11-19-91 Regular
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - NOVEMBER 19, 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 of 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 Commi ssion may withhold comment or direct the Ci ty 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 corne up to the
podium to make your comments, kindly complete the sign-in sheet if
you have not already done so.
3. ÀDD~ESSING THE CeMMISSIeN: 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 become boisterous while addressing the Commission shall be barred
from speaking further to the Commission by the presÜiin~ officer,
· Agenda
Regular Meeting of 11/19/91
unless permission to continue or again address the Commission is
granted by majority vote of the Commission members present.
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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.
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AGENDA
l. Roll Call.
2. Invocation. ~€.\I. ~obEJt Fìnc.h
3. Pledge of Allegiance to the Flag.
4. Agenda approval. A I / rY1 5-0
Action: Motion to approve. AI/R 5-0
5. Approval of Regular Meeting minutes of OCrber 29, 1991 and
Special Meeting Minutes of November 5, 1991. ~t (Y) 5-0
6. Proclamations: ~hrY\ :Lubin
A. Great Ame:tcan Smoke Out Day - November 21, 1991.
7. Presentations: IntYod~à n€.Lù pr-ö j)~
8. Consent Agenda: City Manager recommends approval. ~ / R 5--0
A. TEMPORARY TENT PERMIT/OLD SCHOOL SQUARE: Approve a request
from Old School Square, Inc. to erect a temporary tent on their
property at 51 S. Swinton Avenue for a party being held on the
evening of November 20, 1991
B. TEMPORARY TENT PERMIT/EMMANUEL CATHOLIC CHURCH: Approve a
request from Emmanuel Catholic Church to erect a temporary tent
on their property at 15700 S. Military Trail in conjunction with
their Outdoor Bazaar being held from January 24, 1992 through
January 26, 1992.
C. AUTHORIZATION TO ERECT AWNING INTO RIGHT-OF-WAY: Approve a
request from J.B.' s Boutique to erect a fabric awning on the
front of their building, located at 1122 East Atlantic Avenue
that will extend into the right-of-way.
D. AUTHORIZATION TO ERECT AWNING INTO RIGHT-OF-WAY: Approve a
request from The Courtyard Shops to erect a fabric awning on the
front of their building located at 1210 East Atlantic Avenue
that will extend into the right-of-way.
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Agenda
Regular Meeting of 11/19/91
E. CHANGE ORDER NO. 2/POOLE AND KENT: Approve Change Order
No. 2 to the contract with Poole and Kent which reduces the
contract price by $25,491. 87 for the Emergency Wellfield
Assessment project.
F. AUTHORIZATION TO TRANSFER PRIOR YEAR SURPLUS STORMWATER
UTILITY FUNDS: Authorize staff to transfer $55,000 from the
prior year surplus Stormwater Utility Funds in order to fund
miscellaneous drainage projects at S.E. 8th Street, at the
intersection of N.E. 8th Street and Palm Trail and, at the
intersection of N.E. 4th Avenue and N.E. 2nd Street.
G. AUTHORIZATION TO SUBMIT GRANT APPLICATIONS: Authorize
staff to submit grant applications to the Florida Department of
Health and Rehabilitative Services for matching funding, for
fiscal year 1992/93, in the amounts of $90,000 and $6,988 to be
used to purchase two Emergency Rescue Vehicles and extrication
equipment.
H. ACCEPTANCE OF GRANT FUNDING: Accept grant funding from the
Solid Waste Authority in the amount of $54,847.91 for our
recycling program.
I. AUTHORIZATION TO PLACE SIGNS IN THE RIGHTS-OF-WAY: Approve
a request from the Police Department to erect special event
signs within the rights-of-way throughout the City in
conjunction with their D.A.R.E. 5K Run/Walk being held on
Saturday, November 30, 1991.
J. AUTHORIZATION TO PURCHASE EQUIPMENT/POLICE DEPARTMENT:
Authorize the purchase of Sure-Fire Flashlites < 150} , car
chargers < 85 } , holsters < 150} , and batteries (20) from Harri son
Uniform Co. in the amount of $18,037.50 and the transfer of
funds from the Law Enforcement Trust <Account No.
112-0000-301-12.00) to <Account No. 112-2172-521-35.15).
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K. OVERHEAD LINE RELOCATION: Approve an agreement with Florida
Power and Light in the amount of $30,000 for the relocation of
an existing overhead line from a mid-block easement south of the
Water Treatment Plant to the north side of S.W. 7th Street.
This action is part of the Lime Softening project. Funding is
available in 1991 Water and Sewer Revenue Bond (Account No.
447-5164-536-60.31).
L. ACCEPTANCE OF EASEMENT DEED/AGREEMENT: Accept an easement
deed for a 10 foot wide easement and execute an agreement with
the property owner at 502 Enfield Road for the construction of a
drainage culvert.
M. ACCEPTANCE OF EASEMENT DEEDS: Accept easement deeds for
ütility relocations on Lots 28 and 29, Block I, Foxpointe
Subdivision.
N. REQUEST FOR PAYMENT OF ATTORNEY'S FEES/FIRE STATION NO. 1 :
Consider a request for payment of attorney's fees and costs for
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Agenda
Regular Meeting of 11/19/91
the acquisition of Parcel 15 in conjunction with Fire Station
Station No. 1 Eminent Domain proceedings.
O. SETTLEMENT/REQUEST FOR PAYMENT OF ATTORNEY'S FEES/FIRE
STATION NO. 1 : Consider a settlement offer in the amount of
$1,000 above the $5,500 previously deposited into the Registry
of the Court for Parcel 22 in conjunction with Fire Station No.
1 Eminent Domain proceedings; for payment of attorney's fees in
the amount of $1,950; and, payment of taxes in the amount of $24.
P. AWARD OF BIDS AND CONTRACTS:
l. Irrigation - South Congress Avenue Medians - Rainbow
Landscaping in the amount of $52,970 with funding from 1987
Utility Tax Beautification - Congress Avenue - Lake Ida to
Atlantic Avenue (Account No. 333-4141-572-61.23).
2. Landscaping - South Congress Avenue Medians - Tuttle's
Design Build, Inc. in the amount of $109,789.50 with
funding from 1987 Utility Tax Beautification - Congress
Avenue - Atlantic Avenue to C-15 Canal <Account No.
333-4141-572-61.33}.
3. Copy Machine Maintenance - Delta Business in the amount
of $17,424, Danka Business in the amount of $5,865, and
Xerox Corp. in the amount of $3,156 with funding from
various department's Repair and Upkeep/Equipment (Object
code #33.32) accounts.
4. Plumbing Service and Repairs - Myers Plumbing Company,
Inc. in the estimated annual amount of $12,350 with funding
from various department's Repair and Upkeep/Building
accounts.
9. Regular Agenda:
AI/'R 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
5-0 and the Historic Preservation Board during the period October
29, 1991 through November 18, 1991.
A'/R B. REQUEST FOR EXPEDIENT REVIEW: Consider a request from Jay
D. Tormey for expedient review of his application for a
5-0 conditional use to locate a family recreational business in
the Congress Square Shopping Center. DEe. I o1Y\ - '\:b Ú'Y\-s.I"\.
ftn~ 1iI C. REQUEST FOR WAIVER OF APPLICATION PROCESSING FEES,
~1cs Consider a request from the South County Mental Health Center
r . for waiver of the land use apPlica~on processing fees.
- Ai w~~ 'SEC. m/AI v.Jo..ù......& £.'5 An- no ,+-1
~{~ D. TERMINATION OF LETTER OF AGREEMENT, Acknowledge
. . termination of the letter of agreement with the Community
fS~~ Redevelopment Agency with regard to the CRA Planner position.
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. r ,.I Ò.entia
, Regular ~T~f( ~,f~¡~;9/91
E. AGREEMENT WITH WILLIAM SWAIM AND ASSOCIATES: Consider an
Al/nn agreement with William Swaim and Associates for the construction
and installation of sewer improvements in conjunction with the
5-0 Anchorage Project.
~/~\ F. RESOLUTION NO. 84-91: A resolution requesting the 1992
Florida Legislature to provide adequate funding for the·
5-0 preservation and repair of the State's Beaches, and to identify
a long-term dedicated funding source.
~/An G. RESOLUTION NO. 94-91: A resolution formally establishing a
policy on ethics and providing for compliance with Florida
M- nO 4-1 Statutes Chapter 112, Part I I I.
i</f11 H. ADDITIONAL EXPENDITURES/FIRE STATION NO.5: Consider a
request for additional monies to cover real estate commission
5-0 fees in conjunction with the Fire Station No.5 project. c.f\"\ Ctt'c,r+ ,,«A' A
(11'et£n~ EJ(ød motion) SE. t\'\~""
/ I. CHANGE ORDER NO. 2/PAVEX: Approve Change Order No. 1 to
An AI the contract with Pavex, Corp. in the amount of $63,000 for
5- 0 resurfacing of alleyways as part of the CBD Alleyway Improvement
Program.
o * COnS\ðEfe..å) ~ h'rst. ~
FTrì ii, ~J. SETTLEMENT OFFER - MONTALBAN V. CITY OF DELRAY BEACH:
~tPk-~o Consider a settlement offer in the amount of $12,000, plus costs
Ven.I'a.\ to settle pending Ii tigatipn in the Montalban v. City of Delray
~- 2- Beach case. An.o"tY\éA' t'Y"'\d'b.c:Y"I ~ 1'"'\D1::e.s.
mJA I K. APPOINTMENT OF A MEMBER TO THE POLICE AND FIRE PENSION
BOARD OF TRUSTEES: Appoint a member to the Police and Fire
5-0 Pension Board of Trustees to fill the vacancy caused by the
;ra~~ resignation of John Tranter. Seat 1 appointment.
10. Public Hearings:
PH Close9 A. ORDINANCE NO. 75-91: An ordinance amending the Land
'KIA t Development Regulations to allow for the issuance of temporary
~_() use permits for City operated facilities. City Manager
recommends approval.
:J),"sc.. J B. ORDINANCE NO. 77-91: An ordinance amending the Code of
~/~ Ordinances by adopting a proposed revision to the City Charter
II I r rr I to provide for an increase in the terms of office from two to
fH-no 4-lthree years, subject to approval by voter referendum.
~ Cfose.dC' ORDINANCE NO. 79-91: An ordinance amending the Code of
Ordinances by adopting a proposed revision to the City Charter
~/fY\ to provide for the elimination of a second nonpartisan election,
~r; 110 subj ect to approval by voter referendum.
~CAO'IWð D. ORDINANCE NO. 80-91: An ordinance amending the Code of
~. .... Ordinanc~s by adoptin~ ,a p~oposed revision to the C~ty Chart~r
. to prov~de' for a l~m~tat~on on the terms of off~ce to s~x
~~i ~ consecutive years, subject to approval by voter referendum.
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Agenda
Regular Meeting of 11/19/91
PH Gl oSE.ð E . ORDINANCE NO. 82-91: An ordinance amending the Land
(Y) I Pm Development Regulations to move the line of demarcation, west
of which the use of Municipal water for irrigation purposes is
5-0 prohibited¡ and, to establish a provision for exceptions due to
special circumstances. Planning and Zoning Board recommends
approval.
II. Comments and Inquiries on Non-Agenda Items for the Public -
Immediately following Public Hearings:
A. City Manager's response to prior public comments and
inquiries.
B. From the Public.
12. First ~adings:
rz. le. -
Al¡rn A. ORDINANCE NO. 67-91: An ordinance amending Section
52.52(A) of the Code of Ordinances to provide for a reduction in
it-O the penalty charged for late payment for utility services. If
~ssed public hearing December 3rd.
. (e:tuYneol ~
rn/AI B. ORDINANCE NO. 1-91: An ordinance amending the Land
Development Regulations to provide for an increase in the amount
5-0 of open space permitted to be planted in grass. If passed
public hearing December 3rd.
An/AI c. ORDINANCE NO. 83-91: An ordinance amending the Code of
Ordinances by enacting a new section 98.30 "Waste Tire
,5-0 Dumping" , to provide for licensing, rules and regulations
regarding waste tire collectors. If passed public hearing
December 3rd.
(Y)l R D. ORDINANCE NO. 84-91: An ordinance correcting the zoning
designation for the Deer Park Water Plant property located on
the west side of South Swinton Avenue between S.E. 7th and 8th
5-0 streets from R-1-A (Single Family Residential) zone district to
CF (Community Facilities) and correcting the Official Zoning
Map. If passed public hearing December 3rd.
A'/R E. ORDINANCE NO. 85-91: An ordinance correcting the zoning
designation for the body of water and lift station located on
5-0 the west side of Swinton Avenue approximately 600 feet north of
22nd Street from R-I-A (Single Family Residential) zone
district to CF (Community Facilities) and correcting the
Official Zoning Map. If passed public hearing January 14th.
At I (Y) F. ORDINANCE NO. 86-91: An ordinance correcting the zoning
designation on a portion of the Unity School property located
on the east side of N.W. 2nd Avenue, approximately 400 feet
~..o north of N.W. 22nd Street from R-1-A (Single Family
Residential) zone district to CF (Community Facilities) and
correcting the Official Zoning Map. If passed public hearing
December 3rd.
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13. Comments and Inquiries on Non-Agenda Items:
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. . .
Agenda
Regular Meeting of 11/19/91
A. Commission
-B. City Manager
C. City Attorney
D. County and Municipal Issues.
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION'
.¡
REGULAR MEETING - NOVEMBER 19, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
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ADDENDUM
THE CONSENT AGENDA IS AMENDED TO CORRECT:
Item 8J as reads: AUTHORIZATION TO PURCHASE EQUIPMENT/POLICE
DEPARTMÈNT: Authorize the purchase of Sure-Fire Flashlites
( 150) , car chargers ( 85 ) , holsters ( 150) , and batteries (20)
from Harrison Uniform Co. in the amount of $18,037.50 and the
transfer of funds from the Law Enforcement Trust (Account No.
112-0000-301-12.00) to (Account No. 112-2172-521-35.15).
Is amended to read:8J. ALLOCATION OF FUNDS FROM LAW
ENFORCEMENT TRUST: Authorize staff to allocate and transfer
$18,037.50 from the Law Enforcement Trust (Account No.
112-0000-301-12.00) to (Account No. 112-2172-521-35. IS) to be
used to purchase Sure- Fire Flashlites (150), car chargers (85),
holsters (ISO), and batteries (20).
CITY DF DELRAY BEA[H
100 r-JW, 1s~ .';VEI\jUE DELRAY BEACH, r=LOR!QA 33444 :., ",¡~
PROCLAJIA TIOi\
WHEREAS, the American Cancer Society's Great American
Smokeout is a lighthearted effort to encourage smokers to give up
their habit for 24 hours on Thursday, November 21; and,
WHEREAS, for fourteen consecutive years, millions of
smokers, including many in the City of Delray Beach, have partici-
pated in this event; and,
WHEREAS, the health benefits of not smoking are substan-
tiated and well known; and,
WHEREAS, there are additional civic benefits, such as
reduction of the risks of accidental fires and illnesses related to
secondhand smoke,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim Thursday, November 21,
1991, as
"GREAT AMERICAN SMOKEOUT DAY"
in this City, and in so doing, urge all smokers and smokeless
tobacco users in the community to demonstrate to themselves and
their friends that they can quit if they wish by joining the
American Cancer Society's 15th Annual Great American Smokeout.
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 19th day of November, 1991.
MAY 0 R
THOMAS E. LYNCH
SEAL
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MEMORAND~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER¿o///V'l
SUBJECT: AGENDA ITEM #: g A - MEETING OF NOVEMBER 19, 1991
TEMPORARY TENT PERMIT/OLD SCHOOL SQUARE
DATE: November 15, 1991
We have received a request from Old School Square for permission to
erect a temporary tent on their property at 51 S. Swinton Avenue for
a party being held on the evening of November 20, 1991.
Section 2.4.6 (H) of the Land Development Regulations provides the
authority for this action. Staff has reviewed this request and
recommends approval.
Recommend approval of a request from Old School Square to erect a
temporary tent at 51 S. Swinton Avenue, from November 20, 1991
through November 21, 1991.
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, Agenda It/em No.:
AGENDA REQUEST
Date: 11/12/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 11/19/91
Description of agenda item (who, what, where, how much~:
Approval of a tent for Old School Square for a party on November 0, 1991
51 S Swinton Avenue
ORDINANCE/ RESOLUTION REQUIRED: YES N Draft Attached: YES/NO
Recommendation: Approval
~þd ~, ~
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review¡ Recommendation (i f appl icable) :
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
~1
Approved for agenda: . ES;f NO f1./¡
Hold Until:
Agenda Coordinator Review: \ t \ t,\\cfr
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER ~
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT.. .
RE: TENT APPROVAL REQUEST FROM OLD SCHOOL SQUARE FOR
NOVEMBER 20, 1991 - - -
DATE: NOVEMBER 12, 1991
ITEM BEFORE THE COMMISSION:
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Request from Old School Square to erect a tent at 51 S. Swinton
Avenue for a party being held on evening of November 20, 1991.
BACKGROUND:
Section 2.4.6 ( H) of the approved LDR's provides for City
Commission approval to erect a tent prior to a permit being
issued by the Building Official. The erection of this tent is
permitted since the purpose is to protect the public from the
elements during public assembly according to Section 2.4.6 (3) (a).
RECOMMENDATION:
The Department of Community Improvement recommends approval of
the erection of the temporary tent for Old School Square from
November 20 through the 21st, 1991 at 51 S. Swinton Avenue,
as specified on the site plan.
LB:DQ
file #91-13554
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Tent.OSS
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NOVEMBER 12TH, 1991 '
MR. DAVID HARDEN,
OlD CITY MANAGER
CITY OF DELRAY BEACH
100 N.W. 1 AVENUE
SCHOOl DELRAY BEACH, FLORIDA 33444
RE: FACILITIES USE
-SOUAR(- DEAR MR. HÞ.RDEN:
OLD SCHOOL SQUARE HA'- T -,--.,..-- _..~ ~"M'ii\--"I-f -rR A
. =' l.J:'_-=-...':'::"_- _:1..._ ~:!~.~. ~':"-'.. :''.J_
PRIVATE PARTY ON NOVEMBE~ . .: .- :?9:,
THE LICENSEES HAVE I~ TC~N CCN!~ACTED WITH A CHEF
WHO NEEDS TO ERECT A 20 ~ 20 CA~0?Y ON THE LAW~
BEHIND THE GYMNASIUM. TEE CAN0?Y WOULD PROVIDE
SHELTER AND LIGHTING fOF T~E ~!~?~ WHILE PREPARING
AND SERVING DINNER.
WE UNDERSTAND THAT A STA~~KE~T CF 0~R CONSENT IS
: NECESSARY IN ADDITION TO rHEI2 A?PLICATION TO
ERECT THIS CANOPY. WE DC G!V~ 0~~ APPROVA~
AND HOPE THAT THE CITY W=L~ CONCUR AND APPROVE
I THE TEMPORARY CANOPY,
I
I THANK YOU FOR YOUR co~.¡::: 1'::'5.:?Þ.-r :'::1: ,
/ SANDRA ALMY t:;;;.'~ '
.- / FACILITIES IREC 0
OLD SCHOOL SQUARE, INC,
SA:gja
Old School SQuare.1nc.
Post 0Øice Box 1897
Deny Beach. Florida 33447
(401) 243-7922
·
0
~
6135-8 lake Worth Road
lake Worth, Florida 33463
(407) 966-3388
November 13, 1991
Mr. David Harden
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden;
We would like to request your approval to install a 20' x 20'
canopy tent at the Old School Square, located at 51 North
Switon Avenue, on November 20, 1991 . This would be a temporary
canopy to be used for a party that evening, and would be dismantled
on Thursday morning, November 21, 1991.
We would like to be scheduled on the next City Cõmmission agenda
in order to be considered for approval. I have submitted the
appropriate paperwork, along with permit fees and am enclosing
copies for your convenience.
We appreciate your expedience in this matter. Thank you for your
time and consideration.
Sincerely,
rf~
ane E. Hutton
Fiesta Party Rentals, Inc.
.
"Cason Cot tage NE 1st Street(
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"witches Public phone
Air conditioning controls
Exit/Entrance
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Music - - !'\"" rt
System 0 \ ~, ~
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OLD SCHOOL SQUARE GYMNASIUM Ramp \, \ ,t
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I and stairs
I Small Service Parking Ar~~
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Entrance for Caterers I
.. I
51 North SIwoon I\ienue
DeIray Beach. F10rida 33447
(407) 243-7922 . .
-.
, .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fY7/vl
SUBJECT: AGENDA ITEM #: g B - MEETING OF NOVEMBER 19, 1991
TEMPORARY TENT PERMIT/EMMANUEL CATHOLIC CHURCH
DATE: November 15, 1991
We have received a request from Emmanuel Catholic Church to erect a
temporary tent on their property at 15700 S. Military Trail in
conjunction with their Outdoor Bazaar being held from January 24,
1992 through January 26, 1992.
Section 2.4.6 (H) of the Land Development Regulations provides the
authority for this action. Staff has reviewed this request and
recommends approval.
Recommend approval of the request from Emmanuel Catholic Church to
erect a temporary tent at 15700 S. Military Trail from January 24,
1992 through January 26, 1992.
. .
. Agenda It,em No. :
AGENDA REQUEST
Date: 11/12/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 11/19/91
Description of agenda item (who, what, where, how much):
Approval of a tent for Emmanuel Catholic Church for an Outdoor Bazaar
January 24-26. 1992
15700 S Military Trail
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
~) A
Approved for agenda: lE $/ NO! /,--/1
Hold Until:
Agenda Coordinator Review:
Received: ~.
Action: Appro ed/Disapproved
·
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: TENT APPROVAL REQUEST ¡EMMANUEL CATHOLIC CHURCH
OUTDOOR BAZAAR .= JANUARY 24, 25 ~ 26, 1992
DATE: NOVEMBER 12, 1991
ITEM BEFORE THE COMMISSION:
- -
Request from the Emmanuel Catholic Church to erect a tent on their
church grounds, at 15700 S. Military Trail, as part of their Outdoor
Bazaar which is scheduled to be held from January 24th through January
26th, 1992.
BACKGROUND:
Section 2.4.6 (H) of the approved LDR's provides for City Commission
approval to erect a tent prior to a permit being issued by the
Building Official. The erection of this tent is permitted since the
purpose is to protect the public from the elements during public
assembly according to Section 2.4.6 (3) (a) .
RECOMMENDATION:
The Department of Community Improvement recommends approval of the
erection of the temporary tent for the Emmanuel Catholic Church from
January 24th through the 26th, 1992 on the Church property as
specified on the site plan.
LB:DQ
DIll
Tent.ECC
·
EMMANUEL CATHOLIC CHURCH
15700 SOUTH MILITARY TRAIL
- DELRAY BEACH, FLORIDA 33484-2628
~~eL Telephone (407) 496-2480
October 22nd, 1991
Lula Butler
Director of Community Improvement
100 N.W. First Ave.
Delray Beach, FI. 33444
SUBJECT: Church Bazaar Permit
Dear Ms. Butler:
I am writing to obtain a City of Delray Beach permit for a Bazaar
at EMMANUEL CATHOLIC CHURCH on January 24th ,25th and
26th, 1992. The Bazaar will be held outdooors on church property
within a tent measuring 60 x 100' which will be erected for that
purpose. On 12/4/90 the City Commission approved a similiar tent
permit application for our 1991 Bazaar.
The Pastor's authorization has been obtained. (see attached letter
of permission.)
Attached also is a scaled diagram of the church property with the
areas for parking and for bazaar activities so marked.
On Friday, January 24th, the bazaar is scheduled to run from
4:00 P.M. to 9:00 P.M.; on Saturday, Jan. 25th from 8:00 A.M. to
9:00 P.M. and on Sup-day, Jan. 26th from 10:00 A.M. to 5:00 P.M.
Electricalpower for booth lighting will be set up by a Licensed
Electrical Contr&ctor.
A commercial dumpster will be provided as will portable toilets.
Parking attendants will be on duty. There will be no carnival rides.
An early response from you will be deeply appreciated.
Sincerely, ~
~~t
Emmanuel Church Bazaar Committee
"God Is With Us"
·
EMMANUEL CATHOLIC CHURCH
15700 SOUTH MILITARY TRAIL
.., DELRAY BEACH. FLORIDA 33484-2628
~~-æ Telephone (407) 496-2480
October 22nd, 1991
Lula Butler
Director of Community Improvement
100 N. W . First Ave.
Delray Beach, Fl. 33444
Dear Ms. Butler:
As Pastor of Emmanuel Catholic Church I give permission
for the planned outdooor bazaar to be held on church
property on January 24th, 25th and 26th, 1992.
I further authorize Mr. Joseph Konst of Delray Beach
to obtain the neces¡Jary permit from the City of Delray
Beach.
Œ~~iJ? /iJ~
Rev. Raymond P. Hubert
Pastor
RECEiVED
OCT28 91
COMMUNITY IMPROVEMENT
J\_:M!NISTRATION
'"God Is With Us'"
.
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· -
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtN
SUBJECT: AGENDA ITEM # (c.. - MEETING OF NOVEMBER 19, 1991
AUTHORIZATION TO ERECT AWNING OVER RIGHT-OF-WAY
DATE: NOVEMBER 14, 1991
We have received a request from J.B.ls Boutique to erect a fabric
awning on the front of their building at 1122 East Atlantic
Avenue which will extend over the right-of-way.
Section 6.3.5 of the Land Development Regulations provides the
authority for this action. The Site Plan Review and Appearance
Board has reviewed the request and recommends approval.
Recommend approval of the request from J.B.ls Boutique to erect a
fabric awning on the building front at 1122 East Atlantic Avenue
which will extend over the right-of-way, pursuant to the
elevations submitted.
. .
, Agenda I t¡em No. :
AGENDA REQOEST
Date: 11/12/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 11/19/91
Description of agenda item (who, what, where, how much):
Approval of fabric awning at 1122 E Atlantic Avenue
for J.B. 's Boutique
ORDINANCE/ RESOLUTION REQOlRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~,d;:~Oé- " -
Determination of Consistency with Comprehensive Plan:
City Attorney Review¡ Recommendation (if applicable):
Budget Director Review (required on all ite.s involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: Y;;¡ NO !':;'j1
Hold Until: L
Agenda Coordinator Review: '\ I \4\ qo
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: REQUEST CITY COMMISSION APPROVAL TO ERECT CANOPY
DATE: NOVEMBER 12, 1991
ITEM BEFORE THE CITY COMMISSION:
- --
Approval of a request from the property owner of J .B.' s Boutique
to erect a fabric awning that will extend into the right-of-way
on the building front located at 1122 E. Atlantic Avenue.
BACKGROUND:
Section 6.3.5 of the LDR's provide for the construction of
canopies, marquees and covered walkways to extend into the public
right-of-way when approved by the City Commission. The City
Commission has approved the construction of canopies which extend
into the public right-of-way for several buildings. The proposed
improvement has been reviewed and approved by SPRAB.
RECOMMENDATION:
We would recommend City Commission approval of the owners request
to erect a fabric awning on the building front at 1122 E.
Atlantic Avenue, pursuant to the elevations submitted.
LB:DQ
File #91-13029
Dl1
Awning.CC
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·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ¿,07/1
SUBJECT: AGENDA ITEM # irJD - MEETING OF NOVEMBER 19, 1991
AUTHORIZATION TO ERECT AWNING OVER RIGHT-OF-WAY
DATE: NOVEMBER 14, 1991
We have received a request from The Courtyard Shops to erect a
fabric awning on the front of their building at 1210 East
Atlantic Avenue which will extend over the right-of-way.
Section 6.3.5 of the Land Development Regulations provides the
authority for this action. The Site Plan Review and Appearance
Board has reviewed the request and recommends approval.
Recommend approval of the request from The Courtyard Shops to
erect a fabric awning on the building front at 1210 East Atlantic
Avenue which will extend over the right-of-way, pursuant to the
elevations submitted.
- ~ .
. Agenda I t:em No.:
AGENDA REQUEST
Date: 11/14/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 11/19/91
Description of agenda item (who, what, where, how much):
Permission to erect 3 awnings in the right-of-way
The Courtyard Shops, 1210 E. Atlantic Avenue
ORDINANCE/ RESOLUTION REQUIRED: YES NO Draft Attached: YES/NO
Recommendation: Approval
, Á£4---' ~.
,/ ;/ -.,/'
Department Head Signature: ,l...--->_J'~,
c /
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds) :
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ,~ NO (1'v,1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
--,
- -
MEMORANDUM
TO: DAVID' HARDEN, CITY MANAGER
LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
FROM:
RE: REQUEST CITY COMMISSION APPROVAL TO ERECT CANOPY
DATE: NOVEMBER 12, 1991
ITEM BEFORE THE CITY COMMISSION:
- --
Approval of a request from the owner of The Courtyard Shops, John
Rinaldi, to erect three (3) fabric awnings that will extend into
the right-of-way on the building front located at 1210 E.
Atlantic Avenue.
BACKGROUND:
The owner is requesting approval to erect three (3) fabric
awnings which extend into the right-of-way over a walkway.
The other various awnings shown on the site plan do not require
Commission approval.
Section 6.3.5 of the LDR's provide for the construction of
canopies, marquees and covered walkways to extend into the public
right-of-way when approved by the City Commission. The City
Commission has approved the construction of canopies which extend
into the public right-of-way for several buildings. The proposed
improvement has been reviewed and approved by SPRAB.
RECOMMENDATION:
We would recommend City Commission approval of the owners request
to erect three (3) fabric awnings on the building front at 1210
E. Atlantic Avenue, pursuant to the elevations submitted.
LB:DQ
File #91-13474
Dl1
Awning2.CC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!fJI
SUBJECT: AGENDA ITEM #: go ~ - MEETING OF NOVEMBER 19, 1991
CHANGE ORDER NO. 2/POOLE AND KENT
DATE: November 15, 1991
This is a change order to the contract with Poole and Kent which
reduces the contract price by $25,491. 87 for the Emergency Wellfield
Assessment project. This decrease in contract þrice iF! a result of
actual installed quantities and other miscellaneous changes. The net
deduction amounts to $11,350.82 less than the original contract
amount of $870,916 and absorbs the increase of $14,141 from Change
Order No. 1.
Recommend approval of Change Order No. 2 to the contract with Poole
and Kent which reduces the modified contract price by $25,491.87.
·
Agenda Item No.:
AGENDA REQUEST
Request to be plac~d on: Date: 11/5/91
X Regular Agenda ____Special Agenda ____Workshop Agenda
-
When: 11/19/91
Description of agenda item (who, what, where, how much)____
Final "Plus/Minus" change order 112 to Emergency Wellfield Assessment
Control. This is done in order to adjust unit prices of contract
quantities to actual installed quantities and other miscellaneous
changes. Change order #2 represents a $25,491.87 deduction from the
adjusted current contract amount.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of change order #2 to
close contract out. The net deduct is $11,350.82 less than the
original contract amount of $870,916.
Department Head Signature: #lJ/gJO~.._~~JJ //(¡r(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: YES/NO
Funding alternatives (if applicable)
Account No. & Description 441-5162-536-60.37
Account Balance
City Manager Review:
Approved for agenda: ~/NO {pA
Hold Until:
Agenda Coordinator Review:
,
Received:
Action:
Approved/Disapproved
.
. ' CHANGE ORDER
(Instructions on reverse side) No. 2
PROJECT: EMERGENCY WELL FIELDS ASSESSMENT, DATE OF ISSUANCE: 10-7-91
PROTECTION AND REMEDIATION.
OWNER: THE CITY OF DELRAY BEACH
(Name, 434 S. SWINTON
Address) DELRAY BEACH, FL. 33444
CONTRACTOR: OWNER's Project No. 90-10
THE POOLE & KENT COMPANY
ENGINEER: CH2M HILL
CONTRACT FOR:
EMERGENCY WELL FIELDS ASSESSMENT,
PROTECTION AND REMEDIATION ENGINEER's Project No. SEF24708.E1.50
You are directed to make the following changes in the Contract Documents.
Description:Refer to attachments and reference contract allowance Bid #24 (20,000.00)
to be deleted.
Purpose of Change Order:
To modify contract design to suit actual conditions, and existing conditions.
Attachments: (List documents supporting change)
Contractor's estimates exhibits A-Q plus copy of Bid item #24
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price Original Contract Time
$ 870,916 252
daYI or dale
Previous Change Orders No. 1 toNo. 1 Net change from previous Change Orders
$ 14,141 39
dayo
Contract Price prior to this Change Order Contract Time Prior to this Change Order
$ 885,057 291
dayo or dale
Net Increase (decrease) of this Change Order Net Increase (doGRlase) of this Change Order
$ (25,491.87) 0
dayo
Contract Price with all approved Change Orders Contract Time with all approved Change Orders
$ 859,565.13_ 291.
daYlordale
RECOMMENDED: APPROVED: APPROVED: l()Al"~ \
:by(L?~ ~~ by ~¡Jø
EIIIiœu 0wIIeI'
Jerry Bahn Mayor Thomas Lynch ffrey Trammell
EJCDC No. 1910-8-8 (1983 Edition) City of Delray Beach
- .. .. ... . . .. -~-~ --.- -."... _-0 ,..._..____:____ _ I __ ~___ ~.....___ ...____;_.._....r_____.r___.__._^ÇA~",..,.
.' "
BREAKDOWN OF C&\NGE ORDER #2
Item
Number Amount
A +3,307.02
B +3,410.96
C <500.00>
D +1,749.00
E <850.00>
F +700.00
G +1,596.00
H +1,155.60
I +464.00
J <11,000.00>
K < 3,000.00>
L +593.00
M <546.00>
N <348.00>
0 <1,905.00>
P <1,088.00>
Q <1,110.45>
R +1,880.00
24 <20,000.00>
TOTAL (25,491. 87 >
RHW: mm
File: HWC02N06
..
THE POOLE AND KENT COMPANY
MECHANICAL CONTRACTORS A
1781 N.W. NORTH RIVER DRIVE MIAMI, FLORIDA 33125
(305) 325-1930
FAX (305) 324-0522
July 22, 1991
CH2M Hill
- 800 Fairview Drive, #350
Deerfield Beach, FL 33441
Attn: Mr. Jerry Bahn
RE: Delray Beach Emergency Wellfield Assessment
SEF 24708.EO
Our Job t/91601
C.O. #7
Bid Items #7, Revision #1
Gentlemen:
The following is a price breakdown for additional concrete used in the slab
for generator G-4-1 that was increased in size to 800 KW which enlarged the
size of pad from the size shown on drawing M-9.
1. 300 CY concrete ~ 60.00/cy. $1,800.00
2. Excavation 8 cy ~ 20.00/cy. 160.00
3. Formwork 132 sf ~ 5.00/sf 660.00
4. Re-bar 85 lbs. ~ .847/lb 72.00
5. Finishing 143 sf ~ .45/sf 64.00
6. Total 2,756.00
7. 20'1 Mark-up 551.20
8. Total additive change 3,307.02
The total additive amount for this change is $3,307.02.
We have proceeded with this revision as directed. Please forward a formal
change order so that our records maybe kept up to date.
If you have any questions, please contact the writer promptly.
Very truly yours,
,.
THE POOLE AND KENT COMPANY
MECHANICAL CONTRACTORS
1781 N.W. NORTH RIVER DRIVE MIAMI, FLORIDA 33125
(305) 325·1930 B
FAX (305) 324·0522
July 22, 1991
CH2M Hill
800 Fairview Drive, #350
Deerfield Beach, FL 33441
Attn: Mr. Jerry Bahn
RE: Delray Beach Emergency Wellfield Assessment
SEF 24708.EO
Our Job /191601
C.O. #7
Bid Items #7, Revision #1
Gentlemen:
The following is a price breakdown for adding fittings and mega-lugs for the
installation of the air stripper by passes due to differing condition from
that shown on contract drawings.
1. 2 - 16" 45 bend @. 501. 48 $1,002.96
2. 8 - 16" mega-lugs @. 102.00 816.00
3. 2 - 16" FIg X MJ adaptors @. 372.50 745.00
4. Tax 6'1 154.00
5. Labor 125.00
6. 2()f, Mark-up 568.00
7. Total additive change $3,410.96
The total additive amount for this change is $3,410.96.
If you have any questions, please contact the writer promptly.
Very truly yours,
.' ~" -
THE POOLE AND KENT COMPANY
- MECHANICAL CONTRACTO"S
-
1781 N.W. NORTH RIVER DRIVE lllAlIl. FLORIDA 33125
(3DS) 325.1.30
FAX (305) 324.0522 C-
May 17, 1991
CH2M Hill
800 Fairview Drive, fJ350
Deerfield Beach, FL 33441 .
Attn: Mr. Jerry Bahn
1m: De 1 ray Beach Emergency Wellfield Assessment
SEF 24708.EO
Our Job /J91601 - --- ._~_. - . . - - ~-, ,".- .-
c.o. Request #16
Bid Item 1123
Gentlemen:
The following is our price breakdown for installing the mðJlUdI transfer
switches on the Golf C9urse using the detail 104.
1. AllowðJlce $(5,000.00)
2. Manual transfer switches complete with stands
and concrete pad 3,750.00
3. 201 Mark-tJp 750.00
4. Total" ( $ ')00.00) .
The total amount of this c;\è~~.å\"echange 1s($500.00.)
If you wish to proceed with this change, please issue -an approved fonnal . --.._--
change order by June 10, 1991.
A request for 15 calendar days time extension will be added to the additional
time previously granted.
If you have any questions, please contact the writer promptly.
Very truly yours,
THE POOLE AND KENT COMPANY
,'-- ~~~
-1(r ~
¿,.,./ ffrey B. Trammell
JBT:kjr
.
.'
THE POOLE AND KENT COMPANY
MECHANICAL CONTRACTORS
------ 1781 N.W. NORTH RIVER DRIVE MIAMI, FLORIDA 33125
(305) 325.1930
FAX (305) 324-0522
July 01, 1991 D
CH2M Hill
800 Fairview Drive #350
Deerfield Beach, FL 33441
Attn: Mr. Jerry Balm
RE: Delray Beach Emergency Wellfield Assessment
SEF 24708 EO
Our Job ft91601
P&K C. 0 . /11 7
Gentlemen:
The following is a cost breakdown for adding ladders on the 6000 and 3000
gallon fuel oil tanks as requested.
1- 5' galv. ladder for 6000 gal. F.O. tank $ 348.00
2. Tax 21. 00
3. Labor to install ladder 2/MH ~ S25/hr. 50.00
4. Welder Min. 8/hrs. ~ S25/ltr. 200.00
5. Welding machine 200.00
6. Galv. ladder for 3000 gal. F.O. tank 509.00
7. Tax 30.00
8. Labor 2/MH ~ $25/hr. 50.00
9. Freight 50.00
10. Subtotal Sl,458.00
11. ~~'l;"'~;ãt*-ttp ,::::~.l~'
12. Total -"~1tS.0&··· ,
The total amount of this additive change is $1,749.00.
If you have any questions, please contact the wri ter prompt1~'.
Very truly yours,
THE POOLE AND KENT COMPANY
~
..
~ Jeffrey B. Trammell
]BT:Li:-
'1',1
,
.._ -.0
THE POOLE AND KENT COMPANY
MECHANICAL CONTRACTORS
1781 N.W. NORTH RIVER DRIVE MIAMI, FLORIDA 33125
(305) 325.1930 E
FAX (305) 324-0522
July 18. 1991
CH2M Hill
800 Fairview Drive. #350
Deerfield Beach. FL 33441
Attn: Mr. Jerry Bahn
RE: Delray Beach Emergency Well field Assessment
SEF 24708.EO
OUr Job #91601
P&K C .0. ifi8
CH2M Hill RFQ iF3
Gentlemen:
The following is a cost breakdown for deleting the 4" fuel oil piping fill
line. This breakdown will not include any piping or valves since these items
are unreturnable for credit.
1. Reaoving 4" piping T-4-1 - 2 men/6¡hrs ~ $25/hr.
2. Removing 4" piping T-3-1 - 2 men/4¡hrs ~ $25/hr.
3. Credit 4" piping T-S-l - 2 men/8¡hrs ~ $25/hr.
4. Credit 4" piping T-6-1 - 2 men/6¡brs ~ $ 25/hr.
5. Credit 4" piping T-9-1 - 2 men/6¡hrs ~ $25/hr.
6. Credit 4" piping T-8-1 - 2 men/7 ¡hrs ~ $ 25/hr.
7. Total Credit on labor
The total amount of credit for this change order 1s($850.00.)
If you have any questions, please contact the writer promptly.
Very truly yours.
THE POOLE AND KENT COKPANY
~
JBT:kjr
,---.,
THE POOLE AND KENT COMPANY
MECH...NIC"'L CONT.....CTO..S
1781 N,W. NORTH RIVER DRIVE MIAMI, FLORIDA 33125
(305) 325-1930 r---
FAX (305) 324-0522 \-
July 29, 1991
CH2M Bill
800 Fairview Drive, #350
Deerfield Beach, FL 33441
Attn: Mr. Jerry Bahn
RE: Delray Beach Emergency Wellfield Assessment
SEF 24708.EO
OUr Job #91601
Bid Item //10
Removing Existing U/G F/O Tank
North Pump Station
P&K ReO /1 \"
Gentlemen:
I have been informed by the owner that the existing underground fue I oil
storage tank is not 568 gallons as indicated but is 1500 gallon capacity.
The following is a cost breakdown for removing additional slab and excavation
of the North Pumping Station.
1. Remove additional slab base 16sf. $ ~68.00
2. Remove additional excavation 15cy. .-Iì 1 1.
3. Subtotal Dr\íì U v 1,4 0
4. 20'1 Mark-up I U ~ 29 .00
5. Total ..ount wT ~
The total amount for this change order is $1,787.00. OD
If you have any questions. please contact the writer prompt . ~ -',
.....;.---~ g¡-- /0"'., "1(
Very truly yours, d1f {.Iø.rYv-.- IfM~ r
THE POOLE AHD KENT COMPANY ( 10 do ørWpt. IJ't
~ y,£ L"" I
" ft 3'1/ ¡¡ V¡fI 0 / ¡J,1v
~ J.ef rey B. Tr.....ell }~ 11 f}O ./ v ?J%~(} , P
JBT:kjr ~oðL ---rr ~ W ~ A-Þ// )/:; /'
0'-fV {JP JrJ / f'WO
Jt1 'JOn ,()U ~
THE POOLE AND KENT COMPANY
MECHANICAL. CONTRACTORS
1781 N.W, NORTH RIVER DRIVE MIAMI, FLORIDA 33125
(305) 325-1930
FAX (305) 324-0522
September 6, 1991 G
CH2M Hill
800 Fairview Drive, #350
Deerfield Beach, FL 33441
Attn: Mr. Jerry Bahn
RE: Delray Beach Emergency Wellfield Assessment
SEF 24708.EO
Our Job 1;91601
Additional Sod
P&K CO IF ~ 0
Bid Item #18
Gentlemen:
The contract only allows a quanity of 1200jsf of sod to be placed at contract
price. As per your letter dated August 22, 1991, additional sod of 3325jsf is
to be placed at unit price bid of $.48.
The total amount of this change is $1,596.00.
If you have any questions, please contact the writer promptly.
Very truly yours,
THE POOLE AND KENT COMPANY
~
Jeffrey B. Trammell
THE POOLE AND KENT COMPANY
MECHANICAL. CONTRACTORS
1781 N.W. NORTH RIVER DRIVE MIAMI, FLORIDA 33125
(305) 325-1930
FAX (305) 324·0522
September 26, 1991
h
CH2M Hill
800 Fairview Drive. ~350
Deerfield Beach, FL 33441
Attn: Mr. Jerry Bahn
RE: Delray Beach Emergency Wellfield Assessment
SEF 24708.EO
Our Job 1F91601
Landscaping
P&K CO 1F21, Revision #1
Gentlemen:
As per your request on August 28, 1991, the following is a cost breakdown to
change the scrubs to Jasmine and for additional scrubs and mulch bed to
surround the extra footage of fencing installed.
1. Original scrubs (Olenders) 188 @ $3.50/ea. ($ 658.00)
2. Jasmine scrubs being substantial 188 @ $5.75/ea. 1 , 081. 00
3. Additional Jasmine scrubs 61 @ $5.75/ea. 351.00
4. Additional mulching 4/cy @ $47.33 189.00
5. P&K Mark-up 20t 192.00
6. Total amount $1,155.60
If you have any questions, please contact the writer promptly.
Very truly yours,
THE POOLE AND KENT COMPANY
B. Trammell
~ J
f
/
I :-.:^ .
'., \' ' , .,\ J' _~'
i'/
/
THE POOLE AND KENT COMPANY
MECHANICAL CONTRACTORS
1781 N.W. NORTH RIVER DRIVE MIAMI, FLORIDA 33125
(305) 325-1930
FAX (305) 324-0522 I
September 9. 1991
CH2M Hill
800 Fairview Drive. #350
Deerfield Beach, FL 33441
Attn: Mr. Jerry Bahn
RE: Delray Beach Emergency Wellfield Assessment
SEF 24708.EO
Our Job #91601
P&:K CO #23
Additional Decorative Fencing
Gentlemen:
As per our original quote on the reference project only 100 L.F. of fencing
was allowed. The total amount of extra fencing used is 29 L.F. more than the
amount in Poole &: Kent's change order #12, revision #1. dated May 16. 1991.
The total amount of this change is $464.00. This amount must be added to the
contract amount by final change order.
If you have any questions, please contact the writer promptly.
Very truly yours.
THE POOLE AND KENT COMPANY
· '
THE POOLE AND KENT COMPANY
MECHANICAL. CONTRACTORS
1781 N,W. NORTH RIVER DRIVE MIAMI, FLORIDA 33125
(305) 325-1930
FAX (305) 324-0522
September 10, 1991 3
-------
CH2M Hill
800 Fairview Drive, #350
Deerfield Beach, FL 33441
Attn: Mr. Jerry Bahn
RE: Delray Beach Emergency Wellfield Assessment
SEF 24708.EO
Our Job Ü91601
P&K CO #24
Bid Item #14, Disposing of affective soil
Gentlemen:
During the excavation and removal of the existing underground storage tanks,
affected soil was not encountered. Therefore, the use of bid item #14, paying
for transportation treatment/disposal of affected soil was not used.
The Poole & Kent Company offers to the owner full credit in the amount of
($11,000.00) as indicated in the contract bid documents.
The above amount mustœ deducted from the contract amount by final change
order.
If you have any questions, please contact the writer promptly.
Very truly yours,
THE POOLE AND KENT COMPANY
B. Trammell
~
THE POOLE AND KENT COMPANY
MECHANICAL CONTRACTORS
1781 N.W. NORTH RIVER DRIVE MIAMI, FLORIDA 33125
(305) 325-1930
FAX (305) 324-0522 K
September 10, 1991
CH2M Hill
800 Fairview Drive, #350
Deerfield Beach, FL 33441
Attn: Mr. Jerry Bahn
RE: Delray Beach Emergency Wellfield Assessment
SEF 24708.EO
Our Job #91601
P&K CO 1125
Bid Item #15, Disposing of free liquid
Gentlemen:
During the excavation and removal of the existing storage tanks, free liquid
was not encountered. Therefore, the use of bid item #15, paying for
transportation and disposal of free liquid was not used.
The Poole & Kent Company offers to the owner full credit in the amount of
(S3,000.00) as indicated in the contract bid documents.
The above amount must be deducted from the contract amount by final change
order.
If you have any questions, please contact the writer promptly.
Very truly yours,
THE POOLE AND KENT COMPANY
THE POOLE AND KENT COMPANY
MECHANICAL. CONTRACTORS
1781 N.W. NORTH RIVER DRIVE MIAMI, FLORIDA 33125
(305) 325-1930
FAX (305) 324-0522
September 10, 1991 L
CH2M Hill
800 Fairview Drive, #350
Deerfield Beach, FL 33441
Attn: Mr. Jerry Bahn
RE: Delray Beach Emergency Wellfield Assessment
SEF 24708.EO
Our Job #91601
P&K CO #26
Bid Item #15A, Transferring of diesel fuel
Gentlemen:
During the transferring of diesel fuel from the existing storage tanks, an
additional 1186 gallons was transferred over the 2000 gallons allotted in the
contract bid documents. The total additional amount of this change is
$593.00.
The above amount must be added to the contract amount by final change order.
If you have any questions, please contact the writer promptly.
Very truly yours,
THE POOLE AND KENT COMPANY
THE POOLE AND KENT COMPANY
MECHANICAl. CONTRACTORS
1781 N.W, NORTH RIVER DRIVE MIAMI, FLORIDA 33125
(305) 325-1930
FAX (305) 324-0522 ~I\
September 10, 1991
CH2M Hill
800 Fairview Drive, #350
Deerfield Beach, FL 33441
Attn: Mr. Jerry Bahn
RE: Delray Beach Emergency Wellfield Assessment
SEF 24708.EO
Our Job #91601
P&K CO #27
Bid Item #17, Pedestrian Gate
Gentlemen:
The Poole & Kent Company offers to the owner credit for one pedestrian gate at
contract unit price as indicated in contract bid documents in the amount of
($546.00) .
This amount must be deducted from the contract amount by final change order.
If you have any questions, please contact the writer promptly.
Very truly yours,
THE POOLE AND KENT COMPANY
"'"
THE POOLE AND KENT COMPANY
MECHANICAL CONTRACTORS
1781 N.W. NORTH RIVER DRIVE MIAMI, FLORIDA 33125
(305) 325-1930 ~\
FAX (305) 324-0522
September 10, 1991
CH2M Hill
BOO Fairview Drive, #350
Deerfield Beach, FL 33441
Attn: Mr. Jerry Bahn
RE: Delray Beach Emergency Wellfield Assessment
SEF 2470B.EO
Our Job #91601
P&K CO #28
Bid Item #19, Seed
Gentlemen:
The Poole & Kent Company offers to the owner credit for seed not used in the
amount of ($348.00) as indicated in contract bid documents.
This amount must be deducted from the contract amount by final change order.
If you have any questions, please contact the writer promptly.
Very truly yours,
THE POOLE AND KENT COMPANY
B. Trammell
01
THE POOLE AND KENT COMPANY
MECHANICAL CONTR ACTORS
1781 N.W. NORTH RIVER DRIVE MIAMI, FLORIDA 33125 0
(305) 325-1930
FAX (305) 324-0522
September 10, 1991
CH2M Hill
800 Fairview Drive, #350
Deerfield Beach, FL 33441
Attn: Mr. Jerry Bahn
RE: Delray Beach Emergency Wellfield Assessment
SEF 24708.EO
Our Job #91601
P&K CO #29
Bid Item ~20, Granular fill
Gentlemen:
The Poole & Kent Company offers to the owner credit on granular fill not used
in the amount of 127 ton ~ 15.00/T for a total amount of (51,905.00).
This amount must be deducted from the contract amount by final change order,
If you have any questions, please contact the writer promptly.
Very truly yours,
THE POOLE AND KENT COMPANY
. . .
THE POOLE AND KENT COMPANY
MECHANICAL CONTRACTORS P
1781 N.W, NORTH RIVER DRIVE MIAMI, FLORIDA 33125 ¡
(305) 325-1930
FAX (305) 324-0522
September 10. 1991
CH2M Hill
800 Fairview Drive, #350
Deerfield Beach. FL 33441
Attn: Mr. Jerry Bahn
RE: Delray Beach Emergency Wellfield Assessment
SEF 24708.EO
Our Job /191601
P&K CO #30
Bid Item #16, Chain Link Fence
Gentlemen:
The Poole & Kent Company offers to the owner credit for link fencing not used
in bid item 16 in the amount of ($1,088,00) for 68/L.F. of fencing.
This amount must be deducted from the contract amount by final change order.
If you have any questions, please contact the writer promptly.
Very truly yours.
THE POOLE AND KENT COMPANY
. ' . .
THE POOLE AND KENT COMPANY
MECHANICAL.. CONTRACTORS
1781 N.W. NORTH RIVER DRIVE MIAMI, FLORIDA 33125
(305) 325-1930
FAX (305) 324-0522
September 12, 1991
CH2M Hill Q
800 Fairview Drive, #350
Deerfield Beach, FL 33441
Attn: Mr. Jerry Bahn
RE: Delray Beach Emergency Wellfield Assessment
SEF 24708.EO
Our Job #91601
P&K CO #31
Bus Duct
Gentlemen:
The Poole & Kent Company offers the following credit for labor and material
involved in installing the bus duct system. Since the bus duct was a special
order, the manufacturer will not offer any credit for this item.
1. Two (2) transition sections 5 474.29
2. Labor 28/hrs. @ 22.72/hr. 636.16
3. One lot of bus duct -0-
4. Total credit amount 5(1,110,45)
The above amount must be deducted from the contract amount by final change
order.
If you have any questions, please contact the writer promptly.
Very truly yours,
THE POOLE AND KENT COMPANY
B. Trammell j;¡F
O'?-j ~ wJJ ~ ~ CJ1J'€A-
~ ~~ ~.
. AUG 16 '91 15:49 P,2/::::
" ..
:~ - ,-
(2
_ NUTTING . . ' :1
IE ENVIRONMENTAL PrepurchaseAssessm~n1s Ii
Environmental Site ReyißW$ , '
OF FLORIDA,INC. Hydrogeology:· Monit~ri~g:,..,~tI~
, , II, ,
. " :',3 ',:,(:>i '<!', '"
QUOTE " :
TO: CH2M Hill DAn: August 16, 199i ·-,t'
, 300 Fairway Driv~, QUOTE: LBS191.;14
I Suite #300
"Deerfield Beach. FL 33441
, Attn: Curtis Willis phone: (305)426..5112 Fax: (305)698-6010 ,
!
,i
Groundwater Samplingl Analysis for City of Delray Beach Utilities, ,;
,Re:
. Emergency W'et1(ield Evaluation SEF 24708.E1'
, i
Scope: Nutting Environmental of Florida. Inc. will provide allla.bor. materials and equipmen t:
per our approved state QA/QC plan to drill, sample and analyze groundwater samples, '
from four separate locations at the Detray Beach Water Plant (Swinton Ave.) as
follows:
Task 1#'1; Auger Boring/ Sample Collection
I :',
, . ',:'"
A) Mobilization of drill rig and OSHA trained crew ,
i ,
and Decon equipment - utilities cleared by client $100.00 ¡
i
i .r
B) 4 1/4u HSA Auger boring at former Wlk site to .,
I:
watertable ± 25 feet deep. insertion of stainless
steel wellpoint, purge and collect a water sample by
Teflon bailer per apPl'oved QA/Q!:, methods I',:
Rate; SW.OO/ft. x 100 ft. (4 borings) 10f'JO.OO¡ .;' "
C) Steam cleaning of augers. wellpoint) tools "
, , ,
$60.00/ hour x 1 hour 60.001
D) Transport of water samples byChain of Custody ,
to Nutting's state approved lab-Boynton Beach N/G,
Task #2 Lab Anatysis (Water)·
A) Testeach water sample by EPA method:
602 @ $100.00 ea. x 4
610 @ $155;00 ea. x 4 !~:' 1).01'
Task #3 Rep(lrt Preparation
Document procedures/ observations, results andconc1uSions I
of a.bove tasks $~~~ ~
estimat8d total:
J
Deliver report within 3 weeks of autborization date ï
Page 1 of 2
"
1310 NEP1Ur-., URII¡L:· BOYNTON BEACH. FLORIDA 33426 .'
Boynton Beach (407) 732"7~'oo . Pompano Boach (305) 782·7200' FAX (407) 737-9975
n F; -) !~', -. '.1 I 114 . "~ PM P ,-,
,- AUG 16 '91 15:50 P.3/3.
.
~ ,~ .,
, '
.
.. ,
AccOls t~rDi.: Enaineer to provide access/ utility clearance; , ..
' Nutting not resøonsible for damage to u:ùdergroun4 utilities due to fallure
to locate. All sites must be accessible by truck mounted rig under own power;
Terms: Balauce due upon receipt of invoice. ,.
Delt'YfJl')': SCheduled upOn receipt of acceptance, '
. ""
~. , , "
Late "P.ym~t: Failure to make fuU payment within 30 days of invoice date constitutes a defaUlt. an<l; ";' r.
entitles NEF to assess al 1/2% service charge per month on the outstaJ,1ding balance. j :: :.:
Collection and legal fees associated with accounts outstanding 60 days or more are th" " ,... ,
responsibiHty of the client. '
~~;:::OFF IDA1 INC. !
,
Te . Lawrence, ice President
i
I'
, !
,
, i
! . ~
~. :
I/we-accept the above propOsition at the prices shown, subject to the terms and conditions specified'
above,
:
Authorized Signature(s) ,
Date:' , '
",
I,
'I
\pm\CH2MHILL_
Page 2 of 2
~
. NUTTING
. ENV.IRONMENTAl . ~ !
' OF Fl.ORIDA, INC.
.! .
I I~. '-I 1 '-11 '-'¡- p"},r r,
... , )\LLo\V;îNŒ
DB24~
~
Item Quan. Yrill UP ( Figl Unit Price (Wordsl E xt . Tot a 1 t
~
-
17. Pedestrian gate
( 3 ' x7 ' )
00 H V e: \-\u t.JþQ£O rotl..1Y , O<t2
2 EA $ 5~' $
t
~ X t:'o\LA~S
la. Sod
1,200 SF $ . "",6 f"0fZ.."í,-/ ElC\"' C£tJT'Ç' $ 57C:, ,
19. Seed
1,200 SF $ .2" "-we:MT'I ÑI ve: ~íS $ :345
20. Granular fill
DO F\f"íe:EtJ \)o\\A.a5 2,1...':>C
ISO TON $ 'So $
21. Manual transfer switch,
260 amps, in enclosure
with receptacle mounted
on side
00
7 EA $ 5,OCX)' MVe:\~tJ() ~UAAs $ 35,ðOC
22. Portable sump pump
uo ~5Ø.. ,
I EA $~50' tDuL. \'\o..,on.a> ft FT,/ \>o/kns$
TOTAL OF EXTENDED TOTAL AMOUNT FOR UNIT
PRICE ITEMS LISTED ABOVE $ 5 7, <=t IG,
TOTAL $ 345, 9/"
,
Installation of Manual
Transfer Switches
and Receptacles at Golf
Course Well Field $ 5,000
Miscellaneous Items
TOTAL 'éAsa ALLOWANCES
TOTAL OF LUMP SUM, UNIT
PRICE ITEMS, AND CASH -
ALLoWANCES $ "81ð 9/~
.
IX.oIJe.."'\- ~>"\. c.uw~(J
7(REV.)
. .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf~
SUBJECT: AGENDA ITEM # c¡ F - MEETING OF NOVEMBER 19, 1991
AUTHORIZATION TO TRANSFER PRIOR YEAR SURPLUS STORMWATER
UTILITY FUNDS
DATE: NOVEMBER 14, 1991
This item is before you to authorize the transfer of $55,000 from
the prior year (90/91) surplus stormwater utility funds in order
to fund miscellaneous drainage projects at S.E. 8th Street, the
intersection at N.E. 8th Street and Palm Trail, and the
intersection at N.E. 4th Avenue and N.E. 2nd Street. These
projects were budgeted in fiscal year 1990/91; however, as the
work was not able to be performed prior to year's end, the funds
lapsed.
Recommend approval of request to transfer $55,000 from prior year
surplus stormwater utility funds (Account No. 448-0000-301-49.00)
to Drainage Phase I (Account No. 448-5411-538-62.16) .
Agenda Item No.:
AGENDA REQUEST
Date: October 25, 1991
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: November 12, 1991
Description of item (who, what, where, how much): ~prnpri;:¡t~ fllnihd55,OOO.)
from prior year surplus (90-91) to complete Drainage Phase I whic includes miscellaneous
drainage projects at S.E. 8th St. and the intersections at N.E. 8th St. & Palm Trail
and N.E. 4th Ave. & N.E. 2nd St. Funds were not encumbered as of 9/10/91 and the
prnjprT i~ nnw rp;:¡rly Tn gn Tn hirl
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES f.@ Draft Attached: YES/NO
Recommendation:
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55) . 4V¿A -- ---__ß
Department Head Signature: ,,( r/fl
.
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO (if applicable)
Funding alternatives:
Account No. & Description: 448-0000-301.49-00 Prior Year Surplus
Account Balance: $211,270
City Manager Review:
Approved,for agenda: (~/ NO 1:;v/1
Hold Unt11: - L '
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
,
.
. City of Delray Beach
Departmental Budget Transfer<Amendmen t)
(1) Departmental Une Transfer (2) Date October 22, 1991
(3) InterfundllnterdepartmentaJ Transfer (4) Batch Number ¿~/ êS))
/
(5) Requested By: Environmental Services Department
-
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER_~.N
448-5411-538-62.16 Drainage Phase I 37,680
448-5~11 343 61.00 Prior Year Surplus 37,680
06>00 3 () I Lff 06
~
,
(10) TOTAL 37,680
JUSTIFICATION: This project was not completed in FY91 and monies were not encumbered.
The project is ready to go to bid now, and the funding needs to be brought forward
from the prior year surplus. The amount should be brought forward on the revenue
side as well as the budQ:et side.
/ ~
Department Head /~./ ~ ~ L;../ Asst City Manager
/ ~ I
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
\~,~t.~·~~,,'~~J-R1 ,~t':'~ C'/í,t-!AI'::I"--!:'!! !:=' P'NK=DEI:'" I\p""~~':':~''r
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tf.JJ./i
SUBJECT: AGENDA ITEM #: (G - MEETING OF NOVEMBER 19, 1991
AUTHORIZATION TO SUBMIT GRANT APPLICATIONS
DATE: November 15, 1991
This item is before you to authorize staff to submit grant
applications to the Florida Department of Health and Rehabilitative
Services for matching funding, for fiscal year 1992/93, in the
amounts of $90,000 and $6,988 to be used to purchase two (2)
emergency rescue vehicles and extrication equipment.
This is a 50/50 matching grant program. The City's match will be
requested during the budget process for fiscal year 1992/93. The two
emergency rescue vehicles will replace existing units.
The proposed equipment purchase is consistent with the City's
Comprehensive Plan, as amended.
Recommend approval of request to submit grant applications to the
Florida Department of Health and Rehabilitative Services for grant
funding from Fiscal Year 1992/93 in the total amount of $96,988.
,
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: November 4. 1 qq 1
X Regular Agenda (Consent)
Special Agenda
Workshop Agenda When: November 19. 1991
Description of item (who, what, where, how much): Approval to submit two
applications to the Florida Department of Health and RehabilitAtion SprvicP~r Office
of F.mprgenr.y Medical ServiceR. for mATching- funds for Tnp folloT.dng. Appl;,.."'t-;QJJ. #1.
Two Emergencv Rescue Vehicles - $90.000. Application #2. ExtricATion F-Ql1ipmpnt- - $6.988
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLU'l'ION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Approval. Matching City funds will be requested in Fire Departments
1992-93 budget.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature: \(~ ~. \L. .
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:
......~ A
Approved. f~r agenda: ( y~/ NO c~ /!
/' j
Hold Unt1l. - l '
Agenda Coordinator Review: lI¡rø hI
Received:
Placed on Agenda:
Action: Approved/Disapproved
·
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Kerry B. Koen, Fire Chief
DATE: November 4, 1991
SUBJECT: Request to submit State E.M.S. Matching Grant Proposals
As you know, the City of Delray Beach has been an active participant in
the matching grant program through the Florida Department of Health and
Rehabilitation Services, Office of Emergency Medical Services. Over the
past four years, we have obtained over $217,000 in grant funds from this
source. These matching funds have assisted in expanding and improving
our EMS capabilities. This year, our staff is requesting City Commission
approval to submit the following grant applications.
APPLICATION 1:
Item(s): Two Paramedic Rescue Vehicles
Grant Funding Request: $90,000
We are requesting two paramedic rescue units configured for transport
capabilities. These vehicles are intended to enhance Emergency Medical
Service by increasing the load carrying capabilities of this type of
equipment, increase safety, as well as reduce maintenance cost.
This grant requires a 100% match of funds. The total cost of the project
will be $180,000. The matching funds will be requested in next year's
operating budget request under Capital Replacement-Automotive. These
units will replace two existing units with no increase in the size of
the fleet.
APPLICATION 2:
Item(s) : Hydraulic Extrication Equipment
Grant Funding Request: $6,988
We are requesting additional hydraulic extrication equipment to assist
with the rapid removal of victims from vehicular accidents and other
types of entrapment.
This grant requires a 100% match of funds. The total cost of this
project will be $13,976. The matching funds will be requested in next
year's operating budget under Capital Outlay-Equipment.
..
MEMORANDUM: Approval to submit proposals
November 4, 1991
Page 2
It should be noted that the above two proposals are in general
conformity with the public facilities element, objective D-1 of the
City's Comprehensive Plan as amended. These proposals have been
developed and processed with the assistance of the City's
Grants/Training Coordinator and Division Chief Trawick.
DGR/EMS92 \(~ 'f;'\l ,
attachment Kerry B. Koen
Fire Chief
cc: Douglas Trawick, Division Chief
Douglas Randolph, Grants/Training Coordinator
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [if/!
SUBJECT: AGENDA ITEM #: f-.H - MEETING OF NOVEMBER 19, 1991
ACCEPTANCE OF GRANT FUNDING/RECYCLING PROGRAM
DATE: November 15, 1991
This item is before you to accept grant funding in the amount of
$54,847.91 from the Solid Waste Authority in support of our recycling
program.
The grant conditions remain basically the same as year three with one
exception; all expenditures must be completed by August 31, 1992.
We had received earlier reports which indicated that the City might
receive an additional allocation of $40,000 - $60,000. This
information was based on the earlier population figures which showed
that our City population exceeded 50,000. However, because of
variations in the population count we received approximately $3,065
less than last year.
Recommend acceptance of grant funding in the amount of $54,847.91
from the Solid Waste Authority in support of our recycling program.
~"I
·
Agenda Item No.:
AGENDA B.BQUEft
Date: October 28, 1991
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: November 12. 1991
Description of item (who, what, where, how much): Request City Commission
acce t a rant award in the amount of 54 847.91 from the Solid
Waste Authority. These funds will be uti ize or education, promotion, an
expansion of the City's Recycling and Education Program. This grant is for year
TV
(Example: ,Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCEI RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation:
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature: ~ff~ ~
f / ',~
City Attorney Review/ Recommendation (if applicable):
.'
.
Budget Director Rev iew (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: @/ NO? l'-/Î
Hold Until:
Agenda Coordinator Review: ~.
Received:
Placed on Agenda:
Action: Approved/Disapproved
·
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~
SUBJECT: ACCEPTANCE OF SOLID WASTE AUTHORITY GRANT AWARD
DATE: NOVEMBER 12, 1991
ITEM BEFORE THE COMMISSION:
- -
Request to accept grant award as proposed by the Solid Waste
Authority.
BACKGROUND:
Notification has been received from the Solid Waste Authority
that the City of Delray Beach has been awarded $54,847.91 for
year four of our Recycling and Education Program. These funds
will be utilized for education, promotion and expansion of our
Recycling Program.
We are disappointed with earlier reports which indicated that we
might receive an additional allocation of between $40,000 and
$60,000. This information was based on the earlier population
figures which showed Delray Beach to have exceeded the magical
50,000 mark. The amount of allocated funds, once the yearly
application is accepted, is based on population. In fact, this
year we were allocated $3,065 less than last year due to
variations in population count.
RECOMMENDATION:
We would recommend that the City Commission accept the $54,847.91
grant award as proposed by the Solid Waste Authority, pursuant to
imposed grant conditions.
LB:DQ
d11
SWAGrant.CC
'"
·
SOLID WASTE AUTHORI1Y
OF PALM BEACH COlJNTI
7501 ;'\orth Jog Road
West Palm Beach, Florida 33412
Telephone (407) 640-4000
October 17, 1991
Mr. steve Hiney
city of Delray Beach
100 N.W. 1st Ave.
Delray Beach, Florida 33444
Dear Recycling Coordinator:
The Solid Waste Authority of Palm Beach County is pleased to notify
you of the Fourth Year Recycling and Education Grant award
allocation.
The grant conditions remain basically the same as year three with
one exception. Please note that all expenditures must be completed
by August 31, 1991 since we are required to send our final
reimbursement request to the Florida Department of Environmental
Regulation (DER) a month earlier this year. Also, we strongly
encourage you to report your expenditures in the quarter that they
occur.
Enclosed is the Offer and Acceptance form that must be signed by an
authorized representative and returned to me before any
reimbursement request can be processed.
We appreciate your efforts and continued success in your recycling
program. If you have any questions or need clarification of the
reimbursement process, please call me at (407) 471-2700.
Sincerely,
;;t:¡~j;j., /JJ IV~/
Lel.g~ Murphy l
Grant/Budget Specialist
Recycled Paper
, -
SOLID WASTE AUTHORIlY
OF PALM BEACH COUNTI
7501 North ,Jog Road
West Palm Beach, Florida 33412
Telephone (407) 640-4000
RECYCLING AND EDUCATION GRANT AGREEMENT
PART I - GRANT NOTIFICATION
1. Grant Number: RE92-49-27033
2. Date of Award: October 14, 1991
3. Grant Title: SOLID WASTE RECYCLING AND EDUCATION GRANT
4. Grant Period: October 1, 1991 - September 30, 1992
5. Grant Amount: $54,847.91
6. Grantee: City of Delray Beach
100 N.W. 1st Ave.
Delray Beach, Florida 33444
7. Contact Person:
Name: Steve Hiney
Address: 100 N.W. 1st Ave.
Delray Beach, Florida 33444
Phone: (407) 243-7138
8. Total population of Grantee from official April 1, 1990
Population Estimates: 47,181
9. Issuing Office:
Office of Recycling
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, FL 33412 (407) 471-2700
Recycled Paper
·'
PART II - GRANT CONDITIONS
1. The method of payment for the period October 1, 1991
through August 31, 1992, will be on a reimbursemen't basis
only.
2. The grantee shall submit payment requests on a quarterly
basis. An original of the payment request, with
summaries and appropriate contracts attached, shall be
due on the 10th day of the month following the reporting
period. .
3. Grant funds may be obligated for allowable expenditures
until August 31, 1992. The grantee may expend grant
funds and liquidate obligations until August 31, 1992.
4. Expenditures shall be limited to allowable items as
listed in Section 17-716.430 of the Solid Waste Grants
Program Rule:
a. Solid waste recycling grants shall be used to
provide funding for recycling program capital
costs, which include equipment purchases,
solid waste scales, facility construction and
other such costs approved by the State of
Florida Department of Environmental
Regulation.
b. Grant funds may also be used for temporary
operating subsidies, provided that the
applicant shall demonstrate that such a use is
necessary f.or the success of the recycling
program, and' shall show how the subsidy will
benefit tþe' program. The applican'!:;,:shall also
demonstrate that the subsidy is t~1nporary by
providing reasonable assurance: that the
program will be able tp operated . without a
subsidy from this grant~program by October 1,
. .
1993.
c. Recycling grant funds shall be used for
projects to assist local governments in
recycling paper, glass, plastic, construction
and demolition debris, white goods, and metals
and in composting and recycl ing the organic
material component of municipal solid waste.
d. Solid waste education grant funds shall be
used to promote recycling, volume reduction,
proper disposal of solid wastes, and market
development for recyclable materials. Up to
.¡,, .
·
30 percent of grant funds may be used for
planning studies to assess the feasibility and
success of the recycling and education
programs.
e. All existing public and private recycling
infrastructure shall be fully used 'to the
extent possible when planning and implementing
the local government recycling program. Funds
shall not be used for duplicating existing
private and public recycling programs unless
the applicant demonstrates that such existing
programs cannot be integrated into the planned
recycling program.
6. Each recipient of grant funds shall maintain accurate
records of all expenditures of grant funds and shall
assure that these records are available at all reasonable
times for inspection, review or audit by state of Florida
Department of Environmental Regulation personnel and
other personnel authorized by the Department. Records
shall be kept for a period of at least 3 years following
the end of the grant period. The grantee agrees that it
will expeditiously initiate and complete the program work
for which assistance has been awarded under this
agreement in accordance with all 'applicable provisions of
Florida statutes and the Florida Administrative Code.
7. The state of Florida Department of Environmental
Regulation has the right to terminate a grant award and
demand refund of grant funds for non-compliance with the
terms of the award of the Solid Waste Grants Program Rule
17-716. Such action may also result in the Department
declaring the local government ineligible for further
participation in the program until the government
complies with the terms of the grant award.
8. Allowable costs incurred on or after the bU4get period
start date, October 1, 1991, may be charg~d to this
agreement.
9. Grant funds shall be included in the granteè's Annual
Audit performed under the Single Audit',Act (A128). Any
subgrants made by the grantee shall' 'also include a
provision for the subgranted funds to: be included in the
subgrantee's Annual Single Audit.
10. Grantee shall obtain all necessary construction-related
permits before initiating construction.
11. The State of Florida's performance and obligation to pay
under this grant agreement is contingent upon receipt of
funds presently anticipated from the Florida Department
of Revenue.
·
SOLID WASTE AUTHORITY
OF PALM BEACH COGXTI
7501 :'\orth .Joµ; Road
West Palm Beach, Florida 83412
Tckphonc (407) 640-4000 121
OFFER AND ACCEPTANCE
The Solid Waste Authority, acting by and through the State of
Florida Department of Environmental Regulation, hereby offers
assistance to the local government of the City of Delray Beach for
all allowable costs incurred up to and not exceeding $54,847.91.
Grant Application dated August 30, 1991 included herein by
reference.
THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY:
¿~J.A'~ /4-/,r:,./
Timothy F. Hunt, Jr. Date
Executive Director
In accepting this award and any payments made pursuant thereto, (1)
the undersigned represents that he/she is duly authorized to act on
behalf of the recipient municipality, and {2} the recipient agrees
to the general and special conditions as outlined under Part II -
Grant Conditions.
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT MUNICIPALITY:
signature of Authorized Representative Date
Please return to:
Office of Recycling
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, FL 33412
Reevclcd POI""
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERL~
SUBJECT: AGENDA ITEM #: I'" ']: - MEETING OF NOVEMBER 19, 1991
AUTHORIZATION TO ERECT SIGNS IN THE CITY'S RIGHTS-OF-WAY
DATE: November 15, 1991
We have received a request from the Police Department for
authorization to erect signs in the City's rights-of-way in
conjunction with the D.A.R.E. 5K Run/Walk being held on Saturday,
November 30, 1991.
Section 4.6.7 (D}(3}(j) of the Land Development Regulations provides
the authority for this action. The purpose of this event is to
promote our local D.A.R.E. program which deals with the essential
subject of drug education in our local schools. The signs will be
placed in the medians from Saturday, November 23rd, until after the
event.
Recommend approval of the request from the Police Department to erect
signs in the City's rights-of-way in conjunction with the D.A.R.E. 5K
RunjWalk.
.
. Agenda tt¡em No.:
}.GENDA REQUEST
Date: 11/12/91
Request to be placed on:'
X Regular Agenda
Special Agenda Workshop Agenda
When:
Description of agenda item (who, what, where, how mucht:
Special event sign approval required for medians throughout Delray each
D.A.R.E. SK Run/Walk on November 30, 1991
ORDINANCE/ RESOLUTION REQUIRED: Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~U-- - ---------~
Determination of Consistency with Comprehensive Plan:
City Attorney Reviewj 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:
'~ 1
Approved for agenda: yfs)/ NO,?J¡V/
Hold Until: c__^ .' !
Agenda Coordinator Review: I[f,'-/(~?- .
Received:
Action: Approved/Disapproved
·
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER ,~
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
SUBJECT: SPECIAL EVENT ACTIVITY REQUEST FROM THE POLICE
DEPARTMENT ¡PERMISSION TO ERECT SPECIAL EVENT SIGNS IN
THE MEDIANS THROUGHOUT DELRAY BEACH
DATE: NOVEMBER 12, 1991
ITEM BEFORE THE COMMISSION:
- -
Request from the Community Relations Section of the Delray Beach
Police Department to erect special event signs within medians
throughout Delray Beach beginning on Saturday, November 23rd, for
its second Annual D.A.R.E. 5K Run/Walk to be held on Saturday,
November 30, 1991.
BACKGROUND:
Pursuant to Section 4.6.7 (D) (3) (j), special event signs are
allowed to be erected one week prior to the event. Commission
approval to place signs within right-of-ways is required. All
signs approved must be less than 20 sq. ft. in size.
The purpose of this event is to promote our local D.A.R.E.
Program which deals with the essential subject of drug education
in our local schools.
RECOMMENDATION:
We would recommend City Commission approval of this request from
the Delray Beach Police Department to place special event signs
inviting the public to a 5K Run/Walk on November 30, 1991 within
various medians.
LB:DQ
D11
DARE.CC
~
Delray Beach Police Department i!
300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 _ .
(407) 243-7888 Fax (407) 243-7816
MEMORANDUM
TO: Director Lula Butler
Community Improvement
FROM: Sergeant Ross Licata ~
Community Relations Section
THRU: Chief Richard G. Overman ~
DATE: November 11, 1991
SUBJECT: D.A.R.E. RUN
On Saturday. November 30. 1991 , the Delray Beach Police
Department will be hosting the Second Annual D.A.R.E. 5K
RunjWalk. The purpose of this event is to promote our local
D.A.R.E. Program which deals with the essential subject of drug
education in our local schools. The children of our community
will some day be subjected to the pressure of using illegal
substances, and it is our intent through the D.A.R.E. Program to
prepare them for that most difficult time.
r am requesting permission to place signs at strategic
intersections/medians in town to promote the D.A.R.E. run and
encourage participation from citizens citywide. Please let me
know if this can be done.
Thank you in advance for your help.
vIs
cc: Major W.H. Cochrane
RECEIV~O
tØ 1 1 91
~ COMMUNITY JètI DEMENT
J'- -...~,
~¡II'\~ ADMINtSTItATION
~~1iI:~:
~...~~
_\"to ;"í_
--.....,--
. a.
AN INTERNATIONAllY ACCREDITED lAW ENFORCEMENT AGENCY
~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt!¡v~
SUBJECT: AGENDA ITEM #: CZ" \r - MEETING OF NOVEMBER 19, 1991
AUTHORIZATION TO PURCHASE EQUIPMENT/POLICE DEPARTMENT
DATE: November 15, 1991
This item is before you to authorize the purchase of Sure-Fire
Flashlites ( 150) , car chargers ( 85 ) , holsters ( 150), and batteries
(20) from Harrison Uniform Co. in the amount of $18,037.50.
The Sure-Fire Flashlites are smaller and lighter than the flashlights
currently in use by the Police Department. Funding will be
appropriated from the Law Enforcement Trust Account. A detailed
staff report is attached as backup material for this item.
Recommend approval of the request to purchase Sure-Fire Flashlites
( 150), car chargers ( 85 ) , holsters ( 150), and batteries (20) from
Harrison Uniform Co. in the amount of $18,037.50 and authorize the
transfer of funds from the Law Enforcement Trust Fund (Account
112-0000-301-12.00) to (Account No. 112-2172-521-35.15).
1/ Ii _ '!1-...)'1.,~-..: ""-1'"
D~~rW~s~At~:~~~e ~:~:Y~~C?F~~~~4~=:nt ~ «
(407) 243-7888 Fax (407) 243-7816
MEMORANDUM
TO: David T. Harden, City Manager ,
FROM: Richard G. Overman, Chief of Police
DATE: October 29, 1991
SUBJECT: SURE-FIRE FLASHLIGHT SYSTEM
Attached is background information and justification for the
Police Department making a transformation from our present
flashlights to the smaller, lighter Sure-Fire Flashlight.
Illumination devices of similar size have been surveyed by the
Police Department, and it is our consensus that this is the best
product available.
As these flashlights are unique and quite different from
traditional law enforcement flashlights, and therefore, would not
be considered as replacements, I would request that the funds be
appropriated from the Law Enforcement Trust Fund.
Please advise if you concur so that this item can be placed upon
the next Regular meeting of the City Commission.
RGO/RML/ppt
Attachments
cc: Major Cochrane
Major Lincoln
~
,,,- 1& -_I,
~!a·'\~
~~1i1 ,;~;
~~
-~,.. d~
..........-
. a.
AN INTERNATIONAllY ACCREDITED lAW ENFORCEMENT AGENCY
<L- ,,; I.t') ~
, ~'-w,þ" ,,' .~
. ¡ I ' ! c..c....- .
V, I IO~'41
DELRAY BEACH POLICE DEPARTMENT
MEMORANDUM
TO: Chief Richard G. Overman
FROM: Major Richard M. Lincolnr~
Operations Bureau
DATE: October 23, 1991
SUBJECT: ªUR~=~IB~_~~Aªª~I~ªï_QXªï~M
-----------------------------------------------------------------
-----------------------------------------------------------------
Attached please find information regarding a proposal to convert
to this alternative flashlight system. I support this request
for the following reasons:
The Sure-Fire Flashlight cannot be used as a striking
weapon, thereby limiting the exposure to liability for
improper use,
The Sure-Fire Flashlight provides equal illumination
capacity (2Ø,ØØØ candle-power),
The purchase and assignment of a Sure-Fire Flashlight to
each sworn officer will allow for individual accountability
for the assigned employee in terms of loss, damage, and
repair.
Should you concur with this request, please advise so that ,an
agenda request can be prepared for appropriation from LETF.
RML/gb
Attachment
I
ÌJt; J./
I¿t,~
,,,.,,,
..
DELRAY BEACH POLICE DEPARTMENT
MEMORANDUM
TO: Major Richard M. Lincoln
Operations Bureau
FROM: Captain Joseph L. SChroede~
Patrol Division Commander
DATE: October 21, 1991
SUBJECT: PROPOSAL FOR NEW FLASHLIGHT SYSTEM
-------------------------------------------------------------------
-------------------------------------------------------------------
Police work involves many hours of night work. We have officers on
the streets twenty-four hours a day, seven days a week, which means
that almost 50 percent of our work is done during darkness.
The problem the Department faces is one of providing adequate
illumination for our officers. The question is what type of
illumination device best accomplishes the mission of our
Department? Our current system is inadequate and lacking in the
area of liability, quantity and reliability.
My proposal is to remedy this problem through the implementation of
an entirely new flashlight system for the Department. Before I
present my proposal, I will provide a brief history concerning our
flashlights and current flashlight system.
The Department currently uses a Streamlight flashlight, Model
SL-20. It is a black anodized aluminum flashlight, approximately
12-1/2 inches long and weighs approximately 2 pounds. The diameter
of the flashlight is 1-1/2 inches at the smallest point and 2-1/2
inches at the the largest point. This flashlight produces
approximately 20,000 candlepower and is rechargeable with chargers
in all marked police vehicles and in the different sections for
charging while not in use.
The flashlights we currently use were brought to the Department in
1981. They became the standard issued flashlight for all
Department personnel. The purpose of the implementation of an
issued flashlight was the fact that officers prior to that were
able to use any kind of flashlight they wished. We had flashlights
that were over 24 inches long and filled with C or D cell batteries
which created an awesome weapon if used in that manner. The
Department implemented this program to ensure that all officers had
,a uniform means of illumination at night. Although this system
solved the original problem, the new flashlights have the potential
of creating other problems.
The potential liability in the use of a flashlight as a weapon is
tremendous. The courts over and over again have clearly stated
that a flashlight is "an illumination device," and not a weapon.
. SUBJECT: PROPOSAL FOR NEW FLASHLIGHT SYSTEM
October 21, 1991
Page 2
To prevent problems by General Order or restrictions on its use is
insufficient. It is a natural reaction to use that flashlight and
no matter how aggressive the enforcement, we will not eliminate the
liability of the flashlight. We certainly do not have a problem
presently, but our actions now will greatly reduce the potential
for future problems.
The second problem we have deals with the flashlight itself. Its
initial cost for purchase, its cost to for repair and the
durability of the flashlight. We currently pay approximately
$98.00 for a brand new flashlight. This includes a charger for the
wall, but does not include a charger for the car. We currently
have in our inventory sufficient numbers to equip, within the
Patrol Division, only about a shift and a half. When you take into
account those flashlights that are out for repair, are damaged or
have failed to charge, we have just enough flashlights to equip one
shift. And when you consider that a second shift has to use that
same flashlight, the chances of a flashlight being fully charged
are slim to none.
The other issue is that of maintenance, maintenance costs and the
durability of the flashlight. Our experience has shown us that a
car that is on the rQad twenty-four hours a day does not last as
long as a car that is on the road only one shift a day.
Flashlights are the same way. When you use them for two shifts a
day, seven days a week, they are going wear out a lot faster. That
increases the maintenance and repair costs. A simple light bulb for
a flashlight costs approximately $27.50 to just replace it. This
greatly increases the cost of repair and upkeep of equipment within
our budget. As a matter of fact, that line item was eliminated in
this year's budget.
One last negative to our current system is the fact that there are
insufficient numbers to issue the flashlights to every officer.
This creates a problem in accountability and problems in the lack
of caring for the flashlight itself. In addition, this problem
manifests itself when situations such as the recent Haitian night
protests, or large scale problems that we may be forced to cover at
night, or in the event of a hurricane, we would have an
insufficient number of flashlights for the entire Department. As a
matter of fact, we could probably outfit less than half of our
Department with flashlights. This is totally unacceptable.
My solution for the problems that I have highlighted is the
purchase and implementation of an entirely new flashlight system.
The system I am referring to is the Sure-Fire flashlight. The
Sure-Fire 6R flashlight is 7 inches long, weighs approximately 7
ounces fully charged, provides approximately 20,000 candlepower and
is rechargeable. The size of the flashlight is the benefit of the
flashlight. The Sure-Fire 6R flashlight provides the same
illumination as our current flashlights, yet at 25 percent of the
weight. When you look simply at the liability factor on thi s , it
is all but eliminated. Remember the issue was the fact that a 2
pound, 12-1/2 inch long aluminum flashlight was used to strike
·
,SUBJECT: PROPOSAL FOR NEW FLASHLIGHT SYSTEM
October 21, 1991
Page 3
people. If our officers were equipped with a 7 inch long, 7 ounce
aluminum flashlight, if it was possible at all to strike an
indi vidual, the resulting injury would be greatly reduced.
The other side of my proposal would be that the flashlight be
issued to all personnel on a one-to-one basis. This would provide
for greater accountability, greater care of the flashlight itself
and sufficient numbers so that should the need arise for additional
manpower at night, all personnel would have a flashlight to use.
My recommendation is as follows. That sufficient funds be
allocated from the Law Enforcement Trust Fund to provide for the
purchase of:
INDIVIDUAL TOTAL
QUANTITY ITEM COST COST
150 6R Sure-Fire rechargeable $ 78.85 $11,827.50
flashlights which includes
A: B65 - Ni-Cd battery,
A14-flaslight adapter and
C60-115 VAC battery charger
85 C62 12VDL car chargers 26.00 2,210.00
150 V13 Belt holsters, black 22.00 3,300.00
leather basketweave
20 B65 Ni-Cd batteries 35.00 700.00
GRAND TOTAL $18,037.50
I realize that the total cost of this project may seem quite high,
but when you look at the benefit to the City, the benefit to the
Department and the benefit to the officers, the cost is not so
high. One law suit over the improper use of a flashlight could cost
in the millions and we would sit back and look in hindsight and
say. I sure wi sh we issued those small flashlights back in 1991.
Let's not put ourselves in the hole. We have the ability and we
have the funds available to remedy this problem before it becomes a
problem.
Your consideration in this matter is greatly appreciated.
JLS/phc
Attachments
volt Tactic;ad Ught you will notice me De~Ul1l!J CVI:II WlU",-"J JUJU DV:t 1Il-..... .................., . - ~ - .
. . . (407)736-5600
..---- ..--- ..---....---.. ---.. ...--., . .. -...... . .......,. . ..-
" ----..----. . ----......---. "'. ----... ----. -.---.' ---. t 03
. ..... -. -
'0 .-.. ........ .. . .... . ...
SURE·FIRE~
FlaShlight
Prødøct Line
Update
New Items (Systems & Kits)
.
bl B ttery System (suegested lif¡t.J..6S;eU1 ~C\ ~
K14 SURE.It'lRE Recbargea C B. / M Orderin~ the three items as a sysle.m re!òult.~ in a
MuJæ~ t/~ SURE·nRE 6P Flt7.fh/,ght Ret. IQI'Kt(1 e. . rd' \h . d' 'd lIy
., , . $10.00 ~VU1gS O"~~r 0 cnng enun IVI un .
11 ;nc111cJ~.~ the follQwmg ,tem$:
865 Ni-Cd Battery
A 4 Flashlight Adapter
COO IlSV AC Battery CharAer
6R SI JRE..FIRE Rechargeable flashUght (5~ested Ust $...1U:9O} , B .~1)
TJ¡i... i.f a ccm~billalion oflhe 6P Fkishligllt Qlld rite K14 Recha"f(eabl~ Ratlery S.'lJsrrm.
II ;ndud~.t thefal/owing i'ems: Ordering the four jtem s a$ a. sY!item rcsult~ j1) a
6P FlashlighL (without Lithium haueries)
BM Nî·Cd Batte,)' $20 savings ovcr ordering them indlviduatly.
A 14 Flashlight Adapter
C60 IISV AC Battery a1argel'
K20 SlJRE.FJRR fiR Enhancement kit (suggested list $.64=6Of 4tÞ.'if.>
COIf/ai", tlrelolklwirtg item.flar the SURE-FIRE 6R Fkl.'lhli8ht:
Vll Quick Release Nylon Belt Holster Ordçring the: five Í1e:I11S n.~ 11 kit l'csulto:¡ in a $10.00
6L Lamp A~~mbly savings over ordcrin& thc-.r'I1 Îndividually.
DI.t2.~A Duracell Lidùum Bmtc:rie$ (2)
B6S Ni·(".d Batlery
New Items (individual) sugg~8ted List
,
B6!-i Nj.('.d A"Ul.':t)' ............................................,.....................................", ,.."",. ......,.. .,...,.......,........................... $ 35,00
C60 J 15V AC Battery C".harger ........................................ ...... ................,... ........... ..,.......... ......... ............................ $ 26.00
C6Z 12VI>C Baucry Charger ...,..,.... .................. ..., ....................... .............. ..... ,... ....................... .... ..... .................. $ 26.0(}
A 14 6P Fh\$hHght Ada})tcr . ....................................,..... ..... ........ ......... ,........ ......... .......... ..... .... ,............ ............ ...... $ J 7.00
A 13 6 V oJI Tactical Light Adapter .. ............ .................... .... ..................... ................ ......................................... ..... $ 1 ~.OO
VIO Belt Holster, Long, Fitll Both 6R And 6P, Nylon ..................,.........,..,....,........................................................ 'S \ 1.00
V 11 Helt Hollner, Lúng, Fitlii Both 6R and 6P, Nylon quick relðase ........................................................................$ 12.00
V12 Belt Holsfer, Long. FiLii Both 6R and 6F, Leather-plain .................................................................................. S 21.(X)
V13 .Belt Hol$1cI\ LOllg. FjU\ Roth 6R and 6P, Leather·baliìketweave .......,..............................................................$ 22.00
V14 Belt HoJster, Long, Fitl! Both 6R and 6P, J..('.8rhcr-Clorino ..............................................................................$ 23.00
.
KARRISON BOYNTON BEACH TEL:1-407-736-8360 Jun 28,91 11:10 No.003 P.Ol
. '.
HARRISON UNIFORM CO..
2023 Corporato Dr.
Boynton Beach FL 33r1~6
407·736·5600
FAX 407-736-8360
FACSIMILE TRANSHISSIOO
FAX TO: Delray Police Dopt DATE 28 Jun 91 TIME 11: 1 0
smDER Harrison Uniform 13 PAGE NO. 1 OF3 PAGES
A'M'Ns Capt. Shroeder
As per our conversation, following is the information pertaining
to the Sure-Fire 6R Rechargeable Flashlight System and a price
which should aid you in your endeavor. Should you need any
f.urther speci.ficùtions or informatJ.on on any other products,
pleaso do not hesitate to call.
Trish
PVRM B42-A
KA~RI~ON BOYNTON BEACH TEL:1-407-736-8360 Jun 28,91 11:10 No.003 P.02
~ '> .
NEW PRODUCT ANNOUNCEMENT
Rechargeable Battery System for the
SURE·FIRE~ 6P Flashlight
K14 Rechargeable Battery System
:, "\~
B65 Ní·Cd Battery
C60 Battery
Charger
A 14 Adapter
· Increases the SURE-FIRE 6P's light output by 20%
· Provides up to 40 minutes of continuous run-time
· Rechargeable up to 1,000 times
You can /lOW have the best of both "'oriels. Use either Lithiunt or
Nickel-Cadmium batteries in your SURE-fIRE 6P Flashlight.
It·s what everyone·s been aAking for - rechargeable batte.r- more inten!$e than when using lithium batteriel$, and stays t11t-\\
iell fur their SURE-ARE 6jJ flashlight". It was made poAAåble by way almost to th~ very end of it' s lCi to 40 minute run·! ¡me. The
the r«:cnt development of new super high capacity Ni.C.d cells, im..TCa.~ed brighlnC88 I'e$iults from (he ~ jgIUly high(:noltnge of
wJúch when assembled in the B6S ballcry provide nearly the the ß6.~ batte.ry.
same operating voltage as the lithium batteries they Tcphtce.111c The B65 battery ill removed for rechar~ing, which allow ¡
voltage m~tch is ideal, rosu1ting in a 20% increase in light ()utput you fO continue using your light (usÎl1A oth(:,' hanericli. eitJu:/'
whi1¢ ttill not requiring changing the 1amp fl-RRembly. This lithium Of Ni-C.t.I) while it is be.ing Jcchargcd. A full recha.rg~
permits the H~ and tilhium hatterles tQ be usedinterchangcably. Lakes 12·14 hours. using either the Model (;60 (lI5VAC) or
The, 965 hauery ha~ the ¡,;ame diamett.:r a.c¡ the lithium Model C"2 (12VDC) niluery chargeI', 1l1C 865 baUr.':/)' Is
batte.ricR used by the 6P hut is two i.}ches longer. All that is capahle of being fast charge.d (in under 2 honrs) using a
requil't.d to U~ the B65 hatttry in your 6P i~ to extend it' ¡; Jl!ngth profe~~ional·'ncgatjve.1 V" ch~l'~e'·. which we will œ offering
by two inches. This is accomp1i¡¡hed by using the A14 adap¡c.", thi!' slimmer.
which simply IiCrçWS on the C'.od of your flash1ighl when you .I.ASER PRODUCTS.
remove the t.o.U cap.
The BM blitt~y con woo be used, with sinú1ar resu1hc. in
any six volt SURE-FIRE Tactic,al Light Thi!i would require the
use of an A 13 Adapter, Harrison Uniform #3
When your use thc ß6S b4ttery in your6P Flashlighl or $lix 2023 Corporate Drive
. 1··..1. ". -..__.....~...._.,~...a n~.....f-....1'\ Qcu.,...h FT. 11426
. .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[LJ;?V)
SUBJECT: AGENDA ITEM # - MEETING OF NOVEMBER 19, 1991
OVERHEAD LINE REL CATION
DATE: NOVEMBER 14, 1991
The Lime Softening Project includes relocation of an overhead
power line currently located within a mid-block easement south of
the water plant to the north side of S.W. 7th Street. Staff has
contacted Florida Power & Light and received estimates for this
project. The cost to remove the existing overhead line and
install the new overhead line on S.W. 7th Street is approximately
$30,000. The cost to remove the existing overhead line and
install it underground in an easement is approximately $53,000.
Staff recommends that we relocate the existing overhead line to
the north side of S.W. 7th Street and keep it overhead. Funding
is available in the 1991 Water and Sewer Revenue Bond - Capital
Outlay Buildings (Account No. 447-5164-536-60.31) .
Recommend approval of the relocation of an existing overhead line
from a mid-block easement south of the water plant to the north
side of S. W. 7th Street by Florida Power & Light in the
approximate amount of $30,000 with funding as indicated above.
, (
if -
,
! .
Agenda Item No. :
AGENDA REQUEST
Date: November 8, 1991
Request to 'be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: November 19, 1991
Description of agenda Staff requests
Tn !:: T.J 7th
ORDINANCE/ RESOLUTION REQUIRED: ~/NO Draft Attached: ~/NO
Recommendation: Staff recommends approval to Florida Power & Light to relocatp
the overhead line at the Water Treatment Plant - cost of $30,000.
¡,.,
._._~--
Department Head Signature: ø~Æø" '~J&J I//f'/ttf
.
Determination of Consistency with Comprehensive Plan:
"'f'
- ._----.
City 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:
"I,
City Manager Review:
- .,<~ 1
! Approved for agenda: YES'/ ' NO Ujv/
, Hold Until:
Agenda Coordinator Review: . l\( r:cl qtY ' ,
Received:
Action: Approved/Disapproved
'1'-'---L7
. "c:;;::t ~
. if ¡f~, 09, Delray Bcach, FL 33447-2409
-r" r rr.~\! \ C E:')
FPL ~ r I ~ ~..". f.' {~ \ ¡ \ \. ..) \.- ~
r.' \ \ \f \" ); \ \ ; '.'
c'.',\ "3'2.
October 8, 1991 9\0[1-9 ?\,\3·
Mr. George Abou-Jaoude F( '\,~:. C:; ;¿:' ~ \J :i'::. D
Dept. Director of Environmental Services
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, FL 33444
Re: Overhead Line Relocation
Dear George:
On September 27, 1991, I met with Don Haley of the City of Delray Beach
and Larry Mejeur, FPL Distribution Engineer, We discussed possible
relocation methods for the water plant. Since that meeting, Larry Mejeur has
estimated the costs to the City to relocate the overhe,ad line south of the
water plant.
The cost to remove the existing overhead line and install the new overhead
line on SW 7 St. is approximately $30,000.
The cost to remove the existing overhead line and install it underground in
an easement is approximately $53,000.
Please determine the method the City desires to utilize. We mIl complete our
engineering and give an exact cost to the City based on your decision.
Finally, during our meeting on September 27, we agreed not to relocate the
underground feed into our transformer vault. FPL has no objections to the
City building above our existing concrete encased duct bank.
Ifyúu rcquÜ:e any additicnal infonnation, please call ~e at265-3J.04.
Yours truly,
N0~~ ,
A. G. Russillo, Jr.
FPL Account manager
AGR:sp
CC: Don Haley, City of Delray Beach
Larry lvIejeur, FPL
an FPl Group COf11 )any
~ . . .
,,----
,/
..
MEMORANDUM E:I!V IR01;¡"r:', f T :.: f~~ r~\! ICES
~ ,,¡ i- .. t
91 NOV -S PH 2: 29
r~ .~ David T. Harden .
' I~ u ,M. I, . f
City Manager
-;i;, ~: George Abou-Jaoude ,
Dep. Dir. of Environmental Services/
projects
SUBJECT: OVERHEAD LINE RELOCATION AT WATER TREATMENT PLANT
PROJECT #91-22
DATE: October 31, 1991
"""-
The Lime Softening project include relocation of an overhead
power line south of th~ water plant to S. W. 7th Street and an
underground feed to the transformer vault.
,.
FPL proposes to complete this work as stated in the attached
memo. I discussed the existing underground feed with CH2M Hill.
Their reply was that their structural engineer designed the
structure over the underground line and they have no problem
keeping it there.
Please review this matter at your earliest convenience and advise
me of your decision.
Att:
cc: William H. Greenwood, Dir. of Environmental Services
File: Memos to city Manager
File: Project #91-22 (D)
File: P:ga91-22.doc ¡( II /9 /
) r-t ^f, :w '~ ß " ð Q ßi ..+ f..-' -d,
;'" cH<>(I '" <'-h - ,,~jL ~ ç, ~ -(",:/ ,<, }J¿. , ", S [!. 7 ':JI""t
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fj{l~,~~
...
·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER¿'~'Î
SUBJECT: AGENDA ITEM # 1 L- - MEETING OF NOVEMBER 19, 1991
ACCEPTANCE OF EASEMENT DEED/AGREEMENT - TAKIMOTO
DATE: NOVEMBER 14, 1991
This item is before you to accept an easement deed and authorize
the execution of an agreement with the property owner, Steve
Takimoto, of 502 Enfield Road for the construction of a 10 ft.
wide drainage culvert. The culvert is necessary in order to
alleviate drainage problems in this area.
The agreement provides that the City will construct and maintain
the drainage culvert in a generally acceptable manner within the
dedicated easement. Such installation will be designed in a
manner as to protect the interest of the property owner. Should
the City exit the property, the agreement provides that all
existing features will be returned to equal or better condition.
The agreement also provides that the property owner may install a
fence along the easement; however, no additional structures may
be installed within the subject easement area.
Recommend acceptance of an easement deed and execution of an
agreement with Steve Takimoto for the construction of a 10 ft.
wide drainage culvert at 502 Enfield Road.
· Îo~~
[ITY DF DELRAY BEA[H ,11
V
"
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444'"
FACSIMILE 407/278-4755 Writer I s Direct Line
(40'7) 243-7090
MEMORANDUM
Date: November :) , 1991
'ro: City Commission
David Harden, City Manager
E'l" om : David N. Tolces, Assistant City A'ttorn~
Subject: Drainage Easement - Takimoto Property
Attached is an Agreement and Easement Deed to provide the City
\..¡ith a drainage easement across property owner by Mr. Steve
Takimoto. The 101 wide easement will be used to install a 10'
wide drainage culvert. The culvert will alleviate drainage
problems in the area.
Please place this item on the Commission's next regular meeting
agenda.
DNT:sh
takimoto.txt
.
:
.
.
to or better than condition prior to the installation of the
facilities.
3. Indemnification/Insurance. Each party shall be
responsible to the other for any and all negligent actions of
their party, their assigns, employees or agents.
4. Maintenance. City will maintain the subject drainage
culvert in a reasonable condition and should City find it
necessary to conduct repair activities on the drainage culvert
within the easement, City will return all disturbed areas to
equal to or better than condition prior to the action. Steve
Takimoto may install a fence along the easement; however, he
may not install any additional structures within the subject
Easement area.
5. Notices. All notic.es, requests, demands, and other
given if personally delivered or mailed, certified mail, return
receipt requested, to the following addresses to:
~._-
Steve Takimot':>
502 Enfield Road
Delray Beach, Florida 33444
City Manager
City of Delray Beach
100 N.W. lst Avenue
Delray Beach, Florida 33444
6. Miscellaneous.
a. The prevailing party in any litigation arising
here under shall be entitled to its reasonable
attorneys fees and court costs including appeals
if necessary.
b. Each party agrees to furnish to the other within
10 days after request such truthful estoppel
information as the other may responsibly
request.
c. This Agreement, along with the Easement Deed,
constitutes the entire agreement and under-
standing of the parties, and supersedes all
2
_IH
-
.
offers, negotiations, and other agreements.
There are no representations or understandings
of any kind not set forth herein. Any amend-
ments to said agreements must be in \.¡riting and
executed by both parties.
IN WITNESS WHEREOF, the parties have accepted, made
and executed this Agreement and three ( 3 ) counterparts each
constituting an original upon the terms and conditions above
stat~d on the datè first set forth above.
::E~ CITY OF DELRAY BEACH
,
I
By:
Thomas E. Lynch
Mayor
Attest: Attest:
Approved as to Form:
City Attorney
----
3
""
. . ŠEP' 3 '91 10:06 FRO/1 IBM BOCA IE~,6 PAGE-øel
. ~ .! :
,
~ DRAINAGE ·EASEMENT
" E.ASEMENT DEED
THIS'INDE.NTURE, made this 22 day of August, I 19 1!.." by
and between SJ<eve Takimoto' ,- , parties of the íirst
part, and the CITY OF DELRA Y Br.ACH, a FlorIda municipal corporation In Palm
, Beach County, ,State of Florida, party of the second part:
WITNESSETHI That the parties of the iirst part, for and In consIderatIon,
of the sum of Ten ($10.00) Dollars and other good and valuable consIderations to It in
hand paid by the saId party of the second part, the receIpt of which Is hereby
acknowledged. does. hereby grant, bargain. sell and release, unto the party of th<;_, ".
"\ second part, its successors and 8nlgns, a right of way and perpetual easement for the:' '
purpose of I ~r.dna~e ~wlth full and free right, liberty, and a~thor1t)' to enter
upon and to Install, operate, .and maIntaIn such Dra.ina~e 'FacllitiesJnder, across,
through and upon, over, under or 'within the following described property located In
Palm Beach County, Florida, to-wit:
EASEMENT _
The East ten feet of Lot 5, Lake Ida Manor Addition No. 2,~' recorded
in Plat Book 25" Page 61. Public Records of Palm Beach County, Florida.
Concomitant and coextensIve with this rJctht Is the further right in the
party of the second part, its successo~3, and assigns, of Ingress And egress over and on
that portion of land described above, to effect the purposes of the Cilsement, .
That this easement shall be subject only to those ease merits, restrictions,
and reservations of record. That the parties of the !lrst part agrelf' to provide for the
release of any and all mortgages or liens encumbering this easem~nt,. The parties o!
the first part also agree to erect no building or effect any other ki=,d of cons:ructlon
or 1mprovements upon the abovc·described property,
Parties of the !irst part d~ hereby ful!y warrant the title to said land and
will defend the same aKalnst the lawful claims of all persons wht>msoever claimed by,
through or under i4...that It has good right and lawful authority to grant, the abovew
described easement añ1;! that the same is unencumbered. Where the conteJCt of this ,.,~
Easement Deed allows or permlts, the same shall Include the successors or assigns of
the parties." '
IN WITNESS WHERE.OF, the parties to this Easement Deed set th6ir hands
and seals the day and year first above written, ' ' '
WITNE.SSESI '
ifi~~~~ , '
usanM. Hu e'on
STATEOF"~4A
COUNTY of ß-lIl'.t ,.1-\
I HERr.B Y CERTIFY that on this day, before me, an oWcer f,uthoriz.ed in
the State and County aforesaId to take acknowledgments, personally appeared
c;. ·~,-t'''/t 3n~.ì Y'f\o-\o , well kl'lOwn to 'me, and they a.cknowl-
edged executing the same, '
. .
!l. "'0 WITNESS my hand and official soal In ~he County and State Il\st doresald,
th¡'~d.,of.J)~,I'3L. ~. .
o ' ~ Â.. '¡1l.L()~/JbWU
.' . N t Y PubJlc' .
~. .
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My C~m.mlssion Expires:
ro, " IQfARY PaeLlc STAfE 01 flcaICA
:, " CCIOUS$ICI EXP. IOV.13,U91'. '_
'eCMDEO fNRU 5EN[UL tn. Vim:
t,~o..
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-- - -----
_. . , ' . -'" ';'vl..H 1 t:::'6 PAGE. ØØ2
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........._________. ** TOTAL PAGE. øØ2 **
-----------------------------------------------------------------------------------
'~,\<
'iil
. ,~.
.,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
~ì~'Î
FROM: CITY MANAGER L' /
SUBJECT: AGENDA ITEM #: g J^. - MEETING OF NOVEMBER 19, 1991
ACCEPTANCE OF EASEMENT DEEDS/FOXPOINTE SUBDIVISION
DATE: November 15, 1991
This item is before you to accept easement deeds from the property
owners of Lots 28 and 29, Block I, Foxpointe Subdivision.
These easements are required as a condition of approval of the
proposed abandonment of a utility easement in Lot 29, Block 1. The
property owner is granting new easements for the relocation of a
water main and other existing utilities in order to accommodate a
building addition to their home. The adjacent property owner has
also provided an easement deed for the installation and maintenance
of public utilities.
The deeds and associated documentation are properly prepared and have
been reviewed by the City Attorney's office. Planning and Zoning
Board action is not required on easement deeds.
Recommend acceptance of easement deeds from the property owners of
Lots 28 and 29, Block 1, Foxpointe Subdivision.
'I t,'
\
. '-Ï',,/ì
t·
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
KATHLEEN E. DEARDEN, PLANNER II
DEPARTMENT OF PLANNING & ZONING
~~
J. VACS, DIRECTOR
DEPARTMENT OF PLANNING & ZONING
SUBJECT: MEETING OF NOVEMBER 12, 1991 **CONSENT AGENDA**
EASEMENT DEEDS, FOXPOINTE SUBDIVISION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
acceptance of easement deeds.
BACKGROUND:
These easements are required as a condition of approval of the
proposed abandonment of a utility easement in Lot 29, Block 1,
Foxpointe Subdivision. The property owner is granting new
easements for the relocation of a water main and other existing
utilities in order to construct a building addition to their
home. The deeds are from Mr. & Mrs. Speisman and Joyce Perlson
(neighbor) to the City, for the installation and maintenance of
public utilities.
The deeds and associated documentation are properly prepared and
have been reviewed by the City Attorney's office.
The deeds are now ready for City Commission action.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not reviewed these deeds as: No
action is necessary by the Board.
RECOMMENDED ACTION:
By motion, approval of the easement deeds from the Speisman's and
Mrs. Perlson.
City Commission Documentation
Easement Deeds, Foxpointe Subdivision
Page 2
Attachment:
* Copy of the location of the easements
* Copy of the Easement Deed
ked/#llfoxedcc.txt
-
EASEMENT DEED
/7 made this 1£ day of &&¡fIL , 19i.[, by and between
U (1 "",c ..- , parties of the first part, and the CITY OF
DELRA Y BEA H, Florida municipal corporation in Palm Beach County, State of
Florida, party of the second part:
WITNESSETH: That the parties of the first part, for and in consideration of
the sum of Ten ($10.00) Dollars and ottier good and valuable considerations to it in hand
paid by the said party of the second part, the receipt of which is hereby acknowledged,
does hereby grant, bargain, sell and release unto the party of the second part, its
successors and assigns, a right of way and perpetual easement for the purpose of:
public utilities with full and free right, liberty, and authority to enter upon and to
instal1, operate, and, maintain such public utilities under, across, through and upon,
over, under or within the following described property located in Palm Beach County,
Florida, to-wit:
See Sheet 2 of 3 for Sketch of Easement and, Sheet 3 of 3 for legal
Description of Easement. ~
Concomitant and coextensive with this right is the further right In the party I
,-, of the second part,' its successors and assigns, of Ingress and egress over and on that-' -_.. -
portion of land described above, to effect the purposes of the easement.
That this easement shall be subject only to those easements, restrictions,
and reservations of record. That the parties of the first part agree to provide for the
release of any and all mortgages or liens encumbering this easement. The parties of the
first part also agree to erect no building or effect any other kind of construction or
improvements upon the above-described property.
Parties of the first part do hereby fully warrant the title to said land and
wil1 defend the same against the lawful claims of all persons whomsoever claimed by,
through or under it, that it has good right and lawful authority to grant the above-
described easement and that the same is unencumbered. Where the context of this
Easement Deed allows or permits, the same shall include the successors or assigns of the
parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands
and seals the day and year first above written.
. P1::ç!;:~~
1;; J£ ~
i i 7
C'-1.<l '. ------< .6.J.' LA -t Ul~ ..
STATE OF FLORIDA
COUNTY OF P.f.,LM BEACH
, HEREBY CERTIFY that on this day, before me, an officer authoriz~d in
tht' 'Sf-It and County aforesaid to take acknowledgments, personally appeared
/J'~ ",7;"., "{.,......///, well known to me, and they acknowledged executing the same.
/ ,
WITNESS my hand and official seal in the County and State last aforesaid
this ~ day of G'(1,7;( It~,.L , 19-2-L.
(UtJ·a¿¿ . /
t'-:otary Pu 'c, State of Florida at Large
My Commission Expires: Notary Public
,:taœ of F1or1da at large
',., Commission (¡(pIres:
, ,~ 1995
Notary Public
State of F10rida at urae
My Commission EJrpires:
Anrill5, 1995
Sheet 1 of 3
,------- - .
01"1
..I VI II" A. VI\.,......., 0/1\._, ",'-_
3333 N. fE~ERAl HWY. CONSULTING. ENGINEERS &. SUR.VnORS IOCA RATON, flORIDA
SKETCH OF EASEMENT
A PORT ION OF HAMLET DR I VE
LOT 29, BLOCK I,
FOXPOINTE
/Jort.:
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JOHN A. GRANT, JR., I NC . Revised October 11, 1991
Consulting Engineers Sheet 3 of 3
3333 North Federal Highway JG 100-699~
Boca Raton, FL 33431 September 3, 1991
LEGAL DESCRIPTION
UTILITY EASEMENT TO BE GRANTED
A PORTION OF THE ABANDONED HAMLET DRIVE RIGHT-OF-WAY
ABUTTING LOT 29, BLOCK 1
FOXPOINTE
A utility easement lying in Section 24, Township 46 South, Range
42 East, Palm Beach County, Florida, said easement being a
portion of Hamlet Drive right-of-way as shown on plat of
Greensward Village Subdivision recorded in Plat Book 29, Page 186
of the Public Records of Palm Beach County, Florida, but not
included in the plat of FOXPOINTE, recorded in Plat Book 32,
Pages 101 and 108 of the Public Records of Palm Beach County,
Florida, said right-of-way being subsequently abandoned, said
easement being more particularly described as follows:
BEGINNING at the Northwest corner of Lot 29, Block 1 of said
FOXPOINTE, said point lying on the South right-of-way line of the
abandoned Hamlet Drive;
THENCE with a bearing of N. 200 26' 45" E., a distance of ~2.1 0
feet to a point;
THENCE with a curve concave to the Southwest, having an initial
tangent bearing of S. 690 33' 15" E., a radius of 818.51 feet, a
central angle of 040 43' 41", an arc length of 61.54 feet to a
po in t;
THENCE with a bearing of S. 250 10' 26" W., a distance of 12.00
feet to a point;
THENCE with a curve concave to the Southwest, having an initial
tangent bearing of N. 6~0 49' 34" W., a radius of 806.51 feet, a
central angle of 040 18' 01", an arc length of 60.56 feet to a
point;
THENCE with a bearing of S. 200 26' 1¡5" W., a distance of 30.53
feet to a point on the North line of said Lot 29, Block 1, and
the South right-of-way line of the abandoned Hamlet Drive;
THENCE with a curve concave to the Southwest, having an initial
tangent bearing of N. 650 02' ~1" W., a radius of 768.51 feet, a
central angle of 000 26' 55", an arc length of 6.02 feet, more or
less to the POINT OF BEGINNING.
Containing 981 square feet of land, more or less.
"
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3333 N. fEDERAl HWY. CONSUlTING ENGINEERS &. SURVEYORS BOCA RATON, FLORIDA
SKETCH OF EASEMENT
A PORT I ON OF HAMLET DR I VE
LOT 28, BLOCK I
FOXPOINTE
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JOHN A. GRANT, JR. , INC. Revised October 16, 1991
Consulting Engineers Sheet 3 of 3
3333 North Federal Highway JG 100-6994
Boca Raton, FL 33431 September 3, 1991
LEGAL DESCRIPTION
6 FEET UTILITY EASEMENT TO BE GRANTED
A PORTION OF THE ABANDONED HAMLET DRIVE RIGHT-OF-WAY
ABUTTING LOT 28, BLOCK 1
FOXPOINTE
A utility easement, 6 feet wide, lying in Section 24, Township 46
South, Range 42 East, Palm Beach County, Florida, said easement
being a portion of Hamlet Drive right-of-way as shown on plat of
Greensward Village Subdivision recorded in Plat Book 29, Page 186
of the Public Records of Palm Beach County, Florida, but not
inc luded in the plat of FOXPOINTE, recorded in Plat Book 32,
Pages 107 and 108 of the Public Records of Palm Beach County,
Florida, said right-of-way being subsequently abandoned, said
.easement being more particularly described as follows:
BEGINNING at the Northeast corner of Lot 28, Block 1 of said
FOXPOINTE, said point lying on the South right-of-way line of the
abandoned Hamlet Drive;
THENCE with a curve concave to the Southwest, having an initial
tangent bearing of N. 650 29' 42" W., a radius of 768.51 feet, a
central angle of 000 26' 54", along the North line of Lot 28,
Block 1 of said FOXPOINTE and the South right-of-way line of the
abandoned Hamlet Drive, an arc length of 6.01 feet to a po in t;
THENCE with a bearing of N. 200 26' 45" E., a distance of 41.67
feet' to a poin t;
THENCE with a curve concave to the Southwest, having an initial
tangent bearing of S. 690 58' 27" E., a radius of 818.51 feet, a
central angle of 000 25' 12", an arc length of 6.00 feet to a
point;
THENCE with a bearing of S. 20° 26' 45" W., a distance of 42.10
feet, more or less to the POINT OF BEGINNING.
Containing 251 square feet of land, more or less.
.. ,..«(, J,. .. ,
· "
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGEIiM
SUBJECT: AGENDA ITEM # r II - MEETING OF NOVEMBER 19 I 1991
REQUEST FOR PAYMENT OF ATTORNEY'S FEES
DATE: November 15, 1991
We have received an offer of settlement from the owners of Parcel 15
in the Fire Station No. 1 Eminent Domain proceedings. The owner has
agreed to settle at the City's appraised value of $20,500.
As this is an eminent domain action, the City is required to pay the
owner's attorney's fees and costs. These fees and costs amount to
$1,900. The City Attorney's office has reviewed this request and
believe them to be reasonable.
Recommend approval of the payment of attorney's fees and costs, in
the amount of $1,900, for the owner of Parcel 15 in settlement of
the Fire Station No. 1 Eminent Domain proceedings.
- ?!J:0D H I Î 51 ? I
[ITY DF DELIAY HEAEM
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: November 12, 1991
To: City Commission ;j-
From: Jeffrey S. Kurtz, City Attorney
Subject: Fire Station No. 1 Eminent Domain Proceedings;
Acquisition of Parcel 15; Our File #02-89.004
The owners of Parcel 15 have agreed to settle on the value of
the property at the City's appraised value being $20,500.00.
In addition, due to this being an eminent domain action, the
City is required to pay the owner's attorneys fees and costs.
The attorney's fees are in the amount of $1,900.00 have been
submitted which I have reviewed and believed to be reasonable.
The payment of the fees shall be placed on your November 19th
consent agenda so that we can finalize the acquisition of
Parcel 15.
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 Fire Department
Joe Safford, Director of Finance
parce115.txt
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LAW OFFICES
VANCE & DONEY, P.A.
SUITE 200. BARRISTERS BUILDING .
1615 FORUM PLACE
WEST PALM BfACH, FLORIDA 33401
JAMES W, VANCE Telephone
WILLIAM p, DONEY (407) 684-5544
B. DOUGLAS MacGIBBON Facsimile
(407) 684-0833
October 31, 1991
Jeffrey S. Kurtz, City Attorney
200 N.W. FirSt Avenue
Delray Beach, FL. 33444
Re: Firestation eminent domain proceedings
Parcel 15 - Jerry Roberts
Dear Jeff:
As we have discussed, Counsel for the owner of
Parcel 15, Michael J. Monchick, has agreed to settle the
valuation of the parcel based upon the City's appraised
value, i.e. , twenty thousand, five hundred dollars
($20,500.00). I have prepared a Stipulated Final Judgment to
that effect and anticipate filing it with the Court in the
near future.
Pursuant to the eminent domain statute, the City is
Obligat~to reimburse the landowner's reasonable attorney's
fees. I this cause, th.e attorney for Mr. Roberts has
requested a fee in the sum of one thousand, nine hundred -~..
dollars ($1,900.00') which, based upon the affidavit
presented, appears reasonable. I am enclosing for your
reference a copy of the Motion to Tax Attorney's Fees and
Supporting Affidavit.
I suggest that the City authorize payment of the
attorney's fee in the above-referenced amount and, at that
time, this parcel will be fully resolved.
Please feel free to contact me if you have any
questions or comments concerning this matter.
WILLIAM P. DONEY,
WPD/sjw ~
enc.
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER olr7v1
SUBJECT: AGENDA ITEM #: r 0 - MEETING OF NOVEMBER 19, 1991
SETTLEMENT OFFER/REQUEST FOR PAYMENT OF ATTORNEY'S FEES
DATE: November 15, 1991
We have received a settlement offer from the owners of Parcel 22 in
the Fire Station No. 1 Eminent Domain proceedings. The owners have
agreed to settle for $6,500, which is $1,000 more than the City's
appraisal for this property.
In addition, as this is an eminent domain action, the City is
required to pay the owner's attorney's fees and costs. These fees
and costs amount to $1,950, plus $24 in tax costs. The City
Attorney's office has reviewed this request and believe them to be
reasonable.
Recommend acceptance of the settlement offer from the owners of
Parcel 22 in the amount of $6,500 and payment of attorney's fees in
the amount of $1,950, plus $24 in tax costs in settlement of the Fire
Station No. 1 Eminent Domain proceedings.
__ ___. 'RCJJ{J H/t~t'?
. . ... '"
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. · Post-It" brand fax transmittal memo 787j ¡ /I 1'1 pngol. t.f
L,AW o.nce f!rq -' -- - L ',.'~
VANCE & DO!\ Tq-.- "J -IJLj)~ft/E"!1
SUITE 200, 8ÀR~ STE Co, - .
. 1615FORUMf Dept. PhQ'¡;Í1f-;9.Q-_5SLf
\-\ ES1 PAltM ßE.-'('H, F t-, ~. i}
Fax II "'\ 71 - - FIIX II / f J Ò 0 !) .E
JÞ.MES W Vi\:- i I - è><' -'1 7.Jj¡:5 ~__ ", 7. - " ~
WilLIAM p ~()~ ,( "
- B DOUGl,A~ ~"..:<·t1;F\I'\ON F'acsimile
(407) 684-0833
Si'M' VIA FAX & MAIL .
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November 14, 1991
,), Cfcey S. Kurtz, City Attorney
2. ) N.\'¡. First Avenue
Ði tray Beach, FL. 33444
, Re: City of Delray Beach v. Gary, et al.
l Firestation Eminent Domain Proceedings
~ Proposed settlement - Parcel 22
{k¡,; ,Jeff:
r
r This letter is to confirm oUr telephone
C·-.I-I~rsation of November 14 at which time we discussed the
P':'i'OGcd settlement concerning Parcel 22 in the Firestat {.)o
fi: ,; Í;¡ r;' 11 t do m a i n pro c e e din 9 . A s a bit 0 f b a c kg r 0 u n d, t h ¡ s
p') J: .: é 1 i s the s e r pe n tin e s h ape ð par c e 1 w h i c h con s i s t 5 ,) E
ç"£lain narrow strips between various lots that had neuer
b-::,." cìeeded out by the original owner of Block 20. '1'.<:
. .
t-~,t(>rnt!y-_l\d Litem appointed by the Court, Bruce Daniels, I:)y
r to", "ð r chi n 9 probate and other files, was s IJ c c e s s f u 1 í n
l".:.d;i09 the heirs ,of the original owner of this proportf.
0: '1ovarnber 12, the Court entered an Order approving t,;:H)
~¡ :~.rt of the Attorney Ad Litem an4 specifically finding th~t
~,'lvi,:l Crocton and Sonya Fox are the owners of Par;cel 22 ,:)'1'1
~n! it led to any compensation awarded thereon. I enclocc> a
t.;¡¡·), of this Order for your reference.
, The owners of the property have offered to set tl~
H·¡~, matter for the total sum of six thousand, five hund,I'>",i
~(,lJ,1rs ($6,500.00). 'I'he Cityts appraisal for the property
.¡.1 the amount previously deposited into the Registry of I;.:)C
C>ur L is five thousand, five hundred dollars ($5,500.00). I'll
llj~t of the increased appraisal costs and attorney's fees In
<:t";~"stìn9 this matter, I recommend that the City accept Hp:;
6rfrc of six thousand, five hundred dollars ($6,500.00).
1J ;:) nt. Daniels, as Attorney Ad Litern and noW' as Attorl1:'i
fc'r the owners, is requesting an attorney's fees of .~I':e
t!;'J1S,H\d, nine hundred fifty dollars ($1,950.00) In
¢<'i"/1sation for his services rendered. I have reviewed ~1(.
~;, ': i >":1 s' time records and most of his time was expended i 11
lc.:.ting the actual owners of the property. His time :)1"
~"~J'_(:1ted fee seem reasonable for his services rendered j n
.t;s matter. Additionally, Mr. Daniels seeks to tax costs in
tt'~ f)1)ro. of twen.ty-four dollars ($24.00). I recommend th:~t
. .
.
r·" 1.:! 2 November 14, 1991
¡ .~
~ .---------------------~-~----~----~-------------~-----~ -
I,
,:
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,
t:..: Cíty also approve the award of att.orney's fees and c\)~~¡St
a ;'..i lhis parcel can bê finalized in the near futuré.
( Please feel free to contact me if you have ¡. IÎ'ý
-q'J~'~liOns or comments concetning this matter. Also, if the
:<: ¡ l '/ Commission. approves the settlement, I will prepare the
èljol:'" opr i ate Stipulated Final Judgment and will forward the
~s,,;¡j,~ to you upon en.try so that the appropriate checks may be
i <" ,,"; Jed .
, SM~.
;
,
, WILLIAM p. DONEY, ESqUi~
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ttn :J / $ j W
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JAM~S W. VANQR, P.A.
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IN TIlE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT,
IN AND FOR PALM BEACH COUNTY,
FL')RIDA.
¡
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CITY OF Jif;¡,RAY BE^CH, FLORIDA CASE NO.: CL 90 14206 AD
FL0RIDA BAR NO.: 017830
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PlfJ: 1\1:1£ f.
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vs. ~
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KENNf:.1'H CAHY. et 81.,
,
of r "ncla£\ ts.
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OROth ¡\i'PROVING REPORT OF GUARDIAN AD LITEM, ADMINISTRATOR AD LITEM, AND
i !
~ ATl'ORNEY AD LITEM - RE: PARCEL 22
·
Tf¡ r~ (' 1\lse came on to be heard on tþ.e motion tQ approve the Motion to
Approv, UI"~ Report of the Guat"dian eJ Litem, Administrator ad Litem, and
! attornt>} ,'}.1 Litem - RE: Parcel 22, and the court being duly advised' in the
I
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I premis~~, it is thereup~n ,...,_.-
,
O~U'·Ht·~ )
T~,,~ the Report of the Guardian e·j Litem, Administrator ad Litem, end
I Bttornèy 1'\,1 LHem - RE: Parcel 22 in the above atyle cause be in the same
I
, . ;
is he,ibj opproved.
}
B~5,j on the Report of the Guardian ad Litem, Administrator ad Litem,
,
I
·
and At~o, n'AY ad Litem - RE: Parcel 22, this court finds that SYLVIA CRO~ON
i
and solin FOX are the parties, who own said Parcel 22 end are entitled to
~
,
eny CO,p~"~ßt1on that 18 awarded thereon.
~ .
DONE AND ORDERED in chambers at West Palm Beach, Florida
, SIGNED AND DATED
this "'~N ,.. __ _ day of Nov~mber 1991.
, NOV 1 2 1991
, rI?ß1?~R~ CIRæIr JID>E
·
< ROBERT M. GROSS
"Q\j ~ 3 '99~ ~ Cltcult COurt Judge
;
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Copi~s ~urrd shed to:
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BRUCE J. DANŒLS, P,A.
Guard1at Ad Litem, Administrator
ad Lite., sod Attorney ad Litem
and Rept~'~~flt.ing Sylvie. Crocton
and SOlita Fox
823 Norh Olive Avenue
We8t Fa'm B:>ach, FL 33401
¡
William P. Oonef ':!t:
Vance .$.' l)¡)£\cy, P~'''A.
1615 Foþ ¡n Place - Suite 200
\.le~t Pa'm B...ach FL 33401 ,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~0Ï~
SUBJECT: AGENDA ITEM #: ß P - MEETING OF NOVEMBER 19, 1991
AWARD OF BIDS AND CONTRACTS
DATE: November 15, 1991
This item is before you to approve the award of the following bids
and contracts:
1. Irrigation - South Congress Avenue Medians - Rainbow
Landscaping in the amount of $52,970 with funding from 1987
Utility Tax Beautification - Congress Avenue - Lake Ida to
Atlantic Avenue (Account No. 333-4141-572-61.23).
2. Landscaping - South Congress Avenue Medians - Tuttle's
Design Build, Inc. in the amount of $109,789.50 with funding
from 1987 Utility Tax Beautification - Congress Avenue -
Atlantic Avenue to C-15 Canal (Account No. 333-4141-572-61.33).
3. Copy Machine Maintenance - Delta Business in the amount of
$17,424, Danka Business in the amount of $5,865, and Xerox Corp.
in the amount of $3,156 with funding from various department's
Repair and Upkeep/Equipment (Object code #:33.32) accounts.
4. Plumbing Service and Repairs - Myers Plumbing Company, Inc.
in the estimated annual amount of $12,350 with funding from
various department's Repair and Upkeep/Building accounts.
Recommend approval of the award bids and contracts with funding as
indicated.
· .
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Agenda Item No.:
AGENDA REQUEST
Date: November 8, 1991
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: Novemh~r 1 q t 1 qq 1
Description of agenda item (who, what, where, how much): :Bid Award _
Irrigation - Congress Avenue Medians - South
Bid 1192-01
ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
L¡qp])~&¥~
Recommendation: Award to low bidder, Rainbow );f::.-i)';.:J.tion, Inc. at a total
cost of $52.970. .' ¿ .~ /~
Jí )Jr.' ~
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds): '.I"-r-t~ II/t~!~ I
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description: 3.3 1- ~/YI-$'/!:?-¿I. 3;1 /ýr'1 ~1.l -Z¡r<
Account Balance: '"_ ~¡:ç,. jÞf.v ~ ~
1P~r. F f' /. c. . .
City Manager Review: J~fvt-.-- ~, c:¡ ~::r~ /IIIí) -.,.l . Art:...
Approved for agenda: (!F.s/ Norrj!
Hold Until: .
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
·
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
~dministrative Services -1/
FROM: Ted Glas, Purchasing Officer
DATE: November 8, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 19, 1991 - BID AWARD - #92-01
IRRIGATION - CONGRESS AVENUE MEDIANS - SOUTH
Item Before City Commission:
The City Commission is requested to award contract to low bidder,
Rainbow Landscaping, Inc. at a total cost of $52,970. Per the Budget
Office, funding is from: 9 '1 ,.ct,1> ~~ .&/1 111 't.~~q. , ('.,¡tJ AI! ~p,¿j
(ÇJ~h. -f*¿. I,) 1i1J._E/ - i;3- ¥1¥/- S?¡ ~ ~ï- 3î f ) .
Background:
Funds were allocated in the FY 91-92 budget for irrigation of S.
Congress Avenue medians. A total of $ yCJ f'-/D .DD was budgeted
for this project. ,
Scope of Service - Installing a complete and operable irrigation
system as shown on drawings on Congress Avenue medians between Lake
Ida Road and Linton Boulevard.
Bids for this project were received on October 24, 1991 from twelve
(12) contractors, all in accordance with City purchasing procedures.
(Bid #92-01. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
The City Horticulturist/Special Projects Coordinator has reviewed the
bids, and recommends award to the low bidder, Rainbow Landscaping,
Inc. per attached memo.
Recommendation:
Staff recommends award to the low bidder, Rainbow Landscaping, Inc.
at a total cost of $52,970. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from Community Improvement
pc Lula Butler
Nancy Davila
ß·~I
·
MEMORANDUM
To: Ted Glas, Purchasing Administrator
Through: Lula Butler, Community Improvement Directo~
From: Nancy Davila, Horticulturist/Special Projects coordinator~
Re: RECOMMENDATION FOR AWARD OF BID - CONGRESS AVENUE IRRIGATION
BID 1/ 92-01
Date: November 8, 1991
Bids for the above referenced project were opened October 24, 1991. The
City's estimate for the work was $50,000.00. Bids received ranged from
$52,970.00 to $76,500.00.
The lowest bidder was Rainbow Landscaping in the amount of $52,970.00. All
references contacted were favorable. Although their Irrigation Division has
not done any previous work for the City, their Landscape Division was
recently involved with the landscape renovations and improvements to the
City's Golf Course, and their work was considered by our Consultant, Frank
Meroney, to be exceptional.
I am recommending that the bid be awarded to Rainbow Landscaping, Inc. in
the amount of $52,970.00.
'''4
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Agenda I tem No. :
AGENDA REQUEST
Date: November 11. 1991
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: N,.nTPmnpr 1 q. 1 qq 1
Description of agenda item (who, what, where, how much): Bid Award -
LRndscapin~ - Con~ress Avenue Medians
Bid 1/92-02
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low responsive bidder. Tuttle' s DesÍS1;n. Build. Inc.
at a total cost of $109.798.50.
// /;Jf,ß)/ fØd
Depaifment Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Di;1cto~Rev),ew (required on all items involving expenditure
of funds): .¡~. II 1$191
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description: tql3-'II'I/~¡;'1J.- {,/.;13
Account Balance, IIJ"J. '10"3.0 Iff'! lit'/ J;;;( ~
&'4 WlfJ I~n<-ð ~)titrwJj ~ ~ ~ .', fo
Ci ty Manager Review: . . . C.·IS
Approved for agenda: €£! NO t<{J~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
~Administrative Services dff
FROM: Ted Glas, Purchasing Officer
DATE: November 11, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 19, 1991 - BID AWARD - BID #92-02
LANDSCAPING - CONGRESS AVENUE MEDIANS
responsive
) .
Background:
Funds were allocated in the FY 91-92 budget for Landscaping of
Congress Avenue medians. A total of $to~ 79r. 50 was budgeted
for this project.
Scope of Service - Provide all plant materials, soil, and mulch as
shown on the drawings on Congress Avenue medians between Lake Ida
Road and Linton Boulevard.
Bids for this project were received on October 24, 1991 from sixteen
(16) contractors, all in accordance with City purchasing procedures.
(Bid #92-02. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
The 10w bid was submitted by Landscaping & Lawn Service. Their bid
is unresponsive for the following reasons:
(1) The unit prices are unbalanced.
(2) The required information to determine if the contractor has the
capacity to perform was not submitted.
The City Horticulturist/Special Projects Coordinator has reviewed the
bids, and recommends award to the low responsive bidder, Tuttle's
Design Build, Inc. per attached memo.
Recommendation:
Staff recommends award to low responsive bidder, Tuttle's Design
Build, Inc. at a total cost of $109,798.50. Funding as outlined
above.
Attachments:
Tabulation of Bids
Memo from Community Improvement
pc Lula Butler
Nancy Davila
8 . p. 2.
M E M 0 RAN DUM
To: red Glas. Purchasing Administracor ~
Through: Lula Butler, Community Improvement Director
From: Nancy Davila, Horticulturist/Special Projects coordinator~~
Re: RECOMMENDATION FOR AWARD OF BID - CONGRESS AVENUE LANDSCAPING
BID /I 92-02
Date: November 8, 1991
Bids for above referenced project were opened October 24, 1991. The City's
estimate for the work was $125,000.00. Bids ranged from $87,747.00 to
$167,336.20.
I have carefully reviewed the bid submitted by the lowest bidder,
Landscaping and Lawn Service, and have rejected the bid . Landscaping and
Lawn Service failed to submit information required by the bid. Specifically,
they failed to submit a list of equipment and personnel to support their
ability to adequately complete the work within the time limits specified,
nor did they submit a list of projects similar in scope and type of
construction which have been successfully completed with references to
substantiate their work. I requested the information after the bids were
received as well, and no additional information was provided.
More importantly, it is evident from the unit pricing submitted that
Landscaping and Lawn Service is not aware of market prices for the plant
materials requested. Examples of this are that they are proposing to
install Royal Palms with 8 feet of 'grey wood' for $15.00 and Royals with 12
feet of 'grey wood' for $10.00. The average prices from these palms by other
bidders is $1,000.00 and $1,500.00, respectively. They are also proposing
to provide 16 foot Live Oaks for $16.00 each.
The next apparent responsive bidder was Tuttle's Design Build, Inc. , in the
amount of $109,798.50. Although the bids are only $22,051.50 apart, the
difference is much greater when one takes into consideration that
Landscaping and Lawn Service has the highest prices on the ground covers,
proposing $6.00 a unit on the Bougainvillea, while the average for other
bids is $3.00. They also wanted $8.00 per unit on Spider Lilies, while,
again, the average is $3.00 and proposing $16.00 for the Pittosporum, while
the average is $6.50. These differences in the ground covers amount to
almost $50,000.
A copy of the spread sheet is attached for your review.
1
Tuttle's Design Build did quite a lot of work for the City two years ago
with the landscape installation at the 1-95 Interchanges as well as West
Linton Boulevard and West Atlantic Avenue. Recently they did the
installation of the landscaping at the new Fire Station on Andrews Avenue. I
was particularly pleased with the quality of their plant materials on the
Fire Station and their willingness to work with me on changes necessitated
by site changes and the location of mechanical equipment.
Other references contacted were pleased with Tuttle's work and said they
would readily hire them again.
I am recommending that Tuttle's Design Build, Inc., be awarded the contract
for Bid! 92-02 in the amount of $109,798.50.
.
2
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·
City 01 Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date October 28. 1991
(3) Interfundllnterœp&rtmental Transfer (4) Batch Nu,"ber
Budget Department
(5) Requested By:
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
333-4141-572.61-33 Congress Ave & Atlant c
to C-15 19,959
333-4141-536.61-32 Congress & Lake Ida tJ 19,959
Atlantic
(10) TOTAL 10 oc:;:o ,<") ðcn
JUSTIFICATION:
AQQltlonal. tundlng needed for Landscaping Congres;:: Ave.
Medians. Funding from surplus in irriaatinn ~--~, ~t.
Balance as of 11/15/91 @ $89,840 with a $52,970
encumbrance oendina Comm;c;c;;nn ^ 1
,
Department Head Asst City Manager
Budget Officer 11/., i : ~ ~~ ~ City Manager
(11) Budget R~sion Date (12) Control Number
(13) Period (14) Count
·
Agenda I tern No. :
AGENDA REQUEST
Date: November 7. 1991
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: November 19. 1991
Description of agenda item (who, what, where, how much): Bid Award -
Copy Machine Maintenance - Annual Contract - Bid #91-75
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Multiple Awards: Estimated Annual Cost
Delta Business $17,424.
Danka Business 5,865.
{ ,/J / Xerox Corp. 3,156.
vd /~;~ {/Jf//
Department Head Signafure:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds) ,t;/~~ y;
II />' 'j I
Fun ng available: ~k/ NO
Funding alternatives, (if ap~able)
Account No. & Description: tI~Liu/) ;y- kIA<;..r<l.-'~I..W ,"~.
Account Balance: JÁ Jt1. 4,;2..
C' M . 7-
1ty anager Rev1ew:
Approved for agenda: gSJ/ NO r~/7
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
·
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/ ~
Administrative Services
FROM: Ted Glas, Purchasing Officer 1/ff
DATE: November 7, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 19, 1991 - BID AWARD - BID #91-75
COPY MACHINE MAINTENANCE - ANNUAL CONTRACT
Item Before City Commission:
The City Commission is requested to make multiple awards to vendors
as listed below, at an estimated ~nual cost of $26,445. Per the
Budget Office, funding is from: 1 tvUc~ J1f~ ~~j ~
(71¡~ - ~}A~ fJI!ld ~ . O,'<d C~I 33.3f~ ' ) .
,
Background:
The City has need of an annual contract for copy machine maintenance
with funding from the various department operating expenses budget.
Bids for this contract were received on October 23, 1991 from three
(3) vendors, all in accordance with City purchasing procedures. (Bid
#91-75. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
No bids were received for Group II, Konica copy machines, per
attached memo from Bid Specialist. A quotation was later submitted
by the only known vendor for this brand machine and is attached for
your review.
Low pricing is as follows:
Group Brand Vendor Annual Cost
-
I Cannon Delta Business $ 17,424.
II Konica Danka Business 5,865.
III Xerox Xerox Corporation 3,156.
Total Estimated Annual Cost $ 26,445.
All three (3) vendors are currently supplying the City with an
acceptable level of maintenance service.
Recommendation:
Staff recommends multiple awards to vendors as stated above, at an
estimated annual cost of $26,445. Funding as outlined above.
Attachments:
Tabulation of Bids
Quotation on Konica Copiers
Memo from Bid Specialist
8·~3
M E M 0 RAN 0 U M
TO: Ted Glas, Purchasing Officer
FROM: Jackie Rooney, Bid Specialist ~
DATE: November 05, 1991
SUBJECT: Service Maintenance - Copiers/Duplicators
Bid #91-75
Bid packages for the above referenced subject were mailed to ten (10)
vendors on September 23 1991, and advertised in the Palm Beach Post on
September 26, 1991. One (1) additional vendor picked up the bid package
after posting of advertisement in the Palm Beach Post.
A pre-bid meeting was held on October 09, 1991, and the bid opening was
held on October 23, 1991. Three (3) bids were received as per attached
"Tabulation of Bids". (A fourth bid from Oanka Business Machines was
rejected and not opened as it arrived after the scheduled bid opening time
of 10:00 A.M.)
I have also attached a list of "Current Charges" for each item the City is
currently paying for each copier.
After review of "Tabulation of Bids " I recommend we award Group I (Cannon
,
Copiers) to Delta Business Systems at a savings of $488.68 per month, and
award Group III (Xerox Copiers) to Xerox Corporation at an increase of
$21.34 per month.
As none of the responsive bidders bid on Group II, I therefore contacted
Danka Business Machines for a quote on Group II as they are the only known
vendor who does the maintenace on these copiers.
Danka Business Machines quote on Group II (attached) is an increase of
$5.96 per month from previous year. I therefore recommend that we award
this Group II to Danka Business Machines.
Would you please review and give your comments and/or approval. Annual
cost for each group as follows:
Group I Cannon Copiers $1,452.00 per mo. - $ 17,424.00 per year
Group II Konica Copiers $ 488.68 per mo. - $ 5,864.16 per year
Group III Xerox Copiers $ 263.00 per mo. - $ 3,156.00 per year
Total Yearly Cost $ 26,444.16 per year
This is a savings of $ 5,615.88 from last year.
Attachments:
Tabulation of Bids
Current Charges
Quote from Danka
~ '<I
.
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· DANKA BUSINESS MACHINES
A Danka Company
CITY OF DELRAY BEACH
THE FOLLOWING PRICES FOR THE KONICA MAINTENANCE AGREEMENTS ARE PER
MONTH AND INCLUDE ALL PARTS, LABOR AND DRUMS AS NEEDED.
6250 N, Military Trail
West Palm Beach, FL 33407
40ï-881-0300 FAX: 407-881-7637
CURRENT CHARGES CaNT.....
ITEM I DESCRIPTION I
GROUP I - CANNON COPIERS CONTINUED: $89.19 month - Delta
17. CANNON NP 250F includes 6,000 copies
POLICE DEPT INVESTIGATIONS overages .011
18. CANNON NP 112 $ 24.80 month - Delta
POLICE DEPT CRIME SECTION
19. CANNON NP 112 $ 24.75 month - Delta
POLICE DEPT - JAIL
TOTAL GROUP I $ 1,947.29 per month / $23,367.48 year
GROUP II - KONICA COPIERS $86.63 month - Danka
20. KONICA 3290 AD201 includes 30,000 copies
ENVR SVCS ENGINEERING
21- KONICA 3290 AD201 $86.63 month ~ Danka
ENVR SVCS ENGR ADMIN includes 30,000 copies
overages .011 CODV-
22. KONICA 3290 AD201 $95.28 month - Danka
POLICE DEPT - PATROL includes 30,000 copies
23. KONICA 3290 AD201 $95.28 month - Danka
POLICE DEPT - CHIEF'S includes 30,000 copies
24. KONICA 4290 RADF $118.90 month - Danka
COMM IMPR SLDG DEPT includes 10,000 copies
n"er,qpe'" n1/conv
TOTAL GROUP II $ 482.72 per'month / $ 5,792.64 year
** includes narts & drum
GROUP III - XEROX COPIERS
25. XEROX 1025 $ 85.00 month - Xerox
ENVR SERVICES flat rate ($255.00 p/quarter)
26. XEROX 2300 $ 68.00 month - Xerox
WATER TREAMTMENT PLANT inc1ud·e~ 8~?" c~~~~s
27. XEROX 1038 ADF $88.66 month - Xerox
COMM IMPR CODE ENFR únlimited copies
TOTAL GROUP III $ 241.66 per month I $2,899.92 year
TOTAL YEARLY COST ~
(Group I, II, III) $ 32,060.04
CURRENT CHARGES
ITEM DESCRIPTION
GROUP I - CANNON COPIERS $ 176.00 month -Danka
1- CANNON NP 4540 RDF includes 10,000 copies
CITY MANAGER'S OFFICE overages .017 / copy
2. CANNON NP 4540 RDF $ 176.00 month - Danka
CITY ATTORNEY'S OFFICE includes 10,009 copies
overa~es .017 CODV
3. CANNON NP 350 F $ 81.76 month - Delta
HUMAN RESOURCES OFFICE
4. CANNON NP 2015 SADF $ 33.08 month - Delta
MANAGEMENT INFO SYSTEMS includes 500 copies
overaçes .0297 ¡copy
5. CANNON NP 4540 RDF $ 176.00 month - Danka
PARKS - CIVIC CENTER includes 10,000 copies
overages .0170 I copy
6. CANNON NP 112 $ 211.75 year (17.64 mo) - Delta
PARKS - ADULT CENTER includes 10,000 copies
7. CANNON 350 SADF $ 84.76 month - Delta
PARKS - POMPEY PARK
8. CANNON NP 3025 $ 84.38 month - Delta
PARKS - MAINTENANCE includes 6,000 copies
overa~es .011 / copy
9. CANNON 250 F $ 89.18 month - Delta
FINANCE - UTB includes 30,000 copies
overages .011 / copy
10. CANNON NP 270 SADF $ 89. IS month - Delta
FINANCE - ADMIN. includes 6,000 copies
overages .011 / copy
11- CANNON NP 250 ADF $ 97.88 month - Delta
PURCHASING DEPT.
overa~es .011 / copy
12. CANNON NP 250 ADF $ 89.18 month - Delta
ENVR SVC - STREETS
.
13. CANNON NP 210 SADF $ 35.43 month - Delta
FLEET MAINT. GARAGE
14. CANNON NP 350 SADF $ 81.75 month - Delta
WATER TREATMENT PLANT includes 6,000 copies
overages .0101 ¡COpy
15. CANNON 4540 RDF $ 389.62 month - Danka
FIRE DEPT HEADQUARTERS includes 20,000 copies
,- ,O?? / r-nnv
16. CANNON NP 350 P $ 106.71 month - Delta
FIRE DEPT HEADQUARTERS includes 6,000 copies
overages .012 / copy
"I'~
. .
Agenda Item No. :
AGENDA REQUEST
Date: November 11. 1991
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: November 19. 1991
Description of agenda item (who, what, where, how much): Bid Award -
Plumbing Service & Repairs - Annual Contract
Bid 1192-03
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder Myers Plumbing Company. Inc. at an
",C!T';m::>TPIÌ ::>nn,,::> 1 ...nC!t- nf $1?,1,0
.: )/¿~/fffY
,f¡ /
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget ~ctor .RevieW)required on all items involving expenditure
of funds): ,;(~~ II/S/rl
Fu ing available: YES/ NO
Funding alternatives:
Account No. & Description: J/a4-lfl.ø ~~ q. µ/ a/I."
Account Balance: ,
City Manager Review: ~S / NO l-' 7'-/l
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
. .
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
~Administrative Services 4;jJ/
FROM: Ted Glast Purchasing Officer
DATE: November 11, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
NOVEMBER 19, 1991 - BID AWARD - BID #92-03
PLUMBING SERVICE & REPAIRS - ANNUAL CONTRACT
Item Before City Commission:
The City Commission is requested to award a contract to Myers
Plumbing Company, Inc. at an estimated a~nual ~ost of $12,350. Per
~he ¡;'~f fiee, funding is from' ~ <><4 L '7""'/",,«"£ ¡J ) .
Background:
The City has need of an annual contract for plumbing service with
funding from the various departments operating expense budgets.
Bids for this contract were received on November 1, 1991 from two
contractors, all in accordance with City purchasing procedures. (Bid
1192-03. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
The Facility Maintenance Division has reviewed the bids, and
recommends award to the low bidder, Myers Plumbing Company, per
attached memo.
Recommendation:
Staff recommends award to Myers Plumbing Company, Inc. at an
estimated annual cost of $12,350. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from Support Services
pc Ernie DeRango
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M E M 0 RAN DUM
TO: Jackie Rooney, Bid Specialist
THRU: John Elliott. Asst. Ci ty Manager / \ \ _1(; /
Support Services ¡-- ,I
~ ¡,
FROM: ~ Ernie DeRango, Superintendent Facility Maintenance
DATE: November 11, 1991
SUBJECT: Bid #92-03
Plumging Service and Repairs - Annual Contract
After review of the tab sheets for the above referenced subject. I
recommend we award the bid to the low responsive bidder. Myers
Plumbing. Myers Plumbing has had the contract with the City of Delray
for the past two years. Their service has been very good and their has
not been any problems with the quality of work performed by them.
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf~1
SUBJECT: AGENDA ITEM # 9 A - MEETING OF NOVEMBER 19, 1991
REPORT OF APPEALABLE LAND USE ITEMS
DATE: November 15, 1991
This item is before you for acceptance of the report of decisions
made by the various development related boards during the period
October 29, 1991 through November 18, 1991. The following actions
were considered during this reporting period:
Site Plan Review and Appearance Board:
-Approved architectural elevations for Labor Force.
-Approved a color change for the elevated Water Storage
Tank.
-Approved a minor site plan modification, landscape and
architectural elevation plans for Bucky Dent Baseball
Schoo 1 .
Planning and Zoning Board:
No appealable items were considered by the Board during
this reporting period. Other items considered by the Board
will be forwarded to the Commission as separate agenda
items.
Historic Preservation Board:
The Board did not hold a regular business meeting during
this reporting period.
A detailed staff report is attached as backup material for this item.
5-0
c"1
í7vJ
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
~~U~
VID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: t~~ PLANNER I
JASMIN ALLEN,
SUBJECT: MEETING OF NOVEMBER 19, 1991
REPORT OF APPEALABLE LAND USE ITEMS
OCTOBER 29, 1991 THRU NOVEMBER 18, 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 October 29, 1991, through
November 18, 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
October 29, 1991, thru November 18, 1991
Page 2
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF NOVEMBER 6,
1991:
1. Approved architectural elevations (minor facade changes) for
Labor Force located at 108 N.E. 2nd Avenue (Vote 4 to O).
2. Approved a color change for the elevated Water Storage Tank,
at 434 S. Swinton Avenue (Vote 5 to O).
4. Approved the minor site plan modification, landscape and
architectural elevation plans for Bucky Dent Baseball
School, located south of Miller Park to allow the addition
of a batting cage and basketball court (Vote 4 to 0).
No other appealable items.
PLANNING AND ZONING BOARD MEETING OF NOVEMBER 18, 1991:
No appealable items will be considered by the Planning and Zoning
Board. The items considered by the Board will be forwarded to the
City Commission as separate agenda items. These are:
1. Annexation with Initial Zoning of CF (Community Facilities)
and A (Agricultural) Regarding Fire Station #5, Located on a
Portion of Blood's Grove, off Germantown Road.
2. Rezoning from R-1-A to RM, Lots 23-28, Woods of Southridge
Subdivision. Property is to be Combined with "The Groves".
3. Rezoning from G.C. to A. C . , O.C. Taylor Dealership on South
Federal Highway (former AMC).
4. Conditional Use Request to Allow the Establishment of a
Church (Assembly of God) on Swinton Avenue Immediately North
of Unity Church.
5. Conditional Use Request, Griffin Gate (Zero Lot Line
Development) to be located on Swinton Avenue and SE 4th
Street.
6. LDR Text Amendment, Ordinance 75-91, Modification which
Accommodates Issuance of Temporary Use Permits for City
Operated Facilities.
7 . Review and Recommendation Regarding Ordinance 73-91, D.B.O.
Acres Rezoning (Modified) from PC to GC/PC/AC.
8. Conditional Use Request for a Specialty Auto Service
Facility at DBO Acres.
9 . Abandonment of Easements and Alleyways Associated with
Delray Lincoln Mercury.
City Commission Documentation
Report of Appealable Land Use Items
October 29, 1991, thru November 18, 1991
Page 3
HISTORIC PRESERVATION BOARD: No Regular Meeting was held during
this period.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachments: Location Maps
JA/#61/CCOCT2.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER l7-1
SUBJECT: AGENDA ITEM #: e¡ a - MEETING OF NOVEMBER 19, 1991
REQUEST FOR EXPEDIENT REVIEW
DATE: November 15, 1991
We have received a request from Jay D. Tormey for expedient review of
his application for a conditional use to locate a family recreational
business in the Congress Square Shopping Center in the former Eckerd
bay.
Under normal processing, an application received at this time ( up to
December 6, 1991) would be placed before the Planning and Zoning
Board for a public hearing in January 1992. The action would then
come before the Commission for consideration on January 28, 1992.
In order to accommodate this request, the Commission would need to
direct that the Planning and Zoning Board hold a special meeting on
December 9, 1991, with Commission consideration the following day
(December 10, 1991) at your regular meeting (it should be noted that
the Board currently has a workshop meeting scheduled for that date);
or, that the Commission consider this item at a special meeting later
in December following the Planning and Zoning Board regular meeting
scheduled for December 16, 1991.
Staff does not anticipate that the project analysis will be time
consuming for this project; however, there are notice and advertising
requirements which must be complied with by November 26, 199L A
detailed staff report is attached as backup material for this item.
Recommend consideration of a request from Jay D. Tormey for expedient
review of his application for a conditional use to locate a family
recreational business in the Congress Square Shopping Center in the
former Eckerd bay.
~ éomm /55 Ion /,;;;)/o/C¡¡
~-O
,/\
'II
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
~~,
D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 19, 1991
REQUEST FOR EXPEDIENT REVIEW FOR CONDITIONAL USE
REQUEST FOR PROPOSED WHIRLYBALL - BUMPERCAR -
BASKETBALL
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
directinq the Administration to accommodate the expedient
process of a conditional use request.
The proposed use is that of Whirly Ball - Bumpercar -
Basketball. It is proposed to be located in the former
Eckerd bay in Congress Square Shopping Center (next to The
Scoreboard) .
BACKGROUND:
Attached is the letter of request. The proposed use requires
Conditional Use processing.
Under normal processing, an application received at this time
(and up to December 6th) would be placed before the Planning and
Zoning Board for a public hearing in January and with City
Commission consideration on January 28th.
Because we have recently processed a Conditional Use request
(Jewish VFW Bingo) for the same facility, our staff work will be
minimal and a "late" petition would be accepted on this date
(November 19th) for Planning and Zoning Board consideration at
its regular meeting of December 16th. However, this would still
not accommodate the petitioner since the City Commission's last
scheduled meeting this year is December 16th. Under normal
circumstances, the Commission would act on the request on January
14th.
Implications of granting the request: To accommodate the
petitioner's needs, the following must be agreed to by the City:
1. The Planning and Zoning Board holding a SPECIAL MEETING
on December 9th (they do have a workshop scheduled for
that evening);
City Commission Documentation
Request for Expedient Review of Conditional Use Request for Proposed
Whirly Ball - Bumpercar - Basketball
Page 2
2. City Commission consideration of the item on the
FOLLOWING DAY at its regular meeting of December 10th;
3. Or, consideration by the City Commission at a SPECIAL
MEETING if one is scheduled later in December. If such
a meeting occurs, then a special meeting before the
Planning and Zoning Board will not be required.
While, the project analysis may not be time consuming (assuming
adequate information is provided immediately by the petitioner),
there are notice and advertising requirements which must be
complied with by November 26th. Thus, there is an impact upon
our Departmental logistics.
RECOMMENDED ACTION:
Commission discretion. Since expedient processing may require a
special meeting of the City Commission or the Commission
receiving the petition the day after Planning and Zoning Board
review, it is not appropriate for the Administration to honor the
request. If the City Commission does honor the request, it
should be based upon the unique circumstances of scheduling
around the holidays so that further accommodation requests do not
become commonplace.
Attachment:
* Request Letter and Brochure
DJK/#87/CCWHIRLY.TXT
~ ¿
'/
November 5, 1991
~
Mayor Tom Lynch P... h 1 I' "
~. t, h '-.
Delray Beach City Hall . -.< Ji ~I Ii D
- (I' "
100 N.W. First Avenue ;"n" . '.,,'
Delray Beach, Florida 33444 r'luv 6 1991
GIf\' MAI"'-
Dear Mayor Lynch: h/1utf?'" 0
.) FFICE
I am the miner of a family recreation business called vJhirly Ball.
Whirly Ball is a game that is played in bumper cars using a scoop
and a softball size whiffle ball vhich is passed back and forth
between teammates to try to score baskets at either end of the
court.
Whirly Ball is played by families, youth groups, church SJrou~::;s,
summer camp groups and corporate groups with everyone having a
fun time.
I have found a location in your city in the Congress Square
Shopping Center, 'ihich was formerly an Eckerd Drug Store. r am
ready to sign a lease with the Eckerd people, but first r need
zoning approval.
My problem comes from the fact that r have to close my Pompano
Beach location now and that the approval process in your city
will take me into late January. I cannot afford to be closed
for that length of time.
After meeting with P & Z Director, David Kovacs,he suggested r
write to you to ask for a special committee meeting to approve
my application for conditional use approval at the Congress Square
site.
If you coùld grant this request, I ]<now that the addition of
Whirly Ball would be an asset to youi community and meet with
great success.
Thank you for your consideration ill this mat:te-r--"
I
G~Ul ~/
Jay p, /formey
President
COPAN8 8QUME AMUSEMENTS, INC.
1301W8$t Coon Road
p~~. Fl33064
(306) 968-6207
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~
SUBJECT: AGENDA ITEM # 9 c. - MEETING OF NOVEMBER 19, 1991
REQUEST FOR WAIVER OF APPLICATION PROCESSING FEES
DATE: November 15, 1991
We have received a request from the South County Mental Health Center
for waiver of all land use processing fees associated with the
proposed expansion of their facilities located on S. Military Trail.
The fees which will be associated with the land use portion of this
project include:
Conditional Use Application $ 450
Site Plan Review 500
Platting 300 or 1,000
Variance hearing, if needed 150
Fees for Plan Check and Construction Permits are not included in this
request.
Section 2.4.3 (K) (7) (b) provides for the waiver of payment of
application and permit fees, by the City Commission, for good and
substantial use, upon written application through the City Manager.
The waiver of land use application processing fees will be at the
Commission's discretion. Previously, the Commission has approved
such requests for the Drug Abuse Foundation; and, reduced fees for
Mr. Turner.
I believe this request could be distinguished from others on the
basis that the South County Mental Health Center is a social service
agency funded predominately by grants from state and local
government. On the other hand, the State and the County have started
charging us all kinds of permit fees.
Recommend consideration of the request from the South County Mental
Health Center for waiver of all land use processing fees associated
with the proposed expansion of their facilities located on S.
Military Trail.
. .r/{
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[llJ1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: C~::L:v'i:~A~ER
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 19, 1991
REQUEST FOR WAIVER OF LAND USE PROCESSING FEES
SOUTH COUNTY MENTAL HEALTH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
WAIVER of all land use processing fees associated with an
expansion of the South County Mental Health facilities
which are located on S. Military Trail.
BACKGROUND:
Attached is a letter from Billie Linville, President of the Board
of Directors of the South County Mental Health Center in which
she provides a rationale for the waiving of land use processing
fees.
Fees which will be associated with the land use portion of this
project include:
* Conditional Use Application $ 450
* Site Plan Review $ 500
* Platting $ 300 or $ 1,000
* Variance hearing, if needed $ 150.
Not included in this request, but anticipated, would be fees for
Plan Check and Construction Permits.
Pursuant to LDR Section 2.4.3(K)(7)(b) the waiver of payment of
application and permit fees may be granted by the City Commission
for good and substantial use upon written application through the
City Manager.
The item of waiver of processing fees is becoming more prevalent.
Such fees have been waived for the Drug Abuse Foundation (see the
request letter from SCMH); they have been reduced for Mr. Turner
(N.E. 2nd Street and 4th Avenue) ; an accommodation was made for
Griffin Gate's resubmittal and an additional waiver request is
pending for further submissions on that project; and another
waiver request (private party) will soon be before the
Commission.
·
City Commission Documentation
Request for Waiver of Land Use Processing Fees
South County Mental Health
Page 2
RECOMMENDED ACTION:
Commission discretion.
Attachment:
* Correspondence of October 24th under Sun Bank letterhead
DJK/#86/CCMENTAL.TXT
. . ,
Q 'DAVE KOVACS: Please draft a response. DTH
Sun Bank/South Florida, N.A.
anK P.O, Box 405100
Fort Lauderdale. Florida 33340-51 00
305 467-5000
,)
, \
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October 24, 1991 ,-'v> , ,,~ 1:~1 \l E I ~
, þ \ ~'~
.; -¡\)' ' ,~ OCT 28 1991
.....
" 'G ',,'
David T. Harden ' ~ :.\' \ "- C 11)' fvJA ¡~¡¡G ' fì'
' ,,\.'
City Manager \,,' t ( S OFFtCL
y'V
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
~ '('This-Ie t ter~ is -- to""Teques t'~tha t'" the·- Ci ty'~of'"Delray~ Beach "wai ve 'plan-:-review "f ee~
'11' ($ 500 ),.. and --other,~ f ees'-associated' with' a prel1mina.ry'W site '. plan" which ~ is - being
"'submitted by-the-South-County~Mental Health';'Centèr'-to the City forapprov¥.
The South County Mental Health Center is a non-profit charitable corporation
with responsibility for mental health, alcohol and drug abuse (detox) services
in the South Palm Beach County area. I am enclosing our Annual Report which
will provide you with additional information.
We have a very close association with the police departments, and Ben Toole,
our Executive Director serves on a Drug Task Force chaired by commissioner
Alperin. We have recently had to absorb extensive reductions in State funds.
Because of this we have to seek funding and financial relief from all sources.
The South County Mental Health Center is one of the larger business enterprise
in Delray Beach. We have a staff of over 200 and a payroll in excess of $5
million. Our total budget is $9 million +. You will note from the Annual
Report that Delray Beach accounts for 16% of all new cases we open.
I could go on. However, it is not my purpose to espouse how great we are.
Rather, we need your help in waiving fees that will be associated with the
preliminary site plan for a 5 acre tract of land that we recently acquired.
A building project that we are currently undertaking drained off in excess of
$20,000 in County and City impact and permit fees. ~e'have been advised "by
* Fotherchar'1table 'organizations (South County;:Drug"Abuse Foundation) that'they
~have~been:-successful in getting, the;DelJ;'a~.Beach'Uees;õwaived~;forj;,'thei~bui~d~
tprogram on'south' Swinton~-~'7~
Dr. Ben Toole, Executive Director of the South County Mental Health Center and/
or I will be happy to meet with you to discuss the situation and to explore
possibilities.
/Zi~~z---
Billie Linville, President
Board of Directors
South County Mental Health Center
ASunTrustBankcc: Tom Lynch, Mayor
Ben Toole, Executive Director
South County Mental Health Center
.
.
. 1990
ANNUAL REPORT
South County Mental Health Center
16158 s. Military Trail, Dekay Beacb, I10rida 33484
(407) 49S-GS21·737....
PURPOSE AND MISSION GOVERNANCE
Since its creation in 1974, the South The South County Mental Health Center is
County Mental Health Center has brought a private, non-profit corporation chartered
quality mental health and substance abuse by the State of Florida in February 1974.
care to our communities in a manner The Center is governed by a 17 member
which enhances and preserves human citizen board. Board members are
dignity. Through local support, guidance representative of the communities we
and cooperation, the Center has been able serve.
to achieve its primary purpose of serving
people of all ages and incomes as put forth
in our Mission Statement.
The Center is committed to providing care
within the community, advocating for
services in the least restrictive setting and
the development of alternatives to
hospitalization. Maximum use is made of
the client's community support system.
Assistance is provided in the assessing of
health, social and fmancial services
available to the client - recognizing that
good mental health is interdependent with
other needs.
Jerrold Schu1Jz
Board President
SERVING SOUTH PALM BEACH COUNTY SINCE 1974
Bot:ø ll4Io. * De1rrq Betu:h * Hrgh/Iuul Betu:h * Boy1llo. Betu:h * MtUtllkIpA * ÚUIIIIIUI * G"qslntDlt
Ocea Ridge * Gru. Aen.r * ÂlIIUIJi.r * Hypobao * Lob Woni * Soutlt PølnI Betu:h * Soutlt West PølnI Betu:h
·
WHO WE SERVE
Other P.B. County 6%
280
Delray Beach 16% Lantana 6%
7g8 318
Out of Area 8%
387
West Palm Beach 14%
688
EXPENDITURES BY CATEGORY
FY ENDED JUNE 30, 1990
ContrlctuIIIO,r..r 8S
1428102
Tun_partition 2S
"37828
Pereonn.1 70S
'0003088
REVENUE BY SOURCE
FY ENDED JUNE 30, 1990
Charitable Donltlonl OS
1488083
Child. S.rv, Council 4S
'287470
State - H.R.S. eos
.4482031
FY 1990 CLIENT PROnI..F.8 SERVICES PROVIDED
(N = 5011)
Case Managementffherapy 72,359 Hours
AGE '1Ð Detox 2,875 Days
C.S.U. 10,968 Days
Residential 34,878 Days
0-14 11.1% SEX: Male 52% Chemotherapy 15,155 Units
15-17 8.8% Female 48% Medical Services 11,874 Hours
18-14 15.0% Day Treatment 11,138 Days
1544 41.6% RACE: White 81% Other Services 31,181 Hours
45-54 10.8% Black 11%
55-64 6.6% Latin 5% UNDUPLICATED
65 & Over 6.1% Other 1% CLIENfS # OF CLIENTS
INCOME: No I~ 41S
Complete Case Load 5,011
1 - 1,999 3% Clients Who Received Service 7,794
3,000 - 5,199 11% New Clients 1,368
5,100 - 7,799 6% Drug Detox Clients 151
7,800 - 10,399 11% Alcohol Detox Clients 189
10,400 - 15,599 11% Baker Act:
15,600 & Over 16% Children's C.S.U. Clients 110
Adult C.S.U. Clients 351
REFERRAL SOURCE: Evaluation & Screening:
Stabilization Clients 1,309
Other Emergency Clients 484
Self, Family, Friends 41 'J1 Non-Emergency Clients 90
Court, Law Enforcement 18%
Social Agency 15% Total Evaluation & Screening 1,883
Mental Health Faålity 11% Clients
Non-Psychiatric: Physician 3'J1
School System 1% Total Baker Act Clients 3,455
1990
BOARD OF DIRECTORS
SOUTH COUNTY MENfAL HEALTH CENTER
16158 South Military Trail ,
Dekay Beam, Florida 33484
lenoId SdIuItz Adele G. ICasermaa
PtalMlII Set:1'dll11
Billie LiDTiIIe loøepIa Cooper
Vlœ-Pnsl4e1ll nw..øuv
I'nmk Bebrman Seymour Orzel
Lonøm Brooks Keida E. Bayaes, M.D.
ReY. Alberto 1'. Busby ~ s......
Charles C...-tock AITero Yen
Da~d Madœy Gecqe Wasser
C. Spenœr Pompey I. ~---..... Trieste
Sbirtey Mirow
,
,
I
I
. .
. ,
~ 1daere J: .it:.........
At: a t.ia. when gen.ral cons.rvat.isa peraeat..s t.h. .t.at..
and t.h. Hat.ion, .ocial agencies which ar. highly
dependent. upon public funding au.t. t.ak. a hard and
realist.ic look t.o t.he future. During t.iae. of
austerit.y, an agency .ust. exaaine it. operat.ion. t.o
insure t.hat. appropriat.e .ervices are being deli"er.d in
t.he ao.t. cost.-.ff.ct.i". aalU1.r. Agenci.. ar. constant.ly
b.ing a.ked t.o do aore wit.h 1.... Co.pet.it.ion for t.h.
public dollar i. keen - t.hu. cr.at.ing a need for gr.at.er
int..r-agency coordinat.ion and collaborat.ion. As.uranc..
au.t. b. ..d. t.o guarant..., wit.h so.. degr.. of
certaint.y, t.hat. priorit.y populat.ion groups ar.
id.nt.ified and s.rved first. - in accordanc. wit.h t.h.ir
n.ed.. ~.~irec~~
Ben Toole, D.P.A.
Execut.i"e Dir.ctor Sout.h County Xent.al Øealt.h cent.r
__m_Í-í_:Î
~...... ... -.- .~.. .... ..~.... ...
~ ":', .':" . .. ',' ...... .:.:.: .:.: .:-" ." ...... ...... ..:....:0:
Bmerp1U:'l Scree1lÜll œul B_l,vdln. of ChilIl:ren '. ~mœ. provide outpatient
children and adults is available 24 diagnostic treatment and residential
hours a day, 7 days a week. Persons services to children and adolescents.
who are mentally and emotionally
dangerous to themselves and others IllleUÏN CrisU CoUlUelûr~ is for families
because of psychological problems or whose children are in imminent danger
the misuse of alcohol and drugs are of being removed from their homes
screened, evaluated and admitted, when because of abuse, neglect, or status
necessary. offenses. Staff remain on-site for
CrisU .~H~" U1Iib children and indefinite periods of time.
for
adults provides acute residential SodD1. Reetm/lolUll œul V-'ÜlJlnl ~1'FÚ%. teach
treatment to those with severe basic living and pre-vocational skills
emotional and behavioral problems, or to those clients who are severely and
who need sobering-up and chronically disabled. These services
detoxification because of substance include a day care treatment center
abuse. for the elderly, emotionally and
Mobile C1Úb COIl1UeIiM TetmI responds to mentally disabled.
psychiatric emergencies occurring in C01lfl1reheUÏN Subsla1u:e Abuse PnJBØnU inc 1 ude
the community setting, and are non-hospital medical detoxification,
available to assist law enforcement residential and outpatient care for
agenc ies and hospital emergency rooms. recovering substance abusing clients.
SUDJIOrtiN Co1Ul!Je1Žll~ and Case MtuUll!mu!lII ResJ4e1llial ~1'FÚ%. serve the needs of the
~1YÜ¥. are provided to adults severely mentally disabled adult.
suffering from chronic mental and Three levels of care are available.
emotional illness. Case Managers
develop treatment plans, identify and MÞlimlio" Clinü: helps recovering clients
link with needed resources and serve to maintain their progress into
as the clients advocate within the wellness through the use of
community. psychotropic medications.
Cellle, 'TDpDU tin Ilœuetl ", the SIiIú of Fløri4ø. Sod Coll1ll Melllill BetIlIh Celllu is øeendlûtl ", 1M
Joinl CÅIIøIIb.fÜ . O. Aet:n4iIDt/ø. _/ BetIlIh Orp.I'UfIlqu UCABO).
e South County Mental Health Center --
16158 S. Military TniI, Delta, BeadJ, Florida 33484
(407) 495-0S22. 737-8400· Fax (407) 495-7975 Joint Commission
on At=odltnlon 01_ OrparJQtSom
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
crv¡
FROM: CITY MANAGER L-" ,
SUBJECT: AGENDA ITEM #: qþ - MEETING OF NOVEMBER 19, 1991
TERMINATION OF LETTER OF AGREEMENT/CRA
DATE: November 15, 1991
This item is before you to acknowledge the termination of the letter
of agreement with the Community Redevelopment Agency with regard to
the CRA Planner position.
At its last meeting, the CRA approved the termination of the
agreement with an effective date of January 17, 1992. Likewise, the
termination of the Redevelopment Planner from City rolls is also to
be effective January 17, 1992. The basis for the termination of the
agreement is to provide for better coordination between the CRA
Director and the Redevelopment Planner.
To accommodate the CRA's desires, the Planner has already relocated
to their offices.
I believe that the concerns expressed by Commissioner McCarty at the
Commission meeting of February 27, 1990 (see page 10 of the attached
minutes) are still valid, i. e. that having the CRA Planner supervised
by our Planning Director "would help coordinate issues and keep the
lines of communications open. " I am apprehensive that having a
totally separate planning staff for the CRA will increase the
probability of conflict between the CRA's planning efforts and the
City's citywide planning efforts. Also, as a "member of City staff"
the CRA Planner was supported by City technical and clerical staff
which will not be readily available to a CRA Planner housed in the
CRA's offices.
There is no formal approval/denial action required of the
Commission. This item is being brought forward for formal
acknowledgement; and, so that the Commission can determine whether or
not they want to discuss this matter further with the CRA. A
detailed staff report is attached as backup material for this item.
/-1{
. . tt'/1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO, Q~:' CITY MANAGER
FROM: - DAVID J. KOVACS~TOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 19, 1991
TERMINATION OF LETTER OF AGREEMENT, CRA PLANNER
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
acceptance of a notice to terminate a previously executed
letter of understanding entered into by the City and the
CRA.
The subject matter of the agreement was the hiring and
coordination of a planner who would work on redevelopment
matters.
The termination clause of the agreement reads:
"The provisions of this letter of understanding may be
terminated by either party upon thirty days notice and
the payment of any/all costs incurred by the City."
BACKGROUND:
The referenced agreement is attached. It was authorized by the
City Commission on February 27, 1990. There was some controversy
at the time of authorization. A 3-2 vote on an alternative
motion prevailed. Minute excerpts are attached.
At its last meeting, the CRA approved the termination of the
agreement with an effective date of January 17, 1992. The basis
for the termination is to provide for better coordination between
the CRA Director and the Redevelopment Planner and the desire to
have both individuals housed together. To accommodate the CRA's
desires the Planner was relocated from the Development Services
wing to the CRA offices earlier this month.
The agreed upon termination date (hence, the termination of the
incumbent Redevelopment Planner from the City rol~s) was
negotiated to be January 17th in order to accommodate a request
of the CRA Director.
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City Commission Documentation
Termination of Letter of Agreement, CRA Planner
Page 2
RECOMMENDED ACTION:
No action is necessary. This item is brought to the attention of
the City Commission for formal acknowledgement and in the event
that the Commission desires to discuss the subject with the CM
Board.
Attachments:
* CRA request letter
* Letter of Understanding
* Minute excerpts from February 7, 1990
DJK/#87/CCCRA.TXT
I
,. ~ Community
',' , '-=-' Redevelopment
_a Agency
Delray Beach
( I November 7, 1991
R .t t Q;-< ïiliJ j[' 1- ,
0<' -!L,:, ji t' .iC~. .. }
f' David Harden, City Manager NOV 1 I{ 1991
~: City of Delray Beach I .
,k] 100 N.W. 1st Ave. C,TY MANAGER'S OFFICi
Delray Beach, Fl 33444 -
t;'1 RE: Modification of Agreement Between the CRA and the City concerning
the City's Employment of Ron Hoggard, Planner and the CRA's
~ I Agreement to Reimburse the City for Mr. Hoggard's Time and
ì i Expenses
~\ Dear Mr. Harden:
; We respectfully request the above agreement be tenninated effective January 17,
'..¡ 1992. The CRA intends to hire Mr. Hoggard on a full time basis, effective the
l~ same date, subject to the tenns and conditions of a CRA employment contract.
r:~;
t· Mr. Hoggard has recently moved to the CRA offices. We appreciate your
providing the CRA with planning services this B year and look forward to
working with you on many more community pI ec .
t~ Sincerely,
,d // &-
. ~~gan ~ C ·stopherJ.Brown
~ Chairman Executive Director
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l' 1 S,E. 4th Avenue, Suite 204, De/ray Beach, Florida 33483 (407) 276-8640
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LETTER OF UNDERSTANDING BETWEEN THE CITY OF DEL RAY BEACH AND THE
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) WITH RESPECT TO
THE PROVISION OF REDEVELOPMENT PLANNING SERVICES BY THE CITY TO
THE CRA.
This letter sets forth the terms of understanding regarding the
employment of a Redevelopment Planner by the City and the payment
of redevelopment services by the Community Redevelopment Agency
( CRA) . The terms are as follows:
Obligations of the City:
1. Establishing and filling the function of a Redevelopment
Planner as a Planner III within the City's Department of
Planning and Zoning.
2. The position is to be under the direct supervision of the
Director of Planning and Zoning. The Planner III will
attend meetings of the CRA and will be responsive to policy
direction from the CRA Board.
3. The Planner III shall devote a full time effort to
preparation and processing of the following items:
* a major revision to the CRA Development Plan
* completion of the West Atlantic Avenue Redevelopment
strategy/plan/program
* the downtown development plan as described in the
Land Use Element of the Comprehensive Plan
* other redevelopment strategies/plans/programs as
identified in the Land Use Element of the Comprehensive
Plan
* other activities related to furthering redevelopment
efforts within the geographic boundaries of the CRA
Plan
4. Provision of work space and \vork facilities (desk,
telephone, etc.) , clerical support, and office supplies for
normal daily activities.
5. periodic billings to the C.R.A.
Obligations of the C.R.A.:
A. Payment of personnel expenses for the Planner III calculated
upon a base salary and a percentage ( % ) for normal
administrative and personnel overhead (FICA, Workman's
Compensation, Insurance, Pension, etc. )
B. Payment of extraordinary expenses associated with outfitting
the position and/or production of work products e.g.
computer, printing of reports (multiple copies), artwork,
special studies, travel, training, memberships, etc.
.
,'.
. .ng Between the City of r
Letter of Understa ray Beach & The CRA
Page 2
C. A commitment to continue obligations A & B at 100% for FY
89/90, FY 90/91, and FY 91/92 with a reduction of personnel
expenses to 50% in FY 92/93 and ensuing years thereafter
that this arrangement remains in effect.
Termination:
The provisions of this letter of understanding may be terminated
by either party upon thirty days notice and the payment of
any/all costs incurred by the City.
Execution:
This letter sets forth all required terms and conditions between
the CRA and City with respect to the Redevelopment Planner
function. Both parties, attest to their full and complete
understanding by the signatures of their respective Executive
Officers below.
Executed by: r.
JL( ,.:, V rf rJ, í-1t~ /', dated: August ~7 , 1990
David Harden, City Manager
~~ /(/~-0L dated: August 2(, 1990
Frank Spence, Executive Director, CRA
.
.
For the r....~ord, Mr. Weatherspoon co~~nted the key issue is to
support City busi¡ s by local vendors as o~ sed to going out of the
County, City or State. The Interim City Manager commented that the
recommendation of Mr. Huddleston and the financial advisor strongly
supports the City Attorney's conclusion.
No further discussion being presented, Mayor Campbell closed
discussion to the public.
At this point the roll was called to the motion.
19. Waiver of ~efinition of Family. The Commissio!l is to consider
two requests for waiver of Chapter 173, Section 173.001, Section ?
regarding definition of family.
Lula Butler, Director, Community Improvement, stated the
violation in Case No. 1 is by one person who is a minor and a student at
Atlantic High School. As the head. of the household is out of town,
Staff does not have a problem if the Commission would like to waive this
request. Ms. Brainerd asked Ms. Butler why the appeal is coming from
the student and what the status of the other sister is. Ms. Butler
responded by saying the issuE'! moved there in order to attend Atlantic
High School, the other sister is a family member who has resided there
for some time.
Mr. Weatherspoon moved to approve the waiver of definition of
family, Case No. lo Said motion failed for lack of a second.
Ms. Butler stated the second case consists of three ( 3) adult
members and the family has requested sympathv because of financial
hardship.
Ms. Brainerd moved denial of the request, seconded by Ms.
McCarty. Upon roll call the Commission voted as follows: Mr. Andrews -
Yes; Ms. Brainerd - Yes; l-1s . McCarty - Yes; Mr. Weatherspoon - Yes;
Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
..' 20. Request from Community Redevelopment Agency to Hire Planner.
The Commission is to consider a proposal that the City hire a planner to
revise the current Community Redevelopment Plan (CRP) with the CRA
paying for salary and compensation costs.
. Ms. Brainerd moved to approve the CRA to hire a planner to be
housed, managed and funded by the CRA, not the City, seconded. by Mr.
\'Jea therspoon. Upon roll call the Commission voted as follows: Mr.
Andrews - No; Ms. Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon -
Yes; Mayor Campbell - No. Said motion FAILED with a 3 to 2 vote.
:~ Before roll call the following discussion was had:
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Mr. Andrews stated the Comprehensive Plan addresses a working
relationship between the CRA and the City Commission.
Mr. weatherspoon stated the CRA is an autonomous body. Thev
have their own source of revenue funòing but that has nothing to do with
our relationship to work together. The Commission does not want to
carry the burden of hirinq a planner for the CRA to supervise.
Mr. Andrews stated funds should be monitored no matter what the
account, but in this case the CRA is being forced to pay approximately
three (3) times the value of the service that could be afforded through
the hiring and better working relationship of the City.
Ms. McCarty stated the assumption is that it was the CRA's
intention to pay for the employee. The person that would be hired would
answer to our Planning Director and be supervised by him, with the
actual salary and benefits coming from the CRA. She feels that would
help coordinate issues and keep the lines of communication open.
Ms. Brainerd stated her motion was based on a potentially,
extremely murky line management situation.
At this point the roll was called to the motion.
Mayor Campbell felt the motion should be reiterated.
The Interim City Manager clarified the motion was for the CRA '
to hire the planner, not the Citv.
Ms. McCarty made an alternate motion for the City to coordinate
efforts with the CRA to hire a planner who would work in the City
Planning Department, but be paid for by the CRA, seconded by Mr.
Andrews. Upon roll call the Commission voted as follows: Mr. Andrews -
Yes; Ms. Brainerd - No; Ms. McCarty - Yes; Mr. Weatherspoon - No: Mayor
Campbell - Yes. Said motion passed with a 3 to 2 vote.
Before roll call the following discussion was had:
The Interim City Manager stated that in several instances the
Commission is self-insured; he questioned, if there be a catastrophic
health problem in the case of the CRA employee, dp we backcharge the CRA
for the entire amount or do we charge them $181 which is the monthly
charge for employees.
Upon question by the Interim City Manager, Mayor Campbell
advised this person will be an employee of the City and, ultimately, the
Commission must approve any of the changes. It is the City's Comp Plan
that is being talked about, the CRA in that capacity is a recommending
body to us and, therefore, this person should be our planner.
The Interim City Manager stated it is his understanding that it
is a CRA plan which is a separate document. Mayor Campbell stated it is
ultimately going to be our plan and must be approved by this City.
He stated the CRA can adopt a plan, but it has to mesh with the City's
plan which is the whole purpose of hiring the planner.
Ms. Brainerd asked what happens to this person when he finishes
rewriting the CRA plan. Does the City then have an employee that we
didn't really need and wasn't a City Manager's addition? Does this
person get hired with a defined sunset date?
Ms. McCarty asked how long the CRA is willing to fund the
employment of the CRA individual and who picks up the tab when they are
done? If we are going to pick up the tab, why are we bypassing the Risk
Manager and the City Manager's opinions as to whether or not we should
hire this person directly?
At this point the rolled was called to the alternate motion.
.
-/0-
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER /0-(
SUBJECT: AGENDA ITEM #: t¡ IE - MEETING OF NOVEMBER 19, 1991
AGREEMENT WITH WILLIAM SWAIM AND ASSOCIATES
DATE: November 15, 1991
This item is before you to approve an agreement with William Swaim
and Associates which provides that the City will construct and
install sewer improvements, on property which Swaim is under contract
to purchase, by May 1, 1992.
In return for our providing ten, six-inch lateral stub-out pipes, Mr.
Swaim will provide the City with the necessary easements to construct
and maintain the sanitary sewer lines and lift station¡ and, upon
the vacating of the right-of-way of Lake Trail will grant the City a
40 foot right-of-way¡ should the City desire to provide an
alternative connection between north and south Lake Avenues.
The agreement also provides that the City will relocate a manhole
currently in the right-of-way of Palm Trai 1 to a point on the north
boundary of the Anchorage Project.
Recommend consideration of an agreement with William Swaim and
Associates for the installation of sewer improvements in conjunction
with the Anchorage Project.
~ 5-0
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[IT' DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 4071278-4755 Writ~er I s Direct Line
(407) 243-7090
MEMORANDUM
---.
Date: November 13, 1991
To: City Commission
David Harden, City Manager
From~ David N. 'rolces, Assistant City Attorney~
Subject: S~wer A~'eement with William Swaim & Associates
This agreement between the City and William Swaim & Associates
requires the City to construct and install sewer improvements
on property which Swaim is under contract to purchase. In
return for providing ten, six·-inch lateral stub-out pi.pes,
Swaim will provide t,he City with the necessary easements to
const,I'uct and maintain the sanitary sewer' lines and lift
station for the area illustrated on the attached plans.
A.s part of thi.s agreement, the Ci.ty also agrees to relocate the
manhole currently in the right-oi-way of Palm Trial to a point
on the north boundary of the Anchorage Project. The City will
make its best efforts to complete the improvements by May 1,
1992.
In addition, when Swaim vacates the right-of-way of Lake Trail,
c ' \oJ'i 11 grant the City a 40' right-of-way if the City
,;)waun
desires to provide an alternative connection between Lake
Avenue North and Lake Avenue South.
DNT: s 11
Attachment
swaiml.txt
..
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SEWER AGREEMENT .
THIS AGREEMENT ( "Agreement" ) is made and entered into
this day of , 1991, by and between the
CITY OF DELRAY BEACH, a Florida municipal corporation ("City")
and WILLIAM SWAIM & ASSOCIATES, INC. , a Florida corporation
{"Swaim"} .
WITNESSETH:
WHEREAS, Swaim is the contract vendee of certain real
property located in the city of Delray Beach,,~¥torida and which
is more particularly described in Exhibit "A" ("Property"); and
WHEREAS, Swaim plans to develop the Property substantially
in accordance with the conceptual plan attached hereto as
Exhibit "B" ("Development Plan"); and
WHEREAS, the City has plans to construct sanitary sewer
j lines, a lift station and appurtenances thereto
( "Improvements" ) on the Property and in the area adjacent to
¡ the Property in order to provide sewer service to land
including the Property; and
WHEREAS, the parties desire to enter into this Agreement to
legally bind each other to the terms hereof.
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, the receipt
and sUfftèiency of which is hereby acknowledged, the parties
... agree as follows: ~~~"~._;..
1- Recitals. The foregoing recitals are true and correct
and are incorporated herein by this reference. All Exhibits to
this Agreement are hereby deemed a part of this Agreement.
2. Preparation and Approval of Plans and Specifications.
city shall prepare final engineering plans and specifications
for the construction of the Improvements which shall be
substantially consistent with the plans attached hereto as
Exhibit "C" ( "Plans and Specifications"). City shall provide
four (4) sets of final, approved, signed and sealed Plans and
Specifications to Swaim for use in relation to the future
development of the Property. City shall also provide to Swaim
copies of any and all engineering calculations, data, base maps
and any other information used to prepare the Plans and
Specifications.
3. Construction of Improvements. The City shall
construct the Improvements in accordance with the Plans and
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F/52DST/6/B/7FLL/1
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specifications which shall comply with the following"
requirements.
(a) The construction of the Improvements shall
include ten (10) , six-inch (6") lateral stub-out pipes at
locations to be selected by Swaim in writing within ten (10)
days of City's written request. The City ac}rnowledges that
although said "stub-out" pipes are not shown on the Plans and
Specifications, said stub-out pipes will be included as part of
the Improvements without cost to Swaim.
(b) The construction of the portion of the
Improvements within the Palm Trail right-of-way shall be offset::,
within such right-of-way, in order to permit the construction
of a landscaped median within the Palm Trail right-of-way.
Although the Plans and Specifications may not show the
Improvements offset from the center of the Palm Trail
right-of-way, the City agrees to construct the Improvements in
a location that does not interfere with the construction of a
landscape median within the Palm Trail right-of-way through a
field adjustment, at no cost to Swaim.
(c) The City agrees to move the manhole currently
located within the right-of-way of Palm Trail approximately
fifty feet (50' ) north of the northern boundary of the Property
to a point on the northern boundary of the Property so that
Swaim can connect directly to said manhole. Said manhole shall
be located in a location that does not interfere with the
Development Plan, and shall be relocated through a field
adjustment, at no cost to Swaim.
~
(d) The Improvements shall be located within the
easement area shown on Exhibit "D", so that construction of the
Improvements will not interfere with Swaim's plans to construct
a guardhouse on the Property as graphically depicted in the
Development Plan.
(e) The City shall use its bests efforts to complete
construction of the portion of the Improvements that are needed
to provide service to the Property by May 1, 1992.
4. Fundinq of Improvements.
(a) As provided in paragraph 2 of this Agreement,
City shall be responsible for the costs of preparing the Plans
and Specifications for the Improvements.
(b) The City shall 'pay all costs associated with the
construction of the Improvements as shown in the Plans and
specifications.
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F/52DST/6/B/7FLL/1
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(c) swaim shall have no obligation for any costs
associated with the preparation of the Plans and Specifications
or the construction of the Improvements.
5. Easement. In cons ideration for the ci ty' s agreement
to construct the Improvements pursuant to the terms and
conditions of this Agreement, Swaim hereby agrees within thirty
(30) days of the date hereof to deliver to the City a
non-exclusive easement for the construction and maintenance of
the Improvements executed by the owner of the Property. The
location of said easement shall be as graphically depicted in
Exhibit "D". The easement shall be substantially in the form
att_ached hereto as Exhibit "E". ---",,,,,,'
6. Lake Trail Riqht-of-Wav Vacation. The parties
acknowledge that Swaim plans to vacate the right-of-way of Lake
Trail. The city supports the future vacation of the Lake Trail
right-of-way. Swaim hereby agrees to grant to the city a forty
foot (40') wide road right-of-way approximately one hundred
feet (100') west of the current Lake Trail right-of-way if the
City desires an alternative connection between Lake Avenue
North and Lake Avenue South as a condition of vacating the Lake
Trail right-of-way. Although the Plans and Specifications show
a portion of the Improvements in the existing Lake Trail
right-of-way, the City hereby agrees to relocate said portion
of the Improvements out of the Lake Trail right-of-way and into
the alley located approximately one hundred sixteen feet (116')
west of the Lake Trail right-of-way as a field adjustment to be
made prior to construction of the Improvements. The city
acknowledges that said relocation of the portion of the
Improvements from the Lake Trail right-of-way to said alley
shall be at no cost to Swaim. ~'
7. Miscellaneous.
(a) Due Diliqence. The parties covenant that each
party shall immediately commence all actions necessary to
fulfill its obligations hereunder and shall diligently pursue
the same throughout the existence of this Agreement.
(b) Entire Aqreement. This Agreement sets forth all
of the promises, covenants, agreements, condi tions and
understandings between the parties hereto, and supersedes all
prior and contemporaneous agreements, understandings,
inducements or conditions, expressed or implied, oral or
written, except as herein contained.
(c) Pronouns; Headinqs. All pronouns and any
variations thereof shall be deemed to refer to masculine,
feminine and neuter, singular or plural, and to the identity of
the party or parties, personal representatives, successors or
assigns may require. The section headings contained in this
3
F/52DST/6/B/7FLL/1
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I
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Agreement are inserted for convenience and shall not effect in
any way the meaning or interpretation of this Agreement.
(d) Severability. This invalidity of any provision
hereof shall in no way effect or invalidate the remainder of
this Agreement.
(e) Counterparts. This Agreement may be executed in
one (1) or more counterparts, each of which shall be deemed an
original, but all of which shall together constitute one in the
same instrument.
(f) Governinq Law. This Agreement shall be construed
in accordance with the laws of the State of Florida, and
proceeding arising between the parties in any manner pertaining
this Agreement shall, to the extent permitted by law, be held
in Palm Beach County, Florida.
(g) Attorneys' Fees. Should either party hereto
bring an action against the other party hereto to enforce the
terms and provisions hereof, the party prevailing in such
action shall be entitled to a judgment against the othe~ party
for said party's reasonable attorneys' fees and costs.
(h) Amendments. This Agreement may not be modified
or terminated orally, but only in writing signed by the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
-----
Signed, Sealed and Delivered
in the Presence of: CITY OF DELRAY BEACH, a
Florida municipal corporation
By:
Mayor
By:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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F/52DST/6/B/7FLL/1
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STATE OF FLORIDA }
} SS:
COUNTY OF PALM BEACH)
BEFORE ME, an officer duly authorized by law to administer
oaths and take acknowledgements, personally appe?red,
as and
as of the CITY OF DELRAY BEACH, a Florida
municipal corporation, and acknowledged they executed the
foregoing Agreement as the proper officials of the CITY OF
DELRAY BEACH, and the same is the act and deed of the CITY OF
DELRAY BEACH.
IN WITNESS OF THE FOREGOING, I have set my hand and
official seal at Delray Beach, in the State and County
aforesaid on , 1991.
( SEAL)
Notary Public
State of Florida at Large
My Commission Expires:
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F/520ST/6/B/7FLL/1
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¡ WILLIAM SWAIM & ASSOCIATES.,
INC. , a Florida corporation
By:
William Swaim
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH) .~.. -----
I HEREBY CERTIFY that on this day before me, a Notary
Public duly authorized in the state and County named above to
take acknowledgments, personally appeared, WILLIAM SWAIM, to me
known and known to me to be the person described as
the of WILLIAM SWAIM & ASSOCIATES, INC., a
Florida corporation, who signed the foregoing instrument as
such person, and acknowledged the execution thereof to .be his
free act and deed as such person for the uses and purposes
therein mentioned, and he affixed thereto the official seal of
said corporation, and that the said instrument is the act and
deed of said corporation.
WITNESS my hand and official seal in the State and County
last aforesaid this day of , 1991.
----
( SEAL)
Notary Public
State of Florida at Large
i
My Commission Expires:
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F/52DST/6/B/7FLL/1
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LIST OF EXHIBITS .
EXHIBIT A - Legal Description of Swaim Property
EXHIBIT B - Development Plan for Swaim Prop~rty
EXHIBIT C - Copy of city's Plans and Specifications for
Sewer Improvements
EXHIBIT D - Sketch and Legal Description of Sewer Easemen't·,
EXHIBIT E - Form of Sewer Easement
¡
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F/52DST/6/B/7FLL/1
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. GRAPHIC SCALE ¡:
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SHEET I OF 2
CAULFIELD & WHEELER, me. RElllSIONS DA1E
~ Consulting Engineers - Plqnners - Surw)0<'3' \ SCALE S H
. 7301A West Palmetto Park Road - Suite 100'" DRN.8Y T M M
. , Boca Rotan. Florida 33433
407 - J92-1991 Cl<D.BY D,P .L.
FtD,BK.
A PORTION OF THE NOW VACATED PLAT OF PAGE
LA-HACIENDA SANITARY SEWER EASEMENT .œ No.1R74
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NOTES:
l. Reproductions of this sketch are not valid unless sealed with an embossed surveyor's seal.
2. Lands shown hereon are not abstracted for Rights-of-Way, Easements, Ownership, or other
Instruments of Record.
3. Bearings shown hereon are based on assumed bearings based upon the centerline of "PALM
TRAIL" bearing N 01° 28' 13" E, as shown on the plat of "KEN MONT", as recorded in Plat
Book 20, Page 65 of the Public Records of Palm Beach County, Florida.
4 . Data shown hereon was compiled from the Instrument of Record and does not constitute a
Boundary Survey as such.
,
DESCRIPTION:
1\ sanitary sewer easement being a portion of "LA-HACIENDA", according to the plat thereof, as
recorded in Plat Book 15, Page 6 of the Public Records of Palm Beach County, Florida, and the
vacated portion of said plat of "LA-HACIENDA" , as vacated per Resolution No. R-82-11, as
recorded in Official Records Book 3662, Page 1600 of the Public Records of Palm Beach County,
Florida, being more particularly described as follows:
BEGINNING at a point of intersection of the North line of the Plat of "KENMONT", as recorded
in Plat Book 20, Page 65 of the Public Records of Palm Beach County, Florida, and the East
Right-of-Way line of "PALM TRAIL", as shown on said Plat of "KENMONT": thence S 89" 27' 43" W
along said North line of "KENMONT" , a distance of 15.15 feet; thence N 07" 28' 13" E, a
distance of 19.75 feet; thence N 84" 47' 56" W, a distance of 162.51 feet; thence N 43" 48'
56" W, a distance of.,89. 54 feet to a point of intersection with a line 30.00 feet East of and
parallel with the West line of the now vacated Lot 21, Block E of Said "LA-HACIENDA"; thence
S 08" 03' 23" W along said parallel line, a distance of 94.05 feet to a point of intersection
with the South line of said vacated Lot 21; thence S 89" 27' 43" W along said South line, a
distance of 30.34 feet to the Southwest corner of said vacated Lot 21; thence N 08" 03' 23" E
along the West line of said vacated Lot 21, a distance of 80.91 feet to a point of
intersection with a line 80.00 feet North of and parallel with the South line of said vacated
Lot 21; thence N 89" 27' 43" E along 'said parallel line, a distance of 15.17 feet to a point
of intersection with a line 15.00 feet East of and parallel with the West line of said
vacated Lot 21; thence N 08° 03' 23" E along said parallel line, a distance of 26.82 feet;
thence N 48° 04' 29" W, a distance of 91.70 feet; thence N 41" 55' 31" E, a distance of 15.00
feet; thence S 48° 04' 29" E, a distance of 96.08 feet; thence S 43° 48' 56" E, a distance of
99.53 feet; thence S 84° 41' 56" E, a distance of 172.51 feet; thence S 01° 28' 13" W, a
distance of 33.25 feet to the POINT OF BEGINNING.
--..
sal~ lands situate in the City of Delray Beach, Palm Beach County, Florida.
Subject to Easements, Restrictions, Reservations, Covenants, and Rights-of-Way of Record.
CERTIFICATE:
I hereby certify that the attached Sketch of Description of the hereon described property is
true and correct to the best of my knowledge and belief as prepared under my direction on
October 14, 1991. I further certify that this Sketch of Description meets the Minimum
Technical Standards set forth in Rule 21HH-6 adopted by the Florida Bard of Land Su veyors,
pursuant to Florida Statutes 472.021.
SHEET 2 OF 2
. CAULFIELD & WHEELER, INC. RE\1S1ONS DATE 10A4 /91
~ 'Consulting Engineers - PloRRen- - SUrveyors . SCALE AS SHOWN
" 7J01A West Palmetto PoH<, Rood - SUIte 1001.
, Boca Raton. AorIdo JJ4JJ . ORN.BY OPl
407 - 392-1991 CKD.BY ewc
n.o.1IK.
A PORTION OF THE NOW VACATED PLAT OF PAGE
LA-HACIENDA SANITARY SEwER EASEMENT JOB NO,1874
--------
-">II
.
EXHIBIT "E"
SANITARY SEWER EASEMENT
THIS NON-EXCLUSIVE SANITARY SEWER EASEMENT (IIEasementll) is
entered into as of the day of , 1991 by and
between BARBARA YAKE, having an address of 10 Ferry Drive,
Rexford, New York 12148 (IIGrantorll) and THE CITY OF DELRAY
BEACH, a municipal corporation of the State of Florida, having
an address of 100 N.W. 1st Avenue, Delray Beach, Florida
(IIGranteell) .
WIT N E SSE T H: . "
WHEREAS, Grantor is the owner of that certain real property
more particularly described on Exhibit "1" attached hereto and
made a part hereof ("Servient Estate"); and
WHEREAS, Grantee desires an easement upon that portion of
the Servient Estate more particularly described on Exhibit "B"
attached hereto and made a part hereof ("Easement Property")
: for the purpose of providing sanitary sewer services across the
¡Easement Property 'and Grantor desires to grant same.
I
II NOW, THEREFORE, Grantor, in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration, the
I receipt and sufficiency of which is hereby acknowledged, does
: hereby grant unto Grantee, its successors and assigns, a
. perpetual non-exclusive easement over, upon, under, through and
across the Easement Property for sanitary sewer purposes
including;:::::::: but not limited to, the laying, installing,
maintaining, operating and altering of sanitary sewer lines and
facilities appurtenant~thereto.
GRANTOR further grants unto Grantee a perpetual
non-exclusive easement over, upon, through and across the
Servient Estate for the purpose of providing access to the
Easement Property as required to exercise the easement rights
hereinabove granted. Grantee's right of access through and
across the Servient Estate shall not interfere with Grantor's
use, development or enjoyment of the Servient Estate.
TO HAVE AND TO HOLD the same together with all and singular
the appurtenances thereunto belonging or in anywise
appurtaining to the only proper use, benefit and behoof of the
said Grantee forever for the purposes herein stated. Grantors
reserve unto itself the right of ingress and egress over, upon
and across the Easement Property and the right to utilize same;
provided such reservation, shall in no way impede the easement
rights herein granted or the exercise of the rights hereunder
by Grantee.
1
~. .
:
.
.
herein shall binding .
The easement granted be upon the
parties hereto and their respective successors and assigns and
shall be a covenant with and appurtenant to the Servient Estate
which shall not be released or amended in any manner without
the written consent of the Grantee as evidenced by an
instrument executed with the same formalities as this document.
IN WITNESS WHEREOF, Grantor has executed and sealed these
presents on the day and year first written above.
WITNESSES: GRANTOR:
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day before me, a Notary
Public duly authorized in the state and County named above to
take acknowledgments, personally appeared , to
me known and known to me to be the person who signed the
foregoing instrument as such person, and acknowledged the
execution thereof to be her free act and deed, as such person
for the uses and purposes therein mentioned.
WITNE~ my hand and official seal in the state and County
last aforesaid this day of ,1991.
-.~. ~
( SEAL)
Notary Public
My Commission Expires:
,
2
--
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
,
FROM: CITY MANAGER l l-
e
SUBJECT: AGENDA ITEM # CJ F - MEETING OF NOVEMBER 19, 1991
RESOLUTION NO. 84-91
DATE: November 15, 1991
This is a resolution requesting that the 1992 Florida Legislature
provide adequatè funding for the preservation and repair of the
State's beaches, and identify a long-term dedicated funding source.
This resolution petitions the State to provide a stable source of
long-term funding which will allow the implementation of a Statewide
beach management program, to include beach acquisition, inlet
management, and beach preservation and restoration.
John Walker will be present at the Commission meeting to give more
background information on the resolution and to answer questions.
Recommend consideration of Resolution No. 84-91.
~6~O
RESOLUTION NO. 84-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING THE 1992 FLORIDA
LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE
PRESERVATION AND REPAIR OF THE STATE'S BEACHES, AND TO
IDENTIFY A LONG-TERM DEDICATED FUNDING SOURCE.
WHEREAS, Florida's beaches are an important part of the quality
of life of this community, providing enormous aesthetic, environmental
and recreational benefits for our residents and tourists; and,
WHEREAS, beaches are Florida's number one tourist attraction
and are thus vital to our economic well-being; and,
WHEREAS, the City Commission of the City of Delray Beach
recognizes that beach erosion continues to be a major problem in the
State of Florida, threatening this important natural resource; and,
WHEREAS, the State Legislature has enacted the Florida Beach
Management Act of 1987 creating a Beach Management Trust Fund under
Chapter 161.091, Florida Statutes, to address the erosion problem and to
direct the State to spend at least $35 million annually on beach erosion
control, beach restoration, beach renourishment and other beach
management activities,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach requests that the State Legislature provide adequate annual
funding to carry out a statewide comprehensive beach management program
to protect Florida's remaining pristine beaches and repair those that
are severely damaged, and consider the Department of Natural Resources
1992 budget request of $39 million.
Section 2. That the City Commission further requests that the
State Legislature give serious consideration to identification of and
dedication of a fair and stable source of long-term funding to fully
implement a statewide beach management program for preserving,
acquiring, and restoring Florida's threatened sandy beaches.
PASSED AND ADOPTED in regular session on this the 29th day of
October, 1991.
MAY 0 R
ATTEST:
City Clerk
.
rk
,
'-:'";'''"
C I T Y COM MIS S ION DOCUMENTATION
TO: David Harden, City Manager
VIA: ~ ~~irector of Planning Department
FROM: John Walker, Project coordinato~ ¿¿J.~
DATE: October 22, 1991
SUBJECT: MEETING OF OCTOBER 29, 1991
A RESOLUTION REQUESTING THE 1992 FLORIDA LEGISLATURE TO
PROVIDE ADEQUATE FUNDING FOR THE PRESERVATION AND REPAIR
OF THE STATE'S BEACHES, AND TO IDENTIFY A LONG-TERM
DEDICATED FUNDING SOURCE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is to approve a
resolution requesting the 1992 Florida Legislature to
provide adequate funding for the preservation and repair
of the State's beaches, and to identify a long-term
dedicated funding source.
BACKGROUND:
The issue of a dedicated source of Statè funding for beach erosion
control has been targeted by coastal communities as a method of
addressing the statewide problems of beach preservation and erosion
control in a comprehensive manner. The present method of fund
allocation leaves erosion control at the mercy of budget
fluctuations and inhibits a coordinated approach to problem-solving.
A stable source of long-term funding will allow implementation of a
Statewide beach management program, including beach acquisition,
inlet management, and beach preservation and restoration.
RECOMMENDED ACTION:
By motion, approve a resolution requesting the 1992 Florida
Legislature to provide adequate funding for the preservation and
repair of the State's beaches, and to identify a long-term
dedicated funding source.
DJK/JW/leh
Attachment
* Resolution
JW/#3/DNR3.TXT
·
MEMORANDillI!
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER l-fJ/1V1
SUBJECT: AGENDA ITEM #: '!<Ÿ - MEETING OF NOVEMBER 19, 1991
RESOLUTION NO. 94-91
DATE: November 15, 1991
This is a resolution formally establishing a policy on ethics and
providing for compliance with Florida Statutes Chapter 112, Part
I I I. This item was discussed at your November 5, 1991 workshop
meeting, at which the Commission by consensus, agreed to bring forth
this item to the next regular meeting for action.
Recommend consideration of Resolution No. 94-91.
p~ l{ +-0 l
[mOLt-W d¡'SSÐl~nc¿)
,"'.
· . I' Is- CJol.... ~~
[ITY DF DELHAY BEA£H ·
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY DEA~H, FLORIDA 33444
FACSIMILE 407/278-4755 Wr.1.t_r - D.1.r_at L.1.n_
(407) 243-7081
MEMORANDUM
DATE: October 9, 1991
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Ethics Resolution
The City Commission at a Workshop Meeting in September
requested that our office prepare a modified ethics resolution
and indicate the "pros" and "cons" of the revised resolution.
In the modified resolution, the requirement for "disclosure
before a vote of any conflict that may exist or is reasonably
perceived as a conflict" is eliminated. The term "conflict"
and its definition are deleted from the resolution.
Instead, the resolution states that City officers and employees
shall mèet the statutory requirements of Florida Statute
Chapter 112, Part III, as is already required by law, and, in
addition, states it is the policy of the City that its officers
and employees ought to avoid the appearance of impropriety.
The resolution defines the appearance of impropriety as conduct
which seriously undermines the public trust as perceived. by
reasQnable impartial observers.
The resolution as currently worded does not significantly
enlarge the ethics requirements of state law, and provides
safeguards against overzealous application. In order for there
to be a violation of the policy contained in the resolution
there is a requirement that there be a serious undermining of
public trust as perceived by reasonable impartial observers.
In addition, the policy is stated as a goal rather than a
mandate with the elimination of the word "shall" and the
substitution of the words "ought to" in Section B of the
resolution.
Our office listed several "concerns to - 'the previous ethics
resolution. The previous resolution had a broad definition of
"conflict" and failed to define "appearance of impropriety",
v.)S J4
. .
.
City Commission
October 9, 1991
Page 2
which in our office's opinion created an expansion of the state
law standards, rendering legitimate behavior open for a charge
of conflict. The current language is much less open for abuse
for the reasons described above.
our office if you desire to discuss this matter
Attachment ,-
cc David Harden, City Manage. .
Judge Kendall
ethics3.txt
.
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~ .
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:,
d
RESOLUTION NO. 94-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, FORMALLY ESTABLISHING ITS
POLICY ON ETHICS WHICH PROVIDES FOR COMPLIANCE WITH
:1 FLORIDA STATUTES CHAPTER 112, PART III; PROVIDING THAT
I
IT IS A POLICY OF THE CITY COMMISSION THAT THE
APPEARANCE OF IMPROPRIETY OUGHT TO BE AVOIDED IN THE
CONDUCT OF OFFICIAL DUTIES; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City conunission of the City of Delray Beach,
Florida, desires to formally adopt its long standing policy regarding
the ethics of City Employees, members of City Boards, conunissions and
Conunittees and all its City Officials relating to the performance of
their official duties; and,
WHEREAS, it has been the policy of the City that all City
Employees, members of City Boards, Conunissions or Conunittees and all
City Officials ought to avoid the appearance of impropriety; and,
WHEREAS, Section 112.326 of the Florida Statutes authorizes
municipalities to impose upon its officers additional or more stringent
requirements than those specified in the Florida Statutes,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City conunission formally establishes and
adopts its policy on ethics which shall read as follows:
Ethics
A. Public Officers and City Employees, including members of
City Boards, Conunissions and Conunittees shall fully comply
with Florida Statute Section 112.313 et seq which sets
forth the Code of Ethics for Public Officers and
Employees.
B. It is the policy of this City that its Public Officers,
Board and Conunittee members, and City Employees ought to
avoid the appearance of impropriety in the conduct of
their official duties. The "appearance of impropriety" is
conduct which seriously undermines the public trust, as
perceived by reasonable impartial observers.
Section 2. That this resolution shall take effect inunediately.
PASSED AND ADOPTED in regular session on this the 19th day of
November, 1991.
I ~~,
.. M~OR
ATTEST:
(J /j~Y!J2( )¡J¡~ 1Io~
ity Cle
.
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ¿I}/J
SUBJECT: AGENDA ITEM #: q~ - MEETING OF NOVEMBER 19, 1991
ADDITIONAL EXPENDITURES/FIRE STATION NO. 5
DATE: November 15, 1991
We have encountered a problem with respect to the acquisition of the
permanent and temporary Fire Station No. 5 sites from the Bloods.
The problem appears to be that the Bloods were under the assumption
that the City would pay brokerage fees. Those fees are equal to
$14,500 for the permanent site and $1,600 for the temporary site.
Additionally, Mr. Blood has indicated that he will not lease the
subject property independent of a contract to purchase the permanent
site or vice versa. A detailed staff report is attached as backup
material for this item.
Recommend consideration of a request for payment of brokerage fees
for the acquisition of the permanent and temporary Fire Station No. 5
sites.
,"<.
[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE zoo NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444
FACSlt-tILE 407/278-4755
Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: November 15, 1991
To: City Commission µ~
From: Jeffrey S. Kurtz, City Attorney /'
Subject: Temporary and Permanent Fire Station No. 5 Contracts
With the Bloods; Our File #01-91.017
A problem has arisen with respect to the acquisition of the
permanent and temporary Fire Station No. 5 sites from the
Bloods. As the Commission will recall, the purchase and lease
of the property was approved for $145,000 (purchase of the
permanent site) and $16,000.00 (two-year lease) . In addition,
because the City had taken the position that this was equiva-
lent of a taking, the City had agreed to pay the costs of
closing, specifically excluded was any brokerage fees. The
reason brokerage fees are excluded are that in an eminent
domain situation, a city is only required to pay fair market
value for the property and if there be other parties with
interest in the property, i. e. , mortgagee, tenants and/or real
estate brokers, they have to share in the value of the
property.
Clemmer Mayhew was involved in identifying the availability of
the site(s) to the City. During negotiations with Ms. Stanley
I was, however, unaware of any contractual obligation that the
Bloods may have had toward Mr. Mayhew, and Ms. Stanley
apparently misunderstood the outline of the terms. In the
contract that was submitted to the Bloods, they indicated that
they expected the City to pay Mr. Mayhew's brokerage fee in the
amount of 10% ($14,500.00 on the permanent site and $1,600.00
on the lease site for a total of $16,100.00 in compensation).
Generally, brokerage fees are paid by the seller and in most
cases go to more than one brokerage firm. The fees are paid
from the purchase price such that the owner is only entitled to
90% of the total price agreed to.
I have attached a copy of correspondence received from Carol
MacMillan Stanley concerning their confusion over the term
"costs" and their position that the lease is not severable from
the permanent site acquisition.
Memo to City Commission
November 15, 1991
Page 2
It is our office's position that the contracts for the lease
and purchase were separate. They were negotiated separately.
At various times during the negotiations it was made clear to
Ms. Stanley that the City would possibly go forward with one
contract and not the other, and there is no linkage in the
contract that was accepted by the Bloods. Therefore, the City
Attorney's Office believes that we can accept the lease agree-
ment by paying, in addition to the lease amount, Mr. Mayhew's
commission in the amount of $1,600.
With respect to the permanent site acquisition, our office
would recommend that we explore other options, including
alternative sites and re-look at the cost of taking the
property.
Should you have any further questions regarding this matter,
please do not hesitate to contact the City Attorney's Office.
The items will be placed on the City Commission agenda for
direction on November 19, 1991.
JSK: jw
cc: David Harden, City Manager
Chief Kerry Koen, Delray Beach Fire Department
Carol MacMillan Stanley, Esq.
*"
," -~"--"------"
~~~-~¿:~..u. .·~Þ '~b~·.~'~:":~þi";~¡'~"i".&:.:2~:"""r"''''r -~~,;........,.~~....,. ........" _'..........__..;., - --_.
~~. A CONFIDENTIAL OFFICE LISTING
m - ÑJi-¡¡ i ***Exclusive Right of Sale Listing Agreement
____J t!> Listing No.
THfS AGREEMENT made and entered inlo this 2ndday 01 January , 19~, by and between Clemmer Mayhew III"REALTOR')
and NormAn W /?, r.Rro1 y" T Blood ("OWNER')
10 list and use.vpw besl effort) to secure a purchaser for the property described as: 4549 Linton Blvd.. De1rav Beach
I1U acres~more or Less) per attached survey
WITNESSETH:
1, TERM: That Owner h;rebY ,giv~s REAL !OR lor a period of 12 monlhs, terminating the 2nd day of J ' 19-2.2... or
any renewals hereof ( Termination Date) the EXCLUSIVE RIGHT AND AUTHORITY to sell that property described a~õ\.t¿~JP1operty·) upon the following
price and terms or any lower price acceptable to Owner:
PRICE: $1 r:; m; 1 ] ion (iJl tho T9î~i' c to morl a Ð or liS othtHWlse accs table fa OWNER
2, FAR/BAR CONTRACT: That In the event a purc a er ound for Property on said price and terms or as otherwise acceptable 10 Owner then this
tran~action w~1I ?e dosed in conlormity with the Terms and Standards contained in the Contract for Sale and Purchase most recenlly appro~ed by the
Flonda Assocla~on of REALTORS and the Florida Bar, which instrument or its equivalent will be úsed in connection with this transaction.
3, REAL TOR'S RESPONSIBILITIES: That In consideration of this Exclusive Right of Sale, REALTOR agrees:
A. To process Property through the Multiple Listing Service offered by the Delray Beach Board of REALTORS, Inc. To advertise Property as
REALTOR deems advisable in newspapers, publications or other media,
B, To iaspect Property and otherwise promote sale of Property,
C, To furnish information requested by any other REALTOR or licensed real estate broker and to assist cooperating broker in closing transaction on
the Property when requested,
D, To tako all reasonable precautions to prevent damage in the process of showing Property or permitting others to show Property but to accept NO
RESPONSIBILITY for damage or loss either to Property or personalty therein.
4, OWNER'S RESPONSIBILITIES: That in consideration of the obli'l!tions of the REALTOR, Owner agrees:
A. To pay the REALTOR compensation In the amount 01 en( 1 O~J the purchase prièê ("lull compensation·) or 10% lor a lease or
lease option for the lollowing: ,
a) REALTOR's services in effecting a sale or by finding a purchaser ready, willing and al:lle to purchase pursuant to this Agreement, or,
b) If a purchaser be secl.ired by Owner or any other person during the term of this Agreement, or extension thereof,
The compensation sh'hf( be deemed earned at the time a ready, willing and able purchaser is found or secured and payment shall be at the
time of closing of the tfansaction
B. To immediately refer to RËAL TOR all inquiries relative to the purchase of the Property, Failure to do so will obligate Owner for the ·full
commission' if a purchase results from an inquiry not referred, during the term of this Agreement or extension thereof,
C, To pay REALTOR the compensation above stated in the event of a sale or exchange, lease with option, long-term lease, contract lor deed, or a
joint venture, partnership, syndication or, corporation is lormed by Owner and prospective purchaser of the Property during the term of this
Agreement, whether said sale or exchange, lease with option, long-term lease, contract for deed, joint venture, partnership, syndication or
corporation lormed by Owner and prospective purchaser be accomplished by the REALTOR or any other person or entity, including the OWner,
Any exchange, lease with option, long-term lease, contract for deed, or a joint venture, partnership, syndication or corporation shall be deemed a
·sale· for purposes of this Agreement and in that event the purchase price for purposes of calculating the REAL TOR's compensation shall be the
consideration received by Owner,
D, In the event that the deposit(s) be retained, 50% thereof, but not exceeding the compensation above provided, shall be paid to the REALTOR as
consideration for REALTOR's services, including costs expended by REALTOR, and the balance shall be paid to Owner, If the transaction shall
not be closed because of refusal or failure 01 Owner to perform, the Owner shall pay the full compensation as specified in Paragraph 4A to
REALTOR, upon demand.
E. To be obligated to pay compensation due REALTOR if Property is sold, conveyed or otherwise transferred within 1 AO days time after
Termination Date to anyone with whom REALTOR and those working by or through the REALTOR, or the Owner, has had negotiations prior to
Termination Date, and whose name has been submitted to Owner in writing prior to termination of Agreement. However, the obligation to pay such
compensation to REALTOR shan be waived il a valid listing is entered into subsequent to Termination Date with another licensed real estate broker
and a sale, lease, exchange or contract therefore, of the Property is made during the term thereol.
F. To warrant accuracy of information set lorth above and to indemnify REAL TOR and those relying thereon for any errors therein,
5, DEPOSITS: That as agent for Owner! REALTOR, or any cooperating licensed real estate broker, is authorized to accept, receipt for and hold all monies
paid or deposited as a binder or dep6sit on the purchase of the Property, and the duties 01 the broker relative thereto shall be in accordance with the laws
of the State of Florida and regulations of the Florida Real Estate Commission.
6, NO GUARANTEE: Owner understands that this Agreement does not guarantee the sale of the Property but that it does assure that REALTOR will make
an eamest and continued effort to sell Property until this Agreement is terminated, This is an Exclusive Right of Sale which divests Owner of his inherent
right to dispose of the really during the term 01 this Agreement, or extension thereof, without payment of a "lull commission· and is not to be construed as
an Exclusive Agency Listing.
7. WITHDRA WAL: That in the event Owner decides because of a bona fide change of circumstances, acceptable to REALTOR, not to sell the Property,
then Owner may by lirst signing a Withdrawal Agreement, and simultaneously therewith paying a cancellation lee 01 expenses ,conditional1y
terminate the within Agreemen1, (If left blank, then REALTOR'S out-ol-pocket expenses shall be reimbursed,) However, Owner agrees that in thG evont
Property is contracted for sale during the time period from agreed termination to original Termination Date, to any party, then the early termination
provided by this paragraph will be voidable by the REALTOR and the Owner will be obligated to pay the REALTOR the agreed compensation set forth in
subparagraph 4A, less any sum paid pursuant to this paragraph, If a contract is entered into at any time between Owner and any party introduced to the
Property by REALTOR, or those working by or through REALTOR, including Owner, during period prior to early termination of Agreement, arid if
compliance is had with the provisions of subparagraph 4E, then the obligation to pay compensation to the REALTOR will continue for the period of time
set forth in subparagraph 4E and as otherwise authorized and limited by the terms of that subparagraph,
8. SfGN: I (or we) hereby authorize the placement of your ·For Sale· sign on the Property and a ·Sold· sign upon signing an acceptable contract
9, LOCKBOX: (Check one) Owner clesires_ does not desi!e_ utilization of a Lockbox system, In this connection, Owner has been informed that
through the use 01 a Lockbox system, the Property may be more readily shown to prospective Buyers, but personal property of the Owner may, therefore,
be more susceptible to thelt or damage, Owner agrees that the Lockbox, if utilized, will be lor the benelit of Owner and releases REALTOR and those
working by or through REALTOR and the REALTOR's local Board(s) 01 REALTORS from all liability and responsibility in connection with any loss that
Inayoccur",
10, LA TENT DEFECTS: Owner specifically acknowledges and understands that where Owner knoWs of facts materially affecting the value or desirability of
the Property, whether said facts are readily observable or not readily observable, then Owner is under a duty 10 disclose said facts 10 the Buyer and to the
REALTOR, If Owner knows of sèid facts, he shan set them lorth in writing below or by written document attached to this Exclusive Right of Sale Listing
Agreement and presented upon .xecution of this Agreement Owner has fully reviewed this Agreement and the information relative to said Property (as
shown in the listing information above anellor the attached listing information sheet) and Owner warrants, to the best of his knowledge. the accuracy 01
said information, Owner agrees to indemnify and hold harmless REALTOR and those relying thereon for damages resulting from the inaccuracy of said
Information and from Owner's failure to disclose any facts materially affecting the value or desirability 01 the Property,
KNOWN LATENT DEFECTS:
11, FAIR HOUSING ACT: The Owner agrees that under the 1968 Fair Housing Act he has the responsibility to sell his property to a qualified buyer
regardless of race, color, aeed, national origin, or sex, and will do so,
12. ATTORNEY'S FEE: That as regards 10 any litigation, including appellate proceedings arising out of this Agreement, the prevailing party shall be entitled
to recover reasonable attorney's fees and costs,
13. LEGAL & B/NDfNG: This is a legal and binding contract on all parties hereto, including their heirs, legal representatives, successors and assigns,
IN WITNESS EOF the partics her to h set their hands and seals the date and year first written ab~e,,,, /1 I
1, 1. ~c-£V,/~ t/z g,
(Date) II\,an W Bloo , Jr. , L !2!f]..
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"",....,. ~lil""l"O"" ""1~!OÆ '1f""""C'.-1 Pf11tO-' "I,,,r:,on '..,\..,:,,.... ".......... I............
LAW OFFIGES
MACMILLAN, STANLEY & PURDO .
MACMILLAN BUILDING
29 NORTHEAST FOURTH AVENUE
P. O. BOX 820
DELRAY BEAGH, FLORIDA :3:3447-0820
NEIL E, MACMIL.L.AN TELEPHONE
CAROL. MACMIL.L.AN STANL.EY November 8, 1991 (407) 276·6363
THOMAS G. PURDO (407) 272·S 7 5 7
(407) 737-6600
Jeffrey S. Kurtz, Esquire
City Attorney
City of Delray Beach
200 N. W. First Avenue
Delray Beach, FL 33444
In re: Temporary and Permanent Fire Station #5
Dear Jeff:
Mr. Blood's understanding was that the price offered was net,
net, net. This included the presumption that the City would pay
the broker's commission. If this will necessitate City Commission
approval, then please proceed on that basis.
Apparently there is a misunderstanding on this point. Mr.
Blood fee~that this was discussed in April during the preliminary
discussions and continuously believed that the broker's commissior..
was under the description of "costs" to be paid by the City.
Yours very trul ,
{} ~-~-<
CMs/lo
cc: Mr. Blood
Clemmer Mayhew, Realtor
·'
LAW OFFIOES
MAcMILLAN, STANLEY & PURDO .
MACMILLAN BUILDING
29 NORTHEAST FOURTH AVENUE
P,O, BOX 820
DELRAY BEAOH, FLORIDA 33447-0820
NEIL E. MACMILLAN TELEPHONE
CAROL MACMILLAN STANLEY November 13, 1991 (407) 276 - 6363
THOMAS G. PUROO (407) 272-5 757
(407) 737-6600
Jeffrey S. Kurtz, Esquire
City Attorney
City of Delray Beach
200 N. w. First Avenue
Delray Beach, FL 33444
In re: Temporary and Permanent Fire Station #5
Dear Jeff:
This will advise you that Norman Blood will not lease the
subject property independent of a contract to purchase the
permanent site or visa versa. Please consider this statement as an
addendum to both contracts.
Yours very truly,
----- ~~À
,,,
Carol MacMillan tanley;
CMS/lo
Enclosures
cc: Mr. and Mrs. Blood
Clemmer Mayhew, Realtor
Jill' JI[ ll11nß 11_ I . rr~
''"
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
(V-¡t ;~
FROM: CITY MANAGERC ·1
SUBJECT: AGENDA ITEM # qr - MEETING OF NOVEMBER 19, 1991
CHANGE ORDER NO. 2/PAVEX CORPORATION, INC.
DATE: November 15, 1991
This is a change order in the amount of $63,000 to the contract with
Pavex Corporation, Inc. for the resurfacing of alleys as part of the
Central Business District (CBD) Alleyway Improvement Program.
Attached as backup material for this item is a map which shows the
affected areas.
This project would involve those alleys in the CBD which only need to
be resurfaced. Alleys needing to be reconstructed would not be done
until after the current season, in April or May of 1992. We are
proposing to do these resurfacings by change order so that we can get
started on this highly visible Decade of Excellence project as soon
as possible. Resurfacing can be done so quickly that we do not
believe it would adversly impact users of these alleys to go ahead
and do this work now.
Funding is available in the Decade of Excellence Bond Issue - Alley
Reconstruction (Account No. 225-3162-S41-61.43). Prior year balance
$438,607.
Recommend approval of Change Order No. 2 in the amount of $63,000 to
the contract with Pave x Corporation, Inc.
~~~ b~O
.~ ,~
~ .
Agenda Item No.:
AGENDA REOUEST
Request to be placed on: Date: Nov. 15, 1991
---1L Regular Agenda ____Special Agenda ____Workshop Agenda
When: 11/19/91
Description of agenda item (who, what, where, how much)____
Staff request City Commission to approve Change Order Number 2 to
Pavex Corporation, Inc. for resurfacing alleys 74, 75, 82 and 93,
portion of N.W. 3rd Street, 105, 107, 116, 101, 102, 94, 77, 78 and
69. Amount $63,000.00 Funding Source: 225-3162-541-61.43. City
Commission approved October 31, 199.0.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval to Pavex Corporation to
resurface alleys in the amount of $63,000.00
Department Head Signature: ¿.;¡j' XL7~ -. J.I_Þ //,//c¡,¥
Determination of consi~tency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds): WINO
Funding available:
Funding alternatives (if apPlicabl~
Account No. & De4C$l.ption "l:tl';-3r~2.-S4\.01-4-3 Â-LLE-'{ "'-C{)N~w.,~
Account Balance ~ I Í10Î p~ 0« ~r<. BALkNC.c:
City Manager Review:
d~/NO "'7'- ì
Approved for agenda: t !
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
,.
"
MEMORANDUM
TO: Mr David Harden, City Manager
FROM: William Greenwood, Director Environmental Services Aa~ 1!j¡..5k
SUBJ: Alley Resurfacing, Project No. 91-53
DATE: November 15, 1991
Our office has determined the potential cost to overlay the
alleys we identified on our field investigations. As we discussed
earlier we determined that the following alleys could be overlayed:
A ll~..ê
74, 75, 93, 82, 89* , 105, 107, 116, 101, 102, 94, 77, 78, and 69,
*We agreed that alley 89 did not need to be overlayed, but the
pavement within NE 3rd Street adjacent to alley 89 was in need of
an overlay.
The cost to execute this work was determined with the contractor
under the 1991 Street Resurfacing Contract. The cost is estimated
as follows:
ITEM Q!Jj~J:~TITY lJÌ'I I T~P_R:( C E.: TQJ'A kÇÇL~T
Asphalt Type S-3 1135 Tons $ 33.95 $38,533.25
Adjust MH Frame & Cover 22 Each 120,00 2,640.00
Adjust Inlet Grates 1 Each 350,00 350.00
Adjust Valve Boxes 17 Each 35.00 595.00
Adjust Cleanouts 8 Each 100.00 __8.00.0l)
TOTAL $42,918.25
Additional alleys as approved 20,000.00
TOTAL $62,918.25
SAY $63,000.00
Once approval has been obtained to accomplished this work we will
notify the contractor to begin so he can complete by the end of
this year.
- .
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NUMBER OF
ALLEY ALLEY IJORK TO BE ACCOMPLISHED APPRO X, CoNST, START ¡COMPo DATE
_ 14 OVERLAY AND LEVELING COURSE JAN. 1992 APRIL 1992
CITY of DELRA Y BEACH ... ALLEY
~ ENVIRONMENTAL SERVICES DEPARTMENT ~ IMPROVEMENT
.:14 S011lB SWINTON AVENUE, DILRAY BIACH. ftORlDA s:w« PROGRAM
CITY ATTORNEY'S OFFICE TEL r~o, 407 27S 4755 r,jO\l 15 ,'~J 1 16:CIS F',1:12
I
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[ITY DF DELAA' BEA[H .
CITY ATTORNEY'S OFFICE ;:00 !,W 1~{ '.\'ENl'f . DELfIAY BL-",C'!j fL';['ÍUA '\444
FACSI/l.HLE 407/,';$415;' Writer I s Direct Line
(401) 243-7092
~~
D~t(: ~ November 15, 1991 /l
/,' .I
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'I'L; : ctty Commisslon //"
/ / ..,.'-
/ /'
Jeffrey S, I ....F'
From. '''urtz, City AtLolney -
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER L~
SUBJECT: AGENDA ITEM # c:r I< - MEETING OF NOVEMBER 19, 1991
APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES
DATE: NOVEMBER 14, 1991
Mr. John Tranter, one of the two Commission appointees (public
members) to the Police and Fire Board of Trustees, has submitted
his resignation. Therefore, a vacancy has been created to a term
ending April 22, 1993.
The following individuals have submitted their names and
applications for review and consideration:
/ fiN0 lìJíW 8L( Ilk.. /l?ou u..J
John M. Duane, Jr.
(Jack Duane)
Rosalind Murray
Based upon the rotation system previously adopted by the
Commission, the appointment is to be made by Commissioner Mouw
(Seat #1).
Recommend appointment of a public member to the Police and Fire
Board of Trustees to fill an unexpired term ending April 22,
1993.
..
. ' ,
CITY COMMISSION
- CITY CLERK
. l~ q I Barnett Bank of Martin County, N.A.
llJ
µf-'
900 South Federal Highway
John E, Tranter Stuart, Florida 34994
Executive Vice President 407/288-9726
October 23, 1991 1\ tv I; -
""'., "., ..:: /1 V, ~ D
' , ;'1
David Harder-. City Mar-ager OCT 25 1991'
City of Delray Beach CI r'r 'v1A '
I f'¡¡¡(j-" h_ -
100 NW First Avenue tff ,J UiHCE
Delray Beach. Florida 33444
Dear Mr. Harden:
Due to a recent promotion and relocation with Barnett Bank, I am unable to
continue as Chairman and Board Member of the City of Delray Beach Police and
Firefighter's Pension Fund. Please accept this letter as my resignation,
effective immediately. If for some reason you are unable to fill the
position immediately, I am available to attend at least the next couple of
meetings.
I very much enjoyed my tenure on the Pension Board as Chairman and Board
Member for the past three and one-half years. This recent promotion will
take me away from Delray Beach, where I have resided for over 36 years. The
best of luck to you and to the City of Delray Beach. I think Delray is a
great place to live and I have enjoyed my years there.
v~~
Jo . Tranter
E e tive Vice President
JET/eel
Florida's Bank. Since 1877.
...
, .
. £y. / (] / ex c¡/?¡
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME John M. Duane, Jr.
1020 Vista Del Mar Drive, South
, . t¥~JgWN M gYANE JR
.HOME ADDRESS (Street, C~ty, Z1p Code) (LEGAL RESIDE _,_ VISTA DEL r1AR DR
Delray Beach, FL 33483 D..~i1X{ 2Ef,CH FL 33483
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE "1.... î. &- b , 'i ð BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
~~ ~ -ÿ-~ ~
~ ' t..... ~
"S t--.....
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
~ .\\..~ - '{ ~ "..-'L
EDUCATIONAL QUALIFICATIONS ~ ~~-~ ~.~
~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
ç ~ ~ 0. r~~
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ~
C. ~ P. ß-.. ~M ~ ~ ~ ~~~Q",..~
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD \-\ v--4- ....Þ-.,....- 0 _~ ) 0 tJ 0 ~.~
~ ~
\-\~~ ~ J\ _<t~ ~ \ -
~ ~ 'k~ft-ç~~~ ~ \~
PL~ACH A BRIEF RESUME. \-\ ~.9 ')..b - _ J\ ,
,.- ,.. -v~ .Jl.-. ~
~ ~ \q~)
I HEREBY ERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~~~. . 0.. '!" ) ID-2..'i.-<\,
SIGNATURE DATE
4/90
,.
.~
CITY OF DELRAY BEACH Iv- c //[/Ir;
BOARD MEMBER APPLICATION
City, Zip Code)
HOME PHONE 'ft¡.J ·=4'1 _1 ! BUSINESS PHONE . ·i..D-¿t.,JL3
.
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING (' j(.4' p/lLnl1inrt ?nhl'Y1j
~~:nf~ t~:~ t~!~:ç};:j~~;=~
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
,;¡j1 &.r j,~JI) r ùf lW-e/J1,t1_e--/
EDUCATIONAL QUALIFICATIONS r-¡: h UN f1
Ð.eY~L ì '" l!1{V¡~Jt~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
11(1-
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
fJ {¡.11 ße¡J cJ¡ (ÅI2~ ht ~d (¡f d Mtrfy fI./J f/J1 MiS <) /dY1eKs,
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
t~~t~e~lf~ -1:~~:ij~~~t1¡;:!J~~S0
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
1~~¡t\7xiJA~ to/1ft¡
4/90
..
-.
.
ROSALID L. IIJRRAY
4240B Village Drive
Delray Beach, FL 33445
(407) 495-4431
PROPESSIOIAL
mlRIDCB Minority/Women's Business Enterprise Coordinator, Pal. Beach County, PL
7/88-present - Develop and implement M/NBE program in accordance with M/NBE ordinance. Provide
certification, monitoring, and compliance elpertise to M/NBE's and county entities.
Serve as liaison between Board of County Co~ssioners and minority business community.
Prepare public relations materials on M/WBE program, such as brochures, directories,
and handouts. Organize seminars to educate county employees on the benefits of program
as well as KRE's. Provide technical assistance to M/WD!'s, assist them in the development
of'their business,
6/86-7/88 Marketing Specialist, (endall Square Associates
- Develop marketing plans, business' plans, and productivity analysis for small business.
Prepare analysis through use of computer generated data and demographics. Identify
marketing trends that effect small business. Advice clients of areas of market strength and
weakness.
- Interact with civic and corporate organizations on behalf of client base, COlllllUDicate
with Purchasing Representatives; encourage sponsorship of programs that benefit clients.
Develop and implement goals for use in client procurement programs. Organize seminars,
trade fairs, and workshops to educate small business in the areas of Marketing, and
Management.
5/85 -6/86 Sales Specialist, Burdines DepartleDt store
- Analyze product market trends for dress department. Prepare survey instruments; develop
in store product reports. Liaison between sales floor and buying office. Compile data
used by Buyers to forecast future buying seasons.
1/84-2/85 Public Relations Manager/Marketing Consultant, Greater Pittsburgh Business Development Corp.
- Responsible for conceptualizing, writing copy, and editing all corporate publications including
Annual Reports, brochures, advertisements, signs, calenders, and award fliers. Conceived and
implemented public relations programs and media blitzes.
- Responsible for preparing marketing plans, feasibility, and marketing studies for clients,
Analyzed demographic, industrial, and computer generated data. Identified client target markets,
Analyzed competition in given areas. Developed market research survey instruments. Developed
pricing, advertising, promotion and merchandising strategies. Supervised monthly Departmental
bi 11 ings . Prepared Marketing Group reports for Quarterly and Annual Reports.
9/82 - 12/83 Marketing Assistant, Greater Pittsburgh Business Develop IeDt Corp.
- Prepare marketing and operational plans for use in small business loan applications.
Assisted in all phases of official corporate communications, Prepare copy for client
brochures. Wrote resource book on financing available for small business.
£000'1'101 B.S., Hampton University, Hampton, VA
8/76-5/80 Kajor: Karketing
COIOOJIITY
AC'rIVITIIS Leadership Pal. Beach 1990
Ft. Lauderdale Junior League 1990
Minority CUltural ConsortiUl Board 1990
Council for Blact Economic Development Board/Public Affairs Chair 1988-present
Amputees for Training, Education, and Rehabilitation 1988-1989
"I'"
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
t
FROM: CITY MANAGER c' '"
SUBJECT: AGENDA ITEM :It '0" - MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 75-91
DATE: November 15, 1991
This is a second reading of an ordinance amending the Land
Development Regulations to provide for the issuance of temporary use
permits for City operated facilities.
Wi thin the Land Development Regulations there is a section which
allows temporary uses of property regardless of zoning district. In
addition to circuses and construction trailers, staff is recommending
that we add to our Code the classification of City operated
facilities when approved by the City Commission. This ordinance will
be immediately applicable to the temporary fire station on the
Blood's property.
The Blood's have requested that the property retain the Agricultural
zone designation rather than being converted to Community
Facilities. It is staff's opinion that this is appropriate given the
temporary nature of the Community Facilities development and the
inability on the City's part to guarantee that zoning would revert to
Agricultural at the time the City's lease expires.
This ordinance modification would also afford the City the
opportunity to create other substations for police, fire, or
municipal services at shopping malls and the like.
The Planning and Zoning Board will review this ordinance at their
November 18, 1991 meeting. A verbal report will be made at your
Tuesday evening meeting.
Recommend approval of Ordinance No. 75-91 on second and final
reading.
p~ dnD f!.HufL
5--0
~ .
CITY DF DELRAY BEA[H
j11lY ATTORNEY'S OFFICE " '''':,,' ,',,\ì ,,¡,\ :i. ,: "RID,\;,;.J
'. Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: October 25, 1991
To, City Commission ;J r10
From: Jeffrey S. Kurtz, City Attorney ,¡II
(
Subject: Ordinance No. 75'-91, Establishm~nt of Temporary Use
for City Operated Facilities; File #01-91.017
Wi thin the Land Development Regulations there is a section
which allows temporary uses of property regardless of zoning
district. In addition to the circuses and construction
trailers, staff is recommending that we add to our Code the
classification of City operated facilities when approved by the
City Commission. This ordinance will be immediately applicable
to the temporary fire station site on the Blood property.
The Code amendment will allow the temporary fire station to be
located on the property without rezoning the property. The
temporary site is being annexed into the City in order that we
can speed up the placement of the temporary fire station on the
premises versus going through the approval process in the
County. The Bloods have requested that the property remain
Agricultural zone designation rather than being converted to
Community Facilities. It is staff's opinion that this is
appropriate given the temporary nature of the Community
Facilities development and the inability on the City's part to
guarantee that zoning would revert to Agricultural at the time
the City's lease expired. If the property was zoned Community
Facility, the Bloods could not reconvert their property to
Agricultural use until such time as the property was rezoned
Agricultural.
This ordinance modification would also allow the City the
opportuni ty to create other substations for police, fire, or
municipal services and shopping malls and the like.
Should you have any questions concerning this ordinance, please
do not hesitate to contact our office.
JSK: jw
cc: David Harden, City Manager
David Kovacs, Director of Planning and Zoning
bloodscc.txt
CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 15,91 14:58 P.;:2
~ U
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ORDINANCE NO. 75-91
AN ORDINANCE or THE CITY COMMISSION OF THE CITY or
DI!:LRAY BEACH, FLORIDA, AMENDING CHAPTER 2,
"ADMINISTRATIVE PROVISIONS" , ARTICLE 2.4, "GENERAL
PROCEDURES", OF THE LAND DEVBLOPMENT REGUlATIONS or
'1'HE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 2.4.6{H), "TEMPORARY USB PBRMIT", TO PROVIDE
rOR THE ISSUANCB or TEMPORARY USE PERMITS FOR CITY
OPERATED FACILITIES; 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, AS FOLLOWS:
Section 1. That Article· 2.4, "General Procedure.", Section
2.4,6, "Procedure. for Obta1ninc¡ Perm1 t. and Approval.", of the Land
Development Regulation. of the Code of Ordinance. of the City of Delray
Beach, Florida, be, and the .ame i. hereby amended to read a. tollow.:
(H) Temporary U.e ,ermit: A temporary lI'f .hall be required
for any of the uses listed below. The grantin authority of each
u.. is as shown.
· ~ Circus~s or Carnivals -- City Commi.sion
· 2, U.e. uder a Tent -- City comm1.sio~
· r;: Sale. OUice. and Modele at a re idenUal developer
.ite -- Chief Buildinc¡ Otficial
· 4. Con.truction trailer. and compounds -- Chief Bulldin9
- Official
5. City Operated Foc111t1e. -- City Commi'8ion
Section 2. That should any .ectlon Or provision of this
ordinance or any portion thereof, any para9raph, .entence, or word be
declared by a court ot competent juri.diction to be invalid, 8uch
deci8ion 8hall not affect the validity or the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
SecUon 3. That all ordinance. or part. of ordinances in
conflict herewith be and the .ame are hereby repealed.
Section 4. That this ordinance .hall become effective upon
pa..age on .econd and final reading.
PASS!D AND ADOPTED in regular session on .econd and Unal
readin9 on this the ___ day of , 1991.
MAYOR
ATTEST:
Ci ty Clerk
Fir8t Reading
Second Reading
j,.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
CITY MANAGER '~'l- ,
FROM:
,
SUBJECT: AGENDA ITEM #: 10 B - MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 77-91
DATE: November IS, 1991
This is a second reading of an ordinance amending the City Charter by
making revisions to Article III, "Legislative", Section 3.01,
"Commission-City Manager Form of Government¡ Term of Office¡ Number ¡
Offices of Vice-Mayor and Deputy Vice-Mayor¡ Succession to Office of
Mayor" , to provide for a change in the length of Commissioners' terms
from two (2 ) to three (3) years. The term increases would begin with
the 1993 and 1994 elections, if approved by the voters. As result
thereof, there would not be an election every year. This ordinance
also provides for a referendum election to be held on March 10,
1992. The ordinance shall not be effective unless it is approved by
a majority of the electors of the City voting at the election.
Recommend consideration of Ordinance 77-91 on second and final
reading.
p~4tdl .
C f)fl :::; )
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:JTY DF DELRAY BER[H
î ~rv:lfTORNEY'S OFFICE ! '.¡< \- I: J:: ',\ '.-.""
, ....\..
, , Writer's Direct Line
(407) 243-7090
MEMORANDUM
Date: October 25, 1991
To: City Commission
David Harden, City Manager . -
Assistant City AttQrn~
FlOro: David N. 'l'olces,
Subject: Charter Revision - Increase Terms from Two to Three
Year
'This cha,r.-ter revision \'lOuld increase the terms of all
Commissioners F t_\¡W to t.hree years. The term increases
,_rom
would begin with the 1993 and 1994 elections. If this
ordinance lS approved by the voters, there would not be an
election every year.
DNT : s h
Attacrunent
charter4.txt
..
·
to be held on March 10, 1992 for the purpose of approving or dis-
approving Section 1 of this Ordinance. If a majority of the electors
voting upon such question approve the amendment, then the amendment
shall be in full force and effect. If a majority of the electors
voting upon such question disapprove such amendment (s ), then the
amendment(s) shall be null and void. The question to be submitted to
the electors at such election shall be substantially as follows:
INCREASING THE LENGTH OF TERMS OF OFFICE
FOR COMMISSIONERS AND MAYOR FROM TWO TO THREE YEARS
SHOULD THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA, BE AMENDED TO INCREASE THE LENGTH OF THE TERM OF
OFFICE FOR CITY COMMISSIONERS AND THE CITY MAYOR FROM TWO
(2) YEARS TO THREE (3) YEARS COMMENCING WITH THE ELECTIONS
IN 1993 AND 19947
YES For Approval
NO Against Approval
Section 3. That upon approval of this Ordinance by the
electors as aforesaid, all ordinances or charter provisions or parts
of charter provisions in conflict with shall be and the same are
hereby repealed as of the effective date of this Ordinance.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word by
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.
PASSED AND ADOPTED in regular session on second and final
reading on this day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
2 ORD. NO.
'I ,~
ORDINANCE NO. 77-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER
REVISIONS TO THE CITY CHARTER OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE III,
"LEGISLATIVE", SECTION 3.01, "COMMISSION-CITY
MANAGER FORM OF GOVERNMENT; TERM OF OFFICE;
NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY
VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR" , TO
PROVIDE FOR A CHANGE IN THE LENGTH OF
COMMISSIONERS' TERMS FROM 2 TO 3 YEARS; PROVIDING
FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 10,
1992; PROVIDING A REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article III, "Legislative", Section
3.01, "Commission-City Manager Form of Government; Term of
Office; Number; Offices of Vice-Mayor and Deputy Vice-Mayor;
Succession to Office of Mayor", Subsection 3.01(a) of the City
Charter of the City of Delray Beach, Florida, Chapter 25788, Laws
of Florida, Special Acts of 1949, and amendments thereto, be
further amended to read as follows:
Section 3.01. COMMISSION-CITY MANAGER FORM OF
GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF
VICE-MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO OFFICE
OF MAYOR.
(a) There shall be a commission with all legislative
powers of the city vested therein. The commission
shall be composed of five (5) commissioners, all of
whom shall be qualified electors and have such other
qualifications as are prescribed by law, one of whom
shall be duly elected mayor, all of whom shall be
elected at large for a term of twø/~2Y three (3) years
in the manner provided in this charter. The mayor and
commissioners shall assume office on the last Thursday
. in March following their election or on the last Friday
in March should the last Thursday fall on a legal
holiday. In the event a vacancy shall occur in the
office of mayor, the vice-mayor shall automatically
become mayor. In the event a vacancy shall occur in
the office of vice-mayor, the deputy vice-mayor shall
automatically become vice-mayor, and a new deputy
vice-mayor shall be selected by the commission. 'N1ø
~2Y/tø~L~~Lørl~t~//~~~¡¡/~~//~¡~tt~d/Lrl//~t~rl//rl~~t~d
f~~t~¡/~rld/twø//~2Y/tø~L~~Lørl~t~/~~~¡¡//~~/~¡~tt~d//Lrl
ødd/rl~~t~d/ý~~t~¡ Two (2) commission seats with terms
expirinq in 1993, shall be filled by election in 1993
and every three (3) years thereafter, and two (2)
commission seats and the mayor's seat, with terms
expiring in 1994, shall be filled by election in 1994
and every three (3) years thereafter unless a vacancy
or vacancies exist, in which event successors for the
filling of any unexpired term or terms shall be elected
or appointed as herein provided, in order to carry out
the intent and meaning of this charter. Furthermore,
the commissioner shall be elected for a tWØ/ ay three
III year term, whether by regular election or election
to fill a vacancy in the office of the commissioner,
and without regard to whether such election is held in
an even or odd-numbered year.
.
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Section 2. That Section 1 of this ordinance shall not
be effective unless and until the same is approved by a majority
of the electors of the City of Delray Beach, Florida, voting at
the election to be held on March 10, 1992, for the purpose of
approving or disapproving Section 1 of this ordinance. If a
majority of the electors voting upon such question approve the
amendment, then the amendment shall be in full force and effect.
If a majority of the electors voting upon such question
disapprove such amendment(s), then the amendment(s) shall be null
and void. The question to be submitted to the electors at such
election shall be substantially as follows:
INCREASING THE LENGTH OF TERMS OF OFFICE FOR
COMMISSIONERS AND MAYOR FROM TWO TO THREE YEARS
SHOULD THE CITY CHARTER OF THE CITY OF DEL RAY BEACH,
FLORIDA, BE AMENDED TO INCREASE THE LENGTH OF THE TERM
OF OFFICE FOR CITY COMMISSIONERS AND THE CITY MAYOR
FROM TWO (2) YEARS TO THREE (3) YEARS COMMENCING WITH
THE ELECTIONS IN 1993 AND 1994?
YES (For Approval)
NO (Against Approval)
Section 3. That upon approval of this ordinance by the
electors as aforesaid, all ordinances or charter provisions or
parts of charter provisions in conflict with shall be and the
same are hereby repealed as of the effective date of this
ordinance.
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.
PASSED AND ADOPTED in regular session on second and
final reading on this the 19th day of November, 1991.
q¡¿,~
#' MAY~
ATTEST:
{] f/Nmi'f)]/"J{AP~ )/04hý
City Cl k
First Reading October 29, 1991
Second Reading November 19, 1991
. - 2 - ORD. NO. 77-91
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERcC~h
SUBJECT: AGENDA ITEM #: I D C, - MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 79-91
DATE: November 15, 1991
This is a second reading of an ordinance amending the Charter by
amending Section 5.02, "Types of Elections", and Section 5.04,
"Elections Generally" , to provide for the abolishment of the Second
Non-Partisan (run-off) Election, except in the event of a tie. The
candidate receiving the highest number of votes would be elected to
the office for which he or she is running. This eliminates the
requirement that to be elected, a candidate needs more than 50% of
the votes cast. This ordinance also provides for a referendum
election to be held on March 10, 1992. The ordinance shall not be
effective unless it is approved by a majority of the electors of the
City voting at the election.
Recommend approval of Ordinance No. 79-91 on second and final
reading.
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~'T¥ OFDELRAY BEA[H
; '"'I' NfV'S OFFICE " i '.: : :>\ ,; . ~ ~
MEMORANDUM
DATE: October 25, 1991
TO: City Commission
David Harden, City Manager
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Charter Revision - Elimination of Second Non-Partisan
Election
This Charter Revision would allow for the candidate receiving
the highest number of votes to be elected to the office for
which he or she is running. In the event of a tie, a second
election would be held. This eliminates the requirement that
to be elected, a candidate needs more than 50% of the votes
cast.
DNT:ci
Attachment
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ORDINANCE NO. 79 - q I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER
REVISIONS TO THE CITY CHARTER OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 5.02,
"TYPES OF ELECTIONS", AND SECTION 5.04,
"ELECTIONS GENERALLY" , TO PROVIDE FOR THE
ABOLISHMENT OF SECOND NON-PARTISAN ("RUN-OFF")
ELECTIONS EXCEPT IN THE EVENT OF A TIE; PROVIDING
FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 10,
1992; PROVIDING A REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section L That Article V, "Elections", Section 5.02,
"Types of Elections", Subsection 5.02(a) and Section 5.04, "Elections
Generally", of the City Charter of the City of Delray Beach, Florida,
Chapter 25788, Laws of Florida, Special Acts of 1949, and amendments
thereto, be further amended to read as follows:
Section 5.02. TYPES OF ELECTIONS.
(a) Types of elections. Elections to be held in the city
~haii-ee-ei~her-~ir~~-aeapar~i~aftï-Seeeftd-fteftpar~isaft-er-~peeiai
aad-~hey shall all be conducted on a nonpartisan basis without
regard for or designation of political party affiliation.
(1) I?ir~~ ~onpartisan elections shall be held on the
second Tuesday in March of each year for the purpose of electing
officers of the city and such other purposes as the commission
may prescribe.
(2 ) In case of a tie in the nonpartisan election, a second
nonpartisan election shall be held.,-i~-aeee~sarYï-ea-~he-£e~r~h
'i'"c:tesday - ift - Mareh - e~ - eaeh - year - ~er - ~he - p~rpese - e~ - eiee~ia~
e£~ieers-e£-~he-ei~y-aftd-s~eh-e~her-p~rpeses-as-~he-eeMmissiea
~ay-preseriee":'
( 3 ) All other municipal elections that may be held by
authority of this charter, or of any law, shall be known as
special elections.
Section 5.04. ELECTIONS GENERALLY.
(a) Number of votes per elector. Each elector shall be
entitled to vote for each of the vacant seat numbers for the
office of conunissioner and shall also be entitled to one vote
for a candidate for the office of mayor when there is a vacancy
in that office; provided, however, no elector shall be entitled
to cast more than one vote for any candidate.
(b) Ma;eri~y Highest number of votes to elect in first
nonpartisan election.
( 1) In ~he ª ~irs~ nonpartisan election, a candidate for
each of the seats on the ballot for the offices of commissioners
or for the office of mayor who receives the highest number of
votes even if it is nota majority of the votes cast by frem-/!!_
ma;eri~y-e~ all electors casting ballots for that office shal'
be declared to be elected to the office for which he or she is ~
----_...~---~._-
· '.
Section 2. That Section 5 of this Ordinance shall not be
effective unless and until the same is approved by a majority of the
electors of the City of Delray Beach, Florida, voting at the election
to be held on March 10, 1992 for the purpose of approving or dis-
approving Section 5 of this Ordinance. If a majority of the electors
voting upon such question approve the amendment, then the amendment
shall be in full force and effect. If a majority of the electors
voting upon such question disapprove such amendments, then the
amendment shall be null and void. The question to be submi toted to
the electors at such election shall be substantially as follows:
THE CANDIDATE RECEIVING THE HIGHEST NUMBER OF VOTES
IS ELECTED, WITHOUT REGARD TO MAJORITY.
SHOULD THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA, BE AMENDED TO PROVIDE THAT A CANDIDATE FOR
THE OFFICES OF COMMISSIONER OR MAYOR WHO RECEIVES THE
HIGHEST NUMBER OF VOTES EVEN IF IT IS Nor A MAJORITY
OF VorES CAST FOR THAT OFFICE BE DECLARED TO BE
ELECTED TO THE OFFICE FOR WHICH HE OR SHE IS A
CANDIDATE, AND TO PROVIDE FOR A SECOND NON-PARTISAN
ELECTION IN THE EVENT OF A TIE?
YES For Approval
NO Against Approval
Section 3. That upon approval of this Ordinance by the
electors as aforesaid, all ordinances or charter provisions or parts
of charter provisions in conf Hct with shall be and the same are
hereby repealed as of the effective date of this Ordinance.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word by
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.
PASSED AND ADOPTED in regular session on second and final
reading on this day of , 1991-
MAY 0 R
ATI'EST:
City Clerk
First Reading
Second Reading
3 ORD. NO.
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candidate7--provided, however, notwi1:hstanding the foregoing
provision, should two or more candidates tie fOlo the hiqhest
number of votes from all r\e - ear\didate - l'eeeive - vetes - £ rem - a
majerity - e£ - aH electors casting ballots for that seat for
commission or for the office of mayor, then the twe candidates
receiving the highest number of votes shall be declared
candidates for the second nonpartisan election.
(2 ) In the event that not more than one person qualifies
as a candidate for each of the seats for the offices of commis-
sioners or for the office of mayor in the first nonpartisan
election, then an election shall not be held. Each candidate
shall be deemed to have voted for himself/herself; provided,
further, that in the event that no person qualifies as a candi-
date for any particular seat for the office of commissioner or
for the office of mayor, then those seat(s) for the office of
commissioner or for the office of mayor shall be declared vacant
and it shall be the duty of the members- of the commission who
are seated following the organizational meeting provided for in
Section 3.01 of this charter, by majority vote to appoint a
qualified person to fill the vacancy. Such an appointed member
to fill a vacancy of a seat for the office of commissioner shall
serve until the last Thursday in March following the next
regular city election or until the last Friday in March should
the last Thursday fall on a legal holiday, and the remainder of
the unexpired term shall be filled by election at the next
regular city election in the manner provided for in this article
of this charter. For a vacancy occurring in the office of
mayor, the appointed member shall serve until the last Thursday
in March following the next regular city election, or until the
last Friday in March should the last Thursday fall on a legal
holiday, and a new election shall be held at the next regular
city election for a full two-year term as provided for in this
charter.
(c) Candidates for second nonpartisan election.
(1 ) In the second nonpartisan election, there shall be on
the ballot those candidates for seats for the off ice of
commissioner or for the office of mayor for those offices
wherein candidates tied for the highest number of votes è.!:è-r\oe
l'eee ive - vetes from a-Ifta;erity-e£ all electors casting ballots
for that seat or office in the first nonpartisan election. The
names of the candidates to be voted upon at the second non-
partisan election shall be the candidates which tie for the
highest number of votes two-hi~hes~-vete-~etters-e£-the in the
£irst nonpartisan election. !r\-~he-eveftt-e£-~we-t2t-ol'-Iftel'e
eaftdidates-reeeivi"~-a"-e~a%-r\~er-o£-ve~es-whieh-are-ei~her
~he - hi~hest - er - seeeftd - hi~hest - ve~es - ir\ - the - £irst - r\eft!:,ar~i!lar\
eieetieft7-theft-a%%-s~eh-tied-eaftdidates-sha%%-~a%i£y-£er-~he
seeeftd-fteft!:,ar~isaft-e%ee~ieft~
(2 ) In the event a candidate withdraws or dies before the
second nonpartisan election and leaves only one candidate for
each vacancy for a seat for the of f ice of commissioner or for
the office of mayor to be filled, then the second nonpartisan
election shall not be held. Each candidate shall be deemed to
have voted for himself/herself.
(d) Method of election in a second nonpartisan election.
In the second nonpartisan election, the remaining offices shall
be filled by the candidate(s) receiving the highest number of
votes for each sea1: for the office of commissioner or for the
office of mayor.
2 ORD. NO.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
~ì.'1 1
FROM: CITY MANAGER~ /'\.. '
SUBJECT: AGENDA ITEM #: 10 J:> - MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 80-91
DATE: November 15, 1991
This is a second reading of an ordinance amending the Charter by
enacting a new subsection 3.01 (c) to provide that the individual
commissioners and mayor shall be prohibited from holding office for
more than six (6) consecutive years; and that an individual who has
served six consecutive years of elected service shall not be
appointed or elected to any commission or mayoral seat for a period
of one year from the date on which his or her last term expired.
This ordinance also provides for a referendum election to be held on
March 10, 1992. If approved by a majority of the electors of the
City voting at that election, this proposed amendment would apply to
the Commissioners elected in 1994 and 1995, the mayor elected in
1996, and every election thereafter.
Recommend approval of Ordinance No. 80-91 on second and final
reading.
f Cuyd 1-/ 1-0 (
(f21. ~~)
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':ITY DF DELAAY BER[H
ïrpf ATTORNEY'S OFFICE ','., '" \ -~_:~~~
.', " ~ ) ;. . ¡ :. ;.;
Writer's Direct Line
(407) 243·-7090
MEMORANDUM
Date: October 25, 1991
'ro: City Commission
David Harden, City Manager
Assistant City Attor~
From: David N. 'l'olces,
Subject: Charter Revision
'I'his charter revision would place a SlX year limitation on the
number of years an individual could serve as a maYOl" or
commissioner. After six consecutive years of ~lected serVlce,
the individual will be required to wait one year to run for any
commission seat, including mayor.
DNT:sh
Attachment.
charter5.txt
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ORDINANCE NO. 30 -g I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER
REVISIONS TO THE CITY CHARTER OF THE CITY OF
DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUB-
SECTION SECTION 3.0l(c), TO PROVIDE FOR A LIMITA-
TION OF SIX (6 ) CONSECUTIVE YEARS OF ELECTED
SERVICE FOR COMMISSIONERS; PROVIDING FOR A
REFERENDUM ELECTION TO BE HELD ON MARCH 10, 1992;
PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article III, "Legislative", Section 3.01,
"Commission-City Manager Form of Government; Term of Office; Number;
Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to Office of
Mayor", of the City Charter of the City of Delray Beach, Florida,
Chapter 25788, Laws of Florida, Special Acts of 1949 and amendments
thereto be further amended by enacting a new subsection 3.0l(c) to
read as follows:
(c) The individual commissioners and mayor shall be
prohibited from holdinq office for more th~ six (6) consecutive
years. This limitation shall apply to ¡years served by the
commissioners elected in 1994 and 1995, the mayor elected ~
1996, and every election thereafter. The term "holdinq offic
shall be defined as servinq as commissioner or mayor. The t~
"consecutive years" shall not include any years served as a
result of an appointment. An individual who has served six
consecutive years of elected service shall not be appointed or
elected to any commission or mayoral seat for a period of one
year from the date on which his or her last term expired.
Section 2. That Section 3 of this Ordinance shall not be
effective unless and until the same is approved by a majority of the
electors of the City of Delray Beach, Florida, voting at the election
to be held on March 10, 1992 for the purpose of approving or dis-
approving Section 3 of this Ordinance, If a majority of the electors
voting upon such question approve the amendment, then the amendment
shall be in full force and effect. If a majority of the electors
voting upon such question disapprove such amendment, then the amend-
ment shall be null and void. The question to be submitted to the
electors at such election shall be substantially as follows:
LIMITING MAYOR AND COMMISSIONERS
TO SIX CONSECUTIVE YEARS OF ELECTED SERVICE
SHOULD THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA, BE AMENDED TO LIMIT THE TERMS OF COMMIS-
SIONERS AND MAYOR TO SIX (6 ) CONSECUTIVE ELECTED
YEARS IN OFFICE, AND TO PROVIDE FOR A ONE-YEAR PERIOD
DURING WHICH AN INDIVIDUAL WHO SERVED SIX ( 6) CON-
SECUTIVE ELECTED YEARS MAY NOT BE REAPPOINTED OR RUN
FOR ELECTION?
YES For Approval
1
. .
NO Against Approval
Section 3. That upon approval of this Ordinance by the
electors as aforesaid, all ordinances or charter provisions or parts
of charter provisions in conflict with shall be and the same are
hereby repealed as of the effective date of this Ordinance.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word by
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.
PASSED AND ADOPTED in regular session on second and final
reading on this day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
;
.
2 ORD. NO.
I
'.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER\'~rc 1
l
SUBJECT: AGENDA ITEM #: 10 E - MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 82-91
DATE: NOVEMBER 15, 1991
This is second reading of an ordinance amending the Land
Development Regulations to move the line of demarcation, west of
which the use of municipal water for irrigation purposes is
prohibited.
The area in which municipal water can be used now includes the
area east of 6th Avenue. The proposed line is along I-95 from
the north city limits to S.W. 10th Street, then east to S.W. 4th
Avenue, then south along S.W. 4th Avenue (and extensions thereof)
to the south city limits, or a line in proximity thereto.
Additionally, this ordinance contains a provision for exceptions
due to special circumstances.
The Planning and Zoning Board at their October 21st meeting
recommended approval. However, they expressed some concern with
regard to an increase in the per capita demand prior to altering
our targets for per capita reductions (Comprehensive Plan
policy); and, the potential for increasing demand beyond our
supply and/or processing capabilities. A detailed staff report
is attached as backup material for this item.
Recommend approval of Ordinance No. 82-91 on second and final
reading.
f~S'O
,
ORDINANCE NO. 82-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 6, "INFRA-
STRUCTURE IN PUBLIC PROPERTY", ARTICLE 6.1, "DESIGN
STANDARDS AND REQUIREMENTS", SECTION 6.1. 10, "WATER
SYSTEM", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SUBSECTION 6.1.10(B)(5),
"PROHIBITION ON USE OF CITY WATER FOR IRRIGATION",
TO PROVIDE FOR A LINE OF DEMARCATION, WEST OF WHICH,
THE USE OF MUNICIPAL WATER' IS NOT ALLOWED FOR
IRRIGATION PURPOSES; 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, AS FOLLOWS:
Section 1. That Chapter 6, "Infrastructure in Public
Property" , Article 6.1, "Design Standards and Requirements", Section
6,1.10, "Water System", Subsection 6.1.10(B), "Design Standards",
Subsubsection 6.1.10(B)(5), "Prohibition on Use of City Water for
Irrigation", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(5 ) Prohibition on Use of City Water for Irriqation: The use
of City water for irrigation purposes shall not be allowed except
as provided for herein.
( a) Exception - East of 1-95:
Separate vegetation water meters for the purpose of
watering or irrigating of vegetation or other plant
life shall be permitted east-of-N.E.-6the-AYen~e-and
its-extension-o~tside-the-eity,-or-a-line-in-proxi-
mity-thereto-as-may-be-established-by-the-Bireetor
of - HtUiUes. in an area east of a line which
approximates 1-95 from the north city limits to S.W.
. 10th Street, then east to S.W. 4th Avenue, then
south alonq S.W. 4th Avenue (and extensions thereof)
to the south city limits ; or a line in proximity
thereto as established by the City Enqineer.
(b) Exception - Chloride Content: A separate vegetation
water meter shall be permitted west of N.E. - 6th
AYen~e, the line described in Section
6.1.l0(B)(5)(a) above as - deseribed - in - s~bseetion
fa) , where the Director of Utilities determines
that the chloride content of the on-premises or
available groundwater is such as to be deleterious
to vegetation or to other plant life.
( c) Exception - Sinqle Family Homes: Use of City water
for irrigation purposes may be allowed for a single
family home located on an individual lot or in a
subdivision where a restriction of such use has not
been imposed during development approval.
(d) Exception - Special Circumstance: The use of City
water for irriqations purposes may also be allowed
on a case by case basis (anywhere in the City) where
and when appropriate for qood and sufficient
purposes, and when there will be no adverse effects
upon the municipal water system. Such approval may
be qranted only by the City Enqineer with the
"I·~
concurrence of the Chief Building Official and the
Director of Planning and Zoninq. Good and suffi-
cient purposes may include, but are not limited to:
situations where the area to be irriqated is small
in size, the sidinq of a well is not appropriate, or
the demand on the water system is minimal.
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 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 upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the ____ day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
.
,-
2 ORD. NO. 82-91
-
C I T Y COM MIS S ION DOCUMENTAT I ON
TO: 1D T. HARDEN, CITY MANAGER
()µ~Ù ~\.Xè~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 29, 1991
L.D.R. TEXT AMENDMENTS (Landscaping & Water System)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval, on first reading, of two separate ordinances which
amend portions of the LDRs.
BACKGROUND:
One of the Ordinances amends that portion of the LDRs which
establishes Design Standards for Lawn Grass. This item has
applicability to single family homes. It is proposed in response
to actual application of new standards adopted with the LDRs.
The intent is to reduce direct dollar impact to the homeowner
(buyer) without significantly diminishing our water conservation
and xeriscape objectives.
The other Ordinance amends that portion of the LDRs which
establishes a line, west of which there is a prohibition on the
use of municipal water for irrigation purposes. Due to several
factors (salt water intrusion moving westerly & character of
development - relatively small lot - in the expansion area), it
is appropriate to move the line westerly. A related item is the
broadening of the exception provisions by accommodating an
exception by special circumstance. For good and sufficient cause
(some examples provided), the City Engineer, with concurrence of
the Chief Building Official and Director of Planning, may grant
exceptions to the prohibition requirement.
..
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at its
meeting of October 21st. On both ordinance items, the Board
recommended unanimous approval (7-0); and found the proposals to
be consistent with the Comprehensive Plan. However, they did
raise the following.
"
-
City Commission Documentation
L.D.R. Text Amendments
(Landscaping & Water System)
Page 2
Re: Lawn Grass - the increase in sod area may increase the use of
water for irrigation purposes; but that the increase is not so
significant to be contrary to our water conservation and
xeriscape objectives.
Re: Water System - Concerns involve creating an increase in per
capita demand prior to altering our targ~ts for per capita
reductions (Comprehensive Plan policy) ; and, potential for
increasing demand beyond our supply and/or processing
capabilities. With the former, it is anticipated that the
increase will not be significant given the character of the area
which will now be exempted. With the latter, again, it is not
anticipated that relocation of the line and the special
circumstance waiver will result in a significant increase in
demand but that before any further similar actions are taken, a
(water) demand analysis will need to be provided.
RECOMMENDED ACTION:
By motion, approval of each ordinance on first reading and
establishing public hearing dates for November 12, 1991.
Attachment:
* Memo from the City Horticulturist re Lawn Grass Standards
* Ordinances (by others)
DJK/#87/CCTEXT.TXT
..
,-,
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
ri:", 1
FROM: CITY MANAGER i- ,~ .'
SUBJECT: AGENDA ITEM # I ~ A - MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 67-91
DATE: November 15, 1991
This is a first reading of an ordinance amending the Code of
Ordinances to provide for a decreased penalty charge (from $10.00 to
$5.00) for late payment of fees for utility services.
In the event water use charges become delinquent and/or water
services are discontinued by the City, said service shall not be
restored until all delinquent charges, plus the penalty for late
payment, and shut off and reconnection charges are paid in full.
Recommend approval of Ordinance No. 67-91 on first reading.
p~ /S,~
J-/-O
PH!;;)()O ~ (5í) /~/3 /9 ¡
4,'
<
ORDINANCE NO. 67-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 59-90, BY
AMENDING SECTION 52.39, "OTHER FEES", AND SECTION
52.52, "RESUMING SERVICE AFTER DISCONTINUANCE FOR
DELINQUENCY", TO BE CODIFIED IN THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO
PROVIDE THAT A PENALTY SHALL BE ASSESSED IF PAYMENT
:! IS DELINQUENT AND/OR WHEN SERVICES ARE DISCONTINUED
BY THE CITY AS A RESULT OF SUCH DELINQUENCY;
PROVIDING FOR A DECREASED PENALTY AMOUNT; PROVIC¡NG
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, TO READ AS FOLLOWS:
Section 1- That Section 9 of Ordinance No. 59-90, Section
52.39, "Other Fees" , to be codified in the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended by
adding a new subsection (D) to read as follows:
(D) Late Payment.
In the event water use charqes become delinquent and/or
water services are discontinued by the City, said
services shall not be restored until all delinquent
charqes plus a five dollar ($5.00) penalty for late
payment and shut off and reconnect ion charqes are paid in
full.
Section 2. That Section 10 of Ordinance 59-90, Section 52.52,
"Resuming Service After Discontinuance for Delinquency", to be codi f ied
in the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended by amending subsection (A) to read as follows:
(A) In the event the water use charges against it become
delinquent and lor said services are discontinued by the
City as herein provided, said services shall not be
restored until all delinquent charges plus a-ten-doiiar
tSi9.99t five dollar ($5.00) penalty for late payment and
shutof and reconnect ion charges are paid in full. An
additional guarantee-of-payment deposit shall be required
so that the actual deposit held by the City shall be
equal to twice the amount of the current guarantee-of-
payment schedule as set forth in Section 52.33. However,
the City shall not refuse to accept an application for
water service or to open a separate water service account
because of an outstanding delinquent bill on the subject
property which was not incurred by the applicant.
Section 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
ordina'nce 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, after its passage on second
and final reading, 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
I
2 I
ORD. NO. 67-91
.
I
·
M E M 0 RAN DUM
TO:
FROM: Joseph tor of Finance
DATE 9-6-91
SUBJECT: REVISION OF ORDINANCE #59-90
Utility Bill-Late Payment Penalty Revision
Attached is a draft revising the language of Ordinance
59-90 to clarify the time when a late payment penalty is
imposed on delinquent utility bills and to reduce the
amount to $5.00 from $10.00.
I recommend that the amount be changed due to the
volume of customer complaints and the fact that a $5.00
penalty is comparable to other municipalities and other
utility companies.
I ,~
. .
,------.-"
~.,¡.""
[IT, DF DELAR' BER[H '~.i;:'
. ~ . -,-,"
100 N.W. 1st A VENUE DE LRA Y BEACH, F LOR I DA 33444 407/243·7000
,
MEMORANDUM
TO: David Harden, City Manager
FROM: Jan Williams, Utility Billing
THRU: Joseph Safford, Director of Finan
DATE: Septem~er 12, 1991
SUBJECT: AGENDA ITEM # 12H - MEETING OF SEPTEMBER 10, 1991
ORDINANCE NO. 67-91 AMENDING THE LATE PAYMENT PENALTY
LANGUAGE AND AMOUNT
-------------------
During the implementation of the rate structure reccommended by
Ernst & Young, other fees and rates were also reviewed for
possible revision. At that time, it was decided that a late
payment penalty be imposed on delinquent utility accounts. The
fee was set at $10.00.
The entire water and sewer chapter of the code of ordinances was
revised, however, the language in the body of the ordinance
relating to the late payment penalty (Section 10), did not make
it clear when a late payment penalty was to be imposed. The
original intent was clearly to assess a late payment penalty on
all delinquent accounts, and not just those where service was
discontinued. In fact, we have been assessing our utility
accöunts for this late payment penalty.
In July, staff recommended that the late payment penalty be
reduced from $10.00 to $5.00 due to the increased influx of
telephone calls and complaints regarding the high fee. The City
of Boca Raton imposes a $10.00 late fee, but they bill bimonthly
so the monthly rate would be $5.00.
Attached is previous correspondence regarding this item, along
with the old ordinance and the amended item.
Please let me know if you would like further information on this
matter.
THE EFFORT ALWAYS MATTERS
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
I'
FROM: CITY MANAGER ^-
SUBJECT: AGENDA ITEM #: I~ß - MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 81-91
DATE: November 15, 1991
This is a first reading of an ordinance amending the Land Development
Regulations to provide that no more than 80% of the required open
space be planted in lawn grass for single family and duplex
residences. The intent of this ordinance is to the reduce direct
dollar impact to the homeowner without significantly dimi~ishing our
water conservation and xeriscape objectives.
The Planning and Zoning Board at their meeting of October 21st
recommended approval. The also commented that whi Ie the increase
in sod area may increase the use of water for irrigation purposes;
the increase was not so significant as to be contrary to our water
conservation and xeriscape objectives.
Recommend approval of Ordinance 81-91 on first reading.
p~ ,SI I~ 6-0
PH I ;)IìO {~ ún 1;;;Lj3/91
<I..
~ .
.
. Agenda I tem No. :
AGENDA REQUEST
Da te: 11/14/91
Request to be placed on:'
X
Regular Agenda Special Agenda Workshop Agenda
When: 11/19/91
Description of agenda item (who. what, where, how much):
Proposed Amendment to the Landscape Code
ORDINANCEI RESOLUTION REQUIRED: ~NO Draft Attached: YES~
Recommenda t ion: Approval
~ ~
" "~~ -.- -
Department Head Signature: ~~- ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: §/ NO !~'7/L/1
Hold Until: ¿
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,
.
. .
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: PROPOSED LANDSCAPE CODE TEXT AMENDMENT
--
DATE: NOVEMBER 13, 1991
ITEM BEFORE THE COMMISSION:
- -
Request City Commission approval to amend the Landscape Ordinance to reduce
the amount of ground cover required for single family and duplex lots and to
redefine the basis for calculating ground cover requirements on commercial
properties.
BACKGROUND:
In October 1990, the landscape code was extensively changed, as well as
included in and adopted with the Land Development Regulations. One of the
more impacting changes was the adoption of Xeriscape principles as standards
for landscape design.
The most significant element of Xeriscaping is the reduction of turf or sod
areas and their replacement with shrubs and ground covers. The ordinance
that was adopted limited turf to 70% of the required open space.
Since the adoption of the ordinance, I have heard a lot of complaints
relative to the development of single family homes and duplex residences, as
this seems to have had quite an impact on their landscape budget.
I am proposing that the landscape ordinance be amended to be somewhat more
sensitive to the current economic status in the building industry. I would
like to suggest that the text be amended to state that new single family
homes and duplex residences be limited to sodding 80% of their pervious lot
area. The pervious lot area is the area not covered by buildings, driveways,
pools and walkways.
I am also proposing that commercial, industrial and multi-family residences
still be limited to 70% sod, but this figure would be based on required
interior greens pace and required perimeter landscape buffers. The current
ordinance requires that the sod be limited to 70% of the required 'open
space' . In most zoning categories, there is a 25% open space requirement.
I feel that developments, which have considerable land area, not being used
for buildings and parking, but which is simply being utilized as open space,
should not be penalized for having additional open space.
I have attached a copy of the proposed changes to the landscape ordinance.
RECOMMENDATION:
We recommend that the City Commission approve the proposed landscape
amendments to the Land Development Regulations as submitted.
- .
Proposed Landscape Amendments
November 14, 1991
Page 2
LANDSCAPE REGULATIONS Section 4.6.16
(E) Landscape Design Standards
Lawn Grass: (Turf or Sod) A major portion of water demand used for
landscape purposes is required for the irrigation of lawn areas. Portions
of landscaped areas that have customarily been designed as lawns shall be:
(c) Planted in traditional mixes of trees, shrubs, and ground
covers. Properly managed non-grass landscape developments of
site specific plantings will typically be able to survive on
reduced water requirement and survive drought conditions
better than lawn areas,Ne me~e ~ft8ft ~e~ ef ~fte ~e~~~~ed e~eft
5~8ee 5ft8~~ èe ~~8ft~ed ~ft ~8Wft ~~855õ
For commercial. industrial and multi-family developments, no
more than 70% of the combination of the required interior
greenspace and the required perimeter landscape buffers,
shall be planted in lawn grass. The balance shall be planted
in ~ mix of shrubs and ground covers.
For the development of single family and duplex residences,
no ~ than 80% of the pervious lot area shall be planted in
lawn grass. !:. minimum of 20% of the pervious lot ~ shall
be planted in shrubs and ground covers.
When used, lawn grass shall be clean and reasonably free of
weeds and noxious pests or diseases. When grass areas are to
be seeded, sprigged or plugged, specifications must be
submitted to and approved by the City Horticulturist. One
hundred percent (100%) coverage must be acheived within
ninety (90) days. Nurse grass must be sown for immediate
effect and protection against soil erosion until coverage is
otherwise achieved.
Solid sod must be used in swales, canal banks, rights-of-way
and other areas subject to erosion.
CITY RTTORNEY'S OFFICE TEL No, 407 278 4755 Nov 15,91 1~:46 p,~_
. . r
~ 1'-
'I
. ORDINANCE NO. 81-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS" , ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.5.16, "LANDSCAPE
REGULATIONS", SUBSECTION 4,6.15(£), "LANDSCAPE
DESIGN STANDARDS", or THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELAAY BEACH, FLORIDA, BY
AMENDING PARAGRAPH 4.6.1I5(I)(8)(c), "LAWN GRASS", TO
PROVIDE FOR NO MORE THAN IIGHTY PERCENT (80\) OF THI
REQUIRED OPEN SPACE 8E PLANTED IN LAWN GRASS,
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 a!:ACH, AS FOLLOWS'
Section 1. That Chapter 4, "zoning Regulations", Article 4.6,
"Supplemental District Regulations", Sec:t10n 4.6.16, "Landscape
Re9ulations" , subsection 4. Ii, 16 (E) , "Land. cape Design Standards II ,
Sub-Sub.ection 4,6.16(E)(8), "Lawn Grass", ot the Land Development
Re9ulationa of the Code of Ordinances of the city of Delray Beach,
Florida, be, and the same i. hereby amended to read as fOllow.:
(E) Landscape D.si9n standards
I '
(8) Lawn Grus, (Turf or Sod) A mA60f. portion ot water
demand u.ed for land. cape purpo... i. required tor the irrigation
ot lawn ar.a.. Portion. ot landsc:ap.d area. that have been
customarily designed a8 lawn. shall be'
(a) pre.erved a. natural plant communi tie.,
(b) Planted a. redeveloped native a.aa.; o.
(c) Planted In traditional mIxe. of treell, IIh.,,¡bll, and
ground c:over.. Properly managed non-grass land8cape
developmenu ot .lte speciUc: planting. will
typically be able to survive on reduced water
requirement and .urvive drought c:ondltlona better
than lawn area.. No-more-than-~et-of-th.-r.q~tr.d
op.ft-.paee-.ha~~-e.-p~anted-tn-tawft-gras8T
!
lex
i lot
I
!
\
: w~en u.ed, lawn gra.. shall be c:¡ean and reasonably
I tree of weed. and noxIous peata lor diseases, When
. I gr~s. area. are to be seeded, sprigged or plugged,
. .
1
I
J I u_
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 15,91 12:47 F ,I.))
V " - '*
.
=:=-= íJ .... -
, I ...-..
s~ecitlcation. mus~ be submltted to and approved by
t e Clty Horticultu~ilt. One hundred percent (100')
coverage must be achieved within ninety (90) days.
Nurle gr.sl mUlt be sown for 111U11ed1ate effect and
protection aiainlt 1011 erolion until coverage is
otherwile ach1eved.
SoUd sod mUlt be u.ed in swal.., canal banks,
rightl-of-way and other areas subject to erosion.
SecUon 2. That Ihould any .ection or prov1110n of this
ordinance or any port1on theJ:'eof, any paragraph, sentence, or word be
declared by a court of cOlllpetent jurildiction to be invalld, luch
decision Ihall not affect the vaUdi ty or the rema1nder hereot AS al
whole or part thereof other than the part declared to be invalld, I
I
Section 3. That all ordinancel or parts ot ordinances in :
confl1ct herewith be and the sallie are hereby rep.al.~,
I
Section 4. That thil ordinance shall become effective upon
passage on second and, ,Unal reacling. I
PASSED I
AND ADOPTED ln regular ses.lon on second and Unal :
read1n; on thil the ____ day of , 1991.
I
MAYOR I
ATTEST: /
C1ty Clerk
F1rst Reacu'nq
second Readinq
! ¡
-,
.
2 ORe. NO. 81-g1
..~. .. i
.._::_~.~.~~~~~~~~" . .........,\\ , '.~.~C~'~',
;,&'< , ~~ . '" ,)-:" ,~.
----
.' .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
. i I ·1
FROM: CITY MANAGER 0' ì
SUBJECT: AGENDA ITEM # /;.. C. - MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 83-91
DATE: November 15, 1991
This is a first reading of an ordinance amending the Code of
Ordinances by enacting a new section 98.30 "Waste Tire Dumping" , to
provide for licensing, rules and regulations regarding waste tire
collectors.
Florida Statutes require individuals and businesses who transport or
remove used tires to register with the State Department of
Environmental Regulation. This ordinance reinforces that requirement
by requiring businesses in the City that deal in used tires to
register and do business only with registered waste tire collectors.
Fines up to $500 and 60 days in j ai 1, for illegal dumping, are
already in the City Code. This ordinance is identical to the one the
County is presently proposing. A detailed staff report is attached
as backup material for this item.
Recommend approval of Ordinance No. 83-91 on first reading.
pG-lYWfL I SÎ /2W.JfL 5~o
PH)dnD ~ ðYì I ;]./13 (9 I
· '.
C1TY AiTORNEY'$ OFFICE TEL No. 407 278 4755 Nov 14,91 15:00 P.02
, ¡'" .... .j,;:,¡i ,"/
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'f ~ "'....11&"" "I!'-'..f t.1 ~ , '. ~
,í') ~JU".~,>..., '., >: ~,', .
.j' \.. 'r .
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£IT' DF DELRA' BEAEH ."'<"
""''<,11' ~ ""j\"
CITY AßORNEY'S OFFICE 20U NW IsI ^Vt;NU~ . l)~LK^Y 1II::A(;H, t-LUKIU^ 33444
FACSIMILE 4011218·4155 Writer's Direct Line
(407) 243-7090
1:- .. .
Date: November 1', 1991
1~: City Commission
David Harden, City Manager
From: David N. Tolces, ASsistant City AttQrne~
Subject: Tire Dum~in~ Ordinance
Florida Statutes require individuals and businesses who
transport or l-emove used tirea to re<1ister with the State
Department of Environmental Regulation. This ordinance
reinforces that requirement by requiring businesses in Delray
Beach that deal in used tires to register and do business only
with registered waste tire collectors. Ultimately, this
ordinance would give the City's Police Department the authority
to stop a truck it believes is carrying a large amount of
tires. Fines up to $500 and 60 days in jail are already in the
City's cooe of ordinances, and could be levied against the
violator.
It is noped that the provisions of this ordinance could be used
to stop 1l1eqal tire c1wnpers before they dwnp tires illeqally.
'1'his will have a beneficial effect on the appearanoe of the
communi ty , and 11m1 t mosqu1 to breeding areas in the swnmer
months.
This ordinance is identical to one the county is presently
proposin~. coordinated enforcement of the ordinance's
provisions could result from the passage of the ordinances.
DNT:sh
Attachment
cc: ~~ief OVerman, Delray Beach Police Departmen~
tire-l.txt
CITY ATrORNEY'S OFFICE TEL No, 407 278 4755 Nov 14.91 16:08 P,02
ORDINANCE NO. <S~-9
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TITLE 9, "GENERAL REGULA-
TIONS", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 98,
"LITTER", BY ENACTING A NEW SECTION 98.30, "WASTE
TIRE DUMPING", TO PROVIDE FOR LICENSING, RULES AND
REGULATIONS REGARDING WASTE TIRE COLLECTORS;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHER~AS, Rule 17-711.300, Florida Administrative Code, requires the
registration/permitting of waste tire collectors by the Department of
Environmental Regulation; and
WHEREAS, section 403.161, Florida Statutes, provides certain
penalties tor those persons who do not obtain the required permits; and
WHEREAS, the intent of this ordinance is to enable more efficient
local regulation and enforcement of waste tire dumping in Palm Beach
County; and
WHEREAS, the City commission of the City of Delray Beach, Florida,
declares that the requirement. proposed herein are necessary to protect
the health, safety and general welfare of the residents of the City of
Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CIT',
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That Title 9, "General Regulations", Chapter 9 8,
"Litter", ot the Code of Ordinanc.s of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Section 98.02 DEFINITIONS
"Departm.ent" means the State ot Florida Department of Environ-
mental Reoulation.
"Generator" means a ~erson not defined as a collector which
generates waste tires in t e ordinary course of business.
"Waste Tire" means a whole tire that is no longer suitable for
ita originally intended purpO.e because of wear, damaQ. or defect.
"Waste Tire Collector" means a person who removes and/or
transports more than 25 waste tires or processed tires from one
place to another over public highways.
Section 2. That Title 9, "General Regulations", Chapter 98,
"Litter", of the Code of ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended by enacting a new subsection
98.30, "Waste Tire Dumping", which reads a. follows:
Section 98,30 WASTE TIRE DUMPING
(A) Every waste tire collector operating 1n the City of
Delray Beach, Florida, shall reoister with the Department and
obtain a ermi t therefrom ursuant to Rule 17 -711. 300 2 and 3 -,
F.C.A. pr or to removing an or transPOrt ng waste tires.
.
CITY ATTORNEY'S OFFICE TEL No, 407 278 4755 Nov 14,91 16:09 P,03
,
Beach Code of Ordinances. Failure to deal with a licensed waste
tire collector shall be deemed a violation of this ordinance.
(C) Violation.
It shall be a violation of this ordinance for any person to:
1. Transport waste tire. without havinQ first obtained
a license a. required by this ordinance in the State of
Florida.
2. Give or display fal.e identification or siQn a false
name when required to furnish identification.
3. Contract or arranQe with another person to transport
waste tires for .toraqe or disposal, who does not meet the
requirements under Section 90.30(A) of the Code of Ordinances
of the City of Delrav Beach, Florida,
Section 2. That should any section or provision of thiB
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent juri.diction to be invalid, such
decision shall not affect the validi ty or the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinance. or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4, That this ordinance shall become effective upon
passage on second and final reading.
PASSED AND ADOPTED In regular sesslon on second and final
readlng on this the _____ day of , 1991.
MAYOR
ATTEST:
Cl ty Clerk
First Reading
Second Reading
.
2 ORD. NO.
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. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
t,
FROM: CITY MANAGER, ,I"
SUBJECT: AGENDA ITEM #:/~ 1).~ MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 84-91
DATE: November 15, 1991
This is a first reading of an ordinance correcting the zoning
classification for the Deer Park Water Plant located on the west side
of South Swinton Avenue between S.E. 7th and 8th Streets from R-1A
(Single Family Residential) to CF (Community Facilities) zone
district and correcting the Official Zoning Map.
The property owner has requested consideration of special relief
pursuant to Section 2.4.7 (F}(2) of the Land Development
Regulations. With the adoption of the LDRs in October 1990, this
property along with other non-residential uses were not included as
allowable uses in the R-1A zoning district. The applicant's
representative has argued that the use was legitimized on the site by
approval of a conditional use request in 1984¡ and, therefore should
not be classified as a non-conforming use under the current R-1A
zoning district.
The Special Advisory Board at their November 5, 1991 meeting
determined that there was a lack of information presented during the
formulation of the LDRs which may have affected the rezoning action.
Accordingly, they made a determination that an inadvertent action may
have occurred. The Planning and Zoning Board is not required to act
of actions of this nature.
Recommend approval of Ordinance No, 84-91 on first reading.
PCUYlUiL I Sf rúuufL 5-0
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: ~ nORLING, P~ANNER II
THRU: DA~. ~~ DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
RE: MEETING OF NOVEMBER 19, 1991
CORRECTING ORDINANCE, ZONING MAP - CRYSTAL WATER AKA
DEEP ROCK NATURAL RESOURCE UTILITY
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.
BACKGROUND:
This possible error in the official Zoning Map has come to the
attention of City officials through correspondence from Doak
Campbell, attorney for the property owner, Gerald J Paller. A
request was made for consideration of special relief pursuant to
Section 2.4.7(F}(2}.
The Special Advisory Board met on November 5, 1991. They felt
there was a lack of information which may have affected the
rezoning action. Accordingly, they made a determination that an
inadvertent action may have òccurred.
ANALYSIS:
In the early 1970's Klear Water Inc. was established in the R-IA
district at the northwest corner of Swinton Avenue and S.W. 8th
Street. On December 10, 1973 Natural Resource Utilities was
added to all zoning districts as a Conditional Use (Ordinance No.
3973) . The Klear Water Inc. company did not pursue a conditional
use request at that time.
To legitimize the existing water extraction use the property
owner, Gerald Paller sought a conditional use approval in 1984.
The City Commission approved the Conditional Use request for
Crystal Water Company on April 24, 1984. With the adoption of
the LDR's in October, 1990 Natural Resource Utilities along with
other nonresidential uses were not included as allowable uses in
the R-IA zoning district.
'I·~
.
.
CITY COMMISSION DOCUMENTATION
CORRECTION ORDINANCE, ZONING MAP - CRYSTAL WATER AKA DEEP ROCK
NATURAL RESOURCE UTITLITY
PAGE 2
The applicant's attorney has argued that the use was legitimized
on the site by the approval of a Conditional Use request and
therefore should not be classified as a nonconforming use under
the current R-IA zoning district.
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.
STAFF ASSESSMENT:
In light of the Conditional use approval received for the use in
1984 staff feels it would be inappropriate to make this site a
nonconforming use. Further, if the above information had been
available during the adoption of the LDR's the site would have
been considered for a CF zoning designation.
ALTERNATIVE ACTIONS:
1. Reject the request (this would allow the owner to petition
for rezoning through the formal process)
2. Reject the request and direct that the item be processed
through the formal rezoning process but waive the rezoning
processing fee.
3. Approve the request.
RECOMMENDED ACTION:
Recommend approval of the ordinance correcting the official
Zoning Map from R-1A to CF (Community Facilities) for a portion
of lot 11 (the east 390.05 feet of the north 244 feet of the (E
3/4) less the east 33 feet of right of way} lying in Section 20
Township 46 South, Range 43 East on the basis that the change in
zoning which made the current use of the property nonconforming
was inadvertent and not appropriate.
Attachment: -
* October 21, 1991 Letter from Doak S. Campbell
Location map
PD/#44/CCCRYS.TXT
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DOAK S. CAMPBELL, III
ATTORNEY AT LAW
70 S. E. F"OURTH AVENUE
DELRAY BEACH. F"LORIDA 33483
TELEPHONE TELECOPIER
(407) 278-1890 (407) 276-5803
October 21, 1991
Mr. David J. Kovacs
Director of Planning and Zoning
City of Delray Beach
100 North west First A ven ue
Delray Beach, FL 33444
Re: Crystal Water Company Plant, Swinton Avenue, Delray Beach, Florida
Dear Da vid:
I represent Gerald J, Paller, the owner of the property known as the Deer Park Water
Plant. In 1984, Mr. Paller made an application to the City of Delray Beach for a conditional
use approval for his water bottling plant. On April 24, 1984, the Delray Beach City Council
approved the petition and granted conditional use approval in the R-1A zoning category which
effectively allowed an existing use to continue by changing the zoning code for this unique
situation. It was the intent of the City Council at the time, by such zoning code change and
conditional use approval, that the use of the site as a water bottling plant would be a permitted
and not a non-conforming use.
By discussions with you and staff, I understand that in October of 1990, pursuant to
City-wide zoning ordinance changes, the conditional use approval for his site was removed and
the water bottling plant use is again a non-conforming one, Since the City's intent at the time
of the earlier rezoning was clearly addressing a unique situation, we do not believe that the
1990 zoning changes intended to specifically alter the use on the property. Therefore, on
behalf of Mr Paller. we request, pursuant to City Code Section 2.4.7, special relief from the City
Commission, The basis for the relief is an inadvertent change in the owner's permitted uses
on the site during the City-wide overall zoning changes \...·hich were done without specific
notice to individual owners. Specifically, the owner requests that the use of the site as a water
bottling plant with ancillary uses be reinstated as a permitted use,
After you have had a chance to review this request, would you please let me know if
any further documentation or information is necessary in order to process the request.
Thank you for your every courtesy and consideration.
Very truly yours,
.~.
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ORDINANCE NO. 84-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR LAND LYING AND BEING IN SECTION 20,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, FROM R-1A (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID
LAND IS LOCATED ON THE WEST SIDE OF SOUTH SWINTON
AVENUE, BETWEEN S.W. 7TH STREET AND S.W. 8TH STREET;
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 R-1A
(Single Family Dwelling) District on the Zoning District map of the City
of Delray Beach, Florida, dated October 1, 1991; 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 CF (Community Facilities) District;
and,
WHEREAS, this matter was considered by the City Commisssion at
a pUblic hearing and it was determined that the CF (Community
Facilities) 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 CF (Community
Facilities) District for the following described property:
The East 390.05 feet of the North 244.0 feet of the
East three-quarters (E 3/4) thereof for the
right-of-way of Swinton Avenue, said Lot 11 lying in
Section 20, Township 46 South, Range 43 East, Delray
Beach, Florida, as recorded in Plat Book 1 on Page 4,
Sheet 1, 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 provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such --
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
.
_."_..~-----_._--
.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
,7, ._; ;~
FROM: CITY MANAGER t .n.
SUBJECT: AGENDA ITEM # I~ E - MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 85-91
DATE: November 15, 1991
This is a first reading of an ordinance correcting the zoning
designation for a body of water and lift station locate on the west
side of Swinton Avenue approximately 600 feet north of 22nd Street
from R-IA (Single Family Residential) to CF (Community Facilities)
zone district and correcting the Official Zoning Map.
This property is an excess parcel which resulted from the creation of
the Lake Eden subdivision. A canal intrudes into the site and a
municipal lift station is located at the east end of the site. The
property is shown as an extension of Lake Eden on the Future Land Use
Map.
The inappropriate zoning was discovered during review of a land
development request on an adjacent property to the south. The
property owner has been informed of this situation. While there does
not appear to be any interest in making use of the property, we do
not have a letter of consent from the property owner; thus, special
(30 day) formal notice must be provided.
Additionally, while Lake Eden is zoned OS (Open Space) zone district,
it is more appropriate to place CF zoning on this property since the
lift station is there and the canal feature is not a regularly
maintained part of Lake Eden.
Recommend approval of Ordinance No. 85-91 on first reading.
p~ ISí~ 5-0
PH I ~nD ~ Oìì ¡ jlLl /C¡d.-
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~ 0- \-<OOM-S~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 19, 1991
ORDINANCES CORRECTING THE OFFICIAL ZONING MAP
R-1-A TO C.F. (NORTH SWINTON AVENUE)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of two ordinances, each of which
corrects errors made on the Official Zoning Map when it was
adopted with the revised LDRS.
These items are being presently directed to the City
Commission through the provisions of Section 2.4.7(F)(2)
Relief From Improper Regulations.
BACKGROUND:
Each of these items have been reviewed by the Special Adjustment
Advisory Board and have been forwarded directly to the City
Commission on the basis of improper enactment at the time of
adoption of the LDRs. The basis for each determination is as
follows:
Unity Church ~rennis Courts, R-l-A to CF: The tennis courts for
Unity Church are located on a separate parcel (lot). When
constructing the zoning map, it was thought that the lot was one
of the single family development lots of the adjacent
subdivision. Upon review of a recent land development
application, this error was discovered. The rest of the holdings
of Unity Church are C.F., thus it is appropriate to zone this
property accordingly. A correction must also be made to the
Future Land Use Map. This will be accommodated in Amendment
92-1.
The' property owner has been notified on this situation and, by
letter, has consented to the rezoning action. Thus, normal
second reading advertising can be accommodated.
-
City Commission Documentation
Meeting of November 19, 1991
Ordinances Correcting The Official Zoning Map
R-1-A to C.F. (North swinton Avenue)
Page 2
Canal/Lift Station, north of Unity Church, R-I-A to CF: This
property is an excess parcel which resulted from the creation of
the Lake Eden Subdivision. A canal intrudes into the site. A
municipal lift station is located at the east end of the site.
The property is shown as an extension of Lake Eden on the Future
Land Use Map. While Lake Eden is zoned as Open Space (OS), it is
more appropriate to place CF zoning on the property since the
lift station is there and the canal feature is not a regularly
maintained feature of Lake Eden.
The inappropriate zoning was discovered during review of a land
development request on adjacent property to the south. A pUblic
hearing regarding that item (church use) will be before the
Planning and Zoning Board on November 18th. If any concerns are
aired at that meeting, they will be reported at the City
Commission meeting.
The property owner has been informed of this situation. While
there is no interest in making use of the property, we do not
have a letter of consent; thus, special (30 day) formal notice
must be provided to the property owner.
RECOMMENDED ACTION:
By motion, approval of each ordinance on first reading and
establishment of the public hearing dates as appropriate.
Attachment:
* Location Map
* Ordinances by others
DJK/#86/CCCF.TXT
.
ORDINANCE NO. 85-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR LAND LYING AND BEING IN SECTION 5,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, FROM R-1AA (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID
LAND IS LOCATED ON THE WEST SIDE OF SWINTON AVENUE,
APPROXIMATELY 600 FEET NORTH OF 22ND STREET; AND
CORRECTING "ZONING MAP OF DELRAY BEAC H, 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 Dwelling) District on the Zoning District map of the City
of Delray Beach, Florida, dated October 1, 1991; 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 CF (Community Facilities) District;
and,
WHEREAS, this matter was considered by the City Commisssion at
a public hearing and it was determined that the CF (Community
Facilities) 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 DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of De1ray
Beach, Florida, dated October 1, 1990, be, and the same is hereby
corrected to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
The South 142.00 feet of the North 1,460 feet of the
East 1/4 of the Southeast 1/4 lying west of Swinton
Avenue, Section 5, 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 1
hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
...
.
-2- Ord. No. 85-91
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER' '/,'c !
SUBJECT: AGENDA ITEM #: la F - MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 86-91
DATE: November 15, 1991
This is a first reading of an ordinance correcting the zoning
designation on a portion of the Unity School property located on the
east side of N.W. 2nd Avenue, approximately 400 feet north of N.W.
22nd Street from R-1A (Single Family Resident) to CF' (Communi ty
Facilities) zone district and correcting the official zoning map.
The tennis courts for Unity Church are located on a separate parcel
( lot) . When staff was constructing the zoning map, it was thought
that the lot was one of the single family development lots of the
adjacent subdivision. Upon review of a recent land development
application, this error was discovered. The rest of the holdings of
Unity Church are CF; thus, it is appropriate to zone this property
accordingly. A correction must also be made to the Future Land Use
Map. This will be accommodated in Comprehensive Plan Amendment 92-1.
The property owner has been notified of this action and has consented
to the rezoning action.
Recommend approval of Ordinance No. 86-91 on first reading.
p~ IS' R..w.Æ-. 6-0
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY [,1ANAGER
~0' (~ Q.Û~ ~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 19, 1991
ORDINANCES CORRECTING THE OFFICIAL ZONING MAP
R-1-A TO C.F. (NORTH SWINTON AVENUE)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of two ordinances, each of which
corrects errors made on the Official Zoning Map when it was
adopted with the revised LDRS.
These items are being presently directed to the City
Commission through the provisions of Section 2.4.7(F)(2)
Relief From Improper Regulations.
BACKGROUND:
Each of these items have been reviewed by the Special Adjustment
Advisory Board and have been forwarded directly to the City
Commission on the basis of improper enactment at the time of
adoption of the LDRs. The basis for each determination is as
follows:
Uni ty Church '.rennis Courts, R-I-A to CF: The tennis courts for
Unity Church are located on a separate parcel ( lot) . ~'¡hen
constructing the zoning map, it was thought that the lot was one
of the single family development lots of the adjacent
subdivision. Upon review of a recent land development
application, this error was discovered. The rest of the holdings
of Unity Church are C.F. , thus it is appropriate to zone this
property accordingly. A correction must also be made to the
Future Land Use Map. This will be accommodated in Amendment
92-l.
The property owner has been notified on this situation and, by
letter, has consented to the rezoning action. Thus, normal
second reading advertising can be accommodated.
-"1\
City Commission Documentation
Meeting of November 19, 1991
Ordinances correcting The Official Zoning Map
R-1-A to C.F. (North swinton Avenue)
Page 2
Canal/Lift station, north of Unity Church, R-I-A to CF: This
property is an excess parcel which resulted from the creation of
the Lake Eden Subdivision. A canal intrudes into the site. A
municipal lift station is located at the east end of the site.
The property is shown as an extension of Lake Eden on Lhe Future
Land Use Map. While Lake Eden is zoned as Open Space (OS) , it is
more appropriate to place CF zoning on the property since the
lift station is there and the canal feature is not a regularly
maintained feature of Lake Eden.
The inappropriate zoning was discovered during review of a land
development request on adjacent property to the south. A public
hearing regarding that item (church use) will be before the
Planning and Zoning Board on November 18th. If any concerns are
aired at that meeting, they will be reported at the City
Commission meeting.
The property owner has been informed of this situation. While
there is no interest in making use of the property, we do not
have a letter of consent; thus, special (30 day) formal notice
must be provided to the property owner.
RECOMMENDED ACTION:
By motion, approval of each ordinance on first reading and
establishment of the public hearing dates as appropriate.
Attachment:
* Location Map
* Ordinances by others
DJK/#86/CCCF.TXT
ORDINANCE NO. 86-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR LOT 1, LAKE EDEN SUBDIVISION, PLAT
NO. 1, AS RECORDED IN PLAT BOOK 28, PAGE 216 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM
R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF
(COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED
ON THE EAST SIDE OF N.W. 2ND AVENUE, APPROXIMATELY 400
FEET NORTH OF N.W. 22ND STREET; 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 R-1AA
(Single Family Dwelling) District on the Zoning District map of the City
of Delray Beach, Florida, dated October 1, 1991; 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 CF (Community Facilities) District;
and,
WHEREAS, this matter was considered by the City Commisssion at
a public hearing and it was determined that the CF (Community
Facilities) 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 DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of De1ray
Beach, Florida, dated October 1, 1990, be, and the same is hereby
corrected to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
Lot 1, Lake Eden Subdivision, Plat No. 1, Recorded in
Plat Book 28, Page 216 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 provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
.
.
--~-_.
--
- - -- ~ ~
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
-
-2- Ord. No. B &- 91
.
.----
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