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12-04-90 Regular - CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - DECEMBER 4, 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 It.ited 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 12/4/90 -~ 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. j Approval of Minutes None j 6. Proclamations: A. Blockbuster Bowl Day - December 27, 1990 )7. Presentations: CH2M Hill - Update on Water Treatment Plant Conversion to Lime Softening. j 8. Consent Agenda: A. RESOLUTION NO. 114-90: A Resolution assessing costs for abatement action required to remove nuisances on 9 parcels throughout the City. City Manager recommends approval. B. FINAL PLAT APPROVAL - KING INDUSTRIAL BLOCK: Consider approval of a final plat for the King Industrial Block located on the northwest corner of S.W. 13th Avenue and S.W. 10th Street. City Manager recommends approval. C. REQUEST FOR USE OF MUNICIPAL PARKING LOT IN VETERANS' PARK: Consider a request from Howard Alan Promotions, Inc. , to use a portion of the parking lot in Veterans' Park, January 12 - 13, 1991, for the 2nd Annual Downtown Delray Festival of the Arts. City Manager recommends approval. D. SETTLEMENT OFFER: Consider an offer from Mr. & Mrs. Razete in the amount of $100,000 relative to the Aero-Dri case. City ., Attorney recommends denial. -2- Agenda Meeting of 12/4/90 E. AWARD OF BIDS AND CONTRACTS: 1. Road Asphalt Annual Contract - East Coast Asphalt Corpora- tion at an estimated annual cost of $14,000, with funding to come from Environmental Services/Street Maintenance (Account No. 001-3113-541-35.59. Balance $9,370. City Manager recommends approval. 2. Veeder-Root TLS-250 tank gauge (2 tanks) for gasoline and diesel supply - Police Department - McDonough Equipment Co. , Inc. , in the amount of $12,920.00 with funding from Public Safety Bond, Project 338501 (Account No. 338-2161-521-60.89). City Manager recommends approval. 9. Reqular Agenda: v' A. FORMAL COMMENTS PERTAINING TO COUNTY LAND USE MAP AMENDMENT REQUESTS: Consider making a formal recommendation to the Board of County Commissioners regarding proposed amendments to the Future Land use Map as contained in the County's Comprehensive Plan. City Manager recommends approval. /B. CONSIDERATION OF P&Z RECOMMENDATION REGARDING MAYFAIR GARDENS: Consider making formal recommendation to Palm Beach County to deny the proposed plan amendment for Mayfair Gardens. City Manager recommends approval. v C. SITE PLAN EXTENSION - THE GROVES: Consider approval of an extension, to January 25 1992, to the previously approved site plan for the Grove s . Planning and Zoning Board recommends approva I. v/D. TENT PERMIT APPROVAL: Consider a request from Emmanuel Catholic Church to erect a tent at 15700 S. Military Trail, from January 25- 2 7 , 1991, as part of their Outdoor Bazaar and to make beer available on the premises for this event. City Manager recommends approval. \; E. S.D. SPADY ELEMENTARY SCHOOL FUNDING REQUEST: Consider request from S.D. Spady Elementary School for $1,000.00 to help off-set the cost of the annual patrol trip to Washington, D.C. City Manager recommends approval. F. SERVICE AUTHORIZATION NO. 5 - CH2M HILL: Consider approval of service authorization No. 5 to CH2M Hill Agreement dated July 11, 1990, in the amount of $999,000.00, to provide design and construction services for the conversion of the Water Treatment Plant to lime softening. City Manager recommends approval. G. CANAL IN TROPIC PALMS: Consider authorizing staff to clean the public canal behind Dunlin Road in the Tropic Palms subdivision. City Manager recommends approval. -' -3- Agenda Meeting of 12/4/90 - . H. PROPOSED NATURE RESERVE: Consider requesting Palm Beach County to transfer the land and maintenance responsibility of the proposed neighborhood nature preserve to the City of Delray Beach. City Manager recommends approval. .'I. LORENZO BROOKS PENSION MATTER: Consider Lorenzo Brooks request for pension benefits increase. City Manager recommends denial. jJ. PORTER SETTLEMENT: Consider a settlement offer in the amount of $100,000 to Mr. and Mrs. Donald Porter. City Attorney and Risk Manager recommend approval. ,K. PAYMENT OF BILLS RELATED TO LEGAL SERVICES INCURRED BY WALTER JO. BARRY: Consider payment of outstanding legal bills incurred by former City Manager Walter O. Barry relative to the Irene Montalban matter. )10. Public Hearings: None scheduled. .¡ll. COJmDents and Inquiries on Non-Agenda i te.s from the Public - ~ediately following Public Hearings. 12. First Readings: /A. ORDINANCE NO. 58-90: An Ordinance amending the Land Development Regulations to limi t the prohibition of the sale of second hand material within businesses located between North 1st and South 1st Streets to only those businesses lying on Atlantic Avenue. City Manager recommends approval. If passed, Public Hearing will be held on December 11th. , /B. ORDINANCE NO. 59-90: An Ordinance amending the Code of v Ordinances by amending Chapter 52 "Water" to provide for an increase in the various rates and charges associated with water service both inside and outside the City. City Manager recommends approval. If passed, Public Hearing will be held on December 11th. C. ORDINANCE NO. 60-90: An Ordinance amending the Code of Ordinances by amending Chapter 54 "Sewers" to provide for an increase in certain rates and charges associated with sewer service both inside and outside the City. City Manager recommends approval. If passed, Public Hearing will be held on December 11th. D. ORDINANCE NO. 61-90: An Ordinance which changes the defini- tion of the term "family" as contained in the LDR's. City Manager recommends approval. If passed, Public Hearing will be held on January 15th. 13. Co.-ents and Inquiries on Non-Agenda Items: ~ A. Commission B. City Attorney C. City Manager -4- CITY DF DELRAY HEAEM 'd- 100 N.W. 1st AVENUE DELRAY BEACH "LORIO'" 33444 407 '243- 7 DO,:) PRO( j J ~r 1 {In\ WHEREAS, the newly formed Blockbuster Bowl is hav ing an '. ¡ Awards Luncheon at the Boca Raton Resort and Club, December 27, 1990, at 12:00 noon; and, . WHEREAS, the City of De1ray Beach wishes to participate in wishing the newest collegiate football game good luck, and hopefully play host to future followers of this outstanding event; i ¡ i NOW THEREFORE, I, THOMAS E. LYNCH, Mayor of the City 0 f ¡ Delray Beach, Florida, do hereby proclaim December 27, 1990, as ¡ " , ~ t "BLOCKBUSTER BOWL DAY" J* ¡ t ¡ IN WITNESS WHEREOF, I have hereunto set my hand and r -,. ~ " caused the Seal of the City of Delray Beach, Florida to be affixed this 4th day of December, 1990. - MAY 0 R THOMAS E. LYNCH SEAL DEPARTMENT OF ENVIRONMENTAL SERVICES M E M 0 RAN DUM TO: DAVID T. HARDEN CITY MANAGER FROM: MARK A. GABRIEL, P.E. ~~ ASST. DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER DATE: NOVEMBER 28, 1990 SUBJECT: UPDATE BY CH2M-HILL ON WATER TREATMENT PLANT CONVERSION TO LIME SOFTENING - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CH2M-Hill has prepared a short presentation, at the request of Mr. Greenwood, on the status and results of their preliminary engineering work on the conversion of the water treatment plant to lime softening. With your approval we would like to have this done at the December 4, 1990 meeting. Since the Work Authorization in on this same agenda it seems appropriate. MAG:kt cc: File: MGENWTP William H. Greenwood, Director of Environmental Services M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM # 8A - MEETING OF DECEMBER 4, 1990 RESOLUTION NO. 114-90 DATE: November 29, 1990 This item is a Resolution assessing costs for abatement action required to remove nuisances on 9 properties throughout the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 114-90 assessing costs for the abatement of nuisances on 9 properties within the City. .' 'ij ____·___·______h___ __________.__ __. _________ ___ ______._h .1.- ______ RESOLUTION NO. 114-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF , ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENT S . ~ WHEREAS, the City Manager or his designated representative has, I ! pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in I the list attached hereto and made a part hereof, for violation of the 1 provisions of Chapter 100 of the Code of Ordinances; and, : WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his , , designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective . \ owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 WI'-- of the Code of Ordinances describing the nature of the nuisance (s) and , sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- .."~- ing to seawalls) they must abate said nuisance, or file a written . , request for a hearing to review the decision that a nuisance existed ,'. within ten (10) days from the date of said notice, failing which the ~. City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ! ment against said property; and, WHEREAS, the property owner(s) named in the list attached , hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land (s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, I WHEREAS, the Ci ty Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), \ . d __·_~n..._ _~___ ....-- -----_.~ - ----- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown , by the report of the City Manager of the City of Delray Beach, involving the Ci ty I s cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- t closures are under state law. ~ t Section 2. That such assessments shall be legal, valid and j ,~ ..; binding obligations upon the property against which said assessments are levied. d Section 3. That the City Clerk of the City of Delray Beach is , .. hereby directed to immediately mail by first class mail to the owner(s) .~ of the property, as such ownership appears upon the records of the , County Tax Assessor, notice(s) that the City Commission of the City of , t· Delray Beach on the has levied an assessment against said property for the cost of abatement of said . nuisance by the City, and that said assessment is due and payable within f! thirty (30) days after the mailing date of said notice of assessment, l' after which a lien shall be placed on said property, and interest will Pf' accrue at the rate of 8% per annum, plus reasonable attorney's fees and t other costs of collecting said sums. A Notice of Lien shall be mailed, ~,"t ~, along with the Notice of Assessment and this resolution. ~h ~J Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained ~ herein shall become due and payable thirty (30) days after the mailing i date of the notice of said assessment(s), after which a lien shall be placed on said property(s) , and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are ¡ necessary, the costs of such proceedings including a reasonable - . attorney's fee. t, Section 5. That in the event that payment has not been ~ .. received by the City Clerk within thirty (30) days after the mailing f date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's I fee. , ~ PASSED AND ADOPTED in regular session on this the day of , 1990. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 114-90 . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES !I PROPERTY DESCRIPTION OWNER ASSESSMENT LOTS 8 & 9 (LESS RD R/W) , DOLORES A. LIDDY TR $ 145.00 BLK 2, SOPHIA FREY ADDITION, C/O ARNOLD KURZINGER 50.00 (ADM. COST) PB 4, P 37, PUBLIC RECORDS, 5700 N. FEDERAL HWY #B PALM BEACH COUNTY, FL BOCA RATON, FL 33487 (911 N. FEDERAL HWY.) LOT 21 & N1/2 OF LOT 22/LESS GEORGE F. KEENAN, JR. $ 75.00 E5 FT RD R/W, BLK 109, TOWN 464 POND ST. 25.00 (ADM. COST) , OF DELRAY, PB 1, P 3, PUBLIC BOSTON, MA 02130 RECORDS, PALM BEACH COUNTY, FL (72 SE 6TH AVE) S1/2 OF LOT 22 & LOT 23/LESS GEORGE F. KEENAN, JR. $ 75.00 SR R/W, BLK 109, PB 1, P 3, 464 POND ST. 25.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH BOSTON, MA. 02130 " COUNTY, FL. t (82 SE 6TH AVE.) It LOT 21 & N1/2 OF LOT 22/LESS GEORGE F. KEENAN, JR. $ 24.49 E5 FT RD R/W, BLK 109, TOWN 464 POND ST. 35.00 (ADM. COST) OF DELRAY, PB 1, P 3, PUBLIC BOSTON, MA 02130 ,~ RECORDS, PALM BEACH COUNTY, FL (72 SE 6TH AVE) 1 . Sl/2 OF LOT 22 & LOT 23/LESS GEORGE F. KEENAN, JR. $ 24.48 : J SR R/W, BLK 109, TOWN OF 464 POND ST. 35.00 (ADM. COST) DELRAY, PB 1, P 3, PUBLIC BOSTON, MA 02130 oj RECORDS, PALM BEACH COUNTY, FL ~ ~: (82 SE 6TH AVENUE) , (LESS RD R/W), $ 125.00 LOTS 8 & 9 DOLORES A. LIDDY TR. f\ BLK 2, SOPHIA FREY ADDITION, CO ARNOLD KURZINGER 50.00 (ADM. COST) . PB 4, P 37, PUBLIC RECORDS, 5700 N. FEDERAL HWY. #B ~. PALM BEACH COUNTY, FL BOCA RATON, FL. 33487 (911 N. FEDERAL HWY.) LOT 1, BLK 23, TOWN OF DELRAY JOHN & JAMES PATMAN $ 82.00 ..0\ PB 10, P 69, PUBLIC RECORDS, 82 NW 5TH AVE. #15 50.00 (ADM. COST) PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33444 .- (SW 5TH AVE. & SW 2ND ST) LOT 7, LAKE EDEN SUB., PLAT 1 JEFF D. & REBECCA A. AHL $ 72 .00 PB 28, P 216, PUBLIC RECORDS, HUSBAND AND WIFE 50.00 (ADM. COST) {- PALM BEACH COUNTY, FL. 320 S. MILITARY TRAIL - t (256 LAKE EDEN WAY) DEERFIELD BCH, FL. 33442 t LOT 20, BLK 1, ATLANTIC PARK MARY SALOMON EST $ 53.00 GARDENS, DELRAY, PB 14, P 56, C/O LILLIAN QUINCE 50.00 (ADM. COST) .. PUBLIC RECORDS, PALM BEACH P .0. BOX 119 f COUNTY, FL DELRAY BEACH, FL 33447 (NW 13TH AVE. & NW 1ST ST) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. , ¡ l i -3- RES. NO. 114-90 M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~1 SUBJECT: AGENDA ITEM 41= 8:ß - MEETING OF DECEMBER 4, 1990 FINAL PLAT APPROVAL - KING INDUSTRIAL BLOCK DATE: November 28, 1990 The action requested of the City Commission is that of approval of a final plat for the King Industrial Block, located on the northwest corner of S.w. 13th Avenue and S.W. 10th Street. This plat is required as a condition of approval of the site plan which was approved by the City Commission on September 26, 1989. The Planning and Zoning Board has not reviewed this plat as it was previously stated that the final plat would go directly to the City Commission. Also, under the LDRs, a boundary pI at does not require p&Z review. However, at the time of site plan approval, the Planning and Zoning Board recommended that certain waivers be granted. Recommend that the City Commission approve the boundary plat for the King Industrial Block with a specific waiver of the following: (a) additional right-of-way dedication along S.W. 13th Avenue; and, (b) waiver of sidewalk installation along S.W. 13th Avenue. C I T Y COM MIS S ION DOC U MEN TAT ION TO: _~LISON MACGREGOR-HARTY, CITY CLERK r·-'" /' ( ~J ~ ~'"~ FROM: ID . KO ACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF DECEMBER 4, 1990 FINAL PLAT, KING INDUSTRIAL BLOCK ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a final plat. BACKGROUND: This boundary plat is required as a condition of approval of the King Industrial Building site plan approval - City Commission approval was granted on September 26, 1989. The property is no longer zoned for Industrial use; however, provisions of the LDRs allow for the completion of a project under a previously approved site plan. The site plan must be vested (project established) by the end of March, 1991, or it will expire and a different use of the land will be necessary. The plat has been properly prepared, engineering plans filed, and necessary permits obtained. The plat is now ready for City Commission action. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board has not reviewed this plat as: 1) when site plan approval was granted it was stated that the final plat would go directly to the City Commission; and, 2) under the LDRs, a boundary plat does not require P&Z review. At the time of site plan approval, the Board recommended that certain waivers be granted. The formal acknowledgement of those waivers was not included in the City Commission Minutes of September 26, 1989; thus, they are included in this approving action. · City Commission Documentation Final Plat, King Industrial Block Page 2 RECOMMENDED ACTION: By motion, approval of the boundary plat for the King Industrial Block with a specific waiver of the following: a) waiver of addition right-of-way dedication along s.w. 13th Avenue; and, b) waiver of sidewalk installation along S.w. 13th Avenue. Attachment: * Reduction copy of the plat DJK/#74/CCKING t -- <L 'ÒT~ ~ìREET ~ . + S ~9·ll·IOW 14Q99' .~ "T R.A<.,. A '44.~ f'ft11 . <: IO·;~IO'V~.-- , . ~I'$ . I !,i.~ ¡;:: 'l':l ~':> I" . . õ I 'ld 'ZcÍ .~ gg ~8'~ I~.I :.- · ., r "() cr.tl"- (1.i ¡.f! ~,£,n "''''cr- I....· jð:<Z \ G.. fl. : <3«-1 ..) N 4 ¿. '.'/ :~ I I · (~) t:':.. ('\ ... '-' ~ I ! 1~ 00- : I' , ., I \ I I .... '-;1 n: ..... t.o_ It\ I I .... w w: :~~ ' . · J . ¡ 0' 01:' : "..: :... ) I . I :J .. . UJ ,<' ......'.. 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I ¡::'!-3 a:~~.~ r::~7: i:ií~·r j "----_..-- -, ! . - ~~ --o- J .~. . -. . --- 1·· \ - M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~Î SUBJECT: AGENDA ITEM # 8C - MEETING OF DECEMBER 4, 1990 REQUEST FOR USE OF MUNICIPAL PARKING LOT IN VETERANS' PARK DATE: November 30, 1990 The Commission is to consider a request from Howard Alan Promotions, Inc. , to use Veterans' Park on January 12-13, 1991, for the 2nd Annual Downtown Delray Festival of the Arts. The event will feature a multitude of fine artists and contemporary crafters from allover the United States and Canada. Howard Alan Promotions, Inc., will adhere to all City regulations and will provide the following: A one million dollar liability policy, co-insuring and holding harmless the City of Delray Beach; and, Complete services, including security, clean-up, etc. Since we have events scheduled at the Adult Center, they will only be able to use a portion of the parking lot. Recommend approval of the request from Howard Alan Promotions, Inc. , to use Veterans' Park on January 1 2-13, 1991, for the 2nd Annual Downtown Delray Festival of the Arts. · MEMORANDUM TO: Alison MacGregor Harty City Clerk FROM: Joe Weldon Director of Parks and Recreation SUBJECT: REQUEST FOR USE OF VETERANS' PARK DATE: November 29, 1990 The attached letter is from Howard Alan Promotions requesting use of Veterans' Park parking lot on January 12th through 13th, 1991 for the Downtown Delray Festival of the Arts. Since we have events scheduled at the Adult Center they can only use a portion of the parking lot. If approved by City Commission, Lee Graham should contact Mr. Alan concerning rthe certificate of insurance. " J~ ~( J,f Weldon D~~ector of Parks and Recreation JW: jmh REF:JW275.DOC Attachment cc: David T. Harden, City Manager Lee Graham, Risk Management Officer .",V..,? '.~ - 1 5 - '9 ø THU 12:33 HowardAlanPromo .. P _ ø 1 . '.. fI~QD ALAN PQOMOTION~, INC. ~ . ,.., '" '-- ~.. ~,' -"""~ ~-----~----- November t, t~;¡ . David Harden City Manager .- '2~~-T{)'O De7ray Beach City Ha77 100 N.W. 1st AV$nue I De7ray Beach, Ftorida 33444 .,. ,,~ Dear Mr. Harden} ¡J i ", We are working W1th At/an.e1a Plaza ami M,.. Sandy Gimon 01'2 tho p7anning oftThe\2nd Annua1tJowntown De7ray Fëstiva7 of the Arts on Jant)aty; 12 ... 13,1991. Last years event waslív~r'y positive sUð¢~s$ story, as· it drew a' hea7thy crowd to the,. Downtown ar~'ã:.. 'this year.'s~ewmt wi 77 feature s mû1tltu(/ø;.of fine art ists·;,and conternpol'"s.f·y crafters from' a170ver thè,' un 1 teet s 'ta 'tes- at,lf.! Cemitda. Thð emphalS f (;) wi 11 bø on . high qua7ity JUr-1ødrestiva7. . .' . ...'" ,¡, AS we requested 7(:t~t y.::<:t.r, Wet ....ould ôncø QS¡;';n røcpøct:.t*LJ71Y request thet.Jse.of the municipal parking lot il1 Veterans Park. ">;:"..' -(:.~;; We wi17 adhf!j/:'e to a71 city}egu7ations and provide the fo 7 70wing: . . ." * A on~ ,minion d077ar-liability policy, co-insurfngahd ho7dÜ!g harm7ess the City of De7ray Beach. * Complete services, including: security, c7ean-up, etc. We have the makings ofonCéagain creating a fine signature event for thë Downtown De7ray area. The funct ion is being sponsored as a fund raiser for Musèu7ar.Ðystrophy, and it is being hos,ted by The Atlantic Plaza Merchants Associâtion.. Our sponsôr$'inc:; 7ude The ps 1m Beach Post, The De 1 ray '-News , 07dies 94FM;' and The Miami Hera 7d, and Channel 12. We appreciate your time and effort, and we await the City's fina 7 appro va) . . P7ease not ffy me if you have any quest ions. ~ru,y, ~~d oward A 1an . Howard Aian Promotions c. c. Sandy Simon > A t 7 an tic Plaza . Renee' Rand HAl dc DRA YCHCO. LET "} One N. University Drive. ð)uite A-310 · Plantation, fL 333'24 . (305) 47'2-3755 . fAX (305) 472-3891 iK ttI1 [ITY DF DELIAY BEA[H CITY A-rTORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 · DELRAY BEACH, FLORIDA 33483 HI 407/243-7090 . TELECOPIER 407/2784755 MEMORANDUM Date: November 30, 1990 To: City Commission ·c't, From: Jeffrey S. Kurtz, City Attorney Subject: Cit of Delra Beach v. Razetes/S Attached please find a copy of a settlement offer made by Nancy Graham on behalf of her clients, the Razetes. As the Commissioners are aware, the Razetes were the owners of the land and former owners and directors of Aero-Dri and received a directed verdict in their favor at the trial court level of the Aero-Dri litigation. ~ The Razetes' offer is to pay the City $100,000 to release them from any further liability. The City Attorney's Office strongly recommends against acceptance of the settlement offer. The status of the various components of the litigation involving Aero-Dri are as follows: 1. Razete Appeal - The City filed an appeal of the Judge's verdict in favor of the Razetes and our initial brief to the Fourth District Court of Appeal is due December 28, 1990; however, we anticipate having it filed the week of December 10, 1990. At that point in time, the Razetes will once again begin incurring substantial legal fees to defend this case. Regardless of the outcome of the appeal, a separate federal cause of action against the Razetes remains a possibility. 2. Davey Compressor Appeal - Aero-Dri/Davey Compressor Company was the entity against which the City received an $8.7 million dollar verdict. Those defendants had sought a new trial or remittitur of the damage award which were denied by Judge Rodgers on November 1, 1990. At that point in t.ime, defendants sought a stay of execution (our attempt to collect the judgment) which was also denied by Judge Rodgers. They have since filed an appeal and requested a stay of execution from the Fourth District Court of Appeal. We have filed a responsive memorandum of - City Commission November 30, 1990 Page 2 law and are confident that a stay will not be granted by the appellate court. This means that although they have filed an appeal, unless they post a supersedeas bond in excess of $10 million dollars, we can pursue collection of the jUdgment. At present, due to interest accumulation, the amount due the City is in excess of $9 million dollars. In order to execute on the judgment, we will be pursuing Davey Compressor Company and var ious insurance companies to collect our money. In addition, regardless of the outcome of the Razete appeal, the Razetes are subject to an indemnification order by an Ohio court to indemnify Aero-Dri/Davey Compressor. While ultimate collection of our judgment is by no means definite or in the immediate future, our position remains one of strength and the Razete offer should be rejected. Should any Commissioners have any questions concerning this matter, please do not hesitate to contact our office. JSK:sh Attachment cc: David Harden, City Manager William Greenwood, Director of Environmental Services Alison MacGregor Harty, City Clerk / //....) ""~ ... i :......._' . LAW OFFICES MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P.A THOMAS M. BEASON BARNETT CENTRE. 9TH FLOOR L'NDA R. McCANN PETER L. BRETON 625 NORTH FLAGLER DRIVE ANDREW oJ. McMAHON ROBERT BRODY LISA A. MILLER POST OFFICE BOX 3888 GREGORY D. COOK JON C. MOYLE E. COLE FITZGERALD..Dr WEST PALM BEACH, FLORIDA. 33402 JOOY H. OLIVER JOHN F". FLANIGAN TELEPHONE (407) 659-7500 DAVID S. PRESSLY ANDREW F'UL TON. III" FACSIMILE (407) 659 -1789 PATRICK E. OUINLAN MYRA GENDEL - MARK E. RAYMOND NANCY MALL.EY GRAHAM TALLAHASSEE OFFICE THOMAS A. SHEEHAN. m WINSLOW D. HAWKES, lIT TELEPHONE (904) 681-3828 DONNA H. STINSON LYNN G. HAWKINS MARTA M. SUAREZ' MURIAS FACSIMILE (904) 681-8788 SAMUEL A. THOMAS MARTIN V. KATZ - WIL TON L. WHITE WILLIAM B. KING RONALD K. KOLINS STUART OFFICE THOMAS L. YOSE:T STEVEN A. MAYANS TELEPHONE (407) 288-1144 JOEL H. YUDENFREUND FACSIMILE (407) 288-1499 November 16, 1990 Jeffrey S. Kurtz, Esquire City Attorney \í- \ '1- Cic City of Delray Beach 310 S.E. 1 st Street, Suite 4 Delray Beach, Florida 33483 Re: City of Delray Beach v. Ra ze tes Dear Jeff: I have now spoken with my clients concerning some specific monetary settlement authority to try and resolve this matter. It is my under stand ing that, if my clients are able to reach a settlement with the City with regard to the payment of money, Davey will go forward with a complete assignment of the insur a nce policies to the City of Delray Beach at this time. My clients are willing to pay the City the sum of $100,000.00 in cash, plus assign any rights they may have in any of the insurance policies, specifically as additional insureds und er the Aetna policy, to the City of Delray Beach. However, as I previously indicated to you by te lephone, my cl i ents do want the settlement to include their right to join in any lawsuit Ei led against the insurance ca r r i e r s so that they can try and recover some of t he i r substantial monies expended, with the agreement that to the ex tent that there is ultimately determined to be coverage, the City gets all of the funds available up to $8.7 million and my clients will only recover if funds are available above that amount. I realize that the City's offer of settlement was seeking quite a bi t more money from my clients; however, I think that this offer is fair when you consider the fees that the City will be requ ired to pay for the appe a 1 and, wh i 1 e we do not believe the City will be successful in its appeal, if it did prevail, the City would have to retry the case against my clients without any means of recovering its a t tor ne y s I fees for the second trial. J ef f r e y S. Kurtz, Esquire November 16, 1990 Page 2 Considering the leng th of time that it wo u Id take to go th ro ug h the appeal process and any retrial of this case, the City will have no fund s and will have to pay the attorneys' fees out of C i t Y taxpayer dollars. Further, if this matter is not resolved so that the City can go against the insurance policies, there is no way that the City will ever recover on the $8.7 million judgment since, as you know, Davey is on the verge of bankruptcy and my clients don't have anything even remotely close to being able to satisfy that judgment and a substantial portion of the few assets they do have are protected under law from debtor's claims. I hope that serious consideration will be given to this of fe r in the hope that this matter can be resolved without the necessity of running up a lot of bills for attorneys which will benefit no one but the attorneys. ì2trUj~ Na~lley Graham NMG/dlp cc: Mr. John J. Ra ze t e Mr. Lawrence A. Razete Doug 1 a sM. Halsey, Esquire William R. Jacobs, Esqu ire . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # gE - MEETING OF DECEMBER 4, 1990 AWARD OF BIDS AND CONTRACTS DATE: November 29, 1990 The following items are before you for award of bids and contracts: 1. Road Asphalt Annual Contract - East Coast Asphalt Corporation at an estimated annual cost of $14,000, with funding to come from Environmental Services/Street Maintenance (Account No. 001-3113-541-35.59. Balance $9,370. 2. Veeder-Root TLS-250 tank gauge (2 tanks) for gasoline and diesel supply - Police Department - McDonough Equipment Co. , Inc. , in the amount of $12,920.00 with funding from Public Safety Bond, Project 338501 (Account No. 338-2161-521-60.89) Recommend approval of award of bids and contract. Agenda Item No. : AGENDA REQUEST Date: 11/27/90 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: 12/04/90 Description of agenda item (who, what, where, how much): f:n-np Bid Award Road Construction Materials - Annual Contract ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award road asphalts to East Coast Asphalt Corporation at an estimated annual cost of $14.000. Ifjf/f!!>/ 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: ~ NO (if applicable) Funding alternatives: Account No. & Descqi~on: ro/-3tJ~-s4] .3S-sej Account Balance: L , City Manager Review: Approved for agenda: @/ NO [l¡t1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ AdMinistrative Services FROM: Ted Glas, Purchasing Officer ¢(/J DATE: NoveMber 27, 1990 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - DECEMBER 4, 1990 - CO-OP BID AWARD BQêº_ÇQM§IBUCIIº~_~eIEBle~§£_eM~Ueb_çQ~IBeçT !t~~_a@!gr@_Ç1ì~_CQ~~i~~igDA The City COMMission is requested to award annual contract for road ~sphalts to East Coast Asphalt Corporation, at an estiMated annu~l cost of $14,000. Per the Budget Officer.. funding i. froM'_________________________(_______________ -------------------~-------------------~--). ItU;l!gr:gUDcI.l The City of Boca Raton Purcha.ing Office is the lead organization for this county cooperative contract. Bid. were received on NoveMber 26, 1990 frOM only two .upplier... per attached tabulation of bid.. Twelve iteMs received no pric'1ng, and are being re-bid by the City of Boca Raton. The new price for asphalt has increased $1.~0 per ton. or 5~ over last year's price, as follows, It.ð! 12..i:I:1R.t1gD EstiMated Unit IQt.l QU.Dtit~ er:1~. 001 Type 8-1 Asphalt eo Ton. .27.7e .1,387.50 002 Type II Asphalt 100 Tons 27.7e 2,775.00 012 Type III Asphalt 3~0 Tons 27.7S 9,712.~0 Total EstiMated Annual Cost .13,875.00 On NoveMber 26, 1990 the PalM Beach County Cooperative Purchasing Croup Met and voted to recoMMend award of road asphalts to East Coast Asphalt Corporation. B!!;iiP!!)!!).D~.:tiQD! Staff recoMMends award for road asphalts to East Coa.t Asphalt Corporation, at an estiMated annual cost of .14..000." Funding as outlined above. etttll;bðltD1»A Tabulation of Bids pc Mark Kilbourne ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00 ~ ~ ~ ; w ~ ~ õ ~ œ ~ ~ ~ ~ w ~ - i I I I.... ~ I b ~ I ~ I ~ Rt I Ie Ie IQ: Þ ~ I O!;O ~ I ~\.4 ~I' 1 I" 1 ~ i r-. ¡-...., ~ I r-- t- I [I:) ~ lõ I 10 :?\ R)! P I~! ~ ! 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I 1 1 I ¡i'" I I I I I I I I I ì- I I I I , i: : I :, I ,,; I, i I I I:: I I Iii : I I; ~ I I: I i\ Agenda Item No. : AGENDA REQUEST Date: August 6, 1990 Request to be placed on: X Regular Agenda ô£? 4- 1~9o Special Agenda Àt!gt:ist 21. 199&- Workshop Agenda When: Description of item (who, what, where, how much): Veeder-Root TLS-250 tank gauge system (2 tanks) for police department gasoline and diesel supply. Recommend McDonough Equipment Co., Inc. Pompano Beach for $12.920.00. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Police Chief and Assistant City Manager (R. A. Barcinski) recommend approval, funding from Public Safety Bond, Project 338501, 338 2161 521 60.89. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55).. ~ Department Head Sign~ ~ _ ~(t?¡~ 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 t170 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Delray Beach Police Department ~ ~ 300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 -" (407) 243·7888 Fax (407) 243-7816 CHARLES KILGORE Chief of Police MEMORANDUM TO: Ted Glas, Purchasing Director FROM: William H. Cochrane, Major Acting Chief of police DATE: August 6, 199Ø SUBJECT: REQQMM~~8ïIQN_ïQ_~ºRQH8Q~_~~º~R=Rººî_QXQï~M Based on the attached proposal from McDonough Equipment Co. Inc., we recommend purchase of the Veeder-Root TLS-25Ø tank g aug e monitoring system for the Police Department based on the fact that McDonough installed our gasoline tanks, the monitoring , / wells, as well as the same system at the Public Works complex. They also are responsible for the maintenance of all gasoline monitoring systems in both complexes¡ therefore, we recommend them as a sole source vendor rather than going out to bid. ) Your consideration will be appreciated as this is scheduled for the regular agenda on August 28, 199Ø. ~1~--- WILLIAM H. COCHRANE, MAJOR Acting Chief of Police WHC/gb Attachments cc: Chief Kilgore PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER QUOTAflON No. ~jj52^ . . QUOTATION & CONTRACT DATE 11/2/90 for Installation or Service PAG~ OF ¿ GLASGOW EQUIPMENT SERVICE INC. 1750 Hill Avenue - Mangonia Park P.O. Box 8057 - West Palm Beach, Fla.33407 Phone: (407) 842-7236 FAX (407) 842-7402 CITY OF DELRAY POLICE DEPT. SUBJECT: REPAIRS TO EXISTING 300 WEST ATLANTIC AVE. FUELING SYSTEM DELRAY BEACH, FL. 33444 IN Rg.srpÒijiE fòA1ðbhJÆuAH';\W~b~M/~~JFðLLOWING QUOTATION: DEAR CAPTAIN MELIS, THI S PROPOSAL INCLUDES THE REPAIR OF THE EXISTING FUEL SYSTEM DETECTION MONITOR SYSTEM AND THE INSTALLATION OF TWO INTERNAL TANK PROBES AND ONE MONITOR FOR INVENTORY CONTROL. AN ALTERNATE IS GIVEN FOR OVERFILL PROTECTION OF EACH TANK. THERE ARE SEVERAL DIFFERENCES FROM THE CURRENT OPERATING SYSTEM WHEN COMPARED TO THE ORIGINAL ARCHITECTURAL DRAWINGS. THESE DIFFERENCES INCLUDE THREE SEPARATE MONITOR WELLS WITH PROBES AND THEIR CONNECTIONS. AN ALTERNATE IS GIVEN FOR THESE ITEMS. TO REMOVE SEVEN EXISTING DETECTION PROBES AND ONE DETECTION MONITOR AND REPLACE THEM. ALL ELECTRICAL WIRING IS TO UTILIZE THE EXISTING CONDUIT WITH NEW WIRING. ALL CONNECTIONS, START UP AND TRAINING OF YOUR PERSONNEL ARE INCLUDED. NEW 24" SQUARE MANHOLES WILL BE INSTALLED OVER EACH DETECTION PROBE. TO SUPPLY AND INSTALL ONE GILBARCO TANK MONITOR 2 INTERNAL TANK GAGING SYSTEM WITH TWO TANK PROBES. TWO EXISTING 4" OPENINGS WOULD BE EXCAVATED, ONE PER TANK, TO INSTALL THE TWO NEW TANK PROBES WITH PIPING RISERS AND CAPS. TWO NEW CONDUITS WILL BE RUN TO THE NEAREST MONITOR WELL LOCATIONS AND LOOPED TO THE EXISTING CONDUITS. NEW WIRING, ALL CONNECTIONS, START UP AND TRAINING OF OPERATIONS PERSONNEL ARE INCLUDED. TOTAL BID PRICE ....................... $ 21,654.00 ACCEPTANCE: This quotation, when accepted by the customer, and countersigned by the authorized representative of GLASGOW EQUIPMENT SERVICE INC,. will constitute a bona fide contract between the parties, subjectto all Items and conditions on the reverse side. It Is expressly agreed that there are no promises, agreements. or understandings, oral or written, not specified In this quotation. CUSTOMER GLASGOW EQUIPMENT SERVICE INC. AUTHORIZED AUTHORIZED SIGNATURE SIGNATURE NAME & TITLE NAME & TITLE OF SIGNER OF SIGNER DATE DATE IF YOU ACCEPT THIS QUOTATION PLEASE SIGN AND RETURN BOTH WHITE COPIES TO GLASGOW; ONE WILL BE RETURNED TO YOU AFTER SIGNING BY GLASGOW, AS YOUR COpy OF THE CONTRACT. II . QUOTATION AND CONTRACT . . . cDONOUGH 1 1 Page of .! ¡ Equipment Co., Inc. Date: July 30, 1990 1660 Northwest 19th Avenue. Pompano Beach, Florida 33069 Quotation # 01500 Breward (305) 979-3888 . Dade (305) 947-9756 . Palm Beach (407) 736-1314 TO: City of De1ray Beach Reference' Furnish/install 434 S. Swinton Ave. Veeder-Root TLS-250 tank Delray Beach, FL 33444 gauge system at Police Dept. Attn: Capt. Melis Atlantic Ave., De1ray Beach, Floridá, (2) tanks. , , We are pleased to submit this quotation based on our interpretation of your requirements, as follows: Furnish labor/machinery/materials to sawcut/excavate/expose bung (4") at one (1) 10,000 gallon gallon, one (1) 1,000 gallon underground tank. Furnish and install two (2) 4" galvanized risers, two (2) Veeder-Root #312020-078 cap and ring kits. Sawcut and trench approximately 75'-90' of asphalt and landscape area to utility building, provide electrical conduit for Veeder-Root system from power box to tanks with conduit wiring. i , Furnish and install one (1) Veeder-Root TLS-250 #784190-122 control monitor with i I printer to be mounted on interior building wall. Furnish and install two (2) Veeder- Root #784290 probes in tanks. j ! Backfill tank sawcut and trenched areas. Repour concrete patch at tank farm. As- phalt patch to match existing. Make final electrical connections for monitor con- troller (± 20'). Repair sod area. Check-out and sales tax included. , I Total Price: $12,920.00 J " Equipment Furnished by McDonough Equipment Co., Inc. 1 ea. Veeder-Root #784190 122 monitor with printer 2 ea. " #784290 tank probes ~"~ 2 ea. " #312020-878 cap and ring kits \ 2 ea. risers/12" manholes l-~:, Notes: ~. ~'" 1) of original equipment manufacturer's (OEM) products is subject to the The sale OEM's warranty provisions; and under no circumstances shall McDonough Equipment Co. be liable for any incidental, consequential, or special damages to include, but not limi ted to, loss of profi t , loss of product, or any other costs associ- , ated therewith. 2) McDonough Equipment Co. is not responsible for any existing contamination of soils, groundwater, or product at site. Any clean up to be extra. Any additional requirements by environmental agencies not stated and included in this quote to be ex~ra. 3) Any unforseen obstacles such as electrical lines, plumbing lines, sewer lines, etc. will be repaired at owners expense. 4) Permits not included in this quote, due to work being~pe;~Ormed for the city. Additional costs will inc , if evmits are quired. Payment Tn"'" Pay~nt in 'nll 20 days £Com start 'kÝ ~ ( ACCEPTANCE This proposal, when accepted by the Purchaser, t ( rJJ/{l,{I-¡1 and final approval of sellers OffIcIal OffIcer, wIll constitute a bona ' fide contract between us, subject to all terms and conditions on the reverse side. It is expressly agreed that there are no promises, agreements, or understandings, oral or written, not specified in this proposal. Company Name Signature ILl 90 Print name of signature and title Title Date Date Credit Mgr./Date Sales Mgr./Date Customer - White, Customer· Green, Numeric file . Yellow, Alpha File - Pink, S.lelman . Gold · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER trr1 SUBJECT: AGENDA ITEM #911 - MEETING OF DECEMBER 4, 1990 FORMAL COMMENTS PERTAINING TO COUNTY LAND USE MAP AMENDMENT REQUESTS DATE: November 28, 1990 The action requested of the City Commission is that of making a formal recommendation to the Board of County Commissioners regarding four (4) proposed amendments to the Future Land Use Map as contained in the County's Comprehensive Plan. The four land use map amendments are located within a mile or so of the City's planning area and are briefly described as follows: (1) Polo Trace PRD - The request is to change the land use designation from MR5 (Medium Density Residential) to LR1 (Low Density Residential) which will result in a reduction of density. The site is located approximately 1.6 miles north of Delray West Road (Atlantic Avenue), off of Hagen Ranch Road. This project does not directly impact the City¡ therefore, staff recommends that no comment be made. (2) Taheri (Military Trail) - The request is to change the land use designation from LR1 to MR5 for a 28.8 acre site located on the west side of Military Trail, approximately 6/10ths of a mile south of Linton Boulevard. This change wil1 bring the property to the same designation as exists for adjacent developed properties and is consistent with nearby City designations of Medium Density (5-12 units/acre) Residential to the east of Military Trail. Staff recommendation is to find the request compatible with adjacent Land Use Plan designations within the City. (3) Taheri (Flavor Pict) - The request is to change the designa- tion of approximately 33 acres of land from Medium Residen- tial (MR5) to Commercial High Intensity (CH). The site is located at the southwest corner of the intersection of · Military Trail and Flavor Pict Road. It is currently zoned and utilized agriculturally. While the request is consis- tent with that portion of the County Plan which calls for CH to be located at the intersection of major arterial roadways (Military Trail and Flavor Pict Road), other portions of the County Plan call for a balance of residential, commercial and industrial development. Staff recommendation is that the request be denied or deferred until such time as the County Planning Department sets forth area-wide recommendations with respect to the need and appropriate location of new commercial land within the area between Atlantic Avenue and Boynton Beach Boule- vard. Also, that consideration be given to incompatibili- ties which will be created between this site, if redesignated, and adjacent parcels and the resulting domino effect of increases in intensity upon the ability to have services provided. (4) Rhodes (Military Trail) - The request is to change the designation of a four acre tract located at the southeast corner of Military Tr ail and Flavor Pict Road from MR5 (Medium Residential) to CH (Commercial High Intensity) . Such a designation may well result in overcommercialization at a major intersection whereas either an alternative or transitional land use may be more appropriate. Staff recommendation is that the request is inappropriate and would be incompatible with nearby designations as shown on the City's Comprehensive Plan. The Planning and Zoning Board formally reviewed this item at its special meeting of November 26, 1990, at which time it endorsed the recommendations as contained in the Staff Report, with a change that on the Polo Trace PRD a recommendation of approval was made. Recommend that the Commission direct the Administration to communicate, as the City Commission's position, the recommenda- tions as contained in the Planning and Zoning Board Memorandum Staff Report of November 19, 1990, as modified by the P&Z Board. C I T Y COM MIS S ION DOC U MEN TAT ION * * * REVISED * * * TO: ALISON MacGREGOR-HARTY, CITY CLERK ~ ß~J·~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF DECEMBER 4, 1990 CONSIDERATION OF PROPOSED AMENDMENTS TO THE COUNTY FUTURE LAND USE MAP ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of making a formal recommendation to the Board of County Commissioners regarding proposed amendments to the Future Land Use Map as contained in the County's Comprehensive Plan. BACKGROUND: There are four land use map amendments located within a mile, or so, of the City's planning area which are now in process at the County. There will be a Land Use Advisory Board consideration of these amendments in December with the Board of County Commissioner consideration in late January, 1991. Attached is the P&Z documentation which provides information on each of the requests. Note: The Mayfair Gardens plan amendment request is being processed separately. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at it's special meeting of November 26, 1990, at which time it endorsed the recommendations as contained in the Staff Report with a change that on the Polo Trace PRD a recommendation of approval was made. P&Z Staff Report Proposed Land Use Amendments to the County Comprehensive Plan Page 2 901017/94 TAHERI (FLAVOR PICT) IvIR 5 to CH This request, on 33 acres, is a change from Hedium Residential to Commercial High Intensity. The change will accommodate a development on the scale of 350,000+ sq. ft. shopping center. The request is consistent with that portion of the County Plan which calls for CH to be located at the intersection of major arterial roadways (Military Trail and Flavor Pict) . Other portions of the County Plan call for a balance of residential, commercial, and industrial growth. Recommendation: That the request be denied or deferred until such time as the County Planning Department sets forth area-wide recommendations with respect to the need and appropriate location of new commercial land within the area between Atlantic Avenue and Boynton Beach Boulevard. Also, that consideration be given to incompatibilities which will be created between this site (if redesignated) . and adjacent parcels and the resulting domino effect of increases in intensity upon the ability to have services provided. 901018/94 RHODES (MILITARY TRAIL) MR 5 to CH This request, on 4 acres at the southeast corner of Military Trail and Flavor Pict Road, may well represent the third commercial designation at this intersection. Such commercialization may well be inappropriate at a major intersection whereas either a larger project or a office, or transitional land use, may be more appropriate. Recommendation: That the requested designation of CH is inappropriate and would be incompatible with designations of nearby property which is shown on the City's Comprehensive Plan. RECOMMENDED ACTIONS: By separate motion, provide a recommendation on each of the above items. Attachment: * Justification sheets and location map for each item DJK/#67/PZCOUNTY.TXT PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: NOVEMBER 19, 1990 ~ ~ AGENDA ITEM: . V.E. Proposed Land Use Amendments to the Coun ~ Comprehensive Plan ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Conunission as to the City's position on four proposed Land Use Map Amendments which are to be considered by the County Commission. These items have been forwarded to us, by the County, pursuant to its Intergovernmental Coordination Element, which calls for such dissemination within one mile of the boundaries of a municipality. BACKGROUND: Each item is briefly assessed as it pertains to the City's planning efforts. A short description and a location map for each is attached. 901017/98 POLO TRACE PRD MR 5 to LR 1 This requests results in a reduction of density. The reduction is likely to be picked up elsewhere nearby. This project does not directly impact the City. Recommendation: Make no comment. 901017/103 TAHERI (MILITARY TRAIL) LR 1 to MR 5 This request, on 28.8 acres, brings the property to the same designation as exists for adj acent developed properties. There is no development project at present. Any development will be served by the County Utilities District. The site is not within our Planning and Service Area. The requested designation is consistent with nearby City designations which to the east of Military Trail is Medium Density (5-12) Residential. Recommendation: Find that the request is compatible with adjacent Plan designations within the City. èity Commission Documentation Meeting of December 4, 1990 Consideration of Proposed Amendments to the County Future Land Use Map Page 2 RECOMMENDED ACTION: By motion, direct that the Administration communicate, as the City Commission's position, the recommendations as contained in the Planning and Zoning Board Memorandum Staff Report of November 19, 1990, as modified by the P&Z Board. Attachment: * P&Z Staff Report & Documentation of November 19th DJK!#74!CCCOUNTY , . - ~ ~ . . qOItf1/q't>~ J JUSTIFICATION STATEMENT POLO TRACE PRD The purpose of this Comprehensive Plan amendment application is to reduce the land use designation from MR5 to LRl, to bring Ole existing approved Polo Trace . development into conformance with the Plan and to allow an expansion of the project of about 65 acres. The current project consists of 2 golf courses, a clubhouse facility and 94 dwelling units at an overall density of .28 unit per acre. The revised project will add approximately 65 acrel and 49 dwelling unitl, resulting in an overall density of about .36 units per acre. The net residential density, not counting the golf course and clubhouse facility will be about 1.7 units per acre (residential area equals 85.4 acres). There are several reasons why it would be inappropriate to leave the property in question in the MR5 category. Obviously, the plan should have reflected the . approved density when originally adopted. The project was initially approved prior to the adoption of the Plan and is developing in conformance with that approval. The first golf course has already been completed: and development of the first ,- phase of homes (36 units) being pursued. As mentioned above, the approved density of the project is .28 units per acre. It is necessary to develop to project at an extremely low density in order to be able to accommodate two very important governmental needs for the area. As a condition of approval for the original project, the developer agreed to dedicate sites for the installation of four (4) well sites for the expansion of the regional water treatment plant in Villa Del Ray, just to the east of our site. These wells will each have a capacity of 1 million gallons per day and will have a dramatic impact on ground water levels in the area. It is in the best interest of the County to encourage low density development surrounding the well sites to minimize problems with water tables, irrigation needs and potential for contamination. The developer also agreed to accept IQ water from the new South County Regional Sewer Plant currently under construction adjacent to the north of our project. This water will be used to irrigate the golf courses and possibly the residential landscaping. In order to maximize the use and benefit of the water re-use program, it would be advantageous to encourage as low density as possible in the area, and increase the amount of open space. Further, it is beneficial to encourage low density surrounding regional sewage facilities, to minimize the potential for adverse impacts. , - . . , QOOl1JSOk'Œ'J Page Two The reduction of this property as requested will not have any significant effect on the County's objective of assuring that overall density for the general area south of the sewer plant be somewhere between 3 unití per acre and 5 units per acre, . or the area north of the sewer plant (to Boynton Beach Boulevard) be between 1 and 3 units per acre. Nearly all projects in this area are approved at more than the designated "minimum density". Further, since there is a significant amount of land in the area that has not been granted project approval, and meeting some of the performance standards (especially traffic) is difficult, the reduction of , potential units from our property will assist other developments in being able to meet the standards and generally improve chances that the County's overall chances of accomplishing its quality of life objectives for the area can be accomplished. .- ~ . C10IDI1qßRreJ ¡ . -..- t..·,.. ...... ...... .....".~.......-...... ....... ..... ..... t ~ .. P-88-24 i ..........~................:..... -:.......:........:.... · § ! ~ '9890au: . :::::: ... I : " '. : . : : I I'" I'. II. ". ...:....... I' - ..:........ · .. . .." .. .1... .'oo ..... ,'1. .. '1. .. .1... .... : .t. : '1. I .: = : : : : : : · .... I . C: : . . . ' ,. -.- .. .... g .." .." .. ·'.".t · Ci i; i : :: !:..: .. : · 9 . . : i : : :: ::::::: · ... .... I .. .. .." ............ .r. .. ,TIt.. : ..,. .. ... : ..... It.... 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",o.d .! . ! : : : . ~ :. ..: : : : .... . . :. '. . It. ·S·I"· I:F "'11 .1'1 'I:.. :,t I"· : ft. : .., : ". : ....... ."rII1It~,"',_"-'-":-A--.-. : . ng~ p!l1~. ..u.~ a : : P. :8. F. C. : BL CK '"......~.......~ ~'. .'.': . t'_ ! .; K~: : : Slngle:FamRy R..lden~.I:· C . . . ~.:: þ . . (/ .........., . .' 2-~;7 . . . . .......}...... ..J.....:.'. ryø,....:·I~.:~~·:·· .,RS/SE....:......·. .;...... :AR......·,:~_.. :; · : . : II.....I.~' :. AR: :.....,..: ¡ :., :: ..IS..,,· I : : ....I.tl~iAI:· : :""'111'" :" < : .....r'"., ~ . I : .,'4'tI( ~~'lcul\urtII :,....... : . I :. ....~t'":: · , ... .... ....! ". n. PoèsIO_nUIII'" · ". : ". :. n.··.. "Addit!onal'60'S3 Ac - : : .: . ¡.r , ! . .·''·It' '.. ... . , r . :. ::~. ::;.':::~II : : : ~;::;:I':'" :" I· ~ : : ..:........::.......;..::::.: ".011t :.......::::: :::......::~........ ~ : : .. . .0 ¡ \ :.! ~. ~: r j" L. ~ ·'f' r' . ¡ ~ ~ ~ . ¡ I : '1. : 'f. \ .\ ".. : "I. ~ ....: I.'. : "1. ! ',,,. . ....: ,.,. "..: .t.: '.1. '''.: ....: ... : 'L : ". : A R· , ¡ ~ ¡ R S / S É ~ .'~' : ~ . :A R: .: : j 4 ,..: ,.......... 4" ......... .... ......... ......,.......:. ......... ...~.... .:-.. .........:...... -......:... ·..··..·It'.T'~04··....:....·.....· . · . . . _ . 1I'''T'~3'' 43' :. .' "'''''7IA . . : : . :':; : "'86:IZI" . . \ : : "uone :I',U.O.· ¡ , i . J : IUTq324; :' : : : : : u. . ,.' Ie, .... i t.e.., . 'It. 111.: "1. . .... : "I.. : 'tt. . tit. .... .Slte .Subject Ç>f Comprehensive Plan : : Polo Trace . Amendment and Density Reduction 400 BOO Project Location Map o ~ 18159.06 /:::\ - or '.- Scale: 1"=±800' ... ~ 600 . \ í U~l\J(\ ... ¡; h:' l~ illl\\ JUSTIFICATION Iloj , The petition is requesting é\ land use designation of ~m5 for the purpose of eliminating an inconsistent enclave on the Comprehensive Lend Use Map. The previous owner of the property purchased the site in 1981, believing it to be zoned AR- Agricultural ùnd had in fact grazed cattle on the site in recent ycars. At the time of the adoption of the Plan the current property owner noted that his property received a designation of LR-l wh i I e a 11 of the surrounding property on all sides had designation of MR-5 which is consistent with the intent of plan to promote urban growth in the East part of the County. Upon invest i ga ti ng this incompatibility he found that the property had been rezoned by a previous property owner in 1978 to fiT-Residential Transi tional which allowed for the development of property as one acre lots. When the plan was mapped in 1989 staff assumed that the RT zoning represented existing development intent if not fact and showed the . equivalent land use designation on the Map (L-1). Normally, this property would have lost its zoning by this date due to the lack of any development in 12 years and it would have been rezoned back to AR-Agricultural Residential, its original zoning. However, the "Use It Or Lose It" provision of the Code does not apply to early rezonings which took place prior to the 402.9 Zoning Code amendment. At this time the petitioner is merely requesting ùn appropriate des i gna ti on founded upon consistency wi th surrounding land use patterns. There is no intent to utilize the existing development approval and any new approval would meet the current Comprehensive Plan requirements and performance standards. - .. ..- - , , I f .' ,.'. ,. ff ......:- ." ., --- -- 'aU loa· ct/s' ~ nnr 8 " - I ... 01 - " ... . . N~ 114 . . ., ~ T . r . . ~. . rrr.. ; .' '.. . N ~T'/ I . " ~ I 8,,';' ~.. i . ", ~ ._- .-.... -'~. . <t..o .. .' I- ":": 1:·;:~'·'7. :. ....~ \!:;~ '~l {-I' :..: - . . )";~~~~:;':f~~. ; .~/{;~~~,i:.., ~.'" -'., -, .. . , ~ ,- 1i~h~ìf ..... ...; ':1 ". , '~. ."'.~'. . iA':::'~ :4::=J1.·'¡i ~. ..~lf1:·~ :1~~~1 . :':.. I~' h: ," . ~' 0" V'i:~'; . . ..' ·....i "'~ ~ L. t' .':¡.,..;' . :·:·~·t~· , , , , . 10J ~ Ai .. . :.. : . , ',' . .1 '. . ". "'~T" ,i.~.,.-,I.: · ...... ~ ~ ':;. . ~ '.. \ · "I ....~ ,.J," *- . "'1. - - -- '- . ¡ · .. ." ,;f.(1:t¡;/t'··-:-!!W-"'·~(I. ./i""!" ~""". ~¡... ". ,., :,: . ',··;~\;;.;!¡.~U~:w1~\~, :?: ;/ 0 ~::.'~.:"::':( \ :--. ' :',,;' : 0 .: . ,'·:)'!:.";r , " , , . - " \ 109 :'1 . . ~ :~I \ /(1) '1U/OIO /'1..,.../c;q"1~ í . ry)\ . \ ~.¡... ./'- :D- \5\"" 1G\ðt. JUSTIFICATION The petitioner is requesting the designation of approximately 33.02 acres of property to CH-Commercial on the Comprehensive Land Use Plan. This property is located at the southwest corner ot the intersection ot Hllitary Trail and Flavor Pict Road and is currently zoned and utilized agriculturally. The application is the result of two petitioners although the property is currently owned by one entity. At this time, the petitioner has a contract to se II a one acre net parcel ot property at the northeast corner of the site abutting both . Flavor Pict Road and Hllitary Trail. This site is to be constructed as a neighborhood convenl'ence facility as soon asl appropriate land use amendments and rezoning actions can be undertaken. The site is designated Parcel "A" on attached laaps. The remaining parcel of approximately 32 acres is designated as Parcel "B" and is intended tor use as a community size shopping center at such time that appropriate demand and tenant commitments a I I ow. " Location: The two sites are located at the intersection ot two major arterials and therefore meet the policies of the Plan that Commercial properties be property located on higher classification right-of-ways and not promote strip commercial development. The petitioner has not requested a Commercial designation In the past due to the fact that the alignment ot Flavor Pict Road (the only road between Boynton Beach Boulevard and West Atlantic Avenue to bridge the Turnpike and extend to SR7) had not been determined. During this past year the Board of County Commissioners set the alignment along the property's northern property line and the property owner agreed to assist the County in providing right-of-way. With this new designation, the site became appropriate tor Commercial development and. in f ac t, a Commercial designation. zoning and buildings already exist at the intersection at the northeast corner ot this intersection. Shape: The square parcel can provide tor appropriate design and access t.o the site. Hilitary Trail is now constructed as a six-lane facility and Flavor Pict Road should be constructed westerly to JOI Road in the immediate future. Both roads can be desilned with appropriate turn lanes and median cuts to access this site. I , Additionally. the site abuts a major canal (LWDD L-30 Canal) to the south thereby providing a natural buffer between this property and the property to the south. However. the J CfOIOI8/'+/~ 3 Justification Page 2 \ . property to the south is already utilized for a non- residential use as it is the headqt}arters at the Lake Worth Drainage.District offices and storage yards and is basically industrial in nature. Needs: The Palm Beach County Comprehensive Plan contains specific language in both the Land Use Element and the Economic Element. requiring appropriate designat.ion of Land Uses to provide tor Balanced Economic Growth. The Land Use Element. states in Po I icy 3-f t ha t. , "An annual review of the amount and developabilit.y of Commercial and industrial land sha II be prepared by the Planning, Zoning, and Building Department to ensure an adequate supply of these uses to meet the County's retail, trade and manufact.uring needs as determined by a ratio of commercial land t.o population or industrial land to emplóYlllent. respect.ively". . Po I icy 3-d states t ha t , "Areas designated tor commercial and industrial uses s ha I I be de Ii neated on the Land Use Plan Map consistent with the provisions in t.he Economic and lnt.ergovernment.al Coordination element.s (Int.ergovernment.al Policy 5-b) and the "Implementation" Section of t.he Land Use Element.. The Econolllic Element stated in Policy 5-a: The Count.y's Future Land Use Plan Map s ha I I designate Commercial land to meet the County's retail trade and service needs as determined by the rat.io of Commercial land to population identified in this Element. The petitioner's property Is located within Sub-Area 5.a. of the CH2M Hill Study of 1989 which 1s the basis of the Economic Element. Table 2 of t.he Element indicat.es that there Is 224 acres of Occupied Commercial area in lhis Sub- Area wh il e Table 6 indicates a need for 310 acres for 1990. The proposed 33 acres contained in this request represents only a sma I I portion of the existing shortfall in appropriate land use designation. Currently, the other major commercial intersections are those at Military Trail and Atlantic Avenue which is approximately 2 mIl es to the south and the Publix shopping center at. Woolbright Road (5.1.1. 15t.h Street) and Military TraIl which is approxImately 1.67 mIl es to the north. The placement of a community shopping center at this location w il I reduce t.he impact of commercial orient.ed traffic at these other Intersections while a II owi ng convenient shopping opportunities to the new developments under construction in this ilDmediate area. f /. <II . ~ <-¡O/Olð /9 I-lt!..ol-1.3 Justification Page 3 ; Summaru The proposed land use amendment Is consistent with the Goals and Objectives of the current Plan in that it is . , located at a major intersection which already has received a Commercial designation at the northeast corner. The proposed development wi I I have no effect on the residential cOlllmunities as the immediate land uses currently are either agricultural, commercial or Institutional in nature. ~ , ~ ~. II ~I: II : "'I ¡ . II I ! , II L II Õ.: I Ii ~I : L1i : J 0 ¡ 0 .... .. . eo t- ... II .' . " .' .0 . ... .... .. ,'" I"." .~...... ..... ., .. ...- .....~ t . , 'L: _ . .. '. ., ... ,... ~¿.,. · .._""......... - r-:'" -- IN"· I I .. . ... - . . I . : I I ," I I ,.. ~ I I · b ~ ~ i~..... .. .. .... .. .. ! : · '1 r~AIt.""'~-71 ; bl .' Il 'I ' I~ I H-n~.J:1I'- ~..J : 51 L 0 'I······....·..·.. !» I 1"....."''' =:['"------.,, 1;1 1 . I ~......",.. -1..JI I L - - - -' I , I ..,., . 0 u-......... 0 I,· - - - - AJ ;'t:, ~ ~,-'1J1 - Q_ .Ja ..; Þ : I Ii _I11J-:TJI=S ~ rr:. ~ ----=" I I Po. . I t\ ':.J . UI:.;J1~··u~-~ ,:-~.: - -'" 11 \.1",..1 - "1' ï I ~ ~ ,1~~u:r:..11 1_- - - J II . II Ir---..... .! : : I~ 1ÞIJ\3IL~-I_~ J_L__. -= ;- _-~ II ~ LŒ'""t'r,~:I..r II I: __ ÇS/SE -..151rn'Siï.i1;;";] ~ \00.... "_ ' 'u...l·..·..i: I"~' I ..4--- -lIt I .. -... ...-:..: ':'-":':'-- -- t·· .. -- . . . . .. r 00' .;,0' I· ' "0 f:. :!!~ : .' , . ... u. . '. ' · . . :"".... . ., , o··en '. . .-~o·,.,., - þ ,., , - . ." . . . ..~: . · : ' . . . . . . ..':- . ~. --. " · ." '\. · ,.., '". · "U .:0 ' , .till. ....:.:. .' .., ~.:.~::o '~.~ 3: ( I'·· ... ...' I . ill ;0 0 . . -f . t I .. ~-. .. " , I . - Ø\ ., I ,I -ir'-~ .~. · . ..... . '1 --~ . . J ,,0' " I : ~ ..... . c7010/bj clll/ cern 'P r --- , \'" ~~ , <\2'\\O-/~-_ .J UST I F I CAT I ON The petitioner is requesting { < '\ the designation of approximately 4.03 acres of property to CH-Commercial on the Comprehensive Land Use Plan. This property is located at the southeast corner of the intersection of Military Trail and Flavor Pict Road and is currently zoned AR-Agricultural Residential. This site is to be constructed as a neighborhood facility. Location: The site is located at the intersection of two major arterials and therefore meet the policies of the Plan that Commercial properties be property located on higher classification right-ot-ways and not promote strip commercial development. The petitioner is now requesting a Commercial designation due to the fact that the alignment of Flavor Pic!: Road (the only road between Boynton Beach Boulevard and West Atlantic Avenue to bridge the Turnpike and extend to SR7) has now been determined. During this past year the Board of County Commissioners set the alignment along the property's northern property line and the property owner agrees to assist the County in providing right-of-way. With this new designation, the site became appropriate for Commercial development and, in fact, a Commercial designation, zoning and buildings a I ready exist at the intersection at the northeast corner of this intersection. Shape: The square parcel can provide for appropriate design and access to the site. Military Trail is now constructed as a six-lane facility and Flavor Pict Road should be constructed westerly to Jog Road in the immediate future. Both roads can be designed with appropriate turn lanes and median cuts to access this site. Needs: The Palm Beach County Comprehensive Plan contains specific language in both the Land Use Element and the Economic Element requiring appropriate designation of Land Uses to provide for Balanced Economic Growth. The Land Use Element states in Policy 3-f t ha t, "An annual review of the amount and developability of Commercial and industrial land s ha I I be prepared by the Planning, Zoning, and Building Department to ensure an adequate supply of these uses to meet the County's retail, trade and manufacturing needs as determined by a ra t i 0 of commercial land to population or industrial land to employment respectively". Po Ii cy 3-d states t ha t , "Areas designated for commercial and industrial uses s ha I I be delineated on the Land Use Plan Map C/()þIB/q4/~ Justification Page 2 consist.ent with the provisions in the Economic and Intergovernmental Coordination elements (Intergovernmental Pol icy 5 - b ) and the "Implementation" Section of the Land Use Element. The Economic Element stated in Po'icy 5-a: The County's Future Land Use Plan Map sha 11 designate Commercial land to meet the County's retail trade and service needs as determined ~y the ratio of Commercial land to population identified in this Element. The petitioner's property is located within Sub-Area 5.b. of the CH2M Hi I 1 Study of 1989 which is the basis of the Economic Element. Table 2 of the Element indicates that there is 1,042 acres of Occupied Commercial area in this Sub- Area while Table 6 indicates a need for 1,153 acres for 1990. The proposed 4.03 acres contained in this request represents only a sma 11 portion of the existing shortfall in appropriate land use designation. . Currently, the other major commercial intersections are those at Military Trail and Atlantic Avenue which is approximately 2 mi I es to the south and the Publix shopping center at Woolbright Road (S.W. 15th Street) and Military Tra i I which is approximately 1.67 miles to the north. The placement of a neighborhood shopping center at this location will reduce the impact of commercial oriented traffic at these other intersections while allowing convenient shopping opportunities to the new developments under construction in this immediate area. Summary: The proposed land use amendment is consistent with the Goals and Objectives of the current Plan in that it is located at a major intersection which already has received a Commercial designation at the northeast corner. . , , , .. , , 9f- ..... ...... - lATU... ~o - - -, . .w ~ ~r ~. - ...... \. , I '- ---... . '" " : ,'0 , ~, I : : '.28-224 I , " ......' ,-..... . : ., \ ' ; I ! I Î =- =- _ -= STCj;i"A -11;- - - - - - - - : - ~ ------, ,.-- -- -. : lï--ìf1~r ~ïr...,ï---~ '11.1 : I, II I " 'I I' ': I:' . 'I · '2f-!', . I " I 'I " "~'" : I I' I 'I II I.!!~' ., I I" I. : '\.,....J. L _'L..J' : . .,,'... . 0 ~ I r - .:J~d::- Ar.,'_ - ..., ~ ~ó. o J 0 0 JIll 0 eo : ¡.- -,- ï- , r =: ~ Ù¡f"~'? '=u=' , ''';;'0:-. 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" \ " , , ~ ,. . . Atlas of Palm Beach County AUGUST 1989 ~ 0 L..... M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ¿,~1 SUBJECT: AGENDA ITEM:: CJ B - MEETING OF DECEMBER 4, 1990 CONSIDERATION OF P&Z RECOMMENDATION REGARDING MAYFAIR GARDENS DATE: November 28, 1990 The action requested of the City Commission is that of making a formal recommendation to Palm Beach County with respect to the proposed County Land Use Plan Amendment for Mayfair Gardens. The requested amendment involves a change from and RM5 designation (residential with a maximum of five units per acre) to Ch/8 (high intensity commercial with an alternative residential designation of up to eight units per acre). The subject property consists of approximately 40 acres of land in the northwest corner of the City's Planning Area and is within our annexation area. The most recent proposal is nearly contiguous to the City (one intervening parcel) and may well be developed under the auspices of the City. The Planning and Zoning Board formally reviewed this item at a special meeting held on November 27th and unanimously recommended that circumstances have not changed substantially enough to warrant consideration of such a significant change to the City's Future Land Use Map. In addition, the point was raised that the City's land use designation of RR (at a maximum of one unit per acre) is in conflict with the County's current designation of RM5 (at a minimum density of three units per acre). Therefore, it is also appropriate to file an objection of an intergovernmental incompatibility with the Countywide Planning Council. Recommend that the Commission, by motion, recommend to the County Commission that the proposed land use plan amendment for Mayfair Gardens be denied as being grossly incompatible with existing land use designations as shown on both the County and City Future Land Use Plans. Also, by motion, file an objection with the Palm Beach Countywide Planning Council with respect to an intergovernmental incompatibility between the County designation of RM5 and the City designation of RR for this area. C I T Y COM MIS S ION DOC U MEN TAT ION TO: ALISON MacGREGOR-HARTY, CITY CLERK \ , ì 1 k ~ \ ; , , ,.~."" ,J~- \ ,J "ì c:',C !'- (('--- - FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF DECEMBER 4, 1990 POSITION REGARDING THE PROPOSED MAYFAIR GARDENS COUNTY PLAN AMENDMENT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of making a formal recommendation to Palm Beach County with respect to the proposed plan amendment for Mayfair Gardens. The requested plan amendment is from RM5 to CH/8 (residential at five units per acre to high intensity commercial with an alternative residential density of eight units per acre). The project is proposed on approximately 40 acres of land in the northwest corner of the City's Planning Area. BACKGROUND: Please refer to the attached P&Z Board Memorandum for background. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a special meeting held on November 27th. Following a presentation by the applicant and after consideration of public comment the Board unanimously recommended that circumstances have not changed substantially enough to warrant consideration of such a significant change to the City's Future Land Use Map. Accordingly, it is appropriate for the City Commission to make a formal statement on the development proposal. Also, at the Board's meeting it was pointed out that there exists a conflict between the City's designation of RR (at a maximum of one unit per acre) and the County designation of RM5 (at a minimum density of three units per acre) . Based on this revelation, it would also be appropriate to file an objection of an ii with the Countywide Planning Council. City Commission Documentation Meeting of December 4, 1990 Position Regarding the Proposed Mayfair Gardens County Plan Amendment Page 2 RECOMMENDED ACTION: Two actions: 1st, by motion, recommend to the County Commission that the proposed land use plan amendment for the Mayfair Gardens project be denied as being grossly incompatible with existing land use designations as shown on both the County and City Future Land Use Plans. 2nd, by motion, file an objection with the Palm Beach Countywide Planning Council with respect to an intergovernmental incompatibility between the County designation of RM5 and the City designation of RR for this area. Attachment: * P&Z Staff Report & Documentation of November 26, 1990 DJK/#67/CCMAY.TXT PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: NOVEMBER 26, 1990 ~L- AGENDA ITEM: III A-C MAYFAIR GARDEN ITEM BEFORE THE BOARD: The item before the Board is that of review and comment upon a County Land Use P Ian Amendment for the proposed Mayfair Gardens project. This item is currently before the County's Land Use Advisory Board and, may concurrently be going through a D.R.I. review process. BACKGROUND: The Mayfair Gardens project has been before the County in one form or another since the beginning of the year. The most recellt proposal involves a commercial component on approximately twenty acres of land and a residential component on twenty acres of land. On the commercial component there is a mix with some residential uses. The project was initially viewed at the staff level as a regional shopping center. It was then transformed into a mixed use "town center" project. After review by the County LUAB it has been reduced in scale and is now a multi-use (commercial and residential) project. The specific request before the County is for a change in land use designation from RMs to CH/8 (residential with a maximum of five units per acre to high intensity commercial with an alternative residential designation of up to eight units per acre). The City's Future Land Use Map designates the area as "rural residential". The project site is located within our annexation area. The most recent proposal is almost contiguous to the City (one intervening parcel) and may well be developed under the auspices of the City. During the many reviews, I have presented a position of opposition to a change in the County's Plan based upon the inconsistency with the City's Plan. The basis of the designation on the City's Plan stems from public testimony presented at the time of its transmittal hearing to D.C.A. When asked what would need to be done to obtain support for the project, I stated that a demonstration of a change in circumstances with respect to surrounding land use and the desires of property owners within the area bounded by the L-30 Canal on the north, Barwick Road on the east, County Manor on the south, and Military Trail on the west was necessary for the City to first consider a Plan Amendment. If reconsideration appeared warranted, then the specific matter of type and intensity of land use would be addressed. The time has now come where it is appropriate for the City Commission to make a formal statement as to the Mayfair Gardens project and the surrounding land use. As it's advisory body on land use items, the Planning and Zoning Board has the item before it for review and comment. Two part presentation: The first presentation will focus upon the merits of the proposed Mayfair Gardens project. The second will focus upon land use changes in the impacted area. Board Focus: The focus of the Board should be directed to whether or not we (the City) should consider (initiate) an amendment to our Future Land Use Plan to accommodate the proposed Mayfair Gardens project and its area of impact. Alternative Recommendations: The following offers Board Members some direction as to the týþe of recommendation they may pursue: l. Recommend that circumstances have not changed substantially enough to warrant consideration of such a significant change to the City's Future Land Use Map. (Such a position would lead to continued opposition to the project which is before the County) 2. Recommend that, due to a change in circumstances, the City should initiate a substantial amendment to its Future Land Use Map and that it be included in Amendment 91-1. With this option the Board may want to provide further direction e.g. (A) The amendment to consider the Mayfair Gardens essentially as presented this evening; or (B) The amendment to consider a scaled down version of the multi-use project. 3. Recommend that there has been a change in circumstance but that it does not warrant a change in Land Use designations above that which exists to the east, west, and south 1. e. residential only; and that an Amendment should be included in 91-l. Attachment: * reduction of the most recent site (concept) plan DJK/#74/MAYFAIR.TXT - 2 - . - , , ~ , DIe Dl ~~[bßlF ~~li' lF~~ß{L [J DIce t:: l- I I , I I I I I I I :0 I , 1 Ñ!:I I ._1 ...~¡ :0 r" I :'iI ~{ 'l~l ;~I ¡ I I A I I I I ~ I I · I I I n I I I I · Is I I . , . I · ~ I · '! , .... - I I I . '. .". >f· · I r I i . , · I ::u I 1 ~ I it -"0'" _Clt~~ .. I ? ao~c Òt · I · I ? I c: rot'" .. I I C7"'0..r""% ft . . 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I r- 8 ( 3 1 P G 3 8 B 39 ~ , ---' , _ _ __. _ J. --_. .------ --- ---'\ f....-.r; -- -....1' ,..... .,,_-___ ~ --- - " ~ ---- - ,- I ' I I r i · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM 4/: 'iC - MEETING OF DECEMBER 4, 1990 SITE PLAN EXTENSION - THE GROVES DATE: November 28, 1990 The action requested of the City Commission is that of approval of an extension to the previous ly approved site plan for The Groves. There exists, at present, site plan approval for a 144 unit townhouse development. Approval was granted on July 25, 1989 and expires on January 25, 1991. The Planning and Zoning Board formally reviewed this item at its meeting of November 19, 1990, and forwarded it with a recommenda- tion that a twelve month extension, from the date of expiration, be granted. The Board was swayed more by past practice in accommodating previous ly approved projects which had extensions filed prior to October 1st rather than the merits of the petition. The vote was 3-1, with one absence and two abstentions. It should be noted that the Commission, at their November 13, 1990 meeting, denied a request for a major site plan modifica- tion to The Groves which basically would have changed the character of the development from a 144 unit multiple family townhome development to a 144 unit two-story rental development. It is now anticipated that another modification request will soon be forthcoming. The owner wishes to proceed in this manner rather than as a new project to avoid a potential problem with vesting in terms of traffic performance. As a modification, the project can rely upon the previous approval. As a new project, it would be subject to traffic performance concurrency under the interim County ordinance, although that ordinance may soon be superseded by a new ordinance which exempts residential projects east of I-95. Should a new modification request be filed, it will have to comply with the standards and processes contained in the LDRs which became effective October 1, 1990. Recommend the Commission grant an extension to the previously approved site plan for The Groves with the new expiration date to be January 25, 1992. C I T Y COMMISSION DOC U MEN TAT I 0 Nn TO: CITY CLERK j~~ FROM: AVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF DECEMBER 4, 1990 SITE PLAN EXTENSION, THE GROVES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an extension to the previously approved site plan for The Groves. The action is being taken under the pre-LDR development regulations i.e. Chapter 173 of the Zoning Code. BACKGROUND: There exists, at present, site plan approval for a 144 unit townhouse development for The Groves. Approval was granted by the City Commission on July 25, 198 9 . It will expire on January 25, 1991, unless an extension is granted. A request for an extension was received prior to October 1, 1990. It had not yet been acted upon due to some confusion associated with a recent modification proposal. It is anticipated that another modification request will soon be filed. The owner wishes to proceed through the modification process rather than as a new project due to a potential problem with vesting in terms of traffic performance. As a modification, the project can rely upon the previous approval. As a new project, it is subject to traffic performance concurrency under the interim County ordinance. However, that ordinance is soon to be superceeded by a new ordinance which exempts residential projects east of 1-95. There is a possibility that the new ordinance will be held up in its effective date due to Plan compliance matters. To avoid a potential problem, the owner is seeking this more clear path. Other aspects of processing which are affected include fees. As a new project the land use processing fee would be approximately $1,300; whereas, a modification has a flat $500 fee. City Commission Documentation Site Plan Extension, The Groves Page 2 Since the modification is being submitted post October 1, 1990, it must comply with the current (LOR) standards and processes. Action on the site plan modification will be by the Site Plan Review and Appearance Board. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board formally reviewed this item at its meeting of November 19, 1990, and forwarded it with a recommendation that a twelve month extension, from its expiration date, be granted. Board Members discussed the basis for granting extensions and was swayed more by past practice in accommodating previously approved projects which had extensions filed prior to October 1st rather than the merits of the petition. 3-1 vote with one absence and two abstentions. RECOMMENDED ACTION: By motion, grant an extension to the previously approved site plan for The Groves with the new expiration date to be January 25, 1992. Note: There can be no further extensions of the previously approved site plan. Attachment: * P&Z Staff Report & Documentation of November 19, 1990 DJK#74/CCWINN.TXT ILHI\Jj\J 1 NG B ZONING BOARD CI T'( OF OELRAY BEACH --- STAFF REPORT --- MEETING o=1TE : N:nv~mh~T 19. 1990 AGENDA ITEM: IV.A. ITEM: Extension of Approval for Previously Approved Site and Develop~ent Plan for The Groves. ~. "RK 821 . .' " 3ENERAL DATA: Owner...........................Roger Boos and Glen Haggerty Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Sallie as above Location........................South of Southwest 11th Street between Southwest 8th Avenue and Southwest.10th Avenue Property Size...................12.09 Acres ~ City Land Use Plan..............Residentlal Medium Density 5-12 Units/Acre City Zoning.....................RH (Medlu. High to HIgh Density) in part and RM-1S (Multiple Family Dwelling District) in part Adjacent Zoning......... .-...... .North, East, and South of the Subject property are zoned R-IA (Single Faa1ly Dwelling Dlstrict) . West is CF (Community Facilities), SC (Specialized Commercial), and R-lA. Existing Land U8e...............Vacant land and nursury proposed Land U8e...............Multlpl. faa1ly rental units Water Service...................To be provided by extentlon of 10" water lIðin along east sId. of Germantown Road, and extentlon of 6" main along portion of Southwest 10th Avenue. Sewer Servlce...................To be provided by an on-sIte ITEM: IV.A. gravity system which will empty into a lift station located on the rroperty In the proxImity of .... . Stre.t. ITEM BEFORE THE BOARD: . The action before the Board is that of making a recommendation to the City Commission to grant an extension to the previously approved site plan for the Groves of Delray. BACKGROUND: At its meeting of October 15, 1990, the Planning and Zoning Board recommended denial for a major modification to the previously approved site plan upon failure to make a positive finding for Standard J (compatibility) pursuant to Section 173.867 "Standards for Evaluating Site and Development Plan Applications". Since denial was put forth, the Board did not act upon the request for an extension to the previously approved Site and Development Plan. The approved site plan was for 144 townhouse units, which were proposed as fee simple ownership. The City Commission approved the site plan on July 25, 19 89 which is valid - for 18 months. The development period will expire on January 25, 1991- The site plan meets Code under the new LDR's, however there were numerous conditions placed upon the approval which will need to be resolved prior to this project moving forward. The conditions are as follows: 1- That the eighteen technical comments under the under the staff report to be reflected in a revised site plan submittal to be provided with the preliminary plat submittal. 2. Modifications of the lift station be upgraded. 3. Subject to the construction of s.w. 10th Avenue to City Standards from the development entry south to Linton Boulevard. Improvements are to include a three lane section at the Linton Boulevard - s.w. 10th Avenue intersection. 4. Provide an escrow account to cover the cost for sod and irrigation to edge of pavement for s.w. 10th Avenue, s. w. 11th Street, Strickland Road, and s.w. 8th Avenue. s. Subject to plating as required per Section 173.073. 6. Provide a revised traffic study based on the new layout. 7. Provide all parking spaces in paving. P&Z Staff Report The Groves of Delray Page 2 . The applicant had requested that an 18 month extension be granted prior to October 1st and is now before the Board for a final recommendation. RECOMMENDED ACTION: Boards Discretion . REF:'4/A:GROVES7.TXT :;. S. ¿.}. . I . - . 1~ ! '" .- '" ~ ); \) ~ I ¡¡I \,;;. 1.... 1) ,e ~ C ,tc), tCo' ,"", 1~().4"" , '^ . ~, ¡ , ! ~¡ . ~ I' ~ ¡: ~ : ~:': t' ~ ~f '\ ~ ! .. . : :a . t .' ~ ~ , ... l ~ ... Î' ... ~ I , N u " '~ ' . I ~... t~ ~ ì Srr4' J1I1Ñ I 4ÆOt'es ()F ueLb'Ý ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fJ!:1 SUBJECT: AGENDA ITEM 11 Gt it MEETING OF DECEMBER 4, 1990 TENT APPROVAL REQUEST/EMMANUEL CATHOLIC CHURCH The item before the Commission is a request from Emmanuel Catholic Church to erect a tent on the church grounds at 15700 South Military Trail as part of their Outdoor Bazaar which is scheduled to be held on January 25 through January 27, 1991. Pursuant to Section 2.4.6(H) of the LDR's, Commission approval is required to erect a tent before a permit can be issued by the Building Official. The erection of this tent is permitted since the purpose is to protect the public from the elements during public assembly according to Section 2.4.6(3)(a). In addition to approval of the tent permit, Emmanuel Catholic Church is also seeking permission to serve beer on the grounds for the Bazaar Customers. Section 113.02(A) of the City's Codes imposes limitations on the consumption of alcoholic beverages outside the building; however, Section 113.02(B) provides for a waiver of the limitations in that any person may request that the City Manager waive the applicability of subsection(A) for certain public functions or affairs. This item will be handled separately via the City Manager. Recommend approval of the erection of the temporary tent for Emmanuel Catholic Church from January 25 through January 27, 1991, on the Church property as specified on the site plan. · , Agenda I tern No. : AGENDA REQUEST Date: 11/28/90 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 12/4/90 Description of agenda item (who, what, where, how much): Emmanuel Catholic Church Requesting approval to erect a tent at 15700 S. Military Trail as part of their Outdoor Bazaar. Requesting permission to serve beer on the site for the Bazaar customers, ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO Recommendation: ¥PS Department Head Signature, ~~ ~ ( · ~./ 7 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: 1Jj)/ NO pJl Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved November 28, 1990 MEMORANDUM TO: DAVID HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~ FROM: RE: TENT APPROVAL REQUEST/EMMANUEL CATHOLIC CHURCH OUTDOOR BAZAAR - JANUARY 25, 26 & 27, 1991 ITEM BEFORE THE COMMISSION - - Request from the Emmanuel Catholic Church to erect a tent on their church grounds, at 15700 S. Military Trail, as part of their Outdoor Bazaar which is scheduled to be held on January 25th through the 27th, 1991. They are also seeking permission to serve beer on the site for the Bazaar customers. BACKGROUND: Section 2.4.6 (H) of the approved LDR's provides for City Commission approval to erect a tent prior to a permit being issued by the Building Official. The erection of this tent is permitted since the purpose is to protect the public from the elements during public assemble according to Section 2.4.6 (3) (a) . Section 113.02 of the Ci ty' s Code of Ordinance states that no alcoholic beverages shall be consumed on the sidewalks, on the public beach, in public parks, in motor vehicles or trailers, or on business property outside the building unless seated at permanent tables provided by the business. There is no method of permitting such request under our code. RECOMMENDATION: The Department of Community Improvement recommends approval of the erection of the temporary tent for the Emmanuel Catholic Church from January 25th through the 27th, 1991 on the Church property as specified on the site plan. The Commission is requested to consider the request to make beer available on the premises for this event. B:Tent.ECC/LG5 .. EMMANUEL CATHOLIC CHURCH 15700 SOUTH MILITARY TRAIL - DELRA Y BEACH, FLORIDA 33484 ~~-æ Telephone (407) 496-2480 November 7, 1990 Lula Butler Director of Community Improvement 100 N.W. First Ave. Delray Beach, FL 33444 SUBJECT: Church Bazaar Permit Dear Ms Butler: I am writing to obtain a City of Delray Beach permit for a Bazaar at EMMANUEL CATHOLIC CHURCH on January 25, 26, 27, 1991. The Bazaar will be held outdoors on church property within a frame-type tent measuring 50' x 100' which will be erected for that purpose. The Pastor's authorization has been obtained. (see attached letter of permission.) Attached also is a scaled diagram of the church property with the areas for parking and for bazaar activities so marked. On Friday, January 25th, the bazaar is scheduled to run from 5:00 P. M. to 10:00 P.M.; on Saturday, from 9:00 A.M. to 10:00 P.M. and on Sunday from 1:00 P.M. to 5:00 P.M. We are planning to seek a permit to have beer available. Electrical power for booth lighting will be set up by a Licensed Electrical Contractor. A commercial dumpster will be provided as will portable toilets. Parking attendants will be on duty. There will be no carnival rides. An early response from you will be deeply appreciated. ~~ k~ oseph Konst Emmanuel Church Bazaar Committee "God Is With Us" · ~~ EMMANUEL CATHOLIC CHURCH 15700 SOUTH MILITARY TRAIL - DELRA Y BEACH, FLORIDA 33484 ~~er: Telephone (407) 496-2480 November 7, 1990 Lula Butler Director of Community Improvement 100 N.W. First Ave. Delray Beach, FL 33444 Dear Ms Butler: As Pastor of Emmanuel Catholic Church I give permission for the planned outdoor bazaar to be held on church property on January 25, 26, 27, 1991. I further authorize Mr. Joseph Konst of Delray Beach to obtain the necessary permit from the City of Delray Beach. Sincerely, œœ Rev. Raym nd P. Hubert Pastor iECE\VED - ,1 \ NOV 1...2"E',gQr -"",] "God Is With Us" M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 9~ - MEETING OF DECEMBER 4, 1990 S.D. SPADY ELEMENTARY SCHOOL FUNDING REQUEST DATE: November 30, 1990 The item before the Commission is a request from S.D. Spady Elementary School for funding in the amount of $1,000.00 to assist with the cost of the annual Fifth Grade Patrol trip to Washington, D.C., in March of 1991. The cost of the trip this year is $355.00 per student. There are deserving students who will not be able to participate due to the cost being prohibitive. The Budget Division has advised that funding is available from either of the following two accounts: - City Commission Special Events Acct. #001-1111-511- 33.81; uncommitted balance of $2,500.00 available for Commission decision items; or - General Fund Contingency Acct. #001-6511-581-90.11; available balance of $10,000.00. This type of request has historically received favorable consideration from the Commission. Recommend consideration of the request from S.D. Spady Elementary School for funding in the amount of $1,000.00 for the annual Fifth Grade Patrol trip to Washington, D.C. / 714 ~~çA- S.D. SPADY ELEMENTARY SCHOOL 330 N.W. 8th Avenue Delray Beach, Florida 33444 Telephones 243-1558.243-1559 Mavis K. Allred Principal November 20, 1990 It i:, Cli'l ÌI NOV Ii ]) 27 ~~ Mr. David Harden Clly rg90 Delray Beach City Manager MANAGER'S 100 N. W. 1st Avenue OFFICE Delray Beach, Florida 33444 Dear Mr. Harden: It's time once again for patrols to turn in their money for the annual trip to Washington, D. C.. The cost of the trip this year is $355.00 per student. As you are aware, it is impossible for many of our patrol's parents to raise that much money. It is unfortunate that many of the most deserving have to stay behind because of the lack of funds. As in the past, we are requesting that the City support us in trying to give as many youngsters as possible this wonderful opportunity to visit our nation's capitol. Your gift to our patrols last year was $1,000.00. We would be very grateful for the same contribution this year. The deadline for submitting the money is December 19th. Thank you for your consideration. Sincerely yours, JJ1~J:.~ Mavis K. Allred, Principal MKA/rlk I i ~ -:JL~ ;J. 7 J }qc¡Ó ~ ~ -~ ~~<K:ffý~ (þr¿~ t3.¡h¿ ~ %. ~iÝ~C¡ ~~~ ~ 1 .,Ll ~ .Ø-/L.e --fó~ .a ~lØ~~' '~ ~ ~ -fh¿ êd:q?f ~i3Md ~ ~~~~ ' ~ ~ U/~ ~ --h~Jrq-bn ;()J3 ~/JV ~- J¿¿ ~.~~~.h?do ~ß,Ø3S5'Oð tL/~~~ ~ ~tL/M~ ~pji!~~'oeu¡ ~ ~ ~ Q/nd clJkp2e t¡ZJz:,6 tLLLLf ~1IzJA~a~~~ ~ ()l¿ rJe/zq~ ~ßw¿' M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 9F - MEETING OF DECEMBER 4, 1990 SERVICE AUTHORIZATION NO. 5 - CH2M HILL DATE: November 29, 1990 The Commission is to consider approving Service Authorization No. S to CH2M Hill Agreement dated July 11, 1990. This authorization is to provide design and construction services for the conversion of the Water Treatment Plant to lime softening. The contract amount is $999,000.00, with funding to come from the 1990 $8 million Line of Credit ( Accoun t No. 444-5164-536-33.11) to be repaid by proposed 1991 Bond Issue (Account No. 447-5164-536-33.11). Recommend the Commission approve Service Authorization No. 5 to CH2M Hill Agreement in the amount of $999,000.00 tf- - . " . . ... Agenda It.. No.: AGBIIDA 1tBQUBS'l' Date: 11/28/9Q Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: 12/4/90 Description of agenda item (whol what I where, how much): Request City Commission to approve service authorization No. 5 to CH?M Hill Agreement dated ,TIlly] 1. 1990. Authorization is to provide design and construction services for rnø ~nnvprsion of the water treatment plant to lime softening. Contract amount iC! $ 9QQtn()(). Fl1ncHn2" Source: 1990- $ 8 Million Line of Credit 444-5164-536-33.11 t8 be ~id b~rotosed 1991 Bond Issue 447-5164-536-33.11. RDI E/ SO UTIOR REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends City Commission approval in the amount of $ 999,000 to CH2M Hill. See attached back-up. ~ Department Head Siqnature: ~~~ /~ Deteraination of Consistency with Co~rebensive Plan: ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (requJxed on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: See Description. Account Balance: City Manager Review: Approved for agenda: ~NO tJ?1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . . . CH2M-HILL COST PROPOSAL FOR WATER TREATMENT PLANT CONVERSION TO HIGH LIME SOFTENING CITY CH2-HILL ESTIMATED INITIAL VALVE OF COMPROMISE DESCRIPTION PROPOSAL WORK AGREEMENT Basic Services $ 1,453,157 $ 852,500 $ 933,000 Permitting included 16,100 16,000 Value Engineering and Misc. Eng. Services 50,000 50,000 50,000 TOTAL FEE $ 1,503,157 $ 918,600 $ 999,000 Conclusion: Three Months of negotiation by the Environmental Services Department has resulted in a net contact reduction and savings to the City of $ 504,157.00 . . DEPARTMENT OF ENVIRONMENTAL SERVICES M E M 0 RAN DUM TO: WILLIAM H. GREENWOOD DIRECTOR OF ENVIRONMENTAL SERVICES FROM: MARK A. GABRIEL, P.E.~9I ASST. DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER DATE: NOVEMBER 21, 1990 SUBJECT: WATER TREATMENT PLANT UPGRADING - CONSULTANT MANAGEMENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Brown and Caldwell (B & C) has prepared a construction cost estimate for the proposed water treatment upgrading. They estimated the cost of the work at $ 5.47 million vs my $ 5.3 million (-3.2%) vs CH:zM Hill $ 6.2 million (+ 13.3%) . B & C also indicated that as a percentage of construction 9-10% for design was average and the 6% was reasonable for services during construction. These values are identical to those I have been using. I propose to offer CH:zM Hill 9.5% for design and 6.0% for construction based on B & C Construction cost estimate. In summary the numbers look like this: CH:zM-HILL CITY DESCRIPTION PROPOSAL PROPOSAL DIFFERENCE Est. Const. Cost $ 6.2 Mil $ 5.5 Mil $ 0.7 Mil Engineering Fee $ 614,800 $ 522,500 $ 92,300 Cost Services 400,900 330,000 70,900 TOTAL $ 1,015,700 $ 852,500 $ 163,200 MAG:kt cc: File: MGENWTR · CH2M HILL SERVICE AUTHORIZATION 5 DATE: November 26, 1990 PAGE 1 OF 12 - - SERVICE AUTHORIZATION UNDER THE AGREEMENT TO FURNISH PROFESSIONAL SERVICES DATED JULY 11,1990 BE1WEEN THE CI1Y OF DELRA Y BEACH, FLORIDA, AND CH2M HILL SOUTHEAST, INC. TITLE: WATER TREATMENT PLANT CONVERSION TO LIME SOFTENING DESIGN CATEGORY OF WORK: GENERAL: This SERVICE AUTHORIZATION shall modify the professional services agreement referenced above and shall become part of that AGREEMENT as if written there in full. The purpose of this SERVICE AUTHORIZATION is to establish scope and compensation provisions and authorize the CONSULTANT to proceed with certain design and construction phase engineering and related services as described herein. This SERVICE AUTHORIZATION represents the second phase of the conversion of the CITY'S existing water treatment plant from a conventional clarification process to a softening process. The scope of this SERVICE AUTHORIZATION is based on the preliminary results of the CONCEPTUAL DESIGN STUDY which recommends the conversion to the high lime softening process, lime solids treatment system and miscellaneous structures. The scope of this SERVICE AUTHORIZATION includes, but is not limited to, preparation of specifications, contract drawings, permit appli- cations, assistance during bidding, cost opinion for the above referenced additions and improvements, services during construction, and resident observation. A complete and operational facility will be designed in accordance with the Scope of Facilities Design in Attachment A. A single set of contract documents will be prepared for receiving competitive bids. A tentative drawing count for the project is 133 sheets. dbp0191191.51 CH2M HILL SERVICE AUTHORIZATION 5 DATE: November 26,1990 PAGE 2 OF 12 - - I. SERVICES TO BE PROVIDED BY THE CONSULTANT A. DESCRIPTION OF WORK TASKS Consultant will provide specific services to the CITY in accordance with the following Task descriptions. Task I--Preliminary Design Services CONSULTANT will prepare and submit three (3) copies of a preliminary design submittal for the CITY'S review. The submittal shall include the following based on the scope of facilities design in Attachment A. · Technical Memorandum to include design criteria, major equipment sizing, and control concepts · Preliminary drawings as sketches to include site plan, process and instrumentation diagrams, building layouts, and a budget level opinion of cost. Drawings shall be half size printed on 11 x 17 paper. · Ten calendar days after the CITY receives the submittal, a review meeting will be conducted with the CITY staff to receive comments on the preliminary design. A final pre- liminary design submittal will not be prepared; rather, appropriate review comments will be incorporated directly into the final design documents. Task 2--Final Design Services CONSULTANT will prepare final design drawings, specifications, and contract documents, including proposal forms, general and supple- mentary conditions, and bond forms as customarily made available for bidding and construction on these types of projects as based on preliminary drawing list in Attachment B. dbp0191191.51 .' CH2M HILL SERVICE AUTHORIZATION 5 DATE: November 26,1990 PAGE 3 ' OF 12 - · Prepare the WTP design drawings using computer-aided design (CAD) equipment and techniques. · Attend two (2) coordination, consultation, and review meetings with the CITY'S staff to present work completed at the 30-percent and SO-percent complete stage to obtain the CITY'S input. · Submit three (3) half size sets (11 x 17) of 30- and SO-percent complete construction contract documents, including drawings, specifications, and updated opinion of probable cost to the CITY for review. The 30-percent complete documents may include master specifications. · Seven calendar days after the CITY receives the above- referenced design documents, a review meeting will be conducted with the CITY staff to receive comments and finalize the documents. · At the completion of final design, update the budget-level opinion of construction cost based on the completed construction drawings and specifications. In providing opinions of cost and schedules for the PROJEcr, the CONSULTANT has no control over cost or price of labor and mate- rials; unknown or latent condition of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materi- ally affect the ultimate project cost or schedule. Therefore, the CONSULTANT makes no warranty that the CITY'S actual project costs or schedules will not vary from the CONSULTANTS opinions, analyses, projections, or estimates. dbp019/191.51 " CH2M HILL SERVICE AUTHORIZATION 5 DATE: November 26, 1990 PAGE 4 OF 12 - - Task 3--Geotechnical Investigation and Report CONSULTANT will furnish personnel and equipment required to perform test borings, subsurface explorations, and other investigations and analyses necessary for determining probable foundation and/or construction conditions and design criteria for the contemplated facili- ties. The results of the subsurface exploration and analysis with recommendations will be incorporated in an Internal Design Memoran- dum. For the purpose of budgeting, the scope includes nine (9) borings approximately 30 feet deep at the WTP site. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observa- tions, explorations, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unantici- pated underground conditions may occur which could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the CONSULTANT. Task 4--Survey and Mapping CONSULTANT will furnish survey and mapping personnel and equipment required to obtain field information at the WTP site necessary to prepare drawings and specifications. Task 5--Assistance During Bidding CITY will utilize standard procurement procedures for the formal advertising and receipt of bids. CONSULTANT will furnish six (6) sets of contract documents at half size (11 x 17 inch) for the CITY'S use and one signed and sealed set of contract documents at full size. CONSULTANT will provide document mailing and pre-bid services, such as preparation of advertisements for publication by the CITY, distribution of planholder lists, issuing of addenda, answering technical dbp019/191.51 CH2M HILL SERVICE AUTHORIZATION 5 DATE: November 26, 1990 PAGE 5 OF 12 - questions during the bidding period, attending the prebid conference and the bid opening, evaluating bids, and making a recommendation for award. CONSULTANT will prepare ten (10) copies of conformed contract documents for execution by Contractor and review executed Contract Documents and bonds before forwarding to the CITY for execution. Task 6.-Services During Construction CONSULTANT will conduct a preconstruction conference including the CITY, Contractor, Contractor's subcontractors, and regulatory agencies. CONSULTANT will provide technical interpretations of the drawings, specifications, and Contract Documents, and evaluate requested deviations from the approved design or specifications. CONSULTANT will conduct a monthly progress meeting with the Construction Contractor's(s) representatives and the CITY to assist in implementing the construction process. CONSULTANT will act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work there- under and make decisions on all claims of CITY and Contractor( s) relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. CONSULTANT shall not be liable for the results of any such interpretations or decisions rendered in good faith. CONSULTANT will assist in negotiating with the Contractor the scope and cost of any necessary contract change orders. Prepare such change orders as may be required and submit them to the CITY for approval. Two change orders, which are the result of unknown conditions or change in scope, are assumed. CONSULTANT will make periodic visits to the site of the PROJECT to observe the progress and quality of the work and to determine, in dbp0191191.51 CH2M HILL SERVICE AUTHORIZATION 5 DATE: November 26, 1990 PAGE 6 OF 12 - - general, if the work is proceeding in accordance with the intent of the Contract Documents. The presence or duties of the CONSULTANT'S personnel at a construction site, whether as onsite representatives or otherwise, do not make the CONSULTANT or its personnel in any way responsible for those duties that belong to the CITY and/or the construction con- tractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, tech- niques, sequences, and procedures necessary for coordinating and com- pleting all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The CONSULTANT and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor or other entity or any other persons at the site except CONSULTANT'S own personnel. CONSULTANT will report to CITY any jobsite hazards posing risk of serious injury or death that CONSULTANT actually observes in the course of its duties under this work authorization. CONSULTANT will review shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, and other data which the Contractor is required to submit. These shall be reviewed for general conformance with the design concept of the PROJECT and general compliance with the information given in the Contract Documents. Such review is not intended as an approval of the submittals if they deviate from the Contract Documents or contain errors, omissions, and inconsistencies, nor is it intended to relieve the Contractor of his full responsibility for Contract performance, nor is the review intended to ensure or guarantee lack of inconsistencies, errors, and/or omissions between the submittals and the Contract requirements. CONSULTANT will coordinate the work of inspection bureaus and laboratories in the observation and tests of materials used in the dbp019n91.51 CH2M HILL SERVICE AUTHORIZATION 5 DATE: November 26, 1990 PAGE 7 OF 12 - - construction; receive and evaluate reports by such laboratories or bureaus. CONSULTANT will supervise the work of the CONSULTANT'S onsite representative personnel and other field personnel of the CONSULTANT. Process and furnish to the CITY such observer's reports as may be required. CONSULTANT will review, recommend modifications as appropriate, and recommend to the CITY for payment the monthly payment requests of the Contractor. By recommending any such payment, ENGINEER will not thereby be deemed to have represented that title to any work, materials, or equipment has passed to OWNER free and clear of any liens. ENGINEER will make a final review of the construction to determine, in general, if the work has been completed in conformance with the intent of the contract documents. Assist in negotiating final payment for construction and submit a final letter report upon which final settle- ment and termination of the Construction Contract(s) can be based. The CITY and appropriate regulatory agencies may furnish a represen- tative to jointly make the final observation of the construction. Document proceedings of all final settlement negotiations and record basis for final payment. CONSULTANT will revise original drawings and submit to the CITY and regulatory agencies upon completion of the work, one (1) Mylar set to the CITY and two (2) blueprints to the regulatory agency showing record information of the work. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others and reviewed by CONSULTANT. Such information may not always repre- sent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. CONSULTANT is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. dbp0191191.51 CH2M HILL SERVICE AUTHORIZATION 5 DATE: November 26,1990 PAGE 8 OF 12 - - Task '--Resident Observation Services CONSULTANT will furnish onsite representative personnel to assist the CITY in the CITY'S relations with the Construction Contractor(s); to provide on-the-job, day-to-day observation of the work as defined herein; to prepare weekly progress reports on the work; and to recommend the amounts of payments due the Contractor( s), as set forth in the construction contract( s). The presence or duties of the CONSULTANT's personnel at the construction site, whether as on site representatives or otherwise, do not make the CONSULTANT or its personnel in any way responsible for those duties that belong to the CITY and/or the construction con- tractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties and responsibility, including, but not limited to, all construction methods, means, tech- niques, sequences and procedures necessary for coordinating and com- pleting all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The CONSULTANT and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or their employees in connection with their work or any health or safety pre- cautions and have no duty for inspection, noting, observing, correcting or reporting on health or safety deficiencies of the construction contractor or other entity or any other persons at the site except CONSULTANT's own personnel. CONSULTANT will report to CITY any jobsite hazards posing risk of serious injury or death that CONSULTANT actually observes in the course of its duties under this work authorization. Task 8--Permitting CONSULTANT will assist with up to 25 person days of effort in obtaining necessary permits for construction by: . Preparing permit applications for water treatment plant expansion and submitting to Florida Department of dbp019/191.51 CH2M HILL SERVICE AUTHORIZATION 5 DATE: November 26,1990 PAGE 9 OF 12 - Environmental Regulation through Palm Beach County Health Department for approval and South Florida Water Management District for stormwater management permit. · Responding to review questions from reviewing agencies. · Meeting with reviewing agencies to discuss review comments (up to four such meetings are assumed). Task 9--Supplementary Services Provide supplementary services relating to the water treatment plant conversion to lime softening. These supplementary services may be required as a result of information discovered during survey, soils, investigations, field verification of existing facilities and conditions. Additional services may also be required by the CITY, such as an artist's rendering of the WTP, permitting assistance beyond that speci- fied herein, value engineering support, preparation of an operation and maintenance manual, startup services, and filter performance and capacity rating. Services performed under this task will be on an as- directed basis up to the compensation allowance specified for this task under Section II, Compensation, in accordance with a written Notice to Proceed from the City Manager. Each Notice to Proceed issued shall contain the following information and requirements. · A description of the work to be undertaken · A budget establishing the amount of the fee to be paid in accordance with Article VII.A.2 of the Agreement · A time established for completion of the work B. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule or scope of work, CONSULTANT will advise the CITY in writing of the magnitude of the required adjustments. Changes in dbp019/191.51 CH2M HILL SERVICE AUTHORIZATION 5 DATE: November 26, 1990 PAGE 10 OF 12 - - completion schedule or compensation to the CONSULTANT will be as negotiated with the CITY. 1. The scope of work is based upon results of a conceptual study of WfP conversion to lime softening. 2. CITY will provide to CONSULTANT record drawings of all existing facilities which shall serve as the basis for modifications included in this project. CONSULTANT shall verify the general configuration of above ground structures, valves, piping, and facilities prior to starting design. CITY shall provide all mate- rials and labor necessary to uncover any underground facilities for CONSULTANT's verification as the CONSULTANT may deem necessary. 3. CITY will be responsible for acquisition, and legal description of easements or property required for facilities. 4. CONSULTANT has included the services to attend one (1) meeting with the CITY horticulturist and attend two (2) meetings with the CITY's Community Appearance Board. 5. Services During Construction and Resident Observation budgets have been based on a 52-week 40 hours per week construction period. Any overtime due to the contractor for resident obser- vation in excess of 40 hours per week or for review of shop drawings greater than the original submittal plus one resubmittal will be specified as payable to the CITY on a monthly basis by the construction contractor and reimbursed monthly by the CITY to the CONSULTANT. II. COMPENSATION Compensation for professional consulting engineering services as described under design phase services is estimated as follows. dbp0191191.51 CH2M HILL SERVICE AUTHORIZATION 5 DATE: November 26, 1990 PAGE 11 OF 12 - - Task I--Preliminary Design Phase $ 57,700 Task 2--Final Design Phase Services 519,300 Task 3--Geophysical Investigation and Report 15,000 Task 4--Survey and Mapping 14,400 Task 5--Assistance During Bidding 8,600 Task 6--Services During Construction 208,000 Task 7--Resident Observation 110,000 Subtotal $933,000 Task 8--Permitting $ 16,000 Total $949,000 Task 9--Supplementary Services $ 50,000 GRAND TOTAL $999,000 Compensation for services shall be in accordance with Article VII.A.l of the AGREEMENT for Tasks 1 through 7, and Article VII.A.2 of the Agreement for Tasks 8 and 9. III. PROJECT SCHEDULE The CONSULTANT agrees to perform the services required herein within the following time periods unless otherwise extended in writing by the CITY. Time as stated herein refers to calendar days from the date of receipt by CONSULTANT of an executed copy of this SERVICE AUTHORIZATION. Workshop 40 days 30% Design Documents for CITY Review 70 days 30% Design Documents Review Meeting 77 days 80% Design Documents for CITY Review 128 days 80% Design Document Review Meeting 135 days Bid Ready Documents 180 days Bid and Award* 240 days Construction * 605 days *Schedule dependent on expeditious advertising and contract award by CITY. dbp0191191.S1 CH2M HILL SERVICE AUTHORIZATION 5 DATE: November 26,1990 PAGE 12 OF 12 - - APPROVED BY THE CITY CONSULTANT OF DELRA Y BEACH CH2M HILL SOUTHEAST, INC. --.-'- _ day of ,19_ By: 'w CITY OF DELRA Y BEACH, a municipal corporation of the State of Florida ATIEST: By: Mayor BEFORE M the fOre~ing instrument, this Jf. day of1Lcw4Y' N, 19:1Q.. was acknowledged by Gregory T. McIntyre, ATTEST: Vice President and Regional Manager, a duly authorized officer of CH2M HILL By: SOUTHEAST, INC., on behalf of the City Clerk the Corporation and said person executed the same freely and voluntarily APPROVED AS TO FORM: for the purpose therein expressed. WITNESS my hand and seal in t~i: By: County and State aforesaid this day City Attorney of ~ ' 19~... Notary Public State of Florida My Commission Expires: Notary Public, State of Rorida (Seal) My Commission bp:res June 11, 1991 aa..tM Tbna Troy fain' 11IS.lOnce I.e. dbp019/191.51 Attachment A SCOPE OF FACILITIES DESIGN I. Existing filters: . Replace nine existing turbidmeters . Raise backwash trough elevation on filters No.7 and 8 2. Existing treatment units: modify existing treatment units to accept lime softening and add lime feed piping, lime recycle pumps, and piping. 3. New sludge blowdown pump station: adjacent to each softening unit provide inline pump to waste lime solids to gravity thickener. 4. New sludge thickener: add one gravity sludge thickener and adjacent sludge pumping facility. 5. New vacuum filter and building: provide two vacuum filters in two-story building with unloading of solids to truck drive through. 6. New chemical building: add one building to house lime silo and feeding equipment, pH adjustment equipment and polymer feed system, chemical storage, and new chlorine storage and feed facility. 7. Chlorine gas containment and scrubbing equipment: add emergency response equipment adjacent to new chlorination facility. 8. Chemical Storage Tank: add one CO2 bulk storage tank for pH adjustment. 9. Sitework: sitework to include new roadways to facilitate chemical deliveries and hauling of dewatered sludge; yard piping; security fencing on the south side in areas of construction; and drainage, as necessary. II. Electrical system: provide exterior lighting with residential type lighting fixtures in areas of new construction. Motor control center to be located in vacuum filter building. 12. Instrumentation and Control: provide local control of equipment from new buildings and readout and alarms at existing operations building. Replace existing control and monitoring panel in operations building. Replace TurbitrollDigital computer and provide new computer with process control software and graphics status panel. dbpOl9\192.51 A-I 13. Architectural: provide basic architectural treatment to the two new buildings to match existing stucco treatment. Provide interior dry wall in existing control building in control room, hallways, and lavatories on second floor. 14. Landscaping: provide xeriscape vegetation and irrigation system around WTP site. 15. Modify plant inflow to provide proper flow distribution to softening units. dbpOl9\192.51 A-2 , Attachment B DELRAY BEACH WTP PRELIMINARY DRAWING UST GENERAL DRAWINGS G - 1 Vicinity and Location Map G- 2 Index to Drawings G- 3 Abbreviations G - 4 Civil/Structural/ Architectural Legend G- 5 Instrumentation and Control Legend G - 6 Instrumentation and Control Legend G - 7 Electrical Legend G - 8 Mechanical Legend G - 9 Mechanical Legend G - 10 Plant Solids Balance and Recycle Diagram CML DRAWINGS C - 1 Overall Site Plan C - 2 Site Plan, East (1:20) C - 3 Site Plan, West (1:20) C - 4 Site Plan Details C - 5 Landscape Plan (1:20) C - 6 Landscape Plan (1:20) C - 7 Irrigation Plan (1:20) C - 8 Irrigation Plan (1:20) C - 9 Irrigation and Landscaping Details C - 10 Grading Plan, East (1:20) C - 11 Grading Plan, West (1:20) C - 12 Grading Plan, Details ARCHITECTURAL DRAWINGS A- I Solids Building First Floor Plan A - 2 Solids Building Second Floor Plan A - 3 Solids Building Roof Plan A - 4 Solids Building Exterior Elevations A - 5 Solids Building Wall Sections A - 6 Solids Building Sections and Details A - 7 Chemical Building Chemical Feed Floor Plan A- 8 Chemical Building Lime Feed Floor Plan A- 9 Chemical Building Roof Plan A- 10 Chemical Building Exterior Elevations A - 11 Chemical Building Exterior Elevations A- 12 Chemical Building Sections and Interior Elevations A - 13 Chemical Building Sections GNVT021OO1.51 B-1 dbxl1/047.51 , Attachment B (Continued) A- 14 Computer/Control Room Renovations Floor Plan A- 15 Standard Details A - 16 Standard Details A- 17 Standard Details STRUCTURAL DRAWINGS S - 1 Sludge Thickener Plan S - 2 Sludge Thickener Section and Details S - 3 Sludge Thickener Section and Details S - 4 Chemical Building Foundation Plan, East S - 5 Chemical Building Foundation Plan, West S - 6 Chemical Building Roof Framing Plan, East S - 7 Chemical Building Roof Framing Plan, West S - 8 Chemical Building Foundation Sections S - 9 Chemical Building Roof Framing Sections S - 10 Chemical Building Sections and Details S - 11 Chemical Building Chemical Feed Pipe Support Bridge S - 12 CO2 Storage Plan and Detail S - 13 Solids Building FoundationlFloor Plan S - 14 Solids Building Second Floor Plan S - 15 Solids Building Roof Framing Plan S - 16 Solids Building Sections S - 17 Solids Building Sections S - 18 Solids Building Details S - 19 Standard Details S - 20 Standard Details S - 21 Standard Details S - 22 Miscellaneous Structures MECHANICAL DRAWINGS M- 1 Yard Piping Plan, East M- 2 Yard Piping Plan, West M- 3 Yard Piping Details M- 4 Softening Blowdown Pump Station M- 5 Filter Renovations Plan M- 6 Sludge Thickener Plan M- 7 Sludge Thickener Sections M- 8 Sludge Thickener Sections M- 9 Chemical Building Chemical Feed Area Process Plan M- 10 Chemical Building Lime Feed Area Process Plan GNVf02/001.S1 B-2 dbx11/047.51 Attachment B (Continued) M- Il Chemical Building Lime Storage Bin Top Plan M- 12 Chemical Building Lime Area PlumbingIHV AC Plan M- 13 Chemical Building Chemical Feed Area Plumbing Plan/HV AC M- 14 Chemical Building Riser Diagram M- IS Chemical Building Isometrics, Lime and Polymer M- 16 Chemical Building Isometrics, Chlorine and CO2 M- 17 CO2 Storage Plan and Section M- 18 Chlorine Scrubber Plan, Section and Details M- 19 Carbonator Water Pumps Plan and Section M- 20 Solids Building First Floor Plan M- 21 Solids Building Second Floor Plan M- 22 Solids Building Sections M- 23 Solids Building Details M- 24 Solids Building First Floor HV AC Plan M- 25 Solids Building Second Floor HV AC Plan M- 26 Solids Building First Floor Plumbing Plan M- 27 Solids Building Second Floor Plumbing Plan M- 28 Standard Details M- 29 Standard Details M- 30 Standard Details M- 31 Standard Details M- 32 Standard Details I&C DRAWINGS I - 1 P&ID - Lime Softening I - 2 P&ID - Chemical Feed System, Polymer I - 3 P&ID - Chemical Feed System, Lime I - 4 P&ID - Chemical Feed System, CO2 I - 5 P&ID - Chemical Feed System, Chlorination I - 6 P&ID - Sludge Dewatering I - 7 P&ID - Sludge Thickening I - 8 Ladder Diagrams I - 9 Ladder Diagrams I - 10 Panel Elevations I - 11 Panel Elevations I - 12 Panel Elevations I - 13 Standard Details I - 14 Standard Details I - 15 Standard Details I - 16 Standard Details GNVT02/001,51 B-3 dbxll/047.51 ~ .' Attachment B (Continued) ELECTRICAL DRAWINGS E . 1 One Line Diagram, Plant E . 2 One Line Diagram, Plant E . 3 Site Plan, East E - 4 Site Plan, West E - 5 Sludge Thickener Process and Facility Plan E - 6 Chemical Building Lime Feed Area Facility Plan E - 7 Chemical Building Lime Feed Area Process Plan E - 8 Chemical Building Polymer Feed Area Facility Plan E - 9 Chemical Building Polymer Feed Area Process Plan E - 10 CO2 Storage Area Process Plan E - 11 Chlorine Scrubber Power Plan E - 12 Carbonator Water Pumps Process Plan E - 13 Solids Building First Floor Facility Plan E - 14 Solids Building First Floor Process Plan E - 15 Solids Building Second Floor Facility Plan E - 16 Solids Building Second Floor Process Plan E - 17 Computer/Control Room Renovations Facility Plan E - 18 Panelboard Schedule E - 19 Panelboard Schedule E - 20 Luminaire and Miscellaneous Schedules E - 21 Control Diagrams E - 22 Control Diagrams E - 23 Details E - 24 Standard Details G Nvr02/001.51 B-4 dbx11/047.51 · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER J'lÆI! SUBJECT: AGENDA ITEM # '1Gr - MEETING OF DECEMBER 4, 1990 TROPIC PALMS - CANAL MAINTENANCE DATE: November 30, 1990 The item before you is a request for authorization to have the City provide the necessary services to clean up the canal behind Dunlin Road in the Tropic Palms subdivision. The City has received complaints from residents along Dunlin Road with respect to the canal's condition (full of algae, overgrowth, bad smell when water is low, breeding mosquitoes, etc. ) . This item was considered by the Commission at the meeting of November 13, 1990, and was continued in order to allow staff additional time to more fully research the matter. Having done so, we can now report that the Dunlin Road canal was included in the Tropic Palms Plat 2 and the City had taken over this subdivi- sion. While Palm Beach County had at one time maintained the canal, their new policy prohibits the County from maintaining any areas not specifically deeded to the County. Therefore, maintenance of the canal is the City's responsibility. One other canal has been identified which had previously been maintained by the County which should now be handled by the City. This canal is just south of Lake Ida. These are the only two canals within the City limits which are not maintained by someone else. Staff has met with a representative from Aquatic Systems, In c. , who has prepared service proposals and cost estimates for the maintenance of both canals and the initial clean up of the Dunlin Road cana l. Costs are as follows: Annual Initial Maintenance Maintenance Lake Ida canal $2004 $ 0 Dunlin Road canal $1440 $587 Funding is available in the Stormwater Utility Fund (c ana 1 maintenance line item) There exists the possibility of obtaining funding assistance from the Florida Department of Transportation for this maintenance. There is also the possibility of deeding the canal to Palm Beach County so that they might resume maintenance responsibility. If desired staff will pursue these avenues further. Because of the nuisance situation involved, it is recommended that the City Commission grant authorization for cleanup of the canal and further direct staff to pursue maintenance alternatives as suggested above. I )-14 '?~ ENVIRONMENTAL SERVICES M E M 0 RAN DUM TO: David T. Harden, City Manager THRU: William H. Greenwood, Director of Environmental~Þ2f Services FROM: Robert Taylor, Deputy Director of Environmental ruf Services/Public Works DATE: November 29, 1990 SUBJECT: Tropic Palms - Canal Maintenance This is a follow-up to my memorandum dated November 21, 1990. As indicated in that memo, I met with Mr. Bob Belloise of Aquatic Systems, Inc. on November 27, 1990, and we visited the Tropic Palms canal and t,he canal south of Lake Ida. Mr~ Belloise prepared service proposals and cost estimates for the maintenance of both canals and the ini t,ial clean-up of the Tropic Palms canal. Note that Site 1 refers to the canal south of Lake Ida and Site 2 refers to the Tropic Palms cana 1. These items are attached for your review, and a summary is as follows: Annual Ititial Maintenance Clean-up Site 1 $2004 $ 0 Site 2 $1440 $587 The Tropic Palms canal also provides drainage for a portion of the adj aceni~ 1-95 right" of - way. I have contacted the Florida Department of Transportation, Dis tr ict, IV office to investigate the possibility of F.D.O.T. 's assistance in funding this maintenance. A copy of my follow-up letter to F.D.O.T, is also attached. It may also be advisable for the City to invest,igate the possibiJity of deeding this canal to Palm Beach County so that they may resume responsibility for it's maintenance. Should you have any quest,ions or comments regarding this matter, please give me a call at extension 7337. RT:mc cc: William H. Greenwood File: RTPWDR03.DOC/1nterdepartmental Memo to City Manager 1 -- ~ , . ----- : ~.'. :: " ' , .>. "',! ::: ~ -',' ¡ ',' ¡ . ' " ,I'. I' ". I~, I . , .!"'" "'-". 1.. ,. ' \' I.; : .......',11: 1 ' ; '1:1 WATERWAY MANAGEMENT PROGRAM ~. ~ Department of Public Works/Environmental Services Delray Beach, Florida ~ Aqu~~~. ~Y~l~I11,~. ,Inc. 1-',' '\, ! ; !i': ':. .,; . i: I, \ 1[1: J :')\ I, ! ", I . ,!,- -, . I. L "¡"! I ~ ~ ~¡ i _. November 29,1990 Mr. Rob Taylor Department of Public WorkslEnvironmental Services 434 South Swinton Avenue Dekay Beach, Florida 33444 Dear Mr. Taylor: At your request, on November 29, 1990, we surveyed the waterway system at Department of Public WorkslEnvironmental Services. We recommend that this integrated Aquatic Systems program of waterway management be initiated as soon as possible: Control and maintenance of the algae. Control and maintenance of all existing noxious aquaüc weeds growing in the waterway. Scheduled inspecüons, with treatment as necessary , to prevent the development of any new undesirable aquaüc weed species through introducúon by drainage !Tansfer or other natural processes. -:: Control and maintenance of the shoreline grasses growing in the water LO the- water's edge. Establishment of a professional reponing system for property management administraúon. We have enclosed the following agreements: · W A TERW A Y MANAGEMENT 1 for Site HI 1 for Site H2 Cleanup for Site #2 Kindly sign the contracts of your choice and Addenda and return to us as soon as possible, so we may schedule your program. If you have any quesüons, please don't hesitate to cOntact me at 1-800-4324302. RespectfuUy yours, Roben Belloise Sales Manager RB/mjk I:c. \1\Ch. t'c~n P(.·r~ t' . t )tÌ.i:idl . ~t \'cL..·r....i).H~ · \lj~!I~u · 1'\'1,,'111"' t Sl'f\ tn~ Î h,' "U{l' tit' 1'1,'1',;' ""ll<' t;77 J WATERWAY SURVEY REPORT Customer: Department of Public Works/Environmental Services Inspection Date: November 29, 1990 Waterway(s) Perimeter Surface Cover (linear feet) (in acres) #1 Canal 5.000' 3.19 #2 Canal 4.000' 1.38 TOTAL 9.000' 4.57 -, ~ Aquatic Systems, Inc. 680 N.£. 42nd Street 1(800) 432-4301 Pompano Beach, Florida 33064 (305) 785-3374 Aquatic Services Agreement THIS AGREEMENT made the date set forth below. by and between Aquatic Systems, Inc.. a Florida Corporation. hereinafter called "AS!", and Department 01' Public Works 4- TIME TREATMENT PROGRAM Environmental Services SITE #1 434 South Swinton A venue Delray Beach, Florida 33444 (407) 243-7337 Mr. Rob Taylor hereinafter called "Customer". The parties hereto agree as follows: 1. ASI agrees to manage certain lake(s) and/or waterway(s) for a Twelve Month period. Site #1 (5.000 total linear foot ~rimeter) locared at Department or PubUc Works/Environmental Services in Detray each. Florida. 2. Four Treatments (one every 90 days). 3. CUSTOMER agrees to pay ASI. its agents or assigns. the following sum for specified water management service: Algae and Aquatic Weed Control $ 2,004.00 Annually Shoreline Grass Control to lhe Watees Edge Included Management Reporting Included TOTAL PROGRAM INVESTMENT $ 2,004.00 AnnuállJ $2,004.00 shall be due and payable upon execution of this Agreement. This Agreement shall have 8S its effcctive date the fIrst day of the month in which services are first rendered to CUSTOMER. The offer contained herein is withdrawn and this Agreement shall have no further force and effect unless executed and returned by CUSTOMER to ASI within thirty (30) days. 4. ADDENDUM: Please read and initial the attached Aquatic Systems' Agreement Addendum. Original Proposal Date: 11/29/90 RB Y Thl. Aquatic Services A¡reemtftt I. entered IRlo In Broward Couaty, F1orlda, which the parties 'p'ee !. the place of payment and the situ. Jurlldktion In the eveÐt or cUlpute. Aquatic Systems, Inc. Signature Authorized Customer's Signature Title Print Signature Date Print Company Name , , Aquatic Systems, Inc. 680 N.E. 42nd Street 1(800) 432-4302 Pompano Beach, Florida 33064 (305) 7&5·3374 Aquatic Services Agreement THIS AGREEMENT made the date set forth below, by and between Aquatic Systems, Inc., a Florida Corporation, hereinafter called" ASl", and Department or PubUc Works 4-TIME TREATMENT PROGRAM Environmental Services SITE #2 434 South Swinton Avenue DeJray Beach, Florida 33444 (407) 243-7337 Mr. Rob Taylor hereinafter called "Customer". The parties hereto agree as fonows: 1. ASJ agrees to manage certain lake(s) and/or waterway(s) for a Twelve Month period. Site 1#2 (4,000 total linear fOO( perimeter) located at Department of PubUc Works/Environmental Services in Delray Beach, Florida. 2. Four Treatments (one every 90 days). 3. CUSTOMER agrees to pay ASl, its agents or assigns, the following sum for specified water management service: Algae and Aquatic Weed Control $ 1,440.00 Annually Shoreline Grass Control to the Waters Edge Included ~anag&DentReporùng Included TOTAL PROGRAM INVEST~ENT $ 1,440.00 Annually 1 $1,440.00 shall be due and payable upon execuûon of this Agreement. This Agreement shall have as its effective date the first day of the month in which services are fmt rendered to CUSTOMER. The offer contained herein is withdrawn and this Agreement shall have no further force and effect unless executed and returned by CUSTOMER to ASI within thirty (30) days. 4. ADDENDUM: Please read and initial the auached Aquatic Systems' Agreement Addendum. IPricing is predicated on the simultaneOus execution of the one-ún1e cleanup contract Original Proposal Date: 11/29190 RBY Thlt Aquatic Servl~ Alt'eement I. entered Into In Broward CouRt)', F1orfda, whlclr Ibe partl.. .¡ref! II tile place of payment and the situ. Jurisdiction I. the event of dJlpute. Aquatic Systems, Inc. Signature Authorized Customer's Signature Title Print Signature Date Print Company Name . . . Aquatic Systems, Inc. 680 N.E. 42nd Street 1(800) 432-4302 Pompano Beach, Florida 33064 (305) 785·3374 Equipment-Special Services Agreement Department of Public WorkslEnvironmental Services Terms: 434 South Swinton A venue Net Delray Beach, Florida 33444 Prices Quoted Are F.O.B: Mr. Rob Taylor Delivered (407) 243-7337 Delivery: Date: 11/29/90 RBY We are pleased to quote special pricing as follows: Quantity Description Each Total I I One I Cleanup for Site *2 I I $587.00 I I I I (To be signed in simultaneous i I I execution with waterway contract) I I I I ! I I ¡ ¡ I I I This offer is valid for thirty (30) I I I days from date of this quotation. I I I ! I ! 6% Sales Tax Not Included. I ¡ If you are tax exempt, please insert I I I your TAX ID * I I I , I . This Sped&! Services A¡rtement ,. entered Into In Browit'd County, F~da, wbkh the par11es a¡rel! II the plate of paymfllt and the IItu. Jurt..uttlon 'It the e\'enl of dllpute. Aquatk Systems, Inc. Signature Authorized Customer's Signature Title Print Signature Date Print Company Name . . . [ITY DF DELRRY BER[H 100 NW, 1st AVENUE DELRAY B-EACH, FLORIDA 33444 305/243-7000 November 29, 1990 Mr. Don Henderson Director of Operation Florida Dept. of Transportation, District IV 780 S. W. 24th Street Ft. Lauderdale, FL 33315 Re: Drainage of 1-95 Right-of-Way Delray Beach, Florida Dear Mr. Henderson: The City of Delray Beach is currently investigating the need for maintenance of a drainage canal located just east of 1-95 and north of the C-15 canal (Section 29/ Township 46/ Range 43) ~ In addition to providing drainage for a portion of the adjacent subdivision, this canal also provides drainage for the adjacent 1-95 right-of-way. The City is requesting that F.D.O.T. assess this situation to determine whether or not it is appropriate for the Department to contribute to the cost of the maintenance. I have enclosed an aerial of the site for your review. Currently, a cost estimate for the maintenance effort is being prepared. If you have any questions or comments regarding this matter, please do not hesitate to call me at 407/243-7337. Thank you for your attention in this matter. Sincerely, ~JJ/ Robert Taylor Deputy Director of Environmental Services/Public Works RT:mc cc: David T. Harden William H. Greenwood File: RTPWDR02.DOC THE EFFORT ALWAYS MATTERS I ',_ - 12( 1/ ~:~~ . ENVIRONMENTAL SERVICES M E M 0 RAN DUM TO: David Harden, City Manager , 0 THRU: ø~ William Greenwood, Director of Environmental Services FROM: Robert Taylor, Deputy Director of Environmental -,<B'/ Services/Public Works DATE: November 21, 1990 SUBJECT: Tropic Palms - Cqnal Maintenance ------------------------------------------------------------ As was brought to my attention. there is an existing maintenance problem associated with the drainage canal adjacent to the Tropic Palm subdivision. Previously this canal was maintained, including spraying for weed control, by Palm beach County. However, according to Mr. Allen Steiner the new policy prohibits the County from maintaining any areas not specifically deeded to the County. I have been informed by the City Planning and Zoning Department that this canal was included in the Tropic Palms Plat 2, and that the City had taken over this subdivision. Therefore, maint,enance of this canal should be the Cit,y's responsibility. In the course of my research, I also found one other canal which had previously been maintained by the County and should now be handled by the City. This canal is just south of Lake Ida~ On November 27, 1990 I will be meeting with a representative from Aquatic Systems Inc. to visit the si t,e so that a cost estimate for these services can be established. If you have any questions or comments regarding this matter, please give me a call. RT:mc cc: William Greenwood File: RTPWDR01.DOC/Interdepartmental Memo to City Manager M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~1 SUBJECT: AGENDA ITEM :: 9H - MEETING OF DECEMBER 4, 1990 PROPOSED NATURE PRESERVE DATE: November 30, 1990 At their meeting of September 11, 1990, the Commission adopted Resolution No. 85-90 which supported the plan prepared by William Swaim and Associates, In c. , to develop a neighborhood nature preserve on County-owned property within the City and urged Palm Beach County and other governmental agencies to approve the plan to develop the preserve. The Commission is now to consider requesting Palm Beach County to transfer the land and maintenance responsibility of the proposed neighborhood nature preserve to the City of Delray Beach. The preserve was proposed to improve the County owned property to mitigate the impact to sensitive lands on the Anchorage Develop- ment. The subject property is under a covenant, administered through the Na ture Conservancy, which requires perpetual use of the property as a nature preserve. Please see the accompanying backup for a sketch of the proposed plan. Recommend that the Commission request Palm Beach County to transfer the land and maintenance responsibility of the proposed neighborhood nature preserve to the City of Delray Beach. r . . ~~ý^ . MEMORANDUM TO: David T. Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: PROPOSED NATURE PRESERVE DATE: November 29, 1990 Per your request I have reviewed the proposed site plan of the neighborhood nature preserve as proposed by Bill Swaim. I had previously met with David Kovacs and the developer and it is my understanding that this proposal was made to improve this County owned property to mitigate the impact to sensitive lands on the Anchorage Development. Further, I understand that since the park is within our jurisdiction, Palm Beach County would prefer transferring the land and maintenance responsibility to us. The property was originally donated to the County by the Nature Conservatory with deed restrictions that I have not yet had a chance to review. Usually these restrictions concern the land being kept in its natural state with a reverter clause. This proposal is in line with Objective B-1 of the Conservation Element of the Comprehensive Plan concerning the conservation and protection of sensitive lands. It is my understanding that in the approximately 1.6 acre parcel the developer will remove exotic plant materials and replace with native trees and provide a boardwalk system with viewing decks, gazebos, etc. at his expense per the attached site plan. There is no parking provided as this would be a walk to or bicycle to park. Based on the above information I would recommend this proposal. Parks and Recreation JW: j mh REF:JW274.DOC Attachment cc: David Kovacs, Director of Planning and Zoning Alison MacGregor Harty, City Clerk , . \\. \ 1 1 i! 1~1~¡!ì ~ I II li!!I'¡ I ði ~¡~§~! I i ~¡¡!~~ ~~~UI n~£ ~i5¡Ã" ~~ø q~~.~ l~ g¡"¡~~ ! l~" ~.~~î 3': ::i~",~i i I I ¡ ; Z mn <=:;0 :I: Z ~ n om ;:=:J ~ :I: C 0> Or- o " r- Z ;:> ;:> Z ~, C " ;:=:J ;:=:J mo ,""0 ""0 ;:=:JO ~tn m m· ;:=:J 0 <. m I 1.1\. ¡ I DELRAY BEACH, FLORIDA I!lm i I § KeithandSchnars,RA.~ I~' n I. ~, ~ I ; .~ ':' £KCIKm~' PLm[R~ . mmORS -=- ....I· ¡'I""-- ..~ ~ I. CONCEPTUAL PLAN· PROPOSED I~I'I:C;~ ~ I . ª ! NEIGHBORHOOD NATURE PRESERVE . ! CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 30,90 15:18 p n? l",- - V I ' I , mY DF aELARY BEREH ......'.,...... CITY A'""ORNEY·S OFFICE 310 SoH. lit STREET. SUITE" DELRAY BEACH. FLOklDA 33483 "I I 407/U3--7090 TELECOPIER 407/278-47S5 MEMORANDUM Date: september 21, 1990 To: City Commission J¡ From. Jeffrey S. Kurtz, City Attorney ~ Subject: Lorenzo Brooks Request For pensio Benefits Increase . I have attached copies of the relevant memos and correspondence concerning the Lorenzo Brooks matter. As indicated in the January 2, 1990 letter from the pension Boards actuary Stephen Pa~ist, the cost of allowing Mr. Brooks to take advantage of the 20-and-out provision as of October 1, 1989 would be $108,168 and require an lncrease in the City's contribution of $13,800. If you should have any further questions concerning this matter, '-'Please do not hesitate to contact our office. JSK:sh ! Attachments , I ! cc: David Harden, City Manager ! ! , I I ! j \ 1 i ¡ 1 ! I ; , . ¡ ¡ j i ! CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 30,90 15:19 P.03 I I I V" , .,~) ¡ . - , ., . . .. '" ),;::.!'";;.,;.. :. .." . <1>.. Delray Beach Pollee Department .0"(". ~ I 200 S.W. 1st Street · Oelrav Be"h. Florida 334..·9$87 . Phone (3051278.4300 CHARLES KILGORE CN., oIl'ol/C. MEMORANDur , . . TO: ,1é.yor (tûa~, C.;IITI~'bE!ll Chairman. Polic~ and Fire Pen~ion Fund THRU: Chief ChaflE:s Kilgore II! F"ROM: CðPt!in Lorenzo Brooks CIATE: August 8. 1Q8t. SUBJECT: BEI1BEtJE~I 1 am cont~mplatlng rétiring fro~ the City of Ol?lta., .... ' o e a (. ~, PO~iCé ~artm.nt érr~ctive Friday. Augue;t .... .., ¡986. H 1':. ...;.., my un~ers andin~. according to t h w;: P o! n s i 0 1". F; d I \ . that 1 Coill takt n,y ¡;. t r, t ion now d t a reduced anlou(.t Dr I (. <1'-1 :éês\'t: tht' ~(:nSlun i ,. t h~ run~ until I reach .aqe 52. therèb.,. n l~ t fE:',(-iving a n ~' P (HI d 1 t ~. . HOI,J(tv(tr. 1 ( ð (, b f;' 9 i (\ ' r to ( e i v 1 n '3 0, ~. nlonthl\r :·ens 1 on (heck a~ytime before a~ê 52 at t h (- acct'J~J rðtt' at that timt:. If this is thw cast:. 1 would prefer 1 e a v i n g RI Y fT1 0 n t1 ., 1 n th~ P@~5ion Plð~ u~til fur t h è r· not i C f! . 1 would lilt' t (¡ ~ now tI,~ 1T1orlthly or )rearl., ðmount 1 could re,eive now ver·sue; the o!IlTlount 1 could reC~lVé at age 52. ; Thank YOU for your consideration In t his "Ia t t e r . i I Rt'P~ctful Jy subrnitt~d. ¿~;JeI;£rf¿PTÃîÑ \ I ! j I i Starr Serv1~es Division ¡ gb j . 4 ¡ " . .-.' .,-. ........', ...... .... ..,....- ..'.' _. "" ..... '.p CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 30,90 15:19 P.04 \ . '-.., Vf' ut~~I$~I1",fJOUCE,ANO FItEfIGHt~C'f'REMENTSYSTEM _... 0_"- . . .... . f -. :. ".'/ 1 ' " , RET.E~ BENEFOS ! RETReE: Lorenzo Brooks (Normal , Ear Iy X I Delayed . I Benefits Payable as of: September I, 1986 Form of Benefit Monthly Ámo\M'lt -- 6Ø% Joint and Survivor (Normal Form) $ 1,0114.72 .. . Life Annuity (ceasing upon death) 1 1093. 06 . 10 Year Certain and Ufe (guanmteed fer 10 yecan) t ,083.88 . - *Atnount payable to surviving spouse $608.8)' To Surviving . Joint and Survivor To Retiree Beneficiary 100% $ ,68.45 $ 968.45 75% - 996.81_ 747.65 - r" J 66 2/3% 1,006.71 671. 1 It 50% . ---- 1,027.04 513.52 Benefic ¡ary: Name June R. 8rooks Sex f , . .," Date of Birth June 2'. '960 The Single Lump Sum DistrIbution would be $ - , I The amoU'lts above are based upon the following: , , ¡ Dote of Birth: September 9, 1942 \ ¡ , I Veer" of CredIted Service 22.]'; ! ! Finerl Average Monthly Earnings: 3~341.)3 1 ! j ,1 1 CalculatIon Date: September 4, 1986 \ \ .... . . ... - ".' -'. . . TEL No. 407 278 4755 Nov 30,90 15:20 P.05 CITY RTTORNEY'S OFFICE . ,.. , I CRY Of OEtRYÐ€ACH POLICE AND fItEfIGH1T~I.)"':f.EMENT SYSTEM ( RETIREMENT BENEFITS RETMEE: Lorenzo Brooks (Nor"", f ,Early X , Oelayed ) Benefits Payable as of: October 1. 1 ~9l.t Form of Benefit Monthl~ AmolM'tt 6Ø% Joint and Survivor (Normal Form) $ 1.903. 7' * liFe Annuity (ceasing upon death) 2,137.39 , . 10 Year Certain and Life (guaranteed for 10 years) 2.0~S.l.28 *A.mount payable to surviving spouse $ t, t 42.27 "'- . . To Surviving Joint and Survivor To Retiree Beneflc:iary 100% $1 .774. 46 $ '.774."6 75% 1,853.12.. 1.389":84 ' - "- - 66 2/3% 1,880.90 1,253.93 50% --. 1 . 9~~. 04 96~.52 '" Benefic iary; . Nome June R. Brooks Sex F .. Date of alrth June 29. 1960 The Singl. Lump Sum Distribution would be $ , The omo....." above are based upon the following: Dote of Birth: Sep tembe r 9, 1942 Years of Credited Service 22.75 . Finol Average M:.ntñly Eamings: 3,3"7.33 CalculatIon Date: September 4, 1986 . ." .., ..... ._~, ...,,,............ ... -- -. .. ". > " ... ... .."..,. ." ", CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 30,90 15:20 P.06 \ cC!L 'i~f~() (- " ;J.',~ . . ,.. . '. ,'tift, .. ... V...' I " . , [ITY DF aELRRY BEAEH .' . . . ..' ~ fa. ... ~";,.. ~~"" .~ "I \ I CITY ATTORNEY'S OFFICE '11I'í.1 hUUI<I'II.~(11I I IIIII{ \\ (II ,\1 II, J 1"(111.\ 1111\,1 r 44": ~~ t, ''''HI " f. ~ 11'11 ': It.' ..~ ,I h': MEMORANDUM Date: March 3. U89 To; David M. Huddleston. Director of Finance From: Herbert W. A. Thiele,' City Attorney .". " . Subject: Further Information and Opinion Concernin, Inquiry from Lorenzo Brooks Relf81'dfnr I' Cost ot Living Ad1u8t~me"nt . Aa a faUow-up to our recent memorandum to you. the City Attorney's Office is now in receipt of an opinion letter from the City's outside labot' Jaw consult1ni' and firm. Carson and Ltnn, on the above-referenced subject. In that regard, and despite our earUer preUrnJnary opinion to you. this Is to advise you that the City Attorney's Office concurs in the recommendation trom . James W. Linn. Bsq. a8 to this matter. That is, although our initial opinion was that retiree Lorenzo Brooks was not eligible for the, 2% cost at living increase. our further investigation and review of the languaKe of the ordinance. in conjunction with the Ianguare set forth in Section 33.62 ot the Code of Orãtnences leads us to the conclusion that it is reasonable to inter- pret to å110w the' adjustment In beneftts requested by Mr. Brooks' of the 2'. With this interpretadon, Lorenzo Brooks would be entitled to an increase in his retirement Income at the time he commenced receiving such income. equal to 2\ percent fot' each year ftoorca the date of his retirement in Augutllt of 1988 thoup:h September 30, 19S7. It 18 my understandtn, that Mr. Brooks is the only per80n who faDs W1t~~. the conf'fne. of this interpretation., It you have any further questions on this subject. please contact the City Attorney's Office. fr RT:ci cc City Commisston Walter O. Bury, City Manager Chairman. poUce and Firetlghter Pension Board of Trustees SecJ:'etary, PoUae and Firefighter Pension Board or Trustees David M. Huddleston. Dtreetot' of Finance . . . .' ... _.' p.o.... __.. _. .. .- ., .... .-...,.. --. - .- -.. .. " - .... ..,.- '.~ . ~. - .". -.. .. .. CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 30,90 15:21 P.07 " "- . ) \-l) I . , V September 27, 1989 Lorenzo Brooks 82S Egret Circle #AI04 Delray Beach, FL 33444 Capt. Gerald J. Paller Secretary, Police and Fire Pension Board Delray Beach Police Department 300 W. Atlandc Avenue Delray Beach, FL 33444 . Dear Capt. Paller: The purpose of this letter is to request the commencement of my retirement benefits under the City's twenty year retirement plan, scbeduled to beeome effective October I, 1989. I presently have' 22.7S years of aedited, setviçe with the City of Dekay Beach as a law enforcement officer. Also, I would be entitled to the cost of living increase(s) paid to other retirees per memorandum from City Attorney, Hcrbert Thiele, dated March 3, 1989. No other empl9¥~e would be affected by the board approving this request. In.other..wotds, the action would not set a precedent because I am the only employee not receivin¡ these benefits currently. ' Thank you for your consideraûon and prompt attention to this matter. Jii!!! cc: Herbert Thiele. City Attorney . I - ~ " .. ... .. -. . . . _... ...... -... CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 30,90 15:21 P.08 I, OCì ?:7 · 69 14: 26 9Ø4/S7"" ... ØØ0 c:ARSON&1.II'f'i, f'f:I Fl) l)) P.2 . .:~ V~ II 0.1 J ~... CAUON . LINN, P. A. I U'WnU I J.&ONoUD A. CAUON MAHAN ITA110H JAIl" C. ADIUtfI JAMD W. i.UcH . 1m· 0 M.\IrAM DaM OPCOMII. JOKH D.C. N&WTON. .. TAl.l.AMAlla. n.olmA .... WCJU.I a. T\laNU (lOt) "HOI' W ANN' ""'Pla tAGlJMILI (tit» "'-lfOO IlMØJl,LY I.. UNO October a1, 1189 rIA .U Susan RUby, E8qu1r. A..i.~ant city Attorney , City ot D4Þlray .each 310 S.E. 1st street, Suite 4 Del~ay Beach, Florida 33483 . RE: Police/Flref19hter Þension Matter. Dear au.an: ~ a ~o11ow-up to our phone convera.t1on ot Ootober 26, X .poke with steve palm~i.t late that, afternoon. I a180 xoev1ewe4 Or4inanø. No. 52-89 which you sent .. via tax. Ordinanoe No. !S2-89 appear. to 'en.wer all of t.h. i.au.. Which w~aou..ed.. SeQtion 2 of that ord.inance provide.' that eftective Ootober 1, 198' a ..w:.er with t.w.n~y yean ot continuous ..rvice may r.t1re with fUll, nOl1lal ret.1r:aent. benetits. However, the ..endment expr...ly .ta~.. ~a~ "~1. provi.ion .hall no~ apply t.o anl m"eX' who l'etix-.. or t.raina1:8. employment prior to Octo~.r 1, 1989." Hr. Palmquiet h.. wr1~ten . letter opining that, a pOlice offioer wit:h ~w.nty y.are Of continuous ..rv108 who t.n1in.~.d hi. employment: pt'1oJ:' to October 1, 1'89 would. not b. eliqible for the "twenty and out" bene tit. seotion . ot O~41nanc. No.. 52-89 provide. that it a member ~erm1na~e. emrlOflDent with ten or more year. of continuous ..rvlce ha wil Þ. 811qible for a pension ~.ti't payable "on the 4ate wb10h would have be.n biB ..rli.8t normal retir...nt date had h. raaine4 in "ployœent, It provided he doea not:: .leat 'to withdraw his ~.ab.r oontr1Þut::10na. The amount o~th. benetit wO\,11c1 be caloulated in acoordanoe with the normal b.n.f1~ tomula, ~...d on 'the member'. averai_ 1ROn~hly 8am1n~. and. yeat"e ot oontinuous I.~ic. at th. ti.. ..ploym.nt wa. tet'JI1na~ec1. AccoZ'4in91Y, a m.~er who t.erminat.. hie ..Pl0lfent wi'th the Cit.y at~.r titt..n years ot con~inuou. ..rvice w 11 be eli91bl. 'to Þec¡in reøeivift9 normal retirement bene tit.. five y.ar. la<ter (the date on which h. would ~av. a~tain.d twen~y y.a~. Of con~1nuou. ..rvice hac! he remained witk\ the City), or age 52, whichever is .. ,." ......... "." .. o. .... ."".. ..... .'. ...._._,'.. _. .... a,.. , .. CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 30,90 15:22 P.09 ~ .'. . . , \ OGT 21 '89 14:,7 904/e'-..iOO0 C~I!'f~'PFI fl.) V P.3 ... .. .... '.. . su.an Ruby Page TwO ootaber 27, 1181 .arlier. The member'G benetit wou14 " .;\1&1 'to 2.5' multiplied by hi. averaq. monthly .arnin;. mUltiplied Þy tift..n year. of continuou8 ..rvice. Hr. Pal.qui.t advised that hi. firm routinely provida. benefit ..timates fer "v..t.ed., terminating ..ploy...... I hope that th1s tully r..ponde to the issue. yo~ raised. Pleas. l.t .e know it you have any further que.tions. with be.t personal reqard., ! am Sinoerely, - CARSON' LINN, P.A. . . Linn .' JWL,Ihhp, "-.... -..::::: , . CAIlSON' Ie UNN. P. A. . '.-". . ... ,·110,. . . .. '" ,~.. .., lAWYEU CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 30,90 15:22 P .10 \ 23 1 - l<) \..{J . rs 'rCJ~ CARSON Ie LINN, P. A. LAwn.. LBONAII.D Á. CADON MAHAN ITATlON JAMES C. ADUNS JAMIS W. UNH 1m· D MAHAN DaJY& Qf COUNIRL JOHN D.C. N.W1'ON. II TAILANMlII, n.oUDA SISOI WCtLLl!. I. TUUŒ" (lOt) It....., ; LV ANN SNIDII. 'AClIMIU (IOf1.n-IOGO «IloCtlaLY L. ItJH<ì November 8, 1989 Herbert W.A. Th1ele, Esquire city Attorney ci ty of Delray Beach 310 S.E. First street, Suite 4 Delray Beach,~lor1da 33483 RE: Lorenzo Brooks Retirement Matter Dear Herb: This will respond to your letter of November 3, 1989 concerning Lorenzo Brooks' eliqibility for a "twenty and out" retirement under City of aelray Beach Ordinance No. 52-89. I believe I have previously addressed this issue in my letter to Susan Ruby'ot'Oc~ober' 27, 1989 (copy enclosed). Ordinance No. 52-89 clearly states that the "twenty and out" f retirem~rOVi.ion "shall not apply to any member who retires or term!na 8 employment Erior to October 1, 1989." Inasmuch as Mr. Brõok. terminated h . e.ployment with the City prior t.o Oct.ober 1, 1989, he would not be eliqible for retirement under the "twenty and out" provision. I am not sure how I could hav~ concluded otherwise, exoept that I did not aotually receive a copy of Ordinance No. 52-89 until Ms. Ruby faxed it t.o me on I October 26. Please let me know it there is some other factor or provision of the pension ordinance that I may be overlooking. With best personal reqards, I am Sincerely, ~ON , LINN, P.A. ~~inn JWL/hhp i!l~' .I:,t Enclosure (' / tECEil\!f::.1J QN- : ~ 1.:-1-9.: _.~ ~ ' '",It". f: fl, - .---- -.. . -. .r-.·/t'tf.'yl,- 0,,- ,l'':;~, ,,:.. ~ .',.. ,T'~" "·,.f.CI, D!'---'rr- ¡~ 1 ' , t· U.:l.'I~ '", ~_ "'" ....... ·U .~. _. "_..".... .......__"........_.... _.' - , '. -.., - .' -- 'O.,., .. ..... ....' .." .. -.' _. ...... ....- .-.-"'.- -& CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 30,90 15:23 P .11 ." ~ "..... ,.... ...... .' .- -" ........-.----... ""'~'-------_".-'-'---,..-.._-.._._........ . V' . \' 310 S.E. lit STREET. SUITE" DELRAY BEACH, FLORIDA 33483 407/20·7090 TELECOPIER .07/27a..t 155 MEMORANDUM , note: November 14. 1989 To: ~hRÌrr.'nn f\nð Members. Police and Fire Pension BORrct of Trustees Frcr) : Herbert W. A. Thiele. City Attorney Rub)f!~t ; Reconsideration of Opinion Concerning "20 and ¡Out" Rec111~st for FormP,I' Rmu!ovef> Lorenzo Brooke .. .. P()J]nwinv. my mp.morandum to Captain Gerald Paller of Octoher 10, 198~ ftnd y~ttr considp.ration of. a. request by former employee r,oren~o Brooks for thp. rJ'ftnting of a f/?O anò Out" pension which you considered at ~'our fT)eetin~ of October 20. 1989.. we he.ve had further discussion with the Police and Fire fi p.'h ter P('!nsi(\n actuary. J. Stephen Palmquist. as well as cQnöuctin{" 8,ðditional ref'earch on this matter. Although ~ initial opinion had been that it appeared to be the intent that pp.rsonli who....·i1ad not ;;,,~t drawn out any pension monies would be entitled to ~.pply for a ""0 and Out" pension, the reading of the langilage in the (\rdinance itself in Section 2 contains a specific staternent that the "20 and Out" retirement is not appUcable to members "who retire or terminate ~mployment prior to October 1,' 1989. It was al$O not considered or included by our actuaries in their calculation8. For that reason W~ hø.ve modtfted our poaition on this matter and c()ncur with the- fitatement of tho actuaries that Mr. Brooks 1s not In fact entitled to a "20 and Out" peTlsiC'n. but rather only to 'l;)eJ"si"n benefits wh..n he attaint:! the egê of 52. It wl'ulã hE" appreciate<1 if you C01Ù~ reBchedule this matter before the next available Pension Board meeting so that we can have your formal concurr~nce in this opinion. £ cc: City nommi~sion Malcolm '!'. Bird Interim Cit)' Manager Captø.in GeraJd PaUcr. ~ecretary, Delray Peach Police and Fire pp.nei~n Board of Trustf.!êS I,orenzo Brooks Staphen Palmquist . ., . ,... .. ..,. ..' .. .. " ...,......... .... , ". ,." .' M. ,'" CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 30,90 15:24 P.12 \. . ~ ~ i , ¡ :¡ KRUSE. O'CONNOR AND LING INC. "Olln" L....UOE$ltD...l,C OFTICE ì ì wes" ."ow,-,IIIO ~OF"¡'fllfsO",¡o.L BUtl.OINO ,~ao """,.,.IN ROAØ. .UIT£ zoo I "0"''' ".IUJDI:"Þ"'I.C. F"LOA,PA ~~:».. I "-'.ú.,,4';MU/ ~(lfÚl (305) 7111- ses. I ! NORTH /CCNTI'tA.L "~ORICÂ Of ~-IÇE 101 B¢UTHEA.T seCOND PL....c~. .VITE ilOI aAINII:&VJL.L.£. "'''ORICA 3250' I ("()<I) 3"5 - ~eoo Fort Lauderdale Office January Z. 1990 Herb@rt W. A. Th1ele. Esq. ~~;"-' r :': ,.,"", '~~:":: City Attorney. Suite 4 .. ' ~..."V...,%- qO ' 310 Southeast 1st Street C""" '''';'..''-1'· .~\ ....." ;") ....¡', ("~~ Delray Beach~ Florida 33483 ...! ~}' 1".. '." ' ~. . ")0 .' '... I . .. . C:'~l~~ cti ~:I::\~"J:I ('~\..;;~~:~ Dear Herb; In your letter of December 19. 1989. you asked us to determ;ne the ðctuaria 1 impact on the Police/Fire Retirement System of permitting the "20 and out II retirement provision to apply to Lorenzo Brooks. Mr. Brooks is due a monthly benefit beginning-on ~ctober 1. 1994 at which time he will be age 52. Evidently t there is a proposalt,o, a110w his benefit to begin on October 1, 1989, the effective date of the 20 and out provision. The '--aduar i a 1 present value of the extra five years of payments (October 1~ 1989 through September 30, 1994) would be $108,168. This added 1 iabi lity would raise the required annual City contribution by $13,800 for approximately 12 years. Although there are no other terminated vested employees with 20 or more years of service, i.e.. no others in Mr. Brooks' situation, there are at least three employees who elected early retirement with 20 or more years of service (D. Michael, W~ Roseke, B. Ward). Some might claim that retroactive treatment for Brooks would also affect those early retirees. We felt that you should be aware of these others~ ' Please contact us if you have any questions. Sincerely yours, ft ~ Atvz;~--- :~~- J. Stephen Palmqu ~~ JSP/ßII\ .,..,. .' ... . ,........ .' . 't.' 0.. . e. ,,--., ~. -, " .' 4'~ " ." . - -- CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 30,90 15:24 P .13 2-~ . " V) , '¿) ., . ßf9.~."-S '. . ~ ' ... >, £1" DF DELIA' BEA£H CITY AnORNEY'S OFFICE 310 S,E. hI SIREn. SUITf. 4- DELRA Y BEACH. FLORIDA 33483 4()7/:!~~· 709(1 TfLl\rOPIE R 407/27804 7 5S !I:1~Mon f\ND1 JM Date: Jalll.l.ëtlY 12, 1990 To; .John Tra:Ücr, Chairrllan, Po·.~icc and Fil'ef.\.ghter Pen~ion Bo~~d uf Trustees - .~ From: Jferb~rt W.A. 'l'hielC!, C:' t.:{ .l\ttoI'ney . Subject: Transmittal of Inforn,atian Fl'(im ¡\ctuaries Concerning Lorenzo Brooks Retirement Request Following the recent rneetin9 of the Police and Firefighter Pension Board of Trustees, the City Attorney's Office contacted - Stephen Palmquist of Kruse, O'Connor and Ling, I nc. , the actuaries,to the Pension Board. In my letter to Mr. Palmquist of December 19, 1989, I roquested that he respond to the Board's~quiry as to what, if any, actuarial impact would be on tb~ ~ion Fund if we permitted Mr. Brooks to participate in the 20-and,-out retirement program. Mr. 'Palmquist's response to me, dated January 2, 1990, is attached hereto fO;r your reference. Although I am somewhat surprised at the figure, it would appear that the actuarial impact would be over $108,000, or the addition to the City's cont.ribution of approximately $13,800 for a 12 year period. Furthermore, Mr. Palmquist cautions that, although he concurs that there are no other persons in the precise situation as Lorenzo Brooks, there are three other employees from the' Plan who elected early retirement who had 20 or more years of service. This is another factor for the Board's consideration. All of this presumes, of course, that tbe City commission would be willing to adopt the necessary ordinance amendment to allow the partioipation in the 20-and-out program by Mr. Brooks. It. is my understanding that this matter Ü; scheduled to be considered at your next regular me.eting on January 19, 1990. unfortunately, I am required to be in Orlando at the meetings of The Flor ida Ba.r during this time and will t.hus not be . ~n attendance at your meeting. We will, however, have one of the .. . .' CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 30,90 15:25 P .14 .. , \ . . V' ~ . ' . . ~ssistant City Attorneys attend, and, in the inter 1m, 1£ you or an}" other members of the Board have any questions, please contact me directly. $' HT:ah i\tt.achment ~~c ~ C:it.y Commlssl.on Malcolm'!'. Bird, lnterim City Manager - David M. Huddleston, Director of Finance James W. Linn, Esq. J. Stephen Palmquist, Kruse, O'Connor and Ling. Inc. . --- ~... ....- - , " ¡- </~'l [IT' DF DELHA' BEA[H CITY ATTORNEY'S OFFICE 310 S,L. 1st STREET, SUITE 4. DELRAY Bl'ACH, I'l.ORIDA 334R3 407/243-7090 . TFLECOPIER 407127R-4 755 MEMORANDUM Date: November 30, 1990 / To: City Commission ! / .}ý From: Jeffrey S. Kurtz, City Attorney Subject: Claim of Mr. and Mrs. Donald Porter V Donald Porter was injured on November 26, 1989 while delivering sodium aluminate to the Water Treatment Plant. The injury occurred when a standpipe going into the sodium aluminate tank broke causing the sodium aluminate to spray into Mr. Porter's eyes. Thereafter Mr. and Mrs. Porter filed a claim against the City. On October 1, 1990, we had Mr. Porter's eyesight exam- ined by an independent ophthalmologist, and it appears that he has suffered a serious loss of vision. In light of these facts, the City Attorney's Office and the Risk Manager recom- mend settlement of this claim in the amount of $100,000. If you have any questions regarding this claim, please do not hesitate to contact me. JSK: jw cc: David Harden, City Manager Lee Graham, Risk Manager Alison MacGregor Harty, City Clerk /' --...or CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 28,90 16:24 p n? O~- ïC/ø ,,~/ c"" u ,.., ;- U U " £IT' DF DELRA' BEAEH CITY ""TORNEY'S OFFICE 310 S.F.. 1~1 STRJ';J';T, SlJJTE 4 · DELRA Y BEACH, t'LOR1DA 33483 ". 407/243-7090 · TELECOPIER 407/2784755 MEMORANDUM Date: November 20, 1990 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: Payment of Bills Related to Legal Services Incurred bX Walter o. Barry Prior to Suit Beln~ Filed Attached is a letter requesting payment of some outstanding legal bills from the firm of Schuler, Wilkerson and Halverson for fees incurred by Mr. Walter Barry relative to the Irene Montalban ma~ter. OUr office is putting these bills on your December 4 agenda for direction, as the fees were. a result of work done after December of 1989 and prior to suit being instituted in this matter. In November of 1989, similar fees had been approved ~y the City conunission', but it was our office' s understanding that future billings would have to be authorized by the City Commission prior to the city paying them. I have attached copies of our office's previous memo of October 11, 1989, November 8, 1989, November 14, 1989; letters of November 30, 1989 and December 7, 1989 and minutes from the November 28, 1989 meeting concerning this subject. Should any Commissioner have any questions concerning this matter, please do not hesitate to contact our office. ~~~ AttacJ:unents Cc: David Harden, City Manager Wa.lter O. Barry Reeve Bright, Esq. . ~- ---~~_.-- ~ CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 28,90 16:25 P.03 . . U U SCHULER, WILKERSON & HALVORSON, P. A. SUITE 4-D BARRISTERS BUILDING 1615 FORUM PLACE WEST PALM BEACH, FLORIDA 33401-2382 (407) 689-8180 Date: 11/06/90 759 Walter Darry 2020 NW 3rð Avenue Delray Beach, Florida 33444 STATEMENT OF ACCOUNT .......- ~M._................._...r.~~-~~__~ --...... ........ ....................---- .._~..........~.... ............... Katter Title of Natter Bill Date Amount of Fêe cost Advanced Balance Due ..tI........ .............~~~........M._.._........... .......... ......... -................ ....._A......·..·....·· ..............-. 2 Barry RB: Delray Beach 2m 01/04/90 40.00 .ûO 40.00 2 Barty RE: Delray Beach 2532 03/07/90 660,00 1&.25 61fi.25 2 SArry RB: Delray Beach 2606 04/05/90 100,00 .00 100.00 2 Barry RE: Delray Beach 2793 05/10/90 20.00 .50 20.50 ..~........._.. ................. ................... 820.00 16,15 836, Î 5 I ." -<'I'. . . --- '- 1$'2. III I ~. Jl.trØ-'~ {¡J, ¡ TEL t~o. 407 278 4755 Nov 28,90 16:25 P.04 CITY ATTORNEY'S OFFICE . 4) lb . . £ITY DF DELAAY BEA[H I CITY ATTORNEY'S OFFICE ,¡'O$~!. b1STREl:T.S\illr, )ELRA y I:ACII. HOIODA 3:;'¡¡¡~ 1 J07i~·O-7n':lO TH,[,COI'IER 4(i7:'27t;-47~S ! j MEMORANDUM 1 I r.),~. t (~ : October J.l, 1989 ! 1'0 ~ Ci,ty C'1TNnission ¡ f'.ron~ ; Hcrbe:[t W.A. 'l'hiele, ç,j. tyAt tor ney I ~~1Jbjcct : H(:}ç\:-lpt of Bi.lli~ngs for T-Iegal Fees for Former City 1 ! Manager Walter Barry 'the <:ìt:.y Attor.ney:s office is In receipt of a bill for F!"ofúss.iöoa1 services submitted by former City Manager walter Barry. While the City ordinances and City Charter certainly provide for th~ rotention and payment of attor.ney's fees, including Qllt.side counsel fees, necessary for the defense of current or former employees, we ,have some reservations regarding the payment"-of this bill at this time since no allegations or charges have been levied, against Mr. Barry individually con~ ~erning the Irene Montalhan matter or any other matter at the present time. This matter is be.l.ng presented to you for guidance as to wheth(~r or not you believe that these fees should be paid at the present time or held until such time. as a formal action be instituted. alleging some conduct within the scope of employm~nt by the fonner employee. ~#q¡' HT:sh cc; Malcolm 't. 'Bird, Interim city Manager David M. Huddleston, Director of Finance Lee R. Graham, Risk Management. Director I..ouis Williams, Esq. . CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 28,90 16:26 P.05 . : ~ y..) II ð 1 l' <"::'~¡"~~í IJ (V"'~,"t'" /)-"v.,0', .",,~i~W~Ef~ " ' Q " .I "' _ J.r. /I""'~'" .,'.' ,,', ~- ",,~ ' [IT, DF DELAAY BEAE~... ~,;'! . CITY ATTORNEY'S OFFICE 310 S.E. 1.1 STREeT. SUITE" ()gl.RA Y BEACH, HORIDA 33483 401/243-7090 TCLECOPIER 401/278-.4755 MEMORANDUM Date: NO\l"ember 8. 1989 To: Citv Commission MaicC\lm T. Hird. Interlm City Man,o.ger From: Herbert W. A. Thtale, City Attorney Subject: FOllow-up IníormRUon Concernlnp: Bll11n!s for IJE'qal Fe~f' F~C)m Former City Manager Walt~r Barry ____,"'~___ ___,__._ As a foJlow up to my recent memorandum to you concerning thf.' òilling-F f.:ubmltted hy former City Manager WaJter Barr~r (which item was dele tee e.t Mr. :Barry's request from your agenda ,-{}f October 2.4. J989), please fihO attacheð appropriate provisions related to this subject. The applicable ordinances, statutes, and charter provisions concernir~ this are found ,In, Florida. Statutes 1111.01. the City Charter at See,tious 4.07 Rnd 4.09t anõ In-.the Cityts Code of Ordinances in Sections 31.Jfi 8nd 31.18. If ~{ou ha"re any questions concerning this matter, please cl."ntnct the City Attorne:r's Office. . ' Once M1'. BSJ'ry or his attorney have request~d that this mRtter be ap.:ajn agenð8.~d tor your consideration I we shalJ bring the matter to YOU1' attentkm. In the inteJ'irn, if you have any questions, please contact the City Attorney's Office. jt;~ 1rT1 hw Attt\chmentF cc: Daviõ M. Huddleston, Director of Finance Lee Graham, Ri8k Management Dirp.ctor Louis WiI11arns, Esq. , . CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 28,90 16:26 P.06 '. :. ~ l.Q J CITY DF DELAAY BEACH I CITY AiIf*TORNEY'S OFFICE .11 n SI , 1.<1 STHITT, SI' 1'1 , DI'LI{A Y BEACfI, ¡'LORIDA 33483 HI .ú?/~'¡J. ï(j911 TU,ECOf'IE¡~ 407/2784755 MEMORANDUM .c¡ate; Novcmbar 14, 1989 To; City Commlssion Fr.om; Herbert W.1\. Thiele, City Attorney SUbject: Renewed Request Frœn Walter Barry For Payment of ? Attorney's Billlng For Irene Montalban Matter On Saturday, Pctober 28, r l'eceived a tel~phone call from former CJ. ty M,na!1er Walter Barr}r whi.ch requested that I placa the matte,r of the authorization for payment of the billings received by Mr. Barry from Att'orney Louls Williams back before the City Commission. It is my understanding that he has dtscussed,. this. matter with one or more ComrrÖ,ssioners and has agreed to delete from that'bill a. segment related to a conver- sation between Attorney' williams and his spouse. All other ~ pOI'ti.ons of t.he b11JJ.ng remain the same. Once again, since this is a matter of first impression for which the City At:.t:orney's Office requests direction, from the City Commission, by copy of this memorandum to the City Manager' S Office, we arc requesting that this matter again be .Placed on the appropriate portion of the next City Commission t"egular meeting. .. . ' -; \Yor your information and aSSistance, attached hareta please .find copies of relevant. pO.t'tions of the Jnorida Statutes and Clty Chartar dea.ling wi th pa.yment of attorney'S fees, as well as two cases on the subject that arc of some interest in this matter. If you have any '1u~st1')ns or if you would like to discuss this matter furthf:~r in advance of your consideration at the City Conunission meeting, please contact me personally at your earlie5t convenience. ~h Attachments cc: Malcolm T. Bird~ Interim City Manager Elißabeth Arnau, City clerk David M. Huddleston, Director of Finance. Lee R. Graham, Risk Management Director 1,0\115 Williams, Eag. CITY 407 278 47S.S. ~~o v 28,90 16:27 P.07 . . . Ch.111 PU8L1C OFFICERS; GENERAL PROVISIONS F.$.11'1 '(a) The plaintiff requests dismissal of his suit; or (1) Any county. munÎcipality, politìcallubdilllsion. or (b) $uch law enforcement officet' is found to be not ag$ncyof the slate which has been excluded from par· liable or not guilty, ticipatiOn in the Insurance Risk Management Trllst Funo H_/lMy.-I, I. C~ ""1.. is authoriz:ed to expend avaUable funds to pay: 111.07 0..... of eM! .otion. aoeinet püÞic offt. (a) Any final judgment. including damages. coSts çt,.. fmPIOY.... or .Ø"tI.-Any agency of the state, and attorney's fees, arising from a complaint for dam· Or any county. municipality, or political subdivision of the ages Of injury suffered a$ a result of any act or omÍ!~slon state, is aUlhorized to providf an attorney to defend any of action of a"y officer. employee. or agent in a civIl or Clyil action arIsing from a complaint for damages or injury civil rights lawsuit de$(;rÎbed in $. 111.01. If the CIvil ac· suffered as a result Of any act or omissIon of aChon 01 lion ~rjses under s 768.26 as a tort claim. the hmitatlons any of its bfficers, employees, or agents lor an act or and provisIons of s, 768.26 goyernlng payment snail ap, omission I1nsing out of and in the scope of his employ· ply. If the action Is a civil rights aclion arising under 42 me"t or function, unless. in tI·~ case of a tort action. the U.S.C. s. 1983. or similar federal statotes. paymenlS for officer. employee. or agent acted in bad faith. with ma/i· the full amount 01 the judgment may be made unless Ihe ClOYS purpose. or in a manner eJr;hibiting wanton and will- officer. employee. or agent has be.n determined in the lul disregard of human rights. safety, or property, Oe- final judgment to haye caused the ,harm Intentjçnally. lense of such civil aClion includes, Þul is not limited to. (b) Any compromise or settlement of any ctaim or IlIi· , any civil tights lawsuit seeking relief personally againsl gatìQf1 as described in paragraph (ð). subjecllo the hmi· the offIcer. employee. 0( age"t for an acl or omissi(;)n un· lations set forth in that paragraph, de' color Of state law. custom, or usage, wherein il is al- (c) Any reimbursement required under s. 111,07 for leged thai such officer. employee. or agent has deprived court CoslS and reasonable attorney's fees when the anOlher person of his rìghts secured under Ihe Federal county, municipality, political subdivision, or ageocy of ¡ Conshlution or lews, Legal represl!lntatio.n of an QHicer. the stale has faíled 10 provide $n attorney and the de· I employee. or agent of a state agency may be provIded fendant prevails, by the Deparlment of Legal Affairs. However, any aUor· (2) For purposes of this s~ction, a "final jUdgment' ney's fees paId fr~ public funds for anh ~fficer, employ- means ~ judgment upon completion of any appellale ee. or .agent who IS found to be persona Iy liable by virtue proceadlngs, of achng oulslde the scope of his employment. or was (3) "Agency of the stale· or ·state agency:-as u$ed acting in bid faith, with malicious purpose. Or in a man· In -'hiS. section. includes an executive department. a con· ner exhibiting wanton and willful disregard of human sUlutlonal ollicer. the Legislature, and the judicial righls, safety, or property, may be recovered by the branch, ~ slate. county. munioipality, or political subdivision in (I (4) ¡his seclion is not intended to be a waÎVer of sov- eryilactio.n. aga.iflst such ottlcer. employee, or agent. It ereign immunity or a waiver of any other dafe",e or im· . an~ ~gency '0,' ~~tntate or any county, muni¢ìpality, or munity to such lawsuits pOlitical subdIVIsIOn of the slate is authorited pursuant 1111101y.-. 2. ch ~-I39: II, 2. 3. çll IÞ--271 I to this ,s~cton to provide an attorney to. defend a civil ac· j 111.072 Pro\,¡.lon of InJurance In anticipation of 1 lion arising from a complaint far damages or injury suf- 1 i fered as. a result of any act ar omission of aclion of any Judgments ot I.ntementa against OfficeR, empto,...., ! of Its offIcers. employees, or agents and fails 10 provide or agents of any county. munlclplUCy, or political tub· i suCh attorney, such agency. counly, municipality, or po- d~v¡l~on.-Any county, municipality. or poIitlcal8ubdivi· litica! subdivision shall reimburse any such defendant Slon IS authorized to be self-insured. to eoter into risk ": I who prevails in the action for court costs aM reasonable management programs. Qr to purchase liability in sur· attorney's fees. ance for whatever coverage it may choose or to have , .......~ '." ".".. ,. ~ l'''' .... ...,,, · .. .. ...,,, , any combin$tion Ihereof in antícipation of any judgmef'lt I, c~ 1).183 .' , or settlement which its oWc.,-s, employees, 0( agents 111.011 Payment f Judgments or ..ttlem."tl may be lIabte to pay pursuant to a civil or civil nghts law· , ag.in.t certain public OffIC',. or 'mptoY"I,~ suit described in s. 111.07. MI*".-t, ), ell, 79-139 11 II 11 11 II I 11: 562 . TEL No . 407 278 4755 Nov 28,SJO 16:28 P.08 CITY RTTORNEY'S OFFICE \ l4 ~ . , 9 DtLMY BEACH CHARTER Section 5. OJ . . ' (h) Th. c;o~mlsllen Ihall ðes19nate ~he cOI\\~i..10n. Aulstant city attorney. i the depository or depoi1~orle. eoe city May be removed with or without eaUI. by fundal shall rrov1de for the r.gular the city attorn.y. d.po.lt of al c1ty ~on'Y., and shall (c) COtII1M n.at Ion. Th. commlulon ptOvld. foe the proper l.cu'l~y of all ci~y d'posit.. may, ftom ti~e to ti." fix the r'9ular ccmpen.atlon of the e(ty attorn.y, anð (1) An lndepenðent audit .hall be a..i.t.nt city attorn.y., if any, at . made of all accounts of the city sum commen.urate with the ðuties which 90v.r~.nt at least annually, and mere ~ay be imposed on them by thl. chactet fcequently tf ðeem.d necessary by the and by the commL.sion, rrovid.d, that all commi..ion. Such audit Ihall be Made by spaci.l Ot unu.ual ..,~ ce. requit.d of oert1fied publlc Accountants experienced the city attorney and a..istant etty in .uni~tpf.l otccountin9, and whe .l\al1 attorn.f" if any, .ay be .pecially have ,no Pé"onal lint. cut, direct or compen.ateð .a the commi..ton may .e. rit lndlc.c~, in ~he flse.l atfa1r. of ~he to pro'li ð. . city 9QVe'nM.nt, Or or any or tts (Ord. 4-76, pa...ð ~·23-76, A~t. at Rer., ofricecs. The condensed audtt shall be 2-2-76J Am. Qr4. 9-83, pa...ð ~25-83, publl.hed within thirty (30) days after App. at ltet., 3-1"83) receipt of the lamP.. An annual repoet of S~ctJ.on 4.09. the city bUllne.a shall be made available O~tIES or LE~LOOUN9IL. to the public ~y the clty manager in IUCh form a. will di.clo.e pertinent facts The city attorney with the a..lstane. concecning the .ctìvi~ies anð finanoes of of the city clerk .hall pre pice .11 the city government. ordinance., atl conteact. and oth.r (Ord. 4-16, p....d 2-2J~76, App. at Ref.. in.truments 1n wrltln9 in which the 2-:2-76) municipality i. cono.cned, Or .hall enðoc.e on each, hi. app~oval .. to S ec t1 on 4. 06. stnttRVISt0t! ot DEPA~TMENTS. foc.. NO contract with the mun1c1rallty .hall be binding upon the muntcip. 1ty Wlth the approv.l of the commission. until the city attornt1 h.. tndor.ed hi, the MAn'gec ~ay serve as the head of one approval thereon, and this provillon Or more departm.nts, of fie.. or 4q.ncle. .ball be strictly consttutd by all court. er nay appoint one person as the !)ead of of, thill stat.. When "qui red by the two (21 o( more Qf them. commission. the city AttQrne1 shall (Ord. 4-76, pused 2-23-76, App. at /teL, proseaute and ðeCend, for an in b.half 2-2"''761 of the city, all complai~t., suit. and eontroverstes In which trhe elty 1. a hQ~io'l, ,..01... W:CAL COUNSEL. pat ty. Thet. shall be a city attorney and The city attocney shall !utntsh the suCh assistant city attorneys .nd special commission, city manager and department counsel a. the commission shall ð..m he.d. hi, opinion on any question oC law n.ceUAry. They shall be responllble to relatlng to ~~eir re.pective powers and the commlsslon for all le9a1 matters of duties: and he shall perform such othec ~he city placad In their charge by Or prof.,slonal duties as may be requirea of undee this Chartec and such other duties him by ordinance, r..olutton or motion ot .. May be required by the commission. the commission, by this charter or by (Ord. 4-76, pused 2-2)-16, ApI'. at Ref., I pee i al ao t:s . 2-2-76) Sect1en 4.08./ LtCAL COUNSEL APPOINT~NT, A.statant city atto'n.ys Inall perform thO.. dùt1e. a.s1gned them by the REMOVAL AND QOMPENSA't'ION. city attorney. Speclal coun.el Ihal1 pètform thole dutie& .Sli9ned th.m ~y (a) Appeln tment. The comml:n Lon commies ion. shall .ppolnt a oity attorney, luch (Oed. 4-76, passed :2"23 -H. ""p. at Ref., al.istant city attorneys ðnd speciai 2,2-76) counsel && ~ay b. deemeQ necessary. The city attorney and assistant city ARTICL! V. ELECTIONS attorneys. if any. ~hall be ap~ointed oy commission for an indeti n1 te term by Section 5. Q1. ELEC'l'ORS . majority vote of the commission, the city attorney to Serve at the pleasure of Any perlon who ts . r..ldent or the commission. Spacial coun..l may oe municipatity, who ha. quall!ied a. an appointed as the need arise. and shall elector of this state, and who r.91sters ..eVe at tha pleasure of commlllion. in the procedural mann., pce'~rib.ð by general law and ordinance ot the (b) Removal. ~he city attorney anõ ~uni~ipa11ty, shall be a qualified .peclal counsel. at all times, shall hold ele~~or of the municipality. officI at the pl.alute of A majority of (Ord. 4-76, pa..eð 2-23·'6, ~pp. at Ref., 2-2·76) . No. 407 278 4755 Nov 28,90 16:29 P.09 ,I(" CITY ATTORNEY'S OFFICE TEL ~' ~ . 11.05 OELMY UACH CITY OFFICIALS AND tKPLOYEES 6 . 5 H.05 CIT~ ^~QRNEY: QUALIFrcATIO~S. p.rfoc~ance of public duties of the perSons Ie actinq; ,nd The CLty Attorney eh,ll b. a le9,l (0) W.re not willful, wanton, or resident, or have hi. principal ottic. in the city, at the ttme of his appointment malicious. .n4 c!urinq his tf¡r\l.IU of offic~. ('80 Code, , 2-6(c;) ('80 Cod., S 2-41 it.tutory r.ferenc.f ~ro.a-c.fer.nce: Payment of jud~ents or settl.ment., Legal counsel for c{~y, see Charter see r.s. S 11.071 S.ctions 4.07 thtouqh 4.09 Authority ot c;ity to obtain ind.mnity in,ur.~cer ... r.s. $ ll1.Q72 LtGAL b~rENSE AND INDEMNIFICATION 1tU1a1a.nÖif'. IUG1mt.. Or orrICIALS ANO EMPLOYEES t 11.11 5 H.15 Cr:lIN t'rt ON. Th. und.rteklnî of L'9&1 d.fens. by the cLty un4er J 3 .1' of thls aubchapter ror the purpoa. of this lubchapt.r .hlll autalatlcally be under & the following definLtion ahall apply re.ervation ot eights tl91tdlny the unles. the cont.xt clearly indicate. or eligibility of the subject cl. ~ for the requina a d1fftnntmeAl'linc¡. - benefits ptovlðed by this subchapter. ('SO Code, S 2-6(ð) ·CITY OFrICIALS AND EMPLOYEtS." The MI~Ot, CQMmi.sioners, a11 appolnted j }l. 19 NO WAIVER or ,DEPtHS!. officere of the city (Includ1n9 the ~e~bet' ot the City Rouslny Authority, Noth1n9 1n this subchapt.r shall be all board member., commiis on member., or construed to walve any defense in any committe. m~bers of the cityl and all Iction which would be available, tn the aðminiatrative personne! and .mployees of abaence of thL' lubch.pttt, to the city to he c 1 ty . or individual Cit{ Official. or ( '80 Code, 5 2-6(&)) employeea, incluð n9, but not limited to tho;e derenae. which could be a'lerted 'c--U' .11 JUO", or REPReSENTATION. unde( r.s. 5 768.28, Or any succ...or _n ,,,. statute thereto. the City Attcaney's cffice, insurance f'SO Code, 5' 2"6 eel defenae counul, if appl! cable, or other Statutory ref.rencel counsel appointed by the City Commis.ion shall undertake the r.presentation Ot Payment of claims arising a. tort defense, w~thout charge, of city a~tlon under F.S. S 768.28, see officl,ll and employees with respect to F.5. S 111.011 any claim or cau.e of action ariling out Payment of claims .ti.ing under Civil of or c.lated to the performance by the Rights Act, .ee r.B. S 111.071 clty offlci.ls 0' employees, as defined by S 31.15, of th.ir public duties. I (/80 Code, 52"6(b) I Statutory reference: Delen.. of civll .ctj~nl ~9ainlt PUblic officers O( employe.s, see F. S. , 111. 07 , 31.17 INCEMNIFIC1ION. City olficlals br employe.s who are peClonllly li,ble for the payment of any claim. ae stng OUt of a civil action, settlement, or ~Udgment, or the expenses, co.ts, and ,war. of attornèy'. tees atiaint theeefeam Ihall be entitled to lndemn flcat10n from the city (except to the extent the city's insurance coverage prov1d.. payment) wnere the claim . reauH..d fcan actlvitIu: ( "I Which Wérlil done in good faith; (81 In wh1ch the c~tl has an in tee.. t (e I Whlc~ wee.' ~1thin ~he couc.e of emplQymenl Qr In th~ co~rle of . CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 28,90 16:30 P.10 V.J~ .. ~" u.... ¿.... .......L. ~ ..... ~ 'III" .... _.. .. -. ... - --..... - ..... . . .. . .. . .... ,- . - , . . . U U . .' . . .;. . .,,- tlTY DF DELAA' BEAEH;'.! a . . f.¡ \, ;0 \! CITY ATTORNEY'S OFFICE JIO$.I; 'JISUll.:f.T.SUIT' " .'0"/24)·'0411 ~ November 30, 1989 !.ou.\S L. williams, E¡sq. ~~11t!1(~1' 1 w\. \.kcr.son & Halvot'&on Sui'l,(.~ 4~D Barristers Bu.1.ld1uSl BY FINANCE ! lGl~ For\&ftI Place West. Palm Beach,Ft. ;\')40)"';:382 . I Subject: ~ou~ Client: walter o. ß~~ry i 8111.~~..!'tefêr!nce No. ~Jl) Deal' Mr. Williams: t ~ lease Þe advised. 1;h«t. tho Cit.f CQmmission of the City of . , Ðel~...y 8eacb, at i 1:&. rø¡u.lulyscbeduled meet1ng of November- , 291 1989,. approv~.~:-;the, payment of, YQur bill for: services , rendered to Walter 0.' BarX"y" in t'efcrence, to the lrene Montalban m.ttcr. A check in thè~ amount of $1,166.30 will be forthcoming I" as soon as the: check" ; request ho.$' clQared through the F1nance , I t>ep~ènt.~¡'!·~\,~,\w.¡~.".~·~~t:;;,::.,,: <,',' .......... ,t, "" :"" ,- .. . (:',' I ~ '\; I' ,. . ~ - The City cOI\VQlssion",; howevex, further indicated that: t.hey would nQt pay any f.\1rthe~:bl11s relative to this matter unless there .t \ I" has been prior Gutbórization from the City Commission for s~ch eXpenditures &D4 further, representation. , ~. ,', i ' ,', ':') , :If you. &houlc1 hAvo any 'questions con.c~rning 't.h1s matter ¡please do not be81tA~e to ,contact our office. '. Sincerely, ..... Bys ,",SIC, : $h âC: Clty COnIn1..1on Malcolm ~. ø~rd, ~n~.r1m c1~y NanAger 4IIOav1d .',.. ;',:"ftUðl\l...'toDi::,iitinanco D1rector Walter O~' 'Barly ,:'., '.' "," ' "',--~':";,, "\,,, .'... ~:',{;·!:i.~:~;t, :";" .:, CITY RTTORNEY'S OFFICE TEL t~o. 407 273 4755 Nov 23,90 16:30 P .11 \ /,. -, . U V ~W 6~(k . "<.;.,::..i;'~\, "I: .,~,,,;,,:... :1'· ;''"1''·''''''1 :";if~,:,1f.': . tlTY DF DElAAY BEAÈH ~ ~~ CITY ATTORNEY'S OFFICE J I 0 S.£_ 1st STREET, SUCH: 4 DELRA Y ¡¡tACH. FlORIDA 33483 407n4).7090 TELECOl>lr.R 40112784155 r)(~~,:.'~1,.,b~~'[" .,. lq39 [.'.)u1:; L. Wj LtÜllns/ Es)(uil'(~ S ~.1i t:: ~ 41') J Ba~risters Ðuilðin~ l(,l.~, FOl'D,", Way ~asL Pdlrn BQdCh, F~ ::n~Ol Subj¡-;-(;c: Paymcwt f,,:¡l' pt'o:Eesslonal Sar.vi,ces Rendered T"¡t:... f:,';, L(;W:t ~ : P.l ~,~~,c b~ advised t. 11a t. t.ì:lf~ Ci t~r çommissìon of tÙe City 01 f.hdl"6Y BC<1ch disc:u!:H;cd the payment of the bill for profeasioni:ll ~,~.,:!.\il;f,':s l"endered 'tJhich you, had submitted t.:o Walter Barry, and v:h.i.ch Mr. Barry subsequently submit,ted 'to the City Attorney's Off ice h'\r ~atters related. to the Irene Montalban allegat.ion. T) I), r: t.o son:\e conce1::ns over the timeliness of the billing and othør matters, the City Commission has instructed me to inform . you that they shall pay for the bill as submitted (less a small pot:tion -dealing wi.th a telephone conversation wit.h Walter Barry's spouse, which will be paid by Mr. Barry himself) / but that. no further legal fees should be incurred by Mr. Barry t.'hroug'h yourself for. which the Ci:ty will be responsible regar.d~ .1(\g this matter unless and until t.he City Commission expressly agree~ to authorize such additional expenditures. We apprecia.te you-r unders.tanding and consideration with r.egard t,o t.his matter. 1 f you have any questions, please cont:act me p<:?rsonally- Sincerely, 01:'FI CE OF 'l'1-IE CITY ATTORNEY çrTY ~y BEAÇH, FLOnrDA H}- : Herbert W.A. Thielo, Esq. Ci:ty Attorney HT~ep l;C: <:.lty Commission Malcolm T. Bird, :rnt".erim Ci.ty Manager John 1$lliott, þ.$st. ctty Manager . Marty Ritchason, Personnel/Labor Relations Director Dav.i..d M. Hu.ddlestQn, Director of Finance y.vonn€ Kincaide, Budget Director wêd 1:é~;r' Barry CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 28,90 16:31 P.12 \. .: -0 · U Vice-Mayor MoCarty sugq«uted that they send a letter to Chairmen and Vice-Chairmen of all boards 80 that they understand roll. 27. A roval of hQvertis@ment for Cit Mana er Position. The ëõiiimisdon IS to O'ons er a request rOm t e y Manager Se ection ComrnH.tee to approve ad to be useð to solid t applioants for the City Manaqer position. . Vice-Mayor MOCa.:tty stated the Selection Committee has a pro- poseð advertisement for the Commissión to approve tonight which will be adve:rtised in their fiut available issue in December and ac¡ain in January. Ms. BralnerQ stated that, basically I she 1e reaðy to move approval of this; however, there is sorne verbíðqe which states.that. they want someone with hi9h inteqrity and ethics. She stated that it Would 90 without saying that someone would have those. Vice-Mayor McCarty ~tated that when they had a professional tirm do this last time, they included that h.nSuag8 in the ad. Tha Selection Committee looked at that as a model and included it. Ms. Brainerd moved to l1ppt'ove theverb1age tor the advertise- ment for the City Manager position, seconded by Mr. Andrews. Upon roll call the Commission voted as follows; Mr. ~ndraws - Yes¡ Ms. Brainerð - Ye$; Ms. McCarty - No; Mayor Campbell - Yes. Said motion passed with ~ 3 to 1 vote. (Note: Mayor campbell returned to the Commission Chambers prior to roll call). Before roll call the followin9 discussion was had: Ms. McCarty st~ted that the Committee had originally sugge8ted that an MSA or MPA would be desired or preferred!, in the ad which the City did previously I it was required. In the ad presented tonight neither or these are presented and she questioned if it is a typo or did they consoientiously withdraw it. ~en Ellingsworth advised there, was a ahort discussion that the seven year tenure suggested would be rnore desirable than havinq a De9ree. »e. McCarty stated. that when they look at salary range, they have a right to expect that they \iould have An aðvanced degree or at least prefer one. She would like to 8ea the original lanquaqe, where they had stated that I. degree would be preferred or desired. She 1.180 auqqested thAt at the end of the ad they add the 1nformation "selection to take pl(Loe after March eleotion" ø(:¡ that the applicant-IS understand the time frame for selection. i I , Mayor Campbell returneð to t.he Commission ChalllÌþen at this dine. Ms. Brainerd stated she does not thin~ that a piecH of paper 1s a measure of the person. At this point the roll was called to the motion. 28. Re9uest lor Payment or Lerl Fees. 'L'he cOI1lßlission is to Cõñsider a request from former City anager Walter Barry to pay legal fè8S in the amount of $1,166.30 for services rendereð in preparation ot defense against alleged sexual harassment and discrimination char98S. , ~ Assistant City Attorney Kurt: advised That it 1s the reco~en- , dation of his Office that if the Commission wan'i. to ap;-;:o1e this, they approve the payment of this bill but do not au~,orize the continuation of the leqal services ~t this point in time. Mayor CampÞell stated he feels it would be appropriate to get a memorandum as to what the City's obligation 1a and, if they do ðecide to 90 forward. they qet some information on the hourly rate and projecteå cost. -10- 11/28/89 ,c I.T~J ~RTTORNEY' S OFF I CE" TEL No. 407 278 4755 No \/ 28,90 16: 32 P. 13 , . . ~ ~ MS. McCarty $tated she is in aqreement with the City Attorney's Office that they not 90 forward until the Commission authorizes it. MS. McCarty moved to approve payment of the legal fees, 5econrj- ed by Mr~ Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes Ms. Srainerð - No¡ Ms. McCarty - Yes; Mayor Campbell - Yea. Said motion passed with a 3 to 1 vote. Before roll call the following discussion walt had: Ms. Brainerd stated she i8 not arquinq the fact that they have authorization, le9ally, to provide attorney services for any City employee when they are sued for actions taken in the Hne ot duty. Her only objection to this claim is that she feel&: it is prem~ture; this individual was not sued and he solicited attorney's fees outside of that scope of responsibility. At this point the roll was called to the motion. CONS~p~T AGENDA The following items were considered by the ,Commisfìion A8. the Conlile,lnt Agendat 29. Requeat for Payment of Legltl !'liItUI. The Commission ia to ëõñaiðer a request for payment of le9a1 fees in conjunc,tion with the Palm Beach New8papers, Inc. VI. Charl~8 Kilgore case. This request i. for fee8 in the amount of $3,622 tö be paid to the' attQrney - for palm Beach Newspapers, Inc., as mandated by the· 'Public Records Statute. Approval 18 recoml!lendeð, subject to de~ermÍ-nation. that the, fee amount is reasonable. .- 30. Ratification of Chamber ofCommeroe APPointment to the Hutn4n Reìations Committee. The Commission 18 to oons1der ratifying the Chamber of Commeroe appointment of Dr. Jay Alperin to the Human Rela- tions Committee to a term ending March 15, 1990. 31. Ratification of kmendment to Interlooal ~gr8emènt. the Commis- sIon is to consider ratification of amendment to interlocal agreement between the Ci ty and Ci ty of Boynton Beach adopting the standards for discharge of wastewater as specifieð in the Industrial Waste and Pre- treatment Agreement. Approval is recommended. 32. Ratification of First Amendment to Industrial Waste and l're- tr'Eiatment Agreement. The CommissIon i8 to consider ratification of amendment to IndustrIal Waste and Pretreatment agreement which sete the limits on disposal of hUllrdous chemicals into the wastewater system to meet the ~nvironmental Protection Agenoy's standards. Approval is recornt\\ðnded. 11:. Ratification of Change Order No. 2 - Cit~ Hall ExpaO$ion pro,ect. The Commission is to consider approving Change order No. 2 in tne amount of $37,969. This ohange represents an increase in contract for proposed interior ohanges. Additionally, a seven calendar day time extension 18 requested to implement those chanqea. The Interim City Manager recommends approval with fundin9 from the 1987 Utility Tax Bond interest earnin98. 34. Final Plat APproval. The Commission is to conaiðer app~oval of 1Tñal plat for Royal Commercial Park of Delray (R&N) located on the east side of Congreas Avenue behind the Exxon Station on Atlantic Avenue. Approval is recommended. , 35. Final Plat, Approval. 'l'heCommluion 1s to consid$.It' app~ovd for Fountaine Fox Reuse (ocean Apple Estates) located on NO.t'~h Ocean ßoulevard, betweenN.E. 8th street, and Be&ch Drive, extending from the Atlantic OCèan to Andrews Avenue. Approval 1s recommended. ~ Temporary Tent Permit. The Commission 1s to ~onsiàer approving a temporary tent permit for the Delray Beaoh Historical Society to erect a tent on the grass west of Cason Cotta98, from December 1 - 4, 1989, -11- 11/28/89 - M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER b~ SUBJECT: AGENDA ITEM #= I2.A - MEETING OF DECEMBER 4, 1990 ORDINANCE NO. 58-90 DATE: November 30, 1990 This is first reading of an Ordinance amending the Land Develop- ment Regulations to limit the prohibition of the sale of second hand material within businesses located between North 1st and South 1st Streets to only those businesses lying on Atlantic Avenue. This ordinance was originally before you at the November 27th meeting; however, it was postponed until this meeting in order to give the DDA and the Planning and Zoning Board time to review this issue and make a recommendation. Recommend approval of Ordinance No. 58-90 on First Reading. CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 29,90 12:24 P.02 t ORDINANCE NO. S8-~O AN ORDINANCE OF THE: CITY COMMISSION OF THE CI'fi OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.13, "CEN'l'RAL BUSINESS DISTRICT", SUB- SECTION 4.4.13(H), "SPECIAL RBGULATIONS" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY' OF DELRAY BEACH, FLORIDA, BY AMENDING PARAGRAPH 4.4.13(H) (1) TO LIMIT THE PROHIBITION OF THE SALE 01' SECOND HAND MATERIAL Wl'1'HIN BUSINESSES LOCATED BETWEEN NORTH 1ST AND SOU'I'H 1ST STREETS TO ONLY THOSE BUSINESSES LYING ON ATLANTIC AVENUE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DSLRAY BEACH, FLORIDA, AS FOLLOWS~ Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, "Zonin<¡ District", Section 4.4.13, "Central Business District", sub. section 4.4.13(H), "Special Re<¡ulations", of the Land Development R8<¡ulations of the Code of Ordinances of the City of Delray Beach is herehy amended by amendin<¡ to read as follows: (1 ) The sale of second hand material other than verifiable antiques, shall not he allowed wi thin businesses located hetween North 1st and South 1st StreetsT~ which have frontage on Atlantic Avenue. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word he deolared 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 thiS ordinance shall become effective after passa<¡e on seoond and tinal readin<¡ and shall apply to services rendered commencin<¡ on November 1, 1990. S~ction 4. That this ordinance shall become effective immediately upon passage on second and final readin<¡. PASSED AND ADOPTED in regular session on second and final readin<¡ on this the _____ day of , 1990. MAYOR A'r'l'EST: City Clerk First Reading Second Reading I "fI"' - M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER M SUBJECT: AGENDA ITEM 11= , 2. ':ß - MEETING OF DECEMBER 4, 1990 ORDINANCE NO. 59-90 DATE: November 30, 1990 This is first reading of an Ordinance amending the Code of Ordinances by amending Chapter 52 "Water" to provide for an increase in the various rates and charges associated with water service both inside and outside the City. If passed, Second and Final Reading will be held on December 11th. Representatives of Ernst and Young will make a brief presentation of their rate study in conjunction with this first reading. Recommend approval of Ordinance No. 59-90 on first reading. ~} ORDINANCE NO. 59-90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBHEADING "METERS, SECTION 52.16, "TESTING OF METERS", , TO PROVIDE FOR AN INCREASE IN THE SUM REQUIRED TO BE DEPOSITED WITH THE CITY TO COVER THE COST OF TESTING ALL THREE-QUARTER INCH THROUGH TWO INCH METERS AND INCREASING THE MINIMUM DEPOSIT AMOUNT REQUIRED FOR TESTING OF METERS THREE INCHES AND LARGER; BY AMENDING SECTION 52.18, "REMOVAL OF METERS WHEN SERVICE DISCONTINUED; TEMPORARY REMOVAL SUBJECT TO RETROACTIVE BILLS", TO PROVIDE FOR AN INCREASE IN THE SERVICE CHARGE FOR REMOVAL OF WATER METERS; BY AMENDING SUBHEADING "RATES, CHARGES, AND FEES", SECTION 52.31, "CONNECTION CHARGES", TO PROVIDE FOR AN INCREASE OF THE ! WATER CONNECTION CHARGE FOR BOTH RESIDENTIAL AND j NONRESIDENTIAL CUSTOMERS AND INCREASING THE VEGETATION ¡ I WATER METER CONNECTION CHARGE BASED UPON ONE INCH INCREMENTS, OR PORTION THEREOF, IN METER SIZE; BY AMENDING SECTION 52.32, "METER INSTALLATION CHARGE", TO , PROVIDE FOR AN INCREASE IN METER INSTALLATION CHARGES, 1 BOTH INSIDE AND OUTSIDE THE CITY, BASED UPON METER , SIZE; BY AMENDING SECTION 52.33, "DEPOSIT TO GUARANTEE ¡ PAYMENT", TO PROVIDE FOR AN INCREASE IN THE , t GUARANTEE-OF-PAYMENT DEPOSIT REQUIRED FOR SINGLE FAMILY RESIDENCE, MULTI-FAMILY, NONRESIDENTIAL AND VEGETATION CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY; BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION (B), t ì I "MONTHLY RATES", TO PROVIDE FOR AN INCREASE IN WATER RATES, FOR BOTH RESIDENTIAL AND NONRESIDENTIAL ~ CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY BASED UPON CERTAIN CUSTOMER, CAP AClTY AND COMMODITY CHARGES TO k·~ì. INCREASE SAID CUSTOMER, CAPACITY AND COMMODITY CHARGES; BY AMENDING SECTION 52.36, "CHARGE FOR EACH TIME WATER IS TURNED ON", THE PROVIDE FOR AN INCREASE IN THE . "- CHARGE FOR EACH TIME WATER IS TURNED ON; BY AMENDING 52.38, "SERVICE CHARGE FOR AFTER HOUR CALLS", TO PROVIDE FOR AN INCREASE IN THE CHARGE PER SERVICE CALL FOR ALL SERVICE CALLS MADE AFTER HOURS; BY ENACTING A NEW SECTION 52.39, "OTHER FEES", TO PROVIDE FOR A . PROJECT PLAN REVIEW FEE, A PROJECT INSPECTION FEE AND A UTILITY STANDARDS FEE; BY AMENDING SUBHEADING "BILLINGS", SECTION 52.52, "RESUMING SERVICE AFTER DISCONTINUANCE FOR DELINQUENCY", TO PROVIDE FOR A $10.00 PENALTY FOR LATE PAYMENT IN ADDITION TO DELINQUENT CHARGES; BY REPLACING, THROUGHOUT THE CHAPTER, REFERENCE TO DIRECTOR OF PUBLIC UTILITIES WITH I DIRECTOR OF ENVIRONMENTAL SERVICES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That Section 52.16, "Testing of Meters", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Any person using a water meter may have the same tested for accuracy by the city by requesting the test from the City Manager and by depositing the sum of S.ø $100 for all meters 3/4-inch through two-inch, and the actual cost of the testing with a minimum of S.ø $100 as determined by Director of Environmental Services for meters three inches and larger, ORD. NO. 59-60 '!¡ with the City Manager to cover the cost for the testing. If the test reveals that the meter is accurate. the sum paid shall be retained by the city; if the test reveals that the meter is inaccurate and to the detriment of the user. the City Manager shall have a new meter installed for water use. and the sum paid will be returned to the person depositing same. Section 2. That Section 52.18. "Removal of Meters when Service , Discontinued; Temporary Removal Subject to Retroactive Bills". of the Code of Ordinances of the City of Delray Beach. Florida. is hereby amended to read as follows: At the option of the Water Department. the water meter may be removed by the Water Department whenever water is cut off. either by request of the consumer or by the Water Department for nonpayment of charges. or for other reasons. and a service charge of Il« $20 plus $60 for the actual costs of replacement shall be paid before water service is resumed. Any meter removed at the request of the consumer for less than a 12-month period. shall not discontinue billings for customer and capacity i charges. and those charges may be billed retroactively for that service in i a lump sum upon reinstallation of the meter prior to the expiration of the ¡ 12-month period. , , ì ' Section 3. That Section 52.31, "Connection Charges". of the Code I of Ordinances of the City of Delray Beach. Florida, is hereby amended to 1 read as follows: (A) Required. In addition to the meter installation charge. , , there shall be connection charges as follows: ¡ (1) There shall be a water connection charge of Ilß0 $788 per residential dwelling unit. A residential dwelling unit is herein defined to be any family living unit. and. where two or more families are living on the same premises. each shall be considered as a separate resi- t'I'.,. dential dwelling unit. In apartment buildings. condominiums, cooperatives. I duplexes. resort dwelling units. and the like. and per each trailer space ~l' in a trailer park. each living unit shall be considered a separate residen- tial dwelling unit. f (2) There shall be a nonresidential water connection charge which shall be based on Il00 $985 per one-inch increment. or portion thereof. in meter size. (3) There shall be a vegetation water meter connection , charge which shall be based on Il00 $985 per one-inch increment. or portion thereof. in meter size. (B) Exceptions to water connection charge. Any structures that would ordinarily be subject to the connection charges set forth above shall be exempt if: (1) The structure is in a development in which the owner or developer at his expense had constructed and turned over to the city permanent water treatment or transmission facilities adequate to service that property and is a party to the Southwest Developers Agreement or the Northwest Developers Agreement or the structure is in a development that is at least 25% complete on June 30, 1977. For the purposes of division (B) (1). the meaning of the word development shall include but not be limited to structures, units or interests that are offered as a part of a common promotional plan of advertising and sale. (2) As to a particular structure. all permits including but not limited to building permits. water and sewer permits, have been issued not later than January 24, 1978. and the meter installations and water connection for those structures occur not later than July 24. 1978. (3) The exception created herein shall not apply to any permit issued prior to June 30, 1977; only those structures for which ORD. NO. 59-60 ')1- permits are issued subsequent to June 30, 1977, and which otherwise meet the above criteria, shall be exempt from the connection charges. (C) Outside City. The connection charges to users wholly outside the corporate limits of the city shall be 25% higher than for the applicable charge to users within the corporate limits of the city. 1_ i Section 4. That Section 52.32, "Meter Installation Charge", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: . Meter installation charges shall be as follows: Inside Outside Meter Size City Charge City Charge ¡ ; 3/4 x 5/8-inch $ 254.00 $ 319.00 Note 1 3/4 x 5/8-inch 1,219.00 1,523.00 Note 2 , ~ 3/4-inch 260.00 325.00 Note 1 3/4-inch 1,236.00 1,545.00 Note 2 ¡I i-inch 340.00 425.00 Note 1 ¡ J I-inch 1,248.00 1,560.00 Note 2 1-1/2-inch 570.00 712'$Ø 712.00 Note 1 J t 1-1/2-inch 1,438.00 1,797.00 Note 2 J : 2-inch 760.00 950.00 Note 1 t ~ 2-inch 1,551.00 1,939.00 Note 2 , i ¡ 3-inch A/C* A/C + 25%* 4-inch A/C* A/C + 25%* , ti 6-inch and 8-inch A/C* A!C + 25%* , Fire Hydrants A!C* A/C + 25%* I ì - . *A/C '" Actual cost to the City as determined by the Director of Environmental Services. ~ Note 1: Installation of meter, dual check valve and meter box plus ~1~ miscellaneous labor only. Note 2: Same as Note 1 above but also includes tap and installation ! of a i-inch water line to the service line. J.'h Note 3: Any other combination of services will be at actual cost as ~ determined by the Director of Environmental Services. ~ , Section 5. That Section 52.33, "Deposit to Guarantee Payment", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby , \ amended to read as follows: t A guarantee-of-payment deposit for all bills shall be made by each consumer or owner, varying according to the size of the meter in use, 110 as follows: . J (A) Single-family residence: Deposit Inside City Outside City , U0'00 $75.00 , Uli$0 $93.75 (B) Multi-family, nonresidential, and vegetation: Meter Size (Inches) Inside City Outside City 3/4 $1$0'00 $ 75.00 $/~liJ0 $ 93.75 1 f¡Ø'0Ø 75.00 ~U$Ø 93.75 1-1/2 7f¡'ØØ 100.00 Ø'J i7 $ 125.00 2 X00'00 125.00 X2$'0Ø 156.25 3 ll$iØØ 150.00 1$6'2$ 187.50 í I ORD. NO. 59-60 I I ')1- Meter Size (Inches) Inside City Outside City 4 ZØØ/ØØ 225.00 ZJØ/ØØ 281. 25 6 ~ØØ/ØØ 425.00 JØØ/ØØ 531.25 8 ISØ0/00 625.00 7J0/0Ø 781. 25 Section 6. That Section 52.34, "Water Rates", Subsection (B) , , " "Monthly Rates", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: . (B) Monthly rates. The monthly rates (except for fire hydrants as set forth in Section 52.03) for water furnished by the water facilities or plant of the city to customers within and outside the corporate limits of the city, which unless otherwise indicated shall include the appropriate customer charges, capacity charges, and commodity charges for all custom- ers, are fixed as shown in the following schedule: I Inside Outside , Type of Customer ~ City i ¡ ¡ Residential Customer charge (per meter) $IIZiU $ 1.77 $11'1.170 $ 2.21 J ! Capacity charge (charged to all customers, per residential dwelling unit) $1/7171 8.14 $II'ÞIU 10.18 , f Commodity charge (per 1,000 gallons) 1$1 .9515 I ISIS 1.1893 '\ Conservation Surcharge .4758 .5947 't. Nonresidential and Vegetation ~, .,~ Customer charge (per meter) $IIUU $ 1.77 $IIU7Ø $ 2.21 ~> '" Capacity charge (based upon meter size): 3/4-inch meter $117171 $ 8.14 $11'IIS'j $ 10.18 I-inch meter 7171 13.59 'IIS'j 16.99 1-1/2-inch meter 17 I 'jl. 27.09 ZlllS7 33.86 , 2-inch meter 10/"'1S 43.36 1"'/J7 54.20 3-inch meter IS"/JIS 94.94 "6/U 118. 68 4-inch meter 170.85 213.56 6-inch meter Z81111 379.68 1JlIIS6 474.60 Commodity charge (per 1,000 gallons) 1$1 .9515 166 1.1893 Note: Whenever both residential and nonresidential users are on the same meter, the capacity charge is to be computed as if each nonresidential user on the meter was a residential dwelling unit, or all the users shall be charged based on the nonresidential capacity charge rate, whichever is the greater. Section 7. That Section 52.36, "Charge for each Time Water is Turned On", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: ¡ There shall be a service charge of $11 ~ for each time water is turned on, except when the provisions of Section 52.18 apply regarding turn on as a result of a shut-off notice. ORD. NO. 59-60 II . ')1- Section 8. That Section 52.38, "Service Charge for After Hour Calls", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: A charge of ,~ø $40 in addition to the turn on/turn off charges per service call shall be made for all service calls made by the water department between 5:00 p.m. and 8:00 a.m. and on Saturdays, Sundays and l.r holidays. Section 9. That Section 52.39, "Other Fees", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby added to read as . follows: (A) Project Plan Review Fee. The Environmental Services Department will estimate the construction cost of each project based on the , owners approved quantity take off. A one-time fee of 0.5% of that estimated project cost will be charged to the project owner, but not less than $25.00. Project owner's plans will not be approved until full payment . of the fee is received. J i: (B) Project Inspection Fee. The Environmental Services ¡ J Department will estimate the construction cost of the total project to be inspected. The inspection fee will be charged to the project owner and 1 t will be calculated as construction cost x 0.15%, but in no case less than $25.00. In addition, the project owner will pay all inspection fees at an ; i overtime rate of $40.00 per hour per inspector. Fees will be billed to project owner periodically and all fees will be paid before the certificate of occupancy is issued. , II 1 (C) Utility Standards Fee. The charge for the minimum construc- t' - tion standards book (Utility Standards) issued by the Environmental Servic- . es Department is $25.00. ~ Section 10. That Section 52.52, "Resuming Service After Discon- tinuance for Delinquency", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: ~ (A) In the event the water use charges against it become delin- quent and said services are discontinued by the city as herein provided, , :.. ... said services shall not be restored until all delinquent charges plus f p~i.ltt~_ a $10.00 penalty for late payment and shutoff and reconnection charges are paid in full. An additional guarantee-of-payment deposit shall \ be required so that the actual deposit held by the city shall be equal to r twice the amount of the current guarantee-of-payment schedule as set forth , in Section 52.33. However, the city shall not refuse to accept an applica- ! tion for water service or to open a separate water service account because of an outstanding delinquent bill on the subject property which was not incurred by the applicant. ,; (B) If, after one full year from the date that the increased deposit was required to resume service after disconnection for delinquency, there has been no additional nonpayment disconnection, the customer may request reduction of deposit to the current deposit rate as set forth in , the schedule in Section 52.33. Section 11. That throughout Chapter 52, "Water", reference to Director of Public Utilities shall be replaced by Director of Environmental Services. Section 12. That should any section or provision of this ordi- nance 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 13. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ORD. NO. 59-60 . . ..,,~ .il Section 14. That this ordinance shall become effective immedi- ately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the days of , 1990. , MAYOR . ATTEST: City Clerk ! First Reading ¡ I Second Reading j I .' , t ".... I ~¥:, ~. ß . , ORD. NO. 59-60 M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fJ1'1 SUBJECT: AGENDA ITEM # ,2. C - MEETING OF DECEMBER 4, 1990 ORDINANCE NO. 60-90 DATE: November 30, 1990 This is first reading of an Ordinance amending the Code of Ordinances by amending Chapter 54 "Sewers" to provide for an increase in certain rates and charges associated with sewer service both inside and outside the City. If passed, Second and Final Reading will be held on December 11th. Representatives of Ernst and Young will make a brief presentation of their rate study in conjunction with this first reading. Recommend approval of Ordinance No. 59-90 on first reading. !! ORDINANCE NO. 60-90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 54, "SEWERS", SUBHEADING "RATES AND CHARGES", OF THE CODE OF ORDINANCES OF THE CITY OF , . i DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.31, "CONNECTION CHARGES; EXCEPTION", SUBSECTION (A) (1), TO PROVIDE FOR AN INCREASE IN THE SEWER CONNECTION CHARGE FOR EACH SEPARATE RESIDENTIAL UNIT OR COMMERCIAL UNIT; BY AMENDING SECTION 54.32, "SERVICE RATES AND CHARGES", SUBSECTION (B), TO PROVIDE FOR AN INCREASE IN SEWER SERVICE RATES AND CHARGES FOR RESIDENTIAL DWELLING UNITS AND NONRESIDENTIAL/COMMERCIAL UNITS, . BOTH INSIDE AND OUTSIDE THE CITY, BASED UPON CERTAIN r CAPACITY AND COMMODITY CHARGES TO INCREASE SAID . CAPACITY AND COMMODITY CHARGES; BY REPLACING THROUGHOUT , THE CHAPTER REFERENCE TO DIRECTOR OF PUBLIC UTILITIES ¡ t WITH DIRECTOR OF ENVIRONMENTAL SERVICES; PROVIDING A i ~ SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; I , PROVIDING AN EFFECTIVE DATE. j .! NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY ! f, OF DELRAY BEACH, FLORIDA, AS FOLLOWS: k, Section 1. That Section 54.31, "Connection Charges; Exception", Subsection (A), "Connection Charges", (1), of the Code oJ Ordinances of the , t: City of Delray Beach, Florida, is hereby amended to read as follows: ¡ r¡ (A) Connection charges. , (1) In addition to the rates set forth in Section 54.32, ~ there is established a sewer connection charge for each connection to the , city sewage collection system. The sewer connection charge shall be the l, actual cost, which has been determined by the Director of Environmental '~4f~ Services to be 'l$0 $1084 for each separate residential unit or commercial t. unit where sewer lateral lines exist or '8$0 $1583 for each separate "'~:III, residential unit or commercial unit where sewer läterãl lines are absent. , ~ Where two or more families are living on the same premises, each shall be ~ considered to be a separate residential dwelling unit. In apartment i buildings, condominiums, cooperatives, duplexes, resort dwelling unit ~ complexes, motels or hotels, and the like and for each trailer space in a . . trailer park, each living unit shall be considered a separate residential dwelling unit or separate commercial unit. L ~ Section 2. That Section 54.32, "Service Rates and Charges", ~ Subsection (B), of the Code of Ordinances of the City of Delray Beach, [. ~ Florida, is hereby amended to read as follows: (B) The following rates and charges shall be collected from the users of the city sewerage system: (1) Residential dwelling units. A monthly sanitary sewer- : age service charge is imposed upon each residential dwelling unit, as more t specifically set forth hereinafter, to which sanitary sewerage service is · available through the facilities afforded by the municipally-owned sewerage I'.,', system, according to the following schedule: " Inside Outside Residential ~ City (a) Capacity charge (per f residential dwelling unit) '/7/00 $ 9.10 '/811$ $11.38 i ORD. NO. 60-90 1\ H Inside Outside Residential ~ City (b) Commodity charge (based on metered water with minimum of 10,000 gallons): , City (per 1,000 gallons) tU .8066 t"~ 1.0082 (c) Customer charge 1. 78 2.23 . Inside Outside Residential .s.!EL. City South Central Regional Waste- water Treatment Disposal Board (per 1,000 gallons) ~/ / tU70 $ .7055 ~/1tU.U $ .8818 f Note: Where no water service is provided, there shall be a monthly custom- ¡ er charge of ~ltl" $5.00 per residential dwelling unit, and the commodity ; , charge shall be based on the maximum 10,000 gallons. (2) Nonresidential/commercial units. A monthly sanitary , sewer service charge is imposed upon each commercial and nonresidential Î unit to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the follow- ing schedule: , t Inside Outside Nonresidential/Commercial .s.!EL. City (a) Capacity charge (per meter): I!f' 3/4-inch meter ~/ /1100 $ 9.10 ~/ / 8t7'J¡ $ 11. 38 .,'t" I-inch meter 7t00 15.19 8tH 18.99 1-1/2-inch meter Ut70 30.30 HtU 37.88 2-inch meter l8tØ" 48.49 ~$tØ7 60.61 ~> , 3-inch meter "Uøø 106.17 7øt"0 132. 71 . 4-inch meter llU'J¡'J¡ 191.06 U.0t"~ 238.83 . 6-inch meter lUt7'/J 424.60 UøtU 530.75 i (b) Commodity charge (based þ on 90% of metered water): City (per 1,000 gallons) .55 .8066 .68 1. 0082 i (c) Customer charge 1. 78 2.23 South Central Regional Wastewater Treatment Disposal Board (per 1,000 gallons) $/ / /lU7Ø $ .7055 $//ltl~"~ $ .8818 Note: For those nonresidential/commercial units where water service is not available, the capacity and commodity charges shall be determined by unit classification standards for water usage. ~ t (3) Sewerage flow determination. The number of gallons of monthly sewerage flow for residential and nonresidential/commercial units j' shall be based upon the water usage for those units as indicated by a water meter, unless a customer installs at no cost to the city a separate meter to measure the actual sewerage flow from the subject unit. A separate meter may be used to measure actual sewerage flow for the calculation of charges only when the location, installation, and type of meter have been approved by the City Manager or his designee. (4) When effective. The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineer, and accepted by the city. I ORD. NO. 60-90 I d Section 3. That throughout Chapter 54, "Sewers", reference to Director of Public Utilities shall be replaced with Director of Environmental Services. Section 4. That should any section or provision of this ordi- nance 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediate- ly upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1990. ¡ j MAYOR , ¡ ATTEST: , City Clerk First Reading "t.._ Second Reading ~ \ . , I ! ORD. NO. 60-90 · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM 4/: J c;? D - MEETING OF DECEMBER 4, 1990 ORDINANCE NO. 61-90 DATE: November 30, 1990 This is first reading of an Ordinance amending the Land Develop- ment Regulations by amending Appendix "A", "Definitions ", by enacting a new definition of family providing that a family shall consist of those persons who are related by blood, marriage or adoption or as many five unrelated persons living in the same dwelling unit. If passed, Second and Final Reading will be held on January 15, 1991. Recommend approval of Ordinance No. 61-90 on first reading. CITY ATTORNEY'S OFFICE TEL No, 407 278 4755 Nov 30,90 16:53 P,02 . ORDINANCE NO. b 1- q 0 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 1, "GENERAL PROVISIONS", ARTICLE 1.4, II INTERPRETATION, ENFORCE- MENT, AND PENALTIES", SECTION 1.4.5, "DEFINITIONS", OF THE LAND OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A", IIDEFINITIONS", REPEALING THE DEFINITION OF FAMILY; BY ENACTING A NEW DEFINITION OF FAMILY PROVIDING THAT A FAMILY SHALL CONSIST OF THOSE PERSONS WHO ARE RELATED BY BLOOD MARRIAGE OR ADOPTION OR AS MANY AS FIVE UNRELATED PERSONS LIVING IN THE SAME DWELLING UNIT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Se~tion 1. That the definition of "family" found in Appendix A as referre to in Section 1. 4.5, "Definitions" of Article 1. 4, "Inter- pretation, Enforcement and Penalties", of Chapter 1, "General Provisions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby repealed. s~ction 2. That Appendix A as referred to in Section 1.4.5, "Definitions" of Article 1.4, "Interpretation, Enforcement and Penalties", of Chapter 1, "General Provisions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended to include family definition to read as follows: Family. One or more persons related by blood, marriage or adoption occupying a single dwelling unit as a single housekeeping unit and sharing common facilities. In addition, if the family consist of: 1 person, an additional four persons unrelated to the family shall be permitted; 2 persons, an addltionfll three persons unrelated to the family shall be permitted; 3 persons, an additional two persons unrelated to the family shall be permitted; 4 or more persons, an additional one person unrelated to the family shall be permitted. The followin9 person or persons shall be considered as related to the family (as opposed to an unrelated person or persons} and will be counted as family members: a. A person or persons residing with the family for the purpose of adoption by the family; b. Any person or persons residing with the family at the direction of a court. Section 2. That all ordinances or parts of ordinances which 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 the invalid, such decision shall not affect the va.lidi ty of the rema.inder hereof as a whole or part thereof other than the part declared to be invalid. I . CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 30.90 16:54 F,03 Section 4. That this ord.1nance 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 I 2 ORD. NO. ~ ' ., """.'f C I T Y COM MIS S ION DOC U MEN TAT ION TO: MacGREGOR-HARTY, CITY CLERK j \ku~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF DECEMBER 4, 1990 RESOLUTION RE: THE DEFINITION OF "FAMILY" ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Resolution which changes the definition of the term "family" as contained in the LDRs. This modification procedure is unique to definitions (other text changes require enactment by ordinance) and is allowed pursuant to Section 1.4.5 Definitions (page 1.4.3). BACKGROUND: The City Commission had previously directed that the Neighborhoods Task Team and the Planning and Zoning Board revisit the definition of "family" as contained in our zoning regulations. This direction came about as there has been some problem in the application of the definition and the feeling by some individuals that it may be overly restrictive. The current definition of "family" was created a few years ago in an ef fort to address the general problem of overcrowding within a structure. The Neighborhoods Task Team reviewed staff's work and supported a revised definition which calls for removal of the restriction of a "linear" relationship among members and the reinsertion of the standard related by "blood or marriage" provision. In addition, there is a change in the number of unrelated persons who can live together with the change being from three to five. There is a provision that the number of nonrelated individuals diminishes as the number of related individuals increases. The Task Team also recommended that problems with overcrowding be addressed through further restrictions on parking and use of lot area for vehicles. Attached is additional background information from the Office of Lula Butler. City Commission Documentation Resolution Re: The Definition of "Family" Page 2 PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board formally reviewed this item at it's meeting of November 19, 1990, and unanimously (6-0) recommended that the City Commission accept the recommendation of the Task Team. RECOMMENDED ACTION: Because of the past controversy which has been associated with this item, it is suggested that a public hearing be held as is done if an ordinance were required; thus, we recommend that a public hearing be held on January 15, 1991. Further, if individual Commissioners have concerns or desire additional information, it is suggested that the item be set for a worksession discussion prior to the public hearing. Attachment: * P&Z Staff Report & Documentation of November 19, 1990 DJK/#74/CCFAMILY PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: NOVEMBER 19, 1990 ~ AGENDA ITEMS: III A & B PUBLIC HEARING ITEMS ITEM BEFORE THE BOARD: I The item before the Board, in each instance is the review of proposed LDR text amendments and recommendation to the City Commission. There are two items. The first (A) is a proposed change to the definition of "family". The second (B) , is reconsideration -- upon referral from the City Commission -- of regulations dealing with truck parking in R.esidential Districts. BACKGROUND: Def~nition of Family: Please see the attached report from Lula . Butler and the recommendation contained therein. There is an emphasis that the definition of family, as used in the LDRs, relates to land use. The current definition was created a few years ago in an effort to address the general problem of overcrowding within a structure and, as a result, is considered by some to be overly restrictive. Thus, the definition is being revisited at this time. Truck Parking in Residential Districts: Please see the attached report from Lula Butler. This item was before the Board at its last meeting and a recommendation was forwarded to the Commission. The Commission also desires the Board to readdress the topic of relief provisions. RECOMMENDED ACTION: Consider each item separately. Following public comment, provide a recommendation to the City Commission on each. The recommendations from the Neighborhoods Task Team on each item is: Re: Family -- to recommend adoption of the new definition (as proposed) and direction to staff to seek other avenues through which adverse impacts of overcrowding can be mitigated and controlled. Re: Truck Parking -- to recommend that the proposed regulations be adopted but that there be two stated criteria upon which a waiver may be granted. Attachments: * Butler memo of November 12th re Family * Butler memo of November 12th re Truck Parking MEMORANDUM TO: DAVID KOVACS - DIRECTOR, PLANNING & ZONING 1\ FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT LV SUBJECT: PROPOSED REVISED DEFINITION OF FAMILY DATE: NOVEMBER 12, 1990 Pursuant to the direction of the City Commission, the staff committee has completed its analysis of the current definition of family and is proposing the attached revised definition for P & Z's consideration. The staff committee's recommendation was before the Neighborhoods Task Team for their consideration on October 4th and again on November 8, 1990. The consensus position of the Task Team was that the definition , of family as proposed by staff is sufficient and they support it as proposed. However, in addi tion to the revised defini tion of family, the Task Team would like P & Z to consider other ordinance amendments such as prohibiting parking on unpaved or unimproved surfaces and front yards. The Task Team is of the opinion that the proper control of parking problems that are apparent with overcrowded conditions, is a better tool used jointly with the definition of family to control overcrowded conditions in our single family neighborhoods. The memorandums from the Code Enforcement Administrator detailing each staff committee meeting are attached for reference material. It is my understanding that the proposed revised definition will be before P & Z on November 19th. LB:DQ Attachments D/8 Family.DK ~ - - - - - '-~-J ~. ,__o,""! , ~. ' . -~ . ... '~ ! 4"" -.; -' - '. , -, ~ t , .,1 - ·_1 , II - . - '._ ._ _......:I:'-~ c>-Jd .~ ....."\ r ":.", vol( (' ..-/- \ {\ 0- i ù 'J" '}/ ~c úy~ ,., .r~ ~\-.. 'r"" I: t ~ -~,p~ t,...~ ~rJ\'Y'~ ~J~l ,-",·è:.f\r.br:_ \ ,: h' ~t.\ I "'1.-"'\... v \ , , I' ,;-' <fì 1\'" ¿nI (AC.12 Jt ~ (', ')(.,l, - ,~~ (\' ,--,;1 ,h' rf¡ i t~ C\\ j,' 'C¿ I)·f,d , , ,~1!, , '-'! . . _, ! · bl"eI ~ M. I¿'·C . Þ 1 C ','" , (. ",~ ~ ,\' f ,.. . ';¡ I ÞI j ,. 10' th" ' ~ )_~.. " .." r '". . _ ... . 0( , i... I ' ~ DBFDlU'XO!I: '.- \ \ 'f'-i' ¿- Family. One (1) or more persons ~meàia~ely related by blood, marriage or .adoption and living as a single housekeeping unit in ~ dwelling shall constitute a family. -A f anli ly may inc 1 \.\.de, in additiou, uo-t IROr9 than tJ::l.ree (3) persgn¡¡ t.7ho_,are unrplâ~ The following persons shall be considered related for the purpose of this title: (1) A person (s) residing with a family for the purpose of adoption: (2) Not more than five (5) persons under 19 years of age, residing in a foster home licensed or approved by the State of Florida: (3) Any person who is living with a family at the direction of a court. -t ! U ' , .~ 'I. '';~'-'', \.. I) } f ...II: ~ PROPOSED DEFINITION: . Family. One or more persons related by blood, marriage or adoption occupying a single dwelling unit as a single housekeeping unit and sharing common facilities. In addition, if the family consists of: * 1 person, an additional four persons unrelated to the family shall be permitted: * 2 persons, an additional three persons unrelated to the family shall be permitted: * 3 persons, an additional two persons unrelated to the family shall be permitted: * 4 or more persons, an additional one person unrelated to the family shall be permitted. The following person or persons shall be considered as related to the family (as opposed to an unrelated person or persons) and will be counted as family members: a. A person or persons residing with the family for the purpose of adoption by the family: b. Any person or persons residing with the family at the direction of a court. D/8 Family.DK 2 MEMORANDUM TO: Lula Butler. Community Improvement Director M FROM: Richard Bauer. Code Enforcement Administrator SUBJECT: FAMILY DEFINITION DATE: September 20, 1990 On September 20. 1990. the final meeting of the Family Definition Committee was held. The consensus position of the Committee Members was to recommend the following definition of "Family:" Family: One or more persons related by blood. marriage or adoption occupying a single dwelling unit as a single housekeeping unit and sharing common facilities. In addition, if the family consists of: · 1 person. an additional four persons unrelated to the family shall be permitted. · 2 persons. an additional thre~ persons unrelated to the family shall be permitted. , · 3 persons. an additional two persons unrelated to the family shall be permitted. · 4 or more persons. an additional one person unrelated to the family shall be permitted. The following person or persons shall be considered as related to the family (as opposed to an unrelated person or persons) and will be counted as family members: a. A person or persons residing with the family for the purpose of adoption by the family; b. Any person or persons residing with the family at the direction of a court. As the Family Definition Committee has recommended a revised Family Definition. no further Committee Meetings will be held. I wish to thank all Committee Members for th~i~ input and attendance at the Committee Meetings. RB:mh cc: Jeff Kurtz. City Attorney Susan Ruby. Assistant City Attorney Jerry Sanzone. Chief Building Official David Kovacs. Planning and Zoning Director Dorothy Ellington. Community Development Director Mike Cato. Fire Chief Emmanuel Guerrier. Code Enforcement Officer ~2 00 1 ,. MEMORANDUM TO: Distribution ~ FROM: Richard Bauer. Code Enforcement Administrator SUBJECT: FAMILY DEFINITION COMHITTEE - SECOND MEETING DATE: August 28. 1990 On August 24. 1990, the Family Definition Committee held its~econd meeting. This writer was assigned the task of drafting a family ordinance based on the discussions of the committee. Attached please find a draft of what I believe represents the consensus opinion of the committee as to definition of family. 1 would appreciate each committee member reviewing the attached in order that recommended revisions can be discussed at a third committee meeting which 1 will schedule in approximately two weeks. Again, thank you for your participation. . Family: One or more persons related by blood. marriage or adoption occupying a single dwelling unit as a single housekeeping unit and sharing common facilities. or alternatively, if the family consists of: · 1 person, an additional four persons unrelated to the family shall be permitted. · 2 persons, an additional three persons unrelated to the family shall be permitted. · 3 persons, an additional two persons unrelated to the family shall be permitted. · 4 or more persons. and additional one person unrelated to the family shall be permitted. The following person or persons shall be considered as related to a family as opposed to an unrelated person or persons: a. A person or persons residing with the_family for the purpose of adoption by the family; b. Any person or persons residing with the family at the direction of the court. RB:mh cc: Lula Butler I . tt,,; LA !&- ' ~~tt.~ MEMORANDUM ~~~ TO: Distribution lV 4 FROM: Richard Bauer, Code Enforcement Administrator lLJ . SUBJECT: FAMILY DEFINITION COMMITTEE - FIRST MEETING RECAP DATE: August 2, 1990 On July 27, 1990, the first meeting of the Family Definition Review Committee was held from 10:00 A.M. to 12:00 Noon. Without attempting to reiterate every item discussed, I believe there was consensus among the committee members that the City's current definition of family is too restrictive. For the most part, it appears that committee members believed that a family should be defined as people related by blood or marriage plus individuals in special categories (e.g.. a person living with a family for the purpose of adoption or at the direction of a court or foster home situation - see 173.001.~ Definition. "Family.") plus one or more unrelated individuals. A family could also consist of a number (3 or 4) of unrelated people living together. The above is similar to the City's previous definition of single family. Several other matters were discussed: 1. Whether or not some square footage per occupant criteria should be utilized with a provision for a waiver for ascertainable hardship situations. I believe that most committee members were not in favor of this - although the matter can be further discussed. 2. Whether there could be some absolute limitation on occupancy of rental units. The City Attorney indicated that it would be possible to impose such limitation. (The current Landlord Permit Ordinance, Section 117.03(B) states ... "that number (of persons) shall be no more than two per bedroom plus two additional persons per unit, provided nothing in this section shall permit the rental of a unit in a manner which violates the definition of family.... This section shall not be interpreted to prohibit a landlord from renting a unit to a family as defined by 173.001." The wording of the ordinance is unusual but seems to indicate a landlord can rent a unit to an unlimited number of persons providing they meet the "single family definition" in the case of a "lineal relationship" family. Obviously, the current ordinance also defines a family as no more than three (3) unrelated individuals so for the "unrelated" family portion of the ordinance there would be a "cap" on occupancy). In light of the above, I believe further discussion is required to determine whether there should or could be an occupancy cap on rental units regardless of whether the occupancy 1s a single family (e.g.. should there be a limit even if a landlord wishes to rent to ten (10) 1 . . related persons?). 3. Whether or not vehicle parking restrictions should be enacted or recommended: a. prohibit parking in right-of-way areas during certain times, b. prohibit parking in vacant lots, and c. prohibit parking on other unpaved or unapproved surfaces (front yard, back yard, etc.). SUMMARY - I believe that one more meeting of the Family Definition Review Committee will be necessary prior to preparing a final recommendation to revise the current ordinance. At the next meeting, which I will schedule, it would be beneficial if each committee member would prepare his or her recommendation on a family definition ordinance. For informational purposes, I have included below the City's Definition of "Family" that was in effect just prior to the current definition (which is contained in ordinance section 173.001): . Family. One (1) or more persons immediately related by blood, marriage or adoption and living as a single housekeeping unit in a dwelling shall constitute a family. A family may include, in addition, not more than three (3) persons who are unrelated. The following persons shall be considered related for the purpose of this title: (1) A person(s) residing with a family for the purpose of adoption; (2) Not more than five (5) persons under 19 years of age, residing in a foster home licensed or approved by the State of Florida; (3) Any person who is living with a family at the direction of a court. I wish to thank every committee member for their interest and participation in the first committee meeting. RB:mh cc: Lula Butler .a ~ DISTRIBUTION: Jeff Kurtz. City Attorney Jerry Sanzone, Chief Building Official David Kovacs. Planning & Zoning Director Dorothy Ellington, Community Development Director Mike Cato. Division Chief-FPB Emmanuel Guerrier, Code Enforcement Officer MJQO 3 90 2