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06-26-90 Regular . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JUNE 26, 1990 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA 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. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda approval. Action: Motion to approve. 5. Approval of Regular Meeting minutes of June 12, 1990. 6. Proclamations: A. Recreation and Parks Month- July 1990. 7. Presentations: A. Service Awards Presentation to Commissioner McCarty and Commissioner Andrews in recognition of the many hours spent in City service. 8. Consent Agenda: A. ADDENDUM TO TENNIS PROFESSIONAL CONTRACT: Approve addendum to the Tennis Professional contract extending the original agreement an additional year (September 30, 1990 to September 31, 1991) . City Manager recommends approval. B. CONTRACT MODIFICATION - POLICE COMPUTERS: Approve a request for modification of contract from A.L. Roark which extends the completion time for installation and training for the Police Department Computer system. City Manager recommends Agenda Meeting of 6/26/90 approval. C. AUTHORIZATION NO. 17: Approve Authorization No. 17 to the contract betv1een the City and Post, Buckley, Schuh and Jernigan for survey, design, permitting, bidding, engineering, and resident services for the Southeastern and Related Transmission Mains project in the amount of $118,764. Funding is available in Contributions- Transmission Fees (Account No. 441-0000-253-12.00). City Manager recommends approval. D. REQUEST FOR FINAL PAYMENT: Approve request for final payment from Palm Beach County for utility construction and conflict structure relocation in the amount of $126,428 with funding from Congress Avenue utility Relocation (Account No. 441-5162-536-60.60) and authorize a transfer of $13,593 from 1984 Water and Sewer Bond Interest Income (Account No. 441-0000-361-39.00) to Congress Avenue Utility Relocation (Account No. 441-5162-536-60.60) to cover this project. City Manager recommends approval. > E. REQUEST FROM AMERICAN CANCER SOCIETY: Approve request from the American Cancer Society to distribute free sunscreen products at Atlantic Dunes, Anchor Park and the Municipal Beach to promote "Sun Safety at Public Beaches" on July 14th from 11 a.m. to 2 p.m. City Manager recommends approval. F. REQUEST FOR APPROVAL OF SIDEWALK SALE: Approve request from the Atlantic Avenue Association to hold a sidewalk sale on Monday, July 2nd and Tuesday, July 3rd. City Manager recommends approval. G. RESOLUTION NO. 60-90: A Resolution assessing costs for abatement action required to demolish an unsafe structure at 309 N.W. 1st Avenue. City Manager recommends approval. H. RESOLUTION NO. 61-90: A Resolution assessing costs for abatement action required to board up an unsafe structure at 109 S.W. 7th Avenue. City Manager recommends approval. I. RESOLUTION NO. 62-90: A Resolution assessing costs for abatement action required to remove nuisances on nine properties throughout the City. City Manager recommends approval. J. RESOLUTION NO. 64-90: A Resolution supporting the proposed Constitutional Amendment to protect the Flag of the United States of America from desecration and abuse. K. RESOLUTION NO. 66-90: A Resolution supporting the Thirteenth Annual "Roots Cultural Festival" to be held July 22, 1990 through -2- Agenda Meeting of 6/26/90 August 12, 1990 at the Pompey Park Recreational Complex. City Manager recommends approval. L. AWARD OF BIDS AND CONTRACTS: 1. Mobile Breathing Air Compressor- Fire Department- United Compressor in the amount of $27,600.40 with funding from Fire Ambulance and Rescue Service, Equipment Other (Account No. 001-2315-526-60.89). City Manager recommends approval. 2. Irrigation- North Congress Avenue between Lake Ida Road and the C-30 Canal- SJS Enterprises d/b/a/ Triple A Irrigation in the amount of $35,900 with funding from 1987 Utility Tax- Congress Avenue/Lake Ida (Account No. 333-4141-572-61.28). City Manager recommends approval. 3. One ( 1 ) Tractor- Parks and Recreations- Case Power and Equipment in the amount of $10,735 (state contract) with funding from Parks and Recreation, Equipment Other (Account , No. 001-4131-572-60.89). City Manager recommends approval. 4. Parking Lot- Public Utilities- Smith Brothers Contracting Equipment, Inc. , in the amount of $29,826.20 with funding from Water and Sewer Fund (Account No. 441-5161-536-60.31). City Manager recommends approval. 5. Resolution No. 63-90: A Resolution awarding Sun Bank the contract to provide an $8,000,000 Line of Credit with interest fixed at 7.86% and an up front fee of $1,000. Proceeds to be used as interim financing for the proposed 1990 Water and Sewer Bond Issue. City Manager recommends approval. M. REQUEST FROM AMERICAN PARTNERSHIP COUNCIL: Consider a request from American Partnership Council to hold a two day Drug and Alcohol Prevention event on July 21st and 22nd on vacant property located on N.E. 22nd Avenue just west of Seacrest Boulevard. 9. Regular Agenda: A. GOLF COURSE LICENSE TERMINATION AGREEMENT: Consider termination agreement for the termination of the golf course license. B. REQUEST FROM DELRAY GOLF, INC. : Consider request from Delray Golf, Inc. to rearrange the priority schedule for capital improvements. City Manager recommends approval. -3- Agenda Meeting of 6/26/90 C. SITE PLAN APPROVAL: Consider site plan approval for Delray Town Center, Phase II, a proposed 71,990 square foot retail shopping center, located north of Linton Boulevard approximately 630 feet east of Military Trail. No Planning and Zoning recommendation (3-3 vote). D. SITE PLAN APPROVAL: Consider approving a request for site plan approval for Plaza Raffezella a proposed mixed use (restaurant, retail, and residential) development to be located on the east side of North Federal Highway between Royal Palm Boulevard and Canary Avenue. E. FINAL PLAT APPROVAL- LINTON CENTER (TARGET): This item has been removed from the agenda. F. CONDITIONAL USE APPROVAL: Consider approving a conditional use request for a proposed fraternal lodge (Lodge of Noah's Ark, Inc.) to be located on the west side of S.E. 2nd Avenue between S.E. 3th and S.E. 4th Streets. ' G. SETTLEMENT OFFER: Consider settlement offer in the amount of $10,000 from Irene Montalban to settle pending litigation regarding an alleged sexual harassment claim. Outside counsel recommends acceptance of offer. H. REQUEST FROM ROOTS CULTURAL FESTIVAL, INC: Consider request from the Roots Cultural Festival, Inc. for Commission support to include a financial donation, use of facilities, waiver of fees, and a temporary tent permit. City Manager recommends approval. I. APPROVAL OF BLANKET CONTRACT BETWEEN THE CITY AND CH2M HILL: Approve a blanket agreement with CH2M Hill for professional engineering and architectural services regarding capital projects including the Water Treatment Plant Lime Softening conversion, Water Distribution System Expansion, Water Supply System Expansion, Industrial Pretreatment Program, and other related Public Utilities projects requiring general consulting and engineering services on an as need basis. City Manager recommends approval. J. SERVICE AUTHORIZATION NO.1: Approve Service Authorization No.1 in the amount of $58,150 for the concept design study which is the first phase of the conversion of the City's existing water treatment plant from a conventional clarification process to a softening process. Funding is available in the 1990 Water and Sewer Revenue Bond Issue (interim financing from $8,000,000 Line of Credit). City Manager recommends approval. -4- Agenda Meeting of 6/26/90 K. SERVICE AUTHORIZATION NO. 2 : Approve Service Authorization No. 2 in the amount of $29,500 for remedial hurricane protection improvements for the Water Treatment Plant conversion. Funding is available in the 1990 Water and Sewer Revenue Bond Issue (interim financing from $8,000,000 Line of Credit). City Manager recommends approval. L. AMENDMENT TO OLD SCHOOL SQUARE MANAGEMENT AGREEMENT: Approve amendment to the Management Agreement between the City and Old School Square which provides for Commission ratification of Old School Square "electees" and ratification of program "changes". City Manager recommends approval. M. WAIVER OF BID IRREGULARITY AND AWARD OF BID: Waive late submittal of signature page and award bid for landscaping of North Congress Avenue between Lake Ida Road and the C-30 Canal to Siga Inc. in the amount of $71,331.43 with funding from 1987 Utility Tax- Congress Avenue/Lake Ida (Account No. 333-4141-572-61.28). City Manager recommends approval. . N. ACCEPTANCE OF EASEMENT DEED AND RELEASE OF ESCROW: Accept an utility easement and release escrow in the amount of $7,500 for the Turner property. City Manager recommends approval~ O. AUTHORIZATION TO SEEK FUNDING: Authorize the Historic Preservation Board to seek additional grant funding and accompanying matching funds for Design Guidelines Manual project. City Manager recommends approval. P. AUTHORIZATION TO INITIATE REZONING: Authorize staff to initiate rezoning, to CF (Community Facilities) District, property selected as the site for the relocation of Fire Station No. 1 , located between N.W. 5th and N.W. 6th Avenues. City Manager recommends approval. Q. PROPOSED ENTRANCE TO S.D. SPADY ELEMENTARY SCHOOL: Provide staff with direction regarding City's position on the acquisition of property to provide a direct entrance way from Lake Ida Road to Spady Elementary School. R. APPOINTMENT OF TWO MEMBERS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one member to the Downtown Development Authority to a term ending July 1, 1993 to fill the unexpired term of Linda Glass. Seat 1 appointment. Appoint one member to the Downtown Development Authority to a term ending July 1, 1993 to fill the expired term of Constance Tuttle. Seat 2 appointment. -5- Agenda Meeting of 6/26/90 S. APPOINTMENT OF TWO MEMBERS TO THE CIVIL SERVICE BOARD: Appoint a member to the Civil Service Board to a term ending June 30, 1992 to fill the expired term of K. Howard Wiener. Seat 2 appointment. Appoint a member to the Civil Service Board to a term ending June 26, 1992. Seat 3 appointment. T. APPOINTMENT OF TWO MEMBERS TO THE COMMUNITY APPEARANCE BOARD: Appoint an alternate member to the Community Appearance Board to a term ending June 26, 1992 to fill the unexpired term of Norman Radin. Seat 3 appointment. Appoint a member to fill the architects position on the Community Appearance Board to a term ending June 26, 1992. Seat 4 appointment. U. APPOINTMENT OF A MEMBER TO THE PUBLIC EMPLOYEES RELATION COMMISSION (PERC) : Appoint a member to PERC to a term ending June 26, 1994 to fill the vacant managerial position. Seat 4 appointment. 10. Public Hearings- 7 p.m.: NO PUBLIC HEARING ITEMS. . 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. 12. First Readings: A. ORDINANCE NO. 20-90: An Ordinance amending Ordinance No. 38-84 pertaining to The Gulfstream Building located at the northwest corner of N.E. 8th Street and Andrews Avenue to provide for a modified list of conditional uses to be permitted under S.A.D. (Special Activities District) . C i ty---Manager recommends app~ova~. If passed public hearing July 10, 1990. B. ORDINANCE NO. 21-90: An Ordinance amending the Code of Ordinances enacting a new chapter "Stormwater" to provide for the creation and establishment of a city-wide stormwater management system. City Manager recommends approval. If passed public hearing July 10, 1990. C. ORDINANCE NO. 22-90: An Ordinance amending Chapter 150, "Building Regulations" of the Code of Ordinances to provide a fee schedule for change of contractor; failure to call for final inspection; revised plan review; and providing for conditional certificates of occupancy. City Manager recommends approval. If passed public hearing July 10, 1990. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -6- , . , CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION June 26, 1990 6 P.M. ADDENDUM 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. THE CONSENT AGENDA IS AMENDED TO INCLUDE: N. RESOLUTION NO. 65-90: A Resolution acknowledging Old School Square, Inc. as being consistent with local plans and regulations. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA REPORT - MEETING OF JUNE 26, 1990 DATE: June 22, 1990 8. Consent Agenda: A. Addendum to Tennis Professional Contract. This is an addendum to the Tennis Professional contract between the City and Edward Foster which extends the contract termination date until September 31, 1991. This addendum provides for renegotiation of the $75 monthly rental fee should we relocate to a new facility; and a provision for the Tennis Pro to conduct five junior tennis tournaments using his own resources; and a provision allowing him to keep the revenues derived from those tournaments as > compensation for his expenditures. Revenues from other tournaments shall be deposited with the City. All other provisions agreed upon in the original agreement remain unchanged. Recommend approval of addendum to the Tennis Professional contract. B. Contract Modification - Police Computers. This contract modification is for an extension of completion time for installation of the IBM AS400 computer system for the Police Department. Additionally, the payment schedule is revamped to provide for payment upon installation of the licensed program, completion of training, acceptance and approval of application software, and after 31 consecutive days of completion provided that the software module has been operational for 95% of that time. Recommend approval of modification of the contract between the City and A.L. Rourk for the Police Department computer system. C. Authorization No. 17. This Authorization is for survey, design, permitting, bidding, engineering, and resident services for the Southeastern and Related Transmission Mains project. This project consists of the design of approximately 14,700 lineal feet of 16, 20, and 24 inch diameter potable water distribution/transmission mains from the Delray Water Treatment Plant to the new Miller Park Storage and Re-pump Station and from the Miller Park facility running east and west'connecting into the existing water distribution system. These water mains will provide additional distribution and fire flow capacity. . . AGENDA REPORT Meeting of 6/26/90 Previously, it was thougJthat our Engineering Department would provide designs and coordination services for this project. However, because of their existing workload they are unable to comply. It is anticipated that bid advertising for the Miller Park Storage and Re-pump station will begin in July 1990. As this system is an integral part of the storage and re-pump system, it is imperative that this Authorization be approved so that both projects can be completed simultaneously. Recommend a roval of Authorization No. 17 in the amount of 118,764 with funding from Contributions- Transmission Fees (Account No. 441-0000-253-12.00). D. Request for Final Payment. We received a request from Palm Beach County for final payment in the amount of $126,428 for correction of utility conflicts; installation of a six inch and eight inch water main; and, five fire hydrants on Congress Avenue from Atlantic Avenue south to Linton Boulevard in conjunction with the Congress Avenue widening project. , At your December 13, 1989 meeting, the Commission approved an interlocal agreement with the County and designated funding in the amount of $112,835 from Water and Sewer Reserves. A provision in the interlocal agreement provided for the cost to be adjusted upon completion of the project using as constructed quantities. The original quantities were $11,392 less than originally estimated. However, because of design changes to the roadway, 21 additional conflict structures were required to eliminate conflicts between City water and sewer lines and Palm Beach County storm sewers. The cost of resolving those conflicts was $24,985. Subsequently, identification of additional funding is required. Staff is recommending that $13/593 be allocated from the 1984 Water and Sewer Bond Interest Income (Account No. 441-0000-361-39.00) and transferred to Congress Avenue Utility Relocation (Account No. 441-5162-536-60.60) to cover this project. Recommend ap~roval of identification and transfer of funds in the amount of 13,593 from the 1984 Water and Sewer Bond Interest Income (Account No. 441-0000-361-39.00) to Congress Avenue Utility Relocation (Account No. 441-5162-536-60.60) and final payment, from that account, in the amount of $126/392 to Palm Beach County. E. Request from American Cancer Society. The American Cancer Society is requesting authorization to distribute free sunscreen products at Atlantic Dunes Park, Anchor Park and the Municipal Beach from 11 a.m. to 2 p.m. on July 14th as part of their "Sun - 2 - AGENDA REPORT Meeting of 6/26/90 Safety on Public Beaches" promotion. Approval of this request is consistent with previous Commission action regarding items of this nature. Recommend approval of request from American Cancer Society. F. Request for Sidewalk Sale Approval. The Atlantic Avenue Association has requested authorization to conduct a sidewalk sale on Atlantic Avenue between Swinton and AlA in conjunction with the 4th of July holiday. The sale will be planned for Monday, July 2nd and Tuesday, July 3rd. No disruption of public service will occur during this event. Recommend approval of a sidewalk sale on Atlantic Avenue between Swinton and AlA to be conducted by the Atlantic Avenue Association on July 2nd and July 3rd. G. Resolution No. 60-90: This is a Resolution assessing costs for abatement action required to demolish an unsafe structure at > 309 N.W. 1st 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 $2,365 remains unpaid. Recommend approval of Resolution No. 60-90 assessing costs for demolishing an unsafe building within the City. H. (Resolution No. 61-90) This is a Resolution assessing costs for abatement action required to 'board up an unsafe structure at 109 S.W. 7th 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 $594 remains unpaid. Recommend approval of Resolution No. 61-90 assessing costs for boarding up an unsafe building within the City. r. (Resolution No. 62-90) This is a Resolution assessing costs for abatement action required to remove nuisances on nine properties throughout the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 62-90 assessing costs for abating nuisances on nine properties within the City. J. (Resolution No. 64-90) This is a Resolution supporting a proposed Constitution Amendment to protect the Flag of the United States of American from desecration and abuse. Recommend approval of Resolution No. 64-90. - 3 - \ AGENDA REPORT Meeting of 6/26/90 K. (Resolution No. 66-90) This is a Resolution supporting the Thirteenth Annual "Roots Cultural Festival" to be held July 22, 1990 through August 12, 1990 at the Pompey Park Recreational Complex. Recommend approval of Resolution No. 66-90. L. Award of Bids and Contracts. 1. Mobile Breathing Air Compressor- Fire Department- United Compressor in the amount of $27,600.40 with funding from Fire Ambulance and Rescue Service, Equipment Other (Account No. 001-2315-526-60.89). 2. Irrigation- North Congress Avenue between Lake Ida Road and the C-30 Canal- SJS Enterprises d/b/a/ Triple A Irrigation in the amount of $35,900 with funding from 1987 Utility Tax- Congress Avenue/Lake Ida (Account No. 333-4141-572-61.28) . , 3. One ( 1 ) Tractor- Parks and Recreations- Case Power and Equipment in the amount of $10,735 (state contract) with funding from Parks and Recreation, Equipment Other (Account No. 001-4131-572-60.89). 4. Parking Lot- Public Utilities- Smith Brothers Contracting Equipment, Inc. , in the amount of $29,826.20 with funding from Water and Sewer Fund (Account No. 441-5161-536-60.31). 5. (Resolution No. 63-90) A Resolution awarding Sun Bank the contract to to provide an $8,000,000 Line of Credit with interest fixed at 7.86% and an up front fee of $1,000. Proceeds to be used as interim financing for the proposed 1990 Water and Sewer Bond Issue. M. Request from American Partnership Council. The American Partnership Council has request permission to hold a two day Drug and Alcohol Prevention Event on July 21st and 22nd, between 9 a.m. and dusk (or 9 p.m. ) on vacant property located on N.E. 22nd Avenue just west of Seacrest Boulevard. The primary purpose of this event is to promote abstinence from alcohol and drugs to all members of the community. Videos, guest speakers, self-help literature and informational pamphlets will be collected and distributed to the general public. Booths will be made available to such groups as H.R. S., Sheriff's Department, Delray Police Department, various self help groups, artists and other Drug related facilities and institutions located in the general Delray Beach area. - 4 - AGENDA REPORT Meeting of 6/26/90 A temporary fence will be erected around the subject property, and a tent will be erected in the event of rain to protect equipment. Use of amplifiers for a disc jockey and band and hook-up of electricity as necessary for lighting and music will also be done. A waiver for erection of a temporary tent and variance to the noise ordinance are required. Recommend consideration of request from the American Partnership Council and grant a temporary tent permit and variance to the noise ordinance for this event. 9. Regular Agenda: A. Golf Course License Termination Agreement. This action is for Commission review of a proposed termination of the golf course license. The background material arrived late Friday afternoon and was forwarded to the City Attorney's office for . review. It is anticipated that the revise termination agreement, along with a staff recommendation will be forwarded to you prior to Tuesday evenings meeting. Recommend consideration of termination agreement for the golf course license. B. Request from Delray Golf, Inc. During contract negotiations, a schedule for capital improvements was developed. That list contained improvements to be made at the Municipal Golf Course and the priority of order in which they were to be completed. A provision of the contract allowed for the modification of the list if new priorities were identified and/or actual costs differed from original estimates. In addition, the list was to be flexible in order to adjust to changing needs. The non-changing variable being cost expenditures at the yearly and the five year total. To date, two tractors have been purchased. The rains shelter and restroom renovations and reconstruction has also been done. This request is to add irrigation; locker room, pro shop,' and office addition/renovations; course markers; asphalting and resurfacing; and repairs to Bridge No. 3 to the first year schedule. Under the $175,000 cap for capital improvement expenditures for the first year, the revised schedule can be accommodated through item 17. Recommend approval of request to rearrange priority schedule for capital improvements at the Municipal Golf Course. C. Site Plan Approval. This item was deferred at your June 12th meeting. At your June 19th workshop meeting a discussion was held relative to the vesting of this project. As that issue was - 5 - AGENDA REPORT Meeting of 6/26/90 resolved it is now appropriate to act on the site plan request. This action involves a request for site plan approval for Delray Town Center, Phase II, a proposed 71,990 square foot retail shopping center, located north of Linton Boulevard approximately 630 feet east of Military Trail. The development proposal consists of developing the easterly 9.68 acre parcel of the 20 acre Delray Town Center Development. This plan adds 71,990 square feet of retail uses to the already approved 101,417 square feet Delray Town Center Phase I (Albertsons) project. Within Delray Town Center Phase II, two 20,000 square feet Sub Anchor Retail shops; one 15,750 square foot Sub Anchor Retail shop; one 4,800 square foot Local Retail shop; one 7,240 square foot Restaurant; and one 4,200 square foot Bank, with drive through, are proposed. Previously the Commission had considered a policy change to eliminate out-parcels. As proposed, this site plan contains a free standing bank building. Staff has recommended that the bank building be eliminated. > In addition, the Commission is being asked to act upon a request for Administrative Relief for 67 compact car parking spaces to be used for long term employee. A situation exists with this development wherein, Phase II does not comply with the on-site parking requirements. However, Phase I has excess parking. The applicant is seeking a determination on whether the shopping center is one entity and therefore subject to the standards used for a larger shopping center. Under those standards the amount of parking proposed would be sufficient. Additionally, a request for waiver of the Landscape Code to eliminate the five foot landscape strip along the west property line at the rear of the building is also part of this application. The Planning and Zoning Board at its May 24th meeting failed to make a recommendation (3-3 vote). The Community Appearance Board at its March 28th meeting found the general development concept acceptable.' At its May 23rd meeting the Community Appearance Board recommended approval of landscaping and elevation plans. A detailed staff report is attached as backup material for this item. Recommend consideration of site plan approval, request for Administrative relief and request for waiver of the Landscape Code for Delray Town Center Phase II. D. Site Plan Approval. We received a request for site plan approval for Plaza Raffezella a proposed mixed use (restaurant, retail, and residential) development to be located on the east - 6 - AGENDA REPORT Meeting of 6/26/90 side of North Federal Highway between Royal Palm Boulevard and Canary Avenue. The development proposal for this parcel consists of construction of two buildings, a 4,222 square foot restaurant and a two story building. The first floor of the two story unit will be used for a 3,555 square foot retail shop and the second floor for two residential units. The retail shop will be split into four bays. The residential unit will consist of two ( 2 ) , two bedroom apartments approximately 1,752 square feet and 1,546 square feet in size. This 1.6 acre site is located north of the Kentucky Fried Chicken on North Federal Highway and is in the Community Redevelopment Area. Prior to its voluntary annexation into the City, this parcel was used illegally as a parking lot for the swap shop. Subsequently, the property has changed owners and this development plan is before you for consideration. The Planning and Zoning Board at their June 18th meeting recommended approval subject to conditions. The Community , Redevelopment Agency at their June 11th meeting, reviewed this proposal and recommended approval. The Community Appearance Board at their June 13th meeting gave a preliminary review of the landscape plan. The applicant is to return with a revised landscape plan reflecting changes as recommended by the Community Appearance Board. A detailed staff report is available for review in the City Manager's office. Recommend approval of site plan for Plaza Raffezella subject to the conditions recommended by the Planning and Zoning Board. E. Final Plat Approval- Linton Center (Target) . This item has been removed from the agenda. F. Conditional Use Approval. We received a request for conditional use approval for a proposed fraternal lodge (Lodge of Noah's Ark, Inc. ) to be located on the west side of S.E. 2nd Avenue between S.E. 3th and S.E. 4th Streets. The Lodge of Noah's Ark, Inc. is a fraternal organization comprised of 12 members. Over the past six years they have been conducting meetings on Monday nights, between 7 p.m. and lOp. m. , at the First and First Plaza located on the northwest corner of S.W. 1st Avenue and S.W. 1st Street. However, First and First Plaza has been condemned and is scheduled for demolition. The proposal is to establish a lodge in a 640 square foot bay within an existing building at 338 S.E. 2nd Avenue. This structure was constructed in 1973 and zoned C-2, which allowed warehouses and auto repair as permitted uses. Presently, the property is zoned SC (Specialized Commercial) District, however, the Code provides that buildings in the geographical area between - 7 - AGENDA REPORT Meeting of 6/26/90 S.E. 2nd Street and S.E. 6th Street and within 100 feet of the F.E.C. Railroad right-of-way are permitted industrial uses. A redevelopment plan for this area is scheduled to be prepared in fiscal year 91/92. During that process, termination of noncomforming and industrial uses will be encouraged. The Planning and Zoning Board at their June 18th meeting recommended approval subject to conditions. The Community Redevelopment Agency at their June 11th meeting expressed some concern with the compatibility of this proposal with the adjacent uses. A detailed staff report is available for review in the City Manager's office. Recommend approval of conditional use request for the Lodge of Noah's Ark, Inc. subject to the conditions recommended by the Planning and Zoning Board. G. Settlement Offer. Irene Montalban has submitted a settlement offer in the amount of $10,000. This claim goes back to July , 1989 when Ms. Montalban alleged sexual harassment by the former City Manager. Previous settlement offers have been in the amount of $55,000 (offered twice); and, $15,000 with reinstatement to previous position, payment of back contributions to insurance, pension plan, and restoration of all other fringe benefits. Previously, the City Attorney and outside counsel have recommended denial of settlement based upon the fact that the Commission/s action terminating the former City Manager, reduced the City's liability. While our outside counsel, is still very comfortable with the City's legal position, they are recommending settlement of this case based upon grounds that costs of defending the action will far outweigh the monetary costs of settlement. Should Ms. Montalban file suit, naming the City and the former City Manager, it is estimated that the costs of defense would exceed $50/000. A more detailed legal analysis of the City/s position is available for review in the City Attorney's office. Recommend Gonsideration of offer to settle in the amount of $10,000 from Irene Montalban. H. Request from Roots Cultural Festival, Inc. We received a request from Roots Cultural Festival, Inc. requesting a donation in the amount of $1/000 towards the operating expenses of the festival; City contribution of one-half the cost for security for the Festival; waiver of rental fee for stage equipment; request to display "Roots" flag along Atlantic Avenue; waiver to permit a temporary to be placed at the Delray Tennis Courts; full use of Pompey Park facilities; and waiver of green's fee for the Delray - 8 - AGENDA REPORT Meeting of 6/26/90 Municipal Golf Course. The requested $1,000 was budgeted for fiscal year 1989/90 and is available from the Commission's Special Event Account (No. 001-1111-511-33.81) It has been the policy of the Commission to charge 1/2 of staff overtime to the Delray Affair, and last year, the Commission advised members of the Roots Festival Committee that this charge might be levied this year. The estimate for Police overtime for security is $6,300. Likewise other City staff will be used. The overtime costs for those departments are Parks and Recreation-$4,800 and Public Works $450. The request for waiver of green fees cannot be supported as such waiver cannot be granted under current contract provisions. The other items requested have been approved and granted in the past. Additionally, the Commission may wish to request that Roots > Cultural Festival, Inc. obtain insurance coverage for this event. Recommend approval of request for support, with the exception of the green fee waiver; require insurance coverage; and consider charges for staff overtime. I. Approval of Blanket Contract Between the City and CH2M Hill. This agreement is for professional engineering and architectural services for proposed capital projects including the Water Treatment Plant Lime Softening conversion, Water Distribution System Expansion, Water Supply System Expansion, Industrial Pretreatment Program, and other related Public Utilities projects requiring general consulting and engineering services on an as need basis. This agreement will be used as the basis for all future proposed contracts for architectural and engineering services. This agreement has incorporated the Commissions desire to standardize procedures for reimbursement for services; to cap reimbursement for professional services; to provides a 3.0 multiplier on base wages; and to limit the maximum hourly reimbursable rate to $99.90 for senior professional service. Projects will be presented as Service Authorizations formatted to provide category of work; description of work tasks; assumptions; compensation to the consultant; and a project schedule. Rather than identify funding under this blanket contract, a funding source will be identified for each service authorization as it is submitted to the Commission for approval. - 9 - AGENDA REPORT Meeting of 6/26/90 Recommend approval of a blanket contract between the City and CH2M Hill for consulting and engineering services. J. Service Authorization No. l. This item and the item which follows are the first Authorizations to be issued in conjunction with the blanket contract with CH2M Hill. As this is a new system, and approval of these items are contingent upon Commission approval of the blanket contract, they have been placed on the regular agenda. Shoulu the Commission agree with the content of the blanket contract and these Authorizations, subsequent Authorizations will be placed on the consent agenda for approval. This Service Authorization represents the first phase of the conversion of the City's existing water treatment plant from a conventional clarification process to a softening process and eventual incorporation of advanced treatment process(es) as required to provide compliance with proposed and future drinking water regulation. The scope of this Authorization includes , review and evaluation of City reports pertaining to water supply and treatment, and pilot studies conducted by surrounding counties and municipalities that are pertinent to the objectives of development and evaluation of candidate treatment processes; cost comparisons; recommendations for and conduct of bench-scale testing; and evaluation of advanced treatment processes. The cost for these services is $58,150. Funding is available from the 1990 Water and Sewer Revenue Bond Issue (interim financing from $8,000,000 Line of Credit). Recommend approval of Service Authorization No. 1 in the amount of $58,150 with funding from 1990 Water and Sewer Revenue Bond Issue (interim financing from $8,000,000 Line of Credit). K. Service Authorization No. 2 : This Service Authorization represents the second phase of conversion to lime softening for the City's existing water treatment plant to include remedial hurricane protection improvements. The scope of this Authorization is limited to preparation of specifications and contract documents and assistance with bidding for installation of roll-up doors and shutters for the main plant, operations buildings, chemical building, old and new south pump stations; structural analysis and design for replacement of a wood frame and fiberglass wall with concrete block in the main building; and securing the ammonia tank. The cost for these services is $29,496. Funding is available from the 1990 Water and Sewer Revenue Bond Issue (interim financing from $8,000,000 Line of Credit). - 10 - AGENDA REPORT Meeting of 6/26/90 Recommend approval of Service Authorization No. 2 in the amount of $29 496 with fundin from 1990 Water and Sewer Revenue Bond Issue (interim financing from 8,000,000 Line of Credit). L. Amendment to Old School Square Management Agreement. By an unanimous vote, the Old School Square Board of Directors voted to amend Page 2, paragraph 2 (a) and Page 5, paragraph 9 of the Management Agreement. Under the provisions of Paragraph 2 (a) , Old School Square, Inc. was required to submit, to the City Commission on an annual basis, the names of those nominated for membership on the Board of Directors, for the purpose of ratification of the nominees by the City Commission. The proposed amendment provides for Old School Square, Inc. to submit the names of electees rather than nominees. Under the provisions of Paragraph 9, the projected program uses approved by the board of Directors and were to be ratified by the City Commission. The proposed amendment provides for the Commission to only approve changes to the program uses. Per discussion with the City Attorney's office it is recommended that Paragraph 2(a) be . amended as requested. Paragraph 9 can however, remain as written. Once the Board approves a list of uses, this will be brought to the Commission for ratification. Recommend approval of changes to Paragraph 2(a) to the Old School Square Management Agreement. M. Waiver of Bid Irregularity and Award of Bid. Bids for the landscaping of North Congress Avenue between Lake Ida Road and the C-30 Canal were received from nine area contractors on June 7th. The low bid was submitted by Siga, Inc. in the amount of $71,331.43. Subsequently, it was discovered that they had not submitted a signature page with their bid. The signature page was received after the bid opening. As all other pertinent information was submitted properly, staff is recommending award of bid to Siga, waiving as a technicality the late submittal of the signature page. Recommend waiver of bid irregularity and award contract to Siga, Inc. in the amount of $71,331.43 with funding from 1987 Utility Tax- Congress Avenue/Lake Ida (Account No. 333-4141-572-61.28). N. Acceptance of Easement Deed and Release of Escrow. A condition of sale of the former Adult Bookstore property was that a 12 foot utility easement be dedicated. This item is before you for acceptance of that easement. In addition, the contract with the Turners provided that $7,500 was to be placed in escrow for the purpose of reimbursing the Turners for monies expended to bring the property up to Code. The Turners have submitted paid invoices evidencing work in - 11 - AGENDA REPORT Meeting of 6/26/90 bringing the property up to Code in the amount of $7,500 and now seek release of the escrowed funds. The City Attorney's office has reviewed this request and recommends release of escrowed monies. and release of escrow in the amount of $7,500 for the Turner property. Recommend acceptance of a 12 foot utility easement and release of escrow funds in the amount of $7,500 to the Turners. O. Authorization to Seek Funding. The Historic Preservation Board is requesting authorization to seek additional funding and accompanying matching funds for the Design Guidelines project. Previously a grant of $4,000 along with a City match of $5,500 was approved for the Design Guidelines project. Costs of the project have run considerably more than anticipated and the project is being redefined. Additional matching grant funding in the amount of $4,500 is available. The City's share of the match funding is available . from Planning and Zoning Department Consulting (Account No. 001-2511-515-33.15). Pursuit of additional funding would provide a total project allocation of $18,500 ($8,500 grant funds and $10,000 City funds). It should be noted that the City would not be required to expend any more than $8,500 of it's funding contribution. The Historic Preservation Board at their June 21st meeting reviewed the circumstances regarding this matter and recommended that additionally funding be obtained. Recommend approval of authorization to seek additional matching grant funding in the amount of $4,500 for the Design Guidelines Manual project, with City matching funds from Planning and Zoning Department Consulting (Account No. 001-2511-515-33.15). P. Authorization to Initiate Rezoning. The item is before you as result of direction received at your June 19th workshop. Staff is requesting authorization to proceed with rezoning of the property selected as the site for the relocation of Fire Station No. 1. The purpose of proceeding with the rezoning action is to publicly determine if this will or will not be the site for the relocation of Fire Station No. 1. The initiation of the rezoning process does not rezone the property. Rather it sets in motion the public hearing and notification process. Because this is a City initiated rezoning, it is necessary to notify affected property owners, by letter postmarked at least 30 days prior to a public hearing. Concurrently, the Commission may wish to direct that negotiations - 12 - AGENDA REPORT Meeting of 6/26/90 with the affected property owners be pursued. The Planning and Zoning Board has reviewed the proposal for the siting of Fire Station No. 1 and found it generally consistent with policies and directives of the Comprehensive Plan and recommend that rezoning to CF (Community Facilities) District be initiated. Recommend initiation of rezoning from GC (General Commercial) District and R-1-A (Single Family Dwelling) District to CF (Community Facilities) District and direct negotiations with affected property owners be initiated concurrently. Q. Proposed Entrance to S.D. Spady Elementary School. This item is before you for clarification of direction received at your June 19th workshop. The Education Board will be meeting with representatives of the Palm Beach County School Board on the afternoon of Tuesday, June 26th. Additionally, information regarding this item is expected to be available at your Tuesday > evening meeting. R. Appointment of Two Members to the Downtown Development Authority. There are currently two vacancies on the Downtown Development Authority. Linda Glass no longer has a business in the downtown area, nor does she reside in the City and therefore is ineligible to continue serving on the Board. Constance Tuttle has served two consecutive terms and is not eligible for appointment to another term. These appointments are regulated by State Statutes. We have received applications from: Phillip Abrell (Mole Hole) Bruce Gimmy (Trouser Shop) Robert Brewer (Trellis Shop) Carol Stanley (Law Office) Anne Bright (Cottage Door) Paul Steele (Bonnell Realty) Hugh Gage (Resident) Christine Wenzel (Mercer Wenzel) These are Seat 1 and Seat 2 appointments. Recommend appointment of two members to the Downtown Development Authority to terms ending July 1, 1993. S. Appointment of Two Members to the Civil Service Board. K. Howard Wiener's term on the Civil Service board expires on June 30th. He is eligible and has requested appointment to another term. Likewise there is an additional unfilled vacancy on the Civil Service Board that the Commission may wish to act upon. We received applications from: *Sally Antonelli Sam portnay William Weitzberg Dr. Jack Crespin Murray Sohmer Donald Zimmerman - 13 - AGENDA REPORT Meeting of 6/26/90 **Robert P. Ferrell ***K. Howard Wiener *Seasonal resident. **Currently serving on Human Relations Committee. ***Incumbent. These are Seat 2 and Seat 3 appointments. Recommend appointment of a member to the Civil Service Board to a term ending June 30, 1992 and appointment of a member to the Civil Service Board to a term ending June 26, 1992. T. Appointment of Two Members to the Community Appearance Board. There is currently one vacant alternate position on the Community Appearance Board caused by the resignation of Norman Radin and a vacant architect position. Mr. Radin submitted his resignation to be effective immediately, however, he has consented to remain on the Board until an appointment is made to fill his seat. We received applications for the alternate , position from: Sandra W. Almy Anne S. Bright Sam portnay Rettig Talbot Dave Bodker Michael Caistor *Mildred Scherer Robert Brewer Debora Oster Marc Shepard *Will be out of town for the month of August. - We received applications for the vacant architects position from: John Baccari *Richard Brautigan Jess Sowards *Currently serving on Human Relations Committee. These are Seat 3 and Seat 4 appointments. Recommend appointment of an alternate member to the Community Appearance Board to a term ending June 26, 1992 and appointment of a member to the architects position to a term ending June 26, 1992. U. Appointment of a Member to the Public Employees Relations Commission ( PERC) : The managerial position on the PERC is currently vacant. The appointee to the managerial position, by Code, is described as "a person who, on account of previous vocation, employment, or affiliation, is, or has been, classified as a representative of employers". It should also be noted, that neither the chairperson nor any other member shall be employed by, or hold any commission with, any governmental unit in the state or any employee organization while serving on PERC. We received applications from: - 14 - AGENDA REPORT Meeting of 6/26/90 Dr. Jack Crespin Leo Kerstein Virginia Cady Schmidt Robert Ferrell Milford Ross William Weitzberg This is a Seat 4 appointment. Recommend appointment of a member to PERC to a term ending June 26, 1994 to fill the vacant managerial position. 10. Public Hearings- 7 p.m.: NO PUBLIC HEARING ITEMS. 11. Comments and Inquiries on Non-Agenda Items from the public- Immediately following Public Hearings. 12. First Readings: C. (Ordinance No. 20-90) This is a First Reading of an Ordinance amending Ordinance No. 38-84 pertaining to The Gulfstream > Building located at the northwest corner of N.E. 8th Street and Andrews Avenue to provide for a modified list of conditional uses to be permitted under S.A.D. (Special Activities District). This property was zoned SAD in 1984. The enacting ordinance provided for a limited number of uses, in addition to limiting the quantity and floor area of such uses, and included a sunset provision for the pharmacy and four medical office uses. The petitioner initially sought rezoning to LC (Limited Commercial) District however, upon advisement that LC zoning would become inconsistent with the "Transitional" land use designation, modified his petition to expand the number of allowable uses under SAD. The Planning and Zoning Board at their June 18th meeting reviewed this item. Four residents spoke in opposition and several letters of opposition have been received. The Planning and Zoning Board concluded that no new commercial or retail uses should be allowed; and, recommended denial of the modified petition (4-1 vote) . The Board also considered a motion to accept a modified petition for rezoning from SAD to POC which failed by a 3-2 vote. Further, the Board provided an advisory recommendation that they would support a revised petition which removed the sunset dates for the pharmacy and medical office uses and which would remove restrictions on the absolute number and floor area restrictions imposed upon current allowable uses. A detailed staff report is attached as background material for this item. Subsequently, the petitioner has come forth refuting the formal recommendation of the Planning and Zoning Board regarding the POC - 15 - AGENDA REPORT Meeting of 6/26/90 rezoning request and is again requesting consideration of POC rezoning. Should the Commission wish to entertain this request, this ordinance should be continued to your next regular meeting with direction to modify it to accommodate such an amendment. Alternatively, the Commission may wish to act upon this ordinance as written, either approving or denying it on first reading. Approval action will establish a public hearing datej while denial will require the reprocessing, in total, of a new petition. Additionally, pursuant to the City Code, denial of this request will prohibit acceptance of a new rezoning petition for a period of six months. However, the Commission maintains the option to waive this prohibition. Recommend consideration of Ordinance No. 20-90. B. (Ordinance No. 21-90) This is a First Reading of an Ordinance amending the Code of Ordinances be enacting a new chapter "Stormwater" to provide for the creation and establishment of a city-wide stormwater management system. The purpose of this . ordinance is to raise funds to correct drainage problems throughout the City. Assessment fees will be established by Resolution. Fees will be assessed in proportion to the amount of run off generated by each property. With the assessed fee being roughly the same for all single family homes. Recommend approval of Ordinance No. 21-90. C. (Ordinance No. 22-90) This is the First Reading of an Ordinance amending Chapter 150, "Building Regulations" of the Code of Ordinances to provide a fee schedule for change of contractorj failure to call for final inspectionj plan check and revised plan reviewj and providing for conditional certificates of occupancy. The fee structure established in this ordinance is as follows: $50 for each and every change of contractor. $50 for failure to call for a final inspection. *Fee equivalent to one-half of the building permit fee for proposed construction which exceed $20,000 and requires a plan check. $15 fee for a change or revision in plans or shop drawings, an additional $1.00 fee will be assessed for each additional revised sheet. $63.50 fee for the issuance of an additional certificate of occupancy. $629.50 fee for the issuance for a conditional certificate of occupancy. *The first plan-check fee shall be credited to the cost of the - 16 - AGENDA REPORT Meeting of 6/26/90 permit at ti~e of issue. This charges are in line with similar fees being assessed by the surrounding municipalities. Recommend approval of Ordinance No. 22-90. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager - 17 - . 1 1I~ fJF DELRRY ~ER[H i I , , . -~ --- .,. liJHEREAS , recreation enhances the health and well-being of people of every age, young and old, able and handicapped; and, ~1HEREAS , the importance of recreation must be continu- ally reemphasized in a technologically advanced society such as ours; and, WHEREAS, all citizens can enjoy self-renewal in the out- of-doors through green spaces and facilities in parks; and, ~'JHEREAS , our State parks are major attractions each year, not only for our own citizens, but also for the millions of visitors to Florida; and, t^!HEREAS, other governmental bodies, such as the Federal Government, cities and C":ounties, also maintain parks and play- grounds for the benefit of residents and visitors; and, t^7HEREAS , we, as a nation, must have an a,vareness of the potential value to us of leisure and recreational activities; NOW THEREFORB, I, TH0r4AS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim July, 1990, as II RECREATION AND PARKS ~'1ONTH" in Florida and urge that attention be directed to the many ways in which park, recreation and civic groups, public schools, private organizations, and other agencies may expand recreation facilities and programs so every citizen will have the opportunity to develop meaningful and satisfying leisure activities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida to be affixed this 26th day of June, 1990. MAY 0 R THOMAS t;' LYNCH '-'. SEAL Vi a ADDENDUM TO TENNIS PROFESSIONAL CONTRACT This Addendum entered into this day of , 1990 between the City of Delray Beach, Florida ("City") and Edward Foster ( "Tennis Pro"), hereby renews for a period of one (.1 ) year, the Tennis Professional Contract entered into on September 16, 1986 (the original agreement). NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed by and between the City and the Tennis Professional that: 1- The renewal of this contract pursuant to paragraph l(d) of the original agreement, shall be for a one year period commencing on September 30, 1990 and shall end at the close of business on September 30, 1991- 2. The seventy-five dollar ($75.00) monthly rental fee referred to in paragraph 4(e) of the original agreement and paragraph 3 of the addendum remains unchanged, but is subject to renegotiation at the City's request, at such time the City has located its new Tennis Center. 3. The Tennis Professional shall receive a salary increase and performance bonus as provided for general employees. 4. As a clarification of the current contract, the Tennis Pro shall pay all expenditures for registration, trophies, balls, etc. and receive all revenues from the five ( 5 ) junior tennis tournaments held each year. All revenues from other tournaments shall be deposited with the City. 5. All other terms and conditions of the original agreement dated September 16, 1986 and the addendum entered into June 29, 1988 shall remain unchanged and in full force and effect. CITY OF DELRAY BEACH, FLORIDA By: David T. Harden, City Manager - ATTEST: - ~ City Clerk Ed Foster Tennis Professional Approved as to Legal Form and Sufficiency: Assistant City Attorney ~~ . {"!I.. /^- / . [IT' DF DELAA' BEA[H - . CITY ATTORNEY'S OFFICE .....; i , ; !<: : r. .,1 ITI -+ 'I ! '< \ Y 1)1 \( if. I luRl[)\ ",.Qx3 ..... ,- ~-J. ',- " 1'1, I i I '\ l'i'!l R-l,,7 ~~ 4~55 MEMORANDUM Date: June 20, 1990 To: City Commission David Harden, City Manager From: Susan A. Ruby, Assistant City Attorney Subject: Modification of Contract with A.L. Roark, Inc. Our office, at the request of the Police Department has drafted the attached contract modification to our contract with A.L. Roark, Inc. for software on the new computer system. The modification extends the time of compliance from 160 days to 330 days from the date of the agreement in order that the Ci ty and A.L. Roark has the additional time to implement the software. The modification also eliminates the obligation of A.L. Roark to provide a Pen register interface, due to the purchase of a new Pen register which includes software. There is no change in contract price. Please insure that this contract is placed on the City Commission agenda of June 26, 1990 for City Commission approval. ~ S . cc Chief Charles Kilgore, Delray Beach Police Department Major William H. Cochrane, Delray Beach Police Department ~\3 . Modific~tion to the Program License and Support Agreement Between the City of Delray Beach and A.L. Roark Associates, Inc. This modification of the original agreement of January 18, 1990, between A.L. Roark and Associates, I nc. , ("ALR"), and the City of Delray Beach, Florida, a Florida municipal corporation ("Client"), is made and entered into this day of , 1990, by and between the aforesaid parties. WIT N E SSE T H WHEREAS, the original agreement between the parties of January 18, 1990 provided a time frame for completion; and, WHEREAS, the original agreement between the parties of January 18, 1990 provided for a certain payment schedule coordinated to the time of completion; and, WHEREAS, the Client and "ALR" desire to modify the time of performance and payment schedule as specified in this addendum; and, WHEREAS , the Client and "ALR" wish to modify the allocation of the contract price among various components which will not increase the total contact price; and WHEREAS, the Client and "ALR" wish to eliminate the requirement relating to Pen Register software. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES, AND COVENANTS CONTAINED HEREIN, ANOTHER GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY AND RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, IT IS AGREED AS FOLLOWS: ---_...~ - _....~.'".u_ ~ . - 1- The recitations stated above are hereby incorpo- rated herein by reference. 2. Paragraph 4A of the original agreement shall be replaced with the following: 4A. ALR will provide to Client three 8 hour days of preinsta11ation, on-site consulta- tion services pertaining to the license program and materials. 3. Paragraph 4B of the original 'agreement shall be replaced with the following: 4B. ALR will provide to Client thirteen 8 hour days of training and installation services pertaining to the license program and materials. 4. Paragraph 4C of the original agreement shall be replaced with the following: 4C. ALR agrees to complete the service described in Paragraph 4 herein within 330 days following execution of this agreement and Client agrees to provide full coopera- tion in ensuring that these services can be completed. Such completion is contemplated on the conditions set forth in Paragraph 7 below. If Client does not allow these services to be performed wi thin this time period, or if Client has not completed all of their preinstallation tasks, then the services shall be deemed to be completed and all fees shall be payable. 5. Paragraph 4I of the original agreement shall be replaced with the following: 4I. ALR shall provide Client with the mainte- nance and repair of any reproducible program error or malfunction that may be discovered in ALRs unaltered current license program, for a two year period from date of installation and will provide any 2 & - . update that may be released and made generally available by ALR from time to time for no additional cost to Client. Client shall notify ALR in wr i ting of any program errors or malfunction specifying the reasons the license program does not perform in accordance with current published specifications. Client shall provide ALR with examples of the error or malfunction and any supporting materials requested by ALR. When Client notifies ALR of any error or malfunction, and after investigation by ALR, it is determined by ALR that the problem is ~ue to Client error in the use of the License Program, as opposed to an error, defect, or non- conformity in the License Program itself, at ALRs discretion, such error or malfunc- tion shall be investigated and corrected, and Client shall pay ALRs then current time rate for all service provided, and reim- burse ALR for all travel time at the then current time rate, and for materials and other allowable out-of-pocket expenses. ALR shall not be responsible for providing maintenance and support to the Licensed Program and Materials except at the author- . ized location for Client's use of the Licensed Program and Materials. 6. Paragraphs 6A-2, 6A-3, 6A-4, and 6A-5, of the original agreement shall be replaced with the following: 6A.2. Twenty-percent (20%) of the fee for a module fee defined in Section 6B shall be properly payable upon the installa- tion of the Licensed Programs. 6A.3. Twenty-percent (20%) of the fee for a module as defined in Section 6B shall be promptly payable upon completion of training, and any conversation services provided by ALR as described in Paragraph 4D. 6.A.4. Twenty-percent (20%) of the fee for a module as defined in Section 6B upon acceptance and approval of the 3 -,. I application software on in-house computer at Client's site. Such acceptance and approval is to based upon ALR meeting the functional requirements which begin on page 50 and are as listed in ALR's response to request for proposals which is contained wi thin Exhibit A shall be completed no more than twenty (20) days after training has been completed as provided in Paragraph 6.A.3. 6.A.5. Twenty percent (20%) of the fee defined for a module after the soft- ware module has been operational for ninety-five percent (95%) of the time for thirty-one (31) consecutive days. Test period must commence no more than twenty (20) days following completion of Paragraph 6.A.4 for the module. Only time directly related to applica- tion software failure shall be included in non-operational time. If such believed failure, after investi- gation, is found to be errors in the use of the Licensed Programs or Materials or problems brought about by hardware or software provided by another vendor to Client, then the specific functional requirement involved will be deemed to have been met. 7. Paragraph 6B of the original agreement shall be amended to read as follows: 6B. The total contract price includes the following items, including support and maintenance for a two year period at no extra cost to Client: Law Enforcement Records Management License 45,000 Modifications 7,280 Implementation 4,552 56,832 Computer Aided Dispatch License 30,000 Implementation 2,611 32,611 4 . - - Personal Management License 8,000 Implementation 696 8,696 Equipment Management License 8,000 Implementation 696 8,696 , Public Safety Communication System License 25,000 Implementation 2,175 27,175 Hot Site Back-up License 10,000 Implementation 870 10,870 TOTAL $144,880 8. Paragraph 7 of the original agreement shall be replaced to read as follows: 7. DELIVERY. The Licensed Program and Materials shall be delivered to Client within three hundred (300) days following execution of this agreement provided Client shall have first completed all pre- installation tasks and requirements as specified by ALR through separate written instructions delivered to Client (either prior to or contemporaneously with the execution hereof) . Upon delivery of the Licensed Program and Materials to Client, Client shall assume all risk of loss and damage to the Licensed Program and materi- als. However, ALR, upon request by Client, shall provide, if necessary, an additional copy of the Licensed Materials at no additional cost to Client, except for cost relating to postage, cost of media, and man hours necessary to make such copies, in the event the Licensed Materials are damaged to the extent that it impairs the City's operations. Installation of the Licensed Program shall occur within ten (10) days of the date of shipment. The license fee hereunder shall be deemed earned in its entirety upon acceptance and approval by Client according to the terms of paragraph 5 -.---. - 6A. Client shall furnish to ALR free of charge access to Client's computer for the per iod of time reasonably required by ALR for installation of the Licensed Program, and Client shall provide computer equipment appropriately, configured for the Licensed Program. Client shall provide the follow- ing resources for ALR' s use in its performance under this Agreement: A. One (1) qualified Client Staff member assigned to work with ALR's represen- tative on the installation of the Licensed Program with appropriate authority to make binding decisions for Client. Client acknowledges and understands that ALR will rely upon a Client staff member having the afore- said authority. Client agrees to give ALR reasonable advance notice as to the identity of such Client staff member assigned to work with ALR; and upon reasonable request by ALR, Client agrees to substitute another Client staff member with the aforesaid authority; B. The availability of Client's personnel upon request of ALR to answer ques- tions and advise ALR or Client staff member with aforesaid requirements; C. Adequate office space at the site of installation; and, D. Computer supplies during installation, including, but not limited to paper, disks, diskettes and tapes.] 9. "ALR is released from any obligation to provide the Pen Register Interface, as referenced on Page 59, "Functional Requirements" and page 99 and 100 of the RFP response. The $1,100.00 allocated for Pen Register software shall be used as an offset towards the costs of performing the Unisys data conversion. 6 I - . 10. All of the terms and conditions of the original agreement are incorporated herein and are not superseded unless such terms and conditions are expressly altered or changed by this modification to the original agreement. 1l. As of the date of this agreement, the entire integrated agreement consists of the original agreement and addenda thereto and this modification. The aforesaid integrat- ed agreement supersedes all prior negotiations, statements, instructions, and representations or agreements, whether written or oral. 12. The invalidity or legality of any provision of this addendum to the original agreement as determined by a court of last resort of competent jurisdiction shall not affect the validity of the remainder of this agreement. This agree- ment shall remain in full force and effect as if such illegal or invalid provision were not contained herein. IN WITNESS WHEREOF, the Client and ALR have executed this contract as of the day and year first above written. CITY OF DELRAY BEACH, FLORIDA By: MAYOR ATTEST: City Clerk Approved as to legal sufficiency and form: City Attorney 7 "0__. .<--- I . - - A. L . ROARK AND ASSOC., INC. Witness By: Witness State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the persons described in and who executed the foregoing instrument as , a corporation organized under the laws of the state of Florida. They acknowledged before me that they executed the foregoing instrument as such officers in the name and on behalf of the corporation, and that they also affixed thereto the official seal of the corporation. SWORN TO AND SUBSCRIBED before me this day of , 1990. Notary Public My Commission Expires: 8 . _.."__""__._H'.' ~,~,".,_ _ e_"._'H i ~ Delray Beach Police Department ~ ~ 300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 - . (407) 243-7888 Fax (407) 243.7816 CHARLES KILGORE Chief of Police . . MEMORANDUM TO: Susan Ruby, Assistant City Attorney . FROM: Charles Kilgore, Chief of Police DATE: June 13, 1990 SUBJECT: A.L. ROARK CONTRACT MODIFICATION Our conversion from the old computer system to the new computer system ( IBM AS400 with A. L . Roark software) is progressing well and on schedule; however, it is apparent that the magni tude of the job is such that we need additional time. The additional time is necessary because of the need to interface the system with areas outside of our control; such as Palm Beach County Sheriff's Office, Florida Department of Law Enforcement and E9-1-1, as well as setting up a reliable and accurate geographical database to include police and fire services. We have conferred with A.L. Roark and City MIS, and the new dates are more realistic for both parties. Furthermore, please note that the total figure for the new payment schedule has not changed, but rather is broken down into detail. The attached contract modifications are agreeable to all involved, and it is respectfully requested that it be placed on e 26th Commission Agenda for action. CHARLES KILGO Chief of Police CK:AMM:v1s Attachment cc: City Manager~ Mr. D. Harden Major Wil~iam H. Cochrane PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER . SENT av:A L Roark & Associates 05-29-90 12: 34PM 11111661916B278294~ 407 243 7816 . N 3 - - May 25, 1990 Ms. Tina Lunsford Delray Beach' Pollee Department 300 West Atlantic Avenue Delray Beach, FL 33444 \ Dear Tina: This Is In regards to the modifications which you requested in the contractual agreement between The City of Delray Beach and our firm. These modifications are Intended to reflect the tlm. schedule you have requested and the fact that the Department will not undertake the Im- plementation of all software ilt the same time. I feel the.. change. are wise. Most departments can not simultaneously undertake the num- ber of projects represented by this software. This should allo pro- vide the time you require to obtain the other Information we require. I have left sufficient time to reflect all of these concerns. The changes we suggest are as follows: 1 . Replace Paragraph 4A with the following: A. ALR will provide to CLIENT three (3) eight (8] hour days of pre-Installation on site consultation .ervlces pertaining to the LIcensed Program and Materials. 2., Replace Paragraph 48 with the following: B. ALR will provide to CLIENT thirteen (13) days (eight [81 hour days) of training and Installation services pertlllnlng to the Licensed Program and Material.. 3. Replace Paragraph 4C with the following: c. ALR agrees td complete the services described In paragraph II herein within three hundred and thirty (330) days following execution of this agreement and CLIENT agrees to provide full cooperation In Insuring that these services can be completed. Such completion Is contemplated on the conditions set forth In Paragraph 7 below. If CLIENT does not allow these servIces to be performed within this time period, or If client has not completed all of their pre-Installation tasks, then the ser- vices shall be deemed to be completed and all fees shall be payable. A. L. Roark & Associates, Inc. 406 Rottmont Garden. Lexlnaton, Kentucky 40:503 · 606.278-9581 _.".~_...- -""_... ~t:Jj I l;) I; H L.. r<:uar K ~ HSSQC Iclt.eS "'::J-..::::,I-9~ 1.c:::..:)~1"1 11111b6191602'782942~ . 407 243 7816 ** 4 4. Modify Paragraph 41 with the following: . I. ALR shall provide CLIENT with the maintenance and repair of any reproducible program error or malfunction that may be dIscovered In ALR's unaltered current License Program, for a two year period from date of Installation, and will provide any Update that may be released and made generally available by ALR from time to time for any additIonal cost to CLIE~T . CLIENT shall notify ALR In writing of any program errors or malfunction speclfy'ng the reason the Licensed Program does not perform In accordance with current published specifications. Client shall provide ALR with e)Camples of the error or mal function and any supporting matarlals requested by ALR. When client notifies ALR of an error or malfunction, and after investiation by ALR, it is determined by ALR that the problem is due to Client error In the use of the Licensed Program, as opposed to an error, defect or nonconformity tn the Licensed Program itself, at ALR's dlscreUon, such error or malfunction shall be investigated and corrKted, and Client shall pay AlR's then current time rate for all service pro- vided, and reimburse ALR for all travel time at the then current time rate, materials and other allowable out-ot-pocket ex.penses. ALR shall not be responsible fol'" providing maintenance and support to the License Program and Mater-Ials except at the authorized location for Client's use of the Licensed Program and Materials. S. Replace paragraphs 6A2,6A3,6A4, and 6A5 with the following: A. 2. Twenty (20) percent of the (ee for I modules fee defined In s.ctlon 58 shail be promptly payable upon the Installa- tion of the licensed Programs. 3. Twenty (20) percent of the f.e for a module as defined In section 5 B shall be promptly payable upon completion of training, and any conversion services provided by ALR as described In Paragraph _0. II. Twenty (20) percent of the fee for a module IS deftned In section '58 upon acceptance and approval of the application software on In-house computer at CLIENT1S site. Such acceptance and approval Is to be based upon ALR me.tlng the functional requirements which begin on page SO and ar-e as listed in ALR's Response to Request for Proposals, which Is contained within Exhibit A. Paragraph 6. A. 4 shall be completed no more thiln 20 days after training has been completed as provided In Paragraph 6.A.3. SENT ev:A L Roark 8. Aaaoclatu 05-29-90 12: 36PM 1111166191~ 40? 243 7816 "fit 5 . 5. Twenty (20) percent of the fee defined for 8 module after the software module has been operational for ninety five (95) percent of the time of thirty one (31) consecutive days. Test period must commence no more than twenty (20) days following completion of Paragraph 6.A... for the module. Only time directly related to application soft- ware failure shall be Included In non-operational time. If such believed failure, after Inve.tlgatlon, Is found to be errors In the use of the L'cens.d Programs or MaterIals or problems brought about by hardware or soft- ware provided by another vendor to CLIENT, then the specific functional requirement Involved will be deemed to have been met. 6. Modify paragraph 68 to read as follows: B. The total contract price Includes the following Items, Including support and maintenance for a two year period at no extra cost to CLIENT: Law Enforcement Records Management License 115,000 Modi flcatlon 5 7,280 Implementation ~,5S2 56,832 Computer Aided Dispatch License 30,000 Implementation 2,611 32,611 Personel Management L.lcenle 8,000 Implementation 696 8,696 Equipment Management License 8,000 Implementltlon 696 8,696 Public Safety Communlcatfon System Llcen.. 25,000 Implementation 2,175 27,175 Hot Sit. Back-up License 10,000 Implementation 870 10,870 TOTAL "44,880 1. Modify Paragraph 7 to read as follows: 7. DELIVERY. The Licensed Program and Materials shall be delivered to CLIENT within three hundred (300) days following execution of this agreement, provided CLIENT shall have first completed all pre-Installation tasks and requIrements 8S specified by ALR through separate written Instructions delivered to CLIENT (either prIor to or contemporaneously with the execution hereof). ULrn deliver.,. of the licensed Program and Materials to C lENT. Cl.IENT shall assume all risk of 105S and damage to the Licensed Program and materia's.... -.".,.".., ~.,"._..__.. . ... ,.._--_.,'-,.""~._-~.._-"...~,-_."- . SENT BY:A L Roark & As~ociate~ 05-29-90 12: 36PM 1111166191602~ 40'7 243 7815 ** 6 . . , I f you have any questions, please let me know. I hope this can be quickly resolV'lld so that we can proce.d. I am currently very concerned regarding this and hope that It does not get delayed as long as the original contract. v~ truly yours, ~ . A. L. Roark cc: Richard Zucarro Chief The City of Delray Beach Florida . i . .: , "._~- . z MEMORANDUM TO: David T. Harden city Manager FROM: William H. Greenwood Director of Public utilities SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING JUNE 26, 1990 - POST, BUCKLEY, SCHUH & JERNIGAN, INC. AUTHORIZATION NO. 17 DATE: June 19, 1990 Item before city Commission: Request City Commission to approve Authorization No. 17 between the city and Post, Buckley, Schuh & Jernigan, Inc. regarding the survey, design, permitting, bidding, engineering during construc- tion and resident services for the Southeastern and Related Transmission Mains. Funding source shall be Transmission fees 441-0000-253-12.00 in the amount of $118,764.00 This fund has an account balance of $1,363,521.88. Backqround: The project consists of the design of approximately 14,700 lineal feet of 16, 20 and 24 inch diameter potable water distribu- tion/transmission mains from the Delray Water Treatment Plant to the new Miller Park storage and Repump station and from the Miller Park facility running east and west connecting into the existing water distribution system. The water main will provide additional distribution and fire flow capacity. The Engineer will provide survey, design, permitting, bidding and engineering during construction and resident services. ~ This project was previously contemplated to be design and coordi- nated by the City Engineers department, however, because of existing work load the city Engineers Department has requested the Publi~ utilities Department to obtain a proposal from Post, Buckley, Schuh & Jernigan to perform the necessary professional services. Recommendation: Staff recommends approval of Authorization No. 17. This project is in accordance with the improvements recommended in Post, Buckley, Schuh & Jernigan Inc. Master Plan for the Water Trans- mission and Distribution System. This system is an integral part of the 1.5 Million gallon Miller Park Storage and Repump Station, which was approved by City commission on January 10, 1989. We anticipate advertising the Miller Park storage and Re-pump station the beginning of July 1990. It is imperative that the design of the Southeastern and Related Transmission Mains be authorized at this time so both projects will be completed simultaneously. ~4~ William H. Greenwood cc: Robert A. Barcinski, Asst. city ManagerjCS John Elliott, Asst. City ManagerjMS J\:~~~:t...\; ; ".. ;,"" "',, _~,"~i>>.:>:~,.."IIIi . ,..1"....'._'~,.,...,""'L,..._..._. . _. --"- "--- ! ~ ~~.~ , . .r:;S , ~. ui~:; L,4 i ~" . .----- ._______n...__ ...._..__________.__..._...._ _____..____________..n__ ____.._...___..._____.__.__.__.___..._ POST, BUCKLlY. SCHUH&-)ERNIGAN. INC.---- - _____________._u_ ..----- - .-- .-- .--.------..--...----.... .--.- --"-" 5300 WEST CYPRESS STRUt ~;Ullt 300 . ~_._-..- --- TAMM. n.oRJlYI 33607-106(, (813) 877-7275 -....- RECEIVED -~ -... -.- -c : JUN 1 _5 90 PUBLIC UTILITIES June 14, 1990 Mr. William H. Greenwood, P .E. City of Delray Beach 200 N. W. 1st Avenue Delray Beach, Florida 33444 Subject: Delray Beach Southeastem and Related Transmission Mains Dear Mr. Greenwood: Please find attached five (5) copies of the authorization for the above subject project which have been executed by Mr. James T. Glass, President of Post, Buckley, Schuh & Jernigan, Inc. We are ready to initiate tris program as soon as authorized, in fact, we will begin sur'ley activities with your verbal authorization. If I can be of any assistance, please do not hesitate to contact me. Sincerely, 2~CHUH& JERNIGA /c. C. Edwin Copeland, Jr., . . ~ Regional Environmental Man er CEC/rc Attachment tm:EnvContS:D4/1 ENGINEERING · PLANNING. ARCHITECTl! D:. . -_.~, --'.---- AUTHORIZATION NO. ..i2.- TO AGREE~IENT Entered Into and Between CITY OF DELRA Y BEACH, FLORIDA 100 N. W. 1st Avenue Delray Beach, Florida, 33444 : Dated February 1, 1989 .\nd POST, BUCKLEY, SCHUH & JERNIGAN, INC. 5300 West Cy"ress Street, Suite 300 Tam"a, Florida 33607 For Southeastern and Related Transmission \fains Post, Buckley, Schuh & Jernigan, Inc. (ENGINEER) shall ~rovide ~rofessional engineering services, as hereinafter described, to the City of Delray Beach (CITY) for the design, ~ermitting, and services during construction for 16, 20, and Z;\-inch water transmission mains from the Delray Beach WTP to the new '-liller Park Storage Facility, and from the :\1iller Park Facility east and west connecting to the existing system. 1.0 BACKGROUND Project Description/Scope of Desiltn The ~roject consists of the design of a"proximately 14,700 L.F. of 16, 20 and 24-inch "otable water distribution/transmission mains from the Delray WTP to the new \1iller Park Storage and Re"ump Station, and from the \liller Park Facility running east and west connecting into the existing water distribution system. The watermain will "rovide additional distribution and fire now ca"acity. The ENGINEER will ~rovide surveying, design, "ermitting, bidding, engineering during construction and resident services. 2.0 SCOPE OF SERVICES 2.1 PRELIMINARY ENGINEERING REPORT A ~reliminary engineering report has been ~re~ared identifying feasible o"tions for a ~ortion of the pro"osed water mains and a recommendation of the most cost . effective alternative along with a sketch of alignment of each alternative. This re"ort entitled, "Southeastern Transmission Main Preliminary Design Re"ort", will be used as the basis of design for the water main connecting the City WTP with the Miller Park Storage Facility. A letter "reliminary engineering re"ort will be prepared and used as the basis of design for new water mains in the areas east and west of the Miller Park Facility. 2.2 SURVEYING -' 1 Surveying of the routes of the water mains will include a right-of-way survey j identifyilll topography and existing features, horizontal and vertical control. The level of detail of identifying existing underground facilities will be dependent upon the availability and accuracy of record drawings provided by the CITY as well as other agencies and private utilities and the feasibility of exposing existing facilities tor location in the field. 2.~ ~=:(jIi c~:.;sE SERVICES Final design based u"on the preliminary engineering report as a~proved by the CITY and current hydraulic modeling, consistent with applicable Federal. State and local regulatory agency requirements, will consist of engineering drawings, technical specifications and contract documents. These documents will be submitted to the CITY for review at the 60 percent and 90 ~ercent stage of com~letion. Engineering Drawings will be ~re~ared at 1" = -\0' scale and specifications will incor"orate Delray BeaCh Public C'tilities De~artment standards for water system installations and im~rovements. tm:EnvCont3:C8/1 -1- 2.4 PERMITTING . The ENGINEE-R will prepare and furnish to the CITY for their execution and submittal, necessary regulatory agency permit applications along with required documentation, and will pursue each permit on behalf of the CITY. - . 2.5 BID PHASE SERVICES The ENGINEER will prepare an advertisement for the project for bids, respond to bidders questions during the bidding process, issue addenda if required, attend the . bid opening, prepare a bid tabulation and recommend to the CITY the lowest qualified bidder. The CITY agrees that the ENGINEER may charge prospective bidders a non-refundable payment to cover printing and handling costs of the document. ~.6 BASIC SERVICES DURING CONSTRUCTION Engineering services during construction will include project management, coordination with the CITY and the contractor, responding to questions by the contractor during construction, review and approval of shop drawings, site visits (3) by the project engineer during critical phases of construction, review and approval of pay requests, certification of the project upon construction completion and preparing record drawings for the project based upon marked-up drawings maintained by the contractor. A set of reproducible mylar record drawings will be delivered to the CITY upon completion of the project. 2.7 RESIDENT CONSTRUCTION SERVICES During construction, a resident project representative or the ENGINEER will be on-site to provide construction observation and coordinate project administration. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the resident project representative, the ENGINEER will endeavor to provide further protection for the CITY against defects and deficiencies in the work. However, in providing resident project services, the ENGINEER nor its staff will be l"esponsible for the means, methods, techniques, or procedures of construction selected by the contractor or for safety precautions and programs incident to the work of the contractor or for any failure of the contractor to perform the construction work in accordance with the Contract Documents. It is anticipated that resident construction services will be required for the proposed 15 week construction period with the Con tractor responsible for reimbursement of any inspection overtime. 2.8 HIGH-SERVICE PUMPS AT SOUTH PUMP STATION In order to fully utilize the Miller Park Pump Station (under design) and the southern transmission main, an additional high service pump needs to be installed at the South Pump Station. The ENGINEER will prepare appropriate drawings and specifications to install a new high service pump at the South Pump Station. This pump and motor will be installed on the pad provided in previous work and will connect to the existing piping system and existing electrical and instrumentation -, control paneL The new high service pump will be sized to match the existing high service pumps. No work is anticipated outside the existing pump station. The drawings and specifications tor this work will be included in the North Tank and J Pump Station Upgrade Contract Documents. 2.9 ADDITIONAL ENGINEERING SERVICES Additional engineering services which may be necessary tor completion ot the design ot the project or which may be requested by the CITY, and are not speCifically incl;;~~~ :~ ~:-:::; ~cope ot services, will ::;" t-.... :". ...-...':: by the ENGINEER on a time plus reimbursables basis, when such addi tional services are authorized by the CITY at an agreed upon fee. 3.0 CITY'S RESPONSffiILITIES a. Provide coordination with other CITY departments which may have information on or will review this project. b. Provide timely review and approval of submittals by ENGINEER. tm:EnvCont8:C8/2 -2- - ~- l --41 e. Existing soils information or new soil borings and testing along the selected route. . d. Pay all permi t application fees. e. Provide all available data, details, drawings and other information relating to existing or proposed CITY facilities. 4.0 CO MPENSA TI0N Compensation for engineering services shall be based upon the AGREE :.lE~T entered into and between the CITY and ENGINEER on June 10, 1935 f0r Additional Services and latest .\;.lE~ D~.lE~T February 1, 1989. 2.1 PRELDllNARY ENGINEERING REPORT $ 1,306.00 2.2 St:RVE YING 32,070.00 2.3 DESIGN PHASE SERVICES 19,168.00 2.4 PER:\lITTING 3,770.00 ? ~ BID P EASE SERVICES 4,278.00 w.;) 2.6 BASIC SERVICES DURING CONSTRUCTION 11,800.00 2.7 RESIDENT CONSTRUCTION SERVICES 33,531.00 2.8 HIGH SERVICE PU~1PS AT SOUTH PUMP STATION 7,842.00 TOTAL $ 118,764.00 5.0 TIME OF SERVICE It is estimated that upon written authorization to proceed, the letter Preliminary Engineering Report would 'Je completed within 10 calendar days. Following receipt of written comments and approval from the CITY for the report, it is estimated that the Final Design Phase could be completed and the project ready to release for bidding in 90 calendar days. This time of completion assumes a maximum cumulative review time of 10 calendar days for the CITY to review the design documents at 60 percent and 90 percent stages of design and is contingent upon timely receipt oC all applicable regulatory' agency permits and that any easements required for the project will be obtained by the CITY including any negotiations, meetings, property surveys, legal descriptions, and recordings. IN WITNESS WHEREOF, the parties have accepted, made and executed this AMENDMENT to AGREEMENT upon terms and conditions above stated on this day of . 1990. For the ENGINEER: For the CITY: pcs BUCKLEY, SC:Z; . ERNIGAN, INC. CITY OF DELRA Y BEACH Byk (t.--v.. vi \ ,,,.' c .u--- By: u~~~ :.layor Lynch Thomas E. Attested: Attest. . 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Mr. Richard Boldt Attent~on: AGREEMENT WITH PALM BEACH COUNTY AND THE CITY OF RE: DELRAY BEACH FOR THE FUNDING OF UTILITY CONSTRUCTION IN CONGRESS AVENUE, PALM BEACH COUNTY, FLORIDA. Dear Sir: Please consider this a request for payment in accordance with our agreement for funding of utility construction on Congress Avenue. COMPLETED TO DATE 126,428.00 OUTSTANDING INVOICES . ~~ ~ ///4 L- PAYMENTS RECEIVED . r: ~ AMOUNT PAYABLE $ 126,428.00 r(/. j}I/S,/t: '-/V/ - 5/&;2 - ~.~., {/ (-< t-C.: Please draft a warrant in the amount of $ 126,428.00 to the Board of county Commissioners and forward to Engineering and Public Works, Accounting Division, P. O. Box 2429, West Palm Beach, Florida 33402. This amount represents the cost associated with work already completed for the utility relocation. Sincerely, , CPA, D~rector Management Enclosures .. An Equal Opportunity, Affirmative Action Employer" ~D BOX 2429 WEST PALM IJEACH. Fl_0RIOA H402-242<) (407) ~SU_4nOO , \~u '" ~. - . / I . . -tJ of COUllt)' COl1llllissionc:rs County A( manlstrator . . Jan Winters I ). L1m'lllist. Chairman II T. MarclIs, Vil"l~ ell.lir Dcpartmcnt of Engincering I :\. I{ohcrts and Puhlic Works [ lo\\'ard Ie Phillirs . - . INTER-OFFICE COMMUNICATION DATE: May 18, 1990 TO: Joe Bergeron, Director Fiscal Management ~ FROM: Carl R. Hiller, Director Construction Coordination RE: city of Delray Beach utilities Construction Congress Avenue/Linton Blvd to Atlantic Avenue Project '85169 - Please find the attached breakdown indicating the city of Delray Beach utility work required during the construction of the above noted project. The original quantities under ran' $1J.,392.00, however, extra work for construction of additional conflict manholes occurred in the amount of $24,985.00. Hr. Georqe Price of this office, met with Mr. Richard Boldt, of the City of Delray Beach regarding all quantities and he is aware and did concur with these quantities. As indicated, the total amount due PaJ.m Beach County is $126,428.00. cc: John Carroll, Director Roadway Production George Price, Chief Construction Coordinator .. An E'Iual Opportunity - Affirmative Action Employcr .. 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')'''i~..':'''.\.~'''', 1,t.1~.~':.,." ...... ......;1:":.. ..~'i. .... _-I . ."Il,,:,,\,~ ,;::, ;,~~,l~'~]~~~. 1cW,il{~~"ir."{;."'; '~!,,;I;~ :(~~,~i.~r~\!l<{~~:;'"jljojf; i~\;'/~ ,;: - ,', ,..'..~'I~lt.1.1:;;.'l"~'sT~46~Sm!I~~~.\lU~1l\1\l.1'.:....W~~U'i.:.:.m:::~,~;~~::;~ I ,"" -. , --- , [IT' OF DELAA' BEA[H "00 ,\1 W 1 it A V EN U E DELRAY BEACH FLORIDA 33444 407/243- 7000 June 27, 1990 Ms. Karen Mathews Siemens Information Systems 5500 Broken Sound Boulevard Boca Raton, FL 33487 Re: American Cancer Society "Sun-Safety" - July 1990 Dear Ms. Ma thews: This is to inform you that the request from the South County Chapter of the American Cancer Society to distribute free sunscreen products at Atlantic Dunes Park, Anchor Park and the municipal beach in an effort to promote II Sun Safety at Public Beaches" on Saturday, July 14, 1990, from 11:00 a.m. to 2:00 p.m. , was approved by the De1ray Bp.ach City Commission on June 26, 1990. Should you have any questions, please do not hesitate to contact our office. Best of luck to you in your endeavor. Sincerely, ~i!)lc}i J/~ Alison MaCGre~arty City Clerk AMH/m cc: David T. Harden, City Manager Joe Weldon, Director of Parks and Recreation THE EFFORT ALWAYS MATTERS . . . r~~ECEIVED , '- , . - May 23 1990 t'ls. Allison McGregor Hardy City Clerk 100 N.W. 1st. Avenue Delray Beach, fL 33444 Dear Ms. McGregor Hardy: The south county chapt~r of the American Cancer Society is promoting "Sun-Safety" during t.he month ,)f ,July. We would like to have volunteers at Delray Public beaches (Atlantic Dunes, Anchor Park, Downt.oHn Beach) hand ing i)U t. free Sunscreen products. It. is not our intention to endorse anyone product but rather to promote safe sunning practices. We are currently planning for ,July 14t.h from 11 3.m. to :2 p.m. We were granted permission for this activity bv Ms. Arnau when we did it. last (August. 1988) . At. that t.ime it. required Cit.y Council approval. I am assuming t.his requirement. st.ill applies. We would like t.o have t.he consent. of the city and are anxious to work within any guidelines Delray warrants. Please let me know if you need furt.her information or if I can assist in any way. Kind regards, .~t n7?:k: r/G.c:~ 'C;'- Karen Mat.hews Siemens In fo rm;::I t 1 (""I} ~3y~.:~ t pm~~~ 5500 Broken ;~")Ilnd F:] 'ld Boca Raton, FL ;3:34\~7 (407\ ';?~=l4-7533 ~t F' I d.'~tl'- i d~jf:! _,D" :.:1 E.! n (: .~:/ '.i r nc " r~:::::-{} N" f::-pdpj" 0'_ i !"hA.i'/ .. F> o. r::O ;.{ }-:30 Di.,.I,-'a_y Bf:~a_ch I:';' I... :3::::-4o\:l. ? - ; i\! " /\ r --_.,..",..._-~._----'._._--_.~._._- ._~. . DI'? II'-ay B€~c:tch Cha_rnbet- of Cornrnet-ce ! 1'::.4 ~.:~ u E II f;ith P, \J e n Uf.,' Df.:,< II-ay Be a_c h F-L_ ~::344':4- -_._..._._,~,------_.. -. ~ ~,-./; 'j~:IJ COVERAGES t i. iH!S IS TO CERTlf:'Y 1 HA! PCL:~~jES T ED !\JOT WIP-lSTA~J '. ~;INC A_~'JY nEDUIREMF~~T TERM OR Of-= Ai-J'{ C()NTRACT '--;p ".~AY Pf-RTAIN, -[1-4[ ~W~, li..JSURANCE ~'\FFORDED t3Y TH[ P()LlCIE~) DESCf:jIHE-) HEHFIN r:. ~_._-- ",';U!<,;~CF I P(): <cv '.,I)MBE" . .--..r-----------.---,-.---------- '''--T-' .-----.-~:~,1iTS IN THOUSANDS ----t GENERAL LIABILITY ------------t------.----------------.---.------- ..----.,. $ t:; (H:' , A i':'l clpF,D.I,::,..,..~:'c,--::-,:,..::, f,-::' J -I ,-:- /':iC, n--::'/ j .-:;. ;.-::,j $ . ~ J \ 1 , _.l ..1. ,_.,,'_ 'M.I '.. r:... .. ,_." 'N '4,1.: '. I'", l .' t.. ," ....' . ,:_ l ." .. LTi D'XDJ~REM5 i IN.:UHY $ t:i{:'0 -4-~ i : I ! $ fj~)O ? [----< , I I I $ ;:50, ~ ' -- i i-I D'if PtHSON $ ti I AUTOMOBILE LIABILITY! ~-- n i . ,I I ~-~! 1 ~ I I i I :) i-1,! i" ' S. : i" ..IS I I,;,..." f------!- i 'i , I. I J> _ --l _--,.-__-+-- EXCESS LIABILITY I : leACH AGGREGATF OCCURRENCE A X ~00G12656634 03/12/90 03/12/91 IS5,000, $ ~::i '! 000 ? ---L-l-~_-~-----.i_--------------.~- ______ __.._________________.._.._.._______L_ I I I WORKERS' COMPENSATION -'-'-r-'-"~" I.," 11 ;','i,':>'- ; AND r'" V~~~ EMPLOYERS' LIABILITY "' l~ , , , ! --t-----.---------.-----~-----_..-~-~-~-------.-----.__,---,....-----.----.------- OTHER I I I i ! I I I .---1~_ -----_._------- 1:>- Pi-110rE'I.or J\ 1!i )r~S;V[HICL[S!RESmICTI(AhSi'! ii"'[MS Side\,,1f:l.lk Sal i'? ,Ju I Y I.... "..": ..::. '.I :t ';'-/')(> CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE /\BOVE-: DESCRI8ED BE CANCELLED BEFORE THE EX ity of De I r- a:y' B\~a_ch PIF=1A-rlr'IN DA [E THEREOF 'HE COM Pi.\N Y V\i!L_L ENDEAVOR TO N.W. 1st Avenue MA!L 1 (1 DAvs \fJPITTF:N NOT<CF Tf-<F C:ERTI~ICATE HOLDER NAMED TO THE I r- ay Beach r-::L. ::::3444 I..FF-; BUT f:-:':L.dR[ TO MAil ;~UCrl (:-,H~" LL ,M POSF NO OBLIGATION OR LIABILITY OF A1-;v K,IND UPON ~ - r:j \1 ':.};:. ~'~ " MilNT!; OR REPRESENTATiVES P t: rJ8E :.~ 1_ r'~ T /,1 "[2 ~~ HOLDER.... I D (~O4 'n/?G ~;Ldl . te~ ~v)~ L ACQRD 25-S (11185) , IIR'ACORDCORPORATION 1965 (5931) . . [IT' OF DELAA' BEA[H 100 N.W. 1ST AVENUE DELRAY BEACH, FLORIDA 33444 407/243- 7000 June 27, 1990 Ms. Kathy Shabotynskyj Downtown Coordinator Atlantic Avenue Association 64 S.E. 5th Avenue De1ray Beach, FL 33483 Re: Sidewalk Sale on Atlantic Avenue Dear Ms. Shabotynskyj: Please be advised that the Atlantic Avenue Association's request to hold a sidewalk sale on Atlantic Avenue, between Swinton Avenue and AlA, on Monday and Tuesday, July 2 and 3, 1990, was approved by the City Commission on June 26, 1990. If you have not already done so, kindly forward to the City Attorney's office a Certificate of Insurance naming the City as additional insured for these dates. Should you have any questions, please do not hesitate to contact my office. Sincerely, i , ' ,'..;. . L---r- / _I I .. " , ... - '-../------..... David T. Harden City Manager DTH/AMH/m cc: Jeff Kurtz, City Attorney Charles Kilgore, Chief of Police THE EFFCRT ALWAYS MATTERS - ~. /26 ~ J"->,-:~- . . . . -. ~~( J(j~ -~/ 1/- -, elfr <~ ~ I> 4f4~ 1.990' , June 21, 1990 ~Ctlr' s -, UF;:-;. Ct David iiarden, City ~janager City of De~ray Beach :;.00 N.W. 1st Avenue Delray Beach, .,,~ 33444- ~j.! j)ear Mr. iiarden: The Atlantic Avenue Association requests authorization to hold a SidewalK Sale on Atlantic Avenue between Swinton Avenue and Aj,A. This sale is an annual event held during the Independence Day holiday period and it is planned for Monday and Tuesday , July 2 and July 3. As in all other events, a Certificate of Insurance naming the city as additional insured will be issued for these dates through the Chamber of Commerce and fowarded to the City Attorney.s office. Should you have any questions, please feel free to contact me at 278-0424. I look foward to a favorable reply. Yours very truly, ~habotYnS yj j)owntown Coordinator cc: Cnar:'es Ki:'gore ~ 64 S.E. 5th A VENUE . DELRA Y BEACH, FL 33483 . (407) 278-0424 . RESOLUTION NO. 60-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDINr, FOR _;'N EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING POR THE MAILING OF NOTICE. WHEREAS, the Building Official or his nesignated 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 bu"ilding requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, \'lHEREAS, 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 pub li c welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty ( 60) days and all work must be completed within such time as the Building Official determines~ said notice also advised that all appeals must be filed within thirty (30 ) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of 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 Be ach , 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: <?u:- ~;oTICE OF ASSESSMENT .- Jate . TO: Grace Barnett ADDRESS: l::'Ol 39th Street. :,est Palm 3each. Fl 33::' 0 1 J PROPERTY: 309 ~w ?irst Street. Jelrav Beath. ?lJJ~4~ LEGAL DESCRIPTION: Lot >S, 31,.]ck 35, Town of Jelray accordin~ to ?lat Soak i, ?age 3 J1' the Jr:icial ::ecords ,)[ Palm 3each CJunt:" E'l. You, as the record owner or, or holder or an interest in. the above- described property are herebv advised that a cost or;~ lh'i 00 by resoluti:Jn of the Citv Commission or the City or Jelray Beach. Florida, dated , 1990. has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 7-7-89 that the Building Official has determined that a building located on :he above-described property was unsafe. You Nere 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 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. ....1L- 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 5-8-90 at a cost of $2,365.00 which includes a ten percent (10i.) 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 ., - RESOLUTION NO. 61-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY I BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST l>.SSESSMENTS; 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 ~ILING OF NOTICE. \'lHEREAS, 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, :Clr violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in . Chapter 96 of the Code 0: 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 li:e and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty ( 60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, \vHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official~ therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done~ and, WHEREAS, the City Manager of the City of 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 co s t s incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved~ and, WHEREAS, the City Commission of the City of De1ray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: q ~ ~OTICE OF ASSESSMENT - - Date - TO: Ronald I. and ~arylin S. aaron ADDRESS: 6401 ~. Bay Road, ~orth ~iami aeach, Fl 33141 j PROPERTY: 109 SW 7th Avenue. )elrav 3each. "1 33H4 LEGAL DESCRIPTION: South 30 feet of the ~orth 150 feet of the :';@~t ; 35 feet of alock 14 . Town of Delra'! accordin~ to ?lat aook 1. PaQ'p- 3 of. the official records of Palm Beach (ounty, rlorida You. as the record owner of, or holder of an interest in. the above- described property are hereby advised that a cost of 5';94 00 by resolution of the City Commission of the City of Delray Beach. Florida. dated . 1990. has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 'i-I ~-qn that the auilding Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of :~,e action that would be taken to remedy that unsafe condition and that the action would be initiated on an e~ergency basis by the City. - 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. 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 'i-70-QO at a cost of $594.00 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. City Clerk - ~SOLUTION NO. 62-90 A RESOLUTION OF "'HE CITY Cm1MISSION OF TH": CITY OF DF.LPAv BEACH, FLORIDA. PURSUANT TO CRAPTER 100 OF "'HE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR fu~ATING NUISANCES UPON CERTAI~ LAND(S) LOCATED WI~HIN THE CITY OF DPLRAY B!':ACH AND PROVIDING THAT A NO~!CE OF "IEN SHll.LL ACCOHPANY THE NOTICE OF ASSESSMENT; SET'l'ING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACrO~PLISH SUCH ABATEMEN~ 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- :-lENTS. 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, \'JHEREAS, pursuant to Section 100.~0, 100.21 and 100.?~ 0': the Code of Ordinances of the City of Delray Reach, 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.~1 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached I hereto and made a part hereof did fail and neglect to abate ~he I nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner (s) failed and/or neglected to abate such nuisance (s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of De1ray 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), <6.L COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTIO~ OWNER ASSESSMENT LOT 14, BLK a, CARVER MEMORIAL RUFUS NORMAN ESTATE $ 45.00 PARK SUB., PB 20, P 56, PUBLIC C/O C. NORMAN 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. 1720 NW 8TH STREET (RECORDING) (NW 15TH AVE & NW 3RD ST) ~IAMI, FL. 33147 E'LY522.52' OF N 1/4 OF ~E 1/4 F.I.N.D. $225.00 OF NW 1/4 LYG W OF FIND CNL 1314 MARCINSKI ROAD 50.00 (ADM. COST) R/W LESS S25' OF E131.49' & JUPITER, FL. 33477 (RECORDING) N'LY47' OF W'LY53' FOR RD R/W, OR 2346, P 784, SUB OF SEC. 28-46-43, PUBLIC RECORDS, PAL",! BEACH COUNTY, FL. (MC CLEARY STREET) LOT 23, BLK 23, TOWN OF DELRAY, GRACE BARNETT $350.00 PB 10, P 69, PUBLIC RECORDS, 1401 39TH STREET 50.00 (ADM. COST) PALM BEACH COUNTY, FL. W. PALM BEACH, FL. 33407 (RECORDING) (SW 3RD STREET) LOT 14, NICHOLS 1ST ADD., ~ANUEL MOREDA $ 50.00 PB 21, P69, PUBLIC RECORDS, 14-16 SW 7TH STREET 50.00 (ADM. COST) PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33444 ( RECORDING) (14 SW 7TH STREET) LOT 65, BLK 32, DEL RATON .PARK, VINCENT A.HUA $ 25.00 PB 14, P 9, PUBLIC RECORDS; 12042 NW 29TH STREET 12.50 (ADM. COST) PALM BEACH COUNTY, FL. CORAL SPRINGS, FL. 33065 (RECORDING) (AVENUE L) LOT 66, BLK 32, DEL RATON PARK, VINCENT A. HUA $ 25.00 PB 14, P 9, PUBLIC RECORDS, 12042 NW 29TH STREET 12.50 (ADM. COST) PALM BEACH COUNTY, FL. CORAL SPRINGS, FL. 33065 ( RECORDING) (AVENUE L) LOT 67, BLK 32, DEL RATON PARK, VINCENT A. HUA $ 25.00 PB 14, P 9, PUBLIC RECORDS, 12042 NW 29TH STREET 12.50 (ADM. COST) PALM BEACH COUNTY, FL. CORAL SPRINGS, FL. 33065 (RECORDING) (AVENUE L) LOT 68, BLK 32, DEL RATON PARK, VINCENT A. HUA $ 25.00 PB 14, P 9, PUBLIC RECORDS, 12402 NW 29TH STREET 12.50 (ADM. COST) PALM BEACH COUNTY, FL. CORAL SPRINGS, FL. 33065 (RECORDING) (AVENUE L) LOT 5, BLK 4, ATLANTIC PARK $ 65.00 GARDENS, DELRAY, PB 14, P 56, ROGER M. COFFEY 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 1502 NW 85TH STREET (RECORDING) COUNTY, FL. MIAMI, FL. 33147 (217 SW 13TH AVENUE) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS: DECLARED NUISANCE. -3- Res. No. 62-90 - . RESOLUTION NO. 64-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING AND SUPPORTING AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR THE PURPOSE OF PROTECTING THE FLAG OF THE UNITED STATES OF AMERICA: PROVIDING AN EFFECTIVE DATE. 'tlHEREAS, the American Flag represents the freedom afforded to the citizens of the United States of America as guaranteed in the Constitution of the United States and the laws of the fifty states and their cities and towns: and, WHEREAS, the United States Supreme Court has recently ruled that the United States Constitution, as it currently exists, does not serve to protect the American Flag from desecration and abuse: and, WHEREAS, the City Commission of the City of Delray Beach deems it necessary, appropriate and in the public interest to support an amendment to the United States Constitution to protect the American Flag from actions such as those which gave rise to the United States Supreme Court decision, and to advise its elected officials in the United States Senate and the House of Representatives of their support for such an amendmen t , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That the City Commission of the City of Delray Beach hereby endorses and supports the submission to the State Legislature, for consideration of the voters of the State of Florida and the voters of the United States of America, an amendment to the United States Constitution to protect the Flag of the United States of America from desecration and abuse. Section 2. That the City Clerk is hereby authorized and directed to provide a copy of this resolution to the Speaker of the Florida House of Representatives, the President of the Florida Senate, the Chairman of the Palm Beach County Legislative Delegation, the United i States Senators for the State of Florida, and the Representative for I this congressional district in the United States House of Representatives. Section 3. This resolution shall take effect immediately upon i adoption. i PASSED AND ADOPTED in regular session on this the 26th day of June, 1990. MAY 0 R ATTEST: City Clerk <if 1 '-" I , -,~ RESOLUTION NO. 66-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC. IN THEIR EFFORTS TO SPONSOR THE THIRTEENTH ANNUAL RROOTS CULTURAL FESTIVALR IN THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the Roots Cultural Festival, Inc. is sponsor- ing the thirteenth annual RRoots Cultural FestivaP on July 22 through August 12, 1990, in the City of Delray Beach, and, { WHEREAS, this festival is an attempt to present to the community, state and nation a view of the rich cultural heritage I of the people of African ancestry in our City, and, WHEREAS, this idea was conceived by Jefferson Manor Homes Association in an attempt to bring people together to develop pride, respect and appreciation for their community as well as their particular heritage which they bring to the City, and, , WHEREAS, the festival will provide an opportunity for exciting experiences for local people and tourists reminiscent of the Bahamas, the West Indies, Haiti and other countries of African ancestry and will also provide a wholesome outlet for involving the young people in the community in constructive activities, and, WHEREAS, last year's festival received a tremendous response from residents allover South Florida, the Bahamas and the West Indies, and, 1 WHEREAS, the activities of the festival are to promote academic excellence among our youth, in the form of a spelling bee, an essay, math, and oratorical contest, to promote physical fitness through golf, tennis, bowling and basketball tournaments, to promote cultural enrichment and appreciation through exhibits, creative dance and dramatic presentations, poetry, jazz and fashions, and, i WHEREAS, the highlight of the festival will be RThe Marketplace at RootsR which will focus on visual and performing ii arts, ceramics and jewelry, presented by South Florida artists in " a festive setting, NOW, THEREF9RE, 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 hereby supports the Roots Cultural Festival, Inc. in their efforts to sponsor the thirteenth annual RRoots Cultural J Festival" in the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on this the 26th \ day of June, 1990. I MAYOR fATTEST: ( City Clerk j I 8'k ., 1 .) , I - - M E M 0 RAN DUM TO: Ddvid T. Harden, City Manager THROUGH: John W. Elliott, Jr., Assistant City Manager/ Manage~ent Services FROM: Ted Glas, Purcha9ing Director <j(~ DATE: June 18, 1990 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 26, 1990 - BID AWARD - BID .90-52 ~Qal~E_aB~eI~l~'_elB_CQ~EBE~SgB_EQB_EIBE_QEeI& Itco_BcigL~_Cit~_Cgo~i.~igD~ The City Co~~ission is requested to award contract to low bidder, United COMpressor, at a cost of $27,600.40. Pe r t h. Budget Director, funding is frof'lI.tJ.f.J:_..1.sJ.~~~2'-=J~~'i.!i____ (.f..,'llo/-8.mS ()Yd2.zij/)~ - er~'~ ). --- - ----1- -- ----- - - ~ ------- t t//7 a.~kgLgUDg~ . Funds were budgeted for the installation of an air co~pressor-cascade fill station in the Fire Depart~ent Support I Utility Truck. Bids for this equip~ent were received on June a, 1990, fro~ four (4) vendors, all in accordance with City purchasing procedures. (Bid .90-~2. DOCUMentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. B.~gCJI!I.Dd.tigD.l Staff recof'lMends award to low bidder, United Co~pressor, at a total installed cost of $27,600.40 (less optional storage syste~.) Funding as stated above. e1:tA~bl!l~D:t~.l Tabulation of Bids Reco~~endation fro~ Fire Dept. pc Chief Koen 1...-. , , /~~~:''J'' .' ',;~{ :~:,~' . 'c'-'~~,o' ". ;', tin' aF aELAA' BEAtH :'.h i:\;;. . .,t~;~,. . FIRE DEPARTMENT M E M 0 RAN DUM TO: TED GLAS, PURCHASING DIRE~ THRU: KERRY B. KOEN, FIRE CHI~~\~~ Fk0M: M. B. WIGDERSON, ASSISTANT FIRE CHIEF DATE: JUNE 15, 1990 SUBJECT: PURCHASE OF COMPRESSOR - CASCADE SYSTEM BID NO. 90-52 The Fire Department will accept the low bid from UnitpQ Compressor for the "Compressor-Cascade System-Fill Panel II. We will also accept option No. 1 at $1,595. as stated in the accompanYing letter to bring to a total cost of $27,600.40. This is a budgeted item in the 1990-91 budget to be taken from category 001-2315-526-60-89 for the system. If YOU should have any questions regarding this purchas,e please call me. ~6.GJ-7~ M. B. Wigderson Assistant Fire Chief MBW/mmh FIRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH, FLORIDA 33444 407/243-7400- FAX 407/ 2654660 I .. . TABULATION OF BIDS . BID 190-52 - 17 CFM - 20 CFM MOBIL BREATHING JUNE 08, 1990 AIR COMPRESSOR Un:lted Allied Air Harold's Sales Breathing Air YENDOR: eo.pressor Products. Inc. & Service Co. Syste1l8 Inc. FURNISH AND INSTALL (1) 11 - 20 CFM MOBIL BREATHING AIR COMPRESSOR $29.328.40 $32,583.00 $32.583.00 $35,070.00 * TOTAL BID COST MANUFACTURER'S NAME Allied Air Bauer 1(15D BRAND/MODel . Mako A17BRD Products. Inc. wI Perkins #5407 BA-D (CoIIIIpressorl #AI7DBRT Engine Purifier) WARRANTY One (1) year 1 year. Parts One (1) year 2 Years on & Labor parts. labor parts. 1 Year on labor DELIVERY TIME 30 days or 60 days 90 days 150 days less INSTALLATION TIME 2 days 45 days 45 days within 3 weeks of delivery Price fira for Optional bid Price fira thru COMMENTS/EXCEPTIONS 60 days. Hose Reel Option Sept. 1990. Breakdown of vi 4 4500 DOT * Options - bid price h- Cyl. - $4.392.00 Bose reels for 2 cluded. B.umayReel I Bamuay Reels per Optional Equip- Taylor Wharton specs. add $4700. _nt - 13 CPII HC500 DOT Cyl. - 4500 psi CoIIpres80r v/ !cascade instead Oi vater cooled Price fira for 16000 psi cascade Per1d:Da diesel 90 days. deduct $1150.00. euaine and - lPerkins engine - 100 PurificatiOl long lead tI.e. 8"st_ - Can supply Isuzu $14.554.00 engine and cut Model '5406BA-D lead tiJle to 90 days and reduce IDrice by $700.00 From : Jun. 14.1990 02 : 05 F'1'1 F'04 UNITED COMPRESSO'R -' P. O. BOX 14074 . NORTH PALM BEACH. FLORIDA 334C TELEPHONE: (407) 842.531 City of Delray Beach Purohasing Department 101 West Atlantic Avenue De~ray Beach. FL 33444 nE: Bid *90-52 Dear Sir: The following is a summary of the items b1d by United Compressor to meet the specifications for the above referenced bid: (1) 5407BA-D Compressor, 16.7 ern with . watercooled Perkins dieBel, engine . i ~ and MKl0C Purification System................~$16.687.00 . oPf1CfJ /1--.t\'d- ~,\ ~(/ I (1) 4500 PSI DOT 4 Bottle Air storage System..... ~.$ 1.595.00 , 1-"(., I:. p[; ~ 0 ~et> ' (Thie item was bid as an Option) I ~ . ~ uJ . 1301 Jil' c, -pS l Fill Panel to include all compressor ( 1]000 (1) 4' and engine controls and gauges. 4-bank c~scade control with by-pass. high pressure regulator and inlet and outlet gaugesr 4 SCBA fills with 4 quick disconnects. CO Monitor with Audible Alarm. visual CO/Moisture Indicator. auxiliary fill with quick disconnect. (2) 2.2 fill hoses. (2) 4.5 fill hoses and auto refill package.....$ 6.603.65 (1) Cartridge Monitoring System..................... $ 1.116.05 (1) Portable Fragmentation Bucket..................$ 698.70 . (4) SCBA tills (four valves and four gauges) with 4 quick disconnects.......................$ 200.00 (This item was bid as an Option) Labor for Installation................ .........$ 700.00 Total Bid Price............................... .$27.600.40 . If you have any questions or require further information. please do not hesitate to contact this office. "-, -"Sincerely. 1V ~~ K~spartichino t - - M E M 0 RAN DUM TO: David T. Harden, City ManaQer THROUGH: John W. Elliott, Jr., Assistant City Manaqer/ ManageMent Services FROM: Ted Glas, Purchasing Director #~ DATE: June 18, 1990 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 26, 1990 - BID AWARDS - BID .90-49 tBBl~eIIQ~_~_~QBI~_CQ~~B~SS_e~~~u~ Is.~_i~fgr~_Cis~_CQ~~i~~iQDL The City COMMission is requested to award contract to low bidder, SJS Enterpri'3es D/B/A Triple A Irrigation, in the aMount of $35,900. Per the Budget Director, fundinq is frOM: -~~~~~~~~~1~=kJ~~l_______(_0jj__~I~l_T~~_t~~i~~~~ ~~~----------------------). 1r ~/I' Dgs;l1grgYDg.l Scope of Work: The work consists of installing a COMplete and operable irrigation sY'3teM for all Medians and the planter on west side of Congress Avenue between Lake Ida Road and the C-30 Canal. Bid. for this project were received on June 7., 1990, frOM seven (7) area contractors, all in accordance with City purchasing procedures. (Bid .90-49. DOCUMentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. Be.:;gl!Jl!Jlfndiliign.l Staff reCOMMends award to the low bidder, S.JS Enterpri5es D/B/A Triple A Irrigation, for the aMount of "3~,900. Funding as outlined above. et1!1~b~.D1~.i Tabulation of Bids ReCOMMendation frOM COMMunity IMproveMent pc Lula Butler L.~ (') -4 t.. i 0 c: -4 ~ :I: > cD m r- Z 0 -4 r- ~ CIl C . ...... ::r; m " ..... )< CD (') CIl < CD m c m 0 1J ::r; Z - -1 .. 8 - H 0 ::0 Z CIl ID ::s ~ en;.: ::s 0 .... 'tl .... ID 0- ... .... ....C" ....'tl '< ... 00 ::s ID 01 III 0- ~.... ....ID 0 ....'" III ~ III .... 0. 0 '" n o 0 0 ~ ,..,,~ C" .... ..... 0. "0-- ~ ..... n ID C" .... o:len ....::s '" lJ'I ..... c... c:: ID III ~ >en O'....ID III '< ~ 0 ~t<l o.CIlo. 0 '" ::s ,....0 ....n ~ CIl ~ 0 'tl fl) 0 ....... ....... fl)'tl -- ::r::s..... "I 0".... I >.... C" CIl 1ll::O .... fl) ("t::o 0. CIl 2;.... 1llC> Ill> C" n ID C" ~ O~ ~-l ........::s'1 0- fl) c:: .... -1 0. c:: II> III .... CIl ... r-O > 0. .... ID . ,....... llIZ en fl) '< ~ N Oll .... "" C o.CIlo. ~ ::s fl) ....0 ::- III I ,... ~CIl~ o:lCll en> N c:: .....z.....-1 ........ lJ'I .... 0..00..... ::r::s..... .... llI::O 0 I 0. -1-'Z ::tl:t:<D - - 0 00 1lI(')1 "T1 ( II> C"'tl 0 n o..o~ ....::s "I fl) ,.." ~ 0 ". .... ....""1 rt II> fl) "I fl) ::- "I .... ZCDen ::r....1I> ".....,,> ~ "I 0 1lIC> ..... '< ~""'o.....o..... ~ ....... ~::o 0 C"CIlo.n -to -..... Oll.... o..m CIl ,........ 0 . N II> 0. CIl 0. CIl ~ tQ) .... ~ 00 .... ID ::s fl) .... (,)CIl .... .... ..... 0 o 0 I ::s..... "t<l .... 0 ::s fl) w> n >< CIl CIl 0< ..... on ". ..... .... m c:: o III e: ::SOll 0. m "0 n ::s (')Z ~ CIl llIC ~m ( II> C" ". .... ..... en 1lI ....::s... .I>- ... 0 ..... ""1I>1lI1D'tl .... "I c:: '-' ::r....ID::s.... ........ ,<~o.e: 0 Oll::r C"0l0. Ol .I>- ID III ........0 III 0- .... ID 0. Ol ~ ....-= ....CIl .' III ell 0 o .... .... n .... 0 ::s ell ::s............. "I n ... Ol ... n::s .... .... 0 e: n c. . ell C. -= lit C" , .... ::s '" ... ... ~, .... ID ell .... e: ::r....ID'tl " '" ' '< ~.... . ,..,,; C" to 0. e: lJ'I I ........OCll 0 C"" o.CIl~( 0 ID ::s .... fl) 0 0. ::s......... 0 n .... ;'1 .... CIl ". e: n 0. fl) C. --- --- -= II> C" .... '" ,.... ::s .... .... .... e: I n II> fl) l>- .... ::s ::r....1D '-0 ....::s '< ,... . Oll'< C"0l0. ~ III .... . ""''''''0 .... ... III o.CIl~ l>- ....::s o 0. ! ,.... 0 ::s ::s ID 0 n ::s ....0. e: 0. fl) I 0. -"...--.-- - -- I M E M 0 RAN DUM : To: Ted Glas, Purchasing Administrator Via: Lula Butler, Community lmprovement Director~ From: Nancy Davila, Horticulturist/Special Projects Coordinator q~ Re: RECOMMENDATION FOR AWARD OF BID - NORTH CONGRESS AVENUE LANDSCAPING - BID # 90-50 IRRIGATION - BID # 90-49 I have reviewed the bids submitted for landscaping and irrigation for North Congress Avenue and have found no irregularities relative to the bids submitted by the apparent low bidders, and therefore recommend that the bids be awarded to the low bidders as follows: Landsc~ping - Bid # 90-50 be awarded to Siga Inc. in the amount of $ 71 , 331. 43 based on their price submitted for providing Queen Palms with 8 feet of grey wood. Irrigation - Bid # 90-49 be awarded to SJS Enterprises, Inc. in the amount of $35,900.00. This beautification project is funded through the 1987 Utility Tax. The original line item amount set up for the North Congress area based on H. Kurt Kettelhut's figures was $105,000 and is in account If 333-4141-572- 61.28. The total cost for both bids is $107,231.43. A budget transfer can be done to shift additional funds needed from North Federal Highway as this project recently was awarded considerably under budget. If at all possible, I would like to have this item on the June 26, 1990 Commission meeting. . M E M 0 RAN DUM . . TO: David T. Harden, Clty Manager THROUGH: John W. Elliott, Jr. , Asslstant Clty Manager/ Management Services FROM: Ted Glas, Purchasing Director #41- DATE: June 15, 1990 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - June 26, 1990 - PURCHASE AWARD - One ( 1 ) Tractor for Park Department Item Before City Commisslon: City Commission is requested to award contract to Case Power and Equipment, for one (1) tractor at a total cost of $10,735. via Florida State Contract. Per the Budget Office, funding 1S from . OD/- ''1/j/-S7t?.- t~. 'i~ (f..../'?ks ~ Z ('fI ",-J.,'o~ - C1lA.s'Q t'J~ ) . I Backqround: Case IH 385 tractors are ava11able Vla Florida State Contract #765-900-90-1, as follows: Base Price $ 9,999.00 Canopy 216.00 Mesh Screen 400.00 Turn Signals (standard) - 0 - Warning Light 120.00 $10,735.00 Recommendation: Staff recommends award of this purchase to Case Power and Equipment, at at total delivered price of $10,735., via Florida State Contract. Funding as outlined above. Attachments: Memo from Director of Parks and Recreation Documentat10n on Florida State Contract pc .Joe Weldon L.:' t MEMORANDUM - TO: Ted <Has Purchasing Director FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Tractor Purchase From State Contract DATE: June 11, 1990 Attached is a copy of the state contract for tractors with the options we will be wanting highlighted. We recommend purchasing the following base tractor and specified options from state contract: Base Model w/Options Case 1 H 385 $ 9,999.00 Option #5001 - Canopy 3125036R $ 216.00 Option #5002 - Mesh Screen HMS $ 400.00 Option #6003 - Turn Signals STD $ 0.00 Option #6007 - Warning Light RF 6 $ 120.00 TOTAL COST $10,735.00 We wish to purchase one ( 1 ) tractor to replace #708, a 1974 Ford 300, and charge it to account # 001-4131-572-60.89. '-" and Recreation JW: jmh REF:JW136 Attachment . . M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: John W. Elliott, Jr., Assistant City Manager/ Manage~.nt Services FROM: Ted Glas, Purchasing Director ~ff DATE: June 18, 1990 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 16, 1990 - BID AWARD - BID .90-53 eUa~IC_UIl~III~S_EeB~I~G_~QI II~~_B~fg~g_Cit~_CQ~~i~~igD~ The City Co~~ission is requested to award contract to low bidder, S~ith Brothers Contracting Equip~ent I nc . , in the a~oL1nt. of .29,8?~.2~ . Per the Budget Director, funding is fr:9M I (/iJJ:_2.~U.:-/:-l..~: .t-1..'4L___________ (u!tJi~i:)..iIJl.!J..1i!..~1_____ '.'1"W. - r.~" '_..>" ). --- - ----~ ~~~~~----------------- if!l ~ 11 g ~ ~;n,lDd.l ~~gQ._g!_Wg~11.l The work involves reMoving old asphalt, eJCcc1vation, stabilizing subgrade and installing new asphalt parking lot at Public Utilities Ad~inistration Building. Bids for this project were received on June 12, 1990 fro~ seven (7) area contractors, all in accord.lnce with City purchasing procedures. (Bid .90-33. DocuMentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. B.~g!!!t!t.Dg.1i.gD.l Staff recoMMends award to the low bidder, SMith Brothers Contracting Equip~ent I nc . , for the aMount of .29,826.20. Funding as outlined above. e:t:tils;.hl!)~D:t~J. Tabulation of Bids MeMorandUM frOM Director of Public Utilities MeMor.ndu~ frOM Engineering DepartMent pc WilliaM Greenwood L.4 - TABULATION OF BIDS . BID 190-53 PUBLIC UTILITIES PARKING lOT ADDITION JUNE 12, 1990 Smith Brothers 1 Charles S. Hardrives of R.P. Hamby, VENDOR: Contracting Whiteside Inc. De1ray, Inc. Inc. ITEM' Equipment Inc. 1 I. FURNISH/INSTALL t ASPHALT I REMOVAL .60/SF 750.00 I 850.00 I 1200.001 UNIT PRICE $1502.40 $750.00 $850.00 $1,200.00 2. FURNISH/ INSTALL I REGULAR 1. 80/CY , EXCAVATION I 2500.00 I 5850.00 I 9500.001 \ UNIT PRICE $1198.00 $2500.00 $5,850.00 $9,500.00 I I 3. FURNISH/ INSTALL I 12. STABILIZED 9.80/SY I 13.50/SY 11. 25/SY 9.30/SY SUBGRADE I 2000 SY $19600.00 I $27,000.00 $22,500.00 $18,600.00 I 4 FURNISH/ INSTALL TYPE "D" CURB 10.75/LF 5 . 00 I LF 6.50/LF 7.50/LF 700 LF $7525.00 $3,500.00 $4,550.00 $5,250.00 GRAND TOTAL BID COST: $29,826.20 $33,750.00 $33,750.00 $34.550.00 I, COMMENTS/EXCEPTIONS Cashier's Check Bid Bond Sub- Bid Bond Sub- Bid Bond Sub- for security. mitted. mitted. mitted. Complete all Complete all Complete all Complete all work within 60 work within 60 work within 60 work within 60 calendar days. calendar days. calendar days. calendar days. Page 1 . TABULATION OF BIDS - BID t90-53 PUBLIC UTILITIES PARKING LOT ADDITION JUNE 12, 1990 Southgate \ Pavex Community VENDOR: Construction & I Corporation Asphalt Corp. I ITEMt Realty, Inc. i 1. FURNISH/INSTALL , I ASPHALT 921. 00 1 3600.00 1 24075.00 1 REMOVAL I UNIT PRICE $921. 00 $3,600.00 $24,075.00 2. FURNISH/ INSTALL I REGULAR 7221. 00 1 ( 12875.00 1 3050.00 1 EXCAVATION I UNIT PRICE $7,221.00 $12,875.00, $3,050.00 I I 3. FURNISH/ INSTALL I 12" STABILIZED 14.88/SY I 11.25 ISY 15.65 ISY SUBGRADE $29,760.00 I $22,500.00 $31,300.00 2000 SY ! 4 FURNISH/ INSTALL TYPE "D" CURB 10.521 LF 9.25 ILF 12.50/LF 700 LF $7,364.00 $6,475.00 $8,750.00 I GRAND TOTAL BID COST: $45,266.00 $45,450.00 $67,175.00 COMMENTS/EXCEPTIONS Bid Bond Sub- Bid Bond Sub- Bid Bond Sub- mitted. mitted. mitted. Complete all Complete all work within 60 work within 75 calendar days. calendar days. Page 2 ~ .1 . : MEMORANDUM TO: Ted Glas Purchasing Director FROM: William H. Greenwood Director of Public utilities SUBJECT: PUBLIC UTILITIES PARKING LOT BID NO. 90-53 PUBLIC UTILITIES PROJECT NUMBER 90-3.1 DATE: June 15, 1990 We have reviewed the tabulation of bids for Bid No. 90-53 and recommend contract award to smith Brothers Contacting Equipment Inc~ the lowest responsive, responsible bidder in the amount of $29,826.20. Public utilities Department original cost estimate was $30,090 therefore, the lowest bidder is in accordance with our construc- tion cost estimate. Bid prices range from a low of $29,826.20 to $67,175.00 Project will be funded from capital outlay 441-5161-536-60.31, Buildings. Attached is a requisition to encumber the necessary funds. ~~t2..... -"_JIJ William H. Greenwood WHG: jem cc: FILE ENGINEERING DEPART~ENT M E M 0 RAN DUM TO: TED GLAS PURCHASING DIRECTOR FROM:-'"") RI CHARD BOLT ~ ENGINEERING HISPECTOR/PLA~~ REVIElvER -'\ THRU: CHARLES AXELROD ~,( ACTING CITY ENGINE~R SUBJECT: PUBLIC UTILITIES PARKING LOT ADDITION BID # 90-53 DATE: JUNE 20, 1990 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - We had seven qualified bidders for the project stated above. The cost range was as low as $29,826.50 and as high as $67,175.00. The three lowest bidders were: Smith Brothers Contracting 29,826.50 Charles whiteside, Inc. 33,750.00 Hardrives of Delray, Inc. 37,750.00 Request for Smith Brothers to submit three references for this type of work. We have sampled references given by Smith Brothers and that subcontractors, Monde1l Paving and Pathway Enterprises and received favorable comments from former clients. After verifying the proposal and reference's we recommend Smith Brothers for the construction of Public Utilities Parking Lot. RB:slg M E M 0 RAN DUM . . TO: David T. Harden City Manager FROM: ~ David M. Huddleston Director of Finance SUBJECT: Selection of Firm to Provide $8,000,000 Line of Credit DATE: June 18, 1990 On May 25, 1990, the City advertised in the News of Delray requesting potential bidders to provide an $8,000,000 Line of Credit to serve as interim financing for the proposed 1990 Water and Sewer Bond Issue projects. The City also sent out eight proposals to commercial banks on May 25, 1990 and on June 6, 1990, the date of bid opening, the City received bids from Barnett Bank and Sun Bank. Attached is an analysis of the bids along with a recommendation from Public Financial Management to go with Sun Bank's fixed rate of 7.86% with an upfront fee of $1,000. We concur with PFM's recommendation to go with a fixed rate as opposed to a variable rate to avoid exposure to possible shifts in interest rates. Subject to City Commission approval of the documents, closing will occur on the evening of June 26th or June 27th. Award of this Line of Credit will provide the City with the funding necessary to award the construction of the odor abatement processors at the Water Treatment Plant. DMH/rso/sam Attachments cc: Tom Heustis, Public Financial Management Becky O'Connor, Treasurer Cheryl Leverett, Administrative Assistant III L.6 ~:J;aTl. PuBuc FINANCIAL MANAGEMENT, INc. Finolllcldl and 11MSt1W'n! '\d"". ,rs t\,UtKU r'4"I.II' ~.,~l "rL"mh )I.~I:~' \Vt"fll~ 'Li(t' -_',' I 111~1"" '. F1 ) ~~ \ : ..;t.,:-......p~-~2("p1-/k .f~l\:\ 4."~.l'..1K L.'..'~ ~lE\10RANDtM II) David HuJdkslon. FIIl:lnce DirC:l-tor f-l{OM, Public Finflnciul Management, lne. DA IT: June o. i 990 RE: City of Ddray Beal:h: Analysis of Line-of-Credit Bids - -- ,.\:t;1('hcd is a present \"alue cost cnmp.:uison of {he t\....o line-nf-I.Tedit bill" r~'('cl\("d b\ ~hc C::y Both Sun and Barnett Bank quoted both a fi....c:d and a vari3~le raIl.' of inlt'[('st. In I_'nkr ((1 J~"ur{' .1 fair comparison the analysis utilized the following assumprie,ns fOf all hius: . A draw of $8,000,000 occurring on June 26, 1990. . Total principal and interest cost are computed at three and six month inter....als. . Interest rates were compounded annually. . For present value discounting, a rate of 8.00% was used. . The Prime rate remains constant at 10.00% Based on the analysis performed the Sun Bank variable rale a~,:hieves the 10\~Cq Fl'SClll value cost. However. the present value savings for the variable rate is less lhall two rhoUQnd dollars and the fixed rate does not involve any interest rate risk, Therefore, the Sun Ballk fi XCli r:Hc' proposal appears to provide the best interim frnancing for the City. Please do not hesitate to contact us if you have any questions or require JJditionJI infonnation. ,":'.(:.'1\1.1 full :\1\\'\5 H,...r";l'\u~ \\,mrl", :-'~\' Y0r~ (1,laJllk' Ph.!..dd['lilJ ~\:l tT MKI~' " 5(,1{(" \ \11IcS' @ An AllolI8'" <:>1 MS'lIle MlnlAn(j B~n.. N A . -5 ~ '-~ ~ 8 M ~ ~.:-'~ ~ ~ ~, ~ "x ~rl ~ ~ ~. "'-~:s ~ ~ Vi ~ /,'1- ~~ ~ g; ..J '/. .... ..to. ~ J;. c..o r- t- -:..., .'.. -: ~ frl _ r-- =r- <; U "'-'. ('! ~ ~ ~ c..~-c - ..0 - V) :::; C'I r- r- 'P ...., c .s ('I CJq ~ N. ('\ .:: - ':10 Q V) ...... ~ ~ _ ..- ("4 - - ~~ ~ ~ ~ ~ ~ ;>C :10 00 ;>C ~ ~ ~ ~ :;:: 8 ~ ~ -.. --~ .. ~ :;""~:- X N ~ ' ~>..- _ ~ '-C ,~ ~:~ ~~ ~ ~ ~ : ~ - \9..1 . - ,..... 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("f3 '-~:-. e >- .=. .: a c:: c U U crl ~ .::l ~ ~~ ~u~~ ~ E Fcc:: ~ ~ .s ... -= ~"- c: ~ ._ ~ ~ ::1:j ~. .r]~ ~ ~ :.f) ~ u.; < c::l co :n V) V) · · .- . RESOLUTION NO. 65-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ACKNOWLEDGING THE PROJECT OF OLD SCHOOL SQUARE, INCORPORATED, AS BEING CONSISTENT WITH LOCAL PLANS AND REGULATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Old School Square has made application to the State of Florida Department of Community Affairs to be a sponsoring organization for the Community Contribution Tax Incentive Program (CCTIP) ; and, WHEREAS, as a sponsor under the CCTIP, Corporations donating funds to Old School Square, Incorporated, will receive a 50% tax credit on their donations; and, WHEREAS, the Department of Community Affairs has requested a resolution from the City of Delray Beach which specifically acknowledges the project of Old School Square, Incorporated, as being consistent with local plans and regulations, (Le., the. Delray Beach Comprehensive Plan and the Local Land Development Regulations) , I I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE i CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: " Section l. That the City Commission of the City of Delray Beach, Florida, hereby acknowledges the project of Old School Square, I Incorporated, as being consistent with local plans and regulations I (i.e., the Delray Beach Comprehensive Plan and the Local Land Develop- ! , I ment Regulations). " I ! PASSED AND ADOPTED in regular session on this the 26th day of ~ ! June, 1990. :I :1 [I MAY 0 R ATTEST: City Clerk ~ ..If"-" ..'" ---........... f RECEIVED'I JUN 2 0 90 COMM. SVCS. GROUP OlD June 19, 1990 SCHOOl Robert Barcinski Assistant City Manager -SOUAR(- City of Delray Beach 100 NW 1st Av. Delray Beach} Fl. 33444 Dear Bob, I have made application to the state to be a sponsoring organization for the Community Contribution Tax Incentive Program (CCTIP). I recently received a letter from the Department of Community Affairs requesting a local resolution from the City which specifically acknowledges the Old School Square Cultural Arts Center as being "consistant with local plans and regulations". The Department of Community Affairs requires a copy certified by the City Clerk and signed by the Mayor. If at all possible I would appreciate this being put on the June 26th meeting's c~t agenda. Thank you for your assistance. :J,.ncere I r- Wi 11 iam Project wva Old School Square, Inc. Post Office Box 1897 Delray Beach, Florida 33447 (407) 243-7922 II ~'~-" , /+ -c._ ~ ...~~,~!;.~~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2 7 4 0 CENTERVIEW DRIVE. TALLAHASSEE, FLORIDA 3 2 399 BOB MARTINEZ THOMAS G. PELHAM GlM!rnor Secretary June 8, 1990 Mr. Bill Ayers Project Administrator Old School Square, Incorporated Post Office Box 1897 51 North Swinton Avenue Delray Beach, Florida 33447 Dear Mr. Ayers: The Department of Community Affairs has received your agency's application to become a sponsor under the Community Contribution Tax Incentive Program (CCTIP). There are two items, however, which are presently needed for further consideration of your proposed project: 1) Project Narrative The brochure submitted suggests that there are three phases of construction, rehabilitation, or improvements which will be undertaken through Fall 1991. Of the $6,600,000 estimated project cost, $1,500,000 will be from private donations. In an addendum to your project narrative, please indicate the types of eligible contributions to be sought through participation in the CCTIP. According to s. 220.03(1) (d), Florida Statutes, eligible contributions include: cash, other liquid assets, real property, and goods or inventory. Please indicate your understanding that donations of services and labor are not eligible for this tax credit: Also, please include a statement that community contributions accepted under this program will only be used for the approved project--construction, substantial rehabilitation, or improvements to the buildings--and will not be used for administrative or operating expenses. EMERGENCY MANAGEMENT . HOUSING AND COMMUNITY DEVELOPMENT . RESOURCE PLANNING AND MANAGEMENT '" . - Mr. Bill Ayers Page Two 2) Local Government Resolution ! The document submitted, Ordinance No. 82-89, relates to adoption of a comprehensive plan by the City of Delray Beach. This is not the necessary document. Paragraph 220.183(5) (a), Florida Statutes, requires that: "... The proposal shall also contain a resolution from the local governmental unit in which it is located certifying that the project is consistent with local plans and regulations." -:b..(~ Please obtain a local resolution from the City of ~4Y Beach which specifically acknowledges the project of Old School Square, Incorporated as being "consistent with local plans and regulations." The Department will need an official copy of this document, certified by the City Clerk. To clarify a point in your letter of May 11, 1990, the Department has a "thirty (30 ) day approval turn around time" for tax credit applications from corporate donors under this program, not for project applications from potential sponsors (Fla. Admin. Code Rule 9B-17.008). As a matter of courtesy, rather than procedure, our staff tries to review and provide an initial reply to sponsor applications within 30 days; however, the complexity of these applications sometimes requires additional time for final approval. If you have any questions or need additional assistance, please contact me at (904) 488-3581. Sincerely, ~r4 .8lLic Beverl A. Brice Community Assistance Consultant /bab "1-1 ~--v, : .i~G~ . t~' ! I.' ~. ~ -j'-- ~;~~ LA W OFFICES OF ./[ 1: f', , - ..[:..f ~>., ROGER G. SABERSON, P.A. J {j r fr." DELRA Y EXECUTIVE MALL N26 ..fJ 1 to EAST ATLANTIC A VENUE Clfy 4t 'Y&o DELRA Y BEACH. FLORIDA 33444 '4A;4CERS (407) 272-8616 OFFICE June 26, 1990 Mayor and City commission City of Delray Beach c/o David Harden, City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Harden: Please be advised that I represent Michael J. Lembo, as Trustee, who is the owner of the Real Property that is the subject of your Agenda item 8-M. My client was completely unaware that this request was pending before the City until this last Saturday, June 23. My client ..~ .. . objects to the proposal and has not and will not permit it to,take place on the subject Property. Therefore, we would respectfully request that you deny the application. Sincerely yours, /I~~ ~ ROGER G. SABERS ON RGS/drt Mike Lembo . cc: [IT' OF DELAA' BEA[H CITY ATTORNEY'S OFFICE 310 S,E. 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483 407/243-7090 TELECOPIER 407/278-4755 MEMORANDUM Date: June 25, 1990 (Ite/' / To: City Commission David Harden, City Manager #~ From: Jeffrey S. Kurtz, City Attorney Subject: Review of Golf Course Contract Buy-Out Agreement and Installment Sale Agreement I. Buy-Out Agreement Our office has reviewed the proposed Buy-Out agreement as amended by the Licensee, Delray Golf, Inc. , and would accept the agreement as to legal sufficiency and form, with the caveat that Paragraph 9(a) be stricken from the agreement. The Licensee was not acting at the City's direction when it used the state contract to purchase the tractors. Moreover, it is our office's opinion that the City's tax exemption is only effective when purchases are made directly by the City and therefore, even if the City had authorized the purchase, the tax would still be due. In relation to Paragraph 9B, our office would suggest that both parties affirmatively request a formal opinion from the Department of Revenue as to what taxes are due, since it appears that questions remain. It would be appropriate to escrow the potential tax due, at the time of closing, to insure availability of funds if the Department made a determination that tax was due. The reason for this affirmative action would be to resolve the matter, rather than waiting for a potential audit or investigation by the Department of Revenue to be instituted and decided. Further, Paragraph 10 should be amended to indicate that the City will close on July 1, 1990, not June 1, 1990. With respect to the closing date, it would be our office's suggestion that the time be expanded for at least thirty (30) days in order for all parties to have sufficient time to prepare for the transfer. City Commission David Harden, City Manager June 25, 1990 Page 2 Previously, our office reviewed and provided opinions in our June 7, 1990 memorandum regarding various contracts the City would be assuming pursuant to the Buy-Out agree- ment. Those previous comments regarding assignability etc. of course pertain to the amended Buy-Out agreement as well. Particular emphasis should be made with respect to the assignment of the Golf Course Professional's contract and the management agreement for the restaurant. Under the previous relationship, the City had no obligations with respect to those contractors and the City was protected by virtue of its license agreement with Delray Golf, Inc. The City will now be in a direct contract with the golf pro and restaurant manager and will be assuming Delray Golf's obligations to those parties. The buy-out agreement does not contemplate the continuation of the indemnifications provided in the original agreement between the City and Delray Golf, Inc. It would be our office's suggestion that the indemnification of the City continue for claims arising during the time period in which they controlled the golf course. Moreover, since Delray Golf, Inc. is a shell corporation which more than likely will discontinue exist-ence in the near future, the indemnification should be made by Mr. Goldstein himself or some other entity which would have sufficient assets to cover the potential claims in the future. II. Installment Sale Agreement and Note The revised installment sales agreement and note fails to include a right to prepay the note. Our office recommends a prepayment provision be incorporated into the agreement and note. Further, our office strongly recommends that the note bear a legend that the note shall not be trans- ferable without the prior consent of the purchaser since the note issued by the City will not be rated or credit enhanced and there will be no disclosure document regard- ing the note. The agreement should not permit acceleration for non-payment or other default. Our office recommends that the acceleration provision be deleted, or the City may find that in the event of default, it must in an inordinately short amount of time, procure funding to pay off the entire note. Moreover, our office would modify Section 4.1(a) of the installment sale agreement to "'"" ~ ~" , . City Conunission David Harden, City Manager June 25, 1990 Page 3 provide at least a five ( 5) day grace period each month, rather than a three times a year, 15 day grace period, which if violated four times in one year would constitute grounds for default and acceleration of the note. JSK:ci .- .--- ~- ....... . . .. [IT' DF DElAAY BEA[H 4 100 NW, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: Robert A. Barcinski, Asst. City Manager, Community Services SUBJECT: Agenda Item June 26, 1990 - Request Delray Golf, Inc. Reprioritization Capital Improvement Program - Exhibit D DATE: June 22, 1990 . COMMISSION ACTION City Commission is requested to approve a revised Exhibit "D" Capital Improvements schedule as submitted by Delray Golf, Inc. BACKGROUND During contract negotiations Exhibit "D" was finalized with the understanding of all parties that the Exhibit could be modified if new priorities were identified and actual costs differed from estimated costs. The Exhibit was to be flexible in order to adjust to changing needs, the non-changeable variable being the yearly and 5 year total .' capital improvement costs. I have reviewed the request from Delray Golf, Inc. and have requested comments from the City Attorney and Mr. Weldon. To date, I have not received any comments. Attached is a copy of the request received from Delray Golf, Inc. and a comparison chart between the rev~sion and the original Exhibit. I have also indicated "new" items contained in the requested revision. RECOMMENDATION Recommend approval of the requested revision. This decision will be moot if Commission decides to buyout the licensee. RAB:kwg C'fB THE EFFORT ALWAYS MATTERS I \ DELRAY GOLF, INC.4 P. O. Box 7178 . DELRAY BEACH, FL 33484-7178 . (407) 278-0315 OON"'~D ROSS. 1923 May 15, 1990 , ........ Mr. Robert Barcinski . RECEIVE I Assistant City Manager 1.<<Y 1 6 90 City of Delray Beach . 100 N.W. 1st Ave. !, . OMM. SVCS. GRO, j ., Delray Beach, FL 33444 ) ... ~... Subject: Exhibit D Revision Re: License Agreement . City of Delray Beach Golf Course Dear Bob: Please find enclosed Delray Golf, Inc.'s request for a revision to Exhibit 0 of the referenced License Agreement. Since taking over the golf course on January 1, 1990, the management of the golf course has identified specific capital improvement needs that are essential to be completed within the first year. The revised Exhibit identifies the order of priority of these requirements. The two tractors have already been purchased; the rain shelter and restroom renovations and reconstruction was accomplished within the first l20 days; the course equipment has been purchased and the benches have been rebuilt and placed back on the course. The pruning of the entire golf course was necessary to ensure adequate grass growth; the most cost effective means of approaching the pruning project was to have the entire course done at the same time. We have done minimal work to the driving range which has included the purchase of a ball washer. Our major reconstruction project for the driving range starts this summer with removing the path at the back of the tee, rebuilding the tee and sprigging the entire driving range. It will be necessary to install an irrigation line to water this grass and that is why we have added irrigation to year one. Additional lines and heads are also required to be added to the course to ensure sufficient tee green and fairway growth where there are currently no heads located. I \ # -2- ,We are in the process of designing the office and chemical storage additions to the Maintenance Shed and have requested the correct environmental specifications for the chemical storage facility, as well as having a survey completed that locates the maintenance facility on the property. Items 9, lO and 11 have been completed. We have had our logo designed and are in the process of considering different options for signage. It is Delray Golf, Inc.'s opinion that we have a' potential for injury due to the condition of the asphalt around , the clubhouse and pro shop area. For this reason, we feel it is necessary to begin some of the asphalting and resurfacing in year one. We feel we can do a one-time clean-up of the lakes for $1,SOO. It is necessary to do that in the first year before the lakes' growth becomes weed choked once again. This is just a brief description and narrative as to the projects we plan to complete in years one and two. Please contact me if you would like to discuss this prioritization further. I would appreciate your response as soon as possible to either the acceptance or change of this Exhibit so that we can continue to solicit bids for the balance of the projects. Sincerely, ~'-~~ Kim N. Bregman Vice President/General Manager Delray Golf, Inc. I \ i REVISED EXHIBIT "Dn CAPITAL IMPROVEMENT ORDER OF PRIORITY Estimate 1 . Tractor/mower 7 unit fairway $50,000.00 . 2 . Tractor/mower 5 unit rough 3 . Rainshelter/restrooms - renovation and ll,500.00 landscaping/restroom reconstruction 4. Course Equipment - pin flags, tee markers, 6,600.00 ball washers, benches, trash cans 5. Trees - pruning and removal entire course 40,500.00 6. Driving range - realign tees to protect 9,500.00 houses, sprig, ball washer, yardage markers 7 . Office addition and chemical storage 20,000.00 facility in maintenance shed ~C\IJ 8. Irrigation - add line to driving range, l5,000.00 add heads required on course N;iIo,) 9. Locker room renovation 700.00 lJ[&,.) lO. Pro shop renovation 5,700.00 IJSW 1l. Course markers 1,200.00 l2. Signage 3,000.00 I \ # -2- Estimate tJEt,I) 13. Asphalt around clubhouse to prevent injury $ 6,700.00 14. Aquatic one time clean-up 1,500.00 t-Jt'" 15. Office addition and renovation 1,400.00 , "'E~l6. Water box addition 700.00 17. Bridge #3 - repair railings, paint, 1,000.00 asphalt where necessary . 18. Tees - broadening and leveling lO,OOO.OO ~l9. Cart washing pad 2,000.00 20. Drainage - French drain '1 3,000.00 2l. Irrigation - addition on line to 18th 30,000.00 fairway, addition of head to course 22. Sand trap renovation 25,000.00 23. Parking lot improvements, resurfacing 30,000.00 and striping 24. Landscaping (entrance, parking lot) 20,000.00 25. Cart path improving and lengthening 17,000.00 .'\. W 26. Enlarge Bridge at #3 7,500.00 27. Bag storage/club repair 7,500.00 28. New fencing lO,OOO.OO 2'9. Renovate greens, fairways and pro-shop 4l3,000.00 clubhouse and restaurant improvements TOT AL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750 , 000 . 00 I , \ i 001 C1\ VI "'" W I\) .... . . . . . . . B III III 0 '< .... III 0 o Ii ~ ~a:B'gO ....t1~ VI~ 001~ 1lI~:3H1 III :3 I-' 1'1 01111'1 1'1 III III 0 III 0 III 1'1 1'1 .... 0 0. HI 1'1 10 .... .... c 9 111 III III 1'1 :3 C :3 0 .... c:: III c:: III :3 1'1 .... 0." 10 < 1'10111 1ll:T~Illt1 0.9:3 :3 n :3 n ~ rt III 0 n III ::t .... 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CITY COMMISSION DOCUMENTATION TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III f:Y~J ~ FROM: DAVID J. KOVACS, DIRECTO~ DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 12, 1990 CONSIDERATION OF A SITE PLAN FOR PHASE II OF DELRAY TOWN CENTER (Linton @ Military Trail) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a site and d,evelopment plan for the proposed Phase I I of Delray Town Center to be located in between Shadywoods and Phase I (Albertson's). BACKGROUND: This site plan follows the rezoning approval (for LC) which was granted by the City Commission on April 24, 1990. In short, the project involves 71,990 sq. ft. of floor area including an out-building (parcel) which is proposed to be a banking facility with a drive-through feature. The site design also accommodates provisions of individual agreements reached between the property owner (Pugliese) and the Lakeview Golf Course and the Shadywoods Homeowners Association respectively. Some of those provisions conflict with land development code requirements. These conflicts are addressed later in this document. A full description of the revised site plan and its analysis is found in the P&Z Staff Report (attached). PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed this item at its meeting of May 31, 1990. The Board failed to make a recommendation by deadlocking, 3-3, on two motions. An amended motion which set forth a recommendation of approval with a set of conditions which addressed technical matters and items of conflict between agreements and codes did not pass (Parker, Schneider, Bridges in support; Klarer, Coopersmith, Purdo in opposition). An original motion which also set forth a recommendation of approval but with conditions per the staff recommendation i.e. removal of the outbuilding (parcel) etc., did not pass (reverse of previous roll call). In addition to matters addressed in the failed motions, Mr. Schneider expressed concerns with the design of the outbuilding; however, suggestions for redesign were notq advanced. C .. ~ . . , . City Commission Documentation Consideration of a Site Plan for Phase II of Delray Town Center Page 3 Compliance with parkinq requirements: There is a situation wherein as a stand alone parcel, Phase II does not comply with on-site parking. While there are excess parking spaces in Phase I and arrangements can be made through "Administrative Relief" provisions to have on-site parking requirement met, the applicant is seeking a determination that, in fact, the shopping center is one entity and that the standard which is used for a larger shopping should apply. This has an effect of reducing the number of required parking spaces and allows parking required for Phase II to be accommodated on that parcel. There is another benefit to the property owner which is that, under current regulations, the excess parking (above that required for a shopping center) can be used to accommodate additional "food service" (restaurant) usage. At issue is whether the center should be considered as a single entity or each parcel (Phase) should stand alone. Although a formal recommendation was not made by the Board, the apparent consensus was that joint parking should be favorably considered. Period of validity of site plan action: This item was not addressed by the P&Z Board. Under normal circumstances, approval of the site plan would be for an eighteen (18) month period. However, in this situation there will be other changes to City codes which jeopardize development of the property pursuant to the submitted site plan. These factors include the Comprehensive Plan text amendment (which is under State review) which calls for LC zoning no longer being consistent with the land use designation of "Transitional"; and, that with new Land Development Regulations (LDRs) there is direction to delete LC zoning. Both of these items should be in place in September. Thus, for development under this site plan to be vested substantial construction must occur by, or in, the month of September. A problem in determining substantial construction (which is defined as improvements equating to 25%, or more, of total project cost) is just what is to count toward Phase II i.e. should the access road and infrastructure needed to be constructed for Phase I, but which also service Phase II, be so considered? My position is that they should not. I recommend that it be clear that for the purpose of vesting, the 25% requirement would involve improvements approved expressly as a part of the Phase II submission plans excluding any improvements on the Phase II property which were required as a part of Phase I development. MAJOR ISSUE: The major issue which seems to have brought about the lack of a recommendation from the Planning and Zoning Board centers about allowing a free-standing building (out building / out parcel) to be a part of the shopping center. Direction from the City Commission and the Board previously set forth a policy of not desiring further accommodation of such free-standing structures. Those Board members who took the position that the free-standing structure should not be accommodated relied on Standard "J" i. e. "determination of the sui tabili ty of the site plan, with particular attention to assuring that the appearance and general layout of the development will be compatible and , , City Commission Documentation Consideration of a Site Plan for Phase II of Delray Town Center Page 4 - - harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values" . Cited concerns were with the free-standing structure limiting views into the overall center at this major point of entry in a manner which detract f rom the center in general and which may cause confusion or hesitation in the ingress to the site at this entryway. Those who did not support this argument did so based upon either not supporting the overall policy position dealing with outparcels or because such a prohibition is not codified. RECOMMENDED MANNER OF PROCEEDING: 1- Determine the City Commission's position with respect to the free-standing structure. 2. Determine the City Commission's position with respect to vesting of this site plan (assuming approval). 3. Determine the City Commission's position with respect to the manner in which parking requirements are to be met i.e. a) fully on-site b) through off-site accounting via administrative relief c) through consideration of a single center 4. Revisiting others items, if any, from the P&Z staff report, the private agreements, or new material. 5. Action via motion. ALTERNATIVE ACTIONS: A. Deny the submitted site plan if it is the Commission's position that the free-standing building should not be accommodated and the applicant demands that it be included. B. Approval of the submitted site plan with the applicant's concurrence to delete the free-standing building without prejudice. This course of action would allow approval to occur and work to begin on the next step of processing while further activity, if any, is pursued with respect to the free standing building. C. Approval of the submitted site plan subject to conditions. Any action of approval should include the following conditions: 1- That a five foot (minimum) perimeter landscape strip along the west property line and adjacent to the entire entry way from Linton Boulevard be provided and further that this landscaping match, as near as possible, the currently , , , . 'I L. _.~ ~ "" . ~ City Commission Documentation Consideration of a Site Plan for Phase II of Delray Town Center Page 5 . - 2. That if the landscaping along the north wall is not provided for as described in the agreement between the owner and Lakeview Golf Course, the landscape strip adjacent to the north perimeter wall be increased to a minimum of six feet six inches (6'6") to accommodate the buffer treatment shown on the landscape plan. 3 . That the parking situation be resolved through a determination that the center is to function as a whole and that there be legal, recorded documents which provide for the perpetual right of joint access and use of all parking spaces by all tenants of either parcel. 4. That either Parcel 2 be replatted or the previously approved, but not recorded plat, be modified to depict new easements and the provision of cross access rights. With such a plat submittal, final engineering plans for this Phase II must be provided. 5. That a revised site and landscape plan be provided and that it accommodate the items noted under the Technical Review Section of the Planning and Zoning Board staff report with following modifications: * that accommodation for security to Shadywoods through the use of fencing, but in a manner other than shown on the submitted site plan, be accommodated * that the wall along the west side of the lake taper to a height of four feet ( 4' ) * that the wall along the north property line and that portion which is within the rear yard setback be at a height of six feet ( 6' ) 6. That revised engineering plans which address the items noted under Engineering and Utility items of the Technical Review Section of the P&Z staff report be provided. 7. That this approval shall be valid until such time that Amendment 90-1 to the Comprehensive Plan is adopted by the City Commission. At such time, if Phase II development is not established pursuant to 173.868(A), this approval shall become void. For purposes of determining "the total cost of all improvements" to be used to calculate establishment of use, only those improvements which are associated with Phase II development and which are not in any way associated with Phase I shall be used. I' City Commission Documentation Consideration of a Site Plan for Phase II of Delray Town Center Page 6 . - Any action of approval shall also include the following items: A. That Administrative Relief is granted to accommodate 67 parking spaces as "compact spaces"; and, B. That a waiver is granted from Section 159.30 with respect to the required five foot ( 5 ' ) landscape strip along the wes t property line, north of the stores. Attachments: * P&Z Staff Report dated May 24, 1990 REF/DJK#66/CCTC.TXT 1 I ,::Jl_ANN; I NG & ZONING BOARD STAFF REPORT - -- - - - ~'rTY OF OELRAY BEACH MEET ING DATE: Mav 24. 1990 AG~ ITEM: IV.A. ITEM : Site Plan. Delray Town Center, Phase II, on the North side of Linton Boulevard Rptween the Proposed Albertson's Site and Shadywoods. .- ~- 1/., ,,: 7':":'" ;, . I. :-.. JO> , . I L C I . _____ l I ",. II:' 1, :." ~ " t... II ..... h 1.' T .. .,.. ~... .,,:':-0:": .;-~~ -~__ ~ ...."..~ _ ".j; ... " __ ----::_ ,..oJW')'''' ;::1_..". _~ ...... I ..-\ ~. s.H4C.YW-qt/OS-:- ROO:, J .' =' '-"'---P'HA.SE.....~ ~ t . t " . , I ~~! ~-:~~j~~:tP!Z~ _~ ...". ----.&...-)...- -; 0 a r OS ... 0-;-"'" ." . ~..... ::........'";'" ..~ ., #w'r" '~..' ... ....t....,..'~...t,.. ~.Ia tr ",.e-. ~.:-:.n - . - - .~ - . ~ UN , - c.";~ v4]., - -, '-",-: J~c_~~_ '", ' - ~ - .- - - --- "'--- ~ - - . . :;~NERAL DATA: Owner. . . . . . . . . . . . . . . . .. . . . . . . . . .Anthony V. Pugliese, III Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Robert E. Basehart Location........................North of Linton Boulevard approximately 630 feet east of Military Trail Property Size...................9.962 Acres City Land Use Plan..............Transitional Commercial Adjacent Zoning.................Horth of the subject property is zoned R-lAA (Single Family District) an~ SAD (Special Activities District), East is RM-6 (Multiple Family District), South is POC, and West is zoned ,. LC (Limited Commercial) Existing Land Use...............Vacant Land Proposed Land Use...............71,990 sq. ft. retail shopping center Water Service. ..................Via connection to the 8" water main within Delray Town Center Phase I and connecting to the 10" main located on Linton Boulevard. Sewer Service...................Service to be provided by Item: IV.A. extension of 8" sanitary sewer from Shadywoods. t , - - THE ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation on the site and development plan for Delray Town Center Phase II. BACKGROUND This development has a very long and controversial development history. The most recent development activity which the proposal at hand is tied, is the request for a change in the zone district from POC, Planned Office Center to LC, Limited Commercial. A chronology of events leading up to the recent action taken by the Planning and Zoning Board was outlined in the Planning and Zoning Board staff report of April 16, 1990. At the April 16th public hearing meeting, the Planning and Zoning Board recommended on a 6 to 1 vote to deny the requested zoning change. The Board's recommendation was forwarded to the City Commission. The City Commission at its meeting of April 24, 1990 moved for the adoption of the rezoning ordinance on first reading and set the public hearing (Le. second reading of the Ordinance) for May 22, 1990. PROJECT DESCRIPTION The easterly 9.68 acre parcel of the 20 acre Delray Town Center development, constitutes the site for which action is requested. The development as proposed will add 71,990 sq. ft. of retail uses to the already approved 101,417 sq. ft. Delray Town Center Phase I (Albertsons). Build-out of the entire 20 acre site as proposed will see 173,371 sq. ft. of retail uses, including three free standing buildings (two banks both with drive-up tellers and a 5000 sq, ft restaurant). Within De1ray Town Center Phase II, three sub-anchor stores with floor area ranging from 15,750 to 20,000 sq. ft. are proposed. Other uses are: * 4,800 sq. ft. assorted local retail * a 7,240 sq.ft~ restaurant * a 4,200 sq. ft. free standing bank with two drive-up tellers. II To: Planning and Zoning Board Re: Consideration of a Site and Development Plan for Delray Town Center Phase II Page 2 . . This development is integrated with the Albertson site thru common access points, shared infrastructure facilities, similarity in landscape treatment, architectural features and design. With the development of the Albertson site, public improvements such as the extension of sewer mains; location of drainage structures, a water management lake; and access easements across the subject parcel were identified and established. Thus, certain development parameters of the site were fixed which dictated development options Le. placement of buildings, parking/accessways and landscaping. These parameters are: * Lake Manaqement Tract: A 2.63 acre y.; 1 ter management lake accommodating drainage for the entire 20 acres on the eastern 1/3 of this site. * Points of Access on Linton Boulevard: The access point to the public street system aligns with an existing median opening with Linton Boulevard. * Internal Accessways: A 24 foot accessway across the site from the Albertson parcel connecting to the easternmost curb cut on Linton Boulevard. * Open/Space Buffer at east property line: A 75 foot open - space/buffer easement (a part of which extends within the lake management tract) * Circulation Desiqn to accommodate Semi-Truck Traffic: Provision of a permanent semi-truck route to serve both tracts. PROJECT ANALYSIS Although both sites are integrated thru common architectural features and design and shared public improvements, the approved plat subdivides the entire 20 acres into two separate parcels. Although the approved plat ensures maintenance responsibility of common areas i.e. lake and other infrastructure, each parcel is a separate entity and thus is required to stand alone in terms of meeting development regulations such as setbacks, parking, loading and landscaping requirements. The initial site plan submittal was made on January 31, 1990. This site plan was rejected because of several deficiencies and outstanding code violations. A significant item was the proposal for a 45,000 sq. ft anchor tenant. The Limited Commercial regulations restricts the size of a single tenant space to 20,000 sq. ft. The width of the landscaped lake management area . I To: Planning and Zoning Board Re: Consideration of a Site and Development Plan for Delray Town Center Phase II Page 3 - . along the western lake perimeter and an inadequate buffer along the north property line were additional items which required further study and necessitated redesign. A new submission was made on March 6, 1990. Upon staff review a revised submittal was made on May 4, 1990. It is this submission upon which this analysis is made. The analysis has been conducted pursuant to 173.867 Standards for Evaluating Site and Development Plan Applications. STANDARD A (Sufficiency of Statements and Graphic Materials): A complete site and development plan submittal package has been provided along with an updated traffic study. As a part of the submission the development scheme was shown for Phase I. This scheme does not reflect the final approved plans i.e. boundary landscape etc. However, the action before the Board involves action on Phase II only. STANDARD B (Effect of Density or Proposed Use of the Subject property upon Adjacent and Nearby Properties) The development as proposed is predicated on approval of a change in the zone district to Limited Commercial. At the time of rezoning the impact of the change of use from an office zone district to a commercial zone district was evaluated.The major points of concern which resulted in the Board's recommendation of denial were: - that the LC district will accommodate usage which is more intensive than that allowed by the POC in terms of usage extending into evening hours, an overall increase in average daily traffic and a greater range of uses - some of which may be inappropriate in proximity to the existing residential to the east - unacceptable impacts of the LC zoning district - lack of a need for additional retail land use Since the LC zoning must be in place for any retail development to proceed, the analysis of this criteria focuses on an evaluation of the intensity of the development and design impacts on nearby and adjacent properties. The following existing surrounding land use pattern is identified: - To the north, Lakeview Golf Course attendant to the Lakeview residential development; 4 II To: Planning and Zoning Board Re: Consideration of a Site and Development Plan for Delray Town Center Phase II Page 4 . . - To the immediate west, retail commercial (Albertsons development); - To the south, Boca Rey shopping center and the vacant but proposed office park development; - To the east, Shadywoods residential development. Of the surrounding land uses, the adjacent residential developments will incur the greatest impacts from this development. Thus specific attention must be paid to any negative impacts which may be created as a result of poor site design. With respect to the intensity of the development, the floor area is 71, 990 sq. ft. or 17.1% of the total site. This floor area ratio does not represent an intensive or. over-built site. The provision of the lake management tract and the open space buffer area at the east end of the site have provided limitations to the maximum attainable floor area. The location of the water management tract adjacent to the residential development and the buffer elements provided on both sides of the lake, as well as the proposed buffer treatment along the north property line do reduce negative impacts such as noise and visibility of the service areas. As specified in the rezoning report, although the project will generate additional traffic, acceptable levels of service on the adjacent streets will be maintained by the proposed improvements required of the Knight Center (Boca) and the Albertsons development. Another item of impact to be considered by the Board is the potential hours of operation. Concerns were raised at the zoning hearing regarding the potential hours of operation. Limitations on operating hours similar to the limits placed on Phase I is reasonable. Thus, the hours of operation would be limited to specific hours with opening no earlier than 6 a.m. and closing no later than 11 p.m. seven days a week. STANDARD C (Ingress and Egress) With the development of the Albertson's site, off-site improvements to accommodate the entire 20 acre development were required. Access points to the site were fixed and cross-access circulation patterns were determined. The following list identifies the off-site roadway improvements required to be constructed prior the issuance of occupancy permits for the Phase I development: I I To: Planning and Zoning Board Re: Consideration of a Site and Development Plan for Delray Town Center Phase II Page 5 . . - A continuous right-turn lane along Linton Boulevard from Military Trail eastward to and including the taper lane east of the easternmost access. - Modifications to the median adjacent to the eastern entry for Linton Boulevard, to accommodate east bound left turn movements into the development - installation of a left turn lane for east bound Linton Boulevard traffic out of the eastern Linton Boulevard entry. - installation of the "peanut" in the median in Linton Boulevard adjacent to the central entranceway - installation of a left turn lane and median modification for southbound Military traffic at the north entry . - installation of right turn lanes for northbound Military Trail traffic at both entries from Military Trail. Both Phases will function as a whole with respect to internal traffic circulation. Direct access to Linton is accommodated via a curb cut just west of the water management lake. This access point aligns with the existing median opening which will be redesigned to allow left turn movements entering and existing the site. Indirect access to Military Trail is provided via the parking lot. As of this time two joint access points of record exist. The main ingress/egress easement across Phase II and the ingress/egress easement along the common boundary line. With the integrated site plan additional points of ingress and egress are proposed. Thus additional cross access easements are required. Generally, the on-site circulation system is adequate. However, some concern is noted with respect to the use of the drive-thru facility. Within Phase I, a pedestrian walkway from Military Trail along the frontage of the building was designed. This walkway will be contiuned within Phase II. However, there are no connecting walkway to Linton Boulevard. Such a walkway should be provided so that pedestrians can walk from Linton without having to use the driveways. This walkway may be provided along the central entry or along the restaurant building. Bike racks are provided at the sub-anchor retail stores. STANDARD D (Off-site Parking and Loading) As the site is required to stand alone with respect to meeting parking requirements, this results in a parking deficiency of 14 ,"U"__"._,,"" i'* I To: Planning and Zoning Board Re: Consideration of a Site and Development Plan for Delray Town Center Phase II page 6 - - spaces. This deficiency is due to the additional parking spaces required for food service uses. However, if both parcels were combined as one development, the deficiency would be eliminated as the parking requirement for food service uses is reduced from 8 to 6 spaces per 1000 sq. ft. of food service area in centers between 100,000 sq. ft. and 200,000 sq. ft. Recordation of a Unity of Title binding the parcels into one for parking purposes will eliminate this deficiency. Of the total parking provided (332 spaces), as required, 2% are designated handicapped spaces (12x18 wit.h 5 foot ramp) . Sec 173.771(D) (5) states that to the greatest extent possible handicap spaces shall be located so that one does not have to cross a driveway aisle to enter the building. There are four handicap spaces proposed across the driveway asile from the proposed structure. If these spaces are relocated adjacent to the building 1. e. west of the restaurant, Sec. 173.771(D)(5) will be complied with. Sixty-seven (67) or 20% of the required spaces are proposed to be compact spaces (8x16). Pursuant to 173.771(F)(1) up to 30% of the required spaces may be designed as compact car spaces for long term employee parking. Compact car spaces are to be located in the least desirable customer location 173.771(D)(3) Also, they must be signed and marked for employee parking 173.772 (C) (5) (a-c) The criteria for determining whether or not Administrative Relief should be given is found in Section 173.775(A)(4). An evaluation' of the request per those criteria follows: a) The relief sought is consistent with the specific provisions applicable to the request as set forth in l73.775(B)(4) i.e. to allow the use of compact parking spaces for long term employee: The request is consistent with the provisions of 173.775 (B) (4) as the request falls below the 30% of the total parking spaces which may be utilized as compact parking. b) The intent of the parking code is preserved: The intent of the parking code is to allow compact parking spaces for long term parking or employee parking. The location of the parking spaces at the rear of the Center adjacent and in the far southwest section of the site will primarily be utilized by employees as they are far removed for the stores as well as adjacent to service areas. I I To: Planning and Zoning Board Re: Consideration of a Site and Development Plan for Delray Town Center Phase II Page 7 . . c) the parking provided will be sufficient to serve the use for which it is intended: The total number of spaces which is required is not diminished. Customer parking is provided in the most convenient locations. d) the relief sought will not be detrimental to the public health safety and welfare The location of the compact parking spaces does not create any abnormality with the circulation pattern established. Based on the above evaluation, the staff recommends that the requested Administrative Relief"be granted. Per Sec. 173.791, 8 loading berths are required and have been provided. The loading areas are designed to accommodate both single unit and semi trucks. The loading areas are so located to provide easy accessibility to all stores. Adjacent to the north and east building elevations, a landscaped area is proposed between the building and the parking and loading areas. There are no provisions for a walkway from these areas to the rear entrance of the stores. Walkways must be accommodated. STANDARD E (Screens and Buffers) A special 30 foot landscape buffer area is provided along Linton Boulevard pursuant to Sec. 173.030(M). In order to provide continuity of the landscape theme to the west, a berm (2 feet high) should be provided. This landscape feature can be easily accommodated. Along the north and east perimeters, special landscape buffers are required. These special requirements are triggered by district boundary regulations where commercial abuts residential land uses. Buffering shall be provided by either a solid masonry wall 6 feet in height or a continuous hedge at least 4 1/2 feet. The next two paragraphs describe how these requirements are met. Along the north perimeter, a five foot landscape strip is provided. The buffer treatment incorporates a 6 foot high wall, a hedge row and a tree line with trees (Eucalyptus) planted 25 foot on center. A strip of five feet between the property line and driveway areas is not sufficient to accommodate the proposed buffer treatment. To maintain all the elements proposed Le. wall, hedge and trees, a minimum landscape width of 10 feet is recommended. However, this dimension may be reduced to 6 feet 6 inches if the proposed wall is similar in design to the wall within Phase I (Le. with no footer) . In no case will it be acceptable to notch the root balls of the Eucalyptus ~:r:ees) , To: Planning and Zoning Board Re: Consideration of a Site and Development Plan for Delray Town Center Phase II Page 8 - - The additional landscape area must be picked-up from the south side of the driveway. Along the south side of the access drive, adjacent to the building a landscape strip of 5-12 feet is provided. The foundation plantings, a walkway and the additional area necessary to maintain the north perimeter buffer treatment must be accommodated. Along the eastern property line groupings of Eucalyptus, Sabal Palms, Wax Myrtle are proposed in addition to several Banyan and Maple trees which are to be preserved. Neither a wall or hedge is proposed at the immediate east property line. However, both buffer requirements i.e. wall and hedge are placed along the west side of the lake. An 8 foot wall (across from the service areas) which steps down to five feet closer to Linton Boulevard is proposed. The wall is buffered on both sides by a hedge, the type and height of the buffer are not specified. In addition, a 6 foot high vinyl chain link fence is proposed along the south side of the lake. In order not to restrict visibility of the lake from the public street as well as to enhance the entranceway, staff recommends: - the elimination of the chain link fence - that the height of the wall be reduced in a series of steps to from eight feet to three feet as it approaches Linton Boulevard. The existence of this site as a separate parcel triggers perimeter landscape requirements along the west property line. Pursuant to Sec. 159.30 the perimeter landscape relating to abutting properties requires a minimum 5 foot landscape strip between the common lot line and adjacent vehicular use area. The 5 foot landscape strip has not been provided. South of the southernmost east-west drive a 3 foot strip has been provided, no other landscape buffers are provided along the east side of the common boundary where other parking areas abut the property line. Thus, this buffer must either be provided or obtain a waiver from the City Commission. In considering this matter two factors should be evaluated: - The area located to the rear shopping center - the area south of the building i.e. adjacent to the entranceway. North of the building (i.e. rear of the center) a waiver is justified as a 10 foot landscape strip exists within Phase I. a I To: Planning and Zoning Board Re: Consideration of a Site and Development Plan for Delray Town Center Phase II Page 9 - - With respect to the area adjacent to the enbtranceway, the approved site plan for Phase I has a landcsape strip of 10 to 15 feet along the west side of the central drive. A 5 foot landscape strip on the east side of the drive is within Phase I. By requiring 5 feet as a part of Phase II, a more balanced landscape feature will be provided along the entry drive. Also, it will provide a better separation of parking areas along the main drive. The additional five feet can be picked up without adversely affecting parking except within the vicinity of the bank outparcel site. The initial submittal included lighting details. The lighting plan did not provide cut-off luminarire devices and showed spillage on adjacent properties. STANDARD F (Drainaqe) On-site drainage retention is proposed. Drainage is to be collected via inlets which drain into the lake at the east end of the site. The water management lake has been designed to accommodate drainage of the entire 20 acre parcel. The conceptual drainage solution for this site is acceptable. Detail construction plans are required for Phase II. STANDARD G (Sanitary Sewer) A master sewer plan for entire the 20 acre site was developed and approved as a part of the Albertson's site improvement program. Sewer service is proposed via an 8 inch main which will be connected via provision of a new manhole on the existing sewer main. STANDARD H (Other Utilities) Water: Water service is to be provided by internal extension of an 8 inch water main from connections to the 10 inch water main on the north side of Linton Boulevard and the existing 8 inch water main provided along the west property line. The internal water system is looped. Fire Protection: Fire protection is provided thru a series of fire hydrants on site and sprinkling the building. The water distribution plan shows fire hydrant locations. To meet the spacing requirement, an additional hydrant is required at the east end of the entrance drive. ~ To: Planning and Zoning Board I Re: Consideration of a Site and Development Plan for Delray Town Center Phase II page 10 - . STANDARD I (Recreation and Open Space) Within the LC (Limited Commercial) district there are no specific open space requirements. Special perimeter landscaping requirements on Linton have been met with respect to landscape area. The interior landscaping requirement per Sec l59.31(A)(1) is 10% of the total area used for parking and accessways. The total paved area is 158,144 sq. ft. The total landscaped area is 18.2% or 76,791 sq. ft. of the site. However, a breakdown of interior versus perimeter has not been provided. This data must be provided to ascertain that the interior requirement has been met. The provision of a retention lake at the east area of the site provides an open space feature. STANDARD J (Site development) This standard pertains to an overall assessment of the site and development plan with particular attention to compatibility with adjacent and nearby properties and the City as a whole. The overall impact from a design point of view appears minimal. Adequate buffers are provided to the residential property on the east. Along the north perimeter, the same buffer treatment as Phase I is proposed. From a use point of view, imposition of limiting hours of operation similar to Phase I, mitigates some aspects of the intensity of the use. The Board has stated on record its opposition to outparcel buildings. The proposed free standing bank building presents concerns, namely: - the circulation pattern to use the drive-thru facility; - the remoteness of the parking area for customers to enter the bank to conduct business. In addition, as stated Under Standard E, dealing with landscaping, in order to accommodate the perimeter landscape buffer to the west, a change of the bank outparcel is necessary. Elimination of the outparcel would meet with the Board's desires and provide resolution of landscaping issues. Also, additional parking could be provided which would negate the need for a Unity of Title for parking purposes. & . To: Planning and Zoning Board Re: Consideration of a Site and Development Plan for Delray Town Center Phase II Page 11 . . REVIEW BY OTHERS Community Appearance Board: The development proposal was before the CAB for preliminary review on March 28, 1990. The general development concept was acceptable. Additional screening in specific areas such as the provision of additional buffer along the west side of the lake to screen the service areas was required. Final review by the CAB is scheduled for May 23, 1990. Other Items: Extension of water and sewer mains are proposed. Easements must be provided to cover these mains. The approved plat shows an ingress/egress easement along the common boundary line. With the development of Phase II, this easement will no longer be needed. In addition other cross- access easements are needed. These items will require replatting of Parcel II. With the replat all final engineering drawings must be provided if not submitted early. TECHNICAL ITEMS The following technical items are outstanding: Site and Landscape Plan Matters: - The four handicapped parking spaces located across the driveway shall be located adjacent to the main building. - That a berm 2 feet high) be provided within the landscape strip along Linton Boulevard. - Clearly define the proposed plant material at this time. - Stagger the proposed trees on the west side of the lake on both sides of the wall. Groupings of palms should be incorporated within row of shade trees in order to utilize the large number of relocated Sabals and to break-up the monotony of having one long row of a single tree specie. - Eliminate 6 foot chain link fence south of the lake. -.,--. ..- "f , To: Planning and Zoning Board Re: Consideration of a Site and Development Plan for Delray Town Center Phase II Page 12 - - - The wall west of the lake shall be decorative (stucco finished) . In addition, that the 8 foot wall extend for 420 feet from the north end then step down to five feet for a distance of 80 feet then step down to 3 feet. - That cut-off luminarire devices be provided for site lighting at the north and south property perimeters. - A minimum 5 foot landscape area shall be provided between the eastern entranceway and the drive thru lanes. This will necessitate adjustments to the bank out building. - Modify the landscape island at the northeast end of the main building to accommodate increase radius. - provide a dimensional cross-section of the north landscape buffer area. - revise the site and landscape plan to accommodate the walkway and foundation plantings adjacent to the north and east building elevations. - provide a breakdown of the interior landscape area. The minimum interior landscape area must be met. Enqineerinq and Utility Matters - Provide Type "F" curbing along exit lanes adjacent to bank drive thru. - Provide an additional fire hydrant at the east entrance drive at Linton Boulevard. - Indicate the proposed surface material for the plaza area. - Indicate that the walkway adjacent to the main center will be raised. ASSESSMENT The site plan for Phase II has been revised to meet nearly all previously identified code violations. The significant items to be resolved by the Board deal with : * the perimeter landscape strip along the west property line; * the ability of the landscape strip along the north property line to accommodate trees; * imposition of a condition regarding the hours of operation; .. I To: Planning and Zoning Board Re: Consideration of a Site and Development Plan for Delray Town Center Phase II Page 13 . . * the method of accommodating the parking situation on Phase II with respect to use of a Unity of Title, which in effect reduces the parking requirement. * a determination with regards to maintaining the free standing bank building. The elimination of the free standing bank building provides a ready solution to all the problems pertaining to landscaping with the exception of the sufficiency of the landscape buffer along the north property line. Assuming that the zoning is approved by the City Commission and that the site plan meets with any additional conditions imposed by the City Commission and resolution of the five items stated above, it is appropriate to act on the site plan. ALTERNATIVE ACTIONS First, address each of the five items identified under the Assessment section of the report, then: 1. Continue with direction and concurrence of the applicant. 2. Recommend approval of the site and development plan. 3. Recommend denial of the site and development plan with stated reasons. RECOMMENDATION By motion, forward a recommendation of approval based upon the findings of compliance with the ten criteria used in the Evaluation of Site and Development Plan Applications subject to the conditions as listed below: A. That the bank out building be eliminated. B. That a five foot (minimum) perimeter landscape strip along the west property line adjacent to the entranceway be provided. C. That the landscape strip adjacent along the north perimeter be increased to a minimum of 6 feet 6 inches feet to accommodate the buffer treatment as proposed. --,~---_.., I I To: Planning and zoning Board Re: Consideration of a Site and Development Plan for Delray Town Center Phase II Page 14 - . D. That the hours of operation be limited to specific hours with opening no earlier than 6:00a.m. and closing no later than 11:00 p.m. seven days a week. With the caveat that the City will have the right to reduce the hours of operation any time in the future upon the City's sole determination of conditions that warrant the earlier closing time, subject to the right of the owner/developer to endeavor to address those concerns before final action is taken. E. With the elimination of the bank out building, that additional parking be provided to accommodate all parking requirements within Phase II. F. Either replat Parcel 2 or modify approved plat depicting new easements and the provisions of cross-access rights. With the plat submittal final engineering plans for this Phase must be provided. G. That a revised site and landscape plan be provided accommodating the the items noted under the Technical Review section of the Report. H. Revise the engineering plans to address the items noted under Engineering and Utility items of the Technical section of the report And further recommend that: - Administrative Relief be granted to allow 67 compact car spaces; and, - A waiver be granted from Sec. 159.30 in order to eliminate the 5 foot landscape strip along the west property line at the rear of the building Attachments: Reduced site plan REF/JA/45 TOWNSR n . 1 I i S' Privacy W.. --" - -- liD . a+ b ... /-b I . , ., '1' Ii' IU' '5' sr' , 7 I_I 411' If I ' , f: , , , I I I Scj) , . sf Anchor RetaI i Sub Anchor Rata. 'ii Anchor I .' Retal . , .. I ~. 20,000" I 20.000 .f I , -, ~ I , ..! j!. F~~ 21.1.. =: .... FI-R.. 21.70' i 15,110 ., ! ~ - . , ,. IIIn. F SR... ~ 21.10" :0 - '03 3S .. .....~ Lake 4 fltIMW -- (W... ~ ..... Sir , "- 2.63 ac) .... \. --. ~ L,WCJ H~~.'" CHf~~ 17.:-r~ . ~ 7 1 rH I , . ~ 55' I ~ I - .-.- r...-y ... .... I L ... ~ Jill c'l' j ,JL ~ 'i '. to' ~ .,....... I 1M.... Oft ~ ,.... i Reslaurant I (SIlMI 4 .. 131 fat' ...... I--- · .r ~ "'--- i' I 1.240 .f . ..... F F E, 21 70- 10 ,.. 10 1 L~ I i ,., 15' Open SpIIce'-.l... Buffer Euement ~ I 10 t' 10 10 to 10 w.a_.... I .... ........ ....,.. fiI I' '-...t. typ",\ ! S' ~ tnt r- ""1' -.ect ....i1\ ' 12 tI -.- ,,,,,,,. ..~ ~ull.. ~ -- -- -- -- -- -- --- sea041'06.'" 1~'7 ,7' -- ,-- .' ',--- . - ----- - ----- --- - - . r -4 --- - - - - - -- - - --- ........... "- Praaa~d I --_.- .---- - ,'\ ,; :.'\ ~ l. \ 4 C I T Y COM MIS S ION DOC U MEN TAT ION ***** SUPPLEMENTAL INFORMATION ***** TO:C~ERYL LEVERETT, ADMINISTRATIVE ASSISTANT III FROM: (~l~~~TOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 26, 1990 RE: DELRAY TOWN CENTER SITE PLAN Please refer to the City Documentation material which was prepared for the June 19th meeting for details of this request, its analysis, and items which have occurred subsequent to its consideration by the Planning and Zoning Board. Since the writing of the June 19th documentation, the Commission has works hopped the issue of "vesting". Accordingly, when that issue is presented (with respect to this project) it would be appropriate for the Commission to, by motion, provide the following direction: By motion: That when Comprehensive Plan Amendment 90-1 is again before the Commission, an additional modification be proposed which adds the following language to Policy A-S.2 of the Capital Improvement Element just before the final sentence: "Any conditional use or site plan which was approved and remained valid but becomes impacted by an amendment to the Future Land Use Map and/or a rezoning action shall remain valid for the remainder of its approved time limitation." Suqgested Method of Proceedinq: It is suggested that the following sequence be followed in handling of this item: 1. Presentation by Director of Planning regarding each of the items listed on pages 2 & 3 of the June 19th documentation. 2. Comment by the project agent. 3. Comment from the public with a general limitation to the representati ves of parties who have heretofore presented testimony during public meetings. City Commission Documentation - Supplemental Delray Town center I Page 2 4. Discussion by the City Commission on the following subjects (in order): a) The free-standing structure (out building/parcel) b) length of validity of an approval action c) manner of handling parking requirements d) revisiting a~other item addressed in the staff reports or public testimony s. Action on the site plan submission. Please refer to the June 19th documentation for alternative actions and conditions of approval. PLANNING AND ZONING BOARD CONSIDERATION: & RECOMMENDED ACTION: See the June 19th documentation. Attachments: * City Commission documentation dated June 19, 1990 REF/DJK#66/CCDTC.TXT -- \ 4 CITY COMMISSION WORKSESSION DOCUMENTATION TO: CHERYL LEVERETT, AD:HNISTRATIVE ASSISTANT III OFFICE OF THE CITY CLERK ~U~ FROM: DA ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: CITY COMMISSION WORKSESSION OF JUNE 19, 1990 DISCUSSION OF "VESTING" AND DELRAY TOWN CENTER ITEM BEFORE THE COMMISSION: The item before the Commission is that of a presentation and then discussion of "vesting" in general and its specific application to the potential approval of a site plan for Delray Town Center, Phase II. There is to be no action taken. However, the following should be achieved: * Commission understanding and acceptance of the general concept of "vesting" * Understanding of options which can be applied in the Delray Town Center, Phase II situation. BACKGROUND: With the adoption of the Comprehensive Plan it becomes mandatory that all development orders be issued in a manner consistent with the Plan. A development order can be as broad as a rezoning or as specific as a building permit. In that the Comprehensive Plan is comprised of some very specific items e.g. concurrency doctrine and the Future Land Use Map and some more general items e.g. policies and directives to accomplish tasks at future dates) "c.o,,'S\,~u.~.. ~'\ ~~ "".'" f)(e.~ . With respect to "vesting", the Comprehensive Plan provides for the following: Policy A-5.2, Capital Improvement Element: "Any planned development (ie a project under one of the City's 'planned' zoning district e.g. PRD-L, PCC, etc. ) which has had its master plan approved and is building out in phases or increments under its master plan shall be exempt from the provisions of Objective A-7. Any conditional use and or site plan which does not vest itself pursuant to the land use regulations of the City shall, at the time of its consideration of extension, be subject to the provisions of Objective A-7." City Commission Documentation Worksession of June 19, 1990 \ Discussion of "Vesting" and Delray Town Center 4 Page 2 Objective A-7: "For any land use project which requires review and action by the Local Planning Agency (LPA) or the City Commission, the LPA shall review the project with respect to all facets of the Comprehensive Plan. Upon such review, the LPA shall provide findings addressing consistency of the project with the Plan. A finding of overall consistency must be made in order for the project to be approved and shall include specific reference to the manner in which public facility needs created by the project will not exceed the ability of the City to fund and provide or to require the provision of the needed capital improvements. " INTERPRETATION AND APPLICATION OF THE ABOVE: In applying the above to everyday situations, the Planning Department and the City Attorney's Office agree on the following: 1- A site plan which was approved prior to enactment of the Plan and is for a site upon which the proposed use is consistent with the Future Land Use t1ap may proceed to construction even if design features are inconsistent with direction in the Plan or with any new design regulations established through the LDRs. However, if the site plan is not "established" per current code provisions (the 25% requirement), then a site plan extension cannot be granted without first being subject to a total evaluation pursuant to the Plan and current codes. 2. A site plan which is subject to such a total evaluation cannot be extended if the proposed use is not consistent with the Future Land Use Map. 3. There is still discussion as to whether or not a building permit can be issued for a previously approved site plan when the use is inconsistent with the Future Land Use Map. It is agreed that appropriate zoning must be in place. It also is clear that if a building permit is issued, construction commences, the site plan expiration date arrives and the 25% requirement is not met, the project must cease and cannot be completed. The above situations must be consistent with the zoning designation which exists at the time a building permit is issued; however, existence of zoning may not mean that the permit can be issued if the zoning is not consistent with the Future Land Use Map. In other words, during the period in which the Plan is adopted but the LDRs have not been revised, the Future Land Use Map supplants the zoning map with respect to use at the site plan and/or conditional use approval level and perhaps at the building permit level. -"_.. --"..-.,.-". City Commission Documentation Worksession of June 19, 1990 \ Discussion of "Vesting" and Delray Town Center # Page 3 While the above is, on the surface, confusing and may seem harsh as it applies to obtaining a building permi~ where the previously approved use is not consistent with the Future Land Use Map, there are very few situations where it exists. At present we are aware of only two such circumstances. APPLICATION WITH RESPECT TO DELRAY TOWN CENTER: At present the Delray Town Center Phase II site plan can be approved as it is technically consistent with the Comprehensive Plan. However, Plan Amendment 90-1 deletes LC zoning as being consistent with the "Transitional" land use designation on the Future Land Use Map. Thus, if schedules are maintained the following will occur: 1. On September 1st, the zoning would become something other than LC in order to be consistent with the future land use map amendment. 2 . On September 25th, the Plan Amendment will become effective and no development order for LC uses would be appropriately issued on the site. Delray Town Center can "beat the clock" by: 1. Obtaining a building permit prior to September 1st; and, 2 . Becoming "established" by having 25% of all costs completed by September 25th. Under this scenario, the City would be obligated to make a technical amendment to the Future Land Use Map to reflect current conditions. Acknowledging that the above scenario may not be acceptable to the applicant, it is anticipated that he will seek interpretations or take actions which will allow vesting to occur. Some of these include: 1. Do not change the zoning until after adoption of Plan Amendment 90-1. This provides a longer period for securing a permit but not for "establishment" of the use. 2 . Determine that the 25% requirement may include all physical improvements located on the Phase II parcel even though they are required for Phase I (This interpretation is not favored by the Planning Director) . In conjunction with item #1, "establishment" may be accommodated (actual cost are not known thus a firm statement cannot be made). _._.'.~- City Commission Documentation Worksession of June 19, 1990 \ Discussion of "Vesting" and Delray Town Center 4 Page 4 3. Determine that the project is a single "planned" development and is to be treated as a whole. Thus, the 25% requirement would apply to the entire center and would have to be met by September 25th in order to be able to construct what is known as Phase II. In order to properly qualify for this potentiality, the plat which has created two lots would need to be voided and a new plat created which treats the center as a single entity. 4 . Concurrent with the action in Plan Amendment 90-1 which deletes LC zoning as being consistent with "Transitional" the land use designation, alter the Future Land Use Map to extend the "Commercial" designation onto that portion of the' Phase II site where construction is to occur and have the balance of the site (lake area) shown as Open Space. If this occurs, the new zoning on the shopping center portion of the site would be the contemplated PC (Planned Commercial) District. Whatever direction is taken, it is necessary that it be clearly stated in the conditions of approval on the site plan (assuming approval is granted) . The most restrictive position would be accommodated through establishing a time limit on the site plan approval which is less than eighteen months and which coincides with the effective date of Plan Amendment 90-1. NOTE: ALTHOUGH MOST OF THE MATERIAL ADDRESSED ABOVE HAS BEEN DISCUSSED WITH THE REPRESENTATIVES OF THE CITY ATTORNEY'S OFFICE, THAT OFFICE HAS NOT PROVIDE A FORMAL OPINION ON IT. THUS, OPINIONS FROM THAT OFFICE MAY VOID CONSIDERATION OF SOME OF THE ALTERNATIVES AVAILABLE TO DELRAY TOWN CENTER. . REF/DJK#65/CCDTC.TXT . - ~- ' I -^- : I C I T Y COM MIS S ION DOC U MEN TAT ION . . TO: QL LEVERETT, ADMINISTRATIVE ASSISTANT III ~0 u:u{J y- v C-' FROM: D D J. KOVACS, DI~CTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 26, 1990 CONSIDERATION OF THE SITE PLAN FOR PLAZA RAFFAELLA ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a site and development plan for a proposed mixed use (residential, restaurant, retail) complex to be known as Plaza Raffaella. The development is to be located on the west side of North Federal Highway, just north of Kentucky Chicken. BACKGROUND: This site plan follows the annexation of this and other property in the North Federal Highway area. The site is vacant but had been used in the past for parking in conjunction with the flea market. Since annexatio~ the property has changed hands. A full description of the site plan and its analysis is found in the P&Z Staff Report which is available in the City Manager's Office. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed this item at its meeting of June 18, 1990. There was no public comment and the applicant concurred with the information and the contents of the staff report. The Board, on a 6-0, forwarded the site plan with a recommendation of approval subject to the following conditions: 1. That the tract be replatted to incorporate the dedication of 10' for the ultimate right-of-way along North Federal highway, the 30' abandonment along Old Dixie Highway, and the dedication of utility easements. 2. That adequate fire suppression facilities are provided. 3 . A revised landscape plan which complies with the items listed under "technical review" be provided. % . City Commission Documentation Consideration of the Site Plan for Plaza Raffaella Page 2 4. The dumpster be relocated so as not to interfere with the .loading zone. - The Board also recommended granting administrative relief to allow compact car parking spaces as shown on the site plan. RECOMMENDED ACTION: By motion, approve the site plan for Plaza Raffaella based upon the findings and recommendation of the Planning and Zoning Board including the granting of administrative relief for compact parking spaces. Attachments: * Cover sheet from the P&Z Staff Report dated June 18, 1990 * Reduction of site plan DJK/#66/CCPLAZA.TXT ~t-ANN'I NG 8- ZONING BOARD STAFF - -- REPORT - - - ~ITY OF OELRAY BEACH =ETING rnTE: flJNE 18. 1990 AGEt-D1 ITEM: IV.A. -. r TEM : e Plan: Plaza Raffezella, ~ixed Use Restaurant, Retail and T~o Apartments. - . ----- ...01...&..__ : WSA 6., A =1 .,......." Florida Inland ~"O"".-I" NO't19':t~:~-- . ;FNERAL DATA: Owner.......................... .Raffaella Spina Troyanos Agent........................... for:-::a Architects Location....................... .East side of North Federal Highway between Royal Palm Boulevard and Canary Avenue Property Size...................l.06 Acres City Land Use Plan..............General Commercial City Zoning.....................GC (General Commercial) Adjacent Zoning. . . . . . . . . . . . . . . . . Uorth and South of the subject property is zoned GC (General Corr;nercial) , East is zoned SC (Specialized Commercial), and \.Jest is RH-IO (r'1ul tiple Family 0'..; e 11 i n 9 0 i s t r i c t ) Existing Land Use.............. .Vacant Land Proposed Land Use. . . . . . . . . . . . . . . t.: i:-:ed use composed of restaurant, reta.il shoppes, and residential Uill:'S ~ \.J ate r Service.................. .12" ',..rater main runs down east side of North Federal Highway. [[ 1::1: I', o. S e vI e r Service.................. .To t:e provided by extending 8" sani ~~;:y sewer_ from lift station. - ~ , .. ----..--, ., --- ----------- ~ I __----- 1 I, ""'1. ...~.:~----- - ]. . '1 ,\" \ __--'''--- ...J.. I i I I '". _--- . .' . ..!..~~ I :..1 ~.. -~ I~~ .. . _ 'Jfl . 1 I :..~ t ...~.~ :\ 1...---=:...- i ~ . l .' '.' >.' :' :=:.=':..--- t ~ ~~~ c;;::;..= '-- \ ~i\~-""". \' \ ....- ,'---- -4 --.., - <= =---,,= \ ; ,\ II \ I --------" =\ ,,\. . . 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T ~ I "2 I o.:P:llII~ out "",or I I ' L..___ __ ~....., ",.,,, _______ :__~_~==_J " > . . " ,'J~ 1 C I T Y COM MIS S ION DOC U MEN TAT ION . . TO, ~~YL_LEVERETT. ADMINISTRATIVE ASSISTANT III ~~{jkLPC~ FROM: DA ID J. KOVACS, DI CTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 26, 1990 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ALLOW A LODGE TO LOCATE WITHIN A S.C. ZONING DISTRICT (LODGE OF NOAH'S ARK) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a conditional use request for the use of a "Lodge". The specific use will be the Lodge of Noah's Ark. The proposed location is on the west side of S.E. 2nd Avenue, just north of S.E. 4th Street. BACKGROUND: The Lodge of Noah's Ark has existed in the City for six years and is presently housed in a dilapidated shopping center at S.E. 1st Avenue and S.E. 1st Street. The center is targeted for demolition. Thus, the lodge is seeking a new location. The proposed location is within an industrial/service type building located in the industrial/commercial area east of the F.E.C. Railway, north of 4th Street. Please refer to the P&Z Staff Report for an analysis of the request. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed this item at a public hearing held on June la, 1990. No one spoke in opposition. The applicant sought relief from a condition which required termination of the use if the F.E.C. rejected a barrier along their common property line. The Board was receptive to modifying the condition provided that the Fire Marshall was agreeable that an existing four foot walkway (north side of the structure) was sufficient for evacuation. The applicant also asked if the Lodge could be housed in any bay and an affirmative response was provided. After discussion and a general consensus that the change was a positive move, the request was forwarded, with conditions on a 6-0 vote. 1F . . City Commission Documentation Consideration of a Conditional Use Request to Allow a Lodge to Locate Within a s.c. Zoning District - (Lodge of Noah's Ark) Page 2 An item of co~e conflict deals with meeting parking requirements. The technical aspects of these requirements can only be set aside by the granting of a variance by the Board of Adjustment. The Planning and Zoning Board found that by restricting the hours of use to after 5:00 p.m. the findings, relative to parking, associated with evaluation of a conditional use request could be met. RECOMMENDED ACTION: By motion, approval of the conditional use request to allow the Lodge of Noah's Ark to locate on the si teJ pursuant to the findings and recommendation of the Board and subject to the following conditions: 1- No barriers shall be installed or -.:.cected on, or by the property, which would prohibit access to public right-of-way from this place of assembly. 2. The use (lodge) shall conduct meetings only after 5:00 p.m. 3. That a variance be obtained from the Board of Adjustment relative to requirements of Section 173.771(A)(1). Attachments: * P&Z Staff Report dated June 18, 1990 DJK/#66/CCNOAH.TXT 1II , . _ANN'I NG 8 ZON ING BOARD - -- STAFF REPORT - - - ITY OF OELRAY BEACH vEET ING rnTE: JUNE 18, 1990 =lG~ - ITEM: III. "B. . rTEM= CONDITIONAL USE: LODGE OF ~iOAH I S ARK rn-" :;. b ~ f .... . 5 E ,\1. . ~'.~ , . - - - ~, , 3 J2 D t I..l.. I" ",. - ~. " . . ''-' . - ----'- 'D'. "." I 'f I ~ ~ "l "'" : ,,"",: .,; .~. 0)"' ' - z I ~... . r-- ~ t- _ ~ It- -,- --;;- ~ I ~ ' - - ~.. _ 1 ~ ..? J ? ~ e 1 "7 .. ~ ,~-,-I-'- ...-.... I f- ~ "'." IG "J;> - I'J' IS, 71 1',:1 -' 4 ,...,,, ~ .. R ~R L~ 11 .:', > 5 -. """' /7 S ~ - _ _, : 4 .6 r1 5 ,> 6 f '- '8 f-8.b--f r-----:-8 ~~ ~ ~ r ,- I I' 20 1 4~ ~ / - \h - · ~ ~ 6 ..:. '-' !~ ,I) t' G -, ,V 7 _I - ----::-- - - .: _ _ __ 1---_ :" ,e.. . 18 7 - -fv 7 8 f--' Xl 8 lJ ~ - --=--- --- 7 I -I'; ,0 8 7C 11 R IT 9 2/ Q I /) f- 0- . '~ ,~- I J.!ZL 8 -- - --=---- 11 (K ~, '2 \ pc..;. ') /'.. t-=j9 . '0 lZ +I '" - - ,,\ I- . Q. . . . ( f:) 1'2 'I S \. _ _. .. " _ 10 ~ 10 ,_ . d.;,,, ~ \I ., I ~- , " I . -:-- '- I 2J ~ ;. /4 1/ ~t-- 1/ ~ ",i.1 p'Z, ,Z4~l.:r.~/2 Ie; IZ.;.;. 'e 24. ""13 /7e. , j. r.. ~ '"77"'rr ~ .. .. .,. "" '" lit,? I . '';;;- - '. -- r- .. A ......)' (f/ riA", ~ " r ..J E \ TH S T r"'TTy___ _ __.._ . L. '-lERAL DATA: OW n e r . . . . . . . . . . . . . . . . . . . . . . . . . . . P au 1 E. Carlson Applicant.................. ..... Paul E. Carlson Representation for the Lodge. ...Joseph E. Demesmin of Noah's Ark, Inc. Location........................West side of Southeast 2nd Avenue between Southeast 4th Street and Southeast 3rd Street Property Size................... .28 Acres City Land Use Plan..............Redevelopment Area , 5 City Zoning.................... .sc (Specialized Commercial) Adjacent zonlng.............. ...North, East, South and West of the subject property are zoned SC Existing Land Use........ .......Vacant bay within an existing industrial building Proposed Land Use........... ... .Occupy a 640 sq. ft. bay to ~ accor,~oda te the Lodge of nOClh's Ark, Inc. ( a fraternal organization) Water Service.................. .Existing on-site LTC-I: lIt. Y-u:_.:__ I""'ln-c:;t-o . I'l'EM BEFORE TilE BOAHD: The item before the Planning and Zoning Board is that of making a recommendation on a conditional use request to allow The Lodge of Noah's Ark, Inc. to occupy a vacant bay within an existing warehouse building. The subject property is located on the west side of S .E. 2nd Avenue, between S .E. 3rd Street and S.E. 4th Street. BACKGROUND: The existing building in which the Lodge is requesting to locate was constructed in 1973. At that time the property was zoned C-2, which allowed warehouses and auto repair as permitted uses. The structure is industrial in character and houses several industrial uses, 1. e. auto upholstery shop and ceramic manufacturing. Presently, the property is zoned SC (Specialized Commercial), which is primarily intended to accommodate retail business or commercial service activities. However, pursuant to Code Section 173.509(C), in this geographical area between S.E. 2nd Street and S. E. 6th Street, within lOO feet of the F.E.C. Railroad right-of-way the following industrial uses are permitted: storage, sign shops, upholstery shops, woodworking shops, custom fiberglass shops, cabinetmaker shops and perfume processing shops not to exceed 2,500 sq. ft. The property is located within \-Jellfield Zone #3 and Redevelopment Area #5. A redevelopment plan for this area is to be prepared in fiscal year 91/92. The termination of the nonconforming uses and industrial uses in this area is encouraged. The Lodge of Noah's Ark, Inc. is 12 member fraternal organization which has been conducting meetings for the past 6 years at the First and First Plaza at the northwest corner of s.w. 1st Avenue and S.W. 1st Street. The Lodge is attempting to relocate to the existing warehouse building described above. First and First Plaza has been condemned by the City and is scheduled for demolition this year; thus necessitating relocation of the lodge. The Plaza has been identified as a high crime area and a place where undesirables congregate. Conditional use approval is required to establish a lodge in the SC zoning district, thus the request before the Board is a result of this requirement. PROJECT DESCRIPTION: ~ The proposal is to establish a lodge in a 640 sq.ft. bay within an existing building at 338 S. E. 2nd Avenue. Meetings are currently conducted every Honday night between 7:00 p.m. and 10:00 p.m. . . P&Z Staff Report The Lodge of Noah's Ark, Inc. - Conditional Use Page 2 PROJECT ANALYSIS: Pursuant to Delray Beach Code of Ordinances Section 173.848 (Standards for Evaluating Conditional Uses) , there are ten standards by which all conditional uses are reviewed. The following is a result of that review: Standard #1 (Inqress and Eqress) Traffic: Direct access to the property is provided via existing parking spaces along the front of the property. The spaces encroach into the S.E. 2nd Avenue right-of-way. Pedestrian: Places of assembly must have a front exit and a rear exit for fire safety. Each exit must have direct access to a public right-of-way. There is no direct access to a public right-of-way from the rear of the property. However, access to a public right-of-way is possible via the F.E.C. Railroad right-of-way. A determination has been made by the Fire Chief, that for a lodge of 14 members, this is an acceptable means of access, provided neither the property owner or F.E.C. Railroad construct a barrier along the rear of the property which would impede access to the public right-of-way. As a point of information, the overhead bay door which provides a rear exit is not acceptable. A pedestrian door will need to be installed. Standard #2 (Off-Street Parkinq and Loading Areas) The existing parking is nonconforming in design and number of spaces. An inspection of the site indicated that the parking area is not striped and the existing spaces encroach into the S.E. 2nd Avenue right-of-way. It appears that the site could accommodate approximately l5 cars, if the spaces in front of the 10 overhead doors were utilized as parking spaces. Pursuant to Code Section 173.773(D), clubs and lodges require 1 parking space per every 4 seats or 1 space per every 50 sq. ft. of total floor area, whichever is greater. The proposed use will occupy 640 sq. ft. of total floor area, thus requiring 13 parking spaces. Given that the businesses within the building are closed after 5:00 P.M. , the Lodge will be able to utilize the parking spaces in front of the overhead doors. ~ Pursuant to Code Section 173.771(A)(1), any increase in required parking with a change of use must be accommodated. This use will require 11 additional spaces over the current of 2 spaces for this bay. These 11 additional spaces can be accommodated by the following three options: . P&Z Staff Report The Lodge of Noah's Ark, Inc. - Conditional Use Page 3 1 ) Variance .. Request a variance from the Board of Adjustment to waive the requirement per Code Section 173.771(A)(1) . 2} Administrative Relief: Pursuant to Code Section 173.775(B) (3), administrative relief may be granted by the City Commission to allow multiple uses located on the same site to jointly use parking spaces. However, per Code Section 173.771(E)(2}(a), a lodge is not listed as a use that may utilize shared parking. The Board has indicated that it is supportive of expanding the types of uses that can utilize the shared parking concept and that the proposed Land Development Regulations will contain provisions for shared parking. However, current code requirements do not allow shared parking between a lodge and retail uses. Utilization of this option would require postponement of the proposal until adoption of the new Land Development Regulations. 3 } Off-Street Parking: Per Code Section 173.771(7)(a) , off-street parking is allowed in the SC zoning district when all or part of the off-street parking area is within 300 feet of the principal use. However, all of the lots within 300 feet of the subject property are developed. A loading area is not required for the proposed use. Standard #3 (Refuse and Service Areas) There is an existing dumpster on the site. It is not screened and encroaches into the S.E. 2nd Avenue right-of-way. The refuse that will be created from the Lodge will be minimal and can be accommodated. There is not an area designated on the site for the dumpster. Designating or upgrading of the refuse area will make an existing nonconforming situation more nonconforming. Standard #4 (Utilities) Water and sewer are existing on-site. The vacant bay which the Lodge is requesting to occupy does not ~ contain a restroom. A place of assembly requires men's and women's restrooms which are handicapped accessible. If the approval is granted these improvements must be made. i I I I P&Z staff Report The Lodge of Noah's Ark, Inc. - Conditional Use Page 4 Standard #5 (Screeninq and Bufferinq) Screening and buffering of the property is inadequate. No improvements are proposed. There will be no exaccerbation of the current situation because of the proposed use. Standard #6 (Siqns and Lightinq) As previously stated, this is an existing building and no exterior improvements are proposed. If the applicant proposes to erect a sign, review and approval of the proposed sign by the C.A.B. (Community Appearance Board) will be required. Standard #7 (Setbacks) The building conforms to the setback requirements of the SC zoning district. Standard #8 (General Compatibility with Adjacent Properties) A place of assembly is usually not found in industrial areas because of the character of the industrial areas 1. e. industrial parks or isolated areas. Also, uses which bring the general public into an industrial area are not usually encouraged. In this situation, however, the industrial area is not so isolated and is on a part of the standard grid street system. Thus, conventional thought might not be appropriate. Standard #9 (Heiqht of Buildinqs) As the proposed use will be located within an existing building the building height is not an item of concern. However, the existing building is similar in height ( 14 ft. ) with the adjacent structures and the facade has been improved and has an acceptable appearance. Standard #10 (Economic Effects on Adjacent Properties) Given that the proposed use will be active after 5:00 P. M. , the use will not create any adverse impacts on the adjacent properties. OTHER ITEMS: , The bay that will be occupied by the Lodge shall be handicapped accessible. Therefore, upgrading of the bay will be required. Prior to issuance of an occupational license improvements to the bay must be in place. P&Z staff Report The Lodge of Noah's Ark, Inc. - Conditional Use Page 6 A. No barriers shall be installed or erected on or by the prope~ty which would prohibit access to public right-of-way. B. That if the F.E.C. railroad erects an obstruction along the rear property line, the use shall terminate. C. That the Lodge shall conduct meetings only after 5:00 P.M. D. That a variance be obtained from the Board of Adjustment to waive the requirement per Code Section 173.771(A)(1). 4 . Recommend approval of the conditional use request for the Lodge of Noah's Ark, Inc. based upon positive findings pursuant to Section 173.848 (Standards for Evaluating Conditional Uses) subject to the following conditions: A. No barriers shall be installed or erected on or by the property which would prohibit access to public right-of-way. B. That if the F.E.C. Railroad erects an obstruction along the rear property line, the use shall terminate. C. That the Lodge shall conduct meetings only after 5:00 P.M. D. That a variance be obtained from the Board of Adjustment to waive the requirement per Code Section 173.771(A)(1). E. That the site be upgraded, requiring the processing of a site plan modification. RECOMMENDED ACTION: Recommend approval of the conditional use request for the Lodge of Noah's Ark, Inc. based upon positive findings pursuant to Section 173.848 (Standards for Evaluating Conditional Uses) subject to the following conditions: A. No barriers shall be installed or erected on or by the property which would prohibit access to public right-of-way. B. That if the F.E.C. Railroad erects an obstruction along the rear property line, the use shall terminate. C. That the Lodge shall conduct meetings only after 5:00 P.M. D. That a variance be obtained from the Board of Adjustment to ~ waive the requirement per Code Section 173.771(A)(1) . JC/3/NOAHSARK.TXT _..- ~ - ' , t :'l ~ "':C't" ;::~1 - ."/., o _.. " U} ;. I . ~ N -< ~ I N oggl~'- I ;\ ~ 1.0 l""l ~ u-) ~ r-- II \I II I N _ o -....... \D -'N '" '" I oaJ...... U1 CJ <:rN 0..... N <l) Cz.. I XXX COlf) Cz.. l""l ..... 0 NOo I 1"'l1.O~ ...... I m I I ~ w cii 8 I" M ~ Z ..... ~ I w z > : I -< ~ \D U1 -< aJ ~ 0..' 0 M ~ Z ~ I N 04; ~ N ~ ~ '" I '" ::: M '" .. U} : I ~ al.. . <J gu J, 19 Z I co ~ 0 t"') \D ~ <J I o w ~ 8 ~ Cz.. I H ~ ~ 00 0 U .. I . U1 W <l) 0 Cz.. aJ ~ I M ...... iittiiii\iiii:iiiiiiiiiii:iiii:iii:iiiiiii:iiiiiiiiiii11iii I I ~ ::i:~ii~ltlii~:;it,;W.!~*\IiM! _ _ J ? - .;;:;:.;;;;;.:::.;::.:.;...;,:.:........... o ..... . CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jun 22,90 9:27 P'.02 [ITY DF DELIAY IEAEH ..- CITY ATTORNEY'S OFFICE 310 S,E, 1.t STMET, SUITE 4 Dl'LRA Y BEACH, HORIDA 334&3 401/243.7090 THECOPIER 407/278-4155 MEMORl\NDUM Date: June 22, 1990 To: city Commission From: - Jeffrey s. Kurtz, City Attorney Subject: Montalban v. Oelray Beach ~ EEOC Charge Ms. Montalban through Mr. Jimmie Mack of the EEOC has conveyed an offer to settle her claims against the city of Delray Beach and Walter Barry for payment to her in an amount of $10,000. The proposed settlement would release the City and Mr. Barry from any future liability and not require the rehiring of Ms. Montalban. 0 I have attached copies of correspondence from the law firm of Mack and Bernstein who are representing the City in this matter. -while they are very comfortable with the City's legal position, they do recommend settlement of the case based on the grounds that costs of defending the action will far outweigh the monetary costs of settlement. Should Ms. Montalban file suit, naming the city and Mr. Barry, I would estimate that costs of defense would exceed $50,000.00. A more detailed legal analysis of the City's position is available for your review at the City Attorney's office. Should you have any questions with regard to this matter, plea.. do nOt hesitate to contact our office. ~~2,~i(. co David Harden, city Manager Lee Graham, Risk Management Administrator 9& ....- .... . - . CITY ATTORNEY'') OFFICE TEL ~,jo . 407 278 4755 Jun 22,90 9:28 F' ,1:1) : ;li " ;~. "'- ., MACK &.; BEBNSTEINf;r.,. cu",,'. ... MACM 0 ^TTOltHI:V..T .LAW . ", ''', '..... ., D&.N.TEIN . . "Q. ....0""". 0"0<;" ....... .I, co..,.. ... 1;1..0. r. .~eA.." Tl-iE EQl.IIT.....C BUILDING aV'T" '.00 .JC"""C'f' .. "cCiL.~_ AN 100 P~"I;HTREE ST....ET. N, W, 10 ",..wr..,... C:'TY -I.AooIA CSltn.. .,.,.,.&...... SUITE 600 UNIV~"A," Ct'l"r. r;.ft,t.I'OtltNIA .,eo. D....... ~. ...HI...'-I.... ATt..ANT4. GaOBO:u.. 30303 - 1909 .......'ct!: (.,el ao.' .... .....~ H, ...".. li\A'"I..CCIlt J, VAN OE,TTA tr.....I...IL~ '.18) .08. 010. J""IC~ ~ alJMLElt. I.""". O""'CE (404) ZZ3. osOO "'NA "1~"'~H ~c..,.v rACS''''''I.E (404) 223 - 52:88 -M ... ".fAlY'T.. .hI ......... , .... ~, . ," ,. ,'" ~ , '. ;(9:'. \ -0;0' 9, ' -' June 18, 1990 : , ' , .. Susan Ruby, Esquire City of Delray Beach 310 Southeast First Street, Suite 4 Oelray Beach, Florida 33483 Re: Monta1ban EEOC Charge Dear Susan: I informed Mr. Jimmie Mack of the EEOC that his proposed settlement offer would be placed on the Commission's June 26 agenda. I also advised him that I would contact him on June 27 with the City's response to the offer. Therefore, 1 would appreciate if you or Jeff Kurtz would contact either myself or-c~rtis Mack on June 27 with the City's position. In the meantime, please call if we can be of any further assistance. Sincerely, MACK , BERNSTEIN ~y- Greta Ytterbo GY/bmglO53L Enclosut'e CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jun 22, '3(1 13: 219 F'.05 MACK & BERNSTEIN 4\1''''. '"' ".4.. ATTO,.NI:'t'S AT I.AW ... '"0. ".fJ~L~. 0 ""11;_ .".... e.,,"."c'tt ..... ,J. e~..'" THE: l!:O\J.T....LE BU.LOINO .\lIT~ '.00 OI~QA'. ."UoM' 100 PII:...eHT,.EE ST"CI:T, N. W. IQ U.,vt:lllltAL C,1"Y "'~.A .,JI:II"".CY.. MC'4:-"."AN SUITI: 800 VNIVe"...... eln, eALlrO"NIA .l.g. oaCTA YTTI"" ATLANTA, G1l:0BOU 30303 . 1909 o~.... 4;. ..... ~~I". O""4ca tAl.' .oe . .... .....c:: H. aAt.M 'A.~.I"'I"& (.,., 10". - .,.. ...t'",,,'I.".I. VAN OE'rTa O"'tCE (404) 223 -0500 .JANice ". .~"Lt"'LIEW'. ~"'':;'E;I''''1.1I; (404) 2l.3 - !S~ElEi NU.A "IO..ON "~,,.y LAW"CHell " I""DO.- .D....JA .., IIVIM.' ...a .. ""'6.......... I", .co..~.... May 29, 1990 Rr.c:::~...rn ON: .,__?StS090---- City ;'~.:.:..;..,'=../: e'l;;'-:", VIA FEDERAL EXPRESS C::~' t' i V2C.. ~l ~/ :';€,'~h Jeffrey s. Kurtz, Esquire City of-Delray Beach 310 Southeast First Street, suite 4 Delray Beach, Fl or ida 33483 Re: ~ontalban ~EOC Charge Dear Jeff: Pursuant to the request of Susan A. Ruby, Esq. , Assistan~ Ci ty Attorney, this letter will summarize our position regarding the Equal Employment Opportunity Commission's offer of settlement referred to in our letter dated May 22, 1990. In addition, our opinion letter of March 9, 1990, attached for your convenience, sets forth in detail our factual and legal conclusions. In our opinion MS. Montalban's case lacks merit. First, the evidence related to the alleqed sexual harassment will not likely rise to the level of an actionable claim under Title VII. While there is a possibility that the Equal Employment Opportunity Commission may find probable cause, it is our opinion that the City would likely prevail in federal court. We further believe that the City will likely prevail on the other claims. The alleged Whistleblower claim is untimely and not covered by the Florida statute and the property and liberty interest claims are not actionable. In addition, it is not likely that the City would be liable under a respondeat superior or ne91igent hiring or retention theory. However, the City may have some exposure on the duty to follow policies claim. (See, March 9, 1990 letter for a detailed discussion on each claim.) CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jun 22,90 9:29 p'. Or:. Jeffrey S. Kurtz, Esquire " . City of oelray Beach page 2 . . May 2 g, 1990 The Ci ty 's liability in this case is minimal, if at all. However, the City clearly has an obligation to provide a defense and counsel to Barry for claims arising from or related to the performance of his public duties. Thus, any claims related to due process or Barry's pUblic duties would subject the City to attorney's fees for Barry's defense, as well as possible fees for the City's defense. Thus, althouqh liability exposure may ultimatelY be minimal, the possib_~lity for accumulating excessive fees in defending a cause of action 1s significant. While legally we do not recommend more than a nominal settlement, the added factor of attorneys' fees for Barry &1'1 d the City requires 'consideration of a reasonable settlement offer. Thus, we suggest that you discuss with the City Commissioners whether to offer an amount of $8,000 to $10,000 or some amount less than the cost of litigating this matter in order to resolve any action against the City and save the City futther political ramification and monetary expense. -- . -' please call us to discuss the City's response to the EEOC's settlement proposal. --- Sincerely, MACK & BERNSTEIN cQv;;f t Dt/!acif tf1 ~~ GY/bm9/0787L Enclosure CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jun 22.90 9:28 p ,Cl4 c"''"",. ~ MACIl MAcK & BElmSTEIN i r \ ATTORNEY. AT LAW . " . . 18'" If, ..""an:l" ICe ......... 01. ....1', ~~ . ._- . THE too'T.... Ou"O.'" - ~ ' .JI:H.n .. 04CULL..... 100 PEACHTREE SnU:~l". N, W. ~ -. "7 \ _ \u. "COT'" VTT.qO SuITE; 800 \.- ~ \.,.oe DC'." C. ,,"ILL'.' ATLANTA, GZOBGI4 ~ ~ ~ ' ~ V \ "Aile ... ....00 ~ l~. / u' Il"YHLCCII ". V"" ol:n" '" <Sr ~ . """ICa L. .1I...1o....Io.Wl. OF'F'IC! (404) 223.\ ~ ~ y ,,_ .". H<._ ._ r.CS'.'" 14041 "3 - Y -Y> ~ .... .. ..-....... ... .......... ~ ~ r uS; ~ ~- ~\ /." ~ . ~ '" --s::. \ v~.~ X cr e ~ 'f/~ ~~r May 22, 1990 \1> ~ ~ k S "".> ~ >( ...,.J1 /.' vV" - V" ~ VIA TELECOPIER 5/21./90- i~. ~ pf~.) (V ..:.~~' )f ~,~r \; orX ~ -\1 ~ ~~ Jeffrey S. Kurtz, Esquire ~~ \\ ~ ..,..____ City Attorney ~ City of -Del ray Beach 310 Southeast First Street, Suite 4 Delray Beach, Florida 33483 Re: Montalban EEOC Charge - . - 'U Dear Jeff: --fongratulations on your appointment as City Attorney. ~e look forward to working with you in the future. This letter is to advise you of a settlement offer presented by Mr. Jimmy Mack of the EEOC reg'arding the above-referenced matter. Mr. Mack stated that Ms. Montalban would be willing to settle the charge for $10,000. However, it has been our experience that there is room for further negotiation. Please call either myself or Curtis Mack to discuss the City's pOSition on settlement. Thank you for your cooperation and assistance in this matter. Sincerely, MACK 6c BERNSTEIN ~~ Gl'/bmS/0733x;, - <Of _ , , .. -_. .....' ,.. ,. .' ... .' .- .. , . ~ , c' . -' . rlYY D~ DElnAY bERtH I ; '., i ,\ . j . -".\. :../ .~.... 100 . '.', l)i ,~\.jL;'~l)::: DELRAY BEACH, FLORIDA 33444 $ 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~~ Robert A. Barcinski, Asst. 'Ci ty Manager, Community Services SUBJECT: Agenda Item June 26, 1990 - Roots Festival Support Request List DATE: June 22, 1990 COMMISSION ACTION City Commission is requested to approve the support request list as submitted by Roots Cultural Festival, Inc. BACKGROUND A $1,000 for the Roots Festival is budgeted in the fiscal year 89-90 budget. The request for a waiver of green fees cannot be granted under current contract provisions. The other items for support have been approved and granted in the past. An additional requirement should include insurance coverage (see attached). The estimate of overtime for Police security is $6,300. Commission may also want to consider charging one half the cost of other staff overtime. The total estimate for Parks and Recreation Department staff overtime is $4,800. Public works estimate for overtime and barricades is $450. It has been the Commission policy to charge 1/2 of staff overtime to the Delray Affair, and last year at the Commission meeting Commissioners advised members of the Roots Festival Committee that this charge might be levied this year. This is a policy decision for Commission consideration. RECOMMENDATION Approve the requested support list, with the exception of the green fee waiver, require insurance coverage, and consider charges for other staff overtime. RAS:kwg 9-H Tfic 1, I UH i At \/.'\,:) MATTERS : -- .. THIS CCRTIFlCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS THE PLASTRIDGE AGENCY, INC. NORfGHTSUPOHTHE~TEHOlDER.THISCERTIFlCATEOOESNOTAMEND. 2100 NORTH D1 Xl E HWY EXTEND OR ALTER THE COVERAGE AfFORDED BY THE POLICIES BELOW, BOCA RATON J FL 33431 COMPANIES AFFORDING COVERAGE COMPANY A l~R SCOTTSDALE INSURANCE COMPANY COMPANY INSIJRED ---- lETTER B ROOTS CULTUR.AL FESTIVAL, INC. COMPA1~Y C C/O SUZETTE FRANKLIN l~R 120 N. W 4TH AVENUE COMPAtlY D DELRAY BEACH , FL 33444 lETIER E TYPE Of INSURANCE POLICY NUMBER POClCY EffiCTM POClCY EXPIRATION OA TE (1oIMXlNY) OA TE (MMiOOIYY) GENERAL LIABILITY COMPAEHENSrvEfOflM GLS 198662 7/27/88 8/15/88 $ PREMISES/OPERATIONS PROPERTY $ $ urmERGROUND DAMAGE EXPl0510N & COl. lAPSE HA2AAO PROOUCTS/COMPLfTED OPERATIONS CONTRACTUAL ~t~~ED $ 500 J $ 500, INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAl INJURY PERSONAL INJURY $ $250. DEDUCTIBLE R BI & PO CLAUl AUTOM08ILE LIABILITY IlOOIL Y fO.flY $ AAY AUTO (PfR PfflSOOl All OWNED AUTOS (PAIV p~) 8:Ol.Y All rA"NfD AIITO" (OTHER THAN) ~AlXlOlIITI $ "" .) PHIV PASS HIRl 0 AUTOS . PROPERTl' NOtHlWNEO AUTOS DAMAGE $ GARAGE LIABILITY BI & PO COMBINED $ EXCESS UABILlTY UMBRELLA fORM ~t~~ED $ OTHE R THAN UMBREllA FORM WOAKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER DESCRIPTION Of OPERATlONSlLOCATlONSNEHICLESlSPECIAL ITEMS SPECIAL EVENTS/VARIOUS LOCATIONS/ADDITIONAL INSURED: CITY OF DEL RAY BEACH . . . - . SHOULD ANY Of THE ABOVE DESCRIBED POlICIES BE CANCELLED BEFORE THE EX- CITY OF OELRAY BEACH PI RATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 100 N. W. 1 ST AVENUE "AJL~DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE UFT, BUT FAA.JIRE TO MAIL SUCH NOTICE ~ IMPOSE NO OBUGA TION OA UABlUTY DELRAY BEACH, FL 33444 Of ANY KINO,OPONTHE COMPANY, IT.!-JoOEN)"SeRAEPRESENTATlVES, All: LEE GRAHAM AUT~~ T I, __-.:.- ~ Scott Tebias, A.A.I./T PLAS RIDGE AGENCY, INC. . ... . . . . , ROOTS CULTURAL FESTIVAl, INC. / P. O. BOX 2654 / DELRA Y BEACH, FL 33447 (407) 276-5697 . . June 4, 1990 1{1.;~ _ ... ! ~ .. ~~.. V JUN Ii '"' , 1 5 J9~ His Honor The Mayor Thomas Lynch Cnr . '0 City of Delray Beach /'(fANAGErf'~ .) OFF;",. 100 N.W. 1st Avenue -L Delray Beach, FL 33444 Dear Mayor Lynch: The time for the Roots Cultural Festival is here again. We expect our 13th Annual Festival to be as successful as always. On behalf of the Festival Committee, I would like to thank the City of Delray Beach for its past participation and resolutions supporting our efforts to bring positive cultural activities to the Delray Beach area. We are again asking that a resolution be granted by the City Commissioners sanctioning the efforts of this organization through the support of the various municipal departments. We will be utilizing the same plans for security as we used last year. Having worked closely with the Police, Parks and Recreation and other departments, we are certain that we will be able to give positive influences to the City. The community enthusiastically looks forward to this event each year. Through our statewide contact and national promotions, we have caused the name of Delray Beach to become synonymous with summer cultural experiences. Attached, please find a copy of our tentative schedule. security plan and a support request, list. We are looking forward to seeing you and others of the Commission at our festivities. which are planned for July 22, 1990 through August 12. 1990 at the Pompey Park Recreational Complex. Sincerely , ~~ Suzette M. Franklin Chairperson cc: Vice Mayor Mary McCarty Commissioner William Andrews Commissioner Jay Alperin Commissioner David Randolph G)14 City Manager David Harden I .m I . .";.-...;.:.;.:.:.;.".; .:-:.;.:.:. :.:-;.:.;.:.......... .............'......-.-.... .. -. ,.-...-.... '-' .,.-.-...,.... ............. -,'.. ...... .... .........................:..:...:.::.C.:A.::.:.:::L.:.:..:.ENDAROF......:.:.~tit~:...... .. . JULY 22 - AUGUST 12, 1990 JULY 22 SUNDAY DEDICATION SERVICE & 1 PM - 9 PM GOSPEL FEST JULY 25 WEDNESDAY FILM FESTIVAl.. & BLACK HISTORY POMPEY PARK TBA JULY 27 FRIDAY PROFESSIONAL WRESTING POMPEY PARK GYM EXHIBmON 8 PM - 10 PM JULY 28 SATURDAY , TENNIS TOURNAMENT DElRAY TENNIS CENTER 8AM-5PM JULY 29 SUNDAY GOLF TOURNAMENT DELAAY GOLF COURSE 7 AM SHOT GUN START TENNIS TOURNAMENT DELAAY TENNIS CENTER 8AM-5PM AUGUST 1 WEDNESDAY SPELUNG BEE PREUMINARY POMPEY PARK 7PM AUGUST 3 FRIDAY BASKETBALL TOURNAMENT POMPEY PARK 1 PM AUGUST 4 SATURDAY BASKETBALL TOURNAMENT POMPEY PARK 8AM BOWLING TOURNAMENT BOYNTON LANES TBA \UGUST 5 SUNDAY BASKETBALL TOURNAMENT POMPEY PARK 8AM ORATORICAL CONTEST ST. PAUL BAPTIST CHURCH 7PM AUGUST 6 MONDAY MATH CONTEST POMPEY PARK 6PM SPELUNG BEEI POMPEY PARK ESSAY CONTEST 7 PM AUGUST 1 TUESDAY YOUTH ON PARADE POMPEY PARK 7PM AUGUST 10 FRIDAY ROOTS PARADE ATLANTIC AVE. 7PM JAZZ & POeTRY POMPEY PARK AFTER CORONATION AUGUST 11 SATlJROAY FlAG RAISING POMPEY PARK 8AM PRAYER BREAKFAST POMPEY PARK 8:30 AM MARKETPlACE POMPEY PARK GYM 10:00 AM ALL DAY FIELD EVENTS POMPEY PARK 10 AM - 11 PM AUGUST 12 SUNDAY GOSPEL EVENTS POMPEY PARK 2PM-1PM .iL . I ~ rt20P28 0 ~ t1 o c: )If H Cf) .... ~"O~ ,., P2 H= 3m i:d - ~ ~ [[01 Cf)~Htzj · Cf) ~ ...:J~OCf) CJ ~ 0 OCf)~~ ~ ~ rt2 Cf) ~ ~ Cf) Cl rt2 - Cf) H )0 ~P2 0 · ~ \D Cf) ttI Z tI1 Oi)~O Oi)HCf) <H >~ Q . ~ ~ ~ +-----...- - --+ z Of / /?S~ ?~i:~G }&r/ / < N.W. 11TH AVE g ~ [7 to en~ ~)If P2P2 Hen ~ ~ ~ o )0 ~ Z t"1 ~ ~ ~ \ I \ Z \ . , ~ 1 "t1 . ~ I 8 ~ + ~ I Cl 1t"1 0 . ~ I ~ I ~ z l::d : I : ~ E : gGj'; ~ I en z I P2 ~ J 0 G~!" ~ P2 I = Q ,., I · a ~ : ~ +__ _ _ _~ttI___-e--_____i i , H en H 0 ~ 0 t"1 ~ ~ Cf) GATE _. ~1 1 r N.W. 10TH AVENUE 1 ( . , ROOTS CULTURAL FESTIVAl, INC. cI cI P. O. BOX 2654 DELRA Y BEACH, FL 33447 (407) 276-5697 , SUPPORT REQUEST LIST 1. The City's donation of $1,000 towards the operating expenses of the festival. 2. The City to pay for one-half the cost of security for the Festival. 3. The City to waiver the fee for the rental of the stage from 7 pm Friday August 10 through 7 pm Sunday, August 12. 4. The City to allow the merchants along Atlantic Avenue to display the -ROOTS- flag. 5. The City to allow a permit for a tent to be placed at the Delray Municipal Tennis Courts the weekend of July 28 through July 29 for the Tennis Tournament. The tent will be rented by the Festival and will be a temporary structure which would be used for shade during the tournament. 6. Full utilization of the Pompey Park facilities and staff for the entire Festival - (July 22, 1990 through August 12, 1990). 7. The City to waiver the Green's Fee for the Delray Municipal Golf Course for Sunday, July 29, 1990 provided the City has possession of the course. !' AGREEMENT FOR CONSULTANT SERVICES " ," THIS AGREEMENT, made and entered into this _ day of , 19-, by and between the CITY OF DELRA Y BEACH, Florida, hereinafter referred to as "CITY", and CH2M HILL Southeast, Inc., a corporation chartered and existing under the laws of the State of Florida, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, the CITY proposes to do certain UTILITIES WORK within the operational jurisdiction of the CITY; WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional seIVlces pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued subsequent to execution of this AGREEMENT; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows; dbpOl9\030.51 ( 1) ~r , . , 1. DEFINITIONS A ~ILITIES WORK shall include the water distribution system, raw water supply sources, water treatment plant softening conversion, industrial pretreatment regulations, wastewater collection system, related appurtenances and other general utilities projects. The projects may include all phases of planned development, namely consultations, study, preliminary design, final engineering design, contract documents, permits, bidding, award and construction (including onsite representative services) subject to CITY's specific needs. Hereinafter any use or reference to UTILITIES WORK shall be construed to mean the definition as provided above. B. SERVICE AUTHORIZATIONS is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the City Code of Ordinances with provisions for expendi~ ture level of approval authorizations. A sample form of the SERVICE AUTHORIZATION is attached as Extubit "A" to this AGREEMENT. II. GENERAL SCOPE OF THIS AGREEMENT A The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. dbpO 19\030,51 (2) . No employer/employee relationships shall be deemed to be established and tlte CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services; It shall be the responsibility of the CONSUL T A1~T to work with the CITY and apprise it of solutions to utility facility problems and the approach or technique to be used towards accomplishment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS to be agreed upon subsequent to execution of this AGREEMENT. D. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. E. Approval by the CITY of drawings, designs, specifications. reports and incidental professional services or materials furnished hereunder shall not dbp019\030,51 (3) . I in an~ way relieve the CONSULTANT of responsibility for the technical . adeq,.uacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. F. The CONSULTANT shall be and remain liable in accordance with applicable law for all damages to the CITY caused by the CONSULTANT'S negligent performance of any of the services furnished under this AGREEMENT. If either party incurs any expense in enforc- ing the terms of this AGREEMENT, whether suit be brought or not, the non-prevailing party agrees to pay such costs, and expenses including but not limited to court costs, interest, and reasonable attorney fees. G. The CONSULTANT will at all times indemnify, save and hold harmless the CITY from all liability, and claims, demands, damages and costs of every kind and nature, including attorney's fees at trial or appellate levels, and all court costs arising out of injury to or death of persons (including the CONSULTANT'S employees and agents,) interest and damage to any and all property, including loss of use thereof, to the proportionate extent resulting from or in any manner arising out of or in connection with any negligent acts, error or omissions, failure to comply with applicable governmental laws or regulations, intentional torts, criminal acts or other wrong doing connected with activities of work by or services provided under this AGREEMENT, by CONSUL T ~"l"T, its dbpOl9\030.51 (4) - II agents, subcontractors, servants, or employees. The CONSULTANT shal~' upon request from the CITY, defend and satisfy any and all suits arising from any negligent acts, failures, error or omissions, intentional torts, criminal acts or other wrong doing in connection with its perform- ance under this AGREEMENT. The monetary limitation on the extent of the CONSULTANT'S liability for each project shall be in an amount equal to the amount of the insurance the CONSULTANT shall provide to the CITY for professional liability insurance. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statues 768.28. H. The CONSULTANT designates John F. Curtiss, P.E., as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY. III. DATA AND SERVICES TO BE PROVIDED BY THE CITY Thf! CITY shall provide the following: A Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and under co?trol of the CITY. dbpOl9\030.51 (5) , I B. Other data and services to be agreed upon in subsequent SERVICE AllTHORIZA TrONS. c. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The City Manager shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The City Manager shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority includes but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materials, equipment, elements, amt systems pertinent to the servIces covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. IV. PERIOD OF SERVICE A. The CONSULTANT will begin work promptly after receipt of a fully executed copy of each SERVICE AUTHORIZATION. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION; provided that, if the CONSULTANT'S services are unreasonably delayed by the CITY, the time of performance and compensation shall be renegotiated. dbpOl9\OJO.51 (6) ~ , V. AGREEMENT PERIOD The perioq: of service shall be three years from the date of execution of this AGREEMENT subject to annual performance reviews or until such time as all outstanding SERVICE AUTHORIZATIONS issued prior to expiration of the three year period have been completed. This AGREEMENT may be renewed for an additional three year period when agreed in writing by both parties and approved by the City Commission. VI. GENERAL CONSIDERATIONS A All original sketches, reproducible mylar dra~ngs, computations, C.AD. disks in a format compatible with CITY'S Computer system, details, design calculations, and other documents and plans that result from the CONSULTANT'S services under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, upon receipt of payment to the CONSULTANT from the CITY for services rendered in connection with the preparation of said sketches, drawings, etc. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. The CITY acknowledges that the materials cited in Paragraph V.A above which are provided by the CONSULTANT are not intended for use in connection with any project or purpose other than the project and dbpOl9\030.51 (7) I I . purpo~ for which such materials are prepared. Any use by the CITY of such materials in connection with a project or purpose other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULT Ai'IT shall have no responsibility or liability therefore. C. The projects, work and services to be performed by the CONSULTANT shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with. an itemization of manhours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY'S authorized representative and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with each authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. D. Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as is otherwise specified hereinafter), the following insurance coverages: dbpOl9\030.S1 (8) - I l 1. Workers's Compensation Insurance to apply to all of the . . CONSUL T A1~TS employees in compliance with the "Worker's . Compensation Law" of the State of Florida and all applicable Federal Laws. 2. Comprehensive public liability including contractual liability and arising out of the use of owned and nonowned automobiles in the amount of not less than $1,000,000 combined single limit for bodily injury and property damage for anyone accident or loss. 3. Employers' Liability with minimum'limits of one millon dollars ($1,000,000) each accident. 4. Comprehensive General Liability with minimum limits of three million dollars ($3,000,000) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06 (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations - CONSULTANT'S shall maintain in force until at least three years after dbpOl9\030.S1 (9) . I I completion of all servIces required under this ":. . AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Explosion, Collapse and Underground Coverage e. Broad Form Property Damage f. Broad Form Contractual Coverage applicable to this specific Agreement. g. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Uability. 5. Business Automobile Liability with minimum limits of three million dollars ($3,000,000) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non-Owned Vehicles c. Employers' Non-Ownership 6. Professional Liability Insurance with minimum limits of two million dollars ($2,000,000) per occurrence applicable to CITY projects. Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance dbpOl9\OJO,Sl (10) .. ~ . until at least three (3) years after completion of all services . . required under this AGREEMENT. . 7. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs 01, 02, 03, 04, 05, and 06. All policies covered within subparagraphs 01, 02, 03, 04, and 05 shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs 02, 03, 04 and 05. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifically to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance coverage required by Paragraph 6 above for review. 8. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or dbpOl9\030,Sl (11) \ I : Restriction; the policies must be endorsed to provide the CITY . with thirty (30) days notice of cancellation and/or restriction. 9. The CONSULT A1'IT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the CITY shall not contribute with the CONSULTANT'S insurance. E. It is understood and agreed that if the CONSULTANT'S services include participation in any litigation, such services will be performed under a supplemental agreement negotiated between the CITY and the CONSULTANT describing the services desired and provided, however, that this section shall not apply to litigation arising from any services performed by the CONSULTANT under this AGREEMENT. F. The CITY represents that is a political subdivision of the State of Florida with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHORIZATIONS. G. The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, In respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or dbpOl 9\030.5 1 (12) . transfer their interest in this AGREEMENT without the written consent of the other. , H. DurIng all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all informa- tion developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY. 1. The CITY reserves the right to award projects to other engineering firms pursuant to the Florida Statutes Consultants Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other engineers in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. dbpOl9\030.51 (13) . . J. Subcontractors: In the event the CONSULTANT, during the course of - the: work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. K. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: City Manager City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 CH2M Hll.L Southeast, Inc. 800 Fairway Drive Suite 350 Deerfield Beach, Florida 33441 dbpOl9\030.51 (14) - .. L. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements, written or oral. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any particular at any time after the execution hereof, except by approval of the City Commission. M. Truth-In-Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non- current wage rates and other factual unit costs. VII. COMPENSATION A The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or time charges based upon hourly rates, plus reimbursable expenses and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 - LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and dbpOl9\030.S1 (15) . outlined prior to its authorization. The CITY and : - CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the manhours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of contracting. 2. METHOD II - TIMES CHARGES Computation of Time Charges. When a service is to be compensated for on a time charge basis, the CONSULTANT will submit a budget cost to the CITY for prior approval based on time charges with established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. It is anticipated that the total cost to the CITY for the performance of time charge services including, but not limited to time charges, professional associates, and other direct costs will not exceed the budget cost and the CONSULTANT agrees to use its good faith effort to perform said work within said budget costs. dbpOl9\030.S1 (16) t If, as the actual work progresses the CONSULTANT has reason . to believe that the cost for the task will be greater than estimated, .... the CONSULTANT shall notify the CITY in writing to that effect, giving the revised budget cost for said work and, upon acceptance by the CITY in writing, the revised estimate shall become the budget cost which the CONSULTANT will use. CONSULTANT is precluded from submitting increases in the estimated cost thirty (30) days prior to th~ agreed upon completion date of the task, except in cases of SERVICE AUTHORIZATIONS of less than 60 days' duration. In such cases, increases may be submitted up to one half of the time from the CONSULTANTS receipt of the SERVICE AUTHORIZATION to the proposed completion date unless approved in writing. The CITY shall not be obligated to reimburse the CONSULTANT for cost incurred in excess of the budget cost set forth above. a. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by 3.0. The schedule of hourly rates as set forth in Exhibit B is attached hereto and made a part hereof. The rates listed in Exhibit B may be adjusted annually upon agreement of the parties. dbpOl9\030.51 (17) . I b. In addition, the CITY shall pay for reimbursable expenses . - invoiced at the actual cost of expenditures incurred by the - CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1) Expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTH~RIZA TION, cC?mmunication expense such as telephone, facsimi.ie transmissions, telegraph, cable and express charges, and fees paid for securing approval of authorities having jurisdiction over the project. (2) Expense of reproductions, postage and handling of Drawings and Specifications including duplicate setS of the completion of each SER VICE AUTHORIZATION for the CITY'S review and approval. (3) Expenses of testing, laboratory services, and field equipment. (4) Expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Expense of computer time. dbpUl9\030.S1 (18) ____.n_.___." . (6) Expense of Auto Travel at the established CITY . rate per mile for travel outside Palm Beach County. . - - B. Subcontractual services shall be invoiced at the actual fees paid by the CONSULTANT, plus an additional ten percent (10%) of the cost of these services to compensate CONSULTANT for non-performance risk, for the procuring and management of the sub-consultant, and for the other financing and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the , subcontractual work. . C. Total Compensation for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION without written approval. D. If the CITY determines that any price for services, however calculated, provided by the CONSULTANT, including profit, negotiated In connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. dbp019\030.51 (19) , I VIII. PAYMENT - . The CITY ~grees that it will use its best effort to pay the CONSULTANT within forty-five (45) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, or other periodic invoices required in the SERVICE AUTHORIZATION, including a report of work completed during the respective invoice period. Invoices shall be in a format consistent with those shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of the work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. RECORDS Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient times. x. PERSONNEL The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required m performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under State and local law to perform such services. The dbpOl9\030.S1 (20) .--- - * project manager shall be approved by the CITY under each SER VICE AUTHOR.lZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. No person who is serving sentence in a penal or correctional institution shall be employed on work under this AGREEMENT. A good faith effort will be made to utilize Vietnam Era Veterans, women, and other minorities as may be required by Federal and State agencies. XI. PROHmITION AGAINST CONTINGENT FEES The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. XII. TERMINATION This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CONSULTANT and the CITY shall also have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to either one or the other. In the event the project described in any SERVICE AUTHORIZATION, or the services of the dbpOl9\030.51 (21) . I CONSULTANT called for under any SERVICE AUTHORIZATION, is or are . . suspende~ canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide the CITY with access to any documents (specifically those referenced in paragraph VI.A). Further, prior to the CONSULTANT'S destruction of any of the above- . referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an agreement to provide services for the City in order to provide for a smooth transition period. XIII. INTEREST OF THE CONSULTANT The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that In the performance of this AGREEMENT, no person having such interest shall be employed. dbp019\030.51 (22) . XN. COMPLIANCE WITH LAWS A The.: CONSULTANT shall comply with the applicable requirements of State laws and all Codes and Ordinances of the City OF DELRA Y BEACH as amended from time to time. B. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in , each SERVICE AUTHORIZATIONS. C. This is a continuing contract and shall be governed by the requirements of Florida Statues Section 287.055 (2) (g) (as amended in 1988), whereby the Consultant shall provide professional services to the City for projects in which construction costs do not exceed Five Hundred Thousand Dollars ($500,000.), or for study activity when the fee for such professional service does not exceed Twenty-Five Thousand Dollars ($25,000.), or for work of a specified nature as outlined in this contract. IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its dbpOl9\030.51 (23) , I City Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. - APPROVED BY THE CITY CONSULTANT OF DELRA Y BEACH CH2M HllL SOUTHEAST, INe. _ day of , 19 - CITY OF DELRA Y BEACH, a municipal corporation of AITEST: the State of Florida . , 0#" }_ '.l. :... t ...( .. J By: STATE OF FLORIDA Mayor COUNTY OF PALM BEACH AITEST: BEFORE ME, the foregoing instrument, this ~ of ." ~ : ...... I 19~' was , ~ By: acknowledged by Gregory T. City Oerk Mcintyre, Vice President and Regional Manager, a duly authorized officer of CH2M HllL SOUTHEAST, INC., on APPROVED AS TO FORM: behalf of the Corporation and said person executed the same freely and By: voluntarily for the purpose therein City Attorney expressed. WITNESS my hand and seal in the County and State aforesaid tmY-L day of " 19Ci/ Jo.~,_;\.__._ , -:....::: ) v . , t-: (, . .\~L I.,.... .'-< L I , , ~ L<:'<'_ Notary Public Notc)lY Public. ~IJta ci ~icrid, State of Florida M~ Commission ~xp;res June 21, 1991 .aonJed Thtw Troy F3,n . In~l,jr"n'o 'n'. My Commission Expires: (Seal) dbp019\030.51 (24) ---~._-' ,. EXHIBIT ~ SERVICE AUTHORIZATION FOR CONSULTING ENGINEERING SERVICES PER AGREEMENT CITY OF OELRAY 2EACH AND CH2M HILL ENGINEERS Date: Haster Contract Uate: - - DESCRIPTION OF PROJECT: NECESSlTY FOR PROJECT: DEPARTMENT REQUESTING PROJECT: BUDGET COSTS MAN-HOURS REIMBURSABLE SUB- OTHERS TOTAL COST EXPENSES CONTRACTS LUMP SUM $ OR TIME & COST $ START DATE COMPLETE DA'I'E ACTUAL COMPLETION DATE CITY PURCHASE ORDER NUMBER !)I.V:Z CH2M HILL PROJECT NUMBER DATE; I I APPROVALS I \ CITY MANAGER - DATE CO~SULTANT REPRESENTATIVE - DATE I I I VROnO! NOUS I I - , Exhibit B - Hourly Hourly Raw Raw Salary Salary Rate Rates Times 3.00 Employee Category Multiplier Professionals--Engineers. Architects. Planners, Economists, Scientists. Hydrologists, Hydrogeologists. Geologists 1. Project Professional I (Junior Engineer) $18.75 S 56.25 2. Project Professional II (Engineer) 21.55 64,65 3. Senior Project Professional (Senior Engineer) 25.00 75.00 4. Project Manager/Senior Project Professional 28.10 84.30 5. Senior Project ManagerITechnical Consultant 32.60 97,80 6. Program, Department, or Division ManagerITechnical Consultant 33.30 99,90 7. Senior Manager/Senior Consultant 33.30 99.90 8. Vice President/Senior Consultant 33.30 99.90 Technicians--Drafters, Graphic Artists, Computer. Surveyors, Cartographers. Construction Inspectors O. Technical Aide 11.20 33.60 1. Junior Technician 12.75 38.25 2. Technician (Drafter) 14.55 43.65 3. Certified Technician (Designer) 17.35 52.05 4. Senior Technician 18.95 56.85 5. Lead Technician/Supervisor 22.90 68.70 Office Support 11.50 34.50 dbpO 19/031.51 ..--... I . Exhibit C SAMPLE INVOICE--COST-REIMBURSABLE FOIMAT . Engineers Southeast Florida Office Planners Hillsboro Executive Center North EGonOmists 800 Fairway Drive, Suite 350 Sden tis ts Deerfield Beach, Florida 33441 305/426-4008 407/737-6665 City of Delray Beach Date XX/XX/XX 200 N.W. 1st Avenue Project No. SEFxnxx.XX Delray Beach, Florida 33444 Client Ref. No. XXXXXX Invoice No. XX-XXX Attention: Mr. William H. Greenwood, P.E. Director of Public Utilities , INVOICE I ~ of Delr~ach ro ect No. Purchase Order No. XXXXX Task Order No. XXXXX Description of services under Task Order XXXXX. Period ending XX/XX/XX. LABOR Class EmEloyee Name Rate Hours Amount EN04 J . P . oe S xx.xx x.x S XXX. XX ES05 T.R. Smith xx. XX x.x XX.XX CM03 M.P. Jones XX.XX X.X XXX. XX Subtotal Labor $ X,XXX.XX EXPENSES Computer $ XX. XX Word Processing XX.XX Auto Rental XX. XX Postage/Freight XX.XX Air Trausportation XX.XX Print/Reprographics XX.XX Supplies xx. XX Subtotal Expenses XXX. XX TOTAL AMOUNT DUE THIS INVOICE $ X,XXX.XX D6\~9,.tl~~II>~~NVOICE. FINANCE CHARGES WILL BE ASSES~I1'A~ 'h PERCENT PER MONTH (OR MAXIMUM PERMISSIBLE UNDER STA:E LAW) ON ALL ACCOUNTS OVERDUE UNLESS STATED OTHERWISE IN OUR CONTRACT O'2M HILL IS INCORPORATED .. I City of Delray Beach pa,e 2 XX XX/XX SEFXXXXX.XX XX-XXX . . . COST SUMMARY Contract Amount $XX,XXX.XX Amount Earned This Period $ X,XXX,XX Amount Previously Earned X,XXX.XX Amount Remaining $XX,XXX.XX dbpOll\052.51 C-2 -.--- ",----~-_."" t . Exhibit C (Continued) SAMPLE INVOICE--LUMP SUM FORMAT . Engineers Southeast Florida Office Planners Hillsboro Executive Center North Eeonomlsts 800 Fairway Drive, Suite 350 SCientists Deerfield Beach, Florida 33441 305/426-4008 407/737-6665 City of Delray Beach Date XX/XX/XX 200 N.W. 1st Avenue Project No. SEFXXXXX.XX Delray Beach, Florida 33444 Ciient Ref No. XXXXXX Invoice No. XX-XXX Attention: Mr. William H. Greenwood, P.E. Director of Public Utilities I INVOICE I ~ of Delr~ach ro ect No. Purchase Order No. XXXXX Task Order No. XXXXX Description of services under Task Order XXXXX. Period ending XX/XX/XX. Total Fee $XX,XXX.XX X.X% Complete $ X,XXX.XX Less Previous Billings (X.XX) Total Earned This Period $ X,XXX.XX TOTAL AMOUNT DUE THIS INVOICE $ X,XXX.XX DUE AND PAYABLE ON RECEIPT OF INVOICE. FINANCE CHARGES WILL BE ASSESSED AT 1'~ PERCENT PER MONTH (OR MAXIMUM PERMISSIBLE UNDER STATE LAW) ON ALL ACCOUNTS OVERDUE UNLESS STATED OTHERWISE IN OUR CONTRACT. CH2M HILL IS INCORPORA ,EO I . I . . -----,.~_.._..- _j~Z}~.:t~~;~.';,:;-'::'" .-;::';"I!~'(:<~;'~-;::~'>~;,:;~:-:' - .:,,~,,!'t"{;':;'~~&~~?:~~~5:fv~*~:~~~ji';;:~~'~~;l~;~~~,;~~~~;~~~:y~~ , ' CH2M HILL SER VICE AlJTHORIZA TION 1 . - DATE: June 20. 1990 - PAGE 1 OF 6 - - SERVICE AUTHORIZATION TO mE AGREE~~l TO FURNISH PROFESSIONAL SERVICES DATED BETWEEN THE CITY OF DELRA Y BEACH, FLORIDA At'\D CH2yl HILL SOUTHEAST, INe. TITLE: WATER TREATME~T PL\NTCO~VERSION TO LIME SOFTENING. CONCEPTUAL DESIGN STUDY CATEGORY OF WORK: GENERAL: This SERVICE AUTHORIZATION shall modify the professional services agreement referenced above and shall become part of that AGREEMENT as if written there in full. This SERVICE AUTHORIZATION represents the first phase of the conversion of the CITY'S existing water treatment plant from a conventional clarification process to a softening process and eventual incorporation of advanced treatment process( es) as required to provide for compliance with proposed and future drinking water regulations. The scope of this SERVICE AUTHORIZATION includes review and evaluation of CITY reports pertaining to water supply and treatment, and pilot studies conducted by surrounding counties and municipalities that are pertinent to the objectives of the SERVICE AUTHORIZATION; development and evaluation of candidate treatment processes capable of meeting treatment objectives, including development of cost comparisons; recommendations for and conduct of bench-scale testing to optimize color removal by the lime-softening process; and evaluation of advanced treatment processes with regard to their potential incorporation into the treatment plant design to help meet proposed and future drinking water regulations. The more detailed scope of services to be provided is described hereinafter. dbp019/032.51 ~ 1'" " . ,,~. .. ;;;.,":;.~. tt.l ~ .- '-.:'f!,";-;:""-' ~.;; - ~~ "~'t-"'" - _1"-'. .,...,.~ ~...".~ ,. < - Ji. -*::i' . <. --',":!~.""."-" """~"'"'-'-'" .-..... ". -w.-" ....,'r--.'S~~~-...''''~..;: . .:0('"", " . .. "'" '. -'....,..,... ~".,~' ,", r<, '-":"" ....ii:;. .:~._ .:.~,"':-. .....:...- -~.. , CH2M HILL - SERVICE AUTHORIZATION 1 DATE: June 20, 1990 . PAGE 2 OF 6 - - Subsequent phases will include ccsign ()t the softemng facilities, including design, permitting and bidding assistance; sef\fJces during construction; and possible limited- scope pilot testing of advanced treatment processes. I. SERVICES TO BE PROVIDED BY THE CONSULTANT A. DESCRIPTION OF WORK TASKS CONSULTANT will proVide specific services to the CITY in accordance with the following Task descriptions. 1. Task 1 -- ReVlew and Summarize Data and Reports It is anticipated that lime-softening will be the treatment process of choice. As such, CONSCL T ANT will review, evaluate and summarize findings from existing CITY water treatment plant operating data and reports generated in conjunction with studies performed for the CITY regarding water supply and treatment, including Master Plans and Master Plan Updates. Where available, CONSULTANT will also review, evaluate and summarize findings from eXJsting pilot study reports produced for adjacent municipalities where such reports document the use of ozone as a treatment process for color removal and control of disinfection by-products when used in conjunction with lime-softening. Reports to be considered for review shall incl ude those for the Cities of Boynton Beach, Fort Lauderdale, and Boca Raton, the Counties of Broward and Palm Beach. Review of reports will provide the CONSULTANT with ozone-costing information for use in the conduct of Task 2 2. Task 2 -- Select and Analyze Treatment Alternatives CONSULTANT will select, based on the results of Task 1, three candidate process alternatives most capable of meeting the near-term treatment objectives of hardness and color reduction, and long-term treatment goals of compliance with proposed and anticipated drinking water regulations promulgated under the Amendments to the 1986 Safe Drinking Water Act. CONSULTANT will compare the selected dbp019/032.51 ,-.".......- - ,,'IF _""-j!it"~.--~~,.,~"-""",."",,^.,-_,.'rf"">'~';::--:_'<'; ',:,:" - ',0,',' "- ""--- '.-, "__"_",..,;,.,.,,,,,,.-~';:;;li.,r."" "-"-:'-~_"'/'__~'r --'.",""': ,. ';'''''''''''~;-''_l ~- , u_"'~ ...~-v..' .----,-<-" -.'.,,- ,,<^<'--'-"L.,. ~)~ -,~'- ';:.i"'-""":~?($:'"~:,::-;" '"-~":.;......, ~".ilo>.;;.,", ,"'<'.~tttt",.,~_.- ",' '~~~"'~"'.~J~~h ~,~,,~-":;''';{:<''l;;'' :J-,;,......~rf~J....."..i.!.h;. '" ~_ " ':." '.~, ~-~;C~L~):.'-;t~:s'~,~;.:,.,~~~~~{;'i::i/~i:f.?~~\-;:<-'.,.: :';; :..~. '.. ~';.~..:- ' '. :.' ,', ...~c:~...,)...- ._':.'~' .'t., , ....:: '\J.,(I "-,'''':''._$'~-':''>~''~'''-~~1>~''';''~~:'' ," '".~-. '~~-",'" 7. .~~ ~.",''':-r~f'''',''':','.:~ " .'_ . CH2M HILL SERVICE AlJTHORIZATION 1 # DATE: June 20, 1990 PAGE 3 OF 6 - - alternatives relative to their ability to meet each treatment objective/goal and cost of implementation (capital and operational and maintenance). 3. Task 3 -- Perform Bench-Scale Testing and Prepare Report To determine the effectiveness of lime-softening for reducing color and trihalomethane precursor levels. CONSULTANT will develop alternatives for optimum removal of these constituents by the lime-softening process. Consultant will also develop a test plan for bench-scale evaluation of process alternatives. and perform bench-scale testing to determine optimum process configuration(s). Testing will consist of the addition of different types of coagulant aids (ferric chloride, sodium aluminate, polymers) and the determination of coagulant aid dosages. The results of bench-scale testing will be provided in a separate technical memorandum appended to the Summary Report prepared under Task 4. 4. Task 4 u Prepare Summary Report CONSULT At'l'T will prepare a draft report documenting the activities performed under this SERVICE AUTHORIZATION. This report will be comprised of information generated under each of the first four tasks, and will include a summary of the review and evaluation of all data and reports, results of alternative process comparison and advanced treatment process evaluation. The results of bench-scale testing will be provided in a separate technical memorandum appended to the main body of the report. Two copies of the draft report will be provided to the CITY. Following CITY review of the draft report, a meeting will be held between the CITY and CONSULTANT to discuss the CITY'S comments and their incorporation into the final report. B. ASSUMPTIONS The work described herein is based upon the assumptions listed below. Should conditions differ from those assumed in a manner that will affect schedule or scope of work, the CONSULTANT will advise the CITY in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to the CONSULT A..'l'T will be as negotiated with the CITY. dbpO 19/032.51 .HI -- -'~~.~.-....Ao- _._~- .... .... .~ -.- - fI6.. .0,.,...;., .-, !- . CH2M HILL SERVICE AUTHORIZATION 1 . DATE: June 20, 1990 .- PAGE 4 OF 6 - - 1. CITY will provide all reports listed under Task 1 (except those generated by CH2M HILL), and any others identified by the CITY that may have relevance to this SERVICE AUTHORIZATION. CONSULTANT shall select no more than two CITY reports, and no more than four outside agency reports, for review, evaluation and summarization. 2. CITY will provide CONSULTANT use of laboratory facilities at water treatment plant for conduct of bench-scale testing. CITY will assist CONSULTANT in collection of grab samples of raw and process water for use in bench-scale testing. 3. CITY will return to CONSULTANT, within 10 working days after receipt from CONSULTANT, one copy of draft summary report containing all comments to be considered for incorporation into the final report. II. COMPENSATION TO THE CONSULTANT Compensation for professional consulting engineering services as described herein is estimated as follows: Total Task 1 - Review and Summarize Data and Reports $10,080 Task 2 - Select and Analyze Alternatives 19,080 Task 3 - Perform Bench-Scale Test and Prepare Report 20,590 Task 5 - Prepare Summary Report 8,400 TOTAL $58,150 Compensation for services shall be in accordance with Article VII.A2 of the AGREEMENT. dbp019/032.51 _~~~~t:~~~~~~~}~::~;~~~~,~~,;~~~-~:~r~~~~~~~;,~r~~~':' ~ >~. "0'.. :,..:,',,, ~:;~~~*;... _.,..r~II", ~ ,. ""o,.;:#t....,. ~ .' , . ~~-,..:,.J:):.'7._,~:"';.r-.",,.-_.r-Y" ,-'- '_'_"" ~". -", CH2M HILL SERVICE AUTHORIZATION 1 :. DATE: June 20, 1990 PAGE 5 OF 6 - - ITI. PROJECT SCHEDLLE The CONSULTANT agrees to perform the services required herein within the following time periods unless other.v1se extended in writing by the CITY. Time as stated to herein refers to calendar days from the date of execution of this SERVICE AUTHORIZATION. Task 1 - Review & Summarize Data & Reports 30 days Task 2 - Select & Analyze Alternatives 45 days Task 3 - Perform Bench-Scale Test & Prepa.re Report 60 days Task 4 - Prepare Draft Summary Report 90 days - Receive CITY'S Comments 105 days - Prepare Final Summary Report 120 days *************************************************************************** APPROVED BY THE CITY CONSULTANT OF DELRA Y BEACH CH2M HILL SOUTHEAST, INC. _ day of ,19_ CITY OF DELRA Y BEACH, a municipal corporation of ATTEST: 7 the State of Florida / '\ ,'?- v .' ,. I \ .'1~t'l ~ '- I, t ':'" ( ,--_ t ~_ , ,-/~ oJ ./,_ll.. By: Mayor dbpO 19/032.51 1'1' ,~;",,,d_.',,, ..-,....,... ""'C"'~'-~~'-"'~<<'~~;'-Ji.';~ d t .~-~._. . J ~,....~~~~\~,- ~_.;. ~'~~"~~"_1.";"""'f+/.....,,,,,~-~, ......,<olIt!;','_'.'!" .'. . ,.' "cc.~,.,~ ,,;:. ,~,_", ,,'>~;:; ',_ .- - -,.' ":r-~~._;~~T'~.:.ioC'__~_4._~_ '~~"~'~~",,~:~':< L:,;" .)..;' .'~~. .. ~'~_'i.:-'_"_~~ ,7~~. ____ CH2M HILL : SERVICE Al.THORIZATION 1 DATE: June 20, 1990 PAGE 6 OF 6 - - STATE OF :~ORIDA COLNTY CF PALM BEACH ATIEST: BEFORE ME. the foregoing instnunent, t tlis .:.:...- of __~~_--' 19~ was By: -- acknowlf:dge d by Gregory T. City Clerk McIntyre, Vi ce President and Regional Manager, a mly authorized officer of CH2\f HILL SOUTHEAST, INC., on APPROVED AS TO FOKM: behalf of the: Corporation and said person exeC'lted the same freely and By: - voluntarily f Jr the purpose therein City Attorney expressed. WITNESS ny hand and seal in the County and State aforesaid this :",' day of _..__ 't( 1 .~- , 19~. Notary Pub Ie / ~ ~!' ~(..~c'~4-4 /""/,-"<....L- State of FIe rida / '''''''",,,1...- '-'" .' . . . Notary Pubf S' My COllUIUsslon ExprreSQv Commi' '~ .ate of Roricla Ulon,' J' iondod Thr. T/o~ :rres une 29. J991 .,,. .11U (Seal) .ro.e. '.., dbp019/032.51 .. . .1__'..' . ---- . .. -..-..-----.- '. ;'i;j~:;;';~'f:~;::;'::"'.' ."..,:;...,,~.~,,~~~~... ;~..-tt~.:i",''''';<:'.''''<';~;:;~~~l~;f'f..~.~~.r.:~~~i:;;:~~~~.~:::;~*..~~~ . " of/' ;~ .al!.la~aaa~.aJ i ~i 1111~!~.~a! ! ~ t~a-= ~ ;; tt ! _"..; _ ~:a... · a .. ..... ... w .. i~ aa!a~.~a~aaalaaa ~ Ii lilla!!.~a! II- ! '4 ..; ..; ~ _' ~ :a w .~ a w w .. ; ..... ..... ~; QO.!~'.~...l..' 5 ill ..-s ~ . !I II! ""8~ II I: ... I:;-w .., ~ .. ....-: :i ~ .... jUI !,.!- ~ " = ~I III I!!! !~! ea I ... "- i r-: lO'l cia ... ! .. a - - iUI :!~~i ~ ~ ~ i !!!a. ~ ~!! ai ... - !. ",' C"t w ..; ~ .... aa .. .. .. .. I ~ ! ! i I l'-~o., ~ · ! i I ti -!II fi- III !! !I! .1. I n I :l .... .. - .. .... i Ill. i~ .. >o~ II U~ ~ ;".I~.:t~I~~51Q"~ II 6, S as iaiaU!~_aii iill I I I I sdlllPI !un ~ i.: I · Ii II! I ! ! ~ lUlU Uuh I II j I I ....."'...4"9...-.,.,...""...-. ......~~..~~~;'i'~'C~~.i_~~.~.~..~ t' /' :wIJ ~U;\~";'.,., <.-<' ,~.' _ .,~~~,_;:': ,)' ~~,,{~~~,~,~.. ..:~ - i~~-'.'. ,:,'_.~'...." ~~~,,'" ,~.--.. -4 ,,-,.'-'- _'c,'. ," -~- .~ .. . . .. . . .. .. ---. - .-..---- . , " ...........--.- --,-- I , _ ~ ,( ~,,":7L 1 CH2M HILL SERVICE AUTHORIZATION 2 . DATE: June 20. 1990 . . PAGE 1 OF 5 SERVICE AUTHORIZATION UNDER THE AGREEMENT TO FURNISH PROFESSIONAL SERVICES DATED BETWEEN THE CITY OF DELRA Y BEACH, FLORIDA. A..1\JD CH2M HILL SOUTHEAST, INe. TITLE: WATER TREATMENT PLANT CONVERSION TO LIME SOFTENING- REMEDIAL HURRICANE PROTECTION IMPROVEMENTS CATEGORY OF WORK: GENERAL: This SERVICE AUTHORIZATION shall modify the professional services agreement referenced above and shall become part of that AGREEMENT as if written there in full. This SERVICE AUTHORIZATION represents the second phase of conversion to lime softening for the CITY's existing water treatment plant to include remedial hurricane protection improvements. The scope of this SERVICE AUTHORIZATION is limited to: preparation of specifications and contract documents and assistance with bidding for installation of roll-up doors and shutters designed for wind loading in accordance with the South Florida Building Code for the main plant and operations buildings, chemical building, and old and new south pump stations; structural analysis and design for replacement of a wood frame and fiberglass wall with concrete block in the main building; securing the ammonia tank. Subsequent phases could include services during construction for the second phase and evaluation of the wind loading integrity of miscellaneous features throughout the facility. I. SERVICES TO BE PROVIDED BY THE CONSULTANT A. DESCRIPTION OF WORK TASKS CONSULTANT will provide specific services to the CITY in accordance with the following Task descriptions. <\~ dbp019/033.51 I . \ . CH2M HILL . SERVICE AUTHORIZATION 2 DATE: June 20, 1990 - PAGE 2 OF 5 - - 1. Task I--Prepare specifications - roll up doors and shutters CONSULTANT will prepare a performance specification for the installation of roll-up doors and shutters for wind loading designed in accordance with the South Florida Building Code for the main and auxiliary building, chemical building, old and new south pump stations. CITY will utilize standard procurement procedures for the formal advertising and receipt of bids. CONSULTANT will prepare an opinion of construction cost based on the completed specification. 2. Task 2--Prepare drawings, specifications, and contract documents - walls and ammonia tank CONSULTANT will perform structural analysis, prepare drawings, specifications, and contract documents, including proposal forms, notice to bidders, general and special conditions, bond forms, etc., for bidding. and construction of this type of project. The scope of work for final design shall consist of drawings for replacement of a wood frame wall in the lunch room with concrete block on the north side of the main plant building, replacement of fiberglass panels (if necessary to withstand wind load) with concrete block in the high-service pump room, and securing the ammonia tank. CONSULTANT will furnish 2S copies of final drawings and specifications for the formal advertising and receipt of bids by the City, and prepare an opinion of construction cost based on the completed construction drawings and specifications. In providing opinions of cost and schedules for the project, the CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may dbp019/033.51 . CH2M HILL SER VICE AUTHORIZATION 2 - DATE: June 20, 1990 ... PAGE 3 OF 5 - materially affect the ultimate project cost or schedule. Therefore, the CONSULTANT makes no warranty that the OWNER'S actual project costs or schedules will not vary from the CONSULTANT'S opinions, analyses, projections, or estimates. 3. Task 3--Assistance During Bidding CONSULTANT will provide document mailing and pre-bid services, such as preparation of advertisements, distribution of planholder lists, issuing of addenda, answering technical questions during the bidding period, attending the bid openmg, evaluating bids, and making a recommendation for award for Tasks 1 and 2. B. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule or scope of work, CONSULTANT will advise the CITY in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to the CONSULTANT will be as negotiated with the CITY. 1. CITY will provide to CONSULT ANT record drawings of all existing facilities which shall serve as the basis for all modifications included in this project. 2. CONSULTANT shall not perform during this phase of the project structural analysis of the existing buildings and appurtenances other than those elements of the building included in the scope of this SERVICE AUTHORIZATION. Evaluation of the ventilation system is not included herein, but could be part of a subsequent phase along with additional structural analysis of other elements of the plant structures. 3. CONSULTANT will provide assistance during permitting and services during construction, if authorized, as an amendment to this SERVICE AUTHORIZATION. dbp019/033.51 , . . CH2M Hll..L . SERVICE AUTHORIZATION 2 . DATE: June 20, 1990 PAGE 4 OF 5 - 4. CITY will return to CONSULTANT, within 10 working days after receipt from CONSULTANT, one copy of draft contract documents containing all comments to be considered for incorporation into the final documents. ll. COMPENSATION TO THE CONSULTANT Compensation for professional consulting engineering services as descnbed herein is estimated as follows: . Total Task I--Specifications - roll up doors and shutters $ 4,000 Task 2--Drawings, Specifications, and Contract Documents - walls and ammonia tank 22,000 Task 3--Assistance During Bidding 3,500 TOTAL $29,500 Compensation for services shall be in accordance with Article VIlA.I of the AGREEMENT. m. PROJECf St.:wwULE CONSULTANT agrees to perform the services required herein within the following time periods unless otherwise extended in writing by the CITY. Time as stated to herein refers to calendar days from the date of execution of this SERVICE AUTHORIZATION. Task I--Specifications - roll up doors and shutters 30 days Task 2--Drawings, Specifications, and Contract Documents walls and ammonia tank 60 days Task 3--Assistance During Bidding 90 days dbp019/033.51 I CH2M HILL SER VICE AUTHORIZATION 2 . DATE: June 20, 1990 '. PAGE 5 OF 5 APPROVED BY THE CITY CONSULTANT OF DELRA Y BEACH CH2M HILL SO _day of ,19_ CITY OF DELRA Y BEACH. a municipal corporation of A TrEST: the State of Florida . .,~ l ". l. L. ,. _ <,. ,~ ( ~ ./ By: STATE OF FLORIDA Mayor COUNTY OF PALM BEACH ATTEST: BEFORE ME, the foregoing instru- ment, this ..', of ~: , . . , 19 ~ was acknowledged by Gregory T. By: McIntyre, Vice President and City Clerk Regional Manager, a duly authorized officer of CH2M HILL SOUTHEAST, INC., on behalf of the Corporation and APPROVED AS TO FORM: said person executed the same freely and voluntarily for the purpose By: therein expressed. City Attorney WITNESS my hand and seal in the COUDt>\and State aforesaid ~ day of ffl J '-'- , 19 J(~ J . ) ......... /' A / Notary PublIc' :...' / " './ ,. {,,~ (. ~ r<-; State of Florida -- -'5- ~ l-l L<.-L, '- - -- / My Commission Expires: ~:~:u:'1 Fu~:;c. St..tc of r'-r'da (Seal) },\y C:J.ilr.;wi:~n Lil:1€S J~r..; '~9. 1991 dvn....J T~(14 fr<;., ';'.:'1. :,l....;.;-:;-jn.;. dbpOl91033.51 . . 1 . CH2M HILL PROJECT COST ESTIMATE I CLIENT CITY OF DELRAY BEACH . PROJECT NAME . WTP REMEDIAL HURRICANE PROTECTION PROJECT NUMBER DATE OF ESTIMATE . 6/19/90 LABOR MULTIPLIER 3.00 DIRECT MULTIPLIER 1.00 ASSOCIATE MULTIPLIER 1.00 LABOR COST DETAIL I SPEC I FICA TIONS. ASSISTANCE HOURLY -ASK 1 AND CONTRACT DURING TOTAL DIRECT MULTI CA TEGORY (NAME) RATE SPECIFiCA TIONS DOCUMENTS BIDDING HOURS LABOR LABOR 3 VPSENIORCONSULTANT $3330 0 $0 $0 , SENIOR MGR/SENIOR CONSULTANT $33.30 0 $0 SO :3 PROGRAM, OEPT OR DIV MGRlTECH CONSUL T $33.30 3 12 3 18 $599 $1 .798 5 SENIOR PROJECT MGR/TECH CONSULT $32.60 2 24 4 30 $978 S2.934 4 PROJECT MGR/SR PROJECT PROFESSIONAL $28.10 12 24 4 40 $1.124 $3.372 J SR. PROJECT PROFESSIONAL $25.00 20 112 20 152 $3,800 $11.400 2 PROJECT PROFESSIONAL II $21.55 0 $0 $0 , PROJECT PROFESSIONAL I $18.75 0 $0 $0 5 LEAD TECHNICIAN/SUPERVISOR II $22.90 0 $0 $0 4 SENIOR TECHNICIAN $18.95 0 $0 $0 3 CERTIFIED TECHNICIAN $17.35 0 $0 $0 2 TECHNICIAN $1455 84 84 $1.222 $3.667 1 JUNIOR TECHNICIAN $12.75 0 $0 $0 J TECHNICAL AIDE $11.20 0 $0 $0 OFFICE SUPPORT $11.50 10 40 10 60 $690 $2.070 47 296 41 384 $3.352 $19.016 $2.873 $8,414 $25.241 DIRECT COST DETAIL ACTUAL MUI.,T1 ITEM DESCRIPTION TASK 1 TASK 2 TASK 3 DIRECT DIRECT COMPUTER $150 $800 $200 $1,150 $1,150 PRINTING, REPROGRAPHICS, AND GRAPHICS $100 $400 $100 $600 $600 WORD PROCESSING $140 $200 $100 $440 $440 AUTO RENTALS $200 $200 $200 AIR FARE $750 $750 $750 AUTO MilEAGE $50 $100 $50 $200 $200 MEALS/LODGING $220 $220 $220 OTHER TRANSPORTA TION $0 $0 TELEPHONE 550 5150 550 5250 $250 POSTAGE/FREIGHT $130 $120 $75 $325 $325 I SUPPLIES $40 $40 $40 $120 $120 I $660 '$2.980 5615 54.255 $4,255 ! TOTAL LABOR AND DIRECT SERVICES $4.012 $21,996 $3.488 $12.669 529.496l - . [ITY DF DELRAY BEA[H 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000 MEMORANDUM TO: David T. Harden, City Manager FROM: et6 Robert A. Barcinski, Asst. City Manager, Community Services SUBJECT: Agenda Item June 26, 1990 - Amendment Management Agreement Old School Square June 22, 1990 . DATE: COMMISSION ACTION Commission is requested to approve amendments to the Management Agreement with Old School Square as requested by the Board. BACKGROUND In March, 1990, City Commission approved a Management Agreement with Old School Square. The Board never adopted the Agreement and has requested amendments to paragraph 2(a) Board of Directors - Ratification and paragraph 9 Program Execution. The Assistant City Attorney, Susan Ruby, and I have reviewed the request. Staff recommendations on the requested changes are as follows: Para. 2(a) ",NQhl!n.al1ec;t" to "Elected" Paragraph 9: Can remain as is now written. When the Board approves a list of uses, this will then be brought to the Commission for ratification, per existing Paragraph 9. The Chairman of the Board and Mr. Simon agree with this staff r~commentation. RECOMMENDATION Recommend approval of changes to paragraph 2(a). RAB:kwg '1L THE EFFORT ALWAYS M ATTFRS .,.... ".~- ,'r" EC E l v;:~ ".,l: Alexander A. Simon, Jr. , t., L- L_" 777 East Atlantic Avenue \ tl'AY 2 5 90 Suite 320 Delray Beach. Florida 33483 COMM. SVCS. GROUP 407-278-1989 May 23, 1990 Mr. Robert Barcinski City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Ref: Old School Square Management Agreement Letter Dear Bob: Before the OSS Board meeting, your office was kind enough to send to us three copies of the Letter to be executed by Old School Square. . You will recall our conversation where we discussed two issues that need to be resolved. These were brought up at the OSS Board meeting, and I herein convey to you the result of those discussions: 1. Page 2, paragraph 2 ( a) . By unanimous vote, the Board wishes to change this sub-section to provide that the City Commission on an annual basis will ratify the elec- tees, rather than the nominees. The change, then, would require the word "nominated" at the end of the second line to be changed to "elected, " and in the last line, the word "nominees" would be changed to "electees. " 2. Page 5, paragraph 9. You and I discussed the clarifi- cation of this paragraph. I conveyed your understand- ing to the Board, and they agreed. Therefore, as a point of clarification, we would ask that you have the legal department rewrite this section to reflect that the actual lease provides certain "projected program uses" in that lease, and that as long as the OSS Board follows that specific language of the lease, the City Commission will not h,ave to "ratify" those uses and programs, but would be called on and would have the right to ratify any changes in "projected program uses. " With those two modifications, the OSS Board is prepared to have the Management Agreement executed. I'd appreciate your giving me a call so we can finalize this agreement. Our next Board meeting is June 20th. You should be receiving a notifica- tion of that meeting. At that time, we should complete this issue. If you can have those particular pages retyped and sent to me, I will incorporate them in the three copies that you sent me and present them to the Board for ratification. As always, your cooperation and counsel are very much appre- ciated. erely, e~~t A. Simon, Jr. , AAS : j ap cc: Frances Bourque Michael Listick, Esq. Randee Golder, Esq. Executive Committee , . Alexander A. Simon, Jr. 777 East Atlantic Avenue Suite 320 Delray Beach. Florida 33483 407-278-1989 :ft' . .""'--.."" :/), c:CEIVEO' June 18, 1990 I 1"'1 , " 0 90 :r "1.1 ~ i , Mr. Robert Barcinski ,._''.:M. SVCS. GROUP Assistant City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Bob: I am in receipt of the memo from Susan Ruby to you, dated > June 4, 1990, regarding the Management Agreement Letter between Old School Square and the City. It would seem to me that Susan's suggestions are satisfac- tory to the Old School Square Board. Can you obtain approval from the City Commission on both pursuant to the memorandum? It would seem to me that Paragraphs 2(a) and Paragraph 9 would then be modified accordingly. Please give me a call in the event we need to discuss it. Otherwise, I would like to know when it will appear on the agenda for the City Commission so that we can have a representative there. AAS:jap cc: Frances Bourque Presiden t, OSS [ITY DF DElRAY BEA[H CITY ""TORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 DELRAY BEACH, FLORIDA 33483 HI 407/243-7090 TELECOPIER 407/278-4755 C:~. /RECEIVED MEMORANDUM . I JUN 0 7 90 Da te : June 4, 1990 ~COMM. SVCS. GROUP To: Robert A. Barcinski, Assistant City Manager From: Susan A. Ruby, Assistant City Attorney Subject: Old School Square Management Agreement - Requested Modifications by Old School Square Board . I have reviewed the Lease Agreement and Management Agreement with Old School Square regarding the two issues raised by Sandy Simon in his letter to you dated May 23, 1990. The first issue concerns a requested modification to Paragraph 2 (a) of the Management Agreement wherein the language would read that, "Old School Square, Inc. shall submit to the City Commission on an annual basis, the names of those elected for membership on the Board of Directors, for the purpose of ratification of the electees by the 'City Commission". The old language required the nominees to be submitted to and ratified by the City Commission. This language can be easily changed; it is a policy decision for the City Commission. The second matter concerns projected uses. The Lease calls for the operation of the property as a center for the arts and sciences and. other cultural, governmental, and educational activities. It goes to say that the property shall be used as a center for the arts and sciences and for other cultural, governmental (for assembly purposes only), and educational purposes, and all incidental u~es in connection therewith that are not inconsistent with the special warranty deed. The Lease Agreement provides that Old School Square may not sub-lease the property without prior written approval of the City in writing. However, special events or special property uses contemplated in the management agreement or budget or brief uses of the property by the public need not be approved by the City. My review of the lease does not indicate there are any specifically named "program uses". Therefore, it would be my suggestion that Paragraph 9, Program Execution, be modified to include specific projected program Robert A. Barcinski, Assistant City Manager June 4, 1990 Page 2 uses which do not require City Commission approval or ratification. Any other program uses will be subject to City Commission except special event type uses which do not involve -subleasing of the property. Please do not hesitate to contact me if you would further like to discuss the issues raised in Mr. Simon's letter and specifically if you have further ideas on how you would like to agraph 9 of the Management Agreement. Attachments . , . ...,. :. ... .' . . NANAGEMEN'!' AGrtEEr-tENT O!.D SCHOOL., SQUARE I i maje and ente:-ed" into at De::'ray THIS AGREEMENT, Beach, Florida, on the day of , 19~O., by ar..d beb....een the City of Delray Beach., Florida, a Flor.ida rnunic ipal corporation, hereinafter referre~ to as. the "City" and Old School Sq'.lare, Inc. , a Florida corporation, not ,- for. profit, hereinafter referred to as "Old School Square, Inc.". , - WHEREAS , th\::.City has fee simple ownership of the old. Delray. Beach Elementary School site, which is to be. restored and converted into a cultural center to provide. educational, .' , ---' - cultural, scientific anj- certain ~overnmental'activities; and, WHEREAS, Old School Square, Inc., was.organized. under ~ ..-' , ,', . laWS- of the the State of Florida, as a not-'for,..profit corporation for the purpose of leasing, restoring', deve'loping and operating the cultural center; and, WHEREAS, the City has adopted a resolution dated September 13~ 1988 which among other things states that Old School SquaJ:e, Inc. shall project. administrator for . serve as the purposes of facility management andprograrnm-ing; and, 'ff"BEREAS, the City and Old School. Square.; Inc. entered into. a lease dated July 31, 1989; and, \~EREAS, the City and Old School. Square, Inc~ desire to" confirm and, clarify' the organizational, opeJ:ationa1. and oversight procedures as to Old School. SquaJ:e, Inc. ' s I I I I I . . .: .F;,;-:. ";J.. ").-,,. . ': .~~. .... ~., , .! ;W~\ :.' responsibility for operation of. the' facili.ty~."including..;. but not limited' to the establishment of budge-tsj' the~.submi:ssion~'of state and federal grants., the solicitati.on' :of,. private.' grants and donations, the determination. and. establishment of programs by Old School Square, Inc. and' the.mainten'ance"'of'" the" interior improvement s by Old School Square;, Inc..;. and to cla:t:if.y. the procedures regarding maintenance of the exterior. s'ite by the .- City, pursuant' to the"lease. - NOW;, THEREFORE, IN CONSIl)ERATION.~ OF. THE. MUTUAL > COVENANTS, STIPULATIONS. AND AGREEMENTS. HEREIN CONTAINED., THE PARTIES AGREE AS FOLLOWS: 1- The above WHEREAS clauses. are. true. and correct - ---. ~.-. - and are.incorporated herein by reference. 2. Board of Directors. - Old S~~901'Square, Inc. --- shall be governed' by the. voting members of the:' Board, of Directors. The Board of Directors shall be selected and perform . all duties and responsibilities' pursuant to the Articles of Incorporation and By-Iaws- of. Old School Square, Inc., as. they., now.. exist or as they may be. amended:. front' time.. to time '. . (a) Old . Sohoo.l SquaEei Inc., . shall' subm.i.t to.. the Ci ty Commission on an, annual. .basis: the.. names.. of. those;. nominated for. membership .on. the"Boal!d.. of. Di:rectors;. for" the,'''purpose'' of ratification. of. the 'nominees~.by the.City.Comm:iss'ion. (b) All .meetings.. of the. Board..of Di.reetors,'.shall. be duly advertised: and' 'open" to' the.. public in.accordance:.with the I I 2 '1 i . : I St~_te. of. Florida Open .Me.~tings.. Lar..r_ A record. of. all. meeting.s shall be' kept and,.: forwa.rded: to. the' City. of Delray Beach, on a regular basis. The City. representati.ve. shall be. no~if ied in writing. one week 'prior to all meetings. 3. Subcommittees'. The Board of Directors of Old School Square, Inc. shall be empowered to' establish such committees as deemed necessary per the Articles of IncO'rpO'ra- .- tion and By-laws of Old school Square, Inc., as they now exist or as they may be. amended' frO'm time. to time. , 4. Director. Old SchoO'l Square, Inc. shall have an - Executive Director ( hereinaf.ter called "Director"). The Director shall manage. and administer the O'peration O'f t.he - _____ n___ - facilities. All activities. of the Director shall be subject to the review., pO'licies; prO'cedures' and, apprO'val. of th~_ Board of . /- -......:. Directors of Old School Square, Inc. , (hereinafter referred to as "Board of Directors'.'). 5. Personnel. and Seryices. Old School Square, Inc. through:' its' Board of Dixec:tors shall. have sole. discretiO'n. over the. employment: of full. and. part-time staff, including'. the employment of, theJ. Executive" ~iJ:ector and.: all ancillary staff'. Old School Square, Inc. shall be responsible, for- providing.. all personnel required to' carry out.its.activi.ties, except as . may be... voluntarily provi;ded.: by.. the.- City. Old S.ohO'ol Square., Inc. will prov.ide:. the.' City. with. adequate' notice. of. need for City assi.stance. to'- carry . out . their respO'nsibiliti.es:. The., City shall have.. the... right; upon-' reasonabTe.. prior. written' notice, to' 3 . I i I ", ", ,.. ;',:,;!;i\1~~lri)~1~~t~+T., I . , f ; .' ':' :...... .:' schedule meetings or events as,:. space< is;availal:ile~' at.no':'.rental charge to the City.' The City will assume'" set:... up' 'and~' clea.n. up I responsibilities. for said events or. meetings. 6. CityRepresentative~ The City shall designate a representative of the City who shall. be given not.ice'of all meetings of the Board of Directors and who shall be encouraged to attend all meetings as a non""~Joting member. Old School Sq'J.are, Inc. shall be given written' noti.ce' of the 'name: of, the City Representative. . 7. Contact Person. Old School Square ., Inc. shall - , designate the Director and a board member to serve as a liaison , between Old School Square, Inc. and the. City. The. city shall designate an Assistant City Manager, or other' such designee of t the Ci ty I'1anager as the Ci..ty's' contact person. The' City , ~ . Manager shall notify Old. School Square, Inc. , in writing, of such appointment. 8. Management. The Boar.d of Directors:; either itself or through various committees:;. sbal~ be responsible. for: (a) Financial affairs which shall include? .but not be linli ted to, propos.ed " budgets, expenses:;: membership income, donations, grants, and. subsidies . and. . City financial support. (b) Property . Management:. . which.,' sba-l.l.. include., but not be limited to, ma:~ters.' relating:' to upkeepi repai~s., capital. improvemen.ts., securi ty, . interior: maint:enance:, . alter a~ tions, restoration" and: renovatioIt:.or' any" other such. changes" to / I 4 . . the buildings.. Property. Management matters:. cons'tituting. maj or repairs, capital improvements', restorations> and" renovations must have prior approval of the. City. r,..) Programming. matters ,. including. . exhihi,ts. as \ - well as coordinating. and. scheduling' the' use"'of.' the.. facilities by other artistic and. cultural organizations, conununi ty. or ci v'ic groups and governmental bodies, etc. Old, School. Square, Inc. shall present to the City' a list of'projeeted'pr.ogram~uses of the -facilities each. year along with. a copy of: Old School , Square,_Inc.'sbudget for. each fiscal. year. ( d) Fund. raising from both' public and private sources. (e) Submission of applications. of grants. -- (f) Management, maintenance',' . and~ operation' of the property to the extent required under. the. lease- with the city. ( g) Employment of all per.sonnel. 9. . Program: Execution.. , The. projeeted. program. uses approved. by the Board." of, Di:r:ector-s, and. rati.f.ied.~ by the.. City shall be executed"by. the': Dir~e.tor. or' by.. the.~"Sta:ff' of- the.' Old School Square; Inc. under. the... super:vision of. the.'. Directo:t:. 10. Proj ect: Administration.! . ( a) By resolution. of the.. City ,.Connnissionof the City of. Delray Beach,. Florida, dated. , September 13, 1989" Old School. Square" Inc. is ..named as. project administrator. for.. the historic."restoration of', the Old.Delray Beach;'E~ementary. Schoo1. I 5 .. . I '.. '.:~\~ I;~ .i,+,:;H.z'< " · .' · . ,:- ,!::. < ;,:..' i~< _~'~)~'';~~'':;~':~:' ,'/:'.'~ , site into, the:. O~d. School. Square,., Cul tura~ .'. Arts. .Center . As sucll., Old School ,Square';, Inc'. shal~ have.,the.following'authority: (1) Act as owner between. all consul.tants,. architects, engineers, anfr contractors for the project; (2) Develop' and manage. all fund-raising campaigns ..fox:: the. capital campai.gn and. annual. sustaining funds.; (3) Develop and. manage. all grant proposals (City, County', State, Corporate- and Foundations) with annual reporting to the City for: the. capital campaign and annual ' sustain~ng. funds; ( 4) Develop all design documents in conjunction with the architects of record; - --_. --' (5) Develop, site landscaping. design with. the' landscape', -architect of- record-; ".' --- --.-- (6) Have contractual authority to use outside independent consultants for design development (i.e. theatre consultants); (b) Old. School. Square, Inc. shall abide by' all applicable. Florida" State and: Municipal. laws" ordinances,; rules and regulations. . 11. Grounds -. and. . Bui~ding. Operations. Old School Square., Inc. shal~ perform, .its. portion. of grounds. and, building operations' to. the extent. set for.th in the lease. Pursuant to the" lease, Old. School. Square,. Inc. shall be responsible for heating." and, air..,.c.onditioning" equipment (climate. control), installation.. and... maintenance'! of. exterior:.' lighting., and: all I 6 . . other aspects of property management and~. ma.intenance.. except that the- City shall be responsible' for the.' exterior walls, parking lot, exterior landscapi.ng and: i.rrigation. It. is explicitly agreed that among other things.., that the duty of. Old School Square, Inc. shall. include furnishing: all necessa:ry janitorial and cleaning services, pest control se.t'Vice ., care and maintenance of' the structures loca ted. on the prope'rty, any .- interior renovation- or redecoration not involving. major and. tha.t Old School Square, , structu~al changes, Inc. shall pay all ch~rges.for telephonei water, sewer, gas, electricity and any and all other such utilities as may be, used in connection with the property, including. utili.ties , for the .necessary .._. --- -- operation of exterior lighting. In addition, the Old. School square,~c~L pursuant to...the' .Lea~e', shall pay any ad valorem taxes imposed upon. the, property and improvements located thereon during the term or the lease. Old Schoo'l Square, Inc. shall pay any taxes for personal property improvements owned', by Old School. Sq-Ilare', Inc. The City's' sole maintenance responsibility shall be< for the maintenance. and. upkeep. of. the exterior of the' bui.ldings', including the.. roof', the. grounds,. of the cultural center, and irrigation sys~em'. Old.. School Squ,are'j Inc. shal.l be. responsible,. for.. all, interior. maintenance, inclUding' janitorial. servi.ce,' and- annua1..term:i.te: protection' of the.buildings.. 12. BUdget. The.. Director, in consultation with. the Board of. Directors and' in any established financial commi.ttee; I I 7 'I . ~ ,. ',: " . ' 0 r . , '-, ~ '.-: ,9::.'",.,' /. . ~. I.'~ r.",' ...1 ..; ,..j ~....,/ "_':.?l ,. \r; .. ., . -' ~ . "..: . .;~.~ ';': i.~..;.:.. _ ''\ , . . ':. , ;';-~. ~;\~,,':'~'~~:;:..;.-~. ' ' /~ :~~~. , . shall be:, resp.onsib.le..'for;..recomrnending. a. pJ::oposed.budget .to the, Board. of. Directors" which, will., set. forth;. in a : detailed' form', all anticipated. income-an~.expenses. ( a) Prior to finaL approval, and. adoption of the budget' by. the' Board of Directors, the.. proposed' budget shall be submitted to the City for their review. and recommendations. The Director shall, be responsible, for the administrat'ion of the .- budget subject to oversight by the appropriate committees. - (b) A" copy of the approved annual. budget (both' > capital~and operating'.), shall. be submitted to the City by May 1st of each year. The, budget: shall delineate sources of revenues. and expense.. i terns and shall show prior year actual - ----'--' - expenses and revenues as.of April 1st of each year. - (c) Old schoo'l. Square, Inc. shall prov.:i.4e to ...~' --- the.. City, an Annual Financial, Report aud'ited by a certified public accountant with an opinion. based.. upon. the, audit. This aud~ted report shall be furnished, each- year. within, one: hundr.ed and. twenty (120) days. .of tbe. close. of Old School Square fisoal year. (d) . Old School Square, Inc. shall make all ~ reques.ts for funding. of; money from the.. City', or f.or. a contribu- tion. of services' or. mab..erial.s, from. the. City within the', City's budget. deadlines.)- except for unfores.een and unanti.cipated matters. (e) There. shall. be.. no. commitment. as. to City funds "; or assistance.. unt.i.l. the annual budget of the" City has / I 8 - . been approved. by the City Commission of the City of Delray Beaeh.. (f) Old. School Square, Inc. shall have prime responsibility for obt'aining.funds for the. budget. from: members, fund" raising events, private grants, private donations and local and state and federal government sources. The' City agrees to cooperate and. reasonably .assist Old. School Square, Inc'. in obtaining. funds in the form of grants and subsidies. by reas.ona:bly prompt execution of documents required to obtain , grants.and subsidies. ( g) Old. School Square, Inc. shall provide the City quarterly acco~ting of the revenues and. disbursements of any and.. all funds including grant funds, received or disbursed by Old School Square, Inc'. " ._n __ (h) In addition to the certif.ied audit require- ments above, Old. School Square, I nc . , shall provide to the, City of De.lray Beach, an annual compliance audit of any and all grant funds ~eceived express~y for the. cultural center. ( i) Old. Schoo'l . Square shall. make. available to the.. City' copies.', of . al.l Grant .related documentation, to. include., but:. not be. limi.ted-- to.:.. applications, approvals,- agreemen.ts; audits and. related correspondence.. 13. Financial Provisions. (a) Fiseal yea.r. Old.. School Square ~; Inc. , shall establish a fiscal. year which. coincides.witb."its.." b~laws and, aJ:ticles. of. incorporation. 9 . , ~ :",", .' ",;.' . ;'i "l,':\~~~r; (b.) Old School S<rJ.are , Inc. sha~I.'~.not. " h~Je . power to spend 'any. funds' derived' from. the:"saleof;'. bonds.',by,the Ci ty unless speoifically authorized. by the,. City,.Commission..of the City Delray Beach. Old Schoo'l.. Square., Inc. shall. be permitted to ask. the. City to effectuate.. the.~ . issuance:! of bonds or to bOJ:row money, by submitting.. to the.. Ci ty Commission., a resolution of the Board of Directors,. The. City conunission shall be under no obligation to approve' such requests. Howeverr if the. Ci.ty approves expendi.ture. of' bond funds . or any > other funds, then. Old School. Square, Inc. shall submit copies - of invoices and bills' to the. City for reimbursement. Old , School Square shall make other do.cumentation to include cancelled checks and bank reconciliations available. upon request. -.-.. -- ( c) General Financial. Provision. (1) Old School., Square, Inc.. sha~l.have.the authority to establish- . necessary banking. accounts' in. its. own name and to make. cash, disbw:::sements.. (2) That 01d". School. Square.; Inc.. shall make an annual. report and. an audited' accounting::' to. the... City " Conunissioners of the. City of. Dell:ay: Beach, for'..al~ . re;eei.pts.. and. disbursements of. City funds, all... bond proceeds,.. grants, subsidies and private donations: of.. any kind- or sert.whatsoever;. Such reports and accounting shal.l..' be... furnished no. . later . than one hundred. twenty days. (120) . days. subsequent to..the: close. of Old. School Square, Inc~' s. fiscal:. year.. I I 10 I ... - ( d) The City. shall, at. all times, have the I i right to . audit all reeords.' of, Old SchoO'~ Squal:e., Inc. Old School Squar.e will comply with the. same records retention regulations as prescribed' by the, State of Flor,ida. 14. Admissions and.Charges~ Subject to the. approval of the City Hanager and, ratification of the City Commission as to admissions policies, the. Board. of Directors. shall be empowered to establish' and, collect. admission- prices and charges.. > 15. Term of Agreement... The term of this Agreement - shall be until such, time. as the lease shall terminate. Jiowever, this Nanagement Agreement shall be reviewed annually by the parties hereto. 16. Modification... No amendment.. or modification to --- ~"h this Agreement shall be effective' unless',. in writing and signed by each of the parties hereto. 17. Conflicts. Pursuant to. Pa1:agraph 18 of the Lease., this l1anagemen.t Agreement is hereby' incorporated within the Lease. Agreement- and. to. the. extent that there may. be . any express' conflicts with the- ..t~rms. and conditions:' of the' Lease Agreement., the terms, and-' conditions of- the Management Agreement shall.prevail. 18. Liability.. No contract executed:. by. Old Schaol Square, Inc~ for any obligation- incw:red:'.by' Old, Schooi Square., Inc.. ,. shall be. binding. upon the, Ci..ty, unlesS:., specifically approved'- by'" .the' City .. Connn~ss'ion: of. the~: City.. of. De.lray' Beach'. 11 ~ ~ .~~:~, ~" ~::: :~'i~.~:~._':. .;~i_:"_ .: _ ". -. .- .. .':, ;'i::~~~11~~iH~~" '1:',,; - 1 .. : I . '. . ~.f~ I ,. I , ! Whenever City funds. appropriated. to Old. SchooJ., Square, Inc. .for' . the cultural center' are' to be expended, the,. Board of' Directors shal~ comply with the. formal bid requirements.:.of the' City. 19. Encumbr'ances. Old Schoo~ Square, Inc. shall. not be. 'authorized: to mortgage., or otherwise... impair or encumber: the title. to t.he, Old School. Square property as such is describedc in the Lease Agreement. .- 20. Assignment. This agreeme-ntmay not be assigned without-the written consent of the parties hereto. , CITY OF DELRAY BEACH, FLORIDA - By: Doak s. Camp~ll, III Attest: Mayor I - --- -" - City Clerk OLD. SCHOOL. SQUARE, INC. By: Witness Witness . State of County.of I HEREBY, CERTIFY that on this.... date.. before" me.,' an officer.duly authoriz.ed in. the. state' and county.named above.to take.acknowledgments, personally appeared , I known..to. me' to' be the' pars.ons. described in. and:. who executed; the 12 . ~ . ,. . foregoing ins~rument as.. and. , respectively, of , a corporation organized under the lat,.;s of the state of . They acknm"ledged before me that they executed the foregoing instru- ment as such off~cers in the name and on behalf of the ccnporation, and that they also affixed thereto the- official seal of the corporation. -- SWORN TO AND SUBSCRIBED before me this day of - , 1990. , - Notary Public My Commission Expires; -- -'-- --- - -- ----- ~ - 13 I : M E M 0 RAN DUM TO: David T. Ha rden, City Manager THROUGH: John W. Elliott., Jr.., Assistant City Manager/ ManageMent Services FROM: Ted Glas., Purchasing Director ~~ DATE: June 18., 1990 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 26., 1990 - BID AWARD - BID .90-50 ~~QSCeel~G_~_~QBI~_CQ~GBESS_e~E~UE It~~_ft.fQ~@_Cit~_CQ~~i~~1gDL The City COMMission is requested to award contract to low bidder, Siga I nc . , in the al'lount of $71,331.43. Per the Bud~et Direc~ fu~~ing is frol'l:)_~~~L~~~~~_~~J~d%____ ( J.Jj _1_ _JJJ:"''=-_J.B..L.:_ i-"p_~~j~ _If.i. f..___j,J:t L-R.::..:;J;, .~L~_ ____ _ _ __ _ ) . 8!l~kQ~Q~Dg.l. Scope of Work: The work involves the installation of plant I'Iaterials on North Congre~s Avenue between Lake Ida Road and the C-30 Cana 1 . Bids for this project were received on June 7, 1990 frol'l nine (9) area contractors" all in accordance with City purchasing procedures. (Bid .90-50. DOCUMentation on file in the Purchasing Office.) A tabulation of bid~ is attached for your review. The lo~ bid w.. subMitted by Siga Inc. They cUd not subl'lit the signature page until after the bid opening. Since all other per'tinent inforMation was subl'lit'ted properly" this can be waived as a technicality. 8.~Q~t~U~Dd...t1gD1. Staff recoM~ends award to the low bidder., 5iga Inc. ., for the .Moun't of $71,331.43, waiving as a technicality the late subl'littal of the signature page. Funding as outlined above. atti.~!1~~Dt~.! Tabulation of Bids ReCOMMendation frOM COl'll'lunity IMproveMent pc Lula Butler ~m - ~ MEMORANDUM - - To: Ted Glas. Purchasing Administrator Via: Lula Butler, Community Improvement Director~ From: Nancy Davila. Horticulturist/Special Projects Coordinator ~~ Re: RECOMMENDATION FOR AWARD OF BID - NORTH CONGRESS AVENUE LANDSCAPING - BID # 90-50 IRRIGATION - BID # 90-49 I have reviewed the bids submitted for landscaping and irrigation for North Congress Avenue and have found no irregularities relative to the bids submitted by the apparent low bidders. and therefore ,recommend that the bids be awarded to the low bidders as follows: Landsc~ping - Bid # 90-50 be awarded to Siga Inc. in the amount of $71.331. 43 based on their price submitted for providing Queen Palms with 8 feet of grey wood. Irrigation - Bid # 90-49 be awarded to SJS Enterprises. Inc. in the amount of $35.900.00. This beautification project is funded through the 1987 Utility Tax. The original line item amount set up for the North Congress area based on H. Kurt Kettelhut's figures was $105.000 and is in account # 333-4141-572- 61.28. The total cost for both bids is $107.231.43. 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U"'I..:r ..... ,-.. ,... 0 I- X X <<S 0 < 0 m ~ > - I- '0 0 ~ < CO 0 ~ ~O ~ 0 CO m :Ja: >- ~ ~ ~ en..... ~ - ClQ...Ia: a: CO 0 ~ I Ql en..lQ. Q. 0 ~ <0 ~ a: a:: ~ < 0 en w en a: C\l I C\l C\l a: 0 C\l Q. a. a: >-::I: W a. ~~ ~ Cl en en en o < <\CI ~ a:- wen C\l a: a: Z o 0"")1 WO 1-0 W~ W a:a. ZLO >-~ WI I 0 Z:z: <- Z~ ~ a:O Za: wen ~~ ..I~::I:C\l C\l ~ W ~- :J~ ~ Z I-~ ~a.~~ < ~ I-~ ~ W I- > <CO a enx ~X :z:enool ~I-~ ~I ~< ~ 0 a. g a.~~:z: x~~ .~~ .~~ x~~: ~~~ ~5f~~g:-J~ X ~w x~ ~ ~ en -O:J '<<SO~()Z~()<~lU",,)LO 0 QlOLO<<sa: CI1 ~CI1Z~lU Q. X ~ ffi~~O~CI1x~~~~~8~CI1a:7~WI\CIU.7C11~IO~~0~~CI1G 0 ~ - w ~ C\lw~ ..1- ::I:- <, \CIa:: COO: 0....' ......1: LOa:: C\l..l ~ en .... ..:J- M~- M..I~"'"8~C\l<~ I-C\l ~C\l~wC\lenQ.~eo<C\l"">-co~:J CO I- o .a~C\lQ.~~....~. ~~X~~~~C\lu.~"a:~~~C\l~u.~~X~.% Z ..I W W :z: < :z: Z w ........ . I- :z: :J I-~ C\l M . LO LO~ ~ .... CO en 0 ~ 0 0 "") .... ~ ~ I- 0 I '1<.,/!7'-/ o. M E M 0 RAN DUM To: David Harden, City Manager .. Community Improvement Director~ Via: Lula Butler, From: Nancy Davila, Horticulturist/Special Projects Coordinator ~~ Re: NORTH CONGRESS AVENUE - BID tI 90-49 & BID tI 90-50 BIDDERS QUALIFICATIONS IRRIGATION CONTRACTOR - SJS ENTERPRISES, INC. D/B/A TRIPLE A IRRIGATION Triple A Irrigation has done several irrigation installations for the City's Parks and Recreation Department and is currently working on Delray Beach Memorial Gardens, which is the newest phase of the City's cemetery. Triple A has also done irrigation work for the Palm Beach County School Board as a sub-contractor for Lassiter Construction. Recently they have completed work at School J and School V. These two schools represented over $150,000 for irrigation installation. Lassiter has current contracts with Triple A for School L and School AA for similar dollar amounts. Lassiter stated that Triple A has always done a "fine job" and that they are dependable and conscientious about the quality of their irrigation work. Triple A is also working as a sub-contractor for Crossroads Construction for a residential project, Meadowland Cove. This project has been ongoing for the past two years. The Project Manager stated that they have consistently performed their work on schedule and are very responsive should problems arise. I checked with the Palm Beach County Construction Industry and Licensing Board to see if any complaints had been registered against Triple A . No complaints had ever been lodged for them in researching Certificate of Competency # U-11185. LANDSCAPE CONTRACTOR - SIGA INCORPORATED Siga, Incorporated has been in business as a Landscape Contractor in Florida since 1977 . Their five largest contracts completed in the last five years were for Burger King Corporation's World Headquarters representing $718,000, Rock Island Road for William Lyon Company in the amount of $287,000, The Hamptons for Millman Construction Corporation in the amount of $350,000, the Marriott Beach Hotel for Turner Construction Corporation in the amount of $229,000 and the Yamato Road Beautification Project for the City of Boca Raton in the amount of $364,000. Currently they are working on projects representing over one million in landscape costs at Markham Park, Cypress Creek Preserve, Sheridan Vo- Technical School, Tanglewood estates and a sidestreet parking project for the City of Ft. Lauderdale. All personnel contacted regarding the performance of Siga Incorporated had nothing but the highest regard for the quality of their work. I'll 'I I C I T Y COM MIS S ION DOC U MEN TAT ION ~ TO: c::::)RYL LEVERETT, ADMINISTRATIVE ASSISTANT III i ~~ . \JG~ FROM: DAVID J. KOVACS, DI CTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 26, 1990 AUTHORIZATION TO SEEK ADDITIONAL FUNDING FOR DESIGN GUIDELINES PROJECT ITEM BEFORE THE COMMISSION: The action requested of the Commission is that of authorizing the Administration to pursue additional funding for the Design Guidelines project and to designate a source of matching funds. BACKGROUND: Previously a grant of $4,000 together with a City match of $5,500 was approved for the Design Guidelines project. Costs of the project have run considerably more than that amount and the project is being redefined. There is an additional $4,500 in grant funding available to the City; however, it does require an equal cash match. Such matching funds are available in the Planning and Zoning Department's consulting line item (they were originally designated for additional work on the Comprehensive Plan). Pursuit of the additional funds would provide a total project allocation of $18,500 ($8,500 grant funds, $10,000 City funds) for the project. Note that the City would not be required to expend any more than $8,500 of its funding. HISTORIC PRESERVATION BOARD CONSIDERATION: At its meeting of June 21, 1990, the Board reviewed the circumstances regarding this matter and recommended that the additional funding be obtained. RECOMMENDED ACTION: By motion, Authorize the Administration to seek $4,500 in additional funding from the State of Florida for the Delray Beach Design Guidelines Manual project with the cash match to come from Planning and Zoning Department Account 001-2511-515-33-15. q.O . /..., (~ -, , . C I T Y COM MIS S ION DOC U MEN TAT ION \ i TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III ~~~~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 26, 1990 INITIATION OF REZONING TO ACCOMMODATE A SITE FOR FIRE STATION 1f1 ITEM BEFORE THE COMMISSION: The action requested of the Commission is that of initiating a rezoning of land from General Commercial (GC) and R-1-A to Community Facilities (CF) in order to accommodate the relocation of Fire Station !1. Pursuant to Section 173.885 a rezoning can be initiated by the City Commission, the Planning and Zoning Board or the owner of the affected property. BACKGROUND: The City Commission has previously received a recommendation from the Community Redevelopment Agency (CRA) to relocate Fire Station #1 to Block 20, Town of Oelray Beach, on property which generally extends 375' north of Atlantic Avenue and is bounded by N.W. 5th Avenue and N.W. 6th Avenue. In applying the depth dimension to actual lot (property) lines, a configuration of approximately 375' in depth along N.W. 6th Avenue and 425' along N.W. 5th Avenue has been established (by staff) as the appropriate area to consider in a rezoning action. The purpose of proceeding with the rezoning action is to publicly determine that this will or will not, be' the site for relocation of Fire Station #1. Once that determination is firm, other activities such as purchase and specific site design can be pursued in earnest. The initiation of the rezoning does not rezone the property. Rather it sets in motion the public hearing and notification process. Because this is a City initiated rezoning, it is necessary to notify affected property owners by letter postmarked q f City Commission Documentation Initiation of Rezoning to Accommodate a Site for Fire Station #1 Page 2 \ ; at least thirty ( 30) days prior to a public hearing held by the City Commission. Thus, the earliest the rezoning would be before the City Commission is per the following: * June 26, 1990 Initiation of rezoning * July 16, 1990 Public Hearing @ P & Z * July 24, 1990 1st Reading by City Commission * August 14, 1990 Public Hearing and 2nd Reading. If the Commission is desirous of expanding the scope of the rezoning process to include assessment of various functions which are to be located on the property and various site designs and use configurations, it would be appropriate to proceed with a schedule which doesn't bring the matter to the City Commission for public hearing until October 9th. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has reviewed the CRA recommendation and has made findings that it is generally consistent with policies and directives of the Comprehensive Plan and that rezoning to CF in order to proceed with the project should be initiated. RECOMMENDED ACTION: By motion, ~nitation of rezoning from General Commercial (GC) and R-1-A of Lots 4-10 and 15-22 within Block 20, Town of Delray, to the zoning designation of Community Facilities ( CF) and, further, that said zoning shall be processed on an accelerated schedule so that the public hearing before the City Commission occurs on August 14, 1990. By direction of the Mayor, that the City Manger is hereby directed to take appropriate actions to contact and open negotiations with affected property owners and to report the status of such discussions at least concurrent with first reading of the proposed enacting ordinance. Attachment: * Exhibit showing affected parcels DJK/#67/CCFS.TXT .~ . CJ j (1 I L. N.W. 1 ST STREET v - VACANT SFD APT. 11 1 SFD- SINGLE- FAMILY IOU SFO AP~ 12 2 Z V APT. 13 3 W ------ ::> . SFO I I W Z 14 . VI::> W .-----~ 4 12 > . --,- <( 115 SFD 5 V . W - 'I > :r: I. SFD ABANDONED . <( .- 16 6 APT. . :c CO I SFD I .- · 117 7 V I LO ~ I ' 2- I · · I V ~ .,.-, . - ~ J ~ I [jI:. Z 118 I. ~ z Z ~ e I V I - - =:-1 tJ.\'-J It) I~C."'''':' ~ I V I .. . .. -, I'~ II 119 ~ 5 ~B ~. I :' i I t' ~ 10 ]I I I /2 t::=: I 8 ~ ,. H" " u. I I ~ (14 - 7) ; ~ _ I V V V GAS I ~, 110 ,7 _' I ~O <t I 9 STATION 1- -~ 'Jf f: -- 2 . & I ;t >t' 120 21 2 10 HOUSING I .... SITE :>: .-------------. /' -.J .... i- 12 . ~ l;i~ A TLANTIC A VENUE .~ AT~A"TlC ,', - I {) I '. r;-r <,-! I I 1 II~ LJ II --:, ~ b SCALE: 1-:100'-0- I~ , FIRE STATION =I/: 1 ': . [IT' OElRny . ';:r tH t- ' , ,',. _', - ~.~'1 -", -, i:'_ ,~' ~~t _ ..J ~" "," ~]!: .~ ~i ' . FIRE OEJ:!\i~ I MENT M E M 0 RAN DUM TO: DAVID T. HARDEN. CITY MANAGER FROM: KERRY B. KOEN, FIRE CHIEF DATE: JUNE 22, 1990 SUBJECT: FIRE STATION NO. 1 During a discussion of alternatives for Fire Station No. 1, at the last Commission work session, Commissioner Andrews inquired as to the possibility of also using the recently completed design for Fire Station No. 2 for new Fire Station No. lo He indicated that he understood that the stations both house the same type of apparatus and therefore the design might be sufficient for use on the West Atlantic Avenue site. New Fire Station No. 2 was designed as a two story (wjmezzanine storage area). 2 bay fire station to accommodate one engine company and one paramedic rescue unit on a regular basis, with the flexibility to locate additional apparatus at this site during special events or at other times when response patterns are altered by bridges being out of service, etc. The facility contains 8,769 square feet including 1,031 square feet of storage on the mezzanine level. The apparatus room itself contains 2,976 square feet. Living and ancillary spaces are designed for a maximum staffing level of ten personnel, although only four to five personnel will initially be on duty when the facility becomes operational. The staffing level may fluctuate, depending upon what units are assigned on a regular, or temporary basis. F I F\ f- ! '1. ' ';: J r HE l'd),}U,-' RTi: ,oS. , ) 1 ,',:: S,',i ! ,,', i'le A VENUE. DE LRA Y BEACH, F LOR IDA 33444 ..l(J 1 '~ i,~ (j , . ~ !" 2C54660 Subject: Fire Station No. 1 Page 2 4 Fire Station No. 1 currently houses, on a regular basis, one engine company, one paramedic unit, one support unit, one tanker, the duty Battalion Chief and the duty Paramedic Supervisor, representing six operational units. No extra bays are currently available. New Fire Station No. 1 is envisioned to house all of these units in addition to our existing 85 foot snorkel apparatus which will be relocated from Fire Station No. 3, one brush-utility truck, one reserve engine and one reserve paramedic unit, bringing the total to ten units to be located at this facility. Many of these units are unique in design and/or function. Special apparatus and equipment is usually located at a strategically located facility to improve response capabilities for special services and equipment. on a citywide basis. While the new facility has not yet been designed, living and ancillary spaces are projected to accommodate a maximum of twelve on duty personnel, even though only eight to nine personnel are currently assigned. This level of staffing will initially be transferred to the new facility. The projections made by our staff for this new facility, with the assistance of Gee and Jenson, include 7,495 square feet for apparatus, 5,930 square feet for living and ancillary spaces, 4,364 square feet for mechanical, support spaces and other related functions. This represents a total of 17,789 square feet assigned to the fire station element. Administrative space consisting of 9,895 square feet of dedicated space and 1,866 square feet for circulation and other undedicated space would then be added to the fire station element to create the 29,550 total square feet projected in the combined facility. I am sure that you will agree that the two facilities are quite different in function and in space requirements, even if we consider the fire station element apart from the administrative element. Accordingly, it is my opinion that the transposition of the plan for Fire Station No. 2 to another site would require considerable refinement and additional design work just to adequately address the fire station component. \I~ TS(~ Kerry B. Koen Fire Chief KBK/ew . .A ( -, [11Y ~r~ t~ElnRY [j~n[" \ # "~'"" ',;";cr..:. FIRE DEPf\f(nJiENT M E M 0 RAN DUM TO: DAVID T. HARDEN, CITY MANAGER FROM: KERRY B. KOEN, FIRE CHIEF DATE: JUNE 22, 1990 SUBJECT: FIRE STATION NO. 1 LOCATION I am attaching a memorandum dated March 2, 1989 related to the information requested by Mrs. McCarty at last week's work session. Also, as a point of clarification I believe that I earlier responded to an inquiry from Mayor Lynch concerning the most westerly location that we felt should be considered. At that time I may have indicated that the site should not be further west than 6th Avenue, however in reviewing the attached memorandum and other data, it would be more accurate to indicate that sites as far west as 8th Avenue could be considered within the context of average travel time. In addition to this consideration, response patterns and the limited number of connecting road segments to the north and south must also be considered. These issues impact on the ability of this facility to augment responses which are now provided by Fire Station No. 3 and Fire Station No. 4. Again, the issue of response capability to the northern sectors of the city is of concern if the new facility moves too far to the west. In reviewing this issue, I investigated examples of how the relocation of the facility in a westerly direction might affect travel time to various locations north of a line created by N.E./N.W. 18th Streets. This area is represented by sixteen fire demand zones which are included in the model. All of these fire demand zones receive primary service from Fire Station No. 1. The attached table illustrates the impact of moving the fire station westward to a variety of locations on Atlantic Avenue. I 11:; ~ t-it . I i I I I i r /\ i , ,J. H r, '\ c; . i i.. f SI . 'I I. " i it AVENUE. DELRA Y BEACH, FLORIDA 33444 -In; ,) ,lOt J W C' ;:1;' 2G54660 Subject: Fire Station No. 1 Location Page 2 I I would suggest that if any of the City Commissioners would like to review base maps of this area which also illustrate mileage factors related to the fire insurance rating making issue, we would be pleased to do so at their convenience. \!~ 1S ~0--- Kerry B. Koen Fire Chief KBK/ew Attachments . . M E M 0 RAN DUM \ TO: WALTER O. BARRY, CITY MANAGER * FROM: KERRY B. KOEN, FIRE CHIEF DATE: MARCH 2, 1989 SUBJECT: FIRE STATION LOCATION ANALYSIS - HEADQUARTERS FACILITY The City of Delray Beach purchased a computer based fire station location model in July of 1986 to assist the Fire Department in evaluating the efficiency ot current tire station locations. The model permits both present and projected community fire protection and emergency medical service requirements to be systematically evaluated. REASONS FOR ANALYSIS One of the main reasons leading to the implementation of the fire station location model was the imminent need to replace two existing fire stations, both constructed in 1955, and to determine an appropriate site for a future fire station in the southwestern portion of the city. The additional fire station location is needed to reduce excessive response times in that portion of the community, and to provide additional system capacity tor both fire operations and emergency medical services on a City wide basis. The two older existing tire stations are extremely small and no longer adequately serve tbe needs of the community. Neither site lends itself to expansion. One of these older stations, Fire Station No. 2 presently at 23 Andrews Avenue, is approved in the current capital improvements program budget for reconstruction. A replacement for Fire Department Headquarters, presently at 101 West Atlantic Avenue, bas been requested by the Fire Departoent and the City Administration and has been included in the current five year infrastructure plan. Similarly, future Fire Station No. 5 in the southwest area of the city has also been requested and is included in the same capital improvements program. Neither of these two projects is currently funded, but both are presently included 1n tbe proposed "Decade of Excellence" bond issue. Fire Station No. 2 1s now in the preliminary design phase and proposed Fire Station No. 5 is still in the planning phase, although a tentative site recommendation may be forthcoming as part of the City's Comprehensive Plan. At this point, it is reco~~ended that a site be selected by the City Commission for a new tire headquarters facility. This facility is presently envisioned to include both a fire station element and an administration element. However, other options and alternatives will be explored with the city's consulting J engineers, Gee and Jenson, as part of their work to conduct a needs analysis for this project. As a result of tbe work of the consultants, a more precise construction budget and site plan can be developed to aid the Administration 1n finalizing the planning , phase tor the facilities themselves, the land acquisition phase, ~ and refining construction estimates for the bond issue. - . . Fire Station Location Analysis Page 2 Headquarters Facility \ # FIRE DEPARTMENT HEADQUARTERS Fire Department Headquarters (Fire Station No.1) primarily serves the central portion of the city. Due to its location, units from this facility also provide secondary response and supplemental coverage for most incidents throughout the community. This facility also houses all departmental administrative functions and staff. In addition to the present site at 101 West Atlantic Avenue, thirteen alternate sites (intersection designations) ""ere included in the street and highway network: 1. 101 West Atlantic Avenue (current site) 2. West Atlantic Avenue and 3rd Avenue 3. West Atlantic Avenue and 4th Avenue 4. West Atlantic Avenue and 5th Avenue 5. West Atlantic Avenue and 6th Avenue 6. West Atlantic Avenue and 8th Avenue 7. West Atlantic Avenue and 12th Avenue 8. N.W. 2nd Street and N.W. 1st Avenue 9. N.E. 2nd Avenue and N.E. 1st Street 10. N.E. 5th Avenue and N.E. 1st Street 11. N.E. 4th Street and Swinton Avenue 12. S.E. 4th Street and Swinton Avenue 13. North Federal Highway and Lake Avenue S. 14. N.E. 2nd Avenue and 16th Street Analysis at the data generated from the study indicates that the present site is generally well suited to pr~vide primary and secondary emergency response to designated areas of the community. Accordingly, it would be desirable to locate the replacement facility in close proximity to the present :facility as possible in order to maintain approximately the same service levels, Since travel time is largely dependent upon achieved travel speeds and congestion levels found on "local" streets it is desirable to locate a fire station on, or very close to a major east-west and north-south arterial system. Typically, alternate sites were not included for analysis which were located east ot the Federal Highway corridor due to the close proximity of Fire Station No. 2; or soutb of Atlantic Avenue, with one exception, due to the proximity ot Fire Station No. 3. Another major consideration pertaining to site selection for a replacement facility is the maintenance of effective access to the central business district, an area containing a concentrated portion ot the corrJIluni ty I S Ure risk potential. Further, review of travel time and risk potential, both fire and emergency medical service, suggests that a replacement facility should not be located too far from the present location due to the need to respond expeditiously to northern portions of the city. This area contains a large number ot public and private . schools, a redeveloping and expanding commercial area, and . numerous residential areas. Response to these areas depends heavily upon the use of North Swinton Avenue, Seacrest Boulevard, and Northbound Federal Highway. Therefore, proximity I relationship to these north/south corridors is especially . important. The purpose of the following section of the report is to identity a range at site options which will achieve desired travel times, and at the same time maintain rapid and efficient access to those portions ot the community which have some ot the highest demands tor service, are somewhat remote, and contain some ot the highest relative levels ot risk. . . . . Fire Station Location Analysis Page 3 Headquarters Facility i The replacement facility for Fire Department Headquarters could effectively be located on West Atlantic Avenue between the present site and 8th Avenue or at N.W. 2nd Street and N.W. 1st Avenue without a negative impact on present service levels. However, should an Atlantic Avenue site be selected it is not recommended to locate the facility further westward than 8th Avenue to avoid unacceptable increases in average response times to northern portions of the city. These recommended sites also consider the desirability of maintaining a functional and operational relationship between this taclli ty and other governmental agencies in or near the Civic Center. The following table indicates the average travel times for various sites relative to the current location. Those marked with an asterisk (*) are recommended for City Commission consideration for this new facility. AVERAGE TRAVEL TIMES - EXISTING AND ALTERNATE SITES SITE LOCATION AVERAGE TRAVEL TIME 1. 101 West Atlantic Avenue (current site) 2.74 min. 8. N.W. 2nd Street ~ N... 1st Avenue 2.74 min. . 2. West Atlantic Avenue ~ 3rd Ave. 2.78 min. . 3. West Atlantic Avenue ~ 4th Ave. 2.80 min. . 4. West Atlantic Avenue ~ 5th Ave. 2.80 min. . 11. N.E. 4th Street ~ Swinton Ave. 2.80 min. 5. West Atlantic Avenue ~ 6th Ave. 2.85 min. . 9. N.E. 2nd Ave. ~ N.E. 1st Street 2.90 min. 6. West Atlantic Avenue ~ 8th Ave. - . 2.98 min. . 7. West Atlantic Avenue ~ 12th Ave. 3.15 min. 10. N.E. 5th Avenue ~ N.E. 1st Street 3,20 min. 12. S.E. 4th Street ~ Swinton Ave. 3,26 min. 13. N. Federal Hwy. ~ Lake Avenue S. 3.86 min. 14. N.E. 2nd Avenue ~ 16th Street 4.22 min. Should you require additional information on tbis matter, please advise me. y~~.\~ Fire Chief KBK/ew cc: Asst. Chiefs Captains . f . I 'Tj I ~ I N:Xl WWWWWWWW~~~~~~~~IO~ ~~~~~~~~~(Jl(Jl(Jl'::'~~(Jl Z W~~Cl'l~~Oc.o~W~Oc.o'::'~ t%jt:l M s::: . :x> 4 Z t:l zt""C/)zzzzt""t""C::'U:X>c/)zoz . ~ ~. . . . ~ ~ ::l I-' ~ ~ ~ ~.. ="'~ t%j~~~=",=",~.j: I-'~ ~ X t%j OJj~O.... ~~~8~O ~., ~<t1 '<0::lt1a::~ o.....~~~~~o> en~~~ W 'Tj ~ Q en OO(Jl~(Jlt1 < C/)~ ~.en t1::Z::t1 0 t1~~~~::l~""~O o~~.~p. () ~ ::r ::r p. ::r < ::l ::r C/) =:I '< > ....00 ~j:oo::z::()~' > t"' ::r .... C/) C/) C/) C/) _ ~ 0 ::r ~. ::r < ~j:t1~~~~'U I-' 0 aq j: 'U C/) ~ 'U =:I t1 0 t1 t1 t1 t1....~-0::r~ ~-=:I 0 oO.....~~~~=:I=:IC/)..... oOOj: H .....::r~~~~~~p.~ C/) ::r w. ~ Z ~ _""rt" .... 0 ~ 0- >-3 < z----t""Z=:l ::rl/:OOj:~ ~ . C/)C/)w~~o~ 0 ~I-'~ t"' ~~~t1=:1::lt10 00 1-+,=:1 0 > . ........o.p.~ "=:I I-'Il> P. () t1 =:I =:I ::r '< C/) > ~ ~~~>> l/:O ~C/) >-3 ~ . ~oo<< 0Jj en ~ ~ H ::l =:I =:I ~ ~ ~z 0 ~ ~ 0 P. f:' f:' p.~ ::r ~ ~ z j:j: ~ 0 C/) ~ ~ t1~ 0 ~ ~ ~~ I-' tl:l '1 1-'=:1 I-' Q P. < ~ p. ~ C/) . ~ . t%j f >< - (Jl(Jl(Jl~(Jl(Jl~~'::'(Jl'::'(Jl(Jl'::'(Jl(Jl1 H . . . . . . . . . . . I en ~(Jl~(Jl(Jl~~OOWO(Jl(JlOOc.o'::'OI >-3 f H IZ I 0 - I I I I I I '"' I ~> I < I t%j (Jl(Jl(Jl~(Jl(Jl~(Jl~(Jl~(JlCl'l(Jl(Jl(Jl1 0l:Xl . . . . . . . . . . . . . I >-3> (Jl~(JlW~(Jl(Jl~~'::'c.oW~WOO'::'1 ::Z::O I t%j I I >-3 I :Xl I > I ~< I . t%j (JlCl'l(Jl(JlCl'l(Jl~(Jl~0l0lCl'lCl'l(Jl0l(Jl1 t"' . . . . . . . . . I Cl'l Cl'lOCl'lOOCl'lCl'lWOO(JlOOW~c.o(Jl1 >-3>-3 I ::z::..... I l!!:: I t%j I - I s::: I ~H I . Z c:: 0lCl'l(Jl0l0)(Jl~(Jl(Jl(Jl(JlCl'lCl'l0lCl'l0l CXl>-3 . . . . . . . . . . . . . >-3t%j c.oW(JlWWc.oOOCl'l~OOWWCl'l~~OO ::z::en ..... ~ Cl'lCl'l(Jl(JlCl'lCl'l0l(Jl0lCl'l0lCl'lCl'l0lCl'lCl'l ~ . . . . . . . . . . 0 ~(Jl~(Jl(Jl~OOOWO(JlOllXlc.o'::'O >-3 ::x: ~ Cl'lCl'l(Jl0lCl'lCl'l(JlCl'l0lCl'l0lCl'l~Cl'lCl'lCl'l ~ . . . . . . . . . . ~ w~c.o~~W~OOl~~~O~Cl'l~ >-3 ::x: I . . , I , . - , - " .~, , - -- MEMORANDUM TO: David T. Harden, City Manager THRU: Alison MacGregor Harty, City Clerk FROM: Anita Barba, Board Secretary SUBJECT: VACANCIES ON THE DOWNTOWN DEVELOPMENT AUTHORITY DATE: June 18, 1990 Linda Glass is no longer eligible to serve on the Downtown Development Authority. Her term would have expired on July I, 1992. Connie Tuttle has served two (2) consecutive terms and is not eligible for reappointment. Her term expires on July I, 1990. According to the Overview of Boards and Committee, the membership requirements are as follows: "Must reside in or have principal place of business in City, not be a City officer or employee, and at least three members must be owners of realty within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer, or managing agent of an owner of or a lessee thereof so required to pay taxes thereon." Appointments are for three year terms in accordance with Chapter 71-604, Laws of Florida (HB 1250 - "Delray Beach Downtown Development Act"). The following persons have submitted their names for consideration and their resumes are attached: Phillip Abrell, Robert Brewer, Anne Bright, Hugh Gage. Bruce Gimmy, Carol Stanley, Paul Steele, and Christine Wenzel. The first motion to appoint would be made by Vice-Mayor McCarty (Seat #1). The second appointment would be made by Commissioner Alperin (Seat In) . cc: Cheryl Leverett, Administrative Assistant dda.txt ~t2 , * ~ . CIT! OF I>ELnAI DEAC:' IH!UD tIElIDiJLAULl~AI1QIl ~~i'a4 Ljfk~JL - u -- -- . nOllE STn, T. ADDnESJf CITY. ZIP ~A~LREui)EijCEj ------- ______u_____ --- /J'L ff 1 & J2' ~/:~~ ~3 -.:1Q __-::.-.__-.:__ ___ /1~_ /' ~ / .::J}:1 PR~J1~ Dimss ST'rE AI> RES TI /?/:',"5) _- - ,2 f'f_:!Ltgj -Zf:f' ~ '1 Cy'y 1I0ltE PIIOllE 'J - ---- - ---..--- DUSIlIESS rllUIIE un W II ,\ T DO A R D S ^ n E YOU ItJT ERE S TED Ins E n v H! G ,DnA -- LIST ALL CITY DOARDS OU WI/ICII ~ ARE cunnEtJTLY SERVING OR I/AVr. rREVIOUSLY S E n v E I> (P 1 e a 8 e 1 no 1 u d e d ate s ) 07~ . 4#41~ --- EI>UCATIOllAL QUALIFICATIOllS LIST AUY AI/D LICEnSES WI/ICII yOU 1I0LD. T E"PLOYER, AnD rOSITIOI/ ;;/p'./~.II/u~d.. ---- . ~~~~n~~:n;~PEnI~KILLS OR KNOWLjDGE Will CII QUALIFY YOU TO SERVE 011 ---- ----- 1/4;;;tj . PLEASE ATTACH A BRIEF RESU"E. . I IIEREBT CERTIFI THAT ALL TilE ABOVE STATEIIEtlTS AnE TRUE, AtlD I AGREE AI/V U tI DEn S T A tlD TIIAT AllY HIS S TAT Ell E tIT 0 F II ATE R I A L FA C T S COli T A Itl ED It. TillS AP- PLICATIon HAY CAUSE FORFEITURE' UPON Ht PAnT OF AtlY APPOINrtlEtlT I tlAY RECEIVE. ~ ~r~;fL-- I>ATE _,_I //.... ') / r;; .- : 10 I d ~. /. G I t ~SlJ.J JJrh/tyUl.rl 1...~ ~p{1~ (~ I , . PHILLIP E. ABRELL PRESIDENT AND PUBLISHER OF . THE TIMES - HERALD Mr. Abrell was born and educated in Indiana. Following military service, a National Bank examiner with the U. S. Treasury Department, after which, he was involved in an executive position in air craft manufacturing. He spent most of his working years in the newspaper business as a part of Federated Publications, Battle Creek, Michigan as Business/Operations and Personnel Manager. Following t he me r ge r of Federated Publications with Gannett Co. Inc. , he moved to Port Huron to assume the role of President and Publisher of The Times Herald Company. Mr Abrell has been very active in community affairs through- out his working history. He was selected "Young Man of the \ Year" in Battle Creek; and one of the five ouLstanding young men in the State of Michigan. He also served as President of Community Hospital, Battle Creek, as well as president of several different community organizations. He continues to be active in community affairs and is presently a director on the respective Boards of The United Way, Port Huron District Foundation and the Industrial Development Corporation. . Mr. Abrell is married; wife, Ellen, children, Kristen and Chad, a son Greg Abrell and three grandchildren. Retired 8-1-1983 Present . Owner of The Mole Hole of Delray Beach . ..... '.... Personnel Data -- P. E. Abrell Augus.t 7, 1973 Present Activities: Communit~ Hospital Association, Inc. Past President Presently member of the Board of Trustees Involved in hospital affairs since 1965 Hichigan Hospital Association Homminga Memorial Committee Other Current MembershiDs: Battle Creek Area Chamber of Commerce First Congregational Church Masonic Lodge #419 Ancient Accepted Scottish Rite - Grand Rapids, Michigan Saladin Temple - A.A.O.M.M.S. - Grand Rapids, Michigan Shrine Club of Battle Creek The fOllowing are major areas of past activities: Calhoun County Comprehensive Health Care Study Committee New Y-Center Dedication Committee Battle Creek Area United Fund Active since 1954. Served in one or more areas of responsibility each year from 1954 through 1965. Member of Board of Directors and Executive Committee 1958 through 1965. President of Board and Chairman of the Executive Committee 1960-61. Michigan United Fund Active 1958 through 1966, serving in various areas of responsibility ~ Admissions Committee, Budget Committee, Vice Chairman Budget Panel and member of Board of Directors. Southwestern Michigan Rehabilitation Center, Inc. Chairman of Study Committee to accomplish reorganization, relocation and exPansion of an American Legion Hospital run program, to become a regional IO-county all inclusive rehabilitation center, serving the rehabilitative needs of an area encompassing a population of approxi- mately 800,000 people. Now operational. Chamber of Commerce Member since 1954 - active in membership efforts each year, Chairman, Business Ethics Committee two years, and active on various committees for several years. Better Business Bureau Charter Member, Member, Board of Directors, Executive Co~~ittee and Treasurer two years. Active in merging this organization with Chamber of Commerce to become Business Ethics Committee. . , ~ , I Personnel Data -- P. E. AbreU Page 2 (Attachment) I Junior Achievement, Inc. of Battle Creek Active sjnce 1958, Member Board of Directors 1961 - 1971, served ib various areas of responsibility. Vice President 1962-63, President 1963-64. , , Served as member of Board of Directors, or in other areas of responsibility in the following organizations: Area Development Corporation Calhoun County Hental Health Society Health and Recreation Association Calhoun County Community COllncil Nottawa Trails ~xecutive Council - Boy Scouts of America Visiting Nurses Association Y.H.C.A. . t - . .Y CITY OF DELRAY BEACH BOARD MEMBER APPLICATION .. R08tRT BR~ \\I~ 1:>"" NAME 339 E ATL/\ i\J'"'T (-~ A\jE 'i) -, y Be: \J -<' ~ {.. ,-. ~ .L tL t-U\ - -' (j--, HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 'Lit TRE'LLIS <:' M ,'-, .-.. ~ f\ I\.lt f.--s A. Be ",/ ~ "'---- )'-, "-- - PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ~.. ')' ;; I ~ C)"' / "'- 7 ~ - -~" ) 0 _! --, '1"-- \..4..;" .......J ,__ HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING i),v,A r-o A ~ \.._, ~ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS B A, MNOK AK.I MINOR BUS} ~ES 5 . tc'S r ~RADi) A re: I}J c ~_ K _ .p. D'/ 6 R TIS I ~ S LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION 1\iE lKELt-IS ~-H-o~ MI'\^JAG.~R DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. PLEASE ATTACH A BRIBr RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. t!t!V;1j ,1 ~~/CY'.L- JuJLJ 11 H~1 SIGNATURE DATE . n - -, , . ~ .I - - Having been almost a professional student at one time I majored in architecture, then in interior design before finally receiving my bachelors degree in art. None of this was a waste, however. I have 25 plus years in both retail and wholesale in the gift and home furnishings industry in chain stores and specialty shops. I have designed,help to build and display showrooms from New York to Los Angeles. I have done the same, with specialty stores in the Midwest, Southwest and Southeast. I have traveled the world extensively and have numerous books and pictures of ideas that could be brought to Delray. I think the front of the Trellis Shop attests to what can be done. This facade cost less than $3500.00 I am sure I would be a positive addition to the DDA or or CAB" I will go to my grave still a student. * I read daily in a researching manner; newspapers, trade publications and home magazines. Magazines are frequently old issues ie, October 1981, Architectural Digest as most new trends are a recyc~in8 of the past. r' *' , : J CITY OF DELRAY BEACH BOARD MEMBER APP~_ATION Anne_~-=-~~iq,ht _______ NAME 700 Sea Sage Drive, Delray Beach, FL 33483 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) Delray_Executive Mall, Inc. 110 East Atlantic Avenue, Delray Beach, FL 33444 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP Cottage Door~.9.QO_East. Atlantir ~.nue... Dplrr!~ Rpr!("h, F'T. .3.:1.48.3_____ 27~:1851 -242-0600 278-5605 HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING (l~ 1....: ~ A-3 : (~~ ~ -. --- LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) nonQ ~DUCATIONAL QUALIFICATIONS Graduated HiqhSchool - Got married - Worked for ,-L&lLJ3j..Q~~j..213 -1972______ ___________ __ ___ -------- .---------------..-.-- LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. Cert i fi~ 'picture Fj:'~.ID~..L-=_~.P..f____ ___________ ~--O.f PPFA - ProfQ&&i.o.R-a-l-~~-t~~~~~------------- GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ________ Presid~.D..t-.& flanager of Jle.1..r~ RYAt"I1C; tie M", 11. Il3c.. __________ Ownpr of rO~~rlgp Door in np1r",y ~ Fr"'me Factory il3 aoc~ _ DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. 1978-1982 Served on the National Advisory Council of 195 stores of frame factories through~ut u.s. Served as Chairman for 2year~and ~~ ~ed when our son was born. ~~~~Qtly secretary of the Waterw2JLJtast Assoc. PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. a . ") L; ,,- - , ~ , I /.. :;...' I ,(.l.t"-<' / jY\l ( J~L\."-~' .I /\ I _, _.-_______:.L.: ____t..___,______ _______ _______ ____ _ ~___ _ _ _ _ _ SIGNATURE ,j DATE --::'7 I - ,7 '.4- . t ~J_ ,Lr J Jjl.',.(~--,"") ,<-:I I ~ ~ D f) Ti ;:))/1,1-'-1 t, , ~ G/I.?-/10 . I (~7) 212~ ~r(. , TELEX #EXECMALL DEBE 51- '3406 . :f.:r.CEIVE; EXECUTIVE MALL OFFICE BUILDING JUN 141989 - Delray Executive Mall, Inc. . 110 East Atlantic Avenue CITY Mi\i~~u~R'3 OFl=ICE Delray Beach, Florida 33444 June 7, 1989 Mr. Walter o. Barry City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Walter: Thank you for the board member application. I would like to serve on a board for the City and help in any way I can, but as for the Community Redevelopment Agency Board, I feel strongly that Reeve would be a more qualified applicant than I. Enclosed you will find the application and brief resume. If you feel that I can serve the City on any other board, I would be more than happy to do so. Sincerely, ~.4 ~r Anne s. Bright ~,---, . - .- BOdrd ~ember Application - page 2 - Work Hist.ory . July, 1988 - present Manager of Oelray Executive Mall, Inc. 110 East Atlantic Avenue, Oelray Beach, FL 33444 1975 - present Owner of The Frame Factory 2435 N. Federal Highway,Boca Raton, FL 33431 1981 - present Owner of The Cottage Door 900 East Atlantic Avenue,Oelray Beach, FL 33483 1966 - present Owner of St. Jouite Hotel, Inc. St. Jouite, P. Quebec,Canada a 75-room motel & hotel with a restaurant, tavern and Lounge 1967 - 1975 Owner of Seal Cove Stables, Inc. Had over 60 head of Quarter Horses Raised, trained, leased, & sold horses throughout the State of Maine 1969 - 1975 Managed Bar Harbor Candles with a partner. I was in charge of sales. Sold throughout u.S. to major corporations; i.e., Liggett - Rexall, K-Mart. , , , \ . . -.-.---..-....... .. . - .J ~Ofl1tr\ ,s~, o~ C ,,...y CITY OF DELRAY BEACH c".,y e,1-~RK I BOARD MEMBER APPLICATION I - HUGH B. GAGE . NAME I ~ 1054 Del Harbour Drive Delr~y Beach, Florida ))48) HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) net1red PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP 272-7278 ROME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Plann\n~ & Zonln~ Or Downtown Development Authority LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) !~one ~DUCATIONAL QUALIFICATIONS See resume LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. None GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION DuPont CompanY---Market DeveloDment DESCRIBE EXPERIENCBS, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. See res"mft PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. 1y(~~~- May ;2.1989 DATE IGNATURE I .. ~ ./ CITt OF DELRAt BEACH _ ~DABD HEMB~R AfPLI~QH - DnJCe, G t'IMW>( "AftE -A 0 \J - __Q_ O~-i \K-,' CP-D""l':~ 334'3"':) nOllE STREET AD RESS, .CITY, ZIP (LEGAL EiI~ ---- -'l~q ---. laV<CJ\c~ I:?- - De\ ~ V ~(?C'~ '?34S' 5 PRINCIPLE BUSINESS STREET ADDRESS, CITY, aIP ?65 /~1..f /) ~ - .-,-- i\ ....-,' '""" / b 0'-"/ . :::>,/) ':) - J..( <5- '2 A. JJ 1I0UE PIlONE ~ BUSIUESSPHOrlE Oil WIIAT BOARDS AnE YOU IlSTEJiE3TEii Iii SEn.litG DPA LIST ALL CITY BOAnDS ON WIIICII IOU ARE CURRENTLY SERVING OR IIAVE PREVIOUSI.Y SERVED (Please inolude dates) ---- ",::::>,-.., ("') EDUCATIONAL QUALIFICATIONS ..l- ~-)...::> , ~'\~Y ~1~Yc~E;.t~ ~~~r5iS:O;~~.:~ERe~I~~~O:IS ,~I~~ ~~,C;~~E~~n Y~~~;~. {"('€. v' Lf\ C w.. 11.1'<~" . '~ GIVE lOUR PRESENT, OR HOST RECENT EUPLOYER, LI C :? ' ')... rt. '-d . DESCRIBE EXPERIENCES. SKILLS OR KNOWLEOG-E WIIICn QUALIFY IOU TO SERVE 011 TillS BOARD. ~U'l B...~'L---i- ~ t""r'\c~ \11'\ ~.-ve~$ \--e.4 \"" DO........"""~Li~""'\ ~~...., d-Lt \ PLEASE ATTACH I BRIEF RESUME. . I liE R E B J C E R T I F J T II A TAL L TilE A B 0 V EST ATE It E'IT S ARE Tn U E, ^ NO I A 0 R E E AlID UtlDERST AtlD TIIA T ANY HI SST A TEHENT OF HA TERIAL FACTS CONTAINED 111 TlIIS A P- P T I HAY CAUSE FO RFEI TURE' upot~ HY P ART OF ANY APPOINTtIEUT I tfA Y Ee V. . -- ~ ATE /, / /.,-; ro-' / QJ' (' 0 ~~ I ~ SlJlJ./rJjfl~2d l/f,A l " . CITY OF DELRAt BEACH ~DJ]D MEHBiR APPLI~AI1QH Carol M~cMil~an Stanley fiAt IE. ---- -- __~062_~~m_s RO~~2_~~~~ox 820 Oelray Beach, FL 33447 1I0ftE STREET ADDRESS,. CITY, ZIP (LEGAL RESIDEIICE)-------------------- ~_NE Fourth Avenue Oelray Beach, FL 33484 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP --- - 499-4963 276-6363 - ----- ---.- --- not1E PIIOUE BUSIUESS PIIOtlE 0" WHAT BOARDS ARE IOU INTERESTED IN SERVI"G DDA LIST ALL CITY BOARDS ON WIIICII YOU ARE CURRENTLY SERVING OR IIAVE PREVIOUSLY SERVED (Please inolude dates) none EDUCATIONAL QUALIFICATIONS BS at FAU. J.D. cumlaude U~~sity Qf Miami 1970. LIST AUY RELATED PROFESSIOllAL CERTIFICATIOllS AIID LICEIlSES WIIICn YOU flOLO. Member FLA BAR, South County Bar Assoc. Desi~nated in-Feal Estate and Wills, Estates, and Administration. G I V E YOU" PRE S E NT, 0 R Ii 0 S T R E C EN T E H r L 0 Y E R, A tte PO SIT 1011 ___ Attorney-partner at MacMillan, Stanley & Purdo. ___ DESCRIBE EXPERIENCES. SKILLS OR kNOWLEDGE WIIICII QUALIFY YOU TO SERVE 011 TillS BOARD. A downtown prooerty owner: life lonq residp-nt of nplray Rrh. have l>E~('n an attOl:ney here in same location since 1970. PLEASE ATTACH 1 BRIEF RESU"E. . I IIEREBr CERTIF! TIIAT ALL TilE ABOVE STATEMEHTS ARE TRUE. AND I AOREE A"D UNDERSTAND TIIAT ANY HISSTATEMENT OF MATERIAL FACTS CONTAINED IN TillS AP- PLICATION .IAY CAUSE FORFEITURE' UPO" HY PART OF ANY APPOINTfIEllT I ItAY RECEIVE. r, / / . k I ,. "_ ,+", _ '...-' ! _ / _ l' c; ~~ j r; C<.---;/ . 0'- ',('L-..-- <-, fY _ Z / - ~ SIGtlATURE DATE I \,/ ~ . l .!lL: ~ J LAW OFFICES I MACMILLAN, STANLEY & PURDO ! MACMILLAN BUILDING 29 NORTHEAST F"OURTH AVENUE . - P 0, BOX 820 DELRAY BEACH. FLORIDA 33447-0820 NEIL It. MACMILLAN TE'LEPMONE' CAROL MACMILLAN STANLEV (407) 276 - 6363 ,.....OMAS G, PURDO (407) 272,5757 (407) 737, 6600 Carol MacMillan Stanley Background Statement Community Affiliations: Cason Methodist Church Past Chairperson Pastor-Parrish Relations Committee (1984) , past member Finance Committee 1987-1988 Currently, Chairperson of Board of Trustees 1988-1989 Member Jonathan Dickenson Chapter, OAR Chairperson Bicentennial of Constitution (1987) Palm Beach Hunt Board of Directors and Whipper-In Womens Executive Club Past Vice-President Delray Beacb Historical Society Board of Governors, Executive Committee, 1987-1990 Visions 2000 (1988) Delray Beach Board of Realtors Affiliate Member Member Palm Beach County Commissioner Citizens Committee on Agriculture (1989) Other Information: Married to C.R. Stanley, two children ages 17 and 12. - I CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME PAUL J. STEELE - 1121 NW 4th Av., oelray Beach, Fl. 33444 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) 630 E. Atlantic Av., Delray Beach, Fl. 33483 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE (407) 278 4277 BUSINESS PHONE (407) 278 3383 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Downtown Development Authority (DDA) LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVI~G OR HAVE PREVIOUSLY SERVED (Please include dates) None EDUCATIONAL QUALIFICATIONS Business College LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Florida Licensed Real Estate Broker GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION OWner/President, Bonnell Realty, Inc. DESCRIBE EXPERIENCES, ~I(ILI.S OR KNOWl,EDGE WHtCH QUALIFY YOU TO SERVE ON THIS BOARD Fonner Savings and ram Executive, Real Estate Broker, ~lQyed or Been in business on Atlantic Avenue for 25 yrs. Past President,Greater Delrav Beach Chamber of Ccmnerce . Banking and Real Fstate Business gives in depth knowledge of business and residential a~~~ of cntTI1lln i t.:j . PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. /J 'h ~~ // ~" / ",.-J J -' ,r "', / , " / ~ .' S IGNj\TURE DATE 4/90 I . . t ...;..~ . - PERSONAL F'ROFIFE Paul J. Steele 1121 NW 4th Avenue Delray Beach, FI 33444 (407)278 4277 Current Business: ,. 98- to date) \...j. ..:;. Owner/President Bonnell Realty., Inc. 630 E. Atlantic Av. Delr-ay Beach, Fl 33483 (407) 278 _.-..;,8...::. Birth Date/Place: December 8, 1-=;-37 De:-: tet- , NY Marriage/Spouse/Children: February 14, 1965 Joyce_ A. Staele Children: Alan (Married) l<evi n (Marines) Education: Watertown School of Commerce Business College Employment History: Savi ngs g~ Loan Association of Watertown, New York Jun 1956 to Dee 1964 Teller., BOOkkeeper, Assistant Secretary First Federa.l Savings and Loa.n Associatlon of Delray Beach (now Carteret Savings) Dec 1964 to July 1982 Member of the Senior Management team responsible to the President and Board of Directors for the effective operation of an $800 million dollar finanacial institution. Senior Officer responsible for the management and direction of the Savings Division consisting of 160 employees in 12 offices. Responsible for the design., planning and implementation of existing and neM services on a timely basis while maintaining and effective quality of service. Other Positions: Vice President., Treasurer, Controller Realty World-Godfrey & Associates,Boca Raton Real Estate Salesman (Dee 82-0ct 83) Affiliations: Greater Delrcl'l Beact-I Ch,~mber of Commerce t f='resi dEnt 6/88 - 5/8'::; ) (Director 6/86 - 5/90) Delra.> Bee<ch Boar-d of h:ec:il tcrs (D:r-ector 1986-1988) Dr-ug Abuse Foundation of Flal rn Beacr! County (Director/Treasurer 1990) Cason United Methodist Ct-Iurch ([hairperson, Board of Tt-ustees) Rotary Club of Delr-ay Beach ( 1972 to Present) (Past President 1977-1978) . . . CITY OF DELRAY BEACH BOARD MEMBER AP~LICATION - Christine A. Wenzel NAME 111 S.F.. 7th Ave., Art. :l De1ray Beach, l:"lorida 33483 - HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 401 Fast ~t1antic Ave. nelr~~ Beach, r10ridR 33483 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP . 278-3260 278-'885 HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Downtown DeveloDm~nt ~uthn:itv -- LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS Bach~lor of Business AdministraT;n~ (~~rlT""'t"'fPMPT'l+- , from the College of William and ~arv; Ma~ter of Businoss ~dMir.i~+-~~~;~T'I IMarketlnn) from the University of l:"lorida LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Buyer and ~anaqer at Mercer Wenzel. Inc. DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. I have a broad know] pnqp n-F hl1~i np!;~ ;:tnn ;:t ",pry c::pPr-;~; C interest in the vitality of Downtown Delrav BAach. ~lso. I am quite familiar with the Downtown, havinq lived and workpd in the area for Years. PLEASE ATTACH A BRIEF RESUME. r HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEI~VE . . . ( . '1!? /' -,d!i>;h. /1//;/,.< I (;/ ---. - / ~ ...., ./' -' ,,,., . -' I ' /!... J..c _ , 1"_1' . . <: . ," . "'1 SIGN A TUnE! DATE ~ ~~~ ~ ~ co.1{ ~ I (f- / '10 I L. . .~. ~ -........, - I CHRISTINE A. WENZEL :11 S.E. 7th Ave., Apt. C - . Delr3.Y Beach, FL 3J~83 ( 407) 278-3260 EDUC\T::.:,N mrrVE?SITY Jr FLORIDA, ;~adu~te Gchool of Business Mast~~ of Business Adminls~ration, May 198f C-Jncent:-3.t::'0n in M3.rkettr'.g Tit 1 E' 'lI f-:llowshl.p in International Stud:"8s COLLEGE OF WIL:IAM ~lJD MARY 0::'':'-;::->:)1" (J'~ 3usL,ess Admlnisr.ratlo?1, t-i e..:: 19 E I) >f,i. ~ ,j:'" :'i~ >~ ~:""'.1.":: :'ri~ .11.: - ~. - ..~,-. . - -. . ch~ ~cl12ge cf E~31:~ES " ~. -;.. ,.'"..I.l. ',.:'~~~liJ :::: WORK HERCER T,'ENZZL DEPARTMENT STORE, De~ray Beach EXPERIENCE Seasonal employment 1968 through 1979. Full-time e,nploy:uE-n t 1981-1983 and i988 to present. Frese~t ~~sitlcn icclu~Es Manager ~~d Buy~~ :or Children's 3nd DOillestlcs Departments, EF H~TTON, l;orth Palm Beach Account Executlve, 1986-1987. T:'ained in sale::; dnd licensed to sell stocl<s, bonds, 0ptions, mutual funds and commodities. REYNOLDS METAL3, Belleville, Illinois Management Training Program in the Aluminum Recycling Division, 1930-1981. INTERNATIONAL BUS+NESS MACHINES, Boca Raton student Emplyyment Prog~am, Sumner 1979. ACTIVITIES Represented William and Mary in the NCAA Divisic:n II Swimming Heet, 1979. Repre3ent~d Bc.,:a F.at0n in a swim e:-:cl:.a~1ge w:. th HE.S ': 3 e r 11 ;1 _ r~ tl1e S-Jmrr2r of 1978. Travel 2xpe~ie~ce in North and S0Ut~ A~e~ic3 \1.d A::;:.a. HCD0 i ''',:; L~:::.".dt:" te~1!',i:3, .:'w 'iIt;:1':'l: g. trav~l ard :::;:,-':.iC;~- 101!lg'.l3.ge;, . - Ji : f(~~ MEMORANDUM - TO: David T. Harden, City Manager THRU: Alison MacGregor Harty, City Clerk~ FROM: Anita Barba, Board Secretary SUBJECT: VACANCIES ON THE CIVIL SERVICE BOARD DATE: June 18, 1990 There is one (1) existing vacancy for a regular member of the Civil Service Board. Also, the term of K. Howard Wiener, currently the Chairman, expires on June 30, 1990. According to the Overview of Boards and Committees, as revised 1990, there are to be five (5) regular members on the Civil Service Board; three of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise, and appointed by the City Commission. The fourth and fifth members are elected from the employees at large, but not both from the same department. In addition, there are two (2) alternate members; one appointed by the Commission and one elected by the employees. The term is for two years. Mr. Wiener is eligible for and wishes to be considered for appointment to another term. David Henninger, Commission appointed alternate, would also like to be considered for appointment as a regular member. In addition, the following persons have expressed an interest in being considered and have submitted their resumes as follows: Sally Antonelli (Mrs. Antonelli resides in the north during the summer months), Dr. Jack Crespin, Robert P. Ferrell (currently serving as Chairman for the Human Relations Committee), Sam Portnay, Murray Sohmer, William Weitzberg and Donald Zimmerman. Based upon the sy.tea adopted by the Commission in March of 1990, the first appoin~t would be made by Dr. Alperin (Seat #2) and the second appointment wOuld be made by Mr. Andrews (Seat (13) cabap.txt gs I . , j . .. ........ ~/t~/!( -..l CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME SALLy .:I ANTlJAJELLI 7&2/ f3'R.O/€. C,-,: - J) ELt<A Y bE A<!.H.1 l=L 3.3 4-1/-..5' HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) ~It1nE PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE 4~'I- c27g- c234,t BUSINESS PHONE ~AM€ ON WHAT BOARDS ARE YOU INTERESTED IN SERVING CJVJL S€/!. v'1C!t: bdAIU:> LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) JJbJJ~ EDUCATIONAL QUALIFICATIONS 6.A~. ;SO(!lo)..tJ(1y- I). OF ---rGXAS (A{)STI~; 111.A. - l])tX]ft77()~AL (]DU,.,JSE:LUJ(! - ~RG,AJIA JECH ) }jcJfY)E~tJS Q D()R.~S I.~ PER.SoNNEL Aj){hIAJ ,S,RAT7t>,j tv! U. s. GotJ~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION U. S. E.M8AsS V 77J Tl..Jt; I-t1L1 ~J RO(Yle ITA/..Y ~ tlbI>2IAlI~T.RATl"E C!oIJSVLTAIJT" ' I DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS .:en WAS A PE"~SoA}~EL ~~r~' JJ(& SPS<!,AL, sr WtTf-f -me DEP~ (F E1JERay/ lVASII'MQil)~ j).c. 'tie ~at ~ ~ 3 "fILS.! ~{)Ll..oLUEb ~'1 A ;2'b t-R. Ai~~/CER.'5 Sri ~ AT THE 311\5 bePftR::rm&JJr: AM... YEJ2>;: FAMJuM. t.U'rn FE;bFRAl- C,\ftL SERVIce Reau T7~AJ.s. P~EASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ,f ~ /'~. 1/:/' '1,(. 1/,,- (. ~e.e.;{ . \... L-JL. . ~ ( .! DATE G TURE 4/90 I I ft~ttt I ' . / . SALLY J. ANTONELLI . 721 Birdie Court De1ray Beach, FL 33445 (407) 278-2366 OBJECTIVE: To serve on the Civil Service Board of the City of Delray Beach, Florida. EDUCATION-LANGUAGES: B.A. in Sociology, University of Texas, 1961; M.A. in Education, specializing in counseling, Virginia Polytechnic Institute and State University, 1976 Fluent in Italian and near-fluent in Spanish RELEVANT EXPERIENCE: Seven years in personnel work, with two years in the private sector (Legal Secretaries, Inc. and Auto-Train Cor- poration) and five years in the public sector as a Personnel Staffing Specialist (U.S. Department of Energy and U.S. State Department) . In addition, I completed an administrative study for the U.S. Embassy to the Holy See in Rome, Italy, which included personnel restructuring. OTHER EXPERIENCE: Social worker in Arizona, 1 year; High school teacher in Honduras, 1 year; Administrative assistant in socio-economic development agency in Honduras, 2 years; Middle school teacher in Virginia, 2 years. In addition, I have served on a voluntary basis on three crisis hotlines (7 years total) and on several church-related social project committees (5 years total). PERSONAL: Born IO/07/39...Married.. . Lived in EI Salvador for 2 years. Honduras for 4 years. and Italy for 4 years...Reside permanently in Delray Beach. with summers spent away...Co- proprietor of The Antonelli Collection. dealing in European antique furniture. fdj '1-/'-90 CITY OF DELRAY BEACH - BOARD MEMBER APPLICATIO~ Dr. J~~k CrARpln . . NAME -- 829 Camino Road #101 Del~ay Beach, Fl. 3~445 - -- HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) ------ - PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ----- 407/243-9834 --- HOHE PHONE ...."-v BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Enman Relation~ Committee, Civil Sll!!,,~~e Board, Pu~lic Employees Relations c;ommltT.ee - 'J '....,j - LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) NONE - --- EDUCATIONAL QUALIFICAJIONS Ph.D. in Ma~keting Education, N.Y.U. '75; M.A. in Blll11inees E ucation, N.!.U. 'ht!; ~.~. 1,n Bl1~1n"lf! Adm1n1l"1tr-atloTl --w:T. 11 . '4' . - _r___~ -- ---. LIST ~NY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. --..-- ------.--- - ----..-- GIVh YOp~ PI1.fENt O~ ~OST I~CEN~ E~P\<iYER AND POSiItTI~ or a , an!~ n vere y, a~ e n~ t.~artmen., Oca KAton, Fl. A~1u1\~t-?!-o-t.l!Il!Ior of MarketlnKo DESCRIBE EI~RIENCE/v dSRLLS OR KNOWLEPf~ WHaC\.1~UALIith YOU ;10 ~'RVE ON THIS BEARD. ave.e e numerous poa- ~. e n<< w peop e var OU8 categorie.. (~.. A't't.ach.d aal"Ume) -- -- PLIASI ATTACH A a.IIP RISUMB. I HBREBY CERTIFY TRAT ALL THE ABOVE STATEHENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEHENT OF HATERIAL FACTS CONTAINED IN THIS AP- PLICATION HAY CAUSE FORFEITURE UPON HY PART OF ANY APPOINTHENT I MAY RECEIVE. / ~ .. I / , . . -----~~~~------------- ~ ~---- DATE ! j v . \ l ~_..i..i I Dr. JA~k Crespin 829 CAmino Road '101 DelraT B~A~h,:Florida 33445 Phon~: 243-9834 - EDUCATION: -- 197, ph . D. in r~~rket1nD' Eitl1r.ation, NAW Yo""k U. 1968 M.A. in BUAi"AsS EittJ~A.t10n, " It " 1341 r' ~ in Business Ait"'i"i~t""at.ion," " It . . EMPLOYMENT: 1987-1989 FAU, BOt'A RA+on, Florida. Market1n. P""ofesso"" 1969-1985 BerD'en Community College, Paramu~. NAw Jp.""Rev. Ma""ketlnp' P""o'essor. Business Dp.partment Chai""person, DARn of Division of Business ArlministrRt.lon 1966-1969 MorriA H.S. B""ony, New Yo.,..k. Bl1f11inABS Tp.ach",... 1941-1966 SAleR And MArkAttng in NAW york City Rnd Mp.yi~o. sonIAL ACTIVITIES: MAsonic Order (Pafllt Mastp.r). Bo" S~out.~ of America (Adult LAadAr). Condom1nnm hoard memb,ar. A""bi+ra+or for BAtt-r BllAin~~A B"reAu,etc. MT~C~LLANEOUR: PA""man-nt. rAsidAnt of DAlrRv BAach sint'A 1984. SpeAk, read, and write fluent SpAnish. /IJ . 1 " CITY OF DELRAY BEACH - BOARD MEMBER APPLICATION . . Robert P. Ferrell NAME HOME STREET ADDRESS, CITY, (LEGAL RESIDENCE) - ZIP Palm Beach County Sheriff's Office; 3228 Gun ~Road; Wes~!alm Beach, FL 33406 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ------- 471~2107 HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Human Relations, PERC, Civi.l Servic.e (othersLlf needed) LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) Boynton Beach Community Relati~s Board 1978 EDUCATIONAL QUALIFICATIONS H.S. - also numerous advanced courses in law enforcement - "p'resentJ:L.attendingBarry'Univer-s'riy to--rece"'IVe degree - -- LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. -- ----- GIVE YOUR PRESENT, OR HOST RECENT EMPLOYER, AND POSITION media r~~~ns officer - Sheriff's Office. Palm Beach County DISCRIBI EXPIRIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. 14 vears in law enforcement with w~~n community relations; Retired ~ LieutAftant with Bovnton Beach Police; Elected to 2 terms as Boynton __ Be~ch City C~i..ioner - extensiv!l~a\ninR and experience in community relations and law enforc~t and management PLIASI ATTACR A StIIP RISUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~/# -- 5= 1-7.0 -------------- ------------ ,/ SIGNATURE DATE I I i"_ I .~j ~ "- LAW ENFORCEMENT HISTORY . . Law Enforcement Awards: 1972 Police Officer of the Year. Monroe County 1977 Police Officer of the Year. Boynton Beach Vietnam Service Medal Chiefs Achievement Medal 10 Year Service Medal Exceptional Duty Medal Meritorious Service Medal 1978 Florida State Fraternal Order of Police - Member of the year. Other Related Activities: Served as President of Boynton Beach Fraternal Order of Police for 10 years. Served as President of Palm Beach County Fraternal Order of Police for 2 years. Served on Board of Directors of the Florida State Fraternal Order of Police for 3 years. Lobbyist to the Florida Legislature for 5 years in criminal justice matters. Project Representative for the Governor's HELP STOP CRIME proqr... Contract Negotiator for the Boynton Beach Police Department. Assistant District Director for Fraternal Order of Police District 4 (7 counties). Member of the Florida Community Relations Officers Association. Member of Florida Law Enforcement Public Information Officers Association -----.~- J; I GOVERNMENT BXPBRIBNC, . - 1976 - 1981: Member Boynton Beach Community Relations Board. 1976 - 1984: Lobbyist to Florida Legislature for Fraternal Order of Police. 1976 - 1984: Member - Legislative Affairs Cormnittee for Fraternal Order of Police (state of Florida). Also member of Candidate screening Committee. 1984 - 1986: Elected to Boynton Beach city commission. Appointed Vice Mayor by other Commissioners. 1985 - 1987: Re-e1ected to Boynton Beach City commission (resigned to run after 1 year due to district implementation. Appointed vice Mayor by other commissioners. 1984 - 1987: Member Board of Directors, South Central Regional Wastewater Board. Vice Chairman in 1984 and 1985. Chairman of Board 1985. 1984 - 1985: Alt. Representative to Palm Beach County Municipal League. 1984 - 1987: city Representative to South County Council of Government. 1983 - 1985: Elected to Palm Beach County Democratic Executive Committee. 1984 - 1987: Member, Florida League of Cities Ethics and Personnel Committee 1985: Representative to National League of cities. 1985 - 1986: Chairman of South County Council of Government. 1986 - 1987: Re-e1ected without opposition as Chairman of South County Council of Government. 1986 - 1987: Representative on Palm Beach County Metropolitan Planning organization - ~ t+/, I i - - I ,. ~. . . . 1st Vice President President - . Boynton Beach American Legion Post 164 Vietnam Veterans of America Member of Chamber of Commerce in: Boynton Beach De1ray Beach Boca Raton West Palm Beach Lake Worth Lantana Jupiter-Tequesta March of Dimes Jail & Bail Cystic Fibrosis Drive Committee Member, Palm Beach County Substance Abuse Program (1988 - 1990) Leukemia Society Celebrity Waiter (1985 - 1989) Committee Member, FORE Committee to raise funds for Substance Abuse Chairman, Sheriff's Office Blood Bank Drives PERSONAL Date ot Birth: June 8, 1946 Marital Status: Married to Trace. Alexander Ferrell Child: One son - Robert Jr. Born - 6/14/68 .._.,,_.-.-,"', -- I . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Jli-M .p()~Tt\f\ I NAME r- /35"0-(... flljd ~/;'t WIlt, ~t4C" rf. 33tF.';'~ HOME STREET ADDRESS, CITY, ZIP (LE AL ---- PRINC~JE BUSINESS STREET ADDRESS, CITY, ZIP (l W R 1"\ S "J.L ZJ. l't4n .~ , __~ -r I Ii Ii j) .) . - d ", '1: I J''J II ~ALlI/~~~ E. - Jj.;i-~r 'iIYI/ tJrJS"- :r4-~--1,')' HC~E ~HONE BUSINESS PHONE ON WHAT BOAH.j)~ ARt;. YOU i:f.TERE_Sl.ED IN~RVING ~ f.tf~D~(,::14rf""( c.t!:~ ) ~ I.V J L.. ~~ tll~ oAR..~t;S B ~-oMne:fE.il\~~"JtQ("lA>>) LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENT4~ SERVING OR HAVE PREVIOUSLY SERVED (P).ease inj.jUde dates) 10AR..~()F R:rl/.sT/1l!NT-" a4~lJT'f-~~Ar'(;1 (1 t>l'\M ~~s.. . . - -- ED23~TIOJL'L ~ALIFICATIONS II/~A_ }l,JHo.~ - McR.'t i 51 u.. all_L ~ftJ\) e.W '1 0 R J~ ~ 'J-A,liO-I2'" q~1"iDH ~AoQ. In /lp O~S --- - ._----- L~t ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. IQ.~+C)~ ":S.Ee~_1i~~_N H4-r~ 6A-N-K ------ GIVE .lOUR PRiSENT. OR. MOST RECENT EMPLOYER')> AND POSITIONgtlLfS rt.~.R ) · w. _.x:-_~ SIf, tn JI"k':~ '1'11 c L.l E i. ~iC)L ~LiU.J~~-pItL-!.. J FL .1!'~S -- PLEASE ATTACR A Bill' RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICAtION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. 4a-J I ~ _____ _____g~tt12_____ SIGNATURE -~ DATE ~ ~.~ l --------- ---"--- .. IF -- - -- ; . . eo m ft, ';5/o,J. ., c.rrY . . ~ I -r ~' C '- E- R 1< CITY OF DELRAY BEACH I{ { I-=\tr\ fl BOARD HEHBER APPLICATION NAME tJIA PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP PJD5" - a. CoS' - )~.5~ N/fI - HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING .. ~, Cl\.'~\ ~ ' ().., I~(\ - le(\\ct' LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ..- 'f EDUCATIONAL QUALIFICATIONS 1-11 tYl! ~l-. &:r?lfP JIlTE ~ST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. t€MflJE'R- l11.t:L.? Otfre~'f(1rt:~'l!L IlSc;i-;/:, CJ.lJP.y<; tJF Pt'l-rCE) _"_ GIVE YOUR PRESENT, OR HOST RECE~EHPL~ERt ~ND POSITION '~'16 _)EPf: OF ~1',f?/~71t)1L/:lJEw 'J< vI Y - 1f?~/t1 ~ {}P- 5APIi::.(j DESCRIBE EXPERIENCES, THIS BOARD. RI5UME. (Ju, ~~) 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 HY PART OF ANY APPOINTMENT I HAY RECEIVE. '-'N.~'-~-'T~ ~d~v ~t~DA~~ f</gl IGNAT E 'It?/". --,j..( J.\ J,,:,,7c{J '-' L.. . . J:"," 12, '_2~2~1 pz ;-;--l " I ,.(~ r/LlJ (;:,/ /5/9J .).. CJ../'. ..,.. . ~_ [ ~,;\",n ~ i . - ---_~~ ~. I t . CITY DF DElAA~ ~~;l[H April 4, 1989 Mr. Murray Sohmer 2345 N.W. 14th Street Delray Beach, FL 33445 Dear Mr. Sohmer: Thank you for your recent appl-ication for appointment to the City's Civil Service Board. Your application has been filed with the City Clerk's office and will remain on the permanent listing of individuals interested in serving on the various boards and committees of the City. As vacancies arise, your name and application will be submitted to the City Commission for appropriate consideration. Again, thank you for your interest in the City of Delray Beach. Sincerely, .. !~~:~a~ City Clerk EA/AJM/m cc: Ci ~y Manager . DA VID H. BLUDWORTH POST OFFICE BOX 2905 " HI. ~ II OM""Y WEST PALM BEACH, fL 11402 ( 305) 820-2460 - , . . . OFFICE OF THE # -- ST A TE ATTORNEY 11t-1'"'< 1 II JUllIlHl UIKlIlT ot- tlOMIll,\ l~ ,"ll HJM '....lM KlALli COUNTY November 3, 1987 Mr. t-11rray Sohmer 2345 N.W. 14th Street Delray Beach, FL 33445 Dear Mr. Sohmer: Thank you very much for your note and the re5ll1re that you attached. You certainly have an impressive re5ll1re and credentials that few have or can obtain in law enforcerrent work. I t.,ill review your offer to be a voluntary investigator with the Chief Investigator and others so that we might be able to make sane suggestions to you for assistance to us. Thank you very much for your interest and kind 0 fer. DHB/llk cc: W. J. (Buz) Patterson I , ,1.1& i / .- . . - -- . . ~: ":J.,, . 1 :;'~.'}. .~:<. -...~ '. . .... . . ,~: . ',If.. :~ ',,' ~.~. ',. . " j .' . .~. c . i .::l :; ". _ I ' '. (1) .... J () Ctl . I. (1) is:., ~. _ . 3 ~Ctl ~ o'O~~ . ! "~CI\..:.:....., ! '1 ~ ._ ~ A~ ~. ,-+ ~ \0 ~ ~ '\,J '::T Z' ~ ~ ""- (1) -io . 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C:ln. . ~ - ~. ~ .... ~ t= I f:) : I ~ 0 i .ro l : t:J5 ! ~, a t, I n H ! j ~ u ~ f. I ~ I ~ ~ r1 ~O~1JQ .0 r- 1J:i roo' · ..... 3 ~ :-3n~a I .m~~~ I t: '"1 o d ~ ~ ~ f.n : I ~ ~ () d ~ , ::s M fj = ~ 11io:;-~ 0- ..... ~ n = e 0 ~r+....~ I ,., ~311i= 0 .rn (:) .-c ,., .0 j t:l ::r ! ::r- -. ~ rt' tn I .. 11i Q I d :J. I . .\ , ~ I 0 ... ;. ~ .... I Q I . = ! - .. , ~. I ! ~ I C .' ~ I s:. . ::: ~ I I ::s ~ ~ I l ~ \ -::.----.~.~.........-.......a<<'~~l...~SJ,.;'lt~ :.f:I""'~' ~ ~ . . ," 'A;... .~.. .: ~I'~.w!"~,...), c '."'~' J.. ". . ~ - . ~ . . ~ .; j " , . \- .... , . . ,0 'f ,". . . I' .', ., " '. ~ -. ,. , I ~' , , I I m.UAl~Y 19.' _ Sa fety Officers' Hold T rai~in~\~sion . . · -I Classes of the nr;t safety offl(:e~' tion of a permanent lraillir.g .f"2d("l'llv. i training acadl:'my in the country. to be Trainl"CS aMendc:od an day c1.~ in ~ op<'ratro by lhl' I\l'W York State Dc- police. fire and safcty work. as well as \' p'lr1ml'nt or ~'l'nl:\1 H\gil'ne. ~an in flrit aid and public rei at ion.<i. : IX-ct'mber. Cla...~~ rl re hdd at tilC I nstructors for the training a\.1uemy : Slatl'n Island Insll!'1te fnr Basic Re- were from Ihe cil~' Poli~ Acadl'mr. the \ S<'arrh in Ment;'li H('l;'lrd:lllon. lift' traininl1: S('('\ice and the [)ep.ar1. Thirt~"one ~;'Irrt\. niTll'Cr; [rom ~tatc ment of Ml'nlal I fygil"'lll'. { imti(lItions Mmplelrd the (WU.....('('K Ra\'mo.,u Kehoe chid <"lkty o/Tic-..'r ' coursl' in rx'\.'t'mber. The ftr;t S<..'5.Sion. oi M',lnhattan Slate Iluspital i~ l'tlln. t a pilot program. was held in anlicipa- manding officer of the new academy. I -- .-- -.....--....... ------.... . - ------ ... r .. :" I. 1 . . . , . '. .- -----.----- - ~~. .; ~Tr...1~..~~;:.~~.;~.'_.:.: ~.: ~::.:" I r t .. ; ~. . ,;j.,:. ,: . .' . . . .. ". .. . ". ~- "I . .' '. .. . . . ~"',. '. . ~ " 1 . - - ~ -- ~ .. .~ oj ~. :.",'" . . I, . - ;- .FURUAlY 1961_ Safety Officers' Hold Training Session Classes of the first safely officers' don of a permanent training ancientY'. Iraining academy in the country. to be Trainees attended all day cI...-s in operated b)' Ihe New York Stale De- police. fire and safety 'A'OI'k. lIS 1ft1l as p<1rtment of MenIal Hygiene. began in first aid and public relations. ~mber. Classes are held at the Instructon for the Iraining academy Slalen bland Instilute for Basic Re- were from the cilY Police Academy. the search in MenIal Retardalion. fire trainin~ sen'ice and the Depart- Thirty-one safely officers from stale menl of MenIal Hygiene. insritutions rompleted the two. w('('k Raymond Kehoe chief salel}' offi("('f' rourse in Ot-cember. The first session. of Manhattan Slate Hospital is rom- a pilot program. was held in &nticip.. manding office.r of the new academy. , f ' II' : I ~ I: r . , d \ if . I; '. II JI ! 11 ; I! ; il l . -., _...~-_. .... --- ... - --. ----- .. -. : r ., "./' . .- . \.. . : I ~ ~ : , - :; . . . "f '!' ~ I - -. '-- ... - "' . - ~,,~rJ*".J"~..'-.~:-~.,:.::..~;; .. I. . . , . ~ ,...,. =,o:r '1J ,- ~ . v;:!.. V) _ -.J _ _ (J'J ~ " c ~ _""j0'" A ~ r; ~ "0 .....; __ -J - -. ~ ~ ~ ~& ...: . ;::- r"I - ' ~ ~ '. ~ . - :: ~ ~ 0 t;l ;:: ..... '" ....-s ~ -- - ~ ~ ~ ,- n r--.. =.. (') \J~ \ !..;~ :::. rf] (to S Pi 1:R ~ ,,' '" ..... 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"'~jai'~ ~ ~ :) ~ Rf:J. .1It:" I;!:..' . ... .. c ~., (.... ':r:% ;". i.. ( . "&\iiIDIlJIII" ....1....; .. f '-'...~.....~. l r I , ~,...... 1,; <.. ::; . 0.:.; or .... I .i r:II r ~ (.1 kit! r..tr- eJl' t \~ S Cf~ GL ..'" '. . oW : ~ I .... " ......".. ~ \:' .... . J ~ 1 ,.... . _.r;. _.' _ .. _..., .' I~ I! ..-'. ~ '.J .,..: '-'I ..... It ...~ r:~ r. ''I''"' r~ 1 _-.,, . . .O~ I .~~~J~:;;...: . .. 1 , i .1 I' ) '-, j P'tN ~ ..~ ~ i ,,~. I '. I " ~ . - , ,. 1 .' "~ . - .' -~,...- ~~- . I i .'. ~-,,&. . ~ -.. ,.,..r~ I ~ . ~ ~ .. J 4 ,'. - ~ . .. . -... -- 4 , -":"~.tIt-: ""..,. ~ SOT. MUlUlA Y SOHMER. in charge of a New York State Suety Division Motor Scooter Patrol Here b what he has to say about his Lambretta lSO/Special and how it helps hUn in the performance of his duties: "My Larnbretta Motor Scooter, which I use as a New York State Law Enforce- ~ ment officer, helps me cover my assigned beat much faster than if I were on i foot or in a patrol car. It is a most dependable piece of equipment, in many , cases I can jwnp sidewalks, ride over grass, ride between buildings and is excellent in the control of parking problems. " - ~ , i ftAI ~- . .. t~. ", j";l,\V YlJl<!\ LII 'r' . " . .......,. I,. , :',~'t' ~ ."';' -'" ~. .. ~ .., -I "ANsrJORTATION AUl'r';II\lISTR.AT10N -- ~I..,'..',~- ,I ~ . \- '.: ,.... ~'~. c:-::;>r~' .: .. '..'- !:--~~-"\ l:::~ .' :.1 -':-'..i.J ..... , :; :;...~ -' ~ :~-; . ~ .~ ..'....:;~ Dr'p -\PT' ''C''r' OF HIGHWAYS ,',. . ,.......,.~':': .--...~~, l- ./ "j / 'v I ", I ., .... ?'~~:'~,,:....' . . '''t');~~'' . .1)/::~',.~'(, . r;t;':J'r jt"'.'i '... i~I;IJ (2::!1 $Ii'.; 35:33 . J . . I '. .. . . ~..k;",,(',~l ,J L:;t:.:~ - j . ~." ~'. A;lthtJr./ R Mr.lerUS0, P ~. I .:: 1.;JII'I';i,'~:: -:..- , , Cepvly Adm,,.,, ,/fdl,>r} Comm'H,;Jner I . : : " 0' , I . I 0' '0 ,. Fabruary 13, 1975 . . I : ;"~J I ," j :~.'/:". I ;~...: . ; t ",'., 0 . " . . :-i E 11 0 R A ii 0 U /1 I ' 0 , I TO: Departr.1ent of High\'/ay Personnel I . ; Fk0i1: Henry C. Sloan, P.E. I " .' \ ., Asslstant Con~issioner , ' .- , . j' .- RE: Nur:ray Sohmer - Safety Officer , ~ i . " . ~------------------------------------------------------------------- I ~ ,", . :i ~'~ ,r' TI1 i s i s to reaffirm the filct tnat iturray SOl1fficr .":.. ';' t~ . is the Director of Safety for th~ Departr.lent of Highways ':.~.~.;,'. . ::;". I.... ) and hcJ:i the O'l~ra 11 respcnsi bi 1 i ty for effectua ti ng ....... all er.ip1oyee safety pt'ogrJ:,ls. t\ss;stinl] hiil1 in ids '. . " : efforts are fiv~ (5) coordinators, one in eacll boro:J~II. \ Since it is eX;Ject~d thilt t:le FedcrJ1 Occupational Safety and Health. Act (OSHA) ~Jill be r.ldd~ applicaiJ1c: to tll~ City of r1eH York as a result of ~tate ~naiJling legislation o . in th~ near futur~ and tiler~L)Y rllandJtirlCj certain saf~ty .' " procedures ilnd standards in City dg~nci~~ it'is rcqu~steJ , '. . , tilclt J'\.lU continue to cooperclt~ fun.:! '."1 tll I'~r. $ohJr.~r in his efforts. ,.:" . , , , ,- .., . . ~ / .I . /. , , ." ,~, '.., ~I -. , /. ..1. ,-. ~ ..... .' -' - ..... J'r'" ..,./ ....... ~ .-........ " ". UE::RY c. ~LUJ'\LI, P.E. r i\SS! ST f\:'lT Cad; a::,::) lJ!lER , , , , - cc: COifiH. i\ri1eruso, ole Garvey, Die AZJdiJn, K. ~adl.;;c, J. i'~i:Tisu~, K. erowm, W. Gaier, J. Fior8. T. i{esnicK, k. SUlln, L. l';esso -.. -,--..-'. - .." , . ., ., . . i'~u:-r~v Sohm~r -2- R~fm~r) A~ the Scrr.e~nt in ch~rea of thQ Motor Scootor Unit, tra1ned ~~d cuperv!s. ennrox1mate1y 150 cfficcr~ in tho uco of motor ~cootcr~. Introducod the use of the motor scooter for patrol duty on Stato facilities. Received a :~el'l ~.ork St.:1t-3 E=p1oyccs SUGeest10n AHa.rd for th13 innovation. Th1s 1n:'lovat1on "'ms first used six years prior to r;otor scootor UGC by ti; f:ew York City POllce I;cpo.rtrncnt. S CI"v.cd as ,0. conEJul to..nt to In~pcctor Sprc 1n the ?'C~'l Yorl( City Polic.:) DC!,Cortncnt, n.nd ~SG13tcd him 1:1 tho crc~tion or a motor scooter p~trvl unit. It presentlY numbers 1,500 ocooto~s. 1:1 :.ddltlon to rer;ul.:.r du'.;ic: :-.l,; the r,'1:lh~/ct.:l...~ S'c.:.to Ccmplex, \'l::;lS scloctc~ to bc~ln the l:e~... York St.:.tc S3.fcty Officer3 Tr~lni~...:.,,; :,.-:..,dc::y on St.:l.ten Islc.nd. As chlef 1ns:ructor .:.r.d coordln.:.tor fo~ the Acndc~, des1gned th, courso of study for the training of 900 Stato Security Officers. 11C;7 - 196? A331st~nf. Comm1ss1oner B: Ir.stitution Pollcem~n 270 Bro~dt,:.:lY State Excapo Un1t (Plainclothes) Nc\'l York City One or three orflcer~ as~1~ncd to Co ~p~cial apprehens10n tC~Q to cover th~ entire City of New York. Our job Wo.o to lnvestlc;ata end apprehend ar... dan~erous escaped ocnta1 p~tients from the State of Haw York tlho was con- s1dcred da~crous to hl~301f or others, and return him (or her) to tho nearest place of detent1on. Our record for f1vo yonra WQ.S 37% nrro&t and return. - Prior to 19,7 In nddltion to being 0. Plainclothes Security Officer with the United Natic employm~nt h1story 1noludes sorv1cQ w1th P1nkorton's as an undercover operative. F.DUC^TIOtt 1. l~e~'1 York City Safety Advisor to t1syor B~nr.:a - 1973 to 1976. 2. Internatlon~l Association Chiefs of Police of Aocrlc3 - 1973 3. International Association of Narcotics Enforcement Officero - 1973 4. ~!e~" York State Fire l'tarshall - 1970 - 197:3 I S. New York City Police Academy Ccrtirlc~te for complet1on of a co~rse in Scientific neBe~rch: latent prints - 197~ 6. New York City Police Academy, a CIC course; plainclothes - 1972 1. Fire Superior Officer's Diplo~~, 1969~ from tho Now ~ork ~tate Dept. '.or Mental HYgiene, trainln~ department. · 8. Certificate, New York Stato Safety Training Academy Superv1sor's cert1ficate - 1968 ~ 9. Office of the Governor, ncw Yorl< State Firo Course , firam~nship, ce~tificetc of completion - 1968 lO.Instructors Cert1f1c~to, New York State Education Training Department (safety and security) - 1967 11.Theodore Roosevelt H1gh School, New York City, N.Y. PF:R~O~tf,L DATA: - ~~c: 66; Marital Status: !-::lrr1ed; 2 children; Mi11tary St3tu~: Honorable Discharr;e, Y'i. P. USAF; Acenable to travol; Personal and business roferences aval1able upon rcque~t. . . , , 11 ), I ..- .~ 1 .' ....~ & .. "- "- . . ' , . .. ...:..:c~ ., . . ,-, f. ~ 1 ... ~.... .-.. ~4 t '.'-1 . . r ':~.::~.J 1,; . - -. .......;'..-.:-j ... . ~~" ...,~-:-:- , . . . STATE: OF' NEW YORK -- EXECUTIVE CHAMBER NELSON A. ROCI([FELLER ALBANV IZ2Z~ GOVClltlllfOICt . , . , June 8, 1970 Dear Mr. Sohmer: It is a pleasure to commend you on your selection to receive a merit award for your suggestion to establish motor scooter patrols of hospital grounds. Personally, and on behalf of the people of ~Jew York State, I want to express my appreciation for your efforts in improving the efficiency and economy of State Government. Sincerely, /: -:~---~7 //--~~~ ~)~")t:~~;;;L- '" ./ Hr. Murray Sohmer // 5445 Netherland Drive Riverdale, New York 10471 , . I .. ~ . . -- ~ - ~ - ;.oJ - .". .....- - ~ - ... .- . .- - - - - -- - - . -- - . .' . , " - - = .., I - ., - -- ::l - \~. .. . [-,()eal Sectl,.;/Y' .... - .. . . . I - o jj~;ce r Pr()111 ()I (,(f - -' I - I ...... I I To }~(llllr () J' (;// ;ej' I ",.' !\1urray Sohmer. 5445 Netherland Avc., a :'\ew York Sta te Sccurity Division offieer, has been promoted to the rank of Chief t the highest rank in the uniformed division. :~ Mr. Sohmer has been with the . . -.' . , .Security'~Divi~on since 195fl. He : was instrumental in creating a . 'motor scooter !Jatrol within the , . N.Y. City. Police Department, for , . . . .. which he~'received a cash award . ", " and letter of commt'nda,tion from '. . '0 , 'Governor Hock~feller. ; I . ^ World W~l II Air Force , I veteran, r-.lr, Sohmrl' is 51 yt'ars i , old and is n13rried to the former I \ ' , Hoslin \Veiss. I Ie 3nd his wife hnve lived in Riverdalp for eight years. TheIr (\'/0 chilctrcn Karen :"Inri Stpnhpn. are hoth married. .-- .-- t.- l ',. ::ii - ., .. . , , T!urray Sohmer 2345 'f.U. 14 tho street Delray Reach. Fla. Tel. 305-265-1234 . 33445 . POc;ITION ORJF.CTIVR: Experienced Chief of S=.foty "...."'lj, Sccuri ty, ~'l1 th vast cxpcrlenc13 in law cnforcc~cnt, seck3 po~itlon cs Diroctor of Safety. Director of Secur1ty or D1rector of. Public Safety. I ! ~ Ti~"? r,?V' 0'" (1 iT ".r, I:' T~ A T ~ ()":) : ... '1.. r '.. f'~any yanrs of divers if tad, prac t icel experience in tho follo\S1n[; t:nportan', ~rC~3:' dCZl~~ ~r.d l~plc=~nt~tion of Gccurity and ~cfety (Policc-Fire)... lnvcst1~atlons and accident lnvcstlsatlon...eoph1st1cated lcnowled~e of police techniqucs...1~:cr~~1 and cxtcrr~l secur1ty procedures includine nhysieal pre~lscs protcction...rccruitlnG. hiring,'~"'ld training of securi: pcrsonnel...admin1strative ~nd ~upcrvlsory cxpericnce...dopartmental budgeting...security orientation of all employees. I F.HPLOYHF.fiT RECORD: CONIo'IDEN'TIAL Aup;ust 1973 - Aprll:~'l'976 N.Y.C.Dcpt. of Transpor~ . Director of Safety tion Administrat10n H1ghl'lays Dept. - Responsible fo~ sc.fety on th~ h1ghi-:ays of' Now York Ci ty. also 1 ts personnc to purch~se and prepare a safety cducat1on~l progrnm, to admlnlDtcr n~l rcco~ner.d ~ny proccdure~ related to tho iDprov~mcnt or onmo and to report to the Com~lssionor of Highways dircct. Member of H~~or Bo~me' s Emergencj S~rety Council. .. " and Fire) , Dept. ot Mentsl Hygione I Queana, New York C1ty i Prosently r03ponsible for the S~fety and Security of thls faci11t1 and I i to employces. Supervlses SO officers 03 l'lc1l lUl Po1ico Cadets. . Responolhle for the adm1nistration and supcrvio1on of pollco. fire ~nd safety facl1itleo. Required to lnvcstig~te c~tterB. concerning those n~cc~ Instituted new, cost saving and innovativo methods. One of the lnnovatlon is the proposed use of a now alnrm devico which '1111 prevont death to peonle cccidcntal1y locked in walk-in refrigerators or rre~zero. ':'J115 device is to bo utilized throughout tho State of NO\"l York 111 lta various agencies. An a''''C1~d has boen offered and will soon bo roco1 voa. for this innovative suggeBt1on. ., lC)62 - 1970 ., . Hanhattan Stato Hospital Sr,t. in charge of the (Harda Islruld) ~totor Scooter Unit New York. Now York . '. '" , . . ~. 0 b~q ~ 3- ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Co: '(/~ '.(u.G- t';- 2-f3612- C? NAME l1eO/lJO/V-;- L -sb7 j)6llh1 ~A-d-I, F~ -3 oj ~Pt,6 HOME STREET ADDRESS, CITY, ZIP (LEGA~RESIDENCEi S~ - PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ----- tfc/7-~'i7-kJi) i) S'd'1t1 -e HOME PHONE BUSINESS PHONE ON WhAT BOARDf ARE YO~NTERESTED ,IptJ~ e ,Ill ~6riV/l..~ ~ I) J #-It LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) NON~ - EDUCATIONAL QUALIFICATIONS IVY L/ 19~, A./'(LI ~~~J~ 1~1-, - c:JLIST ANY RELATED PROFESSIONAL CERTIFIC~TIONS AND LICENSES WHICH YOU HOLD. IfJbt,.,~ 6' f II/eI.v t d_f.&jJd'J1,,1d, ~a I.lc6v~) rO'll"~e,,I I A/fu"~~ /14o"-'z' ----- - GI~ YOUR PRESE~ OR MOST RECENT EMPLOYER, AND POSITION ,cr,lt~u_~ 'I~ TO SERVE ON ~.f) - - . - ,,' PLEASE ATTACS A BRIEF RESUME. ~ I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. -- tud ~ lv6~7~~6 ~/'?hu -- -- -------- SIGNATURE DATE , \ '- . 1t~"1 . . i '.~-,.~~ Lk: . - . /?f/~-:--I'Y~ t/.S ~"!. Fdk'G) /~tr ~o/se~~ . - - .." --.' /yt/t, -}fry ~ry of Sojr/tAPPS' ,-HV) 7cl 'J 7 -- - - -- - -- - _._-.- _. - 19.rY -It:' /fr3 t!Att11l6ttF1"",1/ USV//~6~.lJ ~~., .-- -' , ,J , . ~~_ (.,Q::IV,-~- ~Su"~)J _~~//~"'!'E~T_ - - .. - _.~ .__ -e. . .!!~~io~ _~r/~4V --------.------ -- ... . . - - - - - ...- ---- .". ---- -- -_.- -- ..... -_. ----. - . . --- .."--- . .- .- - ._. _.. - .. --------..-. -.. - - ..---.-.-- .._. ._ '_'. ~.___. .._ ._.____.___________ -0-- . _. -~-- - - . -.- - - .-....----- ~---- --_.~.. .-------.-. _. . ~_ ~4'__ __ _ ___ .._ _ ._._ _ -- .." --- .- ..- _.__.~.-._._--------- -_. .-- - - ._--~ - ------ -.-.- -....-- ----~ .- - -.. -'".- - - . ~ -_. '-'--- -.-.....-.---------- .------._--. "'."'-- -- ----- ---- ---..-..... . - -.'---- _...... - ------------ -0 --- .------ .-. -. - - ....._-- --_._-~-. -- _.- --- -_.._--- ----- -----_.----- .--- .' .- . - - -- - _. .._-. - . -- - --...........-.---.-- --.---. . --. ._---- --'-'-' - -_...~ .- .' ---_._---~ .---.---.. - _. ...--. --...- - - .- - --_.._------~~ ~._--_._-- -- -.----- ~ --.---..---.... --...--- - -- -----.---.--.-- -- ----- - -------_.--.- -- .----....---...-------- ---.-.. --.------. ~--- ---'-" -_. ...- _._- - .____L___.______ _ _.' ---.--.. . -- -..- . - -.----.------.-- -------..------ ~ -.-.-"..------ -'.- '-.'-. .---.-,.-.. -----, --_.' _. . -.-- - ._--_.- _._- -- - - - . - -. -- . _.. .- - --.----.- -- - - . -' - - , I . --- . . . - . . I CITY OF DELRAY BEACH ~ BOARD MEMBER APPLICATION NAMEj)O N /I L JJ 2/ M ~ e" /2., ]V11f ;tJ 7 ~J,I. ~,-r)#)~ /J l.,A r/~ Yl5'AC'<I fS~ HOME ADDRESS (Street, City, Zip Code) (L AL RESIDENCE AfJ/ltet. I,?t:, 0 b (Street, Cicy, Zip Code) HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU I~TERESTED I~ SERVING ~I\I/~ ~~~r//r~ 1;'OJtlJej) LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ~N~ J'e~ /' EDUCATIONAL QUALIFICATIONS R~SuMG' A 77' jC c,}J G'..lJ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD ,DL ~AS e J& e; ./ A 77TJUlG'dJ Re JVM~ GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER, AND POSITION eEAJ7'~,YJL ~L,II !);~UC JC~OLS. 0rL h,Alu'lJilILw~.1I.5. , , DESCRIBE EXPERIENCES. S~ILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD 4IfAS~- .feS' 1?6StJM~ A7f1lelllt.D - PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. X1~,L '" ;(/J~/I- P 199D SIGNA~ I DATE) ,., 4/90 . l ~-' l ...) DONALD ZIMMERMAN . 7344 Cluni~ Place . 2elray Beach, F:. 33446 (407) 496-)f~27 - - - GENERAL BACKGROUND Over thirty-three ve3rs of e"perience in the f~eld of public schoo 1 educa tiOl~; the las,: sev~nteen years as the Vice ?rincipa 1 of a senior high sc~ool with a student populati0n of s!ghteen- hundred, a professlo:1a: starf 0;7 one-hundre~-thir~y and a supporting staff of t.fNen t:;-:: i ve. PRO~ESSIONAL EXPERIENCE 9/89 to Inter ijn .';::::sistant Principal, J"ame3 ~h ~ son You:"q : .2 /8 :1 ,-''...inl.c-r :-!i'j~ ~ ..--: h () ,':. L .. Ba~/pc:. t, 1\1" ,. ... ~ . I as sUlned this position ~:1 order t' _. provic:.e administrative -' , 1 eel d e r 5 h i. P until the iistr: ct could f i 11 the rosition with a sui t,;.ble ;,ermaneni: candidate 8/7:.1 to VLce Principal, (en era 1 Islip Senior H~gh Sc~ool, 3/89 Central Tslip, ~IY . ~i Y rE:.sponsibi ~ities incl.~deG ~ 1. 1 phasf:'!'"; involv~j in the admi..nistra~:ion and sU;Jer'.ri.sion 01: "\ secor.<.1ary SI~I~OO 1 : teachE:r observation, budget prEparatio!'"' a:id mont1:"ori!:9, .scheduli:1'-l, security, student di~cipline, trd:1spo'l:'tatic,;,,\ , cu ~_.r icu 1 urn re'." iew and deve lopment, SupE".cvision of custodio 1, cl~rical and c3fet~ria staff. - 11/74 ~") e r ve d on Middle ;\ t 1 an tic States Eva1uat~on t.:ommittee. I WdS the Chairman of se"eral ~ey committ:es invclved in the evaluation of a Senior High Scho:il in Dutchess County, NY. 9/72 to Instructor of rnservice Courses for Teachers. 6/75 I tauqht a series of c::>urses for the Board of Cooperative Educational Services, Dowling College, Oakdale, NY. 9/70 to Instructional Coordinator of Industrial Arts, Central 8/73 Islip Junior and Senior High Schools. This position involved responsibilities in supervision and administration of the Industrial Arts program in grades seven through twe 1 ve. During this period, I was also responsible for teachinq two s~nior hiqh school o::lasses each semester. ;f, , I . Donald Zimmerman page two PROFESSIONAL BXPERIENCE (continued) . 9/62 to Ch-a i rma', of Industrial Arts, Central lslio Jl.nior 6/70 Hi g h S c :. 0 0 ~ , \..::o:l:-Cd.l. .L;:;11P, ~'i , My responsibilities duri.ng '_ :11 S period included supervision of personnel, budget preparation, purchasing and c'-1rriculum developr.-:ent. 9/56 to Teacher or I:1dustria -L Arts, Central Islip Jilnior- 6/70 Senior hiah School, Cen:.::-al Islip, NY. 9/55 to ':'eac1-,er of .L n d \..i S ., r 1 a 1 Arts, Dover " 1 tin s Junl:Jr- 5/56 Senior ::ign Schoul, LJove _- ?:ains, ~~y . EDUCATION New York Univ€rsity, Hcfstra Univers.ity, Colora<3o State Uni\ersity-1963 through 19/1: Advanced stl,diE5 i n e d ;.; cat i .:m a 1 administr.:\tion, supervision 2nd Vocational Educat:or.. City Co L lege of :~ew York: H~~ 5 ter of Scienc'~ ir. Ldu::.=.tion- Indl' 3trial Ar+::; 1963. City College of l~ew York: B a C :1 e lor of Scien.::e in Educ'ition- Ir,iu s tr i:l1 Arts 195). BrooklY1 Technical High ~choo 1, Brook 1 yn, NY: Academic Dip 1 omFl. 1951. r:'ERTIFICAT:.,JN -. -.- Permanent - State of New York: Chief Public School Administrator Sc~~ol Administrator and Supervisor Chairman of Industrial Arts Teacher of Industrial Arts REPERENCES Will be furnished upon request. . r. t '~,'~ I . ...... =""'- - . . .- ~ . MEMORANDUM - TO: David T. Harden, City Manager THRU: Alison MacGregor Harty, City Clerk FROM: Anita Barba, Board Secretary SUBJECT: VACANCIES ON THE COMMUNITY APPEARANCE BOARD DATE: June 19, 1990 There are two (2) vacancies on the Community Appearance Board. One (1) vacancy exists for an architect. . The architect must be registered and must also be a resident of the City and/or have principal place of business in the City. The term of service would be for two (2) years. The following architects have submitted their names and resumes for consideration: John Baccari, Richard Brautigan (currently serving on the Human Relations Committee) and Jess Sowards. One (1) vacancy exists for an alternate member of the Board. The term would be for one (1) year. In order to be eligible, the person must be a resident of the City and/or have principal place of business in the City. The following persons have submitted their names and resumes for your consideration: Sandra Williamson Almy, Dave Bodker, Robert Brewer, Anne S. Bright, Michael Caistor, Sam Portnay, Mildred Scherer (Mrs. Scherer will be gone during the month of August), Marc Shepard, Rettig Talbot, and Debora Oster. Based upon the system adopted by the City Commission, the first appointment would be made by Mr. Andrews (Seat 1#3) and the second appointment would be made by Mr. Randolph (Seat #4). camap.txt . g~ , . . / CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~ NAME 0~ G. ~CGAaJ I!21tJ f!tJC,~ ~ ~ ~ Fl- HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) C;CC N.PWOI!P.AL.. HW-f. ScxA ~ PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE ~.a. 00,.6 BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING e.A.e ') ID DF~I~. ~"'_p OF ~~. ~ ..~ 8). ~t-JI~ ANC) 2'cNtN8 ~O) LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ~~1CN', C:;.A,e, II) Ct= ~MifN"r EDUCATIONAL QUALIFICATIONS UNN. et.c:H et= ~..~ , LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD ~. ~n&c:T , eeN~k-n.. ~) &.lC. ~'1S t~... ~~. GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION A1..F · IIMA.ofeR) DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD IN S4Jnt P\.. A~ ~ ~ ~,r.. ~.d.4.~ PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~ ~8"II'l"O DATE 4/90 l , .' ---.-.,----- i . , - .._.- - --..- - - - ..~ -.... :. - ...-....-J . ~ ';,"'0 :.r;. . ~:.c.- _1"" ~_... ... ..~. ~ - r . . _ f . CITY OF DELRAY BEACH . BOARD MEMBER APPLICATIO~ . PAUL RICHARD BRAUTIGAN ------..- NAME 2877 S.W. 2nd Street, Delray Beach, Florida 33445 - - HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 80 Depot Avenue, Delray Beach, Florida 33444 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP (407) 243-7944 (407) 272-9086 HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Human Relations, Housing Authority, Historic Preservation, CAB LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY S E R V E D (P 1 e a s e in c 1 u d e d ate s ) None ---- EDUCATIONAL QUALIFICATIONS R. Sr.I--iD....ATchitpctllT::Il St:lIci1ea-Ela.__.A&M University B -Ar.chi r"'('r~AlIhllrn TTnivPT!':iJ:.y. ------------------------ -.------- _. ------- LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. ~egrstered ArCh1tecf-rTIorraa-;-cert1fiea Building utf1~-------------- ------- - GIVE YOUR PRES~T~ OR MOST ~18~lR~8~'s~ PfH~TION _____ President, Arc it ct, Owner, , . -- - . . --"'IA_ .- - -- - DESCRIBE EXPERIENCES, SKILLS OR (HOWLIDGE WHICH QUALIFY YOU TO SERVI ON THIS BOARD. E2Pertence 10 LOW LDCome nou.1ng, tt18~or1C ~reserva~1ont Re81den~ of 50uch Flot1da 38 1ears ~ --- ~---- PLEASE ATTACH A BRIEF RESUME. I HIREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLI ATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY REC IVE. ------.-- _. -----.---------- -'?zf-l~ J-~~----- - ------- -- DATE , 04"_ I 1 T ra-- . -".-- ------ _._- ~- ---- -- -----------_._---~--- -.."" -- - ---;-" 1 :& ....1 , About paul Richard Brautigan------------- P. Richard BrautJgan . th 20 i' Architect Wl over years exper ence ln Southern Florida, Mr. Brautigan has been in private practice over 4 years in Delray Beach. HOlding Architecture degrees from Florida A&M University and Auburn University, Mr. Brautigan has designed over 4,000 housing units and buildings as tall as 36 stories. A native of Ft. Lauderdale, Mr. Brautigan brings his philosophy to bear that buildings should be sensible as well as belong to the site they occupy. Having designed an extraordinary amount of diverse building types from a native 'Cracker House' to the highly acclaimed Saint Demetrios Greek Church in Ft. Lauderdale to the wonderful Gold Coast Railroad Theme Park at Metro Zoo. currently, Mr. Brautigan has purchased the historic Seaboard Air Line Railroad Station in Delray Beach and has started the restoration of the building for the relocation of his firm, Group Architecture South, Inc. Group Architecture South, Inc. was founded in Delray Beach in 1983 by Mr. Brautigan and currently maintains a staff of 2 architects, 4 technical support personnel, 1 field manager, 2 interior designers and 2 clerical supports. The reputation of Group Architecture South, Inc. has been built on the highly creative Architecture of Mr. Brautigan coupled with the technical clarity and technical completeness of the firms Construction Documents. Mr. Brautigan was selected as Architect for the personal houses of such notable. a. Edward Ledder, Chairman of the Board of Abbott Laboratories, Warren Thomson, an internationally known Wall street trademark attorney, J. Allen Jones, for..r corporate counsel of Eastman kodak, Colonel Robert Conlin of NASA, Jack Gaines and Nathan Anhl~~ Miller, prominent South Florida Developers, Jerry Baxter, ~ng.~== President of Corporate Design Interiors. P M~18 Golf Course As Frank Lloyd Wright so aptly stated, "Give back the sloganArchltecture 'a good copy is better than a poor original' - to those whose desire for success out-measured their capacity to perform and who framed it in self defense." ~ close examination of Mr. Brautigan's architecture reflects che originality, principles and truths of which Mr. Wright spoke. 100 East LInton Bh'd. Suite 202-A Delray Beach, FL 33444 (30&) 871-9086 I , ---------- --- -.-.. "----- .~--- --..-.-.------------ ----- GA~ , ------ - ___,~~r Group Ar~httecture South . . Inc. P. Richard BrauUllan The following Client List demonstrates the unique and Architect diverse types of individuals, developers, etc. who found Group Architecture South, Inc. Nathan Miller - Developer Personal House Jack Gaines - Developer Personal House The Babcock Co. - Developers Cloverbend Versatile Investment Properties - Developers ' Windwood Restaurant - Delray Beach Po Folks Lennar Homes - Developers Boca Chase Diamond Equities - Developers Diamond Plaza Gold Coast Railroad Museum Theme Park Greek Orthodox Community of Broward County Church Edward Ledder - Chairman,Abbott Laboratories Personal House Warren Thomson - Trademark Attorney Personal House J. Allen Jones - Attorney,Eastman Kodak Personal House Whitehill Developers Hampton Club Steven Whitehill - Developer Personal House Henry Whitehill - Developer Personal House Hobe Sound Associates - Developers Hobe Sound Golf Club Holiday Inns of America Hotel - Maimi Jerry Baxter-Pres.,Corporate Design Int. Personal House Richard Bagdasarian - Attorney Personal House Castle Lake Corporation Apartments - Akron, Ohio Kissimmee Station - Kissimmee, Fl. Railroad Station Rehab. Louis Vitale - Attorney/Pormer Judge Personal House ArchItecture Land Planning Graphic De8~n Mode 8 Golf Course Architecture ( I 100 But Unton Bh'd. Suite 202-A lJelray Beech, IiI. 33444 (308) B7Z.WS6 I Ll 1t'~ I 1.#- 1..i.1!t . - --"._,-..,-- I , . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME ~(fS.SS M. ?OW~ u,Q4 ~ N.: ~~ 12t). ~\ ~ I PL. 33~~ HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) J ~~ ?EA~~ AVE:. 1:::::EU?A.\" ~\-\- I "FL. ~~~ PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) , HOME PHONE -Z1~-47aJ BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) . EDUCATIONAL QUALIFICATIONS C)~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD ~\<;.\62Et> ~'lCG'- , SI~1E DE-~"DA GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION uLJgJZ.\e ~~ I~ ~SlJ6. - ~eJ2.- DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD ~bn, ~ ~1fi9f.4t-, 1f6<<,. ~~"lt)1 'S lfN,> ,Al ~ .. __ A ~ '/'11Atf1N8- NO ?Ir.tt1ILJAt(, wmr ~Wf ~l'J'~' ~e;.> fit- AMtJ,;,ttS M;D ~J&JJ CONSlpOA-~~. PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE _UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. / ,/ / ~ ,f-2''j{) ./ -=-~/~~, ~. . DATE _ ~ - NATURE /' 4/90 I ~ i. . ..~~\ -----. JESS M. SOWARDS . 3051 'Kirklevington Drive #51 lexington. Kentucky 40502 (606) 273-3918 OBJECTIVE: INTERN-ARCHITECT Seeking a challenging employment opportUnity that utilizing my abilities and knowledge of the architectural profession and provides an excellent opportunity fa' advancement EDUCATION: UNIVERSI1Y OF KENTUCKY - Completed 5 year program with Bachelors of Architecture degree in 1987, EASTERN KENTUCKY UNIVERSI1Y - Completed 52 hours toward an Associates degree in drafting and design technology from 1978 to 1980. PROFESSIONAL SELF EMPLOYED - leXington. Kentucky - April 1987 to present EXPERIENCE: ARCHITECTURAL DESIGNER presently designing several design conceptions fa' a restaurantJbar in Frankfort aloog the Kentucky River. PERSPECfIVES DESIGN GROUP INC. - Pikeville. !<sltucky - September 1984 to August 1985 DRAFTSMAN/DESIGNER successfully designed and supervised over $1.500.000 in residential coostructioo. Responsibilities included client relations. site supervisioo. presentation/schematic and 'NOrking drawings. material/product selection. and bidding/contract negotiations. CAI - Pikeville. Kentucky - May 1984 to September 1984 ESTIMATOR/CONSTRUcrION WORKER successfully involved with project bidding and estimating on an elementary school. Responsibilities also included site work. assisting supervisor in interpretatioo of blue- prints. on site design decisions and labor work. PERSPECTIVES DESIGN GROUP INC. - Pikeville. ~ntJJcky - May 1983 to August 1983 DRAFTSMAN/DESIGNER responsible for all working drawings. 90% of the prqjects were residential. ranging from S2OO.<XX> to $1.<XX>.<XX>. 10% of the \o\O"k was educational constructioo. Direct cart:act with all clients. bidcIlng and cootract negotlatioos and logo designs. JAMES A. ELLIS a ASSOCIATE'S - P1ksYille. tcBntucky - May 198) to ~ 1982 DRAfTSMAN acting as assisl:a1t to chief designer' and I esponslble fa' compIetial and accuracy of wa1<ing drawings in architectural otftce. PrQjects included an ll-m-y otrIceIretail building with parking garage. 3-stay offtce building. shopping center. a religious sanctua~ ski resort deYeIopment and analysis. housing deYsfopment. city rennovatial plan and residential coostnJctiaI. Active duties included casn.tctioo de- tailing. material/product selectioo. site supervisioo. dient relatioos. code reserach. bidding and cootract negotiations. ADVANCE ENGINEERING - Pikeville. ~ntJJcky - May 1979 to August 1979 APPRENTICE DRAFTSMAN responsibile for completion of underground mining maps. surface mining maps. property plots. contour drawings and field/mining surveying. PERSONAL: Born 12-11 -60. single. excellent health, Enjoy a variety of sportIng activities. These include tennis. skiing. scuba diving and golf. , . -- . . I CITY OF DELRAY BEACH BOARD MEMBER APPLICATION . - - ~Rn~rR ~illiAMgon Almv NAME 1103 Vista Dpl M~r Drivo ~nuth Delrf'V :3eRch '1~481 - HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) ---- PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ---- "7e-!=i15l ---- HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING PIRnnin~ & Zonin~.. ----- ~ CDd..e. ....nforcp!T1ent.. ....Co'1'1ITuni.t.'L ''"IDPprance, .-~l..-':-LtYi..!" ----- LIST ALL CITY BOARDS ON WHICH YOU ARE' CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ---- - - EDUCATIONAL QUALIFICATIONS Snecip list in F.rluc~tion. University__of GeDr~ia. 197A,L .)1 f! c: t p r <l i n -c: n u C '" t i. <2!l.L en i v €' r <:; i t V 0 f Gpo r g i a . 197~; HachC'lor ----- f) f ." rt '" . Wpslpvan Collp~p. 1965 - LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. rlorina anrl Gpor~ia t~~cning certificate~ GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER AND POSITION Palm BeAch County School~, J.e. Mitchpll S~ecial Rducartion Center, BOCR Raton: Pro~r8m Coordinator DESCRIBB EIPP;RIENCBS. SKILLS OR lCNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. bilit to re~earch ~roblems utilize information o & as well as to an~ a ecific "re~l world" ~itua 10n8. dt'cision makin, and functioning in a nO!ntlon 0 PLEASE ATTACH ABRIl' RBSUMB. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~-:i 1", lVl.. 11 CUVU:j_ L ...:~'() - 1,1 --- ----_._--- ------ DATE SIGNATURE I ~ ,,~,t II (;., ./ .,... I"~'" ~A:-( - ;-,. /1<:' . (J.J./....,-P ,0,'/ J. / J...~d^JJ~ ~d J. ,~ {. ~....... .. -' ... ~A.{N.. ...._~J . r f , It .,t l , . I ,~~~!I ~~ I " . . . - - - SANDRA WILLIAMSON ALMY 1103 Vista Del Mar Delray Beach, Florida 33483 (407) 278-5351 ----------------------------------------------------------------- EDUCATION: Specialist in Education ,1978, The University of Georgia; Masters in Education, 1975, The University of Georgia; Bachelor of Arts, 1965, Wesleyan College, Georgia. QUALIFICATIONS: * Experienced in decision making and functioning in a position of authority * Proven ability to work effectively in a'group setting * Ability to deal with questions, objections and criticisms * Experienced in personnel administration * Developed and implemented educational programs of various types * Expert in public speaking and dealing with citizen groups * Proven experience in working with disadvantaged and minority communities * Familiar with interpreting and executing Federal programs and policies EXPERIENCE: 1985-1986 PROGRAM COORDINATOR, Boca Raton, Fl. Administrator in Special Education Center responsible for supervision and evaluation of teachers and staff; directed center in maintaininl compliance with state and federal saidelines for handicapped stadents; developed and implemented instructional programs. 1975-1983 SPECIAL EDUCATION TEACHER, Athens, Ga. Responsible for coordinating all resource special education classes within a school; functioned as assistant to principal and designated crisis inter- vention specialist. 1973-1975 EDUCATIONAL CONSULTANT , Macon, Ga. Conducted programs in school district for teachers and administrators on classroom management. 1965-1973 CLASSROOM TEACHER, Lakeland and Tampa, Fl. and Macon, Ga. __',N_ . , . . CITY OF D~LRAY BEACH BOARD MEMBER APPLICATION . Dave Bodker . NAME 801 Northwest 2nd Avenue, Delr<1v l3each, Florida 33444 I HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 1201 NE 8 Street, Delray Beach, Florida 33483' PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP 276-6466 276-6311 HOHE PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Camuni ty Appearance Board LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS Bachelor of 14ndscape Architecture - Louisiana State University LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. F10rida Registered Landscape Architect , GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Present - Self Employed DESCRIBE EXPERIENCES, SJCILLS OR JCNOWLEDGF. WHICH QUALIFY YOU. TO .SERVE ON THIS BOARD. have had 9 ~rs laroscape architectural am plaming-expenence'.1n:, South Flori . 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 Plo'T OF ANY APPOINTMENT I HAY RECEIVE. (--- ../_. D\~. 03-08-90 ----.- SIGNATURE DATE . , f1' . i i " .,". .."ic .... :u~~; . . dave bodker - 'anoscaoe ar~chltectu,e/ :~ o' .~ ,-,-. : 21.]1 '''; ~~_ elc;"r:~l street. ,-~e'('~', ~r:::aac-'-'. "',~(- L:1a 33":":8:;; ,~.~-J.276'63' -; DAVID J. BODKRR , ASLA President. Dave Bodker Landscape Architecture/Planning Education Bachelor of Landscape Architecture Louisiana State University, 1979 Professional Experience President Dave Bodker Landscape Architecture/Planning 1988 - Present Senior Landscape Architect Rhett Roy Landscape Architecture/Planning, P.A. Fort Lauderdale, Florida 1982 - 1988 Landscape Architect J. Roland Lieber/Raymond L. Uecker Landscape Architects, Planners Fort Lauderdale, Florida 1981 - 1982 Landscape Architect Walter Taft Bradshaw & Associates Landscape Architects/Planners Lauderdale by the Sea, Florida 1980 - 1981 Landscape Architect Peabody & Childs, Architects, Inc. Pompano Beach, Florida 1979 - 1980 Assistant Planner Community Planners, Inc. Baton Rouge, Louisiana 1977 - 1979 (part-time) I Draftsman Charles M. Hubbs Associates, Landscape Architects and Land Planners Baton Rouge, Louisiana 1976 - 1977 (part-time) Professional Registration Landscape Architect in Florida Professional Membership American Society of Landscape Architects Appointment City of Delray Beach Code Enforcement Board (alternate) Memberships The Greater Delray Beach Chamber of Commerce DAVE BODKBR LANDSCAPE ARCHITECTUREIPLANNING EXPERIENCE Landscape Architecture Carmel by the Sea, St. Croix, U.S. Virgin Islands Graycliffs, The Polo Club Boca Raton, FL Spring Lakes Recreation Complex, Coral Springs, FL Hidden Cove, The Polo Club Boca Raton, FL Crystal Bay, J.D.M. Country Club, Palm Beach Gardens, FL Country Point, Parkland, FL Sunset Cove, Plantation, FL Cocoa Pine Estates, Delray Beach, FL Fairfield @ Boca, Phase V, Boca Raton, FL East Landing, Cooper City, FL Agripost, Inc,. Dade County, FL Venetian Condominium, Fort Lauderdale, FL Lake Worth Willow Corporate Center, Lake Worth, FL Tam O.Shanter Plaza, North Fort Lauderdale, FL Somerset Mall Pizza Hut, Boca Raton, FL Linton Oaks Square Pizza Hut, Delray Beach, FL Mykonos Court, Boca Golf & Tennis Country Club, Boca Raton, FL Candlewood, Boca Golf & Tennis Country Club, Boca Raton, FL Marina Cay, Delray Beach, FL Meadows Pare, Boynton Beach, FL Delray Park o~ Commerce Tract E, Delray Beach, FL Scarborouah~creation Center, Davie, FL Cole Residence, Wyndemere, Naples, FL Clark Residence, Anne Arundel County, Maryland Weller Residence, Frencbman.s Creek, Jupiter, FL Planning Cypress Head P.U.D. Tracts E & E-l, Parkland, FL Lacuna Tracts D, B, C, and G, Lake Worth, FL Boca Golf & Tennis Country Club Tract F, Boca Raton, FL Parkland Tract E, Parkland, FL - } ti ~;"I i ~:i: . ~ ..:..... .~.~~ . Boca Golf & Tenn. , Country Club Tract D-2, ... ,~a Raton, FL Ivy Bay Parcels 13 & 14, Palm Beach County, FL OTHER PROFESSIONAL EXPERIENCE - Landscape Architecture Harbour's Edge, Delray Beach, FL Crocker Center, Boca Raton, Florida Military Trail Streetscape, Boca Raton, FL Tiffany Trace, Boca Golf & Tennis Country Club, Boca Raton, FL Fairway Landing, Broken Sound, Boca Raton, FL Fairfield @ Boca Recreation Complex, Boca Raton, FL Boca Pines, Boca Raton, FL The Country Club, Boca Golf & Tennis Country Club, Boca Raton, FL City of Pompano Beach Public Safety Complex, Pompano Beach, FL Streetscape for SW 18 Street, Powerline Road, Camino Real, Boca Raton, FL Streetscape for St. Andrews Boulevard, Boca Raton, FL North Broward Medical Center, Pompano Beach, FL Port St. Lucie Urban Core, Port St. Lucie, FL Watermark Condominium, Dania, FL Rigby Residence, Manalapan, FL Stein Residence, Boca Grove Plantation, Boca Raton, FL Planning Tiffany Trace, Boca Golf & Tennis Country Club, Boca Raton, FL Fairfield @ Boca Phase V, Boca Raton, FL Port St. Lucie Urban Core, Port St. Lucie, FL I CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 'ROB-t=.RT BR~\.'V~K NAME 339 E. ATLA1VTlc.. f\\]E D-ELRt\y B~tl 33i-a3 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) '1}\t TR.-ELL\S sH-oP - 'Sf\ME t\S A.BQV~ PRINCIPLE BUSINESS STREET ADDRESS, CITl, ZIP . _ Z7~-592~ 270-9712- HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING .D. D. A. c.. A E LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) mUCATIONAL QUALIFICATIONS ..B}.. M-A-JOR. I\f{T- M UJOR BuSI /J€S S - }OST ~RADVATC VJO~K- AD\J~T1S/tJ~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION THE"" lK€LL-IS ~i+c.P N\AIJ^~E"R DESCRIBE EXPERIENCES, SI:ILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. . 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. 6trr1Gu~7 ~ ~ I~~q , Js.~'__ J L . . . Having been almost a professional student at one time I majored in architecture, then in interior design before finally receiving my bachelors degree in art. None of this was a waste, however. I have 25 plus years in both retail and wholesale in the gift and home furnishings industry in chain stores and specialty shops. I have designed,help to build and display showrooms from New York to Los Angeles. I have done the same with specialty stores in the Midwest, Southwest 'and Southeast. I have traveled the world extensively and have numerous books and pictures of ideas that could be brought to Delray. I think the front of the Trellis Shop attests to what can be done. This facade cost less than $3500.00 I am sure I would bea positive addition to the DDA or or CAB' I will go to my grave still a student. * I read daily in a researching manner; newspapers, trade publications and home magazines. Magazines are frequently old issues ie, October 1981, Architectural Digest as most new trends are a recyc~ing of the past. - .' . . '-...l~ CITY OF DELRAY BEACH <'1 //:1/1 v BOARD MEMBER APPLICATION NAME tvZ ~L - ~~lf y~ HOME ADDRESS (Street, City, 2i Code) (LEGAL RESIDENCE) /I 0 t-ASr t=h.L~...V\-tI<-Rv'-<'f -W.{'C~ &~ch. :I ""53L.f4't J [ t PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) .j , HOME PHONE 2-7'? - ,~'S -/ BUSINESS PHONE '2 72-- C[,O() ON WHAT BOARDS ARE YOU INTERESTED I~ SERVING bIU/H - LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVI~G OR HAVE PREVIOUSLY SERVED (Please include dates) I\CY\.JL- EDUCATIONAL QUALIFICATIONS .;] \' a.(~U.\..CiL ~ ""rt"~~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD C ?,A. G11l \' j -~ \ '--\.'-.'-,<. ~\c\,....'v\.lLr GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION rvl (J....lA. a. '6 Q 5r ~ ~~ (..~<... u-r< J.e.. \tJ.o , DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD ~ ~ ~\ CottQ~ ~ J ~ ~d qoo ~ llt{flMff(... Au~ ,-. ~ \0~<3 ~oc1d\Cr-h ~'-f' ~:t o...c-1 PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. / ,T) ~ ((11L..../ 1/, / r; c;/C (~r ~ '.-tr /'\ ib-C1' } SIGNATURE I, I DATE 4/90 & Board Member Application - page 2 . . Work History July, 1988 - present Manager of Delray Executive Mall, Inc. 110 East Atlantic Avenue, De1ray Beach, FL 33444 1975 - present Owner of The Frame Factory 2435 N. Federal Highway,Boca Raton, FL 33431 1981 - present Owner of The Cottage Door 900 East Atlantic Avenue,Delray Beach, FL 33483 1966 - present Owner of St. Jouite Hotel, Inc. St. Jouite, P. Quebec,Canada a 75-room motel & hotel with a restaurant, tavern and Lounge 1967 - 1975 Owner of Seal Cove Stables, Inc. Had over 60 head of Quarter Horses Raised, trained, leased, & sold horses throughout the State of Maine 1969 - 1975 Managed Bar Harbor Candles with a partner. I was in charge of sales. Sold throughout U.S. to major corporations; i.e., Liggett - Rexa1l, K-Mart. I I I ______ I . ..... CITY OF DEL RAY BEACH ~OARD MEMBER APPLICATION . Michael Caistor . NAME 232 Palm Court Celray Beach ,Florida 33444 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 6070 N. Federal Highway SUi te 4 Boca Raton Florida 33431 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ',/oq/ ~- (305) 272-7091 ~ 7 vi- -- I ( 305) 994-4'445 HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING '-"_/::" (3 P lanninq and Zonir.q Board... \. f"~'~ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY. SERVED (Please include dates) Coomunity Appearance Board-1983 - ,J -r- 2- . L - ~DUCATIONAL. QUALIFICATIONS BA Landscape, SA Environmental Sciences, Registered Landscape Architect, ~-1asters of &1siness hJminstration Program, Eng~eer~ng Sciences. LIST ANY RELATED PROFESSIOUAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. SA Landscape Architecture, BA Environmental Sciences, Registered landscape Architect - - GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ____, rand Archi teks . President J DESCRIBE EXPERIENCES, SKILLS OR ICROWLEDG! WHICH QUALIFY YOU TO SERVE ON THIS BOARD. I.anJscape Ardti.tect, Iand Planner PLEASE ATTACH 1 BIIlr RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, urn I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICA.II.9N MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTHENT I MAY tE-iVE/ i. /J>? __ ;! ~A 1:0J;::!- 8/1e;-/87 _ t~C/ '/t"'0~ " ~ ~(,f ~ ( SIGNATURE' / DtA,T E . 0J/. ~4L 4J-f ~~ J.A.., .AfV'~ j2fJ/1 s.~~ i., , !It'~ 1 -- THE FIRM - . The Michael T. Caisto"-Design Corporation is a young and grOWing firm which offers a broad range of services including: LANDSCAPE ARCHITECTURE: Total outdoor space planning which integrates man-made and natural features to achieve a more functional. aesthetic and marketable solution. LAND PlANNING: Master Plans, PUDs and other permit documents for residential. multifamily, commercial and Industrial orOjects are executed with an emphasis on practicality. SITE CONSTRUCTION SUPERVISiON: SUpeNlSIOn of landscape and sltework construction assures the client of quality workmanship and a cost effective result. INNOVATIVE DESIGN: Custom deSign In related areas of special product design, graphics and marketing to rr,eet the clients unique project requirements. PHILOSOPHY Our philosophy is to constantly strive to find a "better way" by seeking fresh and creative solutions, We believe form follows finance as well as function so we provide services which are quality onented, on time. and within budget. Our enthusiasm sets us apart from other firms and we'll go the extra mile to provide excellent service, ,.....\ QUALIFICATIONS Mr. Caistor and his associates are \OJ811 rounded in the backgrounds of the tine arts. technical sciences and business. His credentials include: REGISTERED LANDSCAPE ARCHITECT: State of Rorida. State of Texas ENGINEERING SCIENCES: UnNerstty of Marytand BACHB.OR OF ENVIRONMENTAL SCIENCES: Cum Laude. State University of New York BACHB.OR OF LANDSCAPE ARCHITECTURE: Cum Laude, Syracuse University MASTERS OF BUSINESS ADMINISTRATION PROGRAM: Florida Atlantic University The firm's involvement in community and professional organizations helps us provide the client with state of the art methods and business contacts helpful in the implementation of the clienfs projects, Our associations include: AMERICAN INSTITUTE OF ARCHITECTS AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS PALM BEACH COUNTY PLANNING CONGRESS AMERICAN MARKETING ASSOCIATION ._,.- -,'. lJ ;:,~, , ~! ..:,... 'Mirl: __'~ .__a._ L r . - --- ~y# ~ . .... . ~'-.;....... ...: -.~ ..-~ - /' ",.....~-,... - ~ '.. ;"'~'- ~ ,~., ~~' .i'~~ ~ ~ ...,. ~ ='*';.., " Successful Land FIG1 Planning for a Harmonizing Site Higher Quality and Structure Environment '-4ormonlzlng site and structure !s !m- Residential. commercial and Institu- pcrtant in acnlevlng a visually af"lc func- tional decision-makers are finding It tlonallv corerert environment. This can, necessary to provide a higher quality be accomOl1shed by providing distinct environment to meet the needs of the areas for puOllC and orlvate outdoor' public. This has made more sensitive site space while tJlending buildings with the planning and landscape architecture natural surroundings. For Instance. in the an integral part of the building process. Sanyan Club Villas (Figures 1 and 2) Land While more recent attention has been Archlteks use a simple yet effective site given to the environmental aspects of plan layout to achieve the developers 3 development process. much im- stringent density requirements, Berming ",Iovement is possible through more and dense foliage enclose private areas advanced design techniques. Planning and a unified streetscape and open methods which address more of the space design create a neighborhood I Jsers activities and the unique attributes atmosphere. Michael T Caistor. presl- f the site result in a more successful pro- dent of Land Architeks explains: Ject. Creating pleasant spaces for "Our firm has worked on all types of site human activity and integrating site with plans: residential and commerclc!' iarge architecture results in a project which is and small. local and international. The more appealing to the client and the greatest challenge we have faced is to public. make the best use of a tight site:' FIG 2 lIOVNTON IU04 IQJLEVNID -,..._._~ FIG4 p,. Integrating the Character of Architecture and Site To create harmony between site. struc- ture and human use one also must con- Sider integrating the architectural style with the natural appearance of the site While recent attention has been given to site planning which Incoroorates natu- ~ rallstlc elements rT'ore Improvement s possible With deSign 'eC:1r'laues ."'::;' un,fy :re style 8f :re c:rchltecure ,'9 amenities and landscape Too ofter' s!e amenities are Installed but are not 'roe- grated With other site elements Lora- ~'- scaping IS often used as a decorative feature with an emphasis on "lush land- _.......... _. .._ ...... .#'11 ... t -,-' -- - - l_ ~ - ~~ I -. . more information contact: Michael T. Caistor Land Architeks 6070 N. Federal Highway -... Boca Raton 33431 '- 994-4445 12300 Alt A1A North Palm Beach 33410 738-0505 ... ~::;. ~,.. ~.- .. . .. . - ., '" .. ."'~, . ~ . 1ft, FIG 3 . . " \ :.. .i. r---&!",.,: f -'iiO~~ land Architeks uses styles of landscape architecture which match the form. color 't and spatial relationships of site and struc- ' ture. A transition is created between the man-made and natural elements of the site, For example. the landscape forms of the Flagler Bank Prototypes (Fig. 3) match the forms of the architecture, The Re- clinata palm in the foreground flows three dimensionally with the glass block of the building creating a unique image for the bank. In the Sunpointe Bank at the Boynton Beach (Fig. 4 and 5) the colors of the building are matched by blue. silver. white and yellow flowering plants. Mas- sive Canary Island Date palms reflect the columns on the building and give stateli- ness to the project. A residential example of this principle is the "Art Deco" model at St. Andrews CountryClub(FIg.6).lnthlsdellgnabrlck Results: Greater Client Satisfaction paver court announces entry Into the house while landscape forms match the flowing form of the building. The unique Designing outdoor spaces for human ally interesting project. Integrating site geometry of the architecture is reflected activity and harmonizing site and struc- and structure can achieve a design in the geometry of the landscape while ture produces a project which is more uniquelytailoredtotheprojedwhilealso still maintaining a naturalistic feeling. appealing to the public. This creates blending into the natural surroundings, 'We are reaching beyond typical greater marketing potential for a com- These techniques. in addition to good landscaping and making an architec- mercial project. citizen satisfaction in an basic land planning and landscape tural statement rather than just a garden institutional project and owner enjoy- architectural practices. result In a prOject composition:' said Michael Caistor of ment In a private project. Creating us- which stands out among Its peers as ~ Land Architeks. "The result is a more us- able outdoor areas nets a higher return first class product. able, interesting and unified prOJect." for >r,e Investment as well as a more VISU- FIG 5 --- ---.- - == ----- t ,:\~;. ~ "-<,,-' , ... '\,'. .,,. ~ '~ ' # ~ . - - t. -./ '. . _ t . '. .,. ; ...4 "',-. " r". ~ -- ~.:..~ ~..I..l_. :; ~i. P. .. I I~,I~" _ ,----- -~ 1~...,,,,a; , jI e . REPRESENTATIVE PROJECTS AND REFERENCES SUNPOINTE BANK Boynton Mall, Boynton Beach. Florida Multistory modern style office building. Peacock and Lewis Architects, West Palm Beach, Flonaa 655-4063 . TALMO ESTATE (private location), Florida Landplannlng and Landscape Architecture for 15 ece reSidence Including private lake. courtyards, gardens and equestrian fecllt'es SLATTERY &. ROOT ARCHITECTS. Boce RaTen, =or1ea Landscape Architecture for Offices. InCus~rei PerkS c:nd '<esldences, Paul Slattery. Doug Root 392-3720 RANDALL STOFFT ARCHITECTS. Boca Reter =:"80 Condominiums. Offices and Resldent:e~ '_'':::'8sc:;oe ':'rc~tecture Randy Stofft 994-4581 THOMAS COMPANIES. West Palm Beccr, =:r ::c CommerCial PrOjects Including Charter C,,=,r'ts' 1CO= C:;,:,gress ana OThers, Roger Thomas 683-3700 MSM ARCHITECTS, West Palm Beach, f=lcrcc: CommerCial ond ReSidential Landscece .:.'c'teCT'....re Delphin Menendez 689-0714 ALAN STRASSLER ARCHITECTS. Palm Beach Gardens, Florida Projects including Northlake Executive Center, and others, Alan Strassler Architects. Palm Beach Gardens. Florida 627-0336 MAYFAIR COURT. Delroy Beach. Florida Urban Landscape Architecture for office and retail courtyard. Ferber McCracken Development. Delroy Beach. Florida 272-3197 PINe mee PLAZA Boynton Beach. Florlda Landscape Architecture for Shopping Center in Downtown Boynton Beach. Digby Bridges. Delroy Beach. Florida 278-1388 FLAGLER BANK PROTOTYPES. Palm Beach County. Florida Landscape Architecture for new Modernistic Prototypes. Peacock and Lewis Architects. West Palm Beach. Florida 655-4063 LES BYRON ASSOCIATES, Ft. Lauderdale, Florida Commercial Landscape Architecture, Ken Carlson 975-3400 EVERGLADES CLUB, Ft Lauderdale. Flonda Landscape architecture for high rise condOminiums, Tarantino Development. Ft Lauderdale, F~orlda 564-1002 'NESTERN AND CENTRAL FLORIDA AR EA California Feaeral Bank, Siesta Key, Fiorlda Players Club ReSidential Compiex, Ft. Myers Seville Country Club, Orlando and others CUSTOM COUNTRY CLUB RESIDENTIAL LANDSCAPE ARCHITECTURE St. Andrews Country Club. Boca Grove, Stonebndge, Eagle Trace. Martin Downs. PGA Nationa! and other fine communities . i ..ilIiIL.~1 I . . . ."."._,-~...- * / " CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~ftM. -P~iet't\~ ~ NAME , 135"0 - t fll~ f",;'t Mt iet4cJl /'1- 331{-oI-5" HOME STREET ADDRESS, CITY, ZIP (LE AL ---- PRINC~LE BUSINESS STREET ADDj5SS, CITY, ZIP () W D A P S '~L ~ i"t41'J C ..~ , ~L.1!5!.li ) . · '" .... '11 f'J II ~A &.I V~~ ~ f. - Jf.;j-4ft' f"/'f1./ :JpS-- ~~~--1";' HeME PHONE BUSINESS PHONE OK WHAT BOAHJl~ ARF,. yOU ~TERES1}D IK.>>RVIKG ~Dte~~t!rrr( l!.t=~ ) a.; I tliL. ~~ tll~ o~\X.i.~ a ,-ot1n f'ABJtriC.e. '~I..t~(~ASJ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENT~ SERVING OR HAVE PREVIOUSLY SERVED (P).ease inJ.jUde dates) fOA~~/)F R~l./~ illfti't- B 41llrr 1- ~A"" , ~ (1 e> 1'\11 -,y- ~.s.. , ED1I.CATIOJL\L #jALIFICATIOKS /1/91. );!'JH6~ - MDR.~ i s ~ ?1t"_L /jR.fLftJ\) e.w '1OR.le... .12;.'if().~;t (.f~"'it)H~,q.Q. WI- lip ORS L~t ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. ,Q~~+OR ~ ;f1f.r=J:.g_~~'pN H4i"~ SA-KK ------ GIVE .xOUR PRASEKT. OR MOST RECENT EMPLOYER j) AND POSITIOK~/ILfS rl.~.R :> · w. .K~_R s I1t-1n ''*''. '/91 E. l, L E 2. JPic.>i. P-ILALlMQ"L{.. J FL J !,~S DESCRIBE EXP RIEflCES, SltIJ.LS OJl 'ICNOWLE...DC)f: HICH QtlALIF6 Y.OU~~'I:Q SERVE ON TH S 80ARD. scot D S"-'; 1", Jc.l1t5 Of.1ffji! .11"1 FUf( Ll51"'~~5 Jt.S '11-57- PRES l S ~, I"'" t7p P ~ L rc!'l ~ Sfl.rti.b PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. 4a+# I ~ _m_ -___J_M'lIL_____ SIGNATURE -~ DATE t ......~ " . --.. ~ .. .......... J - - I CITY OF DEL RAY BEACH BOARD MEMBER APPLICATION 1J1/ld/fed . Sc- ~c=/) F/? NAME . or 5,pf4 @r!E?'-# .BI'I d J)~k~/8~(') F/ $31//3 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE5' ---- ~17~cd PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP I - ~7r1, CJ f/ 9 HOME PHONE BUSINESS PHONE -- ON WHAT BOARDS ARE YOU INTERESTED IN SERVING {! A 1=3 0 ~ JR- t/ 14 ---- HAVE PREVIOUSLY 06~ /-1' -- GIV~YOUR PRESENT, O~ MOST R~CENT EM~OYER, AND POSIT~ON j ~I.:If.S~IZ~~ ec.e~1 L'lY$ L-RA/cfO 4~ n/ ,. I HEREBY CBRTI'! TBAT ALL THB ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ?ze(aU~hlrA/ r2vn/ "''': /trr- SIGN TURE ~ 'DATE ~./ 15/r;u 7rA4 5cJ..4~/t.- ~( ~~ ~ ~cud III . . L _..........1 ------' -- ---.---.... --- , . - . . ( ". \ CITY OF DELHAt BEACH . ttO BOARD MEMBER APPLICATION ~ q; () rn Q~C S-ke.t'-iJ :J-"' ~ NAME " Lf-~ 0 :Tu.N;fer Or'; V€.. , Delray' 8eAc.h. 33 lflf-S- . . BOME STREET ADDRESS, CITY~ ZIP (LEGAL RESIDENCE) ~,"e. PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP J'tJ.. - ntt-/ ..)~ ~ HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTEREST~ IN SERVIN~ ~ ~~ CAO t OA: C~ . LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) No(V(L QUALIFICATIONS ... J""ever-.( ~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. NoN oIL RECENT EMJtOYER, AND POSITION JP.J~ ~ ~ e- ~r- . DESCRIBI EXPERIEIlCIS. ON THIS BOARD. ,~ ~."'''.'''ca; ~. i cttlc~ ~kc.. ~e.. " ..litft ~.4'fr. ."'-Rr .,. PLEASE ATTACR A IISUHE. .. 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 HAY CAOSE FORFEITURE OPON MY PART OF ANY APPOINTMENT I HAY RECEIVE. ~.~ J ... 7-10 SIG~RE DATE 0 , , t 1 ;1' };~ t t, <1,..t:;. -",:.,JA. 'I . ';"1'''_ '. "", ,.,'....~\'::' :.~:::~ > . " .~." ,::'-' .~. ~ " .; . : . . .~ .' ... --~-.;; ." ....~...'. ! , v~~ IrJf1:J . I!CfO --Dl . Mclre.rr I ) , - i fTk..-c. ske{'a-rJ i ~ 4- go -:::r u.. N; fE- r Q^: ve i Gt- ~~,FL '33l.f.tf. s- -- .' . . 1f.97, ~lf3 -91tfl - .. - 1 i -. "....~~*'S: ~~~t<:-~<,p.~: $~ - JAY~_'_ - _. _. - - , -- l ",,-, . - . fl1 . . . . r - - ~---- - - - --~" -- --,--- - -- .'- __oN _~,,-l\ ibr- i oS( _ t;~ _ ' Te '~"'J -- ,-- - '- " . ~ :~;:.~ ~.... '" - ---- ----._-- ---- -~-_.._-_._._----------_._-- .---- --. .-._------------ --_. --- - EveN~tJ~ = (o....r-I"er ~ fAV. __~-~Jt "~~___ <;'eit~f~~~.:.\_~__~~f!,~\ ___~~Lr;!!C~~_____;:e,~-~__'~~'::i_--, .....- ~cc.cl~__t~ _.-1 :ll.!l-O-------. ___ ' ------.--- . ..' .... ',. -:-1'-. .!' . .;. '. ~ - ,. , ~ - '. ..- ...........:.::.*~: ~,,',",,"~~;' -.. '. ...~ .. ....'. .-.-.,....., c- .': ::~: :.:. .. :*'1';'::. .'. .:-..... ., . . ~ ....... .- ..~~:. . . . .- -. .~. ~- ~,.....~,.,....:"~'...~.~,"-~..~...~<""".. -.. ......... :'.-., , ..,...,.~~-~.~~~, .,."".........~;~ ........., "'.... ,r ~ ' ",^,- -...~~ ,. ................. '...........,' (. - - ,'" ...,....... . ~ ~. -. r -- -- -___ J MARC JONATHAN SHEPARD 9 Southern Cross Circle #204 Boynton Beach, Floriqa 33436 Home: (407) 738-5997 1/89 OBJECTIVE A career as a professional educator EDUCATION FLORIDA ATLANTIC UNIVERSITY COLLEGE of BUSINESS and PUBLIC ADMINISTRATION Bachelor of Science, Human Resource Management, Boca Raton, Florida, December 1987, GPA 3.75/4.0 (Major) RELATED EXPERIENCE Sunday School Instructor, Boca Raton, Florida, 9/87 to 5/88 Tennis Instructor, Kankakee, Illinois, Summers of 79,81, and 82 OTHER EXPERIENCE Independent Study/Personnel Research, supervised by Dr. H. John Bernardin, Director of Research, College of Business, FAU, 11/86 to 12/87 Student Intern in Employee Relations, Motorola, Inc., Boynton Beach, Florida, 1/87 to 4/87 Student Intern in Employee Relations, City of West Palm Beach, West Palm Beach, Florida, 12/86 and 3/87 ACHIEVEt-ENTS Earned scholarship for my efforts as President of Student Association for Management and Personnel Administration, SAMPA, 12/87 Moderated "Panel of Personnel Managers", 100+ attendance, 11/86 Generated $150,000 in sales for Sears Roebuck & Company, Boston, Massachusetts, 6/84 to 1/85 REFERENCES AVAILABLE UPON REQUEST . ~;ilfk I L . . . - I , .....~.-.:... . , I} "'- . t " ~~,l-ro ~"-J CITY OF DELRAY BEACH BOARD MEMBER APPLICATION C} RE....,.-r~&. (((err) W. 1A(..~c5( NAME . . Avf- f ;;.. J- 7Il>~L.LJ.s V~fl E~ 33YtJ HOME ADDRESS (Street. City. Zip Co e) (LEGAL ESIDENCE) )/1 fk~.s fa. hf((MS RD. sr-~ 1)- I). fltf,,It &ttc/l' GI1(t.oeN3 R. PRINCIPAL BUSINES ADDRESS (Street, City, Zip Code) ~ HOME PHONE I.-(() 7 - J-7~.- 3 C;; 7 r BUSI~S PHONE '107- - sOif ON WHAT BOARDS ~E YOU INTERESTED ~ SERVING CO.tftlftJ";~ l1:.~t:If{<ANCIi. ) ~~M()~ry RLD~"-()f'M.UIr) lI~slo~~c- f~c'JU!.I//t'f.:J:a"/) 8e11CJ1.;C,eZClfrroN 1Af,(' ~CLJ "-J 8EAC!J Anll'.&sof< flo I.. ./:.c.f.. ;:::'c~t: 8c)A~b O.-=: ~lfS r~LJ. LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ;/ML.. , ra "'-1:/ J:S vri-(E: EDUCATIONAL QUALIFICATIONS B. 5. - ;./Ut-LT'H-, SA~ETY r ~4'"J:C, 7i'1f.R/.r.,.t~, . I " ;1(, $'. - f,4fI,J;q1{,. -rilL~rr 1 .J LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD c~&FL~l> 11171ur~c -rM.rN'€,( - ;VA-T.rall'At. A-rH. ~u.r ASSac-, I- :t:<..~St:.. (0 ~~It, r+c~ f~VSC41/... -rI</-E~I+f't/ - ~(,. of- Lh. GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION /1IYSLi:.A l.. 7;l-Ut1t'f S"tLc.~'-.r.rT.J Or -OlE. fAt./1\. 8EAC./U:'.s. 1>~ ~C. ro~ , DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD $ ~ A..'~ ':Pr' -- ~.~ .~ z;.- PLEASE ATTACH A BRIEF RESUME. 11 I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ....... f:tli J~ I \ 4/s/70 j , DATE SIGNATURE 4/90 I ~......-I . . .. . . CURRICULUM VITAE NAME Rettig Whitman Talbot, M.S.,P.T.,A.T.,C. ADDRESS National Institute for Sports ~ledicine, 903 Meadows Rd., Boca Raton, Fl 33432 Phone: 338-3222 HOME ADDRESS 122 N. Andrews Ave., Delray Beach, Florida 33444 DATE OF BIRTH June 11, 1959, Boynton Beach, Florida . HIGH SCHOOL . Atlantic High School, Delray Beach, Florida COLLEGE Indiana University, Bloomington, Indiana UNDERGRADUATE DEGREE Bachelor of Science, Health & Safety, Emphasis in Athletic Training, August 19~1 COLLEGE HONORS & ACTIVITIES * Indiana University Dean's list: 1977, 1979, 1980 * I.U. School of Health. Physical Education and Recreation Alumni Association. 1980 Merit Scholarship * Sons of the American Revolution Award for Leadership and Excellence, 1978 * Indiana University Varsity Baseball - Manager - 1977-1979 * Indiana University Department of Sports Medicine Student Trainer - 1979-1981 - football, basketball. track * Indiana University Student Alumni Council - 1978-1981 * Indiana University Intramural Athletics .. I . . - . . -2- GRADUATE SCHOOL - University of Indi~napolis (formerly Indiana Central University), Indianapolis, Indiana GRADUATE DEGREE Master of Science, Physical Therapy December 1984 HONOR University of Indianapolis Dean's List 1982-1983 INTERNSHIPS, 1983-1984 Riverview Hospital, Noblesville, Indiana Tom Becker, P.T. - Clinical Instructor and Department Supervisor. 2 weeks. Bloomington ~ospital, Bloomington, Indiana Cheryl Bainbridge, P.T. Clinical Instructor and Department Supervisor. S weeks. . Methodist Hospital of Indianapolis, Indiana . Renae Tucker, P.T. - Clinical Coordinator. S weeks. Cincinnati Sports Medicine & Orthopedic Center, Cincinnati, Ohio Tim Heckman, P.T.,A.T.C. - Clinical Supervisor. 8 weeks. Hines V.A. Hospital, Hines, Illinois Sue Kase, P.T. - Clinical Supervisor. 8 weeks. Methodist Sports Medicine Center, Indianapolis, Indiana John R. McCarroll, M.D. I week. Capitol Orthopaedics, Indianapolis, Indiana Franklin D. Wilson, M.D. I week. M~mERSHIPS IN SOCIETIES & ORGANIZATIONS Phi Gamma Delta National Athletic Trainers Association American Physical Therapy Association Sports Physical Therapy Section, A.P.T.A. CERTIFICATION & LICENSE TO PRACTICE N.A.T.A. Member No. 800730, Certification No. 4-984, 1981 Physical Therapy License - Indiana - No. 1845, 1985 Physical Therapy License - Florida - No. 4746 I - I . . J -3- POSITIONS . . Athletic Trainer - Community Hospital Center for Sports Medicine, Indianapolis, Indiana, June 1983 - December 1984. Physical Therapist/Athletic Trainer - Methodist - Thomas A. Brady Sports Medicine Center, Indianapolis, Indiana, January, 1985 - August 1986. Sports Medicine Consultant - Cardinal Ritter High School, Indianapolis, Indiana Operations Chairman - White River Part State Games IV - sports medicine coverage, August 1986 Director - National Institute for Sports Medicine, Boca Raton, Florida Sports Medici~e Consultant - Pope John Paul High School, Boca Raton, Florida St. Andrews'School, Boca Raton, Florida Mission Bay Aquatic Training Center Club Olympiad . . MEETINGS, CONFERENCES 1982 Great Lakes Athletic Trainers Association Winter Meeting 1984 Sports Physical Therapy Central Region Workshop 1985 American Physical Therapy National Conference 1985 Kentucky State APTA Meeting - Muscle Dynamics & LBP, Jim Porterfield, P.T. 1986 Electrotherapy: A New Chapter, r~rald Lamp, P.T. and Clyde Killian, P.T. 1986 Functional Orthopaedics: Soft Tissue Mobilization 1986 APTA SportsP.T. Conference, Combined Physician - Therapist meeting 1987 American Orthopaedic Society for Sports Medicine - 13th Annual Meeting. Orlando, Florida . , . - -4- PRESENTATIONS . NATIONAL: "Evaluation of Ankle Joint Proprioception Following Injection of the Anterior Talofibular Ligament", APTA National Conference, New Orleans, LA, June 1985 "Conditioning & Injury Prevention in the Master's Track & Field Athlete",. TAC National Master's Track & Field Championships Seminar, Indianapolis, IN, September, 1985 REGIONAL: Southeastern Sports Medicine Symposium, May 1987, Tampa, Florida "Rehabilitation for Knee Collateral Ligament Injuries" "Ankle Injuries & Rehabilitation" LOCAL: "Sports Medicine For Fitness & Conditioning: Who, What, Why, - and a Little Bit of How", Indiana Medical Society Southern District Meeting, Columbus, IN, May 8, 1985 "Sports Medicine For Fitness & Conditioning", Marion County Medical Society Business Meeting, Indianapolis, IN, May 14, 1985 "Sports Medicine: 3 W's", Northside Investment Club Business Meeting, Indianapolis, IN, April 1986 "Transcutaneous Electrical Nerve Stimulation - Practical Aspects & Application", Adjunct Professor, University of Indianapolis, April 1986 PUBLICATIONS DeCarlo, M.S. & Talbot, R.W., "Evaluation of Ankle Joint Proprioception Following Injectioa of the Anterior Talofibular Ligament", Journal of Orthopaedic & Sports Physiea1Therapy, 8:2, August 1986 Talbot, R.t "Patello-femoral Syndrome", Sports Medicine Forum 4:2, Oct./Nov. 1985, Methodist Sports Medicine Center. . ~ ~ t '-_I ,.. , if:. . \ . . - . g .' - . ~ ~ ...... ~ 40U(S,ZUSt. ~O ~rJJ4&J ~ Y" t,' . V 1./6/10 . ~ W~ J I-j &.CUnI j)~ -h IfS(fhJ ~CLS(fl0 kr ft; ~ df ~I I/tLcak:;; . I~~ tC:J tZ_l6:tlt~ ()]{ flu ~~ O-rr~CR- !50-~. J tpJ) · ,;;A~ ft4-tw-; ~ k - cYvvJj~~ ~ k ~~ ~-t1IU~, J ~, ;~I gL . ~ I . . . .'. ..-. CITY OF DELRAY BEACH - BOARD MEMBER APPLICATION Debor.a 'Turner O~ter NAME 845 N.E. 71st Street Boca Raton, FL 33487 HOME STRBET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 25 Seabreeze Avenue Delray Beach, FL 33483 PRINCIPLE BUSINESS STREET ADDRESS, CIT~, ZIP (407) 997-2396 (407) 276-0453 HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING COl11m,mity Aopearance Board LIST ALL CITY BOARDS ON WHICH YOO ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDOCATIONAL QUALIFICATIONS B.S. 1980 Landscaoe Horticulture LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. Registered State of Florida Landscape Architect License #1131 _ Member - American Society of Landscaoe Architects GIVE YOOR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Vice President Jerry TUIner & Associates of Florida, Inc. DESCRIBE EXPERIBNCBS, S~ILLS OR !tROWI-IDGB WHICH Q.OALIFY YOU TO SERVE ON THIS BOARD. I have been working in the field of Landscape Architecture and related fields~suCh as environmental consultiny and civil enq;neerinq. since my ~raduat;on in 1980 a am personally dedicated to Qua ity development 1n the City of De ray Beach. PLEASB ATTACH ABRIl. RISUME. 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 CAOSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. Af2 // L /J ./I \ I Ii '/ / / 0 C C/ ~nv-1 t'Z.. <\ C;(/?,...,. - C~~-"- -~0:..Z1 0;../ ((' _~ 0__ SIGNATURE/ DATE/' ~ ~~-2~. ell .;?.;;:/QO f!;:;~ ~ . . . . . . . .. .... '. . CITY OF DELRAY BEACH - BOARD MEMBER APPLICATIO~ . Debora'Turner O~ter NAME 845 H.E. 71st Street Boca Raton, Fl 33487 HOME STRBET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 25 Sea breeze Avenue Del ray Beach, Fl 33483 PRINCIPLE BUSINESS STREET ADDRESS, CIT~, ZIP (407) 997-2396 (407) 276-0453 HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Community ADpearance Board LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS B.S. 1980 landscape Horticulture -- - LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. Registered Stat~~lorida Landscape Architect license #1131 - Member - American Society of Landscape Architects GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Vice President Jerry T~ner & Associates of Florida, Inc. DESCRIBE EXPERIENCES, SE~lLS OR ltNOWtlDGE W~ICH ~UALIFY YOU TO SERVE. ON THIS BOARD. I have been war n9 1n the f1e of Lan scape rchitecture and related fields~suCh as environmental consultin, and civil engineerinq. since my yraduation 1n -19l!O a ant personally dedfcated to Qy!" ity development 1n the City of De ray Beach. PLIASE ATTICR '..XB. RISUMI. I HEREBY CIRTIPY THIT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. Ail l,<>" "- ",4 ~ ._ (}d~ -"~Jy ~((' If J? 0 7----- SIGNATURE DATE :S;&~l ~~O~. ell .:1.;;./qo ~ ~ --- I . r'- {'Iry" (t/:;;.. jlfflO#ceS ~f~' . "1-H- i.d ;" 1 {?,ry f1 L/:/l.1( , I LANDSCAPE ARCHITECTURE. PLANNING. ENVIRONMENTAL DESIGN . JERRY TURNER Be ASSOCIATES~ . . OF FLORIDA, INC. - 2:5 SEA BREEZE AVE. DELRAY BEACH. I'l.ORIDo\ 3~ 305-27s.0453 -.." it 1:,' f' 'r-. August 24, 1987 - 1-1 'l' v- . " 'J ;-f 1~ . AUS 21198i - CITY. Mr. James Pennington 'YiA!'t!4(jj.'. , Town Manager -if S OFneE City of Del ray Beach 100 K.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Pennington, " I am writing to you today' to ask that I be considered to fill the upcoming vacancy on the Community Apperance Board. I have been working in Del ray Beach since 1984 and have become familiar with the Cities zoning, landscape and building codes and feel that someone with my experience would be a val~able addition to the board. I have been .wishing for some time to find a way to be of service to the City of Delray Beach and when I learned of this upcoming vacancy I felt that this would be a good way to "be involved in the community." I have also enclosed a copy of my resume for your information. If you have any questions. or require any further information, please feel free to call me at the above number. Thank you for your time and consideration. , Sincerely, ' "':(}V-~ r:/~ ~ - " Debora turner Oster LandscaP.l Architect . MEMBERS - AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS AND AMERICAN INSTITUTE OF CERTIFIED PLANNERS . t (,/ ,'"'to.- 7 MEMORANDUM . - . i I TO: David T. Harden, City Manager I I THRU: Alison MacGregor Harty, City Clerk I FROM: Anita Barba, Board Secretary SUBJECT: VACANCY ON THE PUBLIC EMPLOYEES RELATIONS COMMISSION DATE: June 18, 1990 There is one (1) vacancy for a member on the Public Employees Relations Commission for a regular member as a managerial repr~sentative. There is no residency nor business requirement. The following persons have submitted their names for consideration: Dr. Jack Crespin. Robert Ferrell, Leo Kierstein. Milford Ross. Virginia Cady Schmidt and William Weitzberg. The appointment would be made by Mr. Randolph. Seat ff4, based upon the local rules adopted by the Commission on March 29, 1990. perm.txt ~CL - ~~# ffloP- I J16 ~ ~ ~ ) '1LJ . . . . 1-/(,-90 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION . - Dr. J~~k Cr~~pin NAME 829 Camino Road #101 Delray Beach, Fl. 3~445 - - HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) ------ PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP - 407/243-9834 --- HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Hllman RelationA Committee, Civil Sll!rvl~e Board, pu'hlic Employeee Relatione Uommi'tT.ee LIST ALL CITY BOARDS ON WHICH YOU ARE '.CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) NONE - - EDUCATIONAL QUALIFICAJIONS Ph.D. in Marketing Education, N.Y.U. '75; M.A. in Bn~inee5 E ucation, N.LD. 'h~; J;.::>. i1'\ Bl1~1n..a Admin1~t r'a lion -- --1T:T:-rr. '4' . -----_. -- -- LIST 1NY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. --- - - ---_.- --.--.-- GIV~ YOp~ Pl~fENt OH rOST i~CENM E~Pl~YER AND POS~Tlqrc or a . an!~ n vere y, ar e nQ' n.'Partmen., Oca It...t.on, Fl. A~11l1l~t-??crtneor at lW{arklllt1nK_ DESCRIBE EX~RIENCE;V c1S\ILLS OR KNOWLEP.e~ WHaC\.1.~UALlith YOU ilO ~fRVE ON THIS BfARD ave se e n numerous po.- ~. e nQ: w peop e . VAr ous'caliegor1el!l_ (~.. At.t.ach.d :R..~l1m.) - PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. / - / ___LLizL_______ ---- DATE I Dr. JA~k Crespin 829 CAmino Road #101 Delrav BARrh, Florida 33445 PhonAl 243-9834 . EDUCATION: 197, Ph . D. in r1~rket1ntJ' E(h1C~atlon, NAw Yo-"k U. 1968 M.A. in B1H~inAes El'tu~R.t 1 on, " " " 1941 1, . Q . in Business Al'tmini~t-"at.io"," " " EMPLOYMENT: 1987-1989 FAU. BorA RAton, Florida. Market1n~ P-"ofesso-,. 1969-1985 Bertren Communitv College, ParamuA, NAW JAl'Aey. Mal'ketintr P"'oIeBsor. Business Dp.partment Chal-"person. DAan of Division of Business AnministrRtion 1966-1969 Morris H.S. B-,.onv, New York. BllAinASS TAach",... 1941-1966 SAle~ And Markp.t1ng in NAw york Citv and Mp.vi~o. sonIAL ACTIVITIES: M~Bonic Order (PaAt MastAr). Bov S"out.~ of America (Adult LAadAr). Condominllm hoard membpr. Al'bitrator for BAttAr B1.1AinAJIlIA B"reAu,etc. MT~C~LLANEOUR: PAl'manAnt. rAsldAnt of DAlrRV BAach sinrA 1984. SpeR,k, read, and write fluent SpAnish. - '"' CITY OF DELRAY BEACH BOARD MEMBER APPLICATIOH . Robert P. Ferrell NAME HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) Palm Beach County Sheriff's Office; 3228 Gun Club Road; West Palm Beach, FL 33406 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP 471-2107 HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Human Relations, PERC, Civil Service (othersLlf needed) LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) Boynton Beach Community Relations Board 1978 EDUCATIONAL QUALIFICATIONS H.'S. - also numerous advanced courses in J~~w enforcement - ~resentlLattendingBarry-'Univer-s'ity to-rece1ve-aegree -- LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. ------. ------- GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION media r~~~~ns officer - Sheriff's Office. Palm Beach County DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. 14 years in law enforcement with work in community relations; Retired a~ Lieutenant with Bovnton Beach Police; Elected to 2 terms as Boynton __Jieach City Commissioner - extensive trai~~and experience in commun~ relations and law enfoTcement and management PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. .~~ - 5= 1-1.0 -------------- ------------ ,/ SIGNATURE DATE & I LAW ENFORCEMENT HISTORY . . Law Enforcement Awards: 1972 Police Officer of the Year. Monroe County 1977 Police Officer of the Year. Boynton Beach Vietnam service Medal Chiefs Achievement Medal 10 Year Service Medal Exceptional Duty Medal Meritorious Service Medal 1978 Florida State Fraternal Order of Police - Member of the year. Other Related Activities: Served as President of Boynton Beach Fraternal Order of Police for 10 years. Served as President of Palm Beach County Fraternal Order of Police for 2 years. Served on Board of Directors of the Florida State Fraternal Order of Police for 3 years. Lobbyist to the Florida Legislature for 5 years in criminal justice matters. Project Representative for the Governor's HELP STOP CRIME program. Contract Negotiator for the Boynton Beach Police Department. Assistant District Director for Fraternal Order of Police District 4 (7 counties). Member of the Florida Community Relations Officers Association. Member of Florida Law Enforcement Public Information Officers Association GOVERNMENT EXPBRIBNCB 1976 - 1981: . Member Boynton Beach Community . Relations Board. 1976 - 1984: Lobbyist to Florida Legislature for Fraternal Order of Police. 1976 - 1984: Member - Legislative Affairs Committee for Fraternal Order of Police (state of Florida). Also member of Candidate Screening Committee. 1984 - 1986: Elected to Boynton Beach City commission. Appointed Vice Mayor by other commissioners. 1985 - 1987: Re-elected to Boynton Beach City Commission (resigned to run after 1 year due to district implementation. Appointed Vice Mayor by other Commissioners. 1984 - 1987: Member Board of Directors, South Central Regional Wastewater Board. Vice Chairman in 1984 and 1985. Chairman of Board 1985. 1984 - 1985: Alt. Representative to Palm Beach County Municipal League. 1984 - 1987: City Representative to South County Council of Government. 1983 - 1985: Elected to Palm Beach County Democratic Executive Committee. 1984 - 1987: Member, Florida League of cities Ethics and Personnel Committee 1985: Representative to National League of Cities. 1985 - 1986: Chairman of South County Council of Government. 1986 - 1987: Re-e1ected without opposition as Chairman of South County Council of Government. 1986 - 1987: Representative on Palm Beach County Metropolitan Planning organization . j 1st vice President President Boynton Beach ~erican Legion Post 164 Vietnam Veterans of America Member of Chamber of Commerce in: Boynton Beach Delray Beach Boca Raton West Palm Beach Lake Worth Lantana Jupiter-Tequesta March of Dimes Jail & Bail Cystic Fibrosis Drive Committee Member, Palm Beach County Substance Abuse Program (1988 - 1990) Leukemia Society Celebrity Waiter (1985 - 1989) Committee Member, FORE Committee to raise funds for Substance Abuse Chairman, Sheriff's Office Blood Bank Drives PERSONAL Date of Birth: June 8, 1946 Marital Status: Married to Tracee Alexander Ferrell Child: One son - Robert Jr. Born - 6/14/68 , - I CITY OF DELRAY BEACH BOARD MEMBER APPLICATION I {~l ~R ~"'~/IJ /... f:-o NAME j6,:!~~ P~.^^-aRl~G~ ~'~'I A~T l\+ J... 0~tMY ~~.~3?1 ftf - HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ------- t-f q b- 1'103- HOME PHONE BUSINESS PHONE ON W HAT BOA R D S A R ~ YOU I N T ERE S TED INS E R V I N G If (J,4{ -'t--N /2~'-/J,Tt.Q,J.s. 4.\.'(~v1. G--A~ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Pl ease include da tes) ~ (VIL S- ~ ,,"j(::~ J;c>~~ ~J'A~}A..~~~ - IlcY'*'"- I~'~ , V I L.. SE. VI(:,~ "A-ku- ~A-(4tM.*~ ~ <1 .n, -/ _ 0 - - EDUCATIONAL QUALIFICATIONS :2 ym... G LU?G~ - ------ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. - - ----.- - ------- GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ~~jJ ~Z.C2L, I tlc..) 4v1 E. A7i.Jr;r.JTiC AvE, O~p.y g~k:.tf..;:_.IYf..<1I11~ SIfof> ~/1r~M4tJ DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. (v f~Q.u;~ tJCG- Vi A P~e-r/c.AL ~LIC',A TIf)J!J - -- ---- PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. 'h/Cuti-kcL -- _____jlkL~~!_~L (?Y'~___ SIGNA TURE DATE . ! " - \ &. . .3/'/'1;; i CITY OF DELRAY BEACH ~ , BOARD MEMBER APPLICATION ( 4 . . NAME AlA r-?'K D ;(0 ~ > HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) /6~1 /A) /t'7// 11f, (!6 /'10 P~Lfit7y ~~A'Cf( h. 73c;:c/-- PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP / - 2,1R- OCj?:7,?' HOME PHONE BUSINESS PHONE ON WHAT BO~RDS ARE YOU INTERESTED IN SERVING \-\U~QV) R"'e.-\Ck.. 't to Y\ ~ \ J e.re. - /1!>..../ U.5 r ~-E /V r LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVI~ OR HAVE PRE5tOUSLY SERVED (Please include da tes) (if 1// h ~ ~j2 y/ C! ~ /~f2// - /9'd'<? - I/;e.~ C,f//t, c!.HE/~ {; Y/l~1///7rL ' _ EDUCATIONAL QUALIFICATIONS at-t: €: 9' y~ (-) - - '---. LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. ----- ~ ----- - GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ~PE/o?~? 4:.- p/ /9 ~G?"c/-A--t"~~~ /' T ~//J-L /?~ { H //o/y' '7 #(!;?-" DESCRIBE EXPERIENCES SKILLS OR WHICH QUALIFY YOU TO SERVE O. T~. BOARD. ~~ ye.A7Al.5 /"v -I- ./ .-(/P~/77z //9 ~ .::..~ L/9 ~/CA/ ' - -- - PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE A.D UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I HAY RECEIVE. ~ -d-J~/fu DATE \ . . I ~J:.Q JJ~ , BIOGRAPHICAL SKETCH j Jj 3 :L - /J /-1- I t h . PC') 'f1. t h/z / D~ II ~ t?e<lc J Flc<, J1 ) . _ Name: . VIRGINIA G. CADY "lS16 lie rS81'1 Rd. '"3 -'3'/15 . 5 c."- h -rn , d..-t:::- Tern p 1 e II H- 1 s. 1>4 d . 2 0 0 3 1 . Date of Birth: August 21, 1919 1.01 423 ~774 '/7'E"-c I'I~- Years of Service: Total: 31 - Treasury Department, Bureau of Public Debt Dept. of Army, Corps of Engineers Maritime Commission ~ar Assets Administration District Government, Dept. Public Health Dept. Health, Education, & Welfare, NIMH, Saint Elizabeths Hospital Experience: 1938 - 1943 Private Industry, Treasury Department, GS-l to GS-3 Clerical Performed a variety of clerical duties; operated a graphotype, typed correspondence, maintained leave records on employees, etc. 1943 - 1946 Dept. of Army, Corps of Engineers, Maritime Commission, Position Classifying GS-5 through GS-9 Desk audited jobs in all grades through P8 and CAF-15, prepared position descriptions and presented cases to the CSC Representative with supporting evidence and related information to substantiate the recommended allocations. Conducted classification surveys of organizational segments. Served as member of field survey team and conducted post-audits of Engineer field installations. 1946 - 1947 War Assets Administration Administrative Officer GS-ll Served as Administrative Officer for the Office of Real Property Disposal, which had a personnel complement of 650 employees. Responsible for initiating and following through with central personnel office on all types of personnel actions, advising operating personnel of propriety of actions and resolving problems arising in connection with such actions. . it - 3 - , 1963 - 1964 Department of Health, Education, and Welfare, National . Institute of Mental Health, Saint Elizabeths Hospital . Employee-Management Relations Specialist GS-12 Advised Hospital officials and supervisors on proposed disciplinary and adverse actions, including removals, suspensions, reprimands, reduction in rank, etc., grievances and hearings. Counseled supervisors and employees with emphasis on preventing employee management relations problems, disciplinary cases, grievances and appeals before they possibly occurred. Conducted both group and individual counseling. Conducted active program to reduce and prevent debt cases of Hospital employees. Applied policy and procedures of the DHEW Employee-Management Cooperation Program. 1964 - 1975 Department of Health, Education, and Welfare, National Institute of Mental Health, Saint E1izabeths Hospital Supervisory Labor Management Relations Specialist GS-13 & 14 Full responsibility for labor relations activities at 4,000 employee Hospital. Rank and file employees, totalling 2,850, represented by five employee organizations in seven units. Administration and operation of a very active employee relations program, including adverse actions, hearings, and appeals, grievances, alcohol and drug abuse program for employees, retirement, health and life insurance counseling, indebtedness, OWCP and incentive awards, and the "SEH Action Linell. 1975 - 6/1976 Department of Health, Education, and Welfare, National Institute of Mental Health, Saint Elizabeths Hospital Acting Personnel Officer GS-14 Served as top technical advisor to the Superintendent on all personnel management problems. Planned, directed, coordinated, and reviewed a comprehensive personnel program comprised of the following fully implemented functional areas: personnel policy formulation and dissemination, employee relations, employee development, classification and pay administration, placement, employee performance evaluation, employee recognition and incentives, personnel records and reporting, and personnel program evaluation. Directly and actively participated in the program for enlightenment and edification of employers regarding the placement of discharged mental patients. Saint Elizabeths Hospital employed approximately 4500 personnel engaged in work represented by more than 150 Classification Act and Wage Board Series (three WS categories), in addition to positions covered by Public Law 330, of which there are several separate pay categories. /.} . . - /1 ;' 'I .. - " t " ilL I , " - ' I / , , , jJ /- j:.::. ~ ~ . ,.. ! l, ,e, .- j- "- .J / - ,I -I J', f I , .- , -~ ,') .... - , . ,# " , I ,/ t I I' ; I j . I . ; t /: / -" t . - 5 - Awards: 1964 - Quality Increase Letters of Commendation: (Copies Attached) 1967 - Memorandum to Dr. Dale C. Cameron, Superintendent 1968 - Letter to Dr. Louis Jacobs, Superintendent 1969 - Letter from G.B. Teeters, Chief, Employee-Management Relations Branch, Office of Personnel, Public Health Service 1971 - Letter from Stuart H. Clarke, Deputy Assistant Secretary for Personnel and Training, DHEW 1976 - Memorandum to Mr. Earl W. Shelly, Acting Executive Officer 1976 - Letter from Dr. Roger Peele, Acting Superintendent , . --J L -J " __ ..____~.__.._____ L.' . " i ___- -- ------- - .-. ~ ~~;~.- ---- - - .-_._~-:-:-:--._~- ':7, ~ ::j,~ .J - - __--4 -- - -~- ----- .-- . -. . C>~ IOU. ---- ~ -' --- DE?ARTMENT Or Hi':ALTH, EDUCATJO:-.J, A:'><D V/ELFARE I~-r.r-' .- ';[' ...\,1. t. . -.VASHI:'iGTO:'>l. D.C. 2C;'Ol -''.Jt.l ~ (J) - . .'l7C -0' OFFICE OF ,HE $EC"nARY '--'L ~ 1958 Ufo l' .L(.'~ , , : 2/ -~,,.,,:: ur .}!JJ'c, '. . 'l..J t.LI7.!.~_ f.""'e.:.u', , 'r,~ 'r; 'C;: . ~,J . r--o, Hr<.,:~.. Dece;;-,ber 26, 1968 " '''''1>' " :Jenr Dr. JiJ.co'cs: I Hish to t':],<2 t\is O]:::-o~"~1.:__n::..:'Y to clj:~::-:-:::1d ~r:JU. ~~ld your s.L ~ ,....J:" ~vi"" tn~ i:'.::-.~1(::- :~ '.::'~~c::. :,:ou :..-cs~;o,.~cd. to tnc ::-CCC:1t ....O....J.. ~bscntecism iI:ci~c~~ ~v S~il1~ Sli~~~ct~s. :;::1 po:::ticular, - .. . ... ':~'S . -.f:>:.:;i:,ic.. Ca.o.y, no'~ only i"'or ner :cole __ i".........l.. sn -co C 0:::"-.-;C:1Q in resolving tiiis :1.1ciC:cn~, o....t r.:orc i;:-llJJi-~;:~1tl~- for t:'1e o':Jvio'.ls good ~elctio~3hi?s s:1e :-Jt3.S csta'oli:;~:eQ Ifith union leaders;--lip over ~_~e lc..st sev.::ral ye2~As. I r.~~e been u~viscc 0-: ~:~.:; :':2.1"tict:l<:rs sur~o~ldi~~ tr.is incid.ent. It is no\:. c:.:C:.~:.cult to Li',J..:;ine 1:10~,.; casil:r this e::-'91oyee absente~is::-. coul~ have :3lJrc2.'\: t~ ..... ...L. of o "r,,,,r U"i1. "s the hospital there~y caus:.n~ a ~e!'"isus i l/~e rl...~;<?tio:1 f)f the . all i.l.1pCJYta:1t c::.:-e 0;''' ~):--,ti~:1ts. I:1 ';l:~r ~.,-;dv".e:1-:' -:...~c P:":-.--::pt c:::.c ~ositive ~Cti0:1 :'2:~e:1 ":.y :,:"cru. 2:1j, ::r~ill'" s"t,;:l:f'::-' z;ssistcd Z7lat..erially i:i :e~~~v:.n~ :.i:i::; r::;::,tcr J. :lci cr..~?::-..c:.sizinc; ~he lJE?8rt;-;:ent's cO;~"'7.i -:.~~.~~:~ to an affir~~~ivc proGra~ o~ c~Qloyee- ~ana8crnent coc~erc.~ion. On behalf of -t::e D~:;~.~..t:::~ntJ ',7il1 YO'.l ylc..:se c)~cnd ;j~Y z.p- preciaticn to yo~~ :to.ff fOl"" c. job \/.:11 u.o;-,~. J I Si:1c~rcl:' YO'lJ.::s, ~ . (f;' ~1 j ; \);.-a tiJ'LL~~ . ~ / :-~ ~ I I . /~ . / ':Oi:j' ;). 3. Col;: - Do zouty ;,.-:.;i::;~:.nt. Secretary or Per;c~ncl n~d T~~ini~g ~ j)r. L::m:.s Jac,:)":Js ..I:-~.: :~j ~f:".'i:~:: t~::i! ,.,1 .Y. Superir.tc;;,c} i:r.t c:'" S~:::-:J~ =li~;: beti1s , lioslJit~l .. ----- - ,-, ,- --on n~ rnI S~int El~z~~Etc5 E:;:~it:.l ' :-;' -~-~ ::'u&'l ~ i-la sr.inct-::lYl., lJ. c. 20032 lJ .-,-,r-. -068J I -. I V '" .J I..... , ~ - - - U I . . -, I I I' ., ' , I ""LJ- I, tJ ~LL::0 l.....J L..,,~ --- ~',.....; ~_<,,_;:.:~ j,:::l!lL - '"'.-~ I I T oJ DEPARrMENT OF HEALTH, EDUCATION, AND WELFARE W^SHI~GTON, D.C. 20201 OF"FICE OF THE SECRETARY . . fU\R 18 1971 Mrs. Virginia Cady Chief, Employee Relations 8ranch St. Elizabeths Hospital Nichols Avenue, S. E. Washington, D. C. 20032 Dear r.1rs. Cady: In July, 1970, I asked the Training and Incentives Branch to take the leadership in developing a training course outl~ne in labor-management relations for the use of constituent agencies of this Department. I understand that in response to my request you very ably served as a member of a task force which developed an outline for training super- visors and one for training personnel management staff and administrative offi cers . The outline submitted by your task force will assist materially in meeting agency needs in this program area. After we incorporate some minor changes we plan to reproduce it, make it available to the operating agencies, and encourage its use at field installations. We are confident that if the material is used properly, we will see some marked improvements in labor-management relations at the local level in keeping'with the spirit and intent of Executive Order 11491. I want to commend you for your efforts in this matter. Your willingness to assist in the design of this training outline reflects favorably on your desire to share your knowledge and experience in this critical field. Sincerely yours, ~1/cI,~L Stuart H. Cl arke Deputy Assistant Secretary for Personnel and Training I~ECEl\/p, '-. .) MAR 22 197 . 1 bi. tL' , [k'LO.' ',.. " .,r rEf REUW -...,.... t'C~'-./~L iJ,~S & SE.1VfCES (;""0 """"'//",.1 I i '~iMENT OF hr.:.AI..-I'n, ._..JuCA110N. I"\ND WELFARE NATIONAL INSTITUTE OF MENTAl. HEALTH WASHINGTON. O,C. 20032 . Augu,st 12, 1976 . SAINT E"LIZABETHS HOSPITAL MrS. Virginia Cady Personnel Branch Saint Elizabeths Hospital Washington, D.C. 20032 Dear Virginia: . With considerable reg:et He ~ote your retirement on the 13th of this month after 13 years at Saint ~lizabeths Hospital, completing a fine Federal service career that began 30 years a~o. Your career here has been ~&r~ed by ~any acco~plis~~ents. You estab- lished a vigorous and ef~ective 2mployee Relations Section that becarr.e quite important to both employees and to management. The strength ar.d cffccti vcne13S of YOllr Section flnd c:;pc:cirl.lly your (rwn pcrr.onn.l capabilities led to that Section, although one of the I~spital's small- est sections, having a frequent major role in constructing Hospital-wide policies and planning. In recent years, it has been corrmon for the Hospital's leaders and sometimes NL~H leaders to ask, "What does Mrs. Cady think of this?" before acting. My personal appreciation of your accomplishment centers on your leader- ship of the Personnel Branch during my Superintendency. You have led this Personnel Branch through major problems associated with the Hospital's first official reorganization in thr~e years. You have made possible the spirit of decentralization of decision making while always clearly indicating what could not be decentralized. Especially pleasing has been your ability to increase markedly the responsiveness of the Personnel Branch. You have broueht in new leaders and broueht in a new style of rcnponsivencss. A key task has been recruitment, and under your leadership the Hospital recruited nearly a thousand people, pro- bably the highest number over such a short period of time. Your leadership of the Personnel Branch may have been one of the shortest in the Hospital's history but it was long on accomplishments. You leave the Personnel Branch much stronger than the day you assumed its leadership, and the Hospital and the patients it serves will benefit far into the future as a result of your leadership. Sincerely yours, J <:cp -c:: V Roger Peele, M.D. Jt?tting Superintendent ~o\.. oAt ,<,<r; ~, ~(\ ~ G"f' -~ ~ ;5 '~ 0=;-)) ~ - ", ~' ~ a:. 'l/- '') ~ \).\ I, / -.J, ;: ....~ ~~ "-' .1:0" t>- '" '''16.'910 .,~._, i . flJ-/v' q 0 3 -" ~ - ()J'rl'~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION eu: I (/~ . to.G- (""-;-- 2-eER C? NAME !1eD/J)o/I.;-;- L - s6 7 j)6L~hl ~,4-cN, FL- :; -;' ~Pt,6 HOME STREET ADDRESS, CITY, ZIP (LEGA~RESIDENCE) S4--~ PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP - Lfv7 -~77-kJ c) i) S'~ -e HOME PHONE BUSINESS PHONE ON WhAT BOARD? ARE JOU INTERESTED IN SERVING ~~ e:f,4-~;vdu.e441 ft.N<;T/(lICbcNtJ ~r!d:fJ, e t I/t S6ttVILC At?~,) -1tt(~~~r/t>~J /v6//c t-1P/ov6.: S"' /?1::<A-17;'A/5 I . I LIST ALL CITY BOARDS ON WHICH YOU ARE .CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) NONe EDUCA TIONAL QUALIFICATIONS IVY L/ J9~:, ,vy L( <~i:?J~ I~ 1--, --, - LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. /'fJChtt1d!Lt9 f lIJe"V 1 ~-'~_~ ,tJ~f /'c-tllfEll- L IC~ S-3;) fa1l-f~c'r,.l I NfuIl,hKeE /7 d~.L~' -_._--- GIVE YOUR PRESEN:; OR MOST RECENT EMPLOYER, AND POSITION 12 rE r,I'l,tEt,J ~Ld l..j ~MS I DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. /", Wp "/6 "c.,c ~ - ~..#;~ -I/"1.G- .,h R6S''''~ ~~ 17'tl pI,.. ,~ f Fv. rrL .LJ!Jcl9d#"r;~ -- PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. Ii/L/J; d~ tv GI/~&~/i y/rr/ru - --------- SIGNATURE DATE I l . /9'f/V-/'7Yt, t/.S 74~ FdlL'-E /j.!/:r ~O/5e'~r . J /9c1t- - ~ry /117 of sOjr/tPt9pQ;HvJ 7-o?'J /9.f'l -Ie; If f'3 t!AJllfI6ltPF",I/ vSt//l~6~~ A~. / </ ---k. , . /4#) ?, a::::v ~ ~ ), "p 2: )J ~ /u;l~JlNt:A.Jr I , / ! f3 10 j):J-~ /'2er/dev (7) /5 f- iJ{tUi'U;C9 --- iCV1td _ tr/X-/9c -----.. --- ----- - -- -.----- - -.-----.-- - --- -. --- - - , - -. - - ORDINANCE tlO. 20-90 AN ORDINANCE OF TilE CITY COMMISSION OF TilE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 38-84, PERTAINING TO A 1.39 ACRE PARCEL OF LAND (COMMONLY REFERRED TO AS THE GULFSTREAM BUILDING) , PRESENTLY ZONED TO Tll E SAD .SPECIAL ACTIVITIES" DISTRICT AND LOCATED AT TilE NORTHWEST CORNER OF tI.E. 8TH STREET AND ANDREWS AVENUE, SAID LAtlD BEING IN SECTION 9, TOWNSHIP , . 46 SOUTH, RANGE 43 EAS T, BY REPEALING SECTION 2(a) OF ORDINANCE NO. 38-84 IN ITS ENTIRETY AND ENACTING A NE\-1 SECTION 2 (a) OF ORDINANCE NO. . 38- 8 4 TO PROVIDE FOR A MODIFIED LIST OF CONDITIONAL USES TO BE PERMITTED THEREUNDER~ PROVIDING A GENERAL REPEALER CLAUSE~ PROVIDING A SAVING CLAUSE; PROVIDIrlG AN EFFECTIVE DATE. WHEREAS, on September 11, 1984, the City Commission, by adoption of Ordinance No. J8-84 on second and final reading, zoned the subject property (c Olr.:non ly referred to as The Gulfstream Building) to the ShD (Special Activities) District and aPRroved certain conditional uses and site and development plans, I subject to conditions~ and, \ WHEREAS, on Hay 4, 1990, Suncoast Savings and Loan Association, a Florida Savings and Loan Association, as owner, submitted to the Planning and Zoning Department an Application for Rezoning to rezone the subject property from SAD (Special Activities) District to LC (Limited Commercial) District~ and, WHEREAS, on June 14, 1990, Suncoast Savings and Loan Association, a Florida Savings and Loan Association, as owner, submitted an amended petition to the Planning and Zoning Department, said amended petition to be a modification of existing SAD Ordinance No. 38-84 by amending Section 2(a) of said SAD Ordinance No. 38-84 to modify the approved conditional uses for the subject property, and, WHEREAS, at the meeting held June 18, 1990, the Planning and Zoning Board reviewed said amended petition~ and, WHEREAS, pursuant to City ordinances, the matter has been presented to the City Co~~ission, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Ordinance No. 38-84 is hereby amended by repealing Section 2 (a) of Ordinance No. 38-84 and enacting a new Section 2(a) to read as follows: (a) The only conditional uses to be permitted hereunder are as follows: (1) Commercial Uses The following are commercial permitted uses in this Special Activities District: Antiques Art galleries, supplies and crafts Barbershops , Beauty shops Business machines, including service \ Business offices / :2. .A- I . '" . .-. --- , Confectioneries \ Exercise facilities Financial institutions, including drive-in I facilities Hearing aids Interior decorator shops Optical equipment Photographic equipment and supplies Photographic studios Professional offices , Restaurants . Sewing supplies Stationery Ta Hor ing ~ Travel agencies TV sales and repairs ( 2) Retail Uses The following are retail permitted uses in this Special Activities District 11mi ted to the ground floor of any building located thereon: Bath shops Bookstores Cheese shops Cosmetics Delicatessens Drugstores Dry cleaning, limited to 1,500 square feet, customer pick-up only Dry cleaning pick-up stations Florist Food stores Gift shops Health goods Hobby shops Home furnishings Ice cream parlors Import shops Jewelers Leather goods Husic shops Newsstands Sporting goods Tobacconists Toy shops Wearing apparel and accessories for men, women and children ( 3) Conditional Uses As prescribed in the Zoning Code of the City of Delray Beach and after the review of the application and plans appurtenant thereto, and hearing thereon, if the Planning and Zoning Board fi nds as a fact that the proposed use or uses are consistent with the Special Activities District, good zoning practice, not contrary to the Master Plan, and not detrimental to the' promotion of public appearance, comfort, convenience, general welfare, good order, health, morals, , prosperity, and safety of the City, the \ following uses may be recommended to the Commission as conditional uses: - 2 - Ora. No. 20-90 I I . ,--- - . . ,~--- --- .----- --- ~ ---~ - Adult congregate living facilities, subject to Sec. 173.063 of the Zoning Code of the City of Delray Beach Child care and adult day care, subject to Sec. 173.063 of the Zoning Code of the City of Delray Beach Churches or places of worship, including their attendant educational, recreational, , and columbarium facilities I Clubs and lodges, including fraternal, recreational, and social 4 Cockta 11 lounges and bars subject to Chapter 113. Cockta 11 lounges and bars shall provide a sufficient exterior ingress and egress. Community center facilities Continuing care facilities, subject to Sec. 173.064 of the Zoning Code of the City of Delray Beach Hotels and motels Multiple family projects or dwelling units. These projects shall comply with the district regulations for the RM-15 District, except for setbacks and height which shall be as specified in this district, and are subject to site and development plan approval. Resort dwelling units, subject to site and development plan approval. These projects s ha 11 comply with the district requirements for the RM-lS Zoning District. Section 2. All other terms and conditions contained in Ordinance No. 38-84, not in conflict herewith, remain in full force and effect. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall pot affect the validity of 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 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. HAY 0 R ATTEST: City Clerk , First Reading \ Second Reading - 3 - Ora. No. 20-90 I . t- ~1~ \ C I T Y COM MIS S ION DOCUMENTATION . . TO: LEVERETT, ADMINISTRATIVE ASSISTANT III ~~ FROM: ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 26, 1990 FIRST READING OF REZONING ORDINANCE TO MODIFY 0-38-84 THE S.A.D. ORDINANCE FOR THE GULF STREAM BUILDING ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval, on first reading, of a rezoning ordinance which expands the allowable uses for the Gulfstream Building S.A.D. The Gulfstream Building is located on the north side of George Bush Boulevard (NE 8th Street) , just east of the Intracoastal Waterway. BACKGROUND: This property was placed under S.A.D. zoning in 1984. The enacting ordinance (#38-84) provided a limited number of uses, limited the quantity of such uses, limited the floor area for such uses, and included a "sunset" provision for the pharmacy and four medical offices. The petition initially sought a rezoning to L.C. Upon advisement that LC zoning would become inconsistent with the "Transitional" land use designation, the petition was modified to expand the number of allowable uses _~torhe modified petition included commercial and retail uses. That was the petition which was formally before the Planning and Zoning Board. Please refer to the attached P&Z Staff Report for the basis and justification of the rezoning request and the analysis thereof. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed this item at a public hearing held on June 18, 1990. Four persons spoke in opposition. Letters were received in opposition. The Board concluded that no new commercial or retail uses should be allowed; and, on 4-1 vote recommended denial of the modified petition (Purdo dissenting, Bridges abstaining, Schmidt absent). I~~ . City Commission Documentation First Reading of Rezoning Ordinance to Modify 0-38-84 The SAD Ordinance for the Gulfstream Building Page 2 . The Board also considered a motion to accept a modified petition which would effect a rezone from SAD to POCo That motion failed on a 3-2 vote (Purdo and Parker for; Klarer, Schneider and Coopersmith opposed). The Board provided an advisory recommendation that they would support a revised petition which removed the sunset dates from the pharmacy and medical office uses and which would remove restrictions o~ the absolute number and floor area restrictions on already listed (allowable) uses. ALTERNATIVE ACTIONS: It is anticipated that the applicant will provide a letter refuting the formal recommendations of the Board and that he will seek the alternative of rezoning to POCo If~~ommission is receptive of this suggestion, the ordinance before you should be continued to the next meeting with direction to modify it to accommodate such an amendment. The other course of action is to act on the ordinance before you and either approve or deny it. An action of approval will establish a hearing date; an action of denial will require reprocessing, in total, of a new petition. Pursuant to 173.887(A) (2), denial will prohibit acceptance of a new rezoning petition for a period of six months. However, the Commission may waive this prohibition pursuant to findings listed under 173.887(B) . RECOMMENDED ACTION: By motion, denial of the enacting ordinance on first reading based upon the recommendation of the Planning and Zoning Board. Attachments: * P&Z Staff Report dated June 18, 1990 * Letter from the agent dated June 21, 1990 REF/DJK#66/CCGULF.TXT . MICHAEL S. WEINER & ASSOCIATES, P.A. A TTORNEYS AT LAW The Gulfstream Building, Suite 407 1177 N.E. Eighth Street Delray Beach, Florida 33483 MICHAEL S. WEINER . South Palm Beach County (407) 265,2666 . RANDEE J. GOLDER North Palm Beach County: (407) 736.5888 RANDI S. TOMPKINS Broward County. (305) 462.4935 OF COUNSEL: T elecop1er' (407) 272.6831 PETER J. MURRAY - --- '--' ~:: 0 C : ~ ':-: U . tr~ l .., .. ~ \.' ...... . 1990 \ . - -. ' : June 21, JUN21 90 i HAND DELIVERY , Planning Department PLAf'INING &ZON\N~) " - City of Delray Beach ... 100 N. W. 1st Avenue Delray Beach, FL 33444 Attn: David J. Kovacs, Planning Director Re: Suncoast Savings & Loan Association Our File No.: SSAL(62)002 Planning and Zoning Board Meeting of June 18, 1990 Item: Gulfstream Building Rezoning, SAD to LC Dear David: This letter is to express the objection of the Owner and Applicant to the action taken by the Planning and Zoning Board at the above-captioned meeting with respect to the requested rezoning of the property we refer to as the "Gulfstream Building" . Among the reasons for the objection to the recommendation of the Planning and Zoning Board are the following: 1. A consistent zoning plan for the City of Delray Beach should consider rationalization of Special Activities Districts and where possible, allow for rezoning to a designated district. Accordingly, the zoning designation of "LCn would be preferable. However, under the circumstances where the City is seeking an elimination of this category, the next most appropriate category would be "POC". 2. The Planning and Zoning Board rejected a recommendation for "POC" zoning based upon an erroneous assumption that conditional uses listed under POC Zoning would not require public hearing. Proper interpretation of the procedures for Conditional Use is precisely the opposite. , David J. Kovacs Our File No.: SSAL(62)002 June 21, 1990 Page 2 . . 3 . While it is understood that LC Zoning may not have met all of the standards set forth in the staff's report, pac Zoning does meet all of those standards and therefore would be the most appropriate action for the City of Delray Beach to take under all circumstances. Accordingly, the Applicant and Owner respectfully disagree with the recommendation of the Planning and Zoning Board and request the City Commission to act on this application at their regularly scheduled meeting of July 24, 1990 and that the Commission consider th application to be a request for rezoning to pac. ~ MSW/mph . , : " ' t: 0 ) I' ~ ~ CHAPIN & AR~ISTRONG JUN 2 2 90 t ATTOR"'EvS AT LAW .. ':; ell ZO':\'" 120' NOPJ"r:A';J r:lC,H1H 5'"!:[' DELRAY BEACH, FLORIDA 33483-7203 - TELEPHONE 1.s,:)71 272.1225 ROBERT D. CHAPIN TELECOPIr;'" '4':)7) 272 .AAA2 DAVID G, ARMSTRONG lE.(.Al .~.St'STA"'TS I<A" T JASPEnT r ^ ., r ^ VI It. L I A M 5 JlA( Hf l At LEN June 21, 1990 Thomas E. Lynch, Mayor and city commissioners city of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: Gulfstream Building 1177 George Bush Boulevard Dear Mayor and Commissioners: The current owner of the Gulfstream Building by way of foreclosure, Suncoast savings and Loan Association, has applied to rezone the Gulfstream Building from Special Activities District, zoning ordinance 38-84, to Limited Commercial or in the alternative, to increase the uses allowed under the SAD ordinance. At the Planning and Zoning meeting on Monday evening, June 18, 1990, the Planning and Zoning Board recommended denial of the applicant's rezoning request when tied to a suggestion that the Board would support an application to allow a change to a POC district. The Board approved a .second motion to recommend denial of the application for rezoning when tied to a suggestion that the Board support an application to remove the sunset limitations and the percentage limitations on allowed usage as provided for in the existing SAD ordinance. I was intimately involved with the protracted negotiations involving the expansion of the Gulfstream Building from four to five stories, its remodeling, and the rezoning of the property from RM-10 to SAD in 1984 over a three to four month period. In 1984 there were 109 parking spaces for the then #~ "Gold Building.1I Under the existing RH-10 zoning at the time, 127 parking spaces were required. Only 95 parking spaces were Thomas E. Lynch, Mayor and June 21, 1990 City commissioners Page 2 planned under the proposed expansion and remodeling of the Gulfstream Building. I respectfully request that the Planning and Zoning Board's recommendation to remove the restrictions in the current existing SAD ordinance be scheduled for a workshop meeting. In summary, I believe that if you are made awnre of nIl the facts, I believe you will not only deny the rezoning request but will also refuse to amend the existing SAD ordinance. Thank you for your consideration. Sincerely yours, flt~ RDC:ccs cc: David A. Kovacs, Director / Department of Planning and Zoning Elizabeth H. Matthews, Secretary Beach Property Owners Association, Inc. " l~ ,I , )1~ANN' I NG 8 ZONING BOARD STAFF REPORT . - -- - - - : T TY OF OELRAY BEACH MEETING ffiTE: JUNE 18, L990 .. AG~ ITEM: rrLA. ITEM: GULF5TREA}{ BL'ILDI~G REZO~,E, 5..-\.D, to L.C, 4 , pi THE LANDINGS .@ fl.[ .. . , . . ;~NERAL DATA: Owner.......................... .Bill Ham!~onds, President (Suncoast Saving and Loan Assoc.) Applicant............ .... .......8i11 Ha~monds, President (Suncoast Saving and Loan Assoc.) Location........................North side of Northeast 8th Street between Andrews Avenue and the Intracoastal Waterway Property Size................... 1. 35 Acres City Land Use Plan..............Transitional City Zoning............ .........SAD (Special Activities District) Requested Zoning................LC (Limited Commercial) Adjacent Zoning.................Horth, East, South, and \vest of the subject property are zoned Rl'1-10 (Multiple Family Dwelling District) ~ Existing Land Use............... of f ice Proposed Land Use.......,...... .Office and Retail Uses Water Service. .............. ....Existing cn-site Sewer Service..........,.,. .... .Existing on-site ITE~I: III.A, . ITEM BEFORE THE BOARD: The action ~requested of the Board is that of making a recomrnendati~h to the City Commission on a rezoning request from Special Activities District (SAD) to Limited Commercial (LC). The property is Ioca ted on the north s ide of N. W. 8th Street between Andrews Avenue and the Intracoastal. The site is currently occupied by the GuIfstream Building and is situated on 1.32 acres. BACKGROUND: A five story building was constructed on the site in 1962 under the RM-10 zoning district. In March, 1984 a request for a zoning change from RM-10 to SAD, Conditional Use and Site Plan approval was received. The accompanying development praposal included an expansion of the fifth floor from 654 sq. ft. to. 4,062 sq. ft. As the 1984 height regulations only allowed four floors a variance was required for this expansion. A variance was granted by the Board of Adjustment on April 12, 1984. On April 16, 1984 the Planning and Zoning Board recommended approval of the rezoning, condi tional use and site plan request and on September 11, 1984 the City Commission approved the requests via Ordinance No. 38-84, A Final Plat was recommended for approval by the Planning and Zoning Board on November 27, 1984 and received City Commission approval on December 4, 1984. On November 21, 1988, a minor modification was approved by the Planning and Zoning Board amending the SAD Ordinance No. 38-84 eliminating the original restriction of 1,250 sq. ft on real estate firms. The applicant now wishes to change the zoning from Special Activities District (SAD) to Limited CommerCial (LC). PROJECT DESCRIPTION: The purpose of the request is to remove current use restrictions and to provide for additional uses. Ordinance No. 38-84 (SAD) restricted use as follows: * Four (4) Medical Offices, not exceeding 9,200 square feet, which use shall cease on or before January 1, 1991. * Professional Offices limited to: accountants; architects; 1 andscape archi tec ts; attorneys; eng i neers ; and i nd i v idua 1 > and corporate trus tees 1 imi ted to the conduct 0 f "trus t business" as defined in Florida Statutes, Chapter 658, or as may hereafter be amended, but excluding any commercial banking business. . P&Z Staff Report Gulfstream Building - Rezoning (from SAD to LC) Page 2 * Charitabie Foundations. * Executive Offices, of the following: Financial Institutions; market research and analysis companies; publishing companies; real estate investment and development companies; each such executive office limited to 3,500 square feet. * Pharmacy, limited to 720 square feet, which use shall cease on or before January 1 , 1991. * One ( 1 ) Real Estate Brokerage Office, limited to 1,250 square feet. * One ( 1 ) Securities Brokerage Firm, limited to 2,500 square feet. * One ( 1 ) Advertising/Public Relations Office, limited to 1,000 square feet. * One ( l) Nursing Placement Office, limited to 1,500 square feet. * Private Executive Offices ~hich do not conduct business with the general public. The unusual restrictions to specific floor area were initiated in response to concerns relating to traffic generation rates as expressed during the rezoning hearing. At the public hearing the following concerns were expressed: * higher traffic generation rates with general office vs current professional office use. * The additional 3,400 sq. ft. to the fifth floor and its violation of the height ordinance and precedent setting ramifications. * General intensity of use with an additional 3,400 sq. ft. (fifth floor) and associated traffic concerns, quality of life and effect on property values. The applicant's basis for the rezoning is as follows: l. "Under the present zoning the property has served the surrounding community beneficially as the only convenient commercial location east of the Intracoastal Waterway, providing important services, such as prescription drugs and health aids. A sunset clause in ~ the present zoning would end the possibility of providing this service to the local community. P&Z Staff Report Gulfstream Building - Rezoning (from SAD to LC) Page 3 2. The~~es~n~ zoning was designed prior to the completion of ,s~gn.l f lcan,t medical of f ice space around both the Delray Communlty Hospital and Bethesda Hospital. As a result, restriction to a percentage mix of tenants is no longer necessary nor is it desirable. There is a wide disbursement of doctors across the City and in fact it ',.;ould now be beneficial to the City if professionals ',.;ere encouraged to stay east of the Intracoastal Waterway. 3 . Special Activities Districts by their nature lack uniformity with the remaining zoning scheme for the city. Where possible, it is a good practice to promote zoning to a general category such as Limited Commercial. 4. Because of the relatively small. size of the building and the general nature of the area, rezoning of this property would not impact on any of the surrounding properties which are already developed as multi-family and for residential use", COMPREHENSIVE PLAN: The current land use designation for this parcel is "transitional". LC zoning is presently consistent with that land use designation. However, Plan Amendment 90-1, currently under State review, has recommended that the provision which accommodates LC Zoning within the "transitional" land use category be deleted. These changes are slated for implementation in september at the earliest. This request creates a dilemma in that if the rezoning is approved, the adoption of the above changes will make the zoning nonconforming and incansistent with the Future Land Use Map. In light of the above, it may be more appropriate to consider another alternative, that of expanding the current uses allowed under the existing SAD zoning designation. The following policy statements contained within the Comprehensive Plan relate to the request before you: Land Use Policy A-5.3 The following zoning districts shall be eliminated: *MI & LI, upon creation of a new Industrial district * SC upon creation of a new AC district *CC and LC upon creation of the PC District ~ *MOI *RH (High Density Residential) *ACT (no lonqer needed) I P&Z Staff Report Gulfstream Building - Rezoning (from SAD to LC) Page 4 *RM-6, RM-IO, ~~ - 1 5 , PRD-4, PRD-7, PRD-IO (all of which are accommodated by the RL, RM, PRD-L and PRD-M Districts). - Land Use Policy A-5.7 The current SAD zoning district may be used in the application of zoning to any land use (map) designation/category. The uses to be allowed in any specific S.A,D. zoning shall be determined by the City Commission at the time of rezoning to S.A.D. The district may include uses from more than one land use category, ZONING ANALYSIS: The requested zoning is that of Limited Commercial (LC) . The surrounding zoning is RM-10 (multi-family) to the south, east, west and north. The application has been assessed under Section 173.888 "Standards for Evaluating Rezone Requests". Following is the results of that review: Standard A (will change be contrary to the proposed Land Use Plan) The LC Zoning District is currently consistent with the Land Use Map designation of "Transitional Commercial". However, as per the discussion under the Comprehensive Plan section of this staff report the LC Zoning District is to be removed from the "transitional" zoning district. If approved, the LC zoning would then become nonconforming and inconsistent with the Future Land Use Plan. Standard B (Relationship to existing Land Use Pattern) The existing land use pattern is that of Multiple Family Residential (RM-IO) to the north, south west and professional office to the east. To the north the property is bordered by the "Waterway North Condominiums", to the west by the "Waterway North II Condominiums", to the south by the "Landings Condominiums". To the east of the site is bordered by Andrews Avenue (N of 8th Street) and a one-story professional office developed under RM-lO zoing district. Standard C (spot zoning) Approval of the requested zoning change would result in a spot zoning situation. If an alternative such as expanding the allowed uses under the current SAD ordinance was considered, a positive finding could be rendered to this standard based on the following: ( a) that the zoning district is consistent '", i th the ~ Future Land Use Map; and, ( b) '..; ill represent the current Land Use pattern. . P&Z Staff Report Gulfstream Building - Rezoning (from SAD to LC) Page 5 Standard D (lC!ad on public facilities) . From an impact upon facilities and the provision of services, a change from SAD to LC will not increase demand on water/sewer systems or the need for parks areas. Traffic is addressed in Standard H. Standard E (district boundaries illogically drawn) This standard is not involved in that the boundary follows a currently developed, platted parcel. Standard F (changing conditions made rezoning necessary) No changing conditions other than the imposition of the sunset clause date have made this rezoning necessary. The applicant argues that the property has served the surrounding community as the only convenient commercial location east of the Intracoastal providing important services, such as prescription drugs and health aids. The sunset clause in the current SAD would end the possibility of continuing this service to the local community. Standard G (adversely affect living conditions in adjacent neighborhoods) As the proposal involves an existing building, any impact would relate to the additional uses which .....ould be allowed. The most significant change would be the ability to accommodate retail uses. Any additional retail uses would probably be limited by economics to the ground floor creating minimum impact and not adversely affecting living conditions. Standard H (change create increase traffic) The rezoning will allow the introduction of retail uses as well higher traffic generating office uses. The new uses will have both a greater traffic volume and different peak hours. With the current office uses, peak volumes occur in the morning and evenings corresponding with employee arrival and departure times. If unrestricted medical office space and retail uses are allowed, the traffic volumes will be steady throughout the day. However, the site contains 25,000 sq. ft. and additional traffic generated has the ability to quickly disperse on N.E. 8th Street to both Federal Highway or AlA thus minimizing any impact on adjacent neighborhoods. Standard I (change create a drainage problem) ~ All project drainage is currently accommodated on site via swale areas and catch basins. . P&Z Staff Report Gulfstream Building - Rezoning (from SAD to LC) Page 6 Standard J ( G.h~nges impact on light and air) This standard does not apply as this petition relates to an existing building. No additions or improvements are proposed to the building at this time. Standard K (effect on property values) There should be no direct correlation between a change in the utilization of the existing building and property values in the area. Standard L (deterrent to improvement of adjacent properties) All adjacent properties are currently developed and are well maintained condominium properties. This development should not be a deterrent to maintaining these existing conditions. Standard M (special privilege) Approval of this request would not represent conveyance of a special privilege to the applicant. In actuality this petition or an alternative which would remove current square footage restrictions would extend flexibility allowed within all zoning districts including other SAD properties. Standard N (property used with existing zoning) The property can be used under the current SAD zoning district. However, continuation of both the pharmacy use and medical offices are required to cease under the current SAD ordinance on or before January 1, 1991. Standard 0 (change out of scale) This standard does not apply in that the proposal does not involve conversion of vacant land to a new zoning district but involves allowing additional uses into an existing building. Standard P (other areas with appropriate zoning) Other LC Zoning Districts exist throughout the City which could accommodate uses proposed for this parcel. However, this standard usually refers to new development proposal on vacant land and not introduction of new uses to existing buildings. Standard Q (sufficient evidence for need of change) The main basis for the change is to free the property from floor area restrictions on use as '.-lell as to allow for additional uses. ~ This evidence in itself does not justify a zoning change to an LC zoning district, as the above can be accommodated by other means 1. e. modification of the current SAD zoning ordinance. . P&Z Staff Report Gulfstream Building - Rezoning (from SAD to LC) Page 7 ASSESSMENT AND-CONCLUSIONS: - Though the LC zoning district is currently consistent with the "transitional" commercial land use designation, it is clear that in the future LC will be eliminated and therefore be inconsistent. If approval "",as granted this parcel would become nonconforming and incompatible with the Future Land Use Plan at that time. With knowledge of this pending action it appears inappropriate to recammend approval of this request. Further, the reasons for this request, that of removing current restrictions and allowing additional uses can be accommodated by amending the existing SAD ordinance. With pursuit of this alternative, consistency '",ith the Future Land Use Plan would be maintained via Land Use policy A-5.7 which states that SAD zoning be consistent with any Land Use ~ap designation. Consistences with the "transitional" land use designation could also be maintained by rezoning. to one of the following zoning districts; RO, MOl, NC, POC, or CF. Some of these designations are not appropriate while others do not accommodate the applicants wishes of retail uses and a wide range of office uses. However, the zoning designation of POC closely resembles the current use of the building (see attached list of POC uses). The alternative to amend the original SAD ordinance to accommodate a diminished list of LC uses was discussed with the applicant. The applicant has indicated a willingness to proceed in this manner and has submitted a diminished list of uses and amendment to the application on June 14, 1990 (at tached) . Further "short listing" of the uses may be appropriate based on the Board review and public testimony. Based upon early response from public notices, objections to the introduction of any retail uses is expected. If after considering public testimony the Board deems retail uses to be inappropriate east of the Intracoastal Waterway the Board may elect to recommend the POC Zoning alternative listed as Alternative *3. ALTERNATIVES: 1- ay motion, forward a recammendation of denial based upon a finding that the requested zoning of LC will be inconsistent with the "Transitional" land use designation on the Future Land Use Map, and based upon failure to make positive findings with respect to Standard C (spot zoning), Standard F (changing conditions made rezoning necessary) and Standard Q (sufficient evidence for need of change) of the Seventeen Standards for evaluating rezoning requests. ~ -"" I P&Z Staff Report Gulfstream Building - Rezoning (from SAD to LC) Page 8 2. By motiorr, fon.;ard a recommendation of approval based upon a positive- finding that the requested zoning of LC is consistent with the "Transitional" land use designation on the Future Land Use t-1a p , that the request has been studied with respect to the Standards of Section 173.888, and that the Board finds the request to be generally accepted with respect to these standards. 3 . By motion, forward a recommendation of denial of the LC zoning change based on inconsistency with the land use plan and failure to make positive findings with respect to standards for evaluating rezoning requests and with direction that a positive recommendation would be forwarded if the applicant were to amend the application to POCo 4 . Accept the amended petition in which the existing SAD Ordinance is expanded by allowing the attached list (Exhibit A) as presented or amended and forward a positive finding of consistency with the "transitional" land use designation and upon positive findings with respect to the seventeen standards for evaluating rezoning requests. RECOMMENDATION: Accept the amended petition in ',.;hich the existing SAD Ordinance is expanded by allowing the attached list (Exhibit A) as presented or amended and f o r....a rd a positive finding of consistency with the "transitional" land use designation and upon positive findings with respect to the seventeen standards for evaluating rezoning requests. ~ . P&Z Staff Report Gulfstream Building - Rezoning (from SAD to LC) Page 9 Uses al16wed within the LC zoninq district: Permitted Uses Antiques Art galleries, supplies and crafts Auctions Bakeries Barbershops Bath shops Beauty shops Bookstores Broadcasting studios Business machines, including service Business offices Caterers Cheese shops Confectioneries Cosmetics Delicatessens Department stores, of 20,000 sq. ft. or less Draperies and slipcovers Drugstores Dry cleaning, limited to 1,500 sq. ft. , customer pick-up anly Dry cleaning pick-up stations Exercise facilities Fabric stores Family day care as defined in S 173.001 Financial institutions, including drive-in facilities Florists Food stores Gift shops Health foods Hearing aids Hobby shops Home furnishings Ice cream parlors Import shops Interior decorator shops Jewelers Leather goods Libraries Luggage Multiple-family projects or dwelling units, not exceeding 50% of the gross floor area, in conjunction with commercial purposes consistent with this district. These projects shall comply with the district regulations for the R:1- 1 5 District, except > for setbacks and height '...hich shall be as specified in this District and are subject to site and development plan approval. , P&Z staff Report Gulfstream Building - Rezoning (from SAD to LC) Page 10 (Continued) Uses allowed within the LC zoninq district: Museums Music shops Newsstands Optical equipment Parking lots and parking garages Photographic equipment and supplies Photographic studios Professional offices Restaurants Sewing supplies Single-family residences located on the same parcel of land as the commercial use. Sporting goads Stationery Tailoring Tobacconists Toy shops Travel agencies TV sales and repair Wearing apparel and accessories for men, women and children Conditional Uses * Adult congregate living facilities * Alcohol and drug abuse treatment facilities * Child care and adult day care * Churches or places of worship, including their attendant educational, recreational and columbarium facilities * Clubs and lodges, including fraternal, recreational and special * Cocktail lounges and bars * Community center facilities * Continuing care facilities * Gasoline service stations * Hotels and motels * Multiple-family projects or dwelling units * Natural resource utilities * Public utilities * Resort dwelling units > .. P&Z Staff Report Gulfstream Building - Rezoning (from SAD to LC) Page 11 - :Uses allowed within the POC district PERMITTED USES: The following are permitted uses in the POC District: Art galleries and other cultural institutions Banks and financial institutions, excluding drive-in facilities Brokerage establishments, including watercraft, aviation, and motor vehicles, without on-premises storage of items which are brokered, except that securities brokers may store securities brokered by them on the premises Business offices Computer services, excluding on-site repair Family day care Medical and dental laboratories Multiple-family projects and their attendant recreational facilities, subject to site and development plan approval. These projects shall comply with the district regulations for the RL Zoning District. Museums Photographic studios Professional offices Single-family residence Travel agencies CONDITIONAL USES: Child care and adult day care Churches or places of worship and their attendant educational, recreational and columbarium facilities Drive-in facilities for banks and financial institutions Educational institutions Governmental offices and post offices Health spas and fitness clinics Residential all-suite lodging (residential inns) Social and philanthropic institutions PD/#31/GULF.TXT ~ I 17 S/)1.7t:7'q/y~ \ ~ 1. , \ I: , ~~ \ :)~ \ , , \ ; \ i \ ~ . ~ \ '~~', I ~', , )" ~'-"" - .. . \ ", ,~ .r" _'1' "":'.--":.':'[ , \ ' ~/71)J'.)p' . "., ) - >1.) I " ~ '.:-- , --~. - \ ~,I' ,,, ~ '~'" I.....' '\ \ .'. ~ tI ' -'; v '- i . L-'\ \ : ~~ ... \, \ \ \. \, \ \ \ ! v , I \ , . : I, ~J ' '\ ! ~ \ I ; I \ I 't; I " '. + d~','~ :~, -j \ - ,', ,:./ , ",' .... , ". .. " . \ ~ , . . - '-~. ;~'.1 , :-:, '\ '"--,, "1 \ .J ~...--_". \ "-- ,--.. " . . \ \ , 0.". : \.--~'\. ,. \'" .~ _ \J\ __ \ . _ _ '''' """ .\ '. \,...~ : " J~ \ \ .. _ _ I \l\ \,.\~" " ,"I"~ CXIS'IIIJ(,. i' \-\~ "- C II I '.. " '\, \,'\ ,., , ' " "t ~;" ... \'~ C L' t.J ~ IT I C: t--j .:) ; ! \,.~ \'\~ I' ..'~ :. ' ~ , ~ '- .. <t: '\ ,...."\ '~ ~ . , , : I .. ~ !I I "-""" , .-..-'""\ ... \.\ '\ . , , ~ I \ '.-/ .... '..':. ~ ' ~ . ':' ' ... .. , \ II . ',' ,', '. ' , ~. ~ . ' "\ '\\ ~, I I -\\ ~,.,"'- .' '~ .... - \., , ,... ~ ~ !. \" ~\ \ : -' " ~ ~ I , ' - .. ~ \ . . '.' r- . '. "I \ , \ . \ " : I' \~ ~.\ ,," \ \ _ \ '" I ~ ., ..... I J ' , . ... ~ ' , ~ I \, _ _" \ \. ~ \ \--- - . ./ \, \ --I '\. - \._. .' ", \' .,", U' '-,-- I ; ~ '\, 1- ' \ r ' - ~ ~J ," I ,"', p , II.. I ~ \ I '\ ~.. I ; \ I \ \ \ \. ' . . " I. _. ~ I . WILLIAM T. BACON, JR. . .... ~ ~ '-.' '1' I . . ., jOt", " .r.... . , q,. - - June 14. 1990 Planning Department City Hall 100 N.W. 1st Avemie Delray Beach, F lor Ida 33444 Gentlemen: As a home owner in the vicinity of ,\nJrE;?\.'s Avenue amI 8th Street I am strongly opposed to the rezoning of the Gulfstream building owned by the Suncoast Sav ings & Loan -, Association. Your definition of limited commercial district specifically states that it is to provide an area for reta 11 activities located in the area of East Atlantic Avenue, between the Intracoastal Water~ay and the Atlantic Ocean. The area surrounding the Sunccast Bui1din~ is totally residential and to impair a series of Sr.1<111 stores which are commercial in nature in thZlt area \.'ould change the entire character of the neighborhood. Further, it would appear to me that this was not the intent of the original L C Zoning. As you may know, the top floor of this building has been leased for offices and will be used by people having residences in the nearby area. This type of use is unobtrusive and 1 am quite sure the business gentlemen who \.:ould occupy the top floor are not interested in having coaoercial activities below them. Would you please advise as to what further residents in the area can do to block this rezoning. Very truly yours, t ,. \ . - , \ \ \ " \ - '~-' , '< ' \ '-- WTB/lj , JUH 1 s 90 I . ,.~-r"I"r'1 _ ' ..I,,,,,] C, LUI. ,. -' . '.. -----. .. EDWARD M. Hl'DGr~s 9037 'X-OOD 50RRn DRIVE R:Cll.\lO~D. \'lRr,/:<"I^ : 322? . . ~ IIllftt) f.1~1 ~ l17 j ~'d r1-.~?-t ~. -J ~ 0-./ ~. i- --' 4./ -<.&A...o..t...-I "5-ch. A...........~.71 ~<-V~..1~7~ 1 ~.J- r ,.It^/). ~<!.A~ s~r.... .{ .:r 4.-0<./ ~ '0...:6. ~ ~ "';>, I Ii f D . J~~~~14-i~ ~v/~~~d~~<L ~ ?J:!r~7~~V~ t1-ct ~ ~'J",-, -'LQ.L..~"'L2r' ~CLk~-4:. dd..~'4~~~~ ~ )z.... ~ ""'- .) ---f c/~ k.d Jz 1I~~~ - - ~~~~ . . ----.. . :=iErc;\ 'i=:O -.j. ..' '.~ ~ J1JN 1 3 90 , 1 '. ',' ""If'IG' : -"" "', 6. t..ONf.'!0 - .'-.. . I MICHAEL S. WEINER & ASSOCIATES, P.A. A TTORNEYS A T LA W The Gullstream Building. SUite 407 . , 177 N E. Eighth Street - . - Delray Beach. Flonda 33483 MICHAEL S. WEINER Soulh Palm 8eacn Ccu<"l'V \407) 265.Z666 RANOEE J. GOLOER North Palm 8eacn Cour"l'V (407) 736-5888 RANOI S, TOMPKINS Broward Cou<"l'V 13051 4624935 OF COUNSEL: T e1eccc'er (407) 2~2 6831 PETER J. MURRAY June 14, 1990 P.AND DELIVERY ?l3nni~g De~artment City of Delray Beach /' :' RECEIVFD 100 N. w. 1st Avenue oelray Beach, FL 33444 : JUN1 4 90 Attn: Mr. David J. Kovacs, Planning Director :lLAt~Nlr:G & ZO'~" Re: Suncoast Savings and Loan Association .~., -- -,- Our File No.: SSAL(62)002 Dear David: Please consider this letter to be an ~~endment to the Application for Rezoning as originally submitted to you by hand delivery on May 4, 1990 with respect to the subject property referred to therein, namely 1177 N.E. Eighth street (a/k/a George Bush Boulevard), Delray Beach, Florida 33483. It is the desire of the applicant to amend the application as follows: 1. It is the desire af the applicant to change item ( I ) with respect to proposed zoning to "Special Activities District". 2. Pursuant to Section 173.631 of the Zoning Code of the City of Delray Beach, the applicant requests that the uses and activities allowed within this given Special Activities District shall be those set forth in Exhibit "A" attached hereto. It is the belief of the applicant that these uses and activities are compatible within the district in relation to the present and prospective development in the areas surrounding the district and the City as a whole, 3 . It is the intention of tte a~plicant to consent to 3 restriction that those i':e:-s :::esignated in ::::-:hiti': II .. " to this Amend~ent as "~et:::i~ :';ses" te li:7\ited ':0 -~C> ~ ....... - ground floor of prese~t ~~i:ding located on the s'....:bj ec': property or to the gro~~d floor of any future buildings that might be located on ':~e subject property. .-, ~ planning Department City of Delray Beach Our File No.: S~AL(62)002 June 14, 1990 . page 2 4. Applicant requests :~at othe~ than the amendments set forth herein, ~ha~ the application ce processed by the City of Delray Beach en the basis of the information supplied and that the d9plicant may continue with this application before the ?lanning and zoning Board of the City of Delray Beach, ?lorida and the City Commission of the City of Delray Beach, Florida on the present schedule. Thank you for your consideration. It is our understanding th3t this matter/will be before the Planning and Zoning Board at its regularly scheduled meeting on June 18, 1990, I Very truly yours, ( -\ : I / ~' 1 I, / \ \.U I . _ J _ , Michael S. Weiner, Attorney and Agent for the applicant, Suncoast Savings and Loan Association ~1SW/mph cc: Suncoast Savings and Loan Association Attn: wendy Mitchler, Esquire , . I l EXHIBIT "All . - . I . COMMERCIAL USES The following ace corrmecc:al pecmitted uses in this SAD Distcict: 1- Antiques 2 . Art galleries, 3~;;~~es a~d crafts 3 . Bacbershops 4. Beauty sho~s 5 . Business mach~~es, _~c~~j:ng service 6 . Business of:ices 7 . Confectionec:es 8, Exercise faci~:~:es 9, Financial i::st:.:.....:.:.:..8:1S I i~cluding drive-in facili~~e3 10. Hearing aids 1l. Interior decor3t~c shops 12. Optical equi;ment 13 . Photographic equi;~ent and supplies 14. Photographic studios 15. Professional offices 16. Restaurants 17. Sewing supplies 18. Stationecy 19. Tailoring 20. Travel agencies 2l. TV sales and repairs II. RETAIL USES The following are retail permitted uses in this SAD district limited to the ground floor of any building located thereon: 1. Bath shops 2. Bookstores 3 . Cheese shops 4. Cosmetics 5. Delicatessens 6 , Drugstores 7 . Dry cleaning, limited to 1,500 square feet, custor-e:::- pick-up only 8 . Dry cleaning pick-up stations 9 . Florist 10, Food stoces 1l. Gift shc;Js ~ - , - - I . 12. Health goods 13. Hobby shops 14. Home furnishi::-;S 15. Ice cream parlors 16. Import-shops 17. Jewelers 18. Leather goods 19. Music shops 20. Newsstands 2l. Sporting goods 22. Tobacconists 23. Toy shops 24. Wearing apparel :3:1::1 ac:c:essories for men. women, and children III. CONDITIONAL USES As prescribed in t~e Zoning Code of the City of Delray Beach and after the review of the a~91ication and plans appurtenant thereto, and hearing thereon, if the Planning and zoning Board finds as a fact that the proposed use or uses are consistent with the Special Activities District, good zoning practice, not contrary to the Master Plan, and not detrimental to the promotion of public appearance, comfort, convenience, general welfare. good order, health, morals, prosperity, and safe:y of the City, t:--.e follawing uses may be recommended to :~e Co~~ission as conditional uses: Adult congregate living facilities s~cject to S173.063 of the Zoning Code of the City of Delr3Y 3each Child care and adult day care, subject to 5173.063 of the zoning Code of the City of Delray Beach Churches or places of worship, including their attendant educational, recreational, and columbarium facilities Clubs and lodges, including fraternal, recreational, and social Cocktail lounges and bars subject to Chapter 113. Cocktail lounges and bars shall provide a sufficient exterior ingress and egress Community center facilities Continuing care facilities, subject to ~173.064 of tr-.e Zoning Code of the City of Delray 3each Hotels and motels ~ -2- iiI< Multiple-family projects or dwelling units. These projects shall comply with the district regulations for the RM-1S District, except for setbacks and height which shall be as specified in this. District, and are subject to site and development plan.?pproval. Resort dwelling ~ni~s, s~bject to site and development plan approval. These projec~3 shall comply with the district requirements far the RM-1.5 Zo~.:.::g District. ~ -3- ~ . ORDINANCE NO. 21-90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DElRAY BEACH, FLORIDA, AMENDING TITIB 5 "PUBLIC WORRS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW CHAPTER 56 ENTITLED nSTORMWATER, n MAKING CERTAIN FINDINGS AND DETERMIHATIONS: PROVIDING FOR THE CRE- ATION AND ESTABLISHMENT OF A CITY-WIDE STORMWATER MANAGEMENT SYSTEM: AUTHORIZING THE COMBINING OF ALL STORM- WATER FACILITIES PRESENTLY OWNED BY THE CITY OF DELRAY BEACH IN'l'O SUCH UNIFIED S'roRMWATER MAHAGEJmNT SYSTEM: PR0- VIDING A FUNDING MECHANISM FOR FINANCING AND REFINANCING ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE STORMNATER MANAGEMENT SYSTEM AS WELL AS THE COSTS OF OPERATION AND MAINTENANCE THEREOF; IMPOSING A STORMWA~ER MANAGEMENT ASSESSMENT ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH IN RELATION TO THE BENEFIT DERIVED FROM THE OPERA- TION, MAINTENANCE, IMPROVEMENT AND EXPANSION OF SUCH SYSTEM: PROVIDING FOR THE ESTABLISHMENT OF SUCH STORMWATER MANAGEMENT ASSESSMENTS BY RESOWTION: PROVIDING FOR PENAL- TIES AND LIENS: ESTABLISHING AN INTERIM AND P~ METHOD FOR THE COLLECTION OF THE STORMWATER MANAGEMENT ASSESSMENTS: PROVIDING A PROCEDURE FOR ADJUSTMENT OF THE STORMWATER MANAGEMENT ASSFSSMENTS: Am'IIORIZING TIfE DIRECl'OR OF PUBLIC WORKS OR HIS DESIGNEE TO ADMINISTER THE STORMWATER MANAGEMENT SYSTEM: AUTHORIZING TIfE ISSUANCE OF REVENUE BONDS TO FINANCE AND REFINANCE THE ACQUISITION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE STORMNATER MANAGEMENT SYSTEM: PROVIDING FOR THE TERMS OF PAYMENT OF SUCH BONDS: CREATING AND ESTABLISHING A STORMWATER MANAGEMENT ENTERPRISE FUND: SETTING FORTH CERrAIN DEPINI- TIONS: PROVIDING A REPEALER AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE Dl\TE. WHEREAS, the City of Delray Beach, Florida (the "city"), currently owns and operates a stormwater system for the collection, control and disposal of storm and other surface waters (the "Existing System"); and WHEREAS, the City presently does not have in effect any comprehensive stormwater management program to administer the Existing system; and WHEREAS, policies E-1.1 through E-1.6 of the Public Facilities Element of the City's Comprehensive Growth Management Plan -1- Ord. No. 21-90 l~~ I ; address the need for the development of a stormwater drainage master plan; and WHEREAS I the city has retained the services of the engi- neering firm of Gee & Jenson (the "consulting Eng ineerll ) to study the condition of the City's Existing System, the future improvements nec- essary to promote the health, safety and welfare of the citizens of the City and the funding methods available to make such improvements, and to make recommendations to the City Commission of the City of Delray Beach (the "Commission") regarding the same; and WHEREAS, under the Federal Water Pollution Control Act, the Federal Government has established, as a national priority, the restoration and maintenance of the integrity of the nation's waters, and in connection therewith, has mandated permitting requirements for stormwater discharge; and WHEREAS, in furtherance of such Federal goals, it is the intent of the Florida Legislature that units of local governments be responsible for the development of mutually compatible stormwater management programs; and WHEREAS, the findings of the consulting Engineer's study revealed that the City's existing stormwater management program is loosely defined, reactionary to immediate problems, existing storm- water funding methods fall short of satisfying future needs, and the current level of service offers no comprehensive solution to water quality and flood control; and WHEREAS , based on Federal and State mandates regarding stormwater management, the implementation of the Public Facilities Element of the City's Comprehensive Growth Management Plan, as it relates to stormwater management, and the findings of the City's Consulting Engineer, the Commission finds it to be in the best inter- ests of the City to create and establish a unified City-wide storm- water management system (the IlSystemll); and WHEREAS , the owners, tenants and occupants of praperty within the geographical boundaries of the City will derive a special benefit from the effective management of stormwater and other surface water and from the operation, maintenance and expansion of the system; and WHEREAS , the Commission hereby finds 'it necessary and desirable and in the best interests of the City to establish a rea- sonable and rational stormwater management assessment of property located within the geographical boundaries of the City in proportion to the benefits derived from the System and the impact such property has on the System. -2- Ord. No. 21-90 t detention of stormwater runoff, minimization of the need to construct storm sewers, and the enhancement of the environment~ and (G) ~o provide for the issuance of bonds to finance addi- tions, extensions and improvements to the System. SECTION 56.03. Findinqs and Determinations. It is hereby found, determined and declared, as follows: (A) That all terms not otherwise defined in this Section shall have the meaning ascribed to such terms in 56.04 of this Chapter. (B) That, as a means of complying with Federal and State mandated goals and priorities relating to stormwater management, to facilitate the implementation of a stormwater drainage master plan, as required by the City's Comprehensive Growth Management Plan, and provide for the current and future needs of the City, with respect to collection, control and disposal of storm and other surface water within the geographical boundaries of the City, the Commission hereby finds it to be in the best interests of the City to combine the City's Existing System and all stormwater drainage facilities relat- ing thereto presently owned and managed by the City, including but not limited to such storm sewers, drains, culverts, retention sys- tems, detention basins, drainage wells, conduits and appurtenant fea- tures, catch basins, desilting facilities, recharging basins, outfall structures, equipment and all appurtenances, whether man-made or nat- ural, necessary, useful or convenient for a unified stormwater man- agement system. (C) That land use and development affecting storm and surface water should be managed, regulated and controlled under the unified management of a city-wide system for the purpose of, among other things, reducing or controlling erosion, sedimentation and tur- bidity, and other pollution of water, danger and damage to life and property, and to protect and encourage the use of natural and effi- cient man-made means to these ends. (0) That the establishment and operation of the System will serve a vital public purpose and promote the common interests, and provide for the health, safety and welfare of the citizens of the city. (E) That those elements of the System, which provide for the collection, storage, treatment and conveyance of stormwater, are of benefit and provide value to all properties within the city. -4- Ord. No. 21-90 j NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOI.IDNS: SECTION 1. Stormwater Chapter. That Title 5, "Public Works" of the ~ode of Ordinances of the city of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Chapter 56, "Stormwater," to read as follows; GENERAL PROVISIONS SECTION 56.01. Authoritv. The statutory authority for the creation and implementation of this Chapter is the home rule power of Article VIII, ~2(b), Florida Constitution, chapter 166, Florida statutes, as amended and supplemented, Section 403.0893, Florida Statutes, as amended and sup- plemented, Chapter 197, Florida Statutes, as amended and supple- mented, the city Charter of the City of Delray Beach, Florida, and other applicable provisions of law (herein referred to as the "Act") . SECTION 56.02. Scope and Pu~. The scope and purposes of this Chapter are: (A) To provide for effective management and financing of a stormwater management system within the City (the "System"); (B) To provide a mechanism for mitigating the damaging effects of uncontrolled and unplanned stormwater runoff from both a water quality and water quantity standpoint; (C) To improve the public health, safety and welfare by providing for the safe and efficient capture and conveyance of storm- water runoff and the correction of stormwater problems; (D) To authorize the establishment and implementation of a master plan for stormwater drainage including design, coordination, construction, management, operation, maintenance, inspection and enforcement; (E) To establish reasonable stormwater management assess- ment based on each property's estimated contribution of stormwater runoff to the System and the benefit derived from the use of the facilities of the system; (F) To encourage and facilitate urban water resources management techniques, including but not limited to the retention/ -3- Ord. No. 21-90 u -.,---_._.~.,-_.- --------,---- J "Department" shall mean the Department of Public Works of the City having jurisdiction and cognizance over the System and mat- ters relating to the use, management, operation and maintenance of the System. . "Developed Property" shall mean any property with more than 7% of Impervious Area on such property. "Director" shall mean the Director of Public Works or his designee. "Equivalent Residential Unit" or "ERU" shall mean the average square footage of Impervious Area for detached single family residential units within the Benefited Area. An ERU is numerically equal to 2,502 square feet of Imper~ious Area which represents 5.7 percent of one (1 ) acre of land. "Existing System" shall mean the City'S stormwater system and facilities existing at the time of the enactment of this Chapter. "Impervious Area" shall mean an area which either prevents or retards the entry of water into the soil mantle. Common Impervious Areas include, but are not limited to, rooftops, side- walks, walkways, patio areas, driveways, parking lots, storage areas and other surfaces which similarly impact infiltration and runoff, and would also include ponds and lakes or other bodies of water unless such property is classified Non-Assessed Property. "Interim Collection Method" shall mean the method to be utilized by the Department to bill and collect the Stormwater Management Assessments for the period from the date of enactment of this Chapter to but not including the Year commencing October 1, 1991- "Non-Assessed Property" shall mean public rights-of-way, lakes, rivers, and other bodies of water not utilizing or having a direct or indirect impact on the System, and such other properties within the Benefited Area which may be determined by the Director to be exempt from the payment of the Stormwater Management Assessment. "Non-Residential Property" s hall mean any Developed Property which does not have as its major use a place of residence and is not classified as residential by the Palm Beach County Property Appraiser. -6- Ord. No. 21-90 (F) That the cost of operating and maintaining the System and the financing and refinancing of existing and future necessary repairs, replacements, improvements, and extensions thereof should, to the extent practicable, be allocated in relationship to each property's estimated contribution of stormwater runoff to the System and the benefit derived from the use of the System. (G) That it is the intent of the commission that the Stormwater Management Assessment partially fund the Stormwater Management System Enterprise Fund (hereby created and established) for the city. (H) That the Benefited Area, with respect to Developed Property, shall be assessed a charge on the basis of the pro rated amount of the Impervious Area, developed from localized studies within the City performed by the city's Consulting Engineer. (I) That it is recognized that Unimproved Land also con- tributes stormwater runoff to the System and receives a benefit from the use of the System, and therefore such.lands should also be assessed a per acreage charge based upon the estimated contribution of stormwater runoff to the System and the benefit derived from the use of the System. SECTION 56.04. Definitions. The following words, when used herein, shall have the mean- ings indicated, unless the context indicates otherwise: "Act" shall have the meaning set forth in 56.01 of this Chapter. "Benefited Area" shall mean the geographical boundaries of the City including all future annexations and consolidations. . "City" shall mean the City of Delray Beach, Florida, a municipal corporation. "Commission" shall mean the city commission of the City of Delray Beach, Florida, acting as the governing body of the City. "Consulting Engineer" shall mean a qualified engineer or engineering firm licensed in the State of Florida and retained by the City to perform the acts and carry out the duties relating to the System, as required by the City. -5- Ord. No. 21-90 " SECTION 56.05. Creation of Stormwater Manaqement System. Pursuant to the Act, the City hereby creates and estab- lishes the System, thereby combining the Existing System and declar- ing its intent~on to acquire, own, construct, equip, operate and maintain all stormwater facilities, equipment and appurtenances nec- essary, useful or convenient for a complete stormwater management system. The Department shall have jurisdiction over the System and the responsibility for the administration thereof. The City Manager shall initially appoint the Director and any successors to oversee the operation of the System. The Director, in coordination with the City Manager, City Engineer and Director of Finance, and in consulta- tion with the Consulting Engineer, shall have the responsibility for planning, developing, and implementing stormwater management plans; financing, constructing, maintaining, rehabilitating, inspecting, and managing existing and new stormwater' facilities; collecting fees and charges other than the Stormwater Management Assessments; implement- ing and enforcing the provisions of this Chapter; and other related duties as may be directed by the Commission. STORMWATER MANAGEMENT SECTION 56.15. ImDosition of stormwater Manaqement Assessment. Classification and criteria. (A) A Stormwater Management Assessment is hereby imposed on each parcel of land, other than Non-Assessed Property, within the Benefited Area. (B) For purposes of imposing the Stormwater Management Assessment, all parcels of land, other than Non-Assessed Property, shall have one of the following classifications: 1. Developed Property (a) Residential Property (b) Non-Residential Property 2. unimproved Land (C) The Stormwater Management Assessment shall be fair and reasonable and levied in proportion to the special benefit each parcel receives by the use of the System, including such additions, extensions and improvements made thereto. It being recognized that both Developed Property and Unimproved Land contributes stormwater runoff, and absent the utilization of the System, the use, enjoyment and value of each parcel will be diminished in proportion to the uncontrolled stormwater runoff attributable to each such parcel. It -8- Ord. No. 21-90 . "Residential Property" shall mean any Developed Property - which has the majority use as a place of residence and is so classi- fied by the Palm Beach County Property Appraiser. "Stormwater Management Assessment" shall mean a non-ad valorem assessment imposed by the City pursuant to this Chapter and section 403.0893, Florida statutes, as amended and supplemented, an all Developed Property which is not Non-Assessed Property, and on all unimproved Land which is not Non-Assessed Property, in the Benefited Area in relation to each such property's estimated contribution of stormwater runoff to the System and the benefit derived from the use of the facilities of the System, and the future improvements to be funded from Stormwater Management Assessments. Such Stormwater Management Assessment shall include a pro rata cost of the operation and maintenance of the System, based on the same proportion of bene- fit assessed against each parcel within the Benefited Area, "Surface Water Management Permit" s hall mean a South Florida water Management District permit for surface water management facilities. " System" s hall mean the City's unified Stormwater Management System, as more particularly described in 56.03(2) of this Chapter, and including management services such as designing, permit- ting, planning, and reviewing stormwater-related infrastructure~ operation, maintenance, repair and replacement of the infrastructure~ and the improvement or enhancement of the infrastructure related to the approved Public Facilities Elements of the Comprehensive Growth Management Plan for the city. "Unimproved Land" shall mean ( i) any undeveloped land regardless of its zoning classification by the Palm Beach County Property Appraiser, and (ii) any developed property (other than a single family residence) which has less than 7% of Impervious Area. "Year" shall mean the City's fiscal year commencing on October 1 and continuing to and including the next succeeding september 30, or such other annual period as may be prescribed by law. "Uniform Collection Method" shall mean the method ( except as otherwise provided in this Chapter) to be utilized by the City for the Year commencing October 1, 1991, and each year thereafter for the billing, collection and enforcement of the payment of the Stormwater Management Assessments, as authorized pursuant to Section 403.0893, Florida Statutes, as amended and supplemented, and Chapter 197, Florida Statutes, as amended and supplemented. -7- Ord. No. 21-90 II is also recognized that each user of the System derives a special benefit from the effective operation and maintenance of the System in proportion to each parcel's impact on the System, namely stormwater runoff. SECTION 56.16. Establishment of Rates for Stormwater Manaqement Assessments. (A) The rate of Stormwater Management Assessments for each parcel within the Benefited Area, other than with respect to Non-Assessed Property, shall be established each Year by resolution of the Commission. Except as provided below, such rate resolution shall not be adopted (i) prior to the establishment of a operational budget for the System for such next succeeding Year prepared by the Director, and (ii) prior to the conducting of one or more rate hear- ings as required under applicable law. Such budget shall include, but not be limited to, the estimated cost of planning and construct- ing additions, extensions and improvements to the System for such next succeeding Year (the "Capital Element"); the debt service requirements for any obligations issued by the City (other than voter-approved general obligation debt) to finance or refinance addi- tions, extensions and improvements to the System (the "Debt Service Element"); and the cost of operation and maintenance of the System for such next succeeding Year (the "0 and M Element"). The 0 and M Element shall contain all outlays of the System determined to be nec- essary and proper by the City Manager, which will not be provided for in the capital Element and Debt Service Element of the operational budget. The rate hearings and rate resolution shall clearly estab- lish what portion of the Stormwater Management Assessment reflects the Capital Element, the Debt Service Element, if any, and the 0 and M Element. During the period from the effective date of this Chapter, to but not including October 1, 1990, a Stormwater Management Assessment shall be levied against each parcel within the Benefited Area, which is not Non-Assessed Property, and shall be determined by the ratio such period bears to a complete Year multiplied by the pro rata share of the initial stormwater budget (other than initial startup costs which will not be on a pro rata basis) to be borne by the owners of such property at the appropriate rate, in the manner described below. The initial stormwater budget shall be established after public hearing and-shall include, but not be limited to, all costs of creating the System, including legal fees and expenses and the fees and expenses of the Consulting Engineer, the reimbursement to the City's general fund for any moneys (other than the proceeds from voter-approved debt) appropriated to pay the costs of making additions, extensions and improvements to the Existing System together with costs of financing additions, extensions and improvements to the System for the Year ending September 30, 1990, -9- Ord. No. 21-90 and a Debt Service Element for debt issued prior to the enactment of this Chapter for the purpose of financing capital improvements to the Existing system. For the period from the enactment of this Chapter to but not incl~ding October 1, 1991, the Department shall bill and collect the Stormwater Management Assessments utilizing the Interim Collection Method in the manner set forth in 56.18 of this Chapter. (B) The owner of each parcel within the Benefited Area, for which a stormwater Management Assessment is levied, shall be responsible for the payment thereof. (C) The rate of stormwater Management Assessments for the various classes of property (other than Non-Assessed Property) within the Benefited Area shall be as follows: 1- Developed Property. ( a) The annual Storrnwater Management Assessment for a single family residential unit shall be the rate for one (1 ) ERU, multiplied by one (1) ERU, multiplied by twelve (12) . (b) The annual Storrnwater Man~gement Assessment for a residential condominium unit shall be the rate for one (1) ERU, multiplied by fifty-three percent (53%) of one ( 1) ERU, mUltiplied by twelve ( 12) . (c) The annual stormwater Management Assessment for a singly-owned multi-family Residential Property shall be the rate for one (1) ERU, multiplied by a numerical factor to be determined by dividing the total Impervious Area of the property (in square feet) by the impervious square footage per one (1 ) ERU, multiplied by twelve ( 12) . (d) The annual stormwater Management Assessment for Developed Non-Residential Property shall be the rate for one (1) ERU, multiplied by a numerical factor to be determined by dividing the total Impervious Area of the property (in square feet) by the impervious square footage per one ( 1 ) ERU, multiplied by twelve (12) . 2. Unimproved Land. (a) The annual Stormwater Management Assessment for a parcel of Unimproved Land shall be the rate for one (1) ERU, multiplied by a numerical factor to be determined by multiplying the total acres of such -10- Ord. No. 21-90 -~._. i unimproved Land by 1.2 ERU's, multiplied by twelve (12). (D) The determination of Impervious Area and total area of a parcel shall be based on data from the Palm Beach County Master Appraisal File (herein "MAF") or from information provided by the owner of such parcel if the information from the MAF is found to be incorrect by clear and convincing evidence, as determined in the sole discretion of the Director. Information provided by an owner shall include, at his own cost, such information requested by the Director, including survey data certified by a professional land surveyor and/or engineering reports prepared by a professional engineer acceptable to the Director. SECTION 56.17 Ad;ustment of Stormwater Manaqement Assessments. (A) owner-Initiated Adjustments. Requests for adjust- ment of the Stormwater Management Assessment shall be submitted to the Director, who shall have authority to adjust Stormwater Management Assessments, to administer the procedures and standards, and to review criteria for the adjustment of such assessments as established herein. In the review of adjustment requests, considera- tion shall be given to properties with valid Surface Water Management Permits indicating the provision of functional retention facilities. All requests from owners of Residential Property (other than the owner of a single family residential unit or residential condominium unit) shall be reviewed strictly on the basis of the amount of Impervious Area on the property and, when applicable, on the basis of the number of individual dwelling units existing on the property. No requests for adjustments made by an owner of a single family residen- tial unit or residential condominium unit shall be considered. The following procedures shall apply to all requests for adjustments of the Stormwater Management Assessment permitted under this Chapter: 1. Any owner who bel ieves the Stormwater Management Assessment is incorrect may, subject to the limitations set forth in this Section, submit an adjustment request to the Director. 2. The adjustment request shall be in writing and shall set forth, in detail, the grounds upon which the cor- rection is sought. 3. If the Uniform Collection Method is being used by the City, the adjustment request must be made within sixty (60) days after receipt by the owner of his or her tax bill containing the Stormwater Management Assessment. If the Interim Collection Method is being used by the City, the -11- Ord. No. 21-90 I adjustment request must be made during the Year the stormwater Management Assessment is imposed. The adjust- ment request will be reviewed by the Director within a four (4) month p~riod from the date of filing of the adjustment request. Consideration by the Director of the owner's request for adjustment shall not relieve the owner of the obligation to make timely payment of the stormwater Management Assessment. In the event an adjustment is granted by the Director which decreases the Stormwater Management Assessment, the owner shall be entitled to a refund of the excess Stormwater Management Assessments paid. If the Uniform Collection Method is being used by the City, the refund shall be mailed by the Palm Beach County Tax Collector (the "Tax Collector") unless the Tax Collector and the City agree otherwise. 4. The owner requesting the adjustment may be required, at his own cost, to provide supplemental informa- tion to the Director including, but not limited ,to, survey data certified by a professional land surveyor and/or engi- neering reports approved by a professional engineer and acceptable to the Director. Failure to provide such infor- mation may result in the denial of the adjustment request. 5. The adjustment to the Stormwater Management Assessment will be made upon the granting of the adjustment request, in writing, by the Director. The document grant- ing the adjustment request will be provided to the owner and, if the Uniform Method of Collection is being used by the City, the document will also be sent to the Tax Collector. A denial of an adjustment request shall be made in writing by the Director, a copy of which shall be pro- vided to the owner. ( B) Appeals. All determinations of the Director pursuant to this Section may be appealed to a board of appeals. These appeals must be filed within 30 days of receipt of the written determination of the Director. The board of appeals shall complete a review within sixty (60) days of receipt of the request for review and shall be evaluated based upon the standards and review criteria set forth in this Chapter. The decision of the board of appeals shall be final. The board of appeals shall be comprised of the city Manager, the City Engineer, and the Planning and Zoning Director, or their designees. (C) City-Initiated Adjustments. If the Uniform Method of Collection is being used by the City, any errors in the stormwater Management Assessment, or failure to charge a stormwater Management Assessment, may be corrected by the Director within sixty (60) days after opening of the tax roll for collection. If the Interim Method -12- Ord. No. 21-90 . of Collection is being used by the city, any errors in the Stormwater Management Assessment, or failure to charge a Stormwater Management Assessment, may be corrected by the Director during the Year in which the stormwater Management Assessment is imposed. corrections which result in an inorease in the Stormwater Management Assessment cannot be imposed until the owner has consented in writing to the increase or has been given at least ten (10) days' notice by certified mail and an opportunity to be heard. Once the adjustment is finalized, the Director shall send documentation reflecting the adjustment to the owner and, if the Uniform Method of Collection is being used, the documentation will also be sent to the Tax Collector. ( D) Inspections. The city may require an annual inspec- tion of on-site retention/detention facilities on parcels to which an adjustment to the Stormwater Management Assessment has been granted. The owner benefitting from such adjustment shall be required to pay to the City an annual inspection fee in an amount determined by the Director. For the purpose of protecting the health, safety and wel- fare of the citizens of the City, the Director may cause an inspec- tion of any property within the Benefited Area. Such inspection shall be made upon reasonable notice to the owner or occupant of the property unless an emergency exists, as determined solely by the Director. SECTION 56.17. Delinauent Stormwater Manaaement Assessments. All Stormwater Management Assessments collected pursuant to the Interim Method of Collection not paid within thirty (30) days after the bill is due shall be considered delinquent. All Stormwater Management Assessments delinquent hereunder shall be SUbject to ( 1) an interest charge at the Florida statutory rate, and (2 ) a rebilling charge covering administrative costs. The provisions under Chapter 197, Florida Statutes, regard- ing delinquencies, penalties and tax certificates and tax deeds shall be applicable with respect to the non-payment of the Stormwater Management Assessments after the Uniform Method of Collection has been adopted by the City. To the extent permitted by law, any Stormwater Management Assessments not paid during the period the City is using the Interim Method of Collection, plus permitted interest charges, shall be added to the Stormwater Management Assessments imposed on such delinquent owners in the first year the City uses the Uniform Method of Collection. -13- Ord. No. 21-90 SECTION 56.18. Stormwater Manaaement Assessment Lien. All Stormwater Management Assessments, assessed pursuant to this Chapter, sh411 be a lien upon the property to which such assess- ment relates from the first day of the Year for which said assessment is imposed until such assessment is paid. The owner of every build- ing, premise, lot or house shall be obligated to pay the stormwater Management Assessments, which obligation may be enforced by the City by action at law or suit to enforce the lien in the same manner as the foreclosure of mortgages. In the event of such action, the city shall be entitled to recover all court costs and reasonable attorney fees for such collection. In the case where a tenant in possession of any premises or buildings shall pay said assessment, it shall relieve the land owner from such obligation and 1ien~ but the City shall not be required to look to any person whatsoever other than the owner for the payment of such assessment. No changes of ownership or occupation shall affect the application of this Chapter, and the failure of any owner to learn that he purchased property against which a lien for Stormwater Management Assessment exists, shall in no way affect his or her responsibility for such payment. In addition to the above, in the event the annual Stormwater Management Assessment is collected pursuant to the Uniform Method of Collection, it shall be subject to all collection provisions of Chapter 197, Florida statutes, as amended and supplemented, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issu- ance and sale of tax certificates and tax deeds for nonpayment, as provided by law. Such Storrnwater Management Assessment is subject to becoming a lien against homestead, as provided in Section 4, Article X, of the Florida Constitution. It is the intent of the City by the enactment of this section that, until fully paid and discharged or barred by law, the Stormwater Management Assessments shall be prior to other liens, except that such liens shall be on a parity with the lien of State, County and municipal taxes, and any lien for charges for services created pursuant to Section 159.17, Florida statutes. SECTION 56.19. Private Facilities. The property owner shall be responsible for stormwater drainage facilities located on private property where runoff will principally be collected within that property. The owner shall clean and maintain the facility or channel, as required, to ensure effi- cient and proper operation of the facility, and shall obtain the Director's prior written approval for any proposed changes ar alter- ations to any private stormwater drainage facilities that, in the City's sole discretion, may substantially or adversely affect stormwater drainage in the property owner's area. -14- Ord. No. 21-90 I The Director shall provide for inspection of private facil- ities to ascertain that the stormwater facilities are functioning as designed and approved. The Director shall provide for remedial main- tenance of facilities based upon the severity of storrnwater problems and potential hazard to the public health, safety and welfare. SECTION 56.20. Interim Method of Collection. As soon as practicable after the enactment of this Chapter, the Director shall prepare a budget of operation for the Year ending September 30, 1990, in conformity with the requirements of 56.16. After rates for the stormwater Management Assessment have been deter- mined for such period, the Director of Finance shall, based on infor- mation provided by the Director and the Palm Beach County Property Appraiser, prepare and mail a billing statement to all owners of property within the Benefited Area reflecting the annual stormwater Management Assessment. Notwithstanding any provision in this Chapter to the contrary, to the extent that the Uniform Method of Collection is not available for the collection of stormwater Management Assessments with respect to certain types of. properties within the Benefited Area, the City reserves the right to continue to use the Interim Method of Collection. SECTION 56.21. Uniform Method of Collection. (A) Prior to January 1, 1991, the Commission shall hold a public hearing to consider adopting a resolution of intent to adopt the Uniform Method of Collection pursuant to section 197.3632 of the Florida Statutes, as amended and supplemented. A copy of such reso- lution must be provided to the Palm Beach County Property Appraiser by no later than January 10, 1991. (B) Between June 1 and September 15, 1991, the City shall adopt a non-ad valorem assessment role at a public hearing after notice of such hearing has been given, as required under the Act. The Commission shall adopt a rate resolution prior to adopting the non-ad valorem assessment roll. (C) The City shall, each year, do what is required under the Act to continue the Uniform Collection Method unless it is deter- mined by the Commission that such other method of cOllecting the stormwater Management Assessment is in the best interests of the city. If any obligations secured by the stormwater Management Assessments have been issued by the City on or after the adoption of the Uniform Method of Collection, the Commission shall not discon- tinue the Uniform Method of Collection without the unanimous consent of the owners of such obligations. -15- Ord. No. 21-90 I ( D) Upon the enactment of this Chapter, the Commission shall take such action necessary, including the enactment of an ordinance, to provide for due process safeguards for the owners of property hereby.assessed under this Chapter. - SECTION 56.22. Fundinq Sources. Funding for the System may include, but not be limited to, the following: ( A) Stormwater Management Assessments. (B) Permit and inspection fees. (C) Direct charges for the cost of designing and con- structing stormwater facilities, administrative costs and related expenses where the Department designs, constructs, or contracts for the construction of such facilities. ( D) Other income obtained from Federal, State, local, and private grants, or loans. (E) Impact fees. (F) Development capital contributions. (G) Investment earnings. (H) Other legally available moneys. SECTION 56.23. stormwater Manaqement Enterprise Fund. All Stormwater Management Assessments collected by the City shall be paid into an enterprise fund, which is hereby created, to be known as the "Stormwater Management Enterprise Fund" or the "Fund." In addition, all other revenues, funding sources and interest earn- ings derived from, or attributable to the System, shall be deposited in the stormwater Management Enterprise Fund. Such Fund shall be used for the purpose of paying the cost of additions, extensions and improvements to the System, paying debt service on obligations issued to finance or refinance such additions, extensions and improvements and for paying the cost of operation and maintenance of the System. To the extent that the Stormwater Management Assessments collected are insufficient to construct the needed stormwater drainage facili- ties, the cost of the same may be paid from such City fund as may be determined by the Commission, but the Commission may order the reim- bursement of such fund if additional assessments are thereafter collected. Notwithstanding the foregoing, no pwrson shall have the right to compel the city to contribute general fund moneys to the -16- Ord. No. 21-90 . System. When the fund has surplus dollars on hand in excess of current needs, the surplus dollars may be invested in any lawful manner and such investment earnings shall be deposited in the Fund. The Stormwater Management Assessments collected shall not be used for general or other governmental or proprietary purposes of the city, except to pay for the equitable share of the cost of accounting, management and government thereof. other than as described above, the Stormwater Management Assessments shall be used solely to pay for the cost of operation, repair, maintenance, improvements, debt service, renewal, replacement, design, right-of- way acquisition, and construction of public storrnwater drainage facilities and costs incidental thereto. SECTION 56.24. Floodinq: ,Liabilitv. Floods from stormwater runoff may occasionally occur which exceed the level of service of storm drainage facilities constructed, operated, or maintained by funds made available under this Chapter. This Chapter shall not be construed or interpreted to mean that prop- erty subject to the Stormwater Management Assessments established herein will always (or at any time) be free from stormwater flooding or flood damage, or that stormwater systems capable of handling all storm events can be cost-effectively constructed, operated, or main- tained: neither shall this Chapter create any liability on the part of, or cause of action against, the City, or any official or employee thereof, for any flood damage that may result from such storms or the runoff thereof: neither does this Chapter purport to reduce the need or the necessity for obtaining flood insurance by individual property owners. BOND PROVISIONS SECTION 56.35. Bonds and other Evidences of Indebtedness. The City may, from time to time, issue bonds, notes or other evidences of indebtedness (collectively referred to as "Bonds") to finance or refinance the costs of additions, extensions and improvements to the System and to pay the costs of issuing such Bonds. Such Bonds shall be issued pursuant to resolution adopted by a majority vote of the commission, which resolution or supplements thereto shall set forth, among other things, the use and disposition of the proceeds of the Bonds, the maturity date or dates of the Bonds and the interest rate or rates thereon or rate of accretion, if applicable, the manner and method of payment, the rights and remedies of the holders thereof, the security for repayment and other cove- nants or conditions as the Commission may deem proper. The provisions of the Act and general law shall be the only limitations and restrictions regarding the issuance of Bonds. -17- Ord. No. 21-90 I SECTION 56.36. Security for Repavment of ~. Unless otherwise provided by resolution, Bonds issued to finance or refinance the cost of additions, extensions and improve- ments to the System shall be payable from and have a lien on the moneys on deposit in the Fund. If the City shall issue Bonds for the purposes set forth in this Chapter and secures the repayment thereof with moneys ather than the moneys derived from the collection of the Stormwater Management Assessments, the City may reimburse the fund, from which such moneys were derived, from moneys on deposit in the stormwater Management Enterprise Fund. ADMINISTRATION SECTION 56.45. Duties of Director. The administration of the system is hereby placed in and shall be exercised by the Director who shall have, for the ascertain- ment, computation and collection of the Stormwater Management Assessments imposed hereunder and for the proper administration and enforcement hereof, the power to: (A) Prepare regulations as needed to implement this Chapter and forward the same to the Commission for consideration and adoption, and adopt such procedures as are required to implement said regulations, or carry out other responsibilities for the effective administration of the System; (B) Administer the acquisition, design, construction, maintenance and the operation of the System, including capital improvements designated in the comprehensive drainage plan; (C) Administer and enforce this Chapter and all regula- tions and procedures adopted relating to the design, construction, maintenance, operation and alteration of the System, including, but not limited to, the quantity, quality, and/or velocity of the storm- water conveyed thereby; (D) Inspect private systems as necessary to determine the compliance of such systems with this Chapter and any regulations adopted under this Chapter; (E) Advise the Commission, City Manager and other City departments on matters relating to the System; (F) prepare and revise a comprehensive stormwater drain- age plan for adoption by the Commission at least every five years; -18- Ord. No. 21-90 (G) Review plans, approve or deny, inspect and accept extensions to the System. (H) establish and enforce regulations to protect and maintain water quality within the System in compliance with water quality standards established by State and/or Federal agencies as now adopted or hereafter amended; (I) Analyze the cost of services and benefits provided, and the system and structure of the Stormwater Management Assessments, and other fees, charges, fines and revenues of the System annually to ensure an equitable, adequate and stable rate structure and to achieve a stable financial position for the System. SECTION 2. Severability of Provisions. That, if any sec- tion, clause, sentence or provision of this Ordinance, or the appli- cation of such section, clause, sentence or provision to any persons, bodies or circumstances, shall be held to be inoperative, invalid or unconstitutional, the invalidity of such section, clause, sentence or provision shall not be held, deemed or taken to affect the applica- tion of the provisions of this Ordinance to persons, bodies or cir- cumstances other than those as to which it, or any parts thereof, shall have been held inoperative, invalid or unconstitutional, and the remaining portions hereof shall not be affected and shall remain in full force and effect. SECTION 3. Repealer. That all ordinances and resolutions, or parts thereof, in conflict with this Ordinance are to the extent of such conflict hereby repealed. SECTION 4. Effecti ve Date. That this Ordinance shall become effective after its passage on second and final reading. A certified copy of this Ordinance, as enacted, shall be filed with the Department of State. -19- Ord. No. 21-90 I PASSED AND ADOPTED in regular session on second and final reading on this, the ____ day of July, 1990. - CITY OF DELRAY BEACH, FLORIDA By: Mayor Attest: City Clerk First Reading: June 26, 1990 Second Reading: -20- Ord. No. 21-90 -- ----.. - ---.- -----,---- ----. --- - ---- --.- -- . ~---~---~._-- - ._- _r _~ _________ - -- .'~ ---..- ORDINANCE NO. 22 -90 ,~ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER 150, "BUILDING REGULATIONS", SECTION 150.016, "AMENDMENTS AND ADDITIONS TO CODE", BY l'J1ENDING SECTION 107.4, "SCHEDULE OF PERMIT FEES"; BY REPEALING SUBSECTION 107.4.l.IV, "PERMIT FEES FOR LONG-TERM PERMITTING", AND ENACTING A NEW SUBSECTICN 107.4.1.IV, "CHANGE OF CONTRACTOR" , TO ?ROVI~E A FEE FOR A CHANGE OF CONTRACTOR AND ENACTING A NEW SUBSECTION 107.4.l.V, "FAILURE TO CALL FOR FINAL INSPECTION"; TO PROVIDE FOR A FEE FOR FAILURE TO CALL FOR A FINAL INSPECTION; BY AMENDING SUBSECTION 107.4.1, SUBSECTION VIII, "PLAN-CHECKING FEES," TO PROVIDE THAT THERE SHALL BE A CHARGE FOR REVISED PLANS; BY AMENDING SUBSECTION 107.4.l.IX, "CERTIFICATE OF OCCUPANCY", TO PROVIDE FOR THE ISSUANCE OF CONDITIONAL CERTIFICATES OF OCCUPANCY; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That Title XV, "Building Regulations", Chapter 150, "Building Regulations", Section 150.016, "Amendments and Addi tions to Code", subsection 107.4, "SChedule of Permit Fees", be and the same is hereby amended by repealing subsection 107.4.IV., "Permit Fees for Long Term Permitting", and enacting new subsections 107.4.IV, "Change of Contractor" and 107.4. V, "Failure to Call for a Final Inspection", to read as follows: [ IV. Change of Contractor. There shall be assessed a fee in the amount of $50.00 for each and every change of contractor. V. Failure to Call for Final Inspection There shall be assessed a fee in the amount of $50.00 for failure to call for a final inspection. Section 2. That Title XV, "Building Regulations", Chapter 150, "Building Regulations", Section 150.016, "Amendments and Additions to Code", subsection 107.4, "Schedule of Permit Fees", subsection VIII, "Plan Checking Fees", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: VIII. Plan - Checking Fees (1) . When an evaluation of the proposed construction exceeds $20,000.00 and a plan is required to be submitted by Section 105.3, a plan-checking fee shall be paid to the building department at the time of submitting plans in specifications for checking. Said plan-cheCking fees shall be equal to one-half of the building permit fee as set forth in Sectl.on 107.4. The first plan-cheCking fee shall be credited to the cost of the permit at time of issue. , ,~c. 1 1 . . ._.-~~_._--_._--- -. ,-- -~--- -- - -'-- - -- (2). There shall be a fee for a change or revision in plans or-5hop drawings submitted to the building department. A tee in the amount of $15.00 shall be assessed for the first changed sheet and there shall be an additional $1.00 fee for each additional revised sheet. Section 3 . That Title XV, "Building Regulations", Chapter 150, "Building Regulations", Section 150.016, "Amendments and Addi tions to Code" , subsection 107.4. , "Schedule of Permit Fees", subparagraph lO7.4.IX, "Certificate of Occupancy", of ~hc C:>de of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: IX. Certificate of Occupancy. ( 1 ) For the issuance of an additional certificate of occupancy, the fee shall be $63.50. (2 ) For the issuance of a ~e~~e~a~y conditional certifi- cate of occupancy, the fee shall be $629.50. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or '....ord 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 all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. That this ordinance shall become effective within ten (10 ) days upon its 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 First Reading Second Reading 2 ORD. NO. -90 " . MEMORANDUM TO: DAVID HARDEN - CITY ~AGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROvEMENTrf@:J . SUBJECT: APPROVAL OF RECOMMERDATION TO AMERD CODE TO ALLOW FOR ADDITIONAL REl10uJS SOURCES - - - - DATE: JUNE 22, 1990 BACKGROUND The attached Ordinance 22-90 ref~ects 9ur recommendation to amend the code to allow for three additional revenue sources: (1) Change of Contractor, (2) Failure to Call for Final Inspection and (3) Plan Checking Fees, and to repeal Long Term Permitting Permit Fee. Justification is as follows: (1) Change of Co.ntractor - at the present time, nOd .fee i-s charged when a change of contr~ctor is submitted for a permit that has already been issued. It is standard in surrounding cities such as Boca Raton and ~oynton Beach, to charge between $50 and $100 for this administrative function. (2) Failure to Call for Final inspection - at the present time, no fee is charged to a contractor when he fails to call for a final inspection on a permi t. The permit file remains open and additional staff time must be spent researching open files. ... (3) Plan Checking Fees - When a contractor submits revised plans for an application that has already been reviewed, additional staff time is required to re-review the same plan. Currently, no fee is charged for this service. Surrounding cities such as Boynton Beach, Boca Raton and Palm Beach County all charge for this function. Regarding the repeal of Permit Fees for Long Term Permitting, we have found that this is in violation of State Statute Section 455 and the Standard Building Code, Section 103.9.4. These sections require that inspections be done for all construction work. RECOJIMENDATION We are recommending that the City Commission approve Ordinance 22-90 providing for the creation of specific fees and repeal of Permit Fees for Long Term Permitting. LB:DQ D/6 Fees.CC