11-13-90 Regular
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - NOVEMBER 13, 1990 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, Comments by the public, Commission discussion and
official action. City Commission meetings are business meetings and as
such, the Commission retains the right to limit discussion on any
issue. In most cases remarks by an individual will be limited to three
minutes or less (10 minutes for a group presentation). The Mayor or
presiding officer may adjust the amount of time allocated at his/her
discretion.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter within
the scope of jurisdiction of the Commission under this section.
The Commission may withhold comment or direct the City Manager to
take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist, and at the discretion of the
Commission, a citizen may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or non-agendaed
items should complete the sign-in sheet located on the right hand end
of the dais. If for some reason you are not able to complete the
sign-in sheet prior to the start of the meeting, you will not be
precluded from addressing the Commission on an appropriate item The
primary purpose of the sign-in sheet is to assist staff with record
keeping. Therefore, when you come up to the podium to make your
comments, kindly complete the sign-in sheet if you have not already
done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step
up to the podium and state, for the record, your name and address. All
comments will be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or
who becomes boisterous while addressing the Commission shall be barred
from speaking further to the Commission by the presiding officer,
unless permission to continue or again address the Commission is
granted by a majority vote of the Commission members present.
Agenda
Meeting of 1l/13/90
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these proceed-
ings, and for" this purpose such persons may need to ensure that a
verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. The City
does not provide or prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Reqular Meeting minutes of October 23, 1990 and
Special Meeting minutes of October 16, 1990.
6. Proclamations:
A. , Golf Day - November 20, 1990
B. 50th Anniversary of National Bible Week - November 18-25,
1990
7. Presentations:
.A. Resolution No. 109-90: A Resolution commending Commissioner
Mary McCarty for her dedicated service as a City Commissioner with
the City of Delray Beach.
B. Fred Sergio, City of Delray Beach employee - Presentation of
framed pictur~eroriginal City Hall.
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8. Consent Agenda:
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\'c VOCATIONAL EDUCATION AGREEMENT: Consider agreement
A. an
between the City and Palm Beach County School Board to provide
vocational education programs for City employees.
B. WAIVER OF CONTRACT PROVISIONS: Approve a request from
Prearrangements, Inc., for waiver of the annual audit as required
by the contract for the marketing and management of the Municipal
Cemetery.
C. ACCEPTANCE OF GRANT FUNDING: Accept grant funding in the
amount of $24,000 for the development of Banker's Rowand estab-
lish an expenditure account.
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Agenda '
Meeting of 11/13/90
D. AUTHORIZATION TO INITIATE LITIGATION: Approve a request from
the City Attorney's Office to initiate litigation against Solo
Construction.
E. AUTHORIZATION TO INCORPORATE CHARTER AMENDMENT IN CITY'S
CHARTER AND ATTENDANT ACTIONS: Authorize incorporation of charter
amendment in City's Charter, codification of charter amendment and
filing with Department of State.
F. FINAL PLAT APPROVAL: Approval of final plat for the Reiske
Subdivision located on the east side of S.E. 7th Avenue between
S.E. 3rd and 4th Streets.
G. WOMEN'S CLUB PARKING LOT: Authorize staff to proceed with
the paving of the Women's Club parking lot.
H. RESOLUTION NO. 110-90: A Resolution rescinding and repealing
Resolution No. 74-90.
I. RESOLUTION NO. 111-90: A Resolution for the acquisition of
property needed for the construction of a new Fire Station No. 1
facility.
J. DESIGNATION OF FUNDING SOURCE: Designate a source of funding
to support the acquisition of property necessary for the construc-
tion of a new Fire Station No. 1 facility.
K. AWARD OF BIDS AND CONTRACTS:
1. Scott Air Paks, Spare Tanks, and Personal Alert Sa fety
System - Fire Department - Safety Equipment Company in the
amount of $41,414 with funding from Fire/EMS Operations
Equipment Other (Account No. 001-2315-526-60.89) . Account
balance $141,800.
2. Bus Rental Services - Parks and Recreation - Dempsaco in
the estimated annual amount of $17,000 with funding from
Parks Athletics Football (Account No. 001-4121-572-33.84)
Account balance $16,500 and Afterschool Program Misc.
(Account No. 001-4121-572-34.11) . Account balance $16,600.
3. Monitor/Defibrillators and Battery Support Systems -
Fire Department - Physio Control Co rp . , in the amount of
$53,220 plus shipping with funding from Account No.
001-2315-526-60.89. Account balance $141,800.
4. Water Meters - Annual Contract - Sunstate Meter and
Supply, Inc. , in an estimated amount of $80,000 with funding
from Account No. 441-5161-536-60.87. Account balance
$80,000.
5. Atlantic Avenue Greenway - Phase II - Aquamatic Sprin-
kler Systems, Inc. , in the amount of $53,190.85 with funding
from Account No. 333-4141-572-61.36. Account balance
$110,000.
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Agenda
Meeting of 11/13/90
9. Reqular Agenda:
A. REVIEW AND ACCEPTANCE OF APPEALABLE ADVISORY BOARD ACTIONS:
Accept actions and decisions made by the Planning and Zoning
Board, Site Plan Review and Appearance Board and the Historic
Preservation Board.
B. APPOINTMENT TO THE SPECIAL ADJUSTMENT ADVISORY BOARD:
Appoint a Commission member to serve on the Special Adjustment
Advisory Board in accordance with the Land Development Regula-
tions.
C. MAJOR SITE PLAN MODIFICATION: Consider a request for site
and development plan modification for The Groves, a proposed 145
unit apartment complex, located south of S.W. 11th Street between
S.W. 8th and 10th Avenue s . Planning and Zoning Board recommends
denial (3-2 vote/two abstaining).
D. LOWSON BOULEVARD TRAFFIC CONCERNS: Consider proposed agree-
ment and recommended actions from the Homeowners' Associations
relative to the Lowson Boulevard traffic issue.
E. REQUEST FOR CONDITIONAL USE APPROVAL: Consider a request for
conditional use approval to establish a Jiffy Lube vehicle lubri-
cation facility on the out parcel of Wal Mart Plaza located on the
west side of Military Trail south of Linton Boulevard.
F. REQUEST FOR WAIVER - CHURCH OF THE PALMS: Consider a request
from the Church of the Palms for . of the sidewalk and
wa1ver
interior landscaping requirements.
G. REQUEST FOR VARIANCE - 1230 SOUTH OCEAN BOULEVARD: Re-
consider and approve a request for a variance to construct a boat
lift at 1230 South Ocean Boulevard 20 feet over the waterway, with
zero setback. City Engineer recommends approval.
H. REQUEST FOR MODIFICATION OF STANDARDS: Consider a request
from the property owner at 933 Gardenia to maintain two dolphin
piles as they were installed.
I. REQUEST FOR TENT PERMIT: Approve a request from Happy
Holidays for a temporary tent permit to erect a tent on property
at 3190 South Federal Highway, from November 14, 1990 to December
31, 1990, for their annual Christmas Tree Sale.
J. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION:
Consider an appeal of a decision made by the Site Plan Review and
Appearance Board regarding a sign for World1s Best Burger located
at N.E. 6th Street and N.E. 6th Avenue.
K. DETERMINATION OF INTENT TO ACCEPT STREET SYSTEM: Consider
declaring intent to accept the street system wi thin the Fairways
of Delray Subdivision as public streets and providing Ci ty main-
tenance for those roadways.
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,Agenda
Meeting of 11/13/90
L. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint a regular
member to the Board of Adjustment to fill the unexpired term of
Anthony Veltri to a term ending August 31, 1992. Seat #3 appoint-
ment. (Deferred from special meeting of November 7th)
M. This item has been removed from the agenda.
N. AUTHORIZATION TO RETAIN OUTSIDE COUNSEL: Authorize the City
Attorney's Office to retain outside counsel to represent the City
in the Montalban litigation.
O. CANAL IN TROPIC PALMS: Consider authorizing staff to clean
the public canal behind Dunlin Road in the Tropic Palms subdivi-
sion.
P. RESOLUTION NO. 108-90: A Resolution amending Resolution No.
46-90 to provide for an extension of the repayment terms of the
Line of Credit from December 31, 1990 to December 31, 1991.
Q. APPROVAL OF CITY ORGANIZATIONAL CHART: Approve the revised
organizational chart for the City of Delray Beach.
R. CITY MANAGER'S EVALUATION AND APPROVAL OF MERIT PAY ADJUST-
MENT:
S. APPOINTMENT TO FILL UNEXPIRED CITY COMMISSION TERM: Appoint
a member to fill the unexpired term of Commissioner Mary McCarty
to a term ending March 28, 1991.
lO. Public Hearings:
A. ORDINANCE NO. 52-90: An Ordinance adopting Amendment 90-1 to
the Comprehensive Plan. Planning and Zoning Board recommends
approval.
B. ORDINANCE NO. 53-90: An Ordinance amending the Code of
Ordinances by repealing sections in Chapter 36 which duplicate the
Consultants Competitive Negotiation Act. City Manager recommends
approval.
C. ORDINANCE NO. 55-90: An Ordinance amending the Land Develop-
ment Regulations by enacting a new section "Adult Entertainment
Establishments", to provide for the existence of adult establish-
ments, as conditional uses, in specific zoning districts. Plan-
ning and Zoning Board recommends approval.
D. ORDINANCE NO. 56-90: An Ordinance amending Section 113.20 of
the City Code to provide that no employee of, or person having an
independent contractual relationship with, the owner of operator
of an alcoholic beverage establishment shall engage in nudity or
partial nudity in any alcoholic beverage establishment.
E. REQUEST FOR WAIVER: Consider a request from United Way to
waive Code Section 118.27 (C) (3) which provides for an annual
registration fee for a charitable organization in the amount of
$300.
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,~genda '
Meeting of 11/13/90
11. Comments and Inquiries on Non-Agenda items from the Public -
Immediately following Public Hearings.
12. First Readings: None.
l3. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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CITY OF DELRAY BEACH, FLORIDA- CITY COMMISSION
REGULAR MEETING - NOVEMBER 13, 1990
COMMISSION CHAMBERS
ADDENDUM NO. 1
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 proceed-
ings, and for this purpose such persons may need to ensure that a
verba tim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. The Ci ty
does not provide or prepeare such record.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.M. CHANGE ORDER NO. 1: Approve Change Order No. 1, in the amount
of $68,628 to the contract between the City and Johnson and Davis, In c. ,
for expanding the scope of work to the S.E. 1st Street Drainage
Impovement project. Funding is to come from the Poposed 91 Bond Issue
($500,000) .
[ITY DF DELRAY BEA[H
.:i 'QON.',;'j '"tA'/:::\JlJE DELRAY BEACH. FLDRIQA 33444 407743~~~OO
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WHEREAS, the sport of golfing involves many of Florida's
special attractive features, including sunshine, open spaces and
, . lush greenery; and,
WHEREAS, golf in Florida represents $1.5 billion in
direct spending and $5 billion in total related industry spending;
. and,
WHEREAS, Florida has more fairway than coastline,
illustrating the widespread enthusiasm for golf among Floridians
and visitors; and,
WHEREAS, the World Cup of Golf will be held in Orlando
from November 20-24, 1990,
j NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
i
i Delray Beach, Florida, do hereby proclaim November 20, 1990, as
1 "GOLF DAY"
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in the City of Delray Beach and urge all golf industry leaders to
~ ! recognize the importance of the golfing industry in our state.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 13th day of November, 1990.
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, MAY 0 R
~ THOMAS E. LYNCH
. SEAL
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CITY DF DELRRY HEREM
"0G 'LW. 1st AVENUE Df: Lrif.>. Y BE::.A,CH ;~ LOR I QA 33444 -F);
:"'
PROCLAMA TIOi\'
WHEREAS, this is a time in history when men and women
are seeking ways to address crucial issues and remedy the con-
, . flicts of our cities, states and our nation; and,
WHEREAS, the Bible, called by President John Adams "the
best book in the world" , has given direction to the citizens and
the leaders of America from its very inception and throughout all
its national history; and,
WHEREAS, for fifty years American business and profes-
sional people, embodying diverse beliefs, have joined the Laymen's
National Bible Association in supporting National Bible Week,
reminding the nation of the Bible's distinctive role in the
chronicles of America's past, present and future; and,
j WHEREAS, this yearly recognition has helped to reinforce
i spiritual awareness throughout America by fostering individual
reading and study of the Bible; and,
,
[ WHEREAS, to assist men and women in understanding the
historic significance and personal value of the Bible, the Lay-
men's National Bible Association has developed nonsectarian
literature and public service advertising for the programs of
- National Bible Week on the theme, "What's Your Excuse? Be fore you
make an excuse to avoid reading the Bibl~top. Take a second
look. It's probably not what you think it is. "
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
~' Delray Beach, Florida, do hereby proclaim the week of November
18-25, 1990, as
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"FIFTIETH ANNIVERSARY OF NATIONAL BIBLE WEEK"
,
in the City of Delray Beach and urge all citizens to join in its
observance by reading the Bible and in other ways seek to discover
the value of the Bible to the existence and heritage of the Uni ted
, States and its significance for all men and women.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 13th day of November, 1990.
MAY 0 R
THOMAS E. LYNCH
SEAL
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RESOLUTION NO. 109-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, COMMENDING RETIRING COMMISSION MEMBER
t. .. MARY McCARTY.
WHEREAS, MARY McCARTY has unselfishly given of her time,
. ability and effort as a Commission Member from March 1987 to November
1990: and,
WHEREAS, MARY McCARTY has provided the City with service
dedicated to the concepts of effective and democratic local government;
and,
WHEREAS, MARY McCARTY has been instrumental in assisting the
i City progress and upgrade services for the general welfare of all
i citizens,
.
j
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
J
! That MARY McCARTY be and she is hereby commended for her
dedicated service and generous efforts to maintain and upgrade the
general welfare of the City of Delray Beach, Florida, as a Commission
~ I Member.
I
Unanimously adopted on this 13th day of November, 1990. I
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I MAY 0 R
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ATTEST:
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City Clerk
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[ITY DF DELIAY BEA[H
100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
MEMORANDUM
TO: Mayor and City Commission
FROM: David T. Harden, City Manager~~
DATE: November 9, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - <aA
NOVEMBER 13, 1990 - TRAINING AGREEMENT
BETWEEN THE SCHOOL BOARD OF PALM BEACH
COUNTY AND THE CITY OF DELRAY BEACH
Item Before The City Commission:
The City Commission is requested to give its approval of an
agreement between the School Board of Palm Beach County and
the City of Delray Beach for Supplemental Vocational Educa-
tional courses for City employees.
Background:
The City has been in contact with the Department of Voca-
tional Technical Education of the Palm Beach County School
Board to provide training opportunities for City employees
in the areas of Adult Basic Education, Clerical Skills,
Customer Service and Supervisory Education and Training.
This training can be provided on site and/or off site (South
Technical). An Agreement to provide these services is
attached for Commission approval.
The cost for this service is thirty cents per hour, per
student or $2.40 for every eight hours of training. The
funding source would come from the various department's
budgets under Travel and Training.
Recommendation:
Staff recommends the approval of this Agreement between the
School Board of Palm Beach County and the City of Delray
Beach.
DTH:JWE:sk
attachment
THE EFFORT ALWAYS MATTERS
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MEMORANDUM OCT 2 4 1990
CITY MANAGER'S OFFICE
TO: David T. Harden, City Manager
FROM: ",,y Marty Ritchason, Director of Human Resources
THRU: John W. Elliott, Jr. , Assistant City Manager/
Support Services
DATE: October 23, 1990
SUBJECT: AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH
COUNTY AND THE CITY OF DELRAY BEACH
The Agreement between the School Board of Palm Beach County
and the City of Delray Beach for Supplemental Vocational
Education courses 1S being submitted for your approval to
provide on-site and/or off-site (South Technical) training
courses for City employees, such as:
Adult Basic Education
Clerical Skills
Customer Service
Supervisory Education and Training
and other additional on-site training courses that we
request which the School Board would customize to our
individual need.
Attached is a letter dated October 30, 1987 from the School
Board informing the City of the Industry Services Training
Program (ISTP) which initiated our involvement.
If further information is necessary please do not hesitate
in contacting me again.
VOCED.DOC/nj
AGREEMENT
BETWEEN ~
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THE SCHOOL BOARD OF PALM BEACH COUNTY .
AND
CITY OF DELRAY BEACH
FOR
VOCATIONAL EDUCATION PROGRAMS
This agreement is entered into between the City of Delray Beach
hereinafter referred to as the " AGENCY" , and The School Board of
Palm Beach County hereinafter referred to as the "PROVIDER" which
are the parties hereto. For and in consideration of the mutual
covenants contained herein, the sufficiency of which the parties
acknowledge, the parties to this agreement agree as follows:
I.
Scope of Services
The PROVIDER will provide vocational education programs for
students of the AGENCY.
II.
The PROVIDER Agrees to:
A. Provide a liaison for all vocational education activities
between the PROVIDER and the AGENCY.
B. Provide qualified and certified vocational instructors for
each course. Addendum B is hereby incorporated as
part of the agreement.
C. Whenever possible provide a qualified substitute instructor
in the case of absence of the regularly assigned vocational
instructor.
D. Require instructors to assume instructional responsibility for
students in their classes.
E. Share the achievement records of the assigned students in the
courses with the AGENCY.
F. Provide and prepare an instructional schedule for teachers and
students which will conform to the needs of both the PROVIDER
and the AGENCY.
G. Not discriminate against any students or employees because of
race, color, religion, sex, national origin, marital status,
or handicap.
H. Submit any vocational education reports as required by the
Florida Department of Education.
III.
The AGENCY Agrees to:
A. Provide a liaison to coordinate and supervise vocational
education activities between the PROVIDER and the AGENCY.
B. Provide the minimum number of eligible students to achieve and
maintain the required membership for each course as designated
by the PROVIDER.
C. Provide agency orientation for the PROVIDER'S vocational
instructional staff.
,
D. Provide proper and adequate facilities and standard utilities
including water, lights, phones, heating, and air conditioning
for all classes.
E. Provide needed A/V equipment, copier services, student
materials, consumables, laboratory materials, and textbooks
as requested by the PROVIDER.
F. Provide janitorial and maintenance services for all AGENCY
based classroom and shop/lab facilities.
G. Provide staff and support services for timely, appropriate and
adequate screening, counseling, and follow-up services to
students.
H. Provide and maintain adequate library services and clerical
support for the vocational education program staff.
I. Provide for the safety of all instructors.
J. Provide any vocational education reports needed by the
PROVIDER and as required by law.
IV.
Both Parties Agree That:
A. Responsibility for day-to-day coordination and supervision of
the vocational education program shall be vested in the
AGENCY'S liaison of education.
B. The AGENCY'S liaison of education may participate with the
PROVIDER in recommending instructional personnel.
C. Through their designated representatives, both parties shall
collaborate in the development of policies and operational
procedures for the efficient management and operation of the
vocational education programs.
D. The performance of obligations hereunder shall be in
accordance with all applicable laws, rules, and regulations
now or hereinafter in effect.
E. This agreement will be governed and construed in accordance
with the laws of the State of Florida.
F. No amendment to this agreement shall be valid or enforceable
unless submitted in writing and executed by duly authorized
representatives of both parties executing and entering into
this agreement.
G. PROVIDER is an agency or subdivision of the State. Notwith-
standing anything to the contrary contained herein, the total
liability of PROVIDER under this agreement for negligent acts
or omissions of PROVIDER, its agents and employees shall be
subject to the limitations and procedures set forth in Section
768.28, Florida Statutes.
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.
Martv Ritchason is designated AGENCY liaison of
education and is responsible for enforcing performance of this
agreement's terms and conditions and shall serve as a liaison with
the specialist of the PROVIDER, and shall approve all invoices
prior to payment. The AGENCY liaison of education will also be
required to meet with the PROVIDER at least once during the
agreement period to review the services rendered. This agreement
shall be effective Ju1v 1 , 1990, and shall remain
in effect through June 30. 1991 . Should one party fail
to conform to all material conditions provided herein, the other
party may, at its option, cancel this agreement upon 30 days
written notice.
Dated this day of , 19
CITY OF DELRAY BEACH
Agency The School Board of pala Beach
County, Plorida
By By Lynda M. Johnston, Chairman
Agency Administrator
(SEAL)
Attest Attest
Thoma. J. Mill.
Superintendent
Approved \
Scho
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Addendum B
SCHOOL BOARD SUPPLIED INSTRUCTION
PART-TIME PROGRAMS
AGENCIES requiring a School Board instructor to provide classroom
training will agree to:
1- Provide matriculation fees to the PROVIDER of 30 cents per
hour for Florida residents and 60 cents per hour for non-
residents.
,
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October 30, 1987
.
Mr. Marty Buben, Personnel Director
City of Delray Beach
100 N. W. 1 Avenue
Delray Beach, Florida 33___
Dear Mr. Buben:
The Department of Vooational Technical Eduoation ot The Palm
Beach County School Board la worklnl to broaden traInInl oppor-
tunities for employees in the county's diverse busin~s8, industry
and governmental agenoies.
The Industry Services Training Program (ISTP) is the main thrust
of this effort. ISTP has the means to successfully implement
high quality training programs, on-site or at school facilities, I
geared to the individual needs of each of the agencies that we
serve. The ultimate goal is to equip the City of Delray Beach's
work force with the skills it needs to reinforce quality
performance through cost effective measures.
These training programs are~vallable in a host of occupational I"j
I
areas including high technology, office/clerical, supervisory, I
maintenance, auto mechanics, and custodial to name a few.
3 Because this program is tax supported, the cost to you is only
~~ cents per hour for each 8tudent.
.
Staff members from qur tpree Vocational-Technical Schools, North
South, and West Technical Education Centers, as well a8 a staff ,
member in my office, are prepared to assist you with your training ""
needs. . I
i
Please call Lourdes :Ferris at 655-8~07 for additional information j
on how ISTP can work tor you.
. .. "
Sincerely,
,
I
Dr. Ka Gildan, Director
Vocational-Technical EducatIon
KYG:bp
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #1?t3 - MEETING OF NOVEMBER 13, 1990
REQUEST FOR WAIVER OF CONTRACT PROVISIONS
DATE: November 8, 1990
The City has received a request from Prearrangements of Delray,
Inc., for a waiver of the annual financial audit required by
Section 3 of the contract between Prearrangements of Delray, Inc.
and the City of Delray Beach relative to the marketing and
management of the municipal cemetery.
Because sales have been off, and they have lost monies,
Prearrangements feels that the money which would have to be spent
for an external audit would be better utilized for construction
of the mausoleum. The City's Finance Department has conducted a
review of Prearrangements' current accounting practices with
their CPA firm, Swank and Morrison, and has recommended that the
Finance Department, in lieu of an external audit for this year,
review quarterly reports of information submitted by
Prearrangements to Swank and Morrison.
Recommend approval of the request for waiver of financial audit
and that, in lieu thereof, the Finance Department conduct reviews
of the quarterly reports submitted by Swank and Morrison.
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Agenda I tern No.:
AGENDA REQUEST
Date: November 5. 1990
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: November 13. 1990
Description of agenda item (who, what, where, how much.) : Waiver of
annual financial audit bv Prearran~ements of De1ray, Inc. with Finance Department
pPTforming qnarterly reviews.
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation:
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Department Head Signature: \\~ ~)&L
fA
Determination of Consistency wi . Comprehensive Plan:
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City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on'all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: dfi;, NO ;7JVl
Hold Until:
Agenda Coordinator Review:
i Received: KPi:pivpn~
: Action: App.ro_ved~D.i s approved:, ~.: l' rr:,"J ,:';1 II} i EC':l=':P!::':>'!f?d
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: WAIVER OF FINANCIAL AUDIT
DATE: November 5, 1990
Per our previous meeting, attached is a synopsis of the review
of the accounting practice of Prearrangements of Delray, Inc.
and their accounting firm of Swank and Morrison by our Finance
Department. As you know, Russ Yeager of Prearrangements of
Delray, Inc. requested that the yearly audit required by Section.
3. of the agreement be waived this year because they have lost
money and instead of spending $8,000 to $10,000 for an audit
they hope to put this amount toward the construction of the
mausoleum. Further they feel that their accounting firm of
Swank and Morrison does a detailed accounting of their revenues
and expenses of which we receive quarterly reports. At our
previous meeting it was decided that Barbara Schooler of the
Finance Department was to ~eview these procedures with Swank and
Morrison. Per her attached memo, Mrs. Schooler feels the
information is comprehensive and in lieu of an external audit
this year the Finance Department verify the quarterly reports
of Swank and Morrison.
I request this be put on City Commission agenda November 13,
1990 for Commission approval.
Please review and advise.
\.-0 ~ J ~~J
Joe Meldon
Direutor of Parks and Recreation
JW: jmh
REF:JW247.DOC
Attachment
cc: Jeff Kurtz, City Attorney
Joseph M. Safford,' Finance Director
Barbara Schooler, Financial Management Analyst
,
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MEMORANDUM -,
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TO: Joe Weldon
Director of Parks and Recreation
FROM: ~? Barbara Schooler
Financial Management Analyst
THRU: ct-
Joseph M. Safford
Director of Finance
SUBJECT: Cemetery Review
DATE: October 22, 1990
Per your request, I reviewed a set of workpapers that are submitted on a
monthly basis to Swank and Morrison, the Certified Public Accountant firm
hired by Prearrangements of Delray, Inc. (see attached for list).
The company's financial system is manual. Their receivables are set up on
a peg board system, whereby the general ledger, subsidiary ledger and
customer receipts are all recorded at the same time. The disbursement
journal is their checkbook which is balanced to the operating bank
statement monthly.
I spoke to Mr. Steve Swank of Swank and Morrison. One of the things we
discussed is what would constitute an audit. He stated that in addition to
what he is currently doing, (1. e. , verifying the company's commission
report to the City, preparing quarterly reports, a balance sheet and income
statements) he would send out confirmations to banks, customers, vendors,
etc. He would also be reviewing internal controls and individual
transactions. In the case of a small firm such as Prearrangements of
Delray, Inc., because there is so little internal control, he would have to
do a greater test of individual transactions.
For our own information, I did a test on some individual transactions. Out
of the 30 receivable transactions for August 1990, I randomly selected ten
in order to compare to individual ledger cards. In all cases, the date.
the amount collected and the balances were identical on both general ledger
and subsidiary ledger (see attached).
I reviewed some aspects of the balance sheet with Mr. Swank. Mr. Swank
considers the excess of liabilities over assets that was inherited from
Total Prearrangements, Inc. an "other asset". As he explained, if
Prearrangements, Inc. was forced to pay all the liabilities at the time
they took over, it would have been out-of-pocket. Therefore, the money
saved is an asset.
. .
Joe Weldon; Director of Parks and Recreation
October 22, 1990
Page Two
On the liability side, the "due to construction and merchandise accounts"
are the total contract amounts minus what has already been deposited. To
determine the accuracy of the numbers, we would need to look at new
contracts, etc. This can be easily done.
I reviewed the income statement by comparing the report to the worksheets
that we receive from Prearrangements of Delray, Inc.- Once again, unless we
receive contracts it is difficult to compare exactly; however, I came
close.
It appears that Prearrangements of Delray, Inc. has attempted to comply
with the contract. They have funded both escrow funds per Ernst and
Young's review and they continue to do so weekly. A report is submitted to
the City with a check for our commissions. This rep~rt is reviewed by both
Steve Swank and myself.
The information provided to Swank and Morrison is comprehensive. The
Certified Public Accountant firm has been very cooperative and seems very
willing to answer any questions posed to them.
RECOMMENDATIONS:
Since sale~ have been so low, in l:teuof an exte'rnal ~audi't for 'this year,
it is recommended that r'the" Fina:nce-qDepariment" 'follow up on; Swank 'aria: l .
Morrison's quarterly reports by obtaining the information needed to verify
sales, expenses, etc.
A complete external audit should be conducted at the end of the second
year.
BS/slh
Attachments
cc: Joseph M. Safford, Director of Finance
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.' . Prearrangements of Delray, Inc.
AGENT FOR DELRAY BEACH MUNICIPAL CEMETERY
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September 13, 1990
Mr. Joe Weldon
Director of Parks & Recreation
1 00 NfIJ 1 st Avenue
Delray Beach, Florida 33444
Do?..ar Joe,
This letter will confirm our meeting yeste>.rday 9/12/90 concerning
an armual audit.
Delray :Reach City Office's currently receive a \~ekly report by
Prearrangements which recaps current sales and collections. 'Ibis
report tracks every permy received by this company. In addition
you receive an accountant's compilation fran Morrison t( Swank, a
Delray Beach CP.rtified Public Accountant. 'Ibis canpilation audits
the weekly report prepared by us.
The City Finance Department, Ms. Barbara Schooler, audits both our
report and the accountants. 'Ibis in essence gives us three separate
entities checking this financial infonnation.
Our feeling is a review letter from Morrison & Swank spelling out
our losses for the period May 19, 1989 to July 31, 1990 coupled
with the accountant's compilation for the same .period would eliminate
the necessity for a certified audit. Prearrangements of Delray is
not in a financial position to spend approximately $8000.00 to
$10,000.00 to receive certified knowledge of our losses this past
year. We \'lOuld prefer to apply this aIrount of cal?itol towarns the
consb.:uction cosb of tL'1e ma.usoleum.
Joe, I would like to point out the follO\'ling cal?itol investments in
PrE>;rrrangements:
Periorl: Total $ aIrount invested:
thru 4/30/90 42,000.00
thru 7/31/90 58,000.00
In other words, as of July 31, 1990 we have invested $58,000.00 of
our ovm money in order to keep this business operating.
Newton Construction indicates a small portion of the mausoleum could
be constructed for $75,000.00 (approx.). This would have over one
hundred crypts and ninety six niches. This would be the first phase
of a three phase construction program.
110 East Atlantic Avenue. Suite 114 . Delray Beach, Florida 33444 . (407) 276-6601
D'
.,,~ Prearrangements' of Delray, Inc. - ~ ~ ,
AGENT FOR DELRAY BEACH MUNICIPAL CEMEfERY
We feel as you do, that once constnlction begins, sales Rnoulc'i
pick up. Unfortunately t.'1ere are no guarantees that this will happe>n.
We have instructed Morrison & SWank to prepare a review letter
showing our accumulated. losses through 7/31/90. This snould l)e
available next week. After you receive this letter Let '.s discuss
this ma.tter.
Sa~erelY' r
/ ua-
is Y ger
RY: ih
c.c. steve. Swank k.
Barbara Schooler
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110 East Atlantic Avenue · Suite 114 . Delray Beach, Horida 33444 . (407) 276-6601
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER M
SUBJECT: AGENDA ITEM # ~~ - MEETING OF NOVEMBER 13, 1990
ACCEPTANCE OF GRANT FUNDING
DATE: November 8, 1990
This item is before you for formal acceptance of a grant award
and the establishment of an expenditure account for its adminis-
tration. The project involved is Banker's Row which involves the
properties on either side of N. E. 1st Avenue, between N. E. 2nd
and 3rd Streets, in a combination of historic preservation,
neighborhood stabilization and revitalization efforts.
The grant is in the amount of $24,000.00 and is on a 50/50 match
basis. Matching funds will be transferred to the project account
from previously approved Planning and Zoning Department budget
allocations (mainly salaries); in addition, a portion of the City
share can be provided through in-kind services.
Acceptance of the grant and implementation of the program is
consistent with the Comprehensive Plan via the undertaking of
programs for historic preservation and by encouraging mixed use
development in this portion of the Pineapple Grove community.
Recommend acceptance of the grant award in the amount of
$24,000.00, the establishment of expense account
#001-2511-51-34.78 for Banker's Rowand approval of the Grant
Award Agreement.
C I T Y COMMISSION DOCUMENTATION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
~j~~
FROM: :0 ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 13, 1990
ACCEPTANCE OF GRANT - BANKER'S ROW
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
acceptinq a qrant award and establishinq an expenditure
account for its administration.
The project is Banker's Row. It involves the properties on
either side of NW 1st Avenue (Banker's Row) between 2nd and
3rd Streets.
BACKGROUND:
In June, 1990, the City submitted a grant request to the State
Historic Preservation Advisory Council for the purpose of funding
a very precise action plan for what is known as Banker's Row. We
were ranked 28th out of 54 applications and received 100%
funding. A winning aspect of our application was that it is very
innovative and combines historic preservation and neighbhorhood
stablization and revitalization efforts together.
The grant is on a 50/50 match basis. A portion of the City share
can be provided through in-kind services. The grant is in the
amount of $24,000. Our matching funds will be transfered to the
project from previously approved departmental budget allocations
(mainly salaries). This project will consume 1/3rd of the annual
work program of a Planner II (Neighborhood Planner). The project
will begin in the Spring.
Project components include:
* Building inventory
* Preparation of detailed survey
* Completion of historic survey
* Creation of rehabilitation schematics (for
neighborhood, lots, and buildings)
* Preparation of a neighborhood functional plan; and
* Professional services for neighborhood meetings and
expert advice
* Admendment to the City's Comprehensive Plan
City Commission Documentation
Acceptance of Grant - Banker's Row
Page 2
COMPLIANCE WITH THE COMPREHENSIVE PLAN
Accepting the grant and implementation of the program is
consistent with the Comprehensive Plan by virtue of undertaking
programs for historic preservation; and, by virtue of encouraging
mixed use development in this portion of the Pineapple Grove
community.
RECOMMENDED ACTION:
By motion, acceptance of the grant award and establishment of
expenses account 001-2511-51-34-78 for Banker's Row.
Attachment:
* Grant agreement
REF/DJK#74/CCBANKER.TXT
Historic Preservation Grant Award Agreement
A G R E E M E N T
This AGREEMENT drawn at Tallahassee, Florida by and between
the state of Florida, Department of state, Division of Historical
Resources, hereinafter referred to as the Department, and the
City of Delray Beach, hereinafter referred to as the Grantee,
relative to the Banker's Row Project, hereinafter referred to as
the Project, is entered into this day of
, 1990 and ends September 30, 1991.
WHEREAS, the Department is responsible for the
administration of grant-in-aid assistance for historic
preservation purposes under the provisions of section 267.0617,
Florida statutes, and
WHEREAS, the Grantee has applied for grant-in-aid assistance
for the Project, and
WHEREAS, the said application has been reviewed and approved
in accordance with Chapter lA-35, Florida Administrative Code,
which regulates Historic Preservation Grants-in-Ai1t. and
WHEREAS, grant-in-aid funds in the amount of twenty-four
thousand dollars ($24,000.00) have been reserved for the Project
by the Department;
WITNESSETH, that in consideration of the mu~Ual covenants
herein contained, the Department and the Grantee1hereby agree as
follows:
I. The Project, as approved for grant assistance, shall
include the following authorized project work:
A. Building inventory;
B. Preparation of survey map;
C. Completion of historical survey;
D. Development of rehabilitation schematics;
E. Preparation of neighborhood functional plan; and
F. Consultation for neighborhood meetings and
comprehensive plan development.
II. The Grantee agrees to administer the Project in accordance
with the General and Special Conditions Governing Grants
and the Administrative Instructions for Historic
Preservation Project Accountability attached hereto as
Attachment "A", and Chapter lA-35, Florida Administrative
Code, and the following specific conditions:
A. The Grantee agrees to complete the Project by
September 30, 1991 and submit a Project Completion
Report as specified in Attachment "A", Part II, sub-
paragraph B.l.c., within 30 days of completion of
project work. No costs incurred prior to the effective
date of this Agreement are eligible for reimbursement
from grant funds. No costs incurred after the above
project work completion date will be eligible for
reimbursement unless specifically authorized by the
Department before the cost is incurred. No costs
incurred after the Project Completion Report is
approved by the Department are eligible for reimburse-
ment.
B. The Grantee shall be responsible for all work
performed and all expenses incurred in connection with
the Project. The Grantee understands and agrees that
any work performed or expenses incurred on the Project
is undertaken at the sole risk of the Grantee.
Neither the Department nor the State of Florida shall
be financially liable for any expenses incurred in
connection with the Project by the Grantee or its
professional consultants, contractors, or agents.
C. The Grantee shall submit complete bid documents,
including plans and specifications, to the Department
for review and approval prior to the execution of any
contract for construction work.
D. The Grantee shall submit any and all proposed contracts
for the procurement of goods and/or services relating
to the Project, and all proposed contract change orders
or amendments for review and approval by the Department
prior to the final execution of said contracts and
contract change orders or amendments; but said review
and approval shall not be construed as imposition upon
or acceptance by the Department of financial liability
in connection with said contracts or contract change
orders.
E. The Grantee shall coordinate consultation between its
professional consultants and appropriate Department
staff representatives as necessary to assure mutual
understanding of and agreement on the objectives,
requirements, and limitations of the Project in
relation to the state historic preservation program.
F. The Grantee hereby agrees to indemnify and hold the
Department harmless from any and all claims or demand
for any personal injury or property damage resulting
or occurring in connection with any activities
conducted under this Agreement and shall investigate
all claims of every nature at its expense.
G. The Department reserves the right to cancel this
Agreement unilaterally in the event that the Grantee
refuses to allow public access to all documents or
other materials subject to the provisions of Chapter
119, Florida statutes, and made or received by the
Grantee in conjunction with this Agreement.
H. Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a
proper preaudit and postaudit thereof and bills for any
travel expenses shall be submitted and paid in accord-
ance with section 112.061, Florida statutes.
I. The Grantee recognizes that the State of Florida, by
virtue of its sovereignty, is not required to pay any
taxes on the services and/or goods or equipment
purchased as an incident to such service.
J. The State of Florida's performance and obligation to
pay under this contract are contingent upon an annual
appropriation by the Legislature, and the availability
of such funds.
K. All project work must be in compliance with the
Secretary of the Interior's Standards for
Rehabilitation.
L. In addition to the terms detailed in this Grant Award
Agreement, all Federal requirements governing grants
(Office of Management and Budget Circulars A-2l or A-
87, A-102 or A-llO, and A-128) are applicable.
M. The Grantee is required to comply with the Single
Audit Act of 1984 for State or local governments or
the audit requirements of Office of Management and
Budget Circular A-1l0 for universities and nonprofit
organizations.
III. The Department agrees to reimburse the Grantee, contingent
upon availability of grant funds, and upon receipt and
verification of the Grantee's request and documentation,
for 50% of the allowable project costs pursuant to and as
defined in Attachment "A", of authorized project work as
defined in Section I above, up to a maximum reimbursement
of twenty-four thousand dollars ($24,000.00) or the amount
of actual cash expended by the Grantee for project work,
whichever is less. Reimbursement shall be made upon request
for the completion of authorized project work or components
thereof. Reimbursement for project costs will also be
contingent upon all authorized project work being in
compliance with the aforementioned Secretary of the
Interior's Standards. The Department further agrees to the
following conditions:
A. The Department shall review and approve as to form and
content all proposed contracts of the Grantee for the
procurement of goods and/or services relating to the
project work and all proposed contract change orders
or amendments prior to final execution of said
contracts, change orders or amendments, but said review
and approval shall not be construed as acceptance by or
imposition upon the Department of any financial
liability in connection with said contracts.
B. The Department shall review and approve detailed
plans, specifications, and other bid documents
for construction work relating to the Project prior
to the execution of any contract for such work; review
and comment on all preliminary reports and recommenda-
tions; and confer with the Grantee and its professional
consultants as necessary throughout the course of the
Project, to assure compliance with the objectives,
requirements and limitations of the state historic
preservation program.
C. It is recommended that any articles which are the
subject of, or required to carry out, this Agreement
should be purchased from the corporation identified
under Chapter 946, Florida Statutes, in the same
manner and under the procedures set forth in Section
946.515(2) and ( 4 ) , Florida Statutes; and for the
purposes of this Agreement the person, firm, or
other business entity carrying out the provisions
of this Agreement shall be deemed to be substituted for
this Agency insofar as dealing with such corporation.
IV. This instrument embodies the whole Agreement of
the parties. There are no provisions, terms, conditions,
or obligations other than those contained herein; and this
Agreement shall supersede all previous communications,
representations or agreements, either verbal or written,
between the parties hereto. No change or addition to this
Agreement shall be effective unless in writing and
properly executed by the parties.
V. Any provision of this Agreement in violation of the laws
of the state of Florida shall be ineffective to the extent
of such violation, without invalidating the remaining
provisions of this Agreement.
VI. The following provisions shall apply for the voluntary and
involuntary suspension or termination of the grant by
either the Department or the Grantee:
A. Suspension. Suspension is action taken by the
Department which temporarily withdraws or limits the
Grantee's authority to utilize grant assistance
pending corrective action by the Grantee as specified
by the Department or pending a decision by the
Department to terminate the grant.
1. Notification. When the Grantee has materially
failed to comply with the terms and conditions of
the grant, the Department may suspend the grant
after giving the Grantee reasonable notice
(usually 30 calendar days) and an opportunity to
show cause why the grant should not be suspended.
The notice of the suspension will detail the
reasons for the suspension, any corrective action
required of the Grantee, and the effective date
of the suspension.
2. Commitments. No commitments of funds incurred by
the Grantee during the period of suspension will
be allowed under the suspended grant, unless the
Department expressly authorizes them in the notice
of suspension or an amendment to it. Necessary
and otherwise allowable costs which the Grantee
could not reasonably avoid during the suspension
period will be allowed if they result from charges
properly incurred by the Grantee before the
effective date of the suspension, and not in
anticipation of suspension or termination. At the
discretion of the Department, third party
contributions applicable to the suspension period
may be allowed in satisfaction of matching share
requirements.
3. Adjustments to payments. Appropriate adjustments
to the payments submitted after the effective date
of suspension under the suspended grant will be
made either by withholding the payments or by not
allowing the Grantee credit for disbursements made
in payment of unauthorized costs incurred during
the suspension period.
4. Suspension period. Suspensions will remain in
effect until the Grantee has taken corrective
action to the satisfaction of the Department or
given written evidence satisfactory to the
Department that corrective action will be taken,
or until the Department terminates the grant.
B. Termination. Termination is the cancellation of grant
assistance, in whole or in part, under a grant or
project at any time prior to the date of completion.
1. Termination for cause. The Department may
terminate the grant in whole or in part, at any
time before the date of completion, whenever it is
determined that the Grantee has failed to comply
with the terms and conditions of the grant. The
Department will promptly notify the Grantee in
writing of the termination and the reasons for the
termination, together with the effective date. In
the event that the funds are not used for the
purpose for which intended by the grant, or if it
is later determined that the project failed to
meet grant qualification requirements, then,
at the option of the Department, any portion of
the grant previously advanced shall be repaid to
the Department.
2. Termination for convenience. The Department or
the Grantee may terminate the grant in whole or in
part when both parties agree that the continuation
of the Project would not produce beneficial
results commensurate with the further expenditure
of funds. The two parties will agree upon the
termination conditions, including the effective
date, and in the case of partial terminations, the
portion to be terminated.
3. Termination by Grantee. The Grantee may
unilaterally cancel the grant at any time prior to
the first payment on the grant although the
Department must be notified in writing. Once
initiated, no grant shall be terminated by the
Grantee prior to satisfactory completion without
approval of the Department. After the initial
payment, the Project may be terminated, modified,
or amended by the Grantee only by mutual agreement
of the Grantee and the Department. Request for
termination prior to completion must fully explain
the reasons for the action and detail the proposed
disposition of the uncompleted work.
4. Commitments. When a grant is terminated, the
Grantee will not incur new obligations for the
terminated portion after the effective date of
termination. The Grantee will cancel as many
outstanding obligations as possible. The
Department will allow full credit to the Grantee
for the Department's share of the noncancelable
obligations properly incurred by the Grantee prior
to termination. Costs incurred after the effective
date of the termination will be disallowed.
. .
IN WITNESS WHEREOF, the Department and the Grantee have read
this Agreement and the Attachment hereto and have affixed their
signatures:
WITNESSES: DEPARTMENT OF STATE
GEORGE W. PERCY
Director, Division of
Historical Resources
SUZANNE P. WALKER
Chief, Bureau of Historic
Preservation
Division of Historical
Resources
CITY OF DELRAY BEACH
THOMAS LYNCH
Mayor
[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 310 S.F. 1 5t STREET, SlIlTE 4 . DELRA Y BEACH, FLORIDA 33483
407/243-7090. TELECOPIER 407/278-4755
MEMORANDUM
Date: November 9, 1990
To: City Cormnission
From: Jeffrey S. Kurtz, City Attorney
Subject: Initiation of Litigation Against Solo Construction
Corporation
Solo Construction Corporation was the firm that installed our
36-inch water main extension from the golf course wells. The
Director of Environmental Services believes that there was
negligent installation of portions of that water main line
which will result in the City having to expend in excess of
$20,000 to make repairs. Both Solo Construction and their
bonding company have denied our claim against them and it is
therefore requested that the City Cormnission authorize the City
Attorney's Office to retain the firm of Damsel & Gelston and
initiate litigation to secure our damages. Funds for the
retention of Damsel & Gelston are available in the City
Attorney's outside counsel line item of the budget.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK:sh
cc: David Harden, City Manager
William Greenwood, Director of Environmental Services
<?;1)
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # <l S - MEETING OF NOVEMBER 13, 1990
AUTHORIZATION TO INCORPORATE CHARTER AMENDMENT IN
CITY'S CHARTER AND ATTENDANT ACTIONS
DATE: November 8, 1990
Recommend approval of the direction outlined in the Assistant
City Attorney's memorandum of November 8, 1990, as follows:
(1) By motion, direct the incorporation of the Charter
Amendment, as approved by a majority of the electors
voting upon the question in the November 6, 1990,
Referendum Election, into the Charter of the City of
Delray Beach; and,
(2 ) Direct the City Clerk to ensure that American Legal
Publishing revises the Charter to include the Charter
Amendment; and,
( 3) Direct the City Clerk to file the revised Charter with
the Department of State, at which time the revised
Charter shall take effect.
.
[IT' DF DELIA' HEAEM
CITY ATTORNEY'S OFFICE 310 S.L. 1st STRFET, SUITE 4. DELRAY BEACH. 1 LORlDA 3341\3
407/243-7090 . TELFCOPIER 407/27B-4755
MEMORANDUM
Date: November 8, 1990
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Charter Amendment - Ordinance No. 37-90
Florida Statutes Section 166.031(2) requires that the governing
body, upon adoption of a Charter Amendment, shall direct that
the Charter Amendment be incorporated into the Charter and
shall file the revised Charter with the Department of State, at
which time the revised Charter shall take effect.
The City Commission should therefore, by motion and vote,
direct the City Clerk to ensure that American Legal Publishing
revises the Charter to include the Charter Amendment and to
also direct the City Clerk to file the revised Charter with the
Department of State.
By copy of this memorandum to the City Clerk's office, please
:~matter on the consent agenda for November 13, 1990.
cc David Harden, City Manager
Alison MacGregor Hardy, City Clerk
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJ111
SUBJECT: AGENDA ITEM * <6 F - MEETING OF NOVEMBER 13, 1990
FINAL PLAT APPROVAL - REISKE SUBDIVISION
DATE: November 8, 1990
The action requested of the City Commission is that of approval
of a final plat for the Reiske Subdivision, which involves the
creation of a three lot subdivision. It is located on the east
side of S.E. 7th Avenue, just north of S.E. 4th Street (along the
Intracoastal Waterway).
This property was previously before the City Commission for
action relative to sidewalk and right-of-way waivers, and the
method of meeting water main upgrading requirements. These
matters were resolved by the Commission at the meeting of
September 25, 1990, and the final plat has now been properly
prepared pursuant to the Land Development Regulations.
The Planning and Zoning Bo ard previously reviewed this item
through approval of the preliminary plat subject to conditions.
Wi th the satisfaction of conditions, it is recommended that the
City Commission approve the final plat for the Reiske
Subdivision.
crT Y COM MIS S r 0 N DOC U MEN TAT r 0 N
TO: QR:;jEt:~INISTRATIVE ASSISTANT III
FROM: vrD J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF November 13, 1990
CONSIDERATION OF THE FINAL PLAT FOR THE REISKE
SUBDIVISION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of1final plat.
The action is being taken under the LDR development
regulations.
The project involves the creation of three lots. It is
located on S.E. 7th Avenue, just north of 4th Street (along
the Intracoastal Waterway).
BACKGROUND:
This project was before the City Commission previously when you
considered Planning and zoning Board recommendations relative to
sidewalk waivers, right-of-way waivers, and the method of meeting
water main upgrading requirements.
With the resolution of those matters, the final plat has been
properly prepared pursuant to the new LDRs.
There is an existing house on the property. It may be
demolished. Demolition and/or retention is a separate matter
which is before the Historic Preservation Board.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board previously reviewed this item
through approval of the preliminary plat subject to conditions.
RECOMMENDED ACTION:
By motion, approval of the Reiske Final Plat.
Attachment:
* Cover sheet from the P&Z Report re the Preliminary Plat
* Reduction of the final plat, as submitted
.
::JLANN'I NG 8- ZONING BOARD STAFF REPORT
- -- - --
=:ITY OF OELRAY BEACH
MEET rNG o=ITE: SEPTEMBER 17, 1990
AG~ ITEM: IV. A
CONSIDERATION OF A PRELIMINARY PLAT FRO THE REIKSE SUBDIVISION LOCATED ON THE
ITEM : EAST SIDE OF S.E. 7TH A VENUE, BETWEEN S.E. URD STREET AND S.E. 4TH STREET.
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GENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Da v i d H. Reikse, Jr.
Applicant........ ...............Same as above
Location............ ............East side of S.E. 7th Avenue,
between S.E. 3rd Street and S.E.
4 th Street.
Property Size................... 0.869 Acres
City Land Use Plan..............Low Density 0-5 units/acre
Existing Zoning.................R-lAA (Single-Family Dwelling
District)
Proposed Zoning (LDR's).. .......R-lAA
Historic District...............Marina Historic District
Adjacent Zoning.................North, south and west of the
subject property are zoned R-lAA.
East is the Intracoastal
Waterway.
Exlsting Land Use...............A single-family dwelling
Proposed Land Use... ............Subdivide the subject property
into three lots.
Water Service... ................An existing 2" water main is
located along the east side of
S.E. 7th Avenue.
Sewer Service..... ..............An existing sewer main is located ITEM: IV.A
along S.E. 7th Avenue.
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p - - -Z-"...... - ': . NORTH HAlF BLOCK 128
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"L: I SOUTH 1 / It CORNER
. 'SOUTH UNE BLOCK 128 --1 SECTION 1 6-46-4J
, - - - WITHIN INTRACOASTAl. WATERWA
,"-:~'- 150.60'
b
SE 4TH STREIT f ~ I ,:,' [><J
SOVTH UNE SECTION 16-46-43
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ttJ1;1
SUBJECT: AGENDA ITEM =It 8 (f - MEETING OF NOVEMBER 13, 1990
WOMEN'S CLUB PARKING LOT PAVING
DATE: November 8, 1990
The City Commission is requested to authorize staff to proceed
with the paving of the Women's Club parking lot. The project
includes the resurfacing of approximately 147 tons of asphalt,
leveling of low areas, and filling in potholes. Since your last
meeting, staff has contacted Pavex Corporation, the company
awarded our FY 91 Street Resurfacing Project. They have agreed
to do this work at approximately $38.00 a ton, which is approxi-
mately $4.00 a ton higher than the resurfacing bid. Total
estimated project cost is $6,000. The Women's Club will con-
tribute $2,500 to the cost of the project; the balance of $3,500
will be paid by the City. Funding is available from Account No.
334-3162-541-60.53 FY 91 Resurfacing Fund, account balance
$19,290.
Staff recommends award of the resurfacing project at the Women's
Club to Pavex Corporation.
. ,. .
T A 8 U l A T ION o F BID S
BID . 90-96
October 05, 1990 1991 STREET RESURFACING
Pavex Hardrives of Weekley Asphalt Couaunity
ITEM 0 ESCRIPTION OTY. Corporation Delray, Inc. Paving Inc. Asphalt Corp.
-'
1. A SPHAlT CONCRETE 33.95 ton 34.70 ton 36.00 ton 36.50 ton
TYPE S-3 FOR STREETS 6200 TON 210,490.00 215,140.00 223,200.00 226,300.00
2. ~DJUSTING MANHOLE 120.00 each 90.00 each 125.00 each 125.00 each
RAME & COVER SO EACH 6,000.00 4,500.00 6,250.00 6,250.00
3. ~DJUSTING INLET 350.00 each 200.00 each 125.00 -each 750.00 each
~RATES 3 EACH 1,050.00 600.00 375.00 2,250.00
4. ~DJUSTING VALVE 35.00 each 40.00 each 85.00 each 95.00 each
~OXES 15 EACH 525.00 600.00 1,275.00 1,425.00
Sa. OLIOS & DASH YELLOW LUMP 7500.00 per L.S 10563.00 L.S. 14070.00 L.S. 14070.00 per L.S
ENTERLINE STREET MARKINGS SUM 7,500.00 10,563.00 14,070.00 14,070.00
5b. HITE EDGE OF ROADWAY LUMP 400.00 per L.S. 310.00 per L.S. 420.00 per L.S. 420.00 per L.S.
R lANE MARKINGS SUM 400.00 310.00 420.00 420.00
Sc. TOP BARS 35.00 each 27.00 each 39.00 each .39.50 each
75 EACH 2,625.00 '2,025.00 2,925.00 2,962.50
5d.. ROSSWAlKS 100.00 each 85.00 each 81.00 each 81. 00 each
10 EACH 1,000.00 850.00 810.00 810.00
5e. CHOOl lOCATIONS 150.00 each 185.00 each 89.00 each 89.50 each
ARKINGS 5 EACH 750.00 925.00 445.00 447.50
Sf. INGLE HEAD DIRECTION 45.00 each 45.00 each 48.00 each 47.25 each
RROW MARKINGS S EACH 225.00 225.00 240.00 236.25
59. OUBlE HEAD DIRECTION 70.00 each 60.00 each 94.00 each 95.00 each
RROW MARKINGS 1 EACH 70.00 60.00 94.00 95.00
5h. NLY DIRECTION 75.00 each 80.00 each 74.00 each 75.00 each
ARKIHGS 1 EACH 75.00 80.00 74.00 75.00
..
GRAND TOTAL: $230,710.00 $235,878.00 $250,178.00 $255,341.25
Complete all Cmlplete 411 CoIIplete all eo.plete all
COMMENTS/EXCEPTIONS work within work within work within work within
60 ca1endar 90 calendar 100 calendar 75 calendar
days. days. days. days.
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LEASE
THIS LEASE Made this ta, 24th day of August, 1948, by and between the City
of Delray Beach, a Municipal Corporation in Palm Beach County, Florida, herein
called the Lessor, and the Woman's Club of Delray Beach, Florida, a non-profit
Corpora tion under the Laws of ta, State of Florida, herein called the Lessee,
Witnesseth that for and in consideration of the sum of $ 1.00 this day
paid by the lessee to the lessor, and in further consideration of the covenants
herein contained 9n the part of the lessee to be kept and performed, .the said
lessor does hereby lease to the said lessee the following described property in
the City of Delray Beach, Palm Beach County, Florida, to wit:
That certain tract of land shown on the
plat of Osceola Park as recorded in the
Public Records of Palm Beach County,
Florida, and marked "Base Ball Field";
the same being bounded on the East by Dade
Street (Federal Highway), on the West by
Boynton Street (Dixie Highway), and on the
North by a 20 foot alley and on the South
by a 20 foot alley.
to have and to hold same for the term of ninety-nine (99) years from this date.
This lease is made by the lessor for the purpose of enabling the lessee to
construct and maintain thereon a building fDr the purpose of furnishing a meeting
place for the Woman's Club of Delray Beach and for maintaining the remainder of
said property as and for a public park to be known as "CURRIE MEMORIAL PARK",
provided, however, that nothing herein contained shall be construced as requiring
the lessee to furnish physical maintenance on the above described property, but ~
that it is the intentions of the parties hereto that the "bove described property,
with the exception of that space occupied by the building aforementioned and the
immediately surrounding property shall always be open to the public as and for a
public park, to be known as "CURRIE MEMORIAL PARK". In the event that t~rl.s property
should ever be used for any other purpose than for the construction and maintenance
of a Woman's Club building and other uses which are customarily incident thereto,
and for the !urpose of maintaining a public park, then this Lease may be declared
tenninated by thee lessor by giving th~ lessee ninety days notice of such intention.
In the event this lease is terminated the lessee shall have the right to remove
therefrom any improvements placed thereon by the lessee.
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The lessee covenants that it will nake no unlawful, improper or offensive use
of the premises, that it will not assign this lease or sub-let any part of said
premises, that it will use said premises only for the construction and maintenance
of a Woman's Club Building and other uses customarily incident thereto and for the
",;. n..~~~intenance thereon of a public park to be known as "CURRIE MEMORIAL PARK". The
lessee further covenants that it will not use said premises or any part thereof
for business or commercial purposes.
IN WITNE3S WHEREOF, the lessor has caused this Lease to be executed by its
Yayor and attested by its City Clerk and ehe City Seal to be affixed thereto and
the lessee has caused this lease to be executed by its President and attested by
its Secretary on the date first abow written.
CITY OF DELRA Y BEACH
By: (Signed) L. H. Brannon
Mayor
ATTEST:
(Signed) Charles E. Black
(Slp;ned ) Ruth R. Smith
(Signed) Maurieta Nichols City Clerk
LESSOR
(SEAL)
WOMEN'S CLUB OF DEIRAY BEACH
(Signed) John H. Adams By: (Signed) Wilena E. Hurst
(Signed) Eleanor N. Gringle ATTIST:
(Signed) Florence M~ Brown
Secretary
~
LESSEE
STA'IE OF FLORIDA )
COUNTY <F PALM BEACH )
Before me, the undersigned authority, personally appeared
L. H. Brannon, Mayor, and Ruth R. Smith, City Clerk, to me well known to be the
individuals who executed the above and foregoing lease on behalf of the City of
Delray Beach, and they acknowledged before me that they executed the same freely and
voluntarily as and for the act and deed of said City.
Witness my hand and official seal at Delray Beach, Florida, on this the 9th
day of September, 1~48. ~SMned~ Alice ~etderi ~k
o ary ublic, S a e of Florida at
r. . (SEAL) Large. My Commission expires April 29, 19
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/r.,:1165 p~f"~ 555 ,J11'V 227
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AMENDMENT TO LEASE 10'5 ,qR 2
#'0 ...,", t!.1 9 06
THIS AGREEMENT, made and ex.ecuted this 22nd day of February ,
.
1965, between the CITY OF DELRAY 3EACH, a Municipal Corporation in Palm
Beach County, Florida, herein called Lessor, Bnd the WOMAN'S CLUB OF
DELRAY BBACH, a non-profit corporation under the laws of the State of
Florida, herein called the Lessee,
WHEREAS, heretofore the parties made and executed a certain lease
covering the following property in the City of Delray Beach, Palm Beach
County, Florida, to-wit:
That certain tract of land shown on the plat
of Osceola Park as recorded in the Public
Records of Palm Beach County, Flor'ida, and
marked "Base Ball Field"; the same being
bounded on the East by Dade Street (Federal
Highway), on the West by Boynton Street
(Dixie Highway), and on the North by a 20
foot alley and on the South by a 20 foot alley.
de.ted August 24, 1948, lee.sing said property to the Lessee for a term of
ninety-nine (99) years from said date; and
WHEREAS, saId tract of real estate was acquired by the Lessor from
the Currie Investment Company, a Florida Corporation, with the express
prevision that said tract is to be held as a Public Park with the privilege
of leasing any or all of said property to the Woman's Club of Delray
Beach, Florida, so that a Woman's Club Building may be erected thereon,
and with the further express provision that all of said tract of land
shall continue to be known as Currie Memorial Park and no part thereof
used for business or commercial purposes; and
~
WHEHEAS, the Lessee has constructed a club building on a portion
of said leased premises;
WHEREAS, both the Lessor and the Lessee are desirous of amending
said lease to reduce the area of the lsased premises, and to clarify the
maintenance responsibilities of the parties;
NOW, THEREFORE, in consideration of the covenants contained in the
aforesaid existing lease, dated August 24, 1948, and the further covenants
cont ained in this amended Ie ase, it is agreed:
1. That henceforth said Lease shall cover the following described
property in the City of Delray Beach, Palm Beach County, Florida, to-wit:
.
ere'r, 1165 556
mcf ~ oJ PAGE
That cel"ta!.n tro.ct n .-' lu~".~ 3 n. CJ 'h' ;... t:'3 ri t:he ::-lat
,''-
of CJ~8(;la Park as ~e~cr'ded 1 ~: ~ ;-"e Publl~
Roc()ro'J of Palm 3ea~h Gc'mty, ~;'1 :J r t.j a., and
ma.rked ., B u ~1.; J a 21 ? :!.. e 1 d. tt ; t: ~..d Sal1.": being
bounc1od en the =~3: by Dade street (?ederal
Highway) , o~ ... '..."' :; ~ .,~ t; ')j '; u~. :.1. .,~(i t' 2treet
I .t,".
( Dixit. Highway), and on tho North ':)y a 20
foc'~ ::;.~J.ey anc en tn.~ 80'; tr~ ':):J a 20 : \ .: ~; ':.1.1 (.y ,
LESS ':'~: Ee.s t 140 feet thereof.
2. :' bi I. tl1f) Lti 3 .!: t: \.1 ' :.:. ~......t.. ~ ~ t.i(:; r~!:lli~ ~ ('f~~r:'r:.r'L~J l.t.t:~. t.y ;'1'(lal: <:;h(j ':'(::-
:'0 :--El no longe r' s.~,pl:l to the ~a3t :40 f'ef.t cf ;.~,e c ::' i g i Clal tract,
wl:lcn. arap. ~te Lesser &[raes to bea'.l~L':y snd m8. i r,ta~r;. El.3 a pu':Jl i:~
,
tJa~K. The L€l33ue agreos ~c .1~.! ; t:.l J t, ~le p~ysical ~aintenunce a. rid
\-iE1.ter (~"::':':(j,:j~a,C~{ ~... ....,. n i' ~ .'.' '. '" ~ 0.. ~ ~ l\&C t 1'.- ~ !.l. P to. e iil't:>::.C €i 01' the a-
'.. lo. ~, v . .J.:..A (. 'J ....'J
fn ~'~: n~t:'::1.t : -: ~~r~ c ' , t;egE" t':'H"lP I'I.~ ~ ". ~.~ ~: r:1 r, r:~ ~ t'e'/ Dr:e n ':; s located
~.. F; i";.l': ~ \~ ~.~' ~il",,,;~,
thercon.
I J. It 1s r'ec1 tcd t\S a mat~er' of .~, n f.) r' 1': Q. :; : (; n t~l.[a. t the c 1. ty
p:':',sf;:.';ly has 1 . . a water l:.r.e locatriJ 'Iii thin a.
a ~ i:; \, t: lo' L :1':~ h nG
Sixt0t::r: (lh) feo t fJ;j;:ur::ent ex tend i ng f I'C t'" ~! ,. r'~; [' to 30'.lr,h the ~ttl~,:--l
c f ~ hi] p:'or-crty :.'iI'S~ above describod, ~ (1'9 ';,j EJ S :; l~:1f; c:' .~hi~~ t3
a130 ~~}'.ltl i.:,~s ~ .. ..... l';rlc .:.:c~'an' ~ Gl'~.a 3Ll :lj:'''~~. ~ i3 agr.e t,d ~ t1~ t
,l ; ~l': '. . - :..~
the Lessee shall have acceS3 t~ the oa:l (:1;' ~:,nt k1 r- n to. f ~ l" tt~e p'.: rpo 3 e
of m~~ntaining certain land3cupf~S telcr:gtng ':;0 1;\': I; Lo sse (l , part
Ci ~ v: h i ;~ h 1 3 lo~a.t-:-(J ron ....,'" r.... leasec ?reu:tJi":; ar:(' f8.:'I ". ...... ,.. .... t... \- ~ 3
.... ..' ,J. 'I. ....1.\...
r I'~ s e [1: I; :l r;~;;, r; ~;. c ~ ~', ~~ :-.. (. 6.I"Eili .~ 0 / tJ f' C ~~ ga!c: CE.S C',IJ.,r.l t;.
...... ... ,/
I, l'~"" :', .1.. l ,~.,,. , '-. b. r!:, t~".' ,) " ., ~:~ ., :,.:.!:ij c:' ~~G ~ r~. C i ~Cl '. 10 a 0:; '; :'0:WC-c-l: t :1f.l
Lt- . ' ...... .J.oJ. ..'~
parties, dated ~il':'2:U s t 24, ., -, 0 3t'jal; remuin :n [\~ 11 :'0 rc b ;:,n(~ (: f ~' t: C t
J. '14 ',; ,
o t':'1e r' ~~ ~~a:-l .&.:; ...00, 1 ~~ '1 e(: bJ .. h t ..', !lm~r.tJE;:(; l(..~:~t:.
~ .. _..J
I?1 ",:: r~J..~2,3 -;li:':~'_:~::"J? I .1-'., '. .L.-'-.2.:i0..:'- "'a..; .. ~',;~~'':: t~:~ orrenc 6(; l-uL...JU
.' ..~
to ~,~ (: ;::j :.: ' . ~ !.) ~,~ ,"". its .L'~;:~ -:/ c ~.' s. ,....,,.1 att~:.te..:~ ". .. 1'~3 ~l\;J~ Cle.!'k &nd tr.e
..'J .1. .) ,,'
:It:r Seal ~c be af~'ixed t :10 1:' 0 ~!:" , i.>.r.c t:16 L e s .3 e t. h.&.,s C $.U:J cd this a-
;:::: ncl 0 (~ .i.... t:; t:;. S ~.3 7;Cs ".'.; 6 ,'~ c:.: :'~ ",; C l~ 'J/ its IJres tJ~L~t ::. .,.,,: (;~t:;ested by i~s
3e(~r€.tiJry ~~r-: 1-1-- Ll date f i r.J t abeve written.
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. CH~~1165' , ' 557
RtC~f,: PACE .
;,.;,...v'....:. CITY O? Dl.LRA Y Bl::ACg
( SEAL) "
By: ) , \. ' .~.'-
" /"
~1ayor r'
ATTEST:
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City Clerk
, ,
WO~:AN' S CLt;S O? rJbLRAY BMCH
By: ; \..J L... '-t,_ ..;' :, L:.] . ( . ~ I
\..,., I '\ l. ... ,.
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I .~.'-(..~ '" \.. \.J j J L c.. L..', ~ Pre ldent
~? d
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r;;::;b..-L.L- )n. ~:V'~"'7/cb A'l'T.c:ST:
1111 tnesses as to Lessee . . ')
'C\(\r~ , -' -'
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Secrotary
3'rATE O? ?L02IDA \
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,.,t'\UN'ry 0:-:> nA, T' " 1':: fA "'H )
'v VeL. L i', ;5' ......
3efo~":'(' :":0, the un~er3iGned au~~crltJJ :H;:'30nally aptJearcd
Al. G'. A very, Hayor, anG ~obert D. Wort~ing, City Clerk, to nJe wol1
known to be the individuals who executed the aoo ve anc :'Oree;0 Lng
amended lease on behalf of the City of DeIray BeB~h, arlt:-: t;1SY ac-
kno'wIE,cgec befc~:'e ;~f~ that t~ey execu:ec tr.~ s arne :' 1'0 e 1./ ane 'lclun-
taplIy as ~lnd :'cr the act a~d deed of said city.
Witness my hand and official 3eal ~t Delray 3ea~h, ?laI'ida,
on this the 22ndday of Ferruary , 1965.
'. I
, , d .' ..... ./ I
". '-.~...
"-
Nota.ry Public, State of ?10r1da
at Larg'e
r<y cOffirdss ion exnlI'os:
STArE OF FLO~IDA ) . i~I,A..~V. ~ "'~I !)~_ate ~f F.:cr:d~~ ,1t L~r~e
I'.. i \...~J;rj.l ;JJ>'l ';..x;:. r(;.::; .;f:r:'t. 1..::, 1966
) U.:lI;'.I"d 'vj ...,llcr;~"n ~~rdi ''::0. of N. Y
,:;a~:NTY OF PALM 3EACH) , /
10' "
Before m!::, the undersi;ned. authority, ~er3onal1J appeared
Dorothy R. Conn , Prestdent and rvtrs. L. L. Peters , 3ecretary,
tc me w~:lll :.ci.1eWn to be the incividuals who execute.:l t:-:'t:: a.bc'le !lr'.C fore-
go 1:16 [unand eo Ioas e r:-r. hehalf. of ~hA Wo~anls Clu~ of Delray 3aach, f.nd
t:tcy al:k~owl(,:G0t.J 'oe:"'cre rot! ~b::lt t'1ey executed tho same freely and vo-
11
lu.ntarily G.~ and for t~€: act and deed cf 3&lc '.: l.....l~) .
J . ~
~itnes~ my hsn~ and offioial ~e&l a~ Delr&y Bea~h, .?lc;' i da~ en t-
c: ~
this the 19thday c'[ February , 1~:65. ) ~ J C
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" r#;"'-' r $. A r .s ~ ;:
, .- Gi;./.;/--<~ , ; /l~.i.C<-'~<-d-1 ~ S
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.""\ - . ~~. ...,J .\ 0 '" a ry u , , 1 C, ~ a co e 0 J. l" 0 r 1 d a 1l
-, Notary Pub!!c, State of florida at Large
"', My Comm.s.;'''n c.;(c:res eet. 22, 1965 at La:>ge
~' 'i!ondtd by ,'\n)t;f';<l" ~Llrety Co. of N" '(.. Hy cor.:rd ~s ion expires:
i
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJJij
SUBJECT: AGENDA ITEM #: g :r - MEETING OF NOVEMBER 13, 1990
DESIGNATION OF FUNDING SOURCE
DATE: November 9, 1990
The Finance Department has conducted an analysis of the
project-oriented funds of the City to evaluate overall project
performance to determine if we are in adherence to Federal
Arbitrage Regulations, to evaluate internal project management
capabilities and finally to find funds to pay for the acquisition
of land for the new Fire Station No. 1 facility.
A summary of the funds available for the acquisition of a site
are listed in the accompanying backup information.
Recommend that the Commission approve funding acquisition of the
new main fire station site from the sources identified by the
Finance Director in the attached memo of November 9, 1990.
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joseph M. s~
Director of Fi e
SUBJECT: Fire Station Land Acquisition Funding
DATE: November 9. 1990
The Finance Department is currently conducting an analysis of the project-
oriented funds of the City. This analysis is being undertaken to evaluate
overall project performance (time and budget). to determine if the City is
in adherence to Federal Arbitrage Regulations. to evaluate internal project
management capabilities and finally to ascertain whether any uncommitted
funds can be located to fund the acquisition of land for the new main fire
station project.
A financial status report of each Project Fund was prepared which listed
potential uncommitted funds. These project reports were reviewed by
appropriate staff members to confirm the status of these funds.
A summary of the funds available for the acquisition of a site for the new
headquarters of the main fire station was determined to include the follow-
ing:
l. City Land Projects Fund
Uncommitted balance at September 30. 1990 $372,000
2. General Fund
Community Redevelopment Agency start-up loan repayment 138.000
previously reserved for the fire station project
3. Decade of Excellence Project Fund
Fire Chief Koen reduction of overall program design by 229.500
3.345 square feet (Phase I). A future expansion of 2,136
square feet would require funding at a later date (Phase II).
4. City Property Sale
Future sale of 0.56 acre~ of ~lki-famil~ zone~ pr~erty 40,000
(five diell~ units)'" ,1le...... <AI' -t"c;v...k i' T~ . ,lL7e' 1'0""'1
tre MII?,'Ia. Fc\ =-To Wl.,--Te.. a. t'\~ ~{".Jet" F~t'I. .
TOTAL AVAILABLE FUNDS $779.500
If this recommendation meets with your approval, we would ask that this
subject matter be forwarded to the City Commission for their consideration.
JMS/sam
cc: Jeffrey S. Kurtz, City Attorney
William H. Greenwood, Director of Environmental Services
Mark Gabriel, City Engineer
Yvonne Kincaide, Budget Officer
Milena L. Walinski, Assistant Finance Director
Barbara Schooler, Financial Management Analyst
Agenda Item No. :
AGENDA REQUEST
Date: 1l-01-90
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: J!-/3-1()
Description of agenda item (who, what, where, how much): Bid Award -
Atlantic Avenue Greenway - Phase II
ORDlNARCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low responsive bidder, Aquamatic Sprinkler Systems,
Inc.. in the amount of $53,190.85
4 /f(~' ~
/
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Direct~ RQ~eW (required on all iteas involving expenditure
of funds): 1,; ;4a.~
Fund ng available:~ NO
Funding alternativ . (if applicable)
Account No. & Description: 1?J?rf ttL//f4.( ~-<<~ - <fAit/<!.., uJt''Hj
Account Balance: lJ//rJ,tJr)[) ;?33-~/~/-$7P1 /'/~
Ci ty Manager Review: (pl,~
Approved for agenda:~ NO~
Hold Until: .
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
Agenda Item No.:
AGENDA REQUEST
Date: 11 / 1/90
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: 11/ 13/90
Description of agenda item (who, what, where, how much): Bid Award -
Water Meters - Annual Contract
ORDINAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Sunstate Meter & Supply, Inc. at an estimated annual
cost of $80,000., via City of Boca Raton Bid
4' 4'r/ ob
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Direc~r R~view (required on all iteas involvinq expenditure
of funds): j. :..,.,I"<-~
Funding available: YES/ NO
Funding alternatives:
Aceount No. & Descrltion: ~~/- 5I~/- {;'3/,-(dJ.
Account Balance: f~ 00
City Manager Review:
Approved for agenda: ~/ NO gM
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
Agenda Item No. :
AGENDA REQUEST
Date: 10/31/90
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: 11/13/90
Description of agenda item (who, what, where, how much): Purchase Award -
Monitor/Defibrillators & battery support systems for Fire Dep~rtmpnt
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Physio Control Corporation, at a cost of $53,220.
plus shippin~.
/' $.M'/
.II-
. ~
Department Head Signature: .
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Dir~or Review ~~ired on all iteas involving expenditure
of funds): '-,I,~p.:du /I? pi>
Fundi available: ~ NO (if applicabJe)
Funding alternatives:
Account No. & Descri~tion: t9/J/-d.3/5-5',2/,- b/J.f'j ,P(;'~Y ~/ I'JIA,~)
Account Balance: Ii! roD
City Manager Review:
Approved for agenda: @/ NO t'JJ/
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
Agenda Item No.:
AGENDA REQUEST
Date: 10-24-90
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: 11/13/90
Description of agenda item (who, what, where, how much): Bid Award -
Bus Rental Service for Parks & Recreation Bid 1190-98
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder, Dempsaco, at an estimated annual cost of
$17,000
d/i?1
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Dire\Jor Review (required on all items involving expenditure
of funds): j;'lvea:~ /O-J(,-yO
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance: ~ Jt.t;OI, i-f/;l1-57;J. -33.S''!
City Manager Review: ~. {Jlfll.ks - /J1I../~/.'cs - ~ihcJllI"J5fJ(J
Approved for agenda: ;;.yffi NO ~
Hold Until: - /. Joo 1- 41 ;11- 57.:( - .3'1, 1/
Agenda Coordinator Review: rC't2.fis - IIt-l~ ~~I..oo\ p~e--.hlt"tc/
Received:
Action: Approved/Disapproved
Agenda Item No.:
AGENDA REQUEST
Date: 10-23-90
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: 11-13-90
Description of agenda item (who, what, where, how much): Purchase Award -
Scott Air Paks & Spare Tanks & Personal Alert Safety Systems
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Reeommendation: Award to Safety Equipment Company, at a cost of $41,414, as
~ole source procurement.
ff ~:/ft$/
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Dir~tor R~view (required on all iteas involving expenditure
of funds): '1 k.~e~ /o/,ill. /90
Fundi g available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description: /101-.1.3/5 - S.2I.-t,/) 1'9
Account Balance: tilt.{ I} Y;' [; J:..~ j!.fIlS OfeF-.
City Manager Review: ~ fA. -f - 6 t- N '-'
Approved for agenda: ~/ NO tJ?v/
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
1J~
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 310 S,E. 1 st STREET, SUITE 4 . DELRA Y BEACH, FLORIDA 33483
407(243-7090. TELECOPIER 407(2784755
MEMORANDUM
Date: November 9, 1990
To: Ci ty COImnission
From: Jeffrey S. Kurtz, City Attorney
Subject: Acquisition of Fire Station No. 1
Resolution Nos. 110-90 and 111-90 are companion resolutions
relating to the fire station. As you will recall, Resolution
No. 74-90 authorized us to acquire a portion of land between
5th and 6th Avenue on Atlantic. With the City Commission's
decision to have a two story facility and finding that the
entire amount of property that would be needed for the two
story facility is less than the land authorized through
Resolution No. 74-90, it is appropriate for the City Commission
to rescind that previous resolution and adopt a new resolution
setting forth the smaller amount of land to be acquired. It is
also my understanding that the City Manager will be presenting
a source of funding for the acquisition of the property at the
November 13 meeting. Once that source of funding is approved,
our office, in conjunction with the law firm of Vance and
Doney, will be in a position to begin negotiating the acquisi-
tions of that property.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK:sh
Attachments
cc: David Harden, City Manager
Kerry Koen, Fire Chief
~
--.--'---^'--
I
.,
RESOLUTION NO. 110-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RESCINDING AND REPEALING
RESOLUTION NO. 74-90 AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLvE~ BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEA2H .......""T"'I........... -.......-
- .....,.....- - .. -
Section 1- That City 2ommission's previous Resolution No.
74-90 is hereby rescinded and repealed and shall be of no further
affect.
Section 2. This resolution shall take affect immediately upon
passage.
PASSED AND ADOPTED in regular session on this the _____ day of
, 1990.
MAYOR
ATTEST:
City Clerk ;
~
.. .
. ...
--- -_.-- - -
~--- -...-- . ~_._-. _..-
RESOLUTION NO. 111-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION
IN FEE SIMPLE OF CERTAIN REAL PROPERTY, BEING A
PORTION OF BLOCK 20, TOWN OF DELRAY AS SHOWN ON THE
PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGES 3 AND
4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY ,
FLORIDA, FOR THE PUELI C PURPOSE OF BUILDING A NEW
FIRE STAT:C~ T";'t..-~,..._.. ~~~ . 1 ~:~~:NG THAT THE
- :... ..'----- - ,
ACQUISITION OF SAID PROPERTY IS ~EASONABLY NECESSARY
FOR THE CONSTRUCTION OF A NEW FIRE STATION FACILITY
NO. 1 ; PROVIDING THAT IN THE EVENT EMINENT DOMAIN
PROCEEDINGS ARE NECESSARY, THE CITY ATTORNEY IS
AUTHORIZED TO RETAIN THE SERVICES OF APPRAISERS,
EXPERTS IN OTHER DISCIPLINES, AND PRIVATE COUNSEL TO
ASSIST THE CITY ATI'ORNEY IN THIS MA'I"I'ER; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Chief of the Fire Department of the City of
Delray Beach has recommended the acquisition of certain real property to
be utilized for the construction of a new fire facility; and
WHEREAS, it is necessary that the City acquire the hereinafter
described property in order to construct the new fire facility; i
WHEREAS, funds are available for the above described
acquisitions; and
WHEREAS, the City Commission finds that the acquisition of the
hereinafter described property in fee simple for the buildingj
construction of fire station facility No. 1 and related purposes is a
public necessity and essential to the interests of the residents of the
City of Delray Beach, Florida; and
WHEREAS, in order to accomplish the acquisition of the needed
property, it is necessary for the Chief of the Fire Department and City
Attorney to take legal action and to employ real estate appraisers,
experts in other disciplines and private counsel to assist the City
Attorney in this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, THAT:
Section 1- The City Commission adopts and ratifies those
matters set forth in the foregoing recitals.
Section 2. The City Attorney is authorized and directed to
employ real estate appraisers for the purpose of securing appraisals of
the value of the property hereinafter described for the purpose of
acquiring said property.
Section 3. The City Attorney is authorized and directed to
proceed to take all necessary steps, including the hiring of appraisers,
accountants, and experts in other disciplines whom the City Attorney
deems are necessary for the adequate and complete representation of the
City in this matter, in order for the City of Delray Beach to acquire in
its own name by donation, purchase or eminent domain proceedings, fee
simple title to the property, more particularly legally described as
follows:
All of Block 20, Town of Linton, as recorded in
Plat Book 1, Page 3, Public Records of Palm
Beach County, Florida.
Less the North 250.00 feet of said Block 20.
. ..
. .
, .
----- --- - - -..--- n __~ -- -.- -.-..--..---. .-- - - -_.- -----.- --- .
----~--_.- ---..---- _ u_
Less the lands conveyed in Official Record
Book 1074, Page ]69, Official Record Book
1067 Page 208, Official Record Book 1078
Page ]13 and Official Record Book 1264 Page
139 for additional right-of-way for Atlantic Avenue.
The City Attorney is further authorized to have prepared in the name of
the City of De lray Beach all papers, pleadings, and other instruments
required for that purpose and to see that all eminent domain proceedings
are prosecuted to judgment. The City Attorney is authorized to retain
the firm of Vance and Doney as independent counsel to assist in this
matter.
Section 4. The City Attorney is hereby authorized and
directed to take such further actions as are reasonably required to
fully accomplish the purposes hereinabove directed.
Section 5. This Resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED in regular session on this the _____ day of
, 1990.
MAYOR I
ATTEST:
City Clerk
."
2 ORD. NO. 111-90
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 1r K- MEETING OF NOVEMBER 13, 1990
AWARD OF BIDS AND CONTRACTS
DATE: November 8, 1990
The following items are before you for award of bids and con-
tracts:
(1) Scott Air paks, Spare Tanks, and Personal Alert Safety
System - Fire Department - Safety Equipment Company in the amount
of $41,414 with funding from Fire/EMS Operations Equipment Other
(Account No. 001-2315-526-60.89). Account balance $141,800.
(2) Bus Rental Services - Parks and Recreation - Dempsaco in the
estimated annual amount of $17,000 with funding from Parks
Athletics Football (Account No. 001-4121-572-33.84) Account
balance $16,500, and Afterschool Program Misc. (Account No.
001-4121-572-34.11) Account balance $16,600.
(3) Monitor/Defibrillators and Battery Support Systems - Fire
Department - Physio Control Corp., in the amount of $53,220 plus
shipping, with funding from Fire/EMS - Equipment Other (Account
No. 001-2315-526-60.89). Account balance $141,800.
(4) Water Meters - Annual Contract - Sunstate Meter and Supply,
Inc., in an estimated amount of $80,000 with funding from Public
Utilities/Operating Capital - Meters (Account No.
441-5161-536-60.87). Account balance $80,000. No.
(5) Atlantic Avenue Greenway - Phase II - Aquamatic Sprinkler
Systems, Inc., in the amount of $53,190.85 with funding from 1987
Utility Tax Bond/Greenway PIan (Account No. 333-4141-572-61.36).
Account balance $110,000.
Recommend approval of award of bids and contracts.
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assi.tant City Manager/
AdMini.trative Service.
FROM: Ted G1a., Purchasing Officer !!Iff
DATE. October 23, 1990
SUBJECT. DOCUMENTATION - CITY COMMISSION 'MEETING -
NOVEMBER 13, 1990 - SOLE SOURCE PROCUREMENT -
SCOTT AIR PAKS ~ SPARE TANKS ~PERSONALALERT
SAFETY SYSTEMS
11.~_I.fg~._Ci1~_C~~i..1gD~
The Cit, COMMi..ion i. reque.ted to approve the .ole source
purch..e of above .tated equip"'ent to S.fety Equip",ent
Ccmp.ny, .t a co.t of .~U ,414. Per the Budget Officer.
funding i. fr~.__~_____________________________________
(-~--------------------------------------).
B.~kg~gYDdJ.
On March 27, 1990, City COMMi..ion approv.d the sole .ource
procureMent of Scott Air Pack. .nd .p.re tank. for the Fire
DepartM.nt.
In SepteMber of 1989, the City M.nager .pproved the purch..e
of per.onal'.l.rt .a'fety'CIevice. M.de by Racal .nd c.lled
"ALL Y " .
Fund. were placed in the Fir. DepartMent FY 90-91 budget to
purcha.e'additional unit.. Price. are the ...... as eKtended
to us last y..r, .. follows.
UDi1_e.ti~. Ig:tAl
20 - Scott Air Pak. t1,e34.2e t30.6Se.OO
24 - Spar. Bottle. 327.2e 7,,834.00
25 - Ally Device. lle.OO 2,8?e.00
----------
.41,414.00
B.I;.m!teendA11gn
Staff recoMMend. the purchase of above equipMent to S.fety
EquipMent COMpany, at . total co.t of t41,414.00, .s .ole
source procur.....nt. Funding .. outlined above.
e:t1.l;.b~.D1..l
DOCUMentation on this purchase
DOCuMent.tion on p.st purch....
pc Chief Ko.n
[ITY DF DELIAY BEA[H
FIRE DEPARTMENT
M E M 0 RAN DUM
TO: TED GLAS, PURCHASING DIRECTOR
FROM: M.B. WIGDERSON, ASSISTANT FIRE CHIEF
DATE: OCTOBER 22, 1990
SUBJECT: PURCHASE OF SCOTT AIR PAKS
I am requesting the purchase of twenty (20) Scott 2.2 Air Pak,
lightweight, with donning switch SCT-930231-01, Twenty-four (24) Scott
2.2 Spare cylinders SCT-803162-01, and Twenty-five (25) Ally Pass Devices
(To conform with those in use).
This purchase will complete our three year plan to up-grade our
system. This order will be a sole source purchase to maintain our
continuity of equipment and our ability to do in house repair and
maintenance. The order will be placed through a dealer for Scott air
equipment in the State of Florida.
The cost of each complete unit will be $1,534.25 x 20 = $30,685.00
The cost for each spare bottle will be $327.25 x 24 = 7,854.00
The cost for each Ally device will be $115.00 x 25 = 2,875.00
Total Cost $41,414.00
Your concurrence in this matter will be appreciated.
~sJ?6/~-1
M.B. Wigderson
Assistant Fire Chief
MBWjtw
FIRE DEPARTMENT HEADOUARTERS- 101 WEST ATLANTIC AVENUE. DELRA Y BEACH, FLORIDA 33444
407/2437400 - FAX 407/265-4660
OCT 17 '90 00:55 p71
. '-
Safety
rn.9QUiPment
company
@ TAMPA/OR LANDOtJACKSONVI LLE/T ALL.AHASSEEfMIAM I
10106 U.S.A. TODAY WAY
MIRAMAR. FlORIQA 33025
(305) 372.0006 DADE
/3051436-0066 BROWAAD
(800) 432-4727 Fl WATS
(305)436-0166 FAX
October 17. 1990
Chief Mike Wigderson
City of Delray Beach
101 West Atlantic Avenue
Dolr~y aQ~oh. ~loridQ 33/././,
Dear Chief Wigderson.
At this time, Safety Equipment Company is pleased to present the follcwing
quotation for your approval.
o/tJf'R. Scott 2.2 Air Pak(Lightweight. with Donning Switch. EBSS, NFPA)
~ Jt.
~e J..8" e. a c h SCTo=930231-01 $1534.25 each $27,616.50~D.~~-5 DD
I t
Scott 2.2 Spare Cylinders(Light Weight)
I"
~I{ .k! each SCT-S03162-01 $327.25 each $7199.50 ~ ~ 5",/, 0(.
Training: On site at your facility and your convenience. NC
TOTAL: $34.816.0{ '5 g ::-57-
I
Again, thank you for this opportunity to quote on the Scott Air Pak. Also, we have
provided a lett~r stating our relationship as sole source distributor in the
state of Florida.
~~
Ken Bush
Regional Sales Manager
Safety
~qUiPment
Company
@ TAMP AIOR LANDO/JACK.SONV I LLEfT ALLAH ASSE EIMI AM I
10106 U.S,A, TODAY WAY
MIRAMAR. FLORIDA 33025
(305) 372-0006 OADE
(3051436-0066 B,ROWARO
18001432.4727 FL WArs
(3051 436-0166 FAX
October 19, 1990
Chief Mike Wigderson
City of Delray Beach
101 West Atlantic Avenue
Delray Beach, Florida 33444
Dear Chief Wigderson,
Safety Equipment is pleased to present the following quotation on the the
Racal Ally.
U/(Dfll..
- ~ ;!'"X
I :; C- RCL::280-01~06 Personal Alert System (Pass Device) $115.00 each o 15_(~()
_> :J
Delivery: 1-2 days
Thank you for this opportunity to quote on the Racal Ally at this time. Please
let either Ken Bush or myself know if there is any additional information we
can provide,
SinCerelY'~
/'
. I Vr~U--t-'~~
~ie Gra ovec
Inside Sales
. I ,'.,.
J' I
; ;
~.~ i
i~ I
:
mnr.
I
May 1, 1989
'ro Whan It Hay Concern~
At the present. time, Safety Equ pstent CCmpany headquartered in
~, Florida, is tha only aut rized distributor of Scott
Health/Safety Produeta in the,' arida Pen1naUU. SQott Aviation
CUi only insure proper service, aupport, training, and proc1uot
traceabUity when a ocntractUA arrangement exists ",1 tll our
diatri}:)ut.ora. I
f
SoottesD18tributors are oontr-attuallY bound to train, service,
and support purchasers of Sc:ot.t.,Pcoducta. Mclit.l~ll.y, tlwl:ie
cU.s~r1})uto.r. are capable ot pr~1(U..ng Scott with custQuer infOl1Dation
in the unlikely event ot recal1!or Wier warnIng. Nop.-distributo~s
have no obligation to SCott AV1ft.ion.
S<::ott. Avla.t1cn strongly r&eal1'QC~ that end purchaaers of SC:ott
Produces buy only through an AU rized distributor. At such time
as 'Wa can SCC\U'e additlonal dist.ribution in the Florida Peninsula
fer>>. a quality aouroe, we will take steps to. nati~ cu.staDers of such
additions. I
.J' . I
Individuauo vIlo haw queseiona ~egarding Scote Distribution should
feel free to contact the undere gned at (404) 949-7796. .
rdiall~ f
!
",.... ~ i
.
C. Hank.1na I
10113.1 Manager
f{.ealth/safety:Products
.
,
,
:
I
i
I !
~.
..J
0 ISCOTT AY'A T.ON . A = tNTeRHATtONAL COMPANY a
IUIM ..,.,. U*l&.tW. NY 1 Ttt 7'''''100 T....: It.'"
.. - .~_.
--
. .....
.- ~
\ RACAL rlEAL TH &. SAFETY, h\jC. .
\f~
.
" Introduces
The Newest In Personal Alert Safety Systems.
Features You Can Depend On:
Off/On/Auto switch that
permits one hand operation
while wearing gloves.
Piezo also annunciates the
low battery warning. Dual piezo which sounds unique
98dBA sweeping alarm
to pinpoint user.
In trinsicaUy safe to NFP A Flashing LED to show that
standards. unit is functioning. Also low
battery warning.
Ease of battery replacement. Patented motion sensor that
virtually eliminates false alarms.
TECHNICAL SPECIFICATIONS
Meets NFPA 1982 (1983 Edition)
(1988 Edition, test results pending) ,jaw /lAtE (S 19 X g EU((i~d.'
Dimensions: Pre-Warning: Controls:
2.5" x 4.7" x 1.5" Intermittent 2 Hz (low Slide Switch
Weight: sound volume) (magnetic).
9.1 oz. (incl. battery) Battery: 3 positions -
Audio Output: 9,0 volt alkaline Off, On, Auto
Better than 98dBA (MNI604 or equivalent) Casing:
(meas. at 10 feet) Low Battery Warning: Molded lightweight poly-
Audio Frequency Range: At less than 7.5 volts - carbonate, sealed
2.5 kHz. - 3.0 kHz. short beep/2 seconds and watertight.
Pulse Frequency: Battery Life: Electronics:
4 Hz. New Battery: CMOS low power custom
LED Indicator: 500 Hours - Auto-position microchip. Quartz crystal
Flashes once every 10 Hours - Full Alarm controlled.
2 seconds Motion Sensor:
Standards: Patented semi-solid state
Meets NFP A 1982, sensor.
(1983 Edition)
W ARRAI'ffY: Racal Health & Safety, Ine. warrants ALLY to be free from defects in material and workmanship in normal service
and under normal conditions for 360 days from the date of delivery. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WARRANTY OF MERCHANTABILITY.
f1}!1J~!1J[J Racal Health & Safety, Inc. 7309 Grove Road, Frederick, MD 21701
WARNING: Tu fl\~Uft" r"upt'f p"rturm.",e ~ft..A. \~2 \1'M7 \.,ht\\,f'l\ ml.l...t~. '\}~"plwd with "nd H,,' mill"lu14dUf"f" pn'-"\\p,'r..h.,l"Iol' h'''' mu~l~' JWri\\fm~ 1""'\1 h) \".ch u_ T\'w- mt,'mlollhon "dnlj'~II(~ .nd hmltolt,,'n~ n. ttw \n..tTudl"n
".mphlrt .acn.lifnJMn\'inl( thr ALLY unit must t-- Tt'.ad .and unJ..r.'''.....l ~.j,'rt. H~' un., l~ ll",'d l..uu", II' ("nll'k .... lIt. Iht,..... m"tfUllklll" 01';&\' ....p,,~1t' Itw Uk"t 10 'iot'UOUS inJur'J<' or I..".... .If lIlt.
....IOU ...........
~
WHEN YOUR LIFE'S
ON THE LINE,
YOU NEED AN ALLY.TM
Raca/'s new personal alert safety system. ALLY. is by your
side and ready to !liVe you the security of an automatic call for
help if the need anses
Here's how it works-people in dangerous and isolated lobs
clip the unit to their belt or clothing and switch ALLY to the auto
position. If ALLY detects no body movement for 20 seconds. a
seven-second pre-alarm sounds. Movement 01 a tap on the unit . .::;
'"tom"~I. _ .. p....m ~1. i11~. ;, '1111 "'. . .~~,.
reaction or movement. then ALLY's 98-decibel signal jJ ,:. . \ '
'"" 'h,,",h """ 'm.... ,...""',. .", "",' ~f'" . '
with a sweeping sound to pinpoint the location ., : ;::"~ . :.
where help is needed "-"-~""".'. . c~.
Thanks to ALLY's digital sensor and the IIIter- :.., :'. ,~..... ;,',j \
mlttent pre-alarm sound. the fisk of false alarms . \ , :... " .
IS dramalically reduced ALLY IS Virtually malllte- ,~ . \'
nance free. powered by a 9 volt alkaline battery which .;r;.\ . '
has a useful life in the auto pOSitIOn of about 500 hours '~...!
Small. rugged, accurate and reliable, ALLY meets or
exceeds t982 (1983 Edition) NFPA standards. and IS light-
weight and con_ent to wear
Put an ALLY on your Side now. For complete IIItormatlon.
'-800-682-9500 In Maryland. call 301-695-8200
fil[J~[J~
Racal Health & Safety, Inc.
7309 Grove Road
Frederock. MD 21701
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Ba rc insk i, Assistant City Manager/
AdMinistrative Services
FROM: Ted Glas, Purchasing Officer 5~
DATE: October 24, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 13, 1990 - BID AWARD - BID .90-98
iUS_BEMla~_eEB~ICE_EQB_eeBKS_~_BECBEaI10M
11~O~egfg~._~i1~_CQOOi~~igOA
The City COMMission is requested to award contract to low
~bidder, DeMpsaco, at an estiMated annual cost of $17,000.
Per the Budget Officer, funding is froM:~~~~Zl~~~~~J~t06
(~~l~jlj~I~~~L~_AL_L~~_____________________________).
~~.i 5..-.1 I!e.- e IletL t,' c,-)- ~ S ~ /.~ (it 105) ; tJ 1I...u/.u (~I ,1J)
Btl!;11g~g!dDd..l!. tlj..,v(.c.-....~ /v-Cil(., -'1'a'
The Parks ~ Recreation DepartMent has nee for an annual
contract for bus rental service to transport recreation
participants to and frOM activities.
Bids for this service were received on October 11, 1990 frOM
three (3) firMS, all in accordance wi th City purchasing
procedures. (Bid .90-98. DOCuMentation on file in the
Purchasing Office.) A tabulation of bid. is attached for
your review.
BC"QOOgOQtl:tiQD.1
Staff recoMMends awa rd to low bidder, DeMpsaco, at an
estiMated annual cost of $17,000. Funding as stated above.
a:t1sl!;b.OCD:t~J.
Tabulation of Bids
RecoMMendation froM Parks ~ Recreation
pc Joe Weldon
MEMORANDUM
TO: Ted Glas
Purchasing Officer
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: BID #90-98 - BUS SERVICE
DATE: October 23, 1990
Attached please find the spread sheet for Bid #90-98 for Bus
Rental Service. This rental service is used to transport
children in our After School Program and other recreational
activities. Econo Charter, Inc. bid $100.00 per day for bus
rental only. According to the vendor, this fee is per day for
the bus to be used and parked at a City facility daily. The fee
is assessed for five (5) days, Monday through Friday, per week
whether the bus is used or not. At a cost of $100.00 per day
times 200 days (5 days for 40 weeks), the total rental fee would
be $20,000. Dempsaco's bid is for actual bus use only on a per
mile basis. It is anticipated that the bus will not be used
every day for the 200 days, and that the Dempsaco rental fee
would be close to $12,000 for the After School Program and
$5,000 for other recreational activities (i.e. Rocks Football
Program) . The majority of the use of the bus will be reimbursed
through our After School Program Grant from Children's Services
Council and should be charged to account #001-4105-572-34.11.
The remaining expense mostly for Rock Football transportation
should be charged to account #001-4121-572-33.84. I recommend
the bid be awarded to the low bidder Dempsaco in the amount of
$300.00 per month for insurance and $1.00 per mile.
Parks and Recreation
JW: j mh
REF:JW230.DOC
Attachment
TABULATION OF BIDS
OCTOBER 11, 1990 BID 190-98
BUS RENTAL SERVICE FOR PARKS AND RECREATION
DESCRIPTION Dempsaco Econo Charter. Inc. Airocar/Grav Line
OPTION 11
BUS RENTAL ONLY: 1.00 100.00 per day No Bid
Renta1 Fee per li1e
Insurance lonthly 300.00 Insurance included.
per unit
OPTION 12
BUS RENTAL WITH DRIVER: No Bid 157.50 per bus, per day Monday through Friday
Rental Fee per lile for buses used in Mon.- 5 hrs. - 196.00
Friday Program ** 6 hrs. - 245.00
Insurance monthly No Bid Insurance included. 7 hrs. - 294.00
per unit 8 hrs. - 343.00
**
COMMENTS/EXCEPTIONS ** Option (2) bus rental ** Five hour minimum.
with driver - Sat. foot- Dade, Broward or Palm
ball program - $346.50 Beach Counties. Time
per bus per day based starts at pick up and
on bid outline. ends at drop off. All
tolls, parking, drivers
Buses used in Mon. - expense, Airport and
Friday program at 157.5C port pick-up fees are
includes driver, fuel, included.
and insurance.
Saturday and Sunday
5 hrs. - 290.00
6 hrs. - 325.00
7 hrs. - 360.00
8 hrs. - 410.00
9 hrs. - 450.00
20 - 14 hrs. - 550.00
Five hour minimum.
Dade, Broward or Palm
Beach Counties.
Time and fees same as
above for Monday -
Friday.
-
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
AdMinistrative Services
FROM: Ted Clas, Purchasing Officer ;I/~
DATE: October 31, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 13, 1990 - SOLE SOURCE PROCUREMENT '.
~Q~IIQB~~EElaBlleIQB~_EgB_EIBE_~EeeBltl~~I
11~~_a~tQr~_~i1~_~QO~1~~1QD~
The City COMMission is requested to approve the sole sourCE?
purchase of six (6) Lifepak 10 Monitor/defibrillators and
four (4) battery support systeMs froM Physio Control
Corporation, at a co.t of $53,220. plus shipping. Per the
BU!get Ofiicer, fU~iSe. fr~~E~.A.~.::~..P.:.tz_-- ...____
( ~ i&j. - !.L'l1.J.- ~ ~.).
- - --- --- - --- - - /JJ i-;;/r 1ft) 1'111, j'ou
aSls1s.SU:QYDg~
On January 9, 1990, City COMMission approved the sole source
procureMent of Lifepak 10 Monitor/defibrillators for the
Fire DepartMent.
Funds were placed in the Fire DepartMent FY 90-91 budget to
purchase additional units utilizing a state EMS Matching
grant. Pricing-for the units is as per attached quotation
frOM vendor.
The firM, Physio Control Corporation is the sole'-sou rCf!
supplier of Lifepak brand Monitor/defibrillators per their
accoMpanying letter.
Bi:~g~O.DgSl:tigD.!
Staff reCOMMends the purchase of six (6) Lifep.k 10
Monitor/defibrillators and four (4) battery support sy-.teMs
be awarded to Physio Control Corporation, as sole source
procureMent, at a cost of $53,220. plus shipping. Funding
as outlined above.
ett2Stl!:~~Dt~1.
MeMO frOM Fire DepartMent
Quotation frOM Physio Control Corp
Sole Source DOCUMentation
ReCOMMendation for January 9, 1990 COMMission Meeting
pc Chief Koen
[IT' DF DELRA' BEA[H
FIRE DEPARTMENT
MEMORANDUM
TO: DAVID HARDIN, CITY MANAGER ('f<
L,J.
FROM: MICHAEL WIGDERSON, ASSISTANT FIRE CHIEF t?~(ivl
//-...1
THRU: KERRY B. KOEN, FIRE CHIEF (J{J2~)
DATE: OCTOBER 29, 1990
SUBJECT: STATE EMS MATCHING GRANT NUMBER 285; FOR THE SOLE SOURCE
PURCHASE OF LIFEPAK 10 DEFIBRILLATORS AND BATTERY SUPPORT
SYSTEMS
Attached you will find two quotes from Physio-Control Corporation.
The first quote is for the purchase of six (6) Lifepak 10 Monitor
Defibrillators and accessories in the amount of $53,200.00. This purchase
will be part of the State EMS Matching Grant which has been approved by the
State Department of Health and Rehabilitative Services; EMS Division,
grant number M-0047 for fiscal year 1990 - 1991. This is a matching grant
with the State and City in the amount of $54,600.00 and is funded in
category #001-2315-526-60-89. The above purchase will leave a balance in
this category that may be used in the future for additional accessories.
The second quote is for four (4) Battery Support Systems for the
Lifepak 10's at a cost of $1,400.00 each for a total of $5,600.00. I have
obtained a quote from Physio-Control allowing us to trade-in our four (4)
existing Lifepak 5 units for four (4) Lifepak 10 Battery Charging units as
an even exchange, which will not incur any cost to the City for this
upgrade in equipment. The Life Pak 5 units will be surplus after the
delivery of the newer equipment.
I had staff obtain an appraisal of the current value of our Life Pak
5's and we feel that Physio-Control's trade in offer is acceptable based on
the market value for used equipment.
I am recommending the purchase of this equipment from Physio-Control
Corporation as a sole source for the Lifepak 10 monitor/defibrillator (See
attached letter).
Your concurrence in this matter is greatly appreciated and if I can be
of any further assistant on this matter, please contact me.
//j/lal~~~~
/I
M.B. Wigderson
Assistant Fire Chief
Attachments
FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444
407/243-7400. FAX 407/ 265-4660
SENT BY:physio Control corr.- ;10-11-90 ;iZ:10PM ; 4049979756'" 407 265 4660;# 1/ 2
~ \,i0fp0f8ra n,.aquI"'
11811 Wlllowl Road Northe..t
Poet 01110. Box 97008 Quotation
Redmond, WA 9&073.8708 USA
Telephone: 2Oe18e74000 No. B 88596
Tel.lt: 8902110 PHYSIO ROMD
Tete!ax: 2Cle/881,24QS
Date: October 11, 1990
To;
Chief Doug Trawick Sales RepresentatIve: Paul Faivre
DeIray Beach Fire Rescue
Phone: (407) 832-0423
FAJ{ # (407) 265-4660 Terms: 100% of Invoice due
30 days after invoice date.
FOB: Redmond, W A
Shipment: 60 Days ARO
Thla quotation Is firm through: Warranty: One year. pa:ts and labor
November 15, 1990 OO'days patient cable and recorder s:y'uS
It.m P.rt Number eelct1ptlon Quantity UnIt PrlotI Total Amount
. .
LIFEPAK 10
1 R0420fl-14 LIFEPAK 10 monitor/deflb with pacer 6 8,025.00 :Jl, 7 ;)0.0
~ 805094-00 FAST-PATCH Adapter, provides hands-off 6 150.00 900.0,
defibrillation capabilities.
3 804545-010 FAST-PATCH defib electrodes (10 ea.) 6 135.00 ~/C
4 805155-00 Carrying Case 6 95.00 570,01
5 9-10424-09 FASTPAK J3ATTERIES - 2 at r\/C per unit purchased 53,220.01
PRICES QUOTED DO NOT REFLECT TAXES
AND SHIPPING CHARGES WHERE APPLICABLE.
A~Il'f'altve "~91lClrg lloorOllCh: :he a:xwe lilJtec eq..Jlc-ne,,\s llva..t.Ole for lea.s. A;; sales ~ax (If ;lppliCal:lle) Will 00 added to tr,e
35 mo~~~ le88e S oe' ""O~l~ purchase price.
- 60 ,""on:~ le88e S C9i rrom'1 Linda Crumley
By.
You car acd a S8'Yice conlrac: for t"e 2'1d (!.~d 3~C yell~! of e.lt'er lease :0 cover serv ce a'l~' :1&
W8~rar11Y perioc lor S per mo~~". Tille: Sales Administrator II
Pl.... addr... P.O... follow.: PHYSIO.CO~7ROL. L1"E"M. CUIKLOCK C"IK.(;HAPGE.
LIFe. PATCH. ~IFESTAT. eMS. \ISlA Il~Cl DE.~V.A wE~ ere
lra;:1e~arks of Pl"ys'o.Co'1I'Oi Co1)OrlllO.,. Speci'ic31 O~8
- PHYSIO-CONTROL CORPORATION llI1::l p'ices S,Jb.QC~ ~a crs..ge ",1t~:J~1 nC~,O!l
1~l7 Ph08~ix Pkw~., Suite 110 Litho In USA FIN !103618.o1 (1188)
anta, 3034 -5559
FAJ< #(404)997-9756
Phone #(404)996-4091
-..---...........- ..
.:lei.. :Jf.pnYSH \,;ontrol l>or~. ; Hl-'11-80 ; 'I i. : 1 url:, . 4u48~i8'/ob- 401 260 4bbO:; 2/ i.
~ "QrpQI'ltl M.loquln. .
11811 WIllow! ROAd North...t
POlt Oftlce Box 97008 Quotation
Redmond, WA 1l8073.Q706 USA
Telephone: 2061867...000 No. B 88597
Telex: 9G0211 0 PHYSIO ROMO
Tel.lll(; 2Oe!881.24Oe
Date: October 11, 1990
To:
Sales Representative: Paul Faivre
Chief Doug Trawick (407) 832-0423
Delray Beach Fire Rescue Phone:
Terms: 100% of Invo!ce due
FAX # (407) 265-4660 30 days alter invoice date.
FOB: Redmond, W A
Snlpme'll: 30 Days ARO
This quotation Is linn through: Warranty: one year, parts ar(.1laOOr
November 15, 1990 SO'days pa:ient cable and r@co'der s:y'i.JS
Item Part Number O.scrlptlon Quantity Unit Price Total Amount
. .
. 801807-12 Battery Support System 4 1,400.00 5,600.0C
1
TRADE-IN on LIFEPAK 5 Monitor/Defibrillator 4 1,400.00 5,600.0C
TOTAL EQUIPMENT -0-
PRICES QUOTED DO NOT REFLECT TAXES
AND SHIPPING CHARGES WHERE APPLICABLE.
A"flrratlve "n9ncl~ aooroact'r T"e iiOOVe I slec flC~lp""ent . 2lia .e::>:e !o: ,fla~e A. sales :9)( (;I liDo'icllbe) w;1I be added to 1h!!
35 IT'on:., lesije S OG" rr.O;lih ;lurcnaSe price,
- 60 IT':)~., lesss S per 'T'Ol'Itl'l Linda Crumley
YOJ ce, add a M'viee eor!ract 10' I~ 2"\C' and 3rc -reer. 0' el:'1e' ItlllSfl :C Cove- serv ce a~ler I,. By
WlI'll'ly ;:J8fiod fer S pe' 110'11:'\. -;-itle: Sales Administrator I I
Pi.... addre.. P,O. as follows; ?"iYSIO'(x)NTRO~, ~I~EPAK. QU:K-_OOK: OUIK:-cNARGE.
.I"E.PA,CH UFESTA"", eMS. VS"" arc OE"lt..'A .E~. ere
:-adefT'B'ks O! Prys.o.cc~t.o Corporlltior Seecl'lcg! o.ne
- PHYSIO-CONTROL CORPORATION iin::l prIces SuO;f/C~ :0 c~snge .....lt~Oul rotee
1777 Phoenix Pkwy., Suite 110 .111'0 ,,., U.S.A PIN 803618-01 (1188)
Atlanta, GA 30349-5559
FAX #(404)997-9756
Phone #(404)996-4091 -. .,.-_. .".....-.- -_.--.~..-
...-.......
SENT BY:physio Control Corp. ;10-25-90 ; 9:09AM; 4049979756-1 407 265 4660;# 1/ 1
J" 'GoHYSIO SoutIMm District Telephone: 404/996-4091
Suite 110 Telefax: 404/997-9756
NTROL 1777 Phoenix Parkway
Atlanta, GA 30349
October 25, 1990
Chief Doug Trawick
~lray Fire Rescue
FAX # (401) 265-4660
Dear Chief Trawick,
Thank you for your interest in the LIFEPAK 10 monitor/defibrIllator from
PHYSIO-CONTROL.
PHYSIO-CONTROL is the world leader in the manufacture of monitor/defi-
brillators. PHYSIO-CONTROL's corporate headquarters are in Redmond,
Washington and a divisional office is located in Atlanta, Georgia.
PHYSIO-CONTROL distributes through a direct sales force. r am the
Representative responsible for your area. All requests for purchase orders
or for sales assistance in the area are directed through me.
PHYSIO-CONTROL Is the sole manufacturer and distributor of the LIFEPAK
10 monitor/defibrillator. The LIFEPAK 10 is the .unit of choice for all of
the EMS providers in your area and is compatible with your existing base
of equipment.
,
We are looking forward to the opportunity to serve your current and future
equipment needs for cardiac care instrumentation. I f there is any other
way I can be of assistance to you, please feel free to contact me. Thank
you again.
Sincerely,
PHYSIO-CONTROL CORPORATION
~
-
Paul Faivre
Account Representative
PF/lc
M E M 0 RAN DUM
TOa MalcolM T. Bi rd , InteriM City Manager
THROUGH: ..John W. Elliott, ..Jr. , Assistant City Manager/
ManageMent Services
FROM: Ted Glas, Purchasing Director ~ft
DATE: DeceMber 20, 1989
SUB..JECT: DOCUMENTATION - CITY COMMISSION MEETING -
..January 9, 1990 - SOLE SOURCE PROCUREMENT -
~Q~IIQBL~~ElaBI~~eIQBS_EQB_EIBE_~EeeBI~~~I
It~~_~~fQ~~_~itx_~Q~~i~~~QD~
The City COMMission is request.d to approve the sole source
purcha~e of two (2) Lifepak 10 Monitor/defibrillators froM
Physio Control Corporation, at a cost of $16,550. plus
shipping. Per the Budget Office funding for this purchase
is frOM account .001-2315-526-60.89 (Fire/EMS Operations -
Capital Outlay - EquipMent - Other) .
,h~~lig~Q~DQl
The Fire DepartMent has subMitted a requisition, and is
requesting sole-source procureMent of two (2 )
Monitor/defibrillators for their paraMedics.
The firM. Physio Control Corooration io;;; 1'hp c:.n 1 "" - en.. rr- ""
M E M 0 RAN DUM
TO: David T. Ha rden, City Manager
THROUGH: Robert A. Barc1nski, Assistant City ManageT/
AdMinistrative Services
FROM: Ted Glas, Purchasing Officer :::f ~
DATE: NOVEMBER 1, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 13, 1990 - BID AWARD
~eIgB_tlgliB~_=_e~~Yeb_~Q~IBe~I
It~~_~~fQr~_~~t~_~Q~~~~~~QnL
The City COMMission is requested to awa rd annua 1 contrt'ic:t
for water Meters to Sunstate Meter t. Supply, I nc . , at an
estiMated annual cost of $80,000. Per the Budget Of&(~r.
M'S fro", , _'t'iL=.1f!~.L::.~.#.k._f,lLIL______ (-ldd:.....iI.. .:
---~ -~--~--------------------)
~g!;;.kgrQYDQ'!
The Water Division has need for an annual contract for water
Meters. The City of Boca Raton has awarded a contract for
Badger Meters to the Florida distributor, Sum.tate Meter t.
Supply, Inc. The City of Delray Beach can purchase Meters
via this contract.
Pric i ng for the various sizes is as per attached copy of bid
quotation page frOM Sunstate Meter t. Supply. Delray Beach
has been using Badger Meters for the past two years.
BgSQ~~gDQgtiQD.!
Staff recoMMends award of annual contract for water Meters
to Sunstate Meter t. Supply, I nc; . , at an estiMated annual
cost of $80,000. via City of Boca Raton Bid. FundinQ as
outlined above.
ettSt.Sh~mDt~u
MeMO frOM Supt. of Water/Sewer Network
DocuMentation on Boca Raton Bid
pc WilliaM Greenwood
Al Monteleone
MEMORANDUM
TO: Ted Glas
Purchasing Director
THRU: Ernest A. Kaeufer {flL /(9 /2 ~!1[
Asst. Director of Environmental Services/PU I..
I ' ()
Larry J. Martin ri"" I j ~
Deputy Director of public Utilities/O / 1/0,1"
FROM: Al Monteleone
Supt. of Water/Sewer Network
SUBJ: BLANKET P.O. FOR WATER METERS; PROJECT #90-36.0
DATE: October 25, 1990
After reviewing our water meter specification and bid and
comparing them to the Boca Raton specification and bid, I
recommend that we buy our meters off of the City of Boca Raton
bid.
Currently, the City of Boynton Beach and the City of Lake
Worth are buying their meters off of their bid and are not having
any problems.
Attached is a letter from Suns tate Meter and Supply, Inc.
agreeing to sell us the meter under Boca Raton's bid.
6bV(4-/~
Al Monteleone
Supt. of Water/Sewer Network
AM: pw
cc: William H. Greenwood, Director of Environmental Services
Ernest A. Kaeufer, Asst. Dir. of Environmental Services/PU
Larry J. Martin, Deputy Director of public Utilities/OM
FILE; AMWAME15 (Meters)
Memos to Purchasing Department
.. ~ - SUNSTATE METER & SUPPLY, INC.
Mailing Address Office & Warehouse
11207 NW. 14th Avenue 1-1222 Nowberry Road
Gainesville, Florida 32606 Gainesville, Florida 32606
OetobM 241 1990
MIL. Ai Mottteleone.
CUy 0. 6 VelJr.ay Beach
210 N.W. 1.6t. Avenue
Ve~ay Beach, Flo~ 33444
Ve.aJl MIL. Monteleone.:
SUJUta.te. Me.teJl & Supply IM:t6 a.waJLded the. WtlteJL MUM eon.tJu1c..t
.to nuJLl'l-Uh Ba.dgVL MdeJl.'.6 to. the Cily 0.6 Baca Ra.tOtt 60lt th~.
p~od On June 15, 1990 to June. 15, 1991. ~dgeA Me.tVL,lne.
ha..6 au;thotUz<!.d SUM.tat:e. MUVL to. o66M. the }'WLltounding wi..u.
.the 0 p:U.o n 0. 6 b(l.lfing thebt. ~eJL mueJL.6 0.66 0.6 .the..iJt eo. n.bt.a.ct
plUce. We, a..t tfUA time, would Like to o6QeA the. C-i.:ty an VeiJt.a.y
Beach the oPPolttunity .to. buy th~ met~ 066 06 Boca. Ratan bid.
Li....6.ted undVt.. the. Ci;tlj 0. 680. c.a Ra..to n .6 pec.-i. 6-i.c.a.-ti.o n.6 , "GenVt..al
Co. nd..i..ti.o M" pMagJu1ph II 5 .
Cantltac.-t TeJtm: ~
TeAm 0.6 c.on-tJuIc..t .61ta.U be. one 11) yeM, c.o.mmenung on aIL abou;t
June I, 1990 and ex.p,uung May 31, 1991. The. CUy ILe..6eJLvU .the IUgh-t
to lLe.new the contlLa.ct 6aIL two. a.d.d..i..:tLona.R. one-ye.aJr.. peJrJ..od..6 pe.mUng a
mu.tua.l aglteemett.t be;twe.e.n .the Cay a.nd .the. vend.olt., and a. Iteviw 0.6
eonVtad peJtoOILmMee by ve.ndolt OOIt. the. pltevlou..6 yelVt.
16 you have. ltnlj QUe6u.On6 c.Gnc..eJLMng .the. above bi..d do nOX hrUi..u.a..te.
to c.o...U. ~. Clvw.e-Lne. R. We..6.t6a.U C. P. M. SUPe.lLv.u 0.)(,., PWtc.w..Lng V-Lv.u.i..o It
Ci;ty 0 6 80. c.a. Ra..to It a.t. 407 - 3 93- 7871 Olt. SUn4 .ta.te M eteJt. & Supply, Inc. . at
1-800-342-3409.
16 .the above plt.Opo4a.l me.W with YOWL appAoval p.e.e.il.4e a.dvl.6e by le..tt.eJt
a.t. YOWL ~e..6~ c.anvenie.nc.e.
Si.J1.c.eJl.ely,
SUNSTATE METER $ SUPPLY, INC.
~~Lv~--
W-U.U.o.m R. Mc..LemolLe
Plt.u.ide.n.t
WRM/ke.
In Florida Toll Free 1-800-342-3409 . Local & Outside Florida 904-332-7106
--
. COUNCIL APPROVAL PROCUREMENT RECO~~ENDATION
.<.
. :.,' ....:.;~-" 'j~:.:\' , . . ::"
- TARGET AGENDA DATE: 6/13/90 . ....:J~lj!;~L~w_--
~ . , '::Ir ,...."- - " ..t-r'.;. ,._,1- ' ~ 0- '. - '0
. - - --- . . .'. -' -- ~
1. Subject: lJ..I"..,... M..t"pr~ "; ,
. ..'" o:_'~ -:~~~:-;~'$}~'~<:: "
2. Department: Public Utilities
.,
3. Procurement Method: Sealed Bid .-, .
,
4. Amount: $125,000.
5. Recommendation: Award contract to the lowest bidder meeting specifications, Sunstate
- Meter and Supply, Gainesville, Florida.
6. HistorY:Sealed bids were opened in the Purchasing Office on May 11, 1990. Twelve vendors
were solicited. Two responded with "no-bids"; four responded with bids. Tabulation
is attached for your review. Bid requested unit prices and salvage values for six
different sizes of positive displacement type (Group I) and turbine type (Group' II)
meters. Contract will provide firm prices on meters thru 5/31/91. Purchases will be
.
made on an "as-needed" basis.
7. Comments: During the review process, Staff documented four reasons for rejecting the
apparent low bidder, Schlumberger Industries (Neptune). Among the reasons- given were:
- History of slow deliveries, unreadable plastic registers, lack of a metal tamper-
- '
resitant sealing device as specified in the bid, and poor performance at low pressure.
8. Account No: 470-422-533-6411 Water/Sewer Operating Fund-Water Network-Water Utility
Services-Water Meters
9. Sav~ngs:
Apprpvals:
Purchasing: .
P.A.I:. Finance:
P.A.II: C.Mgr.:
- P.Sl1pr: o.u.) Vo(-tfo "'-J;S.
Purchasing Memo No: 89/90 - 277
C:
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M E M 0 RAN DUM
TO: David T. Harden, City ManaQer
THROUGH: Robert A. Barcinski, Assistant City Manager/
AdMinistrative Services
FROM: Ted Glas, Purchasing Officer 1%
DATE: NOVEMBER 1, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 13, 1990 - BID AWARD - BID +91-05
eIbe~IIC_e~~~Y~_~B~~~WeY_~_eHe~~_II
It~~_~~fg~~_Cit~_Cg~~i~.iQD~
The City COMMission is requested to award contract to
responsive low bidder, AquaMatic Sprinkler SysteMs, I nc . . in
the aMount of $53)190.85. Per the Budget Officer, fundinQ
i 2t. rOM: -/ii:.t-rjj;..-Mi...-1jj-=---------- (3Q-3.-:..=llYJ:.5J..il::__/P-L~4'1,
(~ ~_,tl~_~i ...M_._______ ) .
B!ll;kg~9YDgJ.
~s;gn!iLgf_Wg.!k
Installation of irrigation systeMS and landscaping of
selected vacant lots fronting on West Atlantic Avenue
located between West 9th Avenue and West 12th Avenue.
Bids for this project were received on October 30, 1990 froM
eleven (11) contractors, all in accordance with City
purchasing procedures. (Bid +91-05. DocuMentation on file
in the Purchasing Office.) A tabulation of bids is attached
for your review.
B!r.\;,9~~.DgsIi.QDJ.
Staff reCOMMends award to low responsive bidder, AquaMatic
Sp ri nk ler SysteMS, I nc . , in the aMount of $53,190.85.
Funding as outlined above.
e:tIsl; t1~~DI~U
Tabulation of Bids
ReCOMMendation froM City Horticulturist
pc Lula Butler
Nancy Davila
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 - ATL. AVE. GREENWAY PHASE II
Date: November 1, 1990
Proposals for Bid II 91-05 for the Landscaping and Irrigation for the
Atlantic Avenue Greenway Plan - Phase II, were opened October 30, 1990. The
three apparent low bidders were Aquamatic Sprinklers in the amount of
$53,190.85, Triple A Irrigation, in the amount of $53,995.42 and Florida
Design Irrigation, in the amount of $58,117.30.
I have reviewed the bids and have found no apparent ommissions or
irregularities, and recommend that the bid be awarded to Aquamatic Sprinkler
Systems, Inc. , in the amount of $ 53,190.85. Funding is available in Account
# 333-4141-572-61.36.
Aquamatic Sprinkler Systems, Inc., has just completed a job for the City on
La Mat Avenue and the City had no problems with the performance of their
work or their ability to complete the work in a timely fashion.
TABULATION OF BIDS
BID '91-05
LANDSCAPING - IRRIGATION ATLANTIC AVE. GREENWAY PLAN - PHASE II
OCTOBER 30, 1990
Aquamatic SJS En~n- Florida Tuttle's Me Coy
VENDOR prises. BI A
LA DSCAPING Sprinkler Trinle A Design Design Irristation
1. BUCIDA BUCERAS 126.00 I 171. 86 I 195.00 I 130.00 I 204.71 /
BLACK OLIVE TREE 9,828.00 13,405.01 15,210.00 10,140.00 15,967.38
QTY. T 8
2, BOUGAINVILLEA Spp, 5.00 I 5.20 I 8.00 I 7.50 I 9.67 I
RED BOUGAINVILLEA 935.00 972.40 1,496.00 1,402.00 1,808.29
QTY. 187
3, CLEAN FILL FOR 3.25 I 3.92 I 6.50 I 6.20 I 4.74 I
CREATION OF BERM 3,224.00 3,888.64 6,448.00 6,150.40 4,702.08
992 CUBIC YDS,
~. ROUGH GRADING, RE- .029 I .03 I .05 I .015 I
"OVAL OF DEBRIS. ETC 2,830.00 2,669.31 2,761. 35 4,602.25 1,380.68
92.0~5 SQ FT
5. FINE GRADING & SOD .13 I .09 I .11 I .12 I . 139 I
INSTALLATION 11,965.85 8,284.05 10,124.95 11,045.40 12,794.26
92,O~5 SQ FT
TOTAL LANDSCPAING
COSTS: 29,190.85 ** 29,219.41 36,040.30 33,340.55 36,652.69
TOTAL LUMP SUM COST
IRRIGATION INSTALLATION 24,000.00 24,716.00 22,077.00 26,671.20 26,000.00
GRAND TOTAL COSTS
LANDSCAPING & $53,190.85 $53,995.41 $58,117.30 $60,011.75 $62,652.69
IRRIGATION:
COMMENTS/EXCEPTIONS
** includes:
108 bags of
mulch at 2.50
or $270.00
& 6 cubic yds
of planting
soil at 23.00
or $138.00
total
TABULATION OF BIDS
BID .91-05
LANDSCAPING - IRRIGATION ATLANTIC AVE. GREENWAY PLAN - PHASE II
OCTOBER 30, 1990
Turf Land EWH Inc. Mac Nursery Jara Landscap Rainblow
VENDOR Inc. D/B/Al d & Irrigation ing Landscaping
LA DSCAPING Suuny an
1. BUCIDA BUCERAS 215.00 / 200.00 / 195.00 I 248.46 I 177.00 I
BLACK OLIVE TREE 16,710.00 15600.00 15210.00 19379.88 13806.00
QTY. 78
2. BOUGAINVILLEA SPP. 14.00 I 7.15 I 8.00 I 7.92 I 8.00 I
RED BOUGAINVILLEA 2618.00 1449.25 1496.00 1481. 04 1496.00
QTY. 187
3. CLEAN FILL FOR 7.25 I 8.00 I 6.50 / 4.40 I
CREATION OF BERM 7192.00 7936.00 6448.00 4364.80
992 CUBIC YDS.
4. ROUGH GRADING, RE- .035 I .045 I .03 I .05 I
MOVAL OF DEBRIS. ETC 3221. 58 4142.03 2761.35 4602.25 16,300 *
92,045 SQ FT
5. FINE GRADING & SOD .1l5 I .11 I .11 I .12 I .12 I
INSTALLATION 10,585.18 10124.95 10,124.95 11045.40 11413.58
92.045 SQ FT
TOTAL LANDSCPAING 40,386.76 39,252.23 36,040.30 40,873.37 * 43,015.58
COSTS:
TOTAL LUMP SUM COST 23,036.00 24,511.00 28,872.80 24,383.41 ** 27,575.00
IRRIGATION INSTALLATION
GRAND TOTAL COSTS $63,422.76 $63,763.23 $64,913.10 $65,256.78 $70,590.58
LANDSCAPING &
IRRIGATION:
COMMENTS/EXCEPTIONS * All water * this total
supplied by City
will be at City' a combination
s expense. of item's 3
**There are 8 & 4
locations be-
tween sidewalk
& curb where pi p~
is to be install l-
ed. These areas
are concrete
drives 15' -24'
long, also swale
on tbe NW corner
of Atlantic and
9tb is covered
with black top
for approx. 200'
TABULATION OF BIOS
BID 191-05
LANDSCAPING - IRRIG~TION ATLANTIC AVE, GREEN~AY PLAN - PHASE II
OCTOBER 30, 1990
VENDOR Stiles
LA DSCAPING Landscape
1. BUCIDA BUCERAS
BLACK OLl VE TREE
QTY. 78 i
2, BOUGAINVILLEA SPP.
REO BOUGAINVILLEA
QTY. 187
3, CLEAN FI LL FOR
CREATION OF BERM
992 CUBIC YDS.
4, ROUGH GRADING, RE-
MOVAL OF DEBRIS. ETC
92,045 SQ FT
5, FINE GRADING l SOD
INSTAlLATION
92,045 SQ FT
TOTAL LANDSCPAING
COSTS:
TOTAL LUMP SUM COST
IRRIGATION INSTALLATION 28.920.00
GRANO TOTAL COSTS
LANDSCAPING l
IRRIGA TION:
COMMENTS/EXCEPTIONS
Incomplete
Bid. vendor
did not sub-
mit costs
for Landscap-
ing.
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER,'J.7t1
SUBJECT: AGENDA ITEM # <g J- - MEETING OF NOVEMBER 13, 1990
APPOINTMENT TO THE BOARD OF ADJUSTMENT
DATE: November 8, 1990
This i tern was deferred from the Special Meeting of November 7,
1990.
It involves the appointment of a regular member to the Board of
Adjustment to fill the unexpired term of Mr. Anthony Veltri who
recently resigned his position. The appointment will be for a
term ending August 31, 1992.
The accompanying backup information provides the name s and
resumes of individuals who have asked to be considered for
appointment to the Board of Adjustment.
Based upon the rotation system, the appointment is to be made by
Seat #3 (Mr. Andrews).
Recommend appointment of a regular member to fill the unexpired
term of Mr. Anthony Veltri on the Board of Adjustment to a term
ending August 31, 1992.
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Alison MacGregor-Harty, City ClerK
FROM: Anita Barba, Board Secretary
SUBJECT: APPOINTMENT OF A REGULAR MEMBER TO THE BOARD OF ADJUSTMENT
DATE: November 8, 1990
This item was postponed from the Special Meeting of November 7, 1990.
With the resignation of Anthony Veltri, there is an opening on the
Board of Adjustment for a regular member.
Robert Moore, an alternate, would like to be considered for the
position of regular member. Milford Ross would like to remain an
alternate. Other persons who have submitted their names and resumes
for consideration are as follows: John G. Baccari, currently serving
as a member of the Board of Construction Appeals, Scott Bechtle, Mark
David, Richard Eckerle, Marc Shepard, Sidney Soloway and Horace
Waldman.
The Board shall consist of five (5) regular members and two (2)
alternates.
In order to qualify for membership, "A member shall either be a
resident of or own property in the City and/or own a business within
the City. Additional qualifications may be established for individual
boards." (This board has no additional qualifications.)
Based upon the rotation system adopted by the City Commission in March
of 1990, the appointment would be made by Commissioner William Andrews,
Seat 1f3.
nnboa.txt
(
, /
/ CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME ~ C:;. ~~
~ -~,~~~
HOME ADDRESS (Street, City, Zip Code) CI: AL RESIDENCE)
CJIX) N.FWC8tA&... ttW-t. eoGA ~
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE . BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IS SERVING '",A.e ., ., ~~.
~p rIP c:ttJltf~ An.-~t GQ8 "~B"'" 11).
~""'I"'" ~O fCN~ ~O t
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) Bdot.~N ~ ~,A... 8C) ,. ~,..,.,
EDUCATIONAL QUALIFICATIONS
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
RIII;. Mt::MmICT , ..1.JWttL, ~~ WC. .,,.... I'J~~~.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Al.F · IIMA.o1tK>
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD IN '.c&Jnt ~. ,,~ ~ ~
~'"Tlwe ~..'fIIiY . d.~. ~
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, A.'iD I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMEN~ I MAY ~ECEIVE. . ~~
i/02/10 /CIiLL JJY'J:1/~dr4 .Ift\ eo,
CI ~ ~8"1 let 'to
DATE 4/90
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME ~/ c..,
-55 / S Z ~ /d 5 ;-... j) 2J,~.AY
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 4#Cf - '1'183 BUSINESS PHONE 2A~- /'1t14
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING 131? A<" H ~J~
16k'~/h4)L 6J:>. C~ ~V!5;-~ '; BOQV'" d. o-t Ire\) 1IS'th-\€ ,,-t
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
I
.~QN~
EDUCATIONAL QUALIFICATIONS .46- Aac.r6 .
/f//~ I} - h..v'J'lt...u
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
-
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ~~~~~~~~~C,
l,,~CL~~7' M~hlDt/.~'- ~ - (~Pb' r P'-VIElt/
, ,.
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD - ~
60~ r--~j .&M,,"'l~~- d7;U~""~'
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. ~~ ~ ~ ~ 11
- Gi. /1/&/90 AJZV.l ~~
_' pt C~ a~ Z", / Ifq()
SIGNA /' DATE ~
4/90
'."';; " ...
-
-
key ~actor studie. and Statement of Work (SOW) adherance to r.-
quir...nt.. Re.poaaibilitie. include all accounting and tax
report preparatioD, contract proposal enhancement. and overall
corporate a~u1stration. This was a one year consultant
agr....nt contract with a prior employer.
CINEMA 'N' DRAFTBOUSE. INC.
Jacksonville. Florida 32211
June Position: President
1981 Operated one of the most profitable movie theatre/restaurant
to coabination franchise operations nationally. Responsible for all
September profit and 10.. accountability. strategic planniDg and administra-
1985 tive op.ratiou. A truly unique and often copied concept. expansion
wa. underway in both the Northeast and Florida market.. All interests
relinqui.h.d October 1. 1985.
THE ClWlTEll COMPANY
CRARTEll SECURITY LIFE. Charter In.urance Group, Inc.
Jacksonville, Florida 32202
October Position: Vice President/Director of Finance and Budgeting
1980 Responsible for all financial reporting aspe~ts of the holding
to company directly supervising full control of nine subsidiaries
March including Charter Security Life Insurance Co. Was instrumental
1982 in profitability studies relating to new product development.
as well as the corporate budgeting process culminating with
the Annual Plan. Was a keynote contributor in the year end
planning and presentation of Board of Directors reports.
Administered monthly financial report presentations of all
subsidiaries and provided executive management studies. Fre-
quently undertook special projects including quarterly operational
reviews and management reports systems (KRS). Participated
actively in aggressive acquisition procurements. Demonstrated.
strong technical proficiency in a "take charge" environment while
adhering to a rigidly structured schedule.
THE PLANNING RESEARCH CORPORATION. Ft. Monmouth. New Jersey and
McLean. Virginia
March Position: Configuration Management Administrator
1979 Responsible for Planning and Contract Support fo~ the Joint
to Interface Task Porce Commander of the Joint Interoperability of
October Tactical Comaand and Control Systems (JITF-JINTACCS). Provided
1980 overall direction for planning test conduct. and measurement
- evaluation for achievement of Compatibility and Interoperability
of the Military Services in a tactical environment. Supervised
automation for monitoring and reporting of test compliance. results
and subsequent recommendations to the Department of Defense (000) and
various National Security Agencies as to test effectiveness.
Additionally restructured and implemented a fully automated financial
reporting system for contract adherence which was subsequently adopted
by the Defense Contract Audit Agency (DCAA). Maintained an extensive
client interface as direct liaison with the Joint Service Office.
Nature of work was sensitive to National security and held a security
-- ~ level at or above TOP SECRET.
CITY OF DELRAY BEACH W ' f j;'/ /qu
BOARD MEMBER APPLICATION
.' .
NAME \w\ ~~ \< 'DA\J \ C
\ i 00 "t>OVe.e. ~ b ~ \ oS AbeL. q.ft.'4 ) \ ~ 4- 5
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
C.l'-V \-\1arL.\.. ,,~O %LUE. ~t.Q.o~ ~L~~\\J\E.Q.~ ~c~
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE . C\C\ ~ -4 't '3 2... BUSINESS PHONE ~ 4\- 5 -4 C " 0
ON WHAT BOARDS ARE YOU INTERESTED I~ SERVI~G
~OAQ..!;) Ol- ~'D-:rvs1' ~~-r
~\\E.. .""'~W ~!.\I\E.~ t.. ~"eA-t.~~c..~
.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
~O~Q.\) O~ ~'b':J"\J~""'e.~.,... 4- 'fE.AClS.
EDUCATIONAL QUALIFICATIONS \'\f\~'T E Q..~ c. \ .,...., ~L."~ ~ \ ~ c..
~hc.~ a.L-t:>Q. ~lc.~ \-rE.c..-r U ~ E..
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
~\c...P - ~....~ ~~~~'~~.{ C~ PL~.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, ~~D POSITION
C'~'t o~ Q.\'I\E~~ &c." - ~e..\.1\.OQ.. ~A~~ e,Q..
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE O~ THIS
BOARD J'
9 ~ o;'E.~s. \cw ~\. Co. \"T'( P UllrW ~ e Q.. ~Q.ct\ \Te.C.,...
(
~e."C.T\~E. ~LL ~ Aoc.E.-r ~ &1=. c:..\,~~ ~L..~ ~ ~ \ \J ~)
S\~E.. 9\..~~ Q..E\J\EW 4- COM.+-\~~ \~"1 f\.,i)E.~Q.J\\J~.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, A~D I AGREE ~~D
UNDERSTAND THAT ANY MISSTATEMENT OF ~TERIAL FACTS CONTAI~ED I~ THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ~~Y APPOINTMENT I ~Y RECEIVE.
~'P.~~ \!. ~qO
SIGNATURE DATE
4/90
CITY OF DELRAY BEACH t&z . f/d3/;tJ
BOARD MEMBER APPLICATION
NAME Richard L. Eckerle
382 S.W. 27th Avenue, Delray Beach, FL 33445
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
retired
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 278-2328 BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED I~ SERVING
.
Site plan review board CC8. \1oard M' ~dJ 0~1"me"'-~
/
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
CAB, alternate member from 11-17-87 to 7-25-89; regular member 7-25-89 to 8-25-91
EDUCATIONAL QUALIFICATIONS
George Washington Iniversity, Business Administration 4 years - 1951
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, &~D POSITION
W.R. Bonsal Co. (cement products) 1951-1984, sales and marketing director
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
With Bonsal company, I was responsible for promoting their
products to distributors, general contractors, architects and engineers; served
on Community Appearance Board from November 17, 1989 until current time
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE A.'iD
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED I~ THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
fiJ",^J t. ~f~ ~t.d- ,).. ~ /9' / cJ
SIGNATURE DATE J
4/90
(
Education:
College: University of Cincinnati 1939-1940
George Washington University 1938-1939
George Washington University 1947-1951
plus special seminars on cement speciality
products and finishes over 33 years, I was
with W.R. BonsaI Co.
Military:
U.S. Army - Counter Intelligence Corp
1942-1945
Professional Experience:
Family business until November 1946, at which
time I returned to college to finish my ed-
ucation
Sales and marketing to the construction
industry with W.R. Bonsal 1951-1984;
Bonsal Co. (1) mines sand and gravel
(2) manufactures cement speciality
products such as tile cements and grouts,
stucco finishes, waterproofing cements,
asphalt mixes, bonding mixes for cements,
concrete mixes, etc.
Community Involvement:
Lived in South Florida since 1955
1- Served on Town Council, Hollywood Ridge
Farms, Broward County for 4 years (now part
of Pembroke Park)
2. Vice-President of Ives Estates Civic
Association, Dade County
3. Elected to Broward County Committee
(Rep.) 4 years
4. Elected to Dade County Committee (Rep.)
and served as Chairman of membership committee
until I moved to Delray Beach in 1979.
5. Served on Palm Beach Republican County
Committee 2 years
(Continued, next page)
(6) In the Wood lake Community, member of Board
of Directors of Homeowners Association, 4 years;
President 1 year
(7) Current President of Men's Club, last 2 years
(8) Member of PROD (Progressive Residents of
Delray) since the group was organized, currently
Vice President
(9) In Broward County, served 2 years on Committee
of Quality Education, appointed by the School
Board to study their total education system, committee
made up of 65 community leaders from geographic areas
(10) Served on Visions 2000 Committee and worked with
Decade of Excellence Bond Promotion
I have enjoyed being a member of the Community Appearance Board the
past 3 years (I have missed only 1 meeting in the past 2 years - I
took a vacation).
I visit and study all location on the agenda before the meetings.
I also attend City Commission meetings, which keep me informed of the
policies and wishes of the City Commission.
, .
CITY OF DELRAY BEACH · C\O
BOARD MEMBER APPLICATION ~ q--
(n QV'C 5"" kapo. rJ ;l.' ~
NAME
;). If&'O :TI.A.N:per Or;ve, Del~i ~ch. 334-4-S-
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
~Me.
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
~.4:.3. - crf'fl S~~
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS AR~ YOU I~EREST~~N SERVIN~ ~ ~~~
~ 1 t;d1uca:tloh J C G ( 0 A I C~
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please inolude dates) NoN4fL
QUALIFICATIONS 8ac~e. bv-
"N J""Q ve r"a. (
.J LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
NoNoC..
GIV~ YOUR PRESENT. OR~HOST RECENT EHJtOYER. AND POSITION _pJ~ ~ ~{
~c. eel Bc a.rcl. ..5.......s+~ ~t~ -re.. e..r- I
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. /J//; , ~U5b. ~
i~,<- ~ /~j 1/ 'f U --f.A'\ L"I .
J .. 7 - 10
SIG TURE DATE
..-
CITY OF DELRAY BEACH
- BOARD MEMBER APPLICATION
SLl1V\e~ S. S 0 'o-W~
NAME
-
--1..S:~~ I'\..{O, \~ ~i-. c.l>JO~ 'Det~1;~ 1> ~4-~r --
HOHE STREET ADDRESS, CITY, ZIP (LEGAL RESI NCE)
- N(:)JaJ~ --
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
-----
~1~-I.,l~ S ~...
HOHE PHONE BUSINESS PHONE
ON WHA~RDS ARE YOU I1ERE~ED ~~ SERVING ~Q.,^~\',^) u.~ )..C'~~~
~- ~C'')CLl} t) ~ tt~ I.l.!.-,.e
YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
'" \"'-'.~i~~"f'",~ur<t~ _a~
-- -
EDUCATIONAL QUALIFICATIONS 1,..~n ~t -
- - --- -
-- -_.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
_____.Ji.~~ ~
------ -
GIVE YOUR PRESE~T, ~ MOST RECENT EMPLOYER, AND POSITION
~!i. \C'r_ e,~~~~
-
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. '-l1~ 0,,- ~ )o..""~~'1 ..... )..ov-.,,~ bo~,
--- -- -
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. , ; /7 () ve;blj ~
~T~----- 1/ ) .oJ J./r,12A.g fl- _
_~JtIiQ_________
DATE
"/
CITY OF DELRAY BEACH
I I.. BOARD MEMBER APPLICATION
. NAME f*of-Ac:...L - ~, W~AJvJ
~s1 S.JJ-yf--r1f- ~f- i ~ 3Jif-~?
~OME ADDRESS 'Street, Cicy, Zip Code) (LEGAL RESIDENCE)
/YotlL
PRINCIPAL BUSINESS ADDRESS (Screec, Cicy, Zip Code)
HOME PHONE fo1- "Vl g -Cfs1 V BUSINESS PHONE tI oHL
ON WHAT BOARDS ARE YOU I~TERESTED I~ SERVING
~ \:lOA, C'S e, ; teO~;Jl\ -fend
( 5 e N' r 0. \ UD fl . ~ d l3 r
, I
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS C') L.-JA5:-~ ~ D uA -rL -
B . ). I H J1 fl fI ES J A-v}lf I HJ fTUrrl 0 H - J1 AJ IJ I- I H
. ~tJHTnl6- .
LIST ANY RELATEDr1ROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD .
LunF1f-O riJBw~ ~l!r-tT7ltI~<ffE.,rJii5hl /
G~E YOUR PRESENT. OR MOrT RECENT EMPLOYER. AND POSITION
U 15J+-~MfM/1 LiVI1/6+rnf/} /'I~( -P4R-nl~
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE O~ THIS
BOARD A-t-H 051 ~ '/ f:.-A f?-.S 0 F- f tl B L-I c- ~ rJ f,rrnl fr-
I H f1 A H i Af--0i- s 0 F- f tI D u rTf-I It{ ~f) 1Tt(~ rI
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PLEAS~'ATTACH A BRt~ RESUME~'(
~K I) a-r t1 ue.-It- ~ A-PlJ
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, A~D I AGREE A.\iD
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAI~ED I~ THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTME~T I MAY RECEIVE.
-~
O~ t /qqo
5 ATURE DATE
4/90
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERJ9/t1
SUBJECT: AGENDA ITEM # '1~ - MEETING OF NOVEMBER 13, 1990
REVIEW AND ACCEPTANCE OF APPEALABLE ADVISORY BOARD
ACTIONS
DATE: November 8, 1990
Section 2.4.7(E) of the recently enacted Land Development Regula-
tions sets forth the process for hearing appeals of actions taken
by an approving board. Such actions will now be reported to the
City Commission on a periodic basis, at which time an appeal may
be initiated.
This is the first time this agenda item has been presented to the
Commission. It will be a recurring item. It is the mechanism by
which the Commission will be kept informed of land use actions
taken by designated boards which may be appealed by the City
Commission. The specific procedure for filing such an appeal is
outlined in the accompanying backup information.
This initial report of appealable land use actions is for actions
taken by the various boards for the period October 1, 1990
through November 12, 1990.
Recommend that the City Commission accept the report and not file
any appeals.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: LEVERETT, ADMINISTRATIVE ASSISTANT III
'- j~~~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 13, 1990
REPORT OF APPEALABLE LAND USE ITEMS, OCTOBER 1, 1990
THROUGH NOVEMBER 12, 1990
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period October 1, 1990 through November
12, 1990.
BACKGROUND:
This is the first time this agenda item has appeared before the
City Commission. It will be a recurring item. It is the method
of informing the City Commission of land use actions, taken by
designated Boards, which may be appealed by the City Commission.
After this meeting, the appeal period shall expire (unless the 10
day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides
that the City Commission hears appeals of actions taken by
an approving Board. It also provides that the City Commission
may file an appeal. To do so:
l. The item must be raised by a City Commission member.
2. A statement of appeal must be made and the item is then
set for consideration at the next meeting of the
Commission.
3. Formal consideration of the land use action at which
time the appeal may be granted, denied, or set for
further consideration.
City Commission Documentation
Meeting of November 13, 1990
Report of Appealable Land Use Items, October 1, 1990
Through November 12, 1990
Page 2
ITEMS SUBJECT TO APPEAL BY THE CITY COMMISSION:
(see attached map for locations keyed by number)
Historic Preservation meeting of October 17, 1990:
* No site pIan, landscape plan, or formal elevation
considerations.
Site PIan Review and Appearance Board meeting of October 10:
* Note: Two landscaping plans and elevation considerations
were before the Board under the pre-LDR regulations. They
are not subject to this appeal provision. They were:
Florida Motor Vehicle Inspection Station (Congress Avenue) ,
The Groves of Delray.
1. Approval of modifications to landscaping and elevations at
the Sherwood Forest Golf Club Recreation Center
(non-impacting site pIan modification).
2. Approval of modifications to landscaping on Lot 1, Corporate
Tech Center (Congress) (non-impacting site pIan
modification) .
Site Plan Review and Appearance Board meeting of October 24:
* Note: Two landscaping plans and elevation considerations
were before the Board under the pre-LDR regulations. They
are not subject to this appeal provision. They were:
Bud's Chicken & Seafood (S.E. 1st St and US 1 ) and Jiffy
Lube.
3. Approval of a Master Sign Program for Delray Town Center,
Phase I.
Site Plan Review and Appearance Board meeting of November 7th:
* Note: There was one landscaping plan and elevation
consideration under the pre-LDR regulations. It was the
revised submission for Jiffy Lube in the Wal-Mart Center.
City Commission Documentation
Meeting of November 13, 1990
Report of Appealable Land Use Items, October 1, 1990
Through November 12, 1990
Page 3
4. Approval of an addition to the entry elevation at Linton
Self Storage (northeast corner of Linton and S. w. 4th
Avenue) .
5. Approval of modifications to landscape materials for a
previously approved landscape pIan for Landings of Delray
(George Bush Boulevard and Andrews Avenue).
Planning and Zoning Board meeting of October 15th:
* All of the items from this agenda were pre-LDR and have
either been acted upon, or scheduled for, City Commission
consideration.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
DJK!#67!CCAPPEAL.TXT
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ON THI DATE IHOWN. IV OHICAl ACTION OF THE elf.. COMMleSION,
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~~
SUBJECT: AGENDA ITEM # Cft3 - MEETING OF NOVEMBER 13, 1990
APPOINTMENT TO THE SPECIAL ADJUSTMENT ADVISORY BOARD
DATE: November 8, 1990
Section 2.4.7(F) (2) (a) of the Land Development Regulations
establishes a Special Adjustment Advisory Board whose purpose is
to review requests for relief from provisions of the LDRs which
are claimed to have been inappropriately enacted. The Board then
recommends disposition of this item to the City Commission. This
body consists of a City Commission member, a Planning and Zoning
Board member, and the Chief Building Official. The Board has a
scheduled life of one year, with a sunset date of September 1,
1991, unless otherwise extended by action of the City Commission.
The action requested of the City Commission is that of appoint-
ment of a Commissioner to serve on the Special Adjustment
Advisory Board.
Recommend appointment of a member of the City Commission to the
Special Adjustment Advisory Board.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: YL LEVERETT, ADMINISTRATIVE ASSISTANT III
- j ~aoL--
FROM: DA ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 13, 1990
APPOINTMENT TO THE SPECIAL ADJUSTMENT ADVISORY BOARD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
appointing a Commissioner to the Special Adjustment Advisory
Board established by Section 2.4.7(F)(2)(a) of the LDRs.
BACKGROUND:
This Board has a life of only one year. It is composed of a City
Commission member, a Planning and Zoning Board member, and the
Chief Building Official.
It is to review requests from provisions of the LDRs which are
claimed to have been inappropriately enacted. The Board then
recommends disposition of the item to the City Commission.
Recommendations could include:
* It is clear that the requirement or change was inappropriate
and/or inadvertent and that an emergency ordinance to
correct the situation should be considered;
* While it is clear that the requirement or change was
intended, the affected party was not afforded an appropriate
forum and thus, the request should be processed through full
procedures but with fees waived;
* It is clear that the action taken in the LDRs was intended
and was appropriately addressed during the review and
adoption process; and that the applicant should petition for
a change in the normal manner. In this case, the request is
denied by the Board.
This Board sunsets on September 1, 1991.
RECOMMENDED ACTION:
By motion, appointment of a member of the City commission to this
Board.
Attachment:
* Page 2.4.84 of the LDRs
(a) Special Adjustment Advisory Board Created: A (
Special Adjustment Advisory Board is hereby created. It shall
consist of the Chief Building Official, a City Commission Member,
and a Planning and Zoning Board Member. The City Commission
Member shall be appointed by the Commission and the Planning and
Zoning Board Member shall be appointed by the Planning and Zoning
Board.
(b) Powers: The Special Adjustment Advisory
Board shall have the power, by a unanimous vote, to place before
the City Commission any provisions of these Land Development
Regulations, including designations on the Official Zoning Map,
which in its judgement were inappropriately or inadvertently
changed or approved.
(c) Procedure: A request for action by the Board
may be made by any citizen or by the City Manager. The request
shall be in writing and shall identify the affected Section, the
regulation or provision, and basis upon which such should be set
aside or amended. The request shall be delivered to the Director
of Development Services who shall present the request to the
Board. The Board shall review the request and either forward it
to the City Commission who may deny the request or effect it
through the adoption of an emergency ordinance, pursuant to
adopted procedures for such ordinances. If the request is not
forwarded by the Board, the applicant may seek relief through the
process of an amendment initiated by the City Commission or the
Planning and Zoning Board and subject to the full hearing
process. In the case of a major amendment the property owner may
pursue rezoning of the property.
(d) . Sunset: Unless otherwise extended by action
of The City Commission to amend this Subsection, the provisions
of Section 2.4.7 shall cease to exist on September 1, 1991.
.'
.
2.4.84
. M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER C9V(
SUBJECT: AGENDA ITEM * t:J C - MEETING OF NOVEMBER 13, 1990
MAJOR SITE PLAN MODIFICATION
DATE: November 9, 1990
This item before you is consideration of a maj or site plan
modification for The Groves. This matter was previously before
the Commission at the October 23rd regular meeting, at which time
a two week continuance was granted at the applicant's request.
The project in question is located along an extension of S.W.
10th Avenue, north of Linton Boulevard and south of S. W. 10th
Street. The proposed modification changes the character of the
development from a 144 unit multiple family townhome development
to a 144 unit two-story rental development. The proposal is to
construct nine ( 9) tow-story buildings, each with 16 units.
There are three types of buildings proposed: Building "A: is a
combination of two and three bedroom units (870 sq. ft. and 1,047
sq.ft.) ; Building "B" is all two bedroom units (870 sq.ft.); and
Building "c" is a combination of one and two bedroom units (640
sq. ft. and 870 sq. ft .) . While this action is being taken under
the pre-LDR development regulations, it should be noted that
under the new LDRs the minimum square footage for one bedroom
units is 800 sq . ft. , two bedroom units require 900 sq. ft. , and
three bedroom units require 1,150 sq.ft.
At their October IS, 1990,meeting, the Planning and Zoning Board
recommended that the site pIan modification be denied by a 3 to 2
vote (Krall, Beer, Purdo affirmative; Currie, Parker opposed;
Naron, FeIner abstaining), based upon the change in housing type
(i.e., smaller units and the inclusion of one bedroom units) and
change from home ownership to rental. There was also significant
opposition from residents of the Woods of Southridge subdivision
which borders The Groves property on the south and east. Ad-
ditional concerns have been raised with respect to potential
adverse impacts on school districts.
There have been recent discussions advanced by the applicant's
representative with respect to a refocus of the project toward
senior citizens on the premise that such a project would tend to
alleviate some of the expressed concerns. If the Commission
feels that such an approach has merit, it would be appropriate
for the matter to be remanded to the Planning and Zoning Board
for further review of the site layout as it would relate to a
senior citizens development as opposed to a family oriented
project. If the Commission does not see merit in such an ap-
proach, then the proposed site plan modification should be acted
upon at this time.
Recommend consideration of the major site plan modification to
the previously approved site plan for The Groves.
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: RYL LEVERETT, ADMINISTRATIVE ASSISTANT III
~ ~~'-.J~
FROM: D ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 13, 1990
MAJOR SITE PLAN MODIFICATION, THE GROVES
(Continued Item)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a major modification to a previously approved
site plan.
The action is being taken under the pre-LDR development
regulations i.e. Chapter 173 of the zoning code.
The project is a proposed subdivision, The Groves. It is
located along an extension of S.W. 10th Avenue, north of
Linton Blvd.
BACKGROUND:
This item was before the Commission at its last meeting. A
continuance was granted at the applicant's request. Please
refer to the previous documentation for project description and
the Planning and Zoning Board recommendation.
During the past week, there have been discussions advanced by the
applicant's representative as to a refocus of the project to
senior citizens on the premises that such a project would not
adversely impact school district concerns and that it would not
adversely affect the stability of nearby residential
neighborhoods. If such an approach has merit in the eyes of the
Commission, it would be appropriate to refer the site plan
modification back to the Planning and Zoning Board in order to
make changes to the site layout which would be more conducive to
a senior citizens development as opposed to a family oriented
development. If the Commission does not see merit in such an
approach, then the item (site plan modification) should be acted
upon at this time.
City Commission Docummentation
Meeting of November 13, 1990
Major Site Plan Modification, The Groves
Page 2
ALTERNATIVE COURSES OF ACTION:
l. Remand to the Planning and Zoning for consideration of new
information.
2. Act upon the project before the City Commission.
3 . Continue for further review of alternative courses of
action.
RECOMMENDED ACTION:
Awaiting further comment from the applicant.
DJK/#74/CCGROVES.TXT
r- '- r1, '\J I ~ l. I \J l:J ~ LUNING BOARD
CITY OF OELRAY BEACH
--- STAFF REPORT ---
MEETING DATE: OCTOBER 15. 1990
AGENDA ITEM: V.B.
ITEM: SITE AND DEVELOPMENT PLAN, THE GROVES, 145 UNIT APARTMENT PROJECT, S.W. 10TH AVENUE
EXTENDED (RESUBMITTAL AND,SITE PLAN EXTENSION REQUEST.
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PA~K EN THIAO ADO "
821 PG.63 .
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3ENERAL DATA:
Owner...........................Roger Boos and Glen Haggerty
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Same as above
Locatlon........................South of Southwest 11th Street
between Southwest 8th Avenue and
Southwest.10th Avenue
Property Slze...................12.09 Acres
#'
CIty Land Use plan..............Resldentlal Medlua DensIty 5-12
UnIts/Acre
CIty zonlng.....................RH (Medlua High to High Density)
in part and RM-15 (Multiple
FamIly DwellIng District) in part
Adjacent Zonlng.................North, East, and South of the
Subject property are zoned R-IA
(Single Faa1ly Dwelling
District) . West is CF (Community
Facilities), SC (Specialized
Commercial), and R-1A.
Existing Land Use...............Vacant land and nursury
Proposed Land Use...............Multiple faaily rental units
Water Service...................To be provided by extentlon of
10" water main along east side of
Germantown Road, and extention of
6" main along portion of
Southwest lOth Avenue.
Sewer Service...................To be provided by an on-site ITEM: V.B.
gravity system which will empty
into a lift station located on
the property In the proximity of
Bessie Street.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation for
the Site and Development Plan for the Groves of Delray, and that
of making a recommendation to the City Commission of whether or
not to grant an extension for the previously approved site plan.
The site is located north of Linton Boulevard, east of S.W. 10th
Avenue extended, south of S. W. 11th Street and west of S.W. 8th
Avenue, and contains 12.09 acres.
BACKGROUND:
This site has an extensive development history which is outlined
in the July 17, 1989 staff report for the Groves of Delray site
and development plan request. That report is available upon
request from the Planning and Zoning Department.
A summary of the more recent history is as follows: A request to
construct 166 townhouse units was submitted in April 1988. This
development proposal was rejected in that right-of-way
dedications for the continuation of S.W. 10th Avenue were not
provided. After resolution of the right-of-way issue, additional
submittals were reviewed by staff and the Board at workshop
meetings. With the resubmittals, density concerns resulted in a
reduction in intensity from 166 units to 144 units.
The site plan was considered for formal action by the Planning
and Zoning Board at its October 17, 1988 meeting at which time
the applicant requested a postponement to redesign the project
based on the Board's comments. A postponement was granted and
the Board considered the request on April 17, 1989, and again on
July 17, 1989 at which time they recommended approval subject to
many conditions. The City Commission approved the site plan on
July 25, 1989. No further action or fulfillment of these
conditions has been undertaken.
Ownership principals were then changed and a request was received
to change the site layout and unit type from owner occupied
townhouses to fIat over flat rental units. Due to the lengthy
review history of the site, the applicant requested a sketch plan
review at the Planning and Zoning Board meeting May 25, 1990 to
identify staff concerns early in the development review process.
Through the review process many concerns were identified such as:
1- Numerous dead-end conditions
2. The fire lane was proposed in the right-of-way for S.W. 10th
Avenue.
4. The design of the entry was directly aligned with an
extension of Bessie Street instead of relating to the
P&Z Staff Report
The Groves of Delray
Page 2
internal road system for the Groves. It was noted that a
different design would require negotiation with the Bessie
townhouse residents.
4. Dedication of 25' of right-of-way for S. W. 10th and 11th
Streets and accommodation of a proper terminus for
Strickland Road.
5. The development proposal incorporated current right-of-ways
of S.W. 12th Street a portion of Strickland Road, and an
ingress/egress easement on the Linton Plat which needed to
be abandoned.
6. Water and sewer plans were not adequately designed.
The Applicant accommodated most of the comments and concerns that
the Board had. The Sketch P Ian was approved with conditions at
the May 24th, 1990 Planning and Zoning Board meeting.
On July 2, 1990, the Florida Housing Finance Agency received an
application for Low-Income Rental Housing Tax Credits from The
Groves of Delray and requested comments from the City. The
request was heard at the July 24th, 1990 City Commission meeting.
The Commission determined that the allocation of tax credits for
this project would be inconsistent with the City's adopted
Comprehensive PIan. At this time, no comments have been received
by the City from the Florida Housing Finance Agency.
The Site and Development plans were submitted for formal review
on August 3rd with the comments addressed from the approved
sketch plan, however staff still had some concerns with the
layout of the site plan with regards to the dead-end conditions,
and C.A.B (Community Appearance Board) comments. The Site plan
was revised and resubmitted on September 26th, 1990 and is now
before you for formal action.
PROJECT DESCRIPTION:
The current development proposal is to construct 144 rental units
to be located in 9-two story buildings. The general layout is one
in which the units are located towards the interior of the site
with the parking to the perimeter along the property lines. The
main entrance is located off of S. W. 10th Avenue with a 24'
ingress lane and a 24' egress lane divided by a median where a
guardhouse is located. A secondary emergency access is provided
at Bessie Street with a knox-box and gate. The development is
totally surrounded with a 6' wall and fence creating a secured
community. The amenity package includes a recreation building
with a maintenance facility, managers office and laundry
facility, a tot lot, pool and tennis court.
All of the proposed buildings contain 16 units. There are 3
building types proposed, Building A is a combination of 2 and 3
bedroom units, Building B is all 2 bedroom units and Building C
P&Z Staff Report
The Groves of Oelray
Page 3
is a combination of 1 and 2 bedroom units. The 1 bedrooms are
640 sq. ft. , the 2 bedrooms are 870 sq. ft. and the 3 bedrooms
are 1,047 sq. ft. .
Under the new LOR'S the minimum square footage would be: 1
bedroom - 800 sq. ft. ; 2 bedroom - 900 sq. ft. and 3 bedroom -
1,150 sq. ft. .
SITE PLAN ANALYSIS:
The site plan has been reviewed using the criteria outlined in
Section 173.867 "Standards for Evaluating Site and Oevelopment
Plan Applications". The revised site plan of September 26, 1990
is the basis of this review.
Standard A (sufficiency of materials)
This standard has been met with an acceptable submittal.
Standard B (impact of the proposed use)
The development proposal presently abuts vacant property to the
west, however there is an approved site pIan for an automobile
dealership to the west and single family uses (R-1A) exist to the
north, east and south. The density of the rental development is
a good transition and buffer between the proposed commercial
development and the Single-family development. Buffering via the
proposed perimeter walls in conjunction with a proposed 30"-36"
hedge and perimeter trees help mitigate impacts of the project on
residential uses to the east.
Standard C (ingress and egress)
Ingress and egress to the development is via an entry from S. w.
10th Avenue. A 52' ingress/egress easement is proposed for two
lanes in and two lanes out divided by an 8' median which widens
out to accommodate a guardhouse. A card entrance gate wil1 be
provided for total security.
The development plan provides a 25' dedication for S. w. 11th
Street and S.W. 10th Avenue. S.W. 10th Avenue will be improved by
this development from Linton Boulevard to the just north of the
entrance. The balance of S.W. 10th Avenue to s. w. 11th Street,
cannot be improved at this time because adequate right-of-way
does not exist. The developer wil1 be required to bond the cost
of improving the roadway to City Standards.
Since a dead end condition will be created north of the entrance,
a T-turn around area on S.W. 10th Avenue just north of the entry
will be necessary.
The six townhouse units located west of Bessie Street are owned
fee simple. These six units were part of a proposed 46 townhouse
development (Linton Forest) approved in September 1982, when the
,-_.-
P&Z Staff Report
The Groves of Delray
Page 4
property was in the County. The original developer only finished
6 units before defaulting on the mortgage. The development upon
completion, would have had access from S.W. 10th Avenue. Interim
access was provided to the six units via Bessie Street to the
east thus utilizing the road system in the Woods of South Ridge.
The Developer of The Groves has indicated if necessary that they
would grant an ingress/egress easement through The Groves and
dedicate it by plat. As currently shown on the site plan Bessie
Street is proposed to be closed off with only an emergency exit
with a knox-box and gate. The Bessie Townhomes would still have
access to the east on Bessie Street.
With the construction of The Groves, the six Bessie Townhouse
units must be provided access to a public street. There has been
some confusion as to the ingress/egress of these six units. The
Woods of South Ridge have indicated that they do not want the six
townhome owners utilizing their subdivision.
The subject property will be required to be replatted for the
following reasons:
1. Dedication of 25' of right-of-way for S.W. 10th Street.
2. Dedication of 25' of right-of-way for S.W. 11th Street.
3. Dedication of 5' of right-of-way for Strickland Road and the
right-of-way to accommodate a cul-de-sac at the terminus of
Strickland Road.
4. The abandonment of existing right-of-ways and Linton Forest
Ingress/egress easement.
S. The property being utilized for the Bessie Townhome parking
lot will need to be deeded from the Groves to the
Homeowners.
As a result of the platting the additional items will need to be
addressed:
1. Developer will be required to Bond the improvement cost for
S. W. 10th street for the portion north of the entrance to
S. W. 11th Street.
2. Per Comprehensive Policy D-1. 1 under the Traffic Element,
all new development shall provide for the installation of
sidewalks. 5' sidewalks are required along S.W. 10th Avenue
and S.W. 11th Street.
P&Z Staff Report
The Groves of Delray
Page 5
3. Sod and irrigation is required from the property line to the
edge of pavement for all public streets or bond that portion
which is to be improved at a later date.
4. Maintenance agreement with the Woods of South Ridge for the
installation and maintenance of the proposed hedge, between
the two developments.
Standard D (off-street parking)
Pursuant to Section 173.773 (2) (c) the proposed 144 rental units
require 276 parking spaces and 72 guest parking spaces for a
total of 348 required parking spaces. A total of 348 are
provided. The Bessie Townhomes currently utilize existing
parking developed as part of the common area of the now defunct
Linton Forest development. As the Bank foreclosed on the balance
of the Linton Forest Development including this common area, the
existing parking area is owned by The Groves of Delray
development. The Groves will provide the required 15 parking
spaces needed for the Bessie Townhomes, upgrade the parking lot
and install the required landscaping. This parcel of land will
be deeded to the Bessie Townhomes, thus no longer being a part of
the Groves.
Standard E (screens and buffers)
The development is proposing a combination 6' solid CBS wall and
a chain link fence around the entire development. The CBS wall
is located along S. W. 10th Street and adjacent to the property
along the Woods of South Ridge. The SPRAB required that along
with the chain link fence that a solid hedge be installed.
Pursuant to Section 152.29 and 152.30, one tree per every 40' on
center is proposed between the right-of-ways and off-street
parking. This landscaping in addition to the wall and fence
perimeter treatment, helps to buffer and screen the adjacent
properties.
Standard F (drainage)
Drainage is proposed via inverted crown of roads and catch basins
which are connected to a storm sewer system which is ultimately
connected to the City's system at Linton Boulevard. It will be
the applicants responsibility for the construction of the line
from the Groves to Linton Boulevard.
Standard G (sanitary sewer)
Sewer service will be provided via a gravity system which flows
into an existing lift station at the east edge of the development
south of Bessie townhomes. The Utility Department has identified
the need to upgrade the on-site lift station and the next lift
station downstream to accommodate the sewage flows from this
development.
P&Z Staff Report
The Groves of Delray
Page 6
Sewer mains are required to be constructed in the right-of-way
via Strickland Road. The installation can be made at the time
Strickland is improved.
Standard H (Utilities)
Water service is proposed via an 8" extension from the existing
10" water main located along the east side of Germantown Road.
The system then provides an internal loop and connects with the
existing 8" water main at Bill Wallace Dodge.
The water plan indicates that 6 fire hydrants are proposed and
located throughout the development for adequate fire suppression.
Standard I (recreation and open space)
The amenity package includes a recreation facility which is part
of the overall clubhouse, a 20'x 35' pool, tot lot and tennis
court. Open space which can be utilized for passive activities
is provided between buildings.
Standard ( J) (Site development deals with overall impact of the
site development)
From a zoning standpoint, the higher density residential use
buffers and acts as a transition zone between the single family
residences and the commercial use to the west.
The applicant has requested from the Florida Housing Finance
Agency to qualify for tax credits, if approved this development
could be considered a low income housing project, which would not
be compatible with surrounding areas and could create the cause
for substantial depreciation of property values.
REVIEW BY OTHERS:
Community Appearance Board:
The C.A.B's preliminary review of this project was August 22,
1990. The Board had the same concerns that the Planning and
Zoning Board had at their workshop. Through extensive work with
staff, a revised plan which addressed the major concerns was
presented to the new SPRAB Board on October 10, 1990. The plans
were approved with the following conditions: dumpster gates to
be shadow box fence or a decorative metal fence; that all the
staff comments regarding landscaping to be incorporated into the
plans, and are attached as conditions of this approval.
TECHNICAL REVIEW ITEMS:
1. The subject property is required to be replatted.
P&Z Staff Report
The Groves of Delray
Page 7
2. The project will have to provide construction of the roadway
for S.W. 10th Avenue to Linton Boulevard. Plans should so
note.
3. Manholes on the north side (S.W. 11th Street) must be
stubbed out to the north for future connection.
4. The lift stations will need to be upgraded to meet Utility
Department Standards.
5. Install a new valve at the connection to Bessie Street.
6. Install one isolation valve at the Tee connection, north of
Building "A".
7. Check all fire hydrants for proper height. Where a curb is
present or parking island exists, the fire hydrant may have
to be 6" higher.
8. Install an isolation valve at fire hydrant #2.
9. Indicate the swimming pool setback distance. It cannot be
located less than 15' from the street right-of-way line.
10. Show all building setback distances. A minimum distance of
25' is required for all buildings to the access road (when
platted the access road becomes an ingress/egress easement).
LANDSCAPE REVIEW ITEMS:
1- Although some of the existing Slash Pines are scheduled to
be saved, it appears that additional pines could be saved on
the property.
2. Provide proper turning radii on all landscape islands.
3. Ground cover around the foundation of the 1 & 2 bedroom unit
on sheet 3 of 6 seems to have been omitted. Please specify.
4. The dumpster on the S.E. corner of the property has not been
screened.
5. Landscaping is shown off site on the Woods of South Ridge
property. Please clarify who will be responsible for the
maintenance. A separate maintenance agreement may be
necessary.
6. Per 159.27(0) provide a note that irrigation will be a
source other than City water.
7 . Per 159.29(B) provide sod and irrigation to the edge of
pavement adjacent to all rights-of-way.
P&Z Staff Report
The Groves of Delray
Page 8
8. Per 159.29(A)(2) a hedge or wall shall be placed along the
interior perimeter of the required landscape strip adjacent
to public rights-of-way.
9. Per 159.30 a landscape barrier, preferable a hedge, shall be
planted within the required landscape strip between the
off-street parking area or other vehicular use area and the
abutting property.
10. The SPRAB should be made aware of the fact that the
applicant is proposing a chain-link fence along all property
boundaries except for S.W. 10th Avenue, where a C.B.S. wall
is specified.
ASSESSMENT:
Prior to this development moving forward, the subject property is
required to be platted. The plat will address major items such
as easement locations, access and right-of-way dedications,
abandonment of easements and off-site improvements.
The subject property has been before the Board on numerous
occasions, and through the extensive review process, the site and
development proposal before you has now addressed most of the
concerns which the Board members may have had in the past.
In general the layout of the site plan provides for the health,
safety and welfare of its residences, by providing a safe traffic
flow pattern, an amenity package and a totally secured
development.
At the Boards Discretion, it will be necessary to determine if
the site plan will be compatible and harmonious with adjacent and
nearby properties and the City as a whole, so as not to cause
substantial depreciation of property values.
ALTERNATIVE ACTIONS:
1- Continue with direction and concurrence.
2. Recommend denial based upon an inability to make a positive
finding pursuant to Section 173.867 "Standards for
Evaluating Site and Development Plan Applications" for
Standard J.
3. Recommend approval for the Site and Development plan for The
Groves of Delray with positive findings with respect to
consistency with Section 173.867 "Standards for evaluating
Site and Development Plan Applications with conditions.
P&Z Staff Report
The Groves of Delray
Page 9
RECOMMENDED ACTIONS:
By separate motions:
1- Recommend approval for The Groves Of Delray with positive
findings with respect to consistency with Section 173.867
"Standards for Evaluating Site and Development Applications"
with the conditions set forth below:
a. The subject property is required to be replatted.
b. As a result of platting, all off-site improvements,
(ie: water, sewer, roads, etc. ) to service this site
shall be required.
b. Technical Review Items 1-10 be incorporated in the
plans.
c. Landscape Review Items 1-10 be incorporated in the
plans.
2. Recommend approval for the extension of the previously
approved Site and Development plan. The extension shall be
valid for 18 months after City Commission approval.
REF:A:GROVES3.TXT/#4
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER(~
SUBJECT: AGENDA ITEM :it tt 1> - MEETING OF NOVEMBER 13, 1990
LOWSON BOULEVARD TRAFFIC CONCERNS
DATE: November 9, 1990
Representatives of the Homeowners' Associations interested in the
traffic issues in the Sherwood Park area met several times over
the last month. Through negotiations, these representatives
agreed to a list of seven action items that they support and are
recommending to City Commission for approval. A copy of the
agreement and the recommended actions is provided as backup.
Staff recommends approval of actions 2-7, except we question
striping of Sherwood as local streets are not normally striped.
We recommend disapproval of action 1.
Our con suIting engineers, Kimley Horn, recommended against
putting up stop signs as a traffic control device. The requested
stop signs do not appear to be warranted under the Uniform
Traffic Control Devices Manual (copy attached). Installing them
may, therefore, be a violation of Chapter 316, Florida Statutes.
Our attorneys should be able to comment further on this issue at
the Commission meeting.
Unwarranted multiway stop signs are not recommended for the
following reasons:
(1) The public recognizes the signs are not warranted. As a
result, they are frequently ignored and disdain for the law is
increased.
(2) While speeds are decreased in the vicinity of the stop sign,
speeds between the signs increase as drivers attempt to make up
for time lost by stopping.
(3) Fuel is wasted.
November 5, 1990 I
To: Mayor and Commissioners of Delray Beach;
On October 29th, 1990 a meeting was held by representatives of the
communities surrounding Lowson Blvd.
The objective of this meeting was to arrive at an agreed to list of
proposed actions, that might be taken, to help alleviate the traffic
flow through Sherwood Park.
The following is an agreed to list of actions fully supported by the
undersigned representatives. We hope that the Mayor and Commissioners
will give these items serious consideration.
l. Put Stop signs at Sutton & Lowson, Lancaster & Lowson, Sutton &
Sherwood, and Lancaster & Sherwood.
2. Have Police enforce traffic regulations on streets through Sherwood
Park as any other residential neighborhood.
3. Perform traffic counts from time to time after Shopping Center(s)
open at Linton & Military. These traffic studies can be performed
in-house.
4. Strictly enforce No Thru Trucks.
5. Put No Passing signs as appropriate in Sherwood Park.
6. Paint solid Yellow lines (no passing) on both streets - Lowson &
Sherwood.
7. Speed limit to be put up to 30 MPH.
Thank you for giving these suggestions your
L~~~6 xti ///; h"
Date
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,
Date ~~~N~ #/tf7"v
Ita
a.9o lX1.( fl. If
.~~ /J 1:./ '1V
mperial Fairways ' D te
,<<d~ j{' ~
r-).. . ~ .< '/'
/1- f-f/{J t:c "1,,,,/l ' ~ ua //- 9' -- 5?L')
Lakeview Civic Date oodlake Date
Association
cc: David T. Harden - City Manager
Jeff Kurtz - City Attorney
~
", l l
op is not necessary at all times. Periodic reviews of existing installatio s ~-... Ie) I
1
e ma be desirable to determine whether, because of changed condit' ns, ft. 3 j
theu of less restrictive control or no control could accommodate raffie
deman afely and more effectively.
STOP s s should never be used on the through ro i:lways of
expressways. roperly designed expressway interchanges pr vide for the
continuous flo f traffic, making STOP signs unnes even on the
entering roadways. Where at-grade intersections are te rarily justified
for local traffic in sp ely populated areas, STOP sig should be used on
the entering roadways t rotect the through traffic TOP signs may also
be required at the end of erging roadways at t intersection with other
highways not designed as ex sways. In mos of these cases. the speeds
will not warrant any great incr e in the si sizes'.
STOP signs shall not be erecte at int sections where traffic control
signals are operating. The eontlietin c mmands of two types of control ;
devices are confusing. If traffic is re ed to stop when the operation of
the stop-and-go signals is not w ante the signals should be put on
flashing operation with the red ashing lig t facing the traffic that must
stop.
Where two main highw s intersect, the S P sign or signs should
normally be posted on t minor street to stop t e lesser flow of traffic.
Traffic engineering stu les, however, may justify decision to install a
t STOP sign or signs n the major street, as at a tli -way intersection
where safety cons. erations may justify stopping th greater flow of
traffic to permit left-turning movement.
STOP sign ay be used at selected railroad-highway g de crossings
only after t ir need has been determined by a detailed traffic ngineering VlII-5 Ie)
Rft.2
study. U of the STOP sign at railroad-highway grade cr sings is
descri in Section 88-9.
Po able or part-time STOP
gency purposes. Al T
28-6 Multiway Stop Signs
The "Multi way Stop" installation is useful as a safety measure at some
locations. It should ordinarily be used only where the volume of traffic on
the intersecting roads is approximately equal. A traffic control signal is
more satisfactory for an intersection with a heavy volume of traffic.
Any of the fonowing conditions may warrant a multiway STOP sign
, <~~ installation (sec. 28-4):
1. Where traffic signals are warranted and urgently needed, the
jj. /~" multiway stop is an interim measure that can be installed Quickly to
c'~~ol traffic while arrangements are being made for the signal t
:}~iDstauation. ;,
,p ~. Iii-, ':. " ';:1
S ;
28-3 Rev. 9/84
~-_.. -.,~-_._-~,.
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. . . ..
2. An accident problem, as indicated by five or more reported accidents
I of a type susceptible of correction by a multi way stop installation in a <<
I - 12-month period. Such accidents include right- and left-turn collisions as
weD as right-angle collisions.
I 3. Minimum traffic volumes:
(a) The total vehicular volume entering the intersection from all
I approaches must average at least 500 vehicles per hour for any 8 hours of
an average day, and
(b) The combined vehicular and pedestrian volume from the minor
street or highway must average at least 200 units per hour for the same 8
hours, with an average delay to minor street vehicular traffic of at least 30
seconds per vehicle during the maximum hour, but
(c) When the 85-percentile approach speed of the major street traffic
exceeds 40 miles per hour, the minimum vehicular volume warrant is 70
percent of the above requirements.
B- 7 Yield Sign (RI-2)
YIELD sign assigns right-of-way to traffic on certain approach to
an inter tion. Vehicles controlled by a YIELD sign need stop on when
necessary avoid interference with other traffic that is given th right-of-
way.
The YIELD gn shall be a downward pointing, e ateral triangle
having a red bord band and a white interior and the ord YIELD in red .
inside the border ba d. The standard size shall be x 36 x 36 inches.
for Yield Signs
sign may be warranted:
I. At e entrance to an intersection where it is n essary to assign
-way and where the safe approach speed on the e trance exceeds ,,-~
Aew.-.
es per hour, -
. On the entrance ramp to an expressway where an accelerat
t provided,
28-.
--~--------
CITY OF DELRAY BEACH, FLORIDA- CITY COMMISSION
REGULAR MEETING - NOVEMBER 13, 1990
COMMISSION CHAMBERS
ADDENDUM NO. 1
Please be advised that if a person decides to appeal any decision made
by the Ci ty Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these proceed-
ings, 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 prepeare such record.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.M. CHANGE ORDER NO.1: Approve Change Order No.1, in the amount
of $68,628 to the contract between the City and Johnson and Davis, Inc.,
for expanding the scope of work to the S.E. 1st Street Drainage
Impovement project. Funding is to corne from the Poposed 91 Bond Issue
($500,000) .
/' ....
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'----./' ~' -
. .
Agenda I tem No. :
AGEBDA DOOBST
Date: November 13. 1990
Request to be placed on:'
xx Regular Agenda Special Agenda Workshop Agenda
When: November 13, 1990
Description of agenda item (who, what, where, how much): Request City Commission
to expand the Scope of Services by approving Change Order #1 to Johnson and Davis. Inc. Proiect - S.E. 1st
Street Drainage Improvements Bid No. 90-74; in the amount of $68,628.00. Work involves the addition of
four (4) fire hydrants and the addition of aooroximatelv 400 LF of 16" waTAr m,,;n ProDosed fllndinQ ~nllrces
are as follows: $8500 extraction from Bud's Chicken for a water line and fire hvdrant plu~ $60,1QR frnm the
1990 Line of Credit 444-5164-536-61.62 Contingency to be reimbursed by the Proposed 1991 Utility Revenue Bond
ORDIRARCBI RESOLUTIOR REQUIRED: YES/NO Draft Attached: YESlNO
account number to be supplied by Budget Officer.
Recommendation: Staff recommends City Commission to expand the Scooe of Service~ by apprnving Change
;." Order #1 to Johnson & Davis. Inc. in the amount of $68.698.00. The City will hp r~~~;v;ng $A,~nn ~^n~~;bution
towards this 16" water transmission main from Bud's Chicken. This aQreement states the City wnuld in~tal1 this
water line prior to January 1991. This is part of the Atlantic Avenue Subaqueous Intracoastal Crossina
Project. We have split this project into two segments to coordinate construction of the water line with the
60" storm sewer ~roject (Le. Decade of Excelle Project) and o accommodate Bud's Chicken proposed project.
Department ead S1gnature:
The additional four (4) fire hydrants were requested by Fire Chief Koen to reinforce fire protection in this
D~~~t~~r~~'Consistency with Coaprehensive Plan: Water Ma~ter Pllln llpdlltp
"'!' Part II Storage pumping and distribution prepared by PBS&J.
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~ NO (/1/1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
I ~
.
. -
,
CHANGE ORDER
.
No. 1
Dated October 29, 1990 , 199.a-
I
Project No. 06-22-90-DB Bid f190-74
Project Name: . SE 1st Street Drainage Improvements
.
~
oWner: City of De1ray Beach, Florida
Contractor: Johnson and Davis, Inc.
Contract Date: August 29, 1990
-
To: Johnson and Davis, Inc. , Contractor
y~u are directed to make the following changes in the subject contract:
ArlnHion of aooroxiInately 400 L.F. of 16" CL52, crossing U.S. 1 North and
South bounds, and installing four hydrants per Fire Department request.
.
I
,
, , .
which changes are more speCifically described in the attached ame,nded plans, drawings, and
specifications.
The reason for. the change is as follows: The water main unit prices are fairly low
.
Ann water mains need to be exteddedimmediate1y for improving fire supression for
new developments.
. ......
The contract price and contract'time shall be adjusted because ot such changes as follows:
A~ Contract Price
L Contract price prior to this change Order: · $170,150.00
Page One of Two Pages
.
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" CHANGE ORDER '.....1-
- . " . " -.t'._ '-"" .........". ,._".-...
.' - ..-.... ,- .-....-..,..
- _.-
2. Net increase resulting from this change order: $68.628.00
..
3. Current contract price including this change order: $238.778.00
, B. . Contract Time .
,"
I 1. Contract time prIor to this change order: 120
~.;
" 2. Net Increase resulting from. this change order: 45
3. Current contract time including this change order: ,
. . ~65
.
" .
. '. City of Delray Beach, Florida, OWNER
.
, .
. By:
. '
Attest:
City Clerk
City of Delray Beach
-
Approved as to form:
City Attorney
.
.
The above changes are accepted on , 198_. I understand that all the
provisions of the Contract Document related to Project No.. . which are not
inconsistent wIth. the terms of ":this Change Order shall remain in effect and apply to all work
undertaken pursuant to this Change Order.
.
Witness:
I
. , CONTRACTOR
. ,
By:
As to Contr-8.ctor Title
.
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.
paqe TWo of Two Pages
.
.
J - D
JOHNSON.DAVIS INC.
HEAVY CONSTRUCTION <if~ UNOERGROUNO UTILITIES
604 HILLBRATH DRIVE
LANTANA, FLORIDA 33462
407.588.' '70
October 16, 1990
Mr. George Abou-Jaoude
Deputy Director of Environmental Services/Projects
City of Delray Beach
434 S. Swinton
Delray Beach, FL 33444
RE: SE 1ST STREET
(SE 6TH AVENUE EAST TO INTRACOASTAL WATERWAY)
Gentlemen:
We respectfully submit the following request for change order to
our contract. The request is based on field meeting, quantities
by Johnson-Davis Inc.
WATER DISTRIBUTION
Connect to Existing 6" H2O 1 EA @ 1300.00 EA 1,300.00
FAW/6" GV & Fire Hydrant Extension 4 EA @ 1800.00 EA 7,200.00
6" DIP CL 52 107 EA @ 16.00 EA 1,712.00
6" GV (if & where) 1 EA @ 360.00 EA 360.00
Additional Pavement Restoration 60 SY @ 28.00 SY 1,680.00
$12,252.00
Additional contract days: 15 calendar
If we may be of any further assistance, please contact our office
as soo as o sible to expedite material procurement.
SJJ:jp
. r ~}1(:)
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J - 0
-
JOHNSON.DAVlS 'NC.
HEAVY CONSTRucnON ~_,a.."'''''N UNDERGROUND IJTIUTIES
&04 HILL8AATli DRIVE
LANTANA. FLORlOA 33482
~7""l1ro
~ovember 12, 1990
Mr. George Abou-Jaoude
Deputy Director of Environmental Services/Projects
City of De~ay Beach
434 S. Swinton
De1ray Beach, FL 33444
RE: SE 1ST STREET (STA 32+03 WEST TO STA 36+17)
Gentlemen:
We respectfully submit the following request for change order to
our contract. The request is based on field meeting and plans by
Post Buckley Shuh & Jernigan, dated September 6, 1990, quantities
by Johnson-Davis Inc.
ITEM QUANTITY UNIT PRICE AMOUNT
1) 16" CL 52 97 LF @ 30.00 LF 2,910.00
1) 168 CL 52 Rest. Joint 317 LF @ 38.00 LF 12,046.00
2) Air Release Valve & MH 1 EA @ 2400.00 EA 2,400.00
2} a- GVW/Box 2 EA @ 460.00 EA 920.00
2) S- CL 52 DIP SO LF @ lS.00 LF 900.00
2) 2. Blowoff 2 EA @ SOO.OO EA 1,000.00
1) Asphalt Restoration 275 SY @ 2a.OO SY 7,700.00
2) Concrete SW Replacement 20 LF @ 15.00 LF 300.00
2) Connect to Existing 1 EA @ 3400.00 EA 3,400.00
3) Jack & Bore u.S. 1 2 EA @12400.00 EA* 24,800.00
$56,376.00
* Jack & Bore inc~udes 150 LF of 30. steel casing per DOT
specifications.
1) Unit price. extension per contract
2) Competetive :fair market unit pr~ce
3} Does not include asphalt overlay ~f required
Additional contract days, 30 calendar
If we may be of any further ass~stance, p~.ase contact our off~ce
a. soon as poss~b~e to expedite material procurement.
SaJ%
~~v/.
Robert E. Spin
Vice Preaident
..
8.13 tio
(;~' ~A-I; ~
__ L
, .
Agenda Item No.:
AGEBDA REQUEST
Date: November 13, 1990
Request to be placed on:'
xx Regular Agenda Special Agenda Workshop Agenda
When: November 13, 1990
Description of agenda item (who, what, where, how much): Request City Commission
to expand the Scope of Services by approving Change Order #1 to Johnson and Davis. Inc. Proiect - S.E. 1st
Street Drainage Improvements Bid No. 90-74; in the amount of $68,628.00. Work involves the addition of
four (4) fire hydrants and the addition of aooroximatelv 400 LF of 16" w~rpr m~;n Prooosed funding Rources
are as follows: $8500 extraction from Bud's Chicken for a water line and fire hydr~nt pllfR $60,lQR from the
1990 Line of Credit 444-5164-536-61.62 Contingency to be reimbursed by the Proposed 1991 Utility Revenue Bond
ORDIHAHCEI RESOLOTIOH REQOIRED: YES/NO Draft Attached: YES1NO
account number to be supplied by Budget Officer.
Recommendation: Staff recommends City Commission to expand the Scooe of Servir.eR by ~DDroving Change
"". Order #1 to Johnson & Davis. Inc. in the amount of $68.698.00. The City will hp rp~p;v;ng $R_~nn ~nnrr;bution
towards this 16" water transmission main from Bud's Chicken. This aQreement RtateR the City wOlfld in"'r~ll this
water line prior to January 1991. This is part of the Atlantic Avenue Subaqueous Intracoastal Crossino
Project. We have split this project into two segments to coordinate construction of the water line w;rh the
60" storm sewerd:roject (i.e. Decade of Excelle Project) and o accommodate Bud's Chicken proposed project.
Department ead Signature:
The additional four (4) fire hydrants were requested by Fire Chief Koen to reinforce fire protection in this
De~~~~~~r~~'Consistency with Coaprehensive Plan: Water Ma",ter P1 ~n I'Dd~rp.
~ Part II Storage pumping and distribution prepared by PBS&J.
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involvinq expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Aecount Balance:
City Manager Review:
Approved for agenda: G NO f111
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
I ~.
.
- -.
.
CHANGE ORDER
.
No. 1
Dated October 29, 1990 , 199.s:L .
I
Project No. 06-22-90-DB Bid IJ90-74
Project Name: SE 1st Street Drainage Improvements
.
....
OWner: CIty of Delray Beach, Florida
Contractor: Johnson and Davis, Inc.
Contract Date: August 29, 1990
-
To: .1ohnson and Davis, Inc. , Contractor
y~u are directed to make the following changes in the subject contract:
Annit-inn of aooroxilnate1v 400 L.F. of 16" CL52, crossing U.S. 1 North and
South bounds, and installing four hydrants per Fire Department request.
,
.
I
,
.
which changes are more specifically described in the attached ame.nd~d plans, drawings, and
specifications.
The reason for, the change is as follows: The water main unit prices are fairly low
.
Ann water mains need to be exterldedimmediately for improving fire supression for
new developments.
. '.-.
The contract price and contract time shall be adjusted because of such changes as follows:
A~ Contract Price
L Contract price prior to this change Order: · $170,150.00
Page One of Two Pages
.
" ,.~,-:..-<-,~..,,-,~.-~."- ~', - " -.., -, .',. -. - - - .-.--'
,..,.,-- , .
.
J - D
JOHNSON.DAVIS INC.
HEAVY CONSTRUCTION <if~ UNDERGROUND UTILITIES
604 HILLBRATH DRIVE
LANTANA, FLORIDA 33462
407.588.1170
October 16, 1990
Mr. George Abou-Jaoude
Deputy Director of Environmental Services/Projects
City of Delray Beach
434 S. Swinton
Delray Beach, FL 33444
RE: SE 1ST STREET
(SE 6TH AVENUE EAST TO INTRACOASTAL WATERWAY)
Gentlemen:
We respectfully submit the following request for change order to
our contract. The request is based on field meeting, quantities
by Johnson-Davis Inc.
WATER DISTRIBUTION
Connect to Existing 6" H2O 1 EA @ 1300.00 EA 1,300.00
FAW/6" GV & Fire Hydrant Extension 4 EA @ 1800.00 EA 7,200.00
6" DIP CL 52 107 EA @ 16.00 EA 1,712.00
6" GV (if & where) 1 EA @ 360.00 EA 360.00
Additional Pavement Restoration 60 SY @ 28.00 SY 1,680.00
$12,252.00
Additional contract days: 15 calendar
If we may be of any further assistance, please contact our office
as soo as o sible to expedite material procurement.
SJJ:jp
. J- '9,qD
~\" ~ cf'
- -..'.-c-......,...,.., .., "-" . -.. "'~'" _.~ ",'
J - D
-
JOHNSON.DAVlS INC.
HEAVY CONSTRUCTION ~ UNDERGROUND I]TIUTIEs
&04 HILLSAATH ORlve
LANTANA. FLORlOA 3348Z
.07-688-1170
~ovember 12,' 1990
..
Mr. George Abou-Jaoude
Deputy Director of Environmental Services/Projects
City of Delray Beach
434 S. Swinton
De1ray Beach, FL 334.44
RE; SE 1ST STREET (STA 32+03 WEST TO STA 36+17)
Gentlemen:
We respectfully submit the following request for change order to
our contract. The request is based on field meeting and plans by
Post Buckley ShUh & Jernigan, dated September 6, 1990, quantities
by Johnson-Davis Inc.
ITEM QUANTITY UNIT PRICE AMOUNT
1) 16ft CL 52 97 LF @ 30.00 LF 2,910.00
1) 16" CL 52 Rest. Joint 317 LF @ 38.00 LF 12,046.00
2) Air Release Valve & MH 1 SA @ 2400.00 EA 2,400.00
2) 8- GVW/Box 2 EA @ 460.00 EA 920.00
2) S- CL 52 DIP SO LF @. 1S.00 LF 900.00
2) 2- Blowoff 2 EA @ 500.00 EA 1,000.00
1) Asphalt Restoration 275 SY @ 28.00 SY 7,700.00
2) Concrete SW Replacement 20 LP @ 15.00 LF 300.00
2) Connect to Existing 1 EA @ 3400.00 EA 3,400.00
3) Jack & Bore u.S. 1 2 EA @12400.00 EA* 24,800.00
$56,376.00
* Jack & Bore inc~udes 150 LF of 30. steel casing per DOT
specifications.
1) Unit price,extension per contract
2) Competetive fai.r market uni.t price
3) Does not include asphalt overlay if required
Additi.onal contract days~ 30 cal.endar
If we may be of any further assistance, please contact our off~ce
as soon as possib~e to expedi.te material procurement.
s~
r~v/.
Robert E. Spin
Vice President
.,
8,lJt10
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!IJv1
SUBJECT: AGENDA ITEM # ~~ - MEETING OF NOVEMBER 13, 1990
REQUEST FOR CONDITIONAL USE APPROVAL
DATE: November 9, 1990
This item before you is consideration of a conditional use
request and attendant site pIan for the establishment of a Jiffy
Lube at the northeast corner (outparcel) of the Wal-Mart Plaza
10cated on the west side of Military Trail, south of Linton
Boulevard.
The Planning and Zoning Board reviewed this item at its meeting
of October 15, 1990, and recommended denial because of incompat-
ibility of the site layout with respect to Military Trail
(primarily bay doors facing Military Trail). Subsequent to this
recommendation, the applicant has made a resubmission which
involves site redesign so that the bay doors do not face Military
Trail. There is a request for the matter to be remanded to the
Planning and Zoning Board for consideration of this new informa-
tion.
However, it is first necessary and appropriate that the Commis-
sion make a finding as to the appropriateness of the use itself.
If the Commission is receptive to the use, the matter should be
remanded to Planning and Zoning for addi tional review. If the
Commission is not receptive to the use, the matter should be
forma1ly addressed and action taken at this time.
More detailed site information is provided in the accompanying
backup information.
Recommend remanding the request for approval of a conditional use
request and attendant site pIan to the Planning and Zoning Board
for consideration of the revised site plan.
C I T Y COMMISSION DOCUMENTATION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
CJ~j~tXW-
FROM: DA ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 13, 1990
CONSIDERATION OF A CONDITIONAL USE REQUEST AND
Arr-rENDANT SITE PLAB -- JIFFY LUBE ON MILITARY TRAIL
ACTION REQUESTED OF THE COMMISSION:
The action before the City Commission is that of approval of
a conditional use request and attendant site plan. The
action is being taken under the pre-LDR Development Regulations
i.e. Chapter 173 of the Zoning Code.
The project is for the establishment of a Jiffy Lube at the
northeast corner (outparcel) of the Wal-Mart Center
(Military Trail, south of Linton).
*** There is a request for remanding to the Planning and
Zoning Board for site redesign. ***
BACKGROUND:
This item was submitted prior to the new LDRs and is thus
governed. by previous regulations. The use is allowed only as a
conditional use.
The face sheet of the P&Z Staff Report, a copy of the site plan
as reviewed by the P&Z Board, and a copy of the resubmittal are
attached for your information.
After receiving a recommendation of denial from the Planning and
Zoning Board, the applicant inquired about the possibility of
redesign so that the bay doors do not face Military Trail. With
that option available, the applicant has made a resubmission
which is currently under review and (if remanded) will be acted
upon by the Board on November 19th.
It is necessary and appropriate that, if the City Commission is
recepti ve to the use, the item be remanded for the Board to view
new information. If the COlDIDission is not receptive to the use,
that matter should be formally addressed and action taken at this
time.
City Commission Documentation
Consideration of a Conditional Use Request and
Attendant Site Plan -- Jiffy Lube on Military Trail
Page 2
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and zoning Board formally reviewed this item at it's
meeting of October 15, 1990, and recommended denial because of
incompatibility of the site layout with respect to Military
Trail (primarily bay doors facing Military Trail).
RECOMMENDED ACTION:
By direction of the Mayor, remand to the Planning and Zoning
Board so that they may considered the new information relative to
site design.
Attachments:
* P&Z Staff Report cover sheet
* Originally submitted site plan (reduced)
* Resubmitted site plan (reduced)
REF/DJK#74/CCJIFFY.TXT
F'LANN; I NG 8 ZONING BOARD STAFF REPORT
--- - --
CITY OF OELRAY BEACH
. .
MEETING o:rrE: OCTOBER 15, 1990
AGe.D1 ITEM: IV.B.
,
ITEM: CONDITIONAL USE REQUEST: ESTABLISHEMENT OF A "JIFFY LUBE" ON OUTPARCEL
AT WAL-MART PLAZA, WITH AN ATTENDANT SITE PLAN
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GENERAL DATA: '" .~-
Owner...........................Wal-Mart stores, Incorporated
Agent...........................Kieran J. Kilday, Kilday and
Associates
Location........................West side of Military Trail south
of Linton Boulevard
Property Size................... .80 Acres
City Land Use Plan..............General Commercial
Previous Zoning.................GC (General Commercial)
City Zoning.....................PC (Planned Commercial)
Adjacent Zoning.................North of the subject property is
zoned county CG (General
Commercial), East is CF
(Community Facilities) and pac
(Planned Office Center), South
and West are PC (Planned
Commercial).
Existing Land Use...............Vacant Outparcel
Proposed Land Use...............Vehicle Lubrication Facility
(Jiffy Lube)
Water Service...................8.. water main runs along the west
end of subject property
Sewer Service...................8" sanitary sewer runs along the ~ 8
west end of subiect · .
ITEM BEFORE THE BOARD:
The action before the Board is that of making a
recommendation to the City Commission on a Conditional Use
Request, to allow a Vehicle Lubrication Facility. A Site and
Development Plan for Jiffy Lube is also before the Board.
The site is located on the west side of Military Trail,
south of the Linton Promenade and is the north out-parcel
for the Wal-Mart at Delray and contains approximately 0.8
acres.
BACKGROUND:
The County granted a special exception for a large scale
community shopping center on the subject property under the
name Royal International Associates (aka Polo Plaza) on
January 30, 1985. The site plan was approved by the County
on January 30, 1985. At that time the proposal involved a
115,000 sq. ft. specialty retail center proposal with an
additional 35,000 sq. ft. of professional office space. The
site was granted a water service agreement by the City of
Delray in October 1985, however the project never
materialized.
In July, 1989, the Planning and Zoning Board recommended
approval of annexation with initial City Zoning of GC
(General Commercial). The annexation was approved by the
City Commission on August 22, 1989.
September 18, 1989, the site was before the Planning and
Zoning Board for site and development approval for the
Wal-Mart of Delray, a 114,760 sq. ft. retail shop with two
0.8 acre out-parcels.
The September, 1989, submittal showed a restaurant on the
southern parcel and a bank on the north parcel. However,
since there were no tenants for the out-parcels, final site
plans were not required for them.
The action before the Board now is to make a recommendation
to the City Commission on a Conditional Use request, and the
attendant Site and Development plan for the proposed Jiffy Lube.
PROJECT DESCRIPTION:
The development proposal involves the construction of a
3-bay, 2,146 sq. ft. Vehicle Lubrication Facility (Jiffy
Lube), which will be limited to changing of oil and filters,
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P&Z Staff Report
iffy Lube at Wal-Mart
ge 8
1. and concurren
2. end denial of the site plan failure to make
posit ~e findings with respect to andard #8 under the
Condit onal use with regards to C patibility and
Standar J (to assure that the a earance and general
layout 0 the development will compatible with
adjacent operties with regar to the bays facing
Military il) .
3. Recommend ap nditional Use Request upon
positive find to Section 173.848
"Standards for Conditional Uses" and upon
positive findin ten standards of Sections
valuating Site and Development
ect to conditions.
RECOMMENDED ACTION:
By separate
1. Recommend appr for the Conditional Use
request for t t Wal-Mart at Delray.
2. Recommend ap, roval er denial r the Site and
Development Ian for Jiffy Lub at Wal-Mart of Delray.
recommen s approva , is
the following conditio
1. Jiffy Lube will be require ~o reestablish the
ning and marking along the ac ss road to the
rth property line with thermopl tic markings in
cordance with/M.U.T.C.D. SP~fi tions.
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tl~~:Di~ ~::~L~~:~~ an ~Ot.~
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REF:#4/A:JIFFYl.TXT
, . tilE EAST THREE-QUARTERS (E, 3/4)
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UORfllEAST OIlE-QUARTER (HE \;) OF SAID
SECTION 26, lESS ThE EAST 75.00 FEET 26(
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M E MaR AND U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'r1
SUBJECT: AGENDA ITEM # ,1= - MEETING OF NOVEMBER 13, 1990
REQUEST FOR WAIVER - CHURCH OF THE PALMS
DATE: November 9, 1990
This item before you is consideration of granting specific
waivers in conjunction with a development request involving a
non-impacting site plan modification at the Church of the Palms.
The subject property is located at the southwest corner of N.W.
22nd Street and Swinton Avenue.
The modification request has to do with the addition of a
fellowship hall to the current facility, expansion of parking and
site upgrading; it has been determined to be a non-impacting
modification to an existing conditional use and, as such, would
not normally come before the Commission. However, during review
several deficiencies were noted. While most have been addressed
administratively, there are two outstanding item which require
City Commission consideration. The first has to do with a waiver
of sidewalk installation; staff supports the granting of a waiver
for the sidewalk along N.W. 22nd Street and along N.W. 1st
Avenue, but requiring sidewalk improvements along Swinton Avenue.
The second waiver request involves landscaping requirements for
interior trees (i.e., allowing the relocation of required
interior trees to the perimeter of an existing parking area).
Staff supports this trade-off as an appropriate solution. More
specific information with respect to the waiver requests is
provided in the accompanying backup information.
Recommend that waivers be granted for the following:
- waiver of sidewalk installation along N.W. 22nd Street;
- waiver of sidewalk installation along N.W. 1st Avenue;
- waiver of landscape requirements for interior trees in order to
accommodate landscaping as proposed;
and reject the waiver request regarding elimination of sidewalk
improvement requirements along Swinton Avenue.
C I T Y COMMISSION DOCUMENTATION
TO: ~L~~~MINISTRATIVE ASSISTANT III
FROM: VID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 13 1990
CONSIDERATION OF WAIVERS REGARDING CERTAIN IMPROVEMENTS
AT THE CHURCH OF THE PALMS (NW 221m STREET AND SWINTON)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
grantinq specific waivers in conjunction with a development
request involving a non-impacting site plan modification.
The project involves the addition of a fellowship hall to
the current facility, expansion of parking, and site
upgrading. It is located at the southwest corner of NW
22nd Street and Swinton.
BACKGROUND:
The request for a modification to allow construction of a
fellowship hall interior to the site is viewed as a non-impacting
modification to an existing conditional use. A record search led
to a determination that expansion of parking to cover the entire
holdings of the church is appropriate.
While this item would normally not come before the City
Commission, during its review there were several deficiencies
noted regarding the adequacy of existing public improvements.
Most items have been resolved administratively. (One involves a
participation in the installation of a water main and hydrant --
an improvement which corrects a deficient situation.)
However, two items require City Commission consideration. These
are:
* Waiver of sidewalk installation (see attached letter) along
NW 22nd and Swinton. There is staff (DSMG) support for a
waiver of the '?J.nd Street sidewalk; but not the Swinton
sidewalk.
City Commission Documentation
Consideration of waivers Regarding certain Improvements
At the Church of The Plams (NW 22nd Street and Swinton)
Page 2
Currently, a sidewalk exists adjacent to an expanded pavement
section in front (Swinton) on the north portion of the
Church property. There is a sidewalk section on property to
the south. The area sidewalk system ic on the west side of
-'
Swinton north of 22nd Street; and on the east side, south of
22nd.
Construction of a new sidewalk requires that the existing
sidewalk be removed, the pavement section reduced, and sod
placed between the sidewalk and street.
Also, though not specifically addressed, a waiver should be
formally granted to eliminate sidewalk requirements along NW
1st Avenue as the project does not impact that street and
the street is a developed cul-de-sac.
* Waiver of landscaping requirements for interior trees (see
attached letter) . There is staff support for this waiver.
What is involved is the relocation trees which are required
for interior portions of the site (those associated with the
new parking area) to the perimeter of an existing parking
area (which does not otherwise require upgrading) . This
trade-off is a proper solution to the situation.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board has not reviewed this item as they
are not required~.
RECOMMENDED ACTION:
By motion, grant waivers for the following:
* waiver of sidewalk installation along NW 22nd Street
* waiver of sidewalk installation along NW 1st Avenue
* waiver of landscape requirements for interior trees in order
to accommodate landscaping as proposed;
and, reject the waiver request regarding elimination of sidewalk
improvement requirements along Swinton Avenue.
Attachment:
* Letters of request
* Reduction of landscape plan
REF/DJK#74/CCPALMS.TXT
:I
PEACOCK + LEWIS OCTOBER 2, 1990
ARCHITECTS AND PLANNERS. INC.
MR. DAVID KOVACS
PLANNING DIRECTOR
CITY OF DELRAY BEACH
PLANNING & ZONING DEPARTMENT
105 N.W. 1ST AVENUE
DELRAY BEACH, FL 33444
RE: NEW FELLOWSHIP HALL
CHURCH OF THE PALMS
SWINTON AVENUE
DELRAY BEACH, FLORIDA
P+ L PROJECT NO.: 87-045
DEAR MR. KOVACS:
PEACOCK + LEWIS
ARCHITECTS AND PLANNERS, INC. IN RESPONSE TO THE PLANNING DEPARTMENTS MEMORANDUM DATED
R. Carroll Peacock, AlA JULY 26, 1990 REQUESTING THAT OUR CLIENT PROVIDE A 5 FOOT
Retired WIDE SIDEWALK ALONG SWINTON AVENUE AND N.W. 22ND AVENUE,
Howarth L. Lewis, Jr., AlA WE HEREWITH REQUEST A WAIVER FROM HAVING TO PROVIDE THESE
Chairman of the Board
Paul E. Neff, AlA SIDEWALKS ON THE FOLLOWING BASIS:
President
Glen P. Harris, AlA A. THERE ALREADY EXISTS A SIDEWALK ALONG THE EAST
Vice President
Brian D. Idle, AlA SIDE OF SWINTON AVENUE WHICH APPEARS TO BE
Vice President ADEQUATE FOR NEIGHBORHOOD PEDESTRIAN TRAFFIC.
Maynard C. Hamblin, As. AlA
SecretaryfTreasurer
Guy C. Chabot, AlA B. IF THE SIDEWALKS ARE PUT IN AS REQUESTED IT WOULD
Associate START AND FINISH WITH NO EXISTING CONTINUING LEGAL
Gerald J. DeBlois, CSI SIDEWALKS BECAUSE THERE ARE NO SIDEWALKS ON 22ND
Associate
H. Edward Escue AVENUE INCLUDING THE NORTH SIDE.
Associate
Peter R. Gilstad, AlA C. IN SO FAR AS THE CHURCHES PEDESTRIAN CIRCULATION,
Associate
Christine M. Gomes, AlA MOST OF IT IS INTERNAL FROM PARKING AREAS TO THE
Associate BUILDINGS.
Stanley N. Herrington
Associate
Brenda Kelly, SAA PLEASE REVIEW THE WAIVER REQUEST WITH YOUR STAFF AND
Associate ADVISE.
Susan S. Bardin
Registered Interior Designer
~~ pr~--:C::'~
i . ", ~
MEMBER AlA . i" IF' \\ /' '.:..;;: 11
~'" !!~~ 04
1\1, .; "
Flagler Center 9 \9()O
501 South Flagler Drive OCT F:87045LGD.SA
Suite 500
West Palm Beach ,-,,, [-;r~i"nNG
Florida 33401-5985 P' (.' i
~i' '-...,! ..... ~~~.,..:~ '-<o.,;~";".~'
407/655-4063 1-1 :. ~
Fax: 407/832-2925 -
~
:J
PAGE 2 - OCTOBER 2, 1990
MR. DAVID KOVACS
PEACOCK + LEWIS PLANNING DIRECTOR
ARCHITECTS AND PLANNERS, INC. CITY OF DELRAY BEACH
PLANNING & ZONING DEPARTMENT
105 N.W. 1ST AVENUE
DELRAY BEACH, FL 33444
RE: NEW FELLOWSHIP HALL
CHURCH OF THE PALMS
SWINTON AVENUE
DELRAY BEACH, FLORIDA
P+L PROJECT NO.: 87-045
IF YOU HAVE ANY QUESTIONS OR NEED ADDITIONAL INFORMATION
REGARDING THIS MATER, PLEASE FEEL FREE TO CALL ME.
SINCERELY,
PEACOCK + LEWIS ARCHITECTS AND PLANNERS, INC.
~;9~~
GERALD J. DEBLOIS
ASSOCIATE
CC: JEFFERY COSTELLO, PLANNING TECHNICIAN
CURT SNIDER, CHURCH OF THE PALMS
HAP LEWIS, P+L
FILE
GJD:SA
:I k,J )/~ IJv,l"L
PEACOCK + LEWIS
ARCHITECTS AND PLANNERS, INC. October 12, 1990
Mr. David Kovacs \4eW~ ,uJoc~
Planning Director f i.J..,,~ fAllA" ~ (rotA..,..;C\ -\u
City of Delray Beach ~ ~~ O'^ ~ MIl-fJ. ~ ,
Planning & Zoning Department f ~ .. '-I~\'lei. f- C.( (n) IS
105 N.W. 1st Avenue
Delray Beach, FL 33444
~ (k ~ ,u, dL. ;p
RE: New Fellowship Hall
if ~ oL ~ _ "11.. {_...L
Church of the Palms
'960 N. Swinton Avenue fIl'J,,-':' JVil/ 1'1;",".
Delray Beach, Florida
P+L Project No. 87-045 7flL
Dear Mr. Kovacs:
PEACOCK + LEWIS
ARCHITECTS AND PLANNERS, INC. This letter is being written in response to our verbal request for a reduction of
R. Carroll Peacock, AlA landscaping trees as indicated on the previously approved plan (L-1, Rev. #1 8/17/90).
Retired
Howarth L. Lewis, Jr., AlA At your suggestion we are enclosing herewith three (3) copies of the revised landscape
Chairman of the Board drawing L-1, Rev. #2 dated 10/11/90 for reconsideration by the Planning & Zoning
Paul E. Neff, AlA
President Department.
Glen P. Harris, AlA
Vice President
Brian D. Idle, AlA The basic difference between the approved plan and the enclosed revised plan is the
Vice President elimination of some internal trees only. The perimeter trees and hedges remain as
Maynard C. Hamblin, As. AlA
SecretarylTreasurer previously submilled and approved.
Guy C. Chabot, AlA
Associate
Gerald J. DeBlois, CSI Please review with the landscape department and advise us of our next step.
Associate
H, Edward Escue
Associate If you have any questions, please feel Iree to call me.
Peter R. Gilstad, AlA
Associate
Christine M. Gomes, AlA Sincerely,
Associa te Z+ Lewis Archilecls and Planners. Inc.
Stanley N. Herrington
Associate . :u~d/~
Brenda Kelly, SM
Associate
Susan S. Bardin Gerald J. DeBlois, CSI ~~CCIr:rr WIE: ID)
Registered Interior Designer
Associate
CC: Jeffrey Costello, Plann;ng Tech. Ut.: I 15 1;;10
MEMBER AlA City of Delray Beach
Flagler Center w/enc. Curt Snider, Church of the Palms PLANNING & ZONING
501 South Flagler Drive
Suite 500 -- ..........
-... - .. - ..'"
West Palm Beach
Florida 33401-5985 87045CDB.2
407/655.4063
Fax; 407/832.2925
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M E MaR AND U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER l1f1
SUBJECT: AGENDA ITEM 41= 9(} - MEETING OF NOVEMBER 13, 1990
REQUEST FOR VARIANCE
DATE: November 9, 1990
The City received a request from the property owner at 1230 South
Ocean Boulevard for a variance to construct a boat lift twenty
(20) feet over the waterway, with zero setback. City Code
provides that boat lifts will not extend further than ten (10)
feet into the waterway and that a ten (10) foot setback be
maintained. The Engineering Department reviewed this request and
recommended approval based upon the unusual configuration of the
property, adjacent property owners having signed letters of
agreement to the proposed boat lift and because the extension is
necessary to moor a boat at low tide.
At the regular meeting of october 23, 1990, the Commission
considered this request and voted to deny the variance by a vote
of 4 to 1 (Mayor Lynch dissenting). Since that time, the prop-
erty owner has pursued further consideration, including on-site
visual inspection, in support of the request and the matter has
been returned to the Commission's agenda for further review.
Recommend reconsideration of the request for a variance for a
boat lift at 1230 South Ocean Boulevard in accordance with
Section 7.9.4 of the Land Development Regulations.
ENVIRONMENTAL SERVICES
M E MaR AND U M
TO: David Harden
City Manager
THRU: William Greenwood
Director of Environmental Services
Mark A. Gabriel, P . E '/II;)
City Engineer
FROM: Charles Axelrod
Civil Engineer
DATE: October 16, 1990
SUBJECT: Variance Request for Boat Lift at 1230 South Ocean
Boulevard - Lot 3, South Ocean Park
-----------------------------------------------------------------
This request requires a variance on (two) 2 counts:
1. Set-Back From Adjacent Property Line. The City
Ordinance requires a 1010" set-back. The proposed boat
lift on the south side is on the property line and on
the north side has a set-back of 2310".
2. Distance of Boat Lift From Bulkhead. The City
Ordinance allows an extension of 10'0" over the
waterway. The proposed boat lift will extend 20 feet
over the water.
The adjacent property owners have signed letters of agreement to
the proposed boat lift configuration. Based on this and the fact
that such an extension is necessary to moor a boat at low tide,
we recommend that this variance be given favorable consideration.
The necessary Agenda Request form is attached for processing.
CA:kt
Attachment
cc: File: CAEGW001
Interoffice Memos
October 1 , 1990
To: City Engineer
Engineering Department
City of Delray Beach
From: William R. Seach
1220 South Ocean Blvd.
Delray Beach, FL 33483
Phone: 407-276-3122
276-0694
The undersigned hereby request a variance to erect a boat
lift and requisite support structures on the property
located at 1230 South Ocean Boulevard (Lot #3 South Ocean
Park) as per sketch plan attached. Water depth at this
point of the canal is such that a boat lift is required to
moor a boat, especially at low tide.
The piling supports and finger pier located on the south
side of Lot #3 is adjacent to the parking lot which is owned
by the Banyan House Condo. The Banyan House Board of Directors
has approved the location as evidenced by the signed sketch
and letters dated July 20, and July 25, attached hereto.
The piling supports located on the north side of Lot #3 is
located 23 feet from the property owned by Antonio Lucivero
and Ernie Yungling located at 1050 Brooks Lane (Lot #1 South
Ocean Park). They also have approved the location as
evidenced by the signed letter dated August 8, 1990 attached
hereto.
If you have any questions regarding this request please
call Bill Seach at the above number. Thank you.
~/1~ t:R~
William R. Seach (Lot #2)
0__9 tJ, ~i
Edward J.put (Lot #3)
1230 South Ocean Boulevard
.,~~ RO-LIFTS 1989
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM :jj: CJ H - MEETING OF NOVEMBER 13, 1990
REQUEST FOR MODIFICATION OF STANDARDS
DATE: November 9, 1990
The property owner, C. Madison Schnepp, has requested a modifica-
tion of standards to maintain two (2) dolphin piles as they were
installed in lieu of removing them and installing them in accor-
dance with the issued permit. Section 154.31(D) of the Cityls
Code requires that dolphins shall not be installed in any body of
water closer than 25 feet from the extended property line. The
property owner contends that because of his pie shaped lot, which
has only 76 feet across the rear bulkhead, there is no way of
complying in a manner which would make the pilings at all useful.
The City requested that the Contractor remove the piles and
install them in accordance with the permit. The Contractor chose
to request a variance which was rejected by the Engineering
Department. Since Engineering had already rejected the request
for a variance, the only recourse is to bring the matter to the
Commission.
Recommend against modification of the standards for approval of
the dolphin piles.
Agenda Item No. :
AGENDA REQUEST
Date: 11/9/90
Request to be placed on:
X Regul~r Agenda
Special Agenda
Workshop Agenda When: 11/13/9.0
Description of item (who, what, where, how much):
The property owner has requeste~~~~.~u~~~{~tain two ( 2)
doJphin pile~ A~ They were in~TA1Jed in lieu of removing them
Anc1 in~t-Alling t-hpm in ;:l("'(""(')rc1;m(""p wit-h t-he i~~l1ec1 pprmit-.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: :.. ~ -. ~-Jh
:~~~~~~~~~ s~~~ ~ ,j+- e
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55) .
Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
C'" t;;!J
Approved for agenda: !9J NO "
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.
REQUEST FOR VARIANCE
933 GARDENIA DRIVE
HISTORY
. A permit (#89-4355) was issued in December 1989 to install
the subject dolphins ( 2) .
. Construction occurred in January or February 1990, however a
final inspection was never called for.
. Installation contractor requested variance June 1990.
. Acting City Engineer rejected Contractor's request July,
1990.
. Code Enforcement issues violation September 1990
(Attachment"A") .
. Property Owner ( Mr. & Mrs. Schnepp) request variance
September 1990.
OVERVIEW
The property owners (Mr. and Mrs. Schnepp) retained a contractor
(Delray Marine Construction Co. ) to permit and install two
dolphin piles. The Contractor was issued a permit based on a
drawing which he submitted. The piles were not installed in
accordance with the permit however (see ATTACHMENT "B") . The
City requested the Contractor remove the piles and install them
in accordance with the permit. The Contractor chose to request a
variance which was rejected by the Engineering Department. Code
Enforcement issued a violation. The homeowner then requested a
variance (Attachment "D". Since Engineering had already rejected
the request for variance the homeowners' only recourse is to
bring the matter to the Commission.
MISCELLANEOUS DATA
The homeowners I have submitted an Agreement (Attachment "C")
dated, September 21, 1990. It is the opinion of the City
Attorney's Office (Susan Ruby) that "there is no way to record
the document in the public record", and that "it does not bind
subsequent property owners" (last paragraph, first page).
RECOMMENDATION
It is the recommendation of this office that the variane be
denied and the dolphins be removed and installed in accordance
with the permit.
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933 Gardenia Drive
Delray Beach, Fl. 33483
September 21, 1990
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Attention: Mr. Pat Costello
Engineering Department
Dear Mr. Costello:
A little over a year ago, I acquired a new 40' boat. To protect
it from Intracoastal wash damage (we are not in a no wake zone) I
installed mooring whips. As I recall, their value is around
$800.
As we are at the western end of our canal, we receive a brutal
double wash as it comes in and then again as it bounces back off
the west end bulkhead. The result was constant damage to the bow
rail and side rub rails.
As a result of the above, in December of last year I contracted
with Delray Marine Construction Company to install two dolphin
.. pilings. That jOb cost me $1,083. Included in the $1,038 was a
specific breakdown including cost of engineers seal and plans and
the City Permit Fee.
Last week, 9 months after installation, I received a Violation
Notice (copy attached) which requires that I move both pilings to
maintain a 25' separation from the extended property lines. As
my pie shaped lot has only 76' across the rear bulkhead (probably
less than 65' across the extended lines) there is no way of com-
plying in a manner that would make the pilings at all useful.
As I have been out of town and unable to respond and wi 11 be
departing for a 3 week trip overseas next week, on September 19th
I called the City Code Enforcement Office and was granted a com-
pliance extension until October 26th. The gentlemen I spoke to
was Mr. Emanual Guerrier.
In talking to Mr. Guerrier, I explained my predicament and the
good faith expenses I have put into trying to protect my boat. I
also advised him that I bad talked to all of my neighbors and
none had any objection.
Mr. Guerrier politely explained the problem that might arise with
future neighbors or with a new owner of my house, if I ever sell
my property. Addressing that point, I told Mr. Guerrier that I
" -,
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-2-
would be willing to commi t in writing to remove the pilings if
anyone requested such action in the future or if I sell the
property.
Mr. Guerrier said, without making any commitment, that if I would
produce such a paper the situation would be reviewed in that new
light.
To that end, I enclose a fully executed original Agreement signed
by me and my wife and concurred in by all of my neighbors that
could possibly be affected by the pilings. These concurrences
come from my neighbor to the east, my neighbor to the west, the
one directly across the canal (he also owns the empty lot to his
east), the people west of the house across the canal and the
house on the west end of the canal. This represents a U shaped
acceptance that covers seven lots, the entire west end of the
canal. (Please see the attached plat plan with these lots high-
lighted in yellow.)
The only signature missing is that of Glen Hovde, who is out of
town. He will formally sign the document next week. Also note
that the concurrence of the owners of 940 Fern Drive and their
vacant lot to their east was received by the attached FAX as
their off season residence is in Vermont.
", While I am in accord with the intent of the piling ordinance and
its purpose of protecting the interests of waterfront home
owners, I respectfully request your careful consideration of a
variance in this particular case which causes no harm or hardship
to anyone involved. Should a hearing be required, I would be
happy to present my case following my return in October.
If you require any changes to my enclosed Agreement or if you
could suggest a different approach to solving this problem, I
will be pleased to cooperate in any way that I can.
Thank you for your consideration.
Sincerely,
7
-e<.4~"'~~-:---
c. Ma~ison Schnepp
CMs/hs
Attachments
cc: Mr. David Harden, Delray Ci ty Manager
Mr. Emanual Guerrier, Code Enforcement Dept.
Glen Hovde Mr. & Mrs. Onnen Mr. Richard Roddy
Sharon Minder Mr. & Mrs. Haberstock Mr. & Mrs. R. Pecor
,
.
.
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(
,A TT AC"'~E 10-/1 'e.
September 21, 1990
AGRBBIIBR'r
! c. Madison and Harriet Schnepp, owners and residents of 933
Gardenia Drive, Tropic Isle, 3rd Section, Lot 299, Delray
Beach, Florida (hereinafter referred to as Owners of 933
Gardenia Drive) do hereby aqree as follows:
WHEREAS; OWners of 933 Gardenia Drive have installed two
(2) dolphin pilings in violation of City Code of Ordi-
nances, Chapter 154.31, Section 154.31(D) and the City of
Delray Beach has filed a violation notice with the Owners
of 933 Gardenia Drive calling for relocation to conform
to the Code and
WHEREAS; such relocation, due to the limited canal front-
age available, would render the dolphin pilings useless.
NOW THEREFORE; OWners of 933 Gardenia Drive do agree that,
if the City will permit a variance and allow the pilings
to remain in their present position, Owners of 933 Gardenia
Drive will, in the future, relocate or remove said pilings
if and when;
a. so directed by the C1 ty,
b. so requested by any of the below listed con-
curring neighbors,
c. so requested by a'ny future title holders to
.. the properties now owned by the below listed
concurring neighbors,
d. the OWners of 933 Gardenia Drive dispose of
the property.
The Owners of 933 Gameda Drive further cOllllDit to make this
Agreement known to any prospective buyers of said property with
the stiDulation that this Agreement beco.es null and void at
the t~ any title transfer takes ~laoe. if the new owners do
not accept these terms and conditioDS as part of the Contract
of Sale.
'.
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This Agreement is hereby made an addendum to the Last Will and
Testament of the Owners of 933 Gardenia Drive and all of its
provisions and covenants shall be binding upon any and all
heirs and assigns.
Entered into this 21st day of September, 1990
CONCUR: OWNERS:
'-
. ~~(~ j
~''Lf ~O/\..-
Glen Hovde c. M~lson Schnepp
Sharon Minder
2701 Boone Drive ~i i-<.L-"-+ ~~<~_~""--'
( z 'L ~ - );-------
I J j . 'n . "p ~ ~,~ \ Harriet Schnepp .
m and Janet Onnen
2 7 ~ 1 Boonej Drive f ,-,
q ~ . / t \~ ~p~
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C:L.' '7'"7. I :. ,"~ // - ',,-
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Kobert and Connie Haberstock
927 Gardenia Drive
~'-~~ f2cdJ1
Richard Roddy
935 Gardenia Drive
Raymond and Jean Pecor
940 Fern Drive
Lake Champlain Transportation Co.
Raymond Pecor
Vacant Lot East of 940 Fern Drive
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This Agreement is he~ebf ma4e an a44endu. to the La.~ Will and
-re.t..ent of the OWnera of 933 Cardenia Drive and .11 of it.
troVlal0nl and covenants shall b. binding upon any and all
air. and ...igfte. .
Entered into this 21.t day of SepteMber, 1910
CONCUR : OWNERS'
...
Gl.n Hovde c..a~I ; .~
c. 80n Be nepp
Sharon Mindor
2701 Boo~e Drive ~1~~~.t..u~
H.rrl.t 80 '.pp
~im a~! Janet Onnen ....
2'" Boone Drive
q Robert and COnn!. H.ber.toc~
927 Gardenia Drive
Richard R04dr .
935 Ga 1. Drive
.
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. ( A
ADDiTIONAl REPAiRS MAY BE ' IT IS NECESSARY TO
REQUIRED TO CONFOFN TO CITY CITY OF DB.RAY BEACH BRING THIS VIOLATION
CODES. PLEASE DISCUSS WITH NOTICE WHEN APPL YINQ FOR
THE BLOG. INSPECTION DIVISION - APPUCABLE PERMIT(S)
WHEN OBTAINNG PERMIT(S) Code Enforcement Division
VIOLATION NOTICE
Case No.: G /50 ?- 'fO
Investigation Date: '1 / 1'/ / 9'0 RElNSPECTlON
q /1a../9tJ RESULTS
Violation Issuance Date:
Addres$of Violation: q.3 3 ~y~>>~:a. by- Oelrav Beach. Florida Date: By.
1. / /
Legal:-;;r~~ .:I:J)e 3 S~.j.~ ';-0 107 2.99 2- I /
P.C.Number. 12-43 /+6 2B 03 0/)0 299R 3. I /
Owner. ~~~ ~~~ M & ~y~ ff. 4. / /
5. I /
Address: r/; · ~ D )y" 3.3?-~~
p~ NOTE: YOU AM INVIOC.ATION OF THE FOlLOWING PAOVIII0N(8) OFTHECITY'SCOOEOFORDINANCES:
Chapter: ) 5 Jr. '3J ) 1 2 3 .. 5
Chapter: Section:
, Which Requil'8S:
Violation may be corrected by:
Chapter; Section:
Which Requil'8S:
Violation may be comK:ted by:
Chapter. Section:
Which Requil'8S:
Violation may be comtded by:
.
You have lL days from the above issuance dllle to comld I\e above vlolatlon(s).
=':: comply _.... VIOLATION NOTICE... .....In '"'- 01_ up to -.00 ~...
€'" ~".n;r Qr~ t:...Lffitp _
CODE ENF""F -, ~ J: FI ' OA '"f OIVISON ADf<',..r "
I'l.EASNIu" \ ' ~ / ;:r -/
~"""~~-t:ouAM ..... ...;,... ~~-~L .,.~. "
coo.: 4W ;40n 243- 7233 4.tJOIW -1:OOPa.t~ -;..... ~~~, M' .?;z.~
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER M
SUBJECT: AGENDA ITEM # 9::r.. - MEETING OF NOVEMBER 13, 1990
REQUEST FOR TENT PERMIT
DATE: November 8, 1990
Mr. Craig Steinhart of Happy Holiday Christmas Trees is
requesting a permit to erect a temporary tent from November 14,
1990, to December 31, 1990 to be located at 3190 South Federal
Highway (located on the west side of South Federal Highway across
from the South Delray Shopping Center) for the purpose of selling
Christmas tree s . The necessary permits and requirements have
been applied for and approved. D.J. and Elizabeth Iandimarino,
the property owners, have granted Mr. Steinhart permission to use
the property for this purpose. This request is similar to
previously approved Commission actions.
Recommend approval of temporary tent permit for Happy Holiday
Christmas Trees.
1 Agenda Item No. :
AGENDA REQUEST
Date: 11/6/90
Request to be placed on:'
X Consent Agenda
Regular Agenda Special Agenda Workshop Agenda
When: 11/13/90
Description of agenda item (who, what, where, how much):
Craig Steinhart of Happy Holiday Christmas Trees
Requesting approval to erect a tent at 3190 S Federal Hlghway
For the purpose of selling Christmas trees from 11/14/90 - 1~/j1/9U
ORDINANCE/ RESOLUTION REQUIRED: YEs8 Draft Attached: YES/NO
Recommendation: Yes
Department Head Signature: ~~------ ~ --..:--
(
Determination of Consistency with Coaprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved f or agenda: c!fiJ NO /):!'-1
Hold Until: '
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA C. BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~
SUBJECT: TENT APPROVAL FOR HAPPy HOLIDAY CHRISTMAS TREES
- -
DATE: NOVEMBER 18, 1990
BACKGROUND
Mr. Craig Steinhart of Happy Holiday Christmas Trees is
requesting approval to erect a tent from November 14th - December
31, 1990 for the purpose of selling Christmas trees. The tent
will be located at 3190 S. Federal Highway. The property owner
has granted Mr. Steinhart permission to use the property for this
purpose.
In accordance with Sec. 150.102 of the Code of Ordinances, with
Commission approval, this is permitted since the purpose of tent
is to protect the public from the elements during public
assembly. The necessary permits and requirements have been
applied for and approved.
RECOMMENDATION
The Department of Community Improvement recommends approval for
Happy Holiday Christmas Trees to erect a tent from November 14th
- December 31, 1990 to be located on vacant property at 3190 S.
Federal Highway for the purpose of selling Christmas trees.
LB:DQ
cc: Permit #90-8102
D/7
Tent.HH
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t,.'1Jj
SUBJECT: AGENDA ITEM # Cf:J'" - MEETING OF NOVEMBER 13, 1990
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION
DATE: November 9, 1990
The item before you is an appeal of both the Community Appearance
Board (now dissolved) and the newly constituted Site Plan Review
and Appearance Board's decision with respect to the conditions
imposed upon a sign approval.
The site in question is World's Best Burger, located at the
corner of N. E . 6th Avenue and N. E . 6th Street. Originally, the
free standing sign request was reviewed by the Community
Appearance Board and was approved as presented, with the
conditions that the height be reduced from 18 feet to 16 feet and
that the sign be relocated from the corner of N.E. 6th Street and
N.E. 6th Avenue some 50 feet south of N.E. 6th Avenue.
Subsequent to this approval and at the owner's request, the Site
Plan Review and Appearance Board reviewed the sign application
and reversed CAB's decision as to the location of the sign, but
upheld the decision to limit the sign height to 16 feet. The
Boards felt that the imposed height limit of 16 feet was
consistent with existing signage in the area, and staff concurs
with this decision.
The owner of World's Best Burger has, therefore, opted to appeal
the decision of both CAB and SPRAB to limit the height of the
free-standing sign to 16 feet. The City's code does allow for an
18-foot sign.
Additional documentation is provided in the accompanying backup
information.
Recommend denial of the appeal of CAB and SPRAB decision to limit
the height of the sign to 16 feet.
.
, Agenda Item No. :
AGENDA REQUEST
Date: 11/6/90
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 11/13/90
Description of agenda item (who, what, where, how much):
Request for Appeal of CAB and SPRAB's UeC1Slon 01 condlLlons LO
Sign Approval for World's Best Burger located at NE 6th St and NE 6th Avenue
ORDINANCE/ RESOLUTION REQUIRED: YES NO Draft Attached: YES/NO
Recommendation: Denial
Department Head Signature: ~~~" ~--..............
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: REQUEST FOR APPEAL OF CAB & SPRAB'S DECISION OF CONDITIONS
TO SIGN APPROVAL - - - -
--
DATE: NOVEMBER 6, 1990
BACKGROUND
World's Best Burger was before the Community Appearence Board
(CAB) on May 9, 1990 for approval of an l8-foot, free-standing
sign. The Board approved the sign as presented but reduced the
height from 18 feet to 16 feet and recommended that the owner
move the sign location 50 feet south of NE 6th Avenue. The
original site plan showed the sign to be located at the corner of
NE 6th Street and NE 6th Avenue.
The same sign application was reviewed by the SPRAB at the
ownerls request on October 24, 1990 with a request to relocate
the sign to the original location proposed (NE 6th St. & 6th
Ave). The justification for this request is that the owner felt
the trees on the adjoining property obstructed the view of the
sign. The Board approved the relocation of the sign and again
upheld its original decision to limit the sign height to 16 feet.
Therefore, the owner of World's Best Burger is appealing the
decision of CAB & SPRAB to limit the height of the free-standing
sign to 16 feet. The current code does allow for an l8-foot
sign.
RECOMMENDATION:
We are recommending that the City Commission deny World's Best
Burger's appeal to increase the sign height from 16 to 18 feet as
dictated by both the CAB in May, 1990 and the SPRAB in October,
1990. The Board felt the sign height limit imposed was
consistent with existing signage in this area. Staff concurs
with the Board's decision. Written documentation submitted by
the owner and a rendering of the sign in question is attached for
your reference.
LB:DQ
Attachment
B:Sign.WBB/LG5
,
October 26, 1990
Joyce DeSormeau
100 NW First Ave.
Delray Beach, FL 33444
Dear Joyce,
This letter is sent as a request to be put on the agenda
of the next city commission meeting. I met with the CAB on
October 24, and was told that the board had decided not to allow
me to place my sign at 18 feet. My neighbor to the south has two
trees that completely block my sign at present height of 16 feet.
The extra two feet in height would give me the exposure I am
looking for, and still fall within the city guidelines.
Thank you for your time in this matter.
Request for:
W. B. Burger, Inc
220 Congress Park Dr.
Suite 230
Delray Beach, FL 33445
Phone # 498-0273
:;;;;; ~
Thomas Cann
President
, d/tof!
MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD MEETING
WEDNESDAY, OCTOBER 24, 1990 AT 7:00 P.M.
Members Present Others Present
William Wilsher, Chairman David Kovacs, Planning
Debora Oster Director
Mark Marsh Janet Meeks, Planner
Jess Sowards Joyce Desormeau, Sign Ad-
Gene Fisher (arrived later) ministrator
Rett Talbot (arrived later) Paul Dorling, Planner
Sam DeOto (arrived later) .
l. The Chairman called the meeting to order at 7:00 p.m. The recording
secretary took the roll.
2. Approval of the Minutes was placed to the end of the meeting. I
III. SIGNS
A. Worldls Best Burger 90-5817 5/9/90
Corner of N.E. 6th Avenue & N.E. 6th Street
Flex Plex Signs
1 Free-standing sign
Mr. Sowards stepped down and left room. Represented by Jeff Adinolphe.
The applicant stated the sign was moved per the instruction of the Board.
However, the sign is not visible. The applicant would like to move the
sign to the original proposed location and height. The members reviewed
the plans. The proposed sign height was at 18'. The members felt a lower
sign would be more acceptable. (Mr. Talbot arrived) Mr. Wilsher felt a
landscape plan was needed to determine if the sign will conflict with the
landscaping. The members felt a sign height of 16' was suitable. Mr.
Wilsher explained the issue is not the location of the sign but whether or
not the sign will be concealed by the landscaping. (Mr. Fisher arrived)
There may be a possible problem with the plantings. After discussion, Mr.
Marsh moved to approve the relocation of the 161 pole sign to the corner
location to maintain the 10' setback (on the plan it is noted as #1) and
verify that there will be no conflict with the landscaping and the revised
sign location. Seconded by Mrs. Oster. The vote was as follows:
Mark Marsh Yes
Gene Fisher Yes
Rett Talbot Yes
Debora Oster Yes
William Wilsher Yes
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SIGN f(EV\['.J
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER m
SUBJECT: AGENDA ITEM # 11<. - MEETING OF NOVEMBER 13, 1990
DETERMINATION OF INTENT TO ACCEPT STREET SYSTEM
DATE: November 9, 1990
We have received a request from The Fairways of Delray for the
City to accept the street system within the subdivision as public
streets and to also assume maintenance responsibility for those
roadways. The Fairways of Delray is an R-1AA community located
on the east side of Homewood Boulevard, north of Lowson
Boulevard. When the project was platted, the streets were
created as a private system and dedicated to the Homeowners'
Association.
Please refer to the accompanying backup information for a more
in-depth explanation of the background on this request. Staff
has conducted a preliminary review and finds the request to be
appropriate, subject to the Association retaining maintenance
responsibilities for the special landscaping feature in the entry
median and on either side of the entry, including special light-
ing fixtures. Acceptance by the City of the street system would
necessitate the preparation of certain legal documents and
agreements. Be fore proceeding in this regard, staff feels that
it is appropriate to first present the matter to the Commission
for consideration. If the Commission is inclined to accept the
streets into the public system, staff will then work with the
Homeowners' Association to have the legal documentation prepared
and placed on a future agenda as a consent item.
Recommend consideration of the request from The Fairways of
Delray to accept the street system within the subdivision as
public roadways. If so inclined, the Commission should declare
its intent to accept the streets within The Fairways of Delray
subdivision as public streets upon receipt of appropriate legal
documentation and agreements.
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[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 310 S.E, I s( STREET, SUITE 4 . DELRA Y BEACH, FLORIDA 33483
407(243.7090. TELECOPIER 407(278-4755
MEMORANDUM
Date: November 9, 1990
To: City corrunission
From: Jeffrey S. Kurtz, City Attorney
Subject: Montalban v. City of Delray
The City has been served with the attached lawsuit concerning
the alleged actions of former City Manager Walter o. Barry.
The purpose of this memo is to have the City corrunission
authorize the retention of outside counsel to defend the City
and Mr. Barry. Due to the nature of the claim and the manner
in which the allegations have been presented, it will be
necessary for the City and Mr. Barry to have separate counsel.
This is necessary because the defenses available to the parties
are differing and potentially inconsistent.
The law firm of Mack & Bernstein has successfully defended the
Ci ty in an EEOC claim that arose out of the same factual
circumstances and I would suggest that because of their
familiarity with the case, they continue to represent the City
in this litigation. The firm of Mack & Bernstein is located
and operates out of Atlanta, Georgia, however, they have a
multi-state practice and Mr. Curtis Mack, who will be the
principal attorney handling the case, is a former Florida PERC
chairman and remains licensed to practice in Florida.
As to Mr. Barry, the City ordinances require us to provide him
with an attorney to defend him in an action arising out of his
employment with the City. The City provides such a defense
with an automatic reservation of rights pursuant to our
ordinances. What this means is that should Ms. Montalban prove
a case against Mr. Barry but not the City, and damages are
awarded against Mr. Barry for his alleged actions, there is the
possibility that such damages would not be indemnified by the
City. I have attached a copy of the City's ordinances con-
cerning indemnification and state statute on the subject for
your review.
To provide a defense for Mr. Barry, I would suggest that we
retain the firm of Coogler, Watson & Merkel. Mr. Coogler, who
i
1
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.
I N THE CI RCUI T COURT I N AND FOR
PALM BEACH COUNTY, FLORI DA
:-...~ - -- ,.... . .....~ \0 ~~.3 i A~
CASE NO: l; iL.J !,:) ;} ... -...--..-..--
FLA. BAR. NO. : 265020
IRENE MONTALBAN
Plaintiff,
vs.
CITY OF DELRAY BEACH, a Municipality of
the State of Florida and
WALTER O. BARRY, both individually and in t/)-~/-9o
his former capacity as City Manager .-
of the City OI Delray Beach -r.. '- (" p I[
--". .)..:>- .
Defendants. t!) ,--------10 P. 13. c ..p? $,.-(
/
SUMMONS
THE STATE OF FLORIDA
To Each Sheriff of the State:
,-,
YOU ARE COMMANDED to serve this Summons and a copy of the
complaint in this action on Defendant:
THE CITY OF DELRAY BEACH
SERVE: MAYOR THOMAS LYNCH, and, in his absence:
SERVE: VICE-MAYOR MARY McCARTY, and, in her absence:
SERVE EI THER: COUNCILMAN WILLIAM ANDREWS,
COUNCI LMAN DAVID RANDOLPH, or
COUNCILMAN JAY ALPERIN
100 N. W. 1st Avenue.
Delray Beach, Florida 33444
The Defendant is required to serve written defenses to the
complaint on Max Rudmann, Plaintiff's attorney, whose address is
1515 North Federal Highway, Suite 216, Boca Raton, Florida 33432,
within 20 days after service of this Summons on that Defendant,
exclusive of the day of service, and to file the original of the
defenses with the clerk of this court either before service on
Plaintiff's attorney or immediately thereafter. If a Defendant
fails to do so, a default will be entered against that Defendant
for the relief demanded in the complaint.
.
'.1
DATED on , 1990.
JOHN B. DUNKLE
As Clerk of the Court
By:
As Deputy Clerk
.
,
I N THE CI RCUI T COURT I N AND FOR
PALM BEACH COUNTY, FLORIDA
~-) -, Y (' r
," '" " \ ',' .',.J -'
CASE NO: ,.,1':,; ~ r~j U J=~}".- i I L_
FLA. BAR.~O.: 265020
IRENE MONTALBAN
Plaintiff,
vs.
CITY OF DELRAY BEACH, a Municipality of
the State of Florida and
WALTER O. BARRY, both individually and in
his former capacity as City Manager -
of the City of Delray Beach
Defendants.
/
COMPLAINT
Plaintiff, IRENE MONTALBAN, (" Plaintiff"), through undersigned
counsel, bri ngs this action against the CITY OF DELRAY BEACH
(" DELRAY") and WALTER O. BARRY, ( II BARRY" ) Defendants and alleges:
JURISDICTION
1- This action seeks compensatory, punitive, attorneys fees,
and costs for the gender dis crimination, breach of contractual
obligations, intentional infliction of emotional distress, battery,
and defamation suffered by the Plaintiff, Irene Montalban, in her
treatment while employed by DELRAY, all in excess of the
jurisdictional minimum of this court.
2. This action arises under Title VII of the Civil Rights
Act of 1964, 42 U. S. C. ~ 2000e et seq., the common law of the state
of Florida, and Florida's Human Rights Act of 1977, Fla. stat. ~~
760.01-. 10 (1989), as adopted by Bvrd v. Richardson-Greenshields
1
Securities. Inc. , 552 So. 2d 1099 (Fla. 1989), for damages in excess
of ONE HUNDRED THOUSAND ($100,000) DOLLARS.
3. Plainti ff has received the requisite EEOC "right-to-sue
letter" and therefore both Federal and State claims are ripe for
suit. (s ee, Exhibit A attached).
VENUE
4. This action properly lies in the circui t court of Palm
Beach County as both Defendants' principal place of business,
principal place of residence, and the unlawful employment practice
which led to this claim arose in Palm Beach County.
PARTIES
5. The Plaintiff, is a Puerto Rican born, female citizen of
th.e State of Florida and of the Uni ted States,
-..-.
6. The Defendant, City of Delray is an " Employer" under
Ti tl e VI I, 42 U. S. C. 9 2000e et s eq. and Florida Human Rights Act,
:
Fla. stat. ~~ 760.01-.10 (1989).
7. The Defendant, BARRY, is an "Agent" for the purposes of
and as defined by Title VII, 42 U. S. C. ~ 2000e et seq. and the
Florida Human Rights Act, Fla. stat. ~~ 760.01-.10 (1989), since
BARRY held a position where managerial and supervisory
responsibili ty, including employment decisions, was delegated to
him by Defendant, DELRAY.
FACTS
B. On January 23, 1989, the Plaintiff was hired by
Defendant, DELRAY to serve as a secretary.
9. The Plaintiff was ini tially assigned to the City
2
Manager' s Department.
10. At the time of the plaintiff's hiring, the appointed City
Manager of DELRAY was Defendant BARRY.
1l. During her tenure as a secretary in the City Manager's
Department, the Plaintiff was under the direct control, supervision
and scrutiny of, among others, the City Manager, BARRY.
12. During her tenure as a secretary in the City Manager's
Department, the Plaintiff was sexually harassed by Defendant BARRY
--
in hi s capacity as Defendant, DELRAY' S, City Manager.
13. During her tenure as a secretary in the City Manager's
Department, the Plaintiff was subject to repeated and unwelcome
sexual advances by the Defendant BARRY in his capacity as
Defendant, DELRAY'S City Manager. --
14. During her tenure as a secretary in the City Manager's
Department, the Plaintiff 1;vas subject to repeated and, unwelcome
physical contact by the Defendant BARRY in his capacity as
Defendant, DELRAY'S City Manager.
15. During her tenure as a secretary in the City Manager's
Department, the Plaintiff was subject to great emotional distress
as a result of the actions of the Defendant BARRY in his capacity
as Defendant, DELRAY'S City Manager.
16. During her tenure as a secretary in the City Manager' s
Department, the Plaintiff expressed disgust with BARRY'S conduct
and made her feeli ngs well known to fellow workers and several
s uperi ors in an effort to deter Defendant, BARRY' s, wrongdoi ngs .
17. During her tenure as a secretary in the City Manager's
3
Department, the Plaintiff's sentiments were the topic of office
discussion, particularly the Plaintiff's unhappy feelings about
BARRY'S actions towards her.
18. In support of the previous allegations of sexual
harassment, the EEOC is in possession of affidavits from: Ti na Eno,
Nancy Roti, Catherine Inglese, and Cheryl Leverett, all Delray
Beach Employees who stated their awareness of facts surrounding the
Defendant, BARRY's, acti ons, i ncl udi ng unwelcome sexual advances
towards the Plaintiff.
19. During her tenure as a secretary in the City Manager's
Department, the Plaintiff feared losing her job if she formally
filed a grievance due to BARRY'S actions as described above.
20. During her tenure as secretary in the City Manager's
Department, the Plaintiff was subject to a six (6) month probation
period, whereby she had the benefit of few procedural protections
I
from discharge.
21- The Plaintiff was due to receive a three ( 3) month
evaluation and appraisal on April 23, 1989. However, no appraisal
was issued or submitted to the Plaintiff or her personnel file in
a timely manner.
22. After five months on the job, on or about June 23, 1989
the Plaintiff was given her three month performance appraisal.
23. The Appraisal stated plaintiff It Met Standards - Competent
Performance."
24. The Plaintiff was was told by Defendant, BARRY, to log
her acti vi ti es in order to assist BARRY in his determination of
4
whether the Plaintiff's position call~d for a full time employee.
25. On or about July 12. 1989. Mayor Campbell directed the
Plaintiff forward a confidential facsimile to the Delray City
Attorney.
26. The Mayor ordered the Plaintiff to be discreet about this
memo, as Mayor Campbell wanted the City attorney to make revisions
on the facsimile before delivery to Defendant. BARRY.
27. On or about July 13. 1989. the plaintiff discovered Nancy
Roti, rummaging through 'the -Plaintiff's desk.
28. Nancy Roti explained to the Plaintiff. that Commissioner
Mary McCarthy was at the Plaintiff's desk the evening before and
told Defendant, BARRY. that there was an important "Fax" for his
attention in the Plaintiff's desk drawer.
29. The plaintiff. acting on the instructions of Mayor
Campbell, refused to give the memo to Ms. Roti until the final
draft was received back from the City Attorney's offi ceo
30. Nancy Roti told Defendant. BARRY, of the plaintiff's
refus al.
31- The Plaintiff noti fi ed Mayor Campbell of Defendant,
BARRY'S, orders to Nancy Roti to confiscate the confidential
Memo.
32. On July 14, 1989, just nine (9 ) calendar days prior to
the Plaintiff's completion of DELRAY'S six month probationary
period, the Plaintiff was abruptly fired by Defendant. BARRY. The
termination occurred despite a positive assessment of the
Plaintiff's improved work performance from Nancy Roti.
5
33. During her tenure as secretary with DELRAY Plaintiff
performed and accomplished all of her professional duties in a
satisfactory manner.
34. During her tenure as secretary with DELRAY the
Plaintiff's record of attendance was excellent.
35. During her tenure as secretary with DELRAY the Plaintiff
was a loyal and competent employee.
36. Defendant, BARRY' S, motivation for discharging the
.-
Plainti ff was a direct retaliation for Plaintiff's refusal to
succumb to Defendant, BARRY'S, sexual haras s mente
37. The Plaintiff's discharge was motivated by the Defendant
Barry's desire to remove a potential political liability from his
administration.
38. The Plaintiff's discharge was additionally motivated by
the Plaintiff's refusal to disobey Mayor Campbell's order with
'.
respect-to the confidential memo.
39. Plaintiff's refusal to provide Defendant, BARRY, wi th the
confidential memo described aboveresulted in Defendant Barry's
retaliatory termination of the Plaintiff.
40. The Plaintiff's discharge was timed and calculated in
such a way to interfere and 1 i mi t the Plaintiff's access to the
procedural safeguards afforded upon the successful completion of
an employee's probationary period.
41. The Defendant's, DELRAY, conduct was particularly
egregious as DELRAY allowed a hostile environment in the City
Manager' s office to persist despite clear notice.
6
42. On or about September 6, 1988, DELRAY received the
resul ts of a formal inquiry into the effectiveness of city manager,
Defendant, BARRY.
43. Patricia A. Bi dol, Ph. D. , concluded that Defendant,
BARRY, created a threatening environment, had extreme communication
difficulties with his staff, and "his style causes some staff and
commissioners to mistrust him."
44. The conduct of both Defendants, DELRAY and BARRY, while
the Plaintiff was in the employ of DELRAY was in direct violation
of Federal, State and Local laws.
COUNT I SEXUAL HARASSMENT BY DEFENDANT BARRY IN VIOLATION
OF TITLE VII OF THE CIVI L RI GHTS ACT OF 1964
45. The Plaintiff realleges Paragraphs 1 through 44.
46. The Defendant BARRY'S conduct, manner and actions towards
the Plaintiff constituted sexual harassment.
47. Defendant, DELRAY, permitted an unlawful hostile
environment towards the Plaintiff to persist.
48. On or about June 18, 1989, while Plaintiff was in the
performance of duties, Defendant, BARRY, without any encouragement
or inducement by Plaintiff, placed his hands against the
Plaintiff's buttocks to which the Plaintiff objected.
49. The sexual advances by Defendant, BARRY, were without
cons ent, unwel come, and against the Plaintiff's will.
50. This sexual advance, as well as the other sexual advances
made by Defendant, BARRY, unreasonably interfered with Plaintiff's
7
work performance and created an intimidating, offensive
envi ronment.
51. Defendant, BARRY, discharged the Plainti ff as a direct
result of her failure to s ubmi t to Defendant, BARRY'S, sexual
advances.
52. As a result of Defendant, BARRY'S, actions Plaintiff was
greatly humiliated, embarrassed, endured mental and physical
suffering, and was left distraught and nervous, all to Plaintiff's
,-
damage.
53. The Defendant BARRY'S actions constitute a violation of
Ti tIe VII of the Civil Rights Act of 1964 as Plaintiff was fired
on the "basis of sex" and suffered. sexual discrimination.
--,
COUNT II SEXUAL HARASSMENT BY DEFENDANT BARRY IN VIOLATION
OF THE HUMAN RIGHTS ACT OF 1977,
FLA. STAT. ~~760.01-. 10 (1989 )
54. The Plaintiff realleges Paragraphs 1 through 44.
55. The Defendant BARRY'S conduct, manner and actions towards
the Plaintiff constituted sexual harassment.
56. Defendant, DELRAY, permitted an unlawful hostile,
offensive environment towards the Plaintiff to persist.
57. On or about June 18, 1989, while Plaintiff was in the
performance of her duties, Defendant, BARRY, without any
encouragement or inducement by Plaintiff, placed his hands against
the Plaintiff's buttocks to which the Plaintiff objected.
58. This sexual advance by Defendant, BARRY, was not
permi tted, not welcomed, and against the Plaintiff's wi ll.
8
59. Defendant, BARRY, discharged the Plaintiff as a di rect
result of her failure to s ubmi t to Defendant, BARRY' 5, sexual
advances.
60. As a result of Defendant, BARRY' 5, actions Plaintiff was
greatly humiliated, embarras sed, endured mental and physical
suffering, and was left distraught and nervous, all to Plaintiff's
damage.
61. The Defendant BARRY' 5 actions constitute a violation of
.-
.- Fla. ~. ~760. 01-. 10 (1989) as Plaintiff was fired on the "basis
of sex", and suffered sexual discrimination, and because Plaintiff
opposed an unlawful employment practice under Fla. ~. 9760.01-
. 10 (1989).
COUNT III BATTERY - BY DEFENDANT BARRY
62. The Plaintiff realleges Paragraphs 1 through, 44.
-.
63.- The Defendant BARRY'S conduct, manner and acti ons towards
the Plaintiff constituted battery.
64. On or about June 18, 1989, while Plaintiff was in the
performance of duties, Defendant, BARRY, while in the course of his
employment, without cause or provocation, intentionally, forcibly
and willfully placed his hands against the PI ai nti ff' s buttocks,
and slapped Plaintiff, to which the Plaintiff objected.
65. These wrongful acts of Defendant, BARRY, were not
permi tted, not wel corned, and against the Plaintiff's will.
66. As a result of Defendant, BARRY' S, actions Plaintiff was
greatly humiliated, embarrassed, endured mental and physical
9
suffering, and was left distraught and extremely nervous all to
Plaintiff's damage.
COUNT IV BATTERY - BY DEFENDANT DELRAY
69. By reason of Defendant BARRY' S acts, his employer, the
Defendant DELRAY, is liable for the battery suffered by the
Plaintiff since the Defendant BARRY, at the time of the battery,
was acting within the scope and course of his employment.
- -
COUNT V INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS-
BY DEFENDANT BARRY
70. The Plaintiff realleges Paragraphs 1 through 44.
71. The Defendant BARRY'S conduct, manner and actions towards
~
the Plaintiff constituted intentional infliction of emotional
distress.
72.~ DOefendant, DELRAY, permitted an unlawful hos tile,
offensive environment towards the Plaintiff to persist.
73. On or about June 18, 1989, while Plaintiff was in the
performance of duties, De fenc.ant, BARRY, without any encouragement
of inducement by Plaintiff, placed his hands against the
Plaintiff's buttocks, and slapped Plaintiff, making comments such
as "I could not resist. ~ to which the Plaintiff objected.
74. This sexual advance by Defendant, BARRY, was not
consented to, unwel come, and against the Plaintiff's will.
75. This sexual advan.-:::e and other sexual advances made
throughout the course of Plaintiff's employment, January 23, 1989
10
to July 14, 1989, were so outrageous in character and so extreme
!
in degree as to go beyond all possible bounds of decency.
76. Defendant, BARRY, discharged the Plaintiff as a direct
result of her failure to submit to Defendant, BARRY'S, sexual
advances.
77. A reasonable and prudent person would know that the acts
of the Defendant, BARR Y, would be likely to cause undue
humiliation, emotional distress, and mental pain and anguish to
--
Plaintiff. -
78. As a result of Defendant, BARRY' S, actions Plaintiff was
greatly humiliated, embarras sed, endured mental and physical
suffering, and was left distraught and nervous all to Plaintiff's
damage.
COUNT V INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS-
BY DEFENDANT DELRAY
79. The Plaintiff realleges paragraphs 1-44. By reason of
the Defendant, BARRY'S, willful and malicious acts, his employer,
the Defendant DELRAY, is 1 i abl e for Intentional infliction of
emotional distress. DELRAY'S employee, Defendant BARRY, at the
time of the intentional infliction of severe emotional dis tress,
was acting within the scope and course of his employment. Plaintiff
has s us tai ned damages in that she was greatly humiliated and
embaras sed. Plaintiff suffered severe emotional distress, endured
physical and mental suffering.
COUNT V SLANDER
11
80. The Plaintiff realleges Paragraphs 1 through 44.
8l. The Plaintiff, before and at the time of the defendant,
BARRY, and defendant, DELRAY's, statements hereinafter mentioned,
possessed a good name and character among her neighbors, fellow
workers, employers, and acquaintances for moral worth and integri ty
and was never suspected of poor work perfo~mance or lying.
82. The Defendant, BARRY, by and through his Executive
Secretary, Nancy Roti, " produced" an unsatisfactory evaluation
report regarding Plaintiff's work performance, .?os a means of .-
justifying the dismissal of Plaintiff. Nancy Roti acted as agent
for the Defendant BARRY when she produced the evaluation.
83. The evaluation report stated that Plaintiff "Often works
in a lackadaisical manner.. . Not very enthusiastic about doing some
tasks. ..Needs to do more work and spend less time on personal phone
calls. ..Should be asking Office Manager how she can help when her
immediate task is compl eted. . . .. .
84. That evaluation report was not prepared for Plaintiff
prior to the Plaintiff's three month period of employment (which
would have been before April 23, 1989), but was dated June 29, 1989
and given to Plaintiff on June 30, 1989, as a pretext for
dismissing Plaintiff, overdue by two months, yet, merely two weeks
before Plaintiff was dismiss ed.
8l. On or about July 20, 1989, Defendant, BARRY, stated to
the Sun Sentinel that Plaintiff was fired for poor work
performance; that .. There is no sexual harassment in my office.
It's a smokescreen for her poor performance."
12
- .
~
82. As a direct and proximate result of the false,
scandalous, malicious, unprivileged and defamatory utterances by
the Defendant, BARRY, and the false contrived evaluation report
prepared by Defendant, BARRY's, Executive Secretary, Nancy Roti,
the Plaintiff was injured in her good name, personal standing and
reputation in her personal, social, and business Ii fe, and was
caused to be humiliated and embarrassed and brought into disgrace
before her peers and potential employers, and was caused to suffer
great mental pain and anguish.
--
83. The statements made by the Defendant, DELRAY, through
its agent, Defendant, BARRY, were wanton, willful, malicious and
without legal provocation thereby entitling the plaintiff to
compensatory damages from both defendants.
- _._- WHEREFORE, Plaintiff I RENE MONTELBAN demands a judgment
against the Defendants the CITY OF DELRAY BEACH and WALTER BARRY
for damages~prejudgrnent interest, costs allowed by law, \ reasonable
attorney's fees, and demands trial by jury.
This ~ day of B-c:t~ I 1990.
--- /""""
I u. S. Departr. ._..t of Justice
J
NOTICE OF RIGHI' TO SUE
WI'IHIN 90 DAYS
JRD:RIJV: ljt
Washington, DC 20530
July 27, 1990
CERTIFIED MAIL
Ms. Irene Montalban
c/o Max Rudrrann, Esquire
Attorney at law
Atrit.m\ Financial Center, suite 216
1515 North Fede-ral Highway
Ecca Raton, Florida 33432
- EEOC Clarge Against city of Cel=ay Eeach
Re:
No. J.50R92503 -----.- -------
Cear Ms. Mentalban:
Eec3.lLc:e you filed t.."1e a1:ove c.'lar'ge with t..'1e Equal Ewployment
Cppcrtunit'.1 Ccrnmission, and more than 130 days have elapsed since the date
the Ccrnrnission assumed jurisdiction over that c..~e, ar.d no suit based
t..l;.e=2Cn has beo-n filed by this Cepartnent, an:1 because you t...~ugh your
attorney have specifically requested this Notice, '.leu are hereby nctified
t..'1.at you have t...~e right to institute a civil action under Title VII of t...'1e
civ:.l Rights Act of 1964, as amended, 42 U .S.C. 2000e, et ~., against t...'1e
al:ove-nar;-.ed respondent.
If you'c..'1ocse to c:::mrr.ence a civil action, suc..'1 suit must l:e filed in
t..'1e at:prcpriate United States District c.::urt wit...~in 90 days of your receipt
o f t..~is Notice.
'The investigative file pertaining to your case is located. in t..~e EECC
District Office, Metro !-f.all Building, 6t..'1 Floor, 1 N.E. 1st Street, Miami,
Florida 33132.
This Notice should not l::e taken to mean t...'1at t...~e Cepartnent of Justice
has made a judgrr~~t as to whether or not your case is meritorious.
S~~ce~91~r ,
John R. D.mne
Assistant Attorney C..eneral
civil Rights Division
~q
By: "'p. , , 'U-&,....(1
Rita L. Wilson
Equal OpJ;Ortuni ty Special ist
Employment Litigation Section
co: EECC District Office
curtis L. ~~ck, Esquire
S 31.05 DELRAY BEACH CITY OFFICIALS AND EMPLOYEES 6
S 31.05 CITY ATTORNEYl QUALIFICATIONS. performance of public duties of the ~-
persons so actingl and
The City Attorney shall be a legal Wete not willful, wanton, or
resident, or have his principal office in (D)
the city, at the time of his appointment malicious.
and during his tenure of office. ('80 Code, 5 2-6 (c))
( '80 Code, S 2-4)
Statutory reference:
Cross- ref erence: I Payment of judgments or settlements,
Legal counsel for city, see Char~er see F.S. S 111.071
Sections 4.07 through 4.09 Authority of city to obtain indemnity
insurance, see F.S. S 111.072
LEGAL DEFENSE AND INDEMNIFICATION
OF OFFICIALS AND EMPLOYEES S 31.18 RESERVATION OF RIGHTS.
S 31.15 DEFINITION. The undertaking of legal defense by
the city under S 31.16 of this subchapter
For the purpose of this subchapter shall automatically be under a
the following definition shall apply reservation of rights regarding the
unless the context clearly indicates or eligibility of the subject claim for the
- requires a different meaning. benefits provided by this subchapter.
('80 Code, S 2-6(d)}
"CITY OFFICIALS AND EMPLOYEES. " The
Mayor, Ccmmissioners, all appointed 5 31.19 NO WAIVER OF DEFENSE.
officers of the city (including the
members of the City'Housing Authority, Nothing in this subchapter shall be
all board members, commission members, or construed to waive any defense in any
committee members of the city) and a 11 action which would be available, in the
administrative personnel and em~loyees of ubsence of this subchapter, to the city
the city. or individual city officials or
('80 Code, 52-6(a)) employees, including, but not limited to
those defenses which could be asserted
S 31.16 RIGHT OF REPRESENTATION. under F.S. S 768.28, or any successor
statute thereto.
The City Attorney's office, insurance ( '80 Code, S 2-6(e})
defense counsel, if applicable, or other
counsel appointed by the City Commission Statutory reference:
shall undertake the representation or payment of claims arising as tort
I defense, without charge, of city action under F.S. S 768.28, see
officials and employees with respect to F.S. S Ill. 071
any claim or cause of action arising out Payment of claims arising under Civil
of or related to the performance by the Rights Act, see F.S. S 111. 071
city officials or employees, as defined
by S 31. 15 , of their public duties.
( '80 Code, 52-6(b))
Statutory reference:
Defense of civil actions against
public officers or employees,
see F.S. S 111. 07
S 31.17 INDEMNIFICATION.
City officials or employees who are
personally liable for the payment of any
claims arising out of a civil action,
settlement, or judgment, or the expenses,
costs, and awards of attorney's fees
arising therefrem shall be entitled to
indemnification fr,em the city (except to
the extent the city's insurance coverage
provides payment) where the claim
resulted frem activities:
(A) Which were done in good faith;
(B) In which the city has an
interest;
(e) Which were within the course of
employment or in the course of
Ch. 111 PUBLIC OFFICERS' GENERAL PROVISIONS
persons connected with such office shall be delivered 111.07 Defense of civil actions against public om:
to the State Treasurer, for which amounts receipts shall cers, employees, or agents.-Any agency of the state'.
issue in due course and the amounts shall be placed in or any county, municipality, or political subdivision of ~'~,
the General Revenue Fund of the state. The State Treas. state, is authorized to provide an attorney to defend an ',":r{
urer shall preserve the statements so delivered to him civil action arising from a complaint for damages or injU~ 'i;'!\'
as a public record of his office. Where fees or other com. suffered as a result of any act or omission of action of
pensation or perquisites are allowed by law to be collect. any of its officers, employees, or agents for an act or
ed or received by any person in any state office for any omission arising out of and in the scope of his employ.
work or service done or rendered in connection with the ment or function, unless, in the case of a tort action, the
administration of such office, such fees, perquisites and officer, employee, or agent acted in bad faith, with mali-
compensation shall be collected and duly accounted for cious purpose, or in a manner exhibiting wanton and will.
as herein provided, ful disregard of human rights, safety, or property. De-
History.-s " ch, 6448, 1913; RGS 208; CGL 240 fense of such civil action includes, but is not limited to
any civil rights lawsuit seeking relief personally against
111.04 Officer failing to comply with law subject to the officer, employee, or agent for an act or omission un.
removal.-Any person failing to comply with the provi. der color of state law, custom, or usage, wherein it is al.
sions of s, 111,03 shall be regarded as having commit. leged that such officer, employee, or agent has depriVed
ted misfeasance in office and shall be subject to remov. another person of his rights secured under the Federal
ai, suspension or discharge as provided by law. Constitution or laws. Legal representation of an officer,
History.-s, 2. ch, 6448, 1913: RGS 209; CGL 241, employee, or agent of a state agency may be provided
111.045 Salaries of officers payable upon requisi- by the Department of Legal Affairs. However, any attor.
ney's fees paid from public funds for any officer, employ-
tion.- The salary of every officer shall be payable ee, or agent who is found to be personally liable by virtue
monthly upon his own requisition, of acting outside the scope of his employment, or was
History.-Formef s. 3. Art. XVI of the Constitution of 1885. as amended, converted acting in bad faith, with malicious purpose, or in a man-
10 statutory law by s_ 10. Art. XII of the Consti1utlon as lcvtsed in 1968. SPf' Flack
v Gfilflilm. 453 So2d 819 (Fla 1984) ner exhibiting wanton and willful disregard of human
111.05 Officer reinstated after suspension; back rights, safety, or property, may be recovered by the
state, county, municipality, or political subdivision in a
pay.-An officer who is lawfully entitled to resume the civil action against such officer, employee, or agent. If
duties of his office after his suspension by the Governor any agency of the state or any county, municipality, or
shall suffer no loss of salary or other compensation be. political subdivision of the state is authorized pursuant
cause of his suspension. His compensation which is un. to this section to provide an attorney to defend a civil ac.
paid because of his suspension is appropriated and tion arising from a complaint for damages or injury suf.
i shall be paid from the source and in the manner in which fered as a result of any act or omission of action of any
the compensation of the office is normally paid, If funds of its officers, employees, or agents and fails to provide
sufficient to pay his unpaid compensation are not avail. such attorney, such agency, county, municipality, or pe-
able in the proper source, the deficit is appropriated and Ii tical subdivision shall reimburse any such defendant
shall be paid from the general funds 01 the state or of who prevails in the action for court costs and reasonable
the political subdivision under which the office exists, as attorney's fees,
the case may be, Hietory.-s, 1. ch. 72-36: s, 1, ch, 79-139: s, 2, ch, 80-271; s, 55. ch, 81-259; s,
1, ch, 83-183
Hislo<y.-s, 1, ch, 57-71,
111.065 111.071 Payment of ju~gments or settlements
Law enforcement officers, civil or criminal against certain public officers or employees.-
action against; employer payment of costs and attor- (1 ) Any county, municipality, political subdivision, or
ney's fees.- agency of the state which has been excluded from par.
(1) For the purpose of this act, "law enforcement offi. ticipation in the Insurance Risk Management Trust Fund
cer" means any person employed full time by any munici. is authorized to expend available funds to pay:
pality or the state or any political subdivision thereof or (a) Any linal judgment, including damages, costs,
any deputy sheriff whose primary responsibility is the and attorney's fees, arising from a complaint for dam.
prevention and detection of crime or the enforcement of ages or injury suffered as a result of any act or omission
the penal, traffic, or highway laws of this state, of action of any officer, employee, or agent in a civil or
(2) The employing agency of any law enforcement civil rights lawsuit described in s. 111.07, If the civil ac.
officer shall have the option to pay the legal costs and tion arises under s, 768.28 as a tort claim, the limitations
reasonable attorney's fees for any law enforcement offi. and provisions of s, 768,28 governing payment shall ap-
cer in any civil or criminal action commenced against ply. If the action is a civil rights action arising under 42
such law enforcement officer in any court when the ac. U,S,C, s, 1983, or similar federal statutes, payments for
tion arose out of the performance of his official duties the full amount of the judgment may be made unless the
and: officer, employee, or agent has been determined in the
(a) The plaintiff requests dismissal of his suit; or final judgment to have caused the harm intentionally,
(b) Such law enlorcement officer is found to be not (b) Any compromise or settlement of any claim or liti.
liable or not guilty, gation as described in paragraph (a), subject to the limi.
History.-s, 1, ch, 76-191, tations set forth in that paragraph.
580
1ir
~ ~ ':').";'-i E:S, 1989 PUBLIC OFFICERS; GENERAL PROVISIONS Ch. 111
.~tf
.
r.. .1~ (c) Any reimbursement required under s. 111.07 for 111.072 Provision of insurance in anticipation of
e. court costs and reasonable attorney's fees when the judgments or settlements against officers, employees,
IE! ',~: county, municipality, political subdivision, or agency of or agents of any county, municipality, or political sub.
. ~\ division.-Any county. municipality, or political subdivi.
lY ',1', the state has failed to provide an attorney and the de.
r sion is authorized to be self-insured, to enter into risk
ry ~'(L fendant prevails.
of management programs, or to purchase liability insur-
(2) For purposes of this section, a "final judgment" ance for whatever coverage it may choose or to have
)r means a judgment upon completion of any appellate any combination thereof in anticipation of any judgment
", proceedings. or selllement which its officers, employees, or agents
Ie may be liable to pay pursuant to a civil or civil rights law.
Ii. (3) "Agency of the state" or "state agency," as used suit described in s. 111,07,
II. in this section, includes an executive department, a con. Hislory.-S, 3, ch, 79-139,
~. stitutional officer, the Legislature, and the judicial
), branch, 111.075 Elected officials; prohibition concerning
,t (4) This section is not intended to be a waiver of sov- certain committees.-Elected officials are prohibited
from being employed by, or acting as a consultant for
)- ereign immunity or a waiver of any other defense or im. compensation to, a political commillee or committee of
lI-
d munity to such lawsuits, continuous existence,
History.-s, 2. ch, 79-139: ss, 2. 3. ch,1lO-271, Hislory.-S 26. Ch, 89-256
31
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581
,;.~>
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {JJv1
SUBJECT: AGENDA ITEM # ~() - MEETING OF NOVEMBER 13, 1990
CANAL IN TROPIC PALMS
DATE: November 9, 1990
The item before you is a request for permission to have the City
provide the necessary services to clean up the canal behind
Dunlin Road in the Tropic Palms subdivision.
We have received complaints from residents along Dunlin Road with
respect to the canalIs condition (full of algae, overgrowth, bad
smell when the water is low, breeding mosquitoes, etc. ) . In
researching the matter, it is not absolutely clear which
governmental entity is responsible for the subject canal:
however, the City may elect to provide the necessary services
upon approval from the City Commission. It should be noted that
five years ago or so the City contracted with an environmental
aquatic weed company which did treat the canal.
Because of the nuisance situation involved, it is recommended
that the City Commission grant peER-ission for clean up of the
canal.
I
Me'mo 1?113 ~^-
From LULA BUTLER
Community Improvement Director
COMMUNITY IMPROVEMENT
To: ~i, !/~It~ Date: /01 7
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OCT 2 2 1990
CITY MANAGER'S OFFlCl
\
,
[ITY OF DElRAY BEA[H I ,
".
CITY ATTORNEY'S OFFICE 3 It) SI 1,[ SIHl.l T. sun oJ DIIHA Y BI',ACII, II OHIDA JJoJflJ
4\J7'243-711'Jl) T1UCOPllR 4117/278-4755
MEMORANDUM OCT 1
7 r~
Date: October 16, 1990
To: Richard Bauer, Code Enforcement Administrator
From: Susan A. Ruby, Assistant City Attorney
Subject: Canal Behind Dunlin Road in Tropic Palms
I received your October 15, 1990 memorandum wherein you checked
with various agencies regarding their policies in cleaning up
certain canals. From your survey, it appears that the entityls
contracted are denying responsibility. The plat indicates that
the canals referenced in your October 4, 1990 memorandum are
dedicated to the public. This dedication does not absolutely
require the City to service the waterway since the City has not
accepted maintenance of the dedicated waterway. The City, upon
approval by the City Commission, however, may elect to provide
the necessary services.
Also, it has come to my attention that five years ago or so the
City contracted with an environmental aquatic weed company
which did treat the canal.
Please contact me if you would further like to discuss this
m~rther .
SAR: h
Attachment
cc: Jeffrey S. Kurtz, City Attorney
;
. ri5~?:r!~~g'6
,. ... ---.... "~..... - . -.-
h'
MEMORANDUM City J.k;,! :.;,;:~";;. Oli;.:~
City of Ge~.1} u(;i3ch . .
f
TO: Susan Ruby, Assistant City Attorney ~
FROM: Richard Bauer, Code Enforcement Administrator
SUBJECT: CANAL BEHIND DUNLIN ROAD
DATE: October 15, 1990
At your request, we contacted various agencies servicing waterways in an attempt
to determine who is responsible for subject canal. The agencies, persons
contacted and comments received are as follows:
1. FIND (Florida Inland Navigation District): Nothing in Tropic Palms
area according to Freida Conners. --
2. County: We had previously conversed with Allan Steiner of the
Department of Environmental Resource Management. Mr. Steiner
indicated that since the canal in question was not deeded to the
County, it was not their responsibility.
3. LWDD (Lake Worth Drainage District): The canal in question is not the
responsibility of the LWDD according to Patrick Martin. They
suggested contacting Gerry Church, former City of Delray Beach City
Engineer (see below).
4. SFWMD (South Florida Water Management District): Not their
resp~bility according to Phil Hubbard.
-'-
As noted above, LWDD indicated that Gerry Church might have some knowledge of
this canal. We contacted Mr. Church at his residence in Highland Beach and he
indicated that the canal in question was probably the City's responsibility.
We checked some plat books and found the attached documents. The interpretation
and intent of which I leave to your office.
RB:mh
cc: Lula Butler
.
, "
, MEMORANDUM
TO: Susan Ruby - Assistant City Attorney >~'-'r'" -
FROM: Richard Bauer - Code Enforcement Administrator
SUBJECT: CANAL BEHIND DUNLIN ROAD IN TROPIC PALMS p.~:r6 r)?' :q'b---
-:..,~..: t ..1\::.''1
DATE: October 4, 1990 G. . ",_
.. I ;j~Cii.o~.
C'
, , .
I received a phone call from a resident who resides on Dunlin Road (Marge
Sibley, 2906 Dunlin Road). The resident was quite upset about the condition of
the canal in the rear of her residence. The Plat Book idicates subject canal as
running between the L-3~ and C-15 Canals. The resident indicated the canal was
full of algae. overgrowth. smelled horrible when the water was low, could be
breeding mosquitoes, etc.
We referred the citizen to the Lake Worth Drainage District which entity
apparently referred the citizen to Palm Beach County. The County Department of
Environmental Resource Management through Allan Steiner. of the Aquatic Weed
Control Division. apparently explained that the County was not fully responsible
for the canal. In the past. apparently. the County was servicing the canal but
since then a policy change occurred - now they service only canals deeded to the
County.
I spoke to Allan Steiner and he indicated to me that the canal in question was
not deeded ~ny specific entity but rather to the public. Apparently, in the
past someone~ spraying and controlling the weed growth in the c~nal (the
resident said it was the City).
As note above, the resident indicated that up to about 1 1/2 years ago, someone
(she said the City) periodically was spraying the growth and mosquitoes in the
canal. I have no knowledge or information of the city ever doing this - but I
suspect it was actually the County.
In any event. the question is who has legal responsibility for the conditions in
the subject canal? I could not give the resident an answer but indicated I would
try to get some information.
Allan Steiner indicated he would have his crew check the canal and do whatever
(if anything) his policies would allow. He also indicated that there are canals
off Lake Ida that fall into the same situation - canals the city apparently
approved according to Allan.
I believe the complainant is angry enough to go the Commission, along with other
residents along Dunlin Road concerning conditions in subject canal.
.
.
,
PAGE TWO
Any assistance or information you or anyone else Copied on this memo can give
would be appreciated. If responsibility does turn out to rest with the City,
perhaps some inter-local agreements could be worked out with another entity to
maintain these water ways.
RB:ib
cc: Lula Butler
David T. lIarden
William Greenwood
David Kovacs --
~
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER l-9/v1
SUBJECT: AGENDA ITEM # 9.p - MEETING OF NOVEMBER 13, 1990
RESOLUTION NO. 108-90
DATE: November 9, 1990
A Resolution amending Resolution No. 63-90, extending the Sun
Bank $8 Million Water/Sewer Line of Credit repayment date from
December 31, 1990 to December 31, 1991-
This action is necessary to amend and restate the prior agreement
to reflect the adoption of the Note Resolution and the extension
of the Line of Credit.
Recommend adoption of Resolution No. 108-90.
. -
.
.
Agenda Item No. :
AGENDA REQUEST
Date: 11-06....,90
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 11-13-90
Description of agenda item (who, what, where, how much):
Amendment to Resolution Number 63-90 extending the Sun Bank $8 Million Water/Sewer
Line of Credit repayment date from December 31, 1990 to December 31, 1991.
ORDINANCE/ RESOLUTION REQUIRED: ~NO Draft Attached: YES/~
*prepared by Bond Counsel (Mudge Rose - Final will follow before the en of the week,
Recommendation: Approval of amendment is recommended.
Department Head Signature:
Determination of Consistency
City Attorney Reviewj Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YESj NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.. .
FIRST AMENDED __AGREEMENT REGARDING LINE OF CREDIT ! # 7
~HEREAS. Sun Bank/South Florida, National Association (the I#JO
"Bank") ./., nas offered to make a closed-end line of credit (the "Line 1 # 11
of Credit") ~vailable to the city of Delray Beach, Florida (the #12
"city"), in the principal ~mount of not exceeding $8,000,000 under 1#13
which the City maYL from time to time, make drawings; and 1#14
~HEREAS. the City Commission of the City of Delray Beach, 1#15
Florida (the "city commission"), Q,n June 26, 199!L.. adopted Ci.ty 1#15.]
Resolution No. 63-90 (the Prior "Resolution") ~uthorizing the issu- 1#17
ance of not exceeding $8,000,000 principal amount Qity of Delray #18
Beach, Florida, Water and Sewer Revenue Bond Anticipation ~ote, 1#19
Series 1990A, which Bond Anticipation Note, Series 1990AL 2ha1l rep- 1#20
resent the City's obligation to reimburse the Bank for drawings made 1#21
under the Line of Credit; and I 1#(21)
WHEREAS, under the Prior Resolution, the Line of Credi t JR~_!.,)
had an expiration on December 31, 1990. 1#23
WHEREAS, the city and the Bank have entered into that cer- l~_
ta.;Ln Aqreement Reqardi.ng Line of Credit dated June 29..L-19~J;.h~ LR4..:
~J?rior Aqreement'~L.. Whi,~b. eviden~es J;.he B~nl:c~~g~e~~nt t.9__-P;t9vlq~ J~.!.~
t_he Line of Credit to the City pursuant to the tenns and provisions J1..~~~
of the Prior Resolution; and 1#(24
~EREASL the Ci tLJ!.nd the BflJlk. now desire:that tlle tenn of !t~.4'HI
the Line of Credit be extended to December 31, 1991; and 1#24.-
WHEREAS, to evidence the exte~sion of the Line o~ Credit J~~
until December 31, 1991, the City Commission did, on November .1.h J.~h.
1990, adopt Re.sol ution No. 108-90 [the "Not,e Resolution"} which Jt~.1~.
amended and restated the Prior Resolution: and 1#(24
WHEREAS, the city and the Bank find it necessa~o am~rrg l#~
and restate the Prior Aqreement tol reflect the ado-ption of the Note l~
Resolution and the extension of the Line of Credit. !#(24
NOW THEREIFORE. the city and the Bank hereby aqree as !!?~
follows: 1#(25
1. That the Bank shall make available to the City the Line #26
of Credit in an aggrega~e principal amount of not exceeding #27
$8,000,000 which shall be ~vailable to the City in one or more draw- 1#28
ings prior to December 31, 1991. 1#(28
~. That the Line of Credit shall expire on December 31, 1#29
1991, and the outstandin~rincipal ~mount of any drawings including 1#30
interest thereon shall become due and 12ayable on sucjl date unless JJLJ.,!
alII of such drawinqs have been prepaid prior to such datel. 1#31.
~4348.25.2788.09:3 #10
.
.
.1. That the Bank hereby accepts the terms and conditions #32
set forth in the Note Resolution. 1#33
~UN BANK/SOUTH FLORIDA, #36
NATIONAL ASSOCIATION #(36)
is EAL) By: #38
Title: #39
Qate: #40
Attest City of Delray Beach, Florida #42
By: #44
Qlerk of the City of Delray Title: Mavorl 1#45
Beach, Florida I 1#46
I Date: 1#48
=.2- !#5
94348.25.2788.09:3 #(5)
.
RESOLUTION NO. 108-90 ! #14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY #17
BEACH, ~LORIDA, AMENDING AND RESTATING RESO~JQN .!!<2~ 63-.90 11:M!
ENTITLE~ "A RESOLUTION OF THE CITY comnSSION OF THE CITY tt1JL.l
OF DELRAY BEACH, FLORIDA , AUTHORIZING THE ISSUANCE OF THE ! # (18.
NOT EXCEEDING $8, 000 , 000 ~INCIPAL AMOUNT WATER AND SEWER ! #19
REVENUE BOND ANTICIPATION NOTE, SERIES 1990A, QF THE CITY #20
OF DELRAY BFACH, FIORIDA, PURSUANT TO A LINE OF CREDIT HADE 1# (20)
AVAILABLE THROUGH ~UN BANK/SOUTH FLORIDA, NATIONAL #21
ASSOCIATION, FOR THE PURPOSE OF PROVIDING snORT TERM # (21)
FINANCING l.OR THE COST OF DESIGN, ENGINEERING AND CONSTRUC- 122
TION OF VARIOUS WATER AND SEWER CAPITAL IMPROVEMEN'I'S TO THE '23
CITY'S ,COMBINED ~LIC UTILITY: ~DING FOR THE TERMS AND #24,25
PAYMENT OF SAID WATER AND SEWER REVENUE ~ ANTICIPATION 126
NOTE, SERIES 1990A, ~D THE RIGHTS, REMEDIFS AND SEaJRITY #27
OF THE OWNERS THEREOF: MAKING CERTAIN COVENANTS REIATING TO '28
THE ISSUANCE OF SAID WATER AND SEWER REVENUE BOND '(28)
ANTICIPATION NOTE, SERIES 1990A: l).UTHORIZING THE PROPER #29
OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECES- !#30
SARY OR ADVISABLE IN CONNECTION WI'l'H THE ISSUANCE OF SAID 1# PO)
NOTEL.. AND PROVIDING FOR AN EFFECTIVE DATE" TO PROVIDE FOR lli~]
AN EXTENSION OF THE TERnS OF THE LINE OF CREDn'.-i. PROVID,;m~ ! t;'J}~
FOR FURTHER TECHNICAL CORRECTIONS; AND PROVIDING FOR AN !'31
EFFECTIVE DATE. #(31)
WHEREAS , lthe City Commission (the "City Commission") of 1#35
the City of Delray Beach, Elorida (the "city"), duly adopted !#36
Resolution No. 46-90 on April 24, 1990 {the "Bond Resolution"), #37
authorizing the issuance of not exceeding $8,000,000 ~ater and Sewer #38
Revenue Bonds (the "Bonds") of the City for the purpose Qf financing #39
certain additions, extensions and improvements (the "Project" as more #40
fully described herein) to the City's Combined Public utility (as #(40)
defined gelow) ; and #41
WHEREAS, the city commission did, on June 2~L-199Q, adopt Lt12
R~soluti.on No. 63 -9Q (the "Prior Resolution..l.2-.-3lltl].g~i.~.i.l}g_th~_~ssu- !JL1A
ance of not exceedinq $8,000,000 in aqqreqate principal amount of a l!i2
WJl_:ter and Sewer R~Y~!!\,le Bon~t Ant.t9j,patio.!LJi.9:t~.L $E::!ries...J29JllL.i.tb~ 1 #46
"Note" ) for the purpose of providinq short term financinq for the ! !!tI
Proiect; and 1#(47}
~~~S, pursuant to that certain Aqreement Req~gip~De l~
of C]:"~di t-L d~ted June 29, 1990 (the "Prior Aqreement"), by and .! tL2.Q
between Sun Bank/South Florida, National Association (the "Bank"), lli.1
=1- Res. No. 108-90 !#12
94348.25.2788.07:2 1#(12)
.
ang the city, the Bank has aqreed to make available to the city a ~
closed-end lin~ of credit in the aqqre~qte principal amount of not l!2l
exceedinq $8,000,000 (the "Line of credit"); and !#54
~~~~:L.. the t_~rm~ an<t.Qrovis!.gns of ttle_ Pr~9.L.R~!S9l\lti(m .LliG.
pr9vide, among other thinqs, that any drawings by the city under the ~
Line of credit will be evidenced by the Note and qrid notations ~
thereon; and !#(58)
~EREAS , purs.\Jant to the tez::lJlS and proY:i.pioI)EL9L1;h~LITiQ~ tj&..Q.
Resolution and Prior Aqreement, the Line of Credit shall expire on JJL~J:.
December 31, 1990; !#(61)
WHEREAS , the City commission .h~l:'eby finqs_'~:lg~t_i.t.~9.'Jld_~~ljt.22
in the best interest of the city to extend the expiration date for Lj64
the Line of Credit until December 31, 1991; and !#(64)
WHEREAS , the Bank has aqreed to extend ttle Line oK-Gregit lj~~
~ntil pec.ember 31, 1991, under the same terms set forth in the Prior 1~67
Resolution: and 1#(67)
WHEREASL the city commission desi~es to provide for suph .1#69
extension by adoptinq this Resolution amendinq and restatinq the llUQ
Prior Resolution. !#(70)
~OW, THEREFORE, I BE IT RESOLVED BY THE CITY COMKISSION OF ! '73
THE CITY OF DELRAY BEACH, ~LORIDA, ~S FO.LIDWS: 1#74,7
SECTION 1. That Resolution No. 63-90 be, and the same is hereby 1#75.1
amended and restated to read as follows: !#(75.
2\RTICLE I #76
STATUTORY AUTHORITY: FINDINGS AND DEFINrTIONS #(76)
SECTION 1.1. AUTHORITY FOR THIS RESOLUTION. This #78
Resolution is adopted pursuant to the provisions of the Charter of #(78)
the Qity of Delray Beach, Florida, as amended and supplemented, the #79
Florida constitution, Chapter 166 and section 215.431, Florida # (79)
statutes, ~s amended and supplemented, and other applicable provi- #80
sions of law. #(80)
SECTION 1.2. FINDINGS. It is hereby ascertained, deter- #82
mined and declared: #(82)
=2- Res. No. 108-90 1#12
94348.25.2788.07:2 !#(12)
~. That, in light of the need to finance the cost of #84
gesign, engineering and construction of the Project, and in light of #85
the ~omplexity and short-term nature of this financing, the city #86
finds that it is in the best interest of the city to enter into a #87
negotiated sale of the Note to the Bank. #88
~. That the Note authorized herein shall have a first lien #90
of the proceeds of the Bonds. #(90)
G. That the cost of the Project shall be deemed to #92
include, but not be limited to, the cost of ~onstruction and improve- #93
ments, the cost of real estate, including easements ~nd other inter- #94
ests therein, or any other property real or personal, necessary #(94)
therefor; administrative expenses; ~ngineering, design and legal #95,96
expenses; expenses for fiscal agents or financial services; ~xpenses #97,98
for plans, specifications and surveys; and ~uch other expenses as may #99
be necessary or incidental to the Project ~nd the issuance of the #100
Note herein authorized. #(100)
p. That the principal of and interest on the Note shall ge #102,1
paid ~olely from the Pledged Revenues (as defined herein) . #104
SECTION 1.3. DEFINITIONS. That, as used herein, the fol- #106
lowing terms shall have the following meanings ~nless the context #107
otherwise clearly requires (provided. however, that any capitalized #(107)
term used herein ~nd not otherwise described shall have the meaning #108
ascribed to such terms in the Bond ReSOlution): #l09
la) "Act" shall mean the Florida Constitution, Chapter 166 #111
and Section 215.431 of the Florida Statutes, as amended and supple- #(111)
mented, ~nd the Charter of the City of Delray Beach, Florida, as #112
amended and ~upplemented, ~nd other applicable provisions of the #113,]
law. #(114)
ib) "Bank" shall mean Sun Bank/South Florida, National #116
Association, the Noteholder. #(116)
{c) "Bond Counsol" shall mean Mudge Rose Guthrie Alexander #118
& Ferdon or any other firm Qf nationally recognized bond counsel #119
selected by the Issuer. #(119)
id) "~Q.I [ld-Besolution" shalJ,. mean Res_oluti.9!LNo. 46-.2Q! t+l~L.
~q9p-ted by t~e City Commission on April 24. 1990, authQrizinq~Q~ ljJ19~
issuance of the Bonds. !#(11~
i.e) "Bonds" shall mean the Water and Sewer Revenue Bonds 1..1.119.
authori?:_ed to be issued in the aqqr.~_gate Qrincj.,R.C!l_ amQll..!:It..91_lJotUt;LJ,2.
exceedinq $8~~000 l2ursuant to the terms and provisions of the Bond !.#119.
Resolution and the Oriqinal Resolution. 1#119.,
=3- Res. No. 19~-90 !#12
94348.25.2788.07:2 !#(12)
if) "City" shall mean the City of Delray Beach, Florida, a #121
municipal corporation in the County of Palm Beach, ~tate of Florida, #122
and its successors and assigns. #(122)
ig) "Combined Public utility" shall mean the Combined #124
Water System and Sewer System of the City. #(124)
ih) "City Commission" shall mean the duly g,onstituted gov- #126,1
erning body of the city. #(127)
1i) "Code" shall mean the Internal Revenue Code of 1986, #129
as amended, the applicable Treasury Regulations promulgated thereun- #130
der ~nd any administrative or jUdicial interpretations of the same #131
gublished in a form on which the City may rely as a matter of law. #132
ij) "Debt Service Fund" shall mean the Delray Beach Water #134
and Sewer Revenue Bond Anticipation Note Debt Service Fund, g,reated # 13 5
and established pursuant to this Resolution gnd which is the fund in #136
which the Pledged Revenues shall be deposited Qy the City for the #137
payment of the Note. #(137)
ik) "Interest Rate" shall mean the rate of interest on the #139
Note which, when g,alculated on a 365-day basis, shall be equal to #140
seven and eighty-six hundredths percent (7.86%) ger annum. #141
il) "Maturity Date"" shall mean with respect to the prin- #143
cipal of and interest on the Note, Qecember 31, 1991.. l#144
Jm) "Net Revenues" shall mean the Gross Revenues remaining #146
after deduction of operating ~xpenses. #147
in) "Note" shall mean the not exceeding $8,000,000 aggre- #149
gate principal amount of Water and Sewer Revenue Bond Anticipation #(149)
Note, Series 1990A, ~uthorized by this Resolution. #150
io) "Noteholder" or "Owner" or "Holder" or any similar #152
term shall mean any person who shall be the registered owner Qf the #153
Note outstanding under this Resolution. #(153)
iF) "Operating Expenses" shall mean the expenses of oper- #155
ating, maintenance and ordinary repairs Qf the Combined Public l#156
utility and its Facilities (as such term is defined in the Bond 1#(156
Resolution) and shall include, without limiting the generality of the #157
foregoing, insurance premiums, administrative expenses of the city #158
relating ~olely to the Combined Public utility, and such other rea- #159
sonable expenses ~s shall be in accordance with generally accepted #160
accounting principles. ~Operating Expenses" shall not include any #161
allowance for depreciation Qr any extraordinary items arising from #162
the early extinguishment of debt. #(162)
-4- Res. No. 108-90 !#12
94348.25.2788.07:2 1#(12)
iq) "Qr:i,..gj,n~). Bonds_" shaJ):_ll1~Cl.IL.the C:i,.~~_qtlt$tan~Ung lltl2 ~
Water and Sewer Refunding Revenue Bonds, series 1988, issued pursuant 1#162.
to the terms and provisions of the Oriqinal Resolution. !#(162
ir) "Original Resolution" shall mean Resolution No. 36-88 l.tl62.
adQpted by the City Commission on June 28, 198~ 9~ ~em!ed, sl,lp.Q.le- lj!J.~b
mented and restated by Resolution No. 39-88 adopted bY the city 11162.
commission on July 12, 1988, as further amended and supplemented. 1#162.
is) "Paying Agent" shall mean the city's Finance #164
Department or, if the city commission shall so determine by subse- #165
quent proceeding, ~ny bank or trust company and any successor bank or #166
trust company that may be appointed by the city to act as Paying #167
Agent hereunder. #(167)
it) "Payment Date" shall mean the Maturity Date Q.r any #169,1
prior date the principal of the Note is optionally prepaid in whole #171
or in part. #(171)
Lu) "Pledged Revenues" shall mean, (i) the proceeds of the #173
Bonds ~nd (ii) the Net Revenues deposited in the Debt Service Fund #174
(after all the deposits required by Section 4.D of Article III, #(174)
Part I Q.f the Original Resolution have been made by the City, subject #175
to the prior lien on such moneys for the payment of the Original #176
Bonds and reimbursement to the provider of the Reserve ~ccount Credit 1#177
Facility Substitutel). !#(177
iv) "Project" shall mean the cost of the construction and #179
acquisition of ~dditions, extensions and improvements to the Combined #180
Public ~tility of the city, consisting of, but not being limited to #181
odor abatement additions ~nd modifications to the treatment and dis- #182
posal system operated by the south Central Regional Wastewater #(182)
Treatment and Disposal Board ~nd the acquisition of any lands or #183
interests therein or any other properties deemed necessary or conven- #184
ient therefor; gngineering costs relating to the City's water treat- #185
ment plant Qonversion to lime softening; gngineering costs, and legal #186,1
and financing fees and expenses; the costs of issuance of the Note: #188
expenses for estimates of costs and of revenues and expenses for #(188)
plans, ~ecifications and surveys, administrative expenses relating #189
solely to such Qonstruction and acquisition. #190
iw) "Registrar" shall mean the City'S Finance Department #192
or, if the City commission shall so determine by subsequent proceed- #193
ing, ~ny bank or trust company and any successor bank or trust com- #194
pany t.hat may be appointed by the City to act as Registrar #195
hereunder. #(195)
=.5- Res. No. 108-90 1#12
94348.25.2788.07:2 1#(12)
Lx) "Reserve Account Credit Facility Substitute" shall #197
mean the surety bond provided by MBIA in connection with the Original #(197)
Bonds. # (197)
{y) "Resolution" shall mean this Resolution as the same #199
may from time to time be amended and ~upplemented in accordance with #200
the terms hereof. #(200)
l.z) "Revenues or "Gross Revenues" shall mean all rates, #202
fees, charges, or other income, received by the City or any agency #203,2
thereof ~n control of the management and operation of the Combined #205
~ublic utility, and all parts thereof, from the operation of the #206,2
Combined Public utility ~nd shall also include the ~arnings and #208,2
investment income derived from the investment Q.f moneys on deposit in #210
the various funds and accounts created and established ~nder the 1#211
original Resolution. and continued and maintained under the terms and 1#211.
provisions of the Bond Resolution, which by the terms and provisions 1#(211
of the original Resolution and the Bond Resolution are ~equired to be !#211.
deposited in the Revenue Fund and the Interest Account, provided, #(212)
however, that Revenues shall not include i1) Pledged Impact Charges #213
(2) Unpledged Impact Charges (3) Special Assessments and (4) capital #(213)
contributions. #(213)
Words importing singular number shall include the plural #214
number ~nd vice versa, as the case may be, and words importing per- #215
sons shall include firms and ~orporations. #216
SECTION 1.4. RESOLUTION CONSTITUTES CONTRACT. In consid- #218
eration of--the acceptance of the Note authorized to be issued hereun- #219
der by those who shall own the same from time to time, this # (219)
Resolution ~hall be deemed to be and shall constitute ~ contract #220,2
between the City and the Noteholder and the ~ovenants and agreements #222
herein and therein set forth to be performed by said City shall ~e #223
for the benefit, protection and security of the Noteholder. #(223)
ARTICLE II #224
AUTHORIZATION, TERMS, EXECUTION AND # (224)
REGISTRATION OF THE NOTE #(224)
SECTION 2.1. AUTHORIZATION OF THE NOTE. Subject and pur- #226
suant to the provisions of this Resolution, an obligation Qf the City #227
to be known as "Water and Sewer Revenue Bond Anticipation Note, #(227)
Series 1990A" is hereby authorized to be issued in the grincipal #228,2
amount of not exceeding Eight Million Dollars ($8,000,000) for the #(229)
purpose of Qroviding short term financing for the costs of the #230
Project. #(230)
-6- Res. No. 108-90 !#12
94348.25.2788.07:2 !#(12)
SECTION 2.2. DESCRIPTION OF THE NOTE. The text of the #232
Note shall be substantially in the form attached hereto as Exhibit A #(232)
~ith such omissions, insertions and variations ~s may be necessary #233,2
and desirable, ~s evidenced by the city's execution thereof. #235
The Note shall be dated the date of the first drawing. The #236,2
Note shall bear interest on the outstanding principal amount of the #(237)
Note from time to time at the Interest Rate gayable on the Payment #238,2
Date. With respect to any Payment Date prior to the Maturity Date, #241
interest shall be payable only with respect to that gortion of the !#242
outstanding principal amount of the Note that is actually re~aid. !#(242
lThe principal of the Note and all accrued and unpaid interest on the !#244
Note ~hall be payable on the Maturity Date. The Note shall be issued 1#245,
in registered form. # (246)
~rincipal and Interest shall be payable at the Qffice of #247,2
the Paying Agent (principal corporate trust office if the City's #249
Finance Department is not the Paying Agent). The Note shall be num- #(249)
bered in such manner ~s may be prescribed by the Registrar. #250
~he Note shall be payable, with respect to interest, grin- #251,2
cipal and premium, if any, in any coin or currency of the ~nited #253
states of America which at the time of payment is legal tender for #254
the payment of public and private debts. #(254)
~he Note shall be subject to prepayment, at the option of #255
the City, in whole or in part, ~t any time without premium or #256
penalty. The Registrar shall provide written notice of prepayment to #257
the Noteholder, ~t least two (2) days prior to the Payment Date. #258
SECTION 2.3. EXECUTION OF THE NOTE. The Note shall be #260
executed in the name of the city Qy the signature of the Mayor of the #261
city and ~ts official seal shall be affixed thereto or imprinted or #262
reproduced thereon and attested by the city Clerk. The signatures of #263,2
the Mayor of the City and City Clerk on the Note may be manual Qr #265
facsimile signatures. In case anyone or more of the officers who #(265)
shall have signed or sealed the Note shall cease to be such officer #266
of the city before the Note so signed and sealed shall have been #267
actually sold and delivered, ~uch Note may nevertheless be sold and #268
delivered as herein provided and may be issued as if the person who #269
signed or sealed such Note had not Qeased to hold such office. The #270
Note may be signed and sealed on behalf of the City by such person #271
who at the actual time of the execution of the Note shall hold the #(271)
proper office, ~lthough at the date the Note shall be actually deliv- #272
ered such person may not have held such office or may not have been #273
so authorized. #(273)
The Not,e shall bear thereon a certificate of #274
authentication, in the form ~et forth on Exhibit A attached hereto, #275
=7- Res. No. 108-90 !#12
94348.25.2788.07:2 1#(12)
executed manually by the Registrar (when the City's Finance #(275)
Department shall act as Registrar, the certificate of authentication #276
shall be manually executed by the Qity's Finance Director). Qnly the #277,2
Note as shall bear thp.reon such certificate of authentication shall #(278)
be ~ntitled to any right or benefit under this Resolution and no Note #279
shall be yalid or obligatory for any purpose until such cel~ificate #280
of authentication ~hall have been duly executed by the Registrar. #281
The certificate of authentication of the Registrar upon the Note exe- #282
cuted on behalf of the City shall be conclusive ~vidence that the #283
Note so authenticated has been duly authenticated and gelivered under #284
this Resolution and that the Owner thereof is entitled to the bene- #285
fits of this Resolution. #(285)
SECTION 2.4. NEGOTIABILITY, REGISTRATION AND CANCELIATION. #287
At the option of the registered Owner thereof but subject to the #(287)
prior written approval of the city's Qirector of Finance (which shall #288
not be withheld if the intended transferee ~rovides a suitability 1#289
letter addressed to the city Las to the sophistication of the 1#289.
investor}J and upon surrender thereof at tpe office of the Registrar 1#290
(principal corporate trust office if the ~ity's Finance Department is #291
not the Registrar) with a written instrument of transfer satisfactory #292
to the Registrar duly executed by the registered Owner or his duly #293
authorized attorney and upon payment by the ~egistered Owner of any #294
charges which the Registrar may make as provided in this ~ection, the #295
Note may be exchanged for another Note of the same maturity. #(295)
Xhe Registrar shall keep books for the registration of the #296
Note and for the Kegistration of tram:; fers of the Note. Xhe Note #297,2
shall be transferable by the Owner thp.reof in person or by his/her #(298)
attorney guly authorized in writing nnly upon the books of the city #299
kept by the Registrar and only upon surrender thereof together with a #300
written instrument of transfer ~atisfactory to the Registrar duly #301
executed by the Owner or his/her duly authorized qttorney. Qpon the #302,3
transfer of such Note, the City shall issue in the name of the trans- #(303)
feree ~ new Note. #304
The city, the Paying Agent and the Registrar ~h~~! deem and 1#305
treat the person in whose name the Note shall be registered upon the !#306
books kept by the Registrar ~s the absolute Owner of such Note, #307
whether such Note shall be overdue or not, for the ~urpose of receiv- #308
ing payment of, or on account of, the principal of and interest on #(308)
~uch Note as the same become due and for all other purposes. All #309
such Qayments so made to any such Owner or upon his/her order shall #310
be valid and effectual to satisfy and discharge the liability upon #311
such Note to the extent of the sum or sums so paid, ~nd npjlher the #312
City, the Paying Agent nor the Registrar shall be affected by any #(312)
notice to the contrary. #313
=8- Res. No. 108-90 1#12
94348.25.2788.07:2 !#(12)
In all cases in which the privilege of exchanging or #314
transferring the Note is exercised, the City shall execute and the #315
Registrar shall authenticate and deliver the Note in accordance with #316
the provisions of this Resolution. The Note ~urrendered in any such #317
exchanges or transfers shall forthwith be delivered to the Registrar #318
and cancelled by the Registrar in the manner provided in this #(318)
section. ~here shall be no charge for any such exchange or transfer #319
of the Note, but the City or the Registrar may require the payment of #320
a sum sufficient to pay any tax, fee or other governmental charges #321
required to be paid with respect to such exchange or transfer. #(321)
~he Note paid or redeemed, in__~l'1Ql~-L either at or before ! #322
maturity, shall be gelivered to the Registrar when the payment or 1#323
redemption is made, and such Note, ~hall thereupon be promptly #324
cancelled. T.he Note so cancelled may at any time be destroyed by the #325
Registrar, who shall ~xecute a certificate of destruction in dupli- #326
cate by the signature of one Qf its authorized officers describing #327
the Note, and one ~xecuted certificate shall be filed with the City #328
and the other ~xecuted certificate shall be retained by the #329
Registrar. #(329)
S.ECTION 2.5. THE NOTE MUTIIATED, DESTROYED, STOLEN OR IDST. #331
In case the Note shall become mutilated, destroyed, stolen or lost, #(331)
the City may execute and the Registrar shall authenticate and deliver #332
a new Note Qf like date, maturity and denomination as the Note so #333
mutilated, gestroyed, stolen or lost; provided that, in the case of #334
any mutilated Note, ~uch mutilated Note shall first be surrendered to #335
the City and, in the case of ~ny lost, stolen or destroyed Note, #336
there shall first be furnished to the City ~nd the Registrar (if not 1#337
the city's Finance Department) evidence of such loss, theft, or !#(337
destruction satisfactory to the City and the Registrar, together with 1#338
indemnity satisfactory to them. In the event the Note shall be about 1#339
to mature or have matured, instead of issuing a duplicate Note, the 1#340,
City may pay the same without surrender thereof. The City and the #342
Registrar (if not the City's Finance Department) may charge the OWner #(342)
of such Note their reasonable fees and ~xpenses in connection with #343
this transaction. Any Note surrendered for ~eplacement shall be can- #344
celled in the same manner as provided in Section 2.4 hereof. #(344)
Any such duplicate Note issued pursuant to this section #345
shall constitute ~dditional contractual obligations on the part of #346
the City, whether or not the lost, ~tolen or destroyed Note be at any #347
time found by anyone, and such guplicate Note shall be entitled to #348
equal proportionate benefits and rights ~s to lien on the source and #349
security for payment from the Pledged Revenues, ~ith the Note issued #350
hereunder. #(350)
SECTION 2.6. CONDITIONS FOR DRAWING UNDER THE LINE OF #352
CREDIT AND ISSUANCE OF THE NOTE. In connection with a drawing under #(352)
=9- Res. No. 108-90 1#12 94348.25.2788.07:2 1#(12)
the Line of Credit (a "Drawing") the following conditions will #353
apply: #(353)
ia) Except in the case of the initial Drawing, written #355
notice of the City's intention to make a Drawing at least two (2) #356
business days prior to the date ~ecified for such Drawing (such #357
notice shall indicate whether there has been ~ny change in the #358
Project ~nd shall confirm that the City is in compliance with the #359
covenants set forth in ~ection 3.3 hereof); and #360
{b) In the event of a change in Project, the opinion of #362
Bond Counsel, ~atisfactory to the Noteholder, that such Qrawing shall #363,3
not adversely affect the exclusion of interest on the Note from #(364)
income for Federal income tax purposes; and #365
ic) Only with respect to the first Drawing, a fully exe- #367
cuted Tax certificate, gated as of the date of such Drawing; and #368
{d) Only with respect to the first Drawing, a copy of a #370
completed and executed [orm 8038-G to be filed with the Internal #371
Revenue Service; and # (371)
Ie) Only with respect to the first Drawing, g~Opinion of 1#373
Bond Counsel, ~atisfactory to the Noteholder, regarding the due 1#374,
authorization, execution, delivery, validity and enforceability Qf #376
the Note and the due adoption of the Resolution (enforceability of #(376)
such instruments may be subject to standard bankruptcy exceptions and #377
the like) ~nd the exclusion of interest on the Note from gross income #378
for Federal income tax purposes, that the Note is not a specified #379
"private activity bond" Yiithin the meaning of section 57 (a) (5) of the #380
Code and, therefore, the interest on the Note will not be treated as #381
a preference item for purposes of computing the alternative minimum #382
tax imposed by ~ection 55 of the Code (however, a portion of the #383
interest on the Note Qwned by corporations may be subject to the #384
Federal alternativp. minimum tax which is ba~ed in part on adjusted #385
net book income 01. adjusted current ~arnings); and #386
if) Only with respect to the first Drawing, Opinion of #388
Counsel to city, ~atisfactory to the Noteholder, ~egarding the due #389,3
authorization, execution, delivery, validity and ~nforceability of #391
the Note and the due adoption of the Resolution (enforceability may #392
be subject to standard bankruptcy exceptions HIH..l the like). #393
SECTION 2.7. GRID NOTATION. With respect to Drawings on 1#395
the Line of Credit and repayments, in part thereof, the City and the !#396
Bank shall make the appropriate notations on the "Grid" attached to #(396)
the Note. The Grid shall be severable from the Note. #397
=10- Res. No. 108-90 !#12
94348.25.2788.07:2 1#(12)
~TICLE III #398
COVENANTS, F1JNDS AND APPLICATION THEREOF # (398)
SECTION 3.1. THE NOTE NOT TO BE INDEBI'EDNESS OF THE CITY. #400
The Note shall not be and shall not constitute an indebtedness of the #(400)
City ~ithin the meaninq of any constitution;=tl, statutory, charter or #401
other limitation Qf inrl<'l,tedness but shall he payable solely from the #402
Pledged Revenues, ~s 11I-ovidecl in this Resolution. No Holder or #403
Holders of the Note issued h'?1:eunder shall ever have the riqht to #404
compel the exercise of t-he ,1<1 valorem taxing power of the City, or #405
taxation in any form of ;lny ,-eal property therein to pay the Note or #406
the interest thereon. The pledge of the Pledged Revenues shall not #(406)
constitute a lien ypon the Combined Public utility or upon any other #407
property whatsoever of or in the city. #408
SECTION 3.2. NOTE SECURED BY PLEDGE OF PLEDGEO REVENUES. #410
From and after the issuance of the Note, and continuing until the #411
payment of the Note as to principal and interest, the Eledged #412
Revenues shall continue to be pledged for the prompt payment Qf prin- #413,4
cipal of and interest on said Note. #(414)
SECTION 3. 3. COVENANTS OF THE CITY. As long as any of the # 416
principal of or interest on the Note shall be outstanding and unpaid, #(416)
or until there shall have been set apart in the Debt Service rund in #417
accordance with section 3.6 hereof a sum sufficient to pay, when due, #(417)
the entire principal of the Note ~emaining unpaid, together with #418
interest accrued and to accrue thereon, the City covenants with the #(418)
Noteholder as follows: #(418)
~. Tax Covenants Relating to the Internal Revenue Code of '420
1986, as amended. 1. In order to maintain the exclusion from gross #(420)
income for purposes of Federal income taxation of interest on the #(420)
Note, the City covenants to comply with each requirement of the #421
Code. In furtherance of the covenant contained in the preceding sen- #422
tence, the Qity agrees to continually comply with the provisions of #423
the ~Tax Certificate as to Arbitrage and Instructions as to #424
Compliance with the ~rovisions of Section 103(a) of the Internal 1#425
Revenue Code of 1986, as amended" to ge executed by the City and 1#426
delivered Qn the date of issuance and delivery of the Not.e, ?!.S stich #427,4
certificate may be amended from time to time as a source of guidance #(428)
for ~chieving compliance with the Code. #429
=11- Res. No. 108-90 !#12
94348.25.2788.07:2 1#(12)
i2) The City covenants and agrees with the Noteholder that #431
the City shall not take any action or omit to take any action, #432
which action or Qmission, if reasonably expected on the date of #433
initial issuance and delivery Qf the Note, would cause the Note #434
to be a "private ~ctivity bond" or "arbitrage bond" within the #435
meaning of ~ections 141(a) and 148(a), respectively, of the #436
Code. #(436)
i3) Notwithstanding any other provision of this Resolution #438
to the contrary, as long as necessary in order to maintain the 1#439
exclusion from gross income for purposes of Federal income taxa- 1#(439
tion Qf interest on the Note, the covenants contained in this 1#440
section ~hall survive the payment of the Note and the interest #441
thereon, including any payment or discharge thereof pursuant to #442
section 3.6 of the Resolution. #443
B. Establishment of Debt Service Fund. There is hereby #445
created and established the following fund ~ntitled the "Delray Beach #446
Water and Sewer Revenue Bond Anticipation Note Debt Service Fund" #(446)
Jhereinafter referred to as the "Debt Service Fund"). ~he Debt #447,4
service Fund shall constitute a trust fund for the benefit of the #(448)
Noteholder ~nd shall be held by the City and shall be kept separate #449
and distinct from all other funds of the City, and shall be used only #450
for the purpose ~nd in the manner provided in this Resolution. #451
Notwithstanding the provisions of the next preceding sentence, the #452,4
City may deposit the Pledged Revenues in a single bank account for #454
the City, provided that adequate ~ccounting procedures are maintained #455
to reflect and control the ~estricted allocations of the fundR on #456
deposit therein for the various purposes of such funds. The desiqna- #457,4
tion and establishment of the Debt Service Fund in and by this #459
Resolution shall not be construed to require the establishment of any #460
completely independent self-balancing fund, ~s such term is commonly #461
defined and used in governmental accounting, gut rather is intended #462
solely to constitute an allocation of Qertain revenues of the City #463
for certain purposes and to ~stablish certain priorities for applica- #464
tion of such revenues ~s provided herein. #465
~ny excess amounts remaining in the Debt Service Fund after #466
payment has been made on the Note on the Maturity Date, may be with- #(466)
drawn and geposited at the direction of the city to be used for any 1#467
lawful municipal purpose sub;ect to the terms and provisions of the 11467.
Oriqinal Resolution and Bond Resolution. 1#(467
Moneys on deposit in the Debt Service Fund may be invested #468
in u. s. Obligations or such other obligations as are permitted by #469
the ~plicable laws of the state of Florida, ~rovided such invest- #470,4
ments mature not later than the next succeeding Payment Date. #(471)
~ubject to the terms and provisionr-: of the Code, !!ll income and #472,4
earnings received from the investment and reinvestment Qf the moneys #474
=12- Res. No. 108-90 !#12
94348.25.2788.07:2 1#(12)
on deposit in the Debt Service Fund shall remain on deposit in the #475
Debt Service Fund and be used in the same manner ~s other moneys on #476
deposit therein. #(476)
C. Dis~osition of Pledged Revenues. The City covenants #478
to deposit, on or prior to the Maturity Date, Pledged Revenues into #479
the Debt Service Fund in an amount ~ufficient to pay the outstanding #480
principal of and interest on the Note. #(480)
SECTION 3..4. REMEDIES OF NOTEHOLDER. Should the City #482
default in its obligation created by this Resolution, the Noteholders #483
may, in addition to any remedy set forth in this Resolution, either #484
at law or in equity, Qy suit, action, mandamus or other proceeding in #485
any court of Qompetent jurisdiction, protect and enforce any and all #486
rights !J,nder the laws of the State of Florida, or granted and con- #487
tained in this Resolution, and may enforce and compel the performance #488
of all duties ~equired by this Resolution, or hy any applicC\ble stat- #489
utes to be performed Qy the city or by any officer-thereof. #490
~ECTION 3.5. APPLICATION OF NOTE PROCEEDS. The proceeds #492
of the Note shall be used to provide short term financing of the #(492)
costs of the ~roject. The City may substitute the Project for any #493,4
other capital project permitted under the Act; grovided that Bond #496
Counsel shall first deliver to the City ~n opinion to the effect that #497
the substitution Qf Project will not adversely affect the exclusion #498
of interest Qn the Note from gross income for Federal income tax #499
purposes. # (499)
rhe proceeds of the Note shall be deposited in the 1#500,
Construction Fund established pursuant to the terms and provisions 1#(501
ofl Bond Resolution ~nd shall applied in accordance with the provi- 1#502
sions of the Bond Resolution. #(502)
~~CTI.QN 3~6. DISCHARGE AND SATISFACTION OF THE NOTE. The #504
covenants, liens and pledges entered into, created or imposed pursu- #505
ant to this Resolution may be fully discharged and satisfied with #(505)
~espect to the Note in anyone or more of the following ways: #506
ia) by paying the principal of and interest on the Note #509
when the same ~hall becomes due and payable; or #510
Ib) by depositing in the Debt Service Fund or such other #512
accounts as the City may hereafter create and establish by resolution #513
moneys or U. S. obligations sufficient at the time Qf such deposit to #514
pay the Note and all interest thereon Qn said Note Qn or prior to the 1#515,
Maturity Date thereof. 1#(516
=13- Res. No. 108-90 !#12
94348.25.2788.07:2 1#(12)
~TICLE IV #517
MISCELLANEOUS PROVISIONS #(517)
SECTION 4.1. MODIFICATION OR AMENDMENT. #518
No material modification or amendment of this Resolution or #520
of any resolution ~mendatory thereof or supplemental thereto, may be #521,5
made without the consent in writing of all of the Noteholders; ~ro- #523
vided, however, that no modification or amendment shall permit a #(523)
change in the maturity of such Note or a reduction in the rate of #524
interest thereon. #(524)
This Resolution may be amended, changed, modified and #525
altered without the consent of the Noteholder, (i) to cure any ambi- #526
guity or ~orrect any provision contained herein which may be defec- #527
tive Qr inconsistent with any other provisions contained herein, #528
iii) to provide other changes which will not adversely affect the #529
interest of such Noteholder, Qr (iii) to maintain the exclusion of #530,5
interest on the Note from gross income for Federal income tax #532
purposes. # (532)
SECTION 4. 2. ADDITIONAL AUTHORI ZATION . The May 0 r, the # 534
city Manager, the Finance Director and any other proper official of #(534)
the City shall be, and each of them is hereby authorized ~d directed #535
to execute and geliver any and all documents and instrumentsL includ- l!21~
inq but not limited to an amendment to the Prior Aqreemen~ and to do 1#536.
and cause to be done any and all acts and things necessary or proper 1#(536
for carrying Qut the transactions contemplated by this Resolution. 1#537
SECTION 4.3. SEVERABILITY OF INVALID PROVISIONS. If any #539
one or more of the covenants, agreements or provisions Qf this #540
Resolution should be held contrary to any express provision of law Qr #541
contrary to the policy of express law, though not expressly prohibit- #(541)
ed, Qr against public policy, or shall for any reason whatsoever be #542
held invalid, then such covenants, agreements or provisions shall be #543
null and void ~nd shall be deemed separate from the remaining cove- #544
nants, agreements or ~rovisions, and shall in no way affect the #545
validity of any of the other grovisions of this Resolution or of the #546
Note issued hereunder. #(546)
SECTION 4.4. PAYING AGENT AND REGISTRAR. The C i t Y , s #548
Finance Department is hereby appointed to act as Eaying Agent and #549
Registrar for the Note. #(549)
~ECTION 4.5- AWARD OF THE NOTE. The City hereby awards #551
the sale of the Note to the Bank, subject to successful completion Qf #552
=14- Res. No. 108-90 1#12
94348.25.2788.07:2 1#(12)
negotiations with the city's administrative staff, in accordance with #553
the terms and provisions of this Resolution. #(553)
~~CTION 4.~ REPEALER. All resolutions and orders, or #555
parts thereof, in conflict herewith are, to the ~xtent of such con- #556
flict, hereby repealed, and this Resolution shall take ~ffect upon #557
its passage in the manner provided by law. #(557)
SECTION 2. lThis Resolution shall be effective immediately upon its 1#558,
adoption. #(560)
Eassed and adopted in regular session on this 13th day of !#562
November, 1990. 1#(562
#565
Mayor #(565)
attest: #567
#569
City Clerk #(569)
~he foregoing resolution and the form of Note therein con- #572
tained ~re hereby approved by me as to form, language and execution 1#573
this 13th day of November, 1990. !#(573
#576
city Attorney #(576)
=15- Res. No. 108-90 1#12
94348.25.2788.07:2 1#(12)
~xhibit A #581
[ORM OF NOTE #583
No. R- - #586
~NITED STATES OF AMERICA #590
~TATE OF FLORIDA #591
QITY OF DELRAY BEACH, FLORIDA #592
~ater and Sewer Revenue 1#593
~ond Anticipation Note Series 1990A #594
Interest Maturity Dated #597
Rate Date Date #598
7.86% December 31, 1991. . 1990 1#599
Registered Owner: #602
Erincipal Amount: [As Set Forth on the Grids] I !#604
~NOW ALL MEN BY THESE PRESENTS, that the City of Delray #607
Beach (the "city") in ~alm Beach County, Florida, for value received, #608,6
hereby promises to pay from the sources herein mentioned, to the #610
Registered Owner specified above Qr registered assigns on the #611
Maturity Date specified above, ypon the presentation and surrender #612
hereof at the City's Finance Department or (if so determined 93 the #613
City) the ~orporate trust office of the bank or trust company #614
appointed by the City to act as paying agent Isaid City's Finance #615
Department or such bank or trust company and any bank or trust com- #(615)
pany becoming successor Q.aying agent being herein called the "Paying #616
Agent") , the Erincipal Amountl, with interest thereon ~t the Interest !#617,
Rate specified above, on the Maturity Date in the manner specified in #619
the within described Resolution to the registered owner. The #620,6
Principal Amount and accrued interest thereon is payable in any coin #(621)
Qr currency of the United states of America, which, on the date of #622
payment thereof, ~hall be legal tender for the payment of public and #623
private debts. #(623)
~-1 Res. No. 108-90 1#579
94348.25.2788.07:2 1#(579
This Note is ~uthorized to be issued in a principal amount #624,6
of not exceeding $8,000,000 ~nder the authority of and in full com- #626
pliance with the Constitution ~nd statutes of the state of Florida, #627
including, particularly, ~hapter 166 and section 215.431, Floriua #628
statutes, ~s amended and supplemented, the Charter of the city of #629
Delray Beach, Florida, ~nd other applicable provisions of law (the #630
"Act"), and Resolution No. 63-90, duly adopted Qy the City on the 1#631
26th day of June, 1990~s amended and re~tated b-Y-Resolutiol} UUQ)l
No. 108-90 adopted by the city on Novelnhpr 13, 1990, as such resolu- ! #631-
tion may be further amended ~nd supplemented from time to time, and 1#632
is subject to all terms and conditions Qf said resolution (the #633
"Resolution"). Ally term used in this Note and not otherwise defined, #634
~hall have the meaning ascribed to such term in the Resolution. #635
It is hereby certified and recited that all acts, condi- #636
tions ~nd things required to exist, to happen, and to be performed, #637
Qrecedent to and in the issuance of this Note exist, have happened #638,6
and have been performed in regular and due form and time as required #640
by the Laws and Constitution of the state of [lorida and the Charter #641
of the City applicable thereto, and that the issuance of this Note, #(641)
is in full compliance with all constitutional or statutory limita- #642,6
tions Qr provisions. #644
This Note shall not be valid or become obligatory for any #645
purpose Qr be entitled to any security or benefit under the Note #646
Resolution ~ntil the certificate of authentication hereon shall have #647
been signed by ~n authorized officer of the Registrar. #648
This Note shall bear interest at the Interest Rate. #650,6
Interest shall only be payable on December 31, 19~..1. Jt.he ! #652,
"Maturity Date")L or earlier optional prepayment (each a ~Payment !#654
Date"). with respect to an optional prepayment of a portion Qf the #655
outstanding principal of the Note, interest shall only be payable #(655)
with respect to the principal of the Note repaid. The principal of #656,6
and interest on the Note shall be payable solely from: Ji) the pro- #658
ceeds of the Bonds in anticipation of which this Note has been issued #659
~nd (ii) the Net Revenues deposited in the Debt Service Fund (after #660
all the deposits required by section 4.D. of Article III, Part I Qf #661
the original Resolution have been made by the City, subject to the #(661)
prior lien Qn such moneys for the payment of the Original Bonds and #662
reimbursement to the provider of the Reserve Account ~redit Facility #663
Substitute) {collectively, the "Pledged Revenues") . #664
~Bond Resolution" shall mean city Resolution No. 46-90 #665
adopted by City on APril 24, 1990. #666
~Combined Public utility" shall mean the Combined Water #667
System and ~ewer System of the city. #668
A-2 Res. No. 108-90 !#579
94348.25.2788.07:2 !#(579
:Net Revenues" ~hall mean the Gross Revenues remaining #669,6
after deduction of operating ~xpenses. #671
~Operating Expenses" ~hall mean the expenses of operatinq, #672,6
maintenance and ordinary repairs Qf the Combined Public utility and #674
its Facilities (as defined in the Bond Resolution) and shall include, #675
without limiting the generality of the foregoing, insurance premiums, #676
administrative expenses of the City relating ~olely to the Combined #677
Public utility, and such other reason~ble expenses ~s shall be in #678
accordance with generally accepted accnllntinq principles. ~Operating #679
Expenses" shall not include any allowance for depreciation Qr any #680
extraordinary items arising from the early extin~uishment of debt. #(680)
~Original Bonds" shall mean the $25,135,000 city of Delray #681
Beach, Florida Nater and Sewer Refunding Revenue Bonds, Series 1988. #682
~Original Resolution" shall mean City Resolution No. 36-88 #683
adopted by the Qity on June 28, 1988, as ;,mended, supplemented and #684
restated by Resolution Ro. 39-88 adopted on July 12, 1988, as amended # 685
and supplemented. #(685)
~Reserve Account Credit Facility Substitute" shall mean the #686,6
surety bond provided by MBIA in connection with the original Bonds. #(687)
~Revenues or "Gross Revenues" ~hall mean all rates, fees, #688,6
charges, or other income, received by the city or any agency thereof #691
in control of the management and operation of the Combined public #692,6
utility, and all parts thereof, from the operation of the Combined #694
PUblic utility ~nd shall also include the ~arnings and investment #695,6
income derived from the investment Qf moneys on deposit in the vari- #697
ous funds and accounts created and established ~nder the Original #698
Resolution, which by the terms and provisions of the Original #(698)
Resolution are ~equired to be deposited in the Revenue Fund and the #699
Interest Account, provided, however, that Revenues shall not include #(699)
{1) Pledged Impact Charges (2 ) Unpledged Impact Charges (3) Special #700
Assessments and (4) capital contributions. # (700)
The City may prepay this Note in whole or in part, at any #701
time or from time to time, without penalty or premium, by paying to #702
the registered holder ~ll or part of the principal amount of this #703
Note, together with the unpaid interest ~ccrued on the amount of #704
principal so prepaid to the date of such prepayment. ~ach prepayment #705
shall be made on such date and in such principal amount ~s shall be #706
specified by the city in a written notice delivered to the registered #(706)
owner not less than two (2) days prior thereto. Notice having been #707
given as aforesaid, the principal amount stated in such notice Qr the #708
whole thereof, as the case may be, shall become due and payable Qn #709
the prepayment date stated in such notice, together with interest #(709)
accrued ~nd unpaid to the prepayment date on the principal amount #710
ft-3 Res. No. 108-90 1#579
94348.25.2788.07:2 !#(579
then being paid; ~nd the amount of principal and interest then due #711
and payable shall be paid {i) in case the entire unpaid balance of #712
the principal of this Note is to be paid, ~on presentation and sur- #713
render of the Note to the office of the Paying Agent (principal cor- #(713)
po rate trust office, if the paying Agent is not the City's Finance #714
Department), ~nd ( ii) in case only part of the unpaid balance of #715
principal of this Note is to be paid, upon presentation of such Note #716
at the office of the Paying Agent .(principal corporate trust office, #717
if the paying Agent is not the Qity's Finance Department) for nota- #718,7
tion thereon of the amount of principal and interest on the Note then #(719)
paid Qr for issuance of a replacement Note in the principal amount #720
not redeemed. If, on the prepayment date, funds for the payment of #721
the principal amount to be Qrepaid, together with interest to the #722
prepayment date on such principal ~mount, shall have been provided to 1#723
the Paying Agent, as above provided, then from and after the prepay- !#724
ment date interest on such principal amount Qf this Note shall cease #725
to accrue. If said funds shall not have been so paid gn the prepay- #726
ment date, the principal amount of the Note shall continue to bear #(726)
interest until payment thereof at the rate or rates provided for #727
herein. #(727)
The Note shall not be and shall not constitute an indebted- #728
ness of the city ~ithin the meaning of any constitutional, statutory, #729
charter or other limitations of indebtedness but shall be payable #730
solely from Pledged Revenues ~s provided in the I Resolution. No 1#731
Holder or Holders of thel issued ~nder thel Resolution shall ever 1#732
have the right to compel the exercise Qf ad valorem taxing power of !#733
the City, or taxation in any form of any real Qroperty therein to pay #734
the Note or the interest thereon. The pledge of the Pledged Revenues #(734)
shall not constitute a lien ypon the Combined Public utility or upon #735
any other property whatsoever Qf the city. #736
IN WITNESS WHEREOF, the city of Delray Beach, Florida, has #737,7
caused this Note to be signed by its Mayor, ~ither manually or with #739
his facsimile signature, and the seal of the city Commission of the #740
City of Delray Beach, Florida, to be affixed hereto or imprinted or #741
reproduced hereon, ~nd attested by the Clerk of the City, ~ither man- #742,7
ually or with her facsimile signature, and this Note t.o be dated the #744
Dated Date set forth above. #(744)
{SEAL) CITY OF DELRAY BEACH, FWRIDA #747
A.TTEST: By: #749
Mayor #750
#751
Qlerk of the city of Delray #752
Beach, Florida # (752)
A.-4 Res. No. 108-90 1#579
94348.25.2788.07:2 1#(579
FORM OF CERTIFICATE OF AUTHENTICATION #755
Qate of Authentication: #758
~his Note is the Note delivered pursuant to the ~ithin men- #761,7
tioned Resolution. #(762)
, #765
as Registrar #(765)
!;!y: #767
Authorized Officer # (767)
A-5 Res. No. 108-90 !#579
94348.25.2788.07:2 1#(579
. .
A.SSIGNMENT #770
fOR VALUE RECEIVED the undersigned sells, assigns and #773
transfers unto #(773)
#775
{please print or typewrite name, address and tax identification #776
number of assignee) #(776)
#778
the within Note and all rights thereunder, and hereby irrevocably #780
~onstitutes and appoints #781
#783
&ttorney to transfer the within Note on the books kept for registra- #785
tion thereof, with full power of substitution in the premises. #786
Qated: #789
~ignature Guaranteed: In the presence of: #791
#793
NOTICE: The signature to this #794
assignment must correspond # (794)
with the name as ~ritten upon #795
the face of the within Note #(795)
in every particular, without #(795)
~lteration or enlargement, or #796
any change whatever. # (796)
&-6 Res. No. 108-90 1#579
94348.25.2788.07:2 1#(579
QRAW-DOWN GRID #799
loutstanding Principal Amount not to Exceed $8,000,000] #801
I:rincipal #804
~mount Initials #805
A.mount of Note of #806
Qf outstanding Noteholder #807
Qate Draw After Draw and City #808,8
11-7 Res. No. 108-90 !#579
94348.25.2788.07:2 1#(579
.
REPAYMENT GRID #814
LOutstanding Principal Amount not to Exceed $8,000,000] #815
principal #818
A.mount #819
Qf Note Ini.tials #820
~mount Outstanding of #821
Qf after Noteholder #822
Q.ate Repayment Repayment and City #823,8
A.-8 Res. No. 108-90 !#579
94348.25.2788.07:2 1#(579
. ,
~TATE OF FLORIDA ) #829
~OUNTY OF PALM BEACH ) #831
I, Alison MacGregor Harty, do hereby certify that I am the #834
duly qualified city ~lerk of the City of Delray Beach, Palm Beach #835
County, Florida. #(835)
I further certify that the above and foregoing constitutes #837
a true and correct ~opy of the minutes of a meeting of the cit~ #838
Council of said city held on ~une 26, 1990, and of a resolution #839
adopted at said meeting, as said minutes and ~esolution are offi- #840
cially of record in my possession. #(840)
IN WITNESS WHEREOF, I have hereunto subscribed my official #842
signature ~nd impressed hereon the official seal of the City of 1#843
Delray Beach this 13th day of November, 1990. 1#(843
#846
city Clerk #(846)
iSEAL) #848
Res. No. 108-90 1#827
94348.25.2788.07:2 !#(827
'.
MEMORANDUM
TO: Mayor and City Commission
FROM: David T. Harden, City Manager 6'10
SUBJECT: AGENDA ITEM # CJ ~ MEETING OF NOVEMBER 13, 1990 DEPARTMENTAL
ORGANIZATION
DATE: November 9, 1990
The City Code in Subsection 32.01 states that "the municipal
departments of the City shall be as designated by the City Manager
subject to City Commission approval....". Attached is a copy of the
organization chart which I have proposed for fiscal 1991. This
organization chart calls for the following departments: Golf Course,
Environmental Services, Planning & Zoning, Community Improvement, City
Clerk, Finance, Police, Fire, Parks & Recreation and Human Resources.
The City formerly had 17 department heads reporting to three Assistant
City Managers, although one of the Assistant City Managers was titled
Director of Development Services. The organization which I have
proposed is intended to achieve the following objectives:
1- Allow heads of major departments direct access to the City
Manager.
2. In order to accomplish #1, the number of department heads had
to be reduced to a manageable level.
3. Have the Budget Officer reporting directly to the City Manager
even though the Budget Office no longer has departmental status.
4. Relieve the Assistant City Managers from some of their line
responsibilities so that they would be able to spend more time on
special projects and programs which cut across departmental lines.
Two departments, the Golf Course and Human Resources involve important
high profile functions warranting departmental status but they do not
necessarily need to report directly to the City Manager. The two ovals
on the chart are intended to indicate functions which have no personnel
assigned. The other major change in the organization was the combining
of the Water and Sewer Department, Streets Department and Engineering
Department to form an Environmental Services Department. Streets,
Engineering and Water and Sewer all involve construction of public
.
facilities in public rights-of-way. These functions must work closely
together or serious problems will result, therefore, they were put
together in one department.
As a result of creating the Environmental Services Department, a
Development Engineering function was created under the Planning &
Zoning Department in order to preserve one-stop permitting for
development. In addition, Animal Control and Recycling were split off
from Public Works and placed under Community Improvement. Animal
Control is basically a Code Enforcement function. Recycling was placed
under Community Improvement because that department was already
handling administration of our contract with Waste Management.
The Assistant City Manager for Support Services has been allowed to
create one temporary deviation from this organization chart. He is
presently having the Risk Manager report directly to him rather than to
the Director of Human Resources.
Administration Recommendation:
That the Commission approve organization of the City into departments
as outlined above.
Encl
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfJI11
SUBJECT: AGENDA ITEM # 1~ - MEETING OF NOVEMBER 13, 1990
CITY MANAGER'S EVALUATION AND APPROVAL OF MERIT PAY
ADJUSTMENT
DATE: November 9, 1990
This item is before the City Commission pursuant to direction
given at the November 7th workshop meeting.
For your information, I have provided a comparative salary survey
for City Managers in Delray Beach, Boynton Beach, Boca Raton and
Deerfield Beach. Also provided is a breakdown of the City
Manager's salary with merit increases for the last five (5) years
in Delray Beach.
li/8/90
CITY MANAGERS
SALARY SURVEY
CITY POPULATION MGR'S TENURE MGR'S SALARY
Delray Bch. 46,860 5/90 - Present 70,013 + 9.5%
ICMA + $400 car
allowance
Boynton Bch. 47,451 1/90 - Present 70, 000 ~ lQl%
ICMA + $350 car
a 110\"ance
Boca Raton 64,000 2/89 - Present 94,411 + 13%
ICMA t" leased
car
Deerfield 56,000 1/90 - Present 82,397 + $7500.
. ICMA + City car
CITY MANAGER WITH MERIT INCREASES FOR LAST 5 YEARS
APPOINTED ACTING PERIOD % DATE AMOUNT
-- ----------------------------------------------------------
Harden 5/21/90 - Pres. 5/21/90 70,013
----------------------------------------------------------
Barcinski 1990 5% 70,741
----------------------------------------------------------
Bird (Interim) 1989 - 90 8/133/89 65,131313
COLA 10/01/89 67,080
----------------------------------------------------------
Barcinski 1989 5% 62,920
----------------------------------------------------------
Barry 1988 - 89 1/19/88 68,994
4% 1/19/89 73,174
COLA 4/133/89 74,630
----------------------------------------------------------
Barcinski 1987 No Salary Change
----------------------------------------------------------
Pennington 1984 - 87 1/16/84 46,000
3/13/84 48,506
Reclass 10/01/84 53,893
COLA 4/01/86 57,2013
3% COLA + 2% Perf. 10/01/86 60,070
COLA 1/16/87 61,277
----------------------------------------------------------
CMMERIT.DOC/nj
, ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~)
SUBJECT: AGENDA ITEM /I 93 - REGULAR MEETING OF NOVEMBER 13, 1990 -
APPOINTMENT TO FILL UNEXPIRED CITY COMMISSION TERM
DATE: NOVEMBER 8, 1990
As a result of the November 6, 1990, election, a vacancy has been created
on the City Commission. Attached is a copy of the City Charter, Section
3.06, which provides for the filling of vacancies.
Pursuant to Section 3.06 (c) of the Charter, the Mayor and remaining
Commissioners, by majority vote, shall appoint a qualified person to fill
the vacancy. The individual appointed to fill the vacancy will serve until
the last Thursday in March following the next regular City election,
provided the vacancy occurs at least sixty (60) calendar days or more
preceding the date of the City election.
Further, if a majority of the remaining Commission members are unable to
agree upon the appointment of a Commissioner to fill the vacancy after two
regular meetings have been held, then the Commission shall call a special
election for that purpose, which shall be held within sixty (60) calendar
days following the date of the second regular meeting.
To-date, the following individuals have submitted their resumes for
consideration to fill the vacancy:
Irving Cohn Armand Mouw Barbara Smith
To-date, the following individual has indicated by telephone, his interest
for consideration:
Horace Waldman
Recommend appointment of a member to fill the unexpired term of
Commissioner Mary McCarty to a term ending March 28, 1991.
.
TO: City Clerk
FRa.1: : Anmnd Mouw
Date: Noverrber 9, 1990
SUBJECT : Resume
Enclosed is my resume sumitted for consideration by the City
Oomrrdssion for appointment as a commissioner.
If you need any further infonnation, please contact Ire.
Thank You.
ARMAND MOUW
AM:hf
ARMAND MOUW
CHIEF EXECUTIVE OFFICER
EDUCATION & TRAINING
WESTERN MICHIGAN COLLEGE & COLGATE UNIVERSITY - 1945-1948
GRADUATED UNIVERSITY OF FLORIDA - 1949
38 YEARS IN CONSTRUCTION INDUSTRY
FOUNDED HAWKINS & MOUW - 1956
RESPONSIBLE FOR EXPANDING A 2-MAN SHOP TO A FIELD STAFF OF 250.
DEVELOPED A $30 MILLION VOLUME CONSTRUCTION COMPANY INVOLVED WITH
RESIDENTIAL, COMMERCIAL AND INSTITUTIONAL PROJECTS. FIRM
CURRENTLY NAMED MOUW ASSOCIATES, INC. DOING 10 TO 15 MILLION
VOLUME, COMMERCIAL & INSTITUTIONAL.
ACCOMPLISHMENTS
1970 - INVOLVED IN FLORIDA EAST COAST CHAPTER
OF THE AGC AND ESTABLISHMENT OF TRI-
COUNTY NEGOTIATIONS AMONG CONTRACTORS IN
DADE, BROWARD AND PALM BEACH COUNTIES
AND THE LABOR UNIONS.
1971 - AGC SECRETARY
1972 - AGC VICE PRESIDENT
1973 - AGC PRESIDENT
1976 - 1981 - ACTIVELY SERVED ON MANY AGC CHAPTER
COMMITTEES; CHAIRED THE INSURANCE
COMMITTEE NATIONAL AGC; SERVED ON
MEMBERSHIP, OPEN SHOP, MANPOWER
TRAINING AND INSURANCE COMMITTEES.
- SERVED AS A NATIONAL AGC DIRECTOR,
STATE CHAIRMAN OF NATIONAL POLITICAL
ACTION COMMITTEE, AND LEGISLATIVE
CHAIRMAN OF THE FLORIDA AGC.
- FOUNDER, CHAIRMAN & TRUSTEE OF THE AGC'S
SELF INSURER'S WORKERS' COMPENSATION
FUND.
ARMAND MOUW
PAGE 2
1974 - 1978 - RECOGNITION OF HIS CONTRIBUTION AS
CHAIRMAN OF THE TRUSTEES OF THE SELF
INSURER'S FUND.
1982 - SIR AWARD - AGC'S CREDO OF SKILL,
INTEGRITY AND RESPONSIBILITY.
1983 - 1990 - VARIOUS CIVIC, RELIGIOUS & POLITICAL
ORGANIZATIONS INCLUDING THE DELRAY BEACH
CRA, DIRECTOR- MORlKAMI PARK, ST. PAUL'S
EPISCOPAL VESTRY, PROPERTY AND LOAN
COMMITTEE OF DIOCESE OF S.E. FLA.,
DELPAC DIRECTOR, APAC DIRECTOR.
1976 - 1990 DIRECTOR, BARNETT BANK OF PALM BEACH
COUNTY.
1989 - 1990 BOARD OF DIRECTORS, GULF STREAM SCHOOL.
1990 CURRENT CHAIRMAN OF TRUSTEES, A.G.C. -
SELF INSURANCE FUND.
PREVIOUS EXPERIENCE
1952 - 1956 - TRIESTE CONSTRUCTION
APPRENTICE CARPENTER, ESTIMATOR
OFFICE MANAGER, THEN GENERAL MANAGER
1950 - 1952 - U.S. ARMY, REDSTONE ARSENAL, HUNTSVILLE
ALABAMA. WORKED WITH GERMAN SCIENTISTS
ON V-2 ROCKETRY, WHICH BECAME THE
REDSTONE MISSILES.
1949 - PONTIAC MOTOR COMPANY
TESTING LABORATORY TECHNICIAN,
ENGINEERING DEPARTMENT.
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # I~ - MEETING OF NOVEMBER 13, 1990
ORDINANCE NO. 52-90
DATE: November 9, 1990
This is a second reading and attendant public hearing relative to
Ordinance No. 52-90 adopting Comprehensive Plan Amendment 90-1
pursuant to the provisions of Chapter 163, Florida Statutes.
There is still work being done on the Five Year Schedule of
Capital Improvements so that it is not yet ready for action.
However, it is recommended that the Commission hold the required
public hearing for the purpose of receiving public comment and
then, at the conclusion of testimony, continue the public hearing
to a time certain of 7:00 P.M. on Tuesday, November 20, 1990. It
is anticipated that the Five Year Schedule of Improvements will
be ready for consideration at that time, and would then be
appropriately followed by formal action on the adopting
ordinance.
Additional pertinent information with respect to Comprehensive
Plan Amendment 90-1 is provided in the accompanying backup
information.
Recommend the holding of a public hearing on this item at the
regular meeting of November 13, 1990, followed by a motion to
continue the matter to a special meeting on Tuesday, November 20,
1990, at 7:00 P.M.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
fjJ~ ~6,^
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 13, 1990
PUBLIC HEARING RE COMPREHENSIVE PLAN AMENDMENT 90-1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
holding a public hearing on this item. There is still work
being done on the Five Year Schedule of Capital Improvements
and that item is not yet ready for action.
The action is being taken under the pre-LDR development
regulations i.e. Chapter 173 of the zoning code.
At the conclusion of testimony, the public hearing should be
continued to 7:00 pm on Tuesday, November 20, 1990.
BACKGROUND:
Proposed Plan Amendment (90-1) is the annual amendment through
which review and assessment of our progress in accomplishing
objectives of the Plan is made and revised priorities are
established. This particular amendment also includes many
"correction" type changes to the Future Land Use Map.
Normally, this annual amendment would be before the Commission
concurrent with consideration of the annual budget. Due to the
disarray of last year, this Plan Amendment process has lagged
behind.
During preparation of the proposed amendment, there was
considerable discussion about the items contained within it.
After review by DCA and others, only one item (beach access and
dune walkovers) was the focus of formal objections. We have
responded through modifying the proposed changes to include a
study of what walkovers should be eliminated, which retained, and
which provided with walkovers.
t~n.p5~~F"'v,~~m~ C8~J(~~ was raise~ by Commissioner Andrews
or n ~RaB L_~u e~ that POI1CY C-6.4 of the Coastal
Management Element (calling for a study be conducted under the
auspices of Parks and Recreation by June, 1991) be retained. It
was recommended to be deleted in the amendment. A copy of the
policy is attached.
City Commission Documentation
Meeting of November 13, 1990
Public Hearing Re Comprehensive Plan Amendment 90-1
Page 2
Work on the Five Year Schedule of Capital Improvements has become
complicated by trying to accommodate new (not previously listed)
projects which are being addressed through the water and sewer
rate study and subsequent potential rate increase. That subject
is contemplated for the work session of November 20th. Its
discussion should precede action on the Plan Amendment.
Other background material, including the Amendment itself and the
response to the ORC Report was previously provided to Commission
members.
Attachment:
* Page III-F-27 of the Comprehensive Plan
DJK!#71!CCPLAN.TXT
..
...
Policy C-G.2: The potential for a boardwalk under the
Atlantic Avenue bridge should be explored in order to link .. .
Veteran's Park with the City Marina. The City Engineer
shall provide an assessment of this matter by June, 1990. ..
..
Policy C-6.3: A program for the creation of a "visual and
functional linkage", similar to the Atlantic Avenue .. '-
Improvement Program west of the Intracoastal Waterway shall
be established for the area from the Intracoastal to the -
Atlantic Ocean.
-...--
Policy C-6.4: The City, through its Parks and Recreation .-
Department, shall undertake a study and develop a program
for creation of an "underwater snorkeling park in the South ---,
Beach area". This facility would provide an educational and
recreational opportunity for residents of the area and could .-
also function as a tourist attraction. The study shall be -.----.,
completed by June, 1991, with development to occur pursuant
to the priorities of C-6.6. ._.
Policy C-6.5: The City, through its Planning Department --~.
with assistance from Parks and Recreation, shall identify
sites and methods through which additional marina ._,
services, dockage, and short-term mooring facilities can be -...-.....
provided along the Intracoastal Waterway. Use of marina
facilities shall be offered to residents and tourists alike. -'j
However, residents shall have first priority. The study
shall be completed by January, 1992, with initiation of _.
activities to occur pursuant to the priorities of C-6.6. _. J
Policy C-6.G: The priorities for public financial -
participation in the planning, promotion, or development of i
future land use (development) activities (Objective C-6) -, J
within the Coastal Zone shall include:
,......--
!
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1. An improvement program for Atlantic Avenue, Policy -. I
C-6.3.
,........-.
2. Participation in a private initiative for ,
development of "the 17 area" in the _.. ,
acre or
purchase of the property in order to control its ~-_..
eventual use and/or development (Objective C-S). !
3. Public participation in the combined Veteran's -"J
Park, pedestrian way, and Marina Historic District r
projects. -= "
4. Pursuit of additional marina and dockage
facilities. I
5. The development of the snorkel and scuba ~]
underwater snorkeling park.
III-F-27 ~]
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II
i ORDINANCE 52-90
'I
!! AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT
i 90-1 PURSUANT TO THE PROVISIONS OF THE "COUNTY AND
Ii MUNICIPAL PLANNING AND LAND DEVELOPMENT REGULATION ACT",
, \ 11 FLORIDA STATUTES CHAPTER 163; PROVIDING A SAVING CLAUSE;
Ii PROVIDING AN EFFECTIVE DATE.
II WHEREAS, the City of Delray Beach exercised the authority
11 granted pursuant to the provisions of Florida Statutes Sections 163.3161
1.1' - 163.3243 known as the "County and Municipal Planning and Land Develop-
I ment Regulation Act"; and,
I
:i WHEREAS, via Ordinance 82-89 the City adopted the document
,I entitled "Comprehensive Plan - Delray Beach, Florida"; and,
1\ WHEREAS, the Planning and Zoning Board, as Local Planning
, Ii Agency, did prepare an amendment to the Comprehensive Plan entitled
I II "Comprehensive Plan Amendment 90-1"; and,
, i WHEREAS, the Planning and Zoning Board as the Local Planning
j , 'I Agency, following due public notice, held a public hearing on May 7,
\ ;. 1990, in accordance with the requirements of the "County and Municipal
, t 'Planning and Land Development Regulation Act"; and,
. . WHEREAS, after the above-referenced public hearing, the Plan-
, ning and Zoning Board, as Local Planning Agency, recommended to the City
. Commission that the proposed Comprehensive Plan Amendment 90-1 be
t adopted; and,
~
t- i WHEREAS, proposed Comprehensive Plan Amendment 90-1 was sub-
r'c' 'mitted to and reviewed by the City Commission; and,
1." WHEREAS, following due public notice, the first of two required
~,. public hearings on Comprehensive Plan Amendment 90-1 was held by the
, City Commission on May 22, 1990, in accordance with the requirements of
'. the "County and Municipal Planning and Land Development Regulation Act";
. and,
i WHEREAS, proposed Comprehensive Plan Amendment 90-1 was forward-
t ed to the State Department of Community Affairs for review and comment
- ; on May 31, 1990: and,
I
- t WHEREAS, a report of Objections, Recommendations and Comments
has been received from the State Department of Community Affairs and
said report has been reviewed by the Planning and Zoning Board, as Local
, Planning Agency, and is the basis for modifications to the proposed
! Comprehensive Plan Amendment 90-1; and,
I WHEREAS, following due public notice, the second of two re-
! quired public hearings on Comprehensive Plan Amendment 90-1 was held by
the City Commission on November 13, 1990, in accordance with the require-
ments of the "County and Municipal Planning and Land Development Regula-
tion Act",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That the City Commission of the City of De lray
Beach, Florida, hereby declares its intent to exercise the authority
granted pursuant to the provisions of Florida Statutes Sections 163.3161
- 163.3243 known as the "Local Government Comprehensive Planning and
Land Development Regulation Act."
.
~ t - "_._---
1\
II Section 2. That in implementation of its declared intent set
i! forth in Section 1 of this ordinance, there is hereby adopted and
II incorporated herein by reference the document entitled "Comprehensive
Plan Amendment 90-I. "
II Section 3. That the document entitled "Comprehensive Plan -
, , !1 Delray Beach, Florida" is hereby amended pursuant to the document
entitled "Comprehensive Plan Amendment 90-I. "
I
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective upon the
City's receipt of Notice of Compliance from the State Department of
Community Affairs, pursuant to Florida Statutes Section 163.3184.
, t PASSED AND ADOPTED in regular session on second reading on this
, .
the day of , 1990.
, I
1
MAY 0 R
- "
i ATTEST:
~, City Clerk
~.\ First Reading
~, Second Reading
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1IJ1
SUBJECT: AGENDA ITEM # - MEETING OF NOVEMBER 13, 1990
ORDINANCE NO. 53-90
DATE: November 9, 1990
This is a second reading of an Ordinance amending the Code of
Ordinances by repealing sections in Chapter 36 which duplicate
the Consultants Competitive Negotiation Act. This Act provides
the procedures for the procurement of professional services
(i.e., architectural, engineering, landscape architectural and
land surveying).
Recommend approval of Ordinance No. 53-90 on second and final
reading.
ActO
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~ 6" \ 3\qo
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9-,,0
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ORDINANCE N9' 53 - 90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINIS-
TRATION" , CHAPTER 36, "FINANCE; CITY PROPERTY
TRANSACTIONS", SUBHEADING, "CONTRACTS FOR PROFES-
SIONAL SERVICES" OF THE CODES OF ORDINANCES OF THE
CITY OF DELRAY BEACH BY REPEALING SECTION 36.16,
"INTENT", SECTION 36.17, "DUTIES OF ADMINISTRATION",
SECTION 36.18, "ANNOUNCEMENT REQUIRED; PROCEDURE",
SECTION 36.19, "EVALUATION, CERTIFICATION OF
APPLICANTS", SECTION 36.20, "COMPETITIVE SELECTION",
SECTION 36.21, "COMPETITIVE NEGOTIATION", SECTION
36.22, "RULES OF PROCEDURE REQUIRED", SECTION 36.23,
"APPLICATION TO INDEPENDENT AGENCIES"; PROVIDING A
SAVING CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
- WHEREAS, the City of Delray Beach is required to follow the
mandates of Florida Statutes 287.055 also known as the Consultants
Competitive Negotiation Act; and
WHEREAS, certain code sections within Chapter 36 of the Code
of Ordinances of the City of Delray Beach are duplicitous of Consultants
Competitive Negotiation Act; and
WHEREAS, it is the City Commission's desire to eliminate any
confusion in administering the requirements of Corysultants Competitive
Negotiations Act. j
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 3, Chapter 36, "Finance", subheading,
"Contracts For Professional Services" of the Code of Ordinances of the
City of Delray~ch, Florida, is hereby amended by repealing Sections
36.16, 36.17? 36.18, 36.19, 36.20, 36.21, 36.22, 36.23
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinance which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately on its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1990.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtJ7v1
SUBJECT: AGENDA ITEM 4/: IDc..- - MEETING OF NOVEMBER 13, 1990
ORDINANCE NO. 55-90
DATE: November 9, 1990
This is a second reading of an Ordinance amending the Land
Development Regulations by enacting a new section, "Adult Enter-
tainment Establishments", to provide for the existence of adult
establishments, as a conditional use, in specific zoning dis-
tricts. The proposed ordinance would permit Adult Entertainment
Establishments, as conditional uses, in the GC (General Commer-
cial) District and the MIC (Mixed Industrial and Commercial)
District.
The Planning and Zoning Board recommended approval of the ordi-
nance at its October 15th meeting. The ordinance was passed on
first reading by the Commission on October 23, 1990, by a vote of
4 to 1 (Mr. Andrews dissenting).
Recommend approval of Ordinance No. 55-90 on second and final
reading.
. . .
.!l 0-__...-..---... ._.... .-.. . ......
______.. _. _ ____ u
ORDINANCE NO. 55-90
AN ORDINANCE OF THE CITY COMNISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER ONE,
"GENERAL PROVISIONS", ARTICLE 1.4, "INTERPRETATION,
, . ENFORCEMENT, AND PENALTIES" , SUBSECTION 1.4.5,
"DEFINITIONS", BY ADDING DEFINITIONS FOR "ADULT
ARCADE", "ADULT BOOKS'!:RE/AD'JLT VIDEO STORE", "ADULT
DANCING ESTABLISHMENT", "ADULT :E~~':'::::-o'!:.:~~~ENT ESTAB-
LISHMENT", "ALCOHOLI:::: BEVERA':;E :i::STABLISHMENT",
"NUDITY", AND "PARTIAL NUDITY", BY A!-~ENDING CHAPTER
FOUR, "ZONING REGULATIONS", ARTICLE 4.3, "DISTRICT
REGULATIONS, GENERAL PROVISION", SUBSECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIAL USES", BY ADDING A
r NEW SUBSECTION (AA), PROVIDING GENERAL REGULATIONS
AND SPECIAL CONDITIONS UPON SUCH ESTABLISHMENT; BY
~ AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE
. . 4.4, "BASE ZONING DISTRICT", SUBSECTION 4.4.9,
I l "GENERAL COMMERCIAL (GC) DISTRICT, SUB-SUBSECTION
i , (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO
ADD ADULT ENTERTAINMENT ESTABLISHMENTS AS A
I . CONDITIONAL USE AND RENUMBERING THE REMAINING
1 t CONDITIONAL USES ACCORDINGLY; BY AMENDING CHAPTER
q.o. FOUR, "ZONING REGULATIONS", AR'I:ICLE 4.4, "BASE ZONING
i DISTRICT", SUBSECTION 4.4.19, "MIXED INDUSTRIAL AND
COMMERCIAL (MIC) DISTRICT", SUBSECTION (D),
4 t "CONDITIONAL USES AND STRUCTURES ALLOWED", TO ADD
. ADULT ENTERTAINMENT ESTABLISHMENTS AS A CONDITIONAL
t. USE; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING
!I CLAUSE; PROVIDING AN EFFECTIVE DATE.
J-t. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~i\ Section 1. That the Land Development Regulations, Chapter One,
~o "General Provisions", Article 1. 4, "Interpretation, Enforcement, and
. .~~ " Penal ~ies", Subsection 1. 4 . 5, "?ef ini tions", of the C.ode of Ordinances of
. ~ the C1ty of Delray Beach, Flor1da, be and the same 1S hereby amended to
~ add the fallowing definitions:
,
f "Adult Arcade". Any place or establishment operated for
. i commercial gain which invites or permits the public to view adult
. material.
- t "Adult Bookstore/Adult Video Store". An establishment which
" sells or offers adult material for sale or rent for commercial gain;
t unless the establishment demonstrates either (1) the adult material is
. accessible only by employees and the gross income from the sale or rental
of adult material comprises less than forty percent (40%) of the gross
income from the sale or rental of goods or services at the establishment,
or (2) the individual items of adult material offered for sale or rental
comprise less than ten percent (10%) of the individual items, as stock in
trade, publicly displayed in the establishment and which is not accessi-
I ble to minors at the establishment.
i.
I "Adul t Dancing Establishment" . An establishment where
t.. employees engage in nudity or partial nUdity regardless of whether the
. employees actually engage in dancing.
"Adult Entertairunent Establishment".
r (A) Any adult arcade, adult bookstore/ adul t video store, or
I adult dancing establishment; or any other establishment or
. .
! { ".'--.' - ----- - ----. ---
--_._--~-"--
- -_._-,,-
'business operated for commercial gain where any employee,
operator or owner engages innudity or partial nudity,
including but not limited to: massage establishments,
whether or not licensed pursuant to Chapter 480, Florida
Statutes, tanning salons, modeling studios, or lingerie
studios.
I . (B) Excluded from this definition are any educational institu-
tions where engaging in nudity or partial nudity is
associated with a curriculum or program.
(C) An establishment that possesses an Adult Entertainment
License through Palm Beach County is presumed to be an
Adult Entertainment Establishment.
"Alcoholic Beverage Establishment" means any establishment
located in the City of Delray Beach which alcoholic beverages, beer or
wine are offered for sale for consumption on the premises.
. "Nudity" means the exposing to public view of the human male or
! female genitals, pubic area, cleavage of the human buttocks, or that
portion of the human female breast encompassed within an area following
below the horizontal line one would have to draw to intersect a point
. immediately above the top of the areola (the colored ring around the
i nipple).
"Partial nudity" means the exposing to public view of the human
male or female cleavage of the human buttocks or that portion of the
. human female breast encompassed with an area falling below the horizontal
line one would have to draw to intersect a point immediately above the
top of the areola (the colored ring around the nipple) with less than a
full opaque covering; or the depiction of covered human male genitals in
a discernibly turgid state.
......
Section 2. That the Land Development Regulations, Chapter
Four, "Zoning Regulations", Article 4.3, "District Regulations, General
r:~ \ Provision" , Subsection 4.3.3, "Special Requirements for Special Uses",
. of the Code of Ordinances of the City of Delray Beach, Florida, be and
~ the same is hereby amended by adding a new Sub-subsection (AA) to read as
follows:
(AA) Adult Entertainment Establishments.
.
In addition to the requirements of the underlying zoning
district, other applicable general regulations, parking regulations and
special conditions imposed through the conditional use process, the
following requirements shall apply to adult entertainment establishment.
.
(1) No adult entertainment establishment shall be located
closer than One Thousand (1,000) feet from any other adult entertainment
establishment measured from lot boundary to lot boundary, the distance
measured along a straight airline route.
(2) No adult entertainment establishment shall be located
closer than One Thousand (1,000) feet from any house of worship, residen-
tial zoning district, community facilities district, or school measured
from lot line to lot line boundary along a straight airline route.
r (3) No adult entertainment establishment shall be located
within Seven Hundred Fifty (750) feet of an existing alcoholic beverage
establishment.
2 ORD. NO. 55-90
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(4 ) 'Signage. Only one sign per adult entertainment establish-
ment is permitted, and such sign shall not extend above twelve (12 ) feet
above ground level or have an area of greater than thirty-six (36 ) square
feet. No neon material shall be permitted on the sign. All other
restrictions of the sign code shall apply herewith.
Section 3. That the Land Development Regulations, Chapter
Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Subsec-
tion 4.4.9, "General Commercial (GC) District", Sub-subsection (D) ,
"Conditional Uses and Structures Allowed", of the Code of Ordinances of
the City of Delray Beach, Florida, be and the same is hereby amended by
adding the fOllowing new conditional use and renumbering the remaining
conditional uses accordingly:
(1 ) Adult Entertainment Establishments
Section 4. That the Land Development Regulations, Chapter
Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Subsec-
tion 4.4.19, "Mixed Industrial and Commercial (MIC) District", Sub-sub-
~ section (D) , "Conditional Uses and Structures Allowed", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
(D) Conditional Uses and Structures Allowed: '1:'here -are -no -tl!le!l
i e.es~~"a~ee. -as -ee"e.~~:i:e"al -tlses -w~~h~" -~he -lue -B~s~r~e~':" The following
uses are allowed as conditional uses within the MIC District pursuant to
the provisions of 2.4.5(E):
. ill Adult Entertainment Establishments
Section 5. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
....J Section 6. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole
or part thereof other than the part declared to be invalid.
~ Section 7. That this ordinance shall become effective
upon
passage on second and final reading.
. PASSED AND ADOPTED in regular session on second and final
- reading on this the _____ day of , 1990.
MAYOR
ATTEST:
Ci ty Cl~'rk
First Reading
Second Reading
t
3 ORD. NO. 55-90
,
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I
C I T Y COMMISSION DOCUMENTATION
TO: ~YL LEVERETT, ADMINISTRATIVE ASSISTANT III
I \~j~. €J
- eLl;' "...)et- -,,"-
FROM: D ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 23, 1990
ORDINANCE AMENDING L.D.R.S RE ADULT ENTERTAINMENT
ESTABLISHMENTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a text amendment to the LDRs. The affected
Sections involve 1.4.5 (Definitions), a new 4.3.3(AA), and
the list of conditional uses in the GC and MIC zone
districts. The subject is Adult Entertainment
Establishments.
After first reading, the ordinance is set for a public
hearing and subsequent enactment.
BACKGROUND:
This subject was raised by the City Commission during review of
an ordinance which addressed partial nudity. While there exists
a County Ordinance regulating adult entertainment establishments,
it was felt that a set of regulations specific to the City of
Delray Beach should be adopted. The proposed regulations are
modelled after the existing County regulations.
Please refer to the P&Z Staff Report for a more complete
discussion of the subject and comments on the initial draft
ordinance as prepared by the City Attorney's Office.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at it's
meeting of October 15, 1990. Following consideration of
public testimony, the Board (on a unanimous vote) recommended
that the existing regulations be amended to accommodate the
definition and regulation of Adult Entertainment Establishments
and that they be allowed as conditional uses in the MIC and GC
zone districts. Accordingly, the draft ordinance (with comments)
was referred to the City Attorney for final drafting.
PLANNIRG AlfD ZORIRG BOARD MEMORANDUM STAFF REPORT
TO: PLANNING AND ZONING BOARD
~ OF DELRAY BEACH
~ J Vo'-ttDj-
FROM: D ID J. KOVACS, DIRECTOR
SUBJECT: REGULAR MEETIRG OF OCTOBER 15, 1990
CORSIDERATIOR OF AMEImMElft' TO VARIOUS SECTIORS OF THE
LORS AS THEY PERTAIR TO ADULT ENTERTAllOIERT
ESTABLISHMERTS
ITEM BEFORE THE BOARD:
The action requested of the Board is that of forwarding a
recommendation to the City Commission on proposed changes to
the LDRs. The affected Sections include 1.4.5
(Definitions); a new 4.3.3(AA) (Adult Entertainment
Establishments); and the specific zone districts in which
the use of "Adult Entertainment Establishments" is to be
allowed as a conditional use.
Section 1.1.6(A) provides that prior to action on a proposed
amendment to the LDRs, a recommendation is obtained from the
Planning and Zoning Board.
BACKGROUND:
During the drafting of the LORs, the question arose as to whether
or not the County's ordinance on adult entertainment
establishments was applicable in the City of Delray Beach.
Although it was thought to be, it was decided that it would be
best if the City had its own regulation. Since the subject may be
controversial, it was also decided to address it by a specific
amendment as opposed to including it in the LDR preparation
program.
The City Commission has previously enacted an Ordinance which
addresses "nudity, partial nudity, sexual conduct at alcoholic
beverage establishments". The matter before the Board is that of
the regulation of "adult entertainment establishments" under land
use powers. It is proposed that this use be treated similarly to
more than twenty-four (24) other uses which have specific
requirements required of them.
Attached is a memo from the City Attorney which provides more
background. Also attached is a draft ordinance - please note that
the draft ordinance refers to old code sections.
-sSl .f1
P&Z Staff Report
Consideration of Amendment to Vaiour Sections of
the LDRs as they pertain to Adult Entertainment
Establishments
Page 2
ANALYSIS AND COMMENTS:
Section 1: Definitions: I note that within the definitions, the
word "specified" precedes "anatomical areas" in several
instances. Since they are not "specified" in the definition, the
word should be deleted.
Section 2: The new Subsection for Adul t Entertainment
Establishments should be 4.3.3(AA).
In (A), the last reference of "lot boundary" should read
"distance" instead.
In (B), the word "public" should be removed from prior to
community facilities district.
In (D), reference should be included that all other
restrictions of the sign code must also be met.
Neither (E), Parking Requirements, or (F) Landscaping
Requirements are deemed as needed special attention.
Sections 3-5: Zoning Districts. It is recommended that Adult
Entertainment Establishments be allowed only as a conditional use
and that they be allowed in the following zone districts:
GC General Commercial Section 4.4.9(D)
MIC Mixed Industrial & Commercial Section 4.419(D}
RECOMMENDED ACTION:
Review and comment, as deemed appropriate, and then provide a
recommendation to the City Commission.
Attachments:
* Kurtz memo of August 8th
* Draft ordinance by Kurtz
REF/DJK#73/PZADULT.TXT
.
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~ .' -' ~ ... _,!;. --.I
AUG 1 G 90
[ITY DF DELAAY BEA[H - . _ .. ~ r ~\' ~ ~~' 3 :: : ~ - : : :
. .
CITY ATTORNEY'S OFFICE ,i'l SI 1,( STIUIT. SL'11T... DELRt\Y HEAC!I,ILORIDA 33483
W "). Mn n LI eOI'ILI( 401/2184155 ~ '{..
MEMORANDUM ~fY^.
Date: August 8, 1990 y~~.
To: City Commission fU- ~\I
From: Jeffrey S. Kurtz, City Attorney ~..".,... ~
Subject: Adult Entertainment Establishments ~ k- 5f9
. ~ ,;:;.
A concern ha~ been expressed that the proposed land development
regulations ido not address adult entertainment establishments.
Adult entertainment establishments exist in two basic forms;
the adult bookstores and nude dancing clubs. Such establish-
ments such be licensed pursuant to the regulations set forth in
the County's ordinance. The County's zoning regulations may
not apply in the City and therefore a concern has been voiced
that an area that would permit a bookstore would also permit an
adult bookstore and the likewise wherever waitresses and
entertainers are permitted there is no prohibition on such
activities being done without clothes, except for the
regulatory aspects of the County's ordinance. J
I
Various studies have shown that such establishmknts and activi-
ties are detrimental to neighborhoods and other businesses when
they are in close proximity to them; this is especially true
when the activities are mixed with the availability of alcohol.
Moreover, there is a general consensus that such activities
should be regulated at least to the extent that minors are
prohibited from entering the establishments.
To alleviate this concern, it is suggested that two ordinances
be enacted. The first ordinance would amend Chapter 113 to
prohibit nudity in conjunction with the' sale of alcohol (a
draft of which is attached) . The second ordinance (now being
formulated) is a zoning ordinance and defines adult
entertainment establishments allowing them in the General
Commercial and Industrial Districts subject to certain
limitations and requirements. These establishments would be
prohibited within 1000 feet of residential districts, churches
and other adult entertainment establishments. In addition,
there is a limitation on the time that such activities can take
place and special ~ parking and landscaping requirements.
Since this is a zoning ordinance and in view of the recent
-st c.~
I
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 173, "ZONING
CODE", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 173.001,
"DEFINITIONS" , TO INCLUDE DEFINITIONS OF ADULT
ARCADE, ADULT BOOKSTORE/ADULT VIDEO STORE, ADULT
DANCING ESTABLISHMENT AND ADULT ENTERTAINMENT
ESTABLISHMENT; BY AMENDING "SPECIAL USE REQUIRE-
MENTS", BY ENACTING A NEW SECTION 173.615, "ADULT
_._J ENTERTAINMENT ESTABLISHMENT", PROVIDING GENERAL
REGULATIONS, PARKING, LANDSCAPING REGULATIONS AND
SPECIAL CONDITIONS UPON SUCH ESTABLISHMENTS; AMEND-
ING SECTION 173.472, TO ADD ADULT ENTERTAINMENT
ESTABLISHMENT AS A CONDITIONAL USE IN THE GENERAL
COMMERCIAL DISTRICT; AMENDING SECTION 173.607,
ADDING ADULT ENTERTAINMENT ESTABLISHMENT AS A
CONDITIONAL USE IN THE MEDIUM INDUSTRIAL DISTRICT;
AMENDMENT 173.582, ADDING ADULT ENTERTAINMENT
ESTABLISHMENT AS A CONDITIONAL USE IN THE LIGHT
INDUSTRIAL DISTRICT; PROVIDING A REPEALER CLAUSE; ~
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: \
Section 1. That Chapter 173.001, "Definitions", of the Code j
of Ordinances of the City of Delray Beach, Florida, be and the same is ;
hereby amended by adding the following definitions:
",-.
.~i:f "Adult Arcade". Any place or establishment operated for commercial
. )- Ji ar~./ gain which invites or permits the public to view adult material.
~.;;;;~ 1'~)J .' "Adult Bookstore/Adult Video Store". An establishment which sells
~:"\i J;Y or offers adult material for sale or rent for commercial gain;
~ unless the establishment demonstrates either (1) the adult material
is accessible ~~1~bY employees and the gross income from the sale
or rental of adult material comprises less than forty percent (40%) ·
of the gross income from the sale or rental of goods or services at
the establishment, or (2) the individual items of adult material
offered for sale or rental comprise less than ten percent (10%) of
the individual items, as stock in trade, publicly displayed in the
establishment and which is not accessible to minors at the estab-
lishment.
"Adult Dancing Establishment". An establishment where employees
display or expose \sEecitie~ anatomical areas to others, regardless
of whether the employees actually engage in dancing.
"Adult Entertainment Establishment".
(A) Any adult arcade, adult bookstore/adult video store, or
adult dancing establishment; or any other establishment
1 ORD. NO.
. .
of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended by adding "Adult Entertainment Establishments, subject to
Sec. 173.615" as a conditional use.
section 5. That Chapter 173, "Zoning Code", "LI Light Indus-
trial District", Section 173.582, "Conditional Uses", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended by adding "Adult Entertainment Establishments, subject to
Sec. 173.615" as a conditional use.
Section 7. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 8. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
- declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 9. That this ordinance shall become effective upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1990.
~
MAYOR
ATTEST:
,
City Clerk ,
.
First Reading ,
Second Reading
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3 ORD. NO.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8f./1
SUBJECT: AGENDA ITEM #: 10 0 - MEETING OF NOVEMBER 13, 1990
ORDINANCE NO. 56-90
DATE: November 9, 1990
This is a second reading of an Ordinance amending Section 113.20
of the City Code to provide that no employee of, or person having
an independent contractual relationship with, the owner or
operator of an alcoholic beverage establishment shall engage in
nudity or partial nudity in any alcoholic beverage establishment.
Recommend approval of Ordinance No. 56-90 on second and final
reading.
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ORDINANCE NO. 56-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCO-
HOLIC BEVERAGES", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
I . 113.20, "PROHIBITION OF NUDITY, PARTIAL NUDITY,
SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS",
SUBSECTION (B), "NUDITY, PARTIAL NUDITY, AND SEXUAL
CONDUCT PROHIBITED", PROVIDING THAT ANY EMPLOYEE OF,
OR PERSON HAVING AN INDEPENDENT CONTRACTUAL RELATION-
SHIP WITH, THE OWNER OR OPERATOR OF AN ALCOHOLIC
BEVERAGE ESTABLISHMENT SHALL BE PROHIBITED FROM
ENGAGING IN NUDITY OR PARTIAL NUDITY WITHIN ANY
ALCOHOLIC BEVERAGE ESTABLISHMENT; PROVIDING A REPEAL-
ER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
. Section 1. That Chapter 113, "Alcoholic Beverages", Section
, 113.20, "Prohibition of Nudity, Partial Nudity, Sexual Conduct at Alco-
holic Beverage Establishments", Subsection (B), "Nudity, Partial Nudity,
and Sexual Conduct Prohibited", of the Code of Ordinances of the City of
. " Delray Beach, Florida, be and the same is hereby amended to read as
. follows:
(B) Nudity, Partial Nudity, and Sexual Conduct Prohibited.
(1) No person shall engage in nudity in any alcoholic beverage
~. establishment.
~~~ (2) No persen. employee of, or person havinq an independent
. contractual relationship with, the owner or operator of an
.' alcoholic beveraqe establishment shall engage in partial
~.' , nudity in any alcoholic beverage establishment.
(3) No person maintaining, owning or operating an alcohol ic
. beverage establishment shall suffer or permit any person.
employee or person havinq an independent contractor status
, as to the owner or operator of the alcoholic beveraqe
establishment to engage in nudity or partial nudity within
any alcoholic beverage establishment.
.
(4) No person shall engage in and no person maintaining,
owning or operating an alcoholic beverage establishment
shall suffer or permit any sexual intercourse, masturba-
tion, sodomy, bestiality, oral copulation, flagellation,
any sexual act which is prohibited by law, touching,
caressing, or fondling of the breasts, buttocks, or any
portion thereof, anus, or genitals or the simulation
thereof, within any alcoholic beverage establishment.
Section 2. That all ordinances or parts of ordinances which
t are in conflict herewith are hereby repealed.
,. Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such deci-
sion shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
'.
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section 4. That this ordinance shall become effective upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _ day of , 1990.
, ,
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
j r
I .
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1," ~
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ir. '
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f
f
~f
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2 ORD. NO. 56-90
!
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM 41: IDS - MEETING OF NOVEMBER 13, 1990
REQUEST FOR WAIVER
DATE: November 9, 1990
This item is before you to conduct a public hearing on a request
from the United Way of South Palm Beach County to waive the
required $300.00 annual registration fee pursuant to Section
118.27(C) (3) of the City's Code of Ordinances. Approval of this
request is consistent with previous Commission action relative to
the waiving of permit fees for charitable organizations.
Recommend approval of request for waiver of the required $300.00
annual registration fee for the United Way of South Palm Beach
County's Annual Fund Raising Campaign.
Agenda Item No.:
AGENDA REQUEST
Date: 10/16/90
Request to be placed on: \\ __~~.
X Regular Agenda~\~~
Special Agenda
Workshop Agenda When: 10/23/90
Description of item (who, what, where, how much):
Annual fee waiver for the United Way
$300 fee required
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommenda tion: aooroval
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature: ~~ ~C{::,~=
. /
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO JIM
Hold Until:
Agenda Coordinator Review:
~ Received:
Placed on Agenda:
Action: Approved/Disapproved
October 16, 1990
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: REQUEST FOR WAIVER OF REQUIRED REGISTRATION FEE/UNITED WAY
ANNUAL FUND RAISING CAMPAIGN
BACKGROUND:
The United Way of South Palm Beach County is requesting that the
Commission consider waiving the required $300 annual registration
fee pursuant to Section 118.27(3) of the City's Code of
Ordinance. This section of the code requires charitable
organizations with gross receipts in excess of $100,000 for the
prior fiscal year to pay the $300 annual registration fee. The
Commission has waived this fee for the United Way Organization in
past years. The agency has complied with the City's application
process and reports that this years financial goal is $2,560,000.
RECOMMENDATION:
We are recommending that the Commission waive the required $300
annual registration fee for the United Way of South Palm Beach
County's Annual Fund Raising Campaign. The waiver of such
registration fee will assist in minimizing expenditures for this
agency and provide for maximum dollars donated by Delray
residents to be used for direct assistance via Social Service
Agencies funded through these Uni ted Way dollars. The Agency's
written request and other documents provided is attached for
reference.
Attachments
B:UW.LB/LG5
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.l~ f', .
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- t. J 'V
October 2, 1990 Or 7" 1 '. Ii }) of South Palm Beach County
v , 0 Serving the communities of
CI r 1990 Boca Ralon, Delray Beach 1\ Boynton Beach
Y MAN'''' _ 660 Linton Blvd., Suite 200
f1/.;tRS PO. Box 687
Mr. David T. Hardin OFFICE Delray Beach, FL 33447-0687
Ci ty Manager (407) 278-1313
City of Delray Beach
100 Northwest First Avenue
Delray Beach, FL 33444
Dear Mr. Hardin:
Enclosed please find our application for permit to solicit in the
City of Delray Beach. I trust you will find everything in order.
If you have any questions or need further information please call
me.
Attached please find a check in the amount of $40.00 for the
application fee. Last year it is my understanding that the City of
Delray waived the $300 annual fee, in order to minimize United
Way's expenditures, so that dollars donated by Delray residents
could be used within the community to help those less fortunate.
If this was not to be interpreted as a precedent please advise and
another check shall be issued.
Thank you for your cooperation and all the support you and your
staff so generously give to the United Way.
Sincerely, ~
~~ern 4--
Vice President
Finance & Administration
RWA/dd
Enclosures
~
. United Way MIssion: /0 increase the organlled capacIty 01 peopte 10 care lor one ancrher
. Please remember United Way of South Palm Beach County in your .".111
Addendum to 90/91 Application to Solicit in the City of Delray
Beach, Fl.
United Way of South Palm Beach County, Inc. does not maintain
separate campaign and expense records or statistics for any
particular city it services, i.e. Delray, but rather each city is
considered an integral part of South Palm Beach County.
Furthermore, of the total monies raised 1. 2% is remitted to
national and/or state organizations. All other monies are utilized
for-operations which include general administration, fund raising,
communications and agency related services and of course direct
support to United Way funded agencies.
The information provided on the 90/9l application to solicit in
Delray is reflective of the above.
.
. .
'. ~
Cl\apt.er as- of the Code of Ordinances
Adopted J a-l-y--l-,--l9l<- 8 --
APPLICATIOil FOR PERlHT TO SOLICIT
IN TJIE CITY OF DELPJW DE1\CII, FLORID1\
United Way of South Palm Beach County, Inc.
Name of Organization
660 Linton Boulevard, P.O. Box 687 Delray Beach, FL 33447 407-278-1313
Address Telephone lIwnber
Incorporated: Yes: X Uo: Date of Incorporation: 12/31/62
See attached
Names of Officers and Directors
To raise funds for the support of health, welfare & children's agencies
purpose of Organization
Name of Local Paid Executive: John W. Dyess, Chief Professional Officer
KIND OF ACTIVITY:
General solicitation
(General Solicitation, Ball, Notion Picture, etc. )
To meet the needs of member agencies for 1991
Specific Purpose of Solicitation -
INDIVIDUAL OF ORGANIZTION ~IO HAS RESPONSIBILITY FOR CUSTODY OF THE COKTRIBUTI0NS /
r.harle~ Guare, Vice President Fund Raising & Marketing
The applicant shall attach to this Application on a separate ExlliETc'1\-;-a--
list of persons, inCluding their address and telephone number, who shall
be available to answer inquiries during the hours when the solicitation i5
being conducted from all persons being solicited, relative to verification
of the identity of solicitors and the nature of the so11citation. This
Exhibit A need not be published as part of the required publication set
forth in Section of the Charitable Solicitations Ordinance. Failure
to provide such list,'or to comply with the availability requirement set
forth above may result in revocation of the permit to solicit.
INDIVIDUAL OF ORGANIZATION WHO !fAS CUSTODY OF Fl:;~;CIAL RECORDS
John W. Dyess, Chief Professional Officer
.--- Robert W. Ahern, Vice President Finance & Administration
Name and Address of Local Chairman or Pe:son Directing Solicitation
$2,560,000 9/6/90 - 2/28/91
Goal Dates of Solici ta ti.Oil
Direct mail and employee campaigns within business
Hethods of Solicitation
None
Paid Promoters or Solicitors Percentage 1\greehlcnt
9.25% None
Estimated Administrative Cost of Fund Raising :Items Underwritten
in Delray Beach See attached addendum
. , ... /'
Estimated Percentage of Proceeds to
be expended in Delray Beach: 73% approximately
.
", LATEST SOLICITATION IN TilE CITY OF DELRAY BEACH:
Total Amount collected in 19~ $2.166.590
Total Expenses in 1989/90 $486.400 (approx.)
Remitted to National or State in 19 89/90 1.2% campaign
Amount of Proceeds Expended in Palm Beach County in 19~ $2.239.541 (approx.)
To this form must be attached:
Copy of Charter
Copy of By-Laws !
Statement of income and expenditures for previous year for local,
regional and national organization.
The applicant hereby agr~es that prior to allowing solicitors to
undertake activity soliciting charitable contributions that the applicant
will inform each solicitor of the nature and purpose of the drive and
provide each solicitor with a copy of the advertisement or other publicati
approved under Section of the Charitable Solicitations ordinance. 'I'
solicitor shall be informed that he is to show this material to any persoll
raising a question as to the expenditure of funds being solicl ted.
. ..
. The applicant further agrees to acquaint said solicitors with all the
rules and regulations provided in Code of Ordi-
nances of this City, and agrees that any violations thereof will subject l
organization to punishment as provided therein, including the revocation 0
the right to solicit in this City.
This application shall be sworn to by the applicant and shall be accOl
panied by a consent of the charitable organization involved consenting to
the solicitation of funds on behalf of said charitable organization.
I
~~cant
By: lohn \01 nyp~c:.
Ti tIe: Chief Professional Officer
TO AND SUBSCRIBED day of
, 19 90 .
t10tary 7~lic, St. rida
. /
tly /commissio Exp\'res:
IiOTARY PUBl C STAT( (IF flOAIDll
City Council: ~y c~ISSI N EXP JUru: 24 l~
DO/Of 0 THRf 6l:JUAI. IllS u.o.
Approved: I . "j
.
Disapproved:
.' ..0_________ _ _ -2:- --------.
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.- ., roEUTl [:'ICi\TIOll CJ\IW
.
. In c"."pli.mce './i th of the Couu
CIT'.{ 01:' D/;UI.i\Y DC1\ClI, FLORIDi\
Dy la..... thi::; CiJru mu::;l: be rc:;'\u or prc~clltcu
to illl pr.o!Opectivc uOllor:>.
NOT 1\N. ENI)On~Car:~rl' FOP. HlI:-OI'Jtl~TIOt~ ONLY
Palm CCuch County ChiJ.pter of:
United Way o~ South Palm Beach County, Inc.
\'1ill conduct it:> illlnual ilppcal.
Fl:om Septemher 6. 1990 to February 28. 1991
Distribution of $
Income La~t YCilr $2.229.755
Fund Raising,
1\dmini~triJ,tion Clnd
Public Info~ation $ 476,573 21 %
Reseilrch $1.589.000 "3
$ ~ 72%
$ %
Reserve Fund $ 0' !
140. /67 6 10
TransOilitted to
NationCll,
State or 1\reil $ 24,015 1 %.
Total Distribution $ 2,229,755 100 %
- -- -- Each Dollar contributed to
. . ...
United Way of South Palm Beach County, Inc.
last year ,.,.as sl;)ent as ~ho'...n b!::lo'..t.
/
---......
......, .
. Fund Raining, '. .
Administ=aticn und
Public Informat.ion
22 % "'
"\
\
I Research ) 11% to direct age~cy service
\
01
/~ ,0 /
\:. 01
/0
I
. \ I
/
111001 . .. /
.' /
_~o ..'"
..... -"
Not';! : Compliance ",j.lh other iI['['l.i.~ilbl~ l..ws i.s not
wi:livcd by the i,!;sui:lnce of il pCrlnit ...0 solil;it.
To be used only by the solicitor whose !;iglliJ.ture
appeurs ~elow. Compute with your receipt.
Si<Jnaturcs:
Dclrny UCilt:h Chninll;lll ::iulil;itor
D;'\tc efrc<:l:.lvc: c>:p i re ri :
See attached addendum ,
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