaE Il-~ T~~E FUTURE. IN 37 AND 03-89 Jy"earcs
DURItG ~1:.B DELRAY DAYIS IN APRIL ,THE FOLLO',fIlm THREE YEARIS TEE GATE
',iAS OPZ!;:SO TO ALLO'J CAHS TO PARK FOR THREE DAY'S, LIAS TOLD BY PERMISSION
O? 'rUE 01 TY. AIm MR. EA~~En.:.AN. I HAD T::.E SAl.:E PROBLE2.1 , NOT BEIi:G ABLE TO
cARl< IN l,i1 O:lN.DRIVEJAY.THIS PROBLE1 I BXPIDT TEE CITY TO COrtRE.JT AND STOP
TillS YEAR
I EAVE BEEN IKE'CRNZD gt LE~';rER FRON T:-..E CITY OF DELl1AY BS1..C:i lUELIC NOTIC:S
:791-025 TEAT A COMMERCIAL PASSERGER LOADING AE.ttA ANTI BOAT TICKET OFFICE
ALaI';.'} ',II TH THE PARKI~{G- LOT A TO BE BUILT ON TillS PROPERTY, NEXT. TO t~INE.
I El.. VB EO 03JmTION TO ,:(EAT BUT I DO '.lA!:T A ;'/ALL TO BE BUIL'2 TO PROTECT
LY PROP:S:tTY, THE ~'lASL TO BE AT LEAST FIVE FEWx .:lIGE (5 ft l) I ASSUME ,
,t::EEI S'~OPPER'S :rILL BE I~:STALLED rro PROS!XT TI:E ',',.ALL,1'HE :::\ISTJ;NG WALL
BEIEG FIVE FEET (5 ft ) BEEIND I.~Y PROPEHTY A'f THIS T1!.~E IS A GOOD
PROVIDER FOR PRIYmRY .MID SAFETY, THE SA~;:E cO!mtb~9l\:' SHOULD BE GIVEN
TO 1.: Y - Pl10PER7~I.50, ','iITH A SET BACK. FRO!.1 I,:Y PREPERTY LI~O TEE WALL OF
T,re OR TliREE EET ','lITH LAIIDSCAPEIl;D A!iD GRASS. THE \tAr.s S TO BE PLASTERED.
fl.:']) l?A1l;'rED F.M.r.UiG tilt PREPOEliTY . THE REASON FOR TEE WALL TO BE FIVE (5 it )
SO T::'1\T rrI::E IiEAD LIG!i~ IS FRO?.L ~EE. CAR'S rARKI!JG,DO NOT SliIl1E INTO !.~Y ilIl'lDO':il.S
Ai-:D. :iOLE,AS i-.!Y 500SE SITS. UP ::IGH A:30li'r,;FOUR FE3Tt4 it) FRO: 1 ThE GRCU~:D.. -
- .
A:;O~;-:::zR FACTOR IS Tl-:AT ThERE SEOOLD BE NO t.:USI6 on LOUD BAUD PLAYIln;TO
DIS'lUR33 '.rE~ PEACE Al:D c;,uIE''c OF TH3 ~'~1J"II}:-.:30REOOD , d3 [AD T:'.l2 PROBIDt
.rrr~ '1::_B A'lLAl';TIC PL;\zA ACCROSS ATIJ..I:'l'IC A V3 Arm 5E',iI':iE3N LR .BAU ER Atm
:.:RS.:LUlu :SUIJ:Ll~R OF 'J.:jiZ CODE Ei:FO:\C:&.I3Rr~ DEP'rf:iliY S'110PP:ID 'E:3 LOUD r.:USIC
PLt..'ri',' uP. '( ,i', D I ;:1'10 \~~D ~):' ""'f l'ID':IG7-~T At.'y'CQ;:5IDE"1:\,-:1IO?; 1;10 If;':E A30VF
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R3~U3S.'r"Il,L 33 GaBA~Ll A3:PR1GIA'i!ZD
'r:-:,,~~':K YOU
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---
30 Marine fiay
De1ray Beach--33483
January 14, 1991
Historic ~reservation Board
\1ity Hall Florida
lJelray Beach,
Mrs rat Healy, 0hairwoman
Dear ~oard Members:
When your Historic Hoard was established, ..and our area, notably harine
Way and ~alm ~quare was designated as an ttistoric uistrict, we naturally
understood that existing commercial endeavors would still be allowed,
and assumed they would be appropriately maintained.
Doesn't the proposal to introduce a dinner cruise ship just south of the
Atlantic Ave bridge, with attendant facilities and parking requirements
interject a whole new merc~andising enterprise with no possible historic
precedent?
With a proposed capacity of 150 passengers, which conceivably would mean
150 disembarkin~ and 150 bo~rding, how could they not infrin~e and tres-
pass upon the long established residential properties which comprise the
l'.arlna Historic District?
If the restauranteur feels that this concept is indeed feasible, and tt
city feels it is desirable in order to draw more people to Do~ntown
Delray business district, why not locate the dockin~ on the north side of
the bridge1 Wouldn't that enable a boat to dischar~e passengers directly
into the Atlantic Pl~za, thereby generating more exposure for the Plaza?
Instead of creating an unwelcome bottleneck in a quiet resldp.ntlal neigh-
borhood, couldn't both the increased pedestrian and vehicular traffic be
handled more expeditiously thru a park-like access to the business
district?
however, isn't it the Army 00rps of ~ngineer8 who have the province to gr
or withhold permission for the erection of the necessary docking facil-
ities? If 80, isn't this whole discussion premature?
Sincerely
" .
I ,) .~ '7' E W ~l.. d I"
Mrs Donald Woodin
,.
PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION
DELRA Y BEACH. FLORIDA
FlEPL Y TO:
January 24, 1991 65 Palm Square
Dalray Beach, Fl 33483
'1b the .......11 A. A of the ~1'"'Y ~h PlAnning and 7.Lrling BoBrd
'!be rr-.I'>&r& of 'Dle Palm Square-MarJne way Ii:maIc:Mlez:s Association have
I.'eriewed the plans for a lunch and dinner cruise boat dock.inq in our
Historic Disb:ict.
we are unanim:lusly ogxJSed to and view with ", "TTII the traffic pt'CblAnA
and the potential use of our streets far o ".......cial paOdng. ~1" of the
one way traffic both in and out em Atl.antic Avenue, the majority of the
traffic would have to enter and leave through the residential area of the
Karina Historic D!stri.ct.
VisnA 1 f '..e with us far a ~It - the luncheon or dinner custaDarB far
both the restaurant (which is ~~1.nq an additial of a patio seating 75
ume people) and the boat are m:riving as wall as custaDarB far 6 stares.
1!lere are truclcs delivering SUWlf,. which o ".\.oums the prciUem. valet
pad<ars are J:UShinq through the til..L~ lookinq far paOdng places and
bringing cars back and forth. M:Jt a situatial that should exist in a family
neighl:xn:b:xxl in a H1staric District.
'DU.s probl. will becc~ ~ when the "Patio ~ty" is c:Ievel.cpd.
If the quality of life in the xesidential amas of this town is
&:lel..r:Ojed the wmle ~ that ~ is t1:y1ng to project will be gone.
we hope your board will CXDIidsr the 1DpIct an the surroond.inq
neighl:xn:b:xxl when you make your ret)o ".......dation to the City Crnmi ~8ial.
Youm tt:u1y,
,
COI '1!x::ml!UI B. ~, Mayer
David Randolph, Vice ~
Wi 11 i Mq Ardlc&.J8, Vice Msyar
Cnnnf -1aler Jay Alperin
~f ~1aler A1::mIm:i JbJW
PLANN!NG tl ZONING
Dr. C. R. Roberts ;
33 Palm Square ~/6~ /9C?/.
Dclra). Bench. ftoriJ. 33-l.~'~
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MEMORANDUM
DATE: JANUARY 17, 1991
TO: DAVID KOVACS, DIRECTOR, PLANNING' ZONING
THRU: STAN WEEOON~
FROM: PAT CAYCE ~
SUBJECT: HPB'S RECOMMENDATION TO P&Z REGARDING THE EXCURSION
BOAT AT PALM SQUARE
At its meeting Wednesday, January 16, 1991 the Historic
Preservation Board considered the following two items in
connection with the proposed excursion boat.
(1) Conditional use for commercial passenger loading
area and boat ticket sales at Palm Square.
The Board did not recommend the conditional use. It was a
consensus that an excursion boat was a suitable commercial
venture to attract people to downtown Oelray but that its
location, adjacent to a residential area within the Marina
Historic District, was inappropriate.
Two residents of the Marina spoke against the conditional use:
Alieda Riley, 65 Palm Square
Kevin Scanlan, Marine Way
The two attached letters, also against, were
read into the record.
Speaking in favor of the conditional use:
Richard Rabb, 50 Palm Square
(2) Rezoning from RM to cr on approximately 0.13 acre.
in order to accommodate parking for commercial uses.
The Board recommended that the above property be rezoned to
accommodate parking. If was felt that additional parking was
currently needed in Palm Square and that when the Patio
Restaurant site i. developed additional parking would be a
neces.ity.
c: Janet Meeks
s
'"
.
5) HOORING AND DERTn
The vessel shall berth directly east of the parking lot and
just south of the IICanal Street. Restaurant'.. The bo\{ of
the vessel will face north~ the stern south, with the port
side against fenders along the seawall. When- leaving,
the vessel will back astern to the south away from the Atlantic
Ave. bridge. When returning the vessel will again approach
from the south. The vessel,will have it's own. gangplank for
boarding and un-boarding of passengers. The need for
construction of a dock is not needed for this operation and
thus not requiring permitting. A small area of vegetation
(not Mangrovel) wIll be trimmed back for gangplank use.
6) BOAT REFUSE
. .
The two dumpsters that supply the restaurant shall also
accommodate the boats refuse. .
. .
For further discussion on this proposal you may reach me at
telephone 407/ 496-3858 or 407/734-8642.
Sincere~ ~~ /
WF~/.ff~--
~Pt. Dane L: Hark
Stillwater Cruises
3400 Lakeview Blvd. .
Delray Beach, Fl 33445-
.
. .
.
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Boynton Beach, Florlda
134.8642 .
. January 14 '~~~~~~9~m1
Mr. Handelsman
840 E. Atlantic Ave.
Delray Beach, Fl
PlANN\NG &. lON\NG
Dear Hr. Handelsman:
Please let this letter serve as a follow-up to our previously
discussed proposal for operating the Stillwater sightseeing,
luncheon and' dinner cruise boat from your vacant parking lot
at 840 E. Atlantic' Ave., Delray Beach.
PROPOSAL .-
(l)jStillwater sightseeing cruises will berth and operate one ( 1 )
United States Coast Guard approved, ISO passenger, 6S:foot,
double deck replica character type steamboat form the affore-
mentioned address. The vessel will carry;"passengers everyday
north and south on the Intracoastal Waterway' (or scheduled
sightseeing cruises with lunch available on board leaving at
10:00 a.m. and returning back to its berth in Celray at 3:00p.m.
The Stillwater may operate also a dinner cruise on ~ednesdays,
Thursdays, Fridays and Saturdays. The dinner'cruise will leave at
7:09 p.m. and return at 10:00 p.m. A slightly cut~back
schedule may occur during off-season months.
(2) CLIENTELE ON BOARD
Families, tourists, group functions, wedding parties, business
meetings and. retirees.
( 3 ) FOOD
Food shall be supplied by the "Canal Street Restaurant"
(formally the Bridge Restaurant) or by an outside caterer.
(4) TICKET OFFICI!!
A small area at the east end of the parking lot shall be set
aside for a small ticket office. This ticket office does
not require toilets or plumbing only electric .to it.
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PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned. residentCs) of Bar Harbour ARartments. 86
MacFarlane Drive. Delray Beach. apartment .3:r . is/are in
strong opposition to the following items being considered by the
C iiy Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square. south of AUanUc Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square. just
south of Atlantic Avenue.
/~ !Vi. QJLrw--
Signature Signature
~-=3 ( Z f.o / [fJ
Date
PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned, residenHs) of Bar Harbour Apartments, 86
. MacFarlane Drive, Delray Beach, apartment 31-1, ia1'are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
\F?~~\ ~~ Signature
Signat
tv\~ d~( /99/
Date
'"
PETITION
TO THE
CITY COMMISSION OF DElRAV BEACH
The undersigned, residentCs) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apartment 3 (, , is/are in
strong opposition to the following items being considered by the
Cit~ Commission:
1. Rezoning of the vacant properly located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat tickel sales office on the east side of Palm Square, just
south of Atlantic Avenue.
? ~dedfuu ~~~~cE Signature
7/~5/1j
Date
PETITION
TO THE
CIN COMMISSION OF DElRAY BEACH
The undersigned, residenHs) of Bar Harbour Apartments. 86
MacFarlane Drive, Delray Beach, apartment /OL'. is/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square. south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square. just
south of Atlantic Avenue.
1 '1
r .i,.., t rid! ~ CL- [/
,., , ..' - _, L,- .' l
Signatu Signature
":-%:1 S- /9 /
Date
PETITION
TO THE
CITY COMMISSION OF DELRAY BEACH
The undersigned, residenHs) of Bar Harbour ~artments. 86
MacFarlane Drive, Delray Beach, apartment '- .. F , is/are in
slrong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
~6~d" .tIt ~ (it cit (, f)'~ /
.~~v~~
Signature \.) ~~nature
.i --J. '= .<]1
Date
PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned. residenHs) of Bar Harbo~~, ~l;nenls. B6
MacFarlane Drive, Delray Beach, apartmen" '. is/are in
strong opposition to the following items beingtonsidered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south Of]?}.}, tic Avenue.
A ,"(
- 0 11:J . ~
U. ,/
. ! 1"\ ,I j'
/ ,: l~ /tv ~ A _ \ ~I -~:1
Signature / ....... Signature &/
\.....--/
3/'"L~)91
f /
Date
PETITION
TO THE
CIlY COMMISSION OF DElRAV BEACH
The undersigned, residentUrl' of Bar Harbo~r ~arlments. 86
Mac Farlane Drive, De lray Beach, apartmen G. is/aN in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square. south of Atlantic Avenue from Resisenlal Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square. just
south of Atlantic Avenue.
17~ fJ~/' <--s-
Signature Signature
1'1 /'HU.-Ff ~(P/ f ~4 J
Date
PETITION
TO THE
CITY COMMISSION OF DElRAV BEACH
The undersigned, residenHs) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach. apartment 5 A . is/-t::rn! in
slrong opposition to the foHowing items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
~~
Signature
PETITION
The undersigned, resident(s) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apar-tment 2 ::kis/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
\? \J ~,^&!&Q ~~~v1~cY
Signature Signature
%Nlru- ~I
Date
PETITION
TO THE
CIlY COMMISSION OF DElRAV BEACH
The undersigned, residenHs) of Bar Harbour Apartments, 86
MacFarlane Drive. Delray Beach. apartment ,2 -G . is/are in
slrong opposition to the following items being considered by the
City Commission:
1. Rezoning of lhe vacanl property localed on the east side of
Palm Square. south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
Signature
g/O! a-/9 I
Date
PETITION
TO THE
CITY COMMISSION OF DElRAY BEACH
The undersigned, residenHs) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apartment ID 8 , is/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of AUantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
-b~d.SJ~ Signature
Signa re
:> -- d.S-~ 9 I
Date
PETITION
TO THE
CIN COMMISSION OF DElRAY BEACH
The undersigned. residenHs) of Bar Harbour Apartments. 86
MacFarlane Drive. Delroy Beach. apartment ~ Cr . is/are in
slrong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square. south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square. just
south of Atlantic Avenue.
{!~ , (1 BCV1H./
Signature Signature
~- ~ 3",Jll
Date
PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned, residentCs) of Bar Harbour Apa.!:-tments, 86
MacFarlane Drive, Delray Beach, apartment I ~, is/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square. south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
/)
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(~~ /:i~ ~ -::L ~~
Ci c.z...~ ~
Signature Signature
Date
PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned, residenHs) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apartment ,S- CJ , is/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square. south of AtJantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
~(~}(j( d -XI~/.c,hA-' ~_ ALCb4> 1
Signature / . Signature
,#
/~< J'~\ ,7\ / q .
.j ,-c', .;..- /
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Date
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'G--L- ~ c. ( ",--1-/ )L- ,-!J'C!'<,-, ) ~jrZ- ,
U lU>f .JJ....... fl\ J/..- ku-(It J-I\J.L1.~2-T >>__ 'ff)c<) ;,...../..4<-tf0k.0'_.-k
(l/'tJLc:c- /
,,'
PETITION
TO THE
CIlY COMMISSION OF DElRAV BEACH
The undersigned, resident(s) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apartment 'Ii) . is/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square. just
south of Atlantic Avenue.
~~,~. y'
Signature
Signature
(3=;kJ 9 1
/ I
Date
PETITION
TO THE
CIlY COMMISSION OF DElRAV BEACH
The undersigned, residenHs) of Bar Harbour Apartments. 86
MacFarlane Drive, Delray Beach, apartment j ~. ,,/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square. south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
~/~s;;:tu~/faf- (?.o.~ ~ --'1"" 1. ~
51gnature
3 / 2---"2;
,
Date
,'"
PETITION
TO THE
CITY COMMISSION OF DElRAV BEACH
The undersigned, resident (s) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apartment.3 t:. . is/are in
s~g oppositi<?D to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
tJ/'~Q.&3n: A .7nA.~ Signature
Signature
3/.:4.2./91
I ,
Date
~ .
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t1j ItA.. ~a-k ~ .,t~
~ e.- .A...4.a- ~~ L ~1e.L
m TG.. ~ 6) D~ ~.
d1J'M~ ~ &. /~~
PETITION
TO THE
CIlY COMMISSION OF DElRAV BEACH
The undersigned, residenHs) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apartment /0 r:: is/are in
slrong opposition to the following items being considered by the
Cit~ Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
~Q fUr .
./,'> l/ I / L 4-t-"/~...A.---
~ u Signature (j
,4,;(',2 / [I
Date
PETITION
TO THE
CITY COMMISSION OF DElRAY BEACH
The undersigned, residenHs) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apartment / ()J2 is/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
Signature Signature
[j/2~3h/
I Oat~
PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned, resident(s) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apartment 4& . i&lare in
strong opposition to the fonowing items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square. south of AUantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
4 f L~'~ J;.'~ ~C.J~
/ ."-lJt.! / A '.-A' <AJ' ~, (/
{, ( (/ Signature Signature
3 .- ,2 '3 -- 9 I
Date
PETITION
TO THE
CIlY COMMISSION OF DElRAV BEACH
The undersigned, residenHs) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach. apartment ~ H ,is/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
i~) .ji, C . H~ /'1,'., /&7/!~~
Signature Signature
Mt>-v, ;2:J.. I I Y q I
Date
PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned, residenHs) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apartment ,/\ , is/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
6'. ~ -~ W<LU-
CJlrA ~ - \C-
Signature Signature
~ .t,,- ,/1[4/
)
Date
PETITION
TO THE
CIlY COMMISSION OF DELRAY BEACH
The undersigned, residenHs) of Bar Harbour Apartments. 86
MacFarlane Drive, Delray Beach, apartment .~ h , is/are in
strong opposition to the following items being considered by lhe
City Commission:
1. Rezoning of lhe vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approvallo establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
-JL;;;~t:!!:1 a ~.;J. h~ L
,- ,:/Signatu:?'
<3/ z-3 If/
I r
Date
PETITION
TO THE
CIN COMMISSION OF DElRAY BEACH
The undersigned. residenHs) of Bar Harbour Apartments. 86
MacFarlane Drive. Delray Beach, apartment (JJe . is/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square. south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square. just
south of Atlantic Avenue.
{lJJk;7r. ~ fr~E,4~
Signature Signature
Date
PETITION
TO THE
eIlY COMMISSION OF DElRAV BEACH
The undersigned, residenHs) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apartment t...V, is/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of AUantic Avenue from Resisenlal Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
~,uAf0tA>~e -~-?.y&/b ~V~
· Signature Signature
~ I
~.?/9'
/.
Date
~ ffi~~ t"- d!d1X-~~i ~ .&r 4-ut e'4 C'4<<i <-
PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned, residenHs) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apartment q P, i~/aPe in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
fJ{~J' t). El-~ ~
Signature Signature
m ~ 0 /9f1'
t01-<...t, ), "^ , /
,
Date
PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned. resident(s) of Bar Harbour Apartments. 86
MacFarlane Drive. Delray Beach. apartment r J. is/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square. south of AtlanUc Avenue from Resisental Zone
Distrkt to Commercial Facilities Distrkt to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square. just
south of Atlantic Avenue.
~13~~ Signature
Signature
~ CU1. ill 1-2 ltt
Date
PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned, resident(s) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apartment /0 G. is/aPe in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of AtJantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
(~ q}1 ~J 67
(~J 'Z JIX eX.'
Signature Signature
'3 ~) -:J - q /
- --~ .J
Date
'"
PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned, residenHs) of Bar Harbour tp;rtments. 86
MacFarlane Drive, Delray Beach, apartment P, is/are in
slrong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
, J4tvJ (~.l~/VYYL~
~C.CJ~ .,-
Signature Signature
3/ 'l1..0L
Date
C/k-~~h&sl~~
~c- ~~ a:J;-~ .~
~w-T~~~'~
",
PETITION
TO THE
CITY COMMISSION OF DElRAY BEACH
The undersigned, residenHs) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apartment 5~T ,is/afI'@ in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of AtlanHc Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
"--F
j .) '{
~h~U' ~L Signature
Signat"
3 - :l-S ~ CU
Date
PETITION
TO THE
CITY COMMISSION OF DElRAV BEACH
The undersigned, residenHs) of Bar Harbo~r \j;)~ents, B6
MacFarlane Drive, Delray Beach, apartmen , is/are in
strong oPRosition to the following items being considered by the
CilY Comm~on:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
~., ~. W~ \\.\~~
Signature Signature
~ OI\~ ~3 ..~ \
Date
PETITION
TO THE
CIlY COMMISSION OF DElRAV BEACH
The undersigned, residenHs) of Bar Harbour A~artments, 86
MacFarlane Drive, Delray Beach, apartmen~, is/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Allant.ic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
Signature ~C) ". ~--~~\S..~~
Signature
3/:;..:>) If 1-
Date ~ ~O':''''''' ..
, '\ '~. ~~ O~ ~~
-.......
~n~_ ~~ ~~.-
~ .. C)_1lJIo. . -a or- ·
,"
PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned, residenHs) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apartmenUO C. is/~in
slrong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
Signature
2:f~/W
Date
PETITION
TO THE
CIlY COMMISSION OF DELRAV BEACH
The undersigned. residenHs) of Bar Harbour Apartments. 86
MacFarlane Drive. Delray Beach. apartment 'l /-1 . is/are in
slrong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square. south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square. just
south of Atlantic Avenue.
(
?'l~' . ::;/<--~' ,,/;, ' ., , !// /' .
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Signature Signature
/ -.-}....7
/i 7(/./1 '",- .'
,I
Date
PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned. residenHs) of Bar Harbour Apartments. 86
MacFarlane Drive, Delray Beach, apartment 02 r . is/are in
slrong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square. south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square. just
south of Atlantic Avenue.
- - ~ ~ ~v"<Y1
Signature v Signature
1-).. '-f- -1/
Date
PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned. residenHs) of Bar Harbour Apartments. 86
MacFarlane Drive. Delray Beach. apartmenLA....E... is/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square. south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square. just
south of Atlantic Avenue.
~\.R. ~'Jz · ~I it Signature
Signature
~ I J.. 'f fCCL
I Date '
PETITION
TO THE
CIlY COMMISSION OF DElRAV BEACH
The undersigned, resident~ of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach. apartmen~. is/"Q:Pe" in
slrong opposition to the following items being considered by the
City Commission:
1. Rezoning of tr.e vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
IJru. ~1r~1a~ rP -M
Signature
Sgn~ure ~~~
~ ' j If ..- 1'/
Date
PETITION
TO THE
CIlY COMMISSION OF DElRAV BEACH
The undersigned. residenHs) of Bar Harbour Apartments. 86
MacFarlane Drive, Delray Beach, apartment tLJ , is/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square. just
south of Atlantic Avenue.
r 11!g~ ~~
Signature
SIgna
7Y1~J&.gl'U
Date
&L~~c:L~~
t/~~~ ~ ~
l ttiL bVu:
~~
PETITION
TO THE
CIlY COMMISSION OF DElRAV BEACH
The undersigned. residenHs) of Bar Harbour Apartments. 86
MacFarlane Drive. Delray Beach. apartment . is/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square. south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
&:./;/~~ ,
_/ A&-2.~~' /~
Signature . Signature
~Y'/ /1!
Date
.~ Ll<.(~ W C,Lt,,-<~--h>-<-~L:7r:~ .'
~.. ..~-....tL /.-__~ - b.;Llf'- l.. c.~__
'. (, ~-'r' l.. (r>', :;... ',,-- .
C-{';-;y,- h-<'" l<.C_~ C / -
)
~~.c
v
PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned, resident(s) of Bar Harbour Apartments, 86
MacFarlane Drive. Delray Beach, apartment 8 E/ . is/are in
slrong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of AUantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square. just
south of Atlantic Avenue.
1 ( ~f , ,', ~.--r--
{, &' ii".
. ()~dZ/lf; __' &ek-- ; / ()~fli....j::/' '.. / co{ -C."( (,
Signature Signature
~ )22.- J' 9 /
Date
(: U/ C~ L t'G. /4.eQ ><-- !Zc~ ~J fC:cr5j?~d
/ ~ti~ ~ 1L h1UK ~~ ~ ~ut rC
J0cetJ./ltV<~, ~t-d 7~1te12 ""'-r tl:~if"-<L
i!&r;- (A i!~JJ:
PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned, residenHs) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apartment & E-, , is/are in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square, south of Atlantic Avenue from Resisental Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
L~f~
Signature Signature
3- yS:-9/
Date
PETITION
TO THE
CIN COMMISSION OF DElRAY BEACH
The undersigned. resident~) of Bar Harbour Apartments. 86
MacFarlane Drive. Delray Beach. apartment 3E . is/~ in
strong opposition to the following items being considered by the
City Commission:
1. Rezoning of the vacant property located on the east side of
Palm Square. south of Atlantic Avenue from Resisenlal Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square. just
south Atlantic Aven e.
Signature
Date
PETITION
TO THE
CIlY COMMISSION OF DElRAY BEACH
The undersigned, residenHs) of Bar Harbour Apartments, 86
MacFarlane Drive, Delray Beach, apartment ~! ,is/are in
strong opposition to the following items being considered by the
City Commission:
----
/ 1. Rezoning of the vacant property located on the east side of
Palm Square, soulh of Atlantic Avenue from Resisenlal Zone
District to Commercial Facilities District to accommadate parking
for commercial use.
2. Approval to establish a commercial passenger loading area
and boat ticket sales office on the east side of Palm Square, just
south of Atlantic Avenue.
AJ~ {\.-~/4.L
Signature Signature
111 ~~ jij~}
.
Date
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MEMORANDUM
TO: MAYOR AND CI~MMISSIONERS
FROM: CITY MANAGER. .
SUBJECT: AGENDA ITEM # 9e, - MEETING OF MARCH 26, 1991
REQUEST FROM THE VILLAS OF RAINBERRY/MASTER DEVELOPMENT PLAN
AMENDMENT
DATE: March 20, 1991
We have received a request from the Villas of Rainberry asking that
the Commission initiate, on their behalf, an amendment to the Master
Development Plan for the Villas of Rainberry development reducing the
side yard setback requirement.
The LDRs provide for a community wide "adjustment" provided that the
request is initiated by an applicant (petitioner with standing). The
Villas of Rainberry Homeowner's Association does not have such
standing. Also, in the past, individual requests have not been
accommodated favorably through the Board of Adjustments.
The Planning and Zoning Board explored the feasibility of a change to
the setback requirements for all zero lot line communitiesi however,
after deliberation did not initiate such an amendment. At their March
18th meeting the Planning and Zoning Board members were of the opinion
that it would be appropriate to proceed with consideration of an
amendment to the Villas of Rainberry Master Plan after notification of
all property owners within the development. Should the Commission
initiate an amendment, it should be conditional that the Homeowners
Association pay the standard modification fee and provide a listing of
property owners within the development.
. of.!
. zrM
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
~ ~ .'6'\1"'\
. . ~ CJVtI..Gh
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 26, 1991
INITIATION OF A MASTER DEVELOPMENT PLAN AMENDMENT FOR
THE VILLAS OF RAINBERRY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiating consideration of an amendment to the Master Plan
for the Villas of Rainberry.
BACKGROUND:
This is an unusual situation. Heretofore, the only avenue of
relief for a reduction of side yard setbacks in the Villas was
through the Board of Adjustment. Individual requests have not
been accommodated favorably by that body due to there not being a
bonafide hardship.
with the adoption of the LDRs, a community wide "adjustment" may
be granted by the Planning and Zoning Board. However, there must
be an applicant (petitioner with standing) . The Villas of
Rainberry Homeowners Association does not have such standing.
Thus, they have asked the City Commission to initiate such an
amendment on their behalf (see attached letter).
Other avenues have been explored. The most recent being
consideration of a change to the setback requirements in all zero
lot line communities. After due deliberation, the P&Z Board did
not initiate such a City-wide code amendment.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not formally reviewed this
item. But at its meeting of March 18th it did decline to make a
City-wide code amendment. At that time, the Board expressed its
opinion that it would be appropriate to proceed with
consideration of an amendment to the Villas of Rainberry Master
Plan after notification of all property owners within the
development.
.
City Commission Documentation
Initiation Of A Master Development Plan Amendment
For The Villas Of Rainberry
Page 2
The Board also recommended that a standard modification fee be
paid and that the Association provide the list of property
owners.
RECOMMENDED ACTION:
By motion, initiate an amendment to the Master Plan for the
Villas of Rainberry in order to accommodate reduced set back
requirements with the action being taken at the request and on
the behalf of the Homeowners Association. The Association is to
pay the standard modification fee and provide a listing of
property owners within the development.
Attachment:
* Request letter from the Villas of Rainberry
DJK/77/CCRAIN.TXT
. .
, .
TBB VILLAS OP RAIRBBRRY ROMBOWRBRS ASSOCIATIOR, IlfC.
c/o II. J. Callup
235 WI 6th Ayenue
Delra7 Beach, Plorida 33483
November 5, 1990 Jj MURRAY CON'N ~
Cit7 of Delra7 Beach
PlanDing , ZoniDg Department 2115 N.W. 15lh Place
Oelray BeaCh; FL 33445 \
Cit7 Ball Telephone 14011 265-1985
100 NW 1st Avenue
Delra7 Beacb, PL 33444 SINGS
POPULAR & COUNTRY JJ
Attention: Mr. Dayid ~ovac., Manager ~ SONGS
Dear Mr. 1C0vacs:
--"--- ----.
Tbe Villas of Rainberr7 request that a Site Plan Modification be
granted for the entire development of 301 bome. decreasin8 tbe side
7ard setback fro. tbe present 15 feet to 7-1/2 feet wbereyer tbe
setback epposes the solid blank face of an adjacent zero-lot-line
wall, or wbere the side setback .pposes a 7-1/2 foot or 8reater
side or rear 7ard setback 00 ao adjacent lot or lots.
.
..
Tbe above request . reasonable: Sin81e-famil7 detached homes,
1S
conventional bome. on conventional lots, have 7-1/2 ~oot side
setbacks intended to ensure at least 15 feet of privac7 separation
between the adjacent bome.. Thi. . 108ical the facin8 wall.
1S as
ma7 bave open ins. sucb a. wiodows or doors makin8 such . privac7
separation desirable. Wbeo these setback requirements were adapted
to tbe zero-lot-line cODcept, tbe 15 foot separatIon between hoae.
was retained but, .s ODe of the epposin8 w.ll. is without opening.,
tbe Deed for prIvac7 ha. lost Its meaDiDa. Just as much privac7 i.
provided b7 7-1/2 feet a. b7 15 feet. .
TbaDk 70U for 70ur cooperatIon.
Siace.~~;~~R Ie .f~
Maaual W. Staiaba... Actia. p.a~t
'or the Board of Director.
cc: Architectural Cootrol Comaitteef ) ,j,~
!\,
Mr. Murra,. Doooazit. Z(,5' ''18 ~ :i"~ ~"",
M~. Sh..aaa Il. Ilutdclr. ~ ,;1 ~..,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # , J) - MEETING OF MARCH 26, 1991
REQUEST FOR CONDITIONAL USE APPROVAL/OAK SQUARE
DATE: March 20, 1991
We have received a request for a major modification of conditional use
approval for Oak Square Residential Treatment Facility, a drug abuse
rehabilitation and treatment center, located on North Federal Highway.
The proposal for this project includes the construction of a "village"
type residential treatment center. The project will be developed in
two phases. Phase I includes the construction of the administration
building and five buildings for living quarters. The configuration of
the five buildings includes two one story buildings comprised of three
bedrooms and a living room; and three two story buildings comprised of
four bedrooms and a living room. Recreational facilities include a
pool and basketball court.
Phase II consists of demolition the buildings currently erected on the
east side of the property. A six bed facility will be constructed
which will contain three bedrooms, living room, laundry facility,
small kitchen and an exercise room. The total project will consist of
42 beds.
Access to Phase I will be from Dixie Highway. Access to Phase II will
be from Federal Highway. Adequate parking has been provided for the
overall project. However, by Phasing the project, Phase I is short
three parking spaces. Temporary parking will be necessary in Phase II
to accommodate the parking requirement for Phase I. A six foot high
wall is proposed which runs along the east and west property lines
connecting from the Administration building in Phase I to the six bed
facility in Phase II.
The residents of this facility will generally be working during the
day, and returning in the evenings for meals, counseling and sleep.
The Community Redevelopment Agency at their February 27th meeting was
in favor of the petition and had no specific comments. The Planning
and Zoning Board at their March 18th meeting heard concerns from the
public regarding this project. Three individuals representing the
Place Au Solei 1 (Gulfstream) were concerned with possible further
expansion and intensification of use. The other individuals (two)
were commercial property owners along Federal Highway (County pockets)
and were opposed to the expansion. The Planning and Zoning Board
recommended approval of the conditional use subject to conditions
which included a capacity limit of forty-two beds and that any
increase in intensity would require the processing of a major
modification. A detailed staff report is included as backup material
for this item.
'"
.~' /-'
~/\
;1' /\
..- L :- v I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
'0'\. ~
~~~~~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 26, 1991
CONDITIONAL USE APPROVAL/OAK SQUARE RESIDENTIAL
TREATMENT FACILITY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a major modification to an existing conditional
use.
The project is the Oak Square Residential Treatment Center.
It is located on North Federal Highway. It is the last
piece of land in the City between Dixie and Federal
Highways.
BACKGROUND:
This property was recently annexed to the City. There is an
existing use of a residential treatment facility on the site.
The development proposal involves construction of a new facility
with the removal of the existing structures.
The most significant aspect of this development proposal deals
with findings pertaining to concurrency. There is no water and
sewer service directly to the site. The water situation appears
to be able to be accommodated by the applicant. The sewer
situation is more complex. The agent is in contact with
Environmental Services to try and work out a mutually agreeable
program for extension of sewer service. If not, then the project
cannot be constructed.
Please refer to the P&Z Staff Report for further discussion of
these concurrency matters and other aspects of the project.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of March 18th at which time a duly noticed public hearing
was conducted. There were two groups of objectors.
'"
City Commission Documentation
Conditonal Use Approval/Oak Square Residential Treatment Facility
Page 2
One (three people) were from Place Au Soleil (Gulfstream) . They
were concerned with possible further expansion and
intensification of the use. They also raised issue with the
legal status of the existing use. The P&Z Board added as a
condition of approval that if there were any request for
expansion or intensification that it would have to be processed
as a major modification (i.e. public hearing and City Commission
final action).
The other group (two people) represented commercial land owners
along Federal Highway (the last remaining County enclave
parcels) . They seemed to be opposed to the proposed expansion.
One of the folks had to be removed from the Chambers.
Following the public hearing, the Board unanimously (6-0)
recommended approval based upon findings and subject to
conditions as set forth in the staff report with the additional
condition that capacity is limited to forty-two ( 42) beds and
that any increase would require processing as a major
modification.
RECOMMENDED ACTION:
By motion, approval of the major modification to allow the
expansion of the Oak Square Residential Treatment Facility
pursuant to the findings and conditions as recommended by the
Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of March 18, 1991
DJK/#77/CCOAK.TXT
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: March 18 , 1991
AGENDA ITEM: . III. D.
ITEM: Conditional Use Request for a Major ~lodification to the Oak Square Residential
Treatm~nt Centro North Federal Hiohwav.
GENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Drug Abuse Foundation of Palm
Beach County, Inc.
Agent...........................Robert G. Currie or Jose Aguila
(Currie Schneider Associates AlA)
Location........................Parcel extending from U.S.
Highway No. 1 to Dixie Highway,
approximately 304 feet south of
Gulfstream Blvd.
Property Size................... 1. 1 Acres.
City Land Use Plan..............General Commercial
City Zoning.................... .GC (General Commercial)
Adjacent zoninq.................Land to the West of the subject
property is zoned MIC (Mixed
Industrial-Commercial), and to
the East is zoned GC. Land to
the North and the South are
unincorporated parcels which are
zoned CG (Commercial General).
Existing Land Use...............Residential Treatment Center
Proposed Land Use...............Upgrade of use by replacement and
expansion.
Water Service...................12" water main along the east
side of u.s. 1.
Sewer Service...................No sewer is ~eadily available to ITEN: III.D.
site.
U.S. Hiahway No. lo
'"
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation to
the City Commission on a Major Modification to a Conditional Use
which would allow a replacement and expansion of a Drug Abuse
Residential Treatment Facility. The use is allowed pursuant to
Section 4.4.9(D)(1).
Pursuant to Section 2.4.5 (E) an attendant sketch plan
accompanied the the Conditional Use request.
The subject property is located south of Gulfstream Boulevard,
between Dixie Highway and North Federal Highway. The parcel
contains approximately 1.13 acres.
BACKGROUND:
With the adoption of Ordinance 43-89, the subject property was
voluntarily annexed into the City on August 22, 1989, as a part
of the North Federal Highway Annexation.
Since the property was in the County, no development history
exist in our files. At the time of annexation, the property was
used by the Drug Abuse Foundation of Palm Beach County, Inc. as a
residential treatment facility. The Foundation is now before you
requesting that a Modification to a Conditional Use be granted to
allow replacement of and an expansion to this drug abuse
facility.
PROJECT DESCRIPTION:
The development proposal is to construct a "village" type
residential treatment center for drug abuse rehabilitation
patients. The project will be developed in two phases. Phase
One will have 36 beds and Phase Two will have 6 beds for a total
of 42 beds. The residents will generally be working in the day
time, returning in the evenings for meals, counseling and sleep.
The project is being phased in order to accommodate patients
which currently occupy the existing buildings in Phase Two. It
is the intention of the applicant to construct phase two
immediately after Phase one is completed.
Phase one includes an administration building and 5 buildings for
living quarters. Two of the buildings are one story which
include 3 bedrooms and a living room. Three of the buildings are
two stories and include 4 bedrooms and a living room.
Recreational facilities include a pool and basketball court.
Phase two is located on the east side of the subject property
where the existing buildings are to be demolished. Within this
phase a 6 bed facility will be constructed. The building will
include 3 bedrooms, living room, laundry facility, small kitchen
and an exercise room.
'"
P&Z Staff Report
Conditional Use - Oaks Square
Page 2
Access to Phase One will be from Dixie Highway. Access to Phase
Two will be from Federal Highway. Adequate parking has been
provided for the overall project. However, by Phasing the
project, Phase one is short 3 parking spaces. Temporary parking
will be necessary in Phase Two to accommodate the parking
requirement in Phase one.
A 6' high wall is proposed which runs along the east and west
property lines connecting from the Administration building in
Phase One to the 6 bed facility in Phase Two.
CONDITIONAL USE ANALYSIS:
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).
Drug abuse facilities are allowed as a Conditional Use under
the GC Zone District. GC is consistent with the Commercial
designation of the Future Land Use Plan.
Concurrency:
Facilities which are provided by, or through, the City shall
be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be
provided pursuant to levels of service established within
the comprehensive Plan. For sewer and water, concurrency
shall mean that direct connection to a functioning municipal
system is made. For streets (Traffic), drainage, open space
(parks), and solid waste, concurrency shall be determined by
the following:
* The improvement is in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there
is schedule of completion in the bonding agreement;
".
P&Z Staff Report
Conditional Use - Oaks Square
Page 3
* The improvement is part of a governmental capital
improvement budget; it has been designed; and a
contract for installation has been solicited.
Water: Water exist via a 12" main located on the east side of
Federal Highway. To serve this project, it is proposed that the
developer extend an 8" water main from Federal Highway to Dixie
Highway along the north property line. The 8" main will
terminate at a fire hydrant at Dixie Highway. The termination of
the main at the fire hydrant creates a dead end condition.
Concerns with this situation pertains to (a) biological
conditions at a dead end main and (b) water pressure for fire
suppression. Concern (a) may be overcome by having a service
line extending from the vicinity of the hydrant. Concern (b)
will require an assimilation model, or calculation to determine
adequacy of pressure.
The city is contemplating a water main connection between
Gulfstream Boulevard (west of the railroad tracks) to Federal
Highway. There may be a possibility of a linkage to the City
project. Thus eliminating the dead end condition. The City
project is included in this year's water system improvement
program.
Sewer: At the north end of the City, along Dixie Highway, the
sewer main presently ends at a lift station by Kentucky Fried
Chicken. A main also exists on the east side of Federal Highway;
however is very shallow and does not extend to this development
site.
The City is contemplating sewer in this area. However, no sewer
extension project has been established in the Comprehensive Plan
or the Water Departments work plan. In order for this project to
meet concurrency, an assurance of sewer being available to the
site must be made prior to issuance of a building permit.
Approval may be given to the conditional use request with
condition that provides for sewer system concurrency (Ref: Land
Use Element Policy B-2.4).
Drainaqe: All drainage will be retained on site in swales. No
problem is anticipated in meeting LOS standards.
Streets and Traffic: The applicant has provided a Traffic
Statement. The Statement concluded that Oak Square Residential
Treatment Center does not have an adverse or significant impact to
the adjacent roadway network. The proposed project will generate
fewer than two hundred daily trips (124). Therefore, is exempt
from the Traffic Performance Ordinance. The existing roadway
network will be adequate to provide acceptable levels of service
on those links adjacent to the site.
,'"
P&Z Staff Report
Conditional Use - Oaks Square
Page 4
Dixie Highway is a County road with 80' of right-of-way. Dixie
Highway does not appear on the County Thoroughfare Plan. Through
initial discussions with the applicant, it seemed appropriate to
request the abandonment of 30' right-of-way, resulting in an
ultimate right-of-way of 50'. When the abandonment request was
forwarded to the County, the County responded with the following
statement:
"While this section of Dixie Highway does not appear on the
Thoroughfare Plan, it does serve the function of a collector
road, has considerable continuity and provides access to
commercial, as well as residential properties.
Given these considerations, the County's position is that an
80' wide right-of-way is appropriate for this facility.
Such a right-of-way provides the opportunity for the
construction of appropriate turn lanes, utilities, drainage
and future road widening".
This situation is different than what we have previously believed
i.e. a 50' right-of-way for Dixie was sufficient and appropriate.
The City will continue correspondence with the County regarding
this matter. At this time, the applicant has revised the site
plan to accommodate the existing situation.
There is also a dedication requirement of 10' for the ultimate
right-of-way along Federal Highway. The dedication has been
accommodated.
Parks and Open Space: Pursuant to Section 4.3.4(K) 25\ of the
parcel is required to be provided in non-vehicular open space.
The attendant site plan shows in excess of 50\ in non-vehicular
open space.
The development proposal has been designed to retain and relocate
existing trees.
Pursuant to Section 4.3.4(6)(b), a special landscape setback of
20' is required along Federal Highway more than 30' has been
provided.
Solid Waste: One dumpster is provided for the proposed
development. The dumpster is located adjacent to the parking
area next to the administration building. Due to the length of
the parcel, it would seem appropriate to locate an additional
dumpster on the east end of the property.
,"
P&Z Staff Report
Conditional Use - Oaks Square
Page 5
Consistency:
Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E) for the
Conditional Use request 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.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following was found:
Future Land Use Element:
Policy B-2.4, Prior to recommending approval of any land use
application which comes before it, the Local Planning Agency must
make a finding of consistency with Objective B-2 (Concurrency)
and it's supporting policies. If such a finding cannot be made,
either conditions shall be made which provide for concurrency or
the land use request shall be denied.
* Water is included in this year's Water system
improvement program.
* Sewer has not been established in the Comprehensive Plan
or the Water Department work plan. However, approval
may be granted for the Conditional Use request with
condition that assures sewer being available to the
site prior to issuance of a building permit.
* All other Concurrency items have been met.
Capital Improvement Element:
Policy A-4.4, states that all new development shall be required
to extend public utilities for water, sewer and drainage to the
furthest portions of the property which is being developed.
Public Facilities Element:
Policy C-4.3, states that all new development shall be
responsible for extending water service to and through the land
to be developed.
By extending the main as proposed, these policies are only
partially met. In addition, the main needs to be extended
to the parcels north and south boundaries within the Dixie
Highway right-of-way.
"
.
P&Z Staff Report
Conditional Use - Oaks Square
Page 6
Housing Element:
Policy A-6.2, that whenever application is made for group homes
and housing for special groups, the request shall be evaluated
against the impact which will be made upon the stability of the
neighborhood. Further, an assessment shall be made of the
proximity of similar uses, their impact and how the number of
facilities relate to the need by Delray Beach residents for the
facility. The results of such an assessment shall be considered
by the Local Planning Agency and the City Commission in their
actions through the conditional use permitting process.
The site is not located in a residential neighborhood but is
in a predominately commercial area. To the north is a
produce stand, and north of that is a vacant Wendy's, to the
south is vacant property, and to the west and east is
commercial uses. In this area, all the lots have double
frontage between Federal Highway and Dixie Highway. Most
construction has occurred along Federal Highway, thus
leaving the balance of the property vacant along Dixie
Highway.
Oaks Square is the only facility of its type offered in
South County i.e. residential treatment center. The Drug
Abuse Foundation has purchased property on South Swinton
Avenue, however it is a public comprehensive service campus.
The campus will provide services such as continuing
education, prevention and treatment programs.
Compliance with Land Development Regulations:
The proposed use will be in compliance with the Land Development
Regulations if the conditional use is approved. A full site plan
submittal accompanied the conditional use request. Final action
for the the site and development plan rests with the Site Plan
Review and Appearance Board. There are no reasons why the
proposed project can not comply with LDR standards and design
requirements.
Required Findings: (Section 2.4.5(E))
Pursuant to Section 2.4.5 (E)(5) (Findings) in addition to
provisions of Section 3.1.1, the City Commission must make
findings that establishing the Conditional Use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
,"
.
P&Z Staff Report
Conditional Use - Oaks Square
Page 7
There is no change in the type of use on the property. However,
intensity will increase. The development proposal could have a
positive effect on the surrounding neighborhoods. The demolition
of the existing decaying buildings will be replaced by new
construction. The upgrading of the landscaping will enhance the
property. The proposed development could act as a catalyst for
new development in this area and should be an asset to the City
as a whole.
REVIEW BY OTHERS:
Community Redevelopment Agency:
At its meeting of February 27th, the Community Redevelopment
Agency reviewed the Conditional use request. The Board was in
favor of the petition and had no specific comments.
ASSESSMENT AND CONCLUSIONS:
This is a fairly straight forward conditional use request, in
that it involves the upgrading of an existing use. There are no
know issues with respect to use. One problem with the Dixie
Highway right-of-way has been accommodated in the project design.
There is a problem with concurrency relative to water and sewer
service.
ALTERNATIVES:
1. Continue with direction.
2. Recommend approval of the conditional use request for a drug
abuse treatment facility, subject to conditions.
3. Deny the Conditional Use request based on not being able to
make a positive finding dealing with items of concurrency.
STAFF RECOMMENDATION:
Recommend approval of the conditional use requests based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development regulations, policies of the
Comprehensive Plan and Section 2.4.5 (E) for the Oaks Square
Treatment Facility with the following conditions:
1. That prior to issuance of a building permit, previsions must
be made in a manner agreeable to the City Engineer and
consistent with the Comprehensive Plan, to assure sewer
service commensurate with occupancy.
,'"
P&Z Staff Report
Conditional Use - Oaks Square
Page 8
2. That prior to issuance of a building permit provisions must
be made in a manner agreeable to the City Engineer, to
assure that there shall be adequate water pressure for fire
suppression and that biological requirements for the water
system are met.
3. That prior to the issuance of a building permit a permit
must be obtained from FDOT for the jack-n-bore of the water
main and a HRS permit issued for the water main extension.
4. That Phase I be given a temporary C.O. until Phase II
parking is constructed.
JM/#3/0AK.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # q~ - MEETING OF MARCH 26, 1991
REQUEST FOR CONDITIONAL USE APPROVAL/SHELL
DATE: March 20. 1991
We have received a request for conditional use approval for a major
modification to convert an existing Mobil gasoline station, located on
the southeast corner of Atlantic Avenue and Military Trail, to a Shell
gasoline station.
The development proposal for this site includes the demolition of the
existing service station and construction of six dispensers ( 12
pumps) , a 1,000 square foot convenience store and a 648 square foot
car wash building. The redesign includes upgrading of the entire
site.
At their March 18th meeting the Planning and Zoning Board recommended
approval (6-0 vote) subject to conditions. A detailed staff report is
included as backup material for this item.
'"
('. u
t9J1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
~~~~d\"
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 26, 1991
CONDITIONAL USE APPROVAL/MOBIL TO SHELL CONVERSION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a major modification to an existing conditional
use.
The project is the conversion of an existing Mobil Gasoline
Station to a Shell gasoline/mini-mart facility with a car
wash. It is located in the southeast corner of Atlantic
Avenue and Military Trail.
BACKGROUND:
This property was recently annexed to the City. There is an
existing use of a gasoline and repair station on the site. The
development proposal involves construction of a new facility with
the removal of the existing structures. The new facility will
have additional pumps and a car wash along with a mini-mart.
Please refer to the P&Z Staff Report for further discussion and
analysis of the project.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of March l8th at which time a duly noticed public hearing
was conducted. Jack Kellerman spoke and noted that previous
attempts to have a car wash at this location were rejected by the
County.
Following the public hearing, the Board unanimously (6-0)
recommended approval based upon findings and subject to
conditions as set forth in the staff report with a modification
to condition #2 whereby improvements associated with a cross
access situation not be required until such time as the cross
access becomes a reality.
City Commission Documentation
Conditonal Use Approval/Mobil To Shell Conversion
Page 2
RECOMMENDED ACTION:
By motion, approval of the major modificatlon to the Conditional
Use for the gasoline station at 2970 West Atlantic Avenue
pursuant to the findings and conditions as recommended by the
Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of March 18, 1991
DJK/77/CCGAS.TXT
PLANNING & ZONING BOARD
CiTY OF DELRA Y BEACH --- 8T AFF REPORT ---
MEETING DATE: MARCH 18, 1991
AGENDA ITEM: . . III. E.
CONDITIONAL USE REQUEST FOR MAJOR MODIFICATION TO AN EXISTING GASOLINE STATION,
ITEM: SHELL STATION LOCATED AT 2970 WEST ATLANTIC (SE corner of Atlantic & Militar~)
J L ttttJitij
. ill. .....
ATLANTIO AVENUE
J
N
GENERAL DATA:
Owner...........................Ralph Nichols c/o Delta Petroleum
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . William Duffey
(D.F. Consultants Inc.)
Location........................The Southeast corner of Military
Trail and West Atlantic Avenue.
Property Size...................O.938 Acres
City Land Use P1an..............General Commercial
City Zoning.....................GC (General Commercial)
Adjacent zoning.................The subject property is bounded
on the South, North and East
sides by property that is zoned
PC. Land to ..the West of the
property is presently Unin-
corporated. 'It is proposed as GC
with West Atlantic Annexation 13.
Existing Land Use...............Gasoline Service Station
Proposed Land Use...............Self-Serve Gasoline Facility
Water Service...................12,. water main along Military
Trail, and a 8" water main along
Alantic Avenue.
Sewer Service...................Sewer is available from the III. E.
shopping center to the south.
'"
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a major modification to a Conditional Use, to establish a
gasoline station with an accessory convenience store and car wash
facility. A concept/sketch plan is accompanying the request.
The property is located at the southeast corner of Atlantic
Avenue and Military Trail.
Pursuant to Section 2.4.5 (E)(7), if the Conditional Use request
is considered a major modification final action will rest with
the City Commission after a recommendation from the Planning and
Zoning Board. Upon approval of the Conditional Use request the
Site Plan approval action will rest with the SPRAB (Site Plan
Review and Appearance Board).
BACKGROUND:
The existing gasoline station was approved and built while the
property was under County jurisdiction. The property was annexed
into the City on December 12, 1989 (West Atlantic Annexation No.
2) , via Ordinance No.67-89 with a GC (General Commercial) zoning
designation. During the changes in the zoning map associated
with the adoption of the LOR's the zoning was changed to PC
(Planned Commercial). This designation was applied to this parcel
because it was considered a part of the adjacent shopping center.
However, the parcel is described by metes and bounds and is under
separate ownership.
The PC (Planned Commercial) zoning district contains the
following language under Section 4.4.12 (F)(2):
"The minimum lot size for new PC developments is five acres"
and "Any free standing structure shall have a minimum floor
area of 6,000 sq.ft."
On February 7, 1991 immediately after submittal of the Conditional
Use and Site Plan development proposal, the applicant requested
relief from the above requirement. Pursuant to Section 2.4.7
(F)(2)(a) a Special Advisory Board has been created and upon a
unanimous vote can place before the City Commission any
provisions of the LDR's, including designations on the Official
Zoning Map, which in it's judgement were inappropriately or
inadvertently changed or approved. The Special Advisory Board
reviewed the applicants request for relief and determined the
item was eligible for special consideration. A correcting
ordinance changing the zoning designation from (PC) to (Ge) was
before the City Commission on first reading on February 12, 1990
and received approval at second reading on February 26, 1990.
Within the GC (General Commercial) Zoning district gasoline
stations are allowed as conditional uses.
"'
P&Z Staff Report
Shell Oil Major Modification to Conditional Use
Page 2
PROJECT DESCRIPTION:
Currently the site contains a Mobil gasoline station with 4
dispensers (8 pumps) along with a 1,500 sq. ft. free standing
structure containing 2 inside repair bays and an office. In
addition, a roofed area extends from the structure's east side
and functions as an outside repair area.
The proposal before you involves demolition of the existing
station and construction of 6 dispensers (12 pumps), a 1,000
sq. ft. convenience store and a 648 sq. ft. car wash building. The
redesign will include upgrading the entire site.
CONDITIONAL USE ANALYSIS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the application,
the Staff report, or Minutes. Findings shall be made by the
body which has the authority to approve or deny the
development application. These findings relate to the
following four areas.
Future Land Use Map: (The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation).
The Gasoline Station use is allowed in the GC (General
Commercial) zoning district as a Conditional Use. The GC
zoning district is consistent with the General Commercial
Land Use designation on the Future Land Use Plan.
Concurrency: (Facilities which are provided by, or through,
the City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within
the Comprehensive Plan. For sewer and water, concurrency shall
mean that direct connection to a functioning municipal system
is made. For streets (traffic), drainage, open space (parks),
and solid waste, concurrency shall be determined by the
following:
* The improvement is in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there a
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital
improvement budget; it has been designed; and a contract
for installation has been solicited.
'"
P&Z Staff Report
Shell Oil Major Modification to Conditional Use
Page 3
Water:
Water Service exists to the site via an extension from the 12"
main located along the east side of Military Trail. This
development proposal must dedicate 16' of additional right-of-way
for Military Trail. Upon dedication the existing water meter
will be located within the right-of-way. Relocation of the water
meter to private property is required and is proposed.
The nearest fire hydrant is located approximately 55' from the
east property line within the adjacent shopping center. The
Fire Department has indicated the existing fire hydrant is on
private property and unless cross access is provided between both
parcels at this time the minimum spacing requirements will be
exceeded. Therefore, a fire hydrant is required at the southeast
corner of Atlantic Avenue and Military Trail. A fire hydrant is
proposed for that location.
Sewer:
Sewer Service is proposed via a connection into the 8" main
within Military Trail. The revised submittal shows a 6" service
lateral extending west to a monitoring manhole to be located
along Military Trail. A new 6" main is proposed extending south
to connect with an existing 8" main which extends under Military
Trail. The proposed 6" section of main must be indicated as an
8" main. Revisions to the Sewer and Water plans is required.
Drainage:
Drainage is accommodated on-site via exfiltration trenches. The
following technical item is noted;
A French drain is required in the Military Trail driveway at
the ultimate right-of-way line. The development proposal
provides the trench at the current right-of-way line. The
trench drain may only be located in the right-of-way by
approval of the County. Relocate French drain or provide
verification of approval including identification of who
will be financially responsible for the relocation of the
trench with the widening of Military Trail.
Streets and Traffic:
The development proposal results in an increase of 522 trips per
day over the existing use. Pursuant to Palm Beach Traffic
Ordinance a full traffic study was required and has been
submitted. No off-site improvements are recommended in the
traffic study. The intensity increase of this magnitude at this
highly commercialized intersection should have minimal impact.
P&Z Staff Report
Shell Oil Major Modification to Conditional Use
Page 4
Parks and Open Space:
Park dedication requirements do not apply for nonresidential
uses. Open space requirements are a function of Section
4.6.4(E) and Section 4.6.16(H)(3)(perimeter requirements), and
Section 4.4.21(H), Section 4.6.16(E)(Internal landscape
requirements) as well as Section 4.3.4. (H) (6) (b) (Special
Landscape Setbacks). These requirements must either be met or
I appropriate waivers and variances obtained with the full site
plan submittal.
Solid Waste:
One dumpster is being proposed at the southwest corner of the
site. This appears adequate for this use.
Compliance with Land Development Regulations:
The proposed use is in compliance with the Land Development
Regulations. If the conditional use is approved, a full
site plan submittal will be reviewed by the Site Plan Review
and Appearance Board. The proposed site plan must comply with
the L.D.R.'s. It is appropriate at this time to bring the
following LDR requirement to the attention of the applicant.
* Pursuant to Section 2.4.5(K) the property must be platted as
a minor subdivision. Platting is required as the parcel has
been created by a metes and bounds description from a larger
parcel, since right-of-way dedication is required, and to
provide cross access to the adjacent shopping center.
* Pursuant to Section 4.3.3 (J)(5) (General Development
Standards) the following minimum requirements must be met to
establish the Convenience Mart/Gasoline Station use.
Minimum lot area 15,000 sq. ft.
Minimum frontage 150 ft.
Parking requirements 1/250 sq.ft.of floor area
This development proposal contains 40,829 sq. ft. and
has 200' and 206' of frontage. Adequate parking is
provided.
* Additional requirements relating to driveway widths and
locations, as well as locations of dispensers, storage
tanks, lift and repair facilities and product display racks
are listed under General Development Standards. All these
requirements have been complied with and are better
discussed during the site plan approval process.
,'"
P&Z Staff Report
Shell Oil Major Modification to Conditional Use
Page 5
* Pursuant to Section 4.3.4. (H)(6)(b) (Special Landscape
Setbacks) apply along both Military Trail and Atlantic
Avenue. The landscape strips are to be 30' or 10% of the
average depth of the property, whichever is smaller. A 19'
landscape strip is required along Military Trail while a 20'
landscape strip is required along Atlantic Avenue. Both
landscape strips are provided on the revised sketch plan.
Pursuant to Section 2.4.5 (E)(5) (Findings) in addition to
provisions of Section 3.1.1, the City Commission must make
findings that establishing the Conditional Use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
This site is bordered by commercial shopping center uses to the
north, south, west and east. The proposal before you seeks to
upgrade and modernize the existing gasoline station. The
development proposal will eliminate the industrial type repair
operation from this prominent intersection. In addition, a more
aesthetic property will be provided. The aforementioned
improvements will not hinder redevelopment or have a detrimental
effect on the stability of surrounding uses. Nearby properties
are fully developed.
Consistency:
Compliance with performance standards set forth in Chapter 3 and
required findings in Section 2.4.5(E) shall be the basis upon
which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan
may be used in making of a finding of overall consistency.
Required findings under Section 2.4.5(E) are discussed under the
"Compliance with LOR's" section of the staff report and a
positive finding to each is made. A review of objectives and
policies of the adopted Comprehensive Plan was conducted and the
following objectives or policies were found.
Objective A-2 Traffic Element
The traffic circulation system, and improvements thereto, shall
be coordinated with new development as depicted on the Future
Land Use Map in order to retain the appropriate level of service
or otherwise provide for adequate and safe access concurrent with
such new development.
,"
P&Z Staff Report
Shell Oil Major Modification to Conditional Use
Page 6
Policy A-s.2 Traffic Element
Additional development in proximity of high accident areas shall
include, in the required traffic report, the specific topic of
the accident area. Such development will not necessarily
exacerbate the situation which has led to the high accident
designation.
Policy A-6.2 Traffic Element
The zoning regulations shall provide that approval of a
modification to an existing site development plan and/or
conditional use shall be conditioned upon the upgrading of its
points of access to meet adopted standards.
The existing station has 2 driveways on Military Trail and 2
driveways on Atlantic Avenue. Two of these driveways are
located within 15' of the intersection. With the modification
only two access points are proposed to the site and they are
located at least 90' from the intersection providing a much safer
condition.
Policy A-s.3 Traffic Element
The City shall guard against the over-commercialization of
intersections by restricting land uses which are high traffic
generators to no more than two adjoining intersection corners.
This policy shall be reflected on the Land Use Map.
This policy is not applicable to this parcel in that the
Future Land Use Map provides a commercial designation and
the proposal is modifying an existing use.
OTHER:
Cross Access:
During staff review a recommendation was made to provide cross
access between the gasoline station and the shopping center to
the east. This would eliminate the need to access the public
street system to go from one site to the other. With the
existing site there appears to be evidence of existing cross
access activity within the southern swale area of Atlantic
Avenue.
On the revised site plans the applicant has not accommodated such
a cross access. The applicant has indicated that providing the
cross access will interfere with the car wash stacking area.
However, 100' of stacking can be provided for the car wash and
the cross access driveway installed north of it. (See attached
exhibi t) .
"
P&Z Staff Report
Shell Oil Major Modification to Conditional Use
Page 7
It is staff's recommendation that the applicant be required to
provide cross access between parcels. To that end, this
development proposal should provide a curbed access drive of 24'
to the east property line. Currently the shopping center has an
established hedge between the properties. The existing hedge
would remain until future development of the shopping center, at
which point the balance of the access will be re9uired. The
hedge material will act as a deterrent to premature utilization
of the access point.
The Planning and Zoning Board should provide direction to the
applicant as to whether cross access must be provided.
Nonconforming signs:
On the existing site there is a large billboard. With the major
modification of the site plan removal of the sign is proposed.
Pursuant to Section 4.6.7 (H)(4) this sign is a Nonconforming
Class 1 sign and is required to be removed by July 10, 1991
whether the use is established or not.
Permits:
This development proposal will require a County permit for the
driveway from Military Trail, FOOT permit for the driveway from
Atlantic Avenue, SFWDD and LWDD permits or letters of exemption
for drainage, a DER permit for the new underground tanks, and a
Health Department permit for sewer improvements.
REVIEW BY OTHERS:
Site Plan Review and Appearance Board:
A full site plan was submitted concurrent with the Conditional
Use request. Final action on the site development plans rests
with the Site Plan Review and Appearance Board. The site
development plan will be scheduled for consideration by the
Site Plan Review and Appearance Board if approval of the
Conditional Use is granted by City Commission.
ASSESSMENT AND CONCLUSIONS:
Approval of the major modification of the conditional use will
allow a substantial upgrading of the existing service station.
Compliance with current Land Development Regulations will
result in provision of special landscape buffers along Military
Trail and Atlantic Avenue, as well as total site landscape
improvements. These visual improvements will have a positive
influence on adjacent properties and the immediate area.
P&Z Staff Report
Shell Oil Major Modification to Conditional Use
Page 8
The increase in intensity relating to the Convenience Mart
function and additional pumps will generate approximately
522 additional daily trips. This number of trips is
negligible given the surrounding roadway networks. The
reconfiguration will mitigate current undesirable access
points, and provide a more aesthetic property through
accommodation of required special landscape areas.
ALTERNATIVES:
A. Continue with direction.
B. Recommend approval of the request based upon positive
findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(E)(5) and subject to
conditions.
STAFF RECOMMENDATION:
Recommend approval of the Major modification to a
Conditional Use based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and Section
2.4.5(E)(5) and subject to the following condition:
1- Platting as a minor subdivision pursuant to
Section 2.4.5(K).
2. Accommodation of the following through site plan
revisions to be approved by the SPRAB Board.
* Cross access along the east property line.
* Providing the required internal landscaping by
implementing solutions identified in the staff
report.
3. Obtaining permits or exception letters from Palm
Beach County Traffic, Health Department, FDOT,
SFWDD, LWDD, and DER.
4. Submittal of revised Paving and Drainage Plans
proving the following;
* Relocation of the proposed trench along Military
Trail or verification from Palm Beach County as to
acceptability of the proposed location.
".
P&Z Staff Report
Shell Oil Major Modification to Conditional Use
Page 9
5. Submittal of revised Sewer and Water plans providing
the following;
* An 8" verses 6" main in Military Trail
Right-of-way.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER df?1
SUBJECT: AGENDA ITEM # qF - MEETING OF MARCH 26, 1991
REQUEST FOR WAIVER OF THE LAND DEVELOPMENT REGULATIONS
DATE: March 20, 1991
We have received a request from the Harbourside Condominium
Association for a modification of the standards for construction of a
125 foot long by five foot wide marginal dock with a 55 foot long by
five foot wide "L" section and a request for waiver of the requirement
to install a wastewater pump out station. The LDRs provide that a
dock cannot extend further than five feet from the property line and
that new dockage construction of this size provide a wasterwater pump
out station. Additionally, Palm Beach County Department of
Environmental Resource Management also requires a pump out station.
The City Engineer has reviewed this request and recommends approval of
the variance. Approval of the request for waiver of the installation
of a wastewater pump out station is also recommended, contingent upon
approval from Palm Beach County DERM.
Recommend approval of the request from Harbourside Condominiums for a
modification to the standards for construction of a 125 foot long by
five foot wide marginal dock with a 55 foot long by five foot wide "L"
section; and, contingent upon approval from Palm Beach County DERM,
approval of the request for waiver of the requirement to install a
wastewater pump out station.
'"
'"
~f -
.
.'
Agenda Item No.:
AGEIIDA REQOBST
Date: 3/22/91
Request to be placed on:~
X Regular Agenda Special Agenda Workshop Agenda
When: 3/26/91
Description of aqen~~ item (who, w~at, wheffie h~w much):
The Harbourside Conaom~n~um requests a wa~ver to t e tDR s on two COUIlL~.
S~e Attached memo to Mr. Harden dated 3/22/91.
ORDIIlAllCB/ RBSOLO"l'IOH REQOIRED: YES/NO Draft Attached: YES/NO
Recommendation: See Attached memo to Mr. Harden dated 3/22/91
Staff recommends conditional approval.
t.
Department Head Signature: aJ41IiL-.--v.._fl0~A'f
Deteraination of Consistency with Coaprehensive Plan:
~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
- . DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER
THRU: WILLIAM H. GREENWOOD /jt//)h
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: MARK A. GABRIEL, P.E.tU~
ASST. DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER
DATE: MARCH 22, 1991
SUBJECT: HARBOURS IDE CONDOMINIUM
REQUEST FOR WAIVER
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
This office has reviewed the proposed construction plans and
finds two conditions which require a waiver to the LOR's. These
are:
1. The proposed dock is to be constructed more than 5 feet
from the property line.
2. The proposed facilities require a wastewater pump out
station.
Item I: The proposed facilities are to be constructed on the
Intracoastal waterway. The project has been permitted
by the Army Corps of Engineers, who has authority over
construction along the Intracoastal. Staff believes
that if the project is acceptable to the Corps, it
should be acceptable to the City.
Item 2: The LOR's require that new dockage construction of this
size provide a wastewater pump out facility. Palm
Beach County OERM also requires that these facilities
be provided. Staff recommends that this waiver be
granted conditional upon receiving a waiver from OERM.
It should be noted that staff could not determine the
location of the nearest existing pump out facility. It
appears that if these facilities are not provided the
residents would need to go to Broward County. Also, if
the facilities are provided a IPP permit would be
required from the City of Oelray Beach.
1 of 2
MARK GABRIEL: Please prepare a letter for my signature. DTH
. . WILliAM A. MYERS
ONE HARBOURS IDE DRIVE, APT. 3-601
DELRA Y BEACH, FLORIDA 33483
407-276-3284
.if .b t" ~-.
, ~/ )1'
- ~"~ \/ f:,' " i
MAR 2 ~ IJ I
Richard Harden, City Manager CI7~ ". 0 1991
/VIAIvAG ~.
Delray Beach, Fla. t (v
- v UtFtc,.
Dear :Mr Harden:
I am writing as a unit owner at rarbourside Condominium, Delray Beach.
When you became our new city manager not so long ago, we were pleased
to hear you take the stand that you believed in enforcement of city ordinances
and regulations.
The enclosed letter and drawing sent to Patrick Costello of your Dept.
of Engineering cites an intended violation of your rules on new docks. The
condo is now in the process of applying for a permit to build some new docks
in the Intracoastal waterway beyond the legal distance from our property line.
We'd appreciate it if this matter gets referred to the proper department.
Yours,
March 19, 1991
-4\ bd' )
-::....> 1:-01 \l ,- ~.
)\@,~"';.:..l .
'Li-~'"
9\ \
M'\l\ 2. () \9
. -,-_::: -:-;:~ .-:--:'. -
'"
~ WIlllAM A. ~.l.~~..w
.. ONE HARBOURSlDE DRIVE. APT. 3-601
DELRA Y BEACH. FWRIDA 33483
407.276-3284
March 18, 1991
i Patrick Costello
Dept. of Engineering 243 S Swinton
City of De1ray Beach, Fla.
Dear Mr. Costello:
Last fall two other unit owners and I from Harbourside Condominium
visited with you at your office, seeking informattnJ on procedures involved
in building a dock on the Intracoastsl in front of Building J at Harbourside,
which is about : mile north of the Linton bridge.
At that time you gave us a copy of the city'.regt'J.ations entitled
JlDocks, Piers and Boat Lifts" from which I quote:
154.16 TANDARDS FOR APPROV At
(A) A do k, exclusive of dock pilings, shall not project more than
~ ~
five feet into a aterway from the property line or seawall or bulkhead or
--
seawall cap, whichever is nearest to the waterway. In no case shall the dock
extend more than eight feet beyond the property line.
#########
I enclose a copy of a portion of a map of the proposed new dockage
at Harbourside, prepared by the engineering firm of John Grant, 3333 North
Federal, Boca Raton. This shows the edge of the dock some 15 feet beyond our
- ---
property line into the Intracoastal. (Note red marks on the map)
-
The condo directors are seeking a permit from the city to build this
dockage, and it seems to be in v~lation of your regulations. If this matter
is not in your department, please refer it to th':-y!:9'p-er o~__.
A copy of all this is also going to~ty mana~gr his fi1ess.
Yours,
M;yers
Unit owner, Harbourside Condo.
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Harbourside
ON THE INTRACOASTAL
CONDOMINIUM ASSN. INC.
" .
J anuat',/ 15. 1991
City 1-lanaget'
De 1 t'ay Beach. F lot' i oj .:;i.
Deat' t:; 1. t":
Hat'bout's ide Condominium Association t'eauests het'e\"i th a
va.t-. i a.nce to e:.:c lude a Pumo Out Station t'eou i t'emen t on OLlt-.
c.1 oc k e:d;en'::; i q.n.
ltJe cH'E? DI.B.nninCJ tel bu i 1 d 7 neL'I/. dock soaces alon!? the
In t t'ac:oas 1;21.1 i.n .:3.dd i t i all tC) the .....~ dock soaces a1 t'eady in
.:,..._t
Dla.ce. dnd .;it'e I~Ja i t inl~ Ciet-'mi ts fOomen tat' i 1 y.
l.je t'eques t that the Du.mp out station be omitted since:
U\j ~
None of the CUt' t' e n t I..1Cl"'.ts Ot' the seven nel"l small boats
a. va i 1 themselves o'f a. Dump but pumo ovet'.boa. t'd Ot' utilize
Dot'ta-oot i es.
( B) Othet' dock ins t .:',11 cl t ion s in De 1 t'ay Beach, 50 'feet Cl.nd .
O\le f' ~ \'l/er'€! no i; t'€!O u i t-'ed to install a. pump au t. . .
,::;oecificallv Sf:.\.~9.~. 1;e a.nd the DeIt,a.'y Beach Yacht Club.
.
(C) l.Je <'\5 Co), P t' i vat f.':~ h ~~ t""!:) 0 r' would not make a pumo avai labIe
"':: C) fJ.=:,'ss i ng boats "" i nee I'I/€! have no pat'k i n9 ot' dock: in9
st.lac€:~ .
t=:. 1 e3.'::; e ;:.DrtS idet' i.:h i.'=,; t"' E:.~ (.ll_~e::i t 'fot-. vat' i ance p t'0,11\:1 t 1 Y since OUt'
const r'tJct i on pet' i od i ~:; Cl.OtH'D2'.ch i rt',;/"
Since\,'plv~
c!).?lt~
P,. T Mikul<:l.. F't'es i den t
'..} .
Boa t'd 01' D i t'eG: tOt'S
"-L:?Tbuut'S i d.,? Condominium ,clssociation
h
One Harbourside Drive
Delray Beach, Florida 33483
"
HARBOURSIDE CONDOMINIUM ASSOCIATION INC
ONE HARBOURSIDE DRIVE
DELRAY BEACH FL 33483
03/15/91
CITY OF DELRAY BEACH
100 NE 1ST AVENUE
DELRAY BEACH FL 23344
ATTN: MR. DAVID HARDEN,CITY MANAGER ' .
RE: OUR VARIANCE REQUEST..PUMP OUT STATION and OUR LETTER
OF 03/15/91.
DEAR MR. HARDEN,
WE WISH TO AMEND OUR ORIGINAL REQUEST WITH AN ADDITIONAL
REQUEST FOR ANOTHER VARIANCE.
WE HAVE JUST LEARNED FROM YOUR ENGINEERING DEPARTMENT THAT
WE NEED A VARIANCE TO EXTEND OUR DOCK MORE THAN FIVE FEET
BEYOND THE PROPERTY LINE.
THE ATTACHED DRAWING SHOWS THAT OUR PROPOSED DOCK EXTENDS
10 FEET BEYOND THE PROPERTY LINE AT THE SOUTH END AND 20
FEET BEYOND THE LINE AT THE NORTH END.
THE FOLLOWING INFORMATION IS PERTINENT TO OUR ADDITIONAL
REQUEST TO EXTEND THE DOCK MORE THAN FIVE FEET:
THE ORIGINAL DESIGN AS ENGINEERED BY THE JOHN GRANT
ENGINEERING FIRM CALLED FOR A DOCK THAT EXTENDED ONLY
5 FEET BEYOND THE PROPERTY LINE AND IN ACCORDANCE WITH CITY
CODE. THE STATE AND COUNTY ENVIRONMENTAL PROTECTION AGENCYS
OBJECTED TO THIS BECAUSE,WITH THIS DESIGN , THE NORTH LEG OF
THE DOCK(WHICH WOULD BE PARALLEL TO THE INTRACOASTAL) WOULD
THEN BE TOO CLOSE TO THE RIPRAP ALONG THE SHORE LINE. THIS
WOULD NOT BE ACCEPTABLE ENVIRONMENTALLY.
THE CORPS OF ENGINEERS THEN AGREED TO EXTEND THEIR DESIGN
FURTHER OUT IN ORDER TO MEET EPA STANDARDS.
WITH THIS NEW RATIONALE, JOHN GRANT ENGINEERS REDESIGNED THE
DOCKS TO MEET EPA STANDARDS.
PERMITS WERE ISSUED FROM THE TWO EPA ORGANIZATIONS AND PERMITS
PLUS A GRANT OF EASEMENT WAS ISSUED BY THE CORPS OF ENGINEERS
WE FORWARDED COPIES OF THOSE DOCUMENTS TO YOU WITH OUR LETTER
OF 03/15/91
WE THEREFORE REQUEST THAT A VARIANCE TO PARAGRAPH 7.9.5(A)
OF THE LAND DEVELOPMENT REGULATIONS BE GRANTED. THIS WILL ALLOW
US TO EXTEND OUR DOCK 10 FEET ON THE SOUTH END AND 20 FEET ON THE NORTH
'"
.
END IN LIEU OF 5 FEET BEYOND THE PROPERTY LINE.
THESE DIMENSIONS ARE SHOWN ON THE ATTACHED DRAWING.
WE URGENTLY REQUEST TMAT THIS BE PLACED ON THE AGENDA FOR
THE MARCH 26,1991 COMMISSION MEETING.
YOURS TRULY ~~ .: .
LUCO MEOLI,V PRESIDENT,BOARD OF DIRECTORS
COPY: CITY ENGINEER
'"
HARBOURSIDE CONDOMINIUM ASSOCIATION,INC
ONE HARBOURSIDE DRIVE
DELRAY BEACH FL 33483 i~: i:CEIVEil
03/11/91 MAR 1 3 1991
CITY OF DELRAY BEACH
100 NW 1ST AVENUE CITY IVJANJ\(itK'$ OFFICl
DELRAY BEACH FL 233444
ATTN: MR. DAVID HARDEN,CITY MANAGER
RE: OUR VARIANCE REQUEST ..PUMP OUT STATION
DEAR MR. HARDEN
YOUR LETTER OF JANUARY 24,1991(ATTACHED} ADVISED THAT YOU
NEEDED A COPY OF THE ARMY CORPS OF ENGINEERS APPROVAL FOR OUR
DOCK. A COPY OF THIS APPROVAL IS ATTACHED.
IN ADDITION TO THE INFORMATION ALREADY SUBMITTED,IN OUR
ORIGINAL REQUEST,WE ALSO INVITE YOUR ATTENTION TO THE
FOLLOWING
OUR DOCKS HAVE BEEN IN EXISTANCE AT HARBOURSIDE SINCE 1975.
THE NEW CONSTRUCTION IS ONLY AN EXTENTION OF THESE EXISTING
DOCKS.
MANY OF THE SMALLER BOATS IN OUR HARBOR HAVE NO HEAD FACILITIES
AT ALL. OTHERS HAVE THE CAMPER TYPE "PORTA POTTI" ARRANGEMENT
WHERE THE HOLDING TANK IS MANUALLY REMOVED FROM THE BOAT AND
EMPTIED AT TOILET FACILITIES CLOSE TO THE DOCKS.
THE REMAINING BOATS(APPROXIMATELY 7) ARE CAPABLE OF PUMPING
OUT USING THE ON BOARD PUMP DESIGNED FOR THAT PURPOSE.
YOURS TRULY, ~
/f~ ~ .jj;;.:Ir
VONNE GUGEL', PRESIDENT BOARD OF DIRECTORS
.~cyt L1~v~
J.
[ITY DF DElHAY BEA[H
100 N.W. 1st A'JENUE DELRAY BEACH, FLORIDA 33444 407/243- 7000
'., .
January 24, 1991
Mr. A. J. Mikula, President
Board of Directors
Harbourside Condominium Association, Inc.
One Harbourside Drive
Delray Beach, Florida 33483
RE: Variance Request - Pump Out Station
Dear Mr. Mikula:
As you are aware, our City Code requires a pump out station
installation where there are two or more docks serving property where
the docks exceed 50 feet in aggregate length.
The Code can be waived by City Commission through a public hearing
process, properly advertised at least ten (10) days before the
hearing. However, prior to taking this request to City Commission we
will need a copy of the Army Corps of Engineers approval for the dock.
The next regular meeting of the City Commission is February 12, 1991.
We will need proof of the Corps approval by January 31, 1991 in order
to properly advertise the hearing. Once received we will process your
request.
In your letter you also identified other docks in the City over 50'
that did not have pump stations. These docks were built prior to the
Code requirement and have a grandfather status.
If you have any additional questions please contact my office.
Sincerely,
~Q t. !J(-~~~ ,/ . rC-_
DAVID T. HARDEN !.u/',:
City Manager
DTH:rab:kwg
.
~
l:~ DEPARTMENT OF THE ARMY
MIAMI FIELD OFFICE, 8410 NW 53RD TERRACE MONTEREY BLDG., SUITE 225
MIAMI, FLORIDA 33188-4585
March 1, 1991
REPLY TO ,
~. ATTENTION OF
Miami Regulatory
Field Office
199030601
,. ,
Harbourside Condominium
c/o John A. Grant, Jr.
3333 North Federal Highway
- Boca Raton, FI 33431
Dear Gentlemen:
Reference is made to your request for a Department of the
Army permit to construct 2 single family piers in the IWW, at u.s
Hwy 1, Delray Beach, Palm Beach County, Florida.
The project as proposed is authorized by General Permit
CESAJ-20, a copy of which is enclosed for your information and
use. You are authorized to proceed with the project in
accordance with the enclosed drawings subject to all conditions
of the permit.
This letter of authorization does not obviate the necessity
to obtain any other Federal, state, or local permits which may be
required.
It appears that a permit from the Florida Department of
Environmental Regulation may be required. A list of addresses of
the appropriate state offices is enclosed for your information
and use.
Thank you for your cooperation with our permit program.
Sincerely,
Enclosure ~:&~.1!!;e~
Chief, Regulatory Section
Miami
-
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Plan '. TYPJCQ/ Sections SCoJ/e: /""?O'HrV
Sc~Je.: / ":50 I Dock Section I PROPOSED . DOCKS
N. T,S. At/ont/c /ntrocoos fell WaTerway
brJst!' 01 Or)
Palr?1 8each County) 1=1 0 rid"
HA-RBOf.//?SIDc CQNl/:J/I1IN IU/Vf
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John A. Grant. Jr _ . ~'20-'O
Reoistert;d Enoineer NO, 5648
State of Florida.
;=: B. IOcS; P lIP 100 - J8!3 D
Permit No. DF-177-90
Page 2
2. Turbidity screens (or other means of turbidity control) shall be utilized
as necessary during construction such that turbidity levels in the project
area do not exceed 29 N.T.U.'s above natural background.
3. This permit shall be kept at the work site of the permitted activity during
the entire period of construction or operation.
4. All pilings shall be batter driven instead of jetted, to minimize impacts
to adjacent submerged bottom.
5. The permittee shall ensure that all construction activities in open water
will cease upon sighting of manatees within 200 yards of the project area.
Construction activities ~il1 not resume until the manatees have departed
the project area.
6. The permittee shall ensure that barge operations occur in water depths so
as not to displace sediments or associated seagrasses.
7. No live-aboards shall be allowed at this facility.
Recommended by:
~~
il~ ~
Issued this r. 5 day of ~'-(, 1990
Palm Beach County Department of
Environmental Resources Management
&Ug{
Richard E. Wa1esky, Director
REW:REH:fb
Enclosures
cc: (with enclosures)
DER-WPB
City of Delray Beach, Bldg. Dept.
'"
130ard of County Commissioners County Administrator
Carol]. Elmquist, Chairman Jan Winters
Karen T. Marcus, Vice Chair
Carol A. Roherts Department of
Ron Howard Environmental Resources
Carole Phillips Management
,. .
PERMIT TO ALTER WETLANDS
PERMITTEE: PERMIT NO. DF-177-90
Harbourside Condominium EXPIRATION DATE: 9/25/93
c/o Mr. John S. Grant, Jr. SECTION/TOWNSHIP/RANGE: 21/46/43
3333 North Federal Highway
Boca Raton, FL 33431
This permit is issued under the authority of the Palm Beach County Wetlands
Protection Ordinance. If no obj ection to this permi t is recei ved wi thin
fourteen (14) days, permittee will be deemed to have accepted the permit and all
enclosed terms and conditions. The above named permittee is hereby authorized
to perform the work shown on the application and approved drawing(s}, plans, and
other documents enclosed herewith or on tile with the Department and made a part
hereof and specifically described as follows:
PROJECT DESCRIPTION:
To construct dock additions to two docks, one addition measuring 180' long
by 5' wide and the other 20' long by 5' wide. Ten (10) boat slips are proposed.
IN ACCORDANCE WITH:
Conditions 1-7 and one (1) enclosed sheet.
LOCATED IN:
The Intracoastal Waterway, Class III Waters, at 1 Harbourside Drive, Delray
Beach.
CONDITIONS:
1. It is the responsibility of the permittee to obtain all other necessary
federal, state or local authorizations for the work described herein,
inclUding municipal or County building permits.
3111 SOUTH DIXIE HWY., SUITE 146
WEST PALM BEACH, FLORIDA 13405
(407) 3'55-4011
SUNCOM 27'-4011
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. N. T,S. Atlont/c Inrrocoos toll Waterway
Fie VoJtlon:s :shown h~,.~on oJ"~ b.,s<-o/ 0" .
NOVD Mt>eJn S~., - If'v~/ o'oJl"I77, Paln-'l Beach Counfy) I=lorida
A ~ d . . to" d .J rDI"'
,vO r~cY91;'9 "an IClpO:7'f' . :1" ~e9~~st('". HA/?,BOf../E'SIDc CaNP::JM/NIU^1
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:nd ,,;:: e.",/st/ng privoJf~y.)chf b~:!J/n) ti~d . ~v. 7- ,-~o
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Pro/ecf /s,'compo>tlb/; w/~h 10Ctll Zon/nj' State of Florida.
TotDl/ prOjfcf cOO xS vvoocY docK.,
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-PERMITTEE: 1.0. NUHBER: 5050P03064
Harbourside Condominium PERMIT CERTIFICATO~t)- N<<M(Efg a01801ll86
DATE OF ISSUE: 9
EXPIRATION DATE: OCT 0 4 19.95
SPECIFIC CONDITIONS:
9. A minimum of two 3' x 4' temporary construction manatee signs ("Hanatee
Habitat-Idle Speed in construction areas") shall be installed and maintained
prior to construction at prominent locations within the construction
area/facility. One construction sign will be located prominently adjacent to
the construction permit(s). The other sign will be installed in a location
prominently visible to water related construction crews. Photos of signs in
place must be sent to the Florida Department of Natural Resources (FDNR), ' ,
Marine Mammals Section, 100 Eighth Avenue, S.E., st. Petersburg, Florida
33701-5095, prior to the initiation of construction. Temporary construction
signs will be removed by the permittee upon completion of construction. A
construction sign criteria sheet is attached.
10. All construction activities in open water shall cease upon the sighting of
a manatee(s) within 100 yards of the project area. Construction activities
will not resume until the manatee(s) has departed the project area.
11. Any collision with and/or injury to a manatee shall be reported
immediately to the "Hanatee Hotline" (I-BOO-DIAL FHP) and to the U.S. Fish and
Wildlife Service, Jacksonville Field Office (904-791-2580).
12. The contractor shall maintain a log detailing sightings, collisions, or
injuries to manatees should they occur during the contract period.
13. Following project completion, a report summarizing the above incidents and
sightings shall be submitted to the FDNR (address #9 above) and to the U.S.
Fish and Wildlife Service, 3100 University Blvd. South, suite 120,
Jacksonville, Florida 32216.
14. This permit does not relieve the permittee from the need to obtain any
other permit (local, state or federal) which may be required.
15. The permittee shall be aware of and operate under the attached "General
Permit Conditions fll thru filS". General Permit Conditions are binding upon
permittee and enforceable pursuant to Chapter 403 of the Florida Statutes.
t:.. {)c'/;",,6,,,-,
EXECUTED ON THIS 0(..- day of 1990
in West Palm Beach, Florida.
STATE OF FLORIDA
DEPARTKENT OF ENVIRONKENTAL REGULATION
Page 6 of 6
'PERMITTEE: I,D. NUMBER: 5050P03064
Harbourside Condominium PERMIT CERTIFICAltB~ NUMBER: 501801486
DATE OF ISSUE: 0 4 1990
SPECIFIC CONDITIONS: EXPIRATION DATE: ~ lJICT 0 I} 1995'
1. The permittee is hereby advised that Florida law states: "No person shall
commence any excavation, construction, or other activity involving the use of
sovereign or other lands of the state, title to which is vested in the Board
of Trustees of the Internal Improvement Trust Fund or the Department of
Natural Resources under Chapter 253, until such person has received from the
Board of Trustees of the Internal Improvement Trust Fund the required lease,
license, easement, or other form of consent authorizing the proposed use." , .
Pursuant to Florida Administrative Code Rule 16Q-14, if such work is done
without consent, or if a person otherwise damages state land or products of
state land, the Board of Trustees may levy administrative fines of up to
$10,000 per offense.
2. Written notification shall be provided to the Department of Environmental
Regulation, Southeast Florida District Office in West Palm Beach and Palm
Beach County Department of Environmental Resources Management, a minimum of
forty-eight (48) hours prior to commencement of construction and a maximum of
forty-eight (48) hours after ,completion of construction.
3. The engineer of record shall submit record drawings to this office within
sixty days after completion of construction.
4. An effective means of turbidity control, such as, but not limited to,
turbidity curtains shall be employed during all operations that may create
turbidity so that it shall not exceed 29 Nephelometric Turbidity Units above
natural background value. Turbidity control devices shall remain in place
until all turbidity has subsided.
5. The contractor shall instruct all personnel associated with the project of
the potential presence of manatees and the need to avoid collisions with
manatees.
6. All construction personnel shall be advised that there are civil and
criminal penalties for harming, harassing, or killing manatees which are
protected under the Marine Mammal Protection Act of 1972, the Endangered
Species Act of 1973, and the Florida Manatee Sanctuary Act of 1978. The
permittee and/or contractor will be held responsible for any manatee harmed,
harassed, or killed as a result of construction activities.
7. Siltation barriers shall be made of material in which manatees cannot
become entangled. The barriers shall be properly secured and regularly
monitored to avoid manatee entrapment. Barriers must not block manatee entry
to or exit from essential habitat.
8. All vessels associated with the project shall operate at "no wake/idle"
speeds at all times while in water where the draft of the vessel provides less
that a four foot clearance from the bottom and vessels shall follow routes of
deep water whenever possible.
Page 5 of 6
GENERAL CONDITIONS:
16. In the case of an underground injection control permit, the following permit
conditions also shall apply:
(a) All reports or information re1uired by the Department shall be certified as
being true, accurate and comp ete.
(b) Reports of compliance or noncompliance withh or any profress reports ont
requirements contained in any compliance sc edule of th s permit shall e
submitted no later than 14 days following each schedule date.
(c) Notification of any noncompliance which may endanfer health or the environment ' .
shall be reported verbally to the Department with n 24 hours and again within
72 hours, and a final written report provided within two weeks.
1. The verbal reports shall contain any monitoring or other information which
indicate that any contaminant may endanfer an underground source of drinking
water and any noncompliance with a perm t condition or malfunction of the
injection system which may cause fluid migration into or between underground
sources of drinking water.
2. The written submission shall contain a description of and a discussion of the
cause of the noncompliance and, if it has not been correctedl the anticipated
time the noncompliance is expected to continue the steps be ng taken to
reduce, eliminate, and prevent recurrence of the noncompliance and all
information required by Rule 17-28.230(4)(b), F.A.C.
(d) The Department shall be notified at least 180 days before conversion or
abandonment of an injection well, unless abandonment within a lesser period of
time is necessary to protect waters of the state.
17. The following conditions also shall apply to a hazardous waste facility permit.
(a) The following reports shall be submitted to the Department:
1. Manifest discrepancy report. If a significant discrepancy in a manifest is
discoveredl the ~ermittee shall attempt to rectify the discrefancy. If not
resolved w thin 5 daIS after the waste is received, the germ ttee shall
immediately submit a etter report, including a copy of t e manifest, to the
Department.
2. Unmanifested waste report. The ~ermittee shall submit an unmanifested waste
report to the Department within 5 days of receipt of unmanifested waste.
3. Annual report. An annual report coverin~ facility activities during the
previous calendar year shall be submitte pursuant to Chapter 17-30, F.A.C.
(b) Notification of any noncompliance which may endanger health or the environment,
including the release of any hazardous waste that mal endanger public drinking
water supplies or the occurrence of a fire or explos on from the facilitr which
could threaten the environment or human health outside the facility, sha 1 be
reported verba1lI to the Department within 24 hours, and a written report shall
be provided with n 5 days. The verbal re~ort shall include the name, address,
I.D. number, and telephone number of the acility, its owner or operator, the
name and quantity of materials involved the extent of any injuries an
assessment of actual or potential hazarAs, and the estimated quantity and
disposition of recovered material. The written submission shall contain:
1. A description and cause of the noncompliance.
2. If not corrected, the expected time of correction, and the steps being taken to
reduce, eliminate, and prevent recurrence of the noncompliance.
(c) Reports of compliance or noncompliance with! or any progress reports on,
requirements in anh compliance schedule sha 1 be submitted no later than 14
days after each sc edule date.
(d) All reports or information required by the Department by a hazardous waste
permittee shall be signed by a person authorized to sign a permit application.
Page 4 of ~
DER Form 17-1.201(53
Effective November 0, 1982
GENERAL CONDITIONS:
9. In accepting this permit, the permittee understands and agrees that all records,
notes, monitoring data and other information relating to the construction or operation of
this ~ermitted source which are submitted to the Department may be used by the Department
as ev dence in any enforcement case involving the permitted source arising under the
Florida Statutes or De~artment rules, except where such use is grescribed by Section
403.111 and 403.73, F. . Such evidence shall only be used to t e extent it is consistent
with the Florida Rules of Civil Procedure and appropriate evidentiary rules.
10. The ~ermittee agrees to comply with changes in Department rules and Florida
Statutes a ter a reasonable time for compliance; provided, however, the permittee does
not waive any other rights granted by Florida Statutes or Department rules.
11. This ~ermit is transferable only upon Department a~proval in accordance with Rule
17-4.120 an 17-30.300, F.A.C., as ap~licab1e. The perm ttee shall be liable for any
non-compliance of the permitted activ ty until the transfer is approved by the Department.
12. This permit or a copy thereof shall be kept at the work site of the permitted
activity.
13. This permit also constitutes:
( ) Determination of Best Av~ilable Control Technology (BACT)
( ) Determination of Prevention of Significant Deterioration (PSD)
( ) Certification of comEliance with state Water Quality Standards
(Section 401, PL 92- 00)
( ) Compliance with New Source Performance Standards
14. The permittee shall comply with the following:
(a) Upon request, the permittee shall furnish all records and plans re~uired under
Department rules. During enforcement actions, the retention ~erio for all
records will be extended automatically unless otherwise stipu ated by the
Department.
(b) The fermittee shall hold at the facility or other location desifnated by this
perm t records of all monitoring information (includina all ca1 bration and
maintenance records and all original striK chart recor ings for continuous
monitorin~ instrumentation) required by t e ~ermit, copies of all reports
required y this Kermit, and records of all ata used to complete the
application for t is ~ermit. These materials shall be retained at least three
years from the date 0 the sample, measurement, report, or application unless
otherwise specified by Department rule.
(c) Records of monitoring information shall include:
1. the date, exact place, and time of sampling or measurements;
2. the person responsible for performing the sampling or measurements;
3. the dates analyses were performed;
4. the person responsible for performing the analyses;
S. the analItical techniques or methods used;
6. the resu ts of such analyses.
15. When requested by the Department, the Kermittee shall within a reasonable time
furnish any information required by law whic is needed to determine comfliance with the
~ermit. If the permittee oecomes aware the relevant facts were not subm tted or were
ncorrect in the permit application or in any report to the Department, such facts or
information shall be corrected promptly.
Page 3 of AS
DER Form 17-1.201(5)
Effective November 30, 1982
'"
GENERAL CONDITIONS:
1. The terms, conditions, requirementsl limitations and restrictions set forth in this
~ermiti are "~ermit conditions" and are b nding and enforceable pursuant to Sections
03.14 , 403. 27, or 403.859 throuth 403.861, F.S. The permittee is ~laced on notice
that the Department will review th s permit periodically and may init ate enforcement
action for any violation of these conditions. _
2. This permit is valid onlI for the s~ecific x;ocesses and o~erations ap~lied for and
indicated in the approved draw ngs or exh bits. y unauthorize deviation rom the
approved drawings, exhibits, specifications, or conditions of this permit may constitute
grounds for revocation and enforcement action by the Department.
, ,
3. As provided in subsections 403.087(6) and 403.722(5), F.S., the issuance of this
permit does not convey any vested rifhts or any exclusive ~rivileges. Neither does it
authorize anI injury to public or pr vate-propertI or any nvasion of personal rights,
nor anyinfr ngement of federal, state, or local aws or regulations. This ~ermit is not
a waiver of or approval of any other Department permit that may be required or other
aspects of the total project which are not addressed in this permit.
4. This permit conveys no title to land or water, does not constitute State _
recognition or acknowledgement of title, and does not constitute authority for the use of
submerged lands unless herein provided and the necessary title or leasehold interests
have been obtained from the State. Only the Trustees of the Internal Improvement Trust
Fund -may express State opinion as to title.
5. This germit does not relieve the permittee from liability for harm or injury to
.human healt or welfare, animal, or plant life, or property caused by the construction or
operation of this permitted source, or from penalties therefore; nor does it allow the
permittee to cause pollution in contravention of Florida Statutes and Department rules,
unless specifically authorized by an ord~r from the Department.
6. The permittee shall proyerly operate and maintain the facility and systems of
treatment and control (and re ated appurtenances) that are installed and used by the
Eermittee to achieve compliance with the conditions of this Eermit, are re~uired by
epartment rules. This provision includes the operation of ackup or auxi iary
facilities or similar systems when necessary to achieve compliance with the conditions of
the permit and when required by Department rules.
7. The permittee! by accepting this permit, specifically agrees to allow authorized
Department personne , upon presentation of credentials or other documents as may be
required by law and at reasonable times, access to the premises where the permitted
activity is located or conducted to:
(a) Have access to and copy any records that must be kept under conditions of the
permit;
(b) Inspect the facility, equipment, practices, or operations regulated or required
under this permit; and
(c) Sample or monitor any substances or parameters at any location reasonably
necessary to assure compliance with this permit or Department rules.
Reasonable time may depend on the nature of the concern being investigated.
8. If, for any reason, the permittee does not comply with or will be unable to comply
with any condition or limitation specified in this permit, the permittee shall
immediately provide the Department with the -following information:
(a) A description of and cause of noncompliance; and
(b) The period of noncompliance, including dates and times; or! if not correctedl
the anticipated time the noncompliance is expected to cont nue, and steps be ng
taken to reduce, eliminatel and prevent recurrence of the noncompliance. The
Eermittee shall be respons ble for anh and all damateS which may result and may
e subject to enforcement action by t e Department or penalties or for
revocation of this permit.
Page 2 of ~
DER Form 17-1.201(5)
Effective November 30, 1982
'"
Florida Department of Environmental Regulation
Southeast District. 1900 S. Congress Ave., Suite A.~st Palm Beach, Florida 33406.407-964.%68
Bob Martinez, Governor Dale 1\vachtmann, Secretary John Shearer. Assistant Secretary
Scali Benyon, Deputy Assistant Secretary
PERMITTEE: I.D. NUMBER: 5050P0306~
Harbourside Condominium PERMIT CERTIFICATIC' NUKB~~90501BOl~B6
c/o John A. Grant, Jr. DATE OF ISSUE: O. 0 4
3333 North Federal Highway EXPIRATION DATE:. .0 CT D ~ fSSfi
Boca Raton, Fl 33431 COUNTY: Palm Beach
LATITUDE/LONGITUDE 26026'37"N/Boo03'57"W
SECTION/TOWNSHIP/RANGE 21/46S/43E
PROJECT: Private dock
This permit is issued under the provisions of Chapter 403, Florida Statutes,
Public Law 92-500 and Title 17, Florida Administrative Code Rules. The above
named permittee is hereby authorized to perfonm the work or operate the
facility shown on the application and approved drawing(s), plans, and other
documents attached hereto or on file with Department and made a part hereof
and specifically described as follows:
TO CONSTRUCT: A 125' long by 5' wide marginal pier with a 55' long by 5' wide
"L" section connecting to an existing dock, and extend an existing dock 20' in
length by 5' in width for a private multi-dwelling.
IN ACCORDANCE WITH The DER Application Fonm 17-1.203(1) received on May 8,
1990, additional infonmation received on July 16, and August 30, 1990 and the
one (1) attached stamped drawing.
LOCATED AT: Atlantic Intracoastal Waterway, Class III Waters, U.S. Highway
No.1, Delray Beach, Palm Beach County.
SUBJECT TO: General Conditions 1-15 and Specific Conditions 1-15.
Page 1 of 6
17. A structure authorized under this general permit must not interfere
with general navigation.
18. A structure which by its size or location may adversely affect
water quality. fish and wildlife habitat. or photosynthetic processes will
n0t be authorized under this general permit.
19. No work shall be performed until after notification of the owner or
operator of anycmarked utilities in the area of the structure.
20. This general permit will be valid until suspended or revoked by , .
issuance of a public notice by the District Engineer. Reviews will be
conducted to de~ermine if continuance of the permit is not contrary to the
public interest.
21. Conformance with the description contained herein does not
necessarily guarantee authorization under this general ~rmit.
22. The District Engineer reserves the right to require that any
request for authorization under this general permit be processed as an indi-
vidual permit.
23. The General Conditions attached hereto are made a part of this
permit (Atch 1).
BY AUTHORITY OF THE SECRETARY OF THE ARMY: ~
~.rndon
Colonel. U.S. Army
District Engineer
.
3
7. The permittee a9rees the contractor shan keep a log detailing
sitings. collisions. or injury to manatees which have occurred during the
contrac t per i od.
8. The permittee agrees that following project completion. a report
summarizing the above incidents wl1l be submitted to the Chief, Regulatory
-Division. Jacksonville District. Corps of Engineers. (P.O. Box 4970.
Jacksonville. Florida 32232) and the U.S. Fish and Wildlife Service
(3100 University Boulevard South. Suite 120. Jacksonville. Florida
32216-2732).
9. _ The permittee agrees all vessels associated with the project will
operate at Mno-wake" speeds at all times while in water where the draft of
the vessel provides less than 3 feet clearance from the bottom and that
vessels would follow routes of deep water to the maximum extent practicable.
10. The permittee agrees to establish and maintain a permanent
educational display at a prominent location of all commercial facilities to
increase the awareness of boat operators using the facility. of the presence
of manatees. and need to minimize the threat of boats to these animals. The
display should include information on the location of the facility with
respect to boat speed zones in the area. the threat which boats pose to
manatees. the manatee "hotline" number (1-800-342-1821). and other infor-
mation which may aid in the conservation of the species. The permittee
agrees to install and maintain a minimum of one (1) manatee awareness sign
on the docks within the facility.
11. Where multiple slip facilities are authorized. the dock must be
clumped to minimize shoreline disruption.
12. In the Intracoastal and Okeechobee Waterways. no structure.
including mooring piles, authorized und~r this general pe rmit. wil 1 be
within 100 feet of the near-bottom edge of the channel unless it is a 5-foot
marginal pier.
13. No living. fueling. or storage facilities over navigable wat~rs of
the United States are authorized under this Qeneral per",i t.
14. The structure shall not ~~versely affect or disturb pro~erties
listed as eligible for inclusion in the National Register of Historic
Places.
15. No structures shall be authorized by this general permit on the
following environmentally sensitive areas identified in the Wild and Scenic
Rivers Act (16 U.S.C. 1371. et seQ.): The Northwest Fork of the Loxahatchee
River~ and that portion of the Myak~a River within the Myakka River State
Park. These activities shall require an individual permi t.
16. Authorization is contir,;ent upon the issuance of permits from the
Flo"ida DC:I)ar~nt of En"ircnr.lef.tal Re<;'J1ation and the Depart~nt of Natu"al
ReS0J"ces as arpropriate.
2
DEPARTMENT Of THE ARMY PERMIT IIOv
1 1988
GENERAL 'ERMIT SAJ-20
'RIVATE SINGLE-FAMILY PIERS - STATE OF FLORIDA
Upon recommendation of the Chief of Engineers, pursuant to Section 10 of the
Rivers and Harbors Act of 3 March 1899 (33 U.S.C. 403), general authority is
hereby given to construct private single-family piers in navigable waters of_
the United States within the State of Florida sUbject to the following
conditions:
SPECIAL CONDITIONS:
1. Structures authoriled under this general permit are private single-
family piers inclUding normal appurtenances such as boat hoists, boat
shelters with open sides. stairways. walkways. mooring piling. dolphins. and
maintenance of same.
2. No work shall be performed until the applicant submits satisfactory
plans for the proposed structure and receives written authorization from the
District Engineer.
3. No structures shall be authorized by the general permit in:
a. Florida DHR or U.S. Fish and Wildlife Service established boat
regulatory zones, sanctuaries or reserves.
b. Crystal. Salt, and Homosassa Rivers. Citrus County, where the
structure extends waterward greater than minus (-) three (3) feet mean low
water (mlw).
c. Fak.a Union Canal 1n Collier County.
4. The permittee agrees the contractor will instruct all personnel
associated with the construction of the facility, of the presence of mana-
tees and -the need to avoid collisions with manatees.
5. T~e permittee agrees all rersonn~l will be advised that there are
civil and criminal ~nalties for har~ing, harassing, or killing manatees,
which are protected under the Endangered Species ~ct of 1973. the Marine
Mammal Protection ~ct of 1972. and the Florida Manatee Sanctuary ~ct. The
permittee and/or contractor will be held responsible for any manatees
harmed, harassed, or killed as a result of construction of the project.
6. The permittee agrees that any collision with a manatee shall be
reported immediately on the manatee "hotline" (1-800-342-1821) and to the
U.S. Fish and Wildlife Service, "Jacksonville Endangered Species Field
Station (904-791-2580).
""
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'"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tf11
SUBJECT: AGENDA ITEM # <:J G - MEETING OF MARCH 26, 1991
REQUEST FOR WAIVER OF BUILDING PERMIT FEES
DATE: March 20, 1991
We have received a request from Mr. Louis Jensen for waiver of
building permit fees for the restoration of the Sundy House located at
106 S. Swinton Avenue. Staff has reviewed this request and recommends
denial as restoration of this property is a private venture. Fee
waivers have normally been approved for governmental entities or
charitable organizations.
Recommend consideration of a request from Mr. Louis Jensen for waiver
of building permit fees for the restoration of the Sundy House.
Oof:P ~~(\DPt
~e(\\~f0
-
I
, Agenda Item No.:
AGENDA REQUEST
Date: 3/22/91
Request to be placed on:~
x Regular Agenda Special Agenda Workshop Agenda
When: 3/26/91
Description of agenda item (who, what, where, how much):
Mr. -Louis Jensen is requesting waiver to the building permit fees for
restoration of the Sundy House located at 106 S ~wlnton Avenue
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Denial
Department Head Signature: ~
Determination of CODaia e cy
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 agen~/~. €it ~ {Jl--1
Hold Unt~ 1: '." ,.)t:J... ',)-:-
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,'"
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
('
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT"\.tD
'J V)
SUBJECT: PERMIT FEE WAIVER REQUEST FOR SUNDY HOUSE
DATE: MARCH 22, 1991
ITEM BEFORE THE COMMISSION:
- -
Mr. Louis G. Jensen, who is restoring the "Sundy House", has
requested that the Commission consider waiving the permit fees
required for the restoration of this historic building.
BACKGROUND:
The Sundy House, located at 106 S. Swinton Avenue, has been
designated as a historic building. A reroof permit was issued
and the work was completed during February 1991. This permit was
paid for. The Community Improvement Department has not received
any other permit applications for this site. According to the
Land Development Requlations, Sec. 2.4.3 (K)(2)(7) (b), the City
Commission has the authority to waive application and permit
fee s .
RECOMMENDATION:
Staff recommends denial of this waiver request since it is not a
governmental entity or charitable organization, but a private
venture. Private development projects are not usually granted
permit fee waivers.
JS:DQ
d/9
Sundy.CC
.
.
106 S. Swinton Avenue
Delray Beach, FL
March 20, 1991
City of Delray Beach Commission
100 NW 1st Avenue
Delray Beach, FL 33444
Gentlemen:
I am in the process of restoring the historic "Sundy House"
at 106 South Swinton Avenue in Delray Beach. This is a
major project on an important site, with a great deal of
expense involved. I understand the City Commission can
direct that the building permit fees be waived in certain
special circumstances.
Please consider this my request that the City Commission
authorize the waiving of permit fees relating to the
restoration of the "Sundy House".
Sincerely,
~~~
Louis rf.t ensen
LGJ/jlj
MAR 2 2 91
(sr If; S'';)
,. I.H
'"
CITY OF DELRAY BEACH, FLORIDA- CITY COMMISSION
REGULAR MEETING - MARCH 26, 1991 - 6:00 p.m.
COMMISSION CHAMBERS
ADDENDUM NO. 1
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these proceed-
ings, and for this purpose such persons may need to ensure that a
verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. The City
does not provide or prepeare such record.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
f
9.H. TRI-PARTITE AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY, COMMUNITY REDEVELOPMENT AGENCY AND FIRST UNION BANK
Approve an agreement and memoradum of understanding between the
City, the Community Redevelopment Agency and First Union Bank
which creates the CRA's Interest Free Loan Program. City
Manager recommends approval.
'"
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER zpvl
SUBJECT: AGENDA ITEM # 9At - MEETING OF MARCH 26, 1991
TRI-PARTITE AGREEMENT AND MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY, COMMUNITY REDEVELOPMENT AGENCY AND
FIRST UNION BANK
DATE: MARCH 25, 1991
This item was initially discussed by the City Commission on March
13, 1991, at which time several questions were raised with
respect to certain aspects of the agreement. In the accompanying
backup is a letter from Robert Federspiel in response to these
concerns. Also provided is the original backup information.
Recommend approval of the Tri-Partite Agreement and memorandum of
understanding between the City, the Community Redevelopment
Agency and First Union Bank.
'"
'"
.-
SPINNER, DITTMAN, FEDERSPIEL & DOWLING r;;cei~anL
ATTORNEYS AT LAW
A PARTNE:RSHIP INCLUDING PROFE:SSIONAL ASSOCIATIONS
501 EAST ATLANTIC AVENUE
DELRAY BEACH, FLORIDA 33483
(407) 276-2900
ROBE:RT A. DITTMAN
DONALD C. DOWLING
ROBE:RT W. FEDERSPIEL, P.A. WEST PALM BEACH LIN E
JOHN W. SPINNER March 19, 1991 (407) 736-0400
Mayor Thomas Lynch and
City Commissioners
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Community Redevelopment Agency
Subsidized Loan Program
Dear Mayor and Commissioners:
The CRA has asked me to respond to questions which were raised by you at your recent Commission
Meeting with respect to the prospective tri-partite Agreement between First Union Bank, CRA, and
the City.
The terms of the loan program were negotiated by Frank Spence and Jack Duane and have been
considered by the CRA to be favorable. First Union Bank originally offered a rate of t point above
prime, however, through negotiations the Bank lowered the interest rate down to prime in
consideration for the prepaid interest.
Based upon the calculations which have been run, it appears that assuming a 9% prime rate, a
prepayment of $100,000.00 of interest will fund approximately $407,000.00 of principal pursuant to
the loan program. The computations are rather complex due not only to the present value of the
prepayment having to be considered but, also due to the fact that there is a difference between the
actual schedule for principal repayments and the amortization method utilized by the bank for the
calculation of the interest charges to the CRA. It appears that the effective interest rate based upon
prime at 9% is actually 10.083%. Accordingly, the CRA conceded approximate t point and First
Union Bank conceded approximately t point. Additionally, it has been represented to the eRA that
the loan processing fees and administrative costs incurred by the bank approximately $250.00 to
$300:00 per loan. These charges are not being passed on as closing costs to the borrower as they
would be in a normal case.
If any of you have further questions or would like to discuss the maUer further please do not hesitate
to call.
Sincerely,
IEL, P .A.
RWF:kp
cc: CRA Commissioners
Mr. Frank Spence
Mr. Dave Hardin
Jeffrey Kurtz, Esq.
.
'"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERi1JV1
"
SUBJECT: AGENDA ITEM # qN - 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 $15,0001 -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.
,"
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 timesheets 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
dig Agree.CRA
'"
[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE 31051 ht 5 TREFT. SLIn ~ . Dr L R\) 1l1\CH. fLORID -\ 33~~3
41)7 ~~3_7()9() . nUCOPIFR ~t)7~7~..P)5
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, the City will be entering into seoarate aqreements with
the CRA concerning qualiflcat.ions for the project ana mure
..futails as to the City'S respons~bility tor diSbursements. 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.
.
JSK: jw ~
cc: Robert Federspiel, Esq.
FEB 2 0 91 dl~
'.
_ ,./;; li~
CD Community . " ~ ~ ,
r t,- ~
- 'f~ - 'co., ::.. -. :-'- ~"'-.,.
Redevelopment . .- ~
/
-a Agency
Delray Beach
~~_M~MQ - Aqend!l Request
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 a1readv
approved this Aqreement. 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 proaram.
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 eliaible
to participate in this proqram.
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
'"
,,\l
AGREEMENT
THIS AGREEMENT IS MADE AND ENTERED into tbis _ day of March, 1991, by and
between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRA Y BEACH.
hereinafter referred to as the "eRA," and FIRST UNION NATIONAL BANK OF fLORIDA.
hereinafter referred to as tbe "BANK: and tbe CITY OF DELRA Y BEACH, bereinafter referred to
as tbe "CITY."
WIT N E SSE T H:
WHEREAS, the CRA, has adopted as a part of its Redevelopment Plan a program for
subsidi7.ing tbe interest on certain loans to be made by participating banks for tbe improvement of
the exterior portions of owner occupied single family residences and non-residential commercial
properties within tbe CRA's redevelopment area (hereinafter referred to as tbe "Program"); and
WHEREAS, the BANK is desirous and willing to participate in tbe Program upon tbe 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 tbe Program, upon loans being made to borrowers, the CITY bas
agreed to act as disbursing agent for the loan proceeds to the Borrower pursuant to tbe terms of tbe
loan agreements between the BANK and the borrower.
NOW, THEREfORE, in consideration of the mutual covenants and promises berein contained
the parties bereby agree as follows:
1. The CRA has committed a maximum of one hundred thousand dollars ($tOO,OOO.OO)
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 tbe CRA of a written firm loan commitment to individually
approved borrowers. For purposes of determining tbe order of receipt, all loan commitments will be
deemed received upon the physical receipt by tbe 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 tbem, in tbe order of receipt, solely on the basis of tbe
proposed work being a qualifying improvement to tbe exterior or landscaping, 85 defined in Exhibit
"A," altached 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 tbe
loan application approved by tbe CRA tbe respective bank shall perform its underwriting evaluation
for approval or disapproval. In tbe event the BANK is provided witb a eRA approved application
1
,,"
and the BANK approves such loan and issues a firm commitment therefore, the BANK shall
forthwith deliver to CRA, in care of its Executive Director, such loan commitment.
3. Upon receipt of an approved loan commitment from the BANK, suhject to the
availahility of funds for the Program, the CRA shall deposit with the BAN K 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 tbe BANK shall be entitled to draw all of such prepaid
interest out of the escrow account. [n the event the subject loan is prepaid in full by the borrower,
the BA N K 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 BAN K
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 BA N K and the borrower.
The BAN K herehy acknowledges and agrees that the CITY shall have no liability or responsihility
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 hereby agree that loan which will qualify for the Program
will be made upon the following terms and conditions:
A. Ow.er occupied sl.lle fa..lly resldenUalllome Impronmellts:
(i) (a) Lo.. a.oa.t oa u.secured lo.as: one thousand five
hundred dollars ($1,500.00) minimum to seven
thousand five hundred dollars ($7,500.00) maximum;
(b) Lo.. .....t .. I.... secured by first ..rt.alu,
sec..d .ortl.le. or otller acceptable collateral: fi ve
thousand dollars ($5.000.00) minimum to fi ftee n
thousand dollars ($15,000.00) maximum;
1
dO
,"
(ii) Purpose: qualifying alterations, repairs and lor improvements
to principal single family dwelling of tbe owner wbere tbe work substantially protects or improves
tbe exterior of the property as described in Exhibit "A;'
(iii) Loan to value raUo: tbe maximum loan to value ratio after tbe
improvements and including all mortgages sball not exceed eigbty five percent (85%) of tbe appraised
value or one hundred twenty- five percent (125%) of tbe tax assessed value;
(iv) Term: mal[imum term for both secured and unsecured sball be
sil[ty montbs (60) of equal principal payments;
(v) Interest rates: botb secured and unsecured loans sball be fil[ed
at the Prime Rate as establisbed by Wall Street Prime as of tbe 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 eRA will not be
responsible for the interest on the financing of sucb
costs).
B. Non- ResldenUal COlDlDerclal property Improvements:
(i) Loa. alDount: five tbouland dollars ($5.000.00) minimum to
fifteen thousand dollars ($15,000.00) maximum;
(ii) Purpose: qualifying improvements of the exterior of non-
residential commercial properties as described in Exbibit . A;'
(Hi) Loa. to yalue nUo: the maximum loan to value ratio after the
improvements and including all mortgages sball not exceed eighty five percent (85%) of the appraised
value or one hundred twenty- five percent (125%) of tbe tax assessed value;
(iv) Term: sixty montbs (60) equal principal payments;
(v) I.terest rate.: both secured and unsecured loan shall be fj xed
at tbe Prime Rate as established by Wall Street Prime as of the date of closing;
(vi) Clo.lnt costs: norlDal closing costs including but not limited
to recording fees, title insurance, owners and enculDbrance search, documentary stamp tn, and
intangible tn, etc., (these fees may be financed as part of the loan by the BANK but the eRA will
not be responsible for the interest on the financing of such costs);
1
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(vii) Collateral: The loans to be collateralized as the BAN K deems
necessary. Personal guarantees will be required in all instances unless waived by the BANK.
6.. Tbe BANK hereby agrees to commit a maximum pool of funds of one million
dollllr5 ($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 tbe agreements and covenants contained herein are
severable and in tbe event any of tbem 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 witb 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 DELRA Y BEACH
By:
Attest:
By:
City Clert
Approved as to form:
By:
City Attorney
!
,.
EXHIBIT 'A"
i. Tire following external improvements to property are authorized under this program.
A. Re-roofing
B. Painting
C. Awnings
D. Shutters
E. Siding
F. Replacement of rotten wood
G. Doors
H. Windows
I. Driveways/Paving
J. Landscaping (sod, trees, bushes, plants and irrigation systems)
K. Exterior modifications, such as rebuilding a porch
2. All materials and work must be in compliance with applicable City of 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/Conununity 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
,"
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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EITY OF OElRRY HEREM
100 N.W. 1st AVENUE DELRA Y BEACH. FLORIDA 33444 407/243.7000
MEMORANDUM
TO: Mayor and City Commission
FROM: David T. Harden, City Managert~
SUBJECT: CIVIL ENGINEERING CONSULTANTS
DATE: March 26, 1991
I am requesting that the Commission add Professional Engineering
Consultants as a fourth Civil Engineering firm to serve the City.
Professional Engineering Consultants has been the primary engineering
consultant to the City of Winter Park since the firm was founded.
Prior to that, Mr. Tom Kelley, one of the principals in professional
engineering consultants, was the project manager for the City of
Winter Park when Boyer Singleton was the City's Engineering Consultant.
The firm is a medium sized firm with a broad practice in civil and
sanitary engineering. I have found them to produce quality work for a
reasonable price. The firm did not score well under the evaluation
criteria used by the Selection Committee because their office in Delray
Beach is new and the staff in this office has not been working together
for a long period of time like the firms which were ranked high.
Nevertheless, because of my personal knowledge of the firm, I request
that they be named as one of the City's consultants for Civil
Engineering Services.
DTH:nr
THE EFFORT ALWAYS MATTERS
,. IH,
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DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: WILLIAM H. GREENWOOD
DIRECTOR OF ENVIRONMENTAL SERVICES
DATE: MARCH 26, 1991
SUBJECT: CONSULTANT SELECTION COMMITTEE - CIVIL ENGINEER
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The Selection Committee members were as follows:
1. Robert Foy - Director of UtilitieslCity Engineer, Tamarac,
Florida.
2. Mark Gabriel, P.E. - Asst. Director of Environmental
Services/City Engineer, Delray Beach, Florida.
3. William Greenwood, Director of Environmental Services,
Delray Beach, Florida.
4. David Harden, City Manager, Delray Beach, Florida.
5. John Guidry, Director of Utilities, Boynton Beach, Florida.
6. Bevin Beaudeat, Director of Utilities, Palm Beach County,
Florida.
The Committee members present on Friday, March 22, 1991 at 2:00
P.M. to evaluate and rank the Consulting Civil Engineers were the
following:
1. Robert Foy, Tamarac, Florida
2. Mark Gabriel, P.E. , Delray Beach, Florida
3 . William Greenwood, Delray Beach, Florida
4. John Guidry, Boynton Beach, Florida. Not present but
telephoned in his list and ranking of the top five ( 5 )
consulting firms.
Absent from the meeting Mr. Harden and Mr. Beaudeat.
1 of 2
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. .. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfJ1
SUBJECT: AGENDA ITEM # CJ~ - MEETING OF MARCH 26, 1991
CIVIL ENGINEERING SERVICES CONTRACT
DATE: March 20, 1991
Backup material for this item will be provided prior to your Tuesday
evening meeting,
'"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tfr-1
SUBJECT: AGENDA ITEM # , T - MEETING OF MARCH 26, 1991
RENEWAL OF CONTRACT FOR ADMINISTRATIVE HEALTH INSURANCE
SERVICES
DATE: March 20, 1991
This item is before you for renewal of the contract with Anthem Life
Insurance Company for the administration of the City's Health
Insurance Program.
This contract was negotiated and represents a 13% increase from
$24.56jper unit to $27.69jper unit. A detailed staff summary is
attached as backup material for this item. We expect to recommend a
rate increase effective October 1, 1991.
Recommend approval of the renewal of the contract with Anthem Life
Insurance Company for the administration of the City's Health
Insurance Program.
".
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Agenda Item No.:
AGEHDA REQUEST
Date: CY5-l<1-Cf I
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: (0 3 - 26- 9/
Description of agenda item (who, what, where, how much):
~ . . N '
IZNZ~QL- GF t+2.PrUl-l I ~SUrtAl'o3C2. A'Ptn; N, 5T"",..;r.O N ~ ~ ~. W I T't1
Pt~~"'~ Cc~t)~'\ QPO ~~~ ~ ~~ f\
1'3 0' ~'" "l,'f.s:..! N ~-r P"ZA. 0 ~ 1,.:. UN' P"ZJn..
t'hC)t-I1"11 ~~Gl;r~v ~ YYl QoC'U 1.1 '\ ,qq, .
ORDIHARCE/ RESOLUTION REQUIRED: YES,@ Draft Attached: YES@
Recommendation: ~AU1:!o~" OF toS1'-S F\1\AlMz..D ~T'~ ~\~-...\.. ot= b(\,Qv~
~ 9-A L,:J"t" e~". ReLD"'" I)..,~ CJB NTlU\-c;r ~-z..~Do-\..- """to\ ~Q ~,....
\ ...,~c;.~\ h"'\' ~.s 1""'; ~2 'TO fZ..1Y')~ L-O ~ =-..J-';:;'~ a fl.. D'2R"2N~~ W
Department Head Signature: c:'&~
Deter.ination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director. Review (required on all iteas involving expenditure
of funds): fJ:,-";('fA,U{1.. S/,JO!91
Funding available: YES/ NO
Funding alternatives:-- (if applicable)
Account No. & Description: S-r..!"-/S'1S- ~''11. ~I.j-/;"I v .3i./-,'1
Account Balance: -"f S~" :-1I,r ;/-u-1.;.l;Cs ;::~
City Manager Review: . ~~~~~_
Approved. for agenda: tfjl NO \ ~ n
Hold Unt~l: ~ . ~ ~-c~cz..
Agenda Coordinator Review: ~. ~ ~ IDlt/91 .
~-!J . "
Received:
Action: Approved/Disapproved
m
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joseph M. Saf
Director of Financ
SUBJECT: Renewal of Group
DATE: March 14, 1991
The renewal of the City's Group Health Plan is due March 1, 1991. The
delay past this due date is caused by the negotiations held with the
carrier.
This Plan is substantially one of self insurance in which the City
reimburses a carrier (checks cleared basis) for its claims. The only
exceptions to this basis are if an individual claim exceeds $90,000
(specific coverage) or if the annual maximum liability of $2,436,890 is
exceeded (aggregate coverage). These costs will then be covered by the
aforementioned excess insurance coverages.
In addition to the payment of claims and the excess insurance, the City
pays an outside carrier to administer all claims (Anthem Life Insurance
Company of Florida) and we pay for a cost control service (Florida Health
Network) which reviews all claims for validity, amount, and certification
that a provider is billing in accordance with negotiated, discounted
values.
The City Group Health Policy is known as an "A.S.O. + Contract" which means
Administrative Services Only plus annual liability (claims) . Our fees for
this overall contract in addition to actual claims are as follows:
l. ADMINISTRATION FEE
Purpose: Claims handling, recording, recordkeeping, and carrier
commissions
Budget: 1990-91 = $10.42 x 12 months x 700 units = $ 87,528
Actual: 1990-91 = $10.42 x 12 months x 684 units = $ 85,527
Quoted: 1991-92 = $12.30 x 12 months x 684 units = $100,958
Percentage Increase Per Unit = 18%
2. STATE PREMIUM TAX
Purpose: Tax upon carriers not domiciled in Florida
..'
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David T. Harden, City Manager
March 14, 1991
Page Two
Budge t : 1990-91 = $2.06 x 12 months x 700 units = $17.304
Actual: 1990-91 = $2.06 x 12 months x 684 units = $16,908
Quoted: 1991-92 = $3.18 x 12 months x 684 units = $26,101
Percentage Increase Per Unit = 54.4%
3. UTILIZATION MANAGEMENT/PREFERRED PROVIDER ORG. (UM/PPO)
Purpose: Cost control service providing review, claims management;
certification, and provider fee negotiations
Budge t : 1990-91 = $2.45 x 12 months x 700 units = $20,580
Actual: 1990-91 = $2.45 x 12 months x 684 units = $20.110
Quoted: 1990-92 = $2.45 x 12 months x 684 units = $20.110
Percentage Increase Per Unit = 0%
4. SPECIFIC STOP LOSS COVERAGE
Purpose: Coverage of individual claims over $90.000
Budget: 1990-91 = $7.96 x 12 months x 700 units = $66,864
Actual: 1990-91 = $7.96 x 12 months x 684 units = $65,336
Quoted: 1990-91 = $7.96 x 12 months x 684 units = $65,336
Percentage increase per unit = 0%
5. AGGREGATE STOP LOSS COVERAGE
Purpose: Coverage of annual claims over $2,436,890
Budget: 1990-91 = $13.700 = $13.700
Actual: 1990-91 = $13,700 = $13,700
Quoted: 1991-92 = $14,750 = $14.750
Percentage Increase Per Unit = 8%
SUMMARY OF FEE CHANGES PER UNIT PER MONTH:
Percentage
Current Proposed Increase
Administrative Fees $10.42 $12.30 18%
State Premium Tax 2.06 3.18 54%
Cost Control Fees 2.45 2.45 0%
Specific Loss ($75,000) 7.96
($90,000) 7.96 0%
Aggregate Loss 1. 67 1.80 8%
Total Fees $24.56 $27.69 13%
"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # qJ~ - MEETING OF MARCH 26, 1991
SUMMER HIRE YOUTH PROGRAM
DATE: March 20, 1991
The City Commission initiated the Summer Hire a Youth Program five
years ago, The Summer Hire program was established to provide City
funded job opportunities for youths between the ages of 16 and 2 1 . We
are proposing to hire approximately 12 youths to be utilized
throughout the City for a seven week period. Summer Hire Youth will
not be permitted to work in excess of 40 hours a week. They will be
paid at the rate of $4.50 per hour. The approximate cost for this
program is $16,800 with funding available in various Departmental
Accounts/Part-Time Salaries Line Item.
Recommend approval of City sponsored Summer Hire a Youth Program with
funding from the various Departmental Accounts/Part-Time Salaries Line
Item.
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Agenda Item No. :
.......,<.?'-r AGENDA REQUEST
Date: MarC'n 11, 1 qq1
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 3/26/91
Description of agenda item (who, what, where, how much):
Sllmmp-r Youth Program - sponsorp-d by the City in conjunction with Florida Job
Services (see attached Memorandum for details).
ORDINAHCE/ RESOLUTION REQUIRED: YESINO Draft Attached: YES/NO
Recommendation: Recommend Approval
Department Head Signature, '~~7:Jl iJ-.. ~j~e~
Determination of Consistency with Co prehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involvinq expenditure
of fundS):
Fund~ng availab17: YES/@ ~ 1(.,\20'0. .
Fund~ng al ternat~ ves: Departmental FundinRr. (~f ap~l~Cable)
Account No. & Description: ~k'\CV\S DE..PA t-I\'ENT.S - Pl\ITl1 E" cll:::.1.:?2.
Account Balance:
City Manager Review:
Approved for agenda: @I NO ~'1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Marty Ritchason
Human Resources Director
SUBJECT: REQUEST FOR APPROVAL OF SUMMER YOUTH PROGRAM
THROUGH THE JOB SERVICES OF FLORIDA
DATE: March 13, 1991
The following recommendation is being made to approve the
Summer Youth Employment Program in conjunction with the Job
Services of Florida:
Program Objective: To provide job opportunities for youth
which familiarizes them with the job
market, provides skill training,
provides training on good work habits
and job seeking skills, and to complete
needed city-wide seasonal projects.
Program will provide meaningful employ-
ment experience with a tangible outcome
which will be beneficial to the City
and to the participants.
Program Duration: 7 weeks during the summer months
Participant Ages: 16 years to 21 years old
Number of Approximately twelve (12) based upon
Participants: anticipated departmental requests
Work Week: Not to exceed 4~ hours per week
Hourly Rate: $5.~~ per hour
Residency: Delray Beach residents only
Other Eligibility
Requirements: None
Restrictions: 18 years and older to operate power
equipment
Pre-Screening & Pre-screening will be conducted by the
Selection: Florida Job Service; Department Heads
will conduct interviews and make
-
selections with the City Manager's
approval.
Recommended $16,800
Funding: Departmental Accounts
Positions: Based upon past placement through
the Summer Youth Program, we
anticipate utilizing the partici-
pants 1n Clerical, Recreational,
Maintenance and other related
positions. Placement within City
departments will be based upon
departmental requests which will
be reviewed and selectively
authorized by the City Manager.
SUMRYTH.DOC/nj
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 'f L.. - MEETING OF MARCH 26, 1991
CHANGE ORDER NO. 3/ALL GREEN LAWN SPRINKLERS, INC.
DATE: March 20, 1991
This is a Change Order in the amount of $2,870.90 to the contract with
All Green Lawn Sprinklers, Inc. for the North Federal Highway
Landscaping project. This change order is necessary because the
original vegetation recommended, European Fan Palms, were not tall
enough to provide a good backdrop for the entry sign. The European
Fan Palms have been replaced with Chinese Fan Palms. Additional sod
was needed as the scale of the drawings was slightly off. Labor
to remove an old roadway base, which was a concealed contingency, was
needed in order to plant the Royal Palms in the first median north of
N.E. 8th Street.
This third Change Order exceeds the established $10,000 limit, and
therefore Commission action is required. The overall contract for
this project, including this Change Order is $104,444.45. Funding is
available in 1987 Utility Tax Bond Federal Highway- Linton to North
End (Account No. 333-4141-572-61,27).
It should be noted that the total of three irrigation change orders
was less than $10,000. The staff report for this item refers to the
most recent change order for irrigation, as it did not exceed the
established limit, I approved it separately.
Recommend approval of Change Order No. 3 in the amount of $2,870.90 to
the contract with All Green Lawn Sprinklers, Inc. for the North
Federal Highway Landscaping project.
.
,
. Agenda Item No. :
AGENDA REQUEST
Date: 3/19/91
Request to be placed on:~
X Regular Agenda Special Agenda Workshop Agenda
When: 3/26/91
Descri~tion of agenda item (who, what, where, how much):
Lange Order for North Federal Highway Landscaping and Irrigation
$~l " . ~u ~uibJ' -en
$2,870.90 - landscaping
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~~-Z7'--<-~ _
Determination of Consistency with Comprehensive Plan:
City Attorney Reviewl Recommendation (if applicable):
Budget Director .Review (required on all iteas involving expenditure
of funds): ~ ,i,'..,~ 3/''1/<11
Funding available: l.&SJ NO
Funding alternatives: (if applicable)
Account No. & Descr 1tion: 331r'lP/I- 51J';[-/,/,,2 7 /91''/ /I/'7 t;;)( &,.;d..
Account Balance: /J..j'1) D'jV."'/fl' .
I=€ "l ~ ~ - /...A; fON
City Manager Review: {;:; No,.:... 'L CIJ d
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
,,,,..
Received:
Action: Approved/Disapproved
'.
MEMORANDUM
To: David Harden, City Manager
Through: Lula Butler, Community Improvement Director~
()z))
From: Nancy Davila, Horticulturist/Special Projects Coordinator
Re: LANDSCAPING & IRRIGATION CHANGE ORDERS - NORTH FEDERAL HIGHWAY
Date: March 19, 1991
ITEM BEFORE THE COMMISSION
-
1. Change Order # 3 - North Federal Highway Irrigation to increase net
contract amount by $817.50.
2. Change Order # 3 - North Federal Highway Landscaping to increase net
contract amount by $2,870.90.
BACKGROUND
1. Approximately 5 additional irrigation heads were needed per each median
to provide adequate coverage for the landscaped areas. The base plans
were created at a 1"=20' scale by digitizing from aerials at a 1"=50'
scale. Evidently there was some distortion which translates to the
scale of the drawings being slightly off from the actual area to be
covered. A total of 50 heads were needed at $16.35 each for a total
cost of $817.50.
2. The change order for the landscaping has been initiated to cover three
items. The first is the substitution of Chinese Fan Palms in lieu of
the European Fan Palms as a backdrop for the Delray Beach Entry Sign.
The European Fan Palms were not tall enough to hide the backside of the
sign, which would have been visable coming from the south. Seven
European Fan Palms at a 3 foot height were deleted for a credit of
$231. 00 and five Chinese Fan Palms at a six to eight foot height were
added for a total cost of $420.00. The net increase to the contract for
the substitution of these palms was $189.00
The second item was an additional 8,000 square feet of sod. This was
needed for the same reasons that the additional irrigation heads were
needed, which is that the drawings did not scale precisely to field
measurements. Shipping tickets were provided and the sod was extended
at the unit price per the contract. The net increase to the contract
price for the sod was $960.00.
The third item involves labor needed to remove an old roadway bed that
was discovered in the large median while attempting to plant the Royal
,"
Palms. This is covered as a concealed contingency in the contract. The
Contractor submitted work sheets for laborers and supervisor. The
Contractor has submitted an invoice for $1,721.90 for the additional
work. He had originally billed all time at $27.50 which I refused to
accept. He is still billing his foreman at that rate but is billing
$13.80 for the laborers. The labor amount is equivilant to hourly rates
established for the installation of plant materials in our maintenance
contracts.
RECOMMENDATION
I recommend that the change order requests be approved.
,.
CHANGE ORDER
3
Dated 2-15 19 91
,
Project No. Bid # 90-47. Funding Code # 333-4141-572-61.27
Project Name: North Federal Highway Landscaping
Owner . City of Delray Beach, Florida
.
Contractor: All Green Lawn Sprinklers. INc - 958 S. Military Trail, Suite # 65. W.P.B. 33415
Contract Date: July 13. 1990
To: Ben Ellis - President
You are directed to make the following changes in the subject contract:
nplpt"p 7 F.uTopea.n Fan Palms @ $33 (3' HeilZht) - - $231. 00
Add 5 Chinese Fan Palms @ $84 (6'-8' ht) - + $420.00
8.000 s.f. Floratam Sod @ $.12 - + $960.00
labor to remove asphalt. concrete and shellrock to plant Royal Palms - +$1 721. 90
Total increase $2,870.90
which changes are more specifically described in the attached amended plans, drawings
and specifications.
The reason for the change is as follows . Eurpoean Fan Palms were not tall enough to provide
. a good backdrop for the entry sign and were changes to Chinese Fans which hid the back of the
si n and framed the front of the si n. Additional sod was needed as the scale of the drawings
was slightly off, bid pricing sheet is only and estimate an inten e to e exten e at the
specified unit price. Labor to remove an old roadway base which was a concealed contingency
was needed in order to plant the Royal Palms in the tirst median north ot N.e. ~th Street.
The contract price and contract time shall be adjusted because of the changes as follows:
A. Contract Price
1. Contract price prior to this change order: . $101,573.55
Page one of two Pages
. .
"
..
CII~GE OWER No. 3 Project name North Federal Highway Landscaping
2. Uet increase resulting Crom thIs ch:Jllge order: $2.870.90
3. Net decrease resulting from this change order: none
4. Current contract price including thIs change order: $104.444.45
B. Contract Time
l. Contract time prior to this change order: 95 days
2. Net increase resulting from this change order: none
3. Current contract time including this change order: 95 days
work completed
CiTY OF DELRAY BEACH, FLORIlJA, OWUER
By:
David Harden - City Manager
Attest:
City Clerk
City of Delray Beach
Allison Mac Gregor Harty
.
Approved as to form:
City Attorney
The above changes are accepted on ~...~r , 19 " . 1 understand that
all the provisions of the Contract Document related to Project Ho. R.,,.! , 90-/.7
which are not inconsistant with the terms of this change order shall remain in effect
and apply to all work undertaken pursuant to this change order.
Witness:
iOebc'7}O-.LJ~ A \ 1- G \(?'''1 LOIN" sr(\v'"\~(~' Contractor
~~ --:[,..,.....
. By: ~A ~ ()l.~ }
As to Contractor ?("~",cu "')..
Title
GLORIA DIAZ
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All-Green Lawn Sprinklers. Ine. t
958 S. Military Tr, I
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Suite '65 I
WPB, Fla. 33415
(407) 471.2980 Recorder I
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DJ1DA A. DUOA AND SONS, INC.
ROUTE '. BOX 804
MOOREHAVEN. Fl33471 8 0331
PHONE: 8'3-946-0'98
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Mace Sod Service, Inc. . QUALlT~_SOO :..
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.. Soulh Bay, Fl 33493 ;
Ptlones: Belle Glade 996.6716 I 6717 -j-
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,"~.' .: -.c:r' ";.' . ~ '. ~." j .,: ~ . -' ~.!. j. OTH E"~:~ .~.~'4M.:,.fC,...:r...' .~:'... _'j.'1'.I;. :,'" .
'. a, .f' k: "~".." _~ 1 ~..~!. "'~ ..,.. ",,~'"~.. ..-... ""';""'"J. -: I "
L.. . .. ~ . J.:t~ . - I
. RECEIVED BY) ,. ,:'-1l PAY THIS AMOUNT~.' -f.4 ~ : i~. ".../,' ~" n .::.. ,
~.
_'.___"m___..,__,_ '_ ._..,~
... __..."".,""...__~_... ..w~"",,,"~,___,~~
14- . "
INVOICE "
All-Green Lawn Sprinklers, Ine.
958 S. Military Tr,
Suite '65
WPB. Fla. 33415
(407) 471.2980 Aecorder
Dale ~-'Y-~I
.
To C\+~ o ~ \)~ \'('o.j ~~C\C \,
Addreu \00 N.w. \ ~\- ~0~
~\"C\.j \S... c.. c....\..... \=-L "331441..\
Due 30 days or l'h% per monlh Interest
:
\)\" ~Q\t.\ L-< Kc)"C',\~ o.""c.l
...
PQ..-.JV"o""'s ?"J.\"Y\~
lei 7, 5~ 1., .~o 13., SO
\ o/'~ II 6J 13.~O 1St 90 I
I
\0 i .,'.i"" I
. ~.s ~ "1.1 ~C ?-33
Io/~ I
17 @ I~~O d. '?J '-4- bO I
I
--.--,P-- .- \cf\~ Se 1.1.S0 t '2.1 SO ;
j
10 e \'\.!-o t3~ 00 I
10 \0
\O( \"L 3G "1." sa &~ I
SO
\~ ,~ ~ 0 \'~.~O ~l. go
101 I~ "9 ",,1.50 llO ,,0
\oll~ <\@ IT \D l \ a '-fO
10 I~ ~.( e 1.'\.'; c \ 5 , 'L.;"
\0 ,q \ \ €J \3 KD l5 t ~o
,
I
,
..;l:: 'be. SI" n/"\.\ t',<;, ~O('~vvtt ~
TOTAL BILLING liQf fJlt . .
.
I.
~
-.
. . I
j
I .
I
\
'"
Work ALL-GREEN LAWN SPRINKLERS. INC.
Order 958 S. Military Trail. Suite 65 Oat. .-vf'7C
It Wes1: Palm Beach. FL 33415
12LJo Phone 471-2 80 or 346-3129
/
Address Work to be Perlonned
Labor Rate
All Material installed to be Billed at Retail
LABOR
NAME HOURS DATE PRICE
.
MATERIALS
DESCRIPTION QUANTITY UNIT PRICE TOTAL
\
.,-
SUBTOTAL
TAX@ %
TOTAL BILL
CONDITIONS: CUSTOMER: READ BEFORE SIGNING
1. Payment is due upon completion of work. Any amounts not paid upon completion of work shall accrue 1.5 percent
interest per month until paid.
2. All material shall be owned by ALL GREEN LAWN SPRINKLERS. INC. until fully paid for.
3. In any litigation arising out of this proposal. ALL GREEN LAWN SPRINKLERS. INC., shall be entitled to a reasonable
attorney's fee.
4. I am authorized to sign for the work to be done by ALL GREEN LAWN SPRINKLERS. INC.
Business/Owner Authorized agent of business/owner
All above conditions accepted by owner or representative .
... Signature
._.n_,,____ -_......-
Work ALL-GREEN LAWN SPRINKLERS. INC.
Order 958 S. Military Trail. Suite 65
# West Palm Beach, FL 33415
1130 qf~;;4;A~ Date
"ddress Work to be Performed
/ /
Labor Rate
All Material installed to be Billed at Retail
LABOR
NAME HOURS DATE PRICE
-
MATERIALS
DESCRIPTION QUANTITY UNIT PRICE TOTAL
"
I
SUBTOTAL
TAX@ %
TOTAL BILL
CONDITIONS: CUSTOMER: READ BEFORE SIGNING
1. PByment is due upon completion of work, Any amounts not paid upon completion of work shall accru. 1.5 percent
interest per month until paid.
2. All material shaU be owned by ALL GREEN LAWN SPRINKLERS. INC, until fully paid for.
3. In any litigation arising out of this proposal. ALL GREEN LAWN SPRINKLERS. INC.. shall be entitled to a reasonable
attorney's f...
4. I am authorized to sign for the work to be don. by ALL GREEN LAWN SPRINKLERS. INC.
dusiness/Owner Authorized agent of business/owner
All above conditions accepted by owner or representative
~
'"
Work ALL-GREEN LAWN SPRINKLERS. INC.
Order 958 S. MiliUry Trail. Suite 65
# West Palm Beach. FL 33415
11 j 3 ~,,"4TZ3129 Date
Address Work to be Performed (?t: '1/.iAi~~/
1 !
u '
Labor Rate
All Material installed to be Billed at Retail
LABOR
HOURS DATE PRICE
MATERIALS
DESCRIPTION QUANTITY UNIT PRICE TOTAL
SUBTOTAL
TAX@ %
TOTAL BILL
CONDITIONS: CUSTOMER: READ BEFORE SIGNING
1. P8yment is due upon completion of wor1<. Any amoun~ not paid upon completion of work shall accrue 1.5 percent
interest per month until paid.
2. All material shall be owned by ALL GREEN LAWN SPRINKLERS. INC. until fully paid for.
3. In any litigation arising out of this ProPoS~I, ALL GREEN LAWN SPRINKLERS. INC.. shaU be entitled to a reasonable
attorney's fee. .
4. I am authorized to sign for tt)e' wor1< to be done >>y ALL GREEN LAWN SPRINKLERS. INC.
Business/Owner Authol"ized agent of business/owner
, "
All above conditions accepted by owner or re~tfv.
" · ! ,; .',.f ~
Work ALL-GREEN LAWN SPRINKLERS, INC.
Order 958 S. Military Trail. Suite 65 Datel?h
- West Palm Beach. FL 33415
11 78 Phone 471 -2980 r 346-3129
I
Address Work to be Performed
Labor Rate
All Material installed to be Billed at Retail
LABOR
NAME HOURS DATE PRICE
MATERIALS
DESCRIPTION QUANTITY UNIT PRICE TOTAL
SUBTOTAL
TAX@ CJb
TOTAL BILL
CONDITIONS: CUSTOMER: READ BEFORE SIGNING
t. Payment: is due upon completion of work. Any amounts not paid upon completion of work shall accrue t.5 percent
interest: per month until paid.
2. All material shall be owned by ALL GREEN LAWN SPRINKLERS. INC. until fully paid for.
3. In any litigation arising out of this proposal, ALL GREEN LAWN SPRINKLERS, INC.. shall be entitied to a reasonable
attorney's fee.
4. I am authorized to sign for the work to be done by ALL GREEN LAWN SPRINKLERS, INC.
BusinesS/Owner Authorized agent of businesS/owner
All above conditions accepted by owner or representative
Slgnaa...
,'"
Work ALL-GREEN LAWN SPRINKLERS, INC.
.
Order 958 S. Military Trail. Suite 65
. 11 b 3 West Palm Beach. FL 33415
Phone 471 -2 80 or' 346-31 29 Date
Address Work to be Performed
Labor Rate
All Material installed to be Billed at Retail
LABOR
HOURS DATE PRICE
~ 5,,,
.;)~
sf'
MATERIALS
DESCRIPTION QUANTITY UNIT PRICE TOTAL
SUBTOTAL
TAX@ CJb
TOTAL BILL
CONDmONS: CUSTOMER: READ BEFORE SIGNING
1. Payment is due upon completion of work. Any amounts not paid upon completion of work shall accrue 1.S percent
interest per month until paid.
2. AU material shaD be owned by ALL GREEN LAWN SPRINKLERS. INC. until fully paid for,
3. In any litigation arising out of this proposal. ALL GREEN LAWN SPRINKLERS. INC.. shall be entitlecl to a reasonable
attorney's f...
4, I am authorized to sign for the work to be done by ALL GREEN LAWN SPRINKLERS. INC.
Business/Owner Au'thorized agent of business/owner
All above conditions acc.pted by owner or repre..ntatlv.
Signatu,..
Work ALL-GREEN LAWN SPRINKLERS. INC.
Order 958 S. Military Trail. Suite 65
. West Palm Beach. FL 33415
1134 Phone 471 -29 or 346-3129 Date
Address Work to be Performed
Labor Rate
All Material installed to be Billed at Retail
LABOR
NAME HOURS DATE PRICE
3
..3
3
SUBTOTAL
MATERIALS
DESCRIPTION QUANTITY UNIT PRICE TOTAL
.3
..s
.:3
SUBTOTAL
TAX@ %
TOTAL BILL
CONDITIONS: CUSTOMER: READ BEFORE SIGNING
1. Payment is due upon completion of work. Any amounts not paid upon completion of work shall accrue 1.5 percent
interest per month until paid.
2. All material shall be owned by Au:. .GREEN LAWN SPRINKLERS. INC. until fully paid for.
3. In any litigation arising out of this proposal, ALL GREEN LAWN SPRINKLERS, INC., shall be entitled to a reasonable
attorney's fee.
4. I am authorized to sign for the work to be done by ALL GREEN LAWN SPRINKLERS. INC.
, ,
,. ..
Business/Owner , Authorized agent of business/owner
. ,
€.'. t .. ~
All above condltlons~.ccept8d by rwn;.r o~ repre..nta~.. . Signatu...
!. .
'"
-
'"
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # Cf,k\ - MEETING OF MARCH 26, 1991
APPOINTMENT OF A MEMBER TO THE EDUCATION BOARD
DATE: March 20, 1991
This is a Seat 3 appointment of a member to fill the vacancy on the
Education Board created by the resignation of Stephen Raciti. Mr.
Raciti's term was to expire July 31, 1992. We have received
applications from:
Donald Allgrove Joseph Valentino
Mark Sheppard Horace Waldman
Katherine Sloan Deborah Wright
Recommend appointment of a member to the Education Board to fill the
unexpired term of Stephen Raciti to a term ending July 31, 1992.
,"
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Alison MacGregor-Harty, City Clerk~
FROM: Anita Barba, Board Secretary
SUBJECT: VACANCY ON THE EDUCATION BOARD
DATE: March 15, 1991
Due to the resignation of Stephen Raciti, a vacancy has been created on
the Education Board. The term will end on July 31, 1992. According to
Ordinance 24-90, Section 32.28, "The members of the Education Board
shall be residents of the City of De1ray Beach or shall be a person
with a child or children attending De1ray Beach public schools. Should
a member of the Edcuation Board not be a resident of the City of De1ray
Beach and should that member's child or children cease attending Delray
Beach public schools, then such member shall no longer be qualififed to
serve on the Board."
The following persons have expressed an interest in being appointed to
the Education Board and have submitted their resumes for consideration.
Donald Allgrove
Marc Shepard
Katherine Sloan
Joseph Valentino
Horace Waldman
Deborah Wright
Based upon the rotation system, appointment will be made by
Commissioner Andrews (Seat #3).
ed.txt
~
~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION I '
(V- . 0./5/7/
Donald C. All.e:rove
NAME
1090 N.W. 1Gth Terrace Delray Beach, Fl. J J44 5
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
407-278-54J8
HOME PHONE [ill C~LJUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Education, Site Plan Review
o~_ - 'iiR~ yr't.. e 0 ~ h 2-
./
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
new appllcan"t
EDUCATIONAL QUALIFICATIONS B.S and M.A.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
Teachin.e: Ce~ificate,
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Legislator-Suffolk County, N.Y. Deputy presiding Offlcer
DESCRIBE EXPERIENCESj SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. Teacher 2 years, principal -
Ch. of Educatlon Co~m. Suffolk Cnty, N.Y.
PLE~S~ ATIAGH A BRI~F RESUME. Resident 5 yrs. Property owner.
Addltlona lnforMatlon on request.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
~'VL.- 2-8-91
DATE
,"
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME f0d.1' C ~ eraV'~
;) 4-<30 JuNiper 0 r: ve) De lray Bed cf,.. I F L 334-lf-S-
HOME ADDRESS <Street, City, Zip Code) (LEGAL RESIDENCE)
S".a.tII't... \ "" c e S CO.~'+\~N; +j H(7A <;;J. 0" i 0 "j 'j C ~ w ,-fUV' ce f.J',1 ~1aI\i41 3/'It..
I
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 4--01 ~4-3 -1'1'+ I BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING E.J ~7-(-a1V
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
---
EDUCATIONAL QUAL IFICATIONS B _ ~.- - Co tI ,e 0 f gv-s >J l"~S ~J f~M,c Ad...? "I'
, I
Se c avo J.. o..r TeD.cA ~ tV Le'tI' t-~ f" (c..:'f-c"c N - ;n~t'-' S;;c; ~( )c ~ ~Nre (..:.s; 1'1 t'S5
,
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
-
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION
~kol Bc-..rJ of p~~ B~ Ctru...-/"I fj - 5" 1>.~5f.-f,... t'e Te~ 4 r
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD -tI..' k ,~ ~viJ q
Cl. be It 41ev--(
:r:: IN
~ Ao-v-e... "rv ~ eJ~ ;-oN
ea.9-er- ~ CorA-r ~ b v.. +e... tfr--t <"ter~ effce S fo Ae I fJ .
"
\ ed c..LCa.f-,....otV '(IV 0'-4.11 .1~1- C ;1/)
PLEASE ATTACH A BRIEF RESUME. ( ,.,.. fro t/E-
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE A.'JD
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~Sd:~R~ 3- ILt - <1 J
DATE
4/90
..
MARC JONATHAN SHEPARD
2480 JUNIPER DRIVE
DELRA Y BEACH, FLORIDA 33445
Home: (407) 243-9941 2/90
OBJECTIVE
A career as a professional educator.
EDUCATION
Teacher Certification, Florida Atlantic University, Boca Raton, Florida,
Coursework for Teacher Certification in Secondary Social Science.
Bachelor of Science, Human Resource Management, Florida Atlantic University,
GPA 3.75 (Major).
RELATED EXPERIENCE
Substitute Teacher, Palm Beach County School Board, West Palm Beach, Florida.
Sunday School Instructor, Boca Raton, Florida.
Tennis Instructor, Kankakee, Illinois.
OTHER EXPERIENCE
ln~ependent Study/Personnel Research, supervised by Dr. H. John Bernardin, Director of
Research, College of Business, FAU.
Student Intern in Employee Relations, Motorola, Inc., Boynton Beach, Florida.
Student Intern in Employee Relations, City of West Palm Beach, WPB, Florida.
ACHIEVEMENTS
Earned scholarship for my efforts as President of Student Association for Management
and Personnel Administration (SAMPA), FAU.
Moderated "Panel of Personnel Managers", 100 + attendance, F AU.
Generated $150,000 in sales for Sears Roebuck & Company, Boston, Massachusetts.
REFERENCES AVAILABLE UPON REQUEST
'"
CITY OF DELRAY BEACH
- BOARD MEMBER APPLICATION
K;tthryn S. Sloan
NAME
502 Rye Lane. D.e.lt.ay Beach. Florida. 33444
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
K a...t..b. i Sumrall Realty. I nc . . 822 East Atlantic Avenue. De~~~ Florida, 33483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
278-3175 272-6700
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
B~~d of Education
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) None
-
EDUCATIONAL QUALIFICATIONS
A~lantic Hi2h School. g r a d-y ate d 1985
University of Geor2ia. 2raduati~~ne~~ 1990 (requirements completed)
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
Florida Real E~~as~__~~~sman License (at UGA)
___~lication for Teacher Certification bein~ filed in Georgia
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Kathi ~umrall Realtv. Inc. Kathi Sumrall, employer
Realtor-Associate Salesman. position
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. I have completed my requirements to receive a BIS in Early
Childhood Education. I completed three-months of student teaching in
__Athens. Geor~ia, and four mCLllLh s in London, England.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I HAY
RECEIVE. 3/9/ ~ JA-~
~AW~)7~
""
KATHRYN S . SLOAN
PERSONAL BACKGROUND Lifetime resident of Delray Beach
Parents: John Nicholas and Rose Machek Sloan, II I
Date of Birth: May 14, 1967
EDUCATION Trinity Lutheran School, grades K-8
Atlantic Community High School, graduated 1985
University of Georgia, graduation June, 1990
EMPLOYMENT
March 1990 Kathi Sumrall Realty, Inc. , Delray Beach, Florida
positio'1: Salesman
Feb. 1988- Coldwell Banker Upchurch Realty, Athens, Georgia
June 1989 position: Office Manager's Assistant
Summer 1986 Wee Care Day Care Center, Delray Beach, Florida
Summer 1987 position: Assistant Classroom Teacher; infants
2 year olds, nursery
Christmas \985 Rosella's Bakery, Delray Beach, Florida
Christmas 1986 position: Chef's assistant
Christmas 1987
.
ACCOMPLISHMENTS AND HONORS
Autumn 1989, Participant in C.O.S.T. program
for overseas student teaching, four months
teaching 1n London, England
Listed in 1988 Edition of Outstanding Young
Women of America
Dean's List - University of Georgia, 1987-1989
Social Coordinator - College Group - Campus View
Church, Athens, Georgia, \985-\988
Children's Songtime Hour Coordinator and Teacher -
1989, Campus View Church, Athens, Georgia
Sunday School Teacher - 1988 - Campus View Church,
Athens, Georgia
Member Clarke-Heritage Foundation, Athens, Georgia
\988, 1989
National Pen Women Scholarship, 1985
Miss Atlantic, 1985
REFERENCES Additional references available upon request
"
CITY OF DELRAY BEACH
BOARD ~EMBER APPLICATION
NA..'1E Joseph Valentino
2395 Jaeger Dr~ve, Apt. 4A; Delray Beach, FL 33444
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
Retired - Part time tennis night court supervisor of Delray Tennis Center
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 407-278-1428 BUSINESS PHONE 276-5146
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Education Board
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
Member and Chairperson of the Human Relations Committee 1986-1989
.
EDUCATIONAL QUALIFICATIONS Graduate - Bucknell University
Masters Degree in Industrial & Vocational Education - Maryland University;
Graduate Army ~ar College
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Teaching Certificate - New York State and Palm Beach County
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Retired
Part time night court supervisor - Delray Beach Tennis Center
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD 1) Masters Degree in Education 2) Served -as instructor of Communications
and Intelligence, Signal Corps ~orld ~ar II 3) Lay Minister in Catholic
Diocese of Palm Beach - Ministry of youth development 4) Former Chairperson
of Human Relations Committee 5) Substitute teacher - over 35 years
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, A...~D I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~~J; 20,~~ ~/-1:-/'7f/
DATE /
SIGNA RE 4/90
'"
RESUME
1. Graduate of Bucknell University - scholastic and athletic scholar-
ship, June 1937
2. World War II - Signal Corps Army Officer in Communications, Securi-
ty and Intelligence, 1943-1946
3. Masters Degree in Industrial and Vocational Education, Maryland
University, 1950
4. Retired Government Engineer and Research Analyst from the National
Security Agency, 1943-1973 (30 years of service - involved in
communications security and intelligence).
5. Experience in trainin~, coachin~, and counselin~, over one-thousand
(1,000) youngsters during a period of fifteen years in parish
religious, athletic, recreational, cultural and social activities - .
St. James Parish, Falls Church, Va.
6. Substitute teacher for thirty-five (35) years in academic and
vocational courses
7. Tennis night court supervisor at Delray Beach City, 1981 - present
8. Completion of a two (2) years' program in Lay Ministry conducted
by the Catholic Archdiocese of Miami; commissioned June 6, 1982,
to serve as Lay Minister in the development of youth
9. Served as member and Chairperson of the Human Relations Committee
(liRC) 1988-1989
10. Served in "Cities in School" program tutoring youngsters in need
of help in academic subjects at Carver Middle School of De1ray
Beach 1989-1990
11. Tutored inmates in Lantana Correctional Institute 1989 and coached
inmates in a tennis program
12. Involved in Delray's Kids & Cops program with particular interest
in a recreational and sports boxing and educational program with
the particular objective of keeping youngsters in school
iI~
-"- .-
/
CITY OF DELRAY BEACH
4of'-1l c..L BOARD MEMBER APPLICATION
- NAME ~J. [J~AH
tfs1 S.
~L ~ 3)tffS
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENC )
/Yot!L
PRINCIPAL BUSINESS ADDRESS (Street, City, lip Code)
HOME PHONE fo1- '0 g -Cf s1 V BUSINESS PHONE t/ot-/L
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
~ I?:> 0 A " C '5 P.> " f e h -:, ; ~ l\ :f\.1 n cl
(3('lt\rrQ,\)~ . ~cL l3r
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS ~ uLf:rf- C-LA. D uA rL -
B,).IH &fU-!ESJ A-tJ }It I HJ 5'TR-m 0 H - /1 A.J r) ~ I H
t ~UHT7WG- ~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD .
Lu:nFI~O pvBWC- b\Jr-f17l.ff-,-<Nt:~~ ';
GI E YOUR PRESENT, OR M~ RECENT EMPLOYER, AND POSITION f AL-nf
15: Co M ~ cJl1./~5To1l !I~
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD 05- ~ u BL-Ie- butrml
oF-
1'1 AN s o~ IHDIJ~ . ~p lITo
I W 5 <:::4A ~AM oF- ~ &,/W) oF- ~ IiST11EJ-I-r-
PLEASJ tfTTAcH' ~t[t . E..JU -..J ~Ef /I- E.J~L ~L[
-h~ I) or-!1 uC-#- (; fl,..p.JJ
I HERE Y C RTIFY THAT ALL THE. ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
) ~ ()~ , /qqo
DATE
4/90
'"
4 CITY OF DELRAY BEACH
- 60ARD MEMBER APPLICATION
DE l3o/? A H tV K: T G- tf T
NAME
P (), t:3o~ h{)~ DeL-MV rieL. . ~L. 33YY'(
HOME STREEt ADDRESS, CITY, ZI~ (LEGAL'RESIDENCE)
I 5u I N. tAl. 15 ~ Lo,!,eL-6tJ(!~ 1U-f"D~~L., "33Yf:7?
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
;(710-5 3 7 ;).. 33 y-j'-f()Q
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING E1JUC.A-TDN, CI!.A-, f'L1Ht/1t/.i:N<;-TL..,N:::JVr.
,
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) AT T {'t.I'5> T-ar.1.G'" IUD I II-A/Y
EDUCATIONAL QUALIFICATIONS M.s, &c , t4 <.. 5 ru 'l:J.LC"S -LJ::.N~_fi~ 5.:Dv ~
F1J.u (' ,4. u:-o IV - pLe1t<'5 E" .sE.~.-L1.zr I1CI1 E D /ZE5v "., 15'"
-
--- --
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
PEAL 13.LL!: T E L- r f.,~::!::!fi.c-=-IJ E)?C If- rAJa- ~---,e T..r PI C /f TF
------
GAVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
If-'-A1 L3iD'1:::c...d__ Cdc..( 1'1 J'( 5c mu '- L;l)~ - &e..4 M~f\I~,g_ m ulC/.cry & C.f#-=-
TC-J4. <!. fft;:- It-
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. ,E1)i./UT:Z:l/iJ &~D -IA-<A(;.~r .I:NPA(..fYIA4Yk{+ f.r~~ /3)l'iF}f.."~ .
c..M 1- fl~...,,~RV 6- "f ?. (IN.r1f/<;._.. 1't9-A. r -~t?" ~'- 1f:"SH9-"'- ,- ,
--
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE. / I / qU. ~~
3/1/
~~._JY~___ ~ 7'- ;l - 9't.J
---------------------------
SIGNAT DATE
r~:,='::;ulne
'..J "C
DE: t. .:] ,'- .~. h ,J '= ,"I.n v.Jr- i q i'j t
;=' .. tJ n E:o:< 604
DE:l \"-a'y' [:,=:::,:::1-'; I, F l:w 1 ':: ,Eo. 33444
._. .---.. ._ ~_. __. __. _. ..... ._. 'n"' ._. ._.. h' .__ '_'."_ ._ __. _._ ._. _... ,._. ... '_R .._ .... __ __ _ .__ "._ __ __ _ _ _ ._ __ _ _... _ _ __ ~_ _ __. -_ __. _ __ __ -_ _ - _ _ __
I- ':: TI J.r.j;!L ~: fi:;: I~ (~ t:~ g L1 U Q
1'~73 ;< .""./ i ,~I- U:"\ iiet..,.:; 1. t./ 1:' ,~
1..' . .;:; .
1 '7'80 -- F:l c!r"i .ja. p, t 1.:3.r1 tic !,J,', j,vet- 5 it y B.A.
1 '~?E~ 3 .... Ne)'.i.::\ Ij r-; i "'./ e j--' ':=. i t \/ ,..1. :3.
C.' [~ !J j= h ;;~ 2 .f_ Q t:~ f.~ b~ [5 f' .f;:; f:; I.. ~U~~ h
.t ,...,...." ,'-\ ... F-' (' e'::;en;: ::;: ,::J c.;., F:atDf'i High 5,: 1'''\ OCJ1
.I. ".:' .. ''','
Boe,;:... ~:aton " Fl or- i dc:,
~3oc i ,-= 1 '3tud i es and BU5i,ies5
E,jueD.t J on
'3!:::<on<::Cli'" of Flot--i(ja FL:,tui'-e
Ec u::.::<. t Ol~:; c:rF Ame'-i e~. Club
(:=-n:A;. , {1mb ..::\ ',:;::iad Ot- ClLlb,
Cc:,.....~;p or, S,~I' e,j Freshma:i.
- I- T' arId Sen i I::>r
~::i;~ P 'l (J il1l~ (- t.:.1 ~ '._ Ll r I 1 0""
,:~ ]. .:::i.':; S E~ S ..
C(]C"lcllE:.,d :::3i:~15' B<:\sketball.
J./c 11 e...):.t. ct 11 .. and Sof tbc,ll
TI.::'I.::tIT'!';:;..
19E:7 .._. 198';;- CaFVet- I''iiddle !:.chool
De I ,.- ::t./ Be:3.ch. Fl.
F'aT t -..t i me Adult EdLl.c.:?t ion
;=:SOL an,j GED I f'l.:;tr-LlCtOr-.
1978 - 79 :: 2l. r- \..- e' ~.- Middle SchDol
F'r" C) j ,~ c t F:e3c ue (CETA)
[)21 (' .~. \.- Be2cr, . F--lor-ida
r..; .:?t. t. 1-; i;2 iTI a t i .=-= Tut'or- i al Teacher-
lc;.7"'" -.. 78 F ::-..lr'j E-:e.~.ch COllll t 'v' Sch'::>c.1 Board
. , , '_J
~3u.b'5tl tute Tea,=I-":er-
9:::h?!b.l,=I~eIIQ~f?2.. Moti"iated. willing to work to
,;:..eh i~.,te goa15. Meet and work
well wi.th people at all
levels.
,"
E~E~Q~ebl ~ge 38~ DiYorced~ excellent
hea~th. Commu~ity mirded=
ErJoy playing backgammon,
~~immi~g~ tenni~ ,olley ball,
~asketb211. s~ftball,
raquetball,skating and
cheering at ~v ~Gn~s
bas~etball games.
Refp~-Ence~ 3.vailabls upon request.
,'"
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # Cf)/ - MEETING OF MARCH 26, 1991
APPOINTMENT OF A MEMBER TO THE CIVIL SERVICE BOARD
DATE: March 20, 1991
This is a Mayoral appointment of a member to fill a vacancy on the
Civil Service Board created by the expiration of June Henley's term.
June Henley's term as a regular member of the Civil Service Board
expires April 1st_ The incumbent is eligible for and has applied for
reappointment. We have received applications from:
Sally Antonelli Murray Sohmer Donald Zimmerman
Anita Deutsch *Sam Port nay
Robert p, Ferrell Horace Waldman
*Currently serving as an alternate to the Civil Service Board.
Recommend appointment of a regular member to the Civil Service Board
to fill the expiring term of June Henley to a term ending April 1,
1993.
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Alison MacGregor Harty, City Clerk 6Y~!~
FROM: Anita Barba ~
SUBJECT: VACANCY ON THE CIVIL SERVICE BOARD
DATE: March 14, 1991
June Henley's term as a regular member on the Civil Service Board will
expire on April 1, 1991. The term is for two (2) years. She would like
to be reappointed and is eligible to serve another term. According to
the Civil Service Act, there are to be five (5) regular members on the
Civil Service Board; three (3) of which are to be of different vocations
or vocational backgrounds, not employed by the City in any capacity,
official or otherwise, and appointed by the City Commission. A person
need not be a resident of the City of Delray Beach.
Other persons who have expressed an interest in appointment to the Board
are as follows:
Sally Antonelli
Anita Deutsch
Robert P. Ferrell
Murray Sohmer
Sam Portnay (presently serving as an alternate to
the Civil Service Board)
Horace Waldman
Donald Zimmerman
Resumes are attached for your consideration.
Based upon the system adopted by the Commission in March of 1990, the
appointment will be made by Mayor Lynch (Seat #5).
cabap.txt
- l t c.t .
(cfP ...;..........."tft.c..(.
'I '
CITY OF DELRAY BEACH
BOARD MEMBER APP~ATION
JtJ~lF. HENLEY
----.-- .----- -------
NAME
7')C: Sldor9..Q.o Lane.. De:!.r.JiY Beach .J'k_ 13tL4iL -------
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
P. n. Box 16.20.. De1rav Bead:. FL .13Lf47
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
----- -----------
276-3350 273-1420
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Civil Service Cornnission
--
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) Civi1..:C::;ervice Connission -in Hi110u~hb,r I 0hio
-
---
EDUCATIONAL QUALIFICATIONS See attached reSUMe -
------------_._--- ---------------------
-- -- -------_.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
---- --- ------_._--- See attached resune -----.---.------
---.------- ._-----------------
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ----------
____ J:D2.~r RAdio - Account Executive ---------
-.-----
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. See attached resu~~___ ._---
----- -- ---------
---.----.-. --------- -----
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE. 3/q I ..-<iXUl JAIw<ilJ.J
~ ___~~E~~_~~_~~~~__________
DATE
JU:iE-ANN FOX . HEN LEY
709 Eldorado Lane
Delray Beach, Fl. ))444
305-276-3350
Bu~lne8e ExPerience
September 1967 - September 1969
General Electric Coapany, Chea1cal Products Dlvlslon, Cleveland, Ohio
Secretary to the Supervlsor of Facilitles plus hls three Engineers and two
Foremn
Fe'bi"ua.r1 197.5 - Februar1 1911
C1TU Service Cou1ss1on's Executlve Secretary, WUloughby, Ohlo
Kept Clvil Servlce Coaa1ssion's Minutes
Maintained Office
Interviewing at applicants
Prepared, ada1Dlstered., graded C1Y1l Service Exaa1natlona
Prepared EllgabUlt1 Llets trOll ex&ll1natlon scores
Certlfied persons troll eligabUl ty 11st to Mayor for ellplo1Mnt
Maintained personnel flles
Certlfied payroll
Informed COIlJIllssloners on leslslatlve ctaJ18es ttw.t effected the COIIII1s-
sion.
Represented the Coaa1ssion at State Meetinga.
March 1977 - June 1911
Class1tication for the CitY' at EastlAke, Ohlo
Secured the I.P.A. Selll1nar "Introduction at Supervlsion" for their tront
line SUpervis0r8 at no coet to the City at Eastlake
July 1m - Dece.bar 1977
Cla8s1ficatlon Plan far the Clty of Wlckllffe, Ohio
Recollllll&ndatlons to the Service Depart_nt ln prepazatlons for Clvil
Servlce coverage
Retentlon schedule far W lcklU'fe '. recorda, per A ttD1 Generil Brown' a
Guldelines
December 1971 - Jul1' 1919 .
Free-lanced personnel work for 8-.11 JIIUJllclpalltle. in Ohlo
Auguat 1979 - MaY' 1980
Banana Boat 1n B01'Dton Beach, Flarlda
v.it!'eS!:~ , monthes
Aa6~.1<i&nager - 7 1IlOnthes.
All h1r1ng and tiring and general personnel "om.
Februa.r1 1982 - Present J. .. 'I.
OwDer ot Balloons 'b7 June .... ..
,
Educatlon
Andrews School for Girls, WUl0Q8hb1, Ohio 19.59-1961
WlcklU'te High School, Wlckl1t:t'e, Ohlo graclua tecl 1966
Ohlo Unlveralt;r, Athens, Ohio 1966-1961
~
JL11E-ANN FOX HENLE-Y
Page 2 of 2
Education Con~.
Lakela.nd COl'l1JllUni ty College, Kirtland, Ohio 197.5-1976
Case Western Reserve. University, Cleveland, Ohio 197.5-1976
Labor Relations and Collective Bargaining far
Small to Mediwn Municipalities
I.P.A. Training, Columbus, Ohio
Civil Service Responsibilities
Classification Plans
. Performance Evaluations
Collective Bargaining 1977
Job Analysis and Employee PertO%'Jll&nce Evaluations
T1me Management
Principles of Supervision
The Interview
Supervision and Communication
Municlp&l Management
Professional. Orga1nizations
International Personnel Ma.n&gement ASSOCiation, Ohio Chapter
Department of Administrative Services' Testing Councll
American Business Women's Association
Activities
Willoughby- Ohio Bicentennial CoJllJll1ttee - Pr~ Chairmn
Willoughby Soccer League - Treasurer, 1976
P.T.A. - Vice President, 1977-1919 and 1983-1984
Treasurer, 1982-198)
President, 1984-198.5
Boy Scouts of America, 1977-present
CubJIBster
Scout Leader Training statt
Day Ca.mp Director
Unit CoJll1ll1.ssioner
Troop ChairDan
Councll Advance..nt Colllll1. ttee
Ho"')bles
Salling, Skiing, Sewing, Cooking, Ca.mping and Gardening
}
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME 0<<-R1r Q. t2.:i:;:J<-d/h..'
- '';7(''/ ~L, ~ - ~t 331-1-5
OME ADDRESS (Street, City, Zip Code
~~fL-
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) :LL --
HOME PHONE(4tZ) ~) 7:5. :Z3~~ BUSINESS PHONE
. -71<.-'"'_
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
(Z, I ~1-{~ (2-'.'/ ';;6{(.iiikct
A. ~ l <...t
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
J1~
EDUCATIONAL QUALIFICATIONS 13. C, - ~~ . .
.
~- 6cL'~~d-~ 21 S 4~+'z.;rJLe~
e-i-4.{(V/~~l.Ac_aR~' ~ P-~
/
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
y} L~AJ IL/
-
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS -
~..uN-d) (l.. ?-t. S. A"'-t~4 B~ ~ ~ -5-:7.d.-t.d1
.u ~ : ~~ t1-ul tL-nf..., --zu~ V, <a.v /
, ~ LL ' t ~-te(..U~ ' ~ Cl4d.
'~ . ~
PLEASE ATTACH A BRIEF RESUME. . -<.<.~ ~ d./ #-:neJ ~ ~<..;
~ /,1 ~-<'-<2<--1l.~ ~ '. · ~~H.(!~
I HEREBY CERTIFY THAT ALL THE - ABOVE STATEME TS ARE TRUE, AND I AGREE AND~~lC~tA
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
Jet"'. ~' sf 11-19/
/ SIGN E DATE
( 4/90
\
.
SALLY J. ANTONELLI
721 Birdie Court
Delral" Beach. FL 33445
(407) 278-2366
OB,JECTI VE:
Tu serve on the Civil Service Board (If the City or
De 1 :r-ay Be':lch, Florida.
SDUCA.TION-LANGUAJJES:
B.A. in SocIology, University of Texas, 1961 ;
M.A. in Education, specializing in counseling,
Virginia Polytechnic Institute and State
UniveL3ity, 1976
Numerous personnel and examination courses with
the U.S. Government
Fluent in Spanish and near-fluent in Italian
RELEVANT EXPERIENCE:
Seven years in personnel work. with two years in the
private sector (Legal Secretaries. Inc. and Auto-Train Cor-
poration) and five years in the public sector as a Personnel
Staffing Specialist (V,S, Department of Energy and V.S. State
Department) . In addition, I completed an administrative study
for the U.S. Eniliassy to the Holy See in Rome, Italy, which
included personnel restructuring and computer integration.
RELEVANT CERTIFICATIONS:
During the five years that I spent with the Federal
Government, I was a certified examiner for the U.S. Office
of Personnel Management (formerly the U.S. Civil Service
Corrunission) and routinely tested, graded, qualified and
conferred ratings to applicants for Federal employment.
OTHER EXPERIENCE:
Social worker in Arizona, 1 year; High school teacher In
Honduras, 1 year; Administrative assistant in socio-economic
development agency in Honduras, 2 years; Middle school teacher
in Virginia, 2 years. In addition. I have served on a voluntary
basis on three crisis hotlines (7 years total) and on several
church-related social project committees (5 years total).
PERSONAL;
Born 10/07/39.. .Married.. .Lived in El Salvador for 2
years, Honduras for 4 years. and Italy for 4 years.. .Reside
permanently in Delray Beach, with intermittent trave I . mainly
in the summertime.. . Co-proprietor of The' Antonelli Collection,
dealing in European antique furniture.
;U
: ... . CONTINUATION SHEET FOF. ::, r Ar~UkhLJ run/\.', 11
, ;. ',', " '" rC'rm AD,....'("...f"~
.. ,. . ,; PERSONAL OUAlIFICA TlONS STATEMENT OM[; No 3:':',.<.":
J^,'~~RUCT'ONc;, F.: t r,... "'-J~' ,^'r,f'r :", '-"~<:'~1'\' 1 . ((,n,r ," ',' ::.,"~- ~)~ ['r1;:';:-M.,;:-,~-:t. ')r- (~"'''-,'',j'- t ,~,.-,
- , .... , En~-lose"wi;h your Slall'~~nl. . 'TypeW~'l(c ~r pron! CI(-;rl~ In da'rk ;~k - L' . '.. -' . - .
r":'_1 :L'-~,' ; .....' '''~',,,:'.'' I:' l"li:-,Ci1I: ,'\~.r;!,' 0.':\ t~_-.~ 1:. ~,i,M''''~'~I-1 ,:1\..,<; .-: ~ "-.Y~;: ~\'I",."
A'NTONELLI, SALLY J. ! 10-07-39 ._on..._
~r,J.-~.,' ,:;:-,,- :~,i~. (,'fo",r~:'-t ~ (r7~a~...:r<". "I,' ~""'lJ:, 1~(l[I\' It:,,;, " ,", ,'-',; C'I' '1 -:. ,1'.,-'r~,t' 1H.'~"d~~' ,;"q;'f"':'~' i"
: . U'.' S. Department of State i~.. 10-81 I', 04-83: 40
Recruitment Branch __ ISrl'.;, ,',. t.;,;1,/ iI,,,, '''" ":,, .
Recruitment Divis ion I r...l"""": ~ 28,245 1." ann. I r.l. Washlngton,
Was hing-ton, D. C. 20520 I E'o.r:: ~ 30,353 I!r'. ann. I S:'l" D. C. . _
f ,;,: .,k, I ,;... .::"-"",,, 11''''<1. 1l11lIll",'Otalt ".;:" ,'"c' r,,,.. Lt,". 1,''''\11:(,'', 1".,0"[,,., I NumD~' "no ',I,C o. emp,c\"":' ",". "","'
Personnel Staffin.,g....5.P-ec. Chandler P Roland. 703 ! 235-9369! v"tO 2 Prof.. 1 Cleric:al
P\:!~:(i'tl,,:--i:I::'..I', :>..d',:,:',.- ',",,::'t:..:J.!U:/:1...' ;;h..Oerf'll~t ~'I(t (.IVI/!.1"l"flll!J1,i:, "::H fj::I'-~t ;,id'" a:'.'~:;1:{l': I "'"enJ: It,.;qJ;,kl if,~'.:Hlc;
':::..' "'-' ".. "lS"..... f: Ii'" p,omr.::,' I Relocation to Italy
Federal Government I GS-212-12 10-05-81 'with husband
.
....!~.' ,:" '!. ;.,' iI ~ !"';:,,"-';:': .~'I.' !::~"'.,"i. ~,i...:i~ (f.<'(I,': ,~. 'II" r:':,:rI(!~lnl:,II~~lnh"I~ I,' r!
Although I was hired as Assistant Branch Chief of Special Recruitment in
October 1981, I also served as Acting Branch Chief from January 1982 until
my resignation. In this capacity, I was responsible for the overall direction
and supervision of the Branch's many special programs, including the Paid
Summer Intern Program, the Work-Study Intern Program, the Presidential
Management Intern Program, the Summer Clerical Program, the Christmas
Clerical Program, and the Veterans Readjustment Act and Vietnam Era
Veterans Programs. The Branch was also responsible for all advertising in
conjunction with the recruitment of both Foreign Service and Civil Service
secretaries, communicators, and other support staff. In addition to adminis-
tering the OPM certificate process, I supervised the activities of the Washington
Area Recruiter who actively recruited in the metro area and surrounding states
to attract Civil Service personnel to positions in Washington, D. C.
In my capacity as Acting Branch Chief, I reviewed and analyzed program
goals and administration to assure that proper actions were taken; assured
that actions were in agreement with Departmental and OPM regulations; deter-
mined eligibility of applicants; ensured that activities were carried out correctly
and within stated time frames; and submitted reports on the Branch's activities.
One of my major responsibilities was to serve as the Department of State's
Central Intern Coordinator. In this role, I brought together the various intern
coordinators in 23 bureaus and offices for the first time in many years. I deter-
mined available positions, apprised the bureaus of legal requirements, kept
lines of both written and oral communication open, acted as a central point of
information. for both applicants and bureaus, ensured that standard eligibility
requirements were maintained, and coordinated all the intern programs admin-
istered by the bureaus and by the central intern office. Also, I wrote a brochure
which is dis seminated nationwide on the various employment opportunities for
interns in the Department of State, and I regularly answered Congressional,
university, and public inquiries.
I travelled and actively rec;ruited personne~ for the Department as part of
the Division team, making group presentations, appearing on radio and TV, and
conducting individual inte rviews.
- I rl,"":!t~ t":;~,i \ ~ \: ~-.' r ,'.'d''";(:.~.: IA..t d,;' ",:,: .~., ;,-1\"
. ....,,'.._ ct";: rl~~It',~ (' t",;'!I'\t' :- ('rc,1~1~/tI~lr" '1.'!(".jV~ /Ir ,:(jU~ " "'~'l-lo\
U. S. Department of Energy f.c,!" 10-78 ], 10-81 i 40
Training and Central Employment Sd1d:\ (), f'rl''''''9' -----r",t (' t'>,' , :~r'\:
1000 Independence Avenue, S. W. Btgt'""ng S 15, 920 p~: ann.:='l\ Washlngton,
Washin on D. C. 20585 ~no,ng 523,236 w ann.lsld1t D. C.
ExaC! lllle 0' you. POSlliCn Nam~ 01 1/Tl/Tl~Olale ~l1~f' VI~O: Alea Coo' Telephone numbe: Numoe: anc .,ne o~ empio~ee, vOJ ,c~e'
Personnel Staffin 202 I 252-8767 VIS"2 Prof. 1 Clerical
I\tne 0' UUSlnes, 0: olgan,:atlon .manularluffng II F ede, aT ~e' voce c'vtllae, 0: md Ila:, selic; g' ao. 01 'an. anc calf 01 VOIIl rea5to!: lor 'Adnllna 10 led\'t
accountmg SOCIa' sefl'lces elc, las1 pi amotIon - - Career
Federal Government GS-2l2-ll/2 01-27 -81 Advancement
DeSCllpllOn 01 wo... .DeSCfftJe your speCifiC aul'i:, re,pon~'fJll/!'eS rlnl! dCCompl""nmenrs II! /IllS JoLt.
As Team Leader of the Clerical Recruitment Unit, I was responsible for:
Planning, developing, and carrying out a recruitment program to attract top-
quality clerical and secretarial personnel to the Washington headquarters of
the Department of Energy; coordinating three office representatives up to
grade GS-9 in a continuous recruitment effort; developing, evaluating, moni-
toring, and advising management on personnel staffing programs; identifying
staffing issues and problems and devising solutions to address them; evaluating
the effectiveness of employees; establishing and maintaining communications
with placement officers of high schools, colleges, and professional secretarial
organizations; preparing and disseminating recruitment literature; conducting
faculty seminars to stimulate interest in prospective applicants to pursue a
secretarial or clerical career with DOE. Duties also included testing, q\lali-
fying, and certifying applicants and placing personnel in accordance with Equal
Employment Opportunity guidelines and FEORP goals. Was team leader for
DOE recruiters at the Second Hispanic Recruitment Conference in San Juan,
Puerto Rico (December, 1980) covering all occupations. All of the above in-
cluded extensive publicity responsibilities.
- In January 1981, the work of the Clerical Recruitment Unit was curtailed',
f -,!
and I became the coordinator of the Employee Outplacement Program. The
I Program was designed to assist those employees who were affected by a reduc-
tion in force in the agency. I designed, wrote, and implemented an active out-
! placement program and coordinated the efforts of three team members. Duties
included: Direct-mail solicitations to more than 500 major private sector
employers and government agencies regarding their job opportunities; counseling
affected employees about their career progressions and possibilities; referring
employees affected by the reduction in force to job opportunities; coordinating
employer/employee contacts; and follow-up.
. Name and address 01 employer s organlzalton flnclude liP code II known, DaleS employed 'gIve montn and yea" Average nomoer 01 hOurs p~: wet
.
Northern Virginia Hotline From 6-78 To 6-80 3
P. o. Box 187 Salary or earnings Place of employmenl
1 Ar lington, V A 22210 Beginning S V 1 1:.,r City Arlington,
o untar
EndIng S per Slale Vireinia
Exacl tltlt' of you' pOSItron Name 0: Immelllate super vIsor Area Colle Telephone number Number anll klnll o! employees you super.
Hotline Listener Bobbie Kuehn 703 522-4460 VIsed ---
Kmll of boslness or organl!atlon ,manu/aC/Ullng If federal service cIvIlian or military selles grade or rank anddaleof Your reason for leaVing
accountmg SOCIal servIces e/c, lasl pr omolton Travel commitments
Community Service --- at regular employmen
DeSCllpllon 01 work /Descl/tJe yOu' speClllc dul,es reSlJOIIS,l/lfl/les anI! accomp/lsnmellts III tn/so/all,
ho line an anon mous tele hone listenin and
Provided a "sounding board" to callers. enablin~ them to
rlal"Hy pl"nhlprTul in an objective, non-judgmental and empathe.tic atmos-pher~~
R plII.pnnJlihilH:y, r.nrnrnnn. Ap.n8e, and a good sense of humor are c...Q1lLider~d tQ.._n_
_.. bp. np.ce8sary trait8 in an effective listener. ----
- - ---- - - -. - -- ---- ---_.- ._- -----
- - ------ -- - .----- - ----. ---...--....- --_..._-- I FOI dgellq use' sk//I cooes ere
- -- - - -- -- - - - . - " ~ .." "
f
/ CITY OF DELRAY BEACH
BOARD HEMBER APPLICATION
.~II/ 7:4 J)ECffSCH-
M HE ~ -3 5 >rY
l..) 907 ~ IJ-{j/p EL- .' 'K CRr)..~ -UELi?fJ'/ B E/}qf
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) I
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
I-frr --1YY~ -
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING K~/IYr:, CJ7>E AI fY) I N'D E7)
IJ. ~ --T-O ~ '7' 15 oJ(f ~ b
. (
LIST ALL CITY BOARDS ON WHICH YOU ARE~URR~LY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) OAf
EDUCATIONAL QUALIFICATIONS O/!/(J S7/J~ {j d-- U.OFCOJJIV'
HOLD.
GIVE YOUR PRESENT, OR HOST RECENT EMPLOYER, AND POSITION ~7 Jr~J~~~~
w IJ.. c" I ;V J7l 4 /J/ ~ ~ fl? ~ fr T --, I}. t- 5 IJ 5' 1: P U ~--c> A- ~
s.~P ~/7J1I<-;-/ 1(') -r- ~ 1'/12 P . .
DESCRIBE EXPERIENCES, SKILLS OR KNOWLE GE
THIS BOARD. , F r \
0a:."T'J tV I -h+- 'Pl1 'P'.. LI r _ E ~~A- T/ ~ fi \ - I
~t!etl&D OL(&)~ If~G A- 'PRI:S.ID&~ ar- t/tI"mE/V 'S
PLEASE ATTACH A B EF RESUME. C LUI3 C5 r L..4S vel2 -PCS - fu
5~{C.U GD I rf:.R- ~ 5$ye~~ 0/1/ L/lUR.EL{),I.t::s ~l>
I HEREBY CERTIFY T AT ALL THE ABOVE STATE NTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF HATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOIN'1'HENT I HAY
RECEIVE. S/1/ "o-zaL v(;,...a~
.~
~/r/Fr
, DATE
~
~
.,"
'"
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Robert P. Ferrell
NAME
Harbor House; 124 Marine Way H8; Delray Beach, FL 33483
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
Palm Beach County Sheriff's Office; 3228 Gun Club Road; West Palm Beach, FL 33406
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
--
471-2107
HOME PHONE BUSINESS PHONE
.
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Human Relations, PERC,
Civil Service (othersL-if needed)
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
Boynton Beach Community Relations Board 1978
EDUCATIONAL QUALIFICATIONS H.S. - also numerous &dvanced courses
in law enforcement - "p'resentlLattendingBarry-'Univers"rty to-rece-rV'eaegree
-----_.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
- ---_.-
--
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
media r~Lat~~~officer - SheIiff's Office. Palm Beach County
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. 14 years in law enforcement with work in community relations;
~~tired a~Lieutenant with Bov.pton Beach Police; Elected to 2 terms as Boynton
Beach City Commissioner - extensiv~~ai~i~and experience in communi!Y. relations
and law enforcement and management
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE. 3/rl ~ ~~-eI
~~
~ ?-!Lo
-- ---- - -------
/ SIGNATURE DATE
'.
LAW ENFORCEMENT HISTORY
Law Enforcement Awards: 1972 Police Officer of the Year.
Monroe County
1977 Police Officer of the Year.
Boynton Beach
Vietnam Service Medal
Chiefs Achievement Medal
10 Year Service Medal
Exceptional Duty Medal
Meritorious Service Medal
1978 Florida State Fraternal Order
of Police - Member of the year.
Other Related Activities: Served as President of Boynton Beach
Fraternal Order of Police for 10 years.
Served as President of Palm Beach
County Fraternal Order of Police for
2 years.
Served on Board of Directors of the
Florida State Fraternal Order of Police
for 3 years.
Lobbyist to the Florida Legislature
for 5 years in criminal justice
matters.
project Representative for the
Governor's HELP STOP CRIME program.
Contract Negotiator for the Boynton
Beach Police Department.
Assistant District Director for
Fraternal Order of Police District
4 (7 counties).
Member of the Florida Community
Relations Officers Association.
Member of Florida Law Enforcement
Public Information Officers Association
<,
GOVERNMENT EXPERIENCE
1976 - 1981: Member Boynton Beach community
Relations Board.
1976 - 1984: Lobbyist to Florida Legislature
for Fraternal Order of Police.
1976 - 1984: Member - Legislative Affairs Committee
for Fraternal Order of Police (state
of Florida). Also member of Candidate
screening Committee.
1984 - 1986: Elected to Boynton Beach City
commission. Appointed Vice Mayor by
other Commissioners.
1985 - 1987: Re-elected to Boynton Beach City
commission (resigned to run after 1
year due to district implementation.
Appointed Vice Mayor by other
Commissioners.
1984 - 1987: Member Board of Directors, South
Central Regional Wastewater Board.
Vice Chairman in 1984 and 1985.
Chairman of Board 1985.
1984 - 1985: Alt. Representative to Palm Beach
County Municipal League.
1984 - 1987: City Representative to South County
Council of Government.
1983 - 1985: Elected to Palm Beach County Democratic
Executive Committee.
1984 - 1987: Member, Florida League of cities Ethics
and Personnel Committee
1985: Representative to National League of
Cities.
1985 - 1986: Chairman of South County Council of
Government.
1986 - 1987: Re-elected without opposition as
Chairman of South County Council
of Government.
1986 - 1987: Representative on Palm Beach County
Metropolitan Planning Organization
"
1st Vice President
President
Boynton Beach American Legion Post 164
Vietnam Veterans of America
Member of Chamber of Commerce in:
Boynton Beach
De1ray Beach
Boca Raton
West Palm Beach
Lake Worth
Lantana
Jupiter-Tequesta
March of Dimes Jail & Bail
Cystic Fibrosis Drive
Committee Member, Palm Beach County Substance Abuse Program
(1988 - 1990)
Leukemia Society celebrity waiter
(1985 - 1989)
Committee Member, FORE Committee to raise funds for Substance Abuse
Chairman, Sheriff's Office Blood Bank Drives
PERSONAL
Date of Birth: June 8, 1946
Marital Status: Married to Tracee Alexander Ferrell
Child: One son - Robert Jr. Born - 6/14/68
'"
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
RETl~
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE BUSINESS PHONE ~E:
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~_ 5E 2'11 U
Coy~ ~~~~,
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) ~.'1,c.. MAYOKS E'MERSElie.y BR ltf~ To 11'1'
JtJ..S dFFJCE. ap. m:-7i~1OJI~'~e:., Jtt15... \4f'1~
EDUCATIONAL QUALIFICATIONS --H:..1..&tt SL;J.tI)I)!. (;. k fJRJlfJT$ · -
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
f
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER. AND POSITION
5-
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD CItJ~bF ft,I.,eE .q~nrF ~..S. ... ~~L H':Y.5,
~~.s
1'fI11JR.
PLEASE ATTACH A BRIEF RESUME. C^U ItJIDVE. vlVIJ.. ~Vlc:&)
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~,~J-J- ~ 1) 1f/'1}
SIG TURE DATE
4/90
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,
Murray Sohmer. 5~45
Netherland Ave., a !\:ew York
State Security Division officer,
has been promoted to the rank of
Chief, the highest rank in the
uniformed division.
:'';4' Mr. Sohmer has been with the . .
"
Security" Divison since 195fi, He
. . . ..
was instrumental in -crca ling a
'motor scooter patrol within the
. . N.Y. City. Police Department, for
,
. which he-:received a cash award
". . and letter of commt'nda,tion from
'. .
. i' 'Governor" Hockefeltcr.
- . ^ World Wnr 11 Air Force
:
. I . .
. I veteran, 1\lr. Sohmer is 5\ y<.'ars
" ',- old and is married to the former
.. Roslin Weiss. He and his wife
\ .,
. have lived in Riverdal(> for eight
years. Their tV/O chilctren Karen
:"nri Stpnhpn. are both married.
--
'"
. ~
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;'~Il:"r:"'.V Sohm-:-:I" -2- R~~pT"':~
ArJ the Scrf,C:lnt in ch::lrec of tho Hotor Scootor Un1 t. tra1ned ::l1d cuporv!~
eourox1mately 150 cfficcro in the U&o of motor zcootcr~. Introducad tho
use of the motor scooter for patrol duty on Stato facilities.
Received c. !;CH York Stato E~ploycca SUSf,estlon A~'!a.rd for th13 innovation.
This in~ovation was ,first usod six years prior to cotor scooter UDe by t.
~:ew York Ci ty Police Deportment. S CI"v.cl1 os .3 conGu1 t.:u1t to Inspector Sprc
in the !\~:.: Yorl( City Polico Dcpc.rtncnt, a.nd .;lSC13tcd him 1:1. the creat10n
of a motor scooter p~trol unit. It presently numbers 1.500 scoote~a.
In cddi tlon to rer,ulc.r dutic.::: ~t the r:=':1h=.tt.::L'"1 SJC2.'Co Ccrn~lex. \'[:15 Gcloctc
to bCi"1.n the l:c~'l York St~tc Safety Offlccr3 Tr3.1ni?'..:.'"'; :',~,"d~=.y on St:ltcn
ISlcnd. AD chlef in3tructor ~d coordin~tor fo~ the Ac~dc~. desiGned tr
\ cour:.o of study for the training of 900 State Security Officers.
101)7 - 196? A3~ist~l1f, Commissioner E
Institution Pollcem~n 270 Broa.d~';~y
f State Excapo Unit (Plainclothes) NC~'l York City
I
I One of three officers assigned to u special apprehension tC~Q to cover
th~ entire City of NON York. Our job WOoD to investic;ato and apprehend (11
dan~erous escaped mental patients from tho Stato of New York who waa con-
cidered da~erous to himself or others, and return him {or her} to tho
nearest place of detention. Our record for five yonra was 87% nrro~t ~
return.
~
Prior to 19;7
In oddi tion to being 0. Plainclothes Security Officer ,.,.i th the United Natl
employm~nt history inoludes sorvico w1th P1nkorton's as an undercover
operative.
F.DTJCATIOU
1. !:ei't York City Safety Advisor to 11s.yor Bear.:c - 1973 to 1976.
2. International Association Chiefs of Police of Aocr1ca - 1973
3. Internation~l Association of Narcotics Enforcement Offlcero - 1973
4. Mew York State Fire Marshall - 1970 - 1973
I 5. ~!e"1 York City Police Academy Ccrtificc.te for completion of a course in
Scientific nescnrch; latent prints - 197~
6. New York City Police Academy. a CIC coursa; plainclothes - 1972
7. Fire Superior Officer's Diplo~o., 1969, 'from tho Now ~ork State Dept.
or Mental Hygiene, training department. . f
8. Certificate, No,., York Stato Safety Train1ng Acadomy Superv1sor's
certificate - 1968 ~
9. Office of the Governor, Now Yorl< State F1re Course . f1ramnnsh1p,
cc~tir1cetc of completion - 1968
10.Instructo~s Certificato, New York State Educat10n Tra1ning Department
(safety and security) - 1967 '
ll.Theodore Roosevelt H1gh School, New ~ork City, N.Y.
PF.RSONAL DATA: -
A~c: 66; Marital Status: H~rr1ed; 2 children; Mil1tary Statug: Honornblo
D1schar~e. M.P.USAF; Amenable to travol; Personal and bus1noss roferences
available upon reque~t.
'.
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SGT. MURRAY SOHMER, in charge of a New York State Suety Division
Motor Scooter Patrol
Here is what he has to say about his Lambretta lSO/Special and how it helps
hiIn in the performance o{ his duties:
liMy Lan1bretta Motor Scooter, which I use as a New York State Law Enforce-
ment offic'er, helps me cover my assigned beat much faster than if I were on
foot or in a patrol car. It is a most dependable piece of equipment, in many
cases I can jwnp sidewalks, ride over grass, ride between buildings and is
excellent in the control of parking problems. II
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FEBRUARY 1968_ Safety Officers' Hold Training Session i
Cla.ss.cs of the first safety olfl(:~rs . tion of a permanent lrainir.g andl."nlv, l
training academy in the country. to be TrainC'CS attendro all day cl.~ in
op<'ralcd b)" the r'\ew York State De- poli<:c. fire and s.afcty work.. as ~ll as r
p~r1ment of ~'enlal Hygiene, began in [tnt aid and public rl.'laliorL~, .
.
~em~r. Cla'i..~C5 held at the Instructors fOt" the lrainin!!: ar.1Jemy .
are ;
Slaten Island Institute for Basic Re- were from the cil)" Polil't' ^cadem~'. the ~
S('arch in Mental Hetardation. fire trainin~ S('l"\icc and the Depart-
Thirly-one safet)" OfTll't'rs from state ment of MenIal Hygiene. t
imlilutions completed the two- wl't'k Ra)'mond KehOl.' chid <"llet)" olT"yr !
COli rse in Dl"l~mber. The fIrst S<.'S.Sion. oi Manhattan Slate Hospital ,
I~ c'uru- ~
a pilot program. was held in anlicipa- m.1nding ollica- of the nl'W academy. t
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~ ",~ ~ POST OFFICE BOX 2905
DA VID H. BLUDWORTH ' ,
~ ," ~ WEST PALM BEACH. FL 33.02
" HI \ I I'OM,.I Y ~~1
(305) 820-2.60
, . .
OffICE OF THE
STATE ATTORNEY
I-WI H:~ I'll JUllIClAL C1KCLlI r (J~ HUKIllA
IN \~Ill-UK PALM HLAl Ii C()U~"Y
November 3, 1987
Mr. M..1rray SohIrer
2345 N.W. 14th Street
Delray Beach, FL 33445
Dear Nr. Sohmer:
Thank you very much for your note and the resurre that you attached.
You certainly have an impressive resurre and credentials that few have or
can obtain in law enforcerrent work.
I \.,rill review your offer to be a voluntary investigator with the O1ief
Investigator and others so that we might be able to make SClle suggestions
to you for assistance to us.
Thank you very much for your
OHB/llk
cc: W. J. (Buz) Patterson
""
-.-
J. . .
CITY OF DELRAY BEACH
. BOARD MEMBER APPLICATION
3-ftM ~O R Tt\f\ J
N/350-t I-Fib- ~/:'t ~t hllCH FL. "331f-4-S-
HOME STREET ADDRESS, CITY, ZIP (LE AL
PRINC~J~ ~USIN~~~i1l~J~rg~ss, CITY, ZIP ~.W.R~ P S!1 i 1" ff.t.14 u I>ep JJ4..L E.
Jf...;j-4?t' f'YIf -
dl'J~- :r4-~--11')'
HeME PHONE BUSINESS PHONE
ON WHAT BOA~ ARF;. YOU ~TERE~D IN.JlIERVING ~"~e..Mt!rrr( e.tt:.B )
c:.; I Y-Lt... ~ VI Co II- DI4R. ~ .[ ~-oM.n f'AEJUic.. a. '''RIt V (~A.)
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENT Y SERVING OR HAVE PREVIOUSLY
SERVED (P).ease inJ/Ude dates) ~D~ tJ R:rlt/.s Ii-
84I1l.rt1~"r'~ Q e>I'\M ~ .s.. ,
ED~~TIffJtL fflALIFICATIONS HI ~J.. )4!"JHo.~Wf.r MDR.lt \ s ~ -if1/,-t,
. p-) &.w '1 I) ~ 1<" :. UfllJ..fll'l tDri ~Ml.. ~ /jo ll.ltS
L~! ANY RELATED PROFESSIONAL CERTIFiCATIONS AND LICENSES WHICH YOU HOLD.
,Q a ~ +C>~ II ~. J::..t:.~_tl~~_':L H4 T" ~K
------
GIVE ~OUR P':lSENT. OR HOST RECQNT EHPLOYER'j) AND POSITIONg/ILfS r\tllflt:..-R
.w- ~_lL SI1i'#flII'la. 91 C I,L el .,i()L p.JL"~~~-p~L<{. J FL .1!'~S'
ON
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE. 3/'1/ ALLU{ ~.Ii-cI
~~R~---
. ;. ~-/f!lo ______
DATE
~ ..~
'"
",
'/
..,.'
CITY OF DELRAY BEACH
I I BOARD ~EMBER APPLICATION
. NAME H-ot-f<e..L - J . Wr1tti!A/'-/
+SJ Sw. yf~ ~~ ~ ~ 3J14-S
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENC )
jYorlL
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE fo1- VI g -0/51 V BCSINESS PHONE tI oHL
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
~ ~ <] A . ) C 'S P.J ; t e h ~l ; y' fc n d
(sn,crQ,l) Dull . ~d ere
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOCSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS ell} J..-Vf:-&-f- C-t-A D uA Tf:- -
B.$'. 11'1 l1f/HESJ A-vf1/HJJTR-moH- /1A.Jof.- I/'-I
. I~UHT7";G- .
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD .
Lu" FI E-Q PI! Bwc- ~vr:1IE.ti-y- < NEt..! ~i I
GI E YOUR PRESENT, OR MOrT RECENT EMPLOYER, ~~D POSITION
rs 5 Co M (JJ.i Lu) "./ ~5-;0 1/ /'I~ -PA~-rrI
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD A-t--H oS--r- ~ 'i f:-A f-S 0 F- f u B '-I c- b () tfTn/6--
I H t1 AHj Af-:E-A-S oF- r flI) UfTf-y. (,{ ~$) ITTorl
/ W s ~ f-HAM oF- ~ Bv A-iD c:lF- Ad> lJ.5'T?1E";-r-
PLEASJ tf..TTAC'H1' f/at;t~ . E.),j -.J 4-SEi P-.. c,)~L f..AU
-J~ IS" or- t1 tJC-#- {-;; A-+>.s;
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, ~~D I AGREE ~~D
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
.~
tJ~, /qC(o
S ATURE DATE
4/90
'"
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME j)oAJ IJL I)
7 J '/.- t.L L WI 't/l Z.33t./t,Lb
HOME ADDRESS (Street, City, Zip Cod /]~ 06
;f>ff//I'2GD
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHON&o?)St;t~ - ??~7 BUSINESS PHONE JJ,-e V/ L t: :<rO~ r?JJ
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~/tI/G
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
~AlE ~ /'
EDUCATIONAL QUALIFICATIONS j6-c /i7//lC//6~
SUt4c LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
:lJG~ AYE /'
J~G ~LL3 tJMc ~/'7/1U16!J
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
t~~"7"/f>l9t /TL.,/'p fJv8t,,/C )0.11oobS. tie&- ~/A/r /QtJL.-~."t/}"
., , /
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD Q /'
fi~rs-ASe 5Gb ~Gju~(i n'/T'/J0r1G.!J.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
fr~~ ~/PC/;l/ /2// / ~ ~ /
DATE
SIGNATU 4/90
,"
'"
DONALD ZIM~RMAN
7344 Cluni~ Place
Delray Beach, F:" 33446
(407) 4 \) 6 - " P 2 7
GENERAL BACKGROUND
Over thirty-three years of e',perience in thE: f~eld of publiC
schoo 1 educa tic::; the last sev~nteen years as the Vice ?rincipa 1
of a senior high scnool wit has t u den t pop u 1 a t. i (, n 0 f :=:;. g h t. e e n -
hundr.ed, a professional statf o~ one-hundrer/ -thir-:y and a
supporting staff of twenty-five.
PROFESSIONAL EXPERI~
9/89 to In-=eriiTl Assistant Principal, Jame3 ~v i. '. son 'i 0 u ;', q
: 2 /8 9 Juni0r High SchooL, Bay;:,c:t, "T "
.._ .J. .
I as sUlned this position .i.11 order T ,. provic.:e administrative
- \,
le.:\dership until the jistr: ct could fill the rosition with a
sui t,,;ble ;,ermaneni: candidate
8/7J to V Lce Principa 1, (en c.ra 1 Islip Senio~ H.gh Sc~~ol,
3/89 Central lslip, :"JY.
~i Y r (. s po n sib i ~ it i e s i n c 1. ~ d P. C ii 1 1 phase!', invo1.vl':J in the
admi.nistra.,:ion and sUlJervision OJ: 'i seconaary sc..:\~oo 1 : teachE:r
observati.on, budge:t preparatio~ a:.d mon 1. tori !:g, schedul in'..J,
security, student di'~cipl ine, trdnsportati(,;,\, cu ...r icul urn re" iew
and development, SiJp(.cvision or custodio 1, cl~rical and =a~et~ria
staff.
11/74 ;.-, e r v e d () n Middle ,-\ t 1 an tic St.ates E:valuat:on
(ommittee.
I WdS the Cl-:airman of seueral :<:ey commi tt~es invclved in the
evaluation of a Senior High Scho.;l in Dutchess County, NY.
9/72 to Instructor of !nservice Cour~es for Tea("hers.
6/75
I taught a series of c:>urses for the Board of Cooperative
Educational ServicE:s, Dowl ing College, Oakdale, NY.
9/70 to Instructional Coordinator of lndustrial Arts, Central
8/73 Islip Junior and Senior High Schools.
This position involved responsibilities in supervision and
administration of the Industrial Arts program in grades seven
through twe 1 ve. During this period, I was also responsible for
teaching two senior hiqh school classes each semester.
'.
'"
Donald Zimmerman
page two
PROFESSIONAL EXPERIENCE (continued)
9/62 to Chairma'1 of Industrial Arts, Central lslip Jl.nior
6/70 High SC:-IOO ~ , --:-2r.~ral i;:; i .q), ~l.
My responsibilities during '_nis period included supervision of
personr.e l, budget preparation, purchasing and c:.:.rriculum
deve 1 opr:en t.
9/56 to Teacher of Industria -L Arts, Central Islip JtJnior-
6/70 Senior rliqh School, Cen-... ra 1 Islip, NY.
9/55 to '":"eacl-Jer of I n d L: S ~_ ria 1 Arts, Dove r ,) 1 ,. ins Jun1:)r-
61 :::,6 Senior High Scho0l, Dove:: ?:ains, NY.
EDUCA'rION
New York Univtrsity, Hcfstra Univers_i ty, Colorado State
Uni\er~~ty-1968 through 19/1: Ad vanced s tl.die.5 i n e d '...: cat i .:>n a 1
administr:'ltion, supervision ~nd Vocational Educat:or..
City Co LIege of ~~ew York: ~i~~ ;ter of Scienc.! 1n r.du:::.:&tion-
Indl' 3trial Ar+ :,) 1963.
City College of i~ew York: Bac:le 1 or of Scien.:.:e in Educ'ition-
Ir ,iustri] 1 Arts 195').
BrooklY1 Technical High .::lchoo 1, Brook 1 yn, NY: Academic D1plom-=,
1951.
(~ERTIFlr.AT:'.JN
-. .-.-
Pe~manent - State of New york:
Chief Publ~c School Admiaistrator
Scr.~ol Administrator and Supervisor
Chairman of Industrial Arts
Teacher of Industrial Arts
REFERENCES .
Will be furnished upon request.
"
9
--------
II RESOLUTION NO. 23-91
I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
,I DELRAY BEACH, FLORIDA, TRANSMITTING ITS COMMENTS ON
, THE PROPOSED COUNTYWIDE FUTURE LAND USE ELEMENT WHICH
I WAS SUBMITTED TO ALL MUNICIPALITIES FOR A FORTY-FIVE
I DAY REVIEW AND COMMENT PERIOD PURSUANT TO SECTION 7.8
,
I OF THE COUNTY CHARTER~ EXPRESSING, ONCE AGAIN, ITS
iI
i FULL ENDORSEMENT OF THE MUNICIPAL LEAGUE'S POSITION
i WITH REGARD TO THIS COUNTYWIDE FUTURE LAND USE
ELEMENT~ STRONGLY EXPRESSING ITS CONCERN THAT THE
COUNTYWIDE PLANNING COUNCIL HAS GREATLY EXCEEDED ITS
JURISDICTION AS SET FORTH IN ARTICLE VII OF THE PALM
BEACH COUNTY CHARTER BY INDEPENDENTLY PREPARING DRAFT
POLICIES DEALING WITH ELEMENTS OUTSIDE THE SCOPE OF A
"LAND USE ELEMENT.~ REQUESTING THE PLANNING COUNCIL TO
REVISE THE CFLUE IN ACCORDANCE WITH THE SUGGESTIONS
AND ANALYSIS TRANSMITTED HEREWITH~ REQUESTING SUPPORT
FROM EACH AND EVERY OTHER MUNICIPALITY WITHIN PALM
BEACH COUNTY ON THIS CRITICAL ISSUE~ PROVIDING THAT
THIS RESOLUTION BE SENT TO THE PALM BEACH COUNTYWIDE
PLANNING COUNCIL, THE PALM BEACH COUNTY MUNICIPAL
LEAGUE AND THE BOARD OF COUNTY COMMISSIONERS OF PALM
BEACH COUNTY ~ PROVIDING AN EFFECTIVE DATE~ AND FOR
OTHER PURPOSES.
WHEREAS, in accordance with Article VII of the Palm Be ach
County Charter, the Palm Beach Countywide Planning Council has prepared
a proposed Countywide Land Use Element which was transmitted to all
local governments on February 1, 1991 for a forty-five (45) day review
and comment period~ and,
WHEREAS, Article VII of the Palm Beach County Charter
authorizes the Countywide Planning Council to prepare a Future Land Use
Element and not an entire Countywide Comprehensive Plan~ and,
WHEREAS, this proposed Countywide Future Land Use Element
contains a significant amount of material which far exceeds the
Countywide Planning Council's jurisdiction in accordance with the
Charter; and,
WHEREAS, each municipality has been requested to submit its
analysis and comments to the Planning Council on or before March 20,
1991; and,
WHEREAS, the City Commission of the City of Delray Beach
desires to clearly indicate to the Planning Council that its analysis of
this Countywide Future Lane use Element represents the viewpoint of all
the citizens of its municipality through the adoption of this Resolution
by its elected officials,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That the City Commission of the City of Delray
Beach hereby transmits its comments on the proposed Countywide Future
Land Use Element submitted to the City by the Planning Council for
review and comment on or about February 1, 1991 ; which comments are
attached to this Resolution as Exhibit A.
I
.
I
I Section 2. That the City Commission of the City of Delray
I Beach fully supports the Palm Be ach County Municipal League, Inc., 's
position that the Palm Beach Countywide Planning Council only has
jurisdiction over the Fu ture Land Use Element and that all policies
dealing with Transportation, Agriculture, Coastal Management, Education,
Historic Preservation, Public Services, Water, Environmental,
i Annexation, Housing and any other element should be deleted as beyond
,I the jurisdiction of the Council in accordance with the analysis attached
hereto as Exhibit A.
I
I Section 3. That the City Commission of the City of De lray
Beach hereby reserves all rights to question any and all policies,
I narrative, performance standards, procedural rules, etc. , promulgated by
:1 the Planning Council now and in the future.
Section 4. That the City Commission of the City of Delray
Beach requests that each and every other municipality in Palm Beach
County support this position and adopt a similar resolution.
Section 5. That the City Clerk is hereby directed to submit
copies of this Resolution to the Palm Beach Countywide Planning Council,
the Palm Beach County Municipal League and to the Board of County
Commissioners of Palm Beach County.
! Section 6. That this Resolution shall take effect immediately
I upon its passage.
PASSED AND ADOPTED in regular session on this the 26th day of
I March, 1991.
I ~~
ATTEST:
(] L N:n t/l!,l'_}li I 'r J./rlJt:;
Cl. y Clerk
- 2 - Res. No. 23-91
.
I
d"
EXHIBIT "A"
REVIEW COMMENTS REGARDING THE PROPOSED COUNTYWIDE FUTURE LAND USE
ELEMENT AS PREPARED BY THE COUNTYWIDE PLANNING COUNCIL
Prepared by: David J. Kovacs, Director
Department of Planning and Zoning
City of Delray Beach
Review and Comment by: Planning and Zoning Board as the municipal
Local Planning Agency (LPA)
* March 18, 1991
Review and Adoption by: City Commission as the Governing Body
City of Delray Beach - * March 26, 1991
( * ) indicates tentative consideration date
Reference Document: Countywide Future Land Use Element (CFLUE)
pages i thru vi, pages 7 through 57, and appendices included
in the bound document.
page iii - change Dan Richter to Wm. F. Andrews
page 8 B. DEVELOPMENT OF THE COUNTYWIDE FUTURE LAND USE ELEMENT
The third paragraph on page 8 concludes that the CFLUE is "a
composite of local government plans " While this
. . . .
conclusion may be accurate with respect to Land Use Map
designations, it is not accurate with respect to policies.
This paragraph should be revised to clearly distinguil;Jh
between the processes use for the Map and for the policy
statements.
page 11 A. MAPPED INTERJURISDICTIONAL INCOMPATIBILITIES
A situation regarding map intergovernmental incompatibilities
(iis) which has heretofore not been addressed is that which
occurs upon annexations. The ii process looked only at
adjacent land uses between municipalities. Upon annexation,
the municipal boundary shifts. An adjacent land use situation
involving a ii may now occur -- it may have previously existed
but was not recognized due to it being "within" a single
jurisdiction. This situation may need to be addressed in the
CFLUE.
Also, the list of incompatibilities is provided in an
appendix. Direction is given that the CWPC will monitor
compliance with "future actions". It is suggested that the
list of incompatibilities be reduced by eliminating those
iis which are created by the lack of a municipality taking a
definitive action at this point in time i.e., (see page B5) a
respondent's "No incompatibility at this time" (my emphasis)
should not warrant further monitoring by the CWPC.
".
P&Z Staff Report
Proposed Countywide Future Land Use Element As Prepared By The
Countywide Planning Council
Page 2
page 15 Table 2
The information contained in this Table reo "Name of Map
Overlay" is incorrect with respect to the City of Delray Beach.
Also refer to Appendix C reo the following:
C6 CRA Areas - the CRA Plan is not a part of the City's
Future Land Use Map.
C7 County Enclaves - this map showed previous conditions.
The enclaves have since been annexed. Only two areas are
depicted as such on the City's Future Land Use Map. The
City's Future Land Use Map, however, does show
designations upon land within its urban service area
which is presently under County land use jurisdiction.
C8 The map shown is from a background document and is not a
part of the adopted map series. The Future Land Use Map
does show "redevelopment areas" but they are not as shown
on C8.
The City does have a "Large Scale Mixed Use" category and a
"Mixed Use" category. Both are shown on the City's Future Land
Use Map.
page 17 Common Classification System:
This definition refers to representing the "maximum" density.
Some classifications also refer to "minimum" densities. The
inclusion of a "minimum" may create a ii. e.g., a designation
of 0-1 may be inconsistent with a a designation of 3.5-5 even
though each is less than 5 d.u. per acre. The existence of
"minimums" was not addressed when iis were assessed. Also see
page 26.
page 18 Concurrent:
This definition is more restrictive than that allowed by DCA.
So that there is not a problem in interpretation, or
application, of a more restrictive use reference should be
made to the DCA rule and/or as defined in local plans.
page 23 Urban Service Area:
This definition is inadequate. As written, would an area which
received service at a greater than minimum level of service not
be an urban service area? The definition should refer to a
geographically delineated area.
""
P&Z Staff Report
Proposed Countywide Future Land Use Element As Prepared By The
Countywide Planning Council
Page 3
page 23 Urban Sprawl:
Given the controversy as to what constitutes "urban sprawl", I
suggest that a definition not be included. In the alternative,
it should be identified as a "term" or "concept" with reference
to the DCA Technical Memo on the subject.
page 25 Policy 1.1.3
"reviewing the land use planning of all local governments.. "
involves a very general concept . . . does it mean zoning, site
plan approvals, capital improvement programming? A better
choice of words is necessary.
page 25 Policy 1.1.5
See previous comment reo page 11
page 27 Policy 1.2.5
This is a "pass through" policy. This and similar "pass
through" policies should be grouped together; thus, providing
easier application of the CFLUE document.
page 29 Policy 1.3.7
"shall prevail" - as written, this policy could mean that if
one part of a Plan is not certified then the entire Plan or
Element shall be superseded by the CFLUE. I don't believe
this situation was intended, but that only the inconsistent
policy would be prevailed upon. The policy should be so
rewritten.
page 29 Policy 1.4.3
"availability of land suitable for utility facilities" is
handled as a pass-through. Some facilities such as landfills
and water wellfields which have multi jurisdictional impacts
may require more activity from the CWPC. A clear definition of
the role of the CWPC in such situations is needed.
page 30 Policy 1.5.5
The phrase "to govern" is inappropriate. Actually, the policy
is inappropriate. It represents an administrative activity of
the CWPC. It is not necessary to have it stated as a policy in
a CFLUE. Further, it raises an unwarranted "flag".
'"
,"
P&Z Staff Report
Proposed Countywide Future Land Use Element As Prepared By The
Countywide Planning Council
Page 4
page 30 Policy 1.7.2
This is a rather weak statement as to handling "urban sprawl".
This is a subject wherein the CWPC should examine the specific
policies set forth in individual local plans, seek out any iis,
and take a position if one is warranted. If not warranted,
then make a statement to that effect.
page 31 Policy 1. 7 . 4
This policy is actually a way of addressing "urban sprawl". As
such it is contrary to Policy 1.7.2. Also, it is inappropriate
to single out "traditional town planning" as a "growth
management tool". At best, such planning may result in
"leapfrog urban sprawl" (DCA) .
page 31 Policy 1.7.5
This policy should end after the word "redevelopment". The
phrase "shall favor development" is inappropriate. Is this
meant to say that if there is a ii created during a plan
amendment proceeding and it is the result of one unit of
government seeking a high density or intensity use, that the
CWPC "shall favor development" created by the higher
intensity?
page 31 Policy 1.7.6
If there is not "broad citizen participation" is it the CWPC's
position that they will not support downtown centers? This
policy is poorly written.
page 31 Policy 1.7.8
Requiring a R/UDAT by having an adopted policy is
inappropriate. This is an administrative item. What is the
real subject of this policy?
page 31 Policy 1. 7 . 9
This policy should be deleted or significantly redrafted.
First, the reference to a R/UOAT should be deleted.
"Establishing guidelines for determining where urban growth
is appropriate" seems inappropriate for the CWPC given its
position in Policy 1.7.2. Again, this is an item for the CWPC
work program. It does not need to be included in the CFLUE as a
"policy".
,"
P&Z Staff Report
Proposed Countywide Future Land Use Element As Prepared By The
Countywide Planning Council
Page 5
page 32 Objective 2.1
The CWPC cannot set a L.O.S.. The CFLUE should not set a
L.O.S. for traffic. The wording of this Objective seems
misdirected. It would be more appropriate to focus upon a
ii between the Countywide Traffic Performance Standards
Ordinance (hence the County's Traffic Element) and land use
planning and desired Traffic L.O.S. in municipal plans.
page 33 GOAL 3
This GOAL and its supporting policies seems inappropriate for
the CFLUE. Again, this topic - affordable housing - may best
be addressed by the CWPC by seeing how each municipality has
addressed the item and identifying iis - then establishing a
policy which resolves the iis.
page 34 Policy 4.1.5
Use of the word "each" when referring to local governments
seems inappropriate. Consideration of "appropriate" may be
more appropriate.
page 35 Policy 5.2.1
Policies like this do not seem to have a basis in the CFLUE.
How will the CWPC involve itself in the implementation and/or
follow through of the policy? The CWPC should not even know
when a local government is pursuing construction of a jetty
unless it first involves an amendment to a local plan.
General Comment on Remaining Policies
Those remaining policies which do not apply to 9J5 items nor to
land use considerations seem to be in appropriate for inclusion
in the CFLUE. It seems more appropriate to have a separate
document of CWPC "encourage" policy statements and a separate
"work program". The scope of these policies goes beyond the
normal content of a Land Use Element. Finally, many of the
subject areas such as "urban sprawl", "annexation", "affordable
housing" should be addressed on an topic-by-topic basis with
reference to the contents of local plans. lIs should be
identified and mitigating policies or programs then adopted.
Thus, as presented I recommend rejection of the policies
contained in the CFLUE.
dH
'"
P&Z Staff Report
Proposed Countywide Future Land Use Element As Prepared By The
Countywide Planning Council
Page 6
page 48 PERFORMANCE STANDARDS
B2 Does a standard of not creating any new iis conflict with other
policies which call for "favoring development in urban service
areas", directing land uses, etc.? How will the CWPC handle having
to reject a land use amendment which further desires policies but
would also create a ii? Perhaps, a weighing of policies against
this standard is appropriate just as the Growth Management Act
allows for a weighing of policies which are being met against those
with which a proposed action conflicts.
B3 Is not the phrase "not to exceed" better than "equal"?
BS This standard could conflict with B2. When two standards
conflict ... what happens?
B6 This is not a performance standard. It assumes that
development review and permitting processes are not streamlined
in some municipalities. This "standard" reads like a "policy".
B11 These "standards" dealing with Natural Resources of
Multijurisdictional Significance seem to be an imposition of
Countywide standards which are best accommodated through the
referendum process available to home rule Counties. This
performance standard should be eliminated.
ASSESSMENT AND CONCLUSION
I cannot support endorsement of the Draft CFLUE. Besides
some incorrect data, some inappropriate policies, and the need to
rewrite several policies, the document is not clear in
differentiating between what the CFLUE is and what CWPC policies
and administrative work items are.
,.
Addendum to Exhibit "A" of Resolution No. 23-91
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: 0\ HARDEN, CITY MANAGER
( l, , - { j ~_, .
,( '- ~v ~ """~\. c
FROM: ~'--DAv:rD - J . OVAC, f>If(~R
DEPARTMENT OF PLANNING AND ZONING
DATE: MARCH 25, 1991
SUBJECT: ADDITIONAL CONSIDERATION RE PBCWPC - CFLUE
OBJECTION TO PROCEDURAL RULE PROPOSAL
In addition to the previously provided material regarding Agenda
Item 9 - 0 (meeting of March 26th), I also request that the City
Commission take a formal action opposing the following aspect of
the proposed procedural rules.
IV. APPLICATIONS FOR EXCEPTIONS TO THE ADOPTED LEVEL OF SERVICE
E. Application and Consultant Fees
1. There will be a fixed $250.00 fee for processinrr
the application. This amount is fifty '01"''''-
the estimated cost to the Planninrr ~
2. The Planning Couro~. ~
services ('1-1= /\/5)~
rev'; -
The Add Of?S ~ ,}) __
esti
~
requ G
will ' (I '
suffi u- (Iff &~~
These to
indiv~ ~-.~~
the cc 7. 0, ~f,
the ,
expedi,
remaini
in full .. Cl.1.m
Beach C<.
H.
Page 2 of Addendum to Exhibit "A" of Resolution No. 23-91
To: David Harden, City Manager
Re: Additional Consideration Re PBCWPC - CFLUE
Objection To Procedural Rule Proposal
Page 2
Basis for Opposition:
Re: E.l The applicant is a local unit of government. Past
practice has been for units of government to exempt one another
from processing fees which are associated with ad valorem
expendi tures. We have waived fees on requests of Palm Beach
County. It is not appropriate to charge local governments for
the processing of a GAE application since, that entity's
residents are already supporting the CWPC through ad valorem
revenues.
Re: E. 2 The requirement for a local unit of government to
reimburse CWPC consultants is not appropriate. There are a few
factors at play here. They include:
A. The applicant (City) has retained a traffic consultant
to prepare the work and the County Engineering Department
has traffic expertise to review the work. While the concept
of having an "independent" consultant available to assist
the CWPC Staff in evaluation and potential conflict
resolution, that consultant should be a normal recurring
expense of the CWPC just as the CWPC staff is.
B. If the CWPC is directly responsible for the payment of
its support consulting services, it may be more conservative
in the use of that service than would occur if the service
were a "pass-through" cost.
Request Action:
By motion: That the Delray Beach City Commission opposes the
imposition of application and consultant fees upon local units of
government who must apply for a GAE designation.
c: Alison McGregor-Harty, City Clerk
DJK/#77/CCSUP.TXT
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Post-If" brand · " :iansm
To~--.'- - .,~_._-'-' .
CO. ATTACHMEt-oT "A"
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NO . 12 - 91
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A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF JUPITER, FLORIDA, TRANSMITTING ITS COMMENTS
ON THE PROPOSED COUNTYWIDE FUTURE LAND US E
ELEMENT WHICH 'WAS SUBMITTED TO ALL
MUNICIPALITIES FOR A FORTY-FIVE DAY REVIEW AND
COMMENT PERIOD PURSUANT TO SECTION 7.8 OF THE
COUNTY CHARTER; EXPRESSING, ONCE AGAIN, ITS
FULL ENDORSEMENT OF THE MUNICIPAL LEAGUE'S
POSITION WITH REGARD TO THIS COUNTYWIDE FUTURE
LAND USE ELEMENT; STRONGLY EXPRESSING ITS
CONCERN THAT THE COUNTYWIDE PLANNING COUNCIL
HAS GREATLY EXCEEDED ITS JURISDICTION AS SET
FORTH IN ARTICLE VII OF THE PALM BEACH COUNTY
CHARTER BY INDEPENpENTLY PREPARING DRAFT
POLICIES DEALING WITH ELEMENTS OUTSIDE THE
- -- SCOPE OF A "LAND USE ELEMENT"; REQUESTING THE
PLANNING COUNCIL TO REVISE THE CFLUE IN
~ ACCORDANCE WITH THE ~UGGESTIONS AND ANALYSIS
I
TRANSMITTED HEREWITH; REQUESTING SUPPORT FROM
, EACH AND EVERY OTHER MUNICIPALITY WITHIN PALM
BEACH COUNTY ON THIS CRITICAL ISSUE; PROVIDING
THAT THIS RESOLUTION BE SENT TO THE PALM BEACH
COUNTYWIDE PLANNING COUNCIL, THE PALM BEACH
COUNTY MUNICIPAL LEAGUE AND THE BOARD OF
COUNTY COMMISS lONERS OF PALM BEACH COUNTY ;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, in accordance with Article VII of the Palm Beach
,
CO~ n t y Charter, the Palm Beach Countywide Planning Council has
pr~pared a proposed CountY\'{ide Land Use Element which '-'as
tr,nBmltted to all local goverrunents on February 1, 1991 tor a
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fotty-five (45) day review and ~onunent period; and
I WHEREAS, Article VI I Of the Palm Beach County Charter
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authorizes the countywide Plannlpg Council to prepare a Future L~nd
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US~ Element and not an entire Countywide Comprehensive Plan; and
,
; WHEREAS, this proposed Countywide Future Land Use Element
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caritalns a signifIcant amount of material whIch far exceeds the
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Cc>untywide Planning Council's jurisdiction In accordance with the
Cha rt pr i and
WHEREAS, each municipality has been requested to submit
its analysis and comments to the P Ianni ng Counc 11 on or before
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Ma'rch 20, 1991; and
WHEREAS, the Town Cou~el1 of the Town of Jupiter desires
to clearly indicate to the Pla~ning Council that its analysis of
t.hJs countY'<<lde Future Land Use Element represents the viewpoint of
,
all the citizens of its municipality through the adoptioh of this
Re~olution by its elected officials. NOW THEREFORE,
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BE IT RESOLVED ~y THE TOWN COUNCIL
OF THE TOWN OF JUPITER, FLORIDA, THAT:
Section 1: The Town Council of the Town of Jupiter hereby
tr~nsmits its comments on the proposed Countywide Future Land Use
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El,elTll~nt submitted to the Town by the Planning Council tor review
and comment on or about FebC\1ary I, 1991; lIihlch comments are
at:tached to this Resolution as ,Exhibit A.
Section 2; The Town C?uncil of the Town of Jupiter fully
, suvports the Palm Beach County Municipal League, Ine. t. post t ion
that the Palm Beach countywide Planning Council only has jur lsd lc-
t~on over the Future Land Use E~ement and that all policies dealing
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with Transportation, Agriculture, Coastal Management, Education,
:
Historic Preservation, Public Services, Water, Environmental,
,
Artnexation, Housing and any other element should be deleted as
b~y\)nd the jurisdiction of the Council in accordance with the
analysis attached hereto as Exhibit A.
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Section 3: The Town CQuncil of the Town of Jupiter hereby
,
if>s~"rves all rights to questton any and all policies, nar-catlve,
p~rformance standards, procedural rules, etc. , promulgated by the
'lanning Council now and In the future.
Section 4 : The Town Council of the Town of Jupiter
tequests that each and every other municipality 1n Palm Beach
County support this position and adopt a similar resolution prior
to March 20, 1991.
,
Section s: The Town Clerk Is hereby directed to submit
copies of this Resolution to the Palm Beach countywide Planning
; ~ouncil, the Palm Beach County Municipal League and to the Board of
,
~ounty Commissioners of Palm ~each County.
Section 6; This Res~lution shall take effect immediately
~ron its passage.
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cflue. res
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # '10 - MEETING OF MARCH 26, 1991
RESOLUTION NO. 23-91
DATE: March 20/ 1991
This is a Resolution transmitting the comments of the City Commission
regarding the proposed Countywide Future Land Use Element (CFLUE).
This Resolution expresses the Commission's full endorsement of the
Municipal League's positionj and, the Commission's concern that the
Countywide Planning Council has greatly exceeded its jurisdiction.
We have received a copy of a proposed Countywide Future Land Use
Element (CFLUE) prepared by the Countywide Planning Council. The
CFLUE has been prepared pursuant to directives of the Palm Beach
County Charter. A public hearing is scheduled for April 16, 1991/
after which the document will be transmitted to the Department of
Community Affairs. Upon transmittal of the CFLUE, the Planning
Council becomes the Local Planning Agency for matters which are
affected by the CFLUE.
The Planning staff has reviewed the CFLUE and does not support the
draft. The Planning and Zoning Board at their March 18th meeting
recommended rejection of the CFLUE. A detailed staff report is
attached as backup material for this item. Additionally, a copy of
the CFLUE document is available for review in the City Manager's
Office.
RESOLUTION NO. 23-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TRANSMITTING ITS COMMENTS ON
THE PROPOSED COUNTYWIDE FUTURE LAND USE ELEMENT WHICH
WAS SUBMITTED TO ALL MUNICIPALITIES FOR A FORTY-FIVE
DAY REVIEW AND COMMENT PERIOD PURSUANT TO SECTION 7.8
OF THE COUNTY CHARTER1 EXPRESSING, ONCE AGAIN, ITS
FULL ENDORSEMENT OF THE MUNICIPAL LEAGUE'S POSITION
WITH REGARD TO THIS COUNTYWIDE FUTURE LAND USE
ELEMENT 1 STRONGLY EXPRESSING ITS CONCERN THAT THE
COUNTYWIDE PLANNING COUNCIL HAS GREATLY EXCEEDED ITS
JURISDICTION AS SET FORTH IN ARTICLE VII OF THE PALM
BEACH COUNTY CHARTER BY INDEPENDENTLY PREPARING DRAFT
POLICIES DEALING WITH ELEMENTS OUTSIDE THE SCOPE OF A
"LAND USE ELEMENT"1 REQUESTING THE PLANNING COUNCIL TO
REVISE THE CFLUE IN ACCORDANCE WITH THE SUGGESTIONS
AND ANALYSIS TRANSMITTED HEREWITH1 REQUESTING SUPPORT
FROM EACH AND EVERY OTHER MUNICIPALITY WITHIN PALM
BEACH COUNTY ON THIS CRITICAL ISSUE1 PROVIDING THAT
THIS RESOLUTION BE SENT TO THE PALM BEACH COUNTYWIDE
PLANNING COUNCIL, THE PALM BEACH COUNTY MUNICIPAL
LEAGUE AND THE BOARD OF COUNTY COMMISSIONERS OF PALM
BEACH COUNTY; PROVIDING AN EFFECTIVE DATE1 AND FOR
OTHER PURPOSES.
WHEREAS, in accordance with Article VII of the Palm Beach
County Charter, the Palm Beach Countywide Planning Council has prepared
a proposed Countywide Land Use Element which was transmitted to all
local governments on February 1, 1991 for a forty-five (45) day review
and comment period1 and,
WHEREAS, Article VII of the Palm Beach County Charter
authorizes the Countywide Planning Council to prepare a Future Land Use
Element and not an entire Countywide Comprehensive Plan1 and,
WHEREAS, this proposed Countywide Future Land Use Element
contains a significant amount of material which far exceeds the
Countywide Planning Council's jurisdiction in accordance with the
Charter; and,
WHEREAS, each municipality has been requested to submit its
analysis and comments to the Planning Council on or before March 20,
19911 and,
WHEREAS, the City Commission of the City of Delray Beach
desires to clearly indicate to the Planning Council that its analysis of
this Countywide Future Lane use Element represents the viewpoint of all
the citizens of its municipality through the adoption of this Resolution
by its elected officials,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach hereby transmits its comments on the proposed Countywide Future
Land Use Element submitted to the City by the Planning Council for
review and comment on or about February 1, 19911 which comments are
attached to this Resolution as Exhibit A.
'"
Section 2. That the City Commission of the City of Delray
Beach fully supports the Palm Beach County Municipal Le ague, Inc.,'s
position that the Palm Beach Countywide Planning Council only has
jurisdiction over the Future Land Use Element and that all policies
dealing with Transportation, Agriculture, Coastal Management, Education,
Historic Preservation, Public Services, Water, Environmental,
Annexation, Housing and any other element should be deleted as beyond
the jurisdiction of the Council in accordance with the analysis attached
hereto as Exhibit A.
Section 3. That the City Commission of the City of Delray
Beach hereby reserves all rights to question any and all policies,
narrative, performance standards, procedural rules, etc., promulgated by
the Planning Council now and in the future.
Section 4. That the City Commission of the City of Delray
Beach requests that each and every other municipality in Palm Beach
County support this position and adopt a similar resolution.
Section 5. That the City Clerk is hereby directed to submit
copies of this Resolution to the Palm Beach Countywide Planning Council,
the Palm Beach County Municipal League and to the Board of County
Commissioners of Palm Beach County.
Section 6. That this Resolution shall take effect immediately
upon its passage.
PASSED AND ADOPTED in regular session on this the 26th day of
March, 1991.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 23-91
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EXHIBIT "A"
REVIEW COMMENTS REGARDING THE PROPOSED COUNTYWIDE FUTURE LAND USE
ELEMENT AS PREPARED BY THE COUNTYWIDE PLANKING COUNCIL
Prepared by: David J. Kovacs, Director
Department of Planning and Zoning
City of Delray Beach
Review and Comment by: Planning and Zoning Board as the municipal
Local Planning Agency (LPA)
* March 18, 1991
Review and Adoption by: City Commission as the Governing Body
City of Delray Beach - * March 26, 1991
(* ) indicates tentative consideration date
Reference Document: Countywide Future Land Use Element (CFLUE)
pages i thru vi, pages 7 through 57, and appendices included
in the bound document.
paqe iii - change Dan Richter to Wm. F. Andrews
page 8 B. DEVELOPMENT OF THE COUNTYWIDE FUTURE LAND USE ELEMENT
The third paragraph on page 8 concludes that the CFLUE is "a
composite of local government plans " While this
. . . .
conclusion may be accurate with respect to Land Use Map
designations, it is not accurate with respect to policies.
This paragraph should be revised to clearly distinguish
between the processes use for the Map and for the policy
statements.
page 11 A. MAPPED INTERJURISDICTIONAL INCOMPATIBILITIES
A situation regarding map intergovernmental incompatibilities
(iis) which has heretofore not been addressed is that which
occurs upon annexations. The ii process looked only at
adjacent land uses between municipalities. Upon annexation,
the municipal boundary shifts. An adjacent land use situation
involving a ii may now occur -- it may have previously existed
but was not recognized due to it being "within" a single
jurisdiction. This situation may need to be addressed in the
CFLUE.
Also, the list of incompatibilities is provided in an
appendix. Direction is given that the CWPC will monitor
compliance with "future actions". It is suggested that the
list of incompatibilities be reduced by eliminating those
iis which are created by the lack of a municipality taking a
definitive action at this point in time i.e., (see page B5) a
respondent's "No incompatibility at this time" (my emphasis)
should not warrant further monitoring by the CWPC.
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P&Z Staff Report
Proposed Countywide Future Land Use Element As Prepared By The
Countywide Planning Council
Page 2
page 15 Table 2
The information contained in this Table reo "Name of Map
Overlay" is incorrect with respect to the City of Delray Beach.
Also refer to Appendix C reo the following:
C6 CRA Areas - the CRA Plan is not a part of the City's
Future Land Use Map.
C7 County Enclaves - this map showed previous conditions.
The enclaves have since been annexed. Only two areas are
depicted as such on the City's Future Land Use Map. The
City's Future Land Use Map, however, does show
designations upon land within its urban service area
which is presently under County land use jurisdiction.
C8 The map shown is from a background document and is not a
part of the adopted map series. The Future Land Use Map
does show "redevelopment areas" but they are not as shown
on C8.
The City does have a "Large Scale Mixed Use" category and a
"Mixed Use" category. Both are shown on the City's Future Land
Use Map.
page 17 Common Classification System:
This definition refers to representing the "maximum" density.
Some classifications also refer to "minimum" densities. The
inclusion of a "minimum" may create a ii. e.g., a designation
of 0-1 may be inconsistent with a a designation of 3.5-5 even
though each is less than 5 d.u. per acre. The existence of
"minimums" was not addressed when iis were assessed. Also see
page 26.
page 18 Concurrent:
This definition is more restrictive than that allowed by DCA.
So that there is not a problem in interpretation, or
application, of a more restrictive use reference should be
made to the DCA rule and/or as defined in local plans.
page 23 Urban Service Area:
This definition is inadequate. As written, would an area which
received service at a greater than minimum level of service not
be an urban service area? The definition should refer to a
geographically delineated area.
,,"
P&Z Staff Report
Proposed countywide Future Land Use Element As Prepared By The
Countywide Planning Council
Page 3
page 23 Urban Sprawl:
Given the controversy as to what constitutes "urban sprawl", I
suggest that a definition not be included. In the alternative,
it should be identified as a "term" or "concept" with reference
to the DCA Technical Memo on the subject.
page 25 Policy 1.1.3
"reviewing the land use planning of all local governments.. "
involves a very general concept ... does it mean zoning, site
plan approvals, capital improvement programming? A better
choice of words is necessary.
page 25 Policy 1.1.5
See previous comment reo page 11
page 27 Policy 1.2.5
This is a "pass through" policy. This and similar "pass
through" policies should be grouped together; thus, providing
easier application of the CFLUE document.
page 29 Policy 1.3.7
"shall prevail" - as written, this policy could mean that if
one part of a Plan is not certified then the entire Plan or
Element shall be superseded by the CFLUE. I don't believe
this situation was intended, but that only the inconsistent
policy would be prevailed upon. The policy should be so
rewritten.
page 29 Policy 1. 4 . 3
"availability of land suitable for utility facilities" is
handled as a pass-through. Some facilities such as landfills
and water well fields which have multijurisdictional impacts
may require more activity from the CWPC. A clear definition of
the role of the CWPC in such situations is needed.
page 30 Policy 1.5.5
The phrase "to govern" is inappropriate. Actually, the policy
is inappropriate. It represents an administrative activity of
the CWPC. It is not necessary to have it stated as a policy in
a CFLUE. Further, it raises an unwarranted "flag".
".
P&Z Staff Report
Proposed Countywide Future Land Use Element As Prepared By The
Countywide Planning Council
Page 4
page 30 Policy 1. 7.2
This is a rather weak statement as to handling "urban sprawl".
This is a subject wherein the CWPC should examine the specific
policies set forth in individual local plans, seek out any iis,
and take a position if one is warranted. If not warranted,
then make a statement to that effect.
page 31 Policy 1.7.4
This policy is actually a way of addressing "urban sprawl". As
such it is contrary to Policy 1.7.2. Also, it is inappropriate
to single out "traditional town planning" as a "growth
management tool". At best, such planning may result in
"leapfrog urban sprawl" ( DCA) .
page 31 Policy 1.7.5
This policy should end after the word "redevelopment". The
phrase "shall favor development" is inappropriate. Is this
meant to say that if there is a ii created during a plan
amendment proceeding and it is the result of one unit of
government seeking a high density or intensity use, that the
CWPC "shall favor development" created by the higher
intensity?
page 31 Policy 1.7.6
If there is not "broad citizen participation" is it the CWPC's
position that they will not support downtown centers? This
policy is poorly written.
page 31 Policy 1.7.8
Requiring a R/UDAT by having an adopted policy is
inappropriate. This is an administrative item. What is the
real subject of this policy?
page 31 Policy 1.7.9
This policy should be deleted or significantly redrafted.
First, the reference to a R/UDAT should be deleted.
"Establishing guidelines for determining where urban growth
is appropriate" seems inappropriate for the CWPC given its
position in Policy 1.7.2. Again, this is an item for the CWPC
work program. It does not need to be included in the CFLUE as a
"policy".
, -... ""
Co - --~~ COunt~ide Future
Pa~t~ide Planning COUnciltand Use element As Prepared By ~he
Page 32 Objecti~e 2.1
~he CWPC cannot Set
t:o.~. ~or tra~~ic a t.o.s.. ~he CFtue
mISdIrected It . ~he ~Ording o~ tho ShoUld nOt Set a
ii bet~een' the ~gUld be mOre appropriat IS ObjeCti~e Seems
Ordinance (hence OUnt~ide ~ra~~ic e to ~ocus uPon
Planning and desir~e~;:;:JY't ~ra~~ic :;;::~ance d Standard:
Page 33 Ga4t 3 c .o.s. in mUniCipal p~~s:and uSe
This GOAL and it
the CFtve. A ai: SUPPOrting POlicies Se
be addressed gy the t~:ptoPiC - a~~ordab;:sh inappropriate ~or
addressed the it C by seeing ho~ OUSing _ may bes
POlicy ~hich res:: and identi~Ying iis :a~hh muniCipality ha;
~es the iis. en eStabliShing
Page 34 Policy 4.1.5 a
USe ot th
e WOrd "each"
seems inappropriate ~hen re~erring to
mOre appropriate · ConSideration o~ "ap lOCal gO~er""'ents
. propriate" may b
Page 35 Policy 5.2.1 e
POliCies like th
Ho~ ~ill the cwpis do nOt seem to ha~e
~ollo~ thrOUgh 0; :;~Ol~e itsel~ in the ; bisis in the CFtue
~hen a local gO~ern: fOlicy? ~he CWPC ~ e:entation and/o;
Unless it ~irst in~Ol:ens is PurSUing construOCUtld not e~en know
an amen~e t On o~ a j
General C~nt n to a local Plan. etty
On ~ining POlicie8
~hose remaining Poli
land uSe consid cie8 ~hich do nOt
in the CPtue erations seem to be in apPly to 9J5 items nOr t
~~::ent Ot c~I~e:~:~ag:~re appropr~f;of:i~:~:or incIUSio~
program". ~he Policy Stateme a separat8
nO~al COntent ot sCoPe ot these Polic nts and a 8eparate
SUbject areas SUCh a t~nd Use element. F ie8 gOes beYond the
hOUSing" ShOUld b as Urban spra~l" "an inall y, llIany Ot th
reterence to th e addreSsed on an 't i neJeation", "attordabl e
;:entitied and llI;ti~:~tents ot lOcal ~l~n~y-toIPIiC baSIs Wit:
US, as pre8ent ng POliCies Or . s ShOUld b
Contained in the ~,.! rec~8d rejecf:~:rams then adoPt9d~
-". ot the PoliCies
P&Z Staff Report
Proposed Countywide Future Land Use Element As Prepared By The
Countywide Planning Council
Page 6
page 48 PERFORMANCE STANDARDS
B2 Does a standard of not creating any new iis conflict with other
policies which call for "favoring development in urban service
areas", directing land uses, etc.? How will the CWPC handle having
to reject a land use amendment which further desires policies but
would also create a ii? Perhaps, a weighing of policies against
this standard is appropriate just as the Growth Management Act
allows for a weighing of policies which are being met against those
with which a proposed action conflicts.
B3 Is not the phrase "not to exceed" better than "equal"?
BS This standard could conflict with B2. When two standards
conflict ... what happens?
B6 This is not a performance standard. It assumes that
development review and permitting processes are not streamlined
in some municipalities. This "standard" reads like a "policy".
Bl1 These "standards" dealing with Natural Resources of
Multijurisdictional Significance seem to be an imposition of
Countywide standards which are best accommodated through the
referendum process available to home rule Counties. This
performance standard should be eliminated.
ASSESSMENT AND CONCLUSION
I cannot support endorsement of the Draft CFLUE. Besides
some incorrect data, some inappropriate policies, and the need to
rewrite several policies, the document is not clear in
differentiating between what the CFLUE is and what CWPC policies
and administrative work items are.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
~~~~~~~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 26, 1991
COMMENTS RE THE COUNTYWIDE FUTURE LAND USE'ELEMENT
(Palm Beach County Planning Council Request)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
providing formal comment on the draft of the Countywide
Future Land Use Element (CFLUE) as prepared by the Palm
Beach Countywide Planning Council.
BACKGROUND:
This item has a long and controversial history. Please refer to
the P&Z memo report of March 18th for the impact of adoption of
the CFLUE. Also attached is my (staff) review report. Available
in the City Manager's Office and in the Planning Department is a
copy of the complete Element and a critique provided by the
municipal league.
The conclusion of my report is not to support the Draft CFLUE on
the basis that the document is not clear in differentiating
between what the CFLUE is and CWPC policies and work items are.
Also, I conclude that the policies contained in the CFLUE be
rejected on the basis of several inadequacies in the CFLUE and
questions with the appropriateness and wording of several
policies.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of March 18th at which time they recommended rejection of
the CFLUE based upon the staff review and their own positions.
Note: Attached is a verbatim accounting of statements made by
Jean Beer. The Board concurred with this position and endorsed
it as a consensus statement. Ms. Beer will be present to
represent the Board at this meeting.
City Commission Documentation
Comment Re The Countywide Future Land Use Element
Page 2
RECOMMENDED ACTION:
By motion, acceptance of the recommendation of the Planning and
Zoning Board and direct that the City's position be communicated
to the Countywide Planning Council and entered into the public
hearing record before that body.
Attachment:
* P&Z Staff Report & Documentation of March 18th and the
accompanying review comment report.
DJK/#77/CCFLUE.TXT
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MARCH 18, 1991
AGENDA ITEM: V.A. Countywide Future Land Use Element
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation
to the City Commission regarding formal review and comment
on the proposed Countywide Future Land Use Element (CFLUE)
as prepared by the Countywide Planning Council.
BACKGROUND:
The CFLUE has been prepared pursuant to directives of the Palm
Beach County Charter. It has been approved for distribution by
the Counc i 1 . Comments are to be returned to the Council so that
they may be considered at a public hearing scheduled for April
16, 1991.
After formal approval by the Council (on April 16th or sometime
thereafter), the CFLUE will go before the County Commission for
public hearing and transmittal to the Department of Community
Affairs ( DCA) . Upon transmittal of the CFLUE, the Planning
Council becomes the Local Planning Agency for matters which are
affected by the CFLUE. It is anticipated that the CFLUE will be
reviewed and adopted by December 31, 1991. Thereafter, any local
amendments which affect the CFLUE will need to be processed
through the Planning Council in addition to local processes. For
the first year 12/91 to 12/92, the Council's LPA findings will be
advisory and will not necessitate formal amendments to the CFLUE.
After 12/92, such amendments must also be processed as an
amendment to the CFLUE - thus requiring approval and adoption by
the County Commission (the governing body of the CFLUE). There
are proposed procedures, some of which provide for exceptions to
the above for items which do not affect significantly affect the
CFLUE or which have no intergovernmental implications.
The proposed CFLUE is also under scrutiny by the Municipal
League. A 25 page critique has been provided by the League's
legal counsel. The full document and the critique is available
from the Planning Department office.
ANALYSIS:
The approach which I have taken in the analysis is not to raise
political issues regarding home rule or expansion of County
government or the Planning Council exceeding its authority as
provided through its Charter. Clearly, these issues relate to
the Charter adoption itself. Suffice to say that "if we knew
then, what we know now, the Charter would be more clear".
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P&Z Staff Report
Countywide Future Land Use Element
Page 2
Instead, I am accepting the existence of the Charter and that the
Countywide Planning Council has made a proper interpretation of
the Charter. Thus, my critique is based upon the stand alone
merits of the CFLUE and its supporting documents. The analysis
is contained in a separate document.
( The separate analysis report will be distributed on Monday)
RECOMMENDED ACTION:
Rev iew of the report and forwarding of a recommendation to the
Commission. If appropriate, some time can be spent on the item
now and action deferred to a special meeting later in the week.
DJK/#79/PZCWPC.TXT
DISCUSSION REGARDING AGENDA ITEM V.A. COUNTYWIDE FUTURE LAND USE
ELEMENT - PLANNING AND ZONING BOARD PUBLIC HEARING/REGULAR MEETING
OF MARCH 18, 1991.
After the introduction of the item by the Planning Director, Ms. Jean
Beer, Board Member, made the following statement regarding the
Countywide Planning Council:
"It's a huge bureaucracy........what they are getting to is micro
managing everything. Everyone's Comp Plan will have to go to them
for certification..........Every year when we do our amendments,
including the LDRs, we are going to have to go to them {Countywide
Planning Council}. So what you are going to do is build one mega
bureaucracy which means that our Plan will have to go to them; plus
the Treasure Coast Regional Planning Council; plus the State. I
cannot believe you are going to do anything except hold up everything
anyone wants to get done. This is {what will happen} if they are
going to do what they are supposed to do, which is settle interlocal
governmental disputes. I can see them mapping environmental
sensitive lands, mapping of public facilities so that everyone has
access to water and sewer (from the next town) so that you can get
immediate information. Beyond that, I think this is a nightmare!"
~<n<ktt amd 1f/kk
ATTORNEYS AT LAW
BARRISTERS BUILDING
1815 FORUM PLACE, SUITE 200
1f/,d gJ. ~ead, :T~ J,14(H AREA CODE 407
JOHN CORBETT TELEPHONE 840-9020
TRELA J. WHITE TELECOPIER 88<<l833
February 14, 1991
David Harden, city Manager
city of Delray Beach
100 N. w. First Avenue
Delray Beach, Fl. 33444
Re: Proposed Countywide Land Use Element
Comments Due from Municipalities - March 20, 1991
Dear Mr. Harden:
The Countywide Planning Council transmitted the proposed
Countywide Future Land Use Element (CFLUE) to all municipali ties
on February 1, 1991 for a 45 day review and comment period. Local
government written comments are due on Monday, March 20, 1991 and
should be submitted by Resolution of the governing body. A proposed
resolution is included for your use.
Since this proposed CFLUE is extremely lengthy and somewhat
confusing, I have been directed by the Municipal League to prepare a
memorandum setting forth the League's position on the policies, per-
formance standards and other sections of the proposed CFLUE.
This memorandum is meant to assist local governments in their
analysis of this lengthy document but is in no way meant to dictate
local governments' responses. Please utilize this memorandum in your
analysis if you desire to do so and any comments you may have with
regard to the CFLUE.
These written comments and your appearance at the LPA publ ic
hearing tentatively set for April 16, 1991 will be critical in the
formulat ion of this CFLUE which will ultimately prevail over local
governments · land use elements when adopted by the Board of County
Commissioners and approved by the Department of Community Affairs.
Should you have any questions with regard to this matter, please
do not hesitate to contact me.
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(~Tr la J. W~i~e, Esq.
PLA~" ,. Special Project Attorney
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'"
M E M 0 RAN DUM
TO: ALL MUNICIPALIT.IES
FROM: TRELA J. WHITE, ESQ. SPECIAL PROJECT ATTORNEY 1fl;'
PALM BEACH COUNTY MUNICIPAL LEAGUE, INC. .'/v
I
,j
DATE: FEBRUARY 14, 1991 /
RE: ANALYSIS OF PROPOSED COUNTYWIDE FUTURE LAND USE ELEMENT
TRANSMITTED BY THE PLANNING COUNCIL TO ALL MUNICIPALITIES
ON OR ABOUT FEBRUARY 1, 1991
In accordance with Section 7.8 of the Palm Beach County
Charter, the Planning Council has prepared its proposed County-
wide Future Land Use Element and has submitted it to all local
governments for a 45 day review and comment period.
All written comments are due to be submitted to the Planning
Council from each local government on'. or before March 20, 1991.
The memorandum attached hereto is an analysis of the proposed
element which tracks the format established by the Planning
Council and follows it with comments on Sections I through VIII.
Simply start with the Introduction found on Page 7 of the Plan-
ning Council's document and Page 1 of this memorandum in order to
compare the Municipal League's position with the narrative and
policies found in the Planning Council's proposed Countywide Land
Use Element.
An analysis of the Procedural Rules found in the appendix of
the element will be submitted to you at a later date. These
procedural rules will not be adopted with the CFLUE but have
already been adopted by the Planning Council and need to be
streamlined.
This memorandum is submitted to assist you in your analysis.
Please transmit your comments to the Planning Council by Resolu-
tion of your local governing body on or before March 20, 1991.
Remember, significant changes could be made to this document
at the public hearing which is tentatively set for April 16, 1991
at 7:00 p.m.
TJW:blp
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I. INTRODUCTION
A. AUTHORITY AND ESTABLISHMENT OF THE PLANNING COUNCIL
This is pretty much a recitation of Charter sections.
B. DEVELOPMENT OF THE COUNTYWIDE FUTURE LAND USE ELEMENT
The first portion of this text simply recites the Charter
section 7.3 - Definitions of inter jurisdictional incompatibili-
ti es ; however, the paragraph following the quotation of these
definitions is objectionable. This introduction states that the
policies were developed as tools to perform the Charter mandated
analysis of the compos i te plan and that the Council's policies
function as tools for the identification of potential incompati-
bilities. It further states that the goal s, objectives and
policies of the local plans were analyzed for interjurisdictional
incompatibilities by comparing them against the Council policies
and a list of potential policy incompatibilities was developed.
This is simply not true. The Planning Council has repeatedly
stated that they created the policies over a period of the past
three years. During that time, they had none of our comprehen-
sive plans as none were due to be adopted until 1989. Further,
please note the cover letter sent with your July 24, 1990 packet
which states that "policy incompatibilities are instances where a
local comprehensive plan is inconsistent with any of the Coun-
cil's "ensure" statements from the Council's adopted policies.
The Council simply did not review these policies against adopted
policies to identify lIs. Similarly, in the introduction state-
ment dealing with policy potential incompatibilities as part of
the Ju ly packet, the PI anni ng Council states that they have
adopted policies in various topic areas. They further define a
II as an inconsistency between a local plan and a requirement of
a Council policy or the lack of an equivalent local government
policy. This is not what the Charter mandates.
The mapped potential incompatibilities were completed in
accordance with the Charter requirements.
paragraph 2 on page 8 is incorrect. The local governments
were not notified in writing as to the specific nature of the
policy incompatibility findings. They were simply sent a letter
stating that if their plan did not contain these policies as
adopted by the Planning Council, then their plan was inconsist-
ent. The last sentence of paragraph 2 on page 8 indicates that
the performance standards will be utilized to resolve incompati-
bilities; however, the Planning Council clearly intends to uti-
lize these per~ormance standards in its consistency and certifi-
cation review. Please see VI, Performance Standards, paragraph
A, Introduction, on page 48. Further, please note Policy 1.3.7
which states that if the local government's fu tu re land use
element is not consistent, then not only with the countywide
future land use element prevail but so will all the adopted
performance standardsl This language should be modified.
1
Fu rt he r , paragraph 2 on page 8 states that the Council
considered the merits of the local governments' responses prior
to preparing the proposed element. If this is true, the proposed
CFLUE would not still contain all the policies and narrative that
is so clearly beyond the jurisdiction of the Planning Council.
Further, many of the proposed policies cannot have been part
of the "composite plan" as many of these policies have been found
in no plans, at all. The Planning Council simply created these
policies independently. Further, it should be noted that while
this language indicates that the Council is simply setting up
standards to identify and prevent incompatibilities that is
simply not what they intend to do with these performance stand-
ards as indicated in the comments above and the citations noted.
C. RELATIONSHIP OF THE COUNTYWIDE FUTURE LAND USE ELEMENT
TO LOCAL COMPREHENSIVE PLANS
There appears to be a mistake in paragraph 1 of this subsec-
tion. The consistency review and certification process is out-
lined in Section 7. 11 of Article VI I, not in Section 7. 12 .
Further, while the consistency review and certification process
may be governed by the Council's adopted procedural ru Ie , it
should be remembered that the procedural rule cannot be in con-
flict with the Charter.
Paragraph 3 of subsection C is inaccurate. The Planning
Council was not crea ted to address "Countywide Is sues" and
"public concerns that require a countywide approach". Rather, it
was created to oversee the planning process of all local govern-
ments and to address interjurisdictional incompatibilities which
resulted in the implementation of the local plans. This Council
continues to insist on superseding local plans and creating some
type 0 f "Countywide vision". This is simply not the mandate of
the Charter. Further, the quote from Section 7.18 of Article VII
is incorrect; the intent is to prov ide Countywide "uni ty" not
Countywide "uniformity" . This should be corrected and this
paragraph should be reworded.
Paragraph 4 of subsection C also erroneously espouses this
philosophy that this Planning Council was created to addres s
"Countywide issues". This is simply not what the Charter states.
The 9J-S Policies are not those which deal with strictly local
issues while the Council is able to focus on those larger County-
wide issues. Where did the Planning Council incorporate by
re ference local government "9J-S policies" and all data and
analysis in support? Additionally, this paragraph attempts to
justify placing items in the land use element that are minimum
criteria for other elements. The Council cannot do this.
The last paragraph in this subsection should be clarified to
indicate that a local planning agency's role is always
"advisory". It may only make recommendations to the local govern-
ing body in accordance with Chapter 163, F.S. Further, this
paragraph should be clarified to tr ac k the Charter language
2
indicating that the evaluation and appraisal report may be pre-
pared not more than once every two years; thus, the Planning
Council can only initiate amendments based on the evaluation and
appraisal reports which may be created no more than once every
two years.
D. RELATED DOCUMENTS
Each local government should look carefully at the data and
analysis summaries contained in this booklet. They are lacking
in substance. , Further, each local government should look care-
fully at the "adopted procedural rules" section of this document,
as these rules may conflict with the Charter. I will submit a
memorandum with regard to the procedural rules under separate
co ve r in the very near future. These procedural rules will
become increasingly significant to all local governments as they
set forth the time frames under which all plan amendments and
plan consistency reviews will be conducted. At this time, the
rules are very confusing and need to streamlined.
II MAPPED AND POLICY INTERJURISDICTIONAL INCOMPATIBILITIES
A. MAPPED INTERJURISDICTIONAL INCOMPATIBILITIES
Generally speaking, the mapped interjurisdictional incompat-
ibilities were conducted in accordance with Charter requirements;
the local governments were given the opportunity to respond to
the potential lIs and to resolve them, themselves.
Each local government should look carefully at this section
to make certain the resolution is accurate for their particular
local government.
B. POLICY INTERJURISDICTIONAL INCOMPATIBILITIES
This Section is incorrect. The potential policy incompati-
bilities were never identified as being created by the implemen-
tation of a local plan. The Planning Council simply formulated
its own independent policies and determined that these policies
would supersede the local pOlicies. Further, the League objects
to the use of performance standards to evaluate plans and related
elements for consistency certification since this process elimi-
nates important due process rights mandated by the Charter. This
entire paragraph should be reworded.
III COUNTYWIDE FUTURE LAND USE MAP SERIES
A. INTRODUCTION
Generally, this paragraph is accurate. Each local govern-
ment should check to make certain its position is represented
accurately in the tables and map series.
3
..
B. DISCLAIMER
Self-explanatory. However, what good is the map series if
you can not tell what a specific piece of property is designated?
Who will determine actual designations and based on what crite-
ria.
C. LOCAL GOVERNMENT OVERLAYS AND CONDITIONAL LAND USE PROVISIONS
This Sect ion simply indi ca te s that the cond it iona I use
provisions utilized by many local governments was difficult to
convert to the land use categories for the common classification
system. Each local government should check these tables to make
certain their position is accurately portrayed.
D. COUNTYWIDE FUTURE LAND USE MAP SERIES
Each local government should check the map series to make
certain its maps are portrayed accurately. The historic re-
sources map and issues regarding historic resources of multi-
jurisdictional significance were tabled at the January 14, 1991
public hearing and thus should be eliminated from this document.
IV DEFINITIONS
Many of the definitions come from Rule 9J-5.003, F.A.C. or
Chapter 163. These definitions should be carefully reviewed
because they will determine the scope of many of the policies in
the element. Certain definitions will be highlighted here.
CERTIFICATION FOR CONSISTENCY - This definition ties into
the language on Page 48 regarding the use of the performance
standards for review of the local government land use elements
and related elements and for the review of amendments to the
Countywide Future Land Use Element. As mentioned in the section
dealing with the performance standards, this approach is unac-
ceptable.
CONCURRENT - This defini tion is much stricter than the
definition in 9J-5.0055(2). What is the justification for this?
COUNTYWIDE FUTURE LAND USE ELEMENT - This definition is
totally inaccurate. First, this element is not a composite of
local governments' future land use elements since policies are
made up independent of any composite plan. Second, how could it
be a composite of related elements since no one knows what the
related elements are until local governments submit elements for
certification?
ESSENTIAL PUBLIC SERVICES - What is this definition used
for?
ESTUARY - This definition is close to the definition in 9J-
5. 003( 32). However, that definition incl udes , a f te r semi -
enclosed, the words "naturally existing". Those words should be
4
5.003(32).
ESTUARINE SHORE - This definition should read as follow s
"the shoreline of an es.tuary."
LAND DEVELOPMENT REGULATIONS - There are two definitions of
land development regulations in Chapter 163. The Planning Coun-
cil has picked the definition from Section 163.3164(22) rather
than the definition in Section 163.3213(2)(b). The difference is
the definition chosen by the Planning Council includes rezonings
and building code requirements. By using this definition, it
indicates that the Planning Council plans to review rezoning
decisions of the local governments.
MIXED LAND USE - This definition is not very clear.
SANITARY SEWERAGE - This should be ti tIed "Sanitary Sewer
Facilities" to make it consistent with 9J-S.003(87).
SURFACE WATER - This de fini tion comes from the County's
Comprehensive Plan. Why is it included?
SURFACE WATER IMPROVEMENT AND MANAGEMENT (SWIM) ACT - Why is
this definition included?
URBAN SERVICE AREA - What does this definition mean? Local
governments are required to establish levels of service whether
areas are within urban service areas or not.
V. FUTURE LAND USE GOALS, OBJECTIVES, AND POLICIES
As a general comment, there is no data and analysis showing
the need for any of these goals, objectives, and policies and no
justification as to why they are needed to resolve or prevent
interjurisdictional incompatibilities. Most of the objectives
are not measurable and are not supported by the data and analy-
sis. Many policies do not describe activities and programs that
will implement, the plan.
A. INTRODUCTION
The Introduction section is confusing. The introduction
states that there are two types of goals, objectives, and poli-
cies - "administrative" and "encourage". The "9J-S" policies are
included with the "administrative" policies. Al though in the
introduction these policies are separated into two types, (when
there are actually three types), they are not separated in the
te xt ; thus it is up to the reader to determine which type of
policy each purports to be. Since the Planning Council intends
to utilize the differ9nt types of policies for different pur-
poses, it would be much simpler if they were divided under sepa-
rate headings. Specifically, the following items in the intro-
S
duction should be clarified:
1. "9J-5" Policies are not administrative policies.
2. "Adminis trat ive" po li ci es should not be utilized for
consistency review or certification.
3. Performance standards should not be utilized for con-
sistency review or certification.
4. "Encourage" policies may not be considered as a basis
for consistency review and certification. How the Counc i 1
plans to use these is unclear. For example, how will Coun-
cil use encourage policies to review amendments to the this
element - if a local government does not allow accessory
apartments per Policy 3.1.3, does this mean no amendments to
the countywide element proposed by that local government
will be approved?
B. GOALS OBJECTIVES AND POLICIES
LAND USE
Goal 1 - This is simply a recitation of Section 7.2 of Arti-
cle VII of the Palm Beach County Charter.
Objective, 1.1 - ok
Policy 1.1.1 - The procedural rules to govern the implemen-
tation of the Countywide Future Land Use Element should have been
in place long before the ad-option of the element so that each
local government would fully understand the process before being
subjected to it.
Policy 1.1.2 through 1.1.5 - These policies simply recite
the Charter and are redundant. They are not necessary as the
Charter already states all these facts. Please note in policy
1.1.4 instead of the word "noting" the words "identifying and
addressing" should be inserted if this policy is to remain in the
text.
Objective 1.2 - This objective and Policies 1.2.1 through
1.2.4 are acceptable; however, Policy 1.2.4 indicates that the
Council should adopt, within one year of element adoption, proce-
dural rules to govern the review of amendments. This procedural
rule should be completed long before that time so that all local
governments will fully understand the process before being sub-
jected to it. Also, the second sentence of the objective is
unclear - what other related information will be contained in the
map series.
Policy 1.2.5 through 1.2.8 - represent Policies 1 through 4
of the "9J-5" land use policies and ar e acceptable as "pas s
6
"
through" land use policies.
Objective 1.3 - strike words "and certification". Council
is supposed to resolve lIs through the plan preparation process,
not the certification process.
,
Policy 1.3.1 - Once again, the procedural rules should be
completed well before the time set forth in this policy in order
that local governments may clearly understated the process before
be subjected to it.
Policy 1.3.2 - Council only has jurisdiction over land use
element and related elements. Amendments to non-certified element
are not Council concern.
Policy 1.3.3 - Object to the wording in subparagraph a. The
performance standards should be utilized for identification of
lIs in future plan amendments, not for certification and consist-
ency as no lIs have ever been identified. In accordance with
Section 7.8 of the Charter, the composite plan may only be modi-
fied when lIs have been iden ti fi ed; th us , these performance
standards may not be utilized to modify existing plans or prevent
them from being certified as consistent.
Policy 1.3.4 - subparagraph a - strike the following words
"and the Planning Council receives no adverse public comment".
There is no Charter authority for that language to be included.
No policy addresses the si tuat ion where no potential mapped
interjurisdictional incompatibilities are identified.
Policy 1.3.5 - Not clear how this will occur. This policy
is too vague given the types of encourage policies in the ele-
ment.
Policy 1.3.6 - This policy should be clarified as to how
these policies actually will be used and should clearly state
that the "encourage policies" shall be used in an advisory capac-
ity only, as is noted in Policy 1.3.5 above.
Policy 1.3.7 - Sect ion 7.9 of the Charter states that
unless the local government's adopted land use element has been
certified as consistent with the adopted Countywide Future Land
Use Element the Countywide Future Land Use Element shall prevail;
however, nothing in the Charter states that the "adopted perform-
ance standards shall operate with the full effect of Countywide
Future Land Use element policies". This is onerous and objec-
tionable and must be stricken. These performance standards do
not meet the requirements for policies pursuant to 9J-5. This
policy is inconsistent with the language in the Introduction on
Page 48 of the Element.
Objective 1.4 - ok.
Policies 1.4.1 through 1.4.4 - are acceptable "9J-5 pass
through" poli cies . The issues in Policy 1.4.3 are issues the
7
""
Council should' have reviewed independently rather than ignoring
the issues by passing through local governments policies.
Objective 1.5 - ok.
Policies ,1.5.1 through 1.5.2 - are acceptable "9 J- 5 pa ss
through" policies.
Policy 1.5.3 - This policy cannot be implemented and should
be deleted. What does the Council propose to do? How would this
encourage policy be used in plan amendment review process?
Policy 1.5.4 - How can a public agency establish and promote
private foundations? Doesn't the Planning Council have enough to
do without getting involved in this type of effort? Who is going
to fund this kind of program? - This policy should be deleted.
Policy 1.5.5 - There is no Charter authority for intergov-
ernmental transfer of development rights. TDRs are land develop-
ment regulations and are beyond the jurisdiction of the Planning
Council pursuant to Sec. 163.3202(3), F.S. This policy should be
deleted.
Objective 1.6 - Not acceptable. The Planning Council has no
authority over land development regulations.
policy 1. 6 . 1 - Th is is an acceptable "9 J - 5 pa ss through"
policy - former land use "ensure" policy 12.
Policy 1. 6 .2 - This policy should be deleted as beyond the
jurisdiction of the Planning Council as it has no authority over
land development regulations, zoni ng, etc. As wr it te n , the
Planning Council could review a local government's zoning code
when reviewing proposed amendments to the Countywide Future Land
Use Element to see if this "encourage" policy is being met
(Policy 1. 3.6) ,
Objective 1.7 - Nothing in the Charter gives the Planning
Council a role in adopting community standards for urban form.
Whose community standards - the Council's or each local govern-
ment's? This is well beyond the Council's jurisdiction.
policy 1.7.1 through Policy 1.7.3 are acceptable as "9J-5
pass through" policies; they are former land use "ensure" poli-
cies numbers 13, 15 and 16, respectively.
policy 1.7.4 - Land development regulations are beyond the
authority of the Planning Council; further, it is up to each
local government to determine whether it wishes to utilize tradi-
tional town planning concepts or other equally beneficial plan-
ning tools for its growth management plan. This policy should be
deleted.
Policy 1.7.5 - This policy is internally inconsistent with
policy 1.7.4, especially ~hen applied to the mid-County area.
S
,"
Policy 1.7.6 How will Council do this? What standards will
be applied? Will the Council discourage downtown centers if the
Council does not like the process a local government used to set
urban design standards?
Policy 1. 7.7 What are "urban centers"? Is this inconsist-
ent with Policy 1.7.5?
Policy 1.7.8 - There is no authority for the Planning Coun-
cil to sponsor RUOATsi who will pay for this type of program?
Each local government has its own vision of the future and should
be allowed to continue to express its own individuality. This
policy sh ou ld be deleted as it is well ~e yo nd the Council's
jurisdiction.
policy 1. 7 . 9 - This policy should be deleted. The Planning
Council cannot create a plan from scratch. The Council is limit-
ed to the composite plan unless lIs are identified in accordance
with Section 7.8 of the Charter. This would totally supersede
local planning efforts.
Policy 1.J .10 - This policy should be deleted. It also is
inconsistent with Policy 1.7.4.
Objective 1.8 - This objective should be reworded. The
Planning Council is reactive not proactive in accordance with the
terms and conditions set forth in the Charter. The Planning
Council has no authority to review the impacts of development.
Policy 1.8.1 - This policy should be reworded or stricken as
the Planning Council has no jurisdiction over "Countywide Plan-
ning Issues". The Council's mandate under the Charter is to
identify lIs in the implementation of the plans of the 38 local
governments after putting together the composite land useele-
mente
Policy 1.8.2 - Will the Council's budget allow this type of
activity? Why doesn't the Council do what it was charged to do
under the Charter?
Policy 1.8.3 - This entire policy should be deleted. Why
set up yet another layer of bureaucracy? The Planning Council
now has membership from the South Florida Water Management Ois-
tr ic t, the School Board, the County and all municipali ties.
Coordinating planning countywide is what the Council was supposed
to be doing! This policy is redundant, unnecessary and a waste-
ful expenditure of taxpayers' money.
Policy 1.8.4 - ok
Policy 1.' 8 . 5 - The Planning Council has no multi-county
jurisdiction. This policy represents bureaucratic empire build-
ings. This policy should be deleted.
9
'.
TRAFFIC
Goal 2 - This goal is a traffic circulation element require-
ment over which the Planning Council has no jurisdiction. This
goal should be deleted.
Objective 2.1 - The Planning Council does not set levels of
service. The County Commission and local governments do this.
The Planning Council can make recommendations regarding con-
strained facilities and geographic areas of exception. Either
reword or delete this objective.
Policy 2.1.1 - One year is too long. The firs t set of
applications may be submitted June 1991. The procedural rules
should be in place such that all governments will know what is
expected of them prior to the commencement of the process.
AFFORDABLE HOUSING
Goal 3 - Affordable hous ing is covered fully under the
housing elements of all local government plans; this goal is
beyond the jurisdiction of the Planning Council in creating a
countywide land use element. This goal should be deleted.
Objective 3. 1 and policy 3.1.1 through 3.1.3 sh ou ld be
deleted as beyond the jurisdiction of the Planning Council. How
is Policy 3.1.2 to be implemented? Policy 3. 1. 3 is a zoning
issue, not a planning one. It is beyond the County's jurisdic-
tion.
AGRICULTURE
Goal 4 - Delete the words "and to encourage appropriate land
development regulations to be implemented." The Planning Council
has no jurisdiction over land development regulations. Rather
than focus on existing ~ of land for agriculture, should focus
on lands designated for agriculture in plan.
Objective 4.1 - Encourage objectives are not to be utilized
to prevent certification of a plan. The Planning Council cannot
implement programs and practices - all it can do is refuse to
redesignate currently designated agricultural lands.
Policy 4.1.1 - This is redundant. The Planning Council must
make a composite plan prior to creating the countywide future
land use element and take into consideration all land uses, not
simply agricultural land uses.
Policy 4.1.2 - Once again, this should have already been
done when the composite plan was analyzed. This policy makes no
sense.
Policy 4.1.3 - How can the Planning Council do this? The
entire Agricultural Reserve Area is in the unincorporated area,
10
,'"
so where is the II?
Policy 4.1. 4 - The Planning Council can only modify a com-
posite plan if a II exists; it may not modify a plan because of
in format ion found in the "Agr icul tural Reserve Area Study".
Again, where is the II since the Agricultural Reserve Area is all
in the unincorporated area?
Policy 4.1. 5 - The Planning Council has no jurisdiction to
implement this policy. If the Council has any concern, it should
be in areas desiqnated for agricultural purpos es on land use
plans not over lands "used" for agricultural purposes.
Policy 4.1.6 - This policy is redundant. The South Florida
Water Management District is handling this program. Further,
where is the II?
COASTAL MANAGEMENT
Goal 5 - This goal is beyond the jurisdiction of the Plan-
ning Council; this goal belongs in the coastal management element
of coastal local governments' comprehensive plans. The Planning
Council is charged with evaluating existing plans and identify-
ing lIs. This goal has nothing whatsoever to do with the Charter
mandate.
Objective 5.1 - Sounds nice but this is covered under inter-
governmental coordination and coastal management elements of all
local government plans. Where is the data and analysis demon-
strating a failure of the existing planning mechanisms to address
this issue?
Policy 5.1.1 - The Planning Council should have done this
with their analysis of the composite plans.
Policy 5.1.2 - What does this policy mean - will the Beaches
and Shores Council now be reviewing future plan amendments? This
policy should be deleted.
Policy 5.l.3 - This policy is beyond the Council's jurisdic-
tion and is too vague. What does the term "excessively burden"
mean and who will decide this?
Policy 5.1.4 - This policy is beyond the Council's jurisdic-
tion; it belongs in the coastal management element for affected
local governments.
Policy 5.1.5 - This is former coastal management policy no.
2 and is an appropriate "9J-5 pass through" land use policy.
Objective 5.2 - Beyond Council jurisdiction - already regu-
lated by state permitting agencies.
Policies 5.2.1 through 5.2.4 - should be deleted. These are
11
,'"
redundant and beyond Council jurisdiction. Local governments are
required to consider the impacts identified in Policy 5.2.1 when
securing permits for the enumerated faci Ii ties. How is the
Planning Council involved in the permitting process? How would
Policies 5.2.3 and 5.2.4 be used? If a local government does not
have these programs, are all future plan amendments denied?
Objective 5.3 and Policy 5.3.1 and Policy 5.3.2 should be
deleted as beyond Council jurisdiction. To meet this objective,
the Planning Council should evaluate the plans for lIs. If those
are found, then the Council should proceed with the notification
of local governments and the resolution process as set forth in
the Charter. How could the Council possibly implement this
policy as drafted? All of the issues identified in the policies
are addressed by permitting agencies. Council has no role in
their processes.
EDUCATION
Goal 6 - Schools are not a concurrency item and the Planning
Council cannot make them one; thus a period should be placed
after the word "Countywide" and the remainder of this sentence
should be deleted. Specifically, delete the words "and ensures
that educational facilities and their supporting infrastructure
are available'~ concurrent and commensurate with residential
development."
Objective 6.1 - What does this mean? It is. too vague and is
clearly not measurable.
Policy 6.1.1 - Good luck on this one. This would only work
if the School Board agreed to be bound by plans showing locations
of school sites. They are not willing to do this since they must
wait to see population figures of certain areas prior to acquisi-
tion of school sites. The School Board is reactive not proac-
tive and will not be bound by this type of land use planning.
The School Board also greatly considers fiscal issues (i.e. : How
much does the land cost?) in selecting school sites. Delete this
policy.
Policy 6.1.2 - Ok if the School Board will do this. This
policy is beyond the Council jurisdiction. The School Board is
not a local government and will not be bound by any of th es e
policies.
Policy 6.1.3 and 6.1.4 - same commen t . Al so , in Policy
6.1.4, who are "concerned entities"?
Policy 6.1. 5 - While all local governments support mainte-
nance of racially balanced schools in accordance with the law, it
is impossible for local government to implement an y type of
regulations dealing with racial balance. - Delete this policy.
.' HISTORICAL RESOURCES
12
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Goal 7 -ok
Objective 7.1 - Ok as long as only policies implementing the
objective are "9J-5" pass through" policies. Otherwise, the
"protect" part gets into LOR's which are beyond Council jurisdic-
tion.
Policy 7.1.1 - This is an appropriate "9J-5 pass through"
policy which is appropriate for the land use element and was
formerly Historic Preservation "ensure" policy number 1.
Policy 7.1.2 - This is former Historic Preservation "ensure"
policy number 2 and is appropriate as a "9J-5 pass through" land
use policy.
Objective 7.2 - This objective should be deleted as it was
tabled at the public hearing on January 14, 1991.
,.
Policy 7.2.1 - This policy should be deleted as this issue
was tabled at the January 14th public hearing.
Objective 7.3 - This objective should be deleted or reworded
as the Planning Council has no land development regulation au-
thority. Also, these resources have been protected in the local
plans pursuant to Policy 7.1.1.
Policy 7.3.1 - This policy is redundant - Policy 7.1.1
requires local governments to ensure the protection of Historic
Resources and Policy 7.1.2 requires implementation activities.
These are sufficient.
Policy 7.3.2 - This policy should be deleted - the Planning
Council has no authority over zoning codes or land development
regulations, etc. The Council has already adopted as sufficient
local efforts in Policies 7. 1. 1 and 7. 1. 2. Where has Council
identified a need to "better protect" these resources?
Objective 7.4 - Is this really necessary? Where is Planning
Council charge to do this?
Policy 7.4.1 - How can a public agency promote private
foundations to ra is e funds for preservation of historic re-
sources? This is beyond the jurisdiction of the Planning
Council. Surely the Planning Council has sufficient duties to
perform without getting involved in this type of activity.
Policy 7.4.2 - How would Council do this? It is beyond the
jurisdiction of the Planning Council - this policy should be
deleted.
Policy 7.4.3 - This policy should be properly located in the
plan as policy 7.1.3 and delete the entire Objective 7.4 and its
policies.
Policy 7.4.4 - Why ~ake this a policy; why not just do it?
13
PUBLIC SERVICES AND FACILITIES
Goal 8 - This goal should be reworded to state as follows:
"It is the goal of the Planning Council to resolve lIs by ensur-
ing that there are adequate public services and facilities to
serve plannedrdevelopment in an efficient and cost effective
manner." The only way the Planning Council can prevent growth
management disputes is by identifying and resolving lIs. The
Council is not a service provider so it cannot ensure the provi-
sion of public facilities in an efficient and cost-effective
manner.
Objective 8.1 - Wh at are "regional and community public
services and facilities"? If they do not serve more than one
government, how can there be a II? Council has not through its
data and analysis identified a problem with existing plans and/or
programs in this area.
Policy 8.1.1 - What does this mean and what purpose does it
serve? Most agencies seem to know their own service areas! If
this is dealing with proposed annexation areas, it should be
placed under that section; if no t , these responsibilities are
determined by jurisdictional boundaries or interlocal agreements.
Policy 8.1.2 - The Planning Council may participate in this
Intergovernmental Review Committee should it desire and should
the County believe its presence is desired; however, why should
this be a policy? Further, the County plan does not discuss
countywide levels of service nor does it purport to make recom-
mendations to standardize minimum development criteria county-
wide. This would be possible only through Charter amendment.
Also, the Committee was supposed to be established by September
1990.
Objective 8.2 - What are regional and community public
safety facilities and services? Unless this is defined, this
objective is meaningless.
Policy 8.2.1 - This entire policy is beyond the jurisdiction
of the Planning Council. What II has been identified? Has the
Council identified examples of a local government not being able
to determine the adequacy of its public safety resources when
reviewing major building projects? Whether a local government
uses impact fees is determined by the local government in its
capi ta I improvement element. That is not a Planning Council
issue. The Service provision issue is preempted by Section 7.18
of the Charter. Remember, only the land use element ordinance
will prevail over municipal ordinances. Further, what is the
Palm Beach County Peace Time Emergency Plan as approved by DCA?
This policy and objective should be deleted entirely.
Policy 8.2.2 - This is not a land use issue; this is not a
II issue; no Planning Council jurisdiction - should be deleted.
14
'.
Policy 8.2.3 - Why is this necessary and what will it accom-
plish besides giving the Planning Council something else to do?
This policy should be deleted.
Objective 8.3 - This is not a land use issue; this is not a
II issue - should be deleted.
Policy 8.3.1 - This policy is found in the County library
services element; this is not a countywide land use element
is sue. This policy should be deleted. Where is the data and
analysis the Council has used to determine that the Library
Taxing District should represent the "minimum level of service
standard"? Council has no jurisdiction to set a library level of
service.
Policy 8.3.2 - No PI anni ng Council juri sdiction - this
policy should be deleted.
Objective 8.4 - This objective and all policies thereunder
belong in the recreation and open space element per 9J-5.014.
This entire section should be deleted. On this specific objec-
tive, what constitutes sufficient land, facilities and natural
system areas? Has the Council identified a problem with what is
in the local plans?
Policy 8.4.1 - The Planning has no jurisdiction to establish
a recreation level of service.
Policy 8.4.2 - How would the Planning Council implement this
policy?
Policy 8.4.3 - The Planning Council should have already
done this pursuant to the requirements in Rule 9J-5.006(4)(a)5.,
F.A.C.
Policy 8.4.4 - Same comment as for Policy 8.4.3.
Policy 8.4.5 - If the County is already doing this study,
why is the Planning Council duplicating it?
Policy 8.4.6 - What is this encourage policy based on? It
assumes that no local government has adequate public access. Has
the Council identified an existing problem?
Policy 8.4.7 - The Planning Council has no authority to
coordinate bike way placement countywide.
Policy 8.4.8 - How would the Planning Council implement this
policy?
Policy 8.4.9 - How would the Planning Council implement this
policy? Has the Coun,ci I identified deficiencies in existing
local plans in this area?
15
,"'
for this objective or any of the policies thereunder. This is
duplicative as the Solid Waste Authority controls all of these
issues. Further, this is a 9J - 5 .011 , Sani tary Se we r , Solid
Waste, Drainage, Potable Water, and Natural Ground Water Aquifer
Recharge Element issue. This objective and all policies thereun-
der should be deleted. How could the Planning Council implement
this objective?
Policy 8.5.1 - Where is the Council jurisdiction for estab-
lishing a mediation process?
Policy 8.5.2 - This is clearly not a land use issue.
Policy 8.5.3 - The Council should have done this pursuant to
9J-5.006(4)(a)9.
Policy 8.5.4 - How would the Planning Council encourage
this?
,.
Policy 8.5.5 - This would just inject one additional layer
of bureaucracy into this process and appears to be empire build-
ing.
Goal 9 - There is no Planning Council jurisdiction for most
of this goal, objective and these policies. The subject matter
belongs in the Sani tary Sewer, Solid Waste, Drainage, Potable-
Water and Natural Ground Water Aquifer Recharge Element pursuant
to 9J-5.0ll(2). This goal and all policies except Policy 9.1.3
should be deleted.
Objective 9.1 - Is there a lack of cooperation now that the
Planning Council has identified?
Policy 9.1.1 - How? Rallies and marches?
Policy 9.1.2 - How will PI anni ng Counci 1 do th is? Will
future amendments be denied if local governments do not have
water system interconnects?
Policy 9.1.3 - This is former "ensure" water policy number 1
which is an acceptable 9J-S pass through land use policy.
Objective 9.2 - Is there an existing problem the Planning
Council has identified?
Policy 9.2.1 - How will Council implement this policy? Will
future amendments be denied if local governments have not ex-
plored these a!ternatives?
Objective 9.3 - Is there an existing problem the Council has
identified?
Policy 9.3.1 - Once agai n, this policy and other water
conservation techniques are required by Rule 9J-5.011(2)(c)4 and
9J-5.011(2)(c) (3) as part of the Sanitary Sewer, Solid Waste,
16
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Drainage and Potable Water and Natural Ground Water Aquifer Re-
charge Element. This policy and policies 9.3.2 through 9.3.4 are
more appropriate in an entirely different element of a comprehen-
sive development plan and should be deleted.
Policy 9.3.2 - The data and analysis section on Page 102
says the South Florida Water Management District governs this
topic. How does the Council plan to inject itself into the
existing regulatory process?
Policy 9.3.3 - These items are governed by existing
regulatory program. How would the Planning Council inject itself
into these processes?
Policy 9.3.4 - This policy is beyond the County jurisdiction
as it governs the issuance of development orders. Where is the
data and analysis to support the need for this policy?
Objective 9.4 - This objective and the policies thereunder
should be deleted as they are beyond the jurisdiction of the
Planning Council. These items belong in the Sanitary Sewer,
Solid Waste, Drainage and Potable Water and Natural Ground Water
Aquifer Recharge Element. The data and analysis does not indi-
cate a II exists in this area.
Policy 9.4.1 - Hasn't this already been done by each local
government in its infrastructure element? This is not a II issue
nor a land use issue.
Policy 9.4.2 - How would the Planning Council implement this
policy? Would all future land use plan amendments be denied if
the local government permitted septic tanks? Who would be re-
sponsible for the temporary taking claims if a local government
implemented this policy by denying development orders in an area
within the urban service area that is not currently served by
utilities?
Policy 9.4.3 - How would the Planning Council implement this
policy? Isn't this already accomplished by the Environmental
Control Rule that requires hookup to sewer systems once lines
become available?
Objective 9.5 - same comment - beyond jurisdiction of Plan-
ning Council these items belong in the Sanitary Sewer etc. ele-
ment of a comprehensive plan. Where is Planning Council juris-
diction? This is not an issue relating to the implementation of
adopted plans.
Policy 9.5.1 - How would the Council implement this policy?
Would future land use amendments be denied if the Council did not
like the water conservation methods adopted by the local govern-
ment?
Policy 9.5.2 - How would this policy be implemented? What
would be the cost of implementing this policy?
.
17
Policy 9.5.3 - Where is the data and analysis to support the
need to increase the existing storage capacity? Maintaining
adequate water level in canals does not seem to be something
within the jurisdiction of most local governments.
Policy 9.5.4 - Where is the data and analysis to indicate
that this policy is needed or beneficial? How would the policy
be implemented?
Policy 9.5.5 - How would the Planning Council implement this
policy? Isn't the South Florida Water Management District al-
ready doing this?
Goal 10 - ok
Objective 10.1 - ok
Policy 10.1.1 - This policy is former "ensure" environmental
policy number 1 and is an appropriate 9J-5 pass through land use
policy.
Policy 10.1.2 - This policy is former "ensure" environmental
policy number 2 and is an appropriate 9J-5 pass through land use
policy.
Objective 10.2 - This objective and policies 10.2.1 through
10.2.3 are beyond the jurisdiction of the Planning Council. The
Council does not have authority to adopt policies on issues the
Council feels may be significant countywide. The Council must
identify lIs and create policies to resolve or prevent them. The
Council cannot require local governments to amend adopted Compre-
hensive Plans unless they have identified a II which needs to be
resolved. In all these policies, the Council is merely trying to
impose additional and different requirements on local government,
totally unrelated to the resolution of any interjurisdictional
incompatibil ity. If Palm Beach County would like the County
Commission to be able to designate environmentally significant
parcels of property and regulate them countywide, the County
Commission needs to amend the charter to provide that juriSdic-
tion in the County. It is inappropriate for the County to try to
use the Countywide Planning Council as a substitute for a Charter
amendment.
Policy 10.2.1 - The identification of natural resources of
multi-jurisdictional significance is a substantive issue. These
could not be identified through a procedural rule. They would
have to be identified and adopted as an amendment to the existing
Countywide Future Land Use Element.
Policy 10.2.2 - Since these would not come from the County's
composite plan, where is the Council jurisdiction?
Policy 10.2.3 - Has the Council conducted the analysis of
the existing local progr~ms to determine that they are inadequate
.'
18
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to promote the protection of environmental resources? Until the
Council does so and identifies potential problems with the imple-
mentations of'those programs, the Council should refrain from
adopting policies.
Policy 10.2.4 - This Policy should be included under Objec-
tive 10.1 as policy 10.1.3 as it is former environmental "ensure"
policy number 7 and is an appropriate 9J-5 pass through land use
element requirement.
Goal 11 - ok
Objective 11.1 - Why provide an alternative to the Planning
Council? The voters authorized the Plann~ng Council to settle
these types of disputes by approving Article VII of the Palm
Beach County Charter. What is the point of now finding an alter-
native method?
policy 11.1.1 through Policy 11.1.6 - These policies could
all be consolidated into one policy which provides for mediation
over disputes if both parties agree to participate. Having six
polices on this issue is absolutely redundant.
Goal 12 - This goal and all objectives and policies thereun-
der are beyond the Planning Council's jurisdiction. Rule 9J-
5.015(3) (c) (4) requires policies resolving annexation issues to
be included in the Intergovernmental Coordination element, not
the future land use element.
Policy 12.1.4 - Need County Interim Annexation Policy and
Annexation Incentive Program clearly identified as there have
been various interim policies over the years. Most of these
items are already required to be addressed in annexation, so this
policy is redundant. How does this policy relate to performance
standard l2?
Goal 13 - ok
Objective 13.1 - ok
Policy 13.1.1 - There is no charter support for this policy
or for Policies 13.1.2 through 13.1.4.
Objective 13.2 - 13.4 - While these objectives and policies
seem to be a good idea, where is the Charter authority for these
objectives and policies. Hopefully the data prepared by the
Council pursuant to these policies will have more substance then
the data in the Data & Analysis section.
VI. PERFORMANCE STANDARDS
A. INTRODUCTION
This introduction is inaccurate as it indicates that
19
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It. .. these performance standards define the minimum standards
necessary for local governments to achieve in order to prevent
and resolve interjurisdictional incompatibilities as defined in
Article VI I of the Palm Beach County Charter. It The Planning
Council did not follow the mandates of Charter Section 7.8 in
identifying lIs in order to modify local governments plans. The
cover letter to all local governments on July 24, 1990 clearly
states that the policy incompatibilities are instances where
It. . . . a local comprehensive plan is inconsistent with any of the
Council's 'ensure' statements from the Council's adopted poli-
cies. . ." These lIs were never identified from any review and
analysis of the implementation of local plans; nor were they sent
to the local governments for resolution prior to becoming stand-
ards which could determine consistency and could be used to
modify local plans. Also note the wording in the introduction
packets submitted to local governments along with the July 24,
1990 packets which reads as follows:
The Planning Council has adopted policies in various
topic areas to identify, prevent and resolve incom-
patibilities as defined in Article VII. An incon-
sistency between a local plan policy and a require-
ments of a council policy, or lack of an equivalent
local government policy, constitutes an interjuris-
dictional incompatibility.
This definition of an interjurisdictional incompatibility is
not the same as that set forth in the Charter under Section 7.3.
Definitions. This is precisely why the performance standards may
not be used for certification of consistency with the Countywide
element because that would, in fact, modify the local plans
without the Council having first identified a II, then allowed
the local government to attempt to resolve it and then, if reso-
lution is impossible, to resolve it, themselves, through amend-
ment of one of the land use elements. An important step in the
process has been eliminated by the Council simply independently
creating these policies. The Municipal League does not object to
the performance standards being utilized for identification of
lIs in the plan amendment process because, if that were done, the
local governments would have an opportunity to resolve the II
before it was simply mandated by the Planning Council that the
local government modify its plan. Once again, the Planning
Council has not followed the mechanism set forth in Section 7.8
of the Charter and thus, may not modify local governments plans
in this manner.
Remember, these performance standards should not be utilized
in certification of consistency with the Countywide element. If
they are utilized for this purpose, your local plans will be
modified without the Council having ever identified a II as
required by the Charter.
B. PERFORMANCE STANDARDS
1. The Municipal League objects to the inclusion of "land
20
development regulations" in this performance standard as the
Charter grants no authority over land development regulations to
the Planning Council.
2. Once again, the Planning Council has no authority over
land development regulations; thus, the words "land development
regulations" should be deleted. Further, this performance stand-
ards simply begs the question. Here we are all promising that we
will never allow any kind of designation which would create a II.
Of course, no local government sets out to create a II on pur-
pose, thus, this policy is superfluous and cannot be implemented.
,.
3. The Planning Council did not act on this performance
standard at the July 14, 1990 public hearing; thus, this perform-
ance standard should no t be incl uded in this draft element.
Further, it should be deleted because level of service issues are
traffic circulation element requirements under 9J-S.007(3)(c)(1).
The Countywide Traffic Performance Standards Ordinance already
implements levels of service countywide so this standard is
duplicative and entirely unnecessary.
4. The Council added the words "where legally permissible"
on this performance standard. The Supreme Court of Florida
recently issued an opinion in the "Joint Ventures" case which
indicated that the taking of property through rights-of-way maps
where the owners have no beneficial use of that property consti-
tutes a "taking" for which compensation is immediately due. The
municipalities should not accept this type 0 f liability for the
non-municipal roadway network. If the County desires to accept
this type of liability then it is up to them to do so. There are
severe legal problems and liabilities which may ensue if this
performance standard or a similar policy is included in municipal
plans.
S. This standard is extremel y vague. How is it to be
implemented?
6. This performance standard is a requirement under the
Housing Element pursuant to 9J-S.010(3)(c)(2) and is beyond the
Planning Council's jurisdiction. This performance standard
should be deleted. The Planning Council's cumbersome processes
violate this standard.
7. This performance standard is beyond the Planning Coun-
cil's jurisdiction. Objectives dealing with affordable housing
are required in the Housing Element pursuant Rule 9J-
S.010(3)(b)(1) and (3) . The Counc i 1 has not provided data and
analysis to identi fy II s based on the impl emen ta ti on of the
adopted local plans. Further, while racial integration is de-
sirable, the Council does not have jurisdiction to impose its own
"desirable" goals upon local governments. Adequate and afford-
able housing is a Housing Element required policy not a land use
one. Section 1983, Civil Rights Act Litigation is a probable
outcome of efforts mandated by local governments in this vein.
This performance standard should be deleted.
21
.m
,
8. While coordination between the School Board and local
governments is clearly desirable, the School Board is not a local
government under the Charter and as a result, there can be no lIs
regarding the School Board. Further, the School Board will not
be bound by this performance standard; only local governments
will be bound. There are serious constitutional issues associat-
ed with approving or denying development orders on the basis of
perceived racial impacts. This performance standard should be
deleted.
9. This performance standard is beyond the Council's juris-
diction. Policies addressing protection of aquifer recharge
areas and water conservation techniques are required by Rule 9J-
5.011(2) (c)(4) an d 9 J - 5 . 0 11 ( 2 ) ( c) (3 ) as part of the Sanitary
Sewer, Solid Waste, Drainage and Potable Water and Natural Ground
Water Aquifer Recharge Element. Water consumption is regulated
by the South Florida Water Management District. No interjuris-
dictional incompatibility has been identified through the analy-
sis of the impact of the implementation of an adopted local
government's comprehensive plan. In fact, the Council's data and
analysis does not demonstrate a problem in this area. Thus, this
performance standard is beyond the Council's jurisdiction and
should be deleted.
10. This performance standards may be deleted pending confir-
mation that SFWMD already addresses this issue.
11 . This performance standard is beyond the scope of the
Council's jurisdiction. The Council fulfilled its 9J-5 land use
element requirements through policies 10.1.1. and 10.1.2 with
regard to environmentally sensitive lands. The Council cannot
then independently identify other sites as "natural resources of
multijurisdictional significance" based on independent Council
criteria just because the Council thinks its definition is bet-
ter. In fact, if the Counc i 1 is accepting the designations of
environmentally sensitive lands within each local government's
comprehensive plan as adequate to meet the 9J-5 requirements,
then the Council cannot then require local governments to amend
their adopted land use elements to identify additional environ-
mentally sensitive lands sites through its consistency and review
procedures when those additional environmentally sensitive lands
are not mapped on the adopted Countywide Land Use Element.
Further, all local governments are bound by the Countywide Envi-
ronmentally Sensitive Lands Ordinance unless they have adopted an
ordinance of their own. A few local governments have done so;
otherwise all local governments are under the Countywide ordi-
nance at this time. This ordinance should be su ff ic ient to
protect environmentally sensitive lands and these lands should
all be mapped on local governments' plans at this time. This
performance standard is more onorous than the Countywide Environ-
mentally Sensitive Lands Ordinance and is entirely unnecessary.
This performance standard should be deleted.
12. This annexation performance standard is acceptable if
"
22
.'
,'"
12. This annexation performance standard is acceptable if
subparagraph b through e are eliminated. Local governments now
depict their proposed future annexation areas on their map series
and have no objection to notifying the Planning Council of all
proposed and approved annexations. However, the remaining items
are beyond the Planning Council's land use element jurisdiction.
Ru Ie 9 J - 5 . 0 15 ( 3 ) ( c) (4 ) requires policies resolving annexation
issues to be included in the intergovernmental coordi na ti on
element. Further, unless there is an interlocal agreement be-
tween the municipality and Palm Beach County pursuant to Section
163.3171(1), a proposed annexation area is not within the area of
municipal jurisdiction for comprehens i ve planning purposes.
Thus, any policies such as these included in the local plan for
annexation would be meaningless. Further, all annexations must
meet Chapter 171, F.S. The Planning Council has no role in en-
forcing this statutory requirement. This performance standard
should be deleted.
Although the Planning Council agreed to convert these former
"policies" into "performance standards" they are attempting to
utilize them as "policies" by utilizing each of these performance
standards to review your local government plan for consistency.
Additionally, if your land use and re la ted elements are not
certified, pursuant to Policy 1.3.7 these performance standards
become "Policies." When reviewed as policies, these standards
are much too vague to be implementable.
Some ,of these standards could be utilized appropriately in
the identification of lIs in the amendment process for future
land use element amendments. However, when utilized for consist-
ency review, they deprive local governments of their mandated due
process rights under the charter, as they will be applied retro-
actively against adopted plans without giving local governments
the opportunity to resolve the II. The manner in which these
performance standards are to be utilized is critical to local
governments.
VII. MONITORING AND EVALUATION PROCEDURES
INTRODUCTION
The first portion of this section simply recites Section
7.10 of the Palm Beach County Charter, Section 163.3191, F.S. and
Section 9J-S.005, Florida Administrative Code dealing with evalu-
ation and appraisal reports. The procedures for monitoring and
evaluation are found on Page 52. Under Section 1. 002( 1) the
wo rd s "the Plan" should be deleted and "the Land Use Element"
inserted. The Planning Council only has jurisdiction over a
Countywide Land Use Element not a Countywide Comprehensive Plan.
Section 1.002(l)(d) (p.S3) is incorrect. The local govern-
ment needs only to submit amendments to their land use element
23
'.
and certified related elements in accordance with the Charter.
Local governments are not required to submit all comprehensive
plan amendments to the Planning Council for review.
Section 1.002(1)(f) (p.53) - The Planning Council has no
jurisdiction whatsoever over the high speed rail program. When
and Where was this program ever discussed previously? This
subsection should be deleted.
Section 1.002(7) (a) (p.55) - This subsection is far beyond
the jurisdiction of the Countywide Planning Council. The Council
has no authority over traffic, mass transi t, housing, racial
integration, education, environmental, historic resources, rede-
velopment and renewal, and urban form. This subsection should be
deleted.
Section 1.002(8)(b) - The Planning Council has no authority
over implementation. This is sue is dealt with through land
development regulations and zoning codes which remain the prov-
ince of local governments. This subsection should be deleted.
VIII - CONSISTENCY WITH STATE AND REGIONAL PLANS
A. INTRODUCTION
This section has not been completed since changes are ex-
pected to result from the 45 day local government review and
comment period.
24
""
(ITY OF JJ~lnRY O~nO., , ... )
, , : r i ,- . : : " I ; I ' ' I I \! '\ .. 1 , ~ .11 .1 1 ,). . 1 . ,! I( I~ )
tv'Iarch 4, 1991
Carmen S. Annunziato, Executive Director
Palm Beach Countywide Planning Council
2290 Tenth Avenue N., Suite 501
Lake Worth, FL 33461
Re: CFLUE Response
Dear Carmen:
The materials transmitted with your letter of February 4, 1991,
are under review by appropriate individuals in the City of Delray
Beach. Your letter stated that local government written comments
are due on Monday, March 20, 1991. Noting that the 20th is not a
Monday and that we received the hand-delivered material on
February 5th, it appears that the 45 day review per iod would
expire on Friday, March 22nd.
Our local planning agency 'dill be providing their comments at a
public meeting scheduled for plonday, March 18th. Thereafter, the
City Commission will considered their recommendations on Tuesday,
March 26th. Accordingly, we Vlill be a little shy of your desired
date for formal submission of \.Jr i tten comments; however, vie will
have the local planning agency recommendation to you by March
22nd. The formal action of the City Commission will be provided
on March 28th.
I trust that the above schedule is responsive to your needs.
rQ~iallY,
~~~)j ck;.Ut((:~+-
David J. Kovacs, Director
Department of Planning and Zoning
c:
Commissioner Wm. AndreVls, C\vPC Representative
David Harden, City Manager
Alison McGregor, City Clerk
DJKidlm
DJK/#77/CARMEN.TXT
T ! r:;; '" 1\, r'.1 ;' 1 r r : ~ '.
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~':II -~ (:?....C(r-r:(-?'-..
~~ amd ifI~
ATTORNEYS AT LAW
BARRISTERS BUILDING
1615 FORUM PLACE, SUITE 200
iIIeJ.t gJak (!Jeaci, ff~ ,J,UrN AREA CODE 407
JOHN CORBETT TELEPHONE 640-9020
TRELA J, WHITE TELECOPIER 684-0833
February 14, 1991
David Harden, City Manager it;
, '
',.
City of Delray Beach .,\. .
" FEe 1 9 1991" .
100 N. W. First Avenue
Delray Beach, Fl. 33444
LI {-y 1V7"t; .
I "'>ht..tGrl~~' :' ..~,....._
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Re: Proposed Countywide Land Use Element
Comments Due from Municipalities - March 20, 1991
Dear Mr. Harden:
The Countywide Planning Council transmitted the proposed
Countywide Fu tu re Land Use Element (CFLUE) to all municipali ties
on February 1, 1991 for a 45 day review and comment period. Lo ca I
government written comments are due on Monday, March 20, 1991 and
should be submitted by Resolution of the governing body. A proposed
resolution is included for your use.
Si nc e this propos ed CFLUE is extremely lengthy and somewhat
confusing, I have been directed by the Municipal League to prepare a
memorandum setting forth the League's position on the policies, per-
formance standards and other sections of the proposed CFLUE.
This memorandum is meant to assist local governments in their
analysis of this lengthy document but is in no way meant to dictate
local governments' responses. Please utilize this memorandum in your
analysis if you desire to do so and any comments you may have with
regard to the CFLUE.
These written comments and your appearance at the LPA publ ic
hearing tentatively set for ~pril 16, 1991 will be critical in the
formulation of this CFLUE which will ultimately prevail over local
governments' land use elements when adopted by the Board of County
Commissioners and approved by the Department of Community Affairs.
Should you have any questions with regard to this matter, please
do not hesitate to contact me.
"
Sin~~ ely, /d ,,///,/,/ ../.
~~UtA<<~:Z;Z
, ela J. Wh! ,Esq.
. Special ProJect Attorney
Palm Beach County Municipal
League, Inc.
TJW:blp
cc: Municipal Planning Department
'.
M E M 0 RAN DUM
TO: ALL MUNICIPALITIES
FROM: TRELA J. WHITE, ESQ. SPECIAL PROJECT ATTORNEY A ~:/ /
jj/v
PALM BEACH COUNTY MUNICIPAL LEAGUE, INC. \ '
:".
; !
FEBRUARY 14, 1991 i
DATE:
RE: ANALYSIS OF PROPOSED COUNTYWIDE FUTURE LAND USE ELEMENT
TRANSMITTED BY THE PLANNING COUNCIL TO ALL MUNICIPALITIES
ON OR ABOUT FEBRUARY 1, 1991
In accordance with Section 7.8 of the Palm Beach County
Charter, the Planning Council has prepared its proposed County-
wide Future Land Use Element and has submitted it to all local
governments for a 45 day review and comment period.
All written comments are due to be submitted to the Planning
Council from each local government on-or before March 20, 1991.
The memorandum attached hereto is an analysis of the proposed
element which tracks the format established by the Planning
Council and follows it with comments on Sections I through VIII.
Simply start with the Introduction found on Page 7 of the Plan-
ning Council's document and Page 1 of this memorandum in order to
compare the Municipal League's position with the narrative and
policies found in the Planning Council's proposed Countywide Land
Use Element.
An analysis of the Procedural Rules found in the appendix of
the element will be submitted to you at a later date. These
procedural rules will not be adopted with the CFLUE but have
already been adopted by the Planning Council and need to be
streamlined.
This memorandum is submitted to assist you in your analysis.
Please transmit your comments to the Planning Council by Resolu-
tion of your local governing body on or before March 20, 1991.
Remember, significant changes could be made to this document
at the public hearing which is tentatively set for April 16, 1991
at 7:00 p.m.
TJW:blp
~~ amd if'1de
if'.t .9>. ~~, F~ .1MOI
I. INTRODUCTION
A. AUTHORITY AND ESTABLISHMENT OF THE PLANNING COUNCIL
This is pretty much a recitation of Charter sections.
B. DEVELOPMENT OF THE COUNTYWIDE FUTURE LAND USE ELEMENT
The first portion of this text simply recites the Charter
section 7.3 - Definitions of interjurisdictional incompatibili-
ti es ; however, the paragraph following the quotation of these
definitions is objectionable. This introduction states that the
policies were developed as tools to perform the Charter mandated
analysis of the composite plan and that the Council's policies
function as tools for the identification of potential incompati-
bilities. It further states that the go al s , objectives and
policies of the local plans were analyzed for interjurisdictional
incompatibilities by comparing them against the Council policies
and a list of potential policy incompatibilities was developed.
This is simply not true. The Planning Council has repeatedly
stated that they created the policies over a period of the past
three years. During that time, they had none of our comprehen-
sive plans as none were due to be adopted until 1989. Further,
please note the cover letter sent with your July 24, 1990 packet
which states that "policy incompatibilities are instances where a
local comprehensive plan is inconsistent with any of the Coun-
cil's "ensure" statements from the Council's adopted policies.
The Council simply did not review these policies against adopted
policies to identify lIs. Similarly, in the introduction state-
ment dealing with policy potential incompatibilities as part of
the July packet, the Planning Council states that they have
adopted policies in various topic areas. They further define a
II as an inconsistency between a local plan and a requirement of
a Council policy or the lack of an equivalent local government
policy. This is not what the Charter mandates.
The mapped potential incompatibilities were completed in
accordance with the Charter requirements.
Paragraph 2 on page 8 is incorrect. The local governments
were not notified in writing as to the specific nature of the
policy incompatibility findings. They were simply sent a letter
stating that if their plan did not contain these policies as
adopted by the Planning Council, then their 'plan was inconsist-
ent. The last sentence of paragraph 2 on page 8 indicates that
the performance standards will be utilized to resolve incompati-
bilities; however, the Planning Council clearly intends to uti-
lize these per~ormance standards in its consistency and certifi-
cation review. Please see VI, Performance Standards, paragraph
A, Introduction, on page 48. Further, please note Policy 1.3.7
which states that if the local government's fu tu re land use
element is not consistent, then not only wi th the Countywide
future land use element prevai 1 but so will all the adopted
performance standards! This language should be modified.
1
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Further, paragraph 2 on page 8 states that the Council
considered the merits of the local governments' responses prior
to preparing the proposed element. If this is true, the proposed
CFLUE would not still contain all the policies and narrative that
is so clearly beyond the jurisdiction of the Planning Council.
Further, many of the proposed policies cannot have been part
of the "composite plan" as many of these policies have been found
in no plans, at all. The Planning Council simply created these
policies independently. Further, it should be noted that while
this language indicates that the Council is simply setting up
standards to identify and prevent incompatibilities that is
simply not what they intend to do with these performance stand-
ards as indicated in the comments above and the citations noted.
C. RELATIONSHIP OF THE COUNTYWIDE FUTURE LAND USE ELEMENT
TO LOCAL COMPREHENSIVE PLANS
There appears to be a mistake in paragraph 1 of this subsec-
tion. The consistency review and certification process is out-
lined in Section 7.11 of Article VII, not in Section 7.12.
Further, while the consistency review and certification process
may be governed by the Council's adopted procedural rule, it
should be remembered that the procedural rule cannot be in con-
flict with the Charter.
Paragraph 3 of subsection C is inaccurate. The Planning
Council was not created to address "Countywide Issues" and
"public concerns that require a countywide approach". Rather, it
was created to oversee the planning process of all local govern-
ments and to address interjurisdictional incompatibilities which
resulted in the implementation of the local plans. This Council
continues to insist on superseding local plans and creating some
type of "Countywide vision". This is simply not the mandate of
the Charter. Further, the quote from Section 7.18 of Article VII
is incorrect; the intent is to prov ide Countywide "uni ty" not
Countywide "uni formity" . This should be corrected and this
paragraph should be reworded.
paragraph 4 of subsection C also erroneously espouses this
philosophy that this Planning Council was created to address
"Countywide issues". This is simply not what the Charter states.
The 9J-5 Policies are not those which deal with strictly local
issues while the Council is able to focus on those larger County-
wide issues. Where did the Planning Council incorporate by
reference local government "9J-5 policies" and all data and
analysis in support? Addi tionally, this paragraph attempts to
justify placing items in the land use element that are minimum
criteria for other elements. The Council cannot do this.
The last paragraph in this subsection should be clarified to
indicate that a local planning agency's role is always
"advisory". It may only make recommendations to the local govern-
ing body in accordance with Chapter 163, F.S. Further, this
paragraph should be clarified to track the Charter language
2
indicating that the evaluation and appraisal report may be pre-
pared not more than once every two years; th us , the Planning
Council can only initiate amendments based on the evaluation and
appraisal reports which may be created no more than once every
two years.
D. RELATED DOCUMENTS
Each local government should look carefully at the data and
analysis summaries contained in this booklet. They are lacking
in substance. , Further, each local government should look care-
fully at the "adopted procedural rules" section of this document,
as these rules may conflict with the Charter. I will submit a
memorandum with regard to the procedural rules under separate
co ve r in the very near fu ture. These procedural ru Ie s will
become increasingly significant to all local governments as they
set forth the time frames under which all plan amendments and
plan consistency reviews will be conducted. At this time, the
rules are very confusing and need to streamlined.
II MAPPED AND POLICY INTERJURISDICTIONAL INCOMPATIBILITIES
A. MAPPED INTERJURISDICTIONAL INCOMPATIBILITIES
Generally speaking, the mapped interjurisdictional incompat-
ibilities were conducted in accordance with Charter requirements;
the local governments were given the opportunity to respond to
the potential lIs and to resolve them, themselves.
Each local government should look carefully at this section
to make certain the resolution is accurate for their particular
local government.
B. POLICY INTERJURISDICTIONAL INCOMPATIBILITIES
This Section is incorrect. The potential policy incompati-
bilities were never identified as being created by the implemen-
tation of a local plan. The Planning Council simply formulated
its own independent policies and determined that these policies
would supersede the local policies. Further, the League objects
to the use of performance standards to evaluate plans and related
elements for consistency certification since this process elimi-
nates important due process rights mandated by the Charter. This
entire paragraph should be reworded.
III COUNTYWIDE FUTURE LAND USE MAP SERIES
A. INTRODUCTION
Generally, this paragraph is accurate. Each local govern-
ment should check to make certain its position is represented
accurately in the tables and map series.
3
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B. DISCLAIMER
Self-explanatory. However, what good is the map series if
you can not tell what a specific piece of property is designated?
Who will determine actual designations and based on what crite-
ria.
C. LOCAL GOVERNMENT OVERLAYS AND CONDITIONAL LAND USE PROVISIONS
This Section simply indicates that the conditional use
provisions utilized by many local governments was difficult to
convert to the land use categories for the common classification
system. Each local government should check these tables to make
certain their position is accurately portrayed.
D. COUNTYWIDE FUTURE LAND USE MAP SERIES
Each local government should check the map series to make
certain its maps are portrayed accurately. The historic re-
sources map and issues regarding historic resources of multi-
jurisdictional significance were tabled at the January 14, 1991
public hearing and thus should be eliminated from this document.
IV DEFINITIONS
Many of the definitions come from Rule 9J-5.003, F.A.C. or
Chapter 163. These definitions should be carefully reviewed
because they will determine the scope of many of the policies in
the element. Certain definitions will be highlighted here.
CERTIFICATION FOR CONSISTENCY - This definition ties into
the language on Page 48 regarding the use of the performance
standards for review of the local government land use elements
and related elements and for the review of amendments to the
Countywide Future Land Use Element. As mentioned in the section
dealing with the performance standards, this approach is unac-
ceptable.
CONCURRENT - This definition is much stricter than the
definition in 9J-5.0055(2). What is the justification for this?
COUNTYWI DE FUTURE LAND USE ELEMENT - This definition is
totally inaccurate. First, this element is not a composite of
local governments' future land use elements since policies are
made up independent of any composite plan. Second, how could it
be a composite of related elements since no one knows what the
related elements are until local governments submit elements for
certification?
ESSENTIAL PUBLIC SERVICES - What is this definition used
for?
ESTUARY - This definition is close to the definition in 9J-
5. 003 ( 32 ) . However, that definition incl udes , after semi -
enclosed, the words "naturally existing". Those words should be
4
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5.003(32).
ESTUARINE SHORE - This definition should read as fo 11 ows
"the shoreline of an estuary."
LAND DEVELOPMENT REGULATIONS - There are two definitions of
land development regulations in Chapter 163. The Planning Coun-
cil has picked the definition from Section 163.3164(22) rather
than the definition in Section 163.3213(2)(b). The difference is
the definition chosen by the Planning Council includes rezonings
and building code requirements. By using this definition, it
indi ca tes that the Planning Council plans to review rezoning
decisions of the local governments.
MIXED LAND USE - This definition is not very clear.
SANITARY SEWERAGE - This should be ti tled "Sanitary Sewer
Facilities" to make it consistent with 9J-S.OO3(87).
SURFACE WATER - This definition comes from the County's
Comprehensive Plan. Why is it included?
SURFACE WATER IMPROVEMENT AND MANAGEMENT (SWIM) ACT - Why is
this definition included?
URBAN SERVICE AREA - What does this definition mean? Local
governments are required to establish levels of service whether
areas are within urban service areas or not.
V. FUTURE LAND USE GOALS, OBJECTIVES, AND POLICIES
As a general comment, there is no data and analysis showing
the need for any of these goals, objectives, and policies arid no
justification as to why they are needed to resolve or prevent
interjurisdictional incompatibilities. Most of the objectives
are not measurable and are not supported by the data and analy-
sis. Many policies do not describe activities and programs that
will implement the plan.
A. INTRODUCTION
The Introduction section is confusing. The introduction
states that there are two types of goals, objectives, and poli-
cies - "administrative" and "encourage". The "9J-5" policies are
included with the "administrative" policies. Although in the
introduction these policies are separated into two types, (when
there are actually three types), they are not separated in the
te xt ; thus it is up to the reader to determine which type of
policy each purports to be. Since the Planning Council intends
to utilize the different types of policies for different pur-
poses, it would be much simpler if they were divided under sepa-
rate headings. Specifically, the following items in the intro-
5
duction should be clarified:
1- "9J-5" Policies are not administrative policies.
2 . "Admin is trat i ve" policies should not be utilized for
consistency review or certification.
3. Performance standards should not be utilized for con-
sistency review or certification.
4. "Encourage" policies may not be considered as a basis
for consistency review and certification. How the Council
plans to use these is unclear. For example, how will Coun-
cil use encourage policies to review amendments to the this
element - if a local government does not allow accessory
apartments per Policy 3.1.3, does this mean no amendments to
the countywide element proposed by that local government
will be approved?
B. GOALS OBJECTIVES AND POLICIES
LAND USE
--
Goal 1 - This is simply a recitation of Section 7.2 of Arti-
cle VII of the Palm Beach County Charter.
Objective, 1.1 - ok
Policy 1. 1. 1 - The procedural rules to govern the implemen-
tation of the Countywide Future Land Use Element should have been
in place long before the adoption of the element so that each
local government would fully understand the process before being
subjected to it.
Policy 1.1.2 through 1.1.5 - These policies simply recite
the Charter and are redundant. They are not necessary as the
Charter already states all these facts. Please note in Policy
1.1.4 instead of the word "not ing" the words "identifying and
addressing" should be inserted if this policy is to remain in the
text.
Objective 1.2 - This objective and Policies 1.2. 1 through
1.2.4 are acceptable; however, Policy 1.2.4 indicates that the
Council should adopt, within one year of element adoption, proce-
dural rules to govern the review of amendments. This procedural
rule should be completed long before that time so that all local
governments will fully understand the process before being sub-
jected to it. Al so , the second sentence of the objective is
unclear - what other related information will be contained in the
map series.
Policy 1.2.5 through 1.2.8 - represent Policies 1 through 4
of the "9J-S" land use policies and are acceptable as "pas s
6
"
""
through" land use policies.
Objective 1.3 - strike words "and certification". Council
is supposed to resolve lIs through the plan preparation process,
not the certification process.
,
Policy 1.3.1 - Once again, the procedural rules should be
completed well before the time set forth in this policy in order
that local governments may clearly understated the process before
be subjected to it.
Policy 1.3.2 - Council only has jurisdiction over land use
element and related elements. Amendments to non-certified element
are not Council concern.
Policy 1.3.3 - Object to the wording in subparagraph a. The
performance standards should be utilized for identification of
lIs in future plan amendments, not for certification and consist-
ency as no lIs have ever been identified. In accordance with
Section 7.8 of the Charter, the composite plan may only be modi-
fied when lIs have been identified; th us , these performance
standards may not be utilized to modify existing plans or prevent
them from being certified as consistent.
Policy 1.3.4 - subparagraph a - strike the following words
"and the Planning Council receives no adverse public comment".
There is no Charter authority for that language to be included.
No policy addres ses the si tuation where no potential mapped
interjurisdictional incompatibilities are identified.
Policy 1.3.5 - Not clear how this will occur. This policy
is too vague given the types of encourage policies in the ele-
ment.
Policy 1.3.6 - This policy should be clarified as to how
thes e po Ii ci eS actually will be used and should clearly state
that the "encourage policies" shall be used in an advisory capac-
ity only, as is noted in Policy 1.3.5 above.
Policy 1.3.7 - Section 7.9 of the Charter states that
unless the local government's adopted land use element has been
certified as consistent with the adopted Countywide Future Land
Use Element the Countywide Future Land Use Element shall prevail;
however, nothing in the Charter states that the "adopted perform-
ance standards shall operate with the full effect of Countywide
Future Land Use element policies". This is onerous and objec-
tionable and must be stricken. These performance standards do
not meet the requirements for policies pursuant to 9J-5. This
policy is inconsistent with the language in the Introduction on
Page 48 of the Element.
Objective 1.4 - ok.
Policies 1.4.1 through 1.4.4 - are acceptable " 9 J - 5 pa s s
through" policies. The issues in Policy 1.4.3 are issues the
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Council should have reviewed independently rather than ignoring
the issues by passing through local governments policies.
Objective 1.5 - ok.
Policies ,1.5.1 through 1.5.2 - are acceptable "9J-5 pass
through" policies.
Policy 1.5.3 - This policy cannot be implemented and should
be deleted. What does the Council propose to do? How would this
encourage policy be used in plan amendment review process?
Policy 1.5.4 - How can a public agency establish and promote
private foundations? Doesn't the Planning Council have enough to
do without getting involved in this type of effort? Who is going
to fund this kind of program? - This policy should be deleted.
Policy 1.5.5 - There is no Charter authority for intergov-
ernmental transfer of development rights. TDRs are land develop-
ment regulations and are beyond the jurisdiction of the Planning
Council pursuant to Sec. 163.3202(3), F.S. This policy should be
deleted.
Objective 1.6 - Not acceptable. The Planning Council has no
authority over land development regulations.
Policy 1.6.1 - This is an acceptable "9J-5 pass through"
policy - former land use "ensure" policy 12.
Policy 1.6.2 - This policy should be deleted as beyond the
jurisdiction of the Planning Council as it has no authority over
land de ve 10 pmen t regulations, zoning, etc. As wr it ten, the
Planning Council could review a local government's zoning code
when reviewing proposed amendments to the Countywide Future Land
Use Element to see if this "encourage" policy is being met
( Pol icy 1. 3 . 6 ) ,.
Objective 1.7 - Nothing in the Charter gives the Planning
Council a role in adopting community standards for urban form.
Whose community standards - the Council's or each local govern-
ment's? This is well beyond the Council's jurisdiction.
Policy 1.7.1 through Policy 1.7.3 are acceptable as "9 J- 5
pass through" policies; they are former land use "ensure" poli-
cies numbers 13, 15 and 16, respectively.
Policy 1.7.4 - Land development regulations are beyond the
authority of the Planning Council; further, it is up to each
local government to determine whether it wishes to utilize tradi-
tional town planning concepts or other equally beneficial plan-
ning tools for its growth management plan. This policy should be
deleted.
Policy 1.7.5 - This policy is internally inconsistent with
Policy 1.7.4, especially when applied to the mid-County area.
8
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Policy 1.7.6 How will Council do this? What standards will
be applied? Will the Council discourage downtown centers if the
Council does not like the process a local government used to set
urban design standards?
Policy 1.7.7 What are "urban centers"? Is this inconsist-
ent with Policy 1.7.5?
Policy 1. 7.8 - There is no authority for the Planning Coun-
cil to sponsor RUDATs; who will pay for this type of program?
Each local government has its own vision of the future and should
be allowed to continue to express its own individuality. This
policy should be deleted as it is well be yo nd the Council's
jurisdiction.
Policy 1. 7 . 9 - This policy should be deleted. The Planning
Council cannot create a plan from scratch. The Council is limit-
ed to the composite plan unless lIs are identified in accordance
with Section 7.8 of the Charter. This would totally supersede
local planning efforts.
Policy 1.:7.10 - This policy should be deleted. It also is
inconsistent with Policy 1.7.4.
Objective 1.8 - This objective should be reworded. The
Planning Council is reactive not proactive in accordance with the
terms and conditions set forth in the Charter. The Planning
Council has no authority to review the impacts of development.
Policy 1.8.1 - This policy should be reworded or stricken as
the Planning Council has no jurisdiction over "Countywide Plan-
ning Issues". The Council's mandate under the Charter is to
identify lIs in the implementation of the plans of the 38 local
governments after putting together the composite land use ele-
ment.
Policy 1. 8.2 - Will the Council's budget allow this type of
activity? Why doesn't the Council do what it was charged to do
under the Charter?
Policy 1.8.3 - This entire policy should be deleted. Why
set up yet another layer of bureaucracy? The Planning Council
now has membership from the South Florida Water Management Dis-
tr ic t, the School Bo ar d , the County and all municipali ties.
Coordinating planning countywide is what the Council was supposed
to be doing! This policy is redundant, unnecessary and a waste-
ful expenditure of taxpayers' money.
Policy 1.8.4 - ok
Policy 1.'8. 5 - The Planning Council has no multi-county
jurisdiction. This policy represents bureaucratic empire build-
ings. This policy should be deleted.
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TRAFFIC
Goal 2 - This goal is a traffic circulation element require-
ment over which the Planning Council has no jurisdiction. This
goal should be deleted.
Objective 2.1 - The Planning Council does not set levels of
service. The County Commission and local governments do this.
The Planning Council can make recommenda ti ons regarding con-
strained facilities and geographic areas of exception. Either
reword or delete this objective.
Policy 2.1.1 - One year is too 10 ng . The firs t set of
applications may be submitted June 1991. The procedural rules
should be in place such that all governments will know what is
expected of them prior to the commencement of the process.
AFFORDABLE HOUSING
Goal 3 - Affordable hous ing is covered fu 11 y un de r the
housing elements of all loca I government plans; this goal is
beyond the jurisdiction of the Planning Council in creating a
countywide land use element. This goal should be deleted.
Objective 3. 1 and Policy 3.1.1 through 3.1.3 should be
deleted as beyond the jurisdiction of the Planning Council. How
is Policy 3.1.2 to be implemented? Policy 3.1.3 is a zoning
issue, not a planning one. It is beyond the County's juriSdic-
tion.
AGRICULTURE
Goal 4 - Delete the words "and to encourage appropriate land
development regulations to be implemented." The Planning Council
has no jurisdiction over land development regulations. Rather
than focus on existing use of land for agriculture, should focus
on lands designated for agriculture in plan.
Objective 4.1 - Encourage objectives are not to be utilized
to prevent certification of a plan. The Planning Council cannot
implement programs and practices - all it can do is refuse to
redesignate currently designated agricultural lands.
policy 4.1.1 - This is redundant. The Planning Council must
make a composite plan prior to creating the countywide future
land use element and take into consideration all land uses, not
simply agricultural land uses.
Policy 4.1. 2 - Once agai n, this shou Id ha ve already been
done when the composite plan was analyzed. This policy makes no
sense.
Policy 4.1.3 - How can the Planning Council do this? The
entire Agricultural Reserve Area is in the unincorporated area,
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so where is the II?
Policy 4.1. 4 - The Planning Council can only modify a com-
posite plan if a II exists; it may not modify a plan because of
in format ion found in . the "Agr icul tural Reserve Area Study".
Again, where is the II since the Agricultural Reserve Area is all
in the unincorporated area?
Policy 4.1. 5 - The Planning Council has no jurisdiction to
implement this policy. If the Council has any concern, it should
be in areas designated for agricultural purpos es on land use
plans not over lands "used" for agricultural purposes.
Policy 4.1. 6 - This policy is redundant. The South Florida
Water Management District is handling this program. Further,
where is the II?
COASTAL MANAGEMENT
Goal 5 - This goal is beyond the jurisdiction of the Plan-
ning Council; this goal belongs in the coastal management element
of coastal local governments' comprehensive plans. The Planning
Council is charged with evaluating existing plans and identify-
ing lIs. This goal has nothing whatsoever to do with the Charter
mandate.
Objective 5.1 - Sounds nice but this is covered under inter-
governmental coordination and coastal management elements of all
local government plans. Where is the data and analysis demon-
strating a failure of the existing planning mechanisms to address
this issue?
Policy 5.1.1 - The Planning Council should have done this
with their analysis of the composite plans.
Policy 5.1.2 - What does this policy mean - will the Beaches
and Shores Council now be reviewing future plan amendments? This
policy should be deleted.
Policy 5.l.3 - This policy is beyond the Council's jurisdic-
tion and is too vague. What does the term "excessively burden"
mean and who will decide this?
Policy 5.1.4 - This policy is beyond the Council's jurisdic-
tion; it belongs in the coastal management element for affected
local governments.
Policy 5.1. 5 - This is former coastal management policy no.
2 and is an appropriate "9J-S pass through" land use policy.
Objective 5.2 - Beyond Council jurisdiction - already regu-
lated by state permitting agencies.
Policies 5.2.1 through 5.2.4 - should be deleted. These are
11
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redundant and beyond Council jurisdiction. Local governments are
required to consider the impacts identified in Policy 5.2.1 when
securing permits for the enumerated facilities. How is the
Planning Council involved in the permitting process? How would
Policies 5.2.3 and 5.2.4 be used? If a local government does not
have these programs, are all future plan amendments denied?
Objective 5.3 and Policy 5.3.1 and Policy 5.3.2 should be
deleted as beyond Council jurisdiction. To meet this objective,
the Planning Council should evaluate the plans for lIs. If those
are found, then the Council should proceed with the notification
of local governments and the resolution process as set forth in
the Charte r. How could the Council possibly implement this
policy as drafted? All of the issues identified in the policies
are addressed by permitting agencies. Council has no role in
their processes.
EDUCATION
Goal 6 - Schools are not a concurrency item and the Planning
Council cannot make them one; thus a period shou ld be placed
after the word "Countywide" and the remainder of this sentence
should be deleted. Specifically, delete the words "and ensures
that educational facilities and their supporting infrastructure
are avai labl e', concurrent and cornmensura te with residential
development."
Objective 6.1 - What does this mean? It is too vague and is
clearly not measurable.
Policy 6.1. 1 - Good luck on this one. This would only work
if the School Board agreed to be bound by plans showing locations
of school sites. They are not willing to do this since they must
wait to see population figures of certain areas prior to acquisi-
tion of school sites. The School Board is reactive not proac-
tive and will not be bound by this type of land use planning.
The School Board also greatly considers fiscal issues (i.e. : How
much does the land cost?) in selecting school sites. Delete this
policy.
Policy 6. 1. 2 - Ok if the School Board will do this. This
policy is beyond the Council jurisdiction. The School Board is
not a loca I government and will not be bound by any of th es e
policies.
Policy 6.1.3 and 6.1.4 - same cornmen t . Al so , in Policy
6.1.4, who are "concerned entities"?
Policy 6.1.5 - While all local governments support mainte-
nance of racially balanced schools in accordance with the law, it
is impossible for local government to implement any type of
regulations dealing with racial balance. - Delete this policy.
" HISTORICAL RESOURCES
12
,III
Goal 7 - ok
Objective 7.1 - Ok as long as only policies implementing the
objective are "9J-S" pass through" policies. Otherw ise, the
"protect" part gets into LOR's which are beyond Council jurisdic-
tion.
Policy 7.1.1 - This is an appropriate "9J-S pass through"
policy which is appropriate for the land use element and was
formerly Historic Preservation "ensure" policy number 1.
Policy 7.1.2 - This is former Historic Preservation "ensure"
policy number 2 and is appropriate as a "9J-S pass through" land
use policy.
Objective 7.2 - This objective should be deleted as it was
tabled at the public hearing on January 14, 1991-
,
Policy 7.2.1 - This policy should be deleted as this issue
was tabled at the January 14th public hearing.
Objective 7.3 - This objective should be deleted or reworded
as the Planning Council has no land development regulation au-
thority. Also, these resources have been protected in the local
plans pursuant to Policy 7.1.1.
Policy 7.3.1 - This policy is redundant - Policy 7.1.1
requires local governments to ensure the protection of Historic
Resources and Policy 7.1.2 requires implementation activities.
These are sufficient.
Policy 7.3.2 - This policy should be deleted - the Planning
Council has no authority over zoning codes or land development
regulations, etc. The Council has already adopted as sufficient
local efforts in Policies 7 . 1. 1 an d 7. 1 . 2 . Where has Council
identified a need to "better protect" these resources?
Objective 7.4 - Is this really necessary? Where is Planning
Council charge to do this?
Policy 7.4.1 - How can a publ ic agency promote pr ivate
foundations to raise funds for preservation of historic re-
sources? This is beyond the jurisdiction of the Planning
Council. Surely the Planning Council has sufficient duties to
perform without getting involved in this type of activity.
Policy 7.4.2 - How would Council do this? It is beyond the
jurisdiction of the Planning Council - this policy should be
deleted.
Policy 7.4.3 - This policy should be properly located in the
plan as Policy 7.1.3 and delete the entire Objective 7.4 and its
policies.
Policy 7.4.4 - Why ~ake this a policy; why not just do it?
13
'.
PUBLIC SERVICES AND FACILITIES
Goal 8 - This goal should be reworded to state as follows:
"It is the goal of the Planning Council to resolve lIs by ensur-
ing that there are adequate public services and facilities to
serve planned, development in an efficient and cost effective
manner. " The only way the Planning Council can prevent growth
management disputes is by identifying and resolving lIs. The
Council is not a service provider so it cannot ensure the provi-
sion of public facilities in an efficient and cost-effective
manner.
Objective 8.1 - What are "regional and community public
serv ices and faci Ii ties "? If they do not serve more than one
government, how can there be a II? Council has not through its
data and analysis identified a problem with existing plans and/or
programs in this area.
Policy 8.1.1 - What does this mean and what purpose does it
serve? Most agencies seem to know their own service areas! If
this is dealing with proposed annexation areas, it should be
placed under that section; if not, these responsibilities are
determined by jurisdictional boundaries or interlocal agreements.
Policy 8.1.2 - The Planning Council may participate in this
Intergovernmental Review Committee should it desire and should
the County believe its presence is desired; however, why should
this be a policy? Further, the County plan does not discuss
countywide levels of service nor does it purport to make recom-
mendations to standardize minimum development criteria county-
wide. This would be possible only through Charter amendment.
Also, the Committee was supposed to be established by September
1990.
Objective 8.2 - What are regional and community public
safety facilities and services? Unless this is defined, this
objective is meaningless.
Policy 8.2.1 - This entire policy is beyond the jurisdiction
of the Planning Council. What II has been identified? Has the
Council identified examples of a local government not being able
to determine the adequacy of its public safety resources when
reviewing major building projects? Whether a local government
uses impact fees is determined by the local government in its
capital improvement element. That is not a Planning Council
issue. The Service provision issue is preempted by Section 7.18
of the Charter. Remember, only the land use element ordinance
will prevail over municipal ordinances. Further, what is the
Palm Beach County Peace Time Emergency Plan as approved by DCA?
This policy and objective should be deleted entirely.
Policy 8.2.2 - This is not a land use issue; this is not a
II issue; no Planning Council jurisdiction - should be deleted.
14
"
Policy 8.2.3 - Why is this necessary and what will it accom-
plish besides giving the Planning Council something else to do?
This policy should be deleted.
Objective 8.3 - This is not a land use issue; this is not a
II issue - should be deleted.
Policy 8.3.1 - This policy is found in the County library
serv ices el emen t; this is not a countywide land use element
issue. This policy should be deleted. Where is the data and
anal ys is the Council has used to determine that the Library
Taxing District should represent the "minimum level of service
standard"? Council has no jurisdiction to set a library level of
service.
Policy 8.3.2 - No Planning Council jurisdiction - this
policy should be deleted.
Objective 8.4 - This objective and all policies thereunder
belong in the recreation and open space element per 9J-5.014.
This entire section should be deleted. On this specific objec-
tive, what constitutes sufficient land, facilities and natural
system areas? Has the Council identified a problem with what is
in the local plans?
Policy 8.4.1 - The Planning has no jurisdiction to establish
a recreation level of service.
Policy 8.4.2 - How would the Planning Council implement this
policy?
Policy 8.4.3 - The Planning Council should have already
done this pursuant to the requirements in Rule 9J-5.006(4)(a)5.,
F.A.C.
Policy 8.4.4 - Same comment as for Policy 8.4.3.
Policy 8.4.5 - If the County is already doing this study,
why is the Planning Council duplicating it?
Po 1 icy 8. 4 . 6 - What is this encourage policy based on? It
assumes that no local government has adequate public access. Has
the Council identified an existing problem?
Policy 8.4.7 - The Planning Council has no authority to
coordinate bike way placement countywide.
Policy 8.4.8 - How would the Planning Council implement this
policy?
Policy 8.4.9 - How would the Planning Council implement this
policy? Has the Coun,ci I identified deficiencies in existing
local plans in this area?
15
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for this objective or any of the policies thereunder. This is
duplicative as the Solid Waste Authority controls all of these
issues. Further, this is a 9J-5.011, Sani tary Sewe r , Solid
Waste, Drainage, Potable Water, and Natural Ground Water Aquifer
Recharge Element issuea This objective and all policies thereun-
der should be deleted. How could the Planning Council implement
this objective?
Policy 8.5.1 - Where is the Council jurisdiction for estab-
lishing a mediation process?
Policy 8.5.2 - This is clearly not a land use issue.
Policy 8.5.3 - The Council should have done this pursuant to
9J-5.006(4)(a)9.
Policy 8.5.4 - How would the Planning Council encourage
this?
,
Policy 8.5.5 - This would just inject one additional layer
of bureaucracy into this process and appears to be empire build-
ing.
Goal 9 - There is no Planning Council jurisdiction for most
of this goal, objective and these policies. The subject matter
belongs in the Sanitary Sewer, Solid Waste, Drainage, Potable-
Water and Natural Ground Water Aquifer Recharge Element pursuant
to 9J-5.011(2). This goal and all policies except Policy 9.1.3
should be deleted.
Objective 9.1 - Is there a lack of cooperation now that the
Planning Council has identified?
policy 9.1.1 - How? Rallies and marches?
Policy 9.1.2 - How will Planning Council do this? Will
fu ture amendments be denied if loca 1 governments do not have
water system interconnects?
Policy 9.1.3 - This is former "ensure" water policy number 1
which is an acceptable 9J-5 pass through land use policy.
Objective 9.2 - Is there an existing problem the Planning
Council has identified?
Policy 9.2.1 - How will Council implement this policy? Will
future amendments be denied if local governments have not ex-
plored these alternatives?
,.
Objective 9.3 - Is there an existing problem the Council has
identified?
Policy 9.3.1 - Once again, this policy and other wa te r
conservation techniques are required by Rule 9J-5.011(2)(c)4 and
9J-5.011(2)(c) (3) as part of the Sanitary Sewer, Solid Waste,
16
Drainage and Potable Water and Natural Ground Water Aquifer Re-
charge Element. This policy and policies 9.3.2 through 9.3.4 are
more appropriate in an entirely different element of a comprehen-
sive development plan and should be deleted.
Policy 9.3.2 - The data and analysis section on Page 102
says the South Florida Water Management District governs this
topic. How does the Council plan to inject itself into the
existing regulatory process?
Policy 9 . 3 . 3 - These items are governed by existing
regulatory program. How would the Planning Council inject itself
into these processes?
Policy 9.3.4 - This policy is beyond the County jurisdiction
as it governs the issuance of development orders. Where is the
data and analysis to support the need for this policy?
Objective 9.4 - This objective and the policies thereunder
should be de leted as they are beyond the jurisdiction of the
Planning Council. Thes e items belong in the Sani tary Sewer,
Solid Waste, Drainage and Potable Water and Natural Ground Water
Aquifer Recharge Element. The data and analysis does not indi-
cate a II exists in this area.
Policy 9.4.1 - Hasn't this already been done by each local
government in its infrastructure element? This is not a II issue
nor a land use issue.
Policy 9.4.2 - How would the Planning Council implement this
policy? Would all future land use plan amendments be denied if
the local government permitted septic tanks? Who would be re-
sponsible for the temporary taking claims if a local government
implemented this policy by denying development orders in an area
within the urban service area that is not currently served by
utilities?
Policy 9.4.3 - How would the Planning Council implement this
policy? Isn't this already accomplished by the Environmental
Control Rule that requires hookup to sewer systems once lines
become available?
Objective 9.5 - same comment - beyond jurisdiction of Plan-
ning Council these items belong in the Sanitary Sewer etc. ele-
ment of a comprehensive plan. Where is Planning Council juris-
diction? This is not an issue relating to the implementation of
adopted plans.
Policy 9.5.1 - How would the Council implement this policy?
Would future land use amendments be denied if the Council did not
like the water conservation methods adopted by the local govern-
ment?
Policy 9.5.2 - How would this policy be implemented? What
would be the cost of implementing this policy?
,.
17
'.
Policy 9.5.3 - Where is the data and analysis to support the
need to increase the existing storage capacity? Maintaining
adequate water level in canals does not seem to be something
within the jurisdiction of most local governments.
Policy 9.5.4 - Where is the data and analysis to indicate
that this policy is needed or beneficial? How would the policy
be implemented?
Policy 9.5.5 - How would the Planning Council implement this
policy? Isn't the South Florida Water Management District al-
ready doing this?
Goal 10 - ok
Objective 10.1 - ok
Policy 10.1.1 - This policy is former "ensure" environmental
policy number 1 and is an appropriate 9J-5 pass through land use
policy.
Policy 10.1.2 - This policy is former "ensure" environmental
policy number 2 and is an appropriate 9J-5 pass through land use
policy.
Objective 10.2 - This objective and policies 10.2.1 through
10.2.3 are beyond the jurisdiction of the Planning Council. The
Council does not have authority to adopt policies on issues the
Council feels may be significant countywide. The Council must
identify lIs and create policies to resolve or prevent them. The
Council cannot require local governments to amend adopted Compre-
hensive Plans unless they have identified a II which needs to be
resolved. In all these policies, the Council is merely trying to
impose additional and different requirements on local government,
totally unrelated to the resolution of any interjurisdictional
incompatibil ity. If Palm Beach County would like the County
Commission to be able to designate environmentally significant
parcel s of property and regulate them countywide, the County
Commission needs to amend the charter to provide that jurisdic-
tion in the County. It is inappropriate for the County to try to
use the Countywide Planning Council as a substitute for a Charter
amendment.
Policy 10.2.1 - The identification of natural resources of
multi-jurisdictional significance is a substantive issue. These
could not be identified through a procedural rule. They would
have to be identified and adopted as an amendment to the existing
Countywide Future Land Use Element.
Policy 10.2.2 - Since these would not come from the County's
composite plan, where is the Council jurisdiction?
Policy 10.2.3 - Has the Council conducted the analysis of
the existing local programs to determine that they are inadequate
,.
18
'.
to promote the protection of environmental resources? Until the
Council does so and identifies potential problems with the imple-
mentat ions of-those programs, the Council should refrain from
adopting policies.
Policy 10.2.4 - This Policy should be included under Objec-
tive 10.1 as policy 10.1.3 as it is former environmental "ensure"
policy number 7 and is an appropriate 9J-5 pass through land use
element requirement.
Goal 11 - ok
Objective 11.1 - Why provide an alternative to the Planning
Council? The voters authorized the Planning Council to settle
these types of disputes by approving Article VII of the Palm
Beach County Charter. What is the point of now finding an alter-
native method?
Policy 11.1.1 through Policy 11.1.6 - These policies could
all be consolidated into one policy which provides for mediation
over disputes if both parties agree to participate. Having six
polices on this issue is absolutely redundant.
Goal 12 - This goal and all objectives and policies thereun-
der are beyond the Planning Council's jurisdiction. Rule 9J-
5.015(3) (c) (4) requires policies resolving annexation issues to
be included in the Intergovernmental Coordination element, not
the future land use element.
Policy 12.1.4 - Need County Interim Annexation Policy and
Annexation Incentive Program clearly identified as there have
been various interim policies over the years. Most of th es e
items are already required to be addressed in annexation, so this
policy is redundant. How does this policy relate to performance
standard 12?
Goal 13 - ok
Objective 13.1 - ok
Policy 13.1.1 - There is no charter support for this policy
or for Policies 13.1.2 through 13.1.4.
Objective 13.2 - 13.4 - While these objectives and policies
seem to be a good idea, where is the Charter authority for these
objectives and policies. Hopefully the data prepared by the
Council pursuant to these policies will have more substance then
the data in the Data & Analysis section.
VI. PERFORMANCE STANDARDS
A. INTRODUCTION
This introduction is inaccurate as it indicates that
19
'"
". . . these performance standards de fine the minimum standards
necessary for local governments to achieve in order to prevent
and resolve interjurisdictional incompatibilities as defined in
Article VII of the Palm Beach County Charter." The Planning
Council did not follow the mandates of Charter Section 7.8 in
identifying lIs in order to modify local governments plans. The
cover letter to all local governments on July 24, 1990 clearly
states that the po Ii cy incompatibilities are instances where
" ....a local comprehensive plan is inconsistent with any 0 f the
Council's 'ensure' statements from the Council's adopted poli-
cies... " These lIs were never identified from any review and
analysis of the implementation of local plans; nor were they sent
to the local governments for resolution prior to becoming stand-
ards which could determine consistency and could be used to
modify local plans. Also note the wording in the introduction
packets submitted to local governments along with the July 24,
1990 packets which reads as follows:
The Planning Council has adopted policies in various
topic areas to identify, prevent and resolve incom-
patibilities as defined in Article VII. An incon-
sistency between a local plan policy and a require-
ments of u council policy, or lack of an equivalent
local government policy, constitutes an interjuris-
dictional incompatibility.
This definition of an interjurisdictional incompatibility is
not the same as that set forth in the Charter under Section 7.3.
Definitions. This is precisely why the performance standards may
not be used for certification of consistency with the Countywide
element because that wo u 1 d, in fact, modify the local plans
without the Council having first identified a II, then allowed
the local government to attempt to resolve it and then, if reso-
lution is impossible, to resolve it, themselves, through amend-
ment of one of the land use elements. An important step in the
process has been eliminated by the Council simply independently
creating these policies. The Municipal League does not object to
the performance standards being utilized for identification of
lIs in the plan amendment process because, if that were done, the
local governments would have an opportunity to resolve the II
before it was simply mandated by the Planning Council that the
local government modify its plan. Once again, the Planning
Council has not followed the mechanism set forth in Section 7.8
of the Charter and thus, may not modi fy local governments plans
in this manner.
Remember, these performance standards should not be utilized
in certification of consistency with the Countywide element. If
they are utilized for this purpose, your local plans will be
modified without the Council ha vi ng ever identified a II as
required by the Charter.
B. PERFORMANCE STANDARDS
1. The Municipal League objects to the inclusion of 'iland
20
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deve lopmen t regu la ti ons" in this performance standard as the
Charter grants no authority over land development regulations to
the Planning Council.
2. Once again, the Planning Council has no authority over
land development regulations; thus, the words "land development
regulations" should be deleted. Further, this performance stand-
ards simply begs the question. Here we are all promising that we
will never allow any kind of designation which would create a II.
Of course, no local government sets out to create a II on pur-
pose, thus, this policy is superfluous and cannot be implemented.
,.
3. The Planning Council did not act on this performance
standard at the July 14, 1990 public hearing; thus, this perform-
ance standard should no t be incl uded in this draft element.
Further, it should be deleted because level of service issues are
traffic circulation element requirements under 9J-S.007(3)(c)(1).
The Countywide Traffic Performance Standards Ordinance already
implements levels of serv ice countywide so this standard is
duplicative and entirely unnecessary.
4. The Council added the words "where legally permissible"
on this performance standard. The Supreme Court of Florida
recently issued an opinion in the "J"oint Ventures" case which
indicated that the taking of property through rights-of-way maps
where the owners have no beneficial use of that property consti-
tutes a "taking" for which compensation is immediately due. The
municipalities should not accept this type of liability for the
non-municipal roadway network. If the County desires to accept
this type of liability then it is up to them to do so. There are
severe legal problems and liabilities which may ensue if this
performance standard or a similar policy is included in municipal
plans.
S. This standard is extremel y vague. How is it to be
implemented?
6. This performance standard is a requirement under the
Housing Element pursuant to 9J-S.OIO(3)(c)(2) and is beyond the
Planning Council's jurisdiction. This performance standard
should be deleted. The Planning Council's cumbersome processes
violate this standard.
7. This performance standard is beyond" the Planning Coun-
cil's jurisdiction. Objectives dealing with affordable housing
are required in the Housing Element pursuant Rule 9J-
S.010(3)(b)(1) and ( 3) . The Council has not provided data and
analysis to iden ti fy lIs ba se d on the implementation of the
adopted local plans. Further, while racial integration is de-
sirable, the Council does not have jurisdiction to impose its own
"desirable" goals upon local governments. Adequate and afford-
able housing is a Housing Element required policy not a land use
one. Section 1983, Civil Rights Act Litigation is a probable
outcome of efforts mandated by local governments in this vein.
This performance standard should be deleted.
21
"
8. While coordination between the School Board and local
governments is clearly desirable, the School Board is not a local
government under the Charter and as a result, there can be no lIs
regarding the School Board. Further, the School Board will not
be bound by this performance standard; only local governments
will be bound. There are serious constitutional issues associat-
ed with approving or denying development orders on the basis of
perceived racial impacts. This performance standard should be
deleted.
9. This performance standard is beyond the Council's juris-
diet ion. Po licies addressing protection of aquifer recharge
areas and water conservation techniques are required by Rule 9J-
5.011(2) (c)(4) and 9J-5.011(2)(c)(3) as part of the Sani tary
Sewer, Solid Waste, Drainage and Potable Water and Natural Ground
Water Aquifer Recharge Element. Water consumption is regulated
by the South Florida Water Management District. No interjuris-
dictional incompatibility has been identified through the analy-
sis of the impact of the implementation of an adopted 10 ca 1
government's comprehensive plan. In fact, the Council's data and
analysis does not demonstrate a problem in this area. Thus, this
performance standard is beyond the Council's jurisdiction and
should be deleted.
10. This performance standards may be deleted pending confir-
mation that SFWMD already addresses this issue.
11 . This performance standard is be yo nd the scope of the
Council's jurisdiction. The Council fulfilled its 9J-5 land use
element requirements through policies 10.1.1. and 10.1.2 with
regard to environmentally sensitive lands. The Council cannot
then independently identify other sites as "natural resources of
multi jurisdictional significance" based on independent Council
criteria just because the Council thinks its definition is bet-
ter. In fact, if the Council is accepting the designations of
environmentally sensitive lands within each local government's
comprehensive plan as adequate to meet the 9J-5 requirements,
then the Council cannot then require local governments to amend
their adopted land use elements to identify additional environ-
mentally sensitive lands sites through its consistency and review
procedures when those additional environmentally sensitive lands
are not ma pp ed on the adopted Countywide Land Use Element.
Further, all local governments are bound by the Countywide Envi-
ronmentally Sensitive Lands Ordinance unless they have adopted an
ordinance of their own. A few local governments have done so;
otherwise all local governments are under the Countywide ordi-
nance at this time. This ordinance should be su ff ic ient to
protect environmentally sensitive lands and these lands should
all be mapped on local governments' plans at this time. This
performance standard is more onorous than the Countywide Environ-
mentally Sensitive Lands Ordinance and is entirely unnecessary.
This performance standard should be deleted.
12. This annexation performance standard is acceptable if
22
.'
"
12. This annexation performance standard is acceptable if
subparagraph b through e are eliminated. Local governments now
depict their proposed future annexation areas on their map series
and have no objection to notifying the Planning Council of all
proposed and approved annexations. However, the remaining items
are beyond the Planning Council's land use element jurisdiction.
Ru 1 e 9 J - 5 . 0 15 ( 3 ) ( c) (4 ) requires policies resolving annexation
is sues to be included in the intergovernmental coordination
element. Further, unless there is an interlocal agreement be-
tween the municipality and Palm Beach County pursuant to Section
163.3171(1), a proposed annexation area is not within the area of
municipal jurisdiction for comprehens ive planning purpos es .
Thus, any policies such as these included in the local plan for
annexation would be meaningless. Further, all annexations must
meet Chapter 171, F.S. The Planning Council has no role in en-
forcing this statutory requirement. This performance standard
should be deleted.
Although the Planning Council agreed to convert these former
"policies" into "performance standards" they are attempting to
utilize them as "policies" by utilizing each of these performance
standards to review your local government plan for consistency.
Additionally, if your land use and re la ted elements are not
certified, pursuant to Policy 1.3.7 these performance standards
become "Policies." When reviewed as policies, these standards
are much too vague to be implementable.
Some of these standards could be utilized appropriately in
the identification of lIs in the amendment process for future
land use element amendments. However, when utilized for consist-
ency review, they deprive local governments of their mandated due
process rights under the charter, as they will be applied retro-
acti vely against adopted plans without giving local governments
the opportunity to resolve the II. The manner in which these
performance standards are to be utilized is critical to local
governments.
VII. MONITORING AND EVALUATION PROCEDURES
INTRODUCTION
The first portion of this section simply recites Section
7.10 of the Palm Beach County Charter, Section 163.3191, F.S. and
Section 9J-5.005, Florida Administrative Code dealing with evalu-
ation and appraisal reports. The procedures for monitoring and
eval ua tion are found on Page 52 . Under Section 1.002(1) the
wo rd s "t he PI an" should be deleted and "the Land Use Element"
inserted. The Planning Council only has jurisdiction over a
Countywide Land Use Element not a Countywide Comprehensive Plan.
Section 1.002(1)(d) (p.53) is incorrect. The local govern-
ment needs only to submit amendments to their land use element
23
,,"
and certified related elements in accordance with the Charter.
Local governments are not required to submit all comprehensive
plan amendments to the Planning Council for review.
Section 1.002(1) (f) (p.53) - The Planning Council has no
jurisdiction whatsoever over the high speed rail program. When
and Where was this program ever discussed prev ious ly? This
subsection should be deleted.
Section 1.002(7) (a) (p.55) - This subsection is far beyond
the jurisdiction of the Countywide Planning Council. The Council
has no authority over traffic, mass transi t, hous ing, racial
integration, education, environmental, historic resources, rede-
velopment and renewal, and urban form. This subsection should be
deleted.
Section 1.002(8)(b) - The Planning Council has no authority
over implementation. This issue is deal t with through land
development regulations and zoning codes which remain the prov-
ince of local governments. This subsection should be deleted.
VIII - CONSISTENCY WITH STATE AND REGIONAL PLANS
A. INTRODUCTION
This section has not been completed since changes are ex-
pe ct ed to re suI t from the 45 day local go ve rnme nt review and
comment period.
24
,'I'
DRAFT
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LANTANA,
FLORIDA, TRANSMITTING ITS COMMENTS ON THE PROPOSED COUNTY-
WIDE FUTURE LAND USE ELEMENT WHICH WAS SUBMITTED TO ALL
MUNI CI PALl TI ES FOR A FORTY- FI VE DAY REVIEW AND COMMENT
PERIOD PURSUANT TO SECTION 7.8 OF THE COUNTY CHARTER; EX-
PRESSING, ONCE AGAIN, ITS FULL ENDORSEMENT OF THE MUNICIPAL
LEAGUE'S POSITION WITH REGARD TO THIS COUNTYWIDE FUTURE LAND
USE ELEMENT; STRONGLY EXPRESSING ITS CONCERN THAT THE COUN-
TYWIDE PLANNING COUNCIL HAS GREATLY EXCEEDED ITS JURISDIC-
TION AS SET FORTH IN ARTICLE VII OF THE PALM BEACH COUNTY
CHARTER BY INDEPENDENTLY PREPARING DRAFT POLICIES DEALING
WITH ELEMENTS OUTSIDE THE SCOPE OF A "LAND USE ELEMENT";
REQUESTING THE PLANNI NG COUNCIL TO REVI SE THE CFLUE IN
ACCORDANCE WITH THE SUGGESTIONS AND ANALYSIS TRANSMITTED
HEREWITH; REQUESTING SUPPORT FROM EACH AND EVERY OTHER
MUNICIPALITY WITHIN PALM BEACH COUNTY ON THIS CRITICAL
IS SUE; PROVIDING THAT THIS RESOLUTION BE SENT TO THE PALM
BEACH COUNTYWIDE PLANNING COUNCIL, THE PALM BEACH COUNTY
MUNICIPAL LEAGUE AND THE BOARD OF COUNTY COMMISSIONERS OF
PALM BEACH COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, in accordance with Article VII of the Palm Beach
County Charter, the Palm Beach Countywide Planning Council has
prepared a proposed Countywide Land Use Element which was trans-
mitted to all local governments on February 1, 1991 for a forty-
five day review and comment period; and
WHEREAS, Article VII of the Palm Beach County Charter au-
thorizes the Countywide Planning Council to prepare a Future Land
Use Element and not an entire Countywide Comprehensive Plan; and
WHEREAS, this proposed Countywide Future Land Use Element
contains a significant amount of material which far exceeds the
Countywide Planning Council's jurisdiction in accordance with the
Charter; and
WHEREAS, each municipality has been requested to submit its
analysis and comments to the Planning Council on or before March
20, 1991; and
1
DRAFT
WHEREAS, the Town Council of the Town of Lantana desires to
clearly indicate to the Planning Council that its analysis of
this Countywide Future Land Use Element represents the viewpoint
of all the citizens of its municipality through the adoption of
this Resolution by its elected officials.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF LANTANA, FLORIDA, that:
SECTION 1 : The Town Council of the Town of Lantana hereby
transmits its comments on the proposed Countywide Future Land Use
Element submitted to the Town by the Planning Council for review
and comment on or abou t February 1, 1991 ; which comments are
attached to this resolution as Exhibit A.
SECTION 2: The Town Council of the Town of Lantana fully
supports the Palm Beach County Municipal League, Inc. 's position
that the Palm Beach Countywide Planning Council only has juris-
diction over the Future Land Use Element and that all policies
dealing with Transportation, Agriculture, Coastal Management,
Education, Historic Preservation, Public Services, Water, Envi-
ronmental, Annexation, Housing and any other element should be
deleted as beyond the jurisdiction of the Council in accordance
with the analysis attached hereto as Exhibit A.
SECTION 3: The Town Council of the Town 0 f Lantana hereby
reserves all rights to question any and all policies, narrative,
performance standards, procedural rules, etc. promulgated by the
Planning Council now and in the future.
SECTION 4: The Town Council of the Town of Lantana requests
,
that each and every other municipality in Palm Beach County
2
DRAFT
support this position and adopt a similar resolution prior to
March 20, 1991.
SECTION 5: The Town Clerk is he re by directed to submit
copies of this Resolution to the Palm Beach Countywide Planning
Council, the Palm Beach County Municipal League and to the Board
of County Commissioners of Palm Beach County.
SECT ION 6: This Resolution shall take effect immediately
upon its passage.
PASSED AND ADOPTED THIS DA Y OF ,
1991.
TOWN OF LANTANA,
Aye Nay MAYOR
Aye Nay COUNCILMEMBER
Aye Nay COUNCILMEMBER
,-
Aye Nay COUNCI LMEMBER
Aye Nay COUNCILMEMBER
ATTEST:
Town Clerk
(Seal)
3
.
Approved as to f DRAFT
Sufficiency. orm and legal
Town Attorney
,-
4
om
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 310 S.L 1st STREET, SlIlTE 4. DrLRAY RI\CIl. II ORII) \,;~,;
407/243-7090 . Tl U:COJ'IIR 4'" ~-'''': -"
MEMORANDUM
Date: March 26f 1991
Tn: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Authorization to Institute Litigation Against
Insurance Companies Insuring Aero-Dri
This memorandum will serve to update the Commission on the
status of the Aero-Dri litigation and request authorization to
file a declaratory relief action against the lnsurers of
Aero-Dri Corporation. As the City Commission is aware, the City
received a verdict in its favor for $8.7 million dollars
against Aero-Dri. That judgment became final following the
denial of Motions for Rehearing and New Trial in November of
1990. Since that time, Aero-Dri has filed an appeal and
briefing.of the issues raised should be completed this Fall.
Negotiations with the parties and the insurance companies has
been unsuccessful, and therefore, the firm of Wolpe, Leibowitz,
Berger & Brotman, in conjunction with the City Attorney's
Office, has drafted a complaint for declaratory relief against
the insurers. Those insurers include, among others, Aetna,
Hartford and Great American. Between the primary and excess
policies, there exists sufficient coverage to pay off the
City's judgment in total.
The insurance companies have maintained that their pollution
exclusion clauses preclude recovery against them. The purpose
of the declaratory relief action is to have the court declare
whether the insurance companies would be liable. A previous
action raising the same issue was filed by an excess insurer
and is currently before Judge Fine. I expect this proposed law
suit would also proceed before him. Depending on Judge Fine's
trial calendar, the litigation could be completed at the trial
level within a year. Absent settlement, however, it is
anticipated that appellate action would follow the tr- ial
court's decision.
A copy of the complaint shall be made available at t.he City
Commission meeting.
;~ i(fi-
li'/ 1-3 I
. I I
J~: sh
::~ '--~ : David Harc.;:::n, City Manager
Willia:- (:reenwo0r'. Di:p('rnr r-f FTn';rr-n""",,.,r,,l <::o.";r"'~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER:
(.,
SUBJECT: AGENDA ITEM # - MEETING OF MARCH 26, 1991
AUTHORIZATION INSTITUTE LEGAL PROCEEDINGS
DATE: March 20, 1991
As of the time of completion of the agenda packets, we had not
received backup documentation from the City Attorney's office on this
item. Should we receive the documentation it will be forwarded to you
prior to your Tuesday evening meeting; otherwise the item will be
removed from the agenda at that time.
-.
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 1G - MEETING OF MARCH 26, 1991
PROCEDURES FOR EVALUATING ADJUSTMENTS TO STORMWATER UTILITY
ASSESSMENTS
DATE: March 20, 1991
In accordance with Ordinance No. 21-90 the Public Works Director was
tasked with preparing regulations as needed to implement the
Stormwater Utility Assessment program. Attached as backup material
for this item is a draft of procedures for evaluating requests for
adjustments.
Recommend adoption of Procedures for Evaluating Request for
Adjustments as drafted.
.
,
If'
. .
Agenda Item No. :
AGENDA REQUEST
Date: 3/19/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 3/26/91
Description of agenda item (who, what, where ho~ much).' Pr<?cedure for
evaluating adjustments to Stormwater Utility Assessmen1::s. or conSldeLd-L.LOu aud
~nnp~;nn hy City Commission in accordance with Ordinance 21-90 Section 56.45 (A).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
-
Recommendation:
;..,
Department Head Signature: 4V~A!!if~--.J 7/t~(ql
Determination of Consistency with Comprehensive Plan:
'!"
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO!10
Hold Until:
Agenda Coordinator Review: '?:J/~/q I ~~~.
Received:
Action: Approved/Disapproved
.,
STORMWATER UTILITY ASSESSMENTS
PROCEDURE FOR EVALUATING REQUESTS FOR ADJUSTMENTS
Adjustments shall be based on the volume of stormwater
runoff retained/detained onsite, in functional reten-
tion/detention facilities.
The percentage of the adjustment will be equal to the
percentage of the runoff retained/detained from the design
storm event (25 year, 72 hour).
The adjustment percentage will be applied to 50 percent of
the total assessment, so that the maximum adjustment will be
50 percent (for 100 percent stormwater retained/detained).
For properties already receiving a 25 percent or 50 percent
discount for being within LWDD and/or having private street
drainage systems, the maximum adjustment will be 25 percent
or 0 percent (so that the maximum possible discount for any
property is 50 percent).
Proving evidence of functional retention/detention facili-
ties is the responsibility of the property owner as is
indicated in Ordinance 21-90 Section 56.17.A.4.
The requests will be reviewed by the Director, and the
adjustment will be made upon the granting of the adjustment
request, in writing by the Director, as is indicated in
Ordinance 21-90 Section 56.17.A.5.
Decisions of the Director may be appealed in the manner
established in Ordinance 21-90 Section 56.17.B.
RT04
'"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM:
SUBJECT: AGENDA ITEM # ~ - MEETING OF MARCH 26 1991
REVISED WATER AND SEWER CAPITAL IMPROVEMENT PLAN
DATE: March 20, 1991
Attached as backup material for this item is a print out of the
Revised Water and Sewer Capital Improvement Plan. Staff will be
presented a verbal update of the status of these projects.
Recommend approval of the revised Water and Sewer Capital Improvement
Plan.
\
.
.
Agenda Item No. :
AGENDA REQUEST
Date: 03-2a- '11
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 31u..(~1
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: F', N~tJ'-"_ t;>, ~n.. F~SZNTQ:i";O~
Department Head Signature:
Determination of Consistency
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 ~
Hold Until: '
Agenda Coordinator Review:
Received: ~0lfJ/*, ~
Action: Approved/Disapproved
.
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.,
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 26, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM NO. 2
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
S. LAND SURVEYING SERVICES CONTRACT: Rank the top three firms and
authorize staff to negotiate and award a contract for land
surveying services.
~
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER
THRU: WILLIAM H. GREENWOOD, DIRECTOR OF E~NMENTAL
SERVICES AU
FROM: MARK A. GABRIEL, P.E.
ASST. DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER
DATE: MARCH 25, 1991
SUBJECT: SELECTION OF SURVEY FIRMS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A selection Committee consisting of Mark Gabriel, Rob Taylor,
George Abou-Jaoude and Tom Twomey, of Environmental Services, met
this date to rank consultants for the referenced discipline.
The selection committee recommends awarding contracts to the
following firms:
l. Heller-Weaver & Cato, Inc., Lake Worth, FL
2. O'Brien, Suiter & O'Brien, Inc. Delray Beach
3. Survey South, Inc., Delray Beach
It is recommended that Commission approve the selection of these
firms and authorize staff to prepare Consulting Contracts.
4.f{~
Asst. Director of Environmental
Services/City Engineer
MAG:kt
cc: MGWGDH - Selection of Survey Firms
Interoffice Memos: To Mr. David T. Harden, City Manager
Agenda - Selection of Survey Consulting Firms
Attachment
-
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 10 A - MEETING OF MARCH 26, 1991
ORDINANCE NO. 29-91
DATE: March 20, 1991
This is a second 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.
._.-._~_._-_. -- - -.---.--.---- .-- ------
.--_.------ -----~-- ----.-.-- -- --- --._~-------------------- --- ---
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ORDINANCE NO. 29-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED R-1A (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 Beach, 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 DOC U MEN TAT ION
'.
TO: ~ MACGREGOR-HARTY, CITY CLERK
, ~\JCLOC:::
VID J. KOVACS, DIRECTOR,-
AEPARTME~T,OF PLANNING AND ZONING
r .~
\ 'l....) h'^-., ~ _ '~"\.
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-IA 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-IA 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
'"
PLANNING & ZONING BUAHU
CITY OF DELRA Y Bt:.ACH --- STAFF REPORT ---
MEETING DATE: February 25, 1991
AGENDA ITEM: . IILA. (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
Ge. 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.~. I Street.
Sewer Service...................8" sanitary sewer line along N.W.
1 Street and a 8" line along N.W.
4 Avenue.
. IILA. (1)
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,II,and 12 Block
28, Town of Delray plat, from GC (General Commercial) to CF
(Community Facility) and lots 7 and 8 from RI-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.
'"
P&Z Staff Report
Mt. Olive Baptist Church Rezoning
Page 2
Currently Lots 7 and 8 (building site) is within the R-IA 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 RI-A to the east, GC to the west and south, and RI-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 (0)(1), 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:
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, Septernber/l990 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).
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. 1.
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(0) 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:
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 15'
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 15' 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-IA 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)(5) the rezoning fails to fulfill at least
-- - - _I! ...,__ -----'l'\if"- " .1-.-....1 .."'....."..... et.."'...."',...+-..,,"' ~
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.
PDI137/0LIVE.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 12 A - 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.
f~ ,S+ &b.dL .3}13
6-0
Pll8USH ~ PH 6Y' 3) 02.b
"
., . ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERm1
SUBJECT: AGENDA ITEM # loB - MEETING OF MARCH 26, 1991
ORDINANCE NO. 34-91
DATE: March 20, 1991
This is a second 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 of delinquent accounts receiving Type "E"
mechanical container or commercial refuse container service as an
alternate method of collection.
Recommend approval of Ordinance No. 34-91 which provides for the
imposition of a late fee on the unpaid balance of delinquent accounts
receiving Type "E" mechanical container or commercial refuse container
service as an alternate method of collection.
ORDINANCE NO. 34-91
AN ORDINANCE OF THE CITY COMMISSION OF THE C1TY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, GARBAGE
.!>,ND 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
I CONTAINER SERVICE AS AN .~LTERNATE METHOD OF
i 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. 51- 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 Billing for Charges
The regular monthly charge as set forth in Section 51.70, or'
dny additional charges for special, additional, or unusual services I
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 Work.s", 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: I
Section 51.72. "Delinquent Payments; Lien"
Any bill remaining unpaid for a period of thirty (30) days i
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
'.
customer accounts 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
delinquent bill is not paid, or a protest or appeal is filed land later
processed in accordance, generally, with the procedures set forth in
Section 52.511 within eighteen (18) days, the City shall file a lien
against the property and may pursue foreclosure of the lien, as in the
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.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective 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-
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
I
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ORD. NO. 34-91
~
- ..
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #~ - 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 "E"
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 "E" mechanical containers or
commercial refuse container service as an alternate method of
collection.
f~ ,s-r em 4tfYI~~)
(Yl. 0' ~ -k, ~ PH 6J1 3/:16
~ ~
. .
:
-
..
. -.
ORDINANCE NO. 34-91
AN ORDINANCE OF THE CITY COMMISSION OF THE C1TY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, GARBAGE
:&.ND TRASH", SUBHEADING "RATES AND CHARGES", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRA.Y BEACH,
FLORIDA, BY AMENDING SECTION 51.71, "METHOD OF
BILLING FOR CHARGES", TO PROVIDE THAT THE CONTRACTOR
J'.1AY 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 !\LTERNATE METHOD OF
COLLECTION; BY AMENDING SECTION 51.72, "DELINQUENT
PAYMENTS; LIEN", TO PROVIDE THAT DELINQUENT ACCOUNTS
RECEIVING TYPE E MECHANICAL CONTAINERS AND
COMMERCIAL REFUS~ 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 Billing 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 i
after rendition shall be delinquent. A late fee shall be assessed by I
the contractor in the amount of 1.5\ of the unpaid balance on delinquent i
I
,.
~ '.
.
-
customer accounts 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
delinquent bill is not paid, or a protest or appeal is filed (and later
processed in accordance, generally, with the procedures set forth in
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
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.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective 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
Second Reading
2
ORO. NO. 34-91
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t,CJ:1t1
SUBJECT: AGENDA ITEM # IOC - MEETING OF MARCH 26, 1991
REQUEST FOR WAIVER OF THE SIGN CODE
DATE: March 20, 1991
We have received a request for waiver of the Sign Code from O.C.
Taylor Motors to permit a 36 foot Alpha Romeo sign to front on S.E.
5th Avenue, using the lineal footage requirements used to permit the
Jeep Eagle sign.
There currently is a free standing Jeep Eagle sign on the corner of
S.E. 6th Street and S.E. 5th Avenue. The Jeep sign does not have
adequate lineal footage on S.E. 6th Street to support the size of the
sign. The lineal footage on S.E. 6th Street is 112.38, therefore the
maximum sign face allowed is 56.19. The Jeep Eagle sign is 72.5
square feet. As the existing Jeep Eagle sign approval was based on
Federal Highway's lineal footage, the owner is requesting the Alpha
Romeo sign also be allowed to use the lineal footage for Federal
Highway. The owner does have two dedicated streets which may have two
free standing signs, however, the sign may not jointly use the lineal
footage of one street.
The staff committee recommended that the sign cabinets be switched, as
the smaller Alpha Romeo sign would fit the lineal footage on S.E. 6th
Street. The Jeep Eagle Sign could continue using the lineal footage
of S.E. 5th Avenue. The Site Plan Review and Appearance Board
recommended approval of the Alpha Romeo sign with the condition that
the height be reduced to 16 feet. A detailed staff report and site
plan are attached as backup material for this item.
,.
.
I
. Agenda I tem No.:
AGENDA REQUEST
Date: 3/19/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 3/26/91
Description of agenda item (who, what, where, how much):
Sign-Code waiver request for O.C. Taylor Motors (Alpha Romeo)
600 SE 5th Avenue
36 SQ ft sign face, 16 feet high
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: (}~~
Department Head Signature:
Determination of Consistency with
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: @J NO tM
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received: .
Action:
,.
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENTt7f(3
SUBJECT: SIGN CODE WAIVER O.C. TAYLOR MOTORS, INC. (ALPHA ROMEO)
DATE: MARCH 11, 1991
ITEM BEFORE THE COMMISSION:
- -
Request Commission consider a waiver request for a free standing sign which
exceeds the code requirements for size per Sec. 4.6. 7(E) (7).
BACKGROUND
O. C. Taylor (Alpha Romeo), 600 SE 5th Ave. is applying for a free standing
sign which has a 36 sq. ft. sign face and is 16 ft. high. The sign will be
fronting SE 5th Ave.
There currently is a free standing Jeep Eagle sign on the corner of SE 6th
St. and SE 5th Ave. The Jeep Eagle sign does not have adequate lineal
footage on S. E. 6th Street to support the size of the sign. The lineal
footage on S.E. 6th St. is 112.38, therefore the maximum sign face allowed
would be 56.19. The Jeep Eagle sign is 72.5 sq. ft.
The existing Jeep Eagle sign approval was based on Federal Highway's lineal
footage. The owner is requesting the Alpha Romeo sign be allowed to also
use the lineal footage for Federal Hwy., which is in violation of the code.
The owner does have two dedicated streets which may have 2 free standing
signs, but the signs may not jointly use the lineal footage of one street,
but instead must use the lineal footage of each adjoining street.
The staff committee recommended the sign cabinets be switched, as the
smaller Alpha Romeo sign would fit the lineal feet on SE 6th St. and the
Jeep Eagle sign could continue using the lineal footage of SE 5th Ave.
The Site Plan Review and Appearance Board on February 13, 1991 recommended
the applicants Alpha Romeo sign be approved as presented with condition the
18 ft. height be reduced to 16 ft. The board also recommended if additional
signs are added, a total sign package be resubmitted for approval.
RECOMMENDATION
Staff is recommending approval with the suggested conditions of SPRAB.
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O.C. TAYLOR MOTORS, INC.
700 NORTH FEDERAL HIGE-IWAY
DELRA Y BEACH, FLORIDA
(407) 278-2552
City Clerks Office
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach FL 33444
March 05, 1991
RE: City Council Approval of a waiver for permit #91-9161.
Dear Gentleman:
We have applied for this waiver of your sign code to place a
previously approved sign at another location on our property.
The S.P.R.A.B. has found this a reasonable request. The place-
ment of this sign is on the same road as previously approved only
centered and not at the far end.
To have this sign at the previously approved location would cause
a traffic problem, where the traffic would pass the dealership before
they have time to recognize the dealer. Moving the sign to the center
of the property would reduce this problem.
We are sure that you will see the hardship to our customers
and the citizens of De1ray Beach.
We look forward to a supportive response.
Yours Truly; "RECEIVED']
-- --... MAR 0 8 91 ;
31GNS & LICENSING
AT:dlw
MAR 0 .
K:eCQ~ue 01 3/&'/Cf/ C 6 91
~
2- :36 [JfYl ' sOlo ( /ftm;/jt"./ Presented
(( l rJ!."(<( / to US by
CHRYSLER
CORPORATION
"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ton - MEETING OF MARCH 26, 1991
ORDINANCE NO. 31-91
DATE: March 20, 1991
This is a second 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
Developmentsi 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 filedi 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
provisions 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.
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
DISTRICT (SAD)", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SUBSECTION 4. <\ . 25 ( C ) ,
"REVIEW AND APPROVAL PROCESS" , TO PROVIDE IN
PARAGRAPH 4.4.25(C)(3) FOR INCLUSION OF THE INITIAL
APPROVAL 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 Activities District
(SAD)", Subsection 4.4.25IC), "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 (0) and (E)], except that when
the SAD is for a large Scale Mixed Use Development, the initial
approval (validity) period shall be specifically stated in the
enacting ordinance. 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 Acti vi ties Oistr ict
(SAD)", Subsection 4.4.25(1), "S.A.D.s", of the Land Development
Regulations of the Code of Ordinances of the City of Oelray 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 Peer~arY-~~7-~99~ 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.
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. 31-91
_'-,^ w
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: (/ - AL-ISON MACGREGOR-HARTY, CITY CLERK
~ L \ ~ \ 1<- 0~",,---
FROM: ~ J. KO~DIRECTOR
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.)
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 91-1. 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 proj ect does not become established, all uses , waivers,
adjustments, and other actions taken pursuant to the SAD shall be
void. In order to proceed to establish the same, or another, use
it shall be necessary to process a rezoning request.
LDR SECTION 4.4.25(1)....(5) Marina Cay, Ordinance No.51-89, not
established, approval expires on ~M~*i'4~ ~~; August 22,
1992;
ORDINANCE No. 51-89, Section , modified to accommodate the
approval extended to August 22,-r992.
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
Seacrest Commercial Properties, Ltd.
1925 North Federal Highway ~~~
Delray Beach, Florida 33483
Fax (407) 272-7878 .(;;~~ \ \0,0,\ \".0
(407) 272-2444
, 0\....\.
March 1 , 1991 r t1-'V '
,~\,)
'\
~~'V' /..,-
~ /,-
-,,",
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.
""
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,
c:>(~ h.~~
Lois M. Kelly, Genera 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
-
-
)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #/ ~ - MEETING OF MARCH 13 I 1991
ORDINANCE NO. 31-91
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 enact'ing ordinance for Large Scale Mixed Use
Developmentj 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 filedj 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.
PH - 3J~
'.
, >
- ..
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: (/ -", AL-I~ON MACGREGOR-HARTY, CITY CLERK
'~ Iv . \~~'-'Cc""'-
FROM: ~ J. KOVACS, DIRECTOR
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.)
. .
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 91-1. 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 .{ileM~*'Y~2-r ;.9~; August 22,
1992;
ORDINANCE No. 51-89, Section , modified to accommodate the
approval extended to August 22,-r992.
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
~
Seacrest Commercial Properties, Ltd.
1925 North Federal Highway ~~~
Delray Beach, Florida 33483
Fax (407) 272-7878 ~'~
(407) 272-2444
~ ~q'
'\. '\ \ ',' ~ :j.
C\~\"
March 1 , 1991 ,..~~ '
,~\;>
,~\ ..-
~~' /"
~ .-','
-'"
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.
,.
.
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 develop.er
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,
o(~ h. .~-::. ~
Lois M. Kelly, Genera 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
'-ITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Mar 08,91 14:37 P.04
..... '" .. ''''
-. ..-
ORDINANCE NO. 31-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA"i BEJ.CH, FLORIDA, AMmmING CHAFI'ER 4, "ZONING
REGULATIONS", SECTION 4.4.25, "SPECIAL ACTIVITIES
DISTRlCT (SAD)", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDIN~CES OF THE CIT'l OF DELRAY
BEJ.CH, FLORIDA, El"i AMENDING SUBSECTION 4 . 4 . 2 5 ( C) ,
"REVIEW AND APPROVAL PROCESS", TO PROVIDE IN
PARAGRAPH 4.4.25(C)(3) FOR INCLUSION OF THE INITIAL
~PPROVAL PERIOD WITHIN THE ENACTING ORDINANCE FOR
LARGE SCALE MIXED USE DEVELOPMENT; BY AMENDING
SUBSECTION 4.4.25(1), "5.1..0.'5", TO PROV1DE 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;
?ROVIDING AN EFFECTIVE DATE.
l-")W, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL,A"i BEACH, FLORIDA, AS FOLLOWS:
Se<.':ion 1. That Chapter 4, "Zonin9 Regulations", Article 4.4,
"Ba.se zoningl5'IStrict", Section 4.4.25, "special Activities District
(SAD)", subsec~ion 4.4.2srC), "Review and Approval Process", of the Land
Development Re~~lations of the Code of Ordinances of the City ot Dclray
Beach, Florida, be, and the same is hereby amended to read as follows:
(3) E~tao115hment: Vesting of a SAD project shall occur in
the same ma~ner as sot for the estaolishment of a site plan
approval tt"eference Sections ':L4.4 (01 and lEI J, except that when
the SAD is fc~r a large Scale Mixed Use Development, the initial
approval (val;.:iit eriod shall be s ecificall stated in the
cnacting ordin,,~ In the ev~nt that a SAD pro cct does not:
become ostabli~hed, all usos, waivers, adjustments, and other
actions taken p lrsuant to the SAD shall be void. In order to
proceed to ostablish the same, or another, use it shall be
necessary to prQC~SS a re~oning a rezoning request.
Section 2. '1', at Chaptor 4, "Zoning Regulations", Al.ticle 4.4,
"Base Zoning District", Saction 4.4.25, "Special Activitias District
(SAD)", Subsection 4.425(11, "S.A.D.s", of the Land Development
Requlations of the Code of Ordinances of the City ot Delray Beach,
Florida, be, and the same Ls hereby amended to read as follows:
(5) Marina Cay, Ordinance No. 51-89, not established,
approval expires on Fel:~llal'y-iz7-%99% AUQUat 22, 199~;
Section 3. That thould any section or prOVision of this
ordinance or any portion the,':eof, any paralJraph, sentence, or word be
declared by a court of comp.~ent jurisdiction to be invalid, such deci-
sion shall not affect the vali~1ty of the remainder hereof as a whole or
part thereot other than the parr. declared to be invalid.
Section 4. That all :rdinancea or parts of ordinances which
are in conflict herewith are here~ repealed.
Section 5. That ~hi. "rdlnance Shall become effective ten
(lO) days after ita passalJe on seccnd and final re&din9.
'.
CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Mar 08,9: 14: 3:3 c, .1:'5
\ - - ~
" .
- _.. -. .' -....
..... _. .~.. - . .. ... '. , -
PASSF;O AND MlOPTED in regular session on second and final
reading on this the _____ day of I 1991.
M.'.YOR
A'I'TEST:
City Cl<nk
Fi.rat Reading
Second Reading
"
-; OkD. NO. 31-91
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI TY MANAGER tJit1
SUBJECT: AGENDA ITEM # foE.. - MEETING OF MARCH 26, 1991
ORDINANCE NO. 32-91
DATE: March 20, 1991
This is a second 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.
"0
.
(~RDINANCE NO. 32-91
i AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 51-89,
I TO PROVIDE FOR AN EXTENSION OF THE APPROVAL DATE FOR
,
I THE MARINA CAY SAD TO AUGUST 22, 1992; PROVIDING A
I 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, I
1989, be, and the same is hereby amended to read as follows:
Section 3. That the development of the subject property I
descr ibed 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
'.
. "
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #/~ - 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 or iginally
rezoned the Marina Cay property to SAD.
The Special Adjustment Advisory Board recommends approval.
PH :13/~
CITY ATTORNEY'S,OFF!CE TEL No. 407 278 4755 Mar 08,91 14:38 P.06
- . - . .
- ' .
-.._-- -- - ...- --.--
('RDlNANCE NO. 32-!H
AN ORDIN~CE OF THE CITY COMMISSION OF THE CITY OF
OELRAY 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; l?ROVIDING 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:
Section 3. That I 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 Exhi.bit "A"
attached hereto and made a part hereof I and that approval of the
development as set forth in Exhibit "A" will expire on August 22,
1992.
Section 2. That should any seotion or provision of this
ordinance or any portion thereof, any paragraph, sentenoe, 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 onUnallce shall become effecti vo ten
(10) days after its paSS4;O on second and final reading.
~ASS!D AND ADOP'l'ED in roqular session on second and final
reading on this the _____ day of , 1991,
MAYOR
ATTEST:
City Clerk
First ReadlnC)
Second. Read.inC)
'.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER .'9r1
SUBJECT: AGENDA ITEM # r.or - MEETING OF MARCH 26, 1991
ORDINANCE NO. 33-91
DATE: March 20, 1991
This is a second 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.
CITY OF DELRAY BEA[H
~'l.~TrO~NEV!S OFFICE .
.
MEMORANDUM
Date: March 7, 1991
To: Ci.ty Commission
From: David N. rrolces, -X~
Assistant City Attorney"'-
Subject: LDR Amendments - 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 LOR'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
,.
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, FLORIDA, BY
REPEALING THF 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:
Section 1. 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 her~by amended by repealing the definition
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:
AUTOMOBILE BROKERAGE
The conduct of business iesuit,i.nq in the sale :;f .;in ",,-,t::>:ne,bi 1-2
~-,ther '"-:.h:ln when a Pdr-t of n",'..1 and/or used car sales.
:r..UTOMOBILE DEALERSHIP, FULL SERVICE
'7:,e "rovision of all services nece3sary to c.:::-:::ommodate the
~a~e and service of new automobiles in~luding franchise sales.
~t a minimum, all of the following must be accommodated at the
de<.llersbip site in OLder to qualify as a full service auto-
IU0b~~c dealership, franchise auto sales, auto repair, and auto
s<::rvi::e.
LAND DEVELOPMENT APPLICATION
A request for any of the processes which are necessary to
,.:;btZl i.n:i~velopment permission including, but not limited to,
the processing of annexations, rezonings, 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:
.l. the creation of not more than three lots each of
which fro~ts on an existing street, and which involve neither
the extension of utilities, nor' the providing of additional
ll.a[J.t..-~~f-way;
,,"
.., ;:he c:reation or a vlat solely fOl' the purpose of
<. ,
creating divided interests for a previously approved develop-
r~lent, which is to be constructed pursuant to a master develop-
r.ent or site plan, other than residential development;
3. 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-
t've date of an ordinance, or amendment thereto, which does
not conform after the passage of the ordinance, or amendment,
,vi th 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 Itlhich involve alcohol abuse, drug abuse, halfway:
houses, and residential treatment programs.
3e::tion 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 iz hereby amended to read as follows:
SUBDIVISION
Any land, vacant or improved, which is divided or proposed to
be divided into two ::lr more lots, parcels, sites, uni~s, or
plots for the p~rpose of offer, sale, or development ei~her on
the installment plan or upon any and all other plan.s,
and conditions. The act "Subdivision" includes the division
or development of re tial and nonresidential zoned land,
as well a.s the division of units, whether by need, iTIe-:e.s and
bo'-!nds descript~on, devise, l.ntestacy, lease, map, plat, or
other recorded instrument. F'or pUl'poses of this chapter,
"Subdi'lision" includes condominiums, cooperatives, and rental
units. "Subdivision" includes resubdividing as replats.
M~ft~r-S~bd~~~s~o~-meaas-daY-3~&d~~~3~o~~-eoa~a~~~"~-"e~-mere
~~aft -ehree -+3+ -i~es -~rofte~~~ -eft -aft -e~~se~~~ -3~ree~, -ftoe
~~~e~v~ft~-afty-ftew-sereee-er-road-er-~~e-e~eeft3~eft-e~-m~ft~e~~ai
!;!e~H,~j,es -or -efte -erea~j,eft -of -afty -~~bl.ke -i,m~revemea~!l-:' --A
b~cftddry -1!'l~l::, -~ftel -a -efte -e~me -3~ii,~eia~ -e~ -a -le~7 -aa6 -e~e I
dd?~~e~e~e-e~-~ro~erey-l~fte~-~s~~-mi,ftOr-3~bd~v~!l~eft.--~-m~;orl
>!':1~d~v~!:~,,!\ -meaas -all -S~be.:tV'l:!l'l:eas -aee -eiass'l:~:teel -~s -l!\'l:Mlf'
St1beli,vi,:!lel'l.!l-:'
Section 4_ That should any section or provision of th:..s
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, .such deci-
3ion shall not affect the f the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 5. That all 0, -dinances or parts of ordlnances which
~re in conflict herewith are hereby repealed.
Section 5. That this ordinance shall become effective ten
( ':'0) days after its passage on second and final reading. I
- ORD. NO. 33-91
I
I
,"
I
I
F;S:-;ED \ND ADOPTED in regular ses3ion on sec;:.nd and final
(-"'3ding on this the _ day 0f , 19~1
N;AYOR
,TTEST:
~:_ '::..y Cle=k
First Reading
Second Reading
'~1' ,. ~i""'r ll-Cll \
"u
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ,C>~ - MEETING OF MARCH 26, 1991
ORDINANCE NO. 30-91
DATE: March 20, 1991
This is a second 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 of Ordinance No. 30-91 which provides procedures
for the Historic Preservation Board to follow prior to designating a
site as being historic.
'.
CITY DF DElRAY BEA[H
,".~ 'l .,~TjORNEY!S OFFICE . . .
NEMORANDUM
Date: March 7, 1991
To: City Commission /
/~
From: David N. Tolces, Assistant City Attornew
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 City
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
Attacrunent
cc: David Harden, City Manager
"
(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 f Bed and processed
pursuant to Section 2.4.7((E).
-+37 ill 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,
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
I
2 ORD. NO. 30-91
"
PALM BEACH COUNTY GUARDIANS
P. O. Box 2025
Delray Beach, FL 33447-2025
(407) 278-6195
"If you are not a part of the Solution,
then you are a part of the Problem!"
0: MR. TOM LYNCH, MAYOR ..
ALL CITY COMMISSIONERS
, CITY OF DELRAY BEACH, FLORIDA
.
1990 - 1991 HE PAL~ BEACH COUNTY GUARDIANS, A CHAPTER OF THE NATIONAL
OFFICERS LACK POLICE ASSOCIATION WHICH IS LOCATED IN WASHINGTON,D.C.
Benjamin Baldwin HICH HAS MEMBERS IN "BLACKS IN LAW ENFORCEMENT, INC.",
HOSE ADVISORY BOARD OF DIRECTORS CONSISTS OF A NUMBER OF
President LeCTED GOVERNORS OF OUR GREAT UNITED STATES, DO HEREBY RE-
OLVE THAT THE CITY OF DELRAY BEACH, FLORIDA DO HEREBY
Roel Ritfeld IRE AN AFRICAN AMERICAN AS THE NEXT CHIEF OF POLICE OF OUR
1st Vice Pres. ELOVED CITY BECAUSE OF DISCRIMINATION WHICH HAS BEEN BASED
N OUR ETHNICITY, AND BECAUSE OUR COMMUNITY CAN NO LONGER
Verna Cook E PLACATED WITH "Parties and fish fries".
2nd Vice Pres. are in favor of this resolution, however we are open to
Ivery Williams candidate who has years of experience as a
Treasurer
One who is concerned about the quality of
Jackie Mobley-Charles ife, not only in the black community, but the community as
Exec. Secretary
whole, one who has improved the standards of performance
Julius Mitchell .
Trustee f all law enforcement personnel, one who is concerned with
Eric Davis he plight of all innocent victims of crime, and one who has
Trustee
functioning racially balanced community relations unit.
Reginald Hill
Trustee he community leaders who are today representing The Commu-
.
James Cook ity Churches United, The N.A.A.C.P., and the Haitian commu-
Sgt.-at-Arms ity will expound on their reaFons for the previously men-
ioned resolution.
e are also including a five (5) year plan which has already
een presented to the Honorable Mr. David Harden. The plan
would be beneficial to the entire city.
Member of the National Black Police Association
,"
PALM BEACH COUN1Y GUARDIANS
P. O. Box 2025
Delray Beach, FL 33447-2025
(407) 278-6195
"If you are not a part of the Solution,
then you are a part of the Problem!"
..
First year - By Mayor hiring date,Black chief or deputy chief.
. Revise testing system for promotional exams(No
blacks promoted since 1979 except for one ( 1 )
SERGEANT. Dept. only has two ( 2) black sergeants,
1990 - 1991 one appointed, one promoted, as officers.
OFFICERS Cultural, sexual, and victim awareness sensitivity
Benjamin Baldwin training, for entire city departments.
President Minority representation in all specialized units.
Second year- Hire more Afican Americans, Haitians and Hispanics,
Roel Ritfeld to reflect the racial make-up of the city.
1st Vice Pres. AT NO COST TO THE CITY THE N.B.P.A. AND THE NATIONAL LATINO
PEACE OFFICERS ASSOCIATIONS WILL CONDUCT A NATIONWIDE SEARCH
Vema Cook OF QUALIFIED POLICE OFFICER CANDIDATES.
2nd Vice Pres. Minority officers given equal opportunity to
attend specialized schools.
Ivery Williams Third year - Continued positive interaction with the entire city.
Treasurer o-1'.d On going sensitivity training keying in on cultu-
1-(.'(.<1 't-I, tjt'o,' ral differences and victim awareness to re-
Jackie Mobley-Charles enforce the established concept that in the city
Exec. Secretary of Delray Beach, there is Fair and Equitable
treatment for all citizens.
Continued upward mobility of officers as positions
Julius MitcheU become available. .
Trustee
Fifth year - Delray promotes first African American Major.
Eric Davis *****************************************************************
Trustee
Attached is a copy of the N.B.P.A. pledge, which is taken
Reginald Hill
Trustee directly from the by-laws. We only want positive incidents
.
James Cook to occur in our city; we do not want a Los Angeles Police
Sgt.-at-Arms Department incident
to occur.
WE PLEDGE TO WORK POSITIVELY AND EFFECTIVELY WITH ALL PARTIES
INVOLVED, TO NETWORK WITH AGENCIES LOCALLY AND NATIONALLY AND
TO MAKE AVAILABLE OUR RESOURCES TO ASSIST IN ANY WAY POSSIBLE
TO MAKE DELRAY BEACH THE BEST PLACE TO LIVE AND WORK, BECAUSE
WE ALL LOVE OUR CITYl
Member of the National Black Police Association
'.
PALM BEACH COUNTY GUARDIANS
P. O. Box 2025
Delray Beach, FL 33447-2025
(407) 278-6195
"If you are not a part of the Solution,
then you are a part of the Problem!"
..
,
MAY GOD BLESS US ALL AND HELP OUR CITY TO COME. TOGETHER AND
1990 - 1991 BEGIN TO ERASE THE PAST.
OFFICERS
Benjamin Baldwin Sincere~y,
President
Roel Ritfeld B~t::ldw~~:::ent
1st Vice Pres.
Vema Cook
2nd Vice Pres.
Ivery Williams
Treasurer
Jackie Mobley-Charles
Exec. Secretary
.
Julius Mitchell
Trustee
Eric Davis
Trustee
.
Reginald Hill
Trustee
,
James Cook CC: NATIONAL BLACK POLICE ASSOC.
Sgt.-at-Arms WASH. D.C.
MR. CALVIN HOWARD, SOUTHEASTERN REGIONAL CHAIRMAN,N.B.P.A.
DALLAS
Member of the National Black Police Association
'"
PALM BEACH COUNTY GUARDIANS
P. O. Box 2025
Delray Beach, FL 33447-2025
* * * * * * * * * * * * * * * * * "If you are not a part of the Solution,
then you are a part of the Problem! "
..
.
,
As members of Palm Beach County guardians we pledge
l. To seCure all legitimate Rights and Privileges for Black People.
2. To improve the relationship between the police and the Black community.
3. To evaluate the policies and programs within the Criminal Justice System
and their effect upon the Black Community.
4. To establish the free and rapid flow of pertinent information and educational
opportunities that all a~ailable to all members and their community.
5. To elevate, protect, and work for the good and the welfare of the Black Community
and the community at large, the country and the membership.
6. To encourage and aid the enlistment of Blacks into the Law Enforcement Profession.
7. To encourage and stimulate the advancement of Black Law Enforcement Officers to
higher levels of Criminal Justice Administration and Supervision and Management. .
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.
. .
The Building Department issued a violation to me, dated October 20,
1987, and sent it by certified mail to my home. Upon receipt, on
October 28, 1987, I immediately went to the office of the Building
Department and I was told by Mr. Pendergrass that I had an illegal
permit for the windovls in my patio. I was told to return on
November 2, 1987, when Mr. O'Shea would be back from vacation.
When I met Mr. O'Shea in his office with my next-door neighbor, we
talked about how this all came about. Someone had complained by
telephone to the Building Department.
First of rl_ll,- r have a permit here for the windows ; l"l l"l"I'tr -r"\""::I ~ ; ,.."
........... .4UJ 1:"1.,.4 '-'.......,
Permit No. 427l-86M dated 8/29/86, signed by Mr. Pendergrass.
Please note that on the upper right~hand corner of the permit is
written: "CC lO-2l-87 Visual Inspect. Only" . Doesn't it seem
strange that Mr. Pendergrass would write such a note when he knew
my patio 1'laS 10 feet from the wall on the side because he had been
to my house at least a dozen times and measured it to begin.
I think some consideration should be taken in regard to this permit
as to an error by the person who applied for it and also by the
Building Inspector who signed it (Falsified - Fraud).
Mr. Pendergrass was the Building Inspector who was at my house from
the beginning of the patio construction to the completion of it as an
enclosed screened patio.
During the heavy rains, my patio 1vas flooded because of a 2-foot
concrete wall around the bottom of the patio which caused the water
to settle there. I notified the members of the Board of Directors in
my complex that I wanted to put windows in place of the screen in the
patio. They gave their approval which I needed to make any changes
and my next step was to notify Mr. Pendergrass that I wanted to put
windows in the patio. In reply, Mr. Pendergrass had no objection and
told me to tell the window company to get a permit with the City of
Delray Beach.
I told Orville Marks, the salesman for Dura Seal Window Company, who
was right there at the time with Mr. Pendergrass, the members of the
Board of Directors and my neighbor, that he must have a permit to
install the windows before he did so. Mr. Pendergrass said if Dura
Seal did not get a permit, he would be fined $50 a day, up to $250 a
day. When the windows were put in a week later, I asked Mr. Marks about
obtaining a permit and he replied, "Don't worry, I got the permit and
it is on record in the Building Department."
When the windows were put in, Mr. Pendergrass came around a couple of
days after to check on the condition of the roof of the patio, and he
said to me that in order to make the room legal, I would need to have
an electrician install 3 electrical outlets in the patio along the
bottom 2-foot concrete wall. I already had 3 outlets and did not need
any more, but I complied with the law and Mr. Pendergrass' instructions
and called an electrician to immediately install the 3 extra outlets.
Because of the constant trouble with the repair of the roof of the patio,
Mr. O'Shea accompanied Mr. Pendergrass at that time. He saw the windows
and never said a word about a violation.
- 1 -
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Not only did I have windows installed at great expense of $3,000,
but it cost me another $105 for 3 extra electrical outlets and close
to $600 to install vertical blinds. I would never have put the
windovls in and gone to all this expense if I knew all this trouble
was going to happen.
The back portion of my patio is the rear of the building. It is
10 feet from the fence and another 10 feet to the other house
behind mine. MR. O'SHEA SAID THAT PORTION IS LEGAL AND HE CAN GET A
CLEARANCE FOR THE BACK PART.
-
I have asked my next-door neighbor to corne with me today. He approved
of the windows and feels it makes the area look attractive. Also, in
speaking to my neighbors and members of the Board of Directors in my
complex, I know I could get the required amount of signatures
necessary to seek a variance.
During the course of the patio construction in which I had a lot of
trouble with the Delray Builders, Mr. Pendergrass said that if Bob Lipp
of Delray Builders does not corne back to fix the leak in the roof of
the patio, he would strip him of his license. However, Gulfstream
Roofers carne and did the repair job. I had to wait almost 2 months
before Gulfstream reparied the leak and Mr. Pendergrass knew of the
trouble I had with the Delray Builders because I .vas in constant touch with
him by telephone and he had corne out to see the condition of the roof.
The reason I had to wait 2 months for the repair was because the
original roofing company, National Roofers, said they were not going
to corne back to fix it because Bob Lipp ow~s i;hem $1, 000, During- the
course of the almost 2 months, Mr. Pendergrass did nothing about this
incident.
I told Mr. O'Shea that Mr. Pendergrass vaguely remembered my patio when
I had come to his office on October 28, 1987, but instantly pointed out
that my permit was illegal because it said "Remove existing windows
and replace with new awning type windows."
That is neglect of his duties; it is his job to inform me. Anyone
can "lalk off the street and come in and ask for a permit and say they are
replacing windows with windows and get a permit. "Because they are short 0:
help" is the reason Mr. Pendergrass said he did not inspect the job before
and after and signed the permit.
After my meeting with Mr. O'Shea and Mr. Pendergrass on November 2, 1987,
my neighbor and I vlere told that he was going to turn this case over to the
State of Florida. He told me not to get a lawyer involved. He said just
sit tight. He told me to call him in about 10 days. Mr. Pendergrass
never said much. I did call Mr. O'Shea on Friday, November 13th and he
told me he did not look into the matter yet. But turned his story around
by saying he was going to notify Dura Seal Windows and ,'lai t for their
response. He said it was going to be tought to get a variance, but he
.-ri 11 "wrk on it. Because of a falsified permit and the signing of this perr
I feel Mr. O"Shea is covering up his Department and I have to suffer. Is
that fair:? I was asked to call back in 10 more days.
'. -, ')
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On November 16, 1987, I went to the Building Department. Mr. O'Shea
told me he was going back to his original plan by mailing my violation
to the State of Florida.
On Monday, November 30, 1 9874_ I called Mr. O'Shea and we talked about
my patio. He said he did not notify Dura Seal Windows or the State of
Florida. He said that he was going to review my case. He said it was
still on his desk. I told him I will not notify my lawyer to file
papers against the Building Department and Durn Seal until he had ample
time. I did not want to do anything to jeopardize his investigation.
He Cilso told me that my cnrtnrp of getting a V:a.~RG-e--was 1::;01 T ~~,~
_IV. -1. V\.J~U
him I had a permit and because it was falsified, negligence
and irresponsibility on the part of the inspector, it was not my fault.
I did everything with the law, Board of Directors, Building Inspector,
told Dura Seal to get a permit, installed 3 electrical outlets because
Mr. Pendergrass told me it would be legal if they were installed.
Mr. O"Shea asked me to wait for his phone call on Friday, December 4th.
On Thursday, December 3 , 1987, I spoke to Donna, Mr. O'Shea's secretary
on the phone, and she told me that Mr. O'Shea did nothing at all in
regard to my patio.
Mr. O'Shea told me to sit back with a permit and a violation and probably
he would contact Dura Seal to give me my money back and take out the window
I do not want my windows out.
I would appreciate, Mr. Kruger, your help in getting a variance.
Murray Donnazita
2115 N.W. 15th Place
Delray Beach, Florida 33445
Telephone No. 265-1985
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f!ft1
SUBJECT: AGENDA ITEM # I~A - MEETING OF MARCH 26, 1991
ORDINANCE NO. 23-91
DATE: March 20, 1991
This is a first reading of an Ordinance rezoning property located on
the east side of Palm Square from Residential Medium (RM) Zoning
District to Community Facilities (CF) Zoning District in order to
accommodate the proposed expansion and upgrade of a parking area south
of the Boyd Building.
It is the intent of the owner to provide 31 parking spaces
specifically for the proposed passenger boat loading and ticket sales
office. Those spaces are to be developed in conjunction with the
Canal Street Restaurant parking lot to the north. At present, that
parking lot has 40 spaces. Additionally, the Canal Street Restaurant
is requesting a 980 square foot deck expansion. That expansion would
require an additional four parking spaces. In total 75 parking spaces
are to be provided.
Because the Future Land Use Map shows this property as Medium Density
Residential, the property must be rezoned in order to support a
parking lot. While CF zoning is primarily intended for facilities
which serve public and semi-private purposes, it does accommodate a
privately operated parking lot as a conditional use.
The Planning and Zoning Board at their January 28th meeting
recommended approval (6-1 vote/-Naron dissenting). Several residents
spoke in favor of and in opposition to this request. The Community
Redevelopment Agency is in favor of the rezoning request and the
exp~nsion of the parking area.
.
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~~ -- - ~ ~~ - ----=---=---~~~.=::...==:=.::-.....=--=-- : ===-~
- - ----- - ------
- .------
ORDINANCE NO. 23-91
AN ORD INANCE OF THE CITY COMMISSION OF THE CITY
OF DELAAY BEACH, FLORIDA, REZONING AND P LAC DIG
LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESICEN-
TIAL) DISTRICT IN CF (COMMUNITY FACr:.ITIES)
DISTRICT; SAID LAND BEING LOTS 58 AND 91 Of A
SUBDIVISION OF BLOCKS 125 AND 133 OF THE CITY Of
DELAAY BEACH, FLORIDA, KNOWN AS PALM SQUARE, AN
UNRECORDED PLAT; SAID LAND BEING LOCATED ON THE
EAST SIDE OF PALM SQUARE, BETWEEN EAST ATLANTIC
AVENUE AND S.E. 1ST STREET; AND AMENDING "ZONING
DISTRICT MAP, DELAAY BEAC H , fLORIDA, :990";
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 DELAAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the CF (Community Facilities) District as defined in Chapter
Four of the Land Development Regulations of Delray Beach, Flori-
da, to-wit:
Lots 58 and 91 of a subdivision of Blocks 125 and 133
of the City of Delray Beach, Florida, known as palm
Square, according to the unrecorded Plat thereof
prepared by George A. Long, Surveyor, February 1920 for
Frank Noble, Trustee, a copy of said unrecorded plat
being on file in the office of the City Clerk of Delray
Beach, Florida. Said lands being more particular:y
described as follows:
A part of Blocks 125 and 133 of the City of De 1ray
Beach (former ly Linton) , Florida, as per plat thereo f
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 : beginning at a point on the east line
of Block 133 west of the canal, which point is approxi-
mately 190.02 feet southerly from the Northeast corner
of said Block 133 west of the cana I; thence southerly
along the east line of said Block 133 west of the
canal, a distance of 25.11 feet, more or less: thence
run west 239.65 feet, more or less and parallel to the
north line of said Block 133 west of the canal to the
then right-of-way line of Palm Avenue: thence run north
along the east right-of-way line of Palm Avenue a
distance of 25.00 feet, more or less: thence run east
and parallel to the north line of said Block 133 west
of the canal a distance of 243.07 feet, more or less,
to the point of beginning.
The subject property is located on the east side of
Palm Square, between East Atlantic Avenue and S.E. 1st
Street.
The above described parcel contains a 0.1388 acre
parcel of land, more or les..
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 Oelray Beach, Florida, to
conform with the provisions of Section 1 hereof.
Section 3. That all ordinances or ~arts of oadinances
in conflic~ nerew~eh be, and the same are here y repeale .
"
,- - ----_._- - - ~----
- ---- ------ --------------
---. - ---- ._- .-------- --'
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 ~~e
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effec'::.'..e
immediately upon passage on second and fina 1 reading.
PASSED AND ADOPTED in regular session on second ar,d
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 DOC U MEN TAT ION
-
TO, ~~ON MACG~EGOR-HARTY, CITY CLERK
L \u.-~~ -j ~L(l~
FROM: ~D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
FIRST READING OF ORDINANCE REZONING PROPERTY ON THE
EAST SIDE OF PALM SQUARE FROM RM TO CF
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Corrunission is that of
approval of a rezoning ordinance. The change is for a
0.13 acre area compris~of two substandard RM lots.
The project involves expansion and upgrading of parking area
south of the Boyd Building (Atlantic Avenue at the
Intracoastal).
BACKGROUND:
(Also, see the related agenda item pertaining to establishment of
a passenger boat loading area.)
This property is currently vacant and is in the same ownership as
is property to the north. Immediately to the north, adjacent
vacant land is zoned CBD. A CBD zoning designation cannot be
accorrunodated on this site because the Future Land Use Map shows
it as Medium Density Residential; hence the current zoning of RM.
The property owner wishes to expand and upgrade the existing
parking area. To do so, this property must have a zoning other
than RM. The Corrununity Facilities (C.F. ) district in a vehicle
through which this desire can be accorrunodated. While the C.F.
district is "primarily intended for facilities which serve public
and semipublic purposes" it does accommodate a "privately
operated parking lot" as a conditional use. Thus, the use of the
zoning for the intended purpose is appropriate and permitted.
This application of the Code has been challenged by a Mr. Dominic
A. De Ponte. See his attached letter excerpt.
The lots in their present configuration and zoning cannot be used
for any purpose allowable under the RM zoning district.
'.
. ,
City Commission Documentation
Meeting of February 12, 1991
First Reading of Ordinance Rezoning Property
On the West Side of Palm Square From RM to CF
Page 2 ' -
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at it's
meeting of January 28th at which time a duly notice public
hear ing was held. The Board considered the argument of Mr. De
Ponte and then unanimously (7-0 ) recommended approval of the
rezoning.
RECOMMENDED ACTION:
By motion, approval of the Ordinance on First Reading and setting
of a public hearing date of February 26th.
Attachment:
* Excerpt of Mr. De Ponte's letter which pertains to the
rezoning.
DJK/#78/CCPALM.TXT
-_."-
.,
TO: DELRAY BEACH PLANNING &ZONING COMMISSION
,
':'" APFLICATION FOR BOAT UU1DING AND SALES TICKET OFFICE - PALM WAY
AGENDA ITEM 1118
I am appearing tonight to challenge the legality of this Application as
follows:
I. ISSUE REGARDING CHANGE OF ZONE FROM RM TO CF
A. In this application, a Community Facility zoning is an improper
zone to use. It is a violation of the purposes and intent of
Section 4.421.
, U(A) Purpose and Intent: The Community Facilities (CF Districtlis
a special purpose zone district primarily intended for facilities which serve
public and semi-public purposes. It is also applied to regulated properties
subjected to a transfer of developmental rights. Such purposes include
~overnmental uses. churches. educa~ional. service and institutions. The CF
~ rict is deemed compatible with all land use designations shown on the
Future Land Use Map."
It's scope is to include in 4.4;21 (B) the following uses:
( 1 ) Governmental Facilities such as courthouses, post office, fire
stations, etc.
( 2 ) Community Facilities. such as civic centers. community
centers. community theater. cultural facilities and
auditoriums. libraries. museums.
( :) ) Parks and Recreation facilities, such as parks, ballparks.
( 4) Service oriented facilities, such as Abused Spouse Residences,
Child Care Centers, etc.
FURTHERMORE , Delray Zoning Code Section 173.745 states the Purpose and
1~7.746 outlines Permitted Use, as follows:
"Such Facilities shall include cultural. educational. medical.
institutional and qovernmental facilities.1I
'.
. '
(B) A commercial boat landing and sales ticket office does not come
w~thin any of the above ou'l ined uses, AND, therefore, it cannot
avail itself of a CF Zone change.
I interpreting ordinances, we must look at the Legislative intent. Clearly,
lis type of operation is not contemplated to be included as "Community
lcility.1I If you permit this interpretation, then, it would be too broad
nd vague and become an Unconstitutional Ordinance at Law, but it is good
,
aWe It is to be interpreted properly. CF could conceivably be used in
~ zoning application situation under the above premise, which is bad law.
fowever, statute 173.746 clearly defines the uses that could avail itself of
:his Zarling Ordinance and none include a boat excursion or amusement ride.
2onsequently, CF Zoning cannot be made available to cover this special
situation. The Zone change must be rejected and denied.
\
(C) In the event this Zone is approved in its present form, it would be
:,
tantamount to SPOT ZONING'which is illegal. Effectively, you are
changing RM Zone to C8D Commercial. You are permitting indirectly
what you could not permit to do directly. If you find a hardship
because of the argument given and grant this Application, it would
amount to a Variance which your Commission has no authority to
I'
give, and it would again be spot Zoning.
The only remedy available to Applicant, if he wants to pursue this
Use, would be to seek a Land Use change and a new Future Land Use
Map for a caD Zone, and Applicants knew this from the start.
,
I,
The proposed use is incompatible with RM Zone and Adjoining
Residential Historic District. It is, furthermore, inconsistent with the
ambiance of the Historic District. Lastly, it is against the Comprehensive
Plan adopted February, 1990 which recommends that this area remain stable.
\
2
\,
,
I can't 60njecture anything that is nore unstable than this Amusement Ride
with a box lunch and drinking parties in the daytime and evening! ! ! A
C;- -~VAL ATMOSPHERE ! ! ! !
,-
Lastly, it would be logically inpossible, in light of the above, for the
Staff and Commission to render favorable required findings as per Section
\
2.4.5(0)(1) and section 3.1.1.
~
THE ZONING APPLICATION MUST BE DENIED.
\ The request for consideration for a Conditional Use for a private
ISSUE II:
~
parking lot in the CF Zone therefore becomes ma~ for reasons set out above.
,
ISSUE III: Consideration of Conditional Use for a passenger boat loading
facility and ticket office in CBD Zone is improper.
A. There is no use set out in CBD Zone for a boat landing facility -
it never intended to permit this type of operation.
B. Applicant attempts to utilize section 4.3.2. (C)(2) to establish a
"~imilarity of use" to classify use of Applicant in CBD Zone.
~
( 1 ) section 4.4.13(B)(3) is relied on as one similar use viz
\ "RESTAURANT."
~ Although Application mainly states use as a boat landing
facility and a boat sales ticket office. Then the reports
talk about a restaurant with food. It wasn't until 1-14-91 in
a letter sent by stillwater Cruises to Mr. Handelmann when
they first disclosed sale of food. I AM VERY SUSPECT OF THIS
- WHOSE IDEA WAS THIS? It appears as a realization of a
weakness in their argument without food. However, the use
\ described still does not meet the SIMILARITY TEST for the
~ following reasons:
3
\
'.
PLANN'I NG 8 ZONING BOARD
- -- STAFF REPORT'-~-
CITY OF OELRAY BEACH
MEETING rnTE: JAl',mARY 28, 1991
AG~ ITEM: III. D.
REZONING FROM RM TO CF ON APPROXIMATELY 0.13 ACRES IN ORDER TO ACCOMMODATE
I TEH : PARKING FOR COMMERCIAL USES. THE AREA IS LOCATED BETWEEN COMMERCIAL ZONING
AND RESIDENTIAL ZONING ON THE EAST SIDE OF PALM SQUARE, SOUTH OF ATLfu~rlc AVE.
,-
W'
>'
~. 21
q) 12
ZJ
.
a
.
GENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Coastal Properties
Gedney Station, New York
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Digby C. Bridges
Location........................On the east side of Palm Street,
just South ot East Atlantic
Avenue.
Property Size...................O.1388 Acres
City Land Use Plan..............Medium Density 5-12 du/acre
City Zoning.....................RM (Resid~ntial Medium)
Adjacent Zoning.................Horth and West of the subject
property is zoned CBD (Central
Business District). South ot the
subject property is zoned RM
(Residential Medium), and the
Eastern border abuts the
Intracoastal Waterway.
Existing Land Use...............Vacant
Proposed Zoning.................CF (Community Facilities) for a
parking lot.
Water Service...................2" water main trim along Palm
Street.
Sewer Service...................8" sanitary sewer line along Palm
Street.
ITEM: III. B.
, '
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 2
has 40 spaees. The Bridge Restaurant is requesting a 980 sq. ft.
deck expansion. The expansion requires 4 additional parking
spaces. In total 75 parking spaces are to be provided. It is
necessary to rezone lots 58 and 91 to CF in order to use the
property as a parking lot. The current zoning RM precludes such
use.
ZONING ANALYSIS:
This parcel is currently zoned RM. The surrounding zoning is
CBD to the north and northwest, to the east the parcel abuts the
Intra~oastal Waterways and to the south RM. Immediately to the
west there are lots zoned RM which are in a similar situation
(ie. parking potential only).
,
Pursuant to Section 4.4.2l(A), the Community Facilities (CF)
District is a special purpose zone district primarily intended
for facilities which serve the public and semi-public purposes.
Pursuant to Section 4.4.2l(C)(8), privately operated parking lots
and garages are allowed as a Conditional Use.
Another way to zone this property is CBD. In order to zone the
property CBD, it would take a change to the Future Land use Map,
as the existing designation is Medium Residential and would need
to be changed to Commercial Core. With this scenario, there
would be no guarantees that a commercial building, would not, in
fact, be built at some point in the future.
The applicant has chosen the option of zoning the property CF, as
CF is deemed compatible with all Zoning designations shown on the
Zoning Map and would not require a change in the Land Use Plan.
REQUIRED FINDINGS: (Section 2.4.5(D))
Pursuant to Section 2.4.5 (D)(1), a justification statement
of the reasons for which the change is being sought must
accompany all rezoning requests. The code further
identifies certain valid reasons for approving the change
being sought. These reasons include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which
makes the current zoning inappropriate;
* That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
~ appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
"
P&Z staff Report 1/28/90
Commercial Boat Landing
Page 4 ,-
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) That a rezoning to other than CF within stable
residential area shall be denied. (Housing element
A2.4)
The development proposal meets this requirement.
B) That the rezoning shall result in allowing land uses
which are deemed compatible with adjacent and nearby
land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations
exist to properly mitigate adverse impacts from the new
use.
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 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 indicates that
a 10' landscape setback be provided along with a 6' solid wall.
This helps to mitigate the commercial aspect of a parking lot
adjacent to a residential neighborhood.
Land Use Element:
Objective A-I: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate
and complies in terms of soil, topographic, and other
applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
(bl, b3)
This proposal can be considered to be complimentary to adjacent
uses. However, the additional parking could negatively effect
the surrounding neighborhoods.
Land Use Element:
POlicy A-3.3: Proposed development shall accommodate
required open space as provided for under Policy B 2.5 of
the Conservation Element and/or Policy 8-1.4 of the Open
Space and Recreation Element. (See following)
-",.
. . .
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 6
-
ASSESSMENT AND CONCLUSIONS:
Pursuant to Chapter 3, it clearly states that CF is the only
rezoning to occur in a stabilized residential area. By zoning to
CF, it controls the type of use and insures that a commercial
building is not constructed in proximity to the existing
residential units to the south. The issue, at hand, with respect
to Lots 58 and 91 is whether they should remain as RM and not be
usable (substandard RM lots and substandard frontage) or be zoned
so they can be integrated into the commercial property to the
north.
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), and that pursuant to Section
2.4.5(D)(5) the rezoning fails to fulfill at least one of
the reasons listed under Subsection 2.
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:
Recommend approval of the request based upon positive findings
with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive plan.
REF:'3/A:BOAT4.TXT
,'"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER(~
SUBJECT: AGENDA ITEM # ,~ jt - MEETING OF MARCH 26, 1991
ORDINANCE NO. 35-91
DATE: March 20, 1991
This is a first reading of an Ordinance annexing to the City a 29.49
acre parcel of land lying and being in Section 13, Township 46 South,
Range 42 East, Palm Beach County located at the northeast corner of
West Atlantic Avenue and Barwick Road with initial City zoning of
Community Facilities (CF) .
This annexation has been contemplated for more than a year. In Plan
Amendment 91-1, the Future Land Use Map designation for this property
was changed to Community Facilities (CF) in order to accommodate a
middle school at this site. Subsequently, the School District has
acquired the property and is now seeking annexation to the City with
the intent of constructing a new middle school.
The Planning and Zoning Board at their March 18th meeting recommended
approval of the annexation. Comments were heard in opposition of the
annexation and regarding the inadequacy of the traffic report. A
traffic report is not required until the submission of the site plan.
ORDINANCE NO. 35-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH A 29.49 ACRE PARCEL OF LAND LYING AND BEING IN
SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS
LOCATED AT THE NORTHEAST CORNER OF WEST ATLANTIC
AVENUE AND BARWICK ROAD, REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND, PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND, PROVIDING FOR THE
ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT,
PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the School Board of Palm Beach County, a corporate
body politic pursuant to the Constitution of the State of Florida is the
fee simple owner of the property hereinafter described, and,
WHEREAS, the School Board of Palm Beach County has requested by
their petition to have the property hereinafter described annexed into
the municipal limits of the City of Delray Beach, and,
WHEREAS, the subject property hereinafter described is now
contiguous to the corporate limits of the City of De1ray Beach, thus
making said petition for annexation effective at this time, and,
WHEREAS, the designation of a zoning classification is part of
the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the proposed
zoning designation, and,
WHEREAS, the City of Delray Be ach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
PARCEL #1: The West One-Half (W 1/2) of the East
One-Half (E 1/2) of the Northwest Quarter (NW 1/4) of
the Southeast Quarter (SE 1/4) of Section 13, Township
46 South, Range 42 East, containing 9.65 acres more or
less, in the County of Palm Beach and State of
Florida, excepting therefrom the right-of-way for
State Road S-806 as set forth in that certain deed
dated the 16th day of April 1964, recorded April 22,
1964, in Official Record Book 1015, Page 123 of the
Public Records of Palm Beach County, Florida.
PARCEL #2: The Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4) of Section 13, Township 46
South, Range 42 East, excepting therefrom the
right-of-way of State Road No. 806 and also Barwick
Road as now located, Palm Beach County, Florida
and
,'"
I The Northwest Quarter (NW 1/4) of the Northwest
Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of
Section 13, Township 46 South, Range 42 East,
I excepting therefrom the West 40 feet thereof as
conveyed to County of Palm Beach for right-of-way for
Barwick Road in Deed Book 1143, Page 198, Palm Beach
County, Florida.
The subject property is located at the northeast
corner of West Atlantic Avenue and Barwick Road.
The above-described parcels contain a 29.49 acre
parcel of land more or less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
tracts of land and said lands are hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tracts of land hereinabove
described are hereby declared to be in Zoning District CF (Community
Facilities) District as defined by existing ordinances of the City of
Delray Beach, Florida.
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected and
persons residing thereon shall be deemed citizens of the City of Delray
Beach.
Section s. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for ~uch
roads, alleys, or the like, unless otherwise specifically initiated by
the City pursuant to current requirements and conditions.
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. 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 pa~t declared to be invalid.
Section 8. 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.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 35-91
""
(/(
i-";,v1
L, I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
~
~~~Q\~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 26, 1991
ANNEXATION OF PROPERTY AT BARWICK ROAD AND ATLANTIC
AVENUE (Middle School HH2 Site)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which will annex
approximately 30 acres of land into the City with zoning of
Community Facilities ( CF) .
The associated project is the construction of a new middle
school which will replace Carver. The annexation is located
at the northeast corner of Atlantic Avenue and Barwick Road.
BACKGROUND:
This annexation has been contemplated for more than a year. In
Plan Amendment 91-1, the Future Land Use Map designation for this
property was changed to CF in order to accommodate a middle
school at this site. Subsequently, the School District has
acquired the property and is now seeking annexation to the City
with the intent of constructing a new middle school.
Please refer to the Planning and Zoning Board staff report for a
full description and analysis of associated issues.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at i~
meeting of March 18, 1991, at a duly noticed public hearing. One
person, Ernest Scott, spoke in opposition. He presented a
petition and read a letter (copy attached) . The staff agrees
with several of the points raised in his letter with respect to
the inadequacy of the traffic report. However, the traffic
report is not required until there is submission of the site
plan.
Following the pUblic hearing, the Board unanimously recommended
(6-0) annexation with a zoning of C.F.
City Commission Documentation
Annexation Of Property At Barwick Road And Atlantic Avenue
(Middle School HH2 Site)
Page 2
RECOMMENDED ACTION:
By motion, approval of the annexation ordinance on first reading
and set a public hearing date (for second reading) for April 23rd
Attachment:
* Correspondence from Mr. Scott to the School Board (dtd
9/19/90)
* P&Z Staff Report & Documentation of March 18th
DJK/#77/CCSCHOOL.TXT
70: it,e ?~lrn B,=,~cr, l,....o'..ln"t..v SC.r.lCIO~ ,=>ol:lro
:;-;;:OM: 2rnest D. Sco':.":.
'.<iO/J 498-656:'::
DAT2: Septemoer ~9. 1990
My name ~s 2rnest SC01:-t. I l~ve ~n -crJ€' ~re~ 0:1:- the proposeo new
school siee. I nave l~ved tnere i"or almost .i.';' years ana have oeen
act.~ve ~n cornmun~ty a:1:'=- aJ.rs :ior that per1.oo 0:1:- time. - was 1:-he
-
primary person J.nstrumeneal ~n -:..he ~ nS1:-a 11 aeJ. ':In oi" tne or~g~nal
trai"i'ic signal a 1:- the in1:.ersecL:.1.on oi" 1'\1:.1ant1.c ,'"\venue ana Barw~cj.o;
Roao. .J.. i"eel I am more zamiliar W~"t..r-l ehe area 't.ilan prooaoly 95~. oi'
trle ~eo9le a"t 1:.:n.l. e mee"t~n9.
I have a copy oi" the impact analysis prepareo on June 20. 1990
i"rom in:iormaeion suppl~ed oy the School Board and Couni:.y Engineering
Depari:.went. J. question t:he accuracy o~ i:.he in:forma1:.ion supplied i"or
thJ.s analysis.
Why does this analysis s1:.ate 1:-rlat- -che At-lan"t:ic Avenue and
Barw~ck Road ~ntersectJ.on is a ....T.... 1. n1:.er seci:. 1. on wnen J.i:. J.S ~n. i"aci:. a
"cross" intersection. Sherwood Forest j)rive was constructed J.n 1.S89.
It will have trai"fic i:.O and i"rom 120 goli' course nomes: .le will also
have tra:ii"ic to and i'rom Sherwood Go 1 :t" Club. 7here are 1:.WO lanes oi"
trai"fic each way with vehicles go~ng straight. left. rJ.gh-c. and
makinq U-t-urns i"or a total o:f :four-cee>n dii":ferent direct~ons -cra:fi"ic
can go: a dangerous ~ni:.erseCi:.J.on even w~":.nou1:. pedeser~an 1:.rai":iJ.c.
. The' analysis :fails to rneni:-~on that on the west s~oe o~- oarwick
Road. across from the tnree proposed dr~ve6 are a arJ.ve access~ng a
gas station. a conven~ence store. a deli. ano. a i"armers market.
There are also two roads ana fourteen private drJ.veway.s
- ~
.
..
access~ng d~rec-r..':'y on1:-O aarw.lck ';-caa. all ~n a o1.s~ance oi'
,:l f/9raxJ.lna eel y ~ . ~t)O ~eet:...
'Nhy are i:.here :10 access dr-"-ves o...anned i"or i1-:..lan1:.-"-c t\venue:
Cou':'o .l.'t.. be =Iec~use -:":1 1. S would c~u.se ~ d'=lngero1..ls -3~-::'lJ~"C;..on :for
veh~c':'es Oz. Ie i-c poss~ble Atlant.1.c ,"\venue .lS i:.OO dangerou8 i'or
veh~cular access !:>Ui:. noi:. too dangerous i"or pedesi:.r ~ans l' When
Atlant~c Avenue .lS s~x-laneo. w~:.:. ~-c. be sa:ier for peoes-crians?
Whai:. time oi" tne oay was the re%-erenceo i:.ra:ii"~c study done 1- Was
t.ra:if~c a"t ~ts peaK?
Do you. memoers o:i the school boara. know wha1:. AADT (Assumed
Average DaJ.ly Traff~c) means ;- Do you ""now the PeaK Hour Trazi"ic
Generat.ion means that trai":fic volume ~s an average and ~ a peak?
Do you know the peak i:.rai":fic was noi:. analy-zed .ln en.lS anal ys~s?-
On a scale oi' A "through F. woulo you be sati.s:fi.ed w~th C. when
i."t comes "to your own a:i:i a~rs,'
The 1989 MFO Tra:f:fic Counts on West Atlantic Avenue J.ndicate
that the roadway is operating at a level o:f serV.lce below ""C. .. Ii"
.
six lan~ng brings it up to ""C.. ... how long be:fore ~t w~ll be below "C"
again ;- Possibly by 1'~'32 when the school and six l~n~ng are to be
completed?
?lease read Section VII. Conclusion. o:f the Analysis. Do you
underst~nd 1. t 1- I feel r am a reasonaoly ineell~gen1:- person. and I
Clon'"t.
The Analysis recommendeds tha1:. "turn lanes be ?rov~oeo ai:. access
points to the pro)ect on Barw~ck ~oao. .. Ada tn.la to t'Je already
congeated area oz' 15 driveways ~nd 2: roads on the west side o~-
Barwick Road. all within 1.300 i"eet..
"
n'Nhy 1.n 1:-he wor':'c ,""oulo anvone wan"t. ~ -school ~~ "that locat-ion ;-..
,-
"What could tney oe "t.nJ.nK~ng ~ooue ?-..
These are "the "t.wo most o:iten ~sj.<;eo ques1:-ions ;;,y ?eople ~n 1:.he
area oi" the proposeo sJ."Ce.
.,. request -chat you members o:f the school boaro look into this
...
ana1.ysJ.s and the .In:formai:.~on :from wnicn i1:. was developed be:fore you
dec~C1e on this s~te.
I request -chat you visit the s~te. ~:f you have not done so.
Please consJ.der all of these quesi:.ions and fact.s. and I believe
you "".1.11 reJect. th~a s~te.
Thank you for your time.
.
'.
PLANNING & ZONING BOARD
C~TY OF DELRA Y BEACH --- 8T AFF REPORT ---
MEETING DATE: ~Are.h 18 ] QC,.,
AGENDA ITEM: . III. A.
ITE M: A~nexat~o~ for.Middle.Srhool HH~2 N W r.ornpr of R~rwirk And AtlAntir (Srhool Distri~t)
\nth Inltl.al Cl.ty Zomng of CF (Community Facilities).
. --
.... N
I U
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I ,
, I
,. I
GENERAL DATA:
owner...........................School Board of Palm Beach County
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Linda S. Howell
Location........................Northeast corner Of West Atlantic
Avenue and Barwick Road.
Property Size...................29.49 Acres
City Land Use Plan..............Comrnunity Facility - School
Existing zoning.................Unincorporated Palm Beach County
AR (Agricultural Residential).
Adjacent zoning.................North - County AR (Agricultural
Residential) .
East - County AR and City POe
(Planned Office Center).
South - City PRO (Planned
Residential District) and
R-1AA (Single Family).
Southwest - County AR'
Existing Land Use...............Vacant
Proposed Land Use...............Public Education Facility,
Middle School.
Water Service...................14" water main along Atlantic
Avenue, and a 12" water main
along Barwick Road.
Sewer Service...................8" sanitary sewer line along Iter.:: III. A.
Atlantic Avenue.
'ill
.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
annexation and i~itial City zoning for the Palm Beach County
Middle School HH-2 annexation (91-043), a 29.49 acre area
comprised of two (2) parcels lying north of Atlantic Avenue east
of Barwick Road.
Action on this item is via a recommendation to the City
Commission to either annex and establish initial City zoning on
the subject properties or to reject the annexation.
BACKGROUND:
The proposed development of Middle School HH-2 is intended to
replace Carver Middle School. This middle school site also
replaces the existing Davis Road site acquired by the School
District in December 1986.
The "Sharing for Excellence In Schools 1990" plan and program as
presented by residents of the City and endorsed by the City
Commission supported the relocation of Carver Middle School and
maintaining a racial balance of no greater than 60/40. The
recommendations of the Sharing for Excellence plan were approved
by the City Commission and forwarded to the School District.
While the School District did not adopt these recommendations
they did adopt a consensus statement which supported the
relocation of Carver Middle School.
The School District initially acquired property west of Davis
Road south of Delray Shores for a middle school to replace Carver
Middle School. As the School District and the City evaluated the
actual development of the property it was determined that the
access to the site from the north, through Delray Shores and from
the east, Davis Road, was not acceptable. In addition, the site
was not well located to meet School District desires relative to
a middle school. The School District then began searching for an
alternative site. The two parcels which comprise the site at the
northeast corner of Atlantic Avenue and Barwick Road were
acquired in December 1990 and January 1991- The district
boundary for students attending the proposed middle school
remains the same as for those attending Carver Middle School.
Upon adoption of the Citys 1989 Comprehensive Plan, the subject
property was designated as Transitional. This designation allows
development as medium density residential or certain
commercial/office zonings. In consideration of the Sharing For
Excellence Plan and the consensus statement by the School
District, the City amended the Future Land Use Map designation
for this site in Amendment 90-1 to Community Facilities - School.
'.
P&Z Staff Report
Middle School HH-2 Annexation
Page 2
A text amendment to the Comprehensive Plan which was adopted as a
part of Amendment 90-1 states:
A more appropriate site (for replacing Carver Middle School)
exists at the northeast corner of Atlantic Avenue and
Barwick Road. This new site was shown as "Transitional" on
the Future Land Use Map as initially adopted. Locating a
middle school here will have less of an impact than uses
allowable under the Transitional designation.
The proposed middle school is planned to accommodate 1,280
students and a staff of 95. In addition to school buildings, the
site will accommodate a Gopher Tortoise Preserve,
baseball/softball, track, soccer, and tennis, basketball, and
racquetball courts. It is anticipated that approximately 15
school buses will service the school.
Relocation of the middle school is therefore consistent with the
Comprehensive Plan and the recommendations of the Shering for
Excellence Plan, City Commission approval of that plan and the
School Districts consensus statement.
The annexation of the Sherwood Golf Course in October 1988
established contiguity with the proposed middle school site and
made it eligible for annexation.
ANNEXATION ANALYSIS:
The Palm Beach County Middle School HH-2 annexation is comprised
of 2 parcels, 29.49 acres of land, which lays north of Atlantic
Avenue east of Barwick Road. As a proposed middle school site,
the annexation of this property will not result in additional
population being added to the City. The area is currently
bordered on three sides (north, east and west) by unincorporated
Palm Beach County and on the south by incorporated Delray Beach.
Annexation of these properties will not cause the creation of an
additional enclave(s). However, it will add to irregular
municipal boundaries. The irregular pattern along Atlantic
(eastward) is not a concern since the County lands are
undeveloped.
Annexation Policy of the Comprehensive Plan: Annexation of this
property is consistent with Objective B-3 and Policy B-3.2 of the
Land Use Element.
Objective B-3: The City of Delray Beach shall provide
facilities as opposed to services, for that area within its
planning boundaries which is not yet annexed but shall annex
such properties in a quick and orderly manner. This shall
be accomplished pursuant to the following policies:....
'.
P&Z Staff Report
Middle School HH-2 Annexation
Page 3
Policy B-3.2 Facilities shall be provided to
unincorporated areas, upon demand, in a manner consistent
with policies of the City. The provision of water
facilities shall be accompanied by an agreement to
voluntarily annex upon eligibility unless the property is
already eliqible in which case, annexation shall precede
the provision of services.
Water/Sewer Service: The proposed middle school site lies within
the City's service area. There is an existing 14" water main
along Atlantic Avenue and a 12" main along Barwick Road from
which service to the subject properties will be provided.
The school is anticipated to generate approximately 25,000
gallons a day of sewage and utilize approximately 250,000 gallons
of potable water a month. The Citys utilities can accommodate
these demands, although a downstream lift station upgrade may be
required.
Public Improvements: As a result of the availability of services
noted above, no public improvements are required from the City to
provide service to these properties. The School District will be
required to extend water and sewer lines to the northeast corner
of the property for future extension/interconnection to the north
and east. Turn lanes will also be required along Barwick Road.
Police, Fire and Emergency Medical Services: Annexation of the
Palm Beach County Middle School HH-2 site will not have an
adverse effect upon the City's ability to provide fire or
emergency medical services (EMS) . The property lies within
established service zones although unserved by the City as
present since the area is unincorporated.
The effectiveness of fire and EMS is measured by response time.
The responding station for calls in the area proposed for
annexation will be Station #4, at Barwick and Lake Ida Road.
Response time from this Station is satisfactory and is better
than the response time from either Station #1 or #3 to the
present Carver Middle School site. Therefore, annexation of the
area will not cause a detrimental effect on emergency services.
If additional units are required, they will likely be dispatched
from Station t1.
Revenue Implications: Acquisition of the properties by the
School Board for a middle school site will result in the removal
of the properties from the tax rolls, therefore there will be no
ad valorem taxes generated from the property. However, with use
of this site the former middle school site south of Delray Shores
should soon find its way back onto the City tax rolls.
P&Z Staff Report
Middle School HH-2 Annexation
Page 4
Based upon estimated demands, the anticipated monthly utilities
fees will be approximately $1,200 about $337 a month higher than
the current $863 average billings at Carver Middle School. This
recurring revenue is in addition to initial connection fees.
The annexation area lies within defined police, fire and
emergency medical service zones, though not presently served by
the City. Upon annexation and development, no additional
manpower or equipment will be necessary to provide service to the
property or the proposed school.
Other miscellaneous revenues such as cigarette, gas and sales
taxes are apportioned based upon population, therefore annexation
of vacant land scheduled for use as a middle school will have no
additional revenue implications.
COMPREHENSIVE PLAN AND ZONING ANALYSIS:
Comprehensive Plan: Annexation of the subject property for the
development of a middle school is consistent with the Future Land
Use Map of the Citys Comprehensive Plan which designates these
properties as CF (Community Facilities). Schools are an
allowable use within this land use designation under CF
(Community Facilities) zoning.
Zoning Compatibility: The proposed zoning of CF (Community
Facilities) is compatible with the adjacent City zoning of POC
(Planned Office Center) to the east and PRO (Planned Residential
Development) of Sherwood Park and R-1 (Single Family Residential)
of The Hamlet Estates to the south.
The proposed zoning is compatible with the adjacent County
zoning of RS (Single Family, Kingsland) to the north as the
proposed school site and this neighborhood are separated by an
intervening Lake Worth Drainage District canal (L-33) . To the
east is undeveloped land with County AR (Agricultural
Residential) zoning which is compatible with the proposed CF City
zoning. Land west of the subject properties is also
unincorporated with County zonings of CG (General Commercial) and
AR (Agricultural Residential, Highland Trailer Park) . These
zonings are not incompatible with the proposed City CF zoning.
sub
Land Use Plan Compatibility Evaluation: There are no
inconsistencies between the City's Future Land Use Designation of
CF (Community Facilities) and the adjacent County Land Use
designations of "12" (12 dwelling units per acre) and C/8
(Commercial or 8 dwelling units per acre) to the west, "1" ( 1
dwelling unit per acre) to the north, or "5" (5 dwelling units
per acre) to the east.
Current Uses: The property is currently vacant.
.
P&Z Staff Report
Middle School HH-2 Annexation
Page 5
Standards for Evaluating Rezonings: Section 2.4.5 Procedures for
Obtaininq Development Approvals of the Land Development
Regulations requires that the City Commission make a finding that
a rezoning fulfill at least one of three valid reasons for
approving a change in zoning. These three reasons are:
1- That the zoning had previously been changed, or was
originally established, in error;
2. That there has been a change in circumstances which
makes the current zoning inappropriate; and
3. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property , based upon
circumstances particular to the site and/or
neighborhood.
The annexation and zoning of the subject property for a middle
school is the result of the Sharing for Excellence Plan and
therefore constitutes a change in circumstances. This change
emanated from citizen, City and School Board actions as expressed
in the Sharing for Excellence Plan and the School Districts
consensus statement.
Section 3.3.2 Standards for Rezoninq Actions of the Land
Development Regulations sets forth four standards for evaluating
rezoning requests for which the Planning and Zoning Board and the
City Commission shall make findings indicating that the proposed
change has been studied and considered in relation to said
standards.
These four standards are:
1- That a rezoning to other than CF within stable
residential area shall be denied;
2. Affordable housing for moderate and middle income
families, particularly first time home buyers, may be
achieved through increases in density....;
3. Additional strip commercial zoning on vacant properties
shall be avoided....; and
4. That the rezoning shall result in allowing land uses
which are deemed compatible with adjacent and nearby
land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations
exist to properly mitigate adverse impacts from the new
use.
"
P&Z Staff Report
Middle School HH-2 Annexation
Page 6
Standards 2 and 3 do not apply to this request. Item 1 does not
apply as the proposed rezoning is to CF, and the rezoning is
adjacent to not within a stable residential area (Kingsland)
which is buffered by an intervening canal.
The proposed rezoning and middle school use of the site are
compatible with adjacent and nearby land uses and sufficient City
regulations exist to mitigate any adverse impacts from the
proposed development.
The Planning and Zoning Department has reviewed the proposed
zoning against the four standards of Sec. 3.3.2 and no conflicts
exist between the standards and the proposed zonings for the
properties.
Section 3.3.3 Standards for specific areas or purposes requires
that the development of a school not exacerbate the current
unsatisfactory racial balance in Delray Beach schools. As the
district boundaries for the new middle school will be the same as
for Carver Middle School, this is not an issue.
USE ANALYSIS
Description: The proposed middle school is planned to
accommodate 1,280 students and a staff of 95. In addition to
school buildings, the site will accommodate a Gopher Tortoise
Preserve, baseball/softball, track, soccer, and tennis,
basketball, and racquetball courts. It is anticipated that
approximately 15 school buses will service the school.
Traffic and Access: Barwick Road, which abuts the annexation
area on the west, is paved to City standards and is maintained by
Palm Beach County. West Atlantic Avenue abuts the annexation
area to the south is paved to City standards and is maintained by
the State.
Expansion of Atlantic Avenue to six lanes (pavement width of 72
feet) from Jog Road east to I-95 is proposed by the County in FY
91/92. There will be a median in Atlantic east of Barwick Road,
thus only right in and right out access can be accommodated from
Atlantic Avenue.
There should be no appreciable change in school bus traffic in
the Lake Ida/Barwick Road/Atlantic Avenue area except localized
impacts at the intersection of Atlantic Avenue and Barwick Road
as a result of the new destination for the middle school buses.
The district boundaries for students attending the new middle
school are the same as for those presently attending Carver
Middle School.
'.
P&Z Staff Report
Middle School HH-2 Annexation
Page 7
It is likely that the school bus access and major access will be
off of Barwick Road. Thus, turn lanes will be necessary.
As noted previously the subject property was designated as
Transitional on the Future Land Use Map adopted in November 1989
and subsequently changed to CF (Community Facilities) with
Amendment 90-1 in November 1990. Under the Transitional
designation the property could have been developed as one of
several uses. These uses are:
single family residential
medium density residential (5 - 12 units per acre),
a mobile home park,
continuing care facilities,
residential office,
community facilities,
professional offices,
neighborhood commercial, or
planned office center.
Development under the community facilities designation allows a
school. To determine the potential impacts of some of the
alternative development scenarios; medium density residential at
5 and 12 units per acre, a retail center and an office center are
compared in the Table below.
ESTIMATED TRAFFIC IMPACTS
USE INTENSITY ADT *
School 1,280 students, 95 staff 1,290
5 diu acre 147 units 1,484
12 diu acre 354 units 2,160
Retail 2 story 523,820 sq. ft. 2,516
1 story 261,910 sq. ft. 1,258
Office 627,796 sq. ft. 5,506
* Average Daily Trips
This table illustrates that a school would generate approximately
30 more average daily trips (ADT) than would a 1 story commercial
development on this site and approximately 194 less ADT than a 5
unit per acre residential development. A middle school would
generate substantially less ADT than the remaining alternative
land uses. The significance of any difference in the 1 story
commercial use, 5 unit per acre residential development and
""
P&Z Staff Report
Middle School HH-2 Annexation
Page 8
school trips is reduced when one considers that the school would
not contribute to the P.M. peak hour as most departing trips
would occur before 4 P.M.
Since development of this site as a middle school actually
contributes less traffic than other development scenarios, the
main traffic issue to be addressed is ingress and egress to the
site.
The proposed middle school will be subject to the Palm Beach
County Traffic Performance Standards, therefore any capacity
problems will need to be solved concurrent with construction of
the school unless the necessary improvements are programmed by a
governmental agency.
CF - R District Separation/Bufferinq Requirements: Section 4.6.4
Special District Boundary Separation requires that where a CF
district is adjacent to a residential district, whether separated
by a street or alley, there shall be a 15' landscaped setback; or
a landscaped setback of 10 feet with a six foot solid finished
masonry wall or continuous hedge at least 4 1/2 feet in height at
time of planting. This issue will be addressed at the time of
site plan consideration. It is known that the Lake Worth
Drainage District is requiring a 70 foot easement along the
northern portion of the property and the draft site plan for the
school shows a solid line of red maple trees along the schoolward
side of this easement.
Public Improvement Needs: There are no public improvement needs
generated by the annexation, zoning or development of this
property as a middle school.
Site Plan Review: State regulations exempt School Boards and
Districts from local development orders as they are an essential
public service. Although the School District does not have to
seek building permits from the City, they have been cooperative
in generally complying with the City's site and development plan
review process and standards as is required for new construction
elsewhere in the City.
Site plan requirements which have been identified during review
of the annexation request include:
1. Provision of a traffic study per Palm Beach County
Traffic Performance Ordinance 90-40.
2. The ultimate right-of-way for Atlantic Avenue is 120
feet, therefore an additional 7 feet of right-of-way is
required along Atlantic Avenue. Additional
right-of-way for a safe corner may be required at the
Northeast corner of Atlantic Avenue and Barwick Road.
'.
P&Z Staff Report
Middle School HH-2 Annexation
Page 9
3. Dedication of additional right-of-way, combining
existing lots, and provision of easements for public
utilities across the site, will necessitate a replat of
the property.
4. The existing asphalt path along Barwick Road must be
replaced with a minimum 6 foot wide concrete sidewalk
along the right-of-way.
5. Fire hydrants are required along all access roadways at
a minimum spacing of 300 foot road travel between
hydrants.
6. Public utilities will need to be extended to the north
east corner of the property.
7 . A gopher tortoise relocation plan must be approved by
the Florida Game and Freshwater Fish Commission and
implemented by the School Board prior to issuance of
any building permits. (The draft site plan shows a 3
acre reserve in the northeast corner of the site).
Special landscape setback on Atlantic: Section 4.3.4(6)(b)
requires a special landscape setback of 30 feet or 10% of lot
depth along Atlantic Avenue.
The second phase of the Decade of Excellence Bond Issue includes
a beautification project for Barwick Road.
ASSESSMENT:
The City can provide utility and emergency services to the
proposed middle school. Development of the property as a middle
school is consistent with the goals and objectives of the
Comprehensive Plan and the Future Land Use Map. The proposed
zoning is appropriate for the proposed use and the use is
appropriate for the site. Development of a middle school on this
site will generate less impacts than would be allowed under other
development scenarios with the previous Transitional land use
designation.
RECOMMENDED FINDINGS:
1. That the annexation of the subject properties will not
create an additional enclave(s).
2. That service will be provided to these properties in a
manner similar to that for similarly situated
properties which are already in the City.
'.
P&Z Staff Report
Middle School HH-2 Annexation
Page 10
3. That the proposed zoning of CF (Community Facility) is
not inconsistent with adjacent zonings does not
conflict with the four standards for evaluating
rezoning requests as found in Section 3.3.2.
4. The proposed zoning is consistent with the City's
Future Land Use Plan designation of Community
Facilities - School for the property.
5. Development of the property as a middle school is
consistent with the goals and objectives of the
Comprehensive Plan and the Future Land Use Map.
6. The proposed zoning is appropriate for the proposed use
and the use is appropriate for the site.
7. Development of a middle school on this site will
generate less impacts than would be allowed under other
development scenarios with the previous Transitional
land use designation.
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend approval of the Palm Beach County Middle
School HH-2 annexation with initial zoning of CF
(Community Facilities).
3. Recommend denial of the Palm Beach County Middle
School HH-2 annexation with the reasons for denial
stated.
RECOMMENDATION:
By motion, recommend that the City Commission approve the Palm
Beach County Middle School HH-2 annexation with initial zoning of
CF (Community Facilities).
""
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # IZC - MEETING OF MARCH 26, 1991
ORDINANCE NO. 36-91
DATE: March 20, 1991
This is a first reading of an Ordinance amending the Code of
Ordinances to provide for a change to the definition of "Continuous
Service" to allow for benefit eligibility to continue during military
service; to provide for a change in the length of terms of service for
Pension Board members to two years; and to provide that the Secretary
of the Pension Board of Trustees shall be a member of the Board.
Recommend approval on first reading of Ordinance No. 36-91.
CITY RTTORNEY'S OFFICE TEL ~~o. 407 278 4755 t"'1ar 22,91 8: 1 8 P . el2
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CITY ATTORNEY'S OFFICE 310 S.E_ 1st STREET, SUITE" . DfLRAY [lEACH, FLORIDA 33483
407/243.7090 . TrLECOPfFH 407/2 n;-4 755
NEMORANDUM
Dat.e: March 22, 1991
To; City Commission
1\ssistant City Attorn~
From: David N. 'ro]ces,
Subject: !:21ic~_and Firefighters Pension BoaI:d Adjustments
This ordinance is before you on first reading as an amendment
to the City's code sections perta.ining t.o the Police an<l
Firefighters pcn::.ion Board of Trustees. Section 1 will allow
for benefit eligibility to continue during mili tal~Y service.
This change ~5 based on Federal law requirements and is, in
.~ fact, how t.he City administers the Plan.
Section 2 amends the length for terms 01 office for all members
of the Board ot Trust.ees. All merrLbe 1 S will serve two year
terms. -1'he ordinance also 'Ni 11 amend t.he code LO require that
the Board's secretary be a membel- of trl(;' Board.
This office recommends approval.
DNT; sh
Attachment
. ,. - .-. - - ---
I ')RDINANCE NO. 36-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 3. "ADMINI-
STRATION", CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", OF THE CODE OF ORDINANCES OF THE CITY
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.60,
"DEFINITIONS", TO PROVIDE FOR A CHANGE TO THE
DEFINITION OF "CONTINUOUS SERVICE", PARAGRAPHS 2(a)
AND (b) TO ALLOW FOR BENEFIT ELIGIBILITY TO CONTINUE
DURING MILITARY SERVICE; AMENDING SECTION 33.65(B),
"ADMINISTRATION", TO PROVIDE FOR A CHANGE IN THE
LENGTH OF TERMS OF SERVICE FOR PENSION BOARD MEMBERS
TO TWO YEARS; AND AMENDING SECTION 33.65(1), TO
PROVIDE THAT THE SECRETARY OF THE PENSION BOARD OF
TRUSTEES SHALL BE A MEMBER OF THE BOARD; 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 Title 3, "Administration", Chapter 33,
"Police and Fire Departments", Section 33.60, "Definitions", of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
"Continuous Service."
(a) Any authorized leave of absence or vacation, provided all
members similarly situated in similar circumstances shall be
treated alike pursuant to uniform, non-discriminatory rules. No
credit for benefit eligibility for computation purposes under the
system shall be allowed for any such period of leave of absence.
(b) Any service, whether voluntary or involuntary, in the
armed forces of the United States, provided the member is legally
entitled to reemployment under the provisions of the Universal
Training and Service Act and any amendments thereto, or any law
applicable to such reemployment, and provided that a member shall
apply for reemployment within three months following termination of
such service. However, -no -eredi~ -fer -eene~i~ -e%~~~e~%~~y -~or
eomp~~aeion-p~rposes-~nder-~fte-syseem-sftaii-ee-a%iewed-~or-any-s~ea
per~ed -of -ieave -of -aesenee -or -m~i~eary -ser"~ee.. Nothing afore-
mentioned shall serve to reduce the accrued accredited services of
the members on the effective date of the plan.
Section 2 . That Title 3, "Administration", Chapter 33,
"Police and Fire Departments", Section 33.65, "Administration", of the
Code of Ordinances of the City of De1ray Beach, Florida, be, and the
same is hereby amended to read as follows:
(B) The term of office of each appointed and elected trustee
shall be earee two years except that the initial terms within each
category above shall be for two and three years. The initial term
shall commence on the effective date of this system. Initially in
each elective category, the trustee receiving the most votes shall
serve a three-year term, the second most votes a two-year term.
'i'1'l.e -e~~y -eolll1'lli:ss3:on -s1'l.aH: -de~erllli:ne -~1'l.e -~erlll -or -orri:ee -of -eae1'l.
appeifte3:"e-er~seee..
(I) The Board of Trustees shall by majority vote of its
members appoint a secretary who may,-e~~-fteed-no~-ee; shall be one
of its members. It shall engage actuarial and other services as
shall be required to transact the business of the retirement
system. The compensation of all persons engaged by the Board of
Trustees and all other expenses of the Board necessary for the
'.
.
operation of the retirement system shall be paid at those rates andi
in amounts as the Board of Trustees shall agree. Funds may be i
disbursed by the City Finance Department or other disbursing agent
as determined by the Board, only upon written authorization by the
Board of Trustees.
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.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1991.
MAYOR
ATTEST:
City Clerk.
First Reading March 26, 1991
Second Reading
I
2 'JRD. NO. 36-91
""
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ,1JfV1
SUBJECT: AGENDA ITEM # 12. b- MEETING OF MARCH 26, 1991
ORDINANCE NO. 19-91
DATE: MARCH 22, 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. Additionally, in
response to a concern raised at the March 13th meeting, wording
has been added to provide that any decision by the City Engineer
or his designee may be appealed pursuant to Section 2.4.7 of the
City's Land Development Regulations.
Recommend approval of Ordinance No. 19-91 on first reading.
'.
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, i
FLORIDA, BY DELETING THE WORD "SIGNALS" 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 I
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 s~~ftal!l signs and markings shall eeft.fe~m -~e
M~a~~~e.B.-er~~er~a 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
Engineer, or his designee, may waive such compliance
on case-by-case basis. Any decision by the City
Engineer or his designee may be appealed pursuant to
Section 2.4.7 of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach,
Florida.
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. I
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 J 1991.
MAYOR
ATI'EST:
City Clerk
First Reading
Second Reading
.,