02-13-90 Regular
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
FEBRUARY 13, 1990
7 P.M. AGENDA Commission Chambers
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.
1. Roll Call.
J2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
v'5. Approval of Regular Meeting minutes of January 16, 1990 and
January 30, 1990. 6\ l(/\'70
/'6. Proclamations:
A. Visiting Nurse Association 45th Anniversary- 1990.
B. Atlantic Lodge #217- Pythian Founders Day- February 19, 1990.
C. Boynton-Delray Lodge #206- Pythian Founders Day- February 19,
1990.
D. Disabled American Veterans Week- February 10- 19, 1990. --
E. Commending Mr. Theodore Baxter for Outstanding Community
Service.
F. Commending Mr. Charlie Kennedy for Outstanding Community
JG. Service.
Calling for a First Nonpartisan Election - March 13, 1990.
~H. Calling for a Special Election - March 13, 1990.
PUBLIC COMMENTS
7. Comments and Inquiries on Non-Agenda Items from the Public.
FIRST READINGS
8. ORDINANCE NO. 3-90: An Ordinance amending the Code of Ordinances
by enacting a new subchapter "Sidewalk Cafes" which provides the
criteria for application, permitting procedures and fees for sidewalk
cafes in the Central Business District ( CBD) . City Manager recommends
approval. If passed public hearing February 27th.
9. ORDINANCE NO. 4-90: An Ordinance prohibiting the consumption of
alcoholic beverages in public places. City Manager and City Attorney
recommend approval. If passed public hearing February 27th.
10. ORDINANCE NO. 5-90: An Ordinance correcting the Zoning Map to
show appropriate zoning of GC (General Commercial) District instead of
RM-10 (Multiple Family Dwelling) District for property commonly known
as the 8th Street Market located at the northeast corner of N.E. 8th
Avenue and N.E. 8th Street. City Manager recommends approval. If
passed public hearing February 27th.
11. ORDINANCE NO. 6-90: An Ordinance amending the City Code to
provide for expansion of the scope of equity investments that the
Police and Firefighters Pension Board can make. If passed public
hearing February 27th.
Agenda
Meeting of 2/13/90
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REGULAR AGENDA
12. APPOINTMENT OF A MEMBER TO THE BOARD OF CONSTRUCTION APPEALS:
Approve appointment of a member to the Board of Construction Appeals
in the vacant architect position to a term ending FebruarY,13, 1992.
Based upon the rotation system, this will be the Mayor's appointment.
13. ALTERNATE DATE FOR REGULAR COMMISSION MEETING OF MARCH 13, 1990:
Consider deferring the regular Commission meeting of March 13, 1990
(Election Day) to an alternate date. City Manager and staff recommend
March 14, 1990 as alternate date for regular Commission meeting.
14. CANVASSING OF ABSENTEE BALLOTS: Consider authorizing the
Supervisor of Elections to collect and process absentee ballots for
City elections. City Manager recommends approval.
15. REQUEST FOR MODIFICATION OF CITY CODE OF ORDINANCE TYPESET STYLE:
Consider request from American Legal Publishing Corporation to change
the typeset style in the Code book to a new format. City Manager
recommends approval.
16. SELECTION OF FINANCIAL ADVISOR: Consider selection of financial .
advisor for the 1990 General Obligation (Decade of Excellence) Bond
Issue- and-",- the,--1·990.,-Wa ter~ -and- Sewer- Revenue Bond Is sue. City Manager
and Financial Advisory Services Selection Committee recommend Public
Financial Management, Inc.
17. METHOD OF SALE FOR DECADE OF EXCELLENCE BOND ISSUE: Consider
bidding out Decade of Excellence Bond Issue. City Manager, Decade of
Excellence Bond Committee, and Staff recommend approval.
18. DECADE OF EXCELLENCE BOND PROJECTS- BALLFIELD LIGHTING: Consider
allocating the monies designated in the Bond Issue for lighting
improvements ($200,000) to Atlantic High School for their lighting
improvement projects. City Manager recommends approval.
19. CITY HALL EXPANSION- CHANGE ORDER NO. 13: This is a Change Order
increasing the contract price by $49,214.12 to install twinex cable
which will carry both data and voice (telephone) communications. City
Manager recommends approval.
20. ACCEPTANCE OF AGREEMENTS- MORSE SATURN: Accept agreements from
Morse Saturn (formerly Chamberlain property) located at the southwest
corner of Federal Highway and Tropic Bay Boulevard (LaMat) which,
defers installation of perimeter landscaping along Dixie Highway until
widening is completed and requires Morse to install a traffic signal
at Federal Highway and Tropic Bay Boulevard, if warranted, within one
year. City Manager recommends approval.
21. EXTENSION OF SITE PLAN APPROVAL- FRANZ, DELK, KINNARD (FDK) :
Consider extension of site plan approval for FDK located on the north
side of S.W. 10th Street between S.W. 12th and S.W. 13th Avenues.
City Manager, City Attorney, and Planning Director recommend denial.
Planning and Zoning Board recommends approval subject to conditions.
22. REQUEST FOR FINAL PAYMENT: Consider final payment in the amount
of $16,485.86 to H. Kurt Kettlehut and consider authorizing him
to finish out projects (North Congress, South Dixie, and 10th Street
Overpass) which are at 70%- 90% complete.
23. REQUEST FOR EXTENSION OF SAD ENACTING ORDINANCE 72-89: Consider
request from All American Enterprises for a 30 day extension of the
action approved on first reading of SAD enacting Ordinance 72-89.
City Manager recommends approval.
24. SETTLEMENT OFFER: Consider counter offer from Robert Friedman
in the amount of $2,500 to settle litigation stemming from his
attempts to acquire a Board Order from the Board of Adjustment
granting a variance.
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Agenda
Meeting of 2/13/90
25. APPEAL OF COMMUNITY APPEARANCE BOARD ACTION: Consider appeal
f~om MGP Auto Sales of a Community Appearance Board action relating to
modification of sign language.
26. REQUEST FROM THE EDUCATION BOARD: Consider a request from the
Education Board to add an eighth, non-voting member from North Boca
Raton to the Board. City Manager recommends approval.
27. REQUEST TO REMOVE IINO THRU TRUCKS" SIGN ON VIA VERONA: Consider
a request from Andover Properties to remove the "No thru trucksll sign
located on Via Verona.
CONSENT AGENDA
28. APPOINTMENT OF REPRESENTATIVE FOR LOGIC AND ACCURACY (L&A)
TESTING OF AUTOMATIC TABULATING EQUIPMENT AND CANVASSING BOARD:
Consider appointment of Jackie Winchester, Supervisor of Elections as
representative for the testing of the automatic tabulating equipment
and as an additional member of the City's Canvassing Board. City
Manager recommends approval.
29. _. APPROVAL OF. LIST OF_POLL WORKERS FOR_MUNICIPAL ELECTION: Direct
City' élerk to select a sufficient number of clerks and inspectors for
the list provided to conduct the upcoming municipal election. City
Manager recommends approval.
30. AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY AND
PREARRANGEMENTS OF DELRAY INC: Approve to form, amendment to the
contract between the City and Prearrangement Delray, Inc. which
defers payment into the building escrow fund until June 5, 1990 and
reduces the performance standard from $500,000 to $250,000 a year,
after four years. City Manager recommends approval.
31. AGREEMENT BETWEEN THE CITIES OF DELRAY BEACH AND BOCA RATON:
Approve emergency water agreement between the Cities of Delray Beach
and Boca Raton for an water line interconnection which will allow an
exchange of potable water in the event of an emergency. The costs of
this interconnection will be divided equally between both Cities. Our
share of the cost for construction of this project is $35,000.
Funding is available in Water and Sewer Interconnect (Account No.
441-5161-536-64.01). City Manager recommends approval.
32. ACCEPTANCE OF EASEMENT DEED- GREATER MT. OLIVE MISSIONARY BAPTIST
CHURCH: Accept easement deed from Greater Mt. Olive Missionary
Baptist Church which permits placement of an Historic Marker and
maintenance of a IImini park" by the City on the Church's property
located at the corner of N.W. 5th Avenue and N.W. 1st Street. City
Manager and Historic Preservation Board recommend approval.
33. FINAL PLAT APPROVAL: Approve final plat for the Community Child
Care Center located on N.W. 4th Street (Lake Ida Road) and N.W. 5th
Avenue. City Manager and City Engineer recommend approval.
34. AUTHORIZATION TO SUBMIT GRANT APPLICATION: Authorize staff to
submit a grant application to the State Department of Environmental
Regulation for consideration of award of funding in the amount of
$11,000 for our Dune Revegetation Project. City Manager recommends
approval.
35. GRANT APPLICATION - AFTER SCHOOL CARE PROGRAM: Consider approval
O~ of grant application to the Children's Service Council for funding in
the approximate amount of $160,000 to fund our Fiscal Year 1990/9¡
afterschool programs. City Manager recommends approval. f)ìHýúK Gi«jl )f.:{) df/6)90
36. ACCEPTANCE OF GRANT- GOVERNOR'S 1990 SENIOR GAMES: Accept grant
in the amount of $2,000 and authorize staff to participate, as a
sponsor, of the Governor's 1990 Senior Games to be held from March
19th through 24th. City Manager recommends approval.
37. AUTHORIZATION TO SUBMIT A GRANT APPLICATION: Authorize staff to
submit a grant application for matching to the State Department of
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Agenda
Meeting of 2/13/90
Environmental Regulation's Coastal Management Grants Division for
funds approximating $7,495 to support our Sea Turtle Conservation
Program. City Manager recommends approval.
~38. RESOLUTION NO. 10-90: A Resolution assessing costs for
abatement action required to board up an unsafe structure at 710 Bond
Way. City Manager recommends approval.
~39. RESOLUTION NO. 11-90: A Resolution assessing costs for
abatement action required to demolish an unsafe structure at 119 N.W.
4th Avenue. City Manager recommends approval.
v/.40. RESOLUTION NO. 12-90: A Resolution assessing costs for
abatement action required to demolish an unsafe structure at 206 S.W.
2nd Avenue. City Manager recommends approval.
v11. RESOLUTION NO. 13-90: A Resolution assessing costs for
abatement action required to remove nuisances on four properties
located throughout the City. City Manager recommends approval.
~42. RESOLUTION NO. 14-90: A Resolution assessing costs for abatement
action required to remove 12 junked vehicles located on properties
throughout the City. City Manager recommends approval.
~43. RESOLUTION NO. 15-90: A Resolution assessing costs for abatement
action required to remove nuisances on 26 properties located
throughout the City. City Manager recommends approval.
44. RESOLUTION NO. 16-90: A Resolution objecting to Palm Beach
vlcounty's proposed repeal of Ordinance 72-8 which currently provides
funding by Palm Beach County to the municipalities for school crossing
guards. City Manager recommends approval.
45. AWARD OF BIDS AND CONTRACTS:
A. Phase IIIb, Stormwater Utility Fee- Engineering- Gee & Jenson
Engineers to finalize the storm water fee rate, develop and
implement schedule, and preparation of the necessary ordinance,
in the amount of $29,000 with funding from General Fund
Engineering Services (Account No. 001-2911-519-33.11).
B. Landscape Maintenance Service- N.E. 8th Street (Between N.E.
5th Avenue and A-1-A) and West Atlantic Avenue (Between Swinton
Avenue and 1-95 Interchange)- America's Pros in the amount of
$24,605 with funding from Beautification Trust Fund Maintenance
Contracts (Account No. 119-4144-572-33.49).
C. Hurricane Shutters- Pompey Park and Community Center- Folding
Shutter Corporation in the amount of $25,868 with funding from
Parks and Recreation Lapsed 1988-89 Funds.
D. CDBG Housing Rehabilitation Grant Award- 122 S.W. 7th Avenue-
Abisset Corporation in the amount of $14,960 with funding from
CDBG Block Grant Housing Rehab (Account No. 118-1963-554-60.23).
E. Liquid Chlorine- Annual Contract- PB&S Chemical in the
approximate amount of $69,000 with funding from Water and Sewer
Water Treatment Chemical (Account No. 441-5122-536-35.18) .
F. Irrigation System- Memorial Gardens Cemetery- Triple A
Irrigation in the amount of $12,868 with funding from Cemetery
Capital Outlay Other (Account No. 428-4511-539-60.89).
46. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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MY NAME IS BEN DIRECTOR, A RESIDENT OF THE CITY OF DELRAY BEACH
RESIDING AT 1415 N. W. 28TH. AVE.
IT 18 A REASONABLE ASSUMPTION THAT MANY CITIZENS OF THE CITY OF DELRAY
BEACH ARE NOW AWARE THAT THE CONSTANT BAD PRESS AND PUBLICITY
ATTRIBUTED TO THE CITY WAS CREATED AND MANUFACTURED BY COMMISSIONER MC
CARTY. IT IS ALSO A REASONABLE PERCEPTION THAT THE BAD PRESS AND
PUBLICITY WILL GO AWAY WHEN SHE LEAVES THESE COMMISSION CHAMBERS.
LET ME GIVE YOU AN EXAMPLE OF IRRESPONSIBLE POLITICS. I HAVE HERE
THREE PRESS CLIPPINGS, DATED FEB 6 AND 7. FROM THE PALM BEACH POST AND
rHE SUN SENTINEL. THE HEADINGS READ" DELRAY MAY FACE A
SHORTFALL--STORE SALE MAY CUT DELRAY DEFICIT--DELRAY DELAYS $ 1.2 MILL
SPENDING CUTS."
THERE IS ONE CERTAINTY WITHIN OUR CITY ADMINISTRATION, WHICH IS, THAT
OUR CITY FINANCE DIRECTOR DAVID HUDDLESTON, IS A NON-POLITICAL PERSON,
AN HONORED PROFESSIONAL WITH A GREAT TALENT TOWARD ~ISCAL INTEGRITY.
HE DETERMINED DETERMINED THAT REVENUE FROM A VERIETY OF SOURCES,
CONSTRUCTION PERMITS, FINES, SALES TAXES WAS LAGGING BEHIND BUDGET
ESTIMATES. FURTHER. AFTER REVEIWING PROPERTY APPRAISER REBECCA
WALKER'S REPORT WHICH STATED THAT DELRAY WILL COLLECT LESS TAXES
RESULTING FROM A $ 61 MIL. PROPERTY ASSESSMENT REDUCTION. HE
THERE-UPON ADVISED THE CITY MANAGER, AS HE SHOULD.
OUR CITY MANAGER MALCOM BIRD REACTED IN AN EXPECTED MANNER AND
PREPARED A WELL THOUGHT OUT SOLUTION TO THE ANTICIPATED BUDGET
SHORT-FALL. IT DID NOT COME AS ANY SURPRISE TO CITY HALL WATCHERS
WHEN COMMISSIONER MC CARTY BELITTLED THE CITY MANAGER'S REPORT. AGAIN,
SHE GOT NEWSPAPER COVERAGE AND EXPOSURE AND THE CITY GOT BAD PRESS. .
LET ME QUOTE HER FROM THE SUN SENTINAL ON FEB 6TH., " AND SHE SAID,
SHE IS NOT CONVINCED THAT THE CUTS ARE TRULY NEEDED. I JUST DON'T SEE
THE JUSTIFICATION FOR ALL THIS MANEUERING. SHE SAID. SHE SAID SHE WAS
SUSPICIOUS BECAUSE NO OTHER CITIES FACE A SIMILAR BUDGET CRUNCH"
(2
LET ME QUOTE FROM THE PALM BEACH POST ON FEB. 7TH.
" COMMISSIONER MARY MCARTY QUESTIONED WHETHER THE PREDICTED SHORTAGE
WAS ACCURATE --BEFORE WE CAN SOLVE THE PROBLEM. WE HAVE TO VERIFY THAT
IT EXISTS MCCARTY SAID, IT SEEMS THAT IN ALL THESE FIGURES THEY HAVE
TAKEN A WORST POSSIBLE SCENARIO' END QUOTE.
LET ME KNOW QUOTE FROM THE SUN SENTINAL OF FEB. 7TH:
"COMMISS [ONER MARY MCCARTY, FOR INSTANCE, SAID IT APPEARS BIRD IS
BEING UNNECESSARILY PESSIMISTIC ABOUT THE CITYS' FINANCIAL OUTLOOK'---
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LAST WEEK I WAS SHOCKED TO HEAR COMMISSIONER MCCARTY STATE
THAT IT WAS HER PHILOSOPHY THAT WE SHOULD IN EFFECT MORTGAGE
OUR FUTURE TO PAY OUR CURRENT OPERATING EXPENSES. HER
SUGGESTION WAS THAT THE CITY SHOULD USE THE UNEXPENDED
POTIONS OF TWO BOND ISSUES AND / OR THE UNEXPENDED INTEREST
EARNINGS OF THOSE BONDS BE USED TO OFFSET THE REVENUE
SHORTFALLS. THIS IN HER MIND BEING MORE RESPONSIBLE THAN THE
BELT TIGHTENING PROPOSAL WHICH THE STAFF HAD PREPARED.
WE ALSO HEARD THAT SOME TWO MILLION DOLLARS IN RESERVES HAD
BEEN DISSIPATED FROM THE VARIOUS RESERVES OF THE CITY. BY
COMMISSIONER KCCARTY ADMISSION OUR RAINY DAY FUND WAS DOWN
TO ONE AND ONE HALF PERCENT OF THE UTILITY TAX. THE
REMAINING BALANCE OF THAT TAX WOULD SUPPORT A BOND ISSUE OF
ABOUT $500,000 . THIS AMOUNT WOULD BE INADEQUATE TO CLEAN UP
ANY DAMAr.R pw, '... ~ MAJOR HURRICANE DAMAGE OR TO PURIFY OUR
DRINKING WATER SHOULD IT AGAIN BECOME POLLUTED.
IT SHOULD BE REMEMBERED THAT IF WE NEED TO BORROW MONEY TO
MEET OUR OPERATING OBLIGATIONS THEN IT IS TRUE THAT OUR
REVENUES WERE INADEQUATE FOR OUR LEVEL OF EXPENDITURES. PUT
ANOTHER WAY IF WE DON'T CUT EXPENDITURES THEN WE SHALL SURELY
HAVE TO RAISE TAXES NEXT YEAR. THE 1.2 MILLION DOLLARS WHICH
COMMISSIONER MCCARTY PROPOSES TO IGNORE WOULD INCREASE NEXT
YEAR TAXES BY ABOUT ONE HALF MIL. THE ADDITION OF THE DECADE
OF EXCELLENCE BOND WILL RAISE TAXES BY ABOUT ANOTHER .~~ KILS
fINALLY THE PAYOFF OF THE SHORT TERM BORROWING, NONE OF WHICH
WAS PAID THIS YEAR, WILL ADD ANOTHER .4 MILS. THE CUMULATIVE
0
EFFECT OF THESE INCREASES WITHOUT TAKING INTO EFFECT THE
ALREADY AGREED TO SALARY AND COST OF LIVING ADJUSTMENTS WILL
RESULT IN A TAX RATE OF APPROXIMATELY 7.78 MILS OR AN
INCREASE OF 25% IN OUR TAX RATE. THIS HUGE TAX INCREASE WILL
NOT, I REPEAT, WILL NOT DO ANYTHING TO PROVIDE RESERVES FOR
OUR SELF INSURANCE FUNDS.
THE EFFECT OF THE CITY FOLLOWING THE SPEND. SPEND, SPEND
PHILOSOPHY OF COMMISSIONER MCCARTY IS THAT OUR CITY'S FISCAL
HOUSE IS IN CHAOS AND IT MUST BE PUT BACK IN ORDER. IT SEEMS
THAT HAVING DISSIPATED OUR TREASURY, COMMISSIONER MCCARTY IS
RUNNING FOR HIGHER OFFICE BEFORE SHE CAN BE HELD ACCOUNTABLE
FOR THE RECKLESS IRRESPONSIBILITY OF HER FAILED FISCAL
POLICY.
I CALL UPON THE MAYOR AND THE MAJORITY OF THE COMMISSION TO
UNDERTAKE A BOLD AND DRASTIC CHANGE IN DIRECTION AND FOLLOW
THE PATH WHICH WAS AGREED TO BY THE MAJORITY IN LAST WEEKS
WORKSHOP.
I HAVE CONSULTED WITH A NUMBER OF FISCALLY COMPETENT
RESIDENTS WITHIN OUR COMMUNITY AND THEY STRONGLY RECOMMEND
THE FOLLOWING ACTION PLAN:
1, IMMEDIATELY UNDERTAKE THE BELT TIGHTENING SUGGESTED BY THE
STAFF.
~. PLh~E INTO THE INSURANCE RESERVES ALL WINDFALLS INCLUDING
THE PROCEEDS OF THE SALE OF THE ADULT BOOK STORE.
0 ESTABLISH A PLAN FOR THE RESPONSIBLE BUILDING OF GENERAL
~.
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FUND AND INSURANCE FUND RESERVES TO WHATEVER LEVEL IS
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PROPOSED BY RESPONSIBLE OUTSIDE FINANCIAL ADVISORS.
IN CLOSING LET ME OBSERVE THAT THERE ARE A NUMBER OF PERSONS
HERE TONIGHT WHO AGREE WITH THE SENTIMENTS WHICH I HAVE
EXPRESSED. IN THE INTEREST OF NOT CAUSING YOUR MEETING TO BE
UNNECESSARILY EXTENDED I HAVE EXPRESSED THEIR FEELINGS. I
WOULD ASK AT THIS TIME THAT ALL WHO AGREE WITH THE SENTIMENTS
TO PLEASE SHOW THAT SUPPORT BY STANDING AT THIS TIME.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 13, 1990
DATE: February 9, 1990
FIRST READINGS
Item No. 8 (Ordinance No. 3-90) This is a First Reading of an
Ordinance amending the Code of Ordinances by enacting a new subchapter
"Sidewalk Cafes" which provides the criteria for application,
permitting procedures and fees for sidewalk cafes in the Central
Business District ( CBD) . The application fee for a sidewalk cafe
permit will be $50 with an annual charge thereafter of $50 per
renewal. Provisions of the application require a valid occupational
license¡ site plan of the area between the store front and vehicular
traffic surfaces¡ proof of insurance¡ and execution of a Hold Harmless
Agreement in a form acceptable to the City Attorney.
Other provisions provide for denial, revocation, or suspension of
permit for loss of business or health permit¡ insufficient insurance
coverage¡ changing conditions relating to pedestrian or vehicular
movement¡ and failure to correct violations.
Additionally, the provision allowing for consumption of alcoholic
beverages at a sidewalk cafe must be addressed. Currently, this
activity is prohibited by Code. A draft ordinance has been placed on
your agenda for action.
Recommend approval of Ordinance No. 3-90.
Item No. 9 (Ordinance No. 4-90) This is a First Reading of an
Ordinance prohibiting the consumption of alcoholic beverages in public
places.
One of the provisions contained in Ordinance No. 3-90 provides for the
consumption of alcoholic beverages at permitted sidewalk cafes. This
activity is currently prohibited by Code. This Ordinance provides for
exceptions to that policy. In addition, the revised ordinance will
also eliminate the threat of arrest from golfers at the municipal golf
course and allows a mechanism by which the City Manager could waive
the application of the ordinance for special events, such as Old
School Square grand opening, Delray Affair, and the like.
Recommend approval of Ordinance 4-90.
Item No. 10 (Ordinance No. 5-90) This is a First Reading of an
Ordinance correcting the Zoning Map to show appropriate zoning of GC
(General Commercial) District instead of RM-10 (Multiple Family
Dwelling) District, for property commonly known as the 8th Street
Market located at the northeast corner of N.E. 8th Avenue and N.E.
8th Street. This property was zoned as C-2 upon annexation in 1971.
Since that time, the zoning map has shown three different designations
(RM-15, GC, and RM-10) and one map showed no designation even though
there have been no site specific rezonings of the property. The
Future Land Use Map designates the property as Commercial¡ thus, the
original zoning of Commercial is still appropriate. In similar
circumstances, when it was apparent an error had been made of the
official zoning map, a corrective ordinance was prepared.
Recommend approval of Ordinance No. 5-90.
Item No. 11 (Ordinance No. 6-90) This is a First Reading of an
Ordinance which expands the scope of equity investments that the
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AGENDA REPORT
Meeting of 2/13/90
Police and Firefighters Pension Board can make. Based upon a request
made by the Police and Firefighter Pension Board of Trustees, the City
Attorney's Office, performed research regarding the modification of
the ordinance governing the financing and fund management of the
Police and Fire Pension Fund. It was the Trustees belief that returns
on our investments could be enhanced by modification or elimination of
certain restrictions on the pension fund investments contained in our
ordinances.
The City Attorney's Office has determined that the most restrictive
provision found in our Code of Ordinances is Section 33.66, subsection
33.66(E)(2), which provides restrictions on pension fund investment in
corporate stocks and bonds. Those restrictions in our Code of
Ordinances are:
1. Corporations listed on any one or more of the recognized
national stock exchanges, and holding a rating in one of the
three highest classifications.
2 . Corporations which have paid cash dividends for a period of
seven fiscal years preceding the date of acquisition.
3. Those corporation which have after-tax earnings in an average
amount equal to at least two times the amount of yearly interest
charges on their bonds, and an amount at least equal to two times
the amount of interest charges in each of three fiscal years
immediately preceding purchase¡ where those corporations which
over the seven fiscal years immediately preceding purchase have
after-tax earnings in an average amount equal to at least six
percent of the par value of their bonds in each of the three
fiscal years immediately preceding purchase.
4. Those corporations which are not in default or which have not
been in default within the immediately preceding five year
period.
5. The Pension Board is prohibited from investing more than five
percent of Pension Fund assets in the stock of anyone issuing
company, or from acquiring more than three percent of the
outstanding stock of anyone company.
6. The Pension Board is prohibited for investing more than fifty
percent of fund assets and stocks.
Language similar to that in Item 1 above exists in State Statutes,
however, there are no provision established in the statutes for Items
2, 3, 4. With reference to Item 5, the Statutes establish an
investment limit of five percent of outstanding stock. Likewise on
Item 6, an investment limit of 30% on stock (equity) investments
exists.
The Statute specifically states that municipalities with "local law"
pension plans may modify investment procedures contained in the
statutes through a municipal ordinance. While Section 33.66 could be
repealed in its entirety, it is recommended that it be amended to
modify or delete only those investment provisions which are more
restrictive than those in Florida Statutes. A detailed staff report
is attached as background material for this item.
Recommend approval of Ordinance No. 6-90.
REGULAR AGENDA
Item No. 12 Appointment of a Member to the Board of Construction
Appeals. There is currently a vacancy on the Board of Construction
Appeals in the architect position. According to the rotation policy
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AGENDA REPORT
Me~ting of 2/13/90
approved encompassed in the Commission's Local Rules, this is the
Mayor's appointment. We received applications from: Robert G.
Currie and Darrel D. Rippeteau.
Recommend appointment of a member to the architect position on the
Board of Construction Appeals to a term ending February 13, 1992.
Item No. 13 Alternate Date for Regular Commission Meeting of March
13, 1990. At the annual organization meeting held on March 30, 1989,
The Commission, by' motion, unanimously approved the yearly meeting
dates for the Commission, with the caveat that no meeting would be
held on the date set aside for the municipal election. The First
Nonpartisan and Special Election will be held on Tuesday, March 13,
1990, which coincides with the date for the regularly scheduled
Commission meeting.
Pursuant to your action at the organizational meeting, the March 13th
regular Commission meeting is effectively canceled out, and therefore,
an alternate date needs to be scheduled. Staff recommends
consideration of Wednesday, March 14, 1990 as the alternate date.
Historically, As the Commission has met at 12 p.m. (noon) the day
after the elections to canvass the returns, you may wish to consider
delaying this action until 7 p.m. following which a regular meeting
can be held.
Recommend March 14, 1990 be approved as a alternate reqular meeting
date for the City Commission.
Item No. 14 Canvassing of Absentee Ballots. Jackie Winchester,
Supervisor of Elections for Palm Beach County, has presented us with
the option of having her office handle the City's absentee ballots for
the upcoming election. The Supervisor of Elections' office is
equipped with a computerized system for monitoring request for
ballots, distribution, accounting for unreturned ballots as well as
electronic signature verification. Their office would coordinate all
requests for absentee ballots, including those mailed and those done
on a walk-in basis, complete all required verifications and register
recordings, and also insure that the absentee ballots are held in
safekeeping prior to ballot counting.
In the past, the City Clerk's office has handled the absentee ballots.
While they have been able to provide this service adequately to the
voters, it does involve a great deal of manual recordkeeping, as well
as, staff time for trips to the South County Elections Office for
signature verification and travel to the various polling locations the
day of the election to mark the registers for those individuals voting
absentee.
The one draw back to this proposal is that voters who are accustomed
to coming to City Hall to vote absentee in municipal elections would
need to be directed to the South County Elections Office at 345 South
Congress Avenue.
Recommend the Supervisor for Elections for Palm Beach County be
authorized to handle the City's absentee ballots for the upcoming
election on March 13, 1990.
Item No. 15 Request for Modification of City Code of Ordinance
Typeset Style. Consider request from American Legal Publishing
Corporation to change the typeset style in the Code book to a new
format. If the Commission approves this request, the new pages will
be provided to us for all Code Books at no cost.
Recommend approval of request for modification of the City Code of
Ordinances typeset style.
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AGENDA REPORT
Meeting of 2/13/90
Item No. 16 Selection of Financial Advisor. At your December 7th
special meeting, the Commission requested Staff advertise for services
of a Financial Advisor to assist in the preparation of future bond
sales. Bidding closed on January 16, 1990.
The following nine firms submitted proposals:
Evensen Dodge, Inc. Suntrust Securities, Inc.
Meridian Capital Markets, Inc. Florida Municipal Advisors
*Arch W. Roberts and Company Citizens and Southern
*Raymond James and Associates, Inc. William R. Hough and Company
Public Financial Management, Inc.
* Arch W. Roberts and Company merged with Raymond James and
Associates, Inc. We received a combined bid from them on January 30,
1990.
The Financial Advisory Service Selection Committee interviewed eight .
firms who responded to our Request for Proposals. Based upon the
proposals and interviews, they are recommending selection of Public
Financial Management, Inc. to serve as Financial Advisor for both the
1990 General Obligation (Decade of Excellence) Bond Issue and the 1990
Water and Sewer Revenue Bond Issue.
Additionally, following selection, the Financial Advisor will be asked
to provide recommendations regarding the selection of a Registrar,
Paying Agent, Construction Arbitrage Investment Manager, Arbitrage
Calculator, Printer and other appropriate services. The estimated
cost for advisory services is $30,000 for both bond issues with
payment being made for bond proceeds.
Recommend selection of Public Financial Management, Inc. to serve as
Financial Advisor for both the 1990 General Obligation (Decade of
Excellence) Bond Issue and the 1990 Water and Sewer Revenue Bond
Issue.
Item No. 17 Sales Method for the Decade of Excellence Bond Issue.
During the interview process for financial advisory services,
discussion was held relative to the 1990 General Obligation (Decade of
Excellence) Bond Issue regarding the appropriate methodology for the
sale of this issue. It was suggested that this issue be done by
competitive bid as this process allows all interested underwriters to
review the City's Official Statement and to submit their best bid,
i. e. lowest interest rate.
The Decade of Excellence Bond Committee, City Manager and Staff
recommend that the sale be bid.
Recommend bid out of the 1990 General Obligation (Decade of
Excellence) Bond issue.
Item No. 18 Decade of Excellence Bond Projects~ Ballfield Lighting.
During compilation of the Decade Of Excellence Bond project list,
Carver Middle School, Atlantic High School and Plumosa Middle School
were designated as potential sites requiring ballfield lighting
improvements. A review of those sites have been completed, as has
meetings with representative from Atlantic High School and Carver
Middle School. Based upon those reviews, staff is recommending that
the lighting improvements initially be done to the multi-purpose
fields at Atlantic High School. As cost estimates are not complete,
the actual costs of the lighting improvements are unknown; however, if
funds are left over, the two other sites will be considered for
improvement. The Principal at Atlantic High School, Carole Shelter,
has indicated that she would seek funding to assist in this project.
This request will need to be submitted soon in order to have an
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·
AGENDA REPORT
M~eting of 2/13/90
opportunity to reserve any funding.
Recommend consideration of allocating the monies designated in the
Bond Issue for lighting improvements ($200,000) to Atlantic High
School for their lighting improvement projects.
Item No. 19 City Hall Expansion- Change Order No. 13. This is a
Change Order in the amount of $49,214.12 to install twinex cable which
will carry both data and voice (telephone) communications. As
discussed in the City Attorney's memo to the Commission, dated May 3,
1989, cabling and telephone upgrades were not part of the contract
award. It was felt that these items could be bid separately or added
through change order when funding was available through interest
earnings or it could be funded through the operating budget. Funding
for the telephone upgrades was included in the FY 89-90 budget.
The original estimate for the twinex cable installation was $29,000.
However, this estimate did not include cost of materials which were
specifically excluded from the original proposal ($17,000), materials
required due to additional computer connections ($2,000) and
additional labor costs ($2,000). The change order price includes
costs for work proposed by Power Systems, Inc. as well as $1,000 for
General Contractor overhead. The formal change order is being prepared
by the contractor. It is recommended that the work done now while the
ceiling is still open in order to save additional installation costs.
Recommend approval of Change Order No. 13 in the amount of $49,214.12
with funding from the 1987 Utility Tax Bond unallocated interest
earnings.
Item No. 20 Acceptance of Agreements- Morse Saturn. Morse Saturn is
requesting acceptance of two agreements regarding their property,
(formerly Chamberlain property), located at the southwest corner of
Federal Highway and Tropic Bay Boulevard (LaMat) which are required
prior to final plat action. These agreements defer installation of
perimeter landscaping along Dixie Highway until widening is completed
and requires Morse to install a traffic signal at Federal Highway and
Tropic Bay Boulevard, if warranted, within one year.
The proposed agreements have been approved as to form by the City
Attorney's Office and have been checked by the Planning Department as
to conformity with the conditions of approval. Planning and Zoning
Board action is not required on administrative actions.
Recommend acceptance of two agreements with Morse Saturn.
Item No. 21 Extension of Site Plan Approval- Franz, Delk, Kinnard
(FDK). FDK is requesting extension of site plan approval for a
proposed four building light industrial complex to be located on the
north side of S.W. 10th Street between S.W. 12th and S.W. 13th
Avenues. This item was pulled at the request of the applicant from
your January 30th agenda.
Original site plan approval was granted in July 1988. This approval
was for the normal eighteen month time frame. Mitigating
circumstances prevented the timely platting and development of this
site. FDK development plan is fully contained within Wellfield
Protection Zone 3 with a small portion of the property (northerly end)
lying within Wellfield Protection Zone 2, and therefore had to meet
additional requirements as specified by the South Florida Water
Management District.
The Planning and Zoning Board at it's January 22nd meeting recommended
the following compromise action, "that the extension be granted and
that it be effective until such time as either revised development
regulations (as required by the Comprehensive Plan) are adopted or a
- 5 -
AGENDA REPORT
Meeting of 2/13/90
site specific rezoning is initiated by and approved by the City (and
such regulations or rezoning prohibits the proposed use).
Subsequent conversations with the City Attorney's Office have revealed
an opinion that, the City is precluded from granting an extension
since it is tantamount to granting a development order of an activity
which is contrary to the Comprehensive Plan. While the Planning and
Zoning Board's recommendation did not address legal concerns, such
concerns were to have been addressed between their recommendation and
consideration of the item by the Commission. Therefore, staff's
recommendation has been modified to reflect denial based upon the
inconsistency of the site plan with the Future Land Use Map and
Comprehensive Plan. A detailed staff report is available for review
in the City Manager's office.
Recommend consideration of request for extension of the site plan for
FDK.
Item No. 22 Request for Final Payment. Staff has been working with
Mr. Kettlehut since the termination of his contract in an attempt to
reach an amicable settlement on fees due. On January 3rd we received
a statement of fees due in an approximate amount of $26,000.
Subsequently, Mr. Kettlehut revised his figures to approximately
$23,429.37, and on February 1st revised them again to $22,969.15.
Staff's estimation of the amount due upon termination of the contract
is $16,485.86. A detailed memo is attached as backup material for
this item. Additionally, staff is recommending that Mr. Kettlehut be
authorized to complete work on North Congress, South Dixie Highway,
and the S.W. 10th Street overpass as those plans are currently 70% to
90% complete. The cost to complete these three projects is $689.
Funding for both the settlement and for completion of plans is
available in 1987 Utility Tax Fund.
Recommend consideration of final payment in the amount of $16,485.86
to H. Kurt Kettlehut and authorization to finish out projects (North
Congress, South Dixie and 10th Street Overpass) which are 70%-90%
complete.
Item No. 23 Request for Extension of SAD Enacting Ordinance 72-89.
Consider request from All American Enterprises for a 30 day extension
of the action approved on second reading of SAD enacting Ordinance
72-89. Upon first reading of the SAD ordinance, a condition was
attached that would render the ordinance void if a site plan were not
processed and before the Commission for action by March 13, 1990.
While a site plan has been submitted and currently under review, it
will not be acted upon by the Planning and Zoning Board before March
19th. Thus, it will come before the Commission on March 26th.
The original intent of proposing the condition was to insure that
timely progress was made on the development proposal and to have the
item acted upon by the same City Commission which held first reading.
Both intents will be met by granting an extension to March 27th.
Recommend approval of request for extension of SAD enacting Ordinance
72-89.
Item No. 24 Settlement Offer. This item was previously before the
Commission. At that time the Commission agreed to offer a settlement
amount of $1,000 to Mr. Friedman. Mr. Friedman has submitted a
counter offer in the amount of $2,500. His original claim was for
attorney fees, incurred in an attempt to obtain a Board Order for a
variance from the Board of Adjustment, in the amount of $6,300. At
that time the City Attorney's position was that the City is not
legally required to pay attorney's fees even if the Friedmans had
filed the papers and prevailed in Circuit Court. However, their
- 6 -
AGENDA REPORT
Meeting of 2/13/90
review of the claim is based on the legal basis for the claim and does
not address the equities of the situation.
Recommend consider of a counter offer made by Mr. Friedman in the
amount of $2,500.
Item No. 25 Appeal of Community Appearance Board Action. MGP Auto
Sales is requesting consideration of an appeal of a Community
Appearance Board action relating to modification of sign language.
The Community Appearance Board reviewed the proposed sign from MGP
Auto Sales, Inc. at their January 24th meeting and recommended
deletion of the words "wholesale, export, and retail" from the sign as
well as a reduction in sign height from 18 feet to 16 feet. While,
MGP does not object to the reduction is size, they are concerned that
the elimination of the wording will have an adverse impact on their
business.
Recommend consideration of an appeal from MGP Auto Sales, Inc.
reqarding a Community Appearance Board action.
Item No. 26 Request from the Education Board. The Education Board is
requesting Commission approval to add an eighth, non-voting member
from North Boca Raton to the Board. Rational for this request is that
North Boca Raton is a part of the Delray Beach attendance boundaries
for School Board planning purposes, and any decision made regarding
Delray Beach schools affect North Boca Raton residents, their input
and support of the Board's actions would be beneficial.
Recommend consideration of request from the Education Board to expand
its membership to eight members.
Item No. 27 Request to Remove "No Thru Trucks" Sign on Via Verona.
In June 1989, we received a request from a property owner on Via
Verona requesting that a "no thru trucks" sign be posted along that
road. The resident was complaining that large trucks using Via Verona
as a construction route to gain access to the Andover area, were
causing substantial damage to the road surface as well as being a
source of nuisance for property owners.
Engineering staff researched this request and recommended erection of
signs, finding that the Andover development had adequate, alternate
means of access, off Germantown Road, to their internal development
roads. Additionally, based upon an earlier inquiry from Andover, the
City Attorney's office determined that the City had the authority to
regulate traffic on Via Verona.
Andover is now formally petitioning the City Commission for removal of
the "no thru truck" sign on Via Verona citing that it is unfair and
discriminatory.
Recommend consideration of a request from Andover Properties to remove
the II No thru trucks" sign located on Via Verona.
CONSENT AGENDA
Item No. 28 Appointment of Representative for Logic and Accuracy (L&A)
Testing of Automatic Tabulating Equipment and Canvassing Board. By
State law, the City may designate the Palm Beach County Supervisor of
Elections as a representative for the Logic and Accuracy (L&A) test of
automatic election tabulation equipment. The Supervisor may also
serve as an additional member of the City's Canvassing Board. In the
past the City Commission has appointed Jackie Winchester, Supervisor
of Elections for Palm Beach County to represent the City.
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AGENDA REPORT
Meeting of 2/13/90
Recommend appointment of Jackie Winchester, Supervisor of Elections
for Palm Beach County, as representative for the testing of the
automatic tabulating equipment and as an additional member of the
City's Canvassing Board.
Item No. 29 Approval of List of Pollworkers for Municipal Election.
Provided in your agenda packet is a list of individuals who are
interested in working as clerks or inspectors for the upcoming
election of March 13, 1990. The Commission has historically tasked
the City Clerk with the responsibility of selecting a sufficient
number of individuals to work at the polls and conduct the election.
Recommend the the City Clerk be directed to select a sufficient number
of clerks and inspectors from the list provided to conduct the
upcominq municipal election.
Item No. 30 Amendment No. 2 to the Agreement Between the City and
Prearrangements of Delray Inc. At your January 30th, regular meeting,
the Commission approved in concept an amendment to the contract
between the City and Prearrange~ent Delray, Inc. which defers payment
into the building escrow fund until June 5, 1990 and reduces the
performance standard from $500,000 to $250,000 a year, after four
years. This item is before you for approval to form of the contract
modification.
Recommend approval of Amendment No. 2 to the agreement between the
City and Prearrangements of Delray Inc.
. Item No. 31 Agreement Between the Cities of Delray Beach and Boca
Raton. This Emergency Water Agreement provides for mutual assistance
in the event either City has an emergency need for potable water. The
charges for metered water shall be at the negotiated commodity rate of
53¢ per thousand gallons. The costs of this interconnection will be
divided equally between both Cities. Our cost for construction of
this project is $35,000. Funding is available in Water and Sewer
Interconnect (Account No. 441-5161-536-64.01).
Recommend approval of Emergency Water Agreement with Boca Raton.
Item No. 32 Acceptance of Easement Deed- Greater Mt. Olive Missionary
Baptist Church. In July 1989, the Commission approved funding and
placement of a marker on the Church's property located at the corner
of N.W. 5th Avenue and N.W. 1st Street. The easement deed provides
for placement of the marker and maintenance of a "mini park" by the
City. Installation of landscaping will be provided by private
efforts.
Recommend acceptance of easement deed for Greater Mt. Olive Missionary
Baptist Church.
Item No. 33 Final Plat Approval. This is a staff initiated platting
of the Community Child Care Center property located on N.W. 4th
Street (Lake Ida Road) and N.W. 5th Avenue. This action is a
condition of our conveyance of the property and Commission approval is
needed prior to recordation of the final plat.
Recommend approval of final plat.
Item No. 34 Authorization to Submit Grant Application. Staff is
requesting authorization to to submit a grant application to the State
Department of Environmental Regulation for consideration of award of
funding in the amount of $11,000 for our Dune Revegetation Project.
This application is consistent with policies adopted in our
Comprehensive Plan.
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AGENDA REPORT
Meeting of 2/13/90
In recent years our dominant back-dune species, has develo~ed a root
virus which threatens to decimate this portion of the pioneer/scrub
zone. The proposed project will re-vegetate the crest and backdune
areas with species common to the pioneer and scrub zones. Planting
will take place in a one and one-quarter mile area of the municipal
beach. The project design work will be done in house with the
planting being contracted out. The total cost of the proposed project
is $22,000. This is a 50/50 grant match. Funding is available to
cover our expenses in the Beach Erosion Control Fund.
Recommend approval authorization to submit qrant application to the
State De artment of Environmental Re ulation for consideration of a
grant in the amount of 11,000 for our Dune Revegetation project.
Item No. 35 Grant Application - After School Care Program. Staff is
requesting authorization to submit a grant application to the
Children's Service Council for funding in the approximate amount of
$160,000 to fund our Fiscal Year 1990/91 afterschool programs.
In previous years, we have received over $248,000 from the Children's
Services Council to provide recreational and educational activities to
approximately 260 "latchkey" children at Carver Middle School, the
Community Center and Pompey Park.
Recommend authorization to submit grant application to the Children's
Services Council for consideration of funding for our fiscal year
1990/91 afterschool program.
Item No. 36 Acceptance of Grant- Governor's 1990 Senior Games. This
is the second year the Parks and Recreation Department is to sponsor
Senior Games for men and women 55 years and older. In November, staff
attended a Governor's Council on Physical Fitness and Sports
conference, at which time application was made to participate in the
1990 games series. We were one of the 10 Cities accepted and given a
grant in the amount of $2,000 to purchase ribbons, posters, and other
printed materials. The games will be held from March 19th through
24th and will consist of the following activities, badminton; tennis;
shuffleboard; track and field; bridge; basketball; table tennis;
race walking; swimming; and quilting.
Recommend acceptance of qrant in the amount of $2,000 and authorize
staff to participate in the Governor's 1990 Senior Games series.
Item No. 37 Authorization to Submit Grant Application. This is a
request from staff for authorization to submit a grant application for
matching to the State Department of Environmental Regulation's Coastal
Management Grants Division for funds approximating $7,495 to support
our Sea Turtle Conservation Program. This application is consistent
with policies adopted in our Comprehensive Plan.
Our Turtle Conservation program was started in 1984. This program
enhances the hatchling success rate on our urban beach. Spillage from
artificial light sources, beach cleaning operations, and pedestrian
traffic, all threaten unprotected sea turtle nests. Our program has
been very successful in enhancing their chances for survival using
education and conservation methods. This is a 50/50 match grant. Our
projected costs for Fiscal Year 1990/91 is $14,990. Funding is
available to cover our expenses in the Beach Erosion Control Fund.
Recommend authorization to submit grant application to the State
De artment of Environmental Re ulations for fundin in the amount of
7 495 to su ort our Sea Turtle Conservation Pro ram.
Item No. 38 (Resolution No. 10-90) A Resolution assessing costs for
abatement action required to board up an unsafe structure at 710 Bond
Way. The Resolution sets forth the actual costs incurred and provides
- 9 -
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AGENDA REPORT
M~eting of 2/13/90
the mechanism to attach a lien on this property in the event the
assessment of $1,243 remains unpaid.
Recommend approval of Resolution No. 10-90 assessing costs for
boarding up an unsafe building within the City.
Item No. 39 (Resolution No. 11-90) A Resolution assessing costs for
abatement action required to demolish an unsafe structure at 119 N.W.
4th Avenue. The Resolution sets forth the actual costs incurred and
provides the mechanism to attach a lien on this property in the event
the assessment of $1,760 remains unpaid.
Recommend approval of Resolution No. 11-90 assessing costs for
demolishing an unsafe building within the City.
Item No. 40 (Resolution No. 12-90) A Resolution assessing costs for
abatement action required to demolish an unsafe structure at 206 S.W.
2nd Avenue. The Resolution sets forth the actual costs incurred and
provides the mechanism to attach a lien on this property in the event
the assessment of $2,640 remains unpaid.
Recommend approval of Resolution No. 12-90 assessing costs for
demolishing an unsafe building within the City.
Item No. 41 (Resolution No. 13-90) A Resolution assessing costs for
abatement action required to remove nuisances on four properties
located throughout the City. The Resolution sets forth the actual
costs incurred and provides the mechanism to attach a lien on these
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 13-90 assessing costs for abating
nuisances on four properties within the City.
Item No. 42 (Resolution No. 14-90) A Resolution assessing costs for
abatement action required to remove 12 junked vehicles located on
properties throughout the City. The Resolution sets forth the actual
costs incurred and provides the mechanism to attach a lien on these
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 14-90 assessing costs for
removing junked vehicles on properties within the City.
Item No. 43 (Resolution No. 15-90) A Resolution assessing costs for
abatement action required to remove nuisances on 26 properties located
throughout the City. The Resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on these
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 15-90 assessinq costs for
removinq nuisances on 26 properties within the City.
Item No. 44 (Resolution No. 16-90) A Resolution objecting to Palm
Beach County's proposed repeal of Ordinance 72-8 which currently
provides funding by Palm Beach County to the municipalities for school
crossing guards.
Recommend approval of Resolution No. 16-90.
Item No. 45 AWARD OF BIDS AND CONTRACTS:
A. Phase IIIb, Stormwater Utility Fee- Engineering- Gee & Jenson
Engineers to finalize the storm water fee rate, develop and
implement schedule, and preparation of the necessary ordinance,
in the amount of $29,000 with funding from General Fund
Engineering Services (Account No. 001-2911-519-33.11).
- 10 -
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AGENDA REPORT
Meeting of 2/13/90
B. Landscape Maintenance Service- N.E. 8th Street (Between N.E.
5th Avenue and A-1-A) and West Atlantic Avenue (Between Swinton
Avenue and I-95 Interchange)- America's Pros in the amount of
$24,605 with funding from Beautification Trust Fund Maintenance
Contracts (Account No. 119-4144-572-33.49).
C. Hurricane Shutters- Pompey Park and Community Center- Folding
Shutter Corporation in the amount of $25,868 with funding from
Parks and Recreation Lapsed 1988-89 Funds.
D. CDBG Housing Rehabilitation Grant Award- 122 S.W. 7th Avenue-
Abisset Corporation in the amount of $14,960 with funding from
CDBG Block Grant Housing Rehab (Account No. 118-1963-554-60.23).
E. Liquid Chlorine- Annual Contract- PB&S Chemical in the
approximate amount of $69,000 with funding from Water and Sewer
Water Treatment Chemical (Account No. 441-5122-536-35.18).
F. Irrigation System- Memorial Gardens Cemetery- Triple A
Irrigation in the amount of $12,868 with funding from Cemetery
Capital Outlay Other (Account No. 428-4511-539-60.89).
Item No. 46 Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
- 11 -
'-,
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~ITY OF DELAAY BEA£H
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WHEREAS, the Visiting Nurse Association of Palm Beach
County, Inc. , is celebrating 45 years of comprehensive, high
quality health care for all citizens of Palm Beach County; and,
WHEREAS, members of the Visiting Nurse Association are
an important component of the health care network, offering
physical, speech and occupational therapy; social services;
specialized nursing services; health counseling; case management;
and personal care; and,
WHEREAS, the Visiting Nurse Association prescribes to
the concept that every individual has the right to the highest
standard of home health care essential to the improvement of
physical, mental and social conditions without regard to race,
religion, economic or social status,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim 1990 as the 45th
anniversary of the Visiting Nurse Association of Palm Beach
County, Inc.
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 13th day of February, 1990.
MAYOR
DOAK S. CAMPBELL
SEAL
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[ITY DF DELRAY BEA[H
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ATLANTIC LODGE #217 KNIGHTS OF PYTHIAS
~'¡HEREAS, on February 19, 1864, the Order Knights of
Pythias was founded by Justus H. Rathbone of Deerfield, New York;
and,
WHEREAS, amid all the strife, suffering and turmoil
which prevailed during the Civil War, Mr. Rathbone, a Federal
civil servant, recognized a crying need for an organization whose
cardinal principles would be "Toleration in religion, Obedience to
law and Loyalty to government"; and,
WHEREAS, when President Abraham Lincoln learned of the
Order's Rituals and Teachings, he heartily endorsed them and
advised the fledgling Knights of Pythias to apply to the United
States Congress for a charter and establish itself nationally;
and,
WHEREAS, on May 5, 1870, the Supreme Lodge, Knights of
Pythias was incorporated by Congressional Enactment and thus
became the first fraternal order in the United States to be so
chartered; and,
WHEREAS, to this day, there are Pythian lodges through-
out the United States and in parts of Canada. In adhering to the
practice of Friendship, Charity and Benevolence, the Knights of
Pythias has constantly been involved in civic and community
activities, supporting Little Leagues, extending charity and moral
assistance to the needy, handicapped and underprivileged, and
expanding the furtherance of education through its scholarship
programs; and,
WHEREAS, on February 19, 1990, the Knights of Pythias
will be celebrating their one hundred and twenty-sixth
anniversary,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the day of February
19, 1990, as
"PYTHIAN FOUNDERS DAY"
in Delray Beach, Florida, in recognition of this milestone in the
Order Knights of Pythias.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 13th day of February, 1990.
MAY 0 R
DOAK S. CAMPBELL
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BOYNTON-DELRAY LODGE #206 KNIGHTS OF PYTHIAS
WHEREAS, on February 19, 1864, the Order Knights of
Pythias was founded by Justus H. Rathbone of Deerfield, New York:
and,
WHEREAS, amid all the strife, suffering and turmoil
which prevailed during the Civil War, Mr. Rathbone, a Federal
civil servant, recognized a crying need for an organization whose
cardinal principles would be "Toleration in religion, Obedience to
law and Loyalty to government": and,
WHEREAS, when President Abraham Lincoln learned of the
Order's Rituals and Teachings, he heartily endorsed them and
advised the fledgling Knights of Pythias to apply to the United
States Congress for a charter and establish itself nationally:
and,
WHEREAS, on f.1a y 5, 1870, the Supreme Lodge, Knights of
Pythias was incorporated by Congressional Enactment and thus
became the first frate1'nal order in the United States to be so
chartered: and,
WHEREAS, to this day, there are Pythian lodges through-
out the United States and in parts of Canada. In adhering to the
practice of Friendship, Charity and Benevolence, the Knights of
Pythias has constantly been involved in civic and community
activities, supporting Little Leagues, extending charity and moral
assistance to the needy, handicapped and underprivileged, and
expanding the furtherance of education through its scholarship
programs: and,
WHEREAS, on February 19, 1990, the Knights of Pythias
will be celebrating their one hundred and twenty-sixth
anniversary,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the day of February
19, 1990, as
"PYTHIAN FOUNDERS DAY"
in Delray Beach, Florida, in recognition of this milestone in the
Order Knights of Pythias.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 13th day of February, 1990.
MAY 0 R
~ DOAK S. CAMPBELL
-
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.
flTY OF DELAAY BEA[H
~ .-~
.
WHEREAS, our community has a continuing sense of grati-
tude to those disabled veterans who did so much to preserve the
American way of life; and,
WHEREAS, the Disabled American Veterans has worked
exclusively for the welfare of our disabled veterans; and,
WHEREAS, the Disabled American Veterans offer free
service to disabled veterans and their families in filing claims
for government benefits and assists disabled veterans with medi-
cal, employment and other problems; and,
WHEREAS, the Disabled American Veterans meet emergency
situations which may arise in the family of a disabled veteran,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the week of February
10 - 19, 1990, as
"DISABLED AMERICAN VETERANS WEEK"
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 13th day of February, 1990.
MAY 0 R
DOAK S. CAMPBELL
SEAL
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Office of the Mayor ,
btrta~: on Friday, January 26, 1990, at
approximately 1:05 P.M., a 76 year old woman was robbed and
assaulted in the alley at the rear of the Colony Hotel at
525 East Atlantic Avenue, Delray Beach7 and,
WHEREAS, the victim, a Delray Beach resident, was
walking in the alleyway when she was confronted by the
perpetrator who grabbed her purse and proceeded to pull and
swing the victi~ to the ground until the purse finally came
free. The victim received a laceration to the forehead and
possibly a broken wrist7 and,
WHEREAS, as the perpetrator was attempting to flee
from the area, a passing motorist, MR. THEODORE BAXTER of
Delray Beach, observed the perpetrator fleeing with the
victim's purse and began chasing him. The perpetrator was
apprehended 1 1/2 blocks from the scene of the robbery and
detained until police officers arrived.
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the
City of Delray Beach, Florida, on behalf of the City Commis-
sion of the City of Delray Beach, do hereby commend and
honor THEODORE BAXTER for hi s heroic actions which were in
the highest and best traditions of outstanding community
service.
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 13th day of February, 1990.
MAYOR
DOAK S. CAMPBELL
SEAL
lD€
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Office of the Mayor
btrta~: on Friday, January 26, 1990, at
pproximately 1:05 P.M., a 76 year old woman was robbed and
assaulted in the alley at the rear of the Colony Hotel at
525 East Atlantic Avenue, Delray Beach7 and,
WHEREAS, the victim, a De lray Beach resident, was
walkinq in the alleyway when she was confronted by the
perpetrator who qrabbed her purse and proceeded to pull and
swing the victim to the ground until the purse finally came
free. The victim received a laceration to the forehead and
possibly a broken wrist7 and,
WHEREAS, as the perpetrator was attemptinq to flee
from the area, MR. CHARLIE KENNEDY of Delray Beach joined in
the pursuit and the perpetrator was apprehended 1 1/2 blocks
from the scene of the robbery and detained until police
officers arrived. While attemptinq to detain the perpetra-
tor, Mr. Kennedy sustained a back injury and was transported
to Bethesda Hospital for treatment,
NOW, THEREFORE, I, DOAK S . CAMPBELL, Mayor of the
City of Delray Beach, Florida, on behalf of the City Commis-
sion of the City of Delray Beach, do hereby commend and
honor CHARLIE KENNEDY for his heroic actions which were in
the highest and best traditions of outstanding community
service.
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 13th day of February, 1990.
MAYOR
DOAK S. CAMPBELL
SEAL
~p
~1TY DF DELAAY BEA[H-
,
WHEREAS, the Charter of the City of Delray Beach,
Florida, provides for the calling of a First Nonpartisan Election
for the purpose of electing officers of the Ci ty and such other
purposes as the Commission may prescribe~ and,
WHEREAS, pursuant to said Charter provisions, it is
provided that a First Nonpartisan Election shall be held on the
second Tuesday in March of each year,
NOW, THEREFORE, I, DOAK S. CAMPBELL, III, Mayor of the
City of Delray Beach, Florida, do hereby call for such nonpartisan
election to be held on Tuesday, March 13, 1990, between the hours
of 7:00 A.M. and 7:00 P.M. , with all the Precincts and Polling
Places in the City of Delray Beach, Florida, as designated by the
Supervisor of Elections for Palm Beach County, Florida, being as
follows:
Precinct No. Polling Place
166 & 166A Delray Community Center, 50 N.W. 1st Avenue
166B Pines of Delray North Clubhouse, 1641 N.W. 18th Ave.
166C Country Manors Clubhouse, 4900 Country Manors Blvd.
170 St. Vincent Ferrer's Church, 740 Palm Trail
171 Delray Community Center, 50 N.W. 1st Avenue
171A Fire Station '4, Northeast Corner of Barwick Road
and Lake Ida Road
172 Pompey Park Recreation Center, 1101 N.W. 2nd Street
173 Carver Middle School, 301 s.w. 14th Avenue
174, 174B Delray Beach Mall, Northwest Corner of Federal
& 176 Highway and Linton Boulevard
174A Sun Sentinel Building, 3333 South Congress Avenue
175 Delray Lions Club, 115 S.E. 4th Avenue
176A Linton Promenade, 5130 Linton Boulevard (Community
room at west end of complex)
178 Boca Raton/Delray Beach Gold Coast Church of Christ,
640 Bluebird Drive
179 Pines of Delray Clubhouse, 2451 Black Olive Blvd.
189 & 190 Adult Recreation Center, 801 N.E. 1st Street
All qualified electors of the City of Delray Beach,
Florida, shall be qualified to vote in such election.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 13th day of February, 1990.
MAY 0 R
DOAK S. CAMPBELL
SEAL
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CITY DF DELIAY BEA£H-
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WHEREAS, pursuant to the Constitution, applicable laws
of the State of Florida, the City Charter and the Code of
Ordinances of the City of Delray Beach, Florida, the City
Commission has by Resolution authorized a Special Election to be
held on Tuesday, the 13th day of March, 1990; and,
WHEREAS, the purpose of calling a Special Election is to
determine whether the City shall have the authority to sell the
Central Fire Station property located at 101 West Atlantic
Avenue, Delray Beach, Florida,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby call a Special Election to be
held on Tuesday, March 13, 1990, between the hours of 7:00 A.M.
and 7:00 P.M., with all Precincts and polling Places in the City
of Delray Beach as designated by the Supervisor of Elections for
Palm Beach County, Florida, being as follows:
Precinct No. Polling Place
166 & 166A Delray Community Center, 50 N.W. 1 s t Avenue
l66B Pines of Delray North Clubhouse, 1641 N.W. 18th Ave.
166C Country Manors Clubhouse, 4900 Country Manors Blvd.
170 St. Vincent Ferrer's Church, 740 Palm Trail
171 Delray Community Center, 50 N.W. 1st Avenue
171A Fire Station .4, Northeast Corner of Barwick Road
and Lake Ida Road
172 Pompey Park Recreation Center, 1101 N.W. 2nd Street
173 Carver Middle School, 301 S.W. 14th Avenue
174, 17 4B Delray Beach Mall, Northwest Corner of Federal
& 176 Highway and Linton Boulevard
174A Sun Sentinel Building, 3333 South Congress Avenue
175 Delray Lions Club, 115 S.E. 4th Avenue
176A Linton Promenade, 5130 Linton Boulevard (Community
room at west end of complex)
178 Boca Raton/Delray Beach Gold Coast Church of Christ,
640 Bluebird Drive
179 Pines of Delray Clubhouse, 2451 Black Olive Blvd.
189 & 190 Adult Recreation Center, 801 N.E. 1st Street
All qualified electors of the City of Delray Beach,
Florida, shall be qualified to vote in such election.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 13th day of February, 1990.
MAY 0 R
DOAK S. CAMPBELL
SEAL
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(X~,:):~~;'J~r-F. NO, 3-90 ,
~ ORDIN>.NCE OF THF, C!'t"{ COMMI~S!ON 01" THE CITY' O?
DELRAY BEAC:H, FLOR:D~. , M1ENt)ING TITLE IX, " GENERAL
REGUI,ATIONS" , CHAPTER 1 0 2 , " STREETS AND SIDEWALKS" ,
OF THE CODE OF ORj)INANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY ENACTING A NEW SUBCHAPTER,
"SIDEWALK CAFES" AND ENACTING A NEW SECTION, 102.60,
"DEFINITIONS", TO PROVIDE FOR DEFINITIONS; BY
ENACTINf} A NEW SECTION 102.61, "PERMIT REQUIRED", TO
PROVIDE FOR PERMITTING OF SIDEWALK CAFES; BY
ENACTING A NEW SECTION 102.62, "PERMIT FEES", TO
PROVIDE. FOR A PF~IT FEE OF FIFTY ($50) DOLLARS PER
YEAR TO, BE PAID CONCURRENT WITH THE RENEWAL. OF J\N
OCCUPATIONAL LICENSE; BY ENACTING SECTION' 102.63,
"PERMIT SUBMISSION I REQUIREMENTS", TO PROVIDE· FOR
SUBMISSION ' OF PROOF OF AN OCCUPATIONAL L~CENSE, -
CERTAIN ,SITE PLAN RE'QUIREMENTS', PROOF OF INSURANCK
AND HOLD-HARMLESS AGREEMENTS AT THE, TIME OF APPLI.CA-
TION . FOR A PERMIT; BY ENACTING SECTION. 102.64,
"PROCESSING· OF APPLICATION", TO PROVIDE FOR', REVIEW
BY THE CITY ENGINEER AND TECHNICAL ADVISORY
COMM'LTTEE AND THE !MPOSITION OF RESTRICTIONS, AND
CONDITIONS; BY ENACTING SECTION 102.65, "GEOGRAPHIC"
LIM1TATION", TO PROVIDE THAT PERMITS SHALL, BE ,ISSUED
IN THE, CENTRAL EUSINESS. DISTRICT (CBD)- ONLY; BY
ENACTING SECTION 102.66/ "REGULATIONS GO~G THE'
USE, DESIGN AND MAINTENANCE OF SIDEWALK ¡CAFES", TO
PROVIDE FOR LOCATIONAL REQU!REMENTS, SIGNAGE, THE
SERVING OF ALCOHOLI~ BEVERAGES, HOURS OF OPERATIUN,
APPF..ARANCE, 1\ND SAFETY RESTRICTIONS", BY ENACTING
SECTION 1Q2.67, "t.IABIl.ITY AND INSURANCE',' , TO
PROVIDE SPECIFICS ON INSURANCE, HOLD HARMLESS AND
INDEMNiFICATION REQUIREMENTS i BY ENACTING· SECTI.ON
102.68!, "DENIAL, REVOCAT!ON OR SUSPENSION OF PERMIT;
REMOVAL AND STORAGE FEES; CONCURRENT' JURISDICTION OF
CODE ENFORCEMENT BOARD", TO PROVIDE FOR SUSPENSION,
DENIAL, OR REVOCATION OF A PERMIT BY THE CITY
MANAGER OR HIS/HER DESIGNEE UPON NOTICE I IN NON-
EMERGENCY SITUATIONS; TO PROVIDE FOR RF.MOVAL, AND
STORAGE FEES IF THE PERMITEE FAILS TO REMOVE THR
VESTIGES OF THE SIDEWALK CAFE, TO PROVIDE THAT
APPEALS OF THE ORDER OF THE CITY MANAGER ARE TO THE,
CITY COMMISSION, TO PROVIDE THE CODE ENFORCEMENT
BOARD WITH CONCURRENT' JURISDICTION BUT ONLY TO MAKE
FINDINGS OF GUILT AND TO ASSESS FINES FOR NONCOMPLI-
J\NCB ; BY ENAC't'ING SECTION 102.69, "APPEALS"- , TO
PROVIDE THAT' APPEALS OF AN ORDER OF THE CITY MANAGER
OR HIS/HER DESIGNEE SHALL BE. TO THE CITY COMMISSI.ON
AND AP'PEALS 'FROM THE CODE ENFORCEMEl;T BOARD SH1ü.L BR
TO THE CIRCUIT' COURT, TO PROV¡DE FOR NOTICE AND TIME
FOR THE APPEAL, TO PROVIDE THAT FILING Þ.N -- APPEAL
SHALL NOT STAY THE ORDER OF THE , CITY MANAGER;
PROVIDING À· SAVING CLAUSE; PROVIDING, A GENERAL
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE !T ORDAINED BY THE CITY COMMISSION- OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Ti t1e IX, "General Regu.la,tions", Chapter 102,
"Streets and Sidewalks" of the Code of Ordinances of the, City of . Delray
~
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Beach, Florida, be and the same is hereby amended by ena\: ting. a·· new
subchapter, "Sidewalk Cafes" and section 102.60, "Definit.ionsl~ , to. read
as follClws':
SIDElflALK CAFES
102.60. Definitions
For the purpos"? of this subchapter, the following definitions
shall apply unless the· context clearly indicates· or requires a different
. meaning.
"Person". A person, corporation, partnership or other lega~
entity.
"Sidewalk". That portion of the right-of-way betwee~ the edge
of the :r.oadway and the adjacent property line provided for
exclusive or primary use by pedestrians.
"Sidewalk Cafe". A group of tables and chairs . and permitted
decorative and accessory de'li ces situat-ed and. maintained' upon
the sidewalk used for the consumption of food and be.verages
sold to the public from or in an adjoining. business.
Sec.tion 2. .That. Title IX, "General. Regulat:ions", Chapter 102,
"Streets and Sidew~lks" of the Code of Ordinances.c{f;. the' City of Delray
Beach, Florida, be, and the sarne is hereby amended. by enacting:. a new
Section 102.61, "Permit Required", to read as follows:
102.61 Permit Required
I
It Shafl be. unlawful for any person. to establi.sh a sidewalk
cafe at any sit unless a valid permit to operate a· sidewalk cafe· has
been obtained for that site, from the·City pursuant to this subchaptex:.
The permit shall 'be requested on a form which shall be provided by the
City Engineer. upon request. No permit shall issue until. all the
requirements. of this subchapter have been met. Pem ts shall DO.t be
transferable.. Permits shall. not be transferrable to other sites or
locations.
Section 3. That Title IX, "General Regul.a.tionsU, ChapteI: 102,.
11 Streets' and Sidewalks", of t)'le Code of Ordinanc.es.of. the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting. a new
Section 102.62, "Permit Fee'!, to read as follows:
102.62 Permit Fee
An application fee of fifty dollars ($50.00) shall accompany a
permit request. Thereafter, an annual. fee of fifty dollars ($.50.00)
shall be paid concurrent with the renewal of an occupational license. for
the business ·which holds the permit.
Section 4. That Title IX, "General Regulations", Chapter'102,
"Streets and Sidewalks", of the Code of Ordinances of the City of Delray
Beach, Flori.da, be, and the same is hereby amended by enacting Sect-ion
102.63, "Permit Submission Requirements", to read as follows:
102.63 Permit Submission Requirements.
In addition to the required permit application and permit fee,
the following must be provided at the time the application is submitted.
( A) A copy of a valid occ~pational. license.
2
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{ B} Si.l:c p::"an .:>£ the area between the store· front and vehicu-
lar trave: surface, draw!l to a minimum scale of (One
fourth inch ~quals one· foot) which shows:
( 1 ) Tha store front and all openings. (doors, windows).
( 2) The location of curb, sidewalk, and any utility
pol~.s: f ire hydrants, 1andscaping, or other items,
',oJ :. thi n the right-of ··way and private property,
between the -::u:rb 3<!ld the·store·front.
( 3) The location of any of the above items which are
',..¡ithin six feet: (6') of the ends of the proposed use
area; and the location of parking spaces: (or use of
the street) adjacent to the proposed use area.
( 4) Clear delineation of the boundary between private
property and the right-of-way.
(5 ) Delineation of "clear pathways" and "clear dis-
tances" as required by Sections 102.66(E) and (F),
of this subchapter.
(6) Proposed location of chairs, tables, and other
private features. /
(7) Photographs· and/or manU£acturer. brochures.. depicting
the chai'ts, table, wnbrellas and.. other private
features including, but not limited to, lighting'to
be used in the proposed sidewalk cafe area.
(C) ploof of_ Insurance
(D) Hold Harmless Agreement in a form acceptable to the City.
Section 5, That Title IX, "General Regulations", Chapter' 102,
"Streets and Sidewalks", of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended by enacting Section
102.64 to read as follows:
102.64 Processing of the Application
The City Manager or his/her designee shall review the permit
application for compliance with this subchapt-er and issue permits
accordingly. The applicant may appeal the City Manager's denial of the
issuance of a permit pursuant to Section 102.69.
Section 6. That Title IX, "General Regulations", Chapter 102,
"Streets and Sidewalks", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting' a new
Section 102.65, "Geogra.phic Limitation", to read as. follows.
102.65 Geogra~hic Limitation
A permit. for a sidewalk cafe shall be issued only within the
Central Business District (CBD) zoning district designation.
Section 7. That 't'i tlp. IX, "General Regulatlons", Chapter 102,
"Streets and Sidewalks", of the ~ode of Ordinances of the City of'Delray
Beach, Florida, be, and the· sarne is hereby amended by enacting. a· new
3
ORD. NO. 3-90 . ;~,. .> " .. . .
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Section 102.66, "Regulations GrJ··/errjing the Use, Design, and. Maintenanc.:e
of Sidewalk Cafes", to read as follows:
102.66 Regulations Governing the Use, Design and Maintenance
of Sidewalk Cafes
( A) A sidewalk cafe shall only be established in conjunction
with a legally ~stdblishcd restaurant and/or takeout food
store, wher'e the food product is prepared~ processed, or
assembled nn the premises (for example: deli, ice cream
store, sandwic.:h shop).
(B) A sidewalk cafe may only be established in front of the
business with which it is associated.
( C) Alcoholic beverages may be consumed, at a sidewalk cafe.
(D) The use of the tables and. chairs at a sidewalk cafe shall
be only for the customers of the adjacent business.
(E) :A clear pathway with a minimum width of' five. feet ( 5' )
shall be maintained for through· pedest~ian traffic. A
greater wid.th may be required as a condition of
approval.
l . .
( F) A clear distance with· a minimum of,.ive. feet (5'·) shall.
be, provided from any alley, crosswa k, fire. hydrant, or
similar situation. A greater clear' distance' may' be
required as a condition of approval. ,
(G) There shall be no signs. or advertising other than; a menu
~ard; previously approved, business, signs; 1090$·· (other
an the name of the business) upon. table umbrellas; as
otherwise allowed and permitted through the. sign code.
(H) Use area and/or seating capacity realized through a
sidewalk cafe use and contiguous outdoor. dining areas
shall not envoke provisions of the zoning code as they
pertain to parking or other matters.
(I) Food may be carried to tables by patrons or served by a
table waiter. Food shall not be prepared in the sidewalk
cafe area :nor shall there be a waiting area or a
reservation/seating station within the sidewalk cafe
area.
( J) Hours ~f '~perd tion shall be the same as the associated
businesses.
(K) The permi t may be suspended upon written notice of the
Ci ty Manager 0r his/her designee· of the sidewalk cafe,
and removal may be ordered by the City when necess-ary to
to cleat:' sidewalk areas for special events i· or· when
utility I·epai:t·s necessit.ate- such action. . The- City
however, may immediately remove or relocate all or paz:ts
of. tne sidewalk cafe or order said'removal or relocation
in emergency situations, without written. notice.
(L) Tables, chairs, umbrellas and any other. objects provided
with the sidewalk cafe must be remoyed from the sidewalk
following the close of business operations each:. day.
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( M) Tdl.~..:~, =~lc.l_.LS, \,;ù!'..:n~llas, and any otbe:l: objects provided
vï~thin ~ ~idewalk c~fe shall bemaintained,in a clean, and
~~trac:t;i"e manner and shall be in good repair at all
times, en3urltlg a tidy and neat appearance.
(N) The side'Ñalk. area, covered by the permit, shall be
ma1.nt-a:'ned in a neat and orderly manner' at all. times and
the area shall be cleared of all debris on a· periodic
bases during the day and again at the close·· of. each
business day, ens'..lri.ng I'l tidy appearance.
(0 ) No tables, =hai.l's, or any other part of sidewalk cafes
shall be :=,,':.tached, chained, or in any manner affixed to
any tree, post, ~ign or other fixtures, curb or sidewalk
within or near the permitted area.
Section, 8. That Title IX, "General Regulations", Chapter 102,
"Streets and Sidewalks", of the Code of Ordlnances of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
Section 102.67, "Liability and Insurance", to read. as follows:
102.67 "Liability and Insurance
(A) Prior to the issudnce of a permit, the applicant shall
furnish a signed statement that the permitee shall hold
harmless the City, i.tf> of.f icers and employees· and. shall
indemnify the City, its officer..:o .1nd employees from any
claims for damages to property or injpry to persons whi.ch
may be occasioned by any activity starr.ied. on under the
terms of the permit.
( B) Permit-::e sh.3.ll fur'nish iIlsu.c:t.nce and insurance certifi-
cat.e and ma inta~.n ml c h public liability, food products
liability, and proþcrty damage insurance from all claims
, aqd damages to property or bodi.ly ir.1jury / including
d¢ath, which may ar ise from operations under the permi t
or in connection therewith. Such insurance shall provide
coverage of not less than three hundred thousand' dollars
($300,OOO) for bodily injury, and property damage respec-
tively, per occurrence. Such insurance· shall name the
City, its offic~J:s and employees as additional insu~eds
and shall further provide that the policy shall not
terminate or be cancelled without thirty (30) days
written.noti~e to the Ci~y.
Section 9. That Title IX, "General Regulations", Chapter 102,
"Streets and_ Sidewalks", of the Code of Ordinances of· the City of Delray
Beach, Florida, be, and the same is hereby amended Ì:Jy enacting a new
Section 102.. 68, "Denial, Revocation, or Suspension' of Permit; Removal
and Storage'Fees; Emergencies", to read as follows:
102.68 Denial, Revocation, or Suspension of Permit;
Removal and Storage Fees; Concurrent Jurisdiction,of the
Code Enforcement Board
( A) The City Manager or his/her' designee- may deny;
revoke, or suspend a permit of any sidewalk cafe in
the City if it is found that:
( 1 ) Any necessary business or health permi t has
sither been suspended, revoked, or cancelled or
has lapsed.
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l~~cr;.bed t~ Section 102.67 of this subchapter.
(3) :hdnging conditions of pedestrian or vehicular
~ra~fic caU3e congestion necessitating removal
'Jf tn~ s idewRlk. r:afe, in order to avoid danger
::Jchc health, safety or general welfare of
98de~tlians ~r vehic~lar traffic.
'. ,~ ~ 'T'~-''''! p~nni. tee has fa iled to correct violations
:Jf t:l':"S s'J.bchapt8r or conditions of permitting
.:. '~hir thl'~e (?) days of receipt of written
Tìo~ice of Sñ.me.
(B) The::i ty may remo'/c Jl" relocate or Ql'der the r~rnoval
or r~loc~~ion of tables and chairs and other
'l'2St i.·~es of t1ì~ :; i..:ì"!·oJ;: lk cafe and a reasonable fee
charged for labor, transportation, and storage,
should the permitee fail to remov~ said items within
thirty-six (36) hours of receipt of the written
no:lce from the City Hanáger ordering removal or
relocation. How~ver, in the event of an emergency,
no wrLtten notice of relocation or removal shall be
give.) and relocation and/or removal shall commence
immediat'_"l v.
- I
(C) The permitee may appeal the lorder of the City
Manager pursuant to Section 102.69.
(D) The Code Enforcement Board shall have concurrent
jurisdiction over violations of this subchapter, but
may only assess fine3 for noncompliance with the
/ requirements of this subchapter.
SectioIi 10. That Ti tle IX, "General Regulations", Chapter
102, "Streets and Sidewalks", ':1f the Code of Ordinances of the City of
Delray Beach, Florida, be, ~nd the same is hereby amended by enacting a
new Section 102.69, "Appeals", to read as follows:
102.69 Àp~eals
(A) Appeals of the decision of the City Manager or
his/her de~ignee shall be initiated within ten (10)
days ·::>f a :,erMit denial, revocation, or, suspension,
~r of an order of removal or relocation by filing a
written ~o~ice of appeal with the City Manager.
(B) The City ~anager shall place the appeal on the first
available regula_r City Commission agenda. At the
hearing on app~al, the City Commission shall hear
and determine the appeal, and the decision of the
! Ci ty Con'u'1ii.ssion shall be final and, effective immedi-
ately.
(C) The filin,:r :)f a Not.ice of Appeal by a permitee shall
not stay an ot'd~r of the City Manager or his/her
designee regarding the suspension, revocation,
d¿nial of the permit or the relocation or removal of
the ve~tiges of the sidewalk cafe. Vestiges of the
sidewalk cafe shall be removed as set forth in this
subchapter, pending disposition of the appeal and
the final decision of the City Commission.
6
ORD. NO. 3-90
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( D) Appeals fr·:>m the decision of the Code Enforcement
Bo~r.d sh~ll be to the Ci t'cui t Court and not to the
::i t:¡' ':ommis;5.l.on.
Section ll. That Sh81.11d an:l section or provision of this
ordinance or any portion t.hereof I :my paragraph, sentence, or word be
declared by a Court of competent j "011' i.sdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole ~r part there~f other than ~~e part declared to be invalid.
Sa::~:'on 12. That all ordinances or parts of ordinances in
conflict herewith b~ and the same are hereby repea.led.
Section 13. That this ordinance shall become effective ten
(10) days from its passage upon second and final reading.
PASSED AND ADOPTED ir. regular session on second and. final
reading on this the day of . 1990.
11 A Y 0 R
AT't'EST:
City Clerk I
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Second Reading
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£IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET. SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243· 7090 TELECOPIER 407/2784755
MEMORANDUM
Date: February 8, 1990 ~
To'. City Commission 1 ~
From' Jeffrey S. K1Ut z, Assist.ant City Attorney
Subject: Sidewalk Cafe Ordinance
Pursuant to t:hC! direction of the City Commission at the
February 6, ,1990 workshop meeting, changes were made the
language of Section 102.61 to tie the permit to a specific site
rather than to a person as defined in Section 102.60. In
Section 102.64 and throughout the ordinance., all reference to
approvals by anyone other than the City Manager or his designee
have been removed, and Section 102.66, previous subsection (L)
has been removed, as that dealt with aesthetic matters which
the Commission determined would be wi thin the purview of CAB,
however, it was not desired to have CAB review these appli-
cations and a new Section (L) requiring tables and chairs to be
removed at the close of business each day has been inserted.
If you should have any questions concerning the ordinance or
these specific changes, please do not hesitate to contact our
office.
JSK:sh
Attachment
cc: Malcolm T. Bird, Interim City Manager
David J. Kovacs, Director of Planning and Zoning
Cheryl Leverett, Administrative Assistant III
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: QON MACGREGOR, CITY CLERK
FROM: I~J ~~~~SCTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: JANUARY 26, 1990
SUBJECT: SIDEWALK CAFE -- SCHEDULING FOR A CITY COMMISSION
WORK SESSION
The Planning and Zoning Board has forward the substance of a
sidewalk cafe ordinance to the City Commission with its
recommendations. A draft ordinance is being prepared by the City
Attorney's Office. Because of the scope of the' ordinance and of
a particular problem with respect to the consumption of alcoholic
beverages, it is suggested that the item be workshopped prior to
appearance of the enacting ordinance on a regular agenda. The
consideration of sidewalk cafe regulations has been a priority of
the Commission.
Attached is the working document from which the Planning and
Zoning Board made its recommendation. For ease of understanding,
I have shown the changes which the Board made to the staff draft.
These changes highlight the areas of potential controversy.
They include:
* allowing consumption of alcoholic beverages on a public
sidewalk
-- the Police Department has' voiced a concern with
allowing consumption and they point out that
consumption on a sidewalk is currently prohibited
by Code. Of course, the Code can be changed to
allow an exception for a permitted sidewalk cafe.
* imposition of a fee: the Board recommended a $ 50.00
processing fee and an annual fee of $ 50.00.
-- the DDA had requested that their be no fees;
others have argued that there is a value to
increased use area and that imposition of a fee is
appropriate; however, a high fee e.g. $5 - $10 per
sq. ft. was rejected.
* not requiring imposition of zoning code requirements
for that portion of the sidewalk cafe which is on
pUblic property and not requiring parking for the
sidewalk cafe or any contiguous outside dining/eating
area which may be on private property.
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T<.;.: Allison MacGregor. City Clerk
/ Re: Sidewalk Cafe -- Scbeduling for a City Commissioo
Work Sesseion
January 26, 1990 .
Page 2
I suggest that the above three items be the initial focus,of the
workshop discussion and then comment on any other aspect of the
proposed ordinance. Please note that the P&Z Board did not
address legal matters which are being prepared through the City
Attorney's Office. The City Commission may have conunents on
those matters.
DJK/dlm
Attachment:
*' markup of January 22, 1990 P&Z documentation materials
*' draft ordinance to be furnished by th~.City Attorney
copy without attachments:
John Elliot~Assistant City Manager for Management Services
Herb Thiele, City Attorney
Susan Ruby, Assistant City Attorney --
Sidewalk Cafe Project File
DJK/*S8/CCSIDE.TXT .
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M E M 0 RAN DUM S T A F F R E P
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TO: PLANNING AND ZONING BOARD \ :
OF DEL RAY BEACH
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FROM: D VID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: AGENDA ITEM III. A., MEETING OF JANUARY 22, 1990
SIDEWALK CAFE REGULATIONS
ITEM BEFORE THE BOARD:
The item before the Board is that of conducting a
public hear ing , taking testimony, and then preparing a
recommendation to the City Commission with respect ~o
the topic of sidewalk cafe regulations.'
A "sidewalk cafe" is the use of public right-of-way
(the sidewalk) by having tables and chairs thereon for
the consumption of food which is obtained from an
adjacent business.
BACKGROUND:
In the fall of 1989, the City Commission raised the topic of
allowing sidewalk cafes. At first it was thought that the
subject was to deal with outdoor dining; however, upon reporting
to the City Commission that outdoor dining was allowed on private
property, clarification was provided that the topic was to focus
on use of sidewalks for such purposes. Subsequently the DDA and
CRA have endorsed the concept of allowing such a use of public
space.
The DDA provided ordinances from the City of Miami and the City
of West Palm Beach. These cities each treated the matter
cl\~W.~\~., Please refer to the "working paper/notes" which were
prepared for a January 12th worksession for a comparison of the
approach~.
Based upon discussion at the January 12th worksession and
comments from the DDA Director that the process should be as
simple as possible; from the Police and Fire Departments
regarding consumption of alcoholic beverages; and Board
direction to approach the matter on an "experimental" (trial)
basis the following parameters and requirements are proposed.
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P&Z Staff Report
Sidewalk Cafe Regulations
Page 2
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PROPOSED REGULATIONS:
Location in Code: Allow for the establishment of a '-"'sidewalk
cafe" under provisions of the Streets and Sidewalks regulations
(Chapter 102) in a new subsection.
(This allows establishment of the use by permit without
public hearing or action under standard land use procedures.
However, provisions are made for technical reviews and
approvals prior to issuance of a permit).
Definition: A group of tables and chairs, and permitted
decorative and accessory devices situated and maintained upon the
public right-of-way (sidewalk) for the use and consumption of
food and beverages sold to the public from or in an adjoining
business.
Permit Required: No person shall establish a sidewalk cafe on .
any public street or sidewalk unless such person has obtained a
valid permit to operate that sidewalk cafe in such a manner
pursuant to this sUbchapter.
A permit for "use of right-of-way" shall be obtained from the
Ci ty . Engineer. The permit shall be requested on a form which
shall be provided by the City Engineer upon request.
Submission Requirements: In addition to the required permit
application, the following must be provided at the time the
application is submitted:
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* copy of valid occupational license
* site plan of the area between the store front and vehicular
travel surface, drawn to a minimum scale of ~. _ Sir-, which
shows: ~";: I J
- store front and all openings (doors, windows)
- location of curb, sidewalk, and any utility poles, fire
hydrants, landscaping, or other item~within the
right-of-way and private propert~ between the curb and
the store front
- the location of any of the above items which are within
six feet ( 6 ' ) of the ends of the proposed use areajand
the location of parking space~(or use of the street)
adjacent to the proposed use area
- clear delineation of the boundary between private
property and the right-of-way
- delineation of "clear areas" and "through pedestrian
way"
- proposed location of chairs, tables, and other private
features
- photographs and/or manufacturer brochures depicting
the chairs, tables, umbrellas and other private
features including any lighting
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Sidewalk Cafe Regulations
Page 3
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. Permit Fee: An application fee of $50.00 sha)..! accompany a
permi t request. Thereafter, an annual fee of ....11. r ¡ Q per .b4LlJ¡l! & ~
~ae~ at ___ __~. shall be paid concurrent with the renewal of the
occupational license for the business which holds the permit.
Process: Upon receipt of a complete application, the City
Engineerl shall seek comments from the Fire Department, the Police
Department, the Building Department and others as he deems
appropriate. When comments are received, the application shall
be placed before the Technical Advisory Committee for review.
Thereafter, the City Engineer shall issue the permit subject to
conditions and restrictions as set forth in this subsection and
as ma,! _ 'be imposed by recommendation of the Technical Review
Committee.
(Note: There is no review or action by the DDA, CRA, CAB,
HPB, P&Z Board or the City Commission.)
A permit request may be denied if, in the opinion of the City
·Engineer, the conduct of a sidewalk cafe cannot be established in
a safe manner or if the proposed use will inappropriately
interfere with public needs. Any condition$ imposed by the City
Engineer may be appealed to the City Commission.
Geographic Limitation: A sidewalk cafe permit shall be allowed
only within the zoning district designation of Central Business
District (CBD)'.
(Note: This limitation shall be reviewed in 1991 and
consideration shall be given, at that time, to expansion of
the areas within which a sidewalk cafe may be allowed).
Use and Design Regulations:
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1. A sidewalk cafe.IJM!!l!lj- only be established in conj unction with
a legally established restaurant and¡'or takeout food store where
the food product is prepared, processed, or assembled on the
premises (deli, ice cream store, sandwich shop).
2. A sidewalk cafe may only be established in front of the
business with which it is associated.
3. Alcoholic beverages ~ be consumed at a sidewalk
cafe.
[Note: Besides setting a precedent for consumption of
alcohol in public places (currently prohibited by 113.02),
, the consumption of alcohol is subject to additional
locational requirements (113.16 & 113.17)]
4. The use of the tables and chairs at a sidewalk cafe shall be
for the customers of the adjacent business.
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P&Z Staff Report
Sidewalk Cafe Regulations
Page 4
Ir4e (I)
5. A clear pathway with a minimum width of ~feet shall
be maintained for through pedestrian traffic. A greater width
may be required as a condition of approval. ($)
6. A clear distance with a minimum of ~feet shall be
provided from any alley, crosswalk, fire hydrant, or similar
situation. A greater clear distance may be required as a
condition of approval.
7. There shall be no signs or advertising other than a) a menu
board; b) previously approved business signs; c) logos, other
than the name of the business, upon table umbrellas; d) as
otherwise all0ä:1 and permitted thãOUgh the sign code.
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8. Use ea and/or sating capacity realized through a sidewalk
~ cafe use shalltinvoke provisions of the zoning code as they
pertain., to parking or other matters.
9. Food may be carried to tables by patrons or served by a
table wai tar. Food shall not be prepared in the sidewalk cafe
area nor shall there be a waiting area nor a reservation/seating
station within it.
10. Hours of operation shall be the same as the associated
business.
Legal Considerations: The City Attorney's Office will provide
technical language which accommodates the following:
1. That the permit be non-transferable
2. Ability to remove, or require removal for utility work,
emergencies, and special events
3. Liability and hold-harmless provisions
4. Maintenance of chairs, tables, umbrellas, and keeping of a
good appearance
5. Ability of the City to terminate the use, basis thereof, and
appeal procedure
6. Owners responsibility for maintenance and clearing of
sidewalk
Refer to sections 54-115 (Liability and Insurance), 54-116 Form
and conditions of permit) , and 54-117 Denial, revocation or
suspension of permit, removal and storage fees, emergencies) as
set forth in the City of Miami code.
REF/DHJ#57/PZSIDE.TXT
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Defray Beach Police Department ~ @
300 West Atlantic Avenue. Delraÿ Beach, Florida 33444-3666 . ~
(407) 243-7888 Fax (407) 243-7816 C RLES G
HA KIL ORE
Chief of Police
MEMORANDUM ,
TO: David Kovacs,
Planning Director
FROM: Chief Charles Kilgore
DATE: January II, 1990
SUBJECT: CONSUMPTION OF ALCOHOL AT SIDEWALK CAFE'S
In - response tq your memo regarding the sale and consumption of
alcoholic beverages at sidewalk cafe's, there are a few concerns
I would like to bring to your attention.
In past years there has been a problem with individuals consuming
alcoholic beverages in public places, which is in violation of
City Ordinance Chapter 113.
Many of the violations consisted of individuals sitting in a
group or individually behind a business that sells alcoholic
beverages and consuming same. By permitting the consumption of
alcoholic beverages at sidewalk cafe's it may appear to discrim-
inate unfairly against certain individuals wishing to eat lunch
and consume alcohol in places other than sidewalk cafe's or in
other public areas.
This also may subsequently lead to merchants throughout the city
that sell beer, wine ånd other forms of alcoholic beverages, as
well as take out sandwiches to set up tables in front of their
businesses and operate as a sidewalk cafe'. This may include:
1. Local convenience stores
2. Auto service stations with retail food and
beverage sales
This in no way should be perceived that we are against the idea
of having sidewalk cafe's in the City of Delray Beach, however,
consideration regarding these concerns should be addressed.
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HARLES KILGOR
Chief of Police
CK:RL:vls
PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER
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31 CHAPTER 113: ALCOHOLIC BEVERAGES
Section individual serving and consuming (but not
General Provisions selling) any alcoholic beverage in hi.
home atter the closing hours e.tablished
Detini tion. herein and during the hour. .et forth
. 113.01 above.
113.02 Consumption prohibited in ('SO Code, t 3-2) Penalty, see S 113.99
public places
S 113.16 AREAS AND LOCATION WHERE SALES
Sale of Alcoholic Beverages PERMITTED.
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113.15 Bours of sale and Alcoholic beverages for consumption
consumption: exemption on the premise. may be sold in any
113.16 Area and location where sale. appropriately zoned di.trict and in
permi~ted chartered private nonprofit club. or golf
113.17 Sale near church or school course club house. except that not more
113.18 Bottle clubs: nuisance than one vendor ot malt beverage.
'113.19 Intoxicated per.on. on containing alcohol of more than 1\ by
premises where alcoholic weight for oonsuaption on the pr..i.e. or
beverages are sold one vendor of beve~age. containing
alcohol at mòre than l' by weight and not
113.99 Penalty more than 14\ by weight and wine.
regardle.. of alcoholic content for
GENERAL PROVISIONS con.uaption on the pr..i.e. .hall be
located within an~ one block fronting on
S 113.01 DEFINITIONS. a .treet nor in t e block immediately
across the street, unle.s the
The definitions as set forth in F.S. establi.hment i. a duly licensed
§ 561.01 are hereby adopted by reference. restaurant serving full course meals at
('80 Code, S 3-1) table. . Rowever, this section .hall not
apply to any' busin..._ now operating, or
, 113.02 CONSUMPTION PROHIBITED IN to the a.sign. or grantee. at any person
PUBLIC PLACES._ now operating at esLsting locations.
No alcoholic beverages shall be ('SO C9de, S 3-4) (Ord. 71-85, pa..ed
S-13-SS) Penalty, .ee S 113.99
consumed on the sidewalks, on the public
beach, in public parks, in motor vehicle. S 113.17 SALE NEAR ,CHURCH O~ SCHOOL.
or trailer., or on business property ..f
outsid.. the building unless seated at (A) No alcoholic beverage. shall be
permanent table. provided by the sold' within the corporate limits of the
business. It shall be prima facie city, at any place of business, location,
evidence that alcohol was being consumed or establishment within 300 feet of any
by any person. in possession of an open established school or church. The
container containing alcoholic beverages distance of 300 feet shall be measured as
while on the sidewalks, on the public follows:
beach, in public par ks, in motor vehicles
or trailers, or on business property (1) Pertaining to established
outside the building unless seated at schools. Three hundred feet from the
perman~nt tables provided by the business. neares~ point of the building of the
('SO Code, S 3-6) Penalty, see S 113.99 place of business, location, or
es tablishment, to the nearest point of
SALE OF ALCOHOLIC BEVERAGES the school grounds in use as part of the
school facilities.
S 113.15 HOURS OF SALE AND CONSUMPTION:
EXEMPTION. (2) Pertaining to established
churches. Three hundred feet from the
(A) Hours of sale and consumption. nearest point of the building of the
It shall be unlawful (except as provided place of business, location, or
in division (B) below) for any person to establishment, to the nearest point of
sell, serve, consume, or deliver, or the church building or buildings.
permit to be sold, consumed, served, or The distance of 300 feet
delivered any alcoholic beverage (3)
containing over 1\ of alcohol by weight, shall be measured by a straight line.
in the city during the fOllowing hours:
From 2:00 a.m. to 12:01 p.m. on Sundays, (B) The above and foregoing divi-sion
and 2:00 a.m. to 7:00 a.m. on Mondays (A) shall not apply to:
through Saturdays except only on January
1 when the closing hour shall be extended (1) Any duly licensed grocery
to 4:00 a.m. store selling wines or beers in lackages
and for consumption off the prem ses.
(B) Exemption for serving and
consuming in private homes. None of the (2) Any restaurant holding a
above provisions shall apply to an special restaurant license issued by the
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S 111.18 . DELRAY BEACH ALCOHOLIC BEVERAGES 32
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Deparaaent of Bu.ine.. Regulation of the tor which another penalty is not
State, Divi.ion of Alcoholic Beverages specifically provided shall, upon
and Tobacco, pursuant to the rules and conviction, be subject to a fine not
regulation. of the Plorida Administrative exceeding $500 or impri.o~ent for a term
Code, Rule. of the Division ot Beverages, not exceeding 90 day., or bot~ Each day
Chapter 7A -Vendors or Licensees-, any violation shall continue to exist
Sections 7A-3.14, 7A-3.lS, 7A-3.l6 and shall con.titute a separate otten.e.
7A-3.17, or any successor, or substitute
rules pertaining thereto.
('SO Code, ! 3-3) (Ord. 15-79, passed
3-12-79) penalty, see S 113.99
S 113.18 BO'l"1'LB CLUBS, NUISANCE'.
(A) Por purpo.e. of this chapter,
-BO'l"1'LB CLOS· shall mean any
establishment, club, organization,
as.ociation, corporation, or
proprietorship not licen.ed or regulated
under P.S. Title XXXIV, -Alcoholic
Beverage.,· and which permit. the
on-pre.i... con.uaption ot alcoholic I
beverages or permit. the mixing of
alcoholic beverage. for the on-premise.
con.uaption of tho.e, and which conducts
the activity in connection with the .
exchange of con.ideration, regardle.. of
what con.ideration i. exchanged.
(8) It i. declared that the
e.tabli.hment or operation of a bottle
club i. a public nuisance, and the same
are prohibited. Provided that nothing
herein shall prqhibit bona tide nonprofit -
organizat~on., including, but not
exclu.ive to, social clubs, fraternal
organization., busine.. leag~s, athletic
associations,. e.ployee benefit a.soci-
ation., and homeowner'. associations from
conducting or sponsoring events at which
the consumption of alcohol is merely
incidental to a bona fide organizational
pur~ose, whether or not cansideration is
exc anged at this event. Nothing herein
shall prohibit the renting of facilities
for the purpose of holding special .ooial
events or fund-raising events at which
the consumption of alcohol is merely 1
incidental to the special social event or
fund-raising event, whether or not
consideration is paid at this event for
mixers, setups, and the like.
(' 80 Code, 5 3-7) (Ord. 12-83, pas.ed
2-8-83 ) Penalty, see S 113.99
5 113.19 IHTOXICA'l'BD PERSONS ON PREMISES
WHERE ALCOHOLIC BEVERAGES ARE SOLD.
It shall be unlawtul for any
intoxicated person to loiter in and about
anl premises used or occupied, for the
sa e of alcoholic beverages. It shall be .
the duty of the operator ot the premises
to remove those intoxicated persons from
the premises.
('SO Code, S 3-5) Penalty, see 5 113.99
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S 113.99 PENALTY.
Any person, firm, or corporation who
violate. any provision of this chapter
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To: Davis Kovacs, P&Z Board Jan 18, 1990
From: Bill Finley, ExecDir, DDA
Re: Regulations for Sidewalk Cafes
The DDA discussed all the aspects of this subject and
passes on its views. It would welcome the opportunity to
discuss these matters with you, the P&Z Board and the
City Conunission.
1. Sidewalk cafes on private and public property should
be permitted as a matter of right in the CBD and LC
zones initially.
2. On private property, all regulations should apply
except that additional parking should not be required
other than that for the restaurant itself.
3. On public property, it could only be an outside
extension of any food serving outlet. A deli with indoor
tables would qualify, as would an ice cream store having
the same, as. would a fast food place with no indoor
tables. No additional parking required.
A public property use permit should be issued by a
department of the City and would not be subject to other
regulatory or review bodies. Appeal to City Commission.
There should be no additional fees for outdoor extensions
of food serving outlets.
A five foot public pedestrian way would have to be
reserved on a public sidewalk and may not include any
area in which there are barriers to pedestrian traffic.
The permit would continue until cancelled by the City
department based on complaints or health violations or
the restaurant went out of business. It could be tied to
the occupational license.
No display of merchandise would be allowed.
The area for tables and chairs should be buffered by
portable planters, fences or other method of demarcating
the private use of the public space. Only patrons of the
cafe would be allowed to use the outdoor dining space.
Signs and advertising would be limited to the menu of
establishment and names on the umbrellas, if used. RECEIVED
Tenant responsible for cleaning the area. I
JAN 1 9 90
, PLANNING & ZONING
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AN ORDINANCE OF '1'H£ CITY CŒ'lMISSION OF rrHE CITY OF
DELRAY BEACH I "?T~(ìR:::DÀ I ÀI'lF.NDING TITT...E 11, "BUSINESS
REGULAT10NS, CHAP'!'ER 11~1 "l\LCOHOLIC BEVERAGES", OF
THE CODE OF 'JRDINANCES O}" THE CITY OF DELRAY BEACH
BY REPE~.LJNG SF.':TION 113.02, "CONSUMPTION PROHIBITED
IN PUBLIC Pl,ACES", BY ENACTING 'þ, NEW SECTION 113.02,
"PROHIBITION OF CONS~PTIOU OF ALCOHOLIC BEVERAGES
IN PUBLIC PL.ACES; PROVIDING THAT IT SHOULD BE
ILLEGÞ-L TO CONSUME ALCOHOL IN PUBLIC PLACES; PRO-
VIDING EXCEPTIONS THERETO; PROVIDING THÃT THE CITY
MANAGER MAY GRAN'! WAIVERS THERETO AND PROVIDING .»)
APPEAL TO THE CITY COMMISSION OF THE CITY MANAGER'S
DENIAL OF A \'1AIVER REQUEST í PROVIDING A SAVING
CLAUSE; PROVIDING A GENERÞ.L REPEALER CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY TrlE CITY COMMISSION OF' THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Tnat Title 11, "Business Regulations", Chapter
113, "Alcoholic Beverages", of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same· is hereby ~ended by repealing
Section 113.02, "Consumptlon Prohibited in PUblic P¡'aces".
Section 2. That Title 11, "Business Regulations", Chapter
113, "Alcoholic Beverages", of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same i~ hereby amended by enacting a
new Section 113.02, "l'rohibition of Consumption of Alcoholic Beverages
in PUblic Places1 to read as ·follows:
Section- 113.02 PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGES IN
PUBLI C PLACES.
(A) Within the City of Delray Beach it shall be unlawful for any
person to consume alcoholic beverages~
(1) on the pUblic streets, sidewalks, alleys and other
rights-of-way with the exception that seated patz:ons of a permitted
sidewalk cafe may consume alcoholic beverages;
(2) on the beach;
(3) in public parks I 1"li:h the exc!.·ption that patrons of the
restaurant located at the Delray Beach Municipal Golf Course, may
consume alcoholic beverages on the Delray Beach Municipal Golf Course
when they are golfing;
(4) in motor vehicles or trailers;
(5) or em business property ou.tside the building with the
exception that patrons seated at permanent tables provided by the
business may cons'Jrne alcoholic beverages.
(B) Any pez:son may request that the. City Manager waive the appli-
cability of. Section 113.02{A) for certain public functions or affairs.
The City Manager shall. have seven (ï) days to consider such a request
and if denied., the applicant may appeal the denial of the request to the
City Commission. Such appeal to the City Commission must be made. within.
seven (7) days and wi 11 be considered. by the City Commission wi thin ¡
thirty (30) days of the denial. . I
Section 2. That all ordinances or parts of ordinances which I
are in conflict herewith are ~ereby repealed. <=\ I
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Section 3. That: shoT.1.1d any section or provision.- of, this
ordinance'or any portion thereof, any paragraph, sentence,. or - word- be
declared by a court of competent j ur i sdiction. 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 4. That this ordinance shall become effective upon
passage on second and final Leading.
PASSED AND ADOPTED in regular session on second, and final
reading on this the _ day of , 1990.
NAYOR
ATTEST:
City Clerk
First Read.ing
Second Reading
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I:ITY DF DELIA' BEA£H
CITY AnORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/278-4755
r-1EMORANDUM
DatE'~ Febr1la:r.y 7, It'¡90
To; l'r1alcolm T. Bird, Interim City Manager ~Æy1}'
F:r: om : Jeffrey S. Kurtz, Assistant City Attorney
Subject: Ordinance on Prohibition of Consumption of Alcoholic
Beverages in Public Places
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This ordinance was drafted as a companion ordinance to the
ordinance allowing sidewalk cafes, as pursuant to Section
102.66 it is intended that alcoholic beverages may be consumed
at a sidewalk cafe. This ordinance, therefore, will elimina.te.
the apparent conf lict between the ordinances by specifically
exempting seated patrons at a sidewalk cafe from being subject
to arrest for consuming in public. In addition, the revised
ordinance will also eliminate the threat of arrest from golfers
at the municipal golf course and allows a mechanism by which
the city manager could waive the application of the ordinance
for special events, such as Old School Square grand opening,
Delray Affair and the like. It also provide for an appeal
process to the City Corranission for an applicant who has been
denied the requested waiver. The ordinance also closes an
apparent loophole in the previous ordinance by including
streets and right-of-ways in the areas where there is a
prohibition on consumption
If this ordinance is acceptable to staff and City Commission,
it would be suggested that it be placed on an upcoming agenda
for Commission consideration at the time of the sidewalk cafe
ordinance so that there is no possibility of a conflict between
the ordinances.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK:sh
Attachment
cc: City Commission
Chief Charles Kilgore, Delray Beach Police Department
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ORDINANCE NO. 5-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
I CLASSIFICATION FOR A PARCEL OF LAND LYING AND
I BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA, FROM RM-10
¡ (MULTIPLE FAMILY DWELLING) DISTRICT TO GC
,; (GENERAL COMMERCIAL) DISTRICT; SAID LAND IS
q LOCATED AT THE NORTHEAST CORNER OF N. E. 8TH
i STREET AND N. E . 8TH AVENUE; AND CORRECTING
; "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983";
:1 PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
II
,¡ SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is shown as being zoned
RM-10 (Multiple Family Dwelling) District on the Zoning District
Map of the City of Delray Beach, Florida, dated April 12, 1993;
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 April 12, 1993, be
corrected to reflect the proper zoning classification of GC
(General Commercial) District; and,
WHEREAS, this matter was considered by the City Commis-
sion at a Public Hearing and it was determined that the RM-10
(Multiple Family Dwelling) 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 April 12, 1983, be, and the same is
hereby corrected to reflect a zoning classification of GC
(General Commercial) District for the following described
property:
Lot 1, less the South 8 feet thereof as road
right-of-way, and all of Lot 2, Block 4, SOPHIA
FREY SUBDIVISION, according to the Plat thereof
recorded in the Office of the Clerk of the
! Circui t Court in and for Palm Beach County,
I Florida, in Plat Book 4 at Page 37, together
with the North 109.70 feet of the South 124.70
feet of the West Half (W 1/2) of the abandoned
alley lying Easterly of Block 5, SOPHIA FREY
SUBDIVISION, per Plat Book 4, Page 37, 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 Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances
j in conflict herewith be, and the same are hereby repealed.
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n any sec l.on or provl.sl.on 0
this ordinance or any portion thereof, any paragraph, sentence,
i or word be declared by a Court of competent jurisdiction to be
: invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1990.
MAY 0 R
ATTEST:
City Clerk
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First Reading ,
Second Reading
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- 2 - ORD. NO. 5-90 I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
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FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 13, 1990
CONSIDERATION OF A CORRECTING ORDINANCE AFFECTING
ZONING DESIGNATION FOR THE 8TH STREET MARKET
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which corrects an
apparent error on the zoning map.
The property involved is commonly known as the 8th Street
Market. The zoning map shows RM-10¡ the appropriate zoning
appears to be GC.
BACKGROUND:
This property was zoned as C-2 upon annexation in 1971. Since
that time, the zoning map has shown three different designations
and one map showed no designation even though there have been no
site specific rezonings of the property.
Please see a staff memorandum and the request letter for more
detail.
The Future Land Use Map designates the property as Commercial;
thus, the original zoning of Commercial is still appropriate.
In similar circumstances, when it has been shown that an apparent
error has been made on the official zoning map, the situation has
been corrected by an ordinance.
PLANNING AND ZONING BOARD CONSIDERATION:
Since this is a clear case of correcting an apparent error,
Planning and Zoning Board review is not required.
RECOMMENDED ACTION:
By motion, approval of this correcting ordinance on first
reading.
Attachments:
* Staff memo and letter exchanges with Sam Fisher
* Ordinance by others
c:
Malcolm T. dird, Interim City Manager
DJK/#59/CC8TH.TXT
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[ITY DF DELAAY BEArN
100 N.W. 1s1 AVENUE DELRAY BEACH. FLORIDA 33444 407/243· 7000
February 1, 1990
Sam P. Fisher
901 N.E. 8th Street
Delray Beach, Florida 33483
Re: 8th Street Market Zoning Verification (SOPHIA FREY ADDITION
LOT 1 (LESS THE SOUTH 8 FT. OF ROAD RIGHT-OF-WAY), LOT 2 AND
THE NORTH 109.70 FT. OF THE SOUTH 124.70 FT. OF THE WEST 1/2
OF THE ABANDONED ALLEY LYING EASTERLY THEREOF BLOCK 5)
Dear Sam:
This letter is in response to your request of January 18, 1990,
regarding the zoning verification of the subject property
described above.
Pursuant to Ordinance No. 27-71, the subject property was annexed
to the City of Delray Beach on September 13, 1971, with a zoning
designation of C-2 (General Conunercial). The City Clerk's
records do not indica~e rezoning of the property since the date
of annexation.
The 1989 zoning map indicates the property as being zoned RM-10
(Multiple-Family Dwelling District). In order to change the
zoning map, a correcting ordinance must be drafted and approved
by the City conunission. The correcting ordinance requires a
public hearing. We will initiate the appropriate actions to
correct this matter.
However, until such time as the zoning is officially changed, the
site is considered to be RM-10, as shown on The Official Zoning
Map.
Attached is a copy of Ordinance No. 27-71 for your records. If
you have any questions, please contact me at 243-7040.
Sincerely, ,-
~-&~~
Jeffrey A. Costello
Planning Technician II
c: Attachment
THE EFFORT ALWAYS MATTERS
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M E M 0 RAN DUM
TO: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: JEFFREY A. COSTELLO, PLANNING TECHNICIAN II711(,
RE: 8TH STREET MARKET ZONING VERIFICATION (SOPHIA FREY
ADDITION LOT 1 (LESS SOUTH 8 FT. OF ROAD RIGHT-OF-WAY),
LOT 2 & THE NORTH 109.70 FT. OF THE SOUTH 124.70 FT. OF
WEST 1/2 OF ABANDONED ALLEY LYING EASTERLY THEREOF
BLOCK 5)
DATE: JANUARY 29, 1990
4
This memo is in reference to Sam Fisher's letter of January 18,
1990, regarding the zoning verif~cation of the subject property
described above.
Pursuant to Ordinance No. 27-71, the subject property was annexed
to the City of Delray Beach on September 13, 1971, with a zoning
designation of C-2 (General Cormnercial) . The City Clerk's
records do not indicate rezoning of the property since the date
of annexation.-
The following discrepancies have been identified on the zoning
maps located in the Planning and Zoning Department:
* 1971 - C-2
* 1976 - RM-15
* 1978 - GC
* 1980 - GC
* 1983 - No zoning designation indicated
* 1985 to Present - RM-10
The 1990 Land Use Map indicates the subject property as General
Commercial. --
In light of the above, I suggest the City initiate a correcting
ordinance and amend the zoning map to correct the apparent
inadvertant change.
Attached is Ordinance 27-71, the request letter and a copy of the
draft response letter to Sam Fisher for your review. Please meet
with me to discuss this memo and the response letter.
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January 18, 1990
To: City of Delray
Planning ~ Zoning Dept.
From: 8th Street Market 901 N E 8th Street
Delray Beach, FL 33483
Building Owner
901 - 905 N E ~th Street
4
Description: -- ---- - .- --.- --
Legal
SOPHIA FREY ADD LOT 1 (LESS S 8 FT RD R/W), LOT 2 8c
N 109.70 FT OF S 124.70 FT OF W 1/2 OF ABND ALLEY Lye ELY
THEREOF BLK 5.
This is a written request for zoning restrictions for
the above described lot. We have operated this grocery store
for the last twenty years and this building was a grocery
store twenty years prior to that. We believe this lot was in
the county prior to sewer installation approximately 10 to 15
years ago, at which time it was annexed into the city. The
main structure was remodeled and enlarged around 1960 at
which time there were three additional bays built for various
tenants, two of which have been rented as food services and
one as a clothing store.
Our main concern is to determine the zoning restrictions
for these bays and allowable tenants. We would like to know
if and when the zoning was changed. If it was changed, we
would like to know what the restrictions were before and
after the change, and why it was changed.
We do not understa.J]d why this property would ever have
been zoned anything but GC because to the best of our
knowledge it has always been operated as a commercial
business. If it is not zoned this way, we also request
information to change the zoning to GC. Thank You. RECE'VED
Respectfully Submitted, JAN 1 8 90
PLANNING & ZONING
,
Mr ~J. Mrs Sam Fi sher
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O'BRIEN, SUITER & O'BRIEN, INC.
ENGINEERS - LAND SURVEYORS
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CI~~RA ~ !!:A:H FLORIOÂ BOYNTON 8EÂCH
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I HEï¡UY CERTIFY rho' th. pIa, .hown h.r.an ¡. a 'rut and corr.c' r.pr...n'atian of 0 lurvey
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'-Jnd. unl," orn.r.i,. ,h?wn, th.r. are no vilible .ncroachm.nlt. '::er,ificate No. ~\lt
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ORDI~.~ÇE NO. 27-71.
i\N ORDn~r.NC¡:': Ot' THE Cr'l'Y COUNCIL OF THE CI'l'Y 01:"' DELRAY DEÞ.CH,
n.ORIL11\, AHNEXING TO THE CITY OF DELR.~Y· BEACH LOT 1 LESS THE
SOU'!'!I 8 F'r~ET, ALL or LOT 2, AND '1'HE WEST 8 FEE'I' Ot' '¡'HE 1\BAN-
[¡ONED ALLEY LYING 13E'IWEEN LOTS 1 AND 2 AND LOTS 10 AND 11,
DL(J.':':I< 5, SOPHIA FR]~'l SUBDIVISIOU, mUCH L1\ND IS CON'.l.'IGUOUS
'1'0 E:<IS'l'ING MUNIC:l:PAL LI¡<1ITS OF' SAID CI'rY: R1::DI:.:F1NI'-.'jG THE
BOl1~mT-.p.!ES OF SAID CITY TO IHCLUDE SAID L1\l~D: PROVIDIUG l'OR
'l'Hl: IUGH·...·S 1\1'10 OBLIGA'I'IONS Or' SAID LA~D: Al'ID PROVIDING FOR
',!:rm ZON U¡G TfI1:.:m::OF.
WHEREAS, \'¡Al,Tìm H. Sn1Sm-7, is the 'fee sirnþ1e o~mer of the land here-
in~fter described, and
WHEREAS, HAP.RY T. NEMETT, Attorne:}' in Fact, for Nalter H. Simson,
hús petitioned and given perrnis'sion for the annexation of said land by
the City of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been ~uthorized to
a1ìr.eX lands in accordanc~ with Section 185.1 of the City Charter.- of said
City granted to it by the State of Florida, and
I
WHERF.AS, the annÐxation of this land hereinafter described, in the
C-2 General Commercial District, has been recommended by the Planning
and Zoning Board in action taken at its meeting held on August 17, 1971:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray Beach, Palm
Beach County, Florida, hereby annexes to said city the following describ-
ed tract of land located in Palm Beach County, Florida, which lies con-
tiguous to said City, to-wit:
Lot 1 less the South 8 feet, all of Lot 2, and the West 8
feet of the abandoned alley lying bet\-leen Lots 1 and 2 and
.
Lots 10 and 111 Bl~ck 5, SOPHIA FREY SUBDIVISION, per plat
Book 4, Page 37, Public Records of Palm Beach County, Floridi1.
SECTION 2. That the boundaries of the City of Delray Bench, Florida,
are her.oby redefined so as to include therein the above desc~ibed tract
of land, and said lane] is horeby declared to be \>,ithin the cor.porate lire..
its of the City of Delray Deach, Florida.
SECTION 3. That the land hereinabove described is hereby dac~ared
to be in Zon ing District C-2 as defined by exi~ting ordin(mc ~s cf the
City of Delray Beach, Florida.
SECTION 4. That the land hereinabove described shall i~nediately
become subject to all of the franchises, privileges, immunities, d~bts,
obligations, liabilities, ordinances und laws to which lands in the City
of Dclray Beùch are now or rnùY be, and persons residing thereon shall be
deemed citizens of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence or part of this
ordiJ1ance shall be declared illegal by a court of competent jurisdiction,
suc.:h I:"f.)c.:ord of illegality shall in no way affect the remaining portiom3.
PASSED AND ADOPTED in regular ~ession on the second and final reading
on the 13th dùy of september , 117,,~~ ",_.
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first Reòding August 23, 1971. Second Reading septëmber 13, 1971.
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OJlDINANCI NO. ~-t(O
~ OaDIHAHCI or ~HI CITY COMMISSION OP ~KI CITY O~
/ DILAAY alACK, J'LORIDA, ).MINDING OKAI'1'IR 33, "I01:.XOI AND
rxu J)IJARTHIN'1''', or THE OODI OJ' ORDINANOll8 or 'I'll CITY
07 DILRAY BIAOK, ftORXDA, BY AMENDING SIOTION 33.11,
IIrINAKOIS ANI) rUND nNAQIlMJIN'1'1I , 8UBSIC'%'XON (I) (2) ,
DILITXNQ IUBJARAQRA»HS ! (~) AND (0), DILIT%NG ~H.
laOVX.XON ~JiJ.T A CORPORATION IN nICH 1'IH.2:01l rUND
&88111'1 aal XHVlITED MUST KAVI 'AID OA8K D%V%DINÐ8 '01
a 'la%OD 07 .IVIH r%SCAL YIAR. ,aICEJ)%HG ~BI ÐATI or
AOgUZI:S:'!IOlf, DILITING '.OVISIOR' CONC.BIMeI I'll »mUAt.
lAUtNGI OJ IUOK aOa'ORAT%ON" DILI'1'%NG ~KI JROK%I%f%OK
OB %HVlI'l'HIHI' %N WHIOH AHY XN'1'IRI8'1' OILIGA'1'IONS ~I
oa DV1I IIIN xu DlrAt1L'r DUa2:NG '1'HI PUclDZNG 1'::tVI
YIUS, I.HD IINUKBIRINC¡ SUa'AIAGaAPK (4) A8 SUBPARAGRA'H
(~), UJ) »œHD%NG .AID IUBJARAClRA'H '1'0 ,ROVXÞ. THAT THI
AGaRIGATI X1fVllttKE1;T IR OOHMON OR OAIXIf"L .'OCK %11 ANY
OMI COKÞANY 101.1. HOT I%OI1I1D 5' or 'I'D OUT'TANDING
OOHMON OR CA'ITAL ITOCX OJ THAT COMPANY, IROV%Þ%NQ A
IAV%NClI cLiVII, PROVIDING AN z,rmOTIVI DATI.
NOW, TRlllrORl, B! IT ORD"%NID BY THI O%'1'Y OOMK%8'ION or THI
C%'1'Y OJ DILRAY IIAOH, fLORIDA, AS fOLLOWS.
.eatioft 1. 'rhat· Chapter 33, "Police and Fire
Department..., ~,ction :1 3.66, "Finances and Fund Management",
Sub..ction (2) (2) ot the Code ot Ordinanoe. ot the Qity at Cèlray
Seaah, rlor1~a, be, and the same 11, hereby amended to read '~ ,
follows.
(2) The Board 01 'rrusteel may invest and ,einve.t the
a..eta of the Trult Fund in bonda, stook., or other evidencel of
indebtedn... issued or· quarant..d by a corporation organized
under the law. ot the United state., any state, or organi.ed
territory ot the united state. or the District ot ColumJ>1a,
proviðeds
(~l Th. ccrporation 1. H.t.d· on any"~ 1\O~~;
ot the recogn1.ed national stoc)c exchanqe. and hol~. a ra in9 1" I'
on. ot the three hi;hest olalllticatlons by a major rat1nq
..rvice.
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Y.'!,. 1_IC1at.l~· ,..eG.41", pur-aha.e t~. QOI",.ratioR .,.., 1\a-r.;~ ..",¡
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::a:,: ~::1\9::: ::R::é ~CI_.I, OJ' Clt~.1' 8. i41~G.1 of iA4IJa,.dJ\+ìl· .....:,
.. 2. \ ,. :1 ty o1.t1l"ar441A9 al¡ tail of P\l1tG¡u..., ~R..t .' ;~:;f,:.;
.'.A.. aft.. ',Cll'll 1Reaoral 'III", IR aJl8\tRt I\. le..' '~.a+.,}4.;:;;~~~~tf·'~",;
twe till.' '1Ie ..eVR1 0' ike !Rt.l".~ >Gka~i'. iR .aG~ of th~ ti\ri.~ . r:~¡¡,~0,::
ti..al Y.II'I i_.C1.,.ly p~lea.Cl", '\tweak,.., ow . '·-'·~··f;·: ';,,"-'U~V'
. .,,~ ': <7 f, :- .~.,¡·I .
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., a. e actUal- ,. " of _~e pal' val-.ara of.. ..~~ >;'j;-,:".- ,
'8.11",1.11\ 1R aaCJh af thl thr.e tilllaål' ·yea... i_..ia',"~<';'.,;!Û ~> .,; \
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4.M.'U..:¡~' :~.G.~~f f1~!. ~~;;,,~~;rj.g~
~ The Board of Truste.s ehall not inv..t more
than " ot it. ....t. in the common or capit.l stock'ot any on.
i..uin; oompa~, nor ahall the aqqreqate investment in oommon or
capital .took n on. company exc.ed .4' of the out.tandinq common
or capital .took ot that companYI nor .hall the .qqregate ot the
FundI. inv..tmant'-1n common or capital .took at OOlt eXC.ed 50t
ot the Pund'. a...t.. A..at. of the Fund not inv.sted in oommon
or oapital Itook· may be inve.ted in oorporate bon~. or other
la;al 1nv..tmant.-as provided in F.S. Qhapterl 17' and 185.
'.a~~Dh I. ' That should any .eotion or provi.ion ot this
ordinance o~ any portion th.reot, any paragraph, .entenoe, or
"O~d J:). cleøla~.d· by a Court ot oompet.nt juriac!iction to be
invalicl, luoh deci.ion .hall not atteot the validity ot the
remaincler her.eota. a Whole Qr part thereot oth.r than the part
declared to be invalid. _
'.atioft 3. That thia ordinanoe shall b.com. ett.at1v.
ten (10) day. atter .eoond and tinal reading.
PASSED AND ADOPTED in reqular lession on second and tinal
reading on this the day ot , 1990.
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HAYOR
ATTEST:
City Clerk I j
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CITY AnORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243-7090 TELECOPlER 407/2784755
ME!10RANDUM
Data: February 8, 1990
To; City conunission 1AML fu r }ff
From~ Herbert W.A. Thiele, City Attorney
Subject: Limitations on Investments of the Police and
FirefighterPension Board
At its WOr'kSh¿p meeting of February 1, 1990, the Police. and
Firefighter Pension Board reviewed the attached ordinance which
expands the scope of equity investments that the Board can
make. I have also attached a copy of my previously transmitted
memorandum explaining the changes in the ordinance. After
reviewing the ordinance, the Board unanimously recommended' that
the Commission adopt the ordinance as soon as possible.
Should any Commission have any questions about the proposed
ordinance, please do-not hesitate to contact our office.
HT: sh
Attachments
cc: Malcolm T. Bird, Interim City Manager
John Elliott, Assistant City Manager
David M. Huddleston, Director of Finance
Marty Ritchason, Personnel/Labor Relations Director
, Administrative Assistant III
Members, Police and Firefighter Pension Board
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£IT' DF DELIA' BEA[H
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CITY ATTORNEY'S OFFICE J/fJ SI 1" STHFLT. SlTII. 4 DHRA Y BEACH, FLORIDA 33483
-\(17/243-709() TFI.ErOPIFR 407/2784755
;1; ;:·:.In_~ N~'JU~1
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Da .~~~. .J.'\nuai·Y 22, J 9:))
To~ Ch~iYman a~d Members, Police 3n1 F~TDfigh~cr's
P(.:~.::¡iol1 Board of '}·rusto:.··23
From: Herbert tV. A. Thlclf-~' , C :. \;:l Ì\ t t.o:('n~y
Subj er:t- ~ Response to Inçuify Conc~rninq Pot~ntial Modification
o'f Financial Requirements for Polic~ and Firefighter
Pens,lQn System
I I
Some weeks ago, the Police and Firefighte1:' Pension Board of
Trustee.:; requested that the City Attorney's Office conduct
research on potential modifications to the ordinances governing
the financing and fund management for the Police and Fire
Pension Fund. After exhaustive research and consultation
with our outside counsel, this memorandum is to set forth some
of our findings and to provide you with a proposed ordinance
that we believe would be in accordance with your direction.
The premise upon whlch the City Attorney's Office proceeded was
tha. t. the Police and Fir~fighter Pension Board of Trustees
believed that, in part, returns on our investments could be
enhanced by modifying or el iminati.ng certain restrictions on
pension fund investments contained. in the ordinances of the
City. It is our understanding th,) t the Pension Board was
interested in amending or rc.::mc,)ving any investment restrictions
which were overly rest.rictivc or which go beyond the
restrictions provided in Plorida Statutes Chapters 175 and 185.
In our opinion, the most r(;~)tr ict i VI=; investment provisions of
the Police and Firefighter Pension Ordinances are contained in
Section 33.66 of the Code of Ordinances. In subsection
31.66(E)(2), the ordinances plovide restrictions on pension
fund investments in c(')rporat:e st_ocks and bonds to be:
1 . Corporations listed on anyone or more of the recognized
national stock exchang~s, and holding a rating in one of
the three highest classifications by a major rating
s~rvice. This provision is essentially identical to
lang\1age set forth in Florida Statutes Sections
l75.071(1){b)4{a) and l8S.06(1){b)4(a).
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Page 2
2. Corporations which have paid sash dividends for a period
of sevßIl fisca.l years pl'eceding the date of acquisition.
There is no similar pro"i~icm in either Chapters 17S 01'
18S, Florida Statutes.
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3. Those corporations which have after-tax earnings in an
average amount equal to at least two times the amount of
yearly interest charges on their bonds, and. an amount at
least equal to two times the amount of interest charges in
each of the three fiscal years immediately preceding
purchase; where those corporations which over the seven
fiscal years .immediately preceding purchase have
after-tax earnings in an average amount equal to at least
six percent of the par value of their bonds, and equal to
at least six percent of the par value of their bonds in
each of ~te three fiscal years immediately preceding
purchase.! Again there are no similar provisions in
Flcrida Statutes Chapters 175 or 185.
4. Those corporations which are not in default or which have
not been in default within the immediately preceding five
year period. There is no similar provision in the Florida
Statutes at Chapter 175 or 185.
5. The Pension Board is prohibited from investing more than
five percent of Pension Fund assets in the stock of any
one issuing company, or from acquiring more than three
percent of the outstanding stock of any one company.
These restrictions are similar to those provided in
Florida Statute Sections 175.071 and 185.06, except that
the Florida Statutes prohibit an investment in any one
issuing company wh.ich exceeds five pel·cent of the
o\.i.tstanding stock of that. company.
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6. The Pension Board i.s prohibited from investing more than
fifty percent of fund assets and stocks. Florida Statutes
Sections 175.071 and 185.06 contain a maximum thirty
percent limitation on stock (equity) investments.
However, the statutes specifically state that
municipalities with "local lal,J" pension plans may modify
the investment procedures contained in the statutes
through a municipa.l ordinance. Although municipalities
with local law pension plans such as ours are not required
to comply with most of the provi.sions of the statute
concerning pension fund investments, we have, attached
hereto, submitt.ed a proposal which we believe would
nonetheless accomplish your stated objectives.
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Page 3
While Section 33.66, Delray Beach Code of Ordinances, could be
repealed in its entirety and l'eplaced with totally new language
governing pension fund finances investments, we believe that
Section 33.66, Delray Beach Code of Ordinances, can be amended
to modify or delete only those investment provisions which are
more restrictive than those in Florida Statutes Chapters 175
and 185.
In that regard, we have prepared a draft ordinance (attached)
which follows this approach of modifying or deleting the
investment provisions which Rre more restrictive than the
Florida Statutes. The ordinance thus amends only those
provisions of Section 33.66, Delray Beach Code of Ordinances
which place great-.er restr.ict.ions on pension fund investments
then are currenjtlY contained in Florida Statutes Chapters 175
and 185, which/ he provisions of th~ ordinances which are now
less restricti* than the statutes have been retained in their
current form.
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It would be appreciated if you could place this matter before
the next meeting of the Board of Trustees for further
discussion and direction to the City Attorney's Office. In the
interim, if you have any questions concerning the materials set
forth in this memorandum or the attached draft ordinance,
please contact the me pe~sonally at your earliest convenienca.
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Attac'hment
cc City Co~nission
. Malcolm T. Bird, Interim City Manage~
John Elliott, Assistant City Manager
Marty Ritchason, Personnel/Labor Relations Director
David M. Huddleston, Director of Finance
bee Jim 6-)0/ f'¡ t:5J. .
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£ITY DF oELARY BER[H
iCO '; IV 1':'l ,";'i!::'\JuE :;:: _ .. ~ i 8 ~..:.. C ~ '~_:ì R ~ D A 33444 ..01 243 ¡QO'J
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M E M 0 RAN DUM
TO: City Commission
FROM: Anita Barba, Board Secretary/Liaison
THRU: Alison MacGregor, City Clerk
DATE: February 9, 1990
SUBJECT: APPLICATIONS FOR THE BOARD OF CONSTRUCTION APPEALS
Rqbert Currie and Darrel Rippeteau have expressed an interest on serving on j
the Board of Construction Appeals as the architect. Please note that Mr.
Rippeteau is not registered in Florida. However, both Mr. Currie and Mr.
Rippeteau are registered with the National Council of Architectural
Registration Boards.
Their respective applications are attached for your review and consideration.
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Anita Barba
Board Secretary/Liaison
cc: Interim City Manager
AMB/ sm
Attachments
THE ErF'J8T ALWAYS MATTERS
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Robere G. Currie, AlA
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NAME
815 Tangerine Way Gulfstream, Florida 33483
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE'------- -------
25 Seabreeze Avenue Delray Beach, Florida 33483
-- ----
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
____._____ L- __
(407)272-6843 (407)276-4951
----- --
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
COMMUNITY REDEVELOPMENT AGENCY
--- -... ._-- ---
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
SEE ATTACHED RESUME
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EDUCATIONAL QUA~IFICATIONS _ __ _ _ _
Harvard Univers~ty Graduate Schoo~f Design, Master ~AÏcn~èecture;
~~~erš!~y or Min~es§tã~achëlõr of ~:~È=~==ture. ------------------------
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
SEE ATTÃëHED RESUMË-------- ---------------------
--------- ------ - ----
GIVE YOUR PRESENT, OR MOST' RECENT EMPLOYER, AND POSITION ___________
CURRIE-šëHÑËÏDËR-~§SOCIATES AlA, PA ------:-------------
DESCRIBE EXPERIENCES, SKILLS OR K~OWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. ________ ____
SEE ATTACHEQ RESUM~ __ ______________
------- --- ------_._- ---------
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I HAY
RECEIVE.
~ March 20, 1989
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SIGNATURE DATE
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ROBERT G. CURRIE, AlA
Principal
EDUCATION
Harvard University Graduate School of Des ign, t'1as ter of
Architecture; UniversitJ" of .''/innesota, Bachelor of Architecture.
REGISTRATION
Architect: l'1assachusetts, .'fdine, Connecticut, Virginia, New
Hampshire and Florida.
Certified: NCARB
COMMUNITY SERVICE:
A member of the City of Delray Beach's business community for the
past 20 years, l'1r. Currie has developed an acute understanding of
the Ci ty and its residents. He has served on a number of local
boards, with his primary objecti'v"e a l ways focusing on what is
best for the City. ¡'fro Currie has chaired, as well as served as
a member of the Ci ty' s Planning and Zoning Board; he has also
been chairman and a member of the Community Appearance Board, as
well as the Board of Adjustment.
PROFESSIONAL AFFILIATION
l'1r. Currie is the founding principal of CURRIE SCHNEIDER
ASSOC IATES AlA, PA. The firm was established in 1970 by Mr.
Currie, a nationally renowned Architect who's work has
encompassed projects throughout the Uni ted Sta tes and abroad.
After receiving a Bachelor of Architecture degree from the
University of l'1innesota, !'fr. Currie continued his studies at
Harvard University where he was awarded a l'1asters of Architecture
degree.
His career has been highlighted bJl serving as a Professor of
Architecture at severa l universities including the University of
Sydney in Australia; Florida Atlantic Uni vers i ty, Boca Raton,
Florida and the Uni vers i t~...· of Hi ami, l'1i ami, Florida.
Mr. Currie is a past President of the AlA Palm Beach Chapter and
the AlA Spanish River Section. His assignments have included
participating on juries for local and state chapter Design Award
competitions including juries for the AlA Michigan Society,
Broward County Chapter, Florida South Chapter, Indian River,
Florida Chapter and Potomac, Hary l and Chapter.
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Robert G. Currie, cont'd.
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In hi s role dS the firm's principdl des i gner, Hr. Currie hds hdd
the opportunity to mdke sign if i Cdn t contributions to the Ci ty of
DelrdY Bedch's drchitecturdl chdrdcter. Some of his most
recognized dssignments include the 25 Seabreeze office building;
the Holiday Inn Cdmino Real; the South County Complex dnd
WdterwdY East. Hr. Currie's firm is currently under contrdct to
provide drchitecturdl services on d new city Fire Station and has
been commissioned to prepare construction drawings for the Old
School Square cultural center.
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CITY OF DELR~Y BEACH
BOARD MEMBER All~ATION
_--D.AR..RtL O. k, r:::> J:> E.I S~ 0
NAME /",\ ,
LQll NW "3 /20 AlIL-.---Lb.ß&~_~~-24:H
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) %,~~ (4 S¡;
l£C\f\ \E ' l2~,)~EO
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
._--
:272- 2·8~- - ~
HOME PHONE BUSINESS PHONE
ON WHA T BOARDS ARE YOU INTERESTED IN SERVING R~,U ^-J I /t.r;. -
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LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) ~~ H-E{ùL.
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EDUCATIONAL QUALIFICATIONS A.ß _~I2-f.,~ ;. AR..<;;:..bLU::E~.\.LI2~~4V
OF ~~~_L~L____7AL~m~ L ~_-û.E;.~~____
J:~~'(.J~ - l'1~- . 0 ~_~~!t.1U:Lº__L2 - L:r,( ,()(.~ . -, "
L~~ ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
. r::Q~~'eJ Â~~bL~Z__1~;~--Áj..5~..Af_~J1.D!,.¡~_~~~~
--c:::.-<..,.L.¡.~L~ l¿,'t:. ~'Nl( EL,(tJ('&--l-.r;CÞ-f";'7ÐdLLt.i!d_-l~DIJ:&.~() I ~ L ~
µ~L.ÑV . U~~o~~'- -Pë:~1Ut E7~ H~~h' t- ~~'Æ.Y.) UU f- ;"'uú l2i.u_IiAc<-;G
GIVE YbUR PR~~NT, OR OST RECENT EMPLOYER, AND P~SITION _____ ,
t:f.AIv&~_ '~~ ~~U;:§t"~.'¡!, {~T'
t;v.- ".:,¡ u ,¡~Qit~ .,,- . rn~1 k?~ N'J-e.l>4.,r[t.V7 \ (§'Yf2A::w <>Cl.... ~.) y
~ ~-Z~ - [~~O. c (2.ROn- 0 -r~l -~fl,'Zjur¿'R- ~t-t (<=t4~ .:) JJ,
E R BE E ERIENCES, SKILLS OR K OWL EDGE WHICH QUALIFY YOU TO SERVE ON
T H.I S B 0 ~ R~: µA¡UA~ (I) ,#:=_ M,0 Q pt. r= G-L5.GL(L<Jt<J g_ _ A - ~ --=-E- FL 0A-1
-Ñv.Q~;.¿Z ç~ ~ -~ ~'-Ab~ iìï<A~~ f "N-'~, Þ-\lli,O ilL<"
-1':?+~ ~~-:/ ~ [¿... I-(AI.L_$.-t-_....';;l::.~.~ -~~kÞ("l !....J....¡~....~II/'i~ I:-Vjc-<.~S
Afv'f) {U{rlü ~ (.. 0--l~C F,A...:.. LLi"'Z:(. ~ ~ ðI 1.26 S~
PLEASE ATTACH A BRIEF RESUME. -
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISST A TEMEN T OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
(,\ æiJ -
N4Cbt4:20 I i31
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SIGNATURE DATE
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VITA
NAME: Darrel Downing Rippeteau, Fellowz American Institute of Architects
National Council of Architectural Registration Boards Certificate 7032
Registered Architect: New York 6208 Pennsylvania 6090
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Vermont 543 Georgia 2577
,
Connecticut 3053 Dist. of Columbia 2555
New Hampshire 565
Former Managing Partner (Retired 1 January 1980),
Sargeant-Webster-Crenshaw & Folley, Architects, Engineers, Planners
with offices in New York, Vermont, Maine and previously in Puerto
Rico, Virgin Islands and Georgia.
ADDRESS: River Oaks, Box W333A, Wellesley Island 1011 N.W. 3rd Avenue
Alexandria Bay, NY 13607 Delray Beach, FL 33444
ARCHITECTURAL PRACTICE:
From 1946 through 1979 participated as a project manager or managing
partner in the design and construction of more than 3,000 major building'
projects of all types. Representative of this thirty three years of
practice is this selection: (New York State unless otherwise noted.)
Justice Building, Nelson A. Rockefeller Empire State Plaza, Albany
U.S. Courthouse and Federal Office Building, Syracuse
Toomey-Abbott Towers and Syracuse University Dormitory Complex, Syracuse
National Bank of Northern New York, Watertown
New York State Office Building and Meeting Hall, Watertown
Watertown Daily Times and WWNY Radio & TV Broadcast Center, Watertown
Harold T. Wiley School, Watertown, 1500 elementary pupils, open plan
E.J. Noble-North Country Hospitals, Inc., Gouverneur, Canton and Alexandria Bay
New York State University Cobstruction Fund-State University College at Cortland:
Cortland Campus Master Plan Fine Arts Building
Library and Communications Building Health & Physical Education Building
Merrill Center, banking headquarters and office building, Bangor, Maine
Wellsville Elementary School, Wellsville (awarded American Association of
School Administrators top honors at Dallas convention 1975)
Crouse-Irving Memorial Physicians Office Building, Syracuse
Clarkson College of Technology, Education Resources Center, Potsdam
Municipal Building, Lockport
Carrier Corporation Overseas Warehouse, Syracuse
New York State Electric and Gas Corporation Operations Center, Elmira
Clayton Municipal Recreational Park, Clayton
Mayaguez Government Center, Mayaguez, Puerto Rico
Folts Home for the Aged, Herkimer
Internation Institute of Music Building, Inter-American University, San German,
Puerto Rico
Borinquen Towers, 600 apartments and shopping center, San Juan, Puerto Rico
St. Lawrence Seaway Development Corporation Headquarters Building, Massena
Williams town, Vermont, High School
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VITA - Darrel Downing Rippeteau
Shoppingtown Mall, Dewitt
Snow M~morial Library and Village Offices, Pulaski
Bob Sled and Luge Run, 1980 Winter Olympics, Lake Placid
Vocational Educational High Schools, Orleans, Niagara, Medina
American Can Company Factory, Fairport
Mid-Hudson Civic Center, Poughkeepsie
Syracuse Development Center, for handicapped children and adults, Syracuse
Southern Aroostook Vocational Education Centers, Region 2, Houlton, Maine
AFFILIATIONS:
Professional American Institute of Architects - National:
Director, New York Region, National AlA Board of Directors (1971-73)
Chairman, National Government Affairs Commission (1973)
Chairman, National Resolutions Committee (1975)
Chairman, National Committee on Government Agencies (1974-75)
Chairman, Federal Agencies Subcommittee Design/Construct (1972)
Commissioner, Congressional Relations Overview (1973)
Member, Board of Trustee, AlA Foundation (1972-73)
New York State Association of Architects:
President 1968-69 Vice President 1966-67
President-elect 1967-68 Director 1962-66
Chairman of the Board of Directors of the New York State Architects
Political Action Committee, Albany, NY (1980-present)
Central New York Chapter, American Institute of Architects
Secretary 1960-62 Director 1957-60
Prior - Chairman of Public Information Committee
General Services Administration
Regional Advisory Panel on Architectural Services, Region II (1972-73)
New York State Education Department, Division of Educational Facilities
Planning, Member Advisory Committee (1973-75)
Reserve Officers Association of the United States, Northern New
York Chapter, President - 6 years
Society of American Military Engineers, Sustaining Member (1977-79)
University of Nebraska, College of Architecture
Member, Professional Advisory Council (1975-85)
Civic Empire State Chamber of Commerce, Albany, NY
Director 1965-80
Chairman, Education Committee 1960-80
Greater Watertown Chamber of Commerce, Watertown, NY
President 1962-63 Vice President 1960-62
Previously a Director
New York State Association of Industrial Development Agencies
Charter Member, director - 2 years; Vice President - 2 years
National Republican Finance Committee
Member 1972-74
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VITA - Darrel Downing Rippeteau
President, Northern New York-Fort Drum Chapter. AUSA (1985-87)
Association Island Recreational Corporation, Henderson Harbor. NY
Director 1971-79
Jefferson County Historical Society, Watertown. NY
Trustee 1974-76
Thousand Islands Museum. Clayton. NY
Director 1973-79
Shipyard Museum, Clayton, NY
Trustee 1979-present
EDUCATION: University of Nebraska - AB Architecture (1941)
Grade and secondary schools. Clay Center, Nebraska
BIRTHPLACE: Clay Center, Nebraska 14 January 1917
MARITAL
STATUS: Married - 3 children
ADDITIONAL INFORMATION:
- Director, Rail Services Leasing Corp.. Syracuse, NY (l973-present)
- Director, Key Bank of Northern New York, Watertown, NY (1960-present)
- LT.COL, Corps of Engineers, US Army Reserve, Retired
28 years active and reserve duty
- President, Glenn H. Curtiss Wing, OX5, Aviation Pioneers, Hammondsport, NY
- Own and operate three tree farms (two in Jefferson County. one in Lewis
County, NY) producing soft wood timber. Christmas trees, and hard wood
timber. Designated "American Tree Farmer" by the American Tree Farm
Association.
- Director, New York State Forest Practice Board, Albany. NY (1983-present)
- Treasurer and Director, Empire Forest System, Albany, NY (l98S-present)
- Member, First Presbyterian Church, Watertown, NY
President - Board of Trustees
- Member, Black River Valley Club, Watertown, NY
- Member, Grenadier Island Golf Club, Rockport. Ontario Canada (1964-present)
Director 1970-85
- Member, Officers Club, Fort Drum, NY
HONORS: "Nebraska Master" University of Nebraska. Lincoln. Nebraska (March 1971)
"North Country Citation". St. Lawrence University, Canton, NY (October 1971)
Fellow, American Institute of Architects (1972)
"Who's Who in America", Marquis, Current (. past 20 years
PUBLICATIONS: Good Schools Can Cost Less American Legion Magazine c. 1960
Publications and articles for sales. operations and building construction.
TRAVEL: Europe, British Isles. Mexico. Canada, throughout United States and
Caribbean. (1942-present)
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[ITY DF DELAAY IEA£H
100 N \'v 'st AVENUE DEL~':;, BEACH FLORIDA 33444 407/243-7000
M E M 0 RAN DUM
TO: Malcolm T. Bird, Interim City Manager
FROM: Alison MacGregor, Ci ty Clerk Cÿì''!V
SUBJECT: Alternate Date for Regular City Commission Meeting of
March 13, 1990
DATE: February 8, 1990
At the annual organizational meeting of the City Commission held
on March 30, 1989, a motion was passed unanimously to approve the
yearly meeting dates for the Commission, with the caveat that no
meeting would be held on the date set aside for the municipal
election. The First Nonpartisan and Special Election will be
held on Tuesday, March 13, 1990, which coincides with the date
for a regularly scheduled Commission meeting.
The City's Charter (Section 3.07) provides that the Commission
shall meet regularly at least twice in every month at such times
and places as the Commission may prescribe by rule. Since the
regularly scheduled meeting of March 13, 1990, has been cancelled
by prior Commission action, it becomes necessary for an alternate
meeting date to be scheduled.
Staff recommends consideration of Wednesday, March 14, 1990, for
this meeting. It will be necessary for the Commission to meet in
special session on the 14th in order to canvass the returns and
declare the results of the municipal election. While this
special meeting has historically been held at 12:00 Noon on the
day following the election, the Commission may wish to consider
scheduling the Special session for 7:00 P.M. on Wednesday, March
14, 1990, with a regular meeting of the Commission following
immediately thereafter.
It would be appreciated if you would place this matter on the
February 13, 1990, City Commission agenda for direction as to an
alternate regular meeting date in lieu of March 13, 1990.
Thank you for your assistance.
AJM/m
cc: John W. Elliott, Asst. City Manager, Management Services
Robert A. Barcinski, Asst. City Manager, Comm. Services
THE EFFORT ALWAYS MATTERS
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[ITY DF DELAAY BEA£H
'00 N W 'st AVE'\iUE DELRA.Y BEACH f'LG-'<IJA 32444 407 243-7000
M E M 0 RAN DUM
TO: Malcolm T. Bird, Interim City Manager
FROM: Alison MacGregor, City Clerk CliyY\-J
SUBJECT: Handling of Absentee Ballots for First Nonpartisan And
Special Election - March 13, 1990
DATE: February 9 1990
Jackie Winchester, Supervisor of Elections for Palm Beach County,
has notified us that her office will handle the City's absentee
ballots for the upcoming election if we wish to have them do so.
Thi s would mean that their office would coordinate all requests
for absentee ballots, including those mailed and those done on a
walk-in basis, complete all required verifications and register
recordings, and also insure that the absentee ballots are held in
safekeeping prior to ballot counting.
In the past, the City Clerk's office has handled the absentee
ballots. While we have been able to provide this service
adequately to the voters, it does involve a great deal of manual
recordkeeping as well as staff time for trips to the South County
Elections Office for signature verification and travel to the
various polling locations the day of the election to mark the
registers for those individuals voting absentee. The Supervisor
of Elections office is equipped wi th a computerized system for
monitoring requests for ballots, distribution, accounting for
unreturned ballots as well as electronic signature verification.
I believe this would enable them to provide more efficient and
effective service to those voters wishing to cast their ballot on
an absentee basis.
The only disadvantage to this process may be that there are some
voters who are accustomed to coming to City Hall to vote absentee
in municipal elections and they would need to be directed to the
South County Elections Office at 345 South Congress Avenue, Room
102. We would make every effort to inform the voting public of
this change through media notification and informational signs in
the City Hall lobby, City Clerk's office and other appropriate
locations.
Staff recommends that the City Commission authorize the
Supervisor of Elections for Palm Beach County to handle the
City's absentee ballots for the upcoming election on March 13,
1990.
AJM/m
THE EFFORT ALWAYS MATTERS
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7ò: C,"-Y'I' ,L<=V4!"'-1-+-
[ITY OF DELIAY BEA£H
CITY AnORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 DElRAY BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/2784755
i·1E:I0R\ND1JM
Date: February 6; 1990
To; City Commiss2:.on
Malcolm T. Bird, Interim City Manager
Alison MacGregor: City Clerk
From: Herbert W.A. Thiele, City i\ttorney
Subject: Request for Modification of City Code of Ordinances
Typeset Style
Attached hereto for 'leur information and review, please find
copy of correspondence received by the City Attorney's Office
from Sharon L. Martin, Vice President/Editor-in-Chief of
American Legal Publishing Corporation concerning the style for
the City!s Code of Ordinances Book.
Specifi~~y, American Legal Publishing Corporation is
proposing to change the style in the Code Book to the new
typeset style format which is attached to Ms. Martin's letter.
If such a change is agreed to by the City, it is my
understanding that new pages will be provided to the City for
all Code Books at no cost to the City.
It would be appreciated if this matter could be placed on the
next available City Commission agenda for direction to the City
Attorney's Office as to whether we wish to agree to the change
in the type format or not. In the interim, if you have any
questions, please contact me personally.
¡r
HT:ci
cc Sharon L. Martin, American Legal Publishing corporation
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AMERICAN LEGAL PUBLISHING CORPORATION
Ordinance Codification
HOME OFFICE: 133 West Fourth Street/Cincinnati, Ohio 45202
1-800-445-5588
ReglonalOfflces FLORIDA: 754 Candlewood Circle/Ormond BeëlCh. Florida 32174
ILLINOIS: 1300 South Eighth Street/Suite l/P.O. Box 18SS/Springfield. Illinois 62705
KENTUCKY: 1620 Burlington Pike/Suite 2/Florence. Kentucky 41042
OHIO: 50 West Broad Street/Columbus. Ohio 43215
TEXAS: 509 Greenv\lIe Bank Tower/1515 Greenville Avenue/Dallas. Texas 75231
January 11, 1990
--
p;::':.-_..:..~(....., ',.',;'..
Herbert A. Thiele ~-~:lr2;~/~¿/'- .
City Attorney
City of Delray Beach -.".~ .., " . .
100 Northwest First street
Delray Beach, Florida 33444
Dear Herb:
As w~discussed several weeks ago, enclosed is a sample of our
new typesèt style format which we think you will find most
attractive and easy to use. As I told you on the telephone, we
will reprint all of'your codes, as well as your pamphlets, in this
style at no cost to you.
Please let me know at your convenience what you think of the
enclosed model pages.
Very truly yours:
~
Sharon L. Martin
Vice PresidentjEditor-In-Chief
SLMjmh
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! EXHIBIT B I
CHAPTER 151: FLOOD DAMAGE PREVENTION
Section
General Provisions GENERAL PROVISIONS
151.01 Statutory authorization
151.02 Findings. of fact § 161.01 STATUTORY AUTHORIZATION.
151.03 Purpose; objectives
151.04 Definitions The legislature of the state has in KRS
151.05 Interpretation Chapter 100 delegated the responsibility to local
151.06 Application; jurisdiction governmenfal units to adopt regulations designed
151.07 Compliance to promote the public health, safety, and general
151.08 Basis for establishing the areas of welfare of its citizenry. Therefore, the Fiscal
special flood hazard Court of Campbell County, Kentucky does ordain
151.09 Warning and disclaimer of liability the following section set forth in this chapter.
151.10 Abrogation; greater restrictions (Ord. 0-3-87, passed 2-4-87)
Permits
§ 151.02 FINDINGS OF FACTS.
151.20 Development pernút required;
application (A) The flood hazard areas of the
unincorporated county are subject to periodic
Flood Hazard Reduction inundation which results in loss of life and
----- property, health and safety hazards, disruption of
151.35 General standards commerce and governmental services,
151.36 Specific standards extraordinary public expenditures for flood
151.37 Areas of shallow flooding (AO protection and relief, and impairment of the tax
Zones) base, all of which adversely affect the public
151.38 Standards for subdivision health, safety, and general welfare.
proposals
151.39 Standards for streams without (B) These flood losses are caused by the
established base flood cumulative effect of obstructions in floodplair.s
elevations or floodways causing increases in floodplains and velocities,
and by the occupancy on flood hazard areas by
Administzation uses wlnerable to floods or hazardous to other
lands which are inadequately elevated,
151.50 Zoning Administrator; duties and flood-proofed, or otherwise unprotected from
responsibilities flood damages.
151.51 Variance procedures (Ord. 0-3-87, passed 2-4-87)
151.99 Penalty
Cross-reference: § 151.03 PURPOSE; OBJECTIVES.
Flood prevention development controls,
see § 154.059 (A) It is the purpose of this subchapter to
promote the public health, safety and general
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DeDas DeveJopment Code 1
SEC. BIA-4.204. INSTITUTIONAL AND In aU residential and nonreskienUal districts except
COMMUNITY SERVICE USES. the PeA) district.
,
(1) Adult day care facilltv. (C) Required off-street parlång: Two
spaces.
(A) Definition: A facility that provides
care or supervision for five or more persons 18 years (D) Required off-street loading: None
of age or older who are not related by blood,
marriage, or adoption to the owner or operator of the (E) Additional provisions:
facility. whether or not the facility is operated for
profit or charges for the services it offers. (1) Cemeteries are subject to
Chapter II of this code.
(B) Districts permitted: By right in
retail, C5, industrial, central area, mixed ~, and (3) Child-care facility.
multiple commercial districts. By right as a limited
use in MF-3(A), MF-4(A), and office districts. By SUP (A) Definition: A facility that provides
in residential districts. [No SUP required for a care, training, education, custody, treatment, or
linùted use in MF-3(A) and MF-4(A) districts]. supervision for five or more persons under 18 years
of age who are not related by blood, maniagé, or
(C) Required off-street parlång: One adoption to the owner or operator of the facility,
space per 500 square feet of noor area. whether or not the facility is operated for profit or
charges for the services it offers. This use does not
(D) Required off-street loading: include:
SOUARE FEET OF TOTAL REQU1JŒD (1) a facility that is operated in
n.ooR AREA IN STRUCTURE SPACES OR BERTHS connection with a shopping center, business, religious
o to 10,000 NONE organization, or establishment where children are
10,000 to 60,000 I cared for during short periods while parents or
Each addIIk:¡ì~HO.ooo
or fraction 1'-801 I addaloNll persons responsible for the children are attending
religious services, shopping, or engaging in other
(E) Additional provfsJons: activities on or near the premises, including but not
linú1ed to retreats or classes for religious instruction;
(i) The limited use regulations
in this chapter are modified for t1ús use to allow an (ii) a school or class for religious
outdoor recreation area and separate access from instruction that does not last longer than two weeks
the maln buDding to the recreation area. and is conducted by a religious organization during
the summer months;
(ü) This use must comply with
statutory licensing requirements. (lli) an educational facility
accredited by the Central Education Aaency or the
(lli) The persons being cared for Southern Association of Colleqes and Schools that
or supeIVised under t1ús use may not use the facility operates primarily for educational purposes in grades
as a residence. låndergarten and above;
(2) Cemetery or mausoleum. (Iv) an educational facility that
operates solely for educational purposes in grades
(A) Definition: kindergarten through at least grade two. that does
not provide custodial care for more than one hour
(1) A cemetery is a place during the hours before or after the customary school
designated for burial of the dead. day, and that is a member of an organization that
promulgates, publishes, and requires compliance with
(ü) A mausoleum is a building health, safety, fire, and sanitation standards equal to
with places for the entombment of the dead. standards required by state, municipal, and county
codes;
(B) Districts permitted: By SUP only
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M E M 0 RAN DUM
TO: Malcolm Bird
Interim City Manager
FROM: Financial Advisory Services Selection Committee
SUBJECT: Financial Advisory Services
DATE: February 7, 1990
On December 7, 1989, the City Commission requested staff to advertise for
the services of the Financial Advisor to assist the City in the preparation
for future bond sales. An advertisement was placed in The Palm Beach Post
on December 11. 1989. As a result of the City's Request for Proposal
(RFP). 33 financial institutions requested the Request for Proposal
package. The following nine firms submitted proposals:
Evensen Dodge, Inc. Suntrust Securities, Inc.
Meridian Capital Markets, Inc. Florida Municipal Advisors
Arch W. Roberts and Company Citizens and Southern
Raymond James and Associates. Inc. William R. Hough and Company
Public Financial Management. Inc.
After the bid deadline of January 16, 1990, Arch W. Roberts and Company
merged with Raymond James and Associates, Inc. They submitted to the City
a combined proposal on January 30. 1990. We interviewed all eight firms.
Attached is an informational sheet for your reference. The fees have been
adjusted from the RFP response to show the dollar increase in the
Water/Sewer Revenue Bond Issue.
Based upon the proposals and the interviews, the Financial Advisory
Services Selection Committee recommends Public Financial Management, Inc.
(PFM, Inc.) to serve as Financial Advisor for both the $21.492,000 General
Obligations Bond Issue and the proposed $20,000,000 Water/Sewer Revenue Bond
Issue. The reasons for the selection of PFM, Inc. are as follows:
l. PFM, Inc. has served as a Financial Advisor for the largest volume of
agencies in the State of Florida and nationally.
2. Representatives of PFM, Inc. are currently working with the State of
Florida to establish criteria for the selection of underwriters.
3. PFM, Inc. has served as Financial Advisor for very diverse financings
to include:
a. Assisting the City of Port St. Lucie to develop a long-term
financing to meet their storm water drainage requirements.
b. Assisting the Port Everglades Authority to develop financing for
a parking garage revenue bond.
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Malcolm Bird, Interim City Manager
Page Two
February 7, 1990
Their expertise in this area may be invaluable to the City in its
future and pending projects.
4. As a national firm with offices in Florida, PFM, Inc. has been at the
leading edge of innovating financing techniques throughout the
Country many of which may be adaptable to Delray Beach.
5. During the interviews, PFM, Inc.'s four representatives appeared to be
a very professional staff to include one Managing Director who has
served as bond counsel for a nationally recognized firm.
6. PFM, Inc. ' s pricing for both the General Obligation Bond and the
Water/Sewer Revenue Bond is the lowest of all eight bidders.
PFM, Inc. has offered to serve as Financial Advisor for the General
Obligation Bond Issue at a cost of $15,000 and to serve as Financial
Advisor for the Water/Sewer Revenue Bond Issue at a cost of $15,000. The
fees would remain constant even if the City needed to add to the amount of
the Water/Sewer financing.
We have contacted references and they were satisfied with the services
provided by PFM, Inc.
Included are individual packages of all eight proposals for each
Connnissioner.
~(H~'-~' \-, '\'\L~MLJ-~~~
David M. Huddleston, Director of Finance
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Robert A. Barcinski, Assistant City Manager/Connnunity Services
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Rebecca S. O'Connor, Treas~
DMH/sam
Attachment
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M E M 0 RAN bUM
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TO: Malcolm Bird
Interim City Manager
FROM: , David M. Huddleston
/fr Director of Finance
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SUBJECT: 1990 General Obligation Decade of Excellence Bond Issue--
Method of Sale
DATE: February 7, 1990
During our interviews with all eight of the firms who submitted proposals
for financial advisory services, I discussed the upcoming 1990 General
Obligation Bond Issue. All 0 f the representatives concurred that the
appropriate methodology for the sale of this Issue would be through a
competitive bid process. The competitive bid process was the format that
was described to all individuals present at the town meetings of the Decade
of Excellence Bond Issue. The competitive bid process allows all
interested underwriters to review the City's Official Statement and to
submit their best bid, i.e., lowest interest rate.
To date, Mudge Rose has been selected as Bond Counsel and a recommendation
has been forwarded to the City Commission for Financial Advisor. It would
be appropriate at this time for the City Commission to determine the method
of sale. Based upon my conversations with the Financial Advisors, I would
recommend that the City Commission go with competitive bid.
After the selection of the Financial Advisor, we will request that the
Financial Advisor provide a recommendation as to the selection of a
Registrar, Paying Agent, Construction Arbitrage Investment Manager,
Arbitrage Calculator, Printer and other appropriate services.
DMH/sam
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MEMORANDUM
TO: Malcolm T. Bird
Interim City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Ballfield Lighting/Bond Issue
DATE: February 6, 1990
Per my memo of January 16th, Staff has reviewed the potential
sites (Carver Middle Schoo 1, Atlantic High School and Plumosa
Middle School) and met with representatives from Atlantic High
School and Carver Middle School concerning the lighting of
ballfields in the amount of $200,000.00 as approved in the Decade
of Excellence Bond Issue.
It is our recommendation that the lighting improvements be done
to the multipurpose fields at Atlantic High School. Carol
Shetler, Principal, has proposed that she seek funds from the
School Board for renovations (site plan, irrigation improvements,
sod, landscaping, field improvements, etc. ) to the multipurpose
field in conjunction with the lighting improvements proposed by
the City. It is our intention to have at least two ( 2 ) lighted
softball fields and a multipurpose field available for use by the
Ci ty when redevelopment is completed. Since cost estimates are
not complete, its unknown at this time the actual cost of
lighting improvements. If funds are left over, the other sites
will be again consideréd for lighting.
Because of the uncertainty of what use the School Board intends
for Carver Middle School when they build the new Middle School,
we feel that the facilities at Atlantic High School afford more
potential for joint use than the other sites reviewed.
Per your approval, I will begin developing an agreement with the
high school.
Please review and advise.
JìJt~
Jo
Di Parks and Recreation
JW: jmh
REF:JW030
cc: Robert A. Barcinski, Assistant City Manager
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[ITY DF DELRAY BEA£H
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100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243· 7000
MEMORANDUM
TO: MALCOLM T. BIRD, INTERIM CITY MANAGER
FROM: ~b~GATES CASTLE, ACTING PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: CHANGE ORDER #13 CITY HALL EXPANSION
DATE: FEBRUARY ~, 1990
City Commission is requested to authorize Change Order #13 in the
amount of $49,214.12 for the installation of computer cabling in the
new wing for the City Hall Expansion project. This is twinex cabling
and will carry both data and voice (telephone) communication. The
formal Change Order is being prepared by the contractor. This work
needs to be done now while the ceiling is still open in order to save
cost of installation.
As discussed in the City Attorney's memo dated May 3, 1989, to the City
Commission; items such as the cabling and telephone upgrade were not
part of the contract award. It was felt that these items could be bid
separately or added through change order when funding would be
available through interest earnings or funded through the operating
budget. Funding for telephone upgrades was included in the FY89-90
budget.
The original estimate for the twinex cable installation was $29,000.
However, this estimate did not include the following:
$17,000 For materials which were specifically
excluded from the original proposal.
$ 2,000 For additional materials required due
to additional computer connections.
$ 2,000 For additional labor costs due to both
nßw and additional work.
The Change Order price includes $48,214.12 for the work as proposed by
Power Systems Inc., and $1,000 for General Contractor overhead. This
includes costs for attaching patch cables.
The funding for the Change Order is available from unallocated interest
earnings in the 1987 Utility Tax Bond issue per the Finance Director.
Staff and the architect recommends approval.
GDC:rab:kwg
THE EFFORT ALWAYS MATTERS
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Y "5 OFFICE .111IS.I.,··I'IS'~fuILs·nh·.¡ IIII!;\ r,./[.
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t14Y 3, 1989 _ /'
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To: City commission
From: Susan A. Ruby, Assistant City Attorney
Subject: City Hall Expansion Contract
Þ.t a previous meeting of the City Commission, the City Commis-
sion approveç! in concept a change in the scope of work f or the
City Hall Expansion.
At thi$ time, our office, in order to meet legal technicalities
of havi~g funding available for the ent~re project cost at the .
time of contract approval, and for the. purpose of adding
a¡ncndment Number One to the original contract,' evidencing the
changed scope of work, are placing the contract and amendment
bcfore jrOU for your approval_ and also seek the designation of
available funding for the entire project cost.
The original contract deleting the colonade, chair allowance,
stair-widening allowance, picture framing allowance but includ-
long retrofit for fire sprinklers, new fire water main and
hydrants, the south addition, clock tower and 125% bonding
requirement, and completion of the North parking lot was in the
amount of $2,347,333.00
?~endrne~t No.1 deletes the south addition, the clock tower and
reviscs the bonding r~quire.ment to 100%, tncludes a lesser
price for the completion of, the north parking lot and makes
other technical changes which_ reduces the original contract
pri.ce resulting in a revised c:lnt=act- price in the amount of
$1,393,857.00.
''';.-.',
Adàitional costs not included' in the contrac't price include
telephone system voice/data cabling, ·..upgrade of prcsent Essex
t.~lephone system, the City aquiring a Builders Risk Insu.rance
Policy as well as professional fees. Digby Bridges has reduced
his ice from $184,000.00 to $178,000.00. There are additional
supplement.al fees for changes, contact management and
reim..;"ur3ablcs which amount to total additional costs in the
amount of $345,000.00. The cost of the project including the
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Page 2 .
contract as amended plus the additional costs not included in
the Sessoms-Grice, Inc. contract is in the amount of
$2,238,857.00 (excluding Builders Risk Insurance).
Due to the legal requirement, which requires entire project
cost of $2,238,857.00 (which includes a $50,000.00 contingency)
to be funded at the time of contract app~oval, we require
identification of existing funding sources. ¿1 1.~
WB ..J¡J t¡
The Utility Tax Revenue Bond of 1987 provides for 1.5 million
dollar expenditure, leaving an approximate ~OO,OOO.OO balanc-
es, which needs to be funded. The closing on the letter of
credit, which would provide these funds, is not expec~ed until
June of 1989. Therefore, in order to meet ~he legal require-
ment of having full funding available at the time of contract
approval,' our office would suggest that t.~e Jç~ty piedge pro-
ceeds from the. 1987 Utility Tax Bond plus .~O~~OOO.OO from the
General Fund unrestricted fund ;balance, to be reimbursed, if
necessary, or replaced with funds.....obtaiped from the letter of
credit. ,_ _._.
Therefore, the Commission should-vote ~o approve the contract
and Amendment No.1 thereto and ~'vote ; to approve the funding
sources which would cover the total casto! the contract;
'. ~ '.
By copy òf this memorandum to Walter Barry, City Manager, our
office requests the contract Amendment No.1 and the matter of
funding source dcsìgnation be placed on the City Commission
agenda of May 9, 1989.
Should you have any questions regarding this matter please do
not hesi~ate to contact our office.
SAR:rs
cc: Walter O. Barry, City Manager
Fletcher Sessoms
Digby Bridges
Attachments
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J\MENDMENT NO.1 .
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1. Delete entire south building addit~on
"') North addition to remain a~ designed with following
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revisions: Rooms 146, 145, 144, 143, to be revised to
house conference room
3. Delete landscaping additions, relocations, removals -
south building addition.
4 . Delete all utilities underground work at south
addition - Olsak & Ässociatcs drawing 2 Of 8
5. Include sidewalk to south addition - Olsak &
Ässociates drawing _2 of 8
6. Include paving overlay, new storm drainage, sod
r~placement as shown in Civil drawings 2 of 8 - Olsak
& Associates drawing 2 of 8
'7. Include 8" pvc stub out only from C.B.2 to grass area
at new sidewalk -'Olsak & Associates drawing 2 Of 8
8. Delete clock tower in entirety - extend wood trusses
Sheet A-10 and A-19
9. Include Alternate i1 parking lot addition northend -
-'lnclude storm drainage, landscaping, paving - Olsak &
Associates drawing 3 of 8,A-l and L-l
10. Revise 12" stabilized subgrade to compacted subgrade
Alternate 11 and base bid parking - Olsak. & Associates
drawing FP-3
11. Retrofit existing building with fire sprinklers
drawing FP-3
12. Additiona~ water distribution system along NW 1st
Avenue - Olsak & Associates drawing 4 of 8
13. No work in existing commission Çhamber
14. OWner's Contingency Allowance of $50,000.00 included
15. Roof will have a full system 1~ year unconditional
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warranty , ..'
16. Emergency generator will Þe hph'êd in a plastic cover
next to existing genera.tor buildihg, Ma.in switch gear
will remain in existing position -
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CONTRACT SUM WITH .ADDITIONAL COST BREAKDOWN -
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Base Bid . $2,437,777.
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Less - ~I; .i'i:~;~·',
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Alternate i2 - colonnade .. ~'~.~ ;i~~~~:oo..
Chair allowance - ~~~·ðoo.
Stair widening allowance I -20;aOO.
Picture framing allownace 2,000. 177,000.
2,266,777.
Add .
Alternate 13 - Retrofit 56,777.
fire sprinklers._~
Alternate *5. - Water main /23 I 777. ./
<--_/ 2,347 ,33l.
Amendment No.1 .
Delete
South addition 525,598.
Clock tower 6,000.
100\ bond in lieu of 125\ 3,876.
-..... 5 3 5 , 47 4 .
Add
Alternate #1 - North Parking Lot 82,000 453,474
Revised Construction Contract Sum 1,893,857.
- ADDITIONAL COSTS NOT INCLUDED IN ABOVE
Telephone system allowance 29,00.0 -
Upgrade present Essex phone system21,00Ô~
'. : SO , 000
ALLOWANCE
Professional fees
A. Revise4 architectural fee 178:000
B. Supplemental fee for chaLges '15,000
C. Con.tract management ~ 7?r.:0PO
D. Reimbursements . 3~~:OGO
29~,000 345,000
TOTAL PROJECT COST ,. $ 2 , 238 , 857
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Page No 01 Page,
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! POWER SYSTEMS, INC. N2 2569
DATACOM AND PHOTONICS
1025 N. Florida Mango Road IPROIPO§Al
SUite 9
West Palm Beach. Florida 33409
Telephone: (407) 471·5557
FAX: (407) 471·9509 (800) 762·2447
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PHONE I DATE
TO I
City elF De 1 t~.ay Beë\ch JOB NAME I LOCATION ----r-110 7',. tJ:;1
1121121, N. !,oJ. 15.t AVel'"'Lle
Deh~ë:\Y Beach, FL. 33444 Ne¡"J City Hë:\ll Rel'",c,vëlt i c.n
A '-TN ; Greg I-Je I (:oh
Jã8 r'L~18-E~-----jo8 P"éJN~--'-'
We hereby submit specifications and estimates for
QLlë:\r,t i ty: De5:.ct~ i pt i elr, : Pt~ i ce :
18, 675FT. Type 2P Cable (Dat.a 8, Vel i Cl:?) 18,301.50
121 Type 2 Fë:\ceplates =.; 1 '+. 2~5
( 1 Dë:\t.a ~, 2 Te 1 cc. PLII",ches)
242 Data CClnl"'E1ct C:lt~S 1,'::I;~8.74
21:.2 Te 1 c.:. .J acks r~/:'2. 212'
(2PR. , 4 I,ol i'r~ e Jacks)
18 Lc'eep I,oJi \.~ i rIg CI:.r,cel",t t~a t elt~s 3, '36 "1.21../1
(SYS/38, AS/40ø)
18 T"d I",ax D i t~ec·t; CClnr,ect Cab 1 es· 678.60
11;.-'13 Tlo'd I",ax Y A~:.=eb 1 i e5. ~¡, 61210.6;:::
18 T¡,.d na:>-: G\'~eel"l Ba 1 Llr',!~ 1,892.24
~ D i s t rib LI tiel n P.al"lels. S..V+.75
1 o i 5:t \'~ i but: i Q'('I Rac~. 250.00
c_ Ha t~r i 5'. 300-PR PLII".ch De.wn Bl ~:=. :røø.øø
1 Rack Gt~e'LII" d i rig Ki t. '3.25
Teet a 1 Pt~ i ce fClt~ Mëltet"i.a15. 35,639.35
Te.t a 1 Pt~ i ce Felr Labe,t' 8,62"7. 75
Te.t a 1 Je.b Pt~ i ce 44,267.1Ø
Nc.t e : Attar-hil"''] Pë:\tch Cables 121 @ .3~;. 62 p.¿~ . $3,9'+7. 1212 ~'&-\""
\\é Propose hereby to furnish material and labor - complete In accordance with the above speClflC:lLOnS, for the sum of
dollars ($
~ C~~"nnt) QWÛle all ~Q.wÞHND, ~~U HUNl.l/Ü:.1.1 ::;".1 ;t, I Y ::-~Vt:.N llLl/l\l1\D - - ,+ '+, -=:b i. 1 ~~¡
i
All material is guaranteed to be as specified, All work to be completed In a workmanlike
manner according to standard oractlces, Anv alteration or deviatIon from above soeclhca· AuthorlZCd '- ~
tlons InvolvIng extra COSIS will be 9JCecuted only upon wrllten orders. and will become an Slgnalure - - -
extra charge over and above the estlmale. All agreements connngent upon strikes, accldenrs
or delays beyond our controL Owner to carry fire, tornado and ather necessary Insurance Note: ThiS proOO'3al may De
Our workers are fully cov.red by Workmen'! Compensation Ins~rance wltl"ldr.:1wn 011 uS ., not accepreo wIthin 'J ,j '; ~
> .;. ,
Acceptance of Proposal - The above prices, specifications
and conditions are satisfactory and are hereby accepted. You are authorized Slqnaturc ~--- - -"--_. ----- ,-_._._-~--
to do the work as specified. Payment will be made as outlined above.
~ Dale 01 Acceptance: ____ _'_ ________. ~~¡qnature --- -- - -. - -------- - - - - - -.---- (
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C I T Y COM MIS S ION DOC U MEN TAT ION
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TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
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FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 13, 1990
ACCEPTANCE OF AGREEMENTS REQUIRED PRIOR TO ACTION ON
THE FINAL PLAT FOR MORSE SATURN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
accepting certain agreements which have been required as
conditions of approval on the site plan and plat associated
with the proposed Morris Saturn Automobile Dealership.
The property involved is located at the southwest corner of
Federal Highway and Tropic Bay Boulevard (LaMat).
BACKGROUND:
Pursuant to conditions of approval, the following items were to
be addressed through agreement prepared by the applicant:
* Perimeter landscaping along Dixie Highway: allows
deferring installation until such time as Dixie Highway
is widened.
* Traffic Signal: requires the applicant to install a
traffic signal at Federal Highway and Tropic Bay
Boulevard if warranted within one year following final
occupancy.
The proposed agreements have been approved as to form by the City
Attorney's Office and have been checked by the Planning
Department as to conformity with the conditions of approval.
PLANNING AND ZONING BOARD CONSIDERATION:
There is no Planning and Zoning Board recommendation required on
this administrative action. The conditions requiring the
agreements were recommended by the Board.
RECOMMENDED ACTION:
By motion, accept the agreements as offered and authorize the
Mayor to execute the agreements on behalf of the City.
Attachments:
* agreements (2) and cover letters
c:
Malcolm T. Bird, Interim City Manager
DJK/#59/CCMORSE.TXT ~t>
LAW OFFICES OF ,
ROGER G. SABERS ON, P·.A. ~¿:f' f:¡ "I"r- 0"" ...
DELRA Y EXECUTIVE MALL --'- t.l abr~' ON: ..
110 EAST A TLANTtC A VENUE .... -.._-.90
DELRA Y BEACH. FLORIDA 33444 ~~~·Ir. /\; ;~ ¡ ;~:; _ -~)¡;<,~-
(407) 272-8818 .I tJ J ~,;~.. f~:' ,~ 1~'
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January 29, 1990
Mrs. Susan Ruby, Assistant City Attorney
310 S.E. 1st St.
Suite 4
Delray Beach, Florida 33483
RE: Morse Saturn Plat . Agreements
Dear Susan: /
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Please find enclosed two originals of the following Agreements executed by Morse
Operations, Inc., 1) Agreement pertaining to 20 foot perimeter landscape strip;
2) Agreement pertaining to installation of traffic signal.
The Agreements are both in the form you previously approved. I would appreciate
you signing the Agreements on behalf of the City Attorney's Office and having
them placed on the next available City Commission agenda for approval of the
City's execution thereof.
Si~f:;"
ROGER G. SABERSON
RGS/drt
Enclosures
cc: Mr. David Kovacs
Mr. Ed Morse
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[ITY DF'DELAAY BEA£H
JO',,'I ¡co':'.'ó:'njE DEc.8';" 8E":"CH. FLORIDA 33444 407243-ìOO'J
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D,',"c' .:3r'13ry '31... '9°')
~i.'..:'. i'a'v_id KC".ac.:;/ :::':1.-C:;::01:';;£ PLi.nnlng a~'j Z~::.!in9
l"r(.,,,,\ ~:t.:.:;~Hl A. R'_Lby. A.s_3i.sl:ém~ City Attorney
S\lbject~ Mcr'5e Operation.:;, Inc.
Our of f ice has received t\,¡,:) OJ.: iginal per ime ter lands~ape and
tW) original traffic signal agreements. Please ensure that
these agreements meet with the conditions of site plan /
conditional use approval .:tnd, if so, place t.he agreements
before the City Commission for approval.
0¿
S~i
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FEB 0 1 89
~;lANNING &ZONING
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THE Er:FORT AL'/VAYS MATTERS
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AGREEMENT PERTAINING TO PERIMETER LANDSCAPE STRIP
This Agreement is entered into this day of January, 1990 between
Morse Operations, Inc. (hereinafter referred to as "Owner" ) and the Ci ty of
Delray Beach (hereinafter referred to as the "City")
Whereas, Owner applied to the City for Site Plan and Conditional Use
Approval for Morse Saturn automobile dealerships; and
Whereas, the Morse Saturn automobile dealerships are to be located south
of La Mat Ave. lying between Dixie Highway and Federal; and
Whereas, the City approved the Site Plan and Conditional Use subject to
certain conditions; and
Whereas, one of the conditions of approval of the Site Plan and Conditional
Use was the entering into of an agreement with the City, whereby the Owner agrees
that when Dixie Highway is widened that the Owner will provide the required 20
foot perimeter landscape strip adjacent to the expanded Dixie Highway.
NOW THEREFORE, for one dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is recognized from each party
to the other, the parties hereby agree as follows:
l. The abo~e Whereas clauses are true and correct and are incorporated
herein by reference.
2. That the Owner hereby agrees that at such time as Dixie Highway is
widened, the Owner will at that time provide the required perimeter twenty (20)
foot landscape strip adjacent to the expanded Dixie Highway.
3. In the event that the Site Plan Approval and Conditional Use Approval
for the use of the property for automobile dealerships as shown and identified
in file CU 6-302 (located in the Department of Planning and Zoning of the City)
expires, then thij Agreement and the Owner's obligations hereunder shall
terminate.
4. Modification of the Site Plan as shown and identified in the above
referenced file CU 6-302 shall not effect the obligations contained herein.
5. This Agreement shall be binding upon the successors and assigns of the
parties hereto.
IN WITNESS YHEREOF, the parties have executed this Agreement on the date
indicated above.
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resident
CITY OF DELRAY BEACH
ATTEST:
BY:
City Clerk Mayor
Approved as to Legal Sufficiency and Form
City Attorney .
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AGREEMENT PERTAINING TO TRAFFIC SIGNAL ,
This Agreement is entered into this day of January.1990 between
Morse Operations, Inc. (hereinafter referred to as "Owner") and the City of
Delray Beach (hereinafter referred to as the "City")
Yhereas, Owner applied to the City for Site Plan and Condi tional Use
Approval for Morse Saturn automobile dealerships; and
Yhereas, the Morse Saturn automobile dealerships are to be located south
of La Mat Ave. lying between Dixie Highway and Federal Highway; and
Whereas, the City approved the Site Plan and Conditional Use subject to
certain conditions; and
Whereas, one of the conditions of approval of the Site Plan and Conditional
Use was the entering into of an agreement with the City, whereby the Owner agrees
to provide at its expense a traffic signal at the intersection of La Mat Ave.
and Federal Highway; and
Whereas, the traffic signal is to be provided when warranted as determined
by the standard criteria employed by the Traffic Division of Palm Beach County
and the Florida Diept. of Transportation (hereinafter "FDOT"); and
Yhereas, the obligation of the Owner to provide the traffic signal shall
terminate twelve (12) months after the Owner has obtained the final certificate
of occupancy for the automobile dealerships on the property as identified and
shown in file CU 6-302 (located in the Department of Planning and Zoning of the
City of Delray Beach, Florida), pursuant to the approved Site Plan if the Owner
by that time has not been notified in writing by Palm Beach County that the
traffic signal is warranted.
NOW THEREFORE, for one dollar ($1.00) and other good and valuable
consideration. the ieceiPt and sufficiency of which is recognized from each party
to the other, the arties hereby agree as follows:
l. The above Yhereas clauses are true and correct and are incorporated
he~ein by reference.
2. That the Owner, subject to the provisions set forth below, hereby agrees
that at such time as Owner has been notified in writing by Palm Beach County that
the installation of a traffic signal is warranted at the intersection of La Mat
Ave. and Federal Highway, according to the standard criteria employed by the
Traffic Division of Palm Beach County, FL and FDOT, that the Owner will install
a traffic signal, at its expense, at said intersection.
3. The Owner's obligations under this agreement shall terminate in the
event that the Owner has not been notified in writing by Palm Beach County as
set forth above that a traffic signal is warranted, within twelve (12) months
after the final certificate of occupancy has been issued for the automobile
dealerships on the property pursuant to the approved Site Plan, as identified
and shown in file CU6-302 located in the Department of Planning and Zoning of
the City of Delray Beach, Florida.
4. The Owner, after being notified as set forth above that a traffic signal
is warranted, agrees to make the necessary application(s) for its installation
at the Owner's expense and to process the application(s) in good faith to obtain
the permit, however, if any required application to allow the installation of
the traffic signal is denied then the Owner's obligation hereunder shall
terminate.
5. In the event that the Site Plan Approval and Conditional Use Approval
for the use of the property for automobile dealerships as identified and shown
in the above referenced file CU 6-302 expires then this Agreement and the Owner's
obligations hereunder shall terminate. .
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6. Modification of the site plan as shown and identified in the above
. referenced file CU 6-302 shall not effect the obligations contained herein.
7. This Agreement shall be binding upon the successors and assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
indicated above.
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CITY OF DELRAY BEACH
ATTEST:
BY:
City Clerk Mayor
.
Approved as to Legal Sufficiency and Form
City Attorney
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AGREEMENT PERTAINING TO PERIMETER LANDSCAPE STRIP
This Agreement is entered into this day of January, 1990 between
Morse Operations, Inc. (hereinafter referred to as "Owner") and the City of
Delray Beach (hereinafter referred to as the "City")
Whereas, Owner applied to the City for Site Plan and Conditional Use
Approval for Morse Saturn automobile dealerships; and
Whereas, the Morse Saturn automobile dealerships are to be located south
of La Mat Ave. lying between Dixie Highway and Federal; and
Whereas, the City approved the Site Plan and Conditional Use subject to
certain conditions; and
Whereas, one of the conditions of approval of the Site Plan and Conditional
Use was the entering into of an agreement with the City, whereby the Owner agrees
that when Dixie Highway is widened that the Owner will provide the required 20
foot perimeter landscape strip adjacent to the expanded Dixie Highway.
NOW THEREFORE, for one dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is recognized from each party
to the other, the parties hereby agree as follows:
I
1. The above Whereas clauses are true and correct and are incorporated
herein by reference.
2. That the Owner hereby agrees that at such time as Dixie Highway is
widened, the Owner will at that time provide the required perimeter twenty (20)
foot landscape strip adjacent to the expanded Dixie Highway.
3. In the event that the Site Plan Approval and Conditional Use Approval
for the use of the property for automobile dealerships as shown and identified
in file CU 6-302 (located in the Department of Planning and Zoning of the City)
expires, then thij Agreement and the Owner's obligations hereunder shall
terminate.
4. Modification of the Site Plan as shown and identified in the above
referenced file CU 6-302 shall not effect the obligations contained herein.
5. This Agreement shall be binding upon the successors and assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
indicated above.
to Mor~
CITY OF DELRAY BEACH
ATTEST:
BY:
City Clerk Mayor
Approved as to Legal Sufficiency and Form
City Attorney
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AGREEMENT PERTAINING TO TRAFFIC SIGNAL
This Agreement is entered into this day of January,l990 between
Morse Operations, Inc. (hereinafter referred to as "Owner") and the City of
Delray Beach (hereiniifter referred to as the "Cityll)
Whereas, Owner applied to the City for Site Plan and Condi donal Use
Approval for Morse Saturn automobile dealerships; and
Whereas, the Morse Saturn automobile dealerships are to be located south
of La Mat Ave. lying between Dixie Highway and Federal Highway; and
Whereas, the City approved the Site Plan and Conditional Use subject to
certain conditions; and
Whereas, one of the conditions of approval of the Site Plan and Conditional
Use was the entering into of an agreement with the City, whereby the Owner agrees
to provide at its expense a traffic signal at the intersection of La Mat Ave.
and Federal Highway; and
Whereas, the traffic signal is to be provided when warranted as determined
by the standard criteria employed by the Traffic Division of Palm Beach County
and the Florida Dept. of Transportation (hereinafter "FDOT"); and
Whereas, the obligation of the Owner to provide the traffic signal shall
terminate twelve (12) months after the Owner has obtained the final certificate
of occupancy for the automobile dealerships on the property as identified and
shown in file CU 6-302 (located in the Department of Planning and Zoning of the
City of Delray Beach, Florida), pursuant to the approved Site Plan if the Owner
by that time has not been notified in writing by Palm Beach County that the
traffic signal is warranted.
NOll THEREFOi' for one dollar ($1.00) and other good and valuable
consideration, the eceipt and sufficiency of which is recognized from each party
to the other, the arties hereby agree as follows:
l.'The above Whereas clauses are true and correct and are incorporated
herein by reference.
2. That the Owner. subject to the provisions set forth below. hereby agrees
that at such time as Owner has been notified in writing by Palm Beach County that
the installation of a traffic signal is warranted at the intersection of La Mat
Ave. and Federal Highway, according to the standard criteria employed by the
Traffic Division of Palm Beach County, FL and FDOT, that the Owner will install
a traffic signal, at its expense, at said intersection.
3. The Owner's obligations under this agreement shall terminate in the
event that the Owner has not been notified in writing by Palm Beach County as
set forth above that a traffic signal is warranted, within twelve (12) months
after the final certificate of occupancy has been issued for the automobile
dealerships on the property pursuant to the approved Site Plan, as identified
and shown in file CU6-302 located in the Department of Planning and Zoning of
the City of, Delray Beach, Florida.
4. The Owner, after being notified as set forth above that a traffic signal
is warranted, agrees to make the necessary application(s) for its installation
at the Owner's expense and to process the application(s) in good faith to obtain
the permit, however, if any required application to allow the installation of
the traffic si gna1 is denied then the Owner's obligation hereunder shall
terminate.
5. In the event that the Site Plan Approval and Conditional Use Approval
for the use of the property for automobile dealerships as identified and shown
in the above referenced file CU 6-302 expires then this Agreement and the Owner's
obligations hereunder shall terminate. .
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6. Modification of the site plan as shown and identified in the above
referenced file CU 6-302 shall not effect the obligations contained herein.
7. This Agreement shall be binding upon the successors and assigns of the
parties hereto.
IN YITNESS YHEREOF, the parties have executed this Agreement on the date
indicated above.
MORSE OPERAT
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CITY OF DELRAY BEACH
ATTEST:
BY:
City Clerk Mayor
.
Approved as to Legal Sufficiency and Form
City Attorney
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C I T Y COM MIS S ION DOC U MEN TAT ION
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TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
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FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 13, 1990
CONSIDERATION OF A REQUEST FOR AN EXTENSION OF A SITE
AND DEVELOPMENT PLAN - F.D.K. INDUSTRIAL SITE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
granting an extension to a previously approved site plan.
The property involved is located between S.W. 10th and S.W.
8th Streets and between S.W. 12th and S.W. 13th Avenues.
This item was continued from the Commission's previous
meeting at the request of the applicant through the City
Manager's Office.
BACKGROUND:
Please refer to last meeting's documentation for full background
information.
Subsequent to the writing of the previous background, I have had
occasion to discuss this situation with the City Attorney's
Office. It is their opinion that the City is precluded from
granting an extension since it is tantamount to granting a
development order of an activity which is contrary to the
Comprehensive Plan.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board had considered this request in
January and forwarded it with a compromised recommendation of
approval. However, that recommendation did not consider legal
concerns. Such concerns were to have been addressed between the
Board's recommendation and consideration of the item by the
Commission.
RECOMMENDED ACTION:
By motion, deny the request for extension of approval for the
F.D.K. site plan on the basis that the site plan is for a type of
development which is inconsistent with the Future Land Use Map
and other policies of the Comprehensive Plan.
Attachments:
* previous documentation
c:
Malcolm T. Bird, Interim City Manager
DJK/#59/CCFDK.TXT .21
C I T Y COM MIS S ION D O'C U MEN TAT ION
TO: ~ LEVERETT, ADMINISTRA:IVE ASSISTANT III
~"~ ~ù!YL-
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 30, 1990
CONSIDERATION A REQUEST FOR EXTENSION OF PREVIOUS SITE
PLAN APPROVAL -- F.D.K. INDUSTRIAL DEVELOPMENT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a request for extension of the period of
validity for a previously approved site plan. Code Section
173.868(B) applied.
The property involved is 3.2 acres located north of SW 10th
Street, between SW 12th and 13th Avenues.
BACKGROUND:
Please refer to the Planning and Zoning Board staff report which
is attached for -a complete chronology of this project's
processing, citations from the Comprehensive Plan which apply,
alternative courses of actions, and the implications of each.
In short, we have a situation wherein an extension is allowable;
however, the potential development is in conflict with provisions
of the Plan.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this item at its meeting
of January 22, 1990. The Board has recommend the following
compromise action:
that the extension be granted and that it be effective until
such time as either revised development regulations (as
required by the Plan) are adopted or a site specific
rezoning is initiated by and approved by the City (and such
regulations or rezoning prohibits the proposed use).
The time frame for the former course is June, 1990; whereas the
latter may occur as soon as April 24th. A representative of the
project was agreeable to linking the termination of the extension
to a "site specific rezoning". The Board's recommendation is
more inclusive since it also accommodates rezoning through the
revision of development regulations and the general rezoning
which will occur at that time.
RECOMMENDED ACTION:
:-~y motion, approve the request for extension of site plan
approval pursuant to the recommendation of the Planning and
Zoning Board.
Attachments:
Full P&Z Staff Report from its January 22, 1990 meeting
DJK/#58/CCFDK.TXT
PLANNING B ZuNING BOARD
CITY OF DEL RAY BEACH
- -- STAFF REPORT - --
MEETING rnTE: JANUARY 22, 1990 ~0:J
AGENDA ITEM: IV.E. Ù"{ ~ ~V~\ClP
ITEM: SITE PLAN EXTENSION, FDK I~DUSTRIAL DEVELOPMENT h \ -"J ...... .'-" .. .~ r '" II~~I' · I
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GENERAL DATA: /
Owner.......................... .Manfred Franz (et all
Applicant.......................Manfred Franz (et all
Location........................North side of S.W. 10th Street,
between S.W. 12th Avenûe and S.W.
13th Avenue.
Property size......... ..........3.202 Acres (139,463 Sq. ft.)
City Land Use Plan..............Transitional
City Zoninq.....................LI (Liqht Industrial)
Adjacent zoninq......... ........North of the subject property is
zoned RM-1S (Multiple-Family
Residential) . South is zoned L!.
East is zoned RM-6 (Multiple-
Family Residential). West of the
subject property is zoned LI and
RM-6.
Existinq Land Use............... Vacant Land
Proposed Land Use............. ..Four liqht industrial buildings
.....a>:.er Service.............. .....Existinq 6" wa>:.er main on the
north side of S.W. 10th St. and
S.W. 8th St. Also, existing 4"
water line on the east side of
S.W. 13th St. and S.W. 12th St.
Sewer Service...... ........... ..Existing sanitary sewer on the ITEM: IV.E.
west side of S.W. 12th St. and
on the south side of S.W. 10th
St.
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M E M 0 RAN DUM S T A F F R E P 0 R T
TO: ANNING AND ZONING BOARD
CI OF DELRAY BEACH
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FROM: ID . KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: AGENDA. ITEM IV.E * RESCHEDULED MEETING OF JANUARY 22ND
SITE PLAN EXTENSION, FDK INDUSTRIAL DEVELOPMENT
ITEM BEFORE THE BOARD:
The action requested of the Board is that of making a
recommendation to the City Commission with respect to an
extension to the FDK site plan.
Procedures are established by 173.868(B); findings are
pursuant to 173.868(B)(3)(b).
BACKGROUND:
Attached is the staff report which was prepared for the original
approval action. Approval was granted in July, 1988 'by the City
commission. The normal eighteen month time fram~ was imposed;
thus, it would expired in January, 1990. A timely request for
extension was made (see attached letter).
For the benefit of new Planning and Zoning Boardmembers, the
following chronology pertains to this project:
* December, 1986: an informal submission of a 52,243
sq. ft. project
* March, 1987: staff "approval"
* May, 1987: formal site plan submission
* June, 1987: P&Z rejection of the submittal
-- thereafter, many worksessions were held and
permutations of the site plan were viewed
* April/May, 1988: CRA / P&Z consideration of alternative
land use and development in this area
which was impacted by the Aero-Dry
~ontamination issue --- concern with
industrial development in proximity to
the Series 20 wellfield -- no resolution
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P&Z Staff Report
Site Plan Extension, FDK Industrial Developemt
Page 2
* June, 1988: P&Z recommended approval of a 37,810
sq. ft. project
* July, 1988: City Commission approval of the site
plan
,
* November, 1988: City Commission (split vote) directed
that a rezoning action be initiated.
This process could not continue because
of a conflict with the Land Use Map.
Processing was placed on hold until the
Land Use Map was changed.
* May, 1989: P&Z certified the final plat.
* July, 1989: Final Plat approved by the City
Commission and subsequently recorded.
* December 8, 1989: Extension request timely received.
* January, 1990: Expiration date for site plan.
PROJECT ANALYSIS:
In that no construction has begun, the provisions of
l73.868(B)(3)(b) apply. This means that the ten standards for
evaluation of a site and development must be addressed. Please
refer to the previous site plan staff report for such an
analysis. There have been no changes which affect th~t analysis
except for Standard (B). That item is addressed below.
(B) Density or proposed use of the property. Determination
as to what effect the density or proposed use of the
subject property will have on adjacent and nearby
properties and the City as a whole.
In light of concerns raised with the earlier contamination of
the series 20 wellfield, the following policies were setforth in
the Comprehensive Plan:
Land Use Element, Policy B-1.2: Immediately upon adoption
of this Comprehensive Plan, rezoning of Industrial land (LI
District) in Wellfield Protection Zone #3 of the Series 20
Wellfield to another zoning designation shall be initiated
by the Local Planning Agency.
:0Dservation.Element, Policy A-2.2: The geographic area
covered by wellfield protection regulations shall be
expanded to include the area designated as the one foot
drawdown area. A local ordinance shall be created and
adopted in FY 89/90 which extends the requirements of the
County Ordinance to this increased area.
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. P&Z Staff Report
Site Plan Extension, FDK Industrial Developemt
Page 3
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Conservation Element, Policy A-2.3: Within those areas
covered by wellfield protection regulations, uses which may
involve regulated chemicals shall be removed from the list
. of permitted or conditional uses allowed within zoning
d~signations which apply to such property. The ne~ssary
code amendments shall be adopted as a part of the land use
regulation program which follows adoption of the Plan.
Public Facilities Element, Policy B-4.3: Changes to
zoning on parcels located in wellfield zones #1 and #2
prohibiting and amortizing industrial uses shall be a part
of the establishment of revised development regulations
pursuant to F.S. 163.
The FDK development plan is fully contained within Wellfield
Protection Zone 3 ; a small portion (northerly end) of the
property is within Wellfield Protection Zone 2.
Other factors that bear on the Board's recommendation include:
* Pursuant to the Plan, a site plan approved prior to the
effective date of the Plan is not subject to a "consistency"
determination provided that the Plan appropriately vests itself.
* When a site plan comes up for an extension, it (by
definition) is not vested and is thus subject to a finding of
consistency.
* The City's Comprehensive Plan is not offici~lly adopted
until it is officially found in compliance by thé State. At
present, our Plan's status is that the State ·has filed "an
intent" to find it "in compliance".
ALTERNATIVE COURSES OF ACTION:
The above items and the timing of this request present an unclear
situation to the Board. Alternative courses of action include
the following:
l. Recommend that the intent of the Plan is clear that the site
plan should not be extended because of the impact of the proposed
use.
2. Recommend that because of the technical point of the Plan
not yet being officially adopted, the site plan be given an
extension to:
a) the effective date of the Plan;
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. P&Z Staff Report
Site Plan Extension, FDK Industrial Developemt
Page 4
b) until such time as either revised development
regulations (as required by the Plan) are adopted or a
site specific rezoning is initiated by and approved the
. City (and such regulations or rezoning prohibits the
proposed use). The time frame for the former is June,
1990; whereas the latter may occur as soon as April
24th.
c) a specific period or date certain e.g. June 1, 1990,
December 31, 1990, etc.
RECOMMENDED ACTION:
As this item involves an implementation of policy, a firm
recommendation is not provided at this time. Legal
considerations should be set aside by the Board as they will be
further addressed by the City Attorney when this item goes before
the City commission. The Director's general thought is that a
recommendation pursuant to Alternative 2b is most appropriate.
c:
P&Z Staff Report of June, 1988 re site plan review
/
DJK/~57/A:PZFDK.TXT
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MonfreoeG:önz
11 Seneca Rood
Sea RanCh Lakes
Ft Lauderdale. Florida 33308
Dec.e.mbeJt 08, 1989
M!t. David Kovac..6
Di!tectolt o~ Planning & Zoning
City o~ Delltalj Beach
100 N. &J. FiM.t Avenue
Velltalj Beach, Fio~da 33444
Vealt M't. KovaCð:
RE: F~zIVelkIKlnn~d Light.
! ndU6 tJLiaJ. Ve v e.l.o pment
! am helleby Ilequuüng an ex-ten.6..ton oft one yeCVt 601l .the ð.ite
plan appllOva! Ile~e.ived July 12, 7988, 601l the Fll4nzlVe.lklKlnnaiJtd
Pltojec.:t IndU6tJúa.t SUe on the NolLth ð.ide o~ S. (II. 70th. StIlee-t
between S. ~. 12th. Avenue and 13th. Avenue {ðee page 2 06 the
enc.lo~ed StaH RepolLt 06 Ma!! 15, 1989 ~Olt uto.bllihmen.t o~ -t.M.6
d.a..te.
At. that we we welle told the nex-t ðtep vJa4 pf.a.t.t;¿ng and no.tlú.ng
6wr...theJt. Itegalldtng pldM could be done u.ntil. ~i.nal. pla.tting. Hit.
John G!tdnt COMulting Engine~ and Ldnd Sultveyo~ applied 601t
d pldtt in Ve~embeJl o~ 1986 dnd 6.i~hed in Septembell o~ 1989.....
2~!!et1./!h 6!t.Om ðto.ltt to 6i~h at d eoðt 06 $24,197.00. You. Me
pltoba.bl!f awa.lle that much 06 the del..JJ.Y WCt6 Ci1Uðed by con6Ué.t.i.ng
and adcU..t<..o na.t Iteq u..VteJnert.tð b ween the CUy 0 ~ Ve1M.y an d . So u.th
FlolÚda. ~Jatelt Manager.rent.
Vue to the long del.a.y and all. the add.iti.orr.al. ltequ..iJte.menJ'Á
Itequuted by the C1...tlj 06 Ve1Jr.a.lJ, (plta.ðe ðee enc1.oðed ðtaH ltepolLt),
we have loðt Oult 6'¿nancing and pJtO<spec..t 501t tlte development o~
th.i.ð pit 0 peJLty.
It .i...6 my hope you will be able to a~~ommodlLte Uð Ùr OUlt Itequut
ÓOIt alt e.ue.M'¿on. (Ile. have. ceJr.;t¡únl.lj appltecilLted tjOult eoopelU1.tion
in the. PCMt on tlÚA pita je.c.t..
16 !fOU ha.ve altY qUU.UOM, ple.CMe ~ed n!tee to phone me ILt 786-1774.
Sinee.lte.ltj,
~~~"~~ RECEIVED
Ene.
D£C1 1 89
PLANNING & ZONtNG
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[ITV OF OELARY BER[H
CITY ATTORNEY'S OFFtCE ... ¡ : ~ : ...j i I! " \ " :> J \ ( [1 : I ( 11< II ! \ ~ ~..¡ \,.
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Date; February 9, 1990
TCì ~ City Commission
l1alcolm T. Bird, Interim City Manager
From: 5usan A. Ruby, Assistant City Attorney
Subject: Kettlehut Contract Termination - Fees Due
The memorandum of February 5, 1990 from Nancy Davila regarding
the ne90tiation of fees in regard to the termination of the
City's contract: with Kurt Kettlehut Associates, accurately
represents the negotiations and unresolved differences
regarding fees.
As the parties could not agree to the final fee and, thus,
could not reach a final resolution of this matter, our office
recommends that the City Commission make a final determination
and give staff direction as to the amount of fees the City
Conunission would deem appropriate to be paid in order to
resolve this matter: Any decision by the City Commission
regarding payment of fees should be contingent on the City's
receipt. of all plans drawings and documentation from Kurt
Kettlehut, Associates.
The Commission is also requested to give staff direction as to
whether $689.00 should be paid to the Contractor to complete
work on North Congress, South Dixie, and the Tenth Street
overpass projects, which are 90% complete.
your consideration of this matter.
cc Lula Butler, Director of Community Improvement
Nancy Davila, Horticulturist Coordinator
Mr. Kurt Kettlehut
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M E M 0 RAN DUM
To: City Commissioners
Via: Malcolm Bird, Interim City l-lanager
From: Susan Ruby, Assistant City Attorney ;)Q
Nancy Davila, Horticulturist/Special Projects Coordinator
Re: KETTELHUT CONTRACT TERMINATION - FEES DUE
Date: February 5, 1990
Susan Ruby and I have met with Kurt Kettelhut several times since the
termination of his contract on December 12. 1989 in an attempt to reach an
amicable settlement on fees due.
On January 3. 1990 the City was presented with a statement of fees due for
roughly $26.000.00. After a meeting with Kettelhut on January 22, 1990, he
revised his figures slightly to reflect that the City owed him $23,429.37.
Most recently. Susan and I met with Kettelhut on February 1, 1990. and
although we 'have agreed or compromised on some issues. Kettelhut still
contends that the City owes him $22,969.15, whereas, the Staff feels that
the termination amount should be for $16.485.86. A general break-down of
fees due for various categories is as follows:
Inspections - $ 5,253.75
Design fees (contract drawings) 4,021.45
Reimbursables per contract 1,085.66
Extras to the contract 6.125.00
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$16,485.86
The discrepancy between Staff's position and Kettelhut's position is
detailed on page three of this report. The bottom line is that we disagree
on $6,483.29.
Termination of the contract results in $12,324.55 in untapped design fees,
and $15,176.25 in untapped inspections. Extras to the contract, however,
result in a net savings $23,225.80 (Pineapple Grove has a separate funding
code for which $1.850.00 was expended).
Additionally, since several of the projects were 90% completed, we are
asking consideration for the completion of these projects as indicated
below:
Fee to complete North Congress $ 351.45
Fee to complete South Dixie $ 126.67
Fee to complete 10th Street Overpass $ 210.88
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$ 689.00
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KETTELHUT LANDSCAPE CONTRACT - DESIGN FEE SUMMARY
PROJECT $ AMOUNT AWARD i. OF TOTAL PROJ. i.WORK FEE
LOCATION OF BID BUDGET FEE COMPLT. EARNED
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HOMEWOOD BLVD $ 75,551.00 3.21% $ 1,765.50 100.00 $1,765.50
WEST LINTON $ 241,034.00 10.26% $ 5,643.00 100.00 $5,643.00
EAST LINTON $ 101, 961. 50 4.34% $ 2,389.03 100.00 $2.389.03
S.FEDERAL HWY $ 182,839.00 7.79% $ 4,284.50 100.00 $4,284.50
ATLANTIC CORR. $ 78,549.63 3.34% $ 1,837.00 100.00 $1,837.00
ATLANTIC/I-95 $ 162,948.08 6.94% $ 3,993.13 * 100.00 $3.993.13
LINTON/I-95 $ 178,676.31 7.61% $ 4,262.82 * 100.00 $4,262.82
NE 8TH STREET $ 59,260.00 2.52% $ 1,388.51 100.00 $1.388.51
N. FEDERAL HWY $ 234,523.00 9.99% $ 5,494,50 100.00 $5,494.50
MID FEDERAL $ 192,410.00 8.19% $ 4.504.50 60.00 $2.702.70
MID FED DELETE $ 167,590.00 7.14% $ 3,92 7.00 17.00 $ 667.59
LAKE IDA $ 193,290.00 8.23% $ 4,528.94 17.00 $ 769.92
NORTH CONGRESS $ 150,000.00 6.39% $ 3,514.50 90.00 $3,163.05
MID& S.CONG $ 134,680.00 5.73% $ 3,151.50 48.00 $1,522.95
WEST ATLANTIC $ 232,200.00 9.89% $ 5.440.64 17.00 $ 924.91
SE/SW 10TH ST. $ 30,000.00 1.28% $ 702.92 70.00 $ 492.04
SOUTH DIXIE $ 54,060.00 2.30% $ 1,266.67 90.00 $1,140.00
ENTRY SIGNS $ 10,000.00 0.43% $ 234.31 100.00 $ 234.31
--------------------------------------------------------------------------
TOTAL COST $ 2,479,572.52 $58,837.43 $42.675.45
CURRENT BUDGET $ 2,347,000.00 $55,000.00 $38.654.00
DIFFERENCE $ 132,572.52 Fees Due = $ 4,021.45
.
* Project fee was adjusted as a compromise between the amount the Consultant
thought he was due and what the City thought was due. Atlantic/I-95 was ad-
justed upward by $200 from City's figures and Linton by $100.
Revised 2-5-90
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TOTAL FEES DUE KETTELHUT ON BEAUTIFICATION CONTRACT
The following fees are due on invoices submitted to date that Staff feels
are warranted and should be paid. (Fees for contract drawings are listed
separately):
Invoice # 89-146 * Inspection $ 302.50
Invoice # 89-147 * Inspection $ 220.00
Invoice # 89-150 Reimbursable $ 382.71
Invoice # 89-154 Inspection $ 190.00
Invoice # 89-154 Extra $ 315.00 (Median configur. change)
Invoice # 89-155 Extra $1,050.00 (Pineapple Grove Plans)
Invoice # 89-159 * Inspections $2,651.25 (75% on Inspect.Reports)
Invoice # 89-168 Extra $1,610.00 (Comm. approved 12-12-89)
Invoice # 89-169 Reimbursable $ 598.00
Invoice # 89-170 Extra $ 460.00 (slides, computer image)
Invoice # 89-171 Inspections $1,890.00 (75% on Inspect. Reports)
Invoice # 89-172 Extra $1,890.00 (Commiss.Presentations)
Invoice # 89-173 Extra $ 800.00 (Pineapple Grove)
Invoice # 90-101 Reimbursables $ 104.95
---------
$12,464.41
Design Fees Due 4,021. 45
---------
Total Fees Due $16,485.86
. * Invoice # 89-146 and 89-147, Consultant feels that he should be paid and
additional $1,120.00 and $680.00 respectively as an extra for the revision
of head spacing and revisions to plans to hook-up to City water. Staff does
not feel charges are warranted.
Invoice # 89-159, Staff has recommended paying 75% for inspection reports
and not the full amount as reports were not received until January 22, 1990.
Consultant is asking for an additional $883.75.
There is a major disagreement regarding the fees due for Mid-Federal
Highway. Staff feels that the total project cost should have been reduced
significantly when the City Commission agreed that only the areas adjacent
to the extreme east and west right-of-way should be addressed. There is also
a lack of agreement on the percentage of work completed at the time the
contract was terminated. Work produced shortly after termination is
indicative of 60% completion. Consultant states he has finished 90%.
Consultant is asking for an additional $3,799.54 for work on Mid-Federal
Highway.
Total fees that the Consultant is requesting that the Staff cannot support
payment of represents $6,483.29.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
G ' \ ~ ' (0"^
',~/.(-Ll.-L( ,~ ' ~ ~ '--_ _~.,~t(( '? :~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 13, 1990
CONSIDERATION OF A REQUEST TO EXTEND A DEADLINE FOR
SUBMITTAL OF ADDITIONAL INFORMATION - ALL AMERICAN SAD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
granting an extension to a previously imposed deadline
dealing with submission of a site plan associated with the
All American SAD rezoning application.
The property involved is located at the southeast corner of
Lake Ida Road and Davis Road.
BACKGROUND:
Upon first reading of this SAD ordinance, direction was given
that the ordinance would become void if a site plan were not
processed in sufficient time to be before the City Commission on
March 13, 1990.
While a site plan has been submitted and is currently under
review, it will not be acted upon by the Planning and Zoning
Board until March 19th. Thus, it will come before the Commission
on March 26th.
The reason for the original deadline was two-fold. First, to
insure that timely progress was made on the development proposal;
second, to have the item acted upon by the same City Commission
which held first reading. Both original intents will still be
met by granting an extension to March 27th.
PLANNING AND ZONING BOARD CONSIDERATION:
There is no Planning and Zoning Board recommendation required on
this administrative action. However, the Board will be reviewing
and making a recommendation on the site plan itself.
RECOMMENDED ACTION:
By motion, approve the request to grant an extension of the
previously imposed deadline for submission of the site plan for
All American SAD to March 27, 1990.
Attachments:
* letter of request from Roger Saberson
c:
Malcolm T. Bird, Interim City Manager
DJK/#59/CCSAD.TXT
J?'
LAW OFF!CF.S OF
. ROGER G. SABERSON. P.A.
DFl.RAY EXEn'TYVF. \,1....1.1
Iln EAST ....TLA:-.iTIC AVfSL:E
OEI.R.... y nf.Ar:H FI.(1RmA 11444
14071 Fl-!!ö!!'>
,
January 29. 1990
Mr. Malcolm Bird, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: All American Enterprises located on Lake Ida Road - Ordinance 72-89
Dear Malcolm: ,
On October 24, 1989 the City Commission passed Ordinance 72-89 on first reading
to rezone the subject property from POC to SAD. The Commission added to the
approved list of uses "child care". The property owner has been working with
Mark Marsh to prepare a site plan to accommodate the child care use as well as
the additional dedication of right of way which was requested by the City. It
is anticipated that the site plan will be submitted by February 2, 1990 and that
therefore, it will be heard by the Planning and Zoning Board on March 19 and then
depending upon the City Commission's schedule, could be before them March 27,
1990.
In Ordinance 72-89 there was a µrovision inserted at the request of the Planning
staff that required that everything be complete and including second reading of
the Ordinance by March 13, 1990. Based on the above schedule we will not be
able to achieve completion by that date, therefore we would request a 30 day
extension of the deadline from the City Commission. We would hope to complete
this matter as indicated above prior to the end of the 30 day extension, but
would request 30 days to allow some additional flexibility.
Thank you.
Si7cr:;urs ,
ROGER G. SABERSON RECEIVED
RGSjdrt
JAH 3 0 90
cc: Mr. Pat Trussoni
'"' ..-:( PLANNING 'ZONING
Mr. David Kovacs, Planning Director ~~.~
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[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE '. \ -, ¡ \ I [:. : : ! ,~,~:; \ :. ~ ... . '\ ~
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r.mMORANDUM
Date; Fe..oruary 7, 1990
To: City Commission
Malcolm T. Bird, Interim City Manager
From: Susan A. RUDY, Assistant City Attorney
Stilij ect : Claim of Robert Friedman
The above-stated claim was before City Commission previously on
November 28, 1989, wherein the City Commission agreed to
propose a settlement offer in the amount of one thousand
dollars ($1,000) to Mr. Friedman.
Enclosed is a counter offer made by Mr. Friedman, through his
attorney David Riggs, Esq., in the amount of two thousand five
hundred dollars ($2,500) with the additional request from Mr.
Friedman that this counter offer be presented to the City
Commission on February 13, 1990, and that Mr. Friedman be given
the opportunity to address the City commission at the meeting.
You may recall that this claim was made originally in the
amount of six thousand three hun.dred dollars ($6,300) and was
an attempt to secure reimbursement for attorney fees which stem
from the variance proceeding to compel the issuance of a Board
Order by the Board of Adjustment granting a variance to Mr.
Friedman.
Our office's opinion regarding this matter remains as
previously stated; that the City would not be legally required
to pay the above-mentioned attorney's fees, even if the
Friedmans had filed the papers and prevailed in Circuit Court.
However, as previously stated, our review of the claim is based
on the legal basis for the claim and does not address the
equities of the situation.
Please place this matter on the February 13, 1990 City
Commission agenda.
-J'¿¡U
SAR:ci
Attachments
cc David A. Riggs, Esq.
Lee R. Graham, Risk Management Administrator
Members, Board of Adjustment
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~/ H C R &M P .,;,...:---L~__
UNT, OOK, IGGS EHR, .A. C"': ,:;-,,-_._ " ---
ATTORNEYS AT LAW -Cíh' cf ¿e·~;'·y· \:\.';;-->.:"
. - "'G UC3Ch
WEST BUILDING, SUITE ~OO
1900 CORPORATE BOULEVARD, N. W.
ROBERT,J. HUNT· BOCA RATON, FLORIDA 03431
,JOSEPH R. COOK· TELEPHONE: (407) gg7-9223
O"'VIO"'_ RIGGS· TELECOPISR: (407) gg7-e224
RYN... E. MEHR
CL...RK R. KERR. III
W"'YNE .... WEINER
January 30, 1990
. AL.SO AOft04ITTEO N.Y. eAR
Susan Ruby, Esquire
Assistant City Attorney
City of Delray Beach
301 S.E. First Street, Suite 4
Delray Beach, Florida 33483
Re: Claim of Robert Friedman --
Dear Ms. Ruby:
I spoke with my clients, Robert and Marie Friedman,
regarding the status of the offer of settlement from the City
of Delray Beach.
As I previously related to you, Mr. and Mrs. Friedman would
agree to accept $2,500.00 from the City of Delray Beach in full
settlement of their claim arising out of the zoning variance
matter. This offer is for settlement purposes only.
You iñtli-cated to me that the City Commission for the City
- of Delray Beach would have to consider any such offer.
Therefore, I respectfully request that this offer of settlement
be presented to the City Commission at the next meeting, which,
I understand, is on February 13, 1990.
I also request that Mr. and Mrs. Friedman be given the
opportunity to address the City Commission at that meeting.
Please do not hesitate to contact me if you have any
questions or comments.
Very truly yours,
P.A.
By:
David A. Riggs
/dc 5009R/86R
cc: Mr. and Mrs. Robert M. Friedman
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February 6, 1990
MEMORANDUM
TO: MALCOLM T. BIRD, INTERIM CITY MANAGER
FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: FORMAL REQUEST TO APPEAL CAB CONDITIONS IMPOSED ON
SIGN APPROVAL - MGP AUTO SALES, INC.
BACKGROUND
The manager of MGP Auto Sales, Inc. is appealing the decision by
the Community Appearence Board to delete the wording of
"wholesale, export and retail" from their sign. The Board
questioned the wording being necessary on the sign and therefore,
required these words to be deleted and the "MGP" be larger and
"Auto Sales" be repositioned on the sign. The Board also
required that the sign height be reduced from 18' to 16'. Mr.
Newman does not object to the reduced height requirement.
The business is claiming that the elimination of the wording
would pose a hardship because retail is only a part of their of
their business, and not necessarily their prime business. The
company's wholesale trade, "dealer to dealer" is considered the
pr imary business.
RECOMMENDATION
Staff is recommending Commission consideration of the appeal to
the restrictions imposed by the Community Appearence Board to the
Sign approval of the MGP Auto Sales, Inc. A copy of the sign
rendering and minutes of the CAB meeting is attached for
reference.
b:MGP.MB/LY3
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. 407-243-6401
AUTO SALES, INCORPORA TED
~~æ~~~~~~~
619 S.E. 5tn'~AVË~"DELRAY BEACH, FLA. jj4~3
Mrs.Lula Butler
Director of Community Improvements
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444 January 30,1990
Dear Mrs. Butler:
This shall serve as our official notification
to you that we hereby appeal the decision rejecting our
proposed business sign.
The sign as we submitted for approval is
extremly necessary due to the nature of our business. Our
business is primarily directed at the wholesale trade, that
is dealer to dealer. In addition, our wholesale business also
includes exporting automobiles to South and Central America,
Virgin Islands and Puerto Rico. While to propose to retail
to the public,it will not necessarily be our prime business.
Without the sign as proposed indicating
wholesale and export as well as retail it would be impossible
to info~m,attract and generate this type of business,as we
would appear to be a retail only establishment. Limiting our
sign will severely curtail our business, and create a terrible
hardship which we believe will be impossible to overcome.
We respectfully request that our appeal bebrought
before the City Commission Agenda and be put on the calender
at the earliest date.
Your cooperation, consideration and prompt
attention to this matter is greatly appreciated.
rely,
M.G.P. ~~SALES INC.
MURRAY NEWMAN
f-lANAGER
UPJ_.
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MINUTES: Community Appearance Board Meeting
January 24, 1990
Page 8
Mark Marsh Yes
William Wilsher Yes
19. WRIGHT SOUTHERN INC. 90-4615
1901 SOUTH OCEAN BLVD.
DELRAY AWNING INC. 276-5381
INSTALL ENTRANCE CANOPY ON FRONT OF BUILDING
Represented by Don Day. The awning is in white with blue trim with a "W"
logo. Mr. Marsh moved to approve as presented. Seconded by Mr. Eckerle
with the vote as follows:
Jim Smith Yes
Richard Eckerle Yes
Mark Marsh Yes
William Wilsher Yes
19a. TROPIC HARBOR 90-4762
3351 SPANISH TRAIL
JAMES CHAPMAN 276-6397
PAVING
Represented by James Chapman. The plans indicate a removal of a 16'
decorative masonry wall and add a new wall. Mr. Marsh moved to approve
as presented. Seconded by Mr. Smith. Mr. Marsh questioned why the
application could not be reviewed at the staff level since it is a
non-impacting change. The vote is as follows:
Mark Marsh Yes
Richard Eckerle . Yes
Jim Smith yes
William Wilsher yes
20. MGP AUTO SALES INC. 90-4569
619 S.E. 5TH AVENUE
KANE SIGN CO. 243-3144
CHANGE FACE OF EXISTING FREE-STANDING SIGN
Represented by Kevin Kane. The sign is 18' in height. The applicant
stated he is lowering the sign. Mr. Smith suggested 16'. Mr. Eckerle
questioned the wording, "Wholesale, Retail, Export". It was suggested
these words be eliminated and the "MGP" be larger and "Auto Sales"
repositioned on the sign. After discussion, Mr. Smith moved to approve
at 16' and the "Wholesale, Retail, Export" be removed from the sign and
"Auto Sales Inc." be repositioned and stacked and the "MGP" maybe
larger. Seconded by Mr. Eckerle with the vote as follows:
Jim Smith Yes
Mark Marsh Yes
Richard Eckerle Yes
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CITY OF DELRAY BEACH ~
. t LtV 3
100 N.W. Is t Ave., Delray Beach, FL 33444
-
SIGN APPLICATION
Application Date: /- 8 -q() PERt-tIT NO. qO....~50q
BUSINESS OWNERS OCCUPATIONAL LIC. ø PERrHT FEE $
PERMIT FOR: TOTAL SQ. FT.- ~OO
/< Flat Wall Sign Install New Sign
Free Standing Sign J( Change Face Existing Sign
Fixed Projecting Sign Enlarge Existing Sign-
Directional Sign Other
DRAWINGS, SPECIFICATIONS, PLOT PLANS IN DUPLICATE MUST ACCOMPANY THIS APPL.
. PROPERTY CONTROL NO.
BUSINESS NAME M I h. P. AVro -5 ALES /NC·
SIGN LOCATION ADDRESS ,. / 9 5£ STI/. AvG (2- \.f ~ - <0 LflJ '0
NAME /VG VV~N ADDRESS _ PHONE-
s IGN OWNER -MuRRV ~ G /e¡ 5E s;-TJ, Aye; 'f 79 - 3~7
I
SIGN CONTRACTOR KANG S/6N Co 700 NG st-çt. 71, S/"RéeT J $103 -31f4
PROPERTY OWNER M ¡KG
CONTACT PERSON J(eLJ1Ì1 (on e
/ / FREE STANDING SIGN: ð:./Iø I NUMBE~
SIGN SIZE: LENGTH.-.J 0 HEIGHT S HEIGHT FROH GROUND FACES:
SIGN CO~OR(S) (DescE.iption, Paint No. & Chips): ßL(/t Mck'6~NNÐ - w)¡;Te e /~/S
" ILLUMINATED: YES)( NO () S rGN NA IER rALS, p AltITE~ RA r S ED LE TIERS () CAB INET () DTHE":tß,
PROPERTY IS ZONED: ~c... FREE STANDING BUILDING K> PART OF STRIP () ~
GENERAL WORDING ON SIGN M G P A IJT{) 5AL£C; live.. ~I. :,1Cé{'.Ý4L~ ~ ,.l~.g,.'l.. . £- V,Û/1!J.r
----sign contractors must sign below certifying signs under thirty-two (32) square feet will
withstand wind pressure of fifty (50) pounds per square foot. Signs over thirty-two (32)
square feet must include a certificate sealed by a Florida registered engineer (Sec.162.021)
Þ \(.. Signed /~-, A /~-.p
Jr Cóntractor, o~ñër or agent
(Qualifier's si~nature mus be notarized if not signed in person at time of submittal.)
- -------¡-
FREE STANDING SIGN:
1~ Identify streets shown. 't I
LtJekt... "é~ 2. Show distance from sign ~ ~ I
to center of street. \/) '5c:f I
3. Show distance from edge I j' S/~¡..I
of sign to property line. \U I / I
4. Show street frontage '^ I ~ /0 'ser/3ld.,I( I N
where sign is located. - - ~ -.$ ~ -7.1' ->4" RfiEi" . +
FLAT WALL SIGN: I" l.íW E
1. Show height and length of ..,..
building face (location I S
of business bay/suite only) .
2. Show location of sign on
building. I
3. Locate building on above --
plot plan. I- - - - --4
Attach sketch and/or photos of proposed sign indicating size o~ sign, style
and size of lettering, colors tpaint no./chips) and sign materials.
INFORMATION: I MUST NOTIFY SIGN INSPECTOR WHEN JOB IS COMPLETE I
Triple fee will be charged If sign Is in~t~lled before permit is received.
Final inspection must be called 15 days after si~n installation.
Sign permit is void 180 after issuance if not installed.
Appr~ved sign plans ~ust be on-site for all inspections.
FINAL REVIEW ( ) CAB
PRELIMINARY REVIEW ( )
Meetings of the Community Appearance Board are held in the 1st floor
Conference Room, City Hall, 100 N. \-1. 1st Avenue, Delray Beach at 7:00 P.r-t. ,
the seconä and fourth Wednesday of each month.
DECISION AND BASIS OF REnE\.I
APPROVED <)<) /I TABLED ( ) /1 DENIED () I
CO"M.ENTS, [~ tdtok:ð4k-rdä<fle.pt t?utu~ /et/er5.í/&/e Jf?
CHAIRttAN -:&- -rfi L . DATE -1-: '24:/90
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February 7, 1990
,
MEMORANDUM
TO: MALCOLM T. BIRD, INTERIM CITY MANAGER
FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: REQUEST TO EXPAND BOARD TO EIGHT (8) MEMBERS TO ALLOW
PARTICIPATION FROM A NORTH BOCA RATON RESIDENT IN A
NON-VOTING CAPACITY
BACKGROUND
The City Commission established the Education Board as an ad-hoc
advisory body to the City Commission by adopting Resolution No.
54-89, at a regular meeting August 22, 1989. The Resolution
established a seven (7) member board appointed by the City
Commission.
The Board is requesting that the Commission consider expanding
the the board to eight (8) members, with the eighth person being
a non-voting member and a resident of North Boca Raton. This
member will be privileged to the receipt of agenda packages,
meeting notices and other items of communication. The Board
feels that because North Boca Raton is a part of the Delray Beach
attendance boundaries for School Board planning purposes, and any
decision made regarding Delray Beach schools affect North Boca
Ra ton residents, their input and support of the board's actions
would be beneficial.
RECOMMENDATION
Staff is supportive of the Education Board's recommendation to
expand the board to include eight members as represented in their
request. The Commission is asked to consider this request.
b:Educ.A5/LY3
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January 10, 1990
City Commission
City of Delray Beach, Florida
100 N.W 1st Avenue
I Delray Beach, Florida
! Via: city Manager
Re: Petition for reversal of "No Through Trucks" regulation/ Via
Verona
!
,
, Dear Ladies and Gentlemen: \...
Please consider this letter our petition to rev~se a discretionary
determination of the City of Delray Beach Engineering Department
to impose a "No Through Trucks .. regulation with accompanying
~ignage on Via Verona, a public street contained within the Verona
Woods subdivision (no~ known as Ambassador Estates). This has the
practical effect of banning construction truck traffic on a public
street which is bound for Andover immediately next door, but not
banning the same kind of traffic bound for destinations within
Verona Woods.
This prohibition is unfair and discriminatory. The owners at
Andover, including its developers, are taxpayers and citizens of
the City of Delray Beach whose dignity and rights are fully equal
to those of other citizens. The present restriction denies to them
the legitimate use of a public street while allowing an identical
use by others.
Andover Partnership and other owners at Andover hold a private
ingress egress easement access the east 80 feet of Verona Woods,
an area which includes Via Verona. The owners of this easement were
neither requested to, nor did, join in the execution of the plat
of Verona Woods and, therefore, did not consent to any superceding
of its easement rights by virtue of the recordation of the plat.
The action taken at Engineering was taken at the direct request of
legal counsel for the developer of Verona Woods who had been
engaged apparently for the purpose of mitigating or defeating the
use of the easement. The action taken by the Engineering Department
has, in effect, made the City a participant and intervenor in a
private dispute. This is improper.
Andover Prooerties. Inc. .2660 Hamnton Rrirlge Roarl. n~lrav Rcaarh. F1nnti,;¡ 11.ue; .(10e;\ 10?_<nnn (10<' AOO_VAM
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Either all truck traffic should be banned from via Verona or all
truck traffic should be allowed on Via Verona. To do otherwise is
unfair, arbitrary, and very probably, in our opinion, unlawful.
We respectfully request that the Commission reverse the decision
of the Enqt~ering Department and direct the removal of the above
mentioned signage.
Very truly yours,
ANnOVER PARTNERSHIP
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Andover Properties. Inc. .2660 Hampton Bridge Road. Oelrav Beach. Florida 33445 .(305) 392-5000. nOS) 499-R400
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£ITY DF DELIAY BEAEH
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CITY ATTORNEY'S OFFICE :;IU51.. hISTREFT.Sllij ~ PI LR \ ì 111 \\ iL I LtiiIJ)Vr~"'-
407/243-7090 flU CO"II R JI¡- :-~.. -"
,;tP 1 4 b.
S"p r. ~rTlbe1 12, 1989 '- CRING DC.
"
I"'r ¡·li 11 ; ""n MahcT
r"~ , 'í'h:::IT1dS r'leming
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2500 Hampton Bridge Road
·:r-:y.':;C'dch, FL 33141)
:>tJjcct: No 'rhru 'fruck Sign on Via Verona
j:-'Î1.·.t: >'; ~.r s :
:",IU1 ():-..r- j~(~e, after researching the aforementi0ned subj ect and
:' r tCl rneE'tlng with Cit_y staff, has concludeà that traffic an
l tlt st.reer known éiS Via Verona may be regulated by the City.
The placement of a "No 'rhru Truck" sign on Via Verona is '",i thin
t.il<:' City's police power.
Rowever, if your position is that the sign is an unnecessary
regulation or that the sign unduly restricts access to Andover
Estates¡-you may wish to petition the City Commission for the
remQval of the sign,
It is our opinion that any other remedy you may have is with
the owners/developers of Verona Woods. !
Please do not hesitate to contact me if you have further
(~\~~~__~ns .
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cc Michael D. Simon, Esq. ./'
Gates Castle, Assistant City Engineer
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D1sposi t1on: Approved ø DisapprovedO
aeason/Comm~nts:
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GUNSTER. YOAKLEY. CRISER & STEWART. P. A.
ATTORNEYS AT LAW
OAVlD .. AC:f(£JItfI4AN PHILLIPS POINT. SUITE !500 EAST .. . k wtU.1AM8ON I....·'....,
.JACK J. AIELLO 777 SOUTH FLAGLER CRIVE ~~F CIU.-TtRI'-'"""
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DAVID ft, ATI(INeON POBOX .587 ~ 04. O'tKlt I"CT'MDI
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KENNETH .. KALL ...... TELEPHONE '.071 e!5!5-IMO
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DE_ E_ _'TI ..J.AMES A. MINIX
GLENN S. CAMEfIION W£ST PALM BEACH F'LORIDA MJCHAEL V. M.TIIttONt:
,JOHN T. CAIIMODY. ..." eoc.a. "ATON 'L.'OfttOA L. LOUI. IillftlllACHEK
BETTE KESTE" CONlON) S~EN C. .._
.JOHN COIOtII:TT STUART "LOAI[)A AtC:HAIIID ~INO
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THOMAS O. OcCNtLO OUR FILE NUMBER STE llNEN .. "ITCHE'Y
ST~N G DCL\. 09295.00373 ANOIOEW .. _...
EOWAlOO _£'I'
LEtOH E. DUNSTON TfItACI H. IIIIOU.INS
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LA~ .~" P'IItEEMAN WRITER-S OtR£CT DIAL HUM"", _T.SCOTT
ANNA-MARlIE' ~TI: (407)650-0677 MIQCLU: STNttc
~IIIT M. GRAHA114 A oat!: STEW","
DAH.EL A. HANLEY' ..JEF'I"'MY A. STOQN
KENNETH M HAM S£YMOU" S. SUSSMAN
STI;~EN I. HAYP'OllIO MICH.A£:L S. T AMM,NIt()
PAUl. K. HINES June 16, 1989 OONAL.O E. THOMNOH. II
"ICHARD 0 HOLT Il'En" VAN ANDEL.
THOMAS ~_ HUNT STEOOOCN G. -.:..-
""OSEPH IANNO. ""fl. ..JOU::~ A. W~. J"
Þ<EITH oJ. KANOUSE CH~E" Co _EE~EIO
""""'EN o. tCAP\..AN OIItENNtN L WHtTM..,E., """
811tACf"011tO O. KAU"MAN 04AI0C .. WOOL"
TRI;NT S. KlZIAH DAVID S. YONU.£Y
VIA HAND DELIVERY
Mr. Gates Castle
P.E. City Engineer
Public works Complex
434 South Swinton Avenue
De1ray Beach, Florida 33444
Dear Mr. Castle:
As per our telephone con ve r sat ion of June 15th, I am wr i t i ng
to request that the City of Delray Beach place "NO THROUGH
TRUCKS" sign s on the north and south ends of Via Verona road.
This request is prompted by recent construction traff ic on Via
Vero na by the adjacent landowner.
Via Vero na is a sma 11 residential street, ma in ly designed to
provide access to the Verona Woods area. Recently, large trucks
have been us i ng Via Verona as a construction route to ga in
access to the Andover a re a, which is to the south of Verona
Woods. The he a vy truck traffic is c a u sing substantial damage to
the road surface as well as being a source of nu isa nce to the
property owners.
The owner s of property in the Andover area have excellent
access to their land by way of Hampton Bridge Road, which is
only a short distance east on Old Germa nt own Road. S i nc e Hampton
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June 16, 1989
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Bridge Road is on Andover property, the owners would merely be
driving their trucks over their own land. This route seems more
convenient for the construction crews, as it provides a more
direct access to their destination, wh i ch is the Andover
property south of Old Germantown Road.
The pI aceme nt of -NO THROUGH TRUCKS- signs on Via Verona
would not interfere with trucks using Via Verona to serve the
property adjacent to the road, as these trucks would not be
considered -through trucks.- However, these signs would be of
considerable benefit to the property owners in Verona Woods
because the signs would greatly reduce the heavy truck traffic
through this area, prolong the life of the road surface and
preserve the residential character of the area.
If you have any questions concerning this matter, please do
not hesitate to call me. Thank you for your assistance.
Very ;7Y07
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Michael D. Simon
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GUNSTER, YOAKLEY, CRISER & STEWART
PFlOF'ESSIONAL ASSOCIATION
ATTOFlNEYS AT LAW
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£1" DF DELIA' BEA£H
. 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243- 7000
MEMORANDUM
TO: Malcolm T. Bird, Interim City Manager
FROM: Alison MacGregor, City Clerk~
SUBJECT: Logic and Accuracy (L&A) Tests for the March 13, 1990,
First Nonpartisan and Special Election
DATE: February 8, 1990
State Election Law provides that a municipality may designate the
Supervisor of Elections of the County as a representative for the
Logic and Accuracy (L&A) testing of the automatic tabulating
equipment and as an additional member of the City's Canvassing
Board.
The L&A Test for the March 13, 1990, First Nonpartisan and
Special Election will be conducted at 10:00 a.m. on Friday, March
9, 1990, at the Supervisor of Elections office, 345 South
Congress Avenue, Room 102, Delray Beach, Florida. The test prior
to close of the polls will be held at 6:00 p.m. on Tuesday, March
13th, and the test after the election will be held as soon as all
of the precincts have been processed, both at the same location
as above.
Since we are now using the punch card ballot system for the
absentees, it is again recommended that the absentee ballots be
counted on election night along with the regular ballots. This
will allow us to receive a complete accounting of all voting
results, both regular and absentee, on one computer printout.
Authorization should be given for the Supervisor of Elections to
assist in the canvassing of absentee ballots.
This procedure for designating the Supervisor of Elections as a
representative has been followed for several years and has proved.
to be quite satisfactory.
This action requires approval by motion of the City Commission;
therefore, it is requested that the matter be placed on the
February 13, 1990, agenda.
cc: John W. Elliott, Asst. City Manager, Management Services
Robert A. Barcinski, Asst. City Manager, Comm. Services
THE EFFORT ALWAYS MATTERS
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£IT' DF 'DELIA' BEA£H-
100 NW. 1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243· 7000
,
M E M 0 RAN DUM
TO: Malcolm T. Bird, Interim City Manager
FROM: Alison MacGregor, City Clerk~
SUBJECT: Pollworkers For Municipal Election
DATE: February 9 1990
Attached is a list of individuals who have expressed an interest
in working as clerks or inspectors for the upcoming First
Nonpartisan and Special Election to be held on Tuesday, March 13,
1990. The City Commission should approve this list and direct
that the City Clerk be responsible for selecting a sufficient
number of individuals to work at the polls and conduct the
election.
It would be appreciated if you would schedule this matter for the
February 13th City Commission regular meeting agenda.
Thank you for your' assistance.
AJM/m
Attachment
cc: John W. Elliott, Asst. City Manager, Management Services
Robert A. Barcinski, Asst. City Manager, Comm. Services
THE EFFORT ALWAYS MATTERS
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Last Name First Name Address !:!£ Phone
Abrams Evelyn 2320 S.W. 22nd Ave., #210 33445 278-9122
Alfard Mary R. 31 N.ttJ. 14th Avenue 33444 278-3094
Barletta Rose 852-A High Point Blve. N. 33445 272-5982
Bellus Shirley 1111 Cactus Dr.,CB-16,#2 33445 272-7135
BiIow Bernice G. 1141 Boxwood Dr., #C 33445 276-8809
Bisogno Alfonso C. 343 Flamingo Lane 33445 498-8075
Blieka Anna 5090-B N.W. 3rd Court 33445 498-3007
Bradford Regina C. 2717 Florida Blvd., #422 33483 278-0552
Brand Dorothy 4574 N.W. 3rd Street 33445 498-1353
Brooks Dorothy 1080 Mahogany Way 33445 278-9877
Brown Mattie C. 301 N.W. 7th Avenue 33444 272-8610
Brown Richard M. 301 N.W. 7th Avenue 33444 272-8610
Brunner Edith 210 N.W. 9th Avenue 33444 276-6953
Burgess Emily 116 S.W. 8th Avenue 33444 278-1467
Carow Phil 1333 N.W. 4th Avenue 33444 272-6808
Cofman Beatrice 1277-A High Point Blvd. W. 33445 498-8143
Colla Frances 835-A North Drive 33445 272-4359
Collins Rollin 3001 Linton Blvd., #C-105 33445 498-3222
Collins Violet C. 3001 Linton Blvd., #C-105 33445 498-3222
Coltman Jane 3401 Spanish Trail, #253-G 33483 278-8652
Coltman John 3401 Spanish Trail, #253-G 33483 278-8652
Cooper Celia 1010 Dotterel Road, #501-4 33444 278-6829
Daly Helen 707 Tropic Isle Drive 33483 278-0651
Danzig Sylvia 1051 Orange Terrace 33444 276-8681
Dazey Elaine 114 N.W. 16th Street 33444 278-2500
Dearstyne Beatrice I. 2829 Florida Blvd., #305 33483 278-9211
DeFoe Mildred 142 Mockingbird Lane 33445 495-9412
DeMarco Frances 1295-D High Point Place 33445 498-7420
DePasquale Frances M. 2826 Crown Court 33445 276-3580
DePasquale Louis 2826 Crown Court 33445 276-3580
Diamond Beatrice 1030 Flame Vine, CB-5 33445 272-6553
DïCo rpo Marie F. 741 Whippoorwill Lane 33445 498-0999
Dini John F. 200 MacFarlane Drive, #N505 33483 276-0537
Doerr Betty 1350 N.W. 18th Ave., CB-101 33445 278-7196
Donshik Pearl 1945 N.W. 13th Street, #102 33445 272-6995
Donshik Sidney 1945 N.W. 13th Street, #102 33445 272-6995
Doyne Edith 900 Greensward Lane 33445 498-8121
Drazba Margaret M. 700 Lindell Boulevard 33444 278-2685
Dunn Ethel 1050 Citrus Way 33445 276-0916
Ehle Elsie 2829 Florida Boulevard 33483 276-2098
Ehle Otto 2829 Florida Boulevard 33483 276-2098
Eriksen Juanita 432-D High Point Drive 33445 278-6707
Ewers Mae 217 Andrews Avenue 33483 273-3509
Fasati Mrs. 1010 Dotterel Road 33444 272-5559
Feldman Herman 2500 Juniper Drive, #202 33445 272-5309
Feldman Lillian 2500 Juniper Drive, #202 33445 272-5309
Feldstein Violet 1945 N.W. 13th Street 33445 272-7681
Ferguson Myron 1395 N.W. 32nd Avenue 33445 276-8414
Fidel Rina 1141 Violet Terrace 33445 278-3370
Fine Leanore K. 1270-D Club Drive West 33445 498-8510
Flaskamp June Rose 557 N.W. 50th Avenue 33445 498-7073
Ford Anne R. 700 Lindell Boulevard 33444 272-7791
Frieder Lenore 1425 S.W. 27th Avenue, CB54 33445 278-3503
Gabel Raymond J. 725 Whippoorwill Lane 33445 498-7109
Galloway R. Bruce 3264 Lakeview Drive 33445 498-4192
Galloway Virginia 3264 Lakeview Drive 33445 498-4192
Genhold Josephine 1430-D High Point Way 33445 498-8477
Goldberg Charles 1131 Boxwood Dr.,CB-13 33445 272-7459
Gonder Ellen 657-C High Point Drive 33445 278-9408
Goodelman Max 1540 N.W. 20th Ave. ,CB-122 33445 278-4425
Gotz Esta 1041 Orange Terrace, #103 33445 278-6880
Gotz Louis 1041 Orange Terrace, #103 33445 278-6880
Grambow Victoria E. 333 S.E. 4th Avenue 33483 276-5759
Green Gwendolyn 342 N.W. 3rd Avenue 33444 278-2219
Greenhut Lillian 1110 Mahogany Way, CB 33 33445 272-5519
Greenhut William 1110 Mahogany Way, CB 33 33445 272-5519
Gregory Rena 222 Seacrest Circle 33444 276-6977
Grossman Lucille 2390 N.W. 15th Street 33445 278-8290
Heilbronner Ruth H. 2401 Del Aire Blvd.,t101 33445 272-8326
Hennessey Dorothy 910 Dogwood Drive, #3'47 33444 272-4519
Higgins William L. 870-A High Point Blvd. N. 33445 272-8171
Hoffman Mary K. 310 N. Swinton Avenue 33444 278-4683
Howard Esther H. 200 N.W. 2nd Street 33444 278-3765
Howard Rose 2520 Re~ Hibiscus, CB#14 33445 276-2233
Howard ~lilliam 200 N.W. 2nd Street 33444 278-3765
Howenstine Hazel 1700 Dover Road, #113-A 33445 498-3120
Hugh Helen 3008 Dunlin Road 33444 272-6615
Hughes Ira 2800 Fiore Way, #104 33445 272-5259
Humphreys Frances M. 2703 Knight Lane 33445 278-7421
Ives Helen 1120 Mahogany Way 33445 272-5459
Ives Irwin 1120 Mahogany Way 33445 272-5459
Ivy Lemon 226 S.W. 4th Avenue 33444 276-6541
Jiggins Agnes 514 Rye Lane 33444 278-4834
Jones Mina 2724 Peer Lane 33445 272-7875
Kanir Lilyan 672-B High Point Blvd. N. 33445 278-7801
Kantor Arlene 1860 N.W. 13th St. ,CB-106 33445 276-1890
Kantor Harold 1860 N.W. 13th St.,CB-106 33445 276-1890
Keen Betty 1534 N.E. 3rd Avenue 33444 276-9654
Kellerman Mathilde 1382-D High Point Way 33445 498-0288
Kierstein Ann 1060 Citrus Way, # 201 33445 278-8668
Kierstein Leo 1060 Citrus Way, #201 33445 278-8668
Koenig Wilma 2520 Red Hibiscus, CB 14 33445 272-1623
Kopietz Eunice 1041 Flame Vine, CB 10 33445 278-9343
Kopietz Walter 1041 Flame Vine, CB 10 33445 278-93043
Kosik Ann 2720 Knight Lane 33445 216-4973
Kretsky Ethel 1121 Lemon Tree Terr, CB 35 33445 272-3962
Landy Harriet 1000 N.E. 9th Avenue 33444 276-3226
Laster Iverson 511 N.W. 2nd Street 33444 276-4992
Leff Herman B. 4550-B N.W. 2nd Street 33445 499-0581
Legat Delena 527 Jaeger Drive 33444 272-4602
Legat Milton 527 Jaeger Drive 33444 272-4602
Lobel Marion 1421 S.W. 27th Avenue 33445 272-0545
London Mabelle 1100 Mahogany Way 33445 272-3535
London Murray 1100 Mahogany Way 33445 272-3535
Long Helen 46 North Swinton Avenue 33444 276-4370
Macy June K. 2401 Del Aire, CB-7 33445 272-9215
Malloy Frances 4760-C N.W. 3rd Street 33445 499-2247
Mandell Harriet 2828 Casita Way, #206 33445 272-5064
Maus Mary 501 Dotterel Road, #26-C 33444 272-6439
McComb patricia 3548 Lakeview Drive 33445 278-7990
McManus Margaret 217 Cardinal Lane 33445 498-7228
Messer Cora L. 215 N.E. 1st Avenue 33444 276-4359
Moran George 114 N.W. 16th Street 33444 278-2500
Morley Barbara 102 N.W. 16th Street 33444 272-4756
Nigro Louis 325 Flamingo Lane 33445 498-0773
Nigro Marie 325 Flamingo Lane 33445 498-0773
O'Flynn Thomas 530-D High Point Drive 33445 276-0075
Ollmert Richard M. 1042 Seaspray Avenue 33483 278-8264
Orr Pat E. 1131 Boxwood Drive, CB-13 33445 272-4013
Papernik Bertha 1100 Mahogany Way, #104 33445 278-5874
Parisi Annette 232-D High Point Court W. 33445 276-4272
Pasquariello Alfred 812 N.E. 8th Avenue 33444 272-5826
pendill Edna Mae 1020 Del Aire Ct.,#l-B 33445 276-6398
Phillips Lillian 132 N.W. 7th Avenue 33444 276-4393
Piekarz Nick 1020 Citrus Way 33445 272-3540
Pittel Adeline 1915 N.W. 10th Street 33444 272-1135
Pluese John 162-C High Point Terr. W. 33445 278-8868
Pluese Mary 162-C High Point Terr. W. 33445 278-8868
Port Joel 2146 N.W. 10th Street 33445 272-3886
Port Rose 2146 N.W. 10th Street 33445 272-3886
Portner Victor 557 High Point Drive 33445 276-7408
Prague Burton S. 1140 Mahogany, CB31-104 33445 272-0498
Prague Sylvia Z. 1140 Mahogany, CB31-104 33445 272-0498
Purdy Guy 996 N.W. 29th Avenue 33445 276-7060
Purdy Velda 996 N.W. 29th Avenue 33445 276-7060
Quaranta Angela 1940 N.W. 13th Street 33445 278-2597
Reale Victor 1121 Cactus Terr., #102 33445 276-8326
Riegler Henrietta 765-A High Point Drive E. 33445 278-1421
Rog Netty 2940 S.W. 22nd Ave., #709 33445 278-5590
Rosenbaum Albert 2511 Black Olive Blvd., #D 33445 272-6336
Rosenbaum Mildred 2511 Black Olive Blvd., #D 33445 272-6336
Rosenberg Jack 1541 N.W. 20th Ave., CB-120 33445 272-1528
Rosenberg June 1541 N.W. 20th Ave., CB-120 33445 272-1528
Rosenberg Norman 4855-B N.W. 2nd Street 33445 495-2923
Rosenberg Sylvia 4855-B N.W. 2nd Street 33445 495-2923
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Rosenzweig Helen 2830 s.w. 15th St., CB-61 33445 272-7582
Rosenzweig William 2830 S.W. 15th St., CB-61 33445 272-7582
Rothberg Edythe 1130 Violet Terrace, #D 33445 272-6066
Rothberg Samuel 1130 Violet Terrace, #D 33445 272-6066
Royce Betty A. 259 Homewood Boulevard 33445 272-3169
Royce John A. 259 Homewood Boulevard 33445 272-3169
Rubin Ethel 1150 Boxwood Drive, CB-20 33445 272-6044
Ryan Kathleen J. 1372-B High Point Way 33445 498-8585
Sacks Myra 1050 Citrus Way, C-190 33445 278-5462
Schacher Helen 2381 Sumac Court, #28 33445 272-4151
Scherer Mildred M. 88 South Ocean Boulevard 33483 278-0919
Schultz Alice 1080 N.W. 19th Terrace 33445 278-5037
Schwartz Charles 1275-A High Point Place 33445 498-8554
Schwartz Ruth 1275-A High Point Place 33445 498-8554
Seifert Claire 545-D High Point Drive 33445 276-2293
Selig Joan 3011 Linton Boulevard,#105-D 33445 276-8984
Sher Edward 1641 N.W. 20th Ave.,CB-122 33445 278-4992
Sherman Ida 867-D North Drive 33445 272-4059
Shpack Max 2431 Black Olive Boulevard 33445 272-2641
Silverman Bernard 1520 N.W. 18th Ave., CB-145 33445 278-6281
Silverman Ruth 1520 N.W. 18th Ave., CB-145 33445 278-6281
Sloan Annie R. 324 N.W. 15th Street 33444 276-4497
Sloan J.N. 324 N.W. 15th Street 33444 276-4497
Smith Joyce 31 S.W. 9th Avenue 33444 278-4301
Sohmer Roslin 2345 N.W. 14th Street 33445 265-1234
Soloway Sidney 1835 N.W. 13th St., CB-105 33445 272-1713
Soloway Hattie 1835 N.W. 13th St., CB-105 33445 272-1713
Spade Florence G. 585 S.E. 6th Avenue 33483 276-4210
Stackhouse Ben 819 Meadowlark Lane 33445 498-8302
Starr Florence 1130 Violet Terr., #B 33445 272-3967
Starr Milton 1130 Violet Terr., #B 33445 272-3967
Stillman Ann 788 N.W. 32nd Avenue 33445 276-6585
Stitzer Warren W. 600 Lindell Blvd., #306-6A 33444 278-6931
Stokes Minnie 39 S.W. 2nd Avenue 33444 278-7099
Strompf Rose . 1150 Calamondin Terr., CB-22 33445 272-7157
Sullivan Terrance 1700 Dover Road, #213-A 33445 498-3722
Swem Martha 220 MacFarlane Dr.,#203-S 33483 276-4086
Syrop Anne 1322-A High Point Place 33445 498-7456
Syrop Leonard 1322-A High Point Place 33445 498-7456
Terry Emma 947-B Circle Drive 33445 272-2057
Thomas Lenora 320 N.W. 6th Avenue 33444 276-6771
Vanis Lillian 1412-A High Point Way 33445 498-0316
Vedelli Joseph 840 Meadowlark Lane 33445 498-8705
Vitale Rose 827-C North Drive 33444 276-8436
Waldman Roselyn 2800 Fiore Way, #5-102 33445 272-1894
Walsh Mary 2740 S.W. 22nd Avenue 33445 278-7619
Walter Martha 910 Dogwood Drive 33444 272-4510
Wieder Mr. Jean 1621 N.W. 20th Ave., CB-121 33445 272-3893
Wieder Rose 1621 N.W. 20th Ave., CB-121 33445 272-3893
Wilson Margaret 1050 Dotterel Road 33444 272-6596
Winer Elaine 1110 Boxwood Drive, #103 33445 272-7958
Wolf Ruth 1420 N.W. 20th Ave., #203 33445 276-3587
woodside Herbert 310 N.W. 6th Avenue 33444 272-6508
Worthing Hallie P.O. Box 2143 33444 272-2030
Yorkilous Helen 1340-A High Point Way S.E. 33445 498-7218
Zipkin Shirley 1151 Calamondin Terrace 33445 272-4978
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[IT' DF DELIA' HEAEM
CITY AnORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 DELRAY BEACH. FLORIDA 33483
407/243-7090 TELECOPIER 407/2784755
HEMOR1~DUM
Date: February 8, 1990
To, Ci ty Conuni5sion ¡'TV
From, Jeffrey S. Kurtz., Assistant City Attorney 1)
Subject: Modification of Mausoleum Sales and Development
Agreement
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At the City! Commission's January 30, 1990 meeting, the
Commission agreed to amend the agreement with Prearrangements
of Delray, Inc. in accordance with Joe Weldon's January 9, 1990
memo which is attached hereto for your reference. Also
attached is a copy of Amendment No. 2 to the Agreement which
memorializes those changes and will be placed on your consent
agenda for approval at the regularly scheduled meeting of
February 13. Amendment No.2 extends the time for below ground
crypt/lawn crypt escrow accounts to be fully funded until June
5, 1990 and reduces the average sales volumes that Prearrange-
ment of Delray would have to make from $500,000 to $250,000
after the fourth year.
If you should have any questions concerning this matter, please
do not hesitate to contact our office or Joe Weldon.
JSK:sh
Attachment
cc: Malcolm T. Bird, Interim City Manager
Joseph Weldon, Director of Parks & Recreation
<i:J J}'.1I-.ar.". Administrative Assistant III
Russell Yeager
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. MEMORItN'DUM eCelVED
JAN 1 0 90
TO: Malcolm T. Bird C
Interim City Manager OMMo aves. GROUP
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FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Prearrangements of Delray, Inc. Agreement
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D1\TE: January 9, 1990 !/
On February 5, 1990 approximately $27,127.00 (less credits) is.
due to be deposited in the cemetery construction escrow account
by Prearrangements of Delray, Inc. Russ Yeager of
Prearrangements has requested to defer about $10,777.00, funds to
construct the lawn crypt garden, until June 5, 1990. The purpose
of this request is to allow Mr. Yeager to contact each of the 69
persons who purchased lawn crypts and allow them, if they desire, .
to convert them into regular burial plots and/or a vault. There
seems to be some question with the way the previous company
marketed the lawn crypts whether some of those purchasing them
understood what they were buying. 1\lso, although it was
originally intended to have a lawn crypt section adjacent to the
mausoleum, upon further review, ~r. Yeager and I agree th¡s is
~ot desirable for maintenance and aesthetic purposes.
For clarification, a lawn crypt can either be· a .~~ngle or double.
. I f a double, it is one casket. bur1ed on top of a.nother· in a
single burial plot in a preconstructed concrete form that·- takes','
the place of purch'asing a vault.. .If a single,' only one casket is'
buried in the plot. Those who purchased a double l~wn crypt for
$1,500.00 could exchange them for two (2) burial plots ( $350.00
each) and two (2) vaults ($550.00 each). Those who purchased a
, ...-:~o$..~.z:\gJ~ lawn crypt for $750. 00 coul~ exchange them for a burial
plot ($350.00 each) and a vault ($550.00 each). For those who
understood wpélt they purchased and . want the. lawn crypts, a
section of ~e cemetery will be set asid~ ~or this purpose. If
exchanges ~re made, the ecçnomic impac~ to the City would be to
increase its commissions while revenues would be: deposited" in the
merchandise escrow for vaults instead ·of· the construction escrow
---~or lawn crypts. (see attached c~mpari.son) ì
Mr. Yeager is also concerne.d with Section 13 ; t page. 15) . of . . the.
agreement which requj.r.es.- 'Prearran~emen~s; : of Delray..,. ·,.,Inc·.: . 'to..:
maintain $500,000.00 in sales, t·avE)rage ).'af.ter-· the fourth :'Yea~: of .
the agreement, or the City hasth~ right· to'ca,ncel the: agreement. '
Mr. Yeager indicated the, pr9blems' he,· has encoµntered·· has slowed··
sales. The original intent of this· section was to' set a,
performance standard.. I recommend, this figure' be reduced to
$250,000.00 in sales (average) after,· the -~ fouJ:tþ"; year of :.:the : ::
contract. In a meeting. with Mr.. Yeager_ on'. January4tq.,.
representatives of th~ Finance Department. and City A~torney' s
Office were present and_they .agre.e-:wit~ these:'r~.qu~~s·, ...i..'. '.\......" ....~
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Malcolm 'T. Bird. . .
Prearrangements of Delray, Inc. Agreement
January 9, 1990
. Page 2
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This past year a master plan was completed. for the existing
cemetery and. its additional ten (10) acres. I request you review
this plan, and if it meets your approval, it be presented to City
Commission along with these requests f r..øm Prearrangements of
Delray, Inc. for their consideration. ,1/
I would appreciate meeting with you at your convenience to
discuss this matter further.
Please review and advise.
U .
Parks and Recreation
JW: j mh
REF:JW003
cc: Robert'A. Barcin~i, Assistant City Manager
Jeff Kurtz, Assistant City Attorney
Dave Huddleston, Finance Director
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LAWN CRYPT vs. BURIAL PLOT AND VAULT
The following is the breakdown of commission paid to the City and
: amounts deposited in escrow for lawn crypts and burial plots and
vaults for comparison purposes.
\ PAID PAID DEPOSITED
COST TO CITY TO CITY IN ESCROW
lawn crypt-single $750.00 25\ $187.50 $137.00
burial plot-single $350.00 50\ $175.00 -0-
vault-single $550.00 20\ ~ $110.00 $137.00
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Thus, if a person exchanges a single lawn crypt for a burial plot
and a vault, the amount paid to the City will increase from.
$187.50 to $285.00 and the $137.00 -will be deposited in the
merchandise escrow account instead of the construction escrow
account.
\ PAID PAID DEPOSITED
COST TO CITY TO CITY IN ESCROW
lawn crypt-double $1,500.00 25\ $375.00 $275.00
burial plot-double $ 700.00 50\ $350.00 -0-
vault-double $1,100.00 20\ $220.00 $275.00
Thus, if a person exchanges a double lawn crypt for two ( 2 )
burial plots and two (2) vaults, the amount paid to the City will
increase from $375.00 to $570.00. and the .$275.00 will be
deposi ted in the merchandise escrow account, instead· of· the . ...
constructioh escrow account~. ¡~.
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\ , r ::arrangements of Delr; . ) Inc.
, AGENT FOR DEl.RA Y BEACH MUNICIPAL CEMI:.. ..&
December 19, 1989
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Mr. Joseph Weldon
Director of Parks & Recreation
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Joe,
We have been operating this business for approximately
six months and have been doing a good job for the citizens
of Delray Beach.
During this period we have been "cleaning up" the mess
left by previous management and their record keeping
was pathetic.
We started advertising for sales approximately October 1,
1989 and this "dvertising is producing leads. The major
and really only complaint we get is the location of the
cemetery. Even.though I sell the new entrance off S.W.
lOth Street, people are still reluctant. When the new
entrance is completed I am sure this will make quite a
difference.
We have funded the escrow arrears, ,~. . .
escrow account-s . ~..,. ... .....--
current and mqst importantly city commissions arrears and
currentts agrèed. In order to do this wfl are funding
the bus ness at the rate of $3,000.00 per month in order
to keep operating. It is for these reasons I am requesting
the following: ¡
1. We will fund the merchandise accrual as agreed in
February approximately $16,000.00 less credits
and adjustments.
110 East Atlantic Avenue. Suite 114 · Delray Beach, Aorida 33444 . (407) 276-6601
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AGENT F DE1..RAV BEACH MUNICIPAl. CEMEtERY
December 19, 1989
PAGE TWO
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2.I would like to defer the L~wn Crypt Gardens
portion (10,777 per Ernst & Whinney audit) until
approximately June. The reason for this request
is to allow me time to contact each Lawn Crypt
Garden contract holder and attempt to convert them
to a space and vault in our regular cemetery. So
far I have been successful with approximately 12
and only two holdouts. As we discussed neither of
us feel Lawn Crypt Gardens are viable for this
cemetery.
3.The problems we have en~ountered has slowed our
attempts to get new sales going. I would like
assurance we will not be held to the minimum
$500,000.00 annual volume constraint of the
original agreement.
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_. 4.Since we are responsible for collec~ing the opening'
and closing charge, I would l~ke a nominal. fee for
performing this service of approximately 20' to
cover bookkeepping and_ time. invo.l.ved. collecting: . .. . ....
these funds. . . .
Joe, it was n~cessary for me to do a business plan for the
City Commissioners without all of the information available
_'::=.:::::".~: ':"'to me today. Had the information been available, I would
have co~tructed the plan differently. I ~m not negative,
but feel this business does -hav.e .potentialto. be pro~.i,table. .
long te m. '.
give me with these requests wO'uld be- great-··
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RHY:rds
CC: Jeff Kurtz Esquire .
110 East Atlantic Avenue · Suite 114 · Delray Beach, Aorida 33444 . (407) 276-6601
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AMENDMENT NO. 2 TO THE MAUSOLEUM SALES AND
DEVELOPMENT AGREEMENT ,
Amendment No. 2 made to the Mausoleum Sales and
Development Agreement dated January 5, 1988 by and between the
CITY OF DELRAY BEACH, a municipal corporation existing by the
virtue of the laws of t.he State of Florida (hereinafter re-
ferred to as the "City") and PREARRANGEMENTS OF DELRAY, INC., a
Florida corporation this ____ day of February, 1990.
Whereas, the City owns and operates cemeteries located in
the City of Delray Beach, Florida, which contains certain
vacant real estate dedicated. for cemetery purposes.
Whereas, the City had previously, on January 5, 1988,
entered into a Mausoleum Sales and Development Àgreement with
Total Prearrangement, Inc. , a Florida corporation, for the
purpose of conducting a sales program and construction of the
mausoleum for the City; and
Whereas, Prearrangements of Delray, Inc. received an
assignment of (hat agreement from Total Prearrangement, I nc. ;
and
Whereas, said assignment was approved by the City and the
agreement and Amendment No.1 to the Mausoleum Sales and
Development Agreement was entered into on August 9, 1989; and
Whereas, the Ci ty and Prearrangements of Delray, Inc. do
not at this time wish to construct a lawn crypt garden; and
Whereas, the City wishes to allow Prearrangements of
Delray, Inc. to solicit conversion to mausoleum or grave' spaces
to those individuals who previously purchased lawn crypts;
NOW, THEREFORE, in consideration of the premises, cove-
nants and agreements herein contained, it is understood and
agreed by the parties hereto as follows:
1. That Section 24 is amended to read as follows:
Prearrangements of Delray, Inc. , shall fully
fund any and all deficiencies the City finds to exist
in the escrow accounts required to be maintained by
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Section 4 of this Agreement. Construction account
. escrows related to mausoleum crypts and niches shall
be funded within thirty (30) days of the date of this
Agreement. Merchandise escrow accounts as required
by Section. 4 +~t a1'1à ( j ) of the Agreement shall be
fully funded within 180 days of this Agreement.
Below ground crypt escrow accounts as required by
Section. 4 ( i) of this Agreement shall be fully funded
by June 5, 1990.
2. That the first paragraph of Section 13 of the Agree-
ment is hereby amended to read as follows:
On the fourth year anniversary of this Agreement
and every year thereafter, City shall have the right
to terminate this Agreement if Management has not
averaged at least P~ve- - H't1aàreà--'fhe1:!saaå--Beiiet1"s
+$599,9997 Two Hundred Fifty Thousand Dollars
($250,000) per year in gross sales starting over the
then transpired period of the Agreement.
3. That the other paragraphs of Section 13 of the Agree-
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ment are unaffécted by this change.
IN WITNESS WHEREOF, the aforementioned parties
hereunder set their hand this day and year first above written.
ATTEST: PREARRANGEMENTS OF DELRAY, INC.
By: By:
Witness RUSSELL YEAGER
Witness
ATTEST: CITY OF DELRÞ.Y BEACH, FLORIDA
By: By:
City Clerk Mayor
Approved as to form:
City Attorney
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- RECEIVED
FEI o 8 90
MEMORANDUM COMu.IVC8. GRouP
TO: Robert A. Barcinski
Asst. City Manager/commun~ Services
FROM: William H. Greenwood ø~
Director of Public Utilities
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY ~J31990 - EMERGENCY WATER
AGREEMENT BETWEEN CITY OF BOCA RATON AND
CITY OF DELRAY BEACH
DATE: February 8, 1990
Item Before City Commission
Request City Commission to approve an Emergency Water Agreement
between City of Boca Raton and City of Delray Beach. Funding
source is 441-5161-536-64.01. City of Delray Beach's estimated
construction cost is $35,000.
Background
This mutual assistance, agreement is required in the event either
City has an emergency need for potable water. Agreement provides
for supplying excess water to either party.
Recommendation
Staff recommends approval of the Agreement.
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. EMERGENCY WATER AGREEMENT
BETWEEN
CITY OF BOCA RATON
AND
CITY OF DELRAY BEACH
.
THIS AGREEMENT by and between the CITY OF BOCA RATON, a
Florida municipal corporation, hereinafter referred to as "BOCA
RATON" , and the CITY OF DELRAY BEACH, a Florida municipal
corporation, hereinafter referred to as "DELRAY BEACH."
WIT N E SSE T H:
WHEREAS, DELRAY BEACH AND BOCA RATON have water lines in
close proximity to each other west of the Intracoastal Waterway
and the C-l5 Canal; and
WHEREAS, DELRAY BEACH and BOCA RATON desire to guard
against the potential danger of failure of water service to
customers within their service area; and
WHEREAS, DELRAY BEACH and BOCA RATON desire to address
their mutual concern by entering into this interlocal AGREEMENT,
pursuant to Section 163.01, Florida Statues;
NOW, THEREFORE, in consideration of the mutual promises
contained herein, DELRAY BEACH and BOCA RATON agree as follows:
1. DELRAY BEACH will connect their water system to the
water system of BOCA RATON in accordance with mutually agreeable
specifications and in accordance with contract documents prepared
by Olsak and Associates, Titled, "City of DElray Beach, Water
Main Interconnection" dated September 1989.
2. DELRAY BEACH and BOCA RATON will equally share the
cost of such connection. Payments shall be coordinated through
the respective Finance Departments of DELRAY BEACH and BOCA
RATON. Estimated project cost of $70,000 shall be equally
divided between Delray Beach and Boca Raton.
,
3. The con ction will be controlled l two valves, one
'of which will be operable by DELRAY BEACH and one of which is
operable by BOCA RATON.
4. In the event of a water system failure, causing an
emergency in either DELRAY BEACH or BOCA RATON, the valve of the
party not experiencing the emergency will be opened so as to
permit the flow of water to the party experiencing the emergency.
No supply of water shall be provided except in case of an
emergency. No supply of water shall be provided except in case
of an emergency and upon the following terms and conditions to be
determined by the supplying party:
a. There must be a sufficient surplus of potable water
available to meet all the anticipated needs of the supplying
party.
b. The supplying party may limit the amount of water to
be supplied.
c. The supplying party may limit the hours or days of
supply.
.
d. The supplying party may require the receiving party to
impose use restrictions on its customers as prescribed by the
supplying party.
e. The supplying party may place an automatic expiration
date upon the emergency supply period which may be extended only
by the City Manager for the City and the Director of Water
Utilities for the County.
5. The water used will be measured by a eight inch
turbine meter with a capacity of 3,500 gallons per minute.
Charges for metered water use through the interconnection shall
be at a negotiated, in-city commodity rate in effect for residen
tial customers at the time of furnishing the water with no
capacity or fixed charges. "BOCA RATON" and "DELRAY BEACH"
negotiated commodity rate shall be $0.53/thousand gallons.
Negotiated rate i~ ;ubject to change based c legal authority of
-the appropriate governing body. When water is utilized, the
meter or meters shall be read concurrently by "BOCA RATON" and
"DELRAY BEACH" approximately the first of each month. Payment by
the user to the supplier for water consumed shall be within
thirty (30) days after furnishing of monthly bills.
6. In case of an emergency, a written or verbal com-
munication from the City Manager or his authorized representa
tive, setting forth the emergency and estimated time of use,
shall be made and shall be the only request necessary to open the
valve. Turning off the valve shall be handled by the same
procedure.
7. Each party to this AGREEMENT expressly acknowledges
the right of either party to refuse to provide' the emergency
water service, as set forth in this AGREEMENT, if the party
refusing determines that the provision of such service would not
be in its best interest or would constitute a danger to the
health, safety and welfare of its citizens. In the event of such
refusal, the requesting party agrees to waive any claim of loss
or damage against the refusing party.
8. This AGREEMENT may be amended only in writing,
executed by both parties to this Agreement.
9. This AGREEMENT may be terminated by either party upon
thirty (30) days written notice reporting the results of a motion
adopted by the City Commission seeking termination of the
agreement.
10. This AGREEMENT shall take effect upon its execution
by both parties, and its filing with the Clerks of the Circuit
Courts in and for Palm Beach County, Florida.
Dated at Boca Raton, Florida, this day of
, 1990.
FOR CITY OF BOCA ._~TON FOR CITì OF DELRAY BEACH
- By: By:
Emil S. Danciu DOAK S. CAMPBELL III
Mayor Mayor
Attest: Attest: Alison MacGregor
Candace Bridgwater
City Clerk City Clerk
Approved as to Form: Approved as to Form:
Frank Bartolone Herb Thiele
City Attorney City Attorney
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C I T Y COMMISSION DOCUMENTATION
.
TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
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VIA: DAVID J. KOV CS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: STAN WEEDON, JR., ASSISTANT DIRECTO~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 13, 1990
EASEMENT FOR FIVE SITES HISTORIC MARKER AT GREATER MT.
OLIVE MISSIONARY BAPTIST CHURCH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approving an easement agreement with the Greater Mt. Olive
Missionary Baptist Church for the location and maintenance
of an historic sites plaque/marker.
BACKGROUND:
The City Commission approved the designation of five local
historic sites on Apri~ 11, 1989. These sites are:
l. St. Paul A.M.E. Church, 119 N.W. 5th Avenue
2. Free and Accepted Masons, 85 N.W. 5th Avenue
3. Greater Mt. Olive M.B. Church, 40 N.W. 4th Avenue
4. School No. 4, N.W. 5th Avenue
5. St. Matthew Episcopal Church, 404 S.E. 3rd Street
The Commission approved the funding and placement of a marker on
the S. W . corner of the Mt. Olive Church parking lot on July 25,
1989. The parking lot is located at the corner of N.W. 5th
Avenue and N.W. 1st Street.
The easement before the Commission provides for the placement and
maintenance of the marker by the City and maintenance of a 18' x
21' (378 sq. ft.) area (mini-park) around the marker by the City.
The installation of landscaping consisting of sod and a border
hedge will be provided by private efforts, but will be accepted
and maintained by the City.
Continuing maintenance will be provided through the Parks and
Recreation Department as will the funding for the maintenance.
HISTORIC PRESERVATION BOARD CONSIDERATION:
The Historic Preservation Board has approved the content and form
of the historic marker as well as the conceptual landscape plan
for the mini -park. The Board has also facilitated discussions
with the Churh regarding the easement.
RECOMMENDED ACTION:
By motion, accept the easement agreement with the Greater Mt.
Olive Missionary Baptist Church for the location of the Five
Sites Historic Marker. 3?a
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El.SEr~EN'r' D~ED
THIS INDENTPRE, ma.j~ this _ da't of , 19 -'
by and be t·.¡een Grea.ter Mt. Olive Missionary Baptist Church
(Church) , parties of t.he first part, and the CITY OF DELRAY
BEACH, a municipal ,,:orporation (City) in Palm Beach County,
State of Florida, party of the second part:
WITNESSETH: That the parties of the first part, for
and in consider at_ion of the sum of Ten l$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 the second part, its successors and
assigns, a right of way and perpetual easement for the purpose
of: placing a historic marker commemorating five institutions
that contributed to the stability and sense of community of the
City of Delray Beach and establishment of a mini-park to
include fencing, lighting, paving and landscaping. The City of
Delray Beach shall maintain the park and the Church will
provide sprinklers for the purpose of irrigation. The City
shall pay for water needed to maintain the mini-park. The City
shall have full and free right, liberty, and authority to enter
upon and to install, operate, and maintain such marker and
mini-park and appurtenances thereto under, across, through and
upon, over, under or within the following described property
located in Palm Beach County, Florida, to-wit:
EASEMENT
The West 16' of the South 21' of Lot " Block 28, Town of
"-,
Linton Plat as recorded in Plat Book 1, Page 3, of the records
of Palm Beach County Florida.
Concomitant and coextensive with this right is the
further right in the party 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,
as expressed hereinafter.
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 will 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.
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IN \'lITNESS \4HEREOF, th¿, pdl'tiesto this Easement Deed
set tÞeir bands and seals the day and year first above written.
WITNESSES; PARTIES OF THE FIRST PART:
~~L //¿l(j_~d LJ::J. ~f Æ
MATHIS G. HtrnT! SR.
¡¡;¡~.t /~ lri,,.;,i}:; as Trustee and on behalf of
Greater Mount Olive Baptist
J Church
WITNESSES: "
~~~\~ V /- ~ ~
it~~~~ ~)z ~é-_/
Þ .~ f:J rz . ~ PAS't' LF;PN C. Ø'OHNSON
/ td II;') i ,- J..-~}.' ;-yr as pastol and on behalf of
) Greater Mount Olive Baptist
Church
STATE OF FLORIDA
C01JNTY OF PALM BEACH
1 HEREBY CERTIFY that on this day, before me, an
o::fi::er authorized in the State and C?unty aforesaid to take
acknowledgments, personally appeared ( n ,- + r .< (" t if / 1-' [~7
. _) 4 í) j ~ - \.-. f ¡, ~k "
well known to me, and they acknow~edged executing the same.
WITNESS my hand and official seal in the County and
State last aforementioned this .~ i .:;,." day of Y....1 fì ' ,
1990.
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Notary Public -
State of Florida at Large
My Commission Expires:
NOTARY PUBLIC, STATE OF FLORIDA
STATE OF FLORIDA MY COMMISSION EXPIRES APRil 26. 1991
CO'JNTY OF PALM ÐEACH
I HEREBY CERTIFY that on this day, be=ore me, an
officer authorized in the State and ,County aforesaid to take
acknowledgments, personally appeared f-,' '( ;: ' , - ,-' -1 . ~. I ... ~ --"'
'--t:' . I \éb..- {~ ; } 1/; 1... . I /
well known to me, and they acknowledged executing the same.
WITNESS my hand and official seal in the County and
State last aforementioned this 3/:~ day of 5#;11 ,
1990.
~~; ~ .
- C 'I\~,,~ \: n r ";(',rl 't. X" ).,
Notary Pubtic v',..' --
State of Florida at Large
My CO~Tìssion ~~~res:
NOTARY PUBLIC. STATE OF flORIDA
Mr COMMISSION exPIRES APRIL 26, 1991
.
ENGINEERING DEPARTMENT /"
M E M 0 RAN DUM ?
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TO: MALCOLM T. BIRD
INTERIM CITY MANAGER
FROM: ¡.¡ \. GATES D. CASTLE, P.E.
I.. /'< ~ CITY ENGINEER
DATE: FEBRUARY 1, 1990
SUBJECT: COMMUNITY CHILD CARE CENTER
FINAL PLAT
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The Engineering Department has had the subject property
platted as a condition of our conveyance of property to the
Community Child Care Center of Delray Beach, Inc. Staff has
reviewed the plat and it has been approved. City Commission
approval is required prior to platting.
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DESCRIPTION
Beginning at the inter.ection of the Northerly projection of the West
right-of-way line of Northwe.t 5th A.enue and the South right-of-way
line of Lake Ida Road, then proceed Northward and Westward along said
South right-of-way line to its intersection with the Northerly
projection of the Ea.t right-of-way line of Northwe.t 6th Avenue,
thence proceed Southward along said projection to . line 25 feet North
of and parallel to the centerline of Northwest 4th Street, then
proceed ea.tward along said line to the Northerly projection of the
West right-of-way line of Northwest 5th Avenue, then proceed Northerly
along said projection to the Point of Beginning.
C'c::::>Af rA/#/N6" /. /~2~ At:'~é~, M"A'~- ~R ,E~s
DEDICATION ,
KNOW ALL MEN BY THESE PRESENTS that COMMUNITY CHILD CARE CENTER OF
DELRAY BEACH, INC. , a non-profit organization, owner of lands shown
hereon, being in Section 8, Town.hip 46 South, Range 43 East, City of
Delray Beach, Palm Beach County, Florida, shown hereon as COMMUNITY
CHILD CARE CENTER, ha. caused the .ame to be surveyed and platted as
shown hereon and do.. her.by dedicate .s follows:
Tract A is hereby dedicated for the perpetual use of the public
for road right-of-way purpose.,
Tract B i. hereby platted as a separate parcel to be used as
provided by law,
IN WITNESS WHEREOF the above non-profit organization has caused these
presents to be signed by its President and attested by its Secretary
and it. corporate seal to be affixed hereto by and with the authority
of its Board of Director. this _____ day of .
1990.
ATTEST: COMMUNITY CHILD CARE CENTER OF
DELRAY BEACH, tHC,
BY:
ACKNOWLEDQEMENT
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before me per.onally appeared ."d
a. Pre.ident and Secretary of Community Child Care c.nter of Delray
Beach, Inc., to m. well known and known to me to be the individuals
~ d..cribed in and who .xecuted the foregoing a. such officers of the
.aid corporation and acknowledg.d to and b.fore me that they executed
.atd instrument for the purpose. .xpr....d therein.
. WITNESS my hand and official this _____ dey of ____ , 1990,
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;OMMUNITY CHILD CARE CENTEA
SECT/~;t/ b; T¿7W¡f/Sh//¡C' 4¿p Sð¿/T?; RAA/(:;'E 4.E EA£T
Oé¿RAY 8é.-ACk/ PAL.¥ ðEAC# C'¿í¿//f/rJ; /ltJR/CA
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MEMORANDUM
,
TO: Malcolm Bird
Interim City Manager
FROM: Douglas Randolph O.~.
Grants Administrator
THRU: ~ David M. Huddleston
Director of Finance
SUBJECT: Request City Commission approval to submit grant application to
the State Department of Environmental Regulation - Coastal
Management Grants Program for partial funding for a Dune
Re-Vegetation Project
DATE: January 31, 1990
Staff is recommending City Commission Approval to submit an application to
the Department of Environmental Regulation - Coastal Management Grants
Program for partial funding for a Dune Re-Vegetation Project in the amount
of $11,000.
The City of Delray Beach has re-established a dune system as part of the
continuing beach renourishment program. In recent years our dominant
backdune species, Scaevola Plumieri, has developed a root virus which
threatens to decimate this portion of the pioneer/scrub zone.
The proposed project will re-vegetate the crest and backdune areas with
species common to the pioneer and scrub zones. Planting will take place in
a one and one-quarter mile area of the municipal beach. The project design
work will be done in-house. The planting will be contracted out.
It should be noted that this Dune Re-Vegetation Project is in accordance
with the Coastal Management Element, Objective A-I of our City's
Comprehensive Plan. To Wit:
The City shall continue its established and ongoing
programs for beach erosion control, dune protection and
turtle protection and shall enhance those programs
through biannual reviews by the City Engineer and the
City's Beach Committee.
The grant requires a 100% match of funds. The total cost will be $22,000.
The matching funds will come from the existing Beach Erosion Control Fund.
This proposal is being submitted so as to provide and maintain a healthy
dune system along our municipal beach area for the benefit of all that
frequent this are and for future generations as well.
DR/slh
Attachments
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PRO~ECT DESCRIPTION
Number Title [)me Revegitation Project
Federal $ 11,000 Non-federal $ 11,000 Total Cost $ 22,000
.
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Responsible Agency: Start date September 30. 1990
Cit~' of OI¡lray SQi:c-tl
DER person months End date September 29. 1991
DER in-house cost S
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Project Summary
'!be City of Delray Beach has re-established a dune system as part of the
continuing beach reJ'¥)urishment program. In recent years our daninant back-
dune species, Scaevola Plumieri (beach berry) has developed a root virus
which threatens to decimate this portion of the pioneer/scrub zone.
'!be proposed project will revegetate the crest and backdune areas with
species cx::moon to the pioneer and scrub zones. Planting will take place
in a one and one-quarter mile area of the municipal beach. This area is
served by an existing irrigation system protected by sand fences and
maintained by the City Parks Department.
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BAC<GRCJJND:
'!he City of Delray Beach has a renourished beach, ini tially restored in
1973 and nourished in 1978 and 1984. Prior to the restoration of 1973
the beach and dune had eroded to state Road A 1 A, leaving 00 dune or usable
beach. After the initial restoration a dune system was created. 'Ibis
dune was initially planted in scaevola and later enhanced with sea oats
and other foredune vegetation. '!he dune program has been successful in
recreating a natural dune system with sea oats as the major foredune species
and scaevola in the backdune area. A number of other species native to
the dune system have flourished, including panic grass, beach rooming glory,
and beach sunflQ\tær.
In recent years the scaevola have developed a degenerati ve root virus.
Over time, this disease has decimated the backdune to the point where a
major replanting is required. CUr plan is to revegetate the backdune and
crest in a variety of species which are oarroon in the pioneer and scrub
zones . '!be existing irrigation system, sand fencing and maintenance program
will insure the success of the new plantings.
It should be noted that this Dune Revegetation Project is in accordance
with the Cbastal Management Element, Cbjective A-1 of our City's Canpre-
hensive Plan.
To Wit:
"'!be City shall continue its established and ongoing programs
for beach erosion control, dune protection and turtle pro-
tection and shall enhance those programs through biannual re-
views by the City Engineer and the City t s Beach Camù. ttee'·' .
'!he purpose of this application is to request Federal Q)astal Zone Manage-
ment funds to continue and enhance our efforts to provide a healthy dune!
beach system in Delray Beach.
'Ibis project concerns itself with the issues of special focus outlined
by the Q)astal Management Grant Program guidelines. Dlme protection and
revegetation is a resource protection issue.
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DESCRIPl'ICN :
():)j ecti ves:
1 ) 'lb provide and maintain a healthy dune system.
2) 'lb replace diseased species of dune plantings with a variety of
plants CCf1100n in pioneer and scrub zones.
SP&.:.I.l'·~C TASKS AND PROOOcrs:
- Design a dune planting strategy for the backdune and crest areas
along the one and one-quarter mile municipal beach.
- Install plantings in the piooeer and scrub zones. 'tt1ese zones are
currently being served by an irrigation system and protected by
an irrigation system and protected by sand fencing.
- Vegetation will be maintained by the City of Delray Beach's Parks
Department.
TIME TABLE:
'!he design \\IOrk will be canpleted between September 30, 1990
and February 15, 1991 . Planting of the vegetation will take
place in the Spring and early SU'llDer of 1991.
BUDGE!' : (NOI'E - '!he City's match funding will cane fran the existing
Beach Erosion O:x1trol Fund).
DæI~ WORK.:...................................... $2,000
~ and PI.m1'ING:.............................. $20,000
TOTAL COST.......... $22,000
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MEMORANDUM
TO: John W. Elliott
Assistant City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Children's Services Grant
DATE: February 1, 1990
'I'he grant from the Children's Services Council is to fund the
After School Program at Carver Middle School, Conununi ty Center
and Pompey Park. In the past two years, we have received over
$248,000 from the Children's Services Council to provide
recreational and educational activities to approximately 260
"latch key" type children.
If you have any further questions, please contact me.
Parks and Recreation
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
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TO: BARCINSKI, ASSISTANT CITY MANGER
~Oa.c.4- RECEIVED
FROM: D ID J. KOVACS, DIRECTOR JAN 3 0 90
DEPARTMENT OF PLANNING AND ZONING
DATE: JANUARY 28, 1990 ~S!IIVC& GROUP
SUBJECT: AFTER SCHOOL PROGRAM GRANT APPLICATION
CONSISTENCY WITH THE COMPREHENSIVE PLAN
The following is provided in response for comments as to
consistency of the above grant application with respect to the
Comprehensive Plan.
* The Comprehensive Plan åoes not contain any specific
policies which pertain to this program. However, the Parks
and Recreation Element of the Plan does emphasize the City's
role in providing programs and opportunities for youth
activities. In that vein, the request is consistent with the
Plan.
* In that the grant does not pertain to a capital project, it
is not necessary to make the findings required of Policy
A-3.7 of the Capital Improvement Element.
Thank you for the opportunity to comment on this item prior to
appearing before the City Commission.
DJK/cm
c:
Joe Weldon, Director of Parks and Recreation
Doug Randolph, Grants Administrator
Comp Plan Implementation File
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MEMORANDUM RECEIVED
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TO: Robert A. Barcinski JAM 3 0 90
Assistant City Manager
FROM: Joe Weldon COMM. 8VCa. GROuP
Director of Parks and Recreation
SUBJECT: After School Program Grant Application
DATE: January 25, 1990
BACKGROUND
Per the attached letter, I have been forwarded by the Children's
Services Council an RFP to again make a request for funding for
our After School Program. As you know we have been successful in
receiving grants in the amount of $112,536.00 and $136,315.00 in
1988 and 1989 respectively for this highly successful and needed
program. Deadline application date is March 21, 1990.
ACTION
Request City Commission approval to again request funding for the
After School Program.
RECOMMENDATION
City Commission approve application to fund After School Program.
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Parks and Recreation
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FDf the Children's Services Council
Children of Palm Beach County'·
f 3111 S. Dixie Highway, Suite 243 · West Palm Beach, Florida 33405
(407) 655-1010 · FL WATS: 1-800-331-1462
- CERTIFIED MAIL -
OffiCERS
Ch.J;rman: TO:
Elame \Vcbb .-\t\'arCl Programs Currently Contracting with C~
S(...:rctary:
Susa n R. Pell FROM: Barbara A. Kauffman, Executive Direct·
4
COUNCIL \'1EMIIERS: RE: 1990-91 Request for Proposals (RFP)
Bill ( L Brooks
Jamcs CHilI. Jr. DATE: January 18, 1990
frcd T Jos<
Thomas J_ ~"lIs
Em<ry J Newell
Carol A. Roberts
I\ennclh G. Spillias Please find enclosed the 1990-91 RFP for Programs
Robcn E_ Williams
currently contracting with CSC.
f;\,[CUTI\'[ DIRECTOR The 1990-91 Children's Services Council funding
Barbara A. "au ffman process begins with your receipt of this packet,
which contains two sections:
. Guide to the CSC 1990-91 RFP (Blue)
. 1990-91 Proposal Instructions & Forms (Gold/White)
We ask that you read both sections carefully as you
prepare your proposal in the coming weeks.
These materials should only be used in requesting
1990-91 CSC funding for the continuation of 1989-90
programs currently under cOil-tract with CSC. Requests
for proposals for new programs are not being
considered as part of this RFP process.
A Proposers' Conference will be held at 1:00 P. M. , on
Friday, January 26, 1990, at the Allied Lecture Hall,
AH 101, Palm Beach community College, 4200 South
Congress Avenue, Lake Worth. Please bring your
packet with you to the conference.
The Tentative Schedule for the 1990-91 RFP Process
may be found on pages 3 & 4 of the Guide (blue)
section. Please refer to that schedule for
additional important dates & activities.
Good luck to all of you as we enter our third funding
process together!
e Children's Services Council of Palm Beach County is an independent government agency whose purpose is to
lan, coordinate. fund and evaluate children's programs and to address public policy issues relating to children.
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¡99Ò-91 Proposallnslruclions & Fonns for
\ Programs Currently Contracting with CSC 90 030
Page 13
I. COVER FORK (Continued)
D. AGENCY CERTIFICATION
In submitting this proposal to CSC
(Agency Name) certl.fies that:
1. The applicant agency qualifies to submit a proposal
under the provisions of the RFP Minimum Requirements;
2. The agency board of directors has approved this
proposal at a meeting on (date). ( Please
check here if approval is pendl.ng at time of submission.)
3. All agency decisions regardin9 recruitment, hiring,
promotions, release, and condl.tions of employment will be
made without regard to consideration of race, creed,
religion, gender, country of national origin, age, physical
or mental handicap, marital status or any other factor which
cannot lawfully be used as a basis for an employment
decision;
4. The agency agrees to negotiate, if deemed necessary,
with CSC to refine service levels, procedures, objectives,
budget, and any other relevant matter for incorporation into
the contract.
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5. The applicant agency does not intend by this proposal to
replace existing funding resources with C~C funds;
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6. The budget included in this proposal is a reasonable
estimate of the anticipated revenues and expenditures for
.. the activities proposed;
7. Any of the following documents which may have been revised
or updated are available & upon request by csc will be
produced by the applicant agency within five (5) working
days:
a. Articles of Incorporation
b. Agency By-Laws
c. Service Site(s) Fire Inspection certificate
d. Service Site(s) Health Inspection Certificate, if
applicable
e. Personnel Policies & Procedures
f. Resumes of Agency Executive Director & Program Director
g. Certificates of Insurance & Bonding
h. Service Fee Structure/Sliding Scale Fee Structure
i. Client Grievance Procedure
OFFICIAL AUTHORIZED TO SIGN & BIND AGENCY TO PROPOSAL:
Title:
Sl.gnature of Authorl.zed Offl.cl.al
Name: Date:
RFP3.DOC Jan IS, 1990 11!-37 am
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MEMORANDUM
.IAN 3 0 90
TO: Robert A. Barcinski COMM. SVCS. GR~up
Assistant City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Senior Games Series
DATE: January 25, 1990
BACKGROUND
This is the second year the Parks and Recreation Department is to
sponsor our Senior Games for men and women 55 years and older.
This was very successful last year and is scheduled for March
19th to 24th this year. In November Carol Olsen attended a
Governor's Council on Physical Fitness and Sports and made
application to be one of ten cities to be part of the Governor's
1990 Senior Games Series, which provides a $2,000.00 grant for
the purchase of medals, ribbons, posters, etc. Attached is
additional background information concerning the senior games.
ACTION
Request City Commission approval to accept $2,000.00 grant and be
part of Governor's 1990 Senior Games Series.
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RECOMMENDATION
Accept grant and be part of the Governor's 1990 Senior Games
Series.
Parks and Recreation
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. MEMORANDUM
TO: Joe Weldon, Director of Parks and Recreation
FROM: Carol Olsen, Recreation Superintendent ~\
SUBJECT: SENIOR GAMES GRANT
DATE: January 23, 1990
As you know, this year will be our second year organizing a
Senior Games event for men and women 55 years and older. Our
Senior Games are slated for March 19 - 24, 1990. In November I
attended a seminar by the Governor's Council on Physical Fitness
and Sports, in which they informed attendees about a $2000.00
grant available to 10 agencies willing to be part of the Senior
Garnes Series. I applied for the grant and have been notified that
we have been selected as one of the recipients.
Attached you will find our acceptance letter with guidelines for
the grant. On January 31, 1990 I will be attending a meeting of
all grant recipients in Sanford, Florida to get more specific
information.
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The following is a _brief overview of our responsibility as a
grant recipient and what the Governor's Council on Physical
Fitness and Sports will be providing:
CITY OF DELRAY BEACH
1) Must contest a minimum of ten events.
2) Eighty percent of the events must be "physically active
sports".
3 ) No more than 20% of the events must be "leisure time
activities".
4 ) The grant is to be used for the purchase of medals,
ribbons, posters and printed material.
5) All printed material must have the Governor's Council on
Physical Fitness and Sports logo preceded by the phrase
"Endorsed by".
6) All printed material and press releases must display the
statement "Made possible by a grant from: Sporting Goods
Manufacturers Association".
GOVERNOR'S COUNCIL ON PHYSICAL FITNESS AND SPORTS
1) Provide $2000.00 in the form of credit to make
purchases.
2) Provide a Senior Garnes Administrative Manual.
3 ) Public Relations support.
4) Provide Certificates of Participation.
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The awards must be purchased by George Levy Inc. They were
awarded the bid for the Senior Games Series. The awards are
double-sided with one side having the Governor's Council/Senior
Games logo. On the other side our Senior Games logo would be
printed.
Our Senior Games will include the activities listed below:
Badminton Basketball
Tennis Table Tennis
Shuffleboard Race Walking
Track & Field Swimming
Bridge Quilting
I look forward to organizing this event and feel this grant will
benefit us in both financial support and state-wide recognition.
Please review the attached information and advise.
cc Joe Dragon, Asst. Director of Parks and Recreation
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BOil \L\Rll'\lj
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12 January 1990
Carol Olsen
50 N.W. 1ST Ave
Delray Beach, FL 33444
Dear Mrs. Olsen,
Congratulations on your Senior Games being accepted as a part of
the 1990 Senior Garnes Series. By now, Jim Jernigan of the
Governor's Task Force on Senior Games should have contacted you
1 n order to advise you of the grant. As a part of the 1990
Senior Games Series, your event will recelve:
a . A grant for $2Ø00.ØØ to be used towards the purchase of
awards. Attached you will find an order form from George Levy,
Inc. The Levy Company has been awarded the bid to make the
Senior Games Series medals. As you will find out, their medals
are of excellent quality and pr1ce. You must complete the order
form and send it directly to Levy a minimum of t-h-t:e-e weeks prior
to the date yo'.l will need the medals. The Florida Senior Garnes
Series medal 1S two-sided, with one side having the Governor's
Council/Senior Garnes logo. On the other side, your Senior Games
logo will be printed. The staff at George Levy's will be happy
to help you with the artwork for the design. Any leftover ar:lOunt
of your grant may be used to cover printing costs.
b . As a part of the Florida Se n i 0 r Garnes Series, you are
eligible to receive, at no cost, certificates of participation
for your Games entrants. The certificates will be signed by the
Governor and the Executive Director of the Governor's Council on
Physical Fitness and Sports; and will have a space for your local
Games Director's signature. It wi 11 also have a space for the
name of your individual competitors and the name of the Games.
Enclosed you will find a form which you may use to order these
certificates. Please allow two weeks for delivery.
c. The office of the Governor's Council will print a Florida
Senior Games Series brochure. This brochure wi 11 detail the
Senior Garnes concept in Florida, as well as having a list of all
sites, dates, and contacts for all of the Senior Garnes in the
Series. We will be contacting you soon in order to finalize the
scheduled days of your Garnes. We will be distributing this
brochure all over the state and welcome your input on points of
distribution in your area.
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nc i 1 will be buying advertising space in several
publications publicizing all of the Garnes in the
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e. A poster IS presently being designed for the Senior Garnes
Serle . e will be sending you details on how to order these as
soon as they are available.
f. The Council has contracted with Del Monte In order to provide
each of your Garnes with bananas for all of your participants.
Within the next few weeks, our office will let you know how to
order the bananas for your Garnes.
As part of the 199Ø Senior Garnes Series, you are required to:
1 . Abide by all of the Sports Requirements as previously set
forth In the original application for the grant.
2 . Display on all printed materials, the Governor's Council
logo with the phrase: "Endorsed by" preceding the logo.
( logo enclosed)
3 . Display on all printed materials, the Sporting Good s
Manufacturer's Association logo preceded by the phrase: "made
possible in part by a grant from". (logo enclosed)
4 . Display the Del Monte logo on your applications and other
pertinent materials with the phrase: "product supplier",
preceding the logo.~ (logo enclosed)
We are presently approaching other sponsors in orde-r to be able
to provide you with other services. As these others agree to
join us, we will notify you of what they will be able to do for
your Garnes.
We are looking forward to a great 199Ø Senior Garnes Series with
2Ø different Garnes throughout the state. Now, more than ever, we
feel certain that we will see a state championship in 1991. If
you have any questions, please contact me or Sill Richards in our
office.
Sincerely,
enclosures:
3 logos
2 order forms
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s::'- ~.:.::.._-.:"'.:'...... ---. -' . .'- -- - -
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V.ATt Of P1DJU:Ã'.
@ffirc L1Í tir£ (§nncnwr
THI c.,v>rroL
T~ 'f1DM)oI.. ~~~~.0C1~)
Bœ MAJn'1NE.z ,
Go.'!Jl~
GOnUIOi "6 COCWCIL O~ FrfWEBS AND SPOE!S
PRB6J:1il'!'£
1991
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l'LOR.IDA SENIOR GAMES SER!XS
October, 1989 .
'I'b. Florida Governor's Ccunc 11 on r1tDess anð Spo= ts is pleesed
to aI1110UDC& the 1998 Florida Sen10r Games Ser1er;. This program
has been m8ð~ pcøa1ble by e grant from tbe SportiDg GOOd5
MaDufactur8~ Association.
!ne 90al. of the llorióe Senior Games SeriQ5 aI:e to promote anè
encourage the development of Senior Games at the local grasli %:00:'
level throughout the Stat& of l"loriða. It i5 tbe hop. e! the
Governor's Council to p%ovide l'10r1ó..'s seDior citizens witb an
opportuDi ty- to enjoy llIe - to the fullest wh i-1 e liviDg in our
Sunsnine State. .
In orðer to achievfi th.se goals, ~he council ha~ set the :0110""-
1D9 objec~ives to be acccmplisbeð via the FloriC:e. Senior Games
Seriea.
'I'be objectives of the Flcrið~ Se~~or Cames SE:rie~ ~re:
· '%'0 i=prove ~he exist~ng Senio:, Games; in !"lo~iéc
· '!'O increa5e tbe number c! Senior Games e.~ ~bQ G=a5fi Root
level t.b:ouçbout ~he st~t.e.
· To coorðinet. &Ilë facilit.at. the gr o\o·tt. ané óevelopmen~ of
the Senior Games concept in rlcriða.
In oràer t:o begin 'to achi4<lve these objective6 th5 Governor's
Council ba6 óesiçned a m\:¡lti-lev,&l iDcective ptoç::am. The :irG":.
pe.rt of this proç;ram i£ 'the hcst.icg of workshops a.rounè 'th& ste-:e
on how' to organize Se~ior Games iD aDY comItunity. These work-
shop. will bE hostec ~rounè th& State c~ FloriOa èuring the
1tontbs ot October cDð November.
'!'be next 1ev51 o~ support will be offereð to tho.. comJln:ni ties
wa i c:h Ar4il "'111in; to bost '" Senior Game5 competition in 1995 ",né
which a~ree to be a part of the l'loride. Senior G~me5 Seri&s anè
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are able to :u:'l!l1 the reqciroment6. ":he56 Senior Games wou}ë
thu8 receive:
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),. It. Senior Gamel a~iD1strative ~anual "hlcb ....ill contain
marketing/P.R. i delu i fòponscrlt~p ideas and proposals;
administrative and cOmIr.1ttee charts, anè 6port6 rules.
'!'h1s manual will be pIc\'16ed in a three :ln9 binéet 50 tbat
upðatea and new materiAl me. y be added on e. reçu:ör be6i.s.
~. ~ublic relations support trom the Governor'¡; Council
office.
c. Certificates of participction signed by the Governor and
the Executive Director witb an aree where to write tbe name
of the participant, òe te , name of Game. Ilnd 6ignature of
G..e. otficial.
c. It. grant of S2,eee to each inè1\"1duÃl Senior Games. 'This
grant will mllòe in the !orm of Ii credit for the p\Jrchct5e
o~ .
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l. Hedals (1-3 places
2. Ribbona ( 1-6 placeE)
.. Posters
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L Printed material!' (rule book., booklets)
'rbi. srant amount mey incr.elSe depenð1 ng on the number of Senior
Game. te be belé in 19%- under th1s progratt.
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r'urtber the Governor's Counc:l on ?itness aDd Sport' 1& presectly
work1cç on 5..k1nç- poter.ti~l 5ponsors in orõer to be e.blc;¡ tc
provide greater !inanc1al 6t:ppO='t ~o each host. agenc}".
In e=611I' ~ c:' e "ot:l~ be Senior Gllmef tc be con5iðereð ~ .. must
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comple~e t.be e.~t..cbeð : 0 I'1t . £ub1tl<c ~ .. tD(c Gov.rnorls
ano . "- to
Councll o:~lce by D.cemÞe: . ~ 19S5.
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'!be reqt:i relUrnt.s ",bieh JIIus:t be me~ ~y e. ~ ~ Senior Game, ~:1 c:ãer
to receive tbe previou5ly stateè Sl.:.ppo::t an~ be cc:;ep:eò aE a
pc=t o~ t~e P~orió. Senior G8me~ se::1ES are:
l. Each Senior Galne6 must ccnter;t e mini1tum o! ten ( 1 e )
IIve:::Jts.
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2 . 11ghty percent of the ever.tl contes:ed must be fro%:! :~e
following list ot ·phys1c&1 act.ive ,ports·:
-Arcbtlry -ROAd Race
-BAlket.ball -Sw1t1Utinç
-BAàminton -Te.ble 'reDnl'
-Bowling -Tenn1.
-Cycling -Track . l'ield
-Golf -HorsE! Shoes
-Racewelk -Shuffleboard
3. The Games mAY hav& no more Ü'Ian t",enty (2e) pe:cent of
their total events con:ptiseð of "lei6ure time activities".
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-Mini-Golf
-Brið9s/Carð Gam.c
-Checkers
-Craft fa Hobby Conte5t
-Pancake Race
-Dancing
-Croquet
,. Eacn Games must. recognize on all printeð materiel tbe Deme
e:1d 1090 ot the Governor'¡ Council on physical fitness anð
sportl precedeð by the pbrase: "Enðor5ed by"
5. ~acn Game~ mU5t=-display on e.ll p:inteð me.te:ial a:1d p::eui
releaaer; in a pro~1nent ~aGhioD the statement;
. Maòe p08~ibie ~y & c;rl:.nt !:oc; spo=tinç Gooè s
ManU~ðctc.r.:5 Association".
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M E M 0 RAN DUM
TO: Malcolm Bird
Interim City Manager
FROM: Douglas Randolph 1).~.
Grants Administrator
THRU: ~ David M. Huddles ton
Director of Finance
SUBJECT: Request City Commission approval to submit grant application to
the State Department of Environmental Regulation - Coastal
Management Grants Program for partial funding for our Sea Turtle
Conservation Program
DATE: January 31, 1990
Staff is recommending City Commission Approval to submit an application to
the Department of Environmental Regulation - Coastal Management Grants
Program for partial funding for our Sea Turtle Conservation Program in the
amount of $7,495.
It should be noted that our Sea Turtle Conservation Program is in
accordance with the Coastal Management Element, Objective A-I of our City's
Comprehensive Plan. To Wit:
The City shall continue its established and ongoing
programs for beach erosion control, dune protection and
turtle protection and shall enhance those programs
through biannual reviews by the City Engineer and the
City's Beach Committee.
The grant requires a 100% match of funds. The total program cost for
fiscal year 1990/91 will be $14,990. The matching funds will come from the
existing Beach Erosion Control Fund.
The City of Delray Beach started its Turtle Conservation Program in 1984.
This program enhances the hatchling success rate in our urban beach
setting. Spillage from artificial light sources as well as beach cleaning
operations and pedestrian traffic, threaten unprotected Sea Turtle nests.
To date our program has been very successful in enhancing the chances for
survival for this valued and at risk natural resource.
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PROJECT DESCRIPTION
Number Title SEA 'IDRTLE aìqSERvATTCW Þ~l.M
Federal S 7495 Non-federal S 7495 Total Cost S 14,990
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Responsible Agency: Start date September 30. 1990
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CITY' OF DELRAY BFAŒ:
DER person months End date September 29. 1991
DER in-house cost $
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Project Summary
'Ihe Sea Turtle CDnservation Program enhances the hatchling success rate
in an urban beach setting. Delray Beach's shoreline is fully developed,
with approximately 60% used as a public recreation beach, the remainder
being for private hanes and condaniniums. State road A1A is adjacent to
~ approximately half the shoreline. Spillage fran artificial light sources,
as well as beach cleaning operations and pedestrian traffic, threaten unpro-
tected Sea Turtle nests.
().Jr Sea Turtle COnservation Program is designed to relocate sea turtle
eggs, where necessary, to a hatchery. In the areas not subject to hazards
the nests are surveyed and protected in place. In addition to actual nest
protection, our survey, release and tagging functions provide valuable
research data for turtle nesting on renourished beaches.
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BACKGRaJND:
In 1984, the City of Delray Beach started it' s Sea Turtle Cooservation
Program. '!be ~tus behind the program was a beach oourishIœnt project
which took. place late that sumner . Because of the relocation ~ of
. the progrðm, all 218 nests within the project area ære saved, with a
hatching success percentage of 82%.
Since that time, we have continued the Program with City funds for the
following reasons:
1 ) to continue to protect nests fran disturbance by pedestrian traffic
and beach cleaning operations, and to protect hatchlings fran
disorientation by nearby artificial lights. '!be hatching success
fran the relocated nests has been greatly enhanced.
2) To provide research data for turtle nesting on renourished beaches.
Environmental concerns playa large part in the permitting process
for beach projects . Canparative date in sequential years is
required to judge the reaction of nesting turtles to renourished
beaches . The Sea Turtle Conservatim Program has continued to
successfully achieve its objectives of sea turtle protection and
acquisition of baseline research data.
In 1986, a O:astal Management Grant was obtained to extend the Program.
'!be City of Delray Beach is scheduled for a beach renourishment in the
surrmer of 1 991 . We seek matching funds fran the Coastal Management Grants
Program to assist us in maintaining our Sea TUrtle Cbnservation Program
during this upoaning critical period i.e. 1991 nesting season.
It should be noted that our Sea TUrtle Conservation Program is in accordance
with the O:astal ManagE!f!'8I1t Element, Cbjective A-1 of our City's O::mprehen-
sive Plan.
To Wit:
"'!be City shall continue its established and ongoing programs for
beach erosion control, dune protection and turtle protection and
shall enhance those programs through biannual reviews by the Ci. ty
Engineer and the City's Beach Camtittee".
In that Sea TUrtles are C'XXlSidered a valued and at risk natural resource
it is fitting that our Sea TUrtle Conservation Program be considered for
partial funding by the Coastal Management Grant Program under the special
focus issue of resource protection.
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DESCRIPl'IŒ:
Cbjectives :
1 ) To protect nests fran disturbance by pedestrian traffic am beach
cleaning operations, and to protect hatchlings fran disorientation
by nearby artificial lights. '!he hatchling success rate fran
the relocated nests will be greatly enhanced.
2) To provide research data far turtle nesting CI'l renourished beaches.
Ð1viraDental concerns play a large part in the peJ:mi tting process
for beach projects. Cc:mparati ve data in sequential years is
required to judge the reaction of nesting turtles to rerx>urished
beaches.
SPæIFIC TASKS:
Nesting surveys are conducted at dawn each day fran April 15
through September 25. Turtle crawls and nest locatioos are
reoorded. Endangered nests are later excavated and relocated
to an artificial incubation facili ty (record of nest date and
size are kept). Nests not defined as endangered will be protected
in place. Upon hatching, a full record of hatching data is made
and hatchlings are released by hand.
DJring the season a public awareness program is maintained. Formal
and informal lectures arxl deroonstrations are held arxl public
participation is encouraged. A tagging program is also conducted
to obtain information about migration behavior.
PRaX1Cl'S :
- A rrcnthly report of nesting activity.
- Final slml1'la.rY report including methodology arxl results, both
current year and oauparative since program initiation. 'l11e final
report will be suJ:mi. tted to the Florida Department of Ð'lvirauœntal
Regulation , Department of Natural Resources and the Arrr.ri O:>rps
of Ð1gineers. A copy of the report prepared after the 1989 nesting
season is attached for your information.
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TIME TABLE:
Nesting surveys are performed each day during the nesting seasoo to locate
and reoord all sea turtle crawls and nests in the City Limits of Delray
Beach. Endanqered nests, as defined in the "Marine TUrtle OX1serVatioo
Manuel" are relocated to a hatchery. other nests are protected in place.
- '!be work will be performed 00 a daily basis, prior to 8:00 AM bet'ÑlSel1
April 15, 1991 and September 25, 1991.
- Nesting activity reports will be subnitted by September 27, 1991 .
EUOOEr: (NC1l'E .- '!be City's match funding will cane fran the existing
Beach Erosioo O>ntrol Fund).
P:E:RSCRŒ:L :
- 24 }burs per day during renourishment project
(30 days) 720 hours @ $9.00/hr....................$6480.
- 4 Hours per day during balance of season
(135 days) 540 hours @ $9.00/hr...................$4860.
EX;.UIPMENI':
- All terrain vehicle, including fuel
5.5 months @ $300 per month............................$1650.
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REPORl'S :
- M:>nthly nesting activity reports
- Final surmary report (up to 50 copies)................ $2000.
TOTAL 00ST..$14,990
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RESOLUTION NO. 10-90
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I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
I
I BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
¡
I ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
I FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
I
¡ LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSÞ-1ENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Co¿es adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed wi thin thirt¥ (30)
days from the date of service of the notice and failure to flle an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction APFeals
or corrective action was undertaken in accordance with the order 0 the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHERE,n.S , the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
3ß
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel (s) of land described in said report and in the amount (s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty I
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1989.
MAY 0 R
ATTEST:
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City Clerk I
- 2 - Res. No. 10-90
I
NOTICE OF ASSESSMENT
Date
TO: Monna R. Eakle Simpson
c/o Tropical Awning
ADDRESS: 360 NE 4th Street. Delray Beach. FI 33444
PROPERTY: 710 Bond Way. Delray Beach. FI 33444
LEGAL DESCRIPTION: Lot 10. Block 2. Kenmont accordin¡ to Plat Book /0, Page
65 of the official records of Palm Beach County, Fl.
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You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $1.243.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1989, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement actipp_29_89
regarding the above-described property. You were given notice on
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
You failed to ~ppeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
x An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 12-4-89
at a cost of $1,243.00 which includes a ten percent (107.) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
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" RESOLUTION NO. 11-90
:1
il A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
,I
I BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
,I
;1 ORDINANCES OF THE CITY OF DEL RAY BEACH, ASSESSING COSTS
I FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
i LAND (S) LOCATED WITHIN THE CITY OF DEL RAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
i ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
I
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
I ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the I
existence of an unsafe building upon certain lots or parcels of land, I
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that: the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said I
notice also advised that all appeals must be filed within thirty (30) I
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction APFeals
or corrective action was undertaken in accordance with the order 0 the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to aSRess the
cost of said condition against said property owner{s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
39 I
I
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I Section l. That assessments in the amount of
the report of the Clty Manager of the Clty of Delray as shown bv
a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel (5) of land described in said report and in the amount(s) incH -
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.4~
become a lien upon the respective lots and parcel (s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, qfter which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6 %) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s) , after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1989.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 11-90 I
NOTICE OF ASSESSMENT
Date
TO: Willie and Susan M. Franklin
ADDRESS: 120 NW 4th Avenue, Delray Beach, Fl 33444
PROPERTY: 119 NW 4th Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 5, Block 35, Town of Linton, according to Plat Book
1, Page 3 of the official records of Palm Beach County, Florida
~-
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of$I,760.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1989, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 6-21-89
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 17-7-Rq
at a cost of $1,760.00 which includes a ten percent (107.) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION. i
City Clerk
·
11 ::?ESOLUTION NO. 12-90
!
A RESOLUTION OF THE CI~Y COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
I ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
I LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTIN(;
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN ~FFF.CTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RF.SOLU-
TION, AND DECLARING SAID LEVY TO BE A J~IEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, cìeclared the
existence of an unsafe building upon certain lots or parce ls of land,
described in the list attached hereto and marle a part hereof, for
violation of the building codes and building requirements adopted bv
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his dE1signated I
representative has inspected saið. land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined tbat the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) davs and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
I said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHE;REAS, the City Manager of the City of Delray Beach has,
pur suan t to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Corrunission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
&{Ð
I
.
.
I Section 1. That assessments in the amount of
I as shown by
the report of the City Manager of the Ci~y of Delray a copy of which is
attached hereto and made a part hereo f , are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel (s) of land described
in said report, of the same nature and tr) the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of nelray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe bui lding by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6 %) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirtv (30) days after the mai 1 ing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6 %) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
I
PASSED AND ADOPTED in regular session on this the day
of , 1989.
MAY 0 R
ATTEST:
City Clerk
,
i
I
- 2 - Res. No. 12-90
I
i
-
NOTICE OF ASSESSMENT
Date ,
TO: Patricia and Robert G. Allen
]
ADDRESS: 206 SW 2nd Avenue, Delray Beach, FI 33444
PROPERTY: 206 SW 2nd Avenue, Delray Beach, FI 33444
LEGAL DESCRIPTION: T.nr 1, Rln~k 47, Tnun nf n~lr~y ~~~nrni"g rn p,~~
;. - Rnnk 17, P~g~ HI nf rh~ nffi~;~l r~l'nrn¡:: nf P~lm R~~~h r.nll"~y, FI
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of$2,640.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1989, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Offi~ial to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 12-15-89
at a cost of $2,640.00 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
I
City Clerk
·
.
-II RESOLUTION NO. 13-90
I
I
I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
I
I FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
I BEACH,
ORDINANCES OF THE CITY OF DEL RAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
I THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
I LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT~ SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES~ PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS~ PROVIDING FOR THF:
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereo f , for violation of the
provisions of Chapter 100 of the Code of Ordinances~ and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land1s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written ,
i
request for a hearing to review the decision that a nuisance existed I
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property~ and,
WHEREAS, the property owner (s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s)~ and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was I
I
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance (s) as aforesaid, said report indicating the
costs per parcel of land involved~ and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
~I
I
I
!
I
1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That assessments in the individual amounts as shown i
by the report of the City Manager of the City of Delray Beach, involving I
I
i
the City's cost of abating the aforesaid nuisances upon the lots or i
parcels of land described in said report, a copy of which is attached I
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid wi thin thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel (s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s) , and interest shall accrue at the rate of
eight ( 8 ) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1989.
M A Y 0 R
ATTEST:
City Clerk
- 2 - Res. No. 13-90
I
!
I
I
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 7 & N 1/2 OF LOT 8, BLK 8, COMMONWEALTH MORTGAGE CO. $ 40'.00
OSCEOLA PARK, PB 3, P 2, OF AMERICA L P 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH C/O SHANKS ET AL (RECORDING)
COUNTY, FL. P.O. BOX 3250
(730 SE 4TH AVENUE) TAMPA, FL. 33601
S25.7' OF W 1/2 OF LOT 7, GEORGE HATTRICK $ 50.00
W 1/2 OF LOT 8, BLK 59, TOWN C/O PHILIP C. VALENTI 25.00 (ADM. COST)
OF DELRAY, PB 1, P 3, PUBLIC 3420 NW 25TH TERRACE (RECORDING)
RECORDS, PALM BEACH COUNTY,FL. BOCA RATON, FL. 33434
(15 NW 1ST STREET)
S29.7' OF E 1/2 OF LOT 7 & GEORGE HATTRICK $ 50.00
E 1/2 OF LOT 8, BLK 59, TOWN C/O PHILIP C. VALENTI 25.00 (ADM. COST)
OF DELRAY, PB 1 P 3, PUBLIC 3420 NW 25TH TERRACE (RECORDING)
RECORDS, PALM BEACH COUNTY,FL. BOCA RATON, FL. 33434
(NW 1ST AVENUE)
N100' OF LOT 4, BLK L, REID'S SOUTHEAST BANK NA TR $ 60.00
VILLAGE REPLAT OF BLKS L, M & C/O STEEL ET AL 50.00 (ADM. COST)
N, PB 21, P 95, PUBLIC 4000 SE FINANCIAL CENTER (RECORDING)
RECORDS, PALM BEACH COUNTY,FL. MIAMI, FL. 33131
(VENETIAN DRIVE)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-3- Res. No. 13-90
RESOLUTION NO. 14-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF I
ORDINANCES o-F THE CITY OF DELRAY BEACH, I
ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED I
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT I
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID C OS TS ; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined tha t. a nuisance existed in accordance with the
standards set forth in Chapter 90 of the Code of Ordinance s , and did
furnish the respective owner(s) of the land(s) described in the
attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the Ci ty of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the Ci ty Manager 0 f the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the
arnount(s) indicated thereon. Said assessments so levied shall, if not
paid within thirty (30) days after mailing of the notice described in
41-
·
l
Ii
I
i Section 3, become a lien upon the respective lots and parcel(s) of land
I
I described in said report, of the same nature and to the same extent as
I the lien for general city taxes and shall be collectible in the same
I manner and with the same penalties and under the same provisions as to
I
I
i sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and
binding obligations upon the property against which said assessments
are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30) days after the mailing date of said notice of ¡
assessment, after which a lien shall be placed on said property, and
interest will at the rate of 8% plus reasonable I
accrue per annum, I
attorney's fees and other costs of collecting said sums. I
I
I
Section 4. That this resolution shall become effective thirty I
I
( 30) days from the date of adoption and the assessment(s) contained I
I
herein and shall become due and payable thirty (30) days after the I
mailing date of the notice of said assessment(s) , after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk wi thin thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to !
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, and upon the date and time of recording of
the certified copy of this resolution a lien shall become effective on
the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances, shall
be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
day of , 1989.
MAY 0 R
ATTEST:
City Clerk
-2- Res. No. 14-90
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
Lot 19 & N20' of Lot 20, Carl Nola & Michael A. $ 39.45
Blk 8, Osceola Park, PB3 Nola 65.00 (Adm. Cost
P2, Public Records, Palm 1200 SW 27th Ave (Recording
Beach County, FL. Boynton Bch, FL. 33426
(702 SE 3rd Ave.)
Lot 16, B1k 5, Atlantic Charles T. & Annie M. $ 19.45
Gardens, PB14 P63, Oxidine (H & W) NO (Adm. COST
Public Records, Palm 29 SW 12th Avenue (Recording
Beach County, FL. Delray Beach, FL. 33444
(27-29 SW 12th Ave.)
Lot 15, Blk 1, Dell Clifford N. & Sherry S. $ $ 39.45
Park PB8 P56, Public Thomas (H & W) 65.00 (Adm. Cos
Records, Palm Beach P.O. Box 832 ( Recordin<
County, FL. Delray Beach, FL. 33447
(219 NE 13th St)
Lot 26, Fox Hollow Windsor Greens Inc $ 145.00
PB47 P106, Public 19548 Planters Point Dr 65.00 (Adm. Cos-
Records, Palm Beach Boca Raton, FL. 33434 ( Recordin,
County, FL.
(Greensward Lane)
Lot 26, Fox Hollow Windsor Greens Inc. $ 325.00
PB47 P106, Public 19548 Planters Point Dr 65.00 (Adm. Cos-
Records, Palm Beach Boca Raton, FL. 33434 ( Recordin(
County, FL. .
(Greensward Lane)
Lots 33 & 34 (Less David L. Jansen & Robin $ 20.00
E25' ) Blk.4, Dell Park L. Hutch 65.00 (Adm. Cost
PB8 P56, Public 255 NE 12th Street (Recordinc:
Records, Palm Beach Delray Beach, FL. 33444
County, FL.
(255 N.E. 12th St)
Lot 12, Blk 1, Rosemont Randolph & Martha A. $ 38.90
Park, PB13 P60, Public Williams (H & W) 65.00 (Adm. Cost
Records, Palm Beach 1101 SW 13th Place (Recordin<
County, FL. Boca Raton, FL. 33432
(647 SW 5th Ave.)
S80.26' of Lot 4/Less William A. & Elizabeth $ $38.90
W55 0 ' , Beach Lots Delray B. Perry (H & W) 65.00 (Adm. Cost
Public Records, Palm 38 High Ave. (Recordin<
Beach County, FL. Nyack, New York 10960
(316 N. Ocean Blvd.)
Lot 21, Blk 5, Sub- Mae P. Jackson $ 38.90
Division of Blk 5, 12 SW 7th Avenue 50.00 (Adm. Cost)
Delray Beach, PB23 P72 Delray Beach, FL. 33444 (Recording)
Public Records, Palm
Beach County, FL.
(12 SW 7 th Ave.)
S67.l of W130' of Willie L. & Erma J. $ 38.90
N142.l' of Sl/2 of Wright (H & W) 50.00 (Adm. Cost)
Blk 12, Town of 106 NW 12th Avenue (Recording)
Delray, FBI, P3 Delray Beach, FL. 33444
Public Records, Palm
Beach County, FL.
(13 NW 7th Ave.)
-3- Res.No. 14-90
Lot 36, Delray Manor Leon & April L. $ 38.90
Addition to Delray, Humphrey (H & W) 65.00 (Adm. Cost)
PBl2,P59, Public 602 SW 9th Court (Recording)
Records, Palm Beach Delray Beach, FL. 33444
County, FL.
(602 SW 9th Court)
Lot 36, Delray Manor Leon & April L. $ 38.90
Addition to Delray, PBl2, Humphrey (H & W) 65.00 (Adm. Cost)
P59, Public Records, 602 SW 9th Court (Recording)
Palm Beach County, FL. Delray Beach, FL. 33444
(602SW 9th Court)
VIOLATION IS: SECTION 90.03 - STORING, PARKING,OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS
-4- 14-90
Re s . No .
RESOLUTION NO. 15-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING ,
I
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 \
i
of the Code of Ordinances describing the nature of the nuisance(s) and I
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 wi thin the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hear ing , said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land (s) described in the
list attached and made a part hereof and incurred costs in aba ting the
subject nuisance(s) existing thereon as described in the notice; and,
WHE REAS , the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s), ~Ò
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the I
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore- I
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied. I
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, not~ce(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said \
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property (s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1989.
MAY 0 R
ATTEST:
. ¡
C1ty Clerk ¡
- 2 - Res. No. 15-90 I
I
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 16, BLK 35, TOWN OF DELRAY, GRACE BARNETT $ 60.00
PB 1, P 3, PUBLIC RECORDS, 1401 39TH STREET 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. W.PALM BEACH, FL. 33407 (RECORDING)
(NW 1ST ST & NW 3RD AVE.)
LOT 4/LESS R!W!SR 806, JACK VINIK $ 27.50
MYRICK'S SUB., PUBLIC RECORDS, 950 NW 26TH AVE. 25.00 (ADM. COST)
PALM BEACH COUNTY, FL.. DELRAY BEACH, FL. 33445 (RECORDING)
(WEST ATLANTIC AVE.)
LOT 5/LESS R!W SR 806, JACK VINIK $ 27.50
MYRICK'S SUB., PUBLIC RECORDS, 950 NW 26TH AVE. 25.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33445 (RECORDING)
(WEST ATLANTIC AVE.)
S50' OF N150' OF W135' OF RONALD I. & MARYLIN S. $ 75.00
BLK 14, TOWN OF DELRAY, BARON (H & W) 50.00 (ADM. COST)
PB 1, P 3, PUBLIC RECORDS, 6401 N. BAY RD. (RECORDING)
PALM BEACH COUNTY, FL. N. MIAMI BEACH, FL. 33141
(109 SW 7TH AVE.)
LOT 21, BLK C, RIDGEWOOD SKY E. SMITH $ 40.00
HEIGHTS, DELRAY, PB 14, P 44, 2400 S. DIXIE HWY. #100 25.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH MIAMI, FL. 33133 (RECORDING)
COUNTY, FL.
(~W 7TH AVE.)
LOT 22, BLK C, RIDGEWOOD SKY E. SMITH $ 40.00
HEIGHTS, DELRAY PB 14, P 44, 2400 S. DIXIE HWY. #100 25.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH MIAMI, FL. 33133 (RECORDING)
COUNTY, FL.
(SW 7TH AVE.)
LOT 16, BLK 4, PRIEST'S ADD. ROSA L. SCOTT $ 55.00
TO ATLANTIC PARK GARDENS, 401 SW 10TH ST. 50.00 (ADM. COST)
PB 23 P 70, PUBLIC RECORDS, DELRAY BEACH, FL 33444 (RECORDING)
PALM BEACH COUNTY, FL.
(SW 13TH AVENUE)
NI00' OF EI31.6' OF BLK 63, LOUIKENSON MESIDOR $ 60.00
TOWN OF DELRAY, PB 6, P 3, JEANNE LA CROIX GUARDIAN 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 200 S. SWINTON AVE. (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33444
(200 S. SWINTON AVE.)
LOT 9, BLK. 2, J.G. FENNO'S JACK VINIK, JR. $ 27.50
SUB, PB 2,P89, PUBLIC RECORDS, 950 NW 26TH AVENUE 25.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33444 (RECORDING)
(WEST ATLANTIC AVE.)
LOT 14 & Wl/2 OF ABNDED BLK 2, JACK VINIK, JR. $ 27.50
J.G. FENNO'S SUB., PB 2, P 89, 950 NW 26TH AVE. 25.00 (ADM. COST I
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 (RECORDING)
COUNTY, FL.
(WEST ATLANTIC AVE.)
LOT l!LESS R!W SR 806, RUDOLPH & CELESTINE $ 35.00
MYRICK'S SUB., PUBLIC RECORDS, CARTWRIGHT (H & W) 50.00 (ADM. COST
PALM BEACH COUNTY, FL. 34 SW 8TH AVE. (RECORDING
(WEST ATLANTIC AVE.) DELRAY BEACH, FL. 33444
N50' OF W61.20' OF E135' OF RICHARD L. MACON $ 85.00
BLK 25, TOWN OF DELRAY, PB 5, 354 NW 4TH AVE 50.00 (ADM. COST
P 2, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 (RECORDING
BEACH COUNTY, FL.
( 354 NW 4TH AVE)
-3- Res. No. 15-90
.
LOT 9, BLK 8, SEACREST PK, CYNTHIA'G. WELLS, $ 65.00
PB 24, P 33, PUBLIC RECORDS, RR1/BOX 1080 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. NICKERSON RD (RECORDING)
(2110 NE 3RD AVE.) SEARSPORT, ME 04974
S30' OF LOT 6, BLK 28, TOWN LEONARD DAVIS $ 2~.00
OF DELRAY, PB 1, P 3, PUBLIC C/O GENERAL DELIVERY 50.00 (ADM. COST)
RECORDS,PALM BEACH COUNTY,FL. V.A. BRANCH P.O. (RECORDING)
(NW 5TH AVE) LOS ANGELES, CA. 90073
LOT 2/LESS E 41', BLK D, JOE S. & JOSEPHINE $ 60.00
RIDGEWOOD HEIGHTS, PB 14, URDIALEZ (H & W) 50.00 (ADM. COST)
P 44, PUBLIC RECORDS, PALM 1105 SW 7TH AVENUE (RECORDING)
BEACH COUNTY, FL. DELRAY BEACH, FL. 33444
(1105 SW 7TH AVE)
LOT 18, BLK 3, ATLANTIC DANIEL MORGAN $ 60.00
PARK GARDENS, PB 14, P 56, P.O. BOX 2231 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL.33447 (RECORDING)
COUNTY, FL.
(122-124 SW 12TH AVE) :
S67.1' OF W130' OF N142.1' WILLIE L. & ERMA J. $ 75.00
OF Sl/2 OF BLK 12, TOWN OF ~'¡R I GHT (H & W) 50.00 (ADM. COST)
DELRAY, PB 1, P 3, PUBLIC 106 NW 12TH AVENUE (RECORDING)
RECORDS, PALM BEACH COUNTY, DELRAY BEACH, FL. 33444
FL.
(8 NW 7TH AVE)
E51' OF W76' OF N120' OF S. FASHAW & SEMMIE $ 125.00
S140' OF Sl/2 OF BLK 12, TAYLOR 50.00 (ADM. COST)
PB 1, P 3, PUBLIC RECORDS, 221 S. COUNTRY CLUB BLVD. (RECORDING)
PALM BEACH COUNTY, FL. . BOCA RATON, FL. 33431
(NW 7TH AVE & W ATLANTIC AVE)
N37.5' OF E130.44' OF W155.44 SHEDRICK & LONNIE FASHAW $ 75.00
OF Sl/2 OF BLK 12, TOWN OF SEMMIE & DORIS TAYLOR 50.00 (ADM. COST)
DELRAY, PB 1, P 3, PUBLIC 221 S. COUNTRY CLUB BLVD. (RECORDING)
RECORDS, PALM BEACH COUNTY, BOCA RATON, FL. 33431
FL.
(NW 7TH AVENUE)
LOT 9, NICHOL'S 1ST ADD TO RONALD L. APPMAN $ 60.00
DELRAY BEACH, PB 21, P 69, P.O. BOX 864 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH INDIANTOWN, FL. 34956 (RECORDING)
COUNTY, FL.
(124 SW 7TH ST)
LOT 34, BLK 11, OSCEOLA PARK, MARIE F. MCKESSY $ 80.00
PB 3, P 2, PUBLIC RECORDS, 609 SE 4TH AVE. 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH,FL. 33483 ( RECORDING)
(609 SE 4TH AVE)
LOT 5, BLK 7, OSCEOLA PARK, WILLIAM & MARILYN $ 45.00
PB 3, P 2, PUBLIC RECORDS, HUTCHESON (H & W); SCOTT 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. & JANE E. LAYMAN (H & W) (RECORDING)
(618 SE 4TH AVENUE) 225 NE 25TH ST.
BOCA RATON, FL. 33431
LOT 1, BLK 14, OSCEOLA PARK, RONALD D. & SUZANNE W. $ 110.00
PB 3, P 2, PUBLIC RECORDS, POLACEK ( H & W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 27 EMERSON HILL DRIVE (RECORDING)
(802 SE 2ND AVENUE) MARKHAM, ONT CAN. L3P 7E5
LOT 17, BLK 95, LINN'S ADD TO LAWRENCE L. & LILLIE W. $ 35.00
OSCEOLA PARK, PB 1, P 133, PARKER (H & W) 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 730 E. CHATELAINE BLVD. (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33445
(218-220 SE 4TH AVE)
-4- Res. No. 15-90
.
.
LOT 7, BLK 4, CHATELAINE HIGINIO GAGO $ 45.00
NO. 1, PB 29, P 95, PUBLIC 3530 BLVD. CHATELAINE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, DELRAY BEACH, FL. 33445 (RECORDING)
FL. .
(3530 BLVD. CHATELAINE)
LOT 8, BLK 43, TOWN OF DELRAY, LUCILLE D. ANTHONY, $ 55.00
PB 1, P 3, PUBLIC RECORDS, 103 NW 3RD AVENUE 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33444 (RECORDING)
(103 NW 3RD AVE)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTUING HAZARDS; DECLARED NUISANCE.
-5- Res. No. 15-90
·&1 -- - ----
-- .-- ---
RESOLUTION NO. 16-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, STRONGLY OBJECTING TO PALM BEACH COUNTY'S
PROPOSED REPEAL OF ORDINANCE 72-8 WHICH CURRENTLY PROVIDES
FOR FUNDING BY PALM BEACH COUNTY TO THE MUNICIPALITIES FOR
SCHOOL CROSSING GUARDS; URGING ALL OTHER MUNICIPALITIES
WITHIN PALM BEACH COUNTY TO JOIN IN THIS OBJECTION IN
ORDER TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF ALL
CHILDREN WITHIN THE COUNTY; DIRECTING THE CITY CLERK TO
SUBrUT COPIES OF THIS RESOLUTION TO ALL OTHER
MUNICIPALITIES WITHIN PALM BEACH COUNTY AND TO THE BOARD
OF COUNTY COMMISSIONERS; PROVIDING FOR AN EFFECTIVE DATE¡
AND FOR OTHER PURPOSES.
WHEREAS, Palm Beach County adopted Ordinance 72-8 providing for
and implementing a program whereby Palm Beach County funded a School
Crossing Guard Program throughout the County to provide for safety of
all school children within Palm Beach County; and,
WHEREAS, The City Commission of the City of Delray Beach believes
that there are no resources more worthy of protection than our human
resources I specifically, our children; and,
WHEREAS, Palm Beach County continues to allocate funds for
preservation of native ecosystems, native habitats, and endangered
species and yet proposes to repeal Ordinance 72-8 which provides for
the health, safety, and welfare of our children¡and,
WHEREAS, The City of Delray Beach wishes to publicly oppose this
repeal since this is one area where the County could specifically
provide for and could make a significant contribution toward the
protection of all children within the County such that the public
funds could be used to benefit a great majority of the citizens of the
County. .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1- That the City Commission of the City of Delray Beach
publicly and strongly objects to and opposes the repeal of Ordinance
72-8 which provides for funding by Palm Beach County of the School
Crossing Guard Program for the entire County.
~ction 2 . That the City Commission of the City of Delray Beach
hereby requests support from all other municipalities in Palm Beach
County urging each and every other municipality to pass a similar
resolution in opposition to the repeal of Ordinance 72-8 as the repeal
of such ordinance will s~gnificantly reduce the protection of our
children.
Section 3. That the City .Clerk of the City of Delray Beach is
,hereby authorized and directed to distribute this resolution to each
and every other municipality within Palm Beach County and to the Board
of County Commissioners of ,Palm Beach County.
Section 4. That this resolution shall take effect immediately
upon adoption.
PASSED AND ADOP~ED in regular session on this the day of
, 1990.
MAYOR
ATTEST:
City Clerk ~~
~¿f o//.JjPo
,"'71' .4 '- / _f oN t~, I ? 0 (5K
ENGINEERING DEPARTMENT <0
M E M 0 RAN DUM
TO: MALCOLM T. BIRD
INTERIM CITY MANAGER
FROM: \' GATES D. CASTLE, P.E.
;)~~ CITY ENGINEER
DATE: JANUARY 29, 1990
SUBJECT: STORMWATER UTILITY FEE
PHASE III b
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is a proposed Service Authorization for the subject
project, which would finalize development of the fee rate.
In addition, work under this phase of the project would
develop an Impletation Plan, and prepare report and
ordinance. The cost of this phase is $29,000 with funding
available in the Engineering Department budget
(001-2911-519-33.11 ).
An Agenda Request Form is attached for further processing.
GDC:slg
.
¡
J
t
. ;
t l\SA
Ò!
SERVICE AUTHORIZATION
FOR CONSULTING ENGINÈÈRING SERVICES
PER AGREEMENT CITY OF DELRAY BEACH AND GEE & JENSON ENGINEERS
,
Date: January 9, 1990 Haster Contract Dl1te:,January 20, 1989
DESCRIPTION OF PROJECT: Phase IIIb - Finalization of the stormwater
utility including the following tasks:
- Determination of fee rates required.
, - Development of Implementation Plan.
- Preparation of Report, Stormwater utility Ordinance, and
News Release.
- Continued coordination with City Staff.
NECESSITY FOR PROJECT:
This phase of the project is required together with Phase IIIa to
evaluate data and develop a stormwater utility program to fund
stormwater maintenance, capital improvements, and permitting for
drainage in the City.
DEPARTMENT REQUESTING PROJECT: Engineering
BUDGET COSTS
.
MAN-HOURS REIMBURSABLE SUB- OTHERS TOTAL
COST EXPENSES CONTRACTS
'I.. .. ...
$26,000 $3,000 ---- ---- $29,000
LUMP SUM $ 29, 000 ~ TIME & COST $ --...-
(not to exceed)
c:
START DATE . 1/15/90 COHPLETE DATE 5/15/ 90 ACTUAL COMPLETION DATE
.
CITY PURCHASE ORDER NUMBER DATE
. GEE & JENSON JOB NUHDER 89050.3. DATE 1/9/90
APPROVALS
·····/{~L0·
, ( /- { 1 ,~Lc.¿{c '~7(/X'
CITY MANAGER - DATE ~CONSULTANT EPRE~A~lVE - DATE
PROJECT' NOTES Reference II Stormwater Haster Plan and St0rmwater Utility:
Preliminary Inventory of Existing Data and study Plan ",
dated February 1989 by Gee & Jenson, and revision letter
from J.K. Marr to Gates Castle dated May 19, 1989.
.
.
.
ME" 0 RAN DUM
TO: Malcol", T. Bi rd, Interi", City Manager
THROUGH: John w. Ellio~~, Jr., A5.is~.n~ Ci~y M.n.ge~
ManageMent Services ~
FROM: Ted Glas, Purchasing Director 1Í~
DATE: January 29, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 3, 1990 - BID AWARD - BID .90-13
~e~»SCeeE_~el~IE~e~E_SEB~lCE_Cg~IBeCI
It~ð_8.1g~._C1t~_Cgðði.~igD
The City COMMission is requested to award annual contract
for landscape ~aintenance service (N.E. 9th Street and West
Atlantic) to low bidder, APlerica's Pros, at a cost of
$24,60:J. Per . the Budget Office, funding is froPl account
.119-4144-572-33.49 (Beautification Trust Fund -
Beautification Maintenance Contracts).
8!i~kg.rgYDg.1
This is another of the ",aintenance contracts in the street
beautification efforts. This work is being contracted out,
which is considered ",ore cost effective than increasing the
City work force.
Locations for the service are as followsl
Area .1 N.E. 8th St r.et (Between N.E. 6th Ave ð. A-1-A)
Area .2 W. Atlantic Ave (Bet..en Swinton ð. 1-95)
Maintenance service consists of Mowing, tri"'Ming, weed
control, pruning, litter control and cheMical application.
Bids for this contract were received on January 4, 1990 fro",
seven (7) cont ractors, all in accordance with City
purchasing procedures. (Bid .90-13. Docu",.ntation on file
in the Purchasing Office.) A tabulation of bids is attached
for your review.
B.~gI!lO.DgàtigD.L
Staff recoMMends award to low bidder, AMerica'. Pros of
Del ray Beach, at an annual cost of "24,60~. Funding as
stated above.
e:tt.~bO.D:t.J.
Tabulation of Bids
RecoMMendation fro~ Director of Parks ð. Recreation
pc Yvonne Kincaide
Joe Weldon L\?B
TAB U L A T ION o F BID S
BID t 90-13
LANDSCAPE MAINTENANCE
AREA tl - N.E. 8TH STREET January 04, 1990
VENDOR
ITEM DESCRIPTION / James America's B.L.C. Lawn & Custom Care
I NUMR¡:R OF TTM¡:~ PER V¡:AR Maint. Inc. Pros Maintenance Building Svcs.
1.0 MOWING & LINE TRIMMING 60.00 / 30.00 / 130.00 / 79.20 /
43 TIMES P/YEAR 2,580.00 1,290.00 5,590.00 3,405.60
2.0 EDGING 20.00 / 25.00 / 80.00 / 33.17 /
22 TIMES P/YEAR 440.00 550.00 1.760.00 729.74
3.0 WEED CONTROL (SHRUB BEDS) 10.00 / 50.00 / 55.00 / 29.23 /
22 TIMES P /YEAR 220.00 1.100.00 1.210.00 643.06
4.0 PRUNING 50.00 / 15.00 / 40.00/ 83.34 /
a. SHRUBS 600.00 180.00 480.00 1.000.08
12 TTM¡:~ P/HAR
b. TREES & PALMS 80.00 / 50.00 / 40.00 / 164.17 /
12 TIMES P/YEAR 960.00 600.00 480.00 1,970.04
c. ACCENT TREES 40.00 / 50.00 / 30.00 / INC
6 TIMES P/YEAR 240.00 300.00 180.00
5.0 LITTER CONTROL 5.00 / 25.00 / 40.00 / 22.63 /
43 TIMES P/YEAR 215.00 1075.00 1,720.00 973.09
6.0 IRRIGATION (INSPECTION 10.00 / 25.00 / 30.00 / 43. 77 /
WITH CITY) 220.00 550.00 660.00 962.94
22 TIME P/HAR
7.0 CHEMICAL APPLICATIONS 40.00 / 75.00 / 210.00 / 167.50 /
f, TURF FERTILIZATION 40.00 75.00 210.00 167.50
ST. AUGUSTINE - 1 TTM¡:
h. ST. AUGUSTINE INSECT / 30.00 / 100.00 / 105.00 / 420.00 /
FERT. COMB. 60.00 200.00 210.00 840.00
? TTII~<: P/YEAR
i. SHADE TREE FERTILIZATION 15.00 / 150.00 / 115.00 / 315.00 /
2 TIMES P/YEAR 30.00 300.00 230.00 630.00
j. PALM TREE FERTILIZATION 15.00 / 65.00 / 85.00 / 185.00 /
4 TIMES ii/YEAR 60.00 260.00 340.00 740.00
K, SHRUB FERTILIZATION 20.00 / 35.00 / 65.00 / 63.00 /
3 TIMES P/YEAR 60.00 105.00 195.00 189.00
8.0 IIULCH 80.00 / 150.00 / 325.00 / 605.00 /
3 TIMES P/YEAR 240.00 7.035.00 975.00 1.815.00
GRAND TOTAL FOR AREA t 1 5.965.00 7.035.00 14.240.00 14.066.05
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T A 8 U L A T ION o F 8 IDS
8 I D t 90-13
LANDSCAPE MAINTENANCE
AREA .1 - N.E. 8TH STREET January 04. 1990
VENDOR
ITEM DESCRIPTION / Michaels Top Branch Axiom Inc.
. NUMBER OF TTMES PER YEAR Realestate Svcs. NurserY
1.0 MOWING , LINE TRIMMING 100.00 / 125.00 / 150.00 /
43 TIMES P/YEAR 4,300.00 5.375.00 6,450.00
~
2.0 EDGING 50.00 / 25.00 / 75.00 /
22 TIMES P/YEAR 1,100.00 550.00 1,650.00
3.0 WEED CONTROL (SHRUB BEDS I 50.00 / 30.00 / 218.00 /
22 TIMES P/YEAR 1,100.00 660.00 4,796.00
4.0 PRUNING 50.00 / 10.00 /
a. SHRUBS _600.00 120.00 no bid
12 TIMES P IYEAR
b. TREES , PALMS 80.00 / 590.00 / 218.00 /
12 TIMES P/YEAR 960.00 7,080.00 2,616.00
c. ACCENT TREES 60.00 / 190.00 /
5 TIMES P/YEAR 360.00 1,140.00 no bid
5.0 LITTER CONTROL 20.00 / 20.00 / 13.00 /
43 TIMES P/YEAR 860.00 860.00 559.00
6.0 IRRIGATION (INSPECTION 25.00 / N/A 22.00 /
WITH CITY) 550.00 . 484.00
22 TIME P/Y :AR
7.0 CHEMICAL APPLICATIONS 200.00 / 20.00 / 200.00 /
f. TURF FERTILIZATION 200.00 20.00 200.00
ST. AUGIJSTTNE - 1 TIME
h. ST. AUGUSTINE INSECT / 250.00 / 20.00 / 240.00 /
FERT. COMB. 250.00 40.00 480.00
2 TIMES P/Y :IR
i. SHADE TREE FERTILIZATION 250.00 / 498.00 / 110.00 /
2 TIMES P/YEAR 500.00 996.00 220.00
J. PALM TREE FERTILIZATION 300.00 / 10.00 /
4 TIMES F/YEAR 1,200.00 40.00 no bid
k, SHRUB FERTILIZATION 175.00 / 10.00 /
3 TIMES P /YEAR 525.00 30.00 no bid
8.0 MULCH 500.00 /
.' .
3 TIMES P /YEAR 400.00 1, 500. 00 no bid
GRAND TOTAL FOR AREA' 1
12,905.00 18,411. 00 17,455.00
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TAB U L A T ION o F BID S
BID I 90-13
LANDSCAPE MAINTENANCE
AREA 12 - W. ATLANTIC AVE. BETWEEN SWINTON AVE. , 1-95 . January 04, 1990
VENDOR
ITEM DESCRIPTION / James America's B.L.C. Lawn & CUïi~m CaŠe
NIIMAFR OF PM¡:I; PFR Y¡:AR Maint. Inc. Pros Maintenance Bu ing vcs.
I
1.0 MOWING & LINE TRIMMING 160.00 / 75.00 / 130.00 / 150.96 /
43 TIMES P/YEAR 6,880.00 3,225.00 5,590.00 6,491. 28
2.0 EDGING 60.00. / 50.00 / 80.00 / 73.76 /
22 TIMES P/YEAR 1,320.00 1,100.00 1,760.00 1,622.72
3.0 WEED CONTROL I SHRUB BEDS) 40.00 / 100.00 / 70.00 / 288.00 /
22 TIMES P /YEAR 880.00 2,200.00 1,540.00 6,366.00
4.0 PRUNING 380.00 / 75.00 / 50.00 / 382.80 /
a. SHRUBS 4,560.00 900.00 600.00 4,593.60
12 TIME~ P ¡YFAR
b. TREES , PALMS 200.00 / 150.00 / 50.00 / 375.00 /
12 TIMES P/YEAR 2,400.00 1,800.00 600.00 4,500.00
c. ACCENT TREES 150.00 / 75.00 / 50.00 / INC
6 TIMES P/YEAR 900.00 450.00 300.00
5.0 LITTER CONTROL 15.00 / 25.00 / 55.00 / 56.61 /
43 TIMES P/YEAR 645.00 1,075.00 2,365.00 2,434.23
6.0 IRRIGATION (INSPECTION 40.00 / 25.00 / 30.00 / 107.00 /
WITH CITY) 880.00 . 550.00 660.00 2,354.00
22 TIME PJYHR
7.0 CHEMICAL APPLICATIONS 50.00 / 195.00 / 130.00 / 126.00 /
a. TURF INSECTICIDE 100.00 390.00 260.00 252.00
? TYMF PJY¡:AR
e. TURF FERTILIZATION no bid 90.00 / 210.00 / 256.60 /
BAHIA 180.00 420.00 513.00
i- _2 TIMES P/YEAR
f. TURF FERTILIZATION 200.00 / no bid 190.00 / INC.
ST. AUGUSTINE 200.00 190.00
1 TYHF P¡Y¡:AR
g. ST. AUGUSTINE 85.00 / no bid 210.00 / 100.50 /
WEED , FEED 170.00 420.00 201.00
, TYMES P¡Y¡:AR
h. ST. AUGUSTINE INSECT 120.00 / no bid 130.00 / 250.00 /
FERT. COMB. 120.00 130.00 250.00
1 TIME P~R YFAR
1, SHADE TREE 80.00 / 200.00 / 120.00 / 231.00 /
FERTI Ll ZA TION 160.00 400.00 240.00 462.00
, TIMES P¡Y¡:AR
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TAB U L A T ION o F BID S
BID 1 90-13
LANDSCAPE MAINTENANCE
AREA 12 - W. ATLANTIC AVE. BETWEEN SWINTON AVE. & 1-95 January 04. 1990
,
VENDOR
ITEM DESCRIPTION / Michaels Top Branch Axiom Inc.
. NUMBER OF TIMES PER YEAR Realestate Svcx. Nurserv
1.0 MOWING & LINE TRIMMING 175.00 / 500.00 / 100.00 /
43 TIMES P/YEAR 7,525.00 21,500.00 4,300.00
2.0 EDGING 48.00 / 200.00 / 125.00 /
12 TIMES P /YEAR 1,056.00 4,400.00 2,750.00
.
3.0 WEED CONTROL (SHRUB BEDS) 48.00 / 560.00 / 873.00 /
22 TIMES P/YEAR 1,056.00 12,320.00 19,206.00
4.0 PRUNING 90.00 / 827.00 / 50.00 /
a. SHRUBS 1,080.00 g,924.00 600.00
12 TIMI=C: P/YHR
b. TREES & PALMS 100.00 / 985.00 / 58.00 /
12 TIMES P/YEAR 1,200.00 11 ,820.00 696.00
c. ACCENT TREES 75.00 / 335.00 / 66.00 /
6 TIMES P/YEAR 450.00 2,010.00 396.00
5.0 LITTER CONTROL 25.00 / 100.00 / 26.00 /
43 TIMES P/YEAR 1,075.00 4,300.00 1,118.00
6.0 IRRIGATION (INSPECTION 25.00 / 140.00 I 44.00 /
WITH CITY) 550.00 3,080.00 968.00
22 TIMS: P/YHR
7.0 CHEMICAL APPLICATIONS 100.00 / no bid
a. TURF INSECTICIDE no bid 200.00
2 TIME P/yr:AR
e. TURF FERTILIZATION 350.00 / 105.00 / 800~00 /
BAHIA 700.00 210.00 1,600.00
- _, TIMES PIYEAR
f. TURF FERTILIZATION 225.00 / 20.00 / 120.00 /
ST. AUGUSTINE 225.00 20.00 120.00
1 TIME P/yr:AR
g. ST. AUGUSTINE 320.00 / 20.00 / 140.00 /
WEED & FEED 640.00 40.00 280.00
2 TTvs:c: P/YEAR
h. ST. AUGUSTINE INSECT 300.00 / 20.00 / 140.00 /
FERT. COMB. 600.00 20.00 140.00
1 TIMS: pr:R yr:AR
1. SHADE TREE 370.00 / 345.00 / 250.00 /
FERTILIZA TION 740.00 690.00 500.00
2 TIMr:c: ?/YI=AR
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TAB U L A T ION o F BID S
BID 1 90-13
. LANDSCAPE MAINTENANCE
AREA 12 - CO NT..... January 04, 1990
VENDOR
ITEM DESCRIPTION / James America's B.L.C. Lawn & Custom Care
Maintenance Buildin2 Svcs.
1 NUMBER OF TIMES PER YEAR Maint. Inc. Pros
7.0 CHEMICAL APPLICATIONS 100.00 / 350.00 / 70.00 / 230.00 /
j. PALM TREE FERTILIZATION 400.00 1, 400.00 280.00 920.00
4 TIMES P/YEAR
k. SHRUB FERTILIZATION 100.00 / 300.00 / 95.00 / 672.00 /
3 TIMES P/YEAR 300.00 900.00 285.00 2.016.00
8.0 MULCH 250.00 / 1000.00 / 400.00 / 3.872.00 /
3 TIMES P/YEAR 750.00 3000.00 1.200.00 11 . 616 . 00
GRANO TOTAL AREA 12 20.665.00 17.570.00 16.840.00 44.489.83
ADDITIONAL WORK .29
13.a SOD REPLACEMENT .25 .50 210.00 - 45ç
S.¥. odc!
13.b PLANT & TREE INSTALL. 15.00 15.00 500.00 16.30
11bor n/hr allan
13.e FERTILIZING 15.00 15.00 325.00 16.30
11bnr n/hr n/aln
13.d ADDITIONAL PEST CONTROL no bid 11.50 450.00 Based on
price per 50 gallon 40.00 no bid Chemical
price per 50 pound
13.e FIRE ANT CONTROL . 300.00 16.30
llbnr n/hr n/aln 15.00 15.00
13.f WUERIHG TRUCK 300.00 18.00 450.00 600.00 /day
wlter 120 shade trees
& ~ Cnr.nnut. PIII!s
13. 9 WATERING TRUCK 250.00 18.00 375.00 600.00 /day
water 77 Black Olive
Trl!AS
TOTAL AREA 11 5.965.00 7.035.00 14.240.00 14.066.05
TOTAL AREA 12 20.665.00 17.570.00 16.840.00 44.489.83
QRAND TOTAL 26.630.00 24.605.00 31, 080.00 58,555.88
AREA 1 , 2
Will sub- . .-' . . -
COMMENTS/EXCEPTIONS contract for
watering of
trees listed in
this bid. as we
-
do not carry
the necessary
equipment for
this service.
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TAB U L A T ION o F BID S
BID t 90-13
LANDSCAPE MAINTENANCE
AREA '2 - CO NT..... January 04, 1990
VENDOR
ITEM DESCRIPTION / Michaels Top Branch Axiom Inc. .'
. NUMBER OF TIMES PER YEAR Realestate Svcs Nursery
7.0 CHEMICAL APPLICATIONS 600.00 / 140.00 / 90.00 /
j. PALM TREE FERTILIZATION 2,400.00 560.00 360.00
4 TIMES P/YEAR
k. SHRUB FERTILIZATION 300.00 / 560.00 / 520.00 /
3 TIMES P/YEAR 900.00 1.680.00 1,560.00
S.O MULCH 2.57 p/bag 870.00 / 1,875.00 /
3 TIMES P/YEAR - 1,000.00 2,610.00. 5,625.00
GRAND TOTAL AREA .2 21,197.00 75,384.00 40,219.00
ADDITIONAL WORK .40C/SQ.FT.
13.a SOD REPLACEMENT .23 .33
s.f orice
13.b PLANT & TREE INSTALL. 13 . 00 35.00 14.00
labor o/hr. n/lln
13.c FERTILIZING 13.00 35.00 14.00
labor a/hr. o/lln
13.d ADDITIONAL PEST CONTROL 78.00 150.00
price per 50 gallon 40.00 35.00/HR. MAN; no bid
price per 50 pound MATERIAL
13.e FIRE ANT CONTROL 15.00 (10.00LB.AMDRO) 14.00
labor o/hr o/llsn ':\'i nn/u'Q Mð.TII
13.f WATERING TRUCK (35.00/HR. TRUC~
water 120 shade trees 250.00 35.00/HR. MAN) no bid
& g Coconut PilI!:
13.g WATERING TRUCK (35.00/HR TRUCK
water 77 Black Olive 350.00 35.00/HR. MAN) no bid
Trees
TOTAL AREA .1 12,905.00 18,411. 00 17,455.00
TOTAL AREA '2 21,197.00 75,384.00 40,219.00
GRAND TOTAL 34,102.00 93,795.00 57,674.00
AREA 1 & 2
COMMENTS/EXCEPTIONS Sub-contract
mowing function
to Trimlawn,
Inc.
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M E M 0 RAN DUM
TO: Maleol", T. Bi rd, Interi", City Manager
THROUGH: John W. Elliott, Jr., Assistant City Manager/
Manage~ent Service.
FROM. Ted Glas, Purchasing Director ßÍ~
DATE: January 23, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 13, 1990 - BID AWARD - BID .90-02
~UBBl~e~E_&~UIIEBS_=_Cg~~U~lIX_~E~IEB_'_fa~Er
eeBK
1!.ð_I.1gr._Ci!~_Cgðði2.igD~
The City Co",,,,ission is requested to award contract to low
bidder, Folding Shutter Corporation, at a cost of $25,868.
Per the Budget Office, fund i ng is fro", General Fund - Park.
~ Recreation - Lapsed Funds.
IA!;.jss;¡.rgYDd.1
The Co",,,,unity Center and Po~pey Recreation Center are used
as ."'ergency shelters. Hurricane shutters are needed to
protect the glass doors and windows fro", breaking during a
hurricane.
Bids for this project were received on Dece",ber 20, 198.
fro", three (3) contractors, all in accordance with City
purcha.ing procedures. <Bid .90-02. Docu",entation on file
in the Purchasing Office.) A tabulation of bids is attached
for your review.
Bi!!;.gððøDdstìigD.1
Staff reco",,,,ends award to the low bidder, Folding Shutter
Carporat ion, for the total a",ount of $23,868. It is further
recQMI'tended that the lapsed funds be appropriated into 89-90
budget.
at11!~b!!!~n1!i1.
Tabulation of Bids
Recol't",endation fro", Parks ~ Recreation
pc Yvonne Kincaid.
Joe Weldon
4s~
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TA8U~iAION or BIDS - BID '90-02
FURNISHiNG AND INSTALLATiON OF HURRICANE SHUTTERS
COMMUNITY CENTER ¡ POMPEY PARK
DATK : DECEHBER 20, 1989 I
VENDOR:
------ - ----------- ---- ---------'------------------- ~------------------------------ --------------------------------
Solaroll Shade & Folding Shutter Rolladen. Inc.
Shutter Corporation Corporation
----------------
ITEM t A: 11S0-F.A. Electric Aluminum Foam-Filled
COMMUNITY CENTER operated roll Rolling Shutter (see Rolladen
BRAND I: MODEL , attached)
$24,310.00 $19,888.00 $20.140.00
-- -- ~------- -------- ---
ITEN , B: 1138-F.A. Electric Aluminum Foam-Filled
PONPEY PARK operated roll - folding shutter Rolladen
BRAND ¡ NODEL , Accordion folding
$8.386.00 $5.980.00 $7.840.00
- --------------------
TOTAL LUMP SUM
¡ HM , A ¡ $32.696.00 * $25,868.00 * $27.980.00
, B
--~.------- . ._---------
COMMENTS/EXCEPTIONS: Complete all work Complete all work Complete all work with-
within 35 calendar within 56 - 84 in 30-45 calendar
days after the date of calendar days. days after the date of
said notice to commenc Warranty-Five Years said notice to commence
work work.
* The slat specified * We recommend Foam Warranty 10 years.
on the list is 11SSA Filled because PVC.
while the layout sheet which is specified. is
specifies llSOFA. very flimsy. Electric
Our bid, therefore, is al hook-up is not
based upon prices for included in price and
the slat type 11S0FA. must be done by a
We have bid the Pompey licensed electrician.
Park Facility with an
alternate slat type
1l38FA. as limited
head room over door-
way A & B will not
permit the use of the
specified slat llSOFA.
Warranty - Two Years
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M E M 0 RAN DUM
TO: Malcholm Bird, Interim City Manager
FROM: Dorothy Ellington, Community Development, coordinator~~
THRU: Lula Butler, Director Community Improvement
DATE: January 23, 1990
SUBJECT: Community Development Block Grant Program Activities
Housing Rehabilitation Grant Awards.
According to the City of Delray Beach, Community Development
Division's approved Statement of policies and Procedures, we are
hereby requesting City Commission approval of one ( 1 ) Housing
Rehabilitation Grant Award. The grant amount is based on the
actual cost of the rehabilitation as determined by the low
bidder, plus a 5% contingency. The contingency may be used for
change orders. All unused funds will remain with the Housing
Rehabilitation grant program.
Inspection of work will be done by the City's Building and
Inspection Department and the Community Development Division.
Rehabilitation contracts will be awarded to the low bidder.
Contracts will be executed between the building contractor and
the property owner. The City remains the agent and this office
will monitor all work performed by the contractor and will ensure
compliance according to specifications and program guidelines.
Pay Request forms will require both contractor and homeowner's
signatures. Grant recipients have met all eligibility
requirements as specified in the approved Policies and
Procedures. The rehabilitation activity will bring the homes to
minimum code requirements by repairing roofs, electric and
plumbing systems and correcting other incipient code violations.
Detailed work write-ups and the individual case file is available
for review at the Community Development Division Office. The
Contract Award and Bid Swnmary sheet are attached for your
reference.
Housing Rehab Grant Awards are requested for the following:
Case# Address Grant Amount
88-010HR 122 S. w. 7th Avenue $15,708.00
HR2
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CITY OF DELRAY BEACH
- -
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
6
BID #: 90-~
APPLICANT: CARRIE MASSEY
APPLICATION #: 88-010HR
PROJECT ADDRESS: 122 S. W. 7TH AVE.
DATE OF BID LETTERS: 11~27>89
DATE OF BID OPENING: 12 14 89
NAME OF CONTRACTORS AMOUNT OF BID
B & JR CONSTRUCTION $17,430.00
DARRYL L. COOK $
FIRST CONSTRUCTION OF THE PALM BEACHES, INC. $
HENRY L. HAYWOOD $
MJD CONSTRUCTION SERVICES $ 17 . 000 . 00
TOMMY PRESTON $16,215.00
ABISSET CORPORATION $14.960.00
.
IN - HOUSE ESTIMATE: $ 16,765.00
CONTRACTOR AWARDED CONTRACT: ABISSET CORPORATION
I t.j. q ~ 0, en::> LIS (/?ý/'f b
BID/CONTRACT AMOUNT: $ ,t~.-',O~.OO WI!H COl.Ullt6ENEY
COMMENTS: LOW B TD
-
BIDFORM
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M E M 0 A AND U M
,
TO: MalcolM T. Bird, InteriM City Manager
THROUGH: John W. Elliott, Jr., Assistant City Manag~
ManageMent S.rvice.
FROM: Ted Glas, Purchasing Director ~~
DATE: F.bruary ~, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 13, 1990 - CONTRACT AWARD -
~g=gf_BID_=_~lgUl~_C~gBl~_=_e~~UeL_Cg~IBe~I
l~~~_D.!gr._Ci~x_Cgeði..igD~
City Co~ission is requestod to award annual contract for
liquid chlorin. to PB~S CheMical, at an estiMated cost of
.69,000. P.r th~d9.t O~~ic., ~unding is fro... account
.441-~122-~36-35. (Water ~ Sew.r Fund - Wat.r Tr.at....nt -
Operating Supplies ~~
a.." ksu:gy CQ.l
The Water TreatM.nt Division has n.ed of an annual contract
for the purchase of approxiMately 330 one-ton cylind.rs of
liquid chlorine.
The City of Boca Raton is the lead agency for this co-op
bid. Bids w.re receiv.d on January 23, 1990 froM six (6 )
vendors. Th. Pal... B.ach County Co-op Purchasing Group voted
to recoMM.nd awards as outlined on attached ...eMO frOM Boca
Raton.
The new bid reflects a $20.00 p.r ton reduction in cost fro...
last year's contract. (.6,600. savings)
Bcç,Qt!Jl:!tfnQi.1i.g!U
Staff r.coM....nds award of annual contract for liquid
chlorine to PB~S CheMical, per Co-op bid, at an estiMated
annual cost of $69,000. Funding as stated above.
e~~.S;bð.D1~u
Tabulation of Bids
Me...o froM Boca Raton
M....o froM Public Utilities
pc Yvonne Kincaid.
WilliaM Greenwood
tls-e
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CITY HALL . 201 WESTPALMETTOPARKROAO . 80CARATON,FLOPIOA33432-3730 . PHONE (4071393-7700 1
SUNCOM (4071 922 7700 :..
;J':j,'
JANUARY 23, 1990
TO: Acme Improvement District
City of Belle Glade
City of Boca Raton
City of Boynton Beach
City of Delray Beach
Palm Beach County
Town of Highland Beach
South Central Regional Wastewater Plant
Seacoast Utility Authority
Village of Tequesta
Village of Royal Palm Beach
City of West Palm Beach
FROM Caroline R. Westfall, C.P.M., Purchasing SuperViSo~
City of Boca Raton
SUBJECT: Bid - "Co-op Liquid Chlorine" opened 1/23/90 at 10:00 a.m.
Attached are bids and the tabulation sheet for our co-operative bid referenced above.
Please review with the appropriate personnel within your entity and be prepared to make
an award recommendation at the next Co-oper3tive meetin~ on Janu3ry ~9, ]q9O. I
recommend a split award as follows:
1. I-ran cylinders Entitv Vendor S/ton
City of Boca Raton Allied Universal $158.
All Others PB&S Chemical $209.
2. 150 lb. cylinders Shv1 inder
All Allied Universal $28.00
3. Calcium Hypochlorite $/1 b.
City of Boynton Beach Allied Uni versal $.87
4. Sodium Hypochlorite $/gal.
City of Boynton Beach Allied Universal $.45
If you have any questions regarding the bid, you may contact me on (407)393-7876.
CRW: j r
3ttachment
- AN EOUAL OPPORTUNITY EMPLOYER -
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M E M 0 RAN DUM
TOI Malcol", T. Bird, Interi", City Manager
THROUGH. John W. Elliott, Jr., Ass1s~.n~ C1~y M.n~
Managel'lent Service
FROMI Ted Glas, Purchasing Director ~,#'
DATE. February 5, 1990
SUBJECT; DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 13, 1990 - BID AWARD - BID .90-19
IBBl'eIlg~_EDB_~E~DBle~_'eBDE~S_CE~IEBY
11~~_I.!gr._Cit~_Cg~~i».igD~
The City Co",,,,ission is requested to award contract to low
bidder, Triple A Irrigation, at a cost of $12,868. Per the
Budget Office, funding is fro", account .428-4511-539-60.89
(Ce",etery Fund - Capital Outlay - Equip",ent - Other).
a.s;Ju;argYDg~
~~gIULg.!_Wg.rlu
Furnish ð. install co",plete irrigation syste"" including
well, to section C of Delray Beach MeMorial Gardens.
Section C is a new expansion to the ce~tery.
Bids on thi5 project were received on January 31, 1990 fro",
twelve (12) contractors, all in accordance with City
purchasing procedures. (Bid .90-19. Docu",entation on file
in the Purchasing Office.) A tabulation of bids is attached
for your review.
B.~9e!e!.Dg.ìigD!.
Staff reco",,,,ends award to the low bidder, Triple A
Irrigation, at a cost of $12,868. Funding as stated above.
ett.Ç,Il!!t.Dt.~
Tabulation of Bids
RecOl'l",.ndation fro", Director of Parks ð. Recreation
Yvonne Kincaide q~F
pc Joe Weldon
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TÁBULAr:ON o F 8 ¡ 0 5
6 : 0 . 90-~9
:HR!GATIOk ~ I:LL )ELR~' BEACH MEMORIAL G~RDENS
January 31, : no
vENDOR
- Southeastern
EST. OESCR I PTION Triple A Sunnyland AquaJUtic McCoy
QTY. Irrigation Irrigation Sprinkler Irrigation Irrigation
Sÿstems Inc. Inc.
21 HUNTER ¡ -20-360 $ 47.00 / $ 47.95 / $ 45.00 / $45.00 / $ 60.00 /
cULL CIRLCE $987.00 $1 .007.00 $945.00 $945.00 $1.260.00
~O. 11 NOZ, 9 GPM
--- --
29 HUNTEP HC-18ú $ 47.00 / $ 47.95 / $ 45.00 / $ 45.00 / $ 60.00 /
HÀLF CIRCLE $1.363.00 $1 .391.00 $1.305.00 $1.305.00 $1.740.00
NO,9 NOZ 5 1/2 GPM
---- -------- ---- ------ -- -----
6 HUNTER 1-20-090 $ 47.00 / $ 47.95 / $ 45.00 / $ 45.00 / $ 60.00 /
1'. CIRCLE $282.00 $288.00 $270.00 $270.00 $360.00
NO.8 NOZ. 4 GPM
5 RAIHBIRD EP-200 $100.00 / $123.00 / $125.00 / $ 150.00 / $160.00 /
2· 24V, ELEC $500.00 $615.00 $625.00 $ 750.00 * $800.00
VALVE
........-- ---------------------- ------------------ --- -- --------
. RAINBIRD RC-1260C $400.00 / $400.00 / $300.00 / $450.00 / $400.00 I
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12 STA, CONTROLLER $400.00 $400.00 $300.00 $450.00 $400.00
.
------------- ------------------- - -
---
I GOULDS 5 HP SINGLE $6.012.00 $8.319.00 $9.350.00 I $9.336.00 I $7.336.00 I
PHASE 230Ÿ SUBMERSIBLE $6.012.00 * $9.350.00 $9.336.00 ** $7.336.00
PUMP 70FG ~/CONTROLLER
-- ------- -------- --
TOTA L LUMP SUM
INCLUDES LABOR, EQUIPMENT. $12.868.00 * $12.897.00 oj $13.962.00 $14.056.00 $14.500.00
MATERIALS FOR ELECTRICAL
Â~D :qRIGATION WORK
----- ----- f-- * This bid is · with va~ve
COMMENTS/EXCEPTIONS *Well price Complete all box Complete all
covers a deptl based on pow- work 14 cal- ** with elec. work 30 cal-
of 125 ft. - er for p1.DÇs endar days doae endar days
any additiona & controllers after receipt Complete all after receipt
depth require< being brought of notice to of notice to
work 10 cal-
over 125 ft. to pump stat- proceed. endar days proceed.
shall be an ion by owner.
additional Complete all after receipt
$22.50 per work 10 days of notice to
foot. after notice proceed.
Complete all to proceed.
work 30 cal-
endar days
after notice
to proceed.
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T Þ a U L A r ¡ 0 N o F 8 ¡ Q S
BID . 90-19
IP~IGATION ¡ _ELL DELRA~ BEACH MEMORIAL GARDENS
Januar, JI, tBO
¡ENDOR -,
EST. DESCRIPTION Ralph Osborn Springco Conrad L. Water Wizard Jara
QTY. Inc. Sprinkler Co Robinson Irrigation Landscaping
21 HUNTER 1-20-360
~ULL CIRLCE $ 65.00 I $ 50.00 I $ 62.00 I $ 120.45 I $ 71. 60 I
NO, 11 NOZ, 9 GPM $1.365.00 $1.050.00 $1.302.00 $2.529.45 $1.503.60
29 HUNTER HO-180 $ 120.45 I
HALF CIRClE $ 65.00 I $ 50.00 I $ 62.00 I $ 71. 60 I
NO.9 NOZ 5 1/2 GPM $1.885.00 $1.450.00 $1.798.00 $3.493.05 $2.076.40
-- ----------------------- ~--------------- --
6 HUNTER 1-20-090 $ 120.45 I
1/4 CIRCLE $ 65.00 I $ 50.00 I $ 62.00 I $ 71.60 I
NO, 8 NOZ, 4 GPM $390.00 $300.00 $372.00 $ 722.70 $429.60
---
5 RAINBIRD EP-200 $ 214.00 I
2' 24ï. ElEC $ 105.00 I $105.00 I $ 138.76 I $ 68.04 I
VALVE $1.070.00 $ 525.00 $525.00 $ 693.80 $340.20
---- ----------------------- ------------------ -- --------- -
\ R~INBIRD RC-1260C
12 STA. CONiROLLER $400.00 I $ 550.00 I $325.00 I $ 673.00 I $267.96 I
$400.00 $ 550.00 $325.00 $ 673.00 $267.96
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1 ~OULDS 5 HP SINGLE
PHASE 230V SUBMERSIBLE $9.678.00 I $10.925.00 I $8.436.00 I $7.850.00 $7.336.00 I
PUMP 70FG W¡CONTROLLER $9.678.00 $10.925.00 $8.436.00 ** $7.850.00 $7.336.00
---~-------- -------
TOTAL LuMP SUH
INCLUDES LABOR, EQUIPMENT. $14.788.00 $14.800.00 $15.962.00 $16.221. 34
MATERIALS FOR ELECTRICAL $15.558.00
AND IRRIGATION WORK
- --
COMMENTS/EXCEPTIONS Complete all Complete all Complete all
** to 125 feet
work 10 cal- work 10 cal- Each addition- work 7 cal-
endar days endaÍ' days a1 ft. $25.00 endar days
after notice after notice per ft. after notice
to proceed. tp proceed. Complete all to proceed.
work 30 cal-
endar days
after receipt
of notice
to proceed.
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~ALdr!~N OF BI~S
e :: , 9C -19
;RRIGATiCN ! wELc üEL~AY BEACH MEMORIAL GARDENS
. Januar! 31. 19%
mOOR
EST. DESCRIPTION Mac Nursery Florida
QTY, & Irrigation Design Irriga-
tion
21 HUNTER 1-20-350
FULL CIRLCE I $ 67.00 / $ 60.00 /
~C. q ~Cz. 3 GPM $1.407.00 $1.260.00
29 HUNTER 1-20-180 I
HALF CIRCLE $ 67.00 / $ 60.00 /
NO.9 NOZ 5 1/2 GPM $1.943.00 $1.740.00
---- -------------------- ------- --- ----
€ HUNTt~ 1-20-090
1;4 CIRCLE $ 67.00 / $ 60.00 / I
NO.3 NOZ. 4 G?H $402.00 $360.00 i
~ PAINBIRD EP-2DD
2" W', ELEC $ 160.00 / $160.00 /
vALlE $ 800.00 $800.00
---- --------------------------- -----------------
~ RAINBIRO PC-1260C
:2 Sf A , CCNTROLLER $450.00 / $450.00 /
$450.00 $450.00
---- -----------------------------------------
~ GOULDS 5 HP SINGLE
PHASE 230V SUBMERSIBLE $7336.00 / $3.500.00 /
PUMP 70FG W/CONTROLLER $7336.00 $3.500.00
--- ---
TOTA L LUMP SUM
INCLUDES LABOR. EQUIPMENT.
MATERIALS FOR ELECTRICAL $16.343.00 * $11 .353.00 *
AND IRRIGATION WORK
-- -
COMMENTS/EXCEPTIONS * includes - *4" well up
elect. 2200.0 to 100 feet.
mainline. Well in exces;;
wiring & of 100' @
sleeves 1805. $25.00 p/foot.
Well to be Price exclude s
125'. any Water use
additional ,- perait.
$22.50 p/foo~ Complete wor.
Complete in in 60 calen-
14 calendar dar days after
days. notice to
proceed.
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