05-14-91 Regular
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MAY 14, 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 com~lete the sign-in sheet
if you have not already done so,
3, ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred from speaking further to the Commission
by the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
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Agenda
Meeting of 5/14/91
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
AGENOA
1- Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Regular Meeting minutes of April 23, 1991 and Special
Meeting Minutes April 16, 1991, April 30, 1991 and May 7, 1991..
6. Proclamations:
JA. National Historic Preservation Week - May 12 through 18, 1991,
n. Emergency Medical Services Week - May 12 through 18, 1991.
y'C. Police Week - May 13 through 19, 1991 and Peace Officers
Memorial Day - May 15, 1991.
D. Delray Ladies Auxiliary of the Jewish War Veterans Week and
Poppy Drive- May 23 and 24, 1991.
E. U,S. Coast Guard Auxiliary Flotilla 5-4 - National Safe
Boating Week - June 2 through 8, 1991,
F, Florida Marine Patrol - National Safe Boating Week - June 2
through 8, 1991,
,,7. Presentations:
A, Kathy Daley - Legislative Update.
8. Consent Agenda: City Manager recommends approval,
A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTION: Ratify Change Order No. 1 and No. 2 to the
Odor Abatement contract for improvements at the SCRWTD Plant in the
total amount of $24,167.56. City's . share (50%) to corne from 1991
Water and Sewer Revenue Bond/SCRWTD Odor Control Upgrade (Account
No,. 447-5165-536-60.31) .
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Agenda
Meeting of 5/14/91
B. RATIFICATION OF GOLF COURSE REBATE POLICY: Ratify golf course
rebate policy which provides for the reimbursement of 16% of the
pre-paid fees to annual permit holders as compensation for the
closure of the golf' course for repairs.
C. MODIFICATION TO AGREEMENT FOR ARCHITECTURAL SERVICES/FIRE
STATION NO, 2 : Approve a modification to the agreement between
the City and Currie Schneider which provides for payment of an
additional $25,000 for basic architectural services rendered to
complete Fire Station No. 2,
D. GUARANTY AGREEMENT: Approve a guaranty agreement between the
City and Dan Burns which provides a guarantee of $25,000 in private
funding for the Fourth of July fireworks display.
E. AGREEMENT BETWEEN THE CITY AND FLORIDA DEPARTMENT OF NATURAL
RESOURCES: Approve an agreement between the City and Florida
Department of Natural Resources for the reimbursement of a portion
of the costs associated with the Beach Renourishment Project.
F. STAFF RECOMMENDATION FOR WAIVER: Approve a staff
recommendation to waive the landscape requirements for perimeter
landscaping along a right-of-way adjacent to Mayfair Plaza.
G. INITIATION OF REZONING: Initiate a petition for rezoning of
the Rubin property located at 1325 South Ocean Boulevard from
Medium Density Residential (RM) District to Low Density Residential
(RL) District.
H, RESOLUTION NO. 31-91: A Resolution assessing costs for
abatement action required to remove nuisances on 31 properties
throughout the City.
1. RESOLUTION NO. 34-91: A Resolution assessing costs for
abatement action required to board up an unsafe structure at
1026 S, Dixie Highway.
J. RESOLUTION NO. 35-91: A Resolution amending Resolution No.
24-91 to correct the costs assessed against nine properties for the
abatement of nuisances,
K, RESOLUTION NO. 36-91/CONTRACT TO PURCHASE PROPERTY: Approve
Resolution No. 36-91 authorizing the purchase of property located
at 521 N.W. 2nd Street from Barnett Banks Trust Company and
approve the contract for purchase of said property.
L. AUTHORIZATION TO FILE APPEALS TO THE 4TH DISTRICT COURT OF
APPEAL: Authorize the City Attorney to file appeals to the 4th
District Court of Appeal regarding orders from the Circuit Court
which awarded attorney fees to Purvin Industries and Lawrence and
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Agenda
Meeting of 5/14/91
John Razete in connection with the Aero-Dri case.
M. .AWARD OF BIDS AND CONTRACTS:
1. Improvements to the North Water Storage and Pump Station -
Environmental Services - Elkins Constructors, Inc. in the
amount of $806,000 with funding in the amount of $705,500 from
Water and Sewer Repair and Replacement (Account No.
441-5178-536-64.11/balance $725,500) and in the amount of
$100,500 from 1984 Water and Sewer Revenue Bond (Account No.
441-5162-536-60.93/balance $140,514),
2, Repair of . Motor and Pumps - 20 Series Wellfield - Water
Resources (sole source) - in the amount of $10,332 with funding
from Water and Sewer/WTP Repair and Upkeep Equipment (Account
No. 441-5122-536-33.32)~ Account balance $48,461.
3. Housing Rehabilitation program- 240 N,W. 9th Avenue- MSL
Construction, Inc. in the amount of $10,846.50 and 305 S,W.
12th Avenue - Abissett Corp, in the amount of $12,594.75 with
funding from Housing Rehabilitation (Account No.
118-1963-554-60.23) . Account balance $131,173.62.
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 April 23
through May 13 , 1991.
B. REQUEST FOR DETERMINATION: Consider a request for
determination with regard to the applicability of height
limitations in the Single Family Residential (R-1AA) zone district.
C, BUY-OUT AGREEMENT - GOLF COURSE RESTAURANT: Consider a
proposed agreement to buy-out BLS Service, Inc. 's interest in the
golf course restaurant.
D. INTERLOCAL AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY
SCHOOL BOARD: Consider entering into an interlocal agreement with
the Palm Beach County School Board for the development of an
Elementary School ( /I S /I ) to be located on vacant land south of
Linton Boulevard and east of Military Trail. City Manager
recommends approval.
E. GULFSTREAM BOULEVARD BEAUTIFICATION: Consider changes to the
design for the Gulfstream Boulevard Beautification Project and
authorize staff to proceed with this project,
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Agenda
Meeting of 5/14/91
F. AUTHORIZATION TO SUBMIT A JOINT APPLICATION: Authorize staff
to submit a joint application through the Northern Palm Beach
County Water Control District to the U.S. Environmental Protection
Agency for a National Pollutant Discharge Elimination System
(NPDES) Municipal Permit. City Manager recommends approval.
G. APPOINTMENT OF A REGULAR MEMBER TO THE BOARD OF ADJUSTMENT:
Appoint a member to the Board of Adjustment to fill the unexpired
term of Kyle Kopytchak which expires August 31, 1991. Seat 1
appointment,
H. RESOLUTION NO. 38-91: A Resolution establishing the Drug Task
Force as an advisory body to the City Commission with a sunset date
of June 1, 1992. City Manager recommends approval.
1. RESOLUTION NO. 39-91: A Resolution amending the budget for
Fis'cal Year 1990/91. City Manager recommends approval.
10. Public Hearings:
A. ORDINANCE NO. 23-91: An Ordinance rezoning vacant property
located on the east side of Palm Square, just south of East
Atlantic Avenue from Residential (RM) Zone District to Community
Facilities (CF) Zone District in order to accommodate parking for
commercial uses. Planning and Zoning Board recommends approval
(7-0 vote),
1. CONDITIONAL USE APPROVAL/PARKING LOT: (No public hearing
required but this item should be discussed immediately
following Ordinance No. 23-91). Consider a request for
conditional use approval to construct parking facilities on
vacant property located on the east side of Palm Square, just
south of East Atlantic Avenue. Planning and Zoning Board
recommends approval (6-1 vote).
2. CONDITIONAL USE APPROVAL/STILLWATER CRUISES: (No public
hearing required but this item should be discussed immediately
following Ordinance No. 23-91). Consider a request for
conditional use approval to establish a commercial passenger
loading area and boat ticket sales on the east side of Palm
Square, just south o.f East Atlantic Avenue. Planning and
Zoning Board recommends approval (6-1 vote) . Historic
Preservation Board recommends denial.
B. ORDINANCE NO. 41-91: An Ordinance amending Chapter 52
"Water" of the Code of Ordinances to provide for a decrease in the
guarantee-of-payment deposit for utilities. City Manager
recommends approval.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
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. . .
Agenda
Meeting of 5/14/91
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings: None.
13. Comments and Inquiries on Non-Agenda Items:
A, Commission
B. City Attorney
C. City Manager
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MAY 14, 1991 - 6:00 P,M.
PUBLIC HEARINGS - 7:00 P,M.
COMMISSION CHAMBERS
ADDENDUM NO. 1
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
J, AGREEMENT BETWEEN THE CITY AND SOUTHERN BELL: Approve an
agreement between the City and Southern Bell for the installation
of two four-inch PVC Southern Bell telephone conduits (including
strapping to watermain) as part of the Intracoastal Waterway
Crossing/16-Inch Transmission and Subaqueous Water Main project.
Southern Bell will pay the City $21,532.50 upon installation and
acceptance of the conduits.
f
AGRE~1..
THIS AGRE&~ENT is entered into this day of Hay,
1991, by and between the CITY OF DEL~~Y BEACH, a Florida
H\lni.cipal Corporation, (hereina.fter referred to as "CITY")
and SOUTHERN BELL TELEPHONE .~D T.ELEGRAPH COMPAWf, a Georgia
Corporation (hereinafter referred to as ItSOUTHERN BELL"):
hTHEREAS , the CITY has contracted for the conscruction of a
16.inch transmission and subaqueous water main, and
wllEREAS . that Contract includes provisions for construction
of two 4-inch PVC SOUTHE~~ BELL telephone conduits (including
s~rapping to water main), and
w'"HEREAS , it is th~ intention of the parties that SOUTHERN
BELL shall own and maintain these conduits upon the completion
of construction, and
WHEREAS, SOUTHERN BELL has agreed to pay the CITY for these
conduits upon completion,
~OW, THEREFORE, based upon the mutual promises contained
he:t:"ein. , and other good and valuable co~sideration, the parties
do he~eby agree as follows:
l. SOUTHERN BELL shall supply to the concractor selected
by CITY all PVC pipe, pipe joining materials, and pipe fittings
necessary to the installation of the subject conduits,
2. The CITY, by and through its contractor, shall under-
take with the supplied materials th~ construction of the con-
duits, which construction shall be cOillpleted as set forch in
the relevant portions of THE PROJECT ~~~~AL for the construction
of the l6-inch transmission and subaqueous water main,
3. Upon complecion, SOUTHERN BELL shall have the right to
inspect the construction to determine ~hether it does conform
to all specifications set forth in the Manual, and whether it
is otherwise acceptable,
4. Upon acceptance by SOUTHERN BELL of the conduits,
these conduits shall become the property of SOUrHE&~ BELL,
and 50UTBER...'1 BELL shaH have the duty to mdntain the con-
duits thereafter.
5, A~ the time of such acceptance, SOUrHE~~ BELL shall
paY to the CITY the sum of $21,532.50 as full payment for the
conduits.
IN WITNESS THEREOF, the parties have accepted, made and
executed this Agreement upon the terms and conditions set
forth he-rein, on the date first written above.
CITY OF DELRAY BR~CH sOUTHERN BELL TELEPHONE
&\D TELEG~~PH COMP~-Y
BY; BY:
ATTEST: ATTEST:
30d I";rdL -v: 3 1: 1: 6 . -v T "30
,
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MAY'14, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM NO. 1
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
J. AGREEMENT BETWEEN THE CITY AND SOUTHERN BELL: Approve an
agreement between the City and Southern Bell for the installation
of two four-inch PVC Southern Bell telephone conduits (including
strapping to watermain) as part of the Intracoastal Waterway
Crossing/16-Inch Transmission and Subaqueous Water Main project.
Southern Bell will pay the City $21,532.50 upon installation and
acceptance of the conduits.
Wi*,d~n ~ ~~ I
~ ~ QprutWdL
I
AGREE.'1ENT
THIS AGRE&~ENT is entered into this day of Hay,
1991, by and bet~een the CITY OF DEL~~Y BEACH, a. Florida
~unicipal Corporation, (hereina.fter refet-red to as "CITY")
and SOUTRE~~ BELL TELEPHONE AND TELEGRAPH COMPfu~{, a Georgia
COl'poraeion (hereinafter referred to as "SOUTHERN BELL"):
h~EREAS, ~be ~!TY has contracted for the construction of a
l6-inch trans~iss1on and subaqueous water main, and
iffiEREAS , ~hat Contract includes provisions for ~onstruction
of t~~o 4-inch ~VC SOUTH!~~ BELL telephone conduits (including
s:rapping to water main), and
w11EREAS, ic is the intention of tr.e parties that SOUTHEID~
EE:LL shall o...rn and maintain these cono1.:.its upon the cc~pletion
of construction, and
WHEREAS I SOUTHERN BELL has agreed to pay the CITY for tbese
conduits upon completion,
~O~, THEREFORE, bas@d upon the mu:~al promises contained
h;-::eir., and ot~er good and valuable co~sideration, the par:ies
do he~eby agree as follows:
l. SOUTHER1~ BELL shall supply to the contrac t-or selec ted
by C:TY all PVC pipe, pipe joining materials, and pipe fittings ,
~eces5ary to t~e installation of ~he subject conduits.
2, The CITY, by and through its contractor, shall under-
take with the supplied materials the construction of the con-
du~ts, which construction shall be co~pleted as set forth in
the relevanc portions of THE PROJECT ~~~ruAL for the construction
of the 16-inch transmission and subaqueous water main,
3, Upon cO:1pletion, SOUTHERN BELL shall have the right co
tnspect the constr~ction to determine ~hether it does conform
to ~11 specifications set forth in the Manual, and whether it
is otherwise acceptable.
4. ~pon acceptance by SOUTHERN BELL of the conduits,
~he$e conduits shall become the property of SOUTHE~~ BELL,
~nd SOUTBE~~ BELL shall have the duty to maintain the con-
duits thereafter,
5, A~ the t~me of such acceptance, SOUrHE~~ BELL shall
pay to the CITY the sum of $2l,532.50 as full payreenc for the
conduits.
IN UITNESS THEREOF, the parties have accepted, made and
executed this Agreement upon the terms and conditions set
forth he:-ein, on the date first written above.
CITY OF DELRAY 3~~CH SOUTHERN BELL TELEPHONE
Al'\D TELEGR..1.PH COMPANY
8Y: BY:
ATTEST: ATTEST:
30d ~.'r d L. 7 : 2: 1: 1: 6 '7 1: "30
,
[ITY DF DELRRY BEREM
100"~ ,\/ ',: ;"'!="il..;E J='-~,4'-I :3i':"'~~ ;';_-='?!:J~ 324.14
PROCLAJIA JIO.\
WHEREAS, each year the National Trust for Historic
Preservation proclaims one week in May as preservation week for
the purpose of making residents aware of the preservation element
in their City, and;
WHEREAS, . historic preservation gives Americans a deeper
understanding of their unique and diverse heritage; and,
WHEREAS, historic landmarks contribute to the economic,
social and cultural well-being of cities and town across the
nation; and,
WHEREAS, the year 1991 is significant in historic
preservation history, marking the 25th anniversary of the National
Historic Preservation Act of 1966 and the 75th anniversary of the
establishment of the National Park Service; and,
WHEREAS, "Celebrate YOUR Heritage" is the theme for
Preservation Week 1991, co-sponsored by the Delray Beach Historic
Preservation Board and the Delray Beach Historical Society and the
National Trust for Historic Preservation,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim the week of May 12-18,
1991, as
"NATIONAL HISTORIC PRESERVATION WEEK"
and call upon the people of De lray Beach to recognize and parti-
cipate in this special observance.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 14th day of May, 1991.
MAYOR
THOMAS E. LYNCH
SEAL
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CITY DF DELRAY BEAEH
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PROCL-U/A lIt) \
WHEREAS, the citizens of Delray Beach benefit throughout
the year from the knowledge, skill and dedication of Fire Fighters,
Emergency Medical Technicians and Paramedics; and,
WHEREAS, the City of Delray Beach has a very high demand
for pre-hospital Emergency Medical Services due to accidents and
health emergencies occurring in residences, places of work, on
highways and other public places; and,
WHEREAS, these emergency personnel also perform a
variety of educatronal services including C.P.R. and automobile
safety training, etc; and,
WHEREAS, Emergency Medical Technicians, Paramedics and
Fire Fighters have earned our respect and support, and through
their efforts we have a safer community and a higher quality of
life 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 May 12, 1991,
as
"EMERGENCY MEDICAL SERVICES WEEK"
in Delray Beach and urge all citizens to become more aware of the
services provided by these dedicated professionals, and to support
their efforts to promote safe working and living habits.
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 14th day of May, 1991.
MAYOR
THOMAS E. LYNCH
SEAL
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CITY DF DELAA' IEAEM \
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PROCLAJfA TIO.!\
WHEREAS, the Congress and President of the United States
have designated May 15 as Peace Officers Memorial Day, and the
week in which it falls as Police Week; and,
WHEREAS, the members of the Police Department of the
City of Delray Beach play an essential role In safeguarding the
rights and freedoms of the citizens of the Ci t.y of Delray Beach;
and,
WHEREAS, it is important that all citizens know and
understand the problems, duties, and responsibilit.ies of their
Police Department, and that members of our Police Department
recognize their duty to serve the people by safeguarding life and
property, by protecting them against violence or disorder, and by
protecting the innocent against deception and the weak against
oppression or intimidation; and,
WHEREAS, the Police Department of the City of Delray
Beach has grown to be a modern and scientific law enforcement
agency which increasingly provides a vital public service,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim the week of May 13-19,
1991, as
"POLICE WEEK"
and call upon all citizens of the City of Delray Beach and ..lpon I
all patriotic, civic, and educational organizations t.o observe the
week with appropriate ceremonies in which all of our people may 1
join in commemorating police officers, past and present, who by
their faithful and loyal devotion to their responsibilities have
rendered a dedicated service to their communities and, in so
doing, have established for themselves an enviable and enduring
reputation for preserving the rights and security of all citizens.
I FURTHER call upon all citizens of the City of Delray
Beach to observe Wednesday, ~y 15, 1991, as
"PEACE OFFICERS MEMORIAL DAY" 1
,
I
in !
honor of those peace officers who, through their courageous
deeds, have lost their. lives or have become disabled in the
performance of duty.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 14th day of May, 1991.
MAY 0 R
THOMAS E. LYNCH
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[ITY DF DELAA' SEAEN
100 'J N 1st AVENUE ::JELRAY BEACH. FLORIQA 33444 -W7 :..lJ~'~=
PROCLAJ/A TI01\
WHEREAS, the Delray Ladies Auxiliary of the Jewish War
Veterans *266 has been instrumental in raising funds for all
American veterans regardless of race, color or creed: and,
WHEREAS, the Delray Ladies Auxiliary *266 has supported
the organization's efforts in giving the . needy and hospitalized
veterans the medicine of hope and happiness: and,
WHEREAS, in this regard the Womens Auxiliary of Post No.
266 is conducting their annual Poppy Drive on May 23 . and May 24,
1991, for the solicitation of funds necessary for their important
work,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim May 23 and May 24, 1991
as
"DELRAY LADIES AUXILIARY OF THE JEWISH WAR VETERANS WEEK
AND POppy DRIVE"
in recognition and support of this annual drive.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 14th day of May, 1991.
MAY 0 R
THOMAS E. LYNCH
SEAL
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[ITY DF DELARY HEREM
"':;OI\.JN ';......;::.\H.JE DE LF{"'\ y BEACH .'::~GRIQA. 33444 .1.: ~ ~J'::
PROCL-UIA no'
WHEREAS, more than 70 million Americans will choose
recreational boating as a way to relax in 1991 - unfortunately,
tragedies do occur on the water. Responsible boat operators learn
about their. boats, safety equipment, the environment in which they
operate and their own abilities and limitations: and,
WHEREAS, in recognizing that hundreds of lives could be
saved each year'by spreading boating safety information to the
public, the Congress of the United States requested the President
to proclaim annually one week as National Safe Boating Week: and,
WHEREAS, we, the citizens of the City of Delray Beach
affirm and support the goals of National Safe Boating Week,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim the week of June 2 - 8,
1991, as,
"NATIONAL SAFE BOATING WEEK"
in the City of Delray Beach and urge all those who use our water-
ways to acquire skills and knowledge to maintain their own safety
and the safety of those around them.
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 14th day of May, 1991.
MAY 0 R
THOMAS E. LYNCH
SEAL
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[ITY DF DELRAY BEAEH ~ ~
~(J '..'/ . . ~'I='~I.....E .>~:=-M,.j.,T 3E.":'CH '::~'':;'Hi:J~ 33444 ..1,)7 :4':; _\:....
PROCL.4l1.4lfn'
WHEREAS, water-related recreational activities are vital
elements in the lives of the citizens of the City of Delray Beach;
and,
WHEREAS, Florida's 8,400 miles of saltwater tidal
coastline, 3 million acres of inland lakes and 11,000 miles of
rivers and streams provide for many of the needed outlets for
recreatio~ and relaxation; and,
WHEREAS, recreational boating is one of Florida's
leading outdoor activities with more than 4 million residents
participating in this pastime: and,
WHEREAS, Florida is the fastest growing recreational
boating state in the nation with over 718,000 registered vessels
and increasing at over 10,000 vessels each year; and,
WHEREAS, every year lives are lost in boating accidents
in spite of the educational efforts of the Florida Marine Patrol,
U.S. Coast Guard, U.S. Coast Guard Auxiliary, U.S. Power Squadrons,
Florida Game and Fresh Water Fish Commission and local agencies;
and,
WHEREAS, the Florida Marine Patrol, U.S. Coast Guard,
U.S. Coast Guard Auxiliary, U.S. Power Squadrons, Florida Game and
Fresh Water Fish Commission and other cooperating agencies and
groups have developed and are now executing campaigns in this
field; and,
WHEREAS, the sponsors of these safety programs have
addressed their efforts to the youth and general public of Florida,
urging them to enhance boating pleasure and avoid possible loss of
life and property damage,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim the week of June 2 - 8,
1991, as
"NATIONAL SAFE BOATING WEEK"
in the City of Delray Beach and urge all citizens who use our
waterways to join in learning and practicing safe boating and in
having their boats inspected for proper safety equipment.
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 14th day of May, 1991.
MAY 0 R
THOMAS E. LYNCH
SEAL
~-F
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtJ/11
SUBJECT: AGENDA ITEM # U - MEETING OF MAY 14, 1991
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD ACTION
DATE: May 9, 1991
This item is before you to ratify a SCRWTD Board action approving
Change Order No. 1 and Change Order No. 2 to the contract with SCE,
Inc. for the Odor Abatement System - Aeration Basins, New Electrical
Service and Effluent Pump Station Expansion.
Change Order No. 1 consists of installing a Badger water meter in lieu
of a Kent water meter and modification of the air piping at the blower
building. The installation of the Badger water meter is necessary to
provide potable water service to the plant. The air piping
modification is necessary to avoid a conflict with existing yard
piping. The total cost of this Change Order is $8,945.00.
Change Order No. 2 consists of installing a 1750KW prime +10% rated
diesel power emergency generator in lieu of the 2000KW standby unit
specified in the contract and to make temporary concrete repairs to
Plant A aeration basin walkways and platforms. The change to a 1750KW
generator will allow the plant to participate in future interruptible
rate plans, thereby reducing power costs. Additionally, a $12,000
credit was realized. The repairs to the walkways and platforms will
protect the structures against further deterioration pending future
permanent repairs, The cost for those repairs are $27,222,56. The
total cost for this Change Order is $15,222.56.
Funding for our share of these Change Orders ($12,083.78) is available
in the 1991 Water and Sewer Revenue BondjSCRWTD Odor Control Upgrade
(Account No. 447-5165-536-60,31).
Recommend ratification of a SCRWTD Board action approving Change Order
No, 1 and Change Order No. 2, to the contract with SCE, Inc. for the
Odor Abatement System - Aeration Basins, New Electrical Service and
Effluent Pump Station Expansion
, . If E.::3it) . ~91-7~
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 24, 1991
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board did on January 28 ,1991, by a vote of 9-0
authorize Change Order No. 1 to SCE Inc for the Odor
Abatement System - Aeration Basins, New Electrical Service and
Effluent Pump Station Expansion and subject to ratification by
City of Boynton Beach and City of Delray Beach in independent
sessions; and,
\<1HEREAS, costs as submitted in the amount of $8,945.00 are
to be assessed 50% to the City of Boynton Beach and 50% to the
City of Delray Beach; and,
WHEREAS, said Board action requires ratification by the City
of Boynton Beach and the City of Delray Beach,
NOW, THEREFORE, the City of Boynton Beach and the City of
Delray Beach hereby ratify said Board action indepehdently.
The above action is hereby ratified in open session by the
City of Delray Beach this day of , 1991, by a
vote.
Witnesses: CITY OF Del ra.y BEACH
By:
Mayor
Attest:
City Clerk
(SEAL) Approved as to form:
City Manager
City Attorney
The above action is hereby ratified in open session by the
City of Boynton Beach this '7 day of /1/,,9-;-' , 1991, by a
..5-0 vote.
Wi~, CITY OF BOYNTON BEACH
By: ~ iJ~
. /
..Mayor
1~ I\fPM Attes~Z~/V/Y ~ .~~/7d./
ity Clerk
(SEAL)
CHANGE ORDER
(Instructions on reverse side) No. One (1)
PROJECT: Odor Abatement - DATE OF ISSUANCE: 2/11/91
Aeration Basins and
OWNER: Effluent Pump Station Exp.
(Name, S.C.R.W.T.D.B.
Address) 1801 N. Congress Avenue
Delray Beach, FL 33445
CONTRACTOR: OWNER's Project No.
SCE Inc.
8dl Fifth Avenue North ENGINEER: Camp Dresser & McKee Inc.
B i rmi ngham, AL 35202
CONTRACT FOR:
ENGINEER's Project No. 6171-05
You are directed to make the following changes in the Contract Documents.
Description: Install Badger water meter in lieu of Kent water meter and modify air
piping at blower building.
Purpose of Change Order: See attachments.
Attachments: (List documents supporting change) A- Item Descri pt ions; B-Change Order SUl1ll1a ry;
C-Supporting Documentation
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price Original Contract Time
S 10,935,000.00 455
days or dale
Previous Change Orders No. 0 to No. 0 Net change from previous Change Orders
S nfa -0-
days
Contract Price prior to this Change Order Contract Time Prior to this Change Order
S .10,935,000.00 455
days Of date
Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change Order
8,945,00 -O-
S
days
Contract Price with all approved Change Orders Contract Time with all approved Change Orders
S 10,943,945.00 455
days Of dale
REC9MJ'ENDED: APPROVED: APPROVED:
</ /~C;~. by ~~lu,=-
by by A
'L-~-~I
Prepared by the Engineers. Joinl Contract Documents Comminee and endorsed by The Associaled General Contractors of America.
acpnmcd ~II'
Attachment "A"
ITEM DESCRIPTION
RE: South Central Regional Wastewater
Treatment and Disposal Board
Odor Abatement - Aeration Basins and
Effluent Pump Station Expansion
CDM Project No. 6171-05
Change Order No. 1
Item No. Description
1 To formalize Work Directive No. 1 for installing a
Badger water meter and accessories in lieu of the
Kent water meter.
2 To formalize Work Directive No. 2 to modify air
piping at the new blower building.
Attachment "B"
CHANGE ORDER SUMMARY
RE: South Central Regional Wastewater
Treatment and Disposal Board
Odor Abatement - Aeration Basins and
Effluent Pump Station Expansion
COM Project No. 6171-05
Change Order No. 1
Item No. cost/<Credit>
1 $1,005.00
2 7,940.00
Total Change Order Cost $8,945.00
Attachment "c"
Supplementary Documentation
RE: South Central Regional Wastewater
Treatment and Disposal Board
Odor Abatement - Aeration Basins and
Effluent Pump Station Expansion
COM Project No. 6171-05
Change Order No. 1
\ ' Item Description
Item No.
1 Work Directive No. 1
SCE Cost BreakdoWn, Turbine Meter
Replacement
2 Work Directive no. 2
SCE Cost Breakdown, Blower Building
Pipe Modification
WORK DIRECTIVE CHANGE
(Instructions on reverse side) No. One (1)
PROJECT: Odor Abatement - DATE OF ISSUANCE:
Aeration Basins and
OWNER: Effluent Pump Station Exp.
(Name, S.C.R.W.T.D.B.
Address) 1801 N. Congress Avenue
Delray Beach, FL 33445
CONTR..\CTOR: OWNER's Project No.
SCE Inc.
801 Fifth Avenue North ENGINEER: Camp Dresser & McKee Inc.
Birmingham, AL 35202
CONTRACT FOR: ENGINEER's Project No. Ii 171-n~
You are directed to proceed promptly with the following change(s):
Description: Install Badger Turbo II 6-inch water meter and strainer in lieu
of Kent T-3000 6-inch water meter for potable water service to the
plant. Required by the City of Delray Beach Utilities.
Purpose of Work Directive Chal]ge:
-
Attachments: (list documents supporting change) SCE breakdown of December 21s 1990.
If a claim is made that the above change(s) have affected Contract Price or Contract Time,
any claim for a Change Order based thereon will involve one of the following methods of
determining the effect of the change(s).
, Method of determining change in Method of determining change in
Contract Price: Contract Time:
o Time and materials o Contractor's records
o U nit prices o EnlZineer's records
o Cost plus fixed fee o Other
(] Other Lump Sum
Estimated increase (decrease) in Contract Estimated increase (decrease) in Contract
Price: S 1,005.00 Time: -0- days. If the change
If the change involves an increase, the esti. involves .an increase, the estimated time is
mated amount is not to be exceeded with. not to be exceeded without further amho-
out further authorization. rization.
&ii1~ AUTHORIZED:
bY~ ,~ by Owner
EJCDC No. 1910-8-F (1983 Edition)
Prepared by the Engineers' Joint Contrac:t Documents Committce and endorscd by tllc ASSlXiatcd Gcnenl Contrac:tors oC Americ::t..
'-' U L I'..' ~ ,
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WORK DLRECTIVE CHANGE
(Instructions on reverse side) No. Two (2)
PROJECT: Odor Abatement - DATE OF ISSUANCE:
Aeration Basins and
OWNER: Effluent Pump Station Exp.
(Name, S.C.R.W.T.O.B.
Address) 1801 N. Congress Avenue
Delray Beach, FL 33445
CONTR.A..CTOR: OWNER's Project No,
SCE Inc.
801 Fifth Avenue North ENGINEER: Camp Dresser &. McKee Inc.
Birmingham, AL 35202
CONTRACT FOR: ENGINEER's Project No. n171-()~
. You are directed to proceed promptly with the following change(s):
6~scri~V?n' Modify air piping leaving blower building. Air piping to exit
Vla w s'(two Places) instead of through floor and under footer.
Purpose of Work Directive Change: To avoid confl ict with existing yard piping
discovered during excavation.
Attachments: (list documents supporting change) SCE cost breakdown dated
December 21t 1990.
If a claim is made that the above change(s) have affected Contract Price or Contract Time,
any claim for a Change Order based thereon will involve one of the following methods of
determining the effect of the change(s).
Method of determining change in Method of determining change in
Contract Price: Contract Time:
o Time and materials o Contractor's records
o Unit prices o Engineer's records
o Cost plus fixed fee o Other
~ Other
Estimated increase'(decrease) in Contract Estimated increase (decrease) in Contract
Price:S 7,940.00 . Time: -0- days. If the change
If the change involves an increase, the esti- involves an increase, the estimated time is
mated amount is not to be exceeded with- not to be exceeded without further au tho-
out further authorization. rization.
~ AUTHORIZED:
by by OWl\cr
EJCDC No. 1910-3.F (1983 Edition)
?rep:lred by the E:"Igineers' Joint Cont..ct Doc:ume:"lts Committee "nd endorsed by the AJSoci~ted Cene..1 COnt..clors oC Amenc".
. .
~ u . \ ,.,.," Ir I
I \
A_a" I
t;"",,0'" ~~ f'v- /Ho,/"tc.J.f,,_
.-_...--- -- ~s ..- -.---.'
1 1 1 , I
R~. 1<.9/- 7~
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 18, 1991
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board did on April 18 ,1991, by a vote of 8-0 authorize
Change Order No. 2 to SCE Inc for the Odor Abatement System -
Aeration Basins, New Electrical Service and Effluent Pump Station
Expansion and subject to ratification by City of Boynton Beach
and City of Delray Beach in independent sessions; and,
WHEREAS, costs as submitted in the amount of $15,222.56 are
to be assessed 50% to the City of Boynton Beach and 50% to the
City of De1ray Beach; and,
WHEREAS, said Board action requires ratification by the City
of Boynton Beach and the City of De1ray Beach,
NOW, THEREFORE, the. City of Boynton Beach and the City of
Delray Beach hereby ratify said Board action independently.
The above action is hereby ratified in open session by the
City of Dell"ay Beach this day of , 1991, by a
vote.
Witnesses: CITY OF Del ray BEACH
By:
Mayor
Attest:
City Clerk
(SEAL) Approved as to form:
City Manager
City Attorney
The above action is hereby ratified in open session by the
City of Boynton Beach this 7 day of $/T~ , 1991, by a
5-c:? vote.
Witnesses: CITY OF BO~NTON ~
->~-'~
By: 4z-,--<< /1.
I~or ~
~YL ~l~
Attest: '/2'/Yf ;c;2:;r- . .//J~
ty Clerk .
(SEAL)
~~
CHANGE ORDER
(Instructions on reverse side) No, Two (2)
PROJECT: Odor Abatement - DATE OF ISSUANCE:
Aeration Basins and April 18, 1991
OWNER: Effluent Pump Station Exp.
(Name, S.C.R.W.T.D.B.
Address) 1801 N. Congress Avenue
Delray Beach, FL 33445
CONTRACTOR: OWNER's Project No.
SCE Inc.
801 Fifth Avenue North ENGINEER: Camp Dresser & McKee Inc.
B; rm; ngham, AL 35202
CONTRACT FOR:
ENGINEER's Project No. 6171-05
You are directed to make the following changes in the Contract Documents.
Description: In accordance with attachments
Purpose of Change Order: In accordance with attachments
Auachments:(Listdocumentssupportin~change) A-Item Descriptions; B-Change Order Cost Summary;
C-Supporting Documentatlon List
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
OriginaPContract Price Original Contract Time
S 10,935,000.00 455
day. or .I...
Previous Change Orders No. 1 toNo. 1 Net change from previous Change Orders
S 8.945.00 0
day.
Contract Price prior to this Change Order Contract Time Prior te) this Change Order
S 10,943,945.00 455
day."'da..
Net Increase (decrease) of this Change Order Net Increase {decrease) or this Change Order
S 15,222.56 0
day.
Contract Price with all approved Change Orders Contract Time with all approved Change Orders
S lO,95Q,167.56 455
day. tit da..
APPROVED: APPROVED:
/ ,) .-
,- ) ./
' I .
by /. ~1 ''''' . , by
;' .
Owner C...."KIOl'
ElCDC No. 1910-8-8 (1983 Edition)
Prepared by Ihe Enaineers' Joinl COnlrac' OocumenlS Comminee and endorsed by The Allocia.ed General Conlraclors of America.
.......... ....~
Attachment "A"
Item Descriptions
South Central Regional Wastewater
Treatment and Disposal Board
Odor Abatement - Aeration Basins and
Effluent Pump Station Expansion
COM Project No. 6171-05
Change Order No. 2
Item No.
1 DeSCriation: Furnish and install a 1750KW prime +10%
rated iesel power emergency generator in lieu of the
2000KW standby rated unit specified within the contract
documents.
Purpose: To allow the OWner to participate in future
interruptible rate plans, thereby reducing power costs.
Cost: <$12,000.00> Credi t
2 Description: Furnish and install temporary concrete
repairs to Plant A aeration basin walkways and aerator
platforms.
Purpose: To protect the structures against further
deterioration pending future per.manent repairs.
Cost: $27,222.56
Attachment "B"
Change Order Cost summa.ry - ~.- --_._- - -
South Central Regional Wastewater
Treatment and Disposal Board
Odor Abatement - Aeration Basins and
Effluent Pump station Expansion
COM Project No. 6171-05
Change Order No. 2
Item No. Cost/<Credit>
1 <$12,000.00>
2 27,222,56
Total Cost of Change Order No. 2 $15,222,56
.
Attachment "c"
Supporting Documentation List
South central Regional Wastewater
Treatment and Disposal Board
Odor Abatement - Aeration Basins and
Effluen~ Pump Station Expansion
COM Project No. 6171-05
Change Order No. 2
Item No. Description
1 Contractor's letter to Engineer dated February 12, 1991
Contractor's letter to Engineer dated February 15, 1991
Work Directive No. 3 dated February 19, 1991
2 Engineer'S letter to Contractor dated April 2, 1991
Contractor's letter to Engineer dated April 4, 1991
~........""~~..~ .... ...- -, . --,-- ...,---_..- - ~ , ' -._ ..-._ ...__......... .-~...,.'_,...--..--~..____-rc_-....'r________._. _____,_----~
- - -,- -- - WATER & WASTEW^TEn Gri()UP @
INCORPORATED February 12, 1991
General Conlr8:tor
Camp, Dresser & McKee, Inc.
1500 N.W. 49th Street
Suite 300
Ft. Lauderdale, Florida 33309
Attention: Mr. Norm Trainor
Re: South Central Regional W.W.T.P.
Odor Abatement-Aeration Basins
and Effluent Pump Station Expansion
Delray Beach, Florida
COM PN: 6171-05
New Generator
Dear Mr. Trainor:
I am writing to advise you of'information I have concerning the New
Generator. COM has requested, previously, that we advise them of any
differences, of cost or time, should the New Generator be changed from a 2000 KW
unit, as previously approved, to a 1750 KW unit.
To make this change at this time would create the following:
l. A credit of $12,000.00 is offered to change from the 2000 KW unit to
the 1750 KW unit.
2. The delivery date has been changed. The new date is the week of May 6,
1991, in lieu of the week of March 11, 1991. We are requesting a
thirty (30) day extension of contract time for this delay. We have
taken into consideration float time.for this request.
3. We must have authorization by Friday, February 15, 1991, to proceed
with this change. Drawing submittals will be for file purpose only.
Authorization to proceed after this date can reduce the credit and
increase the contract time extension requested.
Your understanding of the fact that this unit is critical to our schedule is
appreciated. Please advise of your acceptance of the above as soon as possible.
If there may be questions or if additional information is required
concerning the above please advise me. ~lJMJSF.O CONST.
Very truly yours, (,(:T10N
--_.
;;;:;tlL
William J. Pohlman
Project Manager
WJP:jm
cc: William A. Cobb, Executive Vice President DOC. NO. ~O
Franklin M. Hogan, Senior Vice President ~08' NO~ ul'1 (-O~
File
Job
P.O. BOX 12887 . BIRMINGHAM, ALABAMA 35202-2887
801 5TH AVENUE NORTH · BIRMINGHAM, AlABAMA 35203-2887 · (205) 251-9309 . FAX .251-1409
...~~~.:.' ---,....---_.,"-~--..,......--.-_.~.__.-_.....~---_._~._----.-_-~---.._~----.....--..---....... - - .------_.~-,.......---;
- _~___ w ^ 1 [ f 1 ~~ IN ^ ~~ T l W 1\ I l Il (~I ~ () I. ) I) @
INCORPORATED
General Contra::tor
February 15, 1991
-'1 c.o
--f -
f:~~ ~ '"?o.
C::::..;:.. - OJ ..-fJ
Camp, Dresser & McKee, Inc. ~?~:e _ m
1500 N.W. 49th street i:'R~ co (')
Su He 300 ~-.f2 ...... m
r--:;e......' -
Ft. Lauderdale, Florida 33309 !r'f:$Xi <.0 <
~I:::O . . m
Attention: Mr. Norm Trainor t-- I'\) 0
co
Re: South Central Regional W.W.T.P.
Odor Abatement-Aeration Basins
and Effluent Pump Station Expansion
Oelray Beach, Florida
COM PN: 6171-05
New Generator
Dear Mr. Trainor:
With reference to your discussion with Mr. Frank Hogan, SCE Incorporated,
concerning our request of a contract extension. By a letter to COM on February
12, 1991, we had requested a 30 day Contract extension for the generator change
request.
After COM reviewed the above mentioned letter and per your discussion with
Mr. Hogan on February 14, 1991, we are revising our requirements for this change.
The following changes are incorporated:
1. No Change
2. We will not require the 30 day extension request. However, if the
generator is delivered later than May 10, 1991, we will request
, extension of time for each day the generator is not delivered.
3. We are requesting our supplier to release the 1750 KW unit today for
fabrication and delivery.
The above is our understanding with Mr. Hogan. If you disagree or if you
may have other questions please call me. '.-:;'".-,-.- ;,'U-T. ..'-
hI I . '.'r ,. .-.__:-__h \ foiJ1! i
~f= ,,, ,.~ '1 .
Very truly you.rs, 2'j-----;. ,,-,~,:--,..
,t-lbT . . ..1..' ,,';.
SCE INCORPORATED w-~'!~~~~..... ..~C' i :..:
~ M coxn;:P0 ': j ~I .
11 f .. J J . : - I '. . ; -,,/' .. : ._/
lJ"~ . I......; ,
William J. hlma. &:"',:,,- ".:. d:
ProJ'ect Manager;:;, - - :.- '.. .:_: ..--'.
~-.... . ! B&... ' .
.. .
-..-.. ---
WJP:jm PSG.. Hr;..., ~()..:()
cc: File YO:: :>:0. 1I.11/-b~
P.o. BOX 12887 · BIRMINGHAM, ALABAMA 35202.2887
801 5TH AVENUE NORTH. BIRMINGHAM, ALABAMA 35203-2887. (205) 251-9309 . FAX 251-1409
.
WORK DIRECTIVE CHANGE
(1' 'd ) N Three (3)
nstructlons on reverse SI e . o.
PROJECT: Odor Abatement - DATE OF ISSUANCE: February 19, 1991
Aeration Basins and
OWNER: Effluent Pump Station Exp.
~aIne, S.C.R.W.T.O.B.
Address) 1801 N. Congress Avenue
Delray Beach, FL 33445
CONTRACTOR: OWNER's Proje~t No.
SCE Inc.
801 Fifth Avenue North ENGINEER: Camp Dresser & McKee I nc.
Birmingham, AL 35202
CONTRACT FOR: ENGINEER's Project No. 6171-05
. t'I".
You are directed to proceed promptly with the following change(s):
.
Description: Substitute 1750 KW prime.+10% rated diesel power emergency
generator for 2000 KW standby rated unit.
Purpose of Work Directive Change: To allow the Owner to participate in.future
interruptible rate plans, thereby to reduce power costs.
Attachments: (list documents supporting change)
If a claim is made that the above change(s) have affected Contract Price or Contract Time,
any claim for a Change Order based thereon will involve one of the following methods of
determining the effect of the change(s).
Method of determining change in Method of determining change in
Contract Price: Contract Time:
o Time and materials 0 Contractor's records
o Unit prices 0 Engineer's records
o Cost plus fixed fee ~ Other Negotiated
~ Other ~~9oti~t~n
Es.timate.d in<:r.easafdecrease) in Contract E~timated inqease (decrease) in Contract
Price:$ll~ ,uuu. OJ . Time: -0- days. If the change
If the change involves an increase, the esti- involves an increase, the estimated time is
mated amount is not to be exceeded with- not to be exceeded without further autho-
out further authorization. rization.
~
b --- ~
EJCDC No. 191Q.S-F (1983 Edition)
.
.
CDM CAMP DRESSER & McKEE INC.
environmental engineers, scientistS. 1500 N.W. .91h Slreet, Suite 300
Posl Olliee Sox 9626
planners. & management consultants Fert lauderdale. Florida 33310
305 776-1 13 1
FAX
-
April 2, 1991
Mr. William J. pohlman, P.M.
SCE Inc.
801 Fifth Avenue North
PO Box 12887
Birmingham, Alabama 35202-12887
RE: South centra! Regional Wastewater
Treatment and Disposal Board
Odor Abatement - Aeration Basins and
Effluent Pump station Expansion
CDM Project No. 6171-05
Aeration Basin Platforms and Walkways
Temporary Concrete Repairs
Dear Mr. Pohlman:
Per our recent conversations, CDM requests that SCE p["ovide an
estimated cost to perform the following work in the "A" plant aeration
basins:
0 Remove delaminated loose concrete.
0 Sandblast exposed reinforcement bars and concrete free of
rust stains.
0 Apply Sika Top 108, Armatec, Anti-Corrosion Coating to the
exposed reinforcement bars.
0 Apply epoxy coating originally specified in the Contract -
Documents.
We understand that at the present time most of the loose concrete in
the.southern half of Plant "A" has already been removed. A few
isolated areas remain where further removal will be required.
It is our intention to issue a Work Directive once a cost and scope
are agreed upon. If you have any comments regarding these procedures,
contact us as soon as possible.
Very truly yours,
INC.
.
"Norman G. Tra . or, P.E.
Manager of Construction Services
NGT/BRS!bao
File No. 6171-05 D.QC. NO. ~<60
cc: D. Cipriani JOB NO.. (;(1(-D~
B. Erel/STI
C, F
.---........~ .'-' ,---".- ----- ~---; '---,--~--'---~-..---'- ~ ~- - :--. -~~ ~- .. ,~--='-......---- ..-....- ~
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'vVf\TEH & W ^ S T [ IJV /\ T t: tj G H () lJ P
April 4, 1991
ca
-
,~ 3>
-4 ;U
. fl'e c:": -0
Camp, Dresser & McKee, Inc. r- )> ;::0 fT1
)>3;:"7
1500 N.W. 49th Street c:: - eo . 0-
C1~-O::
Suite 300 fT't:::-:o rn
;0""";0
Ft. Lauderdale, Florida 33309 ornrn ::P -
)>.....V) CS <
.-%v:> rn
Attention: Mr. Horm Trainor mO'"" ..
- . :::0 a
..,., IS)
r-
Re: South Central Regional W.W.T~
Odor Abatement-Aeration Basins
and Effluent Pump Station Expansion
Delray Beach, Florida
COM PH: 6171-05
Basin A Concrete Walkway Repairs
Dear Mr. Trainor:
Per your verbal request I have priced our doing the repairs to the walkways
per your letter dated April 2, 1991. Attached is my work sheet for same.
We will chip off the loose concrete from under the walkway, sandblast the
exposed rebar, apply SikaTop 108, Armatec to the exposed rebars and finish with
the originaJly specified coating. Exposed rebar is rebar that can be seen, not
exposed 360. We do not include "digging" around rebar. The cost to do this
work is Twenty Eight Thousand Nine Hundred Fifty Three dollars ($28,953.00).
This represents a cost of $4,825.50 per cell in Basin A to do the repairs.
It is our intent to follow the procedures as outlined in the April 2, 1991,
letter we received from Camp, Dresser & McKee, Inc. However due to the
seriousness of this problem we cannot offer any guarantees for this repair.
If there may be any questions or if you require additional information
please call.
Very truly yours, COM/5F~O cO"'5T. Pi?-
SCE INCORPORATED pjl4r
/1/dLl !v2 t.Jttf
William J. ohlman
Project Manager
WJP:jm Cf
cc: Job
File DOC. NO. ~n
JOB NO. Ul'll-D~
P.O. BOX 12881 . BIRMINGHAM, ALABAMA 35202.2881
801 5TH AVENUE NORTH. BIRMINGHAM, AlABAMA 35203-2881 · (205) 251.9309 · FAX 251-1409
.
CDM .r- CAMP DRESSER &. McKEE INC.
" -.
environmental engineers. scientists. AfiH lJ of 1500 N. w. .9lh SlrH', Suite 300
POll O";ce Box 9828
plannerS, & management consultantS Fort Lauderdale, Florida 33310
AosiJ. 305 776-1131
FAX ........
April 2, 1991
Mr. William J. pohlman, P.M.
SCE Inc.
801 Fifth Avenue North
PO Box 12887
Birmingham, Alabama 35202-12887
RE: South Central Regional Wastewater
Treatment and Oisposal Board
Odor Abatement - Aeration Basins and
Effluent Pump station Expansion
COM Project No. 6171-05.
Aeration Basin Platforms and Walkways
Temporary Concrete Repairs
Dear Mr. Pohlman:
Per our recent conversations, COM requests that SCE provide an
estimated cost to perform the following work in the "A" plant aeration
basins:
0 Remove delaminated loose concrete.
0 Sandblast exposed reinforcement bars and concrete free of
rust stains.
0 Apply Sika Top 108, Armatec, Anti-Corrosion Coating to the
exposed reinforcement bars.
0 Apply epoxy coating originally specified in the Contract
Documents.
We understand that at the present time most of the loose concrete in
the southern half of Plant "A" has already been removed. A few
isolated areas remain where further removal will be required.
It is our intention to issue a Work Directive once a cost and scope
are agreed upon. If you have any comments regarding these procedures,
contact us as soon as possible.
Very truly yours,
INC.
.
Norman G. Tra or, P.E.
Manager of Construction Services
NGT/BRS,lbao
File No. 6171-05
cc: D. Cipriani
B. Erel/STI
C, F
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # U - MEETING OF MAY 14, 1991
RATIFICATION OF GOLF COURSE REBATE POLICY
DATE: MAY 9, 1991
At the May 7, 1991, workshop meeting, the Conunission, by majority
consensus, agreed to a sixteen percent (16%) reimbursement of the
annual permit fee to prepaid permit holders as compensation for
the golf course closing this summer. A qualification was that
the funds be returned to the holders prior to June 15, 1991.
This item is now before the Conunission for formal ratification of
that decision.
Reconunend ratification of the golf course rebate policy which
provides for the reimbursement of sixteen percent (16%) of the
prepaid annual fee to permit holders, with the monies to be
refunded prior to June 15, 1991.
. DK1
~
I
[ITY DF DELIAY BEA[H .
='L. '. ,') -, ,....;-......J._ -
MEMORANDUM
TO: David T. Harden, City Manager
FROM: l~ Robert A. Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: AGENDA ITEM rs- CITY COMMISSION WORKSHOP MAY 7 1991
RECONSIDERATION- EBATE POLICY GOLF COURSE PREPAID MEMBERSHIPS
DATE: May 3, 1991
Action
City Commission is requested to reconsider the rebate policy approved
April 2, 1991, to prepaid permit holders for the golf course closing
this summer.
Backqround
On April 2nd, City Commission approved the off-season adjusted
proration policy for refunds to permit holders for the three month
course closing. The other option presented for refunds was a straight
line proration. The reasoning presented by Mr. Dubin for the
off-season adjustment was that green fees were lower in the summer
months (May through october). The full proration refund amount is 25%
of annual fees, Mr. Dubin's calculation for the summer proration is
12-1/2%. I have recalculated the summer proration figure and have
come. up with a refund amount of 16% of the annual permit fee. This
was calculated by adding the various green fees (one per month) at the
different rates and the three month total by this amount, i.e. ,
1l$12.00 x 3) ($6.00 x 3) = $18 = 16%
+ ($14.00 x 3) ($6.00 x 6 U =$114
.,
We have received numerous letters and pnone calls from prepaid permit
holders who feel that the summer proration policy is not fair or
equitable to them. They think they should receive the full proration
rebate at 25%.
v.lS/r~
THE EFFGr:T AL'NAYS MATTERS
. ' , .
David T. Harden
Agenda Item - City Commission Workshop, May 7, 1991
Reconsideration-Rebate Policy Golf Course Prepaid Memberships
Page two
Commission is requested to reconsider the rebate policy. An analysis
of the monetary affects of each is as follows:
Refund Refund Refund
Type Permit 25% 12-1/2% 16%
Resident Family $286 $143 $183
Non-Resident Family $388 $194 $248
Resident Single $181 $ 90 $116
Non-Resident Single $300 $150 $192
Total Amount Refund $93,500 $46,750 $59,840
I feel we can justify the 16% refund amount and still absorb this loss
in the budget. I have a concern with having a net surplus at the end
of the fiscal year if the refund is increased to 25%.
RAB:mld
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # - MEETING OF MAY 14, 1991
MODIFICATION AGREEMENT FOR ARCHITECTURAL SERVICE/FIRE
STATION NO. 2
DATE: May 9, 1991
This item is before you to formally approve the modification to the
agreement between the City and Currie Schneider which provides for
an additional payment of $25,000 for basic architectural services
rendered to complete the Fire Station No, 2 project. The payment of
this lump sum amount constitutes the complete and total payment to the
architect by the City for basic services. In return for the lump sum
payment the architect shall complete all the basic services contained
in the original agreement in an expeditious and professional manner.
Recommend approval of the modification of agreement to the contract
between the City and Currie Schneider which provides for an additional
payment of $25,000 for basic architectural services rendered to
complete the Fire Station No. 2 project.
.-/ I '
. S/ / <c. <:tP'1/')~
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 3\ 0 ST. ] st STREET, SUITE 4 . DLLRA Y BEACH, I.LORIDA 334H3
407/243-7090 . TELECOPIER 407/278-4755
MEMORANDUM
Date: May 3, 1991
To: David Harden, City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: Fire Station No. 2 - Payment of $25,000 to Currie
Schneider
I have drafted a Modification of Agreement, which sets forth
assurances that the $25,000 payment authorized by the City
Commission for completion of the architectural services for
Fire Station No. 2 will not exceed $25,000 for basic services.
At a May 2, 1991 meeting with Larry Schneider of Currie
Schneider Associates, Mark Gabriel, Chief Koen and myself,
Larry Schneider indicated that he would be working directly
with you regarding the $25,000 payment.
In light of the foregoing, I am enclosing this Modification of
Agreement for your use. Larry Schneider has reviewed and made
changes to the Modification of Agreement, which are acceptable
to our office.
s~JZ
Attachment
cc: Chief Kerry Koen, Delray Beach Fire Department
Larry Schneider, Currie Schneider Associates
MODIFICATION OF AGREEMENT
1 This modification of agreement is made this _ day
of , 1991 and modifies the agreement dated
October 19, 1988, between the City of De1ray Beach, Florida
(the City) and Currie Schneider Associates, AlA, P.A., (Archi-
tect) ,
W I T N E S SET H
WHEREAS, the City Commission of the City of Delray
Beach, Florida entered into an agreement with Currie Schneider
Associates, AlAr P.A. on October 19, 1988, for the provision of
architectural services to the City of Delray Beach, Florida by
the Architect for the construction of Fire Station No. 2
'., - -
located at the intersection of east Atlantic Avenue and Andrews
Avenue in the City of Delray Beach, Florida and as more partic-
ularly described in the agreement; and,
WHEREAS, the October 19, 1988, agreement provided
that if basic architectural services covered by the agreement..
are not completed within eighteen months ( 18 ) of the date of
the contract (or April 19, 1990) that the Architect shall be
compensat..ed on an hourly basis unless a revised fee is agreed
upon; and,
'. WHEREAS, the City Commission of t..he City of Delray
Beach, at its meeting of April 9, 1991 agreed to pay instead of
an hourly rate and, an additional revised lump sum fee in the
amount of twenty-five thousand dollars ($25,000.00) which shall
be paid over the amount previously paid to the Architect to
cover the services of the Architect, through the completion of
the entire project.
NOW, THEREFORE, in consideration of the premises and
the mutual benefits which will accrue to the- parties hereto in
carrying out the terms of this agreement, it is mutually
understood and agreed as follows:
l. That the recessitations set forth above are
incorporated as if set out fully herein.
2. The Architect shall complete all the basic
services as contained within the October 19, 1988 agreement
which sh'iHI include completion of the contract administration
phase and all other basic services contained within the agree-
ment, for an additional lump sum fee of twenty-five thousand
dollars ($25,000.00) .
3 . The additional payment of twenty-five thousand
dollars ($25,000.00) lump sum fee to the basic service contract
<
amount constitutes the complete and total payment to the
Architect by the City for basic services.
4. As a result of such payment, the Architect
agrees to perform and complete the work required by the October
. . -, ..
19, 1988 agreement in an expeditious and professional manner.
5. Article 12.28 of the October 19, 1988 agreement
is hereby deleted in its entirety.
2
6. This modification does not alter any other term
or condition contained with the agreement of October 19, 1988.
All the terms and conditions of the October 19, 1988 agreement
not in express conflict with this modification shall remain in
full force and effect and are incorporated herein.
IN WITNESS WHEREOF, the parties hereto have set their
hands the day and year first above written.
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
Attest:
-.
--
City Clerk
Approved as to legal sufficiency
and form:
City Attorney
.
CURRIE SCHNEIDER ASSOCIATES, AlA
P.A.
By:
Witness
. . -!'v it rre-s s- ., . . .
3
State of
County of
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgmentst personally appeared ,
known to me to be the persons described in and who executed the
foregoing instrument as and ,
respectivelYt of I a corporation organ-
ized under the laws of the state of . They
acknowledged before me that they executed the foregoing instru~
ment as such officers in the name and on behalf of the corpora-
tion, aTrd-- that they also affixed thereto the official seal of
the corporation.
SWORN TO AND SUBSCRIBED before me this day of
t 1991.
Notary Public
<
My Commission Expires:
4
4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # <at> - MEETING OF MAY 14 I 1991
GUARANTY AGREEMENT
DATE: May 9, 1991
At your April 16th special/workshop meeting the Commission accepted an
offer from Dan Burns to guarantee funding from private sources to
defray the cost of the Fourth of July fireworks display, This item is
before you to formally approve a guaranty agreement between the City
and Dan Burns which provides that if Mr. Burns is unable to raise
$25,000 for the Fourth of July Fireworks, from private sources, that
he will supply $25,000 to the City for the fireworks on or before July
5, 1991.
Recommend approval of guaranty agreement between the City and Dan
Burns which guarantees funding to the City in the amount of $25,000
for the Fourth of July fireworks display,
S/~t/ t~~~ L~k'c{ H11 rd.Qd)
. .
5,:'
[ITY DF DElRAY BEA[H,;) ~~;~
Jl.,ti,.'i-f'i'~::"';"
. ~. '. ,- . ',~ , . - ..... ',' -'.
CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 . DELRA Y BEACH, FLORIDA 33483
407/243-7090 · TELECOPIER 407/278-4755
MEMORANDUM
Date: April 26, 1991
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Guaranty Agreement Between the City of Delray Beach
and Dan Burns - July 4th Fireworks
At your workshop meeting of April 16, 1991, the Commission gave
direction to staff that the draft Guaranty Agreement wherein
Mr. Burns guarantees that if he is unable to raise $25,000 for
the Fourth of July Fireworks that he will supply the $25,000 to
the City for the fireworks on or before July 5, 1991.
Our office has received from the law office's of Weiner, Golder
I and AsS{)-c_iates, P.A. the final Guaranty Agreement.
-,
--
By copy of this letter and Guaranty to David Harden, City
Manager, our office is requesting that this matter be put on
the next regular City Commission consent agenda for formal
~e City Commission.
SA . .
cc Michael Weiner, Esq.
GUARANTY
THIS GUARANTY made this ____ day of , 1991, by
DAN BURNS (the IIGuarantorll), to and for the benefit of THE CITY
OF DELRAY BEACH, FLORIDA (the "CITY") .
WHEREAS, THE CITY intends on entering into a Contract for
displaying fireworks at an event sponsored by the CITY on July 4,
-- 1991 (the II Event II) ;
WHEREAS, certain private citizens and entities desire to
raise funds to support the Event;
WHEREAS, the Guarantor is willing to guaranty that funds
shall be raised to support the Event up to the amount of
$25,000.00.
NOW, THEREFORE, in consideration of the premises and to
'"::::::---
induce the 'CITY to carry out, sponsor and put on the Event, the
Guarantor:
l. Unconditionally and absolutely guarantees in the event
that private citizens and entities do not contribute at least the
sum of Twenty-Five Thousand Dollars ($25,000.00) to the CITY on
or before July 5, 1991, then the difference shall be paid by the
Guarantor on or before July 25, 1991.
2 . Agrees that this Guaranty shall inure to the benefit of
and may be enforced by the CITY only and no other entity,
successor or assign.
3. kgrees-that this Guaraflty sl,all ':e~~,i"ate epon receipt by
,
,
CITY in full of the sum of Twenty-Five Thousand Dollars
($25,000.00) from certain private citizens and entities or from
Guarantor as or for a contribution to the financial support of
the Event.
4. Agrees that this Guaranty is a guaranty of monies only
and shall not be deemed a guaranty of the Event, including but
not limited to, safety, performance, administration, crowd
control, or any other aspect of the Event whatsoever.
IN WITNESS WHEREOF, the Guarantor has caused this instrument
to be executed as of the day and year first above written.
DAN BURNS
The "Guarantor"
~
..-" -.-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # iE - MEETING OF MAY 14, 1991
AGREEMENT BETWEEN THE CITY AND FLORIDA DEPARTMENT OF NATURAL
RESOURCES
DATE: May 9, 1991
This agreement provides for reimbursement of funds up to $2,007,236
for our beach nourishment project and related activities. The funding
under this agreement can only be used for those eligible project items
listed in the agreementj however, if funds are not needed for one
eligible project item it may be used for another eligible project item
whenever the listed estimated cost is insufficient, Provisions of
this agreement provide for project completion on or before September
1 , 1993. In addition requests for reimbursement for expenditures made
on or after June 1 , 1987 may be submitted, provided that those
expenditures were for sand search, beach monitoring, pre-construction
environmental monitoring, engineering, and sea turtle monitoring done
in preparation for project construction. Standard indemnification,
audit, and contract administration clauses are also contained in the
agreement,
Recommend approval of an agreement between the City and Florida
Department of Natural Resources for reimbursement of funds up to
$2,007,236 for our beach nourishment project and related activities.
-;~ ~ ~~ (; ('
'= I. '1"1..eA;:H~ .~~
. "#,
.
CITY COMMISSION DOCUMENTATION
TO: David Harden, City Manager
FROM: John Walker, Project coordinato~ttI~
DATE: May 3, 1991
SUBJECT: Meeting of May 14, 1991
AN AGREEMENT BETWEEN FLORIDA DEPARTMENT OF NATURAL
RESOURCES AND THE CITY OF DELRAY BEACH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is to authorize
execution of an agreement with the Florida Department of
Natural Resources for reimbursement of a portion of the cost
of the Beach Nourishment Project.
BACKGROUND:
The State of Florida appropriated $2,007,236 in FY 90/91 for
beach nourishment and related activities. Funds are available to
the City on a reimbursement basis. The State requires execution
of a contract stating the terms of reimbursement. The attached
agreement has been reviewed by the Planning Department and City
Attorney's Office and found to be satisfactory.
RECOMMENDED ACTION:
By motion, authorize the Mayor to execute an agreement with the
Florida Department of Natural Resources for reimbursement of a
portion of the cost of the Beach Nourishment Project.
JW/lh \~'\ .~
Attachment S. ~
* Agreement \Ji'.~ -i!~
~ l
~ ~ :~~
- CV
JW/#4/DNR1.TXT .. tJ~" \~{)
~'" \<' .
v~~~~~
DNR Contract # c'-7IIS
AGREEMENT
THIS AGREEMENT is entered into this day of , 1991,
between the FLORIDA DEPARTMENT OF NATURAL RESOURCES (hereinafter referred to as
the "DEPARTMENT") and the City of Delray Beach (hereinafter referred to as the
"LOCAL SPONSOR") for the PROJECT described herein.
In consideration of the mutual benefits to be derived herefrom, the
DEPARTMENT and LOCAL SPONSOR do hereby agree as follows:
1. The DEPARTMENT is entering into this Agreement in accordance with
Chapter 161, Florida Statutes, with the LOCAL SPONSOR for the erosion control
project known as the Delray Beach Nourishment project, hereinafter referred to
the PROJECT.
2. The LOCAL SPONSOR agrees to conduct, or cause to be conducted, the
eligible PROJECT items identified below subject to acquisition of all requisite
environmental and construction permits. The PROJECT consists of the nourishment
of approximately 2.7 miles of shoreline in the City of Delray Beach (Palm Beach
County) approximately between DEPARTMENT range monuments R-180 and R-189, using
approximately 1,020,000 cubic yards of beach quality sand. Approximately 10,000
cubic yards will be used for dune reconstruction. Three dune crossovers shall
be constructed and the new reconstructed dunes vegetated. Appropriate pre and
post construction monitoring will be conducted.
The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs for the
PROJECT are as follows:
Estimated Costs
Eliqible Proiect Items Federal Nonfederal Total State Local
Beach Fill 2,539,163 1,923,337 4,462,500 1,269,403 653,934
Mobilization/
Demobilization 569,000 431,000 1,000,000 284,460 146,540
Sand Search 0 150,000 150,000 150,000 0
Engineering 203,702 154,298 358,000 115,723 38,575
Offshore Environmental
Monitoring (Pre-project,
construction & post
project) 130,870 99,130 230,000 74,347 24,783
Sea turtle monitoring 0 29,750 29,750 22,178 7,392
Beach Monitoring
(surveys) 0 76,500 76,500 57,375 19,125
Revegetation 0 10,000 10,000 7,500 2,500
Construction of three
protection walkways Q 35,000 35,000 26,250 8,750
TOTAL 3,442,735 2,909,015 6,351,750 2,007,236 901,599
.
Note: The above costs for eligible project items are not line-item costs. Funds
not needed for one eligible project item may be used for another eligible project
item whenever the listed estimated cost in insufficient.
The DEPARTMENT and the LOCAL SPONSOR further agree that any and all
activities associated with the PROJECT that are not shown in the above eligible
item listing are the responsibility of the LOCAL SPONSOR and are not a part of
this Agreement. The DEPARTMENT'S financial obligation shall not exceed the sum
of $2,007,236 for this PROJECT. The LOCAL SPONSOR shall be responsible for all
other costs.
3. In connection with this Agreement, it is acknowledged that at all times
the LOCAL SPONSOR is not acting as an employee of the State of Florida and
neither the LOCAL SPONSOR nor its employees are entitled to accrue any benefits
of state employment, including revetment benefits, and any other rights or
privileges connected with employment in the Florida Career Service.
4. As consideration for the work performed by the LOCAL SPONSOR under the
terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified
herein. The LOCAL SPONSOR will submit a request for reimbursement of funds on
such forms, as attached hereto as Exhibit "A", not more frequently than monthly.
These forms shall be certified as accurate by the LOCAL SPONSOR's Project
Administrator and the LOCAL SPONSOR Project Financial Officer and submitted to
the DEPARTMENT as a payment request along with an interim report of the status
of the PROJECT. The DEPARTMENT's Contract Manager has 30 days after receipt of
an interim report and billing to determine that the work has been accomplished
prior to approving the billing for payment. Upon approval of the payment request
the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten percent
(10\> which will be retained on account. The cumulative amount retained shall
be disbursed to the LOCAL SPONSOR when the PROJECT is certified complete by the
LOCAL SPONSOR and DEPARTMENT staff. A final PROJECT certification inspection by
the DEPARTMENT staff shall be made not more than 60 days after the PROJECT has
been certified as complete by the LOCAL SPONSOR.
5. This LOCAL SPONSOR shall commence construction of the PROJECT on or
after execution of this Agreement, and shall complete the project on or before
September 1, 1993. The DEPARTMENT and the LOCAL SPONSOR agree that there shall
be no reimbursement of funds by the DEPARTMENT for any obligations or
expenditures for the PROJECT made prior to the commencement date of this PROJECT
except for sand search, beach monitoring, pre-construction environmental
monitoring, engineering, and the sea turtle monitoring made on or after June 1,
1987.
6. The LOCAL SPONSOR and the DEPARTMENT agree that they will make every
reasonable effort to insure the continued public ownership of those lands lying
upland of the PROJECT site and further agree to make every reasonable effort to
insure the maintenance of the public access and vehicular parking area lying
upland of the PROJECT site during the life of the PROJECT defined as 8 years.
7. The LOCAL SPONSOR agrees to provide to the DEPARTMENT a full
accounting of all PROJECT costs at PROJECT completion. Such accounting data
shall include actual cost of project construction and all cost expended for
mobilization, engineering and design, and supervision and administration. The
LOCAL SPONSOR agrees to present the accounting data in such a fashion as to
identify actual cost of eligible items as shown in Paragraph 2 of this Agreement.
8. The State of Florida's performance and obligation to pay under
this Agreement is contingent upon an annual appropriation by the Legislature.
9. No person, on the grounds of race, creed, color, national origin,
age, sex, or handicap, shall be excluded from participation in; be denied the
proceeds or benefits of; or be otherwise subjected to discrimination in
performance of this Agreement.
.
10. The LOCAL SPONSOR hereby insures that it has in force and shall
maintain in force throughout the PROJECT period insurance coverage, which most
nearly reflects the operation of the LOCAL SPONSOR, which is necessary for the
PROJECT, and which is appropriate and allowable pursuant to Florida statutes.
11. The LOCAL SPONSOR shall save and hold harmless and indemnify the
State of Florida against any and all liability, claims, judgements or cost of
whatsoever kind and nature for injury to, or death of any person or persons
and for loss or damage to any property resulting from the use, service,
operation or performance of work under the terms of this agreement, resulting
from the negligent acts of the LOCAL SPONSOR, his subcontractor, or any of the
employees, agents, or representatives of the LOCAL SPONSOR or subcontractor, to
the extent allowed by law.
12. The LOCAL SPONSOR shall seek to coordinate with the selected
contractor to prevent any and all damage to sovereignty lands seaward of the line
of mean high water, including animal, plant, or aquatic life thereon, resulting
from the mobilization, construction or demobilization activities related to the
PROJECT. Further, LOCAL SPONSOR shall take all available actions to obtain from
the contractor the expeditious restoration of such lands, or the animal, plant,
or aquatic life thereon, and/or the payment of damages for such damages.
13. This agreement may be canceled by either party, with or without
reason, by giving 30 days written notice to the other party. Said notice
shall be sufficient if delivered personally or by certified mail to the
address contained herein. In case of cancellation, only amounts accrued to
the date of cancellation shall be due and payable.
14. The LOCAL SPONSOR will permit the DEPARTMENT's staff to examine
all PROJECT record~ and grant them rights to audit any PROJECT books,
documents, and papers during the PROJECT and following completion of the
PROJECT. The LOCAL SPONSOR shall maintain the records, books, document, and
papers for at least three (3) years following completion of the PROJECT.
15. This Agreement may be canceled by the DEPARTMENT without prior
notice for refusal by the LOCAL SPONSOR to allow public access to all
documents, papers, letters, or other material subject to the provisions of
chapter 119, Florida Statutes, and made or received by the LOCAL SPONSOR in
conjunction with this Agreement.
16. William K. Whitfield, Environmental Specialist, or his successor is
hereby designated the DEPARTMENT's Contract Manager for the purpose of this
Agreement and shall be responsible for enforcing performance of the Agreement
terms and conditions and shall serve as a liaison with the LOCAL SPONSOR and
approve all invoices prior to payment.
17. The LOCAL SPONSOR will appoint a Liaison Officer to be responsible
for the implementation of the provisions of this Agreement.
18. Any and all notices shall be delivered to the parties at the
following address:
DEPARTMENT LOCAL SPONSOR
Department of Natural Resources City of Delray Beach
Division of Beaches and Shores Planning Department
Office of Beach Management 100 N.W. 1st Avenue
3900 Commonwealth Boulevard Delray Beach, Florida 33444
Tallahassee, Florida 32399
19. This Agreement has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this Agreement shall be interpreted in such a manner as to be
effective and valid under applicable law, but if any provision of this
Agreement shall be prohibited or invalid under applicable law, such provision
shall be ineffective to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provision of
this Agreement. Any action hereon or in connection herewith shall be brought
in Leon County, Florida.
20. The LOCAL SPONSOR shall, at a minimum, comply with monetary
limits for competitive acquisition of both materials and services and
documentation shall be maintained to justify any departure from this
requirements. Chapter 287, Florida Statutes, is expressly made a part of this
Agreement and is incorporated herein by reference as if fully set forth.
21. The provisions of Chapter 16B-36, Florida Administrative Code,
entitled Beach Erosion Control Assistance Program, Chapter 16A-l1, Florida
Administrative Code, entitled Grant and Contract Accountability Policy, are
expressly made a part of this Agreement and are incorporated herein by
reference as if fully set forth.
22. For this PROJECT, contractual services, labor, direct material
purchases, and stock material purchases, as specified in- Exhibit "A" , are
eligible for reimbursement.
23. Any inequities that may subsequently appear in this Agreement
shall be subject to negotiation upon written request of either party, and the
parties agree to negotiate in good faith as to any such inequities.
24. This Agreement represents the entire Agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions
of this Agreement shall only be valid when they have been reduced to writing
and signed by each of the parties hereto, and attached to the original of this
Agreement.
25. This Agreement shall be executed in duplicate, each copy of which
shall for all purposes be considered an original.
IN WITNESS WHEREOF, the parties have caused these present to be duly
executed, the day and year first above written.
LOCAL SPONSOR DEPARTMENT
By: By:
Chairman Executive Director's Signature
or his designee
Witness: Witness:
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~~ - MEETING OF MAY 14, 1991
STAFF RECOMMENDATION FOR WAIVER - MAYFAIR PLAZA
DATE: May 9, 1991
This item is before you to approve a staff recommendation for waiver
of the landscape requirements which provides for perimeter landscaping
along a right-of-way adjacent to Mayfair Plaza located at 885 S.E. 6th
Street,
During a routine review of a site plan modification request, several
undocumented site changes were noted, One of those changes included
the lack of a perimeter landscape strip along a portion of the
interior wall at the rear property line. However, as there is
sufficient vegetation on the outside of the wall and appropriate
screening is provided, staff is recommending that the landscape strip
requirement be waived.
Review by the Planning and Zoning Board or Site Plan Review and
Appearance Board is not required.
Recommend approval of a staff recommendation to waive the perimeter
landscape requirements for the Mayfair Plaza located at 885 S,E. 6th
Street.
("A."
a ~~~~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
~~ kG--J~ ~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MAY 14, 1991
WAIVER OF PERIMETER LANDSCAPE REQUIREMENT ADJACENT TO
RIGHT-OF-WAY (MAYFAIR PLAZA)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
qranting a waiver from provisions of Code Section
4.6.16(H) (3) (a) [Landscaping] .
The .request is associated with a non-impacting site plan
modification wherein an existing dumpster is to be relocated
from the "front" of the site to the rear. The development
is known as Mayfair Plaza and is located on Federal Highway
(885 SE 6th Street).
Per specific provisions of the Landscape Regulations
[4.6.16(C)(2)], only the City Commission may grant a waiver
in this instance.
BACKGROUND:
During routine review of site plan modification request, several
undocumented site changes have been noted. One is the lack of a
perimeter landscape strip along a portion of the interior of a
wall along the rear property line (which abuts the right-of-way
of SE 7th Avenue). However, on the outside of the wall there is
mature vegetation which provides appropriate screening. Thus,
there would be no effective buffer achieved by requiring the
landscape area.
It is possible to relocate the dumpster and to accommodate the
landscape strip. However, since there is no direct benefit from
requiring the strip, it is staff's recommendation that the waiver
be granted.
City Commission Documentation
Mayfair Plaza - Waiver
Page 2
PLANNING AND ZONING BOARD CONSIDERATION
There is no Planning and Zoning Board nor SPRAB review of this
type of item.
RECOMMENDED ACTION:
By motion, approval of the requested waiver.
Attachment:
* Site plan excerpts showing approved and existing conditions.
* Waiver request letter
DJK/#80/CCMAYF.TXT
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CITY COMMISSION
CITY OF DELRAY BEACH
100 NW 1.AVE.
DEL RAY BEACH, 33444
RE: MAYFAIR PLAZA
885 SE.6TH AVE
DELRAY BEACH, 33483
(ELI-BEHAR OWNER)
GENTLEMAN:
WE HEREBY REQUEST A WAIVER BE GRANTED FOR THE REQUIRMENT OF A
LANDSCAPE STRIP AT THE DUMPSTER LOCATION.WE SEEN RELIEF UNDER
SECTION 2.4.7(B)& WAIVER OF SECTION 4.6.16(3)(A). WAIVER TO THE
REQUIRMENT TO PROVIDE A 5FT. LANDSCAPE STRIP BETWEEN THE PARKING
AREA & ADJACENT RIGHT OF WAY.
,
!
WE REQUEST THE ABOVE WAIVERS TO RELOCATE THE EXISTING DUMPSTERS TO A
MORE BESMEABLE LOCATION.~HE LOCATION IN WICH THE DUMPSTER EXIST IS
HIGH UP VISIBLE FROM FEDERAL HIGHWAYJAND THE ACCESS ABILITY BY THE
- TENANTS & WEST MANAGEMENT IS POOR.
- -.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # l7' - MEETING OF MAY 14, 1991
INITIATION OF REZONING
DATE: Ma y 9, 1991
During the preparation of Comprehensive Plan Amendment 91-1, the Beach
Property Owner's Association questioned the appropriateness of the
Medium Density designation on property located at 1325 South Ocean
Boulevard. This property is under a court ordered stipulation which
restricts the number of allowable units on the site to five. However,
that stipulation does not necessarily run with the land nor is it
recorded. Therefore, in order to diminish the potential for future t
problems, staff has recommended that the City initiate a rezoning
petition which would change the designation to Low Density Residential
(RL) . The RL designation would provide for four units on this site.
Under current (RM) zoning this site could accommodate a maximum of
nine units.
The Planning and Zoning Board will not review this item until a formal ,
petition is initiated. A detailed staff report is attached as backup i
material for this item.
Recommend approval of the request for a City initiated petition to
rezone property located at 1325 South Ocean Boulevard (Rubin property) i
from Medium Density Residential (RM) to Low Density Residential (RL) .
i
...,.././
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
~~ \~~~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MAY 14, 1991
INITIATION OF REZONING - RUBIN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiatinq a rezoninq action. The change is from RM to RL.
The property is located at 1325 South Ocean Blvd.(A-1-A).
BACKGROUND:
Upon preparation of Amendment 91-1, the Beach Properties Owner's
Association queried as to the appropriateness of the Medium
Density (5-12 du/ac) designation on the property since there is a
stipulation that no more than 5 units may be built on it.
While that portion of the site upon which the density is
calculated is less than one acre and thus there may not be a
problem with the Future Land Use Map designation, nor the
existing zoning of RMi it is prudent to consider a rezoning to RL
in order to diminish the potential for future problems.
As stated previously, there is a court order stipulation on this
property. However, it does not necessarily run with the land nor
was it recorded (see City Attorney memo). Also, the property has
changed hands and is currently (per records) under the ownership
of a financial institution. By proceeding with RL zoning, it is
clear that the five units is a maximum unit count as opposed to
an interpretation that the zoning will accommodate a greater
number of units and previous arrangements are no longer in
effect.
Thus, this item could be viewed as a housekeeping matter. Since
it will be a City initiated rezoning, special notice must be
given to the owner of the property. This special notice is in
addition to normal notice requirements.
..
City Commission Documentation
Initiation of Rezoning - Rubin
Page 2
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board will not review this item until it
is set for public hearing before them.
RECOMMENDED ACTION:
By motion, initiate a rezoning of property known as the "Rubin
Annexation" from RM to RL zone districts.
Attachment:
* Location map
* Memo of April 8 from Allen to Ruby
* Memo of April 15 from Ruby to Allen
DJK/80/CCRUBIN.TXT
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 310 SL 1st STREET, SUITE 4 . DURAY BEACH, 1 LORIDA ~~4~~
".- \j
MEMORANDtlr.4243-7090 · TELECOPIER 407/27H-4755. - \\;.;;jL-
({ -
April 15, 1991 ~J \-1C\\ C
Date: '0 ,~~
... .1 '~'..
To: Jasmin Taylor, Planning Technician II L~Y'
. ( ?-.
)
From: Susan A. Ruby, Assistant City Attorney
Subject: Stipulation of Settlement - 1325 South Ocean
Boulevardi a/k/a Rubin Property
The Stipulation of Settlement Agreement indicates that the
Rubins or their successors, in interest, may apply for site
plan approval for a development of no more than five ( 5 )
dwelling units, each unit not to exceed thirty (30) feet in
height. Despite this provision, there is not the indicia
contained in the Stipulation of Settlement which would indicate
that it is a covenant running with the land. Also, this
particular Stipulation of Settlement was not recorded as a
covenant running with the land. While it is not absolutely
certain, it may be difficult to enforce the Stipulation of
Settlement Agreement against subsequent purchasers.
In light of the foregoing, the City may proceed as follows:
l. The City could decide not to rezone the land and seek to
enforce the Stipulation of Settlement. If the Stipulation
of Settlement was not upheld, the City could make the same
arguments it previously made, that because of the
transitional nature of the property, that no more than
five ( 5 ) units should be allowed in the RM zoning
district; or,
2. The City may rezone the property to RL. The rezoning to
RL would allow four ( 4 ) units per acre and we could deal
with the enforcement of the Stipulation at that time and
argue against the enforceability. This would then provide
a more assured scenario, because the rezoning would only
provide for four ( 4 ) units, and if we lost the Argument
against the enforceability of the Stipulation of
Settlement, at the very most the property could have no
more than five ( 5 ) units.
Please let me know if you need any further assistance regarding
~tter.
M E M 0 RAN DUM
TO: SUSAN RUBY, ASSISTANT CITY ATTORNEY
FROM: PLANNING AND ZONING DEPARTMENT
RE: PARCEL LOCATED AT 1325 SOUTH OCEAN BOULEVARD
AKA - RUBIN PROPERTY
DATE: APIRL 8, 1991
The Planning and Zoning Department has received a request to
review the appropriateness of the Land Use Designation and Zoning
for the "Rubin" property.
BACKGROUND
As you may recall, during the annexation proceedings this item
was quite controversial as the site provided a buffer between the
single family residential to the north and the multiple family
developments to the south.
* The parcel was annexed with the adoption of Ordinance #71-86
on November 25, 1986, subject to the RM (Medium Density
Dwelling District with a maximum of 6 units on the site
(copy attached).
* On September 8, 1987, the Land Use designation was changed
from MF-15 to MF-M.
* On October 1, 1987, per "Stipulation of Settlement" (copy
attached) development of the property was restricted to no
more than 5 dwelling units.
* The site is currently zoned RM (Medium Density) and
designated Medium Density 5-12 du/acre on the Land Use Plan.
ISSUES
1. The "Stipulation of Settlement" between Richard R. and Ann
Rubin and the City of Delray Beach, restricted development
to no more than 5 units. The 1990 tax rolls indicate that
the property is now owned by Meadowlands National Bank c/o
Akerman et ale
- What are the implications of enforcing the Stipulation
Settlement now that the property is under new
ownership?
.
. To: Susan Ruby, A: .stant City Attorney
Re: Parcel Located at 1325 South Ocean Boulevard
AKA - Rubin Property
March 25, 1991
Page 2
2. If the "Stipulation of Settlement" is no longer enforceable,
with respect to the restriction of the number of units does
the restriction per the Annexation Ordinance which is 6
units) then govern??
The site contains 0.83 acres (excluding land area seaward of
the erosion control line) and thus under current zoning
could accommodate a maximum of 9 units.
We may entertain rezoning the parcel to the RL
(Multiple Family - Low Density) to insure that no more than
5 units may be developed on the site.
If a rezoning to RL is pursued, we will need to first
dispose of a technical item with respect to allowable
density. Our calculations reveals 4.98 units could be
accommodated if the parcel was rezoned to RL. Per Sec.
4.3.4(1)(2) when a fraction exist in calculation density,
the unit count is rounded down. Thus, allowing 4 units.
Please review and comment on the issues identified above.
Note: We are not considering a Land Use Plan amendment as
the "Low Density" designation mandates a parcel size of one
acre in order to accommodate 5 units.
Thanks.
l~~ aA-
Jasmin Allen
Planner I
Attachments
c: David J. Kovacs
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tfJv1
SUBJECT: AGENDA ITEM # &f't - MEETING OF MAY 14 , 1991
RESOLUTION NO. 31-91
DATE: May 9, 1991
This is a Resolution assessing costs for abatement action required to
remove nuisances on 31 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. 31-91 assessing costs for abating
nuisances on 31 properties throughout the City.
,
I
I
RESOLUTION NO. 31-91
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
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances~ and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the 1and(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),
i
I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE I
I
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I
i
That assessments in the individual amounts as shown I
Section 1. I
by the report of the City Manager of the City of Delray Beach, involving i
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel (s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty ( 30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel (s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the Ci ty 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) con.tained
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 mai ling
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.
MAYOR
ATTEST:
City Clerk
- 2 - Res. No. 31-91
.
.
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOTS 1 TO 9 INC., BLK 85, WILLIAM C.WILLIAMS III TR $ 31.68
RESUB. OF BLK 85, DELRAY, 3112 VINCENT ROAD 16.68 (ADM. COST)
PB 1, P 3, PUBLIC RECORDS, WEST PALM BCH, FL. 33405 (RECORDING)
PALM BEACH COUNTY, FL.
(29 SE 2ND AVENUE)
LOT 2, BLK 85, TOWN OF DELRAY, WILLIAM C.WILLIAMS III TR $ 31.66
PB 1, P 3, PUBLIC RECORDS, 3112 VINCENT ROAD 16.66 (ADM. COST)
PALM BEACH COUNTY, FL. WEST PALM BCH, FL. 33405 (RECORDING)
(208 EAST ATLANTIC AVENUE)
LOT 3, BLK 85, TOWN OF DEL RAY , WILLIAM C.WILLIAMS III TR $ 31.66
PB 1, P 3, PUBLIC RECORDS, 3112 VINCENT ROAD 16.66 (ADM. COST)
PALM BEACH COUNTY, FL. WEST PALM BCH, FL. 33405 (RECORDING)
(212 EAST ATLANTIC AVENUE)
LOTS 1 & 2, BLK B, CARVER FRANK KING EST. $ 50.00
MEMORIAL PARK SUB., PB 20, 1027 LAKE FOREST BLVD. 50.00 (ADM. COST)
P 56, PUBLIC RECORDS, PALM JACKSONVILLE, FL. (RECORDING)
BEACH COUNTY, FL. 32208-2728
(NW 2ND ST. & NW 14TH AVE.)
LOT 5, BLK 122, WELLBROCK GRS PENSION TRUST INC. $100.00
SUB., PB 24, P 219, PUBLIC P.O. BOX 3141 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33447 (RECORDING)
(227 NE 7TH AVENUE)
LOT 5, BLK 122, WELLBROCK GRS PENSION TRUST INC. $ 50.00
SUB., PB 24, P 219, PUBLIC P.O. BOX 3141 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33447 (RECORDING)
(227 NE 7TH AVENUE)
LOT 5, BLK 122, WELLBROCK GRS PENSION TRUST INC. $ 22.00
SUB., PB 24, P 219, PUBLIC P.O. BOX 3141 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33447 (RECORDING)
(227 NE 7TH AVENUE)
LOT l6, BLK 6, ATLANTIC LILLIE B. COOPER $ 46.00
GARDENS, DELRAY, PB 14, P 63, 116 SW 11TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 (RECORDING)
COUNTY, FL.
(116 SW 11TH AVENUE)
N50' OF S356.4' OF E135' OF ADELINE JENKINS $ 60.00
BLK 24, TOWN OF DELRAY, PB 1, 245 SW 12TH AVENUE 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 (RECORDING)
BEACH COUNTY, FL.
(SW 5TH AVENUE)
-3- Res. No, 31-91
.
LOTS 13 & 14/LESS S20', BLK LISA M. WEBB $130.00
60 (OLD SCHOOL SQUARE HISTORIC 1561 S.CONGRESS AVE #187 70.00 (ADM. COST)
DISTRICT), TOWN OF DELRAY, DELRAY BEACH, FL. 33444 (RECORDING)
PB 1, P 3, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(WEST ATLANTIC AVENUE)
E100' OF N50' OF.BLK 18, TOWN JULIA SCADLOCK $ 40.00
OF DELRAY, PB 1, P 3, PUBLIC C/O LAWRENCE SCADLOCK 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 2621 BOWEN ROAD SE/#104 (RECORDING)
(NW 3RD STREET & NW 5TH AVE) WASHINGTON, DC 20020
E100' OF W200' OF N50' OF L.& VASSENIA WILLIAMS EST $ 40.00
BLK 18, TOWN OF DELRAY, PB 1, (H&W) 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM C/O GIBSON (RECORDING)
BEACH COUNTY, FL. 17 HOLLENCAMP AVENUE
(NW 3RD STREET & NW 6TH AVE) DAYTON, OH. 45427
LOT 4, BLK A, WEST SIDE STRAGHN ENTERPRISES OF $ 40.00
HEIGHTS, DELRAY, PB 13, P 61, DELRAY BEACH, INC. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 26 SW 5TH AVENUE (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33444
(NW 10TH AVENUE)
LOT 22, BLK 32, TOWN OF DELRAY, J.W. & MARGARET YOUNG $ 60.00
PB 6, P 97, PUBLIC RECORDS, (H&W) 70.00 (ADM. COST)
PALM BEACH COUNTY, FL. 317 SW 5TH AVENUE (RECORDING)
(SW 5TH AVENUE) DELRAY BEACH, FL. 33444
LOT 16, BLK 35, TOWN OF DELRAY, GRACE BARNETT $ 40.00
PB 1, P 3, PUBLIC RECORDS, 1401 39TH STREET 70.00 (ADM. COST)
PALM BEACH COUNTY, FL. WEST PALM BCH, FL. 33407 (RECORDING)
(NW 3RD AVENUE)
S50' OF N300' OF E135' OF O.C.STRACHAN $ 36.00
N 1/2 OF BLK 31, TOWN OF C/O R. STRACHAN 70.00 (ADM. COST)
DELRAY, PB l, P 3, PUBLIC 8841 NW 14TH AVENUE (RECORDING)
RECORDS, PALM BEACH COUNTY,FL. MIAMI, FL. 33147
(222 SW 4TH AVENUE)
LOTS 1 TO 9 INC., BLK 85, WILLIAM C.WILLIAMS III TR $ 90.00
RESUB. OF BLK 85, DELRAY, PB 1, 3112 VINCENT ROAD 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM WEST PALM BCH, FL. 33405 (RECORDING)
BEACH COUNTY, FL.
(29 SE 2ND AVENUE)
ESO' OF S135' OF BLK 3, TOWN ARIDEEN CLOSE $ 50.00
OF DELRAY, PB 1, P 3,. PUBLIC C/O BENJAMIN BALDWIN 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 1392 LAWRENCE ROAD (RECORDING)
(NW 7TH AVENUE & NW IST ST) DELRAY BEACH, FL. 33445
-4- Res. No. 3l-91
"
.
E37.3' OF W62.3' OF S93' OF HENRY R. DAVIS $ 40.00
BLK 11, TOWN OF DELRAY, PB 1, 135 NW 6TH AVENUE 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 (RECORDING)
BEACH COUNTY, FL.
(NW 7TH AVENUE & NW 1ST $T)
LOT 29, BLK B, TOURIST NOOK, DELVERNA C. RILEY $ 40.00
DELRAY, PB 11, P 47, PUBLIC 231 NW 8TH AVENUE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 (RECORDING)
(NW 8TH AVENUE)
LOT 28, BLK A, TOURIST NOOK, L.R. & JENNIFER E. $ 55.00
DELRAY, PB 11, P 47, PUBLIC STRAINGE (H&W) 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 5290 PINETREE DRIVE (RECORDING)
(NW 9TH AVENUE) DELRAY BEACH, FL. 33484
LOT 16, BLK A, TOURIST NOOK, VINCENT VILLAFANE $ 36.00
DELRAY, PB 11, P 47, PUBLIC MILAGROS VILLAFANE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 423 WILDER STREET (RECORDING)
(NW 10TH AVENUE & NW 2ND ST) WEST PALM BCH, FL. 33405
S14.36' OF LOT 1 & ALL OF DERRICK L. & $ 15.00
LOT 2, BLK A, WEST SIDE SHEILA CRUDUP (H&W) 35.00 (ADM. COST)
HEIGHTS, DELRAY, PB 13, P 61, 501 SW 8TH AVENUE (RECORDING)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444
COUNTY, FL.
(NW 10TH AVE & NW 2ND ST)
N50' OF LOT 1, BLK A, WEST DERRICK L. & $ 15.00
SIDE HEIGHTS, DELRAY, PB 13, SHEILA CRUDUP (H&W) 35.00 (ADM. COST)
P 61, PUBLIC RECORDS, PALM 501 SW 8TH AVENUE ( RECORDING)
BEACH COUNTY, FL. DELRAY BEACH, FL. 33444
(NW 10TH AVENUE & NW 2ND ST)
LOT 24, BLK 17, RESUB. OF JEAN C. DORISCA $ 40.00
BLK 17, DELRAY BEACH, PB 21, 342 NW 5TH AVENUE 70.00 (ADM. COST)
90, PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 (RECORDING)
COUNTY, FL.
(342 NW 5TH AVENUE)
LOT 10, BELLHAVEN UNIT A, OTIS WILLIAMS JR. $ 40.00
PB 26, P 104, PUBLIC RECORDS, 336 SW 11TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33444 (RECORDING)
(336 SW 11TH AVENUE)
LOT 19, BLK 2, ATLANTIC PARK J.D.& EARLINE MONROE $ 28.00
GARDENS, DELRAY PB 14, P 56, (H&W) 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 58 KENT STREET (RECORDING)
COUNTY, FL. HARTFORD, CT. 06112
(SW 13TH AVENUE)
-5- Res. No. 3l-9l
. .
.
SIS0' OF ESDI OF BLK 18/LESS H. & HAZEL CLEM $ 40.00
E20' RD R/W/ TOWN OF DELRAY, (H&W) 70.00 (ADM. COST)
PB 1, P 3, PUBLIC RECORDS, 3 SUMMER STREET (RECORDING)
PALM BEACH COUNTY, FL. NORWALK, CT. 06851
(NW 5TH AVENUE & NW 2ND ST)
S30' OF LOT 6, BLK 28, TOWN LEONARD DAVIS $ 36.00
OF DELRAY, PB 1,.P 3, PUBLIC C/O GENERAL DELIVERY 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. V.A. BRANCH P.O. (RECORDING)
(NW 5TH AVENUE) LOS ANGELES, CA. 90073
LOT 17, BLK 1, ATLANTIC PARK ELKANAH HEPBURN $ 40.00
GARDENS, DELRAY, PB 14, P 56, 1500 N. CONGRESS AVE. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH APT. #C9 (RECORDING)
COUNTY, FL. WEST PALM BCH, FL. 33401
(NW 13TH AVENUE)
LOT 5, BLK 122, WELLBROCK GRS PENSION TRUST INC. $ SO.OO
SUB., PB 24, P 219, PUBLIC P.O. BOX 3141 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33447 (RECORDING)
(227 NE 7TH AVENUE)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6- Res. No.31-9l
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF MAY 14, 1991
RESOLUTION NO. 34-91
DATE: May 9, 1991
This item is a Resolution assessing costs for abatement action
required to board up an unsafe building on property at
1026 S. Dixie Highway. The Resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $489.50 remains unpaid.
Recommend approval of Resolution No. 34-91 assessing costs for
boarding up an unsafe building at 1026 S. Dixie Highway.
..
RESOLUTION NO. 34-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON I
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING I
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of De1ray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
De1ray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs. per parcel of land involved; and,
WHEREAS, the City Commission of the City of De1ray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
"
'Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
, parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel (s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6 %) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30 ) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6 %, and collection costs including a li'easonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAY 0 R
ATTEST:
City Clerk
.
- 2 - Res. No. 34-91
.
~
NOTICE OF ASSESSMENT
Date
TO: Consultants Marketing, Inc. c/o Michael Friedburg, President
ADDRESS: 1026 S..Dixie Highway, Delray Beach, Fl 33444
RA Mr. Ira Marcus, 625 NE 3rd Avenue, Ft. Lauderdale, Fl 33304
PROPERTY: 1026 S. Dixie Highway, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lots 4 and 5, Block 4, Silver Terrace, according to Plat
Book 11, Page 61 of the Public Records of Palm Beach County, Fl
.
~ the above-
You, as the record owner,of, or holder of an interest in,
described property are hereby advised that a cost of $489.50 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1990, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 2-21-91
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an eme~gency basis by the City.
K You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
-- An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
. -
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 3-2-91
at a cost of i489 sn' which includes a ten percent (lOr.) administrative
fee. If you ail to pay this cost within thirty (30) days. that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-~escribed property.
Copy of all notices referred to in this notice are available in the
office of the B~ilding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
. .
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # - MEETING OF MAY 14, 1991
RESOLUTION NO. 35-91
DATE: May 9, 1991
This resolution amends Resolution 24-91 which reflected incorrect
assessment amounts for the abatement of nuisances on nine properties
within the City. The incorrect assessment amounts were a result of
clerical errors consisting of transposed numbers or incorrect
listings. Because of the voluminous amount of items processed under
this system, errors sometime occur. Additional, safeguard practices
are being put into place to prevent future occurrences.
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. 35-91 correcting the assessment
costs for action necessary to abate nuisances on nine properties
within the City.
.
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
RE: RESOLUTION #35-91 CORRECTING ASSESSMENT AMOUNTS FOR
ABATEMENT OF NUISANCES WITH RESOLUTION #24-91
DATE: MAY 9, 1991
The incorrect assessment amounts for nine properties sent to the
City Clerk's office which were recorded under Resolution #24-91
were a result of clerical errors. On the day the list was
developed, we had over 200 individual items to list, some of the
numbers were transposed or listed incorrectly.
Such errors are not common, there have been very few times when
we have had to correct liens in this manner. I have directed
staff to develop a more efficient way to proof such reports prior
to submitting the same to the City Clerk's Office.
cc: Richard Bauer
B:CEliens.LB/LB4
o.
I RESOLUTION NO. 35-91 i
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, AMENDING RESO-
LUTION NO. 24-91, CORRECTING COSTS OF CERTAIN NUISANCE
ABATEMENTS, 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 ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS.
WHEREAS, the City Commission of the City of Delray Beach,
passed Resolution No. 24-91 on April 9, 1991, wherein the properties on
the attached list were incorrectly assessed; and,
WHEREAS, the City Commission of the City of Delray Beach, seeks
to amend Resolution No. 24-91, to correct the amounts and assess costs
on the properties described in the attached list, as set forth in the
attachment; and,
WHEREAS, the City Commission of the City of Delray Beach,
does not wish to modify any other assessment contained in Resolution No.
24-91; and,
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
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner.(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of .Ordinances describing the nature of the nuisance (s) and.
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
., WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request.
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) d.id 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 py 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),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcells)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and 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 I
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
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 r.easonable 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 p.roceedings 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 puplic records of Palm
Beach County, Florida, and upon the date and time of recording of the
. - 2 - Res. No. 35-91
"
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
Section 6. That all assessments of properties not listed in the I
attachment hereto and as listed in Resolution No. 24-91 shall remain in !
full force and effect.
PASSED AND ADOPTED in regular session on this the day
of , 1991. I
I
,
MAY' 0 R i
i
ATTEST: I
City Clerk
!
" 35-91
- 3 - Res. No.
I
.
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOTS 17 TO 20 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 56 TO 58 INC., SUNSET MANUEL MOREDA $ 376.00
PARK, DELRAY, PB 12, P 65, MANUEL E. MOREDA 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH P.O. BOX 1953 ( RECORD ING)
COUNTY, FL DELRAY BEACH, FL 33447
(REIGLE AVENUE)
LOT 9 & N29.5' OF LOT 10 OF CURTIS L & MARY A. HANNA $ 42.00
N 1/2 OF BLK 38, TOWN OF 210 SW 3RD AVENUE (H&W) 70.00 (ADM. COST)
DELRAY, PB 11, P 54, PUBLIC DELRAY BEACH, FL 33444 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL
(304 SW 1ST STREET)
S 1/2 OF LOT l3 & 14, BLK 70 PAUL PIAZZOLLA JR. $ 58.00
(OLD SCHOOL SQUARE HISTORIC 3701 N DIXIE HIGHWAY 70.00 (ADM. COST)
DISTRICT), TOWN OF DELRAY, POMPANO BEACH, FL 33064 (RECORDING)
NOW KNOWN AS: SUNDY & CROMER
AMEND PL, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(130-132 SE 1ST AVENUE)
LOT 12, BLK 1, ODMANN'S SUB., MAR7H HAYES EST. $ 59.00
PB 4, P 53, PUBLIC RECORDS, C/O WILLIE R. GOODMAN JR 70.00 (ADM. COST)
PALM BEACH COUNTY, FL 123 GARFIELD AVENUE ( RECORDING)
(20 NW 13TH AVENUE) TRENTON, NJ 08609
LOT 19 (LESS I-95 R/W AS IN ORA MITCHELL $ 24.00
OR 2128 P 19116) BLK3, 42 SW 14TH AVENUE 70.00 (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 W~LSON $ 47.00
PB 27, P 55, PUBLIC RECORDS, (H&W) 70.00 (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) 70.00 (ADM. COST)
P 41, PUBLIC RECORDS, PALM 3825 ~ONE PINE ROAD (RECORD ING)
BEACH COUNTY, FL DELRAY BEACH, FL 33445
(SE. 12TH ROAD)
-tr Res. No. 35-9l
W50' OF S150' OF BLK 18, TOWN LONNIE & PHYLLIS DURHAM $ 40.00
OF DELRAY, PB 1, P 3, PUBLIC 521 NW 2ND STREET 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 (RECORDING)
(NW 6TH AVE & NW 2ND ST)
VIOLATION IS: SEC. 100.01 LAND TO B~ KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED .NUISANCE.
..
.
-.5_- Res. No. 35-91
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~ .
SUBJECT: AGENDA ITEM # ~ /( - MEETING OF MAY 14, 1991
RESOLUTION NO. 36-91/CONTRACT TO PURCHASE PROPERTY
DATE: May 9, 1991
This is a Resolution authorizing the City to purchase from the sellers
certain real property located at 521 N.W. 2nd Street and
incorporating and accepting the conditions and terms of the sales
contract.
This action formalizes the decision made at your April 23rd meeting to
accept an offer from Barnett Banks Trust Company to sell the City
property located at 521 N.W. 2nd Street in lieu of payment of certain
liens on the property which total $2,854.31. In addition to the
forgiveness of the liens, the City will pay $2,050 for the property,
$1,350 for back taxes, $200 for a title search, and $500 for a deed in
lieu of foreclosure. The Trustee will pay for documentary stamps on
the exchange. The out of pocket cost to the City is estimated at
$4,100. The appraised value of the property is $6,000. A closing
date of July 1 , 1991 has been set.
Recommend approval of Resolution No. 36-91 authorizing the purchase of
property located at 521 N.W. 2nd Street from Barnett Banks Trust
Company with funding from appropriations for in-fill housing and
accept the conditions and terms of the contract for sale.
,.
llTY DF DElAAY BEA[H
,:ITY ATTORNEY'S OFFICE ' I ~ ; . \. \\ :! i I . \ ; :,.
.
f1EMORANDUM
Date: May 8, 1991
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Contract for Sale and Purchase - Barnett Banks Trust
Company, N. A. , as Trustee for Mildred Beuthel - 521
N.W. 2nd Street, Delray Beach, Florida - Resolution
No. 36-91
The City Clerk, pursuant to City ordinance, has advertised a
notice of intent - Resolution No. 36-91 for the purchase of
property for the purpose of in-fill housing at the above-named
address.
Incorporated into the Resolution is a "faxed" copy of the
proposed Contract for Sale and Purchase between the Trustee and
the City. The terms of the sale are as follows:
l. The City shall pay $2,050.00 for the property.
2. The City Shall release the liens as shown in the
attached letter from the City Clerk's Office in the
approximate amount of $2,854.31.
3 . The City shall pay back taxes in the approximate
amount of $1,350.00.
4. The City will pay $200.00 for a title search.
5. The City will pay $500.00 for a deed in lieu of
foreclosure which will be then rebated to Security
Investment Corporation by the Trustee.
6. The Trustee will pay documentary stamps on the
exchange.
7. The closing is to be held on July 1, 1991.
Approval of Resolution No. 36-91 shall constitute approval of
the contract for sale and purchase.
City Commission
May 8, 1991
Page 2
Please do not hesitate to contact our office if you have any
ques~ons regrading this matter.
~-~jPv
SAR~sh
Attachments
cc: David Harden, .City Manager
Alison MacGregor Harty, City Clerk
[ITY DFDELRAY BEA[H
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243- 7000
M E MaR AND U M
. tA MAY 7 r,c.;
,
Date: Ma y 7, 1991
To: Susan A. Ruby, Assistant City Attorney
From: Sue Morrison, Staff Asst. to City Clerk
Subject: outstanding Liens on Property located at
521 N. W. 2nd Street (Offer from Barnett
Bank Trust Company)
Re your memo of April 15, 1991, please be advised of the following
liens recorded against the above described property known as W50'
of SISO' of Block 18, Town of Delray. Interest has been figured
through May l5, 1991 with per diem amounts noted:
Water Lien recorded l/26/89 521.24 (no int.)
Abandoned Vehicle Res. No. 2-89 130.00 (.02)
Un&afe Building Res. No. 25-89 1986.25 (.32)
Nuisance Abatement Res. No. 8-9l l06.82 (.02)
$2744.3l
There is also $llO.aO owing for Nuisance Abatement which is scheduled
to go before the Commission by resolution on May 14, 1991.
If you need further information regarding this matter, please feel
free to call me.
THE Er=;::Q;::.-;-AL\-' iJ! ,..', - ,> ::-,S
=
-=
RESOLUTION NO. 36-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM THE SELLERS CERTAIN REAL PROPERTY IN
THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED
WITHIN BLOCK 18 OF THE TOWN OF LINTON, CITY OF
DELRAY BEACH, FLORIDA, AND WHOSE STREET ADDRESS IS
521 N.W. 2ND STREET, HEREBY INCORPORATING AND
ACCEPTING THE CONDITIONS AND TERMS OF THE CONTRACT
FOR SALE AND PURCHASE BETWEEN . THE SELLERS AND THE
CITY OF DELRAY BEACH, FLORIDA"
WHEREAS, the City of Delray Beach, Florida, wishes to acquire
certain property within Block 18 of the Town of Linton within the City
of Delray Beach for purposes of providing for in-fill housing; and
WHEREAS, the Seller hereinafter named desires to sell the
property hereinafter described to the City of Delray Beach. Florida; and
WHEREAS. the City Commission of the City of Delray Beach.
Florida. hereby approves the contract for Sale and Purchase concerning
acquisition of this site; and
WHEREAS , it is in the best interest of the City of Delray
Beach, Florida. to purchase said property for the purpose described
above.
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF THF
CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
Section 1- That the City Commission of the Ci ty of Delray
Beach, Florida, as Buyer, hereby agrees to enter into a Contract for
Sale and Purchase with Barnett Banks Trust Company. N.A.. as Trustee for
Mildred Beuthel for the purchase of a parcel of land. for the purchase
price of Two Thousand Fifty Dollars ($.2,050.00) . plus other good and
valuable consideration consisting of payment for a title search. back
taxes and reimbursement of Five Hundred Dollars ($500.00) for a deed in
lieu of foreclosure that the Seller will remit to Security Investment
Corporation. and forgiveness of certain City liens; said parcel being
more particularly described as follows:
West 50 feet of the Southl50 feet of Block 18. Town of
Linton. according to Plat Book 1. Page 3 of the Official
Records of Palm Beach County, Florida.
Section 2. That the costs of ciosing the transactions shall
be borne by the City of Delray Beach, Florida. except that Seller shall
pay for documentary stamps.
Section 3. That the terms and conditions contained in the
aforementioned contract for Sale and Purchase and addendum thereto
between the City of Delray Beach. Florida, and the Seller as hereinabove
named. is incorporated herein.
PASSED AND ADOPTED in regular session on the - day of
I . 1991-
I
I
I MAYOR
I ATTEST:
I City cle.rk
I
I
. I
I
i
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.01 1',0, Box 2004, WintH w'b ...i],_~~'2.)~?Q.Q!, _. ..... _._. ___._. ._...'''.;.0. I,07-6/.i::.~.i21
and tJ1ty or DelrllY Ileachl-I!~____._.._P" .. .. ._._____._. -_ ' s.","
01 310 S, E, llH S t res c, Sui t ~ .'i._.Q..~1-_!:-!:!..l).~~.:,:J! 1-1:1,. )l~~j. __._.__ ..__..___ .___IP'=" 407 -2 43-' 090
herqb,. C1-:lfe'lh.'lllh4 ,'5~1"'" ~h~'1 ~I,)II :'.'J 8ll','"'' 11"..\:' 1;1,0',' I~... ",;'(.. .,~ ~': ;'1::',"', \'C:.>~: p.:,;r;.'. I',~'I..:I'" ',',1 :~":"''l,' (.!::.:.:':........,:I, i :.~,..'l~!"rt...~I, "tOtl'-II:"", upcn '''' ':11:
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- --~--~- . .--'---
IUI .SI'OOI,\d\lro~~.r.dY.ti",o'II~P'("Wlyi; ;'21 !l,W. 2nd Streot. Delrny Beach. FL
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THIS IS INTENDED TO BE A L.EOAL.L.Y BIND/NO CONTRACT,
IF NOT FULLY UtltJl!f\$TOOO, SeeK THe AOVlce OF AN ATTORN!!Y PRIOR TO SIGNII~O.
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.\TTOt=l.NE't. FEES: COSTS: 1'; itr.y p'.l.l~,\i(,:"\ l~i_\i:\(~ ,':'\;1 :Il";~ < "I'~:r!l.':-" \,., \ '~~i,,;" V i),\rl~ if'liJ;1 vc 1i':1:,:':.."j to.] I"C-':'~'rr r.::.~tl:1at'1W ,: . ....!'t"' \~(l~, !\!'\d cOSt~ .. '. ..
'AII.~RE OF PERFOI<MANCE:" B,:..~r I.,IS '0 r.."o'O lr"f ,:c,.t,~",. I.'''''' lI"'~ ';m. ,,-:~,I,.~ (,w)'. -; ;u)"'(-'.' c' .1.. .)"00"'.", II'. ,0C0>1II" pi" by e",ol moy b. rolalneO
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CO/lTR4CT NOT RECOROABll; PERSONS BOU~~O; NOTICE. rl, "ct' \".5 (.,101"", ,',r lOV ,.)I'C. " ,I ;M" O. 'CeO'""O il! .",y pt.~,i,; 10OO!tlI. 1"1. Conllact a""ll bind and
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1"," a't,.,rne,' f~f ur1'l1:~V~'i it ':11: btr A' ..I!(;ctrv#l IlIi 11 Cf'lf'!t' by r)( to thUI ~,~ I
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OTHER ACiI'lHllltllT$' No C,(" "" _",_I Il\i,c.monl. or ,.",.,'.;OIl"Cn. .1'"'' Of b".ii"" "pon a."" 01 $r..Ii.. .J;,"'SI .nc,.:.d 111 Ih'" CO"I,.cl. NO mCdif,O'rIon gt'..n..ng..m
,(('"'''01 ,N<" bo ,,'i~ c,. bor~'''" If;:n Ihe g~"'" '.I1"l''' '" "(("11'-.; .ru t,,,,ou"d \:v thO P."I ^/ ~.rrto. ".,.."<l.d l','l' troulKl Oy " . . - .
W~~~"NTIU' ~'.' ".".",. '''''' ro.'o .,. ,.., 'rd- >,,',"'0 '-' ~.I'er m,,:.dJ<Y n.h.. ''''ll,nl v~". ,I ,'.C n.a' or:'~".' ,,:.cn MO ""I relld"Y O~I.'vlblt by Ilvy.~
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AdJe:<duOl ",\"
l. Buyer will forgive and remove all liens against ~hij property by City of Delray
Beach in the approximate amount of $2,600.00.
2. Buyer will assume all tax liens in the approximate amount of $1,350.00.
3. Buyer will pay for a title search in the approximate smount of $200.00.
4. Buyer will pay $500.00 for a deed 1n lieu of foree109ur~' fro~ Security and
lnve'tment Corporation. I
5. Buyer will provide, at Buyer's expense, a Trustee's Deed for the signature of
Elizabeth A. Pitterton, Senior Vice Pre,ident, from Barnltt BlIuks Trust Company, N.;
as Trustee for Mildred Beuthsl.
6. Seller will pay documentary stamp tax on the deed 1n the approximate amount
of $130.00, as municipalities are forbidden by state statutes to pay the tax.
~. ::.~;.~: ~\JI.~4 P.04
". r,.""
Addendum "B"
,\[)()I:HllUI{ TO S.2.!~T.2!..:\r.'t:....~gR ;,~~~~
Xl: ~;I'I;C1AL c;t.AU:;C;S
^. nlnrJcr D~p(1..ttl
Up () n ex 0 c UC ton u y c r ~ n cl ;; a 1 I c r 0 ( ,1 C C''' t r ~ c t .; r " \oJ I' b'l a II call s e U
~(~ I r ~ (\ 1 (! H.:l tell r 0 (\ s t 1\ e pro cur t Ill! C a use 0 C S III (! I (; her e s hall II can
~\ tmmedlate raml a ce to Uarnett Danks Trust Company, ",^.. of the Cull
omOunt oC the blnd cJepo:;lt reee lVlld Cor tlie cr.lnsactlon.
The htnder m~~ ~~p.'ny COIHr~ct \.<han subl1llttccl to Sellar, bJ1Jnce of
cJap05lc to tOl: lo rarcont o[ pun:h"iC price to be pald to Seller \d~h
Cull CxeCut 1 0 he cone r'Jet.
n,
raid unless thts tralisQctlol; ls complated
o [ the con t r.1 c t, Ii 0 r ~ h;d 1 (0 rf a 1 t C! d l> 1 n d c r
[9~ any LJ rot~e \.,
( 2 ) s t 1 p u 1 ,1 t c d II C t' C in!: 1. J l 1 b e p J 1 cJ t 0 III a
,.pOII closlnl: ot lhls tr:\r,~lIr,tl()I'.
C. Illr.c\',illlcr:
llarnett....lini;\\l; TruH CQlnr,111,'S ~t;lI"JHd (Qfm or Dl~c\~l'n~r ...lrl1 rcsrcct
to CVIIClll.:t or lrHcrC,H IIIVol: Go eXCC\ILCU by Ouyer sll1lulL,1naovsly \.il,h
r,1[;1l11lU Q( contoct,
0, C:('II1V-".)':1.!1~~~ ./
:icllcr ,9",'11 conv,~y I:lLl,: IJ:< ~"-''''T1''{-1t~.l'rc~cC\to.\.'""\.v~.,s/Dccd/T'.''H,'1(!'~
lJu I: III Srn:-e.{"".l-~I.\ r W Il.t.-1\-Uc..:-:J /-'. ",14',H lI4' ' :;-Vo.nu ,
, lCI(
1;:, ~JrilCC or Tltla/Tltlc 111~!:Ir''''5~ r..v'l^"
::i c ~ ll: r "111, n t l ts 0 P tl 0 f1 ~ ,\ cJ ;) '.; i~ 0 l< pc n ~ c, C \l r r\ l s h II no'. lie c '~ c l cl c
tn:ur.,nca floltc~ to che l)uy,)r COl1tiltnlllg tile "Cill1dur<.l a.~'ep~\()n: [,I
roue" plJllcte~, rr "n .1bstr,lCC ot' :1:.lo.
I' . 1\ c" 1 ,I, r c 1" ~ 0 11 ~ I r r,~ pc,':. / :.
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expense oC trentmal1t ,1"t1/Qr r,~p~lrl"g exlscLng d:1mJ!;.c [\'0'0 lnl'cst.:ltlon
in tho lilljl\'O\lCI:\C11 tf. [" l\lilltccJ to i\ Il1l1xlmum o( .~)OO.OO lie Scll.;r's optlOI'.
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od b" " JlV rcho.sa I1IQl1cy illO r tGnga I the re sh", 1 \.llJ
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Thls COI\~rlll;\. l~ S\l\)JQC~ to Ctn.l1 npprO\lllt.oC the ir.ust ComlllLtt.cc or
Dnrnact Danks Trv,t CompJny, N. ^. I nnd approv~l oC Probaca C('IU~t of
Jurl~ulcr.{on.
'J\J)'ur U;\tc Sellllr Ua\:u
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II AdJe ;1,1 tlt;i "ell
Barnett Banks Trust Ccrr:;:;ar./. r, ;.
RE. 52l N.\.i. 2nd Street, Ddray Beach. FL
Gentlemen:
The undersiQned is purc'~aSlng ~rorn you as fiduciary, 1M prOP911y descflbed above which
is held by you in 8 fiduciary aCCGl..nl The pl;rpose of this '~ller '5 \0 assure you (hallhere dOes
not exisl anyre1alionS/llP "NhICI~ C:. ;1,'; 'e5'Jllln a conflict 01 interest oeC8'Jse the property described
abolle [S sold by your bank frolT' a rjuclar, a~counl to 1M underSigned. Ful1hermore. li~is wdl
assure you that there ,s no ,nl"re,1 'j~ ccnro?ch:n bel":een the purchaser pi the properly ano
your bank thaI might aHeCllhe oesl jujgmen: 0: :;:::ur bank In selling the prop~l1y to the purChase.
,;
,
This Will acknowledoe 11131 Ihe .~nje's.;;;r.'JcI :,,,; revi(lv,i?j W.e inlormation c...., the cack 01 t~"S
lettor O"O( to exeCUli"O il
Very truly yOUI S. .'
_._------~- '- --~- -
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i_MiO APPRAISAL REPORT
Bo"owor LONNIE & PHYLLIS DURHAM ''":Cf1S'rS T',l(' 69.0l .,." Oolo,onco _~~4 317
P,unor!, AdOress --.-.22LrL...J.L...... 2 N D STR E ET ------- ----------.-- --...--.--.---
. Cd, ~J,.RALJ1EACH Co<<"" P-AL!:L6fu\..GtL____ i."o fLORIP,L Z,p Code 33444 _~_.
-- ---
Leg.' Om"Ol<on \{,-2Q_'-DL.s.._l~...B~ 18. _Im"::~_QFDELRAY (\-3) ----,--
Sale p"u, S .___ _. un. .__N/~Dale of Sa.le _____ loan ToS'rm _ _ Irs P'er."'. q"v"s t.~ ;-I,I,sed Cl! Ff'~ 0 l<',lSCrlO!(] 0 De Mjfllr."~ PUL'
Act,,~1 nl.:ill ESlalP- Tttaes S ~Q6-1...8.9.L (yr) Loan charges ta I:!P p~la!':l1" ,~II~' ~ ____';;JA_ C'r-", ,itleS :::."u'ss,ans _j"'iI!L~_______ ---~ -
. lnO<l",C'nnl __MRtiETLBJ\l:lK TRUST DEEARJtlENL___~ '.::,.ssP. Q:. BOX 200.4._jHNIER .I'ARK, fLQF IDA ul2LC20_
0" .p.n. N.ONE ._ ___ App..,.o, \{.E.DUEE'f_. SRA_ I, ')lfUC~'{)' ~ 10 Apr',1Sl.:' B>IC3/ 31 L88_' ----~._---- ------~
LOC~',rlf' DUrban [] S'lr, Iro~" Onl,r31 G--."h1 ....,:;
0",:1 ur DOver 75C1fa [] 25~'" 10 iSj,~ o Undel 25~'" ["';i''Jrme'"l S',,0111l. 0 LX] C ----
G'owtl"l Rale o Fdlly De... o Oap'o o S'e.1<l , [] Stow ::or.e'""Ct"ce 10 Er'lplo)'~Y'('" 0 UJ 0 i.........i
P'ODerly'/alues o IncreaSing ~Slilole o Declining ,:;)",("-"'~"ce 10 Sr'OCPlng [Xl [X] 0 '-"
Demand Supply o ShOrlage [] In B,llance o Oyer SuOply ''::0("'.('" p"ce 10 SC/lOQIS [X] [Xl 0 [J
. MiHlo.ellng Time o Under J Mas [] 4.6 Mas o O..er 6 Mos '\deq",l., 01 PuOllC Tlans~()rid!oon 0 [Xl 0 0
e Prcsent Land Use ...5..01o! F3mdy ~ 2-4 Family -2'DAP15 o'Q CondO -10/, Commerc'al Recreat ,:,nal Fae>lllleS 0 [Xl 0 0
. _% ,r>duSlnal .-1;;' Vacanl -" ~~-_.. AOeQua::! 01 UtolillE:S 0 [Xl 0 0
--~-'-'
. C/lange ,n Present Land Use [] No' likely OLII.C1'y I'! o Ta.lng Place I') Proper I f Compallblllly 0 [Xl 0 0
.. (') From TO PrOlectan Irom Delrlmental Cona'llens 0 [Xl 0 0
PredomInant Occupancy [] Owner o Tena,! --=2- 0,0 Vacanl POlice a"1(J Fire Protecllon 0 [Xl 0 0
Single Family Pnce Range I 20.000 10 s ~;l_ Predomlnanl Value S 50,000 Genera; Appearance 01 Properlles 0 [Xl 0 0
Single Fam!ly Age ')y,. 10 --6.Q.y" Preuomlnant Age 4D-,rs Appeal !Q Mar_et 0 [Xl 0 0
Commenls Including Ihose faClors, favorable or unfavorable. affecting marketability (I,g pUblIC parks. schools ~Iew nOise) THE ECONOMIC IMPACT OF THIS
NEIGHBORHOOD IS BOUNDED BY 1-95 & SWINTON AVENUE & FROM LAKE IDA ROAD TO LOWSON BLVD" MOST
MAJOR CONVENIENCES ARE NEARBY. MOST H()~lES ARE Ol.DER, SMALL IN SIZE & OF AVERAGE OUALITY
CONSTRUCTION. . NO CHANGES IN THE Er:GNmnC BASE IS EXPECTED.
DImenSIons SO X 150 7.500 +/- Sq Fl or Acrtr- (XJ Corner Lol
Zoning classlllcalion RIA (S.F.RESID-DELRAY BEACH) Pr...nl improvements 000 o do not conform 10 zoning regulations
Highet' and betl ute" o Present uti I]JOt.er Ispec,',} lllP.RQVED WITH SINGLE FAMILY RESIDENCES
Public Olher IDescflbe} OFF SITE IMPROvEMENTS Topo LEVEL SITE
flee [J Streer Access [XJ PubliC o Private Size TYPICAL OF AREA
Ga. 0 Surf.ce ASPHALT Shape RECTANGULAR -_.~--
Waler [J Maintenance CXI PubliC o Private View CORNER/RESIDEN~IAL
San Sewer [3 o Storm Sewer o Curb/Gutler Orl,nlgIAPPEARS ADEQUAtEIZONE C. 125102-04C
o Underground Elecl & Tel o Sldewallc [] Slreet LIQhts I. tho ",_rly Iocl'ed In I HUD I~nllllod llpocll' Flood Hazlrd A..I? [X) No 0.,..
Comments (favorable or unfavorable Including any apparenlldverse edsements. encroachments 01 other adverse conditions) NO ADVERSE EASEMENTS OR
ENCROACHMENTS NOTED. MINOR VIOLATIONS, IF ANY. BY MOVABLE OR EASILY REPLACEABLE ITEMS ARE NOT
DETRIMENTAL TO VALUE. SUBJECT TO SURVEY.
The underSIgned has reClled lhree recent sales'ol propenles moSI Slm.lar d"d prO,umale '0 sublect and has conSidered lhese In the mar_el analYSIS T~e deSCription !ncludes a dollar
<H1Iustmen, rr!f1ecllng markel rellCllon 10 those llems 01 SIl]nI1Ican! '.arl":IOn (lel~een Ihp. sublect and comp~rable prOperTieS II a slgnlltCanlllem In Ihe comparable property IS superlO' 10
or more laYorable l/llln. the Suh)eCI property a rrHntlS (-) adrustfT'enl ''i rntllle ,....us redUCing the IndIcated ..alue 01 suDjecl II a slgnlllcanl Ilem In the comparable IS Inlerlor to or less
lilvorahlp' th"" !/le Subject property 11 pillS /,) adluSlmentlS m;H1'" ''',,$ tnC'easl"g the Ir"ldlcaled yalue oll"e Sut'lJcCl
-----~~--_._.__._- ---.-- -.----- .-
ITEM S' ,blecl Properly C)~.H"''''RA8l t NO , COMPARABLE NO 2 COMPAAABL E NO 3
.---..---- -- -------- -----
Address VI.SO'Or
OF BLK ~_. ---
PrQxlml' 10 Sub
Sates ~!~~__
-
PARK -3000
I -
I -.-.-
I , -
0-
I + 5.Q.Q_
I , -
---+- ---r-
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Sales or FlnanclnQ NONE I P . ~Ul. , -1000
Concessions ! ,
,
Nel Ad Tolal 3 500
IndIcated Valu,e
at 5ublect
Comments on Markel Oal~ ~ IN THE PAST 1.5 YEARS TlIERE HAVE NOT BEEN ANY SALES OF VERY SHIILAR
PROPERTIES . THE ABOVE 3 SALES ARE THE hOST RECENT & BEST AVAILABLE. -----
CommenlS and Condlllons of AppraIsal PRIOR SALES HISIQBY: SUBJECT--$ 15.000 IN 1/79: COi'IL1--NONE REPORTED;___
. emlP 2--NQNE REPORTED: eO}!p 3--l".1~.RL.Q{.~A..llULTI ::WLJ'.URD:iASL.____ ___..._ ____
- .--- ---~-
---_. ------- ---------.----..- ._-------~---- ------- .-
Final RecOI"ICJhahon IN THE APPRAISAL OF INDIVIDUAL SINGLE FA~IILY LOT~, ONLY THE i'IARKET DATA APPROACIL__.
IS THE APPROPRIATE METHOD OF VALUATION. ----~
- ._____ '9 ~ 10 00 I ..(!!f: ~"J
I ESTIMATE THE MARKET VALUE. AS DEfiNED. OF SUBJECT PROPERTY AS OF NOVHIBER 1
APP..'.orISl~..C'~h~_. n~y'eW' Appraise' (II ilppt,CitblO?I " -----~_.-._-- --
o Old 0010 Not PhYSically Inspect Property
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PHOTOGRAPH ADDENDUM
llorro"er/Chenl ~.._-1-~~r:. ...~a '~____ .____.__ _. ._.___ .__ ... .._____.
Properly AddrOSl 521_Jh.\:I~2n.<1.~~..r:~~t_ ... .. m. _ _ __ .. . . ..__.__ _.. .u.__ ..
Clly Delrav Beach Counly J:~.!J!)_13~ac_h.__.__ S~~le_fLQriJ1.d._ ?!E.9>~~.3.J~_~__.__
.L,,-""" Barnett Bank ._____ __ ._...__._.___ _...___. _._..___._.
FRONT OF
SUBJECT PROPERTY
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REAR OF
SUBJECT PROPERTY
-
STREET SCENE
D ADDITIONAL PHOTOGRAPHS ON REVERSE SIDE
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I.h I es 5 D"'"'''' 50 st,,," in th" """', U. ,,' ,-, of "",,""JS ""lOr>' I, ,.., \cO "'" if "'" rot '"
present on the pfOD"rty, \o/as not ctJserJed by the i'pprai ser. The r.ppraiser has no klU,le<!ge of the e~i$tenCe
of such rreterial on or in tre pfOD"rty. The rwra i ser, no.-.ever, is not qua I i f i ed to detect such substances.
11-. p""""" of 50'''' "",es s<<h " "",sto, , "roo - f 0"," I deh"" f "'" ; OS" I ,ti "', " otter """,ti, 1I , '"" "',"
~ I "'" ,ffeet the 0'" lit, of the 0_" Y . n." I '" es ti"" lo is 0"""""" '" "'" """"ti '" "" t
t: ; no such rreterial on or in the pJ"OP?rty tI\ilt \.uuld CilUse a loss In value. NO responsibility is
os"',,''' 'or '"' ",," """" tf'" or foe '"' "",rt' su or "'J' oee""! ',....1_ """ "'" "' di so,"," thOt.
1,tle client is UrgeJ to retain an ex()?rt in this field, if desired,
\);thO /p/JO '\1'1''"11''''') ;t#I~/"c?~~
Fr.~1\11"" M_C:; F..n."'" ,...,..
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~;tf
SUBJECT: AGENDA ITEM # r 1- - MEETING OF MAY 14, 1991
AUTHORIZATION TO FILE APPEALS TO THE 4TH DISTRICT COURT OF
APPEAL
DATE: May 9, 1991
The Circuit Court issued orders awarding attorney/s fees to the
Defendants Purvin Industries and Lawrence and John Razete in the City
of Delray Beach v. Aero-Dri case. The City has been ordered to pay
those fees which amount to $204,167. As it is financially
advantageous for us to appeal these orders, this item is before you
for authorization to proceed.
Recommend the City Attorney be authorized to file appeals with the 4th
District Court of Appeal regarding Circuit Court orders which award
attorney/s fees to the Defendants in the Aero-Dri case.
.
CITY ~T~~?~EY'S OFFICE TEL No. 407 278 4755 May 10,91 2:31 P.02
-
\,
'.
[ITY DF DELRA' BEA[H-
_ .',.' ..r,. c, ~
",.,,;II'f"".
." -.,....". ,...
CITY ATTORNEY'S OFFICE 310 S.E. ht STRl:.t.T, suIrE 4 . DELRAY BEACl1. H ORIDA ~34&3
401/243-7090. TELECOPltR 407/27il4755
MEMORANDUM
Date: May 9, 1991
To: City Commission
F j'om : Jeffrey S. Kurtz, City Attorney
Subject: Direction Regarding Appeals
The city Attorney's Office is hereby requesting authorization
to file appeals with the Fourth District Court of Appeal
regarding the Circuit Court's Orders awarding attorney's fees
to Defendants Purvin Industries and Lawrence and John Razete in
the City of Delray Beach v. Aero-Dri case.
,
I
Should you have any questions, please do not heait~Le t.o
contact the City Attorn~y'8 Office.
JSK: jw
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER871
SUBJECT: AGENDA ITEM # 8 tv\. - MEETING OF MAY 14, 1991
AWARD OF BIDS AND CONTRACTS
DATE: May 9, 1991
This item is before you to award the following bids and contracts:
1. Improvements to the North Water Storage and Pump Station -
Environmental Services - Elkins Constructors, Inc. in the amount
of $806,000 with funding in the amount of $705,500 from Water
and Sewer Repair and Replacement (Account No.
441-5178-536-64. 11/balance $725,500) and in the amount of
$100,500 from 1984 Water and Sewer Revenue Bond (Account No.
441-5162-536-60.93jbalance $140,514).
2. Repair of Motor and Pumps - 20 Series Wellfield - Water
Resources (sole source) - in the amount of $10,332 with funding
from Water and SewerjWTP Repair and Upkeep Equipment (Account No.
441-5122-536-33.32). Account balance $48,461.
3. Housing Rehabilitation program- 240 N.W. 9th Avenue- MSL
Construction, Inc. in the amount of $10,846.50 and 305 S.W. 12th
Avenue - Abissett Corp. in the amount of $12,594.75 with funding
from Housing Rehabilitation (Account No. 118-1963-554-60.23).
Account balance $131,173.62. It should be noted that Abissett
Corp. is the second low bidder.
Recommend approval of the above bids and awards with funding as
indicated.
I .,
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Agenda Item No. :
AGENDA REQUEST
Date: May 2. 1991
Request to be placed on:'
xxxx Regular Agenda Special Agenda Workshop Agenda
When: Mav 14. 1991
Description of agenda item (who, what, where, how much): Staff request approval
of rhe Improvements to the North Water Storage and Pump Station's lowest responsive
bid to Elkins Constructors. Inc. in the amount of $806,000.00. Proiect #90-22. bid #91-41.
Improvements to include: Stora~e Tank Restoration and Building Renovation. to match City
B~ll Fvrerior ImprovementR and additibn~. Fundin~ Account R&R 441-~178-~36-64.11 for
$725,500.00; and 84 Bond 441-5162-536-60.93 for $140.500.00.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval to Elkins Constructors, Inc. in the amount of
$806.000.00 for the North Water Storage and Pump Station Improvements.
...
.'.-..... ---
_.._._-
Department Head Signature: $~Lfl.~__ ~LJ S-~/f I
Determination of Consistency with Comprehensive Plan:
"f'
City Attorney Review/ Recommendation (if applicable):
Budget Director Rev~ew ~ired on all ite.s involving expenditure
of funds) t}. 4'f' e<<./~.5; I' 1'/
Fun ing available: ~ NO
Funding alternative . (if applicable)
Account No. & Description: tOMS r - N(._,,,~fi,-, t'/;t.;; f
Account Balance: /q J' Aj w/S
.it' '1J.//- !;/t.;2-53t- t{). 93
City Manager Review: ~~J!, 11 / if D 5 i 't
, Approved for agenda: @/ NOtJ7l) tfJ./t- 51'1 't. 5" 3' -'~. I(
~ ,
.~,.
... Hold Until:
DAL -72S:\ r;;cD
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden
City Manager
THRU: William H. Greenwood dI-1Jr s~f,f
Director of Environmental Services
FROM: George Abou-Jaoude
Dep. Dir. of Environmental Services/Projects
SUBJECT: NORTH PLANT RENOVATION
AGENDA REQUEST
PROJECT # 90-22
DATE: May 2, 1991
I have attached an Agenda Request in reference to the above
project for your review and approval.
* SCOPE OF WORK
The Work of this Project consists of furnishing all labor,
materials, equipment, tools, transportation, services and
incidentals and of performing all Work necessary for the
project which generally consists of the following:
Water Storaqe Tank: Interior and exterior structural
repairs and coating; demolition of existing structural
frame members for overhead crane and repair concrete
deck; remove existing equipment on top of tank and
patch remaining holes with concrete; and seed and mulch
areas around tank disturbed during construction.
North Buildinq (located on top of the water storage
tank) : Add a new wood truss system with barrel tile
roof with gutters and downspouts; replacement of
existing louvers and doors; architectural treatment of
building exterior; addition of two exhaust fans;
addition of exterior lighting; replacement of interior
lighting; and exterior painting.
South Building (located on top of the water storage
tank) : Demolition of existing roof and existing
exterior canopy; replacement of roof with new wood
truss system with barrel tile roof with gutters and
downspouts; addition of one new roof hatch and three
new removable sky lights; replacement of existing
louvers, windows and doors; addition of new partitions
and doors in interior of building; architectural
~tv\. \
treatment of building exterior; installation of two
exhaust fans; addition of new air conditioning system
with duct work; partial demolition of existing
electrical panels and equipment; partial demolition and
replacement and addition of new conduit and wiring;
addition of new motor control center, new control
panel, new distribution panels and new lighting
transformer; addition of instrumentation as indicated;
the removal and replacement of interior lighting; the
addition of exterior lighting; exterior painting of
entire structure; and interior painting of new work.
New Service Yard Enclosure: Provide new concrete wall
with gates and gravel ground cover; addition of new
emergency generator with enclosure; addition of new
diesel fuel tank with concrete containment area;
provide new pad transformer bank; addition of new
exterior lighting; addition of new sidewalks and access
road; seed and mulch areas disturbed during
construction; and painting of wall enclosure, diesel
fuel storage tank and generator set enclosure.
j; tP ~ 4'Alt&
George Abou-Jaoude
GAJ/gm
Att:
cc: File: Memos to City Manager
File: Project #90-22 (D)
File: a:ga902202
( PBSJ POST, ENGINEERING
BUCKLEY, PLANNING
SCHUH &..
JERNIGAN, INC.
TO: Bidders
FROM: J. Richard Voorhees, P .E. 31
PBS&J Project Manager
DATE: April 23, 1991
RE: Bid Tabulation for Improvements to the North Water Storage Tank
and Pump Station for the City of Delray Beach, Florida
City Bid No. 91-41; Bid Date April 18, 1991
Please find attached a bid tabulation for the subject project. If Part "A" only were
to be awarded, Akerblom Contracting, Inc. is the apparent low bidder with a bid of
$347,050.00. If Part "B" only were to be awarded, Global Atlantic Corporation is the
apparent low bidder with a bid of $480,000.00. If the entire project were to be awarded
to one. contractor, Elkins Constructors, Inc. is the apparent low bidder with a combined
bid of $806,000.00, which includes a deduct amount of $294,000.00, if awarded both
Part" A II and Part liB". The bid tabulation includes bid unit prices for the six types of
tank repairs included in the bid.
The City will decide, based on its budgetary and bonding constraints, whether it is in
the best interests of the':City to award :part "A" only, Part "B" only; or..-both Part "A"
and Part "B" combined, to either of the apparEmt low bidders named above. This decision
should be forthcoming in the next few weeks. When a decision has been made, a Notice
of. Award will be sent to the affected party.
/mv-016
cc: William H. Greenwood, P.E., Dir. of Environmental Services, City of Delray Beach
La..n-y Martin, Deputy Director Public Utilities, Cityof Delray Beach
Ted Glas, Purchasing Director, City of Delray Beach
Robert Morrell, P.E., PBS&J
WINTER PARK PLAZA. 1560 ORANGE AVENUE, sum 700. WINTER PARK, FLORIDA 32789
TEL: 407/647-7275' FAX: 407/140-8958
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M E M 0 RAN DUM
TO David T. Harden
City Manager
THRU: William H. Greenwood ~~.
Director of Environmental Services
:flY!
Ernest A. Kaeufer, P.E. Z
Asst. Director of Environmental Services/p
FROM: Don Haley
WTP Superintendent
SUBJ: REQ. #074585 - #074593 JUSTIFICATION
DATE: April 4, 1991
Both of these requisitions are for the repair of the
motors and pumps from our 20 Series - contaminated wells.
Sumo is all S.S. & Bronze imported from Scotland thru l
one US distributor, their one and only repair center is in
Louisiana. No other local repair shops can repair or rewind
these motors due to the control of replacement parts ie,
stators and rotors.
We purchase Sumo thru a sales company - Water
Resources, of Boca Raton.
~ Jli
v"-",-. ...... ...-.
DO"n Haley '\
WTP Superintendent
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----~.~~.__.~ -- ---.-- -- -_. --'-~---"-'- --_._-- -.-
.
Agenda Item No. :
AGENDA REQUEST
Date: MAY 2, 1991
Request to be placed on:
Regular Agenda
Special Agenda
Workshop Agenda When: MAY 14, 1991 '.
XXX CONSENT AGENDA
Description of item (who, what, where, how much):
CASE # ADDRESS GRANT AMOUNT
90-011HR 240 NORTHWEST 9TH AVENUE f10.S46.50
~U-UU6HR 305 SOUTHWEST 12TH AVENUE 12,594.75
-,
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: RF.r.OMMF.ND A "P"PROV A T, 01<' r.OMMTTNT1'Y DFVFT O"PMFl\T'T' HIOCK GRANT "PROGRAM
HOUSING REHABILITATION GRANT AWARD AND r.ONTRAr.1' AWARDS 1<'ROM Ar.r.OTTN1' #11R-1963-554-60.23
GRANT ACCOUNT INCLUDES CONTINGENCY.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). :
Department Head Signature, ~ l?~ - /~ ~
I
City Attorney Review/ Recommendation (if applicable):
Budget Di]ctor, _ ,Review (required on all items involving expenditure
of funds): L l4w-< tv ;-;/V/91
FunJing available: @~ NO I
Funding alternatives: II r - /'i1F5 $~i' ("tJ.:l~ (if applicable)
Account No. &' Description:
Account Balance: !II JI ''13 ~.L
J
City Manager Review:
Approved for agenda: @ NO fl7v(
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
THROUclH~RObert A. Barcinski, Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer ~~~
DATE: May 6, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
MAY 14, 1991 - BID AWARD - BID #91-52
HOUSING REHABILITATION PROGRAM
Item Before City Commission:
The City Commission is requested to award contracts to contractors
listed below, at a total combined cost of $23,441.25. Per the
Budget O,ffice, fund~~g i.s from://'f-/1/..,j- 5$<1, ?o/J-;?o ('Imm )eM'f,
(/k"ltA~ /lJ,,.J--u( c.,;Cnv, . ) .
tfK:~ It /3/ 1173.1.,;).-
Background: 51f'/91
-
The Community Development Division handles and processes their
formal bids on housing rehabilitation.
Property Contractor Amount
240 N.W. 9th Avenue MSL Construction, Inc. $10,846.50
305 S.W. 12th Avenue Abissett Corp.* 12,594.75
(*2nd low bidder. Community Development Division feels only one
contract should be awarded to new contractor, MSL Construction,
Inc.)
Recommendation:
Award to low bidders as stated above, at a total cost of
$23,441. 25. funding as outlined above.
Attachments:
Memorandum from Community Development
Bid Information Sheets
pc Lula Butler
~"\ .3
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT, COORDINATOR k)\,
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT ~
DATE: MAY 2, 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 two ( 2 )
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
90-011HR 240 N.W. 9TH AVE. $10,846.50
90-006HR 305 S.W. 12TH AVE. $12,594.75
HR2
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 91- 52
-
APPLICANT: MARY WILLIAMS
APPLICATION #: 90-011HR
PROJECT ADDRESS: 240 NORTHWEST 9TH AVENUE
DATE OF BID LETTERS: APRIL 11, 1991
DATE OF BID OPENING: APRIL 25, 1991
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $ 13,030.00
B & JR CONSTRUCTION $
CSB CONSTRUCTION, INC. $ 19,520.00
G. R. E. I. CONSTRUCTION $
HENRY L. HAYWOOD $
HMP BUILDERS, INC. $
INTERCONTINENTAL CONSTRUCTION CORP $
M. A. S. C. 0 . $
MJD CONSTRUCTION SERVICES $ 13,425.00
MSL CONSTRUCTION, INC. $ 10,330.00
PHILLIP GARY PURR C/O GAMZO, INC. $ 12,195.00
T. H. Y. CONSTRUCTION, INC. $
IN - HOUSE ESTIMATE: $ 12,625.00
CONTRACTOR AWARDED CONTRACT: MSL CONSTRUCTION. INC.
BID/CONTRACT AMOUNT: $ 10,330.00
COMMENTS: LOW BID
BIDFORM/PG1
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 91- 52
APPLICANT: JOHN GAMBLE
APPLICATION #: 90-006HR
PROJECT ADDRESS: 305 SOUTHWEST 12TH AVENUE
DATE OF BID LETTERS: APRIL 11. 1991
DATE OF BID OPENING: APRIL 25, 1991
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $ 11,995.00
B & JR CONSTRUCTION $
CSB CONSTRUCTION, INC. $ 13,750.00
G. R. E. I. CONSTRUCTION $
HENRY L. HAYWOOD $
HMP BUILDERS, INC. $
INTERCONTINENTAL CONSTRUCTION CORP $
M. A. S. C. 0 . $
MJD CONSTRUCTION SERVICES $ 13,268.00
MSL CONSTRUCTION, INC. $ ] 0,74 1. 00
PHILLIP GARY PURR C/O GAMZO, INC. $ 12,040.00
T. H. Y. CONSTRUCTION, INC. $
IN - HOUSE ESTIMATE: $ 12,400.00
CONTRACTOR AWARDED CONTRACT: ABISSETT CORPORATION
BID/CONTRACT AMOUNT: $11,995.00
COMMENTS: MSL CONSTRUCTION, INC. DID NOT FEEL THEIR ORGANIZATION WOULD BE ABLE
TO HANDLE TWO JOBS AT THIS TIME. THIS JOB WENT TO THE NEXT LOWEST BrODER
BIDFORM/PG1
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # q ~ - MEETING OF MAY 14 I 1991
REPORT OF APPEALABLE LAND USE ITEMS
DATE: Ma y 9 I 1991
i
This item is before you for acceptance of the report of decisions made 1
,
by the various development related boards during the period April 23rd ,t
through May 13th. The following actions were considered during this \
I
reporting period: j
Site Plan Review and Appearance Board:
1
-Approved exterior color change of building facade and roof I
!
for Delray Mazda. \
-Approved color change for outside table umbrellas at i
Marianne's Gourmet Deli. I
-Approved minor modification, landscape plan and building !
I
elevations for Fiduciary Research, Inc. Also waived .
~
requirement for additional right-of-way and determined that a
loading bay is not warranted.
-Approved minor modification and the landscape plan for Drug
Abuse Treatment Campus. Also reduced required amount of
dedicated right-of-way from 30 feet to 25 feet for S.W. 3rd
Avenue.
-Approved changes to the landscape plan for South Delray
Shopping Center. 1
-Approved "as built" changes to the landscape plan for Morse
Saturn. \
i
The Planning and Zoning and Historic Preservation Boards did not have )
i:
regular business meetings during this reporting period. ;
i
1
.
~ l
q, Ifb&- / S-o
, ~
C I T Y COMMISSION DOCUMENTATION
-... '"'"
Iu: ~D ~ARDEN' CITY MANAGER
o....u~'lk0qi'.L_
ID J. KOVACS, DIRECTOR
..........~..~.... DEPARTMENT OF PLANNING AND ZONING
1:. ~
FROM: JAS:: ALLEN, PLANNER I
SUBJECT: MEETING OF MAY 14, 1991
REPORT OF APPEALABLE LAND USE ITEMS
APRIL 23, 1991 THRU MAY 13, 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 April 23, 1991, through May 13,
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
April 23, 1991 thru May 13, 1991
Page 2
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF APRIL 24, 1991:
1. Approved by a vote of 6 to 0, exterior color change of the
building facade for Delray Mazda (aka Delray Toyota) located
at 2700 South Federal Highway.
2. Approved by a vote of 6 to 0, color change for the outside
table umbrellas at Marianne's Gourmet Deli. The site is
located on the east side of N.E. 4th Avenue, between N. E.
1st and 2nd Streets.
3. Approved by a vote of 7 to 0, a minor modification,
landscape plans and building elevation plans for Fiduciary
Research, Inc. located at 94 S.E. 4th Avenue. Concurrently,
the Board waived the 2.5' dedication right-of-way
requirement for S.E. 1st Street. The Board also, determined
that a loading bay was not warranted.
4. Approved by a vote of 5 to 0, a minor modification and
landscape plans for the Drug Abuse Treatment Campus at
Swinton Avenue. Concurrently, the Board waived the
right-of-way requirement from 30' to 25' for S.W. 3rd
Avenue.
5. Approved by a vote of 6 to 1, changes to the landscape plan
for the South Delray Shopping Center located at Federal
Highway and Avenue "L".
6 . Approved by a vote of 6 to 0, as built changes to the
landscape plan for Morse Saturn located at Federal Highway
and La Mat Avenue
No other appealable items.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MAY 8, 1991:
1. Unanimously approve, exterior color change of the building
facia and roof for Delray Mazda (aka Delray Toyota) located
at 2700 South Federal Highway.
No other appealable items.
PLANNING AND ZONING BbARD
No Regular Business meeting was held during this period.
City Commission Documentation
Report of Appealable Land Use Items
April 23, 1991 thru May 13, 1991
Page 3
HISTORIC PRESERVATION BOARD:
No Regular Business meeting was held during this period.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachments: Location Maps
JA/#54/CCACT.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # C{ 6 - MEETING OF MAY 14, 1991
REQUEST FOR DETERMINATION
DATE: May 9, 1991
We have received a request for relief to allow the construction of a
two story single family home on the Laurence Property, located at 1045
S. Ocean Boulevard. However, prior to proceeding with that action, a
determination needs to be made with respect to the height regulations.
Along A-1-A there are grade differences ranging up to 20 feet.
Current Code provisions define height as, "the vertical distance from
grade to the highest finished roof surface of a flat roof or to the
mean level between eaves and ridge for gable, hip, or gambrel roofs".
The maximum height set forth in the matrix for all residential zone
districts is 35 feet. Under such circumstances the actual vertical
distance of a building would be limited to 15 feet, thus negating the
construction of a two story home. The combination of previous Code
amendments and the implementation of the Land Development Regulations
did not provide for accommodating an increase to the height
regulations; therefore, no relief mechanism exists.
The issues before the Commission requiring clarification are:
(1) Should there be a relief mechanism for exception to height
limitations?
(2) And if yes, what body should be empowered to grant such
exceptions?
The Planning Director's recommendations are included in the backup
material for this item. Additionally, the City Attorney's Office has
reviewed this matter and found that current provisions in the Land
Development Regulations expressly prohibit any increase in the height
limitation and thus, negates the waiver provisions contained therein.
The Commission may however, use Code Section 30.15, "Waivers of City
Ordinances" to waive the prohibition of LDR Section
2.4.7(B)(1)(b)(iii) and thus, have the authority to waive the height
restrictions. Should the Commission decide to proceed with this
option, notice of waivers must be published and a public hearing must
be held.
O. ~AC.S ~ J. ~h to deRf"'" EXEmp-l-ion
oed; () A nCE.- - 1ST'" t!.EAO 0 n .5 J Qlg J ell
CITY ~TrORNEY'S OFFICE TEL No. 407 278 4755 May 10,91 5:25 P.02
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[ITY DF DELRAY BEA~,5'i*',:.:~:;:~",~:'! ,
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CITY A'"ORNEY'S OFFICE 310 S.P:. ht STRl';F.T. SUITE 4 · DELRAY Hf';ACH. FLORIDA 33483
H 407/243.7090 . rnU:COPl1iR 407/278-4755
MBMORANJ)UM
Date: May 10, 1991
To; Ci ty Commission
From: David N. Tolces, ASsistant City Attorn;;p(.
subject I Authorlty ofc1ty commiss1on to Grant a Waiver to
Height Limitations in Certain FamilY ZOn1ng.D1str~cts
Section 4.3 . 4 {J) l 4) t a) of the Land Development. Re9\llatioDS
states that there are ~o provisiQns whlch allow, nor is the
Board of Adjustment empowered to grant, an increase of height
for any purpose in a single fam11.y district. waivers to
certain provisions of the LOR' a may be granted pursuant to
Section 2. 4. 7 (B) ( 1) (b) . However, that same section provides
that a wal ver ot the Land Development Regulations is not
per.mitted when the waiver 18 with re~ct to:
1) matters which pertain to the use of land or
structures,
ii) a requirement to~ a publ~c. hearing or provid1ng
notice that an item will be considered by a
development board, or
111) 4 regulation for Which it is stated that there shall
~ no waiver and/or variance provided.
As stated above, section 4.3.4(J) (4)(a) expressly prohibits
any increase in the heliht limitation. Therefore,. Section
2.4.7 (8) (1) Co) (lil) bars the applica.tion of the waiver
procedure which could be used to grant a waiver to the height
limitation. The commission, however, may avail itself of . its
wal ver authority. contained in Section 30.15, "Wai vera of City
Ordinances, II to waive the prohibition of Section
2 . 4. 7 (B)( 1)( b)( 1i1). Once this section is waiVed, the
Commission would then have the authority to wai ve the height
restriction contained in Section 4.3.4(J).
Additionally, Section 30.15 requires that before the commission
proceeds to. waive the. above provisions, notice of the waivers
must be published, and a public hearing must be held.
DNT: .b
[0,
t~
C I T Y COM MIS S ION DOCUMENTATION
TO: HARDEN, CITY MANAGER
~j~Q~
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MAY 14, 1991
REQUEST FOR DETERMINATION REGARDING APPLICABILITY OF
HEIGHT LIMITATIONS IN CERTAIN FAMILY ZONE DISTRICTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
direction regarding the applicability of a prohibition
on exceptions to height regulations.
BACKGROUND:
The necessity for coming before the City Commission is that of
the application of several points of policy. These include:
* Ordinance 4-88, passed 4-12-88: provided specific exceptions
to height regulations and also provided that except for those
exceptions, there are no provisions which allow, nor is the Board
of Adjustment empowered to grant, an increase of height for any
purpose in the residential zone districts.
* That ordinance also established "grade" in relationship to
the crown of the adjacent street.
In 1988, it is my recollection that it was acknowledged that there
would be a few individual circumstances where the definition of
grade as newly defined would create a problem with buildability of a
site. In such instances, the special powers of the City Commission
to grant relief (waiver) could be exercised.
In October, 1990, upon adoption of the LDRs, the relief
provisions were placed together and streamlined. With respect to
the special waiver provisions limitations were put in place with
respect to: i) use items, ii) public hearing or notice
requirements, and iii) items for which it is stated that a waiver
or variance shall not be provided.
City Commission Documentation
Request for Dertermination Regarding Applicability of Height
Limitations in Certain Family Zone Districts
Page 2
Situation at Hand: Along A-I-A there are grade differences ranging
up to twenty feet (20'). In such circumstances the actual vertical
distance of a building (as defined by code Le. midpoint of the
roof) would be limited to 15'i thus negating the construction of a
two story house. We do have requests to construct two story homes
in such circumstances.
The combination of the 1988 amendments and revisions during
preparation of the LDRs creates a situation wherein the
Administration will not find that there are provisions for
accommodating an increase to the height regulations based upon:
(a) the expressed prohibition in Section 4.3.4(J)(4)
and
(b) the stipulation of Section 2.4.7(B)(b)(iii).
QUESTION BEFORE THE COMMISSION:
The first question before the Commission is: Should there be a
relief mechanism for exceptions to height limitations?
If so, What body should be empowered to grant such exceptions?
DIRECTOR'S RECOMMENDATION:
1- Find that there should be a relief. mechanism in
circumstances where there is a substantial difference in grade
between the crown of the adjacent street and top of the natural
ground upon which the structure will be located.
2. Reserve the power to grant such a waiver to the City
Commission pursuant to Section 2.4.7(B) by amending Code Section
4.3.4(J)(4) to allow such a provision.
Alternatively, the power to grant such a waiver could be vested
in the:
* Board of Adjustment with the difference in height being
considered as a hardship unique to a particular sitei
* Site Plan Review and Appearance Boardi
* Note: the HPB would act in-lieu of the BOA or SPRAB.
* Planning and Zoning Board with utilization of the
conditional use process as is done in the geographic areas
of exception (not recommended by the Director).
3. Alternative Determination: Determine that the prohibition in
Section 4.3.4(J)(4) pertains only to the Board of Adjustment and
other review bodies and not to the City Commission.
city Commission Documentation
Request for Dertermination Regarding Applicability of Height
Limitations in Certain Family Zone Districts
Page 3
MANNER OF PROCEEDING:
1. Resolve the two questions before the Commission.
2. With regard to the inquiry (Saberson's letter of April 25th, )
if the Commission finds that a waiver request is appropriate, then
consider the specific waiver at it's next meeting after the required
public hearing has been noticed. (Alternative determination from
above. )
3. If option 2 cannot be accommodated due to first having a
need to revise the Code, then either proceed so that 2nd Reading
occurs on June 11th immediately followed by consideration of the
waiver requesti or if time is of the essence proceed with
emergency ordinance procedures.
Attachments:
* Pertinent provisions of the Code which apply
DJK/#81/CCHEIGHT.TXT
City Commission Documentation
Request for Dertermination Regarding Applicability of Height
Limitations in Certain Family Zone Districts
Page 4
ATTACHMENT
CODE PROVISIONS WHICH RELATE TO THIS EXCEPTION TO HEIGHT ISSUE:
4.3.4(J)(I): Heiqht - Defined
The vertical distance from grade to the highest finished
roof surface of a flat roof or to the mean level between
eaves and ridge for gable, hip, or gambrel roofs. The
height set forth in the matrix is the maximum height for all
structures within the respective zone district except as
provided for in Subsection 4.3.4(J)(3)(&(4).
Code Section 4.3.4(K): Development Standards Matrix - Height
R-1-AAA District ..... Height - 35'
* Note: the maximum height in all residential zone
districts is 35'
Code Section 4.3.4(J)(2): Basis for Measurement:
For buildings adjoining one street, the grade is established
from the mean elevation of the crown of the street along the
lot frontage.
Code Section 4.3.4(J)(4) Increases to Heiqht Regulations:
(a) Prohibitions: There are no provisions which allow, nor
is the Board of Adjustment empowered to grant, an
increase of height for any purpose in the following
zone districts:
* Single Family (R-1) Districts * others
Code Section 2.4.7 Procedures for Obtaining Relief from
Compliance with Portions of the Land Development Requlations:
(A) Variances - handled by the Board of Adjustment (or HPB)
(B) Waivers - (a) may be granted only when expressly allowed
(b) by action of the City Commission when no other
avenue for relief is availablei except for:
iii a regulation for which it is stated that
there shall be no waiver and/or variance
provided.
(C) Adjustments - considered during site plan review
(D) Administrative Relief - must be specifically allowed
(E) Appeal - review of an item which would otherwise be a final
action (by an approving entity)
(F) Special provisions:
( 1 ) Congress Avenue Widening impacts
(2) Relief from Improper Regulations (allows quick
correction by enactment of an amending ordinance)
.
, LAW OFFICE OF
ROGlER Go SABlERSONj PoAo
70 S.E. 4th Avenue Telephone: (407) 272,8616
Delray Beach, Fl 33483
April 25, 1991
Mr. Jerry Sanzone, Chief Building Inspector
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Waiver Request to City commission Pursuant
to section 2.4.7 (B) (1) (b) to Permit Construction
of Two Story Home on Laurence Property,
1045 S. Ocean Blvd.
Dear Mr. Sanzone:
Pursuant to our recent discussions concerning the Laurence
Property, please consider this letter a formal request for relief
by the City Commission under the above cited Code section. The
property owner's request is to allow the construction of a two
story single family home on the subject property. The average
height of the highest roof will be approximately 29 feet above
grade and grade for construction purposes will be approximately 23
feet above mean sea level.
As we discussed, the City Code when it was drafted did not
take into account that in a few areas along the beach the dune
located on certain single family zoned property is considerably
higher than the street grade of the street that adjoins that
property. Since the height of a single family home which is
allowable under the Code, is measured from the grade of the street
(and apparently Clssumes that the grade of the lot would be
approximately the same as the grade of the street) it creates a
problem when you have a natural condition such as on the Laurence
property, where the dune height is approximately 16 feet above the
level of the road and therefore reduces by 16 feet the allowable
height of the single family home that. could be built.
I would think that this was definitely an unintended result
by the drafters of the Code. The effect of it when such natural
conditions exist, would be to deny a property owner on whose land
such condition exists, the same right commonly enjoyed by other
property owners in the City owning a lot in a single family zoning .,..--
district, i.e. the right to construct a two story home~ ~~~11ff~~
~..r 25 '991
pv.NN\I"~ &ZO~... ..J
6-~........-.
Mr. Jerry Sanzone
April 25, 1991
Page Two
In regard to this request, I enclose the following:
1. A front elevation of the home that Mr. and Mrs. Laurence
propose to construct on their property.
2. Cross section prepared by O'Brien, suitor and O'Brien
showing the elevations of the subj ect property from AlA to the
Coastal Construction Control Line.
3. Boundary survey prepared by O'Brien, suitor and O'Brien.
4. site Plan prepared by the owner's architect showing the
intended location of the proposed home on the subject property.
5. My check in the amount of $100.00 for the application
fee.
I would appreciate it if you would keep me advised as to the
dates this application will be considered by the City Commission
at either workshop or in regular session. We would also like to
be furnished a copy of any staff reports or memorandums pertaining
to this matter.
Thank you for your cooperation in this regard.
Si~;~Yf)J~
ROGER G. SABERS ON
RGS/drt
Enclosures
cc: Mr. Henry Laurence
Mr. Peter Ince
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # '1C- - MEETING OF MAY 14, 1991
BUY-OUT AGREEMENT - GOLF COURSE RESTAURANT
DATE: May 9, 1991
We have received a proposal from BLS Services, Inc. to sell their
interest in the Golf Course Restaurant back to the City. This
proposal follows a Commission consensus to not reimburse the loss of
business expected as a result of the repairs to the golf course. The
buy-out proposal consists of the City paying BLS $38,000, plus the cost
of any food, beverage and liquor inventory. In return, the City would
receive all equipment and assets listed on the Asset List which is
valued at $22,517.17. BLS has agreed to reduce the price up to $5,000
for assets the City may not want or need. Our Golf Course Manager,
Brahm Dubin, has reviewed the list of assets and has recommended that
we offer no more than $15,000 for those items. Additionally, he has
provided a list of several items which should be excluded. The
difference between the cost of the assets and the selling price
reflects the anticipated earning loss to BLS Services, Inc.
over the remaining 3 1/2 years life of the license agreement. A
detailed staff report is attached as backup material for this item.
. '#;
[ITY DF DELIAY BEA[H
100 N.W.1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM :r;)~ Robert A. Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: AGENDA ITEM # qc. - CITY COMMISION WORKSHOP, MAY 7, 1991
CONSIDERATION OF BUYOUT PROPOSAL - BLS SERVICES, INC.
DATE: May 1, 1991
Action
The Commission is requested to consider a buyout proposal received
from BLS Services, Inc. , the Golf Course restaurant Licensee, in the
amount of $38,000, plus inventory value.
Backqround
At the Commission workshop on April 2, 1991, the City Commission
discussed the Golf Course Capital Improvement Projects, which involved
closing the course from July through September 30. The discussion
also involved the request from the restaurant Licensee to reimburse
their business loss for the months the course would be closed.
Commission consensus was not to reimburse this loss. As a result of
that decision, BLS Services, Inc. asked if the City might be
interested in a buyout. BLS was requested by Staff to submit a
proposal
Proposal
The buyout proposal is for $38,000, plus the cost of any food,
beverage and liquor inventory. (See attached Listing Agreement.) As
part of the buyout, the City would receive all equipment and assets
listed on the Asset List provided by BLS Services, Inc. The assets
are listed at the original cost to the Licensee. They are not
depreciated costs. The asset value per BLS Services, Inc. 's statement
is $22,517.17. BLS Services feels that the assets were bought to
operate the restaurant at the Golf Course and to meet liquor license
requirements. They do not have any other use for the assets.
However, they are willing to reduce the price up to $5,000 for assets
we may not want or need. These assets would become the property of
BLS Services, Inc.
THE EFFORT ALWAYS MATTERS
David T. Harden, City Manager
AGENDA ITEM # CITY COMMISSION WORKSHOP, May 7, 1991
CONSIDERATION OF BUYOUT PROPOSAL - BLS SERVICES, INC.
Page 2 of 2
Attached is a listing from Mr. Dubin of the assets he does not think
the City would need and/or those that in his opinion we should
replace.
Commission Direction
Commission direction is requested. Options are as follows:
1. Accept the Proposal as presented.
2. Reject the Proposal.
3. Direct Staff to proceed with further negotiations for a buyout
with changes in the Proposal conditions and/or price.
A representative of BLS Services, Inc. will attend the meeting and can
answer any question.
Staff Recommendations
Staff feels the buyout proposal for $38,000 less $5,000 for the
return of assets ($33,000) plus inventory is reasonable if you feel
that the customers would be better served with the City operating the
restaurant through its course manager. The facility would then not be
operated under a profit motivator but would be service oriented,
striving to break even. Coordination with Golf operations may be
better served. At issue is the premium to be paid for business good
will, i.e. , the amount over and above the asset value.
RAB:efw
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LISTING AGREEMENT ~-VISED 10/85
(AN EXCLUSIVE RIGHT OF SALE CONTRACT)
. , '.
Uatlnll No. . D.II of ConlrlC1 ':I /1 ~ / q 1
I/W. BLS Services Inc COwn
Prlnl or Typl
1. In conlld.r.tlon of you;' '1I,,,m,nllo fill .nd 10 UII your Ilfor1l10 Ilcure . purch.." for lh. propeny dllcrlb.dll:
TA,.A nn toh.. t':!r9971 (13'lQ~"'''QQ nn')r)
Delray Municipal Golf Course, 2200 Highland Avenue
Delray Beach, Fl.
.nd your (unhll lorum,nl 10 en,11 wltholh.r R[AlTORS or re,l 11111 a blobr. Ind In further con,ld.rlllon of your p.ylnlllppllc.bl. f... 10 the Mulllpl.1I111"1I S.rvlc. 01
laC' Rllon IOllel of R[AlTORStl. Inc.. In ord" 10 rut ..Id prOlltnywi!h III mlmb"'.1 her.by III". you (or. ptrlod of F. mO"lha (rom thll dati thl bcluII"1 "IOhll
"'ulho'lty to "II Ih'llrOp,ny.1 tht followlnll prlc. Ind ter":,I. or I"y olh" pricI Ind larmlacc.plabll to ml and thla bclual", Rlllht and "'ulhorlty Ihallll.pl,," mldnlolll
9/15/91 '
Prlc.: $38.000. nn
Cash
Tarml:
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2. In cu.. pureh.." for Ih. prop.ny la ..cured.lh. ulull.nd cullomlry prlClle. for Ih. "Imlnlllon. curlnOllll1 .nd for cloalnOlhl IrlnllCllon Ihlll.pply.I'llr"lo d.II"" to.
'.,urehl..r. good l"daulflcl.nlll.nl,,1 warrenlvdltd. (r.. .ndclurohllllln,a .nel.ncumbrlncl' uClpl.ncumbrlnCII o. record .ndlho.. which Ihl purch"., Ihlll .nu
II pin of Ihl pUlCha.. prlcl .nd which arl tlpacl.lly dl..llld 'bo"..
3. For (Indlno. pureh.." for the .bo,,1 propeny:
..., 1'0'" 10 pay you, prol"llon.lurvic. f.. 01 10% of Ih. ..,.. prlc.. whtlhar lold by you or "" or .ny olher ptraon.
I. Suchcompenllllon .h.1I b. plld If p'op.ny la aold. conYIV.d.~r Olhlrwl.,lrln"erfldwllhln 99 ".ra.ftar Ihllarmlnlllon oflhla .Ulhor/lyor .nVUltn,1
th.rao'IO .nvon. with whom .glnl hu had n'llollatlon. prior 10 flnll larmln.llon. pro"ldld I h.vI raeel"ld nollcl In wrllln,. IncludlnOlhl nlm.. of prospect
FUrch.,I,.. be lara or upon IIImln.llon 01 Ihls lorum.nl or .nv .Jrllnllon Ihlr.of. How'''''.'lh.1I nOI bt obllOatld to PlY aueh compenlatlon If.n UCIUII"I IIlllnc
,nl,red Inlo durlno thl larm 01 ..Id prOllCllon p..lod wllh .nOlhar Iie.n..d r..I....I. broker.nd Ih. ..'..I.....or IIlchl ngl ollhl proplny la m.da "",rlnOlh' I"m 0",
prOlletlon p4rlod. . .
C. In .ny IIch.nOI 01 Ihls prop.ny. pllmlulon " IIlvln you 10 "pr...nt and ftc.I". f.1I from both ,.nl..,
.. In tonsldarltlon 01 thl, uelu.lvl IIl1ln, 'IIr"mlnt, you 'IIr..: .
. .... To p,oetl'lI\y prOplrtV throullh thl Mulllpl.lllllnll S~r"le. of thl BocI Rllon Board of P.[AlTOP.~.lne.
. I. To In"I"lo'" lI\y prop.ny Ind ..CUll .p.c!lic Inlo'lI\atlon "lIardinolt.
C. Tl! dlreet ,h. concenlrated .<<onl of yo",r org,nlulion In brlnDlno'bout. Ill... .
D. To .dVlnl" my prop.ny II you dum .d"lsable In th.locll nlwsplper. or olhar mldium, of merll.
E. To lurnllh It .lftlm.. .ddlllonl' Inlormatlon "QUlllld by .nyREALTOR or ,"1,,"11 brohr. and to ,..Ial to,.r"lng broh" In tlollng ,tr.na'Cllon on my prope
~In ,equul.d 10 do 10.
F. To prompllv p,y Iny cooperallnll REALTOR ~o nllt thl propeny' prol..'lonalllrvlce I... .
I. In conalel.rallon of Ih. .bo~l. I 'IIr..: '
.... To ra'er 10 you .11 Inqulrlu 01 RU.lTOI\S or olherl Inlerlllld In my propeny.
I. Hunher lor.. thllll Ihl .bov. prop.roltl....d by mila Iny peraon. firm or corpor.llon. dur/no Ihl period 0' 11m. COYlradbylllll.,r"m.nt, thin .Nlln Ihll '''Inl h
plylOYOU I ranlll ..rvlc. ,.. 0' ol.lh. 10111 ranlll.um 'IIrlld. Further. .houldlllll Ihl proPirtyto' "..... Ihln Ind In Ih.I .Vlnllh. REALTO" h.reln.~
t>e p4ld Ihl p'o'..slon.1 I.. by th. IUlor In Ihl IIml mlnner II II h. hid conallmm.lld 11.11. '
I. Upon my.celpt.ne. o..nyl.... Dr r.nlll 01 Ihls proplny dur/nOlh,"rmolthla .orllm.nl,th.up/ral/on d... h.raln .h.n,utomIlIClllybt .Jrl.nd.cUor I perIod IClu, 110 i
term of ..Id It... or ranlll or .ny exllnllon 0' ran.wlllherlo'.
7. .... my.o.nt,yoII .re..ulhorlzedlo Ice.pl. rac.lpl lor .nd hold IlImonlYPllcf ordlpoalt.du. blnderlhlraon .ndllluchd.po,ltlh.lIbt 10rf.ll~bYlh. prOlplctlvl purchl'
\'Ou m.v flllln onl.hllf 01 .uch dlposll. but nOllXc..dlno Ih. lolll.mounl of your f... u your campen"llon. .
.. lund.rlt.ndlhlnhlllor..mlnl do.. nOlouar.nllllhl 1111 01 mypropeny. but Ihlll1 dOUlluar.nllllh.1 youwll/mlh .nurnllt.ndconllnutd .lfort to ..II 11m. unllll
'.tir..mlnl "I.rmlneled. ,.' .
t. I.or.. Ihlllhl,uponllblllty lor Ihl cara .ndcultoclVol IIldproplny.hlll flOIbt your. IndyoulhalJ nOI be lI.bl.lom. (or .nydlmIO" whlchm'yoccur 10 .. Id property 01
th.n ~In .uch dlm.o.. .,. Cluled by your 0( by your ..locl.IU. . ~
10. I har.by .uthorlfl you 10 conllCllhl holelar, Ollhl mortlllOI on Ihl, propeny (If .nyllo obllln up.lo.dll!J!l! ' n direct. My mor1010' "umber It
11. Thl d..crlpllon 01 Ihl 1I.I.d propeny 141 forth In thl, .or..m.nll, Irua .nd correct 10 th.1 btlt 0!Jr'r owl.dOI.
12. ...nOflNEY FEES AND COSTS: In connlCllon wllh .ny lIt1glllon ar/alno oul 01 Ihll conlfl~.ttT..pra"~lnll ~~ II~" .."ar or ~"ar. .h.1I be ."'1'....... .....__. .11 -,
lncurracllnclucllng "llOn.bll .ttorn.v', '00. I.... ......... .--~. ~ ... ~. ' .
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Managed by Dubin & Associates Inc.
DONALD ROSS. 1923
" MEMO
To: Bob Barcinski
From: Brahm Dubin
Date: May 8, 1991
RE: BLS Inventory List
Enclosed is the list of supplies and equipment submitted to us by
Norman Briggs.
I verified certain large items but did not verify actual cost of
each item.
Assuming that the quantities are correct for the dishes and
glassware I would recomme~d offering no more than $15,000, for the
listing.
I would suggest we do a final inventory verification the day of
takeover and exclude from the listing the following:
A. Manual Credit Card Imprinter 1
B. Miller Clock 1
C. Office Calculator 1
D. Electric Pencil Sharpner 1
E. Folding Chairs 42
F. Ice Cream Chair 20
G. Black Chairs 11
H. Miller Bar Lights 4
I. Budweiser Ornaments 3
J. Spoons 230
K. Forks 218
L. Knives 218
M. Soup Spo~ns 98
N. Steak Knives 142
O. Plastic Table Clothes 18
'.
BD/csl
Brahm has not reviewed.
2200 Highland Avenue · Delray Beach, Florida 33445 · (407) 278-0315
'" ----,-
"~. ''':' i"~""
~~Dll.I.dtU b ..L " C'cR.llfE"'t-J'"'
... . w.. ..)t::." ...J 1 \.r
. SALt:S CURRENT PER roD ,E
t. 1797S,'=i3
1 8'.::04. ::0
I L r 78:,. ~~:I
----."---------------.-,--
-------------------------
I ~!;: r ~:t~L_ F:? :'::/?6 ':~'. 48 73740. ?-2
'::JST DF '~P-IL..=:: ;; I] D L r Q U IJ R C [ I~ to f,
BEC."! t,~ ";~:I"j1" r,:\-' 4~:,?" 7 4 :::,524.12 ::: 1.06
;,,"..JFC' ((:. ~~,i-~- 'f374.3:1 IE.:'.".. 07 ,q '-:-;', 71)
~_r'lDl i t,~\ ~~~~<TJh'{ '?,:,7:\ 9t, 2757. S,'::, '.~ t.;. 5eJ
_. ___....__. __." _,,~._.,._ ._"_" _.._,__._.,. ___" _._ __. - _... ,. - ...._ ...._ U__,".
,_ _...._ ._._._,,_._._. _.__.___.._ __M___,~",,~_,,_,_ _'_'_"_' .,,~_._'M.
~-:i.:J;Jri -:~CiLD -:;: 55.1,3 2'644.6" ~5(}4. ii<>
.. ,-" il"\,:... 1).2.9 t'!. -~. ~~ O. tA
:..~, .
'_.J I, <.) 'n F T 1 ~~t.S3. 89
'~\r,'[:S~' ;::"FGF i T Ci:'){.::t. i; H::I:' 12,6:.8.89
~:t".f'>iCF~AL_ Ex.FEUS['~::
;;;;.,Th r I f, I ;'~G 1 l)O. t)i)
ACr::oUIH I NC: 522.50
i-..t1;::Ut~L L,AEc.:F~ I.OS.t~10
- C\':'E.Dl T CHF;t! E"':,r 1 . ;:, 1
,:CLiIF. \:;:ENTAL 19.08
E:i; I F Fur;
~"r~~L U\l3 rES7S,:=}~ i>~i,4 479.17
r-~FQ rC'{'L ]1.:::
r{~rd rCf~IAL
LAUi'JDF,Y :91. 90
lEi m~D FHol'1IT tT7t'147.96A 170~66
Ie TP1X SU~~.Cr_!,"iF:;~::~l~ ff:2.lq ~ 7'':..A
MUSIC ANf ENTEPIH1NMENT "").C' ~7
......J. '_',
!JFF I CE E XFFN~:E~:~, 184,16
11,' IIH AGFEF 160.72
fjv'ErVSHOF-T 44.94
Ff'iYF:OLl TAi EYfEN3E 584.36
F"UiNT f:
Fr;Ot10TI fJtI\ [IF-fo; I:: 684.52
F'F:Dt-J;JT J Ol-~ CD:_,FGJ'~:~
r~ENT ,4hIDSTCFJ<,;E: 159;). \)0
f;~EF?i I (;"3 Ai'JIJ I'.
REST(~UF.:~~r-j T r -,.., 447.59
~. ,~:.:.
~ALARIES iJFrrCERS 1 (~J:ICI. 00
':;;:IL"AF~ I ES At"ll) W~i:.~,E::3 5784. 19
~JC'F'i-:.E'nc C'.JHF 185.68
T r:; Xt'::~ C.i'THF~i':\
TELEF'HClhlE 21544(!
UTIU fIE' 1553.14
DEPREe 1 A T I cr.!
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------------------------
T [, :':, i 14199,39 l~j 4 t'l(1
1 NCGr.'iE F~r(Cil"i JF E: TIO/.E 4459.50 (l ~ 1)(1
~~ ;JTHEF I i":;:~ t,}'IL
linE~.E'3.r 13.10
f'iISC IlCC:d.;i
CIGEFiETTE It': ..:.
LDTTE,::;\! I iL,E 309.96
\-'END I I~CJ I hC<.>":F
T C.' .:.~ 323. t)6
511tl~
NET I N' I:' M E 4782.56 62~:.3. 88 l
1).11 I
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Eo. L. :. :cF{VICE3 L\:_
12200& HIGhLA~S D~lwE
e~, ".'" 'f'."H ". --".
UCLK~I a hl. rL~K~L~
=======================~~~===~==========~==============;:===========================
PRJJECTIDN OF LDS; ~~~ C~G~:i~S GQLF CG~RSE
, "~J_ "!:I', '-i ' '.0-' 1'"\....
J!Ji"fC ..lULl rl:.HJ:_;~ i
SA,,"E~ ""!,",'T 0.00 (, III (i~OO
t., , ,. v'.
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wnWJ:J ~KJtl! U. I):;
3ENEh'~~ E'\r-EJ\~E:
AD:I/ERT15I;'1Q 125. :d) ; ,..,= .-,r. 125~l)('
~"':j I'.';.'
A:CGLNTlNG :I(}"i)i) 5(\. ;)( 50.00
CASUAL LABOR
CRED Ii CARD DP 1 q I :)(1 19 I ,)i) 19.00
E1ulP RENTAL 19.0E 19.08 19.08
MUSIC AND EH1E~TAIN
OFFICE EXP 11)0,1)\) lCnJ.00 1:}).l)l)
OvER ISHORT
PAYROLL TAX DP 457.11
PROMOTl DN
RENT AND STORAGE
REPAIRS/MAINT AGREE 31)0.00 300.00 3;)(!, (II)
REST SUPPLIES
SALARIES 2500.00 1250.00 12:\)~CO
WES OThER iJO.00 90. \:,0 90.%
TEL~PriGNE 20,).00 200.00 2(ii} 100
UTILI i1ES ~ . f 0 I. c: 2t)O ~ 00 :~~IG.OO
...tau,. "'_1
j 1 ;"f;~!2"": 148.75 14b~75 148~75
\,..l...-.......Ih~t.u
Lll\blLli\ BiS 479,17 479.17 479. 17
dtiJN&RY ~O, 01)
---------------------------------------
---------------------------------------
. ~ , A I C 'lcb "6 "98' 1'(' ""8' ..
j u' ~ oJ CI J~. '...~ _ '" i_' ~ l . U) ... 'i .. l Uv . I
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N . ,. I ~ COM E I ILGS~~~ii~6.56 -2981.00 -2991.U'~,~ '
C I
OThER CONSIDERATION:
, LIQUOR IN~E~TORY 3500.00 TO QP~RATE
,
2 FQJD INVENTORY 3100.00 TO OPERATE. 5PJI~A6E. CAk'T BE USE ANi wHERE ELSE
~ EJUIPMENT FAILURE ~lGHER BECAUSE OF ~Q USE
;,
't THE TURNC'vER GF ?\ :OMFLETL Y OPERATING 5E~;iICE TEAM 20(:0.00
J THE EFF~CT eN Cc~ riORKEB COMP INSJRANCE wILL ruT LS INTO THE HIGHEST BRAC~ET
6 ALL LEAJJc3Aht A~hEAGY hJ\ PLAYING AT COURSE
THl:~ ]'jM
F~I IBM
n~D :lT~ G~ DEL~AY ????
..,__.:._ ].1___,.- .....-._.'. ----.. _. ........ - '. .~..._..,.... .- ,-,,~
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LISTING AGREEMENT , ~-VlSED 10/85
(AN EXCLl!SIVE RIGHT OF SALE CONTRACT) ,.
. ' ~/l~/ql
U.tlnll No. D.I. 01 Conlr.ct
I/W. BLS Services In~ 'Own
,.,Inl or Typ.
,. In con.ld.r.tlon of your .gll.m.nllo fII. .nd 10 Uti your .fforta 10 IIcur. . purchas.r for Ih. p,operty duerlb.d u:
.
TR,.S1 nn 1-1-10 (,!.,.ot)1'"'t (Rtt~"nooCl nn 1 )')
Delray Municipal Golf Course. 2200 Highland Avenue
Delray Beach. Fl.
.nd your funh., .grum.nl 10 fiI.11 wllh olh.r REAL TORS or rul ..III. blohr. .nd In fUllhll conlldlllllon of your p.ylng.ppllClbl. I... 10 Ih. Multlpl. L1lllng S.....le. 01
IDe. A.lon loard 01 REAL TOflSrb. Inc.. In order 10 flI. uld prop.rtywilh III m.mbll..1 her.by lIlv. you fo,. pt/lod 01 F. monlh. from Ihl. dll. Ih. Ellehnlv. Rlahll
AUlhorlty 10 "II Ihl proplrty'l the rollowlng prle. Ind 111":\'. or Iny Olhlf pricl Inctllrm. lee.plabll to m. Ind Ihll belu.lvIIUgh~ Ind AUlhorlty .hlll'llJllflll mIdnIght
9/15/91
rrlel: $38.000.00
Cash
Term.:
Inllr.il on Incumbrancu. IIxt..lnsUllncl Ind finIS Ih.1I b. Idju."d P'OIl" II clall of clOllng. Implov.m.nlll~nl.re to be Plld by mi.
2. In C"'I purch.." lor Ih. prop.rty I. "cu"d. Ih. UIUI'lnd cullom.ry plIC\lc. for Ih.lIl.mlnlllon. curlnll tlll.lncllor clo.lnll Iha tIlN.C\lon Ihln'j)Slly.I'lII.. '0 d.lIvlI to'
'."urch.nr. good .nd.uHlel.nID.n.ral w'''lnlydlld. 'r.. .ndcl'lI ollllll.nl.nd .neumbranc.lucepl.neumbr.neu 01 "eo'cl'nd Iho.. whlehlh. purchutr .h.lI.ltu
II p," or Ihl pUlChIJ. prle. .nd whleh," up.el.lI... cI.lIl1.d .bov.. '
3. for flndlnll I pUleh...r for the above prol>trt'f: 10%
A. I aar.. 10 PlY you. profa..lonll ......icel.. or 01 tha ..,,, pIle.. whlthll lolel by you or m. or Iny olhtr pllSOIl.
e. Sucheomptnlllloll Ih.1I b. p.ld II plop.rtyll.old. conv.y.d..or Olh.rwlll trln.ler"dwllhln 99 d..... .lttr the IlImllllllon olthluulhorlry or '1'1'" 111111'1.1
th.r.or to '1'1",01'1' with whom .glnl hll had n.golllllon. Ilrlor to flnl11l1mlnlllon. p,ovld.d I h.v. rn.rv.d nOlle. III wrllln,. Includlllg the n.m.. or prOIPtct
Ilu,eh',",. belor. or upon IIrmln'IIOII or Ihls 'orumanl or .ny '''11'11101'1 Ih.reof. Howlver.l.hall nol be obllg,"d to 1'.... .ueh compenlll'on H '1'1 'Ilcluslv. 1I111ne
.nl.rtcllnloclurlno'~. lerm of nldprOIlC\iollperlodwllh.nolhlllicanlld".I"",, bro",' Indlh. ul..I.....or uchlnQ' ollha plOPlnyl1 m.d. during th.lllmol.
11Iollctlon I>trlod. .
. C In In.....ch'''OI 01 Ihl. proplrty. permllllon Is glv.n you 10 rtpr.unl.nd '1C.lvl flU from bolh 1'."1...
.. In ~on.ldllllloll 01 this tIlelUllvl lIulnglgr..manl. you .gl": . .
.' A. To proca.. my prop.ny th,ough ,h. Mulllp" LIlIlng S~Ivlt. 01 'h. 80ca Rllon Board 01 RE"LTORS<<o.lnc"
II. To InvlSllgllt my prop.rty Ind lIeur. ,plellie Inlormlllon rtglldi"gll.
C. To dlltct Ih. cohelnlrtlld .Hons 01 your org.nllllion In brlnglng.boutl nl... .
O. To 'dYlnl" m... prop.n... II yoll d..m .dvlllbl. In th.local nlWlpapers or olher m.diuml 01 merll.
E. To lurnl,h 1I.lfllmu .ddlllonl' Inlorm.l\on rtQuUlld by .ny AEA\.TOI\ or ,..1..111. blobr. Ind to .nlll co.op.rallnll broilllln clo.lng. trans.ctlon Oil my plop.
wh.n rtQuul.d 10 do 10.
f. To promptly 1'....11'1... cooperlllnll REALTOII who nn.lh. propelt)'. prol...lonal......le. r... .
5. In con.ld,,"lol1 of Ih. lboll',I Igr..: .
A. To ,.111 to you Illlnqulrlu 01 REA\.TOIIS Of ollltr. lnltrlll.d III my ploperty.
II. I funh."grll Ihllll Ih. lbov. prop.ro'tl....d by m. to .nyper.on. flrmorcorpolallon.dullnglht p.llodof tlmt coveredbythl. .grnmtn\, th.nll\d I,,'hll.v.nl I...
p....IOyoU. rtnlll......le. fll 01 ol.lh.lolllrtnlll.um.grttd. Funher.lhouldl..llth. projStrtylo 1.....1. 'h.n.nd Inthll .ventth. "!ALTO" htr.ln.h
be ptld Ih. p,ol..llon.1 rll b... the IlIlor In Ih. ..m. m.nnlf ulf h. h.d con,"mmll.d. ..I.. .
e. Upon my let.pllnce or Iny lun or ranl.1 ollhls prop.rty during thltlfm ohhl. Illrllm.n" the 'qllrallon d.I. hlf.ln Ihllllulom.llc.elly be IIll.ndldfor. ,.rlod "lUll to t
lerm oI..1cl......, flnlll or Iny tIlI.n.lon 01 fln.w.1 Ih.rtol.
7. AI mY'Il.nl,you If...ulhorbld,o lee.pl. flc.lpl for Ind hold III mon'YPllel ord.po.h.d.. .blndlflh",on Inellfluchdlpo.I,.hlllbe forflltldbylh.ptOlp.ctlv. pu,eh"
you m.y rellln .n.,h.1f or lueh d,polll. but nOIIXelldlng Ih. toUl Imounl or your fit. IS your compennllon. .
.. .Ivnd.rrtlndlh.nhll'ar..m.nl do.. 1'101 gu.ranl..lh. ul. 01 my propert'f. but Ihll h doulIu.ranlllth.t you will mlke.n ..rnuundconllnuld .ffort 10 ..1I..m. unllllt
IVI..m.nl h I"mlnaltd. ..' .
t. ,.gr..thllth. ,..pon.lblllty lor1h. nit Indcu.lodyol..ld prop.rtylhlll nelbe yours .ndyou.hallno'be lI.bll tom. for .nydam.gll whlchm.yo<<urlollldprop.rtyolh
then wh.n .uth cltm.gll .re c,ulld by your Of by your .110<;11111. .
10. 'her.by .Ulhofl!. you 10 conl.C\ the holder. Ollhl mong.g. on Ihll propelt)' ,Ir Inyllo obllln Up.IO.cltl!J!ll 1 n dirtct. My morlll.g. numbe, It
11, 'Th. ducrlpllon 01 Ih. IIllad p'optrty HI for1h In thl. Igrum.nlll true Ind correCllo th~ be.1 0!Jr'r owl.da',
12. ATTORNEY fEES AND COSTS: In eonn.C\lon wllh Iny IIllgltlon arl.lng oul 01 thll COnl,.'ct .thhllv' ling pa If IIUtI 01 btot.tr. Ih.U be '''Ihlld to rtCOYtr III COI
Incurttd including ,.lIon.bl. IIIorn'Y'1 fell for ..rvlell rel)Cllf.d In conn.ctlon with I Ihlglllon I I. proendlnll' Ind po,I Judg.ment procttdingl.
. . ~
WITNESS: DATE
DAVid M nA'Mllth/.TAm~!'I T,.S1inSl
........",
. A Kroll Realty of Boca Raton. Inc. /16053
f,JeI;" Oft"1
Th. WOlf ". "Mr.., "ME".h.lI be con.ldtltd pluIII wh.n Ipplletbl. Inti .hall "r" 10 thl .bcM .lgntd ownelll).
Tht WOIfd. .....ou.-.r.s .....OU"..lh.1I be conal6tlld pluIII Vwhtn 1j)SlIlc.ebl. .hcllhall "I., \0 "" 'CCtpI!ne f\UJ.TOI\.
Whit. Copy . f\u.\.'~ Yellow Copy. '..rei OfHu .iM. Copy. Cli.nt loeA ......'ON 10""0 OF "EALTOl\$4.1
!O~, "'0" '\n"~' 3)1"
\
~.A~ ~--u ~-...-..__
James !raina .
David M DeMuth " ....
Broker
Broker
. 1 listed with another Realtor please disregard this lette
If your business is present y
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407-278-1420 BOX 1420 - DELRAY BEACH. FLORIDA 33447-1420 407-833-1420 *~:~'
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CIVIC ASSOCIATION
January 30, 1991
Mr. Tim Snow
Delray Beach Golf Course .
2200 Highland Avenue
Delray Beach, FL 33445 ,
Dear Tim:
I am embarrassed that almost three months have passed since our Association's
party at the Delray Beach Golf Course and I have failed in all that time
to write you and say "thank you" for your aid to our committee in the planning
stages, as well as your all-out support during the party. In any event, I
wish to belatedly do so now.
Your staff provided us with pleasant, courteous service. The rooms were clean
and set up properly, the hors d'oeuvres both plentiful and tasty. The
facilities were exactly what we needed for the 135 members who attended.
One more, Tim, I wish to thank you primarily for the help and effort that you
and your staff put forth to make the party easy for our committee and a
success for our members... Very good!
Sincerely,
t 4-~~ ~~"'-~
~
Charl.s M.Smlth
2110 Spanish Trail
DeI~y Beach. FL 33483
P.O. BOX 2473 DElRA Y BEACH, FLORIDA 33447-2473
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100 N.W. 1st AVENUE DELRA Y BEACH, FLORIDA 33444 407/243-7000
February 9, 1990
Ms. Kim Bregman
Vice President/General Manager,
Delray Golf, Inc,
2200 Highland Avenue
Delray Beach, Florida 33444
Re: Restaurant Cooler-A/C Units ,
Dear Kim:
On Friday, February 9, 1990, I met with Mr. Scott Hoffmann the City's
Air Conditioning Contractor, at the Golf Course to review possible air
conditioning and beer cooler problems.
The beer cooler was working on December 1, 1989, when Mr. Hoffmann
inspected the facility. The cooler now needs freon gas and a starter
cap. We are having this fixed at the City's expense. However, from
this time forward, per contract agreement maintenance and repair items
under $2,500 are the licensee's responsibility.
The air conditioning systems in the bar area and ladies locker room
were inspected. The systems are operational, only needing a freon
charge. We have taken care of this item, however, future maintenance
. and repair items under $2,500 are the licensee's responsibility.
U' supplying the area aff the bar/small dining
1..,0. ..... j A~ ;'{l~. p:"V~.C;;~:~~sed",,4J.M~!,:,,~9 the .~~.,. this
/(,.6ing resal ution .,,.<< "ei.ubftauserenavatiOfti'.;r):.,tJ'fi yo...
.on. please call me.
Sincere~y, ItJ!tt9~ 70 (II? ?-\
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CL uf} House. I~ !lorf)
Robert A. Barcinski
Assistant City Manager ~.
Community Services
RAB : kwg
THE EFFORT ALWAYS MATTERS
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EXHIBIT "e"
Bar Pricing
Mixed Drinks
Well Stock $1. 50
Call and Multi Liquor $2.00
Premiwn Liquors $4.50
(Includes Johny Walker Black, Baileys, Drambuie, Grand Marnie,
Kahlua, Sambuca, and eoulvoisier)
Speciality Drink Price List (per attached) .-
Beer and Wine
Domestic $1.5Q ,
Imported $2.09
Bar Special $1.25
Wine $1. 75
FOOD SERVICE
Breakfast $1.75 - 3.00
Lunch Sandwich $2.50 - 4.50
Lunch Special $4.50 - 6.50
Dinner Manager's discretion
.
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EXHIBIT "e"
Bar Pricing
Mixed Drinks
Well stock $1.50
Call and Multi Liquor $2.00
Premium Liquors $4.50
(Includes Johny Walker Black, Baileys, Drambuie, Grand Marnie,
Kahlua, sambuca, and eoulvoisier)
speciality Drink Price List (per attached) .-
,
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Beer and Wine ~/- sf! 1-' f,2/L
Domestic $l,,~(} 0~ {lL/17
Imported $2.00 :Lrv iJ I? r
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Bar special $1.25 1J r.(cyv<""
Wine $1.75 ( C'r-J I
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FOOD SERVICE /ffz.tL(~"
Breakfast $1.75 - 3.00
Lunch Sandwich $2.50 - 4.50
Lunch Special $4.50 - 6.50
Dinner Manager's discretion
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~
SUBJECT: AGENDA ITEM # cr J) - MEETING OF MAY 14, 1991
INTERLOCAL AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY
SCHOOL BOARD
DATE: Ma y 9, 1991
This interlocal agreement provides the framework necessary to
implement a recommendation made by the Delray Beach/School Board Task
Force for the construction of a new elementary school to be located on
a site south of Linton Boulevard and east of Military Trail.
Provisions of the agreement are as follows:
-School Board shall identify and endeavor to acquire a
suitable 20+ acre school site and provide for construction of
the elementary school for occupancy during the 92/93 school
year.
-City will pay necessary fees for annexation and rezoning of
the property.
-City shall prepare the construction design for water and
sewer system improvements, including downstream lift stations
and street improvements with attendant drainage.
-School Board will provide funding for the installation of a
water main and a sewer main from Military Trail right-of-way
to the elementary school site.
-City shall be responsible for 100% of the costs for
construction of improvements which are necessary to provide
for looping water and sewer lines and for oversizing of such
facilities over and above sizes required for the elementary
school.
-School Board will provide funding for the installation of
two lanes of street pavement for that portion of the public
access street from Military Trail to school entrance.
-City shall be responsible for 100% of the costs for
construction of a public street system beyond that necessary
to access the elementary school, including additional width,
turn lanes, traffic signals, and intersection improvements on
Military Trail.
-City shall be responsible for bidding and contracting for
the construction of water, sewer and roadway improvements.
Recommend approval of the Interlocal Agreement between the City and
Palm Beach County School Board for the development of Elementary
School "S" to be located south of Linton Boulevard and east of
Military Trail.
. CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 May 09,91 4:38 P.03
I
, ... ~, l \~~I"'.'~ ,;,i, :1."; ..."
[IT' DF DELAAY BEA~' .
....................'.....\:t.1t1fCi...,,,. .,',...........'~'Wt~.,....,'
. ,
CITY A....ORNEY.S OFFICE 310 S.B. ht STREET, SUITE 4 · DELRAY BEACH, FLORIDA 33483';'i! ftc",
HI I 401/243-7090 . TELECOPJER 407/278-4755
MEMORANDUM
Oate: May 9, 1991
~: City Commission
_~. _~H-,\ _F~~~: "'David N. Tolces, As~:!-.~,1;!I?-_~..City Attorn~:~
" ~" ...1 <y" .,
. Subject,: Interlocal Agreement Between the school Board ot Palm
Beach . 'county and the city Regarding Elementary School.
4.;"~ ..~ ItS" ' "
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~ 1r ~. '~ . ~ . . t \ . '. ~ t .!': ,'....
,'i .' This' lnterlocal Agreement is before you tonight for approval.
, , Pursuant, to the. recommendation of the Delray Beach/school'Board
I~.I\. ~"Ta5kPorce ,Consensus statement, the City Attorney'sOfflce has
'. ; !",'!;c:U:afted an agreement with the School Board of-'Palm-Beach-'County
':.;'lh order" to obtain a commitment for the development. of an
h ,; i. :;i "lfr ;e.;L~ellta;ysQho~l. at the., v~cant land south" of. Linton, Boulevard
~..,"..~~.,~ast ,,0;. ,Ml.ll. tary Tral.~., ,< Th~ a~re~t. stat;:es;~ .~~ tp.e,
~.. . ~.' ,t1~~q~'H~d shall endeavor to acqw.rea suitable to+ acre
, . . ' 'fI'sc11001 site. at the desired location. The. construct.to~ of the
. new elementa'ry school will take place so" tli8:t -occupancy- can'
. . occur during the 1992-93 school year. The property will
; . .~.... ':. ~,', 'i.u~timatelY be annexed into the City I' and the City, upon receipt
ii..-\r' <Y';ov-l'l of conceptual site plan, ;shall commence the
t.l~ ~ ,.., ~,.... ~)~<, ~$g9,~ +01: w~ter system and sewer system improvements so
. ...., 'i' 1".~'r-""tt.t'ia .a~qua,t7."serV.l..ce can be provided to the elementary school.
',It., '. P'inal1y~ . the. 'School Board shall provide the funding for the
: :~ 'I " .'... instal.la..tion of two lanes of street pavement for that portion
. ; of public access from Military Trail to the school entrance.
11l'li .
DNT:sh
Attachment
cc: David Harden, City Manager
. .- - ~.. - - '. .-- ,_..._--~ - -
,
, CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Ma~ 09,91 4:39 P.04
.
"
I INTERLOCAL AGREEMENT
,-
THIS AGREEMENT, entered into this day of
, 1991, between the SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA, a corporate body politic pursuant to the
Constitution of the state of Florida, (hereinafter referred to
- as n SCHQOLBPARD") , and the CITY OF' DELRAY B~9H, a Florida
i municipal corporation, (hereinafter ref-erred to as "CITY").
, .
WIT N E SSE T H: . "' ,4' -._"" 4-l'~':+,''' ,\ .,.
;,:.::....1.4 1" .' d" ;,.
WHEREAS, it is the intent of the ' Local Goverrunent
,
i
Comprehensive Planning and Plan Development Regulation Aot,
l)i; ,:\' ·
It F.S. 163.3161(4), to encourage and ensure cooperatian',between
I
and among the local governmental entities to provide for -the",'
I: coordinati..on activitie.s of ~, ;.,.~,.:t~~. " ; . '"
of development units ", of: local..
govermnent.; and
i
, WHEREAS, the SCHOOL BOARD is the controlling body of
"
I the PUblic Schools of Palm Beaoh County, Florida, and does ,~
~, t'
1 .':;' ,
and operate schools in the City of Delray Beach; and
WHEREAS, the CITY, under. its powers, is desirous that
.
llIlder i-ts required procedure that the integrity of its
Comprehensive Land Use Plan is maintained; and
WHEREAS, this Agreement is entered into under the
authority of Section 163.01, Florida Statutes; and
WHEREAS, the SCHOOL BOARD and the CITY recogni~e the
recommendation of the Delray Beach/School Board Task Force
1
. CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 May 09,91 4:40 F'.05
Consensus Stat.ement for the construction of a new elementary
school designated as Elementary School "S"; and
WHEREJ\S, the SCHOOL BOAlW has identified as a
suitable location vacant lanc1 south of Linton Boulevard and
east of Military Trail as shown on Exhibit "A".
NOW, THEREFORE, for and in consideration of the
covenants herein contained, the parties agree as follows:
1. The SCHOOL BOARD shall_identify and shall endeavor to
acquire a suitable, 20+ acre school site to be
located wi thin the area identified on Exhibit HAil.
Said acquisition shall be conducted in a manner
consistent with state statutes and School Board
policies in existence ..at the time of acquisition.
2 . The SCHOOL BOARD shall provide for the construction
........of a new elementary school for occupancy dur in9 the
92/93 school year.
3. The CITY shall, upon receipt of a petition from the
record owner of the property, at its cost,
iIlmlediately commence annexation and zoning proceeding
as necessary to accommodate a public school on t rl';>
property.
4. The CITY shall, at. the request of the SCHOOL BOARD,
assist the SCHOOL BOARD in obtaining the cooperation
and/or approval of other jurisdictional agencies.
5 . The CITY shall, upon receipt and approval of a
ccmceptual site plan, conunence the construction
design for water system improvements, sewer system
2
. CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 May 09,91 4:40 F'.06
improvements (including downstream lift stations, and
street improvements with attendant drainage) which
are necessary to properly provide such services to an
elementary school.
6. The SCHOOL BOARD shall provide funding for the
installation of a water main and a sewer main from
the Milita.ry Trail right-of-way to the elementary
school site. The SCliOOL BOARD shall pay reasonable
connection fees for water and sewer services.
7, The CITY shall participate at a level of 100% for the
construction of improvements which are necessary to
pL'ovide water and sewer systei11s integrity (looping of
water mains, lift. station upgrades, etc. ) , and for
oversizing of such facilities over and above sizes
'--"~-.l'equired from an elementary school.
8. The SCHOOL BOARD shall provide funding for the
installation of two lanes of street pavement
(standard section with adjacent sidewalk) for that
portion of the public access street from Military
Trail to the school en~rance.
9. The CITY shall participate at a level of 100% for the
construction of a public street system beyond t.hat
necessary to access the elementary school, including
such items as addit1.onal width, turn lanes, traffic
..." I ..,
signals, and intersection improvements on Military
Trail.
3
. CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 May 09,91 4:41 P.07
I .
10. The CITY shall be 1:espons1ble for bidding and
,
, contracting for the construction of the water,
I sewer
!
and roadway improvements described above.
i
I 11- In the event that litigation shall be necessary for
I
I the enforcement of this Agreement on behalf of either
I
party, then the prevailing party shall be entitled to
I
i
! reasonable attorneyst fees and costs incurred in said
I
I litigation.
~ -
12. This Agreement may be modified only by mutual
i
resolution of the parties' respective governin9
I
,
I bodies.
!
I 13. This Agreement shall be recorded in the Public
,
I
! Records of Palm Beach ~ounty, ~lorida.
i
,
, 14. This Agreement may be t.erminated in its entirety by
!
I --.....~ ei ther party giving to the other party, written
notice at least one hundl-ed eighty (180) days prior
i
I to the date of termination.
1
I 15. All notices herein required, permitted to be given to
;
or served upon either party shall be in writing. Any
such notice shall be deemed sufficiently given or
.
served, if served personally, sent Certified mail by
the United states l'<1ail, or by any nationally
recognized overnight carrier to t.he SCHOOL BOARD or
the CITY at the address set forth as follows:
I ----.. n, ,.._ .~, ... n._ ,._, .,. _ - -~ - . ,
As to School Board: SCHOOL BOARD 01"
PALM BEACH COUNTY, FLORIDA
Office of General counsel
3970 RCA Boulevard, Suite 7010
?alm Beach Gardens, Florida 33410-4272
4
. C IT{ R T TOR N E Y , S 0 F F ICE TEL No. 407 278 4755 May 09,91 4:41 P'.08
.
With Copies to: Thomas J. Mills
Supe.rlntendent
3910 RCA Boulevard, Suite 1011
Palm Beach Gardens, Florida 33410-4272
As to City: eITY OF DELRAY BEACH, FLORIDA
Office of the city Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
with Copies to: David Harden, City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
15. This Agreement shall be construed in accordance with
the Laws of the state of Florida.
16. If any term or provision of this Agreement shall, to
any extent, be deemed invalid or unenforceable, the
remainder of this Agreement Shall be valid and shall
be enfo~ced to the fullest extent of the law.
IN WITNESS WHEREOF, this Agreement has been executed
--
-..
by the parties herein on the day and year first above written.
Signed in the presence of: SCHOOL BOARD OF
P1\I.M BEACH COUNTY, FLORIDA
--
J3y~ Lynda M. Johns~on,
Chairman
,
As to the Boax'd Attest: Thomas J. Mills,
Super.intendent
(SEAL)
. . . ,~.. - '... . .......... ..
S
. CI'TY RTTOR~~EY' S OFFICE TEL No. 407 278 4755 May 09,91 4:42 p . i)9
. .
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By; Thomas Lynch, Mayor
City Clerk
Approved as to Form;
City Attorney
,-
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERV/A./
SUBJECT: AGENDA ITEM # q e - MEETING OF MAY 14, 1991
GULF STREAM BOULEVARD BEAUTIFICATION PROJECT
DATE: May 9, 1991
At your March 13th regular meeting the Commission, by consensus
postponed action on the design proposals for the Gulfstream Boulevard
Beautification Project in order to allow review by a professional
landscape architect. It was deemed appropriate to have the plans
reviewed by the City's Site Plan Review and Appearance Board as there
are two Landscape Architects and two Architects currently serving on
the Board. At your March 13th meeting two landscaping schemes were
proposed:
1. Scheme One consisted of providing Live Oaks on 40 foot
centers, Dwarf Bougainvillea and Dune Sunflower alternating at
the ends of the medians for color. Bahia sod would be placed in
the balance of the medians. The cost estimate for this scheme is
$13,500.
2. Scheme Two consisted of providing massive shrub and ground
cover plantings around the Live Oaks in the center portion of the
median. Medians would alternate with groupings of Hamelia ~atens
surrounded by Spider Lilies, and/or Necklace Pods surrounded by
Dwarf Bougainvillea. The cost estimate for this scheme is
$22,000.
The SPRAB by consensus supported Scheme 2, however proposed changing
the Oaks to Mahogany Trees on 30 foot centers and using Royal
Poinciana at the end of each median. The Board stated they would also
support Scheme 1 provided the same tree changes were made. The cost
for Scheme 1, as modified, is $18,224, plus $12,000 projected
irrigation costs. The cost for Scheme 2, as modified, is $27,186,
plus $14,000 for irrigation costs.
Subsequently, Commissioner Andrews provided a sketch of a typical
median utilizing Washingtonia Palms and Royal Poinciana Trees, with
the balance of the medians being planted in shrubs and ground cover
without sod. The cost estimate for this scheme is $48,548.50, plus
$16,000 projected irrigation costs. At the time the agenda was
complete Commissioner Andrews was reviewing his proposal to reduce the
costs. The revised information will be presented at your Tuesday
evening meeting.
The Commission will need to decide which scheme will be used.
~~ ~#3
-
MEMORANDUM
To: David Harden, City Manager
From: Lula Butler, Community Improvement Director
Re: GULFSTREAM BOULEVARD - DESIGN PROPOSALS & COST ESTIMATES
Date: May 1, 1991
At their March 13, 1991 Commission meeting, the Commission reviewed the
two landscape concepts presented for Gulfstream Boulevard that were
prepared by Nancy Davila. Commissioner Andrews had concerns that the plans
were not done by a Lan4scape Architect. The consensus was that the plans
should be reviewed by 'professionals', and the acceptance of either scheme
was postponed.
It was deemed appropriate to have the plans reviewed by the City's Site Plan
Review and Appearance Board, SPRAB, as there are two Landscape Architects
and two Architects currently serving on the Board.
As you may recall. Scheme # 1 included Live Oak trees planted on 40 foot
centers, with ground covers at the ends of the medians, and the balance
planted in Bahia sod. Scheme # 2 also included the Live Oaks, but allowed
for a layered massing of shrubs and ground covers surrounding two to three
oaks within the median.
If was the consensus of SPRAB to go with Scheme # 2, but to change the
proposed Oaks to Mahogany Trees on 30 foot centers and use a Royal Poinciana
at the end of each median.
The Board stated that they would support the same tree changes and go with
Scheme # 1 if budget contraints became a problem.
Since that time, Commissioner Andrews presented a sketch of a typical
median, utilizing Washingtonia Palms and Royal Poinciana Trees with the
balance of the medians being planted in shrubs and ground covers, without
any sod.
Nancy Davila has taken the sketch provided by Commissioner Andrews and
prepared a detailed drawing for the entire roadway. She has also taken the
concept for Scheme # 2 and prepared a landscape plan.
Although Nancy has not prepared a drawing for Scheme # 1, it is very easy to
look at Scheme # 2 and visually remove all the ground cover, except at the
very ends of the medians. The estimates for the three schemes are listed
below:
1
.
SCHEME II 1
Royal Poinciana - 10 @ $270 $ 2,700.00
Mahogany Trees - 35 @ $250 8,750.00
Spider Lily - 480 @ $4 1,920.00
Dwarf Yellow Lantana - 520 @ $3 1,560.00
21,490 s.f. Bahia Sod @ .13 s.f. 2,793.70
Mulch 500.00
-----------
Total Landscape Costs $18,224.00
Projected Irrigation Costs 12,000.00
-----------
Delray and Boynton's share ($15,112.00) $30,224.00
SCHEME II 2
Royal Poinciana - 10 @ $270 $ 2,700.00
Mahogany Trees - 35 @ $250 8,750.00
Spider Lily - 1,110 @ $4 4,440.00
Necklace Pod- 225 @ $8.50 1,913.00
Dwarf Yellow Lantana - 1,360 @ $3 4,080.00
Scarlet Bush - 195 @ $8.50 1,658.00
16,500 s.f. Bahia Sod @ .13 s.f. 2,145.00
Mulch 1,500.00
----------
Total Landscape Costs $27,186.00
Projected Irrigation Costs 14,000.00
----------
Delray and Boynton's share ($20,593.00) $41,186.00
SCHEME il 3
Royal Poinciana - 16 @ $270 $ 4,320.00
Washingtonia robusta Palms - 96 @ $80 7,680.00
Dwarf Oleander - 449 @ $8.50 3,816.50
Dwarf Yellow Lantana - 3,634 @ $3 10,872.00
Spider Lily - 4,715 @ $4 18,860.00
Mulch 3,000.00
----------
Total Landscape Costs $48,548.50
Projected Irrigation Costs(all heads have to be 16,000.00
on risers to reach above ground covers) ----------
Delray and Boynton's share ($32,275.00) $64,549.00
Please keep in mind that each City can anticipate and annual maintenance
cost $5 to $6 thousand in addition to the one time cost for project
installation.
2
. /f'~ ..3/13
. ~
- LAnoS/!ApE- 1Je.eh,--kef 1-0
MEMORANDUM 'Rwlw.; plllns
TO: MAYOR AND CITY COMMISSIONERS V db.1w r 3}~'
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # - MEETING OF MARCH 13 1991
GULFSTREAM BO MEDIAN LANDSCAPING
DATE: March 6, 1991
At your August 28th regular meeting, the Commission directed staff to
pursue a joint agreement with Boynton Beach for the beautification of
the Gulfstream Boulevard medians. Subsequently our
Horticulturist/Special Projects Coordinator was assigned to coordinate
with Boynton in determining the scope of this project and development
of an agreement.
This project consists of irrigating and landscaping six medians on
Gulfstream Boulevard located between Seacrest Boulevard and Dixie
Highway. The median closest to Seacrest Boulevard is 13 feet in
width, the other five medians are 18 feet in width. The combined
lineal footage of the medians is 1,378 feet. Two landscaping schemes
were developed:
1. Scheme One consists of providing Live Oaks on 40 foot
centers, Dwarf Bougainvillea and Dune Sunflower alternating at
the ends of the medians for color. Bahia sod would be placed in
the balance of the medians. The cost estimate for this scheme is
$13,500.
2 . Scheme Two consists of providing massive shrub and ground
cover plantings around the Live Oaks in the center portion of the
median. Medians would alternate with groupings of Hamelia Patens
surrounded by Spider Lilies, and/or Necklace Pods surrounded by
Dwarf Bougainvillea. The cost estimate for this scheme is
$22,000.
The initial design concept provided for the use of Boynton Beach city
water for irrigation of the medians. Subsequently, Boynton has
requested that a well be included in this project. The cost estimate
to provide a well to irrigate this project is $5,500. The irrigation
system installation cost estimate is $14,000.
Additionally, the cost for landscape maintenance is estimated at
$8,000 per year.
Boynton Beach has reviewed this proposed project and supports Scheme
One. In addition to equally sharing the costs for the project, they
are prepared to enter into an agreement whereby t.hey will be
responsible for:
-Removal of existing Ficus trees in medians
-Repairs to existing curbing
-Preparation of landscape maintenance specifications
-Coordination of landscape maintenance bid
-Administration of landscape maintenance contract
-Maintenance of the landscape irrigation system
-
AGENDA REPORT
Meeting of 3/13/91
-All costs associated with the maintenance of the well system
Under the proposed agreement we would be responsible for:
-Preparation of landscape design and specifications
-Coordination and cost of obtaining irrigation plans and
specifications
-Coordination of landscape and irrigation bids
-Administration and field inspections for installation of
landscaping and irrigation
As proposed the total cost of this project, using Scheme One, is
estimated at $41,000. Our share, approximately $16,500, is available
in the 1987 Utility Tax/Parks and Recreation Median Improvements
(Account No. 333-4141-572-61.15) . Account balance is $20,958.83. Our
share of the costs for annual maintenance of $4,000 is available from
Beautification Trust - Contract Maintenance (Account No.
119-4144-572-33.49). Account balance $187,261.
Recommend approval of Scheme One for the landscaping of the Gulfstream
Boulevard Medians and authorize staff to enter into an inter local
agreement with Boynton Beach for the joint sharing of this project.
PROJECT RECAP
Capital Cost:
Install Landscaping (Scheme 1 ) $13,500
Install Irrigation 14,000
Install Well 5,500
$33,000
Delray Beach Share: 50% or $16,500
Annual Maintenance Cost $ 8,000
Delray Beach Share: 50% or $ 4,000
- 2 -
"'1
rrhe' C"ity of 3 (/3 d'
'Boynton 'Beach
100 'E. 'Boynton 'Beach 'Boulevard
P.o. 'Bo{. 310 .
'Boynton 'Beacli., 'Jfonda 33425.0310
City :J-{af[: (407) 734.8111
J';U: /401) 738.7459 FEB 28 19"
~.
February 26, 1991 .
Mr. David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear David:
The Gulfstream Boulevard Median Landscaping project has been reviewed by
Boynton Beach staff in regard to your letter dated January 15, 1991.
We agree to the recommendations as you outlined in your letter, which include
Boynton Beach being responsible for; preparing the landscape maintenance speci-
fications, coordinating the landscape maintenance bid, administering the
landscape maintenance contract, and maintaining the landscape irrigation
system.
Since the initial proposal prepared by Kevin Hallahan, our
Forester/Environmentalist, and Nancy Davila, your Horticulturist, one
change in the installation design is hereby proposed. Based on aur desire
to develop a strong water conversation policy, a well system rather than
City water is proposed to be used to irrigate the median. This additional
cost of $5,500 would thus be added onto the installation cost, originally
proposed at $27,500 per Nancy Davila's memorandum dated October 5, 1990,
reference said project.
Attached hereto please find a copy of Recreation and Park memorandum
#91-052 further outlining City staff's comments reference this landscaping
project. If Delray Beach is agreeable to this proposal then, I suggest
that we both move forward and attain appropriate. approvals from our respec-
tive City Commissions to move ahead in constructing the Gulfstream
Boulevard Median Landscaping project. I look forward to your reply.
Sincerely,
CITY OF BOYNTON BEACH
~
A A
-- l .
J. Scott Mill er
City Manager ,
J SM : j b
Attach.
cc: Honorable Mayor & City Commission
Central File 5tmerica's gateway tv the (julfstream
. "
RECREATION AND PARK MEMORANDUM 1191-052
TO: J. Scott Miller. City Manager
FROM: Charles C. Frederick. Director of Recreation & Parks ~~
SUBJECT: Gulfstream Boulevard Median Landscaping
DATE: February 20, 1991
The project has been reviewed by staff in regard to the letter from David
Harden, Delray Beach City Manager. We agree to the recommendations as
outlined, which include:
1. Boynton Beach will:
- Prepare landscape maintenance specifications
- Coordinate the landscape maintenance bid
- Administer the landscape maintenance contract
- Maintain the landscape irrigation system
Since the initial proposal prepared by Xevin Hallahan, our Foresterl
Environmentalist, and Nancy Davi la, Delray's Horticulturist, one change in
the installation design is proposed. Based on our desire to develop a strong
water conversation policy, a well system rather than City water will be used
to irrigate the median. This additional cost is added into the installation
cost which follows.
A final summary of estimated costs and responsibilities based on the above
information for Scheme #1 is as follows:
Installation Costs................................................. .$33,000
Landscaping Installation.............$13,500
Irrigation System Installation.......$14,OOO
Well Installation (1)................$ 5,500
Delray Beach and Boynton Beach to share installation costs, estimated at
$16,600 each.
Landscape Maintenance Costs.........................................$ 8,000
Delray Beach and Boynton Beach to share this cost equally, estimated at
$4,000 each.
Irri~ation Well Maintenance Costs
1007. of costs assumed by Boynton Beach
If funds are available, and Delray Beach is ..greeable to this proposal, I
recommend we proceed with requests for approval from each City Commission as
the condition of this median has generated many citizen complaints. .-
CCF:cm
F[S ~'? 1:':;]
- -, - -.
------'
.
IIT' DF DELRAY BEA[H
100 NW 1st AVENUE DELRAY BEACH. FLORIDA 33444 40- 24: . :
January 15. 1991
Mr. J. Scott Miller
City Manager
P.O. Box 310
Boynton Beach, Florida 33425-0310
Dear Scott:
The Delray Beach City Commission recently requested our staff to work with
your's to draft a joint agreement for the beautification and maintenance of
Gulfstream Boulevard. The attached report was prepared by our
Horticulturist, Nancy Davila. and represents the initial discussion she had
with your Forester/Environmentalist, Kevin Halahan.
I have since met with Delray's Director of Parks and Recreation relative to
the items that were listed as being the responsibility of the City of Delray
Beach. I feel that we can support these recommendations with the exception
that the City of Boynton Beach should be responsible for preparation of the
landscape maintenance specifications. coordination of the landscape
maintenance bid, administering the maintenance contract, and the maintenance
of the irrigation system. This change seems appropriate since the medians
are actually in Boynton Beach..
Mrs. Davila can provide your staff with a copy of the maintenance
specifications we have been using on our projects if this would be helpful.
Gulfstream Boulevard has the potential of being an asset to both our
communities and I am hopeful that we can reach a consensus on areas of
responsibility so that we can seek approval from our respective Commissions
in the very near future. Both I and my staff are available to meet at your
convenience to finalize an agreement.
Sincerely,
tiJ-r~
DAVID HARDEN
City Manager
....
cc: Lula Butler, Community Improvement Director
"T"" _ r-_____ ^ . ... . . ..~ "A . _~ _ _ _ _
I,,,
M E M 0 RAN DUM
To: Lula Butler. Community Improvement Director
From: Nancy Davila. Horticulturist/Special Projects Coordinator
Re: GULFSTREAM BOULEVARD LANDSCAPE IMPROVEMENTS
Date: October 5. 1990
Per the City Commission's direction, I have met with Kevin Hallahan from the
City of Boynton Beach to pursue a joint agreement for the beautification of
the medians on Gulfstream Boulevard. Mr. Hallahan and I have completed the
site analysis and offer the following recommendations for consideration:
ITEMS TO BE THE RESPONSIBILITY OF THE CITY OF BOYNTON BEACH
---- ----
- Extension of water lines into medians and installation of water meters.
- Removal of existing Ficus trees in medians.
- Payment of monthly water service charge.
- Tree pruning (ongoing).
- Repairs to existing curbing.
ITEMS TO BE THE REPONSIBILITY OF THE CITY OF DELRAY BEACH
---- ----
- Landscape design and specifications.
- Coordination and cost of obtaining irrigation plans and specifications.
- Coordination of the landscape and irrigation bids.
- Administration and field inspections for installation of landscaping and
irrigation.
- Maintenance of irrigation system after installation. including bi-monthly
inspections of system with landscape maintenance contractor.
- Preparation of landscape maintenance specifications.
- Coordination of landscape maintenance bid.
- Administration of landscape maintenance contract.
-4
1
. .
, . .
EXPENDITURES TO BE SHARED BY BOTH CITIES
-- --
- Installation of landscaping and irrigation by contractor.
- Landscape maintenance to be done by private contractor.
LANDSCAPE DESICN CONCEPTS AND ASSOCIATED COSTS
The project consists of irrigating and landscaping 6 medians on Gulfstream
Boulevard located between Seacreast Boulevard and Dixie Highway. The median
closest to Seacreast Boulevard is 13 feet in width and the rest are 18 feet
in width. The combined lineal footage of the medians is 1,378 feet, with the
medians ranging from 80 feet in length to 300 feet in length.
As this represents significant square footage, the elimination of all sod in
the design is not practical from an economic standpoint. Estimates for two
design schemes have been prepared and are presented below.
Scheme /i 1 is a very simplistic approach which would provide Live Oaks on 40
foot centers, Dwarf Bougainvillea and Dune Sunflower alternating at the
ends of the medians for color, and Bahia sod in the balance of the
medians. The estimate for this scheme is $13,500.00.
Scheme # 2 provides for massive shrub and ground cover plantings around the
Live Oaks in the center portion of the median. Medians would alternate with
groupings of Hamelia Patens surrounded by Spider Lilies and Necklace Pod
surrounded by Dwarf Bougainvillea. Although Bahia sod would be utilized
within the medians, this planting would still qualify as a Xeriscape
planting as drought tolerant plant materials will be used, and
specifications will include soil amendments, polymer acrylic hydrating gels,
mulch and an irrigation system designed to water the turf separately from
the trees, shrubs and ground covers. The cost estimate for this scheme is
$22,000.00. -- -- -
IRRIGATION DESIGN CONCEPTS AND ASSOCIATED COSTS
As the City of Boynton Beach is providing 'city water' to the medians, wells
and pumps will not be required. A source of electrical power would be needed
to operate the controllers. This power source can either be from FP & L or
from the use of solar powered collector/controllers. The additional cost for
the solar controllers would probably be no more than the cost that would
otherwise be incurred doing pavement cuts to run a conduit from the power
poles to the controllers.
Irrigation is estimated to be $14,000.00
PROJECTED MAINTENANCE COSTS
Based upon costs for similar areas maintained i~ the City of Delray Beach
for contracted maintenance, I am projecting that annual maintenance costs
which would include mowing, edging, shrub pruning, fertilization and pest
control would be approximatley $8,000.00 to $10,000.00
2
, .
. . . . ".
TOTAL EXPENDITURES TO BOTH CITIES
SCHEME #1 - LANDSCAPING $13,500 DIVIDED $ 6,750.00
IRRIGATION $14,POO DIVIDED 7,000.00
---------
INITIAL INSTALLATION COSTS $13, 750.00
ANNUAL MAINTENANCE $8,000 DIVIDED 4,000.00
---------------------------------------------------------------------
---------------------------------------------------------------------
SCHEME #2 - LANDSCAPING $22,000 DIVIDED $11 ,000. 00
IRRIGATION $14,000 DIVIDED 7,000.00
----------
INITIAL INSTALLATION COSTS $18.000.00
ANNUAL MAINTENANCE $10.000 DIVIDED 5.000.00
Please keep in mind that these estimates have been provided without the
benefit of any actual landscape or irrigation design plans and will no doubt
vary when doing a 'take-off' from the future designs.
Upon concept approval by both the cities. and at your direction. I will
prepare the landscape design and coordinate the other activities associated
with this project in conjunction with the efforts of the City of Boynton
Beach.
'"
3
$,0
MEMORANDUM ~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 1~ - MEETING OF MAY 14, 1991
AUTHORIZATION TO SUBMIT A JOINT APPLICATION
DATE: May 9, 1991
This item is before you to authorize staff to submit a joint
application through the Northern Palm Beach County Water Control
District to the U.S. Environmental Protection Agency for a National
Pollutant Discharge Elimination System (NPDES) Municipal Permit.
The Federal Government has mandated through the Clean Water Act that
municipalities and private industries apply for NPDES Permits. The
permitting process consists of filing a two part application. The
first part of the application must be submitted by May 18, 1992 and
must contain the following information:
-status of legal authority to control discharges
-location of outfalls and major control structures
-land use description, location of industrial activities
-discharge characterization
-field screenings
-determination of major outfalls
-status of existing management programs
The second part of the application is due on May 17, 1993 and must
contain the following information:
-demonstration of legal authority to control discharge
(ordinances)
-source identification for major outfalls
-discharge characterization
-five year monitoring plan
-a proposed management plan.
If we were to separately submit this application, the estimated cost
to the City would exceed $300,000. Funding has been provided for in
the proposed 1991/92 Environmental Services budget. Several
alternatives exist with regard to submitting a joint application. We
could submit a jOint application with Palm Beach County Department of
Environmental Resources Management (DERM), with a South county
municipal groupj or, with the Northern Palm Beach eounty Water Control
District.
The disadvantage to submitting a joint application with DERM is that
they have very little support from the municipalitiesj have not
budgeted any funding for this programj and, have suggested that they
may want to pass certain County-wide water quality ordinances as a
result of this program. While the formation of a South County group
has its advantages, it offers limited cost sharing. Lastly, the
NPBCWCD appears to have very strong support from the municipalities.
NPBCWCD has retained Mock Roos as their Civil Engineering consultant.
You may recall that we recently selected Mock Roos as one of our Civil
AGENDA REPORT
Meeting of 5/14/91
Engineering consultants to prepare our Stormwater Master Plan.
Because the NPDES application and Stormwater Masterplan overlap in
many areas, much of the information can be interchanged; and thus a
cost savings realized. Additionally, it should be noted that the lead
applicant has no authority over the co-applicants. Each will still
retain the right to negotiate the conditions of its sub-permit
directly with EPA. A detailed staff report is attached as backup
material for this item.
Recommend staff be authorized to submit a joint application through
Northern Palm Beach County Water Control District to the U.S.
Environmental Protection Agency for a National Pollutant Discharge
Elimination System (NPDES) Municipal Permit; and approve an interlocal
agreement which provides for such.
- 2 -
t
if
.
Agenda Item No.:
AGENDA REQUEST
Date: 5/3/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 5/14/91
Description of agenda item (who, what, where, how much): National
Pollutant Discharge Elimination System Municipal Permit Application.
Confirm intent to enter in!?a joint application with a group of municipalities
and special drainage district~ led by Northern Palm Beach County Water Control
District.
ORDINANCE/ RESOLUTION ~~UIRED: YES@ Draft Attached: YES/NO
Recommendation: To obtain commission approval to pursue entering this ioint
application, because of the substantial cost savings it will offer to the City
...
Department Head Signature: ~ 4/ $L3~~.. ~dl S-,h/Cf(
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!7v(
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN, eITY ~N~GER ,AiUR/L-(/CkZ/ . ....: .
THRU: WILLIAM GREENWOOD 7<ldf<a",o ?i'/.. J< U-r' f t;..J::.ubJ
DIREeTOR OF ENVIRONMENTAL SERVICES ~~j/91
FROM: ROBERT B. TAYLOR, JR. , P.E. ~/fr
DEPUTY DIRECTOR OF ENVIRONMENTAL SERVICES/PUBLIC
WORKS
DATE: MAY 6, 1991
SUBJECT: NATIONAL POLLUTANT DISeHARGE ELIMINATION SYSTEM
(NPDES) PROGRAM
MUNIeIPAL PERMIT APPLICATION
As you know, we are in the midst of addressing the
requirements of this Federal stormwater discharge permitting
program. In doing so, we have a number of options regarding
the manner in which we submit our application to the United
States Environmental Protection Agency. Before I explain
those options I will give a brief overview of the program
and its requirements.
On November 16, 1990 the program was approved and the
regulations were included in the Federal Register.
Initially the group of affected municipalities and
unincorporated counties were those whose populations, as of
the 1980 census, exceeded 100,000. However, a statement in
the regulations allowed for the inclusion of certain
interconnected municipalities/counties at the discretion of
the Director. Palm Beach eounty was originally named in the
Federal Register as having an unincorporated population in
excess of 100,000, and at the discretion of the Director all
of the municipalities and special districts within the
eounty were included.
1 of 4
The application is made in two parts. Part 1 is due on May
18, 1992 and includes the following requirements:
- Status of legal authority to control discharges.
- Locations of outfalls and major control struc-
tures.
- Land use description, location of industrial
activities.
- Discharge characterization (rainfall, discharge
rate estimates, receiving waters, etc. )
- Field screening (dry weather sampling) to deter-
mine illicit discharges.
- Determination of major outfalls.
- Status of existing management programs.
In part l, the field screening is the most expensive item,
with data from previous studies indicating costs per sample
of approximately $ 100.00. The field inventory tasks are
currently being addressed by our Stormwater Utility crew.
Part 2 is due on May 17, 1993 and includes the following
requirements:
- Demonstration of legal authority to control
discharge.
- Source identification for major outfalls.
- Discharge characterization (wet weather sampling),
lab analyses, pollutant load and concentration
estimations.
- Monitoring plan for permit duration (5 years).
- Proposed management plan. This plan is submitted
to EPA, and when approved it becomes the condi-
tions of the permit.
As in Part 1, the field sampling and lab analyses are most
costly. Data from previous studies indicate that Part 2
requirements will be approximately $ 20,000/site with a
maximum of 10 sites.
2 of 4
Our options regarding submittal (ranked, in my opinion, from
least desirable to most desirable) are as follows:
1) Submit independently,
2) Submit in a joint application with Palm Beach
eounty Department of Environmental Resources
Management (DERM),
3) Submit in a joint application with a South County
municipal group, or
4) Submit in a joint application with a group led by
the Northern Palm Beach eounty Water Control
District (administered by Mock, Roos & Associ-
ates) .
Submitting a joint application is economically advantageous
because the costs of the application preparation and espe-
cially the sampling/analyses can be shared. If we submit
independently we could be responsible for sampling at all of
the City outfalls (up to 250) in Part 1 and 10 sites in Part
2. If we join a group, those numbers (250 and 10) can be
split up amongst the members. Therefore, based on economics
Option 1 would be a final alternative. The group being led
by DERM appears to have very little support from the
municipalities and special districts. I have been informed,
and DERM has not disputed the fact that they have not
budgeted any money for this program and that they may want
to pass certain eounty-wide water quality ordinances as a
result of the program.
Formation of a South eounty group would be advantageous in
that it offers some cost sharing, and would limit us to a
group that had common interests and among which coordination
of the program would be much simpler than a large group.
Lastly, the group headed by NPBeWCD appears to have very
strong support. On May 2, 1991, 21 municipalities and 5
special districts indicated interest in joining the group.
Among these were most of the potential members of a South
County group (Boca Raton, Boynton, Lake Worth). A number of
municipalities were not represented and so the number of
participants may increase. To give an example of the
magnitude of cost savings this may provide, consider the
Part 2 wet weather sampling. Ten sites at $ 20,000/site
would cost the City $ 200,000 if it submitted independently.
Assuming only 20 members joined this group, the cost would
be reduced to $ 10,000 (depending on the cost sharing
breakdown). This group has also been the most pro-active in
preparing for the program, due mainly to the insight of
NPBeWCD's consultant, Mock, Roos. Conveniently enough, Mock
Roos has been
3 of 3
selected as one of our eivil Engineering consultants, and is
planning to prepare our Stormwater Masterplan. Because
these two efforts overlap in many areas, much of the
Masterplan effort can be utilized in preparing the NPDES
application. The only drawback of this alternative is
coordinating an effort between this number of municipalities
and districts. All things considered, I believe this is our
best alternative.
A few things to remember are that the lead applicant has no
authority over the co-applicants, each co-applicant will be
able to negotiate the conditions of its sub-permit with EPA
directly, and that one permit will be written for Palm Beach
eounty no matter how many groups or individuals apply (this
permit will contain sub-permits or special conditions for
each co-applicant) .
NPBeWCD's legal counsel has provided a draft Interlocal
Agreement, and I have forwarded it to the City Attorney's
office for review. NPBCWCD is requesting that interested
parties have this agreement approved and signed by May 31,
1991. However, NPBCWeD would like a better idea of our
intentions by May 9, 1991. I will make myself available
this week to meet with you to answer any questions you may
have. Also, feel free to call me at 243-7337 with any
questions or comments.
RT:kt
cc: Mark Gabriel, P.E., Asst. Director of Environmental
Services/City Engineer
File: RTML53 - 91-77
4 of 4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~6- - MEETING OF MAY 14, 1991
APPOINTMENT OF A REGULAR MEMBER TO THE BOARD OF ADJUSTMENT
DATE: May 9, 1991
This item is before you to appoint a regular member to the Board of
Adjustment to fill the unexpired term of Kyle Kopytchak. Mr.
Kopytchak has resigned from the Board before the end of his term which
expires August 31, 1991. We have received applications from the
following individuals:
John G. Baccari (1) Dorothy Patterson
Scott Bechtle (2) Marc Shepard
Mark David Horace Waldman
(1) Currently serving on the Board of Construction Appeals.
(2) Currently serving as an alternate on the Board of Adjustment.
This is a Seat 1 appointment.
Recommend appointment of a member to fill the unexpired term of Kyle
Kopytchak to a term ending August 31, 1991.
me. mOlLW A-ppoin-l-e.cL 6~* B~+Ie...
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MEMORANDUM
TO: David T. Harden, City Manager
THRU: Alison MacGregor Harty, City Clerk~
FROM: Anita Barba, Board Secretary
SUBJECT: APPOINTMENT OF A REGULAR MEMBER TO THE BOARD OF ADJUSTMENT
DATE: May 9, 1991
On April 19, 1991, Mr. Kyle Kopytchak resigned from the Board of
Adjustment resulting in a vacancy on the Board for a regular member to
a term ending August 31, 1991.
The following persons have submitted their names for consideration:
John G. Baccari (currently serving as a member of the Board of
Construction Appeals)
Scott Bechtle (currently an alternate member on the Board of
Adjustment)
Mark David
Dorothy Patterson
Marc Shepard
Horace Waldman
Their resumes are attached for your review.
Per Code, the Board of Adjustment shall consist of five (5) regular
members and two (2) alternates. In order to qualify for membership, "A
member shall either be a resident of or own property in the City and/or
own a business within the City."
Based upon the rotation system adopted by the City Commission in March
of 1991, this appointment will be made by Commissioner Mouw (Seat #1).
nnboa.txt
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME 0~ G. e.6rCG~
.' I!;21tJ euc,~ ~ ~ ~ R-
HOME ADDRESS (Street, City, Zip Code) ([EGAL RESIDENCE)
C;CC N.~L- HUH. 8cGA ~
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE ~a. oo~6 BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING C,A.e ') ., (JF,~.
~S) OF ~QJ ~. a;lOl! &a~ 11),
~"""Nc8 ANP ZCNINe ~Ot
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) BtCAIVt"rON ~ C;,A... lIP DF ~ftfaI'r
EDUCATIONAL QUALIFICATIONS ~UCwS5 UNIV. et.c:H ~ ~1 t~~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
R&~. ~tT&CT J ~_I--n., ~t '-&C. ~'1S ~..~~.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
GeLF · 1rMA.Q1et)
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD IN SodJnt 11\., A~ ~ ~
~IIWS A.4:)tl'~. GJI!N. ~
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED, IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~ ~g-I/'f 'to
DATE 4/90
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME 0(!JOr/ C. BEUl77....€_
2CW 6,.iJ- 3?~AV~ . l'.)eMAY ~(W. ~J- .~ ~.?1-4~
aOME ADDRESS (Street, City, Zip C6ae) (LEGAL RESIDENCEj/
-55/ .s iT. {~'-mGi/ })eU;;4V
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 44Cf - q C; &6 BUSINESS PHONE 2A~- jt;q4
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~~~AI A/;~x.J)t ,
-'
f6J..1Ck/t:/4L .61). oP ~~~~<. '" BOelV' do. o-f' A.clj lJ st ~e l'\ -1
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
.dQA/~
EDUCATIONAL QUALIFICATIONS 146 - Aac.T6 .
.A/f~,q - h4~~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
-
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ~~~~,-~~~~~
l)c-L~41J' /R ~61.cW..~L ~ - (fi/!hrj P'VIE-II/
f #.
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD _ ~ ~
6tA~ r--~../ . ~M-1~ a./. . .
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENt OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~dd r/9/ .&:iLL ~
~ PIt, /4qO
SIGNA DATE -
4/90
~H::GTIVt= '-I- ,
1c~-v:$,C.'.: 11}&
Resume of
SCOTT CHARLES BECHTLE
Pablo Point Born: December 22. 1950
13638 Cardona Drive Height: 6'1" Weight: 178 lbs.
Jacksonville. FL 32225 Excellent Health
(904) 246-8558
OBJECTIVE: Seeking a permanent alliance with a progressive firm which can
profit from my aggressive efforts in the area of financial
administration and reporting systeas.
-
EDUCATION: -MONMOUTH COLLEGE. West Long Bra~~~Nev Jersey 07764
Master of Business Administration (M.B.A). May 1975
Emphasis on Accounting and Financial Management
Honors Graduate
WAYh~SBURG COLLEGE. Waynesburg. Pennsylvania 15370
Bachelor of Science in Business Administration - Accounting. May 1973.
Member. Alpha Kappa Psi (National Honors Business Fraternity).
Treasurer. Phi Sigma Kappa Vice President. Inter-Fraternity Council.
EXPERIENCE: STATE OF FLORIDA - DEPARTMENT OF, INSURANCE
Tallahassee. Florida 32301
June' Position: Assistant Chief Examiner
1985 Acting Chief Examiner (4-1-86)
to Maintain full regulatory authority in the administration of Florida ..
Pl'1i~A"" Insurance Laws relating to licensing. supervision and financial
~ examination of .some 1500 insurers. Coordinate countrywide solvency
monitoring of all authorized. surplus lines. and reinsurers. Super-
vise assignment and review of examination/audit process activities
as NAIC southeastern zone secretary. Directly responsible for
coordination of certificate of authority application process.
Responsible for the compilation of the Department's Annual Report.
Developed a comprehensive in-house financial/auditing training
program. Represent the Department in official meetings dealing
with insurance industry. regulatory and legislative matters.
Work closely with all divisions of the NAIC.~th special interest
in task involvement for statutory reporting. asset valuation.
actuarial reserving. reinsurance and solvency in general. Implemented
an' automated system of analysis of financial ~bndition and statutory
compliance. Supervise and conduct investigative hearings regarding
statutory violations. Supervise in excess of 100 employees in three
functional areas.
ENGINEERING AND PROFESSIONAL SERVICES INCORPORATED
Shrewsbury. New Jersey 07701
January Position: Vice President-Finance
1984 Had full responsibility for all financial reporting functions.
to Totally directed all budgeting and strategic planning operations
October and reported directly to and assisted the president in a majority
1984 of operations policy. Implemented a contract monitoring system for
..
~
.
ker factor studies and Statement of Work (SOW) adherance to re-
quirements. Responsibilities include all accounting and tax
report preparation, contract proposal enhancement, and overall
corporate administration. This was a one year consultant
agreement contract with a prior employer.
CINEMA 'N' DRAFTHOUSE, INC.
Jacksonville, Florida 32211
June Position: President
1981 Operated one of tbe most profitable movie theatre/restaurant
to combination franchise operations nationally. Responsible for all
September profit and loss accountability, strategic planning and administra-
1985 tive operations. A truly unique and often copied concept, expansion
was underway in both the Northeast and Florida markets. All interests
relinquished October 1, 1985.
THE CHARTER COMPANY
CHARTER SECURITY LIFE, Charter Insurance Group, Inc.
Jacksonville, Florida 32202
October Position: Vice President/Director of Finance and Budgeting
1980 Responsible for all financial reporting aspects of the holding
to company directly supervising full control of nine subsidiaries
March including Charter Security Life Insurance Co. Was instrumental
1982 in profitability studies relating to new product development,
as well as the corporate budgeting process culminating with
the Annual Plan. Was a keynote contributor in the year end
planning and presentation of Board of Directors reports.
Administered monthly financial report presentations of all
subsidiaries and provided executive management studies. Fre-
quently undertook special projects including quarterly operational
reviews and management reports systems (MRS). Participated
actively in aggressive acquisition procurements. Demonstrated
strong technical proficiency in a "take charge" environment while
adhering to a rigidly structured schedule.
THE PLANNING RESEARCH CORPORATION, Ft. Monmouth, New Jersey and
McLean, Virginia
March Position: Configuration Management Administrator
1979 Responsible for Planning and Contract Support fo~ the Joint
to Interface Task Force Commander of the Joint Interoperability of
October Tactical Command and Control Systems (JITF-JINTACCS). Provided
1980 overall direction for planning test conduct, and measurement
- evaluation for achievement of Compatibility and Interoperability
of the Military Services in a tactical environment. Supervised
automation for monitoring and reporting of test compliance. results
and subsequent recommendations to the Department of Defense (000) and
various National Security Agencies as to test effectiveness. .
Additionally restructured and implemented a fully automated financial.
reporting system for contract adherence which was subsequently adopted
by the Defense Contract Audit Agency (DCAA). Maintained an extensive
client interface as direct liaison with the Joint Service Office.
Nature of work was sensitive to National security and held a security
level at or above TOP SECRET.
. . .
- ,
PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY
Corporate Office, Homdel, New Jersey 07733
February Position: Senior Financial Planning Analyst
1977 Responsible for complete administration and coordination of the
to Annual Plan, p~ojecting in excess of $800 million premium volume.
March Directed development, compilation, and implementation of all financial
1979 planning guidelines which determined final profit and loss projection
results. Responsibilities included administration of accounting
functions, ratio analyses, evaluation of agent efficiencies, initiation
of sales and market research studies and long range forecasting.
Possess in depth knowledge of claims, underwriting operations, and
financial management procedures through self-initiated departmental
rotations. Excellent oral and written communication skills with all
executive levels. Successfully conducted management conferences
and participated actively in various Board of Directors presentations.
SHREWSBURY MOTORS, INC., Shrewsbury, New Jersey 07701
Volkswagen of America/World-Wide Volkswagen Corporation
June Position: Controller
1973 Responsible for complete financial management and general accounting
to functions. Supervised full financial statement preparation and
February analyses. Restructured and implemented budgeting techniques, sales
1977 forecasting, and market trend strategies. Automated all financial
and inventory systems and received Commendation for Excellence
in Business Management, 1975 and 1976, from World-Wide Volkswagen
Corporation, Volkswagen of America, Inc.
BROOKDALE COMMUNITY COLLEGE, Lincroft, New Jersey 07738
June Position: Associate Professor (Part-Time Evenings)
1976 Curriculum: Accounting, Business Management and Economics
to
1980
COMMENT: Personable and energetic. Excellent oral and written communication
skills.
REFERENCES: Promptly furnished upon request.
CITY OF DELRAY BEACH W'f/JI/9U
BOARD MEMBER APPLICATION
NAME \w\ t\e. '^ bA\J \ D
\100 '1:> 0 V E.. 2- Q..b ~ \ o~ A beL. 9-~,( )~~~5
HOME ADDRESS (Street. City. Zip Code) (LEGAL RESIDENCE)
, ~LUE. ~~Q.o~ ~ L~1> . Q.. \\J\ E.Q.I\ ~ c ~
Cl'-" ~A-L..~ G,e>o PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code)
HOME PHONE ' 4C\ ~ -4'13 2- BUSINESS PHONE ~ 4\- 5 -4 C> ~ 0
ON WHAT BOARDS ARE YOU IN~ERESTED IN SERVING
~OAQ.J:) 01"- ~ 'O"':1'\J s1' k t}J.,.
~ \ "t e.. tl...~~ Q.!.'i \ e..~ ~ Ac,'eA e.~~c..E. ~-
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
~O~Q.\:) O~ ~'b ~ !...,.. t'\ ~ ~ \' 4- 'f E..A ","S .
EDUCATIONAL QUALIFICATIONS ~~~\EQ..~ C. \. .,.." ~L."~ ~ \ \.1 Cot
~k ~ .. \.o.OQ. ~lc.~ \\"Ec..-r u ~ ~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
~\c...~ - ~ ~~...~~--~ 1C~ p~~
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION
C'~'1 o~ Q.\" \E~f:tt &c.~ - ~e..\J \.0 Q.. ~A ~ \.} E. A..
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD 9 ~ o~E.~~ 'ow ~\. c...l,..'( P L...~W ~ e Q. / ~c.~ \-re.c:r
. (
~Q."C.T\~e. I:\L.L rA-eE..,- ~ &1:. e.\,~~ Q~~~ ~ \\J (1)
S \-r E. t>\... ~ ~ 9-e \J \ E "" ~ Co k "'" u ~ \. 'Y"f ~.I)E."Q.I\~ l' A.
.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~~.~ \ t D~ '10
SIGNATURE
I
4/90
~ d~-9;~
CITY OF DELRAY BEACH I ~
BOARD MEMBER APPLICATION
NAME~ LL). 7~e-r:sOh
\ ~O lb U-€:- 2. nd ~u.L- I ~(~1t, ~4C" I F L -:S::'W'fY
HOME ADDRESS (Street, City, Zip Code) (LEGAL RES ENC~)
:De \ ~~ \~~V"\C,\ ~~t:~ ~~ tp..{
)J \ St- sr. \ 4.C--- -L, l{
PRINCIPAL BUSINESS ADDRESS (Street, City Zip Code)
HOME PHONE 'L--l f? -:2-{ Gf I BUSINESS PHONE 2.43-\Ch2-
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
c..... ~oct,vd ~E=- A~Ju..s~~
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) ~\~ \~.{ ~ <J
Q \~ o.,-\e- c.o~e t::.Y\~~+- \boo..r~
EDUCATIONAL QUALIFICATIONS .BA - ~\v. Q~ F-L- I ~P\ .- ~ t.t _
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
~L '8Vt)~S ~ C~.L- es~~~ ~.
~~ ~ (9~~~ ~ ay-) l~
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION
:ba~s - \ou.,.r COO~ l(\ ~V ~ O-rc.klvfi -
Y'O~~
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD :::I:r\ ~\-ho" +-0 QIooA4L ~ Wh., e. () ~ 0 ~ ~\C'C\ :p\42D-
Rp4\ ~.w..+e ~II""V'". L'" ~pQN\(,"'!l ~ Z\d, ~n'\~ a~s
It- \..lk1t1.nCL ~LQ:I.-h c)l'\S -'..- G u\~ C,' "",,,0 --;:D.i +I.\~~
\'"' ~IO~~ -t>Alt'V\ ~Ck Qo~~S. ~ \.M:)r~ fOr
\ ,. 'f2.1'\~Q.l GO~c.t-cY"S +- d-e.u. '
C~sl'C Co~ (S~.e \Y-Q.fal~"'e.. ~(O~S, ~ ~.A .S\--Ah,l .
PLEA ATTACH A ~RIEF RES . ~\ C~,
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.
~ -7AY~-k
SIGNATURE
f. $. Vo~ WOv\c", 7~neA..f.plL.- GV'Ol.UL
4/90
RESUME OF QUALIFICATIONS
DOROTHY W. PATTERSON
1206 N,.E. 2nd Avenue
Delray Beach, FL 33444
Telephone: (407) 278-2191
EDUCATION University of Florida
B.A. Sociology 1969 (class standing/upper 10%)
Electives: Psychology, English, German
Florida Atlantic University
B.A. Art 1982 (class standing/upper 10%)
Courses included: Design,drawing,painting,
and art history.
TRAINING Business practice courses/high school and college
(Can compose and type business letters and reports.)
Word Processor Course/South Tech 1983
Florida Real Estate Sales and Broker's Course
1979 and 1982/Active Florida Broker's License
AREAS OF EXPERIENCE
Real Estate/Construction/Interior Decorating/1979-1989
9/88-Presen~ Metro Construction/Advertising Coordinator
(part-time) Mailings and development of
ne,., brochure.
Assisted real estate investor/design, renovation
decoration/bookkeeping Palm Beach house (now
complete). Sold rental property.
Native Sun Newspaper/Art reviews/eRA reporter
feature articles.
Assisted general contractor husband/worked on
renovation of own home and 4- rental units.
2/84-9/88 G.E./Trafalgar Developers {Coronado Ocean Club
Project, Highland Beach)Marketing~Department -
Sales office administrative duties: preparing
all sales contracts, banking customer deposits,
invoices, sales reports and statistics,
composing letters and reports.
Liason with construction office and design
firms, contracts and follow-through/buyer
custom item and color selection.
-* i-h sf0-0 c a... ( .
k:>elY-~ fate Q.. (., ~ ~le~
t:.a.lA.-C 0\. h 0 Yl c.o <J", ~ \, Y\.~ ~...('
}
AREAS OF EXPERIENCE
1969-78 Social Work
Florida Health & Rehabilitative Services/Socail Worker
Supervisor Adult Services Unit/ V.R. Counselor/Heal on
Hheels Site ~1anager.
Developed one of the most successful programs in Florida
for adults released from institutions. On own initiative
created training program for caretakers, activities program
and ne'''sletter for clients. Raised additional funds in
community for dental and medical needs of clients not covered
by state.
Supervised 8 employees, worked on government grant for Meals
on Wheels program. Liason with state hospital staff and
local psychiatric resources. Extensive interviewing and
crisis intervention.
COLLEGE AND INTERIM EMPLOYMENT
Secretary la,., firm, secretary psychology department, public
opinion survey, substitute teacher /pu~)l i c schOols',' rI2rrill
Lynch cashiers office.
MEMBERSHIPS
Mental Health Association/Board of Directors
Sheltered Workshop/Board of Directors
Other extensive volunteer work in Ocala, Florida/Charitable
and civic organizations.
. .
!
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME -.f!ja.('C sh ~~ftR
~ tt-~O J u.Nfr;.r 0 r; ve } Oe {r~y Bed. ch I F L 334-lf-S-
HOME ADDRESS (Street. City. Zip Code) (LEGAL RESIDENCE)
5'af'I'~\~ce S Co"^,t\,^f\I~ +1 HC1^ ~Jot.?i, {; ~'JO i.A",re.Nce fJ'j Lv.-1aN431%'
PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code) ,} -:;
HOME PHONE q-D7 -;2.4-3-114-1 BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~~C1\/ · ML
J
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
--
EDUCATIONAL QUALIFICATIONS B~ >.- - Co L1,e of gv..s;"U'~S ~J f<-4~{.'C Ad~~ III
, J
Sec~<<Ja.r- Te().J.~ft/ C~~r:- fi ("-ic",, N - ;n~t'" .s;;c i ~( )c ~ ~N("e / u.si'NI"S5.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
-
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER, AND POSITION
~6L &x~ of P4~ B~ Ca-CA-/'I1f - S" ul,sf,--f,.. h Te~.. r
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD +"-, k I~ ~wJJ q
~ b~ A 61e V''f
:r: '1'#
#--'t~aN ~ Ao-v.e... ~rv e.. eJ~ ':foN
~ r~ ea..tj-f!Y- ~ C~r- ~ b u.. +e.... Ifr--t <"fer~ el'(a? S fo Aelf' ,
,
\ e d. c...LC.a. 'H"o IV (tV ou.r /~I c ;fl/
PLEASE ATTACH A BRIEF RESUME. ( fY'-frovE-
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. A..'lD 1. 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.
~Sd:.~R~ 3- /4- - 11
DATE
4/90
MARC JONATHAN SHEPARD
2480 JUNIPER DRIVE
DELRA y ~EACH, FLORIDA 33445
Home: (407) 243-9941 2/90
OBJECTIVE
A career as a professional educator.
EDUCATION
Teacher Certification, Florida Atlantic University, Boca Raton, Florida,
Coursework for Teacher Certification in Secondary Social Science.
Bachelor of Science, Human Resource Management, Florida Atlantic University,
GPA 3.75 (Major).
RELATED EXPERIENCE
Substitute Teacher, Palm Beach County School Board, West Palm Beach, Florida.
Sunday School Instructor, Boca Raton, Florida.
Tennis Instructor, Kankakee, I1Iinois.
OTHER EXPERIENCE
In~.ependent Study/Personnel Research, supervised by Dr. H. John Bernardin, Director of
Research, College of Business, FAU.
Student Intern in Employee Relations, Motorola, Inc., Boynton Beach, Florida.
Student Intern in Employee Relations, City of West Palm Beach, WPB, Florida.
ACHIEVEMENTS
Earned scholarship for my efforts as President of Student Association for Management
and Personnel Administration (SAMPA), FAU.
Moderated "Panel of Personnel Managers", 100 + attendance, FAU.
Generated $15q,OOO in sales for Sears Roebuck & Company, Boston, Massachusett.s.
REFERENCES AVAILABLE UPON REQUEST
.
/
CITY OF DELRAY BEACH
1 I' BOARD MEMBER APPLICATION
NAME f+of-- p. c-L - J. . LJ rft:!l! /J H
ffi S LV yf::Tit- iH~ ~ ~ 3Jtf~?
~OME ADDRESS (Street. City. Zip Code) (LEGAL RESIDENC )
jYotlL
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE tfo1- '0 g -1 s1 V BUSINESS PHONE tI oHL
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
~ e,OA, C 5 e, ; fet\~;~l\ :f\,'nc1
(5eM'r\1-\)~ . tct 6r .
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS ~) ~b-f:- C--t.-A D tJA Tf- -
g.), Ifj &.f/HESJ A-v)IJ'H}~OH- /1A.Jo!- I H
~0~~~ .
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD .
~ [':110-(.) Pi! BWe- A<<.ol!r-Ji7l.1h- < HE: ~ ~ /
GI E YOUR PRESENT. OR MOrT RECENT EMPLOYER, AND POSITION
15 C; M tJ LuJ 11./ G-5,-oJ! t!~ . P M--rn
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD A-t--H 0 5--r- ~ '! f:-A F0> 0 F- f u 8 '-I C- A-ao u t-rmI6-
/1.( fj AJ-Ij AJ-eft-S. oF- I HD ufTf..!- It{ ~f)ITTor{
I uJAS ~Ji-HAN oF-lR-f.- BvM.D oF- ~.JtJSTt1EH-r-
PLEASt 1J.TTfcH' ~ftHfJ.~, ~-J !:-/UE-I Fofl-;- cJef-AL 'f f:.Af-[
~~ IS- N~ t1 rJcJf- J; f4>J)
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 ~ MAY RECEIVE.
~
. c9~ f /qqo
S ATURE DATE
4/90
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!J:j
SUBJECT: AGENDA ITEM # '\ ~ - MEETING OF MAY 14, 1991
RESOLUTION NO. 38-91
DATE: May 9, 1991
At your May 7th special/workshop meeting the Commission, by consensus,
agreed to establish a Drug Task Force to study and make
recommendations to combat drug abuse and its effect in and on our
community. This resolution creates the Delray Beach Drug Task Force
as an advisory body to the Commission. The Task Force shall commence
immediately and disband upon the discharge of its assigned task or by
June 1, 1992, unless otherwise extended. Appointment of members shall
be by Commission ratification in three categories, staff, agency
representations, and general. A provision of the resolution permits
the Task Force to appoint members, as necessary, subject to
ratification by the Commission.
Recommend approval of Resolution No. 38-91 creating the Delray Beach
Drug Task Force as an advisory body to the Commission with a sunset
date of June 1, 1992.
RESOLUTION NO. 38-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISING THE DELRAY BEACH
DRUG TASK FORCE AS AN ADVISORY BODY TO THE CITY
COMMISSION: PROVIDING FOR THE AUTHORITY OF SAID TASK
FORCE; PROVIDING FOR THE COMPOSITION OF SAID TASK
FORCE AND THE RATIFICATION OF MEMBERSHIP APPOINTMENTS
BY THE CITY COMMISSION; PROVIDING AN EFFECTIVE DATE
AND SETTING A SUNSET DATE.
WHEREAS, the City Commission of the City of De1ray Beach,
Florida, recognizes the need for and importance of having a drug free
environment within the City of Delray Beach; and,
WHEREAS, the City Commission wishes to establish a task force
to study and make recommendations to combat drug abuse and its effect in
and on our communi~y,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there is hereby established the DELRAY BEACH
DRUG TASK FORCE as an advisory body to the City Commission which shall
study and make recommendations to combat drug abuse and its effect in
and on our community.
Section 2. That the Delray Beach Drug Task Force shall consist
of a membership to be ratified by the City Commission, as follows:
Staff:
City Commission representative
Chief of Police or designee
Director of Community Improvement or designee
Director of Parks and Recreation or designee
Agency Representations:
South County Mental Health
Drug Abuse Foundation
Fair Oaks Hospital
Chamber of Commerce
Atlantic Community High School
Carver Community Middle School
Delray Beach Ministerial, Foundation
Community Churches United
. NAACP
Haitian Community
General:
In order to allow as broad a representation as practicable or
necessary for the benefit of the assigned task, the membership
core identified above shall have the ability to appoint such
other members, either at-large or from an agency, as may be
determined by them to be appropriate. Any such additional
membership appointments shall be subject to ratification by the
City Commission.
Section 3. That the Delray Beach Drug Task Force shall
immediately pursue its assigned tasks with a target of accomplishing
said task by June 1, 1992.
.
- -
Section 4. That the Delray Beach Drug Task Force shall disband
upon the discharge of its assigned task or by June 1, 1992, unless
otherwise extended by action of the City Commission.
PASSED AND ADOPTED in regular session on this the 14th day
of May , 1991.
~~
,. M~OR
ATTEST:
(]11.~'-/{)? /' )1" I ~ /.10 n:r-
City C erk
.
-2- Res. No. 38-91
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~~(
SUBJECT: AGENDA ITEM # q ~ - MEETING OF MAY 14, 1991
RESOLUTION NO. 39-91
DATE: May 9, 1991
This is a resolution amending the budget for Fiscal Year 1990/91 to
provide for necessary budget adjustments in the General Fund. It is
estimated that a $630,000 shortfall exists. A detailed listing is
provided in Exhibit B to the Resolution. We are proposing to offset
this shortfall by reducing departmental expenditures. This amendment
also includes the necessary adjustments to the Water and Sewer Fund to
include rate changes previously approved by the Commission and
provides for the carry-over of prior year surplus Community
Development Block Grant funding.
At the time the agenda was completed, Resolution No. 39-91 was still
in draft form. A copy of the resolution and attachments will be
forwarded to you prior to your Tuesday evening meeting.
Recommend approval of Resolution No. 39-91 amending the Fiscal Year
1990/91 budget.
RESOLUTION NO. 39-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 1-91
WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH,
FLORIDA, FOR THE FISCAL YEAR 1990-91, BY SETTING FORTH
THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE WATER
AND SEWER FUND FOR THE FISCAL YEAR 1990-91; TO REPEAL
ALL RESOLUTIONS AND ORDINANCES INCONSISTENT HEREWITH.
NOW, THEREFORE, BE IT RESOLVED BY T&E CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Resolution No. 1-91 be, and the same is hereby
amended to read as follows:
That the following sums of money, attached hereto and marked
Exhibit A, be and the.same are hereby appropriated upon terms, conditions
and provisions hereinabove and hereinafter set forth:
Section 2. That all monies hereinbefore appropriated are
appropriated upon the terms, conditions and provisions hereinabove and
hereinafter set forth.
Section 3. That subject to the qualifications contained in this
resolution all appropriations made out of the General Fund are declared to
be maximum, conditional, and proportionate appropriations, the purpose
being to make the appropriations payable in full in the amounts herein
named if necessary and then only in the event the aggregate revenues
collected and other resources available during the period commencing the
1st day of October 1990, and terminating the 30th day of September, 1991.
for which the appropriations are made, are sufficient to pay all the
appropriations in full; otherwise the said appropriations shall be deemed
to be payable in such proportion as the total sum of realized revenue of
the General Fund is to the total amount of revenues estimated by the City
Commission to be available in the period commencing the 1st day of October,
1990, and terminating the 30th day of September, 1991.
Section 4. That all balances of the appropriations payable out of
the General Fund of the City Treasury unencumbered at the close of business
on the 30th day of September, 1990, except as otherwise provided for, are
hereby declared to be lapsed into the City Treasury and may be used for
payment of the appropriations which may be made in any appropriation for
the fiscal year commencing the 1st day of October, 1990, provided, however,
nothing in this Section shall be construed to be applicable to unencumbered
balances remaining to the credit of the Water and Sewer Fund, Sanitation
Fund or any funds created by setting up of special revenue, but such
balances shall be used in financing the proposed expenditures of these
funds for the fiscal year commencing the 1st day of October, 1990.
Section S. That no department, bureau, agency or individual
receiving appropriations under the provision of this resolution shall
exceed the amount of its appropriation, except with the consent and
approval of the City Commission first obtained; and if such department,
bureau, agency, or, individual shall exceed the amount of its
appropriation without such consent and approval of the City Commission,
the administrative officer or individual, in the discretion of the City
Commission, may be deemed guilty of neglect of official duty and may be
subject to removal thereof.
Section 6. That nothing in this resolution shall be construed as
authorizing any reduction to be made in the amounts appropriated in this
resolution for the payment of interest on, or retirement of, the debt of
the City of Delray Beach, Florida.
.
Section 7. That none of th~ monies enumerated in this resolution
in connection with the General Fund, Water and Sewer Fund, Sanitation Fund
or any other Fund of the City shall be expended for any purposes than those
for which they are appropriated, and it shall be the duty of the Assistant
City Manager/Administrative Services based on data provided by the Budget
Director and Finance Director to report known violations of this section to
the City Manager.
Section 8. That all monies collected by any department, bureau,
agency or individual of the City Government shall be paid promptly into the
City Treasury.
Section 9. That the foregoing budget be and hereby is adopted as
the official budget' of the City of Delray Beach for the aforesaid period.
Provided, however, that the restrictions with respect to the
expenditures/expenses of the funds appropriated shall apply only to the
lump sum amounts for classes of expenditures/expenses which have been
included in this resolution.
Section 10. That public hearings ,were held on the tax levy and
the budget on September 11, 1990 and September 25, 1990.
Section 11. That this resolution shall be effective immediately
upon passage.
PASSED AND ADOPTED in regular session on this the ~th day of
May , 1991.
~J~
.. MA~R
ATTEST:
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The mid year budget review was completed last week.
The review reflected a projected shortage of $614,500
in general fund revenues. As a result of this projection,
departmental budgets were amended. Attached is a report
reflecting changes made to your budget.
I regret that there was insufficient time to consult with you
prior to submitting-the budget amendment to Commission for approval.
However, I am receptive to any changes you might suggest to the
line item proposed for budget cuts. I will,consider your suggestions
for equal amounts in a different line item.
Account Number Account Description From: To: Change.
001-0000-312.41-00 Local Option Gas Tax 866,316 834,316 (32,OOO)
001-0000-313.10-00 Franchise-Electric 2,374,000 2,296,000 (78,OOO)
0
001-0000-314.10-00 Util Tax - Electric 2,874,700 2,664,700 (210,000)
0
001-0000-335.13-00 Sales Tax Collection 2,529,912 2,249,912 (280,000)
0
001-0000-342.29-00 Emergency Medical Servic ~O,OOO 50,000 (40,000)
0
001-0000-337.15-00 Historical Resource Grant 14,500 24,000 9,500
001-0000-342.40-00 Police Services 54,000 70,000 16,000
Totallncreases/(Decreases) to Current Revenue Base: (614,500)
Revenue Sources - To be Appropriated:
Licenses and Permits 0 0 0
001-0000-322.20-00 Electrical Permits 52,000 57,500 5,500
001-0000-322.30-00 Plumbing 40,000 44.500 4,500
001-0000-322.40-00 Sign Permit 26,000 30,000 4,000
001-0000-322.50-00 Air Cond/Heating Permit 40.000 45,500 5,500
001-0000-329.28-00 Tenant/Landlord Permit 28,000 32,700 4,700
001-0000-382.44-00 Beautification Trust 0 345,321 345,321
001-0000-361.06-00 Morikami Museum - Grant 0 24,000 24,000
001-0000-337.95-00 Annexation tax frm. County .0 48,954 48,954
001-0000-384.14-00 Installment Purchase 0 61,968 61,968
Total additional revenues 690,443 504,443
Adjusted Revenue total 37,430,846
-------------------
Change
Expenditures From To (decrease)
Budget as of Mid-Year, 1991 37,540,903 37,430,846 (110,057)
Proposed adjustments to departmental expenditure budgets to offset revenue
shortage:
Department
City Commission 174,116 171 ,066
001-1111-511.11-21 FICA 3,040 2,040 (1 ,000)
001-1111-511.33-27 Telephone 3,030 2,030 (1 ,000)
001-1111-511.33-54 Postage 300 250 (50)
001-1111-511.33-57 Travel and Training 5,000 4,000 (1 ,000)
-----------
(3,050)
City Manager 184,362 182,462 0
001-1211-512.33-18 Printing 500 450 (50)
001-1211-512.33-27 Telephone Expense 2,005 1,505 (500)
001-1211-512.33-32 Rep. & Upkeep Equip 1,500 1,000 (500)
001-1211-512.35-11 Office Supplies 1 ,400 1,000 (400)
001-1211-512.35-15 Operating Supplies 1,900 1,450 (450)
-----------
(1,900)
Budget Office. 118,554 116,654
001-1216-512.33.14 Medical Services 100 0 (100)
001-1216-512.33-18 Printing 6,269 4,769 (1,500)
001-1216-512.33~32 Rep and Upkeep Equip 250 150 (100)
001-1216-512.35-15 Operating Supplies 1,000 800 (200)
-----------
(1,900)
Personnel 395,385 382,285
001-1311-512-11.12 Reg. Salaries 196,517 187,337 (9,180)
001-1311-512-11.21 FICA 13,927 12,927 (1,000)
001-1311-512-33.14 Medical Services 100 0 (100)
001-1311-512-33.15 Consulting 1,320 3,000 1,680
001-1311-512-33.51 Advertising 28,000 25,000 (3,000)
001-1311-512-33.51 Travel and Training 5,000 3,500 (1 ,500)
-----------
(13,100)
City Clerk 405,677 462,245
001-1411-512-33.51 Advertising 15,500 14,000 (1,500)
001-1411-512-33.53 Codification 7,000 5,000 (2,000)
001-1411-512-33.54 Postage 2,600 2,200 (400)
001-1411-512-33.55 Doc. Record and Research 1,200 825 (375)
001-1411-512-34.15 Election Ser-PolI Workers 5,260 4,200 (1 ,060)
001-1411-512-33.14 Medical Scvs 100 35 (65)
-----------
(5.400)
001-1411-512-60.89 Equipment Other 0 61,968 61,968
City Clerk Copier lease
General Support 143,134 138.134
001-1501-512-32.17 Quality Improvement 10,000 5,000 (5,000)
Financial Administration 685.824 668.616
001-1511-513.11 .12 Reg. Salaries 467,159 462,737 (4,422)
001-1511-513.11.27 ICMA 5,900 0 (5,900)
001-1511-513.11.99 Sal- Reclass & Promo 1,286 0 (1 ,286)
001-1511-513.33.18 Printing 3,850 3,550 (300)
001-1511-513.33.27 Telephone 3,570 3,170 (400)
001-1511-513.33.51 Advertising 1 .400 1,000 (400)
001-1511-513.33.57 Travel and Training 6,941 . 4,941 (2,000)
001-1511-513.33.57 Operating Supplies 12,300 9,800 (2.500)
-----------
(17,208)
Purchasing 229,838 227.738
001-1531-513.35.11 Office Supplies 3,280 2,780 (500)
001-1531-513.35.15 Operating Supplies 3,350 2.850 (500)
001-1531-513.60.89 Equipment Other 26.400 25,300 (1,100)
-----------
(2.100)
City Attorney 610,520 603,020
001-1611-514.11.12 Sa!. Regular 242,165 235,500 (6,665)
001-1611-514.11:23 Health Insur. 11,798 14,918 3.120
001-1611-514.11.27 ICMA 14,620 12.620 (2,000)
001-1611-514.35.15 Operating Supplies 3,000 2,600 (400)
001-1611-514.33.58 Auto Allowance 12,240 11,140 (1,100)
001-1611-514.33.55 Doc. Record. Search 2.775 2,320 (455)
-----------
(7,500)
"I'
Admin. Services 135,156 135,156 0
Planning & Zoning 739,433 719,960
001-2511-515-11 .12 Salaries Reg. 480,660 463,149 (17,511)
001-2511-515-11.21 FICA 39.293 37.578 (1 ,715)
001-2511-515-11.99 Salaries-Reclass 8,747 0 (8,747)
001-2511-515-33.18 Printing 5,000 4,000 (1 ,000)
001-2511-515-34.83 Bankers Row 1,172 10,672 9,500
-----------
(19,473)
Engineering 392.642 391.142
001-2911-519-60.83 Bridges 3,600 2,100 (1,500)
Mngmnt Information Syste 675,222 652,047
001-1811-513-11.12 Sa!. & Wages Reg 264,800 247,225 (17,575)
001-1811-513-11.21 FICA 21,737 20,737 (1 ,000)
001-1811-513-33.51 Advertising 500 400 (100)
001-1811-513-34.18 Telecommunications 1,891 1,391 (500)
001-1811-513-34.57 Computer Training 12,000 8,000 (4,000)
-----------
(23,175)
Police Department 10,317,384 10,319,774
001-2111-521-11.12 Salaries Regular 755,497 741,687 (13,810)
001-2111-521-11 .13 Parttime 8,000 6,400 (1,600) ,
001-2111-521-11.14 Overtime 40,000 25,000 (15,000)
001-2111-521-11.15 Other Employee Comp 23.288 32,288 9,000
001-2111-521-11.19 Reimbursable Ot 12,000 9,800 (2.200)
001-2111-521-11.21 FICA 63,461 61,261 (2,200)
001-2111-521-11.99 Salaries Reclass/Prom 67,276 0 (67,276)
001-2111-521-32.15 Annual Physical 14,314 11 ,714 (2,600)
001-2111-521-33.14 Medical Service 16.000 12,400 (3,600)
001-2111-521-33.15 Consulting 22.000 18.560 (3,440)
. 001-2111-521-35.15 Operating Supplies 48,220 46,220 (2,000)
001-2113-521-11.12 Sal. Regular 1,027,020 1,012,460 (14,560)
001-2113-521-11.14 Overtime 48,000 105,000 57,000
001-2113-521-11.15 other employee comp 24,045 18,545 (5,500)
001-2113-521-33.15 Consulting 8,000 1,500 (6,500)
001-2113-521-33.17 Janitorial 5,000 4,000 (1 ,000)
001-2113-521-33.27 Telephone 70,000 66,000 (4,000)
001-2113-521-33.31 Repair and Upkeep Bldgs 30,757 29,257 (1,500)
001-2113-521-34.57 Computer Training 20,000 1,000 (19,000)
001-2113-521-35.51 Gas, Oil, Lub. 83,860 106,860 23,000
001-2113-521-60.89 Equipment other 38.928 37,928 (1 .000)
001-2113-521-35.15 Operating Supplies 23,204 22,204 (1,000)
001-2113-521-35.11 Office Supplies 16,000 15,700 (300)
001-2115-521-11.14 Overtime Reg 42,000 57,000 15,000
001-2115-521-11.15 Other Employee Comp 49.099 54.099 5.000
001-2115-521-11.19 Reimbursable Overtime 14,700 26,700 12,000
001-2115-521-11.21 FICA 81,752 94,752 13,000
001-2117-521-11.12 Reg. Salaries 3,422,013 3,411 i773 (10,240)
001-2117-521-11.14 Overtime 110.000 177,216 67,216
001-2117-521-11.19 Reimbursable Overtime 27,300 31,300 4,000
001-2117-521-35.53 Tire,Tubes 20.500 19.000 (1 ,500)
001-2117-521-33.34 Vehicle Repair 223,948 200,948 (23,000)
-----------
2,390
Fire Department 6,483,513 6,473.813
001-2311-522.32.15 Annual Physical Program 23,686 22,686 (1,000)
001-2311-522.33.14 Medical Services 1,785 1,585 (200)
001-2311-522.33.27 Telephone and Telegraph 25,180 23,180 (2,000)
001-2311-522.35.15 Operating Supplies 22.000 20,000 (2,OOO)
001-2315-522.33.14 Medical Svcs. 38,000 36,000 (2.000)
001-2315-522.33.25 Exam and Cerification 23,000 22,000 (1 .000)
001-2315-522.34.17 Recruitment Expense 14,000 12,500 (1 ,500)
-----------
{9 , 700)
Community Improvement 2.105.026 2,063.790
001-2711-524-11 .23 Health 8,509 9,009 500
001-2711-524-11.21 F.I.C.A. 11,309 11 ,484 175
. 001-2711-524-33.27 Telephone and Telegraph 12,915 11,915 (1,000)
001-2711-524-61.72 Neighbor hood Improveme 166,480 138,480 (28.000)
001-2711-524-35.11 Office Supplies 10,000 8,500 (1 .500)
001-2721-524-11.12 Salaries Reg. 650,698 656,204 5,506
001-2721-524-11.14 Overtime 1.500 1,200 (300)
001-2721-524-11.23 Health 43,038 49.226 6.188
001-2721-524-11.99 Salaries - Reclass 8,707 0 (8,707)
001 '-2721-524-33.14 Medical 300 . 100 (200)
001~2721-524-33.14 Vehicle Repair 13,992 12,792 (1 ,200)
001-2722-524-11.14 Overtime 1,000 600 (400)
001-2722-524-11 .12 Reg. Salaries 22,308 21,608 (700)
001-2722-524-33.31 Rep. and Repair 1,650 1,150 (500)
001-2722-524-33.24 Water, Sewer, Garbage 400 0 (400)
001-2722-524-33.32 Repair and upkeep Equip 800 600 (200)
001-2722-524-33.57 Travel and Training 1,100 600 (500)
001-2722-524-35.15 Operating Supplies 3,090 2,590 (500)
001-2722-524-35.51 Gas., Oil, Lub 1,200 1,000 (200)
001-2722-524-33.34 Vehicle Repair-Garage 1,548 4,048 2,500
001 ~2722-524-33.57 Travel and Training 1,100 800 (300)
001-2741-524-11.12 Regular Salaries 443,121 435,121 (8,000)
001-2741-524-11.23 Health 33,915 35,465 1,550
001-2741-524-11.15 Other Employee Com 13,317 13,817 500
001-2741-524-11.21 FICA 34,860 34,560 (300)
001-2741-524-11.99 Salary Reclass 3,929 0 (3,929)
001-2741-524-33.51 Advertising 12,000 10,881 (1 ,119)
001-2741-524-33.14 Medical 300 100 (200)
-----------
(41,236)
Engineering/street lights 435,000 407,000
001-2912-541-33.21 Street Lights 435,000 407,000 (28,000)
Public Works 908,710 845,510
001-3111-534-11.28 I.C.M.A. 2,400 0 (2,400)
001 -311 3-541 -11 . 12 Reg. Salaries 158,437 137,374 (21,063)
001-3113-541-11.99 Salaries-Reclass 2,747 0 (2,747)
001-3113-575-61.72 Seawall Repairs 5,000 2,500 (2,500)
001-3131-541-11.99 Automobile 1,990 0 (1 ,990)
001-3141-541-11.12 Salaries-Reg 107,800 77,300 (30,500)
001-3141-541-11.21 FICA 9,199 7,199 (2,OOO)
001-3141-541-11.15 other empl. 3,288 2,288 (1 ,000)
001-3141-541-11.23 Health 6,501 8,501 2,000
001-3151-545-11.12 Sal Reg. 22,430 21,930 (500)
001-3151-545-35.15 Operating 3.500 3,000 (500)
-----------
(63,200)
General Support 562,017 549,927
001-3431-519-33.14 . Medicals 100 0 (100)
001-3431-519-33.17 Janitorial Services 8,SOO 7,610 (890)
001-3411-591-33.17 Janitorial Services 51,800 49,800 (2,000)
001-3411-591-33.27 Telephone and Telegraph 51,095 47,095 (4,000)
001-3411-591-33.39 Repair and upkeep other 2,961 2,461 (500)
001-3411-591-33.42 Rental Equipment 2,000 1,000 (1,000)
001-3411-591-35.11 Office Supplies 2,200 1,200 (l,OOO)
001-3411-591-35.15 Operating 9,500 7,000 (2,500)
001-3411-591-35.53 Tires, Tubes 250 150 (100)
-----------
(12,090)
Parks and Recreation 3,991,367 3,964,484
001-4111-572-11-12 Salaries 202,601 197,601 (5,000)
001-4111-572-11-14 Overtime Reg. 2,500 3,000 500
001-4111-572-11-21 FICA 15,471 14,971 (500)
001-4111-572-11-23 Health 12,529 13,529 1,000
001-4111-572-11-27 leMA 6,250 5,750 (500)
001-4111-572.33-51 Advertising 18.854 16.854 (2,000)
001-4111-572.33-54 Postage 4,700 4,200 (500)
001-4111-572.35.53 Tires, Tubes 2,000 1,500 (500)
001-4121-572-11.12 Salaries 23,705 23,205 (500)
001-4123-572-11.12 Salaries 330,156 325,156 (5,000)
001-4123-572-11.12 SalarieslReclass 4.062 0 (4,062)
001-4124-572-11.12 Salaries 61,245 58,045 (3,200)
001-4124-572-33.39 Rep and Upkeep Other 11 ,500 10.500 (1,000)
001-4125-572-11 .99 SalarieslReclass 1,121 0 (1,121 )
001-4127-572-11.12 Salaries 161,935 170,433 8,498
001-4127-572-11.99 SalarieslReclass 8,498 0 (8,498)
001-4141-572-33.21 Electric 4.500 0 (4,500)
-----------
(26,883)
Grants 672,208 696,208
001-6311-559-80.18 Historical Preservation 0 24,000 24,000
Contingency 241,338 32,901
001-6511-581.90-11 Contingency 208,437 0 (208,437)
Transfers
001-9111-559-81.11 To C.R.A. Incremental tax 341 ,440 298.556 (42,884)
001-9111-581-90.19 To beautification Trust 128,894 474,215 345,321
001-9111-581-90.28 To Cemetery Fund 85.000 75,000 (10,000)
-----------
,
292,437
Additional savings from attrition and hiring freeze:
The positions below are hereby frozen, effective May 13, 1991. Salary
Position reduction
---------------------
Attrition Police Chief (13,810)
frozen Police Info Specialist (6,576)
frozen Communications Supervisor (7,984)
frozen Police Officer (10,240)
frozen Computer Programer (18,575)
frozen Engineer I (23,973)
frozen . Street Maintenance Wrker II (14,763)
frozen Payroll Pension Administrator (3,522)
Total savings - attrition & hiring freeze (99,443)
Total attrition and hiring freeze adjustments (99,443)
Adjusted Expenditure total (110,057)
GENERAL FUND
MARCH (PERIOD 6) REVIEW
FISCAL YEAR 1990-91
General Fund Introduction
General Fund revenues totalled $24,813,457 for the six month period ending
March 31, 1991 or 65.49% of the budget. The City anticipates a shortfall
of $676,340 by fiscal year end. This includes a shortfall of $.35,559 in
Grant revenue from Palm Beach County; however, this shortfall has a
corresponding decrease on the expenditure side which results in a zero
impact on the General Fund.
The shortfall of $676,340 may be offset by an anticipated $48,954 from the
County for annexed properties excluded in a prior year tax roll. This item
will go before the County Commission for approval in May. If approved, the
offset will result in a total shortfall of $627,386 or 1.66% of the budget.
An analysis of each revenue category is as follows:
Ad Valorem Tax Revenues
Ad Valorem Tax revenue collection for the six month period ending March 31,
1991, is $13,336,481 or 80.56% of the budget. The County advised the City
of a reduction in the total assessed value of $51,086,284. The reduction
in the total assessed value would amount to a shortfall of $352,101
assuming a conservative collection rate of 95% or a shortfall of $17,888
assuming a collection rate of 97%. The City will assume a collection rate
of 97% since the City has historically collected at this rate.
Sales and Use Taxes
The City has collected $416,236 or 48.02% of the budget. The City
anticipates a shortfall of $32,268 based upon the current trending
analysis. The State of Florida Department of Revenue has advised us of a
reduction in their projection of $44,000 for this revenue category;
however, at this time, our trending analysis indicates a shortfall of only
$32,268. We will use our trending analysis for projection purposes.
Franchise Taxes
Franchise Tax revenues received through March 31, 1991, totalled $1,151,077
or 44.30% of the budget. The City anticipates a shortfall of $73,861 at
year end due to the City not realizing its monthly projections for
telephone and electric Franchise revenues. A deviation in the summer
climate may offset this expected variance.
Utility Taxes
Utility Tax revenue collection totalled $1,947,443 or 48.04% of the budget.
The City expects a shortfall of $210,423 by fiscal year end. The shortfall
is due to the City not meeting its monthly projections for Telephone and
Electric Utility Tax revenues. Again, any deviation in the summer climate
may result in an offset for this shortfall.
Licenses
License revenues totalled $315,446 or 95.01% of the budget through the six
month period ending March 31, 1991. This compares favorably to prior year
collections for the same' time period. This favorable collection rate is
due to the initiation of a lockbox process this fiscal year. The City
anticipates realizing the budget by fiscal year end.
Permits
Permit revenues totalled $492,109 or 51.78% of the budget through March 31,
1991. The City anticipates a positive variance of-$38,950 by year end
based upon the current trend.
Intergovernmental
Intergovernmental revenues collected totalled $2,060,380 through March 31,
1991 or 47.31% of the budget. The City anticipates a shortfall of $286,799
at fiscal year end. The shortfall is largely due to a decrease in
Cigarette Tax. State Revenue Sharing. and Sales Tax revenues totalling
$309.729. The estimated reduction for these revenue sources. which are
$11 , 804, $17.258. and $289.667, respectively, can be explained by the
current recession. This reduction will be offset by a projected $22,930 in
other Intergovernmental revenues.
Charges for Services
Charges for Services totalled $350,6JO or 47.31% of the budget. The City
anticipates a shortfall of $58,098 in this category at fiscal year end.
The shortfall is due to several factors which are as follows:
1. The Planning Director has indicated that there may be a shortfall due
to the streamlining of the fee structure to accommodate the industry.
The City anticipates at this time a shortfall of $21,000 by year end.
2. The Fire Chief has advised us of a shortfall in EMS fees. The City
anticipates a shortfall of $45.000 at this time. The shortfall is due
to problems ,with the collection process as follows:
A. The budget was based on a 12-month period, while the collection
process is for an II-month period.
B. One month billing is collected over a three to four month period,
reducing the projected revenue at fiscal year end.
C. The colLection process has slowed down due to problems with
Medicare.
3. The City expects a shortfall in other governmental revenues of $6,000.
The shortfall is due to the fact that in prior years, revenues into
this line item consisted of Water and Sewer Fund miscellaneous
revenues. The conversion to the new system enabled the revenues to be
properly recorded into the Water and Sewer Fund, therefore, causing a
shortfall into this General Fund line item.
4. The City anticipates a shortfall in other Public Safety revenues
approximating $9,100. The shortfall can be explained by a decrease in
copy charges and th~ fact that there is not a process in place at the
Police Department to collect past due parking ticket revenue. The
Police Department projects an increase in the collection in the third
or fourth quarter once personnel is in place to enforce the
collection.
5. The City expects a surplus of $4,500 in Road Impact Fees, $9,000 in
Nuisance Abatement Fees, $4,300 in Certification/Copy Fees, $11,000
other Public Safety Fees, $9,000 in Parking Fees, which will offset
shortfalls in this revenue category as referenced above.
Interfund Transfers
Interfund Transfers are at $1,791,276 or 100.09% of the budget. The city
expects to be at budget at fiscal year end.
Contributions from Other Funds
This category is at $1,145,126 or 57.54% of the budget. The City expects
to meet its budget projection at year end.
Recovery of Administrative Costs
This category is at $748,000 or 49.28% of the budget. The City expects to
meet its budget at year end.
Miscellaneous Revenue
Miscellaneous revenues totalled $481,461 or 47.63% of the budget. The City
expects to meet its budget at fiscal year end.
."
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THE CITY OF DEL RAY BEACH
CGN5TRUCTICN PROJECT BALANCES
03/31/91
-----------------------------------------------------------------------------------------------------------------------------.
------------------------------------------------------------------------------------------------------------------------------
PROJECT B\J06E1 BUDGET INTEREST EXPENSES ENCUMBERED UNCOMMITTED
TITLE AMOUNT TRANSFERS EARNINGS TO DATE AMOUNT BALANCE
---_._-------------------~-----------------------------------------------------------------------------------------------------
1990 WATER & SEWER NeTE CDNSTR. BOND:
MATER TREATMENT PLANT $1,435,000. ()(J $0.00 $0.00 $171,119.00 $1,025,007.00 $238,874.00
SCRwTDB ODuR CONTROL $\926,525.00 $52,896.00 $0.00 $1,662,697.00 $4,107,446.00 $209,278.00
HASTER SEWASE LIFT STA-ION $70,000.00 $0.00 SO.OO $0.00 $20,400.00 $49,600.00
ENCLAVE WATER/SANITARY SEWER $260,000.00 SO.OO $0.00 $50,951. 00 $147,860.00 $61,189.00
PUBL:C UTILITIES COMPLEX $50,0(;0. O~) $45,855.00 $0.00 $28,197.00 $67,496.00 $162.00
R & R SANIT-SEWERJ~ANhQLE5 to.Gi) $0.00 $0.00 $55.00 $0.00 ($55.00
SE 1ST FR~ US 1-INTRACQASTAL ~ATERWAY $0.00 $101,368.00 $0.00 $90,036.00 $0.00 $11,332.00
wATER DISTRIBUTION I~PRuvEMENTS .. $0.00 $0.00 $11,14&.00 $3,293.00 ($14,429.00
EAST ATLANTIC SVBAQlEOJS CRuSSING 0 $0.00 $0.00 $167.00 $0.00 ($167.00
CONTINGENCY $258,475.00 ($201,307.00) $0.00 $0.00 iO.OO $57,168.00
BeND ISSUE EXPENSE $0.00 $1,188.00 $0.00 $2,226.00 $0.00 ($1,038.00
.'
---------------------------------------------------------------------------------------
$8~(lOOtOOC.OO $0.00 $0.00 $2,016,594.00 $5,371,492.00 $611,914.00
------------------~--------------------------------------------------------------------
---------------------------------------------------------------------------------------
,-
THE CliY OF uELRAY BEACH
CO~STRUCTION PROJECT BALANCES
03/31/91
----------------------------------------------..-------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------
PRD/JECT BUDGET BUDSET iNTEREST EXPENSES ENCUMBERED UNCOI1I1ITTED
TITLE AMOUNT TRANSFERS EARNINGS TO DATE AMOUNT BALANCE
------------------------------------------------------------------------------------------------------------------------------
1989 NOTE CDNSTRUCTIC\ FUND:
ALLAMANDA aARDENS 1100!OOO,OG $0.00 $0.00 S4b,b02.00 $38,940.00 $14,458.00
FIRE STATION 2 H50,()OO.OO $0.00 $0.00 $2,390.00 $447,610,00 $0.00
Nk DRAiNAGE $l1}O, 000.00 ($692,894.00) $0.00 $7,106.00 $0.00 $0.00
OLD SCHOO~ SQUARE $3(10,000,00 $0.00 $0.00 $300,000.00 $0.00 $0.00
CiTY HALL EXPANSIG~ $700,000.00 ($20,OOO.00) $0.00 $680,000.00 $0.00 $0.00
ATLANTIC AVE-PHASE ;: $830,000,0(; $0.00 $0.00 $733,200.00 $0.00 $96,800.00
miNIS CENTER $1,029,000.00 $0.00 $0.00 $32,563.00 $0.00 $996,437.00
ADVEflTISING $0.00 $3,606.00 $0.00 $3,606.00 $0.00 $0.00
CONTI NGENCY $191,000.00 ($1S8,303.00) $534,330.00 $32,698.00 $0.00 $534,329.00
'RANSFER TO GENERAL ?UND $0,0(; S867,591.00 SO.OO S868,500.00 $0.00 ($909.00)
---------------------------------------------------------------------------------------.
H,300!OOO.C:C $0.00 $534,330.00 $2,706,665.00 $486,550.00 $1,b41,1l5.00
----------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------
-------------------------------.----------------------------------------------------------------------------------------------~
---------------..---------------------------.---------------------------------------------------------------------------------.
F'RO,JECT BUDcE! BUDGET INTEREST EXPENSES ENCUMBERED UNCOMMITTED
TITLE AMOUNT TRANSFERS EARNIN6S TO DATE AMOUNT BALANCE
--------------------- ---------------------------------------------------------------------------------------------------------
1987 JTI~ITY TAX ISS~~;
FIRE FACILITY I EGL:?MENT $1,141,000.00 $0.00 $3bb,530.00 $1,406,975.00 $104,663.00 ($4,108.00
DRAINAGE IMPRDVEMEN:S $1,220,000,00 $50,17b.OO $334,867.00 $1,557,119.00 $22,914.00 $25,010.00
CITY HALL EXPAN3IO~ 1,1,500,vOO.l)O $0.00 $684,454.00 $2,176,349.00 $4,701.00 $3,404.00
BEAUT! FICA. TI ON H,OOQ,OOO.OO $0.00 UB7 ,617 .00 $3,134,822.00 $40,94B.OO $l,Ol1,B47.00
eRA PURCHASE DF LAND $1,200,000.00 $0.00 $0.00 $b54,191. 00 $0.00 $545,809.00
BOND ISSUE EXPENSE $75,000. 00 $17,224.00 $0.00 $92,224.00 $0.00 $0,00
CONTINSENCY $51,992.00 ($17,224.(0) $287,169.00 $0.00 $0.00 $321,937.00
SO.OO
---------------------------------------------------------------------------------------.
.- $9,187,992.00 $50,17b.00 $l,8bO,b37.00 $9,021,680~00 $173,226.00 $1,903,899.00
----------------------------------------.-----------------------------------------------.
---------------------------------------------------------------------------------------.
.,.
THE CITv QF DELRAY BEACH
~QNSTRUCTIDN PROJECT BALANCES
03i31/91
~==~=================~=================================:========:========:===============~========:==========================:
PHiJJ:CT BUDGET BUDGET INTEREST EXPENSES ENCUMBERED UNCQl'IMITTED
i, i Lt AMOUNT TRANSFERS EARNINGS TO DATE AMOUNT BALANCE
--------.----.--.-------. --------------------------------------------------------------------------------..----------------------.
1984 WATER & SEHER ISSJE;
LEGAL, FISCAL, ENG $1,586; 860.00 ($931,179.00) SO.OO $655,681.00 $0.00 $0.00
7 WESTERN W~TER SUP;LY WELLS $1,296,000,00 ($1,070,508.001 $870,920.00 $189,291.00 $844,897.00 $62,224.00
RA~ WATER MAIN $1,825,200.00 {$1,746,369,00) $0.00 $35,129,00 $4,500,00 $39,202.00
ADDL CLARIFiER, AER~~lDN, BASIN $1,231,200,0(; ($210,491.00) $441,730.00 $1,399,693.00 $139,977.00 ( $17,231. 00
SLUDGE HANDLING FACILiTIES $540, ;:';00,00 ($494,169.00) $0.00 $45,831.00 $0.00 $1).00
AD~:N BLD6, LAB, CG~~ROL ROOM $237,60(;,0(: $2,455,979.00 $0,00 $2,518,336.00 $I 90,472.00 ($15,229.00
HASTE~AT~R TREATMENT PLANT EXFANSION $5,26~, 1 i 40,(\0 $~,08,777 ,00 $0.00 $5,591,911.00 $0.00 $0.00
12' WATE~~ MAIN $0,00 $145,434,00 $61,347.00 $206,781.00 $0.00 $0.00
CONGRESS AVE wIDENING $0.00 $112,835.00 $13,593,00 $126,428.00 $0,00 $0.00
Mise ENGIN EVC to.OO $318,000,00 $0.00 $171,451. 00 $0,00 $146,549,00
NORTH PLAtH $0 , or) $150,000.00 $0.00 $9,4B6.00 $6,514 .00 $134,000.00
MILLER PARK STORAGE $0.0& $206,804.00 $0.00 $93,789.00 $113,015.00 $0.00
emiT INGENCY $0,00 $142,993.00 $194,343.00 $0.00 $0.00 $337,336.00
---------------------------------------------------------------------------------------.
l$12,OOO,~0(l,~O ($611,a94.00)$l,581,933.00 $11,043,813.00 $1,299,375.00 $626,851.00
--------------------------------------------------------------------------------------~
---------------------------------------------------------------------------------------
*iNCLUDES INTEREST EAR~!NGS OF $1,290,221.00
-----------------------------------------------------------------------------------------------------------------------------.
----------------------------------------------------------------------------------------------------------------------------_.
PROJECT BUDGET BUDGET INTEREST EXPENSES ENCUMBERED UNCOMlliTTEO
TITLE AMOUNT TRANSFERS EARNINGS TO DATE AMOUNT BALAtlCE
---------------------~------------------------------------------------------------------------------------------------------_.
1983 WATER ~ SE~ER BG~D ISSUE:
7 WELLSiRA~ WATER MAIN $1,850,000.00 $240,173.00 $472,347.00 $2,563,120.00 $0.00 $0.00
wTP-2 ~ODL FILTERS $695,000.00 $0.00 $240,556.00 S935,556.00 $0.00 $0,00
N~ 2ND 5T WATER KAI~ $350,000,(;0 $0.00 $0.00 $350,000.00 $0.00 $0.00
TEST WELL PROGRAM $200,000.00 $0.00 $22,048.00 $222,048.00 $0.00 SO.OO
SEwER SYSTEM R.EHAB $450,000.00 ($107,327.00) $14,228.00 $356,901. 00 $0.00 $0.00
LAND ACQUISiTION SO.OO $58,555.00 $500,000.00 $558,555.00 $0.00 SO.OO
CONTINb, LEGAL, FiSCAL $395,949.0\) IH64,OO9.00} $0.00 $131,940,00 $0.00 $0.00
WTP-OPERATIDNAL lKPRJv $0,00 $0.00 $166,755.00 $166,755.00 $0.00 $0,00
LA~AT WATER.iSANI SE~ER .. $0.00 $62,008.00 $0,00 $62,008.00 $0.00 $0.00
CONTINGENCY-RESERVE FOR ARBITRAGE $0.00 $10,000.00 $0.00 $0.00 $0.00 $10,000,00
---------------------------------------------------------------------------------------.
$3,940,949,00 $0.00 $1,415,934.00 $5,346,883.00 $0.00 $10,000.00
--------------------------------------------------------------------------------------_.
---------------------------------------------------------------------------------------.
THE CITY OF DELRAY BEAC~
CONSTRUCTION PROJECT BALANCES
AS OF ~ARCH 31. 19991
===========================================================:==:============================:===================================================
F'~:DJECT BUDGET BUD SET iNTEREST TOTAL EXPENSES EXPENSES EHCUKBERED UNCOI1/1ITTED
Tl1LE AMOUNT TRANSFERS EARtH N6 REV EN lIE a9/90 90/91 AMOUNT BALANCE
------------------------------------------------------------------------------------------------------.---------.------------------------------
90 JECADE OF EXCEL 80~D:
FlRE FAC1Ll1Y ~ EQUIPMENT $1.473,500 $34,000.00 $1.507,500.00 f345.l7b.OO $Z,42. 649. (ll) 58.19.67:\
RECREATION n,915.000 $3,915,000.00 t339,860.B6 $1,262,664.56 Ht,65b.ll l?,270,8tS
NErGHBORHOOD IMPROVEMENTS $SOO.OOO $500,000.00 $ 51)0 , (;00
DRAINANGE IMPROVEMENTS $4,388.000 H,38B,OOO.OO m!35,~.OO t222,299.00 $2,394.(1(1 $4,146.951-
8EAUTlFlCATlON nOO.:)l)O $700,000.00 $700,000,
REPAV~ENT OF LINE DF CREDiT (GSS) S~.Ol), 00(; S500,OOO.00 $500,000.00 $0.
60ND ISSUE EXPE~SE $(: $: 10,~I(lO.OO $110,000.00 $1 04 ,847.00 . $3,461. 50 S1. 763.00 ( $71.
C::;NT;NWKY. SO S557,450.8B $557,450.B8 tl'H, 190. 00 t3b6.2tlO.
--------------------------------------------------------------.----------------.--.--------------------------~
SI1,476.500 $0 nol,451 $12,177,951 $1,152,254 . $1,833,601 $388,462 $8,803,:
I~TEREST COMMITTED $174.470.
-.--.-----..
BALANCE sa, 029 .163
-----------
-.---------.
.'
..
....
ENTERPRISE FUNDS
MARCH (PERIOD 6) REVIEW
FISCAL YEAR 1990-91
Water and Sewer Fund
The "Total Annual Budget 90-91" has been adjusted to reflect the rate
increases effective January 1, 1991 instead of October 1, 1990 and for the
debt service associated with the 1991 Bond Issue and Note. The "Net
Income" presented on both a budget and actual basis does not project
..
sufficient income for the total coverage of debt service, Renewal and
Replacement, and minor capital outlay remaining in the operating budget.
The summer months may provide a revenue stream that offsets some of this,
but to be conservative, it would be recommended that Environmental Services
be advised to curtail unnecessary expenses at this time, continue efforts
to provide additional customers, and carefully preplan the impact of
conservation measures before implementation of those measures.
Municipal Golf Course Fund
This Fund has a net income of $562,498 which exceeds their budgeted
projected net income by $289,857. This condition is expected to be offset
by the closure of the golf course for approximately three months for
replacement of 'the entire greens. This will require reimbursement of a
portion of the fees collected for annual memberships.
City Marina Fund
This Fund has a net income of $18,872 which is 68% of the projected net
income for the year and thus this Fund is ahead of their projections
through March.
Sanitation Fund
This Fund has a net income of $61,541 through March which is 81% of their
projected net income for the year and thus is well ahead of the projections
at this time.
Cemetery Fund
This Fund has a net income of $16,794 through March which is 133% of their
projected net income for the year.
Stormwater Utility Fund
,-
The Fund has a net loss of $78,070 through March 31, 1991. The net loss is
due to the fact that assessment billings totalling $947,000 were mailed out
on March 15, 1991. The City anticipates a surplus of $77 ,000 by fiscal
year end.
THE CITY OF DEL RAY BEACH
INCOME STATEMENTS FOR ENTERPRISE FUNDS
AS OF MARCH 31, 1991
------------ ------------ ------------- ----------- ------------- ---------
------------ ------------ ------------- ----------- ------------- ---------
WATER & GDLF COURSE CITY MARINA SANITATION CEIlHERY STORIlWATER
SEWER FUND FUND FUND FUND FUND UTILITY FUND
------------ ------------ ------------- ----------- ------------- ---------
OPERATING REVENUES:
CHARGES FOR SERVICES AND OTHER $6,899,330 $1,040,416 $47,497 $I ,023,317 $36,541 $56,179
------------ ------------ ------------- ----------- ------------- ---------
TOTAL OPERATING REVENUES $6,899,~30 $I ,040,416 $47,497 $1,023,317 $36,541 $56,179
OPERATING EXPENSES:
PERSONAL SERVICES $1,521,834 $0 $0 $I 7 1 624 $38,607 $6,883
OTHER OPERATING EXPENSES $1,824,990 H38,633 $14,974 $923,143 $20,048 $102,561
DEPRECIATION $600,000 $15,500 $13,500 $0 $3,600 $0
OPERATION OF REGIONAL PLANT $880,670 $0 $0 $0 $0 $0
DEPRECIATION OF REGIONAL PLANT $250,000 $0 $0 $0 $0 $0
------------ ------------ ------------- ----------- ------------- ---------
TOTAL OPERATING EXPENSES $5,077,494 $46~,133 $28,474 $940,7b7 $62,255 $109,4H
OPERATING INCOME $1,821,836 $576,283 $19,023 $82,550 ($25,7141 ($53,2651
NONOPERATING REVENUES (EXPENSES)
INTEREST REVENUE U74,904 $5,782 S2,b68 1$3,6671 U,738 $0
INTEREST EXPENSE 1$1,208,0001 ($85,590) S5B $7,658 SO 1$2,3051
MISCELLANEOUS INCOME (EXPENSE) $135,631 t-76,973 $0 $0 $0 $0
------~----- ------------ ------------- ----------- ------------- ---------
TOTAL NON-OPERATING
REVENUE AND (EXPENSE) ($597,~651 [$2,8351 $1,726 $3,991 $1,738 1$2,305)
INCOME BEFORE OPERATING TRANSFERS Sl,224,371 $573,448 S21,749 S86,541 1$23,976) ($55,570)
OPERATING TRANSFERS IN (OUT)
OPERATING TRANSFERS IN $25,000 $0 SO $0 S42,498 $0
OPERATINS TRANSFERS OUT ($194,2501 {tlO,9501 (S2,877i a25,QJ)01 ($l,728i ($22,5001
------------ ------------ ------------- ----------- ------------- ---------
TOTAL OPERATING TRANSFERS ($759,250) ($10,9501 (S2,877i ($25,0001 $40,770 (S22,5001
------------ ------------ ------------- ----------- ------------- ---------
NET INCOME H65,121 $562,498 $18,872 $61,541 $16,794 1$78,070)
ADD NON CASH EXPENSE
DEPRECIATION $850,l)i)O $25,500 $13,500 $0 $3,bOO $0
LESS CASH EXPENSES
PRINCIPAL PAYMENTS ON BONDS $585,000 $93,200 SO $0 $0 $0
------------ ------------ ------------- ----------- ------------- ---------
CASH AVAILABLE FOR CAPITAL
ACQUISITION, PROJECTS, & RENEWA~ ~ $730,121 $494,798 $32,372 $61,541 $20,394 ($78,070)
REPLACEMENT RESERVES
------------ ------------ ------------- ----------- ------------- ---------
------------ ------------ ------------- ----------- ------------- ---------
NOTES:
1.) WATER AND SEWER FUND: WATER AND SEWER RATE INCREASES HAVE BEEN APPROVED BY THE CITY COMIlISION
AND WERE EFFECTIVE JANUARY 1, 1991. THE ORIGINAL BUDGETED REVENUE OF $17,621,283 REFLECTED THE
RATE INCREASE AS OF OCTOBER 1, 1990 AND THEREFORE HAS BEEN ADJUSTED TO S15,150,OOO.
2. ) SANITATION FUND: THERE WAS H CHANGE IN POLICY THAT ELIIlINATED BILLING FOR DISPOSAL FEES.
THIS WILL BE INCORPORATED INiO PALM BEACH COUNTY SOLID WASTE AUTHORITY BILLING.
3. ) STDRHWATER UTILITY FUND: STORHWATER ASSESSMENT BILLS TOTALLING $947,000 WERE HAILED ON MARCH 15, 1991 OF
THE CilY OF DELRAY BEACH
WATER AND SEWER FUND
COMPARATIVE INCOME STATEMENTS FOR
SiX MONTHS ENOIING MARCH 31, 1991
-------------- ----1990---- --------------- --------------- ----1991---- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
ACiUAl AS OF AUD !TED ACTUAL TO DAlE AC1UAL AS OF 101AL ANNUAL AC1UAL TO DATE
MAR 31, 1990 FY 1989-90 AS A X OF 1DTAL liAR 31, 1991 BUDSET 90-91 AS A X OF TOTAL
-------------- ------------- --------------- --------------- ------------- ---------------
CHARGES FOR SERVICES $b,104,9~3 . $:12,22~, 149 ~9. 941 $&,899,330 $15,150,000 ~5.5~i.
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATING REVENUES f.6,11)4,943 $12,224,149 49.94% $6,899,330 $15,150,000 45.541.
OPERATING EXPENSES:
PERSONAL SERVICES $1,297,443 $2,779,367 46.68, $1,521,B34 $3,163,578 48.10%
OTHER OPERATING EXPENSES $l,8.S1,22l $5,073,540 36.68% $1,824,990 $4,191,354 43.547.
~EPREC I A II ON $595,002 $1,250,578 47.587. $600,000 tl,200,OOO 50.00%
OPERATION OF REGIONAL PLANT $868,075 $1,178,646 73.657. $880,&70 $2,152,860 40.917.
DEPRECIATION DF REGIONAL PLANT $240,000 $483,112 49.68% $250,000 $500,000 50.00X
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATING EXPENSES $4 ,86t ,741 $10,765,243 45.16'L $5,077,494 $11,207,792 45.30%
-------------- ------------- --------------- --------------- ------------- ---------------
OPERATINS INCOME $1 ,243,202 $1 ,458,906 85.211 $1,821,836 $3,942,208 46.211
NONOPERATING REVENUES (EXPENSES):
INTEREST REVENUE $167,652 $673,161 39.761 $474,904 $532,000 89.277.
INTEREST EXPENSE ($9C'8,887) 1$1,864,634) 48.747. U1,20B,000) U2,415,515) 50. on
MISCELLANEOUS INCOME (EXPENSE) $8,503 $186,984 4.557- $135,631 $0 0.007.
-------------- ------------- --------------- --------------- ------------- ---------------
TOtAL NONOPERATING
REVENUE AND (EXPENSE) [$632,732) i$l, 004,489) 62.991 1$597,465) 1$1,883,515) 31.724
INCOME BEFORE f610,470 $454,417 134.344 $1,224,371 $2,058,693 59.47%
OPERATING TRANSFERS
OPERATING TRANSFERS IN {OUTi
OPERATING TRANSFERS IN $0 $0 0.004 $25,000 $0 0.001.
OPERATING TRANSFERS OUT ($&88,5~5i ($I, 346, 39C.) 51.14% {$784,2501 ($1,5&8,534) 50.00X
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATING TRANSFERS ($688,5451 ($j t 346, 390) 51.14% ($759,250) ($1,568,534) 48.41X
-------------- ------------- --------------- --------------- ------------- ---------------
fiiNET INCOME (LOSS) m8,075) 1$891,973) 8.757- $465,121 $490,159 94.89%
ADO NON CASH EXPENSE
DEPRECIATION $835,002 $1,733,690 48.161 $850,000 $1,700,000 50X
LESS CASH EXPENSES ,.
PRiNCIPAL PAYMENTS ON BONDS $158,625 $717,250 50.001. $585,000 $1,170,000 507.
-------------- ------------- --------------- --------------- ------------- ---------------
CASH AVAILABLE FOR CAPITAL
ACQUISITION, PROJECTS, & RENEWAL $398,302 $124,467 $730,121 $1 ,020,159
~ REPLACEMENT RESERVES
-------------- ------------- --------------- --------------- ------------- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
NDTE: WATER AND SEWER RATE INCREASES HAVE BEEN APPROVED BY THE CITY COKHISSIDN. THE
NEJ RATES WERE EFFECTIVE JANUARY 11, 1991. THE ORISINAL BUDGETED REVENUE OF !-17,621,283 REFLECTED THE RATE INCREASE
EFFECTIVE OCTOBER 1, 1990 AND THEREFORE HAS BEEN ADJUSTED TO $15,150,000.
"
THE CITY OF DEL RAY BEACH
MUNICIPAL GOLF COURSE FUNO
COMPARATIVE INCOME STATEMENTS FOR
SIX MONTHS ENDIING MARCH 31, 1991
-------------- ----1990---- --------------- --------------- ----1991---- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
ACTUAL AS OF AUO !TED ACTUAL TO DATE ACTUAL AS' OF TOTAL ANNUAL ACTUAL TO DATE
MAR 31, 1990 . FY 19B9-90 AS A 7. OF TOTAL MAR 31, 1991 BUDGET 90-91 AS A t OF TOTAL
-------------- ------------- --------------- --------------- ------------- ---------------
OPERATING REVENUES:
SDLF OPERATOR lICENSING FEE $127.167 $165,063 77 . 041 $0 $0 O.OOt
CHARGES FOR SERVICES
~:EST AURANT $5.614 $8,026 69.957. $10,500 $20,300 51.727.
GOLF COURSE FEES $0 $144,481 O.OOt $1,029,916 $1,394,500 73.867.
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATING REVENUES $132,781 $317,570 41.817. $1,040,416 $I ,414,800 73.547.
OPERATING EXPENSES:
PERSONAL SERVICES $0 $0 $0 $0 O.OOt
OTHER OPERATING EXPENSES $35,252 $195,218 11. 94% $438,633 $954,559 45.951
DEPREC I A TI ON $21,420 $46,884 45.697. $25,500 $51,000 50.00t
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATING EXPENSES $56,672 $342,102 16.57% $464,133 $1 ,005,559 46.167.
-r------------ ------------- --------------- --------------- ------------- ---------------
OPERATINS INCOME $ib,10'i ($24,5321 -310.24% $576,283 $409,241 nO.821
NONOPERATING REVENUES (EXPENSES):
INTEREST REVENUE $1.553 nO,484 5.091 $5,782 $40,000 14.461
INTEREST EXPENSE ($47,440) 1$178,623) 26.56t ($85,5901 ($168,400) 50.837.
MISCELLANEOUS INCOME (EXPENSE) $8 $51,497 0.02t $76 , 973 $13,700 100.007.
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL NONOPERATING
REVENUE AND (EXPENSE) lH5,8791 ($%,642) 47.471 1$2,B35) lU14,700) 2.471
HJCOME BEFORE $30,230 ($121,174) -24.95% $573,448 $294,541 194.69'L
OPERATING TRANSFERS
OPERATING TRANSFERS IN (OUT)
OPERAT!NG TRANSFERS IN $0 $0 $0 $0
OPERATING TRANSFERS OUT (f.9,138) (f.21 ,932) 41.677. ($10,950) (:S21,900) 50.007.
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATING TRANSFERS ($9,138) ($21,9321 41.677. ($10,950) ($21,9001 50.007.
-------------- ------------- --------------- --------------- ------------- ---------------
NET INCOME {LOSS) ,. $21,092 1$143, lObI -14.747. $562,498 $272,641 206.317.
ADD NON CASH EXPENSE
DEPRECIATION $21,420 $46,8B4 46I $25,500 $51,000 50%
LESS CASH EXPENSES
PRINCIPAL PAYMENTS ON BONDS $37,919 $15,838 50% $93,200 $186,400 50%
-------------- ------------- --------------- --------------- ------------- ---------------
CASH AVAILABLE FOR CAPITAL
ACQUISITION, PROJECTS, & RENEWAL $4,593 ($l72,060) $494,798 $137,241
~ REPLACEMENT RESERVES
-------------- ------------- --------------- --------------- ------------- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
THE CITY OF DEL RAY BEACH
CITY KARINA FUND
COMPARATIVE INCOME STATEMENTS FOR
SIX MONTHS ENDING MARCH 31, 1991
-------------- ----1990---- --------------- --------------- ----1991---- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
ACTUAL AS OF AUDITED ACTUAL TO DATE ACTUAL AS OF TOTAL ANNUAL ACTUAL TO DATE
MAR 31, 1990 FY 1989-90 AS A X OF TOTAL I'lAR 31, 1991 BUDGET 90-91 AS A % OF TOTAL
-------------- ------------- --------------- --------------- ------------- ---------------
OPERATINE REVENUES:
CHARGES FOR SERVICES $44,285 t:90,832 48.75% t:47,497 HO,200 52.66%
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATING REVENUES $44,2B5 t:90,832 48.75% $U,497 $90,200 52.bb%
OPERATING EXPENSES:
OTHER OPERATING EXPENSES $12,472 t:2B,111 44.371 $14,974 $34,256 43.71X
[JEPREC I A T I ON $13,500 $39,204 34.447- $13,500 $27,000 50.00%
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATING EXPENSES $25,972 $67,315 38.581 $2B, 474 $b1,25b 4b.481
-------------- ------------- --------------- --------------- ------------- ---------------
OPERATIN6 INCOME $19,313 t:23,517 77.9n U 9,023 $29,944 65.72%
NONOPERATING REVENUES (EXPENSES):
INTEREST REVENUE 11=2,2321 i $2,30B -9b.71% $2,669 $4,200 63.527.
MISCELLANEOUS INCOME (EXPENSE) $201 $365 55.0n $58 noo 19.33%
INTERGOVERNMENTAL REVENUE $10,541 $10,541 100.00l SO $0 100.00%
-------------- ---.--------- --------------- ---------.----- -.-.--------- --------------.
TOTAL NONOPERATING
REVENUE AND (EXPENSEl S8,510 $13,214 64.401 $2,726 S4,500 bO.5B1
INCOME BEFORE $26,923 nb, i31 73.03i. m,749 $33,444 65.03%
OPERATING TRANSFERS
.'
OPERATING TRANSFERS IN (OUTi
OPERATING TRANSFERS IN
DPERATING TRANSFERS OUT ($2,877:> ($5,755i 49.9n l$2,877l ($5,800) 49.bO%
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATING TRANSFERS It:2 , 3771 it:5,7551 49.99% ($2,8771 ($5,800) 49.60%
-------------- ------------- --------------- --------------- ------------- ---------------
NET INCOME (LOSSi $23,946 nO,976 77.317. UB,B72 $27,644 6B.27%
ADD NON CASH EXPENSE
DEPRECIAT ION $13,500 $39,204 34.44% $13,500 $27,000 50.001
..
LESS CASH EXPENSE
PRINCIPAL rAYMENTS ON BONDS $(; $0 0.007. $0 $0 0.007.
-------------- ------------- --------------- --------------- ------------- ---------------
CASH AVAILABLE FOR CAPITAL
ACQUISITION, PROJECTS, RENEWAL
REPLACEMENT RESERVES $37,446 $70,lBO $32,372 $54,644
-------------- ------------- --------------- --------------- ------------- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
THE CITY OF DELRAY BEACH
SANITATION FUND
COMPARATIVE INCOME STATEMENTS FOR
SIX MONTHS ENDING MARCH 31, 1991
-------------- ----1990---- --------------- --------------- ----1991---- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
ACTUAL AS OF AUD !TED ACTUAL TO DATE ACTUAL AS OF TOTAL ANNUAL ACTUAL TO DATE
MAR 31, 1990 FY 1989-90 ~S A X OF TOTAL MR 31, 1991 BUDSET 90-91 AS A 1 OF TOTAL
-------------- ------------- --------------- --------------- ------------- ---------------
OPERATING REVENUES:
CHARGES FOR SERVICES $1 ,701,458 :$3,70&,245 45.917. $1,000,887 $02,0&5,2&4 48.4&1
GRANT REVENUE $0 $48,359 0.00% $22,430 $51,000 43.98%
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATING REVENUES r--l,701,458 $1,754,&04 45.321 $1,023,317 $2,116,264 48.35%
OPERATING EXPENSES:
PERSONAL SERVICES SO $14,591 O.OOI $17,&24 $3&,750 47.9&1
OTHER OPERATING EXPENSES $1,557,666 $3,889,120 40.05% $923,143 $1,989,773 46.397.
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATING EXPENSES $1,557,666 $3,903,711 39.901 $940,767 $2,026,523 46.42%
-------------- ------------- --------------- --------------- ------------- ---------------
OPERATING INCOME $H3,792 ($149,1071 -%.441 $82,550 $89,741 91.991
NONOPERATING REVENUES (EXPENSES):
INTEREST REVENUE $23,91& $17,774 134.561. (H,bb71 $21,000 -17.46%
MISCELLANEOUS INCOME (EXPENSE) t8,112 $19,915 40.731 $7,658 $15,000 51.051
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL NONOPERATING
REVENUE AND (EXPENSE) $32,028 $37,&89 94.991 $3,991 $36,000 11. 091
HJCOI1E BEFORE $175,820 ($1t 1,4191 -157.80% $8b,541 $125,741 68.821
OPERATING TRANSFERS
OPERATING TRANSFERS IN (OUT)
OPERATING TRANSFERS IN
.OPERATIN6 TRANSFERS OUT $0 SO 0.00% ($25,0001 ($50,000) 50.001
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATING TRANSFERS $0 $0 0.001 ($25,0001 ($50,000) 50.00%
-------------- ------------- --------------- --------------- ------------- ---------------
NET INCOME ILOSSI $175,820 1$111,418J -157.80% $61,541 $75,741 81.25%
ADD NON CASH EXPENSE
DEPRECIATION $0 $0 0.001 $0 $0 0.001
"
LESS CASH EXPENSES
PRINCIPAL PAYKENTS ON BONDS $0 $0 0.00% SO $0 0.001
-------------- ------------- --------------- --------------- ------------- ---------------
CASH AVAILABLE FOR CAPITAL
ACQUISlTION, PROJECTS, RENEWAL $115 , B20 ($111,41Bl $61,541 $75,741
AND REPLACEKENT RESERVES
-------------- ------------- --------------- --------------- ------------- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
NOTE: FISCAL YEAR 1990/91 REFLECTS A CHANGE IN POLICY THAT ELIftINATES BILLING
FOR DISPOSAL FEES. THIS WILL BE INCORPORATED INTO PALM BEACH COUNTY SOLID
WASTE AUTHORITY BILLING.
THE CITY OF DELRAY BEACH
CEMETERY FUND
COMPARATIVE INCOME STATEMENTS FOR
SIX MONTHS ENDING MMARCH 31, 1991
-------------- ----1990---- --------------- --------------- ----1991----- ---------------
----.--------- ------------- --------------- --------------- ------------- ---------------
-------------- -----.------- ----------.---- --------------- ------------- ---------------
ACTUAL AS DF AUDITED ACTUAL TO DATE ACTUAL AS OF TOTAL ANNUAL ACTUAL TO DATE
MAR 31, 1990 FY 1989-90 AS A Z OF TOTAL MAR 31, 1991 BUDGET 90-91 AS A I OF TOTAL
--------_.-._- .---_.----.-- -----.--------- --------------- ------------- ---------------
"
OPERATING RE~ENUES:
CHARGES FOR SERVICES $27.224 $48,330 56.331 $24,621 $67,000 . ~.6. 751
SALE DF CEMETERY LDTS $11,584 $21,40B 54.1n $11,920 $20,000 59.bOI.
--.----------- --------.-._- ----_.--------- --------------- -.__.-------- ---------------
TOTAL OPERATING REVENUES $38,808 $69,738 55.65Z $36,541 $87,000 42.00~
QPERATiNG EXPENSES:
PERSONAL SERVICES $39. bbl) $73,451 54.007- S3B,b07 $B9,049 n.35X
OTHER OPERATING EXPENSES $21,073 $38,547 54.6n $20,048 $65,b83 30.521
DEPRECIATION $3,600 $8,771 41. 047- $3,bOO $7,200 50.001
----------.--- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATING EXPENSES $64,333 $120,769 53.27% $62,255 $161,932 38.45%
-------------- ------------- --------------- --------------- ------------- ---------------
OPERATING INCOME ($25,525) ($51,0311 50.02% ($25,714) ($74,932) 34.321
NONOPERATING REVENUES (EXPENSES):
INTERE~T REVENUE $2.708 $6.178 43.83% $1,738 $6,000 28.971
MISCELLANEOUS INCOME (EXPENSE) $0 $0 0.007. $0 $0 0.00%
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL NONOPERATING
REVENUE AND {EXPENSEi $2.703 $b,179 43.832 Sl,138 $b,OOO 28.977.
WCOI1E BEFORE ($22,817) ($44,853) 50.8n ($23,976) ($68,932) 34.78%
OPERATING TRANSFERS
OPERATING TRANSFERS IN (OUT)
OPERATING TRANSFERS IN $0 S38,30b 0.007. $42,498 $85,000 50.00%
OPERATING TRANSFERS OUT ($1,7281 $0 0.007. ($1,728) ($3,500) 49.377.
-------------- ------------- --------------- --------------- ------------- ---------------
TDT~L OPERATING TRANSFERS (H,7281 $38,306 -4.51Z $40,770 $81,500 50.02%
-------------- ------------- --------------- --------------- ------------- ---------------
NET INCOME (LOSS) \t24,545i ($b,547) 3H. 90% $16,794 $12,568 133.63%
.'
ADD NON CASH EXPENSE
DEPREe I A TI ON $3,600 sa, 771 41. on $3,600 $7,200 50.00%
LESS CASH EXPENSES
PRINCIPAL PAYMENTS ON BONDS $0 $0 0.001 $0 $0 0.00%
CASH AVAILABLE FOR CAPITAL -------------- ------------- --------------- --------------- ------------- ---------------
ACQUISITION, PROJECTS, RENEWAL ($20,945) $2,224 $20,394 $19,768
REPLACEMENT RESERVES
-------------- ------------- --------------- --------------- ------------- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
THE CITY OF DELRAY BEACH
STORMWATER UTILITY FUND
COMPARATIVE INCOME STATEMENTS FOR
SIX MONTHS ENDING MARCH 31, 1991
-------------- ----1990----- --------------- --------------- ----1991----- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
ACTUAL AS OF" AUDITED ACTUAL TO DATE ACTUAL AS OF TOTAL ANImAL ACTUAL TO DATE
MAR 31, 1990 FY 1989-90 AS A ! OF TOTAL MAR 31, 1991 FUDGET 90-91 AS A % OF TOTAL
-------------- ------------- --------------- --------------- ------------- ---------------
OPERATING REVENUES:
CHARGES FOR SERVICES $0 $0 0.001 $56,179 $870,000 6.461
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATING REVENUES $0 $0 0.00% $56,179 $870,000 6.461
OPERATING EXPENSES:
PERSONAL SERVICES $0 $0 0.00% $6,883 $18,275 37.667.
OTHER OPERATING EXPENSES $0 H,300 0.00% $102,561 $156,303 65.62%
DEPRECIATION $0 $0 0.007. $0 $0 0.007.
-------------- ------------- --------------- --------------- ------------- ---------------
TDTAL DPERATING EXPENSES $0 H,300 0.007. $109,444 $174,578 62.b97.
-------------- ------------- --------------- --------------- ------------- ---------------
OPERATING INCOME [LOSS) $0 (H,3001 0.007. ($53,265) $695,422 -7.667.
NONOPERATING REVENUES (EXPENSES):
MISCELLANEOUS INCOME (EXPENSE) $0 $0 0.007. $0 $0 0.001
INTEREST INCOKE (EXPENSEi ($2,3051 $0
TOTAL NONOPERATING $0 $0 0.001 1$2,3051 $0 0.007.
REVENUE AND (EXPENSE)
INCOME FEFORE $0 ($4,3001 0.001 ($55,5701 $695,422 -7.997.
OPERATING TRANSFERS
OPERATING TRANSFERS IN lOUT)
OPERATING TRANSFERS IN $0 $0 0.00% $0 $0 0.001
OPERATING TRANSFERS OUT $Q $0 0.007. ($2215001 1$45,000) 0.00%
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATING TRANSFERS $0 $0 0.007. 1$22,5001 ($45,000) 0.007.
NET INCOME (LOSS) $0 {H,3001 0.001 ($78,0701 $650,422 -12.007.
.'
ADD NON CASH EXPENSE
DEPRECIATION $0 $0 0.007. $0 $0 0.007.
LESS CASH EXPENSES ."
PRINCIPAL PAYMENTS ON BONDS $11 $0 0.007. $0 $0 0.001
CASH AVAILABLE FOR CAPITAL
ACQUISITION, PROJECTS. RENEWAL $0 ($4,3001 ($78,0701 $650,422
REPLACEMENT RESERVES
-------------- ------------- --------------- --------------- ------------- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
NOTE: STORMWATER ASSESSMENT BILLS HAILED MARCH 15, 1991
INTERNAL SERVICE FUNDS
MARCH (PERIOD 6) REVIEW
FISCAL YEAR 1990-91
Self-Insurance Fund
This Fund reflects a net income of $108,905 which is due to lower than
anticipated claims activity. Most premium payments for the year have been
made in full and thus have been amortized to reflect only six months of
activity.
Health Insurance Fund
This Fund reflects a net income of $80,460 which is due to lower than
anticipated claims activity. Rate increases to participants were increased
in October, 1990 and rate increases to administrative fees were awarded in
March, 1991.
SPECIAL NOTE TO INSURANCE FUNDS
The City needs to address the $806,300 deficit from previous years due to:
l. Underfunding of claims levels and costs, and
2. New requirements to set aside reserve funds for runoff claims.
Reserve funds must be sufficient to fund one quarter of actual claims.
City Garage Fund
This Fund, exclusive of the Vehicle Replacement Program, is reflecting a
$22,938 loss. Labor revenues are not sufficient to cover personal service
expenses and the non-labor revenues are not covering the remaining
expenses. This Fund requires a labor and material rate analysis to
determine the appropriate rates to produce break-even operations.
.'
THE CITY OF DELRAY BEACH
INCOME STATEMENTS FOR INTERNAL SERVICE FUNDS
AS OF MARCH 31. 1991
------------- -------------
-------....----- -------------
HEALTH
INSURANCE INSURANCE
FUND FUND
------------- -------------
OPERATING REVENUES:
INTERGOVERNMENTAL SERVICE REVENUE $870.720 $1. 0~i1.409
TOTAL OPERATING REVENUES $870.720 $1.051.409
OPERATING E~?ENSES:
PERSONAL SERVICES $]9.840 $0
OTHER OPERATING EXPENSES $714.500 $951,933
DEPREC I A TI ON $600 $0
------------- -------------
TOTAL OPERATING EXPENSES $794.940 $951,933
------------- -------------
OPERATING INCOME $75.780 $99,476
NONOPERATING REVENUES (EXPENSES)
MISCELLANEOUS INCOME (EXPENSE) $1,717 1$6,402)
INTEREST INCOME (EXPENSE) $31,408 1$12,6141
INCOME BEFORE OPERATING TRANSFERS $33,125 1$19,016)
INCOME BEFORE OPERATING TRANSFERS $108.905 $80.460
OPERATING TRANSFERS IN (OUTI
OPERATING TRANSFERS IN $0 $0
OPERATING TRANSFERS OUT $0 $0
.'
------------- -------------
TOTAL OPERATING TRANSFERS $0 $0
NET INCOME $108.905 $80,460
------------- -------------
------------- -------------
,.
THE CITY OF DELRAY BEACH
INSURANCE FUND
COMPARATIVE INCOME STATEMENTS FOR
SIX MONTHS ENDING MARCH 31, 1991
-------------- ----1990----- --------------- --------------- ----1991----- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
ACTUAL AS OF ' HUD ITED ACTUAL TO DATE ACTUAL AS OF TOTAL ANNUAL ACTUAL TO DATE
MAR 31, 1990 FY 1989-90 AS A I OF TOTAL MAR 31, 1991 BUDGET 90-91 AS A % OF TOTAL
-------------- ------------- --------------- --------------- ------------- ---------------
OPERATING REVENUES:
INTER60VERNMENTAL SERVICE $454,020 $991,967 46.247- $B70,720 $1,588,458 ' ERR
TOTAL OPERATING REVENUES t-4B9 ,902 $981,967 49.89% $870,720 $1,588,458 54.827:
OPERATING EXPENSES:
PERSONAL SERVICES $26,034 tl07,316 24.26% $79,840 $164,217 48.621.
OTHER OPERATIN6 EXPENSES $565,010 $1,130,020 50.00% $714,500 $1,490,646 47.931.
~EPRECIATION $0 $1,361 O.OQ); $600 $1,200 0.(0);
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATlNG EXPENSES $591.044 $I ,238, 696 47.72% $794,940 $1,654,863 48.041
-------------- ------------- --------------- --------------- ------------- ---------------
OPERATIN6 INCOME (LOSS) ($101,142) [$256,729) 39.40% $75,780 l$b6,405) -114.127:
NONOPERATIN6 REVENUES (EXPENSES):
MISCELLANEOUS INCOME (EXPENSE) $I OB ,51 q $149,203 72.731 $1,717 $3,500 49.061
INTEREST lNCONE (EXPENSE) $71,68S $143,375 $31,408 $71,000
TOTAL NONOPERATING $180,207 $292,578 61.591 $33,125 $74 \ 500 44.467:
REVENUE AND (EXPENSE)
INCOME BEFORE $79.065 $35,849 220.55% $108,905 $8,095 1345.34%
OPERATING TRANSFERS
OPERATING TRANSFERS IN lOUT)
OPERATIN6 TRANSFERS IN $0 $0 0.00% $0 $0 0.00%
OPERATIN6 TRANSFERS OUT $0 $0 0.001 $0 $0 O.OOX
-------------- ------------- --------------- --------------- ------------- ---------------
TOTAL OPERATING TRANSFERS $0 $0 0.00% $0 $0 0.00%
NET INCOME (LOSS) $79,065 $35,849 $108,905 $8,095
==c~========== ============= =============== --------------- ------------- ---------------
--------------- ------------- ---------------
THE CITY OF DElR~Y BE~CH
HEALTH INSURANCE FUND
COMPARATIVE INCOME STATEMENTS FOR
SIX MONTHS ENDING MARCH 31, 1991
-------------- ----1990---- --------------- --------------- ----1991----- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
flCTUAL AS OF AUDITED ACTUAL TO DATE ACTUAL AS OF TOTAL ANNUAL ACTUAL TO DATE
MAR 31, 1990 FY 1989-90 AS A I OF TOTAL KAR 31, 1991 BUDGET 90-91 AS A 2 OF TOTAL
-------------- --~---------- --------------- --------------- ------------- ---------------
OPERATING REVENUES:
INTERGOVERNMENTAL SERVICE $710,414 H,799,402 39.48% $1 ,051,409 $2,197,738 47.8n
TOTAL OPERATING REVENUES $710,414 :H,799,402 39.48% $1,051,409 $2,197,738 47.84i.
OPERATING EXPENSES:
OTHER OPERATING EXPENSES $1,210,t73 $2,420,346 50.00% $951,933 $2,120,132 44.90i.
TOTAL OPERATING EXPENSES $1,210,173 $2,420,346 50.001 $951,933 $2,120,132 44.901
-------------- ------------- --------------- --------------- ------------- ---------------
OPERATING INCOME (lOSS) 1H99,759) ($620,944) 80.481 $99,476 $77 ,606 128.187-
NONOPERATING REVENUES [EXPENSES;":
MISCELLANEOUS INCOME [EXPENSE) $1,713 $15,448 11.09% .' 1$6,402) $0 O.OO~
INTEREST INCOME (EXPENSE: 1$6,542) ($31,720) ($12,614) $0
TOTAL NONOPERATING $1,713 1$16,272) -10.531 1$19,016> $0 0.007.
REVENUE AND (EXPENSE)
INCOME BEFORE ($498,046) 1$637,216) 78.161 $80,460 $77,606 103.687-
OPERATING TR~NSFERS
uPERATING TRANSFERS IN tOUT)
OPERATING TRANSFERS IN $0 $0 0.007. $0 $0 0.002
OPERATING TRANSFERS OUT $0 $0 0.00% $0 $0 0.007.
-------------- ------------- --------------- --------------- ------------- ---------------
TOlAL OPERATING TRANSFERS $0 $0 0.007. $0 $0 0.007.
NET INCOME (LOSS) 1$498,046) 1$637,216) $80,460 $77,606
-------------- ------------- --------------- --------------- ------------- ---------------
-------------- ------------- --------------- --------------- ------------- ---------------
..
NOTE: A RATE INCREASE FOR HEALTH PREMIUMS WAS EFFECTIVE OCTOBER, 1990.
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,,,
THE CiTY OF DELRAY BEACH
INCOME STATEMENT FOR INTERNAL SERVICE FUNDS
AS OF KARCH 31. 1991
-------------
-------------
CENTRAL
GARAGE FUND
-------------
OPERATING REVENUES:
LABOR $104.915
PUMP FEE $8,423
PARTS FEE $13,226
MISC SERV FEE $3 .121
MISCELLANEOUS REVENUE ($5.183)
-------------
TOTRL OPERATING REVENUES $124,502
OPERATING EXPENSES:
PERSONAL SERVICES $107,698
OTHER OPERATING EXPENSES $38,741
OTHER EXPENSES $I ,001
-------------
TOTAL OPERATING EXPENSES $147,440
CASH FROM OPERATIONS 1$22,9381
VEHICLE REPLACEMENT REVENUE $245,727
DEPRECIATION EXPENSE ($3,750)
-------------
NET INCOME $219,039
ADD 8ACK: NON-CASH
DEPRECIATION EXPENSE $3.750
-------------
CASH AVAILABLE FOR
VEHICLE REPLACEMENT $222.789
-------------
-------------
.'
THE CITY OF DELRAY BEACH
CITY GARAGE FUND
COMPARATIVE INCOME STATEMENTS FOR
SIX MONTHS ENDING KARCH 31, 1991
----1990------- --------------- ----1991---- ---------------
--------------- --------------- --------------- ---------------
--------------- --------------- ------------.-- ---------------
AUDITED ACTUAL AS OF TOTAL ANNUAL ACTUAL TO DATE
FY 1989-90 MAR 31, 1991 BUDGET 90-91 AS A 1 OF TOTAL
---.----------- --------------- --------------- ---------------
OPERATING REVENUES:
lABOR $196,771 $104,915 $294,274 35.651
PUI'lP FEE $5,301 $B,423 $19,890 42.35%
PARTS FEE $12,171 $13,226 $204,400 6.471
"ISC SERV FEE $12,257 $3, 121 $3,000 104.03%
MISCELLANEOUS REVENUE ($5,6071 1$5,1831 $5,600 -92.55%
--------------- --------------- .-------------- .--------------
TOTAL OPERATING REVENUES $220,893 $124,502 $527,164 23.62%
OPERATING EXPENSES:
PERSONAL SERVICES $220,754 $107,698 $286,055 37.65%
OTHER OPERATING EXPENSES '$77,409 $38,741 $73,115 52.99%
OTHER EXPENSES $5,605 $1,001 $54,000 .' 1.85%
--------------- --------------- --------------- ---------------
TOTAL OPERATING EXPENSES $303,768 $147,440 $413,170 35.69%
CASH FROK OPERATIONS ($82,875) ($22,938) $113,994 -20.127.
VEHICLE REPLACEMENT REVENUE $0 $245,727 $493,696 49.77%
DEPRECIATION EXPENSE ($12,8051 ($3,750) ($7,500) 50.007.
--------------- --------------- --------------- ---------------
NET INCOME 1$95,680) $219,039 $600,190 36.491
ADD BACK: NON-CASH
DEPRECIATION EXPENSE $12,B05 $3,750 $7,500 50.001
--------------- --------------- --------------- ---------------
CASH AVAILABLE FOR
VEHICLE REPlACEI'lENT 1$82,875) $222,789 $607,690
=============== =============== =============== ===============
"
.
THE CITY OF DELRAY BEACH
VEHICLE RENTAL AND REPLACE"ENT
COMPARATIVE INCOME STAiE"ENTS FOR
SIX ~DNiHS ENDING MARCH 31, 1991
----1990------- --------------- ----1991---- ---------------
--------------- --------------- -----------_.-- ---------------
--------------- --------------- --------------- ---------------
UNAUDITED ACTUAL AS OF TOTAL ANNUAL ACTUAL TO DATE
FY 1989-90 MAR 3"1, 1991 BU!)6ET ,90-91 AS A % OF TOTAL
--------------- --------------- --------------- ---------------
REVENUES:
INTER-DEPARTMENTAL $1) $245,727 $493,696 49.771
--------------- --------------- --------------- ---------------
TOTAL REVENUES $0' $245,727 t493,696 49. 77~
--------------- --------------- --------------- --------------.
--------------- --------------- --------------- ---------------
EXPENSES:
VEHICLE PURCH~SE ,$(1 $297,432 $493,696 60.25%
--------------- --------------- --------------- ---------------
TOTAL EXPENSES $0 $297,432 1493,696 60.25%
--------------- --------------- --------------- ---------------
--------------- --------------- --------------- ---------------
NOTE: THE VEHICLE REPLACEMENT REVENUE IS BASED ON THE BUDGETED EXPENSE IN
IN THE INDIVIDUAL DIVISIONS.
.-
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERzrJf;{
SUBJEeT: AGENDA ITEM # loA - MEETING OF MAY 14, 1991
ORDINANCE NO. 23-91
DATE: Ma y 9, 1991
This is a second reading of an Ordinance rezoning property located on
the east side of Palm Square from Residential Medium (RM) Zoning
District to Community Facilities (eF) Zoning District in order to
accommodate the proposed expansion and upgrade of a parking area south
of the Boyd Building.
It is the intent of the owner to provide 31 parking spaces
specifically for the proposed passenger boat loading and ticket sales
office. Those spaces are to be developed in conjunction with the
Canal Street Restaurant parking lot to the north. At present, that
parking lot has 40 spaces. Additionally, the Canal Street Restaurant
is requesting a 980 square foot deck expansion. That expansion would
require an additional four parking spaces. In total 75 parking spaces
are to be provided.
Because the Future Land Use Map shows this property as Medium Density
Residential, the property must be rezoned in order to support a
parking lot. While CF zoning is primarily intended for facilities
which serve public and semi-private purposes, it does accommodate a
privately operated parking lot as a conditional use.
The Planning and Zoning Board at their January 28th meeting
recommended approval (6-1 vote/-Naron dissenting). Several residents
spoke in favor of and in opposition to this request.
~ f1PP~Vf:..- PASSED Of)
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. -
ORDINANCE NO. 23-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDEN-
TIAL) DISTRICT IN CF ( COMMUNITY FACILITIES)
DISTRICT: SAID LAND BEING LOTS 58 AND 91 OF A
SUBDIVISION OF BLOCKS 125 AND 133 OF THE CITY OF
DELRAY BEACH, FLORIDA, KNOWN AS PALM SQUARE, AN
UNRECORDED PLAT: SAID LAND BEING LOCATED ON THE
EAST SIDE OF PALM SQUARE, BETWEEN EAST ATLANTIC
AVENUE AND S.E. 1ST STREET;' AND AMENDING .ZONING
DISTRICT MAP, 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, Flori-
da, to-wit:
Lots 58 and 91 of a subdivision of Blocks 125 and 133
of the City of Delray Beach, Florida, known as Palm
Square, according to the unrecorded Plat thereof
prepared by George A. Long, Surveyor, February 1920 for
Frank Noble, Trustee, a copy of said unrecorded plat
being on file in the office of the City Clerk of Delray
Beach, Florida. Said lands being more particularly
described as follows:
A part of Blocks 125 and 133 of the City of De lray
Beach (formerly Linton), Florida, as per plat thereof
on file in the office of the Clerk of the Circuit Court
in and for Palm Beach County, Florida, recorded in Plat
Book 1, Page 3: beginning at a point on the east line
of Block 133 west of the canal, which point is approxi-
mately 190.02 feet southerly from the Northeast corner
of said Block 133 west of the canal: thence southerly
along the east line of said Block 133 west of the
canal, a distance of 25.11 feet, more or less: thence
run west 239.65 feet, more or less and parallel to the
north line of said Block 133 west of the canal to the
then right-of-way line of Palm Avenue: thence run north
along the east right-of-way line of Palm Avenue a
distance of 25.00 feet, more or less; thence run east
and parallel to'the north line of said Block 133 west
of the canal a distance Of 243.07 feet, more or less,
to the point of beginning.
The subject property is located on the east side of
Palm Square, between East Atlantic Avenue and S.E. 1st
Street.
The above described parcel contains a 0.1388 acre
parcel of land, more or less.
Section 2. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning District Map of the City of Delray Beach, Florida, to
conform with the provisions of Section 1 hereof.
.
.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading March 26, 1991
Second Reading
.
- 2 - ORD. NO. 23-91
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER m
SUBJECT: AGENDA ITEM # 12 A - MEETING OF MARCH 26, 1991
ORDINANCE NO. 23-91
DATE: March 20, 1991
This is a first reading of an Ordinance rezoning property located on
the east side of Palm Square from Residential Medium (RM) Zoning
District to Community Facilities (CF) Zoning District in order to
accommodate the proposed expansion and upgrade of a parking area south
of the Boyd Building.
It is the intent of the owner to provide 31 parking spaces
specifically for the proposed passenger boat loading and ticket sales
office. Those spaces are to be developed in conjunction with the
Canal Street Restaurant parking lot to the north. At present, that
parking lot has 40 spaces. Additionally, the Canal Street Restaurant
is requesting a 980 square foot deck expansion. That expansion would
require an additional four parking spaces. In total 75 parking spaces
are to be provided.
Because the Future Land Use Map shows this property as Medium Density
Residential, the property must be rezoned in order to support a
parking lot. While CF zoning is primarily intended for facilities
which serve public and semi-private purposes, it does accommodate a
privately operated parking lot as a conditional use.
The Planning and Zoning Board at their January 28th meeting
recommended approval (6-1 vote/-Naron dissenting). Several residents
spoke in favor of and in opposition to this request. The Community
Redevelopment Agency is in favor of the rezoning request and the
exp~nsion of the parking area.
PASSED IS"l e.EAD ~() 3J~Jq I on 5-0 OoTE.,
- ~nd eE.AO q.., PH to bE. CcoeDUlATE:J) wifh
tond; ~'OnAL u.s~ AC,T1o/J -
ORDINANCE NO. 23-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DEL RAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDEN-
TIAL) DISTRICT IN CF (COMMUNITY FACILITIES)
DISTRICT: SAID LAND BEING LOTS 58 AND 91 OF A
SUBDIVISION OF BLOCKS 125 AND 133 OF THE CITY OF
DELRAY BEACH, FLORIDA, KNOWN AS PALM SQUARE, AN
UNRECORDED PLAT: SAID LAND BEING LOCATED ON 'THE
EAST SIDE OF PALM SQUARE, BETWEEN EAST ATLANTIC
AVENUE AND S.E. 1ST STREET: AND AMENDING "ZONING
DISTRICT MAP, 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, Flori-
da, to-wit:
Lots 58 and 91 of a subdivision of Blocks 125 and 133
of the City of Delray Beach, Florida, known as Palm
Square, according to the unrecorded Plat thereof
prepared by George A. Long, Surveyor, February 1920 for
Frank Noble, Trustee, a copy of said unrecorded plat
being on file in the office of the City Clerk of Delray
Beach, Florida. Said lands being more particularly
described as follows:
A part of Blocks 125 and 133 of the City of Delray
Beach (formerly Linton), Florida, as per plat thereof
on file in the office of the Clerk of the Circuit Court
in and for Palm Beach County, Florida, recorded in Plat
Book 1, Page 3: beginning at a point on the east line
of Block 133 west of the canal, which point is approxi~
mately 190.02 feet southerly from the Northeast corner
of said Block 133 west of the canal: thence southerly
along the east line of said Block 133 west of the
canal, a distance of 25.11 feet, more or less: thence
run west 239.65 feet, more or less and parallel to the
north line of said Block 133 west of the canal to the
then right-of-way line of Palm Avenue; thence run north
along the east right-of-way line of Palm Avenue a
distance of 25.00 feet, more or less; thence run east
and parallel to the north line of said Block 133 west
of the canal a distance of 243.07 feet, more or less,
to the point of beginning.
The subject property is located on the east side of
Palm Square, between East Atlantic Avenue and S.E. 1st
Street.
The above described parcel contains a 0.1388 acre
parcel of land, more or less.
Section 2. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning District Map of the City of Delray Beach, Florida, to
conform with the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - ORD. NO. 23-91
C I T Y COM MIS S ION DOC U MEN TAT ION
TO, ~ON MACG~EGOR-HARTY. CITY CLERK
L~Cv~A J ~uc<~<!)-
FROM: D ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
FIRST READING OF ORDINANCE REZONING PROPERTY ON THE
EAST SIDE OF PALM SQUARE FROM RM TO CF
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a rezoning ordinance. The change is for a
0.13 acre area comprise~of two substandard RM lots.
The project involves expansion and upgrading of parking area
south of the Boyd Building (Atlantic Avenue at the
Intracoastal) .
BACKGROUND:
(Also, see the related agenda item pertaining to establishment of
a passenger boat loading area.)
This property is currently vacant and is in the same ownership as
is property to the north. Immediately to the north, adjacent
vacant land is zoned CBD. A CBD zoning designation cannot be
accommodated on this site because the Future Land Use Map shows
it as Medium Density Residential; hence the current zoning of RM.
The property owner wishes to expand and upgrade the existing
parking area. To do so, this property must have a zoning other
than RM. The Community Facilities (C.F. ) district in a vehicle
through which this desire can be accommodated. While the C.F.
district is "primarily intended for facilities which serve public
and semipublic purposes" it does accommodate a "privately
operated parking lot" as a conditional use. Thus, the use of the
zoning for the intended purpose is appropriate and permitted.
This application of the Code has been challenged by a Mr. Dominic
A. De Ponte. See his attached letter excerpt.
The lots in their present configuration and zoning cannot be used
for any purpose allowable under the RM zoning district.
City commission Documentation
Meeting of February 12, 1991
First Reading of Ordinance Rezoning Property
On the West Side of Palm Square From RM to CF
Page 2 ,-
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at it's
meeting of January 28th at which time a duly notice public
hear ing was held. The Board considered the argument of Mr. De
Ponte and then unanimously (7-0) recommended approval of the
rezoning.
RECOMMENDED ACTION:
By motion, approval of the Ordinance on First Reading and setting
of a public hearing date of February 26th.
Attachment:
* Excerpt of Mr. De Ponte's letter which pertains to the
rezoning.
DJK/#78/CCPALM.TXT
I',
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1/
,
TO: DELRAY BEACH PLANNING &ZONING COMMISSION
\
-r APPLICATION FOR BOAT LANDING AND SALES TICKET OFFICE - PALM WAY
~,
AGENDA ITEM IIIB
I am appearing tonight to challenge the legality of this Application as
follows:
I. ISSUE REGARDING CHANGE OF ZONE FROM RM TO CF
A. In this application, a community Facility zoning is an improper
zone to use. It is a violation of the purposes and intent of
section 4.421.
\ "(A) Purpose and Intent: The Community Facilities (CF Oistrict')is
a special purpose zone district primarily intended for facilities which serve
public and semi-public purposes. It is also applied to regulated properties
subjected to a transfer of developmental rights. Such purposes include
9.9vernmental uses. churches. educational. service and institutions. The CF
L crict is deemed compatible with all land use designations shown on the
Future Land Use Map."
It's scope is to include in 4.4:21 (B) the following uses:
( 1 ) Governmental Facilities such as courthouses, post office, fire
stations, etc.
( 2) Community Facilities. such as civic centers. community
centers. community theater. cultural facilities and
auditoriums. libraries. museums.
( 3 ) Parks and Recreation facilities, such as parks, ballparks.
( 4 ) Service oriented faci Ii ties, such as Abused Spouse Residences,
"
Child Care Centers, etc.
FURTHERMORE, Delray Zoning Code Section 173.745 states the Purpose and
1~7.746 outlines Permitted Use, as follows:
"Such Facilities shall include cultural. educational. medical.
institutional and qovernmental facilities."
r
(B) A commercial boat landing and sales. ticket office does not come
w~thin any of the above ou',! ined uses, AND, therefore, it cannot
avail itself of a CF Zone change.
n interpreting ordinances, we must look at the Legislative intent. clearly,
:his type of operation is not contemplated to be included as "Community
.'acili ty. " If you permit this interpretation, then, it would be too broad
lnd vague and become an Unconstitutional Ordinance at Law, but it is good
\
law. It is i to be interpreted properly. CF could conceivably be used in
every zoning application situation under the above premise, which is bad law.
However, statute 173.746 clearly defines the uses that could avail itself of
this zarUng Ordinance and none include a boat excursion or amusement ride.
consequently, CF Zoning cannot be made available to cover this special
situation. The Zone change must be rejected and denied.
\
(C) In the event this Zone is approved in its present form, it would be
.
"
tantamount to SPOT ZONING'which is illegal. Effectively, you are
changing RM Zone to CBD Commercial. You are permitting indirectly
what you could not permit to do directly. If you find a hardship
because of the argument given and grant this Application, it would
amount to a Variance which your Commission has no authority to
\,
give, and it would again be spot Zoning.
The only remedy available to Applicant, if he wants to pursue this
Use, would be to seek a Land Use change and a new Future Land Use
Map for a CBD Zone, and Applicants knew this from the start.
,
i'
The proposed use is incompatible with RM Zone and Adjoining
Residential Historic District. It is, furthermore, inconsistent with the
ambiance of the Historic District. Lastly, it is against the Comprehensive
Plan adopted February, 1990 which recommends that this area remain stable. ,
\
2
~.,
,
I can't conjecture anything that is more unstable than this Amusement Ride
. .
with a box lunch and drinking parties in the daytime and evening! ! ! A
c]n~IVAL ATMOSPHERE ! ! ! !
--
Lastly, it would be logically i~possible, in light of the above, for the
Staff and Commission to render favorable required findings as per Section
\
2.4.5{D)(1) and section 3.1.1.
~
THE ZONING APPLICATION MUST BE DENIED.
\ The request for consideration for a Conditional Use for a private
ISSUE II:
~
parking lot in the CF Zone therefore becomes mQ~ for reasons set out above.
,
ISSUE III: Consideration of Conditional Use for a passenger boat loading
facility and ticket office in CBD Zone is improper.
A. There is no use set out in CBD Zone for a boat landing facility -
it never intended to permit this type of operation.
B. Applicant attempts to utilize Section 4.3.2. (C){2) to establish a
"~imilarity of use" to classify use of Applicant in CBD Zone.
~
( 1 ) Section 4.4.13(B)(3) is relied on as one similar use viz
\ "RESTAURANT."
~ Although Application mainly states use as a boat landing
facility and a boat sales ticket office. Then the reports
talk about a restaurant with food. It wasn't until 1-14-91 in
a letter sent by stillwater Cruises to Mr. Handelmann when
they first disclosed sale of food. I AM VERY SUSPECT OF THIS
- WHOSE IDEA WAS THIS? It appears as a realization of a
weakness in their argument without food. However, the use
" described still does not meet the SIMILARITY TEST for the
~ following reasons:
3
\
';11
PLANN'I NG 8- ZONING BOARD
- . STAFF REPORT .
---
CITY BEACH - - -
OF OELRAY
t
MEET ING ~Te: JANUARY 28, 1991 - "
AGeo:1 ITEM: III. D.
REZONING FROM RM TO CF ON APPROXIMATELY 0.13 ACRES IN ORDER TO ACCOMMODATE
ITEM: PARKING FOR COMMERCIAL USES. THE AREA IS LOCATED BETWEEN COMMERCIAL ZONING
AND RESIDENTIAL ZONING ON THE EAST SIDE OF PALM SQUARE. SOUTH OF ATLAN'l Ie AVE.
21. .,
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<C. 2/
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GENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Coastal Properties
Gedney Station, New York
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Digby C. Bridges
Location........................On the east side of Palm Street,
just South of East Atlantic
Avenue.
Property Size...................O.1388 Acres
City Land Use Plan..............Medium Density 5-12 du/acre
City Zoning.....................RM (Residential Medium)
Adjacent Zoning.................North and West of the subject
property is zoned CBD (Central
Business District). South of the
subject property is zoned RM
(Residential Medium), and the
Eastern border abuts the
Intracoastal Waterway.
Existing Land Use...............Vacant
Proposed Zoning.................CF (Community Facilities) for a
parking lot.
Water Service...................2" water main trim along Palm
Street.
Sewer Service...................8" sanitary sewer line along Palm
Street.
ITEM: III. B.
.
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 2
has 40 spaees. The Bridge Restaurant is requesting a 980 sq. ft.
deck expansion. The expansion requires 4 additional parking
spaces. In total 75 parking spaces are to be provided. It is
necessary to rezone lots 58 and 91 to CF in order to use the
property as a parking lot. The current zoning RM precludes such
use.
ZONING ANALYSIS:
This parcel is currently zoned RM. The surrounding zoning is
CBD to the north and northwest, to the east the parcel abuts the
Intracoastal Waterways and to the south RM. Immediately to the
west there are lots zoned RM which are in a similar situation
(ie. parking potential only).
I
Pursuant to Section 4.4.21(A), the Community Facilities (CF)
District is a special purpose zone district primarily intended
for facilities which serve the public and semi-public purposes.
Pursuant to Section 4.4.21(C)(8), privately operated parking lots
and garages are allowed as a Conditional Use.
Another way to zone this property is CBD. In order to zone the
property eBD, it would take a change to the Future Land use Map,
as the existing designation is Medium Residential and would need
to be changed to Commercial Core. With this scenario, there
would be no guarantees that a commercial building, would not, in
fact, be built at some point in the future.
The applicant has chosen the option of zoning the property CF, as
CF is deemed compatible with all Zoning designations shown on the
Zoning Map and would not require a change in the Land Use Plan.
REQUIRED FINDINGS: (Section 2.4.5(0))
Pursuant to Section 2.4.5 (0)(1), a justification statement
of the reasons for which the change is being sought must
accompany all rezoning requests. The code further
identifies certain valid reasons for approving the change
being sought. These reasons include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which
makes the current zoning inappropriate;
* That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
~ appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
';11
.
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 4 .-
Consistency:
Compliance with the performance standards set forth in
Section 3.3.2 along with the required findings in Section
2.4.5 shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in
making of a finding of overall consistency. The applicable
performance standards of Section 3.3.2 and other policies
which apply are as follows:
A) That a rezoning to other than CF within stable
residential area shall be denied. (Housing element
A2.4)
The development proposal meets this requirement.
B) That the rezoning shall result in allowing land uses
which are deemed compatible with adjacent and nearby
land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations
exist to properly mitigate adverse impacts from the new
use.
Pursuant to Section 4.6.4(E), where a CF zone district is
adjacent to a residential district, a special district boundary
treatment is required. A landscaped setback of 10' and either a
six foot solid masonry wall or continuous hedge at least 4 1/2'
in height is required. The attendant sketch plan indicates that
a 10' landscape setback be provided along with a 6' solid wall.
This helps to mitigate the commercial aspect of a parking lot
adjacent to a residential neighborhood.
Land Use Element:
Objective A-I: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate
and complies in terms of soil, topographic, and other
applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
(bl, b3)
This proposal can be considered to be complimentary to adjacent
uses. However, the additional parking could negatively effect
the surrounding neighborhoods.
Land Use Element:
Policy A-3.3: Proposed development shall accommodate
required open space as provided for under Policy B 2.5 of
the eonservation Element and/or Policy B-1. 4 of the Open
Space and Recreation Element. (See following)
. . . .
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 6
.-
ASSESSMENT AND CONCLUSIONS:
Pursuant to ehapter 3, it clearly states that CF is the only
rezoning to occur in a stabilized residential area. By zoning to
CF, it controls the type of use and insures that a commercial
building is not constructed in proximity to the existing
residential units to the south. The issue, at hand, with respect
to Lots 58 and 91 is whether they should remain as RM and not be
usable (substandard RM lots and substandard frontage) or be zoned
so they can be integrated into the commercial property to the
north.
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter 3
(Performance Standards), and that pursuant to Section
2.4.5(D)(5) the rezoning fails to fulfill at least one of
the reasons listed under Subsection 2.
C. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
standards) of the Land Development Regulations, policies of
the eomprehensive Plan, and Section 2.4.5(0)(5).
STAFF RECOMMENDATION:
Recommend approval of the request based upon positive findings
with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive plan.
REF:#3/A:BOAT4.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 87vi
SUBJECT: AGENDA ITEM # \O~. , - MEETING OF MAY 14, 1991
CONDITIONAL USE REQUEST/PARKING LOT
DATE: May 9, 1991
We have received a request for conditional use approval to construct
parking facilities on vacant property located on the east side of Palm
Square, just south of East Atlantic Avenue. This request was filed
concurrently with a conditional use request to accommodate a boat
cruise operation and ticket sales. The use of land for parking
purposes is not dependent upon the cruise operation being approved.
An upgraded parking lot serving the Boyd Building may be created
regardless of the disposition of the cruise issue. The rezoning
request and this parking use request are interrelated in that the
rezoning must be approved in order for the parking use to be
considered.
The Planning and Zoning Board at their January 28th meeting
recommended approval of the conditional use request (6-1 vote). The
Downtown Development Authority, Historic Preservation Board, and
Community Redevelopment Agency are also supportive of the request.
'IflriLm 1:0 ~ 4 iJ21). ~ . h~7u(
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
~~ \{o-<J~---
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MAY 14, 1991
CONSIDERATION OF CONDITIONAL USE FOR A PARKING LOT IN
C.F. ZONING (HANDLESMAN)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a conditional use request which allows property
zoned CF to be used for parking purposes.
The property is located between CBD zoned property and RM
zoned property in the Marina Historic District, east of Palm
Square.
BACKGROUND:
This request was filed concurrently with a conditional use
request which is to accommodate a boat (waterway) cruise
operation whose ticket sales and loading area is on adjacent CBD
property. However, the use of the land for parking purposes is
not dependent upon the cruise operation (where the reverse is
true) Le. an upgraded parking lot serving the Boyd Building may
be created regardless of disposition of the cruise issue.
Mr. DePonte has registered objections to both the zoning change
to CF and to the use of the property for parking lot purposes.
It appears that his objections are geared more to procedure than
to opposition to the use in that he feels it is necessary that an
amendment to the Future Land Use Map be processed first L e.
changing the Land Use Designation on the property from
Residential to Commercial Core and then proceeding with the
parking lot as a permitted use.
The rezoning request and this parking use request are
interrelated in that the rezoning must be approved in order for
the parking use request to be considered.
I."
City Commission Documentation
Consideration of Conditional Use for a
Parking Lot in CF Zoning (Handlesman)
Page 2
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at its
meeting of January 28, 1991, and forwarded it with a
recommendation of approval on a 6-1 vote.
RECOMMENDED ACTION:
By motion, approval of the conditional use request to establish
parking facilities on Lots 58 and 91, Palm Square.
Attachment:
- copy of Dominic A. DePonte's letter to City Attorney
DJK#81/CCPARK.TXT
-
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January 7, 1991
,
Digby C. Bridges; A.I.A., R.I.B.A.
DIGBY BRIDGES, HARSH & ASSOCli\TES, P.A. '
124 N.E. 5th Avenue
Delray Beach, FL 33483 .
He: Plan i\mendmen t Requrd inq Handellsman ParkinG Area
Dear Digby:
This letter Is irl r~sponse to your inquiry as to how to proceed
vlith obtaining a zoning designation of C.B.D. on that portion of
the Handllesman's property whicil abuts residences along Palm
Square. That request wap contained in your letter of January 3rd
which addressed other matters also.
Regarding the zoning: It is understood that your intention is
that the C.F. designation is being sought now because it is
consistent with the Future Land Use Map designation (by virtue of
CF zoning being consistent with any designation); and, that you
intend to seek cnD zoning at a later date.
In order to obtain CaD zoning, it is first n2cessary to have an
amendment to the Future Land Use l1aD approved. This amendment
would be to change the designation from Medium Density
Resident.ial ta Ccrmnercial Core. To 1nl':.:ate t.he ;.1<:10 l\mendment,
you need to ,simply provide a letter to us by January 15th along
with a legal. description and location map of the property which
is involved. We will get"back to you in mid-February 5S to the
schedule for processing, fees and any additional submission
materials. If your client intends to seek a similar designation
for property west of Palm Square, it should be also be included
in the letter reque~t.
Regarding statement re "no problem": Your letter states that I
see "no problem" in the site being zoned C.B.D. 1, more accurate
representation of my position Is that I would support (as ~o
oppose) such a designation on its face value i.e. designating und
Z 0 n i rtg the pro per t y for i t:- s i: C t u a 1 use. H 0\/ eve r , T '..:0 U 1 d not
advocate on behalf.of the request; ul1d, there may be iJ. problem in
that some folks may feel more comfortable ',..;ith a "transltloniJ.l"
zoning designation of C.F. bet'",-een the designa~lons or C.B.D. und
RH. I urn sure that you Hill get u feel of this situa~lon during
the public hearing on the C.? zone chunge; und, ut thut ~lme cnn
decide if your client Hunts to cor:t.:.imw \.;i t:1 the l~.".p J\~,e!ldEl'2!1t.
and subseque~t rezoning.
or '-
.
To: D1.gby Bridges, A. I . i\. , n - n '
/,.1. b.lL
Re: Plan ^fil~ndmC'nt P.'2 !io.ndolsmC1Cl F<3r;~ing l,rr.:c..
January 7, 1991
Page 2
1
I trust that this letter is respoflsive to your inquL:y ~
~rdiallY' . ,
~\~V~r
David J. Kovacs, Director I
Department of Planning and Zoning
DJK/cm
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Project File
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3 January 1991
Ms. Jasmin Allen, Planner I
Planning & Zoning Board 1
City of Delray 2~ach ,
100 NW 1st Street
Delray Beach, Florida 33444
,
l
RE: Rezoning from R.N. to C.t. -
Handelsman Boat Ticket Sales Office
u..J-I'G, Dear Jasmin: '
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,:i.!--" f-rJe thank you for, your letter of December 20th 1990. t\le are
{forwarding to you 'i:he re la t i ve in forma tion. lIoweve r, 'de i-lOU ld like
some clarifications and some guidance in tegards to the rezoning
and any other conditions that might be requested.by the City.
To deal with that last statement 1n regards to conditions: \Je
understand tha t there could be some conc1i, tions not requested of our
client 111 regards to \'/cJ.ter r~lains und fire hyc1runts. \'le \-lOuld also
at this time like to know or any other c8ndi tions that might be
imposed.
,
In regards to the reZOllll1g: I.'e 11<1\'e ahlays requ::.:stec1 of David that
.\\1\ \ th~ C_~.f",_;:o~~l!~.~_s. o~,~,n, In~erir.; P~ezoning nature so .th<:1t ul~ima~ely
'Ii"\ \\1',. the ent1re slte 'dOU1U be, zoneo C.B.D. Be hus ahlavs I!1a1nta1ned
'..' M\~\ tha't"he -sees"').!? t:-'ro0:1'ein'i:1 this site b~_iI19 _z:Jn.ec1 C.D-.D., and that
~.f2..- it made ljood- s-;:;nse."und th:.t he '..;ould support such a. zoning.
.' v I 1 " , I' - I h 'd
;.';-' I P ease, can \';12 rLC1'1e ClUVlce C:~ t l1S i:l<:1tter c:no to \'.'1en \,'e s ouJ.
,....P' I t t....."
'.>\ \ L s ar ~i1lS process. !
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-GY PIe a s e f i Il den c 1 0 s e.j cop i (: S 0 f She e t 9 f 1,- om t 11 e He Z 0 II ill Cj
J application, and Sheet 10 frol') the Conditionul Use applicution.
You '.-1ill note that In both cases, the legal is marked "see
Oitt<:1ched" .
~']e have also corrected the a~~:::lic"ltioI1s form 0: t1w Si te Plan for
Con d i t ion a 1 ;J s e J', t:J pro v ul. r:;' age 2; C1 n d the r e Z C 11l n 9 up P 1 i c <:1 t ion,
pages 1 dnd 2.
LastlJ', ',.le ila~,'e prepared t\':p L:youts for conside:-o.ti~JjJ. The second
layout has been ;:repared to f,eet t....o criteria: 'l'he first being t~e
placement of Cl sic.:e '...'al]~ :.hc ::c:'1plete length of the property
fro n tag e toP a 1 m \ ; a y, I..; h i c h 0 n c e "'; <:1 1 n \,; e fee 1 i s not n e c e s s a r y ,
and to provide the e~:tru parking sp<:1ces would be more prudent.
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Rezoning - Handelsman Boat 1'.:..cket Sales Office
Page 2
The second criteria: i'le have i:lcreased the island between ?arking
space.s to 6' to meet the code in l"l.?gards to the 5' of green area.
Here once agaan f,ole feel it \,; 0 U 1 d be more prud en t to provide the
parking spaces.
Should you require any further information, please do not hesitate
to contact us.
,
,
Yours sincerely,
.
DIGBY BRIDGES, HARSH & ASSOCIATES, P.lL
,
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Digby C. . d I R.I.B.l\.
Brl ges,. l\..I.i\.,
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DCB/sl
Enclosure
cc: i-lr . Bert Handelsman
Hr. Roger Sabersan
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December -, ') 1990 I
L U ,
- - -----.-
r-l r . Digby Bridges
124 H.E. 5th Avenue
Delray Beach, Florida 3348~
Re: Rezoninq . from PJ'] tQ r~ on apDro:.-:: ima te 1 y 0.13 acres a t:a
_C
Coast:al proocn:ies a.nd (tssociated ccnditional use fa!:"
passenaer loading and boat tic }~ e t sales on 0.387 acres
Dear Digby:
As designated agent, this letter is provided to inform you of the
9rocedure an,d proceSS1.ng Scl1'2du Ie for the above petitions
received by the Planning and Zoning Department. Upon receipt of
the petitions, an evaluation as to its completeness must be made.
This evaluation \-/as undertaken by the Technical ,;dvisory
Committee at its meeting held on December 12, 1990.
\'l i t h respect to the reZOnli1g r:etition the evaluation identified
the f ollo'ding items '.-1 h i c h are r-'ertinent ~o the request::
* Just:ificatiQn Statement
,
Pursuant to C8de Section 2 . -1 . :) ( D) ( 1 ) , ~ 5 t OJ. t elf1C n t of 1':!lC
reasons for ~,/ h i c h the chanae lS being sought: must a c': ,::; ~1 pan ...{
'lour request. The code further identlfies c~rt:aln ~.1 a 1 id
reasons for a. p pro v lrl q ':.hc change being soUgllt \ ''':opy
attached) . In addition, ':0 your statement OTl pcJ.ge ~ i tC"n
- ,
( L) , indicate the reason(s) '~;hich 1.5 (are, ap91icClble ,.. ", rl
,_..l........
your basis for such dete:mination.
* Traffic Statement
A traffi~ statement prepared 1.n accordance ~I".' i t ~ 1 S12ct.ic~
2. <1. J (E) and \,;hich addresses the development of the pre iJ e r ': -2'
under reasonable . " existing 2nd prcpos~j
l.ntensl.ty pursuant to
zoning. ,
,
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._ '.J : U...lr... ::J ~-" ~~ c.c~G..ges
:(2: F,s Z'::~l:'l..l;; =rom 1 t.o CF :: !..~ ~J. ?.~scc:i3.c!:;d cc: itional " c--:.:')
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tc \~ ~ ~ ulJ lis I1 ~G.S3c;nl:er l':...;.:ldir::J 3. r-(; 3- 2nd ~- , ,- l' no t- ~c112S cificc
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!,'/ i trl ~espc: t to tile C CJ r1 t c: f1 t. S of ~. 0 u r- C'.?plic.J.':io;l, S .:. f1 C C the CE'
( ComnlUn:..t-i facilities) zonIng 1~ con s i 's ~ e n t -,..;i th the f-led i urn
-::>
Density 5-12 du/acre, a LCind Use Flan aill(? ndm'2 n t is il C t \,; a r ~ :1 n t c c. .
'.i.'hus l~our applic2..tion should lJe amended on che f c llQ~'; ing pages: '
* Page 2 , item ( H) , Proposed Land Use Plan Design2..tion should
be indicated as r'ledium Density 5-12 du/acre.
* Page j , item ( L) , delete the h'ords "and amend the
Comprehensive P~an".
In addition, Page 10 ml,lst be completed i.e. item ( 1 ) , legal
description of the property; item ( 2 ) , clearly indicate tile
reques'C. 1S for a zonIng change only (delete and/or- comprehensive
plan amendment) ; signed. by the pt"operty owner and notarized.
,
Both the rezoning and conditional use petitions reqUIre the
provision of legal documents. Your applications lacY-cd a Title
Certificate, and \'lr it ten proof that Bertram Handelsman has the
delegated authority to repr-esent Coastal Properties.
The next regular business meeting of the Planning and Zoning
Board at :..;hich action on these items may be taken 1S January 28~
1991. ?or your item to be considered at that meeting, the
information identified above must be provided by Friday, January
4, 1991.
;
Please ',,10 d: directly Janet ['ic~}:s , of the P lanni:1g s;:C1ff if "{OU
need further assistance.
,
Si:1cerely,
(;1 ()' (]
YaJ/^"^,-, ,{, .'~k.., .
/ Jasmin Allen
Planner I
AttachT:1ents
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./lUXTrLcL 4 'Ill/! . Y77O<.,(.UI .: ~
MEMORANDUM on 3&d UtJti
(&~ ~/Jtd-C/- ~
TO: MAYOR AND CITY COMMISSIONERS ,'I ci.M-e~)
FROM: CITY MANAGER tJIj
SUBJECT: AGENDA ITEM # 0(\ .Q- MEETING OF MAY 14, 1991
REQUEST FOR C DITIONAL USE APPROVAL
DATE: May 9, 1991
At your April 16th workshop meeting the Commission heard further
testimony regarding this conditional use request. At that time final
action on this request was deferred to your May 14th meeting in order
to allow additional information to be gathered regarding permitting by
the Army Corp of Engineers and on other Commission concerns. This
conditional use request involves the establishment of a commercial
passenger loading area and boat ticket sales office on the east side
of Palm Square just south of East Atlantic Avenue.
The Planning and Zoning Board at their January 28th meeting
recommended approval, (6-1 vote), subject to conditions.
The Historic Preservation Board at their January 16th meeting
recommended denial of the conditional use request based upon a
consensus that the operation of an excursion boat adjacent to a
residential area (Marina Historic District) was inappropriate.
The Community Redevelopment Agency supported the rezoning and
associated conditional use to extend the parking area. However, they
did not support the boat operation at the proposed location and
suggested that a site north of the Atlantic Avenue Bridge be
considered. Subsequently, the Community Redevelopment Agency
reconsidered the request and recommended approval of the conditional
use subject to the construction of a barrier with a "break through" or
cul-de-sac which would stop the traffic from going through Palm
Square, Residents attending the CRA's meeting were supportive of this
recommendation.
I recommend that the Commission either approve the conditional use
request as presented and recommended by the Planning and Zoning Board,
or deny the request. The CRA's recommendation to close Palm Square
would cause serious traffic circulation problems affecting a large
area. Also, police and fire department access to many properties
along Atlantic Avenue from Southeast Seventh Avenue east to the ocean
would be adversely affected, This problem could be avoided only if
the two blocks on the south side of Atlantic Avenue from the
Intracoastal to Seventh Avenue were largely redeveloped.
t.r.'/("
tV--1
C I T Y COM MIS S ION DOCUMENTATION
TO:
~,J~UQe<-_
FROM: D D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MAY 14, 1991
ITEMS ASSOCIATED WITH STILLWATER CRUISE & HANDLESMAN
Ordinance 23-91 (Rezone to CF), Conditional Use for
parking in CF zoning, Conditional Use for the boat
operation in CBD zoning
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is three-fold. It
consists of:
* Public Hearing and second reading of an ordinance rezoning
land from RM to CF for the eventual use as a parking loti
* Conditional use, under CF zoning, for a private parking
loti
* Conditional use, under caD zoning, fora ticket sales
office associated with a waterway cruise operation
(Stillwater Cruises).
The items need to be considered in the above order, as each
subsequent action is dependent on the preceding action.
BACKGROUND:
This item has been before the Commission at regular meetings and
work sessions. Please refer to the previously submitted materials
for background, analysis, findings, and recommendations.
Opposition to the proposed use still exists from a number
(majority) of owners within the Marina Historic District and from
condominium owners east of the Intracoastal Waterway. There is
support from some owners within the Marina Historic District and
from other areas. Mr. DePonte has provided written objections to
each of the actions which are before the Commission. That
information has been previously provided to Commissioners. It is
anticipated that Mr. DePonte will address each of the actions.
City Commission Documentation
Items Associated With Stillwater Cruise & Handlesman
Page 2
Thus, I have provided a brief statement on each item.
Public Hearing and second reading of an ordinance rezoning land
from RM to CF for the eventual use as a parking lot:
Objections were raised that CF (Community Facilities) zoning is
essentially a ruse to have commercial use without commercial
zoning (which would first require an amendment to the Future Land
Use Map of the Comprehensive Plan).
The Planning and Zoning Board considered CF zoning both as an
interim step to eventually changing the Future Land Use Map and
as the final designation. Their position was that while a
parking lot may be an acceptable land use, a change to
commercial which would accommodate structures and outdoor use
areas coming closer to the existing residential use would not
be appropriate. They provide a consensus that an amendment to
the Future Land Use Map would not be favorably received. Thus,
the owner did not proceed with a Future Land Use Map amendment.
The Planning and zoning Board, along with all other advisory
bodies, has recommended application of CF zoning. By
definition, CF zoning is consistent with all land use
designations on the Future Land Use Map.
Conditional use, under CF zoning, for a private parking lot:
Objections have been raised that a private parking lot is not an
appropriate use within the Community Facilities (CF) zone district.
The CF zone district expressly provides for privately operated
parking lots and garages as a conditional use. The concept of
accommodating the above (in the revised LDRs) simply replaces
the previous method wherein private parking lots were allowed
as conditional uses under the previous zoning codes. This
concept was aired during preparation of the LDRs and quite
specifically when the Bermuda Inn sought off-site parking under
the old approach.
Conditional use, under caD zoning, for a ticket sales office
associated with a waterway cruise operation (Stillwater Cruises)
Objections have been raised based upon adverse impacts to the
neighborhood to the south and to the east (across the
Intracoastal). They have also been raised based upon traffic
impacts along Palm Square. Mr. DePonte raises objections based
upon an (alleged) improper application of the parking
regulations. The City Commission had continued the item while
seeking more information pertaining to permitting of the boat
operation, itself, by other agencies.
City Commission Documentation
Items Associated With Stillwater Cruise & Handlesman
Page 3
The neighborhood concerns have previously been aired before the
Commission. Mr. DePonte's objections are based upon his
interpretation of the parking regulations wherein he seeks
application of restaurant or place of assembly requirements from
Code Section 4.6.9. However, Code Section 4.4.13(G)(1) applies.
Thus, the required number of spaces (10) is readily accommodated.
However, as a conditional use the number of parking spaces was
addressed specifically by the Planning and Zoning Board. They
determined that the proposed parking arrangement provided for
meeting the realistic parking demands of the proposed use. This
consideration is specifically addressed as a condition of
approval.
The !irm of Digby Bridges, Marsh & Associates has been in contact
with DERM and the Corps of Army Engineers and has received
supportive responses. However, there are still some specific
approvals which are to be obtained -- these are a part of the
Planning and Zoning Board's recommended course of action. Attached
is material received by the agent, to-date.
PLANNING AND ZONING & OTHER BOARD CONSIDERATION
The Planning and Zoning Board has previously recommended approval
of each of the above items with the boat operation approval being
subject to conditions.
Previous documentation details recommendations from others which
essential are:
D.D.A. supportive of rezoning, parking, and the boat operation
H.P.B. supportive of rezoning, parking, opposed to boat use
C.R.A. supportive of rezoning, parking, and supportive of the
boat operation with changes to the traffic circulation
system.
RECOMMENDED ACTION:
By motion, on each of the items:
Approval based upon the findings and recommendations as set forth
by the Planning and Zoning Board
Attachment:
* DERM Correspondence
* Corps of Army Engineers Correspondence
DJK/#81/CCBOAT.TXT
Digby Bridges, Marsh & Associates, P.A.
124 N.E. 5TH AVENUE, DELRAY BEACH, FL 33483
407-278-1388
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6 May 1991
Mr. David Harden
City Manager
City of Delray Beach
100 N.W. 1st Street
Delray Beach, Florida 33444
RE: Boat Ticket Sales Office - Job No. 9610
Dear Mr. Harden:
We have pleasure in enclosing a drawing indicating the proposed
dock and position of the Cruise Boat at this dock.
We have forwarded this drawing to Mr. Schneppel of the Army
Corps of Engineers for his comments and have also spoken to him
over the phone. He has informed us that they would have no
objection to the permitting of this dock and this cruise boat to
be moored at said dock.
Mr. Schneppel also said that a "Consent to Use Easement" would
have to be obtained from Mr. Wright in the Jacksonville office
of the Army Corp of Engineers. This easement has now been
applied for. Mr. Schneppel indicated that this easement would
also be granted.
We thank you for your patience with this project, and look
forward to a successful completion.
Kind regards,
Yours sincerely,
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
~~~
Digby C. Bridges, A.I.A. , R.I.B.A.
DCB/sl
Enclosure
CIIAV7EREI) ARC - P[/lN/VERS -INTERIOR DESIGNERS
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. 8oal.d of County Commissioners County Administrator
Karen T. Marcus, Chair Jan Winters
Carole Phillips, Vice Chair \
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Carol A. Roberts
Carol J. Elmquist L.f L/ Department of
Mary McCarty Environmental Resources
Ken Foster Management
Maude Ford Lee
PERMIT TO ALTER WETLANDS
PERMITTEE: PERMIT NO. SA-201-91
Burt Handelsman EXPIRATION DATE: 4/22/92
c/o De1ray Marine Construction SECTION/TOWNSHIP/RANGE: 16/46/43
235 NE Third Avenue
De1ray Beach, FL 33444
This permit is issued under the authority of the Palm Beach County Wetlands
Protection Ordinance. If no objection to this permit is received within
twenty (20) days, permittee will be deemed to have accepted the permit and all
enclosed terms and conditions. The above named permittee is hereby authorized
to perform the work shown on the application and approved drawing(s), plans, and
other documents enclosed herewith or on file with the Department and made a part
hereof and specifically described as follows:
PROJECT DESCRIPTION:
To construct a 25' long by 5' wide marginal dock. . MIH~'~b~.~
. (O~Clnlf) ~ Of s~ t.\.L
IN ACCORDANCE WITH: .~~ ~~!.~~\\O <<.J
Conditions 1-6 and three (3) enclosed sheets.
LOCATED IN:
The Intracoastal Waterway, a vacant lot one block south of Atlantic Avenue off
Canal Avenue, Delray Beach, Palm Beach County.
CONDITIONS:
1. It is the responsibility of the permittee to obtain all other necessary
federal, state or local authorizations for the work described herein,
including municipal or County building permits.
3111 SOUTH DIXIE HWY., SUITE 146
WEST PALM BEACH, FLORIDA 33405 " ~, ~ 1 :99:
(407) 355-4011
SUNCOM 273-4011 PLANNING & ZONING
@ printed on ,ecycled paper
-
Permit No. 5A-201-91
Page 2
2. Turbidity screens (or other means of turbidity control) shall be utilized
as necessary during construction such that turbidity levels in the project
area do not exceed 29 N.T.U.'s above natural background.
'3. This permit shall be kept at the work site of the permitted activity during
the entire period of construction or operation.
4. The permittee shall ensure that all construction activities in open water
will cease upon sighting of manatees within 200 yards of the project area.
Construction activities will not resume until the manatees have departed
the project area.
5. The permittee agrees that any collision with a manatee shall be reported
immediately on the "Manatee Hotline" (1-800-342-1821) and to the U.S. Fish
and Wildlife Service, Jacksonville Endangered Species Field Station
(904-791-2S80).
6. The subject dock also qualifies for General Permit SAJ-9 from the U.S. Army
Corps of Engineers. Special Conditions 1-17 and General Conditions a-t of
the attached General Permit SAJ-9 are made a part thereof.
Recommended by:
Y;/~
~ W ' 1991
Issued this r9b day of '
Palm Beach County Departmen of
Environmental Resources Management
REW:NL:fb
Enclosures
cc: (with enclosures)
City of Delray Beach
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
~~ ~~\.C,,~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 26, 1991
CONDITIONAL USE APPROVALS/COMMERCIAL PASSENGER LOADING
AREA AND BOAT DOCK (Marina Historic District)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a conditional use request for a commercial
passenger loading area under Central Business District
Zoning.
There is a related item on this agenda i.e. First Reading of
a rezoning ordinance (RM to CF) which, if approved, will
accommodate the parking needs for this use. On a subsequent
agenda, there will be consideration of a conditional use
request which specifically approves the parking lot (that
action cannot officially be taken under the rezoning if
consumma ted) .
The project is for a Stillwater Intracoastal Cruise Boat
passenger loading area. It is to be located immediately
south of the Canal Street Restaurant (formerly The Bridge).
It is located within the Marina Historic District.
BACKGROUND:
This item was before the City Commission previously but was
continued, without discussion, by request of the agent
Subsequently, the agent went before the C.R.A. tu
reconsideration and has received their qualified endorsement. A
letter from Frank Spence re the C.R.A. recommendation is
attached.
Please refer to the previously prepared staff report and
attachments thereto for the project description and analysis.
REVIEW BOARD CONSIDERATIONS:
The Planning and Zoning Board formally reviewed this item at a
duly noticed public hearing and recommended approval of the
passenger loading area (cruise operation). They also recommended
approval of the rezoning and the expansion of the parking area.
City Commission Documentation
Conditional Use Approvals/Commercial Passenger Loading
Area and Boat Dock (Marina Historic District)
Page 2
The C.R.A. initially recommended denial of the boat operation at
this site and suggested 'Chat it go north of the bridge. They
suppor'Ced the rezoning and the expansion of the parking area.
The Historic Preservation Board recommended denial of the boat
operation. They did, however, support the rezoning and the
expansion of the parking area.
The D.D.A. supported the use and the parking lot expansion.
** Please see the previous staff report for more explanation
of the recommendations. **
ADDITIONAL STAFF COMMENT:
The C.R.A. 's revised recommendation finds that the use is
acceptable. It raises concerns, however, about traffic impacts
and ties approval to the termination of through traffic along
Palm Square. There are two problems with this recommendation:
1. There is a left turn restriction from Palm Square onto
Atlantic Avenue. This restriction is mandated and
controlled by the FDOT. Thus, imposition of the termination
of traffic flow along Palm Square without an arrangement to
accommodate westbound traffic is not acceptable.
2. The C.R.A. does support the expansion of the parking area
regardless of whether or not the boat operation exists.
With the parking area expanded, there will be utilization of
it for other uses (retail, service, office, restaurant).
Thus, the traffic impacts along Palm Square (south) will
occur whether the boat operation exists or not.
Thus, it seems inappropriate to tie the boat operation to the
termination of through traffic along Palm Square. It may be more
appropriate to proceed along the following lines:
Approval of the boat use conditioned upon an expansion of
the parking area; then approval of the conditional use
parking lot only upon the termination of through traffic
along Palm Square and the provision of a suitable method of
accommodating west bound traffic (e.g. continuation of the
parking lot directly to Seventh Avenue and an associated
abandonment of the north portion of Palm Square as a public
street) .
,
City Commission Documentation
Conditional Use Approvals/Commercial Passenger Loading
Area and Boat Dock (Marina Historic District)
Page 3
RECOMMENDED ACTION:
By motion, approval of the requested conditional use for a
passenger boat loading area pursuant to the findings and
conditions as recommended by the Planning and Zoning Board with
the additional condition that the parking lot expansion be
achieved.
Attachment:
* Spence memo of March 19th
* Previous P&Z Staff Report & Documentation (City Clerk)
DJK/#77/CCBAOT2.TXT
.
CD Community
Redevelopment
-a Agency
Delray Beach
CR~.ME~O - Age~q~ Re~at~g
TO: David Kovacs, Dir-ector-
Dept. of 'Ol'::1T"'l""';Mf""T & Zorri~q
- -_.........._--..-~ E:<.:ecuti'le Dir-ect-::r-~
FRO!'-'!: Fr-ank R. Spe!1ce,
DJ>..TE: !'-'!a.!:'ch 19, 1991
ST)BJE':T: Conditional ryse Request to Pe:!:'~it CO!!'.!!le:!:'c i al
Boat Landing - Palm Square
At the reg1l1a~ !!1eeti~g af the CRA on Februa.!:'y 28, 1991
the CRA heard ,-1,-1't-' 1 testie!',0ny 0n the above .!:'equest
a__~~~ona~
fro!!! DiGby Bridges, ar-chitect and agent foy t:he owne.!:'s
and Dane Ma.!:'k, Captai~ of the boat that ....rants to load
passenger-s at t-h; 't- Additionally, residents froe!',
~.._s s~_e.
Pal", Sq'f..lare were also present a:ld spake O:l the :r-equest..
The CR.\ r-ee!'.alns cor..c er:'.ed about the traffic that T.-Tould
be qenerated by this Ca~e!'.ercial activity qO:l..nq sou,:h
through the r-esidential neighbor-hoods of Pal~ Sq1.lar-e ::md
the Marir..a Historic District. Theref-::re, it ~s t.he
r-ecom~endation of the CRA, by unanimous vote, to approve
the req1,lest provided that a "break-throuGh" fence or
other barrier be const:ructed across Pal~ Square t~
prevent commercial traffic and custo~ers of the boat fro~
gair..ing vehicular access south on Pal~ Squa:re.
cc: David Harden, City Manager
City Cle:rk's Office (Cheryl)
,
1 S,E, 4th Avenue, Suite 204. Delray Beach, Florida 33483 (407) 276-8640
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: MACGREGOR-HARTY, CITY CLERK
i OJ ~\~-Va00PJ-
-~- DA
FROM: D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
CONSIDERATION OF CONDITIONAL USE APPROVAL FOR A
COMMERCIAL PASSENGER LOADING AREA AND BOAT TICKET SALES
AND FOR THE USE OF PROPERTY UNDER C.F. ZONING FOR A
PARKING LOT (Marina Historic District)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of two conditional use requests.
One is for expansion of a parking lot onto property which is
to be zoned C.F.
The other is for establishing a commercial passenger loading
area and boat ticket sales for a proposed Intracoastal
excursion boat business.
The parking lot is to be located east of Palm Square
adjacent to residential property. The boat ticket sales
facility is to be located near the rear of the Canal Street
Restaurant on land zoned C.B.D. The boat itself is moored
in the Intracoastal Waterway.
While the requests are for separate and distinct uses, they
are being considered together since it is necessary to have
the parking for on the C.F. property to accommodate demands
generated by the boat operation. However, the parking on
C.F. property can stand alone and is not dependent (as a
land use) upon the boat operation request.
BACKGROUND:
These conditional use requests were submitted concurrently due to
the need to alter the existing parking area in order to provide
adequate traffic circulation for the proposed boat operation.
Please review the attached Planning and Zoning Board staff report
for a complete description of the proposed uses, the concept
design plans for the parking area, and an analysis of the impact
of the proposed uses.
city Commission Documentation
Consideration of Conditional Use Approval for a
Commercial Passenger Loading Area and Boat Ticket Sales
And for the Use of Propety Under CF Zoning for a
Parking Lot (Marina Historic District)
Page 2
In short, the parking request will allow redesign and expansion
of the existing parking area in a manner which is more functional
and which provides for upgrading required landscaping (internal
and perimeter) and pedestrian circulation.
The boat operation involves the loading of passengers at the
existing seawall. Currently this business oper~tes in a similar
manner in Boynton Beach. Note that there ~ several concerns
regarding the boat operation within the Intracoastal Waterway.
These concerns are addressed by recommended conditions of
approval which call for various agency approvals prior to final
site plan consideration.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at its
meeting of January 28th at which time a duly noticed public
hearing was held.
There was public opposition to the requested conditional uses.
This opposition was voiced primarily from residents of the Marina
Historic District. A petition in opposition was provided from
residents who lived along MacFarlane Drive (opposite side of the
Intracoastal). There were residents of the area and others who
spoke in support of the request.
Comments included the following:
Bar Harbour Apartments: opposition based upon traffic, noise,
and congestion within the waterway.
Beach Property Owners Association (Elizabeth Matthews):
opposition based upon noise and concern with the bridge
operations.
Marina Historic District Residents (Mrs. Riley, Mrs. Stewart, Mr.
Roberts, Mr. Nagy, Mr. Scanlon, Mr. Miller, Ms. Smith) opposition
based upon items such as the parking situation, that the use
would not add to the area, incompatible use and noise. Also, Ms.
Randall~resident east of the Intracoastal and shop owner~ on
Atlantis spoke in opposition.
James Bowen f~lt that Corps of Engineer and other approvals
should be received prior to conditional use consideration.
Marina Historic District Residents (Ms. Turner, Mr. Rabb) spoke
in support. Also, Mrs. Bacarr~resident east of the Intracoastal
spoke in support. )
city Commission Documentation
Consideration of Conditional Use Approval for a
Commercial Passenger Loading Area and Boat Ticket Sales
And for the Use of Propety Under CF Zoning for a
Parking Lot (Marina Historic District)
Page 3
Dominic A. De Ponte, Marine Way resident, provide a letter in
which he claims that the process and application of the code is
illegal. His letter(s) are attached. The Planning and Zoning
Board considered his positions prior to their action. The City
Attorney will be prepared to comment on Mr. De Ponte's position.
Please refer to the documentation provided for the rezoning
action for further comments.
Following review of the staff report, hearing from the applicant,
considering the above referenced testimony and considering the
recommendation of other advisory bodies, the Planning and Zoning
Board, on a 6-1 vote (Naron dissenting), recommended approval of
both requests, subject to conditions. The conditions are shown
on page 8 of the Staff Report. They were modified as follows:
Item b: specifically citing Scheme B (Sketch Plan)
Item m: add: that the applicant make a reasonable good
faith effort and take the necessary steps to have
the left turn restriction from Palm Square onto
Atlantic removed.
REVIEW AND RECOMMENDATIONS BY OTHER ADVISORY BOARDS:
Historic Preservation Board: Opposition to the request for the
boat operation with a consensus that that an excursion boat was a
suitable commercial venture to attract people to downtown Delray
Beach but that its proposed location, adjacent to a residential
area within the Marina Historic District, was inappropriate. The
Board did support the rezoning and conditional use request for
the expansion of the parking area.
Community Redevelopment Agency: Support for the expansion of the
parking area. Opposition to the boat use. Suggested that the
boat operation be conducted north of the bridge and that it be
considered as a part of the Veteran's Park project.
Downtown Development Authority: Consensus to allow the rezoning
and the proposed uses. Suggestion to mitigate traffic and
parking concerns was to consider that, in conjunction with the
Veteran's Park project, a walkway should go under the Atlantic
Avenue bridge; ,thus allowing the boat to load and unload north of
the bridge in the evening hours and also to filter some of the
parking to the public lot at Veterans Park.
City Commission Documentation
Consideration of Conditional Use Approval for a
Commercial Passenger Loading Area and Boat Ticket Sales
And for the Use of Propety Under CF Zoning for a
Parking Lot (Marina Historic District)
Page 4
ALTERNATIVE COURSE OF ACTION:
Since conditional use approvals for either use cannot be
effective until such time as the rezoning (RM to CF) is
effective, the Commission may opt to withhold its decision until
completion of the hearing process on the associated rezoning
(February 26th). Alternatively, both requests can be acted upon
with an additional condition that they not be effective until the
C.F. rezoning is in place.
In either event, the City Commission should take testimony at
this time. If the Commission is not supportive of the
conditional use for the boat operation, it is appropriate to deny
it at this time.
RECOMMENDED ACTION:
By motion, approval of both conditional use requests (expansion
of parking onto property under C.F. zoning) (excursion boat
operation and passenger loading area) pursuant to the
recommendation of the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of January 28th for both
the rezoning and the conditional use requests.
* Letters from Dominic De Ponte.
DJK#77/CCBOAT.TXT
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PLANN'I NG 8 ZON I NG BOARD
--- STAFF REPORT - --
CITY OF OELRAY BEACH ~() OCS
MEET ING rnTe: JANUARY 28. 1991 Sa. c_ 1"\ Aa(
AGEl'm ITEM: II I. B. ~ dk 1M ?"'f-
REZONING FROM RM TO CF ON APPROXIMATELY 0.13 ACRES IN ORDER TO ACCOMMODATE
ITEM: PARKING FOR COMMERCIAL USES. THE AREA IS LOCATED BETWEEN COMMERCIAL ZONING
AND RESIDENTIAL ZONING ON THE EAST SIDE OF PALM SQUARE. SOUTH OF A TLA...~ He A v E.
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GENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Coastal Properties
Gedney Station, New York
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Digby C. Bridges
Location........................On the east side of Palm Street,
just South of East Atlantic
Avenue.
Property Size...................O.1388 Acres
City Land Use Plan..............Medium Density 5-12 du/acre
City zoning.....................RM (Residential Medium)
Adjacent Zoning.................North and West of the subject
property is zoned CBD (Central
Business District). South of the
subject property is zoned RM
(Residential Medium), and the
Eastern border abuts the
Intracoastal Waterway.
Existing Land Use...............Vacant
Proposed Zoning.................CF (Community Facilities) for a
, parking lot.
Water Service...................2" water main ~along Palm
Street.
Sewer Service...................8" sanitary sewer line along Palm
Street.
ITEM: III. B.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Rezoning of Lots 58 and 91 from RM to CF. The property is
located south of Atlantic Avenue, east of Palm Square and west of
the Intracoastal Waterways.
BACKGROUND:
The subject of future use of these Lots was before the Board at
its meeting on November 17, 1990, when there was a determination
of similarity of use relative to a Commercial Boat Landing. It
was determined that the use is similar to other uses such as
restaurants and places of assembly for commercial entertainment
purposes. Because of its unique character, the Board also
determined that it be allowed as a conditional use.
At the same meeting, the parking issue was discussed. Pursuant
to 4.4.13(G)(1) the CBO parking requirement of 1 space per 300
sq. ft. would apply. The Board felt that since this use was
unique in nature, that no additional formal parking requirements
should be established, however at time of site plan approval they
would be looking for more than the required 10 parking spaces.
The subject lots were to be a part of the new parking area.
June 1986, the subject property was discussed as an additional
parking area for the Patio Delray. When the Patio Delray was in
for Conditional Use and Site Plan approval, the Planning and
Zoning Board determined that there were 14 parking spaces
required in addition to those at the exact location of building.
The subject site parking was discussed among the Downtown
Development Authority, the Community Redevelopment Agency and the
owners of the property. A proposal was put forward that the City
would buy the parking lot and the Patio Oelray would pay for the
improvements of the 14 spaces. However, when the petition went
to City Council, no mention was made of the proposal and nothing
was pursued following that.
With the additional parking, as related to the Patio Oelray, it
should be noted that the residents in the surrounding
neighborhoods had concerns with traffic which would travel
through their neighborhood.
PROJECT DESCRIPTION:
The associated development proposal is to construct a boat sales
ticket office with an attendant parking lot. The boat will take
pleasure cruises on the Intracoastal Waterways. It is the intent
of the owner to provide 31 parking spaces specifically for the
boat. The parking is to be developed in conjunction with the
Bridge Restaurant lot to the north At present, that parking lot
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 2
has 40 spaces. The Bridge Restaurant is requesting a 980 sq. ft.
deck expansion. The expansion requires 4 additional parking
spaces. In total 15 parking spaces are to be provided. It is
necessary to rezone lots 58 and 91 to CF in order to use the
property as a parking lot. The current zoning RM precludes such
use.
ZONING ANALYSIS:
This parcel is currently zoned RM. The surrounding zoning is
caD to the north and northwest, to the east the parcel abuts the
Intracoastal Waterways and to the south RM. Immediately to the
west there are lots zoned RM which are in a similar situation
(ie. parking potential only).
Pursuant to Section 4.4.21(A), the Community Facilities (CF)
District is a special purpose zone district primarily intended
for facilities which serve the public and semi-public purposes.
Pursuant to Section 4.4.21{C)(8), privately operated parking lots
and garages are allowed as a Conditional Use.
Another way to zone this property is caD. In order to zone the
property CBO, it would take a change to the Future Land use Map,
as the existing designation is Medium Residential and would need
to be changed to Commercial Core. With this scenario, there
would be no guarantees that a commercial building, would not, in
fact, be built at some point in the future.
The applicant has chosen the option of zoning the property CF, as
CF is deemed compatible with all Zoning designations shown on the
Zoning Map and would not require a change in the Land Use Plan.
REQUIRED FINDINGS: (Section 2.4.5(0))
Pursuant to Section 2.4.5 (0)(1), a justification statement
of the reasons for which the change is being sought must
accompany all rezoning requests. The code further
identifies certain valid reasons for approving the change
being sought. These reasons include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which
makes the current zoning inappropriate;
* That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
~ appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 3
Pursuant to Section 2.4.5(d)(5), the City Commission is
required to make a finding that the petition will fulfil one
of these reasons.
The applicant submitted a justification statement which states
the following:
"Under the previous zoning, the two lots 58 and 91 were zoned
RM10 and under the previous zoning code Section 173.771 location
of off-street parking spaces, (7)(b) "Within the the GC, SC, LC,
and CBD, all or part of the off-street parking spaces may be
located on an off-site parking area which has an RM10, RH, or
RM15 zoning districts, such site shall be subject to conditional
use approval. However, if the parking is located on a
residential, currently existing, conditionally approved or
permitted parking area pursuant to a variance, then conditional
use approval will not be required. Such parking shall also be
subject to the conditions of division (7)(c). A means of
pedestrian access from the off-site parking area to the principal
building or use shall be provided.
The above provision is not included in the new LOR's which
effectively renders these two lots of land useless. Lastly, the
rezoning to CF and ultimately to CaD will allow the lots and
adjoining lots to be developed with the best interest to the
City."
Comment: The rezoning to CF instead of a conditional use with a
residential district allows the same result. In both the current
situation and pre-LOR situation, conditional use approval is
required for the parking function.
REQUIRED FINDIHGS:(Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the application,
the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the
development application. These findings relate to the
following four areas.
Future Land Use Map:
(The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the
land use de,ignation).
Pursuant to 4.4.21 (A) The CF District is deemed compatible with
all land use designations shown on the Future Land Use Map.
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 4
Consistency:
Compliance with the performance standards set forth in
Section 3.3.2 along with the required findings in Section
2.4.5 shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in
making of a finding of overall consistency. The applicable
performance standards of Section 3.3.2 and other policies
which apply are as follows:
A) That a rezoning to other than CF within stable
residential area shall be denied. (Housing element
A2.4)
The development proposal meets this requirement.
B) That the rezoning shall result in allowing land uses
which are deemed compatible with adjacent and nearby
land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations
exist to properly mitigate adverse impacts from the new
use.
Pursuant to Section 4.6.4(E), where a CF zone district is
adjacent to a residential district, a special district boundary
treatment is required. A landscaped setback of 10' and either a
six foot solid masonry wall or continuous hedge at least 4 1/2'
in height is required. The attendant sketch plan indicates that
a 10' landscape setback be provided along with a 6' solid wall.
This helps to mitigate the commercial aspect of a parking lot
adjacent to a residential neighborhood.
Land Use Element:
Objective A-l: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate
and complies in terms of soil, topographic, and other
applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
(b1, b3)
This proposal can be considered to be complimentary to adjacent
uses. However, the additional parking could negatively effect
the surrounding neighborhoods.
Land Use Element:
POlicy A-3.3: Proposed development shall accommodate
required open space as provided for under Policy B 2.5 of
the Conservation Element and/or Policy 8-1.4 of the Open
Space and Recreation Element. (See following)
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 5
Conservation Element:
Policy B-2.5: Whenever new development or redevelopment is
proposed along a waterway, a canal, an environmentally
sensitive area, or an area identified via Policy B-2.1, an
area equivalent to at least 10% of the total area of the
development shall be set aside in an undisturbed state; or
25% of native communities shall be retained pursuant to
TCRPC Policy 10.2.2.2. This policy shall be implemented as
a part of the development review process. (b3)
The 10% requirement (undisturbed state) would not apply; however
pursuant to 4.3.4(K) 25% of this parcel is required to be
provided in non-vehicular open space.
REVIEW BY OTHERS:
DOWNTOWN DEVELOPMENT AUTHORITY:
At its meeting of January 7, 1991, the Downtown Development
Authority discussed this petition. The general consensus was to
allow the rezoning and use of the property. The Board did discuss
the associated traffic issue. One suggestion to mitigate the
traffic problem was to request, that in conjunction with the
redevelopment of Veterans Park, that a walkway should go under
the Atlantic Avenue bridge. This could possibly allow the boat
to load and unload in the evening hours north of the bridge and
filter some of the parking to the public lot at Veterans park.
Staff Note: The concept of a walkway under the Atlantic Avenue
bridge is not consistent with the Comprehensive Plan.
HISTORIC PRESERVATION BOARD:
At its meeting of January 16, 1991, the Historic Preservation
Board discussed this petition. The Board was in favor of the
rezoning to allow additional parking in the downtown area.
When the Patio Delray Restaurant site is developed additional
parking would be a necessity.
COMMUNITY REDEVELOPMENT AGENCY:
At its meeting of January 14, the Community Redevelopment Agency
discussed this petition. At the time, no information was
available regarding the use items (ie. hours of operation, how
many boats, etc. ) , therefore the item was discussed in general.
The Board requested more information prior to a formal
recommendation.
,
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 6
ASSESSMENT AND CONCLUSIONS:
Pursuant to Chapter 3, it clearly states that CF is the only
rezoning to occur in a stabilized residential area. By zoning to
CF, it controls the type of use and insures that a commercial
building is not constructed in proximity to the existing
residential units to the south. The issue, at hand, with respect
to Lots 58 and 91 is whether they should remain as RM and not be
usable (substandard RM lots and substandard frontage) or be zoned
so they can be integrated into the commercial property to the
north.
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter 3
(Performance Standards), and that pursuant to Section
2.4.5(0)(5) the rezoning fails to fulfill at least one of
the reasons listed under Subsection 2.
C. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.5(0)(5).
STAFF RECOMMENDATION:
Recommend approval of the request based upon positive findings
with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive plan.
REF:#3/A:BOAT4.TXT
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:LANN'I NG 8- ZONiNG BOARD STAFF REPORT
- -- - - -
I -ry OF DEL RAY BEACH
MEETING rnTE: JANUARY 28. 1991
AG~ ITEM: IlLC.
CO~DITIO~AL USE CONSIDERATION TO ESTABLISH A COMMERCIAL PASSENGER LOADING AREA
ITEM: ~~D BOAT TICKET SALES IN CONJUNCTION WITH THE BOYD TICKET SALES IN CONJU~CTION
WITH THE BOYD BUILDING COMMERCIAL AREA.
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ENERAL DATA:
Owner...........................Coa.tal Prop.rti.s
Gedn.y Station, Rew York
Agent.......................... . Digby C. Bridg..
Location........................On the .ast .id. of Pal. Str..t,
just South of E.st Atl.ntic
Av.nu..
, .
Prop.rty Siz....................O.387 Acr.s
City Land Us. Pl.n..............M.diua Den.ity 5-12 du/.cr. .nd
COIlllD.rci.l Cor..
City Zoning.....................RM (Re.identi.l Mediua) .nd CBD
(C.ntr.l Busin.ss District)
Adj.c.nt Zoning.................Rorth .nd W.st of the .ubj.ct
property i. aoned CBD (C.ntral
Bu.in.s. District). South of the
.ubject property is aoned RM
(R..id.ntial Medlua), and the
. E..t.rn bord.r abuts the
Intracoastal .at.rway.
Existing Land U.................V.c.nt
Propo.ed Land U.................Boat Tick.t Sal.. Offic.
Water Servic....................2" wat.r ..in .long Pala Str..t,
th.t turn. .a.t, and runs along
the Rorth bord.r of the .ubj.ct
property, and turn. South and
run. the l.ngth of the .ast.rn
bord.r.
Sewer Servic....................8" ..nitary .ew.r line along Pal. IlLC.
Str..t.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Conditional Use request to allow a commercial boat landing
facilities with an attendant parking lot. The use of the boat
facilities is allowable under 4.4.13(0) while a portion of the
parking lot is allowable under 4.4.21(d).
The subject property is located south of Atlantic Avenue, east of
Palm Square and west of the Intracoastal Waterways. It is in the
Marina Historic District.
BACKGROUND:
See discussion in rezoning request.
PROJECT DESCRIPTION:
The Stillwater sightseeing cruises will berth and operate one
boat with the capacity of 150 passengers. The vessel will carry
passengers everyday for sightseeing cruises with lunch. The
vessel will leave at 10:00 a.m. and return at 3:00 p.m.. The
boat may operate a dinner cruise Wednesday through Saturday. The
dinner cruise will leave at 7:00 p.m. and return at 10:00 p.m..
The food shall be supplied by the "Canal Street Restaurant" or by
an outside caterer.
The vessel shall berth south of the bridge with the port side
against fenders along the seawall. The vessel will have it's own
gangplank for boarding and un-boarding of passengers. A dock
would not be necessary for this type of operation.
CONDITIONAL USE ANALYSIS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings) prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the application,
the Staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the
development application. These findings relate to the
following four areas.
Future Land use Map: (The use or structures must be allowed in
the zoning distri~t and the zoning district must be consistent
with the land use designation).
Attendant parking lots are allowed as an accessory use to a
commercial building. In this case, the boat ticket office.
-~^'---_..~-;-
P&Z Staff Report
Boat Ticket Sales
Page 2
Parking lots are allowed as a conditional use in the CF zone
district. If the property is rezoned, the use is consistent with
the Zoning District ,and the Future Land Use Map.
Concurrency: (Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (Traffic), drainage, open space (parks), and solid
waste, concurrency shall be determined by the following:
* The improvement is in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there is
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital
improvement budget; it has been designed; and a contract for
installation has been solicited.
Water:
To date no water and sewer plans have been submitted, however the
following is noted:
Water service exists to the site via a 2" main located on the
east side of Palm Square. The main extends from S.!. 1st Street
and stops 100' south of Atlantic Avenue. The 2" main is not
sufficient to provide domestic water or for fire suppression,
therefore requiring the upgrading of the main.
It will be required that a fire hydrant be installed at the S.!.
corner of Palm Square and Atlantic Avenue and an additional fire
hydrant or stand pipe be located in the parking lot to service
the boat and ticket sales office. At a minimum the code requires
that a fire hydrant be located every 300' of road travel.
In order to accommodate the fire hydrant, the 2" main along Palm
Square will need to be upgraded to a 8" line tied to the existing
main on the north side of Atlantic Avenue, thus looping the
system. This will require a jack and bore permit.
Policy A-4.4, Capital Improvement Element, states that all new
development shall be required to extend public utilities for
water, sewer and drainage to the furthest portions of the
property which is being developed.
Policy C-4.3, Public Facilities Element, states that all new
development shall be responsible for extending water service to
and through the land to be developed.
P&Z Staff Report
Boat Ticket Sales
Page 3
By upgrading the main, tieing it to Atlantic Avenue, these
policies will have been met.
Sewer:
Sewer is available to the site via Palm Square.
Drainaqe:
The improved parking lot will be designed properly in order to
handle the drainage and to insure that all retention shall be
maintained on site. There is however, a potential that this lot
may flood in high tides.
Streets and Traffic:
A traffic statement was submitted. The project generates a total
of 450 ADT on the surrounding roadway network. County Ordinance
90-6 (TPS, Interim) is complied with in that the proposal
generates fewer than 500 net trips, thus a full traffic study is
not required. However, the statement does not address two major
issues which impact the area.
The report does not address the ultimate right-of-way of 60' and
the left turn restriction on Atlantic Avenue. The left turn
restriction has a major impact to Palm Square and the
neighborhood to the south. The Planning staff reviewed the
report and concluded that the existence of a prohibition of left
turns onto Atlantic forces exiting traffic through the Marina
Historic District. This situation will occur with whatever
commercial use is made of vacant property in the are. The report
has been forwarded to the City Engineer for further review,
however no response has been received to date.
Parks and Open Space:
Pursuant to Section 4.3.4(K) 25' of the parcel is required to be
provided in non-vehicular open space. the accompany concept plan
submittal shows in excess of 30' in non-vehicular open space.
Solid Waste:
One dumpster is provide by the Canal Street Restaurant. No
dumpster is provided specifically for the boat and ticket sales
office. Documentation from Waste Management that one dumpster is
sufficient to handle both operations is required prior to site
plan approval. A dumpster will not be allowed dockside since that
land is not privately owned. It appears that more dumpster
capacity will be required and this situation will necessitate
further changes to the concept plan.
P&Z Staff Report
Boat Ticket Sales
Page 4
Consistency:
Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E) for the
Conditional Use request shall be the basis upon which a
finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive
Plan may be used in making of a finding of overall
consistency.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following was found:
Land Use Element:
Objective C-4 - The Central Business District (CBD) represents
the essence of what is Delray Beach L e. a "village like,
community by the sea". The continued revitalization of the CBD
is essential to achieving the overall theme of the City's
Comprehensive Plan of "A City Set Apart in south Florida".
Policy C-4.1 - The CBD regulations shall be amended to more
closely fit the desired character of the CBD and to facilitate
and encourage rehabilitation and revitalization.
* accommodation of parking needs through innovative actions
* incentives for dinner theaters, playhouses, and other family
oriented activities
Coastal Manaqement Element:
Objective B-2 - The value of Historic Preservation to Economic
Development is recognized and shall be a component of economic
development programs throughout the City. With respect to the
Coastal Zone, this relationship shall be achieved through the
following policy:
Policy B-2.1 - The Marina Historic District shall embrace
principles of historic preservation and economic development in a
sensitive and blending manner.
Ob;ective C-2 - The newly established Marina Historic District
shall be redeveloped with a sympathetic blending of the demands
of economic development and historic preservation. This
objective shall be met by the inclusion of the following policies
in any plan or program for redevelopment:
POlicy C-2.1 - Any such program shall be developed with the
active participation of both the Historic Preservation Board and
the Community Redevelopment Agency.
POlicy C-2.3 - That part of the District nearest to Atlantic
Avenue (north portion) shall be redeveloped in a manner which
while keeping within existing character shall provide for a
P&Z Staff Report
Boat Ticket Sales
Page 5
transition in design and intensity and type of use to the
commercial character of the Central Business District.
Policy C-3.1 - Remaining, isolated infill lots shall be developed
under zoning which is identical or similar to the zoning of
adjacent properties; and, the resulting development shall be of a
design and intensity which is similar to the adjacent
development.
The development proposal appears to provide and achieve the
objectives and policies outlined in the Comprehensive plan.
Compliance with Land Development Requlations:
The proposed use is in compliance with the Land Development
Regulations if the rezoning is approved. If the Conditional Use
is approved, a full site plan submittal will be reviewed by the
Historic Preservation Board. The proposed site plan must comply
with the LDR's.
Along with the Conditional Use request there is a Sketch Plan. It
is appropriate at this time to bring the following LDR
Requirements to the attention of the applicant:
* An additional 10' of dedication will be required along Palm
Square to meet the local (Commercial) standard of 60'
right-of-way. A reduction in the required right-of-way
width may be granted by the body having the approval and
pursuant to Section 5.3.1(0)(4). Justification will need to
be addressed as a portion of the Traffic Study/Statement and
the City Engineer must be in agreement. Within the 60'
section a 5' sidewalk is required from the south property
line to Atlantic Avenue.
* Per Section 4.6.l6(E)(3) landscape islands are required to
be minimum of 5' in width exclusive of the curb width.
There are two site plans which have been submitted. Scheme A
shows the landscape islands to be 5 ' inclusive of the curbs and
no right-of-way dedication or sidewalk, thus provides 75 parking
spaces. Scheme B provides for the 5' landscape islands exclusive
of the curbs and a 5' sidewalk interior to the site without
right-of-way dedication, it only provides 71 parking spaces.
The Board should give some direction to the Applicant and
Historic Preservation Board on which scheme (A or B) you would be
in support of? The question becomes of whether or not the
Applicant should request relief from these items in order to
accommodate more ,parking.
* Since the specific use request involves an integration of
existing commercial uses and new development, the totality
P&Z Staff Report
Boat Ticket Sales
Page 6
of all the property should be designed, up-graded, and
replatted.
* The Board determined that it was not necessary to establish
parking requirements specifically for this use since in the
CBD, there is a standard requirement of 1 parking space
for each 300 sq. ft. of floor area. Ten ( lO ) spaces are
required, however more than 30 are provided and allocated to
the boat use.
* Another problem to be addressed is that of lading supplies
and disposing of waste (trash and sewage). In either case,
the property adjacent the seawall cannot be used as it is
not under private ownership.
* There are concerns regarding the permitting of the boat
operations. The applicant stated that no permitting was
necessary. However, with the boat moored against the seawall
the following concerns arise:
- The boat will berth south of the bridge. This location
is likely in a constricted channel section with a
relatively swift current. We question whether the
operation can be carried out without additional mooring
aids, such as dolphins.
- The boat may be large enough to constitute a
navigational hazard at this location.
- Water depth at this location is unknown so there is a
concern that the boat may not have sufficient depth,
even at mean low water, to operate as proposed.
- The seawall appears to be in a deteriorated condition.
This operation may accelerate seawall deterioration or
cause it to collapse.
- If the boat plans to hold against the seawall with
engine power, prop wash may disturb the bottom. If
there are sea grasses here, there could be an
environmental problem. If prop wash makes a hole in
the bottom, it is considered illegal dredging.
In order to completely assess this proposal, the Applicant should
be required, prior to site plan considerations, to submit the
following:
1- Cross sections of the waterway to assess water depth and
channel location.
,
2. An Engineer's certification that the seawall is stable
enough to withstand this operation without further
deterioration.
P&Z Staff Report
Boat Ticket Sales
Page 7
3 . In addition, the operator may need to file a "notice to
Mariners" with the Coast Guard.
REQUIRED FINDINGS: (Section 2.4.5(E))
Pursuant to Section 2.4.5 (E) (5) (Findings) in addition to
provisions of Section 3.1.1, the City Commission must make
findings that establishing the Conditional Use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
With the additional parking in the CBD area, it helps to mitigate
the perceived shortage of parking in the downtown area and helps
to keep cars from parking in the surrounding neighborhoods.
The major concern is that of traffic which will be generated on
Palm Square. At Atlantic Avenue there is a right hand turn only
sign. Which means anyone leaving the parking lot to head west
on Atlantic, will have to travel through the neighborhoods and
would not have direct access to a major thoroughfare.
REVIEW BY OTHERS:
HISTORIC PRESERVATION BOARD:
At its meeting of January 17, 1991, The Historic Preservation
Board discussed the use issue. The Board recommended that the
conditional use request be denied. It was a consensus that an
excursion boat was a suitable commercial venture to attract
people to downtown Delray but that its location, adjacent to a
residential area within the Marina Historic District, was
inappropriate.
Two letters of opposition were submitted and are attached for
review.
COMMUNITY REDEVELOPMEIft' AGEMCY:
The Community Redevelopment Agency wanted additional information
prior to a recommendation. Its recommendation should be available
at the meeting.
ASSESSMENT AND CONCLUSIONS:
.
It was determined by the Planning and Zoning Board that a
Commercial Boat Landing is similar to the uses allowed in the
caD. It fulfills the policies outlined in the Comprehensive Plan
under the Land Use Element for the Central Business District.
P&Z Staff Report
Boat Ticket Sales
Page 8
The central issue upon which the decision must be made deals with
the future use of any or all of the undeveloped land on either
side of Palm Square. Any use of the land will create traffic
which will go south on Palm Square. A public parking lot would
have similar impacts. Even a City park with attendant parking
would have such impacts.
Associated issues such as loading of supplies, disposal of wastes
and the gathering of crowds may create undesirable neighborhood
impacts. These items could be mitigated through site design.
ALTERNATIVES:
1. Continue with direction.
2. Recommend approval of the conditional use requests for a
commercial boat landing in the CBD and a parking lot under
CF zoning.
3. Deny the Conditional Use request based on not being able to
make a positive finding pursuant to Section 2.4.5(E)(5)
findings (incompatibility).
STAFF RECOMMENDATION:
Recommend approval of the conditional use requests based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development regulations, policies of the
Comprehensive Plan and Section 2.4.5 (E) with the following
conditions:
a. Up-grade of existing parking lot
b. Site plan to reflect the sketch plan of January 15,
1991 - <--;'c \..~ ~
c. Platting of the contiguous Handlesman holdings into a
single parcel, or if multiple parcels that appropriate
access and utility easements be provided.
d. That boat operations be limited so that there is at
least a two hour period between passenger loading and
unloading
e. That there shall be no loading vehicle use of Marina
Way north of S.E. 1st Street.
f. Concurrent with the site plan submission for the
passenger loading use and ticket sales office,
documentation must be provided from the Army Corps of
Engineers, regarding mooring and loading operations.
P&Z Staff Report
Boat Ticket Sales
Page 9
g. That current with the site plan submission for the
passenger loading use and ticket sales office,
documentations must be provided under the seal of a
registered engineer to the effect that the proposed
mooring and loading operations will be acceptable with
out damage to the seawall.
h. That the parking lot improvements may proceed
independently of the ticket sales and boat use.
L That as part of the site plan submittal detailed
information be provided as to trash volumes and the
ability of Waste Management to pick-up such trash in a
timely manner, how the disposal of sewage from the boat
be handled, how drainage will be handled with the
potential of the parking area flooding.
j. That as a part of the site plan submittal detailed
information be provided as how the utilities will be
handled (ie. water main, fire hydrant).
k. That a landscape plan accompany the site plan to show
mitigation of the south boundary treatment.
l. That information requested on page 6 of the report, as
it pertains to boat operations, be provided prior to
site plan submission.
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Attachments:
Attendant site plan scheme A and B
Letters of opposition
Additional information regarding the Stillwater operation
REF:A:#3/BOATl.TXT
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Length.................... 65' -0" Draft........................ .3' -0"
Beam...................... 26' -0" Passenger Capacity.... 150
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734.8642 .
January 14 '~t~~~~9~~
Mr. Handelsman
840 E. Atlantic Ave.
Delray Beach, Fl
pLANN\NG & 20N\NG
Dear Mr. Handelsman:
Please let this letter serve as a follow-up to our previously
discussed proposal for operating the Stillwater sightseeing,
luncheon and' dinner cruise boat from your vacant parking lot
at 840 E. Atlantic' Ave., Delray Beach.
PROPOSAL ,-
(l)jStillwater sightseeing cruises will berth and operate one ( 1 )
United States Coast Guard approved, 150 passenger, 6S:foot,
double deck replica character type steamboat eorm the affore-
mentioned address. The vessel will carry;"passengers everyday
north and south on the Intracoastal Waterway' (or scheduled
sightseeing cruises with lunch available on board leaving at
10:00 a.m. and returning back to its berth in Delray at 3:00p.m.
The Stillwater may operate also a dinner cruise on ~ednesdays,
Thursdays, Fridays and Saturdays. The dinner.cruise will leave at
7:0p p.m. and return at 10:00 p.m. A slightly cut~back
schedule may occur during o~f-season months.
(2) CLIENTELE ON BOARD
Families, tourists, group functions, wedding parties, business
meetings and, retirees.
( 3) FOOD
Food shall be supplied by the "Canal Street Restaurant"
(formally the Bridge Restaurant) or by an outside caterer.
(4) TICKET OFFICI!
A small area at the east end of the parking lot shall be set
aside for a small ticket office. This ticket office does
not require toilets or plumbing only ~lecttic 'to it.
. . ,
.
. '.
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.
.
.
5) HOORING AND DeRTO
The vessel shall berth directly east of the parking lot and
just south of the "Canal Street Restaurant". The bo\{ of
the vessel ....ill face north', the stern south, ....ith the port
side against fenders along the seawall. When' leaving,
the vessel will back astern to the south away from the Atlantic
Ave. bridge. When returning the vessel will again approach
from the south. The vessel.will have it's own. gangplank for
boarding and un-boarding of passengers. The need for
construction of a dock is not needed for this operation and
thus not requiring permitting. A small area of vegetation
(not Mangrovel) will be trimmed back for gangplank use.
6) BOAT REFUSE
. .
The two dumpsters that supply the restaurant shall also
accommodate the boats refuse. .
. .
For further discussion on this proposal you may reach me at
telephone 407/ 496-3858 or 407/734-8642.
Sincere~ ~~'
WF~/.#fi . ~
~Pt. Dane L: Mark
Stillwater Cruises
3400 Lakeview Blvd. -
Delray Beach, Fl 33445,
.
. .
,
.
MEMORANDUM
DATE: JANUARY 17, 1991
TO: DAVID KOVACS, DIRECTOR, PLANNING & ZONING
THRU: STAN WEEDON~
FROM: PAT CAYCE ~
SUBJECT: HPB'S RECOMMENDATION TO P&Z REGARDING THE EXCURSION
BOAT AT PALM SQUARE
At its meeting Wednesday, January 16, 1991 the Historic
Preservation Board considered the following two items in
connection with the proposed excursion boat.
(1) Conditional use for commercial passenger loading
area and boat ticket sales at Palm Square.
The Board did not recommend the conditional use. It was a
consensus that an excursion boat was a suitable commercial
venture to attract people to downtown Delray but that its
location, adjacent to a residential area within the Marina
Historic District, was inappropriate.
Two residents of the Marina spoke against the conditional use:
Alieda Riley, 65 Pal. Square
Kevin Scanlan, Marine Way
The two attached letters, a180 against, were
read into the record.
Speaking in favor of the conditional use:
Richard Rabb, 50 Palm Square
(2) Rezoning trom RM to CF on approximately 0.13 acres
in order to accommodate parking tor commercial uses.
The Board recommended that the above property be rezoned to
accommodate parking. It was telt that additional parking was
currently needed in Palm Square and that when the Patio
Restaurant site is developed additional parking would be a
necessity.
,
c: Janet Meeks
May 7, 1991 r
!
Mayor Lynch
City of Delray Beach
100 NttV' 1st Avenue
Delray Beach, Florida 33444
Dear Mayor Lynch and City Ccmnissioners:
lam writing toexpress my opposition to the proposed site of a cruise
boat south of Atlantic Avenue at the end of 1'.'1arine v-Jay.
As I listened at the various meetings concerning this issue, you and the
City Ccmnissioners seem to agree that the biggest problem is with the
proposed site. There are several obstacles to overcare: ie. insufficent
parking,:p::>or traffic arrangements, opposition fran the Historical Society
and residents of the imrediate neighborhood on the street where the boat
would be docked (365 days a year), to :rrention a few.
As you and several other camri.ssioners reccarrnended, "why not at Veteran's
Park?" It has parking . It is lighted and has facilities (benches and
bathrocrns). It has a large area for- docking and a ticket booth. It has an ::...~-. "
intact. :seawall and no cable crossing. Nost importantly !leteIans ,;"'I'ark~-is
a Canmuni ty facility where concerts, playground rides, pony rides and other
types of amusement are successfully held. Isn't this cruise boat this type
of ccmm.mi ty amusement?" .. '.',..
If :the hope truely is that the bringing in of this boat will increase the
number of people using the shops downtown the boat captain said "the people
arrive right before departure tine ". ,This does ,I not allow tine for shopping.
Besides there are no shops on Marine Way or Palm Square that would benefit ,
fran' these added people. ';
Another concern'is the traffic flCh' on Marine Way itself. We currently
have a turnaround at the end of our street. I would like your assurance
that this will not change regardleFs of your decision with the boat.
In conclusion, I invite you to stroll the streets of our historic neigh-
borhood before you decide the appropriate location of this boat cruise
business.
.
Ql;:t ~ ~~ .
eiYl I evin Scanlan
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MEMORANDUM ~ S ~t(),,Jfi tf'~I-''';;';
r:l '" /}> (J ,.p' f ,)
TO: MAYOR AND CITY COMMISSIONERS r Lf);'~~~'b: fIC#.P
FROM: CITY MANAGER!lM
SUBJECT: AGENDA ITEM # W~ I - WORKSHOP MEETING OF APRIL 16 1991
REQUEST FOR CONDI ONAL USE APPROVAL
DATE: April 12, 1991
This item was deferred at your March 26th meeting. It involves
a request for conditional use approval to establish a commercial
passenger loading area and boat ticket sales office on the east side
of Palm Square just south of East Atlantic Avenue,
The Planning and Zoning Board at their January 28th meeting
recommended approval, (6 -1 vote), subject to conditions.
The Historic Preservation Board at their January 16th meeting
recommended denial of the conditional use request based upon a
consensus that the operation of an excursion boat adjacent to a
residential area (Marina Historic District) was inappropriate.
The Community Redevelopment Agency supported the rezoning and
associated conditional use to extend the parking area. However, they
did not support the boat operation at the proposed location and
suggested that a site north of the Atlantic Avenue Bridge be
considered, Subsequently, the Community Redevelopment Agency
reconsidered the request and recommended approval of the conditional
use subject to the construction of a barrier with a "break through" or
cul-de-sac which would stop the traffic from going through Palm
Square. Residents attending the CRA's meeting were supportive of this
recommendation,
I recommend that the Commission either approve the conditional use
request as presented and recommended by the Planning and Zoning Board,
or deny the request. The CRA's recommendation to close Palm Square
would cause serious traffic circulation problems affecting a large
area, Also, police and fire department access to many properties
along Atlantic Avenue from Southeast Seventh Avenue east to the ocean
would be adversely affected. This problem could be avoided only if
the two blocks on the south side of Atlantic Avenue from the
Intracoastal to Seventh Avenue were largely redeveloped.
Discussion heard at your March 26th meeting included:
-Mr. Mouw stated that he was uncomfortable with the position the
Commission has beeen placed in with regard to this item as he
felt that all of the issues had not been sufficiently addressed.
-Dr. Alperin questioned if the boat operation is an appropriate
use for the property. Determining how the neighborhood will be
affected and ~f certain conditions are met, it could become an
acceptable use. Having a boat at this location is not
necessarily offensive, provided the conditions are satisfied.
-Mr. Randolph stated he would have no problem with the boat
AGENDA REPORT
Meeting of 4/ l6j91
docking north of East Atlantic Avenue, but feels there is a
problem with the boat docking south of Atlantic Avenue.
-Mr, Andrews stated he hopes the Commission would look at the
entire length of Palm Square and decide if this has a meaningful
impact to the redevelopment of the downtown. He also stated his
concern with potential noise problems, but felt that issue could
be dealt with on a trial basis.
-Mayor Lynch stated he does not see this an economic liability to
the downtown. He would like to see the boat operation on the
north side, on a temporary basis, to see what the actual
occurrences would be. The traffic problems that are associated
with it are totally linked to the restauranti therefore, if
things don't go well with the restaurant, what will happen to the
boat and dock?
The final Commission consensus was to defer action until a workshop
had been held to review all aspects of the request.
"
- 2 -
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
~~ ,,~\. 0"-1\
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 26, 1991
CONDITIONAL USE APPROVALS/COMMERCIAL PASSENGER LOADING
AREA AND BOAT DOCK (Marina Historic District)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a conditional use request for a commercial
passenger loading area under Central Business District
Zoning.
There is a related item on this agenda i.e. First Reading of
a rezoning ordinance (RM to CF) which, if approved, will
accommodate the parking needs for this use. On a subsequent
agenda, there will be consideration of a conditional use
request which specifically approves the parking lot (that
action cannot officially be taken under the rezoning 'f=
1_
consumma ted) .
The project is for a Stillwater Intracoastal Cruise Boat
passenger loading area. It is to be located immediately
south of the Canal Street Restaurant (formerl~The Bridge).
It is located within the Marina Historic Distrrct.
BACKGROUND:
This item was before the City Commission previously but was
continued, without discussion, by request of the agent
Subsequently, the agent went before the C.R.A. il.>
reconsideration and has received their qualified endorsement. 1-
letter from Frank Spence re the C.R.A. recommendation is
attached.
Please refer to the previously prepared staff report and
attachments thereto for the project description and analysis.
REVIEW BOARD CONSIDERATIONS:
The Planning and Zoning Board formally reviewed this item at a
duly noticed public hearing and recommended approval of the
passenger loading area (cruise operation). They also recommended
approval of the rezoning and the expansion of the parking area.
City Commission Documentation
Conditional Use Approvals/Commercial Passenger Loading
Area and Boat Dock (Marina Historic District)
Page 2
The C.R.A. initially recommended denial of the boat operation at
this site and suggested t:hat it go north of the bridge. They
support:ed the rezoning and the expansion of the parking area.
The Historic Preservation Board recommended denial of the boat
operation. They did, however, support the rezoning and the
expansion of the parking area.
The D.D.A. supported the use and the parking lot expansion.
** Please see the previous staff report for more explanation
of the recommendations. **
ADDITIONAL STAFF COMMENT:
The C.R.A.'s revised recommendation finds that the use is
acceptable. It raises concerns, however, about traffic impacts
and ties approval to the termination of through traffic along
Palm Square. There are two problems with this recommendation:
l. There is a left turn restriction from Palm Square onto
Atlantic Avenue. This restriction is mandated and
controlled by the FDOT. Thus, imposition of the termination
of traffic flow along Palm Square without an arrangement to
accommodate westbound traffic is not acceptable.
2. The C.R.A. does support the expansion of the parking area
regardless of whether or not the boat operation exists.
With the parking area expanded, there will be utilization of '
it for other uses (retail, service, office, restaurant).
Thus, the traffic impacts along Palm Square (south) will
occur whether the boat operation exists or not.
Thus, it seems inappropriate to tie the boat operation to the
termination of through traffic along Palm Square. It may be more
appropriate to proceed along the following lines:
Approval of the boat use conditioned upon an expansion of
the parking area; then approval of the conditional use
parking lot only upon the termination of through traffic
along Palm Square and the provision of a suitable method of
accommodating west bound traffic (e.g. continuation of the
parking lot directly to Seventh Avenue and an associated
abandonment of the north portion of Palm Square as a public
street) .
"
City Commission Documentation
Conditional Use Approvals/Commercial Passenger Loading
Area and Boat Dock (Marina Historic District)
Page 3
RECOMMENDED ACTION:
By motion, approval of the requested conditional use for a
passenger boat loading area pursuant to the findings and
conditions as recommended by the Planning and Zoning Board with
the additional condition that the parking lot expansion be
achieved.
Attachment:
* Spence memo of March 19th
* Previous P&Z Staff Report & Documentation (City Clerk)
DJK/#77/CCBAOT2.TXT
.'
CD Community
Redevelopment
-a Agency
Delray Beach
CRA MEMO - Agerr<ta ReJ,ated
TO: David Kovacs, Director
Dept. c,f Ol:::::aM.,.,;'!""\r"1' & ZQ!"li~c
- ---..................'7""1 Director~
FRO~: Fr3.nk p ~nD"""('""p E:.{2CU t i'tIe
-- . -- ~ -- -- '-' -- ,
DATE: Mar-r:h 1 Q 1991
- - ,
SUBJECT: Conditional T1se Req"..lest to Pe:!:":!!!it CO!!'..!!le:!:"cial
Boat Landirrg - Palm Square
At the :::-eq'..lla:::- !!leeti~q of the CRA on Febr'..lary 28, 1991
the CRA he=.rd additional testi~any O!1 the aba'le ,....~,..,.11~c:::r-
--....,-----
from Digby 'Q,....~~rTcc: architect and =.qe!1t for the owners
----~...._,
and Dane Mark, Captairl of the boat th=.t '~!an ts to 10=.d
passengers at t-h; site. Additionally, residerrts f:::-o~
~.._s
Palo:'. Sq:t~2.re were also present and spake on the r-eq'.les t..
The CR.~ ~e:!~ai~s conce:::-ned about the traffic that WC1..lld
be generated by this Co~!!'.ercial 2cti'vit~, going south
thro'..lqh the :::-esidential neiqhbo:::-hoods of Pal~ Square =.nd
the Marina Historic District. The!"efare, it is the
recommendation of the CRA, by '..lnanimous vote, ta approve
the req'...!.es t provideq that a "break-thro1..1qh" fence 0!"
cther barrier be constructed across Palm Square t':'
prevent co~mercial traffic and customers of the boat from
gaining vehicular access south'on Palm Square.
cc: David Harden, City Manager
City Clerk's Office (Cheryl)
1 S.E, 4th Avenue, Suite 204, Delray Beach, Florida 33483 (407) 276-8640
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: MACGREGOR-HARTY, CITY CLERK
i 00 ~\~ :VauucJ-
"-
FROM: ~-DA D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
CONSIDERATION OF CONDITIONAL USE APPROVAL FOR A
COMMERCIAL PASSENGER LOADING AREA AND BOAT TICKET SALES
AND FOR THE USE OF PROPERTY UNDER C.F. ZONING FOR A
PARKING LOT (Marina Historic District)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of two conditional use requests.
One is for expansion of a parking lot onto property which is
to be zoned C.F.
The other is for establishing a commercial passenger loading
area and boat ticket sales for a proposed Intracoastal
excursion boat business.
The parking lot is to be located east of Palm Square
adjacent to residential property. The boat ticket sales
facility is to be located near the rear of the Canal Street
Restaurant on land zoned C.B.D. The boat itself is moored
in the Intracoastal Waterway.
While the requests are for separate and distinct uses, they
are being considered together since it is necessary to have
the parking for on the C.F. property to accommodate demands
generated by the boat operation. However, the parking on
C.F. property can stand alone and is not dependent (as a
land use) upon the boat operation request.
BACKGROUND:
These conditional use requests were submitted concurrently due to
the need to al~er the existing parking area in order to provide
adequate traffic circulation for the proposed boat operation.
Please review the attached Planning and Zoning Board staff report
for a complete description of the proposed uses, the concept
design plans for the parking area, and an analysis of the impact
of the proposed uses.
City Commission Documentation
Consideration of Conditional Use Approval for a
Commercial Passenger Loading Area and Boat Ticket Sales
And for the Use of Propety Under CF Zoning for a
Parking Lot (Marina Historic District)
Page 2
In short, the parking request will allow redesign and expansion
of the existing parking area in a manner which is more functional
and which provides for upgrading required landscaping (internal
and perimeter) and pedestrian circulation.
The boat operation involves the loading of passengers at the
existing seawall. Currently this business ope~tes in a similar
manner in Boynton Beach. Note that there -4 several concerns
regarding the boat operation within the Intracoastal Waterway.
These concerns are addressed by recommended conditions of
approval which call for various agency approvals prior to final
site plan consideration.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at its
meeting of January 28th at which time a duly noticed public
hearing was held.
There was public opposition to the requested conditional uses.
This opposition was voiced primarily from residents of the Marina
Historic District. A petition in opposition was provided from
residents who lived along MacFarlane Drive (opposite side of the
Intracoastal). There were residents of the area and others who
spoke in support of the request.
Comments included the following:
Bar Harbour Apartments: opposition based upon traffic, noise,
and congestion within the waterway.
Beach Property OWners Association (Elizabeth Matthews) :
opposition based upon noise and concern with the bridge
operations.
Marina Historic District Residents (Mrs. Riley, Mrs. Stewart, Mr.
Roberts, Mr. Nagy, Mr. Scanlon, Mr. Miller, Ms. Smith) opposition
based upon items such as the parking situation, that the use
would not add to the area, incompatible use and noise. Also, Ms.
Randall" resident east of the Intracoastal and shop owner. on
Atlantis spoke in opposition.
James Bowen felt that Corps of EIJ,gineer and other approvals
should be received prior to conditional use consideration.
Marina Historic District Residents (Ms. Turner, Mr. Rabb) spoke
in support. Also, Mrs. Bacarr~resident east of the Intracoastal.>
spoke in support.
City Commission Documentation
Consideration of Conditional Use Approval for a
Commercial Passenger Loading Area and Boat Ticket Sales
And for the Use of Propety Under CF Zoning for a
Parking Lot (Marina Historic District)
Page 3
Dominic A. De Ponte, Marine Way resident, provide a letter in
which he claims that the process and application of the code is
illegal. His letter(s) are attached. The Planning and Zoning
Board considered his positions prior to their action. The City
Attorney will be prepared to comment on Mr. De Ponte's position.
Please refer to the documentation provided for the rezoning
action for further comments.
Following review of the staff report, hearing from the applicant,
considering the above referenced testimony and considering the
recommendation of other advisory bodies, the Planning and Zoning
Board, on a 6-1 vote (Naron dissenting), recommended approval of
both requests, subject to conditions. The conditions are shown
on page 8 of the Staff Report. They were modified as follows:
Item b: specifically citing Scheme B (Sketch Plan)
Item m: add: that the applicant make a reasonable good
faith effort and take the necessary steps to have
the left turn restriction from Palm Square onto
Atlantic removed.
REVIEW AND RECOMMENDATIONS BY OTHER ADVISORY BOARDS:
Historic Preservation Board: Opposition to the request for the
boat operation with a consensus that that an excursion boat was a
suitable commercial venture to attract people to downtown Delray
Beach but that its proposed location, adjacent to a residential
area within the Marina Historic District, was inappropriate. The
Board did support the rezoning and conditional use request for
the expansion of the parking area.
Community Redevelopment Agency: Support for the expansion of the
parking area. Opposition to the boat use. Suggested that the
boat operation be conducted north of the bridge and that it be
considered as a part of the Veteran's Park project.
Downtown Development Authority: Consensus to allow the rezoning
and the proposed uses. suggestion to mitigate traffic and
parking concerns was to consider that, in conjunction with the
Veteran's Park project, a walkway should go under the Atlantic
Avenue bridge; ,-thus allowing the boat to load and unload north of
the bridge in the evening hours and also to filter some of the
parking to the public lot at Veterans Park.
City Commission Documentation
Consideration of Conditional Use Approval for a
Commercial Passenger Loading Area and Boat Ticket Sales
And for the Use of Propety Under CF Zoning for a
Parking Lot (Marina Historic District)
Page 4
ALTERNATIVE COURSE OF ACTION:
Since conditional use approvals for either use cannot be
effective until such time as the rezoning (RM to CF) is
effective, the Commission may opt to withhold its decision until
completion of the hearing process on the associated rezoning
(February 26th). Alternatively, both requests can be acted upon
with an additional condition that they not be effective until the
C.F. rezoning is in place.
In either event, the City Commission should take testimony at
this time. If the Commission is not supportive of the
conditional use for the boat operation, it is appropriate to deny
it at this time.
RECOMMENDED ACTION:
By motion, approval of both conditional use requests (expansion
of parking onto property under C.F. zoning) (excursion boat
operation and passenger loading area) pursuant to the
recommendation of the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of January 28th for both
the rezoning and the conditional use requests.
* Letters from Dominic De Ponte.
DJK#77/CCBOAT.TXT
.'
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Rezoning of Lots 58 and 91 from RM to CF. The property is
located south of Atlantic Avenue, east of Palm Square and west of
the Intracoastal Waterways.
BACKGROUND:
The subject of future use of these Lots was before the Board at
its meeting on November 17, 1990, when there was a determination
of similarity of use relative to a Commercial Boat Landing. It
was determined that the use is similar to other uses such as
restaurants and places of assembly for commercial entertainment
purposes. Because of its unique character, the Board also
determined that it be allowed as a conditional use.
At the same meeting, the parking issue was discussed. Pursuant
to 4.4.13(G)(1) the CBD parking requirement of 1 space per 300
sq. ft. would apply. The Board felt that since this use was
unique in nature, that no additional formal parking requirements
should be established, however at time of site plan approval they
would be looking for more than the required 10 parking spaces.
The subject lots were to be a part of the new parking area.
June 1986, the subject property was discussed as an additional
parking area for the Patio Delray. When the Patio Delray was in
for Conditional Use and Site Plan approval, the Planning and
Zoning Board determined that there were 14 parking spaces
required in addition to those at the exact location of building.
The subject site parking was discussed among the Downtown
Development Authority, the Community Redevelopment Agency and the
owners of the property. A proposal was put forward that the City
would buy the parking lot and the Patio Delray would pay for the
improvements of the 14 spaces. However, when the petition went
to City Council, no mention was made of the proposal and nothing
was pursued following that.
With the additional parking, as related to the Patio Delray, it
should be noted that the residents in the surrounding
neighborhoods had concerns with traffic which would travel
through their neighborhood.
PROJECT DESCRIPTION:
The associated development proposal is to construct a boat sales
ticket office with an attendant parking lot. The boat will take
pleasure cruises on the Intracoastal Waterways. It is the intent
of the owner to provide 31 parking spaces specifically for the
boat. The parking is to be developed in conjunction with the
Bridge Restaurant lot to the north At present, that parking lot
PLANN'I NG 8 ZON I NG BOARD
- -- STAFF REPORT - --
CITY OF OELRAY BEACH ~u GlS
MEET ING rnTe: JANUARY 28. 1991 Sa. C~ IW\ Mj(
AG~ ITEM: II 1. B. ~dk~~
REZONING FROM RM TO CF ON APPROXIMATELY 0.13 ACRES IN ORDER TO ACCOMMODATE
ITEM : PARKING FOR COMMERCIAL USES. THE AREA IS LOCATED BETWEEN COMMERCIAL ZONING
AND RESIDENTIAL ZONING ON THE EAST SIDE OF PALM SQUARE, SOUTH OF ATLANl'lC AVE.
GENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Coas tal Properties
Gedney Station, New York
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Digby C. Bridges
Location........................On the east side of Palm Street,
just South of East Atlantic
Avenue.
Property Size...................O.l388 Acres
City Land Use Plan..............Medium Density 5-12 du/acre
City Zoning.....................RM (Residential Medium)
Adjacent Zoning.................North and West of the subject
property is zoned CBD (Central
Business District). South of the
subject property is zoned RM
(Residential Medium), and the
Eastern border abuts the
Intracoastal Waterway.
Existing Land Use...............Vacant
Proposed zoninq.................CF (Community Facilities) for a
" parking lot.
Water Service...................2" water main ~along Palm
Street.
Sewer Service...................8" sanitary sewer line along Palm
Street.
ITEM: III.B.
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 2
has 40 spaces. The Bridge Restaurant is requesting a 980 sq. ft.
deck expansion. The expansion requires 4 additional parking
spaces. In total ~5 parking spaces are to be provided. It is
necessary to rezone lots 58 and 91 to CF in order to use the
property as a parking lot. The current zoning RM precludes such
use.
ZONING ANALYSIS:
This parcel is currently zoned RM. The surrounding zoning is
CBD to the north and northwest, to the east the parcel abuts the
Intracoastal Waterways and to the south RM. Immediately to the
west there are lots zoned RM which are in a similar situation
(ie. parking potential only).
Pursuant to Section 4.4.21(A), the Community Facilities (CF)
District is a special purpose zone district primarily intended
for facilities which serve the public and semi-public purposes.
Pursuant to Section 4.4.21(C)(8), privately operated parking lots
and garages are allowed as a Conditional Use.
Another way to zone this property is CBD. In order to zone the
property CBD, it would take a change to the Future Land use Map,
as the existing designation is Medium Residential and would need
to be changed to Commercial Core. With this scenario, there
would be no guarantees that a commercial building, would not, in
fact, be built at some point in the future.
The applicant has chosen the option of zoning the property CF, as
CF is deemed compatible with all Zoning designations shown on the
Zoning Map and would not require a change in the Land Use Plan.
REQUIRED FINDINGS: (Section 2.4.5(0))
Pursuant to Section 2.4.5 (0)(1), a justification statement
of the reasons for which the change is being sought must
accompany all rezoning requests. The code further
identifies certain valid reasons for approving the change
being sought. These reasons include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which
makes the current zoning inappropriate;
* That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
~ appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 3
Pursuant to Section 2.4.5(d)(5), the City Commission is
required to make a finding that the petition will fulfil one
of these reasons.
The applicant submitted a justification statement which states
the following:
"Under the previous zoning, the two lots 58 and 91 were zoned
RM10 and under the previous zoning code Section 173.771 location
of off-street parking spaces, (7) (b) "Within the the GC, SC, LC,
and CBD, all or part of the off-street parking spaces may be
located on an off-site parking area which has an RM10, RH, or
RM15 zoning districts, such site shall be subject to conditional
use approval. However, if the parking 1s located on a
residential, currently existing, conditionally approved or
permitted parking area pursuant to a variance, then conditional
use approval will not be required. Such parking shall also be
subject to the conditions of division (7) (c). A means of
pedestrian access from the off-site parking area to the principal
building or use shall be provided.
The above provision is not included in the new LOR's which
effectively renders these two lots of land useless. Lastly, the
rezoning to CF and ultimately to CaD will allow the lots and
adjoining lots to be developed with the best interest to the
Ci ty. "
Comment: The rezoning to CF instead of a conditional use with a
residential district allows the same result. In both the current
situation and pre-LOR situation, conditional use approval is
required for the parking function.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the application,
the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the
development application. These findings relate to the
following four areas.
Future Land Use Map:
(The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the
land use designation).
Pursuant to 4.4.21 (A) The CF District is deemed compatible with
all land use designations shown on the Future Land Use Map.
P&Z staff Report 1/28/90
Commercial Boat Landing
Page 4
Consistency:
Compliance with the performance standards set forth in
Section 3.3.2 along with the required findings in Section
2.4.5 shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in
making of a finding of overall consistency. The applicable
performance standards of Section 3.3.2 and other policies
which apply are as follows:
A) That a rezoning to other than CF within stable
residential area shall be denied. (Housing element
A2.4)
The development proposal meets this requirement.
B) That the rezoning shall result in allowing land uses
which are deemed compatible with adjacent and nearby
land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations
exist to properly mitigate adverse impacts from the new
use.
Pursuant to Section 4.6.4(E), where a CF zone district is
adjacent to a residential district, a special district boundary
treatment is required. A landscaped setback of 10' and either a
six foot solid masonry wall or continuous hedge at least 4 1/2'
in height is required. The attendant sketch plan indicates that
a 10' landscape setback be provided along with a 6' solid wall.
This helps to mitigate the commercial aspect of a parking lot
adjacent to a residential neighborhood.
Land Use Element:
Objective A-I: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate
and complies in terms of soil, topographic, and other
applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
(bl, b3)
This proposal can be considered to be complimentary to adjacent
uses. However, the additional parking could negatively effect
the surrounding neighborhoods.
Land Use Element:
.'
Policy A-3.3: Proposed development shall accommodate
required open space as provided for under Policy B 2.5 of
the Conservation Element and/or Policy B-1. 4 of the Open
Space and Recreation Element. (See following)
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 5
Conservation Element:
Policy B-2.5: Whenever new development or redevelopment is
proposed along a waterway, a canal, an environmentally
sensitive area, or an area identified via Policy B-2.1, an
area equivalent to at least 10% of the total area of the
development shall be set aside in an undisturbed state; or
25% of native communities shall be retained pursuant to
TCRPC Policy 10.2.2.2. This policy shall be implemented as
a part of the development review process. (b3)
The 10% requirement (undisturbed state) would not apply; however
pursuant to 4.3.4(K) 25% of this parcel is required to be
provided in non-vehicular open space.
REVIEW BY OTHERS:
DOWNTOWN DEVELOPMENT AUTHORITY:
At its meeting of January 7, 1991, the Downtown Development
Authority discussed this petition. The general consensus was to
allow the rezoning and use of the property. The Board did discuss
the associated traffic issue. One suggestion to mitigate the
traffic problem was to request, that in conjunction with the
redevelopment of Veterans Park, that a walkway should go under
the Atlantic Avenue bridge. This could possibly allow the boat
to load and unload in the evening hours north of the bridge and
filter some of the parking to the public lot at Veterans park.
Staff Note: The concept of a walkway under the Atlantic Avenue
bridge is not consistent with the Comprehensive Plan.
HISTORIC PRESERVATION BOARD:
At its meeting of January 16, 1991, the Historic Preservation
Board discussed this petition. The Board was in favor of the
rezoning to allow additional parking in the downtown area.
When the Patio Delray Restaurant site is developed additional
parking would be a necessity.
COMMUNITY REDEVELOPMEIft' AGENCY:
At its meeting of January 14, the Community Redevelopment Agency
discussed this petition. At the time, no information was
available regarding the use items (ie. hours of operation, how
many boats, etc.), therefore the item was discussed in general.
The Board requested more information prior to a formal
recommendation.
"
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 6
ASSESSMENT AND CONCLUSIONS:
Pursuant to Chapter 3, it clearly states that CF is the only
rezoning to occur in a stabilized residential area. By zoning to
CF, it controls the type of use and insures that a commercial
building is not constructed in proximity to the existing
residential units to the south. The issue, at hand, with respect
to Lots 58 and 91 is whether they should remain as RM and not be
usable (substandard RM lots and substandard frontage) or be zoned
so they can be integrated into the commercial property to the
north.
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter 3
(Performance Standards), and that pursuant to Section
2.4.5(0)(5) the rezoning fails to fulfill at least one of
the reasons listed under Subsection 2.
C. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.5(0)(5).
STAFF RECOMMENDATION:
Recommend approval of the request based upon positive findings
with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive plan.
REF:'3/A:BOAT4.TXT
"
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:LANN'I NG 8. ZON 1 NG BOARD STAFF
- -- REPORT - - -
I -ry OF OELRAY BEACH
MEETING rnTe: JANUARY 28, 1991
AG~ ITEM: IILC.
CO~DITIO~AL USE CONSIDERATION TO ESTABLISH A COMMERCIAL PASSENGER LOADING AREA
ITEM: &~D BOAT TICKET SALES IN CONJUNCTION WITH THE BOYD TICKET SALES I~ CONJVNCTIO~
WITH THE BOYD BVILDI~G COMMERCIAL AREA.
mso '7.
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iENERAL DATA:
Owner...........................Coa.tal Prop.rtl..
Gedney StatIon, New York
Agent.......................... . DIgby C. Brld<)..
Location........................On the ea.t sid. of Pala Str..t,
ju.t South of Ea.t Atlantic
Av.nu..
.
Prop.rty Slz....................0.381 Acr..
city Land Us. Plan..............M.diua D.n.ity 5-12 du/acr. and
Co_.rci.l Cor..
City Zonln<).....................RM (R..ld.nti.l Medium) .nd C8D
(C.ntr.l Bu.in... District)
Adjac.nt Zoninq.................North and W..t of the .ubj.ct
property i. zoned CBD (C.ntr.l
Bu.ln... Di.trict). South of the
.ubject property i. zoned RM
(R..id.ntl.1 Medlua), .nd the
. E..t.rn bord.r .buU the
Intr.coa.t.l Wat.rway.
ExIsting Land U.................V.cant
Proposed Land U.................Boat Tlck.t S.l.. Office
Wat.r S.rvic....................2" wat.r ..1n alon<) 'ala Str..t,
th.t turn. ...t, .nd run. .long
the North bord.r of the .ubj.ct
property, .nd turn. South and
run. the 1.n<)th of the a..t.rn
bord.r.
Sewer S.rvlc....................." sanit.ry sew.r line .lon<) '.la IILC.
Str..t.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Conditional Use request to allow a commercial boat landing
facilities with an attendant parking lot. The use of the boat
facilities is allowable under 4.4.13(0) while a portion of the
parking lot is allowable under 4.4.21(d).
The subject property is located south of Atlantic Avenue, east of
Palm Square and west of the Intracoastal Waterways. It is in the
Marina Historic District.
BACKGROUND:
See discussion in rezoning request.
PROJECT DESCRIPTION:
The Stillwater sightseeing cruises will berth and operate one
boat with the capacity of 150 passengers. The vessel will carry
passengers everyday for sightseeing cruises with lunch. The
vessel will leave at 10:00 a.m. and return at 3:00 p.m.. The
boat may operate a dinner cruise Wednesday through Saturday. The
dinner cruise will leave at 7:00 p.m. and return at 10:00 p.m. .
The food shall be supplied by the "Canal Street Restaurant" or by
an outside caterer.
The vessel shall berth south of the bridge with the port side
against fenders along the seawall. The vessel will have it's own
gangplank for boarding and un-boarding of passengers. A dock
would not be necessary for this type of operation.
CONDITIONAL USE ANALYSIS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings) prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the application,
the Staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the
development application. These findings relate to the
following four areas.
Future Land use Map: (The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation).
Attendant parking lots are allowed as an accessory use to a
commercial building. In this case, the boat ticket office.
P&Z Staff Report
Boat Ticket Sales
Page 2
parking lots are allowed as a conditional use in the CF zone
district. If the property is rezoned, the use is consistent with
the Zoning District. and the Future Land Use Map.
Concurrency: (Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (Traffic), drainage, open space (parks), and solid
waste, concurrency shall be determined by the following:
* The improvement is in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreement~r similar instrument, and there is
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital
improvement budget; it has been designed; and a contract for
installation has been solicited.
Water:
To date no water and sewer plans have been submitted, however the
following is noted:
Water service exists to the site via a 2" main located on the
east side of Palm Square. The main extends from S.E. 1st Street
and stops 100' south of Atlantic Avenue. The 2" main is not
sufficient to provide domestic water or for fire suppression,
therefore requiring the upgrading of the main.
It will be required that a fire hydrant be installed at the S.E.
corner of Palm Square and Atlantic Avenue and an additional fire
hydrant or stand pipe be located in the parking lot to service
the boat and ticket sales office. At a minimum the code requires
that a fire hydrant be located every 300' of road travel.
In order to accommodate the fire hydrant, the 2" main along Palm
Square will need to be upgraded to a 8" line tied to the existing
main on the north side of Atlantic Avenue, thus looping the
system. This will require a jack and bore permit.
Policy A-4.4, Capital Improvement Element, states that all new
development shall be required to extend public utilities for
water, sewer and drainage to the furthest portions of the
property which is being developed.
Policy C-4.3, Public Facilities Element, states that all new
development shall be responsible for extending water service to
and through the land to be developed.
P&Z Staff Report
Boat Ticket Sales
Page 3
By upgrading the main, tieing it to Atlantic Avenue, these
policies will have been met.
Sewer:
Sewer is available to the site via Palm Square.
Drainaqe:
I
The improved parking lot will be designed properly in order to
handle the drainage and to insure that all retention shall be
maintained on site. There is however, a potential that this lot
may flood in high tides.
Streets and Traffic:
A traffic statement was submitted. The project generates a total
of 450 ADT on the surrounding roadway network. County Ordinance
90-6 (TPS, Interim) is complied with in that the proposal
generates fewer than 500 net trips, thus a full traffic study is
not required. However, the statement does not address two major
issues which impact the area.
The report does not address the ultimate right-of-way of 60' and
the left turn restriction on Atlantic Avenue. The left turn
restriction has a major impact to Palm Square and the
neighborhood to the south. The Planning staff reviewed the
report and concluded that the existence of a prohibition of left
turns onto Atlantic forces exiting traffic through the Marina
Historic District. This situation will occur with whatever
commercial use is made of vacant property in the are. The report
has been forwarded to the city Engineer for further review,
however no response has been received to date.
Parks and Open Space:
Pursuant to Section 4.3.4(K} 25' of the parcel is required to be
provided in non-vehicular open space. the accompany concept plan
submittal shows in excess of 30' in non-vehicular open space.
Solid Waste:
One dumpster is provide by the Canal Street Restaurant. No
dumpster is provided specifically for the boat and ticket sales
office. Documentation from Waste Management that one dumpster is
sufficient to handle both operations is required prior to site
plan approval. A dumpster will not be allowed dockside since that
land is not privately owned. It appears that more dumpster
capacity will be required and this situation will necessitate
further changes to the concept plan.
P&Z staff Report
Boat Ticket Sales
Page 4
Consistency:
Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E) for the
Conditional Use request shall be the basis upon which a
finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive
Plan may be used in making of a finding of overall
consistency.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following was found:
Land Use Element:
Objective C-4 - The Central Business District (CBD) represents
the essence of what is Delray Beach L e. a "village like,
community by the sea". The continued revitalization of the CBD
is essential to achieving the overall theme of the City's
Comprehensive Plan of "A City Set Apart in south Florida".
Policy C-4.1 - The CBD regulations shall be amended to more
closely fit the desired character of the CBD and to facilitate
and encourage rehabilitation and revitalization.
." accommodation of parking needs through innovative actions
." incentives for dinner theaters, playhouses, and other family
oriented activities
Coastal Management Element:
Objective B-2 - The value of Historic Preservation to Economic
Development is recognized and shall be a component of economic
development programs throughout the City. With respect to the
Coastal Zone, this relationship shall be achieved through the
following policy:
Policy B-2.1 - The Marina Historic District shall embrace
principles of historic preservation and economic development in a
sensitive and blending manner.
Objective C-2 - The newly established Marina Historic District
shall be redeveloped with a sympathetic blending of the demands
of economic development and historic preservation. This
objective shall be met by the inclusion of the following policies
in any plan or program for redevelopment:
POlicy C-2.1 - Any such program shall be developed with the
active participation of both the Historic Preservation Board and
the Community Redevelopment Agency.
POlicy C-2.3 - That part of the District nearest to Atlantic
Avenue (north portion) shall be redeveloped in a manner which
while keeping within existing character shall provide for a
P&Z Staff Report
Boat Ticket Sales
Page 5
transition in design and intensity and type of use to the
commercial character of the Central Business District.
Policy C-3.1 - Remaining, isolated infill lots shall be developed
under zoning which is identical or similar to the zoning of
adjacent properties; and, the resulting development shall be of a
design and intensity which is similar to the adjacent
development.
The development proposal appears to provide and achieve the
objectives and policies outlined in the Comprehensive plan.
Compliance with Land Development Requlations:
The proposed use is in compliance with the Land Development
Regulations if the rezoning is approved. If the Conditional Use
is approved, a full site plan submittal will be reviewed by the
Historic Preservation Board. The proposed site plan must comply
with the LDR's.
Along with the Conditional Use request there is a Sketch Plan. It
is appropriate at this time to bring the following LDR
Requirements to the attention of the applicant:
* An additional 10' of dedication will be required along Palm
Square to meet the local (Commercial) standard of 60'
right-of-way. A reduction in the required right-of-way
width may be granted by the body having the approval and
pursuant to Section 5.3.1(D)(4). Justification will need to
be addressed as a portion of the Traffic Study/Statement and
the City Engineer must be in agreement. Within the 60'
section a 5' sidewalk is required from the south property
line to Atlantic Avenue.
* Per Section 4.6.16(E)(3) landscape islands are required to
be minimum of 5' in width exclusive of the curb width.
There are two site plans which have been submitted. Scheme A
shows the landscape islands to be 5' inclusive of the curbs and
no right-of-way dedication or sidewalk, thus provides 7S parking
spaces. Scheme B provides for the 5' landscape islands exclusive
of the curbs and a 5' sidewalk interior to the site without
right-of-way dedication, it only provides 71 parking spaces.
The Board should give some direction to the Applicant and
Historic Preservation Board on which scheme (A or B) you would be
in support of? The question becomes of whether or not the
Applicant should request relief from these items in order to
accommodate more 'parking.
* Since the specific use request involves an integration of
existing commercial uses and new development, the totality
P&Z Staff Report
Boat Ticket Sales
Page 6
of all the property should be designed, up-graded, and
replatted.
* The Board determined that it was not necessary to establish
parking requirements specifically for this use since in the
CBD, there is a standard requirement of 1 parking space
for each 300 sq.ft. of floor area. Ten (10) spaces are
required, however more than 30 are provided and allocated to
the boat use.
* Another problem to be addressed is that of lading supplies
and disposing of waste (trash and sewage). In either case,
the property adjacent the seawall cannot be used as it is
not under private ownership.
* There are concerns regarding the permitting of the boat
operations. The applicant stated that no permitting was
necessary. However, with the boat moored against the seawall
the following concerns arise:
- The boat will berth south of the bridge. This location
is likely in a constricted channel section with a
relatively swift current. We question whether the
operation can be carried out without additional mooring
aids, such as dolphins.
- The boat may be large enough to constitute a
navigational hazard at this location.
- Water depth at this location is unknown so there is a
concern that the boat may not have sufficient depth,
even at mean low water, to operate as proposed.
- The seawall appears to be in a deteriorated condition.
This operation may accelerate seawall deterioration or
cause it to collapse.
- If the boat plans to hold against the seawall with
engine power, prop wash may disturb the bottom. If
there are sea grasses here, there could be an
environmental problem. If prop wash makes a hole in
the bottom, it is considered illegal dredging.
In order to completely assess this proposal, the Applicant should
be required, prior to site plan considerations, to submit the
following:
1. Cross sections of the waterway to assess water depth and
channel location.
.
2. An Engineer's certification that the seawall is stable
enough to withstand this operation without further
deterioration.
P&Z Staff Report
Boat Ticket Sales
Page 7
3. In addition, the operator may need to file a "notice to
Mariners" with the Coast Guard.
REQUIRED FINDINGS: (Section 2.4.5(E))
Pursuant to Section 2.4.5 (E) (5) (Findings) in addition to
provisions of Section 3.1.1, the City Commission must make
findings that establishing the Conditional Use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
With the additional parking in the CBD area, it helps to mitigate
the perceived shortage of parking in the downtown area and helps
to keep cars from parking in the surrounding neighborhoods.
The major concern is that of traffic which will be generated on
Palm Square. At Atlantic Avenue there is a right hand turn only
sign. Which means anyone leaving the parking lot to head west
on Atlantic, will have to travel through the neighborhoods and
would not have direct access to a major thoroughfare.
REVIEW BY OTHERS:
HISTORIC PRESERVATION BOARD:
At its meeting of January 17, 1991, The Historic Preservation
Board discussed the use issue. The Board recommended that the
conditional use request be denied. It was a consensus that an
excursion boat was a suitable commercial venture to attract
people to downtown Delray but that its location, adjacent to a
residential area within the Marina Historic District, was
inappropriate.
Two letters of opposition were submitted and are attached for
review.
COMMUNITY REDEVELOPMElIT AGENCY:
The Community Redevelopment Agency wanted additional information
prior to a recommendation. Its recommendation should be available
at the meeting.
ASSESSMENT AND CONCLUSIONS:
"
It was determined by the Planning and Zoning Board that a
Commercial Boat Landing is similar to the uses allowed in the
CBD. It fulfills the policies outlined in the Comprehensive Plan
under the Land Use Element for the Central Business District.
P&Z Staff Report
Boat Ticket Sales
Page 8
The central issue upon which the decision must be made deals with
the future use of any or all of the undeveloped land on either
side of Palm Square. Any use of the land will create traffic
which will go south on Palm Square. A public parking lot would
have similar impacts. Even a City park with attendant parking
would have such impacts.
Associated issues such as loading of supplies, disposal of wastes
and the gathering of crowds may create undesirable neighborhood
impacts. These items could be mitigated through site design.
ALTERNATIVES:
1. Continue with direction.
2. Recommend approval of the conditional use requests for a
commercial boat landing in the CBD and a parking lot under
CF zoning.
3. Deny the Conditional Use request based on not being able to
make a positive finding pursuant to Section 2.4.5(E)(5)
findings (incompatibility).
STAFF RECOMMENDATION:
Recommend approval of the conditional use requests based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development regulations, policies of the
Comprehensive Plan and Section 2.4.5 (E) with the following
conditions:
a. Up-grade of existing parking lot
b. Site plan to reflect the sketch plan of January 15,
1991 - <--;c\,~ ~
c. Platting of the contiguous Handlesman holdings into a
single parcel, or if multiple parcels that appropriate
access and utility easements be provided.
d. That boat operations be limited so that there is at
least a two hour period between passenger loading and
unloading
e. That there shall be no loading vehicle use of Marina
Way north of S.E. 1st Street.
f. Concur;ent with the site, plan submission for the
passenger loading use and ticket sales office,
documentation must be provided from the Army Corps of
Engineers, regarding mooring and loading operations.
P&Z Staff Report
Boat Ticket Sales
Page 9
g. That current with the site plan submission for the
passenger loading use and ticket sales office,
documentations must be provided under the seal of a
registered engineer to the effect that the proposed
mooring and loading operations will be acceptable with
out damage to the seawall.
h. That the parking lot improvements may proceed
independently of the ticket sales and boat use.
L That as part of the site plan submittal detailed
information be provided as to trash volumes and the
ability of Waste Management to pick-up such trash in a
timely manner, how the disposal of sewage from the boat
be handled, how drainage will be handled with the
potential of the parking area flooding.
j . That as a part of the site plan submittal detailed
information be provided as how the utilities will be
handled (ie. water main, fire hydrant).
k. That a landscape plan accompany the site plan to show
mitigation of the south boundary treatment.
1- That information requested on page 6 of the report, as
it pertains to boat operations, be provided prior to
site plan submission.
" .~
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Attachments:
Attendant site plan scheme A and B
Letters of opposition
Additional information regarding the Stillwater operation
REF:A:13/BOAT1.TXT
"
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734-8642 -
January 14 .tt~~~~9~~
Mr. Handelsman
840 E. Atlantic Ave.
Delray Beach, Fl
PLANN\NG &. z.ON\NG
Dear Mr. Handelsman:
Please let this letter serve as a follow-up to our previously
discussed proposal for operating the Stillwater sightseeing,
luncheon and' dinner cruise boat from your vacant parking lot
at 840 E. Atlantic' Ave., Delray Beach.
PROPOSAL ,-
(1)jStillwater sightseeing cruises will berth and operate one ( 1 )
United States Coast Guard approved, 150 passenger, 65:foot,
double deck replica character type steamboat torm the affore-
mentioned address. The vessel will carry;"passengers everyday
north and south on the Intracoastal Waterway' (or scheduled
sightseeing cruises with lunch available on board leaving at
10:00 a.m. and returning back to its berth in Oelray at 3:00p.m.
The Stillwater may operate also a dinner cruise on ~ednesdays,
Thursdays, Fridays and Saturdays. The dinner.cruise will leave at
7:09 p.m. and return at 10:00 p.m. A slightly cut~back
schedule may occur during off-season months.
(2) CLIENTELE ON BOARD
Families, tourists, group functions, wedding parties, business
meetings and, retirees.
( 3 ) FOOD
Food shall be supplied by the "Canal Street Restaurant"
(formally the Bridge Restaurant) or by an outside caterer.
(4) TICKET OFFICI!
A small area at the east end of the parking lot shall be set
aside for a small ticket office. This ticket office does
not require toilets or plumbing only ~lecttlc .to it.
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5 ) HOORING AND DERTn
The vessel shall berth directly east of the parking lot and
just south of the II Can a 1 S t .re e t Res tau ran tit. The bo\{ of
the vessel will face north', the stern south, with the port
side against fenders along the seawall. When' leaving,
the vessel will back astern to the south away from the Atlantic
Ave. bridge. When returning the vessel will again approach
from the south. The vessel,will have it's own. gangplank for
boarding and un-boarding of passengers. The need for
construction of a dock is not needed for this operation and
thus not requiring permitting. A small area of vegetation
(not Mangrovel) wIll be trimmed back for gangplank use.
6) BOAT REFOSE
. .
The two dumpsters that supply the restaurant shall also
accommodate the boats refuse. .
. .
For further discussion on th i s proposa 1 you may reach me at
telephone 407/ 496-3858 or 407/734-8642.
Sinc~ ~~
W ~/.,ij .~ -'
~Pt. Dane L~ Hark
Stillwater Cruises
3400 Lakevie\{ Blvd. .
Delray Beach, Fl 33445.
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MEMORANDUM
DATE: JANUARY 17, 1991
TO: DAVID KOVACS, DIRECTOR, PLANNING & ZONING
THRU: STAN WEEOON~
FROM: PAT CAYCE ~
SUBJECT: HPB'S RECOMMENDATION TO P&Z REGARDING THE EXCURSION
BOAT AT PALM SQUARE
At its meeting wednesday, January 16, 1991 the Historic
Preservation Board considered the following two items in
connection with the proposed excursion boat.
(1) Conditional use for commercial passenger loading
area and boat ticket sales at Palm Square.
The Board did not recommend the conditional use. It was a
consensus that an excursion boat was a suitable commercial
venture to attract people to downtown Delray but that its
location, adjacent to a residential area within the Marina
Historic District, was inappropriate.
Two residents ot the Marina spoke against the conditional use:
Alieda Riley, 65 Pal. Square
Kevin Scanlan, Marine Way
The two attached letters, also against, were
read into the record.
Speaking in tavor of the conditional use:
Richard Rabb, 50 Pal. Square
(2) Rezoning troll RM to cr on approximately 0.13 acres
in order to accommodate parking tor commercial uses.
The Board recommended that the above property be rezoned to
accommodate parking_ If wa. telt that additional parking was
currently needed in Palll Square and that when the Patio
Restaurant site i. developed additional parking would be a
necessity.
"
c: Janet Meeks
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ,a - MEETING OF MARCH 26, 1991
REQUEST FOR CONDITIONAL USE APPROVAL
DATE: March 20, 1991
At the applicant's request, this item was removed from your February
12th agenda. We have received a request for conditional use approval
to establish a commercial passenger loading area and boat ticket sales
office on the east side of Palm Square just south of East Atlantic
Avenue.
Stillwater Sightseeing Cruises is proposing to berth and operate a
boat from the vacant parking lot at 840 E. Atlantic Avenue. The sixty
five foot, double deck, replica steamboat would carry passengers north
and south along the Intracoastal Waterway; daily between the hours of
10 a.m. and 3 p.m. Evening cruises will be offered Wednesday through
Saturday from 7 p.m to 10 p.m. Meals (lunch and dinner) will be
available on all cruises. The vessel will berth directly east of the
parking lot and just south of the Canal Street Restaurant. A
gangplank will be provided for boarding and unboarding of passengers.
The Historic Preservation Board at their January 16th meeting
recommended denial of the conditional use request based upon a
consensus that the operation of an excursion boat adjacent to a
residential area (Marina Historic District) was inappropriate. The
Community Redevelopment Agency supported the rezoning and associated
conditional use to extend the parking area. However, they did not
support the boat operation at the proposed location and suggested that
a site north of the Atlantic Avenue Bridge be considered.
Subsequently, the Community Redevelopment Agency reconsidered the
request and recommends approval of the conditional use subject to the
construction of a barrier with a "break through" or cul-de-sac which
would stop the traffic from going through Palm Square. Residents
attending the CRA's meeting were supportive of this recommendation.
The Planning and Zoning Board at their January 28th meeting
recommended approval, (6-1 vote) , subject to conditions. A detailed
staff report is attached as backup material for this item.
It is my recommendation that the Commission either approve the
Conditional Use request as presented and recommended by the Planning
and Zoning Board, or to deny the request. To close Palm Square would
cause serious traffic circulation problems affecting a large area.
Also police and fire department access to many properties along
Atlantic Avenue from Seventh Avenue east to the ocean would be
adversely affected. This problem could be avoided only if the two
blocks on the south side of Atlantic Avenue from the Intracoastal to
Seventh Avenue were largely redeveloped,
Please note that this request should be considered following action on
Ordinance 23-91 (rezoning petition) which is on your agenda for first
reading.
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PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION
DELAA Y BEACH. FLORIDA
REPLY TO:
January 24, 1991 65 Palm Square
Delray Beach, Fl 33483
'lb the .......1 _'I'Oi of the I1Rl-ray RRAr-n P1anni1llj and Ztming D.lanl
'l!le ~lihe.rs of 'l!le Palm Square-Marine Way fbJEowneJ:s Associatia'l have
~ the plans for a Imdl and dinner cz:uise }x)at cb::kinq in our
Historic Di.strlct.
We are unanim:Jusly qpJSed to am view with .q l.qnn the traffic ptOOlR'lB
am the pXential use of our streets far Cr .,.,....~ial parking. BecA116e of the
one way traffic Loth in and out an Atlantic Avenue, the majority of the
traffic would have to enter am leave through the residential area of the
Marina Historic District.
Vj,s!Vll i '.8 with us far a m::m=d.. - the lWlCheon or dinner custaoerB far
both the mstlmrant (which is ~inq an addition of a patio seatinq 75
DDre people) and the boat are m::riviIVJ as ~ as cust:aDexB for 6 stares.
'!bare are tl:ucks delivering 8Uf{"Hes which Ch'(>OODds the prOOlem. Valet
parkm:s are xushiIv) through the sb:eets looking far parking places and
bringing cars back and forth. NX a situaticm that shou1cl exist in a family
ne.1ghJxn::hxxi in a Historic D.istr.i.ct.
'D1is p:tb1em will beoJtnA ~ when the "Patio PL~,-y" is deve1opecl.
If the quality of life in the msidential areas of this town is
deeL.rojed the wOOle carJCqll that ~ is trying to project will be C}Jn9.
We bJpe your board will consider the inpJct on the sur:rourding
ne.1ghJxn::hxxi ~ you malce your reo ","A~tia'l to the City ('nuni 6sion.
Ycurs truly,
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001 'l'b:1Dls8 B. ~, Ma,yar ~~.
David Randolph, Vice Mayor mres~P9tsJ" BOl.1Jeri
Wi 11 fRIll Arxb:ews, Vice Mayor ~E(c1En'}JlEJD)
o--nnf ea1aler Jay Alperin
o--nnf -1aler 1a:JzImd JIJuIt
JAN 24 199'
PLANN!NG el. ZONING
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30 Marine way
Delray Beach--33483
January 14, 1991
Historic ~reservation Bo~rd
lJity Hall Florida
lJelray .Beach,
Mrs ~at Healy, 0halrwoman
Dear Hoard Members:
When your Historic Hoard was established, ..and our area, notably {'\artne
Way and ~alm ~quare was designated as an tlistoric uistrict, we naturally
understood that existing commercial endeavors would still be allowed,
and assumed they would be appropriately maintained.
Doesn't the proposal to introduce a dinner cruise ship just south of the
Atlantic Ave bridge, with attendant facilities and parking requirements
interject a whole new merc~andising enterprise with no possible historic
precedent?
With a proposed capacity of 150 passengers, which conceivably would mean
150 disembarkin~ and 150 bo~rding, how could they not infrln~e and tres-
pass upon the long established residential properties Which comprise the
~arina Historic District?
If th~ restauranteur feels that this concept is indeed feasible, and the
city feels it is desirable in order to draw more people to Do~ntown
Delray business district, why not locate the docking on the north side of
the bridge1 Wouldn't that enable a boat to dischar~e passengers directly
into the Atlantic P13za, thereby generating more exposure for the Plaza?
Instead of creating an unwelcome bottleneck in a quiet residential neigh-
borhood, couldn't both the increased pedestrian and vehicular traffic be
handled more expeditiously thru a park-like access to the business
district?
However, isn't it the Army Uorps of 1ngineers who have the province to gr
or withhold permission for the erection of the necessary docking facil-
ities? If so, isn't this whole discussion premature?
Sincerely;, .
I ,~ .~ '7' E U/ ~ l... d I ,.,
Mrs Donald Woodin
1,10
J A~,UARY. 22. 9I
CI~Y OF D~LRAY BEACE~
BUILDIl,G ,DEPT. ALEX !IAG Y .
2.9,PALI4 S(UARE.
DELRAY Blt\CH.
TO,n~.O IT l.:':\. Y. C OLe ERN .
P:::O!IE 243-9:134
-
h:Y COl;V?....ESATIor~'S i1ITli ~:R.RICEARE :BAUER ,CODE EI\'FORC~.lENT DEFT.IN 1987
AED 1988 IN REnARD I S TO THE PAHKIl\U LOT NEXT TO lr4Y PROPERTY (NORTli)
',iITH CAR '5 PARKING IN Tl:iE LOT .ON T~'ra TIME'S I('Y Cf~q ','[AS EIT M:D DAKAGED
TO THE EXTENT of ~987 ~OO, ','lliICH 1:Y INSURA!~CE co. PAID.DUE TO TEE FACT
TEAT THERE ytERE l~O WALL OR '''lliEEL STOPPER I S INSTALLED IN THE PARKING LOT
TEE, CAR I 5 ';fERE ABLE TO ENCROACH ON hlY PROPERTY BY USEI~G KY, DRIVE\JAFE
TO STOP Tl-~E CAR'S PARKING-,AT THE SAt.:E TIgE THE CARIS BU~Pffi 'iI'AS INT _
AED OVER !,~Y DRIVE',"lAY BY T'ilO TO THREE FEET, TlllJS, l:AKn:u IT n::eOSSIBLE FOR
L:E - TO P.A.HK oR USE l.1Y DRlVE',';AY._ .
ER EAUER cm;TACTED I:Jl EAl'J)ELl1AN J TEE OSl~ER OF T;:Z PROPEaTY A30UT THE
PROBLEH AIm TEE DillISION 'i/AS TO ItSTALL A CuIU ACCRQSs'rEE FROl;T ENTERANCE
01' TLE LOT SO 1\0 CARIS ','/oor.;n PARK TEffiE IH T~~E FUTURE.IN 37 AND 88-89 J:J.earos
DURI~:G :rEB DELRAY DAY'S IN APRIL ,THE FOLLO','iIliG THREE YEAH'S TBE GATE
.,JAS OPZl:ED TO ALLO'J CAHS TO PARK FOR THREE DAytS,I','(AS TOLD BY PERMISSION
OF ?EE CITY. AIm MR.EANDEU:AN.I HAD T:-;:E SAi.:E PROBLD.t ,NOT BEIiTG ABLE TO
PARK IN I,d O.,'lN - DRIVE ,YAY . THIS PROBLEM I EXPEDT TEE CITY TO CORRE>.JT AN]) STOP
THIS YEAR
I EAVE BEEN INFCRNED fit LE~l:rER FRON T:-~ CITY OF DELR.4.Y B3.f"CIi lUBLIC NOTICE
:791-025 TEAT A COl:llU~RCIAL PASSERGER LOADING AE.~ AND BOAT TICKET OFFICE
ALar;:} .,lITH THE PARKIHG LOT A TO BE EUILT ON THIS PROPERTY, r.TEXT. TO MINE.
I Ef..VE EO OBJmTION TO ~EAT BUT I DO ','lAI;T A WALL TO BE BUIL1r TO PROTIDT
LY PROP:Sl~TY, THE ~'1ASL TO BE, AT LEAST FIVE FEE'x :lIGE (5 .ft l) I ASSUME ,
\tI:EEI S'~OPPER I 5 ,'{ILL BE I~:STALLED I.rO PRO~::X;T Tl:E ','lALL, ~HE ~IST:(NG WALL
BEIEG PIVE FEET (5 it ) BEEr ND I,iY PROPEHTY. A~ THIS TI!,~E IS A GOOD
PROVIDER FOR PRI'ffiJRY MID SAFETY, THE SA~,'lE constb~9li:' SHOULD BE GIVEN
TO LY - PHOPERT~LSO, WITH A sm BACK- FRO!.1 I.tY PREPERTY LI~O TEE WALL OF
T','re OR THREE EET .,'/ITH LAIIDSCAPEIl.:D AriD GRASS. THE \'lAl)1; 5 TO BE PLASTERED.
A};:I) PAIl;~ED F];'UING f,':Y PREPOERTY . THE REASON FOR TEE WALL TO BE FIVE (5 it )
So Tl-:'r\T TI::E HEAD LIGhT IS FROU, TEE. CAR'S PARKIl,iGjDO NOT SlITNE INTO !,~Y ;IINDO','j!S
A!':D. :iOLE,AS t,lY HOOSE SITS UP ::IG-H &:3 OU T)f OUR FEETt4 it) FRO~,t THE GROOt:D.. _
- .
Al:OlfE:ZR. FACTOR IS T:-:hT ThERE SHOULD BE NO t.:USI6 OR LOUD BAIID PLAYING~O
DIS'.L\JR3E 'rEE PEACE AIm QUIE'r OF THE i\~}:'J:G:--.:sOREOOD ,:13 [AD ~~-J:S PROBLElt
'.rP1'5 'x:_E A~'LA};TIC PL;\zA ACCROSS ATLAl:'.nc AVE AND 3E1.;;E3~ t:R .BAUER AND
:.:RS.:LUUj BUIJ:L1IlR OF r.l.:iiZ CODE Ei:::FO:\GEil~'.e DEP'l\r:iliY S.:rOPP:.ill i.li::.Z LOUD r::USIC
PLi\YIl:G DAl Al;D ni'rO AZ;D PAS'r l,:IDi.:IGET., ANY ~COl:SIDEaATI on TO lfHE ABOVE
R3(U33':r ..ILL::m G::tEATLl AllPRIGIA'l'ZD
'rl'Lo\l';K YOU
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We, the undersign, are owners of apartments in the Bar Harbour, 86
MacFarlane Drive in Delray Beach. We strongly object to the proposal to
have luncheon or dinner auises launched from an area on the intercoastal
waterway opposite our ,ng.
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We, the undersign, are owners of apartments in the Bar Harbour, 86
MacFarlane Drive in Delray Beach. We strongly object to the proposal to
have luncheon or dinner cruises launched from an area on the intercoastal
waterway opposite our bt,tiw;ng,
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Domini~\ A. De Ponte "
=================================================================
(407) 278-3973
Hon. Thomas Lynch
Mayor of Delray Beach
City Hall
100 NW 1st Avenue
Delray Beach, Fl. 33444
RE: Application of Coastal Properties - Zone Change RM to CF
- CBD conditional use
Palm Square - Pleasure Boat Landing Sales Office
D,ar Sir:
At a Planning and Zoning commission Meeting, January 28, 1991,
I voiced my legal objection to item No. 1 of the proposed zone
change)
I asked~applicant's representative that if the zone change of RM to
CF were passed, and the Boat Landing Application was denied, does
this mean the owner of the property will keep the property a
parking lot available to the public? He said "Absolutely not. One
went with the other. The zone change was to be conditional on
ability to operate boat landing sales office and even then it would
be controlled by owner"
My point was made. The changed zone was not for public use but
solely for personal use of owner in conjunction with the proposed
boat handling operation. There is no valid basis for the
utilization of the community Facility Zone in the instant
application. To do so violates the purpose and intent of said
ordinance and renders application illegal. The arguments I gave
fell on deaf ears and blank faces.
When I challenged the enterpretation of the II Similarity of use"
ordinance I was told there could be no further discussion on that
matter because a staff report was already filed and made its
recommendation and the matter was closed. In consequence to my
claim that I felt an improper interpretation was made of the
ordina~ce, the chairman ruled my time was up, and I was prevented
from pursuing my arguments any further.
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I then left a copy of my report with Mr. David Kovaks, Planning
Director, and I enclose a copy thereof together with copies of
pertinent portions of Mr. Kovaks opinions I challenged.
I am writing to you because I am advised that the matter will now
be referred to the City Commissioners for their consideration on
February 12, 1991. ~~~~"~"-_.-
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PLANNING & ZONING
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I resp~ctfully request that as Mayor of the City of Delray, you
SOlici~a legal opinion from City Counselor Jeffrey Kurts as to the
questio s I raised in my report prior to the above scheduled
meeting.
Mayor Lynch, my concern is saving taxpayers monies in the appeal
process. Too many Towns are wasting money on litigation costs. A
request for a legal opinion at the present time would be in the
best interests of the Town and the residents affected by this
decision.
I have practiced law for 20 years and served on a Zoning Board up
north for 4 years, and in the past 20 years I have worked for
corporations primarily in the role of permitting, platting and
zoning.
In my opinion, there is reversible error in the process of this
aJlplication. I sincerely feel it merits your attention at this
time.
Respectfully Submitted.
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;J? IM/!;t
~}I. . f?J .
DOMINIC A. DE PONTE
cc: City commissioners
Jeffrey Kurtz, City Counselor
enclousers
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24 MARINE WAY, DELRAY BEACH, FLORIDA 33483
TO: DELRAY BEACH PLANNING &ZONING COMMISSION
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RE: APPLICATION FOR BOAT LANDING AND SALES TICKET OFFICE - PALM WAY
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AGENDA ITEM IIIB
I am appearing tonight to challenge the legality of this Application as
follows:
1. ISSUE REGARDING CHANGE OF ZONE FROM RM TO CF
A. In this application, a Community Facility zoning is an improper
zone to use. It is a violation of the purposes and intent of
section 4.421.
, " (A) PurDose and Intent: The Community Facilities (CF District)is
a special purpose zone district primarily intended for facilities which serve
pUblic and semi-public purposes. It is also applied to regulated properties
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subjected to a transfer of developmental rights. Such pur~oses include
governmental uses. churches. educat!ional. service and institutions. The CF
District is deemed compatible with all land use designations shown on the
Future Land Use Map."
It's scope is to include in 4.4;21 (B) the following uses:
(1 ) Governmental Facilities such as courthouses, post office, fire
stations, etc.
(2 ) Community Facilities, such as civic centers. community
centers. community theater. cultural facilities and
auditoriums. libraries. museums.
(3 ) Parks and Recreation facilities, such as parks, ballparks.
(4) Service oriented facilities, such as Abused Spouse Residences,
\:' Child Care Centers,
etc.
FURTHERMORE , De1ray Zoning Code Section 173.745 states the Purpose and
177.746 outlines Permitted Use, as follows:
"Such Facilities shall include cultural. educational. medical.
institutional and qovernmental facilities."
(B) A commercial boat landing and sales ticket office does not come
w~thin any of the above ou~ined uses, AND, therefore, it cannot
avril itself of a CF Zone chanqe.
In interpreting ordinances, we must look at the Legislative intent. Clearly,
this type of operation is not contemplated to be included as "Community
Facility." If you permit this interpretation, then, it would be too broad
and vague and become an Unconstitutional Ordinance at Law, but it is good
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law. It is!, to be interpreted properly. CF could conceivably be used in
every zoning application situation under the above premise, which is bad law.
However, statute 173.746 clearly defines the uses that could avail itself of
this Zarling Ordinance and none include a boat excursion or amusement ride.
Consequently, CF Zoning cannot be made available to cover this special
situation. The Zone change must be rejected and denied.
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(C) In the event this Zone is approved in its present form, it would be
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tantamount to SPOT ZONING'which is illegal. Effectively, you are
changing RM Zone to CBD Commercial. You are permitting indirectly
what you could not permit to do directly. If you find a hardship
because of the argument given and grant this Application, it would
amount to a Variance which your commission has no authority to
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give, and it would again be spot Zoning.
The only remedy available to Applicant, if he wants to pursue this
Use, would be to seek a Land Use change and a new Future Land Use
Map for a CBD Zone, and Applicants knew this from the start.
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The proposed use is incompatible with RM Zone and Adjoining
Residential Historic District. It is, furthermore, inconsistent with the
ambiance of the Historic District. Lastly, it is against the Comprehensive
Plan adopted February, 1990 which recommends that this area remain stable.
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I can't conjecture anything that is more unstable than this Amusement Ride
with a box lunch and drinking parties in the daytime and evening! ! ! A
CARNIVAL ATMOSPHERE ! ! ! !
Lastly, it would be logically impossible, in light of the above, for the
Staff and Commission to render favorable required findings as per Section
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2.4.5(0)(1) and section 3.1.1.
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THE ZONING APPLICATION MUST BE DENIED.
\ The request for consideration for a Conditional Use for a private
ISSUE II:
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parking lot in the CF Zone therefore becomes mooi for reasons set out above.
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ISSUE III: Consideration of Conditional Use for a passenger boat loading
facility and ticket office in CBD Zone is improper.
A. There is no use set out in CBD Zone for a boat landing facility -
it never intended to permit this type of operation.
B. Applicant attempts to utilize Section 4.3.2. (C)(2) to establish a
"~imilarity of use" to classify use of Applicant in CBD Zone.
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(1) section 4.4.13(B)(3) is relied on as one similar use viz
\ "RESTAURANT."
~ Although Application mainly states use as a boat landing
facility and a boat sales ticket office. Then the reports
talk about a restaurant with food. It wasn't until 1-14-91 in
a letter sent by stillwater Cruises to Mr. Handelmann when
they first disclosed sale of food. I AM VERY SUSPECT OF THIS
- WHOSE IDEA WAS THIS? It appears as a realization of a
weakness in their argument without food. However, the use
\ described still does not meet the SIMILARITY TEST for the
~ following reasons:
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,."
(A) Definition on page 46 in the Delray Code. It defines
RESTAURANT as follows: "An establishment where
food is prepared and served for pay, primarily for
consumption on the Premises in a completely enclosed
room, under roof of a main structure, or in an interior
court." The boat diagram attached to Application shows
"\ no galley or kitchen. So, to this extent it is not
~ similar to restaurant use.
(B) All 150 passengers assemble to board boat at one time and
at the end of the cruises disembark at one time, unlike
f a restaurant pattern of use - it is a meeting or assembly
for an amusement ride, pure and simple.
(C) Catered food cooked off-premises and lunch baskets
prepared off premises is unlike a restaurant operation. If my office staff
has Domino's Pizza delivered for lunch, does that make my office similar to
a restaurant? Of course, not! ! Now, if I had a stove in my office and
prepared lunch or dinner from time to time in my office - THEN, ONLY can you
say my off \ce is "similar" to a restaurant in a broad sense. Therefore,
there is cl~arly no similarity between a restaurant and an Amusement Ride
where people bring a box lunch.
(D) section 4.4.13 (0)(14) is relied upon by Applicant as
another similarity viz: "For Commercial Entertainment Purposes".
(1) I submit these words are taken out of context and
applied improperly. section 4.4.13(0)(14) provides as follows:
"( 14) Plavhouses. Dinner Theaters. and places of assembly
for commercial entertainment. e.a. . concerts, live oerformances."
Now, taking this paragraph in its full text and using
proper interpretation and construction of the text of the language in the
Zoning ordinances, the use must be similar to theater - arts - concerts. etc.
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and because of, "e.g. - "Exempli gratia" (Latin) - literally means "For the
sake of an example" - gives us further guidelines for interpretation of that
category. It limits any interpretation of a Commercial Entertainment nature
to be like a concert or live performance.
There is no way that the intent and purpose of this
Ordinance includes a boat landing dock and ticket sales office or, rather an
amusement ride or carnivale - nar any similarity to it!
Consequently, no similar use can be shewn frem this
section. A new category needs to be developed for Applicant. An applicatien
fer a new land use is their .only remedy at LAW.
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THIS APPLICATION FAILS TO SHOW SIMILARITY AND IT THEREFORE MUST BE REJECTED.
ISSUE IV: Altheugh a meat point, the Issue of Parkinq Requirements needs to
be commented en, again to see hew far Applicant has stretched its
interpretatien:
(1) The Applicant indicates the Cede pravides na guidelines fer
parking so they proceeded te develap their .own.
Hewever, parking fer Cemmunity Facilities fer meeting places and
assembly of people (as to an assembly fer a shew, etc. ) prevides on page
4.6.34 reads as follows:
PARKING REQUIREMENTS:
( a) .3 .of parking space fer each seat .or, .
.3 .- 150 = 50;
(b) 1 space for each 50 s.f. - 3000 ~ 50 = 60, whichever is
greater = 60. The Code, therefare, does pravide far 60 parking spaces.
There is no need te make up a new farmula.
WHY WEREN'T THESE NUMBERS USED - especially, if they were
considering CF Zone?
5
( 2~ Applicant suggests 12 spaces for each 1,000 s.f. = 36, or,
1 space for every 3 person - 150 ~ 3 = 50, which is a commonly used rule and
is fair. But then Applicant suggests that, like Boynton Beach, because it is
in a downtown location with other downtown parking spaces, you take a 60%
factor which reduces it to 30 spaces.
This is an ERROR. Unlike Boynton Beach, this plat adioins
residential property to the West and South. If the plat was on the corner
of Atlantic Avenue and Route 1, you can justify this adjustment approach
because of the other avaiable downtown parking spaces.
But, when the plat is adjoining and abuts a residential area on two
sides, tit is unfair to apply this rule and the numbers should be taken at
100% of the~ calculation viz. 60 or a minimum 50 parking spaces to be
required.
THERE IS NO POSSIBLE WAY THAT APPLICANT CAN PROVIDE THIS AMOUNT OF
PARKING SPACES FOR THIS USE AT THIS:LOCATION!!!!
ISSUE V: ARMY CORPS OF ENGINEER. Mr. Handelmann of Love Realty for the
Applicant stated in a letter dated 9-10-90 that "permission for the docks has
been obtained from the Army Corps of Engineers. "
However, Staff report dated 1-28-01 states Applicant claims that no
permit is required.
I\have actual knowledge from my experience and my recent conference
with Army cqrps - every embarkation at a single point for a scheduled use
must obtain a submerged wet-land lease from the State of Florida for area
being used. Also, upon any objection, (and there will be objections, count
on it!!!!) a hearing will be held wherein all environmental issues will be
reviewed and safety factors studied. Each Agency, such as DNR, DER, Army
Corps, Fish and Game, Save the Manatee, will have the opportunity to study
the potential impact of this use. The Staff Report does an excellent job in
6
setting out these environmental fears on pages \...; in their Report.
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THE APPLICATION MUST BE REJECTED FOR THE ABOVE REASONS, IN ITS ENTIRETY.
A Community Facility argument can be made if the boat landing operation were
situated in the Park Area owned by the Town. A lease from the Town would
place the operation in the realm of a Governmental Sponsored Activity as
Lessor (Owner). This, then would qualify the project for a CF Zone.
THIS IS THE TYPE OF SITUATIO N CONTEMPLATED BY SAID CF ZONE.
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Respectfully submitted,
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Dominic A. DePonte
1."-\ JV\A~\}J( wAy I
"lJtL \<A'I \.StAC -n I FL. 3.> ~ 49" ~
'107-1-tr ~'3973
31? . li ~ - 0 ISO
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PLANNING AND ZONING BOARD ~1EMORANDU~1 ST^f~.' REPORT
J ~-L:<-.'-7 - b' & (;) -- /
MEETING OF:'- NOVEMBER 19, 1990 A'Ix{}~/
AGENDA ITEM: V.B. Boat Operations Docking in tr.8 cnD~
ITEM BEFORE THE BOARD:
There are two items before the Board. The first is that o(
making a determination o~ similarJtv.__g.K._use which i~.J
governed by Section 4.3.2(C)(2) - Puqe 4.3.1.
The second is determinln.g. park i~.l?5.~:i.r:.(,:1~0~=-~ fora US!;
t which is not Jisted. SOc:tiCl 4.6.9(C)(1)(d) "lppJle8 - PHj€
f 4.6.31. .
BACKGROUND:
These items are before the Board in respDnsc t.c a. r(?ques~ by
Digby Bridges for clarification and interpn~tClt.;Oi'. of the Cods ).;
it applies to a conunercial boat landinc;. Such a use is not
currently addressed in the Code. Please see his letter of
October 16th for a full' description of the propo.::;ed use. There
are several aspects to his letter and I have provided L' reply
(copy attached). The two items on this dgenda require action by
the Board in order for a formal application t.o be made.
ANALYSIS:
Determina tion of Simi lar i ty of Use: Becaus l~ the reques coel 'else Is
not i~.!=-.~.cal to other uses allowed in the CBD Zonc~ Distr lct and
because I believe it to be similar to other. allo\.,ed uses, the
request is placed before the Board for a rulIng pursuant t:o
Section 4.3.2(C)(2).
,\r- I feel that tho use i'~ similar to other use'J 511Ch LIS: rest.'Jurar.Ll'
(B)(3) and places of assembly for commercidl entertainment
purposes (D)(14). Further, ~ecaune of its unique nLlture it se0ms
L appropriate that it be allowed as a cond.i tIonul ,i..nstea:,j of, u .
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principal use.
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Establishinq Parking Require~nent".s: For uses not listed in thl:
list of parking requirements, such requirements shall be
established concurrent with site plan appnJvLll. Occause of the
unique nature of the proposed use and the .l.in! tt:d .1mOLln::' of
parking area which is availabl.c, it is apprc:,::L::'~t) t.o establish
the parking requirements at this tim8.
Mr. Bridges puts forth an argument baaed u~~rl one space per three
allowed passengers and then p~ovide that orly (0% of that numjer
be required due to the mixed use aspects of i1 CDD - and vii tl1 :.I'-I
'objective C'f being more flexible in order t.C ac::orn.!TIodat.e down:O\Tn
development and redevelopment.
. {-;fj (j~'~"
. Digby Bridges, Marsh & Associates, P.A.{;7h ~ ' ~k..vL~
.. .
124 N.E. 5TH AVENUE, DELRAY BEACH, FL 33483 (7 3((//1; () II..:J
407-278-1388
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6 March 1991 (17 ,
/ ,~, ~ 1
MARS ",' ..~ :'
1991
(' ..
Mr. Dave Harden vii Y MAr.'., '.
vl1litf(.'
City Manager ,) OFFlC[
City of Delray Beach
Delray Beach, Florida 33444
RE: Handelsman Commercial Boat Landing & Ticket Sales Office
Dear Dave:
Further to our telephone conversation, please place the above
project on the Town Commission Agenda for 26 March 1991.
Thank you for your attention to this matter.
Best regards,
Yours sincerely,
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
~.
Digby C. Bridges, A.I.A. , R.LB.A.
DCB/sl
cc: Mr. Bert Handelsman
Mr. Dane Mark
CllARTERED ARClfITt:C7S - PLAN.NERS .-iNTER/OR DES/GNE/{
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 16 ~ - MEETING OF APRIL 23, 1991
ORDINANCE NO. 41-91
DATE: April 17, 1991
This is a second reading of an Ordinance amending Chapter 52 "Water"
of the Code of Ordinances to provide for a decrease in the
guarantee-of-payment deposit for utilities. This ordinance removes
the requirement for payment of twice the amount of the current
guarantee-of-payment in order to restore utility service after
discontinuance for delinquency.
Recommend approval of Ordinance No. 41-91.
~ 6/0
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ORDINANCE NO. 41-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 52. "WATER", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SUBHEADING "BILLINGS", SECTION 52.52, "RESUMING SERVICE
AFTER DISCONTINUANCE FOR DELINQUENCY", TO PROVIDE FOR A
DECREASE IN THE GUARANTEE-OF-PAYMENT DEPOSIT; PROVIDING
A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
DF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 52.52, "Resuming Service After Discon-
tinuance for. Delinquency", of the Code of Ordinances of the City of Delray
Beach, Florida, is hereby amended to read as follows:
(A) In the event the water use charges against it become delin-
quent and said services are discontinued by the city as herein provided,
said services shall not be restored until all delinquent charges plus a
$10.00 penalty for late payment and shutoff and reconnect ion charges are
paid in full. If the present guarantee-of-payment deposit is less than the
current schedule as set forth in Section 52.33, an additional guarantee-of-
payment deposit shall be required so that the actual deposit held by the
city shall be equal to twlt,lt~,I.~~~jt/~f/t~,lt~tt,jtlt~.t.jt,,+~t+p.7~'nt
~t~,d~1,/.~/~,t//t~ttK/lj/lg'ttl~n/J2'33 the current guarantee-of-payment
schedule. However, the city shall not refuse to accept an application for
water service or to open a separate water service account because of an
outstanding delinquent bill on the subject property which was not incurred
by the applicant.
Section 2. That should any section or provision of this ordi-
nance or any portion thereof, any paragraph, sentence, or word be declared
by a Court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective immedi-
ately upon its 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 April 23, 1991
Second Reading
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ORD. NO. 41-91
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # '~6 - MEETING OF APRIL 23, 1991
ORDINANCE NO. 41-91
DATE: April 17, 1991
This is a first reading of an Ordinance amending Chapter 52 lIWater" of
the Code of Ordinances to provide for a decrease in the
guarantee-of-payment deposit for utilities. This ordinance removes
the requirement for twice the amount of the current
guarantee-of-payrnent in order to restore service after discontinuance
for delinquency.
Recommend approval of Ordinance No. 41-91 on first reading.
~d ()Ee~S~ ~~ PU on S/14/Q/
(Ju8/.ASI-I: ~ ~J /qq I
rno.'1
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ORDINANCE NO. 41-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH. FLORIDA. AMENDING TITLE V. "PUBLIC
WORKS". CHAPTER 52. "WATER". OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH. FLORIDA. BY AMENDING
SUBHEADING "BILLINGS". SECTION 52.52. "RESUMING SERVICE
AFTER DISCONTINUANCE FOR DELINQUENCY". TO PROVIDE FOR A
DECREASE IN THE GUARANTEE-OF-PAYMENT DEPOSIT; PROVIDING
A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
Section 1. That Section 52.52. "Resuming Service After Discon-
tinuance for Delinquency". of the Code of Ordinances of the City of Delray
Beach. Florida. is hereby amended to read as follows:
(A) In the event the water use charges against it become delin-
quent and said services are discontinued by the city as herein provided.
said services shall not be restored until all delinquent charges plus a
$10.00 penalty for late payment and shutoff and reconnection charges are
paid in full. If the present guarantee-of-payment deposit is less than the
current schedule as set forth in Section 52.33. an additional guarantee-of-
payment deposit shall be required so that the actual deposit held by the
city shall be equal to t.tieltKe/.mo.atlof/tKeli.tteatlg..t.atee+of+,.,.eat
siKe4.Ze/..I.etl/fottKltaIISeittoa/JlJ33 the current guarantee-of-payment
schedule. However. the city shall not refuse to accept an application for
water service or to open a separate water service account because of an
outstanding delinquent bill on the subject property which was not incurred
by the applicant.
Section 2. That should any section or provision of this ordi-
nance or any portion thereof. any paragraph. sentence. or word be declared
by a Court of competent jurisdiction to be invalid. such decision shall not
affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be. and the same are hereby repealed.
Section 4. That this ordinance shall become effective immedi-
ately upon 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:
I
City Clerk
First Reading
Second Reading
ORD. NO. 41-91
JUDGE IHVING B.YJ':::iDALL(Retlred)
~,: 2)05 NW 18th ;;:;t.Delray Beach,Fl.JJ445
. (407)276-1834
"PERCSIfl' ION IS r.:VHY'1'HINCft. That W1S one of the h08d13n~s in the
.
~ ~ f th P 1m Beach Post lest Wednesday And the
editorial sec~lon 0 e a
I title of my remarks tonight.
'~ this Comwission
On July Jl,1990,s6me nine or 10 months ago,
conducted Li 'i'Jorl'CshOp on the subject of charter amendm~nts.
~ legislation which would endorse Bnd approve
I proposefi ,
'd ''''''ued in 1981+ and 1985 by former City At-':urney
two rnemora~ a l~~
H€>rnert 'rhiele both of which cautioned city officers snj e!r:ployees
f I-prorriety ~nd stQted that it was
to avoid even ti}(l appeD.rance 0 .u, _ j) _, a .
tLat the tlppearance of impropriety be Ryo1.ded.
c 1 ty nol icy.
~ . t ....( nvert the tvlO inter-office melr,orpnda into
; i I usl,::e(1 YOt.. ,0 \,;)
! the law of t~ls city and you referred my proposed legislation for
o 8~~ stt1"~J' t~n(,~ rp,' iYJ':"'P nd at: ion to the City At~or~0Y.
~r~~
jjj ~O I ":a)".:t to ~'Iubllely com'"'pn': Deputy CIty Attorney .c;u0:.n
(.) ~
~ ~O Ruby who ld,'jS IJs'iened by City Atty..Jeff~'12Y "':-lrt" t r", ~ lEJ t'. r~ 1. f~ t.rlis
~ lee:1:::]i:tiv ...., 1'1_~~_~}C,:"~ 9.1. 0)1 l\.pr 11 12th s..,., 'l'."~.l'l d d ~-, 0 t'" h. C. h ()~: :~.~ or' you
a.nd ' " ., f /(~~ 5 e. f::t:/ "-1 , .
to ::-.YSf~.i~ it c(op~' OI H }tJr1l)IHL.,l resoJ:.;.t}('>Yj ~rL:_ch Ii.A:'j'1f~S
the term "(~cnfl1G+ of interest" and st~tes and : q'.lote:
lilt is tte declared policy of t~is City that its public cfflcers
and c 1 t.y e:Jp.~oyees shall avoid "ven thE' HPp!:ariJCe of a (>:.nfU c t
with thelr o1'1'1c181 duties."
Gentle~en: The people of this city are entitled to a
municipal government whOse offiCials posse:;;s integrity not only
in fact and in deed but in appearance. I'm sure none of you
nepd to be re~lnded that pUhlic perception of government on a
national,state,county and municip8l level h.'3S b<-:en r[lnidl.y
erorHngo I' m ~,llre I don't hAve to recIte Chapter ana v€>rse
,{\1c..
or nnmes of high officials who have left office or been
" A()rkit("~
booted from office because of public perce):'ition of their ~onduct.
"
You have it in your nower to enhance nubIle confidence
"":1
1
in government at every level by p~ssing without delay this
p':roe8.::,<1Lltt' bt~tln~ resolution which, while carrying no penal ties)
/}/nft~ (l.''flfT 'LAcE--
draws a line on the nubIle record as to the kind of sensitive
" "/
conduct citizens have a right to expect of their officials.
Let the City of DeIray Beach be the first in the State to
et-e II ;. 'fi;."
Faise- the stan('ards of ethical conduct for public officers and
employees.
Let the Cl t,y of Delray Eeach be tl,€ first in the nation to
pubItclY recognize the existence and presence of a powerful but
seldom tapped force for good government--...public perception.
Perception is indeed everythingt
Judge Irving B.Kendall(Rttired)
Remarks to Cl ty Commission
May 14,1991 on Tuesday evening-~~y 14,1991
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WEST ATLANTIC PROPERTY OWNERS' ASSOCIATION (W.A.P.O.A.)
P.O. BOX 604
DELRAY BEACH, FLORIDA 33444
Mayor Tom Lynch
city of Delray Beach
May 6, 1991
Dear Mayor Lynch,
This letter serves to clarify the position of the West Atlantic
Property Owners Association regarding the Geographic Area of
Exception (GAE).
As was clearly explained in an article written by Joe Newman of the
Palm Beach Post, The West Atlantic Area would again be excluded
from the current study, ostensibly until a separate study is done
later. A reason given for the exclusion was a June 1, 1991
deadline. That comment in itself is extremely disturbing and
insulting. We heard from a very reliable source that the traffic
consultant wanted to include W. Atlantic Ave. but City staff
thought the inclusion would be too expensive. It appears that the
City's lack of commitment is based on expediency and costs. Why
should we always be the ones that have to wait? We do not have the
confidence nor the trust in government to be assured that a study
will actually take place later. We know that the inclusion in the
G.A.E. is the only way we can be assured of any real progress.
Another concern of our citizens group is the quality differences
between East and West in the city sponsored improvement projects
in areas such as street lights and paver bricks. West Atlantic
Ave. is slated to have different, less expensive street lights.
To install less expensive street lights along West Atlantic Ave.
would be unacceptable. Moreover, this type of treatment in general
is unacceptable and has to end. We suggest working with business
owners to use the same paint etc. to unify the facades and assure
a more cohesive look. Enforce existing codes to ensure that all
properties are within legal standards. The fact is, we need more
than a few trees and sod to create a standard look consistent with
East Atlantic.
Your loan program, which is virtually inactive, will do nothing to
change the conditions of those that really need help. Our concern
is that the loan program will help property owners first while the
majority of the residents are renters. Again the rich get richer
and the poor get nothing. Maybe a new program can b~ developed
that will really help business owners such as an incubator program
on West Atlantic Ave. Maybe the City-of Delray can look to other
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WEST ATLANTIC PROPERTY OWNERS' ASSOCIATION (W.A.P.O.A.)
P.O. BOX 604
DELRAY BEACH. FLORIDA 33444
municipalities to identify programs which are achieving results.
The City of West Palm Beach CRA is even offering county government
a mi 11 ion dollars to develop office space in their blighted
Downtown. We need some creativity, not more talk of a magicians
museum, and a comic book museum. How many jobs will they create,
how will this ease the unemployment and blight?
The eRA has been a hopeless failure. Many of the plans discussed
by the Director are pipedreams, such as the plan to possibly
purchase the gasoline station and make it a restaurant or parking
lot. Let's take that money and create a comprehensive plan for the
redevelopment of West Atlantic Ave. Let's get people with ideas
involved, not your traditional do nothings. Let's work out the
details of a business mission. For once and for all let's stop
stalling and get to work. Your last real plan was to relocate
people; that did not work. Since then we've seen many signs
touting business development, but no progress. We believe the old
smoke and mirrors routine is going on once again. If the CRA can
not implement a plan immediately, maybe it 1S time to abolish it.
It's serving no real purpose anyway.
Sincerely
~;;;a;?~
West Atl ic pr rty
Owners Association
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Cbarlul DUll"l\l 'lri-County C'onaelJU)({L}.. .- ~~ flA..r6"L-
Chairman Commuter Rail Authority
Carol A. Roberta
Vice Chair A
Rick Cheller
Board Member
Allen C. Harger
Board Mlm II'
. Ed Kennedy
Board Mumber
Terrance ~Mul1ln
Board ember
Lori Na~ Parrl,h May 14, 1991
BOl MambaI'
David RUlh
Bow MombDr VIA FACSIMILE
Albert J. 'I\'tvaaoi
BoUd Member
GUbel't M, Robert Mr. David T. Harden
!lx.cullve Director city Manager
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, FL 33444
Re:, Delrav Beach station sita
Dear Mr. Harden:
At the Tri-County Commuter Rail Authority (TCRA) Board
of Direotors meetinq of May 10, 1991, the matter
reqardinq tuture Tr1-Rall servioe to Delray waa
dlfi1oufi1Ged. The TCRA Board of Directors reJllain eODU'lli tted
to the development or ruture servioe to the Delray
community, even in light of the recent servioe
termination at the existing train station.
It has come to the attent10n of the TCRA, that there
pot~ntially exists an opportunity tor a station .i~. a~
the P~lm Be~ch County South Annex complex. This site
pre..n~ly offers qood access from Conqress Avenue, with
adequate parkinq and lighting, ~s well as being directly
adjacent to the rail corridor. Reeogniziny this
alternative, the 'l'eM Soard ot Directors unan mously
approved ~he motion whereby the Authority would r.qu..~
permission trom the city of Delray Beach to use the Palm
Beaoh County South Annex site on a temporary basis, and
30t Sogth enter into discussions for such a site proposal.
Andrew. Avenue
S\ltte ZOO
Port Lauderdale
Florida 3830t
Customer Information
1-800-874-7245
Executive Offic..
(305) 728-8512
l'u (805) 7S3<o134!
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Mr. oavid T. Harden, city Manaqar
May 14, 1991
paq. Two
As previously gtated, the TCRA remains committed to re-oG~ablish1n9
service to this community. This site offers an excellent
opportunity, and I urge you to consider this important matter.
Sincerely,
(~ L::--
Qilbert M. Robert
Executive Director
G'MR/aaf
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