The URL can be used to link to this page

04-09-91 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION ORGANIZATIONAL MEETING - APRIL 9, 1991 - 5:45 P.M. REGULAR MEETING - APRIL 9, 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 nbt 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 :ommission shall be barred from speaking further to the Commission lY the presiding officer, unless permission to continue or again Agenda Meeting of 4/9/91 5. Approval of Regular Meeting minutes: None. 6. Proclamations: A. Recognizing Lillian Feldman for her efforts in organizing the candidate forums for the last two municipal elections. B. Building Safety Week - April 8 - 12, 1991 C. Earth Day - April 21, 1991. D. Arbor Day- April 26, 1991. 7. Presentations: None. 8. Consent Agenda: A. RATIFICATION OF EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT/SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD; Ratify the employment agreement between Robert Hagel and the SCRWTD Board. City Manager recommends approval. B. RATIFICATION REVISED CAPITAL IMPROVEMENT SCHEDULE/ MUNICIPAL GOLF COURSE: Approve the revised schedule for capital improvements at the Municipal golf course. City Manager recommends approval. C. RENEWAL OF AGREEMENT WITH THE TOWN OF GULFSTREAM: Approve the renewal of an agreement between the City and Town of Gulfstream for emergency police and fire dispatching services. City Manager recommends approval. D. REQUEST FROM AMERICAN CANCER SOCIETY: Approve the request from the American Cancer Society to distribute free sunscreen products at Atlantic Dunes, Anchor Park and on the Municipal Beach on April 13th from 11 a.m. to 2 p. m. i and, waive parking fees for the volunteers. City Manager recommends approval. E. RECOMMENDATION TO WAIVE LANDSCAPE REQUIREMENTS: Approve a staff recommendation to waive the interior landscape requirements for Leisure Landscape necessary to accommodate an upgrade of their site located on the west side of S.W. 16th Avenue, just north of S.W. 10th Street. City Manager recommends approval. F. RESOLUTION NO. 24-91: A Resolution assessing costs for abatement action required to remove nuisances on 26 properties throughout the City. City Manager recommends approval. G. RESOLUTION NO. 25-91: A Resolution abandoning an easement in Grove Park, for the Church of God of Prophecy. City Manager -3- Agenda Meeting of 4/9/91 5. Approval of Regular Meeting minutes: None. 6. Proclamations: A. Recognizing Lillian Feldman for her efforts in organizing the candidate forums for the last two municipal elections. B. Building Safety Week - April 8 - 12, 1991 C. Earth Day - April 21, 1991. D. Arbor Day- April 26, 1991. 7. Presentations: None. 8. Consent Agenda: A. RATIFICATION OF EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT/SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD: Ratify the employment agreement between Robert Hagel and the SCRWTD Board. City Manager recommends approval. B. RATIFICATION REVISED CAPITAL IMPROVEMENT SCHEDULE/ MUNICIPAL GOLF COURSE: Approve the revised schedule for capital improvements at the Municipal golf course. City Manager recommends approval. C. RENEWAL OF AGREEMENT WITH THE TOWN OF GULFSTREAM: Approve the renewal of an agreement between the City and Town of Gulfstream for emergency police and fire dispatching services. City Manager recommends approval. D. REQUEST FROM AMERICAN CANCER SOCIETY: Approve the request from the American Cancer Society to distribute free sunscreen products at Atlantic Dunes, Anchor Park and on the Municipal Beach on April 13th from 11 a.m. to 2 p. m. i and, waive parking fees for the volunteers. City Manager recommends approval. E. RECOMMENDATION TO WAIVE LANDSCAPE REQUIREMENTS: Approve a staff recommendation to waive the interior landscape requirements for Leisure Landscape necessary to accommodate an upgrade of their site located on the west side of S.W. 16th Avenue, just north of S.W. 10th Street. City Manager recommends approval. F. RESOLUTION NO. 24-91: A Resolution assessing costs for abatement action required to remove nuisances on 26 properties throughout the City. City Manager recommends approval. G. RESOLUTION NO. 25-91: A Resolution abandoning an easement in Grove Park, for the Church of God of Prophecy. City Manager -3- Agenda Meeting of 4/9/91 recommends approval. H. RESOLUTION NO. 26-91: A Resolution formally creating the Carver Middle School Task Force as a City advisory board. City Manager recommends approval. 1. RESOLUTION NO. 27-91: A Resolution urging the Governor to reconsider his proposed education budget cuts. City Manager recommends approval. J. RESOLUTION NO. 28-91: A Resolution modifying the Community Redevelopment Plan to provide for a more detailed commitment of funds for the N.E. 2nd Avenue streetscape improvements project. City Manager recommends approval. K. ACCEPTANCE OF AN EASEMENT AGREEMENT: Accept an easement agreement from the Department of the Army for the installation of our subaqueous watermain. City Manager recommends approval. L. AWARD OF BIDS AND CONTRACTS: 1. Computer Equipment- City Attorney's Office- Nynex Business Center in the amount of $26,326 with funding from City Attorney's Office Equipment Other (Account No. 001-1611-514-60.89). Account balance $':'3,000. City Manager recommends approval. 2 . Telephone Equipment- Environmental Services - Norstar in the amount of $24,983.30 with funding from Water and Sewer Buildings (Account No. 441-5161-536-60.31) . Account balance $27,063. City Manager recommends approval. 3. Flow Monitors and Software- Environmental Services- March McBirney, Inc. in the amount of $34,245 with funding from Water and Sewer Repair and Replacement/Sewer Flow Measuring Device (Account No. 442-5178-536-64.08) . Account balance $45,000. City Manager recommends approval. 4. Token Ring/Cables- Environmental Services- Microage Computer Centers in the amount of $11,529.72 with funding from Water and Sewer Repair and Replacement Computer Hardware/Software (Account No. 442-5178-536-64.09) . Account balance $130,505. City Manager recommends approval. 5. Housing Rehabilitation - 507 S.W. 7th Avenue - MJD Construction Services in the amount of $17,000 with funding from Community Development Block Grant Program (Account No. 118-1963-554-60.23). Account balance $131,216.62. City Manager recommends approval. -4- Agenda Meeting of 4/9/91 6. One ( 1 ) Ford Taurus Sedan (replaces two wrecked vehicles)- Police Department- Duval Motor Company in the amount of $10,714 with funding from Insurance Fund Property Claims (Account No. 551-1575-591-34.61/- balance $35,197) and Police Automotive (Account No. 001-2115-521-60.84/- balance $3,031). City Manager recommends approval. 7. Fire Hose- Fire Department- Snap-Tite Hose, Inc. in the amount of $11,000 with funding from Fire Department EMS/ Pumps and Hoses (Account No. 001-2315-526-60.88) . Account balance $15,000. City Manager recommends approval. 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 26 through April 8, 1991. B. CONTINUATION OF ORDINANCE NO. 31-90: An Ordinance rezoning property in Block 20, Town of Delray from GC (General Commercial) District and R-1-A (Single Family Dwelling) District to CF (Community Facilities) District to accommodate the proposed relocation of Fire Station No. 1. Planning and Zoning Board recommends approval. Public hearing held August 14, 1990. City Attorney recommends continuation of Ordinance No. 31-90. C. FURTHER CONSIDERATION OF ORDINANCE NO. 7-91 : An Ordinance annexing to the City of Delray Beach land lying and being in Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, effective March 1, 1991. This annexation is commonly referred to as West Atlantic Avenue Annexation #3. Public hearing held February 12, 1991. D. DIRECTION RE. HEIGHT REGULATION POLICY: Provide direction regarding height regulation policies in relation to a request from Bell South to allow a 150 foot, self supporting, communications tower on the Holland property located southwest of the intersection of Linton Boulevard and Military Trail, adjacent to the BocaRay Plaza and South County Mental Health facility. E. DIRECTION RE. IN-LIEU PARKING FEES: Provide direction regarding the in-lieu of parking fee requirements in relation to a request from Fiduciary Research Inc. for waiver of the off-street parking regulations which requires three additional parking spaces in conjunction with the proposed redevelopment of their site located at the northeast corner of S.E. 4th Avenue and S.E. 1st Street in the Central Business District. -5- Agenda Meeting of 4/9/91 F. AMENDMENT NO. 3 TO MAUSOLEUM SALES AND DEVELOPMENT AGREEMENT: Consider a modification of the Mausoleum Sales and Development agreement to provide for t~e release of escrow funds and allocation of funding from the Cern tery Perpetual Care Fund to begin the construction of the mausoleum. City Manager recommends approval. G. SANITARY ENGINEERING SERVICES: Select three or four firms and authorize staff to negotiate and award contracts for Sanitary Engineering services. City Manager recommends approval. H. SERVICE AUTHORIZATION NO. 17/POST, BUCKLEY, SCHUH, AND JERNIGAN: Approve Service Authorization No. 17 in the amount of $116,791 for bidding and construction services for improvements to north water storage tank and pump station; and to the south pump station booster pump. Funding is available in 1984 Water and Sewer Revenue Bonds (Account No. 441-5162-536-60.93/- Balance $133,980) and Water and Sewer Repair and Replacement (Account No. 442-5178-536-64.11/- Balance $725,500). City Manager recommends approval. 1. CONSULTING SERVICE AUTHORIZATION/POST, BUCKLEY, SCHUH, AND JERNIGAN: Approve a Consulting Service Authorization to the contract with PBS&J in the amount of $18,500 for consulting assistance necessary to obtain State certification of the Water Treatment Plant laboratory. Funding is available in Water and Sewer Water Treatment Plant Clarifier Laboratory (Account No. 441-5162-536-60.76) . Account balance $21,224. City Manager recommends approval. J. SERVICE AUTHORIZATION NO. 6/CH2M HILL: Approve Service Authorization No. 6, to the contract with CH2M Hill, in the amount of $19,000 for additional engineering services necessary to ensure hurricane and emergency preparedness at the Water Treatment Plant, Golf Course Wellfield, north and south Pump Stations, and Lift Station 50. Funding is available in Water and Sewer Wellfield Remediation (Account No. 441-5162-536-60.37) . Account balance $19,000. City Manager recommends approval. K. APPOINTMENT OF A MEMBER TO THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD'S AD-HOC ADVISORY COMMITTEE: Appoint a layperson to serve on the SCRWTD Board's Ad-hoc Advisory Committee to a two year term ending April 9, 1993. Seat 1 appointment. L. APPOINTMENT OF A MEMBER TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint a member to the Downtown Development Authority to fill the unexpired term of Paul Steele ending July 1 , 1993. Seat 3 appointment. -6- Agenda Meeting of 4/9/91 M. APPOINTMENT TO THE CARVER MIDDLE SCHOOL TASK FORCE: Appoint citizen representatives to the Carver Middle School Task Force. N. NOMINATION OF A MEMBER TO SERVE ON THE ENVIRONMENTALLY SENSITIVE LANDS ACQUISITION SELECTION COMMITTEE: Nominate an individual to represent the City on the County's Environmentally Sensitive Lands Acquisition Selection Committee. O. BUDGET AMENDMENTS TO THE 1987 UTILITY TAX BOND FUND: Approve budget amendments to the 1987 Utility Tax Bond Fund projects to complete the Fire Station No. 2 project. City Manager recommends approval. P. AMENDMENT TO THE CODE OF ORDINANCE/POLICE AND FIRE PENSION BOARD: Consider amending the Code of Ordinances to provide the Police and Firefighters Pension Board the option of investing in Israeli bonds. Q. BEACH RENOURISHMENT PROJECT: Presentation of status of Beach Renourishment project and request for authorization to lobby Congress for inclusion of funding for our Beach Renourishment Project in the FY 91/92 Federal Budget. R. COUNTY OPTIONS REGARDING DISTRIBUTION OF THE LOCAL OPTION GAS TAX: Consider the options provided by the County for distribution of the Local Option Gas Tax. City Manager recommends approval of Option No. 2. 10. Public Hearings: A. REQUEST FOR INCLUSION ON THE CITY'S LIST OF NOSTALGIC SIGNS: Consider a request to add the Porter Paints rooftop sign to the City's list of Nostalgic Signs. City Manager recommends approval. B. 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. C. ORDINANCE NO. 19-91: An Ordinance amending the Land Development Regulations by deleting the term "signals" from subsection 4.6.9(D) (6) (d) and replacing it with "signs and markings" , and providing that all signs and markings relating to off-street parking shall comply with M.U.T.C.D. design criteria, except that the City Engineer or his designee may waive such compliance on a case-by-case basis, and providing an appeal process. City Manager recommends approval. -7- . Agenda Meeting of 4/9/91 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. 37-91: An Ordinance rezoning Lots 1 and 2, Block 3, Seagate Section A, located on the southwest corner of A-1-A qnd Bucida Road from Single Family Residential (R-1AAA) to Community Facilities (CF) to accommodate a proposed off-site parking lot for the Seagate Hotel and Beach Club. Planning and Zoning Board recommends denial. B. ORDINANCE NO. 38-91: An Ordinance amending the Land Development Regulations to grant the Planning and Zoning Board denial authority. City Manager and City Attorney recommend denial. C. ORDINANCE NO. 39-91: An Ordinance amending the Code of Ordinances by deleting Section 91.50 through 91.52 and amending the Land Development Regulations by creating a new section 4.6.8(C), ~Lighting Restrictions Along the Beach~ to provide for the protection of threatened and endangered sea turtles which nest along the beaches of the City by safeguarding the hatchlings from sources of artificial light. City Manager recommends approval. If passed public hearing April 23rd. D. ORDINANCE NO. 40-91: An Ordinance amending the Code of Ordinances to provide that the penalty for violation of Chapter 51 shall be to perform certain hours of community service or labor work. City Manager recommends approval. If passed public hearing April 23rd. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -8- CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION ORGANIZATIONAL MEETING - APRIL 9, 1991 - 5:45 P.M. REGULAR MEETING - APRIL 9, 1991 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS ADDENDUM NO. 1 THE REGULAR AGENDA IS AMENDED TO INCLUDE: S. NOMINATION OF COMMISSION MEMBERS TO SERVE ON THE WATER RESOURCES MANAGEMENT ADVISORY BOARD AND THE SOLID WASTE AUTHORITY BOARD: Place the names of Commission members in nomination for vacant positions on the Water Resources Management Advisory Board and the Solid Waste Authority Board. Memo CITY OF OElRAY BEAC~ t3 TO: Ron Hoggard DATE: 4/16/91 FROM: Alison MacGregor Hart~ SUBJ: Resolution #28-91 - Modifying the Community Redevelopment Plan Ron . . . Frank Spence asked for a certified copy of Resolution #28-91 which was passed by the Commission on April 9, 1991. It is attached, as is a second copy for your files. Please forward the original certified copy to Mr. Spence. Thank you. . [ITY DF DELRAY BEACH ., , ,'.---'-+ I do solemnly swear that I will support, protect and defend the Constitution and Government of the United States of America, the State of Florida, and the City of Delray Beach, that I am duly qualified to hold office under the laws of the State of Florida, the Charter and laws of the City of Delray Beach, and that I will well and faithfully perform the duties of City Commissioner of the City upon which I am about to enter, so help me God. ~ }- a- ~.. William F. Andrews Dated this q day of a,AJ- , 1991. ATTEST: ~ ~ /.1. ~ ~rn-r--l Acting City Clerk THE EFFORT ALWAYS MATTERS [ITY DF DElAAY BEA[H ,..., -:J-1 I do solemnly swear that I will support, protect and defend the Constitution and Government of the United States of America, the State of Florida, and the City of Delray Beach, that I am duly qualified to hold office under the laws of the State of Florida, the Charter and laws of the City of Delray Beach, and that I will well and faithfully perform the duties of City Commissioner of the City upon which I am about to enter, so help me God. // ~. . / ~~ / / L.~ - / ~ Armand Mouw . Dated this 9th day of April, 1991. ATTEST: ~~ //. n ~rrx.J Acting City Clerk THE EFFORT ALWAYS MATTERS M E M 0 RAN DUM TO: Mayor and City Commissioners FROM: Alison MacGregor Harty, City Cler~~~ SUBJECT: MEETING DATES FOR 1991/92 DATE: March 26, 1991 Below please find a listing of the regularly scheduled City Commission meeting dates for 1991/92. There are no conflicts with religious and observed holidays. The only deviation from the normal schedule is a change in the regular meeting date for the second Tuesday in March, 1992. As Tuesday, March 10, 1992, is the date of the municipal election, the regular meeting will be rescheduled to Wednesday, March 11, 1992. All regularly scheduled City Commission meetings shall commence at 6:00 P.M. April 2, 1991 - Workshop Meeting April 9, 1991 - Regular Meeting April 23, 1991 - Regular Meeting May 7, 1991 - Workshop Meeting May 14, 1991 - Regular Meeting May 28, 1991 - Regular Meeting June 4, 1991 - Workshop Meeting June 11, 1991 - Regular Meeting June 25, 1991 - Regular Meeting C),l1n9'W .fa ~wy I' J .aul) ~ , 1~31 - Workshop Meeting July 9, 1991 - Regular Meeting /99/ July 23, 1991 - Regular Meeting - August 6, 1991 - Workshop Meeting - August 13, 1991 - Regular Meeting August 27, 1991 - Regular Meeting September 3, 1991 - Workshop Meeting September 10, 1991 - Regular Meeting September 24, 1991 - Regular Meeting October 1, 1991 - Workshop Meeting October 8, 1991 - Regular Meeting October 22, 1991 - Regular Meeting November 5, 1991 - Workshop Meeting November 12, 1991 - Regular Meeting November 26, 1991 - Regular Meeting 2.C. - . To: Mayor and City Commissioners March 26, 1991 Page Two December 3, 1991 - Regular Meeting December la, 1991 - Regular Meeting January 7, 1992 - Workshop Meeting January 14, 1992 - Regular Meeting January 28, 1992 - Regular Meeting February 4, 1992 - Workshop Meeting February 11, 1992 - Regular Meeting February 25, 1992 - Regular Meeting March 3, 1992 - Workshop Meeting * March 11, 1992 - Tuesday, March 10, 1992, is ELECTION DAY; there- fore, per Local Rule s , the regular meeting will be held on Wednesday, March 11, 1992 March 24, 1992 - Regular Meeting March 26, 1992 - Annual Organizational Meeting pursuant to Article III(b) of the City's Charter If you have any questions, please do not hesitate to contact me. cc: City Manager City Attorney '" &v ad~ ~/9/9/ RULES OF PROCEDURE - DELRAY BEACH CITY COMMISSION I. GENERAL PARLIAMENTARY RULES. The general parliamentary procedure to be followed by the City Commission of the City of Delray Beach, Florida, except as other- wise modified by the City Commission or as modified or amended herein, shall be in accordance with the rules of parliamentary procedures entitled "Roberts Rules of Order", being the reprint of the 1907 edition. II. LOCAL RULES. A. The following Local Rules of Procedure shall be applicable to the organization and conduct of business, as well as prepara- tion and publication of agendas, of the City Commission of the City of Delray Beach, Florida. To the extent these Local Rules shall modify or conflict with the standard "Roberts Rules of Order" as adopted above, these Local Rules shall prevail to the extent of their conflict of inconsistency with "Roberts Rules of Order". l. Regular meetings of the City Commission shall be held on the second and fourth Tuesdays of each month, with the exceptions of the month of December and any Delray Beach municipal election dates, at 6:00 p.m., in City Hall. During the month of December only, the regular City Commission meetings shall occur on the first and second Tuesdays at 6:00 p.m. at City Hall. There shall be no regular City Commission meeting on the date of a Delray Beach municipal election; rather, a meeting that would otherwise been scheduled for such date shall be held on the Wednesday immediately following the election date at 6:00 p.m. at City Hall. 2. Workshop meetings of the City Commission shall be held on the first Tuesday of each month, except that there shall be no workshops in the month of December, at 6:00 p.m. in City Hall. Workshop meetings on the third Tuesday of the month shall be at the option of the City Commission. 3. All regular City Commission meetings shall be held in the City Commission Chambers at City Hall, unless otherwise designated by the City Commission. All workshop City Commission meetings shall be held in the First Floor Conference Room at City Hall, unless other- wise designated by the City Commission. 4. There may also be special workshop meetings to be held in the months of May, June or July as so designated in advance by the City Commission for the purposes of -1- 2 · D. holding joint meetings with City boards, etc., to include receiving annual reports and presentations from the City's boards, committees, agencies, and author- ities. 5. Special meetings shall be called at the request of the Mayor in accordance with the provisions of the City Charter and the Code of Ordinances. 6. To the extent compatible with the conduct of business, all workshop meetings shall be held on an informal basis. The applicability of the City's general rules shall not be strictly applied. 7. Although appropriate members of the City Attorney's Office and city Administration may place items on either the workshop or the regular agendas, all regular agendas shall be subject to review in advance by the Mayor prior to their publication, excepting that a majority of the members of the City Commission may request that the City Manager's Office place or remove an item on such regular agendas, and that all such regular agendas shall be further subject to the approval of the City Commission preceding the conduct of business at each such meeting. 8. with regard to the agenda for regular City Commission meetings, the following shall apply: a. To the extent possible, the City Administration shall group all matters by subject area, and shall place as many as possible on the consent portion of the agenda. b. The agenda format shall be generally as follows: A call to order, invocation, pledge of allegiance, formal approval of the agenda, formal approval of minutes, proclamations and presentations, if any, the consent agenda, the regular agenda, public hearings, public comments and inquiries from the floor concerning items not on the approved agenda, first readings of ordinances, followed by items not specifically on the published agenda from members of the City Commission, the City Attorney and the City Manager. The public hearing segment of the agenda shall be duly advertised for and shall commence at 7:00 p.m. c. Any items received during the non-agendaed items section of the regular agenda may, at the discre- tion of the Commission, be discussed by the City Commission at the time of such presentation, may be directed by the Commission to the City Manager for action or resolution, or may be added to a sub- sequent workshop agenda if a member of the City Commission so specifically requests. -2- d. There shall be no votes taken on any non- published/non-agendaed items, except upon the declaration of an emergency. The declaration of emergency shall only be determined upon the affirm- ative vote of no less than four members, or a unanimous vote if only three City Commission members are present and voting on such motion. These rules are not intended to and shall not supersede the procedures and requirements of the City Charter, Code of Ordinances or State Statute with regard to emergency matters for consideration by the City Commission. e. All public input on agendaed or non-agendaed items shall be strictly limited to not more than three minutes per person, subject to an extension of such time upon the formal approval by a majority vote of the City Commission members present and voting on such request for extension of time. f. The Mayor shall have the authority to limit immater- ial, unnecessary or redundant presentations or requests. g. Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be at the specific request of individual City Commission members. III. CITY BOARD, COMMITTEE, COMMISSION, AND AGENDA APPOINTMENTS A. All appointments to city boards, commissions, and committees whose members are not subject to appointment by other entities, and in accordance with any applicable restrictions by State Statute, shall be made in accordance with the following procedures: l. All vacancies subject to appointment to such city boards, commissions, and committees shall be made on a nomination basis by each of the members of the City Commission. This nomination shall be construed to be a Motion to Appoint, which must be seconded by another member of the City Commission then present and voting, and then adopted by an affirmative vote of no less than three votes. If a Commissioner makes a nomination/ motion and this motion either fails for lack of a second or does not receive a sufficient number of affirmative votes, then that Commissioner shall have one additional opportunity to make a secondary nomination for this vacancy at this same meeting or the next successive regular meeting. If that appointment should also fail for lack of a second to the nomination or by not receiv- ing sufficient affirmative votes, then the nomination shall rotate to the next appropriate Commissioner. -3- '. 2. The rotation system shall be by numbered Commission seat and insofar as possible, each Commission seat shall be assigned an equal number of initial appointments from the date of adoption of these Rules, i.e. : Board A -- Order of rotation: Seat 1 , Seat 2, Seat 3, Seat 4, Seat 5 Board B -- Order of rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1, Seat 2, etc. Board C -- Order of rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2, Seat 3, etc. 3. A separate rotation list shall be established by the City Clerk's Office for each such City board, commis- sion, or committee, and the City Clerk's Office shall maintain records of the rotation list, the status of same, and the nominations made by each Commissioner. In the instance where a vacancy is available at a City Commission meeting where the Commissioner who is next on the rotation is absent, then the City Commission shall postpone to the next regular meeting this appointment. Should this Commissioner not be present at this subsequent meeting, then the nomination ability shall pass to the next Commissioner on the rotation system present at that meeting. 4. Appointments for vacancies occurring on a board wherein the particular member has, for whatever reason, not fulfilled their entire term of membership on that particular board, commission or committee shall be to complete the unexpired term only. 5. The City Commission retains the right to waive these requirements by the affirmative vote of no less than four members of the City Commission under circumstances that would be in the best interest of the City (or a unanimous vote if only three members of the City Commis- sion are present and voting on such motion) . 6. These rules, when adopted, shall supersede any other general rules or local rules which are inconsistent herewith, to the extent of such inconsistency. -4- MEMORANDUM TO: Alison MacGregor-Harty, City Clerk FROM: Anita Barba, Board Secretary SUBJECT: COMMISSION LIAISONS TO BOARDS AND COMMITTEES DATE: April 5, 1991 The following is a list of boards and committees and the respective Commission liaisons and alternates: Board Commission Liaison Alternate Board of Adjustment Dr. Alperin Mr. Randolph 1st and 3rd Thursdays at 5:30 p.m. in the Commission Chambers Board of Construction Mr. Randolph Seat In Appeals Quarterly on the 1rd Wednesday at 5:00 p.m. in the Commission Chambers Civil Service Board Mr. Randolph Seat #1 Meets as needed Code Enforcement Board Mayor & Commissioners to attend on 2nd and 4th Tuesdays an alternating basis at 1:30 p.m. in Commission Chambers Site Plan Review and Mr. Andrews Dr. Alperin Appearance Board Alternating Wednesdays at 7:00 p.m. in Commission Chambers Community Redevelopment Mr. Andrews Mayor Lynch Agency 2nd and 4th Mondays at 6:30 p.m. in 1st Floor Conference Room Downtown Development Mr. Andrews Mayor Lynch Authority 1st and 3rd Mondays at 11:30 a.m. at the Chamber of Commerce 2.E:. ~ Board Commission Liaison Alternate Education Board Mr. Randolph Dr. Alperin 1st and 3rd Monday at 5:30 p.m. in 1st Floor Conference Room Delray Beach Housing Mayor Lynch Mr. Randolph Authority 2nd and 4th Wednesday at 5:00 p.m. at 770 S.W. 12th Terrace Historic Preservation Dr. Alperin Mr. Andrews Board 3rd Wednesday at 5:00 p.m. 1st Floor Conference Room Kids and Cops Dr. Alperin No alternate (not established as yet) Public Employees Relations Seat #1 No alternate Commission Quarterly; times are arranged Planning and Zoning Dr. Alperin Mr. Andrews Board Worksession 2nd Friday at 6:00 p.m. in Planning Conference Room Regular meeting 3rd Monday at 6:00 p.m. Commission Chambers Planning Session 3rd Thursday at 6:00 p.m. in Planning Con- ference Room Police and Fire Board of Trustees None None 3rd Wednesday 2:00 p.m. in Chief's Conference Room General Employees Retirement None None Committee Meets as needed liai. txt '" CITY DF DELRAY BEA[H ..... i" ~ " ..... -. ,.............. f PROCL. U1.11 If) \ WHEREAS, Lillian Feldman has provided the City and its residents with service dedicated to the concepts of effective and democratic local government: and, WHEREAS, Lillian Feldman has unselfishly given of her time and ability in organizing candidate forums during the City's elections over the past two years: and, WHEREAS, this has been most helpful to the candidates and has afforded the public a better understanding of the workings of local government, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby commend and recognize Lillian Feldman for her dedicated service and efforts on behalf of the City. IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Delray Beach, Florida, on this the 9th day of April, 1991. MAY 0 R THOMAS E. LYNCH SEAL l.A , [ITY DF DELRAY BEA[H , ~ .... 2.,:" ( :-::::_.,:.... - _J'-"';-:'c.. -.:J444 f PROCLL II-I rro\ WHEREAS, the City of Delray Beach is pleased to observe NATIONAL BUILDING SAFETY WEEK as scheduled for April 8-12, 1991; and, WHE REAS , the purpose of the observance of the week is to highlight the services provided by Building Departments in ensuring the public's safety in the built environment; and, WHEREAS, NATIONAL BUILDING SAFETY WEEK promotes safety in building practices by calling attention to sound building procedures used by contractors working in the City of Delray Beach, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim the week of April 8-12, 1991, as "BUILDING SAFETY WEEK" in the City of Delray Beach. 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 9th day of April 1991. MAY 0 R THOMAS E. LYNCH SEAL l>B ," , . PROCLAMATION WHEREAS, the City of Delray Beach is pleased to observe NATIONAL BUILDING SAFETY WEEK as scheduled for April 8-12, 1991~ and, WHEREAS, the purpose of the observance of the week is to highlight the services provided by Buiding Departments in insuring the public's safety in the built environment; and WHEREAS, NATIONAL BUILDING SAFETY WEEK promotes safety in building practices by calling attention to sound building procedures used by contractors working in the City of Delray Beach. NOW, THEREFORE, I, Thomas E. Lynch, Mayor of the City of Delray Beach, Florida, do hereby proclaim the week of April 8-12, 1991 to be the BUILDING SAFETY WEEK in the City of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida to be affixed this 9th day of April, in the year of our Lord, Nineteen Hundred and Ninety One. . . . I , Agenda Item No.: AGENDA REQUEST Date: 4/3/91 Request to be placed on:' X genda Workshop Agenda Regular Agenda ~ When: 4/9/91 ; \0 Description of agend ~ . ~ 'here, how much): Proclaim April 8-12, I' ~ I(cI" _ck ~-' " Draft Attached: @NO ORDINANCE! RESOLUTION REQUIRED: (::J/NO Recommendation: Approve Department Head Signature: ~~ - t 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 tlH Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT L6 SUBJECT: NATIONAL BUILDING SAFETY WEEK - APRIL 8-12, 1991 DATE: APRIL 3, 1991 ITEM BEFORE THE COMMISSION: - - Consideration to proclaim April 8-12, 1991 as National Building Safety Week. BACKGROUND: The purpose of the observance of National Building Safety Week is to highlight the services provided by the City in insuring the public's safety and promotes safety in building practices by calling attention to sound building procedures used by contractors working in the City of Delray Beach. RECOMMENDATION: Staff recommends approval to proclaim April 8-12, 1991 as Building Safety Week in the City of Delray Beach. LB:DQ Attachment d/9 BldgWk.CC [ITY OF DELRAY BEA[H 1eo '\j .:,' ":"j=--~:....;E 0'::_?,..'.. 3::.'..:..... :~'--'..::';::; :',..::.. J3-1-1..J. f PROCL-U1A TIO \ WHEREAS, almost twenty years ago, more than twenty million Americans joined together on Earth Day in a demonstration of concern for the environment creating an informed public whose collective action resulted in the passage of sweeping new laws to protect our air, water and land; and, WHEREAS, in the nineteen years since the first Earth Day, despite environmental improvements, the environmental health of the planet is increasingly endangered, threatened by Global Climate Change, Ozone Depletion, Tropical Deforestation, Ocean Pollution, Toxic Wastes, Desertification, and Nuclear Waste requiring action by all sectors of society; and, WHEREAS, Earth Day 1991 is a national and international call to action for all citizens to join in a global effort to save the planet; and, WHEREAS, Earth Day 1991 activities and events will educate all citizens on the importance of acting in an environmentally sensitive fashion by recycling, conserving energy and water, using efficient transportation, and adopting a more ecologically sound lifestyle; and, WHEREAS, Earth Day 1991 activities and events will educate all ci tizens on the importance of buying and using only those products least harmful to the environment; and, WHEREAS, Earth Day 1991 activities and events will educate all citizens on the importance of doing business only with those companies that are environmentally sensitive and responsible; and, WHEREAS, Earth Day 1991 activities and events will educate all citizens on the importance of voting for those candidates who demonstrate an abiding concern for the environment; and, WHEREAS, Earth Day 1991 activities and events will educate all citizens on the importance of supporting the passage of legislation that will help protect the environment, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim Sunday, April 21, 1991, as "EARTH DAY" and declare the City's support thereof. 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 9th day of April, 1991. MAY 0 R THOMAS E. LYNCH SEAL ~G , Agenda Item No. : AGEllOA REQUEST Date: 4/3/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 4/9/91 Description of agenda item (who, what, where, how much): Proclaim April 21. 1991 as Earth Day ORDINANCE/ RESOLUTION REQUIRED: eNO Draft Attached:~/NO Recommendation: Approve Department Head Signature: ~/~ ---==-, Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: @NO M Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . . . MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~ SUBJECT: EARTH DAY 1991 - APRIL 21, 1991 DATE: APRIL 3, 1991 ITEM BEFORE THE COMMISSION: - - Consideration to proclaim Sunday, April 21, 1991 as Earth Day in the City of Delray Beach. BACKGROUND: The purpose of the observance of Earth Day is to demonstrate a concern for the environment creating an informed public whose collective action will result in environmental improvements and awareness in developing a mor ecologically sound lifestyle. RECOMMENDATION: Staff recommends approval to proclaim Sunday, April 21, 1991 as Earth Day in the City of Delray Beach. LB:DQ Attachment d/9 Earthday.CC CITY DF DELRAY BEA[H , ~ _ --' __ _ -' ---< - _ _ J"'._ ._' -........ i'RI II.' <f jj//)\ WHEREAS, recognition should be given to the value of trees in our community and the need for a continual city-wide forestry program for the benefit of all persons; and, WHEREAS, the holiday to recognize the importance of trees in our lives has been celebrated in the United States since April 22, 1987, and is now celebrated in all fifty states and several countries throughout the world; and, WHEREAS, the National Arbor Day Foundation in coopera- tion with the U.S. Forest Service and the National Association of State Foresters is sponsoring a community improvement project known as "Tree City USA" in an effort to make every community in America a better place in which to live; and, WHEREAS, De 1ray Beach has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree-planting ways; and, WHEREAS, the protection and proliferation of trees wi thin the City of Delray Beach is governed by regulations for the purpose of promoting the health, safety, welfare, and aes- thetic quality of the community by realizing the importance of trees for oxygen production, carbon dioxide absorption, dust and air pollution filtration, wind and noise reduction, soil erosion prevention, surface drainage improvement, energy conservation, beautification and aesthetic enhancement of all lands in the City; and, WHEREAS, the optimum time of year for planting most species of trees in Southeastern Florida is during the month of April due to mild temperatures and the beginning of the wet season, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim the last Friday in April as "ARBOR DAY" in Delray Beach, to be celebrated this year on Friday, April 26, 1991, and urge all citizens, schools, and organizations in the community to join with me in realizing the value and need for trees and to plant a ceremonial tree on this date. 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 9th day of April, 1991. MAY 0 R THOMAS E. LYNCH SEAL 6D MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER[?;vJ SUBJECT: AGENDA ITEM # ~ - MEETING OF APRIL 9, 1991 RATIFICATION OF EMPLOYMENT AGREEMENT DATE: APRIL 3, 1991 This item is before you to ratify the employment agreement for Robert Hagel for the executive director position at the South Central Regional Wastewater Treatment and Disposal plant. This employment agreement provides that Mr. Hagel's term of employment shall commence full time effective May 15, 1991j establishes an annual base salary of $60,000j provides for an annual performance evaluationj tuition reimbursement for continuing educationj and, moving expenses. Recommend approval of employment agreement with Robert Hagel for employment as the Executive Director of the SCRWTD plant. . . ~. R'1I-~a '-0.- .' EMPLOYMENT AGREEMENT t.A rndJtth 19J..L, AGREEMENT dated the ~ day of , between the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, hereinafter called the "BOARD" , and ROBERT HAGEL, hereinafter called "HAGEL". WIT N E SSE T H: WHEREAS, the BOARD is desirous of employing HAGEL as the Executive Director for the BOARD'S operation of the South Central Regional Wastewater Treatment and Disposal plant facility; and WHEREAS, HAGEL is desirous of accepting such employment as Executive Director on the terms and conditions as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. EMPLOYMENT. The BOARD hereby employs HAGEL as the Executive Director of the BOARD, and HAGEL accepts such employment and agrees to carry out the duties, functions, and obligations of the Executive Director as set forth in that certain Interlocal Agreement entered into between the City of Delray Beach and the City of Boynton Beach, Florida, dated December 26, 1974, and all amendments thereto and, further to carry out such other functions and duties as the BOARD shall from time to time direct. Although HAGEL accepts the tenure of this employment to be at the pleasure of the BOARD, it is the BOARD'S intent that HAGEL is being hired as a permanent employee and not a temporary employee. The parties expressly agree that HAGEL shall until September 1, 1991 be .1 --- '" entitled to return to St. Louis no more than three ( 3 ) days per month to monitor the disposition of his current business interest. HAGEL agrees to provide additional hours of service for the Board during evenings or weekends during said period to compensate for the business day which he is required to be in St. Louis. 2. TERM. The term of employment of HAGEL by the BOARD shall commence full time, effective May 15, 1991 and shall continue until terminated by either party. 3. COMPENSATION AND PERFORMANCE REVIEW. A. The BOARD shall pay to HAGEL an annual salary of Sixty Thousand Dollars ($60,000.00) ( "annual base salary"), plus the same cost of living adjustment as approved from time to time by the BOARD for its general employees. The cost of living adjustment, if and when approved, shall become effective at the same time as for the general employees of the BOARD. HAGEL'S compensation shall be paid in weekly installments. B. The BOARD agrees to provide HAGEL a compensation and performance review at the April quarter-annual meeting of each year during the term of this Employment Agreement. The BOARD shall review and evaluate the performance of HAGEL and consider appropriate merit increases to HAGEL'S salary at least once annually. Said review and evaluation shall be in accordance with specific criteria developed jointly by the BOARD and HAGEL subsequent to the execution of this Employment Agreement. Said criteria may be added to or deleted from as the BOARD may from time to time determine, in consultation with HAGEL. Furthermore, the 1 BOARD shall provide HAGEL with a summary written statement of the findings of the BOARD and provide an adequate opportunity for HAGEL to discuss his evaluation with the BOARD, either individually or as a body. 4. AUTOMOBILE ALLOWANCE. The BOARD currently leases an automobile which has been utilized by the Acting Executive Director. The BOARD agrees to provide HAGEL with the current or a similar automobile for business use only provided however, that HAGEL shall be entitled to utilize the said vehicle for commuting between home and work. The BOARD agrees to pay all operating and maintenance expenses of said vehicle including the insurance therefor. HAGEL agrees that said vehicle shall not be used for personal or private purposes. 5. RETIREMENT PLAN. The BOARD agrees to allow HAGEL to participate in the BOARD's retirement program being currently administered by Sun Bank Pension Fund. The rates of contribution, as a percentage of HAGEL's base salary as set forth in paragraph 3. A. above, shall be at the rate of six percent (6%) employee contribution and ten percent (10%) employer contribution. 6. INSURANCE (DISABILITY, MEDICAL, DENTAL, AND LIFE). The BOARD agrees to provide HAGEL with such medical, disability, dental, life and other insurance as are provided the general employees of the BOARD from time to time. 7. VACATION AND SICK LEAVE. A. HAGEL shall accrue vacation time at a rate provided to BOARD employees pursuant to the prevailing personnel policy as 1 " in effect from time to time during the term 0 f this Agreement. HAGEL shall give the Chairman of the BOARD reasonable notice of his intended vacation time. Notwithstanding any provision hereof to the contrary, the parties hereby agree that the maximum accrual of vacation for which HAGEL shall be entitled to compensation upon termination of this Agreement shall be twenty (20) days. B. HAGEL shall be entitled to the same sick leave as granted from time to time the general BOARD employees pursuant to the BOARD'S personnel policy, including any limitations on maximum accrual. 8. HOLIDAYS. HAGEL shall be entitled to the same holidays as are provided to the other general employees of the BOARD. 9. PROFESSIONAL DEVELOPMENT. A. The BOARD agrees to budget for and pay the reasonable and necessary travel and subsistence expenses of HAGEL for professional and office travel, meetings, and occasions adequate to continue the professional development of HAGEL and to adequately pursue necessary official and other functions and business of the BOARD. B. The BOARD also agrees to budget and to pay for the reasonable and necessary travel and subsistence expenses of HAGEL for short courses, conferences, institutes, and seminars that are necessary for his professional development and for the good of the BOARD. c. Education. In that the BOARD deems the furthering of HAGEL'S education in the fields relating to his employment are of ! ---'."".-._.__._.~--"~ .- - _.~ --... - significant importance and benefit to the BOARD, the BOARD also agrees to budget and to pay HAGEL'S books and tuition fees to a local accredited college or university for courses in pursuit of a his Masters degree during the term of this Agreement. HAGEL must maintain the equivalent grade of a "C" or better. 10. MOVING AND RELOCATION EXPENSES. HAGEL shall be reimbursed, or the BOARD may pay directly, for the expenses of packing and moving himself, his family, and his personal property from St. Louis, Missouri to Delray Beach/Boynton Beach, Florida with said payment or reimbursement to be limited to such reasonable moving expenses, to include a moving van, unpacking, storage costs, and insurance charges. The parties understand that the physical move of the said personal property will occur within one (1) year from the date of this Agreement due to the fact that initially, HAGEL is leasing a fully furnished residence in Palm Beach County, Florida in order to provide himself adequate time to find permanent housing. HAGEL agrees that he shall seek at least two (2) bids for such services, and he shall utilize the lowest competent bidder to provide such services. In the event HAGEL shall voluntarily terminate this Agreement within one ( 1) year from its effective date, he shall immediately pay to the BOARD an amount equal to such sums paid to him pursuant to the paragraph 10. The BOARD shall be granted the right to deduct from any monies owing to HAGEL such amount as of the termination. 1I. DUES AND SUBSCRIPTIONS. The BOARD agrees to budget and to pay for the professional dues and subscriptions and professional 2 engineering license registration and renewal of HAGEL necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the BOARD. 12. TERMINATION. Termination of this Agreement may occur in the following manner: A. The BOARD shall be entitled to terminate this Agreement for any reason, without cause, immediately upon delivery of written notice of such termination to HAGEL. In the event HAGEL is terminated by the BOARD before expiration of the aforesaid term of employment and during such time that Employee is willing and able to perform his duties under this Agreement, then in that event the BOARD agrees to pay HAGEL a lump sum cash payment as follows: (i) In the event the termination occurs during the first year of such employment the severance payment shall equal two (2) months base salary as set forth in paragraph 3.A. above; (ii) In the event the termination occurs during the second year of such employment the severance payment shall equal three (3) months base salary as set forth in paragraph 3.A. above; (iii) In the event the termination occurs during the third or later year of such employment the severance payment shall equal four (4) months base salary as set forth in paragraph 3.A. above. Provided, however, that notwithstanding the foregoing provisions, in the event HAGEL is terminated because of his being .2. -_..,.__._-~._~--- found guilty by a court of competent jurisdiction of an illegal act involving personal gain to him, or of any felony or misdemeanor involving moral turpitude, then, in that event, the BOARD shall have no obligation to pay any aggregate severance pay designated in this Section. The said severance pay shall be paid within thirty (30) days following such termination. B. HAGEL shall be entitled to terminate this Agreement upon thirty (30) working days' advance written notice to the BOARD during the first twelve (12) months of this Agreement or upon sixty (60) days' advance written notice to the BOARD after twelve (12) months from the date of this Agreement. C. In the event of a termination of this Agreement by HAGEL, the BOARD shall not be required to pay any severance pay and, further, provided that in the event of a termination of this Agreement by HAGEL without providing the required notice as herein provided, HAGEL shall forfeit all accrued sick leave compensation to which he may be entitled pursuant to the Employee Policy Plan as hereinabove referred to. 13. INDEMNIFICATION. A. The BOARD shall provide a legal defense to HAGEL and indemnification, for any litigation brought against him as a result of his performance of his duties under this Agreement, except to the extent that such claim is the result of his culpable negligence, malice or criminal act. The BOARD shall have the right to compromise and settle any such claim or suit and pay the amount of any such settlement or judgment rendered thereon, in its sole 1 ,j'l discretion. B. The BOARD shall bear the full cost of any fidelity or other bonds which may in the future be required of HAGEL by law or ordinance. l4. NOTICES. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: Board: Chairman South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Avenue Delray Beach, FL 33445 (with a copy to:) Robert w. Federspiel 501 East Atlantic Avenue Delray Beach, FL 33483 HAGEL: Robert Hagel Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. 15. GENERAL PROVISIONS. A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. ~ -~...._-- --~-- C. If any provision, or any portion thereof, contained in this Employment Agreement is held unconstitutional, invalid or unenforceable, the r~mainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement /] the day and year first above written. /'::r<,- WITNESSES: _ r '.<. /' / -,) );/ $. /A::. 'l .7". . \ "." '''.' -", .'~~ ' By: /) -. · 011. - . / ( . //~ '. / I I <. '4'1 -:1.,/ , ~ _..::.-- < ~<4;,(f 'Ii .. 'J'{{.,frr. '} ,ft. j I SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD C---. ~ A t e=- - ~~ - ..::::----- test: ~lJ}' . ~ "VI _ Chairman The above Agreement is hereby ratified in open session by the City of Delray Beach this ____ day of , 1991, by a vote. Mayor ATTEST: City Clerk Approved as to form: City Attorney ~ The above Agreement is hereby ratified in open session by the City of Boynton Beach this ~ day of ~~~/L , 1991, by a ,;/ -G) vote. ... ~;)~ , Mayor ATTEST: ~<'k~ Cit Clerk Approved lQ. ___...~_._..".._.'M_'-'_ ,. PltllidL f:clll Cl5lll:J2Ja- w... tu MEMORANDUM ~(Lc D.& =!f=q-r TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~ - MEETING OF APRIL 9, 1991 RATIFICATION OF ITEMS REGARDING THE MUNICIPAL GOLF COURSE DATE: APRIL 3, 1991 At your April 2nd workshop meeting, Mr. Dubin presented a revised capital improvement schedule. This item is now before you for formal approval action. Funding for the capital improvement projects will come from the Decade of Excellence Bond. Recommend approval of the revised capital improvement schedule, as presented at your April 2nd workshop meeting. n !ft8- ~ 6~ ';1 . DELRAY BEACH GOLF CLUB 1 . OPERATING BUDGET A. NET SURPLUS - ORIGINAL $ 105,000 B. NET SURPLUS - REVISED OCTOBER 1, 1990 - SEPTEMBER 30, 1991 $ 250,000 LESS: 3 MONTH CLOSING (SEE ATTACHED) (126,450) $ 123,550 2. DECADE OF EXCELLENCE BOND CAPITAL IMPROVEMENT PLAN UPDATE CATEGORY 1 ORIGINAL REVISED A. GOLF COURSE IRRIGATION $ 50,000 $ 5,000 B. FAIRWAYS 250,000 150,000 C. HOLE #1 MOUND 5,000 5,000 D. CLUBHOUSE FURNITURE & FIXTURES 20,000 20,000 E. ROOF AT MAINTENANCE BUILDING 25,000 25,000 $ 350,000 $ 210,000 CATEGORY 2 1 . CART PATHS ASSUMED 1992 $ 140,000 $ 350,000 WE PROJECT DOING C~RT PATHS IN 1991 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # C - MEETING OF APRIL 9 1991 CONTRACT RENEWAL - POLICE AND FIRE DISPATCH SERVICES WITH THE TOWN OF GULF STREAM DATE: APRIL 3/ 1991 This item is before you to renew the contract for police and fire dispatch services with the Town of Gulfstream. This is a three year agreement which will terminate on June 15/ 1994. The Town of Gulfstream will pay $20,000 to the City for dispatching and communications services provided. Recommend renewal of the contract for police and fire dispatch services with the Town of Gulfstream. <-,------ ~.f( ~, \ ""'u.' C'lf~ I rar'YD, . F D. . E. LR A. Y ~I;r'[., H. ,~~ ~ '., . ",^/ ~~1," , .. .~ / / ;'$0"'. ,~_?"~"...'..... r '" 1 "~ . if~fj<H j/'" ... .",.. ,~ .", MEMORANDUM Date: April 3, 1991 To: David Harden, City Manager From: David N. Tolces, Assistant City Attorn-;? Subject: Contract Renewal - Police and Fire Dispatch Service with Gulf Stream Attached is the agenda material for the renewal of the agreement with the Town of Gulf Stream for police/fire dispatch service. DNT:sh .l1..ttachment POLICE AND FIRE COMMUNICATIONS AGREEMENT This Agreement, entered into this day of , 1991, by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation, hereinafter referred to as, "City" and the TOWN OF GULF STREAM, a Florida municipal corporation, hereinafter referred to as, "Town". WIT N E SSE T H : WHEREAS, the Town desires to enter into an agreement with the City of Delray Beach, Florida in order to obtain Police and Fire Dispatching and Communications Services from t.he Ci ty . NOW, THEREFORE, the City and the Town in considera- tion of the mutual promises and benefits hereby agree as follows: Section 1. This agreement is to become effective as of June 15, 1991. Section 2. This agreement shall expire, and termi- nate on June l5, 1994. section 3. The Town shall pay twenty thousand dollars ( $ 20,000.00) to the City for Police Dispatching and Communications Services provided to the Town from the City for the period of June 15, 1991 through June l5, 1994. Section 4. The City shall provide dispatching and communication services to Include the handlIng-Of: _._.,---_.,.....~.- a. Radio dispatching of police emergency and 911 calls. b. Radio dispatching of non-emergency calls. c. Radio and telephonic dispatching of calls for emergency medical service relayed to the Town of Ocean Ridge Public Safety Department. d. Receiving calls for fire protection that will be telephonically relayed to the Town of Ocean Ridge Public Safety Department. e. Electronically recording and maintaining radio transmissions for thirty (30) days. f. Access to information from Palm Beach Sheriff's Department's P.A.L.M.S. Computer System and the State F.C.I.C. and Federal N.C.I.C. Computer Systems via radio voice or telephone voice transmission. g. Recording and maintaining for two years a daily dispatch log and Incident Report Cards to be issued a numerical identifier and contain the following information: 1. Type of call or incident 2. Date and time of call or incident 3 . Location of incident 4 . Complainant or caller's name c Name of the assigned or responding officer J. Sect,ion S. TneTo~lIi sball oe -I."-espcni-sible" for mainte- nance of all radios or equipment purchased after the execution 2 of the original agreement, providing maintenance and repairs as needed through a Motorola subcontractor. Section 6. The City shall provide only communication services and dispatching services except that the City may unilaterally add any communications, dispatch, information or record keeping services that enhances the City's ability to provide that service to its own service area. The Town shall conform to those procedures and policy necessary to assure that the communications and records keeping for the Town:s service area is in harmony with the communi- cations and records keeping of the City. In the event that the City is capable of providing enhancements or additions to law enforcement and communications services which are not unilateral and the Town wishes to avail themselves of such additions and enhancements the Town may upon mutual agreement with the City amend Section 4 of this contract which may necessitate a negotiated amendment by the City to Section 3 of this contract. Sec'tion 7. The City, its officials, agents, or employees in providing dispatch and communication services, shall not be deemed to assume any liability for acts, omissions, or negligence of the Town, its employees, agents or officials. The Town shall hold the City harmless and shall defend them against any claims for damages resulting from acts, omissions or negligence of the Town, its officials, agents, or employees, subject 'to . the ptoVi"s-ibfiS--bf -Flor Ida Statutes 3 .-_.---...- Section 768.28. All liability for injury to personnel and for loss of or damage of equipment incurred in connection with this Agreement, or in the performance of services or functions pursuant thereto, shall be borne by the City or the Town employing such personnel or owning such equipment, and the Town shall carry sufficient insurance to cover all such liabilities. Section 8. The Town may terminate this agreement at any time following sixty (60) days written notice to the City. After the effective date of said notice, both parties will be relieved of any further obligations under this agreement except nothing herein shall be construed to impair the obligation of any contract then in effect in which the Town and the City is a party or to relieve the Town or the City of any liability for its negligence or the negligence of their respective employees occurring while this agreement is in effect. If the the Town should terminate the agreement as herein provided and prior to June 15, 1991, the twenty thousand dollar ($ 20,000.00) payment referred to in Section 3 shall be refunded on a pro rata basis. Section 9. The City may terminate this agreement at any time following sixty (60) days written notice to the Town. After the effective date of said notice, both parties will be relieved of any further obligations under this agreement except nothing herein shall be construed to impair the obligation of any contract then in effect in which the the Town and the City is a party or to relieve the Town or the City of any liability for its negligence or the --rre-glige-nce of their respective employees occurring while this agreement is in effect. If the 4 City should terminate this agreement as herein provided and prior to June 15, 1994, the twenty thousand dollar ($20,000.00) payment referred to in Section 3 shall be refunded on a pro rata basis. Section 10. The Town shall not assign this agree- ment. Section 1l. All disputes arising from this agreement shall be settled in a court of competent jurisdiction with venue to be in Palm Beach County, Florida. Section l2. All notices provided for in this agree- ment shall be in writing and either hand delivered or sent by certified or registered mail to the party to be notified at the following respective addresses which may be changed by written notice only: -, -CITY: OFFICE OF THE CITY Manager CITY OF DELRAY BEACH, FLORIDA lOt) N.W. 1st Avenue Delray Beach, FL 33444 TOWN : Office of the Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33444 Notice given by or to the Attorney by either party shall be as effective as if given by or to said party. Section l3. The City shall retain exclusive control over all equipment and personnel- us e-d , in providing the serVlces in accordance with this agreement, and further the City agrees 5 -- _.,.._.~-~-,.. that it may, at its sole option, institute an administrative procedure for addressing any complaints or grievances which may be raised by the Town over the providing of such services. section l4. The City shall have the right to limit, direct or deny access, to individual representatives of the Town, to Information and Communications capabilities provided in Section 4, when such access has been abused, in violation of Florida Statutes, in violation of the City, County, State or National directives and procedures governing the acquiring and use of sensitive information and equipment, or when such access may jeopardize the Cityts law enforcement effort or the representative is found to be a security risk. IN WITNESS WHEREOF, the parties have caused these presents to be signed by the duly authorized officers on this _day of , 1991. CITY OF DELRAY BEACH, FLORIDA MAYOR ATTEST: City Clerk Approved as to form: City Attorney TOWN OF GULF STREAM Town Manager fl.,TTEST : Town Clerk 6 .--_.- " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # - MEETING OF APRIL 9, 1991 REQUEST FROM AMERICAN CANCER SOCIETY DATE: APRIL 3, 1991 We received a request from the American Cancer Society to distribute free sunscreen products at Atlantic Dunes, Anchor Park and on the Municipal Beach on April 13th from 11 a.m. to 2 p.m. i and for waiver of the parking fees for the volunteers. Approval of this request is consistent with previous Commission action. Recommend approval of request from the American Cancer Society to distribute free sunscreen products at Atlantic Dunes, Anchor Park and on the Municipal Beach on Saturday, April 13, 1991, from 11 a.m. to 2 p. m. , and waive the parking fees for the volunteers in view of the public service aspect of this activity. . \ Agenda Item No. : AGENDA REQUEST Date: 3/22/91 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 4/9/91 Description of agenda item (who, what, where, how much): Request approval for American Cancer Society to have volunteers hand out free sunscreen products at De1ray Public Beaches to promote safety in the sun on Saturday, April 13. 1991 from 11:00 a.m. to 2:00 p.m. and to waive the parking fees for the volunteers working on that day as has been done the past two years. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval for American Cancer Society volunteers to hand out free sunscreen at the public beaches and waive parking fees for the volunteers working that day. Department Head Signature: Determination of Consistency ith Comprehensive Plan: City Attorney Review/ Recommendation (if applicable) : Budget Director Review (required on all items involvinq expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: NO tM Approved for agenda: @/ 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: American Cancer Society Volunteers DATE: March 22, 1991 Per my telephone conversation with Karen Mathews today, there will be two shifts of volunteers for the America Cancer Society handing out free sunscreen products. The first shift will be from 11: 00 a. m . to 12:30 p.m. and will consist of twelve people. Two at the very North end of the beach, six at the pavilion, and four at Atlantic Dunes Park. A second shift of twelve volunteers will work from 12:30 p.m. until 2:00 p.m. in the same locations the earlier shift had worked. ~~ Parks and Recreation /jmh REF:JW07591.DoC - M ,. .emo From JOYCE DESORMEAU License and Sign Inspector To: OeM Date: Qu-, ~ cV ~~ 10 . ~ ' thn ) kru~ tCk ' , ~-6~ / thd ...~ T~ A:.-J'7A ' ~4?~ ' o~:i~i ~ "EIVED MAR '} Q 199f Apn I q~ G.}""'fY'.t~~I~ Mob r . . , " ~ 1,a~ " - . February 1 , 1991 Ms. Alison McGregor Harty City Clerk 100 N.W. 1 st Avenue Delray Beach, FL 33444 Dear Ms. McGregor Harty: Once again the South County chapter of the American Cancer Society is holding a "Sunscreen Saturday." This is a day calling attention to the need for safe sunning practices. We would like to have volunteers at Delray public beaches (Atlantic Dunes, Anchor Park, Downtown Beach) handing out free sunscreen products. It is not our intention to endorse anyone product but rather to promote safety in the sun. We are planning this event for April 13 from 11 :00 a.m. to 2:00 p.m. Delray has graciously assisted us with this activity over the past 2 years. It is my understanding that this needs to be addressed by the City Council as a "Charitable Solicitation". Please accept this letter as our request to gain this approval. In the past, each volunteer has used the City's "acceptance" letter to place on the dash of the car to waive parking fees. We would appreciate it if this is still appropriate. With the City of Delray's support, this has been a very successful event. We look forward to our continued cooperation. Please let me know if you need further information or if I can assist in any way. I Kindreg8r;l!i,. ~. :U(l~{,{ Il llft/ ~;;~/:, ~ Ka en Mathews Siemens Private Communication Systems 5500 Broken Sound Blvd. Boca Raton, FL 33487 (407) 994-7533 - . . ~'-"-'-"" ~-- ~_.._-~ ,-- . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ AGENDA ITEM~. ~ SUBJECT: - MEETING OF APRIL 9, 1991 RECOMMENDATION TO WAIVE LANDSCAPE REQUIREMENTS DATE: APRIL 5, 1991 Leisure Landscaping is under Code Enforcement orders to upgrade their site. Proposed changes were submitted and reviewed as a minor site plan modification prior to the adoption of the LDRs. At their July 16, 1990 meeting, the Planning and Zoning Board approved the site plan modification with the condition that a revised site/landscape plan be submitted prior to the issuance of building permits. The revised plan has been submitted; however, it is deficient with respect to the interior landscape requirements. Therefore, the property owner has requested a waiver of those requirements. Staff supports the requested waivers contingent upon the property owner providing additional trees within the perimeter buffers along the abutting streets. Recommend approval of the requested waivers to the interior landscape requirement for Leisure Landscaping, subject to the provision of nine (9 ) additional trees within the landscape buffers along S.W. 16th and l7th Avenues. . .J./ t~/"/] C I T Y COM MIS S ION DOC U MEN TAT ION TO: DA~:J'S1!~TY MANAGER THRU: ID J.~S, PLANNING DIRECTOR h">...-J FROM: ASMIN ALLEN, PLANNER I SUBJECT: MEETING OF APRIL 9, 1991 CONSIDERATION OF LANDSCAPING WAIVERS ASSOCIATED WITH LEISURE LANDSCAPING ACTION REQUESTED OF THE CITY COMMISSION: The action requested of the City Commission is that of approval of waivers to the interior landscape requirements for Leisure Landscaping, located on the west side of s.w. 16th Avenue, just north of S.W. 10th Street. BACKGROUND Leisure Landscaping is under Code Enforcement orders to upgrade their site. Accordingly, proposed changes were submitted and reviewed as a minor site plan modification under the pre-LDR code. The Planning and Zoning Board approved the site plan modification at a public meeting held on July 16, 1990, with the condition that a revised site/landscape plan be submitted prior to issuance of any building permit. The revised plans recently submitted reveal that the site remains deficient with respect to the interior landscape requirements for parking and other vehicular use areas. The Code mandates that the interior landscaping within off-street parking areas shall amount to no less than ten percent (10%) of the total area used for parking and accessway, along with a shade tree for every 125 sq. ft. of interior landscape. Because an existing facility is involved and there is limited lot area, the provision of additional interior green space will result in reductions to parking. Staff supports the requested waivers contingent on the provision of additional trees within the perimeter buffers along the abutting streets. City Commission Documentation Consideration of Landscaping waivers Associated with Leisure Landscaping Page 2 RECOMMENDATION Approval of the requested waivers to the interior landscape requirement for Leisure Landscaping subject to the provision of nine additional trees within the landscape buffers along S. w. 16th and 17th Avenues. Attachments: Reduced Site/Landscape Plan Location map Community Improvement (Landscape Division) memorandum of March 20, 1991 Request Letter PAUL H. ROSEN REAL ESTATE INVESTMENTS AND BROKERAGE PARKWAY PROFESSIONAL 8UILDING 6151 MIRAMAR PARKWAY MIRAMAR. FLORIDA 33023 FLORIDA MIAMI (305) 625-7678 REGISTERED March 25, 1991 REAL ESTATE BROWARD (305) 981-1850 8ROKER FARM (803) 648-3133 FAX 803 641-3858 City of Delray Beach 407 243 3774 100 N. W. 1 Avenue FAX. Delray Beach, FI 33444 ATTENTION: MS JASMIN ALLEN, Planner I RE: Leisure Landscaping Revised Site Pland & La,ndscape Plan Provided to Comply with Previous Approvals Dear Ms. Allen: I am requesting waivers from the City of Delray Beach concerning two proposed landscape code deficiencies. 1. 10' perimeter landscape buffers along S\'\] 16 & 17 Avenue 2 . 10% inerior greenspace requirements As you are aware, I have submitted plans for renovation and upgrading to the City of Delray Beach which have met approval pending the two above points. These properties have existed since 1973 and 1974. The original buildings and parking lots are situated on the property in a fashion that makes it virtually impossible to dedicate the 10' perimeter landscape buffer and the 10 % interior greenspace. Therefore, I am requesting said relief by theCity Commission. Thank you.. . Sirrcerely, Ju~ I( {fiVL Paul H. Rosen ~~tEnWlE1ID ,~iAR 29 1991 PLANNING & ZONING .. i'j>I; , M E M 0 RAN DUM To: Planning & Zoning Department From: Robert A. Kussner, Landscape Inspector Via: Nancy Davila, Horticulturist/ Special Projects Coordinator Re: LEISURE LANDSCAPE Date: March 20, 1991 1- Based upon the total square footage of paved area, the applicant would be required to have 27 interior shade trees but has only been able to provide 9. By shifting certain perimeter trees and by adding others the applicant will bring this plan closer into compliance with the intent of the landscape code. Nine additional trees can be accommodated which will make a total of 18 interior treesr A copy of this plan with the newly proposed tree locations is attached. 2. All plant material must be Florida fi1 grade or better. 3. All plant beds shall be mulched to a minimum depth of three (3) inches. 4. All trees shall have a spread of six (6) feet and have at least six (6) feet of clear trunk. \\t <<'<) ').. - ~ 'fC'V"O:lI~ 'o.A. ~ \e.J... ""''' -IoU.. ~ . 5. All other items from previous memorandums have been addressed. 6. There can be no more than 10 consecutive parking spaces without having a landscape island (standard spaces). Applicant shall add a landscape island on the north side of the one story building and replace the tree as originally shown on the previous submittal. ;, I~_ .~' \ ' I ~ t :' '"--:::::- ~ - n.w- .~ : , -.. . 'I 'J~! .'i' ~ \ r'~" L I; . ~ / '--.. .iJ ,. "', \ j _, ...........~' '--.. I I !_' ....., wrl ,_ ,JJi ! . " ....... " I ../ ._ _ \ ..........J.../ ~ ,! to 1lX:. V) I '- ........-- 11' -~ ,;-:-1 t ,,/1 ,t.1 I' ' . .-----1 I .... I' - I III ' : ..... .. j -- r- -c......::.c.."--_-'-~ ,. . ,7; I" - -. - . . 1 J, ~ . -, r -- '-~.l ..'" , III f'\- ; 11't~ .:.......?lP. .~...... i.l " '-'. -'. ".J .~ . . --1'- r "'.&.....' ., ~';l H _ ~'. " l.; 1 . ~i -~..l i 5 I _._._ __! "> \ :._'._.I'fEi-Ci1Bf-- .' ./4 ! ~l' i:-r_:t:z:.1 14: ~-~[.:..--:-~ : " ". ,j, " , ~ :_. 5K il:~G I~ . --: :.~~~: ~ I II : : -~ 1 ' . 'l"" ~ - .' ~, . / ..."~"I ;:: -j , " \ . -...r1lJ[I\I: ,J I "NPRO- ' - ...... . ," - I'~ . ...., : C>_!.;~" - I l '. ~.' ~ '1 ~.~ ~-.;.;-f DELRAYt I f""'o-... .... ,', :-:,:. " ~. -1 ' I : ' CCtv1MERCE J ~ ~ '<.. It......., , r. ~ ,,,,I .. \ __.~ ~~' 1 i. '~l. I ': t~ ItG~ rt:; QN~ ., ~.~ I "! I '. ' 1, ~ I J . ~' ~) , \ -- . r- - .. .-1 ~8" r;-1 : \ __ ,.j-t~[ ~J~1~ ~~, ._ ~U. I II ___ . - J, j -('.' ~ '. ' _ ~ _ .."c.. ~. _ r. ... "Q. ~ 7.----- t~7:.- - ------~---~ .......-....... -.. __ . ~~Cf ."1 I ~ ) .1 .. .. l - 4 ~---- . . ' . , . - .~~, " " '<'Ol - ". - ._____ I! " . ..- =--, / ! . I P^RK PARK 1: ;; ~A1/.' · ~c; : .~ lie "", TEN TEN . T.--' .-,-,' _ R A'l' _ . - n,l - , . J' ~~- .. I ~I RC: T ~ 2ill.1 -- -- d," ~..\. , .. - . . . . . . ,.,--. .. (. - I ' ,c. ~ . AOD - --/t..:~~;~ ~ 52 a 53 i' ! \ ,,' -, 'E', .. O' ~ 4? ' <,/~ </~ .' ' ' ,; ,:;:1 I \ ,,~.:l/.~;: .;~ ." ,-' 8e: . !'5 <;;:v.. ~ !~ . ~ i .,- "" " ~ t" .' E.:/ 1:::.._ ," '.--c' I-I I PC.RK TEN THIRC :'::lD .', -.... ..~...:.: . __.h__'!7r-~~ : :: i I B 2! PG 63 . J..,r ' ""-" 1\.' ...;>--- .. ,.'~ . I ,., - - --- ,"' '. f ~ _ A . I. A " :: 'l,;' 1--- __ _.....;/ :.... J,' " ..'~ " Cfl E-S ..::" - ~-: -~-;'~~c-::~ I I - . -"~-,,,. <. ,;~ "~~ :. ::' . '-"_~" L 0" . ---'-:-.',,", ,~~,~ . I eisure Landscape ~ ," Cr~' .;..-- . .' ." i.of . .... ! ' ,~ ~OH' f"'" ..,,'J._ . - ~. .-' ~ . c ,~: ...)~~ :,= :::: I I ' Site Plan 1 u=SOO ,. . H,LLILIWJ.I,; ..'-j,.... I! ~ . .. .~ ~ ,__-:-.. : I ~,,-~ ....,,, .. r, ~ ~ '., i:" r~------j I ~1-it\.~~ . .1 I - , : ' . . .-.:...... L - . " . 1 'NT'~!\ 1 I ....~ - ".' . .' \ 9 ------..' _ _ " , I ~,. \ ...' .. i, . . . . SQuARE ' ~\.. ;. - . ~ J4 S i I 8K 50 .' II - . ~ ..:" '0 . . ' . c(.. . ...'., , )~"\~ _ . PG 1108:/1 II ~( !? :!~;. .:.~, __: oJ.< . 1<. ..~_...' ,..; ~:-i' '" . , . ' I I ,-. .' / ~ .. . I I ~ ,4."',-- -..... \'0 i ~.' ; '. ,'- ......... J)' / ~'.!' :., ': 4. ': ...: .: '. . ":i~" : 1"::- I ~A '~---i"---&"" ..' , . II ~9; ,---= ~ ,,:. '. ~ '.;:~!- - ____..k. , I' t/ft. 1 ' ~iL:'" 'N:'LLACE f:- . . ---. ~:- - - <<--- i~- , ,I 0 e NISSt.N I .~. . -? - . .'-' ~" "I 'I ? "- ~ ' .. I'.". -"1 L I ' ~ ~ e~2 ,"'31 ~r t,. , '., . ., ..... I {. 1 I -' \' , ^. __ _.J' .~' ~ ... I ----:- _;._c~1 _~"~ " '~-:C') "H_'~O ___. . ..' J'": "'.::: . , ,- ~ 3..;~q . ------- t,:, ~~o.N .. . 1ll.",U -'" _.- -, ! I I I : "" i . r,---- u"---- ':"~--,. ! ' ! . . . "\l~l-~ ~ G~'I~ \ \Qh i JF1" \ ~ \\ (I, ! lJ h:, , , .. . __d:___ ---- _ . I ~ 0 ' " ~] t'~1. . -I ,> ".." ~ I C' . j~ m I,,' ,', , , ' ,:',,- . .~,.;:, ~, 0 I ' /' I I. .,' "tJ I g fT1 81 r ,.'li,'" I x oA-t. ~ I ~ I ,~ )> I 8::! 01 t'" Z z C' ,,~' ,', "I ,~\' ~ 0 'J ,I " I .. ~ '" ~ i r- ., .~, m ,. P:';;' .b g.:::: : ~ ~ >', t ~ ~ ", 0 "0 \J>~ o d',' ~ " (n 0, . , .,. m ~ () ,''- r- ~ o '0 ~ ", '~ ~ ' ::z Q -4 " I\) o 9 I- I" : I '7 II, ~ III :>- '"'' I ~~ ~~I~~~ ,\ U, 'h '. l., ~ f ~ III ~ i' 1,0' ~4i~f.~ I '.," ~\ ,\\I~ I ,...... ' . " ,., 'I ..;,,, '<. :~~~ I ,0,,' r li.>' '.',,-," ~J";,. t"- " " 1\11~ ~ I I . B ; (;. Ii \i I ' l !"T1~i~ I I ' " , .' ,[\ :" \) 18,. " l)G ~_;;! I I " ' fT1 t~ i j~' !" I" x ~!"I~" i ~ I 19:-,\ ~ 1~ ~ ~ ~ .... ; '"." > i \r'k.... 1(1 t~, en I ' , Z tJ"'-"" I ~1 '" ; :":' '0:' , Cl "'~ ; ~ I ~ f. <;:> '.~ -i !:> '" ~ ~ . I ~ ~ I 'v, ~ :,;~: i C i'A' i ~ ~ 10 " ! 0 ~~!' ! , . I 10' I (fl 1\\-, I I -i '~~ Ii. 0 ~~ / I Ig" :%l \!I~ I Ul '< .~ I ~ \r " I~ " ,I a"', ~ ~ J", I .;: , m i "l ; I' ~ 'I i'~,...: b I III I) ( ~ ~ I "," p , .t\ \I~ II> Q\ I I g' -.. ! ~ I" I':b I ,. , " , . t.: I ,. U\ ! ~ ~ nl . . ' , hi I l I' ,I, '0 I -''\ Go, I " ::_' ~ O. ~4-~':;"" _,.. I, l'I "i~...-t, --- , tJ 'I I " 'I " ( I l\1 :i' ~ ~ I '" , , , , ~, :1'" 0 ' I ' :, l' 'I Ib~ IT; :.! I................... ; ~ I "~' I .... _ ~ ~- '~' ",.r":5~ / I -, , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~f - MEETING OF APRIL 9, 1991 RESOLUTION NO. 24-91 DATE: APRIL 3, 1991 This item is a Resolution assessing costs for abatement actions required to remove nuisances on 26 properties throughout the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 24-91 assessing costs for abating nuisances on 26 properties throughout the City. '. . RESOLUTION NO. 24-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE I RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO I BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in t the list attached hereto and made a part hereof, for violation of the I provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in I Chapter 100 of the Code of Ordinances, and did furnish the respective owner (s) of the land (s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land (s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), 1 NOW, THEREFORE, BE IT RESOLVED "' THE CITY COMMISSION OF THE I CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: : Section 1. That assessments in the individual amounts as shown I by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or I parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. I Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. I Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of ,1991. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 24-91 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 24, BLK C, RIDGEWOOD TONY PARRISH $ 25.00 HEIGHTS, DELRAY, PB 14, P 44, 591 SOUTH DIXIE HIGHWAY 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DEERFIELD BCH, FL. 33441 (RECORDING) COUNTY, FL. (16631 SW 7TH AVENUE) LOTS 23 TO 28, INC., BLK 5, TITFISTATE OF FLORIDA $ 223.00 SOUTHRIDGE, PB 13, P 38, FORMER MURPHY ACT LAND 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH C/O TRACY PETERS, PLANNER, (RECORDING) COUNTY, FL. BUREAU LAND MGT.SERV.DIV. (SW 8TH AVENUE) OF STATE LANDS - MARJORY STONEMAN DOUGLAS BUILDING 3900 COMMONWEALTH BLVD. TALLAHASSEE, FL. 32399 LOTS 14 TO 16 INC., BLK 1, ESTERVINA MOREDA $1075.00 SOUTHRIDGE, PB 13, P 38, P.O. BOX 1953 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33447 (RECORDING) COUNTY, FL. (REIGLE AVENUE) LOTS 17 TO 20 INC., BLK 1, ESTERVINA MOREDA $1110.00 SOUTHRIDGE, PB 13, P 38, P.O. BOX 1952 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33447 (RECORDING) COUNTY, FL. (REIGLE AVENUE) LOTS 56 TO 58 INC., SUNSET MANUEL MOREDA $ 411.00 PARK, DELRAY, PB 12, P 65, MANUEL E. MOREDA 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH P.O. BOX 1953 (RECORDING) COUNTY, FL. DELRAY BEACH, FL. 33447 (REIGLE AVENUE) LOTS 23 & 24, BLK 1, MT. MORIAN AFRICAN METH. $ 90.00 SOUTHRIDGE, PB 13, P 38, EPISCOPAL CHURCH 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 632 SW 17TH COURT (RECORDING) COUNTY, FL. BOCA RATON, FL. 33432 (SW 4TH AVENUE) E'LY225.4' OF N300' OF S330' D.E. & ANNIE B. GERMAN $ 161.00 OF SE 1/4, SEC 12-46-42, (H&W) 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 14675 VIA FLORA (RECORDING) COUNTY, FL. DELRAY BEACH, FL. 33484 (BRANDON DRIVE) W 1/2 OF LOT 12, A.J. JOHNSON LAURA W. STEPHENS $ 53.00 SUB., PB 20, P 57, PUBLIC ANTON Y. FOSTER 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. 100 93RD ST. W. APT. 9E (RECORDING) (NW 1ST STREET) NEW YORK CITY, NY 10025 -3- Re s. No. 24- 91 " . LOT 19, BLK 1, ODMANN'S SUB., O.W.& MILDRED BURROUGHS $ 59.00 PB 4, P 53, PUBLIC RECORDS, 243 BILBOA STREET 50.00 (ADM. COST) PALM BEACH COUNTY, FL. ROYAL PALM BCH,FL. 33411 (RECORDING) (NW 13TH AVENUE) S5' OF LOT 1 & N71.5' OF SYLVIA SCHUPLER TRUST $ 58.00 LOT 2, BLK 30, TOWN OF DELRAY, 3101 WASHINGTON ROAD 50.00 (ADM. COST) PB 1, P 3, PUBLIC RECORDS, WEST PALM BCH, FL. 33405 (RECORDING) PALM BEACH COUNTY, FL. (SW 5TH AVENUE) LOT 23, BLK 23, TOWN OF GRACE BARNETT $ 59.00 DELRAY, PB 10, P 69, PUBLIC 1401 39TH STREET 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. WEST PALM BCH, FL. 33407 (RECORDING) (SW 3RD STREET) W35' OF LOT 25, BLK 17, RESUB. MILDRED BURNS $ 26.50 OF BLK 17, DELRAY BEACH, 330 NW 7TH AVENUE 25.00 (ADM. COST) PB 21, P 90, PUBLIC RECORDS, DELRAY BEACH, FL. 33444 (RECORDING) PALM BEACH COUNTY, FL. (NW 4TH AVENUE) W50' OF LOT 26, BLK 17, RESUB. MILDRED BURNS $ 26.50 OF BLK 17, DELRAY BEACH, 330 NW 7TH AVENUE 25.00 (ADM. COST) PB 21, P 90, PUBLIC RECORDS, DELRAY BEACH, FL. 33444 (RECORDING) PALM BEACH COUNTY, FL. (NW 4TH AVENUE) N58' OF S312.12' OF E135' OF IVERSON LASTER $ 58.00 E135' OF BLK 10, TOWN OF 511 NW 2ND STREET 50.00 (ADM. COST) DELRAY, PB 1, P 3, PUBLIC DELRAY BEACH, FL. 33444 (RECORDING) RECORDS, PALM BEACH COUNTY,FL. (NW 6TH AVENUE) LOT 259, TROPIC ISLE 3RD EMILIO & ALICE GIANARELLI $ 40.00 SECTION, PB 25, P 37, PUBLIC (H&W)C/O RAY PECOR 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. 940 FERN DRIVE (RECORDING) (EVERGREEN DRIVE) DELRAY BEACH, FL. 33483 LOT 217, TROPIC ISLE 2ND THEODORE AMARODIDIS $ 60.00 SECTION, PB 24, P 246, PUBLIC 7491 N FED. HWY. #C5 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. BOCA RATON, FL.33487-1602 ( RECORDING) (964 CYPRESS DRIVE) LOT 50, POINCIANA HEIGHTS OF TILLIE NELSON $ 30.00 DELRAY BEACH, PB 26, P 245, 219 NW 10TH AVENUE 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 (RECORDING) COUNTY, FL. (1001 NW 3RD TERRACE) S80.26' OF LOT 4/LESS W550', WILLIAM A.& ELIZABETH $ 32.00 BEACH LOTS DELRAY, NOW KNOWN B. PERRY (H&W) 50.00 (ADM. COST) AS: lOT 4 (LESS W550' & 38 HIGH AVENUE ( RECORDING) N80.4'), CREGO SUB. AMEND NYACK, NY 10960 PLAT 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (316 NORTH OCEAN BLVD.) -4- Res. No. 24-91 '"l LOT 9 & N29.5' OF LOT 10 OF CURTIS L.& MARY A.HANNA $ 42.00 N 1/2 OF BLK 38, TOWN OF (H&W) 50.00 (ADM. COST) DELRAY, PB 11, P 54, PUBLIC 210 SW 3RD AVENUE (RECORDING) RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 (304 SW 1ST STREET) S 1/2 OF LOT 13 & LOT 14, PAUL PIAZZOLLA JR. $ 58.00 BLK 70 (OLD SCHOOL SQUARE 3701 N. DIXIE HIGHWAY 50.00 (ADM. COST) HISTORIC DISTRICT), TOWN OF POMPANO BEACH, FL.33064 (RECORDING) DELRAY, NOW KNOWN AS: SUNDY & CROMER AMEND PL., PUBLIC RECORDS, PALM BEACH COUNTY,FL. (130-132 SE 1ST AVENUE) ALL OF PLAT, OCEAN CAY OF TWO TWENTY TWO DELRAY $193.00 DELRAY, PB 50, P 59, PUBLIC PROPERTIES INC. 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. 6550 N. OCEAN BLVD. 1#7 (RECORDING) (218 NORTH OCEAN BLVD.) OCEAN RIDGE, FL. 33435 LOT 12, BLK 1, ODMANN'S SUB., MARIH HAYES EST. $ 59.00 PB 4, P 53, PUBLIC RECORDS, C/O WILLIE R.GOODMAN JR. 50.00 (ADM. COST) PALM BEACH COUNTY, FL. 123 GARFIELD AVENUE (20 NW 13TH AVENUE) TRENTON, NJ 08609 LOT 19 (LESS I-95 Rlw AS IN ORA MITCHELL $ 24.00 OR 2128,P 1916) BLK 3, 41 SW 14TH AVENUE 50.00 (ADM. COST) ODMANN'S SUB., PB 4, P 53, DELRAY BEACH, FL. 33444 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL. (42 SW 14TH AVENUE) LOT 25, BLK 2, CARVER PARK, T.L. & CORNELIA WILSON $ 47.00 PB 27, P 55, PUBLIC RECORDS, (H&W) 50.00 (ADM. COST) PALM BEACH COUNTY, FL. 1412 SW 3RD STREET ( RECORDING) (1412 SW 3RD STREET) DELRAY BEACH, FL. 33444 W80' OF E440' OF LOT 6, J.L. & MAUREEN MAAS $226.00 LAMBERT TRAILER COURT, PB 22, (H&W) 50.00 (ADM. COST) P 41, PUBLIC RECORDS, PALM 3825 LONE PINE ROAD (RECORDING) BEACH COUNTY, FL. DELRAY BEACH, FL. 33445 (SE 12TH ROAD) W50' OF S150' OF BLK 18, TOWN LONNIE & PHYLLIS DURHAM $ 40.00 OF DELRAY, PB 1, P 3, PUBLIC (H&W) 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. 521 NW 2ND STREET ( RECORDING) (NW 6TH AVE & NW 2ND ST) DELRAY BEACH, FL. 33444 VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -5_ Res. No. 24-91 ,"'I . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER b1i1 SUBJECT: AGENDA ITEM # ~G; - MEETING OF APRIL 9, 1991 RESOLUTION NO. 25-91 DATE: APRIL 3, 1991 This is a Resolution vacating and abandoning a 10 foot utility easement lying over the north 10 feet of Lots 20, 21, and 22, Block 40, Grove Park for the Church of God Prophesy. This abandonment has been required as a condition of approval of the site plan. The abandonment request has been properly prepared and processed. Recommend approval of Resolution No. 25-91 abandoning a 10 foot utility easement lying over the north 10 feet of Lots 20, 21, and 22, Block 40, Grove Park for the Church of God Prophesy. ?</ . ;r1 i~~~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM: E. DEARDEN, PLANNER II & ZONING DEPT. ~~- VID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF APRIL 9, 1991 **CONSENT AGENDA** ABANDONMENT OF EASEMENT, CHURCH OF GOD PROPHESY ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of abandonment of a easement which is within the property of the proposed Church of God Prophesy, located at the N.E. corner of S.W. 4th Avenue and S.W. 4th Street. BACKGROUND: This abandonment has been required as a condition of approval of the site plan approval. The abandonment request has been properly prepared and processed. While there are no objections to the proposed abandonment, it is necessary that a replacement utility easement be provided to Florida Power and Light Company. This easement has been provided to F.P.L. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board does not have any action on public easements. RECOMMENDED ACTION: By motion, adoption of Resolution -91. Attachments: * Location sketch * Resolution to be provided by City Clerk ked:#5cogaban . N r---, 0 I ~ "- I ~ ~ ~~ I I <) ~ ~ '" ~, <>, , l) ~ lIl" 0,; " ~""~ I l. \. ~ ::\ " !'I" l.Il I !" ~ I ~ ,. ?~ L~~<-=i" .j'<G:t \ -- I ... I I ~. I 3o'~ - /35. /0' ",,,;;r r_ "T;'/{/;II y. ~'.4I/1G1{ ~ ~ w~..... (<' ~ ~ r- ..9 <;!. .~ IoIIR~ FENCE /:11;#1" L IA/k. e. C .~ FENCE '0 ,.... i '" '\l :1 .. ." ~ I 70 0 f\) < r '" ~ V) ~ C) I ~ ",' ~ 4 I I ~~ !J> ." I I\l I ~ ~ . ~ .,.. ,. ~ 1 ' t" ~ -. ~ ~ l;:, ~ ~ ,,~ I~; ~ ~ ~ ~ ~ :t- I\) T ~~ ~ " -- tb -t- 'e"AJPN.I r "'.... "- O!, t'~.;;? 'I ~ ,,~ t:l J I~l l\ ~I )l;- " " ...~ .. Ii , ii: ! ~ ~ I~ 1<" ~I ~ .,,:z: "\ ~ "'....... ~( ~ Z~7-. .. ~ ~ ~~l ~ I -1'-- ~ ;! \) ~ w ~~ I '" .. I... .... . ,.. '" 11\1 . .... ~;J I ~ ~ I . i~1 ~ ~~~~ "- ~ ..~ I~ t~ I ~ 1 :~ ~ ...~ i~ ~ N~ l' ~ ~~ f ~ ~ b S. l;::) ~ ~j '\ "l- I;) .,. I:) ~~ '" ~ ~ .. "\ ..... ,... l\l r- ';. '1 t)) 9 ~I ~ l'\) .. <:> . ~ ~ .~ ? I\) ;,. VI "' .... '" t .. "- I\) ~ ! 24- ~ I ~ ~ .".~'" ~~ II (: .- ~~ ~ ~ "'~ ~ .- , I ~ ~- ~ ..... //0. Sa," 't,'>< ,.. -'~ ,.. - /3 S' ~ . N >'III&.", (,f/~E . /17 "'~~'''L:: p _"'(-_(~_ / ~ rF/Vc.!' . ""'~~Nt!'"4.L) :'Q> ~. ""w~..c L.'N~ .""0 . . rt:7G/.-{' T,l/ .fT~cer ~, - l-Et: ~.1.I - ;~ :. I: I'J. 'JI <'""'0 2~ I N'~ 1:.3' AJP,<,l4~ r /"AVE,NE"Nr, ~ . . RESOLUTION NO. 25-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 10 FOOT UTILITY EASEMENT LYING OVER THE NORTH 10.00 FEET OF LOTS 20, 21 AND 22, BLOCK 40, GROVE PARK, A SUBDIVISION AS RECORDED IN PLAT BOOK 12, PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. WHEREAS, Douglas D. Rohrbaugh and Irene C. Rohrbaugh, his wife, are the fee-simple owners of Lots 20, 21 and 22, Block 40, Grove Park, as recorded in Plat Book 12, Page 71 of the Public Records of Palm Beach County, Florida; and, WHEREAS, Charles s. Baldwin, Agent, has made application for abandonment of a 10 foot utility easement lying over the north 10.00 feet of Lots 20, 21 and 22, Block 40, Grove Park; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interests of the City of De1ray Beach to vacate and abandon said utility easement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property: A 10 foot utility easement lying over the north 10.00 feet of Lots 20, 21 and 22, Block 40, Grove Park, a Subdivision as recorded in Plat Book 12, Page 71 of the Public Records of Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the 9th day of April, 1991. MAY 0 R ATTEST: City Clerk . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # - MEETING OF APRIL 9 1991 RESOLUTION NO. DATE: APRIL 3, 1991 This is a Resolution which establishes the Carver Middle School Task Force as an advisory body to the City Commission. The Carver Middle School Task Force is being established to determine alternatives and make recommendations to the City Commission on the reuse of the Carver Middle School site. The proposed composition of the Task Force and subsequent appointments are provided for as a separate agenda item. A sunset date has been established to provide for the disbanding of the Task Force upon the discharge of its assigned task or by December 1, 1991, unless otherwise extended by the Commission. Recommend approval of Resolution No. 26-91 establishing the Carver Middle School Task Force as an advisory body to the City Commission with a sunset date commensurate with the completion of its assigned task or by December 1, 1991, unless otherwise extended by the Commission. RESOLUTION NO. 26-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE CARVER MIDDLE SCHOOL TASK FORCE AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVIDING FOR THE AUTHORITY OF SAID TASK FORCE; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF SAID TASK FORCE; PROVIDING FOR THE COMPOSITION OF SAID TASK FORCE AND THE RATIFICATION AND/OR DIRECT APPOINTMENT BY THE CITY COMMISSION OF MEMBERS TO SAID TASK FORCE; PROVIDING AN EFFECTIVE DATE AND SETTING A SUNSET DATE. WHEREAS, the City Commission of the City of De1ray Beach, Florida, recognizes the importance of establishing an immediate re-use for Carver Middle School prior to the vacation of the building; and, WHEREAS, the City Commission wishes to establish a task force to provide for a citizens input process to determine alternatives for the Carver Middle School site, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That there is hereby established the CARVER MIDDLE SCHOOL TASK FORCE as an advisory body to the City Commission which shall determine alternatives and make recommendations to the City Commission on the reuse of the Carver Middle School site. Section 2. That the Carver Middle School Task Force shall consist of a membership to be ratified and/or directly appointed by the City Commission, as follows: (1) Staff: (for ratification) City Manager Director of Community Improvement City Attorney Chief of Police or his designee Director of Parks and Recreation (2) Citizens: (for direct appointment) Two (2) from Northwest Section Two (2) from Southwest Section Two (2) from other areas (3 Others as Suggested: (for ratification) One (1) City commissioner Two (2) Education Board Members One (1) Member of the Community Redevelopment Agency One (1) Member of the Chamber of Commerce One (1) Member of the Delray Beach Housing Authority Two (2) Members of the Planning and Zoning Board (Each Board is to recommend its own appointee(s) for Commission ratification) Section 3. That the Carver Middle School Task Force shall immediately pursue its assigned task with a target of accomplishing said task by December 1, 1991. Section 4. That the Carver Middle School Task Force shall disband upon the discharge of its assigned task or by December 1, 1991, unless otherwise extended by action of the City Commission. PASSED AND ADOPTED in regular session on this the 9th day of Apr il , 1991. ~~ . M pt?'O R ATTEST: - ( j ~1 ~[n Y/))/, ~A "1f' I-IQ 4Ir C~ty le I - 2 - Res. No. 26-91 I . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 8:t - MEETING OF APRIL 9, 1991 RESOLUTION NO. 27-91 DATE: APRIL 3, 1991 This is a Resolution urging Governor Chiles to reconsider the proposed state-wide budget reductions for public education. Recommend approval of Resolution No. 27-91. \::1JL ~ td ~OOL . ~ ~ ~ .3 / ~ C"fkI lis 1.Pf~be. f)~'ax.J - ,,' !I II RESOLUTION NO. 27-91 :i A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ii' DELRAY BEACH, FLORIDA, URGING GOVERNOR CHILES TO I RECONSIDER THE PROPOSED STATE-WIDE BUDGET REDUCTIONS I FOR PUBLIC EDUCATION. II :1 WHEREAS, it has come to the attention of the City Commission of j the City of Delray Beach, Florida, that the Office of the Governor has I proposed state-wide budget reductions, including budget reductions for I public education; and, r ! WHEREAS, the proposed budget cutbacks appear to adversely : affect all public school students of Delray Beach and Palm Beach County; land, I WHEREAS, the City Commission recognizes the importance of I quality education and adequate school facilities in the continuing growth and development of our students; and, , I WHEREAS, the City Commission recognizes that a quality public education represents an investment in our children and the next genera- I tion of this nation; and, il WHEREAS, the quality of the education of our children should be lour number one priority locally as well as nationally which will require increased funding instead of cutbacks; and, I WHEREAS, the City Commission is of the opinion that the Palm ! Beach County School Board should retain authority to levy discretionary i millage at the local level, I I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: I Section 1. That the City Commission urges Governor Chiles to reconsider the proposed state-wide budget reductions for public educa- tion. Section 2. That the City Commission urges Governor Chiles to gauge the extent of the support of the public educational system in Palm Beach County prior to moving forward with these bUdgetary proposals. I I Section 3. That the City Commission directs the City Clerk to send an executed copy of this resolution to Governor Lawton Chiles, the Florida State Department of Education, the Palm Beach County School Board and the Board of County Commissioners. PASSED AND ADOPTED in regular session on this the 9th day of I Apr il, 1991. MAY 0 R ATTEST: City Clerk '" , Tequesta TO 912433774 F'.0103 , - . . . j ! VILLAGE OF TEQUESTA ADR 0 2 91 Post Officc Bo~ 3273 . 357 Tequcsta Drive Tequesta, Florida 33469-0273 · (407) 575.6200 ",.- - FAX: (407) 575-6'203 ",-" .. Post.lf~ brand fax transmittal memo-j671 To Fro MEMORANDUM: Fax # TO: Mayors of Palm Beach County Municipalities FROM: Ron T. Macka!l, Vice Mayor ~ 7n~ ' ",::::J. DATE: April 2, 1991 SUBJECT: Governor Chiles' Proposed Education Budget Reductions Enclosed herewith, please find your copy of a recent letter that was authorized by the Tequesta Village Council for Governor Chiles expressing concerns relative to proposed education budget r0ouctions. I would hope that you and your municipality WOUld give serious considex-at1on to this important subject and express any reservations that you may have directly to Governor Chiles and the Palm Beach County School Board Members. Should you have any questions concerning this subject, please feel free to contact me at your convenience. RTM/jmm Enclosure ReC']cled Paper " ~ f RPP-02-1991 11:47 FROM Village of Tequesta TO 912433774 P . [12/D3 , /1 ~ ql ) , VILLAGE OF TEQUESTA ,-;' \ . .) , Post Office Box 3273 · 357 Tequesta Drive (0 Tequesta. Florida 33469-0273 . (407) 575-6200 FAX: (407) 575"6203 ~pr i 1 1, 1991 VIA: Facsimile and ~\;S~ CI~SS Mail The Honorable Lawton Chiles Governor of Florida 'rhe Capitol Tallahassee, Florida 32399-0001 RE: Proposed gducation Budget Reductions Dear Governor Chiles: It has come to our attention, through the news media ana ~ther sources, that your Office has proposed state-wide budget redu' is, including budget reductions for public education. In 1. nse thereto, the Palm Beach County School Board has proposed an eight percent ,<8%) across-the-board reduction in the budgets of all public schools in Palm Beach County. Further, the Palm Beach County School Board has proposed a ten percent (10%) reduction of staff, resulting in the elimination of one thousand five hundred (1, 5C': ; positions in the Palm Beach County public schools, inCluding aid6's and administrative staff as well as teachers. (-. ~.~ behalf of the Village Council and concerned Village resider.ls, we "). to take this opportunity to express reservations about th\ ~ posed educational budget reductions of your Office and the Pal beach County SchoOl Board. The proposed budget cutbacks appear to adversely effect all public school st~dents of Tequesta and Palm Beach County. A quality public education represents an investment in our children and the next generation of this nation. The quality of the education of our children should be Our number one priority locally as well as nationally which, in all likelihood, will require increased funding instead of cutbacks. Therefore, any proposals to transfer funds from the state Education Department to any other department: of stat:e government: would be objectionable. Any use of lottery monies as a replacement funding source in the educational budget should be prohibited and lottery funds should be utilized to enhance and supplement the existing educational budget. Should these educatior..al budget reductions from your Office be inevitable, forcing reductions by the Palm Beach County School Board, the School Board and your Office s~ould require the reduction or elimination Of certain e~tracurricular activities in lieu of reducing or el.1minating reading, writing and mathematics programs. In these difficult economic times, the basic function of the public education system should not be impactp.d by the proposed educational Rec:yckd Paper --, ," ~ APR-02-1991 11:48 FROM Village of Tequesta TO 912433774 P. [13/03 . . . The Honorable Lawton Chiles April 1, 1991 Page - 2 ---------w~_~w_______~__~__ budget cuts. Nonessential extracurricular programs, instead of basic education offerings, should be targeted for reduction or elimination. We urge you to gauge the extent of the support of the public educational system in Palm Beach County prior to moving forward with these budgetary proposals in order to modify the same in response to the desires of the people of Palm Beach County. Your consideration of this concern is greatly appreciated. Sincerely, 9Z:N~ \.~~. ?n~ Ron T. Mackail Mayor Vice MayoX' JNC/RTM/jnun cc: Village Council Palm Beach County School Board Members Thomas J. Mills, Superintendent of Schools, Palm Beach County School Board Palm Beach County Mayors Mrs. Cheryl Onorato MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER P/1. SUBJECT: AGENDA ITEM # 8'C. - MEETING OF APRIL 9, 1991 ACCEPTANCE OF AN EASEMENT AGREEMENT DATE: APRIL 3, 1991 This item is before you for acceptance of an easement agreement from the Department of the Army for the installation of our subaqueous watermain. This action is necessary in order to proceed with the subaqueous watermain crossing of the Intracoastal Waterway. Recommend acceptance of an easement agreement from the Department of the Army for the installation of our subaqueous watermain. 4/ /0 0 ~/G MIA. L GiVeN 10 Ii'IJ(J)AR.b /)J{GHr F()'€' ell" AI G€.s 6;;. D(( CITY OF DELRAY BEACH Dj:[ 1f1frr 00 CID W 1foo~[KI] ~ [J0{] 01fC:[f~ Department Of Environmental Services 100 N.W. 1st Avenue 14-36 CCl {-- DELRAY BEACH, FL 33444 DATE (407) 243-7300 4 5 91 ATTENTION Nanc RE: TO City of Delray a C/O City Manager Intracoastal > WE ARE SENDING YOU o Attached o Under separate cover via the following items: o Shop drawings o Prints o Plans o Samples o Specifications KI Copy of letter o Change order n Ea~ement Agreement COPIES DATE NO. DESCRIPTION 3 3/21/91 1 DDepartment of Army consent to easement number DACW17-9-91-0045. THESE ARE TRANSMITTED as checked below: XX For approval o Approved as submitted o Resubmit_copies for approval o For your use o Approved as noted o Submit_copies for distribution > o As requested o Returned for corrections o Return_corrected prints o For review and comment KJ Return two ( 2 ) signed copies o FOR BIDS DUE 19 o PRINTS RETURNED AFTER LOAN TO US REMARKS INFORMATION = EASEMENT AGREEMENT HAS BEEN REVIEWD AND AGREED "AS TO FORM" BY SUSAN A. RUBY, ASST. CITY ATTY ON APRIL 5, 1991. PLEASE PLACE ON COMMISSION AGENDA FOR APPROVAL ~ COpy TO -;# /- ~ SIGNED: . . PROOUCT140,1 (NEBS(Inc.. GrolDn...... 01471 " enclosure. .re not .. noted. kindly notify L10Itl a.Jed Wig h t , Const. x~~~,ger .~ DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS P. O. BOX 4970 JACKSONVILLE, FLORIDA 32232.0019 REPLY TO ATTENTION OF March 21, 1991 Real Estate Division City of Delray Beach c/o Mr. William Greenwood HHJ N.W. 1st Avenue Delray Beach, Florida 33444-2612 - Dear Sirs: Reference is made to Department of the Army permit application number 199CcJ3CcJ9l2 ( JC-GP) for the installation of a subaqueous cable. Since the proposed work, pursuant to the above referenced permit application, is within the Federal right-of-way of the Intracoastal Waterway, a consent to easement must be executed by you and on behalf of the Government prior to issuance of the permit. r'1 ... Enclosed you will find two copies of Department of the~rm~ Consent to Easement No. DACW17-9-91-CcJCcJ45, designed to a~o~ ~ installation of a subaqueous cable within the Governmen~s ~9fii- of-way of the Intracoastal Waterway. This property is en f~d as Tract Nos. 781, 782, and 789, Intracoastal Waterway, r',. Ul ;-~ Jacksonville to Miami, Palm Beach County, Florida. .' -n -[': "., -.. t/') -- Please review the enclosed consent and sign both cop[~s ~ ~ the presence of two disinterested witnesses and return b~ ~ ~ copies to this office for signat~re ?n behalf of the G?ve~nm~t.~ .- ' Please do not date the consent, it Will be dated when lt is signed on behalf of the Government. A fully signed copy of the consent and the executed Department of the Army permit will be forwarded to you. Thank you for your cooperation. Should you have any questions, please telephone Mr. Larry Wright of this office at (9CcJ4 ) 791-2537. Sincerely, i/fta "Q~ 'I. r-LrClIz - Marsha L. Flock Acting Chief, Real Estate Division Enclosure .. DEPARTMENT OF THE ARMY CONSENT TO EASEMENT TO USE CORPS OF ENGINEERS RIGHT-OF-WAY Consent No. DACW17-9-91-0045 Project: Intracoastal Waterway, Jacksonville to Miami, Palm Beach County, FL Tract Nos. 781, 782 and 789 THIS CONSENT TO EASEMENT AGREEMENT, made by and between the UNITED STATES OF AMERICA, DEPARTMENT OF THE ARMY, hereinafter referred to as the "Government", acting by and through the Chief, Real Estate Division, u.s. Army Corps of Engineers, Jacksonville District, hereinafter referred to as "said officer," and City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida, hereinafter referred to as the "Grantee": WHEREAS, the Government has acquired a right-of-way easement over the above-numbered tract of land, which easement, by its terms, reserves to the Government, in perpetuity, the right to use said easement for the construction, improvement, and mainte- nance of the Intracoastal Waterway, Jacksonville to Miami, Palm Beach County, Florida; and WHEREAS, the Grantee has requested permission to install, use maintain, repair, replace and remove a subaqueous cable in, on, across, over, and under a portion the lands identified as Tract Nos. 781, 782, and 789, section 16, Township 46 South, Range 43 East, Palm Beach County, Florida. The area, comprising 0.21 of an acre, more or less, is shown in red on Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, this consent is granted and accepted under the following conditions: 1. That it is understood that this consent is effective only insofar as the property rights of the Government in the land to be occupied are concerned, and that it does not relieve the Grantee from the necessity of obtaining grants from the owners of the fee and/or other interests, therein, nor does it obviate the requirement that the Grantee obtain State or local assent required by law for the activity authorized herein. 2. That any proposed improvements or use authorized herein shall not be commenced until appropriate rights shall have been obtained by the Grantee from the record owners and encumbrancers of the fee title to the lands involved, or until the Grantee has obtained all Federal, State, or local permits required by law. 1 '. Consent No. DACW17-9-91-0045 Project: Intracoastal Waterway, Jacksonville to Miami, Palm Beach County, FL Tract Nos. 781, 782 and 789 3. That the proposed improvements or use authorized herein shall be consistent with the terms and conditions of this Consent; and that any improvements or use not specifically identified and authorized shall constitute a violation of the terms and condi- tions of this Consent which may result in a revocation of this Consent and in the institution of such legal proceedings as the Government may consider appropriate, whether or not this Consent has been revoked or modified. 4. That the exercise of the privileges hereby consented to shall be without cost or expense to the Government and under the super- vision of and subject to the approval of the said officer having immediate jurisdiction over the property and subject to such regulations as he may from time to time prescribe, including, but not limited to, the specific conditions, requirements, and speci- fications set forth in paragraph 14 below. 5. That the Grantee shall supervise and maintain the said improvements and cause it to be inspected at reasonable intervals, and shall immediately repair any damage found therein as a result of such inspection, or when requested by said officer to repair any defects. Upon completion of the installation of said improvements or the making of any repairs thereto, the premises shall be restored immediately by the Grantee, at the Grantee's own expense, to the same condition as that in which they existed prior to the commencement of such work, to the satisfaction of said officer. 6. That any property of the Government damaged or destroyed by the Grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to the satisfaction of the said officer, or in lieu of such repair or replacement, the Grantee shall, if so required by said officer and at his option, pay to the Government an amount sufficient to compensate for the loss sustained by the Government by reason of damage to or destruction of Government property. 7. That the Government shall not be responsible for damages to the property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the Grantee, or for damages to the property or injuries to the person of the Grantee, or the persons of Grantee's officers, agents, servants, or employees, or others who may be on said premises at the invitation of the Grantee or 2 Consent No. DACW17-9-91-0045 Project: Intracoastal Waterway, Jacksonville to Miami, Palm Beach County, FL Tract Nos. 781, 782 and 789 the invitation of one of them, arising from Governmental activities on or in the vicinity of the said premises, and the Grantee shall hold the Government harmless from any and all claims. 8. That the Government shall in no case be liable for any damage to any improvements herein authorized which may be caused by any action of the Government, under the rights obtained in its ease- ments, either hidden or known, or that may result from the future operations undertaken by the Government, and no claim or right to compensation shall accrue from such damage, and if further opera- tions of the Government require the alteration or removal of any improvements herein authorized, the Grantee shall, upon due notice, from said officer, alter or remove said improvements without expense to the Government and subject to the supervision and approval of the said officer and no claim for damages shall be made against the Government on account of such alterations or removal. 9. That construction and/or operation, maintenance, and use of any improvements incident to the exercise of the privileges herein granted shall be in such a manner as not to conflict with the rights of the Government, nor to interfere with the opera- tions by the Government under such rights nor to endanger lives and safety of the public. 10. That this Consent may be terminated by the Government or said officer upon reasonable notice to the Grantee if the Govern- ment or said officer shall determine that any improvements or use to which consent is herein granted interferes with the use of said land or any part thereof by the Government, and this Consent may be annulled and forfeited by the declaration of the Govern- ment or said officer for failure to comply with any or all of the provisions and conditions of this Consent, or for nonuse for a period of two (2) years, or for abandonment. 11- That upon relinquishment, termination, revocation, forfei- ture, or annulment of this Consent, the Grantee shall vacate the premises, remove all property of the Grantee therefrom, and restore the premises to a condition satisfactory to the said officer. If the Grantee shall fail or neglect to remove the said property and so restore the premises, then at the option of the Government or said officer, the said property shall either 3 ," Consent No. DACW17-9-91-0045 Project: Intracoastal Waterway, Jacksonville to Miami, Palm Beach County, FL Tract Nos. 781, 782 and 789 become the property of the Government without compensation there- for, or the Government or said officer, may cause it to be removed and the premises to be so restored at the expense of the Grantee, and no claim for damages against the Government, or its officer or agents, shall be created by or made on account of such removal and restoration. 12. That the Grantee within the limits of his respective legal powers shall comply with all Federal, interstate, state, and/or local governmental regulations, conditions, or instructions for the protection of the environment and all other matters as they relate to real property interests granted herein. 13. That the Grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural, or other cultural artifacts, relics, vestiges, remains, or objects of antiquity. In the event such items are discovered on the premises, the Grantee shall immediately notify the District Engineer, Jacksonville District, Post Office Box 4970, Jacksonville, Florida 32232-0019, and the site and the material shall be protected by the Grantee from further disturb- ance until a professional examination of them can be made or until clearance to proceed is authorized by the District Engineer. 14. That construction shall be in accordance with Department of the Army Permit No. 199030912 (JC-GP), attached hereto and made a part hereof as Exhibit "B". 15. That this Consent may not be transferred to a third party without the prior written notice to the Chief, Real Estate Division, u.s. Army Corps of Engineers, Jacksonville District, Post Office Box 4970, Jacksonville, Florida 32232-0019, and by the transferee's written agreement to comply with and be bound by all the terms and conditions of this Consent. In addition, if the Grantee transfers the improvements authorized herein by conveyance of realty, the deed shall reference this Consent and the terms and conditions herein and the Consent shall be recorded along with the deed in the Registrar of Deeds or with other appropriate official. 4 '" Consent No. DACW17-9-91-0045 Project: Intracoastal Waterway, Jacksonville to Miami, Palm Beach County, FL Tract Nos. 781, 782 and 789 This Consent is not subject to Title 10, United states Code, section 2662. IN WITNESS WHEREOF, I have hereunto set my hand, by authority of the Secretary of the Army, this day of , 1991. UNITED STATES OF AMERICA BY: KENT D. GRIFFIN Chief, Real Estate Division U.S. Army Engineer District Jacksonville, Florida AGREED TO AND ACCEPTED: BY: witness witness 5 ." I KAlUttUIUAUUIl rAUUUt) - 0 I "il1lOMll TRUE NORTH STAll IIOADI FI!IlIIM IOAII5 All ...e ACQUISITION 0 C E TOTAL ACRES ACQC'- A AI Fe !'talC 4- r .. ~.- ~ USI PIIMIr ~ ... .. ILl ..- ,..... ~ '-... <~ "'.~...... JI ~ 11-1-" ~ ~ 13200 13200 ~ ..-l i E-l E-Z ~ .- ..;;;. ., ,,-- 11-..'" &- ,-- y-;::\ DISfOUl =~ "'~'. ....- TOTAL ACIB ~ Of II .... - SOlD '~""', I:! !'talC ~ ~. 1:- ~, (= ,.-- " ~. , ,. ,'. "- USI PIIMIr ec.. ... a AI '" . -;z-~ 1110 \ ~ '.. 71', , "I 1'. . '10 'I' i \1 ..,..,...... - ......,.. L.EASES ~ i l!SSEI ......... __ I ~ 1\ IEAS1IGtB ---, OTHR ;1 ----' . .. 105.000.00 I I II lBiBID I III ; \ ElCCIPf POI ,.. 8'ICIM ..... ItlCI'WN IBOW MI SY.xs ~ SY_ .. ,..., .,., IIIW L /..PPQO't., MATE T!ONtAL IMNIM ND. 2S. I!SHVA11ClM LN E:: LOCA.TtON OF RESRYA11ClM iN _... E: Pt20POSE.D PR.OJECT SiTE TIAC1' IOUNDM1' iN ~ TIAC1' NJMIR 8 . i SECTIONS 9 a 16 CONTOUI iN ~ . EXHIBIT "A'. TWP. 46 S.-RGE.43 E. DISPOSAl. ~ 16 2\ PALM BEACH COUNTY t......' .__.....1 OEP".T"ENT OF THE n.n 17 20 O'J'trU 011 TN[ .l.caSOtf~ DI!T_1CT [.OIIlEI" !l- 1...4 'r..... 130011 . "ooZf I...... iE Ill.. SOUTH ATL.ANTIC DIVISION .-30.... I T.... ,'Ioof: .. 1'.OIl ....... .E..... 2 -za-6" ; lrl I)ZO.[-, . 13Z01l"-Z __ !C. [ P ....- .. 2-1 ~6.' "'. :'203E 1J'1' . _ft WN REAL ESTATE lIt,K. IZ.31-I'1 T, I]ZOS[ b.... ; E III.. a-=- _ .................z ..<<. 1-1-6:5! ...,......-....._ s.... 1:SO.I:5I," I:5Z '( .. INTRACOASTAL WATERWAY Ill. '.A I - 1-1:5 I 'Tra. 1:52001004 till.. IIZOOC.I.IJIOII ""'. "ZOII .... IE... , ".~... ..11.621 Tr l:5ooll.... ~ C E. po \/l'I.;.. ......62 I Trs. IJICIOE. ISIOIE ... IStO&' .... i E.II.. JACKSONVILLE TO MIAMI '.51..'1 T"- lJOOCK.. I~.... 1 t II II C . C '~Zl.t. to...... .f fr .,... I lot L. .. C Ie :S.IZ~' .., Di...... .. '" 71' ... 1.1'.... Tr. 'N' E . .. . ~- ...... ~.... I.SI lit,. 1- 21. 51 T, I-.'o( .... E'" .. E... 10-15-'" 0...1" IlSA ..ac... _ E'" 08'IClI. ~ Of ---. WAStelG1QN 25. D. C- .,. I-Zo-. e "SA .....-ft r..... ., ..... ..... "eM ~lJDITED ...... . . . :z . .,~.. ~ ca.w.t AIi...... ., ___ c.rrec'. aCE """,OVED 2 .--.W1 . .. DAlI - 1'1 ., M'fAUA1Ot m .....:r ~ c..~z .. ..:.-. ~ DEPARTMENT OF THE ARMY MIAMI RELD OFFICE, 8410 NW 53AD TERRACE MONTEREY BLDG., SUITE 225 MIAMI. R.ORIM 33188-4585 I ~ I "'"'' '--=" ATTENTION OF Miami Regulatory Field Office 199030912 (JC-GP) City Of Delray Beach William Greenwood 100 NW 1st. Avenue Delray Beach, Florida 33444 - Gentlemen: Reference is made to your request for a Department of the Army permit for a subaqueous cable in the Intracoastal Waterway in S.E. First street, Delray Beach, Palm Beach County. The project as proposed is authorized by General Permit CESAJ-14, 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, r Lk A.SePT Charles-A. Schnepel Chief, Regulatory Section - EXHIBi r "8'" ," ,~ r; -~ I'~ =&1 fr~ ~4- '-.. -Zit "- ....,-!l. ~A/d't7 ~ ~..z.! ~, J~~~ ~ ~~ =il I ~~. ~ ~ ~ t ~~ =: ~ ~ \. f ~ . i~ ~ ~~ it ~ · ~ ~ '>:I -.. ~...~ i ," :) ~ ~ ~~ \: Kt:.t;'=J~~, ~~ .. i~ , \ · ~~ ~ \ ~ ~ ~ ., OCl 1 ~ ~ ~ * ~ _ Ole ~. ~~ ~ ~~ :~ ~~~~ ~~~ ~i ,; ~~ ~ ~ '- .~' ~ "'-l ~ ~~ _.:a I ~ ~ ~ ~ '. ~ " ~ ~ '" fA 'I" r-: ~ ~ ~ ) to ~" ~ ~~ ::1'" lj\ \ -I'" . .Lsz I ~ --: "_ t ~"P~t?z /, I ~~ -t'l "- '~5 ~. .. ~ I~ ... ~ ~l~ ~ "~f ~I~ ~~ "I' ~~ - laJ I~ ~~ t; I&. ~~laJ : '"' ~~ <00 .0Cl C03:J: ... I~ ~~ w~ ~ M:J:~~Z"'''' M -" ..... 3 ~ <... . laJ M ~ 3 I l:\"<:t\ MO ZCl~~o'" Cle ,~ ~..J :~ o~e"'ZlaJ ... ..J 00I&.Z...3:H: u laJO .,UO MlaJ... laJ \ Cll&. W W -..J 0 ~:) fI2 Z l&.~laJ:laJell- 0 ~ j '....~ ;-i'n/ 7 A'#~ e ~ 0 Z ... Z ... ... fI2 laJ I -'-"/#.9. .,,, a:: < UH H~<Z ... ~P' J~"..:i' ... H ..J :J: ..J < HI&. Z -Cl <..J ... 0000 M , :J:laJ ..J~"'H..JU"'1l- ...~ 1l-:)~:IIlaJe laJ O. / OH Il-laJ ..J~"'ClZ ...~ oa:: laJ :II..J..J...laJHH e ~U :J:laJ laJezwe..J Cl:ll g~ " ~ "':J:laJ..J~HI&.~~ laJ~ J~ ~ ~laJ "':J:..J< laJ. zw ~ ~Cl Z ",<ll-laJM-", laJ'" :-..'/ ~ ~ 0 I&. a:: : r- ~ Z 10.1 ... e ,~ .~ ,'\." o...~ OCl<Cl... .<laJZ a:::II , ~ ~ ~H ~~~Il-~I&.O~U~ g..J ~ h~ ~ ~ ~::c OO\..JCl~OMlaJlaJa:: ~e ,'t, I~ \.. Z u ::c <Z ...:w ... to- N\ ~ " ~ :II.... ~ laJ < CllaJ -e...... a:: ~ .:II ,II , 0 ::c Cl - Z Z .:11 Z 0 < ..~ t\ f~ ~ ...:11 ~< .1&.0....:11 ClW 0 ~ ~ ~ ~ _I&. <1l-~O~..J~:;.l=u ~~ l\ ~ ~ ~ ~O - -o:c ~::r... Q Cl~ \., l. '\) ."\ ... ~......... _<_ ~laJM z... '<f j~ ~. \ 10.1 "'- 0 .:IIco<ze laJZ ~ ~ ~ ZZ ~ 003 OOM~ "'M I. ~ 0.... u~"'~c l&.O U..J >C '" ......J 000 ooO\e I&. laJlo.I ...a:: ..Jor-...", r-a::~0 ::c I ~ ~ ~ uw ~al .10.1- ... ....< laJ'" \. ~~ ~ 't . laJ ... CIl laJ co ::c Z Z :II ... ~ ., a CIlZ 1&.... I&.~Cl M Z I&. ~ W o<w 0....10.1 I&.M 00 ......- ~ ~- zu ..JuoO\a::uwOO... ~'" ~ ~ ....t.Ll ~1l-:~~>o:;:...1l- ...~ ~~ /. ~ ~ O~ zz~~~~~ ~~ zz ~~ '-.. ~... ~"""'laJlo.I~"'~~~ ~~ ~~y / ~ - UCl .-ZU....- a::.... 10.1 " ..J< W<....ZCIlClIo.l ~ CIl~ Q "'ClCl..Jw<zz...a:: << t.LlM CIla::.... ::claJ.......CIllaJ laJ:II QO:: tlJOO:-:..... :z:....Jwt. ....0 :auO Io.Iz:a Cll&. ~/7 A'~ :a..J ::c laJ..J 0 .-::c.... >0 t.Ll ... 0 J'p ../#.9/~ ..../. ... I&. 1;; ~ I&. ... ~ ... ~ :: ~ ~ ~ ~. _ ~;;'11 W - 0 CIl -...::.: Z III < x: --- LO Z<>OWU'" I&.CIlQ I&.Cl 1&.... "'LLlO 1&.0 :z 0.... ~ \ :z t.Ll -Z~..J"'O 1&.< a:: ~ ~ O~ ::ct.Ll0 IIlZ...O CIl " \: M 0 ... Cl 0 r- ....... x: - w... ~ 00 U <U~QOZClZ... ZCIl ~ z... .....J .....Il-.......OlaJ ....w I.: ~ 0 z::c <..J::c~< O~""laJ ..J:a ~~ H t.LlU ....u CIl<o... ~a:: .'.~ ... ~cC t.Ll>< - >oU... t.LlCl ~~\~ 0... t.Llt.Ll u t.Ll~I&.Ot.Ll..JIo.ICIl QZ ~\ H CIlal ZCIlal O...::ca::CIl ...< a: < t.Ll- ~ "'laJa::... CIl , U 1o.I~ ~Cl~Ut.Ll'" ...t.LlCll ... CIl ..J ~......JOZIo.IQCIl"'a:: t.LlCll LLl Z< OLLl<..J....t.LlZLLlZ.... =< II . Q <Il- ua::ll-al..JI&.<:a....1&. ...10.1 ..... . < 51-0. WIDE TRENCH . . .-EXISl: CHANNELl BASIN GRADE 4' X 121 X 4- CONC. PAD WI trx ~ WWF . A - a a a a . 1/2" X 1-1/2- BOLT 18. WI 1/2- NUT (TY~) 4. PVC TEL. 4- PVC TEL. I (BY OTHERS (BY OTHERS) I 1-518" FRP CHANNEL WI FRP U- CLAMPS AS PRODUCED BY AICKINSTRUT. INC. OR APPROVED EQUAL. SUBAQUEOUS TRE-NCH DET AIL . N.T.S. v'y ~~i,\'10 . I1BSJ POST, BUCKLEY. SCHUH a.IERNICAN,INC. .. 1 e- TRAN......ION AND SUBAQUEOUS WATER MA" FIG. NO. 4 ~ CITY OF DElRA Y BEACH i ..-.0 fIRODUCTIlNC. 7"- ~ f-( I:: (; t:] V ED ,.. ~ ~ UL; r , 1990 .. .-- , - Oept of Environmental Reg. ~..... - ,.. [' 0' Wffl Pe'~ gl'!eh ., I. '. \J ' I . ,- ~. ..' \ ,1. N.T.S . , , - >- ~ ffi I z ct w u E ATLANTIC 806 AVE. 0 u ... z ct -' .... < . VICINITY MAP N.T.S. ~~ J1BSJ POST. BUCKlEY. SCHUH &. JERNIGAN. INC. FIG. NO.1 \ 16- TRANSMISSION AND SUBAQUEOUS WATER MAIN ... .. = CITY OF DELRA Y BEACH 0 .. REPRO PRODUCTS INC, 7", -- l~ DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT. CORPS OF ENGINEERS P. O. BOX 4970 JACKSONVILLE. FLORIDA 32232.0019 REPlY TO February 1, 1989 - Al1'ENTION OF DEPARTMENT OF THE ARMY PERMIT GENERAL PERMIT SAJ-14 SUBAQUEOUS UTILITY AND TRANSMISSION LINES IN 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) and Section 404 of the Clean Water Act, general authori~ is hereby given to install and maintain subaqueous utili~ and transmission lines and asso- ciated backfill subject to the following conditions: SPECIAL CONDITIONS: - 1. The work herein authorized includes the installation and maintenance of subaqueous utili~ and transmission lines laid on or embedded in the bottom of navigable waters of the United States in the State of Florida. 2. No work shall be performed until the applicant submits satisfactory plans for the proposed structure and receives written authorization from the Oistrict Engineer. 3. No utili~ and/or transmission lines will be embedded in the bottom of State Class I or Class II waters or aquatic preserves. 4. Permits must be obtained from the State of Florida, Department of Environmental Regulation, for subaqueous utili~ and/or transmission lines involving structures and fill in the waters of the State. 5. All utility and/or transmission lines, cables, conduits, pipes, etc., authorized by this general permit must be installed a minimum of 6 feet below the authorized depth of any Federal channel it crosses. The 6-foot criteria applies to the entire authorized.width of the channel, plus a minimum of 25 feet outside the channel edges to allow for maintenance of the sideslopes (in all Florida counties west of Jefferson Coun~, the minimum clearance shall be 10 feet below the authorized channel depth or 4 feet below the mudline, whichever is greater). 6. Dredged or fill material placed as backfill or bedding for subaqueous utility and transmission lines must not change the preconstruc- tion bottom contours. Excess material must be removed to an upland disposal area. 7. The permittee will install signs at the shoreline to notify navigation of the location of subaqueous utility and transmission lines. 8. No work shall be performed until after notification of the owner(s) - or operator(s) of any marked utilities in the area of work. GP SAJ-14 9. When the work is completed, the permittee shall notify the District Engineer, attention Regulatory Division, Charting, at the letterhead address, and NOAA, C-322, Rockville, Maryland 20852. This notification will certify that the clearance of the line below water is as authorized. 10. 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 Loxahatchee River and its North Fork and that portion of the Myakka River from the northeasterly boundary of the Myakka River State Park, downstream to its confluence with Charlotte Harbor. These activities shall require an individual permit. 11. No registered property or properties listed as eligible for inclusion in the National Register of Historic Places may be affected. 12. This general permit will be valid until suspended or revoked by the issuance of public notice by the District Engineer. Reviews will be conducted to determine if continuance of the permit is in the public interest. 13. Conformance with the descriptions and criteria contained herein does not necessarily guarantee authorization under this general permit. 14. The permittee shall defend and hold the Government harmless from any and all claims by reason of the placement and installation of subaqueous utility and transmission lines authorized by this permit. 15. If the issuance of authorization under this permit is found or suspected of affecting any threatened or endangered species or could result in the destruction or adverse modification of critical habitat of such species, the activity will not be authorized by this general permit and an individual permit will be required. 16. The District Engineer reserves the right.to require that any request for authorization under this general permit be processed as an individual permit. 17. The permittee shall perform all work in accordance with the general conditions for permits. A list of general conditions is attached as Enclosure 1. 2 t . . GP SAJ-14 18. Activities authorized by this general permit which are located in cri tica 1 habi tat for the West Indian manatee, known or suspected manatee migration corridors, or manatee protection areas/zones, must comply with the standard conditions for the protection of manatees during construction periods. These conditions are attached as Enclosure 2. (PI) BY AUTHORITY OF THE SECRETARY OF THE ARMY: R ert L. Herndon Colonel, U.S. A~ District Engineer Enclosures 3 .. . , CESAJ,..RD . GENERAL PERr~IT . GENERAL CONDITIONS a. That all activities identified and authorized herein shall be con- sistent with the te~s and conditions of this perAit; and that any activi- ties not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this pennit, in whole or in part',' as set forth ~re specifically in General Condition j hereto, and in the institution of such legal proceedings as the United States Government ~y consider appropriate, whether or not this permit has been previously modified. suspended. or revoked in whole or in part. b. That all activities authorized herein shall, if they involve a discharge or deoosit into navigable waters or ocean waters, be at all times consistent with applicable water quality standards. effluent limitations and standards of performance. prohibitions. and pretreatment standards established pursuant to Sections 301, 302, 306. and 307 of the Federal Water . Pollution Control Act of 1972 (P.L. 92-500; 86 Stat. 816). or pursuant to applicable State and local law. c. That when the activity authorized herein involves a discharge or deposit of dredged or fill material into navigable waters, the authorized activity shall, if applicable water quality standards are revised or modified during the term of this Demit. be modified if necessary, to con- form with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality stan- dards. or as directed by an iMplementation plan contained in such revised or modified standards, or within such longer period of time as the District Engineer. in consultation with the Reqional Administrator of the. Environmental Protection Agency. may determine to be reasonable under the circumstances. d. That the permittee agrees to make every reasonable effort to prose- cute the construction or work authorized herein in a manner so as to mini- mize any adverse i~pact of the construction or work on fish, wildlife, and natural environmental values. e. That the perm1ttee(s} agree to prosecute the construction or work authorized herein in a manner so as to minimize any degradation of water QUillity. f. That the permittee shall permit the District Engineer or his authorized representative(s) or designee(s} to Make periodic inspections at any time deemed necessary in order to assure that the activity being per- formed under authority of this permit is in accordance with the terms and conditions prescribed herein. Inel 1 " . CESAJ-RD GENERAL PERMIT g. T~at the permittee shall maintain the structure or 'work authorized herein in good condition and in accordance with the plans and drawings that are aoproved. h. That this pe~it does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations, nor does it obviate the, , requirelltent to obtain State or local assent required by law for the activity authorized herein. i. That this permit does not aut~orize the interference with any existing or proposed Federal project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work aut~orized herein which may be caused b.v or result frol!1 existing or future operations undertaken by the United States in the public interest. j. That this oe~it may be either modified, suspended,or revoked in w~ole or in part if the Secretary of the Army or his authorized represen- . tative,determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. k. That in issuing approval to perform work under this permit the GoYer~nt has relied on the information and data which the permitte~ has provided in connection with his application. If, subsequent to the issuance, of approval, such information and data prove to be false, incomplete, or inaccurate, this permit may be modified, suspended, or revoked, in whole or in part andlor the Government may, in addition, institute appropriate legal proceedings. 1. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States. 1"1. That no attempt shall be made by the permittee to ~revent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this permit. n. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. o. That t~is permit does not auth~r;ze or approve the construction of particular structures, the authorization or approval of which may require authorization by the Conqress or other agencies of the Federal Government; 2 . . . CESAJ-RD G!NERAl PERMIT . p. That if and when ttte permittee desires to abandon the activity authorized herein, unless such abandoment is part of a transfer procedure by which the perrnrlttee is transferring his interests herein to a third party pursuant to General Condition s hereof, he must restore,the,areato a con- dition satisfactory to the District Engineer. q. Tttat, if the recording of this p~""ft is possible under applicable S ta tear 1 oca 1 1 aw, the ,pel"llli ttee shall take such actf on as lilY' benecessa"1' to record this pe""it with the Registrar of Deeds or other'appropriate,offt- c1al charged with ttte responsibiHty for matlVtainfng recoNt"of title to and interests in real property. · r. TI\at there shatl be no unreasonable 1nterferencew1th~naY1gat1on by~, tl\e exist~nce or use of tl\e activity ~uthor1zed'herefn~ s. Tttat authorization under this 'penlfitmaynot be transfeM"ld~,to-;1 third party without prior written notice to the District Engineer by the transferee's written agreement to cOl'1plyw1th:>allte"","and"~conditfons>"'of ') thi s penni t. In addition, if the'permitteeQtransfers?the~1nterests, . authorized herein by conveyance of realty, the'deed..,shall, referencevthh . pel"lllit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Registrar of Deeds or other. appropriate offfcial ff 1 aw permi ts. t. Ttte term "perriti ttee" 'means the party or parties authorfzed by the District Engfneer to acco~plfsh work under this general permft. . 3 . - . . . - Special Conditions . a. The permittee agrees that the contractor will instruct all personnel associated with construction of the facility of the presence of manatees and the need to avoid collisions with manatees. . (PI) b. The permi ttee agrees that all construction personnel will be advi sed that there are: civil and criminal penalties for harming, harassing, or leU Hng.'.manatee$' which are protected under the Endangered Species Act of:-1973 and the,.Marine Mammal Protection Act of. 1972. The ~rmi ttee , and/or contractor will be held responsible for any manatee harmed, harassed, or killed as a result of construction of the project. ( PI) c'. The permittee agrees that durinQ construction, any collision with a manatee shall be reported immedi ately on the manatee -lIhotl ine" (1-800-342-1821) and to the U.S. Fish and Wil dlffe Servi ce, Jacksonville; Endangered.Species~F1eld Station (904-791-2580). ( PI) d. The perm1:ttee~agrees that the contractor shall keep a log detaHing'sightings. collisions, or injury to manatees which have ." .;.. .... .~ , . occurred. duringl the' contract period... (PI) <. ~. , .. , ~:. ,. ; , e. The perm1ttee.'agrees,that following project completion, a report .,(" summarizing the above incidents and sightings will be submitted to . the Chief, Regulatory Division, Jacksonville District, Corps of' .. :'~\ Eng1 neers',~' (P ~O. ,. Box' 4970, Jacksonvi lle, FL 32232-0019) and to the U.S. Fish and'Wildlife'Sery1ce (3100 University Boulevard South, Suite 120 Jacksonville, Fl 32216-2732). ( PI) f. The permittee agrees that all vessels associated with the project construction will operate at IIno-wakell speeds at all times \'Ihile in water where the draft of the vessel provides less than a 3-foot clearance from the bottom and that vessels will follow routes of deep water to the extent possible. (P 1) Enclosure 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # .L. - MEETING OF APRIL 9 1991 AWARD OF BIDS AND CONTRACTS DATE: APRIL 3, 1991 This item is before you for award of the following bids and contracts: 1. Computer Equipment- City Attorney's Office- Nynex Business Center in the amount of $26,326 with funding from City Attorney's Office Equipment Other (Account No. 001-1611-514-60.89). Account balance $33,000. 2. Telephone Equipment- Environmental Services - Norstar in the amount of $24,983.30 with funding from Water and Sewer Buildings (Account No. 441-5161-536-60.31). Account balance $27,063. 3. Flow Monitors and Software- Environmental Services- March McBirney, Inc. in the amount of $34,245 with funding from Water and Sewer Repair and Replacement/Sewer Flow Measuring Device (Account No. 442-5178-536-64.08). Account balance $45,000. 4. Token Ring/Cables- Environmental Services- Microage Computer Centers in the amount of $11,529.72 with funding from Water and Sewer Repair and Replacement Computer Hardware/Software (Account No. 442-5178-536-64.09). Account balance $130,505. 5. Housing Rehabilitation - 507 S.W. 7th Avenue - MJD Construction Services in the amount of $17,000 with funding from Community Development Block Grant Program (Account No. 118-1963-554-60.23) . Account balance $131,216.62. 6. One (1) Ford Taurus Sedan (replaces two wrecked vehicles)- Police Department- Duval Motor Company in the amount of $10,714 with funding from Insurance Fund Property Claims (Account No. 551-1575-591-34.61}- balance $35,197) and Police Automotive (Account No. 001-2115-521-60.84/- balance $3,031). 7. Fire Hose- Fire Department- Snap-Tite Hose, Inc. in the amount of $11,000 with funding from Fire Department EMS/ Pumps and Hoses (Account No. 001-2315-526-60.88) . Account balance $15,000. Recommend approval of the award of bids and contracts as indicated above. . - Agenda Item No. : AGENDA REQUES?! Date: April 1. 1991 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: Description of agenda item (who, what, where, how much): Purchase Award - Computer Equipment for City Attorney's Office ORDlHAHCE/ RESOLUTIOB REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: AT.J:lrn 1"0 10T.J qllo1"e Nynex Business Center at a total cost of $7n,1?n. /~f!)-~ If Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Direc~ Rev~ew (required on a11 iteas invo1ving expenditure of funds j, ~ . :./'1 t1L "-- Fund:ng available: ~ NO Funding alternative . . . (if ~pp~ Account No. & DeS~iaBon: cor;:1tn -Sf Lt >(d)~ E"6'J1.l1- Account Balance:' \ City Manager Review: Approved for agenda, @ NO M Hold Until: . Agenda Coordinator Review: ~f51.ql ~S~ . Received: Action: Appro ed/Disapproved MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ Administrative Services FROM: Ted Glas, Purchasing Officer 1If~ DATE: April I, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 9, 1991 - PURCHASE AWARD - COMPUTER EQUIPMENT FOR CITY ATTORNEY Item Before City Commission: The City Commission is requested to award contract to Nynex Business Center for computer equipment at a total cost of $26,326. Per the Budget Office, funding is from: OOI-IC... -6111- "0.8' ( &A:tu' p . OthIV ) . Background: Funds for computer equipment for the City Attorne2's Office were allocated in the FY 90-91 budget. A total of $ ct)J~ was budgeted for this purchase. In order to expedite the purchase and installation of an IBM token ring network system to coincide with the City Attorney's move to his new office, competitive written quotations were solicited from six (6) vendors. A tabulation of quotations is attached for your review. The six (6) quotations were reviewed by the MIS Division, and they recommend purchase of the equipment from low quoter, Nynex Business Center. To assure delivery within 3 weeks, it is recommended that all this equipment be purchased from one vendor, and that multiple awards not be made. Recommendation: Staff recommends award to Nynex Business Center, at a total cost of $26,326. Funding as outlined above. Attachments: Tabulation of Quotations Recommendation from MIS pc Jeffrey Kurtz Richard Zuccaro 8.L.I. C~TY PJTORNEY'S OFFICE TEL No. 407 278 4755 Mar 08,91 '3: 57 p n) '., '11~".....I... .... .. 1itl,l.l'''', ,,'.. .. . '~'I .. '. .... , , [ITY DF DELRAY BEA[K~:~~ . ~~f!', ':~." ....-. " .,r 'lj. '''',,~;!''''l' ";,I'I":,"~I:..;"I~,'lf"IjJJ'".I..d.' CITY ATTORNEY'S OFFICE 310 S.B. 1st STREEl, SUiTE 4 . PFl.RA Y BEACH, HORIDA 33483 407/243-7090 . TELECOPIER 407/2784755 MEMORANDUM Date: March 7, 1991 TO: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: City Attorney's Office Computer System Purchase Our File #14-91.002 The City Attorney's Office is requesting approval of a new token ring network system to be fully operational upon our mov~ into our new office space. As you may recall Quring budget meetings, the current equipment was purchased in 1984 and 1s 1n serious need 0 f updat1ng. The Management Information Systems Department researched our needs and provided a proposal for review by Robert Henderson. In conjunction with Mr. Hender- son's recommendations in his strategic Plan Final Report to the City Commission of February 27, 1991, and which the MIS Depart- ment concurs, we request approval of the fo11ow1ng equipment: Required Hardware ~ PS/2 Model 8555-061 (4) $11,924.00' Network Cards (6) 3,564.00 Cables (6) 144.00 PS/2 Mouse (4) 260.00 2-8 Meg Memory Option (Server) -615.00 PS/2 Int. Tape B/U Unit (120MB) 552.00 2MB Upgrade for AT (2) 640.00 Multi Access Un1t 598.00 Modem for Access to Westlaw 550.00 uninterrupted Power Supply ME500VA 4.5 amp + ERT 500 1,000.00 Laser Printer 4019 1,412.00 Dedicated Server: PS/2 Model 8565-121 4,166.00 Network Card 591.00 Cable 24.00 Mouse 63.00 Total Hardware Costs 26,103.00 CJTY ATTORNEY'S OFFICE TEL ~jo. 407 278 4755 Mar 08,91 9:58 P.03 . Memo to City Commission March 7, 1991 page 2 Required Software Cost OS/2 Land server Vl.3 666.00 OS/2 Extended Edition Vl.3 517.00 Network Courier 695.00 PS/2 Int. Tape B/U S/W 63.00 DOS 4.01 (5) 510.00 Displaywrlte v upgrades (6) 570.00 Total Software Costs 3,021.00 Total Hardware/Software Costs 29,124.00 The total approved budget figures tor our computer purchases was $29,024.00. The basic changes from what we had budgeted, in addition to the dedicated Berver, waB the pu.rchase of an additional printer 1n these figures to acconunodate the layout of our new facility and the deletion of an optical Bcanner. Based on Mr. Henderson's recommendations, we choBe to delay our purchase of this optical scanner and will possIbly make a budget request for next fiscal year for same. For the remainder of this fiscal year we will be able to use the scanner the MIS Department has and will continue to price them accordingly. Funding for the remaining $100 will come from say ings we experienced on the purchase 0 f the set of Florida Jurisprudence books. Should you have any questions regarding this purchase, please do not hesitate to contact me. JSK: j~ , i Memorandum To: Ted Glas, Purchasing Officer From: Richard Zuccaro, MIS Officer ~ Date: April 2, 1991 Subject: City Attorney Network I have reviewed the quotes, submitted by vendors, for the equipment for the City Attorney's LAN as per the hardware and software requirements I submitted on March 14, 1991- The list of requirements also indicated the items that must be IBM equipment in order to insure the integrity of the Token Ring Network, meet technical requirements, and qualify for IBM technical support. It appears that only three vendors of the six vendors that submitted quotes were able to supply all of the necessary equipment, as requested. Packaging, or bundling usually encourages better prices (volume purchase) , and also simplifies the selection process. Purchasing all of the equipment from one vendor insures prices as quoted (volume pr ice) , timely delivery of all items and facilitates the administration of the acquisition and receiving process. Of the three vendors, submitting quotes for all items, Nynex $26,325, Microage $26,344.99 and Caber $26,442.20, with equivalent equipment, Nynex is the lowest. All three vendors quoted two to three weeks delivery time. Based on the quotes submitted I recommend that the City award the purchase of the computer equipment, for the City Attorney's LAN, to Nynex at $26,325. tg-sum I , ..... ~ ..c 00 -...J 0'- c.q .p (..-.l t,) ... Z~ :P o IT! ro .3: J: (fl :P J: AI IT! - - .... c.q '-J c.q I\) UI ~ 0 0 IT! ~ ~ -; IT! IT! IT! IT! IT! IT! IT! IT! IT! 1> < 1> 1> 1> 1> 1> 1> .1> 1> 1> AI D Z IT! C 0 0 Z:tI:.......... Z~~r::tt..... 3r::tt3...,1\) 3 r::tt...,..... Z1>..... Z~1>.... Z~1>.... Z..... ~ ..... ~ o ~J::l ::l O...,...!IIr::tt OAlO lD I 0 AllDrr oa.r::tt 0..., a. rr 0"" a. r::tt Orr tnoor::tt IT! ..cUlrT 0l\)n3 01>a.1II(]) 0 1> !II 3 !II 3: o III 3 o !lJ 3: 3 C c.q 3: tJ)..crTlD tnllSl:>::" fTlZlDrT IT! ZrT tn1J tn,1J (fl,1J (fl ttl c.q :# C"'III' C 3:C-o rO....c:3: r OC:-o CrT~ C rT~ C rT~ COO tn c.q " CD r::tt ....::1 r::tt3r::tt"O tn .. .. , lD .. .. ., en r::ttIllO ttl...,1II0 ttlrTilIQ ttlc.q ~Itn .p tJ) -Ill tJ)O , 0'-1Il1O III , tnl:r, tnolA tn~'"17 tJ)... ....lSl' t..) ~ - ~a.Anl\) I I UI I I N -i III -iC.....1T! ~O IT! ~ c.q -i 0'- ~.J ..... ^ ..... III ...0 I I -#3 I I # .....n:J .....,1>Z .... -+'Z .... C... 0 -; ... ~ -i....rT::J.... I \ U11ll \ I 003: -illl -i ~1>1ll -4("') -;-3: ITi C rTlII C < :J I I ~J 3 I I '-JO ctrAl CUI""AI C-;lllAl CO IT! 0 UJ -; "0 -i 0'- -+.. rT I I ...0 I I '-JC -I ..... .... ~ c.q ID ..... ~ . rT .... ~- roO'-a. n n IT! roID IT!U10 ID I I (,l1 I I lSlill fTlID::J fTl - III Z IT!\lICZ IT! 0 SID ::rJ ..... (fl OO-'Al I I -::" .....# I I 1 a. I I (.-4 l'T 0 rT -...JrT ::I (fl 0 -; C t-J I:.q -i t: -O~ ::I#;r (,.,l ~ ... >< Z 1 C -NIII -0.... ISlO I'D .... 0 0'-0 rT 0 ID"O (])"O tnID 1 ...., -...J, 0 ::rJ lSlI'D ..... I ::<:" 0'-1:..-1 A ^ , z NAI c.q I~.,j IT! ... - ... .... < rTl ~I 0'- , UJ I .p I n I 0 3: -n C: -; rr! ::rJ rr! E H -0 3: rr! Z ~~~ !j ~ __- r;;-'91r ;JIt ~ 2~ -; w -c:. 1\:.1-1 ~ -~i \).II.>> \J -- i~ ~~ ~ ~ r- Ot , -<-, . -~ " ~ i ~ ~ lJt C --..l. I cot e ~ e, c c ~8 * d . 0 ~8 ~ c- a . 0 N c C 0 ~ Ci c 8 ~ c 0 ( ;c. U'\ _\3'\ ~ N ~~~ t~ S""tlUlEi' Vi .... ..c:.. "-' _tJ N-l\ -~ ~~ "-l Uf -.1\ ..c. ~ U/ -.J.l:.. .(')I>q -..l - ~ ~.3U/~ I ~~ :Sa- ~g 8 1;1', ~~ C1 . \S'" --l::.. 8 ..J ; ...t:. ~ Ul VI.......) l::>..c. ~U) . i1'l t G<;) i ~ .,... "\ "\ ~ ~ 8 I 0 V\ i ~ ~N ~~ I N tr-- -~ wt w S"" UJ Ult ....w ~ ..... lJ"..t\ .c. 0 ~ .... e--. "" ~~ o "I""l WC>() to' c- ~. I -:--8 t -t . \ ~ . 0 . ~ 8 00 e 8 8 0 c I ~ 8 c:, 0 0 0 B I 0 r ~l'.J ::;J ~w h <jJ S\ -('oj ~~ ~ ~~ b.J CI 6'::' IJ.> \JI 0::. S::t:. (5"-.)ol NN I:l"\ (l() ~~:) ~ oJ ~,.... N' -.)l -...) .Q .- G ~ '" ~ 13 ,.) 3:;ii\ ;:~ :-I.)l ~~ 4):t\ UJ . ~~ ~ N .,!IOq ..j I .c (" '('- \ oq ~ ~ 00 11~ O'l 0 (" 1/1 - t ....... - ~ ~-.... ~ ~ ~ ~!1~ i-. ~ ~ "- Vol ~ -~ \:. IIQ ~ ~ ~ Ur ~ ~ ~ ~ '-.:) ~ ~ ~ ~~~; h !'\ ~ ~,~ ~ () C ~ ~ . . ,<. C ~ ~~ ~ . . .. ~~ ~ -\..) _ Vol I ~ f~ ~H\Q "- ~t ~~I o~ 0\) ...... w ~ ~~ 0) ~ 'b ~ '- ~ ~~~ ~ vt ~i ~ ~ ~ ~ ~ "'~ - ~~ ~~ ? ~~ ~ c:. . . --Q ~~ ~ .:.... ~ ~o.. ~ - ~ Q ~ "-> 0 ~ - ~ ' ~ '" I - - , - - - - - - - -l '-.I 0- ! UI ~ lA N i - 19 Z-l D OI'Tl ttI .3: (I) i :I: N I'Tl - - - - - ~.J - 0 rn I'Tl -l -l I'Tl I'Tl I'Tl I'Tl I'Tl \'T1 I'Tl -< D D D D D D D D n 0 Z Z.... ::tttl~C_ 3:ttlt:DN 3:ttlO-+-D3: Z~..... -l OOJttI - 3:ttI-20:3: ::tttl CC z#+.r Ottl o"a.:JttI 0,,1,R-l:3: gAl 3: C -l III l~ :3: Z O"NIlIO 0" :J . O~OIll :3: o DO.... :3: ODlIl .ttI I'TlD ttI:J . 3 (1)0- 0 C -l ODSUla. OD .... " 19'00 (I) I'TlZI1l..... I'TlZa.Ul rZ n l/l 0 Cl~-o I'Tl I'Tl 0 I'TlZS.....1lI I'Tl Z (I) :J . (1)_ III cr r OI,R ::t ro 3: 0-+-..... , ttll(I) (I) 0 -l rO'....3 rOt:.....(I) C"O!1o.... ttlllI .. .. ~t: .. .. 0 -+- III .... J'D..... "< u:;-, n . D .. .. ~J III .. .. 1J III . ttI 0' (l)Ul I I :J3:.... I I :J I1l 3 I I !II 0 ISl -l t'J ~.) " r I I ~~-+- I I 1J , Ul o -0 -llll I I OD..... I I III 0 I I .....:J, C -- - i I 19 0 I I ...., -l < !II -, I I .....C.... I I -+-....., I I t: _'0 -l~3: -0 :I: , I &0" I I -< C - 11l1J -l I I ~I,R I I IlIC-< : I '"'\ D NoO C 0 -l D , I -< I I 1J -I I1l c" I I .... ..... I I !10 '"'\ I III a. '"'\ -I-a. - " I I 0' !10 I I ..... C r, -I, I I :J III I I .....Ill I'Tl I I !10 ::t!1o rn ~.J III 0 0'";\1 I !10 0 n I I III -I III 1'Tl.... I I n ..... I I !:: x II #1Jttla. U)s~ Z ~r I I !:: ;<; n I I 0' I'Tl Ul -I Ul:J I I .... .... I I , #1J I I OJ..... III 3: a. ..... III I I .... Ul III '"'\ ..... I I t: 0 I I III '-.I. I, o-lD3:Ul ttlo- "~I I O-Ul I I ID , III III I I a. :J I I OJ I I lA i !:: l~ rn, I I III Ul I I -< i I , ID I I # f..'~ ^ I I l~ .... -+- n C: , ..... I I " " I I D I I OJ lA .... I I ~..... 0 I ill ..... I I 0 i# # I I ::r n I I 0- ..... I l ............, O~ 0 ~ .... ..0 ~ 0 n (,~ ..... ....., Ul~ ID :J lq 19 !:: III lqO+' ::r -I.... , .......0 - Ul Ul 0 III ISl ..0 .... Ul O'i , :J ITl 00 ZIt I\) ~~ ~~- $ - ~~ ~ ~~ - ~t: UJ . :~~ .c ~~ ~ "VI & ~ ' r~ UJ w - ~~i- l'-> 2- t~ ..... II ~ ~,... '"\ :-....: - ~ ~ ~ ,,~ IJl. ~ lot ~ "10 c. 0 e ~ . ~ ~ , ;C:. L 8 t1'\ ~ ci, - l\. c (;) c " ~ 'I ~ I, ~ I t 01> (), 0 " c... ~f~ ~ I - t~~ w~.c::~ i~ ~ \Ai g:t> N ~~ e-- .t:. ~ ~c; .,J.,J N 5:- - t' ~ ~~~ ~c \ ~ ~~~ \3 ~ -~ . \J" ~ . . ....:.0 c:;- 0.,,) a-- ' 0 0\ u.l I f" .... ~ 'f. OQ.c. ~ IOClt'l I 8 -- i ..... , 0 ""/1 I " I ...... , ~ ,l I ! $ - ~ ",tv ~ \JJ ~~ ~~; - -~\ " U\...J ~~ , ~ r ~ IJ..l ~ N~ ~~ -...l C ' ~ ~ J'i 6 01 8 c 8 : c ~ ! c 0 b , I I N \ '"go ~ I ~f'!6, -I ~~I 1 ~ W-'t 5; ~ vJ 3 U\ ..c.! - "'" ~'"~ 5 - - ~ ~ ' 8~!:' i -' l ~\ N ~ l~~ I l~~ ~ ~ ; c ,,~ 8 I rt' u.l ... (' 0<) ~I ~~1~ i ~ "', i (j · ~ ~ - ~ I ~ ~ 'i-', I ^ ~ '!' I ! I ~--... ~ ~-~;lb~ I ~ ~ WW I c. ~ "~,"ha~ vt' ~ ~~ ~ !1 t~ [ o.....~ ()'-, "- Z: '-.; ~ ~: . ~ I ~ I ~ ~ ~ c I ~ ~ . ~ i ~ t\ ~~~i~~~' ~ !:> ~~ ~ ~ . . I ~ i >< ~ ""..:t, ! 0 l' \ i ... I ~ I ~ i -- ---. - ?It ,~ I ~ ~ ~ i U) ~f '- ~ 'i Q... W i "' ~ N '~~ ~ ~ ~ ~ ~ ~I lb ~ ~~~ "" ~ ~ , " t) ~ ~ ~; ~ ~~ 1:; ~ 1QQ ~ ts~() I ~ 't, tI\ . . I ~ ~~~ . 1: ~~ \ !1t~. . . ~ {' ~ ~- ~ 0... I o 0 tI\ ~ i -- I '" \ tV .... ... .... -j tV "J 19 ..0 lD Z-j D 10 .... OfTl 00 . 3 D 00 00 r 0 ::r ( r 'TI fTl ... ... ... -j fTl (i) 00 ~ D -j :::u 'oJ -l:> fTl fTl fTl 0 D -j D D D D 'TI :::u -< (j Z fTl fTl -j fTl 0 0 D D ~ Z D -j -j ;xl .... 0 300 crz z<o Z....O fTl Z -j O:::u -< 1I) Oll)OO 00000 C D OD rt" ., ..... 3..... 0 fTl .... r ZCO 3000 fTlZ....(j~ 00. ~J 00 "J Z " 00 0-0"" o:::uo rO:lOO C C (i)lfl ODOO ....n:r-, OO"'fTl 00 - (4 0 I 00 :::u 1J fTlZ J J . lfl A 00' X 00 !II fTl -j CD..... rO-l:> I I I t: -j1Art" -j :l ... (I) 0 1J:l0!ll .. .. . I I 3 n .... 1I) .... ..... n -j 00 fTl-< I I 19 I J 1I) 0 -jCl":l -j 00 t.J :::u D -jOO~ J I .... I I 1 t: C-< a. C 1I) = .... r .... ., I I I I 1 -j 1I) -j 1 -0 -j ..... I I I I 00 ,... fTl....a. fTl < 0 -j (I) C IT I I I J o III (l)1J:l (I) III .... .... 0 -j III I J J I +>1 3fTl 1 (J') 0 'TI fTl I I I J rt" 0.. ;:<:: z t -j (I) r..q I I I I ~ ..... < IT'. ~ J J J I !II rt" 1I) -j D I J 1 ,... i -j :::u I I III 0 fTl fTl :J .... en n fA 0 00 -j ~ ~~ ~ I!' ~\? t~ ..... N f~ ~'l C (:) C- O b t) I ! ~ ~ ~!~ ~~ ~ ;-tI ~ 11\ . C ~ Cl i jf~nr~~ tr {j toJ lS'"i ",:: 1; U'I -J ~~ !irl' Ii(J ~f'oll ~~ ~*I ~ ~ ~ w .~ - 0() ~~~: ~ ~~ c C ~ i ~ Co e c: (;; , CJ 0 ok; (.) \ l t . I I , I . I ~ I ~ , 1 ~ 3 J ~ gJf ~ i -' ~ <>\ @~ ~o k~-l:: I UJ Q - i - ~ ~ w ~~ i ~ IV 1"'':.tI cr . IT, J: . ,-." - ; .c::. '_,.J !,...;:~ ()) ~ -~:t) ~ l"o(lll~V\ ! E .,.> I - .-.-- " --r-~ '- --, : ~ ~ ~ ~ ~ V) C ~--.&;).I ~ t ~ ~ ~. ~ ts ~ ~ . . ~: ~ -...0 ~ t) x:;. 0. ~\ ~ ~~ ~ i1 <11' ~~ ~ ~ ~~ ti1 ~ > ~ . , l Bob, 3/8/91 The hardware/software costs are the same as defined in the MIS proposal (attached) with the following exception: They eliminated the purchase of Lotus for the Network ($ 2,361) They added the cost for a Laser Printer $ 1,412 ($ 949) Net difference Cost Summary MIS proposal $ 26,016 plus dedicated server option $ 4,057 Total MIS Proposal $ 30,073 less cost of Lotus $ (2,361) Plus the cost for Laser Printer $ 1,412 Cost as reflected in City Attorney's memo $ 29,124 .. a:tty nf btIrny ilttu:1J ~ity Attorney's Q}ffttt 14llrul Ar.rn Nrtwnrk 1Jnuunry lIt 1991 Revision II - 3/27/91 City Attorney's Office LAN Project Contents . Local Area Network Layout Schematic . Current Hardware/Software Disposition . Purpose and Cost Breakdown . Future Enhancements . Implementation Schedule and Responsibility . Implementation Time Frame . Project Cost Summary mis caautl City of Delray Beach City Attorney's Office Local Area Network Layout City Attorney (Jeff Kurtz) IBM PC/AT -5170 Manae Westlaw Ass't City Attorney (Susan Ruby) Network Courier ffiM PC/AT -5170 DisplayWrite 5 Manae Network Courier DisplayWrite 5 D Ass't City Attorney (David Tolces) PS/2 Model 55SX Manae Legal Sec. II (Cathy Inglese) co Network Courier PS/2 Model 55SX DisplayWrite 5 Manae Network Courier DisplayWrite 5 co Legal Secretary I (Sue Hudson) ~ DornaiD c.QJlIJ:Oller ~S/2 Model 55SX PS/2 Model 65 (8565-121) anae Manae Network Courier Network Courier DisplayWrite5 DisplayWrite 5 S/2 Extended Edition 1.3 OS/2 Lan Server 1.3 ~ /D Para~al ~Joanna Weaver) PS/2 ode 55SX ffiM Quielwriler III ~ Manae ~ .. Network Courier DisplayWrite 5 4019 Laser Printer IBM PC/XT -5160 I! 11 g Dial 3X : Westlaw Date .lanuarv 18. 1991 Systern/38 City Attorney's Office Token Ring Network Estimated Hardware/Software Cost Breakdown Purpose To expand the current network capability, improve performance and provide the ability to interactively share information in a more effective and productive manner. Required Hardware Cost PS/2 Model 8555-061 (3) $ 8,943 Network Cards (6) $ 3,564 Cables (6) $ 144 PS/2 Mouse (4) $ 260 2-8 Meg Memory Option (Server) $ 615 PS/2 Int. Tape B/U Unit (120MB) $ 552 PS/2 Model 8565-121 $ 4,166 2MB Upgrade for AT (2) $ 640 MAU $ 598 Modem for Access to West law $ 550 UPS (File Server) ME500VA 4.5 amp + ERT 500 $ 1,000 Total Hardware Costs $ 21,032 Required Software Cost Lotus Version 2.2 (6) $ 2,160 OS/2 Land Server V1.3 $ 666 OS/2 Extended Edition V1.3 $ 517 Network Courier $ 695 PS/2 Int. Tape B/U S/W $ 63 DOS 4.01 (4) $ 408 Displaywrite V Upgrades (5) $ 475 Total Software Costs $ 4,984 Total Hardware/Software Costs $ 26,016 Optional Dedicated Server PS/2 Model 55SX (8555-061) $ 2,981 Network Card 591 Cable 24 Mouse 63 Lotus V 2.2 Node 201 DOS V 4.01 102 Diaplaywrite V Upgrade 95 -------- Total Dedicated Server Option $ 4,057 mis caaut2 city Attorney's Office Current Hardware/Software Disposition Current Hardware Used in New Configuration IBM 4019 laser Printer YES IBM Quietwriter Printer YES PC/AT - 5170 (Jo W.) YES PC/AT - 5170 (Susan H.) YES PC 5150 W/Hard Drive (Susan R.) NO PC 5150 W/Hard Drive (Jeff C.) NO PC 5150 W/Hard Drive (David) NO PC-XT 5160 (Cathy) YES As stand Alone w/Emulation IBM 6747 Wheelwriter Printer YES Hewlett Packard Printer YES Current Software Used/Discarded/Upgraded West law Used on City Attorney's WS Displaywrite 4 Version 1.0 Upgraded to DW 5 Version 1.0 - All WS MANAC (Lan Version) Used on all Workstations PC LAN Ver 1.0 Discarded Lotus 2.01 Currently only on Laptop rois caaut3 City Attorney's Office Future Enhancements . Fiber Optic optics to City Hall . Scanner w/optical Character Recognition Software . Office Visions (Replacing Network Courier ) . West law - Network Version mis caaut4 City Attorney's Office Token Ring Network Implementation Schedule A. Define Components & Requirements Task Responsibility status 1. Develop layout for new site CA Completed 2. Define Type I Cable (Additional Drops) MIS Completed 3. Get cabling proposal from UCS MIS/UCS 4. Identify current hardware/software MIS Completed 5. Define current and future use CA/MIS Completed (Identify users and software) B. Cabling MIS/UCS C. Design MIS/IBM Design E. S. Token Ring Network Completed D. Design Review MIS/CA 1. Review proposed Token Ring Expansion MIS/IBM/CA Completed with City Attorney's Office. 2. Approval on City Attorneys LAN Plan CA Completed 3. Order additional hardware/software MIS/IBM 4. Enroll Network Administrator in NW Admin. Training Completed E. Installation MIS/IBM/CA 1. Receive additional hardware/software as defined MIS in Design. Test and prepare for Installation 2. Install Token Ring Network MIS 3. Train Token Ring Administrator and Users MIS/IBM 4. Install Stand-alone Terminal for Access to Sys/38 MIS 5. Enroll users in PS/38 and provide training and MIS access to specific applications 6. Sign-off - acceptance CA F. Implementation MIS/CA 1. Turn over Token Ring Administration to Technical Admin. MIS 2. Begin Token Ring support CA mls caaut5 City Attorney's Office LAN Network Implementatiom Completed = C Estimated Time Frame January 18, 1991 --------- Fiscal 90 - 91 ------------------- OCT NOV DEC JAN FEB MAR APR May June Relocate & Upgrade City Attorney X--------------X Token Ring Network X---------X Design X Review Design X Commission Approval X Order Hardware/Software X Building Renovation X---------X Receive Hardware/Software X Install/Train X Implement X Access to Sys/38 X--- X Install Stand-alone Terminal X S/38 Training X Enroll Users X mis caaut6 . City Attorney's Office LAN Project Cost Summary Total Hardware Costs $ 21,032 Total Software Costs $ 4,984 Total Hardware/Software Costs $ 26,016 * Note - The above costs do not include computer cabling modifications or telephone installation. Optional Costs Fiber Optics from City Hall to City Attorney Building (660 ft.) $ 14,753 Fibermux Magnum Fx4400 $ 660 Power Supply CC4421/110 $ 484 Logic & optic CC4411LST $ 1,364 Token Ring CC475T $ 1,763 Fiber Hardware $ 4,271 Dedicated Server Option $ 4,057 Total Optional Costs $ 23,081 mis caaut7 I . . ii . 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 sole source procurement of a Norstar telephone system to S. Swinton Avenue. Fund in source . ORDINANCE/ RESOLUTION REQUIRED: XESV' NO Draft Attached: ~/NO Recommendation: Staff recommends a roval of the Norstar telephone system to serV1ce t e nV1ronmenta . .... Swinton Avenue. Department Head Signature: ~-1'J}~-~ J e 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: 6:S! NO Funding alternatives: (if applicable) Account No. & Description: 44/ -Slh/- S?k (/L) -31 r;.:u II D/tJ6~ Account Balance: 2-1,(;t8 (PENDIN6 ApPROVAL OF UPDATfO W!5 B(}I)("'I[TON ~/Uf",0 City Manager Review: Approved for agenda~~~ ~ Hold Until: ~ Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM ~ David T. Harden./ City Manager ~. William H. Greenwood Dir. of Environmental Services SUBJECT: AGENDA REQUEST- MARCH 26, 1991 DATE: March 20, 1991 Request City Commission to approve sole source procurement of a Norstar telephone system to service the Environmental Services Department. Management Information Systems Department has standardized and installed this telephone system in the Fire Department and the Water Treatment Plant. We are requesting approval to expand this telephone system to the existing Environmental Services Department personnel at 434 South Swinton Ave. The estimated cost of this expanded system will be $24,983.30 including peripherals. H. Greenwood WHG/gm cc: File; Memos to city Manager File; a:wgagenda 8-l.2 MEMORANDUM TO: .,Fr ank Deering ,._:",TechnicaISupport}):Admin,. FROM: Amanda Allen, '~ommunic:~~'~~s/s;s:ems ;~aine~ DATE: March 19th, 1991 SUBJECT: PROPOSAL FOR ADD-ON TO NORTHSTAR As per our conversation today on the telephone, I have attached an additional copy of the proposal that you should have used to prepare your agenda request to the Commission. The only other pricing that I still need to get back to you with, is for the external cabling which Mr. Greenwood stated that we did not need to include on the agenda. As you know, we still need to determine which will be the best route to take in order to get the cabling from the Administration building to the Water Treatment Plant before I can give you any proposal for the cabling. Therefore, I see no reason why we should not proceed with getting the Commission's approval to purchase the addition to the Northstar. attachment cc: Richard Zuccaro, M.l.S. Officer Robert A. Barcinski, Asst., City Manager William Greenwood, Director of Environmental Services -=------------- lRR1~1~\fW fi1~L~ 0 ~ d1 ~~ - j'" !' i \ l J " .F! l.:"~.'~ ~ 'l'l r/') ,"":' ,/ . Yc !".", '.' . . . ..1 CITY OF DELRAY BEACH NORSTAR ADD-ON- ENVIRONMENTAL SERVICES MARCH 8, 1991 CONFIGURATION: MODULAR NORSTAR EXPANSION (GROWTH TO 44 X 72) ADD 43 ESSX LINES ADD 43 TELEPHONE SETS: (36) 8-BUTTON SETS (M7208) (6) FEATURE SETS (M7310) (6) BLF ADD-ONS (1) CONSOLE (M7324) (1) 48 STATION BLF ELECTRICAL DAMAGE REPAIR GUARANTEE INSTALLATION WIRING PROVIDED BY OWNER SHIPPING PRICE: $ 20,543.00 (EXCLUDING APPLICABLE TAXES) PERIPHERALS: 4 HR UPS - $ 4440.30 MEMORANDUM TO: David T. Harden, City Manager FROM: William H. Greenwood, Director~J~ Environmental Services Amanda Allen, Communications Systems Trainer DATE: March 22, 1991 SUBJECT: PROPOSED AGENDA ITEM - NORSTAR TELEPHONE SYSTEM I have had the opportunity to meet with Amanda Allen on March 21, 1991 pertaining to your questions on the proposed Norstar Telephone System. Answers to your questions are as follows: 1. What is wrong with our current system? Present telephone system is composed of forty-six (46) separate individual lines without a switchboard which will allow the receptionist to monitor status of all lines. We have received severe citizen complaints that the telephone line is busy, no one answers the telephone, the telephone disconnects, etc. 2. Why do we need 36 eight button sets? This represents the minimum number of buttons furnished with the very basic telephone. 3. Why do we need six (6) feature sets? What is a B. L. F. add on? This feature sets work with the B.L.F. (Busy Lamp Field) so the administrative support staff will know what telephones are busy. 4. Why do we need a console? All telephone calls come to a receptionist located in the Water Treatment Plant. At present she is answering five separate lines and is unable to know whether an extension is in use or the employee is away from their desk because she does not have a switchboard. 5. Why do we need an M.P.S.? When we have a power outage or surge the telephone system disconnects all circuits and is inoperable. 6 . Other factors to be considered. A. The existing telephone system has forty-six (46) separate lines, which will be reduced to thirty (30) or less. Estimated minimum annual savings is $6,000+. B. The existing system requires our administrative support staff to play telephone tag. A normal situation is as follows: Telephone call comes in, receptionist transfers call, employee doesn't answer, call transfers after three (3) rings to another telephone and if busy the caller receives a busy signal with requires the caller to redial telephone number. This situation irritates our residents. C. Existing telephone equipment is unreliable. Approximately one-third of the telephones are replaced monthly and must be sent back to factory for repair. D. Proposed telephone system has zoned paging which will be a major asset to locate employees within four (4 ) separate buildings at the Environmental Services Complex. Amanda Allen and I will be available to answer any additional questions. Attached is a booklet on the proposed Norstar Telephone System for your review. WG: j af Attachment cc: Robert Barcinski, Assistant City Manager Richard Zuccaro, M. 1. S. Officer Amanda Allen, Communications Systems Trainer Sandra Mills, Administrative Assistant III WGNSTR File: Memo to City Manager I if . Agenda Item No.: AGENDA REQUEST Date: March 25, 1991 Request to be placed on:' Consent XX ~l:1'3:ttr Agenda Special Agenda Workshop Agenda When: April 9, 1991 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of this award to the lowest responsive/responsible bidder - March McBirney, Inc. in the amount of $34,245.00. ~. Department Head Signature: ~ ~ tfJtJ:3t /~/~~..--.::-/ 31z:/r! 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/XIIXX Funding alternatives: (if applicable) Account No. & DeS5}~tion: 442-5178-536-64.08 5t:::\\\ER FL.Ow It1 ~ASURI~ D(;:.Vlce Account Balance: ,C[f) City Manager Review: Approved for agenda: (!9/ NO n0 Hold Until: Agenda Coordinator Review: if d q I . Received: Action: Approved/Disapproved \ ~- ( r' ,-= j, ~: '-' MEMORANDUM I ( MAR 2 ,. " , TO: David T. Harden, City Manager THROUG~ Robert A. Barcinski, Assistant City Manager! Administrative Services FROM: Ted Glas, Purchasing Officer ~~ DATE: March 29, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 9, 1991 - BID AWARD - BID #91-39 FLOWMONITORS AND SOFTWARE Item Before City Commission: The City Commission is requested to award contract to low responsive bidder, Marsh McBirney, Inc. at a cost of $34,245. plus shipping. Per the Budget Office, funding is from: 442. 5"I'-S3f. -1Dff.'Os. ( 61.W~ PLOw MCA6lMI.Nq !)b.e. ) . Background: Funds were allocated in the FY 90-91 Water & Sewer Budget for flowmonitors and software. A total of $ t,.S', 000 was budgeted for this purchase. Bids for this item were received on March 6, 1991 from two (2) vendors, all in accordance with City purchasing procedures. (Bid #91-39. 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, Marsh McBirney, Inc. The lowest price was offered by AMJ Equipment Corp. Their equipment does not meet City specifications, per attached memo from Environmental Services. Recommendation: Staff recommends award to the low responsive bidder, Marsh McBirney, Inc. at a cost of $34,245. plus shipping - not to exceed $200. Funding as outlined above. Attachments: Tabulation of Bids Recommendation from Environmental Services pc William Greenwood g.L.3 CITY OF DELRAY BEACH MARCH 06, 1991 TABULATION OF BIDS BID '91-39 FLOWMONITORS AND SOFTWARE 1-- VENDOR AMJ Equipment Marsh McBirney Maegher Corp. Sierra Corp. Inc. d/b/a Tempaco Instruments ------------------ ----- --- -------- FURNISH ONE (1) I SOFTWARE SYSTEM l $1,135.00 $ 995.00 LUMP SUM ------- ------------ ------- FURNISH SEVEN (7) $3,659.93 / $4,750.00 / FLOWMONlTORS $25,619.50 $33,250.00 ----------------- ------ TOTAL BID PRICE I $26,754.50 * $34,245.00 * No Bid No Bid --------- I ISCO Software: Marsh-McBirney BRAND / Flowlink; ISCO Model 260-32k Flowmeter; 3230 NB flowmeters & PC- MODEL . Portaflume PF6 Ware T-50 software (includes 1 ea. interface cable) DELIVERY TIME 30 calendar days 30 to 45 AFTER RECEIPT OF P.O. calendar days WARRANTY I Full one-year One year parts and labor * includes i-day * Please note our COMMENTS / software training bid does not in- EXCEPTIONS clude SS mounting Bands. FOB Manufacturing Plant Frt not to exceed $200.00 I I " CITY OF OElRAY BEACH MARCH 06, 1991 TABULATION OF BIOS BID '91-39 flOWMONITORS AND SOFTWARE r Fischer - VENDOR Universal Flow Teledyne Lewis & Assoc. -1 Porter Monitors Inc. Hastings-Raydist Inc. FURNISH ONE (1")- I --- -- SOFTWARE SYSTEM l LUMP SUM -- ----------------- FURNISH SEVEN (7) FlOWMONITORS ------ TOTAL BID PRICE No Bid No Bid No Bid No Bid BRAND / MODEL . Del IVERY TIME AFTER RECEIPT OF P.O. WARRANTY COMMENTS ! EXCEPTIONS I I I , , . MEMORANDUM TO: Jackie Rooney, Bid Specialist THRU: William H. Greenwood, Director Environmental Services Ernest A. Kaeufer, Assistant Director Environmental Services FROM: Al Monteleone, Superintenden-t Water/Sewer Network SUBJECT: FLOW MONITOR AND SOFTWARE BID * 91-39 DATE: March 11, 1991 After previewing the tabulation of bids and evaluating all the information received by the venders. I am recommending we award the bid to Marsh McBirney, Inc. for a total cost of $34,245.00 for seven (7) units. Marsh McBirney is not the low bidder, however, they meet all of our specifications. A.M.J. Equipment Corp. is the low bidder, their product Isco, does not meet all of our specifications. See 1.3-Ve- locity/Level Sensor. Isco depends on a bubbler system to operate. We specifically stated that a Bubbler Depth Transducer shall not be acceptable. Even after an inspection of their equipment, we still want the Marsh McBirney equipment. We feel that it is a better product. Funding for this equipment is in account number 442-5178-536-64.08 $45,000.00. ~ Al Monteleone AM: jaf cc: W. Greenwood, Director, Environmental Services E. Kaeufer, Assistant Director, Environmental Services AMSWGR12 File: Memo to Purchasing , The reason for not using the "bubbler depth transducer" is that it relies on an internal air compressor vs the electromagnetic. Also, the bubble tube may become fouled from sewage. Technical Specifications Cont. ...... electronics shall have the capability of self diagnostics with running total self system checks (one time daily and with every data cycle) logging any errors. Electronics with sensor and battery shall weigh no more than ( 15 1 bs. ) fifteen pounds. 1 .3 VELOCITY/LEVEL SENSOR The electromagnetic velocity/level sensor is polyurethane encapsulated in a single housing exposed to flow. The senscr shall be shaped to have minimum effect on fluid dynamics and shed the type of debris found in sanitary sewers. The level portion of the sensing probe shall be of the direct immersion piezo resistive type. The depth transducer shall interface with the fluid through a permanently gel filled port which is immune to fouling by silt, sludge, bacterial growth and not be affected by velocity changes, surface .foam or air bubbles. The depth transducer sha 11 measure level from 0" to 138" in depth. Accuracy shall be at least ~O.5% of reading, tQ.25% over 200C and minimum hysteresis. Over range protection shall be a minimum of two (2) times full scale. Bubbler depth transducers shall not be acceptable. ~ The velocity portion of the sensing probe sha 11 be electromagnetic. The velocity sensor must not be affected by temperature, density or percent (% ) solids. The velocity transducer shall measure velocity from -20 fps to +20 fps with an accuracy of ~2% of reading, plus zero stability (zero stability +0.,5 fps). - 1 .4 SENSOR PROBE CABLE The sensor cable is 30 feet of multi-conductor, abrasive resistant, polyurethane jacketed cable flexible to -40.F. The sensor cable shall be permanently bonded to the sensor. DATA MANAGEMENT SOFTWARE ~ 2.0 GENERAL The Data Management software wi 11 be menu driven to allow for ,easy set-up and data processing. The software shall include set-up. read, and report functions accomplished using any MS/DOS compatible computer. The computer must have a minimum of 640K memory to run the porgram software and have an RS232/Serial communication port. The software sha 11 be supported by any MS/DOS versions 2.0 through 4.01. The software shall have two sectons Read and Report. 6 - Agenda Item No. : AGENDA REQUEST Date: M,qrC'h ?'l, lqql Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: April 9, 1991 Description of agenda item (who, what, where, how much): Purchase Award - TokPTI R;n~ Adapt~rR and Cables ORDIHABCB/ RESOLUTIOB REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Microage Computer Centers via City of Tampa Contract - Bill #2jQJfr"bi-a1 cost Of, mll,529.72 Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): ~ Budget Director Review (required on all ite.s involving expenditure of funds): Funding available: ~ NO Funding alternatives: ~if trRl~ Account No. & DesfriP~: $11.- S(I<6-$~.llA-- (!O I bvJM2fj Account Balance: ~, ~~N~ City Manager Review: Approved for agenda:~/ NO rJ/v1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager THROUGH~Obert A. Barcinski, Assistant City Manager/ dministrative Services FROM: Ted Glas, Purchasing Officer ~~~ DATE: March 25, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 9, 1991 - PURCHASE AWARD - TOKEN RING ADAPTERS AND CABLES Item Before City Commission: The City Commission is requested to award purchase of adapters and cables to Microage Computer Centers at a total cost of $11,529.72. Per the Budget Office, funding jS from: "1. $"" t-S3&. - (.ff-O" ( CD~PUTUt ......~a ~T'W~.u ). Background: Funds were allocated in the FY 90-91 budget to purchase computer equipment for the Environmental Services Department. A total of $ was budgeted for this purchase. Computer equipment is available via City of Tampa, Florida Bid #10-1-030190, per attached documentation, and price worksheet. Recommendation: It is recommended these items be awarded to Microage Computer Centers at a total cost of $11,529.72 via City of Tampa contract. Funding as outlined above. Attachments: Price Worksheet Documentation on Tampa Contract pc Richard Zuccaro William Greenwood 8.l.Lt- G -I f'o;-\:#=: ~ , I!'\~\ tt: ~ ~ - tt ' -l ~ loG ~ ~ 0 I -U In <: ]" ~ o l> fT1 -..j w fT1 I J: 10 fT1 I...IT1 C -l:1.l r ~ u............ \.)J UJ 191z Z ))00 l>:1.l - ()', " . niL.. 1 -: 0 Q C -! r l> <: Tcir I~lli~ .......~:u 1m 11> 0 ..l...... m Z fT1 1 ,......,....... ~. (:-...'.J .... 1 r;:J:l 'J> tn "lJ -f ;1::' 1 -.c. ~'"lJ I Z -; (,'),..., ~ :T.I -< -< 1 "... -i I C m -: ..... ..... R ~ .~ H I 3:""D ..... ITl n 1 ~- , 0 1 r::::: rn 00 ITI rr; f ~, ~C"-, Z 1 m~, X:Z -r , ~ &'..... I::::J rJ) '-' (~~ I 0 :;"'7 .I" 1,." " I ~ ~ - 1"'J 1'........ L.. ,'.' C 1\ , ~l ~ ~ _~ b ~ ~ ~w Hrrl'\ ;::r Ci' ""< ~ i. ~1 ~ ~ ~ r tr,'r-4" . I (\.. rr:, I . '(.::I.. ! .~. "~ ~' ~ ~ i~ - ~ 9-J ~~. ~ L.) tl<.: . \:1 -f.:: ~ '::::J ~ ~ ~ ,',' ~,.l\ ~~ ;\ ~~ Z ~ ' Yi~ ("~ !') \Y ~ ~ ,~~~ J ~ f~ e ~. -; ~ ;:; ~ I > ~, , (j: , , ,r ~ H :-( -~ ~ ~ \-- .........~ -! ~ , ~ ~ m ~' ~~ \~\ (", ~ ~ ," .~l;'1 ~ a !- . (J.) ~ ' ';' ~ (! . --JU\ ~ ~ ~ ~ o v ~ ~ ~(>x ~ ~ ('.l. ~ \' \ '- ~ * .......\ 0 \\)\ ~ ::-- D ~ \ N ~~ ~ ~ ~ ~ ~ ~ I U OJ ~ ~ ~L (\f\ \:: --t) " \; ~. ~. ~ 6 6 .K ~ ~ ~w "'. ~ Vv '-- "-.I v 6~ \ ~ \- Z ~ ~ ~ ~ 0 ....Q I C) ) CITY OF TAMPA Sandra W. Freedman. Mayor PUHCHASING DEPAHTMENT Sue II1IIlsl)('rg('r. Directur /'I11IY 'I, /110 I /J7iC~(}lJfi-E C,),'ni~iEg s&c Ib',;)i FO;:<Uln ?L,1C~ tvEST P.'1Lm BEI/Cll, FL .s3Lf.?/ , SUBJECT: Bid Number: /0 -1- 0 '-?o i '/0 Opening Date: ..5 /IS /c;o . \ Commodity: iii./)] ,#J/CJf:o c~.",.tttE.i<5 Per Resolution No. 7(). 07(;,), , passed and adopted by the City Council of the City of Tampa, Florida on /hAr :s. 1?7o , your bid has been accepted on referenced materials. The Award period is from /hAY 1<;, /'1,/0 through /)'J,'1Y /7. 1'/)"/ , and may be extended at the same price(s), terms and conditions, if mutually agreeable to both parties, for ONE additional J Elj 1~ period (s) . We are attaching a copy of the authorizing Resolution for your records. All orders will be placed by Purchase Order. If you should have any questions, please feel free to call me at (813) 223-8832. Sincerely, (JJ. ?J&t/z ;;ie~~~ M. Blake Leonard xc: contract file I >I'h I~(K". City Hall .:lI5 E. Kennedy Hlv<l. . Tampa. Florl<la :i:i<;<" . >l1:lI'.I2:I->I:151 I . "'"~;{" ':"" ..... ." " . , ...<~~. ," .~' .;~;. .-~~:'" ::;,'~':;'-.~.~~ ;~'~'<'..~":." -..~< - ~" w~; ~~~t~~.:.>7~'';~!r~~~:~'-''~:;i'?-?;~~r~t:':;;7:':;';;'>'' . ...l1iilt~) '9.+.:s.'T'UE ~a 12,8 '1'1 (C R:.ci',A GE ~ . . MicroAgee - Computer Centers ,...... -. ---. - ' - -~ -, --'" -'-. Ms. Janice Slazyk, Buyer City of O.lray Beach 100 NW First ~venue Delray Beach, FL 33444 Dear Ms. Slazyk: In response to your request, please find enclosed a price quotation for IBM equipment based on the contract MicroAge has with the city of Tampa. MicroAge 1s pleased to announce that the City of Tampa contract has been extended for an additional year. The new e~plration date is May 19, 1992. Please see the enclosed resolution for your reoords. Of course, we will be extending the provisions of this contract to your agency as well as other eligible agencies for the additional period. The formal announcement to all agencies that are now using the Tampa contract prices will be sent with the next revision of the price quide. In the meantime, please do not forget that MicroAqe in West Palm Beach is a1.0 able to supply equ ipment by other manufacturers, espocial1y Apple, compaq, Hewlett/Packard, Epson, Okidata, Panasonic and Intel. We are also able to provide laser cartridges, ribbon$, cables and most major software packages. Thank you for the opportunity to quote on your computer needs. ~erelY' ~/ " ~v.tv{ t.di.,.;(-dt- d arc! H. Gu t er Go~ernment Sales Coordinator ~ i . , Agenda Item No. : AGENDA REQUEST Date: 3/25/91 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: APRIL 9, 1991 XXX CONSENT AGENDA Description of item (who, what, where, how much): CASE # ADDRESS GRANT AMOUNT 89-029HR 507 SOUTHWEST 7TH AVENUE $17,000.00 . . ~ (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING REHABILITATION GRANT AWAR'DM AND CONTRACT AWARD. FROM Ar.r.mTN'T' NIJMRER llR-lQfi1-'1'14-fiO 71, r.RAN'T' TNCTTmF~ CONTINGENCY. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). .J Department Head Signature: ~~ ~ ~ t City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): tj../.(~~~ 'fIt Funding available: YES/ NO I Funding alternatives: (if applicable) Account No. &' Description: 7!t../fJ. p~~,p - ,;h/~r,'"J! J!:..i6--J Account Balance: 1// ~ I) ~!t, . c.;1. . City Manager Review: Approved for agenda: @/ NO~ Hold Until: ' Agenda Coordinator Review: I Received: cf 4(01 (/t{J Placed on Agenda: Action: Approved/Disapproved . MEMORANDUM TO: David T. Harden, City Manager THROUG~RObert A. Barcinski, Assistant City Manager/ Administrative Services #)f FROM: Ted Glas, Purchasing Officer DATE: April 1, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING APRIL 9, 1991 - BID AWARD - BID #91-44 HOUSING REHABILITATION PROGRAM Item Before City Commission: The City Commission is requested to award contract to low bidder, MJD Construction Services, at a cost of $17,000. Per the Budget Office, funding is ~rom: ~/f~J' .-s:ttl.tJ ( e.oAl4l'1' .L },.uJ ) . . . /Ini~/ ~ ~.;~. ;t Background: The Community Development Division handles and processes their formal bids on housing rehabilitation. Purchasing's review of Bid #91-44 finds it to be in compliance with City purchasing procedures. Property Contractor Amount 507 SW 7th Avenue MJD Construction Services $17,000. Recommendation: Staff recommends award to low bidder, MJD Construction Services, at a total cost of $17,000. Funding as outlined above. Attachments: Memorandum from Community Development Bid Information Sheets pc Lula Butler 8.L.5 M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT, COORDINATOR J::fte THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT DATE: MARCH 25, 1991 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES HOUSING REHABILITATION GRANT AWARDS According to the City of Delray Beach, Community Development Division's approved Statement of Policies and Procedures, we are hereby requesting City Commission approval of one ( 1 ) Housing Rehabilitation Grant Award. The grant amount is based on the actual cost of the rehabilitation as determined by the low bidder, plus a 5% contingency. The contingency may be used for change orders. All unused funds will remain with the Housing Rehabilitation grant program. Inspection of work will be done by the City's Building and Inspection Department and the Community Development Division. Rehabilitation contracts will be awarded to the low bidder. Contracts will be executed between the building contractor and the property owner. The City remains the agent and this office will monitor all work performed by the contractor and will ensure compliance according to specifications and program guidelines. Pay Request forms will require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case file are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. Housing Rehab Grant Awards are requested for the following: Case# Address Grant Amount 89-029HR 507 S.W. 7TH AVE. $17,000.00 HR2 H , CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 91-~ APPLICANT: ANNIE PEARL BELL APPLICATION #: 89-029HR PROJECT ADDRESS: 507 SOUTHWEST 7TH AVENUE DATE OF BID LETTERS: MARCH 11, 1 991 DATE OF BID OPENING: MARCH 21, 1991 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ 17,525.00 B & JR CONSTRUCTION $ CSB CONSTRUCTION, INC. $ 21,390.00 G. R. E. r. CONSTRUCTION $ HENRY L. HAYWOOD $ HMP BUILDERS, INC. $ INTERCONTINENTAL CONSTRUCTION CORP $ M. A. S. C. 0 . $ MJD CONSTRUCTION SERVICES $ 16,989.00 MSL CONSTRUCTION, INC. $ PHILLIP GARY PURR C/O GAMZO, INC. $ T. H. Y. CONSTRUCTION, INC. $ IN - HOUSE ESTIMATE: $ 16,125.00 CONTRACTOR AWARDED CONTRACT: MJD CONTRUCTION SERVICES BID/CONTRACT AMOUNT: $ 16.989.00 COMMENTS: LOW BID BIDFORM/PGl Agenda Item No. : AGENDA REQUEST Date: 4/2/91 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: A,pril 9.1991 Description of agenda item (who, what, where, how much): Purchase Award - One (1) Ford Taurus Sedan for Police Department ORDIIllABCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Duval Motor Company at a total cost of $10,714. via Florida State Contract , :~ t4 /t~#r /" I , Department Head Signature: Determinat~on 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: ~SlS"- s.qt i=643if (j:;tzOP€RT'I (l_LA-IlV\~~~ lq7 Account Balance: OOJ-~/lc;- 521.bO-UlAUTOMOT\ Vy City Manager Review: ~l.c() Approved for agenda: &y NO M Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ..."'t .." \!"'-.l_-<~- MEMORANDUM TO: David T. Harden, City Manager THROU~Robert A. Barcinski, Assistant City Manager! Administrative Services FROM: Ted Glas, Purchasing Officer ~~ DATE: April 2, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 9, 1991 - PURCHASE AWARD - MID-SIZE SEDAN FOR POLICE DEPARTMENT Item Before City Commission: The City Commission is requested to award purchase of one (1) Ford Taurus sedan to Duval Motor Company, at a total cost of $10,714. Per the Bnyet Office,/funding is from: SS'-IS1S'. A' -3~C.' ~1'CII.T'f (c....,.~~ ~S'.1'1 00'* "illS'. $"2' - w... (. uTO,..." .. S#OSI.OO I Background: A requisition has been received for one (1) mid-size sedan, for the replacement of two (2) wrecked patrol cars. Per attached memo from Risk Manager, the Police Department has a property claim credit of $9,963. which can be applied toward the purchase of another vehicle. Mid-size sedans (Ford Taurus) are available via Florida State Contract, per attached contract work sheet. The Fleet Manager has reviewed and approved this purchase. Recommendation: Staff recommends award of one (1) Ford Taurus sedan to Duval Motor Company, at a total cost of $10,714. via Florida State contract. Funding as stated above. Attachments: Memorandum from Risk Manager Contract Work Sheet pc John Elliott Lee Graham g'L.t. ... ......--- ,':" I~'-C' .".-.-.- .'. .' ,....,;.,."" '" ~ .,,';t' ",,~..., .. ^, !....;.;:,..~., t ."', ~"""M,(,"';,,1f '.' . .."r::"mv'DF IIUAY BfAEH . '0':>_.' 100 N.W. ht AVENUE OElRAV BEACH, FLORIDA 33444 4071243-7000 ( I 1: M E M 0 RAN 0 U M Ii TO: William H. Cochrane, Major, Delray Beach Police Department '.) il FROM : Lee R. Graham, Risk Manager 1: t! Ii DATE: March 18, 1991 II SUBJECT : Police Department Credits for Payment of Totally Wrecked Patrol Cars Conf1rmi.n9 our recent discussion, Risk Management is carrying a credit to the Police Department for reimbursement of two totally wrecked patrol cars. This credit can be applied to the purchase of a new car by itemizing that portion of the new car purchase price to the property claims account '551-1575-591- 34 . 61- The credit is for $9,963.00 and is determined in the following manner: '. . . '". . . " ", 1. Unit '804 (OJ!rcir"IJisrt! accident of 2/5/91) 1988 Dodge totally' wrecked with an appraised value of $3,533.00 less $200.00 deductible = $3,333.00 2. Unit '905 (Officer Batista accident of 2/23/91) 1989 Ford totally wrecked with an appraised value of $6,830.00 less $200.00 deductible = $6,630.00 Total Credits $9,963.00 Copies of appraisals attached. Please keep me informed of any replacement ;;is- ~G/rc Attachments THE EFFORT ALWAYS MATTERS " I ," STATE OF FLORIDA Contract 1070-200-310 (27-A Sedan) Page 092 Large Mid-Size Vehicle. 4 DR SDN Dealer: Duval Motor Company. Jacksonville Made & Model: Ford Taurus Base Price $10.714.00 Options: None Total Unit Price: $10.714.00 " - Agenda Item No. : AGENDA REQUEST Date: April 4, 1991 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: APT; 1 <L ] 991 Description of agenda item (who, what, where, how much): Purchase Award - Fire Hose, via City of St. Petersburg Bid #2235. ORDIHARCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Snap-Tite Hose, Inc. at a total delivered cost of $11,000. via City of St. Petersburg Bid #2235. 1M lXYtJ# Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involvinq expenditure of funds), t l~';.u., ti/'/ Fund ng available: ~ NO Funding alternatives: (if applicable) Account No. & DeSJf.iption: "'.4 ~{. FA')5 / I'~~r I' ~ Account Balance: Ifl/;I)() I City Manager Review: Approved for agenda: 6J NO t1H Hold Until: Agenda Coordinator Review: 1 \ 4( q I b>1l . Received: Action: Appro;ed/Disapproved " M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~ministrative Services FRO . ( Ted Glas, Purchasing Officer 1/)7 DATE: April 4, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 9, 1991 - PURCHASE AWARD - FIRE HOSE Item Before City Commission: The City Commission is requested of fire hose to Snap-Tite Hose, Inc., at $11 , 000. Per he Budget Office, funding is ( , ... ~ Background: Funds were allocated in the Fire Department FY 90-91 budget to purchase fire hose. A total of $15,000. was budgeted for pumps and hoses. Fire hose is available via City of St. Petersburg Bid 2235, per attached documentation. The Assistant Fire Chief has reviewed this bid and recommends award for fire hose. Recommendation: Staff recommends award of fire hose purchase to Snap-Tite Hose, Inc. , at a cost of $11,000. , via City of St. Petersburg Bid #2235. Funding as outlined above. Attachments: Documentation on City of St. Petersburg Bid pc Chief Koen &l.1 EIT' DF DELRA' BEA[H FIRE DEPARTMENT M__~_J.~L~_R~liJLY M TO: TED GLAS, PURCHASING OFFICER FROM: M. B. WIGDERSON, ASSISTANT FIRE CHIEF DATE: MARCH 19, 1991 SUBJECT: PURCHASE OF 5 INCH FIRE HOSE The Fire Department would like to purchase 20 lengths of 5" large diameter fire hose. There are three brands of fire hose on the market, Angus, National and Snap-Tite. From our past experiences and research we have found that the Snap-Tite Dura--Light TPX large diameter hose bes.t met our requirements of ...,eight, durability and most important, maximum storage in mtnimum space, due to the limited hose bed space availabl.e for transport. (See attached sheet) It. is my recommendation that we .tag the City of St. Petersburg B:i.d #2235, so that we may purchase directly from the manufacturer, Snap-Tite Hose, Inc. 'I'he unit price is $5.50 per foot or $550.00 per 100' length for a total of $11,000.00 Unit price per foot......... .$5.50 Price per 100' length....... .$550.00 Total price for 20 lengths.. .$11,000.00 If you concur wi t:h this recommendation , the money for this purc:hasf:~ is in Category 001-2315-526-60-88. If I can be of further assistance to you please ca.ll me. 7/r(j. tJtj~f'1N-- M. B. Wigderson Assistant Fire Chief MBW/mmh FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444 407/243-7400. FAX 407/ 265-4660 '" MAR 19 '91 11:56 390 P02 SAINT PETERSBURG CITY COUNCIL Meeting of August 3,.1989 TO: MAYOR AND COUNCIL SUBJECT: Awarding contracts to Biscayne Fire and Safety, Snap-Tite Hose, Inc. , and Ten-8 Fire Equipment for fire hose, nozzles, and parts for the Fire Department at an estimated cost of $18,725. EXPLANATION: The purchasing Department received seven bids on behalf of the pinellas County Cooperative purchasing Program. This hose will be used for fire training fire fighting procedures and will be replacing hose that is approximately ten to fifteen years old. The Purchasing Department, in cooperation with the Pinel1as County Cooperative Purchasing Program participants, has reviewed the bids and recommends for award: 8iscayne Fire and Safety.....................(est) $10,696.00 Double jacket Hose, 1-1/2" x 100 FT 500 FT @ $1 . 32/~.T Hose, 1-3/4" x 100 FT 5,000 FT @ 1. 46/FT Hose, 3" x 100 FT 1,000 FT @ 2.72/fT Snap-Tit& Hose...............................(est) $4,429.00 single jacket Hose, 1-1/2" x SO FT 100 FT @ $2.36/FT Hose, 1-3/4" x 50 FT 500 FT @ 2.50/FT HO se , 2-1/2" x 50 FT 200 FT @ 2. 92/~'T \ Hose, 3" x 100 f'T 300 FT @ 3.12/FT Hose, 5" x 100 FT 500 E'T @ 5.S0/FT Ten-8-Fire Equipment......................... (est) $3,600.00 Miscellaneous nozzles and parts Biscayne Fire and Safety, Snap-Tite Hose, Inc., and Ten-a Fire equipment have met the specifications, terms, and conditions of aid No. 2235, dated May 10, 1989. They have done business ~ith the City in the past and have performed 5atisfac~orily. An a~ard is not recommended to Safety Tech, the apparent low bidder on double jacket hose, because they failed to meet the specifi- cat.ions. The specifications required adhesion bet~een the backing and jacket. Safety Tech did not meet this requirement. Dur i ng the test the backing pulled apart from t.he jacket. ,... --- cont.inued on next page MAR 19 '91 11:56 390 P03 An award is not recommended to Biscayne Fire and Safety, the apparent low bidder on single jacket hose because their prices are only firm for six months. rrhe bid required firm prices for the contract per lod. The total estimated value of the cooperative agreement . 15 $107,215.85. The amount shown above represents the City of St. Petersburg's estimated usage. These contracts ~ill be effective from date of award through June 30, 1991. Attached for your review is the bid tabulation and a price history. COST/FUNDING/ASSESSMENT INFORMATION: Funds are available in the Fire Department Suppression budget, Account '15/0301. City Manager - ATTACHMENTS: Bid Tabul at ion Price History COUNCIL ACTION: ~ ~ :- Agenda No. --- FOLLOW-UP: .~ ~_..-...---- MAR 19 '91 11:57 390 P04 340-64 .1M HCGIl!I) M::llZLI!lS .tD Ie. 2235 ~y, JUte 6, 1989 "illC.~ Fire , Snap-T 1 till It;).., tn::. safety Safety Equipnent 217 Titusville Rd. 2633 South Park M. 6507 N. Harney M. Uni<<l City, PA &l1aMale, PL TilIlIp8, PI. 'l'el::1'lllS: Tem.1 "'mun DellCription . Quantity ---- 1. Roller, !lre tlose, 5" SEA 141.00/ 705.00 179.00/ 895.00 170.001 850.00 2. wrench,S" wi th lDCWlti 1'19 br acklll t SEPt 60.001 300.00 58. SO/ ~2.50 so. 001 250.00 3. ao.e, 1-112" It 50 fT 500 rr 0361 {.180~ 2.24/1,120.00 2.~1 1,270.00 4. It:)~. 1-3/4" x 50 "' 5.000 n' (2:~"u: SOO.oo:;, 2.39/11.950.00 2.78/l3,900.00 5. tbE. 2-1/2" lC 50 !'1' 200 'E"t ~2/~~ 2.85/ 570.00 3.30/ 660.00 6. tI:)_. 3" lC 100 PT j. 12/l0, 920.09) caupltd 3,500 !"l' 3.14/10.990.00 3.54/12,390.00 7. HotIe, S. x 100 " 8,500 rr ~50/46,750.~ 4. 93/U,90S. 00 5.90/50,150.00 ~21 ~ 2.76/1,380.00 8. Ib~, 1-1./2" Ie 100 F'1' 500 n' - 658.~ 9. Ho_, 1-3/4" II 100 n' 5,000 rr -- ~461 7,320~ 1.561 7.800.00 10. Ib.e, 3" x 100 rr ~21 2:,!8.00~ uncoupled 1,000 "' - 3.0!)! 3,050.00 11. )b.~1e, 1-1/2" 3. - 497.00/ 1,491.00 -- l.2. Nozzle, 1-3/4" 4FA - 308.50/1,234.00 440.00/1,760.00 U. Nozzle, Pyrolit:e 30Q - 316.00/ 9.480.00 420.00/12.600.00 14. No.de, Turbojet chrCll\E! 5E'A _.- 323.001 1,615.00 425.00/ 2,125.00 15. Nozzle, 2-1/2" 15 PA -- 265.00/ 3,975.00 320.001 4,800.00 16. Adapter, swiv.1 SFA 164.001 820.00 99.001 495.00 92.001 460.00 1.1. Idapt:u, 2~y ball valve SD. 664.001 3,320.00 653.00/ 3,26S.00 650.00/ 3,250.00 18. Idapt<<", $Wive! qate ,,-lye SQ 637.001 3,185.00 646.001 3,230.00 510.00/2,550.00 --- - 'l'OTM. $72,939.00 $1.03,203.50 $1.19,U5.00 -......- .......... ---.---.... '1'Ol'AL J\WAH) c!60,684:oQ) QiO.l.56.oi) !!!.<;~ KIS'OORY , of Increose ~ri~ion !.lli .ill!. lJ.!! or (Oecrease) Single jaeket: 1-3/4" hose 2.4Sm 2.S5/l!'J' 1.25m (51\) 3" he_ 3.00/fT 3.181n' 3.12/Pl' (2\) S" tlo_ 4.89jP1' 5.61/ft 5.SO/PT (2\) ... --- Pue 2 ," 03/15/91 16=23 'a'814 438 8163 SNAP- T I TE U. C. ~~~ DELRAY BCH FIRE @ 002/005 \\ECEPJ i~, I -~ ., ~ ~.. ~~U G ',.-:' ""~ CITV OF ST. PETERSBURG NOTICE OF AWARD FOR TERM CONTRACT August: 8, 1989 Snap-'rite Hose, Inc. 217 Titusville Road Union Ci ty, PA 16438 1\ttn: Bill Patt:erson SUBJEC'!' : 340-64-69 Fire Hose, Nozzles and Parts Contract Number: 340-64-89-1 1Iil"~_, da ted May 10, 1989 Dear Sir/Madam: We are pleased to award you a contract for fire hose, nozzles and par~s. ~-:..~ will be affective from AU9ust 3, 1989 through .... '- -, "::> The estimaled Lotal value of this agreement . , .00 As items are needed, the City will release purchase orders against this agreement. If you have any que~tions, please contact Ralph Mosgrove, purchasing Manager, Or Linda Marckese, PPB, senior Buyer, at (813) 893-7224. Louis Moore, CPPO Director, Purchasing and Materials Management LM/kjh Attachments t" --- TERM2 '" MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ/1I( SUBJECT: AGENDA ITEM # qA - MEETING OF APRIL 9 , 1991 ACCEPTANCE OF REPORT OF APPEALABLE LAND USE ITEMS DATE: APRIL 3 J 1991 This item is before you for acceptance of the report of decisions made by the various development related boards during the period March 26th through April 8th. The following actions were considered during this reporting period: Site Plan Review and Appearance Board: -Approved repainting of building facade and roof for International House of Pancakes. -Approved changes to the elevation plans for Payless Store (Delray Town Center). -Approved request for site plan approval, landscape and building elevations for a Hess Gasoline Station to be located on the east side of Military Trail. -Approved a minor modification, landscape and building elevations, for the Delray Mall to accommodate a movie theater. Historic Preservation Board: -Approved a variance request for the Reiske property to allow a 2.65 foot building encroachment within the side yard setback. The Planning and Zoning Board will hold a special public hearing on Comprehensive Plan Amendment 91-1 on Monday, April 8, 1991. Information in this regard will be forwarded to the Commission as separate agenda items. ~- ',/ A C I T Y COM MIS S ION DOCUMENTATION TO: ~~ HARDEN, CITY MANAGER ,-0~~o~ THRU: DAVID J. KOVACS, DIRECTOR ~PARTMEN~NNING AND ZONING (201)\.. ^ FROM: JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF APRIL 9, 1991 REPORT OF APPEALABLE LAND USE ITEMS MARCH 26,1991 THRU APRIL 8, 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 26, 1991, through April 8, 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 26, 1991 thru April 8, 1991 Page 2 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MARCH 27, 1991: lo Approved by a vote of 7 to 0, the repainting of the building facade and roof for the International House of Pancakes, at 1010 N.E. 5th Avenue 2. Approved by a vote of 7 to 0, changes to the elevation plans (change of building materials) for the Payless Store at the Delray Town Center located at the northeast intersection of Linton Boulevard and Military Trail. 3. Approved by a vote of 6 to 0 (Marsh abstaining), a request for site plan approval for the Hess Gasoline Station located on the east side of Military Trail, north of Atlantic Avenue. Concurrently, the Board approved the landscape and building elevation plans. 4. Approved by a vote of 6 to 0, a minor modification to the Delray Mall, located at the northwest intersection of Linton Boulevard and U.s. Highway No. lo The modification involves the addition of a Movie Theatre which will occupy existing retail space as well as expand into existing parking to the rear (i.e. Dixie Highway) ; replacing the parking spaces eliminated by the building expansion; and the addition of 1,650 sq. ft. to the proposed outbuilding at the southeast corner of the site. Concurrently, the Board approved the landscape and building elevation plans. No other appealable items. HISTORIC PRESERVATION BOARD SPECIAL MEETING OF APRIL 3, 1991: lo Approved variance Request (Reiske) from Section 4.3.4(K) of the Land Development Regulations to allow a 2.65' building encroachment within the side yard setback. This variance accommodates an existing structure. PLANNING AND ZONING BOARD SPECIAL MEETING OF APRIL 8, 1991: The items scheduled for consideration by the Planning and Zoning Board (Comprehensive Plan Amendment 91-1) will be forwarded to the City Commission as separate agenda items. City Commission Documentation Report of Appealable Land Use Items March 26, 1991 thru April 8, 1991 Page 3 RECOMMENDED ACTION: By motion, receive and file this report. Attachments: Location Maps JA/#53/CCACT.TXT " J W' ,- U t ~~ I .'.. .. ""'.. II ,'-:::::-:::::: . .." '. . ' f'~'" 8,jTTi '..i~tfi ., 'I ;I'I~ ~ 'n:;r-Frn~i-J~:t 4 fJ I ~ - "'3". ;>oral t==:!!\1 ~'.jr' It'14L 'uJUt~;-{~f! It.' ~, ~' 'l~. r 'C" Jel A ... AL..(N Av"..,'f 11' .. , ~ ~ ~I '= ?J' ~ J~:: "".~ ~---,i ~ .' r DC f .,. l' 1 ~~ c 11 (!. He ~/7TN ~T-,,~" ;~'l-fjJ ~1~-~:-';~=€J.~'['I~{",\:lr'~;~+I+I+.:F/~"~ II il ~ ~n ,.1,~I:o nlrz ~r;;:u~~ ,~ FtT:j ~::i}!It.fJfl~PJf.flt[E~l~.. ~ . ~ II "W -; , '1 . ,I lS1' L'1~. ::"L ~ ,~~. .. ...';:$, I I<OYAL PALU ~:. vo . - ~r 4 _ /' ~ ~'I ~ ,,-;.:.....: .u '" u ," 1>, f.f~. F:. . ..,.. 'r" Q 2 .~ 1 ' 91 I II i ..." ~ C ':6TN . 5" "'~: ~ J+.....~ "'lr;g'''"-r~ J:tttLt~" lUJJi~~~ :.., ~ ' ~ .'..." I",' J ....~J ~...~ r~".' ~ J ,~ .. J .. . ~~~ ..-::-....:~ 51 ~.j5 ~ ~ liR';,d ~")~ [ 5 'I.,. . 1- l ~ '''~ l 5' , s;::;': ~ _ >---"'" .,;', r. A.' _ _.. .. i('~ ,~ ~f:'ff' l' I 10 . r t ' I I -.!!' I, 10 5 ~ J I . _..' e . JA ~ - AI' ~ __ , . . _" . . J' - .;:<.. 4, Iv "7 ~.. '1 I) , ,. II ~~-, ";,,.. "..ttJ~,,;a. --;;;- I = ~ ' .... "'N"H" "," ,/f", ~ +Ft.J!1J ~ .~. .~ .~ .J!.' ,.!I~ ~~ -!:.;ci'I tjR~ c. t~"C' Av'- ..': ( tAIr' ~ L' ~~.~ >-;.s- JJ ~~ J~Lq 2t ~..., -'~ /IS - !!.. .J U '/", ~-~,1 If ~ )1 , . ~ I L~M:'1. lOA if ,;;,~ ' ~ x ~ l- -::" IIP"p" , : 'lll""n t ,r.)oO ~WrQ~""'.~!.!)'~) t.....:.~~~ '" /1 ~ " 20 l'ln ~~-=:J :.f A." r::. :: ~ I) ~'''''~,8~J ~:'~.....~ I:] I~ . I ~~ 1 ~.' L-'lfj 'tIJjJ~ ., , iP" X "'.. ~ ~~ ~ lYE '.1'''' $1' R "7 '''.1' tj, f..J ~ '. ~ .1 _~ :..! ' ~ " l' too rfll/S,~13I,., ! ~/~tJA/:" ..:: z:"1;; , · J ~ l"" ",. . ..... ~ ' , J .. J · 7 I I, .0 /I IZ"\ I :: I . ~ L" '" C A V C . S .~~. ( t A 11::7 ~ r if ~ ~ G 1 5 ~ . ,II "', . r~ "" . O~f ;/~' '1f~Lf' ~'-l'[' =L::t U::T. ,.!,!.. .~ 7 ~ ~ -, .~ '1 ~.. ~ ~ .. ~ t J · t · ... .. ... ~."t" t, 'tt/'l'.fl.,J" I~ , ._. ~ j -/:c O! .. .. ~ '! .. ., I " Il , · , , ! I,~ ~ 'I "1 " - j .. ., .II"~ ! . ~ . ,).. ~~(" · .I.-t-t J ~[. ~ , TH sr =.:! . ~~~&~~,- '" j t, f/"'-' J C'LI ',r", ~ ~ ",......."!.-!!-o-k II. ,. . ' , 4 I...'~.. ! '1 f1~U' · , · SI.t=f==j. '--=".-..~ -~--?. ;~ '( -cr ,-~ -~_- ~-: ..' INTERNA TIONAL T ~ '1"""" ,. ",;" r+'i"" "1'HMKl J BEG~.U " ~Et d# a hIM \a '. "I. mili;'~ ~, - .. .,. I~ =l J I.. H ST.. . l'f\ J z, zc " ~ rr '4" II " ,,~'" J · - :;-~ B~rl~" ~ ., ~~ ~ HOUSE-~~,---2- _ ~ ::--.,,0""""'- .... .k b: ~::-1Xt' ~ · 2-: ~-A~__~ __ -["': jl::.."t;;z:::1 ., .. ......." r. : . ..r ~... ' . . I n lJl:Il :J :. % \.:t :. )C J' ~ ):J' ,. tl't ;..' . I' ~. 11 ( I, -' ri ". 'i' ;.~'A~ I ~ '\ ._ -, !.~ -::OF PANCAKES I, '.."" ,.. , .~ . ,~,- ,- .. ~ ~ 4: ~I I ~ ORIFTWQ~! ~fti,N~I~~ 5 () O! '. "'.:S II "II " ", , 1 ... S "0",11;. '-= ~ ~,. II f-~~ .., ....-.-J ~ ,"'- . t rms e 1 ''.,' -;- ,,~. . Cl 3 ,1. __~_ }"",'O .1'"." .-....,,"" ~J ~ ' ',~ K, 31 i;. SJ 11\ ~;(~Enf ..~.... V l,l~ ~ ~r-<~' ,.~-i I /0 TH S" -. G",co ;:., : 1, :-: ~ ,ri1'Tf I: ~~ " ._~, I t.. ~ . "':"'-.-:'-1\ 'nc, IpG,133..[..i..j.; ~,.. F s I .f ' -.- 4.v r--1" ... .. . ~: :~l,. 1'1" 00' · - · ) , J~ ~ Jh'! ~lt., .1:,",', !o . _ -;.. 'it ~ ~ i !. L.....-L. 1- I '" " ,; , ..;;c' II . .,. V ~ ::. 3r' ~'"T . ' ~ ..... -;-- . n ~ t " ! :1 , ., ~ II~' -..Jf-'- .. ... ., :r:' :z :J ;0 ~ :; ,., "'..~ I I ~ .. "" .... - .. ,.." _~ -. ___ 9 TH . $T ~.)C! tf3.:.-sob;'" ~ r;." ':1 ~,,;' ~ ~ ~. ,t;; ~~ORE.~.. )~N7~'-i~_ ... tfW ~ I.. 'M'. ,4 . ~ .. ' r:""'"'~" h' ~ . '.lS"'1'1"CO!'.'(~"c-!--I fT.' 4 d 4 1J::t 4 .J , 13 ~. It'4r[RWAY 31 ' I.., r I . ~ I IT J t: ';"l:; J I' ,-: I ,., .. '. 1'/ NORrH Ir 0 ~ a. L.. Ie (, 1 . I /I ~ I " I " ( " m~"}" ./'/ Sf(, ...,.PG Z9 .. .... . ". J! 11ll' ::l ....! ' ~ " IC" 00 i- I 10 ,(" I. .. rn7" (I. , '" 1. " '" . I ,1_. . ow J ' . . , ., &*,~ a '.) , If II "5 'I .. . ~ \,' II' +-.' ~,. ~ '" \ :r CE ' I r I . '" '1"i~n 'I \ ~," '\... ':'). . t-!!.... ' , L ' ~l~ Dioc... Of. .. THE LANDINGS ,1. ~ ~ # 1..: S .. .. "" "' ..~. n. ., - " ~""Q, :EI I, ." "" CT' Sf. AUGUSTINE II, B K, 42. PG. 21 , ,,~' , " ,l.,j~ m'DE' tl~"." ~ ' I ~ c,_ ~ ~ ~ 11 , . , . "/ ~ -!- ~ ~ ' " ".. ro - ~ %.1:: " I Iil I.4S"' 64~C .... .. " ,. ~ t F " '.,;:1 '\ ol'i T r.:;; Ii. C ~7r,.. .$T _ !". 7' D.a,724,PI~t USA 64~-D ' , ~ 7 ~.. '..0 II J4~" , .y -\-....... 'I N ! OJ . -'-::> ~E-M _ ~ KTrA::> I (0,..1011,".5421 [V "u () I' " '... -. ~ ~ 9t t)., 2 1 ~. ,\ \ 7 V1.. ~I 8~;: , t.6 rC.~ ~ N~Y n'"",. ... . ,.. '-7- .... J~.....""N '" I "'" Ii ,.. oJ Ln , ' ... -b- J " ., ~ ...J Z3 G 123 J 'n ,. ,. ... ()~ I " ,. ,-:1< n ~ ~ B 7L' ~, ~ 6 ~4';~.. " .,4 If ..,..~ 41 It '" C ~ " .. u ~'J;., ~ · '-".:.' -!"- I Li}' /:1 '..!, 'f '4 .-~ 'C ~","rE "ltji- LL w ~ .1'1( ST J r';~' ,., I: .r", S,!' ." r ~T." 0 . . , ' I" .. % -;- " ~ r'g; i w ~ _ " a I , ~ I 3 ,..- " v.. -;--:I'~:'O"'''.''''/J~ ~ ~J' ., U .,J U ~ ~ ~CF~~;~..~. 'l l~ II ..1,. J~ ~Iu ~;t1V~ II ,. -;-: " ,,;.. ~'" '!l I ' , , __ ~ ~ ~sr-:-,. ,ic:.....::.....J -:....., J'-:" "'x'" SJ 51 ~... If' ::._". :. "..... : I ", 1/- ) + .. . ~, ~I n r~ S'I ~ I( I, 7 ..' .,_ ,_ ~ .v , "H ". -;H .." . . ".. . ~" .r:" "'l.I,.. "V,;", 1. ..In II n I~J t~;)~1 J .-!-"."..,~~ 7- ,~L ,_ 5TH' sr !" 1 ~eL '-A._.' ~A.,I t . -i-J.- Iq --'f-' 1>- II "" Il I r-ooM r- ~ ~!.! .. n '-J J H , .:!.._~,."" 0.'.( J ' ~ q, ~, ,,::>., u It '" " :.. ,'s' J! I, . - '. ~ J · · · 1IR-l~~ '(it:' x I I, -,. -.. ~ J I 'l. " -lL .~.. Jij .. ~,. ',J;-, ~r" I" .. .I.ff..]}u c... · 7 ~ ,.. ?'1"\I'.. "'lll't" .. f':) J tr t" LJM' 'SiC" _ . . ~5T""I~H'!ffi'''''' '-f-; ~ on' 14 -u U ., S ~ tltt f. :~ J " ~ Q";......' ~~ L~ " · 'S I~ . ~:i" II '" TloI " 1"/ t '. ~ ~. .I"~ .... ..... I , "~~. , ... , II ,d ." .; 1 -,: ~ i'" '.. , _ ' , .. I ~ · I " I.-~.. ~I [--f-1 ~ -. - I 1/ ,. ~ ... , I ,-- 41 Ct) If' ,.\. 1 Is.. . r. , ." ~\: _r.I_'.I.~ i1::J -=:x .0 I' . L.<!L ~ ..... 1 ,. - ~ ....n - . _, . , ._......-~ c;j- ~ ~ . - w.. _"~~~~~~ ~~~~~=____ ~ r-:-~-~~~~=-- -. ~. ~:_. -- --- - ~ -:..:;:~~ I _ n_ HE S S ITln11~~ , ,j" ,. ~. cL GASOLINE, : 5 I- STATlONU ~) ..- WEST - ATLANTIC l~ ~'~ ~IJ~;J h_ "".$' ---- 1..J; -., :1:' ,;, _.. - - --- " ~ ' ~ ';1". .:", ~- .. I -. ...11._ '. ~ I I . lJ.J,~i--- ., ! '--" ~._-- " If Q: _ \ III , i I \ " , '. , ------- .r 1 ~ " . ~ , ! ------,w ~ - ~ '. .. j ... - - - . .,..-~- I I I . , I i I ...-:-:~;-~~_ . _.r.4~1 ~. . -~ _ __._ .- ~-- - -' I j I r~ . , . . -~ s..~ ! -- .I'': '. . . . : ! - >, "'f.1 IE t:. ~ 1 -. ,. ,. c DELRAY .... - ..J '- - :E TOWN CENTER .j'.' u. ,.~ ,,1;:~~:~'; .' ..;-~~~~.~~,;.~ :... I SHADYWOODS: I --___ LINTON I -_.-------- :... ~_.-=:~ .--::...:l~~..:_-_ :::--~.~:_~~.. : ~ .1 /.., ~ "' ./""'. ~. '-, / Co' ---.-----= ;:' , "' I ~. '-....... .... I ~s ~ I ~<< I _ J ~ i ! - BOULEVARD --L . --- n ~ ~ .:l.; . 8t[1 ~L:t'J.. ~ W~ ~ b I I II. ~~ · Dt'" -= ~,~ A' O<"~ Z folD ~:I _ .;--- . 8T. ------=-" ZJ .JS - ~ 41 ......,.. Ti ,. . ~ I ., II · '" I) S"'. r.-.;:... ~ f--"- . - J r....;...,...' , It. .' " ~ T S "tefH ,~--- # 10 . ~, --; .... ;... -,.,;Il _ ~. . . - . I " . , ". ~. . D. "",.. - J7 .!lI " . '" "'.. . . It I P. , ~I . ,,- .!!..- .. . . ~ 01 ~ iii' 4 If... 4 .. _~ to~1 N .. " II II 10 - --..j.:;." "1..._ -!-~ 4 II. ~., ~........t ~ ~ ~, ,...6.~.'~. AT "r I) ~~o II io~"'.'" ~ " f:l:.." .. ~ 6.. ~ 6 · . I 20 I'l In 1.- f 1/1 /7 '$ l ~ r t:. . . - ~ 1 7 17 . 7 "-::::-:1 <-- Il.. " C. . --L- ... .. ... ~ - .x!..... f-- zq:>JI; -- l' .' ..z:;, II. ,....' k'" S' Z <; ---- ~ ., 16 .1>. ~~i:l ,,, . , · -", J!... II " u f--'- "'~ 10. - ~'''I~' "t ~ ." ~ · " 11- 1 tI · S to I." c!.... r j " 1 1e':5: lit PG. 6 , -:' I ~ · ~ '1I 12 _ '9 JO . ,. ., . ~. P ,~741 A:: 1. WRY l.. : S T ~ ___' I~T 4 II ~ -" ST ..' . ~ ..,-.. ~ . , ~ 2 j "r, '" . 'J ~..'" ~ - -!- " ~ j /I L.~ !I r ,jiJ', ...'" . " , . . , >----'-' I' ~ 1..l.. ~ .-. ...Ie'", . :z., --;;-. O:-T- IJ ATLANTIC: :1 l !pl1llt; 'i7.- ~~ 'l "-- - '" "',, \ ,J ,~;z # .. ..... ~ 4 'f--<u- . . 4 7: iii r. 11>).: -;- ~ ):;....L. PLAZA I C ITY .~ f'w ~i'1C'"Y 'b..... ~ :r-;;- ,.. 21'~'~ 1.......;;;.- __ .... ~~:~ ~ ... . _ 1/ 2.'. . '1_. S '-". ~ ,It,. 8K50 132 "<oJ ~.~ 1I.u-: x ~ .~,.. - ~ /I C .J' 2' . ~ ~ :I......!- 17' ....-..;> - ~ ~ - .,;.,,~ ,. " 14' ~ PG.129 I PARK l ~ "t~ ~ If!. I~ 2! 20 ,. ",~.z ....!L.: .' "' · 1';' ~ "'~ - ..:" " i j /48 .. fI) 1"'1-- II: J]J ~I"'IOIII ~i~),I,IHls~:) m::i~: D~ I ._ .~~. ~ i'l~o'l~ TC :r L. "I ~J~krr~~ ~I L. 'I,J.I'- __ .f/I _. t.. ~1~11 F.~ II' ... ~J"M ,:t~ , _ ;..;...." AT~A.NTICd' -~ L ~ '( ;- AVENUE,~ ;-;- .- ~~ . " ...-..- ~ ..r .D:i , I , r .r,r;i)<r~~CI~IJI, II" tl] 115 _ ~= ~ '. '\I ,ioc ," +.., I IT II! ~. L.L.rIT..D ' I bO i' /../ !F... 8 .;.. 10'. . ......,$ # 17 , . I~ ,,- -- ~ ~ I.' t:-!-i ,~ ": · .. ~.. ~. r ~ - if- i : ---;-' ~ ~ fro; , 's . 'J!... t---t- ---'..:-." . : '~ / Ii. l ,,~. 1 '" .. ~ I ~ >--- II .. . .. . - '" ,:::, , "to. ',D ~ '.-!-.", ~20 ~ ....... -L" ~, .. .. 7-!!-- :l. ~ . t: ,. 17 . " '~ ~ 'I . " . i' ,,~ :::-'''. . _ >--- II ,'D _ ~ Q \, "l: _rc B5 ~ = """ Q D II " ; L ~ ~" , ~ ~ ~ ~~... S . -p ~ ~ I 8 F- = :l. IZ "......." ~ :..-.!!-. " ".... . \.. IJW'~ ~ ..." ....., Its~. ,-4.:- .. . ...-- ~,....#,- . . ...... 'Q "",..' 4 .. Uf .. .. '..a:.!.J; . 'L . " fl" .I;.~ ~ JO 2~ .."C rl ~. · ~lcO" 3 _! ." '. :'1" 't.. nl!. ~ 7 r;-- ' $.E. "1ST ~ ST. t .; '11 ~ ~~I "'R,,-"",,-R' wlu 1+J.1Sl N Ill,!; I . i ,.." I " . ':i I '" III 200 , ~. I; , .. I. IG4 N" j ~ 7' ... - 1 I V ,..-----; c:. C '" . 't . t ,,>.t I I" -'--: ~ M .. ,~ _ ') is t.i ~ deB. p! ~' ", ~ C:' , II , " , ::r. J 11 ~ ". 11" --'- ~ ~ 'I, . _ #"b - .,..'; r.1", . , 4 J T 1/ CI I-- ZI 4- "~, '" I ~ "":. I '_ n.. 5' 4 U .. It lC'I" I<f ~. '" dl" D ~...;:c It · ,. .... It CO ,S IS s.._~ S 15"'''~' r2 .Q.~ ~ Q: 36' .~,EI'[(S J._ " : *... ~! . II ., --". '., ,..'" III.' ,. ,..... ~ ~"oI A . . - n-----T---. _ \II ...... ~ -.'" ,........ 10 - ;. u ' n.' ". ~ 7 "'. ,v.. , 1_'t>J 't j N - ~ -- .- - uj ,...!ltJ' II' I 'I . ~ IS ... . IJ '" ~ Q: J J~ 5 , '-'<4""-" 0<0........ ~ &..: . II" If" ".~,. 1/ n 14 I'~. ~,-. ~ .s..' 10 lD 10 JD . 1P 2" . ~" n If IS I ~ .1~ ...... ~ ~ il' .,. I. ~ 'i'ru ~",:,:n,(,;f l '''~~d ,ifj4; '1 ...: ~ ~ III ~I~ Jl~ ~' -.. I I ,. . ),0. d =-- ~!~ .:.....; ~ '. '- Z5 . eEl JJ ~ 2 /59 " Il . ~ REI S K E ~,rti cj ./27"" J (, 8 L~ . l!-i ~ ..' '1' ",' , I i ' n ~ ~ ~ ~ :]'( ~, 4 I ~ ) + ~ It :: P:=i '61- :-'.i _~ *. '~-';~'..-F~I If! ~ 4 ~M~.fLIJ~. A AIJ P~Rh<1 1 ..;;:.. Cl ~ ~ ~ :...'t'" ,. ::t ~ ' ~. n . ~ ~- III d... ... .F: t. .... . e , I' · . , ,,~, ~ II'. , I' ,If; ,. ,~, " ~.... I .., , ~., -.;t:....$ '" "<1 - =-~-'-,,-- ------ ~ ~ --;'"'J~i. , ~,; rt.i;l i <1 It .. " " " . ~,,1J . .. ..' ;~~,unl- ... I _ ~ I U It e p, " ! ~..1., lJ '1" :;::u . " "". ~ . , I ~ .-...,<< ' , >&,. II -. l".I2 ~rl::l :...11 - ;I tt' ,J "'~~~'" ~ .3.. iJ I! S E. -in- " 3 I2Q . I. ~ I 1 I'''' I II i 7'-' I .", (-" 1.:.tIr ,,,,,.. f ~ :00 - ~: : J I >& t " II I. 2 ~ I ... rrl'.'!t>I1. .' J I Z S 4 t.-~ - ---- I '1 I tS 71 I' I-T ~ '.I 1,.". .~ ~r..., ----1,-.-- ,r i 4 ..:>. ^'~ l' 4' . ~ '!...: 4:A"'''' -...r<YJ1 ( ~B~ 21 P:'~. ;';l ~ " S'". to .. s' t;:'T ~ -' ,,'s .....'r ~ · 7 ~ 5; 30 , ... , ..,.. -... · """1/ · L-+-- .'.... I' ~. .'- J ..,,,, l~. II '7. 7...!!.-6 ~ ~~r. "'A~ I . ID I '0.' n t. . -. ro .:1....~ 't ~ ~ . II I K'. tl. '.. " , z~ v ~i r '----'-- ..'_ 2 ) · ~ '21 10 n. tS 10. .,t:) 71 ttIl -1: tI It " U .. /I ~ ." ~ ~ '----'-- . 7 I 5 ..' 2'> I II," II art 11;" Jl I:-- =- ~ : r ~ . . lloo -yo ~ c . .. ~ -I l .. " . \1 .'Y},." I~ t../: I' II ~.. --. - .~ '1. .1:' .V ! --; I---- \ I I .5 :, I' I. I'JI~ ,g' ~I/ ~l/ ! 1..' ';, I~'~" ";:. I ~ - I _ .. , , ,. .. I J ( . ..... . "\. ~ '" ~ ",I~ Z I~ SEA-' . .. . . , 4' ' Z II: .. i1 '~ S GAT( 1 .~z I 1Ii?' " , .1;, "" JO ! , , .. .: ~ 0-~ ~"I ~. J ~ Q It -I?RN$ . CO .1':'. .1:" ] _J'. / "x... '\. ff-- I, J 4 .I e 4 .47. Ii S' 50.. -- - -.. - .# >'\, .....- . ". : /,ICIDA RD k oS , '.,,,........1... :Fs., .'" :.~ / I / I~,// 1\ . I.. :;'~ ';"'j ~., - f.. / j;, , t. ... "'.r~ . ... ",.. 2 't> li! I ,.(... IJL;., . . ! Q '=' to I . ;.~IO.\12 ,.. '~71 "..".. ,., .. 5<<'" k"'1< I" " I L-.~ s ~,. A~". -' / ~ 'J: -. s '\.V' I ' ~ ......_1 -.... .,.f ." .' S . I ... .. TH . !9.T. . 2 '~1: I Lr flu ~ 1 .A . B l r_.: Jfo " II I ,.. U..... . I ~W"': I<4EI.AI.C(lCAI ~ RD. I . ~ ~ ; · z: ,., IS 01<' " · -~, ---- -...-~ N ~ ~ ~ " ... .. 2'" .. . d 4 t . ~ 7. '.'" -,' J -, ~ c "7~ as 12 IS . U ZZ . .. · . ~ 16 "l.3 L.! ~' ~.............-. ~ :;-r::-:- ~ r: U .. 5 .. II' ... · 0 '- --------1 ~ ,. to. I! C ....' .. . / "\'\i ' ~~. "" ~." '40.1 . . ill te ... .. , Ie 7f ,. 'II r, . 1\ 4 S G ~4" /0- ''-. ~D I ~ / .... f! liE . " .' " aI. "'" ' II . (' '!!_ . . , . - It', 1I"1'P ... . " ~ .TAItIARIItIO. . .. .11' C 10. . . c.. "'.. .. '" rr ~...... < ~. _ ... n~ I ~; ~C ....,~~,~...g;:tf ~ z ~ I~ " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # "8 - MEETING OF APRIL 9 , 1991 ORDINANCE NO. 31-90 DATE: APRIL 3, 1991 This item is before you for further consideration of an Ordinance rezoning property in Block 20, Town of Delray from General Commercial (GC) District and Single Family Dwelling (R-1-A) District to Community Facilities (CF) to accommodate the proposed relocation of Fire Station No. 1. The public hearing was held on this Ordinance on August 14, 1990. At that time, the Ordinance was continued to pursue the acquisition of property. Since that date the Commission has elected to take less property than is referenced in the legal description contained in the ordinance and therefore, the ordinance must be amended. Recommend Ordinance No. 31-90 be amended to reflect the actual property being acquired and brought back for first reading on April 23, 1991. .. " i Iv (C(~C",,~ CITY A~TORNEY'S OFFICE TEL No. 407 278 4755 Apr 05,91 14:00 P r~ [IT, DF DELAAY BEA[;;~: ~:.;t~;:'r. ~.. ""'I".:"..~.~~~,~.\.::,.' ,'.' ...~,;.;.,::,,,,,.,.".," CITY A..-rORNEY'S OFFICE 310 S.E. 1ft STREET. surTl:; 4 · Dl:~LR^ Y BEACH, FLORID... 33483 II I 401/243-1090 . n:LECOpn:;R 401/278-4755 MEMORANDUM Date: April 5, 1991 To: city Commission From: ._ Jeffrey S. Kurtz, City Attorney Subject: Rezoning of Fire station .1 Site, Ordinance No. 31-90 Our File '02-89.004 The second reading and public hearing on this ordinance was held on August 14, 1990 and action at that time was continued pursuant to my request since the property had not been acquired by the City. Since that date the Commission has elected to take -less property than is referenced in the legal description contained in this ordinance and' as CF zoning is only appropriate for the parcel we will be taking, a material change to the ordinance is necessary. -......... 'l'he hearing on the taking 1s set for April 12th and we would anticipate an Order of Taking that day or shortly thereafter. Following the Order of Taking, absent an appeal, title will vest in the City upon deposit of the monies in the Court Hegistry. Since there 1s a material change to the ordinance, I would recommend that the ordinance be brought back for first reading on April 23rd with another public hearing at second reading on the appropriate day in May. However, I do not feel that it is necessary to take this matter back before the Planning and Zoning Board since they have already considered all of the issues, with respect to the rezoning. JSK: jw ORDINANCE NO. 31-90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PORTION OF BLOCK 20, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND BEING LOCATED ON THE NORTH SIDE OF ATLANTIC AVENUE, BETWEEN NORTHWEST 5TH AVENUE AND NORTHWEST 6TH AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983": PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been determined, through the Comprehensive Plan of the City of Delray Beach, Florida, that there is a demonstrated need for the relocation of Fire Facilities; and, WHEREAS, in recognition of this need, at the meeting of June 26, 1990, the City Commission of the City of Delray Beach, Florida, initiated the rezoning of property previously identified as suitable for said relocation of Fire Facilities; and, WHEREAS, at the meeting held July 16,1990, the Planning and Zoning Board, as Local Planning Agency, held a Public Hearing with regard to the proposed rezoning and subsequently, by motion, recommended to the City Commission that the rezoning request be approved, based upon findings of compliance with the Standards for Evaluation of Rezoning Requests and upon a finding of consistency and concurrency with the Comprehensive Plan; and, WHEREAS, pursuant to City ordinances, the matter has been presented to the City Commission, 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 (Community Facilities) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: The South 155 feet of the North 509.2 feet of the East 135 feet of Block 20, TOWN OF DELRAY; together with, The North 35 feet of the South 95 feet of the East 135 feet of Block 20, TOWN OF DELRAY; together with, The North 40 feet of the South 60 feet of the East 137.2 feet of Block 20, TOWN OF DELRAY; together with, The East 50 feet of the West 135 feet of the North 115 feet of the South 135 feet of Block 20, TOWN OF DELRAY; together with, The West 85 feet of the North 115 feet of the South 135 feet of Block 20, TOWN OF DELRAY; together with, I I . The East 15 feet of the West 150 feet of the North 115 feet of the South 135 feet of Block 20, TOWN OF DELRAY; together with, The North 50 feet of the South 300 feet of the East 135 feet of Block 20, TOWN OF DELRAY; together with, The South 25 feet of the North 250 feet of the East 135 feet of Block 20, TOWN OF DELRAY; together with, The South 50 feet of the North 300 feet of the East 135 feet of Block 20, TOWN OF DELRAY; together with, The South 38 feet of the North 338 feet of the West 135 feet of Block 20, TOWN OF DELRAY; together with, The South 50 feet of the North 300 feet of the West 135 feet of Block 20, TOWN OF DELRAY; together with, The South 50 feet of the North 250 feet of the West 135 feet of Block 20, TOWN OF DELRAY; together with, The South 50 feet of the North 388 feet of the We st 135 feet of Block 20, TOWN OF DELRAY; together with, The North 75 feet of the South 210 feet of the West 135 feet of Block 20, TOWN OF DELRAY; together with, The South 75 feet of the North 225 feet of the East 135 feet of Block 20, TOWN OF DELRAY. The subject property is located on the north side of Atlantic Avenue, between Northwest 5th Avenue and Northwest 6th Avenue. The above described parcels contain a 2.5 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 Map of Delray Be ach , 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 e ffecti ve immediately upon passage on second and final reading. I PASSED AND ADOPTED in regular session on second and final reading on this the ____ day of , 1990. MAYOR ATTEST: City Clerk First Reading July 24, 1990 Second Reading -2- Ord. No.31-90 I '" " , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!J1t...1 SUBJECT: AGENDA ITEM # c=tC - MEETING OF APRIL 9, 1991 FURTHER CONSIDERATION OF ORDINANCE NO. 7-91 DATE: APRIL 3, 1991 This item is before you for further consideration of Ordinance No. 7-91. This ordinance annexes to the City of Delray Beach land lying and being in Section 14, Township 46 South, Range 42 East, of Palm Beach County, Florida. A public hearing was held on this Ordinance on February 12, 1991. At that time, the management firm of the shopping center located on the northwest corner of Atlantic Avenue and Military Trail (K-Mart, MacDonalds, etc. ) raised questions about the implications of the annexation and stated that the original water service agreement for the Center did not contain the standard annexation clause. Staff has continued to negotiate with the Center regarding annexation; however, no compromise has been reached. It is anticipated that within three to five years, the City will seek annexation of any remaining properties within our future annexation area through the dual referendum process. Thus, it is not necessary that the annexation be consummated at this time. It should be noted however, that if this or any other property owner affected by this proposed annexation decides to come into the City, the cost for petitions, surveys, legal documents, etc. , will rest with such petitioner. There are several options available to the Commission with regard to this Ordinance. They are: 1. Determine that annexation is not appropriate at this time and reject Ordinance 7-91. 2 . Defer consideration until April 23, 1991 and direct the City Attorney's office to further explore the implication of proceeding with the annexation based upon the breach of the original water service agreement. 3. Defer consideration until April 23, 1991 to allow further negotiations with the Management firm. ~)K 27'1 oqs- Ilflp C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~D HARDEN, CITY MANAGER ~J ~U~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF APRIL 9, 1991 FURTHER CONSIDERATION OF ORDINANCE 7-91 WEST ATLANTIC ANNEXATION #:3 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of further consideration of whether or not we should proceed with what is known as West Atlantic Annexation #3. West Atlantic Annexation #3 involves all of the nonresidential, developed property west of Military Trail on either side of Atlantic Avenue. BACKGROUND: Pursuit of West Atlantic Annexation #3 is in furtherance of our annexation policy which involves the "calling in" of previously executed water service agreements which contain the standard annexation clause. A problem was brought to our attention at the public hearing held on February 12, 1991- At that time, the management firm of the shopping center in the northwest corner of Atlantic and Military Trail (K-Mart, MacDonalds, Byrons, etc.) raised questions about implications of the annexation and stated that the original water service agreement for the Center did not contain the standard annexation clause. At that time, the City Commission continued the item so that staff and the management firm could meet and discuss concerns. Property owner concerns: I met with the management firm in late March. They had concerns about expenses associated with bringing signing into conformity and in property tax increases. They sought relief from both items. There is nothing that can be done about a reduction of property taxes due to the City; nor, at this time, is there any guarantee of relief with respect to nonconforming signage. While there are benefits to be derived from annexation, it appears that they do not outweigh the financial disadvantages in the eyes of the management firm. City Commission Documentation Further Consideration of Ordinance 7-91 West Atlatnic Annexation #3 Page 2 Long-term annexation goals of the City: While this property will come into the City eventually, there is no obligation or need to annex at this time. However, if the shopping center - or others - desire annexation before we process another area wide annexation, the cost for petitions, surveys, legal documents, advertising, processing etc. will rest with such petitioners whereas the current process has been a "free ride" for the affected property owners. It is anticipated that within three to five years, the City will seek annexation of any remaining properties within our future annexation area through the dual referendum process - unless there are changes to State Statutes which would allow otherwise. Thus, it is not necessary that the annexation be consummated at this time. Short-term implications: Annexation would necessitate an immediate increase in police staffing and will further exacerbate the provision of emergency and fire suppression services in the west. However, each of these items can be accommodated in a relatively short time and subsequent revenue from the annexation will offset initial costs. Also, each year that the annexation is deferred is another year of lost revenue from a land use which will provide a surplus of revenue over expenditures. Ability to proceed: A check of the water service agreement in question does reveal that the standard annexation clause is not included. However, we also have determined that water service has been provided to property with~the shopping center other than that described in the water service agreement. Thus, we do have some leverage to possibly force an annexation at this point in time. Time is of the essence in the decision-making since in order to receive ad valorum revenue in FY 91/92 it is necessary to annex the property by May 1st. Thus, if the May 1st date cannot be met it is recommended that the current annexation effort be abandoned. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board previously recommended to proceed with the annexation provided that all properties were included. The Board has not formally reviewed this change in circumstances. ALTERNATIVE ACTIONS: 1. Decide not to proceed with the annexation at this point in time and reject Ordinance 7-91. City Commission Documentation Further Consideration of Ordinance 7-91 West Atlatnic Annexation #3 Page 3 2. Direct the City Attorney to further explore the implications of proceeding with the annexation based upon the breach of original water service agreement and give further consideration to this matter on April 23rd. 3. At the request of the management firm, defer action until April 23rd; thus, providing further opportunity for resolution of perceived problems. 4. It is not appropriate, nor desired, that Ordinance 7-91 be enacted at this meeting. RECOMMENDED ACTION: Pending further communication between the management firm and the City Manager. Attachment: * Face sheet from the P&Z Annexation Staff Report DJK/#80/CCWAA3.TXT :JLRNN: I NG B. ZONING BORRD STAFF REPORT - -- - -- ='T~(Y OF OELRAY BEACH MEET ING rnTE: December 17. 1990 AGeo:l ITEM: IILA. ITEM: WE'Rt Atlantic Annexation "3 with ZoninS!. of Commercial Areas on Either Side of Atlantic Avenue, West of Nilitary Trail. , SEE ATTACHED HAP , GENERAL DATA: Owner.......... .... ... ...... ...Varlous. se. tabl. In statt report Locatian,......................~orth and Southwest cornpr af West Atlantic Avenu. and Military Trall Property 51%e................. .12,26 Acres County Land Use Plan...........C (Coarnerclal) Existing City Land Use Pian....General Co~erclal and Medium Penslty ReSidential Existing county Zoning.........CC (C~neral Co~~erclal), CS (S~eclall%ed Commercial) and AR (Agricultural Residential) Propoaed City Zonlng...........OC (General Commprclal), PC (Planned Commercial), POC (Planned Offlc. center), and R.I4 I~edlu. Density R.sldentlall Adjacent zanlng................~~!!~: RS (Re,ldentlal Single fa-Ily Co~~ercl.l) [a5t: City PC (Planned Ce--l'rclal) SO'Jth: County AR (Aqrlcultural ;iiiidenthl) . Ile~t: County R.I4 (Realdentlal , ~jiv~ Den,ltyl, RS (Residential Sln~ll! rll",l1YI and AR (~~rlcultural Residential) Existing Land Us...............Varlou'. s.. pag. J of the statf re~::>rt. Water Service . . . . . . . . . . . . . . . . , [x 1st I ng 12- lines on the esst sld~ ot ~Illtary Trail and north 51~p ot Atlantic Avenue. and an S- line on the south side of ~tlantlc ~venue as well as exl~tlng 8- ,ervlce lines wlth!n t~e Delray Marketplace and Plnps PI"zll. Sewer Set"ylce .................E.I~tlng ~Il!n conn~ctlng to and wl~hln Delray ~llrketpJaee and I'I-n5 rllHIl (rem M!Jltllry Trllll ll~~ "xlstlng line, on ~tlantlc llI.^ ~.. ~-'Je. W ESl' A'l'LA T\11'IC AVENUE ANNEXATION #3 '. J T T TIT I T I ! I I I I ,.- TT T -1 1 , I -' NUTE: I'arccl104 removed from - itt tif I I I - - - - t tit~nneXHtion due to . , ~ .:::.0 Future I...md Use Map/County Zoning conflict. [lIU[ I POINT i:' Q -- - - - - - - ,-. ~ OF DEL[{A Y \VEST ~ ~~ ~ - Vl , .- ....., ~ - - - ' - - - - ' - - - - ...J -- --. # g <; L-33 CANAL - - - >- 00 'Water Service 0:= < Agreement Annexations b - - - ...J .-. ~ IE Other Parcels Proposed for Annexation 00 , , - - 000 by WAA #3 - - - - - - - - - - - - - - - - ' - - .J: - , - 519 - - - -"- - - - - - - - . - ' o 0 o~o~ooo 0 00 00 0 - - .- - - 00000000000000 - - 0000000000000 - - -- - - - - - ~I 00000000000000 -- - 0000000000000 ., - - ' 00000000000000 - - 0000000000000 ,. 00000000000000 0000000000000 00000000000000 0000000000000 . , ' - 00000000000000 -. 0000000000000 - - - ~ - ' - _. 00000000000000 - , - - - oooo~~oooo'o ,. . 00000 000000 00000000000000 - 00000000000000 00000000000000 00000000000000 - 00000000000000 00000000 ,( OOOOOOOOOOOOOO( OOOOOOO( - - -, - 00000000000000 0~00O - ~it 00000000000000 o OOO( )00000000000000 ~o~o~o~o~o 0 0 . - - - - - - - - -. ATLANTIC A VENUE {SR 8(6) 52G~ 0000 0 ~vovovovovovovov~ _ ) o uu u u u u u u u u u u uu uu U l) )vl >000000000000000000 00 ) 000000000000000 0000000000000000000 10 bOooo~~oooooo 000000000000000000 00 ) 21 22 00000 0000000 0000000000000000000 )0 ( uJ -- poooooooooooooo 000000000000000000 - - -- 000000000000000 000000000 () 0 0 0 0 0 0 0 o~6~ Z ., - - - poooooooooooooo )OOOOOOooooooooooooa :S , oOOOOOOOODOOOOOOOOOOOO( I oooooo~~oooooooooooo 0000000 00000000000 1'0000000000000000000000000 0 20 0 - .- ,( 0000000000000000000000000 O( n - -- 517 ,~oooooooooooooooooooooooo n Z '.'' .. ' - ooooOOOOOn(lOOnO(l(lOOC)()()O()O( )() j .. .. "00000000 n 0 0 0 0000 no 00 (1 0 noo 0 OOOOOOOOOOOOOOOOOOOOOOOOO( )() 1'0000000000000000000000000 0 19 ~ 0000000000000000000000000 00 - 1'0000000000000000000000000 (]( oc ~ 000000000 (1 (~<'" 000 ('10 00 00 ooooe )0 , 0000000000000000000000000 0 -< 1 '0000000000000000000000000 on 18 :E 5 j'ooooooooooooooooooooooooo O( 0000000000000000000000000 00 : 0000000000000000000000000 DC 10000000000000000000000000 00 . 0000000000000000000000000 O( 17 6 10000000000000000000000000 00 . ooooooooonnoooonooooooooo O( . . . Tn" ;~~O, <'" r"" 0:::""" 00' 509 nIU.~.EZY ^ CI~ES , . ORDINANCE NO. 7-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND BEING IN SECTION 14, 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 NORTHWEST AND SOUTHWEST CORNERS OF MILITARY TRAIL AND ATLANTIC AVENUE; 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 PC (PLANNED COMMERCIAL) DISTRICT, IN PART, AND POC (PLANNED OFFICE CENTER) DISTRICT, IN PART; AND GC (GENERAL COMMERCIAL) DISTRICT IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Mutual Life Insurance Company of New York is the fee simple owner of that part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying South of the L-33 Canal, West of State Road 809 and North of State Road 806 Rights-of-Way (less the West Half (W 1/2) of the Northwest Quarter (NW 1/4) , Northerly 620 feet of Easterly 615 feet, that part as in OR 3749 Page 829, (K/A L-1 Thru L-8 and Easterly 3 feet of State Road 809 Right-of-Way); and, WHEREAS, Delray Executive Square LTD. is the fee simple owner of the West Half (W 1/2) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) (less State Road 806 right-of-way); and, WHEREAS, Allen William T., Sr. and W. A. Mayton and Bobby L. Moore are the fee simple owners of East 166.41 feet of the North 262 feet of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4), (less the North 30 feet of State Road 806); and, WHEREAS, Delray Beach Joint Venture Firestone is the fee simple owner of the Easterly 133 feet of the West 155 feet of the North 240.91 feet lying South of State Road 806 right-of-way of East Half (E 1/2) of Northwest Quarter (NW 1/4) of Southeast Quarter (SE 1/4) of Southeast Quarter (SE 1/4); and, WHEREAS, BP Oil, Inc. is the fee simple owner of the West 28.49 feet of the East 220 feet of the North 192.20 feet and a triangular part of the East Half (E 1/2) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) as in OR 4462 Page 1034 (less the North 39.55 feet of State Road 806 and the East 40 feet of State Road 809 road rights-of-way) in Section 14, Township 46 South, Range 42 East; and, WHEREAS, Service Station Realty, Inc. is the fee simple owner of the Westerly 121.51 feet of the Easterly 191.51 feet of the North 192.20 feet of the East Half (E 1/2) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) as in OR 6307 Page 1971 (less the North 39.59 feet State Road 806 road right-of-way); and, WHEREAS, Florida Coast Land ASSOC., LTD. is the fee simple owner of the East Half (E 1/2) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) (less State Road 806 right-of-way); and. WHEREAS, Sun First National of Palm Beach County is the fee simple owner of the Westerly 334.47 feet of the Northerly 251.02 feet of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) (less the Northerly 21.02 feet State Road 806 right-of-way) ; and, WHEREAS, Mutual Life Insurance Company of New York is the fee simple owner of the North 197 feet of the East 220 feet of the South 610 feet of that part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road 809 and North of State Road 806 road rights-of-way; and, WHEREAS, Mutual Life Insurance Company of New York is the fee simple owner of the North 148 feet of the South 413 feet of the East 220 feet of that part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road 809 and North of State Road 806 road rights-of-way (less the Easterly 2.50 feet of State Road 809 right-of-way; and, WHEREAS, Mutual Life Insurance Company of New York is the fee simple owner of the South 220 feet of the East 200 feet of that part of the Northeast Quarter (NE 1/4) Southeast Quarter (SE 1/4) lying West State Road 809 and North of State Road 806 road rights- of-way (less the Westerly 5 feet and Southeast triangle corner of State Road 809 road right-of-way; and, WHEREAS, Mutual Life Insurance Company of New York is the fee simple owner of the South 240 feet of the West 153 feet of the East 353 feet of that part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road 809 and North of State Road 806 road rights-of-way; and, WHEREAS, Mutual Life Insurance Company of New York is the fee simple owner of the South 240 feet of the West 152 feet of the East 530 feet and North 220 feet of the South 240 feet of the West 20 feet of the East 550 feet of that part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road 809 and North of State Road 806 road rights-of-way; and, WHEREAS, Mutual Life Insurance Company of New York is the fee simple owner of the South 187.99 feet of the West 220 feet of the East 830 feet of that part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road 809 and North of State Road 806 road rights-of-way; and, WHEREAS, Mutual Life Insurance Company of New York is the fee simple owner of the South 161.33 feet of the West 174.06 feet of the East 1004.06 feet of that part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road 809 and North of State Road 806 road rights-of-way; and, WHEREAS, Mutual Life Insurance Company of New York is the fee simple owner of the South 161.57 feet of the West 196.42 feet of the East 1226.02 feet of that part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road 809 and North of State Road 806 road rights-of-way; and, WHEREAS, Mutual Life Insurance Company of New York is the fee simple owner of the Northerly 620 feet of the Easterly 615 feet of that part of the Northeast Quarter ( NE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road 809 and South of and adjacent to the L-33 Canal right-of-way; and, WHEREAS, Delray Beach Joint Venture is the fee simple owner of the East Half of the Northwest Quarter (N'w 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) lying South of State Road 806 (less the Easterly 133 feet of West 155 feet of the North 240.91 feet and the East 166.41 feet of the North 262 feet); and, WHEREAS, Service Station Realty, Inc. is the fee simple owner of the South 108 feet of the North 298 feet of the West 122.66 feet of the East 192.66 feet of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 14, Township 46 South, Range 42 East; and, ORD. NO. 7-91 - 2 - WHEREi'.S, Boca Raton Yacht and. Tennis Club is the tee simple owner ot Breezy Acres Lot 1 (less State Road 806 rlqht- of-Hay; and, ivHEREAS, Boca Raton Yacht and Tennis Club is the fee slmple ol-mer of Breezy Acres Lot 2 ; less State Road 806 rignt-ot- ~lay; and, WHEREAS, Boca Raton Yacht and Tenn1S I':::lub 1S the fee simple owner of Breezy Acres Lot _ (1E-5s State Road 806 rlgnt-or- I-lay; and, 'tiHEREAS, Boca Raton Yacht and Tenn1S Club is the tee simple owner of Breezy Acres Lot 4 (lti!ss State Road 806 right-ot- way; and,. WHEREAS, Berlinger Handels-Und is the fee simple ownp.r ot the Northeast Quarter (NE 1/4) of the Southeast Quarter ISE 1 4) of the Southeast Quarter (SE 1/4) (less road rights-of-way tor Military Trail and Delray Road West and North 176.53 feet of the East 207.52 teet .=tnd the South 61.47 feet of the North 238 feet of the East 122.66 feet) in Section 14, Township 46 South, Range 42 East; and, WHEREAS, Berlinger Handels-Und is the fee simple OHner of the South 176.53 feet of the North 236.53 feet of the West 84.86 feet of the East 277.27 feet (less the North 152.65 feet of the East 28.49 feet 1 of the Northeast Quarter (NE 1/4) of 1:-he Southeast: Quarter (SE l/4) of the Southeast Quarter (SE 1/4) of Section 14, Township 46 South, Ranqe 42 East; and, WHEREAS, the fee simple owners as hereinabove named have requested by their pet:itions to have the propert:y hereinaft:er described annexed into the municipal limits of the City of Delray Beach; and, I WHEREAS, the subject property hereinafter described 1S now I contiguous to the corporate limits of the City of Delray Beach, thus making said petitions for annexat:ion effective at this time; and, WHERElI.S, the designation of a zoning classification 15 part of the annexation proceedinq, and provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zon1ng designation; and, WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with section 171,044 of the Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the tollowing descr1bed lands located in Palm Beach County, Florida. which lies contiguous to said City to-wit: PARCEL_-X That part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying South of the L-33 Canal, West of State Road 809 and North of State Road 806 Rights-of-way (less the West Half (W 1/2) of the Northwest Quarter l NW 1/4) , Northerly 620 feet of Easterly 615 feet, t.hat part as in OR 3749 Page 829, (K/A L-1 Thru 1-8 and Easterly 3 feet of State Road 809 Right-of-Way): together wlth, ORD. NO. 7-91 - 3 - I East 166.41 feet of the Nor~h 262 feet of the East Half IE 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4), (less the North 30 feet of State Road 806); together with, The Easterly 133 feet of the West 155 feet of the North 240.91 feet lying South of State Road 806 right-of-way of East Half (E 1/2) of Northwest Quarter (NW 1;4) of Southeast Quarter (SE 1;4) of Southeast Quarter (SE 1/4) ; together with, The North 197 feet of the East 220 feet of the South 610 feet of that part of the Northeast Quarter (NE 1/ 4 ) of the Southeast Quarter (SE 1/4 ) lying West of State Road 809 and North of State Road 806 road rights-of-way; together "lith, The North 148 feet of the South 413 feet of the East 220 feet of that part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road 809 and North of State Road 806 road rights-of-way (less the Easterly 2.50 feet of State Road 809 right-of-way; together with, The South 220 feet of the East 200 feet of that part of the Northeast Quarter (NE 1/4) Southeast Quarter (SE 1/41 lying West State Road 809 and North of State Road 806 road rights- of-way ( less the Westerly 5 feet and Southeast triangle corner of State Road 809 road right-of-way; together with. The South 240 feet of the West 153 feet of the East 353 feet of that part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4 ) lying West of State Road 809 and North ot State Road 806 road rights-of-way; together with, The South 240 fee of the West 152 feet of the East 530 feet and North 220 feet of the South 240 feet of the West 20 feet of the East 550 feet of that part of the Northeast Quarter INE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road 809 and North of State Road 806 road rights-of-way; together with, The South 187.99 feet of the West 220 feet of the East 830 feet of that part of the Northeast Quarter \NE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road 809 and North of State Road 806 road rights-of-way; together with, The South 161.33 feet of the West 174.06 feet of the East 1004.06 feet of that part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road 809 and North of State Road 806 road rights-of-way; together with, The South 161.57 feet of the West 196.42 feet of the East 1226.02 feet of that part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road 809 and North of State Road 806 road rights-of-way; together with, The Northerly 620 feet of the Easterly 615 feet of that part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road 809 and South of and adjacent to the L-33 Canal right-of-way; together with, ORD. NO. 7-91 - 4 - I . I The East Half of the Northwest Quarter (NW 1/4) of the ! Southeast Quarter (SE 1/4) of the Southeast quarter (SE I 1/4) lying South of State Road 806 (less the Easterly 133 feet of West 155 feet of the North 240.91 feet and the . East 166.41 feet of the North 262 feet); together with, I I ! The Northeast Quarter (NE 1/4) of the Southeast Quarter I (SE 1.1 4) of the Southeast Quarter (SE 1/4) (less road I rights-of-way for Military Trail and Delray Road West and North 176.53 feet of the East 207.52 feet and the South i 61.47 feet of the North 238 feet of the East 122.66 feet) I in Section 14, Township 46 South, Range 42 East; together I with, The South 176.53 feet of the North 236.53 feet of the West 84.86 feet of the East 277.27 feet (less the North 152.65 feet of the East 28.49 feet) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 14, Township 46 South, Range 42 East. i ! PARCEL "B" The West Half (W 1/2) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) (less State Road 806 right-of-way); together with, The Westerly 334.47 feet of the Northerly 251.02 feet of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) (less the Northerly 21. 02 feet State Road 806 right-of-way); together with, Breezy Acres Lot 1 (less State Road 806 right- of-way); together with, Breezy Acres Lot 2 (less State Road 806 right-of- way); together with, Breezy Acres Lot 3 (less State Road 806 right-of- way); together with, Breezy Acres Lot 4 (less State Road 806 right-of- way). PARCEL "c" The West 28.49 feet of the East 220 feet of the North i 192.20 feet and a triangular part of the East Half (E 1/2) I of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) as in OR 4462 I Page 1034 (less the North 39.55 feet of State Road 806 and the East 40 feet of State Road 809 road rights-of-way) in Section 14, Township 46 South, Range 42 East; together with, The Westerly 121.51 feet of the Easterly 191.51 feet of the North 192.2.0 feet of the East Half (E 1/2.) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) as in OR 6307 Page 1971 (less the North 39.59 feet State Road 806 road right-of-way); together with, The South 108 feet of the North 298 feet of the West 122.66 feet of the East 192..66 feet of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 14, Township 46 South, Range 42 East; together with, _ 5 - ORD. NO. 7-91 '" ____.._,_ ____ _._____.__n___ " _ ___,.___~".__._______._.___ _ _.._.__ ___ _.__ _..._________.._'.n _.__.__.._______ --,_~-,_- --,----_. - -------"---:------~~~.-_::::::::::__::_:_=~__::_:_.~~:: o.____m____.'._..___ __ ____ ,_.__ The East Half (E 1/2) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4), LESS State Road 806 right-of-way. 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 tract of land hereinabove described as Parcel "A" is hereby declared to be in Zoning District PC (Planned Commercial) as defined by existing ordinances of the City of Delray Beach, Florida. Section 4. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "B" is hereby declared to be in Zoning District POC (Planned Office Center) as defined by exist- ing ordinances of the City of Delray Beach, Florida. Section 5. That Chapter Two of the Land Deve lopment Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "C" is hereby declared to be in Zoning District GC (General Commercial) as defined by existing ordinances of the City of Delray Beach, Florida. Section 6. 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 7. That this annexation of the subject proper- ty, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That this ordinance shall become effective on May 1, 1991. 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 - 6 - Ord. 1;0. 7-91 m MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ct]) - MEETING OF APRIL 9, 1991 DIRECTION RE. REQUEST FOR WAIVER OF HEIGHT REGULATIONS DATE: APRIL 3, 1991 We have received a request for waiver of the height regulations from Bell South to accommodate the placing of a 150 foot communications tower on the Holland property located southwest of the intersection of Linton Boulevard and Military Trail, adjacent to the BocaRay Plaza and South County Mental Health property. The property in question is zoned Planned Office Center District (POC) , and as such, does not accommodate the proposed use. Therefore, in order to accommodate this request it will be necessary for a rezoning and concurrent conditional use application to be processed. However, prior to those actions taking place, Commission direction regarding the height issue is requested. Section 4.3.4 (J)(3)(a) provides that the Commission may approve exceptions to the 64 foot height limitation on antennas, radio towers, etc. Should the Commission decide to not act favorably on the waiver request, then the land use issue would become moot. However, should the Commission act favorably upon the request the land use items would be processed. It should be noted that under the later scenario, it would be inappropriate for the Commission to reject the land use petition solely on the basis that it violates the City's height regulations. The Planning and Zoning Board has not reviewed the waiver request. Should the request receive Commission approval, the Board will review the matter as a land use item. [);( {rvll C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID HARDEN, CITY MANAGER a~j~~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF APRIL 9, 1991 DIRECTION REGARDING GRANTING OF AN EXCEPTION TO HEIGHT LIMITATIONS - BELLSOUTH MOBILITY, INC ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of direction regarding an exception to height limitations. The associated project involves placing a 150' communications tower on the Holland property (southwest of the intersection of Linton Avenue and Military Trail adjacent to the BocaRay Plaza and South County Mental Health) . Granting of such an exception by the City Commission is allowed pursuant to LDR Section 4.3.4(J)(3)(a) which provides: Exceptions to District Height Limitations: (a) Free-standing Features: The height limitations in Subsection (K) shall not apply to free-standing antennas, ... ... ... radio towers, ... ... . However, any part of any such structure, or feature, shall not extend above the height of sixty-four feet (64') unless specifically approved by action of the City Commission. BACKGROUND: Attached is a letter request from Adair & Brady, project agents. They state that an intensive search has been conducted and the possible site has been narrowed to one - the proposed location. The property is zoned Planned Office Center (POC) and, as such, does not accommodate the proposed use. Thus, it will be necessary for a rezoning and concurrent conditional use application to be processed. However, prior to doing so it is appropriate to seek disposition of the height issue with the City Commission. City Commission Documentation Direction Regarding Granting of an Exception to Height Limitations - BellSouth Mobility, Inc. Page 2 If the City Commission is not disposed to granting the height exception, the land use issue is moot. However, if the Commission is disposed to granting the height exception but wishes to reserve its judgement on the overall project until the land use processing has been completed through the Planning and Zoning Board, then it is appropriate to so state. Under the latter, it would be inappropriate for the City Cormnission to reject a land use petition solely on the basis that it violates the City's height regulations. If the project proceeds, we will accommodate a speedy processing by waiver of the submission deadline of April 5th. The project will go before the Planning and Zoning Board for public hearing on May 20th with first reading by the City Commission on May 28th. Second reading and action on the conditional use petition would occur on June 11th. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has not reviewed the height exception consideration. If the project continues, the Board will review the matter as a land use item (rezoning to CF and a concurrent conditional use request). RECOMMENDED ACTION: There is no staff recommendation as the City Commission has not had similar situations before it and there is no established policy other than the restrictions of the Section 4.3.4(J) (pages 4.3.38/39) Attachment: * Adair & Brady letter of March 29, 1991 DJK/#80/CCTOWER.TXT . 6.'V ADAIR & BRAD~ INC. Consulting Engineers Land Surveyors, Land Planners 1958 Sou th Congress Avenue West Palm Beach, Florida 33406 March 29, 1991 Telephone. (407) 9641221 Office also located in Stuart, Fl. David Kovacs Planning Director City of Delray Beach Delray Beach, FL RE: BELLSOUTH MOBILITY, INC. HOLLAND PROPERTY Adair & Brady Project No. 91014 Hand Delivered Dear David: In response to the constant increase in the demand for mobile telephone service. BellSouth Mobility, Inc. must locate a tower in the Military Trail, Linton Blvd. area to serve the mobile telephone subscribers on these two busy thoroughfares. An intensive search narrowed the possible sites to one and that one is situated in the southeast corner of the Holland property adj acent to the Linton Oaks Square shopping center. The coverage in this area necessitates a tower - self-supporting - requires one hundred and fifty feet in height. This exceeds the sixty-four feet provided for in your ordinance. In accord with that ordinance, we must request approval of that additional height. Please place this request on the earliest possible agenda for Commission action. If you require additional information or have any questions, please give me a call. J~<CIKVJE1D) , Sincerely MAR 29 1991 PLANNING & ZONING cc: Jim Bennet, B South Mobility, Inc. Jeff Ebihara, BellSouth Mobility, Inc. - PRD-- -, ---pi'[? o ' ~ . ' " I 10.-111..0 Oh. "'" I"" 'e Pl'U Q-A !o' i !......) . 'III st. ~G 1"0 - Ol'-'U'1j; I U~'M I , R-1AA I ,"-"<;0 tlh ""'\ cOV"'"'''' ~ " '......:.I!:.~',... ~ tllu'l I!o ~ (') ! , I I I 1\ ~i cr-:- I (1 oj ' , . ..~~....,.. - i~1;'>'\:- '" /' .--- .,... II..... ., j ....'H n , ': ,~~ ,- :;~~~iiw( \\. - < . ~ ~;. .. I ,. + ~~. I" !I 'u..~ M, ....,u.... , ,! IN-I.'~ -~. I'~ I. : ~!~rl I t.":l ,ti .. L ~' ~,... ,- '''''le J) , JI"- - f Jl ~__ ___ ~_ , _. _ l I ~ AMENDMENT: .. ON THi DAfE aHOWN. 8V OFflCAL ACTION OF THE CITY COt.l.,1I$810N CHAHOE, WER.f ...AOf TO T~l' OfFlCAL IOhllHa MAP AS fOLLOWS M.o\YOA 0", TE DE 'CIlI~TlO" .....vOR !tIHS1 CITY elfRI'. AT D. DATI C.U,TlO'" AlYl.!!.: 2!!! .fl - ---- --,'-- ~--- ._.-._..- ---- ._n_ -~._" _..--~'--~ ---_._- -----,----_._~-- --- . -- - -~._-- ----- ~----_. .-----------. -----"._------ '-'-"'-'--~ -- -_.._-- ~. -- -~-------- ._._-~---.__. --------- - ---..---_. --- ~._--~---- ---- - ._._-~-- -_... -.-.. - ~_.- _.--_._-_.- ------- .-------- .~_. ---- ~------ ---"-- .---.--. --~ ~~---- -_._~--- ---- ---- - --_.~-, - ~--.----- ----- ~-~----~_._-- .--..- ----- ---.-- -----.--.-- ---.'.- uJ -.------ ----- -- -~--- -~.._---._- --- . --.-- ._--_.---~-_._- ..--- ----- --_._~-------. ---. --- --._- -,.----.--- -.------ ------- --- - - ---~- .-- -------~..- -~_._-- ,---- ----- -- ---- .-.--. --- -- -,-----_._~_._--- --- -----,. ---~ - '-~-"--'-- .- ._,- ~"---_._- -...- --------- -"-------- - -'-,.-- ._~----- ~_._--- --.---------.--... --- --- ----- -- ~._- .--.-- -- '- ,--.,.-- -. . -- ----.- ,---- - - ~..- ___._n._~ ___ __________ .___ .---'-- .. ---- --,--- ._~ -~-_._- "----- .- '- --- ..- -----.- --. -- n_ ___. .__ _ --------~ .-- --- .-. -<--'T' .---.- ------- --- _...~-._-- --+ -----.-- ~ --- - -- _. -'- --"- ------.--. -~------" --- ---- .-- . .-- -.- - -.-. J 199' MAR 29 ZO'I'\'.I(; PLANNiNG 8.. i~i' M E M 0 RAN DUM TO: Mayor and City Commissioners FROM: City Manager~ SUBJECT: AGENDA ITEM # ere - MEETING OF APRIL 9, 1991 DIRECTION REGARDING WAIVER OF IN-LIEU PARKING FEES DATE: April 5, 1991 We have received a request from Fiduciary Research, Inc. for waiver of the parking requirements associated with a proposed expansion project. The proj ect is located within the Central Business District, at the northeast corner of S.E. 4th Avenue and S.E. 1st Street. The waiver is not being processed at this time because there was insufficient time to advertise for the required public hearing. Prior to the holding of a public hearing, however, there are several policy issues which should be addressed by the Commission. These issues are outlined in the accompanying staff memorandum. The waiver request broaches the subject of how to provide parking in the Central Business District. Should the Commission act favorably on the request, a determination would then have to be made whether such an action would apply only to the CBD or throughout the entire City. Further, a determination would have to be made on the applicability of requiring additional parking for other expansion projects within the CBD. Previously, the Commission asked the Downtown Development Authority to develop a policy regarding this matter. However, a policy has not been formulated as yet. The Planning and Zoning Board has not considered this item. A memorandum from Frank Spence, Executive Director, is attached indicating that both the Downtown Development Authority and the Community Redevelopment Agency support waiving the $2,500 per space lIin lieu ofll parking fees for Fiduciary Research. They feel that the fee is excessive and have made prior recommendations that it be either eliminated completely or drastically reduced. 8/{ ~0 oe/.S- ()&7i/) C I T Y COM MIS S ION DOC U MEN TAT ION TO: HARDEN, CITY MANAGER "'(" j~uQAO- FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF APRIL 9, 1991 DIRECTION REGARDING WAIVER OF IN-LIEU PARKING FEES - FIDUCIARY RESEARCH, INC. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of direction regarding waiver of parking requirements associated with the expansion of office space for Fiduciary Research. A waiver is not being processed at this time in that there was not sufficient time to advertise. If the City Commission is disposed to accommodating the waiver request, then a public hearing will be scheduled for April 23rd. The project is located at the northeast corner of S.E. 4th Avenue and S.E. 1st Street in the CBD zoning district. BACKGROUND: Parking Issue: Fiduciary Research is seeking site plan approval for al'\. addition of 787 sq. ft. Pursuant to parking regulations [Section 4.6.9(B) (1)], on-site parking must be provided for the building addition. In the CBD, one space is required for each 300 sq. ft. of new floor area; thus, three ( 3 ) spaces are required. It is not possible to provided the parking on-site; thus, two options are available. One is to provide dedicated off-street parking within 300' of the site. The other, available only in the CBD, is to pay an in-lieu fee of $2,500 per required parking space. The agent for the project has requested consideration of a waiver to Section 4.6.9(B)(1) so that there is no parking required for the addition; and thus, no requirement to pay the in-lieu fee. 1'1 City Commission Documentation Direction Regarding Waiver of In-Lieu Parking Fees Fiduciary Research, Inc. Page 2 Director's Position: There are several issues associated with this request. They include: * Framing the issue as not whether or not to waive the payment of fees but whether or not parking is to be provided concurrent with the creation of additional floor area. * If a waiver of providing required parking is granted is it to apply throughout the entire CBD? Throughout the entire City? * If a waiver is gr an ted on the basis that it apply only to the original CBD (DDA boundaries), is such an action to be interpreted that no other expansion within these boundaries is to have to provide additional parking? * If the answer to the previous question is "yes", and given the expansion of the CBD and redevelopment programs extending beyond the original CBD is it intended that S.E. and N.E. 1st Streets become a firm line separating whether or not parking is required? * Is it desired that the in-lieu fee provision be available throughout the CBD (expanded area) or that it be removed completely; thus having new development required to provide on-site parking or parking within 300' while new development within the original CBD not be required to provide any parking nor to contribute to any parking program? In my opinion, action on a waiver request goes beyond the circumstances of Fiduciary Research. It again broaches the subject of how to provide parking in the Central Business District. This task has been delegated by the City Commission to the DDA but as of yet, a program has not been presented. I feel it is inappropriate to grant a waiver just because there has not been a suitable response to a City Commission directive. Another alternative available is to have the in-lieu fee deposited with the City in an interest bearing account and if it is determined within the next six months that there should be no parking required or that there be exceptions to the fee provision, the deposit would be returned as appropriate. CONSIDERATION BY THE PLANNING AND ZONING BOARD & OTHERS: The Planning and Zoning Board has not considered this item. It is reported that the DDA and the CRA have each endorsed a waiver of parking requirements - via not requiring payment of an in-lieu fee. I have requested written confirmation of those Board's deliberations. Such confirmation should be included with this documentation. City Commission Documentation Direction Regarding Waiver of In-Lieu Parking Fees Fiduciary Research, Inc. Page 3 RECOMMENDED ACTION: Commission discretion. Attachment: * Letter of March 27th from Dewhurst-Mummaw, Inc. DJK/#80/CCFEES.TXT ,,' 4> Dewhurst-Mummaw, Inc. Interior Planners - General Contractors March 27, 1991 Mr. David Kovacs Planning Director City Of Delray Beach 100 Northwest Avenue De1ray Beach, Florida 33444 RE: Fiduciary Research, Inc. As authorized agent for the above referenced project, we are requesting a waiver from the following codes due to the hardship state of this project's existing conditions. Referenced Code: 1.Pusuant to section 4.6.9. (E) (1) parking requirment of (3) spaces to satisfy the additions floor area. (Note floor area is being reduced by 2' - 6" to maintain rear yard set back of 10' . The revised total square footage of addition is now 787 square feet. Reauest: We request a waiver of the $ 2,500.00 in-lieu fee per space for the (3) required spaces. We ask that this request be p laced on the proper city commission for preview and comments. Referenced Code: 2.Pusuant of the right-of-way requirements for Southeast 6531 Park of Commerce Blvd. First Street, that would require an additional 2.5' from the property to create a total right-of-way equalling 55'. i\iiSuite 150 Reauest: Boca Raton, FL 33487 We request a waiver from the City Commission on the above requirement. The impact of subtracting 2.5' from the existing (407) 241-1540 structure would render our clients interior floor plan layout (305) 426-3811 completely disfunctional. Further examination of the interior improvements can show these implications, but would require FAX (407) 241-1542 drawings and extensive verbage to demonstrate our point. We will gladly prepare said information for the City Commission's . review. Secondly, our client has concerns that the once exterior improvements have been approved and completed. any 8300 NW. 53rd Street modifications to such by the city will be both noticeable and IIlSuite 106 detirmenta1 to the project, i.e. paint matching, window styles, etc. . As I am sure you understand, they do not want to invest Miami, FL33166 time and finance in a project that could be dramatically altered (305) 592-2884 at some undefinable future date. ,re:CClEnIlEID)OSJ592"" i,PR 1 1[('.' PLANNING & ZONING ..~! ~ "... " March 28, 1991 city of Delray Beach Page 2 If you have any questions regarding the above, please contact me immediately at (407) 241-1543. Please note, I have attatched a check in the amount of $100.00 for the required processing fee. Thank you in advance for your experditious consideration of this matter. Repectfully submitted, Douglas A. Mummaw DEWHURST-MUMMAW, INC. DAM/jmf . ~.' '" DOWNTOWN DEVELOPMENT AUTHORITY City Of Delray Beach. Florida DDA MEMO TO: David Kovacs, Director of Planning & Zoning FROM: Frank R. Spence, Executive Director ~ DATE: April 4, 1991 SUBJECT: FIDUCIARY RESEARCH IN-LIEU FEE WAIVER (April 9 Aaenda Item Back-up) You are correct in your understanding that both the CRA and the DDA support waiving the $2,500 per space "in lieu of" parking fees for the above applicant, Fiduciary Research, which is seeking site plan approval on the Northeast corner of the intersection of S.E. 4th Ave. and S.E. 1st St. Both the CRA and the DDA are willing to recommend concessions to attract and facilitate the location of businesses downtown. They feel that the $2,500 per space "in lieu of" fee is excessive. Both bodies have previously recommended that the fee either be eliminated completely or drastically reduced. Since its inception years ago only the library has paid the fee. Such additional expense would be an economic burden upon new businesses coming into the downtown area. In this specific case, the Boards felt that the available on-street parking and the City parking lot behind this building which is used by the library and the Chamber of Commerce could easily accommodate the few cars this business would generate. This is going to be an ongoing problem in that the older businesses and buildings downtown do not have off-street parking. The City Commission has charged the DDA with coming up with a parking plan for the downtown which would include off-street parking and possibly parking garages. Because of the DDA's limited financial resources a financial package to fund this program would have to be developed. We believe we will have a better idea of what these needs will be and where after the Geographical Area of Exception (GAE) petition has been prepared. Also, we need to ascertain where private developers might be interested in going because they will become the new traffic and parking generators. cc: Alison MacGregor-Harty, City Clerk V David Harden, City Manager 64 S.E. Fifth Avenue, Oelray Beach, Florida 33483 · 407-276-8640 PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: FRANK SPENCE, EXECUTIVE DIRECTOR C.R.A. and D.D.A. t)~ FROM: D VID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: APRIL 2,. 1991 SUBJECT: FIDUCIARY RESEARCH IN-LIEU FEE WAIVER Fiduciary Research has requested a waiver of the in-lieu parking fee as it applies to their addition. I understand that both the C.R.A. and the D.D.A. voiced support for a waiving of this fee at the time that they individually reviewed the site plan modification. The City Commission will be addressing the in-lieu fee issue at its meeting of April 9th. So that the Commission receives the correct information from those Boards, would you provide a memo regarding their specific actions, the context of the actions, and what alternatives, if any, were discussed. The Commission packets are now prepared on Thursday; thus your memo early in the day is appreciated. It may be delivered directly to the City Clerk. DJK/dlm c: Alison McGregor Harty, City Clerk Fiduciary Research Project File DJK/#80/FRANKDDA.TXT \ '" . . r' DOWNTOWN DEVELOPMENT AUTHORITY City Of Delray Beach, Florida DDA MEMO TO: David Kovacs, Director of Planning & Zoning FROM: Frank R. Spence, Executive Directo~ DATE: April 4, 1991 SUBJECT: FIDUCIARY RESEARCH IN-LIEU FEE WAIVER (April 9 Aaenda Item Back-up) You are correct in your understanding that both the CRA and the DDA support waiving the $2,500 per space "in lieu of" parking fees for the above applicant, Fiduciary Research, which is seeking site plan approval on the Northeast corner of the intersection of S.E. 4th Ave. and S.E. 1st St. Both the CRA and the DDA are willing to recommend concessions to attract and facilitate the location of businesses downtown. They feel that the $2,500 per space "in lieu of" fee is excessive. Both bodies have previously recommended that the fee either be eliminated completely or drastically reduced. Since its inception years ago only the library has paid the fee. Such additional expense would be an economic burden upon new businesses coming into the downtown area. In this specific case, the Boards felt that the available on-street parking and the City parking lot behind this building which is used by the library and the Chamber of Commerce could easily accommodate the few cars this business would generate. This is going to be an ongoing problem in that the older businesses and buildings downtown do not have off-street parking. The City Commission has charged the DDA with coming up with a parking plan for the downtown which would include off-street parking and possibly parking garages. Because of the DDA's limited financial resources a financial package to fund this program would have to be developed. We believe we will have a better idea of what these needs will be and where after the Geographical Area of Exception (GAE) petition has been prepared. Also, we need to ascertain where private developers might be interested in going because they will become the new traffic and parking generators. cc: Alison MacGregor-Harty, City Clerk / David Harden, City Manager 64 S.E. Fifth Avenue, Delray Beach, Florida 33483 · 407-276-8640 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # liF - MEETING OF APRIL 9, 1991 AMENDMENT NO. 3 TO MAUSOLEUM SALES AND DEVELOPMENT AGREEMENT DATE: APRIL 3, 1991 This amendment to the Mausoleum Sales and Development agreement provides for the City to release escrow funds in the amount of $48,000 for construction of the mausoleum. The original agreement provided that construction of the mausoleum would begin when 33% of the crypts had been sold. Since crypt sales have not yet reached that amount, and it is mutually advantageous to make improvements at the cemetery, this amendment has been proposed. The cost of constructing Phase I of the mausoleum complex is estimated at $74,786. There is currently $27,152 in the mausoleum construction escrow account. The additional funding required of about $48,000 is available in the Cemetery Perpetual Care Fund. Account balance is $130,000. Recommend approval of Amendment No. 3 to Mausoleum Sales and Development agreement and allocation of funding from the construction escrow account ($27,152) and Cemetery Perpetual Care fund (up to $48,000) in the total amount of up to $75,152 for mausoleum construction. I b(){i(X1~ 1 I 1 1 , I 1 AMENDMENT NO. 3 I TO MAUSOLEUM SALES AND DEVELOPMENT AGREEMENT DATED JANUARY 5, 1988 This Amendment No. 3 made to the Mausoleum Sales and Development Agreement dated January 5, 1988 by and between the CITY OF SELRAY BEACH, FLORIDA, a municipal corporation existing by virtue of the laws of the State of Florida (hereinafter referred t.o as "City") and PREARRANGEMENTS OF DELRA Y , r NC . , a Florida corporation (hereinafter referred to as "Management") this day ot , 1991. WHEREAS, the City owns and operates cemeteries located in the Clt.y ot Delray Beach, Florida, which contains ...... certain vacant real estate dedicated tor cemetery purposes; and, WHEREAS, the City had previously, on January 5, 1988, entered into a Mausoleum Sales and Development Agreement with Total Pr~arrangement, Inc. , a Florida corporation, for the purpose of conduct.ing a sales program and con~truction of the mausoleum for the City; and, WHEREAS, Prearrangements of Delray, Inc. received an assignment.. of that agreement from Total Prearrangement, Inc. i and, - WHEREAS, .said.assignment was approved by the City and the agreement and Amendment No. 1 to the Mausoleum Sales and OevelopmellL Agre~ment was entered into on August 9, 1989; and, 1 1 ! , WHEREAS, Amendment No. 2 to the Mausoleum Sales and Development Agreement was entered into on September 20, 1990; and, WHEREAS, pursuant to Section 4 of the agreement, Management has des1gned and the City has approved a mausoleum comp,lex consisting of 180 crypts and niches to be built in Phasf:t::s 1, 2, 3 and 4; and, WHEREAS, Management is required at the earlier occur- r~nce of the fourth anniversary of the Agreement or the sale of thirty-three percent (33\) of the crypts to begin construction on Phase 1 of the Complex; and, WHEREAS, the sale of crypts has not yet reached -'. thirty-three percent (33%> of the total to be built in Phase 1; and, WHEREAS, the parties believe it to be mutually advantageou5 1n order to increase crypt and niche sales and improve Lhe cemetery to begin construction of tho mausoleum as soon as poss1ble; and, WHEREAS, the construction escrow fund contains $27,152.00; and, WHEREAS, the cost of constructing Phase 1 of the mausoleum comple~ 1s $74,786.00. . NOW,. T~F.Rf:.:f'ORF.: , in cOr.lR.tdexa I.ion of the pre01.il:ies, covenant.s elIld agreemonts herein contained, it is understood and llg1..oed by and beLween the pat-ties as follows: 2 '" I ~ , 1 ; I i 1- The City agree!! to release of the monies i I conta1ned in the construction escrow fund to be used in I I , I construction of the mausoleum. I I , I 2. The City shall provide Management with Forty-eight Thousand Dollars ($48,000.00) to be used to finance the const.ruction of Phase 1 of the mausoleum. In no event shall the monies the city provides to Management, when added to the monies available in the construction escrow fund exceed the actual cost of ~he construction of Phase 1 of the mausoleum. 3. The monies in the construction escrow fund and additional monies to be provided by the City to Management shall be made availa.ble in accordance with the draw schedule contained-.ln the contract between Management and Contractor. 4. Such contract shall be subject to review and approval by the City Attorney's Office. Should the contract between the Management and the Contractor not be acceptable to the City Attouley's Office for any reason whatsoever, this Amendmunt shall be null and void. 5. It total costs to complete Phase 1 of the mausoleum are in excess of Forty-eight Thousand Dollars ($48,000.00), such excess cost shall be borne solely by Manage- ment. J:o~u 1." Lh~rmore, Management shall have no rights to reimbuJ:!iement for suc;h costf't .thro.llgb_. ..fU..tll r..e. .monlp.s.. to. be.. deposited in the construction escrow fund. 3 I 1 " 1 I I j 6 . Payments c.:ontemplated by Paragraph 4(d) (3) of I I I the shall be paid directly the City I Aq.("eement to rather than the conslruct1on escrow fund until such time as the City has recouped its principal investment into Phase 1 of the mauso- leum. 7. ManagemenL shall pay interest accruing at a rate of twelve;! percent (12%) per annum on the remaining outstanding principal inveotment of the City as of May 1st of each year following the execution ot this Anlendment. Payment of the interest shall be due by June 1st of each year following the executlol1 of this AIl\endment. 8. Mllnagemellt may not begin sales On approved Phases 2'," J or 4 until such time as it receives City approval to p.t:oc,;eed with such a sales Campaign. 9 . Management is prohibited from entering into finanl:e aCCOunt. arrangements or agreements as such are defined in Paragraph 1(e). 10. Section 14 is hereby amended to read as fOllows; Section 14. Cancellation or Annulment of Contract Without Cause. The City may cancel or annul this contract without cause at any time during the duration of this Agreement, provided, however that in suc.:h event, the City shall furnish Management with notice of its intent to cancel or annul the contract, without. cause, at Jea~t 120 days prior to the actual effective dale of the cancellation or annulment of .~a.id contract: . Within thjrty (30) days of . th.e .. ~ .. - . .... - effective date of such cancellation or annulment, without cause, the City shall pay to Management Fifteen 1'housand Dollars ($15,000) in United States currency as liquidated damages. In addition to the 4 t I payment of Fifteen Thousand Dollars ($15,000), I Management shall be entitled to all payments due to Management pursuant to Section 5 of the Agreement, related to Sales made prior to the effective date of the cancellation or annulment. No other claims or damages may be asserted against City should the City elect to cancel the contract in accordance with this Section. 11- Paragraph 4(5) is amended to read as follows: ManagemenL shall maintain a sales office within the corporate boundaries of the City of Delray Beach. The loc~tion, size and general decor shall be subject to prior approval by the City. The effect of this change is to eliminate the requirement that Manage- ment maintain an office on the cemetery site but does not preclude such a possibility if Management desires such an office and the City approves such an office. 12. Section 12, Records, 1s hereby amended to read I llS fol rows: ManagemenL shall maintain daily logs of all sales activities which shall be available for inspection upon City's request. Within ninety (90) days of the City's request, Management shall submit to the City an annual financial statement audited by a Florida C.P.A. Certified Public Accountant, which shall include a statement of Management's profits and losses related to this Agreement with such revenue and expenditure detail as required by the City; provided, however, that no audited statement need be provided within two (2) years of a previously audited statemenl. City shall have the right to inspect all records of Management and shall have the right to audit any and all statements, books, or records. 13. In r.1dditlon to all other responsibilities and COV~Clant.s Mctnagemt:?nt may ha.~e I , t:.h:e'y gC?.. f u.r~l1:~J.:. ." a9 n~e not to .~ make any direct ~elephone solicitations tor the sale of crypts or nlches Qr engage in a phone bank sales operation. S ! I I ! 14. All portlonls ot the agreement and prior amend- menls not hereby amended shall remain in full force and effect. IN WITNt=SS WHEREOF, the parties hereto have caused this Amendment and three counterparts to be executed and their seals aLtested by their duly authorized officers all on the day and year first above written. AT'l'EST: CITY OF DELRAY BEACH, FLORIDA By: By: L City Clerk Approved as to Form: City Attorney ATTEST: TOTAL PREARRANGEMENT, INC. .~ .. . By: __.... - '- By: Witness Witness - (Corporate Seal) _ 4 .. 4'''''''' H _ _ . .. -.... 6 MEMORANDUM TO: David T. Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Mausoleum Construction DATE: March 25, 1991 Attached please find a letter from Russ Yeager of Prearrangements of Delray, Inc. concerning the construction of the mausoleum for our municipal cemetery. Per our meeting with Vicky Yeager on March 14, 1991, they are requesting the City front the approximately $48,000 necessary to begin the first phase of the mausoleum complex. As noted in their letter, the cost of the first phase is approximately $74,786 which would build the first phase containing 180 crypts and 96 niches. The Yeagers ar proposing to repay the City by paying us the 35% of the sale of the crypt or niche that is usually deposited in the escrow fund, in addition to our 25% regular commission until the debt is paid off. To date a total of 48 crypts and 12 niches have been sold. The Yeagers are proposing to finance their cost with the $27,152 in the construction escrow fund and the $48,000 they are requesting from the City. Accordingly, the Yeagers are also willing to pay the interest on the money fronted by the City. The reason for their request is that they have, as stated in previous correspondence, put a significant amount of their own monies in the operation of the business. Since purchasing the agreement from the previous operator, they have fully funded the construction escrow fund ($27,152) for the mausoleum, and the merchandise escrow fund ($13,995) for vaults and memorials, while paying the City almost $30,000 of the $60,000 in commission arrears that were deficient by the previous operator. Additionally, because of the unethical tactics used by the previous operator, the public was told the mausoleum would be built in one or two years and is understandably reluctant to buy a crypt or niche in a mausoleum that has not yet been constructed. This has provided for very few sales on a "pre-need" or "at-need" basis. The method of financing and constructing the mausoleum is similar to the way both Boynton Beach and Boca Raton have built their mausoleum complexes. That is, an independent company serves as the marketing agent for the City and sells crypts and niches on a "pre-need" basis. Once sufficient funds are deposited in the construction escrow account, the construction of the mausoleum begins. Our agreement went further and provided for the marketing of cemetery plots as well as crypts and niches. In return for allowing the marketing company 50% of the sales of burial plots, we received a higher percentage (25%) of the sales of crypts and niches, as well as 20% of the sale of vaults and memorials. '" David T. Harden Mausoleum Construction March 25, 1991 Page 2 During the negotiation of the agreement for the mausoleum complex a backgroud and reference check was made on Mr. Vocke. The background check consisted of civil and criminal investigations and came back okay and he received six favorable references. However, soon after signing the agreement, and unbeknownst to the City, he sold the agreement to a third party. This third party operated the business in an unethical manner and after an audit by the City, deficiencies were found in the payment of commissions to the City and the funding of the merchandise and construction escrow funds. After approximately one ( 1 ) year of business they sold the agreement to Russ and Vicky Yeager. Per the agreement, the Yeagers have until January 1992 to begin construction of the mausoleum and one year in which to complete it. Contractually, we have no obligation to provide funding for the first phase of the mausoleum. If the Yeagers do not begin construction by the aforementioned deadline, they will be in default of their contract at which time it can be cancelled. We probably have enough money in the construction escrow account to build a suitable small mausoleum for those 48 people who have purchased crypts, or we could build the first phase and market the mausoleum ourselves like the City of Ft. Lauderdale. However, I have been pleased with the manner in which the Yeagers have conducted themselves. I believe they have represented themselves and the City well with the general public and have lived up to the spirit and intent of the agreement. Recently the Finance Department conducted an audit of the Yeagers and found them in compliance with the terms of the agreement. A few years ago our cemetery was in deplorable condition, and although it still needs some physical improvements it is now a very well maintained cemetery. As you know, we recently opened the last remaining section of our cemetery, which will only provide burial space for the next 3 to 5 years. At that time, we will have to expand to the contingent 10 acres to the South which has a master plan previously approved by City Commission. The concept and terms of the original agreement are sound, notwithstanding the unethical conduct of the original operators. I think it makes sense to actively market the cemetery, especially the mausoleum which offers an alternative to traditional below ground burials. I recommend that we fund the $48,000 necessary to begin phase I of the mausoleum complex. The Finance Department has indicated there is $163,000 available in the Cemetery Perpetual Care Fund available for this funding. Because some of the members of City Commission were not in office at the time of awarding the original agreement, I have attached a separate report that highlights the events that led to awarding the contract. '" David T. Harden Mausoleum Construction March 25, 1991 Page 3 Please review and advise. " .-/ L-;, and Recreation JW: jmh REF:JW07691.DOC Attachments .. . ... Prearrangements of Delray, Inc. AGENT FOR DELRAY BEACH MUNICIPAL CEMETERY Itfic€ (II~OI,A' , I ;Ak .'"l 1;,..' i .f",. (,'el/ .,~. March 5, 1991 Mr. Joseph Weldon Director of Parks & Recreation 100 N.W. 1st Avenue .. Delray Beach, Florida 33444 Dear Joe, This letter confirms the meetings and conversations you, Vicki, and I have had concerning Prearrangements: specifically, our reluctance to invest an additional $100,000.00 of capital and uncompensated time and effort. During the past two years we have paid the City of Delray Beach over $100,000.00 in current cornnissions plus $30,000.00 of canmission arrears fran previous management for a canbined total of $130,000.00 revenue. In addition, we have fully funded the merchandise escrow at $13,994.51 and overfunded the construction escrow at $27,151.28. This gives us a grand total of $171,000.00 in payments to both the city and restricted escrow funds. We have not received any canpensation for our efforts, but have continued to invest our personal savings. I Previous managements uboiler roanu high pressure tactics were successful because verbal misrepresentations were made to customers: 1. S. H. 1 Oth street would be widened and a new cemetery entrance installed by 1990. 2. The mausoleum would be constructed by 1990. i Forty eight crypts and twelve niches were sold by previous management using these tactics. Unfortunatly, 4 of these customers have died and have been interred in the holding crypt or in ground. During the past year we have advertised on television and in newspapers to obtain mausoleum sales. While we were successful in obtaining potential pre-need customers, these potential customers decided against purchasing after visiting the cemetery. While the cemetery is well maintained by the city, it is necessary to approach it through a UBlighted Areau (this phrase comes fran the Palm Beach Post). Negative newspaper articles appearing three to four times per year have had an adverse effect on our sales efforts. Our two years experience operating this business make it apparent there are two essential components for this business to be successful: 1 . The mausoleum must be constructed now. 2. S. W. 10th street should be widened and a new entrance installed at the cemetery. We have lost approximately 13 at-need and 10 pre-need mausoleum sales this past year for the aforementioned reasons. 'Ihi.s equates to $50,000.00 gross sales, with a loss to the city of $12,500.00 in cornnissions. 110 East Atlantic Avenue · Suite 114 . Oelray Beach, Aorida 33444 . (407) 276-6601 . .' .. Prearrangements of Oelray, Inc. AGENT FOR DELRAY BEACH MUNICIPAL CEMETERY As of February 21, 1991, Newton Construction Co. has given us a revised quote of $74,786.29 for Phase I construction of the mausoleum, consisting of 180 crypts and 96 niches. Prearrangements current construction escrow is $27,151.28. We are approximately $48,000.00 short of necessary funds for this project. We are proposing the City of Delray Beach advance this $48,000.00 to construct the mausoleum now. We would reimburse the city at the rate of 35% of all mausoleum sales (this is the rate at which we currently overfund the construction escrow). The 35% plus the 25% city commissions equal 60% of gross sales. We would be willing to reimburse the city sooner if s. W. 10th street is widened and the new entrance installed. The City of Delray Beach has been very cooperative during our tenure and city staff has worked very diligently to help this venture become successful. We have equally attempted everything possible to this end. City staff, funeral directors, and many Delray Beach residents congratulate uS and continue to assure us that we are doing an excellent job of serving the corrmunity's cemetery needs. During the past two years we have worked hard to change the image presented by previous management. Our honesty and sincerity will continue to exert a positive image for the City of Delray Beach. Should you have any questions, please contact us. // RY Ita cc: David Hardin, City Manager Delray Beach Jeffery S. Kurtz, City Attorney Delray Beach J. Reeve Bright Esq. 110 East Atlantic Avenue. Suite 114 . Oelray Beach, Rorida 33444 . (407) 276-6601 In January 1987, proposals were requested for the construction and operation of a mausoleum at the municipal cemetery. For several years there had been dissatisfaction regarding the maintenance and operation of the cemetery and it was the stated goals of the City Commission, the Internal Audit Committee, and local funeral directors to upgrade the cemetery to include a mausoleum complex. The Parks and Recreation Department solicited Requests for Proposals and by the February 6th deadline we had received no proposals, although I had received some phone calls and information in the mail indicating interest. ,I was asked by the City Manager to follow up on these leads and the five (5) companies or individuals who expressed interest were asked to put their proposals in writing, keeping in mind the guidelines established by the original request. Two (2) local firms responded, Terrence Michael Lee and Associates of Highland Beach and Al Vocke of Total Prearrangements of Stuart. On May 19th, a committee of myself, Joe Dragon and Dave Nyquist, a funeral director with Scobee Ireland and Potter, met with the firms to discuss their proposals. Mr. Lee proposed that the City float a tax free revenue bond to finance the construction of the mausoleum and other capital improvements and contract with his firm for the administration, construction, maintenance and sales of the crypts and niches. Mr. Lee would pay the City 75% of the sales of the crypts and niches and retain 25% for costs and profits. Total Prearrangements proposed to do the financing, administration, construction, and sales of the mausoleum and to market cemetery goods and services. In return, Total Prearrangements would pay the City 50% of the grave spaces, 25% of all below ground crypts, crypts and niches, and 20% of vaults and memorials, and retain 50% to 75% for operating costs and profits. The committee felt the proposal by Total Prearrangements was the better proposal since it relieved the City of the financing and returned a fair revenue on projected sales. Mr. Vocke submitted a proposed contract that was distributed for staff review. Mr. Nyquist, since he was on the cemetery board of Boynton Beach, provided a copy of their mausoleum contract for review. During the negotiation of the contract, I requested a list of references from Mr. Vocke, his social security and driver's license numbers so a background check could be done, and a resume of his background and experience. His background check consisted of criminal and civil investigation and came back okay and he received six (6 ) favorable references. During negotiations, several local funeral directors raised some concerns about the proposed contract and Mr. Vocke which were checked out and/or addressed in the contract. Specifically they were concerned that Total Prearrangements might be allowed competing services such as funeral homes and cremations. Language was specifically added to the contract to address those concerns. Additionally, they raised questions about Mr. Vocke's background with a cemetery owned by the City of Stuart and his relationship with a Mr. Silverman, owner of several cemeteries. The City of Stuart was contacted and we were advised that Mr. Vocke had been a bidder on their municipal owned cemetery. A check was made with Larry Fulson of the Florida Department of Finance who oversees cemetery Trust Funds and he advised he never heard of Mr. Vocke. He indicated that Mr. Siverman did have some problems with his trust funds but when he became personally aware he straightened them out. After the contract was approved on March 10th, I met with Mr. Vocke, his general manager Phil Sheets and representatives of the Finance Department and City Clerk's Office. The purpose of the meeting was to decide how the City Clerk's Office would want the transfer of burial records back to the City and execute certificates of ownership, and how Finance wanted to handle the record keeping for payments, how escrow for merchandise and construction escrow would be handled, how withdrawal of escrow would be set up, who would sign off on checks, and record keeping for house accounts and financed accounts. Finance approved the forms submitted by Total Prearrangements with the payments and records made directly to Finance. Additionally, I asked the City Attorney's Office to review the letterhead, advertising materials, and purchase agreements of Total Prearrangements. The City Attorney's office had some concerns about their advertising a free grave space or credit for interment rights, which I had Total Prearrangements clarify in writing. Mr. Kurtz and I sat through an actual presentation of their sales talk and based on this items were forwarded to the City Manager for approval. I received monthly statements from Total Prearrangements which were also forwarded to the Finance Department for their review. At the end of the first year I requested an audit of their finances as stipulated by the agreement. Although not an accountant, I thought it was inadequate and forwarded it to the Finance Director and asked him to review it. At that time, an audit was done by the City's auditing firm and deficiencies were found in the amount of monies paid to the City and deposited in the construction and merchandise escrow funds. Restrictions were placed on the operation of Total Prearrangements by the City and soon thereafter their interest was sold to Russ Yeager with the City making modifications to the agreement to preclude the selling of business without the expressed approval of the City. NWlOUt STREET I -:-----=----....., .' h . - - :::~:-~~~~ I . .,- .... --, ) ,-q " n - ":-.': \:~\ I .' . CP: '., Q 0 \;~ _: ~ . _' .:.:t'; " I' ,: I . () I I' d!.)' - .. r) .. : ,(.' ~ . , '--~3- ~=- -_: ~ 8, _ ~',c.=--=: ,dt ), ') 1'{tJ,j'~ :\..:"::~_-:---~i--\' -- 1'- lJ" - - r\ - - . ,--, · - "n ':' >.- ;-::CC'. I \, ,.J I r - - - -l:J... -..' '.- 0 fT\ : ; I - _ aU J, i' c ,d J" ~~.~ :~:.-::.,:: II C\l ~ ~l . , . 1..__'_): f' ' - - - '-0 - - - I I (-T~;~~-~'~ !-;;~~ ,!---~--0:'j'~-~: 18 I I:~":Q' . :' ) 1I:1'~..'b \ I . : - - q)t: u__:l . 0 l~ J ~L-q}~-~;\t~ g;ii'-J-~ _c o)~L~~;~ I~ Ir- I ''''j('.;::' t) I.,,:; <8' ~-;: 8 I~ .. l;L:~=-r Iii ~.' f~~ n':'f~ ~-:'::: t.. f~-----' t--~----- II' -"'1 ~"~'-m'~ Q J ~ ~i~~~ L.{~i~_:~ :1" . :~:i ~.~~~-_.' ~~;j-{j I:u : c:o .;-:,:,t~-.:-:..::-:, 'If. P_' L.:c:.=.:J ---.'-----1. ): : : ::JJ-:-::~, ~. tLei ,C:::..':~-~ c\: -:;'F~-)8 I""". ---, ~ ~ ----,- - --------' :l- I i, . ... c:_~.. -:t.~ .-- -. -~~~ ...If,~ ~ i: ~;-~- ---~" Iii Q ".\ I ~ t.... ~~ :1 ;;0 ~.' . '\ / / I 1_ )> ,. ,\:'-J I I . r- ! d --.-J1j" ! ~ : . -= . t..~ ;- .~-= 0 C) . - \" ~. '-"""'--'-""--"---1 ''''f( . I . -"~L ,... . "., ',' wi I1III ; .~. .~" -,..,,-,., .. , . ,-' A-. - {-8. . 'I' ".J-' \ //-1 "m' " . . .1.'iIE - -- ( j , I... '-:. ., ___'. I .11" ;;0 I i/ :-'.' i -:,iTi:C~, :1.'1'1 o ' I ,- J I - e ~, ; : J ' ,t '. II' . ~J i'-, _ ,,:, . "II ' I I I J I f': _ __' .1 I '; m I " ,. ,_,) ~'.-'_--...:.:J', 'III. . Z )::-0 11m: il::;'i~r-('~~: .~: '.1:: :1..: V) . . // / J .\ ~ 1:::Jjtl~:~:J:.......,-~-':-; ~ fCr'C'\" ~ "4f / iI. "i!".lfJ.jl - ~ i.," / ': '7,1-,::'.~ ',..lJiJ.j ( g. ,J ': ,~- - ---- ~ -- --- ~~- i ',,'C'0~O()O-C5(;'O-01IS~O(~',q Ju'~~~ ,,'01..J::- ~ m - - - - - - -" l.r,,: I, I,!. ..1.., I~-:i- '" ~ ,L-...._ -- "'~ I,'.:. ,I "t\:,.\ 1'1 I ' P;;l ,I I r I II. ,11...,1 Iii I ".011, 1'llllU.it 'l5", . I I ,V,<".. ..lj,,',LlI1' I,L I ;!1~ \. I I jl\.'..... J.J~ J ,tid 1111. 1J.. m 1 'J-" . I'~ '^ \..'i 11',1. 'I '" .! I I, -/ I,.. C/ - ! l:',JL,J 2 '. I , - -' '-'-, rn '01' r" I'jljli,r, ~ J.--- --1 ! ~ ,~"Ij.,. ., II ~' : 01 I. !\, - I :lr""I'l.llll"~_"""~j '''r ~ ' r /1, I ., lJ ! '.ll ..I.J.\ '" 'I I It, :1,1.,. ,I, f ,I j'; "..., ~"I'" c ,. i .,......1"'1' ""',"1 '" I' 1.1.:-:' : ",' ,. ,...:, I" .r <1>8 I. I I l (:," ~ I..r: :v-.,,.J J'-o. " . --. " _ '-;.J '--_ ~ ,-,",-c'-I '(;....'u'-''-'-'-. J",; ,- - ~ .I.. " ~ ;;1 -,' -- -;;--1 (,",~-----SJ r -~-;-) :~~.-, 1.'---.1". '..', r -< CJ) <:> ------....-......- "'i":'_' j ;......l ~1".i:;_1 ;;l - ~"', ,-' - -- -- -- 'j' ;. '.; : ( , c. _ \ '" I' _ ~ i....~ ,-,-r ..1. i." ;, ~ :v 0 I, , ,. . 'j.j Ii ( \ Q) ~ C';.! !.,;: :! .:.- I ~ I~~ I j' C':'\' I'; 'C) I ' :.. I :---' 'I ., I '." . _ ._. -t., .'.-.'..' ]' . ( I '~....V'f'\ ,.,';.' i 1'..:1: iT: II j;.:~ I . _: rq ::: :'\. 1 I '.- .'"'-' i.j,. I I ;.. C I :-; I , -N' .! ! I ."~;:::! I , " I j ,.: ::: j:; i J::~ I I:' "1 I' " i ,. If I .1 d; ; j, ,- r---~--__ ~ --, ~_-~~I) i ":;.- .. M E M 0 RAN DUM TO: Mayor and City Commissioners FROM: Ci ty Manager 8'?1. SUBJECT: AGENDA ITEM # q~ - MEETING OF APRIL 9, 1991 SANITARY ENGINEERING SERVICES DATE: April 5, 1991 This item is before you to select three or four firms and authorize staff to negotiate and award contracts for sanitary engineering services. The staff selection committee ranked the applicants as follows: l. Hazen and Sawyer 2. Kimley-Horn & Associates 3. Eckler Engineering 4. Professional Engineering Consultants, Inc. 5. Barker, Osha & Anderson, Inc. As I have previously had good experiences with Professional Engineering Consultants, Inc. , I recommend that staff be authorized to contract with four firms rather than three. By doing so, we will have more flexibility in awarding service authorizations. Recommend selection of four firms and authorize staff to negotiate and award contracts for sanitary engineering services. '" i7\, t:;;"oq5: ~ , , i DEPARTMENT OF ENVIRONMENTAL SERVICES ~ M E M 0 RAN DUM ~"\. TO: DAVID T. HARDEN \ CITY MANAGER ~ THRU: WILLIAM H. GREENWOOD ~ I DIRECTOR OF ENVIRONMENTAL SERVICES FROM: MARK A. GABRIEL, P.E. ASST. DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER DATE: APRIL 5, 1991 SUBJECT: CONSULTANT SELECTION COMMITTEE - SANITARY ENGINEERING - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The Selection Committee members were as follows: 1. Robert Foy - Director of Utilities/City 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. Richard Tuttle, Assist. Director of Utilities, Palm Beach County, Florida. The Committee members present on Friday, April 5, 1991 at 2:00 P.M. to evaluate and rank the Consulting Sanitary Engineers were the following: 1. David Harden, City Manager, Delray Beach, Florida 2. Robert Foy, Tamarac, Florida 3. Mark Gabriel, P.E., Delray Beach, Florida 4. William Greenwood, Delray Beach, Florida 5. John Guidry, Boynton Beach, Florida. Not present. 6. Richard Tuttle, Assist. Director of Utilities, Palm Beach County, Florida. 1 of 2 , Firms selected to perform professional services on the Capital Improvement Projects listed in the Comprehensive Plan, Decade of Excellence Bond Issue and Public Utilities approved projects is \ as follows: 1. Hazen & Sawyer Boca Raton, Florida 2. Kimberly-Horn & Associates West Palm Beach, Florida 3. Eckler Engineering Coral Springs, Florida 4. Professional Engineering Consultants, Inc. Delray Beach, Florida 5. Barker, Osha & Anderson, Inc. North Palm Beach, Florida Staff request City Commission to approve the Selection Committee's ranking of consulting sanitary engineers. In addition, staff requests authorization to negotiate engineering contracts with the top three ranked firms. .M!(~~ Asst. Director of Environmental Services/City Engineer WHG:kt cc: MGWGDH - Consultant Selection Committee - Civil Engineer Interoffice Memos: To David T. Harden, City Manager Attachment 2 of 2 \Jj , r<\ W ~ ~ - :2 "1 <l /'-- t,>L ~ "V,'l--nN_ _.- --'..----- . - \ - --- ..-_._" -- - - (~ -.---- --,'- - -- - - - -... .- '.. ~~ '" '^ '(\ cSJ ~ I..... ~ I' \r\ \.-, <" ~ [" ~ , ~ ~ ~ <:> -- P- ~ ~" ~ ;-) \ VJ . ~\~ rJM~ IJJ '1I N1 ~ ~ V\ ,J ~ <1: 1-- ...: \r) N I- '?- \ ?;' ~ ~ , q I ~ l2: :;:) ~ 0 ~ ~ 8 H p:: 8 II( U ~ :x: P4 ~ - -t "^ M N U ~ ....:! <::) .ce Q rz:I l!.. ~ tIl In 00 .~~'U ~ E-t :>t U ~ -> ~ H '!J > 8 ~ --- ~ \t} "'1 N H p:: ....:! ~ rz:I ~ ~ " Q 00 00 \8 l2: rx.. ....:! 0 0 II( U C) E-t ~ \.J\ :>t l2: >t ., \J\ ~~ 8 rz:I p:: ~ N I~ \r\ - H ~ ~ \\ N U c.::.I. 0 H ~ p:: l2: H II( - . ~ 00 ~- ~ ~ ~ ~ - l'f'I V) A ~ ~ ::t . .. U . . . . 0\ , ~ J::U UU UI J:: . 0 HO J::J:: J::J-t . &011 ..... U en .. 10 HH HQ) U J-t 0 \ I-l Q) "10 Q) 0 .c: Q) 10 10&011 en Q) Q) J-t.ce Ig .. .. ..e:: 10 ::I Q) . 10 Q) +J '0 l:lc: CD IOId . ..... 10 .c: J::U II( .J.J'O ~ ~ U ...-t&oll Q)J-t J-t0\ 1011( U .....J:: Cd...-t '.-1 .ce ::E: CD ......J.J Cd t-:)e::1O J-t 00 .O\H '0 ..-fCD 0 CDJ:: J-tld :s rz:IQ) Cd &a U ~ .. c:: U..-f A.t ~ ~ .c:0 CD..-f - J-t .. .J.Je:: &aJ:: Cd O~ . ~I ~18 CDU ~I~ ~ ~Id .c:J:: H 10 IO.J.JU Q) Cd I-l C::O c:: ..-f UJ-t >t r-l.J.J c:: 101dC:: .-I .c: Q) &as lti : Ide::U 000 CD . Ide:: 0 II(:X:H .0 en en 0 Id I-l CD 0 :x: r-le:: e::1d U ..-1 o en 'O.c: c::.ce e::oo CJ:X:IO '01 ~g O~Cd Cd .. .. en Q) .-18 rz:I I-l 10 e::>t ..-fr-l:S .J.JIOI-l en .. I-l CD &011 0&011 . &011 .ce Idr-l ::I..-f 10::1 Q)SQ) 0 I-l . Cl ...-f c:: I-l .c: 8 ~g I-l . In c:: 1010" .SIdC:: Il4 Q)U U~Q)CD IOJ:: e:: .c:Q)U I-l CD e::CD UQ)..-fO .!.( ~ Q., e::...-t >...-t Q)CD Q)C:: .J.J~C:: .J.JQ) ~01Oe::1-l...-t~ I-l Hila H ::I Cd'!'( ..-fCD N.c: e::..... ..-f H lOt-:) o U Q) H C1>r-f 00 Cd Cd IdI-lU I-ll-l IdO 0 CD..... 0 I-l CD .c:..-f l:Q U UUrz:I rx..CJ :I:t-:) to:) ~~ P. P4 p:: OO~ '" (~l (\t) (j'.\) (~{ f". .) } ',I j II) A \ I .-I~ \}\ ~ \'\ ~. \1\ \"- ~ :.>:J ....... {", (\ \ ,:,,' ) N (,J -..J) It!~ '..S\ \r: r-... ~ \.) ('.) In -.!J '~: ::t \;) I"- 'v'i " \/) ~ Gel ~.~ o 0 8A4 Y . u ~ l " ,.) 0 II) \. ~ '-., ) '.. ~. "--0 N .~ t-- r:..-..'l f)q \t\ (I "0 _<I \. :,' ~ \. ~ '- -,- -..., ---- "-" -- ...... ) .~ -\. ....... I l~~ ~ I f ( .~ 3 X ~.d\ ~..!< 0'-1-1 a ~ , \', .,.--\ ~.. .-P+-lO ~., ,).:.:, \'. ',n 1\1 \ \I) S. .......0 .\ ' \ ~ \' -"{-' ~~ . 1/) ........ "- It! +J en Ii-l \,,' \/) ~ ~ ~ \ \ <:l V) \.-) l'-- ~ '~,) () t'-.. \n 8 0 It! .......... \,) ~J 'vI "-.. ....... '- ' ' "'-... :z; N +J ......... "-.. . '. '. ""'- rs:I :z; en ~ 0 8 H 0:: 8 ~ ~ lC( u ~I \.j r.J C\ ~ ~\ ~ " l \i} -....~ ,~ ~\ :x: ~ rs:I 0 r I~l (\ ... U rs:I H M "- ........... '::-{ \.{ 7\ "- ... " ........ "- "' ........... ". IC( 0 rs:I 1'-'1 1'\ rs:I Ul m Ul rs:I 8 >c U Z . ~ H ~ U ~ ~ 8 10 . 'vJ ~ r\ 'A ~ r\ ,"') ~ \ ~ \ (",t ..:I S H ~ N\ "\ II) '\'{ rs:I rs:I . " ' J') Q 00 00 p.. :z; ~ ..:I 0 0 IC( U ~ .-I >c >c .0:::3 8 rs:I P: 0:::311) \' \'- ~ K' -J ) '.,\ ::t \-.) ~ 1>() "t. ........g ~ () \,) H ~ IC( ......en~ Vl '\ U 8 0 0 H U P: :z; H ~ ~ 00 .-I rzt, It! Itl I-I~ \'1 <'-> (> tv\ i-- ~ C''') ~ \ "i' \} (\)It! IV) \. VI ") \n (:-t ~ ~o (\) .. -~'. t.!) '. ., "r., . .. U . . . . 0'1 r:: ~ U U U UI ~ . 0 H 0 s:: s:: s:: S-4 . 108 .... U II) .. Ul H H H CD U S-4 0 1-1 (\) "'Ul CD 0 .d CD Ul UlIo8 rn (\) (\) J..I IC( g '" .. .. ~ Ul ::f CD . Ul CD +J \j Ill:: CD Ul III . ..-4 Ul .c: S::U ~ .ioJ 'tJ ~ r:: U .... 108 CD S-4 S-4 0'1 Ul IC( U ....s:: ttS .... ..-i < ~ CD .... ~ CS t-.J ~Ul J..I 00. O'IH 'tJ ..-4 CD 0 CD ~ S-4 CS ::E: rs:ICD CSIo8 U s:: ~ U..-4 A4 ~ ~ .c: 0 CD ..-4 J..I .. .ioJ ~ ~~ rs:I .. CS O'H . ~I ~ IB CD U 0 ~ .ioJ t'~ .c: s:: H Ul Ul .ioJU (\) It! 1-1 ~ 0 ~ U J..I ~ .....ioJ ~ Ul CS~ .-I .c: (\) ~ S ~ ID &.If CS ~U 00 0 CD .. CS~ 0 IC( :E:H .0 rn rn 0 ID CS S-4 CDO :E: ....~ ~CS U ..-i 0 rn 'tJ .c: ~ IC( ~ 00 t!) :E:ID 'tJ 1 ~& O.ioJ III Id '" .. II) (\) .... 8 rs:I k . s:: ~ .... .... ~ .ioJ .k rn .. k CD &.If 0 &.If . &.If1C( Id ...... ::f.... .::f CD SCD 0 1-1 . Q . .... s:: k .c: 8 k . fQ~ .Ul '" . S CS~ A4 (\)U U 'H CD CD ID ~ ~ :g .c: QJU k CD~ QJU CD ....0 ~s:: ~~ ...... > .... CD CD CD ~ .ioJ ~~ .ioJCD 'HO IDS:: .... .....ioJ kH e:H ::f CS J( ..-4 CD N .c: ~.... .... Ult-.J OU CDH CD ....00 <U It! CS k U k S-4 CS 0 0 CD ..-4 0 k CD .c: ..-4 m U U~rs:I~t!):E:t-.Jt-.J Ill:: Ill:: P. ~ P: 00 ~ ,. \ ,. . .,Y /Y ~ at- \.n....3 : 'g N" IV) r-.. -.;t- ~ en ...-t ~ _""- IV\ V) ~ Ir\.. nj c: N '\..9. r \J)I\A:I"'-'" () ('- ct' .', ~' y ~ ~ 'd -,5) l r. ~.~ ~!MI~t- ~ '1 t.' \Y) V} ~. t(\ V\ 8114 ~1 o ~ ,,~ \) _(J ~ () \. ('> ~ ~ ~ () ~ \t) ~ \&) N ~ ~ ,,~~~ '1' , ~ "- ~ ~ >: ~~ 0'1-1 I' ~ \)O~~~.t: \'-~ ~ Q \) ~~ 0 .-l~0 '" ,," "' " ........ '" "'" ~~' - nj +J en '+-l E1 ~ ~ ~ Z lr) '<J) ~ Is) '" ~ '" ~ ~ ~ ~ \~ ~ ~ rzt z en ~ B P: E-t :x: ~ ~ 0 il \~ r<'\ _~I~to ~ ~ \1\ ~ C), 'v) ~ \t) \:) VI ~ o rzt H M. ~ I _'''''''' N ~ ....... t.J " ,,'1\ ':--. " -.... N ~ Q rzt 1l4" ~' , rzt 00 , ~ 00 ~ 8 ~ >t 0 Z. ~ ~ H ~ U ,\1) t1 : ~ LO ~ \J) ~",\~~~",,\1~ \0"1 \r N N \itN \I) Q 00 00 Il4 Z 1St H 0 o ~ U >t E1 ~ n~ ,~\ ~ \_ E4 rzt Cl: 0 ::1 00 \:) ~ ~"" "'I~ ~ ~ t<'\ ~ \l \() ~ 'J'I~ a H :g ~ .-lenc: "" ,,~--... '" ......... o Z E-t 0 -..;: o H U "- P: Z H II( ~ 00 ...-t rzt njnj . I-I~ \J'jrJ \() CV nj \ r\ \r).r. l.t) ~ "",.Vi I..r) ,I N ~ m ~ 'W) \f) c:o ~I., . CV t!J . ... u.... t:7\ c: S::U UU UI s:: . o HO S::S:: S::~ . ~ ~ U en , . HH H. U ~ 0 ~ cv '. . 0 ~ . . .~ 00 CV CV ...~ .... ..S:: lD::1 ... . ~ '0 ~ . ~lIlG ..... II ~ s:: U~ oI-J" r:: r:: u ..-f ~ r:: .... ... Ot . ~ U .... s:: lG ..-f ~ < :f: . ~ .... lG .., s:: II ... 00. 01 H " ..... o cvs::~a~ wcva~ us:: s:: U~ Il4 \AI ~ ~ 0 cv ~ ~, .... s:: \AI s:: rzt .. a 0 It-4 . EI ~ . . U 0 . -4J >t a ~ s:: H lA . oI-J U cv 1-1 ~ ~ S::O s::1-I....01-l >t rlol-JS:: .1US:: ...-t ~ ~ CV \AI:~~II~~as::uooo . ,as::o ~:X:H ~ ~ en en O,~II al-l.o :x: ..-fs::s::ao ~ 0 lQ 'O~ S::-C S::tnO:J: 11'0 I ~! 0 ~ a a..... lQ CV ..-fE-trzt ~ 1Is::>t Ov~..-f~ ~!~ en ... 1-1. ... 0 '" ... -C a..-f ::1 .... . ::1 .. o 1-1 .0 ..... s:: 1-1 ~ Et ... .~ S::.II ... . Ei s:: ~ .0 O~..IIS::S:: II~~.O ....s::.0.....0 ~s::~s::..-f>..-f...15.s::-4JAs::oI-J.~01ls::1-I..-f~ I-IHSH~lG~.....N~s::~~aH...,oO.H...-ft1J lG ~ a~O~~lGOO ..... 0 1-1 . ~.... ~ u oow~O:x:~.., ~~ ~ ~ Cl: oo~ , '" j ,.:; ~~' I') ~ 4) N ..J : . L~ .-::l.\ (' ~, ('" ~'"\ " ~ .' C --- . , '~ . tJ) \~t';J ~ (~) (~: I lc] ('" \ ~~~. ' (~\,r; r-l ~ '. ('G,.' f' r, r-.. ri ,,{.J / ~ \.r ~) . Iv I~ '\ IV) l" -" <.l "-'" res c:: K ~,I""" ~ ~ ~ \fi b.:> l")"::t ',\;I ~) '-'I '<I I'< , ~j) ",l-l~: +J..... ~""""" ",.J"..... 0 0 "" ., E-t A.t ~,~,.'; \. .~~ . ~ 0 ~ 0 i.l.:f.: (" <:-l '( \".. If. ~'\f (j \,-) I \'1 <') \ l\ N.r-t __ - ~ ......,,- J........ ' '"" -11 -,. ~ \ +J ..... , X ~~ 0...... ~ ....,: v' tf.) ...... 4-1 0 \..0 (j ". <~, 0 ,.! <.: ~ I' r,,1 <:'1..1 i,' -.2 ~" 4-1 ~ --......-.;. res .jJ tf.l lI-4 E-t 0 ':ri c..., ~ \., \, ~ \;) \,. \-\ " \1) ),/) () ,;\ (..) \J': '.. Z N +J -- ...' ..... '\4) ...... .::.. - -. ~ ~ tf.l ~ ~ 0 ~ E-t H p:: E-t .~ lC( U.I ~ ::x: P4 ~ 0 ~ rI ~ 0 t I~_ \1) ill ~ t-\ 0 In \<) \\) \') \.) () U ~..:I M' ~ II) 'I"~ _, ~\ ~ - -.. __ _ _. .... __ " lC( a ~ A.t -- N .... -- " I~ '" rz:I Ul ..... m Ul ~ ~ E-t t ~ U Z' < lC( H lC( U tx: :> E-t 10' ..:I P:: ..:I H \.J) N'\ ('<" .::t- l, .~ .~)Itr - _ ,/\ 1- lV\(\ j..... N ~ ~ ~ ::> . ) 'I) ~.... Q Ul Ul A.t Z IS.. ..:I 0 o lC( U E-t r-l ~ Z >t ..Q:;j E-t M tx: 0 :;j III I (j H ~ lC( ...... tf.l c:: Cl " '-<\ ~ "f) Irj -:t- -. t.l N) 0- 0-- 'S C- -c If} (J U Z E-t 0 - o H U ~ ~ ~ Ul r-l M res res \.i ~.jJ ) ~ ~ l) \"') rl\ I,j) \.;) \'1 "J L) ;'. ;,1 If) t<\ r~, 11) \1) ;J \..r) C!> . ... u.... t:J1 c:: C::0 00 01 s:: . o HO S::S:: S::~ . ~ ~ 0 00 ~ m HH H~ 0 ~ 0 ~ ~ ~m ~ 0 ~ ~ m m~ 00 ~ Q) ~lC( ~~ ~s:: m:;j ~.m ~ +J '0 ~ ~ o.'lnltS .~ In ~ S::01l( +J'O c:: c:: U r-l~S::~~ ~~ m< 0 ~s:: ItS...... ..... lC( ::!: ~ ~ +J res .., s:: In ~ Ul. ~H '0 ~ ~ o ~s::~res~ rz:I~ltS~ os:: s:: U~ A.t olJ olJ ~O~ori-~~ +JS:: ~S::rz:I~1tS 04-1. Ell 3: In ~ 0 0 ~ +J >t ItS ~ s:: H In In +J 0 Q) ~ res ~ S::O s::~~0~ >t r-l+JS:: mltSs:: r-l ~ ~ Q) ~D~In~~ItSs::UUlO ~ ~1tSS::0 lC(~H ..Q IS.. 00 00 o~m 1tS~~O ~ r-lS::S::rcso ..... 0 00 'O~ s::< S::UlCJ:I: In '0 I )( ~ O+J es ItS ~ .. 00 Q) r-lE-tM ~ Ins::>t O~~r-l~ +J1n~ U) .. ~ ~ ~o~ .~<esr-l ::J~In::J ~s~ o ~.o .~s::~ ~ E-t ~ .ms::mln... .sess:: A.t Q)U O~~~lnS::S:: m~~~o ~~s::~o~~o ~C::~S::r-l>r-l~~~S::~S::+J..QS::+J~~OlnS::~r-l~ ~HElH:;jItS)(~~N~S::~orieHIn"'OU~H~~Ul res ~ ItS~O~~~OO ~ori 0 ~ ~ ~~ ~ U UU~IS..CJ~~'" ~~ P4 ~ ~ Ul~ /' (~8 (,~ 0) \ -'.... ..) I , - _, _ tI) ,r f/'<I--:'~ ...." i ~;' -- ". " 4. . () ~ ~ ~ l~ \1) :) \'J 0 ~ C) '-) I\; t'\ ~ ".\' W ~ Q ItS ~ I t"--.. " t' ~ '91lr.~';j IJ) '0 ~ \, ' +J .... I J) \/""'\ 0 0 f'o.-.,J E-t tl4 ~ . -- -1-1- ..- -- \' 0 ~ '- \>- ,0 'lI ~ d \'\ \)Q t.... '\1, . f) t'--- (", , ~ ~ N ~ ~ " , " ' , , , , ',' , ~ ~~ ~ ~ ~ ~ g 14) v.... '" 10. l' '" <l- iJo t'. 0., '" '" l ~~ 00 \ 8 0 ~ - ~ 1'1 ~ \J ~ c" ~ ~ ~ \ N' _0 \,.1 ..0 Z N -4ol '........-..... ....." .....1....... "....... ...... ....... '- .... ~ Z 00./ ~ ~2 ---,/ ~ 8 II:( u .1 l :r:: p. ~ o:g ,~\.J1 \). " t'. '" '11 t... .J) C) fl\ '-1) t I u ~...:I M' ..., N..... t-1 N ..... ..... N N ,'.\ ~\ q {. I II:( 0 ~ tl4 . ~ tIl en tIl ~ 8 >t u Z . ~ H II:( U ~ > 8 an. CV) 'CY) ~~ \'Y) ~ ':i. Ii) ~ \', . J ,.. ff' <Y) ~ ~ ...:I M -, ~ ~ rs1 ::> . o tIl tIl tl4 Z ~ ...:I 0 o II:( U 8 ~ :>t Z:>t .Q::S 8 ~ ~ o::s~ ~ n ~ ES .-I tIl 5 ~ \'......9 ~ I tx: I - Nl 0- \x, " t'-. t-" f'. o H (J ~ Z H II:( ~ tIl ~ ~ ItS ItS . ~ ~ ~ ......) ~n N ('I) t"1I -.1 M. V\ . """' N' ~ Q "... / 'i. ('1) '1 ~) "/ Q) c.!J . ..... u-... t::J\ ~ ~o 00 01 ~ . o HO ~~ c::J.t . c.8 ..... 0 ~ ' m HH H~ 0 ~ 0 ~ Q) -m ~ 0 ~ ~ m mc.8 ~ Q) Q) ~II:( -- -~ m::s ~.m ~ +J '0 ~ ~ tfm., ..... m ~ C::O< 4J't7 c:: c:: 0 ~c.8C::~~ ~~ m< u.....c:: CS~ .... ~ :g ~ .....4JCS ~C::m~ tIl.~H't7.....~ o ~c::~cs:g ~~csc.8 OC:: c:: u..... tl4 c.8 <.fl .r::0~.....-~-....c:: c.8c::~..cs 0'W. 81 ~ m ~ U 0 ~ .... >e cs ~ c:: H m m 4J U Q) ~ ItS ~ C::O c::~.....o~ >e ~4JC:: mcsc:: ~.... ~ Q) c.8~,~mc.8l~csc::otllo ~ .csc::o <:eH .Q ~ ~ ~ ovm cs~~o :r:: ~C::C::CSo .... 0 ~ 't7 ~ c:: IlC c:: tIl (!) :e m 't7 1 )( ~ 0 4J CS CS.... ~ Q) ~8~ ~ mc::>e o~.....~X 4Jm~ U1 , ~ ~ c.80c.8 .c.8IlCCS~ ::s.....m::s ~E~ o ~.Q ......c::~ .r:: 8 ~ .a:ac::mm... .Ecs~ ~ Q)U o'W~~mc::c:: mQ~~u ~~c::~U~.....O ~C::~C::~>~~~~C::~C::4J.QC::4J~'WomC::~rl4J ~HSH::SCS)(""'~N~c::""''''''eHm~O(J~H~rltll ItS Q ,-' " +J...-t W \ ~ "-~ r- r- (f' ~ r- ~ ~ 1-- C", \'- '\ o 0 I~ 80.. U 0 Ul ~ \'.( \ N .-4 \r) 0 ~ :~ \i) <x: ~ \r) '- I~ '0 :z I~ () ----. ~ \, ) '--- --...... "'- "- " "'- '-. '. " , \ +-l I -1 X ~.!o: o"~ \>.., II'- \' ~I \,,-, \-. c~ 1("- ["-- rl4-l0 f'- ~ '-.9 I\' (y..> G" ~ 4-l~ CO +-l en 4-l 4-l ~ \.j 8 0 CO \() 0 l\i I~ I~ 1..0 0" C'- 'V ('-' \.) \'--. '.{) N) Z N +J --- --..... I' 1"- "- , ----. --- --- ....... ", --- '---- ,,, -S" [it Z en ::E: 0 8 H 0:: 8 ~ u ~l N N I-S () ~ :x:: Po W 0 l' 0 \f) \f\ \r) "-l ~ ('\ 0 \C) 0 \.l) U [it H (V') ~ C'--( ~ 0 [it \"\ " \'.1 IN ~ N N , ~ ~ '\ "-l Gt C\( -- [it (/) at (/) [it E-t :>i U Z . ~ H ~ U :> 8 10 . """ I~ ~- ~- H 0:: H H "o:t r<) "') ~) r<) \.r) IY) ~ - "') ~ '"'T \'C) [it [it ::> . 0 fJl {J] 0.. Z rz.. H 0 0 tC( U ~l 8 ...-! >t Z >t .0;:1 <. E-t [it 0:: O;:1U) ~ l' l'- ......9 I.)C ~ r-- t>o '; ..\.) .....5 lJ-.-) H ~ ~ rienc '---- r-- ....9 ~ ~ l.'X:) '()<.:, U 8 0 --- 0 H U : 0:: Z H ~ ~ ~ fJl ...-! [it, ~ CO \..l+J 't= ~ OJ ~ lr\ "'t' N \V) ~ v) { """\ ...r "4 ~ \.c) ",1 Ii) '-<) ~Q ") ~ OJ ~ 0 H . .. U . . . . Ot :s c ~U UU UI ~ . 0 H 0 ~~ ~H . ~ ..... U U) .. III H H H CD U H 0 ,~ \..l Q) .. III Q) 0 J:: Q) III IO~ .~ U) OJ OJ HII( ItJ .. , .. ~ III ~ Q) . III CD +J 1:1 ~ CD 1ll<<S . ..... III J:: ~U tC( ~ '0 C ~ U r-I ~ CQ) H HOt III ~ U .....1: <<Sr-f \j -.; II( ::E: CD ..... +J IlJ t'") I: III H (/) . OlH '0 ..... CD '-.) 0 CD I: HIlJ ::E: [it CD 1lJ~ U t3 .. I: U..... , 0.. ~ ~ J:: OQ) .....- ~ .. +J I: ~I: IlJ Olf-l . '- ~I ~ ~ CD U 0 ~ +J >t1lJ J:: ~ H III IO+JU ~~ ~ Q) ~ \..l J:: 0 C H..... U H >t r-f+J I: 101lJJ:: ...-l .c OJ ~ E: t; III ~ CU J::U {J] 0 CD .. CUI: 0 tC( :I:H ~ .0 U) U) 0 III IlJ H Q)O :r: ' .... I: I:IlJ U ...-t 0 Ul '0 J:: J:: < I: {J] CJ :r:1ll '0 I t;g O+J IlJ IlJ .. .. U) OJ r-f E-t w H III I: >t ...... .... ::E: ~ IllH U) .. \..l CD ~ O~ . ~ II( <<S .... ~..... Ill:! CPE:CD 0 ~ . o . ..... I:H J:: 8 :g H . ml: III III .. . E: IlJI: p.. Q)U U If-I Q)Q) 10 J:: I: ..c: CDU H Q)I: CDU CD .....0 .!o:1: 0.1: .... :>.... CD CD CDJ:: +J ~~ ~CD If-IO 101: H ....+J \..lH EH :j 1lJ,.!( ...... CD NJ:: 1:...... ..... lOt'") OU CDH CD r-f (/) ((j ((j CU HU H H CUO 0 CD ...... 0 H CD J:: ..... OJ U U U w rz.. CJ :x:: t'") t'") :w:: ~ Po 0....J- 0':....9- r~ '>..9 ~ t:::P ~:!.O""~~. ~ ~ = ~ r - - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ",9M SUBJECT: AGENDA ITEM # q1f - MEETING OF APRIL 9, 1991 SERVICE AUTHORIZATION NO. 17 DATE: APRIL 3, 1991 This item is before you for approval of Service Authorization No. 17 to the contract with Post, Buckley, Schuh and Jernigan, Inc. in the amount of $116,791 for bidding and construction services for improvements to the North Water Storage Tank and Pump Station, and the booster pump addition to the South Pump Station. This project has already been designed and is ready for construction. This Service Authorization covers bidding phase services; conformed documents and preconstruction meeting; construction phase services; start-up services; project close-out and record drawings; and resident project representation and miscellaneous engineering. Funding is available in 1984 Water and Sewer Revenue Bonds (Account No. 441-5162-536-60.93j-balance $133,980) and Water and Sewer Repair and Replacement (Account No. 442-5178-536-64.11j-balance $725,000). Recommend approval of Service Authorization No. 17 in the amount of $116,791 with funding from 1984 Water and Sewer Revenue Bonds (Account No. 441-5162-536-60.93j-balance $133,980) and Water and Sewer Repair and Replacement (Account No. 442-5178-536-64. ii/-balance $725,000). I . I! - ~ . 1// Ib j)1f. !/6-t&/}I1. - '131J o;{~llu~f/{h// />>jftpt4 /J1tYfC"~a Item No.: AGENDA REQUEST Date: April 1, 1991 Request to be placed on:' XXX Regular Agenda Special Agenda Workshop Agenda When: April 9, 1991 Description of agenda item (who, what, where, how much): Staff requests City Commission to approve Authorization No. 17 from PBS&J for the bidding and construction services for the improvements to the North Water Storage Tank and Pump Station and Booster Pump addition to the South Pump Station in the amount of $116.791. Funding source will be 441-5162-536-60.93 (1984 W&S Bonds - $140.500) and 442-5178- 536-64.11 (R&R - $725,500). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends City Commission to approve Authorization No. 17 from PBS&J for the bidding and construction services for the Improvements to the North ... Water Storage Tank and Pump Station and Booster Pump addition to the South Pump Station in the amount of $116,791. Department Head Signature: $;js.~ -~~CJ~ Determination of Consistency with Comprehensive Plan: "'!" City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: fi) / NO Funding alternatives: (if applicable) Account No. & Description: ~fE: A:~\I;; Account Balance: r::~:?)lq5(D + 1 '2C; , SlD City Manager Review: Approved for agenda: @/ NO M Hold Until: Agenda Coordinator Review: Received: 4/,( 9 f Action: Approved/Disapproved "" AUTHORIZATION NO. 17 TO AGREEMENT Entered Into and Between CITY OF DELRAY BEACH, FLORIDA 100 N.W. First Avenue Delray Beach, Florida 33444 Dated December 20, 1988 And POST, BUCKLEY, SCHUH & JERNIGAN, INC. 1560 Orange Avenue, Suite 700 Winter Park. FL 32789 For The BIDDING AND CONSTRUCTION SERVICES FOR IMPROVEMENTS TO THE NORTH WATER STORAGE TANK AND PUMP STATION AND BOOSTER PUMP ADDITION TO THE SOUTH PUMP STATION Post, Buckley, Schuh & Jernigan, Inc. (ENGINEER) shall provide professional engineering services. as hereinafter described, to the City of Delray Beach (CITY) for improvements to the existing north water storage tank and pump station located at 200 N.W. First Avenue and a booster pump addition to the south pump station located at 434 S. Swinton Avenue. 1.0 SCOPE OF SERVICES 1.1 Bid Assistance a. The ENGINEER will distribute contract documents to parties who respond to the advertisement for bids. b. The ENGINEER shall prepare cl arifications (and other addenda) whi ch may be required during the bidding procedure. It is understood and agreed that the ENGINEER shall make reasonable efforts to prepare addenda and make them available to the CITY at least seven (7) days before the bid opening. Addenda will be reproduced and delivered by the ENGINEER. by certified mail or UPS, to all holders of plans and specifications. c. The ENGINEER will attend and conduct a pre-bid meeting at a location designated by the CITY. The ENGINEER will prepare minutes of the meeting and distribute copies of the minutes to attendees of the pre-bid meeting and plan holders. d. The ENGINEER will assist the CITY in reviewing bids received, providing its opinion of the bidders' responsiveness, and make written recommendations as to the possible contract award. 1.2 Conformed Documents a. Following the CITY's issuing a Notice to Proceed to the successful Contractor. the ENGINEER shall prepare and del iver up to twenty (20) conformed sets of documents to interested parties as required, including the RPR and the various design disciplines. 1.3 Construction Phase Services a. Make up to two (2) visits to the site at intervals appropriate to the various stages of construction to observe. as an experienced and qualified design professional, the progress and quality of the various aspects of the contractor's work. The ENGINEER shall make written reports of its observations and findings as necessary to fulfill contractual obligations. b. Issue necessary interpretations and clarifications of the contract documents in the form of Requests for Information (RFI). c. Review and approve (or take other appropriate action in respect to) shop drawi ngs. samples, and other submitta 1 s or resubmitta 1 s which the Contractor is required to submit, but only for conformance with the design concept of the project, and only in compliance with the information given in the contract documents. Such reviews and approvals (or other action) shall not extend to dimensions, means, methods, techniques, sequences or procedures of construction, or to safety precautions and programs incident thereto; the review shall be effected within thirty (30) days of receipt. d. Evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor as deemed appropriate by the ENGINEER. e. The ENGINEER shall prepare necessary change orders for negotiation and approval by the CITY. Change orders resul ting from a change in scope will be considered additional services subject to additional compensation. f. The ENGINEER shall participate in project coordination activities such as telephone conversations with the involved parties, coordination with key project personnel. etc. g. The ENGINEER, as the CITY's representative. may recommend special inspections or testing of the project work, and the ENGINEER therefore agrees to receive and review certificates of inspection. tests. analyses, permits, and approvals as may be required by local, state, or federal laws, rules. regulations, ordinances, codes, orders, decisions (whether judicial or administrative), necessary for the project; however, the review shall only lead to the ENGINEER's determination that the content of these items generally complies with the requirements of the contract documents. Materials testing and surveying are not included in the ENGINEER's scope of services. h. The ENGINEER shall review manufacturer' s maintenance and operating instructions. schedules, guarantees, bonds, certificates of inspection, tests, and approvals which are to be assembled by the Contractor in accordance with the contract documents. Such revi ew. however, wi 11 only be to determine that their content complies with the requirements of (and, in the case of certificates of inspection, tests, and approvals, the results certified indicate compliance with) the contract documents. An O&M manua 1 wi 11 not be prepared as part of the Scope of Services. i. The ENGINEER shall conduct a total of two (2) inspections to determine if the project work is ready for substantial completion or final completion, respectively. The ENGINEER shall prepare and execute a punch list with the Contractor. Upon successful resolution of the punch list and other contract obligations. the ENGINEER shall recommend fi na 1 payment to the Contractor. and gi ve written notice to the Contractor that the work is acceptable (subject to any conditions therein expressed). j. The ENGINEER shall not be responsible for any acts or omissions of others including: the Contractor, the CITY, or any other persons; provided, however. that nothing contained in this subsection shall be construed to release the ENGINEER from liability for failure to reasonably perform the duties and responsibilities assumed by the ENGINEER. In addi tion. the ENGINEER shall not be responsible for means, methods, techniques, sequences, or procedures of construction, or for safety precautions and programs incident thereto. k. The ENGINEER shall review the Contractor's Applications for Payment and shall recommend such payments in writing to the CITY. l. The ENGINEER shall prepare a set of reproducible record mylar drawings based upon the marked-up prints. drawings. and other data furnished to the ENGINEER by the Contractor. m. The ENGINEER wi 11 parti ci pate in and advi se the Contractor duri n9 start-up of equi pment and will help instruct the CITY's personnel in the proper operation of certain equipment and instrumentation. As a minimum, the ENGINEER wi 11 have a mechanical engineer and an electrical/instrumentation engineer on site during start-up and check-out operations by the Contractor. These services will be limited to a maximum of six (6) man days. n. During construction operations, the ENGINEER's resident project representative (RPR) will be on site to provide construction observation and project administration. Through more extensive on-site observations of the work in progress and fi e 1 d checks of materials and equipment by the RPR, the ENGINEER will endeavor to provide further protection for the CITY against defects and deficiencies in the work. However. in providing resident project representation services, neither the ENGINEER nor its staff will ," be responsible for the means ~ methods~ techniques~ or procedures of construction selected by the Contractor. nor for safety precautions and programs incident to the work of the Contractor ~ nor for any failure of the Contractor to comply with any laws~ ordinances. rules or regulations applicable to the construction work. nor for any failure of the contractor to perform the construction work in accordance with the contract documents. Compensation for the RPR is based on an overall average representation of one-half time over the seven-month construct i on period. It is understood that the City wi 11 provide clerical assistance to the RPR during the life of this project. 2.0 COMPENSATION Compensation for engineering services shall be based upon the Agreement entered into and between the CITY and ENGINEER on June 10. 1985 for Additional Services and latest Amendment, dated February 1. 1989. A detailed project cost estimate is included as Attachment A. Estimated budget for bidding and construction of the Improvements to the North Water Storage Tank and Pump Station and the Booster Pump Addition to the South Pump Station is as follows: 1.1 Bidding Phase Services $ 11~257 1.2 Conformed Documents and Preconstruction Meeting $ 4~469 1.3 Construction Phase Services $ 45~201 1.4 Start-Up Services $ 5~669 1.5 Project Close-Out and Record Drawings $ 6~783 1.6 Resident Project Representation and Misc. Engineering $ 43,412 TOTAL ESTIMATED FEE $116,791 3.0 TIME OF SERVICE The project budget is based upon a seven (7) month cons truct i on peri od and the attached project schedule (Attachment B). '. IN WITNESS WHEREOF, the parties he re to have accepted, made, and executed th is Amendment to Agreement upon the terms and conditions above stated on this _ day of . 1991. For the ENGINEER: For the CITY: POST. INC. CITY OF OELRAY BEACH By: By: Attest: Date: Date: Approved as to Form: City Attorney JRV:mv/008 3J 2/1/91 "" -a: l~l~~~i ~ -... ai!!~aa'~11 ~ i~ i ~&1 ..... C\(... i~~~ui ::I a: ..~.. ~.~:l Cl ... 2S .. . ~a: ~~~~iii ~ ... i~l~iia!~I~ ; ~~ ~~ t;~.......... CI) l ~:i"~ ::ai:i ...... ... .. 0 .. .J0 <a: ...::1 ~~ ~~ 0 O~N ...2~ I! ! ......a: 1010 i ~ f.lJ.~ ffi@W z-a: lD~N W2W Z .~ 0 o....Z oelS ii51~ c; -a:z ~ 00- ~ ~o..ffi ~z0 wffi 0.. 0 000 0 ~I= i! I 2 ~00 CIi g~oO CIi wi0 ~ oa:CI ... ... ~ .C\( o CI .J~Z ... "'UI g~~ a: w o i o ~ t; ~a:~ ~a:~ ~ o..elSO o..elSO :.t 0.. 0 0 ~il 0.. II i i ~ ::I 00 CIi ~U ::I ... t: ... :i i x: II: !; ~ ~ 2 0 Z 00000 ~~~ z~ II 8 II 8 ~ 0 i2~f:j~ J=[3 ~C\(~ ~w ... ... z "':li g~ .. ... :i Q go .. ~~ II:CI !< t;< ti Z0 ZZ 0.. 0 8~ 2 0 ::I ~~ 0 ~ ~~i w0 Ii t~~l ~ w 0.. f:j 10 !< 0 ~ ": . ...t:: z -0 .:t -0 :l..U. ... 2 0- 0- . < > > ~ :.t 0 Z 0 00 ~~ ~~~ II!I ~~~l ~ w ~ 0..0 ~~ 0..0 ti O~ ~IO o~ N ... . . i W ii~ ...U~ x:~ .It._ 8 CI ~ 0~ fd ~ 0 0 ~ elIZ 0 ~~~~ ~~i elIZ it I ffi ~!~ ~ NI06/N :8.... . ~~CI ... ... 0.. !< \ 1 ..u ~ fi)::Iz ~tim a:_ x: iltilti t: 0 ~Z2 f2Z2 Z z~ Z~ x:W 011: 8f ~i= 00.. lD~ ClW 0 00 OlDlO Clw I~i~ !~! i t; >0 ~~ ~ ~00 :=~~ ~~ "l ~~ 8x: ..:l Ox: U .. i ... .Jw iiio.. 90.. .. .. < ~~~ 0... lD ... Z ~ ~~~~~~~ ffi < ~~~iM~ a:W 2 CJ 5~ B~NON"'IO 00 x: Z ~ 0.. I'" ;;;;..U_ a: a: ~ II: -2""~ x: ~~ w 0_00 .... ! I ! II ! .J.J ell :.t 088 x: II: w II: ~a:1I: ::J 6 II:~ ~~~ x: 1: =uia!a: z ~ : ,1I:l-W!!! Iii ffiffi Ii! W~ 0 ~ : :w<:J.J ~ ~w ... ~W o~~ 2ii: .J !~~~!!:!!: < ~ ZZ Z 00.. ~<::I W- ..JII: ..J , ::It;~~ <c; ~ ffi~ ...a: :.t a:2 -~ ~ II: Cl <i!~~ 0 ,ZZW::I::I ~ 2zClZ..J"'Cl <i!<i!<i! , ::I 1@@u.22 "'WZW<ZZ W OClWa:~ Q::J@ lD 0 ......... 0 ..JX:Z!;W~ a:"'t:: ... Oa:'" f6 @a:-20W- ~~g c: t; ffi........W~@ ....Qt:::Ja:9t: Wo..J=o..a: 0"'0x: lIS ~~~2::Ja:~@~~~ ? :J~~!< g: !< ~ffi~~~[3~ lDalal 2 ::):J::J wa:oO::J ....... > C;; 00..0..0 0 0 0..00 oa:o 000 ......0"0000W0<x: " . , . ATTACHMENT B SCHEDULE Advertisement February 25, 1991 Prebid Conference March 20, 1991 Questions Received by March 29, 1991 Bid Opening April 9. 1991 Contract Award May 9, 1991 Preconstruction Conference May 23, 1991 Notice-to-Proceed May 27, 1991 End Construction December 23, 1991 JRV:mv-008 ". . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER PJv1 SUBJECT: AGENDA ITEM # q:r - MEETING OF APRIL 9, 1991 CONSULTING SERVICE AUTHORIZATION/POST, BUCKLEY, SCHUH AND JERNIGAN DATE: APRIL 3, 1991 This is a Consulting Service Authorization to the contract with PBS&J in the amount of $18,500 for consulting assistance necessary to obtain a State certification for the Water Treatment Plant laboratory. The Environmental Laboratory Division (ELD) of PBS&J will assist with the start-up of our analytical laboratory and provide training to our laboratory staff on the use of equipment and analysis procedures. In addition, ELD will prepare a Comprehensive Quality Assurance Plan for submission to the Florida Department of Environmental Regulation. Recommend approval of Consulting Service Authorization to the contract with Post, Buckley, Schuh and Jernigan in the amount of $18,500 with funding from Water and Sewer Water Treatment Plant Clarifier Laboratory (Account No. 441-5162-536-60.76) . Account balance $21,224. t: I",'e /.!. of v,'ew f- I - PI'C~S.!J. PBSJ POST, $)(' ~ ENGINH.RlNG BUCKLEY, PLANNING SCHUH &.. ARCHITEGURE JERNIGAN, INC. February 19; 1991 Mr. Mark Gabriel City of Delray Beach Environmental Services Department 434 South Swinton Avenue Delray Beach, FL 33444 Dear Mr. Gabriel: As we discussed, I have enclosed a proposal for laboratory consulting services in the format you requested. Please call me at (407) 277-4443 if you have any questions. Respectfully, LABORATORIES P.E. JJG:kf Enclosure cc: Bob Morrell Toni Brewer Rick Voohees ~ I < .' (' .~ . . ~ \ \ f'" "" \ ft.?>'~ ~ \ ENVIRONMENTAL LABORATORIES. 6635 EAST COLONIAL DRIVE. ORLANDO. FLORIDA 32807 TEL: 407/277-4443 "" CITY OF DELRAY BEACH .- CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES ... CITY P.O. NO. CITY EXPENSE CODE PROJECT NO. (CITY) (CONSULTANT) TITLE: I. PROJECT DESCRIPTION Instruction in laboratory techniques to laboratory personnel. Preparation of Comprehensive Quality Assurance Plan for submittal to the Florida Department of Environmental Regulation. II. SCOPE OF SERVICES The Environmental Laboratory Division (ELD) of Post, Buckley, Schuh & Jernigan, proposes to provide analytical laboratory consulting services to the Ci ty of Delray Beach, Florida in the areas of metals by atomic absorption and organics by gas chromatography. These services are to assist the city in the startup of its analytical laboratory. ELD will send a laboratory representative to the Delray Beach water plant laboratory to determine its current capabilities and the City's objectives for the laboratory. After this assessment, ELD will assist the water plant laboratory in acquiring certification for drinking water in the following categories pursuant to Chapter lOD-4l FAC: . 1. Chemistry - Primary Inorganic - Tests for Arsenic, Barium, Cadmium, Chromium, Lead, Mercury, Selenium, Silver and Sodium. Note: Tests for Nitrate (as N), Nitrite (as N), Fluoride, and Turbidity are not included in accordance with the City's request to concentrate on metals by atomic absorption and organics by gas chromatography. 2. Chemistry - Organic - Tests for Endrin, Lindane, Methoxychlor, Toxaphene, 2,4-D and 2,4,S-TP (Silvex). 3. Chemistry - Trihalomethanes - Tests for Chloroform, Bromodichloromethane, Dibromochloromethane and Bromoform. 4. Chemistry - Volatile Organic Compounds - Tests for Trichloroethene, Tetrachloroethene, Carbon Tetrachloride, Vinyl Chloride, 1,1,1- Trichloroethane, 1,2-Dichloroethane, Benzene, Ethylene Dibromide, p- Dichlorobenzene and l,l-Dichloroethene. . . 5. Chemistry - Purgeables - Tests for Bromobenzene, Bromodichloromethane, Bromoform, Bromomethane, Chlorobenzene, Chloroethane, Chloroform, Chloromethane, Dibromochloromethane, Dichlorodifluoromethane, p- Chlorotoluene, Dibromomethane, 1, l-Dichloroethane , trans-l,3- Dichloropropene, cis-l,2-Dichloroethene, trans-l,2-Dichloroethene, 1,3- Dich1oropropane, 1,2-Dichloropropane, cis-l,3-Dichloropropene, 2,2- Dichloropropane, Ethy1benzene, Methylene Chloride, 1,1,2-Trichloroethane, Trichlorofluoromethane, 1,2,3-Trichloropropane, m-Xylene, o-Xy1ene, p- Xylene, Toluene, Styrene, m-Dichlorobenzene, o-Dichlorobenzene, 1,2- Dibromo-3-Chloropropane (DBCP), 1,1,1,2-Tetrachloroethane, 1,1,2,2- Tetrachloroethane, Methyl-tert-Butyl-Ether (MTBE), l,l-Dichloropropene, and o-Chloroto1uene. This assistance will be provided in the water plant laboratory by laboratory personnel from ELD using hands-on instruction with the City's existing laboratory equipment. The training time provided by these representatives shall not exceed eighty hours. ELD also proposes to prepare a Comprehensive Quality Assurance Plan (ComQAP) for the Delray Beach water plant laboratory pursuant to 17-160 FAC and in accordance with DER QA-00l/90. This document will be prepared with information and assistance from the City's laboratory personnel. A draft ComQAP will be submitted to the City for review and comment. As appropriate, ELD will integrate the City's comments into the final ComQAP which will be prepared and submitted to the Florida Department of Environmental Regulation (FDER). ELD cannot guarantee approval of this ComQAP by the FDER. Since the review process for ComQAP's is under constant change, the costs to respond to FDER comments are difficult to estimate and, therefore, are not included in this scope. III. BUDGET ESTIMATE OF SERVICES The costs to provide these services to the City is estimated to be $18,500. PBS&J will invoice the City at a rate of 3.0 times raw labor costs for personnel who work on the job and out-of-pocket expenses (including travel expenses) at cost. Vehicle mileage will be invoiced at rate of $0.26 per mile and reproduction costs at $0.11 per copy. IV. COMPLETION DATE The initial site visit can be accomplished withing one week of the City's notification to proceed. Once the initial survey is completed, instruction can be accomplished within three weeks. Preparation of the draft ComQap will be completed withing four weeks of notification to proceed. The draft will be submitted to the City for comment. Allowing two weeks for comments and an additional week for PBS&J to implement any changes, the final ComQap can be submitted to the FDER within 7 weeks of notification to proceed. ". CITY OF DELRAY BEACH SERVICE AUTHORIZATION NO. Page Two APPROVED BY THE CITY CONSULTANT OF DELRAY BEACH - DAY OF By: CITY OF DELRAY BEACH, a municipal corporation of the State of Florida ATTEST: By: BEFORE ME, the foregoing instrument, Mayor this _ day of 1991, was acknowledged by , ATTEST: , a duly authorized officer of By: , on behalf of the City Clerk Corporation and said person executed the same free and voluntarily for the purpose therein expressed. APPROVED AS TO FORM: By: WITNESS my hand and seal in the City Attorney County and State aforesaid this _ day of , 1991. Notary Public State of Florida My Commission Expires: (Seal) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # :r - MEETING OF APRIL 9 , 1991 SERVICE AUTHORIZATION NO. 6/CH2M HILL DATE: APRIL 5, 1991 This is a Service Authorization to the contract with CH2M Hill, in the amount of $19,000, for additional engineering services necessary to ensure hurricane and emergency preparedness at the Water Treatment Plant, Golf Course Wellfield, north and south Pump Stations, and Lift Station 50. This service authorization consists of items requested by the City. Funding is available in Water and Sewer Wellfield Remediation (Account No. 441-5162-536-60.37) . Recommend approval of Service Authorization No. 6 in the amount of $19,000 for additional engineering services necessary to ensure hurricane and emergency preparedness at the Water Treatment Plant, Golf Course Wellfield, north and south Pump Stations, and Lift Station 50, with funding from Water and Sewer Wellfield Remediation (Account No, 441-5162-536-60.37) . I ~. .. . .. . - " - - ." r.W M HILL ! ~ -~' - -; , - . -. - - -. . ~ : - : ,..... ~ ." .... ~ :. '.J _ - . . EMERGENCY WELL FIELD ASSESSMENT SCOPE MODIFICATIONS l. Technical Memorandum No.2. This technical memorandum was requested by the City in a meeting on November 10. 1989. and submitted on November 17, 1989, to justify proposed fuel tanks and emergency generators to City commis- sioners. The memorandum addressed generator capacities in communities neighboring Delray Beach, industry standards for emergency g~nerator capacity, and applicable regulations. 2. Fuel Tank tor 16S-kW Generator at wrP. Addendum No.4 states that one permanent tank would be designed for the WTP. Draft specifications were prepared in November 1989, for removal of the existing 568-gallon under. ground storage tank adjacent to the Chemical Building. The intent was to provide a temporary aboveground tank (300-500 gallons) to fuel the generator until the 800-kW generator was installed. The City revis~d their plan in the November 10, 1989 meeting, and requested that the 165-kW generator be kept in service with a permanent fuel tank. A l.OOO-gallon aboveground fuel tank with containment, a day tank and overflow tank, instrumentation, and piping were included in the current design. 3. Manual Transfer Switches at Golf Course Well Field. In the November 10, 1989 project meeting, the City expressed an interest in phasing out the use of portable generators at the wen fields. In June 1990, the City requested the addition of manual transfer switches and receptacles at the golf course wells for use with the portable generators. These items were included in Addendum No.1 to the bidding documents. 4. Chemical Building Expansion. The original scope for the chemical stOrage tanks covered modifications to the tanks and containment area for compliance with the Palm Beach County Well Field Protection Ordinance and other regu- lations. In a meeting on November 29, 1989. the City requested a change in scope to include a 45' x 30' expansion of the Chemical Building for dry chemi- cal storage as well as relocation of a roadway and fence at the South boundary of the WTP. A conceptual design memorandum and a geotechnical report related to the building expansion were prepared in December 1989. The con- ceptual design and estimated costs for the building expansion were discussed by CH2M HILL and the City in a meeting between on January 3, 1990. The projected cost and schedule delays anticipated for the expansion were not jus- tified based on the City's plans to eliminate sodium aluminate usage within '. J' " -. '1_1""''''''',,,, ., - " .. " ,.. .'r CWM HILL ,- , - ~ ~ : ~.~ ....~',. -::. - ~,~ ~ . - -.. -. -.. - ,. , .. 5. Evaluation of Natural Gas as a Fuel Source. In a letter dated ~ovember 14, 1989, the City requested CH2M HILL to evaluate the use of natural gas as an alternative fuel source for emergency generators. The gas company and gener- ator suppliers were contacted to determine the feasibility of substituting natu- ral gas for diesel. Results of this evaluation were submitted to the City in a letter dated December 12, 1989. 6. Fuel Storage Tank Replacement at ~orth and South Pump Stations. In a meeting on January 3, 1990, the City requested adding replacement of the underground fuel storage tank at the North Pump Station to the scope of work. On January 16, 1990, replacement of the underground fuel storage tank at the South Pump Station was also requested. These tanks were included in the final design. 7. Emergency Power for Golf Course Club House. In the meeting on ~ovember 10, 1989, the City requested CH1M HILL to evaluate including the golf course club house loads on the emergency generator for the golf course wells. CH2M HILL's findings were discussed at a meeting on January 3. 1990. This option was determined not to be economically feasible and was not included in the final design. 8. Air Stripper Bypass Line. Preliminary quotes received by the City for installation of the air stripper bypass line as a separate project were unreason- ably high. The City requested CH2M HILL to included installation of the air stripper bypass line with this project in April 1990 to minimize the cost of con- tractor procurement and installation. Bid documents were revised accordingly. 9. Increased Generator Elevation at WTP. In March 1990. the City requested CH2M HILL to evaluate the need to elevate the 800-kW generatOr approxi- mately 3 feet to meet the first floor elevation at the WfP. This evaluation included reviewing the flood plain elevations. survey information. and City ordinances. The City requested a design change to increase the generator elevation in May 1990. Modifications to the generator enclosure and pad were included in the final design. 10. Landscaping at Wen Fields. On March 2. 1990, the City requested that CH2M HILL include landscaping for the generator installations at the well fields. The City horticulturist was contacted and landscaping provisions were included on the final design drawings. 11. Remote Annunciators. In July 1990, the City requested that CH2M HILL include remote annunciators for the emergency generators at the well fields. -, - "II i.;H - M HIlL ~ , - -. -. .. .. . _ _ . .../.1. ;.......... _ .. - ,- - Specifications for the remote annunciators were included in Addendum No.1 to the bidding documents. 12. Lift Station 50. In July 1990, the City requested that CH2M HILL include replacement of an underground fuel storage tank at Lift Station 50. Specie fications for the tank replacement at Lift Station 50 were included in Addendum No.1 to the bidding documents. 13. Bid Evaluation. Complications concerning the apparent low bidder required additionallabof during the bid evaluation. CH2M HILL attended 3 meetings with the City attorneys to resolve the bid award during August 1990. 14. Groundwater Monitoring Plan. In September 1990, the City verbally authorized CH2M HILL to prepare a groundwater monitoring plan for submis- sion to Palm Beach County Department of Environmental Resource Manage- ment (PBCDERM). The plan has been updated to include monitoring for all proposed fuel tanks. dbt072/026.51 3 ?P~j' 00 - / (J. '. -. . " ""--'''/'''WMWLL - . . .1 'i - I. ~ - :' . . . : _ :':-... ::. '. .. v_I - CH2M HILL SERVICE AUTHORIZATION 6 DATE: February S, 1991 PAGE 1 OF 5 - SERVICE AUTHORIZATION UNDER mE AGREEMENT TO FURNISH PROFESSIONAL SERVICES DATED 07.11.90 BETWEEN THE CITY OF DELRA Y BEACH, FLORIDA, AND CH2M HILL SOUTHEAST, INC. TITLE: WELLFIELD ASSESSMENT AND REMEDIATION ADDmONAI.. WORK FOR HURRICANE AND EMERGENCY PREPAREDNESS CATEGORY OF WORK: GENERAL: This SERVICE AUTHORIZATION shall modify the professional services agreement referenced above and shall become part of that AGREEMENT as if written there in full. This SERVICE AUTHORIZATION for the Wellfield Assessment and Remediation Program will provide for services as part of hurricane and emergency preparedness at the Water Treatment Plant (WTP), Golf Course Wel1field, North and South Pump Stations, and Lift Station 50. These setvices have been requested by the City and are additional to those provided under the previous authorizations for \VeUfield Assessment and Remediation dated April 23, 1990. I. SERVICES TO BE PROVIDED BY THE CONSULTANT A. DESCRIPTION OF WORK TASKS CONSULTANT will provide specific services to the, CITY in accordance with the following Task descriptions. 1. Technical Memorandum No.2. Prepare a technical memorandum to document appropriate sizing for proposed fuel tanks and emergency generators. The memorandum will address generator capacities in communities neighboring Delray Beach, industry standards for emergency generator capacity, and applicable regulations. -~- ,,' ''''_:~~ :~~; CH~M HILL - " ... . - -. " " CH2M HTI.L SERVICE AUTHORIZATION 6 DATE: February 5, 1991 PAGE 2 OF S - 2. Fuel Tank for 165.kW Generator at WTP. Revise the fuel tank design to provide for a I,OOO-gallon aboveground fuel tank with containment, a day tank and overflow tank, instrumentation, and piping. Addendum No.4 states that one permanent tank would be designed for the WTP. Draft specifications were prepared in November 1989, for removal of the existing 568-ga11on underground storage tank adjacent to the Chemical Building. The intent was to provide a temporary aboveground tank (300-500 gallons) to fuel the generator until the 800..kW generator was installed. The City revised their plan in the November 10, 1989 meeting, and requested that the 165.kW generator be kept in service with a permanent fuel tank. J. Manual Transfer Switches at Goll Course Well Field. Provide for manual transfer switches and receptacles at the golf course wells for use with the portable generators as an addendum to the bidding documents. These switches are provided in response to the City's request to phase out the use of portable generators at the well fields. 4. Chemical BuUdlnl Expansion. Provide a conceptional design report including construction costs estimate for a 45' x 30' expansion of the Chemical Building for dry chemical storage as well as for relocation of a roadway and fence at the South boundary of the wrP. Prepare a conceptual design memorandum and a geotechnical report related to the building expansion and meet with the City to discuss. The original scope for the chemical storage tanks covered modifications to the tanks and containment area for compliance with the Palm Beach County Well Field Protection Ordinance and other regulations. S. Evaluation of Natural Cas as a Fuel Source. Evaluate the use of natural gas as an alternative fuel source for emergency generators. Contact the gas company and generator suppliers to determine the feasibility of substituting natural gas for diesel. Results of this evaluation will be submitted to the City in a letter report. 6. Fuel Storage Tank Replacement at North and South Pump Stations. Provide in the final design for replacement of the underground fuel storage tank at the North Pump Station, as well as replacement of the underground fuel storage tank at the South Pump Station. dbt072/046.51 - . - .. ....-.... CH2M Hll..L SERVICE AUTHORIZATION 6 DATE: Februa!)' 5, 1991 PAGE 3 OF 5 - - 7. Emergency Power for Golf Course Club House. Evaluate the emergency generator for the golf course wells including the golf course club house loads. Present findings at a meeting with the City. 8. Air Stripper Bypass Line. Revise bid documents to include installation of an air stripper bypass line with the Well field remediation project to minimize the cost of contractor procurement and installation. 9. Increased Generator Elevation at \VrP. Evaluate the need to elevate the 800- kW generator approximately 3 (eet to meet the first floor elevation at the WTP. The evaluation shall include reviewing the flood plain elevations, sutvey information, and City ordinances. Revise the final design to increase the generator elevation, and modify the generator enclosure and pad. 10. Landscaping at Well Fields. Provide in the final design for landscaping for the generator installations at the well fields. Contact the City horticulturist for landscaping provisions. U. Remote Annunciators. Add to the bidding documents provision for remote annunciators for the emergency generators at the well fields. u. Lift Station SO. Add to the bidding documents provision for replacement of an underground fuel storage tank at Lift Station 50. 13. Bid Evaluation. Provide additional level of effort during bidding including ,) meetings with the City attorneys to resolve the final bid award. 14. Groundwater Monitoring Plan. Prepare a groundwater mouitoring plan, including monitoring for all proposed fuel tanks for submission to the Palm Beach County Department of Environmental Resource Management (PBCDERM). II. COMPENSATION TO THE CONSULTANT Compensation for professional consulting engineering services as described herein is estimated as follows: dbt072/046.51 CH2M HILL SERVICE AUTHORIZATION 6 DATE: February 5t 1991 PAGE 4 OF 5 - - Table 1 Additional Work for Hurricane and Emergency Preparedness Description Labor Expenses Total 1. Technical Memorandum No.2 $lt 700 $300 S2,000 2. Fuel Tank for 16S-kW Generator 2,200 300 2,500 3. Manual Transfer Switches-Golf Course 900 50 950 4. Chemical Building Expansion 6,050 550 6,600 S. Evaluation of Natural Gas 1,100 SO 1,150 6. Fuel Tanks at N. and S. Pump Stations NAC NAC NAC 7. Emergency Power for Club House 900 50 950 8. Air Stripper Bypass Line NAC NAC NAC 9. Increased Generator Elevation at WTP 3,700 250 3,950 10. Landscaping at Well Fields NAC NAC NAC 11. Remote Annunciators NAC NAC NAC 12. Fuel Tank at Lift Station SO 800 100 900 13. Bid Evaluation NAC NAC NAC 14. Groundwater Monitoring Plan NAC NAC NAC Total $17,350 $1,650 $19,000 NAC = No additional charge Compensation for services shall be in accordance with Article VII.A.l of the AGREEMENT. m. PROJECf SCHEDULE CONSULTANT agrees to perform the services required herein within 60 days unless otherwise extended in writing by the CITY. Time as stated herein refers to calendar days from the date of execution of this SERVICE AUTHORIZATION. dbt072/046.S 1 <I~ - '" _~,"._: ~:.::\': CH~M HILL . . - .... ... .. . . CH2M HILL SERVICE AUTHORIZATION 6 DATE: Februazy 5, 1991 PAGE 5 OF 5 - - APPROVED BY THE CITY CONSULTANT OF DELRA Y BEACH CH2M HILL SOUTHEAST, I _ day of ,19_ CITY OF DELRA Y BEACH, a municipal corporation of A TIEST: the State of Florida ~~;)d~ By: BEFORE ME, the foregoing instrument, Mayor this 1J.. day o~ 19;a was acknowledge by Gregory T. A1TEST: McIntyre, Vice President and Regional Manager, a duly authorized By: officer of CH2M HIll. SOUTHEAST, City Clerk INC., on behalf of the Corporation and said person executed the same freely APPROVED AS TO FORM: and voluntarily for the purpose therein expressed. By: City Attorney WITNESS my hand and seal in the County and State aforesaid this JJ. day of~ ' 19:JJ.. Notary Public State of Florida My Commission Expires:' ftotlrY ~blic. St.te 0' Aorida MV Commission Expire. Jun. 1,. Ii (Seal) IM4IH filii lllll'. lllA: '-1lIt..ce I... dbt072/046.51 ;~:~ . , cay GI DeIray Be8ch Cepe. b~...1IaI Budget Transfer (1) Depar1mentaI LIne Transfer (2) Date April 4, 1991 (3) Interfundllnterc:lepartmental Transfer (4) Batch Number :3 ,_t;j I~i I:': '1_. I) (: p -:J.:--"" t. (n i.':~ rl t (5) Requested By: (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT 1(9) TRANSFER IN 441 S~~:-5~6.~8-S0 ~isc E~qinecring Serv i .::~ 19,eJl2l1Zl !:}4L'- ~,~ ~~ '~~i :~'.~ r:; -3 :,i,",i., (~l ~~"",. ','~"7 Wellfi0Ld 0~s~ss Proto 19~Q)(2l0 , (10) TOTAL 19,0121121 19,0121121 JUSTIFICATION: (YlL>::lc:'),t:~~ '''u,nds +or t2n\')ineerino 'services to be ren er- ~.J . / r~: ~.~ '.'.~ ~!' ~,..~ ::. ~, ~ C ',::)1- ',:;,.,;:~ '::;. '::nd 1 ':;ar-.i.ces '.::>r, Wellfield R~m~di",t.inn Prdit:'\~t Of -, 1: -':. \r. :,~:'~ '/..,/ "_~:J:n;:1i.3i i >:'In (.)111:""')'1:,-1 "11'- i 1 ~ 1991, DepIrtment Head AlII CIty ......, orncer Cltyu (11) BudgeI RevIIIon Date (12) ConInJI NImJer (11) ,.. (14) COUIC ORIGINAL-BUDGET CANARY-FlLE PtNK-DEPAATMENT '" MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER'~ SUBJECT: AGENDA ITEM # 9" - MEETING OF APRIL 9 , 1991 APPOINTMENT TO THE SOUTH CENTRAL REGIONAL WASTEWATER TREAT- MENT AND DISPOSAL BOARD'S AD-HOC ADVISORY COMMITTEE DATE: APRIL 3 , 1991 This is a Seat 1 appointment of a layperson to the SCRWTD Board's Ad-hoc Advisory Committee. The appointee must be a resident of the City and have experience and/or understanding of the treatment of wastewater. We have received applications from the following individuals: Ronald Lusk Morris Schwartz Leo Weiner Recommend appointment of a layperson to the SCRWTD Board's Ad-hoc Advisory Committee to a term ending April 9, 1993. '. MEMORANDUM TO: David T. Harden, City Manager "11'- THRU: Alison MacGregor-Harty, City ClerkL~1 FROM: Anita Barba, Board Secretary SUBJECT: APPOINTMENT TO THE AD-HOC ADVISORY COMMITTEE TO THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD DATE: April 3, 1991 There currently exists a vacancy on the Ad-Hoc Advisory Committee to the South Central Regional Wastewater Treatment and Disposal Board for a layperson appointment from Delray Beach. The appointee must be a resident of the City of Delray Beach. Experience and/or understanding of the treatment of wastewater is desirable. The term is for a period of two (2) years. The Clerk's office advertised for this position and received applications from the following individuals: Ronald Lusk Morris Schwartz Leo Wiener The applications are attached for review and consideration. Based upon the rotation system adopted by the City Commission, this appointment will be made by Commissioner Mouw, Seat #1. lsk.txt ,'" / 1 ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION - .- ~AME OL)\I'~\.J L~~ ~ 5.. O~-- (S~cJ. ~rr, ~"-~ Pc s~'*~1 HOME ADDRESS (Street, City, Zip Code) (LEGAL ~SIDENCE) ~u ~X IQ1.. ~\~ ~~ ~~'-i~~ PRI~CIPAL BCSINESS ADDRESS (Scree , City, Zip Code) HOME PHONE v~-OO\.~ BUSINESS PHONE ~ ON WHAT BOARDS ARE YOU INTERESTED IN SERVING MV\~j ("~ ( lD........""" ~...l ~ ~ ~,-,vl Ca-\rr--l ~,~~ v--- '\ ...... c;. \. (... '-' ~ \cc.._t ---! t tl ,~'~<;-l 80~ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS \.SLt Q,,~\O~'.) I S 't::~J)~ru CJ.~ ~<( LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER. AND POSITION Yvl. ~ .;k..r ~ ~~.l.or .,. '" '-.c... ~~ ~-. " DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD ^~ -\.r c.. j,. """"'- "" , ....; . 0..- ~-~'<..'" \c ..,. v-L...& ~ .....,-.k-'~ ~~'l 0..... ~(O~(..~S,... ~ dk-~..u . 'I~ ' ~o\c...r .- ...\.c.Jt.~~ -\rf.._\.--.t" Vc.'-'....- '"'""'" J::<:..c- ..;) < ..... I . Jc-c.. . ~:.. l.. (~...__c.L f .,-\:>- j;IO> _ ~,~~,__t.:,)... ~Ic,l( <; . ~ PLEASE ATTACH A BRIEF RESUME. r HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. A...~D r 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. a~ 3~c... , DA E 4/90 {~ CITY OF DELRAY BEACH .. BOARD ~E~ER APPLICATION SA.'1E )",10 ,z..lZ., .s ....5" C 1-Il-vA .e. f L. ;: :,9 ~- N, 11./. /5 dJ Sf-; DCLt2./J Y 13 c-,4 C H I 33 4- 4- 6- ~O~E ADDRESS (Street, City, Zip Code) (LEGAL RES!DE~CE) R G'Tll<-eD PRI~CI?AL B~SI~ESS ADDRESS (Street, City, Zip Code) HOME PHONE~"7) 272-7018 BUSI~ESS PHONE ON w~T BOARDS ARE YOU I~TERESTED I~ SERVISG ~c1 Hoc ~~H1. ff~.. eL ~ /_ ,(j.A r f3 OC<'-~ LIST ALL CITY BOARDS ON WHICH YOU ARE CCRRENTLY SERVING OR HAVE PREVIOl.:SLY SERVED (Please include d~tes) ,AI 0 AI t:: '0 EDl.:CATIONAL QUALIFICATIONS ~'" d1 Pc/fZ. " N" tJ^I U Ifrf'~ '- "J: E>v is 1'1 c4F/l./ AJ (;, I ct 3 4 - , 1 4-0 ('fl-u-({C~L E,u~,,.JceJ4ING LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT. OR KOST RECENT EMPLOYER. AND POSITION INO&lS,.",,'AL Pt./) "'" t;Uf.) r~f) '-. E, t!)L4AJ G c~ A./, J. - ~ P~~/C,A. ru:nv..$' ENt{,UV~e.i2.IA/~ , DESCRIBE EXPERIENCES. SIILLS 01 KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD PLEASE ATTACH A BRIEr RESUHI. I HEREBY CERTIFY 'THAT ALL THE AlOVE STATEKEtrtS All! TRl: E . A..~D I ACREE N'tD UNDERSTAND 'THAT ANY KISSTATEHINT or MATERIAL FACTS CONTAINED I~ THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PAlT or ANY APPOINTMENT I MAY RECEIVE. 2 SI6$f 3 -tY~ DAtE 4/90 .", ....-........-.....-..... -"-- - - .. -' ;t,16)~ IZ 15 J, S c2 t-f t t./ A ;2.. ,- z... 2S""'tSNN IS- c- --- .J I ;e.o C. ( De: c.. R../~ '( 6~AC(~ l='L 3344!:; I B 0 P-N _ B ~~ ~ K L. '( tV ^-J 'f t2 ~ ~ l<. l... Y 1.'>( T e c.H: IV l c.. A '- t-~ . 5 . - I q -3 / - 3 4- N/Gf;fr Sct..},OaL-COOpc/2... {j,t.ho^-.) 5CJ+OCd- G r= liNG -ICy3 4 - (10 N 16l-i I SCt'\ oaL - Pc. L tree c-t t-J lc.. {N.511 TU TE - f3 ~co I<-L '"(N . /741-43 WoR.~ t;)<.pet'<..tcNc.E:. t 1~37- fCfAe M.Act+/^-,'(Si ci DC' 5 / ~ (\./c I€. D ,= -5 TEfJ^i. ,;+ PPi..../~NCC /4,q cHI ~c IZ.. Y 1<142.-1'112. f?EUct..;uG' C1.w,/~OL. S'IS ieM-S D(vl.5IDrV o ~ L.. l'\ TO I"; l ^-lDUS ,1Q,"l Co.s - o e SIC; ,t.)c ,(( I CtTtc/= i:If.IG(J.)t;clI!..c:I //icE ?,ee-StDCNT. p,4. Te,(.J r-:s 15.5 '" C 1:> FD I<. G:,A.JTl/vVC) V-S G A-S J..AJft;.(..,5JS. 1~72- 1'..5'" ~p..Ge~ E'L.c:CTR-IC,.. CJ>. - l?ES/GIVCb d St//'c,€VtSc-b .5WI3Wh'f S/6"uA L- 5 YSreM (}OIL'S ,/2 (...( c.TtOttV ct IAJ.s T7'/ Lt.-A- (lOf 1<176'- /rJc'78 G ,'-MOA-' T I", ~ Tt< ~ A-{ t ,v <r..s - /J P PLICA i/(. EA.Jts./tJec/a. ,:"ce e#c-Mt<:,Jft- J,.;.srl2()~cAJr A IlD If\,) J'l''lt-/?r2.. , tV i:) f.) S r R. I "L i='1..l) uj a.v ,a..o '- - A PF-'t....,CA r"o;v~ E~/.<Jeee. ;-GJR. C ".e"fIC;'f '- litis r,e (J A.-( e:;tV 7 A f;-tt) A..J ~()~e-11'82. - -ecTle.~1:> ~-_.._---- ---...- -~.- /- l!rjq/ CITY OF DELRAY BEACH fo.. J!- . BOARD ~EMBER APPLICATION { NAME ,~n Lr.' C t.. 7-'-':' Cleo \}J 'le" e.r l / c; 1/ y /1/ L.v i -.i f (:'.8 /.2,' ~u. 13 ,1(, .3 2, 'f'f~- HOME ADDRESS (Street. City, Zip Code) (LEGAL RESIDE E) .1 I-- {, C:'" L.( i.-' PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code) HOME PHONE .~ ~?k" 3Gi.'.! -:f- BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Aa..u a) e. U-L th( Ct {. . () !i...(a...~ L.~.. .:. { d /; -,/ 1..0 R a /..r.-, " I 1 ilfCi!x.(/,' . LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY I SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS I\~ fj~ ~~ Ai~a. d (J I LIST ANY RELATED PROFESSIONAL, CERTI~ICATIONS~AND LICENSES ~ICH YO,U HOLD ~~ ~~ ~c.da.6./o (hlL~ ~ . r. ')t ~ ~ 'J./ d ' -eA_lJILtH.....O: ,/ .~ 71. 'i.l. e.;"':, .../..: ,,>;1 ~~,; .~, eJ,Lli...'l./~f..~ 1-1 k /'..4J 97~~ tL,~/...v' ~;-~~ v' C/ ? [~ .,0 " . .~, ""'v~k..........<.-.L)-; GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION ~~c:~ ClMtf.., k~ ~~C1 '1 ~&~~~~((':J .L.~,.LU/J..4..Ic:.(.u., ~ ~ 3.;)~~' DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS (il ~~ BOARD "L u 0 'I/~ " t!J~.. ~ 'J f ~ ~ I. -. l: (IJL.U;W1Ll~' 'j ~k~~. ~~ , }1~ ~ I_.~.. tI'Y' ~~~""J L ~I'~ G(L.(....:-~~ )- \ ...p In I..p 0 h>rKA...J ~ ~.v- aLL )7f-U.~<p l'L~v JU..tLd- tk..l.I. ~ ,/ OM d... mOd t LedA~4' /J~ ~ ~ ?<I-uY ~~ "-'f.jo.kiv · ~t..t..<... ~c..v c....u. . ~ PLEASE ATTACH A BRIEF RESUME. 1 )/J'tUI<t4 */ ~ Uc..v ~ it I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE ~~D UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFE}TURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. (/ // ~ '/:'1/ 1 l- ' ,;/< ~ - - f'/ S IGNAT E DATE ' 4/90 ". . ~ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (,,$v1 SUBJECT: AGENDA ITEM i , P - MEETING OF JANUARY 29, 1991 APPOINTMENT OF A MEMBER TO THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD DATE: JANUARY 23, 1991 This discussion item was placed on the agenda by Mayor Lynch. The Commission is to consider appointing a member of the community to the SCRWTD Board. Should this item receive favorable consideration, the length of term of service on the Board will be two years as provided by Sec. 32.08 of the City code. Ad~; r ~ ~ ~ u5I- r5+~~~ - ,. j.." 'II ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 1- - MEETING OF APRIL 9, 1991 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY DATE: APRIL 3, 1991 This is a Seat 3 appointment of a member to the Downtown Development Authority. Mr. Steele has resigned from the DDA. His term was to expire July 1, 1993. We have received applications from the following individuals: *Phillip Abrell *Carol Stanley *Robert Brewer Horace Waldman *Bruce Gimmy *Christine Wenzel *The Executive Director of the DDA has recommended consideration of these individuals. Recommend appointment of a member to fill the unexpired term of Paul Steele on the DDA to a term ending July 1, 1993. iYLdd ;/VJ;.d ~ ,,' '" MEMORANDUM TO: David T. Harden, City Manager ~ THRU: Alison MacGregor Harty, City Clerk FROM: Anita Barba, Board Secretary SUBJECT: VACANCY ON THE DOWNTOWN DEVELOPMENT AUTHORITY DATE: April 3, 1991 Paul J. Steele has resigned from the Downtown Development Authority creating a vacancy. The term will run through July 1, 1993. Laws of Florida HB 1250. as referenced in the Land Development Regulations, Section 8.2.2(c)(3), states the following: "To qualify for appointment to the Authority, and to remain qualified for service on it, a prospective member or member already appointed shall reside in or have bis principal place of business in the City, shall not be serving as a City officer or employee, and that at least three of the members shall be owners of realty within the Downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer, or managing agent of an owner or of a lessee thereof so required to pay taxes thereon." The following persons have submitted their names to the City Clerk's Office for consideration and their resumes are attached: Phillip Abrell Robert Brewer Bruce Gimmy Carol Stanley Horace Waldman Christine Wenzel Also attached is a memorandum from Frank Spence, DDA Executive Director, submitting names for Commission consideration to fill the vacancy. Based upon the rotation system, the appointment is to be made by Commissioner Andrews, Seat #3. cc: Cheryl Leverett, Agenda Coordinator dda.txt '" &if {!&~ DOWNTOWN DEVELOPMENT AUTHORITY City Of ndrav flead,. Flllrid;l F- .. DDA MEMO TO: M~yor Tom Lynch and city Commissioners FROM: Frank R. Spence, Executive Director ~ DATE: April 2, 1991 SUBJECT: DDA Vacancy In view of the fact that DDA Board Member Paul Steele has submitted his resignation from the DDA effective immediately, the DDA subMits to the City Commission the following names in alphabeticlll order for Commission consideration to fill this vacancy. Phil Abrell - The Mole Hole Robert Brewer - The Trellis Shop Bruce Gimmy - The Trouser Shop Carol Stanley - Attorney Christine Wenzel - Mercer-Wenzel The Commission is reminded that Board Members must own property or operate a business within the DDA District boundaries which are Swinton Ave. to the Intracoastal, and Northeast 1st St. and Southeast 1st St. Please schedule this matter for your next regular Commission Meeting. cc: David Harden, City Manager Alison MacGregor-Harty, City Clerk 64 S.E. Fifth Avenue. Delray Beach. Fl(lrid;l ~ HIH · 407.276-R640 ~ . . CITY OF I>ELRAI BEAClI JH!A.BD .IEHDiR AI' PLI CAIJ!!H ---~ "AilE -- - . iioiiE ~t{in~ftZIP ~LIiE-DEiiCEj-------------------- /1, ~ e 1- -4 ~ IL ///7~3 .:1Q --~-~-- --- ~ y:JLJ. PR~>>~ I~~S ST.': E AI> RES IP ~ 2 '/' . r ,~f:f -- g c:j1 . f/ ---=2'~,~ HOltE PIIOIIE I:., - ---- -----.--. BUSIUESS 1'1I0llE Otl \-IIIAT BOflnDS AnE YOU INTEnESTED IN SERvnlO /11-14 LIST ALL CI TY BOA nos ON Will CII. ~ An E CURRENTL Y SERV I NO on IIA VE FREV 10USI. I SERVEI> (Please inolude dates) CJ7t-Q- 4~JJ --- EI>UCATIOIIAL QUALIFICATIONS LIST AlU AnD LICEnSES WIIICII YOU nOLO. T EIIPLOY ER, Aim POSI T I 011 #~-/~/;,/u.li.r'4" - - . ~~~~R~~:R;~PERI~IILLS OR lNOWL1DOE WIIICII QUALIFY YOU TO SERVE Oil ---- ----- t/4:;;tj , PLEASE ATTACH A DRIEF RESUttE. . 1 IIEREDY CERTIFY TIIAT ALL TilE ABOVE STATEMEIITS ARE TRUE, AnD I AOREE AIlD UtlDERSTAnD TIIAT Atty IIISSTATEtlENT OF llA TERI A L FA C T S CON T A Itl ED Itl TillS AP- PLICATIon HAY CAUSE FORFEITURE' UPON tll PAnT OF ANI APPOINTIIEUT. I JlAI RECEIVE. 7/90~~ t:>- ~~fL I>ATE -'I/fl ~~~~ , 7l_ '" PHILLIP E. ABRELL PRESIDENT AND PUBLISHER OF THE TIMES HERALD Mr. Abrell was born and educated in Indiana. Following military service, a National Bank examiner with the U.S. Treasury Department, after which, he was involved in an executive position in air craft manufacturing. He spent most of his working years in the newspaper business as a part of Federated Publications. Battle Creek. Michigan as Business/Operations and Personnel Manager. Following the merger of Federated Publications with Gannett Co. Inc. . he moved to Port Huron to assume the role of President and Publisher of The Times Herald Company. Mr Abrell has been very active in community affairs through- out his working history. He was selected "Young Man of the , Year" in Battle Creek; and one of the five ouLstanding young men in the State of Michigan. He also served as President of Community Hospital, Battle Creek, as well as president of several different community organizations. He continues to be active in community affairs and is presently a director on the respective Boards of The United Way. Port Huron District Foundation and the Industrial Development Corporation. . Mr. Abrell is married; wife. Ellen. children. Kristen and Chad, a son Greg Abrell and three grandchildren. Retired 8-1-198) Present I Owner of The Mole Hole of Delray Beach '. -- Personnel Data -- P. E. Ab~ell August 7,1973 Present Activities: Community Hospital Association, Inc. Past President Presently member of the Board of Trustees Involved in hospital affairs since 1965 Michigan Hospital Association Homminga Memorial Committee Other Current Memberships: Battle Creek Area Chamber of Commerce First Congregational Church Masonic Lodge #419 Ancient Accepted Scottish Rite - Grand Rapids, Michigan Saladin Temple - A.A.O.M.M.S. - Grand Rapids, Michigan Shrine Club of Battle Creek The following are major areas of past activities: Calhoun County Comprehensive Health Care Study Committee New Y-Center Dedication Committee Battle Creek Area United Fund Active since 1954. Served in one or more areas of responsibility each year from 1954 through 1965. Member of Board of Directors and Executive Committee 1958 through 1965. President of Board and Chairman of the Executive Committee 1960-61. Michigan United Fund Active 1958 through 1966, serving in various areas of responsibility - Admissions Committee, Budget Committee, Vice Chairman Budget Panel and member of Board of Directors. Southwestern Michigan Rehabilitation Center, Inc. Chairman of Study Commdttee to accomplish reorganization, relocation and expansion of an American Legion Hospital run program, to become a regional lO-county all inclusive rehabilitation center, serving the rehabilitative needs of an area encompassing a population of approxi- mately 800,000 people. Now operational. Chamber of Commerce Member since 1954 - active in membership efforts each year, Chairman, Business Ethics Committee two years, and active on various committees for several years. Better Business Bureau Charter Member, Member, Board of Directors, Executive Committee and Treasurer two years. Active in merging this organization with Chamber of Commerce to become Business Ethics Committee. - "- - I . Personnel Data -- P. E. Abrell Page 2 (Attachment) . Junior Achievement, Inc. of Battle Creek Active since 1958, Member Board of Directors 1961 - 1971, served in various areas of responsibility. Vice President 1962-63, President 1963-64. Served as member of Board of Directors, or in other areas of responsibility in the following organizations: Area Development Corporation Calhoun County Mental Health Society Health and Recreation Association Calhoun County Commlmity Council Nottawa Trails Executive Council - Boy Scouts of America Visiting Nurses Association Y.M.C.A. . - - ~t!i . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION RO B-t:.R T BR~vV~K NAME 339 E. ATLAt\JTIC. f\\JE DELRl\Y B~ \-l 33f8 '3 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) IHt TRELL\ S -Sr+oP - -St\ME As ^ Bo If ~ PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP Z 7 c:, - 59 2..(0 270-9,12- HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ]),D.A. C. A B LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS ~. M ~Ot<... -AKI AA.\NOR f3t>Sl N€S S _ toST ~ADlJAIC: VJO~K- ADV€"1t.T1 s I kJ~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION '\H-E' IKELL-IS ~+kJ-D N\A^J~f:R DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. ~ ....;:.-.... .''''- ""- .;~'<:'-'f:~ :-.:~:l " PLEASE ATTACH A.,'~~IF'R.JHI. ..- " . ..:;. ,,~""'-; ;'- _: "~".< "-':'+r,\"':'Cii I HEREBY CEITlrt:'.fta'f,."{t:1'RE ABOVE STATEMENTS ARE TRUE, AID I AGREE AND UNDERSTAND THAT AIY MlhTI!EMENT OF MATERIAL FACTS COITAINED II THIS AP- PLICATION MAY CAUSE FORFEITURE U~ON MY PART OF AIY APPOIIITMENT I MAY RECEIVE. SUll ~ ~::J ~ ~{q FjqO SIGNATURE DA 9/q/ ~~ , . Having been almost a professional student at one time I majored in architecture, then in interior design before finally receiving my bachelors degree in art. None of this was a waste, however. I have 25 plus years in both retail and wholesale in the gift and home furnishings industry in chain stores and specialty shops. I have designed,help to build and display showrooms from New York to Los Angeles. I have done the same with specialty stores in the Midwest, Southwest and Southeast. I have traveled the world extensively and have numerous books and pictures of ideas that could be brought to Delray. I think the front of the Trellis Shop attests to what can be done. This facade cost less than $3500.00. I am sure I would be a positive addition to the DDA or or CABt I will go to my grave still a student. * I read daily in a researching manner; newspapers, trade publications and home magazines. Magazines are frequently old issues ie, October 1981, Architectural Digest as most new trends are a recyc~ing of the past. ~ .. CITY OF DELRAY BEAcn l!.QA.HD HEHBEJLAllLl~QH \I (). ~ Q\\Jce~ C7 t 1M\rn,% ~~~ _ tlAnE A 0 \) I d- ~'2.e:~V' 'v-G , &8c]",1' e-b2 '534'3'S- HOMES,TREET AD RESS, ..CITY ,ZIP (LEGAL E"-~--,,--, --- ------- I r7/) r;::: I I .fry ~ D,0 \, \ "'-f' -4 ,\ --J -!:::::t_"'!:i'} \:/ '- ~ J\\:\G . ~~, G I ~ V '.r:?cY\~. j d '5 PRINCIPLE BUSINESS STREET ADDRESS, CITY, tip 12/ --" I ') ,.--/) _ .-.~ \\ ...--,' r-- ~1)~ '7 :)~. b ':JV{ '-:;>{5':) - .J--/..s-'2-'--.~) 1I0t1E P JlONE ~ BUSI II ESSPllor; E on WHAT BOARDS ARE YOU IUTERE3TED IU SEnilliG DPA LIST ALL CITY BOARDS ON WIIICH YOU ARE CURRENTLY SERVING OR IIAVE PREVIOUSI.Y SERVED (Please inolude dates) ,.-. ;;:>1":) (~ EDUCATIONAL QUALIFICATIONS ..L. ~-)-.:> , L,~ST ANI RELATED PROFESSIONAL CERTIFICATIONS AIID LICENSE~II IOU. ,1I0~D. ( t I \ c..:- c ---.\11 : C. l ~ (f.s,; ,.--..\ t-('_ L \. (, -t:V\.Vd r- c c cS.s CI L _ r L.'K.:.... \.. l f".""-€ II' Lf\ (: " It,.. ,..\ . ':\ GIVE ,YOUR PRESE~T, on ltOST R;CE~~ EMPLOYER, A,tw P~SITIOtl . ".,Cl' .r" t- ... " ..; ( z . -::J.- rL '" \' C ;W-\..-, L --l (,- L} l "'-- l L ~ . DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE wlncn QUALIFY YOU TO SERVE 011 TillS BOARD. ~-::\-\..,;L..\ ~\:--..'~-L- s\.. r"-",c~ \v\, \-e~-ve--s ~---e4- \r- Do~~.......~\.:L." P -<.\., '\ CLA..-t \ PLEASE ATTACH A BRIEF RESUME. . I 1/ ERE B Y C E R T I F Y T II A TAL L TilE A B 0 V EST ATE It E II T S ARE T RUE, AND I A G R E E A fill UNDERSTAND TIIAT ANI HISSTATEMENT OF MATERIAL FACTS CONTAINED III THIS AP- P TI MAl CAUSE FORFEITURE' upon HY PART OF ANY APPOINTtlEtlT I IIAY ECE V . ( , -,- 'fIr; ~~ I ~. ,. ~ CITY OF DELRAY BEACH jt(!.A.BD MEHBElLAu.u~AI1QJI. Carol M~cMilian Stanley tI All E - --- --- _..- __I062_~~~ Ro~~~_~.O. Box 820 Delray Beach, FL 33447 nOUE STREET ADDRESS, .CITY, ZIP (LEGAL RESIDEUCE}-------------------- ~_~~ Four_~~Avenue Delray Beach, FL 33484 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP -- 499-4963 276-6363 -- ------------ II 011 E PliO N E BUS Ifl E S S I' 1\ 0 " E ON WHAT BOARDS ARE YOU INTERESTED IN SERVING DDA LIST ALL CITY BOARDS ON WIIICII YOU ARE CURRENTLY SERVING OR nAVE PREVIOUSI.Y SERVED (Please include dates) none EDUCATIONAL QUALIFICATIONS BS a~ FAU. J.D. cumlaude University of Miami 1970. LIST ANI RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WIIICH YOU HOLD. Member FLA BAR. South County Bar Assoc. Desiqnated in-Rea1 Estate and Wills, Estates, and Administration. GIVE YOUR PRESENT, OR ttOST RECENT EHPLOYER, AND POSITIOn Attorney-partner at MacMillan, Stanley & Purdo. . DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WIIICH QUALIFY YOU TO SERVE Off 'TillS BOARD. A downtown property owner: life long resident of nplr~y Rrh~ have b~CD an attozney here in same location since 1970. PLEASE ATTACH A BRIEF RESUttE. 0 I IIEREBY CERTIFY TIIAT ALL TilE ABOVE ST A TEIIE"T S ARE TIlUE, AND I AGREE AIID UtlDERSTAtlD TIIAT ANY HISSTATEHENT OF MATERIAL FACTS CONTAINED IN TillS AP- PLICATIon HAY CAUSE FORFEITURE. UPON HI PART OF ANY A PPOI NTtIEIIT I HAY RECEIVE. ~~~~4.!- SIGIIATURE . 7 t '. LAW OFFICES MACMILLAN, STANLEY & PURDO MACMILLAN BUILDING 29 NORTHEAST F'OURTH AVENUE p, O. BOX 820 DELRAY BEACH, FLORIDA 33447-0820 NEIL E. MACMILLAN TEI.-EPI-lONE CAROL MACMILLAN STANLEY (407) 276' 6363 THOMAS G, PUReo (407) 272.5757 (407) 737'6600 Carol MacMillan Stanley Background Statement Community Affiliations: Cason Methodist Church Past Chairperson Pastor-Parrish Relations Committee (1984) , past member Finance Committee 1987-1988 Currently, Chairperson of Board of Trustees 1988-1989 Member Jonathan Dickenson Chapter, DAR Chairperson Bicentennial of Constitution (1987) Palm Beach Hunt Board of Directors and Whipper-In Womens Executive Club Past Vice-President Delray Beach Historical Society Board of Governors, Executive Committee, 1987-1990 Visions 2000 (1988) Delray Beach Board of Realtors Affiliate Member Member Palm Beach County Commissioner Citizens Committee on Agriculture (1989) Other Information: Married to C.R. Stanley, two children ages 17 and 12. ,. '/~ /' ~ CITY OF DELRAY BEACH I I ,. BOARD MEMBER APPLICATION NAME f+o ~ f< c-L - J . (J rf1!i! -A H Lf-=s1 s. LJ yf lit tHL - -. -~ ~ 3J iff?' HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENC ) /Y 0 tlL PRINCIPAL BUSINESS ADDRESS (Streec, City, Zip Code) HOME PHONE tfo1- i1 g -1 s1 V BUSINESS PHONE tI otlL ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~ e,OA) C -S f?> ; fell':J;~l\ -tund ( g ~ r.t' r Q \ ) D 121\ . ~ ci f:) r LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS llf) L--JA::-.tf- C-.LA D uA Tf-- - B.). It-! /15"/ JlUJ A-v }Ill N}STUrrloH- /1A-J 0 f- I H ~UH-nrlG- · LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD . ~ El f-Q PI! BWL bUr-JI}r-I-r- < NeJ ~i I G:lE YOUR PRESENT. OR MOrT RECENT EMPLOYER. AND POSITION & 15'5 +-C;Mjr:,*I; LJrJlt-IG--mf/1 /'!~~.sEl f4f-nI ~ DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD *-H 05, ::r; 'f f:-A ~ 0 F- f u B L-{ C- A-u..o r.J rn-n-I6- Ul fA, 41-11 ~s oF- f J{D UfTf.-.y. It! ~j)ITIorl I w AS e::-4-A ) f-H A 11 0 F- ~ Bv A4> a F- Ad>.J U .5'Tf1EHT- PLEASt JiTTfcH' ~~fifsUMfE..lV ~-J ~EI Fo~ 5 E.Jf=l-AL '/ f-Af-.J ,-~ /) r{ a-r- f1 cJc#- J-; A-+>5J 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. ~ ()~ I /1'10 S ATURE DATE 4/90 1111 I'" CITY OF DELRAY BEACH BOARD ME~ER APPLICATION Christine A. Wenzel NAME III S.L 7th Ave., Apt. !) Delray Beach, Plorida 33483 - HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 401 East ~t1antic Ave. De1rC'l.v Beach, F'1oridn. 33483 CITY, ZIP . PRINCIPLE BUSINESS STREET ADDRESS, 278-3260 278-2885 HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Downtown Development ~uthority - LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS Bachelor of Business Administratinn (Mrlnrlrrpmpn~ ) from the College of William and ~arv~ Master of Businpss ~drnini~~rrlr;~n lMarket~nq} from the University of Florida LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Buyer and Manaqer at Mercer Wenzel. Inc. DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. I have a broad knowJedqp of hll~iTH"R~ ;:!no ;:! "pry ~rp";T;~ interest in the vitality of Downtown Delrav Reach. ~lso. I am quite familiar with the Downtown, havinq lived and worked in the area for years. PLEASE ATTACH A BRIEF RESUME. r 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 '~~ 7/10~ r f /flY DATE <-;/q/ AXU-L. ~ . .. CHRISTINE A. WENZEL 111 S.E, 7 th Ave., Apt, D Delray Beach, FL 33483 (407) 278-3260 EDUCATIJN UNIVERSITY OF FLORIDA, :;raduate :";chool of Business Haster of Business Adminis'tration. May 1986 Concentratlon in Marketing Title VI Fellowship in International Studles COLLEGE OF WILLIAM MJD MARY Bachelor of Business AdministratIon, Ha~' 19EfJ Ma:or 1n M4nag~rneat F2,rc)rs: :)lt~n i Group c f the college cf EUS1~ess WORK MERCER WENZEL DEPARTMENT STORE, Delray Beach EXPERIENCE Seasonal employment 1968 through 1979. Full-time employment 1981-1983 and 1988 to present. Present position includes Manager and Buyer for Children's and Domestics Departments. EF HUTTON, North Palm Beach Account Executive, 1986-1987. Trained in sales and licensed to sell sto~ks, bonds, options, mutual funds and commodities. REYNOLDS METALS, Belleville, Illinois Management Training Program in the Aluminum Recycling Division, 1980-1981. INTERNATIONAL BUSINESS MACHINES, Boca Raton student Emp:oyment Program, Summer 1979. ACTIVITIES Represented william and Mary in the NCAA Division II Swimming Heet, 1979. Represented Boca Raton in a swim exchange with West Berlin in the summer of 1978. Travel experience in North and South America and Asia. Hobbies include tennis, swimming, travel and foreign languages. ,. 1.1>' II! MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Cfl1 SUBJECT: AGENDA ITEM # c:tM - MEETING OF APRIL 9, 1991 APPOINTMENTS TO THE CARVER MIDDLE SCHOOL TASK FORCE DATE: APRIL 3, 1991 In accordance with directions received at your April 2nd workshop, a list has been prepared consisting of potential appointees for the Carver Middle School Task Force, It is recommended that the Commission appoint six citizens, five staff persons, and eight persons as recommended by various City Advisory Boards. The citizen appointments would consists of: -Two ( 2 ) representatives from the northwest section of the City -Two (2)from the southwest section -Two (2)from other areas The staff appointments would consist of: -City Manager -Director of Community Improvement -City Attorney -Police Chief or his designee -Director of Parks and Recreation Other suggested appointments include a member of the Commission and members of various City Advisory Boards. The Advisory Board appointments would consist of -Two ( 2 ) members from the Education Board -One ( 1 ) member of the Community Redevelopment Agency -One ( 1 ) member from the Chamber of Commerce -One (1) member from the Delray Beach Housing Authority -Two (2)members from the Planning and Zoning Board Each Board will recommend its own appointee(s) for Commission ratification. If approved, those appointments will be made at subsequent regular Commission meetings. Based on the rotation system adopted in the Local Rules, the first citizen appointment would be made by Seat 1, the second appointment by Seat 2, etc. , with the appointments rotating by seat number until all appointments are made. Recommend appointment of five staff members, six citizens, and two other individuals, as recommended by the Education Board, to the Carver Middle School Task Force. '. - I , Agenda I tem No.: .AGENDA REQUEST Date: 4/3/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 4/9/91 Description of agenda item jWho what, where, how much): . Creation of the Carver Mi dIe ~chool Task Force Members will develop recommendatlons to the Commisslon on the rellse of Carver Middle School ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Create Task Force from attached list Department Head Signature: ~~~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: eJJ/ NO f;Jl Hold Until: Agenda Coordinator Review: Received: ~~ . Action: isapproved .. MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~ SUBJECT: CARVER MIDDLE SCHOOL TASK FORCE APPOINTMENTS DATE: APRIL 3, 1991 ITEM BEFORE THE COMMISSION: - - To formally create the Carver Middle School Task Force which will develop recommendations for the Commission's consideration on the re-use of the school. BACKGROUND: Pursuant to the direction from the City Commission workshop meeting on April 2nd, we have attached the revised list of potential appointees. The Commission may formally ratify the appointment of staff and citizen group at its regular meeting of April 9th and the recommendations for appointment as received from the Education Board. Other City boards and organizations recommendations will be forthcoming. RECOMMENDATION: Staff recommends the Commission adopt the attached list as the suggested makeup for the creation of the task force for the re- use of Carver Middle School and appoint six (6) citizens to this committee, and formally appoint the five (5) staff persons and the two (2) persons recommended by the Education Board. LB:DQ Attachment d/9 Carver2.cc . CARVER MIDDLE SCHOOL TASK FORCE STAFF: (5 ) David Harden, City Manager (Lead Person) Lula Butler, Director, Community Improvement Jeff Kurtz, City Attorney Richard Lincoln, Interim Chief of Police or his designee Joe Weldon, Director, Parks and Recreation CITIZENS (6 ) "Possible Appointees" Daisy Fulton (Auburn Trace, Project Mgr) Ricardo Grant (SW area) Nadine Hart (NW area) Yvonne Odoms (Sherwood Park) Jonice Parker (SW area) C. Spencer Pompey (NW area) Tony Smith (NW area) + Two (2) citizens from other areas (Commission consensus is to appoint two (2) persons from NW section, two (2) persons from SW section and two (2) from other areas) OTHERS AS SUGGESTED: (8 ) One (1) City Commissioner Two (2) Education Board Members Board recommended: Lillie Parker and Carolyn Young One (1) Member of the Community Redevelopment Agency One (1) Member of the Chamber of Commerce One (1) Member of the Delray Beach Housing Authority + Two (2 ) Members of the Planning and Zoning Board (Each Board is to recommend its own member for Commission consideration) I" MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER M^1 SUBJECT: AGENDA ITEM # U - MEETING OF APRIL 9, 1991 RESOLUTION NO. 28-91 DATE: APRIL 3, 1991 This is a Resolution modifying the Community Redevelopment Plan to provide for a more detailed commitment of funds for the N.E. 2nd Avenue streetscape improvements project. This resolution authorizes the expenditure of $10,000 towards the installation of paver blocks at the intersections along N.E. 2nd Avenue between Atlantic Avenue and N,E. 4th Street, Recommend approval of Resolution No. 28-91 modifying the Community Redevelopment Plan to provide for a more detailed commitment of funds for the N.E. 2nd Avenue streetscape improvements project. ( /\ -~ , ;#7' l/ [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE 310 S.L. 1st STREET, SUITE 4. DFLRAY BL<\CII, FLORIDA 334R3 4071243-7090 . TFLECOPfER 407127R-4 7 55 MEMORANDUM Date: April 2, 1991 To: David Harden, City Manager. Assistant City Attorn~ From: David N. Tolces, Subject: Resolution Modification to CRA Plan - Northeast Second Avenue Streetscape Please place this item on the agenda for the April 9, 1991 regular meeting. This item was approved in resolution form by the CRA on March 14, 1991 and requires Conunission approval prior to any action being taken. DNT: sh Attachment - .--. - RESOLUTION NO. 28-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH, FLORIDA; TO PROVIDE FOR A MORE DETAILED COMMITMENT OF FUNDS FOR THE NORTHEAST SECOND AVENUE STREETSCAPE IMPROVEMENTS AS CONTEMPLATED BY THE PLAN; FINDING THAT THE MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATION IS CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIRE- MENTS OF FLORIDA STATUTES SECTION 163.360(6)(7); AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Commission of the City of Delray Beach, Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a Community Redevelopment Agency as provided in Florida Statutes section 163.356; and WHEREAS, on December 23, 1986, the Board of County Commissioners of Palm Beach County passed and adopted Resolution No. R-86-2003 delegating the exercise of the powers conferred upon the County by Chapter 163, Part 3, Florida Statutes, within the boundaries of the Ci ty of Delray Beach to the governing body of the City of Delray Beach completely and without limitation; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has heretofore approved a Community Redevelopment Plan on the 9th day of September, 1986 by Resolution No. 49-86 as subsequently amended on November 24, 1987 by Resolution No. 47-87 and as further ratified and amended on February 14, 1989 by Resolution No. 6-89, and as further ratified and amended on the 25th day of September, 1990 by Resolution No. 86-90; and WHEREAS, the Community Redevelopment Agency of the Ci ty of Delray Beach, Florida, hereinafter referred to as the "CRA", has heretofore adopted a Community Redevelopment Plan; and WHEREAS, the CRA is desirous of modifying said plan to provide for more detailed provisions for funding the Northeast Second Avenue street- scape project to include specific improvements and allocations of funds therefor; and WHEREAS, the Community Redevelopment Agency of the City of Delray Beach has recommended to the City Commission of the City of Delray Beach, Florida, pursuant to its Resolution No. 3-91 that the Community Redevelopment Plan be further modified to provide for a more detailed commitment of funds for the Northeast Second Avenue streetscape improve- ments whereby the Community Redevelopment Agency will expend tax incremental financing funds to assist the City of Delray Beach by providing funding for paver block installation in conjunction with the streetscape plan within the Community Redevelopment area; and WHEREAS, the City Commission finds it to be necessary for the rehabilitation, conservation and redevelopment or a combination thereof, of the Community Redevelopment area and in the interest of the public health, safety, moral and welfare of the residents of the City of Delray Beach to amend the Community Redevelopment plan for the purpose of . . __"'__ __.. _'__ n___ ___ ___m_ ___._ ___._~ providing for the implementation of a streetscape program whereby the Community Redevelopment Agency will expend tax incremental financing funds to assist the City in funding for paver block installation for the purpose of enhancing or upgrading the appearance of Northeast Second Avenue within the Community Redevelopment area; and WHEREAS, the City Commission finds that the modification conforms to the Community Redevelopment Act of 1969, as amended; and WHEREAS, the City Commission finds that the modification is con- sistent with the City of Delray Beach's Comprehensive Plan; and WHEREAS, the City Commission further finds that the modification meets the applicable requirements of Sections 163.360 (6) (7), Florida Statutes; and WHEREAS, the City Commission shall hold a public hearing on said modification to the plan, after public notice is given in conformance with the requirements of Chapter 163, Part 3, Florida Statutes; and WHEREAS, the City Commission finds that the enhancement of the physical appearance of the streets within the Community Redevelopment area will serve the Community Redevelopment Agency's basic objective of the eliminating and preventing the spread of slum and blighted conditions and the Community Redevelopment Agency's economic objective to increase the level of economic activity in the tax base within the Community Redevelopment area; and WHEREAS, the City Commission finds that the implementation of the paver block system by the Community Redevelopment Agency to provide for funding for paver block installation along Northeast Second Avenue within the Community Redevelopment area will serve to facilitate the above-stated objectives. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the preamble stated above is hereby incorporated by reference herein, as findings of fact upon which this resolution is based. Section 2. The Community Redevelopment Plan is hereby modified in the following respects. The following modifications shall be inserted in the places as indicated on Exhibit "A". A. Section 1: "Overview of the Community Redevelopment Plan"; Subsection "Redevelopment and Public Improvement Concepts"; Sub- subsection "Streetscapes as set forth on Page 9 of the Community Redevelopment Plan shall be amended to add at the end thereof the following: Streetscape Improvements to Northeast Second Avenue (Pineapple Grove Way) between Atlantic Avenue and Northeast Fourth Street will enhance the physical appearance of the street and emphasize its connection to the downtown Atlantic Avenue retail core. B. Section 1: "Overview of the Community Redevelopment Plan"; Subsection "Urban Design Concepts", the first paragraph thereof contained on Page 12 of the Community Redevelopment Plan shall be amended to read as follows: 2 Res. No. 28-91 Ii -------- - -- --.. ------ -~-~-- _< - ___________,,__,_.___________n___ _______..~___.~ __ The Major Urban Design Actions, Inc. , and the Redevelopment Plan are focused on the Atlantic Avenue and Northeast Second streetscape improvements, landscape improvements to Veterans Park, and the waterfront promenade linking Veterans Park to the city Marina. C. Section II: "The Community Redevelopment Plan"; Sub- section, "Implementation Program"; Sub-subsection "Sources of Redevelopment Funding and Financing"; Subsub-subsection "Beautifi- cation Program", on Page 46 of the Community Redevelopment Plan shall be amended to add at the end of the first paragraph the following: Streetscape improvements, including sculpture placements, landscapinq and paver blocks are planned by the City of Delray Beach for 1991. The Community Redevelopment Agency shall assist the City by providing funding for paver block installation. D. Appendix 4, Public Improvement Costs shall be amended to read as follows: Northeast Second Avenue Streetscape Improvements Location - Northeast Second Avenue between Atlantic Avenue and Northeast Fourth Street Scope - (1) installation of paver blocks at selected intersections $10 , 000 Section 3. That if any section, subsection, paragraph, sentence or word or other provision of this resolution, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not effect the validity of any other section, subsection, paragraph, sentence, or word or provision or its application to other persons or circumstances and shall not effect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AND ADOPTED in regular se~~aY of April, 1991. ATTEST: ' M A Y(f'R &{/JJ>n~~J//l'r Jlo1Zf City Cle k 3 Res. No. 28-91 '", ," . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~~ - MEETING OF APRIL 9, 1991 NOMINATION OF A MEMBER TO SERVE ON THE ENVIRONMENTALLY SEN- SITIVE LANDS ACQUISITION SELECTION COMMITTEE DATE: APRIL 3, 1991 With the passage of the Environmentally Sensitive Lands Bond Issue Referendum, the Board of County Commissioners will now establish the Environmentally Sensitive Lands Acquisition Selection Committee. The Selection Committee will be charged with evaluating the ecological criteria for the land selection, monitoring the results of land purchase negotiations and making final site purchase recommendations to the Board of County Commissioners. The Selection Committee will consist of nine members, as follows: two ( 2 ) members representing business and economic interestsj one ( 1 ) member representing educational interests; three ( 3 ) members representing environmental interests; one ( 1 ) member representing federal, state or local government interests; and two ( 2 ) members who are residents of Palm Beach County. Members of the Selection Committee must have expertise in ecology, conservation of natural resources, real estate or land acquisition, land management, or environmental education. The Parks and Recreation Department Director has expressed an interest in serving on this Committee. Recommend nomination of a member to serve on the Environmentally Sensitive Lands Acquisition Selection Committee, ~-=0 --------.. ('/ ~u~__/ ,,- JIi-C-;~, : ({71fi~rI~-~~ ,1(, IL'! 49 - ' -j" I " Bo~rd'.of' County Commissioners t;-~J~ I li .!~. /,?'-v-r: '"', :/ County Administrator Karen T. Marcus, Chair Jan Winters Carole Phillips, Vice Chair Carol A. Roberts Department of Carol J. Elmquist Mary McCarty Environmental Resources Ken Foster Management Maude Ford Lee b -It ", k, t 'ii' '" ";t.... 'AR 2 5 'r' CITy M 1997 March 22, 1991 )1NAG - tRS OFFiCI.. David Harden, Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Dear Mr. Harden: SUBJECT: ESTABLISHMENT OF ENVIRONMENTALLY SENSITIVE LANDS ACQUISITION SELECTION COMMITTEE With the passage of the Environmentally Sensitive Lands Bond Issue Referendum, the Board of County Commissioners will now establish the Environmentally Sensitive Lands Acquisition Selection Committee. The Selection Committee will be charged with evaluating the ecological criteria for land selection, monitoring the results of 1 and purchase negotiations and making fi na 1 site purchase recommendations to the Board of County Commissioners. The Selection Committee will consist of nine members from Palm Beach County, representing the following areas: A) Members of organizations representing business and economic interests in Palm Beach County; B) Members of organizations representing educational interests in Palm Beach County; C' Members of organizations representing environmental interests in Palm I Beach County; D) Representatives of federal, state or 1 oca 1 government, except for employees of the Palm Beach County Department of Environmental Resources Management, whose day to day responsibilities relate directly to environmental resources in Palm Beach County; and E) Other residents of Palm Beach County. 3111 SOUTH DIXIE HWY., SUITE 146 WEST PALM BEACH, FLORIDA 33405 (407) 355-4011 SUN COM 273-4011 @ printed on recycled paper ,. I'" "' - . . ~' - . Page 2 March 22, 1991 The Board of County Commissioners will appoint two members from category A, one member from category B, three members from category C, one member from category o and two members from category E to sit on the Selection Committee. Initial appointments to the Select i on Committee shall be: members appointed from categories A and B, a term of one year; members appointed from categories C and 0, a term of three years; and members appointed from category E, a term of two years. All future appointments or reappointments will be for three-year terms. Members of the Selection Committee must have expertise in ecology, conservation of natural resources, real estate or land acquisition, 1 and management, or environmental education. This experience must be documented in written form for each nominee considered for appointment to the Selection Committee. If your organization would like to be represented on this committee, please send a letter of interest to me by April 12, 1991. This letter should include the name, address and telephone number of your nomi nee and a current resume or written documentation of the applicant's experience, as described previously. The Department of Environmental Resources Management will provide a list of all nominees to the Board of County Commissioners. The Board will then select the members of the committee. Should you have any questions or require any additional information, please contact Kathleen Brennan at (407) 355-4011. Thank you for your assistance. Sincerely, 47~~~ Richard E. Walesky, Director Environmental Resource Management REW:DJE:kab cc: Board of County Commissioners Jan Winters, County Administrator Robert Weisman, P.E., Assistant County Administrator ,. , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM if ~ 0 - MEETING OF APRIL 9, 1991 BUDGET AMENDMENTS TO THE 1987 UTILITY TAX BOND FUND DATE: APRIL 3, 1991 This item is before you to approve budget amendments to the 1987 Utility Tax Bond Fund in order to complete construction on Fire Station No. 2. Extra funding is needed to cover the costs of previously approved Change Orders, water and sewer connection fees, and to purchase furnishings, As of March 20, 1991 there is $266,322.85 in interest earnings available. Recommend approval of budget amendments to 1987 Utility Tax Bond Fund in order to complete the Fire Station No. 2 project. . .// d ~!'I / -~ \ ~ . , . I" 'L . :' '- c! I... Agenda Item No. : AGEBDA REQUEST Date: o3.-.?.O'-~ I Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 3/-u:.{C,' Description of agenda item (who, what, where, how much): -- Ptpp~",z e'-'t>1:r2A" ~fY\?-~~ TO Ie; 11 l)r'. ~~ TIikt '6oNJ> \=UN.D ~(\o3'~ . Recommendation: Department Head Signatu Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on a11 iteas involving expenditure of funds) :y,lAJe'o-.'<k..- 3/l'rl'1 , Funding available: ~/ NO Funding alternatives: (~f applicable) Account No. & Description: (;~If LI~~'I,/ {iJ,x SbAiL- ,:~/hl141 hU,/,'-vjS Account Balance: .:;J:;;-IP/U..-d.f.6'o I> 1 3/PJ/91 ~ 1/;(.(, "I J,;1~. 'i 5 City Manager Review: Approved for agenda: ~ NO ~ Hold Until: Agenda Coordinator Review: <t( s- q Received: Il~ Action: Approved Disapproved CITY OF DELRAY BEACH Page 3 of 3 Amendment Departmental Budget ty>>H~Ii~ (1) Departmental Line Transfer (2) Date March 26, 1991 (3) Interfund/Interdepartmental Transfer (4) Batch Number (5) REQUESTED BY: Joseph Safford, Director of Finance -------.-------.----- -----------.-.--..-------- -----.-.---....--. -_.-------._---.~ (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN .----.--------------- -.-.--.----.-------.-.---- -.------------.-.. ----.---------.-. 333-0000-301-33.00 Interest Earnings 145,000 33-6111-581-90. II Contingency-Reserve for 85,000 Arbitrage Rebate 33-2311-522-60.31 Fire St.#2-Bui1ding 30,000 33-2311-522-60.81 Fire St.#2-Furniture/Fixtur s 30,000 (10) TOTAL 290,000 ------------------ ----.--...------- JUSTIFICATION: To transfer $85,000.00 from interest earnings to the Contingency for Arbitrage Rebate in the 1987 Utility Tax Bond Fund. Recognize Utility Fees, Sewer Relocation Costs, minor contract changes in Fire Station #2 $30,000. Approve ASSIST. CITY MGR. CITY MANAGER --.-.-.----.----------.------.----.-..-.--.-.. (11) BUDGET REVISION DATE (12) CONTROL NUMBER (13) PERIOD (14) COUNT WHITE. ORIGINAL. BUDGET . CANARY. COPY. FILE . PINK. COpy. DEPARTMENT '" , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # cr P - MEETING OF APRIL 9 I 1991 AMENDMENT TO THE CODE OF ORDINANCES/POLICE AND FIRE PENSION BOARD DATE: APRIL 3, 1991 We have received a request from the Police and Fire Pension Board for an amendment to the Code of Ordinances to allow the Board the option of investing in Israeli Bonds. The Finance Director has reviewed this request. A copy of his opinion is attached as backup material for this item. Recommend denial of the request from the Police and Fire Pension Board for an amendment to the Code of Ordinances to allow the Board the option of investing in Israeli Bonds. ~~{ to \ ", . Agenda Item No.: AGENDA REQUEST Date: March 9. 1991 Request to be placed on:' ~ Regular Agenda Special Agenda >< Workshop Agenda When: 4h/~ ( , Description of agenda item (who, what, where, how much): Reauest to revise City oraitutl.~Q 33 66 (F) (?) - "Fin;'!nces and Fund Management"for the Delray Beach Police ~n~ Firpfighters Retirement System. ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: We would request that the ordinance allow the Pension Board rhQ nprinn nf invp~ting in T~rae]i bonds. _ __ _____ It ~ho1l1dbe noted that Israeli bonds are the only authorized foreign investments which can be made. Department Head Signature: Salvatore Arena, Board Secretar Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involvinq expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: &D NO 1M Hold Until: Agenda Coordinator Review: Received: '-i I ~ (l1l if bU . Action: Approved/Disapproved . .. -, . MEMORANDUM TO: David T. Harden City Manager FROM: Joseph M. saf~ Director of Finan e SUBJECT: Personal Opinions on Pension Investments in Israeli Bonds DATE: March 20, 1991 Your office requested comments on the issue of the Police and Firefighters' Pension Board request to have the Ordinances changed to allow for investment in Israeli Bonds. Personally, I am of the opinion that the Administrative Board should not direct the investment of Pension Funds in specific stocks, bonds, or other instruments. It is the duty of the investment advisors to invest employee Pension Funds and I would be concerned from a fiduciary liability standpoint if the Board exceeded their duties and responsibilities by directing the investment advisor to specific instruments. If this particular investment failed for any reason, the Board members could possibly be held personally liable for exceeding their authority. Secondly, I am of the opinion that the Board should not put itself in the position of possible discriminatory actions since it is recommending one and only investment instrument outside the United States. What would be their reasoning? Thirdly, I am of the opinion that the Board should not put employee Trust Funds in any possible jeopardy of loss. The State of Israel is surrounded by countries that have committed themselves to the ultimate destruction of Israel, the political environment is unstable with extremists on both sides, and day to day life is one of confrontation, fear, and possible military conflict. I would not commit employee Trust Funds to investments in the Middle East that are not backed and secured by the United States government. Fourth, it is my understanding that there is no market for these bonds; therefore, they must be held until maturity and there is no alternative. This restricts the investment advisor who may have a market that would provide improved performance, but cannot liquidate the funds. JMS/slh MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~ - MEETING OF APRIL 9, 1991 BEACH RENOURISHMENT PROJECT DATE: APRIL 3, 1991 This item is before you for direction regarding the beach renourishment project. The beach resourishment project is scheduled to begin this summer. This is a $6.5 million project. We have received funding from the State in the amount of $2,007,236 and from the County in the amount of $938,000. Funding was requested from the Federal Government in the amount of $3,574,458j however, the funding was not included in their budget. There are several options available to the Commission with regard to this item: 1. To defer the schedule for the beach renourishment project. 2. To seek a inclusion or a commitment for Federal funding from FY 92/93 funding. 3. To aggressively lobby Congress to add funding to the 91/92 Federal budget. A detailed staff report is attached as backup material for this item. I recommend that we authorize Kathy Daley to lobby our congressional delegation to have this project added to the 1991-92 federal budget. Based on my discussion with Kathy and other lobbyist we have nothing to lose except some lobbying costs. If we are unsuccessful, we will have gained more credibility for our project for the 1992-93 budget. We have attempted to reach Kathy in Tallahassee in order to provide you with a cost estimate for lobbying of the congressional delegation. Attempts to reach her Friday were unsuccessfulj however, we will continue to try to contact her and hopefully will have those figures prior to your Tuesday evening meeting. 'II' Of<. B+1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER -"" '\. ~\ d\~ ~---~~~ ~~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF APRIL 9, 1991 DIRECTION RE INCLUSION OF THE BEACH RENOURISHMENT PROJECT IN THE FEDERAL FY 91/92 BUDGET ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of providing direction with respect to efforts directed toward obtaining Federal Funding for the Beach Renourishment Project in the next fiscal year (Federal) budget (FY 91/92). BACKGROUND: Current plans have scheduled the beach renourishment project for this summer. Funding is firm from two sources - the State ($2,007,236) and the County ($938,000). The third source is the Federal Government ($3,574,458). If the Federal funding was included in the Administration's proposed budget, we would have recommended proceeding per the current schedule. However, the Federal funding is not included in the Administration's budget. We believe this to be because the reauthorization was not executed until about January 31, 1991 and this occurred after Departmental funding proposals were formally made to the Administration. Thus, we are in a position to take one of the following courses of action: 1. Do nothing at this time other than defer the schedule to next year and anticipate that the project will be included in the Administration's FY 92/93 budget proposal. 2. Seek inclusion or a commitment for funding i. e. seek an Administration commitment for FY 92/93 funding. To do would involve lobbying activity at both Congress and the Administration. 3. Intensive effort for inclusion i. e. seek to have Congress add funding to the FY 91/92 Federal Budget. This would be a more resource consuming effort. . . City Commission Documentation Direction Re Inclusion of the Beach Renourishment Project in the Federal FY 91/92 Budget Page 2 Impact on Interlocal Agreement: As long as any of the above result in funding for FY 91/92 or a commitment for FY 92/93, we would proceed with the project without any change to our relationship with the County. The current agreement runs through September of 1992. Impact on State Funding Participation: While the funding has been allocated in the State budget for this current fiscal year (FY 90/91) it has not been appropriated. Two factors apply: one being the general hold on non-appropriated funds due to fiscal constraints and the other in that the project is not formally and fully committed to construction by us. The allocation is valid through April 1, 1992. Because of the priority of the City's project, it is unlikely that it will be adversely affected by budget cutting activities at the State level. However, one must always consider the fiscal situation in the State. It is anyone's guess as to whether there will be more fiscal restraint at this time next year as there is now. Funding of lobby expenditures: A limited amount of funds are available from Kathy Daley's lobbying contract. If additional funds are required, they are available from our contributions (earned interest) to the Beach Renourishment Revenue Account. At this point in time, there is no estimate of potential lobbying costs. RECOMMENDED ACTION: There is no recommendation at this time. We will continue to work with Kathy Daley and with our other sources in determining the best course to take and will report at the Commission meeting. DJK/#78/CCFED.TXT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # , ~ - MEETING OF APRIL 9 I 1991 COUNTY OPTIONS REGARDING THE ALLOCATION OF LOCAL OPTION GAS TAX DATE: APRIL 3, 1991 Our current agreement with the County for the distribution of the Local Option Gas Tax expires in 1995. The County is offering us three options for distribution, to be effective upon renewal of the agreement. Staff has reviewed these options and recommends that we choose Option No. 2 which is a graduated or phased approach to accomplishing the distribution. Under this device the County's share will increase by 1.5 % per year in 1996 and in each succeeding year until their share equals 82%. This method provides the City with the time to gradually absorb the overall revenue decrease over a 10 year period. Recommend approval of Option No. 2 for the distribution of the Local Option Gas Tax. ,../ l7LSO'-(1::::- MEMORANDUM TO: David T. Harden City Manager FROM: Joseph M. saff~ Director of Finane SUBJECT: County Options--Local Option Gas Tax DATE: March 20, 1991 The County has offered the City of Delray Beach three options for the distribution of the Local Option Gas Tax. The current Agreement regarding the distribution of this Tax by the County expires in August of 1995. The projected revenue from this tax for 1990-91 is $811,507. The County anticipates a 2.5% growth factor for the ten year period starting in 1996; therefore, a projection of our current revenue at 2.5% until August 1995 at 2.5% would be $918,146 or a total over ten years of $10,286,340. Although this formula was not offered by the County, I thought it appropriate to provide our present distribution formula for this tax in order to properly evaluate the County-offered options. The County has offered the City three options for the renewal of our Local Option Gas Tax effective August, 1995. These options are defined and evaluated below: OPTION It 1 The County feels that this option is what the State will grant absent an Interlocal Agreement. This option assumes an 83% County/17% City split effective 1996-2005. Ten Year Projection: $5,223,449 OPTION tt2 The County states that this option is the graduated or phased approach to accomplishing the distribution of funds. In other words, the County share will increase by 1.5% per year in 1996 and in each succeeding year until their share equals 82% in 2005. Ten Year Projection: $7,523,877 OPTION It3 This option assumes a 75% County/25% City split effective 1996 through 2005. David T. Harden, City Manager March 20, 1991 Page Two Ten Year Projection: $7,694,778 EVALUATION OF OPTIONS: It should be recognized that the option with the highest value (Option 113 = $7,694,778) means a minimum $2.6 Million reduction in revenues from this source over a ten year period or an average of $260,000 per year. Option 111 is unacceptable since it would represent a loss of $5.1 Million in revenues over a ten year period when compared to our current revenue stream. Option 113, although more in total revenues compared to the other options over a ten year period ($170,000), starts in 1996 with revenues $231,000 lower than our current level. Option 112 starts in 1996 with $52,745 less than we would receive in 1995 and gradually decreases. This option allows the City to gradually absorb the overall revenue decrease over a ten year period. The Finance Department, assuming no other options are allowed by the County, would recommend Option 112. A worksheet with the various options is attached for your information. JMS/slh Attachment j;IIl foOlI ANALYSIS OF OPTIONAL GAS TAX OPTIONS 1 THRU 3 YEAR 1 VARIANCE YEAR 2 VARIANCE YEAR 3 VARIANCE YEAR 4 VARIANCE YEAR 5 VARIANCE FY 90-91 m m m m (7.) ----------- ---------------------------------------------------------------------------------------------------- (1) CURRENT 811,507 918,146 2.50% 941,100 2.50% 964,627 2.507. 988,743 2.507. 1,013,461 2.507. (j) OPTI ON 1 811,507 467,042 -42.457. 478,718 2.507. 490,686 2.507. 502,953 2.507. 515,527 2.507. (2) OPTION 2 811,507 865,401 6.647. 844,797 -2.387. 822,621 -2.637. 798,808 -2.897. 773,291 -3.197. (1) OPTION 3 811,507 686,826 -15.36'J: 703,997 2.50% 721,597 2.507. 739,637 2.507. 758,128 2.507. FY 90-91 YEAR 6 VARIANCE YEAR 7 VARIANCE YEAR 8 VARIANCE YEAR 9 VARIANCE YEAR 10 VARIANCE ----------- ---------------------------------------------------------------------------------------------------- (1) CURRENT 811,507 1,038,798 2.507. 1,064,768 2.507. 1,091,387 2.507. 1,118,672 2.507. 1,146,639 2.507. (1) OPTION 1 811,507 528,415 2.507. 541,626 2.507. 555,166 2.507. 569,045 2.507. 583,271 2.507. (2) OPTION 2 811,507 745,998 -3.537. 71b,857 -3.917. 685,794 -4.33% 652,728 -4.824 617,582 N/A (1) OPTION 3 811,507 777,081 2.507. 790,508 2.507. B16,421 2.507. B36,B31 2.507. 857,752 2.507. TOTAL ----------- CURRENT 10,286,340 OPTI ON 1 5,223,449 OPTION 2 7,523,877 OPTION 3 7,694,778 FOOTNOTES: (1) ASSUMES A 2.57. GROWTH INCREASE (2) ASSUMES A GRADUATED/PHASED DISTRIBUTION 3120/91 ,,. ; ,I . Board of County Commissioners County Administrator Karen T. ~larcus. Chair Jan \\"intt'r, Carole Phillips, Vice Chair Carol A. Roberts Carol J, Elmquist Marv McCartv . . 01 Ken Foster ~ r; [i1 J Maude Ford Lee ~; I i March 5, 1991 Mr. Lomax Harrelle RECEIVED President MAR 2 1 1991 PaLm Beach County Municipal League P.O. Box 1989 GI" .,.... ~t.i...J OfFICi:. West Palm Beach, FL 33402-1989 Dear Lomax: On September 25, 1990, I sent to all the municipalities a letter providing two options on the distribution formula for the extension of the gas tax, effective 1995. Unfortunately, the response was somewhat sidetracked by the belief the County had committed to one city to extend the gas tax at the present formula in exchange for support on the local option sales tax. An examination of the verbatim transcript of the meeting, when. the city in question made its final determination on sales tax, finds no such commitment was made. It is also unfortunate that during this period of time, the County's financial position steadily became more difficult. I expect the three options you will find on the attachments have the best chance of winning support of the County Commission in this difficult financial time. Option 1 is what we believe the State will grant absent an interlocal agreement. We have already provided a detailed list qf road expenditures by entity to document this belief. Option 2 is the graduated or phased approach to accomplishing this distribution. You will see on the breakout of individual cities over the lO-year period, the financial impact is fairly moderate, and there is not a severe jolt to the cities' budgets. Option 3 is the one cited in my letter of September 25th. I am available to meet with you to further discuss this issue. / an Winters //County Administrator JW/adg Attachments .. :\n Egual Opportunity -\ffirmativc Action Employer " BOX 1989 WEST PALM BEACH. FLORIDA 33402-1989 @ prmted on recycled paper 'La :H:~ ::l.:r 5;: :!H ~JCI: 01,;,e .as ~u ?rlpoud J;Hr:outlOa. BHuea PBC i ~;t;es : 996 I1It5 . i:n H:;mSl Co un t y CltlU ..J..t!!.9..!l! ~ ...1lliL Qll.!..2!...ll AilocHloa based oe 8ll/lll spli: effemve for 246,2 IU 2!U tbe yeu :136 tbrauqb tbe year aiS, Bued ou bucomal expeadnurea, tlllt II ,be proJec,ed split tbat would be uudated by state fonula IbseQ, IU iater,ocal Iqreeuat. QllW..ll. A110c,moe based ou laerulluq COQDty'S Ibare m.: .~. 5 196,6 ia 1996 aDd lC mil of tbe follOVlDq , yem by 1.51 yurly uDtll rueblaq 821 Ie yur ZItS. ~ A,lmtlOa based oa 7\l.;5l split effeetife for 222,4 14.2 296,6 tbe yur 1996 tbroaqb tbe yur ats. CUrTnt local optioa qu tn upiru laqut 31, 1m, The allue iaeuu.d reUDUe estiutes He calculated oelf for tile It fur ntll'ioa period aDd ....IU tht tb. earnat 2/3d/3 rata would coutim lC effect for tbe initial period of tbe lnurloealafrulut (lafut 1m). ieveDae luereaus are bued on 1l1ataiDaf , ent local optioa ,u tll for It fun 1itb a 2 112 aaaual ;aflltlOD factor, -- > - . 01_ c:J :1~~E~~~~~~~~:~~E~E~~~~~=~~~~~~~~!~~~ ~I~ ;;; ~.... ~ :E~~~~.::::?:;~~E::~~~:~~~~~~-:~~~~:~~ :-~ ~_~~~~~~~"~~~_w~o~___~_~__n~ _. ~~o~~_. _~~~w _www _~~~ __~ wo~_~~. ~~W_ __~ _ ___~__nnn ~_ _~__ n _w~ ~~_~~Q~ ~ 00 . _~o~~~ ~_~ ~ _0 ~ ~ -. ~W~~_Q~ ~ l':.'lI:f Q,o ..c:I .,. QI .... ....- - <""'I roc w " _. .. _ ~ ~<""'I~~~ l':.'lI:f_ ,. ~ ~ ~ ~., _ 00 ~ .... ~~ ~~ ~~ ~_ n _ _~_ ~ n Qo ~ 0..... D6 =- CII'" (""'I< ... ~ 00 .... ,~ ~ ~ ~ ~ 00 " ... ~ ~ n .... ,<a ,"1ll .... ~ =- .. ~ ~~ .. ;;;- ," ~ 0- 00 ~ ~ ~ ~ ~ . I - .... . - 00 ~ . ... .. II _ _ _ =--.... ~ :; 01 .. ~ _ <:) ~~~- ~- ~~ - --- ~ - ~ ~~~-- ~~~~ __~~~~~_~~~-~~_____ ~~~~ - - ~~_~o~ ... .__~_~_$~~~~_~~_~~_~__~~_~____~__~_~___n~ ~ ..... ........................................... - -... - -..... -..... -'" -...... - - -........ C>>r4 ~ -~~~~~~--~-~-~--~~---~-~-~~-~----~~~-~~~- -----~~--~-~-~~~---------~-~---~-------_.~ ~ :~~--~~~-~-$--~~---~~---~~~~---~-~--~~-g w - ... ". ~ ~ ~~~ ~ ~ ~ -~ -~ -- - - - - ~-- .... ~ --~ --$--~~~~~--~~~- - ---- - - --~~-~ n ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ - ~ - -~--~~~---~----~~--~~-----------~-~--- 4 _. --~~-~--~---~~~~~~--~-~-~-~~--~-~~-~~- ~ ~ ~~~-~--~~~----~-~-~-~~---~-------~~-~- Q :;; ~ 0- ~ ... .... ... -~ ~ ~ - - ... ~- -~ -- ~ ~ - - ~-- ~ Q --- -~-----~~~--~-~- - ---~ - - ~--~ ~... ~ ~~--~~~~-~-~-~~-~----~~~~---~--~--~--~ ~ ... ~ . ......-...............................-""....................................-.. -~-~----~--~~------~--~~-~-~-~--~-~--~ E- -~-~---~---~~------~~-~-~~------~--~-- - ---~-~-------------~~-~-~------~------ - ... - ~ ... or ~ ~ -~ Q ... ~- -~ -- - - - - --- ... '" ~ ~ ::;. --- -~----~-----~-~- - ---- - - ---- ~ ... ~--~-~--~-~~---------~~--~--~------~~- ~ ... ...................-..................................................-......-........ ~ 00 -~----~-~--~-~----~---~---~----------- .... ~ ---~--~------------~-~~-~------------- ~ ... -~-~-~-~-------~------~--------------- - ~ ~ " ~ ... ~ ~ ~ ~ ~ - - ~ - - ~ ~ -- -- -- - - - - --- ~ ~ -~- -~-~-~--~~------ - ---- - - ------ W _____________~____~_________~_________ ~ fI"" ... _ - -... _... _................................................ - - -.. -........... G ___~_~~___-___________________________ ~ -~-~---~-~--------------~------~------ = -----~-~---~---~~---------~~~--------- H ... ~ ... ~ - ~ :;- - ~ - -- ~- -- -- - - - - - --- ~~ - --- -------~----~--- -- ---- - - ------- ------------------------------~------- -~ - .. ......."".................--.......""........-......-.....-.......-............... - - ~__~_~___~_~___________~~_~_~_________ 0 _______~_~_~_~_~~_~~____~_~_____~____~ au :~------------------------------------ -~~ __ ~~ __ _ ~ _ _ _ __~ ~~o ~__ __~~_~_~~___~_~_ ~_ ____ _ _ ~______n --~--~-~-~~-~~----~--~----~~~--~~-~--- - ~ .. ........_..____._................__......_""..._..._..............._... t.-_ -----~-~-~~~~--~------~---~-~-~------- - ___~-~_~___~__~____~__~_~~.~~~____~___ _c -----~--~-~-~--~~-~-----~_.~~-~------- ~~ ... ... l :: ... ... ~ ;;'::.- __ _~ __ _ ~ _ _ ~ ___ __0- ___ ___~__~_~___~_~_ __ ____ _ _ ____ _a~ ----~--~~-~~----~~--------~-~~~----~-- - ... .....-........---"".........-.....--......----..-.....""........ - ---~----~----~----~~--------~-~------- -------~--~---~~----------------~----- - -------~---~-------~--~-~--------~---- ~ ~ ~ -\ . - -- -~ -- - -~ - - - --- ~ ------------~----~~- -- ---- - - ~-~--- --~------~---------~--------~~--~----- - - - - .. - .. - - . .- - - ... - ... ... . - ... ... - - ... .. ... ... ... - ... -' . - . . - ... ... ... ~---~-----------~--~----~----~~--~~~~~- -------~------------------~-------~--- ~---~-------~-----------------~---~--- -\ -- -~ -- - --- - - - --- -s --- ---~----~------- -- ---- - - ~--~ -~-----~----~--~----------------~----- .. -..--..-----........-.........---..-----.-............- -------~------------------------~~---- -~---------~-----------~----~-~------- --~----------------------------------~ -~ - -- -~ -- - -~- - - - -~~ - ~ - - -~- -~-~-~----~----- ~- ---~ - - ---~ ~ --~--~--~-~~--~~-~~-~-------~-~---~~-- ... ......"".....-.-.--........-..........-.--""---...-..... ~------~-------~-~-----~~--~~---~~~--- -~~--------~------~~---~--~~~~~--~--~- -~-~-~-~-~-~~~-~--~--~---~~---~-~~-~~~ , ~r ~~ ~~ ~ ~ ~ ~ ~ ~~~ ~ ~~- -------~----~-~~ ~- ---- - - ~-~-~ ~-------~-----~~---~-----------~~-~---. ~---~~--~-~~-~-------~------------~-~-- - ..............---...-................-........-......-........-.......... .---------~-------~------------~---~--- .~----------~-------~----~--~~-~-~--~~- :--------------~----~~--------~--~----~ ~\::a ~ -~~~~~~~~~-~~~~~~~~~~-~~~~~~~~~~~~~~~. " '. '::ol 00 ~ -- "" Qf a.o "" ~ ~ <:) "" "" "" C>> "" "" G: C c= _ _. 11M c= _ 0. <:> _ .. _ ~ ,~ 00 .... _ \ ~.I: 5. ~~~~!~'~~~~[~~~~~z~=~~~~~a~~~=:~i~';2~~! ~~ -~~~~~ o_oc~~~,,~c""~~""_ ~~ ~~ ~ ~ ~ ""~_~~""~~~~"~~_.~,,,,o,,,,__~~_a_.~"~ _ ~~~~~_I _w~~"" ~W~~ _""""0 ~~"" ~O~_~~. ~~~_ ~_~ _ _~_~_.~~n ~_ ~__~ ~ _""~ ~_~_~O~ ~ <> _ _.~~~~~ ~.~ ~ ~Q ~ ~ -~ _w_~.a~ ~ ~ ..... ..Q ...:;u co .-..... n ("..o..:w .. _. ~ ~ ~n~~~ ~_ . "" ~ ~ _~ ~ <> ~ ". .~ ~a.o .....~ ~~ n ~ <7" ;; :;u ~ ..::a ..... "" C7" C7" .... ~ '-0 .., .....0. no,., ~ ~ n ~ ~ ~~ ~ ~i i :; ! ~ ,. ~ ~ ~ .... " ~ 1- ~ . - <> ~ . - 0 " ~ - - ,-=-.... ; " ~ - 1_ <::I \I~~- ~~ __ - -__ ~ - ~ _~~ __. <> ..~~~ --~~-~~~~~~--~---~- -~-~ - - ~--~~~ ~ . so _ ~ ~ ~ so 5> ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - - ~ ~ ~ ~ ... - _ ~ ~ _ _ ~ _ ~ _ _ ~ In n ,~ 11- -~~~~~~~--~~-"'''---'''--'''--'''''--'''''-''~-~-_<:'"'I' ~ ~ ~~~~~~~~-~~-$~--~~~~$~-~-~~-~-~~~~~~-~~~- " _ _ _ ...,. ~ ..... ., _ <..-.0 _ ..,.g "'" <..-.0 ..- .... _ <SI ~ ~ <S ~ ~ _ __ ~ _ ~ _ _ ..,. <..-.0 .. ~ ~ ...,. "'" _ _ ._ a.. ~ II <..-.0 ...... _ _ ~ t.-> """" _ ..:z:, ~ <Sa _ -..I ao c. ...... - cst ~ CD ...,. ...... ...... ~ ~ ~ t.-> _ _ _ 00 ~ <..-.0 _ .. ~ ...... .... 10 0 . ,0 .... ". ~ ...... o . <> _'"CID_ _ C 0 o ~ ... ... _ ~ o "~~_ 0:.->......_ __ _ _......_ _ _ ~ _~<..-.o ~ ~ N~__ __~"_"",,__"""~<.._.o_......_...,.~_CID_ _~_~ ~ _ ~_~~_"" ~ ~ :~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ - ~ ~~~~~-~~_..~......~~~--~----~~~-~--~~~--~-~~- __~__~<.._.o_~__~......-~___~<.._.o~__~__~~~_~<.._.o~__~_~~~_ ~ o ~_~~~~~~~~~__......~~__~__~_~~~~~~~~___~_~~_ ~ -. I ~ 0 _. " ~ . - .... .. QO - - ~ ..... - - ~ ~~--- ~~- -- - --- ~ - ~ --~ ~ .._~- --~.--~~-~-----~--- ---~ - - QO-~......_"" ~ <:) ..----~-~~-~QO-QO~~~-~~~--~-~-----------~- - CI N~ ~... _ ~... _.. -.. _..... ~ -........ ~... -.......................... _ _.. _.. __ 0 ._~~-~-~~~~---~--------~------~----~~-- - <:'"'I'"-----~-------~-.~~--~----~-----~------ ~:QOQO-~-c.-QO~----~~-~---~-~-~----~------......- 0 ~ ~. ~ .. .. . .... ~ . ".. .... . -- - _. . ... ~ ... ~ ~._-- -~- -- - --- - - ~ --- ~ C=.__~ __~___~___~________ _~_~ _ _ _~_~~_ ~ = ~QO~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .... ~ o ______~______________________~-~______ ,., CI ___......____~~__.QO_~__~QO__~_______~__~_QO_~ 0 ~ ---------------~------~-~-~--~-------- .... <> ~ .. ~ ~ -I - 0 ~ - - - - .... --- -- -- - --- - - - --- ,., - ,., --- ----~--------~----- ---- - ~ ---...... - ~ .. ---------------~---------------~~---~- ~ .. ... ~..._......_......~.................................-............-...-.........-..-.. ~ QO----.---------~-~----~---~----~-~---- ... -~-~~~---~-----~~~-~--~--~~~~-~--~~--~ - ---~--------~--~----~-~------~----~-~~ m ~ " I ~ - ~ - ~ _. -- - - - a ... ... ..._. --- -...... -- - --- ~ - ~ ~-~ ~~ - _ ...,.__ _~_~~_-__~<.._.O___~____ ~___ _ _ _______ - ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~= ~ _ _~___~__________~__~_________~_~______ 0 ~ . -~--_....-~-------~~---------~--~-~-~---- ~~ ____......<.._.o____~_____~__~_______~___________ __. - . - ... .. . ~ - ~ ~ - ~ ~ - ~ II _. ~ , .-- - ~... . ... - ... _ C""'". ~ .-_ __ __ _ _~_ ~ _ _ ___ ~~o .~~- ~------~~---~~~---- ---- - ~ -~-----~~ ,., -~----~--~~-~---~-~-~------~----~---~-- - "", ~ ..... ... - .. ... ... ... - - ... - ... ... ... ... ... ... ... - - ... ... ... ... ... .. .. ... _ ... ... ... ... ... ... ... .. ~_c; ... a~___________~__~_~____~___~__________~ ~ c ".. .......__~_~_~~____~_~______~_~___~__~_~_~_~ ....0: 0 ......._--QO~---~------~~------~-~-~--~-~---- ~~ ... . -... - : I · · - . Q~ . ... ~ :; ::"'- :- ;;-::.~ .~~ __ _~ _ -__ ~ _ _ ~_~ __o~ ~ ._~_ _______~____~~_~___ ~___ _ _ ____ ~D~ :~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ -- ~ --------~-~-~----~----------~----~---- ~----~--------~--------~~--~~--~-~-~-- - ~ -------~--------~-------~---~--------~ ~ :: -~ - < - - - -- -- -- - --- ~ - - ~-- ~ --- ~-------~-~--------- ---- - - ~----- ---~---~---------~--~-------~--------- .... ... ...~... - - ... ... ~ ...-- ... - - ... ... ... - ... ... ... ... ... ... ... - - - ... ... - - ... ... - - ... ... ____-___~_________________~______~___N ---------------------------------~-~-- -~------~------~-~~~-~------~-----~--~ -~ - - -~ -- -- - -~- - - - ~~- ~ -~-- --~-~-~~~~-----~ ~- ---~ - - ~~-~-- ---~------~-~-------------~-~--------- ~ ... ...-...--......-...---...--...--........-...---.....-----......- -~-----~~-~~----~------~-~-~-----~---- -~--------~~----~---------~----------~ -~-~---~--~~-------~~-------~--------- -\ . - - ,., -~ ~~ -- - -~- ~ - - ---.- -~- -~---~----~----- -- ---~ - - -~-~- ---~----~-~--------~-------~~------~-~ - --......-...-...-...---......-..........-.............-...--......-...-... ~~-~------~----~-~~----------------~-- --------~-~-~~-.-~-~.---~---~-----~~~- ~--~~---~---~-----~~------~--------~-- -~ - -- -- -- - --- ~ - - --- ~ ... ...... ~- ... ......... _ ...... -__ 0 I~~- ~~______~___~__~___ ____ - - _~__~ ~s__~~~__~_~_____~_~~__~___~_~___~__~~~~ "......_-~---------------~-----------~-----~- ..- ........... -................................ -......... -...... -... -... -..................... :~~=~~==~~~~~=~:=~~~~~~=~~~=~~~~=~:~~~~ :-~-~------~-~--~---~~--------~~---~~-- '. 111 01_ = _~~~~~~-___Q~a~~~~~~__~~~~n~~~~~~_~~~ "CI 00 -. ~ ~ 0 0 0 - ~ ~ ~ ~ ~ n Q ~ _ ~ ~ ~ ~ c c c ~ -. ~ ~ _ Q 0 _ ~ _ _ 0 0 ~ _ ... ... .. _AeQ~4--__~~-~~a~~~"CI"CI~"CI~~_~-_~_O_~n_~ ~: ::. _d_~~____.O~_~~_~~~_._OO~~_~__~_C~~~_~ ~~~_~ _~~O"CI~ __ --__~. ~~_~ ~~ _~ _~~~~~ a_c_~~~~~C~~_~_ ~~ O~ ~ ~ ~~_~_~"CI~~~~~__'~~O~___~N~_._~~ _. ~_O_a_. ~ ~ _~_~~ _~WW -_~~ ~~_ ~O~_~_. ~_w_ ___ . _~_~_'~nn ~_ _~__ n _~~ ~~~~~O~ ~ _ _~O~~~ ~_~ ~ ~a ~ ~ __ ~_~~~a~ ~ '" ~ ~~ ~ ~ ~- ~ n N~ ~ _. CO ~ ~ ~n~~n ~- ~ ~ ~ ~ ~~ _ 0 ~ ~ ~ =r ~ ~ ~ ~ ~ ;:: ~.=' ~ cr I: ~ ... ~ '" ... ~ ~ ~ ~~ ~ ~~ CO ... ~ ~ ~ ~ - ~ .. cr 0 ~ .. ~ ~ Q, ". ~ - 0 :~~- ~ ;~ '" _.~~- ~~ ~~ - --- ~ - ~ -~~-- ._~. __~~_~~_~~~__~~____ _~~~ _ _ ~~_~O~ ~:~-~~~~~~~~~~~~~~~~;~~~~~~~~~~~~~~~~~~~~~ ~ ~~~~~~~~-~~~~~-~~-~~~--~-~~-~-~-~~~~-~~-~ ~ .~-~~~~.-~-~-~~~-~~~~-~--~-~--~~~--~~---~ - ~~~~_~~~_~_s_-~~~_~~~~~~~~~~___~_~_~_~_o ~ . CO ... M ... . '" ... .. -, - ~ 0 - . - '" -- -- ~- - --- ~ - - ~~- ~ ... --~ ---~--~~-~-------~- ---~ - - ~~~- - ~ ~ ~ ~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ... -~~~--~~-~---~~~--~~-~~----~-~-~~~~--- ~~~-~-~-----~-~--~~~--~-~~--~-~---~-~- 4 0 ~~~-~---~--~~-~----~-------~~----~~~~~ ~ Q, 0 ;;; ~ [ cr -, - ~ - - - -- -- ~- - --- ~ - - ~~- ~ - '" ~-- ---~-~~~-~--~~----- ---~ - - -~~--- ~ -~--~_.---~-~-~-~~----~-~-~----~~--~~~ ~ ~ CO - --.......................--...--......................-..........------.. ... ... -~~~~-~----------~~~~--~-~~~-~-~---~-~ --~-~--~~---~-----~-~---~-~----~----~~ - "'" _~____~__~~~__~~~~____N~_~_______~___~ ~ - ... - :;;. .. ~ ~ ~ -, - 0 cr - - - .. -~ -- -- - --- ~ - - --~ ~ ... ~ --- ---~--------~~----- ---- - ~ -~--~~ cr ~---~--~~-~---~-~--~--~-------------~- ~ - -......------.....--........----...------.....--..---- ... -~~------------~-------------~-----~~- cr ---~~~--~---~----~---~-------------~~- ~ ... ~------~------------------------------ - ~ ~ ~ ~ <'> ~ ~ ~ .. ... -, - ., ... - . - ~ ... -- -- -- - --- ~ - - --- ~ ~ --- ------.-------~--~- ---- - ~ -----~ .. -~---~~-~-----~---------------~------- ~ ... ... -----..--...--...-......-...-........---......--............---- ---------~------~~~-----~-~----------- ~ --~-----------~---~----~-------~-----~ - -------------~--------------------~--- .. .... ~ ... ~ . ... '" _-.4- ...- _=. -- -- -~ - --- - - - --- ~~ - __~ ______-___~_~______ ____ _ _ _____~G --~---~-~-~--~-~~~~---~---~-~~~~~----- -~ - - ---..------...-----------...........--.....-----.. - - ~~~~_~____~__~_~__~~__~__~__-_~____~_~ 0 ~_~__~_~__________.~_~~__~_________~__ a~ :f---------------------------------:-- ~g ... .. .... - ~ ~__ _~ ~~ _ ___ _ _ _ ~_~ ~~O ~_~ ___~_____~~_~_~____ ____ _ _ ~_~~_~_n ~~----~---~-~---~-----~-------~-~----- - - .. .._.._...__...______...__......___..._...____....._...__.. l1::.li- --~-------~~--~-------~--------------- ~ -~-~~-~---------~-~------~--~-----~--- ~Q -----~~-~-~--------------~------------ ~~ I · : .g~ --- :- ;:~- ___ ~_ __ _ ___ _ _ _ ___ _~O~ -~- -----~----~-------- ---- - - ---- --~ ~---------~~---~------~---------~----- - _ ......_____...______...___........___...____...__......_... c.... _______~____~~____.___________~_~____c.... ----------~-------------~------------- - :f---------------------------------:-- ~ . - - --- -- -- - --- ~ -.. --- ~ --- .--_...__.....--...~--_...---- ---- - - -----~ -----~--------------~------~---------- ~ ... ---...-----...------...---...----......--------- ~-~~---------_..._------~~------...._-~----- ____~_________~____~__--_____________W -----...--------~------------..._---~----- t - . - -s --- --- -- - --- ~ -.. --- --- ------~------------ -~-- - - -~-- --~------_..._-------------------------- - --......---......--------........--------...---...--- -----...---..._---------~-~~--_...--~------- -----~-----------_...-----------~---~--- ----------~--~----------~...._~----~~~-- t ~ - - ~ -~- ~-- -~ - --- ~ - - ~~- -:: --- ~--------~~~--~---- -~-- ~ - -~-- ------------~-~-----~-~-~~------~----- - ......-----------...---------................--.....-...- ~----~----~~-~-------------~--~---~~-- --------------~--~--~-~~-----~~----~-- ~~~-------~-~~-~---~-~-------~~--~---- -l - --- -- -- - --- - - - --- ~ - _ .._ _... _ _..._ _ _ _ _..._ 00 --- ~-------~-~-~-~---- --~- - - ----- ~---~-~~~---------~--~~~-----------~--- --~-----~-~-----~~-~~~----------------- .... -... - -.. - - -... - -.... - - -......... -... _.. - - - -.. - -.......... -- ~-------------~-----~--~---~--~--~----- ._--~~-~---~---~-~-----~-------~-~----- :-~~~~---~-----~--~---~-~~--~~--~-----~- '. :1,1 3~i:l :1~l~1 Sll Cent ~ocal Optlo~ Gas fax Propas~d Dlstrlbutlons Betfeen PBC & Cities 1996/2US (Sin ~illiOllSI County Ciues Revenue Revelll1e r 0 tal OPtion 11 Allocatlo~ based 011 83\/17\ split effective fOI 246,2 5',' 296.6 tbe year 1996 tbrouqb tbe year 2"5, Based o~ bistorlcal expenditures, tbis is tbe projected split tbat would be landated by state fortula abse~t an interlocal aqreelent, Optioll 21 Allocation based on increasing Coonty's sbare 224,1 1 ~, 5 29U in 1996 and in eacb of tbe following 9 years by 1,5\ yearly until reachlng 82\ in year 2"5, Olltioll 31 Allocatlon based on 7Si!l5\ split effecti,e for 222.' 74.2 296.6 tbe year 1996 through the year 2&&5. Cor rent local option qal tar erpirel loqalt 31. 1995. The abo,e increaled re'enoe estilates are calculated ollly tor the 1& year ertelllioll period and allalel that the carrellt 2/311/3 ratio would cOlltilloe ill effect for the illitial period of the illterlocal aqreelellt (laqolt 19951, Revenoe increa.es are baled on lailltlininq 6 cellt local optioll qa. tlr for 1. ,earl .ith a 2 1/2 annual inflation factor. - - --=- - - ---- .- -- - - - -- - - - - -,._- - ---- - -- - - - -.- - - - - . > - - 01_ = ~~~~~~~~~~~~~=~~~~~d~~~~~~~~~~~~~~~~~ "'a 0 _. ,.. ... ... ~~~=~.~~~-~~~Qac~~~~~Q~~~-~-~~_o_.~n__ --... ~ ~c~~~_._._.o~~~~~~~~-_oo~~~~~~Q~COQ~~~ C> ..... ~~~~~ ~c~o~~ ~~ --~mo~ ~~~~ ~~ CI _ _. ~~ ~~~~~$ Q_=_~~~~~C~~"~_ ~~ O~ ~ CI" ~~~~~~~~~~~~~~~~O~_~~~"g_~o~ _- ~~Clwa_. - c ~~~~w ~~w~ _~~CI ~~~ ~o~_~~~ ~~~~ ~_~ ,.. . _~_~_.nnn ~_ ~~~~ n -~~ ~~~~~o~ .,. .....' _ _~O~~~ ~.~ ~ ~c ~ ~.w ~W~~~CI~ ~ <:> ~ ~~ ~ ~ ~- ~ n M~ ~ _. - c ~ ~ ~n~~~ ~~ ~ w ~ ~ ~n ~ C> ~ ~ ~~ ~w ~~ ~~ n _ ~~_ n ,.. n Q.I W 00_ ~ cr CiI'" (""'9' ... .,. <:> CI" <> <> ..... ~ <> <:> <""> .... ... ,.. CI" =- ... ... CI" ..... <:> ...... n .. c ... - C> DO '" <:> c ,.. c -. - ... ... ... CI" ...... .,. C> ... ..... ... ~ ... . ~ "'" .. C> '" . ..... c " -~ - _.... :;; .. - - _ C> 00 .. ~~- ~~ ~~ - -~- ~ - ~ ~~~ -- .... n ~~~ ~-~~~~~~~~~-~~~~-~- ~~~~ - - ~~~~ <:> .... - -. . $~~~~~$~~~~~~~~~~~~--~~~~---~~~-~-~-~~ n no - .... . . . ~ . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .,. ... ::: .,. . ~~~~~~~-~~~~~~~~~~~~~-~-~~-~~~~~~~~~~~ ... .... ..... . ~~~~~~~~~-~~~~~~-~~-~~~~~~~~~~~~~~~~-- _. ~ - . ~~~-~~~-~~~~~~~~-~~~~~~~~~~~~-~~~~~~~~ CO '" . Cl ... ... "CJ ,.. - .... M _. Cl . ... .. . - " -~ .... C> - - .... CO ~~ -~ -- ~ ~ - ~ ~~- ~ ...... ~~~ ~~$~-~~~~~--~~~~ ~ ---~ - ~ ~~~~-~ .... "CJ $~~~~~~~~~-~~-~~~~~~~~~~~~~~~-~~--~~~~ ~ n .... ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--~-~~~~ ... .... .....' .....' ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~~- ~ C> ~~~-~~~~~~~~~~~~~~~~~~~~~~~~-~-~~~~-~~ .... g" .... ...... C> '" .... CI" ... ... CI" '" -I '" .... - - g" ~~ -~ -- ~ ~ - ~ ~~~ $ .... <:> -~~ ~~-~-~~~~~--~~~~ - ---~ - ~ ~~-~~~ '" ~~~~~~~~~~~~~~~-~~~-~~~~~~~~~-~~--~~~~ ~ ... Cl ~~~~~~-~~~~~~~-~~~~~-~~~~~~~~~~~~~~~~~ ... ... ~~-~-~-~~~~~~~~~~~~~~~~~~~-~~~~-~~-~~~ - c:r ---~-~.~~~-~~~~~~~~~~~~~~~~-~~~~~~~-~~ ~ .... ~ ... g" -- ... .. c:r ... ... .... -~ <:> _. - c c:r ~~ -~ -- ~ ~ - ~ ~~~ .... - c ~~~ ~~~~-~~~~~--~~~~ - ---- - ~ ~~~~ .... ... c:r ... ~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .... _. ... C> ~~~~~~~~~~~~~~~~~~~~~~~~-~~-~~~~--~~~~ c:r Cl ~~~~~~~~~~~~~~~~~~~~~~~~~~-~-~~~~~~~-~ .... ~~~~~~~~-~~~~-~~~~~~~-~~~~~~~-~~~~~~-~ .... - '" .... .... ... n ... .... co .... ... -~ - ... - - - ~~ -~ -- ~ ~ - ~ ~~~ .... ..... '" ~~~ ~~~~-~~~~~~-~-~~ ~ ---- - - ~~-~ -.,. . .. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ... co ~~~~~~~~~~-~~~~~~~~-~~~~~~-~~-~~~-~~~~ ... -~~~~-~~-~-~-~~~~~~~-~~~~-~~~-~~~~~--~ -- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~ ..- -- ... ... .... ~ - g" .. ... -- - ~ os . -..... ~~ -~ -- - ~ ~ - ~ ~~~ ~~ - ~~~ ~~~~~~~~~-~-~-~~ ~- ---- ~ - ~~-~~~~ ... ~~~~~~~~~-~-~--~~~-~~~-~~~~~~~~~~-~~~~ ~~ ... .. .......................-.............----........-......---...---.....- ~ - ~~~~~~_~~~~~~_~__~~_~__~~~~~~~~~__~_~~ 0 ~~_~~~~~~~~~~~_~~~~~~~~~~~~_~~~~~~~~~~ ~u ~~~~~~~~~~~~_~~~~~~~_~~~~~~~~__~~~~~-~ w_ ... ... <:> ...., . ~ - . .... Cl . -- ... . ..... ... . - ~~~ . ~~ ~~ __ _ ~ ~ _ ~ ~~~ ~~o . ~~~ ~_~~_~~~~_~_~~~~ ~_ ____ _ ~ ~~~~~__n " ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ . . --~~~~~~~~~~~~-~~~~~~~~-~~~~~~~~-~~~-- ~ . ~~~~_~_~~__~~~~~__~~~_~~~~_~~~~_~~~~~~ _e . ~-~~~~~~~-~~~~-~~-~~-~~~~~-~~-~~~~~-~~ ~~ . g" ... ..... <:> <:> ~ - - ~ r "CJ ... ~ ~~~ . '" -- ~~ ~~ __ _ ~ ~ _ ~ ~~~ ~_O~ -~~ ~-~~-~~~~-~-~~~~ ~- -~-~ - ~ ~-~~ ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ _M ~-~~-~--~--~~~~~~~~~~~~-~~-~~-~~~~~~~~ ~~~--~~~-~~~~~~~~-~~~-~~-~~~~~~~~~~~-- - -~~~~~~~-~~~~-~-~-~~~~~~~~~~~~~~~~~-~~ ~ <:> ... '" ~ - uo . - ~~ ~~ -- - -~ ~ - ~ ~~~ ~ ~~~-~-~.~-~~~~-~~~~~~ ~~ -~-~ .~ ~ ~~~~~- ~ ...,._~~~ ~~ _-.4~_~ ~~~!>>~ ~~~~ ~~ ~~~~_;-~.~~ :w~~._~~~::- ~~~ ~ ~~~~~_.4~~~~~~~~_~~~~~_~~~~~~~~~~~~~~~~ ~~~~~_~W~~~_~_.4~~~~_.4_.4~~~~~~~~~~~~_~~~~~ ~~~~~~~~~~-~~~~~~-~~~~-~~~~~~~~~-~~~~~ -~ . - ~~ ~~ -- - ~~- ~ ~ ~ ~~~ ~ ~~~ ~-~~-~~~~-~--~-~ ~~ -~-~ - ~ ~~~~~~ ~~~~-~~~~~-~~-~~~~-~~~-~~-~~~~~~~-~~-~ ~ - -........ - - - - ... - . ... - - ... .. ... - ... - - - - - - - - - ... - - - .. - ~ -.4~~_~__~~~~~_~~~~_~~~~_~~~~~~~~_~~~~~~ _~_~_~~~~~~~~_~-.4_~~~~~~~~-.4~_~_~~~~~~~~ ~~~~~~-~~~~~~~~~~~~~--~~~~~~~~~~~~--~~ -~ - -.... ~~ ~~ -- - -~- ~ - ~ ~~~ - ... ~~~ ~~~~_~~~~_~__~~~ ~_ _~_~ _ ~ ~_.4~~ ~ _~~~~~-_~_~~_~~~_.4~~_~__~~_~_~~~~~_~~~~ ... - - ... - - . ... - - - - ... - - . ... - ... ... .. . - - - ... - - - ... - ... ... - ... ... ... ~~-~~~~~~~~~-~~~~~~-~~~~~~~~~--~~~~-~~ ~~~~~~-.4~_~~~~~__~~~~~_-~__~~~~~~_~~~~~ -~~~~~~~-~~~~~~~~-~~----~~~~~~~-~~-~~~ I -~ ~~ -- - ~ ~ - ~ ~~~ - -r- -----~-------~-- ~- ---~ - ~ ~-~- CO ... ~~~~~~~~~~~-~~-~~~~~~~.~~~~~~~~~~-~~-~ ... ~~~~~~_~~~~~~~~~~~~~~~~~~~~~~~~~-~~_.4~~ - ~~~~~~~~~~~~-~~-~~~~~~~~~~~~~-~~~~~~~~ ~-~~~~~~~--~~~~~-~~~~-~~~~~~~~~~~-~~~~ ~~~~~~~~~~~~~~~~~~~~~~-~~~~~~~--~~~~-~ ,. " =1- = ~~~~~~~~~~~~~~X~~~~~~~~~~~~~~~~~~~~~~, "0 0 -. ~ .~ 0 0 0 _. ~ ~ ~ ~ w n 0 ~ ~ ~ ~ ~ ~ c ~ ~ ~ _. ~ c ~ 0 0 _ ~ _ ~ 0 0 ~ ~ .... .... '" ~~~c~~----~~~ooo~~~~~a~~~_~__~_O_.~n__ _. ~ ~ ~c~~~--_.__o~~~~~~~~__.oo~~~~~~o~~~o~_~ '" ..., .b~~_~ ~C~O~~ ~~ --~wa~ ~~~~ ~c C __- ~~ ~~~~~~ o_aC~~~~~C~~~~~ ~~ o~ ~ <::r ~~~~~~~~~~~~~--~~O~_~~~"a_.~n~ _. ~~o~~_. ..... <= _~~~~ ~~~~ ~~~O ~~~ ~o~_~~C ~~~~ ~_~ .... _ _~_~_.nnn ~~ ~~~~ n _~~ ~~~~~O~ ~ ..... . _~~~~~ ~_~ ~ ~o ~ ~.~ ~~~~~c~ ~ '" ~ ~~ ~ ~ ~- ~ n ~~ ~ _. :;- t:J ~ ~ ~n~~~ ~~ ~ w ~ ~ ~o ~ ~ ~ ~~ ~~ ~~ ~~ n __ ~~_ n .... n '" '" '" ..., '" <::r c:r .... '" '" '" t::r n .--, ..., 0. n '" r> .... '" .... t::r =:r "" '" <::r ..., '" I ~- n '" t:J '" - <:> ..... '" '" '" :J .... t:J ....- .... ,,. '" '" CT ..... '" <:> '" ..., '" 0. .... " ...,. t::r " '" '" " ...., :J " -~ - =- ..., ~ " ~ - _ '" ....' " ~~- ~~ ~~ - -~- ~ - ~ ~~~ -~, t:J " ~~~ ~-~~~~~~~~~-~~~~-~- ~~~~ - - ~~~~ <:> "" n .... " ~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ n n ..., '" " pO .... '" '" " ~~~~~~~-~~~$~~~~~~~~~-~-~~-~~~~~~~~~~~ .... '" '" ..., " ~~~~~~$~~-~~~~~~~~~~~~~~~~~~~~~.~~~~-- _ 0. en " ~~~-~~~-~~~~~~~~-~~~~~~~~~~~~-~~~~~~~~ '" ..... no " Cl t:J ... .." ...... no " no t:J . CO ... . <= ....' .. -~ - t:J <:> " - - ..... ... t:J . ~~- ~~- ~~ - -~- ~ - ~ -~~ '" '< . ~-- ~~~~~~~~~~~~~~~~-~- ~~~~ ~ ~ ~~~~ - ... . "" . ~~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ '" no . ~~~~~~~~$~~~~~~~~~~~~~~~~~~-~~~~~-~~~~ ..., " <AI ....' " -~~~~~~~~~-~~~~~~~~~~-~~~~~~~~~-~~~~~~ c:r <:> " ~~~~~~~~~~~~~~~~~~~~-~~~~~~~~~~-~~~~~~ ... 0. . ..., '" ....' "" . 1 ..... .. t:J cr- . ... " :::;; "" u~_ _ no . - - .... ...,. 0. "-~- ~~- ~~ - -~- ~ - ~ ~~~ '" a. "~~- ~~~~~~~~~~~-~-~~-~- ~~~~ ~ ~ ~~~~ .... pO <:> M_~~~~~~~~~~~~~~~~~~~~~~~~_~~~~~~~_~_~~ ... ... '" " - - - - - - - - - - - - - - - - ~ - - . - - - - - - - - - - - - - - - - - t:J .~~~~~~~~~~~~-~~~~~~~~-~~~~~~~~~~~~~~-~ 0. ...... "~~_~~~~~~~~~~~~S~~~~~_~~~~~~~~~~~~~~~~ r::r M~~_~~~~~~~~~~~~_~~~_~~~_~~~~~~~~_~~~~~ ..... .... . t:J - .... - . ... .. . n .... .. r::r ... . -~ - .... .. - - .... co r::r . ~~- ~~- ~~ - -~- ~ - ~ ~~~ ~ ....... ... . ~~~ ~-~~~~~~~~~-~~~~-~- ~~~~ - ~ ~~~~~~ .... .. ~~~~~~~~~-~~~-~~-~~-~~~~~~-~~~~~~-~~~~ ~ .... _. .. ~~~~~~~~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~$ c:r <:> .. .... '" .. ~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ . ~~~~~-~~~~~~-~-~~~~-~~~~~~~~~~~-~~~~~~ ..... "" . <:> '" - ... - n . ~ <:> .... .. c '" . ....' .... .~- - t:J ... .. - - ...... "'" .." II~~- ~~ ~~ - _~_ ~ - ~ ~~~ ~ .... II~_~ ~~~~~~~~~~~~~~~~~~_ ~~~~ ~ ~ ~_~~~~ ...,. ... "~~~~~~~~~~~~~~~~~~-~-~~~~~-~~~~~~-~~~- ~ h _ - _ - _ - _ - - . - - . . . . . . - - _ - - - _ _ . . _ - _ - _ - - - - - c= II~~~~~~~~~~~~~~~~~~~~~~~--~~-~~~~~~~~~~ .. ... .~~-~~~~-~~-~~~~~~~-~~~~~-~~~~~~~-~~~~~ ... .... "~~~~~~-~-~~~~~~~~-~~~~~-~~~~~~~~-~~~~~ ... - .. ... .... .... 'CJ o::r '" ~ - - """ ... .... - _. ~- - ~ ., . - .... _. "" ~-~ ~~ ~~ - -~- ~ - ~ ~-~ ~~ - - ~~~ ~~~~~~-~~~~-~~~~-~- ~~~~ ~ ~ ~~~~~~~ ...,. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~ - -.D no .- ~~~._~~~_~~_~~~_~~~~~~_~~~_~~~~~~~~~~~ 0 ... ~~~~~~-~~~~--~~~~~~~--~~~-~--~~~-~~~-~ ~~ ..., ~~~~~~~-~~~~~~~~~~~~~~~~-~~~~.~-~~~-~~ ~~. - .. - ... CO ., ... ~ - '" .,co. .... ...... (""'t' .: ..... ~- - ~ ~ - - - .... ....... ~ . __ ~~ ~~ _ ~~_ ~ _ ~ ~_~ ~~o ... ~~~ ~~~~~__~~~~_~~~~_~_ ~~_~ ~ ~ _~_~~~~nc '" ~~~~~~~_~~_~_~~~~~~~_~~~_~~~~~~~~_~~~~ ~ ~c pO - -___.___.._........._______........_____...._____ 1l:I:r_': .... ~~~~~~~_~~~~~~~~~~_~~~~~~~~~_~~~_~~~~~ ~ c c:r ~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~O: >-, ~~~~~~-~~~-~~~-~~~~~~~~~~~~~~~-~~~~-~~ ~~ '" -.... < .." -, , CO CO " CD " I U. .... .. < - .. 0....- " "" ... - " ~~ ~ ~~~ t:J . - - ~ - .. ~~ ~.~ ~~ ~ ~~~ ~ ~ ~ ~~~ ~~o~ - .. -~~ ~~~~~~-~~~~~~~~~~~~ ~~~~ ~ ~ ~~-~ ~~~ .... .. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~" ... . ... . -~~~~~~~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~ .. ~~~~~~-~~~~~~-~~~~-~~~~~~-~~~~-~~~~~~- - .... .. ~-~~~~~~~~~~~~~~~-~~~~~~~~~~~-~~-~~~~~ ~ - . C> .... ... "" .. · f, .. - . - " CI"\..- - N ... - ..... Q~- ~~ ~~ - ~~- ~ - ~ ~~~ ~ M~~~ ~~~~~~_~~~~~_~_~~_~~ ~~_~ ~ ~ ~~~~~w "~-~~~~~~-~~~~~~~~~~~-~~~~~~~~~~~~-~~~~ ~ ~~.~~~~~~~~~~~~~~.~~-~-~~~~~~~~~~~~~~~~ .~~~~~~-~~~~~~~~~~~---~-~~~-~~~~~~~-~~~ .~~~~~~~~~~-~~-~~~~~~-~~--~-~~~~~~~~--~ . -~ .... ~~ ~~ -- - ~~- ~ - ~ ~~~ '" ~~~ ~~~~~~~~~~~-~~-~ ~- ~~-~ ~ ~ ~~~~ -pO --~~~-~~--~~~~~~-~~~~-~~~~~~~~~~~--~~~ ... ~ ~ - - ... - - - - - ... ... ~ - - .. - ~ - - - ... - . - - .. - - - ~ - - - - - - -~~~--~~~~~~~-~~~~~-~~~~~~-~~~~~~~~~~~ ~~~-~~~~~~~~-~~~~~~-~~~~~-~~-~~~--~-~~ ~~-~~~~~-~~-~-~~.~~~~~~~-~~~~~-~~-~-~- -I .... - .. ~~ ~~ -- - ~~- ~ - ~ ~~~ -... ~~~ ~~~~-~~~~~~~~~-~ ~~ ~~-~ ~ ~ -~~~ ... -~~~~~~~~-~~~-~~~~~~~~~~~~~~~~~~~-~~-~ ~~~~-~~~~~~~~~~~~~~~~~-~~-~~~~~~~~~~~~ ~~~~~~~~~~~-~~~-~~~~-~~~~~~~~~~~~~~~~- ~~~~~~~~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~ -I - ~- ~~ ~~ ~ ~~- ~ - ~ ~-~ - - -- -- - --- - - - --- co ~~~ ~~~~~~-~~~~-~~~~-~- ~~-~ ~ ~ ~~~~ .... s~~~~~-_~_~__~~~~~~~_~~~~~~~~~~~~_~~~~ ... ~-~~~~~~~-~~~~~~~~-~~~~~~-~~~-~~-~~~~~ - - -------------...-----_....._..-.---_...~...- ~~~-~~~~~~~~~~~~--~~~~-~~~~-~~~~-~~~~- ~~~~~-~~--~~~~~~~~~~~~~~~~~~~~~~~-~--~ ~~~~~-~~~~~~~~~~~~~~~-~~--~~~~~~~-~~~~ ,. I,' . 01_ Q _~~~~~~~~~~O~~x~~~~~~~~~~~n~~~~~~~~~~ . '"0 0 -. :~~=~;~~~~~~~~~~~~~~~~~~.=~~~~~~~~~~~= .... .... .. 0- .. ..... ~Q~~~~--..O~~~~~~~~_.~oo~~~~~~~~coc~~~ <:> ..... ~~~~~ ~=~Q~~ ~~ --~_a~ ~~~~ ~o CJ _ -. ~~ ~~~~~~ a_c_~~~~~c~~~w~ ~~ o~ ~ =' W~~~~~~~~~~~~~.~~O~_~~~Ng_.~"~ ~. ~~~~~_. ..... c: ~~~~~ ~~~~ ~~~C ~~~ ~O~~~~C ~~~~ ~__ ..... . _~_~_-nnn ~_ ~~~~ n _~~ ~~~~~O~ <II ..... _ _~O~~~ ~_~ ~ ~a ~ ~.~ ~~~~~D~ ~ ...... <:> ~ ~~ ~ ~ ~- ~ n N~ ~ _. ...... Ct ~ ~ ~n~~~ ~~ ~ ~ ~ ~ ~o ~ <:> w ~ ~~ ~~ ~~ ~~ n _. ~~_. 0 ..... n '" '" <:> ..... <II cr r::r .... .... '" "" r::r n "" ..... Q, "" "" ....., ..... ... ..... 0- 0- .... .... 0- ..... <:> 0- n '" Ct .... ...... "" 0- '" '" <:> Ct ..... co _. ..... .... ... ... 0" ..... <II <:> ... ..... .... Co ..... . ~ - "'" .. <:> no .. .... co . ~- - ~~ - . .... ... ..... 0 -.I cD . ~~~ ~~ ~~ - -~- ~ - ~ ~~~-~ ...... . ~~~ ~-~~~~~~~~~-~~~~-~- ~~~~ ~ - ~~~~o~ - ..... . ~-~~~~~~~~~~~~~~~~~~-~~~~---~~~-~-~-~~nn - .... . .... -----...--....-...-...--.................................-....-............---.......- Al~ ..... '" . ~~~~~~~-~~~~~~~~~~~~~-~-~~-~~~~~~~~~~~~$ ...... ..... . ~~~~~~-~~-~~~~~~~~~.~~~~~~~~~~~-~~~~~-~~ - .. ~~~-~~~-~~~~~~~~-~~~~~~~~~~~~-~~~~~~~~O no . co ... ... "" ..... ...... .. - co ..... .. -, -~ - .. <:> - - -- .... co ~~ ~~ ~- - -~- ~ - ~ ~~~ ~ .... -~~ ~~~~~~~~~~~-~-~~~~- -~-~ ~ ~ ~~~~-~ no "" ~~~~~~~~-~~~~~~~~~-~~~~~~~~~~~~~~-~~-~ ~ n .... .... ...------..-...-----..-..------..-..---.........--.. ... .... ~~~~~_~~~~~~~~~~~~~S-~~~~~~_~~~~~~~~_~ 0- _. ~~~~~~~~~~~~~~~--~~~~-~~~~~-~~~~~~~~~~ . <:> ~~~~~--~~~-~~~~~~-~~~~~~~-~~~~~~~~~~~~ .. Co ..... - <:> .. .... cr ..... <II r::r ... -j - .. no - - - - ~~ ~~ ~- - -~- ~ - ~ ~~~ $ ..... ~~~ ~~~~~.~~~~~-~~~~--- ~~-~ ~ ~ ~~~~~- .. <:> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ <II coo .... ~~~~~~~.~~~~~-~~~~~~~-~~~~~~~~-~~~~~~~ ..... -~~~~~-~~--~~~--~~~~~~~~~~~~~~~~-~-~~~ - .... ~~~~~~~~-~~~~~~~~~~-~~~-~~~~~-~~~~~~~~ .... no .... .... - - ..... .. .... ..... .... .... -~ - <:> 0- - - -- a cr ~- ~~ ~~ - -~- ~ - ~ ~-~ $ ..,. a ~~~ ~~~~~--~~~~-~~~~-~- ~~~~ - ~ ~~-~~~ .... ..... ~~~~~~-~~~~~~-~~~~~~~~~~-~~-~~~-~-~~~~ ~ - - -................... - .. .... - .... - - .... - - - - - .... .... - .... - - .. - - - - - .. - - .... 0 ~~~~~~~-~-~~~~~~-~~-~--~~~~~~~~~~~~~~~ "'" coo -~~~~~-~~~~~~~-~~~~~~~-~~~~-~~~~~~~~~~ no ~~~~~~~~~~~~~~~~~~~-~-~~~-~~~~~~~~~~~~ .., - no no .... <II ... ..... no coo ..... ..... -~ - cD <II - - - cD ..,. -~ ~~ ~~ - -~- ~ - ~ ~-~ ~ .." no ~~~ ~~~~~~~~~~~_~~~~_~_ ~~~~ _ ~ ~_~~~W . .. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ... ~~~~-~~~~~~~~-~~~~~~~-~~~~~~~~~~-~~~~~ ..... ~~~-~~-~~~~-~~~~~~~~-~~~-~~~~-~~~-~~~~ .... ~~---~~~~~~~-~~~~~~~~~~-~~~-~~~~~~~~~~ - _. ... "'" no ~ - - - ... ..... _. ~- - ~ coo .... - .... ....... ~- ~~ ~~ - -~- ~ - ~ ~-~ ~~ - -~~ ~~~~~~-~~~~-~~~~-~- ~~~~ - ~ -~~~~~~ .... ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~= .... - ~~~~~~~~~~~~_~_~~~~~-~~~~~~_-~~__~~~~~ 0 ~_~~~~_~~~_~~~~~~~_~~~~~~~~__~~~~~~~~~ D~ ~~~~~-~~-~~~~~~~~~~~~~-~~~~~~~~~~~-~~~ ~~ ... ..... <:> ~ ~ - ..... coo _. ..... ~_ _ C""'f' - - ..... ....... I:"'- ~__ ~~ ~~ _ ~~_ ~ _ ~ ~_~ ~~o ~~~ ~~_~~~-~~~~_~~~~_~_ ~~~~ _ ~ ~~~~~~_n ~~-~-~~~~-~~~~-~~-~~-~~~~~-~~~~~~--~~- ~ - - _ _ _ .... . _ _ .... - _ .... _ - _ . _ _ _ - _ _ - .... .... _ .... - _ .. _ - - - _ .... - aD ~ ~~~-~~-~~~~~~~~-~-~~~~~~~-~~~~~~~~~~~- ~ ~~~~~~~~~~~-~~~~~~~~~~--~~~~~~~~~~~~~~ ~~ ~~~~~~~~~~~~~-~~~~~~~~~~-~~~~----~~~~~ ~~ -..... _. 0 0 ~ ~ ~ 0.... "" ... ~_ _ .....~w _ _ tit _ ~~_ ~~ ~~ _ ~~_ ~ _ ~ ~_~ ~_o~ ~__ ~_~~~~~~~~~_~~~~-~_ ~~~~ _ ~ ~~~~ ~a~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~" ~~-~~-~~~~-~~~~~~~~~~~~-~~~~~~~~~~~-~~ -~~-~~~~~-~~-~~~~~-~~~~~~~.~~~---~~~~~ - ~~~~~~~~~~~~~~~~~~~~~~~~-~~~~~~~~~~~~- ~ <:> ..... .. ~ - -"- - - - - ~~~ ~~ ~~ ~ ~~~ ~ - ~ ~~~ ~ ~~- ~-~~~~~~~~~-~~~~~~- ~~~~ - - ~~~~~~ ~~~~~~~~~~-~~~~~~~~-~~~~~-~~~~~~~~~~~~ ~ . - - - .... . . - .... - .... - - - - .... ... - .... .... - - - - - .... . - - .... .... . - - - .... - ....~..........c.w___.__--4:IIO ~ .-.-.... ____...___...... ~~..... CSil-~......~ c..a_\oD---"'-" toft..... ""'.~_.... ___~_. ~_...._,.~____~ ---~~~~~-~~~~~~~~-~~~~~~~~......~~-~,~~~~~~~~ ~~~~~~~-~~~~~~...._~~~~~~~.....~~~~~~~-....~~~~~ -~ - - - ... -~- ~~~~...... - ~~~.... - ~ ~......~ .. ~~_ ~......~_~~....~t.ft~~~~_~~-~_ ~~~~ .......... ~~~.... .... <II ~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .... ~~...........~~~~~~~_t.ft......c..a~~~~~~~........_~_~~_~~~~~~~~ ~~~,.~....~t.ft~~...~~~_~~_...~....t.ft~~_~~~...~~....___....~~~~ -~--~~~~~~~....~-~~-~-~~~~~......~~---~-~~~~~...~- -j - - - - - .. ..........- ~~- ~~ - ~....-.... -,. ---~~ _<II ~_~ ~......~_~~~~t.ft~..........~~~~-~- ......~......~ .......... ~~~~ .... ~......~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~--~~~~~~~....~~....--~-~-~~~~~-~~~~...~....~~....~~ ~~_~~....~_~_....~_~...._~~...~...~~....~~....~~c..a....~~t.ft~~~ ~~...._......~~............_~......~~~....~-~...~...~-~......~~~~~~~~~~~~ -, - ~~- ~~ ~~ - ~~- ~ ~ ~ ~-~ - - - -.... -- - --. - - - -...- "" -~~ ~~~~~~-~~~~-~~~~-~~ ~~~~ - ~ ~~~~ ..... ~~~~~~~~~~~-~--~~~~~-~~~~~-~~~~~~~~~~~ <II ~~~~~~~---~~~-~~~~~~~~-~-~-~~~~~~~~...~~ - ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~- ~~~~~~~~~~~~~~...~~~~-~~~~~-~~-~~~~~~-~~ ~~~~~~.-~~~~~-~~~~.~~~-~~~-~~~-~~~~~~~~ ,. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # S - MEETING OF APRIL 9 1991 NOMINATION OF COMMISSION MEMBERS TO SERVE ON THE WATER RESOURCES MANAGEMENT ADVISORY BOARD AND THE SOLID WASTE AUTHORITY BOARD DATE: APRIL 8, 1991 We received a letter from the Palm Beach County Municipal League making us aware of vacancies on the Water Resources Management Advisory Board and on the Solid Waste Authority Board. This item is before you to nominate Commission members for possible service on those Boards. The names of nominees must be submitted by April 17th for consideration at the Board and General Membership meeting. ,~- . . ~ 'fA ~ ~~~~ t tJ'A 'f!i'. Pall Death CRilly MINICIPAL LEAGUE P.O. BOX 1989, GOVERNMENTAL CENTER. WEST PALM BEACH, FLORIDA 33402 (..07) ~ "-"'-1 _ l{ l!-. C. ", . l.~.lv E I"; IIBIIOIAlfDUII APR 4 1991 -.' C/TYN/ ANAGER'':) TO: City and Town Managers I. OFFICE Fa: Jack L. Horniman, Interim Executive Direct~ DT: March 28, 1991 RE: Water Resources Management and Solid Waste Authority Appointments =====~======================================= The Water Resources Management Advisory Board was created by the Board of County Commissioners action on May 21, 1985. This Advisory Board consists of 15 members, including three members from the Municipal League. One of the Municipal League's members, Robert Pratt of Palm Springs, is retiring; therefore, the League needs someone to fill his term which will expire in January of 1992. If you have a name to submit, please do so by April 17, 1991 so that the Board of Directors can review the names and make recommendations to the General Membership at the April 17th General Membership meeting. SOLID WASTE AUTHORITY The Solid Waste Authority Board is composed of seven elected officials, three from the Palm Beach County Commission and four municipal elected officials. Our four representatives are Commissioner David Smith of West Palm Beach, Mayor Joseph Capretta of Tequesta, Councilman Jack Carpenter of Lantana, and Mr. Lomax Harrelle of Belle Glade. Because Mr. Harrelle is no longer an elected official as of March 19, 1991, the League needs to replace him with an elected official. This is a very important matter, so please send your recommendations to the League office before the April 17th Board and General Membership meeting for consideration. Thank you. '" , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # lOA - MEETING OF APRIL 9, 1991 REQUEST FOR INCLUSION ON CITY'S LIST OF NOSTALGIC SIGNS DATE: APRIL 3, 1991 We received a request for inclusion on the City's list of nostalgic signs from Porter Paints for its roof-top sign. As this sign is considered non-conforming by City sign code standards, a public hearing is required. Porter Paints is located at 650 N. Federal Highway and has been in business in Delray Beach for more than 38 years. The existing porcelain roof-top sign was part of the original construction. There are currently six signs throughout the City that have a nostalgic designation. They are: -Carteret Savings Bank (clock tower) -Love's Drugs -Doc's Soft Serve -Sail Inn -Paradise Club -Westside Liquors Designation of the Porter Paint roof-top sign as nostalgic is consistent with the above grouping. The Site Plan Review and Appearance Board at their March 15th meeting recommended approval of the nostalgic designation. Color photographs of the sign will be available for review at your Tuesday evening meeting. Recommend designation of the Porter Paint sign as nostalgic and add it to the City's list of nostalgic signs. ,. - , Agenda Item No.: AGENDA REQUEST Date: 3/19/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda -U-2U!91 , When: '-I --1 ,-' I , Description of agenda item (who, what, where, how much): Consideration of nostalgic designation for Porter Paint roof-top sign 650 N Federal Highway ORDINANCE/ RESOLUTION REQOIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval Department Head Signature: c>#-~ ~'-----~-"a I Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agendaJl~/ NO ~j2" ~ ~.-tk Hold Until: ~ Agenda Coordinator Review: ~~.!J7/ Received: ~I W !q/ /100 . Action: Appr ved/Disapproved MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~ SUBJECT: NOSTALGIC SIGN DESIGNATION FOR PORTER PAINT - - DATE: MARCH 19, 1991 ITEM BEFORE THE COMMISSION: - - Commission consideration of designating the Porter Paint store's nonconforming roof-top sign as a "nostalgic sign." BACKGROUND: City Commission has designated selected nonconforming signs which have a nostalgic value to the community as nostalgic signs. The designation provides that such signs may remain if kept in good condition. Porter Paint, 650 N. Federal Highway, has a nonconforming roof sign and is applying to the City Commission to be considered for the nostalgic sign designation. The Site Plan Review and Appearance Board on March 15, 1991 reviewed the request and recommended the nostalgic designation. The Porter Paint representative stated this was the first Porter Paint store buil t 38 years ago and the sign was included in the original construction. The stripes motif on the exterior sign is continued on the interior walls. The sign is made of porcelain, a material that is no longer being used by the sign industry. RECOMMENDATION: Staff recommends Commission approve the nostalgic designation for the Porter Paint roof-top sign, so that staff may proceed with the public hearing process. The written request from the Store Manager is attached for your reference. LB:DQ Attachment d/9 Porter.CC ).temo CITYOFO::;:~~ TO: David Harden DATE: 4/3/91 FROM: Lula Butler SUBJ: Porter Paint Sign Attached is the addtional information requested concerning the nostalgic designation for the Porter Paint sign for the 4/9/91 Commission meeting. LB:DQ Attachment ,. April 3, 1991 ADDITIONAL INFORMATION PORTER PAINT SIGN NOSTALGIC DESIGNATION This information is submitted as a supplement to staff's memorandum regarding the nostalgic designation of the Porter Paint sign. The Porter Paint store sign has been in existence for the past 38 years. It was somehow omitted from our original nostalgic sign list in 1989. We thought that the Commission would be aided by knowing which signs have received nostalgic designation and the criteria that was developed by the committee and was used as a basis for their recommendation to the Commission. There are currently six (6) signs throughout the City of Delray Beach that have a nostalgic designation: 1. Carteret Savings Bank (clock tower) currently known as Great Western Bank 2. Love's Drugs 3. Doc's Soft Serve 4. Sail Inn 5. Paradise Club 6. westside Liquors Most of the signs are roof-top signs and a roof-top sign is considered to be a sign that is affixed to the building and a portion of the sign extends above the roof line. Of the six (6) nostalgic signs, four (4) of them fall within the category of roof-top. The Porter Paint sign is consistent with this grouping. Other criteria considered by the original committee were signs that had an historic or nostalgic appeal and were of unique design constituting expression of art rather than simple advertising or served a public purpose. We would recommend that the Porter Paint sign be given a special exemption from the sign code because of its artistic design. This sign was in existence prior to the passage of our current sign code and is consistent with previous action taken by the Commission regarding nostalgic designations. Porter Paints . Courtaulds Coatings Ine. 'am:s ~ 3015 North U.S. Hwy. 301 Tampa. FL 33619-2220 Tel 813621-5681 Fax 813623-1853 February 28, 1991 Ms. Joyce Deso:r:rreau Ci ty of Delray Beach 100 N.W. First Avenue Delray Beach, Fla. 33444 He: Signage Dear Ms. Desomeau: As you know, Porter Paints has been asked to rarove the p::>rtion of our pylon sign that rises al:ove the rcx:>f line at our Delray Beach store facility. '!here are countless reasons for our hesitancy to canply with the city's request, scree of which are as follows: o '!he pylon sign is an intergal part of our store's construction, made out of p::>rcelain . o '!he upper p::>rtion al:xJve the rcx:>f line, is the part that can be seen by notorist traveling fran South to North. With an amputation of our sign, we 'WOuldn't be seen or noticed by North 00und traffic. o '!he Delray Beach store is the oldest Porter store in Florida, doing business at this location for nore than 38 years. '!he stripErl pylon logo, is t.he tradE'!ll\3.rlc of our canpany. o We 'WOuld be without the necessary signage and visibility to attract nE!W' custarers to us, which 'WOUld severely hurt. our business. We respectfully ask that an exception be nade to the Porter Paint facility, and that we be allowe:i to retain this nost valued sign. 'l11ank you for this consideration. Sincerely, Porter Paints ~A/,cC~ ~ Ronald C. Butts Store Group Manager ~ COURT AULDS COATINGS MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER/Jff1 SUBJECT: AGENDA ITEM # \OS - MEETING OF APRIL 9, 1991 ORDINANCE NO. 36-91 DATE: April 2 I 1991 This is a second reading of an Ordinance amending the Code of Ordinances to provide for a change to the definition of "Continuous Service" to allow benefit eligibility to continue during military servicej 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 of Ordinance No. 36-91. '. <JRDINANCE NO. 36-91 I 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 I 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 1. 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 Uni ted 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. Hewever, -fte -ereai~ -~er -befteri~ -e%i~ibi%i~y -rer eem~~~a~ieft-~~rpeses-~ftaer-~he-sys~em-shall-be-allewea-rer-afty-s~eh ~eriea -er -leave -er -abseftee -er -mili~ary -serviee.. 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 Delray 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 ~hree 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. 'fhe -ei~y -eellllftissieft -shall -ae~erJllifte -~he -~erJII -er -erriee -er -eaeh a~~eift~ive-~r~s~ee.. (I) The Board of Trustees shall by majority vote of its members appoint a secretary who may,-b~~-fteee-fte~-be, 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 I I ". operation of the retirement system shall be paid at those rates and in amounts as the Board of Trustees shall agree. Funds may be 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 2 'JRD. NO. 36-91 " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM # ,2. C - 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 yearSj 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. f~ 5-0 A-clU~iSS ~e PH +0 b~ hEAd ~}C; PU8USH: 3/;1.9 / q I ," .C I T.Y ATTORNEY'S OFF I CE TEL No. 407 278 4755 Mar 22.91 8: 18 P.02 j;':J~:{::. . ..;, .. - (' , !-. . . ~.. . tIT, IF DELAA' IEAE" ' .. .,- J ."-...~.:';,.,.:. , "\ :~ \.. ,', , t ;... .~~ :. '. .,' .',. .1 ".. j, ""':". ...... -. ~ . " CITY ATTORNEY'S OFFICE ~lO S.E. 1n STREET. SUITE" · DELRA Y BEACH, FLORIDA 33483 407/243.7090 · n:LEOOPffilt 40"/218~7SS MEMORANDUM Date: March 22, 1991 To: city Commission From: David N. Toloes, Assistant City Attorn~ Subject: police and Firefiohters ~ension Board Adjustments This ordinance is before you on first reading as an ameDdment to the city's code sections pertaining to the Police and Firefighters Pension Board of Trustees. Section 1 will allow for benefit ellgibili ty to continue during military service. This change is based on Federal law requirements and is , in ,- fact, how the City administers the Plan. Seotion 2 amenOs the length tor terms of off1ce for all members of the Board of Trustees. All members will serve two year terms. . .?:he ordinance also will amend the code to require that the Board's secretary be a member of the Board. This office recommends approval. DNT:sh ~~tachment / I - .. . ... ---.."... . - . , . .~ - .-. _. - - . - -- -- I (f. C, '. . , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # I()<: - MEETING OF APRIL 9, 1991 ORDINANCE NO. 19-91 DATE: April 2, 1991 This is a second 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 (MUTCD) criteria. The MUTCD manual is written for streets and highways. I do not believe that all MUTCD 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. Further, 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. ORDINANCE NO. 19-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4,6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS" , SUBSECTION 4.6.9 (D) , "DESIGN STANDARDS", SUB-SUBSECTION 4.6,9 (D) (6), "MARKING AND SIGNING", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY DELETING THE WORD "SIGNALS" FROM PARAGRAPH (d) AND ADDING THE WORDS "SIGNS AND MARKINGS", AND PROVIDING THAT ALL SIGNS AND MARKINGS SHALL COMPLY WITH M.U,T.C.D. DESIGN CRITERIA EXCEPT THAT THE CITY ENGINEER, OR HIS DESIGNEE, MAY WAIVE SUCH COMPLIANCE ON A CASE-BY-CASE BASIS; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE i CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I Section L 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 l!Ii~ftais signs and markings shall eoft~Ol'l!I -~o M~g~~~e~B~-eri~eria 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 I 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. 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 ATI'EST: City Clerk I First Reading March 26, 1991 Second Reading I ". M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER,~ 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. p~ 6-0 Pl--t on 4!cr/Qj Adu. on 3J;;tc;Jq, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # 12 It - MEETING OF APRIL 9, 1991 ORDINANCE NO. 37-91 DATE: APRIL 3, 1991 This is a first reading of an Ordinance rezoning Lots 1 and 2, Block 3, Seagate Section A, located on the southwest corner of A-I-A and Bucida Road from Single Family Residential (R-1AAA) District to Community Facilities (CF) to accommodate a proposed off-site parking lot for the Seagate Hotel and Beach Club. This item is before you for final action on a Planning and Zoning Board recommendation for denial of the rezoning petition. In drafting the LDRS, the Planning and Zoning Board was not given the power to deny rezoning petitions and therefore such action must be done by the Commission. At their March 18th meeting the Planning and Zoning Board recommended denial of the rezoning petition based upon a failure to make a positive finding with respect to compatibility. Recommend denial of Ordinance No. 37-91 on first reading. 15f~ -6f' t1~~\q\q~,o ~ '" i (;CC(Yr_\ CITY A1TORNEY'S OFFICE TEL No. 407 278 4755 Apr 05,91 14:01 p" O~, ~:;.\ > I:t".<' .~ i, . ''',. I . mv DF DELAAY BEAtH. f:.. ,. ; , ~;~;":~:'!'.' .~ .... ,.,/ ~oIl:'~I~' '~:4~~j~':;;:~"" ""': ." ,...~. J ,"It ""'........,. CITY ATTORNEY'S OFFICE 310 S.E, J st STREET, SUIl'E 4 · DELRA Y BEACH, nORI1>A 33483 1407/243.7090 · TELECOPlEk 407/218-41S$ MEMORANDUM - Date; April 5, 1991 J(~ To; city commission From: Jeffrey S. Kurtz, City Attorney Subject: Ordinance Rezoning Lots 1 & 2, Block 3, Seagate Section A From single Family Residential Rl-AAA to Community Facilities (CF) ~ As inclicated at a previous Commission meeting, the intent of the LOR's was to have the Planning and Zoning Board make final decisions with respect to denials of zoning petitions with those decisions being appealable to the Commission. In drafting the Land Development Regulations, however, the Planning and Zoning Board was not. given such power, and therefore, all denials of zoning petitions, as all approvals of zoning petitions, must come before the City Commission. It 1s for this reason that the above-referenced ordinance has come before you despite Planning and Zoning's recommendation of denial and a non-appeal by the applicant. An ordinance has been proposed for first reading at your meeting of April 9th which would have the effect of granting the. Planning and Zoning Board the authority to deny such applications, but for reasons stated in a memo attendant to that ordinance, the city Attorney's Office recommends that that power not be taken away from the City Commission. Should you have any questions, please do not hesitate to contact the City Attorney's Office. JSK: jw CC; David Harden, City Manaqer David Kovacs, Director of Planning and Zoning --. _.~ ,.',' ",' ....- -,~. .. --.. .~_.._,.._. ~ , , '" . ORDINANCE NO. 37-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lAAA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOTS 1 AND 2, BLOCK 3, SEAGATE SECTION "A", DELRAY BEACH, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 48, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LOCATED AT THE SOUTHWEST CORNER OF STATE ROAD AlA AND BUCIDA ROAD; 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 (Community Facilities) District as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: Lots 1 & 2, Block 3, Seagate Section "A", Delray Beach, 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 20, Page 48. The subject property is located at the southwest corner of State Road AlA and Bucida Road. The above described parcel contains a 0.69 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 S. That this ordinance shall become effective imme- diately 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 ,. BEACH PROPERTY OWNERS' . ASSOCIATION, INC. .~~\r~~ P.O. BOX 375 DELRAY BEACH, FLORIDA 33444 . To: The Mayor and City Commissioners Re: Proposed rezoning of R1AAA residential-zoned property to CF for use as a parking lot by the Seagate Hotel and Beach C 1 u b. We would like to take this opportunity to familiarize you with some of the rationale for the 5-1 decision of the Planning and Zoning Board denying the request of the Hudson Hotels Corp. to rezone property in R1AAA, the highest zoning category in the city, to Community Facility (CF) for use as a private commercial parking lot. The proposed rezoning was opposed by all the neighboring residents except the owners of the property, Mr. and Mrs. Black. ~e urge you to affirm the decision of the P&Z Board for the following reasons: 1. The Sea gate Hotel and Beach Club is acknowledged to be a non-conforming use. The LOR's (the city zoning code) clearly state that a non-conforming use cannot be enlarged, as in the following two provisions: ~~~_l~l~ll~l says a non-conforming use shall not be enlarged, increased, nor extended to occupy a greater area of land than was occupied at the effective date of this chapter (11/90). ~~~_l~l~~lAl says the non-conforming use may be extended internally throughout any part of the structure, provided the use is not extended to occupy any land outside the existing structure. A majority of the P&Z Board appeared to agree with the code that the hotel and club could not be enlarged, as evidenced by their persistent and clearly skeptical questioning of the Planning Director on the subject, and his confusing and irrelevant responses that the parking lot would be a "stand- alone" use, not an expansion of the use. 2. The city code requires that for a change in zoning district designation [Sec 2.4.5(0)(1)] a ig~!ifi~~liQn_~l~l~m~nl providing the reason for which the zoning is being sought must accompany the request. The code provides several acceptable :, J -.r i_oV_-:':'. L ~ , , "~'-'/_" ..,.~~ -t"v ~ ~'j:j'::~ r -:. "',J~ .~~.-<-- - - - "--,. "~ --- 'a ~;.:~:' ,~-- ~~- --=-----.~ --=- --'-'~~2:~'j:~'~:~~ ~ - ~"- A CORPORATION NOT FOR PROFIT - - ", To Commission re: Seagate rezoning Page 2 . reasons. the one given is I/That there has been a change in cir- cumstances which makes the current zoning inappropriate. 1/ Hhat the applicant probably means is that the current zoning is in- convenient for his purposes. There is no evidence that RIAAA is inappropriate for the existing property in an area of fine homes which are highly valued in the marketplace, in part because.of their proximity to the Atlantic Ocean. It i s entirely appropriate. 3 . In Sec 3.1.1. of the code, fQn~i1iQn~1_Q~g_An~lY~i~, it states that 1/. ..the use allowed in the zoning district must be consistent with the land use designationl/. The land use designation for the subject property is RESIDENTIAL. 4. Sec 2.4.5(E) R~gQir~~_[in~ing~ (Conditional Use) of the code says the City Commission must make findings that establishing a conditional use will not 1/.. .have a significantly detrimental effect upon th e stabi 1 i ty of the neighborhood within which it will be located.1/ The residents of this neighborhood will tell you (and already have stated vociferously) that a privately operated commercial parking lot there would seriously affect the value of their homes and their quality of life, with the concomitant traffic problems. 5. Further, fQ~~1~1_~1~m~n1_QQ1~f1iY~_f~~ of the Compo Plan:-says i n ess~nce that vacant land shall be developed . . . of a design and intensity which i s similar to adjacent development. Also, 1ANQ_Q~f._Q~.!!f.fIIY.f._A~.f. seeks to eliminate uses which are II ...in- consistent with the predominate adjacent land uses, and to ensure compatibility of future developmentl/. The vacant subject land is adjacent to RIAAA single family homes. IN SUMMARY, we believe there is an abundance of reasons and requirements in existing city regulations for denial of the requests for both rezoning and conditional use of the property. It i s our belief that the matter should not ever have come before you or the P&Z because of the underlying requirement that a non-conforming use cannot be enlarged. club members The applicant cites traffic problems on Al as e reason why his application should be approved, yet he openly states the he intends to increase the membership of the club, therefore exacerbating the same traffic problems. We have sympathy for the problems of the Seagate Club. Yet the price paid by the corporation which has acquired it is a reflection of those problems. We do not believe those problems should be resolved by lowering the property values and quality of life of the adjacent property owners who acquired their own homes with faith in the integrity of the city's zoning code. 2'~ El i zabeth H. ~1atthews . . for the Beach Property Owners' Association April 5 , 1991 , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM #, ~ - MEETING OF APRIL 9, 1991 ORDINANCE NO. 38-91 DATE: APRIL 3, 1991 This is a first reading of an Ordinance amending the Land Development Regulations to provide the ability for the Planning and Zoning Board to deny land use requests. There are two staff reports attached which spell out the positions of the Planning Director and City Attorney's Office. While the Planning Director is in favor of amending the LDRs, the City Attorney's Office is recommending that the final approval or denial authority remain with the Commission. I strongly agree with the city Attorney. ~~~ ~ \q III I u~ 6/0 ~/! t./,~ \.Vf. (..'1 C I T Y COM MIS S ION DOC U MEN TAT ION TOC~, AVID :ARDji:=GER FROM: ~- DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF APRIL 9, 1991 AN ORDINANCE GRANTING DENIAL AUTHORITY TO THE PLANNING AND ZONING BOARD ACTION REQUESTED OF THE COMMISSION: The action requested of the City corrunission is that of approval on first reading of an ordinance which provides the Planning and Zoning Board with the ability to DENY various types of land use requests. The affected Code Section is 2.2.2(E), Duties, Powers, and Responsibilities of the Planning and Zoning Board. BACKGROUND: When the LDRs were created it was intended that the Planning and Zoning Board would have denial authority on all issues which came before them, with such action appealable to the City corrunission. When they were drafted, provisions for denial of certain actions were appropriately addressed in the procedures sections and it is clear that City corrunission approvals of rezonings and conditional uses were to be made after a recorrunendation of approval was provided by the Planning and Zoning Board. However, within the delegation of "powers" in Section 2.2.2 (E) appropriate language was not provided. Thus, the need for this correcting ordinance. Proposed Language: Changes to 2.2.2(E)(6) & (7) (6) The Board shall review and make recorrunendations to the City corrunission for approval, or shall make an action of denial, with respect to the following items, pursuant to the procedures and standards of the Land Development Regulations (LDR). Any action of denial shall be appealable pursuant to Section 2.4.7(E). (a) Amendments to the Comprehensive Plan and to the Future Land Use Map; (b) Rezoning of land and changes to the text of any portion of the Land Development Regulations (LDR); (c) The annexation of territory to the City; City Commission Documentation An Ordinance Granting Denial Authority to the Planning and Zoning Board Page 2 (d) Establishment of a conditional use; (e) The abandonment of right-of-ways or public easements excepting single purpose easements; ( f ) ~he-""a~~~evai-e~-defi~ai-e~-~Site and development master plans as required in certain "planned" zoning districts ~----~he-e~~ahi~~hmefi~-e~-ehafi~e-~fi-~~~ee~-fiame~. ( 7 ) The Board hereby has the authority to take action on the following items pursuant to the procedures and standards of the LDR. Any action of denial shall be appealable pursuant to Section 2.4.7(E). (a) Approval or denial of a preliminary subdivision plat; (b) Certification of a final subdivision plat; ( c) Granting of relief from the number of parking spaces required for specific uses pursuant to Section 4.6.9(C) (1) (g); (d) A~~~evai - e~ Action on certain site and development plans and modifications and extensions thereto; (e) Determinations of Similarity of Use; ( f ) The establishment or change of street names. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has not formally reviewed the proposed change in language; however, it did support the delegation of power to deny as witnessed by the provisions contained in the "procedures" portion of the LDRs. RECOMMENDED ACTION: By motion, approval of the enacting ordinance on first reading and setting a public hearing date of April 23, 1991. Attachment: * Ordinance prepared by others. DJK/#81/CCDENIAL.TXT [ITY DF DELIAY HEAEM CITY ATTORNEY'S OFFICE 310S.F.lstSTREET,Sl'ITL4. DFLRAY BI ACH,I LORIDA33483 407/243-7090 . TFLFCOP1FR 407/278-4755 MEMORANDUM Date: April 5, 1991 'I'o: City conunission From: Jeffrey S. Kurtz, City Attorney Subject: Effect of Process Used to Review rtain Planning and Zoning Board Actions The Supreme Court has determined that certain types of decisions made by a municipality may be categorized as quasi- legislative, quasi-judicial or quasi-executive. Nelson vs. Lindsey, 10 So.2d 131 (Fla. 1952) . Quasi-judicial types of decision making are those that have some indicia of a "hearing". The court's review of quasi- judicial activities is limited to the record established below, and the court's limited review concerns whether procedural due process was afforded, whether the essential requirements of law were observed and whether the administrative findings and judgment are supported by competent substantial evidence. The courts have ruled that variance matters and conditional use approvals are quasi-judicial. Where quasi-judicial review is determined to be involved it is of upmost importance that a thorough record be established, including the introduction of expert testimony by the City because at trial no new evidence will be permitted. Quasi-legislative situations typically invol ve rezonings, annexations, and land use plan matters. The scope of review is much more advantageous to the City because we are not bound by the record below, and can bring in experts and other exhibits and testimony not heard by the City Commission to establish that the City's decision was "fairly debatable". This is a much easier burden to meet, as all legislative activ~ty has the presumption of correctness. Also, the actual reasons and motives of the body making the legislative decision are protected by legislative inununity. The process contained within the proposed ordinance, may result in the City having to defend a zoning decision pursuant to the less favorable quasi-judicial review procedures. The ordinance City Commission April 5, 1991 Page 2 in essence states that all affirmative votes rendered by the Planning and Zoning Board concerning rezonings, annexations, and comprehensive planning matters are mere recommendations, wherein the City Commission will make the final decision. This process is acceptable and preserves the legislative character of the decision making. However, part of the ordinance which states that the Planning and Zoning Board may make a final action of denial is of concern. The courts have deemed that such action would be an illegal delegation of legislative power to an administrative board. In a recent case, an appeal of a denial of a variance by a Board of Adjustment was taken to a County Commission. Following the Commission's denial, the court ruled that the Commission's decision on appeal was not quasi-legislative, but was quasi-judicial. The court found that the County's intent in adopting its ordinance was to have the administrative board's actions be final. Thus, the Commission's review should be based on the same criteria the administrative board applied. Therefore, the Commission's review was quasi-judicial in nature, and to rule otherwise would mean that a non-elected board was improperly exercising legislative judgment. Walgreen Co. v. Polk County, 524 So.2d 1119 (Fla. 2d DCA 1988). For these reasons, our office would suggest that all legisla- tive matters, i.e. amendments to the Comprehensive Plan and to the Future Land Use Map i rezonings and text changes to the LDRsi and annexation matters be referred to the City Commission for finalization with a recommendation from the Planning and Zoning Board. JSK:sh cc: David Harden, City Manager David Kovacs, Director of Planning and Zoning CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Apr 05.91 13:58 P.04 ( .... '- - -.-..... ORDINANCE NO. 38-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINI- sTRATIvE PROVISIONS", ~TICLB 2.2, "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS" , SECTION 2.2.2, "THE PLANNING AND ZONING BOARD", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF OELRAY BEACH, FLORIDA, BY ~ING SUBSECTION 2.2.2(E), "DUTIES, POWERS, AND RESPONSIBILITIES", TO PROVIDE IN PARAGRAPHS 2.2.2(E) (6) ANI) (7) THE ABILITY FOR THE PLANNING AND ZONING BOJl.1U) TO DEN'! LAND USE REQUESTS; PROVIDING A 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 FOLLOWSl Se<;tion 1. Tha.t Chapter 2, "Administra.tive Provisions", Article 2.2, "Establishment of Boards Having Responsibilities For Land Development Regulations", Section 2.2.2, "The Planning and Zoning Board", Subsection 2.2.2(E), "Duties, Powers, and Responsibilities", of the Lan~ Development Regulations ot the co~e ot or~inances ot the City ot Delray Beach, Florida, be, and the same is hereby amended to read as follow.: (6) The Board shall review and make recommendations to the City commission for approval, or make a final action of denial, with respect to the following items, pursuane to ~he procedures and standar~. of the Lan"- Development Regulations:' l!l Amendments to the Comprehensive Plan and to the Future Land Use Map; 1Ql Rezoning of land and changes to the text of any portion of the Land Development Regulations (LD~); m The annexation of territory to the City; d Establishment of a conditional use; e The abandonment of rlght-of~ways or public easements excepting single purpose easements; ill 'fl'le ~a"revail: ~el' -4eft~!til: -e! -sSlte an<1 d.evelopment master plAns AS reljuired 1n certain "planned" zoning distr.i.cts. .----'fl'le-es~aBits~eft~-er-eft!tft'e-tft-s~ree~-ftaMeST Any of the aDove matters in which the Board denies the request may be appealed to the City CommiSSion ~ursuant to Section 2.4.7(E) of the Land Development Requlations. (7) The Boar~ has the authority to take action on the following items purliuant to the procedures and standards of the Land Development Regulations: 1!l Approval or denial of a preliminary subdivision plat; iel Certification of a final subdivision plat; ill Granting of relief from the nwnber of parking spaces required for specific uses pursuant to Seotion 4.6.~(C) (1) (9); 1S1 App~eva*-ef Action on certain site and ~evelopment plans and modifications and extensions thereto; e Determlnationa of similarity of Use; The establis t r chao e of street names. Any ot the above matters o~ w~1chthe BOard denies a request may De appeale~ to the ~1ty Comm 58ion pursuant to Section 2.4.7IE) of the Land Develooment Reoulations. I CITY ATTORNEY'S OFFICE TEL No, 407 278 4755 Apr 05,91 13:59 P.05 , '-. Section Z. That should any section or provision of this ordinance or any portion thereot, any paragraph, sentence or word be declared by a court ot competent jurisdiction to be invalid such deci- sion shall not effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalld. Section 3. That all ordinances or parts of ordinances which are in conflict herewith be and the same are hereby repealed. section 4. That this ordinance shall become (!ffective ten (10) days after its passage on second and final readinQ. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of , 1991. MA'iOR ATTEST: City Clerk First Reading Seoond Reading I 2 ORD. NO. 38-91 :~~. ---..-- _.~.' . CL~ ~ \~/l PLANNING AND ZONING DEPARTMENT MEMORANDUM TO (' JEF~ KURTZ, CITY ATTORN EY ~ J~_We-'UQ0L-- FROM,_____ _ DAVID J. K VACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: APRIL 9, 1991 SUBJECT: AGENDA ITEM #12-B, ORDINANCE 38-91 POWER OF DENIAL TO THE PLANNING AND ZONING BOARD Upon reviewing your memorandum of April 5, 1991, on the above subject, I have the following questions: 1. When the City Commission hears an appeal of a denial of a site plan modification executed by the Site Plan Review and Appearance Board (SPRAB) or denial of a Certificate of Appropriateness executed by the Historic Preservation Board does the City Commission sit in a quasi-judicial or quasi-legislative capacity? From your memo it appears that it would be a quasi-judicial action. If so, then VIe (the City) already utilize the procedure put forth in Ordinance 38-91. If not, then should not the City Commission be the final authority for approval and denial of such items? 2. Pursuant to your recommendation that final denial authority rests with the City Commission, \-!Quld not the Commission be bound / required to accommodate the following: ( a) A full presentation by the applicant as to the merits of the entire project (not just a counter to the basis of the P&Z recommendation of denial); and, (b) Public testimony? 3. Is it necessary that the matter be brought before the City Commission as an ordinance, prepared for first reading, which sets the item forth as if it \'1 ere to be enacted i.e. findings (now required by LDRs to be a part of the written record) , stipulations (mitigation provisions, concurrency, etc) , and conditions (if any)? Or, can the matter come as a regular agenda item (business item) to either be denied or acknowledged with direction to the City Administration to have an enacting ordinance prepared? To! je~f Kurtz, City Attorney Re: Agenda Item #12-B, Ordinance 38-91 Power of Denial to the Planning and Zoning Board Page 2 4. How does the discussion on the first page of your memo relate to the current appeal of our FPL Case wherein it appears that the appeals court will only accept the recorded actions of the City Commission and not the introduction of new testimony? Also, if the proposed procedure were in place at the time of the FPL action, would we have not been a clear winner? (Because the City Commission could not have acted in the manner which they did.) 5. In the Walgereen Co. v Polk County citation, would not the County Commission simply have had to use the same criteria as its Board of Adjustment did? It seems that the problem there (since both the Board and the Commission wanted denial) may have been administra ti ve and improper local procedures i. e. a processing technicality. -- No response is requested. Re: Disposition of Ordinance 38-91: I suggest that Ordinance 38-91 proceed to second Reading thus accomplishing three items: a) Allowing further review by staff and not unnecessarily delaying enactment (if indeed it is enacted); b) Allowing for P&Z review and comment prior to rejection by the City Commission (P&Z review is slated for April 15 th) ; c) Allowing for public comment, if any, from individuals who were supportive (at the time of creation of the Comprehensive Plan and LDRs) of the proposed approach. DJK/dlm c: David Harden, City Manager Alison MacGregor-Harty, City Clerk DJK/#81/CADENY.TXT ,. "' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # I C - MEETING OF APRIL 9, 1991 ORDINANCE NO. 39-91 DATE: APRIL 3, 1991 This is a first reading of an Ordinance amending the Code of Ordinances by deleting Section 91.50 through 91.52 and amending the Land Development Regulations by adding a new section 4.6.8(C), "Lighting Restrictions Along the Beach" to change the hours during which lights visible from the beach must be shielded or turned off. Instead of from 11:00 p.m, until 6:00 a.m., the new hours would be sunset to sunrise. Staff has reviewed the passages contained in the Code of Ordinance with regard to lighting and sea turtle protection and are of the opinion that this item would be more appropriately addressed under the Land Development Regulations as provisions of those regulations pertain to site lighting. The Planning and Zoning Board has not formally reviewed this request. However, it is anticipated that they will do so prior to the public hearing on this Ordinance. Recommend approval of Ordinance No. 39-91 on first reading. '"' ~)~ ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: O:;~~:::R FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF APRIL 9, 1991 AN ORDINANCE AMENDING THE LDR RE SEA TURTLE PROTECTION ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance modifying the text of the LDR as it pertains to Sea Turtle Protection. The pertinent section of the LDRs is 4 . 6 . 8 , Supplemental District Regulations - Lighting. BACKGROUND: At present, the protection of sea turtles is addressed in the Animal Code (Chapter 91) . Since the provisions of those regulations pertain to site lighting, it is more appropriate that they be contained within the LDRs under the Supplemental District Regulations which pertain to "lighting". Also, at your April 2nd work session as a part of the report on the Sea Turtle Assessment Program, the proposed revisions were addressed. The revisions involve creation of a new section 4.6.8(C) , Lighting Restrictions Along the Beach. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has not yet formally reviewed this proposal. They will do so prior to the public hearing date. RECOMMENDED ACTION: By motion, approval of the enacting ordinance on first reading and set a public hearing date of April 23rd. Attachment: * Ordinance by others '" ORDINANCE NO. 39-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING 'rI TLE 9, "GENERAL REGULATIONS", CHAPTER. 91, "ANIMALS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FT.JORIDA, BY DELETING SECTIONS 91. 50 THROUGH 91.52, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4 . 6 . 8 , "LIGHTING", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY ADDING A NEW SUBSECTION ( C) , "LIGHTING RESTRICTIONS ALONG THE BEACH", TO PROVIDE FOR THE PROTECTION OF THREATENED AND ENDANGERED SEA TURTLES WHICH NEST ALONG THE BEACHES OF THE CITY BY SAFEGUARDING THE HATCHLINGS FROM SOURCES OF ARTIFICIAL LIGHT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 9, "General Regulations", Chapter 91, "Animals", Sections 91.50, 91. 51, and 91.52, of the Code of Ordinances of the City of Delray Beach, Florida, are hereby repealed. Section 2. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations\l, Section 4.6.8, "Lighting", of the Land Development Regulations of the Code of Ordinances of the City of De lr ay Beach, Florida, be, and the same is hereby amended to read as follows: I (C) Lighting Restrictions Along the Beach: The purpose of this section is to protect threatened and endangered sea turtles which nest along the beaches of the City by safeguarding the hatchlings from sources of artificial light. ( 1 ) "Beach" is defined, for purposes of this subsection, as being that land along the Atlantic Ocean extending either to the dune or permanent vegetation within the City limits. No artificial light shall illuminate any area of the beach which may be used for turtle nesting and hatchlings. In order to accomplish this, all lighting shall be permanently shielded or screened, so that the light source is not visible from the beach and the beach is not illuminated during the night period from May 1 to October 31 of each year. "Night Period" is defined herein as being that time from sunset through sunrise. ( 2 ) Publicly-owned street lights, and lighting at parks on the barrier island and other publicly-owned beach access areas, shall be subject to the following: (a) Whenever possible, street lights shall be ~ public safety purposes, shall not be utilized during the period from May 1 to October 31 of each year. Section 3. 'fhat should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid such deci- sion shall not effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. Section 4. That all ordinances or part.s of ordinances which are in conflict herewith be and the same 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 I I ! . ORDINANCE NO. 39-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING 'rITLE 9, lIGENERAL R.EGULATIONS", CHAPTER. 91, lIANIMALSll, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY DELETING SECTIONS 91. 50 'I'HROUGH 91. 52, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; AMENDING CHAPTER 4, lIZONING REGULATIONSlI, ARTICLE 4.6, lISUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.8, "LIGHTINGlI, OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SUBSECTION ( C) , "LIGHTING RESTRICTIONS ALONG THE BEACH", TO PROVIDE FOR THE PROTECTION OF THREATENED AND ENDANGERED SEA TURTLES WHICH NEST ALONG THE BEACHES OF THE CITY BY SAFEGUARDING THE HATCHLINGS FROM SOURCES OF ARTIFICIAL LIGHT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 9, "General Regulations", Chapter 91, "Animals", Sections 91. 50, 91. 51, and 91. 52, of the Code of Ordinances of the City of Delray Beach, Florida, are hereby repealed. Section 2. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.8, "Lighting", of the Land Development Regulations of the Code of Ordinances of the Ci ty of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ,I (C) Lighting Restrictions Along the Beach: The purpose of this section is to protect threatened and endangered sea turtles which nest along the beaches of the City by safeguarding the hatchlings from sources of artificial light. ( 1 ) "Beach" is defined, for purposes of this subsection, as being that land along the Atlantic Ocean extending either to the dune or permanent vegetation within the City limits. No artificial light shall illuminate any area of the beach which may be used for turtle nesting and hatchlings. In order to accomplish this, all lighting shall be permanently shielded or screened, so that the light. source is not visible from the beach and the beach is not illuminated during the night period from May 1 to October 31 of each year. "Night Period" is def ined herein as being that time from sunset through sunrise. ( 2 ) Publicly-owned street lights, and lighting at parks on the barrier island and other publicly-owned beach access areas, shall be subject to the following: (a) Whenever possible, street lights shall be located so that the bulk of their illumination will travel away from the beach. Where street lights are necessary for public safety purposes, they shall be equipped with low pressure sodium vapor lamps. (b) Lights at park~ on the barrier island or other public beach access points shall ~e shielded or shaded or, to the extent lights are determined by the Ci ty not to be necessary for . "' - public safety purposes, shall not be utilized during the period from May 1 to October 31 of each year. 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 effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. Section 4 . That all ordinances or parts of ordinances which are in conflict herewith be and the same 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. 39-91 'II' ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!f/f SUBJECT: AGENDA ITEM # 12 J) - MEETING OF APRIL 9, 1991 ORDINANCE NO. 40-91 DATE: APRIL 3, 1991 This is a first reading of an Ordinance amending the Code of Ordinances to provide that the penalty for violating Chapter 51 shall be to perform certain hours of community service or labor work. This proposed change would replace the current fine levied for a littering violation to the performance of 50 hours of community service work picking up litter. The Florida Statutes set the limits of punishment allowable for littering offenses. The proposed 50 hours of community service work as a littering penalty is considered to be the equivalent of a $500 fine and thus, is in excess of that required by State Statute. Therefore it is recommended that a penalty of five hours be levied for the first conviction, ten hours for the second, and 25 hours for the third and subsequent conviction within two years of the first conviction. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 40-91 on first reading. CiTY ATTORNEY'S OFFICE TEL No. '07 278 '755 Apc ~ "'06 P,12 . i ORDINANCE NO. 40-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS" / CHAPTER 51, "GARBAGE AND TRASH", SECTION 51.99, "PENALTY", OF THE CODE OF ORDINANCES OF THE CITY OF OELRAY BEACH, FLORIDA, BY AMENDING SECTION 51.99, "PENALTY", BY REPEALING SUBSECTION (A) AND ENACTING A NEW SUBSECTION (A) TO PROVIDE THAT THE PENALTY FOR VIOLATING CHAPTER 51 SHALL BE TO PERFORM CERTAIN HOURS OF COMMUNITY SERVICE OR LABOR WOR1l:; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, 'rHEREFORE, 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", Section 51. 99 ~'Penalty" , Subl!lection (A) of the Code of Ordinances of the City of Oelrey Beach, Florida be and the same is hereby repealed, and a new Subsection (A) is hereby enacted to read as follows: (A) Any person who is convicted of violating this I Chapter in an alllount not exceeding 15 pounds or 27 cubic feet in volume, shall be required to perform not less than five (5) hours of community service work picking up litter or performing other labor commensurate with the offense committed for the first conviction, not less than ten (10) hours of community service work for a second conviction for violating the same provision within one year of the first conviction, and not less than twenty-five (25) hours of commuplty service work picking up litter for a third and subsE\quent conviction for violating the S41l1e provision within two (2) years of the first conviction. 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 invlll1d, 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. i Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective 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: I ! I city Clerk I First Reading I ! Second Reading __ , I \ , . l~~S . ~d"":~~~:.""'_' " ,oii"jj.'l'" . ~ , , , t" .... '" i , ~;~ .,,' ( l EITY DF DELARY BER~I,L;3::\.'.."', ..J~(u~, \" l I .,..~, :,.".~. ~..- ....1......,..., ,:'l:r,~\,j.';;"~"~~':,".;~ .~', ' f ,~~.~'-:u,,~'.I~,.,.,Jo,,~~~'~r.,. . ,'" \ CITY ATTORNEY'S OFFICE .lID S,E. lit STREET, SUITE" . DELRA Y BEACH, FLORIDA 33483 407/2<43-7090 · TELECOPIER 407/278..475$ MEMORANDUM Date: April 5, 1991 To: Clty Commission From; Jeffrey S. Kurtz, City Attorney Subject: Revision to LitterinQ Ordinance A change in the City Code concerning the p alty for littering has been proposed. The proposed change would replace the current fine levied for a littering violation to the performance of fifty (50) hours of conununity service work picking up litter. For reasons stated below, five hours of community service work for a first littering conviction i8 an appropriate penalty. Florida St.atute 403.413 is the Florida Litter Law. Section (5) (a) '01:.. this statute states the penalty for dumping litter in an amount not exceeding 15 pounds in weight or 27 cubic feet in volume as a non-criminal infraction punishable by a fine of $50.00. This section further states that the court may require the violator to pick up litter or perform other labor commensurate with the offense committed. . Under Section 51.99(A) of the oelray Beach Code as it currently reads the penalty for persons convicted of littering is a fine of fifty dollars ($SO.OO) for a first conviction, one hundred dollars ($lOO.OO) for a second littering conviction within a year of the first, and a fine of two hundred fifty dollars ($250.00) for a third and subsequent littering conviction within two years of the first conviction. Under Florida Law a stat.e statute always prevails over a conflicting municipal ordinance. Edwards v. State, 422 So.2d 84 (Fla. 20CA, 1982) . An ordinance penalty need not be the same as the penalty prescribed by state st.atute for a given offense, however, on ordinance penalty cannot exceed that of state law. Id. According to Leslie Taylor, Assistant State Attorney, one hour of community service is equal to ten dollars . -- ($10.00) in fines. Therefore, to change 'theordlnance penalty for littering from the current fine to that of community service work, without exceeding state law, the proper amount of community servico hours for a first offense would be five. I ' . II f I 1 I The proposed 50 hours of community service work as a littering j penalty would be the equivalent of a five hundred dollar i ($500.00) fine which would be for in excess of the penalty I J stated by statute 403.413(5)(a) and would therefore be in : conflict with state law. Thus, a penalty of five hours of I community service work Picking up litter for a first conviction, ten hours for a second conviction within one of the firs t , and 25 hours for a third and subsequent conviction within two years of the first conviction is appropriate. JSl<:ci .". ..'. ". ". .. ...... I... ..... .'. ,.. . I I I I I , j l '.