09-24-91 Regular
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - SEPTEMBER 24, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, comments by the public, Commission discussion
and official action. City Commission meetings are business meetings
and as such, the Commission retains the right to limit discussion on
any issue. In most cases remarks by an individual will be limited to
three minutes or less (10 minutes for group presentations). The Mayor
or presiding officer may adjust the amount of time allocated at
his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you come up to
the podium to make your comments, kindly complete the sign-in sheet
if you have not already done so.
3 . ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred from speaking further to the Commission
by the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
Agenda
Meeting of 9/24/91
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
0\<< JioTE- '. Peioe.. ~ QON\m.~c.E:fnen+ (j~ thE.. ma.J.i11j J +LL owth o~ ofrIiu- will bE.. Adminis+EeEcI
~ 71. Roll Call. +0 inCPN'\~ POUCE.. Chie.f 'Kic.h4eD G. Ove.emIU1.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
s. Approval of Regular Meeting minutes of September 10, 1991 and
Special Meeting Minutes of September 17, 1991-
6. Proclamations:
A. Breast Cancer Awareness Month - October 1991.
7 . Presentations:
A. Plaque to Dan Burns in appreciation of his civic
contributions.
8. Consent Agenda: City Manager recommends approval.
A. CONTRACT EXTENSION - DEPARTMENTAL MEDICAL DIRECTOR: Approve
the extension of contract, until December 3l, 1991, for Dr. Joseph
Yates as Departmental Medical Director for the Fire Department.
This is a limited extension until we have the results of a request
for proposals.
B. CONTRACT APPROVAL/ACCEPTANCE OF GRANT FUNDING - AFTERSCHOOL
PROGRAM: Approve the contract with the Children's Services Council
for administration of the Afterschool Programs at Carver Middle
School, Pompey Park and the Community Center and accept grant
funding in the approximate amount of $l71,000.
C. CONTRACT RENEWAL- AFTERSCHOOL PROGRAM COORDINATOR: Approve
~ contract renewal for Carolyn Parker from October 1, 1991 to
~ ~,September 30, 1992 as Program Coordinator for the Afterschool
~ (fcasi&-i-j ~Pf1ctf-1o Empbtmflrf A,~UlE/fr)
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Agenda
Meeting of 9/24/91
Programs at Carver Middle School, Pompey Park and the Community
Center.
D. LEGISLATIVE LOBBYIST CONTRACT: Consider a one year contract,
from October 1, 1991 through September 30, 1992, in the amount of
$48,000, plus $6,000 for reimbursable out-of-pocket expenses, for
legislative lobbying services from Kathleen Daley and Associates.
E. EXTENSION OF BANKING SERVICES AGREEMENT: Approve the one year
extension of the Banking Service Agreement with Barnett Bank for
basic and lockbox services.
F. AGREEMENT WITH PALM BEACH COUNTY SCHOOL BOARD FOR EMERGENCY
MEDICAL TECHNOLOGY EDUCATION: Approve the agreement between the
City and Palm Beach County School Board for Emergency Medical
Technology Education services.
~ CONTRACT EXTENSION/BEAUTIFICATION MAINTENANCE: Approve a one
ear extension of the contract with Tony Scott Complete Lawn
Maintenance for maintenance service for the I-95 Interchanges at
Linton Boulevard and Atlantic Avenue, and medians along Linton
Boulevard from 1-95 to A-1-A in the amount of $38,175 with funding
from Beautification Trust (Account No. l19-4144-572-33.49).
v/H. AMENDMENT TO THE CONTRACT WITH DUBIN AND ASSOCIATES: Approve
an amendment to the contract with Dubin and Associates which
provides for the management of the golf course restaurant. There
are no fees associated with this amendment.
vI. SERVICE AUTHORIZATION NO. 8/0'BRIEN, SUITER AND O'BRIEN:
Approve Service Authorization No. 8 to the contract with O'Brien,
Suiter and O'Brien for surveying services to provide vertical and
horizontal alignments on N.E. 8th Street, N.E. 3rd Avenue and Dixie
Boulevard in the amount of $1,800 with funding from General
Construction Fund - Traffic Intersections (Account No.
334-3l4l-541-60.62).
J. MODIFICATION OF CONTRACT WITH PEROXIDATION SYSTEMS, INC.
Approve the modification to the contract between the City and
Peroxidation Systems, Inc. and extend the contract for a one year
period at a cost not to exceed $160,000.
K. PROPOSED CONTRACT MODIFICATION/WATER TREATMENT PLANT LIME
SOFTENING CONVERSION PROJECT: Approve a proposed contract
modification for the Water Treatment Plant Lime Softening
Conversion project which would provide for liquidated damages of
$500 for delay of the project beyond the contracted date; and, a
reward clause which would provide for payment to the contractor of
$500 per day for early completion with a cap of $30,000.
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Agenda
Meeting of 9/24/91
L. AUTHORIZATION TO FILE AMICUS CURIAE BRIEF: Authorize the City
Attorney's office to enter an Amicus Curiae Brief in the Dimmit
Chevrolet v. Southeast Fidelity Insurance Corp. litigation.
M. REJECTION OF OFFER OF JUDGMENT: Reject an offer of judgment in
the City of Delray Beach v. United States Fidelity and Guaranty
Company.
N. AUTHORIZATION TO EXECUTE AGREEMENT: Authorize the execution of
an agreement with the City of Boynton Beach for the joint
landscaping of Gulfstream Boulevard.
O. AUTHORIZATION TO EXECUTE AGREEMENT: Authorize the execution of
an amendment to the UDAG grant agreement for Auburn Trace.
P. WATER SERVICE AGREEMENT: Approve a modified water service
agreement for a property located at 14838 Whatley Road (Country
Club Acres subdivision).
Q. OUTSIDE LEGAL FEES: Approve a budget transfer in the amount of
$7,000 to cover the cost of additional outside legal consulting
fees.
~
~ REQUEST TO ERECT A TEMPORARY TENT: Approve a request from
opic Plant Sales to erect a temporary tent on an out parcel at
the Delray Town Center Mall from September 27, 1991 to October 13,
1991 for the purpose of selling plants and flowers.
S. RESOLUTION NO. 69-91: A resolution vacating and abandoning
the north two feet of a six foot utility easement located on the
south side of Lot 9, Block 1, Lake Ida Shores 1st Addition.
T. RESOLUTION NO. 73-91: A resolution recognizing Florida City
Government Week - October 7 through 11, 1991.
U. RESOLUTION NO. 74-91: A resolution assessing costs for
abatement action required to board up an unsafe structure at
710 Bond Way.
V. AWARD OF BIDS AND CONTRACTS:
1. Chemicals' and Fertilizers- Annual Contract- Various Bidders
in the estimated amount of $101,600 with funding from various
department's Gardening Supplies (33.54).
2. Software/hardware - Environmental Services - Nynex Computer
Inc. in the amount of $11,868 with funding from Water and Sewer
Computer Software/hardware (Account No. 442-5178-536-64.09).
Account balance $29,218.73.
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Agenda
Meeting of 9/24/91
3. Hydrofluosilicic Acid - Environmental Services - Jones
Chemical Inc. in an estimated annual amount of $14,000 with
funding from Water and Sewer Fund/Water Treatment and Storage
Chemical (Account No. 441-5122-536-35.18).
4. Riding Mower - Golf Course - Hector Turf in the amount of
$l2,615.78 with funding from Golf Course Equipment Other
(Account 445-476l-572-60.89. Account balance FY 91/92 $15,000.
5. Software - Envfrhh~~ntal Services - Hansen Software Inc. in
the amount of $.~ with funding from Water and Sewer
Computer Software/Hardware (Account No. 442-5178-536-64.09).
Account balance $27,350.
6 . Coffin Lifting Device - Cemetery - Clark Development Corp.
in the amount of $11,299 with funding from Cemetery Fund
Capital Outlay Equipment Other (Account No.
428-4511-539.60.89). Account balance $11,300.
7 . Computer Equipment - Planning and Zoning Department - Caber
Systems, Inc. in the amount of $18,296 with funding from
Planning and Zoning Capital Outlay Office Equipment (Account
No. 001-2511-515-60.86).
8. Pipe Fittings and Accessories - Annual contract - Multiple
vendors in an estimated annual amount of $84,000 with funding
from Water and Sewer (Account No. 441-5141-536-35.15/$40,000),
(Account No. 441-5123-536-33.38/$24,000), and (Account No.
441-5123-536-35.15/$20,000).
W. REQUEST TO HOLD PUMPKIN AND CHRISTMAS TREE SALES: Approve a
request from the Sunrise Kiwanis to hold a pumpkin sale from
October 17, 1991 through October 31, 1991 and a Christmas tree sale
from November 23, 1991 through December 24, 1991 on the southwest
corner of S.E. 10th Street and S.E. 5th Avenue.
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 September
10 through September 23, 1991-
B. REQUEST FOR TEMPORARY CERTIFICATE OF OCCUPANCY: Consider a
request for early occupancy of the service kitchen and use of the
"Cafe/Restaurant/Garden Party" portion of the Sundy House
development located on the southwest corner of Swinton Avenue and
S. W. 1st Street. No staff recommendation.
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Agenda
Meeting of 9/24/91
C. WAIVER OF LANDSCAPE REQUIREMENTS/DELRAY LINCOLN MERCURY:
Approve a request for waiver of the perimeter landscape
requirements relating to abutting properties, internal landscape
islands, and number of perimeter and internal trees for Delray
Lincoln Mercury. City Manager recommends approval.
D. LANDSCAPE AGREEMENT/DELRAY LINCOLN MERCURY: Approve a
landscape agreement with Delray Lincoln Mercury which provides for
the installation of the required landscape strip along Federal
Highway, upon the widening of Federal Highway. City Manager
recommends approval.
E. AUTHORIZATION TO ACQUIRE PROPERTY/FIRE STATION NO. 5:
Authorize staff to negotiate for property necessary to construct
Fire Station No. 5. City Manager recommends approval.
."
F. AUTHORIZATION TO ENTER INTO A LEASE AGREEMENT/FIRE STATION NO. APP~
~ Authorize staff to execute a lease agreement for property ~
necessary to establish a temporary fire facility on Linton ~
Boulevard and Military Trail. City Manager recommends approval.
G. ADDENDUM TO AMENDMENT NO. 3/MAUSOLEUM SALES AND DEVELOPMENT
AGREEMENT: Approve an addendum to Amendment No. 3 to the
Mausoleum Sales and Development Agreement with Prearrangements of
Delray, Inc. increasing the loan amount from the City by $4,800 to
$52,800 for the construction of the mausoleum. City Manager
recommends approval.
H. BEACH CLEANING CONTRACT: Consider a three year, renewable,
contract with Universal Beach Service, Corp. for beach cleaning
services in the amount of $62,000. Funding is available in
Contractual Beach Cleaning (Account No. 001-4123-572-33.89).
I. CHANGE ORDER NO. l/A.O.B. UNDERGROUND, INC. : Approve Change
Order No. 1 to the contract with A.O.B. Underground, Inc. in the
amount of $18,450 to install six additional fire hydrants (one on
Germantown Road, four along A-I-A, and one at Tropic Boulevard)
with funding from Water and Sewer Capital Outlay Equipment Other
(Account No. 441-5161-536-60.59). City Manager recommends
approval.
J. AUTHORIZATION TO USE POMPEY PARK FACILITY: Consider a request
to use the facilities at Pompey Park for Community Boxing
activities sponsored by the Noontime Kiwanis and the U.S. Amateur
Boxing Federation.
K. RESOLUTION NO. 72-91: A resolution requesting the Congress
enact legislation which would return regulation of cable television
to local government and repealing the cross-ownership bans
prohibiting local telephone companies from competing in cable.
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Agenda
Meeting of 9/24/91
L. STATUS REPORT/ORDINANCE NO. 54-91: The City Attorney's Office
and Planning Staff will provide the status of the revisions to
Ordinance No. 54-91.
M. APPOINTMENT OF A MEMBER TO THE EDUCATION BOARD: Appoint a
member to fill the unexpired term of Beth Mulholland. Seat 2
appointment. .$ d<6/ ceo
N. $SrrLf-mt()"I OFFE.e-/-n::-IPP
10. Public Hearings:
A. RESOLUTION NO. 70-91: A Resolution to levy a tax on all
properties within the City of Delray Beach. City Manager
recommends approval.
B. RESOLUTION NO. 71-91: A Resolution making appropriations of
sums of money for all necessary expenditures of the City from
October 1, 1991 to September 30, 1992. City Manager recommends
approval.
1. STAFF REPORT RE. BUDGET COMPLIANCE WITH COMPREHENSIVE
PLAN/CAPITAL IMPROVEMENT ELEMENT: P-llHUl..Ln g _Rd ZOfliR~ Doara
r1iiLcommp-nd !=: ap~ro\1""l (h-l VOt.9) subject to compliaT)(""~ "with
~~~~lS Report. -
C. ORDINANCE NO. 58-91: An Ordinance correcting the zoning
classification for a parcel of land located on the south side of
Atlantic Avenue between Military Trail and the E 3 1/2 - 3 Lake
Worth Drainage District Canal (Hamlet Subdivision) from R-1-AA
(Single Family Residential) to R-1-A (Single Family Residential)
and correcting the Official Zoning Map. Planning and Zoning
Director recommends approval.
D. ORDINANCE NO. 61-91: An Ordinance correcting the zoning
classification for a parcel of land located on the west side of
Federal Highway at 10th Street (Wallace) from GC (General
Commercial) to AC (Automotive Commercial) and correcting the
Official Zoning Map. Planning and Zoning Director recommends
denial.
A' ORDINANCE NO. 62-91: An Ordinance correcting the zoning
classification for property located east of and adjacent to
Interstate 95 and north of S.W. 6th Street (Surles) from OS (Open
Space) to R-1A (Single Family Residential) zone district and
correcting the Official Zoning Map. Planning and Zoning Director
recommends approval.
F. ORDINANCE NO. 63-91: An Ordinance rezoning the golf course
property located within the Del Aire Golf Course subdivision from
R-lAA (Single Family Residential) to OS (Open Space) zone district.
Planning and Zoning Board recommends approval.
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Agenda
Meeting of 9/24/91
G. ORDINANCE NO. 64-91: An Ordinance correcting an error
contained within Section 2.4.7 (F)(2), of the Land Development
Regulations, and extending the period of time during which the
Special Adjustment Advisory Board may recommend correcting errors
within the LDRs. City Manager recommends approval.
H. ORDINANCE NO. 65-91 : An Ordinance amending the Chapter 117
of the Code of Ordinances to increase the fee charged for a
landlord permit from $11. 50 to $13 per unit. City Manager
recommends approval.
1. ORDINANCE NO. 66-91: An Ordinance changing the rates for
residential and commercial garbage and trash services; and changing
the rates for residential recycling services. City Manager
recommends approval.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
~A. ORDINANCE NO. 68-91: An ordinance adopting Comprehensive Plan
Amendment 91-1. Planning and Zoning Board recommends approval. If
passed public hearing October 8th.
j B. ORDINANCE NO. 69-91: An Ordinance rezoning property located
on the east side of 1-95 between Audubon Boulevard, if extended
west and the C-15 Canal, known as the 1-95 Conservation Parcel from
RR (Rural Residential) zone district to OS (Open Space) zone
district. Planning and Zoning Board recommends approval. If
approved public hearing October 8th.
vlc. ORDINANCE NO. 70-91: An Ordinance rezoning property located on
the east side of N.E. 8th Avenue, approximately 150 feet north of
N.E. 8th Street, known as the Gwynn property from RM (Medium
Density Residential) zone district to RO (Residential Office) zone
district. The Planning and Zoning Board recommended denial. If
approved public hearing October 8th.
~ D. ORDINANCE NO. 71-91: An Ordinance rezoning property located on
the north side of Linton Boulevard, approximately 630 feet east of
Military Trail, between Shadywood Subdivision and Delray Town
Center Phase II:" from PC-S (Planned Commercial Specialized) zone
district to PC (Planned Commercial) zone district in part and OS
(Open Space) zone district in part) . Planning and Zoning Board
recommends approval. If approved public hearing October 8th.
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Agenda
Meeting of 9/24/91
E. ORDINANCE NO. 72-91: An. Ordinance amending the Five Year R0LEP
Schedule of Capital Improvements, Table IV-3 of the Comprehensive {.{
Plan. Planning and Zoning Director recommends approval. If passed
public hearing October 8th.
F. ORDINANCE NO. 73-91: An Ordinance rezoning property located
on the southeast corner of Linton Boulevard and S.W. 4th Avenue
(D.B.O. Acres Plat) from PC (Planned Commercial) zone district to
GC (General Commercial) zone district in part and AC (Automotive
Commercial) zone district in part. Planning and Zoning Board
recommends denial (5-2 vote) . If passed public hearing October
8th.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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UI~
[ITV DF DELRRY HEREM
100 "l'/V 'Sl A\/="'d...iE .J=..RAY 3 E,,),C i-I. =LORIQA 33444 ';:)7 24': '.:;':'J
I
PROCL.UIA TlON
WHEREAS, October has been designated as Breast Cancer
Awareness Month and the American Cancer Society has been educating
women and their families about the importance of early detectio~ of
breast cancer; and,
WHEREAS, one out of nine women will develop breast
cancer in her lifetime; and,
WHEREAS, in Florida 10,500 women will be diagnosed with
breast cancer and 2,700 will die from the disease in 1991; and,
WHEREAS, breast cancer mortality could be reduced by 30\
if women would follow the American Cancer Society's recommended
three step breast cancer screening guidelines:
1
i Schedule regular mammograms, initial screen.ing age 35 to
i 40, one every year or two to age 49, and every year
I after 50
! Practice monthly breast self-examination
See a physician annually for regular breast examinations
and,
WHEREAS, mammography enables physicians to diagnose
breast cancer in its earliest stage when it has a 91\ survival
rate,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, in recognition of the important, life-saving
early detection practices available for breast cancer, do hereby
proclaim October, 1991, as
"BREAST CANCER AWARENESS MONTH"
I
i in the City of Delray Beach and in doing so, urge all Delray Beach
women to become aware that they are at risk, and to discuss a
screening program with their physicians. I urge all other citizens
to encourage a women they love to do so.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 24th day of September, 1991.
MAY 0 R
THOMAS E. LYNCH
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[?v1
SUBJECT: AGENDA ITEM # tI.J'. - MEETING OF SEPTEMBER 24, 1991
CONTRACT EXTENSION - DEPARTMENTAL MEDICAL DIRECTOR
DATE: September 20, 1991
This item is before you to approve the extension of contract with Dr.
Joseph R. Yates, the Medical Director for the Fire Department. This is
a temporary extension which expires on December 31, 1991. We will be
soliciting requests for proposals for the service provided by Dr.
Yates, and expect to have the results of such by that time.
Approve the extension of contract until December 31, 1991, with Dr.
Joseph Yates as Departmental Medical Director for the Fire Department.
~ ~ ~
9/d~/9J
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AGREEMENT
THIS AGREEMENT made and entered into as of the date
last written below, by and between the City of Delray Beach, a
Florida municipality, located in Palm Beach County (hereinafter,
referred to as "CITY") and Joseph R. Yates, M.D., a Florida
licensed physician (hereinafter referred to as "MEDICAL
DIRECTOR") ,
WHEREAS, the City desires to employ a MEDICAL DIRECTOR
for the advanced life support services provided by the Fire and
Emergency Medical Services Department of the City, and other
administrative purposes and functions; and
WHEREAS, the MEDICAL DIRECTOR desires to be employed by
the CITY as an independent contractor to supervise and accept
responsibility for the medical performance of Emergency Medical
Technicians (EMT's) and Paramedics functioning for the Emergency
Medical Services system of the Fire and Emergency Medical
Services Department of the CITY, under the provisions of Chapter
401, Florida Statutes.
NOW THEREFORE, in consideration of the mutual promises
and benefits as set forth herein, the CITY and the MEDICAL
DIRECTOR agree as follows:
I. The MEDICAL DIRECTOR agrees to both directly and
indirectly supervise and accept responsibility for the medical
performance of Emergency Medical Technicians and Paramedics
functioning for the Emergency Medical Services System of the Fire
and Emergency Medical Services Department of the CITY. Such
supervision shall be accomplished by, though not limited to:
a. Actual accompaniment of Paramedics on rescue
calls,
b. Monitoring of radio transmissions to emergency
facilities,
c. Review of rescue run documents, and
d. Conference and/or meetings in both individual and
group situations.
Medical Director Agreement Page 2
These duties will be performed periodically by the MEDICAL
DIRECTOR at his/her convenience as often as is necessary to
insure that proper medical standards and procedures are being
followed. The MEDICAL DIRECTOR shall provide the Fire Chief.
written reports at least quarterly regarding efficiency and
effectiveness and general performance of the Emergency Medical
Services System.
II. The MEDICAL DIRECTOR shall be responsible directly
to the Fire Chief of the CITY; provided, however, that nothing
herein shall in any way authorize any limitation or restrictions
by the CITY or the Fire Chief on the professional acts and advice
of the MEDICAL DIRECTOR. It is recognized that the MEDICAL
DIRECTOR is otherwise fully employed as a practicing physician,
and nothing herein shall limit or otherwise restrict the MEDICAL
DIRECTOR'S right to continue such employment and practice,
consistent with this agreement.
III. The MEDICAL DIRECTOR shall perform all services
required of him pursuant to Chapter 401, Florida Statutes, and
the applicable rules of any governmental agency implementing said
Chapter or other established duties required to be performed by
said MEDICAL DIRECTOR, or upon notice from the CITY that such
additional duties have been established by the Florida Department
of Health and Rehabilitative Services.
IV. The MEDICAL DIRECTOR shall be directly responsible
for the medical performance of Emergency Medical Technicians and
Paramedics functioning for the Fire and Emergency Medical
Services Department of the CITY and shall have full authority to
direct and supervise their medical activities. The MEDICAL
DIRECTOR shall give necessary instructions to and interview and
consult with EMT's and Paramedics and supervise and arrange such
in-service instructional sessions, or promulgate such rules and
directives, as may be necessary to assure that all medical
services performed by EMT's and Paramedics are in accordance with
proper medical standards and procedures. In addition, the
MEDICAL DIRECTOR shall participate in quarterly general paramedic
staff meetings at a time and date mutually agreeable with the
MEDICAL DIRECTOR and the Fire and Emergency Medical Services
Department; provide at least four hours of didactic lecture
material each quarter; review and comment on content and emphasis
on all elements of in-service training and testing procedures;
and shall initiate a review of all protocols at least every six
months to determine their applicability and appropriateness with
respect to currently accepted emergency procedures. Recommended
revisions of said protocols shall be furnished to the Fire Chief.
,..
Medical Director Agreement Page 3
V. The MEDICAL DIRECTOR will:
a. Assure the continuous availability of at
least one responsible physician, to be designated as an Assistant
Medical Director while performing the duties required of the
Medical Director, and determine the qualifications necessary for
said physician to provide responsible supervision of the
Paramedics and EMT's. In addition, the MEDICAL DIRECTOR will
notify the Delray Beach Fire and Emergency Medical Services
Department whenever he/she will be unavailable for whatever
reason, and will attempt to provide 24 hour prior notification of
such unavailability except under emergency circumstances. Such
notification shall be given to the Office of the Fire Chief.
b. Provide liaison services as required and
requested between the Fire and Emergency Medical Services
Department of the CITY, and other departments, divisions, boards
and bodies of the CITY, any educational, governmental, or medical
agency or institution relating to the provision of Emergency
Medical Services.
c. Retain the ultimate authority to permit or
deny any Paramedic or EMT the utilization of advanced life
support techniques, basic life support, patient assessment, or
patient stabilization procedures. Upon request, the MEDICAL
DIRECTOR shall advise the Fire Chief on disciplinary
recommendations related to medical care.
d. Upon request, participate in the design and
structure of selection procedures for entry level personnel.
e. Upon request, consult with the Fire Chief
regarding promotional testing criteria for incumbent personnel.
f. Upon request, advise the department on an
appropriate manner in which to address incidents in which an
employee of the Fire and Emergency Services Department, has been,
or may have been, exposed to infectious diseases or hazardous
materials.
g. Upon request, maintain data regarding the
statue of employees who have been, or may have been, exposed to
infectious diseases or hazardous materials.
""I
Medical Director Agreement Page 4
VI. Because the MEDICAL DIRECTOR may be sUbjecting
himself to the risk of certain liabilities by entering into this
agreement, the CITY will obtain and pay the annual premium on a
medical malpractice insurance policy insuring the MEDICAL
DIRECTOR against liability arising out of negligent acts or
omissions of the MEDICAL DIRECTOR in the performance of his
duties as MEDICAL DIRECTOR during the term of this Agreement. If
this insurance policy provides coverage on a "claims made" basis,
the CITY shall continue to provide and pay the premium on this
policy for a coverage period ending not less than four (4) years
following termination of employment of the MEDICAL DIRECTOR. The
provisions of this paragraph shall survive termination of this
Agreement, regardless of whether termination is by the MEDICAL
DIRECTOR or by the CITY, or by expiration of the term of this
Agreement, until four (4) years after termination.
VII. The MEDICAL DIRECTOR shall be paid the sum of
sixteen Hundred-Fifty Dollars ($1,650.00) per month, for each
calendar month during the term of this Agreement; provided, that
if the annual budget as adopted by the City commission of Delray
Beach for any fiscal year of the CITY fails to provide sufficient
funds to pay the MEDICAL DIRECTOR as provided herein, this
Agreement shall be deemed terminated immediately upon the
adoption of the budget, wi thout further notice or action by
either party. Payment by the CITY shall be to whomever the
MEDICAL DIRECTOR designates in writing.
VIII. In addition to the compensation as set forth
in section VII, the CITY shall reimburse the MEDICAL DIRECTOR for
registration fees, travel, hotel and meals to permit the MEDICAL
DIRECTOR to attend professional conferences pertaining to
Emergency Medical Services in each fiscal year; provided,
however, that such expenses to the CITY shall not exceed
Twenty-Two Hundred ($2,200.00) in any fiscal year, and provided
further that such funds are provided for in the annual budget of
the CITY in any fiscal year during the term of this Agreement.
Selection of any such professional conferences shall be at the
sole discretion of the MEDICAL DIRECTOR, however CITY travel
policy guidelines shall apply to expense categories.
IX. For the purposes of this Agreement, the MEDICAL
DIRECTOR shall be directly responsible to the Chief of the Fire
and Emergency Medical Services Department of the CITY. The Fire
and Emergency Medical Services Department will provide
administrative and secretarial support to the MEDICAL DIRECTOR
through the Office of the Fire Chief.
. -
Medical Director Agreement Page 5
X. The Fire and Emergency Medical Services
Department, through the Office of the Fire Chief, shall cooperate
to the greatest possible extent in the delivery of competent
emergency medical care, including implementation of the policies
established by the MEDICAL DIRECTOR.
XI. The MEDICAL DIRECTOR shall be a Florida State
licensed physician who is also:
a. ACLS (Advanced Cardiac Life Support) provider
certified, instructor certified, and ACLS affiliate faculty
member American Heart Association; or
b. A Board-Certified Emergency Physician, or who
has been previously employed or is currently employed as an E.R.
Physician; and
c. Maintains affiliation with one or more of the
following medical facilities: Bethesda Memorial Hospital, Delray
Community Hospital, Boca Raton Community Hospital, or John F.
Kennedy Hospital.
d. Designated as the Fire Department's Physician
f or the purposes of providing advice and recommendations to the
Fire Chief pertaining to occupational safety and health issues.
A copy of all required licenses and certifications shall be
furnished to the Office of the Fire Chief.
XII. The term of this Agreement shall be from the date
herein through December 31, 1991, unless sooner terminated. This
Agreement may be terminated by either the CITY or the MEDICAL
DIRECTOR upon not less than thirty (30) days written notice to
the other party. This Agreement may be amended from time to
time, but only in writing in a form similar to this Agreement.
",II
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Medical Director Agreement Page 6
In WITNESS WHEREOF, the parties have executed this Agreement
on the day of , 19 -' in the City
of Delray Beach, Florida.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
City Clerk MAYOR
WITNESSES:
MEDICAL DIRECTOR
Approved as to form and legal
sufficiency
City Attorney
, 19
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Notary Public
My Commission Expires:
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~1
SUBJECT: AGENDA ITEM # f'B - MEETING OF SEPTEMBER '24, 1991
AGREEMENT BETWEEN THE CITY AND CHILDREN'S SERVICES COUNCIL/
ACCEPTANCE OF GRANT FUNDING - AFTERSCHOOL CARE PROGRAM
DATE: September 20J 1991
This item is before you to approve the agreement with the Children's
Services Council and to accept grant funding in the amount of $170J924
for our Afterschool Care Program.
This is the fourth year that we have received funding from the
Children's Services Council. Our program provides afterschool
recreational services for approximately 300 childrenJ ages six through
15. Over 90% of these children are "latch-key children" J so the
program is meeting a critical need in the community. The City also
provides approximately $60JOOO of in-kind and direct services from its
operating budget for the program.
Recommend approval of the agreement with the Children's Services
Council and acceptance of grant funding in the amount of $170,924 for
our Afterschool Care Program.
. .
, .
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Children's Services Council Contract and
After School Program Coordinator Contract
DATE: September 11, 1991
The attached contracts are for the City's agreement with the
Children's Services Council of Palm Beach County to provide an After
School/Child Care Program, and the contract for the Program
Coordinator.
This will be the fourth year that CSC has provided funding for the
program. The previous three years we received $115,000, $136,000,
and $154,000 respectively. Funding for next year has been fixed at
just under $171,000. The program provides after-school recreational
services for approximately 300 Delray Beach boys and girls, aged 6
thru 15. Over" 90% of the children are latch-key children, so the
program is meeting a critical need in the community. The City also
provides approximately $60,000 in funding in inkind and direct
services from its operating budget for the program.
Carolyn Parker has been coordinator of the program since its
beginning three years ago. Her familiarity with many of the
participants, knowledge of the community we are dealing with, and
interest in providing a meaningful program for the children have made
her an effective supervisor for the program. Ms. Parker's salary of
$22,734.40 and benefits are funded by the Children's Services
Council.
I recommend approval of the contracts with the Children's Services
Council, and that they be placed on the agenda for City Commission
consideration on September 24, 1991.
Parks and Recreation
JW: JD : j mh
REF:CSC.DOC
Attachments
. . .
Contract No. 91-089
1991-92 GOVERNMENTAL UNIT AGREEMENT
Page 1
AGREEMENT
THIS AGREEMENT, entered into this 1st day of October,
1991, by and between the Children's services Council of
Palm Beach County, a political subdivision of the State of
Florida (hereinafter referred to as "Council") and City of
Delray Beach Parks and Recreation - After School
Recreation/Child Care Program, (hereinafter referred to as
"Provider"), for the period from October 1, 1991
("Effective Date"), to September 30, 1992.
WIT N E SSE T H : In consideration of the mutual
agreements hereafter contained, the parties, intending to
be legally bound, hereby agree as follows:
THIS AGREEMENT has been entered into pursuant to the
Council's RFP process and Provider's response thereto #089
and any addendums accepted by the Council. Those portions
of Exhibits A, B, C and 0 contained herein that differ
from the original proposal shall be deemed to be addendums
thereto and shall control over any inconsistent provision
of the original proposal.
1. The Council agrees to reimburse to the Provider sums
up to $170,924 for provision of services described in
the attached composite Exhibit "A" (consisting of the
Program Summary Form, Program Model and Measurement
Model, and the Program Organizational Chart); the
attached composite Exhibit "B" (consisting of the CSC
Budget Forms A and B submitted by the Provider)
attached hereto and made a part hereof; and the
attached Exhibit C (consisting of the Program Data
Form) attached hereto and made a part hereof. The
Measurement Model may be finalized and added to this
Agreement no later than November 30, 1991. It is
expressly understood and agreed, by and between the
parties, that the services to be rendered hereunder by
the Provider shall be provided in compliance with all
terms and conditions set forth in Exhibit "A", "B",
"c" and "0" and in the Conditions of Award attached
hereto and made a part hereof as Exhibit "0", as well
as the terms and conditions of this document.
2 . The Provider agrees to comply with all applicable
federal, state and local laws.
3 . The Provider agrees to comply with the following
requirements:
a. To maintain books, records and documents in
accordance with normally accepted accounting
procedures and practices, which sufficiently and
properly reflect all expenditures of funds
provided by the Council under the Agreement.
OOOGOV.DOC
Aug 30, 1991 2:06 pm
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. . .
Contract No. 91-089
1991-92 GOVERNMENTAL UNIT AGREEMENT
Page 2
b. To assure that these records shall be
available, upon reasonable notice, to inspection,
review or audit by the Council and personnel duly
authorized by the Council to make such inspection,
review or audit.
c. To submit, upon completion of the period of this
Agreement, a GAO Standard Financial and Compliance
Audit within 120 days of the Provider's fiscal
year end.
d. To maintain and file with the Council such
progress, fiscal, inventory, and other reports as
the Council may require during the terms of the
Agreement.
e. To include these aforementioned audit and
record-keeping requirements in all approved
subcontracts and assignments.
f. To acknowledge, to the extent feasible and
appropriate, Council funding of the program
identified in Exhibit "A" in publications,
bulletins, public relations activity, and
stationery of Provider.
4. The Provider agrees:
a. To retain all financial records, supporting
documents, statistical records and any other
documents pertinent to this Agreement for a period
of five (5) years following termination of this
Agreement or, if an audit has been initiated and
audit findings have not been resolved at the end
of the five year period, the records shall be
retained until resolution of all audit findings.
b. Persons duly authorized by the Council shall have
full access to and the right to examine any of
said materials during said period.
c. To permit access by persons duly authorized
by the Council, upon reasonable notice, to
the Program(s) funded by the Council hereunder for
purposes of monitoring said program(s).
d. To report to the' Council during the term of
this Agreement any threatened or pending
litigation brought a9ainst the Provider,
including a descript10n of the nature of the
claims involved, and, upon request, to furnish
information regarding the status of such
litigation and copies of pleading filed therein.
OOOGOV.DOC
Aug 30, 1991 2:06 pm
Contract No. 91-089
1991-92 GOVERNMENTAL UNIT AGREEMENT
Page 3
e. To report to the Council, in a format deemed
acceptable by the Council, information regarding
Medicaid or insurance reimbursement for
individuals enrolled in or provided services
under the program(s) funded by the Council under
this Agreement if such reimbursement is or may be
available for such program(s) .
f. That those capital items which are to be
acquired by the Provider and reimbursed by the
Council, shall be subject to the requirements
(i) that said items may not be mortgaged,
pledged, or hypothecated without the prior
written approval of the Council; (ii) that
upon termination or earlier cancellation of this
Agreement, the said item(s) shall be transferred
to the Council, at the Council's request unless
there is specific notification that this
requirement is waived by the council; (iii) that
said item(s) shall be maintained in operable
condition; and (iv) that said item(s) will be
insured in case of damage, loss or theft.
5. To the extent ppermitted by law, the Provider agrees
to indemnify and hold harmless the Council from
liability on account of any injuries, damages,
omissions, commissions, actions, causes of actions,
claims, suits, judgments and damages accruing,
including court costs and attorneys' fees, as a result
of services performed or not performed, or any
negligent act by the Provider or arising from funding
granted or not granted by the Councilor any action
arising out of the operation of this Agreement.
6. This contract may not be assigned or subcontracted to
an~ other party by the Provider without the prior
wr1tten approval of the Council.
7. The Provider shall be responsible for providing
general liability insurance coverage at a level
deemed adequate by the Council, and whatever other
insurance coverages are deemed reasonably necessary
by the Council, which insurance shall be maintained
at all times during the existence of the A~reement.
Upon execution of this Agreement, the Prov1der shall
furnish the Council with written verification of the
existence of 'such insurance coverage.
8. The Provider shall not use or disclose any
information concerning a client under the Agreement
for any purpose not in conformity with federal and
state laws and regulations except on written consent
of the client, or his responsible parent or guardian
when authorized by law.
OOOGOV.DOC
Aug 30, 1991 2:06 pm
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.
contract No. 91-089
1991-92 GOVERNMENTAL UNIT AGREEMENT
Page 4
a. The Provider agrees to establish and maintain
procedures and controls acceptable to the Council
for safeguarding records, so that no information
contained in the Provider's records, or obtained
from others carrying out the terms of the
Agreement, shall be used by or disclosed by the
Provider, its agents, officers or employees
except as provided by law.
b. It shall be the responsibility of the Provider to
take all reasonable steps necessary to implement
promptly such procedures and controls in order to
protect the privacy of a client receiving
services hereunder and in order to assure the
maintenance of confidentiality of any medical or
other information pertaining to any such client.
9. The Provider shall submit to the Council management
and program data, including client identifiable data
as deemed essential by the Council.
10. The Provider shall furnish the council with reports
of the effectiveness of the program and include
statistics and data on the number of persons served
and such other reports and information as the
Council may require. Said reports shall be made as
requested from the Effective Date of this Agreement
and in a format provided by the Council.
11. The Provider is performing the services and duties
required hereunder as an independent contractor and
not as an employee, agent, partner of, or joint
venturer with the Council. The Provider shall assume
sole and exclusive responsibility for the payment of
wages to all employees for services performed by them
under this Agreement. The Provider shall, with
respect to said employees, be responsible for
withholding federal income taxes, paying federal
social security taxes, maintaining unemployment
insurance and maintainin9 worker's compensation
coverage in amounts requ1red by applicable federal
and state law.
12. The services provided by the Provider hereunder are
provided on a non-exclusive basis, and the Council
specifically reserves the right to contract with
others for similar services.
13. Payments for services rendered pursuant to this
Agreement shall be made to the Provider monthly on a
reimbursement basis. . Provider shall submit an
invoice to the Council by the loth da~ of each month
fOllowing the month in which the serV1ces were
provided. The invoice will include documentation
OOOGOV.DOC
Aug 30, 1991 2:06 pm
~.,
contract No. 91-089.
1991-92 GOVERNMENTAL UNIT AGREEMENT
Page 5
reflecting all expenditures made by the Provider
under this Agreement, in whatever form reasonably
required by Council. Subject to the availability of
funds, the Council will provide reimbursement to the
Provider within 45 days after receipt of the invoice.
14. The Provider agrees to return to the Council any
overpayments made through inadvertence or
miscalculation or because payment is disallowed as
not having been properly earned under this Agreement.
Such funds shall be refunded in full by Provider to
the Council as follows:
a. within twenty (20) days from the date of written
notification by the Council to the Provider of
overpayment or disallowance; or
b. within thirty (30) days following the end of this
Agreement.
c. The Council shall have the right to deduct from
any subsequent payment request submitted by the
Provider, the amount of any overpayments or
disallowed funds.
15. The Council may, for reasonable cause, suspend the
payment of funds pending corrective action by the
Provider or pending a decision by the council to
terminate this Agreement. The Council may, for
reasonable cause, prohibit the Provider from
incurring additional obligation of any funds received
from the council, pending corrective action by the
Provider or a decision to terminate this Agreement.
Said suspension of payment of funds or obligation
thereof may apply to all or part of the Provider's
operations.
Before suspending payment of funds to a Provider or
preventing a Provider from incurring additional
obligation of funds received, the Council shall
notify the Provider, in writing, of the action to be
taken, the reasons for it, and the conditions, if
any, under which the suspension will be lifted.
within five (5 ) days of receipt of the notice of
suspension, the Provider may request a hearin9 before
the Council. suspension shall be effective f1ve (5)
days after receipt by the Provider, unless the
Council has determined that immediate suspension is
necessary and so informs the Provider.
If a hearing is timely requested by the Provider, the
suspension will not be effective until a date
determined by the Council following the hearing. The
hearing will be held within a reasonable time after
request therefore to consider any matters relevant to
the suspension and will determine, in light of
OOOGOV.DOC
Aug 30, 1991 2:06 pm
n.'
. .
Contract No. 91-089
1991-92 GOVERNMENTAL UNIT AGREEMENT
Page 6
matters presented, if the suspension and any
conditions imposed on reinstatement are warranted.
The decision of the Council shall be final.
16. In the event funds to finance this Agreement become
unavailable to the Council, the Council may terminate
this Agreement upon no less than five (5) days
written notice to the Provider. The Council shall be
the final authority as to the availability of funds.
17. The Council may terminate this Agreement for any
breach by the Provider. If the Council intends to
terminate this Agreement, notice shall be provided in
writing to the Provider no less than twenty-four (24)
hours prior to the effective. date of the termination.
The Council's failure to terminate or suspend a
Provider for past breaches of this Agreement shall
not be construed as a waiver of its right to demand
strict compliance with the terms of the Agreement or
to terminate for said breaches or similar breaches,
and shall not be construed to be a modification of
the terms of the Agreement. The Provider may
terminate this contract with or without cause
provided that Provider shall give sixty (60) days
notice in writing to Council. The Council shall
reimburse the Provider for all monies expended up to
and including the effective date of the termination.
18. Notices: all notices required hereunder shall be in
writing and shall be addressed to the following
representative of the part parties:
For the Council:
Barbara A. Kauffman, Executive Director
Children's Services Council of Palm Beach County
3111 So. Dixie Highway, Suite 243
West Palm Beach, Florida 33405
For the Provider:
Joe Weldon, Executive Director
City of Delray Beach Parks and Recreation
50 NW 1st Avenue
Delray Beach, Florida 33444
(407) 243-7250
19. This Agreement, which includes the attached
Exhibits A, B C & D, contains all the terms and
conditions agreed upon by the parties. No other
agreements, oral or otherwise, regarding the
subject matter of this Agreement shall be deemed
to exist or to bind any of the parties hereto.
OOOGOV.DOC
Aug 30, 1991 2:06 pm
u.,
, "
Contract No. 91-089
1991-92 GOVERNMENTAL UNIT AGREEMENT
Page 7
This Agreement shall not be modified unless in
writing and signed by both parties hereto.
IN WITNESS THEREOF, the parties have caused this
Agreement to be executed by their undersigned duly
authorized officers.
PROVIDER CHILDREN'S SERVICES COUNCIL
CITY OF DELRAY BEACH PARKS OF PALM BEACH COUNTY
AND RECREATION - AFTER SCHOOL
RECREATION/CHILD CARE
By: By:
Billie Brooks
Chairman
Print Name/Title
Date: Date:
APPROVED AS TO FORM &
LEGAL SUFFICIENCY
By:
Thomas A. Sheehan, III
Attorney for Children's Services Council
of Palm Beach County
OOOGOV.DOC
Aug 30, 1991 2:06 pm
,".,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROH: CITY HANJ'>.GER t~?j
SUBJEC'l' : AGENDA ITEM # t' c., - MEETING OF SEPTEMBER 24, 1991
CONTRACT RENEWAL - AFTERSCHOOL PROGRAM COORDINATOR
DATE: September 20, 1991
This item is before you to approve the contract renewal for the
Afterschool Program Coordinator. Carolyn Parker has been coordinator
of the program since its beginning three years ago and has functioned
satisfactorily in this position. Therefore, renewal of her contract
is recommended. The contract shall commence on October I, 1991 and
shall end at the close of business on September 30, 1992. Ms.
Parker's salary and benefits are funded by the Children's Services
Council grant.
Recommend approval of the renewal of contract with Carolyn Parker as
the Afterschool Program Coordinator.
9/;)4/9/- f!vm~'<<f.- fom 'ilL ~~ k; Ik .c14
~ i:8~~r~~
~~~.
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CITY OF DELRAY BEACH AFTER-SCHOOL CHILD CARE PROGRAM
COORDINATOR CONTRACT
This Contract entered into this JQth day of SeDtember, 199.1 by
and between the CITY OF DELRAY BEACH, hereinafter referred to as "the
city" and Carolyn Parker, hereinafter referred to as "Coordinator".
WHEREAS, the City of Delray Beach has provided for a
after-school recreational child care program for the use and benefit of
the citizens of Delray Beach under the administration of the oelray
Beach Parks and Recreation Department.
WHEREAS, the city has determined it to be in the public
interest to contract with an after-school recreational child care
coordinator for the purpose of assuring competent management of the
after-school recreational child care program in order to provide
after-school child care to the public of the highest quality and at a
reasonable rate.
NOW, THEREFORE, inconsideration of the mutual promises
contained herein, it is agreed by and between the City and the
Coordinator that:
1. Terms of the contract:
a. The term of this contract shall commence on
October 1, 1991, and shall end at the close of business on
September 30, 1992, unless sooner terminated under the provisions
of this contract.
b. This contract may be renewed for a period of
one (1) year. Said renewal may be instituted by the city with written
notice to the coordinator within thirty (30) days of the expiration
of this contract. The Coordinator and/or the City may, if they
. mutually agree to do so, alter the terms and conditions of this
contract in the event the City renews said contract.
1
-
c. The Coordinator may terminate this agreement by
giving forty-five (45) days written notice to the City. The city
may terminate this agreement with or without cause. Should the City
terminate the agreement without cause, the City shall give thirty (30)
days written notice of said termination. Should the City find it
necessary to terminate this agreement for cause, this agreement may be
terminated immediately with no notice.
d. By execution and acceptance of this agreement and as
further consideration to induce the City to enter into this employment
agreement, the Coordinator hereby waives and forfeits any rights, if
any, he may have as a classified employee of the city. This agreement
contains all the employment provisions and conditions of the
Coordinator's employment with the city.
e. By execution and acceptance of this agreement, the
Coordinator hereby acknowledges that the Coordinator is an independent
contractor and is not an agent or employee of the City.
2. Services to be provided by the Coordinator:
a. The Coordinator shall be responsible to the Parks
and Recreation Director or his designee for the operation and
management of any after-school recreational child care program.
b. The Coordinator, in conjunction with the Director
of Parks and Recreation, shall develop a curriculum, recreational
program and/or management plan for the provision of after-school
recreational child care services.
c. The Coordinator shall insure that the after-school
program provides adequate supervision and high quality recreational
activities.
.
2
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d. The Coordinator shall work a forty ( 40) hour week.
e. The Coordinator shall'be present on the premises of
the after-school recreational child care program from the hours of
approximately 9:00 a.m. to 6:00 p.m., Monday through Friday.
f. The city may, in addition to termination of the
contract as provided for in paragraph 1.C., above, suspend the
coordinator with or without pay, issue reprimands and memoranda
advising of unsatisfactory performance, for any act considered to be
contrary to the best interests of the city.
3. Salary and compensation:
a. While this agreement is in full force and effect,
the Coordinator shall be paid at an annual rate for his/her services
hereunder from October 1,1991 to September 30,1992 at an annual rate
of $ 22,734.40 to be paid in bi-weekly installments.
b. Coordinator shall receive vacation or pension
benefits from the City, as per current City Policy.
c. The Coordinator shall be entitled to holidays and
sick leave as is currently provided to general employees.
d. The Coordinator shall be entitled to hospitalization
and other insurance as provided to general employees as per current
City polic:y.
e. The Coordinator shall not be entitled to any other
benefits with the aforesaid compensation constituting the only
remuneration to be received by the Coordinator.
4. Non-discrimination Clause:
a. The Coordinator shall operate the after-school
recreational child care program without discrimination as to sex, race,
age, creed, color or national origin.
3
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5. Assignments and Subcontracts:
a. The Coordinator agrees not to assign this contact,
in whole or in part nor subcontract all or any or part of this
contract, without the written consent of the City Manager.
6. General:
a. The City shall supply additional personnel for the
operation of the after-school recreational child care program, the
number of employees and their compensation to be determined by the
City.
b. The City shall provide the premises for the
operation of the after-school recreational child care program and
maintain said premises.
c. The City Manager shall be the sole arbitrator of any
disputes of this agreement and his determination will be final.
d. The laws of the State of Florida shall govern any
proceeding, action or suit brought pursuant to this agreement. Venue
shall be in Palm Beach County, Florida.
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor .
Attest:
City Clerk
Approved as to legal form
and sufficiency:
Assistant City Attorney
By:
Witness Coordinator
witness
4
REF:AFSCCONT.DOC
~~ ()TA.. ~
[ITY DF DELHAY BEA[H
100 NW. 1st A VENUE DELRA\ :3'::ACH FLOR!D:'.33444 407 ::'43-/00J
MEMORANDUM
;'
TO: David T. Harden, City Manager (\ ?~ I
FROM: ~obert A. Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: Agenda Item =# in Ci ty Commission Meeting, September 24, 1991
Agreement For Lobbying Services
DATE: September 18, 1991
ACTION
City Commission is requested to approve an agreement for Lobbying
Services with Kathleen E. Daley and Associates for the period of
October 1, 1991, through September 30, 1992. The cost of the
agreement is $48,000 plus a maximum of $6,000 for out-of-pocket
expenses. Funds are budgeted in the FY '91-92 budget, account code
001-11ll-51l-33.19 (Other Professional Services).
RAB:kwg
TliC: E~~ ,~T A l \.... .:" :::' ~/l .:-' 1--' ~ "
"..,
--
.
Kathleen E. Daley
s Associates
{ ,( ) \ ' !,,, \ ~: " 1\ 1\! I \ I i.;-'
AGREEMENT FOR LOBBYING SERVICES
As Governmental Affairs Consultant/Lobbyist for the City
of Delray Beach, I Kathleen Daley, an equal partner of Kathleen
Daley & Associates, a public relations/political
consulting/governmental affairs firm, will continue to represent
the interests of the City before the Governor and Cabinet, State
agencies and the Florida Legislature, which representation would
include attendance at all necessary House and Senate committee
meetings during each calendar year, necessary delegation meetings,
as well as the regular session and any relevant special sessions
of the Florida Legislature, and continue to monitor all legislation
affecting municipalities on behalf of the City of Delray Beach.
As Governmental Affairs Consultant/Lobbyist for the City
of Delray Beach, and managing partner of the account , working
conjunction with the De1ray Beach City Council, the Delray Beach
City Manager, and such other staff persons within the City
Administration as they are related to my duties on behalf of the
City.
I will make myself available to the above-mentioned
persons and offices on both regular and "as needed" bases for
meetings and discussions related to my duties on behalf of the
City.
It is submitted that my services would be initially
contracted for a period of one (1) year from October I, 1991 to
October I, 1992, to be reviewed for renewal by the Commission at
1
One Park Place. 621 N, W. 53rd Street. Suite 240 . Boca Raton, Florida 33487
(407) 997-8768 . Fax: (407) 997-8945
~I "I
the end of said period.
Kathleen Daley & Associates is willing to undertake the
foregoing representation on the following basis:
l. Kathleen Daley & Associates will be paid a retainer
in the total amount of $48,000.00 for the contracted period due in
12 equall monthly installments payable by the 30th of each month
beginning in October of 1991.
2. In addition, Kathleen Daley & Associates will be
reimbursed for all vouchered out-of-pocket expenses, up to a
maximum amount of $6,000 incurred by me when such expenses are in
conjunction with City business. Such expenses include, but may not
be limited to: lodging, transportation, meals, long distance
telephone, photocopying, postage, etc.
It should be noted that some such expenses may be pro-
rated on an "as used" bases and partially absorbed by other clients
of Kathleen Daley & Associates who may require services
concurrently with the city of Delray Beach and incur some expenses,
such as lodging and transportation concurrently with the city.
3. Reimbursement for expenses in excess of $6,000 will
only be had after being reviewed and expressly approved by the City
Commission. Expenses for recommended promotional items and events
relating to my duties on behalf of the city, such as printed
collateral materials and specific entertainment and/or educational
events, will be subject to approval by the City Manager and payable
by the City as additional expenses.
4. Any additional "special project" work which may be
2
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requested at any time by the City commission or the Office of the
City Manager, and which falls outside of my realm of duty as
Governmental Affairs Consultant/Lobbyist for the City, will be
contracted for separately and on special project bases.
5. Either the City of Delray Beach or Kathleen Daley
& Associates may terminate this agreement at any time, pursuant to
the following:
( i) If terminated by the City of Delray Beach at any
time during the contracted period, for other than good cause,
Kathleen Daley & Associates will retain the total amount of
$48,000.00, plus Kathleen Daley & Associates will be reimbursed by
the City for any vouchered out-of-pocket expenses incurred up to
the date of termination subject to the provisions of Paragraph 2
of this Agreement.
(ii) If terminated by the City of Delray Beach at any
time during the contracted period, for good cause, Kathleen Daley
& Associates will retain a pro-rated to-date portion of the total
amount of $48,000.00, plus an amount equalling the total of any
out-of-pocket expenses incurred up to the date of termination
subject to the provisions of Paragraph 2 of this Agreement. Good
cause shall include but not be limited to the arrest of any of the
principals of Kathleen Daley & Associates and/or conduct by any of
the principals of Kathleen Daley & Associates which may subject the
City of Delray Beach or Kathleen Daley & Associates to negative
publicity or which would hamper the effectiveness of Kathleen Daley
& Associates in fulfilling their obligations under this agreement.
3
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(iii) If terminated by Kathleen Daley & Associates at any
time during the contracted period, Kathleen Daley & Associates will
retain a pro-rated to-date portion of the total amount of
$48,000.00, plus an amount equalling the total of any out-of-pocket
expenses incurred up to the date of termination subject to the
provisions of Paragraph 2 of this Agreement.
6. This Agreement shall be executed as an original and
three counterparts.
WITNESSES:
KATHLEEN DALEY & ASSOCIATES
By:
KATHLEEN E. DALEY
CITY OF DELRAY BEACH, FLORIDA
ATTEST: By:
Mayor
City Clerk
Approved as to Form:
City Attorney
4
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state of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an officer duly
authorized in the state and county named above to take
acknowledgments, personally appeared ,
known to me to be the person described in and who executed the
foregoing instrument as a partner of ,
a partnership. He/She acknowledged before me that he/she executed
the same as the act and deed of said partnership for the uses and
purposes therein mentioned.
SWORN TO AND SUBSCRIBED before me this day of
, 1991
Notary Public
My commission Expires:
5
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER(~1
SUBJECT: AGENDA ITEM # IE' - MEETING OF SEPTEMBER 24, 1991
EXTENSION OF BANKING SERVICES AGREEMENT/BARNETT BANK
DATE: September 20, 1991
The agreement between the City and Barnett Bank for basic and lockbox
services expires on September 30, 1991. The original contract
however, provides for extens ~ ,:>n of the contract period in one year
increments. Staff has contacted Barnett Bank and they have agreed to
the contract extension. However, they have only agreed to maintain
current pricing through December 31, 1991. Through December 1991 the
charges for services would be $1,796; after which time (from January
1992 through September 1992) the charges would be $16,164.
Staff is currently looking into options to offset this increase. One
proposal is to convert the City's Utility bill form and the
Occupational License bill form to an OCR scannable document. This
would reduce Barnett Banks cost of handling the document; and
therefore, result in a lower charge for lockbox services.
Recommend approval of the one year extension of contract with Barnett
Bank for basic and lockbox services.
"'''I
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'--'v
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M E M 0 RAN DUM
TO: David T. Harden
City Manager
FROM: Joseph M. sa~
Director of Fina
SUBJECT: Banking Services Agreement
DATE: September 19, 1991
The City's Banking Services Agreement with Barnett Bank expires September
30, 1991. Representatives at Barnett Bank have agreed to extend the
contract with current pricing through December 31, 1991. New pricing would
then be effective through September 30, 1992 .
The pricing will remain the same with the exception of the charges relating
to FDIC Insurance, return items, lockbox services, and the repurchase
agreement charge. This will amount to an approximate increase of $16,200
for the nine month period or an annualized amount of $21,600. The changes
in their fee structure is listed as follows:
PROPOSED FEE
PROPOSED FEE INCREASE/YEAR
INCREASE/MONTH JAN. THRU SEPT.
FDIC $ 240 $ 2,160
Return Items 162 1,458
Lockbox Charges 1,269 11,421
Repo Charge 125 1,125
$1,796 $16,164
We are currently working on reducing this increase in cost by converting
the City's Utility bill, and eventually, the Occupational Licence bill, to an
OCR scannable document.
The OCR scannable process entails encoding the bills with MICR ink allowing
for documents to be scanned automatically instead of having the billing
information manually input. This reduces Barnett Bank's cost of handling
the document and therefore, is able to give us better pricing for the
lockbox service.
The conversion to a OCR scannable process should result in an approximate
increase for the next fiscal year of only $1,600 or $133 per month.
It should be noted that the City has enjoyed a good relationship with
Barnett Bank over the past few years and that we would like to continue
this relationship. We, therefore, recommend approval of the extension of
the Banking Services Contract with final approval of the contract by Jeff
Kurtz.
IF!
. . -
David T. Harden, City Manager
September 19, 1991
Page Two
The consideration for the request for proposal would later be addressed for
the fiscal year 1992-93 allowing for a smooth transition for the scannable
process.
JMS/rso/slh
cc: Rebecca S. O'Connor, Treasurer
".,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERU~
SUBJECT: AGENDA ITEM # I'F - MEETING OF SEPTEMBER 24, 1991
AGREEMENT WITH PALM BEACH COUNTY SCHOOL BOARD/MEDICAL TECH-
NOLOGY EDUCATION
DATE: September 20, 1991
This proposed agreement with the Palm Beach County School Board
provides for medical technology education for our E.M.T. students. We
have been using facilities at South Technical Vocational Institute for
numerous teaching and training assisted aids. No funding is involved.
Recommend approval of an agreement with the Palm Beach County School
Board to provide medical technology education for our E.M.T. students.
~I,~
"
[ITY DF DELIAY BEA[H
FIRE OEPARTMENT
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: D.R. TRAWICK, DIVISION CHIEF
DATE: SEPTEMBER 10, 1991
SUBJECT: CONTRACT WITH SOUTH TECHNICAL VOCATIONAL INSTITUTE
Attached is a proposed contract for execution submitted to
us by South Technical Vocational Institute. We currently utilize
the school for numerous teaching and training assisted aids for
the City of Delray Beach. In the past we have entered into an
agreement with them to provide a clinical experience for their
E.M.T. students.
After discussion between our legal department and Palm Beach
County School Board's legal department, a proposed contract has
been decided upon. Nancy Roti has instructed me to forward the
contract to your office for further action.
If I can be of any further assistance in this matter, please
do not hesitate to contact me at 243-7440.
~/~~<-~
D.R. Trawick
Division Chief
DRTjckc ,
FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRA Y BEACH, FLORIDA 33444
4071243-7400. FAX 407/ 2654660
u.,
[IT' DF DELARY BER[H
CITY ATTORNEY'S OFFICE ! I"'; ., S 1 RiFT. Sll [I ~ ul I.R \ , 151\CII. I !.ORIDr\ 3J-lKJ
...j.i i"" 243. -:'(j'-)j l II LlC, 'I'll R -+,172',-,+7'5
MEMORANDUM
DATE: May 22, 1991
TO: Doug Trawick, Division Chief, Delray Beach Fire
Department
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Contract with South Tech
I have reviewed the agreements between the City of Delray
Beach and the Palm Beach County School Board for Emergency
Medical Technology Education and approve it as to legal
sufficiency and form.
It is my understanding that you will be submitting the
agreement to the City Manager and the City Commission for
:~val.
Attachments
cc David Harden, City Manager
Chief Kerry Koen, Delray Beach Fire Department
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[ITY DF DELAAY BEAEH ,Ift:.'~:,
FIRE DEPARTMENT
~ CA MAY 9 19~)
M E M 0 RAN DUM
TO: SUSAN RUBY, ASSISTANT CITY ATTORNEY
FROM: D~R. TRAWICK,. DIVISION CHIEF
DATE: MAY 8, 1991
SUBJECT: CONTRACT WITH SOUTH TECH FOR REVIEW
I have attached the contract from South Technical Education
Center for your signature and return before it is forwarded to
the City Manager and the City Commission. In previous years we
have entered into this agreement with South Tech and have had no
problems. There are a few changes in section 7 in reference to
the work days that the students may be assigned. The Fire
Department'-has no problem with that.
If you have any questions, please call me at 243-7440.
J/~J
D.R. Trawick
Division Chief
DRTjckc
<<
Attachment
FIRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH FLORIDA 33444
407/243.7400- FAX 407/265-4660 '
'I""
THE SCHOOL BOARD THOMAS J. MILLS
OF PALM BEACH COUNTY, FLORIDA SUPERINTENDENT
OF SCHOOlS
VOCATIONAL-TECHNICAL EDUCATION
1235 15TH STREET
WEST PALM BEACH, FL 33401
407-640-5089
May 2, 1991
Mr. Doug Trawick, Division Chief
City of Delray Beach
101 West Atlantic Avenue
Delray Beach, Florida 33444
Dear Mr. Trawick:
Attached are three ( 3) copies of the agreement between the School
Board of Palm Beach County and The City of Delray Beach for
Emergency Medical Technology Education (1991-92.) Please sign and
return all three copies to:
Donna B. Hamill, Vocational Specialist
Department of Vocational-Technical Education
1235 15th Street
West Palm Beach, Florida 33401
An executed copy will be returned to you after it has been signed
by the Sc~ool Board.
'--
Your cooperation and interest in our EMT Program is appreciated.
Please call Ms. Hamill at 655-8407 if you have any questions.
Sincerely,
.
cjYJE }j~.
Dr. Kate Gildan, Director
Vocational-Technical Education
KYG:DBH:bp .
Attachments
~II;I
11-,1
AGREEMENT
BETWEEN
THE SCHOOL BOARD OF PALM BEACH COUNlY
AND
CITY OF DElRAY BEACH
FOR
EMERGENCY MEDICAL TECHNOLOGY EDUCATION
I. PARTICIPATING AGENCIES:
The participating agencies in this agreement are The School Board of Palm Beach County, Florida,
hereinafter called the "SCHOOL BOARD," and The City of Delray Beach
hereinafter called the EMS "PROVIDER."
II. STATEMENT OF AGREEMENT:
This is a mutual agreement between the administration of the Provider and The School Board of
Palm Beach County, Florida, that the EMS Provider will accept emergency medical technology/EMT
students from the vocational.technical education programs for supervised learning experiences in
the care of patients in accordance with the provisions set forth in this agreement.
Whereas the parties hereto recognize that the School Board is in need of health care facilities to
train vocational education students in the area of emergency medical technology education
pursuant to the State Plan for Vocational Education of the State Department of Education and
Palm Beach County School Board policies and procedures; and
Whereas the parties hereto recognize that interest in promoting those educational goals and
objectives of the State Department of Education and the Palm Beach County School Board which
further excellence in emergency medical services; and
Whereas the Provider desires to provide the necessary Emergency Medical Services facility for
observation and selected clinical experiences to assist this program both parties therefore agree,
in consideration of the mutual covenants and agreements expressed herein, as follows:
III. GENERAL PROVISIONS OF THE AGREEMENT:
1. The education of the student shall be the primary purpose of the training program.
2. The School Board shall be responsible for the education of the student.
3. The School Board shall be responsible for selecting learning experiences for the students
with the assistance and cooperation of the EMS Provider personnel.
4. The Emergency Medical Services Provider agrees to share in the education of the student
through the cooperation and assistance of its staff with the faculty of the School Board
and in the guidance and supervision of the students.
5. The Provider agrees to accept a maximum number of twenty students and four classes per
year for observational and selected clinical experiences.
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6. Students will be involved chiefly in learning experiences through observation; however,
in order to conform to the requirements of the Florida Department of Education Program
Course Standards and the Departinent of Health and Rehabilitative Services Rules, didactic
instruction reinforced in the clinical area will be offered by the Provider. Any such
instruction MUST be supervised by trained authorized instructors and such instruction shall
conform to Chapter 10D-66.58 (3) (e) and (t) 3. Rules of Department of Health and
Rehabilitative Services. Emergency Medical Technicians shall be trained in the BASIC
MINIMUM SKILLS as outlined in Chapter 10D-66.56 (1) of HRS Emergency Medical
Services Rules.
7. The School Board agrees to comply with the applicable established policies and practices
of the Emergency Medical Services Provider. The Provider shall be responsible for
providing the School Board with all applicable established policies and practices of the
EMS facility.
8. The School Board recognizes its liability for certain tortious acts of its agents, offic~rs, and
employees to the extent and limit provided in 768.28, Florida Statutes, The State of
Florida's partial waiver of sovereign immunity, provided, however, this provision shall not
be construed as a waiver of any right of defense that the Board may possess and reserve
all such rights as against any and all claims that may be brought under this agreement.
9. The Emergency Medical Services Provider will be liable for any acts or omissions of its
employees. Nothing contained herein shall be deemed a waiver sovereign immunity
pursuant to Florida Statutes Section 768.28.
10. The Emergency Medical Services P.rovider is an independent contractor and not agents,
employees, partners, associates, or joint ventures of the Board. The students and faculty
of the Board are not employees, servants, or agents of the Providers but rather: 1) the
students are students of the School Board, and 2) the faculty are employees of the School
Board. There are no third party beneficiaries of or to this Agreement.
IV. THE SCHOOL BOARD'S RESPONSIBIUTY:
1. To maintain standards recommended in the State Plan for Emergency Medical Technology
Education of the State Department of Education and standards and procedures as outlined
in the Florida Administrative Code of the Florida Department of Health and Rehabilitative
Services.
2. To employ Florida certified health occupations (paramedic) faculty who shall be
responsible for implementing the philosophy and the objectives of The School Board and
developing the curriculum.
The faculty shall be responsible for:
a. Selecting assignments in cooperation with EMS personnel and supervising students in
their learning experiences.
b. Planning for concurrent related instruction (informal and formal classroom) as needed
to meet the objectives of the program. This instruction will be scheduled during the
regular hours of the program.
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c. Maintaining individual records of class and clinical instruction, emergency
medical technology practice, and evaluation of student competency and health.
d. Preparing a clinical rotation plan for services to be used for experience and securing
the written approval of the plan from the Director of the Emergency Medical Services
facility prior to the beginning of the affiliation. Before any material changes are made
in the plan, they will be discussed and approved in writing by the Director
of the Emergency Medical Services facility.
V. THE EMERGEN'CY MEDICAL SERVICES fACILITY'S RESPONSIBILI1Y:
1. To make available to faculty and students facilities and clinical services for planned
learning experiences through observation and selected clinical experiences in the
emergency medical technology curriculum.
2. To share and assist in the responsibility for the guidance and supervision of the students,
particularly in restricted areas.
3. The Provider may include members of the faculty of the School Board in staff meetings
when policies to be discussed will affect or are related to the emergency medical
technology program. The Provider shall, at all times, provide The School Board with
written notice of the changes in policy and procedures in a timely manner, especially as
such policies and procedures in a timely manner, especially as such policies and procedures
relate to or affect the emergency medical technology program.
VI. THE SCHOOL BOARD POLICIES:
1. The educational program shall consist of no less then six hours per week of classroom
instruction, laboratory practice and experiences in selected learning situations in hospitals
and other health agencies. The division and arrangement of time to include the theoretical
and clinical learning experiences shall be determined by the faculty, and be based upon
the needs of the students for specific learning experiences to meet the objectives
of the program.
2. Students will be assigned for emergency medical services, clinical and pre-hospital
experience Monday through Sunday during the hours of 8 a.m. to 11:00 p.m. for 6 to 8
hour shifts.
3. Students will be given holidays as provided for in the regular school calendar.
VII. REQUEST FOR WITIIDRAWAL OF STUDENT:
The participating Provider has the right to request the School Board to withdraw any student from ~
its facilities whose conduct or work is not, in the reasonable opinion of the administrator of the
EMS facility, in accordance with acceptable standards of performance.
The School Board may at anytime withdraw a student whose progress, conduct, or work does not
meet the standard of The School Board for continuation in the program.
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III. TERMINATION OF AGREEMENT:
If either party to this agreement wishes to terminate this agreement, at least thirty days written
notice shall be given by either participating agency, and termination including withdrawal of
students and faculty from the Emergency Medical Services facility shall occur at least thirty days
from receipt of written notice. For purposes of notice, the School Board representative shall be
the Director of the Vocational-Technical Education Department, The School Board of Palm Beach
County.
IX. STUDENT INSURANCE:
Each student will provide proof of professional liability insurance coverage with minimum limits
of $500,000/$1,000,000, and be encouraged to be covered by their own health and accident plan.
X. MODIFICATION OF AGREEMENT:
Modification of the agreement shall be made only upon mutual consent of both parties and a
contract addendum shall be executed by both parties hereto.
XI. TITLE IX AGREEMENT:
The participating agency agrees not to discriminate against any trainee in any manner whatsoever
on account of race, creed, color, age, sex, handicap or national origin.
XII. LENGTH OF AGREEMENT:
This agreement will be effective for the fiscal year July 1, 1991, through June 30, 1992.
XIII. RENEWAL OF AGREEMENT:
It is the intent of both parties to review this agreement each year and renew if approved by both
parries.
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XIV. COPIES OF TInS AGREEMENT:
Copies of this contractual agreement shall be submitted to the office of the State of Florida
Department of Health and Rehabilitative Services.
Copies of the contractual agreement shall be placed on file in the Vocational-Technical Education
Departnlent.
Dated this day of , 19
The School Board of
Palm Beach County.. Florida
Agency
By By
Administrator Lynda M. Johnston .
Chairman
(SEAL)
Attest Attest
Secretary Thomas J. Mills
Superintendent
Reviewed: Office of General Counsel
BY~~
-5- rney
..
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ()It-1
SUBJECT: AGENDA ITEM # 1r ~ - MEETING OF SEPTEMBER 24, 1991
CONTRACT EXTENSION/BEAUTIFICATION MAINTENANCE
DATE: September 20, 1991
This item is before you to approve the one year extension of contract
with Tony Scott Complete Lawn Maintenance for landscape maintenance of
the 1-95 Interchanges on Atlantic Avenue and Linton Boulevard, and the
medians on Linton Boulevard from 1-95 to A-1-A.
The original maintenance contract with Tony Scott provided that the
City could renew the contract for an additional year period and with
the same terms and conditions. Mr. Scott has agreed to the one year
extension of contract for the period November 5, 1991 to November 4,
1992.
Recommend approval of a one year extension of contract with Tony Scott
Complete Lawn Maintenance for landscape maintenance of the 1-95
Interchanges at Atlantic Avenue and Linton Boulevard, and the medians
on Linton Boulevard from 1-95 to A-1-A in the amount of $38,175
with funding from Beautification Contract Maintenance (Account No.
119-4144-572-33.49).
'"
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Extension of Tony Scott's Beautification Contract
DATE: September 11, 1991
In the contract for maintenance of beautification areas, we reserved
the right to renew the contract for an additional year at the same
price.
Tony Scott Complete Lawn Maintenance began the maintenance of the
1-95 Interchanges on Atlantic, Avenue and Linton Boulevard, and Linton
Boulevard from 1-95 to AlA last November and have done a good job. I
recommend the contract be extended for one ( 1 ) year under the same
terms and conditions. Mr. Scott agrees to the one year contract
extension (see attached).
If you are in agreement, please process the attached agenda request.
~
Parks and Recreation
/jm
REF: EXTEND. DOC
Attachments
.
TONY SCOTT COMPLETE LAWN MAINTENANCE
LICENSED - INSURED
~~
~~~4tcl-M
~IB:
P.O. Box 6452
Delray Beach, Florida 33484
(407) 271-2802
September 9, 1991
Mr. JOe Weldon, Director
City of Delray Parks & Recreation Dept.
100 N.W. 1st Avenue
Delray Beach, FLorida 33444
Dear Mr. Weldon:
I am writing to express my interest in continuing the lawn
maintenance of the I-95 Interchange at West Atlantic Avenue, 1-95
Interchange at Linton Boulevard and East Linton Boulevard from
I-95 to A-1-A (Bid # 90-71). In consideration of your review, I
am willing to continue under the same conditions and price
originally agreed upon in this bid.
Thank you for your consideration in this matter.
Sincerely yours,
~ d: --4-
Larry A. Scott d/b/a
Tony Scott Complete Lawn Maintenance
cc: Jackie Rooney, Purchasing Dept.
,""
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Agenda Item No.:
AGENDA REQUEST
Date: 9/11/91
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: 9/24/91
Description of Approve
contract
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval to renew beautification maintenance contract
for a one year period with Tony Scott Complete Lawn Maintenance for maintenance of
1-95 Interchanges on Linton and Atlantic, and Linton from i95 to AlA. One year
period runs from November 5. 1991 to November 5. 1992.
Department Head Signature:
Determination of Consistency Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description: 119-4144-572-33.49 Beautification Contract Maint.
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
~
[ITY DF DELHAY BEAEN
100 NW. 1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager CKltJv1
FROM: fJ!; Robert A. Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: Agenda Item # S'H City Commission Meeting, September 24, 1991
Contract Amendment/Dubin and Associates, Inc.
DATE: September 18, 1991
ACTION
City Commission is requested to approve the attached contract
amendment to the Municipal Golf Course Management Agreement dated
January 1, 1991, with Dubin and Associates, Inc. The amendment
changes the scope of work to include management responsibilities for
the golf course restaurant. There is no fee increase associated with
this amendment.
RECOMMENDATION
Staff recommends approval of the contract amendment.
RAB:kwg
Attachment
THE EFFORT ALWAYS MATTERS
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ADDENDUM NO. 1 TO MANAGEMENT AGREEMENT
THIS ADDENDUM.to the Management Agreement of January
1, 1991, is entered into by and between the CI'l'Y OF .DELRAY
I (hereinafter referred to as "city") , and DUBIN
BEACH, FLORIDA
ASSOCIATES, INC. (het"einafter referred to as "Dubin I. ) , on this
_ day of Septeml:>er, . 1991.
WIT N E S S E.T H:
WHEREAS, the City and Dubin. covenant and a9ree to
amend r:lnd modify the Management Agreement entered into on
January 1, 1991 in order to provide for the 'management of the
Delray Beach Municipal Golf Course Restaurant ,and .to more fully
outline the scope of servioes as described in Exhibit "'All
hereto. .................
WHEREAS, Dubin will perform all the restaurant
"
management operations located at th,e Delray Beach Municipal
Golf Course.
NOW, THEREE'.oRE, in consideration of the mutual
covenants, stipulations and q.greements herein contained, the
\ .
parties agree as follows:
1- The recitations referred to above are hereby
incorporated herein.
2. The parties agree that Dubin will oversee and
manage all restaurant operat1ons associated with the Delray
,Beach Municipal Golf Cours~, . and. as more f~lly ~elineated on
. .a... _" ."' ...
Exhibit "A", attached hereto and incorporated herein by
reference.
u..,
3. All theterrnsanc1. con<11Uonso.f the Management.
. i
Agreement of J'anuary 1, 1991 not in conflict with the afore-
mentioned cond.itions of this Adclenclwu to the Management
Agreement of January 1, 1991 remain 1n full force and effect.
IN WITNESS WHEREOF, the. parties hereto have set their
hands, the day and year first abpve written.
WITNESS DUBIN ASSOCIATES, ~NC.
. BRAHM DUBIN , President
I
CITY OF DELRA~ BEACH, FLORIDA
ATTEST:
- MAYOR -
Approved as to Form:
.-...".........
City Attorney
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The scope of the work ~lill inc::lude but will not be limited to
the followin<a:
1. Supervise and direct the general operations of Delray
Beach Municipal Golf. Course and Restaurant.
2. Oversee all administration of all golf course operations,
assuring that proper accounting systems are in place.
3. Perform an on-going review of total operational costs by
depar,tment.
.
4. Insure that adequate Internal Control systems are in place
in all areas of the operation.
5. Perform monthly reviews of. the fi'nancial statements ana
provide monthly revenue reports in - the format prescribed
to bX the City.
6 . Prepare operational budqets.
7. Review and assist in the planning of all marketing and
promotional programs.
..........
-..
8. Evaluate all personnel and issue a written report to the
.City Managar within 60 days.
9. Approve all expenditures before they are submitted for
payment to the City and insure exp~ndi tures are made in
compliance with the City purchasinq polic1es.
.
10. Assure that the highest standards pf general maintenance
are maintained.
1L Coordinate the development of a master plan for the golf
course and clubhouse renovation projects.
12. Provide monthly'course maintenance reports.
13. Dubin shall hire and. employ-all personnel : necessary. to
maintain and operate the golf course and restaurant.
Dubin shall also hire the head qOlf' professional. Dubin,
will have full authority over the. hiring and firing ,of all
per sonne 1. '
'I''''
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14. Dubin shall . act as City's liaison and supervise the
activities and operations of the restaurant manager and
head 901f professional.
15. Dubin shall operate and maintain the restaurant operation
in accordance with all federal, state and local government
laws and regulations, including health department
regulations and state liquor board regulations.
16. Dubin shall operate a full service restaurant in
accordance wit.h the terms and conditions of the alcohol
beverage license.
I
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!)v1
SUBJECT: AGENDA ITEM # f .:t - MEETING OF SEPTEMBER 24, 1991
SERVICE AUTHORIZATION NO. 8/0'BRIEN, SUITER & 0' BRIEN,
INC.
DATE: SEPTEMBER l8, 1991
This is a Service Authorization in the amount of $1,800.00 to the
contract with O'Brien, Suiter & O'Brien, Inc. for surveying
services necessary to provide vertical and horizontal alignments
of N.E. 8th Street, N.E. 3rd Avenue and Dixie Boulevard. The
scope of service of this authorization consists of providing a
route survey of 1800 feet of right-of-way at the intersection of
N.E. 8th Street, N.E. 3rd Avenue and Dixie Boulevard, and drawing
of same.
Recommend approval of Service Authorization No. 8 to the contract
with O'Brien, Suiter & O'Brien, Inc. in the amount of $1,800.00
with funding from General Construction Fund - Traffic Inter-
section (Account No. 334-3141-541-60.62) .
,,,
/
./ -
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.
O'BRIEN, SUITER & O'BRIEN, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. g FOR CONSTRUCTION SERVICES
CITY P.O. NO. C.ITY EXPENSE CODE 33 'f~ 31<1 f- -)'f /- (Po, (" Z
PROJECT NO.: 1/- ~z.. (CITY) (O'BRIEN, SUITER &
O'BRIEN, I NC. )
TITLE: N.E. 8TH STREET. N.E. 3RD AVENUE AND DIXIE BLVD.
INTERSECTION
This Service Authorization, when executed, shall be incorporated
in and shall become an integral part of the Contract, dated
, between the Ci ty of Delray Beach and
O'Brien, Suiter & O'Brien, Inc.
I. PROJECT DESCRIPTION
Reconstruction of intersection of N.E. 8th Street, N. E. .
3rd Avenue and Dixie Boulevard Intersection.
II. SCOPE OF SERVICES
Provide Route Survey of 1800 feet of right of way at
intersection of N.E. 8th Street, N.E. 3rd Avenue and Dixie
Boulevard. Prepare drawing of same.
III. BUDGET ESTIMATE OF SERVICES ,.
,
$1800
IV. COMPLETION DATE
10 days from authorization
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This service authorization is approved contingent upon the
City's acceptance of and satisfaction 'with the completion of the
services rendered in the previous phase or as encompassed by the
previous service authorization. If the City in its sole
discretion is unsatisfied with the services provided in the
previous phase or service authorization, the City may terminate
the contract without incurring any further liability. The
CONSULTANT may not commence work on any service authorization
approved by the Ci ty to be included as part of the contract
without a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH O'BRIEN, SUITER & O'BRIEN, INC.
Date Date .#1jt:l:5J, ~.~ //t?~
.
Thomas E. Lynch ohn K. We i g an , P.I..S.
Mayor Secretary/Treasurer
Attest:
BEFORE ME, the foregoing
instr~nt, tl~S 1?9th day
Approved as to legal of Zt.rLt~ , 1991,
was ackno ledged by J.ohn K.
Sufficiency and Form Weigand on behalf of the
, Corporation and said person
executed the same free and
voluntarily for the purposes
there-in expressed.
WITNESS my hand and seal in
the County and State foresaid
thi ~ day of
, 1991.
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Nofnl"f Public, Sfafe of Florida .
2 M Commission Expires Sept. S, 199
Y f . 4 h'lSuronce Inc.
Bonded 1nru 'tfoy. IJ,IO
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Agenda Item No.:
AGENDA REQUEST
Date: 9/11/91
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: 9/24/91
Description of agenda item (who, what, where I how much): Request City
Commission to approve Service Authorization No. #8 for O'Brien Suiter and O'Brien
fnr "'lIrveying N.E. 8th St. N.E. 3rd Ave and Dixie Blvd. Surveyin~ is needed for
vertical and horizontal alignments.
Fllnding Source 334-3141-541-60.62 Proiect 1191-32
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend City Commission to approve Service Authorization #8
for O'Brien Suiter and O'Brien Inc. for $1.800.00
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Department Head Signature: ~ ~ LA-J_.I f/t~/11
Determination of Consistency with Comprehensive Plan:
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City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available, ~/ NO
Funding alternative.:. ~_~ [41 tS4' (tJ 0 (if applicable)
Account No. & DeS~l.Pt~: ~~-=6 ~ -' {. l -)-
Account Balance: l,D
City Manager Review:
Approved for agenda: €S/ NO f~/l
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [!/vl
SUBJECT: AGENDA ITEM # , 3 - MEETING OF SEPTEMBER 24, 1991
MODIFICATION OF CONTRACT WITH PEROXIDATION SYSTEMS, INC.
DATE: September 20, 1991
The City entered into a contract with Peroxidation Systems, Inc. for
the supply of hydrogen peroxide and attendant equipment which is due
to expire on September 30, 1991.
The contract contains a renewal clause which allows three consecutive
one year renewal periods. St-ilff is recommending that the contract be
renewedj however, propose a modification to the original contract
prior to renewal.
The proposed modification would cap the annual contract cost at
$160,000. Previously, the contract called for a $200,000 annual
charge. In addition, the modification allows the City a credit in the
event the we use less than 95 gallons of hydrogen peroxide per day.
The contractor is also required to provide complete service and
installation of three additional dosing units.
Recommend approval of a modification to the contract with Peroxidation
Systems, Inc. and renew the contract for a one year period at a cost
not to exceed $160,000.
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 2UO NW 1st :\vl,cNUE '__DEI.RAY BEACH, FLORIDA 33444
L\CSl \IILE ~(J7i 27S- n))
MEMORANDUM
DATE: September 12, 1991
TO: City Commission
FROM: Susan Ruby, Assistant City Attorney
SUBJECT: Modification to contract - Peroxidation Systems
Inc.
The City entered into a contract with Peroxidation Systems,
Inc. for the supply of hydrogen peroxide and attendant
equipment which is due to expire on September 30, 1991.
The contract contains a renewal clause that allows three
consecutive one year renewal periods. The Environmental
Services Department wants to renew the contract for fiscal
year 1991/1992. Our office has prepared the attached
modification to renew the agreement.
The original contract is modified to provide that the
annual contract shall not exceed $160,000.00. Previously
the contract called for a $200,000.00 annual charge. In
addition, the modification allows the City a credit in the
event the City uses less than 95 gallons a day of Hydrogen
Peroxide. The contractor is also required to provide
complete service and installation of three additional dosing
units.
The modification, prepared by our office, requires City
Commission approval. By copy of this memorandum to the City
Manager, David Harden, our office requests that the
modification be placed on the City Commission's September
24, 1991 age .
cc: Bill Greenwood, Director of Environmental Services
Mike Offie, Superintendent of Maintenance
Bill Stratton, Jr., Customer Services Manager,
Peroxidation Systems, Inc.
perox.txt
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MODIFICATION TO AGREEMENT BETWEEN THE
CITY OF DELRAY BEACH, FLORIDA AND
PEROXIDATION SYSTEMS INC.
This Agreement is made this day of
, 1991 by and between the City of Delray
Beach, Florida (the City) , and Peroxidation Systems Inc.
(the Contractor).
WHEREAS, the City and the Contractor entered into
an AGREEMENT, awarded on April II, 1990, which was effective
from October I, 1991 through September 30, 1991, and;
WHEREAS, the AGREEMENT provided for a renewal
on an annual basis for three consecutive terms,and;
WHEREAS, the City and the Contractor are desirous
of renewing the AGREEMENT on the terms and the conditions
contained herein.
----- NOW, THEREFORE, FOR AND IN CONSIDERATION THE
MUTUAL COVENANTS SET FORTH HEREIN, THE PARTIES AGREE AS
FOLLOWS:
l. The recitations set forth above are
incorporated herein and made a part hereof.
2. The AGREEMENT, awarded on April 11, 1990, which
was effective for the. fiscal year 1990 through 1991, is
hereby amended to provide the following:
A. The AGREEMENT of the parties, which includes
the invitation to bid, the purchase order (number 19662)
and the terms, conditions and specifications, are modified
to provide the term of this AGREEMENT shall extend from
October I, 1991 until September 30, 1992. This extension of
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the AGREEMENT shall not negate the possibility of further
renewals as originally provided.
B. The Contractor shall provide the City with
complete service, which shall include all services contained
in the original AGREEMENT, plus the installation of three
new dosing units as proposed by Contractor in locations
acceptable to the City. The Contractor shall install the
three additional dosing units and provide all services in
relation to the three new dosing units as the Contractor is
required to provide to existing sites pursuant to the
AGREEMENT for no additional monthly service charge or
maintenance and equipment charges.
. C. The City shall pay the Contractor an amount not
to exceed One Hundred and Sixty Thousand Dollars ($160,000)
for all services. The Contractor shall be paid at the rate
---....
of Thirteen Thousand Three Hundred and Thirty Three Dollars
($13,333) per month. The City shall receive a credit if the
City's average use for the twelve month period of Hydrogen
Peroxide (50% Solution) is less than ninety five gallons per
day which shall be credited against the final payment. The
credit will be paid to the City at the rate of $0.395 per
pound (or $3.95 per gallon).
3. All terms and conditions contained within th.e
AGREEMENT effective for fiscal year 1990/1991 between the
City and the Contractor, except as may be in express
conflict with this modification to the AGREEMENT, shall
remain unaffected by this modification and shall remain in
full force and effect.
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IN WITNESS WHEREOF, the parties hereto have
entered into this modification to the original AGREEMENT
between the parties as of the day and year first written
above.
CITY OF DELRAY BEACH, FLORIDA
By:
MAYOR
ATTEST:
City Clerk
Approved as to Form:
City Attorney
CONTRACTOR
-- Peroxidation Systems Inc.
Witness:
By:
Title:
State of
County of
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above
to take 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 . 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.
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SWORN TO AND SUBSCRIBED before me this day
of , 1991.
Notary Public
My Commission Expires:
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf~1
SUBJECT: AGENDA ITEM # SIC - MEETING OF SEPTEMBER 24, 1991
PROPOSED CONTRACT MODIFICATION/WATER TREATMENT PLANT LIME
SOFTENING CONVERSION PROJECT
DATE: September 20, 1991
This item is before you to approve a proposed contract modification
for the Water Treatment Plant Lime Softening Conversion Project. This
modification provides for liquidated damages against the contractor in
the amount of $500 per day for delays to the project beyond the
contracted period. Likewise, the modification provides a reward
clause for early substantial completion of the project of $500 per
day, up to $30,000. The cost of the reward would be off-set by
savings for the resident engineer presently included in CH2M Hill's
existing engineering contract. This proposed modification would
encourage the contractor to complete project ahead of schedule.
Recommend approval of a modification to the contract for the Water
Treatment Plant Lime Softening Conversion Project which provides for
liquidated damages and a substantial completion reward clause.
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AGREEMENT
THIS AGREEMENT is dated as of the day of
, by and between the City of Delray Beach,
Florida hereinafter called the CITY, and ,
hereinafter called CONTRACTOR.
OWNER and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in
the Contract Documents. For the project entitled:
WATER TREATMENT PLANT IMPROVEMENTS
(CONVERSION TO LIME SOFTENING)
CITY OF DELRAY BEACH PROJECT NO: 91-22
CONSULTANT PROJECT NO: SEF 30787.B2
Article 2. CONSULTANT.
The Project has been designed by CH2M Hill, who is hereinafter
called CONSULTANT and who will assume all duties and
responsibilities and will have the rights and authority
assigned to CONSULTANT in the Contact Documents in connection
with completion of the Work in accordance with the Contract
Documents.
Article 3. CONTRACT TIME: LIOUIDATED DAMAGES AND EARLY
COMPLETION REWARD
3.1 The work will be substantially completed within 335
calendar days from the date of the Notice of Proceed,
when the Contract Time commences to run, as provided
in paragraph 2.3 of the General Conditions, and
completed and ready for final payment in accordance
with paragraph 14.13 of the General Conditions within
365 calendar days from the date of when the Contract
Time commences to run or 30 days following the date
of Substantial Completion, whichever occurs first.
3.2 Liquidated Damages. The CITY and CONTRACTOR recog-
nized that time is of the essence of this Agreement
and that the CITY will suffer financial loss if the
Work is not completed within the times specified in
paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General
Conditions.
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Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: 9/18/91
Consent
_ nr'Jll1R'I'" Agenda _Special Agenda _Workshop Agenda
When: 9/24/91
Description of agenda item (who, what, where, how much)_
Request City Commission to implement an early completion reward clause
for early construction completion of the Water Treatment Plant Lime
Soft'pnin~ Convprf::ion ProjeC't' No. 91-22. Liquidated damages would be
f::Pt' ~t' $ ~nn/n~y ~;t'n ~ ~Away.dclause of $ SOO/dav for early completion
up to a maximum of $ 30,000. .
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends ap roval of the early completion re-
ward of $ SOD/day up 0 a max~mum 0
off-set b~ savings for the resident engineerTtresently included in
CH2M Hill s existing engineering contract. is recommendation would
encourage the contractor to complete project ahead of schedule and
benet~t all the ut~l~ty customers. ~
Department Head Signature: d/ /;/ ..... ~"''-'.IJ--.f) fl/~I,/
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 I)' /I
Hold until: ~ 7V /
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt7v'1
SUBJECT: AGENDA ITEM # r L - MEE'rING OF SEPTEMBER 24, 1991
AUTHORIZATION TO FILE AMICUS CURIAE BRIEF/DIMMITT CHEVROLET
V. SOUTHEASTERN FIDELITY INSURANCE COMPANY
DATE: September 20, 1991
This item is before you to authorize the City Attorney's office and
the Law Offices of Wolpe, Leibowitz, Berger and Brotman to file an
amicus curiae brief in the above subject case. The fili, , of an
amicus curiae brief is the methodology for interested parties to have
a voice in important litigation when they are not directly involved in
the lower court proceedings. This matter is of a vital importance to
our case - pursuing payment of the Aero-Dri Judgment through
litigation with the insurance companies. A detailed staff report is
attached as backup material for this item.
Recommend that the City Attorney and the Law Offices of Wolpe,
Leibowitz, Berger and Brotman be authorized to submit an amicus curiae
brief in the Dimmitt Chevrolet v. Southeastern Fidelity Insurance
Company matter.
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[ITY DF DElHAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSI1\IILE 407/278-4755 Wit ' Di t Li
r er s rec ne
(407) 243-7092
MEMORANDUM
Date: September 20, 1991
To: City Commission ~
Jeffrey S. Kurtz, City Attorney ~
From:
Subject: Filing an Amicus Curiae Brief in the Dimmitt
Chevrolet v. Southeastern Fidelity Insurance
Company
The City is currently pursuing payment of the Aero-Dri Judgment
through litigation with the insurance companies as to whether
their policies exclude coverage in this kind of a contamination
case. There has been a great deal of litigation in this area
in recent years with courts throughout the country ruling both
ways on the pollution exclusion clause. No Florida court up
until this time has ruled on the issue although the United
States District Courts for Florida have. As a result of one of
those rulings by the District Court, the judgment was appealed
to the 11th Circuit Court of Appeals. The 11th Circuit Court
of Appeals then certified the question of how the pollution
exclusion clause should be treated under Florida law to the
Florida Supreme Court. Therefore, the issue is before the
Florida Supreme Court and in all likelihood will have a direct
bearing on the outcome of our litigation as the Supreme Court
will make the definitive ruling with respect to Florida law on
the pollution exclusion clause.
Since this matter is of vital importance to our cas~ it is my
recommendation that the City Commission authorize the City
Attorney's Office and the Law Offices of Wolpe, Leibowitz,
Berger & Brotman to file an amicus curiae brief in the case.
The filing of an amicus curiae brief is the methodology for
interested parties to have a voice in important litigation when
they are not directly involved in the lower court proceedings.
Although the legal issues are virtually the same, our factual
situation is different from the Dimmitt Chevrolet case and I
feel it would be important for the Supreme Court to have our
case in front of them when they decide this issue.
This item will be placed on your consent agenda granting the
City Attorney's Office and Mr. BergeL's office the authority to
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Memo to City Commission
September 20, 1991
Page 2
file such a brief. Should you have any questions concerning
this matter, please do not hesitate to contact our office.
JSK: jw
dimmitt2.txt
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~(
SUBJECT: AGENDA ITEM # r ~ - MEETING OF SEPTEMBER 24, 1991
REJECT OFFER OF JUDGMENT/CITY OF DELRAY BEACH VS.
UNITED STATES FIDELITY AND GUARANTY COMPANY
DATE: SEPTEMBER 18, 1991
This item is before you to reject an Offer of Judgment in the
amount of $5,001.00 from United States Fidelity and Guaranty
Company. This case involves defects in workmanship while Solo
construction Company was installing the golf course water line.
It is anticipated that costs to repair those defects will be
approximately $50,000.00.
Both the City Attorney's office and outside counsel recommend
that this offer be rejected.
Recommend rejection of the Offer of Judgment in the amount of
$5,001.00 from United States Fidelity and Guaranty Company.
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[ITY OF DELRAY BEA[H 'j
CITY ATTORNEY'S OFFICE 200 NW ISl AVENUE' DELRAY BEACH, FLORIDA 33444
FACSI!\llLE 407/278-4755 Wr~t_r'. D~r_ct ~~n_
(407) 243-70~2
MEMORANDUM
Date: September 6, 1991
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To: City Commission
From: Jeffrey S. Kurtz, City Attorney
,
Subject: City of Delray Beach v. United St~tes Fidelity and
Guaranty Company
The City has received an Offer of Judgment in the amount of
$5,001.00 from the defendants in this matter. It is our
offiCe's recommendation, and outside counsel's recommendation
that this offer be rejected.
This case involves defects in workmanship while Solo
Construction Company was installing the golf course water line.
It is anticipated that costs to repair those defects will be in
the neighborhood of $50,000.00. It is therefore our recommen-
dation "t'nat this matter be placed on the september 24, 1991
consent agenda to be rejected.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK: sh
cc: David Harden, City Manager
Bill Greenwood, Director of Environmental Services
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fYi'1
SUBJECT: AGENDA ITEM # ~.~ .- MEETING OF SEPTEMBER 24, 1991
AUTHORIZATION TO EXECUTE AGREEMENT/GULFSTREAM BOULEVARD
DATE: September 20, 1991
This item is before you to authorize the execution of an agreement
with the City of Boynton Beach for landscape improvements to
Gulfstream Boulevard. The agreement, along with a copy of the
landscape plan are attached as backup material for this item.
Recommend authorization be granted to execute an agreement with
Boynton Beach for the landscaping of Gulfstream Boulevard.
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INTERLOCAL AGREEMENT
This Interlocal Agreement for landscaping
improvements to Gulfstream Boulevard is made and entered into
this day of , 1991, by and between the
CITY OF DELRAY BEACH, FLORIDA, a municipal corporation,
or9anized and constituted in accordance with the laws of the
State of Florida (hereinafter referred to as, "lJelray B~ach")
and the CITY OF BOYNTON SEACH, a Florida municipal corporation
.
organized and constituted in accordance with the laws of the
State of Florida (hereinafter referred to as, "Boynton Beach").
W IT N E SSE T H :
WHEREAS, it is the intention of the parties hereto to
enter into an interlocal agreement 1n accordance with the
"Florida Interlocal Cooperation Act" , Chapter 16.3, Florida
StatuteS;--- and Chapter 166, Florida Statutes, in order that
landscaping improvements to Gulfstream Boulevard may be
implemented; and
WHEREAS' , it 1s the 1ntent of the Local Government
Comprehensive Planning and Plan Development Regulation Act,
Section 163.3161(4), Florida Statutes, to encourage and ensure
cooperation between anq, among the local government entities to
provide for the coordination of development activities of units
of local 9overnment;' and
WHE~EAS, this Agreement is entered into under the
authority ot Section 163.01, Florida Statutes; and
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WHEREAS, it is in the interest of both Delray Beach
,
and Boynton Beach to improve and upgrade the appearance of
Gulfstream Boulevard which borders both cities; and
NOW, THEREFORE, 1t 1s agreed by and between the
parties that each will contribute their efforts to the other to
provide landscaping improvements to Gulfstream Boulevard and in
consideration of the covenants herein contained, the parties
agree as follows:
o.
1. Delray Beach shall have the following responsi-
bilities with regard to the landscaping improvements on
Gulfstream Boulevard:
a. Preparation of landscape design and specifica-
tions;
b. Coordination and costs of obtaining 1rrigation
-..- designs and specifications, utilizing a well and
pump in lieu of city water;
c. Apply for water use permits from the South
Florida Water Management District and pay
associated application fees;
d. Development of bid document;
d. Coordination and evaluation of landscape and
irrigation bids;
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e. Administration and field inspections for instal-
lation ot landscaping and irrigation pursuant to
a contract to he entered into by Delray Beach
and a contractor;
f. Funding half the cost of the project
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improvements; and
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g. Funding half the cost of the annual maintenance
contract.
2. Boynton Beach shall have the following responsi-
bilities with regard to the landscaping improvements on
Gulfstream Boulevard:
a. Removal of existing ficus trees;
b. Repairs to existing curbing;
c. Future tree pruning;
.
d. Preparation of landscape maintenance specifica-
tion;
e. Coordination of landscape maintenance bid;
f. Administration of landscape maintenance
contract;
g. Maintenance of irrigation sy~tem;
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h. Funding half the cost of project improvements;
1- Funding ~a~f the cost of the annual maintenance
contract.
3. Delray Beach and Boynton Beach shall equally
divide the estimated project costs of $35,600.00. The project
costs will be used for installation of the landscaping and
irri9ation system based on revised Scheme NO.1, attached hereto
as Exhibit" "A" and incorporated herein by reference. payments
shall be coordinated through the respective Finance Departments
ot Oelray Beach and Boynton Beach.
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4. This Agreement shall be construed in accordance
I
with the laws of the State of Florida.
5. This Agreement may be amended only in writing,
executed by both parties to this Agreement.
6 . If any term or provision of this Agreement
shall, to any extent, be deemed invalid or unenforceable, the
remainder of the Agreement shall be enforced to the fullest
extent of the law.
7 . This Agreement shall take effect upon its
execution by both parties and its filing with the Clerk of the
Circuit Court in and for palm Beach County, Florida.
8. Unless ,notice is given, this Agreement shall be
renewed on a yearly basis conunencIng the first of October. If
either party desires to terminate this Agreement, notice shall
be given to the other party prior to the first of August.
-...........
9. All notices provided for in this Agreement shall
be in writing and either hand delIvered or sent by certified or
registered mail to the party to be notified at the following
respective addresses which may be changed by written notice
only:
Delray Beach:
Office of the City Manager
100 N.W. 1st Avenue
Oelray Beach, Florida 33444
Boynton Beach:
Office of the City Manager
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
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Notice given by or to the attorney by either party
.
shall be effective as if given by or to said party.
IN WITNESS WHEREOF, the parties have caused these
presents to be signed by the duly authorized officers on this
day of , 1991.
CITY OF OELRAY BEACH, FLORIDA
ATTEST:
MAYOR
City Clerk
.
Approved as to Form and
'Legal Sufficiency:
City Attorney
CITY OF BOYNTON BEACH, FLORIDA
MAYOR
ATTEST:
........,-
City Clerk
Approved d8 to Form and
Legal Sufficiency;
City Attorney
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[M
SUBJECT: AGENDA ITEM # 1'0 - MEETING OF SEPTEMBER 24, 1991
AUTHORIZATION TO EXECUTE UDAG GRANT AGREEMENT AMENDMENT
DATE: September 20, 1991
This item is before you for authorization to execute a formal
amendment to the UDAG Grant Agreement.
At your August 13th meeting the Commission approved a request from
Auburn Trace Joint Venture to formally amend the UDAG Grant Agreement
with regard to the terms of the repayment of the UDAG loan and the
repayment of the balloon portion of the purchase money mortgage.
Subsequently, the amendment request was forwarded to the Department of
Housing and Urban Development for review and approval. That approval
has been received and a formal amendment forwarded to us for
execution.
Recommend authorization be granted to execute the the formal amendment
to the UDAG Grant Agreement.
,Ifill
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MEMORANDUM
TO: DAVID HARDEN, CITY MANGER
COMMUNITY IMPROVEMEN~
FROM: LULA BUTLER, DIRECTOR,
SUBJECT: AMENDMENT TO UDAG GRANT AGREEMENT
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DATE: SEPTEMBER 17, 1991
ITEM BEFORE THE CITY COMMISSION:
- --
Request City Commission consideration to give the City Manager
authorization to execute the revised UDAG Grant Agreement.
BACKGROUND:
On August 13, 1991, the City Commission approved the Auburn Trace
Joint Venture's request to formally amend the UDAG Grant
Agreement concerning the terms of the repayment of the UDAG loan
and the repayment of the balloon portion of the purchase money
mortgage for the land acquisition.
The amendment request has been reviewed and approved by the Dept
of Housing and Urban Development. It is considered to be minor
and non-impacting. We have received the formal amendment for
execution.
RECOMMENDATION:
We would recommend that the City Commission authorize the City
Manager to execute the amended grant agreement pursuant to
approvals by both the Commission and U.S. Dept of HUD.
LB:DQ
Attachments
dl0
ATJV2.AM
'1"'1
.,~'",O', U.S, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
/' '~rll~" \ WASHINGTON, D,C. 20410-7000
'*1-;'*0
. I .
. ~
o ..~
(,.'O$4~ O[~\,,-o"
OFFICE OF THE ASSISTANT SECRETARY FOR
COMMUNITY PLANNING AND DEVELOPMENT ....
"-'-t t . ".
SEP 9 1991 Sf: - ~ l f/~ E,' l~
l..P 13 "~
CITy , 1991
Mr. David T. Harden MA/~'AGfR's
City Manager OFnC[
100 N.W. First Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
SUBJECT: Second Amendment to UDAG Grant Agreement
City of Delray Beach, Florida
Grant Number: B-88-AA-12-0099-(P)
Project Name: Auburn Trace Apartments
Enclosed for your signature are four (4) copies of the
Amendment to the above Grant Agreement. I have signed all
copies. If the Amendment meets with your approval, kindly
sign all four (4) copies at the place indicated.
When you have signed the copies of the Amendment, please
forward two (2) executed duplicate originals of the Amendment
to the appropriate HUD Field Office. In addition, one (1)
executed duplicate original of the Amendment should be
immediately forwarded to:
U.S. Department of Housing and Urban Development
Office of Economic Development
451 Seventh Street, S.W., Room 7136
Washington, D.C. 20410
The copy retained by you should be attached to your
copy of the executed Grant Agreement.
Very sincerely yours,
/1 /\ I-
/ / ' J I
(;leU [ ,,6v-~
Roy O. Priest
Director
Office of Economic
Development
Enclosures
""
. UNITED STATES DEPARIMENT OF HOUSI~ AND URBAN DEVELCFMENT
ASSISTANT SECRETARY FOR CXl>lMUNITY PLANNI~ AND DEVELOPMENT
Office of Urban Developrrent Action Grants
AMENDMENT/REVISED
UDAG GRANT PiGREEMENl'
Urban Developrrent Action Grant
Under Section 119
of the
Housing and Coll1ll.lnity Developrrent Act of 1974
fPublic Law 93-383, as Amended)
C2
Name of Recipient: UIl/l.G Grant Nunber:
City of Delray Beach, Florida B-88-AA-12-0099-(P)
(Auburn Trace Apartments) Amendnent No. 2
Address of Recipient: Preliminary Approval Date:
.
Mr. David T. Harden
City Manager
100 N.W. First Avenue February 4, 1988
De1ray Beach, Florida 33444
C182 .,
Anount of Grant:
$3,840,000
UIl/l.G OFFICE USE OOLY
D Revised Grant Agreenent o AmenclnEnt D Reduction
C641 Action Deobligation Anount:
C630 Action Monitor: R. Herbert C620 Action Attorney: B. Anderson
C635 Action Typist: L. Covington C202 First LBC Due Date:
C645 Action HUD Sign Date: SEP 9 1991 C203 LBC Code S (Single)
M (Multiple)
DATA SYSTIlo\S USE OOLY
C181 Number of Transactions
C198 Construction Jobs: C196 Retained Jobs:
C190 New Permanent Jobs: 30 C191 ~;Mod New Permanent Jobs:~
C192 CETA OJalified New Permanent Jobs: ~ C193 Minority New Perm Jobs: .
18
C174 Private Investment: $ 1,688,000
C172 Other Public Investment: $
Colmencenent Date Conpletion Date
Land Acquisition C452 C458
Construction C462 C468
Capital Equiprent C472 C478
Other Activity C482 C488
...-
-..,..---- -_._-----~----- .._._..~.~.__.-.--.__.-'._--..- --...,." ----.-..----- ..
."
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SEcx:tID AMENLMENT TO GRANT AGREEMENT
URBAN DE.VELOPMENI' ACITON GRANTS
Name of Recipient: urw:; Grant Nurrber:
City of Delray Beach, B-88-AA-12-0099-(P)
Florida Arrendrrent No. 2
This Second Arrendrrent is made and entered into, by and between
THE SECRETARY OF HOOSINJ l'ND URBAN DE.VELOPMENT, acting by am throogh
the Assistant Secretary for ColTV\'l.lnity Planning and Developrent, as
representative of the united States of Arrerica (the "Secretary"), and
the City of Delray Beach, Florida (the "Recipient").
WITNESSETH
----------
WHEREAS, the Secretary and Recipient have entered into that certain
UDl\G Grant Agreerrent executed by the Secretary on May 4, 1988 and by the
Recipient on June 30, 1988 (the "Grant Agreerrent"); and .
WHEREAS, the Secretary and Recipient have entered into a First Arrendrrent
to the Grant Agreerrent executed by the Secretary on April 3, 1989 and by the
Recipient on June 22, 1989; and
WHEREAS, the Secretary and Recipient new. ~sire to amend the Grant Agreerrent
to further facilitate the consummation of the transactions contemplated therein;
NCM, THEREFORE, in consideration of the pranises and the Illltual covenants and
agreerrent set forth herein, the Secretary and Recipient (under ~ction 119 of the
Housing and COI1T11,.mity Developrent Act of 1974, as amended) Illltually agree that the
Grant Agreerrent be and hereby is amended as follOit/s:
Exhibit E, Page 3 of 9 is deleted in its entirety and the attached new
Exhibit E, Page 3 of 9 is substituted in lieu thereof.
AMENLMENT Page 1 of 2
.--_._-_..,._-~ ._------~---_.---,.._,---------_. -------- ..
'~I~
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. .
Recipient: City of Delray Beach, Florida Grant Number: B-88-AA-12-0099-(P)
Arrendnent No. 2
. In WITNESS WHEREOF, the parties hereto have executed this Arrendrrent to
this UDI\G Grant Agreerrent on the dates hereinafter written.
SI~
The foregoing Arrendrrent to the Graht Agreerrent nurnt:ered B-88-AA-12-0099-(P)
is hereby authorized and .'awroved.
mE SECRETARY OF R:xJSIl'l> AND URBAN DEVEI.OFMENT
Date: q!rt/9; BY: (Z~Q t/. ~~~
,
Roy O. Priest
Director
Offioe of Econanic Developrrent .
ACCEPI'ANCE
The foregoing Arrendrrent to the Grant ~~.~nt numbered B-88-~12-0099-(P)
and authorized and approved by the Departrrent of Hoosing and Urban Developrrent,
as sham above, is hereby accepted by the Recipient.
CITY OF DELRAY BEAOI, FLOiUD.\
Date: BY:
Mr. David T. Harden
City Manager
.
AMENLMENT Page 2 of 2
-.- . '. -.--.-- --,.._--"~.' _._-------------_.------_.__.._._.',---_._~. .'._.. '.'_'__'_,.__ ,____..__,n_.___ . ---.._----- -"-_._..._---'-- ..
~II~
I""
. "Recipient: Delray Beach, Florida Grant Nuni:>er: B-88-AA-12-0099-(P)
Arrendmmt No. 2
Continuation Sheet - Exhibit E
c) All of the requirerrents for draw dc1.m of Grant
Funds set forth in Paragraph I (b) of Exhibit F to this Grant Agreerrent
have been satisfied;
d) Developer has expended not less than $1,700,000
of equity funds for Eligible costs of the Project.
After the aoove req~irerrents have been satisfied, UDAG Loan funds
may be drawn dCMTl and disrursed for use in accordance with Exhibit D to
this Grant Agreerrent in a ratio, to countable private funds of not m:>re
than $1. 00 of UDP.G Loan funds to $2.26 of countable private funds
expended on the Project including the funds above required to be expended
prior to disrurserrent of UDP.G Loan funds. "Countable private n funds rrean
.
the funds described on line r. of Exhibit D to this Grant Agreerrent.
(bb) Permanent UDP.G Loan -
(i) Term - Term of the Permanent UDAG Loan shall
be 15 years comrencing upon oonpletion of o::>l1~~ruction, rut in no event
later than DeceIOOer 31, 1990.
(H) Principal - The principal amount of the
Permanent UDAG Loan shall be the amount disrursed under the Interim
UDJ\G Loan.
(Hi) Interest - The interest rate shall be 3% per
annum.
(iv) Repayrrent - IAIring years cne through five,
principal payrrents shall be deferred and interest shall be accrued and
OOlTQOUnded at 3%. This interest amount is payable in a single payrrent
at the end of the term. Thereafter, repayrrent of principal and interest
shall be made in equal m:>nthly installrrents in accordance with a 25 year
arrortizaticn schedule during the Term of the Permanent UDAG Loan. HCMever,
repayrrent of principal and interest due in years six and seven shall be
paid over 3 years beginning with year five in the amounts of $100,000 in
year 5, $150,000 in year 6 and $187,034 in year 7. A balloon payrrent
.
sufficient to payoff the entire outstanding indebtedness of principal,
plus accrued and unpaid interest shall be made at maturity of the
Permanent UDP.G Loan.
EXHIBIT E Page 3 of 9
--"". ----------"~---------~---------_.._--.._._----_.......__.~--._--------,--- - ..._------_.._.._--~- .
","
'" ' - .
, Agenda I t,em No.:
AGENDA REQUEST
Date: 9/18/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 9/24/91
Description of agenda item (who, what, where, how much):
Authorization to Execute UDAG Grant Agreement Amendment
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Approve
Department Head Signature: #4-/ &~~ ::::::::..:...-",
II
Determination of Consistency with Comprehensive Plan:
City Attorney Reviewj Recommendation (if applicable):
Budget Director Revlew (required on all ite.s involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YESj NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
..
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY NANAGER[,IJ(
SUBJECT: AGENDA ITEM # 8P - MEETING OF SEPTEMBER 24, 1991
WATER SERVICE AGREEMENT/14838 WHATLEY ROAD
DATE: September 20, 1991
We have received a request for a modification of the standard water
service agreement from the property owner at 14838 Whatley Road in the
Country Club Acres subdivision. Previously, the Commission authorized
the Administration to execute standard water service agreements for
this subdivision. However, as the property owner has requested a
modification to the agreement, Commission action is appropriate.
The modification, as requested, provides that the voluntary annexation
clause will apply only in the event of simultaneous annexation of a
majority of the property contained in Country Club Acres, First and
Second Additions. The owner desired the clause so that individual
annexations could not be forced.
Staff supports this request as it is our intent, in any event, to only
annex the subdivision as a whole.
Recommend approval of a modification to the standard water service
agreement for property at 14838 Whatley Road and authorize the
execution of said water service agreement.
II'~
. ...
.~ 1
--V
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
\ . ,
I \ \ )
, 'c.. \ ~
! . \ ,
\ ' ,.... ' \
FRo~: '~~~'---Y.KOVACS, 'DIRE~J~~.-----
-------DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 24, 1991
WATER SERVICE AGREEMENT (MACRAE) COUNTRY CLUB ACRES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a water service agreement which has a special
provision.
The property is located at 14838 Whatley Road, Country Club
Acres. The owner is Mrs. MacRae who lives at 1121 N.W. 5th
Avenue.
BACKGROUND:
While the City Commission has authorized the Administration to
execute standard water service agreements in this subdivision,
the agreement under consideration does have a special clause
which has been inserted at the request of the property owner.
The clause provides that the voluntary annexation clause will
apply only in the event of simultaneous annexation of a majority
of the property contained in County Club Acres, First and Second
Additions.
The owner desired the clause so that individual annexations could
not be forced. The Director of Planning suggested the language
and supports the change since it is our intent to only annex the
subdivision as a whole in any event. An Assistant City Attorney
had determined that the change is substantive and thus requires
City Commission review and approval.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not formally reviewed this
item; nor is it required to do so.
City Commission Documentation
Water Service Agreement (MacRae) Country Club Acres
Page 2
RECOMMENDED ACTION:
By motion, approval of the revised water service agreement for
Thomas and Katharine MacRae; and, further, that the
Administration is authorized to execute similar agreements
throughout Country Club Acres, First and Second Additions.
Attachments:
* Subject Water Service Agreement
* Related correspondence
DJK/#86/CCMACRAE.TXT
*. - '.-.. _'__~_____'4_______'___'._______'__ _.. _ - - - -,*... -_......~.._-...---_--.._-_.. -.........
':10<
[ITY DF DELRAY BEA[H ~ c . .
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr~t_r'. D~r_ct L~n_
(407) 243-7081
MEMORANDUM
DATE: September 11, 1991
TO: Jasmin Allen, Planner II
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Water Service Agreement - Katherine A. McCrae and
Thomas L. McCrae
I have reviewed the attached water service agreements and find
that Paragraph 4 must be altered pursuant to our previous
discussions.
In addition, the standard water service agreement contains a
standard annexation clause in Paragraph 7. The McRae agreement
altered the annexation clause. The alteration proposed by the
McRaes states that it is understood that customer voluntary
peti tioRS....... for annexation to the City of Delray Beach only in
event of simultaneous annexation of a majority of the property
contained in Country Club Acres, Country Club Acres, first
edition, and Country Club Acres, second edition. This proposed
modification constitutes a substantial change in the standard
agreement and thus to be permitted must be placed on a City
C ission agenda for their approval.
\
cc David Kovacs, Director of Planning and Zoning
C'" ~-- __ ___ __ ._----.,,---:::-~
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. .. ~ ..
-"....-
11'11
AGREEMENT FOR WATER SERVICE
This agreement, made on this . day of , 19 -'
by and between Thomas L. MacRae and Katharine A. MacRae, his wife ,
hereinafter called the CUSTOMER, and the CITY OF DELRAY BEACH, a
municipal corporation of the State of Florida, hereinafter called
the CITY.
WITNESSETH, that the CUSTOMER, his heirs and assigns, for and
in consideration of the privilege of receiving water service from
the Municipal Water System, agrees to the following:
l. 'I'he-CUS'I'eMeR--e:grees--~o--1tar1rl-r--~s---of---engf neerlnq,
ma-toEH:'-h3:! B,--l-a B&r-r -- &upe Ev4-&!-eA-,---! R&pest4-GR-r- --t;.e.sU.nq.-- 4~- - 9C-der---t;.o
-i.'f\5t tH:-~ -the- -toe-t-a-~-l enq-to R-* ~K.t.-ef\S 4. ~-Reee&saf:Y-r -!i\- -t.he-.pre f.e&s! ena.l:
op-ini-oft-&!---to Re- - -i3 i f:-ec-t.ef:- - -Gf-- -Iffiv4. -r~Rlent-a 1- -~E'V4.~7---t.e-- -pE'&Y44e
~rv-i.-ce--t.~--Ule---€~roMER-'-S---~m4.-E*}S . The CUSTOMER shall be
>1' responsible for the installation and conformance with all applicable
codes, rules, standards and regulations of all service lines, and
. ~ connections on the CUSTOMER'S premises. ~Re-~IT~--~R~~-~--~~
opt.!~-t.Q-.pe.~for-m-tAe--AQC9SS4l:Jf-~l:~-4~-.t.h$-C.J:~-IIULY--ha~.e--s uch.- -~k
pe.E'f.&I:'-meQ--by.-~l-Q~-t.GJ;~-lR-.wh.1Gh--Gase-~Q-WSTOHU-ah&11-.pay---i-n
advaflOe-a-l-l-~6.t.-l-ffiated--G9&t&-1oh&r~f...---IR--Ule-&vQ.Rt-.t.he-~~Y-ha&-8UGh
WO-E'k--peE'f&l:'-meQ.,-4;-Re-~T~-8M-l,.1-.c~1t--&uGh-.ad....aooe--f\H\ds -and--.an.y
adEI !.t.*Ra-l- -fiiREle--a s--ma-Y-OO--AEl€e&&af:Y--t.9- pa.y - f &1:'--10 h~-aG tva-l,.-GQfRP le.t.e4
pfe j~ -f-E>f:- -t.Re-~?l tena-l-eA--o.f.-6&r....... i: €.e8 .
2. Any main extension made under this agreement shall be used
only by the CUSTOMER, unless permission is granted by the CITY for
other party or parties to so connect. If the CITY requires upsizing
or increased capacity beyond what is determined to be adequate by
the Director of Environmental Services in size and/or capacity, a
pro-rata refund will be made directly to the CUSTOMER by the CITY to
compensate these additional costs. The CITY may also require
alternative bids to document the increased sizes or capacity to
establish these cost differences. The CUSTOMER acknowledges that
its right to receive any refund pursuant to this paragraph is
subordinate to any and all requirements concerning the City's
outstanding water and sewer revenue bonds.
3. Title to all mains, extensions and other facUities
extending from the CITY water distribution system to and including
the meter to service the CUSTOMER shall be vested to the CITY
exclusively.
4. The CUSTOMER agrees to pay all. charges I deposits, iJnd
~ rates ,for service and-equLp~- in connection with water service
~~ outside the CITY limits applicable under CITY'S ordinances and rate
schedules which are now applicable or as may be changed from time to
time.
5. Any rights-of-way or easements necessary shall be provided
by the CUSTOMER.
6. It is ~nderstood by the CUSTOMER, and shall be binding
upon the CUSTOMER, his transferees, grantees, heirs, successors and
assigns, that all water to be furnished, supplied, and sold under
this agreement is made available from a surplus. If a surplus does
not exist at the time of CUSTOMER'S actual request for conunencement
of service, as determined by the CITY'S Environmental Services
Director, then the CITY without liability may refuse to initiate
service to the subject premises.
7. The CUSTOMER further agrees in consideration of the
privilege of receiving water service from said CITY, that the
execution of this agreement is considered a voluntary petition for
annexation pursuant to Section 171.044 of the Florida Statutes or
any successor or amendment thereto.
Rev. 07/09/91
ill
Furthermore, should any other general law, special act, or local law
" be enacted which provides for voluntary or consensual annexation,
this agreement shall also be considered a petition and request for
annexation under such other laws. The premises shall be subject to
annexation at the option of the CITY at any time they are eligible
under any one or more of the above-referenced laws concerning
, annexation. The legal description of the subject premises is as
follows:
!
~ The North 50 feet of Parcel 3, COUNTRY CLUB ACRES, according to the Plat thereof
i
j on file in the Office of the Clerk of the Circuit Court in and for Palm Beach
.
j County, Florida, recorded in Plat Book 24, Page 10.
I
,1
i
The CUSTOMER acknowledges that this covenant for annexation is
intended to be and is hereby made a covenant running with the land -
hereinabove described. That this agreement is to be recorded in the
public records of Palm Beach County, Florida, and that the CUSTOMER
and all subsequent transferees, grantees, heirs, successors and
assigns of CUSTOMER shall be bound by this annexation agreement. See
7 a. page 3.
8. It is hereby agreed that the CITY shall have no liability
for the termination of water service to the premises, if the City
Commission shall determine that it is appropriate to protect the
public health, safety and welfare of the property or inhabitants in
the City of Delray Beach, so long as the premises remain outside of
the CITY limits. In the event the City Commission makes such a
determination, the CITY shall be and is hereby authorized to
discontinue water service to the premises upon ninety (90) days
notice given by the CITY.
In the event that the City Commission of the CITY determines that it
is necessary to permanently discontinue water service to the above
property, then the CITY shall execute a recordable release of this
annexation agreement which shall be recorded at the expense of the
CUSTOMER.
9. In addition to the limitation of the CITY'S liability .
under paragraph 8 above, it is agreed the CITY shall have no
liabili ty in the event there is a reduction, impairment or
; termination in water service to be provided under this agreement due
to any prohibitions, restrictions, limitations or requirements of
! local, regional, state or federal agencies or other agencies having
jurisdiction over such matters. Also, the CITY shall have no
liability in the event there is a reduction, impairment or
termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other causalities or other
circumstances beyond the CITY'S reasonable control.
10. The CUSTOMER hereby agrees to indemnify, defend and hold
harmless the City of Delray Beach, Florida, its Mayor, members of
City Commission, officers, employees, and agents (both in their
individual and official capacities) from and against all claims,
damages, lawsuits and expenses, including reasonable attorneys' fees
(whether or not incurred on appeal or in connection with
post-judgment collection) and costs arising out of or resulting from
the CUSTOMER'S obligations under or performance pursuant to this
agreement.
11. No prior or present agreements or representations shall be
binding upon any of the parties hereto unless incorporated in this
agreement. No modification or change in this agreement shall be
valid or binding upon the parties unless in writing executed by the
parties to be bound thereby.
'~I~
1"
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.
'" 1 12. The water use granted by this Agreement is for the
quantity of tap(s) located on the property described in
paragraph 7, -above. The water shall be in conjunction with
i use as depicted upon the plan known as
and approved by the
Delray Beach City Manager on . Any
water furnished under this agreement shall not be used for
irrigation purposes unless such use is specifically and separately
approved by the Director of Environmental Services.
\ 13. As an expressed condition of this Agreement, the CUSTOMER
,
< further agrees to abide by all ordinances of the CITY which are in
effect at the time of development, redevelopment, or renovation on
the site and which pertain to land use and development matters.
Such matters include, but are not limited to signage, landscaping,
architectural review and approval, and the CITY'S formal site plan
review and approval processes. However, no development requirements
of the CITY shall be imposed which shall have the effect of
diminishing a County development standard or requirement. In such
cases, the CITY requirement shall be subservient and no further
action of waiver or variance shall be required. -
..
14. Water service, pursuant to this Agreement, must be
activated within two years of the date of this Agreement or said
Agreement shall be void. This Agreement shall also become void upon
annexation to the City of Delray Beach.
Rev. 07/09/91
7a. It is understood that CUSTO}~R voluntarily petitions for annexation
to the City of Delray Beach only in the event of simultaneous annexation of a
majority of the property contained in Country Club Acres, Country Club Acres 1st
Addition, and Country Club Acres 2nd Addition.
.
,. ~._~ . '....'l(.~.
. , I
. , '
. I
IN WITNESS WHEREOF the parties hereto have executed this agreement
the day and year first written.
...
WITNESSES:
'C. f-(tI~e ::JJaU(~J-.- .:r;' /)
. (~~ ({, "';1-0<. 1f.4.-
; ~~~,__, (?iN.4 ___
~~ II fYJ,u~
Customer
. As Cus tomer
ATTEST: CITY OF DELRAY BEACH
City Clerk City Manager
LEGAL DESCRIPTION APPROVED cjt1~_ C tf)~t1
BY PLANNING DEPARTMENT
1 FORM APPROVED BY CITY ATTORNEY -
STATE OF )
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the county aforesaid
to take acknowledgements, personally appeared Thomas L. MacRae and
Katharine ft. MacRae. his wife, to me known to be the ~(s)
described in and who execute~e foregoing instrument and t(
acknowledged before me that J~~pt , executed the same.
WITNESS my hand and off ia~al~he County and State
last aforesaid this c?- 1'P- day 0 ~ ' 19 .
"~~
STATE OF )
COUNTY OF )
I HEREBY CERTIFY that on this day, before me an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared
and , well known to me to be the
President and secretary respectively of the corporation named in the
foregoing agreement and that they severally acknowledged executing
the same in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in them by said corporation
/ and the seal affixed thereto in the true corporate seal of said
corporation.
WITNESS my hand and official seal in the county and State
last aforesaid this day of , 19 .
(SEAL)
Notary Public
STATE OF )
COUNTY OF )
I HEREBY CERTIFY that on this day, before me an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared
and , well known to me to be the
City Manager and City Clerk respectively of the City named in the
foregoing agreement and that they severally acknowledged executing
the same.
WITNESS my hand and official seal in the County and State
., " last aforesaid this day of , 19 .
(SEAL)
Notary Public
~I "I
. , .
APPLICATION
for
\-lATER SERVICE AGREEMENT
Date:
t 1 ) Applicant Information:
Name of Project
(if applicable)
Name of Individual/s or Corporation MAC RAE THOMAS L 6.
KATHARINE A
Address 1121 NW 5 AV
City, State, lip De1ray Beach, FL 33444-2909
Person to Contact and Phone Number ~ HAC RAE THOMAS L - 6. ---.. -
- KATHARINE A' h (407) 265-0131 ~
Address to Which Executed Agreement is to be Sent: r
(Leave blank if same as above) . \
(2 ) Property Information:
Legal Description: (attach if insufficient space)
The North 50 feet of Parcel 3, COUNTRY CLUB ACRES, 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 24, Page 10.
Location (in Layman's terms) 14838 Whatley RD, Delray Beach, FL 33445
Address 14838 Whatley RD, Delray Beach, FL 33445
Present Zoning AR
Present Use Res iden t ia 1
Proposed Use Residential
4/23/84
. Cppt~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf~
SUBJECT: AGENDA ITEM # Ir.~ - MEETING OF SEPTEMBER 24, 1991
ADDITIONAL OUTSIDE LEGAL CONSULTING FEES
DATE: September 20, 1991
This item is before you to approve a budget transfer in the amount of
$7,000 to cover the cost of additional outside legal consulting fees.
The need for additional funds is due to Carson and Linn's role as lead
negotiator in our union negotiations. As these services were labor
related in nature, it is recommended that the $7,000 be transferred
from the Human Resources Department.
Recommend approval of a budget transfer in the amount of $7,000 from
Human Resources Salary Surplus (Account No. 001-1311-512-11.12) to
City Attorney Legal Services (Account No. 001-1611-513-33.13) .
,11'"
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 20U, ~W 1st AVE~N~E . Dq.ft'it~~r;~, ~~~~~t34f.4!ne
FACSIMILE 4()7!~7E-475.5 (407) 243-7092
MEMORANDUM
Date: September 19, 1991 ~ftv
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Additional Outside Counsel Fees
Our File #14-90.001
In order to pay remaining outside legal counsel bills, it will
be necessary to transfer funds from another source to the City
Attorney's Office's budget. As I have indicated in past
discussions with the City Commission, the need for additional
funds is due to Carson and Linn's role as lead negotiator in
our union negotiations, which was not contemplated in the
1990-91 budget discussions. It appears that an infusion of
$7,000 will enable us to close out the year as the bulk of the
legal services item overrun has been handled through adjust-
ments and savings in other areas of the City Attorney's budget.
The approved City Attorney's Office's budget for 1990-91 was
$610,520 which was reduced in mid-year along with other budget
adjustments by $7,500 to $603,020. Therefore, the present
increase of $7,000 would keep us within the budget that was
originally approved by the Commission.
It is my understanding that the Human Resources Department has
remaining funds principally in their consulting, other profes-
sional services, civil service, and PERC Board line items, and
as these costs were principally incurred in the labor relations
area, I would suggest that those Personnel line items be used
as the source of funds. This item will be placed on Commis-
sion's September 24, 1991 consent agenda to authorize an
inter-departmental transfer of funds in the amount of $7,000
from the Human Resources Department to the City Attorney's
Office.
Should you have any further questions regarding" this matter,
please do not hesitate to contact the City Attorney's Office.
JSK: jw
cc: David Harden, City Manager
John Elliott, Assistant City Manager
Yvonne Kincaide, Budget Officer
addlfees.txt
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 1M
SUBJECT: AGENDA ITEM # ~ I? - MEETING OF SEPTEMBER 24, 1991
REQUEST TO ERECT A TEMPORARY TENT/TROPIC PLANT SALES
DATE: September 20, 1991
We have received a request from Tropic Plant Sales to erect a
temporary tent on an out parcel at the Delray Town Center Mall from
September 27th through October 13th for the purpose of selling plants
and flowers.
In accordance with Section 150.102 of the Code of Ordinances, with
Commission approval, the tent is permitted since the purpose is to
protect the public from the elements during public assembly. The
necessary permits and requirements have been applied for and approved.
Recommend approval of the request from Tropic Plant Sales to erect a
tent on an out parcel at the Delray Town Center Mall from September
27th through October 13th.
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~
SUBJECT: TENT APPROVAL FOR TROPICAL PLANT SALES TO BE LOCATED AT
DELRAY TOWN CENTER FROM SEPT 27 .::. OCT 13, 1991 -
DATE: SEPTEMBER 18, 1991
ITEM BEFORE THE COMMISSION:
- -
The City Commission is requested to consider granting permission
for the erection of a tent at Delray Town Center from September
27 through October 13, 1991 for the purpose of selling flowers
and plants to promote Tropical Plant Sales.
BACKGROUND:
The owner and management of the Delray Town Center, located at
the northeast corner of Military Trail and Linton Blvd, are
requesting permission to place a tent at this site for the
purpose of selling flowers and plants to promote Tropical Plant
Sales, which is located at 2824 Banyan Blvd Circle, NW, Boca
Ra ton. The tent, tractor trailer and 2 "Tropical Plant Sales"
signs bolted to the trailer will be located in the out parcel
tract at the Delray Town Center.
In accordance with Sec. 150.102 of the Code of Ordinances, with
Commission approval, the tent is permitted since the purpose is
to protect the public from the elements during public assembly.
The necessary permits and requirements have been applied for and
approved.
RECOMMENDATION:
The Department of Community Improvement recommends approval for
the erection of a tent from September 27th to October 13th, 1991
on the Delray Town Center out parcel tract for promotional
purposes.
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TownCtr.CC
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TROPICAL PLANT SALES
2824 Banyan Boulevard Circle, N. W.
Boca Raton, FL 33431
(407)994-3386
September 27, 1991
Ms. Lula Butler
Director of Community Development
City of Delray Beach
City Hall
Delray Beach, Florida
FAX: 243-3774
Dear Ms. Butler:
Please present this matter for consideration at the City
Commission meeting on September 24, 1991.
Tropical Plant Sales would like permission for a shopping center.
promotion at the Delray Town Center which is at the northeast
corner Military Trail and Linton Boulevard.
The sale would take place on the vacant land outparcel at the
corner of Military Trail and Linton Boulevard from Friday,
September 27th to Sunday, October 13, 1991. A tractor trailer
with an aluminum frame around it would be used for the sale.
Two signs with "Tropical Plant Sales" written on them would be
bolted to the trailer. Each sign is two feet by eight feet in
size.
A letter is attached from the offices of Schmier and Feurring
giving permission for the sale.
Thank you for your attention to this matter.
Sincerely,
~e7aw )( ~t7V"
Phyllis Lyons
..
or."
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Schrnier & Feurring Properties, Inc.
September 17, 1991
City of Delray Beach
Delray Beach, Florida
RE: Permit Approval
Delray Town Center
TO WHOM IT MAY CONCERN:
MIG/Delray Town Center Associates, Ltd. , the owner of Delray Town
Center, located at the corner of Military Trail and Linton
Boulevard, hereby gives its consent to Tropical Plant Sales to
hold a plant sale from September 26 through October 10. The
approval is based on Tropical Plant Sales receiving permission
and the proper permits from the City of Delray Beach.
Sincerely,
SCHMIER & FEURRING PROPERTIES, INC.
B~ CPM
Director of Property Management
BL/is
city.ltr
Corporate Centre at Boca Raton, 7777 Glades Road, Suite 310, Boca Raton, FL 33434-4195 (407) 483-8400, FAX 482-0181
..
. . .
. Agenda I tem No. :
AGENDA REQUEST
Date: 9/18/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 9/24/91
Description of agenda item (who, what, where, how much):
Permission to erect a tent at the ne corner of Military Trail and Linton Blvd
from September 27 - October 13, 1991 for the purpose of selling plants & flowers
(Delray Town Center)
ORDINANCE/ RESOLUTION REQOIRED: YES Draft Attached: YES/NO
Recommendation: A~~roval
Department Head Signature: ~~ ~
. I
Determination of Cons1stency with Comprehensive Plan:
C~ty Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all ite.s involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
. . ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
F RONi : CITY MANAGER~~
SUBJECT: AGENDA ITEM # f S - MEETING OF SEPTEMBER 24, 1991
RESOLUTION NO. 69-91
DATE: September 20, 1991
This is a resolution vacating and abandoning the north two feet of a
six foot utility easement located on the south side of Lot 9, Block I,
Lake Ida Shores 1st Addition. This action has been requested by the
property owner in order t' eliminate an existing pool deck
'-'
encroachment into the easement. The abandonment request has been
properly prepared and processed.
In accordance with L.D.R. Section 2.4.6(P)(5) the proposed
abandonment will not result in detriment for the provision of utility
services to adjacent properties or the general area. Further, based
on review of the petition for abandonment, all public and private
services will not be affectedj and, all affected services have
approved the abandonment. Planning and Zoning Board action is not
required on public easements.
Recommend approval of Resolution No. 69-91.
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--.--,'---'-"--- ..-.-..-'- -- ----.---.-..---------
-.-.-------- - __________n____. _ _._~______ -----.
RESOLUTION NO. 69-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE
NORTH TWO (2) FEET OF A SIX (6) FOOT UTILITY EASEMENT
LOCATED ON THE SOUTH SIDE OF LOT 9, BLOCK 1, LAKE IDA
SHORES 1ST ADDITION, AS RECORDED IN PLAT BOOK 25, PAGE
71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
WHEREAS, J. Kevin McNally and Nancy Prentiss McNally, his wife,
are the fee-simple owners of Lot 9, Block 1, Lake Ida Shores 1st
Addition, as recorded in Plat Book 25, Page 71 of the Public Records of
Palm Beach County, Florida; and,
WHEREAS, J. Kevin McNally and Nancy Prentiss McNally have made
application for abandonment of the north two (2) feet of a six (6) foot
utility easement located on the south side of Lot 9, Block 1, Lake Ida
Shores 1st Addition; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no longer
needed for the public good and deems it to be in the best interests of
the City of Delray Beach to vacate and abandon said utility easement,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166
of the Florida Statutes, it is hereby determined to vacate and abandon
all right and interest it holds to the following real property:
The north two (2) feet of a six (6) foot utility
easement located on the south side of Lot 9, Block 1,
Lake Ida Shores 1st Addition, as recorded in Plat Book
25, Page 71 of the Public Records of Palm Beach
County, Florida.
The subject property is located on the south side of
Gardenia Terrace between N.W. 6th Avenue and N.W. 8th
Avenue, Delray Beach, Florida.
PASSED AND ADOPTED in regular session on this the 24th day of
September, 1991.
MAY 0 R
ATTEST:
City Clerk
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CITY COMMISSION ;;1<
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CITY OF DELRA Y BEACH ---STAFF REPORT---
MEETING DATE: September 24, 1991
AGENDA ITEM:
ITEM:
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GARDENIA TERRACE w
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GENERAL DATA:
Owner...........................City of Delray Beach, Florida
Applicant. ......................J. Kevin McNally
Location........................On the south side of Gardenia
Terrace, between N.W. 6th Avenue
and N.W. 8th Avenue.
Property Size...................200 Square Feet
City Land Use Plan..............Low Density
City Zoning.....................R-l-AA (Single Family
Residential)
Existing Land Use...............Utility Easement
Proposal........................To correct an existing situation,
in order for the subject property
to,be sold.
Request.........................Abandonment of 2 feet of a 6 foot
utility easement in the rear of
the property.
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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
PLANNING & ZONING DEPT.
THROUGH~~~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 24, 1991 **CONSENT AGENDA**
ABANDONMENT OF A PORTION OF A GENERAL UTILITY EASEMENT,
LOT 9, BLOCK 1, LAKE IDA SHORES FIRST ADDITION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of abandonment of a portion of a general utility
easement in Lot 9, Block 1, Lake Ida Shores First Addition,
as recorded in Plat Book 25, Page 71, of the public records
of Palm Beach County, Florida. The property is located on
the south side of Gardenia Terrace, between N.W. 6th Avenue
and N.W. 8th Avenue.
BACKGROUND:
This abandonment has been requested by the property owner J.
Kevin McNally, in order to eliminate an existing pool deck
encroachment into the easement. The abandonment request has
been properly prepared and processed.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board does not have any action on public
easements.
FINDINGS:
In accordance with L.D.R. Section 2.4.6(P)(5) the Findings are as
follows: "That the abandonment will not result in detriment for
the provision of utility services to adjacent properties or the
general area."
Based on the review of this petition for abandonment, all public
and private services will not be affected and all services have
approved of the abandonment.
~IIN
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Page 2
City Commission Documentation
Abandonment of a portion of a Utility Easement
Lot 9, Block 1, Lake Ida Shores First Addition
RECOMMENDED ACTION:
By motion, adoption of Resolution -91.
Attachments:
* Location sketch
* Resolution to be provided by City Clerk
ked:4tl0cclake.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI TY MANAGER tM
SUBJECT: AGENDA ITEM # tI.1r. - MEETING OF SEPTEMBER 24, 1991
RESOLUTION NO. 73-91
DATE: September 20, 1991
This is a resolution recognizing City Government Week, October 7 - II,
1991, and encouraging all citizens to support the celebration and
corresponding activities.
The Florida League of Cities has requested that the Commission adopt a
resolution supporting City Government Week. We are planning to have a
"Student in Government Day". during this week in support of this
program.
Recommend approval of Resolution No. 73-91.
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RESOLUTION NO. 73-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING CITY GOVERNMENT
WEEK, OCTOBER 7-11, 1991, AND ENCOURAGING ALL CITIZENS
TO SUPPORT THE CELEBRATION AND CORRESPONDING
ACTIVITIES.
WHEREAS, city government is the government closest to most
citizens, and the one with the most direct daily impact upon its
residents; and,
WHEREAS, city government is administered for and by its
citizens, and is dependent upon public commitment to and understanding of
its many responsibilities; and,
WHEREAS, city government officials and employees share the
responsibility to pass along their understanding of public services and
their benefits; and,
WHEREAS, Florida City Government Week is a very important time
to recognize the important role played by city government in our lives;
and,
WHEREAS, this week offers an important opportunity to spread
the word to all the citizens of Florida that they can shape and
influence this branch of government which is closest to the people; and,
WHEREAS, the Governor and Cabinet of the State of Florida have
set aside this week to recognize and honor the efforts of city
governments,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach does encourage all citizens, city government officials and
employees to do everything possible to ensure that this week is
recognized and celebrated accordingly.
Section 2. That the City Commission of the City of Delray
Beach does encourage educational partnerships between city government
and schools.
Section 3. That the City Commission of the City of De1ray
Beach does support and encourage all city governments to actively
promote and sponsor "Florida City Government Week".
PASSED AND ADOPTED in regular session on this the 24th day of
September, 1991.
~~
ATTEST:
O~,~t.f!Jl(l,JiJf~ IlaJiy
City C rk
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MEMORJI.NDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER011
SUBJECT: AGENDA ITEM # Lu - MEETING OF SEPTEMBER 24, 1991
RESOLUTION NO. 74-91
DATE: September 20, 1991
This item is a resolution assessing costs for abatement action
required to board up an unsafe building located on property at
710 Bond Way. The resolution sets forth the actual costs incurred and
provides the mechanism to attach a lien on this property in the event
the assessment of $154 remains unpaid.
Recommend approval of Resolution No. 74-91 assessing costs to board
up an unsafe building located on property at 710 Bond Way.
.
RESOLUTION NO. 74-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS the Building Official or his designated representative
has, pursuant t; Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
l.nances; and
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accord~nce with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the Ci ty Manager of the Ci ty of De lray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~- ~,---~ -.--- - - ----_._------~-,--~ ------~---- ._==.:::..:=--=====---:-:_~--==-".:::- ._._-~----------~._-~.- =: ._....:=.::.=:..--:::'.-
------~.__.- .------- - --_._.._---~--~--,,----
-~_._._~ -- ~._------ ----- - -~_._- -.------.--.-- ----
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel (s) of land described in said report and in the amount (s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 74-91
.
NOTICE OF ASSESSMENT
Date
TO: William H. Cartwright
ADDRESS: c/o Copeland and Kramer, PA PO Box 2421, Stuart, Fl 34996
PROPERTY: 710 Bond Way, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 10, Block 2, Kenmont according to Plat Book 20,
Page 65 of the official records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $154.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 19 , has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 7-15-91
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 8-7-91
at a cost of $154.00 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
."
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Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
~I ,>I
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA C. BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~
SUBJECT: TENT APPROVAL FOR THE DELRAY BEACH SUNRISE KIWANIS -
CHRISTMAS TREE AND PUMPKIN SALES -
--
DATE: SEPTEMBER 24, 1991
ITEM BEFORE THE COMMISSION:
- -
Commission consideration to permit the erection 0 f a temporary
tent at the corner of SE 5th Avenue and SE 10th Street for the
purpose of selling pumpkins and Christmas trees.
BACKGROUND
The Delray Beach Sunrise Kiwanis would like to sell pumpkins from
October 17, 1991 - October 31, 1991 and Christmas trees from
November 23, 1991 - December 24, 1991 at the SW corner of SE 5th
Avenue and SE 10th Street. They are requesting approval to
continuously use the site from October 17, 1991 - December 24,
1991 for the purpose of tent set-up, electrical hook-up and
clearing and removal of debris. The Kiwanis Club has obtained
approval from the property owner.
In accordance with Sec. 150.102 of the Code of Ordinances, with
Commission approval, this is permitted since the purpose of tent
is to protect the public from the elements during public
assembly. The Kiwanis has applied for the necessary permits and
approvals as required.
RECOMMENDATION
The Department of Community Improvement recommends approval for
the Sunrise Kiwanis tent from October 17, 1991 - December 24,
1991 to be located at the SW corner of SE 5th Avenue and 10th
Street for the purpose of selling pumpkins and Christmas trees.
LB:DQ
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Kiwanis.CC
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. , . ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
!
FROM: CITY MANAGER tift/I
SUBJECT: AGENDA ITEM # S'W. - MEETING OF SEPTEMBER 24, 1991
REQUEST TO HOLD PUMPKIN AND CHRISTMAS TREE SALES
DATE: September 20, 1991
We have received a request from the Sunrise Kiwanis to hold a pumpkin
sale from October 17, 1991 through October 31, 1991 and a Christmas
tree sale from November 23, 1991 through December 24, 1991 on the
southwest corner of S.E. 10th Street and S.E. 5th Avenue. The Club
has obtained the consent of the record owner of the property. The
Commission has previously acted favorably upon requests of this
nature.
A staff recommendation will be provided prior to your Tuesday evening
meeting.
Recommend approval of the request from the Sunrise Kiwanis to hold a
pumpkin sale from October 17, 1991 through October 31, 1991 and a
Christmas tree sale from November 23, 1991 through December 24, 1991
contingent upon staff's recommendation .
...
.. ' , {II. ~D L~a... //(
{71/)
STEVEN D. RUBIN
ATTORNEY AT LAW 1\1' "
, C t", UVP; r
SUITE 311 "-, , , -I"
COMPSON FINANCIAL CENTER ("\CO J>,,'
980 NORTH FEDERAL HIGHWAY \)L./201991
BOCA RATON, FLORIDA 33432 "/'
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MI.JElts OF
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TELEPHONE (407) 391-7992
FAX (407) 347-0828
September 17, 1991
City Manager
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, Florida 33445
Re: Delray Beach Sunrise Kiwanis
Christmas Tree and Pumpkin Sales for 1991
Dear Sir:
This letter is sent to request City commission approval for the sale
of Christmas trees and pumpkins by the Delray Beach Sunrise Kiwanis
Club to benefit organizations and the community which are served by
the Kiwanis Club. In particular, the Delray Beach Sunrise Kiwanis
Club, as it has each year in the past, would like to sell pumpkins
from October 17, 1991 through October 31, 1991 and Christmas trees
form November 23, 1991 through December 24, 1991. In addition we
would like to continuously use the premises at the south west corner
of S. E. 10th Street and S. E. 5th Avenue, 1000 S. E. 5th Avenue, from
October 10, 1991 to January 3, 1992, to allow set-up of the tents,
hook-up of the electrical, and clearing and removal of debris after
sales have ended. The Club has already obtained the consent of the
record owner of the property for this activity.
I would appreciate your placing this item on the city Commission
Agenda for approval and notifying me of the date, and apprising me of
the forms necessary for submission to the Building Department and CAB
for approval of the tent and signs. Thank you for your assistance and
cooperation in this matter.
;z~~)W
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teven D. RUbin, Director
Delray Beach Sunrise Kiwanis
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PLANNING AND ZONING DEPARTMENT MEMORANDUM ~ en, 10 ~ 9/;
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TO: COMMISSION, CITY OF DELRAY BEACH '-1-1-01 mta
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FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: SEPTEMBER 24, 1991
SUBJECT: HISTORIC PRESERVATION BOARD ACTION RE SUNDY HOUSE
SUPPLEMENTATION INFORMATION TO AGENDA ITEM 9A
The following is a report of the Historic Preservation Board
action taken on September 23rd regarding the Composite site plan
for the Sundy House & Sundy Apartments and its associated
variances, waivers, and special disposition items:
By a 5-0 vote, approved the Composite Site Plan subject to three
conditions, as follows:
1. That the following changes to the submission be reflected in
the full site plan submission:
a) that the sidewalk shown on the east side of the Sundy
Apartments, south of the handicap space be removed and
the resulting area be developed as a part of the
parking lot.
b) that pressure treated wood be used for definition of
the landscape areas as opposed to concrete curbing.
c) that the outdoor refrigeration unit be relocated.
(Note: The following items, while not specifically
directed as changes, will need to be accommodated and,
thus, will require some redesign.)
d) compliance with Waste Management regulations and
the use of a dumpster for commercial trash.
e) alteration of the west property line for the Sundy
Apartments to accommodate a 5' right-of-way
dedication.
f) redesign of the front yard parking at the Sundy
Apartments in order to accommodate design requirements
and the right-of-way dedication.
2. That items under the the Exhibit "Technical Items" be
reflected on the full site plan or the plat, as appropriate.
.
.
To: City Commission, City of'Delray Beach
Re: Historic Preservation Board Action Re Sundy House
Supplementation Information t6 Agenda Item 9A
Page 2
3 . That as a condition for the approval for a variance to
the number of required parking spaces, a legal
agreement [pursuant to 4.6.9(E) (5)] be provided. Said
agreement to accommodate (a) special events parking and
(b) daily parking to accommodate the difference between
the standard (code) required parking and the number of
on-site spaces. Said agreement to be with St. Paul's
Church,
With respect to variance, waivers, and special actions, the
following occurred:
A. C.O.A. determination that an outdoor refrigeration (stand
alone) could be accommodated on the site, but not at the
location shown on the site plan submittal.
B. The variance requests for encroachments into the required
side (street) yard (refrigeration unit and screening) were
DENIED (3-2 vote, 4 votes were needed to approve a
variance).
C. The variance requests for reduction of distance between the
right-of-way and first parking space AND for the use of a
pea rock parking lot surface for a lot with greater than 12
spaces were APPROVED (5-0 vote).
D. Special action APPROVAL was granted to accommodate parking
in the front yard of the Sundy Apartment (5-0 vote).
E. The consideration of a waiver for providing nonmountable
curbing became moot when a site plan modification to add
pressure treated wood landscape protection was made by the
applicant.
F. The consideration of special action regarding provisions of
a back-out, turn-around area for a handicap space become
moot when a site plan modification to remove the sidewalk
and extend the parking lot area was made by the applicant.
G. A variance for a reduction in the required number of spaces
was APPROVED (5-0) conditioned upon an agreement for
off-site parking with St. Paul's Church.
H. A request for reduction of required right-of-way was granted
but only for a reduction to a 50' right-of-way. Thus, a 5'
dedication requirement remains along S.W. 1st Avenue.
I. A request for waiver of sidewalk installation along S.W. 1st
Avenue was granted but only to the extent of a deferral
until such time as either the property owner or the City
deems it appropriate to have the sidewalk installed.
J. A request for waiver of undergrounding on-site utility
services (for the Sundy Apartments) was granted (5-0).
.'"
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[/::1
SUBJECT: AGENDA ITEM # t:t ~ - MEETING OF SEPTEMBER 24, 1991
ACCEPTANCE OF REPORT OF APPEALABLE LAND USE ITEMS
DATE: September 20, 1991
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period September
10th through September 23rd. The following actions were considered
during this reporting period:
Site Plan Review and Appearance Board:
-Approved a Color Palette for West Atlantic Avenue (4th
Avenue to 1-95).
Planning and Zoning Board:
No appealable items were considered. All items which were heard by
the Board will be forwarded to the Commission as separate agenda
items.
Historic Preservation Board:
The Historic Preservation Board did not hold a regular business
meeting during this period as their regularly scheduled meeting
conflicted with the Yom Kippur holiday. That meeting has been
rescheduled to September 23rd.
A detailed staff report is attached as backup material for this item.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: QT;;:~'~: MANAGER
THRU: -0 ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
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FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF SEPTEMBER 24, 1991
REPORT OF APPEALABLE LAND USE ITEMS
SEPTEMBER 10, THRU SEPTEMBER 23, 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 September 10, 1991, through
September 23, 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
September 10, 1991 thru September 23, 1991
Page 2
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF SEPTEMBER 11,
1991:
1. Approved a Color Palette for West Atlantic Avenue (4th
Avenue to 1-95). In order to promote repainting of
commercial buildings along West Atlantic, the Merchants
Association selected a color palette of 20 different colors
schemes. Thus, business owners choosing to repaint within
the color scheme, will not be required to submit to the Site
Plan Review and Appearance Board for individual approval
(Vote 7 to 0).
No other appealable items.
The following are not appealable items. A summation of the
Board's discussions are provided for information.
* Provided comments and direction associated with the
conversion of the Baron K-9 site to an auto repair shop,
Foreign Car Engineering. The development as proposed
requires several waivers and/or variances in order to meet
all development regulations. While the Board was receptive
to waiving certain code requirements, the Board maintained
that items such as the provision of additional parking
spaces should be met. Additionally, the Board expressed
concern regarding a proposed metal building addition and
felt the use of stucco material was more appropriate.
* At a previous meeting the Board tabled action on the site
plan modification to allow the construction of a perimeter
fence for Auburn Trace which would have created a double
row of fencing along the Auburn Trace/ Carver Estate
perimeters. The Board was amiable to the suggested solution
to extend the existing Carver Estate fence, thus maintianing
one perimeter fence.
PLANNING AND ZONING BOARD MEETING OF SEPTEMBER 16, 1991:
No appealable items were considered by the Planning and Zoning
Board. All the items which were heard by the Board will be
forwarded to the City Commission as separate agenda items. The
following lists the action items considered by the Board:
* Rezoning from PC to GC and AC, D.B.D. Acres, southeast
corner of Linton Boulevard and SW 4th Avenue. Recommended
denial on a 5 toZJ vote.
* Conditional Use Request to allow a specialized Service Shop
(Tire Kingdom) on a portion of Lot 3, D.B.D. Acres. Denial
of the zoning made action on the conditional use moot.
City Commission Documentation
Report of Appealable Land Use Items
September 10, 1991 thru September 23, 1991
Page 3
* Rezoning from POC (Congress Park) to RM (Congress Park
Apartments), across from the County Administrative Complex
on Congress Avenue. Recommended denial on a 5 to 2 vote.
* Review and Recommendation regarding the response to the
O.R.C. Report, Plan Amendment 91-1. Recommended approval on
a 7 to 0 vote.
* Review and Determination regarding Capital Improvement
Budget Proposal and Municipal Budget for FY 91/92.
Recommended approval on a 6 to 1 vote.
* LOR Text Amendment dealing with extension of Special Relief
Provisions. Recommended approval on a 7 to 0 vote.
HISTORIC PRESERVATION BOARD SPECIAL MEETING OF SEPTEMBER 23,
1991: (The Regular Business meeting was not held during this
period as the meeting date coincided with the Yom Kippur
holiday. The meeting was rescheduled to September 23rd to
accommodate the Sundy House project).
l. The Board will act on a site plan along with a special
action item, several variances and provide recommendations
on waiver requests for the Sundy House and Sundy Apartments.
The site plan provides for a joint parking lot for the Sundy
House and Sundy Apartments; provides for a tearoom and
outside luncheon area (terrace area); and other site changes
such as an outdoor refrigertor/freezer unit; covered
walkways; a parking area in the front yard of the Sundy
Apartments, etc.
The following lists the variances, waivers and special
action item to be considered by the Board:
- a reduction of the stacking distance from 20' to 5' for
a parking lot in the front yard of the Sundy
Apartments and from 20' to 11' for the parking lot
along SW 1st st.
- the elimination of the required maneuvering area east
of the Sundy Apartment building.
- a reduction in the required number of parking spaces to
28 spaces.
- the provision of pea rock surface within a parking lot
which exceeds 12 spaces.
- a reduction in the side street building setback from
l5'to 8' to accommodate a refrigerator/freezer.
- an increase to the height of fencing around the
refrigertor/freezer unit which encroaches
within the required setback from 6' to 8'
"."
.
City Commission Documentation
Report of Appealable Land Use Items
September 10, 1991 thru September 23, 1991
Page 4
- the elimination of protective curbing around landscape
areas.
- the elimination of the required 5' sidewalk along SW
1st Avenue.
- to allow existing overhead utility services to
remain aboveground.
- a request to allow parking within the front yard of the
Sundy Apartments.
No other appealable items were considered by the Board. However,
other agenda items which require Board action include:
* Variance request to allow a 6.7' porch encroachment within
the required rear yard setback (223 NE 1st Avenue).
* Certificate of Appropriateness request for the exterior
design of a porch on the rear of a cottage (223 NE 1st
Avenue) .
* Certificate of Appropriateness request to allow the
a new single family dwelling on Lot 1, within the Rieske
subdivision (325 SE 7th Avenue).
* Certificate of Appropriateness request to allow
non-illuminated wall signs for the Brandy's Waterside Cafe
(840 E. Atlantic Avenue).
* Certificate of Appropriateness request for rehabilitation of
a non-contributing single family residence (134 SE 7th
Avenue) .
* Certificate of Appropriateness request for exterior
architectural changes for a single family residence (10 Lake
Court) .
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachments: Location Map
JA/#60/CCSEP.TXT
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LOCATION MAP FOR THE
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROH: CITY MANAGER (~
SUBJECT: AGENDA ITEM # - HEETING OF SEPTEHBER 24, 1991
REQUEST FOR A' TEMPORARY CERTIFICATE OF OCCUPANCY/SUNDY HOUSE
DATE: September 20, 1991
We have received a request from the owner of the Sundy House
for a temporary certificate of occupancy to allow commercial use of
the kitchen, cafe, and garden party areas prior to the construction of
required off-street parking.
The Sundy House project broke ground in April 1991. At that time, the
project involved conve'rsion of a single family home into an antique
shop. Subsequently, two site plan modifications have been processed.
The most current includes a modification which changes the use to
antique shop and cafe.
Since the owner commenced construction and had workers on-site, he
requested early issuance of a building permit for the kitchen work.
While that request was granted administratively, he was informed that
occupancy could not be allowed until t'he parking lot was completed.
Subsequently, the owner has received permission to use the parking
facilities at St. Paul's Church which is located in the same block.
Because of the intensity of use, remoteness of the proposed temporary
parking area, and the 4-6 month time difference between use of the
cafe and the construction of the off-street parking lot, staff felt it
appropriate to forward this item to the Commission for action.
The Historic Preservation Board, at their September 23rd meeting will
consider the site plan which accommodates the ne", use and the
associated parking lot. They will not take specific action on the
temporary Certificate of Occupancy request.
Recommend consideration of a request from the owner of the Sundy House
for a temporary certificate of occupancy to allow commercial use of
the kitchen, cafe, and garden party areas prior to the construction of
required off-street parking.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: -----DAVID HARDEN, CITY MANAGER
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FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 24, 1991
REQUEST FOR EARLY OCCUPANCY, SUNDY HOUSE CAFE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a special request to allow issuance of a
temporary occupancy which would allow commercial use of the
kitchen and cafe area, and garden party use, at the Sundy
House prior to construction of required off-street parking.
The Sundy House is located at the southwest corner of
Swinton Avenue and S.W. 1st Street.
BACKGROUND:
The Sundy House project broke ground in April, 1991- At that
time, the project involved conversion of a single family home to
an antique shop. Subsequently, two site plan modifications have
been processed. The most current which includes modifications
which accommodate a change in use to antique shop and cafe is
before the Historic Preservation Board on Monday, September 23rd.
Since the owner commenced construction and had workers on-site, he
requested early issuance of a building permit for the kitchen
work. While that request was granted administratively, he was
informed that occupancy could not be allowed until the parking
lot was completed. As an alternative, the owner has received
permission (letter attached) to use the parking facilities at
St. Pauls Church which is located on the same block.
The Director of Planning feels that it is beyond his, and others,
authority to issue a temporary certificate of occupancy given the
intensity of use, remoteness of the parking area, and the time
difference between use of the cafe and the ultimate construction
of the parking lot (4-6 months). Thus, the item is placed before
the City Commission for resolution.
city Commission Documentation
Request for Early Occupancy, Sundy House Cafe
Page 2
HISTORIC PRESERVATION BOARD CONSIDERATION:
The Historic Preservation Board will not act upon this specific
request. However, they will have before them - on Monday,
September 23rd, at a special meeting - the site plan which
accommodates the new use and the associated parking lot (along
with consideration of several waiver and variance items). At a
previous meeting, the Board endorsed the concept of the new use.
RECOMMENDED ACTION:
Commission's discretion.
Attachments:
* Request letter
* Letter from St. Paul's Church
* Site Plan & location map vis-a-vis temporary parking
facility
PD/#85/CCSUNDY.TXT
September 3, 1991
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Dear Mr. Harden: . b. Gc\-Q...\-<2--l?-N:) - ~ ~Ov-: Q J
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Thank you for your time and consideration Tuesday morning at our
meeting with David Kovacs, Cris Brown and Howard McCall to
discuss the Sundy House project. As a result of the meeting I
request to be placed on the September 24, 1991 City Commission
agenda for the following consideration: I) Approval of a twenty
four space parking area with a pea rock surface, located between
the Sundy House and the Sundy Apartment building. The matter is
being submitted to the HistorIc Preservation Board on September
~~18. 2) Approval to operate the Tea Room in the Sundy House ~ \}
-subject to the Historic Preservation Boards approval of the ~/1
parking variance, and subject to a letter from st. Paul's ";)
Episcopal Church granting use of their parking lot on a temporary ~Wb1
basis until completion of the twenty four parking spaces at the .54
Sundy House. Thank you for your considerat~on. _~
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Sincerely,
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Mr. David T. Harden, City Manager JiTy MA
NAGER'S
100 N W 1st Avenue OFFICE
Delray Beach Fl. 33444
Re: SUNDY HOUSE
Dear Mr. Harden:
Thank you for your time and consideration Tuesday morning at our
meetinq'with David Kovacs, Cris Brown and Howard McCall to
discuss the Sundy House project. As a result of the meeting I
request to be placed on the September 24, 1991 City Commission
agenda for the following consideration: 1) Approval of a twenty
four space parking area with a pea rock surface, located between
the Sundy House and the Sundy Apartment building. The matter is
being submitted to the Historic Preservation Board on September
18. 2 ) Approval to operate the Tea Room in the Sundy House
subject to the Historic Preservation Boards approval of the
parking variance, and subject to a letter from st. Paul's
Episcopal Church granting use of their parking lot on a temporary
basis until completion of the twenty four parking spaces at the
Sundy House. Thank you for your consideration.
Sincerely,
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.... Thank you for meeting with Cris Brown, Lou Jensen and myself in
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..., David Harde~'s office on Tuesday morning to discuss several items
~ concerning the Sundy House project. As a result of the meeting I
-j am requesting that the building permi t be issued for the work
~ described on the sundy House drawings, Sheet 2 of 7, dated
~ November 26, 1990 and revised July 25, 1991, as soon as possible
8 to allow installation of the kitchen equipment for the Tea Room
....
u in the Sundy House. It is understood that no use of the kitchen
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::; will be allowed until the City Commission acts on use of the
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uj kitchen prior to construction of the twenty four parking spaces
.... at the Sundy House. Thank you for your help in this matter.
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....., Re: SUNDY HOUSE KITCHEN
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.... Thank you for meeting with cris Brown, Lou Jensen and myself in
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r<l David Harden's office on Tuesday morning to discuss several items
~ concerning the Sundy House project. As a result of the meeting I
-d am requesting that the building permit be issued for the work
c:G described on the Sundy House drawings, Sheet 2 of 7, dated
....:
0.... November 26, 1990 and revised July 25, 1991, as soon as possible
0 to allow installation of the kitchen equipment for the Tea Room
....
....
"" in the Sundy House. It is understood that no use of the kitchen
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~ kitchen prior to construction of the twenty four parking spaces
..... at the Sundy House. Thank you for your help in this matter.
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September 12, 1991
Howard E. McCall
MCCALL & LYNCH, ARCHITECTS AND PLANNERS
311 East Palmetto Lake Rd
Boca Raton, Florida 33432
Re: Kitchen Permit for the Sundy House
Dear Howard:
In response to your request letter of September 3, 1991, I signed off
on, and forwarded it to the Building Department so that they would
process your application and issue permits accordingly. This special
sign-off allows you to proceed with reconstruction and expansion of
the kitchen facilities prior to obtaining site plan approval for the
associated food service (cafe/restaurant) use.
As you stated in your letter, your ability to have use of the kitchen
for providing on-site lunches is dependent upon whether the City
Commission shall allow early occupancy 1. e. prior to having on-site
parking available.
Beside the above, our continuing review of your latest submission
brings the following items to our attention. By incorporating
the use of restaurant/cafe into the Sundy House site, the occupancy
requirements change and separate bathroom facilities for men and
women, both with handicap facilities will be required. Accommodating
these items means that further redesign is necessary. Please contact
the Building Department's Plan Checkers for more information on this
item.
Tr-E E;::=(,C'T AL.'.'J::"Y'S MATTE=S
Howard E. McCall I
Kitchen Permit for the Sundy House
September 12, 1991
Page 2
With respect to the site plan submission, I have directed all
affected Departments to review your September 4th. submittal in an
expeditious manner. We hope to have consolidated staff comments
available on September 20th.
\-;itf.{ ~~,~~~or
Department of Planning and Zoning
c:
Jerry Sanzone, C.B.a.
Plan Check Division, Building Department
Jeff Costello, Planning Technician II
Chris Brown, Executive Director, C.R.A.
David Harden, City Manager
Project File
DJK/#85/KITCHEN
""
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ST. PAUL'S EPISCOPAL CFIURCn
'" SOU"" tWINTOH A"'~N(,/C:
". 0, 1101< uu
OiE".....v IIIEAC:H. "'~OftIO^ ~J..'f
TH~ RI:V, QON.....C R. (:I.A""SON T'Ht: At;V, olIt;"HARO J_ P'tC"'II!O
,U:CTOIll CUlv\n:
september 4, 1991
Mr. Lou Jensen
c/o The Sundy House
106 So. S'-Tinton Ave.
Oelray Beach, FI 33444
RE: st. Paul's Episcopal Church - Parking Lot
Dear Mr. Jensen:
-
This is to inform you that st. Paul's Episcopal Church, 180 So.
swinton Ave. I Del ray Beach, Florida hereby grants you, your
employees and your customers permission to park your cars (over-
flow only) on the north portion of st. Paults parking lot on a
temporary basis until such time as the parking lot at the Sundy
House is developed. You are not allowed to use this parking
when there are church services or major church functions in
progress. This permission may be ~ithdrawn by st. Paults Church
at any time as they may see fit.
sincerely,
EPISCOPAL CHURCH
Armand Mol.lw . .'
Junior Warden
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MEMORANDUM di5SE.I?*~ )
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERc:;h
SUBJECT: AGENDA ITEM # t!f - MEETING OF SEPTEMBER 24, 1991
REQUEST FOR WAIVER OF LANDSCAPE REQUIREMENTSjDELRAY LINCOLN
MERCURY
DATE: September 20, 1991
The Site Plan Review and Appearance Board at their August 28th meeting
recommended approval of four waivers to the landscape plan for Delray
Lincoln Mercury. The applicant has requested waivers from:
( 1 ) Section 4.6.16(H) (3) (h) (internal trees) to reduce the
required number of trees from 254 to 225. The applicant asserts
that as many trees as possible have been provided in all
available internal landscape areas.
( 2 ) Section 4.6.16(H) (3) (d) (perimeter trees) to reduce the
required number of trees from 92 to 86. The rationale for this
request is the same as above.
( 3 ) Section 4.6.16(H) (3) (d) (internal landscape islands) to
reduce the number of landscape islands required east of the
existing repair building. The applicant does not want to disturb
the existing parking layout which has four islands place every 13
spaces rather than every 10 spaces as required.
( 4 ) Sect ion 4. 6 . 1 6 ( H) ( 3 ) ( i ) (perimeter landscape strip) to reduce
the width of the required five foot landscape strip to 2.5 feet
at the southeast corner of the site. This reduction is requested
in order to accommodate an additional "service write-up" lane
thereby reducing existing traffic congestion which extends out on
to Federal Highway.
Pursuant to Section 2.4.7(B) (5) prior to granting a waiver, the
granting body shall make a finding that granting of a waiver:
(a) Shall not adversely effect the neighboring area;
(b) Shall not significantly diminish the provision of public
facilities;
( c) Shall not create an unsafe situation; or,
(d) Does not result in granting of a special privilege in
that the same waiver would be granted under similar
circumstance on other property for another applicant or
owner.
Recommend approval of requests for waiver of the landscape
requirements for Delray Lincoln Mercury reducing the requirement for
internal trees to 225; the number of perimeter trees to 86j the number
of required internal landscape islands to four; and reducing the width
of the required perimeter landscape strip to approximately 2.5 feet at
the southeast corner of the site.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: Q DORLING, PLANNER rIa
THRU: rr.Ws,~~
DEPARTMENT OF PLANNING AND ZONING
RE: MEETING OF SEPTEMBER 24, 1991
APPROVAL OF WAIVERS FOR PERIMETER LANDSCAPING
REQUIREMENTS RELATING TO ABUTTING PROPERTIES, INTERNAL
LANDSCAPE ISLANDS, AND NUMBER OF PERIMETER AND INTERNAL
TREES FOR DELRAY LINCOLN MERCURY AUTO DEALERSHIP.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
granting a waiver from provisions of Code Section
4.6.16(H)(3)(h) (internal trees), 4.6.16(H) (3) (d) (perimeter
trees), 4.6.16(H)(3)(d) (internal landscape islands) and
4.6.16(H)(3)(i) (width of perimeter landscape strip).
The request is associated with a major site plan
modification for Delray Lincoln Mercury Auto Dealership.
BACKGROUND:
At its meeting of July 31, 1991 SPRAB (Site Plan Review and
Appearance Board) approved the major site plan modification and
continued action on the associated landscape plan for Delray
Lincoln Mercury Dealership. On August 28, 1991 SPRAB approved
the landscape plan and recommended approval of four (4) waivers
as follows:
* A waiver from Section 4.6.l6(H)(3)(h) (internal trees) for a
reduction from 254 trees (required) to 225 trees (provided),
representing a shortage of 29 interior trees. (Applicant's
Rational: As many trees as possible have been provided in
all available internal landscape areas.)
* A waiver from Section 4.6.16(H)(3)(d) (perimeter trees) for
reduction from 92 trees (required) to 86 trees (provided),
representing a shortage of 6 perimeter trees. (Applicant's
Rational: As many trees as possible have been placed in the
perimeter landscaped areas.)
,',"
City Commission Documentation
Approval of Waivers for Perimeter Landscaping Requirements
Relating to Abutting Properties, Internal Landscape Islands,
and Number of Perimeter and Internal Trees for Delray Lincoln
Mercury Auto Dealership
Page 2
* A waiver from 4.6.16(H)(3)(d) (internal landscape islands)
for a reduction of 4 landscape islands east of the existing
repair building. (Applicant's Rational: Does not want to
disturb existing parking layout which has islands every
thirteen spaces vs. the required ten [ 10] . )
* A waiver from Section 4.6.16(H)(3)(i) (perimeter landscape
strip) from the required 5' to approximately 2.5' for a
perimeter landscape area (approximately 87' long) at the
southeast corner of the site. (Applicant's Rational:
Reduction is requested to accommodate additional service
"write-up" lane thereby reducing existing traffic congestion
which extends out on to Federal Highway.)
REQUIRED FINDINGS:
Pursuant to Section 2.4.7(B)(5) prior to granting a waiver, the
granting body shall make a finding that the granting of a waiver:
- (a) Shall not adversely effect the neighboring area;
(b) Shall not significantly diminish the provision of public
facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the granting of a special privilege in
that the same waiver would be granted under similar
circumstance on other property for another applicant or
owner.
RECOMMENDATION:
Upon positive findings with respect to Section 2.4.7 approve the
waivers from Section 4.6.16(H) (3) (h) (reduction of 29 internal
trees), Section 4.6.16(H)(3)(d) (reduction of 6 perimeter trees),
Section 4.6.16(H)(3)(d) (reduction of 4 internal landscape
islands) and Section 4.6.16(H)(3)(i) (perimeter landscape width
from 5' to 2.5' for an 87' section of the southeast corner).
Attachment
* Site Plan
PD/#42/CCLIN.TXT
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MEMORANDUM ~)
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~1
SUBJECT: AGENDA ITEM # ~~ - MEETING OF SEPTEMBER 24, 1991
LANDSCAPE AGREEMENT/DELRAY LINCOLN MERCURY
DATE: September 20, 1991
The Site Plan Review and Appearance Board at their July 31st meeting
approved a major site plan modification to the Delray Lincoln Mercury
Dealership. As part of that approval the applicant requested deferral
of the requirement to install a 25 foot landscape strip along Federal
Highway. An agreement has been prepared which states that upon the
widening of Federal Highway, the applicant will process a site plan
modification and provide the required 25 foot landscape strip.
Similar agreements have been approved for the Mazda Dealership to the
south.
The City Attorney's office has reviewed the agreement. Minor changes
were suggested which have been incorporated into the agreement.
Recommend approval of an agreement with Delray Lincoln Mercury which
defers the installation of the required 25 foot landscape strip along
Federal Highway until such time as Federal Highway is widened.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: C"DORLINGfhPLANNER II~
U ~J ~ u C"'-L--
THRU: DAVID J. KO CS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
RE: MEETING OF SEPTEMBER 24, 1991
APPROVAL OF LANDSCAPE AGREEMENT TO INSTALL
REQUIRED LANDSCAPE STRIP ALONG FEDERAL HIGHWAY UPON
WIDENING OF FEDERAL HIGHWAY - DELRAY LINCOLN MERCURY
DEALERSHIP.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a landscape agreement to allow Delray Lincoln
Mercury to defer installation of the required 25' landscape
strip along Federal Highway until widening of Federal
Highway.
The request is associated with a major site plan
modification for the Delray Lincoln Mercury Dealership.
BACKGROUND:
At its meeting of July 31, 1991 the SPRAB (Site Plan Review and
Appearance Board) approved a major site plan modification to the
Delray Lincoln Mercury Dealership. As part of that approval the
applicant requested deferral of installation of the required 25'
landscape strip along Federal Highway. An agreement was provided
which states that upon widening of Federal Highway the applicant
will process a site plan modification and provide the required
25' landscape strip. Similar agreements have been approved for
the Mazda Dealership to the south.
The Assistant City Attorney has reviewed the agreement and
requested some minor changes which have been incorporated in the
agreement before you.
City Commission Documentation
Approval of Landscape Agreement to Install Required Landscape
Strip Along Federal Highway Upon Widening of Federal Highway -
Delray Lincoln Mercury Dealership.
Page 2
RECOMMENDATION:
Approve the ,landscape agreement to allow Delray Lincoln Mercury
to defer installation of the required 25' landscape strip along
Federal Highway until widening of Federal Highway.
Attachments
* Landscape Agreement
* Site Plan
PD/#42/CCLINL.TXT
,
AGREEMENT PERTAINING TO REQUIRED PERIMETER LANDSCAPE STRIP
"
.-
.. FEDERAL HIGHWAY
This Agreement, is entered into this 3 1 day of
July . 1991 between SOUTHEAST INVESTMENTS OF PALM
BEACH COUNTY. INC. (hereinafter teferred to as "OWNER") and the CITY df
DELRAY BEACH (hereinafter referred to as the "CITY").
WHEREAS. OWNER applied to the CITY for Site Plan Approval for
the expansion of the Delray Lincoln Mercury Automobile Dealership: and
WHEREAS. the Delray Lincoln Mercury Automobile Dealership is
located north of Avenue "AI! lying between Dixie Highway and Federal -,
Highway and south of Linton Boulevard in the City of Delray Beach. and.
WHEREAS. one of the conditions for approval of the Site Plan
was the entering into of an agreement with the CITY pertaining to ,c u r i n g
the existing encroachment of display parking into the required perimeter
landscape area along Federal Highway at the time Federal Highway is widen-
ed.
NOW. THEREFORE. for One Dollar ($1.00) and other good and
valuable consideration. the receipt and sufficiency which is recognized
from each party to the other. the parties hereby agree as follows:
1 . The above Whereas clauses are true and correct and are
incorporated herein by reference.
2 . That the OWNER hereby agrees that a Site Plan modification
will be filed and become a Itart hereof depicting the reconfiguration of the
display parking in order to eliminate the encroachment of the display park-
1ng into the required perimE!ter landscape area.
3 . That the OWNER hereby agrees that at such time as Federal
Highway is widened. that the OWNER will at that time provide the I:equired
perimeter landscape as per the modified Site Plan.
4 . This Agreement shall be binding upon the successors and
assigns of the parties hereto.
.
.
~
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date indicated above.
A "
:)~ / "j~JUIUAJ SOUTHEAST INVESTMENTS.OF PALM
Witness ( / '
BEACH COUNTY, INC. ,
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Witness
,
SEAL -
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
ATTEST:
t.
City Clerk
~
Approved as to Legal Sufficiency
and Form:
City Attorney
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE R{fft 1
SUBJECT: AGENDA ITEM =It ct. e. - MEETING OF SEPTEMBER 24, 1991
AUTHORIZATION TO ACQUIRE PROPERTY/FIRE STATION NO. 5
DATE: September 20, 1991
This item is before you to authorize staff to pursue the purchase of
property located on the northeast corner of the Blood's Grove property
adjacent to Germantown Road for the establishment of Fire Station No.
5. Negotiations with the Blood's representative have been held. They
are proposing that the City purchase a 1.1 acre site for $145,000
(appraised value) , along with an access easement to Germantown Road.
They also propose that the City pay costs and attorney's fees incurred
by the Bloods in association with the transfer of the property.
If the Commission deems these terms acceptable, appropriate
resolutions will be noticed and put before you for formal action at
your October 8th meeting. It is anticipated that closing would be
held shortly thereafter.
Recommend approval of the terms for the purchase of the Blood's
property and authorize staff to pursue purchase.
~ ;11
- .
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 2()() NW 1st AVENUE, DELRAY BEACH. FLORIDA 33444
FACSIMILE 4()7/278-4755 Writer's Direct Line
(407) 243-7 92
MEMORANDUM
Date: September 20, 1991
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Purchase and Lease of Property for Fire Station No. 5
Our File #01-91.017
Since the Commission has now authorized the establishment of
Fire Station No. 5 on a temporary basis beginning January 1,
1991, it is appropriate to consider the location of the
permanent and temporary fire station. The Fire Department is
recommending the purchase and lease of land on the northeast
corner of the Blood's Grove property adjacent to Germantown
Road. Our office has negotiated with the Blood's representa-
tive, Ms. Carol Stanley, and is recommending that the City:
1. Purchase a 1.1 acre site for its appraised value of
$145,000, along with an access easement to Germantown
Road.
2. Lease an adjacent parcel totalling 16,748 square feet for
two years at a cost of $16,000, which includes payment for
trees that will have to be removed from the leased site.
3. Payment of costs and attorney's fees incurred by the
Bloods in association with the transfer of the property.
If the Commission concurs with this recommendation, appropriate
resolutions will be noticed in accordance with Chapter 36 and
the contracts will be put before you for formal approval at
your October 8th regular meeting. It would be anticipated that
closing will be held shortly thereafter.
Should you have any further questions regarding this matter,
please do not hesitate to contact the City Attorney's Office.
JSK: jw
cc: David Harden, City Manager
Chief Kerry Koen, Delray Beach Police Department
Carol MacMillan Stanley, Esq.
fire#5-2.txt
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.
MEMORANDUM
'TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
S UBJEC'r : ~_~ENDA ITEM # cr G, - MEETING OF SEPTEMBER 24, 1991
ADDENDUM TO AMENDMENT NO. 3/MAUSOLEUM SALES AND DEVELOPMENT
AGREEMENT
DATE: September 20, 1991
At your April 9-th regular meeting the Commission approved Amendment
No. 3 to the Mausoleum Sales and Development Agreement which provided
for the release of escrow funds in the amount of $48,000 for
construction of the mausoleum. At that time it was considered
mutually advantageous to make improvements at the cemetery in a timely
manner, prior to crypt sales reaching the 33% level. The estimated
cost for constructing Phase I of the mausoleum complex was $74,786.
Subsequently, we have received a letter from Prearrangements of
Delray, Inc. indicating that they inadvertently underestimated the
cost of the construction of the mausoleum by $4,800. This extra
amount includes bond requirements, soil stabilization, insurance and
electrical outlets. Therefore, an addendum is proposed to Amendment
No. 3 of the contract which increases the loan amount from the City
to Prearrangements of Delray, Inc. from $48,000 to $52,800. When
Amendment No. 3 was approved the Cemetery Perpetual Care fund was
identified as funding source. '1'ha t funding source is still valid.
The current account balance is approximately $169,571.
Recommend approval of an addendum to Amendment No. 3 of the Mausoleum
Sales and Development Agreement allocating funding from the
construction escrow and Cemetery Perpetual Care fund in the total
amount of $52,800 to be used for mausoleum construction.
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Mausoleum Construction
DATE: September 16, 1991
Per our meeting this date, attached is a letter form Prearrangements
of Delray, Inc. indicating that they inadvertently underestimated the
cost of the construction of the mausoleum by $4,800 for bond
requirements, soil stabilization, insurance and electrical outlets.
I am requesting that Amendment No. 3 of the Mausoleum Sales and
Development Agreement be amended (Section 2) to increase the amount
of the loan from the City to Prearrangements of Delray, Inc. from
$48,000 to $52,800.
Please include this amendment on the September 24, 1991 agenda for
City Commission consideration.
Parks and Recreation
JW: h
REF:MAUSCNST.DOC
Attachment
cc: David Tolces, Assistant City Attorney
Alison MacGregor Harty, City Clerk
Prearrangements of DeJray, Inc.
N;F:-.n HJR DURA '( HI ACH MUNICIPAl CEMETERY
Sept. 16, 1991
Mr. Joseph Weldon
Dir. of Parks & Recreation
100 NW 1st Avenue
Del ray Reach, PI.
D(~ar Joe I
This will confirm our meeting today, 9/16/91, with Mr. D. Hardin, !
city Manager concerning amendment #3 to the Prearrangement contract
with the City of Delray Beach.
As we discussed, there are several additions Lo the mausoleum
construction that have occurred since the City Commissioners
appruved the loan of $48,000.00 to Prearrangements.
. ,
'Phese are:
1 . Electrical outlets 115V ( 4 )
2. Soil preparation :: ~', "800
3. All-Risk Insurance
4. Performance Bond
5. Accounting service to obtain bond 1000.00
TOTAL $4800.00
These additional costs would increase the loan amount to $52,800.00.
The construction escrow contains $27,000.00. Cumbined, this would
be a total cost of $79,800.00.
Should you have any questions, please contact us.
Sinr~
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u. ~ell H. ager
RHY /t.a
110 E.1St Atlantic Avt'nlH:~ . SllilE:~ 114 . Df,~lri'ly BeClch, Florida 33444 . (407) 276-6601
, be cCCt' ~
AMENDMENT NO. J
TO MAUSOLEUM SALES AND DEVELOPMENT AGREEMENT
DATED JANUARY 5, 1988
This Amendment No. 3 made to the Mausol~um Sales and
Development Agreement dated January 5, 1988 by and between the
CITY OrSELRAY BEACH, FLORIDA, a municipal corporation existing
by v1rtue of the laws of the State of Florida (heroinafter
referred \..0 as "City") and PREARRANGEMENTS OF DELRA Y , INC. , a
Florida corporation (hereinafter referred to as "Management'" )
t.his day o! , 1991.
WHEREAS, the City owns and operates cemeteries
located in t.he City ot Delray Beach, Florida, whiCh contains
~.
cert~in -, real estate dedicated Cor cemetery
vacant purposes;
and,
WHEREAS, the City had previously, on Janudry 5, 1988,
entered into ~ Mausoleum Sales and Development Agreement with
Total Pr~arrangement, I nc . , a Florida corporation, for the
purpose of conduc~1n9 a sales program and construction of the
mausoleum for the City; and,
WHEREAS, Prearrangements of Delr~y, Inc. received an
assignment. of that agreement from Total Prear r angeruen t, 1 nc. ;
.:Jnd,
- WHEREAS, sald.asslqnment was approved by the City and
the agreement and Amendment No. 1 to the Mausoleum Sales and
lJevelopmellL A9ro~ment was entered into on August 9, 1989; and,
1
~ ,"
WHEREAS, Amendment No. 2 to the Mausoleum Sales and
Development Agreement was entered into on September 20, 1990;
and,
WHEREAS, pursuant to Section 4 of the agreement,
Mdn4gement has des 19ned and the City has approved a mausoleum
comp,lex consisting of 180 crypts and niches to be built in
Phas"s 1 , 2, 3 and 4; and,
WHEREAS, Management 1s required at the earlier occur-
rvnce of the fourth anniversary of the Agreement or the sale ~f
thirty-three percent (33') of the crypts to begin construction
on Phase 1 of the Complex; and,
WHEREAS, the sale of crypts has not yet reached
thirty-three percent (33\) of the total to be built in Phase 1;
and,
WHEREAS, the parties believe it to be mutually
advantageous in order to increase crypt and niche sales and
improve Lhe cel\\tttery to begin construction of tho mausoleum as
soon as ~oss1ble; and,
WHEREAS, the construction escrow fund contains
$27,152.00; and,
WHEREAS, the cost of constructing Phas~ 1 of the
mausoleum complex is $74,786.00.
NOW,. Tt.lERtF'ORF;, in c:oncq.det'a I.ion of the preflllses,
covenant!; i:wd agreemunts herein contained, it is under~tood and
~gnJed by and be\.ween the pat"ties as follows:
2
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1 . The City agrees to release of the monies
cunt~1ned .in the construction escrow fund to be used in
construction of the mausoleum.
2. The CiLy shall provide Management with
Forty-eight Thousand Dollars ($48,000.00) to be used to financ~
the construction ot Phase 1 of the mausoleum. In no event
shel11 the monies the City provides to Management, when added to
the monies available 1n the construction escrow fund exceed the
actual cost ot the construction of Phase 1 of the mausoleum.
3. The monies in the construction escrow fund and
addit.ion~l moni.es to be provided by the City to Management
~hall bG maue available in accordance with the draw schedule
contained 1n the contract between Management and Contractor.
4. Such cont.ract shall be subject to review and
~pprov~l by Lhe City Attorney's Office. Should the contract
betwe~n the Management and the Contractor not be acceptable to
the City At touley' S Ot' f ice for any reason whatsoever, this
AmE:lndmunt shall be null and void.
S. It total costs to complete Phase 1 of the
mausol.eum are in excess ot Forty-eight Thousand Dollars
($48,000.00), such excess cost shall be borne solely by Manage-
ment. FurLh~.rmore, Management shall have no rJ,ghts to
reimbuL:'iement Cor such cost~ tnrQllgb_. ...tu..t.ur..e. l11Onip.s. to be,
duposited in the construction escrow fund.
3
6 . Payments c;ontemplated by Paragraph 4(d)(3) of
the AgLet:ment shall be paid directly to the City rather than
the consl..ruct1on escrow !und until such time as the City has
recouped its prlnc1pal i.nvestment into Phase 1 of the mauso-
leum.
7. ManagemenL shall pay interest accruing at a rate
of twelvt! percent (12'> per annum on the remaining outstanding
principal inve~tmenl of. the Clty as of May 1st of each year
following the execut.1on or this Amendment. Payment of the
interest shall be due by June 1st of each year following the
executioll of this AI1\andment.
8. MonGgenuimt may not. begin sales on approved
Phases 2', J or 4 until such time as it receives City approval
to pL'ot.:eed wi th such a sales campaign.
9. Managemont il; prohibited trom entering into
flnu,u.;e account. arrangements or agreements as such are defined
in Paragraph l{e).
10. Sect.ion 14 is hereby amended to read as fOllows;
Section 14. Cancellation or Annulment of
Contract Without Cause. The City may cancel or annul
this contract without cause at any time during the
duration of this Agreement, provi.ded, however that in
such event, the City shall furnish Management with
notice of its intent to cdncel or annul the contract,
without causa, at Jea~t 120 days prior lO the actual
effective dale of the cancellC2tion or annulment of
said contract. . Within thirty (30) days of the . . .
effecti.ve date of such cancellation or annulment,
without cause, the Cit.y shall pay to Management
Fifteen 'l'housand Dollars ($15,000) in United States
currency as liquidated dC2magcs. In addition to the
4
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payment of Fifteen Thousand Dollars ($15,000),
Management shall be entl tled to all payments due to
Management pursuant to Section 5 of the Agreement,
related to Sales made prior to the effective date of
the cancellation or annulment. No other claims or
damages may be asserted against City should the City
elect to cancel the contract in accordance with this
Section.
11- Pa{,'~9raph 4 (S) is amended to read as follows:
Management. shall maintain a sales office within the
corporate boundaries of the City of Delray Beach.
The location, size and general decor shall be subject
to prior approval by the City. The effect ot this
change is to eliminate the requirement that Manage-
ment maintain an of.fice on the cemetery site but does
not preclude such a pOSSibility if Management desires
such an office and the City approves such an office.
12. Section 12, Record., 1s hereby amended to read
, as follOws:
Managemenl.. shall maintain daily logs of all
sales activities \lhich shall be available for
inspection upon City's request. Within ninety (90)
days of the City's request, Management shall submit
to the City an annual financial statement audited by
a Florida C.P.A. Certified PUblic Accountant, which
shall include a statement of Management's profits and
losses related to this Agreement with such revenue
and expenditure detail as required by the City;
provided, however, that no audited statement need be
provided within two (2) years of a previou8ly audited
statemen'.. City shall have the right to inspect all
records of Management and shall have the right to
audit any and all statements, books, or records.
13. In ,;)ddlt1on to all other responsibilities and
C;OV~Jl(U'a~S MdJla9~1IH::tn t may ha.ve t t~ey do fU.f_tpe.r: __ a91:~e not to
-
mc1ke any direct telephone solicitations for the sale of crypts
Or n.i ches 01' t!r1g&Jge in a phone bank sales operation.
5
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14. All portions ot the aqreement and prior amend-
men~s not hereby 4mended shall remain in full force and effect.
IN WITNt:SS WHEREOF, the parties hereto have caused
this Amendment and three counterparts to be executed and their
seals aLtusted by their duly authorized officers all on the day
and year firs~ abovo written.
AT'rEST: CITY OF OELRAY BEACH, FLORIDA
By: By:
Ci ty C1'erk
Approved 4S to Form:
Ci ty Attol:n.::y
ATTEST: TOTAL PREARRANGEMENT, INC.
'.
By:__. By:
Witness
Witness (Corporate Seal)
. . . . - . - . ,-
6
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[i,/V}
SUBJECT: AGENDA ITEM # ~ II - MEETING OF SEPTEMBER 24, 1991
BEACH CLEANING CONTRACT
DATE: September 20, 1991
At your August 13th meeting the Commission authorized staff to
negotiaLe a contract with the current service provider, Universal
Beach Service Corp., for beach cleaning services. That contract is
now before you for approval.
The contract term is for three years and shall automatically renew for
additional terms of three years each upon the same terms and
conditions unless terminated by either party in writing at least 90
days prior to the expiration date of the contract. Unless terminated
the contract allows that after the initial three year term, the annual
base compensation of $62,000 will be increased by the three year total
increase in the cost of living based on the Consumer Price Index, not
to exceed 2106 OVOE tLe three yeo..J.. .l:JO:;.L";'od. 70/0 fU.I' ~ _
The frequency of cleaning remains the same, five days a week;
however, there is a provision included in the contract to allow the
City to increase the frequency of seagrass raking to six days pe~ week
at an additional cost of $5,000 per year. The contract also pr0vides
that the City will pay any increase in the disposal tipping fees or
dump charges incurred by Universal in excess of the amount incurred
during the first year of the agreement. A detailed staff report is
attached as backup material for this item.
Recommend approval of the contract for beach cleaning services with
Universal Beach Service Corp. in the amount of $62,000 with funding
from Contractual Beach Cleaning (Account No. 001-4123-572-33.89).
~W/ &CfJI ~
[mar? lEt ~~ 7% pv7 ~ ~ )
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Beach Cleaning Contract
DATE: September 12, 1991
Per our meeting with Universal Beach Service on September 5, 1991,
attached please find the contract for beach cleaning with Universal
Beach Cleaning Service Corporation. As you know, City Commission
directed the negotiation of a new agreement which expires September
30, 1991~ Changes in this agreement include:
1. The frequency of the cleaning of the beach is to remain the same
(five days per week with overlapping stretches of the beach
being cleaned and maintained each day) as well as the raking of
the seagrasses (Section D) and debris and trash removal (Section
C). Compensation for these services is $62,000 ($45,000 for
beach cleaning and $17,000 for debris and trash removal) per
year. The existing contract that was in effect for six years
paid Universal $42,500 per year for the same services.
2. The contract term is for three years and shall automatically
renew for additional terms of three years each upon the same
terms and conditions unless terminated by either party in
wri ting at least ninety days prior to the expiration date.
Unless terminated the contract allows that after the initial
three year term, the annual base compensation shall be increased
by the three year total increase in the cost of living based on
the Consumer Price Index, not to exceed 21% over the three year
period.
3. The City agrees to pay any increase in the disposal tipping fees
or dump charges incurred by Universal in excess of the amount
incurred during the first year of the agreement.
4. The City has the option to increase the frequency of seagrass
raking to a level of six days per week in overlapping sections
where the entire beach is raked three times per week for an
additional $5,000 per year.
5. Liability insurance was raised from $500,000 to $1,000,000 also
with a provision for Motor Vehicle Liability Insurance.
Beach Cleaning Contract
September 12, 1991
Page 2
Please place this on the September 24, 1991 agenda for Commission
consideration.
U
J
D Parks and Recreation
JW: j mh
REF: CONTRACT. DOC
~ 'I.
.
CONTRACT FOR BEACH CLEANING SERVICES
This CONTRACT FOR BEACH CLEANING SERVICES, entered into this _ day of _
, 19_, by and between UNIVERSAL BEACH SERVICE CORP., a Florida corporation,
hereinafter referred to as "Universal," and THE CITY OF DELRA Y BEACH, a Florida municipal
corporation, hereinafter referred to as "City."
WIT N E SSE T H:
WHEREAS, Universal is engaged in the business of beach maintenance, cleaning and debris
removal; and
WHEREAS, the City owns certain beach property located within Palm Beach County, Florida,
adjoining the Atlantic Ocean comprising of approximately 1.4 miles extending north-south along the
Atlantic Ocean; and
WHEREAS, City is desirous of engaging the services of Universal for the purposes set forth
herein;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained
and other good and valuable consideration, the parties hereto agree as follows:
1. SCOPE OF SERVICES. The general scope of services to be performed by Universal shall
be to clean and maintain, in a reasonable manner, the entire length of the City's public beach during
the term of this Agreement. Universal intends on providing these services on the basis of five (5)
days per week, with overlapping stretches of beach being cleaned and maintained each day, weather
and environmental conditions allowing. More specifically, Universal agrees to provide the following
services to the City with respect to the subject contract:
A. Hazard Manall,ement. Universal has unique equipment available to lift and
remove from the beach foreign material up to 1,500 pounds, to grade areas of
beach and move fill from place to place in order to attempt to correct
hazardous conditions that may develop from time to time. Universal agrees
to provide such hazard management services as the City shall reasonably
request with such services, by way of example, including the removal of
broken glass, the shoring of eroded and deteriorated walkways by moving fill
into place around them, grading storm cut escarpments, removing threatening
debris and removing or recovering stairways and rip-rap which were covered
by sand pumping and became exposed by erosion. Universal's services shall,
however, be limited to those reasonably within the capability of the equipment
within Universal's possession. Universal agrees to be available for the
performing of such services on an emergency basis and shall respond to the
9-13-91 1
request by the City for the correction of such hazardous conditions as
promptly as reasonably possible; it being understood by the parties, however,
that in the event the City shall recognize minor hazards such as broken glass
bottles or debris of a nature that can be removed by hand by either the
lifeguards or other reasonably available personnel of the City, that such
removal will be accomplished in that manner by the City immediately upon
recognition of the hazard.
B. Erosion control. Universal possesses certain equipment capable of providing
limited beach repair and erosion control measures. The City is from time to
time in need of certain measures for erosion control and beach repair and,
accordingly, Universal agrees to provide the following services to the extent
of the reasonable capability of Universal's equipment:
(1) Backfilling of washouts, particularly at the foot of eroded stairs and/or
entrance ways,
(2) Grading of excessive sand deposits,
(3) Grading of escarpments to a more easily navigated slope,
(4) Adding sand to and grading around lifeguard stands.
Universal's services as to erosion.control and beach repair as provided herein
are intended to promote vitality to the dune vegetation, to sustain the contour
of the beach better against further wave action and to maximize the useable
sandy portion of the beach for recreational enjoyment and coastal preservation
in general. These measures are taken by Universal in an attempt to effectively
control, limit or eliminate sand erosion problems on a day to day basis, and
although they provide stabilization for beach preservation they cannot be
guaranteed due to the destructive potential of major storms.
C. Debris and trash removal. Universal agrees to remove all trash and debris,
including wood, plastic, glass, rock and metal objects deposited on the City's
beach by the ocean or by bather usage seaward of the Scavolea line. Universal
shall remove and dispose of all such trash and debris as collected from the
beach by transporting the same to the county's existing transfer station.
Universal shall empty and maintain the refuse containers (refuse shall mean
garbage-trash as these items are commonly understood) on the beach a
minimum of five (5) days per week; Universal covenants that such service will
be provided every Sunday and services on the remaining four (4) days shall be
adjusted so that no large accumulations of reCuse will be leCt unattended to.
9-13-91 2
Universal shall maintain the area around the containers in a clean and sightly
manner. Universal further agrees that it shall properly dispose of the collected
refuse and shall pay any and all disposal fees associated therewith,
D. Seall.rasses. Seagrass is to be raked one (1) time per week from 300 feet north
of N2 lifeguard stand to the north property line of the Public Beach; from 300
feet north of N2 to the south property line of the City Beach to be raked twice
a week; the Atlantic Dunes Park Beach cleaned and raked three (3) times per
week, Any seagrass selected for dune reconstruction shall be suitably clean,
devoid of debris, litter, tar etc. Universal shall remove from the beach and
transport to the county landfill site any seagrass inextricably combined with
debris, tar, dead marine organic matter or other items not suitable for
reconstruction in Universal's discretion, During the initial term of this
Agreement, the City is hereby granted the option to increase the frequency of
service from that set forth above to a level of six (6) days per week, in
overlapping sections, with the entire beach being cleaned and raked three (3)
times per week for an additional cost of Five Thousand Dollars ($5,000,00) per
year. In the event the City elects to increase the level of service pursuant to
its option herein provided, the City shall provide Universal with fi fteen (15)
days advance written notice prior to the end of any given month, and the
additional compensation due Universal shall be prorated over the remaining
number of months in that year. By way of example, in the event the City
notifies Universal tbat tbey elect to increase said level of service after six (6)
montlas after tbe initial term of this Agreement, Universal will be entitled to
an increase in compensation in tbe amount of Two Thousand F;ve Hundred
Dollars ($2,500.00) for the remainder of the first year and Five Thousand
Dollars ($5,000.00) for each subsequent year during the initial term of this
Agreement.
E. Storm Condit.. aDd Beach Restoration Pro;ect Debris Removal. In the event
of a hurricalle. m. storm or act of God, heavy oil aCCllm ulation or
abaormal accumulation of marine vegetation. debris and rocks deposited upon
the beach 81 8 result of the City's prospective beach restoration project
.....,.., ,...diuol" .r. .,..te4 tilat IIIl ullusual and excessive amount of
material is deposited on the beach, then upon Universal's request and the
ell,', '...Olllble apprdva' tbat lueb depolitt are indeed excessive, the City
'''all ....yld. du.,. l.uolr.. d.'y.... and disposal rees t~ hlul and dispose of
9-13.'1
3
such unusual and excessive debris and materials. In the event of a hurricane,
major storm or act of God as determined by the City, the City shall provide
dump trucks, drivers and disposal fees to haul and dispose of debris and
material from the beach, In the event of a hurricane, tropical storm, heavy
oil accumulation or abnormal accumulation of marine vegetation, the City
reserves the right to use its own force or contract for additional services to get
the beach cleaned as rapidly as possible in coordination with Universal's
cleaning activities,
F. Landscaoinl!. Universal will provide services for tbe maintenance of tbe
foredune vegetation areas which will include the deposit of seaweed mulch in
and around the foredune vegetation at tbe direction of the City and the
careful hand raking of the foredune vegetatioQ area in the event debris is
deposited by storms from the ocean into that area.
2, TERM_ This Contract shall commence on the first day of October, 1991, for a term
of three (3) years and shall automatically renew for additional terms of three (3) years each upon the
same terms and conditions herein unless terminated by either party in writing at least ninety (90) days
prior to the expiration of each such term.
3. COMPENSA TION. In consideration for Universal's providing the services
hereinabove described, the City agrees to pay to Universal the annual "base compensation" of Sixty-
two thousand and no/100 ($62,000.00) per year during the term of this Agreement. Upon the
expiration oC the rirst three (3) year term and each three (3) year term thereafter the parties hereby
agree to meet one hundred twenty (120) days prior to the expiration of each said term to negotiate
the base compensation Cor the ensuing three (3) year term. In the event the parties shall fail to
negotiate the base compensation for each said renewal term prior to the expiration of the existing
term and in the event this Agreement shall not have been terminated pursuant to the provisions of
Section 2 above then said base compensation for each such subsequent three (3) year term shall be
determined as follows: For each subsequent three (3) years the annual base compensation shall be
increased by the increase in cost of living, if any, on the basis of 1982=100 in the Consumer Price
Index For All Urban Consumers, published by the Bureau of Labor Statistics, U.S. Department of
Labor with a fraction the numerator of which being the cost of living index for the month of August
for then current year for such adjustment and the denominator being the cost of living index for the
month of August of the first year of such three year term multiplied by the base compensation for
such immediate past three year term (By example, in the event during the second three (3) year term
of the contract the cost of living for August 1994 was 150 and the cost of living index for August
1991 was 135 the base compensation for the immediate prior three (3) year term would be multiplied
9-13-91 4
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by 1.111 to arrive at the new compensation for such subsequent three (3) year term. Notwithstanding
the foregoing, in no event shall any increase in the "base compensation" as a result of this adjustment
be more than twenty-one percent (21%) the base compensation for the preceding three year (3)
period, Said "base compensation" shall be paid to Universal in equal installments payable on the first
day and 15th day of each montb commencing on the first payment day following the execution of this
Agreement.
4. ACCESS. The City agrees to provide Universal with free access to the City's beach
property and not to interfere with the performance of the service herein contracted for; provided,
however, that the City may reasonably restrict Universal's access to the beach for safety reasons or
emergencies, Notwithstanding any other provisions of this Agreement to the contrary, the City
hereby reserves the right to restrict Universal's raking operations on portions of the beach to comply
with turtle protection ordinance and law requirements as they may be imposed from time to time
during the term of this Agreement.
5. STORAGE OF EOUIPMENT AND LIST OF CURRENT EOUIPMENT. Universal
agrees to provide its own storage for its equipment. No equipment will be stored on the beach, City
property, or City rights-of-way without the City's express advance consent. Universal represents to
the City that the equipment set forth in Exhibit 'A' is currently in service and that Universal will
utilize the same or similar equipment for performing its obligations under this Contract.
6, HOURS OF SERVICE. Universal may begin worle at 5:30 A.M, and work until 10:30
A.M. on each work day. If in the case of an extremely heavy accumulation of debris Universal finds
it necessary to work past 10:30 A.M. or begin earlier than 5:30 A.M., approval must be obtained from
the Director of Parks and Recreation which approval may not be unreasonably withheld. Se ve re
weather conditions, acts of God, and matters beyond Universal's reasonable control (such as lack of
access to the barrier island due to bridge failures et cetera) are acceptable reasons for U ni versal
failing to provide cleaning services on a scheduled day. For each day that Universal shall fail to
provide service without an acceptable reason there shall be a deduction in the compensation due
Universal in the amount of 1/25 of Universal's monthly payment. Services shall be rendered by
Universal on all holidays that fall on a regular scheduled work day other than December 25.
7, LICENSES. Universal agrees to maintain all necessary licenses and permits required
for Universal to provide the services required herein and the City shall carryall permits required of
it as the "Owner" to have its beach maintained.
8. DISPOSAL COSTS. Universal agrees to provide disposal services at its expense for
all debris, seagrasses, and trash removed from the beach, however,
In that Universal's disposal costs through the Solid Waste Authority sites are not within
9-13-91 5
Universal's control, the City agrees to pay to Universal any increase in the disposal tipping fees or
dump charges incurred by Universal in disposing of the City's debris, seagrasses, and trash removed
from the beach in excess of the amount incurred during the first ye~r of the term of this Agreement.
The City shall have the right to review and audit all records kept by Universal with respect to such
costs, Such excess sums shall be paid to Universal within thirty (30) days following submission to the
City of an invoice and documentation as to such amounts,
9. ATTORNEYS' FEES. In the event suit is brought by either party relative to this
Agreement, the prevailing party shall be entitled to collect all reasonable costs and expenses of suit,
including, but not limited to, reasonable attorneys' fees.
10. LIABILITY INSURANCE. Universal, during the term of this Agreement, agrees to
at all times maintain public liability insurance relative to its business operations wilh limits of not less
than $1,000,000,00 individual/$1,000,OOO.00 aggregate coverage. Universal further agrees to
indemnify, save and hold the City harmless from any and all damages to third parties resulting from
Universal's performance of the services hereunder. In addition, Universal agrees to add the City as
additional insured under said insurance policy, The above referred to liability insurance shall contain
a provision requiring that notice be given to the City thirty (30) days prior to any cancellation.
Universal, during the term of this Agreement, agrees to at all times maintain Motor Vehicle Liability
Insurance covering death or bodily injury with limits of not less than $100,000.00/$300,000,00 for
anyone accident or disaster.
11. WORKERS COMPENSATION. Universal shall provide workers compensation
insurance and show proof of this fact to the City.
12. REPRESENT A TIVE OF CITY. The City hereby agrees to designate the City Manager
as its representative for purposes of the administration of this Contract; provided, however, that the
City Manager may designate the Parks and Recreation Director to administer such of the City's
responsibilities of this Contract as he shall notify Universal in advance, in writing.
13, UNIVERSAL'S LIABILITY FOR DAMAGE. Universal agrees to indemnify, save
and hold the City harmless for any and all damage caused to the City's property due to the actions of
Universal; provided, however, that the City shall be obligated to notify Universal of all buried objects
known to the City and locate them for Universal in order to allow Universal to reasonably avoid such
objects. The parties hereby stipulate and agree that the existing communication system between the
lifeguard stands on the public beach are not adequately buried to assure that they will not be damaged
from time to time by Universal's equipment and, accordingly, the City assumes all responsibilities
therefor,
14. TERMINA TION. This Agreement may be terminated by the City upon the occurrence
of any of the following:
9-13-91 6
'"
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A. The filing for bankruptcy by Universal,
B. Universal's failure to perform its duties required pursuant to this Contract
upon a determination by the City Council; provided, however, that Universal
shall be entitled to judicial review of such decision.
15. ASSIGNABILITY, This Agreement may not be assigned or transferred without the
express prior approval of the City.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of
,19_,
WITNESSES: UNIVERSAL BEACH SERVICE CORP,
By:
10hn Peart, President
(SEAL)
WITNESSES: CITY OF DELRA Y BEACH
By:
Mayor
Approved as to form:
By:
City Attorney
ST A TE OF FLORIDA
COUNTY OF PALM BEACH
Before me, the undersigned Notary Public in and for the aforesaid County and State,
personally appeared 10HN PEART, to me known to be the person described in and who executed the
foregoing instrument, and who, by me being first duly sworn and cautioned, deposed and
acknowledged that he is the President of Universal Beach Service Corp" a Florida corporation, that
he freely and voluntarily executed said instrument, in such capacity, on behalf of said corporation,
for the uses and purpos"es therein expressed, and that such execution is the authorized act of such
corporation.
SWORN TO, SUBSCRIBED AND ACKNOWLEDGED before me by said officer this _ day
of ,199_.
Notary Public
State of Florida
My commission expires:
9-13-91 7
'. ~5-0
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8:"'/1,
SUBJECT: AGENDA ITEM # 9.:[. - MEETING OF SEPTEMBER 24, 1991
CHANGE ORDER NO. 1/A.O.B. UNDERGROUND, INC.
DATE: September 20, 1991
This is a Change Order in the amount of $18,450 to the contract with
A.O.B. Underground, Inc. for the installation of six additional fire
hydrants on Germantown Road, A-I-A, and Tropic Boulevard. One hydrant
will be installed on Germantown Road, four hydrants on A-I-A and one
hydrant on Tropic Boulevard. The reason for this change order is to
provide hydrants to areas that have no fire protection as recommended
by the Fire Department. In addition, this change order increases the
contract completion date by 30 days.
The original bid was awarded on a unit cost basis. This change order
is based on estimated quantities of materials needed to make the six
additional hydrant installations.
Recommend approval of Change Order No. 1 to the contract with A.O.B.
Underground, Inc. in the amount of $18,450 with funding from Water and
Sewer Capital Outlay Equipment Other (Account No. 441-5161-536-60.59).
I
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Agenda Item, No. :
AGENDA REQUEST
Date: September 16, 1991
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: Seotember 24. 1991
Description of agenda item (who, what, where, how much): Reauest City
Commission to approve Change Order No. 1 for A.O.B. Underground, Inc. for installing
Rix additional fire hydrants in seyeral locations for $18.450.00 - Proiect No. 91-04.
Original contract $32,063. - Bid No. 91-35. Funding source 441-5161-536-60.89 -
Installation of fire hydrants.
ORDINANCE/ RESOLUTION REQUIRED: ~/NO Draft Attached: msvNO
Recommendation: Recommend City Commission to approve Change Order No. 1
to A.O.B. Under~round. Inc. for $18.450.00.
;..,
Department Head Signature: ~tI6...---M~2 9I'~J
Determination of Consistency with Comprehensive Plan:
"!"
City Attorney ReviewI Recommendation (if applicable):
Budget Di~tor Review (required on all iteas involving expenditure
of funds): ,f,'-7\,.{'a:.~
~
Funding available:~o
Funding alternative : (if applicable)
Account No. & DeSlfiption: ~~/- 5/(.I-S,Jl,-J/),S'I
Account Balance: If, '1$0, 0 W/s ~d. eaeJ~
City Manager Review: ;Z~~
Approved for agenda: YESI NO J-N,sf. U-~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
CHANGE ORDER
No. 1
Dated: September 16, ,199~
Project No. 91-04
Project Name: Installation of Fire Hydrants in Tropic Palms
Owner: City of Delray Beach, Florida
Contractor: A.O.B. Underground
Contract Date: February 1, 1991
To: Mr. Bates O'Neal , Contractor
You are directed to make the following changes in the subject contract:
Add one hydrant on Germantown Road, Four hydrants along AlA, and one at
Tropic Boulevard.
which changes are more specifically described in the attached amended
plans, drawings and specifications.
The reason for the change is as follows: additional hydrants are required
by Fire Department for the areas that have no fire protection.
The contract price and contract time shall be adjusted because of such
changes as follows:
A. Contract Price
1. Contract price prior to this change order: $32,063.00
Page One of Two Pages
~ ,I.
CHANGE ORDER # 1
2. Net increase resulting from this change order: $18.450.00
3 . Current contract price including this change order: $50.513.00
B. Contract Time
1. Contract time prior to this change order: 60 days
2. Net increase resulting from this change order: 30 daYR
3. Current contract time including this change order: 90 days
City of Delray Beach, Florida, OWNER
By:
Attest:
City Clerk
City of Delray Beach
Approved as to form: city Attorney
The above changes are accepted on ,199 . I
understand that all the provisions of the Contract Document related to
Project No. which are not inconsistent with the terms
of this Change Order shall remain in effect and apply to all work
undertaken pursuant to this Change Order.
witness:
,Contractor
By:
As to Contractor Title
.
Page Two of Two Pages
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER c0'1
SUBJECT: AGENDA ITEM # q r - MEETING OF SEPTEMBER 24, 1991
AUTHORIZATION TO USE POMPEY PARK/COMMUNITY BOXING ACTIVITIES
DATE: September 20, 1991
During the past few months a local citizen, Mr. Joseph Valentino, has
established a local chapter of the United States of America Amateur
Boxing Federation boxing program for Delray Beach children. The
program is geared for youngsters ages 8 through 19. Currently, boxing
instruction is being conducted at a private business. This is a
temporary facility which cannot accommodate the proper boxing
equipment.
As this program is conducive with the aims of the Kids and Cops
program, as well as other preventive and recreational programs
offered through the City, staff is requesting that Commission
authorization be given to use the Pompey Park recreational center for
this activity.
The Risk Manager has reviewed this request and has expressed concern
about the potential liability which may exist as result of this
program. He has recommended that hold harmless agreements be
considered as an avenue for reducing the City's liability.
Additionally, that we ensure that we are named as additional insured
on the liability insurance provided by the United States of America
Amateur Boxing Federation. A detailed staff report is attached as
backup material for this item.
Recommend approval of the request to use the Pompey Park recreational
center to conduct the United States of America Amateur Boxing
Federation boxing program contingent upon actions being taken to limit
the City's liability.
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Agenda Item No. :
AGENDA REQUEST
Date: 7/24/91
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: August 13, 1991
Description of item (who, what, where, how much): Utilization of
Pompey Park facilities for Community Boxing Activit~es
sponsored by Noontime Kiwanis and by the U.S. Amatuer Boxlng
Fpnprat;nn, for boys over 8 vears of aqe.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YE S i€J
Recommendation: Interim Police Chief, Parks and Recreation Director
and Boxinq Committee recommend approval.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature: .z ~c~
City Attorney Reviewl 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 agen~;; c!!~1 NO !Jvl
Hold Until: c! .~
I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: ApprovedlDisapproved
. .
.
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Sergeant Ross Licata ~
Community Relations Section
THRU: Richard M. Lincoln,~nterim Police Chief
DATE: July 19, 1991
SUBJECT: BOXING PROGRAM AT POMPEY PARK
During the past few months a local citizen, Mr. Joseph Valentino,
who is also a part-time City employee at the tennis center. has
established a local Boxing Program for Delray Beach children. It
is a local chapter of the United States of America Amateur Boxing
Federation.
The Boxing Program is geared for youngsters ages 8-19. Currently
the boxing instruction is being conducted at Atlantic Gardens.
643 West Atlantic Avenue every Wednesday evening, 5:00 - 6:30
p.m. and Saturday afternoon, 2:00 - 3:30 p.m. The site. however
is not conducive for this type of program. It is a reception
hall that the owner has donated for temporary use for the Boxing
Program. The proper boxing equipment needed for training cannot
be installed there because the hall is used for other special
events, (i. e. weddings, receptions, parties, etc. )
This program has been very popular for children in the minority
neighborhoods, as witnessed by our police officers who provide
personnel support through the Kids and Cops Program. Our intent
is to assist in helping enhance this program with hopes of
providing a place for at risk, as well as other children. to go
and participate in a worthwhile program. We also plan on
conducting drug education programs to the children participating
in the program.
On behalf of Mr. Valentino, we are requesting the use of Pompey
Park to conduct future boxing programs. This site is located in
an ideal area, making it easily accessible for children in the
minority neighborhood.
From 1981-1983 Mr. Valentino conducted similar boxing seminars at
Pompey Park. Many of the brackets needed to install necessary
boxing equipment are already in place at the site. This activity
was conducted under the direction of Mr. Bill Condrey, the past
supervisor at Pompey Park.
~ ,"
. -SUBJECT: BOXING PROGRAM AT POMPEY PARK
JULY 19. 1991
PAGE 2
Mr. Valentino also conducted boxing seminars for fifteen (15)
years in Falls Church. Virginia for 70-90 children. He is
dedicated to this effort and has a genuine concern for safety.
His experience will be instrumental in making this a successful
program.
This concept has been discussed with Mr. Joe Weldon, Director of
Parks and Recreation. and Leonard Butler, Supervisor of Pompey
Park, and both agree that it could prove to be a very popular
program in Delray Beach. If approved, the schedule for boxing
activities will be worked out with Mr. Butler of Pompey Park.
Additionally, the United States of American Amateur Boxing
Federation provides a $1,000.000.00 liability insurance coverage
on the registered site for boxing activities.
The children are also covered up to $1.000.00 for injuries
sustained during practice and up to $10,000.00 during a
sanctioned boxing match.
Your consideration will be appreciated.
vls
cc: Major W.H. Cochrane
01111
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100 NW. 1st AVE:rJUl . L'i.! He" t, '.., H F i. OH lOA 33444 . 1.'243 IUOG
M E M 0 RAN DUM
TO: David T. Harden, City Manag~~..
FROM: Lee R. Graham, Risk Manager ( 'v ~
v
DATE: September 13, 1991
SUBJECT: Boxing Proqram at Pompey Park
If the Boxing Program is permitted at Pompey Park, there would be two
important considerations from a Risk Management viewpoint; namely the City's
potential liability, and medical treatment for injured participants.
Since many of the children have no accident or health insurance, in the event
of a serious injury there would exist an immediate crisis, possibly followed
by a lawsuit against the City. Therefore, I would recommend that the sponsor
purchase a group accident policy covering sports injuries. I believe that
the $1,000.00 medical benefit would be inadequate. Other higher benefit
levels are sure to be available. I have spoken in the past with Mr.
Valentino and have given him some suggestions regarding accident insurance.
The subject of hold harmless agreements appropriately signed by parents
should be thoroughly explored by the City Attorney and myself.
Al though I am not aware of who the sport sponsor would be, we would want to
make certain that the City would be adequately covered either as the primary
insured or as additional insured.
LRG/sm
cc: Joe Weldon, Director of Parks and Recreation
Richard M. Lincoln, Interim Police Chief
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tf,./Ij
SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 24 1991
RESOLUTION NO. 1
DATE: September 20, 1991
This is a resolution supporting increased competition within the cable
television industry by supporting municipal rate regulation;
competition by local telephone companies; and by supporting an
advanced communication system throughout the United States by the year
2015.
The City Attorney's office has received information that there is
presently before Congress several bills which would impact the
regulation of Cable Television. These bills propose to return to
local government the right to regulate the cost of "basic" tier cable
television services; and, provide more stringent franchise renewal
requirements. Further, the proposed bills provide for competition by
allowing local telephone companies to enter the field.
Recommend consideration of Resolution No. 72-91.
~~ .5 -0 u5ftL
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",
I RESOLUTION 72-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA SUPPORTING INCREASED COMPETI-
I TION WITHIN THE CABLE TELEYISION INDUSTRY BY
SUPPORTING MUNICIPAL RATE REGULATION; COMPETITION BY
LOCAL TELEPHONE COMPANIES; AND BY SUPPORTING AN
ADYANCED COMMUNICATION SYSTEM THROUGHOUT THE UNITED
STATES BY THE YEAR 2015.
WHEREAS, the City Commission of the City of Delray Beach,
Florida joins the National League of Cities, United States Conference of
Mayors, the National Association of Counties, the National Conference of1
Black Mayors, and other local governments which are seeking federaL
legislation that responds to local problems with cable television; and,
WHEREAS, the City Commission finds that it is in the public
interest to provide customer service standards, a meaningful franchise
renewal process, additional competition provided by our local telephone
companies, and for ,local governments to have the ability to regulate
subscriber rates and service standards; and,
WHEREAS, the City Commission finds it is in the public inter""
est to establish a nationwide advanced communications system by the yea~
2015 available to all homes, businesses, educational institutions"
health care organizations, and other users, in order to fundamentally!
improve the United States'international competitiveness in the Informa-j
tion Age with the deployment of an advanced communications infrastruc~
ture to facilitate distribution and dissemination of information.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TH~
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS;
Section 1. That the City Commission of the City of Delrayj
Beach, Florida, does hereby lend it's support to federal 1egiSlation~
House of Representatives Bill 1303, and Senate Bill 12, which woul
return to local government the right to regulate the "basic" tier 0
cable programming.
:
Section 2. That the City Commission of the City of De1ra~
Beach, Florida, does hereby lend it's support for federal legislation,1
House of Representatives Bill 2456 and Senate Bill 1200, which mandateS
that the United States establish a nationwide advanced communicationS!
system by the year 2015 and allow local telephone companies to provide
video programming.
Section 3. That the City Clerk is hereby authorized and
directed to provide copies of this Resolution to Senators and Represen-
tatives from the State of Florida.
PASSED AND ADOPTED in regular session on this day!
of ,1991
CITY OF DELRAY BEACH, FLORIDA
By
MAY 0 R
ATTEST:
City Clerk
.
~ II'
CITY DF DELAAY BEA[H
r .' NEV'S OFFICE ;, \ '. ....
MEMORANDUM
DATE: September 13, 1991
TO: City Commission
FROM: Susan Ruby, Assistant City Attorney
SUBJECT: Resolution in Support of Federal
Legislation--Cable Television
Our office has received information that there is presently
before the Congress of the United States several bills which
would impact the regulation of Cable Television. These bills
propose to return to local government the right to regulate
the cost of "basic" tier cable television services; and,
provide more stringent franchise renewal requirements.
Further, the proposed bills provide for competition by
allowing local telephone companies to enter the field with
fiber optic capabilities which would permit the attainment
of a proposed national policy of providing a nationwide
advanced communication system.
Our office is providing with this Resolution, a letter from
Mayor Dave Karp from San Leandro, California, and an article
which was published in the Sun Sentinel on Wednesday,
September 11, 1991 which contained further information which
may be helpful.
At the direction of the City Commission and by copy of this
memorandum to David Harden, City Manager, our office is
requesting that this matter be placed on the next agenda for
City Commission consideration.
~
SAR/sar
cc David Harden, City Manager
cabres.txt
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August 21, 1991 MAYOR DAVE KARP ---.~ /
".-::::.:
City of San Leandro
The Honorable Thomas Lynch
Mayor of Defray Beach
100 N.W. First Ave.
Delray Beach, FL 33444
Dear Mayor Lynch:
Recently I wrote in the US Mavor and Nation's Cities Weeklv of the need for local government officials
to take a leadership role in calling on Congress to help us protect customers from over-priced and
lackluster service cable television. I promised to provide a packet of materials to assist you in
educating our constituents on the legislation now before Congress. Enclosed are those materials.
I suggest you do the following:
. Pass a rasolution calling on Congess to return regulation of CATV to local government and
repeal the cross-ownership bans prohibiting your local telephone company from competing
in cable.
. Holcfa-news conference or issue a news release to your local media on the passage of
such a resolution.
. Contact your Congressman about your need for local regulation of CATV and the need for
competition while he/she is back in the "home" district during the August recess.
. Write your Congressman and enclose a copy of your resolution.
f plan to actively pursue this issue in the fall. f would appreciate you notifying me of your action or any
problems you have had with CATV by September 21 so I may share that infonnation with Congress
and the Federal Communication Commission staff after the August recess.
Thanks for your assistance. Together we can get Congress' attention on the urgent need for
meaningful cable legislation this year.
Sincerely,
aye Karp4
Mayor
Attachments
DK:spj
CIVIC CENTER. 835 EAST 14TH STREET. SAN LEANDRO CALlFDF'lNIA 94577
TELEPHOl'JE ~.O: ~ 5; =7~-::::25::' i::"A.X (.<';,5; 577.3340 ~ES:OCI'.JC:::: [4151 483."":259
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Special to US MA YOR and Nation's Cities Weekly
"Call to Action On CATV"
by Mayor Dave Karp
San Leandro, CA
Efforts by cities and counties to inform Congress of our continued
concerns over Cable TV service and rates have been heard, and legislation to
return cable regulation to local government and introduce cable competition
from telephone companies is again on the national policy ':lgenda. I am,
therefore, again seeking your support both to regulate cable and introduce
competitive alternatives to cable such as local telephone companies.
We as local government officials, seeking legislative protection for
consumers, fueled the almost successful effort in Congress for cable legislation
last year. A bill to regulate cable was passed by the House, but killed by the
cable industry at the 11 th hour in the Senate. This past March, local
government officials' efforts, coupled with vigorous staff work of the National
--.-.....
League of Cities and U.S. Conference of Mayors, resulted in the introduction of
bills in the House and Senate. The Senate even reported its bill to the floor.
Since mid-March, however, no further action has taken place.
Presently, there are four leading legislative proposals on cable; two bills
that would regulate and two that would introduce cable competition. HR 2456
and S 1200, introduced by Reps. Rick Boucher (D-Va,) and Michael Oxley (R-
Ohio) with Sens. Conrad Burns (R-Mont.) and Albert Gore, Jr. (D-Tenn.) would
establish a national mandate to install an advanced telecommunications system
nationwide by 2015 and introduce telephone cable competition. S 12 and HR
1303, introduced by Sens. John C. Danforth (R-Mo.) and Daniel J. Inouye (0-
Hi.) and Rep. Edward J. Markey (D-Mass.), respectively, would return to local
government the right to regulate the "basic" tier of cable programming.
-more-
.-_.-.
~ ,.... ~.
"Call To Action On Cable TV"
-2- ,
The Conference of Mayors and League of Cities policies support the goals of
each of the four bills. To fully meet the mandates of our policies, elements of
both regulation and competition must be enacted.
Like many local government officials, I had hoped that the Federal
Communications Commission would protect consumers by returning the right to
regulate to local government. But as in the past, when defining "effective
competition," the FCC effectively prohibited regulation for the majority of cable
companies. If consumers are to be protected, legislation is required soon!
Consumers' need for safeguards was once again demonstrated by a
recent GAO report commissioned by Rep. Edward Markey of Massachussetts,
who chairs the House Subcommittee overseeing cable. For the third year in a
row, the GAO reported cable rates were outpacing inflation. This most recent
study documented that the most popular cable service had increased 15% over
a 15-month period ending April, 1991, or twice the rate of inflation.
---'--
To achieve the policy goals of both the Conference of Mayors and the
League of Cities, we, as local government officials, must again communicate
our positions to Congress. I was encouraged by the participation of over 900
local officials in our March letter outlining the need for cable legislation. We
must now undertake new efforts to enact resolutions and engage the local
media in our efforts. We must also notify Congress of our needs. I will be
sending to the mayors' offices across the country a Cable Legislation Action
Packet that includes a suggested letter to Congress, sample resolutions, and a
news release outlining the need for regulation and competition.
With Congress returning home for the August recess, now is the time for
us to communicate the need for legislation to protect cable consumers. We
must inform Congress just how important cable is to us and our constituents.
The time is right for local officials to communicate with Congress and renew the
sense of urgency for meaningful cable legislation this year.
###
".,\1
____u_____ _"'.. _~, .. ..
.
Mayor's sample "Op-Ed"on CATV
"TELEPHONE COMPANIES SHOULD BE ALLOW~D TO OFFER
CA TV"
In 1984 when Congress passed the Cable Communications Policy Act, it
did so based on the assumption that the local cable industry would be subject to
competition. The intent was to create a competitive marketplace whereby the
consumer would be able to choose his or her service from several potential
cable- TV providers. This did not happen--in fact it has been quite the opposite.
In reality, the Cable Act has protected the cable industry from
competition. Because of the law, there are inadequate "checks and balances,"
regulatory or otherwise, on the cable industry with regard to service rates,
service reliability or the quality of cable programming. Add explosive growth
and vertical integration to the lack of competition, and it is easy to see how the
cable indu~~ry has been able to develop into an unregulated monopoly.
Cable companies today control both cable programming and delivery.
And, as the only supplier of cable television, the local cable company can
charge what it wants for the service, carry only the programming it wants, and
provide cable only to those areas it chooses to serve. As a result, consumers
have been forced to pay increasingly higher rates for what is often times
unreliable, poor quality service with limited programming options.
-more-
.
.
-2-
Now, with the advent of fiber optic technology, the local telephone
industry wants the opportunity to offer its customers cable television. The lime
has come to eliminate the restrictions in the Cable Act that are keeping
competitors out of the Ihe cable marketplace. If phone companies wanl in, Ihey
should be aI/owed to compete.
A iocal telephone company offering cable lelevision would create the
type of competitive environment Congress had intended for cable. Competition
would also lead 10 higher quality and more widely available service--being
delivered al compelitive prices. Should thaI option nol be achievable in the
short-Ierm, Congress must aI/east pass legislation returning CATV 10 local
government Oversight. And that would benefit everyone.
"'-.-...."
~ '10
.
J BalNESS
Sun-Sentinel, Wednesday, September 11, 1991 SectIon [.
JACK NEASE [
Staff Columniat
Citizens should get involved
. This issue is really too important to be set-
tled in smoke-filled rooms in Washington Citi-
lens and local officials should get involved,
I've got a couple of biases on the subject that
a lot of people may share,
I think monopolies are inherently ineffiCIent,
greedy, opportunistic and bad for consumel'll,
I think competition is inherently better than
regulation,
And I can't see any reason why compellllon
wouldn't help cable customel'll,
More competition Surely, lhe revenlleS genera led in congested
areas are sufficient to pay for dual wiring of
communities, In fact, cable companies have
is better for cable raised rales so high lILalthey seem to be invil-
ing competition,
Further, I can't see any reason to keep the
H--'~"""~'~ Baby Bells from competing in the business, as
nopoly business with unregulated long as Ihey don't use phone revenue for the
pnces? purpose,
How would you like 10 own a In fact, Ihe ideal siluation would be for the .
monopoly busineu lILat provides phone companies to act as carriers for cOrnJlet.
a service much In demand? inl cahle trallllllisalon companies, Fiber optics
And how would you like to own a monopoly makes that sort of thinl possible,
busineu lhat lovernments either lacked the Hollywood has taken a lood, first step 10-
nerve or authority 10 regulate? ward cable competition, Now it is up to olher
You would have, In effect, a license to print communities and Congreu to folio" tballead,
money, You would be the owner of a cable te- I
levision system,
About Ihree out of every four residents in !
Broward and southern Palm Beach counties
are victims of this system.
Wilh its bllb-rise condomiaiwm and anten'
naleu townhouses, South Florida is mucb more
dependent on cable television lILan most o,f the
nation, where an average of three homes IQ
five has cable.
This is wby it is good news lhat Hollywood
cily officials are considering opening lILat city
up to cable competition, A committee has rec-
ommended that Hollywood grant a franchise
for a second cable company, :1
11 would be even better news if more South
Florida cities would follow tbe eumple, About ,
a dozen comlanies control all cable systems in
Broward an Palm Beach counties,
Cable prices increase willy-nilly, in ways
tbat would never happen in a competitive envi-
ronment. "Take-it-or-leave-it" is Ihe altitude,
Regulation talk surfaces again
There was a time, of course, wben cable ki
prices were regulated, That was before 1984, f,.
i;.
when Congress passed laws elimiaatinl any !
meaningful regulation by local government,
Greedy, sometimes corrupt, local officiais in
many parts of Ibe country had liven cable re-
gulation a bad ume, But consumer prices at:
were lower then.
For more than two years, tbere bave been
reports out of Washington lILal Congreu was \
on the veree of re-re(llllatinl cable, Bullbere's
been more 1Il10ke than lire,
Jockeying by 10bbyUts seema 10 be whal is
stoPpinl action. Cable lobbylsts are opposed to
regulation. Networlt television wants cable to
pay retralllllllsllon f_,
And - here'l the wild card - the Baby
Bells want authority to operate cable. ,
The Baby Bella, the regloaal pholll! comm
ies lILat were Ipun off In the breakup of A "T,
are prohibited from eaterial the busineu with-
out permi.salon from Congress. Southern Bellla
South Florida'l regional.
U,S. Rep, Edward J, MarkW;, a Massacbu-
selts Democrat who bead!! a Ollie subcommit.
lee that overseeslelecommunications, is trylnC
10 work a deal, He _ms to favor retation.
but is willing to use the Ihreat of the aby
Bells to let bls way,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tti 1
SUBJEC'I' : AGENDA ITEM # fJ L. - MEETING OF SEPTEMBER 24, 1991
STATUS REPORT/ORDINANCE NO. 54-91
DATE: September 20, 1991
Attached as backup material for this item is a brief summary of the
status of the revisions being made to Ordinance No. 54-91. More
detailed information will be provided at your Tuesday evening meeting.
JSI~ on 10 I~ }91
~ 110
~
-
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: D T. HARDEN, CITY MANAGER
l Q~~Ud~
---~ D J. KOV CS, IRECTO
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 24, 1991
ORDINANCE 54-91, REGULATION OF MARKETS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
receiving a report as to the progress in making revisions to
this ordinance.
BACKGROUND:
This Ordinance was recommended for approval by the Planning and
Zoning Board but only after substantial revision. Direction was
given to the City Attorney and Director of Planning to make
revisions as appropriate and to return for a new first reading
and subsequent public hearing.
The item is on this agenda for a status report, the revised
ordinance is to be before the Commission on October 8th.
RECOMMENDED ACTION:
Receive and file.
DJK/#85/CCMARKET
...
-
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fl
SUBJECT: AGENDA ITEM - MEETING OF SEPTEMBER 24, 1991
APPOINTMENT EDUCATION BOARD
DATE: SEPTEMBER 18, 1991
Due to the recent resignation of Beth Mulholland, a vacancy has
been created on the Education Board. The term is for two (2 )
years, or through July 31, 1993.
Section 32.28 of the City's code states the following: lilt is
the intent, if possible, that the membership of the Education
Board shall include members who have a background in business,
real estate, and/or education. The members of the Education
Board shall be residents of the City of Delray Beach or shall be
a person with a child or children attending Delray Beach public
schools. Should a member of the Education Board not be a resi-
dent of the City of Delray Beach and should that member's child
or children cease attending Delray Beach public schools, then
such member shall no longer be qualified to serve on the board.1I
The following individuals have expressed an interest in being
appointed to the Education Board and have submitted their resumes
for consideration:
Linda L. Cochran
Jerome H. (Jerry) Marshall
Joseph Valentino (currently serving on Kids and Cops)
Horace Waldman
Based upon the rotation system, the appointment will be made by
Commissioner Alperin (Seat #2).
Recommend appointment of a member to fill the unexpired term of
Beth Mulholland on the Education Board, to a term ending July 31,
1993.
&~ ~ ~ ~ C-Io JO/'i?/90
liIll.
. -
.
Sf'!pt.ember 4,1~"1
5208 Cl~ue12nd Ro~d
.f~.t;( ~_ Dnlr;-,u Il!('!r'ch, Fb.
roE 4'::,~ j'/j? ~,. 33484
, 06, .J.,
v I -,
C/ ... 1991
Ci ty ~1pn'"'{lp.r h MAN ,_
t-lr DZ'uid T. !-hrdr-m AGtR's OFF \
100 N.III. 1st. rhIP ICE
081r~y ~e-ch, Fl~.
3~44l+
Oegr Mr H'"'rden,
It is ,~ith rearet ~h-t I ~U5t r~~irn from ~he Educ~tiQn ro-~rl of
-~ De1r"v ~.,-ch.,
I I h"""e h"rfto rl"l"1Ov., t!-.o of mu Ch1 J dTPn fro" th"" public !'lchooJ.
~vstern of DRlrRV t.hi~ vo""r ""nd pI-re th~m in pTil,-,te ~chl)ol -t rre-t p~rson""l
i expensa rlUR tl':' ",motion""l -nd rhwltc-l t;r'"'l!!Ti- t.h"lV r",d.twed...,t C-'rv"':r" ~13.ddlp.
school "'nn S.D.Sp-r!l1 "':1:":1,001 J.~'~t. \It'I-r.
I coon no Inn reI' irnor1'1. +.1,,-,, f-'ct th...,t ""1 t;houoh I ~'"'ve ,,'orkp.d for four
v"'~r~ to try to h~lp I'~m~d\l Born~ of the problems ~t theBe schools, I ~""dlV ~r
j no 'ch-n~f1 or minim-'l in t.he r""~i-l h""l-nce or ou~litv of educrytlon, ~n f-ct
j.......'.. I feel the problt?rns ""rF! \olor~,.,. I :-;om. unebI" t.o Siv" cny more of mv hm" to
.. these probleMS. MV children must be nv first. proritv.
. In closing I tofollld suggest if I m~y tbr>t you find R WnY to close the
~ repu18r curriculum ?t S.D.Sr~dv. It h-s 101'19 been ignored nnd th~ childr~n ther'
j
'....i.. ~re suffering_ S~condly pln-~~ bp ~brr~ th~t n-nv peopl~ includinq your 3t~ff
i.1 c;re prp.nrmt.l\f rr!f~r:r:'5.n" +'0 the n!'! M1ddle rlGhool ~.~ the "New C""rv~r" _ A~ I 'Tl
:' SliTI':! I/OLl ~TP. ~!rrl"! th"'! pr~snnt C:-orver ~litJd1e School h;-:!!l" well e~rn~d b~d
· reputstion ~pnd I beli~vl"! the qo-l of t.he city is to uplift the im~Q~ of
i.4 its ~choo15. Thi~ will h~ impoA~iblp 1m mv opinion unless thl"! new school h~5
. .
c,',>
~ ..,. net" n:-orne. Ple;'"'~e 00 'not be sW::1ved b\f th", emotions of sornp. in the CClmml'ni tv
: :--nd their s~ntiment~lity. Thpre i~ ~ l..,.rne nroup of citizpns in Delr~v th~t will
I .
not s~nd their childr",n to pu~lic ~chnols for this re~son.
I ~rp.-tlv 7ppreci~tp uour recent ~ppointment of me to the Educ~tiorn no"rd.
I ~m th~~kfyl for thn RxpRrience I h~v~rpciev8d ~nd I ~m truly sorry I will
be un..,.ble t.o sp.rve.
S1ncerr:!lv,
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~:~; ~v Of DElRAY SERCH
(, ' ".,. ~ 1 a N l 'r \' '.' \. r r" to
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MEMORANDUM
TO: MAYOR AND CITY COgJviISSIONERS
FROM: CITY MANAGER v1
SUBJECT: AGENDA ITEM # 10 A - MEETING OF SEPTEMBER 24, 1991
RESOLUTION NO. 70-91
Dl>. TE : September 20, 1991
This item is before you to conduct a public hearing on Resolution No.
70-91 which levies a property tax of $7.15 per $1,000 of assessed
value on all properties within the City of Delray Beach.
Recommend approval of Resolution No. 70-91.
P Ll1tL ~UXtLV~~
~m rnoti&- ~ (J)u JL/Ul01../
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~tcr 101'8'/91 05- 7Prn
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RESOLUTION NO. 70-91 ~
A RESOLUTION OF THE CITY COMMISSION OF T~CITY OF
DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ~ PROPERTIES
WITHIN THE CITY OF DEL RAY BEACH, F ORIDA, FOR
MAINTENANCE AND OPERATION, AND TO LEVY/ TAX FOR THE
PAYMENT OF PRINCIPAL AND INTER&ST ON BONDED
INDEBTEDNESS, AND TO ALLOCATE AND ~PPROPRIATE SAID
COLLECTIONS THEREUNDER.
/
NOW, THEREFORE, BE IT RESOLVED JY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLO~:
Section 1. That there shall/be and hereby is appropriated for
the General Fund operations of the C'ty revenue derived from the tax of
$6.2000 per one thousand ($1,000) llars of assessed valuation which is
hereby levied on all taxable pro rty within the City of Delray Beach
for the fiscal year commenci October 1, 1991, and terminating
September 30, 1992, the assesse valuation on all taxable property for
operating purposes within the ity of Delray Beach being $2,536,134,352
for operating and for mainten nce expenses of the General Fund, and also
in addition, all revenues de ived by said City during said fiscal year
from all other sources othe than the tax levy for current bond service
and that part of collectio of delinquent taxes levied for bond service.
The operating millage rat of $6.2000 per one thousand ($1,000) dollars
does exceed roll baCkt $5.8593 per one thousand ($1,000) by $0.3407
per one thousand ($1,00 dollars which is 5.8147% of the rolled back
rate.
Section 2. hat the amount of money necessary to be raised for
interest charges d bond redemption which constitutes a general
obligation bonded i debtedness of the City of Delray Beach is $2,288,861
and that there is hereby appropriated for the payment thereof, all
revenues derived rom the tax levy of $0.9500 per one thousand ($1,000)
dollars of asses ed valuation, which is hereby levied for that purpose
for the fisca year commencing October 1, 1991, and terminating
September 30, 92, upon the taxable property of the City of Delray
Beach, the as ssed valuation being $2,536,134,352.
That the above millage rates are adopted subject to
n accordance with Section 200.065(5) of the Florida Statutes
which proy des that each affected taxing authority may adjust its
adopted m'llage rate if the taxable value within the jurisdiction of the
taxing a thority as certified pursuant to Section 200.065(1) is at
varianc by more than three (3) percent with the taxable value shown on
the ro to be extended.
Section 4. That a Public Hearing was held on the proposed
on September 10, 1991 and September 24, 1991. ~ to (E' /9/
PASSED AND ADOPTED in regular session on this the lOLl, day of
19 1.
MAY 0 R
ATTEST:
City Clerk
.
~ 'Ii
+ 10.8. I.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
f' 11
FROM: CITY IvlANAGER 1jv.1
SUBJECT: AGENDA ITEM # N).~ - MEETING OF SEPTEMBER 24, 1991
RESOLU'I'ION NO. 71-91
DATE: September 20, 1991
This item is before you to conduct a public hearing on Resolution No.
71-91 which appropriates funds to cover the City's expenditures for
the next fiscal year (October 1, 1991 to September 30, 1992) .
Recommend approval of Resolution No. 71-91.
! u1{U ~ ~. ~ &
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RESOLUTION NO. 71-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS
OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF
DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY
OF OCTOBER, 1991, TO THE 30TH DAY OF SEPTEMBER, 1992;
TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS
WITHIN RESPECT TO THE ITEMS OF APPROPRIATIONS AND
THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND
ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND
ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS
RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following sums of money, attached hereto
and marked Exhibit A, be and the same are hereby appropriated upon
terms, conditions and provisions hereinabove and hereinafter set forth.
Section 2. That all monies, hereinbefore appropriated are
appropriated upon the terms, conditions, and provisions hereinbefore and
hereinafter set forth.
Section 3. That subject to the qualifications contained in
this resolution all appropriations made out of the General Fund are
declared to be maximum, conditional, and proportionate appropriations,
the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the
aggregate revenues collected and other resources available during the
period commencing the 1st day of October, 1991, and terminating the 30th
day of September, 1992, for which the appropriations are made, are
sufficient to pay all the appropriations in full; otherwise the said
appropriations shall be deemed to be payable in such proportion as the
total sum of realized revenue of the General Fund is to the total amount
of revenues estimated by the City Commission to be available in the
period commencing the 1st day of October, 1991, and terminating the 30th
day of September, 1992.
Section 4. That all balances of the appropriations payable out
of the General Fund of the City Treasury unencumbered at the close of
business on the 30th day of September, 1991, except as otherwise
provided for, are hereby declared to be lapsed into the City Treasury
and may be used for the payment of the appropriations which may be made
in any appropriation for the fiscal year commencing the 1st day of
October 1, 1991, provided, however, nothing in this Section shall be
construed to be applicable to unencumbered balances remaining to the
credit of the Water and Sewer Fund, Sanitation Fund or any fund created
by the setting up of special revenue, but such balances shall be used in
financing the proposed expenditures of these funds for the fiscal year
commencing the 1st day of October, 1991.
Section 5. That no department, bureau, agency or individual
receiving appropriations under the provision of this resolution shall
exceed the amount of its appropriation, except with the consent and
approval of the City Commission first obtained; and if such department,
bureau, agency, or individual shall exceed the amount of its
appropriation without such consent and approval of the City Commission,
the administrative officer or individual, in the discretion of the City
Commission, may be deemed guilty of neglect of official duty and may be
subject to removal thereof.
.
~ ,II
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Section 6. That nothing in this resolution shall be construed
as authorizing any reduction to be made in the amounts appropriated in
this resolution for the payment of interest on, or retirement of, the
debt of the City of Delray Beach, Florida.
Section 7. That none of the monies enumerated in this
resolution in connection with the General Fund, Water and Sewer Fund,
Sanitation Fund or any other Fund of the city shall be expended for any
purposes than those for which they are appropriated, and it shall be the
duty of the Budget Director and/or Finance Director to report known
violations of this section to the City Manager.
Section 8. That all monies collected by any department,
bureau, agency or individual of the City Government shall be paid
promptly into the City Treasury.
Section 9. That the foregoing budget be and hereby is
adopted as the official budget of the City of Delray Beach for the
aforesaid period. Provided, however, that the restrictions with respect
to the expenditures/expenses of the funds appropriated shall apply only
to the lump sum amounts for classes of expenditures/expenses which have
been included in this resolution.
Section 10. That this resolution shall be effective on October
1, 1991.
PASSED AND ADOPTED in regular session on this the 10th day of
September, 1991.
MAY 0 R
ATTEST:
City Clerk
I
I
. -2- Res. No. 71-91
..-.---
EXHIBIT A
BUDGET SUMMARY
CITY OF DELRAY BEACH - FISCAL YEAR 1991/92
THE PROPOSED OPERATING BUDGET EXPENDITURES
OF THE CITY OF DELRAY BEACH ARE 2.93 % MORE THAN
LAST YEAR'S TOTAL OPERATING EXPENDITURES.
General Special Enterprise Total
Fund Revenue Funds Funds
Cash Balances Brought Forward: $75,000 $293,518 $ $368.518
Estimated Revenues:
TAXES: Millages
Ad Valorem Taxes 6.20 $14,993,357 $14,993,357
Ad Valorem Taxes 0.95 2,288,861 2,288,861
Ad Valorem-Delinq, Pen. & Interest 290,000 290.000
Sales and Use Taxes 847,430 847,430
Franchise & Utility Taxes 6,581,100 6,581,100
Licenses and Permits 1,306,510 1 ,306,51 0
Intergovermental Revenue 4,258,989 987,000 57,000 5,302,989
Charges for Services 728,925 20,908,082 21,637,007
Fines and Forfeitures 360,500 135,000 495,500
Miscellaneous Revenues 2,418,870 142,500 732.581 3,293,951
Other Financing sources 1,941.530 642,115 50,000 2,633,645
Total Revenues and
other Finacing Sources $36,016,072 $1,906,615 $21,747.663 $59,670.350
Total Estimated Revenues $36,091,072 $2,200.133 $21.747,663 $60,038.868
and Balances
Expenditures/Expenses:
General Government $4,887,696 $128,400 $5,016.096
Public Safety 19,688,643 180,115 19,868,758
Physical Environment 277,545 12,278.305 12,555.850
Transportation 1,150,030 1,150,030
Economic Environment 161,815 1,239,115 . 1,400,930
Culture/Recreation 4,706,027 308,273 1,586,285 6,600,585
Debt Service 3,865,063 4,725,617 8,590,680
Interfund Transfers 1,281,863 344,230 2,874,718 4,500,811
Internal Services 72,390 0 0 72,390
Total Expenditures/Expenses $36,091,072 $2,200,133 $21.464,925 $59,756,130
Reserves 0 0 282,738 282,738
Total Expenditures/Expenses
Unappropriated/appropriated $36,091,072 $2,200,133 $21,747,663 $60,038,868
THE TENTATIVE. ADOPTED AND/OR FINAL BUDGETS ARE ON FilE IN THE OFFICE OF THE ABOVE MENTIONED
. TAXING AUTHORITY AS A PUBLIC RECORD.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERl7vl
SUBJECT: AGENDA ITEM # IO.~.I.- MEE'I'ING OF SEPTEMBER 24, 1991
LOCAL PLANNING AGENCY DETERMINATION OF COMPLIANCE OF THE
PROPOSED BUDGET WITH THE COMPREHENSIVE PLAN
DATE: September 20, 1991
Attached for your review is a staff report which notes deficiencies in
the proposed budget document (issued prior to notice of pub"-ic
hear ings ) ; and, deficiencies in the Comprehensive Plan 5-Year
Schedule of Capital Improvements.
The Planning and Zoning Board, at their September 19th meeting
formally reviewed this report. Some Board members expressed their
displeasure with the limited amount of time they had to address this
item. However, each item in the Director1s Report was reviewed. By a
6-1 vote, the Board made a determination of consistency between the
proposed budget and the Comprehensive Plan based upon the rationale as
provided in the Director's Report and conditioned upon changes being
made to both the Budget document and the 5-Year Schedule as set forth
in the Report. An ordinance has been prepared and placed separately
on your agenda which amends the Comprehensive Plan with regard to the
5-Year Schedule.
Accept and file the Director's Report and accept the determination
made by the Planning and, Zoning Board of compliance and consistency of
the proposed Budget for FY 91/92 with the Comprehensive Plan.
--~._--,_.
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(7'--1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
I \ ,
~ - -~
j
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 24, 1991
LOCAL PLANNING AGENCY DETERMINATION OF COMPLIANCE OF
THE PROPOSED BUDGET WITH THE COMPREHENSIVE PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
receipt and file of the determination, made by the Planning
and Zoning Board [as the Local Planning Agency (LPA)], of
compliance and consistency of the proposed Budget for FY
91/92 and the Comprehensive Plan.
The making of a finding (as described above) with respect to
the entire Budget is not required by the Growth Management
Act; however, this process is used by the City since the
Budget does contain capital budgets and capital improvement
projects which do require such a finding pursuant to Capital
Improvement Element Policy A-3.4.
BACKGROUND:
Attached is a copy of the Planning Director's analysis of
compliance. It addressed the required set-asides (C.LE. Policy
A-2.3); capital budget & capital improvement project compliance
(C.LE. Policy A-3.4); programs and activities; and other items
of interest.
That report notes deficiencies in the proposed budget document
which was issued prior to notice of public hearings; and notes
deficiencies in the 5-Year Schedule of Capital Improvements which
is contained in the adopted (amended) Comprehensive Plan.
Through a separate agenda item, changes to the 5-Year Schedule
are considered via ordinance. That consideration is made
pursuant to Part V.B.4.b. of the Comprehensive Plan.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 19, 1991. Some Board Members expressed
their displeasure with the limited amount of time which they had
to address this item. However, each item in the Director's
Report was reviewed. As an aside, commencing this coming
Thursday, the Board will review, evaluate, and consider changes
to the existing process.
~ 'I'
City Commission Documentation
Local Planning Agency Determination of Compliance of the Proposed
Budget with the Comprehensive Plan
Page 2
By a 6-1 vote, the Board made a determination of consistency
between the proposed budget and the Comprehensive Plan based upon
the rationale as provided in the Director's Report and
conditioned upon changes being made to both the Budget document
and the 5-Year Schedule as set forth in that Report.
RECOMMENDED ACTION:
By motion, receive and file.
Attachment:
* Director's Report, revised as of 9/16/91
DJK/#86/CCCOMPLY.TXT
.. ..._.>-_._~~--,_.-
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REVISED 9/16/91
DIRECTOR'S ANALYSIS OF COMPLIANCE OF THE PROPOSED FY 91/92
MUNICIPAL BUDGET AND THE ADOPTED COMPREHENSIVE PLAN, AS AMENDED
THROUGH 9l-1.
DESIGNATED SET-ASIDES
C.I.E. Policy A-2.3
* $100,000 from Parks Impact Fee for additional facilities in
existing parks
-- not shown in the Capital Budget document
* $ 50,000 for remedial dune restoration programs
-- reduced to $12,600. This is acceptable due to the
undertaking of the Beach Renourishment Project in 1992 and
its associated remediation and mitigation programs.
Subsequent year funding is properly shown.
* $300,000 from the General Fund for housing and neighborhood
rehabilitation pursuant to Housing Element Objective A-5.
-- reduced to $ 161,000 for direct improvements, in
addition there is funding for the Housing Coordinator
position. The proposed funding level is consistent with
program process in fulfilling Objective A-5.
* $ 50,000 intersection and alleyway improvements
-- deleted. This item was deleted for FY 91/92 due to
on-going work in the street reconstruction and alleyway
improvement programs of the Decade of Excellence Program.
It is practically not possible to allocate and spend this
general fund allocation during FY 91/92. The item is to be
shown of subsequent year funding.
* $250,000 street resurfacing -- included
* $200,000 from Water and Sewer Capital Fund for extension of
facilities to former enclaves which do not have service
-- included in the WIS operating capital budget
* $100,000 from the Water and Sewer Capital Fund for manhole
replacement -- included in the WIS operating capital budget
* $150,000 from the Water and Sewer Capital Fund for the Lift
Station Rehabilitation Program -- included in the W/S
operating capital budget
* $200,000 from the Water and Sewer Capital Fund for the Water
Main Upgrade Program -- included in the WIS operating
capital budget
* $ 50,000 from the Water and Sewer Capital Fund for the Fire
Hydrant Replacement Program -- included in the W/s
operating capital budget
"'I'
CAPITAL BUDGETS (items between $25,000 and $100,000)
001-3113 Street Maintenance, streets & sidewalks $ 33,000
* This amount is not for any singular project, thus while
lumped as a line item, it does not qualify as a capital
project.
441-5161 Landscape WTP & North Pump Station $ 30,000
* There are two projects involved. The North Pump
Station is a previously designated project. That part
of the cost for the North Pump Station should be
considered a part of the overall project costs.
441-5161 Hydraulic Power Unit $ 30,000
* Previously listed capital project identified as a WISI
capital operating item. Check for possible duplication
with that budget.
445-4761 Hydraulic Mower for the Golf Course $ 35,000
* Capital equipment item. Not a compliance item.
1987 Utility Tax Bond " 1989 (Short-term) Note (This title is
incorrect)
On July 23, 1991, the City Commission reprogrammed unspent funds
in order to diminish arbritrage . The project list in the Budget
is not correct. Those items with costs between $25,000 and
$100,000 include:
50
* Pineapple Grove Way improvements $ ~,OOO
-- this was an original Utility Tax Bond project
* Fire Station #5 $ 80,000
-- this expenditure is for an element of a previously
identified project which is included in the Decade of
Excellence Bond; Accelerating the project is consistent with
Public Facilities Policy D-l.3 and CIE Policy A-3.2.
* Boy Scout Hut $ 50,000
-- for site improvements and landscaping
* Gulfstream Blvd. improvements. The $45,000 shown in the
proposed budget is incorrect. The final C~ty participation
is less than $25,000 and, as such, does not require a
compliance determination. However, the budget document does
need to be corrected.
* City Attorney's Office $ 50,000
-- improvements to this building is an identified need.
~ ~'^~ \~ ~ ~\OOfJ)J _ 2' _tNA~ ~ A-~.2.
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FIVE YEAR CAPITAL IMPROVEMENT PROGRAM
(items greater than $100,000)
1987 Utility Tax Bond & 1989 (Short-term) Note
In August, 1991, the City Commission reprogrammed unspent funds
in order to diminish arbritrage. Those items which exceeded
$100,000 need to be added to the 5-Year CIP Schedule. These can
be added via Amendment 91-1. They are:
* Miller Park Improvements $ 246,741
-- added costs to previously identified project
* Currie Commons Park Improvements $ 181,500
-- added costs to previously identified project
* Veteran's Park Improvements $ 214,000
-- added costs to previously identified project
* Additional allocation to the above parks $ 24,259
* Cemetery Entrance Road $ 127,000
-- the expenditure is consistent with Public Facilities
Element Objective D-2. Subsequent year expenditures
are to come from the Cemetery Fund. On-site
improvements should be shown in the 5-Year schedule at
$100,000 per year for two years.
Decade of Excellence Bond
* The 5-Year Schedule of Capital Improvements needs to be
amended to reflect those projects which have slipped one
year i.e. the two schedules (Budget & 5-Year CIP) need to be
consistent.
* Swinton Beautification: $ 50,000 should be identified for
91/92 with the balance in 92/93.
* The Lowson Drainage Project is nearly complete and should be
deleted from the Budget (and the 5-Year Schedule).
* Fire Station #5 should have all construction funding in FY
92/93; thus, reflecting current program priorities.
Acceleration of the project is consistent with Public
Facilities Element Policy D-l.3.
* Fire Station Headquarters funding should all be shown in FY
91/92 as it is shown current 5-Year Schedule.
* Neighborhood Improvements needs to be identified as Old
School Square Redevelopment Area Fund.
* S.W.I0th Street widening: funding needs to reflect current
5-Year Schedule.
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Parks (In-lieu) Fund
* The budget needs to include the Southwest Park project
* The budget needs to include the Interpretive Trail project
* The budget needs to include the annual allocation for new
facilities in existing parks
* The budget needs to show a certified projection of available
revenue for FY 91/92 (carry-over and projected revenue)
Storm Water Fund
* The budget needs to show a certified projection of available
revenue for FY 91/92 (carry-over and projected revenue)
* The funding allocation for the Northwest Project is
insufficient. An additional $243,702 is to be shown for FY
2/93. Basis is previous schedule and revised project costs
from Environmental Services.
* The Germantown, North Federal Highway, and Lake Ida
Neighborhoods drainage projects need to be shown in FY 91/92
as they have slipped one year. Also, revised cost projects
need to be reflected in the budget and the 5-Year Schedule.
Water and Sewer - Renewal and Replacement Fund
* The source and certified projections for revenue for FY
91/92 should be shown.
* Future year projections should be shown in the budget
document.
* Well Rehabilitation I Replacement Program has shifted to
this funding source instead of the 1991 Revenue Bond. Need
to reflect in the 5-Year Schedule.
* Lake Ida Line Relocation, Congress to Swinton: the
construction money is not shown. It is to be shown for FY
92/93.
* Lake Ida Line Relocation - Congress to Military Trail is not
shown. It is shown in the 5-Year CIP @ $225,000 for FY
91/92. The year needs to be changed to FY 92/93 to coincide
with scheduled street construct~on.
* The 5-Year Schedule needs to reflect the existence of this
fund along with the Operating Capital Fund (which is already
in the Schedule).
,
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Water and Sewer 1991 Revenue Bond
* The Enclave waterlsewer construction program shows all funds
being spent in FY 91/92. This amount is to be spread out
over several years, per project. The priority in the
current 5-Year Schedule should be used with one year
slippage for each project.
* The S.E. water transmission main project is completed and
should be removed from the budget document.
* The East Atlantic Subaqueous Crossing Project is essentially
completed and should be removed from the budget document.
Water and Sewer 1984 Revenue Bond:
Apparently, this Fund was not included. It is funding several
programs which need to be listed. The,5-Year Schedule needs to
include projects which have slipped one year.
Other Water and Sewer Projects: These projects are not
accounted for in the proposed Capital Budget document.
* North Storage Tank $ 900,000 FY 91/92
* Beach Repumping Station
* Western We1lfield Project
General Fund Operating/Construction Fund:
* The "General Street, Road, Alley Improvements" Is an
incorrectly stated item. It is duplicative of "Intersection
and Alley Improvements".
* Intersection and Alley Improvements: funding was deleted in
the last budget cut. Thus, FY 91/92 should show "0".
PROGRAMS AND ACTIVITIES
There are no personnel cuts in the proposed FY 91/92 Budget.
There are frozen positions; however, they do not affect
Departments which are responsible for implementation of programs
or activities listed in Part V of the Comprehensive Plan. There
were no specific activities, required by the Plan, which were
specifically excluded from funding in the budget. A further
assessment of progress on designated programs and activities will
commence in November and will be a focus of Plan Amendment 92-1,
pursuant to Part V.B. of the Comprehensive Plan.
- 5 -
~ 'I'
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OTHERS ITEMS OF INTEREST
C.I.E. Policy A-2.2 which required establishment of a "Drainage
Facility Fee" has been fulfilled.
Repayment of Debt Service in the 1989 Short-Term Note in the
amount of $ 1,661,616 is consistent with CIE Policy A-3.8.
The Comprehensive Plan needs to state that the Tennis Facility
project currently does not have a funding source due to repaYment
of short-term loan. Also, the potential for funding the
facility needs to be included in the Plan document.
DJK/#85/PLNCOMP.TXT
- 6 -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt?'v'\
SUBJECT: AGENDA ITEM # 10 C, - MEETING OF SEPTEMBER 24, 1991
ORDINANCE NO. 58-91
DATE: September 20, 1991
This is a second reading of an ordinance correcting the zoning
classification for a parcel of land located on the south side of
Atlantic Avenue between Military Trail and the E 3 1/2 - 3 Lake Worth
Drainage District Canal (Hamlet Subdivision) from R-1-AA (Single
Family Residential) to R-1-A (Single Family Residential) and
correcting the Official Zoning Map.
This ordinance corrects a Scrivener's error.
Recommend approval of Ordinance No. 58-91 on second and final reading.
p~ 5-0
""
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-,---,---,---~'-----~----
.
- - -
-
ORDINANCE NO. 58-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR LAND LYING AND BEING IN SECTION 13,
IN PART, AND SECTION 24, IN PART, TOWNSHIP 46 SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, FROM . R-1AA
(SINGLE FAMILY RESIDENTIAL) DISTRICT TO R-IA (SINGLE
FAMILY RESIDENTIAL) DISTRICT; SAID LAND IS LOCATED ON
THE SOUTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN
MILITARY TRAIL AND THE E 3 1/2-3 LAKE WORTH DRAINAGE
DISTRICT CANAL; AND CORRECTING "ZONING MAP OF DEL RAY
BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the subject property is shown as being zoned R-1AA
(Single Family Residential) District on the Zoning District Map of the
City of Delray Beach, Florida, dated October 1, 1990; and,
WHEREAS, a review of City records indicates that such zoning
classification was inadvertently applied to said property; and,
WHEREAS, this error has been brought to the attention of the
City and it is appropriate that the Zoning District Map of the City of
Delray Beach, Florida, dated October 1, 1990, be corrected to reflect
the proper zoning classification of R-IA (Single Family Residential)
District; and,
WHEREAS, this matter was considered by the City Commission at a
public hearing and it was determined that the R-1AA (Single F am i 1 Y
Residential) District zoning classification was, in fact, inadvertently
applied to the subject property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray
Beach, Florida, dated October 1, 1990, be, and the same is hereby
corrected to reflect a zoning classification of R-lA (Single Family
Residential) District for the following described property:
The Plat of Evergreene as recorded in Plat Book 33,
Pages 150 and 151, Palm Beach County records, and
The Plat of FoxPointe as recorded in Plat Book 32,
Pages 107 and 108, Palm Beach County records, and
The Plat of Bougainvilla as recorded in Plat Book 32,
Pages 56 and 57, Palm Beach County records, and
The Plat of Fox Hollow as recorded in Plat Book 47,
Pages 106 and 107, Palm Beach County records, and
The Plat of The Estates as recorded in Plat Book 38,
Pages 61 and 62, Palm Beach County records, and
The Plat of The Estates II as recorded in Plat Book
39, Pages 97 and 98, Palm Beach County records, and
The Plat of The Estates III as recorded in Plat Book
40, Pages 64 and 65, Palm Beach County records, and
The Plat of Kramers as recorded in Plat Book 64, Pages
17 thru 19, Palm Beach County records, and
.
~ 'I'
, -
- - ---.- --
The Plat of Lakewoode Section I as recorded in Plat
Book 33, Pages 103 and 104, Palm Beach County records,
and
The Plat of Lakewoode Section II as recorded in Plat
Book 33, Pages 105 and 106, Palm Beach County records,
and
The Plat of Lakewoode Section III as recorded in Plat
Book 34, Pages 99 and 100, Pal~ Beach County records,
and
The Plat of Pine lake as recorded in Plat Book 36,
Pages 165 and 166, Palm Beach County records, and
The Plat of Arboridge as recorded in Plat book 36,
Pages 132 and 133, Palm Beach County records, and
The Plat of The Fairways as recorded in Plat Book 39,
Pages 62 and 63, Palm Beach County records.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning Map of the City
of Delray Beach, Florida, to conform with the provisions of Section 1
hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective ~mme-
diat~ly upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
, -2- Ord. No. 58-91
~^,.,._'-'-'--'._._"-'~'"-,,
, .- ." "
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
wj.1kvc~
FROM: VID J. VACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 27, 1991
CORRECTION ORDINANCE, ZONING MAP - HAMLET SUBDIVISION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance correcting the
Official Zoning Map.
The affected property is that portion of the Hamlet which is
shown as R-1-AA. The correct zoning is R-I-A.
BACKGROUND:
This error in the Official Zoning Map came to the attention of
City officials when an application for a building permit was
made. The pre-LOR zoning was R-1-A. The zoning map advertised
showed R-1-A. zoning. There was no action taken or directive
which would have resulted in a change.
Apparently, when the golf course portions of the Hamlet were
changed to Open Space on the first official copy of the zoning
map the draftsman - when changing the lettering for the single
family portion - replaced the R-l-A letters with R-1-AA. This
may have occurred since changes were being contemplated to the Del
Aire Subdivision (which is zoned R-1-AA) at the same time.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board does not review this item in that
it is clearly a clerical error.
RECOMMENDED ACTION:
By motion, approval of this correcting ordinance
Attachment:
* Ordinance prepared by others
REF/DJK#84/CCHAM.TXT
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MEMORANDUM 0 I l {o D~ ,,/e:fl11
r ~ LN' d,t'S~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/IV]
SUBJECT: AGENDA ITEM #/0 ~ - MEETING OF SEPTEMBER 24, 1991
ORDINANCE NO. 61-91
DATE: September 20, 1991
This is a second reading of an ordinance correcting the zoning
classification for a parcel of land located on the west side of
Federal Highway at S.W. 10th Street (Wallace) from GC (General
Commercial) to AC (Automotive Commercial) zone district and correcting
the Official Zoning Map. The properties involved are Lots 10-15,
Block 8, Rio Delray, more commonly described as the parking area used
in conjunction with the former Wallace Nissan dealership.
We have r8ceived correspondence from the owner's representative which
asserts that when the change from the proposed (LDR) zoning map was
considered, and approved, for the property to the east of this site,
the action should have included these lots. Based upon documentation
provided to the Special Adjustment Advisory Board, it was determined
that the factual information d1d state that the request before the
Commission included the subject lots. Thus, the item is forwarded for
special consideration by the Commission.
Additionally, the Board noted that there was apparent confusion at the
Commission hearing and that had the subject property been specifically
identified at the time of adoption of the zoning map, the Commission
may have excluded it anyway. Thus, while the resulting action may
have been inadvertent, it may not have been inappropriate.
Lots 10-15 have an aggregate lot area of approximately .7 acres. The
minimum lot area for vehicle sales, lease, or rentals is 1.5 acres.
Thus, by rezoning these lots to AC, the permissible uses are limited
to speciality auto service shops, vehicle repair, gasoline and service
stations, and auto washes. There is not an ability to aggregate the
property with adjacent parcels in order to reach the 1.5 acre minimum
lot area requirement.
Additionally, the development potential of the site will be severely
lin.ited by the proposed rezoning action (the site cannot be used in
conjunction with the AC zoned property east of Fifth Avenue). In
order to use the site for office or retail purposes (other than auto
parts) rezoning to GC (General Commercial) will be required.
Given the above situation and previous discussions at the City
Commission meetings adopting the LDRs, staff believes that had it been
specifically stated in the action that Block 8 was included and that
Block 8 was not a part of the then existing conditional use approval
for a~ automobile dealership, the request would have been denied.
As this is a Special Relief Item, Planning and Zoning Board review is
not required. Due to the use restrictions cited above for AC zoning,
staff recommends denial of the rezoning request. A detailed staff
report is attached as backup material for this item.
W,I'
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-- - - ----
ORDINANCE NO. 61-91
AN ORDINANCE OF THE CITY COMMI SS ION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR LOTS 10 THRU 15, INCLUSIVE, BLOCK
8, RIO DEL REY, LOCATED AT THE NORTHWEST CORNER OF
S.E. 10TH STREET AND S.E. 5TH A VENUE (SOUTHBOUND
FEDERAL HIGHWAY) FROM GC (GENERAL COMMERCIAL) DISTRICT
TO AC (AUTOMOBILE RELATED COMMERCIAL) DISTRICT; AND
CORRECTING "ZONING MAP OF DELRAY BEACH, fLORIDA,
1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is shown as being zoned GC (Ge:1er.3.1
Commercial) District on the Zoning District Map of the City of Delray Beac~,
florida, dated October 1, 1990; and,
WHE REAS , a review of City records indicates that such ~Oni:1g
classification may have been inadvertently applied to said property: and,
. .
WHEREAS, Section 2.4.7 (F) (2) of the Land Development Regulations
has made provisions for relief from improper regulations; and,
WHEREAS, a request has been made with respect to the subJect
property and has been reviewed by the Special Adjustment Advisory Board, and
has been determined to be the result of improper enactment; and,
WHEREAS, it is appropriate that the Zoning District Map of the City
of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the
proper zoning classification thereof,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray
Beach, Florida, dated October 1, 1990, be, and the same is hereby corrected
to reflect a zoning classification of AC (Automobile Related CommerCial)
District for the following described property:
Lots 10 thru 15, inclusive, Block 8, RIO DEL REY, as
recorded in Plat Book 12, Page 84 of the Public
Records of Palm Beach County, Florida.
Section 2. That the Planning Director of said City shall, upon the
effective date of this ordinance, change the Zoning Map of the City of
Delray Beach, Florida, to conform with the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 4. That should any section or prov~s~on of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 5. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final read~ng
on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
. First Reading
Second Reading
~ -II
CJK
~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D HARDEN~ITY MANAGER
l~ ~ ~ 'L(~'
FROM: . '-: VACS.,' DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 10, 1991
ORDINANCE ADJUSTING ZONING FROM GC TO AC
(WALLACE, BLOCK 8, RIO DELRAY, LOTS 10-15)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a rezoning ordinance (GC to AC) on first
reading.
The property involved is Lots 10-15, Block 8, Rio Delray.
It is commonly known as the parking area on the west side of
Federal Highway at 10th Street which was used in conjunction
with the former Nissan Dealership.
This item is pursuant to Special Relief Section 2.4.7(F)(2).
BACKGROUND:
Attached is correspondence from Michael Weiner, P.A., who is the
agent. He claims that when a change from the proposed (LDR)
zoning map was considered, and approved, for property to the east
of this site, the action should have also included these lots.
Special Advisory Board consideration: Based upon documentation
provided to the Special Adjustment Advisory Board, it was
determined that the factual information did state that the
request before the Commission included the subject lots. Thus,
the item is forwarded for City Commission special consideration.
The Board also noted that there was apparent confusion at the
City Commission hearing and that had the subject property (Lots
10-15) been specifically identified at the time of adoption of
the zoning map, the City Commission may have excluded those lots
from the rezoning anyway. Thus while the resulting actions (GC
zoning) may have been inadvertent, it may not have been
inappropriate (see Kovac's letter of August 8, 1991) .
Site Facts: Lots 10-15 have an aggregate lot area of
approximately .7 acres. The minimum lot area for vehicle sales,
lease, or rentals is 1.5 acres. Thus, by rezoning to AC, the
permissible uses are limited to speciality service (auto) shops,
vehicle repair, gasoline and service stations, and auto washes.
There is not an ability to aggregate the property with adjacent
parcels (not separated by a street) in order to reach the 1. 5.
acre minimum lot area requirement.
".._._--~._-_..
Assessment: The development potential of the site is severely
limited to the auto related uses above. The site cannot be used
in conjunction with the AC zoned property east of Fifth Avenue.
In order to usew~site for office or retail purposes (other
than auto parts) D require a rezoning to GC.
(NOTE: The same situation occurred on the property to the
east, where the owner needed to process a rezoning to GC in
order to proceed with the Shoney's development project. As
was noted at that time, should the owner's request be
granted, it should also now be noted that prior to
proceeding with a retail or office use the payment of fees,
holding Of~liC hearings, and enactment of a new rezoning
ordinancew be necessary.)
Given the above situation and discussion at the City Commission
LDR adopting meeting, I believe that had it been specifically
stated in the action that Block 8 was included and that Block 8
was not a part of the (then) existing conditional use approval
for an automobile dealership, the request would have been
denied.
Comprehensive Plan Consistency: Either zoning (AC or GC) is
consistent with the Future Land Use Map designation of
Commercial. There are no policies which preclude approving the
requested zoning.
PLANNING AND ZONING BOARD CONSIDERATION:
Since this is a Special Relief Item, the Planning and Zoning
Board has not formally reviewed it.
RECOMMENDED ACTION:
By motion, denial of the requested zoning.
Attachment:
* Location map
* Weiner letters
DJK/#85/CCAC.TXT
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MICHAEL S. WEINER & ASSOCIATES, P.A.
A TTORNEYS A T LAW
The Gulfstream Building. Suite 407
1177 N,E, Eighth Street
Delray Beach, Florida 33483
South Palm Beach County: (407) 265-2666
MICHAEL S. WEINER North Palm Beach County: (407) 736-5888
RANDEE J. GOLDER Broward County: (305) 462-4935
RANDI S. TOMPKINS Telecopier: (407) 272-6831
OF COUNSEL:
PETER J. MURRAY
August 9, 1990
CERTIFIED MAIL - RETURN RECEIPT REQU~STED
Mr. David J. Kovacs
City of Delray Beach
100 N.W. lst Avenue
Delray Beach, Florida, 33444
Re: Block 7, Rio Del Rey Shores
Southeast lOth Street, between Southeast 5th Avenue and
Southeast 6th Avenue
Our File No.: COLS(66)002
Dear David:
Please be advised that a mistake has been made with respect to
the Proposed Zoning Map for the City of Delray Beach as first
published July 14, 1990. I am enclosing a photocopy of a survey
showing the location of the above-captioned property. It is
indicated in the proposed zoning Map that this property be zoned
GC. The correct zoning is AC. Would you please be certain that
this mistake is remedied. If you should need anything further,
do no he itate to contact me.
Ve ~r I
tJ
Ahael S. \f
f~ ~.
MSW/mph
Enclosure rY %\\o\~O ~
cc: Mr. William Wallace 1~~ ~
Mr. Mark Marsh
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MICHAEL S. WEINER & ASSOCIATES, P.A.
I A TTORNEYS A T LAW
The Gullstream Building. Suite 407
11 n N,E. Eighth Street
Defray Beach, Florida 33483
South p.lm Be.c:tI County: (4071 265.2666
MICHAEL S. WEINER Hor1h Palm Beach County: (407) 736-5868
RANOEE J. GOLOER Browartt County: (305) 462~935
RANOI S. TOMPKINS Teleecpler. (407) 272,683t
OF COUNSEL:
PETER J. MURRAY
August 3l, 1990
CERTIFIED HAIL - RETURN RECEIPT REQUESTED
.
Mr. David J. Kovacs
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Block 7,-Rio Del Rey and t
Lots 10 through 15, Block a,'Rlo'Del:aey.
Our File No.: WALW(S9)007
Dear David:
This-will-con,ITrm .,wi th'~you -th'ae--based -'.upon ~tbe-polllng of .the
... -- ~. --.. . ~
~~City-Commission'at the meeting of August 28, 1990, the
above-captioned-p'roperty will' be l.abeled - Acupon-the' next .~
pub~ication-o'r-the-proposed-zonlng:H~p:r~r~~he-Clt~-of Delray
Beach-completed-in-c::onnection'with the Land Oe'yelopment
Regulations- presentl~before-the _oct ty Commlss 10n.
understanding that the exact date for the passage of the
lopment Regulations has not yet been set but that public
ave been closed. If for some reason this letter is not
wo~~~:~. please notify me immediately.
11WJ\ "
We er
MSW/mph .
cc: Mr, William Wallace
Mr. Mark. Harsh
-~ ---- -. - -
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MICHAEL S. WEINER & ASSOCIATES, P.A.
A TTORNEYS A T LAW
The Gulfstream Building, Suite 407
1177 N,E. Eighth Street
Delray Beach, Florida 33483
MICHAEL S. WEINER South Palm Beach County: (407) 265.2666
RANDEE J. GOLDER North Palm Beach County: (407) 736-5888
RANDI S. TOMPKINS Broward County: (305) 462.4935
OF COUNSEL: Telecopier: (407) 272.6831
PETER J. MURRAY
October 9, 1990
Mr. David J. Kovacs
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Block 7, Rio Del Rey and
Lots 10 through 15, Block 8, Rio Del Rey
Our File No.: WALW(59)007
Dear David:
Enclosed is a photocopy of the letter which was sent certified
mail, return receipt requested concerning the Zoning Map to be
issued in connection with the Land Development Regulations.
please note that the specific reference is to Block 7, Rio Del
Rey and Lots 10 through 15, Block 8, Rio Del Rey. In reviewing
the maps, I notice that a mistake has been made and the Lots 10
through 15, Block 8 have not been zoned AC.
make the appropriate correction.
MSW/mph
Enclosure
cc: Mr. William Wallace (w/enclosure) "
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November 2, 1990
Michael S. Weiner & Associates, P.A.
The Gulfstream Building - Suite 407
1177 N.E. Eighth Street (George Bush Boulevard)
Delray Beach, FL. 33483
Re: Lots 10-15, Block 8, Rio Del Rey, AC Zoninq
Your File WAL(59)007
Dear Michael,
This letter is in response to your inquiry of October 9, 1990, in
which you note an apparent mistake in that the above lots were
not placed in the AC Zone District upon adoption of the new
zoning map.
Unfortunately, when your letter of August 3L 1990, was reviewed
close attention was not paid to the caption, and I interpreted
the letter to be addressing only that portion of the Wallace
property which was approved for automobile dealership use in that
arguments which were presented were focussed upon the current
conditional use approval. That approval involved only Block 7.
Thus, the zoning designation was, in my estimation, not affixed
in error.
The new Code provides a mechanism whereby your inquiry can have
official action. On November 13th, the City Commission will
establish its Special Adjustment Advisory Board. That Board
will be able to review this matter and act with respect to any of
the following:
1. There was no error and the owner must petition on his
own for rezoning consideration.
2. While there was no error, there was miscommunication
which placed the owner at a disadvantage with respect
to presenting his position; and, a rezoning
consideration (through normal procedures) should be
accommodated without processing fees.
- '\ ,V1_~T::?S
- - - \.""l,. -
Michael S. Weiner
Re: Lots 10-15, Block 8, Rio Del Rey, AC Zoning
November 2, 1990
Page 2
3 . Find that the designation was applied inappropriately
or inadvertently and that a change, via emergency
ordinance, should be considered by the City Commission.
Unless you request otherwise, your letter of October 9th. will be
presented to the Special Adjustment Advisory Board, after it is
constituted, for formal disposition.
Cordially,
~,
CJ~~~,~ector
Department of Planning and Zoning
DJK/leh
c:
LDR File
Wallace CU Project File
City Attorney
DJK/t73/WEINERAC.TXT
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August 8, 1991 u:' J '. c (. '- L:' ,\ y ~ ~ :.', H ;. l C, '11 U ,\ J.:' \.1.1 4Q7i:?417QOa
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,
Michael S. Weiner & Associates, P.A.
102 North Swinton Avenue
Delray Beach, FL 33444
Re: Lots 10-15, Block 8, Rio Del Rey
Dear Michael:
This letter confirms a determination made by the Special
Adjustment Advisory Board with regard to the zoning on the above
property.
The determination of the Board was that the placement of GC
zoning instead of SC zoning on the property, while not
necessarily inappropriate, may have been inadvertent. Their
determination was based on the following rationale:
* It is clear from your presentation to the City Commission
that what was SC was requested to remain as AC and that the
subject property was clearly identified in your introductory
statement (review of transcript).
* The City Commission may not have been clear about the
. specific property due to references to an approved site plan
(which did not include the property).
* The Director may not have been clear about the specific
property due to previous letter exchanges which discussed
only Block 7.
Accordingly, a correcting ordinance will be prepared and placed
before the City Commission for first reading on September 10,
1991, unless you request otherwise. In the meanwhile, I
understand that you will consult with the City Attorney regarding
any time frame limitations which may exist due to the
c ~truction of Section 2.4.7(F)(2)(d).
:JallY,
~ i~~~~M4:Gmr
Department of Planning and Zoning
DJK/cm
c: Jeff Kurtz, City Attorney
Thomas Purdo, Board Member
Wm. F. Andrews, Board Member
Jerry Sanzone, Board Member
Special Reliefl File, , ,. I i\ f:l ,', I fIll .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
. j1
FROM: CITY MANAGERtJi I
SUBJECT: AGENDA ITEM # 10 E - MEETING OF SEPTEMBER 24, 1991
ORDINANCE NO. 62-91
DATE: SEPTEMBER 18, 1991
This is second reading of an ordinance correcting the zoning
classification for a parcel of land located on the north side of
S.W. 6th Street, if extended westward, between Interstate 95 and
S.W. 15th Terrace (Surles) from OS (Open Space) to R-1A (Single
Family Residential) and correcting the Official Zoning Map.
We received correspondence from the owner's representative
asserting that the City inadvertently changed the zoning on this
property and requesting that it be returned back to its original
zoning. The Special Advisory Board has been polled and agrees
with staff's determination that the zoning was inadvertently
changed at the time the LDR's were adopted.
Recommend approval of Ordinance No. 62-91 on second and final
reading.
p~ -5-0
~ '10
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ORDINANCE NO. 62-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONI~G
CLASSIFICATION FOR A PARCEL OF LAND LOCATED ON THE
NORTH SIDE OF S.W. 6TH STREET, IF EXTENDED WESTWARD,
BETWEEN INTERSTATE 95 AND S.W. 15TH TERRACE, AS ~ORE
PARTICULARLY DESCRIBED HEREIN, FROM OS (OPEN SPACE)
DISTRICT TO R-1A (SINGLE FAMILY RESIDENTIAL) DISTRICT;
AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDI~G
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is shown as being zoned OS (Open
Space) District on the Zoning District Map of the City of De1ray Beach,
Florida, dated October 1, 1990; and,
WHEREAS, a review of City records indicates that such zoning
classification may have been inadvertently applied to said property:
and,
WHEREAS, Section 2.4.7(F) (2) of the Land Development Regula-
tions has made provisions for relief from improper regulations; and,
WHEREAS, a request has been made with respect to the subJect
property and has been reviewed by the Special Adjustment Advisory Board,
and has been determined to be the result of improper enactment; and,
WHEREAS, it is appropriate that the Zoning District ~ap of the
City of Delray Beach, Florida, dated October 1, 1990, be corrected to
reflect the proper zoning classification thereof,
NOW, THEREFORE, BE IT ORDAINED By THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delr~y
Beach, Florida, dated October 1, 1990, be, and the same is hereby
corrected to reflect a zoning classification of R-1A (Single Family
Residential) District for the following described property:
The East Half (E 1/2) of the Northeast Quarter (NE
1/4) of the Northeast Quarter (NE 1/4) of the
Northeast Quarter (NE 1/4) lying east of Interstate 95
(also described as the E 1/2 of Lo t 1), Section 19,
Township 46 South, Range 43 East, Palm Beach County,
Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning Map of the City
of Delray Beach, Florida, to conform with the provisions of Section l
hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect ,the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
.
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Section 5. That this ordinance shall become effective ~:;une-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and fi:1dl
reading on this the day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
-2- Ord. NO. 62-91
.
~ . ~
C IT Y COM MIS S ION DOC U MEN TAT ION
TO: Q~HA3~:ITY MANAGER
FROM: ID J. KOVACS, D~OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 10, 1991
CORRECTION ORDINANCE, ZONING MAP - LEONARD SURLES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance correcting
the Official Zoning Map.
The affected property involves one parcel owned by
Leonard Surles, Sr. and Leon O. Surles. The property
is located east of and adjacent to I-95 and north of
S. W. 6th Street. The property is currently vacant.
BACKGROUND:
This possible error in the Official Zoning'Map came to the
attention of the Planning Director through correspondence
from John T. Morrison, Attorney, representing the property
owner. A request was made for consideration of special
relief pursuant to Section 2.4.7(F)(2) of the Land
Development Regulations ( LDR ' s) . The Special Advisory Board
has been polled and agrees with staffs determination that
the zoning was inadvertently changed at the time the LDR' s
were adopted.
ANALYSIS:
Attached is a map which shows the location of the subject
property. At the time the Future Land Use Map and the LDR's
were prepared and adopted it was believed that the subject
property was excess right-of-way for I-95 which was owned by
the State Department of Transportation. By way of the
attached letter from Mr. Morrison it has been determined
that this is not the case with the subject property.
,Given that the property is not excess I-95 right-of-way, nor
is it owned by the State, the subsequent zoning to Open
Space (OS) should be invalidated. Therefore, the property
should be returned to its previous zoning (pre LOR's) of
Single Family Residential (R-1A).
~ ,I'
City Commission Documentation
Meeting of September 10, 1991 . .
Correction Ordinance, Zoning Map - Surles
Page 2
If this request is approved, staff will initiate an Future
Land Use Map amendment for this property as a part of
Amendment 92-1, as well as examine other similar parcels
along I-95 to determine if this situation exists elsewhere.
PLANNING AND ZONING BOARD CONSIDERATION:
Since this item is being considered under the special relief
provisions of the LDR's and pertains to the inadvertent or
inappropriate nature of the action, the Planning and Zoning
Board is not involved.
RECOMMENDED ACTION:
By motion, approval of the correcting ordinance:
Attachment:
Ordinance prepared by others
Letter of petition from John T. Morrison
Parcel location map
SW/DJK/SURLES.DOC
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LAW OF"F"ICES OF"
John T. Morrison, PA.
SUITE I TELEPHONE (4071391-9977
342 EAST PALMETTO PARK ROAD (3051421,2801
BOCA RATON, FLORIDA 33432 FAX (3051421-,2801
August 20, 1991
Certified Mail
Mr. David Kovacs
Director of Planning and Zoning
City of Delray Beach
lOO N.W. 1st Avenue
Delray Beach, FL 33444
Re: 19-46-43, E 1/2 of the NE 1/4 of the NE 1/4 of
the NE 1/4 lying East of 1-95 (also described as
the E 1/2 of Lot 1), Section 19, Township 46
South, Range 43 East, Palm Beach County, Florida
Dear Mr. Kovacs:
This office represents Leonard Surles, Sr. and Leon O.
Surles, the owners of the above referenced property and in
that capacity we are instructing the City of Delray Beach to
return the subject property back to its original zoning.
According to your instructions to Leon Surles we were to
provide you with a request by certified mail, since the City
of Delray Beach inadvertently changed the zoning of the
property. This property is individually owned and should not
have been included with the other parcels you rezoned.
Should this piece of property not be returned to its
original zoning, we will have no alternative but to bring a
law suit against ~he City of De1ray Beach.
PLEASE GOVERN YOURSELF ACCORDINGLY.
Very trul~
J(:.7 . ~
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John T. Morrison
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cc: Leonard Surles, Sr.
Leon O. Surles
Enclosure: Copy of Warranty Deed AUG 22 199'
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROH: CITY MANAGERlf)i1
SUBJECT: AGENDA ITEM #/0 P - MEETING OF SEPTEMBER 24, 1991
ORDINANCE NO. 63-91
DATE: September 20, 1991
This is a second reading of an ordinance rezoning the golf course
property located within the Del Aire Golf Club subdivision from R-1AA
(Single Family Residential) to OS (Open Space) zone district and
amending the Official Zoning Map.
The subject property is 198.87 acres comprised of the Del Aire Golf
Course (27 holes) . The Golf Club, Clubhouse, Pro Shop and Recreation
Center are excluded and will retain the R-1AA (Single Family
Residential) zoning designation. The property is located east of
Military Trail, north of the L-38 Canal. The purpose of the rezoning
is to create consistency between the existing Future Land Use Map
designation of Recreation and Open Space and the zoning of the subject
property.
This item was one of two alternative City initiated actions proposed
in Comprehensive Plan Amendment 91-1 in order to resolve the present
Future Land Use Map/Zoning Designation inconsistency. The rezoning
proposal and the alternative proposal to amend the Future Land Use Map
from Recreation and Open Space to Low Density Residential were
considered by the Planning and Zoning Board at their meeting of April
15 , 1991. At this meeting, the Board of Directors of the Del Aire
Golf Course requested that the golf course be rezoned to Open Space
with the Future Land Use Map designation of Recreation and Open Space
being retained. This request was unanimously approved by the Planning
and Zoning Board and forwarded to the City Commission for
consideration. At your April 30, 1991 meeting the Commission
concurred with this recommendation and directed staff to proceed with
the rezoning.
As a result no further consideration of the Future Land Use Map
amendment is necessary and the rezoning may proceed as a separate
item. Additionally, further review by the Planning and Zoning Board
is not required as the proposed rezoning is consistent with their
recommendation of April 15th.
A minor discrepancy still exists between the present Future Land Use
Map designation of Open Space and Recreation and the current zoning of
R-1AA (Single Family Residential) for the Golf Club, Clubhouse, Pro
Shop and Recreation Center. However, the present use of this property
is an allowable conditional use in the R-1AA district. This
discrepancy will be addressed with Amendment 92-1, either through an
amendment to the Future Land Use Map, or a modification to the
description of the Recreation and Open Space land use designation in
the Comprehensive Plan.
Recommend approval of Ordinance No. 63-91 on second and final reading.
~ If 10 I {/!rJO/2fu)S oIt:S5mT7~ j
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_0__.___ - ---------- --. --.---- ----
- ------. ----------- -- ----.- ----~.-
ORDINANCE NO. 63-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL)
DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND IS
LOCATED WITHIN THE DEL AIRE GOLF CLUB SUBDIVISION; 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 OS (Open
Space) District as defined in Chapter Four of the Land Development
Regulations of Delray Beach, Florida, to-wit:
Tracts C, D and F of Del Aire Golf Club (Less Tract E)
as recorded in Plat Book 37, Pages 1-4, of the Public
Records of Palm Beach County, Florida
Together with
Tracts G and H of Del Aire Golf Club First Addition,
as recorded in Plat Book 37, Pages 163-166, of the
Public Records of Palm Beach County, Florida
Together with
Tract M, Del Aire Golf Club Second Addition as
recorded in Plat Book 39, Pages 66 and 67, of the
Public Records of 'Palm Beach County, Florida.
The above described parcel contains a 198.87 acre
parcel of land, more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
~ ,I'
Ok.
~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: YID T. HARDEN, CITY MANAGER
, - ~~ -
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THRU: -- Dkn~O ACS, ~TOR
DEPARTMENT OF PLANNING AND ZONING
FROM: STAN WEEDON, PLANNER III,/w
SUBJECT: MEETING OF SEPTEMBER 10, 1991
DEL-AIRE GOLF COURSE REZONING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is approval of a
City initiated rezoning of the Del-Aire Golf Course
from R-1AA (Single Family Residential) to OS (Open
Space) . The subject property is 198.87 acres comprised
of the Del-Aire Golf Course (27 holes), which excludes
the Golf ClublClubhouselPro ShoplRecreation Center.
The property is located east of Military Trail north of
the L-38 Canal. The purpose of the rezoning is to
create consistency between the existing, Future Land Use
Map designation of Recreation & Open Space and the
zoning of the subject property.
BACKGROUND/HISTORY:
This item was one of two alternative City initiated actions
proposed in Comprehensive Plan Amendment 91-1 to resolve the
present Future Land Use Map/Zoning Designation
inconsistency. The rezoning proposal and the alternative
proposal to amend the Future Land Use Map from Recreation &
Open Space to Low Density Residential were considered by the
Planning and Zoning Board at their meeting of April 15,
1991. At this meeting, the Board of Directors of the
Del-Aire Golf Course requested that the golf course be
rezoned to Open Space (OS) and the Future Land Use Map
designation of Recreation & Open Space be retained. This
request was unanimously approved by the Planning and Zoning
Board and forwarded to the City Commission for
consideration. At the meeting of April 30, 1991, the City
Commission concurred with this recommendation and directed
, that staff proceed with the rezoning.
. . city Commission Documentation
Del-Aire Golf Course Rezoning
Meeting Date: September 10, 1991
Page 2
The result of these actions is that no further consideration
of the Future Land Use Map amendment is necessary and the
rezoning may proceed as a separate item as it is no longer
tied to any actions included in Comprehensive Plan Amendment
91-l. There is no need for the item to return to the
Planning and zoning Board for further consideration as the
proposed rezoning is consistent with their recommendation of
April 15, 1991.
A minor discrepancy still exists between the present FLUM
designation (Open Space and Recreation "Recreation") and the
current zoning (R-1A, Residential) of the Golf
Club/Clubhouse/Pro Shop/Recreation Center. The present use
of this property is an allowable conditional use in the R-1A
district so the use is consistent with the zoning. This
discrepancy will be addressed with Amendment 92-1 either
through an amendment to the Future Land Use Map or a
modification to the description of the Recreation and Open
Space land use designation in the Comprehensive Plan.
ALTERNATIVE ACTIONS:
The Commission may:
l. Approve the rezoning of the Del-Aire Golf Course
from R-1AA (Single Family Residential) to OS (Open
Space), or
2. Deny the proposed rezoning with alternative
direction to staff.
RECOMMENDED ACTION:
That the City Commission approve the rezoning of the
Del-Aire Golf Course from R-lAA (Single Family Residential)
to OS (Open Space).
C: File 91-065
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY HANAGER ('J1
SUBJECT: AGENDA ITEM # 10 G - MEETING OF SEPTEMBER 24, 1991
ORDINANCE NO. 64-91
DATE: September 20, 1991
This is a second reading of an ordinance correcting an error contained
in Section 2.4.7(F)(2) of the Land Development Regulations, and
extending the period of time during which the Special Adjustment
Advisory Board may recommend correcting errors within the LDRs.
Section 2.4.7 (F) (2) (d) of the LDRs provides that unless otherwise
extended by action of the City Commission to amend this Subsection,
the provisions of Section 2.4.7 shall cease to exist on September 1,
1991. That section should have applied to Section 2.4.7 (F) (2)
specifically, and not to all of the relief provisions in Section
2.4.7. Therefore, this ordinance is being brought to you to correct
this error.
Should this ordinance be passed, the Special Adjustment Advisory Board
will remain in e~istence until May 1 , 1992. Prior to May 1 , 1992 a
decision will need to be made whether to further extend the service of
that Board. Additionally, it is recommended that the Subsection 2.4.7
(F)(2) "Relief From Improper Regulations" be extended an additional
six months to May 1 , 1992. Thus far the availability of this
provision has negated the need for costly and timely processing of the
relatively few errors which have come to our attention.
The Planning and Zoning Board has not formally reviewed this item.
That portion of the ordinance which takes corrective action does not
require Board review; however, Board comments are appropriate on the
extension of the relief period. The Board's comments will be provided
prior to your Tuesday evening meeting.
Recommend approval of Ordinance 64-91 on second and final.
~on dnD I!uuL
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: S HARD~N. CI~AGER C;,,,,",,-
~_ C~_~ (J1jtl~~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 24, 1991
ORDINANCE 64-91, LDR SECTION 2.4.7(F)(2)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of Ordinance 64-91 on Second Reading.
BACKGROUND:
Background was provided with first reading. This supplemental
information provides the Planning and Zoning Board review.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 16, 1991- At that time, the Board reviewed
the proposed text change in context of F.S. 163.3194(2) which
requires LPA "review and recommendation as to the relationship of
such proposal to the adopted comprehensive plan ..... Upon review
of the standards contained in F.S. 163.3194(3)(a)&(b), the Board
determined that the proposed LDR Amendment was not inconsistent
with the adopted comprehensive plan. (7-0 vote)
RECOMMENDED ACTION:
Receive and file this report and finding concurrent with adoption
of Ordinance 64-91.
DJK/#86/CCRELIEF.TXT
~ ;1'
CIry AT?ORNEY'S OF~ICE TEL No. 407 27'3 j~:S : -: c ':I~,.?: ' :"". : c- - - ,
-
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[Ir, DF DELAR' IEREM I
CITY ATTORNEY'S OFFICE 21){J r\W 1st AVJ;,'iUF. ' DCLRA'r' UI:ACH, FLORIDA JJ44.
FM'SI~"lf 4(17,::~,n~~r t ~ef i S2~!~'5g0Line
fo"'.EMORANDUM
Pate: September 6, 1991
rL'o : City Commission ~
Fl"OIn : David N. Tolces, Assistant City Attorne
Subject: Ordinance Reenacting Regulation Relief Provision
.
A scrivners error exists within Section 2.4.7(F)(2Jed) of the
City's tand Development Requlations. This section provides
that:
(d) Sunset: Unless otherwise extended by action ot
The City Commission to amend this Subsection, the
provisions of Section 2.4.7 shall cease to exist ort
SeptembeI' 1, 1991-
The sect;.i.en should have only applied to Section 2.4.7 (F) (2) ,
ana not all of the relief provisions in Section 2.4.7. There-
(ol'e, this ordinance is brought to you to correct the error
contained in 2.4.7(F)(2), and to extend the period of time
during which the Special Adjustment Advisory Bocu.:d Inay
recommend correcting errors within the LDR's.
Upon passage of this ordinance, the special Adjustment Advisory
Board ("8MB"), which consists of the Chief Building Official,
a City Commission Membet' , and. a Planning and Zoning Board
Member, will remain in existence until May 1, 1992. The SAAB
hciS the authority to place before t.he City Commission any
provision so the LOR's, including designations on the Official
Zoning Map which were inadvertently chanqed or approved during
the LOR adoption process. Prior to May 1, 1992 a decision will
be made whether to further extend the time period for SAAB's
existence'.
ONT:sh
Attachment
t~C : David Harden, City Manager
CIT; AHOPNEv'S OF;;rCE '"::i.. '-'0, 4';7 ~;'? ':~':: ;~~ ::'~: ::-:-~ c_
. -
ORDINANCE NO. 64-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
_ DELRAY BEACH, nORIDA, ENACTING SUBSECTION
2.4.7(F')(2), "RELIEf', FROM lMI:'KOPER REGULATIONS," OF
THE LAND DEVELOPMENT REGULATION~ Ur' THE CODE OF
ORDINANCES OF' THE CITY Of' U~~KAY BEACH, FLORIDA TO
PROVIDE FOR PROCEDURES FOR OBTAINING RELIEF FROM
ERRORS WITHIN THE LAND DEVELOPMENT REGULATIONS WHICH
INADVERTENTLY CREATE UNDU~ HARDSHIP; 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 BBACH, AS FOLLOWSr
Section 1. That Chapter :l, "AdlII1nietraU ve prov 1s10ne" ,
Article :l.4, "General Proced~r.''', S.ction 2,4.7, "Proced~rea for
Obtaining Reliet From compliance With Portion, of the Land Development
Regulation''', Sub-Section 2,4.7(F), "special provi.ion.", Sub-subsection
2.4.7(1)(2), "ReUef from Improper Regulation.", of the Land Dev.lopment
Regulations ot the Code of Ordinance. of the City of Oelray S.ach 1s
hereby enacted to r.ad as follower
(2) a.liet from Improper aequl.tion.: ACknowledging that
upon adoption ot the.e reviled Land oevelopme~t Regulation., it is
pouible and probable that error. occurred ~ch that a change to
existing regulations or provisions of previoUs code. were changed
or new regulation. or prov1sions w.re enacted which 1nadvertently
create undue hardehip which would be reversed by a e~bsequent text
amendment, special reliet may be granted by the C1ty Commission as
followel
(a) Special Ad1u.tll.nt Advi.ory Board Created: A
Special Adjultment AdvilOry Board is her.by created. It shall
consist of the Chief Build1ng OfUclal, a City Commll1l11on
memb.r, and a Plann1ng and Zon1ng Board member. The City
Commil.1on member snall be appointed by the Commiss1on and the
Planning and Zoning Soard m.mber shall be appointed by the
Planning and Zon1ng Board.
(b) Powerlr The speCial Adjustment Advilory Board Ihall
have the power, by a unanimoul vote, to place before the City
Commie.1on any provi.ion. of the.. Land Development
Regulationl, 1nclud1ng designations on the Official zon1ng
Mop, which 1n ite jUdg.ment were inappropriately or inadver-
tently changed or approved,
(c) Procedure I A requ..t for action by the Board may be
made by any citizen or by the City Manager. The r.quest .hall
be in writing and shall identify the affected section, the
regulation or provilion, and basil upon WhiCh such should b.
.et a.ide or amended. The reque.t Ihall be delivered to the
Director of D.velopment Service. who .hall pre..nt the requ.st
to the Board. The 80ard .hall review the reque.t and either
forward it to the City Commil.lon who may deny the request or
effect it through the adOption of an emergency ordinance,
purluant to adopted procedure. for such ordinance., If the
reque.t 1. not forwarded by the Board, the applicant may seek
relief through tne proce.. of an amendlllent initiated by the
City Commi..ion or the Planning and Zoning Board and subject
to the tull hearing proc.... In the ca.e of a major amendment
the property owner may pur.ue r.zoning ot the property.
(d) Sun.etr Unle.. otherwi.e extended by action of the
. City Comminion to amend this .ub.ection, the provis10ns of
I
C:TV OT~J~'JEv'3 JF~:::E .....=::.. :'lO. - - :. .... :-: :-.-::: .... -:.. - - -
-~ - - - - . . --
.
Section 2.4.7(F)(2) IIhall cease to exist on May 1, 1992.
Applications made prior to the date will be reviewed 1n
accordance with this section.
SecUon 2. That should any section or provision ot this
orc:linance.or any portion thereot, any paragraph, sentence, or word be
declared by a court ot competent jurisdiction to be invalid, such
deciaion shall not affect the validity or the remainder hereof dS a
whole or part thereot other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance sl\all become effective upon
passage on second and final reading.
PA5S!D AND ADOPTe:O 1n regular session on second and final
reading on thia the ____ day of , 1991.
MAYOR -
ATTe:STI
CH.y Clerk
Firat Read1n9 /
Second Re.ding
.
2 ORC. NO. 64-91
-_._--~. -
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
~~~ \~~~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 10, 1991
CORRECTING ORDINANCE RE EFFECTIVE DATE OF RELIEF
PROVISIONS IN THE L.D.R.S
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance with corrects and
extends a SUNSET PROVISION for relief provisions in the
L.D.R.s.
BACKGROUND:
During consideration of a recent request for "relief from
improper regulations", it was noted that the SUNSET PROVISION
contained in Section 2.4.7(F)(2)(d) referenced to the entirety of
Section 2.4.7 (all) Procedures for Obtaining Relief. This is an
obvious error. It was intended to only apply to Subsection
2.4.7(F)(2), Relief From Improper Regulations. Thus, it is
appropriate to correct the reference so that it refers only to
the subsection.
The subsection [2.4.7(F)(2)] has been very useful. Its
availability has negated the need for costly and timely
processing of the relatively few errors which have come to our
attention during the first year of the LDRS. For this reason, it
is recommended that the period be extended for an additional six
months.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not yet formally reviewed this
item. That portion dealing with correcting the obvious error
does not require Board review. Board comments are appropriate
with respect to the extension of the relief period. The Board
will review this item prior to second reading consideration.
~ '10
.
City ,Commission Documentation
Correcting Ordinance Re Effective Date
of Relief Provisions in the LDRs
Page 2
RECOMMENDED ACTION:
By motion, approval of the proposed ordinance on first reading.
Attachment:
* Proposed ordinance, by others.
DJK/#84/CCEXTEND.TXT
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERll'" I
SUBJECT: AGENDA ITEM # I fI H - MEETING OF SEPTEMBER 24, 1991
ORDINANCE NO. 65-91
DATE: September 20, 1991
This is Cl second reading of an ordinance amending Chapter 11 7 of the
Code of Ordinances to provide for an increase in the per unit cost for
the annual landlord permit fee from $11 . 50 to $13.00. The
recommendation to increase this fee is based on the volume of units
that are currently being permitted, the increase in permits
anticipated for 1991/92 and the amount of staff time allocated to
processing these permits.
Staff does not anticipate that the $13 per unit fee will cover staff
costs, however it is considered a fair cost. The only other city
which charges for similar permits is West Palm Beach. Their per unit
cost is $30.
Recommend approval of Ordinance No. 65-91 on second and final reading.
p~ Of) 5-0 u~
~ .Ii
.
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~
SUBJECT: INCREASE IN LANDLORD PERMIT FEES
- -
DATE: SEPTEMBER 18, 1991
We are proposing to increase the landlord permit fee from $11.50
per unit to $13.00 per unit effective October 1, 1991.
Our recommendation to increase this fee is based on tlie volume of
units that are currently being permitted, the increase in permits
anticipated for 1991/92 and the amount of staff time allocated to
processing these permits.
Although the $13.00 fee does not cover staff costs it is
considered to be a fair cost. The only other city which charges
for a similar permit is West Palm Beach at a cost of $30.00 per
unit.
For fiscal year 90/91, we collected a total of $32,976.25 for
2,891 units. We anticipate collecting $39,000 for 3,000 units
for FlY 91/92 at the proposed $13.00 per unit fee.
LB:DQ
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LandLord.CC
~ .,"
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--- "-- --_.-
ORDINANCE NO. 65-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XI. "BUSINESS
REGULATIONS", CHAPTER 117, "LANDLORD PERMITS", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH.
FLORIDA, BY AMENDING SECTION 117.02, "PERMIT FEES". TO
INCREASE THE PER UNIT COST FOR THE ANNUAL PERMIT FEE;
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 Title XI, "Business Regulations", Chapter 117.
"Landlord Permits", Section 117.02, "Permit Fees", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Sec. 117.02 PERMIT FEES.
Applications for a landlord permit shall be available through
the Building Department. The annual permit fee shall be f%%~Se
$13.00 per unit. Such permit shall be for one year from the
date of issue on November 1 of each year, with the fee to be
prorated quarterly.
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 in
conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective October
1, 1991.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
,
..
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {Ii f
SUBJECT: AGENDA ITEM # 10 r - MEETING OF SEPTEMBER 24, 1991
ORDINANCE NO. 66-91
DATE: September 20, 1991
This is a second reading of an ordinance amending Chapter 51 of the
Code of Ordinances to provide for an increase in the fees and charges
for residential garbage and trash servicesj to provide for a decrease
in the fees and charges for commercial garbage and trash services;
and, to provide for an increase in the fees for residential recycling
services. The fees for multi-family and commercial recycling remain
unchanged (i.e. enacted pursuant to Ordinance No. 48-91).
These increases and decreases in fees and charges are pursuant to the
agreements between the City and Solid Waste Authority and Waste
Management. As such, these changes in fees represent the annual
adjustment authorized in those agreements. A detailed staff report is
attached as backup material for this item.
Recommend approval of Ordinance No. 66-91 on second and final reading.
p~ ~IlD €-uuL 6-0
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M E M 0 RAN DUM I"f' 2 0
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TO: Robert Bar~\~Sistant City Manager/Comm. Servo
FROM: Joseph safford~ector of Finance
DATE
8-19-91
SUBJECT: PROPOSED COMMERCIAL AND RESIDENTIAL GARBAGE RATES
I am recommending that the City Commission approve increasing
(decreasing) the City's service fees for garbage and trash
collection pursuant to the following.
1. Effective October 1. 1991. the Solid Waste Authority
will begin assessing commercial parcels for a portion
of the total disposal fee. The balance will be paid
at the landfill or transfer station at the rate of
$37 per ton. The actual cost of disposal is -$90.85/ton.
Residential customers will continue to pay the Solid
Waste Authority for ALL of the disposal portion at an
annual rate of $149.
2. The contract with Waste Management provides for an
increase in the collection portion of the bill based on
the change in the Consumer Price Index for the previous
year; 6.1%.
3. Funding for the continuous bulk-trash pick-up program
has been proportionally adjusted to incorporate the
above.
4. The residential. curb-side recyclina charge will be
$1.99 per unit. This is an increase of 6.1% from
the previous year. This rate is a component of the
residential garbage rate. Effective October 1. 1991.
Waste Management will begin billing commercial and
multi-family customers for recycling. The rates have
been set forth in Ordinance 48-91.
A copy of the previous ordinance with the new rates indicated
is attached and should be forwarded to the City Clerks Office
for drafting and placing on the Agenda.
cc: Jan Williams. Utility Billing Manager
~ ,"
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ORDINANCE NO. 66-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS",
CHAPTER 51, "GARBAGE AND TRASH" , OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING "RATES AND CHARGES", SECTION 51.70, "REGL'LAR
CHARGES LEVIED", TO PROVIDE FOR INCREASED GARBAGE AND
TRASH SERVICE CHARGES AND FEES FOR RESIDENTIAL SERVICE;
TO PROVIDE FOR DECREASED GARBAGE AND TRASH SERVICE
CHARGES AND FEES FOR COMMERCIAL SERVICE; TO PROVIDE FOR
AN INCREASE IN THE FEE FOR RESIDENTIAL CUSTOMERS FOR
RECYCLING SERVICE; 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 Title V, "Public Works", Chapter 51, "Garbage
and Trash", "Rates and Charges", Section 51.70, " Regular Charges
Levied", of the Code of Ordinances of the City of Delray Beach, F10r~da,
be, and the same is hereby amended to read as follows:
Sec. 51.70 REGULAR CHARGES LEVIED.
The following service charges or fees are levied for garbage
and trash service:
(A) Charges for the below-described garbage and trash p~ckup
service shall be as follows and shall commence when a
certificate of occupancy is issued for any residential or
commercial units, and shall continue monthly thereafter
unless service is discontinued in accordance with Section
51-72 :
(1) For those customers receiving Type A, roll-out cart
service, the service charge shall be U2t01 $12.73
per month for garbage and trash pickup. However, the
levy for "Tropic Palms and Palms of Delray" (known as
Type F) shall be Ui.. $10.01 per month for garbage
and trash pickup.
(2) For those customers receiving Type B, rear-door/side-
door service, the service charge shall be U0tI3
$10.74 per month for garbage and trash pickup.
However, the levy for the area bordered by N.W. 22nd
Street on the north, Old Dixie Highway on the east,
Lake Ida Road on the south and N.E. 2nd Avenue on the
west (known as Type G) shall be U2J71 $13.47 per
month for garbage and trash pickup.
( 3) For those customers receiving Type C, curbside,
garbage and household trash in disposable containers
service, the service charge shall be .4iI' $4.45 per
month for garbage and household trash picku~
(4) For those customers receiving Type 0, curbside in
owner's container (or for those customers who, by
reason of disability, as certified by a doctor and
previously approved by the city, are unable to place
refuse containers on the street, and whose collection
by the city or its contractor is thus pursuant to the
Type 8, rear-door/side-door service) , the service
charge shall be .li.1 $8.57 per month for garbage and
trash pickup. And the levy for the area bordered by
.
. .-
S.W. 10th street on the north, Federal Hlghway on the
east, Linton Boulevard on the south and I-95 on ~he
west (known as Type H) shall be SI0i6~ $11.30 ?er
month for garbage and trash pickup.
NOTE: Residential customers shall be assessed 3
'$'l.\'lil'a. $1.99 per unit charge for recycling serVl::e
(inc'luded in rates set forth above). The effectlve
date for Type G and Type H rates will be January 1,
1991.
(B) Mechanical containers and commercial refuse contalner
service.
(1) For customers receiving Type E, mechanical contalners
and commercial refuse container service, the service
charge shall be based upon the following for such
garbage and trash services:
Container Residential Commercial
Size Monthly Monthly
(Square Pickups Container Container
Yard) Per Week Charge Charge
(Collection (Collection
Charge Only and Disposal
Charge
2 1 $ 28 30 $ U 46
3 1 H TI n 66
4 1 U 50 123 84
6 1 U 70 ZS0 120
8 1 82 86 2H 153
2 2 U 59 U2 92
3 2 71 8T UI 132
4 2 n 100 U.7 168
6 2 III 139 H0 240
8 2 IU m H' 306
2 3 U 8i IU 139
3 3 IZ' 122 28' 198
4 3 ZU 151 .370 251
6 3 ZU 209 U0 360
8 3 215 257 700 459
2 4 ZIZ 118 261 185
3 4 ZU 163 382 263
4 4 U0 201 U4 335
6 4 261 278 7U 480
8 4 au 343 ua 612
2 5 140 147 H' 231
3 5 z,a 203 477 329
4 5 U8 251 'ZS 419
6 5 HI 348 8n 600
8 5 401 429 II" 765
2 6 1'8 177 a,s 278
3 6 2aZ 244 ~7a 395
4 6 281 301 74Z 503
6 6 H1 418 Z0U 720
8 6 48' 515 za" 918
(2) Multiple-family dwelling units containing five units
or more shall use containers emptied by mechanical
means, except as otherwise approved by the city
because of lack of suitable space for a mechanical
container or other good reason.
,
-2- Ord. No. 66-91
. .
(3) Commercial customers 3hall use mechanical co~tai~e~s
and commercial refuse container service (Type S).
Commercial customers shall include, but ~ot be
limited to, all office buildings, stores, ::illl~g
stations, service establishments, light l~dustry,
schools, churche!;, clubs, lodges, motels, lau~dries,
hotels, public buildings, food service, and lodgl~g
establishments. Commercial customers may use any of
the following containers for accumulation of refuse:
(a) Commercial refuse containers. The city shall
require any commercial customer needing ~ore
than six refuse containers to use mecha~lcal
containers, if feasible.
(b) Mechanical containers.
(4) The owners/operators of commercial establishments and
other commercial customers shall accumulate such
refuse in those locations mutually agreed upon by the
owner/operator and the city or its contractors, and
which are convenient for collection by the city or
its contractors.
(5) Containers emptied by mechanical means shall be
provided by the city or its contractors. These
containers shall be emptied on a schedule mutually
agreed upon by the customer and the city or ltS
contractors, but not less than one day a week nor
more than six days a week. Maintenance of that
container shall be as set forth in this chapter;
however, the city's contractors shall not impose any
separate or additional charges to customers or to the
city for the rental or routine/regular maintenance of
such containers that may be performed by the city's
contractors.
(6) Commercial customers needing less than six refuse
containers, and those approved for this type of
service by the city in advance because they lack a
suitable location for a mechanical container shall
also be serviced at least once per week. All garbage
and commercial trash shall be collected from such
refuse containers at locations agreed to between the
city or its contractors and the customer.
Ie) The charges set forth above for mechanical containers and
commercial refuse container service (Type E) shall accrue
and be payable on the total capacity of the container
whether or not it is full. Containers of the type and
size designated by the city or provided by the city's
contractors shall be used. Where more than one user is
serviced by one container, the monthly charges shall be
levied to each customer by dividing the total monthly cost
by the number of customers using that container: however,
in no event shall the monthly service charge be less than
'28 $30 for residential dumpster service and ,.. $46 for
commercial dumpster service. The term "CUSTOMER" as
employed herein is any person using the service or to whom
the service is available. Even if the customer is
different from the person who is actually billed for or
pays for the service, the minimum monthly charge referred
to above shall be calculated as to each customer.
. -3- Ord. No. 66-91
. ..
(D) Commercial Rates for Recycling
Container Size Pick ups per Recycling ~ont~ly
(square yard) week Billing Rates
96 gal 1 $ 17
2 1 41
3 1 54
4 1 74
6 1 98
8 1 123
96 gal 2 26
2 2 62
3 2 81
4 2 115
6 2 161
8 2 206
96 gal 3 34
2 3 82
3 3 107
4 3 157
6 3 233
8 3 290
96 gal 4 43
2 4 103
3 4 134
4 4 198
6 4 286
8 4 373
96 gal 5 52
2 5 124
3 5 160
4 5 240
6 5 348
8 5 456
96 gal 6 61
2 6 145
3 6 186
4 6 282
6 6 410
8 6 539
(E) Multi-Family Rates for Recycling:
Multi-family units which do not receive curbside recycling
service shall be assessed a monthly charge of $1.60 per
unit which shall be billed by the contractor.
Section 2. That all ordinances or parts of ordinances WhlCh
are in conflict herewith are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by' a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as 3
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading, and the changes
set forth herein shall be applicable to all bills rendered on or after
October 1, 1991.
. -4- Ord. No. 66-91
~ 'II
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-- --
-.--
PASSED AND ADOPTED in regular session on second and :i:;al
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
, -5- Ord. No. 66-91
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf t;J/
SOBJECT: AGENDA ITEM # I ~ ~ - MEETING OF SEPTEMBER 24, 1991
ORDINANCE NO. 68-91
DATE: September 20, 1991
This is a first reading of an ordinance adopting Comprehensive Plan
Amendment 91-1.
We have received the Objections, Recommendations, and Comments (O.R.C.
Report) from the Department of Community Affairs with regard to
Comprehensive Plan Amendment .91-l. The City now has 60 days to
respond to the O.R.C. Report and to adopt the proposed amendment. The
O.R.C. Report listed nine specific and two general objections to the
proposed amendment. Staff has addressed those objections in "Staff's
Response to O.R.C. Report" , which is attached as backup material for
this item. The comments in the report provide arguments to retain
each of the Future Land Use Map Amendments as transmitted. The other
objections have been complied with.
The Planning and Zoning Board at their September 16th meeting
forwarded the "Response to the O.R.C. Report" with a recommendation
that the responses be incorporated with Plan Amendment 91-1. The full
file of recommendations and comments with regard to Proposed Amendment
91-1 is available for review in the Planning Department.
Recommend approval of Ordinance No. 68-91 on first reading.
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ORDINANCE NO. 68-91 16V~U //
AN ORDINANCE OF THE CITY COMMISSIO~ OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING COMPREHE IVE PLAN
AMENDMENT 91-1 PURSUANT TO THE PROVISI NS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE PLANNI AND LAND
DEVELOPMENT REGULATION ACT," FLORIDA STA TES SECTIONS
163.3161 THROUGH 163.3243, INCLU VE; INCLUDING
AMENDMENTS TO THE GOALS, OBJECTIVES A POLICIES OF THE
INDEX, CONSERVATION ELEMENT, PUBLIC ACILITIES ELEMENT,
TRAFFIC ELEMENT, OPEN SPACE AND ECREATION ELEMENT,
HOUSING ELEMENT, COASTAL MANAGE T ELEMENT, LAND USE
ELEMENT, CAPITAL IMPROVEME TS ELEMENT, AND
INTERGOVERNMENTAL COORDINATION LEMENT, BASED UPON AN
ASSESSMENT OF TASKS ACCOMP SHED, AVAILABILITY OF
RESOURCES AND NEW INFORMATIO ; INCLUDING CHANGES TO THE
FUTURE LAND USE MAP ~CElL"5........~---....IfAN.IU
INCLUDING AMENDMENTS TO ART IV, 'REQUIREMENTS FOR
CAPITAL IMPROVEMENTS H1PLEMENTATION" ; INCLUDING
AMENDMENTS TO PART V, " ROCEDURES FOR MONITORING AND
EVALUATION OF THE AND INCLUDING TEXTUAL
AMENDMENTS TO SUMMA OF MAJOR FEATURES OF THE
COMPREHENSIVE PLAN, CONSERVATION ELEMENT, PUBLIC
FACILITIES ELEMENT, TRAFFIC ELEMENT, OPEN SPACE AND
RECREATION ELEMEN , LAND USE ELEMENT, AND CAPITAL
IMPROVEMENTS ELE NT; ALL AS MORE PARTICULARLY
DESCRIBED IN EXH IT "A" ENTITLED "COMPREHENSIVE PLAN
AMENDMENT 91-1" ND INCORPORATED HEREIN BY REFERENCE;
PROVIDING A SAV, NG CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, t~ City of Delray Beach exercised the authority
granted pursuant to e provisions of Florida Statutes Sections 163.3161
- 163.3243 known as the "Local Government Comprehensive Planning and
Land Development Re ulation Act"; and,
WHEREAS,/.~ia Ordinance No. 82-89 the City Commission adopted
the document ent~tled "Comprehensive Plan - Delray Beach, Florida"; and,
/
WHERE , the Planning and Zoning Board, as Local Planning
Agency, did p epare an amendment to the Comprehensive Plan entitled
"Comprehensiv Plan Amendment 91-1"; and,
5, the Planning and Zoning Board as the Local Planning
Agency, fo owing due public notice, held two public hearings on Apr il
8, 1991, a d April 15, 1991, in accordance with the requirements of the
"Local Go ernment Comprehensive Planning and Land Development Regulation
Act"; an ,
after the above-referenced public hearings, the
Planni g and Zoning Board, as Local Planning Agency, recommended to the
City ommission that the proposed Comprehensive Plan Amendment 91-1 be
adop ed; and,
WHEREAS, proposed Comprehensive Plan Amendment 91-1 was
su mitted to and reviewed by the City Commission; and,
WHEREAS, following due public notice, the first of two required
ublic hearings on Comprehensive Plan Amendment 91-1 was held by the
City Commission on April 30, 1991, in accordance with the requirements
of the "Local Government Comprehensive Planning and Land Development
Regulation Act"; and,
WHEREAS, proposed Comprehensive Plan Amendment 91-1 was
forwarded to the State Department of Community Affairs for review and
comment on May 10, 1991; and,
.
~ ,10
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WHEREAS, a report of Objections, Recommendations and Comments
has been received from the State Department of Community Affairs and
said report has been reviewed by the Planning and Zoning Board, as Local
Planning Agency, and is the basis for modifications to the proposed
Comprehensive Plan Amendment 91-1; and,
WHEREAS, following due public notice, the second of two
required public hearings on Comprehensive Plan Amendment 91-1 was held
by the City Commission on October 8, 1991, in accordance with the
requirements of the "Local Government Comprehensive Planning and Land
Development Regulation Act",
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby declares its intent to exercise the authority
granted pursuant to the provisions of Florida Statutes Sections 163.3161
- 163.3243 known as the "Local Government Comprehensive Planning and
Land Development Regulation Act."
Section 2. That in implementation of its declared intent set
forth in Section 1 of this ordinance, there is hereby adopted and
incorporated herein by reference the document entitled "Comprehensive
Plan Amendment 91-1".
Section 3. That the document entitled "Comprehensive Plan
Delray Beach, Florida" is hereby amended pursuant to the document
entitled "Comprehensive Plan Amendment 91-1."
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective upon the
City's receipt of Notice of Compliance from the State Department of
Community Affairs, pursuant to Florida Statutes Section 163.3184.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
. -2- Ord. No. 68-91
C I T Y COM MIS S ION DOC U MEN TAT ION
J=3' ;ZuMANAGER
DAVID J. KOVACS, DIRECTO~~
-- DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 24, 1991
ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT 91-1
,
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval, on first reading, of an Ordinance which adopts
the Comprehensive Plan Amendment 91-1.
BACKGROUND:
Plan Amendment 91-1 was reviewed in a public hearing before the City
Commission on April 30, 1991. It was transmitted to D.C.A. for
review. Objections, Recommendations, and Comments (O.R.C. Report)
was received from D.C.A. on August 19, 1991. The City has 60 days
to respond to the O.R.C. Report and to adopt the proposed amendment.
Subsequent to first reading, a public hearing (noticed by a quarter
page advertisement) will be held on October 8th.
The O.R.C. Report listed nine specific and two general objections.
In summary, these included:
1. Our use of the County L.O.S. Standards. D.C.A. noted that the
County L.O.S. had not yet (nor may not be) deemed acceptable.
2. Inconsistencies in Table T-4, Traffic Element Network.
3. Methodology for deleting from the Plan, those policies which
have been complied with (met) during the previous year.
4. Deferral of special regulations whicn address the conflict
between industrial land uses and the location of our water
supply wells.
5. Use of the words "discourage" and "should explore" in the
rewriting of some Land Use Element policies.
~ ,"
City Commission Documentation
Ordinance Adoption Comprehensive Plan Amendment 91-1
Page 2
6. Delaying of Redevelopment Area Plans without having sufficient
guidance in the Plan document as to interim rules.
7. Future Land Use Map Amendment re: Gwynn (Residential to
Transitional, north of George Bush Boulevard)
8. Future Land Use Map Amendment re: OSSHAD area being designated
as a mixed use area objected due to the lack of adequate
guidelines in the Comprehensive Plan.
9. Future Land Use Map Amendment re: Changing the "conservation"
parcels along 1-95 (Tropic Palms subdivision) to "open space"
designations due to a lack of supporting documentation.
10. Objections due to non conformance with the State and Regional
Policy Plans. . These objections are linked directly to the
previously noted objections.
In addition to the above, another Future Land Use Map Amendment
is included. It corrects an obvious error which was discovered
during review of the DBO Acres rezoning request. Inadvertently,
a portion of the DBO Acres plat was designated Industrial instead
of Commercial.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 16th and previously at a work session. The
Staff's Response to O.R.C. Report provides arguments to retain each
of the Future Land Use Map Amendments as transmitted. The other
objections have been complied with our previous position which has
been further substantiated. That objection dealing with L.O.S.
Traffic tables has been resolved by going back to our previous
L.O.S., but with allowing use of the County L.O.S. once a finding of
compliance is granted to the County's amendment.
The Board forwarded the Response to O.R.C. Report with a
recommendation that the responses be incorporated with Plan
Amendment 91-1.
city Commission Documentation
Ordinance Adoption Comprehensive Plan Amendment 91-1
Page 3
RECOMMENDED ACTION:
By motion, approval of this Ordinance on first reading.
NOTE: Attached is a copy of the response to O.R.C. Report. The
proposed Amendment 91-1 has been previously provided to
Commissioners. The full file of recommendations and comments is
available in the Planning Department Office for further review.
At second reading, the formal attachment will 'accompany the
ordinance.
Attachment:
* Response to O.R.C. Report with cover memo of September 13, 1991
DJK/#86/CCPLAN
~ ;11
MEMORANDUM
To: Planning and Zoning Board
From: Stan Weedon, Planner I II, fiLl
Date: September 13, 1991
Subject: Response to ORC Report
The. attached ORC Response contains corrections/additions
based upon discussions at your September 12, 1991
work session. The changes are:
1. Revised response to Objection #1 (pg. 2)
which deals with traffic levels bf service,
2. Revised response to Objection #3 (pg. 9)
regarding Housing Element Policy A-6.2,
eliminating the alternatives discussed
September 12th, and
3. Additional information regarding the D.B.O.
Acres Future Land Use Map Amendment on page
25.
~I .1.
CITY OF DELRAY BEACH RESPONSE TO
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
COMPREHENSIVE PLAN AMENDMENT 91-1
-
,
I. TEXT AMENDMENTS
CONSISTENCY WITH RULE 9J-5, F.A.C., AND CHAPTER 163, 'F.S.
A. OBJECTIONS
1. 9J - 5.0055 ( 1 ) ( a) 1. , ( d) , 9J-5.007(3)(c)1., 9J-5.015
(3)(b)3.
The proposed use of the Palm Beach County roadway
level of service standards (1991 Countywide
Traffic Performance Standards, Average Annual
Daily Level of Service Standards, Test One) is not
consistent or justified as compatible to the
maximum extent feasible with the standards
established by the Florida Department of
Transportation. The level of service standards
are not based on peak hour volumes, and do not
consider signalization.
Recommendation
Revise Table T-1a to be consistent with the level
of service standards established by the Florida
Department of Transportation. Alternatively,
expand the data and analysis to justify deviation
from the FDOT standards, including an analysis
which demonstrates how other state and regional
goals and policies will be achieved by the
variance and why their achievement is a higher
priority than the negative effects of degraded
road conditions. Revise the level of service
standards to be based on peak hour volumes. See
the Department's February 22, 1991 Statement of
Intent finding the Palm Beach County amendments
not in compliance. See the enclosed comments from
FDOT.
City Response
The City will withdraw the adoption of amended
Table T-1a from amendment 91-1 and retain the
existing table which utilizes standards as adopted
by the Treasure Coast Regional Planning Council.
In addition, the following amendment will al!;Jo be
made to Traffic Element Objective B-1:
The Level of Service (LOS) for the Delray
Beach street system is hereby established as
"c" for all conditions average-daily-traffic
year -rol1nd, -or -UBU -ABT -peak -season, -or -UBU
t2nder -any -peak -condition, -whichever -is -most
stringent except for:
2
~ -I'
* streets under State jurisdiction
which shall be allowed to 'function
at LOS "D" under any conditions
pursuant to Table T-lb, and
* streets under County jurisdiction
which shall be allowed to function
at LOS "D" under any conditions
pursuant to the Palm Beach County
Traffic Performance Standards,
Ordinance 90-40.
Table CI-GOP-l, page III-H-21 of the Capital
Improvements Element will also be amended to
reflect these levels of service under the
"Traffic" heading.
2. 9J-5.005(5), 9J-5.007(2)
The proposed amendment to Table T-4 (number 4 on
page 1-4) is inconsistent with the information in
Table T-5 concerning laneage.
Recommendation
Revise the plan to be consistent and accurate.
Also, as indicated in the enclosed comments from
FDOT, the ultimate right-of-way width specified in
the amendment is inconsistent with the Palm Beach
County plan. The City should coordinate with the
County to resolve the inconsistency. See the
enclosed comments from FDOT.
City Response
The County Trafficways Map has been revised to
show the 60' ultimate right-of-way width. The
number of lanes for Table T-4 as adopted will
reflect 3 lanes. Please see ORC Response Support
Document #1 for verification of r-o-w width.
3
3 . 9J-5.005(6), s. 163.3l94, F.S.
The City proposes to delete a number of policies
because they have been incorporated into the land
development regulations. However, the policies
are needed to address requirements of Rule 9J-5,
F.A.C. some of these policies are inadequate
because they are worded such that they defer
implementation of the plan to the land development
regulations and do not specify independently
enforceable standards and guidelines. Also,
Policy A-6.2 of the Housing Element, regarding
group homes, is inadequate because it is
inconsistent with Chapter 419, F.S.
This objection relates to the following policies:
Conservation Element
Policy A-2.l (9J-5.006(3)(c)6., 9J-5.0l3(2)(c)
1.)
Policy A-2.3 (9J-5.006(3)(c)6., 9J-5.0l3(2)(c)
1.)
Policy A-2.4 (9J-5.0l3(2)(c)10.)
Policy 8-1.1 (9J-5.006(3)(c)6., 9J-5.0l3(2) (c)
9 . )
Policy B-1.7 (9J-5.0l3(2)(c)3.,6.)
Policy B-2.l (9J-5.0l3(2)(c)3.,6.)
Policy B-2.3 (9J-5.0l3(2)(c)3.,6.)
Traffic Circulation Element
Policy A-2.2 (9J-5.007(3)(c)4.)
Policy A-2.3 (9J-5.0055(2)0
Policy A-6.l (9J-5.007(3)(c)2.,3.)
Policy A-6.2 (9J-5.007(3)(c)2.)
Policy D-l.l (9J-5.007(3)(c)5.)
Policy D-2.2 (9J-5.007(3)(c)3.)
Open Space and Recreation Element
Policy B-2.l (9J-5.006(3)(c)6., 9J-5.0l3(2)9c)
9. )
Policy B-2.3 (9J-5.0l4(3)(c)1.)
Housinq Element
Policy A-6.2 (9J-5.0l0(3)(c)5.,6.)
Coastal Management Element
Policy C-4.1 (9J-5.006(3)(c)6., 9J-5.0l3(2)(c)
9. )
4
3 . 9J-5.005(6), s. 163.3194, F.S. (cont. )
Future land Use Element
Policy A-3.2 (9J-5.006(3)(b)4., (c)6.)
Policy A-3.3 (9J-5.006(3) (c)4.,
9J-5.0l4(3)(c)1., 2 . )
Policy A-5.4 (9J-5.02l, s. 187.201(26) (b)4.)
Policy 8-1.4 (9J-5.007(3)(c)4.)
Policy C-4.l (9J-5.006(3)(b)2., 9J-5.0l0(3) (c)
3. , 4 . )
Policy D-3.l (9J-5.0l5(3)(c)1.)
Capital Improvements Element
Policy A-4.l (9J-5.0l6(3)(c)8.)
Interqovernmental Coordination Element
Policy A-l.8 (9J-5.0l5(3)(c)5.)
Recommendation
The above referenced policies should not be
deleted, rather they should be revised, where
necessary, to establish enforceable, substantive
standards for development. As indicated in s.
163.3194, F.S. , the comprehensive plan should
remain the guiding document with which all City
actions and regulations must be consistent.
Revise Policy A-6.2 (and C-2.5) of the Housing
Element to provide adequate sites f or group homes
and foster care facilities in residential areas,
consistent with Chapter 419, F.S.
City Response
The City will retain the majority of these
policies in an amended fashion for maintenance
purposes. However, the City will not amend its
policies to establish enforceable, substantive
standards for development as Florida
Administrative Rule, Chapter 9J-S.00S(6)
specifically states "It is not the intent of this
Chapter to require the inclusion of implementing
regulations in the comprehensive plan but rather
to require the identification of those programs,
activities, and land regulations that will be part
of the strategy for implementing the comprehensive
plan and the goals, objectives, and policies that
describe how the programs, activities, and land
development regulations will be carried out
consistent with Section 163.3201, Florida
Statutes."
Also see the response to objection #6 on page 15
of this document.
S
3 . 9J-S.00S(6), s. l63.3l94, F.S.
City Response (cont. )
Conservation Element
Policy A-2.l This policy will be retained
and amended as follows:
Assurance that the County Wellfield
Protection Ordinance is complied with shall
be accomplished by including compliance as a
performance standard for which a specific
finding must be made upon' approval of any
site plan or conditional use action. Thi!l
reql1irement -!Ihall -be -codified -a!l -a -part -of
the-land-l1!1e-regl1lation-program-which-follow!I
the -adoption -of -the -Plan.. fLDR's Section
3.3.4(A) ]
Policy A-2.3 This Policy will be retained
and amended as proposed.
Policy A-2.4 The requirements of F.A.C.
Chapter 9J-S.013(2)(c)10. are
adequately addressed by
Policies A-2.l and A-2.3,
therefore this policy will be
deleted as proposed.
Policy B-l.l This policy will be retained
and amended as noted below.
The environmentally sensitive areas
identified in Objective B-1 shall be
identified on the Future Land Use Map by an
"Open Space - Conservation" symbol which
shall draw attention to this Objective. 1::Jpon
adoption--of--the--€omprehen!live--plan,--t!he
F.I.N.D. parcels shall be rezoned to-an open
space or conservation zone district.
Policy B-1. 7 This policy will be retained
and amended as noted below.
The City's Landscape Ordinance shall be
amended,-within-one-year-following-!Il1bmi!l!lion
of-the-Plan,-in-order-to provide for removal
of existing invasive exotic species such as
Australian Pine, Brazilian Pepper, and
Melaleuca on private property as development
and/or redevelopment occurs. It shall also
prohibit the planting or cultivation of these
species anywhere within the City. fLDR's
Section 4.6.l6(G)]
6
~ ."
3 . 9J-5.00S(6), s. 163.3194, F.S.
City Response ( cont . )
,
Conservation Element ( cont . )
Policy B-2.1 This policy will be retained
and amended as noted below.
The submission of a biological survey and a
habitat analysis shall accompany land use
requests for plan amendments, rezonings, and
site plan approval. However, this
requirement shall not apply to small parcels,
developed parcels, or where it is apparent
that there are not such resources. Thi!l
l!Il1bmittal -reql1irement -!Ihall -be -incll1ded -in
the -reql1ire!l -l1pdate -of -land -tl!le :regl1lation!l
which -follow!I -adoption -of -the -Plan. (c1)
[LDR's Section 3.3.4(B)]
Policy B-2.3 This policy will be retained
and amended as noted below.
A tree permit shall be necessary to remove or
destroy any tree which has a diameter of four
inches or greater on other than single family
lots. A-reql1irement-to-obtain-a-tree-permit
!Ihall -be -in!ltit1:1ted -by -ordinance -prior -to
al1ne,-l998.--The-criteria-and-procedl1re!l-for
l!Il1eh -an -ordinance -!Ihall -be -prepared -by -the
eity-Horticl1ltl1ri!lt-and-!Ihall-be-incll1ded-in
the-land-t2!1e-regl1lation-l1pdate-which-follow!I
adoption --of --the --Plan. [LOR's Section
2.4.6(G)]
Traffic Circulation Element
Policy A-2.2 This policy will be retained
with the addition of the
following citation at the end
of said policy. [LOR's
Sections 5.3.1(A) & ( B) ]
Policy A-2.3 This policy will be retained
with the addition of the
following citation at the end
of said policy. fLOR's
Sections S.3.1(E)1
7
I
3. 9J-S.00S(6), s. l63.3194, F.S.
city Response (cont. )
Traffic Circulation Element ( cont. )
Policy A-6.l This policy will be retained
and amended as noted below.
The Subdivision Regulations shall be-t2pdated
to provide consistent standards for, but not
limited to, the following:
- location and design of driveway
access and on-site circulation
- width and location of curb cuts
- width and location of median
openings
- radii of curves and criteria for
locations where driveways or
private streets may intersect on
curves
- line-of-sight at intersections and
driveways
- width and conditions of shoulders
- street lighting standards,
particularly as intersections
[LDR's Sections 6.1.2, 6.1.4, and 6.1.5]
Policy A-6.2 This policy will be retained
and amended as noted below.
The ~oning -Reg111ation!l -!Ihall -provide -that
approval of a modification to an existing
site development plan and/or conditional use
shall be conditioned upon the upgrading of
its points of access to meet adopted
standards. [LDR's Sections 2.4.5(G) (2), ( 4)
& ( 5) ]
Policy D-1. 1 This policy will be retained
with the addition of the
following citation at the end
of said policy. [LDR's
Section 3.3.3(B)]
Policy D-2.2 This policy will be retained
with the addition of the
following citation at the end
of said policy. [LDR's
Section 4.6.9(C)(1)(c)]
8
~ ,I'
3. 9J-5.00S(6), s. 163.3194, F.S.
City Response ( cont. )
Open Space and Recreation Element
Policy B-2.1 This policy will be retained.
Policy B-2.3 This policy will be retained
and amended as noted below:
An The Open Space (OS) Zone District of the
Land Development Requlations l!Ihall---be
ereated.---Thi!l--de!lignation--test shall be
applied to "Open Space" and "Conservation"
parcels. Recreational facilities shall be ..
accommodated under the Community Facilities
(CF) Zone District. When -the.-eS -Hone -i!l
created,-the-definition!l-!Iection-of-the-band
B'!Ie -Bevelopment -Regl1lation!l -!Ihall -provide -a
definition---of---open---l!Ipace---area!l---and
eon!lervation--area!l. The OS Zone shall
provide for distinct standards applicable to
open space lands and to conservation lands.
The -as -Hone -Bi!ltrict -!Ihafl -be -created -as -a
part-of-the-band-B'!Ie-Bevelopment-Regl1lation!l
which. -are -to -be -adopted -within -one -year -of
st2bmi!lsion -of -the -€omprehen!live -Plan. (c1)
fLDR's Section 4.4.221
Housinq Element
Policy A-6.2 This policy along with Policy
C-2.5 will be deleted by this
amendment. (Note that Policy
C-2.S was not initially
submitted with Amendment 91-1,
but is included at this time)
A new policy, Policy A-S.11
will be added to the Land Use
Element to provide that the
City amend its Land
Development Regulations to be
consistent with Chapter 419.
ORC Response Support Document
#2 indicates that the City is
aware of this conflict and
intends to correct it. The
new policy reads as follows:
The City shall, by June 1992, amend its Land
Development Requlations to accommodate the
location of community residential homes
pursuant to F.S. Chapter 419.
9
.
3 . 9J-5.00S(6), s. 163.3194, F.S.
City Response (cont.)
Coastal Management Element
Policy C-4.1 The requirements of F.A.C.
Chapter 9J-5.006(3)(c)6 and
9J-5.013(2)(c)9 are adequately
addressed by Conservation
Element Policy B-1. 1,
therefore this policy will be
deleted as proposed.
Future Land Use Element
Policy A-3.2 This policy will be retained
with the addit~on of the
following citation at the end
of said policy. [LDR's
Sections 4.4.22 & 23]
policy A-3.3 This policy will be retained
with the addition of the
following citation at the end
of said policy. [LDR's
Sections 4.4.22 & 23]
Policy 'A-5.4 This policy will be retained
with the addition of the
following citation at the end
of said policy. [LDR's
Sections 2.2 , 4.3.1(D), 4.4.1
- 4.4.25, 4.6.7, 4.6.16, &
5.1.3,1
Policy B-1.4 This policy will be retained
with the addition of the
following citation at the end
of said policy. [LDR's
Sections 5.3.1 - 5.3.4]
10
~ ,Lo
3. 9J-5.005(6), s. 163.3194, F.S.
City Response (cont. )
Future Land Use Element
Policy C-4.1 This policy will be retained
and amended as noted below:
The Central Business District (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.
Modifieations and shall, at a minimum,
address the following:
* deletion of inappropriate uses
* incentives for locating retail on
the ground floor with office and
residential use on upper floors
* accommodating parking needs through
innovative actions
* incentives for dinner theaters,
playhouses, and other family
oriented activities
* allowing and facilitating outdoor
cafes
* incentives for mixed use
developments and rehabilitations
* elimination of side yard setback
requirements
* allow structural overhang
encroachments into required yard
areas
fLDR's Section 4.4.131
Policy D-3.1 The requirements of F.A.C.
Chapter 9J-5.015(3)(c)1 are
adequately addressed by
Policy 0-3.2, therefore this
policy will be deleted as
proposed.
11
--~---_.-
3 . 9J-S.00S(6), s. 163.3194, F.S.
city Response (cont. )
Capital Improvements Element
Policy A-4.1 This policy will be retained
and amended as noted below:
The City shall continue with the impact fee
programs which it has established for water,
sewer and park facilities. The-amottnt-of-the
impact -fee -!Ihall -be -evalt2ated -a!l!le!l!led -for
eaeh --of --the!le --facilitie!l --and --!Ihall --be
ad;l1!1ted-bal!led-l1pon-detailed-!Itl1oie!l. [LDR's
Sections 5.3.1 ~ 5.3.4]
1nterqovernmental Coordination Element
Policy A-l.8 This policy will be retained
and amended as noted below:
The staff report prepared for any development
application or development activities
proposed in the Plan and provided to the
Local Planning Agency shall contain an
assessment of how the proposed activity may
affect the existing plans of any adjacent
local government. The--contents--of--ehi!l
policy -ah!lll-be -inclttded -in -the -revi!lion -of
the -local -development -regl1lation!l -which -are
reql1ired, -pl1r!ll1ant -to -the -Act, -within -one
year -following -!Il1bmi !I !I ion -of -the -Plan. (c7)
[LDR's Sections 3.3.4{G)]
12
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4. 9J-5.00S(6), s. 163.3202, F.S.
The proposed changes to Policies' A-2.3
(Conservation Element), B-4.3 (Public Facilities
Element) and B-1.2 (Future Land Use Element) defer
the adoption of land development regulations for
the protection of potable water wellfields until
"FY 91/91." This is inconsistent with s .
163.3202(2) (c), F.S. , which requires the City to
adopt or amend and enforce land development
regulations for potable water wellfield protection
within one year after submission of the
comprehensive plan (i.e., by June 1, 1990) .
Recommendation
The proposed amendments to delay the adoption date
of wellfield protection land development
regulations should not be adopted. Unless the
City immediately adopts or amends and enforces
land development regulations for wellfield
protection, the City may be subject to challenge
pursuant to Rule 9J-24, F.A.C. The corresponding
revisions to. part V, the schedule for plan
implementation, should not be adopted.
City Response
The City currently enforces the Palm Beach County
Well field Protection Ordinance ( PBCWPO) . This
policy refers to the City adopting more stringent
requirements by actually eliminating uses which
may involve regulated chemicals from the zoning
districts applicable to our wellfields. Since
regulation is present via the PBCWPO and total
elimination of potentially threatening uses from a
wellfield area via zoning is a locally chosen
option, we will proceed with adoption of this
policy amendment and implement said amended policy
accordingly. A copy of the PBCWPO and the City's
Land Development Regulations applicable thereto
are enclosed as ORC Response Support Documents #3
and #4.
13
5 . 9J-S.006(3) (c), ( b) 2 .
New Policy A-I. 6 of the Future Land Use. element
(page 11-7), concerning redevelopment, includes
the vague and tentative language "discouraged."
Revised Policy C-3.2 of the Future Land Use
Element (page 11-7.6), concerning redevelopment,
includes the vague and tentative language "should
explore."
Recommendation
Revise the policy to eliminate or define the vague
language.
Response
Policy A-l.6: This policy will be adopted in an
amended form as indicated below:
To encourage redevelopment of the City's
Central Business District, Future Land Use
Map amenqments to Commercial designations in
outlying areas of the City's Planning Area
shall not be accommodated.
Policy C-3.2: The language "should explore" will
be replaced/amended to read
"evaluate the potential for the" .
This activity is currently being
performed by the City's Central
Business District Parking Task
Team.
14
~ 'I'
,
6 . 9J-S.006(3)(c)S.,7., ( 4 )
The city proposes to delay the preparation of the
redevelopment area plans (Objective C-2 and
Policies C-2.4 - 2.9) ; however, the comprehensive
plan (page III-G-43) provides inadequate guidance
for development in redevelopment areas prior to
the completion of a specific redevelopment area
plan.
Recommendation
Revise the plan to provide specific interim
guidance for development in redevelopment areas
prior to completion of the redevelopment area
plans, including land use types and densities and
intensities. If mixed use future land use
categories are utilized, the plan also should
specify the relative proportion of each land use
type within flexible ranges.
City Response
,The purpose of redevelopment plans is to determine
the appropriate types, densities and intensities
of uses for the noted areas. To establish these
items without proper data and evaluation would be
contrary to good planning principals and theory.
In the interim, the Redevelopment Areas Future
Land Use Map designation description on page
III-G-43 provides guidance for development in
redevelopment areas. The City will adopt these
amended policies and strive to maintain the
schedule set forth therein, subject to budgetary
and personnel constraints. Also see the quote
from F.S. Chapter 163.3201 in response to
objection #3 on page 5 of this document.
15
--..,,---.--,....,--.
B. COMMENTS
1. The new language on page I-2 ( "There are an
additional 5 wells . . . standby" ) of the
amendments should be underlined. The new language
in Policy A-2.3 on page II-1 ("an amendment . . .
FY 91/92") should be underlined.
City Response: This has been corrected in the
Amendment 91-l adoption document.
2. Policy B-2.5 (Conservation Element) retains a
reference to Policy 8-2.1, although the City
proposes to delete Policy B-2.1.
City Response: Policy B-2.1 has been amended and
retained.
3 . According to page 11-8.1 of the amendments, the
City proposes to delete Policy A-5.2 of the
Capital Improvements Element because the policy
has been included in the land development
regulations. The policy implies the use of
vesting provisions that are inconsistent with s.
163.3167(8), F.S. , and the principles of equitable
estoppel. Any such provisions in the land
development regulations should be revised to be
consistent with above referenced Florida Statutes
and principles of common law.
City Response: The City will evaluate this
comment as it relates to its adopted Land
Development Regulations.
4. Consistent with the proposed deletion of Policy
A-1.1 of the Public Facilities Element (because
the corrective action is under construction and
almost complete), the identification of the
problem in the data and analysis should be
revised.
City Response: The reference to this item, the
first * on page III-B-S will be deleted in
Amendment 91-1 adoption document and the
Comprehensive Plan.
5. Page 11-7.6 indicates that Policy A-4.2 of the
Future land Use Element is being deleted, but the
correct reference is Policy C-4.2.
City Response: This has been corrected in
Amendment 91-1 adoption document.
16
~ .>l
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
A. OBJECTIONS
1. 9J-5.021
The proposed amendments are not compatible with
and do not further the following Treasure Coast
Comprehensive Regional Policy Plan goals and
policies:
Goal 8.2.1 (Protection of Water Resources), Policy
8.2.1.4, because the amendments delay protection
of potable water wellfields;
Goal 16.1.2 (Balanced and Planned Development),
because the plan does not provide adequate
guidelines for dev~lopment in redevelopment areas,
and the amendments delay preparation of
redevelopment plans; and
Goal 19.2.1 (Transportation to Aid Growth
Management) , because the amendments establish
level of service standards that are not compatible
to the maximum extent feasible with the FDOT
standards.
Recommendation
Revise the proposed amendments to be consistent
with the above referenced goals and policies of
the Treasure Coast Comprehensive Regional Policy
Plan.
City Response
Goal 8.2.1 Please see the response to
objection #4 on page 13 of this
document.
Goal 16.1. 2 Please see the response to
objection #6 on page 15 of this
document.
Goal 19.2.1' The City will not adopt the noted
amendment (Table T-4) and will
retain the existing Table which is
the Treasure Coast Regional
Planning Councils standards (ie.
FDOT) .
17
II. FUTURE LAND USE MAP AMENDMENTS
CONSISTENCY WITH RULE 9J-5, F.A.C., AND CHAPTER 163, F.S.
A. OBJECTIONS
1. 9J-5.006(4), (3)(c)2., 9J-5.010(3)(c)3.
Proposed Future land Use Map amendment 4 (Gwynn),
which allows the expansion of commercial uses into
existing residential neighborhoods, does not
provide for the compatibility of adjacent land
uses and the stabilization of neighborhoods,
consistent with Objective A-2 of the Future Land
use Element and Objective A-3 of the Housing
Element.
Recommendation
Revise or do not adopt the amendment to ensure the
compatibility of adjacent land uses and the
stabilization of neighborhoods.
City Response
The determination of incompatibility or
"intrusion" of land uses is more appropriately
addressed or determined on a case-by-case basis at
the local level. Many of the concerns of the
Department of Community Affairs are addressed by
various components of local Land Development
Regulations which are not a part of the
Departments review of Land Use Amendment requests.
Given landscaping requirements for buffering
between commercial and residential uses and the
purpose of the Residential Office (RO) Zone
District, the compatibility of uses is minimal if
measurable. The district regulations as defined
in the Land Development Regulations provide the
assurances sought by this objection. A copy of
this district is included as ORC Response Support
Document #5.
1e
"',
2. 9J-S.006(4), (3)(b)9., (c)S.
Proposed Future Land Use Map amendment 7 (Old
School Square Historic Arts District) designating
50 acres for "Other Mixed Use" does not provide
adequate guidelines for the implementation of this
mixed use district.
Recommendation
Revise the amendment to provide guidelines for the
implementation of this mixed use district,
including the land use types allowed, their
densities or intensities, the relative proportion
(percentage) of each land use type within flexible
ranges, and compatibility requirements. Densities
and intensities appropriate to each' type of land
use (residential and nonresidential) must be
included.
City Response
The purpose and intent of the Old School Square
Historic Arts District (OSSHAD) is to provide for
mixed uses of residential, office, and arts
related commercial activities that will encourage
the restoration or preservation of historic
structures and maintain the historic and
pedestrian scale of the Old School Square Historic
District. The amended language for the Other
Mixed Use description in the Future Land Use
Element as proposed on page 1-8 of Amendment 91-1
and the district regulations as defined in the
Land Development Regulations should amply address
this objection. However, the Other Mixed Use
description is amended further, as indicated
below. A copy of the OSSHAD District is included
as ORC Response Support Document 16.
Other Mixed Use: There is not a designation
for this category. However, such areas are
generally noted by the more general
boundaries of the land use designations. An
example would be the accommodation of a future
park. site or retention of open space in a
development proposal. There are no
incentives such as are provided in the
L.S.M.U. category. Land which is
appropriately developed under an "other mixed
use" approach can be processed as a Special
Activities District (SAD), through a Planned
Development approach (PRD, PCC, etc. ) throuqh
other specially created mixed use districts
such as the Old School Square Historic Arts
District (OSSHAD), or through application of
19
"-~.,,,'..
individual zoning districts (part RM, part
CF, part OS, etc.), or through application of
individual zoning districts not having to be
congruent with the designation of the Future
Land Use Map, provided that the Local
Planning Agency finds the development to be
compatible with adjoining properties.
Specially created mixed use districts such as
the Old School Square Historic Arts District
shall be created throuqh the addition of a
zone district to the City's Land Development
Requlations. Special Activities Districts
zone districts shall be created throuqh the
adoption of a zoninq ordinance. Such
districts and zoning ordinance (SAD's) shall
provide specific quidelines. for the
implementation of this mixed use district,
includinq the land use types allowed, thltir'
densities or intensities, the relative
proportion (percentaqe) of each land use type
within flexible ranqes, and compatibility
requirements. Densities and intensities
appropriate to each type of land use
(residential and nonresidential) must be
included.
Existinq zoninq requlations shall establish
the land use types allowed, their intensities
and densities, the relative proportion of
each land use and compatibility for other
mixed use's created throuqh the application
of individual zoning districts. However, the
specific boundaries of the existing zoninq
districts need not be adhered to in the
development and approval of a site and
development plan. Assurance that these items
are addressed will be throuqh the standards
for site plan actions, Section 3.3.3 of the
City's Land Development Requlations.
In addition, a new policy, Policy A-S. 12 is added
to the Future Land Use Element as follows:
By June 1992, the City shall amend the . Old
School Square Historic Arts District (OSSHAD)
to specify the densities or intensities of
allowed uses and the relative proportion
(percentaqe) of each land use type within
flexible ranqes.
The City is presently preparing an amendment to
the OSSHAD District and this item will be
included.
20
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3 . 9J-5.006(4), (2) (b), 9J-5.005(5)
Proposed Future Land Use Map amendments 8. and 9
(Conservation Parcels #1 and #2) to redesignate
two parcels from Conservation (Recreation and Open
Space "C") to Recreation and Open Space are not
supported by an analysis of the suitability of the
sites for the proposed land use designation.
Further, since the Future Land Use Map lists
several categories of "Recreation and Open Space,"
it is unclear which designation is being proposed.
Amendment 9 is inconsistent with Policy 8-1.1 of
the Conservation Element which states that the
public area along I-95 west of the Tropic Palms
subdivision shall be designated for Conservation.
Recommendation
Amendment 9 should not be adopted. If Amendment 8
is adopted, clarify the proposed Future Land Use
Map designation and support the designation with
an analysis of the suitability of the site for the
designation. See page 8 of the enclosed comments
from the Treasure Coast Regional Planning Council.
City Response
Amendment #8 will be adopted, with the new Future
Land Use Map designation being' Open Space and
Recreation. The difference between this
designation and the previous designation is that
the "c" Conservation restriction has been lifted.
Under the "c" designation the only allowable
zoning was Open Space (OS) . The change in FLUM
designation allows that the property may also be
zoned Agricultural (A) or Community Facilities
( CF) . As the property is privately owned, not
publicly as originally believed, this will allow
the property owner some use of the property under
the Agricultural zoning. There are no wetlands on
this site and the area is vacant except for a few
scattered trees and shrubs of no significant type
or quantity. A copy of the Agricultural zoning
district is enclosed as ORC Response Support
Document #7.
Amendment # 9 will be adopted, with the new Future
Land Use Map designation being Open Space and
Recreation. The difference between this
designation and the previous designation is that
the "C" Conservation restriction has been lifted.
The affected property contains a large improperly
designed drainage ditch which does not accomplish
its initial purpose, but is in fact a large dry
21
.-.--""
depression. The City may need to redesign the
drainage in this area and utilize a portion of
this property. This activity would not be allowed
under the present Open Space & Recreation - "C"
(Conservation) designation. The City's
Conservation zoning district allows no disturbance
of a property so designated except for those
necessary to promote and maintain the existing
habitat, or educational purposes under the
auspices of a public agency. To support this
amendment, the City will also eliminate the
reference to this area in Objective B-1. As a
part of Amendment 92-1, the City will research the
ownership of all of those parcels adjacent to
Interstate 95 which are currently identified on
the Future Land Use Map as Open Space or
Conservation and prepare Future Land Use
amendments appropriate.
22
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CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
A. OBJECTIONS
1. 9J-5.021
The proposed amendments are not compatible with
and do not further the following State
Comprehensive Plan (section 187.201, F.S. ) goals
and policies:
Goal 16 (land Use), Policy 3, because amendment 4
does not provide for compatibility of adjacent
land uses, and amendment 7 is not supported by
adequate guidelines for the mixed use district;
and
Goal 10 (Natural Systems), policy 1, because
amendments 8 and 9 are not supported by an
analysis of the suitability of the sites for the
proposed designation, and amendment 9 is
inconsistent with adopted objectives and policies
in the plan.
Recommendation
Revise the proposed amendments to be consistent
with the above referenced goals and policies of
the State Comprehensive Plan.
City Response
Goal 16, Policy 3 Amendment #4, Please see the
response to Future Land Use
Map Amendment Objection # 1 on
page 18 of this document.
Amendment #7, Please see the
response to Future Land Use
Map Amendment Objection # 2 on
page 19 of this document.
Goal lO, Policy 1 Amendment #8, Please see the
response to Future Land Use
Map Amendment Objection # 3 on
page 21 of this document.
Amendment #9, Please see the
response to Objection #3 on
page 21 of this document.
23
CONSISTENCY WITH THE COMPREHENSIVE REGIONAL POLICY PLAN
A. OBJECTIONS
1. 9J-5.02l
The proposed amendments are not compatible with
and do not further the following Treasure Coast
Comprehensive Regional Policy Plan goals and
policies:
Goal 16.1.2 (Balanced and Planned Development),
because amendment 4 does not provide for
compatibility of adjacent land uses, and amendment
7 is not supported by adequate guidelines for the
mixed use district; and
Goal 16.2.1 (Natural Resources Preservation),
Policies 16.2.1.1 and l6.2.l.2, because amendment~
8 and 9 are not supported by an analysis of the
suitability of the sites for the proposed
designation, and amendment 9 is inconsistent with
adopted objectives and policies in the plan.
Recommendation
Revise the proposed amendments to be consistent
with the above referenced goals and policies of
the Treasure Coast Comprehensive Regional Policy
Plan.
City Response
Goal 16.1.2 Amendment #4, Please see the
response to Future Land Use Map
Amendment Objection * 1 on page 18
of this document.
Amendment #7, Please see the
response to Future Land Use Map
Amendment Objection # 2 on page 19
of this document.
Goal 16.2.1 Amendment #8, Please see the
response to Future Land Use Map
Amendment Objection # 3 on page 21
of this document.
Amendment #9, Please see the
response to Objection #3 on page 21
of this document.
24
11.10
OTHER CHANGES TO THE COMPREHENSIVE PLAN
NOT PREVIOUSLY SUBMITTED AS A PART OF AMENDMENT 91-1
1- Amendments to the Future Land Use Map
A. A part of D.B.O. Acres
Current Land Use designation: Industrial
Proposed Land Use designation: General Commercial
The proposed amendment to D.B.O. acres affects a
.70 acre strip of land (62.42' x 488.51') which is
a portion of Lot 3 (3.94 acres), of the D.B.O.
Acres Plat (5.724 acres). This amendment corrects
a scriveners error in the Future Land Use Map.
The subject property is and has been under one
ownership and the area of the plat is zoned
Industrial ( I ) and Planned Commerce ( PC) . The
abutting property to the south is developed as a
large multi-bay industrial warehouse, to the east
is railroad right-of-way, to the west of the plat
is general commercial (a Costco) and to the north
is Linton Boulevard, a major arterial which
separates the site from an industrial area
containing self storage and automotive related
uses.
25
SIZE: .70 acres
LOCATION: South of Linton Boulevard between S.E. 4th Avenue and the F.E.C. Railroad
EXISTING USE: Vacant
EXISTING LAND USE DESIGNATION: Industrial
ADJACENT LAND USE DESIGNATIONS: See large Future Land Use Map
PROPOSED LAND USE DESIGNATION: General Commercial
A V AILABILlTY AND DEMAND ON PUBLIC FACILITIES:
(Sanitary Sewer, Solid Waste, Drainage, Potable Water,
Traffic Circulation and Recreation)
No additional demand upon public facilities
should occur as a result of this change.
COMP A TIBILITY OF CHANGE WIlli LAND USE ELEMENT, OBJECflVES
AND POLICIES OF THE PLAN:
There are no conflicts with existing comprehensive plan elements
goals, objectives or policies; nor with any amendments proposed herein.
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BOUlLVARD
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ORC RESPONSE SUPPORT DOCUMENTS
1. Palm Beach County Trafficways Map
2 . Memorandum from Victoria Johnson, Planner II to
David Kovacs, Director of Planning and Zoning;
August 23, 1990; Group Home and Substance Abuse
Treatment Facility Land Development Regulations.
3 . Palm Beach County Wellfield Protection Ordinance
4. City of Delray Beach Land Development Regulations
references to item #2 above. [Sections 3.3 and
4.S.5(B)]
5 . City of Delray Beach Residential Office (RO) Zone
District, Land Development Regulations Section
4.4.17.
6 . City of Delray Beach Old School Square Historic
Arts District (OSSHAD) Zone District, Land
Development Regulations Section 4.4.24.
7 . City of Delray Beach Agriculture (AG) Zone
District, Land Development Regulations Section
4.4.1.
8. City of Delray Beach Conservation (CD) Zone
District, Land Development Regulations Section
4.4.23.
26
~ ,I.
.
-
MEMORANDUM
TO: HAYOR AND CITY COMMISSIONERS
, .A
F R0!1 : CITY 1"'.ANAGER (,tj- !
SUBJECT: AGENDA ITEM # 12 -a - MEETING OF SEPTEMBER 24, 1991
ORDINANCE NO. 69-91
DATE: September 20, 1991
This is a first reading of an ordinance rezoning property located on
the east side of 1-95 between Audubon Boulevard, if extended west and
the C-15 Canal, known as the 1-95 Conservation Parcel from RR (Rural
Residential) zone district to OS (Open Space) zone district. This
action is in conjunction with adoption of Comprehensive Plan Amendment
91-1.
The Planning and Zoning Board formally reviewed this item at its
public hearing in April and recommended approval.
Recommend approval of Ordinance No. 69-91 on first reading.
p~ 5-0
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-
--_.._-~_..,,--~
- .
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ORDINANCE NO. 69-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RR (RURAL RESIDENTIAL) DISTRICT IN OS
(OPEN SPACE) DISTRICT; SAID LAND LYING ALONG THE EAST
SIDE OF INTERSTATE 95 BETWEEN AUDUBON BOULEVARD AND
THE C-15 CANAL, 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 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 OS (Open
Space) District as defined in Chapter Four of the Land Development
Regulations of Delray Beach, Florida, to-wit:
The South 3/4 of the Southeast One-Quarter (S.E. 1/4)
lying _ East of the Seaboard Airline Railroad
Right-of-way (Less I-95 Right-of-way and the South 120
feet) lying in Section 30, Township 46 South, Range 43
East, Palm Beach County, Florida.
The above described parcel contains an 8.76 acre
parcel of land, more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective 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.
MAYOR
ATTEST:
City Clerk
First Reading
. Second Reading
~ .1.
. ~
C I T Y COM MIS S ION DOC U MEN TAT I ~ N
TO: ~Y~D HARDEN, ~ITY MANAGER
~ )C . \ t.l.,~J:" r
FROM: D'AvID\. J. \ KWA~~; DIRE'cTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 24, 1991
REZONINGS ASSOCIATED WITH COMPREHENSIVE PLAN 91-1
ACTION REQUESTED OF THE CO~ll1ISSION:
The action requested of the City Commission is that of
approval of three ordinances which enact specific rezonings
which are associated with changes to the Future Land Use Map
\vhich are being approved as a part of Comprehensive Plan
Amendment 91-1.
BACKGROUND:
The associated rezoning actions are:
1. Parcel along 1-95 (Palm Beach County) from RR to OS (City
Initiated) .
2. Gwynn property, north of George Bush Boulevard, from RM to
RO.
3. Delray Town Center, Phase II, from PC-S to PC and OS.
Each of these rezoning actions requires a separate ordinance.
Formal public hearings with neighborhood notice were conducted by
the Planning and Zoning Board in ~pril concurrently with
consideration of the associated Future Land Use Map Amendments.
For each City initiated rezoning, the affected property owner
must receive special notice 30 days prior to the public hearing
which 1S held concurrent with second reading. That hearing date
has been set for October 8th and notices have been provided. For
those rezonings which were initiated by the property owner, the
special 30 day notice is not required.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed these items at
its public hearing in April. At that time, they recommended
denial of the Gwynn request and approval of the others.
Subsequently, the City Commission proceeded with the Gwynn land
use map amendment (Residential to Transitional); thus,
accorrmodating this rezoning action.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROH: CITY t-1ANAGER trv 1
SUBJECT: AGENDA ITEM #I~~ - MEETING OF SEPTEMBER 24, 1991
ORDINANCE NO. 70-91
DATE: September 20, 1991
This is a first reading of an ordinar.ce rezoning property located on
the east side of N.E. 8th Avenue approximately 150 feet north of N.E.
8th Street, known as the Gwynn property from RM (Medium Density
Residential) zone district to RO (Residential Office) zone district.
This action is in conjunction with adoption of Comprehensive Plan
Amendment 91-1.
The Planning and Zoning Board formally reviewed this item at its
public hearing in April and recommended denial. Subsequently, the
Commission proceeded with the Gwynn land use map amendment
(Residential to Transitional) i thus, accommodating this rezoning
action.
Recommend approval of Ordinance No. 70-91 on first reading.
p~ y +0 I
( A-nOe8..VS
diSS€-n..J-; OJ )
~ ;1'
ORDINANCE NO. 70-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT IN RO (RESIDENTIAL OFFICE) DISTRICT; SAID
LAND BEING THE SOUTH 1/2 OF LOT 4 AND ALL OF LOT 3,
BLOCK 4, SOPHIA FREY SUBDIVISION, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 37, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 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 RO
(Residential Office) District as defined 'in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
The South 1/2 of Lot 4 and All of Lot 3, Block 4,
Sophia Frey Subdivision, according to the Plat thereof
as recorded in Plat Book 4, Page 37 of the Public
Records of Palm Beach County, Florida.
The above described parcel contains an 0.28 acre
parcel of land, more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective irrune-
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:
1
City Clerk
First Reading
. Second Reading
~ ...
MEMORANDUM
TO: MAYOR AND CITY CONNISSIONERS
FROM: CITY MANAGER {,7v1
SUBJECT: AGENDA ITEM # \2..1> - MEETING OF SEPTEMBER 24, 1991
ORDINANCE NO. 71-91
DATE: September 20, 1991
This is a first reading of an ordinance rezoning property located on
the north side of Linton Boulevard, approximately 630 feet east of
Military Trail, between the Shadywood subdivision and Delray Town
Center Phase I from PC-S (Planned Commercial Specialized) zone
district to PC (Planned Commercial) zone district in part and OS (Open
Space) zone district is part. This action is in conjunction with
adoption of Comprehensive Plan Amendment 91-1.
The Planning and Zoning Board formally reviewed this item at its
public hearing in April and recommended approval.
.1\\
Recommend approval of Ordinance No. '"jIo&- 9 1 on first reading.
p~ IS+ ~ 5-0
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-
ORDINANCE NO. 71-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PC-S (PLANNED COMMERCIAL SPECIALIZED)
DISTRICT IN PC (PLANNED COMMERCIAL) DISTRICT, IN PART,
AND OS (OPEN SPACE) DISTRICT, IN PART; SAID LAND BEING
ALL OF PARCEL 2, ACCORDING TO THE PLAT OF DELRAY TOWN
CENTER, AS RECORDED IN PLAT BOOK 65, PAGES 189 AND
190, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; 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 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 PC
(Planned Commercial) District, in part, and OS (Open Space) District, in
part, as defined in Chapter Four of the Land Development Regulations of
Delray Beach, Florida, to-wit:
All of Parcel 2, according to the Plat of Delray Town
Center as recorded in Plat Book 65, Pages 189 and 190
of the Public Records of Palm Beach County, Florida.
The above described parcel contains a 9.676 acre
parcel of land, more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
. Second Reading
~ Ii'
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER /711
SUBJECT: AGENDA ITEM # 12.e - MEETING OF SEPTEMBER 24, 1991
ORDINANCE NO. 72-91
DATE: September 20, 1991
This is a first reading of an ordinance amending the Five Year
Schedule of Capital Improvements, Table IV-3 of the Comprehensive
Plan. Attached as backup material for this item are the current and
proposed Five Year Capital Improvement Schedules of the Comprehensive
Plan. Background on many of the changes can be found in the
Director's Report with regard to compliance of the proposed budget
with the Comprehensive Plan, which is elsewhere on your agenda for
action.
Recommend approval of Ordinance No. 72-91 on first reading.
- Uo~ c.onSjOEe~o -
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~VID HARDEN, CITY MANAGER
\ ,(J~Q'
4/ \..... U (1 <;--
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 24, 1991
ORDINANCE AMENDING TABLE IV-3 OF THE COMPREHENSIVE PLAN
(FIVE YEAR CAPITAL IMPROVEMENT SCHEDULE)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an Ordinance which amends that
portion of the Comprehensive Plan which contains the 5-Year
Capital Improvement Schedule.
F.S. 163.3187(2) provides, in part, that corrections,
updates, or modifications of current costs which were set
out as part of the Comprehensive Plan shall not, for the
purposes of this act, be deemed to be amendments.
Part V.B.4.b. of our Comprehensive Plan requires that such
changes be done by an ordinance.
BACKGROUND:
In reviewing the proposed Budget for FY 91/92, progress made on
various Capital Improvement projects, and implications of our efforts
to "clean-up" outstanding bond obligations it became apparent that
some changes also need to be made to the 5-Year Capital Improvement
Schedule as contained in Part IV of the Comprehensive Plan. It is
appropriate that the Schedule and the Capital Improvement portion of
the Budget coincide.
Attached you will find both the current and the proposed Five
Year Capital Improvement Schedules 1. e. Table IV-3 of the
Comprehensive Plan. Background on many of the changes is found
in the Director's Report re compliance of the proposed Budget
with the Comprehensive Plan. Other background has been reviewed
by the City Commission concurrent with activities such as
reallocation of the 1987 Utility Tax Bond and work on the 1991
Water/Sewer Revenue Bond Program.
~ ,"
City Commission Documentation
Ordiance Amending Table IV-3 of the Comprehensive Plan
(Five Year Capital Improvement Schedule)
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally addressed the need to
amend the Five Year Capital Improvement Schedule at its meeting of
September 16th. However, the Board did not specifically review the
revised Table IV-3. The Board will review the Table at its September
26th. work session.
RECOMMENDED ACTION:
By motion, approval of this ordinance on first reading
Attachment:
* Current and Proposed 5-Year Capital Improvement Schedules
DJK/#85/CCCIP
--.--
ORDINANCE NO. 72-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TABLE IV-3 OF THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN, THE FIVE YEAR
CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS GREATER THAN
$100,000; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, F.S. 163.3187(2) provides that corrections, updates,
or modifications of current costs which were set out as part of the
Comprehensive Plan shall not, for the purposes of this act, be deemed to
be amendments (to a comprehensive plan); and,
WHEREAS, Table IV-3 of the City of De1ray Beach Comprehensive
Plan provides the Five year Capital Improvements Schedule for Projects
Greater than $100,000; and,
WHEREAS, during preparation of the Annual Budget for Fiscal
Year 91/92, the City was provided with current information regarding
costs and progress on capital improvement projects which were and are a
part of the City's Comprehensive Plan; and,
WHEREAS, upon review of the proposed Annual Budget by the
Planning and Zoning Board, acting as the Local Planning Agency, said
Board determined that changes should be made to the Five Year Capita I
Improvement Schedule to reflect current information; and,
WHEREAS, Part V of the City's Comprehensive Plan provides that
such changes shall be accomplished by an ordinance and that such
modifications shall normally be considered concurrent with the annual
budget process with the enacting ordinance heard and acted upon
concurrently with the adoption of the budget; and,
WHEREAS, the Annual Budget for FY 91/92 is currently before
the City Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, AS FOLLOWS:
Section 1. That Table IV-3, Five Year Capital Improvements
Schedule for Projects Greater than $100,000, is amended by replacement,
in its entirety by Exhibit "An, attached hereto.
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 or the remainder hereof as a whole
.,.
-----.--- ------ - ---- -----~-- ,
~ -I'
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PASSED AND ADOPTED in regular session on second and fi na 1
reading on this the 8th. day of October, 1991
MAY 0 R
ATTEST:
city Clerk
First Reading: September 24, 1991
Second Reading: October 8, 1991
- 2 -
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G.O. BOND (DECADE OF EXCELLENCE BOND) **
-
EXPLANATION OF CHANGES
Central Fire Station (Fire Station#l) Rescheduling *
Fire Station #3 and #4 Rehab No Change
Fire Station#5 Rescheduling *
Pompey Park Rescheduling *
Lighting of Ballfields Rescheduling *
Miller Field Rescheduling *
Municipal Golf Course Based on Contract
Cost
Veteran's Park Rescheduling *
Old School Square Rescheduling
(Project in Process)
Currie Commons Park No Chang~
Central Community Center No Change
Old School Square Area Redevelopment Rescheduling and
Redefinition of
Needs
Spady Access Improvements Rescheduling *
Sidewalks (programmed) Rescheduling
and Contract Cost
S. W. 10th St. Reconstruction Rescheduling *
CaD Alleyway Reconstruction Rescheduling *
Street Reconstruction Projects, Phase I Rescheduling *
N.W. Drainage Project Rescheduling *
Lowson Drainage Complete
S.E. 1st St. Drainage Complete
Beautification Projects
Swinton Avenue Rescheduling *
Atlantic, I-95 to Swinton No Change
Atlantic, 1-95 to Military Trail Rescheduling to
Coincide w/
Road Widening
Barwick Road No Change
Atlantic east of Intracoastal Waterway No Change
Footnotes:
* Rescheduling due to delay in staff expansion, expect to be
back on schedule.
** Previous to FY 91/92, $5,019,000 in
expenditures/encumbrances were made to fulfill bond.
JW/#3/CIP1.TXT
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P{Jsseo 4 -1-0 I (/}r)IJe&uS
MEMORANDUM d'SS"E/)71rJ9 )
Comes BFCL.. on 10 1~9
TO: MAYOR AND CITY COMMISSIONERS LA-i!M P-t-2 ~VlfrU)
FROM: CITY MANAGERtt1 ~C- c;2."o eel/PH
SUBJECT: AGENDA ITEM#/~ t:-- MEETING OF SEPTEMBER 24, 1991
ORDINANCE NO. 73-91
DATE: September 20, 1991
This is a first reading of an ordinance rezoning property located on
the southeast corner of Linton Boulevard and S.W. 4th Avenue (D.B.O.
Acres plat) from PC (Planned Commercial) zone district to AC
(Automotive Commercial) zone district in part and GC (General
Commercial) zone district in part.
This parcel has a long development history. In July of 1988 the
parcel was annexed into the City with initial zoning of GC (General
Commercial) . In September and October 1988, respectively, the
Commission approved a site plan for a Kentucky Fried Chicken
Restaurant and. Exxon Service Station. In March 1989, the Commission
approved a final plat for the entire 5.72 acres parcel, which
contained three lots, with Lot 3 being allocated for future office
use.
Subsequently, during the Citywide rezonings associated with the
adoption of the Land Development Regulations, this parcel was rezoned
from GC (General Commercial) to PC (Planned Commercial). The reason
for PC zoning was that the site had a general "master plan" and it was
desired that Lot 3 be developed for a single use. The applicant is
now requesting that the parcel be rezoned from PC to GC and AC, \-lith
Lot 3 and subsequently being subdivided into four separate lots.
The development proposal is to seek a rezoning of approximately 4.68
acres from PC to GC and .80 acres from PC to AC. The 4.68 acres
includes the existing Exxon Station , the Kentucky Fried Chicken, and
a portion of Lot 3. The accompanying sketch plan shows three, 3,000
square feet, fast food restaurants on that portion of Lot 3 proposed
for GC zoning. The balance of Lot 3 is to go from PC to AC to support
a 6,435 square foot Tire Kingdom Store.
Concerns with the requested zoning change relate to two specific
areas. The first being the effect of removing the minimum building
size with the adoption of GC and AC zoning designations. Removal
would allo\-l development of smaller buildings and given the
configuration of the parcel, development of strip commercial uses
contrary to Land Use Policy A-l.3.
The second concern is the effect of the traffic associated with the
increased development potential of GC or AC zoning.
The Planning and Zoning Board at their September 16th meeting
recommended denial of the rezoning.
Recommend consideration of Ordinance No. 73-91 on first reading.
M,n
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ORDINANCE NO. 73-91 ~\
AN ORDINANCE OF THE CITY COMMISSION OF ~HE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND LACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) ISTRICT IN GC
(GENERAL COMMERCIAL) DISTRICT, IN PART, AND AC (AUTO
RELATED COMMERCIAL) DISTRICT, IN PART; SAID LAND BEING
LOTS 1, 2, 3 AND TRACT "B", DBO ACRES, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 63, PAGE 13 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 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 GC
(General Commercial) District, in part, and AC (Auto Related Commercial)
District, in part, as defined in Chapter Four of the Land Development
Regulations of Delray Beach, Florida, to-wit:
Lots 1, 2, 3 and Tract "B", DBO Acres, according to
the Plat thereof recorded in Plat Book 63, Page 13 of
the Public Records of Palm Beach County, Florida.
The above described parcel contains a 5.481 acre
parcel of land, more or less.
The subject property is located on the south side of
Linton Boulevard between S.W. 4th Avenue and the
Florida East Coast (FEC) Railroad, Delray Beach,
Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
.
Second Reading
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
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FROM: D :ru J. KOVACS, DIRE-
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 24, 1991
ORDINANCE REZONING D.B.O. ACRES FROM PC TO GC AND AC
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a rezoning ordinance affecting D.B.O. Acres by
changing designations from PC to GC and AC.
D.B.O. Acres is comprised of approximately 5.5 acres and is
located on the south side of Linton Boulevard between the
F.E.C. Railway and S.W. 4th Avenue.
BACKGROUND:
Please refer to the attached Planning and Zoning Board staff
report for a full discussion of this application. The bottom
line of this rezoning request is that the 6,000 sq. ft. minimum
floor area requirement (per building) would no longer apply; thus
allowing development of some uses (e.g. fast food and drive
through restaurant) which otherwise would not be accommodated.
Also, the AC portion of the request would accommodate a Tire
Kingdom business.
Significant concerns include:
* intensity of site usage and resulting general increase
in traffic along Linton Boulevard.
* median opening location and impact upon existing
businesses to the north (again a factor of intensity of
traffic) .
* queueing length along S.W. 4th Avenue and congestion
associated therewith.
* conflict with Land Use Policy through which additional
strip commercial development is to be avoided.
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City Commission Docmentation
Ordinance Rezoning D.B.O. Acres from PC to GC and AC
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 16, 1991. There was considerable discussion
and presentation by the project agent. Agreements were put forth
as to a valid reason for the rezonings and as to .why the
resulting development would not constitute strip commercial
development.
A motion to recommend approval failed on 2-5 vote (Kellerman and
Parker in the minority). Thus, the petition comes before the
City Commission without a recommendation for approval.
The project agent stated that an alternative consideration of
rezoning only the eastern portion to AC would be acceptable;
however, there was no further action taken by the Board.
RECOMMENDED ACTION:
By motion, DENIAL of this Ordinance on First Reading based upon
the failure to obtain a recommendation of approval (rejection of
argument that a valid reason for the rezoning was presented) or
a determination of consistency (conflict with Section 3.3.2 of
the LDRs) with the Comprehensive Plan from the Planning and
Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of September 16, 1991
DJK/#85/CCDBO.TXT
PLANNING & ZONING BOARD
CITY OF' DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE: September 16, 1991
AGENDA ITEM: IV.A
ITEM:
Rezoning from PC to GC and ACt D.B.a. Plat
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~tNERAL DA T A.:
Owner......... .,. ... ......... ...Oan Burns Oldsmobile, Inc.
and Jaun Cavilan
Agent...........................Xieran J. Xilday and
Location.. ......................On the south side of Linton
Bouievard between S.W. 4th Avenue
and the Florida East Coast
(F.E.C.) RaIlroad.
Property Slze...................5.48l Acres
City Land Use Plan..............General Commercial and
Industrial
Current Zonlng..................PC (Planned Commercial)
Adjacent Zoning.................Land to the north of the subject
property is zoned MIC (Mixed
Industrial' Commercial) and
I (Industrial), to the south is
I (Industrial), and to the
east and west Is PC.
Proposed Zoning.................GC (General Commercial) and
AC (Auto Related Commercial).
Existing Land Use...............Gas station/convenience store,
fast food restaurant and vacant.
Proposed Land Use.............. . Exlst'lng buIldings remain as Is.
and addition of three "fast-food"
establIshments. and an automotive
servIce shop.
Water Service...................Existing 8" water main runs along
the north, east and most of the
south side of the subject
property.
Sewer Service...................Existing 8" sanitary sewer line
runs along utility road in the N.A
southwest corner of the property,
into parcel '3.
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ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on a
proposed Rezoning from PC (Planned Commercial) to GC (General
Commercial) and AC (Auto Commercial).
The subject property is located on the south side of Linton
Boulevard between S.W. 4th Avenue and the FEC Railway.
BACKGROUND:
In July 1986, the 5.724 acre parcel was before the Planning and
Zoning Board for assignment of City Land Use Designation to
County parcels which where in the the City's planning areas. The
Board recommended a change for this parcel f~om the County
designation of LI (Light Industrial) to City designation of 0
(Office) .
The City Commission heard the proposal on August 12, 1986, and
sent it to the State for a 90 day review period. On December 2,
1986, the City Commission considered Ordinance No. 105-86 on
first reading (Land Use change from LI to 0) and deferred action.
On December 16, 1986 a replacement Ordinance No. 164-86 to change
the land use from County (LI) to (C) Commercial was considered
and passed on second reading December 30, 1986.
On May 16, 1988 the Planning and Zoning Board recommended
approval of a voluntary annexation with initial zoning of GC
(General Commercial). The City Commission approved the request on
July 12, 1988 via Ordinance No. 55-88. On September 19, 1988 the
Planning and Zoning Board recommended approval of the DBO acres
preliminary plat containing three lots. At that same meeting
recommendations of approval of site plans were forwarded to the
City Commission for an Exxon Station (Lot 1) and Kentucky Fried
Chicken (Lot 2).
The City Commission approved the site plan on Kentucky Fried
Chicken on September 27, 1988 and the Exxon site plan on October
11, 1988.
The final plat for the entire 5.72 acres, containing three lots,
(Lot 3 was allocated for future office use) was recommended for
approval on November 21, 1988 by the Planning and Zoning Board.
The final plat was approved by the City Commission on March 28,
1989.
During the Citywide rezonings associated with the adoption of the
LDR's in September, 1990, the parcel was rezoned from GC (General
Commercial) to PC (Planned Commercial). The reason for PC zoning
was that the site had a general "master plan" and it was desired
that Lot 3 be developed for a single use. The applicant is now
requesting to rezone the parcel from PC to GC and AC and
subsequently, subdivide Lot 3 into 4 separate lots.
P&Z Staff Report
DBO Acres
Page 2
PROJECT DESCRIPTION:
The development proposal is to seek a rezoning of approximately
4.68 acres from PC Planned Commercial to GC General Commercial
and .80 acres from PC to AC. The 4.68 acres includes the
existing Exxon Station (Lot 1), the Kentucky Fried Chicken (Lot
2) and a portion of Lot 3. The accompanying sketch plan shows
three 3,000 sq. ft. fast food restaurants on that portion of Lot 3
proposed as Ge. The balance of Lot 3 (.80 acres) is to go from
PC to AC (Automobile Commercial) to accommodate a 6,435 sq. ft.
Tire Kingdom store.
ZONING ANALYSIS:
The current zoning designation for the entire parcel is PC
Planned Commercial. When this designation was affixed to the
parcel in September, 1990 it was noted that the proposed Exxon
(lot 1) and KFC (lot 2) would be nonconforming with respect to
the required minimum building size (6,000 sq.ft.). The PC
designation was given to the entire parcel to ensure the balance
of the site would be a unified development with large buildings,
common access and internal circulation patterns. The proposed
zoning change to GC would remove restrictions on minimum lot
sizes and minimum building sizes thereby allow development of
several small individual lots with smaller buildings. Further,
given the depth of the property, this development potential would
lead to the creation of strip commercial uses.
The proposed AC zoning change, while carrying a similar lot size
restriction as the PC (10,000 sq.ft.), does not have minimum
building sizes. Rezoning would promote development of a small
lot and smaller building than may be considered if the entire
property was to be developed under a unified PC zoning
designation. Further, the AC district is restrictive in terms of
land use. Given the proposed parcel size, only auto repair, auto
parts sales, and/or speculative service shops could be
accommodated.
Concerns over common access are controlled by the recorded plat
through a limited access easements. Though a replat must be
provided for the subdivision of Lot 3 the conceptual plan retains
previous access restrictions. The accompanying sketch plan also
provides shared internal circulation via extension of the
existing ingress/egress easement provide along the south property
line across Lots 1 and 2.
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.
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P&Z Staff Report
DBO Acres
Page 3
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 accompanying sketch plan includes the existing gasoline
station, an existing fast food restaurant, 3 future fast food
restaurants lots to be zoned GC and a tire store parcel to be
zoned AC. The existing gasoline station as well as the existing
and proposed restaurant uses are allowed in the GC (General
Commercial) zoning district. The Tire Kingdom use (specialty
service shops) is allowed as a conditional uses in the AC (Auto
Commercial) zoning district. The GC and AC zoning districts are
consistent with the underlying General Commercial land use
designation.
In reviewing the land use designation for the property a drafting
error in the land use designation was uncovered. A 62' strip
along the south boundary of the parcel is indicated on the Land
Use Map as LI (Light Industrial). As the entire property was
under single ownership and zoned PC to promote a unified
development it is clearly a scrivener's error. The Land Use Map
will be amended when changes are made with the adoption of
Amendment 91-1.
Concurrency:
Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided
pursuant to levels of service established within the
Comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (traffic), drainage, open space (parks), and solid
waste, concurrency shall be determined by the following:
* The improvement is in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreemen~ or similar instrument, and there is a
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital
improvement budget; it has been designed; and a contract for
installation has been solicited.
:P&Z Staff Report
DBO Acres
Page ,.4
Water:
Water exists to the site via main extensions constructed with
development of Lots 1 and 2 (Exxon and KFC) An 8" main has been
extended along Linton Boulevard and south along the east property
line. The water main then connects into an existing main in the
industrial park to the south. Fire hydrants were provided with
the water main extension. With the proposed development,
additional fire hydrants may be required to meet spacing
requirements. Water service will be provided by lateral
extensions from the main.
Sewer:
With the development of the Exxon Station on Lot -1 a lift station
was constructed at the southwest corner of the site. An 8" main
was extended east and stubbed out at the east end of lot 2.
Additional development on Lot 3 will be required to further
extend the main to the east.
Drainaqe:
Drainage will be accommodated by exfiltration trenches with
overflow runoff into inlets along Linton Boulevard. No problems
are anticipated.
Streets and Traffic:
The previous concept plan contained the Exxon Station, KFC and
44,233 sq. ft. of office space. This concept plan generated a
total of 4,107 trips. The proposed concept plan contains the
Exxon Station, KFC, three 3,000 sq. ft. fast food restaurants and
a 6,435 sq. ft. tire store generating a total of 9,195 trips.
This represents a total increase of 5,088 trip. The L.O.S. for
the impacted roadways is not exceeded. However the following
roadway improvements on the surrounding roadway are requires.
Median opening Linton Boulevard: The existing median opening for
westbound Linton Boulevard traffic is located approximately 375'
west of the F.E.C. railroad. This median opening is
nonconforming in that it is 200' wide (verses the standard width
of 110 I ) and currently serves two driveway on the north side of
Linton Boulevard. One driveway serves the Linton Self-Storage
facility, while the second driveway serves the Tarmac concrete
facility as well as two buildings containing auto service uses.
The traffic study accompanying the rezoning requests indicates
the need for a protected left turn lane for westbound traffic
into the site. Given the location of the median, a left turn
lane meeting minimum standards cannot be provided. As Linton
Boulevard is a County road the decision as to whether the
existing median opening is to be closed or a substandard design
is to be accepted rests with the Palm Beach Traffic Division.
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P&Z Staff Report ,
DBO Acres
Page 5
The applicant has submitted a median improvement proposal which
reduces the width of the median opening to 120' and provides a
"peanut" allowing "left turns only" into the subject property as
well as into the driveway serving the self storage facility to
the north. The City Traffic Engineer has reviewed the traffic
volumes into both driveways on the north side of Linton Boulevard
and found that a far larger number of vehicles utilize the
Tarmac/auto service use driveway. Therefore the staff has
recommended the median be modified to accommodate the Tarmac
driveway versus the self storage facility. However, the Tarmac
driveway is further east; thereby further reducing the ability to
accommodate adequate storage and transition for a protected left
turn lane.
As access to properties to the north will be restricted or
eliminated, opposition from affected properties is anticipated.
Linton Boulevard: The City Traffic Engineer has indicated that
the projected traffic volume entering the site from eastbound
Linton Boulevard are of a volume which will require exclusive
right turn lanes into two entries. To accommodate an exclusive
right turn lane additional right of way dedication will be
required thereby impacting the Exxon site, KFC site and proposed
perimeter landscape area of future restaurants.
The ultimate decision as to weather turn lanes will be required
or if substandard lengths will be accepted will rest with the
County.
S.W. 4th Avenue and Linton Boulevard intersection: With the
restriction of westbound traffic through the Linton Boulevard
median, or outright closing of the median, additional traffic
must utilize S.W. 4th Avenue to proceed west. The additional
traffic is expected to have negative impacts on the parking lanes
for northbound traffic. The ability of the existing street
section to accommodate the additional traffic is still under
review. Some excerpts from the Traffic Study are provided in the
attachments.
Parks and Open Space:
Park dedication requirements do not apply for nonresidential
uses. Open space requirements are a function of Section
4.6.16(H) (3) (perimeter requirements), Section 4.6.l6(E)
(Internal landscape requirements) as well as Section
4.3.4.(H)(6)(b) (Special Landscape Setbacks). These requirements
must either be met or appropriate waivers and variances obtained
with the full site plan submittal. There should be no problem in
complying with these standards since Lot 3 is vacant.
Solid Waste:
Solid waste will be accommodated through individual dumpsters and
has no bearing on the rezoning. Specific locations will be
provided with the site plan submittal.
P&Z Staff Report ,
DBO Acres
Page 6
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.
* The property is not located within a stable residential
area and therefore does not apply.
B) Performance Standard 3.3.3(C) states: Additional strip
commercial zoning on vacant properties shall be avoided.
This policy shall not preclude rezonings on land that at the
time of rezoning has improvements on it. Where existing
strip commercial areas or zoning exists along an arterial
street, consideration should be given to increasing the
depth of the commercial zoning in order to provide for
better project design.
* If a rezoning to GC or AC is approved, current building
size minimums which exist under the current PC (6,000
sq.ft.) will be removed. The existing building size
requirement would prohibit certain kinds of uses which
are synonymous with strip commercial development i.e.
fast food restaurants. Given the depth and
configuration of the property strip commercial
development will likely result if GC or AC zoning is
granted.
C) 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.
* Zoning to GC will allow commercial uses which are
compatible with industrial uses to the south,
commercial uses to the west, auto related uses to the
north and office uses to the east. Zoning of AC is
compatible to existing uses to the north and south. To
the west comparability can be accommodated through site
design as reflected in the sketch plan. Along the
east, the sketch plan, indicates overhead doors located
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P&Z Staff Report
DBO Acres
Page 7
so as to face the Dixie Highway right-of-way. Adjacent
property compatibility is an issue along this property line;
however, it can be mitigated through site design. Please
refer to accompanying staff report for the conditional use
request for details.
The following Comprehensive Plan, Goals, Objectives and Polices
apply to this proposal:
Land Use Objective AI:
Vacant property shall be developed in a manner so that the future
use and intensity is appropriate in terms of soil, topographic,
and other applicable physical considerations, is complementary to
adjacent land uses, and fulfills remaining land use needs.
Given the traffic impact concerns both at the Linton
Boulevard median and at S. W. 4th Avenue, the potential
intensity allowed under GC zoning may be inappropriate given
the physical consideration of the surrounding traffic
network. The traffic impacts, pursuant to current
information, would not be complementary to adjacent land
uses.
Land Use Policy A-I.3:
Additional strip commercial zoning on vacant land shall be
avoided. This policy shall not preclude rezonings on land that
at the time of rezoning has improvements on it. Where existing
strip commercial uses or zoning exist along an arterial street,
consideration should be given to increasing the depth of the
commercial zoning in order to provide for better project design.
As discussed under performance standard 3.3.2.(c) rezoning to
GC and AC would remove building size restrictions and
encourage development of strip commercial nature.
LDR Compliance:
Pursuant to Section 2.4.5 (D)(l), 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
DBO Acres
Page 8
* That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
Pursuant to Section 2.4.S(d)(5), the City Commission is required
to make a finding that the petition will fulfill one of these
reasons. The applicant submitted a justification statement which
states the following reasons for the change being sought:
"The property owner is requesting a rezoning of the subject
5.481 acre parcel from PC-Planned Commercial to
AC-Automotive Commercial in part (0.800 acres) and
GC-General Commercial in part (4.681 acres).
The subject property was included in an annexation and
rezoning approval in 1988 as part of a 5.72 acre parcel. At
that time the property was approved for GC-General
Commercial zoning. Because the parcel was over 5 acres and
under unified control, the city changed its zoning
designation to PC-Planned Commercial.
Today's City Zoning Code includes a PC-Planned Commercial
District which was created for parcels designated as
Commercial on the Future Land Use Map where the unified
development is, or will be, in excess of five (5) acres.
Because the easternmost parcel is being proposed for a
Specialized Service Shop, which is only permitted in the
AC-Automotive Commercial District, a Planned Commercial
District would not be appropriate since the overall parcel
would be less than five ( 5 ) acres. Subsequently, the
purpose of rezoning the entire S.48l acre parcel to AC in
part, and GC in part, is to bring all platted parcels into
conformity with today's Zoning Code.
The intent of the Planned Commercial District, however, will
still be met because the overall 5.481 acre site which
includes an existing Exxon Service Station and an existing
Fast-Food Restaurant (KFC) will be well planned in terms of
traffic circulation, access to the abutting roadways and the
overall site will still be built in accordance with the
current Landscape Code requirements."
It is unclear to which valid reason the above rational is
referring. A reference is made that the proposed rezoning is to
bring all platted parcels into conformity with todays zoning
code. It has previously stated that when the parcel was zoned PC
it was acknowledged that the existing developments (Exxon & KFC)
were nonconforming but would be most appropriately zoned PC.
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P&Z Staff Report
DBO Acres
Page 9
OTHER:
REVIEW BY OTHERS:
The development proposal is not in geographic areas requiring
review by either the (HPB) Historic Preservation Board, DDA
(Downtown Development Authority), or the CRA (Community
Redevelopment Agency).
ASSESSMENTS:
Concerns with the requested zoning change relate to tw~ specific
areas. The first being the effect of removing the minimum
building size with the adoption of GC and AC zoning designations.
Removal would allow development of smaller buildings and given
the configuration of the parcel, development of strip commercial
uses contrary to Land Use Policy A-I.3.
The second is the effect of the traffic associated with the
increased development potential of GC or AC zoning. While an
office development potential was previously noted for the vacant
portion of the property (Lot 3), a retail use would probably be
the most intensive developed under PC zoning. The rezoning to GC
and AC along with subdivision into 4 lots, as proposed, would
allow uses of much greater intensity. The proposed traffic
increase would have a negative effect on the existing median on
Linton Boulevard and impacts on the stacking at the S.W. 4th
Avenue/Linton Boulevard intersection.
The agent's rationale that the resulting development is unified
and that traffic can be accommodated also has merit.
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the GC and AC Rezoning request based on
failure to make positive findings with respect to Section
3.1.1 (Compatibility), Section 3.3.2 (C) (Strip Commercial),
and that the proposed zoning change fails to meet one of the
valid reasons pursuant to Section 2.4.5(D)(2).
C. Recommend approval of the rezoning request from PC to GC and
AC subject to positive findings with respect to Section
3.1.1, Section 3.3.2 and Section 2.4.5 based upon a
determination that resulting development will be in a
"planned" verses "strip" nature and that traffic impacts do
not violate level of service standards.
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P&Z staff Report
DBO Acres
Page lO
STAFF RECOMMENDATION:
Recommend denial of the GC and AC Rezoning request based on
failure to make positive findings with respect to Section 3.1.1
(Compatibility), Section 3.3.2 (Strip Commercial), and that the
proposed zoning change fails to meet one of the valid reasons
pursuant to Section 2.4.5(D)(2}.
PD/#42/DBOACRES.TXT
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I STANLEY CONSULTANTS FIGURE 2
OF FLORIDA, INC. DBO ACRES
ENGINEERS' PLANNERS . SURVEYORS
lOQO lowe....ll ~T~EtT. 'Il't$T ....w II(&CH. f\. u~o, ('O'~'~"'" TEST ONE TRAFFIC CONDITIONS
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OF FLORIDA, INC. DBO ACRES
ENGINEERS' PLANNERS . SURVEYORS
1000 \.OI4M:O ,U((T, WE,r "Al"... 8(.lOl. n. U"O' (4071,.'.7444 DRIVEWAY VOLUMES
JI L
OVERVIEW OF TRAFFIC STUDY SUBMITTED FOR DBO. ACRES
LEVEL OF SERVICE STANDARDS ON ROADWAY LINKS AFFECTED BY
THIS PROJECT
ACCORDING TO THE STUDY THERE ARE NO ROADWAY LINKS THAT
WILL FALL UNDER LEVEL OF SERVICE WITHIN THE STUDY AREA.
DIRECTOR'S CONCERNS RE:
-- INCLUSION OF TRAFFIC FROM DELRAY CROSSING
-- INCLUSION OF OFFiCE TRIPS INTO TEST ONE CONDITIONS
LEVEL OF SERVICE AT THE INTERSECTION OF S.W. 4TH AVE. AND
LINTON BLVD.
ACCORDING TO THE STUDY, PEAK HOUR CRITICAL MOVEMENT
ANALYSIS INDICATES THAT THE INTERSECTION WILL OPERATE
AT LEVEL OF SERVICE STANDARDS.
QUEUE LENGTH FOR THE NORTHBOUND TRAFFIC ON S.W. 4TH AVE.
THE STUDY INDICATES THAT 259 FEET SOUTH OF LINTON BLVD.
WOULD BE OCCUPIED BY WAITING VEHICLES AT MIDDAY PEAK
HOUR. THERE IS PRESENTLY 170 FEET OF STORAGE SPACE FOR
THE TWO NORTHBOUND LANES. THE STUDY INDICATES THAT THE
QUEUE LENGTH IS FOR EACH OF THE TWO LANES. THEREFORE,
AT THE MIDDAY HOUR THE INTERSECTION FOR THE COSTCO AND
DSO ACRES PROPERTY WOULD BE BLOCKED.
THE MEDIAN OPENING EAST OF S.W. 4TH AVE. ON LINTON BLVD.
THE CITY, COUNTY AND PROPERTY OWNERS FROM THE NORTH
SIDE OF THIS MEDIAN OPENING MEET TO DISCUSS THE
MODIFICATIONS WHICH WOULD BE REQUIRED AS A PART OF THE
PROPOSED SITE PLAN.
BASED ON THE EXISTING CONFIGURATION OF THE MEDIAN, THE
COUNTY STATED THAT THE MEDIAN WOULD HAVE TO BE MODIFIED
TO ALLOW ONLY LEFT TURNS INTO THE NORTH AND SOUTH
PROPERTIES. THE TRAFFIC CONSULTANT WAS REQUESTED TO
PROVIDE EXISTING TURN MOVEMENTS AT THE MEDIAN. AS A
RESULT OF THIS DATA IT HAS BEEN CONCLUDED BY THE CITY
AND COUNTY THAT THE ENTRY TO TARMAC SHOULD BE
MAINTAINED (NOTE: COUNTY AGREEMENT HAS BEEN PRESENTED
BY THE AGENT'S TRAFFIC CONSULTANT AND HAS NOT YET BEEN
VERIFIED, BY CITY STAFF, WITH THE COUNTY.)
~ ,)1
AS A RESULT, THE STORAGE AT THE MEDIAN OPENING WILL BE
APPROXIMATELY 75 FEET IN LENGTH. THIS IS SUBSTANDARD
TO COUNTY REQUIREMENTS. THE TRAFFIC CONSULTANT IS
CONFERRING WITH THE COUNTY TO WORK OUT AN ACCEPTABLE
DESIGN SOLUTION. THE DESIGN WILL, IN ALL PROBABILITY,
ELIMINATE THE EXISTING (NEW) VEGETATION.
ADDITIONAL CITY CONCERNS:
* ON SITE STACKING AT THE EXITS (FIGURE 4)
SECTION 4.6.9(D)(3)(c) STATES THAT A MINIMUM OF 50 FEET
SHALL BE PROVIDED FOR THE EXITS WHICH EXCEED 500 ADT. BASED
ON THE SITE PLAN, THE EXITS ONTO LINTON HAV~ APPROXIMATELY
45 FEET OF STORAGE, OR APPROXIMATELY 2 VEHICLES. DURING
PEAK HOUR CONDITIONS, 70 VEHICLES PER HOUR EXITING ONTO
LINTON, AT THE DRIVES WILL BLOCK THE INTERNAL INTERSECTIONS
FOR THE EAST/WEST DRIVE. THE ON SITE STACKING HAS BEEN
BRIEFLY EVALUATED. HOWEVER, AS A PART OF THE SITE PLAN
REVIEW BY STAFF THE ACTUAL STACKING LENGTH WILL BE
DETERMINED. ALSO, THERE MAY BE A NEED FOR RIGHT-TURN IN
LANES FROM LINTON INTO THE PROJECT. IF SO, ADDITIONAL SITE
REDESIGN WILL BE NEEDED.
THE TRAFFIC STUDY HAS BEEN DETERMINED TO BE ACCEPTABLE TO BE
SENT TO PALM BEACH COUNTY TRAFFIC FOR THEIR REVIEW OF
COMPLIANCE WITH THE TRAFFIC PERFORMANCE ORDINANCE. WITH THE
PROPOSED TRIP GENERATION IN EXCESS OF 1,000 A.D.T. THE
COUNTY HAS THE SOLE REVIEW OF ACCEPTANCE OF THE STUDY AS TO
WHETHER IT COMPLIES WITH THE T.P.O. THE T.P.O. REVIEW IS
ONLY FOR CONCURRENCY ISSUES, IT DOES NOT ADDRESS SITE
SPECIFIC CONCERNS.
ACCEPTANCE OF THE TRAFFIC STUDY, BY THE COUNTY, IS REQUIRED
PRIOR TO THE CITY COMMISSION APPROVAL OF A SITE SPECIFIC
DEVELOPMENT ORDER.
KED:#10DBOTRF9/16/91
2
..-.,..,.~
..:cr--.l.O- ::'~ [iUrl Ib:.:,{ ID:LELFHI Eli'). ==P-']I~E3 TEL !tJ:...HJ7-2~3-7C'.:iJ ~S7'3 F02
MEMORANDUM
TO: David Kovacs
Director of Planning & Zoning
FROM: Greg Luttrell
Traffic Engineer
SUBJECT: DBO ACRES - TRAfFIC STUDY & SITE PLAN
REVIEW COMMENTS
DATE: september 16, 1991
'We have reviewed the revised traffic study prepared by stanley
Consultants and dated september, 1991. The study addresses the
issues required by the County Traffic Performance Ordinance and
should be forwarded to the County for their review and comments.
Specific stUdy issues from a more detailed level include:
1) Appendix C - The P.M. peak hour traffic conditions shows a
total of 217 vehices travelling through this intersection.
Figure 4 shows that at least 287 vehicles will traverse the
intersection in the P.M. peak hour.
Figure 4 - This figure shows the projected turning movements
at the Linton Boulevard/S.W. 4th Avenue intersection.
Comparing this figure with Figure 2 (existing turning
movement volumes) yields the increase in traffic from the
project. The values from the comparison of these two
figures yields 80 sa and 124 NB project trips; however,
Figure 4 shows only 65 SB trips and shows 142 NB trips.
These two data comparisons indicate that not all of the
project impacts to the Linton Boulevard/S.w. 4th Avenue have
been shown/examined.
2) Queue Length - The appendix contains an estimate of queue
length of the South approach to the Linton Boulevard/S.W.
4th Avenue intersection. The P.M. peak hour queue is
estimated at 234 feet and the midday queue is 259 feet. The
current spacing from the driveway on S.W. 4th Avenue to
Linton Boulevard is 200 feet. The average queue of vehicles
waiting for the signal at Linton Boulevard/S.W. 4th Avenue
will therefore, block the driveway of both the project as
well as the Costco drive during both these hours.
~ ,"
SEP-16-";J1 rlGtl 16:.27 1[1: [IELFHl EI~I). 5~PII(ES TEL tJO:-107-~...13-70t:,O 1:157':< F03
3) Median Opening - Figure 2 shows traffic volumes for the two
dri veways to the north of Linton Boulevard (Self storage,
Tarmac). Note that the Tarmac driveway has over 4 times the
traffic volume using it compared to the storage drive.
While limiting either driveway will increase the number of
U-Turns in the area, the storage driveway carries
substantially less traffic. The alignment of the median
opening should therefore be with the Tarmac driveway.
4) The eastbound left turn lane at the Old Dixie/Linton
Boulevard intersection currently queues into the thru lanes
of Linton Boulevard. This is an undesireablo situation.
Traffic generated from this project as well as U-Turns
caused by the median reconfiguration will increase the
number of left turns at this intersection. This situation
should be addressed by this project.
5) The driveways onto Linton Boulevard are projected to carry
substantial traffic volumes (Figure 4). At the midday peak
hour, the second driveway is projected to have 85 right
turning vehicles entering the site. This is beyond the
County right turn lane threshold of 75 and well beyond the
threshold found in other traffic references. A right turn
lane must therefore be installed to serve the site.
Specific design requirements of a right turn lane may
dictate that one of the driveways to Linton Boulevard be
closed or relocated. This will result in a redistribution
of traffic which may cause other impacts. This issue should
be fully addressed prior to project approval.
site plan traffic issues are outlined below:
1) The neW driveways shown are 35' and 30' wide. As these
driveways will operate with right turns in/out only, the
maximum width should be 24 feet.
2) The three eastern drives are misaligned with the internal
aisleways. These driveways are projected to carry
substantial amounts of traffic and must be designed
accordingly.
3) Adequate throat length (storage) has not been provided for
any of the three eastern drives. Minimum storage distances
of 50-75 feet should be provided.
_,-r-J.Q- ='L _,,~ lC;..:.'::i IL';...::.l.-r-Hr t:ri'.'. =::;';III'_~':; TEL tJ':}:...107-~-r:--7~='::,J 1::57'3 F[I...l
It appears that the current site will have major impacts to the
adjacent road networks. Also, the current site design will not
safely or efficiently handle the project traffic and must be
redesigned.
C;; ~ ~,
Lu e}
GL:smm
cc: Mark Gabriel, F.E., Asst. Director of Environmental
Services/City Engineer
Robert Taylor, Deputy Director of Public Works
File; Memos to Planning & Zoning
DBO Acres
GLTRAF16.SMM
.
~
SEP 13 I 9 1 14:45 F ROl1 P8G 1 A28/ 830 FHGE , C102
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TARMAC FLORIDA, INC. 11000 N.W. 121$1 W Y
Medley. Florida 3317
September 13, 1991
Mr. David Kovacs
Director of Planning
City of Delray Beach
100 N.W. 1st Avenue
Oelray Beach, FL 33444
Re: Public Notice #91-146
Conditional Use Request
for Tire Kingdom
Dear Mr. Kovacs:
Per my telephone conversation the other day with Paul Dor and, I am
writing to indicate Tarmac's concern of a potentially dangerous
situation due to the change of ingress/egress from Linton Boulevard
to our facil; ty.
We have been in business in this location for over 1 5 ars with
approximately 75 trucks trips per day entering and exit ng off of
Linton Boulevard. To change our access would create a p tentially
dangerous situation if we had to re-route our traffi through
residental neighborhoods.
I have surveyed Tarmac's options should this access be c oeed off.
Our concrQtQ truc~~ wou'd havQ to bQ rQ-routQd throuQh t ba.ok Qf
our property onto sub-standard residenta' streets. Ye erday at
five p.m. I observed 7 children playing in various 10 tions on
Southridge Road. We are still delivering concrete at t is time.
A1so, it must be pointed out with the existing roadway c nditions,
our trucks could not pass each other. The road condi ions are
anything but favorable for large concrete trucks to pass hrough at
any given time.
'SE P 13 ' 91 14:45 FROM P8C11A28,'830 F' H':; E . 0 ,=, =
1 invite you and any other City officials to accompany me to the
location and observe the conditions as stated.
*'
I respectfully request that this letter be entered into the
official racords of the Hearing. Thank you.
~y truly yours,
~~
Kathleen Richardson
Real Estate Coordinator
cc: A. Townsend,
Director of Tech. Services
Technical Services-Tarmac
Jasmine Allen, city of Delray
Paul Dorland, City of Delray
~ ."
"-.-.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~ - MEETING OF SEPTEMBER 24, 1991
AWA~D OF BIDS AND CONTRACTS
DATE: September 20, 1991
This item is before you to approve the award of the following bids and
contracts:
1. Chemicals and Fertilizers- Annual Contract- Various Bidders
in the estimated amount of $101,600 with funding from various
department's Gardening Supplies (33.54).
2. Software/hardware - Environmental Services - Nynex Computer
Inc. in the amount of $11,868 with funding from Water and Sewer
Computer Software/hardware (Account No. 442-5178-536-64.09).
Account balance $29,218.73.
. 3. Hydrofluosilicic Acid - Environmental Services - Jones
Chemical Inc. in an estimated annual amount of $14,000 with
funding from Water and Sewer Fund/Water Treatment and Storage
Chemical (Account No. 441-5122-536-35.18).
4. Riding Mower - Golf Course - Hector Turf in the amount of
$12,615.78 with funding from Golf Course Equipment Other (Account
445-4761-572-60.89. Account balance FY 91/92 $15,000.
~$/7, 9C:,o
5. Software - Environmental Services - Hansen Software Inc. in
the amount of $iQ,eO~ with funding from Water and Sewer Computer
Software/Hardware (Account No. 442-5178-536-64.09). Account
balance $27,350.
6. Coffin Lifting Device - Cemetery - Clark Development Corp.
in the amount of $11,299 with funding from Cemetery Fund Capital
Outlay Equipment Other (Account No. 428-4511-539.60.89).
Account balance $11,300.
7. Computer Equipment - Planning and zoning Department - Caber
Systems, Inc. in the amount of $18,296 with funding from Planning
and Zoning Capital Outlay Office Equipment (Account No.
001-2511-515-60.86).
8. Pipe Fittings and Accessories - Annual contract - Multiple
vendors in an estimated annual amount of $84,000 with funding
. from Water and Sewer (Account No. 441-5141-536-35.15/$40,000),
(Account No. 441-5123-536-33.38/$24,000), and (Account No.
441-5123-536-35.15/$20,000).
Recommend approval of the award of the above bids and contracts with
funding as indicated.
~ .n
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.
Agenda Item No. : V, I
AGENDA REQUEST
Date: 09/17/91
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: September 24. 1991
Description of agenda item (who, what, where, how much): Bid Award -
Chemicals & Fertilizers - Annual Contract
Co-op Bid #91-67
ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Multiple awards to low responsive bidders as listed on memo, at
an estimated annual"cost of $lO~ _ ~
!J7~ ~
Department Head Signature: ~/l <-
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: criSI NO
Funding alternatives: ~A~\()u~ DE. PT l;:: (if r.!PPliCable)
Account No. & Description: ~sJ"s4 . ~()D.H~
Account Balance: <;lAfPL1E$
City Manager Review:
Approved for agenda: &u NO t~l
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
fl"
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager,
~ Administrative Services
FROM: Ted Glas, Purchasing Officer c!/f
DATE: September 17, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 24, 1991 - BID AWARD - BID #91-67
CHEMICALS & FERTILIZERS, ANNUAL CONTRACT
Item Before City Commission:
The City Commission is requested to make multiple awards to low
responsive bidders, as stated below, at an estimated annual cost of
$101,600.
Background:
The Delray Beach Purchasing Office is the lead organization for this
county cooperative contract. Bids were received on August 16, 1991
from sixteen (16) vendors, all in accordance with City purchasing
procedures. (Bid #91-67. Documentation on file in the Purchasing
Office. ) A tabulation of bids is attached for your review.
Recommendation:
The Palm Beach County Cooperative Purchasing Group has reviewed the
bids and recommends multiple awards to the low responsive bidders, as
highlighted on tab sheets. The Parks & Recreation Department and the
Golf Course concur with this recommendation.
Delray's Estimated
Vendor Annual Expenditure
Howard Fertilizer $ 511. 75
Lesco, Inc. 1l,007.60
Colonial Products 18,622.75
Asgrow Florida 23,340.60
Wheeler Fertilizer 2,091. 50
Van Waters & Rogers 3,646.02
Helena Chemical 17,413.90
Woodbury Chemical 9,212.50
Douglas Fertilizer 6,720.70
UAP Florida 2,466.00
Uni-Chem Corp. 220.40
Lykes Agri Sales 7,330.00
Total Estimated Annual Cost $101,600.00
Attachments:
Tabulation of Bids
pc Joe Weldon
Brahm Dubin i .V. \
",n
City of Delray Beach Requirements
Parks Dept:
Chemicals Fertilizers
Item ~ Unit Cost Ext. Cost Item ~ Unit Cost Ext. Cost
- -
8 5 gal 3.00 gal. $ 15.00 1 445 bags 11.50 bag $ 511.75
11 10 gal 22.50 gal. 222.00 2 680 ba~s 8.35 bag 5,678.00
15 5 gal 35.20 gal. 177 .50 3 350 bags 9.60 bag 3,360.00
19 10 lb. 4.88 lb. 48.80 4 15 cases 50.00 case 750.00
20 10 gal 22.04 gal. 220.40 5 30 bags 10.30 bag 309.00
26 75 can 2.50 can 187.50 6 75 bags 8.15 bag 611. 25
34 100 lb 1. 84 lb. 184.00 7 210 bags 15.60 bag 3;276.00
43 70 gal 46. 98 gal. 328.86 8 160 bags 22.75 bag 3,640.00
47 25 lb . 38 lb. 9.50 9 25 bags 20.50 bag 512.50
55 48 can 2.36 can 113.28
TOTAL $1,506.84 TOTAL $18,648.50
Golf Course:
Chemicals Fertilizers
Item ~ Unit Cost Ext. Cost Item ~ Unit Cost Ext. Cost
-
3 30 gal 16.62 gal. $ 498.60 2 80 bags 8.35 bag 668.00
5 10 gal 60.90 gal. 609.00 3 30 bags 9.60 bag 288.00
6 100 gal 21.25 gal. 2,125.00 6 420 bags 8.15 bag 3,423.00
8 10 gal 3.00 gal. 30.00 11 2 tons 165.00 ton 330.00
9 15 gal 75.40 gal. 1 , 131. 00 12 40 tons 180.00 ton 7,200.00
10 15 gal 28.40 gal. 426.00 13 40 tons 175.00 ton 7,000.00
12 10 'gal 11. 40 gal. 114.00 15 40 tons 45.30 ton 1,812.00
14 10 gal 22.00 gal. 220.00 17 40 tons 160.00 ton 6,400.00
15 10 gal 35.50 gal. 355.00 19 15 tons 207.20 ton 3,108.00
18 15 gal 13.78 gal. 206.70
19 60 lb 4.88 lb. 292.80 TOTAL $30,229.00
23 100 lb. .51 lb. 5 1 . 00
24 100 gal 74.95 gal. 7,495.00
25 5 gal 169.50 gal. 847.50
27 500 lbs 17.45 lb. 8,725.00
28 60 bags 34.00 bag 2,040.00
29 4000 lbs .32 lb. 1,280.00
31 100 gal 15.75 gal. 1, 575 . 00
34 160 lbs 1. 84 lb. 294.40
38 50 gal 52.50 gal. 2,625.00
39 800 lb s 9.05 lb. 7,240.00
41 150 lbs 8.65 lb. 1,297.50
42 30 bags 27.40 bag 822.00
43 60 gal 46.98 gal. 2,818.88
46 20 lbs 23.05 lb. 461. 00
49 50 gal 6.80 gal. 340.00
50 15 gal 165.70 gal. 2,485.50
51 20 gal 58. 70 gal. 1,174.00
53 20 gal 142.00 gal. 2,840.00
54 200 lbs 2.50 lb. 500.00
56 50 gal 5.59 gal. 279.50
TOTAL $ 51 , 1 99. 38"
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Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: 9/6/91
..xX- Regular Agenda ____Special Agenda ____Workshop Agenda
When: 9/24/91
Description of agenda item (who, what, where, how much) Request City
Commission to approve purchase of model 8590 PS/2 computer for the
Environmental Services dept. local area network to run primavera
software project control planning and scheduling. in the amount of
$11. 868 from Nynex Computer. Funding Source 442-5178-536-64.09
Computer software/hardware.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Recommend City Commission to approve purchase of
computer equipment from Nynex as recommended by M.r.s.
,
.
Department Head Signature: ~~ ~ ;,,, ~- - ~J iJ f'1t If/
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
-
Budget Director Review };tdWOed on all items involving
expenditure of funds):
Funding available YES/NO
Funding alternat' es (if applicable)
Account No. & Description /f'l~.-5/lfr'-5..dt~fp'f,oi
Account Balance 1:$1f,,;J./y. 75 ~
City Manager Review: f/J1p -~..{ f'<t1'1' ...jH do
~ {!{J]l~ S we d ""'.~
Approved for agenda: E /NO [M
Hold until: . .
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
~ ,.,
. .
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
TO: DAVID T. HARDEN,
CITY MANAGER
FROM: WILLIAM H. GREENWOOD, (J/1Jt/;
DIRECTOR OF ENVIRONMENTAL SERVICES
DATE: SEPTEMBER 18, 1991
SUBJECT: AGENDA ITEM COMMISSION MEETING
SEPTEMBER 24. 1991
BID AWARD MODEL 8590 PS/2 COMPUTER
Action
City Commission is requested to award a bid to Nynex
Computer in the amount of $11,868 for a IBM Model 8590 OKD
Computer to run the Primavera project control and Planning
software - Funding to come from account code
442-5178-536-64.09 (Computer software/hardware).
Backqround
Primavera software is a system which is a comprehensive
project management, contract administrator and scheduling
system. It provides tools for scheduling daily, weekly or
monthly projects using critical path methods (CDM), some of
the functions are:
It helps record, store, organize, report, and inquire about
virtually everything that takes place on the jobsite. It
tracks every transmittal, submittal, and proposed change.
DV.~
-~~
..
It even helps you record verbal agreements reached at weekly
job meetings.
Build project networks onscreen.
Create projects of up to 10,000 activities.
Code activities with intelligence for sorting and selecting.
status activities with progress using actual dates or
percent complete.
Allocate resources and set availability limits and prices.
Level resources to resolve overloads.
Profile resource use as work progresses for individual and
combined resources.
Perform "what=if" analysis to examine other alternatives.
Summarize several projects into one for management review.
Constrain activities to reflect real situations.
Develop cost accounts to track project budgets vs.
expenditures.
~ ,"
\Review cash projections for scheduled work.
\Summarize costs for any set of activities.
Analyze your earned value with cost/schedule status reports
(C/SSR).
Prepare reports using unlimited options for communicating
the right information.
Sort and select activities that you want printed on reports
or graphics.
Export data to other software programs.
Prepare attractive time-scaled activity diagrams and
resource/cost graphics.
We currently have this software operating on a PS/2 model 55
(386SX CHIP) Computer. However, do to the large number of
projects on Primavera (37 projects) and time required (2
days each week) to calculate and update tasks and
recalculate projects a larger and faster computer is needed
which will be used for the Hansen software which we are also
requesting in this agenda. Since we will have more than 100
projects on the system, the future hardware updating weekly
would take more than 6 days. We also plan to run the Hansen
software on this new Model 85 hardware, which will be
connected to the Environmental Services Department local
area network for other uses in the department. (Electronic
mail) etc.
We have researched the possibility of purchasing a clone,
and per the attached memo (see attached) a clone could be
purchased for $7,891. 00 plus the cost of a token ring
adaptor and IBM Dos for a total of $8,991.00. However,
because this is not an IBM machine we cannot find anyone who
could load the software and configure the machine to operate
on the Lan. Maintenance for the machine would have to be
provided by N.C.R or T.R.W at a cost of approximately
$500.00 per year. There would be a 1 year warranty on the
equipment. In order to maintain the equipment we would,
in some cases, have to ship the computer to the manufacturer
for repair for up to 48 hours and thus have no computer to
operate for this time dependent system.
Do to the lack of adequate support and maintenance we are
not recommending the purchase of the clone.
~ ."
.
.'
--
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. <;t~\! \:.~)
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[ITY DF DElRAY BEA[H r \\'4\,\\}" '54
l. ?\! \'2.~
9\ St.? -5 l.,~'
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100 NoW, 1st AVENUE DELRAY B'e!4.CI't,'f:LORIDA 33444 407/243.7000
MEMORANDUM
-TO: William Greenwood, Director of Environmental Services
FROM: WRobert A. Barcinski, Assistant City Manager - - - - -- ---
Administrative Services
SUBJECT:- Primavera PC Selection
DATE: September 4, 1991
,
.
We have completed our review of the pricing submitted on July 29,
1991, for a PC to operate the Primavera program. Prior to making a
selection you need to analyze the following:
1- Northgate price does not include token ring adaptor and
attaching cable - additional $950.00.
2. The Northgate comes with MS DOS not IBM DOS. Need IBM DOS
to eliminate any possible problems with' compatibility
running on the LAN, the gateway to the AS/400, PC support
and officevision. You need to get pricing.
3. Need to identify who will load and maintain Primavera
software on the PC to get it to work on the LAN, memory
tuning, and the cost to do this. IBM loaded and configured
the Primavera but will not do this on the Northgate. You
will have to get pricing for this service. Our in-house
staff is not capable. Need to check with the Primavera
vendor.
4. Need to identify PC maintenance vendor and cost. This will
not be supported by our current vendors, G.E., or IBM. NCR
will support but not provide on-site maintenance.
If you have any questions please contact Richard Zuccaro or myself.
RAB:kwg
cc: Frank Deering ~
Richard Zuccaro
THE EFFORT ALWAYS MATTERS
."
. .
M E M 0 .R AND U M
Barcinski HJ /~tJ 0 7 U/
TO: Robert A.
Assistant City Manager~mmunity Services
THRU: William H. GreenWOod~
Director of Environmental Services
FROM: Frank A. Deering (J~
Assistant to Director of Environmental Services
SUBJ: PRIMAVERA PC
DATE: July 29, 1991
I have obtained prices from three sources on the new PC
to run'our Primavera Management System. A 486 chip PC is
required due to the volume of projects. The results are as
follows:
,
PRODUCT IBM 8590 OKD .
0 -
SOURCE - IBM
PRICE - $13,399.00
WARRANTY - 1 Year
0 PRODUCT - IBM 8590 OKD
SOURCE - NYNEX
PRICE - $11,868.00
WARRANTY - 1 Year
0 PRODUCT - NORTHGATE '486 (similar to above)
SOURCE - NORTHGATE
PRICE - $7,891. 00
WARRANTY - 1 Year (Given by NCR Corporation)
.
..,"
....
. .
The three systems are similar and Northgate has a good
reputation. I would like permission to purchase the
Northgate.
-=OU
Frank A. Deering
Assistant to Director of Environmental Services
FAD/WHG:pw
cc: Mark A. Gabriel, Asst. Director of Environmental
Services/City Engineer
Robert Taylor, Asst. Director of Environmental Services
/Public Works
George Abou-Jaoude, Deputy Director of Environmental
Services/Projects
FILE; Memos To Assistant City Manager/CS
FDCOMPUTER
\
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Agenda r tern No. :
AGENDA REQUEST
Date: 09/12/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: Sept. 24, 1991
Description of agenda item (who, what, where, how much): Bid Award -
Hydrofluosilicic Acid (Fluoride) - Annual Contract
ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder, Jones Chemicals Inc. at an estimated
annual cost of $14.000. #.:~~
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds): 'I.J..'..rl~~ 1/13/tit
Funding available: ~ NO
Funding alternatives: (if applicable)
Account No. & Description: ~/.St~2.S3t - :?JS: If" .
Account Balance: HI, ~ So/I. ~:rt> wls rril J,.J~ ~""/~
City Manager Review: ~ ~,~~ -
Approved for agenda: <f~/ NO tJl01 ~&
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: _Obert A. Barcinski, Assistant City Managerl
Administrative Services
FROM: Ted Glas, Purchasing Officer c::I /r
DATE: September 1'" 1991
L-,
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETn~G -
SEPTEMBER 24, 1991 - BID AWARD - 8ID #91-80
HYQROFLUOS!LICIG_ACID (FLUORIDEL ANNUAL CONTR6.GT_
It..em__~ efQ_c_~_0~__ CO!!!1l1 i S5 i_OIi~
The City Commission is requested to award contract to the low bidder Jones
Chemicals Inc. at an estimated annual cost of $14,000. Per the BUd~t
Oftice, funding is from: 1f"l1..5/~~-S3t. - 3~.1f' ( WA/~/l 0/ S.eeVe/~ ~
...- ~_.__._._._-_._-------------_._-----..-
~~c k g rO!:!!lg~
The water treatment plant has need of an annual contract for
hydrofluosilicic acid (flouride) , with funding from their operating
expense budget.
Bids for this contract were received on August ry~ 1991 from two (2)
L.W,
vendors, all in accordance with City purchasing procedures (Bid #91-80_
Documentation on file ln the Purchasing Office.) A tabulation of bids is
attached for your r'eview.
The Superintendent of the water treatment plant has reviewed the bids, and
recommends award to low bidder, Jones Chemicals Inc.
8.~C::;9mme nda t ion:
Staff recommends award to the low bidder.. Jones Checmicals Inc. at an
estimated annual cost of $14,000. Funding as outlined above.
Ijttachmeots:
Tabulation of Bids
Recommendation from Environmental Services
pc William Greenwood
<D V. ~
~ .1'
MEMORANDUM
TO: Jackie Rooney
Bid Specialist
FROM: Don Haley
Superintendent of Water Treatment Plant
SUBJECT: HYDROFLUOSILICIC ACID CONTRACT
DATE: September 9, 1991
Review of Bid #91-80; everything is okay and acceptable at the
bid of $.92/gal.
I recommend we accept and go with Jones Chemical.
~.I ~V J'
J'f'... ~, \
Don Haley
DH:smm
cc: Ted Glas, Purchasing Officer
File; Memos to Purchasing
DHHYDR09.SMM
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Agenda Item No. :
>,
AGENDA REQUEST
Date: September 13. 1991
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: September 24. 1991
Description of agenda item (who, what, where, how much): Purchase Award -
One (1) 72" Riding Mower for Golf Course via GSA Contract #GS-07F-17977
ORDINANCEI RESOLUTION REQUIRED: . YES/NO Draft Attached: YES/NO
Recommendation: Award
Contract.
Department Head Signature: I? 0&4 4J L3~ ". ~'-. " 9/17/91
. {
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Di~ctor Review (required on all items involving expenditure
of funds): k .-rt~olJ.., 7/11/'i I
Fund ng available: YES/ NO
Funding alternatives: (if 't4plicable)
Account No. & Description: eJ cH-ql Llt.ls -Ylt:..l-S12 -lsD- 'j h
Account Balance:
City Manager Review: q~ &d~ ,;;) 1/ /4 000 D~
Approved for agenda: cy / NO {4?J
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
1(.,.
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH~Obert A. Barcinski, Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer !//r
DATE: September 13, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 24, 1991 - PURCHASE AWARD -
72" Riding Mower For Golf Course
Item Before City Commission:
The City Commission is requested to award purchase of one (1) 72" Toro
front end rotary riding mower to Hector Turf, at a total cost of
$12,615.78. Per the Budget Office, funding is from:
445-4761-572-60.89 (Equipment - Other). The actual purchase will be
made 10/1/91 from next year's budget.
Background:
Funds are allocated in the FY 91-92 budget to purchase a riding mower
for the Municipal Golf Course. A total of $15,000. is budgeted for
this purchase.
Riding mowers are available via GSA Contract #GS-07F-17977.
The Golf Course Greenskeeper has reviewed the contract, and recommends
award to Hector Turf for a 72" Toro Groundsmaster Model 322D riding
mower. This mower will be utilized to cut the roughs.
Recommendation:
Staff recommends award of one (1) 72" riding mower to Hector Turf at a
total cost of $12,615.78. Funding as outlined above.
Attachments:
Documentation on GSA Contract
Letter from Hector Turf
pc Brahm Dubin
<(;V. q
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""
, ..
..
1301 N.W. n1IAD STREET I DEERFlELD BEACH. FL 33442 (~) 429-3200
September 5, 1991
.
City of Delray Beach VIA FAX: 407-243-3774
Parks & Recreation
100 1m 1st Ave.
Delray Beach, FL 33445
Attn: Jan Slazyk
Dear Jan:
Hector Turf is the Distributor of Toro Turf Equipment, and will ~onor the
GSA Contract #GS-07F-17977 to the City of Delray Beach Municipal Golf
Course.
Sincerely, .
,
~9.x~
Vice President
Turf.Product.s
TOTAL P.01
'I"
FEB-28-1'3'31 11:06 FROM HECTOR TURF TO 14072433774 P.01
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. .
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date:9/6/91
-XX- Regular Agenda ____Special Agenda ____Workshop Agenda
When: 9/24/91
Description of agenda item (who, what, where, how muchiRequest City
Commission to approve purchase of Hansen Software modu es-Ior
17 960 sole source vendor - Hansen Software Inc. Fundl.ng Source
442-5178-536-64.09 computer software hardware.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Recommend City Commission to approve purchase of
computer software for Hansen Software in the amount of ~1/,960.
Department Head Signature: IJ~ ~t'r--~r/~/
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director ReVier. (r~Uired on all items involving
expenditure of funds): 'i./f/,/
Funding available YE /NO
Funding alternati es (if applicable)
Account No. & Description4t./ri-~/1f-S5"-L~,O?
Account Balance ~ Z 357'>
City Manager Review: !;Jf Ir!. /(i<. (~
Approved for agenda: &NO !M S~
Hold until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
~ "
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.
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
TO: DAVID T. HARDEN,
CITY MANAGER
FROM: WILLIAM H. GREENWOOD, 1/dIt(
DIRECTOR OF ENVIRONMENTAL SERVICES
DATE: SEPTEMBER 19, 1991
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
SEPTEMBER 24, 1991
BID AWARD - HANSEN SOFTWARE
Action
city Commission is requested to award a bid to Hansen
Software Inc. for a Public utilities Software (Lan Version)
Package in the amount of $17,960. Funding to come from
account code 442-5178-536-64.09.
Backqround
Hansen Software is a specialized software package designed
for use in Public utilities operations.
'{ V, s
~ _II
This system will be instrumental in compiling the database
received from the Inflow/Infiltration Program. It also can
be used by our water/Sewer Operations section to update the
sanitary sewer line segments as repairs are made so that we
can analyze existing conditions on a daily basis.
Over 100,000 linear feet of sanitary piping and associated
manholes are to be televised under the current contract with
Altair Services, Inc. The number of conditions/services
associated with this piping is very large. This makes the
accumulation of a database of information a very cumbersome
task if it is done manually.
Under the Contractor's agreement, he is to provide us with
videotapes and manual TV logs that document the condition of
each line. Analyzing, compiling and sorting information
presented in this manner will be cumbersome and ultimately
inaccurate as it is not easily updated.
The Contractor already has the Hansen Software System. He
has proposed providing the Videotapes as specified, but in
lieu of the manual TV logs, he will provide us the Hansen
logs on diskettes. We can then copy these diskettes onto
our system and generate "existing condition" reports of each
.
line segment.
~ ."
.
At the same time this information is being retrieved by
Altair, any repairs made to the lines already televised will
be updated through our Water/Sewer Operations Section. The
Work Order for the repair will be generated by the Hansen
Software. Once the Work Order is completed, Operations will
enter the particulars the repair, including type and
location, into the Hansen Software. The Line Segment where
the repair is made will automatically be updated noting the
repair.
The Database created from this system can be sorted/queried
to compile accurate information and quanti ties that can be
easily transformed into Bid Documents. The Costing portion
of the "Intelligent Query Module" can be used to formulate
budgets and scope for Bids. This is especially helpful due
to the fact this is a five-year program and will enable us
to analyze where we get the most "bang for our buck" based
on the monies available and the most critical Line Segments.
Staff has personally reviewed the Hansen System at The City
of Boca Raton. We reviewed the basic mechanics of the
system and also the numerous reports that it generates.
Palm Beach County also has the System along with numerous
other municipalities.
Based on the above, Staff recommends purchasing the Hansen
Software Package for the Wastewater Collection Management
~ ."
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System. We feel that the monies spent on this Software will
pay for itself many times over before the
Inflow/Infiltration Program is completed. Once it is
completed the Software will continue to give us an organized
repair Work Order System and accurate Inventory of our
Sanitary System for many years to come.
A more detailed description of each software package is
attached. The software programs will be loaded on the New
Model 85 and will be connected to the Lan.
This is a sole source purchase, and it is the only system
that meets our need and provides the functionality required.
The system is manufactured only by Hansen software and we
plan to purchase it from that company.
The cost of this software program is:
Computer Program $ 8,000
Laptop TV Inspection System $ 2,500
site licensing $ 2,000
Data Base Set Up and Preparation $ 1,000
Annual Service $ 1,500
Intelligent Query (IQ) Module $ 1,400
Training ( 3 days at $65/hr) $ 1,560
TOTAL COST $17,960
~.",!
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'.
Jj 1745 Markslon Road
Sacramenlo, CA 95825
US (BOO) 821-9316
CA (800) 542-6736
(916) 921-0883
FAX (916) 921-6620
HANS:N
SOFTWARE INC
,
WASTEWATER COLLECTION MANAGEMENT SYSTEM
(WCMS)
WCMS is used to control and track the underground maintenance for both sanitary and
storm lines. It provides management with a control and planning 1001 which can greatly
enhance daily operations and reduce costs of system repairs, rehabilitation and replace-
ment. The objectives of the Wastewater Collection Management System are to:
1. Track ongoing maintenance activities and costs, to help identify problem I
arcas.
2. Used to establish a complete invenlOry of manhole to manhole segments
with size of pipe, length, type elevations, year built, contract numbers. Each
manhole can have a street address to access pipe, street, or manhole number.
3. Maintains a history of work performed on each pipe segment and problem
types enc:oulltcred.
4. Schcllulc preventive maintenance on main lines either by inllividuallines or
by geographic or basin areas.
5. Forecast maintenance work load requirements.
6. Records and tracks customer complaints and generates custom letters
and/or generates work order to service line to inspect, repair, or install.
7. Tracks stoppages and can report excessive stoppage locations for further in-
ves liga lions.
8. Manholes, Street Address, and Service Lines can be cross-referenced to
search out a record.
9. Cost Management/Work Management Module.
+ Records all labor, equipment, and materials costs associated with main
linc, area, amI sClvice line activities.
+ Records "to-date" costs for extended projects.
+ Provides employee and. equipment utilization information on a monthly
and year-to-date basis.
+ Computes the unit cost of each activity (Le., cost per foot, cost per
manhole. cost per service line. etc.).
+ Computes the average hours required and average cost for each activity
type.
.
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10. Condition Rating Module guthers data from routine inspections and rates
".
the condition of main lines and manholes from this data, other capabilities 1
include:
+ More than one set of inspection data can be stored by date sequence.
+ TV Inspection Data can be entered from forms or upload~d from the
"Laptop Field Inspection Module".
+ Manhole Inspection Datu can be entered from forms or uploaded from
the "Laptop Field Inspection Module" or from the "Hand-held
Computer" Manhole Inspection System.
+ Reports by condition rating scores can be printed from high to low to "
pin-point bad segments. ~.
+ TV Inspection Data, and Manhole Inspection Data is used in ~he tl
Rehabilitation Module for computer-selected rehabilitation methods
and costs.
11. Rehabilitation Module is an optional feature to aid in selecting the most ~
~i
cost effective rehabilitation method for main lines, service lines and man- \.j
holes. Some of the rehabilitation features are as follo\'.:s: ,
.
+ Utilizes user-defined cost tables, condition rating codes, nnd conditions I
to be met for the selection strategies. I
+ Uses six methods of repair and their respective cost, as \veU as life .
expectancies, resultant flow factors, effectiveness factor, etc.
+ There are recommended rehabilitation reports as well as alternative
reports. t,
12. Laptop TV Inspection/Field Inspection Module is an optional module amI ,J
~
functions in the following way:
+ Selected mainlines or areas as well as Table Codes that are needed for
the inspection project are downloaded to the lapthp con1pllter. ~
,oj,
+ TV Inspection data, Field Inspection data and Manhole Inspection data ~
are recorded directly into the laptop computer. Windowing of condition
codes are used extensively. ,
+ The inspection data as wen as any new or updated mainline information
is uploaded to the WCMS system. .1
~I
13. Hand Held Computer Module is an optional module and functions as fol- 11
b
lows: ~
+ Selected mainlines are downloaded. \'
+ Manholes and Field Inspection data are entered. Winclowing of ~
condition codes are used extensively.
+ Inspection data is uploaded to WCMS. I
~
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Jj 1745 Markston Road
Sacramento, CA 95825
US (800) 821-9316
CA (800) 542-6736
(916) 921-0BB3
FAX (916)921-6620
, HANS:N
SOFTW^AE IN'C
JJ1ptop TV Inspection System
(LTIS)
The Laptop TV Inspection System (LTlS) will be used to input TV Inspection infor-
mation during actual in.field inspections. The data must be able to unload into an ex-
isting Wastewater Collection Mana~ement System. The system must allow for
manhole inspection and smoke and dye test reporting if so desired. I
The LaptopTV Inspection, System provides the following minimum requirements:
,
,
. TV Inspection Table Download - moving tables from an existing WCMS database.
. TV Inspection Datu Entry System - uctual off-line uata entry into a portable lap
top computer.
, . TV Inspection Datu Upload - this shall allow the LTIS to port information from
the field inspcI:tiuu into an existingWCMS database.
The system shall provide the following:
. User~defined codes for downloading.
. Ability to customize applicable coues within WCMS.
. A "help menu" with customized user-defined codes.
. Ability to print both in-field or office hardcopy.
,',,'.. . Ability to stare infurmation an 3 1/2" diskettes.
.' "
, ..The system shall provide the following datu entry functions:
. Allow the operator Lo udu main lines not currently in the database.
. Allow the operator 10 add TV lruipection records for specific main Hnes.
. Allow the operator to l\dd multiple footage reading~ for specific main lines.
.
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,
Agenda Item No. :
AGENDA REQUEST
Date: September 17, 1991
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: September 24, 1991
Description of agenda item (who, what, where, how much): Bid Award -
Electric Casket Lift for Mausoleum
Bid 1191-77
ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Clark Development Corporation at a cost of
$11.299. (Scissor ;e) . ~~_
./ /If.p ~
/
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO 41.g 4qt PI (,0 ~ (if applicable)
Funding alternatives:
Account No. & DeSJ[i~a6on: ~t-b-=t~ -':?~ -
Account Balance: r . C'w~ ~.~ ~
City Manager Review:
f:!)/ NO /if-/] ~ ~
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUG~RObert A. Barcinksi, Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer ,.~
DATE: September 17, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 24, 1991 - BID AWARD - BID #91-77
ELECTRIC CASKET LIFT FOR MAUSOLEUM
Item Before City Commission:
The City Commission is requested to award contract to Clark Development
corpotition at a cost of G1~ Per ~ BUdget~ funding is
from: ~~ -<Js1I-rn~~( e ~ kl ~ C) ) .
Background:
Funds were allocated in the FY 90-91 Park Department Budget for a casket
lift. A total of $JI, ~~ was budgeted for this purchase.
r
Bids for this item were received on August 8, 1991 from one vendor, all in
accordance with City purchasing procedures. (Bid #91-77. Documentation on
file in the Purchasing Office.) A tabulation of bids is attached for your
review.
Because only one bid was received, Purchasing performed a single-bid
evaluation to determine:
(1) Why only one bid was received
(2) Is the price fair and reasonable
Findings:
(1) Two other firms make similar equipment (Holland Supply and Puckett
Supply) however they do not offer pneumatic tires for transportation
over grass and sand as is required at our cemetery.
(2) The City of Boca Raton purchased the same equipment and paid
$14,800. less $3000. for a trade-in, for a net cost of $11,800. Boca
did not bid this purchase. They awarded as sole-source procurement.
The Director of Parks & Recreation has reviewed the bid and findings, and
recommends award of the single bid (Scissor Type).
Recommendation:
Staff recommends award to Clark Development Corporation at a cost of
$11,299. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from Parks & Recreation
pc Joe Weldon %V,0
'.1"
VENDORS CONTACTED WHO DID NOT RESPOND TO BID:
1) Industrial Equipment
Steve Tally
1-407-293-9212
"We do not make electric casket lifts with the height specified in bid.
Only manufacture 3 or 4 foot crypts high. We would refer you to Clark
Development Corp. if you had called us for a quote."
2) Steril Manufacturing Co.
1-402-341-7287
"We do not carry this product"
3) Allied Equipment
Ron Gordon
1-405-521-0772
"Could not meet specifications as required per the height of lift."
4) Holland Supply Company
Shirley A. Holland
1.....800-527-8818
"Was a time problem for us. We did not have enough time."
5) Puckett Supply
Tod Apple - Asst. to President
1-800-334-8509
" Mr. Apple & Mr. Puckett were both out of office at a convention. We did not
see bid package."
..",
.
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MEMORANDUM
TO: Ted Glas
Purchasing Officer
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Mausoleum Casket Lift
DATE: August 26, 1991
Attached please find a spreadsheet for an electric casket lift (Bid
#91-77) that was opened on August 8, 1991. One (1) bid was received
from Clark Development Corporation in the amount of $11,299 for
either a scissor or mast type of electric lift.
The casket lift will be necessary for opening and closing services
for the mausoleum scheduled for Phase I construction at the cemetery.
I recommend the purchase of the scissor option for the lift. The
Ci ty of Boca Raton has used this type and indicated they are very
satisfied with its operation. Funding is available in account
#428-4511-539-60.89.
~/
Parks and Recreation
JW: jmh
REF:LIFT.DOC
cc: Ray Eubank, Parks Superintendent
fl"
. -
,
. Agenda I tem No.:
AGENDA REQUEST
Date: September 20. 1991
Request to be placed on:1
x Regular Agenda Special Agenda Workshop Agenda
When: 9-24-91
Description of agenda i tern (who I what I where I how much): Citt; Commission
aw rd a bid to Caber Systems, Inc. in the amount of $18,ZYb. u tor
computer hardware and software necessary to 1ns a a Loca rea etwor 1n t e
Planning Department. This cost also includes a laser printer. Funding for this
purchase is to come from account #001-2511-515-bU.~b.
ORDINANCE/ RESOLUTION REQUIRED: XDlI NO Draft Attached: ~/NO
Recommenda t ion: Staff recommends award of the bid for computer equipment and
~nfry~rp TO Caber Systems. Inc. in the amount of $ltl,ZYb.UU
Department Head Signature: ~") ~ ,/\jllua.:lt' -
Determination of Consistency with Comprehensive Plan: AJ/k
City Attorney Review/ Recommendation (if applicable):
N/A
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description: 001-2511-515-60.86 P&Z Capital Outlay Office Equip.
Account Bqlance:
City Manager Review: ~ NO tJ~1
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received: .
Action: Approved/Disapproved
[IT' DF DELIA' BEA[H
100 NW, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM:~Robert A. Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: Agenda Item # City Commission Meeting, September 24, 1991
Bid Award Computer Software and Hardware
Planning Department Local Area Network
DATE: September 18, 1991
ACTION
City Commission is requested to award a bid to Caber Systems, Inc. in
the amount of $18,296.00 for computer hardware and software necessary
to install a Local Area Network in the Planning Department. This cost
also includes a laser printer. Funding for this purchase is to come
from account # 001-2511-515-60. 86.
BACKGROUND
For some time now, the Planning Director has requested a Local Area
Network for his department to enable the sharing and dissemination of
information between the pc's located in his department. There is a
need also to connect all pc's to the mainframe system in order to
allow staff to utilize software applications on the main system. All
major work products will still be developed on the pc's and stored on
hard drives , so as not to load the AS400 unnecessarily. A Local Area
Network (token ring) configuration was recommended by Mr. Henderson in
the Strategic Plan.
MIS staff and Mr. Weedon have analyzed the department's needs
thoroughly. Alternative configurations were developed and reviewed.
The alternative recommended utilizes an existing PS/2 Model 80 as the
network server and replaces this workstation with a Model PS/255 SX.
This equipment configuration will maintain utilization of Auto CAD and
DIGICAD at the most economical cost. (Mr. Weedon's alternate IIA
amended) .
THE EFFORT ALWAYS MATTERS ~V.'7
.,
>It.
AGENDA ITEM #:
PLANNING DEPARTMENT LOCAL AREA NETWORK
Page 2
Attached is a memo from Richard Zuccaro listing all needed equipment
with bid prices. Also attached is an analysis of alternative
equipment and software configurations. These do not include the laser
printer except alternate number III.
RECOMMENDATION
Staff recommends award of the bid for computer equipment ~nd software
to Caber Systems, Inc. in the amount of $18,296.00.
RAB:kwg
Attachment
.
'. .
MEMORANDUM
To: Robert A. Barcinski, Asst. City Manager/
Administrative Services
From: Richard Zuccaro, MIS Officer ~
Date: September 18, 1991
Subject: Planning & Zoning LAN Configuration Cost Estimates
The following is the cost for the Planning and Zoning LAN configuration
"Level IIa" with the optional Laser Printer and PS/2 Model 55SX, as you
requested:
Planning & Zoning LAN Configuration - lEVEL IIA
Hardware
Caber
Item bTY Micro Age Systems IBM \
6 Pack Memory Upgrade 2 $ 258.00 $ 324.00 $ 695.00
16/4TR Card 15 $ 8,590.65 $ 7,830.00 $ 9,397.00
TR Cable 15 $ 345.60 360.00 $ 378.00
------------ -..---------- ------------
Total Hardware Cost $ 9,194.25 $ 8,514.00 $10,470.00
Software
Caber
Item OTY Micro A~_ Systems IBM
DOS 5.0 Upgrade 6 $ 354.00 $ 282.00 $ 354.00
OS/2 Lan Server V1.3 1 $ 644.70 $ 586.00 $ 728.00
OS/2 EE VI.3 1 $ 427.73 $ 444.00 $ 581. 00
Displaywrite 4 V2 Upgrd 6 $ 522.00 $ 390.00 $ 396.00
------------ ----------- ------------
Total Software Cost $ 1,948.43 $ 1,702.00 $ 2,059.00
LAN Server Configuration
Caber
Item OTY Micro Age Systems IBM
Memory Kit #3011 4meg 1 $ 964.28 $ 710.00 $ 1,046.00
4 Meg sys/board 2 $ 810.00 $ 810.00 $ 1,392.00
Internal Tape Backup 1 $ 493.43 $ 407.00 $ 644.00
Internal Tape Bkup Kit 1 $ 35.48 $ 32.00 $ 38.00
TR Cable 1 $ 23.04 $ 24.00 $ 25.00
16/4 Adpt/A TR Card 1 $ 572.71 $ 522.00 $ 323.00
------------ ----------- ------------
Total Server Cost $ 2,898.94 $ 2,505.00 $ 3,468.00
.'11
<I,'
~
New Computer (Replacing Stans with a Model 35)
Caber
Item OTY Micro Age Systems IBM
PS/2 8535-043 (40 Meg) 1 $ 1,601.10 $ 1,720.00 $ 2,095.00
8513 Monitor 1 $ 489.53 $ 492.00 $ 494.00
DOS 5.0 License 1 $ 102.28 $ 100.00 $ 105.00
IBM Mouse 1 $ 65.15 $ 64.00 $ 69.00
16/4 TR Card 1 $ 572.71 $ 522.00 $ 626.00
TR Cable 1 $ 23.04 $ 24.00 $ 25.00
On-site Maintenance 1 $ 50.00 $ 75.00 $ 50.00
------------ ----------- ------------
Total Cost for PS/2 Model 35 $ 2,903.81 $ 2,997.00 $ 3,464.00
Connectivity Cost
Caber
Item OTY Micro Age Systems IBM
MAU 8228 2 $ 806.28 $ 802.00 $ 1,008.00
Patch Cables 6ft. 16 $ 464.00 $ 384.00 $ 576.00
------------ ----------- ------------
Total Connectivity Cost $ 1,270.28 $1,186.00 $ 1,584.00
Total Level IIa Cost $ 18,215.71 $16,904.00 $21,045.00
Optional Equipment
Item OTY Micro Age Systems IBM
IBM Laser Printer 4019 1 $ 1,411.85 $ 1,265.00 $ 1,437.00
Parallel Printer Cable 1 28.30 n/c $ 28.00
----------- ------------ -----------
Total Laser Printer Cost $ 1,440.15 $ 1,265.00 $ 1,465.00
Total Level IIa Cost with
Optional laser Printer $ 19,655.86 $18,169.00 $22,510.00
New Computer (Replaceing Stans with a 55SX) Caber
Item OTY Micro Age Systems IBM
PS/2 Model 55SX (60 meg) 1 $ 1,867.42 $ 1,847.00 $ 2,061.00
8513 Monitor 1 $ 489.53 $ 492.00 $ 494.00
DOS 5.0 License 1 $ 102.28 $ 100.00 $ 105.00
IBM Mouse 1 $ 65.15 $ 64.00 $ 69.00
16/4 TR Card Adpt/A 1 $ 572.71 $ 522.00 $ 626.00
TR Cable 1 $ 23.04 $ 24.00 $ 25.00
On-site Maintenance 1 $ 90.00 $ 75.00 $ 50.70
------------ ----------- ------------
Total Cost for PS/2 Model 55 $ 3,210.13 $ 3,124.00 $ 3,430.70
Less Cost for PS/2 Model 35 ( $ 2,903.81) ($ 2,997.00) ( 3,397.40 )
------------ ------------ ------------
Total Net Cost Difference
for replacing the Model 35
with a Model 55SX $ 306.32 $ 127.00 (33.30)
Total Level IIa Cost with
Model 55SX rep 1 aci ng the
Model 35 and including a
Laser Printer $ 19,962.18 $ 18,296.00 $22,476.70
II'"
'.11'
MEMORANDUM
TO: David J. Kovacs, Director
Department of Planning and Zoning
FROM: Stan Weedon, Planner 11,1 M
DATE: September 14, 1991
SUBJECT: Planning and Zoning Local Area Network (LAN)
Based upon the configuration recommendations and prices
received from Management Information Services, I have
prepared four alternative options for the proposed Planning
and zoning Department network (LAN). A brief explanation of
each alternative is presented at the bottom of each sheet.
The approximate total costs associated with each level are:
Level I $ 27,900
Level II $' 19,800
Level IIa $ 14,200
Level III $ 13,600
I strongly suggest that we go with the highest possible
level we can afford. Although we have only $17,000 to spend
at present, Bob Barcinski suggested we find someone who has
unspent/unencumbered funds. I have spoken with Yvonne, but
she was reluctant to discuss other Departments budgetary
standings. It would probably be more appropriate to
discuss this with the City Manager and Finance Director.
Bob is placing this item on the City Commission agenda for
September 24, 1991. I also understand from MIS that he has
requested bids already. He does not however have the
attached configurations as I had to adjust the information
that MIS provided us.
I would suggest that you review this information and then
send copies of the attached configurations to Bob Barcinski,
Richard Zuccaro, Paul Fleetwood and Barbara Flynn.
LEVEL I. PLANNING DEPARTMENT NETWORK, NETWORK SERVER,
NO MEMORY UPGRADE, COMPUTER UPGRADE
n liHUUt" I IIt:M I YUAN III T II UNII "'v~ I "
I
16/4 TR Card 12 $572.71 $6,872.52
TR Cable 12 $23.04 $276.48
4MB Memory Expansion 1 641.78 $641.78
TOTAL HARDWARE COST $7,790.78
ISOFlWARE
DOS 5.0 UPQrade 6 $59.00 $354.00
OS/2 LAN Server V1 .3 1 $644.70 $644.70
OS/2 EE V1 .3 1 $427.73 $427.73
DisplayWrite 4v2 Upgrade 6 $66.00 $396.00
TOTAL SOFlWARE COST $1 ,822.43
I LAN SERVER CONFIGURATION
PS/28580-A31 1 $5,513.50 $5,513.50
Memory Kit 1 $641.78 $641.78
Color Monitor 1 $489.53 $489.53
Internal Tape Backup 1 $593.40 $593.40
Internal Tape Backup Kit 1 $35.47 $35.47
TR Cable 1 $23.04 $23.04
16/4 TR Card 1 $572.71 $572.71
IBM Mouse 1 $65.15 $65.15
DOS 5.0 Ucense 1 $102.28 $102.28
On-Site Maintenance 1 $90.00 $90.00
TOTAL LAN SERVER COST $8,126.86
I COMPUTER UPGRADE TO REPLACE MEMORY DEFICIENT COMPUTERS
PS/2 8530-043 3 $1,601.10 $4,803.30
8513 Monitor 3 $489.53 $1,468.59
DOS 5.0 Ucense 3 $102.28 $306.84
IBM Mouse 3 $65.15 $195.45
16/4 TR Card 3 $572.71 $1,718.13
TR Cable 3 $23.04 $69.12
On-Site Maintenance 3 $90.00 $270.00
TOTAL COMPUTER UPGRADE COST $8,831.43
I CONNECTNITY COSTS
M.A.U. I 21 $403.14 $806.28
Patch Cables 16 I $29.00 I $464.00
TOTAL CONNECTIVITY COST $1,270.28
I TOTAL LEVEL I COST $27,841.78
This level provides for networking and connection to the AS 400, a dedicated network server,
and a memory upgrade for Dan's computer so that he can work with the complete City map in
AutoCAD. In addition, one of the three "replaced' computers would be given a memory
upgrade by "pirating" memory from one of the other two machines. This machine would be
assigned to Vicki and would be connected to the AS 400 and network.
This configuration should serve us well for 3 - 5 years and replaces, except for the
computer assigned to Vicki, our oldest machines which are approaching 6 years.
II,"
""
LEVEL II. PLANNING DEPARTMENT NETWORK, NETWORK SERVER,
MEMORY UPGRADE, NO COMPUTER UPGRADE
II GROUP II ITEM II UUANIIIY II UNII l;Utjl II IUIALl;Utjl
6 Pack Memory Upgrade 2 $129.00 $258.00
16/4 TR Card 14 $572.71 $8,017.94
TR Cable 14 $23.04 $322.56
TOTAL HARDWARE COST $8,598.50
I SOFTWARE
DOS 5.0 Upgrade 6 $59.00 $354.00
OS/2 LAN Server V1 .3 1 $644.70 $644.70
OS/2 EE V1 .3 1 $427.73 $427.73
DisplayWrite 4v2 Upgrade 6 $66.00 $396.00
TOTAL SOFTWARE COST $1,822.43
I LAN SERVER CONFIGURATION
PS/2 8580-A31 1 $5,513.50 $5,513.50
Memory Kit 1 $641.78 $641.78
Color Monitor 1 $489.53 $489.53
Internal Tape Backup 1 $593.40 $593.40
Internal Tape Backup Kit 1 $35.47 $35.47
TR Cable 1 $23.04 $23.04
16/4 TR Card 1 $572.71 $572.71
IBM Mouse 1 $65.15 $65.15
DOS 5.0 Ucense 1 $102.28 $102.28
On-Site Maintenance 1 $90.00 $90.00
TOTAL LAN SERVER COST $8,126.86
I CONNECTIVITY COSTS
M.A.U. I 21 $403.14 I $806.28
Patch Cables 15 $29.00 I $435.00
TOTAL CONNECTIVITY COST $1,241.28
I TOTAL LEVEL II COST $19,789.07
This level provides for networking and connection to the AS 400 of existing computers and adds a
dedicated network server. It provides memory upgrades for two of our three low memory
machines and combines memory from two of these into the third, giving us three memory
upgraded machines. The age of these machines however, is approaching 6 years. It also provid
memory upgrade for Dan's computer so that he can work with the complete (assembled) City
map in AutoCAD.
This configuration should serve us for 2 - 4 years. Potential problems may arise from our older
computers which are approaching 6 years.
>I"
LEVEL lIa. PLANNING DEPARTMENT NETWORK, MEMORY UPGRADE,
NO COMPUTER UPGRADE, ONE NEW COMPUTER
IIl:iHUUt" ITEM " QUANIIIY" UNlr liU~1 II r:n~~
I
6 Pack Memory UPQrade 2 $129.00 $258.00
16/4 TR Card 15 $572.71 $8,590.65
TR Cable 15 $23.04 $345.60
TOTAL HARDWARE COST $9,194.25
I SOFTWARE
DOS 5.0 Upgrade 6 $59.00 $354.00
OS/2 LAN Server V1 .3 1 $644.70 $644.70
OS/2 EE V1 .3 1 $427.73 $427.73 /
DisplayWrite 4v2 Upgrade 6 $66.00 $396.00
TOTAL SOFTWARE COST $1,822.43
I LAN SERVER CONFIGURATION USING STAN'S PRESENT COMPUTER
Memory Kit 1 $641.78 $641.78
Internal Tape Backup 1 $593.40 $593.40
Internal Tape Backup Kit 1 $35.47 $35.47
TR Cable 1 $23.04 $23.04 )
16/4 TR Card 1 $572.71 $572.71
TOTAL LAN SERVER COST $1,866.40
1 NEW COMPUTER TO REPLACE STAN'S PRESENT COMPUTER
PS/2 8530-043 1 $1,601.10 $1,601.10
8513 Monitor 1 $489.53 $489.53
DOS 5.0 Ucense 1 $102.28 $102.28
IBM Mouse 1 $65.15 $65.15
16/4 TR Card 1 $572.71 $572.71
TR Cable 1 $23.04 $23.04
On-Site Maintenance 1 $90.00 $90.00
TOTAL COMPUTER UPGRADE COST $2,943.81
1 CONNECTIVITY COSTS
M.A.U. 21 $403.14 I $806.28
Patch Cables I 16 1 $29.00 1 $464.00
TOTAL CONNECTNITY COST $1,270.28
I TOTAL LEVEL lIa COST $t1,1IiUS
11 '7/0~7.J7
This level provides for networking and connection to the AS 400 of existing computers and
utilizes Stan's existing computer as the dedicated network server, which is replaced with a new
computer of lesser functionality. It provides memory upgrades for two of our three low memory
machines and combines memory from two of these into the third, giving us three memory
upgraded machines. The age of these machines however, is approaching 6 years. It also provid
a memory upgrade for Dan's computer so that he can work with the complete (assembled) City m
in AutoCAD. Stan would lose the ability to work with the DiGiCAD (low level GIS) software and
AutoCAD.
This configuration should serve us for 2 - 4 years. Potential problems may arise from our older
computers which are approaching 6 years.
~ '..
r'"
. .
LEVEL III. PLANNING DEPARTMENT CONNECTION TO AS ~\~O NEtWORK..!
NO NEtWORK SERVER, MEMORY UPGRADE, NO COMPUTER UPGRADE
II liHUUI-' "t:M II \.oIU1\NIIITR UNI! l;U~11I
6 Pack Memory Upgrade 2 $129.00 $258.00
IBM laser Printer 1 $2,100.00 $2,100.00
5.25 External Drive (PS/2 30-286) 1 $675.00 $675.00 t \"~~
Control Card for External Drive 1 $150.00 $150.00 .
16/4 TR Card 14 $572.71 $8,017.94 &n. ~~~ct c:._",~V\~~
TR Cable 14 $23.04 $322.56 -
TOTAL HARDWARE COST $11 ,523.50
ISOFlWARE
DOS 5.0 UPQrade 61 $59.00 I $354.00
DisplayWrite 4v2 Upgrade 61 $66.00 I $396.00
TOTAL SOFlWARE COST $750.00
I CONNECTIVITY COSTS
M.A.U. 21 $403.14 I $806.28
Patch Cables I 15 I $29.00 I $435.00
TOTAL CONNECTIVllY COST $1,241.28
I TOTAL LEVEL III COST $13,514 18
/2."11 Z.c,
This level provides for the connection of our existing machines to the AS 400 and the same memc
mamory upgrades as Levell!. It does not provide for networking, and acids no new computers
to the Department.
Because of the lack of printer sharing capabilities afforded by networking, we would need an
additional printer and an additional disk drive setup for Loretta.
This configuration should serve us for 2 - 4 years. Potential problems may arise from our older
computers which are approaching 6 years.
.."
'"
.
Agenda I tem No. :
AGENDA REQUEST }I
Date: 09/../91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
.111-
When: September ." 1991
Description of agenda item (who, what, where, how much): Bid Award -
Pipe Fittings and Accessories - Annual Contract
Bid #91-73
ORDIHARCE/ RESOLUTIOB REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Multiole awards per attached memo.
/! /~r' fJI
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds): yx '1 - ;{ 0 -- 1/
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description: Nit/I" $/'1/- 53'. 3$...J.5 - 46 060
Account Balance: I-/W'" SI.1J-53L _ 3'-38 _ :Lt(, DoC
Ci ty Manager Review: '1'1/- 5/,,:/J- 5$ I.. 3 SflS. - 'J...-oJ"bf> 0
Approved for agenda: &sf NO {i'-I fr0 91/1L
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer ://~
DATE: September 11, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 24, 1991 - BID AWARD - BID #91-73
EIP_~ITT~NG~ & ACCESSORIES - ANNUAL CONTRACT
I_t~ITLBefoc.~__Ci t.Y_,_Col1!mi~?io~
The City Commission ~s requested to make multiple awards to vendors as
listed below, at ~ estimated annual cost of $84,000. Per Budget OfficE,
fu n$' ng is from: 1/ fJ/1A ~AA.J if} Is ;::d ~:J.'.<; .G',.i)( ~\.Lrt, ttA <'6 91 /<i 0
C 4) 00 n ) . j.Ce(!ffzu..:t; - I
)
Back roun;)/"'?<.("t~L c(/::1..cl ~ (
._~._---_.._..,
The Water & Sewer Network Division has need of an .annual contract for ;:>ipe
fittings and accessories with funding from their operating expense budget.
Bids for this contract were received on August 12, 1991 from tnirteen ( l~.)
vendors, all ~n accordance with City purchasing procedures (Bid #91-7:'.
Documentation on file in the PurChasing Office.) A tabulation of bid3 1 <'
.~
attached for your review.
The Water/Sewer Network Superintendent has reviewd the bids, and
recommends multiple awards, per attached memo and highligh~ed tab sheet:
Estimated
Group Vendor Amount
1 Gate Valves A & B Pipe Supply $ 5,724.05
2 Service Saddles Sav-On Utility Supplies 3,424.20
3 Corps. , Curb Stops Sunstate Meter 22,914.00
4 Boltless Couplings A & B Pipe Supply 3,7'59.60
5 Tubling Liners A & B Pipe Supply 1,112.15
6 Meter Relocators Sunstate Meter 19,379.95
7 Repair Clamps Sav-On Utility Supplies 3,573.50
8 PVC Pipe Davis Mete!" 825.40
9 Valve Box Davis Meter 1,836.00
10 Miscellaneous A ,& B Pipe Supply 21,557.50
p:;,~_comm~nda t..iQ_n :_
Staff recommends award to vendors as stated above. at an estimated annual
cost of $84,000. Funding as outlined above.
A tt.ac_b.!!!~_ n t s ~
Tabulation of Bids
Recommendation from Environmental Services
pc: William Greenwood
,
MEMORANDUM
TO: Jackie Rooney
Bid Specialist
From: Al Monteleone
Supt. of W/S Network
SUBJECT: Annual Contract Bid #91-73
DATE: August 28, 1991
I reviewed the tabulation of bids for the above Annual Contract.
I recommend that we award the bids as a group, and to the venders
who submitted a complete bid.
The following is the list of venders in each group.
Group # 1 A & B Pipe Supply $ 5,724.05
2 Sav-on utilities 3,424.20
3 Sunstate Meter 22,914.00
4 A & B Pipe Supply 3,759.60
5 A & B Pipe Supply 1,112.15
6 Sunstate Meter 19,379,95
7 Save-on utilities 3,573.50
8 Davis Meter 825.40
9 Davis Meter 1,836.00
10 A & B Pipe Supply 21,557.50
Total Bid $84,106.35
If you have any questions, please call me as soon as possible,
due to the fact Friday August 30, 1991 is my last day with the
city.
C9
_1~:f!.~
Al Monteleone
File: AMPURCH1 - Memos to Purchasing
cc: William H. Greenwood
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