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09-05-90 Special/Budget Wksp CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL MEETING/BUDGET WORKSHOP- SEPTEMBER 5, 1990 - 6:00 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. Pursuant to Section 3.07 of the City Charter of the City of Delray Beach, Florida, Mayor Thomas E. Lynch has instructed me to advise you of a Special Meeting of the Commission to be held in the Commission Chambers at 6 P.M. on Wednesday, September 5, 1990. This meeting has been called for the purpose of considering the following: , 1. Continuation of Ordinance No. 25-90 an ordinance amending the Code of Ordinances by repealing and amending certain Code sections to provide for the implementation of the Land Development Regulations. vi 2. Award of Bid to Poole and Kent in the amount of $870,916 for the installation of an 800 kilowatt electrical generator, telemetry system and replacement of fuel tanks as part of the Wellfield Assessment and Remediation Project. OJ;.,1pJ£.~lIaq Alison MacGregor Harty City Clerk BUDGET WORKSHOP AGENDA The schedule for the Budget Workshop is as follows: /Briefing regarding actions taken at your prior meeting will be held immediately following the above Special Meeting in the First Floor Conference Room. A regular workshop to discuss the "Cost of Furnishing Copies to the Public" will be held prior to individual Department budget reviews. Departmental Budget Review: /Risk Management "Golf Course vPolice vSanitation Fund v Public Works .. Engineer~ng Water and Sewer Fund · CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL MEETING - SEPTEMBER 5, 1990 - 6:00 P.M. COMMISSION CHAMBERS ADDENDUM NO. 2 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 SPECIAL MEETING AGENDA IS AMENDED TO INCLUDE: ,¡ Consider resignation agreement for Chief Charles Kilgore. 1.A. . , , . . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL MEETING - SEPTEMBER 5, 1990 - 6:00 P.M. COMMISSION CHAMBERS ADDENDUM Please be advised that if a person decides to appeal any decision made by the City Commission ,vi th 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 SPECIAL MEETING AGENDA IS AMENDED TO INCLUDE: J 3. Interlocal Agreement between the City and Palm Beach County defining the distribution of the proposed one-half percent "Local Government Infrastructure Surtax". THE REGULAR WORKSHOP PORTION OF THE BUDGET WORKSHOP IS AMENDED TO INCLUDE: 2. J FSLIC/FDIC Status Laver's Tennis Center (Commissioner Andrews). MEMORANDUM TO: Mayor and Commission FRON: David T. Harden, City Manager t:)lj SUBJECT: COST OF FURNISHING COPIES TO THE GENERAL PUBLIC DATE: August 31, 1990 This item is before as result of comments heard at your August 28th regular meeting regarding the implementation of a charge for agenda documentation. Currently, we have in place an Administrative Policy and Procedure (GA-29) which addresses the cost of furnishing copies. The provisions contained in that policy provide that the Custodian will charge the requesting party $0.15 per copy for one' sided copies and $0.20 for double sided copies. For those request involving the mailing of copies, the cost will be $0.50 for the first copy and then $0.15 for each addi~ional one sided or $0.20 for double sided copies. The cost for Certified copies is $1.00 per copy. While this policy covers a broad range, its applicability to agenda documents is in question. Currently, the City Clerk's office provides copies of agendas to all current and several past advisory board/committee chairpersons, members of the general public who have provided postage stamps, and to the general public (both on a walk-in basis and at the meeting for which the agenda was prepared) . In addition, the ag-Q.I1da report and individua~ copies of back up material on agendaed items is also provided to the general public, on an as requested basis. There are no charges associated with providing these copies. Staff proposes the following procedures apply to providing copies of agendas and related documents: 1. That agendas be provided to the current chairpersons of an advisory board/committee free of charge. 2 . That backup material be provided to the current chairperson of an advisory board/committee, as requested, free of charge providing that the requested material is related to a current board/committee project. All other requests for backup material for personal reasons would be charged at the rate specified in General Administrative Policy GA-29. 3 . That those individuals who pick up agendas from the City Clerk's office will not be charged for copies. 4 . ...That those individuals who provide postage will not be charged Lør copies of the agenda. /' 5 . That the general public will be charged, at the rate specified in General Administrative Policy GA-29, for copies of the agenda backup material and agenda summary memorandums. . 6. That there will be no charge for copies of agendas furnished at the meetings. As proposed, postage would have to be provided for 34 agendas currently mailed at no cost. Those agendas currently cost us $8.50 for postage. If postage stamps were provided the estimated copying charge of $30.60 (for 34 agenda) would be waived. These cost estimates do not include staff time spent preparing, copying, and stuffing envelopes to mail the agenda. Additionally, the cost of paper, envelopes, toner, etc. ",ill be· absorbed by the department. Likewise, a suggestion was made to provide a condensed version of the agenda report memorandums to the public. For your last meeting, August 8th, there were 49 agenda report memorandums prepared. The cost of reproducing these memos for the public was $7.35. A condensed version would provide this information to the public at a lower cost, however would require, at a minimum, an additional staff hour to prepare. As this item has budgetary implications, I have placed it on your August 5th agenda for direction. - . ==T ......,..--ç~::" -C':-".-C '->_ ":I-~ ~-,- _ -- H.;:~.... :~'_:: . Ú __ . -'-.. - _,.~__.___..... .' .'"' _ _ ~. n'" .______" _._~_.. ......_ --------- -_._--_._-------~-- -. .~....--.- ---~----~-- -" ._-- "-- --- I I ORDINANCE NO. 25-90 AN ORDINANCE OF THE CITY COMMISSION Of' THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CITY OF DELRAY BEACH CODE OF ORDINANCES BY REPEALING CHAPTER 55, "PutsLIC IMPROVEMENT:; 1-J'D Si'EC::':" ASSESSMENTS" , CHAPTER 114, "AMUSEMBNTS (CIRCUSES (. CARNIVALS), CHAPTER 150, "BUILDING REGULATIONS", CHAPTER 151, "COASTAL CONSTRUCTION", CHAPTER 152, "COMMUNIT'l APPE1ütANCE", CHAPTER 153, "SOIL EROSION CONTROL", CHAPTER 155, "ELECTRICITY", CHAPTER 156, "FLOOD HAZARD CONTROL", CHAPTER 157, "GAS CODE", CHAPTER 158, "HOUSING CODE", CHAPTBR 159, "LANDSCAPING CODE", CHAPTER 160,1 "MECHANICAL CODE", CHAPTER 161, "PLUMBING CODE", CHAPTER 162, "SIGNS AND B11.1.- BOþJU)S", CHAPTER 163, "SWIMMING POOLS", CHAPTER 154, "WELL AND SPRINKLER SYSTEMS", CHAPTER 165, "UNSAFE BUILDINGS", CHAPTER 170, "COMMUNITY REDEVELOPMENT", CHAPTER 171, "COMPREHENSIVE PLAN" , CHAPTER 172, "SUBDIVISION CODE", CHAPTER 173, "ZONING CODS", CHAPTER 174, "HIS'rORIC PRESERVATION", CHAPTER 175, "SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS, BY AMEND- ING CHAPTER 113, "ALCOHOLIC BEVERAGES" BY REPEALING SECTION 113.16, "AREAS AND LOCATION W1J'ERE SALES PERMITTED', SECTION 113 . 17 , .. SALE N2Þ.R I CHURCH OR SCHOOL", AND SECTION 113.18, "BOTTLE¡ CLUBS; NUISANCE", AND ENACTING LAND DEVELOPMENT REGULATIONS PROVIDING FOR COMPREHENSIVE REGULATIONS AND REQUIRE- MENTS FOR THE DEVELOPMENT, ZONING AND LAND USE PLANNING WITHIN THE CIT'! LIMITS, FROVIDING FOR THE ADMINISTRATIVE PROCESS, RELIEF AND VARIANCES FROM SUCH REGULATIONS AND REQUIREMENTS; PROVIDING FOR THE ESTABLISHMENT OF ZONING DISTRICTS; PROVIDING FOR THE ENACTMENT OF AN OFFICIAL ZONING DISTRICT MAP, PROVIDING FOR THE REZONING OF ALL PROPERTY WITHIN THE CITY; PROVIDING A GENERAL REPE1.LiR CLAUSE PROVIDING A SAVING CLAUSE J PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach adopted a comprehensive Plan pursuant to Chapter 113, Florida Statutes, becominq effective on Septem- ber 1, 1990; and, WHEREAS, pursuant to the City of Delray Beach's adopted comprehensive Plan, Chapter 163 at the Florida Statutes and the Florida Department of community Affairs Administrative Rule 9J-5 the City Of Delray Beach is required to revise its existing land development requla- tions to be consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED B'! THE CITY COMMISSION OF THE CITï OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Code of Ordinances of the City of Pe1ray Beach, Florida, be and the same is hereby amended by repealing chapter 1 Spit ~ -... ~-- . - ,---- ---,....... - ~ -~. ..- -- = = - ;.. ....... -:' ~,;::: ':- 'J F;- = (~ TEL ;'.¡ IJ . 41:1 ~ ~..., ':: ..¡""':-:' ri u Ij 1 ~:' . ~\ i~: : ': . _:- : O ~' <...I 1 ._ . .._. ...... _. ._._ ___n ___ _ ~.. I' , 55, "Public Improvements and Special Assessments", Cha.pter 114, "Amuse- ments (Circuses & Carnivals), Chapter 150, "Building ReQUlations", Chapter 151, "Coastal Conlitruction", Chapter 152, "community Appear- ance", Chapter 153, "Soil Erosion control", Chapter 155, "Electricity", Chapter 156, "Flood Hazard Control", Chapter 157, "Gas Code", Chapter 158, "Housing Code", Chapter 159, "Landscaping Code", Chapter 160, "Mechanical Code", Chapter 161, "plumbing Code", Chapter 162, "Signs and. Billboards", Chapter 163, "Swimming Pools", Chapter 164, Well and Sprinkler Systems", Cha.pter 165, Unsafe Buildings", Chapter 170, "Commu- nity Redevelopmentll, Chapter :7: I "Comp::-ehansive Plan", Chapter 172. "Subdivision Code", Chapter 173, "Zoning Code", Chapter 174, "Historic Preservation", Chapter 175, "Safe Neighborhood Improvement Districts", by amending Chapter 113, "Alcoholic Beverages", by repealing Section 113.16, "Areas and Location Where Sales permitted", Section 113.17, "Sale Near Church or School", and Section 1J.3.18, "Bottle Clubs; Nuisance". Section 2. That the Code of Ordlnances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting Land Development ReQUlations to read as set forth in Exhibit "A" attached to and incorporated within this ordinance as if fully set forth. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, ..ntence, or word be declared by a court of competent jurisdiction tþ be invalid, such decision shall not affect the validity of the r$nainder hereof as a whole or part thereof other than the part declared to)be invalid. Section 5. That this ordinance shall become effecU ve on September 1, 1990; provided, however, that all applications for develop- mental orders, as such are defined in Chapter 163, Florida Statutes, which are pending on September 1, 1990 shall be processed and ruled upon in accordance with the ordinances in effect o~ August 31, 1990. PASSED AND ADOPTED 1n regular session on second and final reading on this the day of , 1990. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD. NO. 25-90 Ii '. -,~~ ....--.--- ----,,-- .... - ~_. C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~VERETT' ADMINISTRATIVE ASSISTANT III -~~VOÞL- FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 28, 1990 PUBLIC HEARING #2 RE PROPOSED LAND DEVELOPMENT REGULATIONS AND OFFICIAL ZONING MAP ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of completing the public hearings associated with formal consideration of the proposed LDRs; and taking action on specific items which have heretofore been presented and discussed in public sessions. BACKGROUND: The LDRs had a previous public hearing before the City Commission on August 14, 1990. Public testimony taken at that time and the Planning and Zoning Board recommendation was then reviewed by the Commission at its worksession of August 21st. Revisions to the LDR document based upon changes resulting from those reviews and other critiques are still being made to the document. Also, it is anticipated that there will be further public comment and further direction from the City Commission as to changes to the document. Accordingly, the document will not be in final form in time for enactment on August 28th. Thus, it is suggested that following the hearing, the item be continued to a Special Meeting on September 4, 1990, for final consideration of the enacting ordinance. Attached is a list of changes to the proposed Official Zoning Map. This list includes only those requests which were recommended by either the Planning and Zoning Board or by consensus direction of the City Commission during the worksessions. It is anticipated that at least two additional requests will be brought forward =¢ the public hearing. These are: ( a) deletion of the "s" designation from the Planned Commercial (PC) designation for Delray Town Center, Phase II City Commission Documentation 'Public Hearing #2 Re Proposed Land Development Regulations and Official Zoning Map Page 2 (b) accommodation of retail designation at the southeast corner of Lake Ida Road and Congress Avenue (the P&Z Board had previously recommended no change i.e. retain the proposed PCC; however, the owner did not appear before the Board to present his arguments) Also attached is a list of text changes as recommended by the Planning and Zoning Board and concurred with by consensus of the City Commission and as otherwise accommodated by consensus of the Commission. At the public hearing, another list of items (if any) may be presented by the Director of Planning. This list would identify other changes which should be accommodated. If such a list is presented, it should be deferred for further consideration at the special meeting of September 4, 1990. RECOMMENDED ACTIONS: 1- Complete the public hearing process. 2. Act on items formally contained in the attached memorandum and on new items formally presented during the public hearing. 3. Defer consideration of items which cannot be readily accommodated to the special meeting of September 4, 1990. 4. Defer consideration of the enacting ordinance to the special meeting of September 4, 1990. Attachments: * list of recommended changes to the proposed zoning map * list of recommended text changes DJK/#72/CCLDR2.TXT , ATTACIIMElft' '1 TO CITY COMMISSION DOCUMElft'ATION MEIIORAIIDUII REGARDING CONSIDERATION OF THE LOCAL DEVELOPMEItT REGULATIONS. CITY COMMISSION MEE'l'ING OF AUGUST 28, 1990 RECOMMElIDED CHARGES TO THE PROPOSED OFFICIAL ZONING MAP The follow changes to the proposed Official Zoning Map have been recommended by the Planning and Zoning Board, reflect consensus direction for accommodating, pursuant to City Commission worksession discussions, or represent drafting and other corrections put forth from the Planning Director. ** split consensus, needs resolve Groups A - Pursuant to Planning and Zoning Board recommendations 1- St. Paul's Church, Swinton and SW 1st Street: OS SHAD to CF 2. Cason Church, Swinton and Lake Ida Road: OSSHAD to CF 3. Cason Church, deletion from Historic District Overlay 4. Barnett Bank/Zankle site, NE 4th St @ US 1: AC to GC 5. Lake Ida Area, per description: R-1AA to R-1-AAA 6. Gulfstream (Gold) Building: p~c to SAD 7. Lakeview Golf Course: OS to R-1-AA and R-1-AAA 8.** Isles of Delray PRD-4 to SAD 9. Dockside Boats, 1200 S. Swinton Ave: I to MIC Group B - Pursuant to City Commission consensus 1- Del Ida Professional Area, per exhibit: RL to RO 2. Shoppes of Seacrest, Seacrest & NE 22nd St.: RM to NC 3.** Former Nissan site, SW 10th St @ US 1: GC to AC Group C - Drafting or other corrections 1- Add Historic District Overlays (delete St. Paul's Church) 2.* Area north of SE 3rd Street between US 1 Pairs: AC to CBD 3.* Del Air Golf Club golf course area: R-1-AA to OS 4.* The Hamlet golf course area: R-I-A to OS 5.* Fairways on the Green, Lowson OS to RM 6.* Removal of Dover Road between Lowson & Atlantic --------- 7 . Tutor Time Day Care, Lake Ida Rd @ Davis Rd: P~C to SAD 8. Aquilano Plaza, SW 5th Ave, south of SW lOth: SAD to POC 9. Windy Creek Subdivision, West Atlantic: PRD-L to PRD 10. County land west of Tropic Palms by 1-95: OS to AG 11. Sunflower and Lake Forest original zoning of R-I-A & R-1-AA 12. Lots 19 to 43, Lakeview Drive: R-1-AAA-B to R-1-AA · 13. SW and NW corner of Linton and Congress: clarity re POD 14. 8th St Market: (previously rezoned) RM to GC 15. Norris Office, SW 11th Ave & SW 1st St.: RM to RO 16. Church, NW corner of NW 6th Ave & NW 1st St: R-I-A to CF 17. NW corner of NW 6th Ave & NW 2nd St: CF to R-1-A 18. 1st Church of Christ Scientist, SW 7th Ave & SW 2nd St: correct the CF zoning to conform to the property owned by the Church * also reviewed and recommended by the Planning and Zoning Board ** split consensus, needs resolve REF/DJK#71/LDRATTCH.TXT - 2 - ATTACIDŒIft' '2 TO CITY COMMISSION DOCUMENTATION MEMORANDUM REGARDING CONSIDERATION OF THE LOCAL DEVELOPMENT REGULATIONS. CITY COMMISSION MEETING OF AUGUST 28, 1990. RECOMMENDED TEXT CHANGES The following changes to the proposed text have been recommended by the Planning and Zoning Board, reflect consensus direction to accommodate pursuant to City Commission worksession discussions, or represent non-substantive items as recommended by the Director of Planning. 1. Section 1.1.5 (page 1.1.2): Effective Date: The Chief Building Official desires that any application in process prior to the effective date be processed under previous code and that any such application which desires to be processed by, or subject to, the new code be resubmitted post the effective date (includes new fee schedule). 2. Section 1.4.2: (page 1.4.1) Notice of Violations: Change "Code Enforcement Officer" to "Code Compliance Administrator" here and each time hereafter such reference is made. 3 . Section 1.4.4: (page 1.4.2) Penalty: This section needs to be redone by the City Attorney in order to accommodate various levels of penalties which are currently used. 4. Section 2.1.2(B): (page 2.1.1) Responsibilities of Required Positions: Add language to accommodate the delegation of items to others with the accountability remaining with the designated position. 5. Section 2.2.1(A) (page 2.2.1) Qualifications for Board Members: Delete the phrase "manage or operate". 6. Section 2.2.3(C)(1): SPRAB: Require a minimum of two, instead of one, meetings per month. 7. Section 2.2.6(D) (5): (page 2.2.9) Duties of H.P.B. : Add "as they apply to Historic Structures and Districts" for clarification purposes. 8. Section 2.2.7(D)(7): (page 2.2.9) Chanqe Reference: From "Community Appearance Board" to "Site Plan Review and Appearance Board" here and each time hereafter such reference is made. 9 . Section 2.4.2 ( B) ( 1) (b) : (page 2.4.2) Chanqe Reference: From "Local Planning Agency" to "Planning and Zoning Board" here and each time hereafter such reference is made. 10. Section 2.4.3(A)(2): (page 2.4.7) Basic Application Submittal: Add current certification requirement as it pertains to the warranty deed. 11. Section 2.4.3(B)(1): (page 2.4.8) Site Plan Submission Requirements: Delete the first sentence. 12. Section 2.4.3(B) (20): (page 2.4.10) Spot Elevations ( Submi ttal) : For clarity purposes insert "showing changes in elevations of not more than two feet (2')" after "elevations" in the first line. 13. Section 2.4.3(C)(1): (page 2.4.10) Submission Requirements - Landscape Plan: Change in entirety to read: Be drawn to a scale consistent with the site plan with crowded or tight areas provided in a larger scale presentation. 14. Section 2.4.3(D)(2): (page 2.4.11) Preliminary Enqineerinq Plans: Change the distance for which off-site topo must be provided from 50' to 10'. 15. Section 2.4.3(D)(3): (page 2.4.11) Preliminary Enqineerinq Plans: Insert "as shown in records of Delray Beach and field observations" between "location" and "of" in the first line. 16. Section 2.4.3(H): (page 2.4.14) Subdivision (Plattinq) Items: Reformat this subsection in order to provide for submission of a Standard Application; to differentiate between what is to be on the plat and what is submitted separately; and to accommodate submission of a street tree plan and a street liqht plan when appropriate (ie for a residential subdivision which is not associated with a site plan or landscape plan submission). Also, provision shall be made for the street tree or street light plan to be in a narrative (written) form for small subdivision and minor subdivisions. 17. Section 2.4.3(K): (page 2.4.19) Fees: Replace with new subsection K as distributed at the August 21st worksession as subsequently updated. Also provide a credit for COA fees and have no chance for an administrative COA. 18. Section 2.4.4(C): (page 2.4.27) Imposition of Conditions: The last paragraph on page 2.4.27 should begin ... "However, neither a final plat nor an abandonment ....... - 2 - 19. Section 2.4.S(H)(1)(b): (page 2.4.36) Landscapinq Plans: rules: Delete the last portion of (b) in that the requirement for upgrade of landscaping to apply to existing homes has been dropped from the proposed landscape code which is under separate review. 20. Section 2.4.S(H) (3) (b): (page 2.4.37) Landscape Plans: procedure: Change the phrase "standards of the City" to "criteria of the Board" in the last paragraph of this subsection. 21. Section 2.4.6(D)(1): (page 2.4.45) Siqn Permit Requirements: Add an additional requirement (h) and renumber subsequent items as follows: (h) appropriate exhibits showing the proposed location of the sign with respect to nearby structures, signs and vegetation. 22. Section 2.4.7(D) (3) (a): (page 2.4.68) Administrative Relief (procedure): Delete last eight words and insert a new sentence. "If the request is denied, it may be considered again when the site plan is acted upon." 23. Section 2.4.7(A)(5): (page 2.4.64) Board of Adjustment findinqs: Change the word "make" to "consider". 24. Section 2.4.10(E)(4): (page 2.4.78) Form of Financial Guarantee: Add the form which was accepted with respect to the Target Project. 25. Section 3.3.4(E): (page 3.3.3) Barrier Island: Change "present" to "acceptable" and "lower the level of service" to "lower the level of Service C". 26. Section 4.1.4(B): (page 4. 1. 4 ) Frontaqe Requirement: Add the following: "However, neither this provision, nor any other provision of these regulations, shall prevent construction of a residential structure on a single family Lot (or Parcel) of Record which has no frontage. Further, such a Lot of Record with no suitable access may achieve private access for a single family residence and similar uses by means of a nonpublic (private) access easement." 27. Section 4.3.3(J): (page 4.3.14) Gasoline Stations: Expand upon this subsection to address high turnover stations, service stations, adjunct use, convenience stores, associated car wash, etc. - 3 - · 28. Section 4.3.4(J) (3): (page 4.3.35) Heiqht Exemptions: Reword to have the 64' limit/review requirement to apply to free-standing items only. Separate into three subsections. 29. Section 4.3.4(J) (4) (b) (i) (a): (page 4.3.35) Allowances: Area "A": Add the following "except for property lying east of the Intracoastal Waterway". 30. Section 4.3.4(K) : (page 4.3.39) Development Standards Matrix: Enter the following changes (corrections) to the appropriate matrix: CBD District: Front Setback 10' Side Setback 10' Rear Setback 10' Height 48' 31- Section 4.4.1(D): (page 4.4.2) As Conditional Uses: Reword to accommodate nurseries, retail or wholesale, as a conditional use. 32. Section 4.4.1(F): (page 4.4.2) As Standards: Provide for a lot area exception to accommodate (a) nurseries and (b) property annexed into the City when the designation is used as a "holding zone". 33. Section 4.4.3(C)(5): (page 4.4.4) Single Family Section 4.4.6(C)(5): (page 4.4.8) RL Section 4.4.6(C)(4): (page 4.4.10) RM Section 4.4.7(C)(4): (page 4.4.12) PRD Add to each of the above as a new accessory use: "The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one to one basis." 34. Section 4.4.5(E)(2): (page 4.4.8) RL District: Change site plan approval from P&Z to SPRAB. 35. Section 4.4.6(D): (page 4.4.10) Conditional Uses in RM: Add the following: ( 8 ) Yacht Clubs with attendant facilities (9 ) Dockmaster facilities when associated with a multi-family development which has a marina 36. Section 4.4.6(E)(2): (page 4.4.11) RM District: Change site plan approval from P&Z to SPRAB. - 4 - - 37. Section 4.4.9(A): (page 4.4.15) GC Purpose: Change "only" to "primarily". 38. Section 4.4.10(E)(1): (page 4.4.21) AC District: Change use and site plan approval from P&Z to SPRAB. 39. Section 4 .4 . 12 (E) (2) : (page 4.4.30) PC District: Change site plan approval from P&Z to SPRAB. 40. Section 4.4.12(F)(2): (page 4.4.30) Outbuildings and Shopping Centers: Where the phrase "architecturally integrated with other structures" is used within Subsection (F), Development Standards, of individual zoning districts the word "compatible" shall be used instead of "integrated". In addition, at the end of the paragraph (sub-subsection), the following shall be added: "Architectural compatibility shall be determined pursuant to Section 4.6.18". 4l. Section 4.4.10(C)(2)(b): (page 4.4.20) Accessory Uses for Auto Uses: Delete Subsection (C)(2)(b). 42. Section 4.4.10(G)(5)(c): (page 4.4.25) Advertising Restrictions for Auto uses: Delete "banners" from (5)(c)¡ add the following (5)(d)¡ renumber subsequent subsections: (5) (d) Banners, may be used in conjunction with special events and promotions at full service new car automobile dealerships and when pursuant to the following: * not to be located within special or perimeter landscape areas nor attached to vehicles or light poles, nor located higher than the roof line the building it is attached to * not to be displayed for a consecutive period of five days, nor more than five days in any one month, nor on more than six occasions each calendar year * text, color, size, location, and number shall be approved by the Site Plan Review and Appearance Board. - 5 - ~ 43. Section 4.4.10(G)(3)(f): (page 4.4.24) Employee Parkinq for Auto Dealerships: Add to Subsection (G) (2) the following subsection (c): (c) A bullpen parking arrangement may also be used for an employee parking area provided that it complies with the provisions of Subsection (G)(2)(a) and is in conjunction with a full service new car automobile dealership. Employee parking provided in a bullpen arrangement may count toward meeting employee parking requirements. 44. Section 4 .4 . 12 (E) ( 2 ) : (page 4.4.30) PC District: Change site plan approval from P&Z to SPRAB. 45. Section 4.4.13(B): (page 4.4.31) Uses in the CBD: Change Subsection (4) to read: ( 4 ) Dwelling units within the same structure as commercial uses provided that residential and nonresidential uses are physically separated and have separate accessways and that there are no residential units on the ground floor. 46. Section 4.4.13(C): (page 4.4.32) Accessory Uses in the CBD: Change Subsection (5) to read: (5) A single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. 47. Section 4.4.13(E)(2): (page 4.4.33) CBD: Change site plan approval from P&Z to SPRAB. 48. Section 4.13(G): (page 4.4.34) Reduced Setbacks in the CBD: Add a new subsection as follows: ( 2 ) Setbacks: Within the area encompassed by the boundaries of the DDA as originally established in Section 8.2.2(B), there shall be no required front, side (interior), side (street), or rear building setbacks except for the situation where there is no dedicated access to the rear of a building, a ten foot ( 10' ) side setback shall be provided. 49. Section 4.4.13(H)(I): (page 4.4.34) Special Requlations CBD: (regarding retail use on ground floor) Delete 4.4.13(H)(1) - 6 - · 50. Section 4.4.13(H)(I): (page 4.4.34) CBD Special Requlations: Add a new ( 1 ) "No gasoline stations or service stations shall be allowed to have frontage along Atlantic Avenue." 51. Section 4.4.19(E)(2): (page 4.4.55) MIC: Change site plan approval from P&Z to SPRAB. 52. Section 4.4.20(B)(4): (page 4.4.59) Uses in Industrial: Add the following: - Boat repair and service 53. Section 4.4.21(D) (11): (page 4.4.62) CF Conditional Use: Add (11) Private parking lots and garages. 54. Section 4.4.22(B): (page 4.4.63) Uses in 0.8. : Add the following: (5 ) Golf Courses, Public and Private 55. Section 4.4.25(C) (3): (page 4.4.69) Revision Requirement in SAD District: Delete Subsection (3) 56. Section 4.5.1(L)(4): (page 4.5.13) Cason Church: Delete legal description of this site from the Old School Square Historic District Overlay. 57. Section 4.5.4: (page 4.5.24) Coastal Zone Requlations: Reformat to be consistent with the LDRs. Add the Coastal Protection Ordinance provisions once they are adopted by separate action. 58. Section 4.6.6(B): (page 4.6.7) Outdoor Uses: Add the following new item: ( 7 ) Outdoor retail area, for sale of living plants, at nurseries and garden shops with the proviso that one-half of the ground area devoted to such use shall be considered as "floor area" for the purposes of calculating and providing on-site parking. 59. Section 4.6.7(E): (page 4.6.12) Signing: Incorporate standards instead of using a reference. - 7 - · 60. section 4.6.9(C)(6): (page 4.6.19) Parking Requirements: Add the following requirement for Yacht Club as subsection (r): (r) Yacht Club: Shall provide one space per 1,000 sq.ft. of floor area and outdoor seating/eating area plus one space for one half of the number of boat slips. 61. Section 4.6.9(D) (4) (e): (page 4.6.24) Parking Lot Design: Incorporate diagonal parking schematics and standards from the current regulations. 62. Section 4.6.16: (page 4.6.36) Supplemental Regulations - Landscaping: Reformat after adoption of the landscaping ordinance revision which is under separate consideration. 63. Section 4.6.18(B) (page 4.6.62) Architectural Elevations: Add a new Subsection (13) and renumber subsequent subsections to accommodate: (13) Outbuildinqs and Shopping Centers: (a) Rule: Outbuildings within a shopping center shall be compatible in terms of color, materials, and architectural style. (b) Procedure: The Site Plan Review and Appearance Board shall make a finding of such compatibility prior to approval of outbuilding elevations. If the Board determines that there is not compatibility with respect to any of the items, then it shall deny the elevations. However, if the Board feels, despite the incompatibility, the elevations should be approved they shall forward the elevations to the Ci ty Commission with a recommendation of approval and the City Commission shall take final action. 64. Section 5.3.4(F): (page 5.3.9) Storm Water Utility Fee: Incorporate appropriate material from the recently adopted ordinance. 65. Section 6.1.3(C)(2)&(3): (page 6.1.7) Sidewalk Construction: Provide that the mesh requirement is only to be applied where the sidewalk crosses a driveway. 66. Section 6.1.4(B): (page 6.1.8) Driveway Standards: Add the following as subsection (5): "A nonpublic (private) access easement upon one Lot or Parcel which provides ingress and egress for one adjoining single family Lot (or Parcel) of Record, and similar uses, is excluded from the provisions of this subsection (B). - 8 - · 67. Section 6.1.l0(B) (5): (page 6.1.15) Water: Add a new exception C: " (C) Exception - Sinqle Family Homes: Use of City water for irrigation purposes may be allowed for a single family home located on an individual lot or in a subdivision where a restriction of such use has not been imposed during development approval." DJK/#69/PZLDRREC.TXT - 9 - CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Aug 31,90 13:52 p 1'-,) \ I i , EIT' DF DELRAY BEAEH ,..... .~~~~". .- ........,."'"...,."-"¡,~...--_._.-,...._-"..,....'!r:-..r~,., ,'" -"','..' .,.. ,." ':, ,_,....._.. ....~._ _.~~ _..',_ ... """"'.~.....,..._ CITY ATTORNEY'S OFFICE 310 S.E. Ist STREET, SUITE 4 DtlRA Y BEACH, H.ORIDA 33483 407/243· 7090 TELECOPIER 407/278-4755 MEMORANDUM Date: August 31, 1990 ¡ To: City Commission ~~~~ From: Jeffrey s. Kurtz, City Attorney Subject: Status of the Land Development Bards The delay in implementing the Land Development Regulations has left our Land Development Boards in limbo. The present status is that the Planning and Zoning Board, the Community Äppearance Board, the Board of Adjustment, the Historic Preservation Board and the Soard of Construction Appeals still exist as duly 'consti tuted boards under our existing ordinances. However, some of these Boards have vacancies in their membership, reducing the number of members to less than a quorum, making it impossible for them to transact business. This was not or19ina1:i~~... envisioned as being a problem since the passage of the l'1ew LDRts will eliminate the existence of those Boards through the repeal of the chapters in which they are formulated and enact new Boards under the new regulations that would take over and expand some of their functions. The case then being that the old Boards currently exist but are short on membership leaves the City with an inability to process the various applications that would normally be coming through those Boards. From the standpoint of having a smooth transition from the old coðe to the new code, this is actually an ideal situation, as no business would take place and the new Boa:r;'ds and staff cou~d have several orientation meetings to become familiar with the new processes and new regulations. Unfortunately, it does not appear we have an opportunity for that orderly transition, the Planning Director informs me the Planning and zoning Board has a nwnber of important items to deal with, including a review of the capital improvements aspect of the budget for compliance with the Comprehensive Plan and naturally the CAB has its usual full agenda. The Historic Preservation Board may also have some COAs to rule on but there is no great harm in not having a Board of Adjustment or Board of Construction Appeals for a month because they generally handle a limited number of items and a month's delay and their determination is rarely critical. . ~ .. . .. . ,.... .. . ,- ... .. l~.LIT HIIUKI\~t.r':::> Ut-t-1U: TEL r'~o. 407 278 4755 Ruq 31.90 13:53 P. rJ.3 .- . City Commission August 31, 1990 Page 2 The second option that the City Commission has to cure this situation would be to pass the Land Development Regulations on the 11th and having them be effective on the 15th so that the new Boards would be in place and consider all of the items that come before them. The Planning Director feels that' it is important to have another workshop meeting on the 18th and passage on the 25th with the LDRs being effective on October 1, 1990. He feels that by doing so we will have a much smoother transition then switching gears in the middle of a month. A third option would be to pass. an emergency ordinance deconsti tuting and then reconstituting the existing Boards so that the Board members who have been appointed pursuant to the new LDRs would be able to fill in on the respective slots and would serve in the capacity as an o~d Board member for a few weeks and then switch over to the new Boards. This would at least lead to consistency of membership as of September 11. A fourth option and one that I ·would recommend to the Commission would be to simply' fill the vacant memberships on the various existing Boards so that the existing Boards could function for the month of September and then would be deconstituted upon passage of the LDRs. By. copy of this memo to the City Clerk, I am requesting that she advise you as to the status-of vacancies on the~ existing Boards so that you can consi~er which option is most preferable to you. JSK:sh cc: David Harden, City Manager Alison MacGregor Barty, City Clerk David Kovacs, Director of Planning and Zonin9 Lula Butler, Director of Community Improvement .. .-. . · - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: SPECIAL MEETING OF SEPTEMBER 5, 1990 DATE: August 31, 1990 Provided for your information is a list of the members serving on current advisory boards/committees whose terms are expired. At your regular meeting of August 28th appointments were made to reconstitute those boards/committees which would be affected by passage of the Land Development Regulations. However, because of the delay in adopting the Land Development Regulations an alternate action may need to be taken in order to officially, fill these vacancies. COMMUNITY APPEARANCE BOARD (no more than two successive terms) Member appt date exp date eligible reappt Mark Marsh 8/88 8/25/90 yes PLANNING AND ZONING BOARD (no more than two successive terms) Member appt date exp date eligible reappt Lawrence Parker 5/89 9/28/90 yes Digby Bridges 9/88 9/28/90 yes Helen Coopersmith 9/88 9/28/90 yes Larry Schneider 4/89 9/28/90 yes David Schmidt 9/88 9/28/90 yes Under the reconstituted board concept, the following vacancies exist: BOARD OF ADJUSTMENT (has quorum) One vacant alternate position. BOARD OF CONSTRUCTION APPEALS (does not have quorum) Two vacant general contractor position (Commissioner Alperin/Mayor) One vacant air conditioning contractor position (Commissioner Andrews) One vacant master electrician position (Commissioner McCarty) One vacant master plumber position (Mayor) . MEMORANDUM TO: David T. Harden City Manager FROM: William H. Greenwood Director of Public Utilities SUBJECT: BID NO. 90-72, PUBLIC UTILITIES PROJECT 90-10 WELLFIELD ASSESSMENT AND REMEDIATION PROJECT DATE: August 31, 1990 Purchasing Department Bid No. 90-72 was advertised on July 25, 1990 and sealed bids were opened on August 3, 1990 at 10:00 am. . The lowest responsive/responsible bidder was Poole and Kent Company, 1781 N.W. North River Drive, Miami, FL 33125 in the amount of $870,920. This project consists of the installation of an 800kw electrical generator to operate the Water Treatment Plant and additional electrical generators to operate two (2) wells at the Golf Course and three (3) wells at the 20-Series Wells. Project also includes a telemetry system to monitor and control all the Golf Course and 20-Series Wells plus the installation and replacement of fuel tanks to operate the electrical generators. The 1984 Water and Sewer Revenue Fund has $1,425,329.67 in interest income as of August 27, 1990. We request authorization from City Commission to transfer $870,920 from 441-0000-361-39.00 to 441-5162-536-60.37. Poole and Kent has protested to the award claiming a $100,000 error in their bid package. Poole and Kent's president met with City Attorney on August 30, 1990 and explained how they made the error. The City Attorney has requested Public Utilities to put this award on the September 5th City Commission Agenda for award. 1Jt!~¡JØDn~&'ð~'~ William H. Greenwood WHG:jem ATTS: 6P/2 CITY OF DELRAY BEACH Departmental Budget Transfer . (1) Departmental Line Transfer (2) Date August 5, 1990 (3) Interfund/Interdepartmental Transfer (4) Batch Number 46/PU (5) REQUESTED BY: Public Utilities Department, William H. Greenwood, Director _____________.=______ _~____a_==_______.==___=__ ___._______________ ===-.-----------.,. (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN ___________c________= _______==_______._=:______ -----------=------ ----------------- 441-0000-361-39.00 1984 Water and Sewer Revenue Bond, Interest Income $ 870,920 441-5162-536-60.37 Well field Assessment and Remediation Project $ 870,902 (10) TOTAL $ 870,920 $ 870,920 -=-========-===--= ------------------ JUSTIFICATION: Public Utilities Project No. 90-10, Bid No. 90-72 Well field Assessment and Remediation Project bids ~ere opened on August 3, 1990 at 10:00 am. City Commission requested on September 11, 1990 to authorize staff to award the contract and to authorize transferring funds from 441-0000-361-39.00 to 441-5163-536-60.37. Attached are minutes on this agenda item, CH2M Hill recommendation and proposed contract. DEPT. HEAD ASSIST. CITY MGR. BUDGET DIREC'rOR CITY MANAGER .===================================================================~==-=-=-=----_.--_.- Associated with Aero-Dri Litigation (11) BUDGET REVISION DATE (12) CONTROL NUMBER (13) PERIOD (14) COUNT WHITE· ORIGINAL - BUDGET . CANARY· COPY· FILE . PINK· COPY· DEPARTMENT ~, TABLE A: INTEREST === == =======:::: =======: == ===:::====::===::: ========= ======= ==== ======:: =::= :=; ::= ..-- .. -- --- ----- -- ---------------...--- ------..----- ---..---- -- --- --------- ---------------... ----------.. ------- ---- --.. ------- -- --- TOTAL UNCOMMITTED 441-0000-361-39.00 FYB4-85&85-86 FY86-87 FY87-88 FY88-89 FY89-90 INTEREST COMM I TTED BALANCE -----------------------...--------------------------------------------...------------------------------------------------------------------------------ INTEREST RECEIVED TO DATE $2,163,506.1B $507) 739.01 $608,880.44 $534,118.53 $269,977.74 $4,084,221.90 $2,793,325.29 $1,290,896.61 INTEREST ACCRUED TO DATE $0.00 $0.00 $0.00 $0.00 $19,109.58 $19,109.58 $0.00 $19,109.58 I NT. ON SECUR ITI ES FOR RESERVE $50,586.68 $32,368.40 $32,368.40 $0.00 $0.00 $115,323.48 $0.00 $115,323.48 ----------------------------------------------------------------------------------------------------- TOT AL $2,214,092.86 $540,107.41 $641,248.84 $534,118.53 $289,087.32 $4,218,m.96 $2,793,325.29 -------------- -------------- TABLE B: COMMITTED ENCUMBERANCES -------------------------------------------...----------------------------------------..----------------------------..--- ------- ------- ...---_.. ----- ---- ------ ------.... -------- ---- -------- -- -- -- ------------------------ ----------------- --- ---- VENDOR ACCOUNT TOTAL COMMITTED NAME CODE PO, ENCUMBERED PAID BALANCE ----------------------------------------------------------------..---------------------------------------------------- POST BUCKLEY ( 11.13) 17577A S68,000.00 $68,000.00 $0.00 POST BUCKLEY (33.11) 19003 $14,000.00 $5,017.76 $8,982.24 UTILITIES SERVICE (60.351 17582A $62,500.00 $62,500.00 $0.00 UTILITIES SERVICE ( 60.35) 17582B $1,665.00 $1,665.00 $0.00 DATA FLOW SYSTEMS (60.36) lB429A $205,120.00 $184,608.00 $20,512.00 OAT A FLOW SYSTEMS (60.3b) 18429B $l32,93O.00 $0.00 $132,930.00 SESSOMS GRICE CONST CO. (60.36) 17623Y $15,709.00 $15,709.00 $0.00 CH2M HILL (60.37) 18896 $94,700.00 m,054.53 $61,645.47 CH2M HILL (60.38) 18758 $27 ,230.00 $5,720.29 S2l, 509.71 GERAGHTY & MILLER (60.41 ) 17630 $13,500.00 $13,500.00 $0.00 GERAGHTY & MILLER /60.42) 17630A $3, 03B. 30 $0.00 $3,038.30 JAMES W VANCE PA 160.42) lB556 $2,947 .84 $2,947 .B4 $0.00 GERAGHTY & M[LLER (60.42) 19352 $7Q8.84 $0.00 $708.84 JAMES W VANCE PA (60.42) 19200 $1,919.76 $0.00 $1,919.76 POST BUCKLEY (60.47) 17382 $27,128.00 $27,128.00 ($0.00) CH2M HILL (60.49) 17784 $1,900.00 $1,900.00 $0.00 CHEMWASTE MANAGEMENT (60.49) 17578 $40,000.00 S40,OOO.00 $0.00 ELKINS CONSTRUCTOR (60.49) 16723 $295,683.02 $295,683.02 $0.00 BOARD OF CNTY COMM. (bO.50) 17689A $145,434.00 $145,434.00 $0.00 BOARD OF CNTY COMM. (60.50) 176898 $61,347.01 $61,347.01 $0.00 BOARD DF CNTY COMM. (60.60) 17486 $112,835.00 $112,835.00 $0.00 BOARD OF COUNTY COMMISSIONERS(bO.60) 17486A $13,593.00 $13,593.00 $0.00 WIDELL ASSOCIATES (60.76) 176428 $1,272.13 $0.00 $1,272.13 WIOELL ASSOCIATES (60.76) 17642 $2,248,000.00 $1,870,038.16 $377,961.84 WIDELL ASSOCIATES (bO.76) 17642C $11,369.03 $0.00 $l1,369.03 WIOELL ASSOCIATES (60.76 ) 17642A $1,637.70 $0.00 $1,637.70 POST BUCKLEY (60.771 17507A $85,420.00 $85,420.00 $0.00 CAMP, DRESSER & MCKEE INC. (60.781 18580 $13,000.00 $13,000.00 $0.00 SCRWDTB (6Q.78) 18863 $18,000.00 $8,912.04 $9,087.% . SCRWDTB (60.78) 18186 $318,000.00 $315,488.18 $2,511.82 SCRWDTB (60.78) lB187 $25,914.17 $17, 772.B7 $8,141.30 -.' '- , ',. Engineers r I, . '"-':-..:~. u. I '. "-J~ oJ'.., 'U', ! o·_tJ L _"-'!~ ¡ Planners ! AUe 0 ~ 1990 I ! ~ Economists Scientists '._~---- I '........ -- 'FAX REQUEST FORM e. '..._. _ __ _... ._ lQ¡. I~DIATE DELIVERY Office Telephone Numb~r: (305) 426-4008 FAX Telephone Number: (305) 698-6010 TO: ~I fJ ()1 f.£~ I.V 0 ùd FIRM NAHE ~ .--Ct b1 Df- Ï) -f;: ~ro.~ ~ €ð ('~ DATE: _ ~l R I c10 r' ~ PROJECT NO.: S{;¡; ~I.. 10%· t=o . tJ7 TOTAL NUMBER OF PAGES INCLUDING THIS PAGE; '<f; FAX TELEPHONE NUMEER: FROM; esßN} L eJ" "... EMPLOYEE NO.: If you do not receive ALL of the pages, or if any of the pages did not trnnsmit clearly, please call as soon as possible. . Thank you, Fax Operator J)Þ411- COMMENTS: . v- I dboOO1\OZ4.50 CH2M HiLI, Southetast Floridr; OffIce HiIIsbOfo &9Cutive Clmfsr North, 800 fc(tvIOy Drlvt!, Svita J50 JOS.426.4008 D.;ort/( (d Beach, F/orfdC1 JJ441 407,7J7.66ó5 -- -- .~~_ Engineers !!!!I!JJI Planners .. Economists - Scientists Au~st 8, 1990 , SE 2470B.EO Mr. Wi11iam H. Greenwood Director of Public Utilities City of Delray Beach 200 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Greenwood: Subject: Bid Evaluation and Recommendation for Emergency Well Field . Project (City Project No. 90-10) CH2M HILL bas completed evaluating the bids received on August 3, 1990, for the Emergency Well Field Assessment, Protection, and Remediation project and recommends that the City award the contract to the Poole and Kent Company. Enclosed are the bid evaluation spreadsheet and CH2M HILL's revised construction cost estimate. Although Poole and Kent's bid was 13.5 percent lower than CH2M HILL's estimate and 15 percent lower than the next lowest bidder (UtBities Services, Inc.), no obvious errors or omissions were found. Jerry Bahn contacted Wi1liam Thomas, president of the Poole and Kent Company, to confirm that no clerical errors were made on the lump sum cost for installation of the 8OC-kW generator Of other bid items. Although Mr. Thomas was concerned that thoir bid was so much lower than the next lowest bidder, Poole and Kent is prepared to do the job for the quoted price. Please call me if you have any questions concerning the bid evaluation Of the re\Ïsed cost estimate. . Sincerely, p~ aK~ Pamela A. Le.hr, P.E. Project Manager Attachment dbt072\020.51 cc: John CurtisslCH2M HILL J cITy Bahn/CH2M HilL CH2M HILL SQutheast FlorIda OffIce H/IIsboro Executive Center North. 800 Fairway DrIve. Suite 350 305.426.4008 Deertleld Beach, Florida 33441 407.7J7.66ó~ I g g & g 8 ~ g 8 8 8 'ò-';; 8 g g g ~ ~ g g ~ ~ 8 g ~ t' g 8 ~ 88 8 8 g gg, 8\ I ~ 0 .,; 0 8 gag 0 '- <5 c> " 0 .,; .,; 0 c> goo 0 .,; t" 0 0 .,; 0 '. c> <> - <> g 0' 0 0 0 0 ò g¡ ¡ -.. g g goo g 0 g g 0 g ~ g g g g g 0 8 ~ (..t ~ .. ~ ~ ~ i.h ~ .. g g ~ (.1 M g 8.. g, ~.~.. ¡ .~ ~~~~~~¿~i~~~~~~¿~,i~; ~~ ~ ¿~ ~~ ~o ~ : "" J! ~ (1 tr .~ q>' _ ~, ~ """ tI"& U'J ..., t·"J N ..,.; It't ~ ..... (., _.... -.,.. a\ D'" ¥f "=" r." "" ~ . ~ ~ 'Ny, t/twJtr.... tri .;.,..- _ ....:. O1Ch ~ M"" .,.. ~ ¢,C. I ~~.. 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EST 1M T E ClWW'r _P"'I"o_..oM............... . ...~.~~~~-~.~ PRo.ÆCT: em or OClll\Y 8tA¢Ij KlÐATtJ ¡ nll 6TOAAç£ 8Y:JIC FACIL1lY: FILt H~:JnC.l~~IOtLAAY PH:8EF24700.tO,OO .....--.ft......w....w.....".......~"-W.·4."....y...____~_______.~~~.~._~....~~~~^.~.__~..__......._________~____._~___________w_ I IU\ ¡If! T filE.O cas T I CûHTl»OOi:Y I IIOOIB!»Ð I II(!! I ow , ~ I ocncuPTl (J,I I Qír IHI-----------------------·I-----·------·-----I--~--~..~..-----I---------------I TOTAL I I ITJ 11m. I AIOJ!T I 15.0011 &.OOtl 2Q,~~1 I ____.W~......~ft.-W--~------------------~~~~~_.-~.M-----------.~..............aM.~~_._.__~_~-_~......~~____~_-~-----~------- ~HO,l 1. ~P« 'riO ~ mom 11..8 ~.ooo.oo m,ooo ~,IX>O tL,l&O nlÐ:)O m,seo TO 110O ~ Q(IOATŒ ~. ~M PVC F~ ~ 60lJ \5. !16 S~ ~ no tÐS f(,09 CMU: RElœAn~ ~. RmM: DIEGEl.. tAlt: I 1 E~ $10.000.00 no ooo $1,500 tm '2,m tH,49O LIFT STAT.50 <~OQ Ç~) 4. W1 am ~o OOL£-\W.I. l£A ~,20Q.OO ~,m 1160 Sôì2 l4,m MM-ÇRHO 1000 eN. 6Tm TAt«< 5. rt'«T MIlt 8IJ1> PW ItA t&¢O.OO t500 m 1105 t6:}O G. CJRC\JIT U(~ IPÇRAOC 1 La 'lS,OOO,OO 116,000 n,zso 00 t3,B~ t21,m F~ Z!iOOOA TO 1iS00Q1\ 1, £> QUE Ot~rœ lEA ,2$1) ,00 t2Sð 113 ts3 .m £XtRClSI/19 HID a. PATA F~~ SViTVI 2 £1\ r5,GQ;.OO Hl,m ~g t2,:Ja9 tH,m 9. MW. n.~ Ð\lIiCH TEA t9,OSS.CO tS3,406 n,l7O tl3.31b t19 ,892 lO.l1WŒ l0Q0A ~IQAT~ lEA tz,ooo.oo f2,OOO 1300 t11S U~ f2,e96 B~ TO lZOOA 1L .MCT I ~tRIK9 I.fQtACf: 1 1.8 tl,ZOO.OO $1,200 $LIÞ) ~ t290 tl,'n8 ~.u»·jf¡c~a 12 .lHIIT till 11 QI( a: mIJtt. 1 LS SS,OOO.OO ~I~ Ii ,OOQ TR/IIIInR YlITCŒ8 l~ ,lIlB¢ lTtx1I 1 La 120,000.00 *20 , 000 '20.000 a.AOOmtm.~1t f~ 4' rowtTOK Pt>ÞS 1 ZS xv 1R OY tm.OO tG ,4ðO $tII0 ~t1 u ~ t7,G2S 200 KV 21 C1 I:JQO .00 ".300 ms w U,S2l '9, lr3 150 KV :13CY noo ,00 Ul,100 1117&5 n~ n,m t1G,9G1 =¡.:.:::::::~::;;;;:;;;::~::=~===:==~~~~::::::::::.::::::~~~=:=::~::~::::::==~:;:::::=====::::::::::::::==:::==::::::==::=::: TaTri ms/ooo TOTAL llQ.lX)n~ AOC()Wt 1«], 1 $I .007 ,000 ~:::""'-=--~=:.:--= __ I -_,., ____ .__ t....... ._" .-- ._ _6_. - ... , I . I I Board of County Commissioners Count)' Administrator I 'I . Ch' I~n \\'ìntl'r, Caro J. E mqulst. airman Karen T, ~1arcus, Vice Chair . Carol :\. Rob~rts Ron Ho\\'ard Carole Phillips . = September 5, 1990 The Honorable Thomas E. Lynch City of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 33444 SUBJECT: INTERLOCAL AGREEMEN~ Dear Mayor Lynch: It is my understanding that the Delray Beach City council reviewed the Local option Sales Tax interlocal agreement on Tuesday, August 28, 1990, and voted to not approve it until two questions regarding the sales tax and the interlocal agreement could be answered. The first question regards the commitment the County made to the cities in the inter local agreement that any surplus revenues from the sales tax be split between the County and the cities according to the state formula. At what point is the courts and ja.ils project complete and surplus revenues available for municipal law enforcement facilities? Should the Local Government Infrastructure Surtax of 1/2% be approved in the November 1990 referendum, the tax would become effective on February 1, 1991, and be in effect through January 31, 1996. Based on current projections of sales tax revenue and current project costs, it is estimated that any excess revenues which would occur in 1996 would be minimal. It is currently estimated that the County will collect $260,551,000 during the five-year period. The Board of County commissioners has authorized the issuance of $260 million in bonds for the Courts and Jails. It is estimated that by 1996 sufficient funds will be available to effectively defease (fund) the outstanding debt service on the bonds. As you can see, we really don't expect that there will be significant revenues available over and above the cost of the Courts and Jails. If the economy continues to slow, the County will need to make up the shortfall from its present source of funds. The solution to meeting municipal needs rests with a new formula for the sales tax in the future. "\1) Itlll,11 Opportuuity ·\t ¡rnMlh~· :ktion hl1plo~~'r" BOX 1989 WEST PAL.\\ BEACH. FLORIDA H402-1989 ~. (407) 355-2010 '6i:J pflnr,d on "eyel,d ~P" Suncom (407) 271-2030 . _ ¡ c. " ¡.,' ,\ t; ¡ 1.1 ^ j L: L' i~ .i il I IJ I ¡ II. I' ; , ., ," , " ., I"'" .) . . I I The Honorable Thomas E. Lynch . City of Delray Beach Page 2 . . The County has agreed to share any excess sales tax proceeds with the municipalities. At the end of March 1996, any revenues in excess of the amount required to payoff the outstanding bonds and fund all authorized projects (projects are defined. 1n the prospectus for the Criminal Justice Revenue Bonds, see Attachment A) originally approved by the Board of county commissioners, would be allocated to the municipalities based on the state formula for distribution of sales tax (Chapter 218.62, F.S.). surplus funds may only be used for criminal justice related infrastructure. The second question regards the reallocation of the $9 million budgeted in FY 90/91 for criminal justice facilities. Many city officials with whom we met recommended using these funds for alternative criminal justice programs. What commitment has the county made to use these funds for alternative intervention, prevention and treatment programs? The Board of County commissioners, at their July 31, 1990 meeting (see Attachment B), committed to working with the Criminal Justice Commission to identify and fund new drug intervention, treatment and prevention programs. The Board accepted the Criminal Justice Commission's recommendation to reallocate up to $5 million for these programs. Additionally, the Board agreed that approximately $4 million should be set aside to help offset the operating costs of the new jail facilities. The Criminal Justice Commission has drafted a resolution (see Attachment C) for Board adoption which formalizes the County's commitment to using a portion of the $9 million to fund new drug intervention,' treatment and prevention programs. This resolution is consistent with the commitment the Board made on July 31, 1990. The criminal Justice commission will place the resolution on the Board agenda for adoption on September ll, 1990. . . I hope I have adequately answered your questions. Jan Winters will be at your City Council meeting tonight to respond to your questions in greater detail. Sincerely, /--- I L--- '--_ .l..c·~ Carol J. Elmquist, Chairman Board of County Commissioners CJE:WSH:db Attachments . I' . " . I I \ ATTACHMENT "All' The Project . The Project consists of the construction of a new Judicial Complex and the construction of Detention and Law Enforcement Facilities. The Judicial complex will consist of an 11-story courthouse building, a 6-story states Attorney/public Defender building and a central energy and mechanical facility~ The Judicial Complex will encompass 874,500 gross square feet of space, of which·S74,OGO will be finished initially and the balance will remain unfinished for future expansion. The finished portion of the Judicial Complex will contain 32 courtrooms, 32 jury rooms, 11 hearing rooms, 66 conference rooms, temporary detention facilities capable of holding 250 persons and office space for court administration, Clerk of the Court, Sate Attorney, Public Defender and other support functions. The facility is designed to meet the county's space needs through 2005. The Judicial complex will be located in downtown West Palm Beach across from the existing county Courthouse, which will be demolished when the new JUdicial Complex is completed. Construc- tion of the JUdicial Complex is expected to be started in July, 1990 and completed in March, 1993. The estimated cost of the Judicial Complex, including site improvements, engineering, archi- tectural and program management expenses/ is $117/347,234. Tht: Dt:I;..t:ntiuH CU¡Ù Law El1L'uL·~t:m\:lnl;. rCl~.lllt.le:!i to De constructed from the proceeds of the Bonds consist of the construction of ( i) a 968-bed addition to the existing County Detention Center located at Gun Club Road in West Palm Beach, (ii) a 256-bed addition to the existing county Stockade, (iii) a 168-bed addition to the existing jail in Belle 'Glade, (iv) a juvenile detention facility, and (v) administrative and support facilities for the Office of the County Sheriff (collectively, the "Detention and Law Enforcement Facilities"). The cost of constructing the Detention and Law Enforcement Facilities, including land acquisition, site and infrastructure improvements, engineering, architectural, and program management expenses, is estimated to be $111,511.000. ..1 L ., ~" /'\ ''; I V ^ : v I -.: ',.. I.., r--' J. LJ f . , . - ' ~' -, "'" " I ,-; L..' . ~ I . , \ "ATTACHHENT Bit Meeting Date: MYJ1J.22Q Agenda Item:~ / . . Abb- ðJJ PALM BEACH COUNTY BOARD OF' COUNTY COMMISSIONERS I' AGENDA n'EM SUMMARY ~ /)./J,~ í. /uj . . v f' I 1 ~I II I Consent [ ] Regular [vf Ordinance [] Public Hearing '~ ~,(.YJ I. EXECUTIVE BRIEF ReQuest su ~mitted by= County Adrnini~tration Motion and Title Staff requests Board direction: A. On placing the Local Option Sales Tax question on th~ November 6. 1990 general election. B. On re·allocating the $9 million budgeted in FY 90191 for criminal justice facilities. if the Local Option Sales Tax is a~proved. The Criminal Justice Commission has recommended using up to $S nullion for drug intervention, prevention and treatment programs with the remaining monies reserved for o~ruting costs of the new jail facilities. C. On extending the six cent Local Option Gas Tax. Several municipalities have requ~sted that the existing gas tax be extended for fifteen years beyond the 1995 expiration date so that revenue from the tax can be pledged for long· term fma.ncing. D. On whether to place the Acquisition of Environmentally Sensitive Lands General Obligation Bond question on the November 6, 1990 general e1e<:êon or on the March, 1991. municipal election. Back~roulJd and Justification A. Local Option Sales Tax On June 26, 1990 the Bee directed staff, the Chief Judge, the County Sheriff and the Chair to meet with individual cities and seek approval of an intcrloca.1 agreement allowing 100% of the local option sales tax solely for the purpose of funding the court and jail related proiects, The intcrlocal agreement stipulates a 112 cent sales tax effective for five years, sole y for the purpose of funding court and jail related projects. The agreement states that any surplus revenues be split between the county and the cities according to the state formula. A copy of the agreement is attached to this repon (attachment "A"). Between July 2, 1990, and July 19, 1m, meetings were held with ten cities. Nine cities approved the interlocal agreement (Belle Glade, Boca Raton, Delray Beach, Greenacres City, Jupiter, Lake Park, Palm Beach Gardens, Riviera Beach and West Palm Beach). One city did not a~rove it (Boynton Beach). It was necessary to win approval from cities representing .1 % of the populadon in the incorporated areas. The nine cities approving the interlocal represent approximately 66% of the population in the incorporated areas. . It is staffs recommendation that the Board direct staff 10 draft an ordinance placing the Local Option Sales Tax on the Novemb¢r 6,1990, general election. (Continued on page three) Attachments: A. Interlocal Agreement Environmentally Sensitive Lands Acquisition Advisory B. July 1',1991, letter Committee . η ~O· ~ 0 unty ~dministra~ . ,~ ,((;)¡:Z ) ,7 ~ ~ r...I1 ..' ZL'c 0' j . 'r "... -.-...... '..' (....- :. I " O¡1v1B Leial Sufndencv: ~"ß.~ Qate: 7-30"<.'\0 . County Attorney 01_:11 U( 'I\(J! U,~ II.JjtJ(J(.!\lilJ! /1.1, '.1 . 1 , .1'1 . ,....(., . , , , . I . I ...·í ,, "I II' it IJ . I \ \ . . B. Realtocation of the $9 Million Budgeted in FY 90/91 for Criminal Justice Facilities $9 mitiion has been budgeted in FY 90191 for payment on the $233,620,000 million criminal justice facilities. The Local Option Sales Tax, upon voter approval, will fund the crim.irtal justice facilities and free the $9 million budgeted in FY 90191 for other uses. Many of me city officials with whom we met to pre~nt the interlocal agreemènt, felt strongly that me budgeted $9 million should be used for alternative intcrvention. prevention and treatment programs. Perhaps me most potent argument in favor of alternative criminal justice programs is made by the Palm Beach County Detention Facilities Master Plan (presented to the Board of County Commissioners in 1987). The plan presents two options for detention facility needs. Option "A" assumed that the County criminal justice system's level of activity and incarceration p1"dCticeS would continue as they were in 1986. Option "A" projected the need for 2,500 additional beds and estimated construction costs at $103,416,000. Option "B" assumed the implementation of new and expanded alternative intervention, prevention and treatment programs. Option "B" projected the need for a total of 1,500 additional beds and estimated construction costs at $68,916,000. The Board selected option "B" and approximately 1 ,400 additional jail beds are scheduled for construction in 1990191. Intervention, prevention and treatment programs can dramatically reduce the size and cost of jail facilities. Additionally, alternative criminal justice. programs are less expensive to operate than jail facilities. . The Criminal Justice: Commission endorsees the concept of alternative treatment programs and has recommended that a portion (up to $5 million) of the $9 million be used for drug intervention, prevention and treatment One program already mentioned is the Sheriffs drug fann which was denied funding by the state legislature this year. The Criminal Justice Commission has offered to work with staff to detennine the most beneficial and cost- effective programs for implementation. An additional use for the $9 million is to allocate a portion of it to help offset the operating costs of the new jail facilities. This cost has been estimated at between $20 and $25 million a year. ~....çç "0"1"0"." 'D oCUOd d~"'~"~ ..... .....11.0..~e ~. eo núUl... ~...dSo,K l.. rv' ?O,'? 1 (V~ criminal justice facilities debt service, if the Local Option Sales Tax is approved. C. E?'t~nsion of the six cent Local Option Gas Tax. Several cities htlve requested thClt thc cxisting ga3 tD,x be çxtcndcd for fifteen ycan bc~ond the 1995 expiration date so revenue from the tax can be pledged for long term-frnancrng. Many cities have significant road improvement needs which are competing for limited revenues. An extension of the gas tax will allow additional revenue for these needs. State law provides a fonnula, based on historic road building expenditures, for the distributíon of gas tax revenues. The law also provides for gas tax revenues to be distributed according to an alternate formula upon adoption of an inrerlocal agreement between the County and the municipalities. Existing gas tax revenues are split according to an interlocal agrc¢ment adopted in 1985. This agreement approximated historic toad building expenditures and gave the County 67% of the revenues. The County has significantly increased its road building program over the past five years and a split based on expenditures of the last five years would give the County approximately 75% of the gas tax revenues. The extended formula could: a.) continue the existing split for an additional IS years; b.) continue the existing split for the remaining 5 years of Ú1e interlocal agreement and develop a new split (based on recent or projected road expenditures) for the next 15 years; or c.) revise the existíng interlocal agreement to reflect recent or projected road expenditures and extend Ú1is split for 20 years. Depending on the option, estimated total County revenues from the extended gas tax will range from $424 million (option a.) to $503 million (option c.). Estimated total municipal . revenues range from $133 million (option c.) to $212 million (option a.). It is staffs recommendation that the Board direct staff to enter into negotiations with the municipalities to extend the local option gas tax and to develop a distribution formula for the revenue. >-J'" ! ~ ¡ U 1 . Î\ 'J I I) ^ ¡!.J I I..; " I) J I J !.J t /'_,'.:1 , '.I '" ."> ,} . ' . ..! .'" 'I, " j . . I I . . D. Acquisition of Environmentally Sensitive Lands General Obligation Bond Elected officials of several cities who approved the inteJlocal agreement to use the local option sales tax solely to fund court and jail related projeéts, yoiceð concern about placing the acquisition of environmentally sensitive lands general obligation bond on the November, 1990, ballot. They felt mat criminal justice is a critical issue [or the county and they agreed to direct 100% of their sales tax split to fund it. They believe it would be unfair to me voters, and to those cities supporting the interlocal agreement, to complicate the issue by placing a second county-wide major funding issue on the November ballot. The Environmentally Sensitive Lands Acquisition Advisory Committee has recommended (attachment "B") that the general obligation bond issue to acquire environmentally sensitive lands be placed on the November,1990, ballot The Committee also recommended that the amount of the bond issue be $150 million. The committee stated that funding for the acquisition of environmental lands is necessary as soon as possible because environmentally sensitive lands in Palm Beach County are disappearing at a rapid rate. It is also necessary to have matching funds in place to be eligible for the State CARL and Preservation 2000 programs. Both the court and jails and the environmental lands issues are sigrùficant and deserve careful consideration by the voters. Staff agrees with the concern raised by the cities. The affect of placing two county-wide major funding issues on the same ballot is uncertain. Staff also agrees with points raised by the Environmentally Sensitive Lands Acquisition Advisory Committee. It is important to have funding in place as soon as possible for the acquisition of environmentally sensitive lands. Staff recommends that the general obligation bond issue to acquire environmentally sensitive lands be placed on the March,1991, municipal election ballot The four month delay from November, 1990, should not have a detrimental effect on the acquisition program. Staff discussed this recommendation with the Committee last week. The question was raised that a March, 1991, referendum may be too late to have matching funds in place for me CARL application process which has its fll'st review in early March. Staff is still researching this question. However, initial discussions with State environmental staff indicate th?-t jt may be possible to enter the process without matching funds in place when a referendum for funding is scheduled. If this is not possible, sUlff would recommend holding a ~ecial elèction for the acquisition of environmentally sensitive lands in February, 1991. A ebruary referendum would me't the CARL deadline. Staff recommends that the referendum to acquire environmentally sensitive lands be for $150 million. A survey of 39 Florida counties conducted by ERM indicated that the largest referendum for the acquisitiorl of environmentally sensitive lands was in Dade County for $90 million. The next lar~est were in Broward for $75 million and Pin ell as for $63 million. Because of the hIgh property values within Palm Beach County and the large inventory of environmentally sensitive lands, the Committee believes that $150 million is an interim measure and will not fund the acquisition program at an optimum level. Staff does not disagree with tlús assessment. However, based on what voters in other Florida counties have approved and on the availability of CARL and Preservation 2000 matching funds, staff believes that $150 million is a proper first step. After acquisition of the most important properties, it may be appropriate to return to the voters for additional funds. In order to prepare the public infonnation effort for a referendum in March or February, 1991, it is necessary that the environmental community have the assurance that the referendum will be held. It will also be necessary to budget approximately $150,000 to cover the cost of a special election. It is staffs recommendation that the Board direct staff to prepare a resolution for Board adoption stating the Boards intent to hold a referendum to acquire environmentally sensitive lands in March or February, 1991. Staff also recommends that the Board include $150,000 in the FY 90;91 budget to pay for the special election. . . . I I I D 8 g. 1li!,\171¡ ~ . '~4 ~'K ,"'" '. .'.~I "., "'", 'J IIATTACmlENT C" ' ''t.i... ,'t \.\ \,~,..I " I . ::1~ ':'"\ ~ ' t..·i/,~'~ '/"~ ~: . \ ~ '7] f{ (,~, d t'. l ...,..íi '.f. .., RESOLUTION NO. R-90 . . RESOLUTION OF THE BOARD Or' COUNTY COMMISSIONERS OF' PALM BEACH COUNTY. FLORmA ALLOCATING [<'IJND!NG FOR SUBSTANCE ABUSE PREVENTION, INTERVENTION AND TREATMENT PROGRAMS FROM MONEY THAT PALM BEACH COUNTY WILL SAVE IJPON PASSAG~ OF THE PROPOSED LOCAL OI>'r¡ON SALES TAX WHEREAS, Palm Beach County has previously Issued revenue bonds for the new courthouse and jail. which bonds may bl:> funded with local option sales tax funds if such revenues become a va lIable; and WHEREAS. a 1/2 cent sales tax Increment for five years Is proposed In Palm Beach County to finance bonds issued to build the new courthouse and jail; and WHEREAS. savings In the Crlmlnal JustIce FacUlties lIne Item will be available If the County is afforded the opportunity to pay off the currently outstanding revenue bonds over a flve year period by utlllzlng the proposed local option sales tax as a funding source; and WHEREAS, the County has budgeted $9 million for Criminal Justice Facllities in fiscal year 90-91; and WHEREAS. there is a direct link between substance abuse and crimInal activity; and WHEREAS, the cost tor incarceration In Palm Beach County averages $48.70 pel' day with an annual cost or $34 million: and WHEREAS. it has been estimated that 70% ot the 60.000 people processed annually into the criminal Justice system Involve substance abuse. either as users/sellers or cornm! ttlng crimes to support their slJhstanr.e abuse haLit.; anrl WIII·:IH:AS. It. Is anticipated t.hat suhstance abuse prevention. i£lt.orvünUon. and treatment programs will reduce the recidivism rate for thl) County, will assist. in effort.s t.o com hat, t.he substance abuse epidemic in thE: County, and will reduce the effect of crime; and WHEREAS, the Comprehensive Analysis of Palm Beach County's criminal justice system recommended the expansion of the Quantity and variety of drug and alcohol treatment slots tor the criminal justIce system and that funding should be provided for Indigent substance abuse treatment; and WHEREAS, the Palm Beach Coun ty CrIminal Justice Commission has formed a drug/alcohol abuse and prevention task force to evaluate the consultants' recommendations and to study and make recommendations to the Palm Beach Board ot County Commissioners as to the best use of these runds for purposes at drug and substance abuse. intervention. prevention, and rehabllitatlon; and WHEREAS, the Palm Beach County Criminal JustIce Commission act! vely supports the passage of the roposed local optlon sales ta.x. . ~OW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSrONERS OF PALM BEACH COUNTY, FLORIDA that, upon passage of . the proposed Local OptIon Sales Tax, approximately 55 mlll10n of the funds pl'esently budgeted tor the Criminal Justice Facilities be . . . ~ ... _' I ,', .f ..; L. I" I W ¡ . /~!;' J I.) ^ J U L' l, \..J ¡) l. ~; 1 (iJ':':": . -) .... ...J '.' , ...,. ",' r ". . , , I reallocated to rund the Palm 8eath' County Sheriff's Drug Rehäbilitation Fum and other substance abuse preventIon. InterventIon. and treatment programs. 1\. is recognized that r.he Ðoard or COllnty Commissioners wlll give appropriate consideration to Fh~ recommendations of the Palm Beach County Criminal Justice CommissIon priol' ro reaJJocating saId funds. The foregoIng resolution was offered by CommIssioner , who moved its adoption. The motion was seconded by Commlssion~l' . and upon being put to a vote. tììe vote was as follows: Karen T. Marcus Carol A. Roberts Carol J. ElmquIst Carole Phillips Ron Howard The Chair thereupon declared the resolutIon duly passed and adopted this of . J 990, .A.PPROVf.D AS TO FORM AND PALM BEACH COUNTY. F'LORtDA LEGAL S¡:FÍ'~lCIEt\CY OY ITS BOARD OF COCNTY COMMISSIONERS JOH~ B. DUNKLE. CLERK . Denise Distel Assistant County Attorney By: Deputy Clerk ~ . - I) _ ... . .