07-23-91 Regular
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - JULY 23, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, comments by the public, Commission discussion
and official action. City Commission meetings are business meetings
and as such, the Commission retains the right to limit discussion on
any issue. In most cases remarks by an individual will be limited to
three minutes or less (10 minutes for group presentations). The Mayor
or presiding officer may adjust the amount of time allocated at
his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you come up to
the podium to make your comments, kindly complete the sign-in sheet
if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
sL.l.nderous remarks or who becomes boisterous while addressing the
Commission shall be barred from speaking further to the Commission
by the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
.
Agenda
Meeting of 7/23/91
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Regular Meeting minutes of July 9, 1991 and Special
Meeting Minutes of July 16, 1991.
6. Proclamations:
A. National Night Out 1991 - August 6, 1991.
B. Water and Pollution Control Operator Week - August 19 through
23, 1991.
1. Presentations:
A. Julie Jackson, Executive Director State of Israel Bonds on the
benefit of investing pension funds in Israeli Bonds.
8. Consent Agenda: City Manager recommends approval.
A, CONTRACT LANGUAGE/INDEMNIFICATION CLAUSE: Approve standard
condition language which is to be included in all contracts for
construction services and general consulting.
B. EXPENDITURE OF FUNDS 1989 NOTE CONSTRUCTION FUND/ APPROPRIATION
OF FUNDS 1987 UTILITY TAX BOND: Approve the expenditure of
$1,661,616 from the 1989 Note Construction Fund to repay the Note
Debt Service; and, the appropriation of $10,000 from the 1987
Utility Tax Bond Issue to partially rewire the Community Center's
electrical system.
@ APPROVAL OF CREDIT CARD PROGRAM AGREEMENT: Approve an
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Agenda
Meeting of 7/23/91
agreement between the City and Consumer Payment Services, Inc. to
allovl cus tamers to pay various City fees via credit or debit cards.
D. AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY SCHOOL BOARD:
Approve a one year renewal of the agreement between the City and
Palm Beach School Board for vocational education programs. The
contract renewal period is from July 1,1991 to June 30, 1992; with
a per student charge of .36C per student hour with funding from
various departmental budgets.
E. REQUEST TO HOLD SPECIAL EVENT: Approve a request from Mount
Olive Missionary Baptist Church to hold a Community block party in
their parking lot on N.W. 4th Avenue on Friday, July 26, 1991.
F. RESOLUTION NO. 57-91: A Resolution abandoning a 16 foot alley
located between Lots I, 2, 11 and 12 of Block 110 for Bud's
Chicken.
G. FINAL PLAT APPROVAL: Approve the final plat for Bud's Chicken
and Seafood restaurant located on the south side of S.E. 1st
Street, between the S.E. 5th and 6th Avenues.
H. AWARD OF BIDS AND CONTRACTS:
l. Auto Parts- Vehicle t4aintenance- Various Vendors in an
estimated annual amount of $37,675 with funding from various
Departmental Line Numbers/Vehicle Repairs - Garage (Account No.
000-0000-000-33.34) .
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 July 9
through July 22, 1991.
B. RESOLUTION NO. 58-91/EXPANSION OF CHARGE - CHARTER REVIEW
COMMITTEE: Consider Resolution No. 58-91 which incorporates the
requests made by the Charter Review Committee with regard to
expanding their charge.
C. REQUEST TO HOLD FUND-RAISING EVENT: Consider a request from
Phi Beta Sigma to hold a fish fry and live radio broadcast, on
Friday, July 26, 1991, on a vacant lot located on 404 W, Atlantic
Avenue. City Manager recommends approval.
D. SELECTION OF ARCHITECTURAL CONSULTANT(S): Approve the ranking
of the top two architectural consulting firms and authorize staff
to negotiate contracts for architectural services for Environmental
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Agenda
Heeting of 7/23/91
Service/Water and Sewer projects. City Manager recommends
approval.
IE. RENEWAL OF REVISED CABANA AGREEMENT: Approve the three year
renewal, until October 10, 1994, of the agreement between the City
and Flamingo Cabanas, Inc. which provides for cabana services at
the beach. City Manager recommends approval.
IF. SPACE CRITERIA/FIRE STATION NO. 1 : Consider recommendations
made by the architect, Currie Schneider, with respect to allocation
of office space within the new Fire Station No. 1 facility.
JG. S.D. SPADY ELEMENTARY SCHOOL ACCESS IMPROVEMENTS: Review and
discuss design of S.D. Spady access road improvements (N.W. 10th
Avenue extension).
v" H. APPOINTMENT OF AN ALTERNATE MEMBER TO THE CIVIL SERVICE BOARD:
Appoint a member to the vacant. alternate position cn the Civil
Service Board.
-fr. APPOINTMENT OF THREE MEMBERS TO THE EDUCATION BOARD: Appoint
three members to fill the vacancies created by the expiration of
term of Thomas Fleming (business person), Beth Mulholland (parent)
and Lillie Parker (Crisis Committee).
J. APPROVAL OF CONTRACT AND APPROVAL OF SERVICE AUTHORIZATION NO.
L Approve the contract between the City and Heller-Weaver and
Cato, Inc. for surveying services in conjunction with the design
phase of the Alleyway Reconstruction Program and approve Service
Authorization No. 1 in an amount not to exceed $49,500 for
surveying services. Funding is available in the Decade of
Excellence Bond Issue (Account No. 225-3162-541-61.43) .
10. Public Hearings:
IA. COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSED 1991-92 STATEMENT OF
OBJECTIVES: Conduct public hearing on proposed expenditure of CDBG
funds for fiscal year 1991-92. City Manager recommends approval.
vlB. ORDINANCE NO. 27-91: An Ordinance rezoning the Smilack
property located on the north side of the C-15 Canal between
Federal Highway and the Intracoastal Waterway from Planned
Residential District (PRO) to Specialized Activities District
( SAD) . Planning and Zoning Board recommends approval.
v'l. REQUEST FOR SITE PLAN APPROVAL: Consider a request for
site plan approval for the operation of eight existing docks by
the Pelican Way Boatowners Association on the Smilack property
located on the north side of the C-15 Canal between Federal
Highway and the Intracoastal Waterway. Planning and Zoning
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Age:nda
Meeting of 7/23/91
Board recommends approval subject to conditions.
Ic. ORDINANCE NO. 49-91: An Ordinance amending the list of
conditional uses and structures allowed within the Community
Facilities (CF) zone district to provide for commercial activities
and businesses upon publicly owned lands as a conditional use.
City Manager and Planning and Zoning Board recommend approval.
II. REQUEST FOR CONDITIONAL USE APPROVAL: Consider a request
for conditional use approval to operate a cruise ship and
ticket sales at Veteran's Park. Planning and Zoning Board
recommends approval.
jD. ORDINANCE NO. 46-91: An Ordinance rezoning the Rubin property
located on the east side of A-I-A, north of Linton Boulevard from
Residential Medium Density ( RM) to Residential Low Density (RL) .
Planning and Zoning Board recommends approval.
~. ORDINANCE NO. 50-91: An Ordinance amending the Code of
Ordinances to establish a County Court Citation (Notice to Appear)
fine class schedule for nuisance abatement actions. City Manager
recommends approval.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
.J... City Manager's response to prior public comments and inquiries.
~. From the Public.
12. First Readings:
A. ORDINANCE NO. 51-91: An Ordinance amending the Land
Development Regulations and the Code of Ordinances to provide that
the owner, tenant, or occupant of each lot or parcel of land within
the City, upon which a building is constructed, and which abuts on
or is within 200 feet of any street or other public way containing
a sanitary sewer shall connect that building with the sanitary
sewer within 90 days after the sanitary sewer is available. City
Manager recommends approval. If passed public hearing August 13th.
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 - JULY 23, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM NO. 1
ITEM 9D ON THE REGULAR AGENDA IS AMENDED TO READ:
D. SELECTION OF ARCHITECTURAL CONSULTANT(S): Approve the ranking
of the top two architectural consulting firms and authorize staff
to negotiate contracts for architectural services to implement the
Comprehensive Plan, Decade of Excellence Bond Issue projects, and
Water and Sewer Revenue Bond projects. City Manager recommends
approval.
Julie Jackson (tiJ.,~,~,
Ex8ClJtive OirfICtor :
Samuel Chafetz
Executive Chairman
RobertSi~~ STATE OF ISRAEL BONDS
PMC Ch4Jrman
DEVELOPMENT CORPORATION FOR ISRAEL
f 'VE BOARD
;. " Abrams 2200 NORTH FEDERAL HIGHWAY, SUITE 203
Gary Bernstein BOCA RATON, FLORIDA 33431 407-368-9221 FAX 407-368-9338 ,
Edward Bobick jlA J: ~ t' J':. .'
Marianne Bobick J un~ 17 1 991 " , .
Ire~e Da~ker ' J U N 1 9 19 9 1
Elaine E1llsh
Barry Friedberg
Florence Friedberg C I ry MAk..,'" ~- F"~ (, c.-,
Maurice Friedman ) . .'
Mark W. Glickman
Alvin Greenfield
Gloria Greenfield
Evelyn Gross
Martin Grossman _
Joel Halpern
Sidney Kamino
Martin Karn _ 0
Harold Kay MJt. Vav-id C. Hakd~n, C-itlJ Manage.k
Don Klein C . t H ii
William Kanar .<. IJ a
Abnerlevine 100 N.W. 1-6t Ave.Yl.U~
Sylvia Malvin V~ikalJ B~ac.h, F L 33444
Dee Moore
Howard Pittmal" V M H d
Mildred Pittma~ ~ak k . ak ~n:
Benjamin Pres
Jay Raddock W~ic.om~ bac.k 6kOm IJOUk vac.at-ion. 1 hop~ -it wa.6 ~njOIJ-
~~mourRappa,. t abie.. 16 IJOU We.k~ awalJ 6kom Fi01t-ida, IJOU c.uta-in1..1J
Ulhan Rosenberg . d d ht d . .
Margit Rubnitz m.(..6-6~ auk koug -e.n .<.ng ka.<.n.6.
Rabbi Dr. louis l. Sacks
fl' 'rd ~hachman Th-i-6 ie.tt~k -6~kve.-6 a-6 a 60kmai k~qu~-6t to b~ put on th~
~ ~I'~E S' c.ounc.-ii ag~nda 60k Juhj 23, 1991. At that t.un~, 1 w-iii
Eu~;~e:.~~ir~g; b~ bk-ing-ing aion.g Mk. Saui. Fke.~dman 6kom auk nat-ionai
Phyllis Squires h~adquakt~k-6. P i~a-6~ i~t m~ know how maYl.lJ p~opi~ w-iii
Walter W~eit b~ att~nd-ing the. m~~Ung and at what t.une. we. au to
Nancy Welngard akk-iv~ .
CORPORATE BOARD
Ryna Mehr, Chairman
Arnold Berliner, M.D. Thank lJou 60k lJouJr. C.On.6-ide.kat-ion. 1 iook 60kwakd to
Charles Brier -6e.~-ing IJOU aga-in.
Craig Donof'
Monte Friedk,n .
Irving Gennet S.<.nc.e.k~i.y ,
Herbert Gimelstob // /J"
Jordan Ginsburg ;f:' ,/. ( /: I
Alan Hurst ' ---<-....... U::--(~'-- C/
Richard levy ,I. / J
Ned R. Nashban Jui..<.~ J Ck-6on. fAt. J J I _ -t. ~
Allan Porter I ~ p.rPfO~ ~
Martin Schwartz J J : hg cfk 1 Dl
Ralph Solomon
Elliot A. Weinberg Il d\ 1.6'\
NEW LEADERSHIP BOARD D . f\ l) I' A \ ,3 f
Arvin J. Jaffe, Chairman {..y' Ju-O
Jim Tisdale. Co-Chairman ~ 1P
Benita Appel
Cindy Braun
Steve Brown
Mitzi Donoff
Betsy Gardner
Carol Gart
S"-',," Ruben
=RED REPRESENTATIVES 2lQ
~"- __."Ue levy BUILDING
Mark I1Jben ISRAEL'S
_ Past Executive Chairman ECONOMY
o Deceased YEARS 7 A
$10 BIWON
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
1
FRGrJ!: CITY MANAGER '-/'Jr.. I
SUBJECT: AGENDA ITEM # ~~ - MEETING OF JULY 23, 1991
CONTRACT LANGUAGE/INDEMNIFICATION CLAUSE ISSUE
DATE: July 18, 1991
Attached as backup material for this item is a proposed Standard
Construction contract. This is the "boiler plate" for all
construction services contracts.
Additionally, as previously discussed with the Commission, the
Consulting Contract indemnification which includes the duty to defend
and pay attorney's fees at trial and appellate levels has been claimed
by some consultants and their insurers to be uninsurable. The City
Attorney's office feels that the defend and attorney's fees provisions
are the "heart" of the indemnification provision; and, therefore
should remain in the contracts.
Recommend approval of the proposed Standard Construction Documents and
consideration of the indemnification clause issue.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~
SUBJECT: AGENDA ITEM # <g . - MEETING OF JULY 23, 1991
EXPENDITURE 1989 NOTE CONSTRUCTION FUND/APPROPRIATION 1987
BOND ISSUE
DATE: July 18, 1991
This item is before you to formally approve the expenditure of
$1,661,616 from the 1989 Note Construction Fund to repay the Note Debt
servicej and the appropriation of $10,000 from the 1987 Utility Tax
Bond Issue for the purpose of partially rewiring the Community
Center's electrical system. These expenditures were previously
discussed at your July 16th workshop meeting. Since July 16th, the
Building Official has had the Community Center's electrical system
inspected again. As you can see, the cost of required repairs is well
below the $50,000 originally forecasted.
Recommend approval of expenditure of $1,661,616 from the 1989 Note
Construction Fund to repay the Note Debt servicej and the
appropriation of $10,000 from the 1987 Utility Tax Bond Issue for the
purpose of partially rewiring the Community Center's electrical
system.
. .
Agenda Item No. :
AGERDA REQOEST
Date:
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 07-23-91
Description of agenda item (who, what, where, how much):
(PER GITY COMMISSION DISCUSSION AT THEIR 07-16-91 WORKSHOP): Ap roval to:
1 Commit 1, 1,616 from the 19 9 Note Construct1on un to repay t e
2) Commit $50,000 from the 1987 Utility Tax Bond Issue for the purpose
Community Center's electrical system to rectify code violations.
ORDIHABCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval is recommended by the Finance Director and City Manager.
Department Head Signature:
Deteraination of Consistency
City Attorney Review/ Recommendation (if applicable):
N/A
Budget Director Review (required on all ite.s involving expenditure
of funds): j.I....,q~;tc.,
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: (9/ NO f~1]
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
~ . ,
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CITY OF DELRAY BEACH
SCHEDULE OF AVAILABLE FUNDING SOURCES
JUL Y 15, 1991
1. 1967 UT 1 LI TV TAX BOND FUND
*t.**t*t.tt+~*tttf*ttf***t*****f.*******
PROJECT DESCRIGT10N BUDGET EXPENDED ENCUMBERED AVAILABLE
-------------------------- ------------ ------------ ------------ ------------
-------------------------- ------------ ------------ ------------ ------------
DRAINAGE IMPROVEMENTS
------------------------------
RAINBOW HOMES 147,388 122,377 0 25,011
BEAUTIFICATION PROJECTS
------------------------------
FEDERAL HWY. (LINTON TO N,ENDl 291,b94 149,750 1,534 140,410
S.W.I0TH (FEDERAL TO CONGRESS) 47,959 0 0 47,959
N.ATLANTIC (195 TO MILITARY TR.) 232,200 25,093 0 207,107
DIXIE HWY. {C15 TO S.W.I0TH) 54,060 0 0 54,ObO
"ILITARY TR. (LAKE IDA TO SWINTON) 147,715. 0 0 147,715 I
GREENWAY PLAN (Ii/.ATLANTIC) 110,000 90,387 3,927 15,686
OTHER PROJECTS
------------------------------
CRA LAND PURCHASE 1,200,000 654,191 0 545,809
INTEREST NOT COMMITTED
------------------------------
INTEREST EARNINGS NOT COII"ITTED 96,184 0 0 96,184
------------ ------------ ------------ ------------
2,327,200 1,041,798 5,461 1,279,941
------------ ----------- ----------- ------------
-------.----- ------------ ------------ ------------
II. 1989 NOTE CONSTRUCTION FUND
.........'.fff.ff..f.................f.
PROJECT DESCRIPTION BUDGET EXPENDED ENCUII8ERED AYAILABLE
-------------------------- ------------ .----------- ------------ -----------.
-------------------------- -----------. .----------- -.---------- ------------
ATLANTIC AVE. PHASE II 830,000 733,200 0 96,800
TENNIS FACILITIES (LAVERS) 1,029,000 34,917 r, 994,083 I
v
INTEREST EARNINGS NOT COIIIIITTED 570,733 0 0 570,733
------------ ------------ ------------ ---.-------.
2,429,733 768,117 0 1,661,616
------------ ===========: ------------ -----------
...----------. ------------ ------------
HHHU....
TOTAL FUNDS AYAILABLE 2,941. 557
I
u....u..n
. ,
#
.
OTHER POTENTIAL PROJECTS RECOItKENDA TI ON
=====================~=======~ ------------------------------------
------------------------------------
REPAY"ENT OF NOTE DEBT SERVICE $1,661,616 $1,661,616
PINEAPPLE GROVE NAY (N.E.2ND AVE.) 95,000 95,000
GULFSTREAH BOULEVARD 45,000 45,000
CITY HALL STORM SHUTTERS 205,700 205,700
HILLER PARK IMPROVEMENTS 246,741 246,741
CURRIE COMMONS PARK 181,500 181,500
VETERANS PARK 214 \ 000 214~OOO
CEMETERY ENTRANCE ROAD 127,000 127,000
ENVIRONMENTAL PRESERVE (HASTER PLAN & ENGINEERING) 15,000 15,000
BEACH HEADQUARTERS/RESTROO"S (ENGINEERING) 20,000 20,000
FIRE STATION NO. 5 (ARCHITECTURAL/ENGINEERING) 80,000 BO,OOO
COMMUNITY CENTER ELECTRICAL (CODE VIOLATIONS) 50,000 50,000
----_.------ HHHHHH
2,941,557 TOTAL RECOM"ENDATIONS 2,941,557
HHfHHHf
ff.fff'fff.fffffffffffl.tffffftffftffflffflftfffffffffIffflfffffffffffffffffffff..t..fffffffff.f
1989 NOTE DEBT SCHEDULE (BEFORE RECO""ENDED PAVKENT OF $1,661,616)
FISCAL YEAR JUNE 1 DEC 1 JUN 1 TOTAL
ENDING 9/30 PRINCIPAL INTEREST INTEREST DEBT
----------- .---.------- ----------- ------------ ------------
1992 0 95,529 95,528 191,057
1993 0 95,529 95,528 191,057
1994 2,681,500 95,529 95,528 2,872,557
----------- ------------ ----------- ------------
TOTAL DEBT 2,681,500 286,587 286,584 3,254,671
.---.-------
----------
I....f.....ffl.........f.ffffff.f...ff.f..f.fff....f...ff.f.ffffffff.fffffffffffffffffffffffffft
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MEMORANDUM
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TO: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
FROM: JEROME SANZONE, CHIEF BUILDING OFFICIA~~
SUBJECT: ELECTRICAL INSPECTION OF CITY OF DEL~ BEACH COMMUNITY
CENTER
DATE: JULY 17, 1991
The problems observed during the electrical inspection of the
Communi ty Center seem to be a resul t of a lack of maintenance and
work completed without a permit which took place quite awhile
ago. However, the correction needed should not be of a great
expense.
The following is a list of problems encountered during the
inspection performed by the Electrical Inspector, Bill McDermott
and the Deputy Building Official, Rosendo Rodriguez:
1. Open trough and junction boxes in AIC room.
Holes in walls and ceiling.
2. Exit lights not working.
One bulb not working on emergency light.
3. No filter on exhaust fan.
4. Extension cord for microwave.
5. Broken receptacles in gym.
Covers and lights out.
6. Exit signs missing in gym.
7. Cover on heater missing.
8. Shower lights Seal-tite required.
9. Stage boxes and equipment in bad shape.
10. Exit door at stage did not open.
11. Heater at stage should be permanently wired both sides.
12. Emergency lights - none in gym.
13. Undergrounded fixtures, no covers in Banyan and Orchid
Rooms.
14. wiring in romex off of junction boxes in both rooms.
15. Unsupported conduit.
16. Office after school open junction boxes and romex.
JS/dc
Disk:JS#4
B:Comm.Ctr
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROf.1: CITY MANAGER f'7'i1
SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF JULY 23, 1991
APPROVAL OF CREDIT CARD PROGRAM CONTRACT
DATE: July 18, 1991
At your July 16th workshop meeting the Commission by consensus agreed
to participate in the Florida Innovation Group's credit card program
for the two year trial period. After which, the program will be
reevaluated.
This item is before you to formally approve the agreement for
Electronic Point of Sale Services with Consumer Payment Services
(CPS), Inc. The agreement provides that CPS will provide the City
with all of the machines and training necessary to implement the
system. The system would enable individuals to pay various City
charged fees via credit or debit cards. The City would not have to
expend any money in implementing this service; however, individual
customers using these services would be charged a fee.
Recommend approval of the agreement between the City and Consumer
Payment Services, Inc. for participation in the Florida Innovation
Group's credit card program for a two year trial period.
M E M 0 RAN DUM
TO: Jeffrey S. Kurtz
City Attorney .
FROM: David T. Harden t/~1
City Manager
SUBJECT: Florida Innovation Group (F.I.G.)--Credit Card Program
DATE: June 28, 1991
I am very interested in having the City participate in the Florida
Innovation Group's Credit Card Program and am forwarding the "Agreement for
Electronic Point of Sale Services" to you for review and approval as to
form.
Please be aware that we have committed to returning this completed, signed
Agreement to the Florida Innovation Group by August 15. 1991 and.
therefore, I would request that priority be placed on the review of this
Agreement.
If you have any questions or comments concerning this Program or the
Agreement, please direct them to Jan Williams, Utility Billing Manager,
(Extension 7119) who will be the contact/coordinator of this Program.
DMH/ sam
Attachment
cc: Joseph M. saf~Director of Finance
Jan Williams. U lity Billing Manager
~
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THE INNOVATION GROUPS
Credit Card Program
Response Form
.
X Yes, we intend to participate in the credit card program and to return the agreement by:
July 15. X August 15.
We continue to be interested in the program but do not intend to return the agreement by
the July 15 or August 15 deadlines.
No interest, remove my name from the list of interested local government officials.
Name: Jan Williams
Title & Jurisdiction: Utility Billing Manager
Address: 100 N.W. First Avenue City State, Zip: Delray Beach, ,FL 33444
Fax: (407) 243-3774 Telephone: (407) 243-7119
Comments:
-
Please return to: The Innovation Groups, P.O. Box 16645, Tampa, FL 33687
Fax: 813/664-0051
Thank you!
FLORIDA (j) If\NOV-\TION GROUP
June 10, 1991
Ms. Becky s. O'Connor
Treasurer
City of Delray Beach
100 NW 1st Avenue ~
De1ray Beach, FL 33444
Dear Ms. O'Connor:
Enclosed is the final agreement for your consideration and execution for
participation in the Florida Innovation Group's credit card program. For
the past nine months FIG has been working with Consumer Payment Services
to develop a program by which cities and counties can accept VISA and
Master Card for the payment of fees, taxes, fines, etc. The enclosed
agreement is the result of ten regional meetings with local government
representatives in eight states and comments by city and county
attorneys. This final document reflects the comments provided by these
local governments. The team of Consumer Payment Services, Ameritrust
Bank, and the Innovation Groups, guided by counties and cities, have
developed a credit card program that meets the requirements of VISA and
Mastercard and state and local mandates that require the passing on of
the bank fee to the card holder.
At this time 420 local government officials from over 300 cities and
~ounties are seriously considering participation in this two year
~aluation program. As a reminder and, as the agreement states, the
hardware for each credit card station, software, training ,for your
employees, and supplies for the equipment are free to your jurisdiction.
In addition each participant will receive some revenue return from the
Innovation Group based upon the amount of usage in your jurisdiction.
since the number of interested cities and counties is large, it is
necessary to identify an action schedule for the signing of the agreement
and implementation of the program. Jurisdictions that execute and return
the agreement by Ju1y 15, 1991 will bave the prograa impltDlSllted in their
city/county between July 15 and Sept~lIher 15, 1991. cities and counties
that execute after July 15 but before August 15 will be installed between
September 15, 1991 and January 1, 1992. We cannot estimate installation
dates as of this time for agreements received after August 15.
A response form is enclosed on which you can indicate your intentions for
this program. Your response is not binding but it will help us to begin
to develop a schedule jurisdiction by jurisdiction for implementations
beginning in July. Please mail or fax it to us as soon as possible.
Your guidance and patience during the development of this program is
appreciated. If you have any questions about the agreement or any other
aspect of this program please call or write. Thank you for your support.
StJl!4/~ 6604 Hornev ROOd. Suite L
J. Robert Havlick PO eox 1664~
Tampo. FrOl'ido 33687~5
813-622'8484 Fox 813'644-0051
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~EMORANDUM
DATE: June 25, 1991
TO: Jeff Kurtz. City Attorney
FROM: David Tolces, Assistant City Attorney
SUBJECT: Florida Innovation Group Credit Card Program
Per your request, I reviewed' the proposed agreement for
electric point of sale services which would be entered between
the City and Consumer Payment Services, Inc. The agreement is
fairly straight forward in that CPS would provide the City with
all the machines and training necessary to implement the
system. The system would enable individuals to pay various
City charged fees via credit cards, such as a Visa or
Mastercard, or via their debit cards, such as a Pulse or an
Honor Card. The City would not have to expend any money in
implementing this service. In return for providing this
service, CPS would be paid a fee, which would reflect the
monetary size of the transaction. For example, if someone came
into City Hall to pay their water bill on their credit card and
the wats~_bill was for $52, we would charge them $1.95 account
fee. This' money would be forwarded to CPS. The fees range
from $1.35 for a $10 transaction to $20 fee for any transaction
over $1,000.
Upon looking through the agreement, there are not many things
that I believe need to be changed. My only suggestions for
amending this agreement,in line with Joe Safford's comments,
would be that we try to limit the program to possibly 12 months
as opposed to 24 months. The agreement provides at this time
for a 24-month time period during which time the City may give
60 days notice if it wishes to opt out of the program at the
end of the 24 months. Joe Safford would like us to be able to
opt out of the program sooner than 24 months. Therefore, I
propose that we go for a 12 month trial progr&ID aDd at that
time we can then renew for another 2 year.. The term require-
ment is contained in Article 6 of the agreement.
The other amendments regard insurance. In Section 7.01, the
term "City" should be inserted so that the section reads, "CPS
hereby agrees that all times to defend, indemnify and hold the
City harmless from and against...", and in Section 7.02,
"Insurance", the amounts of insurance should comply with the
City's requirements of $100,000/$300,000, although due to the
nature of the agreement, this may not be necessary.
Jeff Kurtz
June 25, 1991
Page 2
purthermore the City should be named as an additional insured
on CPS's insurance certificates.
Joe Safford raises the question of whether or not there have to
be any ordinance changes in order to implement this system.
Other than possibly amending the ordinance to provide for the
service charges which CPS would be collecting, I don't think we
would need to amend any portion of the code to allow for
payment via credit card.
If there is any other aspect of this proposal I should look at,
please let me know.
DNT:sh
--- --
AGREEMENT
FOR
ELECTRONIC POINT OF SALE SERVICES
THIS AGREEMENT FOR ELECTRONIC POINT OF SALE SERVICES is made
on the date stated below by and between
(the Client) situated in
County, , and Consumer Payment Services, I nc. , a
Florida corporation ("CPS"). The initial addresses of the parties
which either party may change by giving notice of its changed
address to the other party are as follows:
"Client" "Contractor"
Consumer Payment Serv ices, Inc.
600 Lakeview Road, Suite A
Clearwater, Florida 34616
WITNESSETH:
WHEREAS, the Client wishes to evaluate the performance of
electronic point of sale services in conjunction with the
Innovation Group as outlined in Appendix "A", Innovation Groups-
Evaluation Program for Electronic Point of Sale Services: and
WHEREAS, CPS represents that it is experienced in the business
of operating and maintaining electronic point of sale systems: and
WHEREAS , CPS operates a comprehensive consumer bill-payment
service known as "The Consumer Payment Alternative," or "CPA
Account," and
WHEREAS, through the use of the CPA account, CPS will process
the Client's customers' authorization for payments from their
designated credit card and demand deposit accounts and pay the
Client directly: and
WHEREAS, CPS has executed a Bankcard Services Agreement,
Appendix "C", with Ameritrust which designates CPS to be a merchant
qualified to accept credit cards bearing the logo and other
proprietary marks of Visa and MasterCard: and
WHEREAS, CPS, as the designated merchant, and not the Client,
will accept credit card payments: and
06/06/91
.
WHEREAS, CPS desires to provide such services in exchange for
the CPA Account Fees hereinafter specified.
NOW, THEREFORE, in consideration of the premises and of the
mutual promises and covenants herein, the Client and CPS agree as
follows:
ARTICLE I
section 1.01. The above premises are true and correct and
incorporated herein.
section 1. 02. Definitions.
As used in this Agreement, the following terms shall have the
meanings set forth below:
"Ameritrust" is Ameritrust Company N.A., the lead for the
regional multi-bank holding company headquartered in Cleveland,
Ohio. At the end of 1989, Ameritrust's assets exceeded $11
billion. Ameritrust offers a full range of commercial banking
services to individuals and businesses through a delivery network
of 226 banking offices in Ohio, Michigan, Indiana and Texas.
Ameritrust is CPS' merchant financial institution.
"Basic Services" is defined in Section 2.02.
"Client" is defined in the preamble of the Agreement and
includes its successors and assigns.
"CPS" is defined in the preamble of this Agreement and
includes its successors and assigns.
"CPA Account" is defined in the preamble of this Agreement.
"Credit card(s)" means cards of the Visa System which conform
to the standards established by Visa, U.S.A., or Visa International
Service Association, which cards bear the Visa logo; and
MasterCard, MasterCard I and Master Charge Cards and other cards of
the MasterCard International card system.
"Department" means any department of the Client.
"Instrument" means a personal or commercial check or draft
drawn on a United States financial institution.
"Qualified Card" means a credit card or any other card
accepted by the system and agreed upon by the Client and CPS.
"Special Services" is defined in Section 2.03.
2 06/06/91
.
"System" means po int of sa le serv ices for author i zing and
processing electronic funds transfer credit transactions initiated
by use of Qualified Cards.
"Terminal" and/or "printer" refers to a manned point of sale
electronic funds transfer device which does not dispense cash and
which is connected to the system to effectuate transactions
initiated with a Qualified Card. As of the commencement date of
this Agreement, each terminal shall be a verifone Tranz 330
terminal with a Verifone Printer 250. In the event a newer, more
efficient authorization terminal model is made available to the
Client and installed in any department of the client, "Terminal",
as defined herein, shall also include such newer, more efficient
model(s) of authorization terminals.
"Transaction" or "Qualified Card Transaction" means the
payment for goods or services sold by the Client or the payment of
taxes, licenses, tuition or fees to CPS made by the use of any
Qualified Card beginning with the initiation of a request message
at a Terminal and ending with the completion of the response
message to that Terminal. Transaction, as used herein, shall also
include manually imprinted transactions made in reliance on oral or
written authorization when electronic authorizations are not
available.
ARTICLE II
SCOPE OF SERVICES
2.01 Services in General.
CPS agrees to provide an efficient system, which shall include
the following:
(1) a Terminal which shall work in conjunction with a
computer switch and data network to prov ide routing,
authorization, accounting, settlement, and reporting for
Qualified Card Transactions. All data network access
charges shall be paid by CPS:
(2) electronic fund transfers for Qualified Cards from the
cardholders' account to the CPS clearing account and then
from the CPS clearing account to the Client's designated
settlement bank account:
(3) electronic authorization for all Qualified Cards:
(4) downl ine loading of the Terminals from the central
computer unless the terminal is already down loaded:
(5) electronic authorization, automatic receipting, draft
capture, and automatic settlement to the Client's
3 06/06/91
-
designated settlement account (for an example only of a
typical transaction sequence, see Exhibit 1, Transaction
Prompting Sequence) ;
( 6 ) terminal response time shall not exceed 30 seconds (from
the time the message is sent from the Terminal until a
receipt is issued); and
(7 ) a switch processor that offers;
(a) phone response to operator inquiries about system
problems seven (7) days a week, twenty-four (24)
hours a day:
(b) continuous power supply back-up capability on the
main switch:
(c) tandem or equivalent type computer processor back-
up capability: and
(d) twenty-four (24) hour, seven day a week
communication network and computer processor
availability.
CPS shall coordinate its performance of the services hereunder
with the persons as the Client may specify. CPS shall make
periodic verbal or written reports and recommendations to the
Client with respect to conditions, transactions, situations or
circumstances encountered by CPS relating to the services to be
performed under this Agreement and attend meetings determined to be
necessary by the Client. CPS shall, upon request, also provide the
Client with copies of written materials prepared by CPS or made
available to it as a result of its performance under this
Agreement.
2.02 Basic services.
(a) Installation
CPS shall install one or more Terminals and Printers at each
of the Client's departments requesting the service. In addition,
CPS shall supply sufficient back-up Terminals to be used as
temporary or replacement Terainals in the event that one or more of
the installed Terminals malfunctions and cannot be repaired within
the prescribed time limit.
CPS agrees to remove terminals and/or printers upon a request
from the Client and reinstall the terminal later or at another
location if so requested by the Client at no cost to the Client
except for normal telephone line costs agreed to be paid for by the
Client.
4 06/06/91
.
(b) Operation
(1) Terminal Suppl ies
CPS shall provide all the terminal supplies necessary to
process Qualified Cards through the system. Such supplies
shall include, but not be limited to, the following:
(a) Credit card sales vouchers:
(b) Credit card credit vouchers:
(c) Printer ribbon:
(d) Qualified Card decals for all cashier areas;
(e) Current CPA account service fee schedule;
(f) suitable manual imprinters. CPS shall provide
appropriate procedures for the use of manual
imprinters in the event the system is
inoperable;
(g) Transaction slips; and
(h) Warning Notices and/or Card Recovery Bulletins.
(2) Traininq. orientation and Documentation.
CPS shall conduct training sessions at the various Client
departments for all personnel necessary to illustrate the
operation of the system. At the initial training session, CPS
shall distribute to the Client's cashiers an Operating Guide
developed by CPS. As needed, CPS shall provide additional
training for all appropriate personnel.
(3) Qualified Card Fund Settlement.
CPS shall assign a customer service representative to
assist the Client in resolving day to day operational issues
presented by the Client's cashiers. During business hours the
customer service representative shall provide end of day
balancing, deposit reconciliation and reporting assistance.
CPS shall notify the Client in writing of the name and toll
free telephone number of the customer service representative
prior to the completion of the installation of the Terminals.
In the event the name and/or toll free telephone number of the
customer service representative is changed during the term of
this Agreement, CPS shall provide immediate verbal notice to
the Client followed by written notice within 10 days of the
verbal notice to confirm the change in name and/or toll free
telephone number.
Ameritrust shall electronically credit to the account
designated by the Client the net amount of all transactions
(amount of payment received by CPS minus CPA account fee).
Alneritrust shall electronically credit the net receipts amount
due for Qualified Card Transactions in accordance with the
5 06/06/91
following schedule unless changed by the mutual agreement of
the Client, CPS and Ameritrust.
Funds Deposited
Business Day into Client's Account
Monday Wednesday
Tuesday Thursday
Wednesday Friday
Thursday Monday
Friday Tuesday
Saturday Wednesday
Sunday Wednesday
At the Client's option, a demand deposit clearing account
may be established at Ameritrust. Funds electronically
deposited to the clearing account by Ameritrust on the
schedule outlined above may then be transferred by writing a
check for the total amount of bankcard transactions processed
during the day and making a deposit of that check to the
Client's local bank account.
Ameritrust shall not be required to process any
transactions in connection with which:
a. The Qualified Card used had expired or prior
notice of its revocation or invalidity was given the
Client:
b. There has been any gross negligence, fraud or
dishonesty on the part of any employee of the Client:
c. Any required authorization, obligation, time
period, procedure or agreement hereof has not been
obtained, fulfilled or observed by the Client: and
d. there is any dispute or defense between the
Client and cardholder whether or not valid.
Ameritrust shall be financially responsible to the Client
for the net amount of all transactions until such amount is
deposited into the Client's account. (Ameritrust is a
federally chartered FDIC insured commercial bank and a
principal member of the Visa and MasterCard Networks. As
such, Ameritrust must and does comply with all Visa and
MasterCard regulations. These regulations provide that
Ameritrust is financially responsible for all transactions
from the time of initiation until properly credited to the
Client's designated account.)
6 06/06/91
(c) Maintenance and Upqradinq of System.
( 1 ) Maintenance
CPS shall be solely responsible for maintaining the
system. CPS understands and agrees that the system's down
time shall not exceed 2% ln any glven month. CPS shall
provide maintenance for the Terminals seven (7) days per week,
twenty four (24) hours per day.
CPS shall maintain the Terminals in good working order.
In the event that a malfunction occurs, the Cl lent shall
notify CPS by calling the Customer Service Center whose toll
free telephone number is identified on the Terminal and in the
Operating Guide provided pursuant to this Agreement. CPS shall
respond within 1 hour of notification. CPS shall determine
the nature and extent of the problems and shall either ( 1)
repair the Terminal or replace the defective component if such
repair/replacement can be effected within twenty-four (24)
hours, or (2) replace the Terminal with a back up Terminal if
the repair or the replacement cannot be effected within a
twenty four (24) hour period. CPS shall comply with the
specific procedures for maintenance outlined in the Operating
Guide.
(2) Upgrading the System.
In the event that a newer, more efficient authorization
terminal model becomes available, CPS, at its sole discretion
and expense, shall remove the existing Terminals and replace
them with the newer, more efficient authorization terminal
model.
2.03 s~eci.l Services.
CPS shall perform the Special Services specified below within
a reasonable time after the Client determines them necessary or
advisable:
(1) Install additional Terminals (the back up Terminals shall
not be considered additional Terminals for purposes of
this Section) ;
(2) Provide electronic authorization for additional system
compatible Qualified Cards;
(3) Provide electronic authorization for Instruments; and
(4) Provide decals and advertising materials necessary to
properly advertise the existence of additional Terminals.
7 06/06/91
.
2.04 Eaual Opportunity Employer.
CPS shall comply with any applicable equal employment statutes
and regulations.
2.05 Public Records Law.
CPS shall comply with any applicable laws governlng the
confidentiality and accessibility to the public of any documents,
or portions thereof, generated under this Agreement.
ARTICLE III
TIME OF PERFORMANCE
3.01 Installation of Terminals.
CPS shall install all necessary Terminals at the designated
locations within thirty ( 30) days of execution of this agreement.
ARTICLE IV
DUTIES OF THE CLIENT
4.01 Environmental Reauirement.
Client agrees to provide access to electrical power and work
area and access to a non-proprietary telephone line. Terminals
will be programmed by CPS for network access with either a local
telephone number or a toll-free (800) number.
4.02 System operation.
(a) The Client will transact Qualified Card payments made by
the Client's customers to CPS for the payment of taxes, licenses,
tuition and other fees the Client charges and for which it wishes
to accept payments through CPS. The Client agrees to use the
forms, supplies and equipment furnished by CPS for all
transactions. The Client agrees to prominently display the CPS
Service Fee schedule and Bankcard signage provided by CPS. During
the term and any subsequent renewals of this Agreement, the Client
agrees not to enter into an agreement with any other financial
institution, credit card service provider, credit card company or
other company to provide services for electronic point of sale
services or the operation of a credit card program that involves
charging a service fee to the customer. The Cl ient understands
that CPS may amend the Operating Guide from time to time. The
Client shall utilize the Terminals to authorize all transactions
initiated with a Qualified Card when the system is operable. The
Client shall prepare a sales draft or transaction record for every
sale utilizing the system. The Client agrees to use its best
efforts to ensure that each transaction is not subject to any
8 06/06/91
.
.
disputes, setoffs, or counterclaims, that each statement in all
transaction records or sale drafts are true and that the Client has
no knowledge which would impair the validity of each transaction.
Each sales draft and/or transaction record (as an example only, see
Exhibit 1) shall be fully completed and must include:
(1) the cardholder's account number;
(2) the signature of the cardholder or authorized user:
( 3 ) the date of the transaction;
(4) the Client's name, location and identification
number;
(5) the total amount of the transaction (including
applicable amount due the Client and the CPA
account fee);
(6) an adequate description of the taxes, licenses,
tuition or fees being paid for; and
(7) all disclosures, if any, required by law.
(8) at the Client's option, each sales draft
and/or transaction record may include:
(1) Operator's ID number; or
(2) Folio/case/customer/department number.
The Client shall deliver a completed copy of the sales draft
to the cardholder or authorized user at the time each transaction
is consummated. All sales drafts prepared by the Client shall
represent obligations of the cardholder in the amount set forth
therein. All sales drafts prepared by the Cl ient for Qualified
Card Transactions shall not involve any cash advance or element of
credit for any other purpose. The Client shall forward copies of
all sales drafts to CPS which will maintain copies of the sales
drafts for a period of two (2) years from and after the date of the
transaction. The Client will retain their copy of the sales draft
for as long as required by applicable law. The Client will make no
cash refunds to cardholders on Qualified Card Transactions.
(b) The Client, if making a credit card transaction without
presence of the actual credit card, in addition to using its best
efforts to comply with paragraph 4.02(a), will:
(1 ) Obtain cardholder's name and account
number from Cardholder;
(2) Enter the transaction using the key
option on the electronic terminal;
9 06/06/91
-
(3) When authorization is given, legibly
write cardholder's name and account
number and legibly imprint the embossed
legend from the Client plate on the sales
slip and complete it as provided herein:
and
(4) Have the sales draft signed and furnish a
copy thereof to the Cardholder.
(c) The Client, if making a credit card sale to a cardholder
by mail or telephone, will follow the procedures provided in
subparagraph (b) above, except that the Client will sign the
cardholder's name in the space prov ided for the cardholder's
signature on the sales slip and note that the order was placed by
telephone or mail. The Cl ient also will make any disclosures
required by law and shall disclose the applicable CPA account fee.
(d) Credit card sales to cardholders by mail, telephone, or
without presence of the actual card as provided in Subparagraphs
(b) and (c) above are at the Client's option. In making them, the
Client shall be deemed to warrant that the purchaser is the person
whose name appears as the cardholder on the sales slip, or sales
application slip, and that, the name, account number and expiration
date appearing on the sales slip are the same as those embossed on
such credit card.
(e) Except for credit card sales made by mail, telephone or
without presence of actual card, the Client has no liability to CPS
in connection with sales drafts because of forgery, use of a
counterfeit card, or cardholder charge backs, if the Client has
exercised due care and diligence in complying with the terms of
this Agreement. The Client and CPS agree not to disclose to third
parties other than the Client's or CPS' agents for the purpose of
assisting the Client or CPS in completing the transaction or as
specifically required by law a cardholder's account information and
account numbers.
(f) In the event that it is necessary to issue a credit to a
customer's credit card account, the terminals will provide the
capability of performing a credit transaction for the primary
amount of the transaction only. Previously assessed CPS fees will
not be refunded. No CPS service fee will be charged for the
issuing of a credit.
4.03 Svstea InoDerable.
When the system is inoperable the Client shall follow the
manual back up instructions for credit card transactions set forth
in the Operating Guide. Before making a credit card transaction,
the Client shall obtain specific authorization from CPS for such
transaction via telephone and the authorization approval code shall
10 06/06/91
be recorded on the transaction record. The Client shall confirm
that the credit card in question 1S not listed in any applicable
Warning Notice or Card Recovery Bulletin. If the Client does not
rece1ve an authorization to complete the transaction or if the
credit card in question is listed in the applicable Warning Notice
or Card Recovery Bulletin, the Client shall not complete the
transaction.
4.04 unacceptable Cards.
The Client agrees to examine carefully each Qualified Card
presented to the Client for the purpose of determining that such
card has not expired and will review information delivered by CPS
regarding Qualified Cards which are revoked, counterfeit, stolen or
otherwise void.
The Client shall not, without CPS' specific permission,
complete a transaction involving use of a Qualified Card for which
an appropriate authorization has not been received from CPS. The
Client may use its best efforts to retain or attempt to retain by
peaceful and lawful means any Qualified Card which CPS requests it
to retain. All rewards paid by Visa and MasterCard for retaining
qualified cards which are revoked, counterfeit, stolen, or
otherwise void shall be forwarded to the Client.
4.05 Failure to ComelY with Duties. "
The Client recognizes that a credit card company may debit
CPS' account for the face amount of a transaction for the Client's
failure to comply with the terms of this Article IV. Therefore, in
the event the Client fails to comply with the provisions of this
Article IV and as a result of such non-compliance a credit card
company debits CPS' account for the face amount of the transaction,
the Client agrees to pay CPS the face amount of the transaction.
4.06 SYstem ReDortinG.
Daily, CPS will provide comprehensive reporting on all
transactions processed. Each terminal device will print control
and balancing totals for all transactions. (See Exhibit 1) . In
addition, system reportinq summary activity for all terminals
installed on the Client's premises will be provided and forwarded
directly to the Client.
ARTICLE v
COMPENSATION
5.01 Fees for Basic S.rvices. MethOd of PaYment.
(a) As sole compensation for the services to be performed by
CPS under this Agreement, CPS shall receive the CPA account fees to
11 06/06/91
.
be charged on each transaction to the card user in accordance with
the CPS Account Fee Schedule attached to this Agreement as Appendix
"B".
After the initial twelve (12) months of this Agreement, CPS
may adjust the CPS Account Fee Schedule with cause one time within
any twelve (12) month period. Cause for an adjustment shall
include but not be limited to an increase in the base interchange
rate, the installment of new, more expensive equipment, or an
increase in CPS' communication costs. Prior to any such fee
adjustment CPS shall provide the Client ninety (90) days' prior
written notice. If the fee adjustment is not acceptable to the
Client and CPS is unwilling to continue this Agreement at the
existing fee schedule, this Agreement will be terminated sixty (60)
days after the Client's notification of its rejection of the fee
adjustment.
ARTICLE VI
TERM AND TERMINATION
6.01 Term.
This Agreement shall be effective for a twenty-four (24) month
evaluation period from the date written below. This Agreement
shall be renewed for like terms of 24 months, unless either party
gives the other party at least 60 days written notice of its intent
to terminate the Agreement at the end of the term or to renegotiate
the terms of this Agreement.
6.02 Termination bv the Client.
The Client has the right to terminate this Agreement upon
sixty (60) days written notice if CPS is in breach of any of its
duties under this Agreement and fails to cure that breach within
such sixty (60) day period.
6.03 Termination by the CPS.
CPS may terminate this Agreement upon sixty (60) days written
notice if the Client is in breach of any of the terms or conditions
of this Agreement and fails to cure that breach within such sixty
(60) day period. Additionally, CPS may terminate this Agreement
upon sixty (60) days written notice if it determines, in its sole
discretion, that the number of Transactions per terminal processed
under this Agreement is insufficient to continue the services
pr~vid~d by CPS under this Agreement. Appendix "B" provides a
gU1d~11ne which will be used to determine if the transactions per
term1nal per month are insufficient to continue CPS' services under
this Agreement.
12 06/06/91
6.04 Removal of Terminals.
Upon the termination, cancellation or expiration of this
Agreement CPS shall remove the Terminals and all machinery,
equipment and other like property from the Client's premises within
a reasonable time.
ARTICLE VIr
INDEMNIFICATION
7.01 Indemnification.
CPS hereby agrees at all times to defend, indemnify and hold
harmless the Client, from and against any and all liability, loss
or costs arising from or in connection with claims, damages, causes
of action, loss, liability, cost or expense or suits for loss or
damage, including, without limitation, costs and attorney fees,
which arise as a result of or in connection with any acts or
omissions of CPS, its employees, agents, officers, subcontractors
or independent contractors, whether such claims are asserted before
or after the termination. This indemnification includes
indemnification to the Client for any damages of any kind suffered
due to CPS' violation of any third party's trade secrets,
proprietary information, trademark, copyright, or patent rights in
connection with the licensing of any software or hardware delivered
to the Client by CPS for the Client's use pursuant to this
Agreement.
7.02 Insurance.
Throughout the term of this Agreement, CPS shall carry and
maintain commercial general liability insurance and worker's
compensation or other employer's liability insurance. Such
insurance coverage shall have minimum limits of liability in not
less than the following:
(1) Commercial general liability insurance
Bodily injury - $1,000,000 per occurrence
Property damage - $1,000,000 per occurrence
(2) Worker's compensation or employer's liability insurance
as required by law.
CPS shall file with the Client, upon request, certificates of
insurance evidencing the coverage required by this Agreement within
fifteen (15) days of the Commencement Date. CPS shall give the
Client ten days' notice prior to the cancellation of any required
insurance coverage, it being understood that CPS shall obtain
replacement insurance policies and take such actions to ensure that
the insurance coverage requirements of this Agreement are met.
1) 06/06/91
1>.RTICLE VIII
MISCELL1>.NEOUS PROVISIONS
8.01 Independent Contractor.
The relationship of CPS to the Client shall be that of an
independent contractor.
8.02 1>.ssiqnments.
CPS shall not assign this Agreement without the written
consent of the Client, whose consent shall not be unreasonably
withheld.
8.03 Subcontractors.
CPS has a contractual arrangement with Ameritrust to perform
certain obligations outlined in this Agreement, specifically the
authorization, capture, settlement and reporting of all
transactions processed through CPS terminals. A copy of that
agreement is attached hereto as Appendix "C". CPS shall not
subcontract any part of its performance under this Agreement
without the written approval of the Client. If such approval is
given, any subcontractor and all employees of the subcontractor
shall be treated under this Agreement as if they were employees of
CPS, except in regard to fees.
8.04 Parties in Interest.
This Agreement shall not bestow any rights upon any third
party, but rather, shall bind and benefit the Client and CPS only.
8.05 Non-Waiver.
Failure of either party hereto to insist on the strict
performance of any of the agreements herein or to exercise any
rights or remedies accruing hereunder upon default or failure of
performance shall not be considered a waiver of the right to insist
on and to enforce by any appropriate remedy strict compliance with
any other obligation hereunder or to exercise any right or remedy
occurring as a result of any future default or failure of
performance.
8.06 ADDlicable Law.
This Agreement is subject to the Charter and Ordinances of the
Client, the laws of the federal government of the United States of
America, the laws of the state where the Client is located, and all
:ul~s ~lnd. regulations of any regulatory body or officer having
)ur1sd1ct10n over this Agreement. CPS and Client shall comply with
all applicable laws, rules, regulations relating to its performance
hereunder. Venue for any cause of action arising out of this
14 06/06/91
Agreement shall be in the court of appropriate jurisdiction in the
county where the Client is located.
8.07 Licenses and Permits.
CPS shall obtain and pay for all licenses, permits and
certificates required by any statute, ordinance, rule or regulation
of any regulatory body having jurisdiction over the conduct of its
operations hereunder.
8.08 ProDrietary Riqhts. The Cl ient agrees not to use or
allow anyone else to use CPS' terminal software programs except in
connection with the Client I s use of CPS' terminals under this
Agreement. The Client agrees not to modify, tamper with, copy or
allow anyone else to copy, otherwise reproduce, modify or tamper
with any part of CPS' terminal software programs without the prior
written consent of CPS. The CI ient further agrees to take all
necessary steps to ensure that the provisions of this paragraph are
not violated by the Client, by any person under the Client's
control or in the Client's service, or by any third party.
8.09 PaYment of Taxes.
CPS shall pay all taxes of whatever character that may be
levied upon, assessed against, or charged to CPS in connection with
the performance of services hereunder.
8.10 Notices.
All notices required or permitted hereunder shall be in
writing and shall be deemed delivered when actually received or, if
earlier, on the third day following deposit in the United States
Postal Service post office or receptacle with proper postage
affixed (certified mail, return receipt requested) addressed to the
respective other party at the address prescribed in the preamble
hereof or at such other address as the receiving party may have
theretofore prescribed by notice to the sending party.
8.11 caDtions.
The captions at the beginning of the Articles and Sections of
this Agreement are guides and labels to assist in locating and
reading such Articles and Sections and, therefore, will be given no
effect in construing this Agreement and shall not be restrictive of
or be used to interpret the subject matter of any Article, Section
or part of this Agreement.
8.12 AcceDtance and ADDroval.
Any acceptance or approval by the Client, its agents or
employees shall not constitute nor be deemed to be a release of the
responsibility and liability of CPS, its employees, agents,
15 06/06/91
subcontractors or suppliers for the accuracy, competency and
completeness for any documents prepared or services performed
pursuant to the terms and conditions of this Agreement, nor shall
such acceptance or approval be dee~ed to be an assumption of such
responsibility or liability by the Client, or its agents and
employees for any defect, error or omiSSion in any documents
prepared or services performed by CPS, his employees, agents,
subcontractors or suppliers pursuant to this Agreement. An
approval by the Client of any part of CPS' performance shall not be
construed to waive compliance with this Agreement or to establish
a standard of performance other than required by this Agreement or
by law. The Client is not authorized to vary the terms of this
Agreement.
8.13 InsDection and Audits.
The Cl ient shall have the right to examine and review all
books, records and billing documents which are directly related to
performance or payment under this Agreement. CPS shall maintain
such books, records, and billing documents for two years from the
date of the transaction.
8.14 Ambiquities.
In the event of any ambiguity in any of the terms of this
Agreement, it shall not be construed for or against any party
hereto on the basis that such party did or did not author the same.
8.15 severability.
If any clause, paragraph or provision of this Agreement is
held invalid, such invalidity shall not effect the remainder of
this Agreement, which shall remain in full force and effect.
8.16 Entire Aareement.
~his Agreement contains all the agreements of the parties
relatlng to the subject matter hereof and is the full and final
expression of the agreement between the parties.
8.17 Attorney'S Fees.
In the event of litigation between the Client and CPS arising
from any provisions of this Agreement, each party shall bear its
own attorney's fees.
16 06/06/91
IN WITNESS WHEREOF, the parties have made and executed thi:=
Agreement in multiple copies, such of which shall be an original,
on this day of . 19
- - -
CONTRACTOR: CLIENT:
CONSUMER PAYMENT SERVICES, INC.
By: By:
(Name) (Name)
(Title) (Title)
ATTEST/SEAL: ATTEST:
By:
Clerk
APPROVED AS TO FORM:
Attorney
a: 'MPS4.agnl
ASZ Misc. Litigation I
17 06/06/91
.
APPENDIX "A"
Innovation Groups Evaluation Program
for
Electronic Point of Sales Services
THIS AGREEMENT for the Innovation Groups' Evaluation Program
for Electronic Point of Sales Services is made on the date stated
below by and between ("City/County")
located in County, and The
Innovation Groups ("The Innovation Groups"), a Florida corporation,
with principal offices located at 6604 Harney Road, Suite L, Post
Office Box 16645, Tampa, FL 33687, (813) 622-8484.
WHEREAS, The Innovation Groups is a not-for-profit
organization which functions as a consortium of cities, counties,
towns, and private companies working together to introduce
innovative programs and products to the public sector: and
WHEREAS, the City/County wishes to participate in the
electronic point of sales evaluation program as defined in the
agreement between the City/County and Consumer Payment Services.
NOW, THEREFORE, in consideration of the mutual promises
hereafter set forth, it is agreed as follows:
1. The City/County shall:
a. Create customer awareness for the electronic point
of sales program throughout your community through such
activities as announcements over your community access cable
channel: announcements included with utility bills; articles
in your citizen and e.ployee newsletters: press releases to
your local media: media coverage during the first days of
usage: placards in the areas in which the credit card stations
will be placed, etc.:
b. On a quarterly basis submit a short report (one to
two pages) which summarizes the pluses and minuses of the
program in your jurisdiction to date. This report should
include recommendations. for the improvement of the program as
well as descriptions of special programs you have implemented
to encourage usage:
c. Identify applications which you feel will provide
the best possible customer service regarding the optional use
of credit cards. Each application site will be a candidate
for the placement of a credit card work station. While there
Page 1 0 f 3
is no limit on the number of such sites, it is the
responsibility of the City/County to determine application
areas which will provide the most potential for usage. During
the evaluation period for your jurisdiction, The Innovation
Groups and Consumer Payment Services will work together in the
evaluation of each site to jeterr:1ine the need for more or
fewer machines;
d. Train your customer service people and City/County
hall telephone opera~ors, receptionists, volunteers, etc. as
to the details of the program so they can so inform the public
when inquiries are received;
e. Provide information regarding the implementation of
the program in your jurisdiction to neighboring local
governments upon request. The Innovation Groups and Consumer
Payment Services will provide a descriptive brochure to assist
you in such information dissemination;
f. Consider participation in an annual conference on
credit card programs in local government. This conference
will be sponsored by The Innovation Groups:
g. Provide written information regarding the program in
your City/County for inclusion in a newsletter which will be
prepared by The Innovation Groups: and
h. At the end of the first six months (or sooner at the
City/County's option) of the evaluation program, assess the
program's potential for expansion into additional departments
(if jurisdiction-wide implementation has not occurred).
2. The Innovation Groups shall:
a. Return 12~\ of the net profit (computed from the
service fee charge for each transaction after Consumer Payment
Services, Inc. fixed terminal costs of $34.50 per terminal per
month have been recovered) to each participating Innovation
Group member. This amount shall not be less that 2.5 cents
per transaction. A return of a flat one cent per transaction
will be returned to non-members of the Innovation Groups.
Payments to participants will occur on a quarterly
basis or when $1,000 has accumulated in the City/County's
account, whichever occurs first. Detailed accounting showing
total transaction volume for the City/County, total
transaction amounts, and total Consumer Payment Services
service fees generated during the period for each terminal(s)
and in total for each City/County will accompany each payment:
Page 2 of 3
~._,~--~-""
b. Publish a bi-annual newsletter which will report on
the participants' experiences with credit cards. Case studies
will be part of the newsletter;
c. Sponsor an annua 1 con ference on cred it card programs
in local government;
d. Provide regular updates on the credit card program
in the Innovation Groups' newsletters;
e. Visit with the staff of each participant on a
regular basis in order to observe first-hand the operation of
the program, obtain employee comments regarding possible
improvements, and brief employees on experiences in other
jurisdictions:
f. In cooperation with the Ci ty ICounty participants and
Consumer Payment Services, The Innovation Groups will
regularly explore the potential of new applications such as
unmanned kiosks for bill payments, etc. : and
g. The Innovation Groups will develop and maintain
information files on local government credit card programs
which will be available to all participants.
ENTERED into this _ day of , 19 .
-
CITY/COUNTY: THE INNOVATION GROUPS:
Title: Title:
ATTEST: WITNESSeS:
Page 3 of 3
.
CONSUMER PAYMENT S,ERVICES, INC. (CPS)
SERVICE FEE SCHEDULE
CITIZENS WISHING TO USE BANK CARDS AS AN ALTERNATIVE MEANS OF
PAYMENT FOR GOVERNMENT OBLIGATIONS MAY USE THE BILL PAYMENT
SERVICES OFFERED BY CPS . CITIZENS MAY AUTHORIZE CPS TO TRANSFER
FUNDS FROM A DESIGNATED BANK CARD ACCOUNT TO THE GOVERNMENT'S
ACCOUNT.
ALL TRANSFERS OF FUNDS ARE SUBJECT TO A NON-REFUNDABLE CPS SERVICE
FEE AS OUTLINED BELOW. USE OF THE CPS SERVICE IS OPTIONAL AND
SOLELY AT THE DISCRETION OF THE CITIZEN.
CPS MINIMUM
SERVICE TRANSACTIONS
AUTHORIZED AMOUNT FEE AVERAGE PER MONTH
$ .01 $ 25.00 $ 1.35 $ 25.00 100
$ 25.01 $ 50.00 $ 1.65 $ 50.00 95
$ 50.01 $ 75.00 $ 1.95 $ 75.00 90
$ 75.01 $100.00 $ 2.50 $100.00 85
$100.01 $150.00 $ 3.15 $150.00 80
$150.01 $200.00 $ 4.00 $200.00 75
$200.01 $250.00 $ 4.85 $250.00 70
$250.01 $300.00 $ 5.75 $300.00 65
$300.01 $400.00 $ 7.50 $400.00 60
$400.01 $500.00 $ 9.25 $500.00 55
$500.01 $600.00 $11.15 $600.00 50
$600.01 $700.00 $13.00 $700.00 45
$700.01 $800.00 $14.80 $800.00 40
$800.01 $900.00 $16.75 $900.00 35
$900.01 $1,000.00 $18.50 $1,000.00 30
$1,000.01 OVER $20.00* OVER 25
*$20.00 PLUS FEE FOR INCREMENT OVER $1,000.
APPENDEX "B"
.
BANK CARD SERVICES AGREEMENT Amerttn.JSt
^il'MmeIll C'nteRd imo i., Cleveland, Ohio this X day ol r=-e d R /)., fl ~ j . 1 ~ 3.L . I:'ct'lo'C'CII
. r Q~rIH1R.. PA~/r1 "NT S~() rL~.s ("'Men:hant).
and AMERITRUST COMPAN~ AnONA!. ASSOCIATION rB<<nk'j. 900 Euclid Avenue. CI~eland. Ohio 401101
8&nJc provides servl~ (or acuplance 111<.1 paymenl of consumer lI'UlUCtionIlI'1slnl fnm1lhe use of credll c.1tds bce.1nnl the trade r:ames Mute:CarQ, VI... Amel"\c:U1 E t ~~ S,.
DUco\'et and debit cards (collectivel)', the "Card>") by Mm:lwlts' CUSlometl ("Cudholden).
MtrclWlr dfsirn to l'tCeiVe IUlhoriz.atioa and Mctlement "!'ViM from a.nt ~11lin.1O 1M IlK of the Urd II Merchant'. prtnu5a by C&rdholden,
In considuaaOl1 0{ the murual prornitcf and &fT'"mc:n1l heRin CGIIIlIincd, a.k IIIId Metdlanl hczcby mvtU&IJy qn:c as follow"
L. aDo'J:KAL TERMS: II) er.dilla at-IO ~hlftt.. c:.n..u_ couSaau, . .....,.. 0' U1Y tUI:\, co"dillon.
~... WlI'I'lftty or *'1' 0( "'etdMat ~
t. o.aa Capell,. Sertk.. I) elM Ultl\lloll olCftdll'or ...oudiH IOId or ~ ,..-f-'" ..,.. .lol&l<on or 1lI)
l.L aw.".... 10 pttMd. MatdlaAt willi cUll capCIlN and ~ .....aa aalJcdwly, ...... or 1Iw IIIln 01 rcaula:!- << MY ~tallfatlC~. ract.rsl. ,w.. IIX&;, or
~Elccl:'Olllc Daca Capllln $ctYlca. ., ~:or
I':' TlIc BIecaaIic Dua Captun ~ cnlail, --.line ........ l1li . __ IIId j) 1Iw en lIar.orwd it IAvaIHI. upvtIlIorlallCtl 011 Wly C\IIftO' V'laaf.'IotUaClI4I C_blllee
,"",idur, lII& Ccnlholdcr willi 1 ClCIp1 01 .... Mlu drL'!. ,Wam:nC I..nc:n.
L n. foUowinc apptia if MadlltIl it ..inC :cmuMb ..."u.l ~ ..__III s.II; IanIl 1. E&dlute... .ce.... PoUq
eIl&Il pl'O"iM M4It'CltanI widlllw..... n.."._oI'.....,... ,..,....,........
!IecWOllic DIu c.- S..w. INJIor AlalHrialiOll ..w:.c. .. -....... ....,. 1.L M-'Ult11W ~ 1 fli. policy rOt.....c.aa..,.a wI_ 0I1IIrI'r~" MCl ff!1T IIlc
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arc 1lOI1Iw pcnonaI JIl'OPCftY of ~Il..:u IDtI wW JICl( be ...... (or Ill)' ,.,.. _ be twxaCIII till the laIIlOIl.
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_1IId 101 coDecced Npuallly III CIIIL 1pIIC7llnb&. du.&ae jIIIl...... .. ... _. .... .y ... --- ...".
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a:mtbcr OIlllle IIIcI *'ftla die lI'P"lPria klcIc!_
APPENDIX "e"
.
1
11. Coor~
4. Na'cMa' "arrnt,. 11.1. ~ lIMO _di~_1O~ ;wtia.-.:r8lll1lll1i1r ~', ~all (or me pW'?OCC
U. ...... wun."I:t _ tKll tIKlnnic ___ ~ MllI clvvup ., tInIiDaI(.: fill "'I11III .. NadIcI: ;a CllIlIIpIaiq - --- . . ~ r.;1IltWG b. :,... I
...... . luk ..,...... I Irdid GlIti$lICiCll'l iJIcl:md by ~ tOIl ~ ........ by CIl6oWer', ~ It\l........ .. .... .-r-: .......... "'-'11M ..i~ ~ pnGr
...... 1M .or lilY odIer,.... 1ft .. IIIIOUlIIC fOftL .....an _ fIIlm. C~ _ I ~....... 11M... *'^-
U ~ dlaIIllCll: ~ lit lilY lallIaC::!orlIln~C cad IdYUlCCI or I&ICIIia:lI cl cred1I U, Termlaadoa
tar.1 ~
'.3. l>WclIw lacks knowS.d1l 01 III!, !acl or ci:'cwn_ dial !!IIY Imr-Jr to'" vWlcllty Dd l~l. Thill ~I &/I&lI br-..GI!:. cffcun whM ~ ~ \IaclJ pull... QUIl!-: ') ~...".."
ooIlccallil!ty C!( lIle ,.1", dr&tl 01' el~io.. InIIIftlluK'ft r.-CG'C1. IJlC! aCC'CJlCe:! by 81llk, cot 1'l:Celvc.d by MU'Cl\am ""hcalMccI""llo'JlIMI"'.l. (u. ",~..Ct' ~v, T.
4..4, MCldlIl:l IhaU lIOl rcnM l!Ic uu ot o:1C cw (Ir. r-o or lIIClI'e nllWnona 10 a~ ~c 'U(locqlllCllIl u:\JYUy INnu~: h=IO).llId iIIai l::r.l_"~;:~ ud etT~ (01' ;.c."\~ of ~-=:
,dIorinaoc ~rr. rbe CAu.c:r. ~~,) from !he d&= n<no(. At:lle end of ~ ~ lNa A~ ,"'u a..'tO~.::"__Y "M~ ~
4J. M=lIlal wllT&lllS ue ~pn:lCnu 10 be tolel,. cn,.,cellt: tDc lypC IIId mlltXr ot busilla. IlI\Olllloly basi, I/ld Ibe~,ftcr C'CIlltinu~.., ~U fv.l:c ud c:'fCC"~ 1r.lI_ <<liter ~&r.1' :en",..:> (~;\
illdieuce ir. !t.J' ^,,"mer.t w.h&ll_ chllliC. .:11. .lUpCIId or mocIi!! dlc I)"PC .... _n 01 A~ by clv;". ~O U)'I' wn:Jc:'lIlClC;c 10'" otIa' P'W'1.
r""- wir.0II1 prio< "'"~ ""'._ of 811\lc. M=lIoIIllball immtdWely eoO..*y III'Jc 01 . 11":' In dI. a_I thai !lw ~.;~. ",for:l"Sorl ,;...... it rftSOI",a.". ca",. '" ~':...: C'"
cAaltce Ie III owr:.shl!, or I)'" of buolnH. ~lwlIl. -.aIi'd ;" tra"Jw..:. ..-",ir.~ or oUer ...........bl. ktiv'~ Upo'l". W a...... IQ
4.'. ~ sh&Il aOI ....wu luccllI'IIa QI' Incom;r,.te dl.cIoI1I:9o wllldt aalllt by ~ab" ~... ~ Iou. d\n Bw ""'y _I"... 1ti. Aa-.Mt L-.d ck.M or ....,....:t M.~......t I
I:tld ~GlZ\ II NCl"lred to .uD Is llUIlna Ca.-dllok!ft', cn.:tJnIICCOCDllIm:nedl.~ly. ~f P""'!JIOIII of 11.: :IGI"Of!ltuWldlr.,. All ollU.auCt\1 ~f ~..
'~lIlti~orniltl~c~tI\l. A~..u.oI"'dlrfolIlftlWw101l Jhlll r~". r~dt 'r.-
J, ,"-tanlnl Ind 5<<Ua_t mlNliCltl, Cpaa lamlftlto:\, ~e."dlll:1 ,,"n L'!lIr:ClIIIId111l mIIrn aJl (onn. &lid OlMl r"'W"~'
5.1. MuciIar.t', Prrplt'IIIOIl and prel.ltllllan of cleeIro!Iic I:'III":CII'I -ca and Mla dnl'll1O Nppliod by 8_ durin. lAc :cr.:I of t/li. AIf'I=IIlClL "/'1Iia ~I L~all be )Ul4I". 011 U'le
Imk alI&lI CClMIQCC Men:halr'. ClIdoncfllCftI end Ultp_ 01_ III 1-. w;~ RCllItIr1C ~ IwnID .... UIcir R1pIC1I'PC I\K~ 1ft( .......
ac:qiIl u odIclwiac bCRilI ~ 8IIIk or ill rcpracnt.ci'PC i. n&IIariM III p- Madllnt', 12.J. ~ UIll ~__ o:!otcQa a:.piac IMmla bcw~)' aldlonlu Sw 10 o~.,
eadcI:acaIcm 0Il1D)' ,xb MIa cIr.tt .. tr.1 tiIr.c. McrdIun bcRby...... nodcc 01 def.It or_.. fnllllII'I tOlIIl:t ~ ~ ml)' bu:.,. ~_'. Of r~'. ~l'won.llll'UI Of
,.)"lNO"~ P"*" or nocice 01 proetn. d.maI\d for ~""*" IIId 11\1 0Ihu ......,., or 1lGd('l Ie ~tty f. tIM lank C#4 P:tl.,.,...
__ wldt dJ!a A..-,r or .., ... cnft. MIelllIt ....,. ..- III U-'- of 111M u..4. M......... dta ~ III ~_ as--: ':10" tIN n:ufr. ot ~fnlo:~ of
"..., . '.11'.64..... ......10 or .,1rl1.. CardIIoIcW wte _,..xIII uy IIICI\ drift or.r.ar.tc IIICI'CItIm ......
~ -e wllhoIa .... NM:lIuI', IIa!IIIIy or "" ....., cl aIM: ..... or
1Irmlndcr. lJ. laIIk II\q uu:iM a.'lC! '-mf)' 1111:)' ~:I_.r. r_eII 0( MctdllIt: ;lCt".&Il'IllIC ~ ,&.'"
I~ l'I:r=cnfl. cel!i:r III4lCtdcmc:: of,," iunI~.lkUlbaU lie... .....*""'P 4nIIo __ ~.... .."-11 !'ohnltuft ...- 10 ~ ..... --- L, --.. coo,," Cl' 1TIl'~
a coanaac ;tIeckillC .- wllicll !ot_bn will I1IIiIItain wj'.'1 I'" eolli-s " ..', robll r-a, (or l,.roOd of MYIIIl'"".1l ~:........ a:-ic 0- CIp'M S."""I.
~ _miallCt'lin cbaqes. MadMaII..... _10 ... or. -* Ill' cea.n.. --. dUplu tll&1 '" rpIOlIully II,;.
J.3. Mndt.ul ....... UlII alelIlaDou 01 all ir.IG. .....-4 IIll 1- ... ..bjen. ... .." 1.1t. tIlctNId bJ Bait. III Ihe _.I ot 1lIC~ 'UlMlfI"'" ~ MtIIr. Il\alI be COIlmItd 10
lankhu.. riaN......,...... e-.., WaIdtaDl'1 _ hekl bJ 1_ tlIr 61e.JIIId" __ ....-c7...-t. I JlII"NI'IIlII._ -- or 1MOt:!a'j0ll 0( III)' kift4 baN us
<< -.... u die _ l1li)' b&. MCftllGII .... lull.
.... BUlk ..I....lha .IOMIiR IIId IIoId for...... paioU o(am.. I ........ clUJ
... fit mIr"IIllcId by I_ Car MClllIIn wIIiclt ill iD diImIiGlIo.au -.y,,~ 14.~IILI.
..... ... apIU '- ....... c....... IWfIIDdI or ......... 11M ..... .... ,... 14.1. 'n.iI1~....II_ ill*,"- in .....a.. IBM wic.'l ~ 16... _* ,..,.,.... n&Gw lAd
b!IIIq -. cndl&........... _....... _ 1M... tI,....,._ - ~ olIlia...... II'" aM .......1IMIl_........ __ Ollie !.Iw...... ~ IIll ~pla 0(
___0Ia.&. . -'Ilca 0118..
'- !'t4erd1uc Fer. Julla Qartt leek ....... MER<XUn'HAS READ AIoo"D ACiRE!STO ALL TEIt..\CS AND PROVISIOSS OF
U. ~""'1halJ lleu__ I~..... tor.. aftllllll*"fII","-~"", nus AOREEMENT.
IIllIaI4 ~ ..1fI1wl8rcUM nodfteI SUIt ot ,. I:ItIndalI to IIlIIIlaaa t!II qr-. ~~
U ~1""'III,.r B_:M __ol.., IIIct trMIlaS_IlJllBIDkIllall ~"npt
. lilT lInw IIll cIIIrIc McrdIn t!lcft(or witltoat IIOClclI b..,...... NletialIII IIV ilia wIIIn:
II madlandiJC it NNnlId or ____ IR R~ ....... . Me . ~ ...... it
dclivcnIlllll Iut: CMERCHMII
II) . llIail or ....... ot*I' it diapnM or diad.;_ ... .. c:.oow.r ..... _I II
daWeed for IlIclt ~... diaclaimld ~
c) ~... -.cdoft lKeIdI m. ....., 1itnI-'- oldie CMt IIId ... .. ........ .. ~A'1"..u."'OCLmON
1,.c18caDy audlorlMd ~. Iuk:
dl ... w..l!raft II allIpd tD lIa...lIeIn ..-. ..,... or....... ~.___
lutIJort:y:
al die... clrIft II ~
f) IIIc IIIeIIl .. ot .. ....,.. CMNllIiOIIlIy ...... ill ~ B -:..A
., CIII CatlIIlokW II'" dle", ~__..--, ot_____ - ... ..... . c.r. sl/~/9{
quWc)' of ~ ___ by" .... dId... ~..... .................
willlllN ~
.,.. ..-1.. . .. -'GNLY . .
.... ... Of.... .. ., lit ..",. . . ..... .. .~".. ,,~..fi. ._'WI', ...l
,.... ....... '. t . '. ;,".' , I
. ..... '08.51135157 SUite A: . -..
I\cplltN.... ....... 600 IabJv1ew RrYwt I
444760120008861 I
liIStN...c Hw.w ' aa, Cl""""'''',..r '. I
~~:~ ..N........ . First : trn.1.on I
.. Florida' . . ~ . ~ ZIp 34616 . .
.,'.. ,.........wu. It.....,......
.. . 0000 . ....
tiaOW LIIDiI: VIla AdIIr.- SIII'II!! as above .. .
.. .
'. .... . o~,. . .. 0000 .. ,
.. ca, . ~...,
,.," .. -::Q::. 1........................... $ -0- 'O,
'.... . .... "" ..,
.. ..,:: 1
... ...... ,. .... ..... ... ..... ... o..r
'.
~<<IIlllhprtaw...... .. per.8II8aI: t.'. -0- .. .. ..I
I ~- liT " . .....1
COCiiI.... ......IDCltr 01,.,: . . $ -0- ~ HA1"'W'r.Id.. .. ,
o..r... ~ "c:....c& Mel Ora " ., I
~~....... bill ~v1rIa:; service ' .. "I
' .. . ....t.
........,
.... ... 1-800-289-1626 ..,
0, "'., Till,..., .... .t" 'I' ..'
~'n"" . ..
.. DeIIIr CaN TN ell...... '.' . .... '. :1
....... ..' . .' .
I........ ,. ~ DIIeIut --=- VIII ..... a.er..
.. t 1#. . .'"
"lfttIut~ I IfIl...6- 8931 A.........._ ..... o.~ J,"~ "".: ::::.:::.
.. I..' ..........
,,. ..... ......... . Qv.. ......., P.. , .. .. j
........~...dft C A.&U .......,.... ". 1
.,..'.....,. ......... .. .. ... .',
........,........ ... ,.. .... ,"I
...... ... - "f' ....,..,.. ....t
J"J.N6m ..,
APPENDIX "C. -...., 'III
2
^I1Li" vi'lL'" J. ~V O^~~~~~U ~~Kv~~~~ "'\JK"::"~:"lt.~l
Ame.ndme day of F(!6.t4r~ ~ I 19~bet""ee:-._
,~) or ~ (hereafter referred to "Merchant") and A:nerit:-L.:s'
Co....,any ational Association, 900 Euclid Avenue, Cleveland. Ohio 44~Ol.
..
15,1 If the total amount of any sales tra.nsaction is in excess of e.. c:J~:!..'
~il7\itation imposed from time to time by Bank, Herchant will conte.c: ~..;........-: .
a'..lthorl:ation facility and obta.in Bank's ~pecific a.uthorization tc ,.. - r "
- ~ --
sa.~es draft rela.ting thereto, and such authorization ~dll be ~~te~ ~
-
~f e r c he. n t in the . p pro p 1.' i a. t e place on the sa.les draft. Obtai~.:..~.g s '~. :
authorization does not relieve Mercha.nt from risk of cha.rgeba.c~. "':--. ~ ,-,
~€sntive verification response is given. the Her-cha.nt must not co::';:,_e':.~ - -
- .
t :. a n 5 a:::: t ion I Et.nd if instructed by its a.uthorization me:nber to r:..ct: . -
. ..
card, it should do so by reasonable and peaceful mean s , notif'/~;.~ - ' -
all:horization member ",'hen the card 15 recovered and e. s 1< f... - !'~ -: ': :-. e :
'" -
i n5 t r\IC tions.
.~-
~. 5 . 2 ~!e rchant shall not receive any payments from a cardholde:- .,., i to r. :-':5;::~-:.
'~o charges for merchandise of services ,...hich are incl'..1dec or. a sales c :. ~. : .
resulting from use of a cat"d.
:5.3 Bank shall have the right to automatically termir.a.te this a i :- e em.; ~. .
~.'.ithout notice if Herchant has not offered to Banl, a sales tre.r.s&c~ic~ ~ ~ ~ i
- - ,
?eriod of one year or if any of the covenants of this agreement are vicl~':.~c
~ : , 1:\ Bank or Herchant shall have the right to terminate this &gr~em~n~ ~: ft~
C il!\e \..;. ':..1'\ 30 days written notice to the other party, the provisior.s o! .L.':: . .
'''t.\,'ith$t~nc.!ins '
.5.~ ~:erchant ,,,ill llse the terminals in accordance wit.h aani<'s i. n .s t P l (" ~. : ,:. i, -
~nci \o'i11 authorize all sales made on Qualified Cards through tlH: t~rrr.lnC:.l
'ege.rdless of the dollar amount. The authorization code must be r e c ~ -:'.l E: -:l r:
.he sales draft or transaction record.
5.5 I~ ~{e rehan t use s a third party terminal provider, the provide~ ::lec"~e~
ts a.gent f'or deli very of all Visa transactions to the BanK ". i .. '1is~ ~.; e "-
he Merchant assumes full responsibility and liability ior a.n'l ! ail \~ :- E; ':'
his agent to comply with Visa Operating Regulations including a.r:y .,., : ~ j. e. 1. : ':, .
hich results in a chargeback to the Bank.
S.? The obligation of the Bank to l'e imburse the Merchant (or ~he 'I eo 1. ''': ~ '=
is~ transactions captured by a third party terminal service agent 1$ :ii:l~:e~
o the amount (less applicable discount) received by, Visa !':t:t. ~ ....,.. - ~.~. A
.. .. -~...
gent,
~ER~HPAHY NATIONAL ASSOCIATION (!"N.s~ ~)r."Jj ,
t.y~~
B .;::27~~,,~.~/. (mercha t)
By: 'X~~
By:
By:
.
APPENDIX "e"
3
TRAHSACTlllf PmfTING SfnlF.HCE
I, CARD SWIPE- BEGIN PREDIALIHG & RECEIPT PRINTING (ITEMS a - g), -
2, PROHPT f'OR CLERK 10 HUMBeR (2 DIGITS),
3. PROHPT FOR INVOICE HUMBeR (16 DIGITS>.
4. PROl'IPT FOR OEPARTl1ENT NUMBER (3 DIGITS>
S. PROMPT fOR TRAHSACT ION AMOON!.
6, CALCULATE CPS SERVICE FEE AAOON! BASED ON TRANSACTION MOON! (CPS SERVICE fEE SCHEOOLE>.
7. fORMAT ALmlORIZATlOO TRANSACTION BASED TarAt AHOONT (TRAHSACTION AMOUNT PWS CALUCIJlTEO CPS
SERVICE FEE),
8. f:\ECUiE TRANSACTION AITER OPERATOR DEPRESSES 'orrER'.
9. PRINT TRANSACTJON RECEIPT AklD DISPLAY FOLWJIHG DATA:
- f:<AHPLE: MONDAY1 APRIL 8sA991 4:30 PH
CPS- C TY OF CP RAfFIC
1234 HAIN STREIT
ANY ~ USA wcm
(813) -9999
MERClWlr I 12345618
TERM I HAL I 1234561890
CLERK: 12 OEPT: 1234
INVOICE: 1234567890123456
K1C 7681374938298439 12/99
AIJTHORI2AT/OH: 763487638
AI100HT $100.00
CPS Sfl'V I CE fEE $ 2.50
..------
TOTAL AIWfT SI02.50
S/GHA'nJRE X
I AGREE TO PAY A~1J! NtWfT ,\CCDOIHG TO
TIlE CARD ISSUER ACREEHOO'.
-------------.--------------------------
SIGHER HEJ1E8Y Al111QIZES CPS TO TRAHSFEP.
FUNDS t'ROf THE AClmfT DESIQfATEO ABOVE
TO THE GOYERHtlOfT IWIED AHD PAY A CPS t~-
REFUNDA8LE SERVICE FEE F(I THIS TRANSFER.
Sf:liI.DlOO PROCEIXJRE
I, FUNCTION SELECT SE'1iLDtDn'. PRINT BATOI SUIIAR't REI'ORTS IN FOLLOWING FORKAT:
- OOHPLE: HtlfMY1 APRIL~ 4:~ PM
CPS- C TI or Ie'
KERCIIAHT I ltMS618
TERtt I HAL' 123.567890
BATCH SIIKAR\' Rf.'P(l1'
&8~ _ ~tJY~ mE NWrf
1 " 12345678?O 044567 S , 25.00
013 66~6 SJ.25
2 v 7687989899 787318 S 1\ 00 .00
012 767~ '3.75
3 Y 7651546590 34S245 S . 15.00
012 G4S6S '2.50
111111,111111111111111....,.,11.11
GOVERlMDfT TOI'Ats:
~ERCAJ/D: I S ~. 00
OTHER 2 SI .00
o . .00
TOTAL 3 '200.00
1111111111111111111111.1111.111111
EXHIBI'l' 1
Page 1 of 2
- .
CLEIU ~IlW.RY R~
.......1.1111111111111111.11.11111
CLERK: 012
HASiERCARD: 0 , ,VO
VISA 2 '1 7S . 00
CTrHER 0 s .00
TOTAL 2 $175.00
..111....11.1111111111111111111111
CLERK: 013
MASTERCARD: 1 $ 25. 00
VISA 0 $ .00
arHER 0 $ .00
TarAL I s 2S. 00
111111111111I1111II1111111111111I1
GOYeRN/100 TarALS:
I1ASI'ERCARO: I S 25, 00
VISA 2 s 115.00
OTHER 0 s ,00
TOTAL 3 '200.00
1111111111111I11111I11111111111111
CPSTOTALS:
SERV I CE FEES 3 s 7,50
VOIDED 0 $ ,00
11111111111I1I11111111111111111111
BATCH TOTAL 6 $207.50
11111111111I1111111111111111111111
OEP~J"'HEllT SUHHAR't' REPORT
Illlllllllll..illl.IIIIIII..,11111
DEPARTMENT: 123~
HASTERCARD: 0 S .00
VISA ., SI75.oo
t.
OTIIER 0 $ .00
TOTAL 2 $175.00
..11111.11111111111111111111111111
DEPARntOO ~56 7
HASI'ERCARO: I $ 25.00
VISA 0 , .00
OTHER 0 $ .00
TOTAL I s 25.00
.11111111.11111111111.....11111111
GOVERtItOfT TOT~.LS:
HASTERCARO : 1 $ 25.00
VISA 2 SI75.00
OTHER 0 $ .00
TOTAL 3 $200 .00
111111111..1.........1.....1......
CPS TOTALS:
SERY I CE FEES 3 S 1,50
VOIDED 0 S .00
1.111.11..11111111.1....1111......
BATCH TOTAL 6 1201. SO
......11111..1'.....1....11.111111
.
EXHIBIT 1
Page 2 of 2
. ~-
~
i.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # - MEETING OF JULY 23, 1991
AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY SCHOOL
BOARD/RENEWAL VOCATIONAL EDUCATION PROGRAMS
DATE: July 18, 1991
This item is before you to approve a one year renewal, from July 1,
1991 to June 30, 1992, of the agreement between the City and Palm
Beach County School Board for vocational education programs. This
renewal provides the continued opportunity for our employees to
receive relevant vocational educational training at an extremely low
cost. The cost per student hour is .36C for residents and .72C for
non-residents. These costs will be borne by the departments in which
participants work.
Recommend approval of a one year renewal, from July 1, 1991 to June
30, 1992, of the agreement between the City and Palm Beach County
School Board for vocational education programs.
,
, .
MEMORANDUM
TO: David T. Harden, City Manager
FROM : Doug Randolph, Grants/Training coordinato~~.
THRU: John W. Elliott,Jr., Asst. City Manager/Support Services ~
DATE: July 16, 1991
SUBJECT: Request City Commission approval to renew the Training
Agreement between the School Board of Palm Beach County
and the City of Delray Beach.
Our current agreement, which has allowed us to provide the Customer
Service Training Program as well as the in~house programs being offered
at this time, needs to be renewed for the School Board's next fiscal
year which runs from July 1, 1991 thru June 30, 1992.
This agreement provides the continued opportunity for our employees to
receive identified and relevant vocational educational training at an
extremely low cost. For this next agreement period, the cost has
increased from thirty cents to thirty-six cents per student hour. This
modest increase equates to eight hours of training being provided for
$2.88 vs $2.40 at the old rate.
The agreement is attached for Commission approval. Please place this
request on the July 23, 1991 Commission meeting agenda.
attachment
,,<
. .
... AGREEMENT
BETWEEN
THE SCHOOL BOARD OF PALM BEACH COUNTY
AND
CITY OF DELRAY BEACH
FOR
VOCATIONAL EDUCATION PROGRAMS
This agreement is entered into between the City of De1rav Beach
hereinafter referred to as the "AGENCY", and The School Board of
Palm Beach County hereinafter referred to as the "PROVIDER" which
are the parties hereto. For and in consideration of the mutual
covenants contained herein, the sufficiency of which the parties
acknowledge, the parties to this agreement agree as follows:
I.
Scope of Services
'.
The PROVIDER will provide vocational education programs for
students of the AGENCY.
II.
The PROVIDER Agrees to:
A. Provide a liaison for all vocational education activities
between the PROVIDER and the AGENCY.
B. Provide qualified and certified vocational instructors for
each course. Addendum A & B is hereby incorporated as
part of the agreement.
C. Whenever possible provide a qualified substitute instructor
in the case of absence of the regularly assigned vocational
instructor.
D. Require instructors to assume instructional responsibility for
students in their classes.
E. Share the achievement records of the assigned students in the
courses with the AGENCY.
F. Provide and prepare an instructional schedule for teachers and
" students which will conform to the needs of both the PROVIDER
and the AGENCY.
G. Not discriminate against any students or employees because of
race, color, religion, sex, national origin, marital status,
or handicap.
H. Submit any vocational education reports as required by the
Florida Department of Education.
III.
The AGENCY Agrees to:
A. Provide a liaison to coordinate and supervise vocational
education activities between the PROVIDER and the AGENCY.
B. Provide the minimum number of eligible students to achieve and
maintain the required membership for each course as d.esignated
by the PROVIDER.
C. Provide agency orientation for the PROVIDER'S vocational
instructional staff.
D. Provide proper and adequate facilities and standard utilities
including water, lights, phones, heating, and air conditioning
for all classes.
E. Provide needed A/V equipment, copier services, student
materials, consumables, laboratory materials, and textbooks
as requested by the PROVIDER.
F. Provide janitorial and maintenance services for all AGENCY
based classroom and shop/lab facilities.
G. Provide staff and support services for timely, appropriate and
adequate screening t counseling, and follow-up services to
students.
H. Provide and maintain adequate library services and clerical
support for the vocational education program staff.
I. Provide for the safety of all instructors.
J. Provide any vocational education reports needed by the
PROVIDER and as required by law.
IV.
Both Parties Agree That:
A. Responsibility for day-to-day coordination and supervision of
the vocational education program shall be vested in the
AGENCY'S liaison of education.
B. The AGENCY'S liaison of education may participate with the
PROVIDER in recommending instructional personnel.
C. Through their designated representatives, both parties shall
collaborate in the development of policies and operational
procedures for the efficient management and operation of the
vocational education programs.
D. The performance of obligations hereunder shall be in
accordance with all applicable laws, rules, and regulations
now or hereinafter in effect.
E. This agreement will be governed and construed in accordance
with the laws of the State of Florida.
F. No amendment to this agreement shall be valid or enforceable
unless submitted in writing and executed by duly authorized
representatives of both parties executing and entering into
this agreement.
G. PROVIDER is an agency or subdivision of the State. Notwith-
standing anything to the contrary contained herein, the total
liability of PROVIDER under this agreement for negligent acts
or omissions of PROVIDER, its agents and employees shall be
subject to the limitations and procedures set forth in Section
768.28, Florida Statutes.
-2-
John Elliot, Jr. is designated AGENCY liaison of
education and is responsible for enforcing performance of this
agreement's terms and conditions and shall serve as a liaison with
the specialist of the PROVIDER, and shall approve all invoices
prior to payment. The AGENCY liaison of education will also be
required to meet with the PROVIDER at least once during the
agreement period to review the services rendered. This agreement
shall be effective July 1 , 1991, and shall remain
in effect through June 30. 1992 . Should one party fail
to conform to all material conditions provided herein, the other
party may, at its option, cancel this agreement upon 30 days
written notice.
Dated this c2t.~ day of ~ , 199/
CITY OF DELRAY BEACH
Agency f Palm Beach
By Chairman
Agency Administrator
Attest
-3-
.
~. .
Addendum A
AGENCY-SUPPLIED INSTRUCTION
CONTRACTED SERVICES
The PROVIDER will reimburse the AGENCY for instructors' salaries
at the rate of 85 cents per student contact hour for training
delivered by a certified AGENCY employee, for those AGENCIES having
a training staff conducting in-house training.
The AGENCY Agrees to:
A. Provide a course outline for each course taught.
B. Provide appropriate State Department of Education teacher
certification coverage for each instructor who teaches more
than 160 hours.
C. Provide documentation for each class: student registration
forms and attendance rosters.
D. Provide evaluation of courses taught by AGENCY trainers upon
completion of each course.
E. Provide matriculation fees to the PROVIDER of 36 cents per
hour for Florida residents and 72 cents per hour for non-
residents.
=:-
"
.
Addendum B
SCHOOL BOARD SUPPLIED INSTRUCTION
PART-TIME PROGRAMS
AGENCIES requiring a School Board instructor to provide classroom
training will agree to:
1. Provide matriculation fees to the PROVIDER of 36 cents per
hour for Florida residents and 72 cents per hour for non-
residents.
.,
.
~
Agenda Item No.:
AGENDA RBQOESl'
Date: July 16. 1991
Request to be placed on:
X Regular Agenda Consent
Special Agenda
Workshop Agenda When: July 23. 1991
Description of ite. (who, what I where I how much): Request City Commission
approval to renew the Trainin~ A~reement between the School Board of Palm Beach
County and the City of Delray Beach for ueriod July 1. 1991 t'hTn Tnnp 10, 1 qq?
(Example: '. Request from Atlantic High School for $2,000 to fund
project graduation).
ORDlRAllCEI RESOLU'l'IOH REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recnmmpnd ~ppTnv~l
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature:
City Attorney Review/ Rec Approved as to
Ie al suffic:tenc and form.
" .
Budget Dire~r ,Review (required on all iteas involving expenditure
of fundSI'j;, .~
, ,
Fun ing available: YES/ NO (From Departmental Travel and Training Accounts)
Funding alternatives: (if applicable)
Account No. & De~iPtion: /w"r
Account Balance: ~ ~7T' tL~~
City Manager Review:
Approved for agenda: ~ NO /~1
Hold Until: U
Agenda Coordinator Review:
Received:
Placed on Agend
Action:
~ ~~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY HANAGER M
SUBJECT: AGENDA ITEM # fE - MEETING OF JULY 23, 1991
REQUEST TO HOLD ~REcIAL EVENT/MT. OLIVE MISSIONARY BAPTIST
CHURCH
DATE: July 18, 1991
At your July 16th workshop meeting the Commission favorably considered
a request from Elder Leonard Johnson, Pastor of the Greater Mt. Olive
Missionary Baptist Church, for permission to hold a "Community Block
Party" in the church-owned parking lot on Friday, July 26, 1991
between the hours of 9 p.m. and 1 a.m. Therefore, this item is on
your agenda for formal approval of the event.
Recommend approval of a request to hold a "Community Block Party" in
the Mt. Olive Missionary Baptist Church parking lot on Friday, July
26, 1991 between the hours of 9 p.m. and 1 a.m.
- -
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~
RE: PROPOSED TEENAGE BLOCK PARTY/DELRAY MERCHANTS RESPONSE
DATE: JULY 17, 1991
ITEM BEFORE THE COMMISSION:
- -
Consideration of request from Elder Leonard Johnson, Pastor of
the Greater Mount Olive Missionary Baptist Church to host a
"Community Block Party" on Friday, July 26, 1991 between the
hours of 9:00PM and 1 : 0 OAM to address the teenage loitering
problem occurring on West Atlantic Avenue primarily on weekend
evenings. The proposed block party is to be hosted on the church
owned parking lot located on NW 4th Avenue. The use of amplified
music and speakers via microphone will be a part of this
activity.
BACKGROUND:
The City Commission heard a presentation from Pastor L. C.
Johnson detailing his concept of the "Community Block Party" at
its workshop meeting of Tuesday, July 16, 1991. By consensus
position, the Commission agreed to allow Pastor Johnson to host
the proposed activity as presented.
RECOMMENDATION:
We would recommend the City Commission approve the request from
Elder Johnson to host a "Community Block Party" on Friday, July
26, 1991 from 9: OOPM to 1 : OOAM in their Church parking lot,
directing the normal security measures be maintained.
B:BlockP.AGD/LB/Lr-2
.
~ .
. Agenda Item No.:
AGENDA REQOEST
Date: Julv 17. 1991
Request to be placed on:'
Regular Agenda Special Agenda Workshop Agenda
When: July 23, 1991 X Consent Agenda
Description of agenda item (who what, where, how much):
Community Block Party on July 26, 199i from 9:00PM to 1:00AM sponsored by the
Greater Mount Olive Missionary Baptist Church. Party to be held on the church owned
parking lot located on NW 4th Avenue.
ORDINANCE/ RESOLUTION REQOIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval of above Community Block Party.
Department Head Signature: ~~ '-'-
f
L
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: r!JY/ NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
@ r2PfU~ I bust at,
~
MEMORANDUM d cue />1t..f..5t -
TO: MAYOR AND CITY COMMISSIONERS ~~~:b\C\\
FROM: CITY MANAGERf:7t{
SUBJECT: AGENDA ITEM # <6t:=: - MEETING OF JULY 23, 1991
RESOLUTION NO. 57-91
DATE: July 18, 1991
This is a Resolution vacating and abandoning that portion of a sixteen
(16 ) foot alley lying between Lots 1,2, 11 and 12, Block 110 Town of
Linton, located on the south side of S.E. 1st Street between S.E. 5th
and 6th Avenues.
This resolution follows a request for abandonment from the owners of
the Bud's Chicken and Seafood Restaurant. Their development proposal
includes a replat of the five parcels adjacent to this alley way into
a single parcel. In order to accomplish this, abandonment of that
portion of abutting alley way is necessary.
With the site development for the Bud's project, the alley area will
be enlarged to 24 feet of pavement width from S.E. 1st Street south
through the site, and will taper to its existing width of 14 feet
along the remainder of Block 110. Replacement easements for existing
utilities and ingress/egress in the alley area will be accomplished
during the replatting process.
The City Engineer raised objections to the petition citing that
narrower easements will make repairs more difficult and expensive.
He also expressed concerns that permanent structures could be
constructed in the alley way. Those objections are not applicable to
this particular alley. The alley will be improved by being widened
and paved to City standards. All existing utilities will have
dedicated easements as required by the applicable utilities noted on
the proposed replat. There will be no structures or encroachments in
the alley way as it will be a paved area. The Planning and Zoning
Board at their July 15th meeting recommended approval of the
abandonment. The Community Redevelopment Agency at their June 13th
meeting did not object to the abandonment.
Recommend approval of Resolution No. 57-91 vacating and abandoning
that portion of a sixteen ( 16 ) foot alley lying between Lots 1, 2 , 11
and 12, Block 110 Town of Linton , subject to the replatting of the
adjoining lots on either side of the alley and that easement for
ingress/egress and utilities in the alley area be dedicated to the
public.
CITY COMMISSION (-1< '
Z7V/
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: July 23, 1991
AGENDA ITEM:
ITEM: Abandonment of a Portion of the Alley in Block 110, Town of Linton
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GENERAL DATA:
Owner...........................City of Delray Beach, Florida
Agent...........................Mike Brinkman, B-4 Partnership
Location........................On the south side of S.E. 1st
Street, between S.E. 5th Avenue
and S.E. 6th Avenue.
Property Size...................0.045 Acres
City Land Use Plan..............General Commercial
City Zoning.....................CBD (Central Business District)
Existing Land Use...............Paved alley
Development Proposal............Access to proposed restaurant,
is a condition of Site Plan
Approval.
Request.........................Abandonment of 16' center alley
in Block 110, Town of Linton.
. .
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: KATHLEEN E. DEARDEN, PLANNER II
DEPARTMENT OF PLANNING & ZONING
Q~~ k,G~b-
THRU: ID J. KOVACS, DIRECT R
DEPARTMENT OF PLANNING & ZONING
SUBJECT: MEETING OF JULY 23, 1991 **CONSENT AGENDA**
ABANDONMENT OF A PORTION OF THE ALLEY IN BLOCK 110,
TOWN OF LINTON
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
grantinq an abandonment of a portion of the alley in
Block 110, Town of Linton, in association with the
replat of Bud's Chicken & Seafood of Delray Beach,
final plat.
BACKGROUND:
The subject property is located between S.E. 5th Ave. and
S.E. 6th Ave., south of S.E. 1st St. The applicant is Bud's
Chicken & Seafood and they have petitioned the City to
abandoned the 16 foot alley between Lots 1, 2, 11 and 12, of
said Block 110.
The alley is improved through the entire block. The width
of the alley is 16 feet and existing overhead and
underground utilities are within it. There is an existing
14 feet of pavement within the alley and it services the
abutting properties within the block for access and trash
collection.
With the site development for the Buds' project, the alley
area will be enlarged to 24 feet of pavement width from S.E.
1st St. south through the site, and taper to its existing
width of 14 feet. With the increased use of the alley for
this site development, staff directed the owner to petition
for the abandonment of the alley in order to integrate both
sides of the site which the alley divided. There would then
. .
City Commission Documentation
Abandonment of a portion of the 16 foot alley
in Block 110, Town of Linton
Page 2
be an internal traffic circulation on both sides of the
alley as well as sufficient traffic circulation remaining
for the entire block. S.E. 1st St. is one way east, S.E.
5th Ave. is one way south, and S.E. 6th Ave. is one way
north. These one way traffic patterns lead to confusion for
unfamiliar drivers. Thereby maintaining the on site
circulation is essential to the entire block. As a
condition of the abandonment, the petitioner must provide a
replat of the site development, and provide replacement
easements for existing utilities and ingress/egress in the
alley area on the replat.
The abandonment petition was objected to by the City
Engineer. The reasons stated are as follows:
1. The narrower easement makes repairs more difficult
and often more expensive.
2. Although easements are supposed to be kept clear of
permanent structures, experience is that storage sheds,
trees, fences, hedges, etc. are routinely constructed
in these areas. Again, this makes repair/replacement
of City Facilities all but impossible by all but the
most expensive methods.
Relative to the City Engineers' objection, this particular
alley is not applicable to the stated objections. The alley
will be improved by being widened and paved to City
Standards. All existing utilities will have dedicated
easements as required by the applicable utilities noted on
the proposed replat. There will be no structures or
encroachments in the alleyway as it will be a paved area.
The City Engineers' objection seems more applicable to
residential properties where utilities are located in
backyards, which when abandoned, become occupied by
structures and maintenance becomes difficult to provide.
The petition for abandonment is complete and is ready for
City Commission action.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this abandonment
request at their meeting of July 15th. The Board
recommended approval of the alley.
OTHER AGENCY CONSIDERATIONS:
The C.R.A. reviewed this abandonment request at their
meeting of June 13th. The Board had no objection.
City Commission Documentation
Abandonment of a portion of the 16 foot alley
in Block 110, Town of Linton
Page 3
FINDINGS:
Pursuant to Section 2.4.6(O)(S)(a through c) all findings
will be meet as per the conditions of approval of the
abandonment.
RECOMMENDED ACTION:
By motion, granting the abandonment of that portion of the
16 foot alley between Lots 1, 2, 11 and 12, Block lID, Town
of Linton, more particularly described in Resolution 91 -
with the following conditions:
1. The adjoining lots on either side of the alley to be
abandoned will be replatted.
2 . Easements for ingress/egress and utilities in the alley
area be dedicated to the public on the replat.
Attachment:
* Reduction copy of the portion of alley to be
abandoned.
* Copy of the Resolution of Abandonment to be provided by
the City Clerk's Office
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RESOLUTION NO. 57-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING
THAT PORTION OF A SIXTEEN (16) FOOT ALLEY LYING
BETWEEN LOTS 1, 2, 11 AND 12, BLOCK 110, TOWN OF
LINTON, AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID
PROPERTY BEING LOCATED ON THE SOUTH SIDE OF S.E.
1ST STREET, BETWEEN S.E. 5TH AVENUE AND S.E. 6TH
AVENUE.
WHEREAS, B-4 Partnership, a Florida general
partnership, is the fee simple owner of Lots 1, 2, 3, 11 and 12,
Block 110, CITY OF DELRAY BEACH (formerly Town of Linton),
Florida, according to the Plat thereof on file in the Office of
the Clerk of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 1, Page 3; LESS and except the
East 5 feet of Lots 11 and 12, Block 110, Delray Beach, formerly
Linton, Florida, according to plat thereof recorded in Plat Book
1 at Page 3, Palm Beach County Public Records; and, LESS and
except a parcel of land in Lot 11, Block 110, Delray Beach,
formerly Linton, Florida, according to the plat thereof recorded
in Plat Book 1, Page 3, Palm Beach County Public Records, more
particularly described as follows: From a point on the North
line of said Lot 11, located 5 feet westerly from the N.E. corner
of said Lot 11, run westerly along said North line for 14.78
feet; thence run southeasterly along a curve concave to the
southwest and having a radius of 15 feet for 23.34 feet through a
central angle of 89 degrees 09 minutes 00 seconds to a point on a
line parallel to and 5 feet westerly from the East line of said
Lot 11; thence run North 01 degrees 08 minutes 35 seconds West
for 14.78 feet along said parallel line to point of beginning;
and, LESS and except the West 10 feet of Lot 1, 2 and 3, Block
110, Delray Beach, formerly Linton, Florida, according to the
plat thereof as recorded in Plat Book 1, Page 3, Palm Beach
County Public Records; and, LESS and except a parcel of land in
Lot 1, Block 110, Delray Beach, formerly Linton, Florida, as
recorded in Plat Book 1, Page 3, Palm Beach County Public
Records, more particularly described as follows: From a point on
the North line of said Lot 1, located 10 feet easterly from the
N.W. corner of said Lot 1, run easterly along said North line for
15.22 feet; thence run southwesterly along a curve concave to the
southeast and having a radius of 15 feet for 23.79 feet, through
a central angle of 90 degrees 51 minutes 00 seconds to a point on
a line parallel to and 10 feet easterly from the West line of
said Lot 1; thence run North 1 degree 08 minutes 35 seconds West,
along said parallel line for 15.22 feet to point of beginning.
WHEREAS, Mike Brinkman, as duly authorized partner of
B-4 Partnership, a Florida general partnership, has made
application for abandonment of that portion of the sixteen (16)
,
" ,
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foot alley lying between Lots 1, 2, 11 and 12 of Block 110, Town
of Linton, as recorded in Plat Book 1, Page 3, of the Public
Records of Palm Beach County, Florida; and,
WHEREAS, the City Commission of the City of Delray
Beach, Florida, finds that the alley will be improved by being
widened and paved to City standards, subject to replacement
easements being provided through the replat of Bud's Chicken and
Seafood Restaurant for ingress/egress and utilities dedicated to
the public,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and
Chapter 166 of the Florida Statutes, it is hereby determined to
vacate and abandon all right and interest it holds to the
following described real property:
A parcel of land lying in the City of Delray
Beach, Palm Beach County, Florida, said parcel
being a portion of Section 16, Township 46 South,
Range 43 East, being also that portion of the 16
foot alley lying west of and adjacent to Lots 11
and 12, Block 110, CITY OF DELRAY BEACH (formerly
Town of Linton), as recorded in Plat Book 1, Page
3 of the Public Records of Palm Beach County,
Florida, said parcel being more fully described as
follows:
Begin at the Southwest corner of Lot 12, Block
110, CITY OF DEL RAY BEACH (formerly Town of
Linton), as recorded in Plat Book 1, Page 3 of the
Public Records of Palm Beach County, Florida;
thence North 00 degrees 00 minutes 00 seconds
East, an assumed bearing, along the West line of
Lots 11 and 12 of aforesaid Block 110, 122.46 feet
to a point of intersection with the south
right-of-way line of Southeast 1st Street, said
point being also the northwest corner of aforesaid
Lot 11; thence North 89 degrees 09 minutes 00
seconds West, along said south right-of-way line,
16.00 feet to the northeast corner of Lot 1 of
aforesaid Block 110; thence South 00 degrees 00
minutes 00 seconds West, along the East line of
Lots 1 and 2 of aforesaid Block 110, 122.70 feet
to a point; thence South 90 degrees 00 minutes 00
seconds East, 16.00 feet to the point of beginning
of the herein described parcel. Containing 1,961
square feet.
PASSED AND ADOPTED in regular session on this the 23rd
day of July, 1991.
MAYOR
ATTEST:
City Clerk
.
- 2 - RES. NO. 57-91
,,;..
, . ~~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF JULY 23, 1991
FINAL PLAT APPROVAL/BUD'S CHICKEN AND SEAFOOD RESTAURANT
DATE: July 18, 1991
We have received a request for final plat approval for Bud's Chicken
and Seafood of Delray Beach located between S.E. 5th and 6th Avenues,
south of S.E. 1st Street. The final plat is required as a condition
of issuance of a Certificate of Occupancy. The platting action takes
five lots (Lots 1, 2, 3, 11, 12 of Block 110 ) and the abutting alley
and combines them into one parcel. Separately, the applicant has
requested abandonment of that portion of the alley way which abuts
these lots. That action is on your agenda as a separate action item.
As this project was permitted under the old Zoning Code, and is under
5,000 square feet, site plan approval is not required. However, upon
revievl of the plans for permitting, it was discovered that additional
right of way was required for S.E. 1st Street and that a replat of the
land would be required in order to combine the lots and provide the
right of way dedication. All conditions of the permitting have been
addressed and the plat is ready for Commission action.
The Planning and Zoning Board does not review boundary plats.
CITY COMMISSION '//
!;A I
CITY OF DELRA Y BEACH ---STAFF REPORT---
MEETING DATE: July 23, 1991
AGENDA ITEM:
ITEM: Final Plat for Bud's Chicken & Seafood of Delray Beach
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GENERAL DATA:
Owner...........................Mike Brinkman, B4 Partnership
Agent...........................Kevin M. Cornell
Location........................On the south side of S.E. 1st
Street, between S.E. 5th Avenue
and S.E. 6th Avenue.
Property Size...................O.89 Acres
City Land Use Plan..............General Commercial
City Zoning.....................CBD (Central Business District)
Existing Land Use...............Vacant (Under Construction)
Development Proposal............Restaurant
Water Service...................8" water main within center
alley.
Sewer Service...................8" sanitary sewer line within
center alley.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: KATHLEEN E. DEARDEN, PLANNER II
EPARTMENT OF PLANNING AND ZONING
,OJ.-'J J ~U~
DAVID J. KOVACS, DIRECTOR,
PLANNING & ZONING DEPARTMENT
SUBJECT: MEETING OF JULY 23, 1991 **CONSENT AGENDA**
FINAL PLAT FOR BUD'S CHICKEN & SEAFOOD OF DELRAY
BEACH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat of Buds Chicken & Seafood Of
Delray Beach.
BACKGROUND:
The property is located between S.E. 5th Ave. and S.E. 6th
Ave. , south of S.E. 1st St. The land exists as 5 platted
lots of record, divided by a 16 foot alley.
The owner has petitioned to the City for the abandonment of
the alley in order to incorporate that portion of the alley
into the site plan. The existing 5 lots and alley have been
proposed to be combined as one parcel on the subject replat.
The alley is to be widened to 24 feet and utilized as a part
of the traffic circulation for the land on either side of
the alley. The alley will maintain its function as an
access drive for the entire block as it is dedicated for
ingress/egress to the publicton the replat. The maintenance
of paving and drainage however, will become the
responsibility of the owner.
The project was permitted under the old code, prior to the
L.D.R. 's, so, there was no site plan approval. Upon review
of the plans for permitting the owner was informed that
additional right of way was required for S.E. 1st st. and
that a replat of the land would be required in order to
combine the lots and provide the right of way dedication.
The requirement for the replat was made as a condition of
granting a certificate of occupancy. The building is under
City Commission Documentation
Final Plat, Bud's Chicken & Seafood of Delray Beach
Page 2
construction at this time.
All conditions of the permitting have been addressed and the
plat is ready for City Commission approval.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board does not review boundary
plats.
FINDINGS:
As a boundary plat, a finding must be made in regards to the
final plat being consistent with the approved site and
development plan. Since this project was permitted prior to
L.D.R. 's, as it was less than 5,000 s.f. floor area, no site
plan approval was required.
RECOMMENDED ACTION:
By motion, approval of the final plat for Bud's Chicken and
Seafood of Delray Beach.
Attachment:
* Reduction copy of plat
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MEMORANDUM
'1'0 : MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[I)v1
SUBJECT: AGENDA ITEM # "15" t\ - MEETING OF JULY 23, 1991
AWARD OF BIDS AND CONTRACTS
DATE: July 18, 1991
This item is before you to approve the award of the following bids and
contracts:
1. Auto Parts- Vehicle Maintenance- Various Vendors in an
estimated annual amount of $37,675 with funding from various
Departmental Line Numbers/Vehicle Repairs - Garage (Account No.
000-0000-000-33.34) .
Recommend approval of the award of the above bid with funding as
indicated.
, .
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer .~~
DATE: July 16, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JULY 23, 1991 - BID AWARD - BID #91-58
AUTOMOTIVE PARTS - ANNUAL CONTRACT
Item Before City Commission:
The City Commission is requested to make multiple awards to vendors
as listed ~elow, at. an. estimated annual cost of $37,675. Per ~the
Bu~et Ofhce, fund1ng 1S from: V.. L:... s '\'f,..6J-.,_-fIlP J-:iJ.JLJ 33.31/
( ~;.I.~ ~,,~... -~..ur.b~ , ).
Background: ~.l.'.JI'A :J.i-
The Central Garage has neea--or-an annual contract for automotive
parts with funding from the various departments operating expenses
budget.
Bids for this contract were received on June 13, 1991 from eight (8)
vendors, all in accordance with City purchasing procedures. (Bid
#91-58. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
The Fleet Maintenance Superintendent has reviewed the bids, and
recommends multiple awards, per attached memo and highlighted tab
sheet. Groups I-X are specified to be awarded to one vendor. Group
XI is awarded by item to various vendors as highlighted on tab
sheet.
Group Vendor Amount
I Palm Beach Brake $3,877.08
II B & D Auto Parts 1,028.52
III S & H Distributors 2,275.08
IV NAPA Auto Parts 291.00
V A to Z Auto Parts 3,491.40
VI A to Z Auto Parts 4,237.72
VII S & H Distributors 128.40
VIII A to Z Auto Parts 7,614.36
IX A to Z Auto Parts 9,232.68
X A to Z Auto Parts 630.24
XI A to Z Auto Parts 906.11
NAPA Auto Parts 1,362.92
B & D Auto Parts 732.24
Palm Truck 346.68
S & H Distributors 1,521.45
Bid 1191-58
Page 2 Memo - Continued
Recommendation:
Staff recommends multiple awards to vendors as stated above. at an
estimated annual cost of $37,675. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from Fleet Maintenance
pc Jerry Rude
'.
I', [ 1"1 o P ~, N [) U fVj
TO: Ted Glas, PurchaSIng Officer
THP,OUGH: John w. Elliott, ,] r. , Assistant CIty Manager!
Management Services
FROM: Jerry'Rude, Super~intendent . Fleet Maintenanc
DATE_ July 16, 1991
SUBJECT: Automotive Part, Annual Contract
Bid it 91-58
Recommendations for multiple aw;3. rds to low bidders, meeting
specifications as stated below:
EstImated
Annual
(;QrnrnP<:l Lt.y Vf$,n9p r C:,:,.Q.:?t
Group I (Filters) Palm Beach Brake $ 3,877.08
G I'OUp II (Belts/Hoses) B & D 1,028.52
Group III (Lenses/Lights) S & H 2,275.08
G ,'oup IV (Spark Plugs) Napa Auto Parts 291. 00
Group V (Ignition) A to Z 3,491.40
GI'OUp VI (l'1isc. Electl^ic) A to Z 4,237.72
Group VII (Grease Seals) S & H Distributol's 128.40
G,.'oup VIII (Brakes/Car/Truck) A to Z 7,614.36
Group IX (A/C Cooling) A to Z 9,232.68
G "oup X (Wheel Pal'ts) A to Z 630.24
Group XI (Miscellaneous)
(For items as highlighted on tab sheet)
A to Z 906.11
Napa Auto Parts 1,362.92
B & D 732.24
Palm Truck 346.68
S & H 1.521.45
Total Estimated Annual Cost $37,675.88 ...
Justification as follows for awa I'd i ng to other than low bidder ln
items listed below:
Item #236 - Tie Bid awarded to 8 & D (local vendor)
Item #246 - A to Z lowest bidder on all other hoses ( i t e nl ' s ::>40
through 245 and 247) and local vendo r .
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. . '
Agenda Item No. :
AGENDA REQUEST
Date: 07/16/91
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: July 23. 1991
Description of agenda item (who, what, where, how much): Bid Award -
Automotive Parts - Annual Contract
Rit1 :/fQl-'l8
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Multiple awards per memo of recommendation. at an estimated
annual cost of $37.675. rt /
It
~,/
I
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds) t::"..p.;A,
Fun ing available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Des~iPtion: /..:"'<"S - ~Ja.3'-1
Account Balance: "Z. L:o u ~ ~ 1A"'~-.I
City Manager Review: lI..u..:eJ<.- ~J.!~
Approved for agenda: @/ NO tM
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
"<~
. ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[,~
SUBJECT: AGENDA ITEM # q A - MEETING OF JULY 23, 1991
ACCEPTANCE OF REPORT OF APPEALABLE LAND USE ITEMS
DATE: July 18, 1991
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period July 9th
through July 22nd. The following actions were considered during this
reporting period:
Planning and Zoning Board:
-Recommended approval of abandonment of an alleyway, Block
62, Town of Linton (Sundy property). Requires Commission
action following preparation and review of a subdivision
plat.
-Recommended approval of a LDR Text Amendment regarding
allowable conditional uses in the Community Facilities
district.
-Recommended approval of a conditional use request for
Stillwater Cruise boat operation at Veterans Park.
-Recommended approval of an abandonment of an alleyway, Block
1101 Town of Linton (Bud's Chicken and Seafood).
The Planning and Zoning Board will hold a meeting on July 22, 1991. A
report of the action on the items listed below will be provided prior
to or at your Tuesday evening meeting:
-Public hearing regarding special relief (parking) under the
Congress Avenue widening provisions for Watchel Industrial
site located at 175 S. Congress Avenue.
-Preliminary plat for the Griffin Gate Subdivision, located
on the east side of Swinton Avenue, south of 4th Street.
Site Plan Review and Appearance Board:
-Approved the architectural elevations plan for the Water
Treatment Plant expansion.
-Approved the architectural elevation plans for building
additions to the Delray Lincoln Mercury Dealership.
-Approved, as a non-impacting modification, the architectural
elevation and landscaping plans for a service building
addition to the Delray Mazda.
-Approved the final site plan, landscape plan and
architectural elevations for the Historic Executive Suites of
Delray.
-Approved, as a non-impacting modification, the architectural
elevation plans and landscape plans for building additions to
the Prudential Building Material Warehouse (formerly Mack
Industries) .
Historic Preservation Board:
AGENDA REPORT
Meeting of7j23/91
-Approved the site plan, architectural elevation and
landscape plan for Chapman Optometrist Officei granted a
Certificate of Appropriateness for the site, landscape and
architectural plan and for a free standing signi recommended
that relief be granted to either allow two parking spaces to
encroach into the front yard or be relocated north of the
building and placed in stabilized sod area.
-Approved a minor site plan modification, elevation plan, and
granted a Certificate of Appropriateness for a deck addition
for Brandy's Waterside Cafe (formerly Bridge Restaurant).
-Approved a major site plan modification, landscape plan, and
granted a Certificate of Appropriateness for the expansion of
parking for the Boyd Commercial Building and Brandy's
Waterside Cafe. Also waived the requirement for the 10 foot
dedication of right-of-way for Palm Square.
Additionally, the Board unanimously recommended that the State
historic marker commemorating the Sterling Commissary and the Casa Del
Rey Hotel be located in Worthing Park. This is a non-appealable item,
and is being provided for informational purposes only.
A detailed staff report is enclosed as backup material for this item.
- 2 -
01(
frf1
C I T Y COM MIS S ION DOCUMENTATION
TO: ID HARDEN, CITY MANAGER
THRU: ID~J0OOlkeR
DEPARTMENT OF PLANNING AND ZONING
!::?~ ~
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF JLUY 23, 1991
REPORT OF APPEALABLE LAND USE ITEMS
JULY 9, 1991 THRU JULY 22, 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 July 9, 1991, through July 22,
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
July 9, thru July 22, 1991
Page 2
PLANNING AND ZONING BOARD MEETING OF JULY 15, 1991
Although final action on the following abandonment petition rests
with the City Commission, action on this item before the
Commission will be delayed as the preparation and review of a
subdivision plat must occur prior to consumation of the
abandonment. Objections, if any, to the proposed abandonment
should be noted at this time.
1. Abandonment of Alleyway, Block 62, Town of Linton (Sundy
Property (Recommended approvalS to 0 vote).
Additionally, the Board considered the following items which will
be before the City Commission at its July 23rd meeting:
2. LDR Text Amendment regarding allowable conditional uses in
the Community Facilities district (Recommended approval 5 to
o vote).
3. Conditional Use request for Stillwater Cruise Boat Operation
at Veterans Park (Recommended approval 5 to 0 vote)
4. Abandonment of Alleyway, Block 110, Town of Linton (Bud's
Chicken and Seafood) (Recommended approval 4 to 0 vote).
PLANNING AND ZONING BOARD MEETING OF JULY 22, 1991
There are two action items which will be considered by the Board.
The specific Board actions will be distributed at the City
Commission meeting. These are:
1. Public hearing regarding special relief under the
Congress Avenue widening provisions for the Watchel
Industrial (MIC) Site, 175 S. Congress Avenue. The
relief being sought relates to parking requirements,
namely,
* a reduction in the dimensions of standard
parking stalls;
* to exceed the maximum percentage allowed for
compact car spaces.
* the elimination of wheel stops for certain
parking spaces
* a reduction in the required width of a one-way
parking aisle.
2. Preliminary Plat for the Griffin Gate Subdivision,
located on the east side of Swinton Avenue, south of
4th Street. The proposal is to create 6 individual
lots, three of which will accommodate duplex units with
the remainder in single family units.
" I~
City Commission Documentation
Report of Appealable Land Use Items
July 9, thru July 22, 1991
Page 3
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JULY 17, 1991
1- Approved the architectural elevations plan associated with
the Water Treatment Plant expansion located on the north
side of S.W 7th Street, between S.W. 2nd and 4th Avenues
(Vote 5 to 0) . The site plan was approved at the Board's
July 3rd meeting and was previoulsy reported to the City
Commission.
2. Approved the architectural elevation plans associated with
the construction of a two-story service building, a one
story showroom and extension of the existing customer
write-up canopy for the Delray Lincoln Mercury Dealership on
South Federal Highway (Vote 5 to 0) . The associated site
plan and landscape plan will be considered by the Board at
its July 31st meeting.
3. Approved the architectural elevation and landscaping plans
associated with a 696 sq. ft. service building addition for
Delray Mazda, located at the southeast corner of Tropic
Boulevard and S. Federal Highway - Old Toyota site
(Vote 5 to 0). The site plan was approved as a non-impacting
modification.
4. Approved the final site plan, landscape plan and
architectural elevations for the Historic Executive Suites
of Delray located at 72 S.E. 6th Avenue (Vote 6 to 0).
5. Approved the architectural elevation plans and landscape
plans associated with building additions for Prudential
Building Material Warehouse, former Mack Industries, located
on the south side of N.W. 2nd Street between 1-95 and the
CSX Railroad (Vote 6 to 0). The site plan was approved as a
non-impacting modification.
No other appealable items.
HISTORIC PRESERVATION BOARD MEETING OF JULY 17, 1991
1- Approved the site plan, architectural elevation and
landscape plan for Chapman Optometrist Office, located at
102 N.E. 4th Street, to allow the conversion of a
residential structure to a office use (Vote 5 to 0) .
Concurrently, the Board granted a Certificate of
Appropriateness for the site plan, landscape plan,
architectural plan and free standing sign. The Board
unanimously recommended to the Planning Director that
Administrative Relief not be granted to allow two parking
spaces to encroach into the front yard. The Board
recommended as an alternative that the parking spaces be
relocated north of the building and be placed in stabilized
sod.
City Commission Documentation
Report of Appealable Land Use Items
July 9, thru July 22, 1991
Page 4
2. Approved a minor site plan modification, and elevation plan
and concurrently granted Certificate of Appropriateness
associated with a 1775 sq. ft. dining deck addition for
Brandy's Waterside Cafe (Old Bridge Restaurant), located
south of Atlantic Avenue, east of Palm Square (Vote 5 to 0).
3. Approved a major site plan modification and landscape plan
and concurrently granted Certificate of Appropriateness
associated with the expansion of parking for the Boyd
Commercial Building and Brandy's Waterside Cafe, located on
the south side of Atlantic Avenue east of Palm Square
(Vote 5 to 0) . Also, the Board unanimously waived the
requirement for the 10' dedication of right-of-way for Palm
Square.
The following is not an appealable item, however a summation of
the Board's action is provided for information. This item will be
forwarded to the City Commission as a separate agenda item.
1- The Board unanimously recommended that the State historic
marker commemorating the Sterling Commissary and the Cas a Del
Rey Hotel be located in Worthing Park.
No other appealable item.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachments: Location Maps
JA/#58/CCJU1.TXT
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!f?J/
SUBJECT: AGENDA ITEM # ql3 - MEETING OF JULY 23, 1991
RESOLUTION NO. 58-91/REQUEST TO EXPAND THE CHARGE OF THE
CHARTER REVISION COMMITTEE
DATE: JULY 19, 1991
On June 11, 1991, the City Commission adopted Resolution No. 50-91
establishing a Charter Revision Committee. As stated in Section 3 of
that resolution, in accordance with direction received from the
Commission at the June 4, 1991, workshop, the sole charge and purpose
of the committee was to review the City's Charter with respect to the
issue of length of term and number of terms to be permitted for
Mayor/Commissioners and to formulate recommendations regarding same.
The Charter Revision Committee held its first meeting on Thursday,
July 11, 1991, at which time an interest was expressed in expanding
- the committee's charge beyond that set forth in Resolution No. 50-91.
A motion was made and unanimously carried to approach the City
Commission about expanding the study to include, in addition to the
original charge, the following issues:
(1) Qualifications of candidates for office;
(2) Clear enumeration of seat numbers within the City's Charter;
and,
(3) Continuance of second nonpartisan elections (i.e., the
question of plurality vs. majority to elect in first
nonpartisan election; plurality defined as the excess of
votes received by the leading candidate, in an election
where there are three or more candidates, over those
received by the next candidate, distinguished from majority
which is defined as a number of voters or votes constituting
more than half of the total number).
Mrs. Ingrid Eckler, Chairperson, will be present to address the
Commission regarding the Charter Revision Committee's request.
Should the City Commission wish to expand the charge of the Charter
Revision Committee, Resolution No. 58-91 should be adopted by motion.
Recommend consideration of the Charter Revision Committee's request to
expand their stated charge.
.
RESOLUTION NO. 58-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO.
50-91 WHICH ESTABLISHED A CHARTER REVISION
COMMITTEE FOR THE SOLE PURPOSE OF REVIEWING THE
CITY'S CHARTER WITH RESPECT TO THE ISSUE OF LENGTH
OF TERM AND NUMBER OF TERMS TO BE PERMITTED FOR
MAYOR/COMMISSIONERS, BY AMENDING SECTION 3 OF
RESOLUTION NO. 50-91 WHICH PROVIDES FOR THE SOLE
CHARGE AND PURPOSE OF SAID CHARTER REVISION
COMMITTEE, BY EXPANDING THE CHARGE OF THE
COMMITTEE TO INCLUDE A REVIEW OF THE CITY'S
CHARTER WITH RESPECT TO QUALIFICATIONS OF
CANDIDATES FOR OFFICE, ENUMERATION OF SEAT
NUMBERS, AND THE CONTINUANCE OF SECOND NONPARTISAN
ELECTIONS.
WHEREAS, in regular session on June 11, 1991, the City
Commission adopted Resolution No. 50-91 which established a
Charter Revision Committee for the sole purpose of reviewing the
City's Charter with respect to length of term and number of terms
to be permitted for Mayor and Commissioners and to formulate
recommendations regarding same for report to the Commission; and,
WHEREAS, by formal motion made and unanimously carried
at the Charter Revision Committee meeting held on July 11, 1991,
the Committee has requested that the City Commission expand the
scope of the Charter Revision Committee's charge to include
qualifications of candidates for office, enumeration of seat
numbers, and the continuance of second nonpartisan elections;
and,
WHEREAS, the City Commission, having considered the
matter, deems it to be in the best interest of the City to so
expand the charge of the Charter Revision Committee,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 3 of Resolution No. 50-91 be,
and the same is hereby amended to read as follows:
Section 3. That the sole charge and purpose of
said Charter Revision Committee shall be to review
the City's Charter with respect to the following
issues: 0f (1) length of term and number of terms
to be- permitted for Mayor/Commissioners; (2)
qualifications of candidates for office; (3)
enumeration of seat numbers; (4) the continuance
of second nonpartisan elections; and to formulate
recommendations to the City Commission.
.
Section 2. That all other provisions contained in
Resolution No. 50-91 shall remain in full force and effect.
Section 3. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 23rd
day of July, 1991.
MAY 0 R
ATTEST:
City Clerk
- 2 - RES. NO. 58-91
.
. . ~ 6-0
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: - MEETING OF JULY 23, 1991
AGENDA ITEM # q
REQUEST TO HOLD SPECIAL EVENT/PHI BETA SIGMA FRATERNITY
DATE: JULY 18, 1991
We have received a request from Phi Beta Sigma Fraternity, Inc.
to hold a scholarship fundraiser on Friday, July 26, 1991, from
5:00 p.m. to 8:00 p.m. The event includes a fish fry and a live
broadcast by WEDR Radio. The event will take place on private
property located at 404 West Atlantic Avenue adjacent to His and
Hers Hair Creations.
While the Land Development Regulations do not require Commission
approval for such activities held on private property, this item
is being brought before you because of the amplifiers,
microphones and other speakers which will be used during the
event. Additionally, it should be noted that this activity is
proposed for the same evening as the "Community Block Party"
being sponsored by Mount Olive Missionary Baptist Church and set
to begin at 9:00 p.m.
Staff has reviewed this request and recommends approval.
Security arrangements are being made separately with the Police
Department.
Recommend approval of the request from Phi Beta Sigma Fraternity,
Inc. to hold a scholarship fundraiser on Friday, July 26, 1991,
from 5:00 p.m. to 8:00 p.m. on private property (vacant lot)
adjacent to His and Hers Hair Creations located at 404 West
Atlantic Avenue.
- .
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER ~
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: REQUEST TO HOLD SPECIAL EVENT ACTIVITY/PHI BETA SIGMA
FRATERNITY, INC. = FRIDAY, 7/26/91 -
DATE: JULY 17, 1991
ITEM BEFORE THE CITY COMMISSION:
- --
Request from Phi Beta Sigma Fraternity, Inc. to hold a
Scholarship fundraiser in the form of a "Fish Fry" on Friday,
July 26th between the hours of 5:00PM to 8:00PM. Radio
personalities of WEDR (Miami) will provide a live broadcast from
the event for 1 1/2 hours. Other personalities have been invited
to provide positive reinforcement of the Fraternity's anti-drug
posi tion. The event is proposed to take place on the vacant lot
adjacent to His & Hers Hair Creations located at 404 W. Atlantic
Avenue.
BACKGROUND:
This special event activity is presented for City Commission
consideration. Although the LDR's do not require City Commission
approval for such an activity since the entire activity will be
held on private property, the use of amplifiers and microphones
for proposed radio broadcasting and other speakers is brought to
your attention. Additionally, the activity is proposed for the
same day of the "B lock Party" sponsored by Mt. Olive Baptist
Church which is to occur from 9:00 PM to 1:00 AM. The Fraternity
gives out several scholarships annually to eligible minority
graduating seniors.
RECOMMENDATION:
We would recommend City Commission approval for the proposed
"Fish Fry" fundraiser sponsored by the Phi Beta Sigma Fraternity,
Inc. , for proposed hours and location.
LB:DQ
.
LB2
Clay.CC
. . ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf~1
SUBJECT: AGENDA ITEM # '7 ~ - MEETING OF JULY 23, 1991
SELECTION OF ARCHITECTURAL CONSULTANTS
DATE: July 181 1991
This item is before you to approve the ranking of the top two
architectural firms and to authorize staff to negotiate contracts for
architectural design services. Consulting architectural services will
be used to implement the Comprehensive Plan, Decade of Excellence Bond
projects, and Water and Sewer Revenue Bond projects. These proposed
projects include Fire Station No.5, miscellaneous park improvements I
miscellaneous City and Utility building improvements.
Seven firms were interviewed and ranked as follows:
1. Robert S. Walters, AlA, P.A.
2. David Miller and Associates
3. Barretta and Associates
4. JHG/Bremmer and Jones
5. Acia Associates
6. Boyle Engineering Corporation
7. Ocampo and Associates
Recommend approval of the ranking of the top two firms, Robert S.
Walters, AlA, P.A. and David Miller and Associates and authorize staff
to negotiate contract for architectural design services.
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER $#UJ
THRU: WILLIAM H. GREENWOOD
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: MARK A. GABRIEL, P.E.~
ASST. DIRECTOR OF ENV R MENTAL SERVICES/CITY ENGINEER
DATE: JULY 11, 1991
SUBJECT: ARCHITECTURAL SELECTION
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Selection Committee:
William H. Greenwood, Director of Environmental Services
Mark A. Gabriel, P.E., Asst. Director of Environmental
Services/City Engineer
Jerry Sanzone, City of Delray Beach, Building and
Inspection Administrator
Bill Wilsher, Chairman, City of Delray Beach, Site Plan Review
Board
Jerry DeMarco, Professor of Architecture, University of
Miami
The above referenced selection Committee met this date and
ranked the firms which had submitted for the Architectural work
as follows:
1. Robert S. Walters, AlA, P.A.
2. David Miller and Assoc.
3. Barretta & Associates
4. JHG/Bremmer & Jones
5. Acia Associates
6 . Boyle Engineering Corp.
7 . Ocampo and Assoc.
Page 1 of 2
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Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: July 10, 1991
X Regular Agenda ____Special Agenda ____Workshop Agenda
---- When: July 23, 1991
Description of agenda item (who, what, where, how much)
Request Commission to approve selection and authorize staff to contract
with Robert S. Walters, AlA, PA and David Miller and Assoc. to prov1de
Architectural Design Services to the City under a General Consult1ng
Agreement. Selection was preformed in accordance with Consultants
Competitive Negotiations Act.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends commission approval
~~~$~~~t ~~~"~I~~lN~~
Department Head Signature: -14/,1 !!i rJ~ U~ ~~(J 7,/;//7'/
Determination of Consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ~/NO f~1
Hold until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
Attached for your review are copies of the individual score
sheets and the primary sheet.
Staff recommends that Commission be requested to approve
contracts with Robert S. Walter, AlA, P.A., and David Miller and
Associates.
If this is acceptable to you, I have attached a Agenda request
form.
Please advise for my information. If you have any questions
please call.
MAG: kt
Attachment
MGDH711.kt
File: 91-44 "D"
. - _.-
, Page 2 of 2
.
.
LEGAL NOTICE
CITY OF DELRAY BEACH, FLORIDA
Request for Qualifications
General Engineering, Architectural and Survey Services
#91-29
Pursuant to Florida Statutes Section 287.055, the City of Delray
Beach is seeking to engage one or more consulting engineering,
architectural, and surveying firms in each of the following
disciplines.
0 General Civil Engineering
0 Sanitary/Environmental Engineering
0 Surveying
0 Architectural
0 Value Engineering
The selected firms shall prepare studies, designs, provide
services during bidding and construction and other related
services in assisting the City in the implementation of its
Comprehensive Plan, Decade of Excellence Program, and Water and
Sewer Revenue Bond Projects.
Qualified firms should submit a written request for a
Qualifications Package from the City of Delray Beach,
Environmental Services Department, 100 N. W. 1st Avenue, Delray
Beach, Florida 33444 indicating the disciplines for which they
wish to be considered. Letters are due back by February 7, 1991.
Eight (8) copies of the completed Qualifications Package shall be
submitted to Mr. Ted Glas, Purchasing Director, City of Delray
Beach, lOO N. W. 1st Avenue, Delray Beach, Florida 33444 no later
than the time and date indicated in the Qualifications Package.
SELECTION P~OCEDURES
Selection will be in accordance with the Consultant's Competitive
Negotiation Act of 1973 (including 1988 Supplement), Section
287.055, 'Florida Statutes. The Selection Committee shall
evaluate the qualifications submitted by the firms to develop a
short-list. The Selection Committee will require public
presentations by no less than three (3) firms regarding their
q~alifications, approach to the project, and the ability to
furnish the required services.
1 of 2
.
SELECTION PROCEDURE (Continued)
The Selection Committee will evaluate all proposals received and
select the respondents considered best qualified to serve the
City's interest for these assignments.
Ranking of firms and final selection will be based on the
following criteria:
0 Reputation and past performance of the firm and project
staff on similar assignments.
0 Experience and resources of the firm in the areas of
interest in South Florida.
0 Experience of the client representative and staff who
will be assigned to the project.
0 General approach of the firm for successfully carrying
out the projects.
0 Quality of the submittal and presentation by the firm.
0 Location of Office.
ANTICIPATION OF SERVICES
All questions and request for information in connection with this
request for qualifications and selection procedure shall be
directed to Mr. Mark A. Gabriel, P.E., Asst. Director of
Environmental Services Department/City Engineer at
(407) 243-7322.
PUBLIC ENTITY CRIMES
A fully executed sworn statement concerning Public Entity Crimes
is required by Florida Statutes, Section 287.l33(3)(a) and will
be required before a contract is executed.
2 of 2
~~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJ;w1
SUBJECT: AGENDA ITEM # Cf E:. - MEETING OF JULY 23, 1991
RENEWAL OF REVISED CABANA AGREEMENT
DATE: July 19, 1991
This item is before you to approve the renewal of a revised agreement
for cabana service at the beach with Flamingo Cabanas, Inc. The
revised agreement includes a provision to eliminate the CPI formula
for calculating license payments to the City, and instead substitutes
a flat monthly license payment of $2,010 for the remainder of the
contract.
The City received approximately $5,000 annually for cabana license
privileges prior to entering into the agreement with Flamingo Cabanas,
Inc. in 1988; therefore, staff recommends that the agreement be
renewed rather than soliciting bids for these services. Further, it
should be noted that in 1988/89 and in 1989/90, Flamingo Cabanas paid
us approximately 29% and 27%, respectively, of their gross revenues.
The revised contract also provides that the contractor shall furnish
to the City a schedule of rental charges on all equipment, which shall
be posted in a conspicuous place at the public beach, in a form and
location approved by the City Manager. And, that prior to posting the
rental charge schedule or imposing rental charges encompassed in the
schedule, the rates must be approved by the City Manager or his
designee. All other provisions of the original agreement remain in
effect.
Recommend approval of the revised agreement for cabana service at the
beach with Flamingo Cabanas, Inc. for a three year period which
expires October 10, 1994.
I /' ~
-:' /.,,, ,/
/,'~""" ...p"'\,,~
" - /,. . "-
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Revised Cabana Agreement
DATE: July 18, 1991
Attached please find the agreement for cabana service at the beach
with Flamingo Cabanas, Inc. that is due to expire October 10, 1991
unless renewed for an additional three ( 3 ) years. We receive $2,010
per month ($24,120 annually) compared to the approximately $5,000 we
received annually prior to bidding out this service. I recommend
this agreement be renewed with two modifications to the current
agreement which Flamingo Cabana, Inc. is in agreement with. These
are
a. Specify that all rental charges have to be approved by the
City.
b. Specify that the City is to receive the agreed upon flat
monthly rate of $2,010 and delete the requirement that the
monthly fee received by the City shall be adjusted upward
annually to reflect changes in the value of the dollar as
measured by fluctuations in the consumer price index.
Please note that Flamingo Cabanas has paid us 29% and 27%
respectively of their gross revenues in 1988/89 and
1989/90.
If you are in agreement, please place the attached ?mendment prepared
by the City Attorney's Office on the agenda for July-23, 1991 for
City Commission consideration.
~L,
Parks and Recreation
JW: mh
REF:CABANA.DOC
Attachment
cc: Susan Ruby, Assistant City Attorney
Alison MacGregor Harty, City Clerk
FLAMINGO CABANA'S MONTHLY
FY 88/89 FY 89/90 FY 90/91 FY 91/92 FY 92/93 TOTALS
OCTOBER $1,296.60 $2,885.00 $3,244.00 $7,425.60
NOVEMBER * $6,255.00 $6,255.00 $4,663.00 $17,173.00
DECEMBER $9,877.07 $6,819.00 $7,041.00 $23,737.07
JANUARY $12,783.00 $12,022.00 $10,566.00 $35,371.00
FEBRUARY $14,260.00 $16,748.00 $14,907.00 $45,915.00
MARCH $13,970.00 $16,392.00 $14,637.00 $44,999.00
APRIL $10,179.00 $14,190.00 $8,761.00 $33,130.00
MAY $5,151.00 $5,110.00 $3,386.00 $13,647.00
JUNE $2,185.00 $2,679.00 $1,882.00 $6,746.00
JULY $2,765.00 $3,110.00 $5,875.00
AUGUST $1,716.00 $1,885.00 $3,601.00
SEPTEMBER $1,677.00 $1,832.00 $3,509.00
TOTALS YEAR-TO-DATE $82,114.67 $89,927.00 $69,087.00 SO.OO SO.OO $241,128.67
* ESTIMATED
. -
AMENDMENT TO CABANA AND BEACH EQUIPMENT
RENTAL LICENSE AGREEMENT BETWEEN THE CITY OF
DELRAY BEACH, FLORIDA, AND FLAMINGO CABANAS, INC.
THIS AMENDMENT to the License Agreement dated October 11,
1988 is made and entered into this day of March, 1991, by
and between the City of Delray Beach, a Florida municipal
corporation (the City) and Flamingo Cabanas, Inc. ( Flamingo) .
WITNESSETH:
WHEREAS, the City and Flamingo have entered into a license
agreement to provide for the rental of beach umbrell~s, beach
chairs, cabanas, inflatable air mattresses and similar
equipment; and
WHEREAS, the agreement between the City and Flamingo
provided,..that the original term of the agreement was to be for
a three(3) year period commencing October 11, 1988 and further
provided for renewal for an additional three ( 3 ) years if
approved; and
WHEREAS, the City and Flamingo desire to exercise the
renewal option; to modify the contract to eliminate the CPI
formula for calculating license payments to the City, sub-
stituting a flat license payment per month for the remainder of
the contract; and to provide that the Director of Parks and
Recreation must approve the schedule of rental charges imposed
by Flamingo on its customers. - ,
- --- - "
NOW, THEREFORE, in consideration of the mutual covenants,
promises and representations set forth herein and for other
.
good and valuable consideration, which is hereby acknowledged,
the parties hereto agree as follows:
1. That the recitations stated above are true and
correct and incorporated herein.
2. That the second sentence on Page 7, Responsibility of
the Cabana Operator, shall be deleted and a new second sentence
shall read as follows:
The contract term of three ( 3 ) years cormnencing on
October ll, 1988 and originally scheduled to expire on
October lO, 1991 is renewed for an additional three year
period, expiring October 10, 1994.
3 . That the second and third paragraphs cormnencing on
Page 9, Minimum Flat Monthly Rate are deleted in their entirety
and a new ,second and third paragraph shall read as follows:
The Contractor shall furnish to the City a schedule
of rental charges on all equipment. The rental schedule
shall be posted in a conspicuous place at the public
beach, in a form and location approved by the City Manager
or his designee. Prior to posting the rental charge
schedule or imposing the rental charges encompassed in the
schedule, the rates must be approved by the City Manager
or his designee.
The minimum flat monthly rate paid to the City for
license privileges shall be Two Thousand Ten Dollars
--, .~ -.. .- - ~- -.-.. .- .--.------ -------.~.--
($2,010.00) for the duration of the agreement.
-2-
4. That all terms and conditions of the Beach Equipment
Rental License Agreement between the City and Flamingo dated
October 11, 1988, except as may be in express conflict with
this amendment shall be unaffected by this amendment and shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have entered into
this Amendment to the Beach Equipment Rental License Agreement
as of the day and year first above written.
CITY OF DELRAY BEACH, FLORIDA
By:
MAYOR
ATTEST:
City Clerk
Approved as to Form:
City Attorney
CONTRACTOR
Witness: FLAMINGO CABANAS, INC. ,
By:
Title:
-- ~ - - -- -~-- - -----.-.---..-...--..---....---------.- ---
-3-
< ,
.
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, and officer
duly authorized in the state and county named above to take
acknowledgments, personally appeared ,
known to me to be the persons described in and who executed the
foregoing instrument as and ,
respectively, of , a corporation organized
under the laws of the state of Florida. They acknowledged
before me that they executed the foregoing instrument as such
officers in the name and on behalf of the corporation, and that
they also affixed thereto the official seal of the corporation.
SWORN TO AND SUBSCRIBED before me this day of
, 1991.
Notary Public
My commission Expires:
_ 4_'_~_""'_ _._ __ .~ 4_~_."'-----_"___ . ~ --~. ~ ~,-~
-4-
BID NO 88-78
PAGE 1 OF 23
-
CITY or DELRAY BEACH, FLORIDA
PURCHASING DEPARTMENT
434 S. SWINTON AVENUE
DELRAY BEACH, FLORIDA 33444
I N V I TAT ION T 0 BID
BID NUMBER 88-- 78 DATE JULY 13. 1988
BID TITLE: C..ABANA ABD BEACH EQUIPMENT RENTALS
NOTICE TO BIDDERS:
Sealed bids will be received until 3:00 P.M. , AUGUST 10 ,1988,
in the office of purchasing Director, 434 S. Swinton Ave. , Delray
Beach, FL 33444, purchasing Office for the item(sl requested above.
These bids will be publicly opened by the Purchasing Director or his
designee in the presence of bidders and City Officials. All bidders
and the public are not only invited to attend the bid opening, but are
espeCially urged to be present. Upon tabulation, and when required,
bids will be presented to the City Commission for award at a
subsequent Commission meeting. (
.
HOW TO SUBMIT PROPOSAL:
All bids shall be submitted in enclosed addressed envelope ( sealed) :
"Bid No. 88-78 SEALED PROPOSAL FOR: CABANA AIm BEACH EQUIPMENT RENTALS
TO BE OPENED 3:00 P . M., ON AUGUST 10. 1988 , at the
Purchasing Division, 434 S. Swinton Ave, Delray Beach, FL 33444."
It,will be the sole responsibility of the bidder to deliver the
pr6posal to the office of the Purchasing Director, City of Delray
Beach, FL. on or before th losing hour and date shown above.
, 1
,
SIGNED: .
COMPANY NAME: (! Af3/JnM
BID NO. 88-78
PAGE----L-OF.-1..L
PURPOSE OF BID:
The City of Delray Beach intends to secure a source of supply for the
above item(s) or service(s) at the lowest price; early and satis-
factory manufacture; and prompt and convenient shipment and service by
the supplier to the City of Delray Beach. Any failure on the part of
the supplier to comply with the ensuing conditions and specifi-
cations shall be reason ;or termination of contract. The City
reserves the right to make an award to the supplier where product
meets the specification and where bid is considered to best serve the
City's interest.
GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS
1. SUBMISSION AND RECEIPT OF BIDS:
(A) Proposals, to receive consideration, must be received prior
to the specified time of opening as designated in the
invitation.
(B) Unless otherwise specified, bidders MUST complete all
questions and price blanks in the spaces provided in this
Invitation to Bid. Failure to do so may cause your bid
to be rejected. However, you may attach supplemental
information.
(C) Proposals having any erasures or corrections MUST be
initialed by bidder in ink. Bids shall be signed in
ink. All quotations shall be typewritten or filled
in with pen and ink.
(D) All quotations and proposals MUST be signed with the
firm name and by an officer or-eiployee having the
authority to bind the company or firm by his/her
signature.
.., QUANTITIES OR USAGE:
.:. .
Whenever a bid is solicited seeking a source for a specified
time for materials or services in the quantities or usage
shown, these quantities are estimated only. No guarantee
or warranty is given or implied by the city of Delray Beach
as to the total amount that mayor may not be purchased from
any resulting contracts. These quantities are for bidders'
information only and will be used for tabulation and presentation
of bid.
3 . PRICES:
( A) Bidder warrants by virtue of bidding that prices, terms, and
conditions quoted in his bid will be firm for acceptance for
a period of sixty (60) days from the date of opening unless
otherwise stated by the City or bidder.
(B) Prices should be stated in units of quantity specified in
the bidding specifications. In case of discrepancy in
c~mputing the amount of the bid, the unit ~rices quoted
1 govern.
---
BID NO. 88-78
PAGE 3 OF 23
- -
3. PRICES ( Con t . . . )
(C) Consideration in awarding bids for yearly contracts will be
given first to bidder offering firm prices subject to market
price reduction and second to bidder offering firm prices
for full contract period. If at any time during the period
of this contract, the City of Delray Beach is able to pur-
chase the items and/or services at prices less than our
contract price, the successful bidder shall meet these
prices and in the event of his failure to do so, the City
of Delray Beach may negotiate for a new contract on the
open marke't.
(D) The City reserves the right to purchase items on state con-
tract if such items can be obtained on the same terms,
conditions, specifications and in the best interest of the
City.
(E) Bidders may offer a cash discount for prompt payment.
However, Euch discounts will not be considered in determining
the lowest net cost for bid evaluation purposes. Bidders
should reflect any discounts to be considered in the bid
evaluation in the unit prices bid.
4. DELIVERY:
(A) All items shall be delivered F.O.B. destination, and delivery
costs and charges included in the bid price. Failure to do
so may be cause for rejection of bid.
(B) Time will be of the essence for any orders placed as a result
of this bid. Purchaser reserves the rlght to cancel such
orders, or any part thereof, without obligation if delivery
is not made at the time(s) specified on proposal form.
5. BRAND NAMES:
If and wherever in the specifications a brand name, make, name of
any manufacturer, trade name, or vendor catalog number is
mentioned, it is for the purpose of establishing a grade or
quality of material only. Since the City does not wish to rule
out other competition and equal brands or make, the phrase OR
EQUAL is added. However, if a product other than that specified
is bid, it 1s the vendor's responsibility to name such a product
wi thin his bid and to prove to the City that such product. is equal
to that specified. Evidence in the form of samples may be re-
quested if furnished after the date of bid opening only upon re-
quest of the City. If samples should be requested, such samples
must be received by the City no later than seven days after
formal request is mad~.
6. QUALITY:
All materials used for the manufacture or construction of any
sllpplies, materials, or equipment covered by this bid shall be
new. The items bid must be new, the latest model, of the best
quality, and highest grade workmanship.
BID NO. 88-78
PAGE~OF--.lL
7. SAMPLES:
Samples, when requested, must be furnished free of expense to the
city and if not used in testing or destroyed, will upon request
within thirty (30) days of bid award be returned at bidder's
expense.
8. ACCEPTANCE:
The material delivered under this proposal shall remain the
property of the seller until a physical inspection and actual
usage of this material and/or service is made and thereafter
accepted to the satisfaction of the City and must comply with
the terms herein, and be fully in accord with specifications
and of the highest quality. In the event the material and/or
services supplied to the City is found to be defective or does
not conform to specifications, the City reserves the right to
cancel the order upon written notice to the seller and return
product to seller at the seller's expense.
9. DEFAULT PROVISION:
In case of default by the bidder or contractor, the City of
Delray Beach may procure the article or services from other
sources and hold the bidder or contractor responsible for
any excess costs occasioned or incurred thereby.
10. COPYRIGHTS OR PATENT RIGHTS:
Bidder warrants that there has been no violation of copyrights or
patent rights in manufacturing, producing, or selling the goods
shipped or ordered as a result of this bid, and seller agrees to
hold the purchaser harmless from any and all liability, loss, or
expense occasioned by any such violation.
1l. COMPLIANCE WITH SAFETY STANDARDS:
(A) All equipment, machinery, electrical appliances, cords and
apparatus shall comply with all provisions of the Florida
State Safety standards.
(B) Whenever a bid is sought and services secured for any type
of on-site construction the awarded bidder shall remove from
the work site at the end of each working day all rubbish and
waste debris resulting from his operations. The awarded
bidder shall also secure the work site before leaving at the
end of each working day.
12. MANUFACTURER'S CERTIFICATION:
The City of Delray Beach reserves the right to request from
bidders'separate manufacturer certification of all statements
made in the proposal.
13. SIGNED BID CONSIDERED AN OFFER:
This Signed bid shall be considered an, offer on the part of the
bidder or contractor, which offer shall be deemed accepted upon
approval by the City COlRIDission of the City of Delray Beach and in
case of default on the part of the bidder or contractor after
such acceptance, the City of Delray Beach may take such action as
it deems appropriate including leg~l action for damages or
specific performance.
BID NO. 88-78
PAGE -L OF ~
14 . SPECIFICATIONS:
(Al For purposes of evaluation, bidder must indicate any
variances from our specifications and/or conditions, NO
MATTER HOW SLIGHT. If variations are not stated in the
proposar:- it will be assumed that the product or service
fully complies with our specifications.
(B) Any omissions of detail specifications stated herein that
would render the materials/service from use as specified
will not relieve the bidder from responsibility.
15. RESERVATIONS FOR REJECTIONS AND AWARD:
The City of Delray Beach res~rves the right to accept or reject
any or all bids or parts of bids, to waive irregularities and
technicalities, and to request rebids on the above material or
services. The City also reserves the right to award the contract
on such materials and/or services as the City deems will best
serve its interest. It further reserves the right to award the
contract on a split order basis, lump sum, or individual item
basis, or such combination as shall best serve the interests of
the City unless otherwise specified.
16. TAXES:
The City of Delray Beach is exempt from any taxes imposed by
State and/or Federal government. Exemption certificates
certified on request. state Sales Tax Exemption Certificate
No. 04-00219-08-60 appears on each purchase order.
17. FAILURE TO QUOTE:
If you do not bid, return bid sheet and state reason.
Otherwise, YOUR NAME MAY BE REMOVED FROM OUR MAILING LIST.
18. EXCEPTIONS TO CONDITIONS 1 THRU 17 (Boiler Plate): ,
Any time Bid Specifications differ from the Boiler Plate,
Bid Specifications and Special Provisions will prevail.
19. RENEWAL:
The City Manager may renew the contract, at the same terms, con-
ditions, and prices, for One (1) consecutive term(s) of Three (3)
year(s) subject to vendor acceptance, satisfactory performance and
determination that renewal will be in the best interest of the
City. ~d~
TED GLAS
Purchasing Director
CITY OF DELRAY BEACH
434 South Swinton Avenue
Delray Beach, Fl 33444
( 407 ) 243-7163
'.
BID NO. 88-18
PAGE -2-0F-U
SPECIAL PROVISIONS
PERMITS:
If you are the successful bidder you are required to secure all
permits before you can begin work, however, the cost for permits will
be waived.
CITY OCCUPATIONAL LICENSE: ,J
If you are already licensed to perform work in the City of Delray
Be4ch you MUST submit a photocopy of your City Occupational License
with your bid proposal. If you are not licensed to perform work in
the City of Delray Beach you MUST obtain an Occupational License
before a notice to proceed will be issued.
INSURANCE AND BONDING QUALIFICATIONS:
The City prefers the insurance and bonding companies to have a BEST
Rating no less than B+ 12 or better. If you have any questions
regarding the City's Insurance and/or Bond requirements, please
contact Mr. Lee Graham, Risk Management Administrator at 243-7150.
INSURANCE REQUIREMENTS: See page(s) 13 - 15 for Insurance ../
Requirements. A "sample" certificate has been attached.
SUBMISSION OF DOCUMENTATION:
Upon notification of award, the successful bidder has fifteen ( 15 )
days within which to submit all documentation (Permits, Licenses and
Insurance Certification).
JOINT BIDDING, COOPERATIVE PURCHASING AGREEMENT:
State on Bid Form if you will extend the same prices, terms, and
conditions to other Palm Beach County governmental agencies.
BID NO. 88-78
?AGE -L- c: F -1.L
SPECIFICATIONS
The ~ity of Delray Beach 1S seeking competitive blds for the
purpose of securing a contract to rent beach umbrellas, beach chaIrs,
cabanas, Inflatable air lilattresses and slmilar beach equlpment upon the
publicly owned beach of the City.
RESPONSIBILI7IE3 OF 7HE CABANA OPERATOR
The City will grant the successful vendor the exclusive rIght
and privilege to conduct and operate upon the publicly owned b~aches .) :
the Clty a concession for t:;'e rental of beach umbrellas. beach cha1.r.::,
cabanas, Inflatable air mattresses and similar equlpment. The cont~.3.'::
ter:1i s ~1 a 1: be for a period of three ( 3 ) years beginnin~ en Oct:ber 11.
1988 and exp:rlng on October 10, 199:'. Renewal period, If approved,
.;hall bE: for an additional th::.-€,e ( 3 ) years.
At n0 time will more than two hundred and fi~ty (::0) ca:Janas ....'
u'=
pe:.-rni tted on the beach.
The contractor shall not lnterfere with private owner's '.lse of
tl1e:.r equ:.pment on the public bead:.
The Contractor shall exercise reasonable care to avoid damage to
City property, including dune, vegetation, and sand fenCE:. The con-
tractor shall also be required to ~aint, upkeep, and maintaln storage
bins, subject to the CIty Manager's approval.
".
BID NO. 88-78
PAGE -1L OF ~
The Contractor agrees to be responsible for normal daily cleaning
of the beach cabana area; provided, however, the contractor shall be
under no obligation to clean the beach of seaweed or other materlals
washed ashore by wave act~on. The City shall mainta~n receptacles fer
trash collected by contractor's employees.
STORAGE
~he contractor shall provide proper storage space for the afore-
described rental equipmer. t and two (2 ) beach equipment houses to be '/
constructed by the contractor at its own expense. No equipment shall
be left upon the putlic beach after the hour of 8:00p.m. on any day;
provided, however, that cabanas may not be removed except if hurricane
warnings are issued for areas which lnclude all or a portien of the
City of Delray Beach, Florlda area, by the Hurricane Advisory Center
of the United States Weather Bureau in Miami, Florida. Thereby,
contractor shall immediately cause all equipment, including cabanas and
beach equipment houses to be removed from the public beach and stored
in a safe manner; no part of such equipment shall be returned to the
beach as long as said hurricane warnings remain in effect.
LOCATION OF CABANAS
-
The contractor shall be subject to the direction of the Parks and
Recreation Director and any City Lifeguards with respect to the
location of beach equipment houses and the area in which cabanas may
be located.
r
BID NO. 88-78
PAGE-2..-0F-ZL
Prier to any change ln the location of more than flve ( 5 ) cabanas or
five (5 ) umbrellas in any calendar month, the contractor shall provide
the Parks and Recreation Director a sketch drawing indicating the
location of all cabanas and umbrellas and the suggested changes. The
City shall have a right to approve or disapprove such changes.
MINIMUM FLAT MONTHLY RATE
-
The successful contractor shall pay the agreed upon minimum flat
monthly rate to the City in monthly installments to be prepaid on the
first day of each month. If contract is terminated due to the default
of t~e contractor, ne part of any payment shall be refunded to the
contractor.
The contractor shall furnish to the City a schedule of rental
charges on all equipment. The rental schedule shall be posted in a
conspicuous place at the public beach, in a form and location approved
by the City Manager or his designee.
The minimum flat monthly rate paid to the City for license
privileges shall be adjusted upward annually to reflect changes in t:1E
value of the dollar as measured by fluctuations in the consumer price
index (CPI) for all urban consumer items excluding shelter as published
by the U. S. Department of Labor, Bureau of Labor Statistics of Miami
'(all urban consumers) of 1977 - 100. Beginning with the first full
month of the second year of the agreement, the net change in contract
collection price shall reflect such increase in the CPI as defined
loJS8'-Jol8"1::' ,\.1 1.0 19q.~II""
. I" B"I-l<:dcso.: G.)." 7JZ.oIICf.Cj.~
,
BID NO. 88-7E1
PAGE 10 OF 23
- -
above for the last full year. Subsequent years of the contract shal:
be adjusted annually based upon the net change as described above for
the preceeding year. In no event shall any decrease in the CPI be
cause for any reduction in the fees due to the,City.
LICENSES
The contractor shall maintain a valid yearly City Occupational
License.
Contractor shall make application for, and obtain at its own
expense all necessa~y permits from any governmental entity or agency
requJ.ring such. Contractor specifically agrees to obtain the necessary
permits, if any, from the Division of Beaches and Shores of the
Department of Natural Resources, State of Florida. Any permits and the
expense of obtaining such shall be at no cost to the City.
INDEMNITY
The contractor and his sureties shall indemnify, defend, and hold
the City and all its officers, agents, and employees harmless from any
and all suits, actions, or claims of any character, name and
description brought for or on account of any 1njuries or damages
received or sustained by any person or persons or property, on account
of any negligent act or as a result of such rental or the use of the
equipment rented through the contractor, his agents or employees, in
the execution of said contract; and will be required to pay any
judgment, with costs, which may be obtained against the contractor
~
BID NO. 88-78
PAGE-11-0F~
growlng out of such inJury or damage. This hold harmless and indemnlty
clause shall include any damage caused by the contractor's equlpment :0
neighborin~ property o~ to any individual.
MISCELLANEOUS
The City grants exclusi~e right to the contractor for the services
requested in this Invitation to Bid.
The successful vendor may not subcontract, transfer or assign any
portion of the contract except with the express approval of the City
Commission of the Clty of Delray Beach.
TERMINATION OF CONTRACT
Failure of either party to comply with the provisions of the contract
shall cause the ccntract to be voidable upon twenty ( 20) days' wrltten
notice to the other party; provided that the City may terminate the
contract upon thirty (30 ) days written r.otlce.
The successful contractor agrees to remove any of its equipment used in
connection with the contract upon demand of the City manager or his
designee. Such removal shall suspend the cont~actor's obligation to
pay the required monthly fee in an amount proportionate to the number
of days during which the removal is required. Any removal required by
the City which is in excess of twenty ( 20) days shall be deemed a non-
compliance, and the contractor may exercise the provisions stated in
the above paragraph.
~
BID NO. 88-78
PAGEJLCF-ll
DOCUMENTA'I' I ON
Contractor shall supply the City documentation. on a monthly basis.
verifying the number of units of Beach Equipment rented each mcnt~;
and the prlce at which each unit was rented.
,
BID NO. 88-78
PAGE.....lLOF..ll-
INSURANCE REQUIREMENTS
A. GENERAL
Before starting and until acceptance of the work by the City, the
contractor shall procure and maintain insurance of the types and to the
limits specified in paragraphs (1) to (4) inclusive below.
B. COVERAGE
Except as otherwise stated, the amounts and types of insurance
shall conform to the following minimum requirements:
"
6. Workers' Compensation - Coverage to apply for all employees for
Statutory Limits in compliance with the applicable state and
Federal laws. In addition, the poliCY must include Employers'
Liability with a limit of $500,000 each accident.
~ Comprehensive General Liability - Coverage must be afforded on
.. form no more restrictive than the latest edition of the Insurance
Services Office and must include:
a) Minimum Limits of $500,000 per occurrence and aggregate
of Bodily Injury Liability insurance and $50,000 per
occurrence and aggregate of property Damage Liability insurance.
b) Premises and/or Operations.
c) Independent Contractors.
d) Products and/or Completed Operations.
e) Broad Form contractual Coverage applicable to this specific
contract, including any hold harmless and/or indemnification
agreement.
f) Additional insured - The City is to be specifically included
as an additional insured (including products).
3. Business Auto POliCl - Coverage must be afforded on a form no
more restrietive than t e latest edition of the Business Auto
Policy filed by the Insurance Service Office and must include:
a) Minimum Liaits of $300,000 per occurance combined single limit
for Bodily Injury Liability and Property Damage Liability.
b) owned Vehicles.
c) Hired and Non-owned Vehicles.
d) Employer and Non-ownership.
BID NO. 88-78
PAGE~OF...1.L-
INSURANCE RIQUIREMENTS (Cont. ..)
* 4. Certificate of Insurance - Certificates of all insurance
evidencing the insurance coverage specified in the previous para-
graphs (1) to (2) inclusive shall be filed with the City Purchasing
Director before bid award. ' The required Certificates of insurance
shall not only name the types-Qf policies provided, bu~shall also
refer specIlICall~ to this bid and section and the aoove paragraphs
in accordance wit wnicn-sucn-insurance is b~ing furnished, and
snall state that such insurance is required ~such paragrapOS-of
, this contract. ~uccessful blader willincluae-the City of
Delray Beach as an-additional insured.--rl the initIiI insurance
expires prior~o~he completion of the work, renewal certificates
shall be furnished thirty (30) days prior to the date of
expiration. Also, under the Cancellation Section of the Insurance
Certification the words "endeavor to" and "but failure to mail such
notice shall impose no obligation or liability of any kind upon the
company, its agents or representatives" shall be crossed out as
indicated on the attached "sample Insurance Certificate."
* NOTE: See "Sample of Certificate of Insurance" for example of
format.
_~_.___'C~___
PRODUCER
Park & Associates, Inc.
'P. o. Box 4049
Boca Raton, FL 33429 COMPANIES AFFORDING COVERAGE
COMPANY A Scottsdale Ins. CO.
LETTER
COMPANY .
LETTER
Flamingo Cabanas, Inc. COMPANY C
LETTER
6657 Via Regina
Boca Raton, FL 33433 COMPANY D
LETIER
COMPANY E
LETTER
. .
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED 8EJ.OW HAW BEEN ISSUED TO THE INS~D NAMED ABOW FOR THE POUCY PEAtOO INOteA TED.
NOTWITHSTANOING ANY REQUIREMENT. TEAM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIESDESCAIBED HEREIN IS SU8JECT TO AU. THE TEAMS, EXCl.USlOHS. ANO CONDI-
TIONS OF SUCH POLICIES.
TYPE OF INSURANCE POlICY EfA:CTM POlICY EXPIAATOI LIA8ILITY UMITS IN THOUSANDS
POlICY NUMBER OA TE IMM/OOIYYl OA TE (W/OOIVYl f' H
UAAENCE
GENERAl UABIUTY BOOlL y
COMPREHENSM FORM INJURY $ $
PAEMlSESIOPERA TlONS G1S20B032 10/11/88 10/11/89 PROPeRTY
UNDERGROUND DAMAGE $ $
EXPlOSION & COlLAPSE HAZARlJ
X PflOOUCTSlCOMPlETED OPfRA TlONS
X CONTRACTUAl ~~D $ 500 $500
X INDEPENDENT CONTRACTORS
BROAD FORM PlIDPERl'f DAMAGE
PERSONAl INJURY PEASONAlINJUAY $
AUTOMOBIlE LIABlLITV IXl.v "1' .~
ANY AlITO IIWl'I $
IPEll PaISOII
AlL OWNED AUTOS (PRIV PASS) m.v
AlL OWNED AUTOS (OTHER THAN) IIWl'I
PRIV PASS iPElllC.lmll) $
HIRED AlITOS
PROPeRTY
NON.()WNED AUTOS DAMAGE $
GNWJf. UABlUl'f
SlaPe
COM8lNEO $
~.:.eD $ $
WORtWtS' COMPENSATIQN (EACH ACClOENn
AND
EMPLOYERS' UAMJTV (OISEASE-POl1CY UMtn
(DlSEASE.EACH EMPlOYEE)
OTHER
DESCRIPTION OF qpERATIONSlLOCATIONSNEHICLESlSPEClAL ITEMS .
CertifIcate Holder named below is also named as Additional Insured.
Ci ty of De1ray Beach COMPANY WILL ENDEAVOR TO
434 S Swinton Ave TE HOLDSt ~ TO THE
Delray Beac.~, FL 33444 oeuGATION Oft IJA8IJTY
ATIVU.
BID NO 88-78
PAGE -1L. OF 23
BID FORM
CITY OF DELRAY BEACH, FLORIDA
Please use this form for submitting bid. FILL IN ALL BLANKS
ITEM(S) REQUIRED CABANA AND BEACH EQUIPMENT RENTALS
DATE JULY 13, 1988 USING DEPARTMENT PARKS AND RECREATION DUT.
Bids must be submitted by or before 3:00 PM, AUGUST 10 ,1988
Th~ legal advertisement, Invitation-To-Bid, General Conditions,
Instructions to Bidders, Special Provisions, Specifications,
Addendums, and/or, any other pertinent document form a part of this
bid and by reference are made a part hereof.
THE CITY Reserves the right to award on an individual item basis
or on a lump basis for all items whichever is determined to be in the
best interest of the City.
ANTI-COLLUSION STATEMENT: The underSigned bidder has not divulged
to, discussed, or compared his bid with any other bidder or
parties to a bid whatever.
BID &/;14/ ~. ( )
.
BY g,/LUE !,iF/,v PHONE NO tl()~ 7 jV-f;2- ~ I
NAME & TITLE :JILL/~ $/6 /~
OF SIGNER
COMPANY RIlMJIt/G-O eIJ6/1A/II~ DATE OF BID
ADOREssA {; S-~ l~# t6-'G-/J{/!'2 ZIP ~5iss
~-A !2A-70J{/ ~)
,
BID NO. RR- 711
PAGE-1L.OF-ll...
BID FORM (Cont....)
Indicate which: ( ~rat1on; ( ) Partnership; ( )Individual;
( ) Other
TO THE PURCHASING DIRECTOR OF THE CITY OF DELRAY BEACH:
We (I), the above signed, hereby agree to furnish the following
article(s) and/or service(s) at the price(s) and terms stated subject
to all instruction, conditions, specifications, and all attachments
hereto. We (I) have read all attachments including the specifications
and fully understand what is required.
The above signed bidder will extend the same prices, terms, and
conditions to other Palm Beach County governmental agencies during the
per10d of the contract t:zested.
yes no
.
Acknowledgment is hereby aade of the following Addenda or Amendments
(identified by number) received since issuance of this bid:
BID NO. 88-78
PAGE-.M..-OF-.ll
EID FORM (Cont. .. .)
SCHEDULE OF PRICE3
Ccn~ra~tor shall pay the City of Delray Bea=h a rnin~rnurn flat monthly
rate, cr a percentage of gross income, whlcl-..ever is greater:
~ ~inlmum Flat Monthly Rate $ ;< CJ / O.OQ
M. . . . . . . . . . . . .. . . .. . . . . . ..
E. Per~ent of Gross Income . . .. .. . .. .. .. .. .. . .. .. .. . .. .. .. .. .. .. .... /() ~I
BaE is of Awa:-d
~or purposes of determin~ng a successful bldder, the Ci ty s11a1.:. 'JS2 3.L
estimated gr0ss yearly ~ncome of $50,000.00
.
"
BID NO. 88-78
PAGE 19 OF 23
II -
BID FORM (Cont....) ',; h
,~:. f/:k
COMPLETION OF WORK: (Applicable for services~ te t e award is
made, the contractor will begin work in 'r calendar days after
date of the Notification to Proceed, and all necessary permits (where
applicable) have been secured. Can expect completion of work in
RIA calendar days.
DELIVERY: (Applicable for Products) Will deliver in RIA calendar
days, FOB destination, after receipt of Purchase Order.
Payment Terms: Discount \, Days, or by Month, to apply on
date of delivery and acceptance of material.(i.e., 2\ 10th prox.etc.)
NOTE : If Purchase Order and remittance is mailed to other than J
- address shown, please indicate:
PURCHASE ORDER TO: REMITTANCE TO:
~f+- ~
.
NOTICE TO BIDDERS:
Complete descriptive literature MUST accompany bid proposal
to permit fair evaluation of bid proposals.
Proposal will clearly state any warranties and guarantees
against defective materials and workmanship.
The scope of these specifications is to insure the delivery
of equipment ready for operation. Omission of any essential
detail from these specifications does not relieve the
supplier from furnishing such unit.
Bidders MUST sign and return this page with the bid proposal
acknowledging the above conditions.
Any variances to specifications or bid condit'ions are to be stated by
the bidder and ATTACHED TO THE BID FORM.
.
BID NO. 88-78
PAGE 20 OF 23
- -
CONTRACT
The undersigned bidder hereby represents that he has care-
fullY examined the bid specifications and contract including all
contract documents, and will execute the contract to perform all
its items covenant and conditions all in strict compliance with
the requirements of the specifications contained in the Invitation
to Bid.
The bidder, by and through the submission of his bid, agrees
that he has examined and that he shall be held responsible for
having satisfied himself on all physical characteristics of the
job requirement, in order that he may include in his price which
he bids, all costs pertaining to the work travel time, and thereby
provide for the satisfactory completion thereof.
The bid proposal form and the scope of the work contained in
the Invitation to Bid are incorporated herein and made a part of
this contract.
BID NO. 88-78
PAGE 21 OF 23
The undersigned hereby designate Robert I. Silverstein,
at 6657 Via Regina, Boca Raton, Florida 33433 ZIP as
his/bee office address to which notices may be delivered or
mailed.
ATTEST:
WITNESS: C~ Delray Beach, Florida OWNER
~ ~ -~ y ; 7/;/{:2 ~ )
:?trtZ/rer ~ . By: p~ J a.-~:;r' , ~
MAY R 'tIe
These Contract Documents Approved as to Form:
(SEAL IF BY A CORPORATION) DATED:~~ /~ /9/.9
Flamingo Cabanas, Inc., a Florida corporation
(Name of Bidder, Corporation, Firm or
Individual)
WIjZS BYf- <:~J j ~ C?
(S1qnature)
. - - ,,~,(j.~~ .
~~ ~l/~ Carlos A. Sierra, Vice President
As to Contractor (Typed Name)
,,~
BID NO. 88-78
PAGB~OF~
COMMERCIAL REFERENCES:
COMPANY NAME: C;/f7(i'A Itf//E7f;tJAdan ft/ IDtL77' -Jd/('.
ADDRESS: ~()/~- ^}Ct(IJTt-I OCCY\~ ~\vAr- ~df Q-\ \l_
foRi LAU{)t.\'L~\ (" , ~J, ZIP -S5S0~
CONTACT PERSON:e~ ~ LoS S 1€Y2h,A I
PHONE NO.: (r;Q5) S~4-SS~'S- ct 78'J-22~
COMP ANY NAME: C;rt&-~ + r;.TE:6~ A-fTtsR~t;( ~ tv L f;c.V..
ADDRESS: kt )A-u'he ~l()).
~t} . ZIP ~ 3~ 2-
CONTACT PERSON: CI~ ~t?bb
PHONE NO.: (30 51 ~'+l-~~' L
~(LY J't)fWS _
L-~ ~-
. )00 L)
, ZIP
,
CONTACT PERSON:
PHONE NO.:
COMPANY NAMB:
ADDRESS: IP ':?, ~ 'M~
COMMENTS (Do Not Write In This Space)
.;
BID NO 88-78
PAGE ~OF 23
QUESTIONS: If you have any questions concerning how to submit
your bid, please contact Kendra Graham, Bid
specialist, at 243-7163.
TO ALL BIDDERS: Due to time restraints, the Purchasing
Department is unable to respond by phone to all inquiries and
results of bids. Therefore, if you are interested in receiving a
copy of the Spread Sheet with results of the bid, please enclose
a stamped, self-addres$ed envelope WITH YOUR BID.
BID AWARD: The awarded vendor will be notified by phone and in
writing. Results are based on the recommendation of the
Purchasing Director, User Department, City Manager, and/or the
City Commission.
STATEMENT OF NO BID: If you are not interested in submitting a
quotation for this Invitation to Bid, and wish to reaain on the
City of Delray Beach bid list, you MUST return this page to the
Purchasing Department Office, 434 S. Swinton Ave., Delray Beach,
FL 33444. Please complete the following:
Specifications too "tight", 1. e. , geared to one brand
or mfg. only. (Attach Explanation)
Insufficient time to respond to Invitation to Bid.
We do not offer this product or an equivalent.
(Attach List Of Products/Items You Offer)
Unable to meet specifications.
Unable to meet BOND requirement.
Specifications unclear (Attach Explaination)
Other (Please Specify)
COMPANY NAME:
ADDRESS:
ZIP
PHONE: ( )
CONTACT PERSON:
(Please Print)
-.,-~".- ~.._"---
.
~ 6-0
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJJv1
SUBJECT: AGENDA ITEM # 'F - MEETING OF JULY 231 1991
SPACE CRITERIA/FIRE STATION NO. 1
DATE: July 181 1991
Attached as backup material for this item is a space comparison
prepared by the architect for the Fire Station No. 1 project. The
backup material compares the Department of General Services square
footage standards and those provided by the architect in the central
station preliminary design. The office spaces in the preliminary
design for Fire Station No. 1 are generally in line with the State of
Florida standards. Therefore, it is requested that the Commission
approve the proposed office sizes.
;0/91 14'26 '5'4072438184 CURR IE SCHNE I DER ...... CI TY /DELRA Y 8CH. 141 002
.
- - -- Currie Arcnitect" Planners
- Schneider & Interior De,lf;n"r,
~- -- Associates 15 SC"~)brp~7.p.
--
-- - - AlA, P^ A1IWTroN: !ViR ~~(Z{)~'N Ol'ir;!v B',~~ch fl
3H81
407/276-4951.737-217'1
105/429-1%6
SPACE CRITERIA COM~ARISON
-........ ~ ,---.----.------_._~_._-_.....-...
FIRE DEPARTMENT HEAnQUARTERS
~~ _~ ,J-. ,. -.--
-----------_.- - -" -.- -- - - ----- ---_. - ---_...- - -...............-------------------......- - -- --...
D. (1. S. SQUARE D.a.F.D. EQUTVALENT SQUARE
FOOTAGE FOO'rAGE
---~--------_. ------------------ ..~---------------------------------
Pay Gr~d~8 0-8 60 Secretary I or II, 55 - 65
Group T Recept.ionist
~---~------------~~-------------"----~-------~------------------
Pay Grades 9-14 90 Administrative 93 - 97
Group II Asst.. II or III
_b___________--___~_________~~M_____--_________--_------~--------
Pay Grades lo-Up 120 A:s~ l . Fire Ma;rsha,l, G2 - 15t:>
Gl'OUp I I I Training Officers.
Public Education
Office!', Company
Officers. Fire
Inspe~tors, Duty
Paramedic Lieutenants
------------------,--------~--------------~-~--------~---------------
Bureau Heads, 220 Asst. FirB Chief 15S -- 234
Seetion Head8, Division Chief
and Personnel Battalion Chicf
Heade Administrative Manager
Group III
______~-______-~----_----~b-----------~--~~'----------------------
Diviaion 270 Fire Chief 282
Director
Group III
----------- - .' -------~-------- ------~----~-----------~---------
Agency Head 320 N/A 0
Group lIT
--------~- ._-----------~ ,..._-------~~-------~~-----~----------------
Con ferel'lCe 20 per COnfer€H'lCf!! 2tnd 14 - 20
AJ'eas p~l'son Meeting/Training per perBon
Rooms
~__________~_~~~,_-______~_____-___________ft.__--_________________~_
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m Currie " ,"
Schne.td(.~r " I, '
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...'.....,I.^ ", ,',
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FAX TRANSMITTAL I,
I. IJl
DATE: Ju'-'1 {O, /'1 q I
(
TO; ~~
n ...
FAX NO: rz,1 ~ . ?;J 11 f
FROM: ~oB ~ _~__,
RE: <? PkC{: ~/rfefZtA UJMpAf2..(SON f'ff-€ ~/t>N ~. Q.
PROJECT NO.:
We uru ~enctillg you
o A~ per your request
t':. for .your approval
(! r01 review ond comment
lir.:.. y;,)U( Information onC! racoro
~",.i l..)~: 0r pages including tronsmlltal sheet:
. If you Cio not receivo 011 01 Itle referf!)nced pages, please conTact ow orTI'-:"~G /\:>\1"
DESCRIPTION:
T ~...-
rr(e: ptJ c.t.O?U? J S ~ C()fvtPAf!:j S(j~ OF .,.__.___
~ Or ~N~ ~Vf0~S sqtJPrf7-.-f 4
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....... ------------....
7/19/90 FAX NO: 407/243-8JL4
'. .
,.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~
SUBJECT: AGENDA ITEM # CftT - MEETING OF JULY 231 1991
S.D. SPADY ELEMENTARY SCHOOL ACCESS IMPROVEMENTS
DATE: July 18/ 1991
Enclosed in your agenda packet is a copy of the S.D. Spady Elementary
School access improvements (N.W. 10th Avenue extension) design plans.
The Commission is requested to review these plans so that any
recommendations you may have can be incorporated into the plans prior
to going to bid.
P~& on (j;~3
~- (f) ~ 1 ~ ~
@ c-C!... ~ &~~
c:5 p7J67 ~ ~ ~
~~ -
Vr '6/13
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'J.-)
SUBJECT: AGENDA ITEM # qs - MEETING OF JULY 23, 1991
S.D. SPADY ELEMENTARY SCHOOL ACCESS IMPROVEMENTS
DATE: July 18, 1991
Enclosed in your agenda packet is a copy of the S.D. Spady Elementary
School access improvements (N.W. 10th Avenue extension) design plans.
The Commission is requested to review these plans so that any
recommendations you may have can be incorporated into the plans prior
to going to bid.
r~~~:~:V-
c~ uJJ
~, cf rr
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!J;l\
SUBJECT: AGENDA ITEM # 9 tt - MEETING OF JULY 23, 1991
APPOINTMENT OF AN ALTERNATE MEMBER TO THE CIVIL SERVICE
BOARD
DATE: July 18, 1991
This item was deferred at your June 25th meeting. The appointment is
to fill a vacant alternate position on the Civil Service Board. We
have received applications from the following individuals:
Sally Antonelli Murray Sohmer Donald Zimmerman
*Robert P. Ferrell Horace Waldman
*Mr. Ferrell is currently residing in West Palm Beach.
This is a Mayoral appointment.
Recommend the appointment of an alternate member to the Civil Service
Board to a term ending July 1 , 1993.
f;~ ~ i7la.L;0i) to- ~
&~&- ~ a!/- ~ dM~
.
MEMORANDUM
TO: David T. Harden. City Manager
THRU: Alison MacGregor Harty. City Clerk
FROM: Anita Barba. Board Secretary
SUBJECT: VACANCY ON THE CIVIL SERVICE BOARD
DATE: July 17. 1991
This item was postponed from the Commission meeting of June 25. 1991.
Due to the death of Sam Portnay. a vacancy has been created for an
alternate on the Board. The term would have expired on July 1. 1991.
The term is for two (2) years ending July 1. 1993. According to the
Civil Service Act. there are to be five (5) regular members on the Civil
Service Board; three (3) of which are to be of different vocations or
vocational backgrounds. not employed by the City in any capacity.
official or otherwise. and appointed by the City Commission. A person
need not be a resident of the City of Delray Beach. In addition. the
Act provides for two (2) alternate members to the Board.
Other persons who have expressed an interest in appointment to the Board
are as follows:
Sally Antonelli
Robert P. Ferrell (presently residing in West
Palm Beach)
Murray Sohmer
Horace Waldman
Donald Zimmerman
Resumes are attached for your consideration.
Based upon the rotation system adopted by the Commission. the
appointment will be made by Mayor Lynch (Seat #5).
cabap.txt
" .
.
.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME 0.~;r Q. a:f;:,.dl!.: .331-~5
. ''J/ ~L,~-'~
OME ADDRESS (Street. City. Zip Code
~
PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code) 4~-
HOME PHONE(4t~) ~ 78'. 23t,t, . BUSINESS PHONE
ON WHAT BOARDS ARE yOU INTERESTED IN SERVING
fZ' I, ~1, l'~ (2-"/ }8{<.L+ ~
.{.{L<..k,
LIST ALL CITY BOARDS ON WHICa YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
J1n.v
EDUCATIONAL QUALIFICATIONS 13. tl. - ~~ . -
~- 6cL'~~d~ 21. $ 4-.~+ 'z.7?(.i!.;:t-
e--t-4,t~,~~(., -(U'~ t ~
,
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
.J t,~ tV , S. (7L 1-
7.1 __<i ~~.*
· ~ ~J:ftd:- -
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE'ON THIS _
..:;rn ~ d- -U. s.:Au.t~41l~ ~ r ~:z~
"tL-t/ A.4.J ~~ ~ ~ ~ . <a.-v
'tL X.' ~1.u,t.e4J tU.J..
nUSE ATTACH ABBIEF RES1lIlI!: '.' ~<~ ~~~6~ ,..o,-4<R-e
,,-<-<~ ~ t. · ~~)<.(!.f2-.'
I HEREl!Y CERTIFY THAT ALL ~~H STAT~ ARE TRUE, ABD AGREE ~n.c"...u
UNDERSTAND THAT ANY MISSTATEMENT <?F MATERIAL FACTS ~()NTAINED IN THIS APPLICA
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~ '
,/."eet2 ~' .0/11/-/91
/ SIGN DATE
( 4/90
I
"
-
SALLY J. ANTONELLI
721 Birdie Court
Delray Beach. FL 33445
(407) 278-2366
OB.JECTI VE :
To serve on the Civil Service Board of the City of
Do:> 1 ray B<:>.:l,ch. Flor"ida.
:::D[)CATION-LANGUAGES:
B.A. in SocIology, University of Texas. 1961;
M.A. in Education. 'specializing in counseling,
Virginia Polytechnic Institute and State
Un 1 vel-S i ty . 1976
Numerous personnel and examination courses with
the U.S. Government
Fluent in Spanish and near-fluent in ItalIan
RELEVANT EXPERIENCE:
Seven years in personnel work. with two years in the
private sector (Legal Secretaries. Inc. and Auto-Train Cor-
poration) and five years in the public sector as a Personnel
Staffing Specialist (U.S. Department of Energy and U.S. State
Department) . In addition. I completed an administrative study.
for the U.S. Embassy to the Holy See in Rome. Italy. which
included personnel restructuring and computer integration.
RELEVANT CERTIFICATIONS:
During the five years that I spent with the Federal
Government, I was a certified examiner for the U.S. Office
of Personnel Management (formerly the U.S. Civil Service
Commission) and routinely' tested. graded. qualified and
conferred ratings to applicants for Federal employment.
OTHER EXPERIENCE:
Social worker in Arizona. I year; High school teacher in
Honduras. I year; Administrative assistant in socio-economic
development agency in Honduras. 2 years; Middle school teacher
in Virginia. 2 years. 'In addition. I have served,on a voluntary
basis on three crisis hotlines (7 years tota1) and on severa I.
church-related social project committees (5 years total).
PERSONAL:
Born 10/07/39.. .Married,. .Lived in EI Salvador for 2
years. Honduras for 4 years. and Italy for 4 years.. .Reside
permanently in Delray Beach. with intermittent travel. mainly
in the summertime.. . Co-proprietor of The' Antonelli Collection,
dealing in European antique furniture.
J. ...., " CONTI~UATION SHEET FOR STAN~t..RO FOAM 111
" I.'. ". .... n~RSONAl OUALlFICA nONS ~...." TEMENT r~.... "oeo"'''''
..... . ",;' 0"6 Nr ~::""__~~
INS7RUCTlON$. .,; "..:: ..,.. c..~:', ,^-."'!,,. ~,.':t'~~d" f:' (()f"::'". . ~ - ",' ,;.,- _ E""='~;:;:E~":l 0": ~...:.,-:..J'- r ..... :-.
Enclose with your Statement, Typewrlll: 0' print clt-a,I\' In dark ,"k,
r..: ~ .,' /.. .~: ' ; ;; I Al {; "I ! ~ -t'!i:-, QC"I, ^4 ,f;'~ I1J' ~t:'." !.: r..;'- ~,: l''''- ":'\';' r.:';, .'. - t..... ~-" ,..:.)'~~~ ~,. I ..:." .
'ANTONELLI, SALLY J. ! 10-07-39 ,
i
.--
1 po;.' "',' ;;:",~" ,,_":,: a' (,~ f''''lr:~'' t ~ or;.=I:"!.; 3!/:"'. . f'.' '. ~.~ ....i: l ".;~ ' ..~(,,'" I t -.,;.- : . ". \ .: .; I..; I' l' - .... .1 ';.' ~ f.,' 1M, ~,' ll~' ,~.," ; ,.. ;. l: .. ..
~ U. S. Department of State j.. :- 10-81 j" 04-83 I 40
,
Recruitment Branch - - ! ~.(t',:i \ I')' \..: '.lil:J . i "1,"\' C "".. I . ~t' .
Recruitment Division I f",J.":"": ~ 2.8,2.45 ... ann. I Cd. Washlngton,
WashinJ;tton, D. C. 2052.0 k ~'1" ~ 30 353 tlr. ann. I s:~', D. C.
. ,
t ).-~:. !: ,f' l t \' :-,.. t:-,''',I:i'_'' I r.~;;:, 011"""",1:." ",~. '\:,,'; /',<" L"," 1 ~-ll.l~f;(:'h '...If'!l:h" I Numo~' itno It.llll' o~ emr.('\...._.. y','" ~.l,"
_:personnel Staffin~ec. Chandler P. Roland 703 I 2.35-93691 ,,;.~G 2. Prof.. 1 Clerical
"t ~: .,' {I L......: . I~': . .:: -..1 '.:,"':' '. ,. :.'.:":.1. !~':':'.. iift:Orltt'~I_ ;1(. c.t\ljl.l"l':n\llll.l;'''': II 'j::,::!;, ::i" a '. ;":.:'~;.l I 'r ~:.I: r t' .,;-.(1" Iv: It" ri.. .n.:
~:,~. _ ~"'-:, ~"\ L; !,:--"~..::.' .- ~ r:t~' jJ: JIllC': ..,1 I Relocation to Italy
!
Federal Government I GS-2.l2.-l2. 10-05-81 I with hus band
- . :,t, , ~" ii, ~ :!:.~.,<.: .~'... ~;"'. "I, !,...~;: (f _.:1(..... ~- I :: ': oil! ~r:.~",~.'r:'(...I.' ". j....
Although I was hired as Assista'nt Branch Chief of Special Recruitment in
October 1981, I also served as Acting Branch Chief from January 1982. until
my re, ignation. In this capacity, I was responsible for the overall direction
and supervision of the Branch's many special programs" including the Paid
Summer Intern Program, the Work-Study Intern Program, the Presidential
Management Intern Program, the Summer Clerical Program, the Christmas
Clerical Program, and the Veterans Readjustment Act and Vietnam Era
Veterans Programs. The Branch was a180 responsible for all advertising in
conjunction with the recruitment of both Foreign Service and Civil Service
secretaries, communicators, and other support staff. In addition to adminis-
tering the OPM certificate process, I supervised the activities of the Wuhington
Area Recruiter who actively recruited in the metro area and surrounding states
to attract Civil Service personJ1el to positions in Washington, D. C.
In my capacity as Acting Branch Chief, I reviewed and analyzed program
goals and administ~ation to assure that proper actions were taken; assured
that actions were in agreement with Departmental and OPM regulations; deter-
mined eligibility of applicants; ensured that activities were carried out correctly
and within stated time frames; and submitted reports on the Branch's activities.
One of my major responsibilities was to serve as the Department of State's
Central Intern Coordil1ator. In this role, I brought together the various intern
coordinators in 2.3 bureaus and offices for the first time in many years. I deter-
mined avai~able positions. apprised the bureaus of iegal requirements, kept
lines of both written and oral communication open, acted as a central point of
information. for both applicants and bureaus, ens ured that standard eligibility
r~irements were maintained, and coordinated all the intern programs admin-
, istered by the bureauaa.a.d by the ,central intern office. Alao, I wrote a brochure
which is diss eminated nationwide on the various employment opportunities for
interns in the Department of State, .and I regularly answered Congre.sional,
university, and public. inlfUiries.
I travelled and actively reqruited personne.l for the Department as part of
the Division team, making group presentations, appearing on radio and TV, and
conducting individual interviews.
"
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, U.S., Departm, of Energy f'c,'" 10-. d 1( 10-81 i 40
Training and Central Employment ~"II~:) 0' ~~'"'''9~ . ~~Lt" -, '.",'
. ~ ~ . w" ," .
1000 Independel,lce Avenue, S. W. 6('g.mun\: S IS, 920 Ilf' al1n.(I\ Walhington,
Wal hitl 0 D. C. 20S8S ~"o,n9 523,236 Pf" ann.S1d1t' D. C.
ha.1 hilt o' yOU' POSlt'Cn N<lme of .mnll,o'alt suiJe' V'~OI Ar e<l Coo- Teleanone numbe' NumOl!1 ana ..na 0: empl(lve~ yO~ ~~iJe'
PersonnelStaffin R a mond Cardinal v.sez Prof. 1 Clerical
I\,nr. 0' buSlOeS5 or o.gan.:at,on .manu/ac/ullng 'If FeOeril ~t'v.ce C'"lliC'O: md.la,) ~e"e~ graoeol 'an~ allCcateo' YOu' reaso!' 10' "'4'11''10 10 ledve
dccoun/lng socla/se'vlce$ e/c, last olomOIoOll . - Career
Federal Government GS-2l2-ll/2 01-27-81 Advancement
DeS'rtDI.on ot WOI. rOesel/lie yOu' spec",e aU/Ie:, re:'/Jon:'IOIII!'t!S <1"(1 dLComil'l:,llmenl5 /II /h,) 100,
As Team Leader of the Clerical Recruitment Unit, I was responlib1e for:
Planning, developing, and carrying out a recruitment program to attract top-
quality clerical and secretarial personnel to the Washington headquarters of
the Department of Energy; coordinating three office representatives up to
grade GS-9 in a continuous, recruitment effort; developi.Qg, evaluating, moni-
toring, and advising management on personnel staffing programs; identifying
staffing issues and problems and devising solutions to address them; evaluating
the effectiveness of employee.; establishing and maintaining communications
with placement officers of high schools, colleges, and professional secretarial
organizations; preparing and disseminating recruitment literature: conducting
faculty seminars to stimulate interest in prospective applicants to pursue a
secretarial or clerical career with DOE. Duties also included testing, q~ali-
fying, and certifying applicants and placing personnel in accordance with Equal
Employment Opportunity guidelines and FEORP goals. Was team leader for
DOE recruiters at the Second Hispanic Recruitment Conference in San Juan,
Puerto Rico (December, 1980) covering all occupations. All of the above in-
cluded extensive publicity responsibilities.
In January 1981, the work of the Clerical Recruitment Unit was curtailed'.
and I became the coordinator of the Employee Outplacement Program. The
Program was designed to assist those employees who were affected by a reduc-
tion in force in the agency. I designed, wrote, and implemented an active out-
placement program and coordinated the efforts of three team members. Duties
included: Direct-mail solicitations to more than 500 major private sector
employers and government agencies regarding their job opportunities; counseling
affected employees about their career progressions and possibilities; referring
employees affected' by the reduction in force to job opportunities: coordinating
employer/employee contacts; and follow-up.
: Name anel aOel'eu 01 emplOy" s Olginllallon IInelut1' lIP COOt 1/ known, Avel age n"mller ot 1I0u' Sot' wee
Northern Virginia Hotline 3
A P. O. Box 187 Place 01 employmen.
Ar lington, V A 22210 City Arlington,
Stalt V'mnia
Exac! !lilt of you' IlOS'"0n Name of ,mmeo,arr super V,~o, Numllel ana kina o! employerS yOu suoe(,
Hotlin.e Listener Bobbie Kuehn v.srcl
---
Kina of t1~Slness 0, o'gan.!alron Imilnutilclullng It feclt'ral sr. vIer C,v,lIan 01 m,lora,y selles grade Ollank anel C1aleol Your rusa" 10/ leaVing
accoun/lOg SOCIal servIces t/e. last plomohon Travel commitments
Community Service --- at regular employmen1
Descllp!lon 01 wo,It IDeSClll1t you' 5f,Jec,he Qu/,e$ 'eS/Jo/iSICnlllles dnO dCCO"'lJll)lln~"IS ,,, tnls.,Obl
. a on mous tele hone 1istenin and
. 'ded a "soundin2 board" to callers. enabUnA: them to
c-h1"'H'y p1"'nhlerTlIIl in ;:annbjective, non-judgmental and empathetic atmos-phere. -
R ...~nn..rhi1if:y, t"'nrnrnon. RfI!.nl!le, and a good 8enl!le of humor are consiJined tQ.__
_. he nec-e.Rary trait. in an effective listener.
.---
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CITY OF DELRAY BEACH
- BOARD MEMBER APPLICATION
Robert P. Ferrell -
,NAME 95'/7 i~ !J~' ~PaJ/1r'- ~.;:r... 33<//]
IfM:.bor H-,u.!c:;, 124 Ua-rine Way-"H8j Delray Beach,-Fl.--33483
-
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
Palm Beach County Sheriff's Office; 3228 Gun ~Road; Wes~!~lm Beach, FL 33406
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
---- -
~/1' -;;J. 1'1/
HOME PHONE BUSINESS PHONE
.
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Human Relations, PERC,
- Civil ServicA ( other$,LlL~d) - -
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR, HAVE PREVIOUSLY
SERVED (Please include dates)
Boynton Beach Community Relati~ns Board 1978
-- -
EDUCATIONAL QUALIFICATIONS H.S. - a1!Ll!..~e_ro~~ ~~y_~nc~~~~s
in_~w enforcement - present1L~~.!!!dingBarry University to_ recuve "aegree
- -----
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
-- -------- --
----- -
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
media r~WJ.g,ns officer - Sheriff's Office. Palm Beach County
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU, TO SERVE ON
THIS BOARD. 14 years 'in law enforcement with w~~n community relations;
~~tired a~,Lieutenant with Bovqton Beach Police; Elected to 2 terms as Boynton
__~ach Citv Commissioner ~ extensiv!.~!1Q.~and exoerience in communit3 relations
and law enforcement and managemant
PLEASE ATTACH A BRIIF RESUME.
I HE~EBY CERTIFY THAT ALL THB ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON HY PART OF ANY APPOINTMENT I HAY
RECEIVE. 3/71 ~ ~~<I
' .I'
-~~--- ~ ?-!l.o '
- - -------
/ SIGNATURE DATB
LAW BNFORCBMENT HISTORY
Law Enforcement Awards: 1972 Police Officer of the Year.
Monroe County
1977 Police Officer of the Year.
Boynton Beach
Vietnam Service Medal
Chiefs Achievement Medal
10 Year Service Medal'
- Exceptional Duty Medal
Meritorious Service Medal
1978 Florida State Fraternal Order
of Police - Member of the year.
Other Related Activities: Served as President of Boynton Beach
Fraternal Order of Police for 10 years.
Served as President of Palm Beach
County Fraternal Order of Police for
2 years.
Served on Board of Directors of the
Florida State Fraternal Order of Police
for 3 years.
Lobbyist to the Florida Legislature
for 5 years in criminal justice
matters.
Project Representative for the
Governor's HELP STOP CRIME program.
Contract Negotiator for the Boynton
Beach Police Department.
Assistant District Director for
Fraternal Order of Police District
4 (7 counties).
Member of' t~e Flori~a Community
Relations Officers Association.
Member of Florida Law Enforcement
Public Information Officers Association
.-
goVERNMENT EXPBRIBHCB
1976 - 1981: Member Boynton Beach Community
Relations Board.
1976 - 1984: Lobbyist to Florida Legislature
for Fraternal Order of Police.
1976 - 1984: Member - Legislative Affairs Conunittee
for Fraternal Order of Police (State
of Florida). Also member of Candidate
Screening Committee.
1984 - 1986: Elected to Boynton Beach City
.commission. Appointed Vice Mayor by
other commissioners.
1985 - 1987: Re-elected to Boynton Beach City
commission (resigned to run after 1
year due to district implementation.
Appointed Vice Mayor by other
Commissioners.
1984 - 1987: Member Board of Directors, South
Central Regional Wastewater Board.
Vice Chairman in 1984 and 1985.
Chairman of Board 1985.
1984 - 1985: Alt. Representative to Palm Beach
county Municipal League.
1984 - 1987: City Representative to South County
Council of Government.
1983 - 1985: Elected to Palm Beach County Democratic
Executive Committee.
1984 - 1987: Member, Florida Leaque of Cities Ethics
and Personnel Committee
1985: Representative to National League of
Cities.
1985 - 1986: Chairman of South County Council of
Government.
1986 - 1987: Re-elected,without opposition as
Chairman of South County Council
of Government.
1986 - 1987: Representative on Pal. Beach County
Metropolitan Planning Organization
1st Vice President
President
Boynton Beach American Legion Post 164
Vietnam Veterans of America
Member of Chamber of Commerce in:
Boynton Beach
Oelray Beach
Boca Raton
West Palm Beach
Lake Worth
Lantana
Jupiter-Tequesta
March of Dimes 3ail & Bail .
Cystic Fibrosis Drive
Committee Member, Palm Beach County Substance Abuse Program
(1988 - 1990)
Leukemia Society Celebrity Waiter
(1985 - 1989)
Committee Member, FORE Committee to raise funds tor Substance Abuse
Chairman, Sheriff's Office Blood Bank Drives
PERSONAL
Date ot Birth: June 8, 1946
Marital Status: Married to Trace. Alexander Ferrell
Child: One son - Robert Jr. Born - 6/14/68
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
RET1RC>
PRINCIPAL BUSINESS ADDRESS {Street, City, Zip Code)
HOME PHONE BUSINESS PHONE ~E
ON WHAT BOARDS ARE YOU INTERESTED, IN SERVING
.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) ~.'f ,G. MAYO R5 cMERHIie,y ~. 1't13 TD 111'
"L~ df'FtCE. 1175'... \1'1~
EDUCATIONAL QUALIFICATIONS ~ Si:Ifl)t)L S. Jr fJY,lJ!ff$ · -
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
~
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION
~
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
~.5.
~8)S
- I~~
PLEASE ATTACH A BRIEF RESUME. (AU ,<<JAM! G-1YIJ- 5B(V I C:&), ,
"
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS AU TRUE J 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.
-kl~ ~ 1) 1''11
SIG TURE DATE
4/90
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j . 1.J()cal Sect' ri I'. I .~
..
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Officer Pr()11l()/('([ I ~
I
I To, R. (111 J. oj' (;/1 iej' t ...'
Murray Sohm(lr. 5~45
Netherland Avc., a !\Jew York
State Security Division officer,
has been promoted to the rank of
Chief, the highest rank in the
uniformed division.
~;;, Mr. Sohmer has been with the . .
Security" Divi~on since 195fi. He
"\"as instrumental in t:realing a
'motor scooter natrol within the
. . , . 'N.Y. City, Police Department, for
" which he~\received a cash awtlrd
~. . and lelter of com m~nda tion from
" . - .. .
'{ :" 'Governor HockeCeller.
. I .... , ' ^ World \Var 1( Air- F()rc~
'I veteran, l\lr. Sohmer is' 51 years
." old and is married to the former
'\ ~', Roslin Weiss. He and his wife
~ have lived in Riverdal~ for eight
years. Their tv/a chilrlren Karen
;\nrt ~tpnhpn. are both married.
"l
"
.
. '
:t
;'~1]~r~.V Sohm~r -2- R~EW""~
A~ the Scr~c~nt in chargo of thG Motor Scootor Un1t, tralned ~~d cuporvt~
enoroximatelY 150 cfflccr~ in tho uce of motor ocootor~. Introduced the
use of the motor scooter for patrol duty on Stato facilities.
Rccelv~d a. ~;ci'lYork stata E~ployccs Su~gestlon At'!aro for th13 innovation.
This in~ovatlon w~s .flrzt used s1x ycars prior to cotor scooter uzo by t:
riew York C1 ty Police Dep:1rtrnent. S crv.cc1 as ,11 conEiul t.::mt to In.:.poc tor Sprc
in the ?~e:'! Yor!{ C 1 ty Pol ic.::: D::::pcrtncnt, <::.nd o.s::: 1:3 ted hie 1:1. the crc~tlon
of a ~otor scooter p~tr~l un1t. It presently numbcra 1,500 ~coote~s.
1;1 :.dd1t1on to rer;ul.:,r dutic; .:.t the r,:.:1.h:.tto.., S'.;.:.t.: Ccrn!11cx, \'::15 zcl'cctc
to bc:'"'ln the 1:0','1 York St~t.e Safety Offlccra Tr:l1nir'''i.~ .".~:'\d~=y on Staten
Islc.nd.. Ao chier lnztructor =r.d 'coordin:::.tor fo:" '.;hc 1'.c'''.dc::'.J, dcs1c;ned tr
courzo of study for tho tra1ning of 900 Stato Security Officers.
, ,
1~C;7 - 196? ^:J~ist~n~ Commissioner E
Institution Pollcemc.n 270 Broo.d\':o.y
State Excapo Unit (Plainclothos) Nc..t York City
One of three offlcero a5~ign~d to ~ zpec1al ~ppreh~ns10n te~Q to cover
th~ ~ntire City of New York. Our Job w~o to investieato and ~pprchend a~
dan~erous escaped ~ental pat1ents from tho State of How York who wao con-
sidered d3~crous to himsolf or others, and return h1m (or hor) to tho
nearest place of detention. Our record for flvo locra was 87% ~rro~t and
return.
,
Prior to 1957
!n ~ddltion to being ~ Plainclothas Security Officor w1th the United Nati
ernp10~~nt history inoludes sorvico with P1nkorton's as an undercover
operatlve.
F.DTJC ^T I 011
1. l:e~'1 York Cl ty Safety Adv1sor to l1ayor B~ar.!o - 197:3 to 1976.
2. Internatlon~l Association Chlefs of Pollce of ^~cr1c3 - 1973
j. Internat10n~1 Association or Narcot1cs Enforcement Off1cero - 1973
4. Mew York state F1ro Marshall - 1970 - 1973
I 5. ~!et'l York City PO,11co Academy Ccrtiflc"te for completlon of a course in
Scientif1c neac~rch: latent pr1nts - 1972
6. New York,Clty Pollee Academy, a CIe courso; plainclothos - 1972'
7. Fire Superior Officer's D1plo~~, 1969, frOM tho Now ~ork State Dept.
or Mental H~g1ene, tra1n1n~ department. ,'I
8. Certif1cate, Now York Stato Safety Training Acadomy Suporv1sor's
ccrtirlcate - 1968 ' .,
9. Ofrlce of the Governor, now Yorl< State Fira Course , flromansh1p,
certificate o~ completion - 1968
10. InstM.1ctors ,Certific:l.to. NO\'I York State Education 'l'raining Dopartment
(safety and security) - 1967 '
11.Theodore Roosevelt High School, Ne~ ~ork City, N.Y.
PF.R~ONAL DATA: -
A~c: 66; Marltal Status: H~rr1ed; 2 children; Mllltary Statu9: Honorablo
D1schar~e, M.P.USAF: Amenable to travol; Personal and bualuoss roferences
available upon rcque~t.
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SGT. l4URRAY SOHMER, in charge of a New Yox:k State Suety Division
Motor Scooter Patrol
Here is what he has to say about his Lambretta iSO/Special and ho.w it helps
him in the performance of his duties:
liMy Larnbretta Motor Scooter, which I use as a New York State Law En!orce-
ment officer, helps me cover my assigned beat much faster than if I were on
foot or in a patrol car. It isa most dependable piece of equipment, in many
cases I can jwnp side,walks. ride over grass, ride between buildings and is
excellent in the control of piL"rking problems. II
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fEBRUAlY 1968_ Safety Officers' Hold Training Session
Classes of the fi~t safety office~ . lion 01 a permanent tninin.g andC'ntv. l
lraining acadcmy in the rounlr)'. to be Trainees attendl"'l1 aU day cI.~ in
op<'ralrd b)' the New YOf'k State Dc- pol~. firr and So'lft"'ty .....Of'k., as 1Wll as r
p~r1m('nt of ~1ental H~giene. began in flnt aid and public rt'lali(ln.~. .
.
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.
Slalen Island lnslilllle fOf' Buic Re- were from the Cil)' Polk.. ^cad(,ln~'. the ,
seanh in (\1cnt:d Rt"tardalion. firr traininjt sc",ice and the, [Aop.tr1' .
Thirty-one safcl)' olliCt'~ from stale menl of MenIal Ilygil-ne. f
ill\lillllions romplelcd the I"'d' ....('('It Ra~'mond KdlOc chid ""Cl'I)' offi(,'r
rollrse in lA,,-~mb('r. The rl~t scs.sion. oi Manhattan Slalc Ilospilal j, l'\lnl' ,
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a pilot program. was held in ant.icipa- m:lndinc offia:r ol the new academy. ,
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DA V'ID H. BLUDWORTH POST OFFICE BOX 2905
,rHt \ IlIIM"" Y WEST PALM BEACH. fL U.02
(305) 820-2.60
, . .
OffiCE Of THI
STATE ATTORNEY
I-IFI ~~~ rlljUlllU,\L UIKllI r O~ ~L(JMJl)A
IN \Nll ~UM PALM HlAlH COUNTY
NoverrCer 3, 1987
Mr. r-tJrray Sohmer
2345 N.W. 14th Street
Delray Beach, FL 33445
Dear Mr. Sohmer:
Thank yc.u very I'lL1Ch for your note and the reSLme that you attached.
You certainly have an ~ressive reSLme and credentials that few have or
can obtain in law enforcement work.
I \rill review your offer to be a voluntary investigator with the Chief
Investigator and others so that 'Ne might be able to make sane sugqest:ia'lS
to yc.u for assistance to us.
Thank yc.u very ItI1Ch for your interest and kind
DHB/llk
cc: W. J. (Buz) Pattersa\
.
/ ~
,
CITY OF DELRAY BEACH
. ~AME )1.~~~BO~7ERAP~CAT:MAH'
~5i Sw'v1'* A-vL ~~ ~ 3Jtf'is
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENC )
IY 0 tlL
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE fo1-}7 g -C{.s1 V BUSINESS PHONE tI oHL
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
& ~OA . jC "5 P-> " ~el1~';:r\f~' nd
. ( J~ l'.rr 0.. \ J-.till.il · t d . 13t"C . .
LIST ALL CiTY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS tJ L-Vf:-~ (;..LA D uA T€- -
B .). I H /3..; fo.1 E..J'.5 A-v ;11 HI 5'n.!mo H - /1 AJ tJ f-. I H
. 1~()HT7J1G- .
LIST ANY RELATEDrfROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD .
l.u:n FJlo.{J r Ii Bwe.... Au AV,.ms,~r- < ,.IE:~ ~ ';
G~E YOUR PRESENT. OR'M~ RECENT EMPLOYER, AND POSITION
& f55+-l'oMIMff rJllIG-mf/, !I~1
DESCRIBE EXPERIENCES. SKILLS oa KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON JHIS
BOARD /' 11 _
o s- .:.l 0 (l...5. 0 F- tJ 8 L1 c..-. T'tGLo tJ t-rrnJ
A,., S oF- r HI) IJ~. . ~f) '-Tlo
,( .5 t..I4 AH' oF- --rk. &, M.iJ ~F- ~ 115Tt-1EH-r--
PLEASJ 'ITTACH I ~ti~ . e..ItJ ~.j f:..J-S~i ~ e.Jf:t.AL '-At-. r
-r~ .) Men=- 11 rJ~ {; ~.IJ
IHEREBy'C'Ellin. THAT ALL THE ABOVE STATEMENTS AlE TRUE, AND I AGREE .u'lD'
UNDERSTAND THAT ANY MISSTATEMEN'r OF MAtERIAL FACTS CONTAINED IN nus I\PPLICA-
tION MAY CAUSE FORFEITURE UPON MY PARt OF ANY I\PPOINTKENT I MAY RECEIVE.
.~
c9~ f /qqn
S . ATtIRE- - DATE
4/90
..
~
CITY OFDELRAY BEACH
. BOARD MEMBER APPtICATION
NAME
~.31'1~b
/J606
:<rO~ ~..!)
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
~AI~ ' ~ /'
EDUCATIONAL QUALIFICATIONS 4f2r C A77/1CN6~
Slit/l~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
JJt€ AYE /
Jt!'G AJt!ytJMt!" ~/?'RCN(5"/)
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION
t/5,v-r/P/ft hv.p fJv~~/C ,MJVDOb~ t4&" ~ftll/r~/dl~-~' /IT,
,
DESCRIBE EXPERIENCES. 'S~ILLS 01. lCNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD ~ ' ' /
'C~A.j~ 56G" RGSUMG A?/,qt!/r1GLJ.
PLEASE ATTACH A BRIEF RESUMI.
I HEREBY. CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGUE AMD
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED ui THIS APPLICA-
TION MAY CAUSE FORFElTUU UPON MY PART OF ANY APPOiNTMENT I HAY RECEIVE.
b~&~ ffilPC/# /v/ / ~ ~ /
DATE
S IGNATU , ,
4/90
'. .
'. ~
DONALD Z IMAmJU4AN
7344 Cluni~ Place
. De 1 ray Beach, F:' 33446
(407) -l96-',P27
GENERAL BACKGROUND
Over thirty-three years of e" perience in the f~eld of publlC
schoo 1 educa tic:.; the last sev~nteen years a~ the Vice ?rincipa 1
of a s en i 0 r h i q Ii s C n 0 0 1 wit has t u den t pop u 1 a ~ i (. n 0 f !~. 9 h tee n -
hund t'ed, a professiona 1 statf 02 one-hundre,1 -thir~y and a
supporting staff of twenty-five.
PRO~ESSIONAL EXPERIENCE
-
9/89 to In';eri;n A :; 5 i 5 t a.!l t Principal, ..; a me.~ '..Ii. " son 10U;'.O
: 2 /8 9 J~nior High SCh0~L, Baypc:, ~, " "
.. .. .
I assulned this position :..n order to .. provie;e administrative
."
1 e ad e r s h i, pun t i I the jistr:ct could fill the positio" with a
suit.;ble ;~'ermaneni: candidate
8/7J to V Lce Principa I, (encra 1 Is lip Se&1ic!'" H .gh Sc'1001,
3/89 ' Centra 1 r s lip, ~JY.
t-i Y rf..sponsibi ~ ities i n c 1. ;J d Po d all o has f! ~. involv~j in the
administra!:ion and su~ervision Ot " secor-aary SI~\:OO 1: teachE: r
observation, budgE:t prei:>aratio~ a:id mon l tor i !~g, schedulin~,
seCllri ty, student di~cipline, trci:1sporta tiC'.." cU1,'ricu 1 urn re\,' iew
and development, s\Jp~'cvision ot custodio 1, cl~rical and =3~etsria
staff.
11/74 ~',erved on Midd 1 e' .\tlantic Scates e:valuat~on
t.~ommi ttee.
I w"s the Ctairman of se"era1 ~ey committses invclved in the
evaluation of a Senior Hi9h Scho.;l in Dutchess County, NY.
9/72 'to Instructor of !nservice Courtes for Teaehers.
6/i5
I tauqht . series of c:>urses for the Board of Cooperative
Educational Servic.s, Dowlinq Colleqe, Oakdale, NY.
,9/iO to . Instructional Coordinato~ of Industrial Arts, Cen~ral
8/73 Islip Junior and Senior High Schools.
This position involved responsibilities in supervision and
aqministration of the. Industrial Arts prQqra. in qrades se~en
through twel ve. Durinq ..this period, ]; wa.. also responsible for
teaching two senior hi~h school classes each semester.
'. ~
Donald Zimmerman
page two .
~0FESSIONAL EXPERIENCE (continuedl
9/6,2 to <':hairma'1 of Industria 1 Arts, Centra 1 is 1 ip Jl.nior
6/70 High Se:-lool, ":-=!:~ral i::ii.l.~, ~'i.
My responsibi 1 i ties during '_ois period inc 1 uded superv is ion 0 f
personr.el, ~~dget preparation, purchasing and c~rriculum
deve lopr:en t.
9/56 to Teacher of Industriai. Arts, Central Islip Jtlnior-
6/70 'Senior rliqh'Sehool, Cen~ral Islip, NY.
9/5 5 t 0 ~ e a c :-, e r u fIn d L: S ~. ria 1 Art s , Do v e r.) 1 (, ins J u n 1 :) r -
6,:6 Si:::nior :.jigh Sehovl,' Dove:: ?~ains, NY.
EDUCATION
New York Univf:rsity, HcEstra Univers.ity, Colorado State
Uni\erS'~ty-1963 through 19.11: Advanced sttldies in ed~cati"nal
administr:'\tion, supervision c.:.nd Vocational Educat,:on.
City College of ~'lew York: M..";ter of Sci.enc.~ in T:du:.:.tion-
Ind~3tria1 Ar.~ 1963.
City College of New York: Bac~e10r of Scien~e in Educ~tion-
Ir,iustri."11 Arts 1953.
BrooklY1 Technical High :;cho01, Brooklyn, NY: Academic Dlplom;:a
1951.
;~ERTIPlr.AT!.')N
-. .----
Pe~manent - State of New York:
Chief Publ.&.c School Admiaistrator
Scr.'~ol AdJainistrator and Supervi sor \
Chairman of Industrial Arts
Teacher.of Industrial Arts
RBPBRBNCBS' .
Will be furnished upon request.
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERC7v{
SUBJECT: AGENDA ITEM # ctr- - MEETING OF JULY 23, 1991
APPOINTMENT OF THREE MEMBERS TO THE EDUCATION BOARD
DATE: July 18, 1991
This item is before you to appoint three members to the Education
Board. The terms of Thomas Flemingl Beth Mulholland and Lillie Parker
will expire on July 31, 1991. Both Mr. Fleming and Mrs. Mulholland
are eligible and have requested reappointment. Mrs. Parker does not
wish to be reappointed. We have received the following applications:
Katherine Sloan Joseph Valentino ( 1 ) Horace Waldman
Deborah Wright
( 1 ) Currently serving on the Kids and Cops Committee.
The previous appointment I made on March 261 1991 by the Mayor was out
of rotation sequence. In order to return to the proper order, the
appointments will be made by Seat 3, Seat 4, and Seat 1.
Recommend three members be appointed to the Education Board to terms
ending July 311 1993.
S EfT+ :3 (j)nDrcEu.JS) - pO~/ponE-O TO "8/13
S€R+ L{ (RAndolph) - /)ppOin-fED DElbeJ:JH wel9h~
pA SSED 1./1-0/ (JfnD~EWS c/,S5&?+e.a)
5e.Frl- / (mou..w)
- pOStponE tJ 8'//3
70
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Alison MacGregor-Harty, City Clerk
FROM: Anita Barba, Board Secretary
SUBJECT: VACANCIES ON THE EDUCATION BOARD
DATE: July 17, 1991
The terms of Thomas Fleming, Beth Mulholland and Lillie Parker will
expire on July 31, 1991. Both Mr. Fleming and Mrs. Mulholland are
eligible and would like to be considered for reappointment. Mrs.
Parker does not wish to be reappointed. Mr. Fleming and Mrs.
Mulholland will be sending their resumes. The terms are for two (2)
years and will expire on July 31, 1993.
According to Ordinance 24-90, Section 32.28, "The members of the
Education Board shall be residents of the City of De1ray Beach or shall
be a person with a child or children attending Delray Beach public
schools. Should a member of the Edcuation Board not be a resident of
the City of De1ray Beach and should that member's child or children
cease attending Delray Beach public schools, then such member shall no
longer be qua1ififed to serve on the Board."
The following persons have also expressed an interest in being
appointed to the Education Board and have submitted their resumes for
consideration.
Katherine Sloan
Joseph Valentino (currently serving on Kids N Cops)
Horace Waldman
Deborah Wright
The previous appointment was made on March 26, 1991 by Mayor Lynch,
which was inadvertently out of the rotation sequence. In order to
return to the proper order, the appointments will be made by
Commissioner Andrews (Seat #3), Commissioner Randolph (Seat #4) and
Commissioner Mouw (Seat #1).
ed.txt
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: APPOINTMENTS TO THE EDUCATION BOARD (3)
DATE: JULY 17, 1991
ITEM BEFORE THE COMMISSION:
- -
Consideration of the appointment of three persons to the Ci ty' s
Education Board for terms expiring July 30, 1991. Tom Fleming
and Beth Mulholland are requesting Commission's consideration for
reappointment to the Education Board. Lillie Parker, the current
chairperson for the board does wish to be reappointed.
RECOMMENDATION:
City Commission consideration of the request for the
reappointment of Tom Fleming and Beth Mulholland to the Education
Board.
B:EDBD.BA/LBR2
-
~,L' 3JiJ)qO
CITY OF DELRAY BEACH
BOARD ~EMBER APPLICATION
NAME Kathryn S. Sloan
502 Rye Lane, Delray Beach, FL 33444
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
Kathi SUmrall Realty, Inc. 822 E. Atlantic Ave, Delray Beach, FL 33483
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 278-3175 BUSINESS PHONE 272-6700
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Education
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
None
EDUCATIONAL QUALIFICATIONS
Atlantic High School, graduated 1985
Early Childhood Education De~ree, University of Geor~ia, 1990
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Florida Real Estate Salesman License
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Kathi Sumrall Realty, I nc . , Kathi Sumrall, Realtor/Associate
AGENCY EMPLOYER POSITION
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
My degree is in early childhood education. I did three months
of student teaching in Athens, Georgia and another three
,
mon~h:3 in London
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. A.~D I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~c9,6Y-- ;:Y~ ~ :Y?
SIGNATURE /
4/90
-
KATHRYN S . SLOAN
PERSONAL BACKGROUND Lifetime ,resident of Delray Beach
Parents: John Nicholas and Rose Machek S'l 0 an, II I
Date of Birth: May 14 , 1967
EDUCATION Trinity Lutheran School, grades K-8
Atlantic Community High School, graduated 1985
University of Georgia, pending degree
EMPLOYMENT
March 1990 to Kathi Sumrall Realty, I nc . , Delray Beach, Florida
present position: Salesman
Feb. 1988 to
June 1989 Coldwell Banker Upchurch Realty, Athens, Georgia
position: Office Manager's Assistant
Summer 1986, 1987 Wee Care Day Care Center, Delray Beach, Florida
position: Assistant Classroom Teacher; infants,
Two year old, nursery
Christmas 1985, 1986 Rosella's Bakery, Delray Beach, Florida
and 1987 position: Baker's Assistant
ACCOMPLISHMENTS AND HONORS
Del ray Beach Board of Realtors Member
January 1991 to Delray Beach Board of Realtors Committees:
present REALTOR/Lender Commitee
REALTOR/Attorney Committee
Civic Affairs Committee
Social Committee
January 199 I to Cason United Methodist Church Youth Counselor
present
Autumn, 1989 Paticipant in C.O.S.T. program for overseas
student teaching, four months teaching in London,
England
1988 Listed in 1988 Edition of Outstandi~g Young Women
of America
1987-1989 Dean's List, University of Georgia
1985-1989 Campus View Church, Athens, Georgia Committet's
Social Coordinator- College Group
Children's Songtime Hour Coordinator and Teacher
Sunday School Teacher
1985 National Pen Women Scholarship
Miss Atlantic
Additional references available upon request
I
~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME Joseph Valentino
2395 Jaeger Drive. Apt. 4A; Delray Beach. FL 33444
HOME ADDRESS (Street. City, Zip Code) (LEGAL RESIDENCE)
Retired - Part time tennis night court supervisor of De1ray Tennis Center
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 407-278-1428 BUSINESS PHONE 276-5146
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Education Board
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
Member and Chairperson of the Human Relations Committee 1986-1989
EDUCATIONAL QUALIFICATIONS Graduate - Bucknell University
Masters Degree in Industrial & Vocational Education - Maryland University;
Graduate Army War College
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Teaching Certificate - New York State and Palm Beach County
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION Retired
Part time night court supervisor - Delray Beach Tennis Center
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD 1) Masters Degree in Education 2) Served .as instructor of Communications
and Intelligence. Signal Corps World War II 3) Lay Minister in Catholic
Diocese of Palm Beach - Ministry of youth development 4) Former Chairperson
of Human Relations Committee 5) Substitute teacher - over 35 years
PLEASE ATTACH A BRIEF RESUME. 6) Member on the Board of Directors for the
I HEREBY CERTIFY THAT ALL THE Drug Abuse Foundation for Palm Eeach County
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.
~~/~ ;kc~/*/'7f/
DATE ,
SIGNA RE 4/90
--
RESUME
l. Graduate of Bucknell University - scholastic and athletic scholar-
ship, June 1937
2. World War II - Signal Corps Army Officer in Communications, Securi-
ty and Intelligence, 1943-1946
3. Masters Degree in Industrial and Vocational Education, Maryland
University, 1950
4. Retired Government Engineer and Research Analyst from the National
Security Agency, 1943-1973 (30 years of service - involved in
communications security and intelligence).
5. Experience in trainin~, coachin~, and counse1in~, over one-thousand
(1,000) youngsters during a period of fifteen years in parish
religious, athletic, recreational, cultural and social activities -
St. James Parish, Falls Church, Va.
6. Substitute teacher for thirty-five (35) years in academic and
vocational courses
7. Tennis night court supervisor at Delray Beach City, 1981 - present
8. Completion of a two (2) years' program in Lay Ministry conducted
by the Catholic Archdiocese of Miami; commissioned June 6, 1982,
to serve as Lay Minister in the development of youth
9. Served as member and Chairperson of the Human Relations Committee
(HRC) 1988-1989
10. Served in "Cities in School" program tutoring youngsters in need
of help in academic subjects at Carver Middle School of De1ray
Beach 1989-1990
1l. Tutored inmates in Lantana Correctional Institute 1989 and coached
inmates in a tennis program
12. Involved in De1ray's Kids & Cops program with particular interest
in a recreational and sports boxing and educational program with
the particular objective of keeping youngsters in school
-
>
e'
CITY OF DELRAY BEACH
I ( ,. BOARD ~EMBER APPLICATION
NAME -H-o t- A c-L - J . W r!tJ!' A f'-/
4-=si SW vf-nl- t+-vL ~~ 3Jtf.JS
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENC )
;'/0 tlL
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE fo1- '0 g -1' s1 V BUSINESS PHONE tI OHL
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
~ \:l 0 A j C "5 ~ '. f e h ~l ; ~ l\ f ,,' Ii d
(3\:r.n-~\)~ , td 8r
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOrSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS 0J ~b--L ~ D tJA T'f- -
B .). /lj Bv fl JI ESJ A-v }JI / H) f'TUrrlo H - /1 A-J r)!- I H
~JHT7t1G- '
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
l-U:nftt:-Q puBwc- b\Jr-/T7lrJy-<f.fEJ~ I
G~E YOUR PRESENT, OR MOfT RECENT EMPLOYER, AND POSITION
& 1'>5 ~~M(MfI LJrJlI.IG+I7JHj !I~t -PM---rrl Y--
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD A-t.-H 0 5~ ~ 'f f-A ~ 0 F- f u 8 L1c- b tJ f'fTn./ fr-
11-' 1'1 A 1'1 i ~ s 0 F- f J{ D V fT1... 1- IN APfJ '-"0 rI
I. wAs ~J~AH oF- ~ BvM..D ~F- ~.JUST!1EH-'-
J N P U f N~I N E-lJ ~-J f:..-Il-SEJ Fop- 5 CJE:f-AL 'f f.AL [
PLEASE'ATTACH A BR1E RESUMt~'1
~K 15" en-!1 uc..#- ~ A-+>.s;
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.
~ f)CfOtt;L I /qro
S ATURE DATE
4/90
-
4 CITY OF DELRAY BEACH
- BOARD MEMBER APPLICATION
DE !3tJ!< /7- H tV K}T G- If T
NAME
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HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
/ 50 I N. v<I. /5 ~ LOfj,eL-J8tJC;'f1 1<AT"D~'-. -, 3Y0Y
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
;27&;- 5 3 7 J... 33 ~-I'foO
HOME PHONE BUSINESS PHONE:
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING EbUc.,,4TDN, C~, fLlhtlt1IDJ~"tL,..I;fJI:)IJ,
.
- -
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) .AT Tn-.I5 T.Df;t~ Aftr- II-It/Y'
EDUCATIONAL QUALIFICATIONS M. S' &x,,q.~ 5rwD.I:::c5 If- /VJ) IBr...I.s:Dv ~
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LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
~EAL Cile. T E L-.r:- f.-1=':?::!~~..., /tJ'ICrf-TAla- ~~T.IFzCA TT
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GAVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
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DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE, WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. ;:DuUT:!::1l-..) &~i) -1/kA~H-r -I::Nf'Jll.t..""~4I'k!t+ 1r~~/3Y~5....:
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PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE. / , / C/O. AiXi.1L ~
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SIGNAT DATE
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1'1.;, t. h el1121, t i .== Tu,t.or i al Teacher
1975 -.. 78 F ::,,1 r'l 8eac h COLlnt't' School Board
Substitute Teacher
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
1
FROM: CITY MANAGER1/-'{
SUBJECT: AGENDA ITEM # q:r - MEETING OF JULY 231 1991
APPROVAL OF CONTRACT BETWEEN THE CITY AND HELLER-WEAVER AND
CATO AND APPROVAL OF SERVICE AUTHORIZATION NO. 1
DATE: July 18, 1991
This item is before you to approve the "boiler plate" contract between
the City and Heller-Weaver and Cato, Inc. for surveying services in
conjunction with the Central Business District Alleyway Reconstruction
Program and to approve Service Authorization No. 1 in the amount of
$49,500 for survey services.
This is a standard contract. Any work performed under this contract
will be authorized through a Service Authorization.
The scope of service for Service Authorization No. 1 includes:
1. Field topography and tie-in of all existing improvements
within the righ1::-of -way including the beginning and terminal
intersections of the alley segments to be reconstructed with
adjacent roads. Field surveys of adjacent roads should include
all rights-of-way and facilities within 50 feet.
2. One inch = 20 foot scale drawings on City-furnished mylars
showing field information.
3. All laborl equipment and materials necessary to furnish
complete base map survey drawings.
The City will be required to provide all available copies of plats,
as-builts of existing utilities, surveys and any information that will
aide in the location and mapping of the alleys. AdditionallYI City
staff will be required to uncover underground utility locations.
Funding is available in the Decade of Excellence Bond Issue (Account
No. 225-3162-541-61.43).
Recommend approval of Service Authorization No. 1 in the amount of
$49,500 to the contract between the City and Heller-Weaver and Cato,
Inc. for surveying services in conjunction with the Central Business
District Alleyway Reconstruction Program with funding from the Decade
of Excellence Bond Issue (Account No. 225-3162-541-61.43).
~ ~ 5-0
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM # loA - MEETING OF JULY 23, 1991
COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSED 1991-92 STATEMENT
OF OBJECTIVES
DATE: July 181 1991
This item is before you to approve the proposed Statement of
Objectives and projected use of Community Development Block Grant
funds for fiscal year 1991-92. In compliance with Housing and Urban
Development (HUD) regulations a public hearing is required to receive
citizen comments on the proposed Statement of Objectives and projected
use of Funds. Community Development Block Grant expects to receive
$483,000 in grant funding from HUD. In additionl the City was granted
$4/000 in recaptured Urban Development Grant (UDAG) fundingl which is
incorporated in the proposed expenditures for the upcoming fiscal
year. Staff conducted a needs assessment on its proposed use of funds
for fiscal year 1991-92 on May 22nd at Pompey Park. There were no
public objections.
Funding is proposed for the following projects, in the amounts
indicated:
-Housing Rehabilitation to bring approximately 12 housing units
up to standard conditions- $260,218.
-Emergency Repair to owner-occupied units within CD Target Area.
Includes plumbing, electric and roofing - $15,000
-Demolition/Clearance of approximately three vacanti dilapidated
or condemned structures and clearing of property - $7/000.
-Title XX Child Care provide funding for one full-time staff
position - $20,782.
-Recreation Improvements to upgrade the irrigation system for
parks and ballfields'at Pompey Park - $12,000.
-Public Facilities construction of 1/890 linear feet of new
sidewalks - $501000.
-Public Facilities provide funding for additional administrative
office space at the site for Aid to Victims of Domestic Assault
facility - $28,000
-Program Administration - $91/581.
-Contingency - $6,419
Recommend approval of the proposed Statement of Objectives and
projected use of Community Development Block Grant funds for fiscal
year 1991-92.
Agenda Item No. :,
AGENDA REQUEST
Date: JULY 3, 1991
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: JULY 23. 1991
Description of item (who, what, where, how much) : IN ACCORDANCE WITH 24
CFR 570.301 (b) (2) OF THE COMMUNITY DEVELOPMENT BLOCK GRANT REGULATIONS. THE PROPOSED
STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS IS BEING PRESENTED FOR PUB1,TC
HEARTNG.
(Example: Request from Atlantic High School for $2/000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
STAFF RECOMMENDS APPROVAL OF THE PROSPOSED STATEMENT OF OBJECTIVES AND PROJECTED USE
OF FUNDS.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). ~' ------
Department Head Signature: ~a- . -."-
City Attorney Review/ Recom endation (iffapPliCable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO ,
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
M E M 0 RAN DUM
TO: David Harden, city Manager
FROM: Dorothy Ellington, Community Development Coordinator b~
THRU: Lula Butler, Director, Community Improvemen~
DATE: July 9, 1991
SUBJECT: Agenda Request/proposed Statement, 1991-92
ITEM BEFORE ~HE COMMISSION
In accordance with 24 CFR 570.301(b) (2) of the Community
Development Block Grant regulations, the attached ProDosed
statement Of Obiectives and Proiected Use of Funds is being
presented for Public Hearing at the July 23, 1991 Commission
meeting.
BACKGROUND
Federal Regulations require that prior to submission of
entitlement applications for CDBG funds the governmental entity
must hold at least one formal public. An informal Needs
Assessment meeting was held on May 22, 1991 at pompey Park to
obtain citizens input on the projected use of funds. No
objections from the community to this proposal were raised.
The City's 1991-92 federal Entitlement Allocation is $483,000.
In addition to the 1991-92 allocation, the City was granted
$4,000 in recaptured Urban Development Action Grant (UDAG) funds
in February, 1991. Municipalities had the option at that time to
conduct public hearings and amend the 1990-91 Final Statements to
accommodate these additional dollars or wait until the 1991-92
submission process started. We opted to wait and apply for these
funds at the same time that we would be applying for the 1991-92
program funds.
Also, we are reporting an anticipated $4,000 in program income
expected through our participation in the Community Redevelopment
Agency's loan subsidy program. Therefore, the 1991-92 proposed
Statement of Objectives and Projected Use of Funds reflects the
additional fund Federal funding and anticipated program income
described above. The total funding amount is $491,000.
RECOMMENDATION
Staff recommends approval of the Proposed Statement of Objectives
and Projected Use of Funds.
,,'
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
PROPOSED STATEMENT OF OBJECTIVES
AND PROJECTED USE OF FUNDS
FISCAL YEAR 1991-1992
INTRODUCTION
The Community Development Block Grant (CDBG) was established by
Congress with the Housing and Community Development Act of 1974
to provide local governments and residents with funds needed to
work in a comprehensive manner towards the improvement of low and
moderate income neighborhoods by providing for capital improve-
ments that would adequately upgrade public facilities and ameni-
ties, provide for the upgrading of housing, including stimulation
of new housing opportunities; economic development activities,
public services, historic preservation; reduce conditions which
adversely affect the health and safety of community residents and
providing for other community development needs having a particu-
lar urgency.
Each CDBG activity must address one of the three national objec-
tives which are as follows:
1) Activities benefiting low and moderate income persons.
2 ) Activities which aid in the prevention or elimination of
slums and blight.
3) Activities designed to meet the community development
needs having a particular urgency.
Since the beginning of the CDBG Program (Fiscal year 85-86), the
City of Delray Beach's allocation has totaled $2,794,000. All of
the funds are spent to improve the area designated as the "CDBG
Target Area", which was selected on the basis of the condition of
the housing and public improvements, as well as the percentage of
low and moderate income residents.
FISCAL YEAR 1991 PLAN
GOALS
The City of Delray Beach has as its overall goal to improve
housing opportunities and existing housing stock for the low and
moderate income residents, provide for the elimination of blight-
ed conditions that currently exist in the established CDBG target
area, to focus the emphasis of the Delray Beach Community Devel-
opment Block Grant Program on the needs of low and moderate
income residents at the neighborhood and metropolitan level.
OBJECTIVES
The City of Delray Beach has as its basic and continuing objec-
tives for Community Development:
1) To improve deteriorated housing units, to develop new
housing opportunities and the removal of unfit housing.
2 ) Reduce conditions which adversely affect the health and
safety of community residents, including prevention, mitiga-
tion and elimination of fire hazards, unsanitary conditions,
hazardous conditions and public nuisance.
3) Preserve community resources and character, including
protection of natural resources and the preservation of
neighborhoods.
4) Continue to provide comprehensive planning to guide communi-
ty growth, including land use planning, capital improvement
planning, new hous ing opportunity planning, and provisions
for economic development.
The City of Delray Beach's entitlement allocation for the period
of October 1, 1991 to September 30, 1992 is $487,000. Incuded in
this allocation is $4,000 from recaptured Urban Development
Action Grant funds awarded to the City during Fiscal Year
1990-91. Additionally, the city's Community Development
Division, through participation in the Community Redevelopment
Agency's loan subsidy program, anticipates approximately $4,000
in program income. Therefore the total budget for FY1991-92 is
$491,000.
The City of Delray Beach has determined that the primary needs
and objectives for community development are:
1 ) The improvement of housing opportunities conditions
through, housing rehabilitation, clearance of unfit
housing, planning for housing needs and development of land
to encourage new housing opportunities, primarily for low to
moderate income families. Development of vacant lots
to encourage and provide for infill housing within the
established CDBG target area, and the funding of one
full-time position to preserve quality of Title XX Day Care
currently available to very low income residents in our CD
target area.
2 ) Preservation of the neighborhoods, through the prevention
and elimination of slums and blighted conditions.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Proposed Use of Funds
Fiscal Year 1991-1992
proaram Activitv Amount
1. Housing Rehabilitation $260,218
1991 Allocation $252,218
1990 Allocation 4,000
Anticipated Program Income 4,000
Provide for approximately 12 housing
units to be brought up to standard
conditions. Census Tracts 67,68,65.02
Federal Highway, Linton Blvd.,I-95
& Lake Ida Road. 100 % Low/Moderate
Benefit.
2 . Emergency Repair 15,000
Provide for emergency repair for 5
owner-occupied units within the CD Target
Area. (plumbing, electric, roof,etc.) Census
Tracts 67, 68, 65.02 100% Low/Moderate
benefit.
3. Demolition/Clearance 7,000
Provide for the demolition of approximately
3 vacant, dilapidated, condemned structures
and the clearance of the property.
Census Tracts 67, 68 & 65.02.
Elimination of slum & Blight.
4. Title XX Child Care 20,782
Provide for the funding of one
full-time staff position for Title
xx eligible child care facility.
Census tract 65.02.
100% Low/Moderate Benefit.
5. Recreation Improvements 12,000
Provide for upgrading the irrigation
system for parks and ballfields at Pompey Park
Census Tract 67
61% Low/Moderate Benefit
'"
6. Program Administration & 91,581
Management
7 . Public Facilities 50,000
Provides for construction of
1,890 linear feet of new sidewalks
Census Tract 67
68% Low/Mod Benefit
8. Public Facilities
Aid To victims of Domestic Assault, Inc. 28,000
Provides for addition of administrative
office space at site.
Census Tract 68.01
100% Low/Mod Benefit
7 . Contingency 6.419
Total Allocation $491,000
RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION
ASSISTANCE PLAN
The City of Delray Beach will replace all occupied and vacant
occupiable low/moderate-income dwelling units demolished or
converted to a use other than as low/moderate-income housing as a
direct result of activities assisted with funds provided under
the Housing and Community Development Act of 1974, as amended, as
described in 24 CFR 570.606(b)(1).
All replacement housing will be provided wi thin three years of
the commencement of the demolition or rehabilitation relating to
conversion. Before obligating or expending funds that will
directly result in such demolition or conversion, the City of
Delray Beach will make public and submit to the HUD Field Office
the following information in writing:
1. A description of the proposed assisted activity;
2 . The general location on a map and approximate number of
dwelling units by size (number of bedrooms) that will be
demolished or converted to a use other than as
low/moderate-income dwelling units as a direct result of the
assisted activity;
3. A time schedule for the commencement and completion of the
demolition or conversion;
,'.
4. The general location on a map and approximate number of
dwelling units by size (number of bedrooms) that will be
provided as replacement dwelling units;
5. The source of funding and a time schedule for the provision
of replacement dwelling units; and
6 . The basis for concluding that each replacement dwelling unit
will remain a low/moderate-income dwelling unit for at least
10 years from the date of initial occupancy.
The Ci ty of Delray Beach will provide relocation assistance, as
described in 570.606(b)(2), to each low/moderate-income household
displaced by the demolition of housing or by the conversion of a
low/moderate-income dwelling to another use as a direct result of
assisted activities.
Consistent with the goals and objectives of activities assisted
under the Act, the City of Delray Beach will take the following
steps to minimize the displacement of persons from their homes:
1. Acquisition or demolition activities will be limited to
vacant, condemned or dilapidated structures, that have
been determined unsafe or contribute to blight.
2 . It is not anticipated that any displacement of persons
will occur as a result of this program. However, if
displacement does occur as a direct result of property
acquisition for program improvements, tenants and
homeowners who are displaced will receive those benefits
provided for under the Relocation and Real property
Acquisition Act of 1970, as amended. Every effort will
be made to allow displaces to locate in the neighborhood
from which they were displaced, if that is their
request. Temporary relocations will be processed in
accordance with the City of Delray Beach Optional
Relocation Policy.
PROPOSED
.
S~O
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~1
SUBJECT: AGENDA ITEM # \bES - MEETING OF JULY 23, 1991
ORDINANCE NO. 27-91
DATE: July 18, 1991
This is a second reading of an ordinance rezoning property located on
the north side of the C-15 Canal between Federal Highway and the
Intracoastal Water Way from Planned Residential Development (PRD)
District to Special Activities District (SAD) in order to accommodate
a proposed boat dock.
There are eight existing docks on this property. The docks have been
completed under the auspices of being accessory uses to the adjacent
townhouse unit owned by the applicant. The applicant is seeking the
SAD zoning district to allow the use of the docks by the Pelican Way
Boatowners Association, thus allowing other property owners to utilize
the existing dock facilities. Pursuant to Section 4.4.7(C) of the
Land Development Regulations, boat docks are allowed accessory to a
single family home in the PRD Zoning District; however, use is
restricted to that of the applicant or his friends. With granting of
the SAD zoning designation, a Boatowners Association would be
established and the docks would be utilized by members of the
Association.
The Planning and Zoning Board at their December 17th meeting
recommended denial (5-1 vote- Currie dissenting/Parker absent). At
that meeting representatives of abutting property owner associations
and nearby residents spoke in opposition to the request.
SubsequentlYI an appeal of the Planning and Zoning Board decision was
filed. As the applicant had put forth proposed changes to the
petition, it was remanded to the Planning and Zoning Board for review.
The changes proposed by the applicant encompassed all of the concerns
addressed by the Board. Thereforel Commission action is now
appropropriate.
.--- _.~-- -----~-~.~_._. --~--------
---------.---- "------.-.--- --_._-_.-.._~.---------_...
ORDINANCE NO. 27-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PRD (PLANNED RESIDENTIAL DEVELOPMENT)
DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT; SAID
LAND BEING A PARCEL LYING IN SECTION 33, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND
LOCATED ON THE NORTH SIDE OF THE C-15 CANAL, BETWEEN
FEDERAL HIGHWAY AND THE INTRACOASTAL WATERWAY;
PROVIDING FOR THE ESTABLISHMENT OF USES ALLOWED FOR
THE SUBJECT PROPERTY; PROVIDING FOR SITE AND
DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; 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 SAD
(Special Activities) District as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
That portion of the South 162.31 feet of the West
One-Half (W 1/2) of the Southwest One-Quarter (SW 1/4)
of the Northwest One-Quarter (NW 1/4) of the Northwest
One-Quarter (NW 1/4) of Section 33, Township 46 South,
Range 43 East, lying north of the north right-of-way
line of Canal C-15, Palm Beach County, Florida.
The subject property is located on the north side of
the C-15 Canal, between Federal Highway and the
Intracoastal Waterway.
The above described parcel contains a 0.17 acre parcel
of land more or less.
Section 2. That the uses allowed for the subject property
described in Section 1, above, pursuant to Section 4.4.25(B) (1) of the
Land Development Regulations of the City of Delray Beach, Florida, shall
be as follows:
(1) Eight (8) boat docks to be utilized by the
Pelican Way Boatowners Association
(2) Private use of that portion of the subject
property which is associated with the townhomes.
Such uses are limited to those identified as
accessory to a si,ngle family home.
- -----. "-----
----~ --_..- --~--~- ---~~"--------_._-----------------------
Section 3. That the development of the subject property
described in Section 1, above, is to be in accordance with the site and
development plans, as follows: Drawing SP-l (Site Plan - Pelican Way
Docks) prepared by Sanders Planning Group, P.A. , 2425 East Commercial
Boulevard, #407, Fort Lauderdale, FL 33308, dated 4/3/91, with last
revision date of 6/27/91; and Drawing L-l (Landscape Plan - Pelican Way
Docks) prepared by Sanders Planning Group, P.A. , 2425 East Commercial
Boulevard, #407, Fort Lauderdale, FL 33308, dated 4/3/91, with last
revision date of 6/27/91; and attendant conditions as approved by the
City Commission on July 23, 1991, to-wit:
(1) Membership in the Pelican Way Boatowners Association is
limited to the owners of the following units:
Lots 1-4, 8-10 of Phase Four-A of Pelican Harbor as
recorded in Plat Book 53, Page 92, Public Records of Palm
Beach County, Florida;
Lots 27, 28, 30, 31-34 of Phase Two of Pelican Harbor as
recorded in Plat Book 37, Pages 32 and 33, Public Records
of Palm Beach County, Florida; and,
Units 101-117, 301-319, 501-519, 701-719 of Captains Way
Condominium only upon provision of proper pedestrian
access through the fence on the east property line.
(2) Recording of amendments to Boatowners Association
documents.
(3) Recording of easement deed to Boatowners Association for
seven (7) foot area along the canal.
(4) Recordation of Unity of Title between the subject property
and Lot 28 of Pelican Harbor as recorded in Plat Book 37,
Pages 32 and 33, Public Records of Palm Beach County,
Florida.
(5) Platting prior to issuance of certificate of occupancy on
docks.
Section 4. 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 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 2 - ORO. NO. 27-91
;,,(
- ----_._-~ ---~- -~---- -~----
------------------------ --- -,---~----_.._------- -------- ----- -------- ---------~--,-- ----
Section 6. 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 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading February 12, 1991
Second Reading
- 3 - ORO. NO. 27-91
"I(
l'A I
CITY COMMISSION DOCUMENTATION
TO: C2jD T. HARDEN, CITY MANAGER
FROM: . DAV~~A~i{I~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JULY 23, 1991
SECOND READING OF THE SMILACK REZONING ORDINANCE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a rezoning ordinance on second reading. The
rezoning is from PRD to SAD.
The associated project is that of boat docks for Pelican Way
Boatman's Association (Smilack).
BACKGROUND:
The item was before the City Commission for appeal of the
Planning and Zoning Board action of denial, as well as first
reading on February 12, 1991. At that meeting the applicant's
legal representative put forth proposed changes to mitigate the
Planning and Zoning Boards concerns. The City Commission
approved the request as mitigated on first reading. Pursuant to
Section 4.4.24(C)(2) the applicant was given a maximum of 180
days to submit and receive approval of a final site development
plan incorporating the proposed changes. The Planning and Zoning
Board reviewed the revised plans on May 20, 1991 and recommended
approval subject to the following conditions:
* Limiting membership in the Boatman's Association to
owners of specific lots which abut the C-15 canal.
* Recording of revised Boatman's Association documents.
* Recording of Boatman's Association ownership interest
in the 7' easement area.
* Subject to platting prior to C of 0 on the docks.
* Revisions to the site plan (i.e. fencing) .
Revised site plans have been submitted and the legal documents
have been reviewed by the City Attorney. All
conditions above are contained within the SAD Ordinance as
conditions of approval.
,,,*
City Commission Documentation
Second Reading of the Smilack Rezoning Ordinance
Page 2
The applicant has indicated they object to the requirement to
plat the property.
RECOMMENDED ACTION:
By motion, approve on second reading the rezoning ordinances from
PRD to SAD for the Smilack property.
PD/#42/SMIL.TXT
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Clpr OF DELRAY BE:ACH ,
--- 8T AFF REPORT ---
MEETING DATE: MAY 20. 1991
AGENDA ITEM: IV.A.
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ITEM: SITE PLAN FOR THE SMILACK S.A.D.
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GENERAL DATA:
OWner...........................Alma Jeanne Slyzyk-Smilack
Agent...........................Harvin Sanders
Location........................North side of the C-15 Canal
between Federal Highway and the
Intercostal Waterway
Property Size................... .17 Acres
City Land Use Plan..............Medium Density 5-12 units/acre
"
City Zoning.....................PRD (Planned Residential
Development)
Proposed Zoning.................SAD (Special Activities District)
Adjacent Zoning.................North, East, and West of the
subject property are zoned PRO
(Planned Residential
Development). South is the C-l5
Canal.
Existing Land Use...............Vacant Land with 8 boat docks.
Proposed Land Use...............Pelican Way Boatowners
Association use of the docks
in part with optional pool area
for private use of adjacent
townhomes.
Water Service...................2" extent ion of the 6" water main
along Harbor Circle to be
provided. ITEM: IV.A.
Sewer Service...................No sewer service to be provided. .
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lbebula caralba Yellow Tabebula 12' ht. x 6' spr., 6' clear trunk (4'slngle straight trunk)
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3te8 blcolor Yellow African Iris 1 Gal., Full, 24' O.c.
um oleander'Petlte Pink Petite Pink Oleander 30' ht. x 30' spr, 3' O.C.
i1odendron selloum Self-Heading Philodendron 24' ht. x 24' spr. 36' o.C.
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M E M 0 RAN DUM
TO: ALISON MACGREGOR HARTY, CITY CLERK
FROM: JASMIN ALLEN, PLANNER ~ .
RE: PREPARATION OF SMILACK SAD ORDINANCE FOR THE JULY 23,
1991 CITY COMMISSION MEETING
DATE: JULY 9, 1991
The following item will be scheduled for second reading and
adoption of the Ordinance at the July 23, 1991 City Commission
meeting - Smilack SAD.
This notification is provided so that you may advertise the
ordinance.
The attached exhibit are specific conditions which are to be
included in the Ordinance. Additional comments and conditions may
be forthcoming upon review of the final legal documents by the
City Attorney's office.
Please work directly with Paul Dorling, to complete this item.
Thanks.
V
~9J SMILACK REZONING
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Membership#is limited to the owners of the following units:
Lots 1-4, 8-10 of Phase Four-A of Pelican Harbor as recorded
in Plat Book 53, Page 92, Public Records of Palm Beach
County, Florida;
Lots 27, 28, 30, 31-34 of Phase Two of Pelican Harbor as
recorded in Plat Book 37, Pages 32 and 33, Public Records of
Palm Beach County, Florida; and
Units 101-117, 301-319, 501-519, 701-719 of Captains Way
Condominium only upon provision of proper pedestrian access
through the fence on the east property line.
SAD approval subject to:
* Recording of amendments to Boatowners Association
documents.
* Recording of easement deed to Boatowners Association
for 7' area along the canal.
* Recordation of Unity of Title between the subject
property and Lot 28 of Pelican Harbor as recorded in
Plat Book 37, Pages 32 and 33, Public Records of Palm
Beach County, Florida.
* Platting prior to C.O. on docks.
PD/dlm
PD/#42/SMILACK.TXT
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[ITY DF DELIAY BEA[H
100 NW, 1st AVENUE Df:LRAY BEACH, i=LORIDA 33444 407/243-7000
April 15, 1991
Mr. Joseph M. Dagher, President JMD Properties, Inc.
Mr. Henry D. Rose, President of Pelican Harbor Homeowners
Association
Mr. Jack Simmons, President Pelican Harbor Boatman's Association,
Inc.
Mr. Gordon H. Stanley, President of Captain's Walk Condominium
Association
Re: Your Letters of March 20, 1991 re Smilack, SAD
Dear Gentlemen:
The numerous distribution of, your letters to various officials
within the City have been directed to this office for a reply.
Needless to say, your concerns have been noted by all those who
did receive your letters.
As you are aware, the City Commission, at its meeting of February
12, 1991, did approve - on first reading - an ordinance which
would approve the Smilack SAD request as modified before the City
Commission. Prior to going back to the City Commission for public
hearing, a site plan which depicts development of the land area must
be reviewed by the Planning and Zoning Board. The site plan will be
a part of the SAD Ordinance, if such an ordinance is finally
enacted. Second reading must be accomplished by August 12, 1991, or
the request will be considered void.
This Department has received a site plan submittal pursuant to
the SAD requirements. It is anticipated that the site plan will
go before the Planning and Zoning Board on May 20, 1991. You may
want to stay in contact with Paul Dorling, Planner II, to whom
this project is assigned for progress on the site plan review.
For your information, I have enclosed a copy of the submitted
site plan and landscape plan.
THE EFFORT ALWAYS MATTERS
Gentlemen
Your Letter of March 20, 1991 re Smilack, SAD .
April 15, 1991
Page 2
While we are aware of your positions (per the letters of March 20,
1991), the City Commission is not in a position to take further
action on the land use aspects of this item until the process
outlined above has been completed.
Cordially,
()<>v--iA~ ~uooIl-
David J. Kovacs, Director
Department of Planning and Zoning
DJK/leh
Attachment:
* copy of site plan and landscape plan
c:
Mayor Lynch and City Commissioners
David Harden, City Manager
Department Heads
Paul Dorling, Planner II
Ronald Kolins, project Attorney
Marvin Sanders, Project Planner
Project File
DJK/#80/SMILACK.TXT
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MEMORANDUM
TO: MAYOR AND C~ISSIONERS
FROM: CITY MANAGE ~~~
SUBJECT: AGENDA REPORT - TING OF FEBRUARY 12, 1991
ORDINANCE NO. 27-91
DATE: February 5, 1991
This Ordinance is on your agenda for first reading at the request of
the applicant. Action will need to first be taken on the appeal of a
Planning and Zoning Board decision denying the rezoning petition.
This is a first reading of an ordinance rezoning property located on
the north side of the C-15 Canal between Federal Highway and the
Intracoastal Waterway from Planned Residential Development (PRO)
District to Special Activities District (SAD) in order to accommodate
a proposed boat dock.
There are eight existing docks on this property. The docks have been
completed under the auspices of being an accessory use to the adjacent
townhouse unit owned by the applicant. The applicant is seeking the
SAD zoning district to allow the use of the docks by the Pelican Way
Boatowners Association, thus allowing other property owners to utilize
the existing dock facilities. Pursuant to Section 4.4.7(C) of the
Land Development Regulations, boat docks are allowed accessory to a
single family home in the PRD Zoning District; however, use is
restrict to that of the applicant or his friends. With the granting
of a SAD zoning designation, a Boatowners Association would be
established and the docks would be utilized by members of the
Association.
The Planning and Zoning Board at their December 17th meeting
recommended denial (5-1 votej- Currie dissenting/Parker absent). At
that meeting representatives of abutting property owner associations
and nearby residents spoke in opposition to the request. Subsequently
an appeal of the Planning and Zoning Board decision was filed. The
applicant has put forth proposed changes to the petition since the
Planning and Zoning Board's review. It may be appropriate to remand
this item back to the Board for consideration of the new information.
However, if the Commission feels that the new information is not
substantive, then an action of denial should be taken.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ON MACGREGOR-HARTY, CITY CLERK
~,L:0~ j '\kUMl-
FROM: "'DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
FIRST READING OF THE SMILAC REZONING ORDINANCE, PRD TO
SAD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a rezoning ordinance on first reading. The
rezoning is from PRD to SAD.
The associated project is that of boat docks for the Pelican
Way Boatman's Association (Smilac).
BACKGROUND:
(Please see the documentation for the Smilac Appeal item for
discussion of the basic issues.)
Attached is a letter from the owner's legal representative in
which a request is made to have first reading on the same agenda
as is the appeal. Second reading, and public hearing, will occur
at a later date after a detailed site plan and other associated
legal documents are prepared and appropriately reviewed by the
Planning and Zoning Board and the City Attorney.
This procedure is accommodated in the SAD District Regulations as
an alternative procedure. Ref. Section 4.4.24(C)(2), to wit:
(C) Review and Approval Process
(2) Alternative Processing: A proposed SAD may proceed to
first reading based upon a lesser submission provided
that, if approved on first reading, prior to second
reading a complete site and development plan including
landscaping plans and architectural elevations must be
processed through, and approved by the Planning and
Zoning Board. However, in no event shall the time
between first and second readings of the enacting
ordinance exceed a period of 180 calendar days. ..."
.
City Commission Documentation
Meeting of February 12, 1991
First Reading of the Smilac Rezoning Ordinance, PRD to SAD
Page 2
RECOMMENDED ACTION:
Assuming that the appeal of the Board's previous decision is not
rejected, by motion, approve the ordinance on first reading and
direct that the provisions of 4.4.24(C)(2) be met prior to
scheduling of a second reading and public hearing.
Attachment:
* Letter requesting consideration of first reading at this
time.
DJK/#78/CCSMILAC.TXT
.
LAW OFFICES
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P.A.
THOMAS M. SEASON BARNETT CENTRE, 9TH FLOOR LINDA R. McCANN
PETER L. BRETON 625 NORTH FLAGLER DRIVE ANDREW J. McMAHON
ROBERi BRODY LISA A. MILLER
POST OFF"ICE BOX 3888
GREGORY O. COOK JON C. MOYLE
E. COLE FITZGERALD. nr WEST PALM BEACH, FLORIDA 33402 JOOY H. OLIVER
.JOHN F'. FLANIGAN TELEPHONE (407) 659-7500 DA.VID S. PRESSLY
ANDREW F"UL TON,:rrr FACSIMILE (407) 659 '1789 PATRICK E. QUINLAN
MYRA. GENDEL - MARK E. RAYMONO
NANCY MALLEY GRAHAM TALLAHASSEE OF"F"ICE THOMAS A. SHEEHAN, nr
WINSLOW D. HAWKES. III TELEPHONE (904) 681,3828 DONNA H. STINSON
LYNN G. HAWKINS MARTA M. SUAREZ' MURIAS
F"ACSIMILE (904) 681,8788 SAMUEL A. THOMAS
MARTIN v. KATZ
- WIL TON L. WHITE
WILLIAM B. KING
RONALD K. KOUNS STU"'RT OFF'lCE THOMAS L. VOSET
STEVEN A. MAYANS TELEPHONE (407) 288-' 144 JOEL H. YUDENFREUND
FACS1M\LE (407)288.1499
February 4, 1991
Mr. David T. Harden VIA TELECOPIER
Ci ty Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Re: A p pe a 1 of Smilack/Slizyck
Rezoning Petition
Our File No. 19/457/3
Dear Mr. Harden:
This firm represents Steve Smilack and Alma Jeanne Slizyck
Smilack in the petition to rezone the 0.17 acre parcel in Pelican
Harbor to S.A.D.
After discussing the matter with Mr. Dave Kovacs and at his
suggestion, we would respectfully request that the alternate
procedure be used u nd e r which both the hearing on the appe al and
the first reading of the -.--- ordinance would take place
rezonIng on
February 12. This would be in lieu of having several weeks delay
between the appeal and the first reading.
As you may be aware, the hearing on the a p pe a 1 was originally
scheduled for January 29, but was rescheduled at the request of
the Home owne r s ' Association. By honor i ng our request to combine
the hearing on the appeal and the first reading, the City will be
putting this matter back on its original time tab 1 e .
Your favorable consideration of this request will be most
appreciated.
~~
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PLB/d 1 ./ p~e l. Breton ~''-'/ , ',i\
cc: r1r. Da ve Kovacs
Mr. Steve Smilack
R 0 na 1 d K. Ko lins, Esq.
Jeffrey Ku r t z , Es q. .-".
2l22Z
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.
.,.
ORDINANCE NO. 27-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PRD (PLANNED RESIDENTIAL DEVELOPMENT)
DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT; SAID
LAND BEING A PARCEL LYING IN SECTION 33, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND
LOCATED ON THE NORTH SIDE OF THE C-15 CANAL, BETWEEN
FEDERAL HIGHWAY AND THE INTRACOASTAL WATERWAY;
PROVIDING FOR THE ESTABLISHMENT OF USES ALLOWED FOR
THE SUBJECT PROPERTY; PROVIDING FOR SITE AND
DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; 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 SAD
(Special Activities) District as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
That portion of the South 162.31 feet of the West
One-Half (W 1/2) of the Southwest One-Quarter ( SW 1 /4)
of the Northwest One-Quarter (NW 1/4) of the Northwest
One-Quarter (NW 1/4) of Section 33, Township 46 South,
Range 43 East, lying north of the north right-of-way
line of Canal C-15, Palm Beach County, Florida.
The subject property is located on the north side of
the C-15 Canal, between Federal Highway and the
Intracoastal Waterway.
The above described parcel contains a 0.17 acre parcel
of land more or less.
Section. 2. That the uses allowed for the subject property
described in Section I, above, pursuant to Section 4.4.25 (B) (1) of the
Land Development Regulations of the City of Delray Beach, Florida, shall
be as follows:
(1) Eight (8) boat docks to be utilized by the
Pelican Way Boatowners Association
( 2) Private use of that portion of the subject
property which is associated with the townhomes.
Such uses are limited to those identified as
accessory to a single family home.
Section 3~ That the development of the subject property
described in Sectio 1, above, is to be in accordance with the site and
development plans and attendant conditions as approved by the Ci ty
Commission on (sp cific s'te and development plan reference, conditions
of approval and th date 0 approval to be forthcoming; however, in no
event shall the date of appr val for the site and development plans, as
well as the second r ading 0 this ordinance, exceed a period of 180
calendar days from the ate of rst reading of this ordinance, pursuant
to Section 4.4.25(C) (2) f the La d Development Regulations of the City
of Delray Beach, Florida). - jqq t -Jo -w,c/-
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.
Section 4. 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 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 6. 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 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading February 12, 1991
Second Reading
-2- Ord. No. 27-91
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Prepared By
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PZLICAIIAS~OCU;I~e'
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tI1
SUBJECT: AGENDA ITEM # lot. I - MEETING OF JULY 23, 1991
REQUEST FOR SITE PLAN APPROVAL/SMILACK
DATE: July 18, 1991
We have received a request for site plan approval for the operation of
eight existing docks located on Federal Highway immediately south of
the Pelican Harbor subdivision and abutting the C-15 Canal. This site
plan is required as part of the request for Special Activities
District (SAD) zoning. The development proposal for this property
involves the operation of eight existing docks by the Pelican Way
Boatowners Association, along with the maintenance of landscaping on
seven feet of land adjacent to the docks. The balance of the site is
to be landscaped with five trees, under plantings of flowers and
Philidenrons, hedging, and sod. Optional future development within
the sodded area of the backyard includes a pool, pool deck area,
canvas awning, and sidewalk along with a proposed four foot perimeter
fence.
The full site plan submittal is fairly straight forward. Most of the
Planning and Zoning Board/s concerns expressed during sketch plan
review have been mitigated in the full site plan submittal. The only
outstanding item deals with the type of property interest the
Boatowners Association should have in the upland parcel. An easement
"in gross" is proposed by the applicant. Staff, however, is
recommending that a contiguous seven foot strip be created through
subdivision (platting) and conveyed in fee simple interest to the
Boatowners Association.
The Planning and Zoning Board at their May 20th meeting recommended
approval of the revised site plan subject to conditions. One of those
conditions requires the property owners to plat the property prior to
the issuance of a Certificate of Occupancy on the docks. The
applicant has indicated that they object to this requirement. A
detailed staff report is attached as backup material for this item.
1,'1
. ,
PLANNING & ZONING BOARD
.
CITY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE: MAY 20. 1991
AGENDA ITEM: IV.A~
.~
ITEM: SITE PLAN FOR THE SMILACK S.A.D.
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CITY OF' ~ ?S ~-
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GENERAL DATA:
OWner...... .......,.............Alma Jeanne Slyzyk-Smilack
Agent.....,........... ,.....,...Harvin Sanders
Location..........,.............North side of the C-15 Canal
between Federal Highway and the
Intercostal Waterway
Property Size............. ...... .17 Acres
City Land Use Plan..............Medium Density 5-12 units/acre
City Zoning.......,.. ...........PRD (Planned Residential
Development)
Proposed Zoning......,........"SAD (Special Activities District)
Adjacent Zoning.............,...North, East, and West of the
subject property are zoned PRO
(Planned Residential
Development). South is the C-15
Canal.
Existing Land Use,..... .,...,...Vacant Land with 8 boat docks.
Proposed Land Use...............Pelican Way Boatowners
Association use of the docks
in part with optional pool area
for private use of adjacent
townhomes.
Water Service...................2" extention of the 6" water main
along Harbor Circle to be
provided. ITEM: IV.A.
Sewer Servlce...................No sewer service to be provided. .
.
,
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on a
site plan which is accompanying a SAD rezoning request for .17 acre of
land. The property is east of Federal Highway immediately south of the
Pelican Harbor subdivision and abutting the CIS canal.
The request to SAD Zoning requires the provision of a site and
development plan. A lesser (submission of a sketch plan) was used
through the Planning and Zoning Board review and up to first reading of
the enacting ordinance. However, prior to second reading a full site
and development plan submittal must be provided. A sketch plan was
reviewed by the Planning and Zoning Board on December 17, 1990 and the
full site plan submittal is now before you.
BACKGROUND:
With the platting of the Pelican Harbor subdivision in 1979, a small
parcel of land (subject property) located between the subdivision and
the C-15 canal was not included. The parcel appears to be a leftover
portion of a parcel acquired for the C-15 right-of-way. The parcel was
purchased on March 12, 1982 by the applicant who also owns one of the
abutting townhouses in Pelican Harbor Subdivision.
Between April,1988 and October, 1990 a series of events occurred which
involves the construction of eight (8) dock, the formation of the
Pelican Way Boatman's Association, and an inability to use the docks
other than for use by the owner of the adjacent townhome. Please refer
to the complete chronology of events as presented in the background
section of the December 17,1990 report prepared for the SAD rezoning.
On October 16, 1990, a rezoning request from PRD to SAD was received.
The development proposal was reviewed by the Planning and Zoning Board
on December 17, 1990, at which time a recommendation of denial was
forwarded to City Commission.
An appeal of the Planning and Zoning Board decision was filed and
scheduled for review by City Commission on January 15, 1991. A
continuance was requested by the applicant and then by the Pelican
Harbor Homeowners Association and the item was before the City
Commission on February 12, 1991. At that meeting project
representatives put forth proposed changes to the site and development
plan.
Considering the new information the City Commission passed, on first
reading, the ordinance rezoning the parcel to SAD with the proposed
site development changes to go before the Planning and Zoning Board for
review and recommendation as a full site plan submission. Such a
submission is required to be processed within 180 days following first
reading of the enacting (rezone) ordinance.
.
P&Z Staff Report
Smilack Site Plan Approval
Page 2
Since the public hearing on the SAD rezoning application the project
agents have changed. The previous agent Mr. Smilack (husband of
property owner) has been changed to Marvin Sanders (Sanders Planning
Group) . The legal representatives have remained the same Peter Breton
of Moyle, Flanigan, Katz, Fitzgerald and Sheenan.
PROJECT DESCRIPTION:
.
The revised site development proposal involves the operation of 8 '
existing docks by the Pelican Way Boatsmans Association along with the
maintenance of landscaping on seven feet ( 7' ) of land adjacent to the
docks. The balance of the site is to be landscaped with 5 trees,
under plantings of flowers and Philidenrons, hedging, and sod.
Optional future development within the sodded area of the backyard
includes a pool, pool deck area, canvas awning, and sidewalk along with
a proposed 4' perimeter fence.
COMPLIANCE WITH SKETCH PLAN APPROVAL:
Most of Planning and Zoning Board's objections to the SAD dealt with
specific findings relating to the rezoning aspect of the request. As
City Commission has accepted the SAD request pursuant to the mitigated
proposal the following discussion will relate only to the site plan
aspects of the request.
The Planning and Zoning Boards recommendation of denial was based on
the following points of objection;
* Lack of access along the canal from Captains Walk for Association
members from those units and for provision of E.M.S. service;
* Creation of irregular shaped lots i.e. subdivision and
incorporation into adjacent townhouse lots; and
* Lack of accommodation of open space requirements which apply to
development along the waterway (Conservation Element b2.5);
* Inadequate parking facilities to accommodate loading and unloading
of boat supplies.
* Lack of accessibility to potable water;
On February 12, 1991 during the appeal of Planning and Zoning Board's
action to City Commission the applicant put forth the following changes
to accommodate the Boards objections;
* That participation in the Pelican Way Boatmen's Association (i.e.
use of the docks) shall be restricted from owners in Captain's
Walk until such time as direct pedestrian access is provided from
Captain's Walk dock or other suitable location;
P&Z Staff Report
Smilack Site Plan Approval
Page 3
* Foregoing of subdivision of the property to create parcels to be
added to the adjacent townhouse units;
* Provision of a seven foot (7) wide area adjacent to the docks
which is landscaped and accessible from the docks themselves;
* Enclosure of the balance of the parcel with it's exclusive use to
be in conjunction with the townhouse owned by the Smilacks;
* Creation of an interest in favor of the Pelican Way Boatowner's
Association on the land adjacent to the docks;
The above changes have been incorporated into the final site plan
submittal. Following is a discussion on how each concern has been
addressed;
Creation of irregular shaped lots i.e. subdivision and
incorporation into adjacent townhouse lots;
The applicant has agreed not to subdivide the parcel
into three tracts which were to be combined with adjacent
townhouse units. The ownership of the entire parcel will
now remain with the applicant who also owns an adjacent
townhouse unit.
Lack of access along the canal from Captains Walk for Association
members from those units and for provision of E.N.S. service;
Units with Captains walk will not have the ability to join
the Boatowner's Association until such time as a gate within
the fence between the properties is provided.
The Building Department has indicated that the existing fence
was constructed without permits. Therefore, the Captain's
Walk Association must seek a permit, at which time the access
gate will be required or the fence must be removed. The
Building Department has contacted the Captain's Walk
Association and a permit request for the fence is
forthcoming. The site plan needs to show this access
location (per attached Exhibit A) as well as note it will be
provided by others.
Lack of accommodation of open space requirements which apply to
development along the waterway (Conservation Element b2.5);
Conservation Element:Policy 8-2.5: Whenever new development
or redevelopment is proposed along a waterway, a canal, an
environmentally sensitive area, or an area identified via
Policy B-2.1, an area equivalent to at least 10% of the total
.
P&Z Staff Report
Smi1ack Site Plan Approval
Page 4
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.
Pursuant to the above policy, this parcel is required to set
aside a minimum of 741 sq. ft. of open space along the
waterway. The 7' easement area adjacent the canal represents
893 sq. ft. of open space.
Inadequate parking facilities to accommodate loading and unloading
of boat supplies.
Pursuant to Section 4.4.25 (G)(2) (SAD parking requirements),
all loading and parking space requirements are determined at
site development plan approval stage. With the acceptance
of the SAD zoning request pursuant to the mitigated proposal
the City Commission made a finding that parking and access
was adequate.
Lack of accessibility to potable water;
The site plan shows water to be provided to the docks via a
2" main extension south from a 6" main within Pelican Harbor
Subdivision through an easement over common area of Pelican
Harbor Subdivision. Each dock will be provided with a 3/4"
individual hose bib. This water, though primarily for
rinsing of boats and associated equipment, is potable.
Boatowner,s interest in the upland area;
The sketch plan proposal did not include any Boatowner's
Association interest in the upland area. The need for the
II interest" arises, in-part, due to South Florida Water
Management District requirements that the dock permit be
issued to a party which has an interest in the abutting
property.
The firm representing the petition offer,s an easement
adjacent the docks to the Boatowner's Association as an
easement in gross and, as such, believes adaquete property
interest is conveyed.
The preferred staff solution is to have a contiguous strip of
land (approximately seven feet in width) created through
subdivision (platting) and conveyed in fee simple interest to
the Boatowner's Association. The balance of the site would
remain in fee simple interest of Smilack and would remain
tied to the associated Townhome via a Unity of Title.
,
P&Z Staff Report
Smilack Site Plan Approval
Page 4.1
ADDITIONAL SITE AND LANDSCAPE PLAN ANALYSIS:
Required finding with respect to Section 3.1.1 (Future Land Use Map,
Concurrency, Consistency, Compliance with LDR,s) along with Section
2.4.5. (F) (5) (General Compatibility and Harmony with, Adjacent
Properties) have been made with the SAD rezoning action.
ADDITIONAL FINDINGS: Section 3.3.3 (Standards for Site Plan Action):
The basis for determining consistency for site plan actions include
Section 3.3.3 (Standards for Site Plan Actions) . The applicable
performance standards of Section 3.3.3 and other policies which apply
are as follows:
A) Building design, landscaping, and lighting (glare) shall be
such that they do not create unwarranted distractions or blockage
of visibility as it pertains to traffic circulation. (Traffic
Element C-l. 2)
Does not apply
B) Appropriate separation of travelways is made for vehicles,
bicycles, and pedestrians in a manner consistent with objective D1
of the Traffic Element.
This standard does not apply.
C) (Open Space Enhancements)
Open space enhancements apply to this parcel via Conservation
policy B 2.5. See discussion under "Compliance With Sketch Plan
Approval" section of the staff report.
D) (Street widening) Does not apply.
E) Development of vacant land which is zoned for residential
purposes shall be planned in a manner which is consistent with
adjacent development regardless of zoning designations. (H C-2.4)
(CM C-3.1)
A finding of consistency was made by the City Commission
with acceptance of the mitigated proposal on February 12,
1991. The site plan before you is the final site plan
depicting the proposed changes.
F) Vacant property shall be developed in a manner so that the
future use and intensity are appropriate in terms of soil,
topographic, and other applicable physical considerations;
complementary to adjacent land uses; and fulfills remaining land
use needs. (LU A-I)
The proposed development plan is consistent with these
criteria.
P&Z Staff Report
Smilack Site Plan Approval
Page 6
G) (Demographic Mixture) Does not apply.
Compliance with Land Development Regulations:
The following items identified in the Land Development Regulations are
relevant to the final site plan request.
Setbacks:
A special IS' perimeter setback is required for SAD zoned parcels. The
optional pool area and canvas awning have maintained the required 15'
setbacks.
Fences:
Pursuant to Section 4.6.15 (B) a 4' perimeter fence is required around
the pool area and has been shown. The 4' perimeter fence is located 5'
inside the west and east property lines to accommodate 5' access
easement areas. A fence exists at the property line along the east and
one is proposed along the west property line which creates 5' fenced
corridors. This condition would create an unacceptable maintenance
problem. While the 5' easements should be provided through the
backyard area they shoul remain unfenced. A single fence should be
located at the perimeter of the parcel with gates to access the 7'
Boatowner's Association easement. The location of the fencing and
gates should be as noted on attached Exhibit A.
OTHER:
Letters of opposition from the adjacent Homeowner and Boatowner
Associations have been received as late as March 26, 1991- It is
anticipated that a large group of concerned residents will attend the
meeting.
TECHNICAL ITEMS:
1- Pursuant to Section 2.4.5(K) the property must be platted as a
minor subdivision. Platting is required because the parcel has
been subdivided by a meets and bounds description from a larger
parcel.
2. Comments on the Pelican Way Boatowner's Association documents:
Section (16) "Right to Amend" Section states; "The association
reserves the right to amend this Declaration of Use, at any time
and from time to time in any respect, without the joinder or
consent of any other party."
Any amendment which relates to who will be able to rent the
slips (other than those approved with this petition) will
require amendment of the SAD and approval by the City."
P&Z Staff Report
Smilack Site Plan Approval
Page 6.1
Section (3)(B)(2) "Right of Assignment" and (3)(C) "Right of
Further Assignment" allows the sub lease of boat slips to any
person who also rents a unit within Pelican Harbor.
This is contrary to approval sought in the SAD in that
utilization of the slips are to be limited to only those
units which abut the canal where access is proposed from Lots
1-4 Bosum Way, 8-10 Bosum Circle and Lots 27,28,30,31-34
Harbor Circle. Modification of the documents will be
required.
ASSESSMENT AND CONCLUSIONS:
The full site plan submittal is fairly straight forward with the
creation of a 7' easement area adjacent the docks and the balance of
the site to be utilized as a residential backyard. The entire parcel
will be landscaped with 5 trees, underplatings, hedging and sod.
Future development of the residential yard includes a pool, pool deck,
canvas awning and construction of a 4' privacy fence.
Most of Boards concerns expressed during sketch plan review have been
mitigated in the full site plan submittal. The only outstanding item
deals with the type of property interest the Boatowner's Association
should have in the upland parcel. An easement in gross is proposed by
the applicant while staff prefers fee simple interest in the 7 '
easement area.
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the full site plan based upon a failure to
adaquetely mitigate concerns expressed with the sketch plan.
C. Recommend approval of the full site plan request based upon
positive finding with respect Chapter 3.3.3 (Standards for Site
Plan Actions) of the Land Development Regulations,and subject to
conditions.
~
RECOMMENDATIONS:
Recommend approval of the full site plan submittal based upon positive
finding with respect Chapter 3.3.3 (Standards for Site Plan Actions) of
the Land Development Regulations,and subject to the following
understandings and conditions.
Understanding:
1. Captain's walk units cannot become members of the Boatowner,s
Association until the provision of proper access through the fence
along the east edge of the property is provided.
P&Z Staff Report
Smilack Site Plan Approval
Page 7
Conditions:
1- Submission of revised Pelican Way Boatowner's Association
documents which address the following;
* Limiting membership to in the Boatowner's Association to
(Lots 1-4 Bosum Way, Lots 9-11 Bosum Circle, Lots 27-34
Harbor Circle), and all units within Captain's Walk which
abut the C-15 Canal.
* Amendment of the "Right of Assignment" and "Right of Further
Assignment" sections to prohibit assignment to non-allowed
members.
* Providing verbiage under "Right to Amend" section
requiring City approval before any amendment which
relates to who will be able to rent the slips is
made.
2 . Submission of a revised site plan accomodating the following;
* Removal of the inside fences for 5' easement areas and
provision of gates per Exhibit A.
* Addition of a gate in the Captain's Walk fence per Exhibit A,
to be labeled (to be provided by others)
4. Platting of the entire parcel as a minor subdivision with the plat
to accommodate two tracts ( 7' easement area and rear yard area).
5. Ownership interest for the proposed 7' easement area to be in
the Boatowner's Association. .
PD/#39/SMILE1.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 'O~ - MEETING OF JULY 23, 1991
ORDINANCE NO. 49-91
DATE: July 18, 1991
This is a second reading of an Ordinance amending the Land Development
Regulations to provide for commercial activities and businesses upon
publicly owned lands as a conditional use in the Community Facilities
(CF) zoning district.
This proposed ordinance is in anticipation of a request which would
allow use of public facilities at Veteran's Park for the conduct of a
commercial operation. Although this item is being considered due to
that potential land use request, it would also apply to other public
lands throughout the City.
The Planning and Zoning Board at their July 15 meeting recommended
approval.
Recommend approval of Ordinance No. 49-91 on second and final reading.
. ,
CHAPIN & ARMSTRONG
ATTORN EYS AT LAW
1201 NORTHEAST EIGHTH STREET
DELRAY BEACH, FLORIDA 33483-7289
-
TELEPHON E (407) 272, 1225
TELECOPIER (407) 272,4442
ROBERT D. CHAPIN LEGAL ASSISTANTS
DAVID G. ARMSTRONG
NAN L THOMPSON
.JAMES A. HERB F"AYE A, WILLIAMS
OF" COUNSEL RACHEL ALLEN
CYNTHIA C. SEAMAN
July 18, 1991
BY HAND t{ 1:! j:" .
"- -. " V F ?"
David T. Harden, City Manager JUL 1 8 19914 .~
C/1
City of Delray Beach ' Y MANAGER' .
100 N. W. 1st Avenue S OFFICE
Delray Beach, FL 33444
Dear Mr. Harden:
Please be advised that I represent the Beach Property
Owners Association, Inc. ("BPOA"). The BPOA is concerned that a
proposed modification of conditional uses to be allowed in the CF
zoning district to include commercial uses could be detrimental
to the preservation of the residential and recreational character
of the City'S public beach, Atlantic Dunes Park, Anchor Park and
Sandoway Park.
It is my initial understanding that the purpose of
allowing commercial uses in the CF zoning district is to permit
tickets to be sold for boat rides up and down the Intracoastal on
a boat to be docked at Veterans' Park. If the City allows
tickets to be sold for a boat to cruise up and down the
Intracoastal from Veterans' Park, does that also mean that a hot
dog vendor could sell hot dogs in Veterans' Park? Could tickets
for balloon rides be sold at Veterans' Park? Has the City
Attorney's office determined whether there are any deed
restrictions applicable to the Veterans' Park property?
The BPOA's concerns about the commercialization of
Veterans' Park apply to the public beach, Atlantic Dunes Park,
Sandoway Park and Anchor Park as well.
It is my understanding the first reading of a proposed
ordinance modifying conditional uses to be allowed in the CF
zoning district is scheduled to be heard by the City commission
on July 23, 1991.
David T. Harden, City Manager July 18, 1991
Page 2
I am taking what I believe to be a well deserved three
week vacation, returning to my office on August 9th. On behalf
of the Board of Directors of BPOA, I would sincerely appreciate
your removing this item from the July 23,1991 City commission
agenda and rescheduling this matter for a workshop meeting
anytime after August 12, 1991. A short postponement of this
matter will not adversely effect the operator of the boat docked
at Veterans' Park. It is my undetstanding that the operator is
operating on a temporary arrangement. Presumably that temporary
arrangement could be extended a month or two.
Thank you for your consideration of this request.
Respectfully submitted,
~-r~
RDC\ccs
cc: Thomas E. Lynch, Mayor
David E. Randolph, Sr., Vice Mayor
Jay Alperin, Commissioner
William Andrews, Commissioner
Armand Mouw, Commissioner
Rachel speicher, President, BPOA
Elizabeth H. Matthews, Executive Director, BPOA
Sandra Almy, secretary, BPOA
Kathy Stokes, Director, BPOA
,'~~, \
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ HARDEN, CITY MANAGER
FROM: \, AVIDci\1~S~~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JULY 23, 1991
ORDINANCE 49-91, CONDITIONAL USES IN CF ZONE DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on second reading of an ordinance which adds the
following to the list of allowable conditional uses in the
Community Facilities C.F. Zone District:
" ( 3 ) Conduct of commercial activities and businesses of
a permanent nature upon publicly owned lands."
BACKGROUND:
This item was initiated by the City Commission and first reading
was held on June 25th. Please refer to that background material
for the genesis of the request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of July 15th. Ka thy Stokes and Helen Coopersmith spoke
in opposition to the proposed change. Ms. Stokes stated that:
( a) The Board was considering the item improperly since the
previous City Commission documentation stated that the Board will
hear the item on July 22nd.
The Director pointed out that the wording in the previous
documentation was "It will be reviewed in special session or
on July 22nd, as the need dictates, "
. . .
(b) That she protested because the item was not heard as a
publ i c hearing and (in her opinion) a public hearing was
required.
Section 1.1.6 (LDR page 1.1.3) provides that the Planning
and Zoning Board makes a recommendation on text changes but
that the public hearing is held only by the City Commission.
City Commission Documentation
Ordinance 49-91 Conditional Uses in CF Zone District
Page 2
( c) That there were many legalities involved and that the item
should not be acted upon.
The Planning Director offered the position that by adding the
proposed language the Ci ty would be under an obligation to go
through a public hearing process prior to approving any
agreements, licenses, etc. which would establish a commercial
operation or business on publicly owned property which is zoned
CF. He offered that without such language procedures of the
past, which allowed establishment of such issues without regard
to land use implications or zoning compliance, may simply
continue into the future.
Board members did have concerns with eroding of the Community
Facilities Zone District and a general (public) perception that
CF zoning was strictly for community uses (public buildings and
parks) only.
The Board then forwarded the proposed language change with a
unanimous (5-0, Beer and FeIner absent) recommendation of
approval. The Board also directed that at its next work session
they address (a) the title of the C.F. Zone District and (b) the
possibility of restricting the District and, perhaps,
bi-fractioning it.
RECOMMENDED ACTION:
By motion, approval of Ordinance 49-91 on second reading.
Attachment:
* P&Z Staff Report & Documentation of June 15th
* Ordinance provided by others
DJK/#82/CCORD.TXT
,
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JULY 15, 1990
AGENDA ITEM: II.A. Allowable Conditional Uses in the CF
Zone District
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation
to the City Commission with respect to adding a use to the
list of conditional uses in the CF Zone District.
The use is mooring and embarkation of a waterway cruise
boat.
BACKGROUND:
During consideration of alternative locations for the Stillwater
Cruise operation, it was decided to look at the seawall along
Veteran's Park. However, as written, the LDRs do not accommodate
such ~ses in the C.F. zone district. In further review of this
situation, it is noted that there are other commercial uses
allowed on public property e. g. the lounge chair concession on
the beach and, perhaps, the Baseball School operation at Miller
Field. Given this boarder application, the City Attorney and the
Director of Planning agreed on the proposed language.
Attached is the City Commission documentation which was prepared
for first reading consideration of the enacting ordinance.
Second reading was deferred until July 23rd so that a formal
recommendation could be obtained from the Planning and Zoning
Board.
ANALYSIS:
While the code will be changed to accommodate consideration of
such uses, the use cannot be established until a duly notice
public hearing has been held before the Planning and Zoning
Board, approval has been granted, and through separate instrument
an agreement entered into between the proprietor and the City
Commission.
RECOMMENDED ACTION:
By motion, recommend approval of adding the proposed language for
the conditional use in the C.F. zone district.
Attachments:
* CC Documentation of June 25, 1991
II.A.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
FROM: ID J';KbRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 25, 1991
. FIRST READING, MODIFICATION TO CONDITIONAL USES ALLOWED
IN THE CF ZONE DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which adds an
additional conditional use to the ~ommunity Facilities (CF)
Zone District.
BACKGROUND:
This proposed amendment is in anticipation of a request which
would allow use of pUblic facilities at Veteran's Park for the
conduct of a commercial operation i.e. mooring and embarkation of
a waterway cruise boat. Even thought this item is being
considered due to the potential land use request, it also has
application to other public lands throughout the City. For
example, there is a beach lounge chair concession on the beach
which, while grandfathered, could be construed to be at odds with
our land use ordinances. Other s~ilar situations also exist.
PROPOSAL:
It is proposed that the fOllOWing be added as a conditional use.
within the CF Zone District:
4.4.21(0)(3) - new and renumber remaini~g items:
( 3 ) Conduct of commercial activities and businesses of a
pe~manent nature upon publicly owned lands.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not formally reviewed this
item. It will be reviewed in special session'or on July 22nd, as
the need dictates, so that a formal recommendation is provided
prior to second reading.
City Commission Documentation
First Reading, Modification to Conditional Uses
Allowed in the CF Zone District,
Page 2
RECOMMENDED ACTION:
By motion, approval of this amending ordinance on first reading
and establishment of a pUblic hearing date.
.
Attachment:
.
* Ordinance, by others
DJK/IS3/CCUSE.TXT
.
.
--. .--.-- --~---_.._--_._- - ---~_. ---- - - --
.-------.---. --~----- -- ---~------_._-_._..__._- ~~-
ORDINANCE NO. 49-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.21, "COMMUNITY
FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21(D),
"CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY ADDING A NEW SUB-SUBSECTION 4.4.21(D) (3) TO
PROVIDE FOR COMMERCIAL ACTIVITIES AND BUSINESSES
UPON PUBLICLY OWNED LANDS AS A CONDITIONAL USE,
AND RENUMBERING SUB-SUBSECTIONS 4.4.21(D) (3)
THROUGH 4.4.21(D) (12) AS 4.4.21(D) (4) THROUGH
4.4.21(D) (13); PROVIDING A SAVING CLAUSE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations" ,
Artic le 4.4, "Base Zoning District", Section 4.4.21, "Community
Facilities (CF) District", Subsection 4.4.21(D), "Conditional
Uses and Structures Allowed", of the Land Development Regulations
of the City of De1ray Beach, Florida, be, and sub-subsections
4.4.21(D) (3) through 4.4.21(D)112) are renumbered to 4.4.21(D) (4)
through 4. 4 . 21 (D) (13) , and a new sub-subsection 4.4.21(D) (3) is
hereby enacted to read as follows:
(3) Conduct of commercial activities and businesses of
a permanent nature upon publicly owned lands.
Section 2. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith be and the same are hereby
repealed.
Section 4. That this ordinance shall become effective
ten (10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading June 25, 1991
Second Reading
.
. A
Prepared statement by Kathy Stokes, resident of Delray Beach
and Co-chair of the Recreation and Open Space Task Team for
the Comprehensive Plan, presented on July 23, 1991, at the
second reading before the Delray Beach City Commission on a
'proposed amendment to the allowable conditional uses in t he
CF Zone District.
Pursuant to Florida Statute 163.3194 ( attached to this
statement ), the state mandates t ha t . after a comprehensive
plan has been adopted, land development regulations (LOR's)
and any amendments to them must be consistent to the compre-
hensive plan. Specifically, a land regulation shall be con-
sistent i f t he land uses, densities or intensities. and oth-
er aspects of development permitted by the LOR are
compatible wi t h and further the objectives, policies, land
uses and densities in the comprehensive plan.
If approved by the City Commission, this proposed LOR amend-
ment for the conditional use to conduct commercial activi-
ties and businesses of a permanent nature upon publicly
owned lands would result in a CF Zoning District which is no
longer consistent wi th the Comp Plan. This proposed LOR
amendment conflicts with policy in the land use category de-
scription for Recreation and Open Space Land Use in our Com-
prehensive Plan (attached to this statement).
Therefore, if this amendment is passed, I will file a peti-
tion wi t h the Florida Department of Community Affairs (DCA)
for an administrative review of this Land Development Regu-
lation pursuant to Rule 9J-24.007 of the Florida Administra-
tion Code. Notwithstanding the local rule requiring a court
reporter for appeals, in order to file this petition accord-
ing to the DCA, 1 do not need to have a court reporter pres-
ent and the fact that the Ci ty is required to record this
meeting and preserve the tapes constitutes a sufficient re-
cord. This information was provided by Ken Goldberg, the
staff attorney responsible for Delray Beach in the DCA's Le-
gal Department. If you need confirmation, the Legal Depart-
ment's telephone number in Tallahassee is 904-488-0410.
If I am not permitted to complete my presentation. I hereby
request that this prepared statement, copies of which I have
handed to the C 1 er k and tot he C i t y Commissioners, be made
part of the minutes of this meeting.
This proposed LOR that is before the Commission tonight was
recommended for approval by the P&Z Board on Monday, July
15. 1991 . This decision was based on a P&Z Staff Report
( at t ached to this statement) that has three major problems.
The P&Z Staff report has something wrong. something mislead-
.
ing and something missing.
The P&Z Staff report states that the Ci ty Attorney and the
Director of Planning have agreed on the proposed amendment
language in order to give it broader application to solve
problems related wi t h commercial uses allowed on pub 1 i c
property. The first example is the lounge chair concession
on the beach. This is the "something wrong" in the staff
report. I would point out to you that this concession was
grandfathered in and as such cannot be construed to be at
odds wi t h the land use ordinances. More importantly, this
concession operates at the beach which is zoned OS, which
stands for the Open Space Zoning District. Making a change
in CF zoning will not have any affect on anything in OS zon-
ing.
Now 1 et 's go to the "something misleading." The second ex-
ample in the Staff Report for why a change is necessary is
that perhaps the Baseball School operation at Miller park
represents another problem involving commercial uses allowed
on pub lie property. It is simply misleading to say "per-
haps" : either the Baseball School was grandfathered in be-
fore CF zoning or it wasn't. I talked by phone last week to
the Ci ty Attorney, and he assured me he would have the re-
search completed tonight regarding whether the Baseball
School operation is grandfathered or not. If, as I be 1 i eve
to be the case, the Baseball school is grandfathered, then
it is not required to meet CF zoning requirements. A 1 t er na -
tively, if the Baseball School contract is not grandfath-
ered, then the City has a much more serious problem since
the CF zoning as it stands now would represent an inverse
condemnation of the school's right to operate on pub lie
land.
The heart of my petition to the DCA will go to the "some-
thing missing" in this P&Z Staff Report. What is missing
from this report is a request for the LPA to determine
whether the proposed use permitted in this LOR amendment is
compatible wi t h and furt hers the objectives, policies and
land uses, and densities or intensities in the comprehensive
plan. I am sure that sounds complicated so let me walk you
quickly through the applicable sections of the Florida Stat-
utes and the City's Comprehensive Plan.
Florida Statute 163.3194 provides that no land development
regulation, land development code, or amendment thereto
sha 11 be adopted by the governing body (that's the City Com-
mission in Delray) until such regulation. code or amendment
has been referred either to the local planning agency, or to
a separate land development regulation commission created
pursuant to local ordinance, or both. Since the P&Z Board
was appointed our local planning agency by Ordinance 21-76.
approved on June 14. 1976. and Delray has not appointed a
separate land development regulation commission, a proposed
LDR change must be referred to the P&Z Board which has the
duties of the LPA.
The Commission did send the proposed amendment to the P&Z
Board for review. However. both the P&Z Staff Report and the
discussion by the P&Z Board members ignored the further re-
quirements of Florida Statute 163.3194 that the amendment
should be referred "for review and recommendation as to the
relationship of such proposal to the adopted comprehensive
plan. or element or portion thereof. " (Fla. Stat.
163.3194( 2 ) ) . The staff report did not request the LPA to
determine whether this proposed amendment was compatible
wi t h the policies and land uses in the Comp Plan. Further-
more. I attended this meeting. and there was no discussion
by P&Z Board members regarding the proposed amendment's con-
sistency with the Comp Plan prior to their vote of recommen-
dation of approval.
If the P&Z Board members, sitting in their role of LPA.
had reviewed this proposal in relation to Comprehensive
Plan. they would have discovered that the proposed amendment
is inconsistent wi t h policies given in the description of
the land use category of the Recreation and Open Space.
which is in Section 5 of the Future Land Use Element.
This description states that Recreation and Open Space
Land Use applies to public recreation areas (such as munici-
pal pa r ks ) , to open space areas, and to conservation areas.
The description also contains the pol icy that " [1 ] and shown
under this designation sha 11 not be used for any purpose
other than recreation, open space, or conservation.
The description also states that both CF and OS zoning
districts are consistent with Recreation and Open Space land
use designation.
Adding the conditional use of commercial activity to
the CF Zone District will render that zone district incon-
sistent wi t h the Recreation and Open Space Land Use because
its po 1 icy clearly states that land shown under this desig-
nation sha 11 not be used for any purpose other than" recre-
ation. open space or conservation. In fact. having co-
chaired the Recreation and Open Space Task Team, I can as-
sure that task team discussions focused on the recreational
aspects of the parks. and this land use policy about use of
recreation lands reflects those discussions.
Consequently. this LDR proposal should never have come
before the Ci ty Commission because the LPA should have stu-
died the land use description and policies for Recreation
and Open Space and found that, if adopted, this proposal
would make the CF Zoning Oistrict incompatible with the land
use po 1 icy for recreation, open space and conservation ar-
eas.
Finally, even if you send this proposed LOR amendment
back to the LPA for a finding and they determine it is con-
sistent wi t h the Comp Plan, a petition to the DCA is still
appropriate should the City Commission approve the amend-
ment. As a substantially affected person, I bel ieve that
t hi s LOR amendment is incompatible wi th the policy in the
Recreation and Open Space Land Use that "[l]and shown under
this designation s ha 11 not be . used for any purpose other
than recreation, open space, or conservation, and I have a
right of petition to have an administrative review by the
DCA.
Attachments: Florida Statute 163.3194
Land Use category description for Recreation
and Open Land Use, Sec. S of the Future Land
Use Element of City of Oelray Beach Compre-
hensive Plan
P&Z Staff Report, for the meeting of July 1 S ,
for Agenda Item I I . A . Allowable Conditional
Uses in the CF Zone District
--
INTERGOVERNMENTAL PROGRAMS F.S. 1989 ,
Ch. 163
d Legal status of comprehensive plan.- comprehensive plan, or element or elements thereof, re-
163.3194
(1 )(a) After a comprehensive plan. or element or por- lating to the issue justiciably raised or the appropriate-
tion thereof, has been adopted in conformity with this ness and completeness of the comprehensive plan, or
act, all development undertaken by, and all actions tak- element or elements thereof, in relation to the govern.
en In regard to development orders by, governmental mental action or development regulation under conSld.
agencies In regard to land covered by such plan or ele- eratlon, The court may consider the relationshIp of the
ment shall be consistent with such plan or element as comprehensive plan, or element or elements thereof, 10
adopted the governmental action taken or the development regu.
(b) All land development regulations enacted or lation involved in litigation, but private property shall not
amended shall be consistent with the adopted compre- be taken without due process of law and the payment
henslve plan. or element or portion thereof, and any land of just compensation.
development regulations existing at the time of adoption (b) It is the intent of this act that the comprehensive
whIch are not consistent with the adopted comprehen- plan set general gUIdelines and prinCIples concerning ,ts
sive plan, or element or portion thereof, shall be amend. purposes and contents and that this act shall be Con.
ed so as to be consistent. If a local government allows strued broadly to accomplish its stated purposes and
an existing land development regulation which is incon. objectives.
I sistent with the most recently adopted comprehensive (5) The tax-exempt status of lands classified as ago
plan, or element or portion thereof. to remain in effect, ricullural under s. 193461 shall not be affected by any
the local government shall adopt a schedule for bringing comprehensive plan adopted under this act as long as
, the land development regulation into conformity with the the land meets the criteria set forth in s, 193.461
I provisions of the most recently adopted comprehensive "'tory.-t. 12, ch, 75--257; t, I. ell 77-174" 2, ell 77-223; . 12. ell lIO-3Sl;
plan, or element or portion thereof. During the interim ., 69. ell 81 -259; t 11, ell 85-55,
period when the provisions of the most recently adopted 163.3197 Legal status of prior comprehensive plen,
comprehensive plan. or element or portion thereof, and Where. prior to the adoption of a revised plan pursuant
the land development regulations are inconsistent, the to s. 163,3167(2). a local government had adopted a
provisions 01 the most recently adopted comprehensive comprehensive plan, or element or portion thereof, such
plan, or element or portion thereof, shall govern any ac. adopted plan, or element or portion thereof. shall have
tion taken in regard to an application for a development such force and effect as it had at the date of adoption
order. until a new comprehensive plan, or element or portion
(2) After a comprehenli.... plan for the _ea. or ele. thereof, is adopted by or for such local government pur-
ment or portion thereof. is adopted by the governing suant to the provisions of this act. The prior adopted
body. no land development reguletion. land dovolop- plan, or element or portionthereol, may be the baSIS lor
ment code. or amendment thereto sh8II be adopted br meeting the requirement of comprehensive plan adop-
the governing body until such regulatiort. code, or
amendment has been referrelt either to the local ptaft- tion set out in this act, provided all requirements of this
ning agency or to a separate land development regula. act are met.
tion commission created pursuant to local ordinance, or .......,.-. 13, ell. 75-257; . 12, ell 85-55
to both, for review and recommendation a. to the,. 163.3201 Relationship of comprehensive plen to
tionship of such proposal to the adopted comprehentNe e.erclse of land development regulatory authorlty,-It
plan, or element or portion thereoC. Said recommenda. is the intent of this act that adopted comprehensive
tion shall be made within a reasonable time. but no later plans or elements thereof shall be implemented. in part,
than within 2 months after the time of reference, If a rec- by the adoption and enforcement of appropriate local
ommendation is not made within the time provided. then regulations on the development of lands and waters
the governing body may act on the adoption. within an area. It is the intent of this act that the adoption
(3)(a) A development order or lend davelopmlnt and enforcement by a governing body of regulations for
regulation sMII ..l::Iel;OnSistent with the COI'I'~ the development of land or the adoption and enforce-
plan if the Ian6-UW densities or intensities, and other ment by a governing body 01 a land development code
aspects of development ,.,.,.....__ such or::..:r for an area shall be based on, be related to. and be .
ulation are '*'.... wilt _ fUtther the means of implementation for an adopted comprehen-
policies, I~ snd densities or intensities In _ sive plan as required by this act.
Compreh8rlM nd if it meets all other criteria enu- HIeIDry.-. II., ell. 75--257;., 13. ell 85-55
merated by the local government. 163.3202 Land development regulatlona.-
(b) A development approved or undertaken by a 10'
cal government shall be consistent with the comprehen- (1) Within 1 year after submission of its revised com.
sive plan if the land uses, densities or intensities, capaci. prehensive plan for review pursuant to s, 163.3167(2).
ty or size. timing. and other aspects of the development each county. each municipality required to include a
are compatible with and further the objectives, policies. coastal management element in its comprehensive plan I
land uses. and densities or intensities in the comprehen. pursuant to s. 163.3177(6)(g). and each other municipali.
sive plan and if it meets all other criteria enumerated by ty in this state shall adopt or amend and enforce land
the local government. development regulations that are consistent with and
(4)(a) A court. in reviewing local governmental ac- implement their adopted comprehensive plan.
tion or development regulations under this act, may con. (2) Local land development regulations shall contain
sider, among other things, the reasonableness 01 the specific and detailed provisions necessary or desirable
958
,
I
Land Use Category Description for
RECREATION & OPEN SPACE LAND USE,
including zoning categories consistent
with this category
~ Section 5 of the Future Land Use Element
of the City of Delray Beach Comprehensive Plan
"RECREATION & OPEN SPACE LAND USE: This desgination applies
to public recreation areas (such as municipal parks), to
open space areas, and to conservation areas. Open space ar-
eas i nc I ude cana Is, wat erways , beaches, shores, est uar i ne
syst ems, go I f courses, pr i vat e open (common) areas wit hi n
planned developments, and undevelopable parcels. Publ ic
recreational areas which also have indoor facilities (e.g.
communi ty centers) are more apt to be shown as "Communi ty
Facilities." The conservation properties are those lands
shown on the Conservation Map. Land shown under this desig-
~ nation shall not be used for any purpose other than recre-
~~ tion, open space, or conservation.
Zoning districts which are consistent with this land use
designation are:
* Community Facilities (CF)
* Open Space (OS) (This zoning district will be cre-
ated after adoption of the Comprehensive Plan)"
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JULY 15, 1990
AGENDA ITEM: II.A. Allowable Conditional Uses in the CF
Zone District
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation
to the City Commission with respect to adding a use to the
list of conditional uses in the CF Zone District.
The use is mooring and embarkation of a waterway cruise
boat.
BACKGROUND:
During consideration of alternative locations for the Stillwater
Cruise operation, it was decided to look at the seawall along
Veteran's Park. However, as written, the LDRs do not accommodate
such uses in the C. F. zone district. In further review of this
situation, it is noted that there are other connercial uae.
allowed on public property e. q. the lounge chair conce..ion on
the ~ach and, ~rhap8 , the Baseball School operation at Miller
Field. Given th~s boarder application, the City Attorney and the
Director of Planning agreed on the proposed language.
Attached is the City Commission documentation which was prepared
for first reading consideration of the enacting ordinance.
Second reading was deferred until July 23rd so that a formal
recommendation could be obtained from the Planning and Zoning
Board.
ANALYSla:
While the code will be changed to accommodate consideration of
such uses, the use cannot be established until a duly notice
public hearing has been held before the Planning and Zoning
Board, approval has been granted, and through separate instrument
an agreement entered into between the proprietor and the City
Commission.
RECOMMENDED ACTION:
By motion, recommend approval of adding the proposed language for
the conditional use in the C.F. zone district.
Attachments:
* CC Documentation of June 25, 1991
II.A.
'_L1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
FROM: ID'iJ~\bRJ;:CTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 25, 1991
. FIRST READING, MODIFICATION TO CONDITIONAL USES ALLOWED
IN THE CF ZONE DISTRICT
ACTION REQUESTED OF THE COMMISSION: .
The action requested of the City Convnission is that of
approval on first reading of an ordinance which adds an
additional conditional use to the Community Facilities (CF)
Zone District.
BACKGROUND:
This proposed amendment is in anticipation of a request which
would allow use of public facilities at Veteran t s Park for the
conduct of a commercial operation i.e. mooring and embarkation of
a waterway cruise boat. Even thought this item is being
considered due to the potential land use request, it also has
application to other public lands throughout the City. For
example, there is a beach lounge chair concession on the beach
which, while grandfathered, could be construed to be at odds with
our land use ordinances. Other similar situations also exist.
PROPOSAL:
It is proposed that the following be added as a conditional use.
within the CF Zone District:
4.4.21(0)(3) - new and renumber remaini~g items:
( 3 ) Conduct of commercial activities and businesses of a
pe~manent nature upon publicly owned lands.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not formall
item. It will be reviewed-O:n special sess10n~ n July
the need dictates, so that a formal recommendation
prior to second reading.
.
City commission Documentation
First Reading, Modification to Conditional Uses
Allowed in the CF Zone District,
Page 2
RECOMMENDED ACTION:
By motion, approval of this amending ordinance on first reading
and establishment of a pUblic hearing date.
Attachment:
.
'It Ordinance, by others
DJK/#83/CCUSE.TXT
.
.
.
BEACH PROPERTY OWNERS'
ASSOCIA TI ON, INC. '~V~\r~
Re: Proposed zoning change
Mayor and City Commissioners to allow commercial use
City of Delray Beach as a conditional use in
Florida 33444 CF zoning
Gentlemen:
As we are sure you are aware, the City's Atlantic Dunes Park,
Sandoway Park, and Anchor Park are in the Community Facilities ( C F )
zoning district. The Beach Property Owners' Association has a long
record of dedication to the quality of life in the beach area,
including the character of the beaches and beach parks themselves.
Consistent with those efforts, we are here to ask you to deny the
request for an amendment to allow commercial activity as a con- I
ditional use in CF. We believe such an amendment has the potential
for a greatly diminished quality of life in our beach parks, as well
as at schools and other parks which are zoned CF.
We believe it is fair to ask whether the city has yet learned
to live with its Comprehensive Land Use Plan which 'was adopted by
the City Commission in February, 1989. On page 1 of the In1rQ-
QQ~1iQn_1Q_1h~_fQmQr~h~niiY~_fl~nnin~-A~!, there are introduce~ the
specific elements of the Act which will have the greatest impact
upon how the city will have to function once the Plan is enacted.
It refers to a "new era" in planning and development.
We emphasize the phrase "will have to function" to remind that
you are bound to proceed in zoning matters in accordance with the
P 1 an. It is a matter of law. Sec. 163.3194 of the Florida Statutes,
1~~~1_~tatus of the ComQr~h~iY~_flan provides:
1a) all development undertaken by, and all actions taken in
regard to development orders by, governmental agencies....
shall be consistent with such plan or element .. . .; and
3a) consistency includes determinations dealing with land use
map designations and objectives and policies of individual
elements . . . .
It goes on to say, "It is clear from the above that, indeed,
the manner in which development is pursued and permitted in the City
; . ~ -r '\..-
I. .....-:- ,,-, ~
';'';: ,~:~.:-!~" -?'''' ~
',.~ - -.:~
,. ......., 'i' _ .
'''~;.,.- ,-' - '
-' - ..~ ----, ..---,.".
, :,-;.....:~f~ - ~,
-;:--....~ >,..::,~::'>~~:- -'-~ . A CORPORATION NOT FOR PROFIT
- - ----~ .
--. -
.
Re CF Amendment Page 2
of Delray Beach will be altered upon adoption of the Planll, What
it i s saying i s that what i s no longer possible i s the IIfeels rightll
zoning; that is, if it feels right and meets your criteria and
wishes, you can take a given zoning action. Now all zoning actions
must be consistent with the Plan and therefore with the underlying
land use.
Essential elements of the Comp Plan of which you must be aware
are descriptions of designated land use categories on the Future
land Use Map. These descriptions identify which zoning designations
are consistent with the land use categories,
Regarding the action before you, the Planning staff report
tells you (page 3) the Future land Use Designation i s QQ~lL~Q~f~,
and that CF is consistent with the land Use Designation. That i s
true. What it does not tell you (III-G-S) is that under Recreation
~nQ_QQ~n_~Q~f~_1~nQ_Q~~ it i s stated: ,.. .IIThis designati;~-i~~TTii
to public recreation areas (such as municipal parks) . . . . land
shown under this designation shall not be used for any purpose other
than recreation, open space, or conservation. Zoning districts
which are consistent with this land use designation are: Community
Facilities ( C F) and Open Space (05).11
To state the obvious, III-G-S says that you cannot have a
commercial use in CF zoning -- only recreation,open space, or con-
servation uses are allowed.
A finding of consistency must be made; the Comp Plan requires
it of the local Planning Agency (Planning and Zoning Board). The
staff report, which is the basis of their information, tells them
that (page 3) IICF zoning is consistent with the land Use Designationll,
True. What it does not tell them is that the planned commercial use
i s not consistent with the land Use Designation, and therefore under
the Comp Plan cannot be done.
The staff report, in justifying its recommendation of approval
based on positive findings with respect to . . . . policies of the
Comprehensive Plan, says,lIAlthough this site i s located within the
CF zone district, policies and objectives outlined in the CBD (Central
Business District) apply as follows: Pol icy C-4.1 states that the
CBD regulations shall be amended to more closely fit the desired
character of the CBD and to facilitate and encourage rehabilitation
and revitalization~ True. But what the report i s seeking to amend
are not CBD but CF regulations to obtain that desired goal. This
i s zoning sleight-of-hand. This i s sheer confusion , perhaps
because the municipal park ( CF) is within the geogr~Qhif~l boundaries
of the central business district (commercial core; small letters - no
caps; n;t a zonTng categ;ry), it i s not within the Central Business
District (CBD zoning category~.
While the Comp Plan sets as one goal the revitalization of the
central business district, we do not it stated that it shall be
undertaken at the exp~nse of all other criteria.
. ,
. '.
Re CF Amendment Page 3
There is no symbiotic relationship between zoning districts,
whereby the goals and objectives of one district are expected to
help the other. There is absolutely no relationship between CBD
and CF zoning. The underlying land use which is the determining
factor is entirely different in each. The reference in the staff
report tp PolicyC-4.1 (CBD) is a red herring, as is the following
reference to Policy C-4.9 which states that improvements to
Veteran1s Park have already been authorized by the Decade of
Excellence Bond, implying that the proposed commercial use has been
identified as an essential component by the Comp Plan to keep the
CBD a vital and competitive marketplace, Untrue. Commercial use
cannot be extrapolated-from the authorization for improvements.
One further caution: Sec. 4.4,21 of the LOR's (CF District)
states that the CF district is compatible with all land use
designationsshown on the Future Land Use Map. That can only be
interpreted to mean that you can put CF zoning in any land use.
The reverse is not true, that you can put any land use in CF zoning.
Since it is intended for facilities which serve public and semi-
public purposes, you can, for example, put a public facility in an
Industrial District (I). T.he reverse is not true, however; you cannot
put an industrial land use in CF zoning. Otherwise, the entire
zoning code would have no meaning.
In summary, for the reasons stated above we ask you to deny the
proposed amendment to CF zoning which would allow commercial use
there. Even if the Comprehensive Land Use Plan did not require
that the request be denied, we believe it would be pOQr public
policy to allow commercial use in CF, changing particularly the
character of our public beach in which so many of our citizens take
great pleasure and pride.
~ Thank you for the time allotted.
Elizabeth H. Matthews
Executive Director, BPOA
July 23, 1991
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'?1
SUBJECT: AGENDA ITEM # 10. C. I - MEETING OF JULY 23, 1991
REQUEST FOR CONDITIONAL USE APPROVAL/BOAT CRUISE OPERATION
DATE: July 18, 1991
We have received a request for conditional use approval to allow a
boat cruise operation at Veteran's Park. A similar request was
previously before the Commission for conditional use approval to
operate a cruise operation and ticket sales on the east side of Palm
Square, just south of East Atlantic Avenue. The Commission denied
that request. Subsequently, in order to assess potential impacts of
noise, disruptions, and congestion, the Commission did approve a
temporary mooring permit for Stillwater Cruises to operate adjacent to
Veteran's Park.
The applicant has apparently abandoned seeking use approval south of
the Atlantic Avenue Bridge. Thus, the only consideration now before
the Commission is that of allowing the use at Veteran's Park.
The Planning and Zoning Board at their July 15th meeting recommended
approval of the conditional use request (5-0 vote/ Beer and FeIner
absent), subject to conditions. At that time opposition was heard
against the conditional use request. A detailed staff report is
attached as backup material for this item.
-
:1\
F')
[ ~ ,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO:C~ H~EN. k~AN=-
FRO' D ID~S. DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JULY 23, 1991
CONSIDERATION OF A REQUEST FOR CONDITIONAL USE APPROVAL
TO OPERATE AN INTRACOASTAL BOAT/CRUISE OPERATION AT
VETERAN'S PARK
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a conditional use request. Specifically, the
use is allowed (see related agenda item re Ordinance 49-91)
as "conduct of commercial activities and businesses of a
permanent nature upon publicly owned lands".
The specific request involves operation of an Intracoastal
Waterway boat/cruise operation from Veteran's Park.
BACKGROUND:
This item has had recent activity and considerations before the
City Commission. Please refer to previous documentation
regarding a similar request for property south of the Atlantic
Avenue Bridge and documentation regarding a temporary mooring
permit issued at the Veteran's Park site.
Previously the City Commission denied a similar request for a
boat operation by the former Bridge Restaurant. Subsequently the
Commission suggested, and permitted, Stillwater Cruises to
operate from Veteran's Park in order to assess potential impacts
of noise, disruptions, and congestion.
The applicant has apparently abandoned seeking use approval south
of the Atlantic Avenue Bridge. Thus, the only consideration now
before the Commission is allowing the use at Veteran's Park.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of July 15th. A public hearing was held and several
individuals spoke in opposition.
"'I
.
City Commission Documentation
Consideration of a Request for Conditional Use Approval to
Operate an Intracoastal Boat/Cruise Operation at Veteran's Park
Page 2
* Sandra Almy, Vista Del Mar, (representing the BPOA),
questioned the size of replacement boat, the adequacy of
parking, and evening noise. She suggested that past 10:00 p.m.
there be a limit on operations.
* Ruth Ellen Harkness, Bar Harbour, stated it was impossible for
her to use her apartment due to the manner in which noise
travelled across the Intracoastal; cited the insufficient amount
of parking; stated the use would destroy her property value; and
stated her opposition to a dumpster being located in the park.
* Kathy Stokes, noted that the inadequate amount of parking
would diminish the ability of citizens to use the park for
recreational purposes; was opposed to having commercialization
wi thin municipal parks; stated her fear of the destruction of
Delray Beach's small town atmosphere.
* Pat Graham, Bar Terrace Apartments, stated that there is
improper docking of boats in the evening hours and that she would
not want that to continue with this proposed operation.
* A letter of support from the Atlantic Plaza Merchants
Association was read in to the record (copy attached).
Board members noted that upon completion of the Veteran I sPark
renovation, complete with bandshell, that there will be other
sources of noise from the park. Some members noted that there
are many folks who are seeking more activity in the park than is
there presently. Member Krall noted that Stillwater Cruises has
been traversing the Intracoastal past the park for many years and
there has not been a compliant filed regarding noise from the
vessel. There was consensus among the Board that traffic impacts
and parking problems were substantially diminished when compared
with the earlier proposal; and, that the use would be beneficial
for the continuing revitalization of downtown.
The Board then, unanimously (5-0) (Beer and Felner absent),
forwarded the request with a recommendation of approval pursuant
to the statement of findings and conditions of approval as
presented in the staff report.
RECOMMENDED ACTION:
By motion, approval of the conditional use request for Stillwater
Cruises to operate from Veteran!s Park pursuant to the findings
and conditions of approval as recommended by the Planning and
Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of July l5, 1991
* Letter of July 9th, Galleria Alexander
DJK/#82/CCBOAT.TXT
PLANNING & ZONING BOARD
CITY OF DELRA Y BEACH --- ST AFF REPORT ---
MEETINO DATE: July IS, 1991
AGENDA ITEM: III .A.
ITEM: Waterway Cruise Boat Operation at Veteran's Park
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Ga::NERAL DATA:
Owner of Boat...................Captain Daine Mark
Owner of park...................City of Delray Beach, Florida
Agent...........................Digby Bridges, Marsh' Associates
Location........................On the west side of the
Intracoastal Waterway, between
E. Atlantic Avenue and N.E. 1st
Street.
City Land Use Plan..............Open Space
City Zoning.....................CP (Community Facilities)
Adjacent Zoning.................Land to the north of the subject
property is zoned RM (Mul ti-
Family Residential), land to the
west and south i. zoned ceo
(Central Business District).
Existing Land Use...............Park
Proposed Land Use...............Dockage for Dinner Cruise Ship
and Ticket Booth.
III. A.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Conditional Use request to establish a commercial passenger
loading area and ticket booth at Veteran's Park for Stillwater
Cruises, pursuant to Section 2.4.5(E).
A concept/sketch plan is accompanying the request.
The property is located north of Atlantic Avenue, west of the
Intracoastal Waterways at the south end of Veterans Park.
Upon approval of the Conditional Use request, the Site Plan
approval action will rest with the SPRAB (Site Plan Review and
Appearance Board).
BACKGROUND:
Veteran's Park was platted as part of The Town of Linton, Block
132, 1986. The property was privately owned between 1871 and
1919. On December 16, 1919, the property was sold to the City of
Delray for $3,500.00. The owner was paid $100.00 with the
balance due with in 6 months or as soon as City Bonds were sold.
In 1923, the property was quit-claimed to the City removing all
clouds of title.
Prior to October 1990, the property was zoned CBD (Central
Business District) . The property was then rezoned to CF
(Community Facilities) with the City wide rezoning.
At its meeting of November 19, 1990, the Planning and Zoning
Board made a determination of similarity of use to allow a
commercial boat dock as a conditional use in the CBD (Central
Business District). The similarity of use was established based
on the allowable uses within the CBD such as restaurants and
places of assembly for commercial entertainment.
Initially the site for the boat dock and ticket office use was to
be on the south side of Atlantic Avenue in conjunction with the
expansion of the parking lot south of the Boyd Building. In
order to expand the parking lot, a portion of the property was
rezoned from RM (Residential) to CF (Community Facilities) to
accommodate the parking lot use.
At its meeting of January 28, 1991, the Planning and Zoning Board
heard both items, that of the rezoning and the conditional use
request to establish a ticket sales office associated with a
waterway cruise operation (Stillwater Cruises). There were a lot
of issues which accompanied the cruise operation i.e. permits
required for the use in the Intracoastal, the stability of the
seawall, the traffic impacts etc. The biggest concern was the
impact on the surrounding neighborhoods within the Marina
Historic District. After long deliberations, the Planning and
Zoning Board recommended approval of the conditional use request.
P&Z Staff Report
Stillwater Cruise Boat Operation - Conditional Use
Page 2
At its meeting of March 26, 1991, the City Commission reviewed
the request. However, action on the item was deferred as they
felt there were too many outstanding issues which needed to be
addressed prior to a final decision. At its meeting of May 14th,
the City Commission denied the conditional use request to
establish a commercial passenger loading area and boat ticket
sales on the east side of Palm Square, south of Atlantic Avenue.
At its meeting of May 28th, Mayor Lynch suggested that the City
Commission entertain,on a temporary basis, the boat use north of
Atlantic Avenue at Veteran's Park. This would allow the cruise
boat operation a trial period on a month to month basis, using
Veteran's Park as a point of dockage. During the trial period
the use would be monitored for its impacts.
At its meeting of June 4th, the City Commission approved the
above agreement for a Pilot Program to permit a Cruise Boat
operation at Veteran's Park.
PROJECT DESCRIPTION:
Stillwater Sightseeing Cruises will berth and operate the boat
north of the Atlantic Avenue bridge, adjacent to Veteran'. Park.
The vessel will carry a maximum of 150 passengers. The vessel
will carry passengers everyday north and south on the
Intracoastal Waterway for scheduled sightseeing cruises. The
vessel will operate Wednesday through Sunday, from 11:00 a.m. to
3:00 p.m. During the season, Stillwater may operate a dinner
cruise. The dinner cruise will leave at 7:00 p.m. and return at
10:00 p.m. Lunch and dinner food will be supplied by a local
restaurant or caterer.
A ticket office 8' x 10' will be located at the southeast corner
of Verteran's Park. The location i. being coordinated with
redesign of the park. The ticket office will require electrical
service. Public restrooma are available at the park and on the
boat. A temporary office may be used in the interim.
The clientele on board will consist of .families, tourists, group
functions, wedding parties, business meetings and retirees. This
type of boat operation occurs north at Riveria Beach and south at
Ft. Lauderdale. No other boats offer this type of cruise in the
area. It is anticipated that the boat will generate clientele
from a geographic area greater than Delray Beach.
The vessel will berth east of the park just north of the bridge.
The vessel has its own gang plank for loading and unloading of
passengers. No dock is need for this type of operation. Four
dolphins will be needed for the vessel to moor against.
P&Z Staff Report
Stillwater Cruise Boat Operation - Conditional Use
Page 3
There are approximately 120 parking spaces at Veteran's Park.
There are two access points to the parking lot. One from N.E.
1st Street and the other from the Atlantic Avenue through the
Atlantic Plaza parking lot. The concept plan for the
redevelopment of the park provides 86 spaces with 20 of them
along N.E. 1st Street, adjacent to the waterway walkway.
CONDITIONAL USE ANALYSIS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the application,
the Staff report, or Minutes. Findings shall be made by the
body which has the authority to approve or deny the
development application. These findings relate to the
following four areas.
Future Land Use Map: (The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation).
The Future Land Use Designation is Open Space. The property is
zoned CF (Community facilities). CF is consistent with the Land
Use Designation. Currently, the use is not allowed in the CF
zoning district. Through a separate Action, the City Commission
will need to add the use to the list of conditional uses allowed
in the CF Zone District.
Concurrency: (Facilities which are provided by, or through, the
City shall be provided to new developaaent 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 syste. is made.
For streets (traffic), drainage, open space (parks), and solid
waste, concurrency shall be determined by the following:
* The improvement is in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there a
schedule of completion in the bonding agreement;
* The improvement is part of a governaental capital
improvement budget; it has been designed; and a contract for
installation has been solicited.
--.-
P&Z Staff Report
Stillwater Cruise Boat Operation - Conditional Use
Page 4
Water:
An 8" water main is located on the north side of Atlantic Avenue
and dead ends at Veteran's Park. No fire hydrants currently
serve the site. A fire hydrant should be located in this general
area and will need to be coordinated with the redesign of the
park.
Sewer:
The vessel has holding tanks for sewage. The tanks are pumped
out every 2 or 3 months. This may be done while the vessel is
refueling or a service vehicle can pump the boat on site. With
the redesign of the park a special system may be installed for
this type of use which would discharge directly into a sewer
system.
Drainage:
This item is not applicable.
Streets and Traffic:
Based on previous information, it is anticipated that less than
200 ADT will be generated from the boat use. The City Traffic
Engineer is verifying this information.
Attached for your review is the Captains log of trips since June
6th.
Parks and Open Space:
Park dedication requirements do not apply for non residential
uses. Open is space is not applicable due to the unique use.
Solid Waste: .
At present, the Ship's Captain is removing the solid waste. To
date approximately 3-30 gallon garbage bags are generated per
trip. There are existing trash receptacles at the park.
However, no dumpsters. Negotiations are ongoing with the city
and Atlantic Plaza to provide a dumpster. If a dumpster is
provided it will need to be incorporated into the parks design.
C~liance with Land Develo~ent Regulations:
The proposed use is in compliance with the Land Development
Regulations. If the conditional use is approved, a full site
plan submittal will be reviewed by the Site Plan Review and
Appearance Board. The proposed site plan aust comply with the
L.D.R.'s and should address the following issues on a temporary
basis and be coordinated with the redesign of Veteran's Park:
1- Handicap accessibility to the boat and a designated handicap
parking space.
P&Z Staff Report
Stillwater Cruise Boat Operation - Conditional Use
Page 5
2. Service route provided for loading/unloading of supplies and
a designated service parking space.
3. Access for emergency vehicles.
(No provisions have been made for access to the boat on the
new park layout)
4. Temporary and permanent ticket office location.
Pursuant to Section 2.4.5 (E)(5) (Findings) in addition to
provisions of Section 3.1.1, the City Commission must make
findings that establishing the Conditional Use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
This site is bordered by a commercial shopping center to the
west, commercial uses to the south, residential uses to the north
and east.
The vessel is moored at the south end of the park. Thus having
the least amount of impact on the surrounding neighborhoods. The
parking will be accommodated ,at public parking facilities. If
anything, the boat use should have a positive effect on
revitalization of the downtown area.
Consistency:
Compliance with performance standards set forth in Chapter 3 and
required findings in Section 2.4.5(E) shall be the basis upon
which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan
may be used in making of a finding of overall consistency.
Required findings under Section 2.4.5(E) are discussed under the
"Compliance with LOR's" section of the staff report and a
positive finding to each is made.. A review of objectives and
policies of the adopted Comprehensive Plan was conducted and the
following objectives or policies were found.
Land Use Element:
Although this site is located within the CF zone District,
policies and objectives outlined in the caD (Central Business
District) apply as follows:
P&Z Staff Report
Stillwater Cruise Boat Operation - Conditional Use
Page 6
Policy C-4, states that the CBD Zoning District regulations shall
be amended to more closely fit the desired character of the CBD
and to facilitate and encourage rehabilitation and revitalization.
* Incentives for dinner theaters, playhouses, and other family
oriented activities.
* Allowing and facilitating outdoor cafes.
Policy C-4.9, state the following capital improvements have
already been identified as essential components of efforts and
programs which are necessary to keep the CBD a vital and
competitive commercial marketplace. The capital improvements
which should be a part of any general obligation bond program
which is created.
* Veteran's Park improvement
Veteran's Park has been allocated $500,000 from the Decade of
Excellence Bond for improvements to the park. Additional monies
have been obtained from grants for the reconstruction of the
seawall and docks.
OTHER:
Upon a site cruise on July 10, 1991, the following is noted:
There were a minimum of two people per car or families of four.
The traffic was evenly spread out over a half hour prior to the
boat embarking. Traffic impact was minimal, however, only 24
people were on board. No music or commentary was aired stated
until the boat was south of the Atlantic Avenue Bridge. It
appeared that the boat actually generated less noise than the
speed boat motors in the Intracoastal.
In general, the boat created minimal impact on the surrounding
areas. The boat use bring people to the downtown area and create
a catalyst for revitalization. The Ship's Captain also noted
that fewer vagrants have been at the park since the boat has been
docked there. This helps create an image of the downtown area as
being a safer place to be.
REVIEW BY OTHERS:
This item has been scheduled for the July 18th Community
Redevelopment Agency meeting. Their recommendation will be
forwarded to the City Commission.
P&Z Staff Report
Stillwater Cruise Boat Operation - Conditional Use
Page 7
ASSESSMENT AND CONCLUSIONS:
Most of the issues associated with the use south of the Atlantic
bridge have been eliminated with the new location. The seawall
while in acceptable condition is scheduled for major work later
this year. The traffic has been eliminated through the Marina
Historic District. The boat is visible from Atlantic Avenue
which should create interest and positive activity at the park
and help to stimulate revitalization of the downtown area.
while the boat use was not incorporated with the Veteran's Park
concept plan it appears that it can be readily accommodated.
Items to be addressed include handicap parking, service route,
dumpsters, etc. Temporary conditions can be worked out at the
time of site plan approval.
ALTERNATIVES:
A. Continue with direction.
B. Recommend approval of the request based upon positive
findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(E)(5) and subject to
conditions.
STAFP RECOMMENDATIOB:
Recommend approval of the Conditional Use request based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.5(E)(5) for
Stillwater Cruises with conditions.
1. That the site plan show temporary conditions until the
park is redeveloped.
2. That any conditions imposed at the time of site plan
approval be incorporated into the new layout of Veteran's
Park.
Attachments
* Ships Log of Trips
* Site Plan
.
JM/'6/BOAT1.TXT
STILLWATER CRUISES
DATE # OF PASSENGERS
06/06 Boat Docked
06/12 11
06/14 17
06/15 11
06/16 Father's Day 70
06/19 10
06/21 07
06/23 28
06/26 19
06/28 19
06/29 12
06/30 20
07/03 23
07/04 4th of July (2 Trips) 120
07/05 18
07/06 36
07/07 40
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7//~/91
<&alleria 10~
Alexanbtt
July 9,1991
RECEIVED
Ms. Alison M. Harty 1/1J;/q/
City Clerk CrTY CLERK
City of Delray Beach
100 N. W. First Avenue
Delray Beach, Florida 33444
Ref: Public Notice 91-121/Veterans Park Use by
Stillwater cruises
Dear Alison:
Though I will be unable to attend the Monday, July 15,1991
meeting of the Planning and Zoning Board I felt as President
of the Atlantic Plaza Merchants Association I should make
you aware of the position we have taken on the Stillwater
Cruises.
,
We are very much in favor of the kind of business the boat
generates. Any activity that increases traffic to our shops
and restaurants is greatly appreciated.
It is our hope that the Planning and Zoning Board will
vote for its approval.
Sincerely,
~ de (2.A.'Rorw!
Renee deR. A. Rand
Owner-Director
Galleria Alexander
777 E. Atlantic Avenue · Suite H · Oelray Beach, Florida 33483
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8fv1
SUBJECT: AGENDA ITEM # 100 - MEETING OF JULY 23, 1991
ORDINANCE NO. 46-91 (RUBIN REZONING/CITY-INITIATED)
DATE: JULY 18, 1991
This is second reading of an ordinance rezoning and placing land
presently zoned RM (Multiple Family Residential - Medium Density)
District in RL (Multiple Family Residential - Low Density) District.
The property is located on the east side of S.R. AIA, between Lewis
Cove and Brooks Lane. At your May 14, 1991, regular meeting, the
Commission approved the initiation of a rezoning petition for this
property.
The property has a long history; several petitions for annexation were
filed and rejected. In 1986, the Commission annexed the property with
initial zoning of RM and a condition which limited the density to five
units. This action was enjoined in the courts by the applicant as his
petition had requested RM-I0 zoning with a maximum cap of eight units.
In 1987, the Commission approved a land use designation change from
MF-15 (Multi-Family 15 units/acre) to MF-M (Multi-Family Medium
Density). Subsequently, a "Stipulation of Settlement" was reached
which restricted the property to no more than five (5) units.
However, the stipulation does not run with the land nor was it
recorded.
Inasmuch as the property has since changed hands and in order to avoid
potential problems with the future enforcement of the Stipulation of
Settlement, it is prudent to consider a rezoning to the RL district at
this time. The resulting density cap will fulfill the intent of the
stipulation and provide a step-down zoning category. Future
development will require approval of a site plan, landscape plan and
elevations. Appropriate notice has been provided to the property
owner and, as a courtesy, to the Beach Property Owners Association. A
detailed staff report is attached as backup material for this item.
At their June 17, 1991, meeting, the Planning and Zoning Board
recommended approval (7-0 vote) of the rezoning with the provision for
a five (5) unit cap. Comments were heard from a representative of the
Beach Property Owners Association with respect to placing a cap of
four (4) units on the property.
Recommend approval of Ordinance No. 46-91 on second and final reading.
.
ORDINANCE NO. 46-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL -
MEDIUM DENSITY) DISTRICT IN RL (MULTIPLE FAMILY
RESIDENTIAL - LOW DENSITY) DISTRICT; SAID LAND BEING
LOCATED AT 1325 SOUTH OCEAN BOULEVARD (S.R. A-1-A) ,
DELRAY BEACH, FLORIDA, AS MORE PARTICULARLY DESCRIBED
HEREIN; 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 De1ray Beach, Florida, is hereby rezoned and placed in the RL
(Multiple Family Residential - Low Density) District as defined in
Chapter Four of the Land Development Regulations of Delray Beach, Flori-
da, to-wit:
All that part of the North 100 feet of the South 1100
feet of the North 4680 feet of Section 21, Township 46
South, Range 43 East, which part is bounded on the
west by the east boundary line of the right-Of-way of
State Road A-I-A (Formerly S.R. 140) and on the east
by the waters of the Atlantic Ocean, Palm Beach
County, Florida.
The subject property is located on the east side of
State Road A-1-A between Atlantic Avenue and Linton
Boulevard, De1ray Beach, Florida.
The above described parcel contains a 0.83 acre parcel
of land, more or less.
Section 2. That in recognition of the Stipulation of Settle-
ment Agreement dated October 1, 1987, and the use of the Erosion Control
Line as the basis for determining density, the maximum unit count on the
property shall be no more than five dwelling units.
Section 3. 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 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
.
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I Section 6. That this ordinance shall become effective imme-
I diately upon passage on second and final reading.
I 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 June 25, 1991
Second Reading
I
.
-2- Ord. No. 46-91 I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO, CJD H~RD:j CiMANAGER Rt\~EiVED
JUN 18 1991
FROM, I~OVACS. DIR~ CI fY MAki;Gtt\'- OF"'I(L
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 25, 1991
FIRST READING " "RUBIN" REZONING, RM TO RL
(CITY INITIATED)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of a rezoning ordinance.
The rezoning affects property known as the "Rubin
Annexation". The change is from RM to RL. The property is
located on the east side of Ocean Boulevard (A-I-AI, between
Lewis Cove and Brooks Lane.
BACKGROUND:
This property has a controversial history. Please refer to the
Planning and Zoning Staff Report for details. In short, the
property ended up with a "stipulation agreement" zoning which
limited development to five units. Changes in ownership,
Comprehensive Plan designations, and zoning classifications have
made the potential rezoning of the property appropriate at this
point in time. Again, please refer to the P&Z Staff Report for
details.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of June 17, 1991- Some public comments were aired.
Elizabeth Matthews, representing the Be~ch Property Owners
Association, requested that since circumstances have changed that
th~ rezoning proceed but that it not recognize provisions of the
stipulation agreement and that a normal (per zoning code) cap of
four ( 4) units be stated.
Board Members varied on their positions with the consensus
feeling that it is appropriate to have the rezoning reflect the
provisions of the stipulation agreement as to unit count. There
was no property owner representative.
The Board then forwarded the rezoning item with a 7-0 vote to
rezone to RL with a provision for a five ( 5) unit cap.
1111
City Commission Documentation
First Reading, "Rubin" Rezoning, RM To RL
Page 2
RECOMMENDED ACTION:
By motion, approval of this rezoning ordinance on first reading
with direction to the City Clerk to provide special thirty (30 )
day notice to the property owner of record and to schedule the
second reading and public hearing accordingly.
~
Attachment:
* P&Z Staff Report & Documentation of June 17, 1991
DJK/#83/CCRUBIN.TXT
""
pLANNING & ZONING. BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
..EETING DATE: "TNI': 17 J 1 QQl
~QENDA ITEM:' TTT A.
.
ITEM: Rubin Rezoning (RM to RL), City Initiated 0.83 Acres, East Side of A-l-A, North of
Linton Boulevard.
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GE:NERAL DATA:
Owner...........................Meadowland. National Bank,
c/o Akerman et ale
Agent...........................City of Delray Beach, FL
Location........................On the east side of State Road
AlA, between Atlantic Avenue and
Linton Boulevard.
Property 5ize...................0.83 Acres
City Land Use Plan..............Mediua Den.ity (5-12 du/acre)
Existing City Zoning............RM (Residential Medium Density)
Proposed Zoning.................RL (Residential Low Qensity)
Adjacent Zoning.................West and south is zoned RM,
north is zoned Rl-AAA (Single
Family Residential), east is the
Atlantic Ocean.
Existing Land Use...............One Single Family unit.
Proposed Land Use...........:...No proposal at present. IlLA.
~ ~ .
.
ITEM BEFORE THE BOARD:
The action before the Board i. that of making a recommendation on
a rezoning of a .83 acre parcel of land from RM (Multi-Family
Residential Medium Density) to RL (Multi-Family Residential Low
Densi ty) . The property is located on the east side of A-I-A at
approximately Brooks Lane extended.
BACI(GROUMD:
A single family house was constructed on this property while the
property was in the County" In September, 1985 the property
owner requested annexation with initial zoni.ng of RM-15
(Residential Multi-Family). The zoning designation would have
allowed the development of a maximum of 12 units. Due to the
transitional nature of the property between single family
residences to the north and mUlti-family to the south. Staff
recommended a RM zoning designation at a maximum of 5 units. At
a Planning and Zoning Board work session a similar direction was
expressed to the applicant who then withdrew the annexation
request.
On November 12, 1985 the applicant was before the City Commission
for approval to install a surge tank on the property. The tank
was to supplement water pressure needed to construct 12
residential units while remaining in the County. The City
Commission denied the request.
In December, 1985 the annexation request was resubmitted
with an initial zoning of RM-15 and a density cap of 9 units. At
its meeting of December 17, 1985 the Planning and Zoning Board
recommended to City Commission approved of the annexation with RM
zoning and ~ maximum of 6 units. The applicant did not amend his
application and the City Commission considered Ordinance No. 5-86
(initial zoning of RM-15) on January 14, 1986. The Ordinance was
denied.
In June, 1986 an annexation request with initial zoning of RM-lO
and a maximum cap of 8 units was submitted. At the Planning and
Zoning Board work session of July 7, 1986 the Board found that
the RM-10 zoning designation (which allowed 3 story development)
was incompatible with adjacent single faaily uses. The Board
recommended a change to RM (which allowed ,2 story) with a maximum
density cap of 8 unit.. At its meeting of November 25, 1986 the
City Comm~ssion approved the annexation with initial zoning of RM
(with a density cap of 5 units) via Ordinance 71-86. The
applicant enjoined this action in the Courts.
On September 8, 1987 the City Commission approved a land use
designation change from MF-l5 to MF-M (MUlti-Family - Medium) .
On October 1, 1987 a "Stipulation of Settlement" between the
property owner "Rubin" (previous property owner) and the City of
Delray Beach was entered into which restricted the property to no
more than 5 units. However, the stipulation does not run with
the land nor was it recorded~
#
P&Z Staff Report
Rezoning of the Rubin Property,
Page 2
The 1990 tax roll records indicate the property has changed hands
and is now owned by Meadowlands National Bank. During
preparation of Amendment 91-1, the Beach Properties Owners
Association queried as to the appropriateness of the RM zoning
designation (6-12 du/ac) on the property since pursuant to the
"Stipulation of Settlement" no more than 5 units can be built.
Under the existing RM zoning, the development of 4 to 9 units
would be allowable. To avoid potential problems enforcing the
"Stipulation of Settlement" on future owners it is prudent to
consider a rezoning to RL at this time. This activity .can
therefore be viewed as a housekeeping matter.
At the City Commission meeting of May 14, 1991 the City
Commission initiated a rezoning from RM to RL for the Rubin
property.
PROJECT DESCRIPTION:
The property is 100' wide and approximately 404' deep (Erosion
Control Line) and currently contains an unoccupied 2-story single
family house which is for sale. To the north, the site is
bordered by a 1-story single family home and to the south, by a
2-story multi-family structure.
ZONING ANALYSIS:
REQUIRED FUIDIHGS: (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).
As this is a City initiated rezoning no development proposal
is accompanying this request. However, staff has had
discussions with a representative of an alleged new property
owner who wishes to construct a large single family home,
accessory guest cottage and guard house on the property.
Pursuant to Section 4.4.5(8), the RL (Low Density
Residential District) allows both single family and
multi-family structures as permitted uses.
,
P&Z Staff Report
Rezoning of the Rubin Property
Page 3
The future land use designation for this parcel is Medium
Density residential (5-12 units per acre) wnich will allow
.between 4 and 9 units on this property. The current RN
zoning designation allows between 6-12 units per acre (4 and
9 units for this property) while the RL' zoning district
allows between 3-6 units per acre (2 to 4 units for this
property) . The RL zoning district therefore could be
construed to be consistent with the Land Use designation at
the maximum development densities. However, the .83 acres
of buildable lot allows between 2.49 and 4.98 units which
pursuant to Section 4.3.4(1)(2) is to. be rounded down.
Therefore, a conflict exists in that the zoning will
restrict the property to a maximum of 4 units while the
"Stipulation of Settlement" allows 5 units. The Planning
and Zoning Board can dispose of this issue in one of the
following manners:
A. Due to the uniqueness of this parcel i.e. existence of
"stipulation of Settlement" and the motivation of the
rezoning request being that of limiting the property to
a maximum of 5 units, interpret the allowed 4.98 units
as a cap of 5 units.
B. Determine that as the "Stipulation of Settlement" was
reached between a previous property owner and the City,
it is no longer applicable. Therefore, as the need for
a step down zoning designation still exists development
of bet.ween 2 and 4 units on the property is
appropriate.
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 st~eets (traffic), drainage, open space (parks), and solid
waste, concurrency shall be determined by -the following:
* The improvement is 'in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there a
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital
improvement budget; it has been designed; and a contract
for installation has been solicited.
Water:
Water service exists to the site via a 6" main located along
the east side of Federal Highway. A fire hydrant is located
approximately 220' south of the property.
. .
P&Z Staff Report
Rezoning of t~e Rubin Property
Page 4
Sewer:
Sewer service exists via a service connection to a 15" main
located on the west side of Federal Highway.
Drainage:
On-site drainage is better dealt with upon site plan
submittal. Any development will be required to maintain the
first Iff of a 100 year storm event on site. In addition,
pursuant to Comprehensive Plan Policy A-l.2 (Coastal Zone
Element) all overflow drainage will require connection to
the municipal storm sewer system and shall not discharge in
waterways.
Streets and Traffic:
No concerns over traffic generation rates for a maximum of
five mUlti-family units is excepted. A-1-A adjacent this
parcel has a current LOS (level of service) of 8 pursuant to
the Traffic Element of the Comprehensive Plan.
Parks and Open Space:
Pursuant to Section 5.3.2(C)(1) a park impact fee of $500
per unit will be assessed upon building permit application.
All applicable open space requir~ments i.e. required
perimeter buffers internal landscape requirements, etc. will
be required during site plan review.
Consistency:
Compliance with the performance standards set forth in Section
3.3.2 along with the required findings in Section 2.4.5 shall be
the basis upon which a finding of overall consistency is to be
made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in making of a finding of overall
consistency. The applicable performance standards of Section
3.3.2 and other policies which apply are as follows:
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas. shall be
denied.
This lot is located within a stabilized neighborhood. The
petition before you is a housekeeping measure which in fact
reduce potential density and assure compliance with density
caps placed on the property via the "Stipulation of
Settlement".
B) Performance Standard 3.3.2(0) states: That the rezone shall
result in allowing land uses which are deemed compatible
with adjacent and nearby land use both existing and
proposed: or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
, .
P&Z Staff Report
Rezoning of the Rubin Property
Page 5
This rezoning will assure greater compatibility with adjacent
land uses by providing a transitional district i.e. step down
density, zone between RM15 property to the south and R-lAAA
to the north.
Other ApplicAble Comprehensive Plan Policies:
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.
This site is unique in that substantially different zoning
designations exist on each side. The set down zoning is
most compatible given these factors.
Policy C-3.2: There shall be no change in the intensity of land
use within the barrier island and all infill development which
does occur shall connect to the City's storm water management
system and sanitary sewer system.
This represents a positive change to a lower density.
Connection into the storm water and sewer systems will be
required with site development plans. .
Policy C-3.6: Development in the Coastal Zone shall be subject
to the same findings of concurrency as are required for other
development in the City and shall additionally include a finding
that such development is consistent with the densities proposed
by the Future Land use Element and is consistent with coastal
resource protection and safe evacuation programs.
The normal findings of concurrency are found in this staff
report. The additional finding can be made in that the
density is consistent with the Future Land Use Element and
the lower density will reduce impacts on coastal resources
and evacuation levels of service.
LOR Compliance [Section 2.4.5(D)(1)]:
Pursuant to Section 2.4.5 (0)(1), a justification statement
providing the reason for which the change is being sought must
accompany all rezoning requests. The Code further identities
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;
, , . .
P&Z Staff Report
Rezoning of the Rubin Property
Page 6
* That th~ requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it. is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
Pursuant to Section 2.4.5(d)(5), the City Commission is required
to make a finding that- the petition will fulfil one of these
reasons.
The applicable justification statement is that the requested
zoning is of similar intensity of the' Future Land Use Map
and it is more appropriate given the need to provide a step
down density between multi-family to the south and single
family to the north.
REVIEW BY OTHERS:
The development proposal is not in a geographic area requiring
review by either the (HPB) Historic Preservation Board, DDA
(Downtown Development Authority) , or the CRA (Community
Redevelopment Agency). Multi-family development will require
approval of the site plan, landscape plan and elevations by the
Site Plan Review and Appearance Board. Single family development
is allowed upon application to and approval by the Chief Building
Official.
Regular notice has been provided to the property owner as well as
a courtesy notice to the Beach Property Owners Association
( BPOA) .
ASSESSMENT AND CONCLUSIONS:
This is a straightforward, bookkeeping rezoning petition. The
resulting density cap will fulfill requirements of the
"Stipulation of Settlement" and provide a step down zoning
category. The Board needs to decide wether, given the unique
"Stipulation of Settlement" on this property the 4.98 unit
potential for this property should to be rounded up to 5 units
or wether the rezoning should stand on its own merit, not bound
by an agreement with a previous owner; thereby, allowing a
maximum of 4 units pursuant to Section 4.3.4(I)ta). As a single
family development is currently proposed a density difference
between 4 and 5 units may not be an ,issue with the current owner.
ALTERNATIVES:
A. Continue with direction.
, . .
,
P&Z Staff Report
Rezoning of the Rubin Property
Page 7
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter 3
[Performance Standard 3.3.2 (D), (Future Land Use Map)], in
that,the existing zoning district of RM is more consistent
with the Future Land Use Map and that the density limit of 5
units maximum should be enforced thru the "Stipulation of
Settlement".
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 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) and with the recommendation that given
the maximum density of 4.98 and existence of the "Stipulation of
Settlement" for 5 units that a maximum density of 5 units be
allowed.
,
Po/t39/RUBIN.TXT
~.,
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3(; o~ ~bTIcE- /'
MEMORANDUM
P I-l - II c93/ g I
TO: MAYOR AND CITY COMMISSIONERS
. ,I
FROM: CITY MANAGERi~jhl
SUBJECT: AGENDA ITEM # f~l!..., - MEETING OF JUNE 25, 1991
ORDINANCE NO. 46-91
DATE: June 21, 1991
This is a first reading of an Ordinance rezoning and placing land
presently zoned RM (Mult~ple Family Residential- Medium Density)
District in RL (Multiple Family Residential- Low Density) District;
said property being located on the east side of State Road,A-1-A
between Atlantic Avenue and Linton Boulevard; and, otherwise known as
the Rubin Annexation. At your May 14th regular meeting the Commission
approved the initiation of a rezoning petition for this property.
This property has a long history; several petitions for annexation
were filed and rejected. In 1986, the Commission annexed the property
with the initial zoning of RM and a condition which capped the density
at five units. This action was enjoined in the Courts by the
applicant as his petition requested RM-10 zoning with a maximum cap of
eight units. In 1987, the Commission approved a land use designation
change from MF-15 (Multi-Family 15 units) to MF-M (Multi-Family
Medium). Subsequently, a "Stipulation of Settlement" was reached
which restricted the property to no more than five units. However,
the stipulation does not run with the land nor was it recorded.
The 1990 tax roll records indicate that the property is now in the
ownership of Meadowlands National Bank; therefore, in order to avoid
potential problems with the future enforcement of the Stipulation of
Settlement, it is prudent to consider a rezoning to RL at this time.
Under the current RM zoning, the development of four to nine units
would be allowable.
This is a straightforward, bookkeeping rezoning petition. The
resulting density cap will fulfill requirements of the Stipulation of
Settlement and provide a step down zoning category. Future
development will' require approval of the site plan, landscape plan, and
elevations. Notices have been provided to the' property owner, and as
a courtesy, to the Beach Property Owners Association. A detailed
staff report is attached as backup material for this item.
The Planning and Zoning Board at their June 17th meeting recommend
approval of the rezoning with the provision for a five unit cap.
Comments were heard from a representative of the Beach Property Owners
Association with regard to placing a cap of four units on this
property.
Recommend approval of Ordinance No. 46-91 on first reading.
(Note: As of June 14, 1991 the property changed hands. The current property owner
is Marlene Cerny c/o Dickenson, Murdoch and Rex, 980 N. Federal Highway, Ste 0 410,
Boca. Raton, FL 33432). ' .
ORDINANCE NO. 46-91
AN OROINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL -
MEDIUM DENSITY) DISTRICT IN RL (MULTIPLE FAMILY
RESIDENTIAL - LOW DENSITY) DISTRICT, SAID LAND BEING
LOCATED AT 1325 SOUTH OCEAN BOULEVARD (S. R. A-1-A),
DEL RAY BEACH, FLORIDA, AS MORE PARTICULARLY DESCRIBED
HEREIN, AND AMENDING "ZONING 'DISTRICT MAP, DELRAY
BEACH, FLORIDA, 1990", PROVIDING A GENERAL REPEALER
CLAUSE, PROVIDING A SAVING CLAUSE, PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFO~? BE IT OROAINED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY 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 RL
(Multiple Family Residential - Low Density) District as defined in
Chapter Four of the Land Development Regulations of Delray Beach, Flori-
da, to-wit:
All that part of the North 100 feet of the South 1100
feet of the North 4680 feet of Section 21, Township 46 I
South, Range 43 East, which part is bounded on the
west by the east boundary line of the right-of-way of
State Road A-1-A (Formerly S.R. 140) and on the east I
by the waters of the Atlantic Ocean, Palm Beach
County, Florida.
The subject property is located on the east side of
State Road A-1-A between Atlantic Avenue and Linton
Boulevard, Delray Beach, Florida.
The above described parcel contains a 0.83 acre parcel
of land, more or less.
Section 2. That in recognition of the Stipulation of Settle-
ment Agreement dated October 1, 1987, and the use of the Erosion Control
Line as the basis for determining density, the maximum unit count on the
property shall be no more than five dwelling units.
Section 3.. 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 4,. That all ordinance. or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section. 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the .validityot the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
I
I
I
=
Section 6. That this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST: .
City Clerk
First Reading
Secorid Reading
,
i
I
i
.'
C I T Y COM MIS S ION DOC U,M E N TAT ION
TO: CJD HARDEN, CITY MANAGER RhCEi VED
JUN 18 1991
FROM: I~~S~~%~ CI fT' MAN,4GER'S OFFICl
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 25, 1991
FIRST READING " "RUBIN" REZONING, RM TO RL
(CITY INITIATED)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of a rezoning ordinance.
The rezoning affects property known as the "Rubin
Annexation". The change is from RM to RL. 'rhe property is
located on the east side of Ocean Boulevard (A-1-Al, between
Lewis Cove and Brooks Lane.
BACKGROUND:
This property has a controversial history. Please refer to the
Planning and Zoning Staff Report for details. In short, the
property ended up with a "stipulation agreement" zoning which
limited development to five units. Changes in ownership,
Comprehensive Plan designations, and zoning classifications have
made the potential rezoning of the property appropriate at this
point in time. Again, please refer to the P&Z Staff Report for
details.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of June 17, 1991- Some public comments were aired.
Elizabeth Matthews, representing the Bea,ch Property Owners
Association, requested that since circumstances have changed that
th~ reioning proceed bu~ that it not recognize provisions of the
stipulation agreement and that a normal (per zoning code) cap of
four ( 4 ) units be stated.
Board Members varied on their positions with the consensus
feeling that it is appropriate to have the rezoning reflect the
provisions of the stipulation agreement as to unit count. There
was no property owner representative.
The Board then forwarded the rezoning item with a 7-0 vote to
rezone to RL with a provision for a five ( 5 l unit cap.
--
City Commission Documentation
First Reading, "Rubin" Rezoning, RM To RL
Page 2
RECOMMENDED ACTION:
By motion, approval of this rezoning ordinance on first reading
with direction to the City Clerk to provide special thirty ( 30 )
day notice to the property owner of record and to schedule the
second reading and public hearing accordingly.
4
Attachment:
* P&Z Staff Report & Documentation of June 17, 1991
DJK/#83/CCRUBIN.TXT
".,
pLANNING & ZONING BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE: nINF. 17. 1QQ1
AGENDA ITEM:' TTT A.
.
ITEM: Cit Initiated 0.83 Acres, East Side of A-I-A, North of
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GENERAL DATA:
Owner...........................Meadowlands National Bank,
c/o Akerman et al.
Agent...........................City of Delray Beach, FL
Location........................On the east side of State Road
AlA, between Atlantic Avenue and
Linton Boulevard.
Property Size...................O.83 Acres
City Land Use Plan..............Medlua Density (S-l2 du/acre)
Existing City Zoninq............RM (Residential Medium Density)
Proposed Zoning.................RL (Residential Low Qenaity)
Adjacent zoning.................West and south is zoned RM,
north is zoned Rl-AAA (Single
Family Residential), east is the
Atlantic Ocean.
Existing Land Use...............One Single Family unit.
Proposed Land Use...........:...No proposal at present. III. A.
J " .
.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a rezoning of a .83 acre parcel of land from RM (Multi-Family
Residential Medium Density) to RL (Multi-Family Residential Low
Density) . The property is located on the east side of A-l-A at
approximately Brooks Lane extended.
BACKGROUND:
A single family house was constructed on this property while the
property was in the County,. In September, 1985 the property
owner requested annexation with initial zoni'ng of RM-15
(Residential Multi-Family). The zoning designation would have
allowed the development of a maximum of 12 units. Due to the
transltional nature of the property between single family
residences to the north and multi-family to the s'outh. Staff
recommended a RM zoning designation at a maximum of 5 units. At
a Planning and Zoning Board work session a similar direction was
expressed to the applicant who then withdrew the annexation
request.
On November 12, 1985 the applicant was before the City Commission
for approval to install a surge tank on the property. The tank
was to supplement water pressure needed to construct 12
residential units while remaining in the County. The City
Commission denied the request.
In December, 1985 the annexation request was resubmitted
with an initial zoning of RM-15 and a density cap of 9 units. At
its meeting of December 17, 1985 the Planning and Zoning Board
recommended to'City Commission approved of the annexation with RM
zoning and ~ maximum of 6 units. The applicant did not amend his
application and the City Commission considered Ordinance No. 5-86
(initial zoning of RM-15) on January 14, 1986. The Ordinance was
denied.
In June, 1986 an annexation request with initial zoning of RM-IO
and a maximum cap of 8 units was submitted. At the Planning and
Zoning Board work session of July 7, 1986 the Board found that
the RM-IO zoning designation (which allowed 3 story development)
was incompatible with adjacent single family. uses. The Board
recommended a change to RM (which allowed'2 story) with a maximum
density cap of 8 units. At its meeting of November 25, 1986 the
City Comm~ssion approved the annexation with initial zoning of RM
(with a density cap of 5 units) via Ordinance 71-86. The
applicant enjoined this action in the Courts.
On September 8, 1987 . the City Commission approved a land use
designation change from MF-15 to MF-M . (Multi-Family - Medium) .
On October 1, 1987 a "Stipulation of Settlement" between the
property owner "Rubin" (previous property owner) and the City of
Delray Beach was entered into which restricted the property to no
more than 5 units. However, the stipulation does not run with
the land nor was it recorded~
. .
.
P&Z Staff Report
Re~oning of the Rubin Property,
Page 2
The 1990 tax roll records indicate the property has changed hands
and is now owned by Meadowlands National Bank. During
preparation of Amendment 91-1, the Beach Properties Owners
Association queried as to the appropriateness of the RM zoning
designation (6-12 du/ac) on the property since pursuant to the
"Stipulation of Settlement" no more than 5 units can be built.
Under the existing RM zoning, the development of 4 to 9 units
would be allowable. To avoid potential problems enforcing the
"Stipulation of Settlement" on future owners it is prudent to
consider a rezoning to RL at this time. This activity .can
therefore be viewed as a housekeeping matter.
At the City Commission me~ting of May 14, 1991 the City
Commission initiated a rezoning from RM to RL for the Rubin
property.
PROJECT DESCRIPTION:
The property is 100' wide and approximately 404' deep (Erosion
Control Line) and currently contains an unoccupied 2-story single
family house which is for sale. To the north, the site is
bordered by a I-story single family home and to the south, by a
2-story multi-family structure.
ZONING 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).
As this is a City initiated rezoning no development proposal
is accompanying this request. However, staff has had
discussions with a representative of an alleged new property
owner who wishes to construct a large single family home,
accessory guest cottage and guard house on the property.
Pursuant to Section 4.4.5(8), the RL (Low Density
Residential District) allows both single family and
multi-family structures as permitted uses.
..
P&Z Staff Report
Rez.oning of the Rubin Property
Page 3
The future land use designation for this parcel is Medium
Density residential (5-12 units per acre) wOich will allow
between 4 and 9 units on this property. The current RM
zoning designation allows between 6-12 units per acre (4 and
9 units for this property) while the RL zoning district
allows between 3-6 units per acre (2 to 4 units for this
property) . The RL zoning district therefore could be
construed to be consistent with the Land Use designation at
the maximum development densities. However, the .83 acres
of buildable lot allows between 2.49 and 4.98 units which
pursuant to Section 4.3.4(1)(2) is to. be rounded down.
Therefore, a conflict exists in that the zoning will
restrict the property to a maximum of 4 units while the
"Stipulation of Settlement" allows 5 units. The Planning
and Zoning Board can dispose of this issue in one of the
following manners:
A. Due to the uniqueness of this parcel i.e. existence of
"Stipulation of Settlement" and the motivation of the
rezoning request being that of limiting the property to
a maximum of 5 units, interpret the allowed 4.98 units
as a cap of 5 units.
B. Determine that as the "Stipulation of Settlement" was
reached between a previous property owner and the City,
it is no longer applicable. Therefore, as the need for
a step down zoning designation still exists development
of oetween 2 and 4 units on the property is
appropriate.
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 ~uniclpal system is made.
For s t-reets (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 !nst~ument, and there a
schedule of completion in the bonding agreement;
* The improvement ,is part of a governmental capital
improvement budget; it has been designed; and a contract
for installation has been solicited.
Water:
Water service exists to the site via a 6" main located along
the east side of Federal Highway. A fire hydrant is located
approximately 220' south of the property.
P&Z Staff Report
Rezoning of t~e Rubin Property
Page 4
Sewer:
Sewer service exists via a service connection to a 15" main
located on the west side of Federal Highway.
Drainage:
On-site drainage is better dealt with upon site plan
submittal. Any development will be required to maintain the
first 1" of a 100 year storm event on site. In addition,
pursuant to Comprehensive Plan Policy A-l.2 (Coastal Zone
Element) all overflow drainage will require connection to
the municipal storm sewer system and shall not discharge in
waterways.
Streets and Traffic:
No concerns over traffic generation rates for a maximum of
five multi-family units is excepted. A-I-A adjacent this
parcel has a current LOS (level of service) of B pursuant to
the Traffic Element of the Comprehensive Plan.
Parks and Open Space:
Pursuant to Section 5.3.2(C)(1) a park impact fee of $500
per unit will be assessed upon building permit application.
All applicable open space requir~ments i.e. required
perimeter buffers internal landscape requirements, etc. will
De required during site plan review.
Consistency:
Compliance with the performance standards set forth in Section
3.3.2 along with the required findings in Section 2.4.5 shall be
the basis upon which a finding of overall consistency is to be
made. Other objectives and policies found in the adopted
, Comprehensive Plan may be used in making of a finding of overall
consistency. The applicable performance standards of Section
3.3.2 and other policies which apply are as follows:
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas. shall be
denied.
This lot is located within a stabilized neighborhood. The
petition before you is a housekeeping measure which in fact
reduce potential density and assure compliance with density
caps placed on the property via the "Stipulation of
Settlement".
B) Performance Standard 3.3.2(D) states: That the rezone shall
result in allowing land uses which are deemed compatible
with adjacent and nearby land use both existing and
proposed: or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
,
P&Z Staff Report
Rezoning of the Rubin Property
Page 5
This rezoning will assure greater compatibility with adjacent
land uses by providing a transitional district i.e. step down
density, zone between RM15 property to the south and R-lAAA
to the north.
Other Applic&ble Comprehensive Plan Policies:
Policy C-3.l: 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.
This site is unique in that substantially different zoning
designations exist on each side. The set down zoning is
most compatible given these factors.
Policy C-3.2: There shall be no change in the intensity of land
use within the barrier island and all infill development which
does occur shall connect to the City's storm water management
system and sanitary sewer system.
This represents a positive change to a lower density.
Connection into the storm water and sewer systems will be
required with site development plans. .
Policy C-3.6: Development in the Coastal Zone shall be subject
to the same findings of concurrency as are required for other
development in the City and shall additionally include a finding
that such development is consistent with the densities proposed
by the Future Land use Element and is consistent with coastal
resource protection and safe evacuation programs.
The normal findings of concurrency are found in this staff
report. The additional finding can be made in that the
density is consistent with the Future Land Use Element and
the lower density will reduce impacts on coastal resources
and evacuation levels of service.
LOR Compliance [Section 2.4.5(D)(l)):
Pursuant to Section 2.4.5 (0)(1), a justification statement
providing the reason 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;
,
.
P&Z Staff Report
Rezoning of the Rubin Property
Page 6
* That th~ requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the proPerty based upon
circumstances particular to the site and/or
neighborhood.
Pursuant to Section 2.4.5(d)(5), the City Commission is required
to make a finding that- the petition will 'fulfil one of these
reasons.
The applicable justification statement is that the requested
zoning is of similar intensity of the' Future Land Use Map
and it is more appropriate given the need to provide a step
down density between multi-family to the south and single
family to the north.
REVIEW BY OTHERS:
The development proposal is not in a geographic area requiring
review by either the (HPB) Historic Preservation Board, ODA
(Downtown Development Authority) , or the CRA (Community
Redevelopment Agency). Multi-family development will require
approval of the site plan, landscape plan and elevations by the
Site Plan Review and Appearance Board. Single family development
is allowed upon application to and approval by the Chief Building
Official.
Regular notice has been provided to the property owner as well as
a courtesy notice to the Beach Property Owners Association
( BPOA) .
ASSESSMENT AND CONCLUSIONS:
This is a straightforward, bookkeeping rezoning petition. The
resulting density cap will fulfill requirements of the
"Stipulation of Settlement" and provide a step down zoning
category. The Board needs to decide wether, given the unique
"Stipulation of Settlement" on ,this property the' 4.98 unit
potential for this property should to be rounded up to 5 units
or wether the rezoning should stand on its own merit, not bound
by an agreement with a previous owner; thereby, allowing a
maximum of 4 units pursuant to Section 4.3.4(I)~). As a single
family development is currently proposed a density difference
between 4 and 5 units may not be an ,issue with the current owner.
ALTERNATIVES:
A. Continue with direction.
1"1
."
I
P&Z Staff Report
Rezoning of the Rubin Property
Page 7
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter 3
[Performance Standard 3.3.2 (D), (Future Land Use Map)), in
that. the existing zoning district of RM is more consistent
with the Future Land Use Map and that the density limit of 5
units maximum should be enforced thru the "Stipulation of
Settlement".
c. Reconunend approval of the rezoning request based upon
posi~ive 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 rezoning request based upon positive
findings with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations, Policies of the Comprehensive Plan,
and Section 2.4.5(D)(5) and with the recommendation that given
the maximum density of 4.98 and existence of the "Stipulation of
Settlement" for 5 units that a maximum density of 5 units be
allowed.
/
pO/t39/RUBIN.TXT
zl"# ~
.
, Gpf/
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI'l'Y MANAGER~
SUBJECT: AGENDA ITEM # toE.- - MEETING OF JULY 23, 1991
ORDINANCE NO. 50-91
DATE: July 18, 1991
This is a second reading of an Ordinance amending the Code of
Ordinances to provide for a County Court Citation Fine Class Schedule.
At your May 28th meeting the Commission approved the administrative
procedures and the fine schedule. This ordinance provides for the
actual implementation of the County Court Citation process for
violations of the City's Code.
The fine schedule is explained in detail in the ordinance. Briefly,
fines will range from $50 for a Class I fine to $250 for a Class IV
fine.
Recommend approval of Ordinance No. 50-91 on second and final reading.
,
.
..
-......---.----. . ---. --, .'. '. -. . .-- ---...-- -.----- --.---.------.,----
---------_._---_._----~ -----------~----_._-
---- ,-' -----. --.- ------.----..-- _.._--~---_._.,-_._-~---
ORDINANCE NO. 50-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINI-
STRATION", CHAPTER 37, "DELRAY BEACH CODE
ENFORCEMENT" , SECTION 37.45, "SUPPLEMENTAL CODE
ENFORCEMENT PROCEDURES", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING
SUBSECTION 37.45(G) AND ENACTING ANEW SUBSECTION
37.45(G) TO PROVIDE FOR COUNTY COURT CITATION FINE
CLASS SCHEDULE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, "Administration", Chapter 37,
"Delray Beach Code Enforcement", Section 37.45, "Supplemental code
Enforcement Procedures", Subsection 37.45(G) of the Code of Ordinances
of the City of Delray Beach, Florida, is hereby repealed and, a new
Subsection 37.45(G) is enacted to read as follows:
(G) The classes and schedule of fines shall be as follows:
(1 ) Class I - $50.00 fine shall be assessed for
(a) all violations not specifically enumerated in other
fine classes, and
(b) violations of Chapter 91, "Animals", excluding sea
turtle provisions.
( 2) Class II - $75.00 fine shall be assessed for
(a) repeat violations of Class I violations,
(b) violations of the Land Development Regulations of
the City of Delray Beach,
(c) violations of Chapter 90, "Abandoned Property",
(d) violations of Chapter 98, "Litter",
(e) violations of Chapter 99, "Noise",
( f) violations of Chapter 131, "Offenses Against
Property".
(3 ) Class III - $125.00 fine shall be assessed for
(a) repeat violations of Class II violations,
(b) violations of Chapter 91 regarding sea turtles,
(c) violations of Chapter 96, "Fire Prevention and
Fireworks",
(d) violations of Chapter 97, "Health and Safety", and
(e) violations of Chapter 101, "Parks, Beaches,
Recreation".
( 4) Class IV - $250.00 fine shall be assessed for
(a) repeat violations of Class III violations,
(b) violations of Section 51. 02 , "Dumping on Property
OWned by Others Prohibited",
te) violations of Section 51.20, "Industrial and
Hazardous Waste Disposal",
(d) violations of Section 51. 57 , "Contagious Disease
Refuse and Hypodermic Needles",
(e) violations of Section 51. 59 , "Offensive Deposits;
Burying and Depositing in Waterways", and
,
.
, .
~- --'.- ~-_._,_.- _."------.__._~~_._--------------_. --~--------.- --,
_._~-----
(f) violations of Chapter 54, "Sewers Pertaining to
Discharges into Sanitary Sewer System".
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such deci -
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1991.
MAYOR
ATTEST:
city Clerk
First Reading July 9, 1991
Second Reading
.
2 ORD. NO. 50-91
. -
\
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERti71
SUBJECT: AGENDA ITEM # 1;;L ^ - MEETING OF JULY 9 , 1991
ORDINANCE NO. 50-91
DATE: July 3, 1991
This is a first reading of an Ordinance amending the Code of
Ordinances to provide for a County Court Citation Fine Class Schedule.
At your May 28th meeting the Commission approved the administrative
procedures and the proposed fine schedule for the City's participation
in the County Court Citations (Notice to Appear) Program for specific
code enforcment violations. This ordinance provides for the actual
levying of fines under the County Court Citation process.
The fine schedule is explained in detail in the attached backup
material. Briefly, fines will range from $50 for a Class I fine to
$250 for a Class IV fine.
Reco~mend approval of Ordinance No. 50-91 on first reading.
f(1J)lJl1i I Sf' /!uu1- 7/9/9/ - .5-0
pJj:::- ?/aa!91
.""
-
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 310S.E,lstSTREET,SUITE4. DELRAY BEACH,FLORIDA 334RJ
407/243-7090 . TELECOPIER 407/278-4755
Hm-10RANDUM
DATE: June L8, 1991
'1'0: ci ty Conunission
FHOM: David N. Tolces, Assistant City Attorney
SUBJECT: County Court Ci tationsjN'I'AjCode Enforcement
Administrative Procedures
This proposed ordinance amends that portion of the code
pen:.aining to county court citations to allow for a fine
schedule to be implemented. Previously, at your May 28, 1991
meeting, the Commission approved the administrative procedures
and this fine schedule. 'l'his ordinance will allow for the
actual inlplementation of the county court citation process for
violations of the City's code.
DNT: sh
Attachment
cc: David Harden, City Manager
'-
--~---~--- .--
_____n__ __~_.
ORDINANCE NO. 50-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINI-
STRATION", CHAPTER 37, "DELRAY BEACH CODE
ENFORCEMENT", SECTION 37.45, "SUPPLEMENTAL CODE
ENFORCEMENT PROCEDURES", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING
SUBSECTION 37.45(G) AND ENACTING A NEW SUBSECTION
37.45(G) TO PROVIDE FOR COUNTY COURT CITATION FINE
CLASS SCHEDULE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, "Administration", Chapter 37,
"Delray Beach Code Enforcement", Section 37.45, "Supplemental code
Enforcement Procedures", Subsection 37.45(G) of the Code of Ordinances
of the City of Delray Beach, Florida, is hereby repealed and a new
Subsection 37.45(G) is enacted to read as follows:
(G) The classes and schedule of fines shall be as follows:
(1 ) Class I - $50.00 fine shall be assessed for
(a) all violations not specifically enumerated in other
fine classes, and
(b) violations of Chapter 91, "Animals", excluding Sf
turtle provisions.
(2 ) Class II - $75.00 fine shall be assessed for
(a) repeat violations of Class I violations,
(b) violations of the Land Development Regulations of
the City of Delray Beach,
( c) violations of Chapter 90, "Abandoned Property",
(d) violations of Chapter 98, "Litter",
(e) violations of Chapter 99, "Noise",
( f) violations of Chapter 131 , "Offenses Against
Property".
( 3) Class III - $125.00 fine shall be assessed for
(a) repeat violations of Class II violations,
(b) violations of Chapter 91 regarding sea turtles,
(c) violations of Chapter 96, "Fire Prevention and
Fireworks",
(d) violations of Chapter 97, "Health and Safety", and
(e) violations of Chapter 101, "Parks, Beaches,
Recreation".
( 4) Class IV - $250.00 fine shall be assessed for
(a) repeat violations of Class III violations,
(b) violations of Section 51.02, "Dumping on Property
OWned by Others Prohibited",
(c) violations of Section 51. 20, "Industrial and
Hazardous Waste Disposal",
(d) violations of Section 51. 57 , "Contagious Disease
Refuse and Hypodermic Needles",
(e) violations of Section 51. 59, "Offensive Deposit:
Burying and Depositing in Waterways", and
,
-,
.
-- . -~ _.._-~-_.._-
_n.__ -~._---- -~._-_._- ------ ------- --
(f) violations of Chapter 54, "Sewers Pertaining to
Discharges into Sanitary Sewer System".
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
.
2 ORD. NO. 50-91
PCu~LcC- 5-0
Ad u seTl SE.. Fe e.. PH/d()D
on '8'1'3/9/
M E M 0 RAN DUM
TO: MAYOR AND CITy COMMISSIONERS
FROM: CITY MANAGERPrJ
SUBJECT: AGENDA ITEM # I ~ A - MEETING OF JULY 23, 1991
ORDINANCE NO. 51-91 (UNIFORM SEWER CONNECTION TIME
REQUIREMENTS)
DATE: JULY 18, 1991
This is first reading of an ordinance which amends both the Land
Development Regulations and the Code of Ordinances to provide
that the owner, tenant or occupant of each lot or parcel of land
within the City, upon which a building is constructed and which
abuts on or is within 200 feet of any street or other public way
containing a sanitary sewer, shall connect that building with the
sanitary sewer within ninety (90) days after the sanitary sewer
is available.
This ordinance clears up a conflict in the amount of time an
owner, tenant or occupant is given to connect to the sanitary
sewer system once it is available for use. One section of the
code requires connection within ninety days, while another
section requires connection within sixty (60) days. The LDRs
require connection within sixty (60) days. In order to give the
property owner/customer adequate time to connect, this ordinance
provides for a ninety (90) day time period in all circumstances.
Recommend approval of Ordinance No. 51-91 on first reading.
I' 1-:
.
$(~ iF ~~; " .~
~ ':;~,,: ~ :I~
:~ .1 -,. ,
.~ .i~ :-';.5 '~:~~
Writer's Direct Line
(407) 243-7090
MEMORANDUM
DATE: July 8, 1991
TO: City Commission Assistant City Attorne-:;:f-
FROM: David N. Tolces,
SUB,JECT: Uniform Sewer Conn~ction Time Requirements
This ordinance amends both the City's Code of Ordinances and
the Land Development Regulations to clear up a conflict in the
amount of time an owner, tenant, or occupant of a lot or parcel
is given to connect t:o the sanitary sewer system once it is
available for use. Section 53.011 requires hook-up to the
sani tary sewer system within 90 days of official notice.
Section 54.16 requires hook-up within 60 days, and Section
6.1.11(P.) requires hook-up within 60 days. In order to give
the property owner/customer adequate time to hook up, this
ordinance will provide for a 90 day time period in all
circumstances.
DNT: sh
Attachment
cc: David Harden, City Manager
()RDINANCE NO. 5l-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 6, "INFRA-
STRUCTURE AND PUBLIC PROPERTY", SECTION 6.1.11,
"SEWER SYSTEM", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, AND TITLE 5, "PUBLIC WORKS", CHAPTER 54,
"SEWERS", SECTION 54.16, "CONNECTION WITH SANITARY
SEWER UPON AVAILABILITY", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY ALLOWING
FOR 90 'DAYS TO CONNECT TO THE SANITARY SEWER SYSTEM;
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 Chapter 6, "Infrastructure and Public
Property", Article 6.1, "Design Standards and Requirements", Section
6.1.11, "Sewer system", of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 6.1.11 Sewer System:
(A) Required: Sanitary sewers, properly connected with the
City sewerage system shall be provided. In addition to mains,
laterals shall be installed to each platted lot and stubbed off at
the property line for future connection. (Where sanitary sewerage
systems are not reasonably accessible, individual septic tanks may
be used following County Health Department requirements. In such
cases, sewer lines shall be laid and capped until connection to a
public system becomes feasible and mandatory.)
Except as ;~ovided for in Subsection 6.l.llIC), it shall be unlaw-
ful to construct or maintain any privy, privy vault, septic tank,
cesspool, or other facility intended or used for the disposal of
sewage.
The owners of all houses, buildings, or properties used for human
occupancy, employment, recreation, or other purposes situated
within the City and abutting on any street, alley, or right-of-way
in which there is now located or may in the future be located a
public sanitary sewer of the City are required, at their expense,
to install suitable toilet facilities therein, and to connect those
facilities directly with the proper public' sewer, in accordance
with the provisions of this chapter, within 90 days after date of
official notice to do so, provided that the public sewer is within
200 feet of the property line.
It shall be unlawful for any person to construct, install, or
repair septic tanks or other similar sewage disposal systems in or
upon any property within any area described in the following
paragraph.
The owner, tenant, or occupant of each lot or parcel of land within
the City which abuts on or is within 200' of any street or other
public way containing a sanitary sewer, which is served or which
can be served by the sewerage system and upon which lot or parcel a
building has been constructed for residential, commercial, or
industrial use shall connect that building with the sanitary sewer
within 69 90 days after the sanitary sewer is available to that
I
building for use, and shall cease to use any other method for the
disposal of sewage waste, or other pOlluting matter.
Section 2. That Title 5, "Public Works", Chapter 54,
"Sewers" , Section 54.016, "Connection With Sanitary Sewer Upon
Availability", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Sec. 54.16 CONNECTION WITH SANITARY SEWER UPON AVAILABILITY
That the owner, tenant, or occupant of each lot or parcel of
land within the city which abuts on or is within 200 feet of any
street or other public way containing a sanitary sewer, which is
served or which can be served by the sewerage system and upon which
lot or parcel a building has been constructed for residential,
commercial, or industrial use shall connect that building with the
sanitary sewer within 69 9~ days after the sanitary sewer main is
available to that building for use, and shall cease to use any
other method for the disposal oz sewage, sewage waste, or other
polluting matter.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such deci -
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND lillOPTED in regular session on second and final
reading on thi~_ the _ day of, , 1991.
"--
MAYOR
p.TTEST:
City Clerk
First: Reading
Second Reading
2 ORD. NO. 51-91
;"U