12-11-90 Regular
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - DECEMBER 11, 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 liD1ited 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
Regular Meeting of 12/11/90
.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these proceed-
ings, and for this purpose such persons may need to ensure that a
verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. The City
does not provide or prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Minutes
None
6. Proclamations:
A. Commending Jose Antonio Cordero, Elizabeth B. Shealy and Amy
E. Jones
B. Head Start Program - 25th Anniversary - December 16-22, 1990
c. Volunteer Blood Donor Month - January 1991
D. National Red Ribbon Week - October 20-28. 1990
7. Presentations:
A. Kathy Daley - Draft Legislative Work Program
B. Water Restrictions - South Florida Water Management District
(Bruce Adams)
8. Consent Agenda:
A. AUTHORIZATION TO SUBMIT APPLICATION: Authorize submission of
a grant application regarding the 1991 Innovation Award Pro-
gram/Ford Foundation for the City's After School Program. City
Manager recommends approval.
-2-
Agenda
Regular Meeting of 12/11/90
B. APPROVAL OF EASEMENT DEED - FIRE STATION NO.2: Consider
approval of an easement deed to Florida Power and Light for Fire
Station No.2. City Manager recommends approval.
C. EMERGENCY REPAIR SERVICES OUTSIDE CDBG TARGET AREA: Consider
waiving the CDBG Policies and Procedures regarding provision of
housing assistance to structures within CDBG Target area to allow
the provision of an emergency repair outside of the CDBG Target
Area. City Manager recommends approval.
D. CONTRACT AMENDMENT NO. 2 - WASTE MANAGEMENT: Consider
approval of contract amendment No. 2 to the refuse contract with
Waste Management, Inc. City Manager recommends approval.
E. FINAL PAYMENT - A.O.B. UNDERGROUND, INC.: Consider a request
for final payment from A.O.B. Underground, Inc., in the amount of
$6,285.53 for the Country Club Acres water main extension. City
Manager recommends approval.
F. SETTLEMENT OF NUISANCE ABATEMENT LIENS: Consider accepting a
deed in lieu of foreclosure and $500 in satisfaction of the
outstanding liens on property located at 216 S.W. 13th Avenue.
City Manager recommends approval.
G. RESOLUTION NO. 115-90: A Resolution assessing costs for
abatement action required to board up an unsafe structure at 109
S.E. 5th Avenue. City Manager recommends approval.
H. RESOLUTION NO. 116-90: A Resolution assessing costs for
abatement action required to board up an unsafe structure at 218
North Ocean Boulevard. City Manager recommends approval.
I. RESOLUTION NO. 117-90: A Resolution supporting full parti-
cipation of American Industry in the provision of telecommunica-
tion equipment and service.
J . AWARD OF BIDS AND CONTRACTS:
1. Three (3) 1250 gallons per minute Class A Pumper Fire
Engines - Pierce Manufacturing, Inc., in the amount of
$540,709 with funding to come from Fire Department/Equipment
Other (Account No. 225-2311-522-60.89). Balance $1,046,000.
2. Landscape maintenance on N. Federal Highway, North
Congress Avenue and LaMat Avenue - Cole Lawn Service in the
amount of $40,245 with funding from Beautification Account
No. 119-4144-572-33.49. Balance $187,525.
3. Replacement of defective Turbidity Meters at Water
Treatment Plant - H. F. Scientific, Inc., Ft. Myers in the
amount of $15,075 with funding from Account No.
444-5164-536-60.31 ($8 Million Line of Credit) to be reim-
bursed by Account No. 447-5164-536-60.31 (Proposed 1991 Water
and Sewer Revenue Bond). Balance $250,000
-3-
Agenda
Regular Meeting of 12/11/90
4. Rental Rehabilitation Program - MJD Construction Company
in the amount of $21,179 for rehabilitation of property at
215 N.W. 5th Avenue with funding to come from Rental Rehabil-
itation Grant (Account No. 118-1975-554-60.23) . Account
balance $13,534.
5. Lightning protection for Police/Fire communications
system - Motorola C&E, In c. , in the amount of $19,-450.91 with
funds to come from Public Safety Building Fund (Project
338501) . Account balance $41,623.20.
6. Fourteen ( 14) portable radios and accessories for
Community Improvement - Motorola C&E, In c. , in the amount of
$11,599.14 with funding to come from Capital Equipment
(Account No. 001-2721-524-60.89) . Account balance $18,475.
9. Regular Agenda:
A. CONTINUATION OF ORDINANCE NO. 31-90: Consider continuing
Ordinance No. 31-90 (Fire Station No. 1 Rezoning) until such time
as the City has acquired the entire sale. City Manager recommends
approval.
B. CODE ENFORCEMENT COUNTY COURT CITATIONS: Consider and
approve the City's participation in the County Court Citation
(Notices to Appear) process for Code Enforcement Activities. City
Manager recommends approval.
C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
D. CONTRACT AWARD - RENOVATION OF PUBLIC UTILITY BUILDING:
Consider a contract award for renovation of the Public Utility
Building. Bids will be opened on Monday, December 10th. The City
Manager will present his recommendation at the meeting.
E. CHANGE ORDER NO. 3: Consider Change Order No. 3 for Johnson
and Davis, Inc. , for S.E. 1st Street Drainage Improvement (De cade
of Excellence Project) in the amount of $14,720 with funding to
come from Account No. 441-5161-536-60.68. City Manager recommends
approval.
F. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Accept actions and decisions made by the Planning and
Zoning Board, Site Plan Review and Appearance Board and Historic
Preservation Board. Staff recommends approval.
G. DETERMINATION OF CONSISTENCY OF CAPITAL BUDGETS WITH COMPRE-
HENSIVE PLAN: Find that the proposed revisions to the Capital
Budgets for FY 90/91 are consistent with the adopted Comprehensive
Plan. Planning and Zoning Board recommends approval.
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Agenda
Regular Meeting of 12/11/90
H. LEASE/PURCHASE AGREEMENT FOR COPYING EQUIPMENT: Consider
approval of a lease/purchase agreement for copying equipment for
the City Clerk's Office and Planning Department. A recommendation
will be made at the meeting.
I. STATEWIDE PUBLIC WORKS MUTUAL AID AGREEMENT: Approve a
non-binding Statewide Public Works Mutual Aid Agreement to provide
reciprocal assistance in case of emergencies too extensive to be
dealt with unassisted. City Manager recommends approval.
J. RATE AGREEMENT - FLORIDA POWER AND LIGHT: Approve a new Rate
Agreement with Florida Power and Light for electric service to the
Water Treatment Plant. City Manager recommends approval.
K. COMMUNITY POLICING PROGRAM: Consider appropriating funds
from the Law Enforcement Trus t Fund in the amount of $95,000.00
for the Community Policing Program. City Manager recommends
approval.
L. PAYMENT OF BILLS RELATED TO LEGAL SERVICES INCURRED BY WALTER
O. BARRY: Consider payment of outstanding legal bills incurred by
former City Manager Walter O. Barry relative to the Irene
Montalban matter.
10. Public Hearings:
A. REQUEST FOR WAIVER: Consider a request from the Arthritis
Foundation to waive Code Section 118.27 (C) (3) which provides for
an annual registration fee for a charitable organization in the
amount of $300.00. City Manager recommends approval.
B. REQUEST FOR WAIVER: Consider a request from La Pinata
Restaurant to waive Section 4.3.4 (H) (6) of the Land Development
Regulations which requires a 15 foot setback for signs. The
applicant is requesting a 10 foot setback. Staff recommends
approval.
C. RESOLUTION NO. 118-90: A Resolution adopting the budget and
the rates for the Stormwater Utility.
D. STORMWATER ASSESSMENT ROLL: Ratification, confirmation,
certification and adoption of the Stormwater Assessment Roll as
being correct and proper and in conformity with the Resolution
setting forth the budget and rates.
E. ORDINANCE NO. 57-90: An Ordinance correcting the Land
I
Development Zoning Map by changing the zoning in the Old
Germantown area (off Georgia Street) from MIC (Mixed Industrial
Commercial) District to I (Industrial) District, the Shoppes of
Seacrest from RM (Residential Medium Density) District to NC
(Neighborhood Commercial) District, Semmie Taylor property, Lot
26, Block 12, from R-1-A (Single Family Dwelling) District to GC
(General Commercial) District and the Hess Gas Station (Military
Trail) from PC (Planned Commercial) District to GC (General
Commercial) District.
-5-
: Agenda
Regular Meeting of 12/11/90
. F. ORDINANCE NO. 58- 90: 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.
G. ORDINANCE NO. 59-90: 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.
H. 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.
11. Comments and Inquiries on Non-Agenda items - nm.ediately following
Public Hearings:
A. From the Public
B. City Manager response to prior public comments and inquiries
12. First Readings:
A. ORDINANCE NO. 62-90: An Ordinance amending the Code of
Ordinances by amending Chapter 52 "Water" by repealing certain
Subsections with respect to certain connection charges and trans-
mission and storage fees and providing for the definition of
conservation surcharge. City Manager recommends approval. If
passed, Public Hearing will be held on January 15, 1991.
B. ORDINANCE NO. 63-90: An Ordinance amending the Code of
Ordinances by amending Chapter 54 "Sewers" by repealing certain
Sections with respect to certain connection charges and service
rates and renumbering the remaining sections accordingly. City
Manager recommends approval. If passed, Public Hearing will be
held on January 15, 1991.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
-6-
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SUMMARY OF WATER RATE CHANGES
(Ordinance Number 59-90)
TYPE OF CHARGE CURRENT FEE PROPOSED FEE
Testing of Meters:
3/4" through 2" Meter $40.00 Deposit $100.00 Deposit
Removal of Meters: $ 14.00 $ 20.00
Connection Charge:
a) Residential $150.00 $788.00
b) Non-residential 200.00 788.00
c) Vegetation 200.00 788.00
Meter Installation Charge: Inside Outside Inside Outside
3/4" Meter $260.00 $325.00 $ 400.00 $ 500.00
1" Meter 340.00 425.00 525.00 650.00
1 1/2" Meter 570.00 712.50 875.00 1,100.00
2" Meter 760.00 950.00 1,175.00 1,475.00
3" Meter A/e* Ale + 25%* Ale* Ale + 25%*
4" Meter Ale* Ale + 25%* A/e* A/e + 25%*
6" and 8" Meters A/c* Ale + 25%* A/C* A/C + 25%*
Fire Hydrants Ale* Ale + 25%* A/C* A/e + 25%*
*A/e = Actual Cost to the City as determined by the Director of
Environmental Services
Deposit to Guarantee Payment: Inside Outside Inside Outside
a) Single Family Residence $ 50.00 $ 62.50 $ 75.00 $ 93.75
b) Multi-family, Non-res-
idential, Vegetation:
3/4" Meter 50.00 62.50 75.00 93.75
1" Meter 50.00 62.50 75.00 93.75
1 1/2" Meter 75.00 93.75 100.00 125.00
2" Meter 100 . 00 125.00 125.00 156.25
3" Meter 125.00 156.25 150.00 187.50
4" Meter 200.00 250.00 225.00 281. 25
6" Meter 400.00 500.00 425.00 531. 25
a" Meter 600.00 750.00 625.00 781.25
Monthly Rates:
Residential: Inside Outside Inside Outside
a) Customer Charge $ 2.16 $ 2.70 $ 1.77 $ 2.21
b) Capacity Charge 7.71 9.63 8.14 10.18
c) Commodity Charge .53 .66 .96 1. 19
d) Conservation Surcharge* -0- -0- .48 .60
(*Rate takes effect
after 20,000 gallons)
·
SUMMARY OF WATER RATE CHANGES
(Ordinance Number 59-90)
-continued-
TYPE OF CHARGE CURRENT FEE PROPOSED FEE
Monthly Rates:
Non-residential and Inside Outside Inside Outside
Vegetation:
a) Customer Charge $ 2.16 $ 2.70 $ 1.77 $ 2.21
b) Capacity Charge:
3/4" Meter 7.71 9.63 a .13 10.16
1" Meter 7.71 9.63 13.58 16.98
1 1/2" Meter 17.34 21.67 27.09 33.86
2" Meter 30.86 38.57 43.36 54.20
3" Meter 69.56 86.95 94.93 lla.66
4" Meter 97.25 121.56 170.a3 213.54
6" Meter 2al. 33 351. 66 379.64 474.55
c) Commodity Charge .53 .66 .96 1.19
Water Turn-on: $ 13.00 $ 15.00
After-hour Calls: $ 20.00 $ 40.00
Other Fees:
a) Project Plan Review Fee $ -0- 2.0% of estimated
project cost (mini-
mum charge of $25.00)
b) Project Inspection Fee -0- 3.0% x construction
cost (minimum charge
of $25.00)
c) Utility Standards Fee -0- $ 25.00
SUMMARY OF SEWER RATE CHANGES
(Ordinance Number 60-90)
TYPE OF CHARGE CURRENT FEE PROPOSED FEE
Connection Charge $250.00/$850.00 $1,084.00
Service Charge:
Residential: Inside Outside Inside Outside
a) Capacity Charge $ 7.00 $ 8.75 $ 9.10 $ 11. 38
b) Commodity Charge .55 .69 .81 1. 01
(per 1,000 gallons)
c) Customer Charge -0- -0- 1. 78 2.23
d) SCRWTDB .9170 1.1463 .71 .88
No Water Service Provided $2.16 $5.00
Non-residential: Inside Outside Inside Outside
a) Capacity Charge:
3/4" Meter $ 7.00 $ a.75 $ 9.10 $ 11. 38
1" Meter 7.00 8.75 15.19 18.99
1 1/2" Meter 15.70 19.62 30.30 37.88
2" Meter 28.06 35.07 48.49 60.61
3" Meter 62.88 7a.60 106.17 132. 71
4" Meter 112.55 140.63 191. 06 238.83
6" Meter 254.75 318.43 424.60 530.75
b) Commodity Charge .55 .6a .81 1.01
(per 1,000 gallons)
c) Customer Charge -0- -0- 1. 7a 2.23
d) SCRWTDB .9170 1. 1463 .71 .88
. .
CITY OF DELRAY BEACH
DRAFT: 1991 LEGISLATIVE AGENDA
MAYOR: TOM LYNCH
VICE-MAYOR: WILLIAM ANDREWS
DEPUTY VICE-MAYOR: DAVID RANDOLPH
COMMISSIONER: JAY ALPERIN
COMMISSIONER: ARMAND MOUW
::# 7 A-
Ka. t..h 1 ~~.n. E. Da..le.y
One Park Place
621 N.W. 53rd Street
Suite 240
Boca Raton, Florida 33487
(407) 997-8768
MEMORANDUM
TO: Delray Beach City Commission
THROUGH: David Harden, city Manager. t¡., .0----
FROM: Kathleen E. Daley and Associate ~
DATE: December lO, 1990
SUBJECT: Draft - 1991 Legislative Agenda
-----------------------------------------------------------------
I. Appropriations Requests
A. Federal Government........................$3,442,734.00
To complete the total allocation for the
1991 scheduled beach renourishment project.
To date we have received the following:
state Allocation.....................$2,007,236.00
Local Allocation.....................$ 901,599.00
Total cost of the project............$6,351,569.00
B. Fire station/Land Acquisition.............$ 500,000.00
Cost for land acquisition for the new
Fire station.
This is projected to be a community re-
development project and a community
service facility. Monies have been
approved by the Department of Community
Affairs through the Safe Neighborhood
Grants Program. (Fire Department)
C. Redevelopment/Community College Campus....$3,000,000.00
Request from the Department of
Community Affairs or the Department of
Education (Community College Budget),
to buy the old Winn Dixie site to be
used as a branch campus for Palm Beach
Community college. (CRA)
December 10, 1990
Page Two
D. Old School Square
Support the proposed grants for Old School Square, Inc.
in the Special Category and the cultural Facilities
Grants.
II. Local Bills
A. Downtown Development Authority
Request Commission direction on the
expansion/reorganization of the DDA.
III. General Bills (State Wide Application)
A. Hazardous Waste
Support the efforts proposed to further regulate the
transport of hazardous waste. In addition, support
Representative Carol Hanson's legislation which would
create a Hazardous Waste Study Commission. (Fire
Department)
B. Annexation
Support legislation which would allow municipalities to
annex those parcels which are surrounded entirely by one
municipality. óì eJì) 3::; "- --
-'
IV. Palm Beach Municipal League
Support, in concept, the 1991 Legislative Priorities of the
Palm Beach Municipal League.
V. Florida Leaque of cities
support, in concept, the 1991 Legislative Platform of the
Florida League of Cities, which will be finalized at their
annual Legislative Conference on January l7th and 18th.
VI. Additions
Further requests by Commission members and Staff.
Palm Beach County MUNICIPAL LEAGUE
P.O. BOX 1989. GOVERNMENT CENTER. WEST PALM BEACH. FLORIDA 33402 (407) 355-4484
.",. ."..-."..... ;::..t-_Io':t·'
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MEMORANDUM
OOV 3 0 90
TO: Mayors
City Managers Executive Duector~ ~ CiTY CO\1;\1!SSi
FR: John Makris, .,...,....on;¡.,._.~,._~....~.\"Iõ;...~,...."'"'...
DT: November 28, 1990 .
RE: 1991 State Legislative Priorities
---------------------------------------------
---------------------------------------------
On November 13th. the Palm Beach County Municipal League
Leç~slative Committee met to review the League's 1990 Legislative
Priorities and begin the process to establish legislative
priorities for the 1991 Legislative Session. It was decided at
this meeting that we would go directly to each city to get input
on what are important state priorities to them. This input along
with considerations from the Gold Coast League and the State
Lea'Jue of Cities will be used to comprise our 1991 Legislative
Priorities.
Er.closed you will find a questionnaire regarding state legislative
issües in several categories includiDg Land Use/Growth Management,
Local Government Concerns, Liability, Funding/Taxatior., and Public
Sa:~ty/Criminal Justice. A final ca~egory entitled Other is there
fo:: any additional input you . ... have. Under each of these
mlg.. ~
ca:.~gories is listed the priorities from last year that I believe
wi::': still be pertinent issues l:-~ t.he upconnng session. I am
currently still researching some 0: these issues and any input you
1'r.:':;::t have on a specific lssue listed is a welcome resource.
As you know, the legislative sessic~ has been moved up from April
to ~arch in 1991. Due to this fact. we are attempting to expedite
th~s process and asking that you ret~rn the enclosed questionnaire
by :~cember 21st. We have schedu:e~ a meeting subsequent to that
d - - - to consider your ínput. Addi~:'::>nally, the Florida League of
C~~:es has scheduled their Legislat:'ve Conference on January 17th
ar..::' 18th in Tallahassee. We wil:;' attempt to go to the Board of
D:'r:-::tors with a compilation of these concerns and priorities at
as early a date as possíble.
T:: a :-_:0{ you for your cooperation in t:::s effort. We look forward to
yc'_::: input and assistance. I be::':eve it will contribute to a
str=:1ger and more effective advocaç~ for the cities of Palm Beach
Co·..:.:-.:.y during the 1991 State Legis:a:.ive Session.
Tha:-.k You.
PALM BEACH COUNTY MUNICIPAL LEAGUE
PROPOSED 1991 LEGISLATIVE PRIORITIES
This legislative priority questionnaire has been distributed to
League members for your input on 1991 legislative priorities.
Please review this document to add any input on already established
priorities and to forward to us new concerns and priorities that
you might have. The Municipal League Legislative Committee will
meet in early January to consider your input. In order to receive
due consideration, your input must be received by the Municipal
League office by December 21, 1990. If you have any questions,
please contact John Makris at 355-4484.
LAND USE/GROWTH MANAGEMENT
0 Support legislation to Growth Management Act allowing DCA to
apply different recommendations and criteria to cities under
5,000 population.
0 Oppose the exemption of school district's from local land
development regulation. (House Bill 3709 passed in 1990 does
allow local school boards and governments to forgo land
development regulations such as meeting concurrency).
0
0
0
LOCAL GOVERNMENT CONCERNS
0 Support the Solid Waste Authority as it presently exists.
0 Support legislation which would exe;npt the lawyer-client
relationship from the Government in ,:he Sunshine Law while
providing safeguards to protect the pt:blic.
0 Support legislation that addresses annexation necessary to
manage orderly growth, including the elimination of enclaves.
0 Support legislation that will enhance Home Rule and local
deter;nination.
0
0
0
~
LIABILITY
0 Oppose a:: efforts to increase the present (sovereign
immunity) cap on liability limits as described in Ch. 768.28
F.S.
0
0
0
FUNDING/TAXATION
0 Support the reduction or elimination of the $25.00 Homestead
Exemption for General Obligations Bond issues by general and
special purpose local governments.
0 Support the reform of the $25,000 Homestead Exemption so that
a least a partial value of all properties will be subjected
to property taxes.
0 Support legislation authorizing each county to levy an
optional real estate transfer fee (documentary stamp tax) up
to 50 cents per $100 of value on real estate transactions.
Establish a formula allocating a portion of this revenue to
municipalities and enable bonding of this revenue source.
Eliminate the 1992 sunset of Dade County's authorization for
this optiona2. real estate transfer fee.
0 Support Sta'te funding for municipal libraries regardless of
population concurrent with increased funds for library
assistance
0
0
0
PUBLIC SAFETY!CR:~INAL JUSTICE
0 Seek legis:ation to reinstate the parole system or similar
conditiona: ~elease program.
0 Support a c~ange in the state statute recognizing a pUblic
safety off:'cer's certification in both ~olice and fire
services, a~d define the position of safety officer.
0 Support rna~¿atory biannual driver testing ~,...,- individuals 80
~'..,JJ,.
years of a~- or older.
,=,,<:::
. ' .
0 Support amending the state statute allowing erOS:lon and
property damage to be considered in establishing waterway
safety zones.
0
0
0
OTHER ISSUES OF CONCERNS
0
0
0
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM 4/: ~ B - MEETING OF DECEMBER 11, 1990
AUTHORIZATION TO SUBMIT APPLICATION
DATE: December 6, 1990
The action requested of the Commission is that of approval to
make application to the Ford Foundation's 1991 Innovation Award
Program for the After School Program. There is a possible first
prize award of $100,000.
In the past year we have served 356 children with a program staff
of 19 and a total annual budget approaching $200,000. This
outstanding growth demonstrates that our program is not only well
conceived, but is also providing a needed service within our
community. By obtaining the one-time grant of $100,000, we would
be able to increase the capacity of the program.
Recommend approval to make application to the Ford Foundation's
1991 Innovation Award Program for the After School Program.
. -
4
.
._-
Agenda Item No.:
AGENDA REQUEST
Date: November 30. 1990
Request to be placed on:'
Consent
X Regular Agenda Special Agenda Workshop Agenda
When: December 11. 1990
Description of agenda item (who, what, where, how much): Wish to submit
application to the Ford Foundation's 1991 Innovation Award Program for our After
~('hnol Pro~ram.
ORDINANCEI RESOLUTION REQUIRED: YES@ Draft Attached: YES,(~O)
Recommendation: I am requesting City Commission approval to make application
with a possible first prize award of $100,000.
Department Head Signature: I
Determination of Consistency Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on å11 items invo1vinq expenditure
of funds):
Funding ávailable: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda:~ NO ~
Hold Until: . . . . . ,
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
iZ--/ (( ?l,J.C~
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: 1991 INNOVATION AWARD PROGRAM/FORD FOUNDATION
DATE: November 30, 1990
Doug Randolph has prepared the attached application to the Ford
Foundation 1991 Innovation Award Program for our After School
Program. I am requesting City Commission approval to make
application with a possible first prize award of $100,000.
Parks and Recreation
DR: JW: jmh
REF:JW277.DOC
Attachment
cc: Joseph M. Safford, Finance Director
[ITY DF DELRAY BEA[H
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
December 12, 1990
INNOVATIONS
Taubman Center for state and Local Government
John F. Kennedy School of Government
Harvard University
79 JFK Street
Cambridge, MA 02138
RE: 1991 Preliminary Application
To Whom It May Concern:
Enclosed please find the City of Delray Beach's preliminary
application (original and eight photocopies) for consideration
for the 1991 Innovations Award Program.
We of the Parks and Recreation Department are very proud of the
success we have obtained with our After School Recreation/Child
Care Program. We feel that such programs are the wave of the
future and we have every reason to believe that our program
format can be duplicated and utilized by other municipalities
that are flexible enough and committed to exploring and entering
into strong community partnerships for the primary purpose of
improving the quality of life for their children.
As can be determined from the content of our application, we are
attempting to reach as many as possible who are in need of our
services. We have done well towards this goal; however, there
are still many who could benefit. By obtaining the one-time
grant of $lOO,OOO we would be able to increase the capacity of
our program.
Should you have any questions regarding our submission please
contact Joe Dragon, Assistant Director of Parks and Recreation,
at (407) 243-7253. This is our second attempt at having this
worthy effort chosen as one of the award-winning programs. We
look forward to hearing from you in the near future.
incer(5 ~
o eph H. Weldon
D' ector of Parks and Recreation
DR:JW: jmh
REF:JW278.DOC
Enclosure
cc: Joe Dragon, Assistant Director of Parks and Recreation
THE EFFORT ALWAYS MATTERS
INNOVATIONS IN STATE AND LOCAL GOVERNMENT 1991 PRELIMINARY APPLICATION: DATA SHEET
Application Deadline: Wednesday, January 9,1991 at 5:00 P.M.
1. Name of program: Af:t:exu S_çhºoJ R~ç~e_a_tiº1!LÇ1!i~(LÇa_re Progt'ªm_ __ ________
Type of jurisdiction:_ __ State_ County_}l Cityrrown Tribal Government___ _ Special Authority
Name of jurisdication:øo_ty_--º!_'þeJ.!'ªy...]each. --- _ __ _ Population: __4J>_8-º-0_ ______
Government unit through which program is administered:.Parks and Recreation_D.e.pa.rtment ___
Contact person: J.o_e_Dragon ---- ..---"-----.-'-------,----- _..- - __'0- __~._."___ _~__
Title:_Assistant _ DirectDr... J:>arks_andRecreation__ ------
Address: _ 50 N. W. lst..__Av_enue_
City: De I 'I:' ay_ :B.~ªçh __ State: Florida Zip Code: 33444
Telephone: _(407) 243-7253-
2. Date program began:_S~ptembe"I." 19a6
3. Type of function (please check one only):
____ . __ Administration and Management ______ _ Housing
________ Arts and Cultural Policy ___ _ ____ Job Training and Placement
_ __ ______ Communication/Information Policy ___~__ Open Space and Recreation
_______ Community and Economic Development _______ Public Finance
_____ __ Criminal Justice ____O__n_ Public Safety
___ ___ Drug Abuse Treatment/Prevention _______ Public Works/Infrastructure
. ___un_un Education _______ . Social Services
__ Environmental Management _______ Other: _ ______________ __.____________
____ Health
.- 4. Source of funding for program: .lL Public __ Public/Private Partnership _ Other: ______ _________
....
5. How and where did you learn about the Innovations Program? Please specify.
_______ Professional Publication:_ ____ ________________________________________ _____
____ Newspaper/Magazine: __ .-_..---_._~----------_._-
_____ Television/Radio/FilmlVideo: ______ -- ---'----------------------- ---------' ---~-----_._---------_._.__..__.
___ Professional Conference: __ _,_.____.__,______'__n'_n____.____._____._.____._____._____,______
__~_ Colleague: .1he_Çlli--,--ª Grants AdmiI!.!ßtra.J:_ºL.cQJ1tª~t~d_j:he_for.d__F_Q!.m.dª_t.i_ºtL_
6. Has an application been submitted on behalf of this program before? ____L_ __ Yes______ No
If yes, for which year(s)?______1986 _________ 1987 _________1988 ____X__1990
7. This application must be signed by the Director (or equivalent) of the responsible agency.
I certify that, to the best of my knowledge, the information contained in this application i5 accurate.
.
-~_._-~.._~-_.__.~------- -------"-..---.-- ~ity_ Mana.&~t"_________
Signature Date
David T. Harden, City Manage~__
Printed name and title of Agency Director
INNOVATIONS IN STATE AND LOCAL GOVERNMENT 1991 PRELIMINARY APPLICATION
Application Deadline: Wednesday, January 9, 1991 at 5:00 P.M.
Program:_Aí:tgrScjlºº1 ~E.e~rgª:t:i,ºn¡Chil<l__CarfLPI:"og:ram
Please answer the following questions. Answers which exceed the space provided will not be considered. We wilL
however, accept word-processed applications not exceeding two 8Y2" X 11" pages with one-inch margins. Word-processed appli-
cations must include the full text of the questions as well as the answers. To ensure that your application is legible, all responses
must be printed in type no smaller than 10 point (approximately 16 characters per inch). Applications printed in compressed or
smaller type will not be accepted. In preparing your answers, please feel free to include pertinent information other than that
specifically requested. The questions should guide but not limit your responses.
1. Describe your innovation.
A. What are its purposes, clients and methods?
B. How is it innovative? In what ways does your program represent a creative departure from previous practice?
A. The primary purpose of our program is to reduce idle, non-focused time and decrease
difficulties and problems associated with young school-aged children being left
alone in the home prior Co a parent's return from work. The program is open to
Delray Beach residents between the age of 6 and 15. In order to accomplish our
goals these primarily "latch-key" children are bussed from their schools to one of
three recreation centers where they receive supervised tutorial and recreational
activities. Our program allows these children, many of whom would not otherwise
have the opportunity, to participate in a variety of meaningful activities which
will assist them in the development of strong social values and inter-personal
relationships not often found nor rewarded in the "hostility of the streets".
B. The concept of after-school programs is not new. What makes our program "unique"
. is that through the cooperation of several agencies, i.e., the local School Board,
- ,
the Palm Beach County Children's Services Council, Police Department etc., we are
able to provide staffing and services which are program specific. We are also able
to conduct the activities at our recreation centers and not in the typical school
settings of most other after-school efforts. This allows for much greater flexibil-
ity and innovation in both program design and operation, e.g. ice skating, ocean
awareness, and other non-traditional recreational activities.
2. What have been the results of your innovation? Use both descriptive and quantitative information.
A. What has the program or policy initiative accomplished?
B. Have there been unexpected results?
C. Has this program been replicated?
A. Our program started four years ago with only 35 children and a budget of $10,000.
This past year we served 356 unduplicated children with a program staff of 19 and
a total annual budget approaching $200,000. This outstanding growth demonstrates
that our program is not only well conceived but is also providing a needed service
within our community.
B. Our program is not only addressing the original goals involved with recreational
issues but we find ourselves in a position where we are now responding to social
issues relating to performance and behavior at school and in the home. We have
found that it is difficult to separate the recreational from the social in
ensuring the total well-being of the child.
C. To our knowledge our program is somewhat unique in its format and delivery of
services. Other municipalities have sought our counsel in their planning of
similar type programs.
3. What obstacles, if any, had to be overcome in order for this innovation to reach fruition?
We are fortunate that our program was developed in response to a joint request from
the Community Chest and the Palm Beach County School Board to provide after school
services to 35 elementary school children. The continued success of the program is
based upon the recognition of the problem and the development of a program that is
"user friendly" to those most in need of the services. The transportation issue was
key in making our program workable. Through the cooperation of the School Board and
the local school administrators the children are bused from school to the various
recreation centers. We also maintain our own buses for use in field trips and in one
situation we pick up children from the school to bring to our program. We also provide
transportation for those in need at the end of each daily session to pre-arranged drop
off sites. Last year 23% of the children required these additional transportation services
in that a parent was unable to pick up their child at one of our recreation centers.
After the second year of our program we could see that we were in need of additional
funding so as to expand our efforts and reach more children. We were successful in
obtaining additional monies from the Palm Beach County Children's Services Council.
Currently we are in the third year of funding from this organization.
4. Who are your clients?
A. How do you define your clients?
B. What percentage of the potential clientele does your program currently serve?
C. How many clients does your program currently serve?
A. There are no special eligibility criteria established for participation other than
being a Delray Beach resident and be between 6 and 15 years of age. Many of our
participants parents fall below the City's median income level. Our After School
Program is proving to be of major benefit for these children and their families. A
number of children are bused to schools outside the City. Many of our program part-
icipants are from this category.
B. A total of 1000 students have been identified as needing after school programs.
Last year we served 356 unduplicated children or 35.6%. In addition the four
elementary schools serve approximately 400 in their programs. Together, this
.... accounts for 75.6% of the potential users.
~
C. During the current year 10/01/90 thru 09/30/91 we hope to serve 375 individuals.
5. What is your budget and the source of your funding?
For FY 90-91 the total program budget is $221,897. Of this total we will recieve
$154,702 from the Palm Beach County Children's Services Council. This council is
an independent, special district of local government authorized by Florida Statute.
Their mission is to enhance the lives of the children of Palm Beach County. The City
of Delray Beach will provide the remaining $67,195.
6. Did you include: ~Data Sheet? Jl Signature of Director? _1L Self-addressed, stamped postcard?
1L Original, plus eight photocopies on 3-hole-punched paper?
INNOVATIONS
Taubman Centerfor State and Local Government
John F. Kennedy School of Government
Harvard University
79 JFK Street
(617) 495-0557
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM * 2!1B - MEETING OF DECEMBER 11, 1990
APPROVAL OF EASEMENT DEED (FIRE STATION NO. 2)
DATE: December 7, 1990
This item before the Commission is approval of an easement deed
to Florida Power & Light as required to provide permanent elec-
trical service to Fire Station No. 2. The easement is over a
portion of the property acquired from Ocean Properties for the
proposed beach parking lot.
Recommend approval of the easement deed.
, /
ENGINEERING DEPARTMENT
M E M 0 RAN DUM
,...,."
TO: SUSAN RUBY Ól\~\o\~:f§:
ASSISTANT CITY ATTORNEY
(:'~'":!j i\'" '~.. ';"" " c. \;,",.;1;
FROM: JOHN WALKER ~
PROJECT COORDINATOR
DATE: SEPTEMBER 25, 1990
SUBJECT: FIRE STATION #2
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached for execution by the City are three copies of an
easement deed to Florida Power and Light. The easement is over a
portion of the property recently acquired from Ocean Properties.
We provided the description and have checked the final draft.
As noted in Florida Power and Light I S letter, all three copies
should be returned to Florida Power and Light for recording.
JW:kt
cc: Chief Koen
Charles Axelrod
J
"fØ ao< 24"', D".., amh, Fl33441"24"
FPL.
~ ........
~..r~~···
:'"""'-~.::..." . ,'" .~, .~;.\
I... ~: . \
September 13, 1990 ':. " 1 Ç¡~ \,
, l'.r..? \ ~ \
\)~ :; \. ...
, " ,,: :",;,',":"~:\"':> '.):...' ;/
I .-..""'" ~
Mr. John Walker":""'" .~~
City of Delray Beach ~~
100 N. W. 1st Ave.
Delray Beach, Fl. 33444
Re: Proposed Fire Station
Andrews Avenue
Dear Mr. Walker:
Please have the enclosed Easement signed by the
appropriate City official. This additional ease-
ment is required to provide permanent electrical
service to the Fire Station. The easement is to cover
the parcel of land acquired for the proposed beach
parking lot. Please have all three copies signed
and returned to me for recording.
If you have any questions, please call me at
265-3104.
Yours truly,
f1-6 ~
A. G. Russi1lo, Jr.
Power Service Representative
AGR/nb
Enc.
an FPl Group company
- -~_.- _...
Prepared By: Dave Weot
RWO/~O/TWO/ER Florida Power & Light Catpany
. . . . . 1.6" 46 43 240 NE 2 Avenue, Delray Beach, FL 33444
Sec_,TwP_S,Rge_E_
EASEMENT
Fo,m 3723 (SIOCkOd, Rov. 2/86
The undersigned, in consideration of the payment of S 1.00 and other good and valuable considera-
tion. the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power &
Light Company, its licensees, agents, successors, and assigns, an easement forever for the construc-
tion, operation and maintenance of overhead and underground electric utility faciliHes (including
wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time:
with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of
and remove such facilities or any of them within an easementl&-feet in width (the approximate
locatiqn of which is shown in the sketch on Pale 2 of this instrument) located within the following
described property: Parce I
The Northerly 10 feet of the folla>1Íng described parcel of land. A Parcel of land
being a FOrtion of Original Lots 13, 14 & 15, Ocean Beach Subdivision, Section 16.
Township 46 5, Range 43 E, Delray Beach. Palm Beach County, Florida. Irore particularly
described as follcws:
Cœrnencing at the intersection of the centerline of Atlantic Avenue and the East
Right-of-Way line of Andrews Avenue extended; thence with said East Right-of-Way
line Northerly 612.83 feet to the North line of the South Half (S ~) of Original
Lot 13; thence with an interior angle to the left of 89 degrees 47' 30", 153.00 feet
along said North line of the South Half (S ~) of Original Lot 13 in an Easterly
direction of the Point of Beginning; thence continuing along said North line, 314.95
feet in an Easterly direction to the West Right-of-Way line of Ocean Boulevard (S.R.
AlA); thence with an interior angle to the left of 81 degrees 18' 07", 57.66 feet in
a Southerly direction along said West Right-Of-Way line; thence with an interior
angle to the left of 98 degrees 41' 53", 306.02 feet in a Westerly direction; therce
with an interior angle to the left of 90 degrees 12' 30", 57.00 feet in a Northerly
direction to the Point of Beginning, containing 0.406 acres, rrore or less.
Together with the right to permit any other person, firm or corporation to attach wires to any faci-
lities hereunder and Jay cable and conduit within the easement and to operate the same for commu-
nication purposes with the right of ingress and egress to said premises at all times, to clear the land
and keep it cleared of all trees, undergrowth or other obstructions within the easement area; to
trim and cut and keep trimmed and cut aU dead, weak, leaning or dangerous trees or limbs outside
of the easement area which might interfere with or fall upon the lines or systems of communi-
cations or power transmission or distribution, and further grants, to the fullest extent the under-
signed has the power to grant, if at all, the rights hereinabove granted on the land heretofore des-
cribed, over, along, under and across the roads, streets or highways adjoining or through said pro-
petty.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on
. 19_.
Signed, sealed and delivered in the
presence of:
By: President
._------ Attest:
Secre tary
(Corp. Seal)
.
STATE OF AND COUNTY OF
The foregoing instrument was acknowledged before me this day
of ,19_,bY
and respectively the
President and Secretary of
, a corporation, on behalf of said corporation.
My Commission Expires:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt?1
SUBJECT: AGENDA ITEM II?S C!..- - MEETING OF DECEMBER 11, 1990
EMERGENCY REPAIR SERVICES OUTSIDE CDBG TARGET AREA
DATE: December 6, 1990
The item before the Commission is a request to waive CDBG Policies and
Procedures regarding provision of housing assistance to structures within the
CDBG Target Area in order to allow the provision of emergency repairs for a
structure located outside the Target Area.
The CDBG Target Area is bounded on the north by Lake Ida Road, on the south by
Linton Boulevard, on the east by Federal Highway, and on the west by 1-95.
Paragraph C2 of the Program Statement of Policies and Procedures states that
"only those properties located within the boundaries of the CDBG designated
target area are eligible for housing assistance."
The Community Development Division has been contacted regarding a severe need
situation for property located at 2702 Florida Boulevard which is outside the
target area. An inspection has been conducted and a determination made that an
emergency situation does exist, with roof repairs set to begin immediately upon
approval of this request. The applicant meets the federal eligibility criteria
for Community Development Block Grant funds.
The CDBG Emergency Repair Program was implemented in fiscal year 1989-90 to
address emergency repair situations of this nature, as well as to eliminate the
traditional Housing Rehabilitation Program waiting period of up to two years for
housing units with severe need. Funds are available for up to $3,000 per unit
from Emergency Repairs Account #118-1963-554-62.08.
Recommend approval of the waiver of CDBG policy to allow the provision of
emergency repair services for a structure located outside of the CDBG Target
Area.
Agenda Item No. :
AGENDA REQUEST
Date: 12/4/90
Request to be placed on:
Regular Agenda
Special Agenda
Workshop Agenda When: DECEMBER 11, 1990
xxx Consent Agenda
Description of item (who, what, where, how much): WATV"R"R OF POT.TC.V "R"R~A1IDING
CDBG FUNDING OF P"ROP"R"RTT"RS WTTHTN TH"R D"RST~NAT"RD TA"R~"RT ARFA
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: RECOMMEND APPROVAL WITH FUNDING FROM ACCOUNT # 118-1963-554-62.08
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). :
Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO !
Funding alternatives: ~if applicable~ .
Account No. & Des~p~lbn: "'~~3-~·s4.62:V, E~~ ~f)
Account Balance:
City Manager Review:
Approved for agenda: @/ NO tØ1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
M E M 0 RAN DUM
December 4, 1990
TO: David Harden, ci ty Manager y é:!
;- 0
From: Dorothy Ellington, Community Development Coordinator vV
Thru: Lula Butler, Community Improvement Director
Subject: Request for Commission Approval To Provide Emergency
Repair Services Outside CDBG Target Area
ITEM BEFORE THE COMMISSION
Request the waiver of CDBG policies and Procedures regarding
provision of housing assistance to structures within CDBG Target
area.
BACKGROUND
The CDBG Program Statement of policies and Procedures at
Paragraph C2 states that "only those properties located within
the boundaries of the CDBG designated target area are eligible
for housing assistance". (The CDBG target area is that area
bounded on the north by Lake Ida Road, on the south by Linton
Blvd. , on the east by Federal Highway and on the west by I-95.)
The owner of property located outside of target area (2702
Florida Avenue) was referred to Community Development by
residents of the communi ty who have been assisting with minor
repairs for some time now. We have done an initial inspection
of the property and determined that a severity of need exists and
emergency roof repair should begin immediately upon approval of
this waiver request. The applicant meets the federal eligibility
criteria for Community Development Block Grant funds.
The CDBG Emergency Repair Program was first implemented in fiscal
year 1989-90 to address emergency roof repair, plumbing problems,
dangerous electrical problems, etc. In our traditional Housing
Rehabilitation program a resident must wait for up to two years
for repairs. This new program is designed to eliminate this
waiting period for the most severe housing repairs. Funds are
available for up to $3,000 per unit.
RECOMMENDATION
Staff recommends the waiver of CDBG Policy to allow the provision
of Emergency Repair outside of CDBG Target Area.
.
. [ITY DF DELAAY BEA[H
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager ~
SUBJECT: Agenda Item # <g D Commission Meeting, December 11, 1990
Contract Amendment #2 Waste Management, Inc.
DATE: December 7, 1990
City Commission is requested to approve contract amendment #2 to the
refuse contract with Waste Management, Inc.
The amendment formalizes actions taken by Commission during the budget
process, eliminates language that addressed the residential pilot
recycling program, adds the new rate schedule approved in the budget,
revises the service map, and clarifies language regarding the
residential recycling program.
The amendment adds the second regular weekly bulk trash pickup in the
target area (bordered by S. W. 10th Street, 1-95, Lake Ida Road, and
U.S. 1) and the additional areas approved in the budget process. The
areas added were 1) the area bordered by Linton Boulevard, 1-95, S.W.
10th Street and U.S. 1 and; 2) the area bordered by N.E. 4th Street,
N.E. 2nd Avenue, N.E. 22nd Street and the FEC Railroad tracks.
The second regular weekly pickup was added at no charge to the
customers, costs being absorbed by the fund surplus.
City Manager recommends approval of Amendment #2.
DTH:rab:kwg
~Øl CðìUJú<Sl-
$-0
THE EFFORT ALWAYS MATTERS
,CITY.RTTORNEY'S OFFICE TEL No. 407 278 4755 Dee 1:14,90 12:21 P'.02
I
!
I
AM¡::;NDM~N'r NO. 2 TO REFUSE CONTRACT DATED
MARCH 1, 1989 BETW~~N THE CITY OF DELRAY BEACH AND
WASTE MANAGEMENT, INC. OF FLORIDA FOR COLLECTION AND
RECYCLING OF GARBAGE AND TRASH WITHIN THE
CITY OF DEL~Y BEACH, FLORIDA
I
This Amendment No. 2 to the Agreement dated March 1,
1989 and Amendment No. 1 thereto is made and entered into this
day of - 1990 (hereinaft.er
~-~ ,
referred to as the "Re fuse cont.ract It) , by and between the CiLy
of Delray Beach, a Florida municipal corporation, (hereinafter
referred to as "City"), and Waste Management, Inc. of Florida,
(hereinafter referred to as the "contractor").
- -, "
WIT N E SSE T H
WHEREAS, the City and the ContrtH..:'LuL' hðve entered
into a Refuse Contract to provide for the collection dUÙ
recycling of garbage and trash within the City of Delray Beach,
Florida, by the Contractor; and,
WHEREAS, the City and the Contractor wish to modify
the Retuse contract which provides for the collection and
recycling of garbage of trash to provide tor twice weekly
scheduled pick-up to collect all Garden and Yard Trash, Bulky
Waste, and House-Hold Trash in an expanded area; and,
WHEREAS, the City and the Contractor wish to modi fy
the Refuse Contract to provide tor Types of Sel'v ice F, G, and
Hi and,
.
CITY ~TTORNEY'S OFFICE TEL No. 407 278 4755 Dee 04,90 12:22 P.03
I WHEREAS, the City and the Contractor wish to modi iy
the Hefuse Contract by . deleting Section 4, "Recycle Delray
Beach - Pilot Programs"; and,
I
I WHEREAS the City and the Contractor desire to amend
the refuse contract to provide that the City shall be the owner
of all recyclable materials collected in the program and shall
dispose of all recyclable materials 1n açcordance with iLs
intûrlocal agreement with the Palm Bedch County Solid Waste
Authority and further requiring the Contractor to deliver
recyclable materials directly to the solid Waste Authority;
.
and,
! WHEREAS, the City and the contractor desire to awend
the Ref.·use Cont.ract by amending Appendix c; and,
WHEREAS, the City and the Contractor desire to amend
I
the refuse contract and Ame·ndment No. 1 in order to amend
Appendix B which shows the type of service to be rendered
lhrQughout the City.
WHEREAS, the City and the Contractor desire to amend
the Rafuse Contract to provide for a table of çontents.
NOW, THEREFORE, IN CONSIDERA'l'ION OF THE MUTUAL
COVENANTS, PROMISES AND REPRESENTATIONS SEtt' FORTH HEREIN AND
FOR OTHEk GOOD AND VALUABLE CONSIDERATION, WHICH IS HEREf3Y
ACKN()WL~l)GED, THE PAR'l'IES HERETO AGREE AS FOLLOWS:
1. That, the recitations stated above are Lrue and
correc~ and 1ncorporated herein.
2. That the first sentence of Section 2, II Scope 0 f
Work" , paragraph 2 of the Refuse contract 1s deleted and a new
4
2
CITY ~TTORNEY'S OFFICE TEL No. 407 278 4755 Dee 04,90 12:22 p ,IJ4
Section 2, "scope of Work" , paragràph 2 first sentence is
supplemented to read as follows:
The map attached hereto as Appendix B and expressly
made a part hereof, delineates the areas ot the City
which will receive Type A and F (Roll~out Carts), Ot'
*
Type B and G (Rear door/Side door) , or Type C
(curbside-Garbage and H.ousehold Trash., in DipU:;it1ble
containers) or Type D and H (Curbside-Owner::; Con-
tainer) Service.
3. Appendix B to the Refuse Contraçt 1s hereby
deleted. A revised Appendix~B 1s attached hereto and incurpo-
l:'ated herein.
'. . .4. That the first sentence of Section 2~ "Scope of
Work", ?aragraph 7, "Roll-Out Cart Service-Type A", Subpara-
graph A, of the Refuse Contract is hereby deleted, \..he subhead-
ing 1s modified, and a new first sentence of paragraph 1.A is
created to read as follows:
7. ROll-out Cart Servlc~ - Type A and F
A. The Contractor shðll furnish and deliver Lo each
dwelling unit or each unit in a multiple dwell-
ing unit (not serviced with mechaniçul
containers) served in the é\L'eaS designated !OL
Type A and Type F service on the service dL'ea
map attached as Appendix B, . one roll-out cart
ready for use.
3
CITY. 8TTORNEY'S OFFICE TEL t~o. 407 278 4755 Dee 04,90 1"-'1. .'-°17 F'.05
L . ¿.._)
5. Section 2, "scope of Work", Paragraph 8, "Rear-
Door/Side-Door Service - Type B" of t.he Refuse Contrâct is
hereby amended by amending the heading to Paragraph 8 to read
(IS follows:
8. Rear-door, Side-doorL Service-Type Band Q
6 . That Section 2, "scope of Work" , Paragraph 10,
I
"Curbside-Owner's container-Type D," ot the Refuse Contract is
hereby amended by amending the heading to Paragraph 10 to read
d5 follows:
10. curbside-Owner's Container-Type D aod H
7 . That Section 2, "scope of Work", ParaYI."Qph 13,
"Bulky Waste, Other Garden and 'iard Trash and Courtesy 5~.Lv.i.ce"
of the Refuse Contract is hereby deleted in its entirety &nd a
new paragraph 13 is çreat~d to read as follows:
13. Bulky wastet Other Garden and Yard Trd~h,
Household Trash, and Courtesy s~rvice
In addition to the regular collection as set
forth in this contract, t.he Contractor shall
provide continuous, twice wttekly, scheduled
pick-ups, to collect all Garden and Yard Trash,
Bulky waste, and Household Trash in t.he area of
the City that is bounded to the North by Lak(~
Ida Road and N.E. Fourth Street, bounded on the
South by Linton Boulevard, bounded on the Eð.st
by North bound Federal H19hway and bounded on
the West by Inters~ate 95 and; the area bounded
.
on the North by N.E. 22nd Street, bounded on the
4
(ITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Dee 04,90 12:23 p' . or:;
,
,
West by N.E. Second Avenue, bounded on the South
by N. E . Fourth Street, and bounded on the East
by Old Dixie Highway. The above areas include
paved alley ways. The rest of the city, not
included in the area described herein shall be
provided with the same service on a ca.ll-ln
basis, with a mandatorÿ 72 hauL" response time
from the Contl;c:t.cto.r, excluding sundays and
-
Holidays. The Cont.ractor shall also collect
Bulky Waste, Household Trash and Garden and Yard
Trash from the awale or right-of~way of vacant
lots in røsidentially developed neighborhoods at
no additional charge. (Paved aLley ways ð. .L'e
considered right-of-way areðs.)
The contractor, in the spirit of cooperaLion and
goodWill, turther agrees to use its best efforts
to work closely and cooperate with Lhe Code
Enforcement Division to resolve sp~cial prQÞlems
and sit.uations which are not specificølly
required under the terms of this Agreement 1n a
timely and satisfactory basis.
8. Section 4, "Recycle Delray Beach-Pilol P,(ograms"
of the Refuse Contract is hereby deleted in its entirety.
9 . That Section S, "Recycle Delray Beach Ci Ly-Wide
Progl:a.m" I Paragraph 5, "Ownersh.ip and Sale ot Recyclable
Materials" of the Refuse Contract, is hereby deleted in its
.
5
(ITY ~TTORNEY'S OFFICE TEL No. 407 273 4755 Dee 04,90 12:24 P.07
.
entirety and a new Paragraph 5, "Ownership and sale of Recycla-
ble Materials is created to read as follows:
5. Owner6hip and Sale of Recyclable Materials
The City shall be the Owner of all Recyclable
Materials collected in the curbside residential
program and shall dispose of all recyclable
materials in accordance with its 1nterlocal
-
agreement with the Palm Beach County Solid Waste
AuLhority. The ContI'actor shall deliver the
Recyclable Materials consisting of glass, paper,
plastic and aluminum collected at curbside and
newspaper collected trom multi-family collection
bins directly to th4d Palm Beach Count.y sol id
Wast.e Authority.
10. That Section 6, "payment to Contractor", Para-
graph 2A, "Additions and Deletions, Changes in Residential
Service" of the Refuse Contract is hereby amended by deleting
the (lrst sentence of paragraph 2A ând substituting a new fh'st.
sentence to reðd t\s follows:
1\. Additions and Deletions I ~..£}]_anges in Residential
Service.
On the first day of each month, the contract paymont
for Type A, 8, C, D, F, G, ând H Service and refuse
.
Container service, shall be adjusted to corL'espond
6
(TTY RTTORNEY'S OFFICE TEL No. 407 273 4755 Dee 04,90 12:24 P.03
with the occupancy of existing or new buildings, and
the demolition of old buildings.
11. 'l'ha t the first Séntence of Section 6, "Payment
to Contractor", paragraph 4, "Method of Billing", subparagraph
B of the Refuse Contract is hereby delet.ed and a new first
senU:!nce of subparagraph 48 1s hereby created to read as
follows:
-
Except as modified below, the City s hô 11 bIll the
customers for all Type A, B, C, D, F, G, and H
service, and dwelling units using newspaper recycling
containers. Refuse Container Ser:·v lee, dnd Recyclable
Material collection rendered by the City or the
contractor pursuant to this contract.
12. 'J.'hat the Rafuse COnLraC1... J5 l1erel)y amended to
provide a Table of Contents which 1s a!f1xed hereto and incor-
porated herein.
13. All terms and conditions of the Re[use Contract
dated March 1, 1989, and Amendment No. 1 thereto (the Refuse
Contract) between the City and the Contractor, except as may be
in express conflict with Amendment No. 2, shall be unaffected
by this Amendment and shall remain in full force and effect.
.
7
CITY ~TTORNEY'S OFFICE TEL t~o. 407 278 4755 Dee 04,90 12:25 P. O'~J
.
. .
IN wrrrNESS WHEREOf', the parties hereto have entered
into Amendment No. 2 of the Refu~e Contract as of the day and
year first aboye written.
CITY OF DELRAY BEACH, ¡"LORIDA
By: ____,..---
Mayor
Att.est:
City_ clerk
Approved as to Form:
ëlty At..Lorney .~
WAST!:; MANAGEMENT, INC. OF
FLORIDA, a Fla. Corporation
-- By: _____...
WitnesS Title
~ (SEAL)
Witness
State of
county of
I HEREHY CERTIFY that on this date before me, an
officer duly ~uthorized in the state and county named above to
take acknowledgments, personally appeared -,- -'
known to me to be the persons described in and who executed the
foregoing instrum~nt. as of
.
8
(ITY ATTORNEY'S OFFICE TEL ~,10. 407 278 4755 Dee 04,'~JO 12:25 F' . 1 CI
. .
, a corporation organized under
the laws ot the state of . He acknowledged
before me that he executed the foregoing instrument as such
officer in the name and on behalf of the corporation, and that
he also affixed thereto the official seal of the corporation.
SWORN TO AND SUBSCRIBED before me this day of
, 1990.
--
Notary Public
My Commission Expires:
.
9
. \C.0CJ V t::G J
.,
.. OCT
. 0 1 90 .
.
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- .
SOLID WASTE REMOVAL AND RECYCLING CONTRACT
BETWEEN /'
CITY OF DELRAY BEACH (RECt:. " _.
AND
WASTE MANAGEMENT INC. OF FLORIDA I
I OCT o 1 90
I
APPENDIX C - SCHEDULE OF RATES (Page 1 of 4) I
~OMM. SVCS. GROUP
EFFECTIVE OCTOBER 1, 1990 ------------------------------------------------------------------------
------------------------------------------------------------------------
SECTION A - RESIDENTIAL RATES (GARBAGE AND TRASH SERVICE)
HAULING CHARGES TYPE A TYPE B TYPE C TYPE D
--------------- ------- ------- ------- -------
BASE PRICES (1) $15,428.23 $23,540.70 $0.00 $10,935.27
ADD-UNIT RATES (1) $5.32 $5.97 $1. 29 $4.05
TYPE F TYPE G TYPE H TOTAL
------- ------- ------- -------
BASE PRICES (1) $0.00 $0.00 $0.00 $49,904.20
ADD-UNIT RATES (1) $5.32 $5.97 $4.05 N/A
(1) Brought forward for C.P.I. increases thru October 1, 1990
DISPO~L CHARGES NOT APPLICABLE .
------------------------------------------------------------------------
------------------------------------------------------------------------
SECTION B - RESIDENTIAL RATES (BULK TRASH PICKUP SERVICE)
HAULING CHARGES TYPE A TYPE B TYPE C TYPED
--------------- ------- ------- ------- -------
BASE PRICES (1) $3.71 $1. 31 $0.44 $1. 31
TYPE F TYPE G TYPE H
------- ------- -------
BASE PRICES (1) $1.31 $3.71 $3 . 71 (2)
(1) Brought forward for C.P.I. increases thru October 1, 1990
(2) Types G and H are expanded service areas for the Bulk
Trash Pick-up Program only
DISPOSAL CHARGES NOT APPLICABLE
------------------------------------------------------------------------
------------------------------------------------------------------------
SECTION C - RESIDENTIAL RATES (CURBSIDE RECYCLING SERVICE)
HAULING CHARGES TYPE A TYPE B TYPE C TYPE D
--------------- ------- ------- ------- -------
BASE PRICES (1) $1. 88 $1.88 $1. 88 $1. 88
HAULING CHARGES TYPE F TYPE G TYPE H
--------------- ------- ------- -------
BASE PRICES (1) $1. 88 $1. 88 $1. 88
(1) Brought forward for C.P.I. increases thru October 1, 1990
------------------------------------------------------------------------
------------------------------------------------------------------------
Note: All rates above represent monthly charges to the City.
· SOLID WASTE REMOVAL AND RECYCLING CONTRACT
BETWEEN
CITY OF DEL RAY BEACH
AND
WASTE MANAGEMENT INC. OF FLORIDA
APPENDIX C - SCHEDULE OF RATES (Page 2 of 4)
EFFECTIVE OCTOBER 1, 1990
------------------------------------------------------------------------
------------------------------------------------------------------------
SECTION D - COMMERCIAL RATES (GARBAGE & TRASH SERVICE)-RESIDENTIAL
HAULING CHARGES 2 CU YARD 3 CU YARD 4 CU YARD 6 CU YARD 8 CU YARD
--------------- --------- --------- --------- --------- ---------
1X PER WEEK SVC $28.00 $39.00 $48.00 $66.00 $82.00
2X PER WEEK SVC $56.00 $77.00 $95.00 $132.00 $163.0.0
3X PER WEEK SVC $84.00 $116.00 $143.00 $198.00 $245.00
4X PER WEEK SVC $112.00 $154.00 $190.00 $264.00 $326.00
5X PER WEEK SVC $140.00 $193.00 $238.00 $331. 00 $407.00
6X PER WEEK SVC $168.00 $231. 00 $286.00 $397.00 $489.00
COMMERCIAL RATES (GARBAGE & TRASH SERVICE)-NON RESIDENTIAL
IX PER WEEK SVC $66.00 $95.00 $123.00 $180.00 $233.00
2X PER WEEK SVC $132.00 $191.00 $247.00 $360.00 $466.00
3X PER WEEK SVC $198.00 $286.00 $370.00 $540.00 $700.00
4X PER WEEK SVC $264.00 $382.00 $494.00 $719.0~ $933.00
5X PER WEEK svê $329.00 $477.00 $618.00 $8~9.00 $1,166.00
6X PER WEEK SVC $395.00 $573.00 $741. 00 $1,079.00 $1,399.00
Note: Rates are stated in terms of monthly service charges, and
customers are invoiced directly by Waste Management.- Rates
include C. P. I. increases and applicable disposal adjustments
that have been approved by the City thru October 1, 1990.
------------------------------------------------------------------------
------------------------------------------------------------------------
SECTION E- COMMERCIAL RATES (MIXED PAPER RECYCLING SERVICE)
HAULING CHARGES 2 CU YARD 3 CU YARD 4 CU YARD 6 CO YARD 8 CO YARD
--------- --------- --------- --------- ---------
lX PER WEEK SVC $44.97 $64.85 $82.63 $119.24 $152.71
Note: Rates are stated in terms of monthly service charges, -and
Waste Management will invoice the City for services as well
as provide the City with a detailed list of commercial
recycling customers and containers. Waste Management will
provide 2-cubic yards of container space for each thirty
(30) dwelling units located in condominium or apartment
complexes. Waste Management will determine appropriate
container sizes in cooperation with the owners/operators
of the condominiums and apartments. Recycled mixed paper
will be collected once each week.
------------------------------------------------------------------------
------------------------------------------------------------------------
Note: Commercial rates for garbage and trash service (Section D)
include billing surcharges and other add-on items which
are passed back to the City on a monthly basis. Refer to
Section F of this appendix (Page 3 of 3).
. SOLID WASTE REMOVAL AND RECYCLING CONTRACT
BETWEEN
, CITY OF DELRAY BEACH
. '
AND
! WASTE MANAGEMENT INC. OF FLORIDA
APPENDIX C - SCHEDULE OF RATES (Page 3 of 4)
EFFECTIVE OCTOBER 1. 1990
-------------------------------------------------------------------------
------------------------------------------------------------------------
SECTION F - COMMERCIAL BILLING SURCHARGE & PASSBACK SCHEDULE
RESIDENTIAL DUMPSTERS I
NEW CITY RES ADDITIONAL
CONT CONT ORDINANCE FEES EQUIV BULK TOTAL
SIZE FREQ RATE 3% $.75 CHARGE P-BACK
-------------------------------------------------------------------
2 1 $28.00 $0.70 $3.00 $3.04 $6.74
2 2 $56.00 $1.40 $6.00 $5.15 $13.15 I
2 3 $84.00 $2 . 10 $9.00 $8.79 $19.89
2 4 $11Z.00 $2.80 $12.00 $11. 83 $26.63
2 5 $140.00 $3.50 $15.00 $14.54 $33.04
2 6 $168.00 $4.20 $18.00 $11.58 $39.78
.
-
3 '1 $39.00 $0.96 $4.50 $4.39 $9.85
3 2 $11.00 $1. 91 $9.00 $8.19 $19.10
3 3 $116.00 $2.81 $13.50 $13.18 $29.55
3 4 $154.00 $3.82 $18.00 $11.58 $39.40
3 5 $193.00 $4.78 $22.50 $21.98 $49.26
3 6 $231. 00 $5.73 $27.00 $26.37 $59.10
4 1 $48.00 $1. 16 $6.00 $5.75 $12.91
4 2 $95.00 $2.34 $12.00 $11.83 $26.17
4 3 $143.00 $3.50 $18.00 $17.58 $39.08
4 4 $190.00 $4.61 $24.00 $23.33 $52.00
4 5 $238.00 $5.84 $30.00 $29.42 $65.26
4 6 $286.00 $7.01 $36.00 $35.16 $78. 17
6 1 $66.00 $1. 60 $9.00 $8.19 $19.39
6 2 $132.00 $3.20 $18.00 $17.58 $38.78
6 3 $198.00 $4.80 $21.00 $26.37 $58. 17
6 4 $264.00 $6.41 $36.00 $35.16 $77.57
6 5 $331.00 $8.01 $45.00 $43.95 $96.96
6 6 $397.00 $9.61 $54.00 $52.75 $116.36
8 1 $82.00 $1. 95 $12.00 $11. 83 $25.18
8 2 $163.00 $3.89 $24.00 $23.33 $51. 22
8 3 $245.00 $5.85 $36.00 $35.16 $77.01
8 4 $326.00 $7.80 $48.00 $47.00 $102.80
8 5 $407.00 $9.74 $60.00 $58.49 $128.23
8 6 $489.00 $11 . 69 $12.00 $70.33 $154.02
-------------------------------------------------------------------
Note: Waste Management provides the City with a summary total of
containers by size and frequency. calculates the total amount
of fees due the City, and remits all fees to the City on a
monthly basis.
- .. . SOLID WASTE REMOVAL AND RECYCLING CONTRACT
BETWEEN
CITY OF DELRAY BEACH
. AND
WASTE MANAGEMENT INC. OF FLORIDA
APPENDIX C - SCHEDULE OF RATES (Page 4 of 4)
EFFECTIVE OCTOBER 1, 1990
-----------------------------------------------------~------------------
------------------------------------------------------------------------
SECTION F - COMMERCIAL BILLING SURCHARGE & PASSBACK SCHEDULE
NON-RESIDENTIAL DUMPSTERS
NEW CITY RES ADDITIONAL
CONT CONT ORDINANCE FEES EQUIV BULK TOTAL
SIZE FREQ RATE 3% $.75 CHARGE P-BACK
-------------------------------------------------------------------
2 1 $66.00 $1.77 $3.00 $3.04 $1.81
2 2 $132.00 $3.52 $6.00 $5.75 $15.21
2 3 $198.00 $5.29 $9.00 $8.19 $23.08
2 4 $264.00 $7.06 $12.00 $11. 83 $30.89
\ 2 5 $329.00 $8.81 $15.00 $14.54 $38.35
2 6 $395.00 $10.58 $18.00 $17.58 $46.16
3 1 $95.00 $2.55 $4.50 $4.39 $1'1.44
3 2 .- $191.00 $5.10 $9.00 $8.79 $22.89
3 3' $286.00 $7.65 $13.50 $13.18 $34.33
3 4 $382.00 $10.20 $18.00 $17.58 $45.78
3 5 $477.00 $12.75 $22.50 $21.98 $57.23
3 6 $573.00 $15.30 $27.00 $26.37 $68.67
4 1 $123.00 $3.29 $6.00 $5.75 $15.04
4 2 $247.00 $6.59 $12.00 $11.83 $30.42
4 3 $370.00 $9.88 $18.00 $17.58 $45.46
4 4 $494.00 $13.17 $24.00 $23.33 $60.50
4 5 $618.00 $16.47 $30.00 $29.42 $75.89
4 6 $741. 00 $19.76 $36.00 $35.16 $90.92
6 1 $180.00 $4.79 $9.00 $8.79 $22.58
6 2 $360.00 $9.58 $18.00 $17.58 $45. 16
6 3 $540.00 $14.37 $27.00 $26.37 $67.14
6 4 $719.00 $19.16 $36.00 $35.16 $90.32
6 5 $899.00 $23.95 $45.00 $43.95 $112.90
6 6 $1, 079.00 $28.74 $54.00 $52.75 $135.49
8 1 $233.00 $6.20 $12.00 $11. 83 $30.03
8 2 $466.00 $12.40 $24.00 $23.33 $59.73
8 3 $700.00 $18.60 $36.00 $35.16 $89.76
8 4 $933.00 $24.81 $48.00 $47.00 $119.81
8 5 $1,166.00 $31.00 $60.00 $58.49 $149.49
8 6 $1, 399.00 $37.21 $72.00 $70.33 $179.54
-------------------------------------------------------------------
Note: Waste Management provides the City with a summary total of
containers by size and frequency. calculates the total amount
of fees due the City, and remits all fees to the City on a
monthly basis.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF DECEMBER 11, 1990
FINAL PAYMENT - A.O.B. UNDERGROUND, INC.
DATE: December 7, 1990
We received a request for final payment in the amount of
$6,285.53 from A.O.B. Underground, Inc., for Country Club Acres
water main extension. The project is complete and has been
released by Palm Beach County Health Department.
Recommend approval of final payment to A.O.B. Underground, In c. ,
in the amount of $6,285.53 with funding from Water and Sewer -
WLE and N.E. 8th Avenue (Account No. 441-5161-536-61.90) Account
balance $7,026.00
J
!I -
f
! .
Agenda Item No.:
AGENDA REQUEST
Date: December 11. 1990
Request to be placed on:~onsent
xxx Regular Agenda Special Agenda Workshop Agenda
When:
Description of agenda item (who, what, where, how much): Staff recommends
r he final a ent of $6,285.53 to A.O.B. Under round, Inc. for
Country Club Acres water main extension. T e rOJect 1S comp ete an as een
released by Palm Beach County Health Dept. Funding Source - 441-5161-536-61.90
ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval for final payment to A.O.B. Underground
Inc. for the amount of $6.2a5.53.
;..
Department Head Signature: ÆJ-4/Ã o~ eu~
Determination of Consistency with Comprehensive Plan:
"!'
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~/ NO (if ap~licÂvble)
Funding alternatives.
Account No. & Descr~on: 441-5161-536-61.90 WLE 4-- N E' +k f:
Account Balance: '2 ro
City Manager Review:
Approved for agenda: ~NO ðÞ(
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden
City Manager
THRU: William H. Greenwood
Director of Environmental Services
FROM: George Abou-Jaoude
Dep. Dir. of Environmental Services/
Capital Projects
SUBJECT: COUNTRY CLUB ACRES
FINAL PAYMENT
PUBLIC UTILITIES PROJECT # 90-11
DATE: December 7, 1990
The Country Club Acres water main extension has been
completed. I have attached a final invoice and final
release from the Health Department.
GAJ/gm
Att:
cc: Mark A. Gabriel, Asst. Dir. of Environmental Services/
City Engineer
file: Country Club Acres, P.U. #90-11
file: CC901101
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.
. [IJ.E..~] STATE OF FLOR1DA D1STR1CT IX
DEPARTME"NT OF HEALTH AND REHABILITATIVE SERVICES··
November 28, 1990
Ernest A. Kaeufer, P. E.
Assitant Director of Project: Country Club Acres
Utilities, City of
Delray Beach Water Permit No.: WM-70-90
200 North West First Avenue
Delray Beach, FL 33444
Sewerage Permit No.:
Dear Mr. Kaeufer:
The above referenced project is hereby released for service to
the extent indicated below. This release is based on certification
by the engineer-of-record that the water and/or sewerage system ..
has been constructed in substantial conformance with plans prev-
iously approved by this Agency.
X The system is released to the full extent of the approved
plans.
- The system is partially released, and limited to
- The system is released for construction water only:
- a - Full extent
- b - Partially, and limited to
Sincerely,
For the Division Director
Environmental Science & Engineering
~ -
Aubrey Lewis
Plan Review & Permits Section
FJG/AL/eb
cc: FL Dept. of Environmental Regulation
engineer-of-Record - Same as Applicant
PALM BEACH COUNTY PUBLIC HEALTH UNIT.,)P.O. BOX 29, WEST PALM BEACH,FL. 33402
BOB MARTINEZ, GOVERNOR GREGORY L. COLER, SECRETARY
.. 3Sd.qc¡ If
C E R 'f I FIe ^ T. E 0 ~)C 0 !~ T RAe T C 0 H P LET I 0 H
Agency D,pl- ~Æ;A!í}(flW.tÛ1Ø1.J,,:,!<,JU<7í project Code _
tr-oject Desc~i~íon
Contractor_ AOB Underground, Inc. ,
Contract [or Installation of 8 inch ductile iron pipe/ water main
contract Date 7/2/90 'fotal Amollnt--t59,260.00
ÇûN'I'RACroTI ' ~1.,~f.FID;~
I CERTIFY: That the work unGer tho ~bove nG:Jl1eà contract and¡";ll arr.enðïner.ts thereto
has œen satisfactorily completed; that all materials, labor <.;nd other charges
against the project have b<?en paid in accordance with the terns of the ccr:trû::;t; that
no Ii ens have been attached agm nst: the project:; that no sui \:5 are pendu.g by reasC1~
of I...ork on the project unGer the contract; that all I·.'orker's compenG8ti on clai 1i..5 have
been settled and that riO puhlic liability claims are pendin9; excer-i: as follo'.:s; -
-- ---...------
-- ---.. ,..... ----- ----
CONTR!-.cron ~
SubscrH:x:!d and SVTorn 1:0 before me L1t A () . I 4
V Æ/? ~ d I '~ r) Lw\orrc¡(Úo. he...
- //rU /fb //J/J/J By () 11uJ ~(~
This /' ~day of 'ß!.- , ~ ,/L/ ,
---- /' O'Neal Bates. President
" (Tjt~e),cJJt.,...;:J;:;~~ S1'~ (TYf>2 name) ('l'J :.le)
Rotary Public: ~ ,.) ; h at I arcra' .
My COmmlss¡'" ,~(':I;Y'W i~9ïj' C8RTIPICh'J'~SUP£!l.V1~m:; ,l\RC!!ITECTS OR œ:'illR
Bonded thru HUL,,,cuer,'y & A5S~ciate~ (1·lust œ made be >.rchJtect or Ol'ffie,r) .
I eertHy: That the work under the above nflroec1 contract has been satisfactorily
completed unåer the terms of the contract; that the project is recommended for
occupancy by the owning agency; that the contractor has submitted satisfactory
evið'ence that he has paid all 1aoor, materjeÙs ana other cllarges against the project
j n accoràance ~Ii th the terms of the cant ract.
"
(This block 0 be completed if..B2E!icable)
Date Days . V~
Contract _ By.../t 'V'i!j
Cóntractor Notjfjed
'roproceed .7/25/90 1iilliam.H. Greenwood, Dir. of Environmental
Days é1..1101~è9-ÈY.SE0.tract 1?() n::JYR _ ('l'YL::e name) , .Lori t.~) Services
E>:tension gram.:ed by for the City of Delray Beac
_Ché!.rl.~rder(E) -~__.__... . Dé'.te--1.;!-/3/rf6
. 'ratal days al~:e .....l.2.O. _ . ,
_\'ior)~ be9an ~Ü /7°
_Project cC1!!!!?lel:êt] 1 90
Days 1:0 complete
Under.run I
õVP.rrun
.' ,
CBnTIPIf~-ºF, ACCEPTl\NCP. F\Y-9:'B-rr~ AGENCY OR Þ.GENCIES .
,.
THIS IS TO CERTIFY: 'fu,,'t to the best of my ImO\,l1edge and belj ef the statements made
in the above affidavit and certjf;cate are true and the contractor's work on the
project is accepted as sal:1s[~ctorily comple\:<:d under the terms of the contract.
AGENCY ~ ~(,/~...Ql .
~ By ?-o~ ~( l ~~~~~ ~
" ,
C ÌT Y - R T TOR HEY'S 0 F FIe E TEL No. 407 278 4755 Dee 06, 90 1 4 : 35 F' . 02
t)f<
-', .'i"',,t¡,':';,;¡;',,I\i'I',lil,'i",',,, lh1
,pf,f" ßJI~I"\ 11',",1''(111' 1,1¡If:~J!'I,I~h\,II' '11,),11 "\i:~ "!I, "
"1'1'1";I I:'ll.r.¡:I~'I! 111 H ;j¡j "'¡¡':,!" 'IJ/;",~',.. ¡I ;,"':, ~!"",..i,,",.,
,~'iilï,lfl\\ IJ'\jl~I\~~',~·;J~\i "'~~' ~I~rl~::¡: ~:::!'~\I~,"'_~~ ,111,,I.~!I'~t,~, ,
,::,¡f,Nt;'i'I""" Ii' ~f:!~"" 1. ",", "~::"'!',:;'ii,"<":,,,,,:>
. +i!:"~,.
nJ':',"¡'~:,'.,"',;II;,',"II'i,· ""I,",j"
[ITY DF DELAAY BEA[H,.,:'::" ."
'''¡''''II''''''';",:r,:<'.';7,:¡12\''',:;II':'d'i:.I,,~:I''"I"
CITY ."TORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 · uLLltA Y IH~ACH. nOl{lDA 334fC\
HI 407/243·7090. ThLECOPIER 407/278-4755
MEMORANDUM
I ......L U~.Ä...- 4-
Date: December 6, 1990
To: City commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Settlement of Nuisance Abatement Liens
The City has nuisance abatement liens in the amount of $387.57
plus 6% interest per annum, plus reasonable attorneys' fees and
other costs of collection aga1.nst, property owned by Mrs. Rosa
Scott located at 216 S.W. 13th Avenue. The estate of Alexander
Simon has a purchase money first mortgage on the property with
an outstanding balance of $12~500. That purchase money
mortgage is approximately the value of the property and as such
purchase money mortgage has priority Over our nuisance abate-
ment liens, a foreclosure on the property would result in the
City getting nothing. However, Ms. Scott has agreed to give
the estate a deed in lieu of foreclosure which will avoid the
cost and necessity of the estate going through foreclosure
action so long as the City's liens are released to that end Mr.
Schmidt, on behalf of the estate, as offered to pay $500 in
satisfaction of the outstanding liens.
It is our office's opinion that acceptance of such settlement
is in all parties' best interest. The estate would not have to
go through the expense of a foreclosure action and the City
will be able to get something for their liens, whereas 1£ the
City forced a foreclosure situation, the sale of the property
would, in all likelihood, net less than the cost of the fore-
closure a.ction and outstanding mortgage. In addition, this
would free the property up to be put back on the market and
improved, either by the estate or some future purchaser. We
are therefore putting this matter on the consent agenda for the
city commission t s regularly scheduled meeting of December 11,
1990.
Should any Commissioner have any questions concerning this
matter, please do not hesitate to contact our office.
JSK:sh
cc: David Barden, City Manager
SF
·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~
SUBJECT: AGENDA ITEM # - MEETING OF DECEMBER 11, 1990
RESOLUTION NO. 115-90
DATE: December 6, 1990
This item is a Resolution assessing costs for abatement action
required to board up an unsafe structure at 109 S.E. 5th Avenue.
The Resolution sets forth the actual costs incurred and provides
the mechanism to attach a lien on the property in the event the
assessment of $154.00 remains unpaid.
Recommend approval of Resolution No. 115-90 assessing costs for
boarding up an unsafe structure within the City.
·
_ m_____'· _, ___,___~___.n_._~ .__.' . -0 _ _. --"-_._-~_._.~-- ,,--, ------.-."
~-- .. _~~__~___"·m___ .~__. _ ____~____ ---- . ..-.----.... ---.- --
RESOLUTION NO. 115-90
A RESOLUTION OF THE CITY CO~MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH. ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION. AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land ( s ) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
pub li c welfare pursuant to Chapter 165. of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach.
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
-.--.-.. ,.-...
---ft
\\
Ii
II
Ii Section 1. That assessments in the amount of
!i as shown by
the report of the City Manager of the City of De1ray a copy of which is
attached hereto and made a part hereo f , are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parce1(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail. postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution sha 11 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 mai ling
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s). and interest shall accrue at the rate of six
percent (6 %) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording 0 f the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1990.
MAYOR
ATTEST:
City Clerk
- 2 - Res. No .lli:i-90
NOTICE OF ASSESSMENT
Date
TO: Barnett Bank c/o Mr. Geor~e Binstead. Sr. Vice President
ADDRESS: 625 N.' Flagler Driv~. WeRt Palm Beach. FI 13401
PROPERTY: 109 SE '5th Av~nlle, n~lr:'lY Rp:'IC'h, Fl 11444
LEGAL DESCRIPTION: Lot 11 and 12, Lots 1,2,3, inc. (less r/w), Blk. 1l0,
Town of Delray, according to Plat Book 1, Page 3 of the official records
of ~alm ~eaCh county, ri
t the above-
You, as the record owner ,of, or holder of an interest in,
described property are hereby advised that a cost of $154.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1990, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 10-10-90
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
x An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
The City of Delray ßeach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on
at a cost of$154.QO· which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days. that cost shall
be recorded on .the official Records of Palm Beach County. Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~ilding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
- .
·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJv(
SUBJECT: AGENDA ITEM #: - MEETING OF DECEMBER 11, 1990
RESOLUTION NO. 116-90
DATE: December 6, 1990
This item is a Resolution assessing costs for abatement action
required to board up an unsafe structure at 218 North Ocean
Boulevard. The Resolution sets forth the actual costs incurred
and provides the mechanism to attach a lien on the property in
the event the assessment of $1,237.50 remains unpaid.
Recommend approval of Resolution No. 116-90 assessing costs for
boarding up an unsafe structure within the City.
- ,u___ ._.__.._ _____. .---- .--------~-.--.--- ---~-.- .
----
~. --- --~-.--
RESOLUTION NO. 116-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS: PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances. declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165. of the Code of Ordinances of
the City of Delray Beach. the Building Official or his designated
representative has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice: and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
De1ray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City commission of the City of Delray Beach,
pursuant to Chapter 165. of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
..- - -'.-..-- .-" ..-- -- '"-'-~--'-'''''--'--'- --.-...--...----...----..-....-----
.---
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report. of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty. and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s) , and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement. interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1990.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No .116-90
. .
NOTICE OF ASSESSMENT
Date
TO: 222 Delray Properties, Inc.
ADDRESS: 218 NQrth Ocean Boulevard, Delray Beach, Fl 33444
PROPERTY: 218 North Ocean Boulevard, Delray Beach, FI 33444
LEGAL DESCRIPTION: All of Ocean Cay of Delray according to Plat Book 50,
Page 59 of the official records of Palm Beach County, Fl
t
You, as the record owner ,of, or holder of an interest in, the above-
described property are hereby advised that a cost of $1~37.sa by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1990, hås' been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 7-19-90
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an app~al and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
, '
.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 7-29-90
at a cost of $1,237..50 ·which includes a ten percent (lO~) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~i1ding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
. .
·
[IT' DF DELRA' BEA[H
100 N.W. 1st AVENUE DEL-RAY BEACH. "LORIDA 33444 407/243-7000
December 12, 1990
Mr. C.E. Passmore
Corporate/Community Affairs
Southern Bell
326 Fern Street, Room 103
West Palm Beach, FL 33401
Re: Resolution No. 117-90
Dear Mr. Passmore:
Attached is a copy of Resolution No. 117-90 supporting full
participation of American Industry in the provision of tele-
communications equipment and service.
This resolution was passed and adopted by the City Commission of
the City of Delray Beach, Florida, in regular session on December
11, 1990.
Sincerely,
/ì . . lI, J I I
_l {0Cí' ý(ac" ..j{U2õì l1aUi
Alison MacGregor Harty
City Clerk
AMH/sob
Attachment
cc: Florida League of Cities
THE EFFOPT ALWAYS Mi'lTTEPS
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER w0
SUBJECT: AGENDA ITEM 41= 8 I. - MEETING OF DECEMBER 11, 1990
RESOLUTION NO. 117-90
DATE: DECEMBER 6, 1990
This is a Resolution in support of efforts by BellSouth and the
Other Bell Operating Companies (BOC's) to encourage the passage
of legislation by the United States Congress that would lift the
restrictions previously imposed on the Bell Operating Companies
in manufacturing and information services, with proper safeguards
to ensure fair and open competition within the marketplace.
~
~f - _.~-
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RESOLUTION NO. 117-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SUPPORTING FULL PARTICIPATION
OF AMERICAN INDUSTRY IN THE PROVISION OF
I.. " TELECOMMUNICATIONS EQUIPMENT AND SERVICE.
WHEREAS, more competition in the telephone equipment
marketplace will benefit cities through lower prices; and,
WHEREAS, allowing the Bell Operating Companies to manufacture
telephone equipment may increase domestic jobs in our cities; and,
~ WHEREAS, freeing the Bell Operating Companies from the
f information services restrictions will increase the availability of new
and innovative services to serve our citizens; and,
, WHEREAS, permitting the Bell Operating Companies to provide a
j, full range of information services will increase the availability of
; , educational resources via communications for the schools in our
counties,
1 f NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
: . CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
-. Section
l. That the elected representatives of our citizens
~ JI determine the national telecommunications policy of the land.
, Section 2. That Congress pass legislation that would lift the
f; restrictions on the Bell Operating Companies in manufacturing and
~ information services, with safeguards to fair and
proper ensure open
competition by all.
Section 3. That this resolution be sent to the Florida
congressional delegation signed by the City Commission of the City of
"" Delray Beach, Florida.
... PASSED AND ADOPTED in regular session on this the 11th day of
."'"
December, 1990.
.-
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L MAY 0 R
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~ ATTEST:
City Clerk
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Southern Bell
C. E. Passmore 326 Fern Street, Room 1 03
Corporate/Community Affairs West Palm Beach, Florida 33401
407 837-9126
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November 20, 1990
tlN 2 7 90
Mr. Tom Lynch, Mayor /;; :"TYCO\,:..
City of Delray Beach ~>
100 N. W. First Avenue ~or·;/v. . - ..--~~-..._-
Delray Beach, Florida 33444 C .........-¡)~v~ c)
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Dear Tom: '/"í J ~)Ç.... il.l \\ .'//
r
Recently we discussed an issue concerning BellSouth and the
other Bell Operating Companies (BOC's). As you know, the BOC's
were divested from AT&T almost seven years ago. Since that
time, Judge Harold Greene, who orchestrated the breakup of the
Bell System, has kept our company and the other Bell Operating
Companies from competing in two very important markets.
The court settlement bars BellSouth, parent company of Southern
Bell, from manufacturing telecommunications equipment or
participating fully in what's known as information services.
There are thirteen telephone companies in the state of Florida
which, among other things, provide dial tone. All of these
companies, with the exception of Southern Bell, can manufacture
telephone equipment for their own use and for sale to other
companies. We are restricted from doing that.
As a result of the restrictions on the BOC's, the trade deficit
on communications equipment has increased dramatically since the
1984 breakup. In 1982, the trade deficit was plus $250 million.
Now, it is a minus $2.6 billion. As you can see from these
figures, America was once a leader in the development and
manufacturing of telecommunications equipment. Now, foreign
firms are in charge.
Along with not being able to manufacture our own equipment, we
cannot collaborate on design of equipment and software we buy.
This is particularly disturbing since we know our needs and the
needs of our customers better than any manufacturer. In
addition, there are times when a joint venture with small
domestic companies would be beneficial, but is prohibited.
Consequently, they end up going to foreign firms.
Not only will our customers benefit by the lifting of these
restrictions, but it will also mean increased job opportunities
for Americans if we are allowed back into manufacturing.
A BELL SOU 7H Company
-2-
The other important issue mentioned before is info~ation
services. Services such as electronic yellow pages and enhanced
electronic white pages would encourage the general pUblic to
enter the information age and would help develop the "critical
mass" that is necessary to support an expanding information
services base.
The United states is the world's leader in the development and
deployment of computers and communications, but is not the
leader in information services. In France, for example, 67
million videotext calls are placed each month: by contrast,
American consumers place only 6.5 million calls per month.
We're falling further and further behind while France, Germany
and Japan take advantage of the competitive vacuum in the U.s.
I think you will agree it is time for Congress to act now. If
steps are not taken soon either to eliminate or modify these
restrictions or transfer jurisdiction over the restrictions from
the Court to the Federal Communications Commission, we may never
be able to catch up. U. S. consumers ultimately may wind up
accessing information services developed by foreign companies on
terminals manufactured by foreign companies.
The resolution attached is a guide for your use. We think it
necessary that our citizenry voice their opinion to our elected
officials in the U. s. Congress and Senate to have these
restrictions lifted.
I would like to personally discuss these issues with you and
your group at your earliest convenience. Please call me to set
up a time. Thank you for your consideration.
Yo~~rU1Y'
Pa Beach County Manager
BP:dmm
Attachments
1- ---_._-~_.
} GARY ALLINGTON
Pubtication Spokesman
Edition Title MQr.-CICA
City. State 09-06-90 Page 11-13 Territory Dade countŠ4
Pubtlcation Date Phone (305) 530- 65
~Daily 0 Weekly/BI-Weekly o Media Initiated
o Semi Weekly/Monthly/Other o Spokesman Initiated
o Staff News release
It's~time to let th'e .
- ' - . ____ ..--_0· . -- ---
Baby.Bells grow up
COMMENTARY \
.
BYPHIWP MINK an6MICHELE ISELE .
0 . -
Reagan-era would permit the comparry to keep its
most profitable divisions - lonl-distance
service and maDufKtUlÌDI-and allow it
experiment to move into the.computer market.
Had the breakup proposal stopped
tbere. it would have been a positive step.
o ,has gone awry But the alJ'ccment went further. AT&T
would also have to dispense witb local
telephone, service by spinninl off the
.E 1M in . time wh.. seven BeUs. and the Justice Department
ursed banninl the Bells from information
. :"; mergmg telecommuni. and 1oDa-cüstance lenic:a, lDUIufadUrinl
, .. cations and 'computer and1lW'kctiDI telccommunicatiODl equip-
1 "technologies are revo-
," . lutionizing the world ment (banning even research on computer
economy. ,Yet U.S. poiic:y excludes the software), and all other non-telepbone
leYen re.aï0nal BeU telephone companies, businesses. .
rums with almost $200 billion in assets The department proposed tbese bans
from developing tbose technologies. Th~ because William Baxter, its Antitrust Di-
Bells - sometimes called the BOCs. for vision chief. wanted to avoid Federal
BeU operating companies - also may not Communications Commission regulaûon.
offer long-distance service or computer. By banning the newly created Bells from
baed information services. any non-telephone business, Baxter would
;:,~One ~.ould expect such blatantly anti- prevent the FCC Cromre¡ulatiol th~ BeUs
competitive restrictions to be based on a 1R those markets. As Baxter' put It at a
dear record of BeD abuse. They're not 1987 conference (after he had left office):
CUrrent poücy is a Reagan administratio~ "The [breakup agreement} implicitly
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experiment gone :awry. But now. aftü I made a wager tbat the r~atory distort·
almoIla decade of this milfUided test, tbe ions of those ponions ,jr the CiC.)nomy
COUJU\.appear ready to fix, what ·has be- that could have been workably competi·
come. tep1 and political fiasco. tive yielded social losses that would be
. - The tale of, distorted- policy began in sacrificed by this approach. II. was· a
1982, when the American Telephone & WQg~r, a guQS. II would be absurd 10
Telqraph Co. was negotiating what ul· pnt~nd thaI il was mad~ on th~ basis 01
': timMcly. became the ,1984 >consent decree Mlai/N «onom~tric data. II was not, we
:seutiDI a Justice Department antitrust didn't hav~ th~ data." (Emphasis added.)
suit. (A trial on the government's suit was In other words, Baxter opted for no
held in '1981. but settlement negotiations competition at aU rather tban competition
precluded. verdict.) subject to FCC reguJaûon.
AT&T w~_~ d~~~ate C:0ß1~~¥' Cor ~J Covernment divided
1956 consent decree had kept it out of the
computer market, a market that the firm The FCC, the alency responsible for
believed was cruåaJ to its survival. . the naûon's telecommunications poücy,
" To crack the computer market, AT&T uped that the restrictions on the Bells
. was willing to appease the J ustic:e De- wert "unoecessary and unwise" Cor two
:·,.nment by breaking up its'business. In -reuoaa.·F~ tbe:ratrinioGa:.Jtad DO.1e-
exchange for a breakup, tbe government . pi baIis.· The Judce.~t ·itldf
- ..._.... _~...ft rï ~~ v.. .~,
-2-
, .
, meaDtime the facts were virtually
By rejectiø¡ Baxtert.approach, Greene . ored Sbtce 1984 the DeUs have pro-
ackDowleda~ that th~ breakup ~~ee- estabUsbed the'BcIJa u-mixed rqulated/ ~ed cdIular telepb~ne service in compe-
ment would. n.~ ~~tute an admission uareaulated companies. Since the 1984 tition with otber rarms over the DeUs'
of AT&T's liability. breakup the BellI have competed in sev- 1 lines
Since the dep~~ent hadntt proved era! markets with fewt if anYt adverse er· m~~t~ the' theories about abusive
tbat AT&T competition had been a pro~ fecu so the judae wuc:cnainly correct to I p li McCaw CcUular Communi-
I~, no on~ could say that BeD compet~- reJ'cd Baxter's em ~L Greene also mo~o~ es, a hi....'y leveraged operation.
1Ion was ¡Oma to be a problem. Even If _ .-. ... . . ?Uo~ n~., a-.
AT&T bad been Uable. the fundamental I set up . process to revaew the pm.IIln~ng 11 doaun&ung ~e. bus~ess. . Yellow
differences between pre-breakup AT&T ' restrictions every tbree years, wblch Bell com~JtJon In PriDtlD~ .tel-
and the poIt.tnalcup BdIs indicated that would.anowilim to nmove them. Pages. mark~g telepb hon;::i:lyn~~ked
rcstrictin the Bells for what AT&T had . '. epboDe busInesses as s
aUqedJy ~one made little sense. . Another misfire sians of. m~no.poly a~use.. M~;:o;:~.
Second. the FCC argued that the I The Justice Department conducted the GTE. whicb 11 .VIltually Id:~~es of busi:
agencyts rqulations could handJe any first three-year review in 1987': With ~ew does compete an t~~ b~ bas roduc:ed
potential competitive abuses. In lon~- Antitrust Division chief Douglas Oms· I!ess;'~d com'ftlo~'pot IYprobfems.
distance service, for instance, the FCC s burg on board and a plethora of facts little evt ence 0 mon
regulatory program "removed any real about BeU competition since the breakup. The U.S. Court of Appeals for tbe D.~.
danger" that a Bell could refuse to con- the department recommended that Greene Circuit apparently has, bad enou~ of ~his
nect a rival carrier. Long-distance service lift the restrictions on informaûon servo le¡al travest-f. On April 3, 1990, In Untted
in 1982 was ø/lWldy competitive. despite ices and manufacturing. Once ,apin, the SIØ/Ø \/. Wø/~'n EI«lric Co.. th! cou~
AT&T's a1lqed power. stage was set for a more. rauonal tele· ordered Judge Greene to rethink his dea-
The proposed ban on informaûon serv- communicaûons policy. Once again, the sion on information services. If lifting the
jces was similarly misguided. according to government blew it. ban can in any way be considered in the
the FCC. Since the 1956 ~~ bad pre- While Justice bad come to the col!' "public interest."
vented AT~T from providing computer elusion that the restrictions were as arbl- Greene must do so. The court also
services in the past. the 1981 tria1 pro- trary as their history indicates, Judge made dear that the public interest d~
duced absolutely no eviden~ that future i Greene, apparently bent on protecting the mands that the judge diminish his role an
provision of computer semc:es by AT&T BeDst competiton. had radically changed telecommunications policy.
or the BeDs would present antitrust dim- I his approach. For example, inconclusive Consress has also gotten into the act. In
culties. Even iftheevidau:e bad presented '; evidence from the 1981 trial of AT&T - a bold display of legislative musc;le. Sen.
a theoretic:al problemr FCC rules c:ou1d ; which, of cOurse, never produced a ver· Ernest Hollings, D.S.C., recently n:aoved
have raoivecht. .. I dict but resulted in tbe 1984 settlement - through the Senate Comm~ce, Sci~ce.
The agency's entreaües failed to per- now became proof that AT&T "had been and Transportation Committee a bill ~o
suade the Justice Department for the able to violate the antitrust laws." lift the manufacturing restriction. The bill
simple reason that theADtitrust Divisioa Grceøe also argued that tbe trial proved awaits a floor vote.
chief bad no interest in ar¡umeou about that the FCC "is not and never bas been Also the House Energy and Commerce
effective FCC oversight. Baxter wanted capable of effective enfor~ent..of the Subco~mittee on ,Telecom.mu~ications
no oversight at all.. laws governing AT&T's behaVIor, so ,he and Finance is looka~g at le815lauo~. now
The department and AT&T submitted could not COUDt on the agency to police awaiting markup, aamed. at rem~vmg the
the breakup proposal for approval to the Bel1s. ,limitations on information servu:es and
U.S. District Judge Harold Greene of the The trial. bowever. prov~ neather that manufac:turing.
District of Columbia, the judae with ju- AT&T bad violated the anbttUst law. ~or Whatever the forum, tbe Bell r~ric:.
risdiction over the breakup. Greene re- that the FCC was inc::apable of rerruJaûnl tions should go:' Since 1956, U.S. tele-
fused to 10 alon, with Justicets approach the Bells. M Greene himself said o~ sev- communications policy has ignored the
in two re¡ards. cra1 occaaiODl. the trial proved nochina at amazing economi~ and social transfor.
First, be created yet another irrational aUaboutAT&T mucblcødloBdls. maûons created by converging computer
policy by ~üng that the First Amendment Greene cont~dect that tbfl!'.BeUs would and communications ~cc:hn~logies. .
required him to ban post-breakup AT&T be able to force local !elepbooe wers to Instead, that pohcy dictates whIch
from the electronic publishing market for pay ad infmitum for tbe BeUJ" fora~ into player in th~ tel~tions industry
seven years. As a result, AT&T co~d n~t competitive businesses. Yet th~ ,National receives which Piece of tbe .t~ecommu~I'
create. computer data bases f~r ~- Association.of Regulatory Utility Com- caûons pie. What~er else It 11 <po~s ffi.
nation over the telepbone Im~s. (This missioners. composed of those rqulaton equity comes to mInd). the pohcy IS no
constitutionally dubious ban expired Aug. responsible for keeping local telepbone prescripûon for economic: success. Actu-
24. 1989, so ~T~T is now free to offer rates low and·.protcc:tin& u,sust welfare, ally, itts not even a prescription fora flrst-
whatever scrVICCS It wants.) asked that be tift the-restriçUons. rate telephone system.
On a more rational note, !udge ,?r~ The judgets bizarre logic reached ~ts
didn't accept aU ,of ,Baxter s ~~dM)ns apogee in 1988 when the BeD~ asked ~ Phillip Mink and MicMle ¡sele are al-
~n t~e Bells: .FID,~lng the limitation. if tbey could provide information ~ lomep with CiliuM for a Sound Econ-
anu-<:ompeuuve, he ~owed the re- outside their regions. Greene replied that omy Foundalion in Wa.shington, D. C.
gional telephone companies to mark~, granting the request would allow the Bel1s The ,roup reœivø 2 ¡Mrœnt of its fund-
but not manufacture. telephone eqwp- to dissc:mioau the- ··"equivalent of [dcc:- ¡n,from informalion~rviœs companies.
ment. print YeUow Paacs ancLenter DOn- tronic) classified advertisements," which 11 flkd ø brief in tM U.S. Court of Ap-
telepbone businesses. JUch as real at;ate, wouJd "severely damag(eJ. if not crip- J1«Ilsjorllw D.C. Cin:uit in United States
through a court·administered wlUver pl[e)" newspaper classified advertising., Y. Western EJectric Co., d~d. in ,his
process. One can only guess why newspapers ~>III'JÌIt' IYWf3IØI oj.rutrrctlOM on
financial health is-rdevant to U.S. teJe.. tlw,.,,;o.llJelJtelqluJrNcompønÎG.
communications· policy. . Nevertheless, of
such reasoning was- policy made. In the _
.....
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # =r- MEETING OF DECEMBER 11, 1990
AWARD OF BIDS AND CONTRACTS
DATE: December 6, 1990
The following items are before you for award of bids and con-
tracts:
1. Three ( 3) 1250 gallons per minute Class A Pumper Fire
Engines - Pierce Manufacturing, In c. , in the amount 0 f $540,709
with funding to come from Fire Department/Equipment Other (Ac-
count No. 225-2311-522-60.89 Decade of Excellence Bond Issue).
Account balance $1,046,000.
2. Landscape maintenance on N. Federal Highway, North Congress
Avenue and LaMat Avenue - Cole Lawn Service in the amount of
$40,245 with funding from Beautification Contract Maintenance
(Account No. 119-4144-572-33.49. Account balance $187,525.
3. Replacement of defective Turbidity Meters at Water Treatment
Plant - H.F. Scientific, Inc. , Ft. Myers in the amount of $15,075
with funding from Account No. 444-5164-536-60.31 ($8 Million Line
of Credi t) to be reimbursed by Account No. 447-5164-536-60.31
(Proposed 1991 Water and Sewer Revenue Bond).
4. Rental Rehabilitation Program - MJD Construction Company in
the amount of $21,179 for rehabilitation of property at 215 N.W.
5th Avenue with funding to come from Rental Rehabilitation Grant
(Account No. 118-1975-554-60.23). Account balance $13,534.
5. Lightning protection for Police/Fire communications system -
Motorola C&E, In c. , in the amount of $19,450.91 with funds to
come from Public Safety Building Fund (Project 338501).
6. Fourteen ( 14) portable radios and accessories for Community
Improvement - Motorola C&E, In c. , in the amount of $11,599.14
with funding to come from Capital Equipment (Account No.
001-2721-524-60.89) Account balance $18,475.
.. .
.
Agenda Item No. :
AGENDA REQUEST
Request to be placed on:' Date: 12-01-<W
x Regular Agenda Special Agenda Workshop Agenda
When: 12/11/90
Description of agenda item (who, what, where, how much): Bid Award -
Three (3) 1250 gallons per minute class A pumper fire engines
Bid 91-01
ORDIKAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low responsive bidder, Pierce Manufacturing, Inc. at a
cost of $540,709.
/ ~/ fIJþ/
,:;/
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: GNO
Funding alternatives: (if m~ff.c~-f'fu
Account No. & DestBftiCffi -¿:L.c;- 2~n"'5'Z;L.(Ó()-~ ElV l 'E ee.
Account Balance: \ I
City Manager Review:
Approved for agenda: €§> NO ø0
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer ;!í~
DATE: December 5, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
DECEMBER 11, 1990 - BID AWARD - BID #91-01
THREE (3) PUMPER FIRE ENGINES
Item Before City Commission:
The City Commission is requested to award contract to low
responsive bidder, Pierce Manufacturing Inc., at a cost of
?!l40,7ª9r Per the Budget Off icer, £)~~~ is from:
S- Z I -522.~~ E:aU/Rv1£Hí ) .
Background:
Funds are budgeted from the Decade of Excellence Bond for
three (3) 1250 gallons per minute class A pumper fire
engines.
Bids for this equipment were received on November 8, 1990
from four (4) vendors, all in accordance with City
purchasing procedures. (Bid #91-01. Documentation on file
in the Purchasing Office.) A tabulation of bids is attached
for your review.
The low bid was submitted by Delray Fire Extinguisher
Services, Inc., however their bid is unresponsive for the
reasons as outlined on attached memo from Fire Chief.
The low responsive bid was submitted by Pierce Manufacturing
Inc. Their bid meets specifications.
Recommendation:
Staff recommends award to low responsive bidder, Pierce
Manufacturing Inc., at a total cost of $540,709. as outlined
in memo from Fire Chief. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from Fire Chief
pc Chief Koen
[ITY DF DELHAY BEA[H
FIRE DEPARTMENT
~Lg; __r-LQ_lL A N _º_ U M
TO: TED GLAS, PURCHASING OFFICER
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: DECEMBER 5, 1990
SUB,JECT: AWARD OF BIDS - THREE CLASS A, 1250 GALLON PER MINUTE
PUMPERS
I have finalized our analysis of the bids submitted for the
referenced fire apparatus. This process included a detailed
review of the bid proposals, bid bonds and submitted warranties.
In addition, staff conducted independent inquiries pertaining to
çlarifications and additional explanations, as well as a check of
a representative number of references. Based on this analysis, I
n~commend that the low bid submitted by Grumman Emergency
Products, Inc. be rejected as unresponsive to, and non-compliant
with, several important areas of the technical specifications as
well as portions of the bid conditions.
The Grumman proposal contains a letter from the area vendor
which states that Grumman is the sole manufacturer of the total
apparatus. This is not the case. The apparatus frame is
manufactured by H.M.E. Corporation in Wyoming, Michigan; the cab
is manufactured by Truck Cabs, Incorporated in Cincinnati, Ohio.
The cab is then shipped to H.M.E. Corporation for sub-assembly.
Finally, the cab and chassis is delivered to Grumman in Roanoke,
Virginia for body construction and outfitting. This process does
not comply with our specifications which specifically requires
... . "the chassis to be manufactured at, by and in the body
builders facility so as to eliminate split responsibility of
warranty."
The issue of the warranty in general, and particularly with
reference to the chassis, is a major concern. The chassis value
represents approximately 37% of the Grumman unit cost. A split
warranty, if one is provided, is not advantageous to the City if
repairs or other warranty adjustments are necessary. The
proposal presented by the Grumman vendor specifically indicates
F IRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DE LRA Y BEACH, FLORIDA 33444
407/243-7400 - FAX 407/ 265-4660
Subject: Award of Bids - Pumpers Page 2
.... . "the chassis 1S built for Grumman Fire Apparatus only to
Grumman specifications. This chassis is warranted by Grumman
100% so you wi 11 have no split responsibility of warranty at
all."
However, the Grumman warranty includes a statement in their
"exception" clause that . . . . . "this warranty is not applicable to
the chassis, vehicle accessories, tires or batteries. Where
possible, however, all warranties furnished by the chassis
manufacturers will be passed on to the purchaser." No
supplemental warranty of any type pertaining to the chassis was
included with the proposal.
Further, the warranty is quite specific in the "Limitation
of Liability" clause that .... . "Grumman has neither assumed nor
authorized any other person (including any sales representative
or dealer authorized to sell its products) to assume for it any
other liability in conjunction with the sale of Grumman
vehicles."
The Grumman proposal also takes several significant
exceptions to the technical specifications. The "Specification"
section of their proposal identified as "Quote No. Delray01,
Customer, City of Delray Beach Fire Department, is in apparent
conflict with the City's specifications. Normally, the
manufacturer . s specification section is provided when exceptions
are taken or alternatives are submitted. Here, the vendor
submits conflicting information between his indication of
compliance and the manufacturer's specifications which are
obviously meant to pertain to the apparatus proposed for Delray
Beach.
These exceptions include, but are not limited to the ( 1 )
manufacture of the chassis by a firm other than the body
manufacturer; (2) major variations in the design and manufacture
of the tank for the on-board water supply; (3) exclusion of a 2.5
inch pre-connect hose line from the top cross lay compartment;
(4) a hose bed capacity which would not accommodate the standard
hose sizes, types and loads used by the Fire Department; (5)
significant deviations in the design of several equipment
compartments; (6) the apparatus body and compartment doors are
neither manufactured of galvannel steel or aluminum as specified;
and (7 ) the pump discharge pipe is not of the size specified for
five of the six main discharges. These exceptions, if allowed,
could adversely effect performance and efficiency, and
ultimately, the life cycle cost of the apparatus. Many lesser
exceptions have also been taken to our specifications, and many
of them were not so indicated by the vendor. This is in direct
conflict with Section 15(a) of the City's "Invitation to Bid"
conditions.
Sub] ect: : ¡,ward of Bids - Pumpers Page 3
Therefore, I recommend tha t vle award a contract to Pierce
Manufacturing, rne. , the next low bid, in the total amount of
$540,709 for three, 1250 Gallon per Minute Lance Model P!1mpers,
J_nch~ding Option No. 1 (.Jacobs Engine Brake System), including a
discount of $27,537 for payment of the chassis cost at the time
of the order, and aJ.lowing a trade-in of $14,000 for two (2) 1971
Model \'?ard LaFt'ance pumpers. A breakdown of pricing is attached.
The Pierce bid is responsive to our technical specifications
wit.h only mí :-lOr exceptions. The exceptions appear to be
appropriately lloÜ::;d and· documented and equivalent product quality
and/or performance is provided by the proposed substitutions.
The Pierce proposal takes exception to the delivery penalty
clause of our speci fi·cations, however, based on the reasons
provided by the vendor, I have no reservation about allowing this
exceptí on given the manufacturer's past track record for
deliveries. FULther, the Pierce chassis prepayment option is the
only prepayment proposal submitted that is advantageous to the
City in terms of the ratio between potential interest earnings
and the discount received. The funding source for this purchase
is the Decade of Excellence Bond Issue.
V~ D teo.. --,
Kerry B. Koen
Fire Chief
KBK/ew
Attacr.ments : 3
RECOMMENDED AWARD OF BID
3 PIERCE LANCE 1,250 G.P.M. PUMPERS
Base Bid $ 191,686 x 3 = $ 575,058
Option 1 (ADD) $ 2,396 x 3 = $ 7,188
SUBTOTAL $ 194,082 x 3 = $ 582,246
Discount for Chassis
Payment at time of
Order (SUBTRACT) $ (9,179) x 3 = $ (27,537)
SUBTOTAL $ 184,903 x 3 = $ 554,709
Trade in Value
Per Unit (SUBTRACT) $ (4,667) x 3 = $ (14,000)
TOTAL $ 180,236 x 3 = $ 540,709
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- .
Agenda Item No. :
AGENDA REQUEST
Request to be placed on: Date: Decemher 1, lQQO
X Regular Agenda Special Agenda Workshop Agenda
When:
Description of agenda item (who I what I where how much): Contract for
landscape maintenance of North Federal Highway, North Congress Avenue and LaMat
Avenue beautification areas per bid #91-04.
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES Æ9J
Recommendation: Recommend bid #91-04 be awarded to the apparent low bidder for
all three (3) areas, Cole Lawn Service, in the amount of $40,245 and charged to
beautification account #119-4144-572-33.49.
Department Head Signature:
Determination of Consistency 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. & Des1t{ption: 119-4144-572-33.49 Beautification Contract Maint.
Account Balance: .SZs:
City Manager Review:
Approved for agenda: é}/ NO éM
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
·
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Managerl
Administrative Services
FROM: Ted Glas, Purchasing Officer
DATE: December 4, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
DECEMBER 11, 1990 - BID AWARD 91-04
LANDSCAPE MAINTENANCE SERVICE CONTRACT
Item Before City Commission:
The City Commission is requested to award annual contract
for landscape maintenance service as listed below to low
bidder, Coles Lawn Service, at a cost of $40,245. Per the
Budget Office, funding is from: 11'9- 414L¡.-57Z- 3~·49
( "Be ~"\ U\I fIe r"yn Otu ('0"-"1"'-("''1 C:\ fì"', p. , t-l Î ) .
Background:
Area of Service:
Area #1 - North Federal Highway
Area #2 - North Congress Avenue
Area #3 - La Mat Avenue
Maintenance service consists of mowing, trimming, weed
control, pruning, litter control and chemical application.
Bids for this contract were received on November 7, 1990
from eight (a) contractors, all in accordance with City
purchasing procedures. (Bid #91-04. Documentation on file
in the Purchasing Office.) A tabulation of bids is attached
for your review.
Recommendation:
Staff recommends award to low bidder, Coles Lawn Service, at
an annual cost of $40,245. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from director of Parks & Recreation
pc Joe Weldon
g .:1'. a..
MEMORANDUM
TO: Ted Glas
Purchasing Officer
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: BID #91-04 LANDSCAPE MAINTENANCE NORTH FEDERAL, NORTH
CONGRESS AND LAMAT
DATE: December 3, 1990
On November 7, 1990 Bid #91-04 was opened for landscape
maintenance of North Federal Highway, North Congress Avenue and
LaMat Avenue beautification areas. A total of eight ( 8 ) bids
were received with the apparent low bidder for all three ( 3)
areas being Cole Lawn Service at $40,245. Mr. Cole has
submitted his occupational and pesticide licenses and on
November 29, 1990 I visited his home to review his maintenance
equipment. Mr. Cole also submitted a list of references and all
those called indicated he did a satisfactory job. Mr. Cole does
not have much experience with large commercial landscaping but
rather most of his clients are residential customers. However,
he is aware of the requirements of this contract and sees no
problem in meeting these requirements.
I recommend bid #91-04 be awarded to Cole Lawn Service in the
amount of $40,245 and charged to beautification account
#119-4144-572-33.49.
Parks and Recreation
JW: jmh
REF:JW280.DOC
Attachment
,
T A 8 U L A T ION o f 8 IDS
BID . 91-0"
NOVEMBER 07, 1990 LANDSCAPE MAINTENANCE - THREE (3) AREAS
NORTH FEDERAL, NORTH CONGRESS, AND LAMAT AVENUE
Coles Lawn A & S The Best Cohen's Lawn Fla. Landscape
ITEM EST. DESCRIPTION Service Janitoral & Care D/B/A Fla. ';,i
. OTY Landscape Maintenance
-
1 t80.00 /
150.00 I 40.00 / 150.00 /
1. 0 43 MOWING 6450.00 1720.00 6450.00 7740.00
2.0 TRIMMING & EDGING
a. 43 LINE TRIMMING 50.00 / 25.00 / 80.00 / 60.00 /
2150.00 107'.00 3440.00 2580.00
b. 22 EDGING 23.00 / 80.00 / 40.00 /
50.00 /
1100.00 506.00 1760.00 880.00
3.0 22 WEED CONTROL 100.00 / 90.00 / 120.00 / 150.00 /
(SHRUB BEDS) 2200.00 19aO.00 2640.00 3300.00
4.0 PRUNING 50.00 / 70.00 I 200.00 / 150.00 /
a. . 12 SHRUBS 600.00 840.00 2400.00 1800.00
b. 12 TREES & PAlMS 50.00 / 140.00 / 100.00 / 150.00 I
600.00 1680.00 1200.00 1aOO.00
c. 6 ACCENT TREES 50.00 / 72.00 / 100.00 / ' 200.00 /
300.00 432.00 600.00 1200.00
5.0 43 lITTER CONTROL 50.00 / 20.00 / 54.00 I 25.00 I
2150.00 860.00 2322.00 1075.00
6.0 22 IIUIIGATlON 25.00 / 30.00 / 100.00 I 25.00 /
(INSPECTIONS W/CITY) 550.00 660.00 2200.00 550.00
7.0 CHEMICAL APPLICATIONS 125.00 / 180.00 I 150.00 / 300.00 /
a. 2 TURF INSECTICIDE PROGRAM 250.00 360.00 300.00 600.00
b. SHRUB INSECTICIDE PROGRAM
c. FIRE ANT CONTROL
d. DISEASE CONTROL
(AS NEEDED - SEE RATES FOR ADDITIONAL WORK)
-
e. 2 TURF FERT. BAHIA/ 30.00 I 85.00 / 200.00 / 220.00 /
60.00 170.00 400.00 440.00
f. 1 TURF FERT. ST. AUGUSTINE 150.00 / 72 . 00 / 300.001 200.00 /
150.00 72.00 300.00 200.00
g. 2 ST. AUGUSTINE WEED & FEED 300.00 / 90.00 / 300.00 / 330.00 /
600.00 180.00 600.00 660.00
-- . -
-1-
, ~ "
TAB U L A T ION o F BID S
BID . 91-04
NOVEMBER 07, 1990 LANDSCAPE MAINTENANCE - THREE (31 AREAS
NORTH FEDERAL, NORTH CONGRESS, AND LAMAT AVENUE
Tare Lawn America's I.S.S. Landscap ~ A Cut Above
ITEM EST. DESCRIPTION Maintenance, Pro's Mgmt. Services Lawn & Tree
_' QTY . Svc.
AREA f1
1~ 400.00 1 200.00 1 140.001 700.00 I
MOWING 17 ,200.00 8600.00 6020.00 30100.00
2.0 TRIMMING & EDGING 50.00 1 25.00 1 140.00 I 125.00 I
a. 43 LINE TRIMMING 2150.00 1075.00 6020.00 5375.00
b. 22 EDGING 140.00 I 125.00 I
50.00 / 75.00 I
1100.00 1650.00 3080.00 2750.00
3.0 22 WEED CONTROL 25.00 / 125.00 / 80.00 / 150.00 I
(SHRUB BEDS I
550.00 2750.00 1760.00 3300.00
4.0 PRUNING 350.00 1 220.00 I
a. 12 SHRUBS 20.00 / 75.00 I
240.00 900.00 4200.00 2640.00
b. 12 TREES & PALMS 225.00/
20.00 / 125.00 I 70.00 I
240.00 1500.00 840.00 2700.00
c. 6 ACCENT TREES 140.00 I 125.00 I
20.00 / 75.00 I
120.00 450.00 840.00 750.00
5.0 43 LITTER CONTROL 10.00 / 25.00 I 35.00 I 20.00 /
430.00 1075.00 1505.00 860.00
6.0 22 IRRIGATION 10.00 / 25.00 I 35.00 I 10.00 /
I INSPECTIONS W/CITY)
220.00 550.00 770.00 220.00
7.0 CHEMICAL APPLICATIONS 160.00 1 160.00 I
a. 2 TURF INSECTICIDE PROGRAM 50.00 / 400.00 /
100.00 800.00 320.00 320.00
b. SHRUB INSECTICIDE PROGRAM
c. FIRE ANT CONTROL
d. DISEASE CONTROL
(AS NEEDED - SEE RATES FOR AODITIONAL WORK)
e. 2 TURF FERT. BAHIA/ 50.00 I 100.00 I 100.00 I 65.00 I
100.00 200.00 200.00 130.00
-
f. 1 TURF FERT. ST. AUGUSTINE 150.00 / 250.00 I
50.00 I 65.00 I
50.00 150.00 250.00 65.00
g. 2 ST. AUGUSTINE WEEO & FEED 50.00 I 250.00 I 125.00 / 90.00 I
100.00 500.00 250.00 180.00
-- -
-1- (a)
TABULATION OF BIDS CONT.....
.I
Coles Lawn A& S The Best Cohen's Lawn Fla. Landscape
1m EST. DESCRIPTION Service Janitoral & Care D/B/A Fla.
-.- jIY. LandscaDe ..
h. 1 ST. AUGUSTINE/INSECT/
FERT. COMB. 300.00 I 105.00 I 300.00 / 300.00 I
~OO 00 10"i 00 100.00 100 00
i. 2 SHADE TREE FERTILIZATION 50.00 / 190.00 I 200.00 / 160.00 /
100.00 380.00 400.00 320.00
J. 4 PALM TREE FERTILIZATION 50.00 I 345.00 I 200.00 / 140.00 I
200.00 1380.00 800.00 560.00
k. 3 SHRUB FERTILIZATION 50.00 / 315.00 I 300.00 I 130.00 I
150.00 945.00 900.00 390.00
8.0 3 MULCH 150.00 I 950.00 / 400.00 I 800.00 /
450.00 2850.00 1200.00 2400.00
---
GRAND TOTAL - AREA '1 $18.360.00 $16.195.00 $28,212.00 $26.795.00
-
ADDITIONAL WORK - IF NEEDED:
13.& SOD REPLACEMENT
(SQ~ fT. PRICE) .50 .55 .18 .25
-
13.b PLANT , TREE INSTALLAITON 15.00 12.50 18.00 15.00
(LABOR PER HOUR/PER MAN)
13.c FERTILIZING
(LABOR PER HOUR/PER MAN) 15.00 12.25 18.00 15.00
13.d ADDITIONAL PEST CONTROL
PRICE PER 50 GALLON 40.00 10.25 40.00 50.00
APPLICATION OF INSECTICIDE
PRICE PER 50 POUND APPLICATION 50.00 43.50 40.00 50.00
OF INSECTICIDE
-
13.e. FIRE ANT CONTROL
(LABOR PER HOUR/PER MANI 15.00 15.00 18.00 15.00
-2-
TABULATION OF BIDS CONT..... --'
I
Tare Lawn America's ISS Landscape A Cut Above
I TEl EST. DESCRIPTION Maintenance Pro's Mgmt. Services Lawn & Tree Svc
-' QTY.
h. 1 ST. AUGUSTINE/INSECT/ 50.00 I 250.00 I 300.00 I 100.00 I \
I
FERT. COMB. 50.00 250.00 300.00 100.00
i. 2 SHADE TREE FERTILIZATION 100.00 I 300.00 I 250.00 / 90.00 /
200.00 600.00 500.00 180.00
j. 4 PALM TREE FERTILIZATION 100.00 I 375..,00 / 50.00 I 60.00 I
400.00 1500.00 200.00 240.00
k. 3 SHRUB FERTILIZATION 100.00 I 400.00 I 250.00 I 70.00 I
300.00 1200.00 750.00 210.00
8.0 3 MULCH 200.00 I 1700.00 1500.00 I 750.00 I
600.00 5100.00 4500.00 2250.00
---
GRAND TOTAL - AREA .1 $24,150.00 $28,850.00 $32,305.00 $52,370.00
----
ADDITIONAL WORK - IF NEEDED:
13.1 SOD REPLACEMENT
(SQ; FT. PRICE) 2.00 .50 .35 .60
-
13.b PLANT & TREE INSTALLAITON
(LABOR PER HOUR/PER MAN) 15.00 15.00 22.50 25.00
13.c FERTILIZING 15.00
(LABOR PER HOUR/PER MAN) 15.00 (minimuM 25.) 22.50 22.00
13.d ADDITIONAL PEST CONTROL 25.00 11.50 80.00 75.00
PRICE PER 50 GALLON
APPLICATION OF INSECTICIDE
40.00 40.00 52.00 a5.00
PRICE PER 50 POUND APPLICATION
OF INSECTICIDE
13.e. FIRE ANT CONTROL 15.00 15.00 17.50 22.00
(LABOR PER HOUR/PER MAN)
-2- (a)'
TABULATION OF BIDS CONT......
ITEM EST. DESCRIPTION Coles Lawn A & S The Best Cohen's Lawn Fla. Landscape
I OTY. Servd.èe Jan & Landsape Care D/B1A FL.Maint.
-
~Rf~ .Jl
1.0 43 MOWING 100.00 / 40.00 I 100.00 I 140.00 I
4300.00 1720.00 4300.00 6020.00
2.0 TRIMMING & EDGING 50.00 / 25.00 I 65.00 I 50.00 I
a. 43 LINE TRIMMING
2150.00 1075.00 2795.00 2150.00
b. 22 EDGING
50.00 I 23.00 I 65.00 I 30.00 /
1100.00 506.00 1430.00 660.00
3.0 22 WEED CONTROL 100.00 /
¡SHRUB BEDS) 90.00 I 100.00 I 150.00 I
2200.00 1980.00 2200.00 3300.00
4.0 PRUNING
a. 12 SHRUBS 20.00 I 70.00 / 100.00 I 250.00 I
240.00 840.00 1200.00 3000.00
--
b. 12 TREES & PALMS 20.00 / 140.00 I 100.00 / 100.00 /
240.00 1680.00 1200.00 1200.00
---
c. 6 ~CCENT TREES 20.00 I 72 . 00 I 100.00 I
60.00 I
120.00 432.00 600.00 3.60.00
5.0 43 LITTER CONTROL .
15.00 / 20.00 / 40.00 I 20.00 I
645.00 860.00 1720.00 a60.00
---
6.0 22 IRRJGATION
(INSPECTIONS W/CITY) 15.00 I 30.00 I 75.00 I 20.00 I
330.00 660.00 1650.00 440.00
7.0 CHEMICAL APPLICATIONS
a. 2 TURF INSECTICIDE PROGRAM 75.00 I 180.00 I 120.00 / 250.00 /
150.00 360.00 240.00 500.00
b. SHRUB INSECTICIDE PROGRAM
c. FIRE ANT CONTROL
d. DISEASE CONTROL
(AS NEEDED - SEE RATES FOR ADDITIONAL WORK)
e. 2 TURF 'FERT. BAHIA
100.00 / 85.00 I 100.00 I 200.00
/ 200.00 170.00 200.00 400.00
--
f. TURF FERT. ST. AUGUSTINE
N/A nla n/a n/a n/a
g. ST. AUGUSTINE WEED & FEED n/a n/a n/a n/a
N/A
, -3-
TABULATION OF BIDS CONT......
Tare Lawn America's ISS Landscape A Cut Above
ITEM EST. DESCRIPTION Maintenance Pros Mgmt. Services Lawn & Tree Svc
- I I QTY.
ARE! tl
375.00 I 150.00 I 105.00 I 200.00 I
1.0 43 MOWING 16125.00 6450.00 4515.00 8600.00
2.0 TRIMMING & EDGING 35.00 / 25.00 / 52.00 I 22.00 I
a. 43 LINE TRIMMING 1505.00 1075.00 2236.00 946.00
b. 22 EDGING 50.00 I 50.00 / 52.00 I 15.00 I
1100.00 11 00. 00 1144.00 330.00
3.0 22 WEED CONTROL 25.00 I 175.00 I 150.00 I 60.00 I
¡SHRUB BEDS) 550.00 3850.00 3300.00 1320.00
4.0 PRUNING 20.00 / 75.00 / 490.00 I 125.00 /
a. 12 SHRUBS 240.00 900.00 58aO.00 1500.00
b. 12 TREES & PALMS 20.00 I 100.00 I 70.00 I 110.00 /
240.00 1200.00 840.00 1320.00
---
c. 6 ACCENT TREES 20.00 I 75.00 / 140.00 I 42.00 I
120.00 450.00 840.00 252.00
5.0 43 lITTER CONTROL 10.00 / 25.00 I 35.00 I 10.00 I
430.00 1075.00 1505.00 430.00
6.0 22 IRRIGATION 10.00 I 25.00 I 35.00 I 10.00 I
(INSPECTIONS WI CITY I 220.00 550.00 770.00 220.00
7.0 CHEMICAL APPLICATIONS 100.00 I 300.00 I 160.00 / 55.00 I
a. 2 TURF INSECTICIDE PROGRAM 200.00 600.00 320.00 11 0 . 00
b. SHRUB INSECTICIDE PROGRAM
c. FIRE ANT CONTROL
d. DISEASE CONTROL
(AS NEEDED - SEE RATES FOR ADDITIONAL WORK)
e. 2 TURF FERT. BAHIA 100.00 I 350.00 I 185.00 I 25.00 I
200.00 700.00 370.00 50.00
/
--
f. TURF FERT. ST. AUGUSTINE n/a n/a n/a n/a
NIA
g. ST. AUGUSTINE WEED & FEED n/a n/a n/a n/a
NIA
, -3- (a)
TABULATION Of BIDS CONT.....
Coles Lawn A & S The Best Cohen's Lawn Fla. Landscape
ITEM EST. DESCRIPTION Service Jan. & Landsca¡: ~ Care D/B/ A Fl Maint.
-'- QIV.
h. ST. AUGUSTINE/INSECT/
N/A FERT. COMB. n/a n/a n/a n/a
1. 2 SHADE TREE FERTILIZATION
50.00 / 190.00 I 100.00 I 90.00 I
100.00 180.00 200.00 180.00
j. 4 PALM TREE FERTILIZATION 50.00 / 345.00 / 100.00 / 150.00 /
200.00 1380.00 400.00 600.00
k. 3 SHRUB FERTILIZATION 50.00 I 315.00 / 150.00 / 180.00 /
150.00 945.00 450.00 540.00
8.0 3 MULCH 150.00 / 950.00 / 300.00 / 400.00 /
450.00 2850.00 900.00 1200.00
--
GRAND TOTAL - AREA '2 $12,575.00 $15,838.00 $19,485.00 $21,410.00
----
ADDITIONAL WORK - IF NEEDED:
13.& SOD REPLACEMENT
ISQ. FT. PRICE) .50 .55 .16 .25
-
13.b PLANT & TREE INSTALLAITON
(LABOR PER HOUR/PER MAN) 15.00 12.75 18.00 15.00
13.c FERTILIZING 15.00 12.50 18.00 15.00
(LABOR PER HOUR/PER MANI
13.d ADDITIONAL PEST CONTROL 40.00 10.25 40.00 50.00
PRICE PER 50 GALLON
APPLICATION OF INSECTICIDE
PRICE PER 50 POUND APPLICATIO 50.00 43.50 40.00 50.00
OF INSECTICIDE
-
13.e FIRE ANT CONTROL 18.00 15.00
(LABOR PER HOUR/PER MAN) 15.00 15.55
-4-
TABULATION OF BIDS CONT.....
Tare Lawn America's ISS Landscape A Cut Above
ITEM EST. DESCRIPTION Maintenance Pros Mgmt. Services Lawn & Tree Svc
_t_ gTY.
h. ST. AUGUSTINE/INSECT I
NIA FERT. COMB. n/a n/a n/a n/a
í. 2 SHADE TREE FERTILIZATION 75.00 / 300.00 / 40.00 / 40.00 /
150.00 600.00 ao.oo ao.oo
J. 4 PALM TREE FERTILIZATION 75.00 / 350.00 / 60.00 I 110.00 I
300.00 1400.00 240.00 440.00
k. 3 SHRUB FERTILIZATION 75.00 / 400.00 I 375.00 / 70.00 /
225.00 1200.00 1125.00 210.00
8.0 3 MULCH 150.00 / 1900.00 / 1500.00 I 420.00 I
450.00 5700.00 4500.00 1260.00
GRAND TOTAL - AREA t2 $22,055.00 $26,850.00 $27,665.00 $17,068.00
--
ADDITIONAL WORK - IF NEEDED:
13.. SOD REPLACEMENT
(SQ. FT. PRICEI 2.00 .50 .35 .60
13.b PLANT & TREE INSTAllAITON 15.00 15.00 22.50 25.00
(LABOR PER HOUR/PER MAN)
13.c FERTILIZING 15.00 15.00 22.50, 22.00
(LABOR PER HOUR/PER MAN) (minimum 25.)
13.d ADDITIONAL PEST CONTROL 25.00 11.50 ao.oo 75.00
PRICE PER 50 GALLON
APPLICATION OF INSECTICIDE
PRICE PER SO POUND APPLICA TI( 40.00 40.00 52.00 a5.00
OF INSECTICIDE
13.e FIRE ANT CONTROL 15.00 15.00 17.50 22.00
(LABOR PER HOUR/PER MAN)
-4- (a)
. '/
.
TABULATION OF BIDS CONT......
Coles Lawn A & S The Best Cohen's Lawn Fla. Maintenan(e
ITEM EST. DESCRIPTION Service Jan. & Land. Care
- I IOTY.
AREA 13
1~VlMG 90.00 / 35.00 / 36.00 / 70.00 /
3870.00 1505.00 1548.00 3010.00
2.0 TRIMMING & EDGING 25.00 / 20.00 I 20.00 / 20.00 /
a. 43 ' LINE T"IMMIHG 1075.00 860.00 860.00 860.00
b. 22 EDGING 25.00 / 30.00 / 20.00 I 20.00 I
550.00 660.00 440.00 440.00
3.0 22 WEED CONTROL 25.00 / 60.00 I 20.00 I 70.001
(SHRUB BEOS! 550.00 1320.00 440.00 1540.00
4.0 PRUNING 25.00 I 15.00 / 20.00 I 40.00 /
a. 12 SHRUBS 300.00 180.00 240.00 480.00
--
b. 12 TREES & PALMS 25.00 / 75.00 / 25.00 I 40.00 I
300.00 900.00 300.00 480.00
--
c. 6 ACCENT TREES 25.00 / 45.00 I 20·~00.' / 60.00 /
150.00 270.00 120.00 360.00
5.0 43 LITTER CONTROL 15.00 / 30.00. / 15.00 / 15.00 /
645.00 1290.00 645.00 645.00
6.0 22 IRRIGA nON 20.00 / 25.00 I 40.00 I 20.00 /
(INSPECTIONS W/CITY) 440.00 550.00 880.00 440.00
7.0 CHEMICAL APPLICATIONS 40.00 / 160.00 / 40.00 I 80.00/
a. 2 TURF INSECTICIDE PROGRAM ao.oo 320.00 80.00 160.00
b. SHRUB INSECTICIDE PROGRAM
c. FIRE ANT CONTROL
d. DISEASE CONTROL
(AS NEEDED - SEE RATES FOR AODITIONAL WORK)
e. TURF FERT. BAHIA
MIA n/a n/a n/a n/a
-
f. 1 TURF FERT. ST. AUGUSTINE 150.00 / 70.00 / 50.00 I 40.00 I
150.00 70.00 50.00 40.00
g. 2 ST. AUGUSTINE WEED & FEED 300.00 I 72 . 00 / 70.00 / 120.00 /
600.00 144.00 140.00 240.00
-5-
TABULATION OF BIDS CONT......
Tare Lawn America's ISS Landscape A Cut Above
ITEM EST. DESCRIPTION Maintenance Pros Mgmt. Services Lawn & Tree Svc
-' Ion.
AREA 'i
17 5.00 / 50.00 / 35.00 I 166.00 I
1.0 43 MOWING 7525.00 2150.00 1505.00 7138.00
2.0 TRIMMING & EDGING 25.00 / 25.00 I 17.00 / 20.00 I
a. 43 LINE TRIMMING 1075.00 1075.00 731. 00 860.00
b. 22 EDGING 25.00 / 25.00 I 35.00 / 20.00 I
550.00 550.00 770.00 440.00
3.0 22 WEED CONTROL 25.00 / 35.00 / 18.00 I 40.00 /
(SHRUB BEDS! 550.00 77 O. 00 396.00 880.00
4.0 PRUNING 15.00 I 20.00 I 52.00 I 30.00 I
a. 12 SHRUBS 180.00 240.00 624.00 360.00
b. 12 TREES & PALMS 15.00 / 25.00 / 17.00 I 20.00 I
180.00 300.00 204.00 240.00
c. 6 ACCENT TREES 15.00 I 35.00 / 35.00 I 20.00 I
90.00 210.00 210.00 120.00
5.0 43 LITTER CONTROL 10.00 / 25.00 / 9.00 I 10.00 /
430.00 1075.00 3a7.00 430.00
6.0 22 IRRIGATION 10.00 / 25.00 / 17.00 / 10.00 I
(INSPECTIONS W/CITY) 220.00 550.00 374.00 220.00
7.0 CHEMICAL APPLICATIONS 75.00 / 75.00 / 80.00 / 50.00 I
a. 2 TURF INSECTICIDE PROGRAM 150.00 150.00 160.00 100.00
b. SHRUB INSECTICIDE PROGRAM
c. FIRE ANT CONTROL
d. DISEASE CONTROL
(AS NEEDED - SEE RATES FOR ADDITIONAL WORK)
/
e. TURF FERT. BAHIA nla n/a n/a n/a
NIA
f. 1 TURF FERT. ST. AUGUSTINE 150.00 / 60.00 I 125.00 I 25.00 I
150QOO 60.00 125.00 25.00
g. 2 ST. AUGUSTINE WEED & FEED 50.00 / 75..00 I 100.00 I 35.00 I
100.00 150.00 200.00 70.00
I
-5- (a)
TABULATION OF BIOS CONT.....
Coles Lawn A & S The Best Cohen's Lawn Fla.
ITEM EST. DESCRIPTION Service Jan. & Land. Care Maintenance
- . ~TY
h. 1 ST. AUGUSTINE/INSECT/
FERT. COMB. 300.00 / 105.00 / 70.00 / 220.00 /
')nn nn 10'5.00 70.00 220.00
1. 2 SHADE TREE FERTILIZATION
25.00 / 140.00 / 20.00 / 40.00 /
50.00 280.00 40.00 80.00
j. . PALM TREE FERTILIZATION
25.00 / 60.00 / 20.00 / 30.00 /
100.00 240.00 80.00 120.00
k. 3 SHRUB FERTILIZATION
25.00 / 35.00 / 30.00 / 50.00 /
75.00 105.00 90.00 150.00
8.0 3 MULCH
25.00 / 140.00 I 40.00 / 180.00 /
75.00 420.00 120.00 540.00
GRAND TOTAL - AREA .3 $9,310.00 $9,219.00 $6,143.00 $9,805.00
ADDITIONAL WORK - IF NEEDED:
13.1 SOD REPLACEMENT
(SQ. FT. PRICE) .50 .40 .16 .25
13.b PLANT & 'TREE INSTALLAITON
(LABOR PER HOUR/PER MAN) 15.00 15.25 18.00 : 15.00
13.c FERTILIZING
(LABOR PER HOUR/PER MAN) 15.00 12.75 18.00 15.00
13.d ADDITIONAL PEST CONTROL
PRICE PER SO GALLON 40.00 12.25 40.00 50.00
APPLICATION OF INSECTICIDE
PRICE PER SO POUND APPLICATION 50.00 55.50 40.00 50.00
OF INSECTICIDE
13.8 FIRE ANT CONTROL
(LABOR PER HOUR/PER MAN) 15.00 12.75 18.00 15.00
TOTAL AREA .1 $18,360.00 $28,212.00
$16,195.00 $26,795.00
TOTAL AREA .2 $12,575.00 $15,838.00 $19,485.00 $21,410.00
TOTAL AREA .3 $ 9,310.00 $ 9,219.00 $ 6,143.00 $ 9,805.00
TOTAL BID PRICE $40,245.00 $41,252.00 $53,840.00 $58,010.00
COMMENTS/EXCEPTIONS:
-.
-6-
TABULATION OF BIDS CONT.....
Tare Lawn America's ISS Landscape A Cut Above
ITEM EST. DESCRIPTION Maintenance Pros Mgmt. Services Lawn & Tree SV(
- t oTY.
h. 1 ST. AUGUSTINE/INSECT/ 75.00 / 75.00 / 150.00 / 25.00 /
FERT. COMB. 75.00 75.00 150.00 25.00
I. 2 SHADE TREE FERTILIZATION 75.00 / 60.00 / 62.00 / 40.00 /
150.00 120.00 124.00 80.00
j. 4 PALM TREE FERTILIZATION 75.00 / 45.00 / n/a 90.00 /
300.00 180.00 360.00
k. 3 SHRUB FERTILIZATION 75.00 / 50.00 / 25.00 / 55.00 /
225.00 150.00 75.00 165.00
8.0 3 MULCH 150.00 I 200.00 / 60.00 / 400.00 /
450.00 600.00 laO.OO 1200.00
GRAND TOTAL - AREA 13 $12,400.00 $8,405.00 $6,115.00 $12, 713 . 00
ADDITIONAL WORK - IF NEEDED:
13.1 SOD REPLACEMENT
(SQ, FT. PRICE) 2.00 .50 .35 .60
13.b PLANT & TREE INSTAlLAITON 15.00 15.00 22.50 .25.00
tLABOR PER HOUR/PER MAN)
13.e FERTILIZING 15,00 15.00 22.50 22.00
(LABOR PER HOUR/PER MAN)
13.d ADDITIONAL PEST CONTROL 25.00 11.50 80.00 75.00
PRICE PER 50 GALLON
APPLICATIOM OF INSECTICIDE
PRICE PER 50 POUND APPLICATION
OF INSECTICIDE 40.00 40.00 52.00 85.00
13.e FIRE ANT CONTROL
(lABOR PER HOUR/PER MANI 15.00 15.00 17.50 22.00
TOTAL AREA II $24,150.00 $28,850.00 $32,305.00 $52,370.00
TOTAL AREA 12 $22,055.00 $26,850.00 $27,665.00 $17,068.00
TOTAl AREA 13 $12,400.00 $ 8,405.00 $ 6,215.00 $12,713.00
TOTAL BID PRICE $58,605.00 $64,105.00 $66,185.00 $82,151. 00
COMMENTS/EXCEPTIONS:
-6- (a)
. \ .
Agenda Item No. :
AGENDA REQUEST
Date: 12/4/90
Request to be placed on:'
xxx Regular Agenda Special Agenda Workshop Agenda
When: 12/11/90
Description of agenda item (who, what, where, how much): Request C;tv Comm;ss;on
to approve the purchase of n;ne (9) turb;d;ty meters at the Water Treatment Plant to replace defect;ve
turbidity meters. Purchase will be under the City of Boca Raton's Request for Quotation Number 195. This
equipment ;s necessary to mon;tor turb;d;ty as requ;red by the Flor;da Department of Environmental Requlation
and Palm Beach County Health Department. Estiamted cost $15,075 to be funded from 444-5164-536-60.31 $BM
Line of Credit and to be reimbursed by 447-5164-536-60.31 Proposed 1991 Water and Sewer Revenue Bond.
ORDI1IAØCE/ RESOLUTIOII REQUIRED: JIIM/NO Draft Attached: il~/NO
Recommendation: Recommend C;ty Commission to approve purchase and ;nstallat;on of replacement
turbidity meters at the Water Treatment Plant. Experience with the present units has not been satisfactory.
"'. The manufacturer of the proposed replacement un;t has been used by most of the municipalities in Florida.
The manufacture ;s located ;n FLor;da - H.F. Sc;ent;f;c, Inc., Ft. Myers. Th;s work would have been performed
durin the Conversion to Lime Softenin however the e i ment is defective now and re uires imm iat replacement.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
"'!"
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES; NO
Funding alternatives: ÆM .., 'S \ ~4- JS~ (00 ~ 3 , (if a~liCable)
Account No. & Description: \?1.t \ t) n.1~
Account Balance: '2.'5"0(00()
City Manager Review:
Approved for agenda: ~ NO fIÞj
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
w
MEMORANDUM
TO: William H. Greenwood, 1tJ¿ "/1-1 (fð
Director,
Environmental Services
FROM: Ernest A. Kaeufer, P. E. fAIl II lzr(Yf)
Assistant Director
Environmental Services
SUBJECT: PURCHASE OF TURBIDITY METERS
DATE: November 28, 1990
See attached award to H. F. Scientific, Inc. , for the
purchase of a Turbidity Meter by the City of Boca Raton in
the amount of $1,675.00 for the meter. The additional cost
of $2,232.50 for a stainless enclosure is not required.
This was a solicited quotation with the following results:
H. F. Scientific Inc., $1,675.00
Hach Chemical Co. $2,245.00
Fisher Scientific No Bid
The above companies are the only EPA approved manufacturers
of Turbidity Meters.
Recommend purchase of H. F. Scientific, Inc., meters at the
same bid price of $1,675.00 for each meter.
cc: E. Kaeufer, Asst. Dir. Environmental Services
EAK:jaf
PC: EKWAME01
FILE: MEMO TO DIRECTOR ENVIRONMENTAL SERVICES
ß3'~
nil$ NUMBeR MUST APPEAR f.!-O'(t"/ ~----
ON ALL OUOT ATIONS AND
RELATED CORRESPONDENCE
201 WEST PALMETTO PARK ROAD
195 BOCA RATON. FLORIDA 33432-3730
PHONE (407) 393-7871
FAX (407) 393-7983
7/16/90 o . 11
DATE DEL REOUESTED REPLY NOT LATER THAN REOUISITION NO. CEPT.lCIV. PURCHASING CONTACT
ASAP 7/27/90 38160 Pub. Utilities Caroline R. Westfall
-,
VENDOR
.
R.F. Scientific
3052 Metro Pkwy SE
Ft. Myers, FL 33901-7539
PLEASE QUOTE ON THIS FORM, YOUR BEST PRICE, TERMS, AND DEUVERY, ON THE ARTICLES DESCRIBED BELOW. VENDOR MUST
FILL IN COLUMNS 1 THROUGH 7 TO RECEIVE CONSIDERATION. SIGN YOUR FIRM NAME AND OFFICIAL SIGNATURE AND MAIL
COMPLETED FORM BACK TO BUYER.
·WE WILL CONSIDER SUBSTITUTE OFFERS IF DIFFERENCES IN SPECIFICATIONS ARE EXPLAINED.
NOTE DATE DELIVERY REQUESTED AND IN QUOTING ADVISE DIFINITE DELIVERY.
BASE YOUR QUOTATIONS ON THE TERMS AND CONDITIONS PRINTED AND/OR TYPED HEREON.
LATE BIDS WILL NOT BE ACCEPTED.
,. TERMS 2. F.O.B. 3. SHIPMENT VIA 4. OUOTATION vAUD UNTIL 5. DATE SHIPMENT CAN BE MACE
Net 30 Ft. Myers, FL Best way 8/19/90 30 days, ARO
ITEM aUANllrv DESCRIPTION 6. UNIT PRICE 7. AMOUNT
001 1 ea. ¡urbity System with outdoor mounting, 4X enclosure 5.5.,
~F Scientific IDRT 200 Series B or equal.
Grand Total: $ 3907.50
Delivery: 30 days A.R.O.
NarE:
1. No substitutes will be accepted.
.2. NO late bids will be accepted. All responses must be in the Purchasing Office by
5 P.M. on 7/27/90
3. For answers to technical ques~ions, contact Leo Kiernan on (407)338-7332.
4. Responses may be faxed using City Fax No. (407)393-7983.
WE QUOTE YOU AS ABOVE
COMPANY
NAME: HF scientific. inc. FEDERAL 1.0. NO. 59 19858a3
ADDRESS: FL 33916-7597
AUTHORIZED
SIGNATURE: TYPED NAME. TmE: William L. Lazenb Florida
Sales Manager
TELEPHONE NO: ( FAX NO: ( 813 ) 332-7643 .
QUOTATION
-
III H F scientific, inc.' TNQUlRY NO.: 90-0719-1
3170 Metro Parkway DATE: July 19, 1990
Ft. Myers, FL 33916-7597 TERMS: Net 30
Phone: (813) 337-2116
Fax: (813) 332-7643 DELIVERY: 30 days, ARO
TO: City of Boca Raton '7.0.B.: Ft. Myers, FL
201 West Palmetto Park Road
Boca Raton, FL 33432-3730
RE: Reauest for Quotation #195
IIli:¡: II¡i~::':i~i::i:¡i:~illll¡I::¡:II:lllil¡ii~illl::::::1::IIIIII::.¡::¡::¡::i:¡¡::llllllllllil¡il:II'~~!~~¡¡@~:::~::¡!!m::~¡~~~~1~fi1.~¡~m~1111111'11\lIí11 lll4,lt.llll1llitlllllí1Ii1t\tfltli\' íI1~~~~~~~""¡ 11~~~1-~!11~11Ii
......................,........................."...................... ........... ......... .... ..... ....... ... ... .... . .......... ......... ..................... -. .... ......... ..... ..... . .', .... .........
1 HF scientific, inc. Model DRT-200B on-line continuous reading turbidity $1675.00 $1675.00
meter. EPA accepted.
Ranges: 0-1, 0-10, 0-100, 0-1000 NTU switch selectable
Accuracy: +1% F.S.
Linearity: ±1% F.S.
Repeatability: + 1 % F .S.
Sensitivity: 0.01 NTU
Display: Digital (3 1/2 L.E.D. digits)
Alarm Contacts: Max. 250 VAC @ 2.5A
Outputs: 4 - 20mA (non-isolated), 0 - 1 mA (non-isolated)
Power Supply: 115/230V ±10%, 50/60 Hz
Power Consumption: 30 VA (nominal)
Cuvettes: Borosilicate glass
Cuvette Holder: Acetal Head
Pressure: Max. 60 psi
Flow Rate: 0 - 1.5 U.S.G.P.M.
Indicator Module: 7 3/4" X 11 3/4" X 7", (20 X 30 X 18 cm) Nema 4X
Sensing Module: Nonporous cast aluminum, Nema 4,
101/2" X 5 3/4" X 41/4" (27 X 15 X 11 cm)
12 Feet of interconnecting cable, sensor head to analyzer
Instruction Manual
Accessory Case Containing:
0.02 NTU Turbidity Standard (1)
Lamp (1)
Light Shield (1)
Thread in Measuring Cuvette (1)
Discrete Sample Cuvette (1)
Lamp Alignment Tool (1)
Flow restrictor clamp (1)
Desiccant (15)
Cuvette cleaning solution
Shipping weight: 19 pounds
Quoted by: .."r This quote is valid for a period of 30 days.
J
William L. Lazenby
Florida Sales Manager
QUOTATION
.
II H F scientific. inc. I TNQUlRY NO.: 90-0719-1 cont.
3170 Metro Parkway DATE: July 19,1990
FL Myers, FL 33916-7597 TERMS: Net 30
Phone: (813) 337-2116
Fax: (813) 332-7643 DELIVERY: 30 days, ARO
TO: City of Boca Raton F.O.B.: Ft. Myers, FL
201 West Palmetto Park Road
Boca Raton, FL 33432-3730
........................ ..... .................. ............................... .....
1 4X enclosure 5.5. $2232.50 $2232.50
::tj/;// This quote is valid for a period of 30 days.
Quoted by: . / /, -- ~~,~ ----
William L. Laientiy
Florida Sales Manager
I
I turbidimeters
Continuous Monitoring
~
~RT -200 Series)
I How It Works
Through a side 8tMam from the process, the liquid to be measured
flows through a glass cuvette In the well of the DAT-200 Series measuring
head. Light from a tungsten filament source Is beamed horizontally at the
I sample. Photo diodes (positioned at 90" to the Incident light beam, on
each side) detect the light scattered by the turbidity of the sample, while a
photo. detector opposite the light source detects the light that passes
through. The outputs from these detectors are electr0nlcaiiy prooeased,
and a ratio developed, producing a measurement that Is linear over a
r broad range of Ilqulcls and turbidities.
Thus the DRT-200 Series TUfbidIrneter combines the techniques of 90"
nephelometry and transmittance.
[
I
I EPA Approved*
Features
t Simplicity: The ultimate in simplicity of operation - standatdIzatic) and
calibration can be done without· atrdng process. ftow -
and one standardization serves for aI ranQes.
I Unearity: The instrument provides a linear responàe over the range of
interest on many liquids.
LIght Path: Horizontal, so the measurement isn't affected by falkIut.
or bulid-up on 1he bottom of the cuvette.
Instant No waiting - no warm-up.
l Response:
Color Using photo diodes, greater response Is obtained through
Seneltfylty: the color spectrum, vastly improving the measurement of
How It Operates colored liquids.
Calibration: Factory calibrated in NTU's (NephelometrIc Turbidity Units)
The operation of the DRT-200 SerIes Continuous Monitor Is very - can be field caIb'ated in customer units on runerous
simple. liquids.
For example, standardization of the instrument can be accomplished Meter High visibility, digital. L.E.D.
without interfering with the flow of liquid to and from the sensor enclosure. Display:
Just lift the measuring cuvette out by the head, Insert 1he standard RecordI Popular outputs for recording and control functions
provided, put the light shield in place, and make the 8djustment (If Control: provided.
. .ecessary). Gr8b Discrete samples from other parts of the proceI8 can be
ONE CHECK STANDARDIZES FOR ALL RANGES Samp"': measured without affecting process ftow.
It isn't necessary to re-standardIie fNery time ranges are changed. *EPA U.S. EPA-approved means the lnatru""f.'imeetJCH:
There's no warm-up period, either. Resporise Is Irrvnedlate. .. ........ Approved: .xceedsdesignandperformanceCrlleri".~Jn~:
Calibration check or adjustment can be done without interfering with.. United States ErwirOImentaI ProtecIIoriAgitncy ~... ...
the liquid flow. Adjustments, If necessary,.... acceseIbIe by opening the·· 180.1. . {¡,.¡;
analyz door .. . _ ... . .... .""_.
All D~T-2OÔ Series Turbldlmeters8f9factory calibrated U8Ing dI/Ut8. Wh_e It Is Used.. ..... .....'..:"t;c;
Formazin suspension and the. meter diepIay8 the reading In 1iTY'.'~cr".(:'I'h6DRT-200 Series ContInuoua ÙcriorptOYidea" ~I ~,./.
(Nephe~trIc Turbidity Units). ShouIdY9U~ to .~ 1n«mlls:'~,~ofbbldlty.haze.sutpendedtollds.*.øn.VII1IlYCIf~;b:Z:
m~re meamngfulto a~lIppIIcatIon~sayp;p.m.~.otIcia ,:...... The Ostofauccessful appI/catIons. ~ and ~ f*pIdIy".;~"'.....
. t IS can be accomplished. EllherdeYelop,through ~,.' Typical applications include:' . . ..... ... .... . '..é';'.¡
~~k-up t~leorgraph.orrecalibratethelnstrUmentuslngknownaamplee.Wlne, beer, water trNtment, ..... ... ...........,.,~ cIIa:\:;;.y~
Þ he particular process. . charge, cooling water, food proulllng, liquid...... ~'.. ,-
ca'., toiletries. . . ...
m I --...-....--............--'''O!Ì''c
. H F scientific inc. ~F_"""___"'''_''''''''''''-',,'
J on partlaJlar measurements and appIk:atIon8. .' ,.., ,
T.. .'..~.j~",
Quality Products for Science & Industry':'f~··/;·
DRT-200 Series Design Data DRT-200B Specifications
flow Through Head: Rang.. NTU: 0-1
.....surlng Cuvette: Borosilicate glass, 1 x 2¥4 in. (2.5 x 7.0 em). -0-10
0-100
Cuvette Holder: Acetal head. 0-1000
Connection Fittings: Bulkhead type, nylon material, to accept hard or Repeatability and + / - 1 % of full scale
soft tubing. Linearity: t
Pressure: Recommended maximum working pressure Supply Voltage 100 x 140, 200-280, SO/80 Hz
60 p.s.i. (hydro-statically tested to 80 p.s.i.) 120 or 240 Volts
Flow Rate: 0-11h U.S.G.P.M. (0-6.0 liters/min.) (Nominal):
DIscrete Sample Borosilicate glass, 28 x 73 mm Power COnsumption: 30 watts (Nominal)
Cuvette: Fuse - 0.5A (115V
Sensing Module: Nonporous cast aluminum, rubber gasketed, Fuse - 0.25A (230V)
NEMA4 101h X 41/4 x4ln. (26 x 11 x 10em). COntrols: Range SwItch, Reference Adjust, Alann Control
Reference Standard: 0.1 NTU (Nominal) ¡
Analyzer: Model DRT-2oo - 31h digit, Ih in. high L.E.D. ElectrlcalOUtputa: 4-20 mA (factOfy set)
Display: o-SO mA (field adjustable)
Outputs: 0-1 mA (factory set), 4-20 mA (factory set) 0-10 V (with appropriate shunt)
Enclosure: NEMA4X std. 927/32x7 7/8x 6 in. 0-1 mA (factory set)
(25x20x15cm). 0-1 V (with appropriate shunt) I
Electrical: 100-140 VAC SO/60 HZ, 30 VA Alarm Contacts: Max. 250 VAC @ 2.5 A
Alarm: Standard fully adjustable w/contacts 3OVDC@2.5A
Min. 5 VDC @ 10 mA
Method : Nephelometric/Turbidimetric Resistive load I
Calibration: FactOfy calibrated in NTU (Nephelometric Tur- Dimensions: Indicator Module - 9 27/32"x 71¡\¡"x 6"
bkflty Units) using Formazin suspension (as per Sensor Module -101h"x 4W'x 4"
"Standard Methods"). Shipping Weight: 19 pounds
Standardization: Near-zero standard supplied (0.1 NTU) I
Model DRT-200 Monitoring Turbidimeter complete
with:
Thread in measuring cuvettes (2) BACKWASH TO DRAIN DISPLA Y I
Discrete sample cuvette (1 ) EFFLUENT
Light shield , ':.?~I ,
Reference Standard
Desiccant Discs -
12 ft. interconnecting cable, sensor to analyzer
Spare lamp SOLENOID VALVE - NC
Accessory case ..,
Instruction manual --
S.S. clamp
\ / SELECTOR ~
I SWITCH SENSOR
Ordering Information I
HF Turbldlmeten
DESCRIPTION MODEL NO. VOLTAGE CATALOG NO. TO DRAIN I
On-Line DRT-200B 120V 20028 TO DISTRIBUTION
TREATED WATER
On-Line DRT-2ooB 240V 20029
Typical filter application of I
Model DRT -200 Series Turbidimeter
Optional Accessories Available I
CATALOG NO. DESCRIPTION
20087 Single-channel Minigraph Analog Recorder Represented by:
R~e extension through light attenuation (factory I
50041 insta led) DRT-2ooB beyond 1000 NTU through
measurement of light attenuation
20106 Stilling chamber to eliminate entrapped air
20100 Digital Repeat Meter I
All Models
50040. Formazín Stock Solution Kit
New --
50099 Computer Interface - RS-232 or RS 485 œ H F scientific, inc. I
20114 Panel mounted repeat meter w/audible/visible alarm
50037 Flow-through head assembly of Teflon·
3170 Metro Parkway S.E., Fort Myers, FL33916-7597 I
Phone: (813) 337-2116 FAX: (813) 332-7643
Printed & mfg. in U.S.A. Rev 9/89
é
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,
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'-
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,
,~,
r .... , l'
I 'RATIO 2000 TURBIDIMETER
A(.·cu r;'tt~ -( }i/f/··L iiit.' it-Iea..su rClflcnts Reg,-ardless I
I
o£ (,'(),fC'l ( I ¿~ : ri~';},_ /~1',P -() J;' (~d *
t ,.,
Tht: latt:st innovations in to account for ahsorption dut: with ont: of two ditkrent tur. rt:movt:d from tht: optic;'¡
nt:phelomt:tric turhidity to color in tht: sample solu- hidity indicators ofkred hy area without intt:rrupting
mt:asurt:mt:nt art: availahle in tion while nlt:asurin~ turhidity. Ilach (see Indicators, helow). the sample tlow
a unique instrument that ac- The instrument's r.Jtiot:d With the Ratio 2000, producers · Food and Drug Administra_
commodatt:s a wide ran~t: of tion Food (jr.Jde wettt:d
control options to suit almost si~nal also compensatt:s for controllin~ filterin~ processes parts
any process. flach's Ratio'" light tluctuation due to haze, can ohtain continuous turhidity · Industrial enclosure to meet
2000 'Ibrhidimt:ter possessn dust on optics and tt:mpt:r.J- measurt:mt:nts in four r.Jn~es NEMA-J2 type dust-ti~ht,
tht: advanct:d optics that pt:r- ture codficit:nts of detectors from 0-2 to 0-2000 NTH Ap- drip- and splash-proof
mit accurate turhidity and amplitkrs, thert:hy plications include turhidity rt:quirements
mt:asurement of almost anv eliminating drift and the net:d monitoring of chemicals,
liquid, including highly col- for frn uent standardization. cosmetics, hever.Jges such as Indicators
ored solutions. Further, use of This dt:sign also rt:ducTs stray heer, wine, tea and juices, · The Ratio 2000D 'Iurhidl{'
the Ratio 2000 as a turbidity light, allowing precise foods and pharmaceuticals, Indicator is a digital dispLn
rt:adings t:\'t'n at very low tur- oils and luhricants and clean-
sensor/tr.lIlsmitter permits a hidit\ InTis. ing products. dt:VÎtT featurin~ an integral
choice of turhidity indicators single-point alarm system
hnt suitnl for specific on-line In addition to its color- Standard Features with adjustahle hysteresis,
monitoring needs. compensating r.Hio-optics, the In clu de- or alarm r.lIlge tolerance.
, This nephelomett'f ti:aturn l{atio 2()()O features a .¡.2() and adjustahle alarm delav
, · Selectable response r.He to
I tht: same r.nio method optical mA rt:gulatt:d output to ac- eliminate momentary si~nal to prevent actuation hy
commodate a 11\' recorder, momentary signal tluctua-
design as Hach's popular remote indicator, panel in- fluctuations due to buhhles tiollS. The unit featurt:s
lahoratof\ model Ratio 'Ibr- dicator. alarm module or AID or larger particles rt'mote rangt: switch and
bidimeter, making it truly conl't'ftt'f designed to accept · Remote range selection IFj/250 Vac selectahle
compar.Jhle to tht: lab unit on a · -20 mA signal. For a com- capahility power supply.
almost any sample. The Ust' plete turhiditv monitoring · Convt:nÎent standardiza- · The Ratio 2000A provides
of thrct:. geometrically- systclll. any comhination of tion/calihr.Hion with sample an analog meter display on
positioncd silicon photodiode thne options can ht, installed cell asscmhly that Gill he a calihr.Jted scale from 0 to
dctectors allows the instrument 2 NTl '. A multiplication bctor
is used when oper.Jting in
higher r.Jnges In addition to
the display, the 2()OOA is
equipped with 0- \()O mV
and 0-100 µA auxiliary OUt
puts. The 2000A makes an
ideal local indicator for usc
in calihr.Jting the Ratio 200()
sensor/tr.Jnsmitter unit or in
systems where the ;Idvancnl
features of the 2000D aren't
required.
How To Order
42100-00 Ratio ,woo -Iurhidiml"l('
With plastic t'ap
asst:mhlv S IliSO.I)',
42100-01 Ratio .WOO 'lurhidimetlT
with stainlt,ss sted
assc-mhly . . . . . IliSOOO
42200-00 Ratio 2000A lurhidit~
Indit'ator .WSOO
42300-00 Ratio 2000D 'Iilrhidill
Indicator . . -'00.00
See pa!(c-s 62-65 for spc-eification-
Sc-c- pa!(e liO for rc-cordc-rs
Circle 1166for more I"formatl,m.
. ('SEPA<ippron:LI n1t'~III' (he in,rru.
fllt'n( fllt't'h or t'XlTl·...b llt-,i~n anti
pt.:rforrnarh..T l'ritt'ri;1 J:'\ :'\pn.:ifkLl in
IIH'I 'nilnJ SUlt·:,\ FnvirorHl1tOnral Pro-
((Onion .-\":t"fKY .\klhod I~O 1
66
, .
Agenda Item No.:
AGENDA REQUEST
Da te : NOVEMBER 30. 1990
Request to be placed on:
Regular Agenda
Special Agenda
Workshop Agenda When: DECEMBER II, 1990
X CONSENT
Description of item (who, what, where, how much): RENTAL REHABILITATION
PROGRAM CONTRACT AWARD. MJD CONSTRUCTION COMPANY, RRP SHARE-$8.500: INVESTOR SHARE
$12,679.00.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: RECOMMEND APPROVAL WITH FUNDING FROM ACCOUNT it:
118-1975-554-34.81 (lNV~~~UK'~ ~HAK~) ~ 11~-1~/~-))4-bU.LJ (RRP SHARE)
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). ;
Department Head Signature: ~ µ~ -- --:::.)
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO !
Funding alternatives: (if applk~~ble)
Account No. &' DesJriPtion:~1~-S~ ·iéü-z~ +\ÒUStt{a KtHAB
Account Balance: '3 S5l\
City Manager Review:
Approved for agenda: ~/ NO ~/?
Hold Until: (/r'""'¡
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
~Administrative Services :!f~
FROM: Ted Glas, Purchasing Officer
DATE: December 3, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
DECEMBER 11, 1990 - BID AWARD - #90-89
RENTAL REHABILITATION PROGRAM
Item Before City Commission:
City Commission is requested to award contract to low
bidder, MJD Construction Services, for rental rehabilitation
project as stated below, at a cost of $21,179. Per the
Budget Officer, funding for the City's participation is from
\ \Q--l q1~- SS4. GD...21 H-OU.S I ~ ~.t\J\e ).
Background:
The Community Development Division handles and processes
their formal bids on rental rehabilitation projects.
Purchasing's review of Bid 1190-89 finds it to be in
compliance with City purchasing procedures.
Contract
Property Contractor Amount
215 NW 5th Ave MJD Construction $21,179.
(City's share 8,500.)
Recommendation:
Staff recommends award to low bidder, MJD Construction
Services, at a contract amount of $21,179. Funding as
outlined above.
Attachments:
Memorandum from Community Development
Bid Information Sheets
pc Lula Butler
i 3· &./
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, CD COORDINATOR íj ç
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMEN~
DATE: NOVEMBER 30, 1990
SUBJECT: RENTAL REHABILITATION PROGRAM/CONTRACT AWARD
In accordance with the City of Delray Beach Community Development
Division's approved Statement of Policies and Procedures, we are
hereby requesting City Commission approval of one Rental
Rehabilitation Deferred Loan. The program provides for the
rehabilitation of investor owned substandard units, located
within the CDBG Target Area. Contract awards are based on actual
cost of the rehabilitation to an eligible structure. Owners are
eligible for a dollar for dollar match of Rental Rehabilitation
Funds for total cost, not to exceed $8,500 per unit.
Community Development staff provided the detailed work write-ups,
cost estimates for work specifications, and bid process on all
eligible structures. Investors are required to escrow their
share of the cost with the City prior to the issuance of the
Notice to Proceed.
Inspection of work will be done by the City's Community
Improvement Department and the Community Development Division.
Contracts will be executed between the building contractor and
the property owner. The City remains the agent and this office
will monitor all work performed by the contractor and will ensure
compliance according to specification and program guidelines.
Pay requests will require both contractor's and owner's
signatures. Funds will be disbursed on a dollar for dollar basis
matching the owners share with the Rental Rehabilitation Funds.
The owners and properties have met the eligibility requirements
as specified in the Rental Rehabilitation Program description.
Detailed work write-ups and individual files are available for
review at the Community Development Office.
RR14
RENTAL REHABILITATION LOAN IS REQUESTED FOR THE FOLLOWING:
CONTRACTOR PROPERTY RR DEFERRED INVESTOR
ADDRESS LOAN SHARE
MJD CONSTRUCTION 215 NW 5TH AVE. $8,500 $12,679
RR14
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
RENTAL REHABILITATION
BID INFORMATION SHEET
BID #: 90-IDL
APPLICANT: ELIJAH WEATHERSPOON
APPLICATION #: 90-012RR
PROJECT ADDRESS: 215 NW 5TH AVENUE
DATE OF BID LETTERS: AUGUST 13, 1990
DATE OF BID OPENING: AUGUST 23, 1990
NAME OF CONTRACTORS AMOUNT OF BID
B & JR CONSTRUCTION $ NO BID
DARRYL L. COOK $ NO BID
FIRST CONSTRUCTION OF THE PALM BEACHES, INC. $ NO BID
HENRY L. HAYWOOD $ NO BID
MJD CONSTRUCTION SERVICES $21.179.00
TOMMY PRESTON $
ABISSET CORPORATION $ NO BID
CSB CONSTRUCTION, INC. $
T. H. Y. CONSTRUCTION INC. $
M. A. S. C. 0 . $ 26,a97.20
IN - HOUSE ESTIMATE: $ 23,352.00
CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICES
BID/CONTRACT AMOUNT: $ 21,179.00
COMMENTS: RENTAL REHAB SHARE: $a,500.00
INVESTOR SHARE: $12,679.00
-
BIDFORM/PG4
·
Agenda Item No. :
AGENDA REQUEST
Date: December 3, 1990
Request to be placed on:
X Regular Agenda
Special Agenda December 11, 1990
Workshop Agenda When:
Description of
funds and awardin of contract to im rove
communications system in t e amount 0
Fund (Proiect 33a501). VENDOR: Motorola
(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 City Manager recommend approval.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
~epartment Head Signature: ,Æ?"7It. ó'~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO (if applicable)
Funding alternatives:
fit Account No. & DesAthZio1ò 3=3B-ZIG -s~l.hJ-B~
Nþ _-A-eeéHlh~ Balance: 3.
City Manager Review:
Approved for agenda: t!Jj/ NO¿y¡/J.
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
RICHARD M. LINCOLN
Interim Chief of Police
MEMORANDUM
TO: David T. Harden, City Manager
FROM: William H. Cochrane, Major~
Support Bureau ~
THRU: Richard M. Lincoln, Interim Police Chief
DATE: December 3, 199Ø
SUBJECT: ~GE~~_B~QY~ªï=Y~~BAº~º_~I~ªïNIN~_~BQï~ÇïIQNL
EAºIQ_ªXªï~M
Pursuant to our meeting of November 28th, the attached agenda
request and requisition for upgrading the lightning protection
for the POlice/Fire radio system is presented for your formal
approval and that of the City Commission on December 11, 199Ø.
As mentioned, we have suffered two (2) lightning hits (either
direct or indirect) which caused considerable damage and was
received through the radio system tower.
I wholeheartedly recommend this improvement based on Motorola's
study, and feel the cost savings to be beneficial in reducing the
potential damage to the various computer components located
within the Police facility.
Your consideration is appreciated.
WHC/gb
Attachments
~,,- ..\..
~.~:-...;~~
\:t~¡~;¡1
; ~ ~IIIP!J ~.:
~.~
-"lit., ",,1_
-_...;0,,_-
. a.
AN INTERNATIONAllY ACCREDITED lAW ENFORCEMENT AGENCY î3'. ð'
NOVEMBER 13, 1990
DELRAY BEACH POLICE DEPARTMENT
300 WEST ATLANTIC AVE.
DELRAY BEACH, FLORIDA 33444
ATTN: MAJOR WILLIAM COCHRANE
CAPTAIN ALBERT MELIS
GENTLEMEN:
ATTACHED YOU WILL FIND A NARRATIVE OF OUR FINDINGS AS A RE-
SULT OF OUR RESEARCH INTO THE SERIES OF RECENT LIGHTNING
STRIKES TO THE PUBLIC SAFETY COMPLEX. ALSO ENCLOSED IS A
PRICE SUMMARY AND EQUIPMENT LIST DEPICTING MOTOROLA RECOM-
MENDATIONS TO BRING THE SPECIFIC ITEMS ASSOCIATED WITH THE
MOTOROLA RADIO COMMUNICATIONS SYSTEM UP TO THE MOTOROLA R-56
STANDARDS.
ALTHOUGH MOTOROLA HAS ESTABLISHED STRICT GUIDELINES <R-56
STANDARDS) FOR SYSTEM DESIGNS AND CONSTRUCTION, GUARANTEES
TO PREVENT DIRECT LIGHTNING HITS AND SUBSEQUENT DAMAGE THERE-
FROM, CANNOT BE GIVEN. YOU WILL, HOWEVER, SEE PROBLIMS OF
LIGHTNING DAMAGE REDUCED SIGNIFICANTLY FROM CURRENT EXPER-
IENCE.
ALL PRICES ARE FIRM FOR 90 DAYS. TERMS ARE NET 30 DAYS. WORK
CAN BEGIN WITHIN 30 DAYS, SUBJECT TO MATERIAL AVAILABILITY,
FROM RECEIPT OF YOUR PURCHASE ORDER.
THANK YOU FOR THIS OPPORTUNITY TO QUOTE MOTOROLA PRODUCTS AND
SERVICES TO ASSIST THE CITY OF DELRAY BEACH IN OBTAINING
THEIR COMMUNICATIONS NEEDS. I LOOK FORWARD TO SERVING YOU.
RESPECTFULLY SUBMITTED,
ir;;J~ ~
A ES D. CARLSON
DISTRICT MANAGER
MOTOROLA C&E, INC.
,
September 26, 1990
Memo to: Nick Stachurski
cc: Mark Moon James Carlson
From: James Allen
Subject: City of Delray Beach Pollee Department
As per your request on September 24, we conducted a site walk of
the City of Delray Beach Police Department to review the grounding
system that exists. As you stated the City has experienced numerus
lighting hits causing severe damage to the communications system and
other non associated equipment.
Attached is a summary of the current grounding system, or lack of
grounding noted during the site visit, and a quote to upgrade the ground
system to the Motorola R-56 Standards.
If you have any questions, please contact me via my digital pager
at (305) 779-4617.
Regards,
~C~
James E. Allen
Sr. Project Supervisor
Radio Equipment Room
All existing cabinets are grounded with a # 8 AWG Solid Copper wire.
These are all tied together in each row of equipment via 'a split bolt,
then a single # 8 is run over to a tie point on the cable tray. The # 8
wire is laid in the cable tray. The tie point on the cable tray is a 1/4 X
20 bolt in the cable tray that is connected to a # 2/0 AWG stranded
jacketed cable that runs up into the drop ceiling and is tied to the
emergency sprinklers water pipe, and no obvious tie to the tower
grounds.
Heliax Cables
The Helia.x cables that enter the room are not terminated in to the
polyphasers within three feet or the entrance. Each cable is terminated
at various points in the cable tray, the ground is connected via the # 8
wire in the cable tray. The cable entrance is unsealed, and no drip loop
was installed on the outside' entrance.
(8) 7/8" helia.x and (5) 1/2" heliax.
Electrical System
The electrical system has not been connected to the room ground. There
is a Burroughs Model 57-5321-609 Transient Surge Suppressor installed
on the main panel, however there are no connections to the room ground.
There are eighty three (83) conduits ranging in size from 1/2" to 4"
terminating in the back corner of the room, these are the wire pulls to
the dispatch center and other areas of the police compound.
Non ColDlDUl1Ìcations Equipment
On the east wall of the radio equipment room additional CATV and door
interlock equipment has been installed it is evident that this equipment
has too suffered from the lighting hits and should be bonded to the radio
ground system. CATV serviced by:
Leadership Cable
1595 S.W. 4th Avenue
Delray Beach, Florida 33444
(407) 272-2521
Tower
The tower has been Cadweld with braided wire to what appears to be
ground rods at the base of each leg. To of the three Cadwelds have
either a poor weld or have blown apart part of the weld area, and have
since rusted the tower leg. No information on what is in the ground
around the base is known. A security fence runs next to the tower legs,
this is not grounded. The fence fabric is green vinyL The self
supporting tower stands ten foot from the side of the building, the flat
side is against the building.
·
Dispatch Center
No grounds have been installed to either the equipment racks in the
equipment room of the dispatch operator positions. There is a # 4 AWG
stranded copper wire that enters the room just below the demark blocks.
The type 66 Punch Blocks with Spark Gaps have been connected to the # 4
wire via a # 8 Awg bare copper wire. All runs to the Ops positions are in
conduit, the dispatch center has standard flooring, not raised. The
installation of common grounds must be pulled through the existing
conduits. The Op positions do not have either star washers nor ground
jumpers installed between cabinets. Conduits from the radio equipment
room and other areas of the police building terminate in the equipment
room, these conduits have not been connected to the building ground.
Dispatch Center Electrical System
There are two Best UPS system and two service panels in the equipment
room. Neither the UPS~s nor the electrical panels have been connected to
the building ground in this room.
·
Motorola S autheastern Area Program Management
City of Delray Beach Police
_ ...............~~..~~.:..........~...........!.~~..~.~~}~~~.................. To~al ~st............
~g........ ..::..... . .....1;:::;:;:;:;:::::;:::;:;:::::::::::::::::::::::::::::;:::::::::::;:::;:::::;:;:;:;:::::::::::::~::::::::;:::::::::::::;:::::::::::::::::::::::::::::::;:::;:::;:;:;:::::;:::::::::::;::::::::::::::::::::::::~~::::::::;:::::;:::;:;:::1
Ground Cable Hanger 2107 40 $126.29
Ground Bar 3056 2 $233.54
210 Solid Copper 300 $1.0'11.43
210 WaD Hangers JV -45 30 $214.29
518" Ground Rods .6 $'12.43
Cad~^1eld Shots 20 $85. '11
InstaDation '1 $4.200.00
~~~i~{{~~~~~~~~~~~~~~)~~~~~~~~~~~~~~~~~~~~~~~~}~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~}~~}}}ttt}~~~~~~}}}~~~~~~\I}~~}~~~t~~$.~i"~~4.}~{ttt:::!
112" Superflex FSJ4-50B 100 $33'7.14
1.'2" N Connectors 44.A SW 14 $495.80
InstaDation 2 $1.200.00
bf.Qlihe~~~~lttttttt~I~l{tfff~~{tt~?II~tttttt~~tt~III~tf~~~II~~I~~?~tttt~I~tt~~~It~ff~tII(ªt~~~t~?~~~~~~~ft1
Mlcroflect Entry B 1118 2 $55'1.14
'718" Entry Boot 2046'79-2 16 $1.485.'71
112" Entry Boot (3) 2046'79- '1 4 $3'11.43
Installation 4 $2.400.00
_üfMQmiä.:ijät:;:::;:;:::;:;:::::::::::::::::;:::::::::::::;:;:::;:::;:::;:::::;;;:::::::::::::;::}::::::::;:::::::;:::;:;:;:::;:::;:;:::::::::;;;::::::::;::::::::::::::::;:::::::;:;:::;:;:;:::::::::::;:;:;~;:::::::::::;:::::;;:A
~. ~
:.~....::::::::::::::::::::::::::::::::::::;:;:::;:::::::;::;;:::::;:;:::;:;:::;:::::::::;:::::::;:::::::::;:::::;::::;::::::;;::::::::;:::::::::::::::;;:;:;;::::::;;;:;;:;::;::::;:::;:;:::::::::::::::;:::::;:::::::::;:;:::;:::::::::::::::::::::::::;::::::::::::::::··:::.L........::....::;::::::::::::::;:;:::
Page 1
Agenda Item No. :
AGENDA REQUEST
Date: 12/03/90
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: 12/11/90
Description of agenda item (who, what, where, how much): Purchase Award -
Fourteen (14) portable radios & accessories for inspectors
ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Motorola Communications & Electronics, Inc. at a
total cost of $11.599.14
4ÆJ ;;?~,.-;l ~~- ~~
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~/ NO (if applicable)
Funding alternatives:
Account No. & Description: Q>\·-Q.¡'21-Sr¡4-to .~ Q.. P, P I .,...... It J.--
Account Balance: \6¡41S:-,m E 'Pc) I pm ~ ¡úT
City Manager Review:
Approved for agenda: ~ NO ~
Hold Until: .
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer ~~
DATE: December 3, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
DECEMBER 11, 1990 - PURCHASE AWARD -
PORTABLE RADIOS FOR INSPECTORS
Item Before City Commission:
The City Commission is requested to approve purchase to
Motorola Communications & Electronics, Inc. for fourteen
(14) portable radios and accessories, at a total cost of
$11,59 .14. Per the BU8~ Officer, funding is from:
l-21...524.W ¡ IT . ) .
Background:
A requisition has been received from the Community
Improvement Department for fourteen (14) Motorola portable
radios.
Motorola HT600 high band FM portable radios are available
via GSA Contract #GSOOK90AGS0703. Antennas, chargers, and
vehicle adapters are available via Florida State Contract
11725- 520-89-1. (Unit pricing per attached documentation.)
Recommendation:
Staff recommends the purchase of fourteen (14) portable
radios and accessories be awarded to Motorola Communications
& Electronics, Inc. at a total cost of $11,599.14. Funding
as outlined above.
Attachments:
Documentation on pricing
pc Lula Butler
B'3.h
DECEMBER 3, 1990
CITY OF DELRAY BEACH
100 NW FIRST AVENUE
DELRAY BEACH, FLORIDA 33444
ATTN: MS. JANICE SLAZYK, BUYER
DEAR MS. SLAZYK:
FOLLOWING IS A CONFIRMATION OF REVISED PRICING AND SUMMARY OF
THE EQUIPMENT LIST PROVIDED BY OUR MR. DALE BOURQUE IN HIS
QUOTATION OF 12/1/1989. PLEASE NOTE THAT SINCE THE POWER
AMPLIFIER IS NOT TO BE PURCHASED, THE INSTALL COST REDUCES
TO $102.00 FROM THE $130.00 FIGURE QUOTED BY MR. BOURQUE.
!I~~ gIY º~~ÇB!~I!º~ º~!I ~B!Ç~
1 1 H43SVU7120_N, HT600, VHF PORTABLE $463.45 EA
RADIO, 2 CHANNELS, 5 WATTS, PRIVATE
LINE, RAPID CHARGE BATTERY, HELIFLEX
ANTENNA, 3" BELT CLIP.
2 1 HAD4008, UNITY GAIN ROOF MOUNT 16.90 EA
ABOVE PRICING FROM THE FEDERAL GSA
CONTRACT #GSOOK90AGS0703.
3 1 NTN4633, SINGLE UNIT DESKTOP RAPID 45.11 EA
CHARGER
4 1 NTN1048, MOBILE VEHICLE ADAPTER 201. 05 EA
WITH EXTERNAL SPEAKER. MOBILE MIC
AND MOUNTING HARDWARE.
5 1 INSTALL. PER EACH NTN1048. 102.00 EA
ABOVE PRICING FROM FLORIDA STATE
CONTRACT. #725-520-89-1.
ALL PRICES ARE FIRM FOR 90 DAYS. TERMS ARE NET 30 DAYS. SHIP-
MENT IS FOB DESTINATION. DELIVERY CAN BE MADE IN 3 WEEKS FROM
RECEIPT OF nRD&R AT OUR OFFICE. WE REQUEST THE
Rr:)~))j~~:2~
~MES D. CARLSON
DISTRICT MANAGER
MOTOROLA C&E. INC.
CiA. .." ,. OI/1·tr
I '..1...)4 j '-
@ MOTOROLA d
"HANDlE-TALKIE" FM RADIO PACKAGE
Section Page "HIGH AND UHF BANDS"
3.0 22
Date: 10-26-89 APC: AS NOTED
BASIC RADIO MODELS:
ALL MODELS Include a Hellflex antenna (high band models) or flexible whip antenna (UHF band models), a 3" belt clip, a dual charge nickel-
cadmium battery and a universal connector for remote speaker microphone capability. The radio unit has coded squelch capability accommo-
dating either PRIVATE-LINE andlor DIGITAL PRIVATE-LINE coding and Carrier Squelch In the same radio unit. Carrier Squelch only
operation can be provided by programming all channels "CSO".
ORDERING REQUIREMENTS:
1. Actual frequencies and squelch codes have to be shown on STIC-1 (Do not use jump or strap). Duplication of frequencies is
acceptable.
2. Blank receive frequencies are NOT allowed; unspecified frequencies will be programmed to the previous active channel.
3. If a blank transmitter channel is desired, write BLANK; otherwise unspecified frequencies will be programmed to the previous active
channel.
4. Transmitter operation only on any or all channels is not permitted.
5. Receiver operation only is permitted (no option required).Transmitter channel 1 must be supplied.
6. Radio is capable of 3 PL or DPL pairs, or a combination of PL and DPL as long as the total number of pairs is three or less. No more
than 1 DPL code may be used per channel, however, two different PL codes may be used on one channel.
7. Either the squelch code or 'CSO" must appear for each frequency listed on STIC 1. PL encode only Is aVailable by specifying CSO on
any or all receive frequencies.
136-150.8 MHz No. of HIGH BAND
146-162 MHz Fre s.
157-174 MHz T R 2.0 WATTS
2 2 H33SVU7120_N $613.
CS, PL or DPL
6 6 H33SVU7160_N $713. H43SVU7160_N $ 813.
403-433 MHz No. of UHF BAND (APC: 649)
438-470 MHz Freqs.
470-500 MHz*
488-520 MHz* T R 2.0 WATTS 4.0 WATTS
2 2 H34SVU7120_N $ 713. H44SVU7120_N $813.
CS, PL or DPL
6 6 H34SVU7160_N $ 813. H44SVU7160_N $913.
*2.0 WATTS NOT AVAILABLE FCC INFORMATION:
Authorized Emission .......................20KOF2D, 2OKOF3E
SUB-BANDS and CHANNEL SPACING REQUIREMENTS Applicable Parts of Rules
All Models .............................................. 15,22,74,80,90
SUB· BANDS: H34SVU, H44SVU Also ............................................ 95
Authorized Emission ...................... 20KOF2D, 2OKOF3E
High Band: 136-150.8, 146-162,157-174 MHz Applicable Parts of Rules
UHF Band: 438-470 MHz, 403-433 MHz, 470-500 MHz, 488-520 MHz All Models .............................................. 15,22,74,80,90
All transmit and receive frequencies must be In the same sub-band. H34SVU, H44SVU Also ............................................ 95
CHANNEL SPACING: Model Series Transmiter Power Type Acceptance
Total frequency separation with no degradation of specification Output Number
Transmit: 6.0 MHz for High Band /8.0 MHz for UHF Band H33SVU.....................2.0 Watts ................AZ489FT3699
Receive: 6.0 MHz for High Band /8.0 MHz for UHF Band H43SVU.....................5.0 Watts.................AZ489FT3700
H34SVU ....................2.0 Watts ................AZ489FT4700
H44SVU ....................4.0 Watts .................AZ489FT 4701
ALL UHF MODELS 420 MHz AND BELOW ON THIS PAGE REQUIRE AN EXPORT UCENSE TO BE EXPORTED FROM THE UNITED
STATES.
. t \, 11 \ II t ~ \ II... I" . -..., .. .
""'~. ~. ....., ..
~~\". ...'" s,..- ....
Dn':\RT\IC"T Of GI:~EIUL SER\ICES S(~.I·..~ O. ....,
~.
'-X! -!!I/o." ROBER· .. 8\";·"!r.,,oq~..
'~l~ : ~:. l..>\K:-O:\ IlllU}I'(;. ;:1111 [. G...I'L' H. ......·0....... wl__'...
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BILL C;UIIIT[1t
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'~. j~" C.O......'IIO...r. 0' AG..(C...\.'t".C~-r
t.,;,': "ØH"'LD w THOMAS BeTTY CA.'TOIt
;~~;~ &UC"TI"C D'..ICTO. Co...."aao..l. 0' EDUCATION
~;¿, Room 613
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CERT!F!CATION OF CO~TR~CT
.
TITLE:: Radios. Two-Way Portable/ CONTRACT NO. : 7'5-520-89-1
Pc::sonal
EID NO.: 393-72S-S20-¡;' EFFECT!VE: December 28, 1988
throuçh December 27. -=~9- 1990
\Revised 11-9-89)
CONTRACTORS: King Raèio Corp. (h) SUPERSEDES: 725-520-88-1
Motorola C & E, Inc. (A) ,
.
A.. AUTH0RI7v - Upon a~~irma~ive act~on take~ by the State o!
Florida Depar~ent of General Services on November 22, 1988, a
. contract has been executed between the State of Floridç and the
åesignated contrac~ors. .
.
B. EFFECT - Th~s contract was entered into to provièe economies in
the þurchase of Raèios, Two-Way Portable/Personal by all State o~
Florida aQencies and institutions. Therefore. in compliance with
Sec~ion 287.0(2, Flor~da Statutes, all purchases o~ these
commoè1~ies shall be made under the ter~s, prices, a~d conèi ~io:~s
of this contract ~nd with the suppliers speci~ieè.
C. ORD£RING !N~~RUCTIONS - All purchase oråers shall be issued in
accorå~~ce with the attach~d oràering instructions. Purchaser
shall order at the prices indicated. exclusive o! all federal. '.
state anà local taxes. ,.~
. .p......
All con~rac~ purchase orders shall show the Division o!
Purche~ing con~ract number. product number, quantit.y, descrip-
tion of item, with unit prices extenåed anà purchase oråer -'t.
.E
totaleè. (This requirement may be waived when purchase is mad£ by
a blanKet purchase order.) Upon issuance, one copy of each
purchase order shall be forwaråed to this o!~ice, as provided in
the Division of Purchasing Rule 13h-1. 006, F'lorida hd.'T.':'nistr~":.ive
Code.
)
. .
DI\'1510N5
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- FIXED PERCEm'
DE.:SCRIPrICN L IS'l' PR ICE D ISa:xJNl'
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1\90' Clarge within 3 bours, No t:.i:.er 103.00 56.2
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.~ Specify . of O1U9i~ Pockets 6 _ _ 6.U.o~ _ _ 5.~ " _ _ 2~..5D
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100\ charçe \oIit..,in 16 hours, No ti:ne!
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lOOt c.':arge \oIi t.'ún 8 hcc:s, ðudio output - .
5 \oIat:s mini.-:u:n at less t.'an 10\ distortion. - ----- ------ ----~
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VEXXJR NAME: M:~T,)RO:.A CI.~. II:~· iI ~tê
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ACDRESS : iN.L~IIoS~~E. rL 31J':\
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CITY ATTORNEY'S OFFICE TEL t·~o. 407 278 4755 Dee Clf¡ ,91J 11 :Iß F' . CI2
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CITY ATTORNEY'S OFFICE 310 S.E, ist STREET. SUi'll:; 4. UHKAY BLACH, FLORIDA 33483
407/243-7090 . TH,!':COP.IER 407!2n5-475S
MEMORANDUM
Date: December 6, 1990
To: Ci ty Conunissi.on
From: Jeffrey s. Kurtz, City Attorney
Subject: Rezoning of proPQsed Central, Fire Station proFe~tx
It is our office's recommendation and one in which outside
counsel who is handling the eminent domain action concurs in,
that Ordinance No. 31-90 be continued until such time as the
City has acquired the entire site. The reason for this recom-
mendation is twofold because of the change in the amOl:' f.t of
property to be acquired, there will have to be another first
reading on the ordinance and a re-notice of the second reading
as 'well; and. more importantly, the rezoning of the property at
this point in time prior to our acquisition would simply muddy
the waters. Although the law is clear that the value of the
property cannot be affected by a rezoning such is contemplated
in this case, it will raise an issue before the courts that
would be explored by opposing counsel. When one is conducting
an eminent domain action and has to pay counsel fees for not
only the City, but also all the affected property owners, there
is no sense in flagging an issue that those opposing counsel
would say had to be researched and had to be explored.
Therefore, it 1s our office's sU9gestlon that this ma.tter' be
tabled until such time as the cl ty has acquired this site at
which point in time there would be no necessity to 9° back
through the planning an<1 zoning process that would be appro-
priate to go back to first reading of the ordinance with only
the revised site being rezoned.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK~jst+
cc: David Ha.rden, City Manager
I
ORDINANCE NO. 31-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED
GC ( GENERAL COMMERCIAL) DISTRICT, IN PART, AND R-1A
(SINGLE FAMILY DWELLING) DISTRICT, IN PART, IN CF
(COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A
PORTION OF BLOCK 20, TOWN OF DELRAY, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND
BEING LOCATED ON THE NORTH SIDE OF ATLANTIC AVENUE,
BETWEEN NORTHWEST 5TH AVENUE AND NORTHWEST 6TH AVENUE;
AND AMENDING "ZONING MAP OF DEL RAY BEACH, FLORIDA, 1983" ;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has been determined, through the Comprehensive Plan
of the City of Delray Beach. Florida, that there is a demonstrated need
for the relocation of Fire Facilities; and,
WHEREAS, in recognition of this need, at the meeting of June
26, 1990, the City Commission of the City of Delray Beach, Florida,
initiated the rezoning of property previously identified as suitable for
said relocation of Fire Facilities; and,
WHEREAS, at the meeting held July 16, 1990, the Planning and
Zoning Board, as Local Planning Agency, held a Pub li c Hearing with
regard to the proposed rezoning and subsequently, by motion, recommended
to the City Commission that the rezoning request be approved, based upon
findings of compliance with the Standards for Evaluation of Rezoning
Requests and upon a finding of consistency and concurrency with the
Comprehensive Plan; and,
WHEREAS, pursuant to City ordinances, the matter has been
presented to the City Commission,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned- and placed in the CF
(Community Facilities) District as defined in Chapter 173 of the Code of
Ordinances of the City of Delray Beach, Florida, to-wit:
The South 155 feet of the North 509.2 feet of the East
135 feet of Block 20, TOWN OF DELRAY; together with,
The North 35 feet of the South 95 feet of the East 135
I feet of Block 20, TOWN OF DEL RAY; together with,
The North 40 feet of the South 60 feet of the East 137.2
feet of Block 20, TOWN OF DELRAY; together with,
The East 50 feet of the West 135 feet of the North 115
feet of the South 135 feet of Block 20, TOWN OF DELRAY;
together with,
The West 85 feet of the North 115 feet of the South 135
feet of Block 20, TOWN OF DELRAY; together with,
,
·
The East 15 feet of the West 150 feet of the North 115
feet of the South 135 feet of Block 20, TOWN OF DELRAY;
together with,
The North 50 feet of the South 300 feet of the East 135
feet of Block 20, TOWN OF DELRAY ¡ together with,
The South 25 feet of the North 250 feet of the East 135
feet of Block 20, TOWN OF DELRAY¡ together with,
The South 50 feet of the North 300 feet of the East 135
feet of Block 20, TOWN OF DELRAY ¡ together with,
The South 38 feet of the North 338 feet of the West 135
feet of Block 20, TOWN OF DELRAY ¡ together with,
The South 50 feet of the North 300 feet of the West 135
feet of Block 20, TOWN OF DELRAY¡ together with,
The South 50 feet of the North 250 feet of the West 135
feet of Block 20, TOWN OF DELRAY ¡ together with,
The South 50 feet of the North 388 feet of the We st 135
feet of Block 20, TOWN OF DELRAY ¡ together with.
The North 75 feet of the South 210 feet of the West 135
feet of Block 20, TOWN OF DELRAY; together with,
The South 75 feet of the North 225 feet of the East 135
feet of Block 20, TOWN OF DELRAY.
The subject property is located on the north side of
Atlantic Avenue, between Northwest 5th Avenue and
Northwest 6th Avenue.
The above described parcels contain a 2.5 acre parcel of
land, more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning Map of Delray
Beach, Florida, to conform with the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become e ffecti ve
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the ____ day of , 1990.
MAY 0 R
ATTEST:
City Clerk
First Reading July 24, 1990
Second Reading
-2- Ord. No.3l-90
[IT' DF DELRA' BEA[H
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
FAX COVER SHEET
CITY OF DELRAY BEACH
FAX NUMBER: 407-243-3774
TO: NAME: 0""1,1 ~
COMPANY:
CITY: D; j ,Lð-LJ Lie
FROM: SENDER'S NAME: ~ (l ~_
TOTAL PAGES (INCLUDI G COVER SHEET):
DATE SENT: /;jd7/90
,
SENDER'S PHONE NUMBER:
IF YOU DO NOT RECEIVE ALL THE PAGES SENT, PLEASE
CALL SENDER AS SOON AS POSSIBLE. THANK YOU.
THE EFFORT ALWAYS MATTERS
EITY DF DELRRY HEREM
iü(] V'J. 1.c:t AVe LIE DELRA Y BEACH, FLORIDA 33444 305/278-2841
MEMORANDUM
TO: Jeff Kurtz, city Attorney ~
FROM: Alison MacGregor Harty, City Clerk
SUBJECT: Ordinance No. 31-90 (Fire Station #1 Rezoning)
DATE: November 27, 1990
Attached is a copy of Ordinance No. 31-90 relative to the rezoning
of property to accommodate Fire Station #1. First reading was
held on July 24, 1990.
As a result of this morning's agenda meeting, the ordinance is to
be scheduled for Public Hearing and second reading at the December
11th Commission meeting. In order to advertise in sufficient time,
I need you to review the caption and make any necessary changes as
a result of the new legal description. We plan to run all of the
ads for the 11th on Friday, November 30th, so it will be appreciated
if you inform me of the changes by Wednesday afternoon, November
28, 1990.
Thanks for your assistance.
AMH/m
Attachment
.~}
I
ORDINANCE NO. 31-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED
I GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND R-IA
'. . (SINGLE FAMILY DWELLING) DISTRICT, IN PART, IN CF
(COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A
PORTION OF BLOCK 20, TOWN OF DELRAY, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE
. PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND
BEING LOCATED ON THE NORTH SIDE OF ATLANTIC AVENUE,
BETWEEN NORTHWEST 5TH AVENUE AND NORTHWEST 6TH AVENUE;
AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" ;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has been determined, through the Comprehensive Plan
of the City of Delray Beach, Florida, that there is a demonstrated need
i for the relocation of Fire Facilities; and,
1,
¡ I
WHEREAS, in recognition of this need, at the meeting of June
J 26, 1990, the City Commission of the City of Delray Beach, Florida,
! initiated the rezoning of property previously identified as suitable for
< said relocation of Fire Facilities; and,
WHEREAS, at the meeting held July 16, 1990, the Planning and
~ t zoning Board, as Local Planning Agency, held a Pub li c Hearing with
regard to the proposed rezoning and subsequently, by motion, recommended
to the City Commission that the rezoning request be approved, based upon
I, findings of compliance with the Standards for Evaluation of Rezoning
Requests and upon a finding of consistency and concurrency with the
~ Comprehensive Plan; and,
WHEREAS, pursuant to City ordinance s, the matter has been
htr presented to the City Commission,
~' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
. :.... CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the CF
, (Community Facilities) District as defined in Chapter 173 of the Code of
Ordinances of the City of Delray Beach, Florida, to-wit:
The South 155 feet of the North 509.2 feet of the East
135 feet of Block 20, TOWN OF DELRAY; together with,
The North 35 feet of the South 95 feet of the East 135
feet of Block 20, TOWN OF DELRAY; together with,
The North 40 feet of the South 60 feet of the East 137.2
feet of Block 20, TOWN OF DELRAY; together with.
The East 50 feet of the West 135 feet of the North 115
feet of the South 135 feet of Block 20, TOWN OF DELRAY;
together with,
The West 85 feet of the North 115 feet of the South 135
I feet of Block 20, TOWN OF DELRAY; together with,
¡ I
.
.;¡
The East 15 feet of the West 150 feet of the North 115
feet of the South 135 feet of Block 20, TOWN OF DELRAY;
together with.
The North 50 feet of the South 300 feet of the East 135
feet of Block 20, TOWN OF DELRAY; together with,
'. .
The South 25 feet of the North 250 feet of the East 135
feet of Block 20, TOVm OF DELRAY; together with,
.
The South 50 feet of the North 300 feet of the East 135
feet of Block 20, TOWN OF DELRAY; together with,
The South 38 feet of the North 338 feet of the West 135
feet of Block 20, TOWN OF DELRAY; together with,
The South 50 feet of the North 300 feet of the West 135
feet of Block 20, TOWN OF DEL RAY ; together with,
j
i The South 50 feet of the North 250 feet of the West 135
feet of Block 20, TOWN OF DELRAY; together with,
¡ The South 50 feet of the North 388 feet of the We st 135
! feet of Block 20, TOWN OF DELRAY; together with,
The North 75 feet of the South 210 feet of the We st 135
~ J feet of Block 20, TOWN OF DELRAY; together with,
The South 75 feet of the North 225 feet of the East 135
feet of Block 20, TOWN OF DELRAY.
The subject property is located on the north side of
t'I;. Atlantic Avenue, between Northwest 5th Avenue and
Northwest 6th Avenue.
~ ~
. , The above described parcels contain a 2.5 acre parcel of
~ land, more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning Map of Delray
Be ach , Florida, to conform with the provisions of Section 1 hereof.
. Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the ____ day of , 1990.
MAY 0 R
ATTEST:
City Clerk
First Reading July 24, 1990
Second Reading
-2- Ord. No. 31-90
I,
II
· ,.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #<JjB- MEETING OF DECEMBER 11, 1990
CODE ENFORCEMENT COUNTY COURT CITATIONS
DATE: DECEMBER 7, 1990
The item before the Commission is consideration and approval of the City's
participation in the County Court Citation (Notices to Appear) process for Code
Enforcement activities. Policy direction to staff is also requested.
Background information is provided in the accompanying backup, as is a copy of
Ordinance #81-89 which adopts the state procedure and statute pertaining to
County Court Citations (see Section 11), and a copy of the final approved
citation form as adopted by Palm Beach County.
The Director of Community Improvement has identified several aspects of the
program which require direction on the part of the City Commission. For
informational and directional purposes, some of the points raised are as
follows:
(1) Requirement for a "reasonable time period" for a violator to correct the
violation prior to issuance of the citation, except in cases where a
violation represents a serious threat to public health, safety or welfare
or where a violation may be irreparable or irreversible. In many
instances, therefore, a citation will not be issued "on the spot".
(2) If the uniform citations are to be utilized by City agencies other than
Code Enforcement, such agencies will need to be properly educated as to the
use of appropriate and applicable code provisions.
(3) Direction as to the type of violations for which County Court citations are
to be utilized.
(4) The fine information set forth on the uniform code citation form will have
to be revised to be compatible with City of Delray Beach ordinance
requirements. Input from the City Attorney has been requested in this
regard.
(5) Procedure for numerical control of the citations by utilizing the first two
digits of property control numbers (1. e. , .!l) assigned to incorporated
properties in the City.
(6) Procedure to occur if a person willfully refuses to sign and accept a
citation; that is, the Police will be summoned and that person will be
charged with a misdemeanor of the second degree.
Each of the above points is elaborated upon the accompanying backup information.
Recommend approval of the implementation of the County Court Citation process
for Code Enforcement activities, direct staff on the type of activities that
would be utilized under this program and approve the use of the County form.
·
\ Agenda Item No.:
AGENDA REQUEST
Date: 12/5/90
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 12/11/90
Description of agenda item (who, what, where, how much):
Approval of County Court Citation Process for Code Enforcement
ORDINANCE/ RESOLUTION REQUIRED: ®NO Draft Attached: YE(3)
Recommendation: Approval
Department Head Signature: ~ p.-#--- -
Determination of Consistency with Coaprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~ NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT 'Iß
SUBJECT: CODE ENFORCEMENT COUNTY COURT CITATIONS
CITY COMMISSION REVIEW AND APPROVAL
- -
DATE: DECEMBER 5, 1990
ITEM BEFORE THE COMMISSION-
- -
Consideration and approval of the City of De1ray Beach's participation
in the County Court Citation (Notice s to Appear) process for Code
Enforcement activities. The Commission is requested to provide policy
direction to staff.
BACKGROUND-
Prior to implementing the County Court Citation process, the
Commission, Administration and City Attorney should review the
attached materials. This final review will facilitate making changes
in the citation process or citation form before the Code Enforcement
Division has the appropriate citation forms printed and prior to the
Code Enforcement Division implementing the procedure. Attached to
this memo are the following documents:
1. Ord. 81-89 which adopts the State procedure and statute
pertaining to County Court Citations. The process details
commence in Section 11, Page 5 and terminate on Page 7.
2. The final, approved form for the County Court Citation. The
attached form was approved by the Chief Judge and said form
has been adopted by Palm Beach County and is currently being
printed for County Code Enforcement usage.
AREAS OF CONCERN-
Below are some important aspects of the County Court Citation process
as well as some questions on which City Commission, City
Administration and City Attorney input would be appreciated:
1. The procedure for issuance of a County Court Citation
requires a "reasonable time period" for the violator to
correct the violation prior to issuance of the citation.
There are instances where a violation may represent a
serious threat to the public health, safety or welfare or
where a violation may be irreparable or irreversible -- and
in such cases, a reasonable time to correct is not
necessary. Therefore, in most instances, a citation will
not be issued "on the spot."
2. Completion of the citation form requires that the
appropriate code section be listed. If other City agencies
other than Code Enforcement will be utilizing the County
Court Citations, those agencies will need to become familiar
with the Code of Ordinances, Land Development Regulations
and Zoning District maps, at a minimum.
The City Commission and City Administration should designate
the City Departments/Divisions that will be utilizing the
County Court Citations. Code Enforcement can provide some
initial training on usage of City Ordinance, Land
Development Regulations and zoning maps.
3. The City Commission and City Administration should provide
direction on the types of violations for which County Court
Citations will be utilized.
Code Enforcement had intended to utilize the County Court
Citations for the more serious violations or for violations
which are disrupting neighborhoods or generating repeat
citizen complaints. The citations would not be utilized for
nuisance abatements, abandoned vehicles (unless repetitive)
or landscape violations (examples only) .
4. Relative to the attached uniform code citation form, fine
information will have to be revised to be compatible with
Ci ty of Delray Beach Ordinance requirements. (The Ci ty of
Delray Beach does not have fine classifications but rather
differentiates fine amounts by initial and repeat violations
and amounts not remitted within 10 days).
It would be appreciated if the City Attorney's office could
review the attached form and advise of any required changes.
5. Citations will be numerically controlled and the first two
digits of each citation number utilized by Delray Beach will
be ~ to correspond to the first two digits of all property
identification numbers assigned to incorporated properties
in Delray Beach.
6. If a person willfully refuses to sign and accept a citation,
the Police will be summoned and that person will be charged
with a misdemeanor of the second degree. There should be no
misunderstanding as to this procedure.
RECOMMENDATION-
Staff recommends that the City Commission approve the implementation
of the County Court Citation process for Code Enforcement activities,
direct staff on the type of activities that would be utilized under
this program and approve the use of the County form.
Attachments
d8/1211.CC
2
,
j""':,T~I\tT~~ ~r;, 8'.-89
.ï>.;¡ ·:~:':~ij:.J;:E , - -::-::: '::':Y ~:-':1::: 3::0N ')F '!'HE C:IT":t JF
DELPAY ~EA~'T~; :~,C~:~~/ ~KENDING TITLE III, "~~IN!S-
~~A":I,)N" ....:1 ~ 1:'~'SF. "', ., !''')~:,'1.~''T B~A(,H CO')'!:: ENFCRCE-
:rl~~;7'~ , --~ " ,< D;:' ~~::·:N;\l::S.s OF :':-JE CITY OF
' . .,-
:'~~Iij). -! "3'S;"CR 1:"'? ,"-r::~'!"'I"" 1:3....1' ~.~~'E~rs:NG SR:'TION 37.02, -
~ _.;.J. -'rl,
E..."1FORCEMEN'!' t"')~ :::R~A "';:~1 ':'''::DES \'~()RI ZED TO PROVIDE
TH_~T THE .-.....,'!""\'::' :s..'iF:::CE.."1ENT BCA.~ 3:-L\LL HAVE CON;::·JR-
RE~rr' ,JT]~1 S~T. :~:'~~1 ,......._- "~Þ.S'!S ::~"~::;"ED IN V!OLJ-TIONS
) ~....-'
OF »N '\. >.¡1) ~"'T NON -r::R:!I!!NAL erI"{ CODES BY AMENDING I
.......
Sr:CT::C'H 17 ,,~ II :'EF:~i::'I OtiS" , TO PROVIDE FOR THE
JJ,
::-<::FTN:TT-:·N ~t;' ~EPEA':" '1;;: O!.A 7::JN' , BY REPEALING !'HE
DEFIN~TION OF "~H)'T'IF!(,~T10N OR \~!"-"!'EN NO'!'IFICA'I'ION"
AND EN;;CTING A DEFINITION OF "NOTICE NOTIFICATION OR
WR T 'ITEN ~lOTTFT:ATTON" . 3Y ;'MF.NDING SUBSECTION
37.39! 1) ( 3' TO CLARIFY THAT EVIDENCE MAY BE SUBPOE-
NAED TO BO.\RD HEARINGS BY EN.\CTING A NEW SECTION
17.41(B~ TO P~OVIDE FOF RECORDATION OF CODE ENFORCE-
MENT BOÞ-RD ORDERS IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY; BY REPEALING SECTION 37.42. "FINES FOR
NON-COMPLIANCE WITIi BOÞ.RD ORDERS", BY ENACTING A NEW
SECTION 37.42, "FINES FOR NON-COMPLI1\NCE WITH BOARD
ORDERS" , TO PROVIDE FINES FOR VI0!..~TORS AND REPEAT
VIOLATORS, BST~LISHI#Eln' ,)F L:rnS, AND F0RECLOSURE
OF' LIENS, BY Þ.MENDING SECTION 1"7.41, "DURATION OF
LIENS", PROVIDING TIL\T CCDE ENFORC~~ BO.~ LIENS
Sr.t;'.LL BY:: VIABLE FOR 20 YEARS A..."lD PRO'T!DING FOR THE
RECOVERY OF COS'r AND !!>.TIORNEY'S FEES 'JPON FORECLO-
S'JRE, B·! ENACT!NG A tŒW SECTION 37. 4S, "SUPPLEMENTAL
CODE ENFORCEi"'ŒN't' PROCEDURES" TO PROVIDE FOR SUPPLE-
MENTAL CODE F.NFORCEMENT THROUaH THE CREATION OF
CIVIL INFRACTION CITATIONS W:TH JTJ!U SD I CTI ON FOR
F'..NFORCEMEN'I' :N 'mE COUN'!'Y COTJRTS, ESTABLISHING
PROCEDURES ~ PENALTIES THEREFOR: PROVIDING A
SAVING CL.~USE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN F.FFEC~1VE DATE.
NOW. THEREFORE, BE 1T ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DE~~Y B~~CH, F:'ORIDA, AS FOLLOWS:
Section 1. "rhat Ti. tle IIT, "Administration". Cr,apter 17,
"Delray Beach Code Enforcement", of t~e Code Ordinances :>f the City of
Delray Beach. Florida, be and same is hereby amended by ~~endin9 Section
37.02 of the Code of Ol'dinances of the City of D~lray Beach, Florida to
read 1\S follows:
The Cede Enforcement Board shall, as described in 37.01 above,
nave concurrent jurisdicti~n to hear and decide cases involv-
ing alleged violations which are not criminal in nature where
a pending or repeat~d violation o:e"~l::i11eS -~e -exi:s~, ~f the
f..,~~ewb'\~ cLty codes. as they ~ow exist or they may be amended
by ordinance fro~ ~ime ~o ~ime, has bep.n committed.
tAt--ena~~e?-S%-Sa?~a~e-~:ià-:pa3n~
tBr--S~~~~..,~~-;~~6;-~"~~11~~-;~~~e-Wa~e~~
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+~~--e-aþ~~~-~~-Ft~~-P~eveft~ie~7-P~rewerks~
+Bt--ehðþ~er-9~-Heai~h-aftd-Sa£etY7
+Ft--e~a~~~r-~A9-N~t~aftee3~
t6+--e~~~~e~-iQ~-5~~~~~s-~ftè-S~dew~%ks7
f-~H- -e~al"~el' - H9·-e~~1:i~at~~ftal-b±eeftseS-eeftera%%Y7
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ta+--~~~~e-~v-+e~a~~~r~-l59-~hr~1:i~~-%65t-B1:i~%d~ft~-Re~%a~~eftS7
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tNt- -endþ~~1'-%:t4 -H±s~òd:e-·?rese!'vat.i:~ft7
Section 2. That Title 111, "Admini.stration" . Chapter 37.
"Delray Beach Code Enforcement", Sect i::m 37 .01, "Definitions", of the
i Code of Ordinances of the City of Delray Beach, Florida. be and the same
is hereby amended by enacting a new definition, "Repeat Violation". to
read as follows:
....
, "Repeat Violation" A violation of the provision of any code or
ordinance by a person whom the Code Enforcement Board has
previously found to have violated the same provision within
five ( 5) years prior to the violation.
Section 3. That Title III, "A,jministration" . Chapter 37,
"Delray Beach Code Enforcement". Section 37.03, "Definitions", of the
Code of Ordinance,:; of the ci c.y of Delray Beach, Florida, by repealing
the definition of "Notification or Wt'itten Notification.
Sect ;.0:"1 L 'T'hat. Title In, "Administration", Chapter 37,
"Delray Beach Code Enforcement", Se.:tion 37.03, of the Code of Ordi-
nances of the City of De IT;:¡ 1 Beach, ~lorida be and the same is hereby
amended by ~nacting the definirion of, "Notice " "Notification" or
,
"Written Notificdti':.>n" tQ r~ad as f~:l~ws:
N0tice "Notification" or Written Notification
1 Natir:e 5':'1 all be provided the 3l1eged 'Iiolator by cert if ied
. mail, lèturn re.::e':"pt (eq'..1e.;;ted; by hand delivery, by the
She ri ff :)1" 0ther La'.... Enforcement Officer, Code Inspector or
J other person designated by the local governing body; by
leaving notice in the vÜ..l.:itors usual place of residence with
any person 'residing therein who is above the age of fifteen
(15) years of age and informing such person of the contents of
a notice úr at the ;)ption of the Code Enforcement Boarè by
publication put'suant to Florida Statutes 162.12(7.).
1 2
:Æ:J. NO. 81-89
1
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C-;p-.:-:":io:: 5, "r'h;;,~~: rl ~ III: "~.dministra~ion", Chapter 3:,
":-elray Beach Code Enforcement.", ç¡f the Code of Ordinances ;)f the City
ot Delray Beach, F18rida, be and the ~~~e is hereby amended by amending
Section 17.16(B}. :)f "Intention of EnforceIt\ent Procedures" to read as
follows:
:n.16 TT"Tent ion .-)f Enforcement Procedures.
tB) Except ~s provided in ~~v~s~eft paragraph (C) and (E). if
a "ielation of the codes described in Sectiç¡n 37.02 is
round, the Code Enforcement Officer shall not.ify the
violator and give him a reasonable time to correct the
I violation. Should the violation continue beyond the. time
speci f ied for correction. the Code Enforcement Off i~er
shall notify the Code Enforcement Board and request a
hearing. The Board, through its clerical staff, shall
scr-edule a hearing, and written notice of such hearing
shall be hand-(\elivered or mailed as provided by this
~hapter to the violator. If the violation is ~orrected
and to.en reC\lrS, the case shall be presented to the Board
e""'''' if the v10lar.ion has been corrected prior to the
Board hearing, and the notice shall so state.
Section 6. That Tir.le 111. "Administration", Chapter 37,
"Delray Beach Code Enforcement". Section 37.36, "Initiation of Enforce-
ment Procedures" of che Code of Ordinances of the City of Delray Beach,
be and the same is hereby amended by enacting a new subsection 37.36(El
to read as follows:
.. (E) If a repeat violation is fO'.lnd. the Code Enforcement
Officer shall notify t.he violator but is not required to
give the violator a reasonable time to correct the
violation. The Code Enforcement Officer, upon notifying
the violator of a repeat violation, shall notify the Code
Enforcement Board and request a hearing. The Cede
Enforcement Board, through its clerical staff shall
schedule a hearing and £nall provide written notification
to the violator. The case may be presented to the Code
Enforcement Board even if a repeat violation has been
corrected prior to t.he Board' s hearing and thp. notice
shall so indicate.
Section 7. That Title II':. "Administration". Chapter 17.
"Delray Beach Code Enforcement", Section 37.39. "Conflict ~f Interest";
Hearing Procedures. of the Code of Ordinances of the City of Delray
Beach, Florida. b~ ~nd the same is hereby amended by amending subsection
)7.39(I}(3) to read as follows:
( "'\ ) S11bpoena evidence to its hearings.
Sect. ion 8. Th"t Tit.Ie III, "Administration", Chapter 37,
"Delray Beach Code Enforcement", Section 37.41, "Decisions and Enforce-
ment Orders". of the Code of Ordinances of the City of Delray Beach,
Florida be and the same ~s hereby amended by enacting a new subsection
37.41(F) to read as follows:
F. Certified copy ~f a Code Enforcement Board ord~ shall be
recorded in t.he Public Records of the County order and
shall constitute notice to any subsequent purchasers,
)
ORD. NO. 81-89
I
\ f)
:; ~ :::~5::.?rc:. 3:--:' ipt-.~!.~~~t"_S ').r ,13Signs ~_ f the vi():3.tic'r'~
:~rça~~~~ re~' p~~?~r~y ~nd ~he findings therein shall be
'::;:ii.:;,,; -,,,:.::,,, '::. -" ·/.:'::,:',at:>r and if the violation CC:1cerns
.( .~ 1l t ':.p", r t".y I 'i~y subseçpJ.ent purchasers, successors. and
i. ":~°r.~:3""S ?'(' 3.$si.gns. If an order is recorded in the
. -- ___ ?~c.:':::';;; ...,. ?.i:"~ B~ach CC'.ln~Y pursuant to this
-. ....",~ ~,- ir.:; ,;- j -~'(O ~,~1cr ~.!'; c0mplied wi..th by the date
spe:: ~ ~ '.s·:: "':-.e Q¡::-;!: th~ >:ode Enforc~ment B03.rd s':1.all
.;. ~ ~ì..H~ ~ :', .', -...,.~ - 2l.-:k:~of".;1;~·;i!'1g compliance that shall be
',-:;o::'ie:i ~n t.h·" -:;·.01.:'~ 'c:::·rds. A hearing for the Code
F:!'::"~~e!"'ent BC3.rd '..'; r,").... req-.Üred to issue a Boar'Ì order
a.:knc-wled;1':'n:;¡ ::::)m'pJ.~.;w::e.
:::~,t :~)!'l 9. 'I"'è1\ \'~ \-.l~~ 1":1 I "Ãd.¡ninistr"tion", Chapter '37 I
"Delr",-y B"?ach-::;d.~ F..r\fot:~ernen"" :;": the Cede ')f Ordinances :¡f the City of
Delray Beach be "I:',~l\¿ed by .!:'ep~:i:'ing Se::ti-:>n 37.42, "Fine3 fo.!:'
Non-Compliance with Ordp-rs".
Sec~i:~ 10. ':'1'1 at ~itle 1:1; "Ad..'T1inistration", Chapter 37,
"Delraj' Beach :'.:'<1<: Enf:,r::emer:t" of tne :::,de of ùrdinances of t;,e City of
DelrAY Be~ch be and the ~~'T1~ is ~ended by ~nacting a new Section 37.42,
"Fines for Non-Compliance ·with Or1ers" to read as follows:
(A) Tho; :·:::-d,;: Enfürce.'I\cnt B~ard, ·.l1.=en notification by Code Enforce-
ment Bo~rd O':fi.·:er that an ·')rder of t.ne Board has not been
complied Nith by the set time or, upon finding that a repeat
violation has been cornmìt~ed may order the violator to pay a
fi.ne in an ;¡mount specified in this section for each day the
violation ~ontinues past the date set by the Enforcement Board
f0.!:'::,ornpliance or in the case of a repeat violation, for each
da.te i'J. repeat '!:'olation r;o~tinues past the date of notice to
the violator of the repeat vi~lation. After the finding of a
'liC'lation :>r Iepea': violation has been !!lade as provided in
t-his part, il 1'1e:1ring snaIl not. be necess.J,ry ff'jr the issuance
for the order imposing the ~ine. A fine imposed pursuant to
this 3e-:ti-:.Jn shall net ,õx::eed $25() per day fer the first
v~C'1.;:;,"'i')n ·3.:1d sh:Ü 1. not szc:~ed $500 per day for a repeat
':\")l~tion .
( B) A ce;·tlf lcd ';c'f-Y ::;; i!.:::>rdc.!:' lmpo.3ing a f i:le i!\ay be rec:Jrded
in the publi~ re:;or1s and thereafter shall con3titute a lien
~]ai"st t':ì~ ?t'''):?~r.t-y :.lpO:1 ··::Ür.':ì t:-:~ ,'i.,lation ~xists 'ind 'lPQ.'"!
any ·;)th~r .!:'eal ~r pe.rs:::-n,;¡l property O'..¡ned by the violator.
1'[0',1 .;.)P.t'.. '::....,;'1 , . :hc :::i t:.::1Üt- ':Tl1:t I su-:::h (;r-1er may be enforced
in the S~l1'e 1"'\ê\!'\neY ~s 3. r;....'lt"': j~:dgment by the sheriffs of this
5'.:ate, inc:.l...di......g le':Y 3.ga.i.nst the pers':)nal property, but s~all
not b~ deemed to be .'Olrt j'¡dg."1~nt except far enfQrcement
p'lrposes.
(C) A fine imposed P'.l.r;;;'.ant ':;) this part shall contin:.:.e to accrue
\Inti 1 I':e ·;i::'!.a·~r~J:ne:; into::ompliance or until judgment is
rendereð. in a S\..Ìt'. to E.')reclose on a lien filed pursuant to
this $ecti~n, wh.i.~hever occurs first.
(D) ~.fter three months t'ram the filing of any lien which remains
'1npaid, th~ Code Enforcement Board may authorize the City
Attor:1ey t;) .Jre::,l:::-~e ~p~n t~e line. No lien created pursuant
to rh~ P!:~"'i5i~)n5 of I:his chapter may be foreclosed on real
,
~?.D. WJ, 8:-39
I
~ ~)
?1. ::>¡;'e~t.y ..;::._c:~:. is ii "hoJ'!Iestead" ',mdsr Article X. Se,::t.lon 1 of
th~ ~:'3.~_~'~ ':C'~ ~".~.t· ~;-.:_-Jn.
Se<:tior. 11. Tha': Ti"le 'I1I, ";t.dministratian", Chap+:.er )7,
"Delray Beach Code Enforcement" of the Code of Ordinances of the City of
Delray Bea:::h be 'ind the same is hereby amended by amending Section
)7,4), "Durat.ion of l.len," to r.ead as follows:
No li-an pr'::>'Ji.ded ~:.' this chapter or under the authority of
F.S. S(:C. '.1';2.0: e+:. "eg.. shall continue for a longer period
than iii:.,..., tHe~t'l (20) year!;: after the certified copy af <in
order imposinJ a. fine has been recorded, unless within that
t ".:nc 'in 'ict lOI' ~.é) foreclos~ :In the lien is commenced in a.
cnurt ::-f competen': j'1risdiction. In an action to foreclose on
a li~n. the pr€vailing party is entitled to recover all costs,
i~cluding reaso~able at':orney's fees that it incurs in fore-
::'l::>s·c:.re. The -;oc': inuation of the lien effected by the
con~enc~~ent of the action shall not be good against creditors
or sul?.sequen~ p\u:chasers for ·...aluable consideration without
notice lmless .3, n~tice lis pendens is recorded.
Section 11. That 1';. tle 1.11. "7>.dministration", Chapter 37,
"Delray Beach CC'de Enforcement", of the Code· of Ordinances of the City
of Delray Beach he :¡,nd the same is hereby amended by enacting a new
Section 37.45, "Stlpplemental Cod;:;! Enfor::ement procedures" to read as
follows:
37.45 Supplemental Cede Enfor~ement Procedures
(A) The provisions of this section are additional and supple-
m-?-ntal means of enforcing the City's ordinances and may
b~ used for thf" enforcement of any nen-criminal
ordinance. or for t.he enforcement of all non-criminal
~rdinances. Nothing contained in this section shall
prohibit the ~ity from enforcing its codes or ordinances
by any ::>ther means.
!E) ;t. code enforcement. Qfficer is authorized to issue 3
citation to a person when. based upon personal investiga-
tion, the officer has reasonable cause to belie'le that
th~ person h~s ~ommitted a civil infraction in violation
of 3 duly enact~d code or ordinance and that the cour.ty
court wi:l hear the char~e.
!~) Prior to iasuing a citation, a code enforcement officer
shi\ll F-r~v.~d';! notic~ to the person that the person has
'.='.)mmi ,:ted ~ -..i ::-lation of a code or ordinance and shall
e5~ablish ~ reasonable time period within which the
perscn i(mst':or1':~ct ':he violation. S'lch time period
shal: be n~ more than 3C days. If. upon personal
irwf,s'" i.ga.ti::m, -. :,()ð~"'")~')~:C:eMent nfficer finds that the
person has ':"10': r;cr7:'e,;t~<i the violation wi thin the time
period, a ;;ode e,¡1fo=::e¡nent officer ma~' issue a citation
to the person ',,¡he has ~o:nmitted the violation, ;t. code
enforcemen': ~f~icer does not have to provide the person
w.:~ ':h a reasonable ':ime f'eriod. to correct the violation
prior to i~suing a citation and may immediately issue a
citation if ".he ~ode enforcement officer has reason to
believe that the violation presents a serious threat to
'3
QRD. NO. gl-89
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t;¡e p'..];:)::'';'..:: h~;; ,::'th, safety, or welfare, :>r if the vi::>la-
:~~n \s irrppar~bl~ ~r irreversible.
(.., \ ~ ~1.+-_r\t:'·:>n iss';ed by a code enforcement off icer shall
~, ....
-::)nt.ai!1 ;
~
1 ':''r." 1a te :md ti'!1F- of issuance.
:2 ~~p. ~~~c ~nd ~ddress af the person to whom the
~ita~~on is iss~ed.
~. ~~c ~~te and time the civil infraction was
c0mmitted.
4. The facts co~stituting reasonable cause.
C, T~~ n~~èer or sF-ctian of the ~ode or ordinance
violated.
S. The name and a~thority ~f the code enforcement
ðtficer,
7. The procedure for the person to follow in order to
* PàY any ci',il penalty or to contest the citation.
3. The 3pplicable civil penalty if the person elects to
contest the citation.
. 9. The applicable civil penalty if the person elects
not to contest the citation.
10. A conspicuous statement that if the person fails to
pay the civil penalty within the time allowed, or
f~ils to appear in court to ~on~est the citation, he
shall be deemed ~o have waived his right to contest
the citation and that, in such case, jUdgment may be
e:lr.ered '\gai nst the person f.or an amount up to the
maximum civil penalty.
( E) After issuing a citation to an alleged violator, a code
",\" f i,r ::I'!men ': officer sh.3.ll deposit the original citation
and one copy of the citation with the county court.
(F) A violation ~f a~ ordinance eùforced in this manner shall
constitute a civil infraction. The person xeceiving the
citatio~ ~ay within 1Q days from the date of the citation
elect to appeal the citati':>n to county court or pay the
penalty imposed. Sho'lld the person fail to pay the
penalty or appeal the citation within the 10 days or
fails to appear in ::o:¡rt to contest the citation, they
shall be dee\1Ied to have waived their right. to contest the
citation and a j'.ldgment 'J.p to the maximum penalty may be
entered against them.
I '1) The schedule of penalties shall be as follows:
l. $~ for an initial violation if the payment is
received ~ithi~ 10 days of the date of the citation.
S
'")?.D . ~¡~ tI.:-Sq
~ Ó
2 "~5() for o.u ini ~ial viob.':ion "Ihich is not p.aid
....i. thin :. 0 days of the date of the ci ~atJ.on or is
unsuccessfully contested in county court b~i the
violator.
3. $250 for a repea~ violation which is paid within 10
days of the date of the citation.
4. $500 for a repeat violation which is not paid within
10 days of the date of the citation, or is
unsuccessfully contested in county court by the
violator.
(H) Any person who willfully refuses to sign and accept a
citation i.ssued by a code enforcement officer shall be
gui 1 ty of a misdemeanor of the second degree, punishable
as provided in Florida Statutes Section 775.082 or
Section 775.083.
Section 12. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to :be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 13. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 14. That this ordinance shall become effective
thirty (3D) days after passage on second and final reading.
PASSED AND 1\DOPTED in regular session on second and final
reading on this the Sth day of December 1989.
Q Glæ, û4
MAYOR
ATTEST:
!
()~ Mn & '-1(i1L' .;¿, t.p. -
st. City Cl~
First Reading November 14, 1989
Second Reading December S, 1989
7
ORD. NO. 81-89
I
I
Board of COIJÍlty Commissioners County Attorney
C I J 1'1 ' Ch' Van R. Cook
aro . : mqUlst, airman
Karen T. Marcus, Vice Chair
Carol A. Roberts
Ron Howard AUG 1 7")
Carole Phillips
August 15, 1990
Richard Bauer
Code Enforcement Administrator
City Of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Bauer:
r1D I am enclosing a copy of the Palm Beach County Uniform Code
~~ Citation. This form has been reviewed by Chief Judge Hurley and I
11\'1/\qu believe will be adopted as the only acceptable citation form in a
~ soon to be signed administrative order.
You may wish to contact attorney Trela White regarding actual
printing of this form at the Barristers Building, 1615 Forum Place,
Suite 200, West Palm Beach Florida 33401 or phone number 640-9020.
Ms. White was instrumental in designing the form and it appears
that she will be ordering these forms from a print shop, for use by
the municipalities of Lantana and Atlantis. Judge Hurley had
suggested that the County and all participating municipalities use
the identical citation forms. Our thought was that once the print
shop has set the type for the forms we could all enjoy a cost
savings by ordering the forms from one shop. To identify each
municipality, we will code the citations with the prefix number
that is equivalent to the number used by the County Tax Assessor's
Office. Since that office already has assigned two digit numbers
for the County and each municipality we felt this would be the
simplest way of being able to number the citations.
If you have any questions or if I can be of any assistance to you
in any way, please do no hesitate to contact me. I can be reached ,.
at the phone number 355-2225.
Sincerely,
Æ &.-ii.(
Lee Rosenthal
Assistant County Attorney
LR:ib
",-\n !equal Opportunity - :\ffirmati\e Action I:mployer"
BOX 1989 WEST PALM BEACH, FLORIDA 33402-1989
@ p"nled on recycled paper (407) 355-2225 Sunmcom (407) 273-2225
r
~
I
.
..--..--- ~..-
([OlIOA U/.'F~ (IDE CI111101 --
.-.
o......ry ol/Cicy 0/ va X
o C icy Ordì Nlnee I YW IOY MAIL THE AJlWNT INDICATED 011 THE
REVERSE SIDE OF THIS CITATIOII AlOllC IIITH
o COU'Icy Code THE COPT OF YWR CITATION TO,
CLUe Of THE CWRT
300 DIXIE HICHIIAT
I. ....-.dorsignod certiliod chit he h~ juu Ind rus~bl. ATTN: CCOE ENFORCEMENT DIVISION
'ourds co bel i ev.. It'd docs bel i eve t~at on: IIEST PALM lEACH, fL 33'01
,y 0' lIe.k MonCh 0.'1' Yur Time A.M.
:....-- Plymont ....'1' be ...... at che locltlons llseed
P.M. below belwe." 9:00 I.m. II'd ,,30 p.....
MorélY Ihru f r \ dlY.
me (Print) Firu H.I. lut
Cash i er' s Che<:k. Money orÔ<!rs, or Checks shill
be IMde paYlble to John I. O.....le. Clerk.
rHt
-
AlL FEU lUST If RÐUTTEn III O.S. fUl)S
cy IStltt Zip .
All fine ...,..,u Inc:lud<! the basic fine with
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9n.25, Floria. SUtuUs (U.OO).
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You ....y rl>qUeSC I huring or pay the line
within 10 a.yI in person or by ...il at one 0/
the loc.tions tlsted below:
cxs.. See t ton' II. '.Im .e.ch Courthouse North COlrIty CourChou
300 N. Dixie Highw.y JIM PCA Ilvd.
1I..r '.Im .e.eh. fl 31'01 ,.1,. le.en 'arden_, ,
..cion of Vlolltion L-J uwllle. L-J INC. ('071355'2191 ('07)626,6900
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J'5 Congres. Ave. 2976 SUt. Rd. 15
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Jr sig~ture below ~ not conatituta In ~i..ion of guilt Cia.. III S125 sa SI]]
.over. willful rafusII to si,n Ind ICC~C tllil ciution is . Clu. IV s250 sa S2511
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'stitllta a waiver of your ritht to cantelt thil citetion. h.". carmoined the infraction tl\. jud;a
jud\Jftef1f NY "0. enured .,Iinst you for In IIftOU\t 01 up to NY impos. I penalty not to exceed S500.00
)0. per tnfract 1011. plus court cous. per lnfrection.
You NY rtq.Jlst I hearing by IretlClt Ing
CAfE/TIME OF ISSUANCE below:
;~AIURf Of INOIVIDUAL TIME All I hereby request I he.rlng.
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-
"
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer f/~
DATE: December 10, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
DECEMBER 11, 1990 - BID AWARD - BID #91-13
RENOVATION OF PUBLIC UTILITIES ADMINISTRATION
BUILDING - FOR CITY ATTORNEY'S OFFICES
Item Before City Commission:
The City Commission is requested to awar¿ contract to low
bidder, ARZ Builders Inc, in the amount of $90,855. Per the
Budget Officer, funding is from: 1"i~~/¿f-S3t-{;O.31
( ¡'VIIJ- 'i ~~ Qn....,J - f~ 1,;:(' U4-: 1.1:.f'~ Cr''''1f/~¡' ) .
tþJ. r;¿t.ÓJ cl.'D
jl:,.J{'~' ~ I)..//I/$C
Background:
Scope of Work
The work comprises sundry demolitions and alterations and
additions, including mechanical and electrical work, to the
existing former Public Utilities Building, for new offices
and storage for the City Attorney, staff, and Records
Storage Division.
Bids for the project were received on December 10, 1990 from
..
ten (10) contractors, all in accordance with City purchasing
procedures. (Bid 1191-13. Documentation on file in the
Purchasing Office.) A tabulation of bids is attached for
your review.
The low bid was submitted by ARZ Builders Inc. in the amount
of $74,855. for the base bid and $16,000. for the fire
sprinkler system, for a total of $90,855. The Architects
estimate for this work is $92,236.
Recommendation:
Digby Bridges, Marsh & Associates and City Staff recommend
award to low bidder, ARZ Builders, Inc. in the total amount
of $90,855. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from Architect
. . .
Digby Bridges, Marsh & Associates, P.A.
124 N.E. 5TH AVENUE, DELRAY BEACH, FL 33483
407-278-1388
~ ' ,
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10 December 1990
Mr. Robert Barcinski,
Assistant City Manager
100 NW First Street
Delray Beach, Florida 33483
RE: City Attorney's Office Renovations
Dear Bob:
We enclose our Report on the Bids received for the above project.
Best regards,
Yours sincerely,
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
.
MW·1./ s 1
Enclosure
#qD
CHARTERED ARC]f!7'FCIS -- PL! N/'iF tN7ERIOR DESIGNERS
·
CITY OF DELRAY BEACH
RENOVATION OF PUBLIC UTILITIES ADMINISTRATION BUILDING
FOR CITY ATTORNEY'S OFFICE
REPORT ON BIDS 10 December 1990
1) Bids were opened in City Hall Conference Room by Mr. E. Glass,
City Purchasing Department, at 10:00 on Monday 10 December
1990.
2) The following bids were received; listed in alphabetical
order:
ARZ BUILDERS: Base Bid $ 74.855.00
Alternate #1: Fire Sprinkler $ 16,000.00
Contract Period: 60 Days
Bid Bond: 5%
Verbal Receipt of Addenda 1, 2, & 3
COLLECTIVE CONSTRUCTION: Base Bid $119,365.00
Alternate #1: Fire Sprinkler $ 33,360.00
Contract Period: 90 Days
Bid Bond: 5%
Written Receipt of Addenda 1, 2, & 3
CONDOR CONSTRUCTION: Base Bid $97,500.00
Alternate #1: Fire Sprinkler $ 15,000.00
Contract Period: 90 Days
Bid Bond: Cheque $6,000
Written Receipt of Addenda 1, 2, & 3
FIVE STAR CONSTRUCTION: Base Bid $ 98,326.00
Alternate #1: Fire Sprinkler $17,300.00
Contract Period: 70 Days
Bid Bond: 5%
Verbal Receipt of Addenda 1, 2, & 3
JANUS & HILL CORP.: Base Bid $ 89,500.00
Alternate #1: Fire Sprinkler $16,680.00
Contract Period: 90 Days
Bid Bond: 5%
Written Receipt of Addenda 1, 2, & 3
R. L. LAROCHE, INC. : Base Bid $116,153.00
Alternate #1: Fire Sprinkler $18,550.00
Contract Period: 130 Days
Bid Bond: 5%
Verbal Receipt of Addenda 1, 2, & 3
· .
MI-DAVE ENTERPRISES,INC.: Base Bid $111,800.00
Alternate #1: Fire Sprinkler $15,000.00
Contract Period: 90 Days
Bid Bond: 5%
Verbal Receipt of Addenda 1, 2, & 3
RPM CONSTRUCTION CO.: Base Bid $ 90,369.00
Alternate #1: Fire Sprinkler $21,280.00
Contract Period: 45 Days
Bid Bond: 5%
Written Receipt of Addenda 1, 2, & 3
WALKER DESIGN & CaNST.: Base Bid $ 99,726.00
Alternate #1: Fire Sprinkler $ 13,662.00
Alternate #1: Balance/Bldg. Sprinkler $ 1,918.00
Contract Period: 90 Days
Bid Bond: 5%
Written Receipt of Addenda 1, 2, & 3
WEST CONSTRUCTION CO.: Base Bid $105,877.00
Alternate #1: Fire Sprinkler $ 22,800.00
Contract Period: 75 Days
Bid Bond: 5%
Written Receipt of Addenda 1, 2, & 3
3) The five lowest bids were examined.
1) ARZ BUILDERS INC. $74,855.00 60 D¥s
2) JANUS & HILL CORP. $89,500.00 90~
3) RPM CONSTRUCTION CO. $90,369.00 45 ~
4) CONDOR CONSTRUCTION CO. $97,500.00 90~
5) FIVE STAR CONSTRUCTION $98,326.00 70 D¥s
All five bids appeared to be in order and correctly completed.
4) Mr. George Aboujawdeh of ARZ Builders, Inc. was interviewed
regarding his company's history and references. His company
is bonded and has worked previously for the Cities of Delray
Beach, Pompano Beach, and for this office. ~'Je contacted
references at the above, and also at Harbortown Apartments,
and all indicated that ARZ Builders, Inc. completed their work
in a satisfactory and expeditious manner.
Our Estimate for the above work was in the amount of between
$60,000 and $70,000 as mentioned in Mr. Kurtz's memorandum to
the City Commission dated 25 September 1990. On 27 September,
we submitted an Estimate in the amount of $68,000 for work in
the Attorney's offices proper (copy enclosed).
.
, .
. n n
.
~/. '-"
CITY OF DELRAY BEACH
RELOCATION OF CITY ATTORNEY'S OFFICE
TO UTILITIÉS BUILDING
ESTIMATE
I
-
DIGBY BRIDGES, MARSH & ASSOCIATES
27 'SEPTEMBER 1990 .
.
,r
L
-
(-',-¡ ()
\.....J '--'"'
EXCLUDED FROM THIS ESTIMATE
1. Window treatments . .
,~
2. Voice/Data Cabling - empty
3. Fibre optics from city,tran to Attorney's office
4. Professional Fees
5. Any work to existing paved areas, compounds,
landscaping, irrigation, fencing, etc.
6. Telephone insulation: - empty conduit inc.
7. Furniture
8. Computers
9. Shelving ( s tee I ) in storage Area·:
10. Moving espenses
11. 'New roof' boo 'garage
-
-
RELOCATION O~-:C:ITY ATTORNEY 1 s OFFICE TO P'l:'ILITIES BUILDING
. l
'",-,' ~ .,. -..../
Sm"1MARY ,
DEMOLITIONS. , 5173
ROOFING N.I.C, - 0 .-
BLOCKWORK 4623
NEW INTERNAL WALLS 2854
FINISHES 8731
LIBRARY SHELVING 2000
DOORS AND WINDOWS 5500
PLUMBING 2250
.
FIRE SPRINKLERS 1500
AIR CONDITIONING 12500
ELECTRICAL 10000
55131
ADD
-
CONTINGENCIES 5% 2756
, .
57887
,-
GENERAL REQUIREMENTS 7% 4052
-
,
61939
OVERHEADS & PROFITS 10% 6194
ESTIMATE TOTAL $ 68,133
SAY $ 68,000
. .
[IT' DF DELIA' IEA[H
100 N.W.1st AVENUE DElRAY BEACH, FLORIDA 33444 407/243-7000
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager f1!v1
SUBJECT: Agenda Item # 9"1) Commission Meeting, December 11, 1990
Contract Award Renovation Public Utility Bldg.
DATE: December 7, 1990
Bids will be opened Monday, December 10th for the renovation of the
Public Utility Building located at 200 N.W. 1st Avenue. This renovated
space will accommodate the City Attorney's Offices and the Records
Retention area.
Due to the tight timeline on this project a recommendation will be made
to City Commission on Tuesday night.
The City Manager will present his recommendation at the meeting.
DTH:rab:kwg
THE EFFORT ALWAYS MATTERS
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM =It . E - MEETING OF DECEMBER 11, 1990
CHANGE ORDER NO. 3
DATE: December 7, 1990
The Commission is requested to approve Change Order No. 3 to the
contract between the City and Johnson and Davis, In c. , for S.E.
1st Street Drainage Improvement (Decade of Excellence Project) in
the amount of $14,720.00, to modify and convert 16 inch trans-
mission main to dual purpose for transmission and distribution.
This modification includes the installation of three (3 ) eight
(8) inch diameter water mains at Marine Way, Palm Square and N.E.
7th Avenue.
Recommend approval of Change Order No. 3 to the contract betwen
the City and Johnson and Davis, In c. , in the amount of $14,720.00
with funding to come from Water and Sewer Capital
Outlay/Distribution System (Account No. 441-5161-536-60.68)
Drainage Improvements. This is a Decade of Excellence project in
the amount of $14,720.00
·( ,
!I
f
! .
Agenda I tern No. :
AGENDA REQUEST
Date: 12/12/90
Request to be placed on: 'Consent
xx Regular Agenda Special Agenda Workshop Agenda
When:
Description of agenda item (who, what, where, how much): Staff recommends
;:¡pprnv;:¡l for Contract modification, Bid # 06-22-90-DB, (Change Order #3) for Johnson and
Davis. Inc. for SE lst Street Dr;:¡in;:¡ge Improvement. A Decade of Excellence proiect, in the
00. Modif and convert 16 inch transmission main se for
ission and distribution. This mo i icat10n 1nc u es t e installation of three (3)
eight 1nc 1ameter wa er ma1ns a Way, a m quare an t ve.
ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
DISTRIBUTION SYSTEM -- FUNDING SOURCE 441-5161-536-60.68
Recommendation: Staff recommends approval Change Order #3 for Johnson and Davis
Inc. for the amount of $l4,720. Project - SE 1st Drainage Improvements
¡.,
Department Head Signature: tV1! .t ~r>_o~
Determination of Consistency with Comprehensive Plan:
"'!" Comprehensive Plan 1989. Two (2) inch main upgrades.
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all ite.s involving expenditure
of funds):
Funding available: ~ NO (if applicable)
Funding alternatives.
Account No. & Description: 441-5161-536-60.68
Account Balance: L.1~ 1m-)
City Manager Review:
Approved for agenda: @/ NO !lM
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
DEC-07-'90 FRI 14:03 ID:DELRAY ENV. SERVICES TEL NO:407-243-7060 1:1027 P02
MEMORANDUM
TO: David T. Harden
City Manager
FROM: William H. Greenwood
Director of Environmental Services
SUBJECT: S.E. 1ST STREET DRAINAGE IMPROVEMENTS
DATE: December 7, 1990
The original contract included the construction of a new
66-inch diameter storm sewer and a 16-inch diameter water
transmission main to convey water across the intracoastal to
the barrier island.
The original intent for the 16-inch diameter water main was
for transmission only, not distribution or fire protection.
A re-evaluation of this line indicated it should be utilized
for transmission distribution and fire protection.
Since S.E. 1st Street will be completely reconstructed
during construction, it is advisable to install at this time
three - eight-inch diameter water mains at Marine Way, . Palm
Square and S.E. 7th Avenue. This will eliminate the need to
excavate the newly constructed road at a later date.
S.E. 7th Avenue and Palm Square have an existing 2-inch
diameter water line which will be upgraded at a later date.
Marine Way will also have a water line installed at a later
date.
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Wi1 1am H. Greenwood
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JOHNSON·DAVIS INC.
HEAVY CONSTRUCTION <G'~ UNDERGROUND UTILITIES
604 HILLBRATH DRIVE
LANTANA, FLORIDA 33462
407·588-1170
December 4, 1990
Mr. George Abou-Jaoude
Deputy Director of Environmental Services/Projects
City of Delray Beach
434 S. Swinton
Delray Beach, FL 33444
RE: SE 1ST STREET (ADDITIONAL WATER STUBS)
Gentlemen:
We respectfully submit the following request for change order to
our contract. The request is based on plans received on November
29, 1990 and field meeting, quantities by Johnson-Davis Inc.
ITEM QUANTITY UNIT PRICE AMOUNT
-
8" CL 52 DIP 167 LF 10.30 1,720.10
Additional Fittings 10 EA 150.00 1,500.00
8" RSGV/Box 4 EA 140.00 560.00
2" Blow Off 4 EA 500.00 2,000.00
Convert MH to Conflict MH 2 EA 1475.00 2,950.00
Install Conflict MH 1 EA 2100.00 2,100.00
Add'l Pavement Replacement 130 Sy 28.00 3,640.00
Testing & HTH 1 LS 250.00 250.00
$14,720.10
We exclude DIP, Fittings and Casing Pipe (if required).
Additional Contract Days: 7 calendar
If we may be of any further assistance, please contact our
office.
s~C~
Robert E. Spink
Vice President
RES: jp
~
- . .
. ...
CHANGE ORDER
No. 3
Dated December 5 , 199~
I
Project No. 06-22-90-DB Bid #90-74
Project Name: s· E 1st Street Drainagé Improvements
Decade of Excellence Project
~
Owner: City of De1ray Beach, Florida
Contractor: Johnson and Davis, Inc.
Contract Date: August 29, 1990
~
To: Johnson and Davis; Inc. , Contractor
You are directed to make the following changes in the subject contract:
Convert 16 inch diameter transmission main to dual purpose fpr transmission and
distribution. Thi~ modificatton includes the installation of three (3) - eight (8) inch
diameter water mains.
I
,
.
which changes are more speèifically described in the attached ame.nded plans, drawings, and
specifications.
The reason for, the change is as follows: Convert eight (8) inch water line to existing two (2)
inch water to improve fire flow preotection.
. .'
The contract price and contract time shall be adjusted because of such changes as follows:
A~ Contract Price
1. Contract price prior to this change order: . $ 260,018.00
Page One of Two Pages
.
~
,- .
" .~;
'. . ..;.:,
:
CHANGE ORDER i 3
... .. -
......--. .~-,....". .._.'-~... ... .. ~_.'.L ... '-"-'-~.,.
.- _. -..
2. Net increase resulting from this change order: $ 14.720.DO
..
3. Current contract price Including this change order: 274,738.00
B. . Contract Time .
."
1. Contract time prior to this change order: l8D
I
. 'J::
2. Net Increase resulting from. this change order: 7
3. Current contract time including this change order: l87
.
.,
. City of DeIray Beach, Florida. OWNER
. .
. By:
. .
Attest:
Ci ty Clerk
City of Delray Beach
~
Approved as to form:
City Attorney
.
The above chariges are accepted on , 198_. I unde~tand that au the
provisions of the Contract Document related to Project No. which are not
inconsistent with. the terms of ·:this Change Order shall remain in effect and apply to au work
undertaken pursuant to this Change Order.
.
Witness:
:
, , CONTRACTOR
By:
As to Contractor Title
. .
. .
I
':'
,
Page Two of Two Pages
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~- MEETING OF DECEMBER 11, 1990
REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF
VARIOUS BOARDS
DATE: December 7, 1990
Section 2.4.7(E) of the recently enacted Land Development Regula-
tions sets forth the process for hearing appeals of actions taken
by an approving board. Such actions will now be reported to the
City Commission on a periodic basis, at which time an appeal may
be initiated.
This report of appealable land use actions is for actions taken
by the various boards for the period of November 22, 1990 through
December 10, 1990.
Recommend that the City Commission receive and file this report.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
THRU: ~ ~IRECTOR
~PARTMENT OF PLANNING AND ZONING
ao/Þ-,,- a{bTl
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF DECEMBER 11, 1990
REPORT OF APPEALABLE LAND USE ITEMS
NOVEMBER 22, 1990 THROUGH DECEMBER 10, 1990
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period of November 22, 1990 through
December 10, 1990.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by the
City Commission. After this meeting, the appeal period shall
expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item.
Site Plan Review and Appearance Board meeting of December 5,
1990:
1. Approved the elevation plans (to add awnings) for Dennis
Fronrath Chevrolet at S.E. 5th Avenue (southbound Federal
Highway), between S.E. 3rd & 4th Streets.
2. Approved five ( 5 ) new model additions for the Sabal Lakes
Development at Barwick Road.
City Commission Documentation
Report of Appealable Land Use Items,
November 22 through December 10, 1990
Page 2
* Note: The final elevation plan for Bud's Chicken & Seafood
(S.E. 1st Street and US Highway #1) was considered by the
Board under the pre-LDR regulations. This item is not
subject to this appeal provision.
No other appealable items.
Planning and Zoning Board meeting of November 26, 1990:
All of the items on this agenda have been either acted upon, or
scheduled for, City Commission consideration.
Planning and Zoning Board Special meeting of December 3, 1990:
1. Made a recommendation to amend portions of the Central
Business District Zoning Regulations as they pertain to the
sale of second hand goods. This item was acted upon by the
City Commission on December 4, 1990.
Historic Preservation Board: No meeting was held during this
period.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
Location Map
II
Sabal Lakes
Development
i
, .
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I
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # CJ - MEETING OF DECEMBER 11, 1990
DETERMINATION OF CONSISTENCY OF CAPITAL BUDGETS WITH
COMPREHENSIVE PLAN
DATE: December 7, 1990
The action requested of the City Commission is that of formally
making a finding of consistency between Capital Budgets for FY
90/91 and the Comprehensive Plan.
Normally, this finding would be made concurrent with the adoption
of the budget in September; however, because of further
assessment of water and sewer needs and awaiting the water/sewer
rate study, we were not able to accommodate the Se ptember date.
However, at that time an interim action regarding determinations
of consistency on a project-by-project basis was taken.
The Planning and Zoning Board formally reviewed this item at
their November 26th meeting and made its finding of consistency.
Recommend the City Commission find that the proposed revisions to
the Capital Budgets for FY 90/91 are consistent with the adopted
Comprehensive Plan.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: MACGREGOR-HARTY, CITY CLERK
j~\J~
FROM: D D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 11, 1990
FINDING OF CONSISTENCY BETWEEN THE CAPITAL BUDGET(S)
AND THE COMPREHENSIVE PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
formally makinq a findinq of consistency between Capital
Budgets for FY 90/91 and the Comprehensive Plan.
BACKGROUND:
Normally, this finding would be made concurrent the with adoption
of the budget in September. However, this year because of
further assessment of water and sewer needs and awaiting the
water/sewer rate study, we were not able to accommodate the
September date. However, at that time an interim action
regarding determinations of consistency on a project-by-project
basis was taken.
This subject has been before the City Commission in a work
session format at which time each project, along with the status
of funding sources, was reviewed.
The action now before you needs to precede final action regarding
adoption of new water and sewer rates because a part of the rates
are based upon the needs and activities shown in the Capital
Budgets. If there is a substantial change to the proposed water
and sewer rate structure, it may be necessary to revisit this
Capital Budget project list. Other portions of the Capital
Budgets deal with projects other than water and sewer.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of November 26th and ma.e its finding, as the Local
Planning Agency, of consistency.
City Commission Documentation
Meeting of December 11, 1990
Finding of Consistency Between the Capital Budget(s)
and the Comprehensive Plan
Page 2
RECOMMENDED ACTION:
By motion, find that the proposed revisions to the Capital
Budgets for FY 90/91 is consistent with the adopted Comprehensive
Plan.
Attachment:
* P&Z Staff Report & Documentation re Capital Budget
consistency
DJK/#74/CCCAP.TXT
I
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: NOVEMBER 19, 1990 ~
AGENDA ITEM: V.G. Consistency Determination Regarding the
Capital Improvement Budget
ITEM BEFORE THE BOARD:
The item before the Board is that of a final review and
recommendation to the City Commission regarding the
compliance/consistency of the Capital Improvement Budget(s)
with the Comprehensive Plan.
This item is required by Policy A-3.3 of the Capital
Improvement Element.
BACKGROUND:
This i tern was before the Board prior to adoption of the Annual
Budget. However, more work needed to be done and, at that time,
an action was taken which resulted in the need for all capital
projects to be specifically reviewed with respect to compliance
and consistency prior to the allocation of funding. Since that
time the new Finance Director and the Director of Environmental
Services have worked diligently to insure that a workable program
is set forth and that there are financial resources available to
accomplish it.
The Capital Improvement Budget reflects the reprioritization of
Decade of Excellence projects so they conform with the first Bond
Issue; reflects the water and sewer revenue bond proposal;
accommodates all projected funding for the Parks Impact Fee; and
acknowledges that revenue from the new Storm Drainage Fees will
be allocated to new projects instead of repayment of the GO Bond.
This item differs from the previous item (5-yr schedule) in that
each project is assessed with respect to the Comprehensive Plan;
and that all projects which have a value of greater than $ 25,000
are addressed. The 5-yr CIP reflects only those projects of
greater than $ 100,000 value.
ANALYSIS:
The attached report shows how a project is identified in the
Comprehensive Plan or its supporting documentation. Board
members should review the Policies A-3.3 and A-3.4 of the Capital
Improvement Element (copy attached) which sets forth the annual
review requirement.
d) When a project can be combined with another project in
the same geographic area, it shall receive a higher
priority"e.g. combining needed street improvements with
scheduled water and sewer improvements may accelerate
the street improvement project. (c1d)
e) When a project will receive significant funding
assistance from a development project or through
neighborhood contributions through an assessment
district or other method, it shall be accelerated on
the schedule. (cld & e)
f) When a project can be funded through an exclusive
funding source, it shall have a priority determined
through that funding source regardless of its
relationship to projects which are funded by other
funding sources e.g. a park constructed with dedicated
park funding can have a higher priority than a
mandatory need when the financing for the need isn't
available. (clf)
g) A project's priority shall increase if it can be tied
to the construction of a project undertaken by another
unit of government e.g. water main upgrading and
hydrant placements shall be coordinated with street
improvements which are constructed by Palm Beach
County. (clg)
h) A project's scheduling shall be consistent with respect
to other projects which have been prioritized within
other elements of this Plan, except as they may be
modified through the criteria contained within this
Policy A-3.2.
Policy A-3.3 Each department of the City's administrative
structure through which capital needs are addressed shall
maintain a capital Improvement Program (CIP). The CIP shall
address currently funded projects, projects under
construction, and a five year projection of projects. The
CIP shall include -all projects contained on the five year
schedule of this Element and shall contain those projects of
greater than $ 25,000 which are funded through the dedicated
financial resources for remedial projects (Policy A-2.3) and
all other projects of greater than $25,000 which are
proposed. The CIP for each department shall be reviewed
annually by the Local Planning Agency which shall issue a
statement of consistency with the Comprehensive Plan.
Policy A-3.4 The Administration (City Manager) shall
prepare a Capi tal Improvement Budget (CIB) for each budget
year. The CIB shall be reviewed by the Local Planning
Agency and must be determined to be consistent with the
Comprehensive Plan prior to its consideration the City
Commission. (c7)
III-H-19
Comprehensive Plan Compliance:
PAP = Previously Approved Project (vested activity)
MEW = New project which needs a project description
and possibly prioritization before a
consistency determination can be made.
XXX A-2. 2 = identifies Element from the Plan and Policy #
--(E)-- = Equipment Items do not need compliance
determine
PROJECT AMOUNT FY 90/91 SOURCE COMP PLAN COMP
D R A I NAG E
S.E. 1st St. (CBD) 20.0,000 200,000 DOE S-yr CIP
Northwest Area 2,050,000 1,293,000 DOE S-yr CIP/A
750,000 SWUTIL --------
Lowson by E-4 Canal 200,000 200,000 DOE S-yr CIP
Tropic Isle 249,999 16,429 UTAX PAP
Rainbow Homes 110,067 87,961 UTAX PAP
Bass Creek 150,000 FY 91/92 SWUTIL 5-yr CIP/A
Tropic Palms 250,000 FY 91/92 SWUTIL 5-yr CIP/A
Homewood 30,000 FY 92/93 SWUTIL MEW
East Central Area 2,060,000 FY 92/93+ SWUTIL 5-yr CIP/A
(NOTE: Because of a determination that SWUTIL funds cannot
repay DOE expenses, SWUTIL projects previously listed in the
5-yr schedule are accelerated to when funds are available. It
will be necessary to establish a priority for projects which
are to be undertaken in FY 92/93 and beyond. This item should
be addressed in Plan Amendment 91-1.)
PROJECT AMOUNT FY 90/91 SOURCE COMP PLAN COMP
S T R E E T, ALL E Y, & SID E W A L K S
1987 St. Beaut. 2,967,452 1,379,403 UTAX PAP
E. Atlantic Ph. II 830,010 96,812 GF-STL PAP CIP/A
Swinton Beaut. 500,000 500,000 DOE 5 yr CIP
Atlantic to 1-95 200,000 FY 91/92 DOE 5 yr CIP
Atlantic to M.T. 238,000 FY 92/93 DOE 5 yr CIP
Atlantic E of IC 1,000,000 FY 93/95 DOE 5 yr CIP
Barwick Beaut. 57,000 FY 93/95 DOE 5 yr CIP
Gen. Alley & Inter 300,000 50,000 GF CIE A-2.3
TRF B-2.1
Alley Improvements 1,000,000 250,000 DOE 5 yr CIP
Power Pole Relocate 75,000 25,000+ GF TRF C-2.2
Walk SW 4th Ave. 80,000 80,000 DOE 5 yr CIP
Walk FEC @ 8th St. 40,000 40,000 DOE 5 yr CIP
Walk Pompey Area 20,000 20,000 DOE 5 yr CIP
- 2 -
·
Hurricane Shutters 85,000 15,000+ GF PFE need
CRA Ct. House 845,809 845,809 UTAX PAP
Tennis Center 1,029,000 996,438 GF-STL 5 yr CIP
Pub. Utility Cmplx. 260,000 260,000 91RB 5 yr CIP/A
PROJECT AMOUNT FY 90/91 SOURCE COMP PLAN COMP
SEW E R S Y S T EMS
Reqional Wastewater Treatment Plant
Odor Control 5,926,525 4,985,000+ 91RB 5 yr CIP/A
Collection System and Lift Stations
Veterans Park L.S. 1,500,000 764,000+ 91RB 5 yr CIP/A
Sewer Plan Update ------ FY 90/91 UOP PFE C-1
L.S. Telemetry 219,000 139,900 84RB IŒW
80,000 UOP
These projects have a new scope with more funding required than
previously indicated. Previously they were just a part of Lift
Station Upgrading (which is now a different item).
Manhole Rehab. 2,500,000 500,000 UDEP 5 yr CIP. &
(name changed to I&I Correction Program)
The amount allocated is greater than contained in CIE A-2.3, PF
C-2.1 & PF C-2.S -- JUSTIFICATION: Extreme need and allocation
of funds through the Bond financing program to meet the need
through annual work.
L.S. Conversion 985,000 225,000+ UOP CF C-2
The amount allocated is greater than contained in CIE A-2.3, PF
C-2.1 & PF C-2.5 -- JUSTIFICATION: Extreme need and
allocation of funds through the Bond financing program to meet
the need through annual work.
- 4 -
·
Water Distribution
Ext of ~ervice (E) 2,688,000 415,000+ 91RB 5 yr CIP/A
(See 5-yr schedule for specific projects)
Main Reloc LI/Swin. 250,000 25,000+ UOP lfEW
Main Reloc LI/MT-Cong 250,000 25,000+ , lfEW
8" Main Swinton/22nd 35,000 S'S'-~ lfEW
8" Main Seacrest-US1 ------ ------ \Jg 5 yr CIP/A
2" main upgrades 1,190,496 311,437+ UOP CIE A-2.3
This allocation is greater than the $200,000/yr in A-2.3
Water System Remedial Improvement Program: (2)
Meter Replacements 400,000 80,000+ UOP
Isolation Valves 299,700 99,700 UOP
Hydrant Replacements 250,000 50,000+ UOP
Backflow Prevent Pro.2,50,000 50,000+ UOP
( 2 ) These remedial programs (plus Treatment Plan Capital
Replacement items) are identified as needs in the discussion
of of the water system in the Public Facilities Element.
These items are funded as operating capital items and are
on-going.
PROJECT AMOUNT FY 90/91 SOURCE COMP PLAN COMP
o THE R
P.G. seed $ 500,000 500,000 DOE 5 yr CIP/A
Allamanda Gardens 100,000 59,765 DF-STL 5 yr CIP/A
Housing Rehab. 1,450,000 200,000+ GF 5 yr CIP/A
Beach Improvements 215,000 30,000 BRest CME A-I
Beach Studies 300,000 50,000 E Cont CIE A-2.3
Beach Renourishment 6,190,700 4,500.000+ E Cont 5 yr CIP
Utilities Equipment Replacement Program
Pumps and Hoses 45,000 45,000 UOP --(E)--
Hydraulic Flush 89,995 89,995 UOP --(E)--
Hyd power units 30,000 30,000 UOP --(E)--
WTP (Equip.Rep) 375,000 75,000+ UOP --(E)--
Software 132,555 132,555 UOP --(E)--
Other Equipment
Sewer TV Monitoring 45,000 45,000 UOP PFE C-6.3
Mini Camera 30,000 30,000 UOP --(E)--
Street Sweeper 125,000 FY 91/92 GF --(E)--
Front End Loaders 68,800 FY 91/95 GF --(E)--
Back Hoes 146,400 FY 91/95 GF --(E)--
Road Graders 56,500 21,500+ GF --(E)--
- 6 -
·
2. The Soutwest Park is shown post FY 95 in the CIP, it should be
so referenced in the Budget document.
3. Equip & New Improvements to existing parks CIE A-2. 3
and,
500,000 42,000 PIF PRE A-2.3
This commitment needs to be added to the budget (Parks Impact
Fund)
Items of note:
1- The delay in execution of the Northwest Drainage Project
allows the repayment of the previously borrowed funds.
Direct payment will be able to be made from the SWUTIL after
expenditures from DOE.
2. The Scrub Park Nature Trail is projected with a $30,000
increase in cost.
3. The issuance of a water and sewer revenue bond, backed in
part by a rate increase, allows for greater allocation of
funds to remedial projects. These needs were identified in
the initial Comprehensive Plan document with restricted
funding until work on the revenue bond and an assessment of
magnitude were made. This has now been addressed. Some of
the affected projects are: Lift Station Telemetry, Manhole
Rehabilitation, Lift Station Conversions, 2" main upgrades,
etc.
4. The initial Five Year Schedule did not have a substantial
allocation for projects to be funded by Storage and
Transmission Fees. Further review has shown a considerably
greater amount of funding available; and, thus projects to
accommodate needs have now been programmed.
s. The $1,808,500 for Water Contingency in the 9lRB needs some
definition/limitations?
6. Allocation of $200,000 from the General Fund for Housing
Rehabilitation programs is less than the $300,000 shown in
the Plan; however, staffing and outfitting is provided
elsewhere this year.
7. Is DOE funding being used to payback GF-STL allocation of
1989 with respect to the OSS Project?
8. A County Project (Wallace Drive Design 100,000 FY 91/92)
is to be funded with Traffic Impact Fees. This project is
for design only. The City is expected to provide for
construction of the improvements. This item needs to be
considered in the annual review of the Traffic Element.
REF/DJK#71/CIP.TXT
- 8 -
· . OKtJ't1
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Joseph M. ",a!cfo_~!Í3Director of Finance
L -
SUBJECT: Lease/Purchase of Photocopiers for the City Clerk's
Office and Planning and Zoning Department
DATE: December 7, 1990
Per the City Manager's request, we have been analyzing proposals from
photocopier companies for a high-volume copier for the City Clerk's Office
and a low-volume copier for the Planning and Zoning Department. After
reviewing several proposals, the two finalists appear to be Kodak and
Xerox. The Kodak quotation for these two photocopiers is attached and we
are still awaiting the final written proposal from Xerox at this time. We
will have this information available for the December 11th City Commission
Meeting and will be making a recommendation based upon this information at
that time.
JMS/sam
Attachment
cc: David T. Harden, City Manager
David Kovacs, Planning and Zoning Director
Alison MacGregor-Harty, City Clerk
Ted Glas, Purchasing Officer
'tH
. , - . .
CITY OF DELRA Y BEACH
CITY CLERK'S OFFICE
PROPOSAL
Kodak EKT APRINT 225 $42,419.00
Automatic Feeder 4,998.00
Automatic Finisher 5,a80.00
Total List Price $53,297.00
Less SLG Blanket Purchase Agreement - 7,994.55
Less Trade-In Xerox 1075/ ADH - 2.500.00
NET PURCHASE PRICE $42.802.45 $42.802.45
Kodak EKT APRINT 90E $17.840.00
Sorter/Stapler 2,900.00
Total List Price $20,740.00
Less SLG Blanket Purchase Agreement - 5,la5.00
NET PURCHASE PRICE $15.555.00 15,555.00
TOT AL LEASE/PURCHASE PRICE - EK225 &EK90 $58.357.45
------------------------------------------------------------------------
EASTMAN KODAK CREDIT CORPORATION LEASE COST
(EK225 and EK90 Combined)
60 Monthly Payments $ 1,211.50 or
48 Monthly Payments $ 1,452.52 or
36 Monthly Payments $ 1,855.76
------------------------------------------------------------------------
EQUIPMENT MAINTENANCE
Kodak EKTAPRINT 225F $ 177 .00
Automatic Finisher 110.00
Total Monthly Minimum $287.00
All Copies @ $.0071
Kodak EKT APRINT 90E $ 78.00
Sorter/Stapler 32.00
Total Monthly Minimum $ 110.00
All Copies @ $.0105
· .
Eastman Kodak Company, by using District Budgetary Funds, offers
The City of Delray Beach - City Clerk's Office one of the following
additional discounts:
1. 1a Months free maintenance based on 90,000 copies per month
(both units combined).
2. 12 Months free maintenance and unlimited copies at no charge
on both units.
3. Additional discount off the Net Purchase Price of the Kodak
EKT APRINT 225.
Prices are per Terms and Conditions of Kodak's SLG Catalogue #la990-91.
Installation charges for the Kodak EKT APRINT 225 are $455 and for the
Kodak EKT APRINT 90ESS they are $240.
The pricing, Terms and Conditions referenced in this proposal will be available
for orders received by November 15, 1990, which specify immediate delivery
and installation. Orders received after November 15, 1990 may be subject to
revised pricing, Terms and Conditions.
.
.<
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·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM II 9 - MEETING OF DECEMBER 11, 1990
STATE WIDE PUBLIC WORKS MUTUAL AID AGREEMENT
DATE: DECEMBER 7, 1990
The item before the Commission is that of approval of the State Wide Public
Works Mutual Aid Agreement. This agreement provides reciprocal assistance in
the case of emergencies too extensive to be dealt with unassisted. This is not a
binding contract. Palm Beach County and Boca Raton have approved the agreement.
There are 30 to 40 municipalities and county governments which have executed
this agreement. Most of the municipalities in the County are recommending this
agreement to their governing bodies.
The City Attorney has reviewed the agreement and has found it to be in
acceptable form and substance. He did raise a concern with respect to Paragraph
4 of the agreement which requires any self-insured entity to file a copy of a
resolution adopting and authorizing its self-insurance program. The City
Attorney is not aware of any resolution in this regard nor is he aware of any
legal requirement to adopt such a resolution. The matter is being researched,
however, and further information will be forthcoming by the City Commission
meeting of December 11.
Recommend approval of the State Wide Public Works Mutual Aid Agreement.
,¡
, .
Agenda I tem No.:
AGENDA REQUEST
Date:
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: 12/11/90
Description of agenda item (who, what, where, how much): Approva 1 of the State Wi de
Public Works Mutual Aid Agreement. This aqreement provides reciprocal a~~i~T~n~P in +hp ~~~a of a~9r9~R~ies
too extensive to be dealt with unassisted. This is not a binding contract. Palm Beach CounTY ~n~ Rnr~ R~+nn
have approved the agreement. There are 30 to 40 municipalities and County Governments that have executed this
agreement. Most of the municipalities in the County are recommendinQ thi~ ~grppmpn+ +n +ha;r 9Q"~rRiR9 þgdies.
OBDIHAHCEI RESOLOTIOB REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval to accept the aqreement.
¡",
Department Head Signature: /Þ-::?Hø5d. c>n~__..~J) 1~/.3/?ð
Deteraination of Consistency with Comprehensive Plan:
~
.g-
Budget Director Review ( required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: (!!j) NO ð71
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 310 S.L. I st STREET, SUITE 4 . DELRA Y BEACH, FLORIDA 334R3
407/243-7090 . TELECOPIER 407/278-4755
MEMORANDUM
Date: December 6, 1990
To: David T. Harden, City Manager
From: Jeffrey S. Kurtz, City Attorney
Subject: State Wide Public Works Mutual Aid Agreement
Please be advised that I have reviewed the proposed State Side
Mutual Public Works Aid Agreement and have found it to be in
acceptable in form and substance. My only concern is with
respect to Paragraph 4 which requires any self-insured entity
to file a copy of a resolution adopting and authorizing its
self-insurance program. We became self-insured prior to my
becoming employed by the City and I am not aware of any
resolution specifically authorizing the City to have a self-
insurance program, nor am I aware of any legal requirement to
adopt such a resolution.
I am having my staff research the history of our self-insurance
program to see if at any point in time the resolution was
passed and will have that information for you by the City
Commission meeting of December 11.
Should you have any further questions concerning this matter,
please do not hesitate to contact our office.
J~P+
,;
6-01-90
PUBLIC WORKS
MUTUAL AID AGREEMENT
WHEREAS, the state Emergéncy Management ACt, Chapter
252, Florida statutes, authorizes political subdivisions of the
state to develop and enter into m~tual aid ag~eements for reoip-
rocal eme~gency aid and assistance in case of emergencies too
extensive 'to be dealt with unassisted; and
WHEREAS, Chapter 252, Florida statutes, sets forth
details concerning po~ers, duties, rights, privileges, and immu..
nities of pOlitical subdivisions of the state rendering outside
aid; and
WHEREAS, the State of Florida is geographically vul-
nerablÐ to hurricanés, tornadoes, sinkhole formations, and other
natural disastQrs that in the past have caused severe property
damage to publio roads, utilii:ies, buildings, parks, and other
governmentally owned facilities; and
WHEREÞ.S, the Parties to this Agreement rec::.ugnize that
additional public works manpower and equipment may b~ needed to
mitigate further damage and ~êstore vital services to the citi-
zens of the affectêd community should such disasters occur; and
.,
WHEREAS, to provid~ thQ most effective mutual aid
possible, the Parties heréto intend to foster communications
between their public works personnel and the pub1io works
personnel of othQr po¡it1cal -subdivisions of the state ·by visits
and exchangQ of information; ,and
WHEREAS, the Parties to this Agreement enoourage their
public works personnel, with guidance from the Florida Chapter ot
the American Public Works Association, to implement detailed
administrative procedures to bo uned during omergencieø;
NOW, THEREFORE, in consideration of the foregoing and
the mutual covenants and promisêscontained herein, the Parties
he~eto agree as follows:
S8CTION 1. DEFINITIONS
A. "AGREEMENT II ... the Public Works Mutual ldd Agreement.
i 't' ,. ...... Counterparts of the Agreement with original signatures and copies
. .
of insurance letters shall be filed and maintained at the
Division of Emergency Management, Florida Department of
Community Affairs, Tallahassee, Florida.
B. "REQUESTING PARTY" - the political subdivision requesting
aid in the event of an emergency.
- 1 -
<
C. "ASSISTING PARTV" - the politi.cal subdivision furnishing
'equipment and/or manpower to thø Requesting Party.
D. tt AUTHORIZED REPRES£NTATIVE" - an employee of a participating
government authorized by that government to request, offer, or
provide assistancQ undQr thQ terms of this Agreement (a list of
the authorized representatives for each participa~ing government
is attached to this Agreement as Appendix A).
E. It EMERGBNCY' I' - any occurrence, or threat thereof, whether
aocidental, natural, or caused by man, in war or in peace, which
results or may result in substantial injury or harm to the popu-
lation or substantial damage to or lOSS of public property and
declared 3S such by the participating government.
F. "PARTICIPATING GOVERNMENT't - any po1itical subdivision of
the state of Florida which QXéoutes this Public Works Mutual Aid
Agreemen't.
G. tlPERIOD OF ASSIST~NCEtt - ~hG per~od of t~me beginning with
the departure of any personnel of the Assisting Party from any
point for the purpose of traveling to the location of the
Requesting Party in order to provide ass1stancÐ and ending upon
the return of all personnel and equipment of the Assisting Party,
after providing the assistance rQq~ested, to their residence or
regular plaoé of work, whiohever occurs first. The Period Of
Assistance shall not inolude any port~on of the trip to the
Req~estingParty or the return trip from the Requesting Party
during whièh the personnel of the Assisting Party are eogagedin
a còurse of conduct nOt reasonably neoessary for their safe
arriva1 at or return from the 1ocation of the ~equesting Party.
H. IIpOLITICAL SUBDIVISION" - any county or municipality oreated
pursuant to Florida law.
I. "WORK OR WORK-RELATED PERIOD" - any period of time in which
either the personnel or èqulpment of the Assisting Party are
being used by the Raquesting Party to provide assistance and for
which the Requésting Party will reimburse the Assisting Party.
Specifically included within such period of time are reat breaks
whèn the personnal of the Assis~ing Party will return to active
work within a reasonable timê. Specifically excluded from such
period of time are breakfast, lunch, and dinner breaks.
SECTION 2. PROCEDURES
khen 8' 'participating government becomes affeoted by an
emergency, it shall invoke emergency related mutual aid
assistance by declaring a stata of local emergency. The
following procedures shall then be followed to request mutual
aid from another participating government.
- 2 -
-----. --~.._.~~-_.._-.----...-."'--..--------..... --'. .------....---....-.-..
'-
.
.
A. The Requesting Party shall contact the authorized represen-
tative of one or more of the participating gQvernments and pro-
vide them with the following information.
1. A general dascription of the damaga sustained;
2. Identification of the par~ of the infrae~ructure sY8~em
for which assistance is needed (e.g. sanitary sewor, potable
water, streets, or stormwater systems) and the type of work
assistance needed;
3. The amount and type of personnel, equipment, materialS,
and supplies needed and a reasonable estimate of tho length of
time they will be needed;
4. The present weather conditions and the forecast for the
next twenty-tour hours;
5. A speoific time and plaoe for a representative of the
Requesting Party to meet the personnel and equipment of the
Assisting Party; and
6. The recommend:':d route between the Requesting and
Assisting Parties' locations and the t~avél condi~ions along tha~
route, based on thè best information available.
B. When contaoted by a Requesting Party, the authorized reprè-
sentative of a participating govprnmeqt shall assess his 90~ern-
ment's situation to determine ~hèther it is capable of pro~iding
assistanoe. No participating government shall be under any
obligation to provide assistance, to a Requesting Party. If the
-, . f1-"cized representative determines that his Part:icipating
'.'.., .;;r:runent is capable of and wi.11ing to provide assi8~ance, he
shall so notify the authorized representative of the Requesting
Party ~nd provide him with reasonable estimates of the following
information.
1. A complete description of the personnel, equipment, and
materials to be furnished to the Requesting Party;
2. The length of time the personnel, equipment, and materi-
als will be available;
3. ~he areas of experiencQ and abilities of the personnel
and the capability of the equipment to be furnished;
4. Thé name of the person or persons to be designated as'
supèrvisory personnel; and
5. The estimated time when the assistance provided will
a~rive a~ the location designated by the authorized represen~a-
tive of the Requesting Party.
... 3 -
1~
!
i The pørsonnel and equipment of the Assisting Party shall
c.
remaia, at all times, under the direct supervision and control of
the designated supervisory personnel of the Assisting Party.
Representatives of the Requesting Party shall suggest work
assignments and schedules for the personnel of the Assisting
.P arty; however, the designated supervisory personnel of the
Assisting Party shall have the exclusive responsibility and
authority for assigning work and es~ablishing work sohedules for
the personnel of the Assisting Party. The designated supervisory
personnel of the Assisting Party shall main~ain daily personnel
time records, material records and a log of equipment hours:
shall be responsible for the operation and maintenance of the
equipment furnished by the Assisting Party: and shall report work
progress to the Requesting Party. Notwithstanding anything found
elsewhere 1n this Agreement, the 8upervi~ory personnel of the
Assisting Party shall have the exclusive right to refusê work
deemed by them ~o be dangerous, unsafe or inappropriate for their
crews, equipment, or supplies, given the circumstances.
D. The Assisting Party may, in its sole discretion, withdraw
its assistance (in whole or in part) at anytime after giving
notice to ~hat effect to the Requesting Party.
E. TÞe Requesting Party shall have the respons.1bilityo£ pro-
viding food and housing for the personnel of the Assisting Party
from the time of their arrival at the designated location until
th$ time of ~heir departure. t
F. The· Requesting Party shall have the responsibility for pro-
viding communications between the personnel of the Ass~sting
Party and the Requesting Party.
G. Whenever the employees of ~he Assisting Party are rendering
outside aid pursuant to this Agreement, such employees shall have
the same powers, duties, rights, privileges, and immunities, and
shall receive the compensation, as if they were performing thei~
duties in the political subdivisions in ~hich they are normally
employed.
H. The Requesting Party shall complete a written agreement
regarding the assistance to be rendered, 8et~in9 forth the
additional terms agreed upon in the telephone request to the
Assisting Party, and shall transmit it by the quickest practical
means to the Assisting Party for approval. A sample form is
attached as Appendix B. The Assisting Party shall aCknowledge
the written agreement by executing and ~eturnin9 a copy to the
Requesting Party by ~he quickest practical means, maintaining a.
copy for its files.
SECTION 3. REIMBURSABLE EXP~NSES
The terms and conditions governing reimbursement for any
....J ~ ~~:" ¡.:~. - 4 -
,. -
assistance provided under this Agroèment shall be in aocordance
with the following provisions, unless otherwisQ agreed upon by
the involved Parties and spèci£ied in the written agreement
executed in accordanoe with paragraph 2.H. of th~s Agreement.
A. PERSONNEL - During the period of assistance, the Assis~-
1ng Party shall continue to pay its employees aocording to i~s
then prevailing ordinances, rules, regulations, and contracts.
The Requesting Party shall reimburse ~hø Assi9~ing Party for all
direct and indireot payroll costs and expenses incurred during
the period of assistance, including, but not limited to, employee
pensions and benefits as provided by Generally Accepted
Acoounting Principles (GAAP). ~he Requeeting Party shall
reimburse any amounts paid or due for compensa~~on to employees
of the Assisting Party under the terms of the Florida Workers'
compensation Act due to personal injury or death occurr~ng while
such employees are engaged in rendering aid under thi8 Âgreement.
While providing services to the Requesting party, employees of
the Assisting Pa:rty shall be oonsidered "borrow servants" of the
Rêquesting Party. and shall bê considered in the "dual employment"
with the Requesting and Assisting Parties, subjeot 'to i:he
supervision and control of both for purpo~~s of Chapter 440,
Florida Statutes. While the Requesting Party shall reimburse
t~e As~isting Party for payments madecin workers' compensation
bénefits required to be paid to its employees due to personal
injury or death, both the ReqllestiJ"\g and Assisting Party shall
enjoy immunity from civil prosecution as provided for in the
F~orida Workers' Compensation Act.
B. EQUIPMENT - The Assisting P;lcty shell be reimbursed for
the use of its equipment during i:he period of assistance acoord-
ing to either a pre-established hourly rate or according to the
êctual rep1aoement, operation, ônd maintenance expenses incurred.
,1)8 Assisting Party shåll pay for all repairs to its equipment as
determined necessary by its on-site supervisor(s) to maintain
such quipment in safe and operational condition. At the request
of the Assisting Party, fuels, miscellaneous supplies, and minor
repairs for the Assisting Party's equipment during the period of
assistance may be provided by the Requesting Party, if practical.
The total equipment charges ~o the RequeQ~ing Party shall b~
reduced by the total value of the fuels, supplies, and repairs
furnished by the Requê9ting Party.
c. MATERIALS AND SUPPLIES - The Assisting Party shall be
reimbursed for all materials and supplies furnishéd by it and
used or damaged during the period of assistance, unless such .
damage is caused by gross negligence, wilful or wanton miscon~
duct, intentional misuse, or reckle9sness of the Assieting
Party's personnel. The Assisting Party's Personnel shall use
reasonable care under the circumstances of a declared emergency
in the operation and control of all materials and supplies used
by them during the period of assistance.' The measure of
- 5 ..
IT¡90'd 600'oN lO:91 06'91 l)1J n 1 2:8-6f,£- tì06 I.JI"Jn-,::Jì::¡ I HiiHI -WI·~ I T Î
~
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reimbursement shall be the replacement cost of the materials and
supplies used or damaged, plus ten (10) percent of such cost. In
the alternative, the involved Parties may agree that the
Requesting Party will replaoe, with like kind and quality as
determined by the Assisting Party, the materials and supplies
used or damaged.
o. RECORD KEEPING - The Assisting Party shall maintain
records and submit invoices for reimbursement by the Roquesting
Party using formats recommended by FEMA publication DR&R 7 (Di-
saster Response and Recovery). Requesting Party finance person-
nel shall provide information, directions, and assistance for
record keeping to Assisting Party personnel.
E. PAYMENT - Unless otherwise mutually agreed in the writ-
ten agreement executed in aooordance with paragraph 2.H. or a
subsequent written addendum to the agreement, the Assisting Party
ahall bill the chief fiscal officer of the Requesting Party for
all reimbursable expenses with an ~tQm~z&d Notice not later than
sixty (60) days following the period of assistance; and the
Requesting Party sha1l pay the bill in fu~l not later than thirty
(30) days following the billing date. Unpaid bills shall become
delinquent upon the 31st day following the billing date and once
delinquent shall accrue intor9st 3t the rate of twelve (12)
pe~cent per annum.
SECTION 4. INSURANCE
Bach participating government shall bear the risk of its own
aotions, as it does with its day-to-day operations, and determine
for itself what kinds of insurance, and in what amounts, it
should oarry. If a partioipating government is insured, its file
shall contain a letter from its insurance carrier authori~ing it
to provide and receive assistance under this Agreement, and
indicating that there will be no 1apse in its insurance coverage
on employees, vehicles, or liabi1ity. If ð participating
governmént is self-insured, its file sha~l contain a copy of a
resolution authorizing its self-insurance program. A copy of the
insurance carrler' 8 J-,~~t(:'1' ·~n.: tho l.'-",->olution of self-insurance
shall be attached La the executed copy of this Agreement which is
filed with the Chief, Bureau of Planning, Division of Emergeno¥
Management; Florida Department of Community Affairs, 2740
Centerview Drive, Tallahassêé, Florida 32399. 1î:ach Assisting
Party shall be solely responsible for determining that its
insurance is current and adequate prior to providing assistance
under this Agreement.
SECTION 5. INDEMNIFICATION
Except as othe~ise specifically provided in this Agreement,
the Requesting Party shall indeMnify and hold the Assisting Pa~ty
ha.rmless, to the extent permitted by Florida law, from and
- 6 -
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agains~ any and all claims, demands, suits, ac~ions, damages, and
causes of action related to or ðriGin~ out of or in any way
connected with mutual aid assistancQ rendered or performed a~ the
Requesting Party's emergency or disaster site. The Requesting
Party shall defend any action or prooeeding brought against the
Assisting Party and shall indemnify and hold the Assisting Party
harmless from and against all costa, counael and trial and
appellate attorneys' fees, expenses, and liabilities incurred as
8 result of any such claims, demands, suits, actions, damages,
and causes of action, including the investiga~ion or the defense
thereof, and from and ag8ins~ any orders, judgments or deorees
which may be entered a9 a result thereof.
SECTION 6. LENGTH OF TIME FO~ EMERGENCY
The duration of such state of emergenoy declared by the
Requesting Party is 'limited to aeVèn (7) oalendar òays. xt may
be éxtended by the Requesting Party, if necessary, in 72-hour
increments.
SECTION 7. TERM
~
This Agreement shall be in effec~ for one (1) year frQm the
dàte hereof and shall automatically renew in successive one (1)
year terms unless terminated in writing by the pa~t1Q1pating
government. Written notice of such termination shall be made in
writing and shall be served personally or by registered mail upon
the Chief, Bureau of Planning, Division of Emergency Management,
Florida Department of ,Community Affairs, 2740 Centerview O~1ve,
Tallahassee, Florida 32399.
SECTION å. RFFECTIVE DATE OF THIS AGRE~MSNT
ThisrAgreement shall be in full force and effect upon ap-
proval by the participating govêrnment and upon proper execution
hereof. Each participating government shall file an exeouted
copy of this Agreement with the Chief, Bureau of Planning,
Division of Emergency Management, Florida Departmen~ of Community
Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399.
SECTION 9. ROLE OF DIVISION OF EMERGENCY MANÄGEMSNT
The only responsibi11t~es the Division of Emergency Manage-
ment, Florida Department of Community AffairQ shall hðve under
this Agreement are to serve as a centra1 depository for executed
Agreements, to maintain a current li9~ing of Partioipat1ng Gov-
ernments with their Authori~ed Representa~ives anò contaot infor-
mation, and to provide a copy of the listing to each of the
participating Governments on an annual basis during the second
quarter of the calendar year.
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SECTION 10~ SEVERABILITY
Should any portion, section, or subseotion of this Agreement
be held to be invalid by a court of competent jurisdiotion, that
fact shall not affeot or invðlidate any other portion,' section,
or subsection; and the remaining portions of this Agreement shall
remain in full force and effect ~ithout regard to the seotion,
portion, subseotion, or power inv~lidated so long as the primary
goals of tha Pa.rties can still bé effeotuated.
IN WITNESS WHEREOF, this Agreement haa baan du~y approved in
regular session of this gove~ning body the da.y of
, 19 .
GOVERNMENT:
BY:
(Mayor/Ch~1r)
................1 (Typed Name and Title)
ATTEST: (AFFIX
(Clerk) SEAL)
¡ (Typed Name and Title)
ATTACH INSURANCE LETTER OR RESOLUTION.
MAIL AN EXECUTED COpy OF THE AGRSEMENT TO:
Chief, Bureau of Planning
Division of Emergency Management
Florida Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399
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PUBLIC WORKS MU~UAL AID AGREEMENT APPENDIX A
Date:
Name of Government:
Mailing Address:
Ci ty, State, Zip:
Authorized RepresentativéB to Con~act for Emergency Assistance:
Primary Representative
Name:
Title:
Address:
Day Phone Night Phone
FAX No.:
.,
1st Alternate ReQreaentativê
,
Name:
Title:
Address:
Day Phone Night Phone
2nd Alternate Representative
Name:
Title:
Address:
Day Phone Night Phone
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PUBLIC WORKS MUTUAL AID AGREEMENT APPENDIX B
.
I~ is recommended ~ha~ ~he £ollowtng eample letter or telegram be
used when requesting assistance: Date:
~Name & Address of Assisting Government)
SUBJECT; Assis~ance Request
In recogn~tion of ~he personnel, equipment, or other emergenoy
assistance being sent to US by your government in accordanoe wi~h
a telephone request from our Mr.
to your Mr.. on , 'We
agreed to be bound by the Public Works Mutua1 Aid Agreement, with
the following exceptions and additions:
(Insert any mutual1yagrêesble changes or exoeptions here.)
RequoQting Government Name:
Address:
..."
, Authorized Representative'e Signature:
¡ , .'
Typed Name and Title: -
FAX No~:
REPLY; Oate: ,
f
This government agrees to provide the emergency assistance re-
quested by the governmènt of and agrees to be
bound by the Public Works Mutual Aid Agreement with the exoep-
tions &nd additions noted above.
Assisting Government Name:
Address:
-
Authori~ed Representative's Signature:
Typed Name and Title:
FAX No.:
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/7'1
SUBJECT: AGENDA ITEM # q ::T - MEETING OF DECEMBER 11, 1990
RATE AGREEMENT - FLORIDA POWER AND LIGHT
DATE: December 6, 1990
The Commission is to consider approval of the new Rate Agreement
with Florida Power and Light for electric service to the Water
Treatment Plant. The Commercial/Industrial Load Control (CILC)
Rate would take effect upon completion of the installation of the
900KW generator and could save the City approximately $25,900 per
year through this rate.
Recommend approval of the new Rate Agreement with Florida Power
and Light for electric service to the Water Treatment Plant.
I
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Agenda Item No. :
AGBBDA BBQOBST
Date:
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: 12/11/90
Description of agenda item (who, what, where, how much):
Approve new Rate Agreement with Florida Power & Light for electric service to the Water
Treatment Plant. The rate study indicates an annual savings of $25,900.
ORDIKAHCEI RESOLUTIOB REQUIRED: YES;@ Draft Attached: YES/@
Recommendation: Approve the new agreement with Florida Power & Light once the 900KW
¡.. qenerator is installed at the Water Treatment Plant.
Department Head Signature: ~ø,P ~..__O /2/3/rtJ
Detex.ination of Consistency with Coaprehensive Plan:
~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~/ NO ~~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
· fØ Bo< 24œ, 0.1", B"': R ~'-24œ
I=PL t Nav 0 D 1990 I
,
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Mr. William H. Greenwood November 6, 1990
Director of Environmental Services
city of Delray Beach
100 NW 1 Ave.
Delray Beach, Fl. 33444
Re: Commercial/Industrial Load Control Rate
Delray Beach Water Plant
Dear Mr. Greenwood:
Enclosed is an updated information package concerning the
commercial/Industrial Load Control (CILC) Rate. Upon completion of
the installation of the 800 KW generator at the Water Plant, the
City could save approximately $25,900 per year through this rate.
In May, 1990, I met with Calvin Johnson and gave to him a rate
analysis which compared the City's existing electric bills with the
projected bills under the CILC rate. The enclosed package contains
a further explanation of the CILC rate and up-to-date rate
comparisons.
If you decide to utilize the CILC rate, please sign the Commercial I
/Industrial Load Control Program Agreement in the Appendix and
return it to me. Please call me if you require any further
information concerning the CILC rate. My telephone number is (407)
265-3104.
Sincerely Yours,
./lG ILfiJ.
A. G. Russillo, Jr.
FPL Account Manager
an FPL Group company
.. ~""" ,
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COMMERCIAI.ANDUSTRIAL LOAD CONTROL PROORAM AGREEMENT
~ Agrœment å made thå _ day of .19-, by and between City of Oe1ray Bch{bereinaf1et called the
"Customer"), and FLORIDA POWER " UGHT COMPANY, a corporaa ~ under the Jaws of the State of Aorida,
(hereinafter caJled the "Company").
WITNESSETH
For and in coosidcnubn of the mutual ~ and agrecmcDIS cxp.~ bcraø, the Company and the Cuuomer agree as
follows:
1. 1bc Compauy agrees to fumish and the Cus10mcr agrees to take eltecUV: SCIYiœ subject to the tenns and conditions of
the" Company's CommcrciaJlIndtßtrial Load Control Program ScheduJc CILC-1 (hereinafter called "Schedule Cll..C-l") as
currentJy approved or as may be modified from time to time by the Florida Public SeMcc Commission (hereinafter ællcd
the "Commission"). The Customer undemaDds and agrees that. wbeocYer rebc:oœ is made in om Agrccmcnl to Schedule
œ..c 1. both panics inteDd to refer to Schedule CILC-l as it may be morti6M from time to time. A copy of the Company's
presentJy approved Scbedule cn.c-l is attached hereto as Exh1òit A and bcn:by made an integral pan of om AgreemenL
2 To esrabJM the initial qua1ificaûon for service under Schedule cn.c-1. the CusIomer must have bad an on-peak demand
during the pl'eYX>US twelve months of 500 kw greater than the "Fum DcmaDd" ~ speciðed in paragraph 7 below.
3. The Company and the Customer agree that Schedule CII...C-l may be mcdificd or withdrawn subject to determinations
made UDder Commission Rule 25~0438, F.A.c., Non-Fum EJearic SeJViœ . Terms and Conditions, or any other Commission
detemùnatbn.
4. Poor to the Customer's reœipt of service under Schedule cn..c"1 the OJStOmer must proWJc the Company access to
inspect any and an of the û.Jstomer's load coDtlO1 cquiplDlCDl. and must aIIo have IcœM:d appl'OY81 from the Company
that said equipment å saûsfaclory to effi:c:t control of the CusIomcr's load. The Customer- shall be responsible for meetmg
any applicable eJec:uicaI code standards and JcpI rcquiremcøts penainins 10 the insraUatioD, mainlœanoc and repair of the
equiPJDCÐL. The CPstomer sbaJl be respoasiblc fOr mainblin~ the O~ bid cœuol cquiplll&:lJ1 and lball provide the
Company IIOOCSS at any æasoaablc time 10 ÍDSpCCt the c:oadi1bD of the equipmeDt iJr purpœca of dcIcrmiDiDg wbether the
lead control cquípmcm is satisf'actory to dfec:t CIODIIOI of the O~ c:oasroDablc Iœd. It is e:xpressIy ~ that
the initial appl'OY81 and later iD.spccWos by the Company are not iJr the purpœc of, and are DOt to be relied upon by the
Q.asfomer tor, determining wbcther the load cxmuol equiplDCOl bas been adequacdy mainblinrrl or is in compliance with any
applicable elearical code standank or legal requirements.
5. Upon oomplction of the ins1a1Iation of the load cxmtrol equipment, a test of this equipment will be conducted at a time
and date mutually agreeable to the Company and the CusIomcr. The lest wiJl consist of a period of load oontrol of nOI
less than one hour. Effccûooe upon the compleûon of the testing of the load control equipment. the Customer will agree
to a "Fmn Demand".
6. The Customer estimates and the Compauy agrees to use an initial Ie\oel of control seMcc of 689 kw for the
Company's pwpœes of ew1uatin8 the trI'IYUnUID IcYcl of c:oauoDabJe load KJe.I,;r-¡ in "ümi1atbn of Awi1ability" in Schedule
aLCL This iniûaJ IcYd shall DOt c:m:ed the maximum demand during the prevÐus 12-month period for existing customers.
7. The aaaomcr a~ 10 a "F'mn Demand" Ieod of 0 kw during the pemds wbcn the Company is controlling the
OJstomer's service. TIm "F'øm Demand" bel shall not be ~weeded durinø a period of load control Upon mutual
agrccmcn1 of the Company and the CustOmer, the Customer's Fmn Demand may suhscqucntJy be ra~ or Joo.\ered, as long
as the change in the "Fmn Demand" IcYd ø not a result of a transfer of load from the controlJable portion of the Customers
bad. SeIYiœ under om schedule will be subject to detemúnaÛODS made under Commission Rule 25-6.0438, F AC, Non-
Fmn Service ·Tenns and Conditions, or any other Commission detenninatbn.
8. 1ñc Customer agrees to perform the neoeg,ary changes, by the end of the calendar year 1991 . to allow control of a
portion of the Customer's load. Schedule CILC-l canna I apply earlier than this designated calendar year unless agreed 10
by the Company.
L
SbouJd the Customer fail to complete the aboYc 1IrOrk by the c:alcndar year dto:!tig11Ated, or should the Customer fa¡¡ to
begin taking servioe under Schedule CJLC-l during that year, 11m Agrcemcnt shall become nun and wid. In order to
rcceÌYC seMc:c under Schedule CJLC-1, it shaD be oeœssary for the Customer to c:œcute a new Agrœd)CtJt, whic± will
again make the availability of seMœ subject to the -Umitation of Availability" in Schedule CILC-l.
9. The a..tomer agrees to be mspomiblc for the detamination that all eIccuical equipment to be controlled D in px1
repair and 1IrOrking condiôon. The Company sbaJl not be rc:spoœblc fix the repair, maintenance or rcp~ cl the
OJstomer's equipment.
10. U the OJsromer no longer wishes to I'CICCiYC any type of dcaΠscMce from the Company, the Customer may temu:ate
this Agrœment by giving thirty (30) da)'s' adY8ucc wrinen noûcc to the Company.
11. The Company may tenninate this Agreement at any lime if the Customer's f:a.m to comply with the teJ'1œ and condirons
of Schedule CILC-l or this Agn:emcm. POOr to any sucb Iem1ination, the Company shall notify the ~ at ì::ast
ninety (90) days in advance and describe the Cœtomer's milwe to comply. The Company may then terminate :his
Agreement at the end of the 9<kfay noûcc peri:Jd unless the Customer takes measures necessary to eliminate, to the
Company's saûsfacûon, the complianœ c:le&:ien..... described by the Company. Notwitltaantfn,g the foregoing. if, at any
time during the 9<kfay perb1. the Cvstonn- eùher reftø:s or f:a.m to iDitiIue and pursue com:cti¥e ac:OOn, the Compmy
shall be entitled to suspend forthwith the DJOD1bJy billing under the Scbcdu1e CJLC-l and bm the CJstomer under the
otherwœ applicable fum service rate 8ChcduIc.
12 The Customer agrees that the Company will not be liable for any damages or injuries that may occur as a resut of
control of electric scMce pursuant to the tenDS of SctJed.\k æ.c-1 by remote control or otherwise.
13. This Agmema1t supeøcdea aU ~ asr~ and ìlCp~tions, eitber written or oral, ~tbæ made be~
the Company and the ~mer wùh respect to matfelS bI=ìn colWlÌDOd. Arty modification(s) of this ~t m:st
be appn:M:d, in writing, by the Company and approYed by the Cornmi1sr;)n.
14. This Agreement may not be ~ by the OMtœn without the pmr written consent of the Company.
15. This Agrœment D subject to the Company's "Geoeral Rules and ReguJations for E1ec:tric Service- and the Rules of tie
CommissK>n.
IN WITNESS WHEREOF, the OJsromer and the Company ha\'C caused 11m ~t to be duly ~.teð as of the day D:1
year first aboYe written.
CUSTOMER
Witnesses: Company:
Signed:
Name:
TItle:
Witnesses: FWRIDA PO - R " LIGHT COMPANY
Signed:
Name:
TItle:
- '.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #~ - MEETING OF DECEMBER 11, 1990
COMMUNITY POLICING PROGRAM
DATE: DECEMBER 7, 1990
The item before the Commission is that of approval for the appropriation of
funds in the amount of $95,000.00 from the Law Enforcement Trust Fund for
support of the Community Policing Program.
The Community Policing concept involves establishing a more intimate
relationship between the Police and members of a given neighborhood through the
use of stabilized zone assignment, foot patrol, bicycle patrol and problem
solving. This program has been developed in cooperation with Michael D.
Wiatrowski, Ph. D. , Department of Criminal Justice at Florida Atlantic
University.
A proposed Community Policing Program budget is provided in the accompanying
backup. FAU participation total cost will be $88,133; the balance of the
requested $95,000.00 appropriation will be for cost items identified by the
Police Department. Funding is available via the Law Enforcement Trust Fund.
Also provided in the backup is a listing of short range goals (45 to 60 days),
intermediate goals (60 to 150 days), and long range goals which have been
identified by the Delray Beach Police Department with respect to this program.
Recommend approval of appropriation of funds from the Law Enforcement Trust Fund
for the Community Policing Program in the amount of $95,000.00
Agenda Item No. :
AGENDA REQUEST
Date: December 3, 1990
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: December 11, 1990
Description of item (who, what, where, how much) :
Appropriation of funds from the Law Enforcement Trust Fund account
for the Community Policing Program in the amount of $95,000.00.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
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Recommendation: Police Chief and City Manager recommends approval.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
~Department Head Signature: .
~,... ,;Jhw~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available:Q/ NO (if applicable)
Funding alternatives: ~~1 porca 1. £NÎ
Account No. & Description: LM^J T R VeT FH iLf"
Account Balance:
City Manager Review:
Approved for agenda:@ NO !l1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
Delray Beach Police Department lI1 ~
300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 _ .
(407) 243-7888 Fax (407) 243-7816
RICHARD M. LINCOLN
Interim Chief of Police
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~tv
Richard M. Lincoln, Interim Police Chief
DATE: December 3, 199Ø
SUBJECT: ǺMMºN!ïX_~º~!Ç!Ng_~BºgBAM
In accordance with discussions at previous meetings, I have
identified a proposed budget in cooperation with Dr. Wiatrowski
of Florida Atlantic University, and would request at this time
that we proceed in appropriating funds from the Law Enforcement
Trust Fund to support this new Community Policing program.
Obviously, as this new program will address drugs within the
neighborhoods, an alternative solution to problems like this, the
expenditure of LETF monies will be appropriate.
I have included in this request a copy of the short,
intermediate, and long range goals that the Police Department has
identified, as well as copies of Dr. Wiatrowski's proposed budget
and cost items identified by the Delray Beach Police Department
that will be a part of the Community Policing Program. This item
will be included on the December 11, 199Ø, City Commission
agenda.
RML/gb
Attachments
AN INTERNATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY
. ., ..__. . NOIJ-3Ø-'gø FRI 16:29 ID: TEL NO: f:t015 P02 --.
. FLORIDA ATLANTIC UNiVeRSITY
p.o. BOX 3091
BOCA RATON. FLOFlICA 334õJ1-OQS1
Department of Criminal Justice
(407) 387·3240
30 November 1990
Chief Rick Lincoln
Delray Beach police Department
200 West Atlantic Avenue
Delray Beach, Florida
Dear Chief Lincoln:
Based on our conversation with Mr. Harden on Wednesday I contacted
the University Division of sponsored Research. We ex:aminad the
figurea which were initially proposed and would like to submit the
proposed budget. We believe that this will allow us to accomplish
the goal of implementing and evaluating a comprehensive community
þollclng program in Delray Beach.
TO accomplish the preliminary work on this project and to implement
the short range goals I would request that I be retained as a
consultant for 25 days at $500 per day. The total cost of the
project with the consultant fee will be $88,133.
The following attached budget has been reviewed and will be used
to prepare a contract betwèen the university and the city of De1ray
Beach.
Thank you for your ðaai6tance in this project.
Sincerely, 0
dÆdtd .~
ichael D. Wiatrowski, Ph. D.
'"
An Affirm,rivt!! Action/Equal Opportunity Institution
..- ....... NOV-30-'9Ø FRI 16:30 ID: TEL NO: tt015 P03
University Budget
personnel Expenses
Dr. Wiatrowski Summer 1991 .75 FTE $10,870
Dr. Campoverde Summer 1991 .5 FTE 6,449
Graduate Student 10,000
Secretary 2,000
$29,319
Project Expenses
Dr. campoverde as consultant for Spring $ 2,500
Five Adjunct positions at $2,500 each 12,'00
Survey of police department - 200 at $20 4,000
Survey of community - 800 at $20 16,000
Travel 2,500
Computer Time 1,50Ø
Reproduction 1,500
$40,500
subtotal 29,319
Indirect Expen8ea 6,414
Total 76,133
Please note that the use of adjuncts will allow for the utilization
of Dr. Campoverde during the Fall at a .25 FTE and Dr. wiatrowski
during the Spring and Fall at a .4 FTE rate.
DELRAY BEACH POLICE DEPARTMENT
COMMUNITY POLICING BUDGET
ITEM COST/ITEM TOTAL COST
FAU PARTICIPATION $ 88,133.00
UNIFORMS
SHIRTS, 35 $ 22.00 $ 770.00
SHORTS, 35 $ 25.00 $ 875.00
CAP S , 15 $ 6.00 $ 90.00
EQUIPMENT
BEEPERS. 1 PER OFFICER, 5 $144.00/YEAR $ 720.00
OFFICERS
ASP'S & CASES 1 PER $ 52.00 $ 260.00
OFFICER, 5 OFFICERS
BUSINESS CARDS $ 45.00 $ 225.00
ALL TERRAIN BIKES $600.00 $ 2,400.00
BIKE ACCESSORIES $150.00 $ 150.00
BIKE MAINTENANCE $150.00 $ 600.00
GRAND TOTAL: $ 94.224.00
SHORT RANGE GOALS 45-60 DAYS
1. Conduct Familiarization Training
a. Develop a two hour orientation program on community
policing to be given in training sessions to small groups. This
will need to be offered six or eight times to facilitate the
involvement of the officers in the discussion.
2. Officer Selection
a. During the familiarization training, officers will be
invited to apply for the community policing positions.
b. The selection process needs to begin identifying criteria
describing the functions of the community policing officers in the
community.
c. We should begin to identify the training requirements for
the community police officers.
3. Neighborhood Identification
a. We may wish to obtain census data on neighborhoods in
Delray Beach to document characteristics of the communities.
b. We should survey neighborhoods to determine problems and
priorities.
c. We need to develop a framework to extend the community
policing perspective to all neighborhoods of the city. The problem
solving orientation should be developed as an integral part of the
police officer function. Communities differ in their problems and
concerns. This will place the officers in a proactive and
preventive orientation in their performance that is responsive to
every neighborhood in the city.
4 . Solicit Community Support
a. We should begin identifying community representatives and
involving them in the design and implementation of the program.
b. We should describe the relationship of community policing
to community development.
c. We should begin to develop a mechanism for training
citizens in understanding and implementing the goals of community
policing and community development. We may want to develop a
weekend or evening resident community academy. The goal of this
would be to assist the community in becoming more effective as a
community and understanding the police role in the process.
5. Survey department
a. survey of department to establish baseline information on
the implementation of community policing.
INTERMEDIATE GOALS 60 TO 150 DAYS
1. Identify community, governmental and social agency resources
a. An important goal here is to apprise the city governmental
agencies of their integral role here in community policing and to
integrate their efforts.
b. A model of the community should be developed which
integrates the roles of housing, economic development, education,
community social services, and community policing.
2. Survey neighborhoods
a. Develop instrument to survey neighborhood to develop
baseline information on crime, community problems, fear of crime.
b. Develop criteria for selection of neighborhoods
c. Select target neighborhoods.
3 . Establish community policing substation
a. Develop relationship with housing to establish substation.
b. Formation of community group and identification of
community concerns.
c. Develop community leadership and skills
4. Identify contributing factors
a. Using survey, community and police problem solving
techniques,
b. Develop community plan for implementation
5. Develop reporting system for police officers
a. Here it is critical to develop an accountability system
which avoids the traditional measures of police accountability and
which measures the impact of the officer on the community in
relation to community policing goals.
6 . Advanced training for community police officers
a. A training course which develops the skills and
orientation of officers to community policing philosophy.
-crime and problem analysis
-interpersonal and community organization skills
-governmental and agency relation skills
7. Begin process of community development in consultation with
community, government and agencies in relation to designated areas.
8. Begin the process of orienting the entire department to the
principles of community policing.
a. Extension of community policing skills to the department.
LONG RANGE GOALS
1. Conduct survey after one year of the neighborhood and community
and the police department of the implementation of community
policing.
a. After a one year period the department and officers will
be resurveyed
2. A critical assessment of the implementation of the community
development plan will be conducted after one year
3. Maintenance of neighborhood improvements to the community.
a. neighborhoods should be assessed to determine if the
improvements have been made permanent.
4. A critical assessment of the integration of community policing
into the entire department will be conducted.
-
~
Community Policing
Dr. Michael D. Wiatrowski
Traditional policing strategies have been characterized as
predominantly reactive-responding to crime after it has emerged as
a significant problem in the community. As police go from one call
to another they are increasingly viewed as isolated from the public
which they are sworn to serve. The growing public frustration with
this approach has ".resulted in a search for a new solution to the
problem of providing police services to the community.
In recent years there is signficant evidence that a new model of
policing is emerging with a philosophy fundamentally different from
the traditional model. In this model the police are no longer
viewed as having sole responsibility for the crime problem in the
comrnmunity. Instead, crime is viewed as a problem eminating from
social structural, environmental, psychological and governmental
factors within the community.
Community policing recognizes that well functioning communities and
neighborhoods are those where citizens view their communities as
safe, where the schools are effective, where government and human
services are responsive, where the housing is affordable and
desirable, where the community is organized and can articulate its
needs and wishes, where adolescents have employment and a place in
the community. The police are therefore but one element of
communities which are desirable places to live.
Community policing places the police in a partnership with their
communities. It is oriented towards involving police with
communities in analyzing and developing solutions to their
problems. It places a great deal of emphasis on decentralizing the
organization of the police departments and giving officers the
autonomy and trusting their judgement to work with communities and
to solve recurring problems which erode the quality of life in
neighborhoods.
Communities vary in their composition, structure and concerns.
In well organized communities, the police assume a relatively minor
role insuring that community problems are dealt with and
deterioration does not occur. In disorganized communities, the
police will assume a broader role facilitating the development of
community structure in conjunction with citizens and government.
Community policing requires a philosophical and organizational
change in the way policing is conducted. The emphasis is on
community involvement, decentralization and involvement of the
police, the prevention of crime and the solution of problems and
the development of significant public involvement in the problems
of the community.
Trojanowicz, Robert and Bonnie Bucqueroux, Community Policinq: A
1990 Contemporary Perspective, Anderson Press
U.S, Department of Justice
Natìonallnstitute of Justice \
June 1988 No.1
A publication of the National Institute of Justice, U.S. Dc:panment of Justice, and the Program in Criminal Justice Policy and Management,
John F. Kc:nnedy School of Government, Harvard University
Police and Communities:
the Quiet Revolution
By George L. Kelling
Introduction
This is one in a series of repons originally developed with
A quiet revolution is reshaping American policing. some of the leading tigures in American policing during
their periodic meetings at Harvard University's John F.
Police in dozens of communities are returning to foOl Kennedy School of Government. The repons are published
patrol. In many communities, police are surveying citÎ- so Ihat Americans interested in the improvement and the
zens to learn what thev be!ìc:ve to be their most serious future of policing can share in the infonnation and perspec-
neighborhood problems. Many police departments are lives that were part of extensive debates at the School's
tinding alternatives to rapidly responding to the majority Executive Session on Policing.
of calls for service. Many departments are targeting re- The police chiefs, mayors, scholars, and others invited to
sources on citizen fear of crime by concentrating on dis- the meetings have focused on the use and promise of such
order. Organizing citizens' groups has become a priority strategies as community-based and problem-oriented polic-
in many departments. Increasingly, police departments ¡ng. The testing and adoption of these strategies by some
are looking for means to evaluate themselves on their police agencies signal imponant changes in the way Amer-
contribution to the quality of neighborhood life. not just ¡can policing now does business. What these changes mean
crime statistics. Are such activities the business ofpolic- for the welfare of citizens and the fulfillment of the police
mission in the next decades has been at the heart of the
ing? In a crescendo, police are answering yes, Kennedy School meetings and this series of pa~ers.
True, such activities contrast with popular images of We hope that through these publications police officials
police: the "thin blue line" separating plundering villains and other policy makers who affect the course of policing
from peaceful residents and storekeepers, and racing will debate and challenge their beliefs just as those of us
through city streets in high-powered cars with sirens wail- in the Executive Session have done.
ing and lights flashing. Yet, in city after city, a new The Executive Session on Policing has been developed
vision of poliCing is taking hold of the imagination of and administered by the Kennedy School's Program in
progressive police and gratified citizens. Note the 1987 Criminal Justice Policy and Management and funded by
report of the Philadelphia Task Force. Dismissing the the National Institute of Justice and private sources that in-
notion of police as Philadelphia's professional defense elude the Charles Stewart MOlt and Guggenheim Foundations.
against crime, and its residents as passive recipients of James K. Stewart
police ministrations, the report affinns new police values: Director
Because the current strategy for policing Philadelphia National Institute of Justice
emphasizes crime control and neglects the Depart- u.s. Department of Justice
ment's need to be accountable to the public and for a Mark H. Moore
partnership with it, the task force recommends: The Faculty Chainnan
police commissioner should fonnulate an explicit mis- Program in Criminal Justice Policy and Management
sian statement for the Department that will guide plan~ John F. Kennedy School of Government
ning and operations toward a strategy of "communiry" Harvard University
,
or "problem solving" policing. Such a statement should the overall strategy of police departments. What are some
be developed in consultation with the citizens of of these strategic changes?
Philadelphia and should reflect their views. (Emphases
added.)
These themes-problem solving, community policing, " Citizens conceded to police that crime was
consultation, partnership, accountability-have swept a problem, but were more concerned about
through American policing so swiftly that Harvard Uni- daily incivilities that disrupted and often de-
versity's Professor Mark H. Moore has noted that "We
in academe have to scramble to keep track of develop- stroyed neighborhood social, commercial, and
ments in policing." Professor Hennan Goldstein of the political life "
University of Wisconsin sees police as "having turned a
comer" by emphasizing community accountability and
problem solving. Defense of a community
The new model of policing Police are a neighborhood's primary defense against dis-
order ~nd crime, right? This orthodoxy has been the basis
What corner has been turned? What are these changes ?f pol~ce ~trate~y for a generation. What is the police
that are advancing through policing? Job? FlghtlOg ~nme. How do they do this? Patrolling in
cars, respondmg to calls for service, and investigating
Broken windows ~rimes: What is t~e role of.citizens in all of this? Suppon-
In February 1982, James Q. Wilson and I published an 109 poll~e by calling them ¡ftrouble occurs and by being
good witnesses.
article in Atlantic known popularly as "Broken Win- But using our metaphor, let us again ask the question of
dows." We made three points. whether police are the primary defense against crime and
1. Neighborhood disorder-drunks, panhandling, youth disorder. Are police the "thin blue line" defending neigh-
gangs, prostitution, and other urban incivilities-creates borhoods and communities? Considering a specific exam-
citizen fear. pIe might help us answer this question. For example,
2. Just as unrepaired broken windows can signal to should police have primary responsibility for controlling
people that nobody cares about a building and lead to a neighborhood youth who, say, is bullying other
more serious vandalism, untended disorderly behavior children?
can also signal that nobody cares about the community Of course not. The first line of defense in a neighborhood
and lead to more serious disorder and crime. Such sig- against a troublesome youth is the youth's family. Even
nals-untended property, disorderly persons, drunks, if the family is failing, our immediate answer would not
obstreperous youth, etc.-both create fear in citizens and be to involve police. Extended family-aunts, uncles,
attract predators. grandparents-might become involved. Neighbors and
3. If police are to deal with disorder to reduce fear and friends (of both the parents and youth) often offer assist-
crime, they must rely on citizens for legitimacy and ance. The youth's church or school might become
assistance. involved.
"Broken Windows" gave voice to sentiments felt both by On occasion police will be called: Suppose that the youth
citizens and police. It recognized a major change in the is severely bullying other children to the point of injuring
focus of police. Police had believed that they should deal them. A bullied child's parents call the police. Is the
with serious crime, yet were frustrated by lack of success. bully's family then relieved of responsibility? Are neigh-
Citizens conceded to police that crime was a problem. bors? The school? Once police are called, are neighbors
but were more concerned about daily incivilities that relieved of their duty to be vigilant and protect their own
disrupted and often destroyed neighborhood social, com- or other neighbors' children? Does calling police relieve
mercial, and political life. "We were trying to get people teachers of their obligation to be alert and protect children
to be concerned about crime problems," says Darrel from assault? The answer to all these questions is no.
Stephens, fonner Chief in Newport News and now Execu- We expect families, neighbors, teachers, and others to
tive Director of the Police Executive Research Forum, be responsible and prudent.
"never understanding that daily living issues had a much If we believe that community institutions are the first line
greater impact on citizens and commanded their time and
attention. " of defense against disorder and crime, and the source of
strength for maintaining the quality oflífe, what .,hould
Many police officials, however, believed the broken win- the strategy of police be? The old view was that they
dows metaphor went further. For them, it not only were a community's professional defense agamst crime
suggested changes in the focus of police work (disorder, and disorder: Citizens should leave control of crime and
for example), it also suggested major modifications in maintenance of order to police. The new strategy is that
police are to stimulate and buttress a community' s ability
to produce attractive neighborhoods and protect them
2
against predators. Moreover, in communities that are 100 calls to the police department during the past year.
wary of strangers, police serve to help citizens tolerate In fact, they have known intuitively what researchers
and protect outsiders who come into their neighborhoods Glenn Pierce in Boston and Lawrence Shennan in Min-
for social or commercial purposes. neapolis have confinned through research: fewer than 10
percent of the addresses calling for police service generate
But what about neighborhoods in which things have got- over 60 percent of the total calls for service during a
ten out of hand-where, for example, predators like drug gi ven year.
dealers take over and openly and outrageously deal drugs
and threaten citizens'? Clearly, police must playa leading Indeed, it is very likely that the domestic dispute described
role defending such communities. Should they do so on above is nothing new for the disputing couple, the neigh-
their own, however? bors, or police. More likely than not. citizens have pre-
Police have tried in the past to control neighborhoods viously called police and they have responded. And, with
each call to police, it becomes more likely that there will
plagued by predators without involving residents. Con- be another.
cerned, for example. about serious street crime, police
made youths, especially minority youths, the targets of This atomistic response to incidents acutely frustrates
aggressive field interrogations. The results, in the United patrol officers. Hennan Goldstein describes this frustra-
States during the 1960's and more recently in England tion: "Although the public looks at the average officer as
during the early 1980's, were disastrous. Crime was a powerful authority figure, the officer very often feels
largely unaffected. Youths already hostile to police be- impotent because he or she is dealing with things for
came even more so. Worst of all, good citizens became which he or she has no solution. Officers believe this
estranged from police. makes them look silly in the eyes of the public." But,
Citizens in neighborhoods plagued by crime and disorder given the routine of police work, officers have had no
alternative to their typical response: Go to a can, pacify
were disaffected because they simply would not have things, and leave to get ready for another call. To deal
police they neither knew nor authorized whizzing in and with the problem of atomistic responses to incidents,
out of their neighborhoods "takin' names and kickin' Goldstein has proposed what he cans "problem-oriented
ass." Community relations programs were beside the policing. "
point. Citizens were in no mood to surrender control of
their neighborhoods to remote and officious police who
showed them little respect. Police are the first line of " Stated simply, problem·oriented policing is a
defense in a neighborhood? Wrong-citizens are! method of working with citizens to help them iden-
Defending communities-from incidents to tify and solve problems"
problems
The strategy of assisting citizens maintain the quality of Stated simply, problem-oriented policing is a method of
life in their neighborhoods dramatically improves on the working with citizens to help them identify and solve
fonner police strategy. To understand why, one has to problems. Darrel Stephens, along with Chief David
understand in some detail how police work has been Couper of Madison, Wisconsin, and Chief Neil Behan
conducted in the past. GeneralIy, the business of police of Baltimore County, Maryland, has pioneered in prob-
for the past 30 years has been responding to calls for lem-oriented policing. Problems approached via problem-
service. oriented policing include sexual assault and drunk driving
in Madison, auto theft, spouse abuse, and burglary in
Newport News, and street robbery and burglary in Balti-
" Beat officers . . . have known intuitively what more County.
researchers . . . have confirmed . . . : fewer than Stephens's goal is for "police officers to take the time to
10 percent of the addresses callingfor police service stop and think about what they were doing." Mark Moore
generate over 60 percent of the total calls for service echoes Stephens: "In the past there were a small number·
during a given year" of guys in the police chief's office who did the thinking
and everybody else just carried out their ideas. Problem
solving gets thousands of brains working on problems."
For example, a concerned and frightened citizen calls
police about a neighbor husband and wife who are fight- The drive to change
ing. Police come and intervene. They might separate the
couple, urge them to get help, or, if violence has occurred, Why are these changes taking place now? There are three
arrest the perpetrator. But basically, police try to resolve
the incident and get back into their patrol cars so they reasons:
are available for the next call. Beat officers may well
know that this household has been the subject of 50 or
3
1. Citizen disenchantment with police services; N~v~r m.ind th.at patrol officers have the most important
2. Research conducted during the 1970's; and, mission In pollee departments: They handle the public' s
3. Frustration with the traditional role of the police most pr~ssmg problems and must make complex decisions
a1most.l~stantaneously. Moreover, they do this with little
officer. SupervIsIOn or training. Despite this, police administrators
treat patrol officers as if they did little to advance the
1. Disenchantment with police services-At first, it seems organization's mission. The salaries of patrol officers also
too strong to say "disenchantment" when referring to reflect their demeaned status. No wonder manv officers
citizens' attitudes towards police. Certainly citizens ad- have grown cynical and have turned to unions for leader-
mire and respect most police officers. Citizens enjoy ship rath~r th~~ to police executives. "Stupid management
contact with police. Moreover, research shows that most made Unions, says Robert Kliesmet, the President of the
citizens do not find the limited capability of police to International Union of Police Associations AFt-ClO.
prevent or solve crimes either surprising or of particular
concern. Nevertheless, there is widespread disenchant- The basis for new optimism
ment with police tactics that continue to keep police of-
ficers remote and distant from citizens. Given these circumstances, what is the basis of current
Minority citizens in inner cities continue to be frustrated optimism of police leaders that they have turned a corner?
by police who whisk in and out of their neighborhoods Optimism arises from four factors:
with little sensitivity to community norms and values. 1. Citizen response to the new strategy;
Regardless of where one asks, minorities want both the
familiarity and accountability that characterize foot pa- 2. Ongoing research on police effectiveness;
tro!. W orking- and middle-class communities of all races 3. Past experiences police have had with innovation; and
are demanding increased collaboration with police in the
determination of police priorities in their neighborhoods. 4. The values of the new generation of police leaders.
Community crime control has become a mainstay of their 1. Citizen r~ponse- The overwhelming public response
sense of neighborhood security and a means of lobbying
for different police services. And many merchants and to community and problem-solving policing has been
affluent citizens have felt so vulnerable that they have positive, regardless of where it has been instituted. When
turned to private security for service and protection. In queried about how he knows community policing works
private sector terms, police are losing to the competi- in New York City. Lt. Jerry Simpson responds: "The
tion-private security and community crime control. Dist~ct Commanders' phones stop ringing." Simpson
contmues: "Commanders' phones stop ringing because
2. Research-The 1970's research about police effective- problems have been solved. Even skeptical commanders
ness was another stimulus to change. Research about soon learn that most of their troubles go away with com-
preventive patrol, rapid response to calls for service, and munity policing." Citizens like the cop on the beat and
investigative work-tnp three mainstays of police tac- enjoy working with him/her to solve problems. Crisley
tics-was uniformly discouraging. Wood, Executive Director of the Neiehborhood Justice
Network in Boston-an agency that has established a
Research demonstrated that preventive patrol in au- network of neighborhood crime control organizations-
tomobiles had little effect on crime. citizen levels of fear, puts it this way: "The cop on the beat. who meets regularly
or citizen satisfaction with police. Rapid response to calls with citizen groups. is the single most important service
for service likewise had linle impact on arrests, citizen that the Boston Police Department can provide."
satisfaction with police. or levels of citizen fear. Also,
research into criminal investigation effectiveness
suggested that detective units were so poorly administered " The cop on the beat, who meets regularly with
that they had little chance of being effective. citizen groups, is the single most important service
3. Role of the patrol officer -Finally, patrol officers have that the Boston Police Department can provide"
been frustrated with their traditional role. Despite pieties
that patrol has been the backbone of policing, every police
executive has known that, at best, patrol has been what Te.stimonies aside, perh~ps the single most compelling
officers do until they become detecti ves or are promoted. eVidence of the populamy of communiry or problem-
At worst, patrol has been the dumping ground for officers solving policing is found in Flint. Michigan, where. it
who are incompetent, suffering from alcoholism or other will be recalled, citizens have twice voted II' Increase
problems, or simply burned out. High status for police their taxes to maintain neighborhood foot p:.lrois-the
practitioners went to detectives. Getting "busted to patrol" second time by a two-to-one margin.
has been a constant threat to police managers or detectives 2. New research on effectiveness-Research conducted
;."ho fail to perform by some standard of judgment. (It
IS doubtful that failing patrol ",:fìcers ever get threatened during the early and mid-1970's frustrated police execu-
with being busted to the detective unit.) tives. It generally showed what did not work. Research
conducted during the late 1970' s and early 1980' s was
different. By beginning to demonstrate that new tactics
4
did work, it fueled the move to rejùvenate·policing. This of Excellence were not available to police administrators
research provided police with the following guidance: The cUIT7nt generation of reformers has an edge: They
Foot pa~ol can reduce citizen fear of crime, improve have availed themselves of the opportunity to learn from
the relationship between police and citizens, and in- the docu~ented successe~ ~d failures of the past. Not
crease citizen satisfaction with police. This was disco- ~onte~t :-vtth merely s~udYI~g Innoyation an~ management
vered in Newark, New Jersey, and Flint. In Flint, foot In policing, Ho~ston s C;hl~f ~e Brown IS having key
patrol also reduced crime and calls for service. More- personnel spend internships In pnvate sector corporations
over, in both cities, it increased officer satisfaction noted for excellence in management.
with police work. 4. New breed or police leadership - The new breed of
The productivity of detectives can be enhanced if patrol police leadership is unique in the history of American
officers carefully interview neighborhood residents policing. Unlike the tendency in the past for chiefs to be
about criminal events, get the information to detecti ves, local and inbred chiefs of this generation are urbane and
and detectives use it wisely, according to John Eck of cosmopolitan.
PERF.·
Citizen fear can be substantially reduced, researcher Chief Lee Brown of Houston received a Ph.D. in
Tony Pate of the Police Foundation discovered in crir:ninology from the University of Cali fomi a-Berkeley;
Newark, by police tactics that emphasize increasing Chief Joseph McNamara of San Jose, California, has a
!he qu~tity and improving the quality of citizen-police Ph.D from Harvard University, and is a published
interaction. novelist; Hubert Williams. formerly Director of the
Police anti-fear tactics can also reduce household Newark Police Department and now President of the
burglaries, according to research conducted by Mary Police Foundation, is a lawyer and has studied criminol-
ogy in the Law School at Harvard University; Benjamin
Ann Wycoff, also of the Police Foundation. Ward, Commissioner of the New York City Police De-
Street-level enforcement of heroin and cocaine laws partment, is an anorney and was Commissioner of Cor-
can reduce serious crime in the area of enforcement, rections in New York State.
without being displaced to adjacent areas, according These are merely a sample. The point is, members of
to an experiment conducted by Mark Kleiman ofHar-
vard University's Program in Criminal Justice Policy this generation of police leadership are wen educated and
and Management. of diverse backgrounds. All of those noted above, as well
Problem-oriented policing can be used to reduce thefts as many others, have sponsored research and experimen-
tation to improve policing.
from cars, problems associated with prostitution, and
household burglaries, according to William Spelman
and John Eck of PERF. Problems
These positive findings about new police tactics provide
police with both the motive and justification for continued We have looked at the benefits of community policing.
efforts to rejuvenate policing. What is the down side? What are the risks?
3. Experience with innovation- The desire to improve These questions led to the creation of the Executive Ses-
policing is not new with this generation of reformers. sion on Community Policing in the Program in Criminal
The 1960's and 1970's had their share of reformers as Justice Policy and Management of Harvard University's
well. Robert Eichelberger of Dayton innovated with team John F. Kennedy School of Government. Funded by the
policing (tactics akin in many ways to problem solving) National Institute of Justice and the Charles Stewart
and public policymaking; Frank Dyson of Dallas with Mott. and Guggenheim Foundations, the Executive Ses-
team policing and generalist/specialist patrol officers; sion has convened police and political elites with a small
Carl Gooden with team policing in Cincinnati; and there number of academics around the issue of community
were many other innovators. policing. Francis X. Hartmann, moderator of the Ex-
ecutive Session, describes the purpose of the meetings:
But innovators of this earlier era were handicapped by a "These persons with a special alld important relationship
lack of documented successes and failures of implemen- to contemporary policing have evolved into a real work-
tation. Those who experimented with team policing were ing group, which is addressing the gap between the reali-
not aware that elements of team policing were simply ties and aspirations of American policing. Community
incompatible with preventive patrol and rapid response policing is a significant effort to fill this gap."
to calls for service. As a result, implementation ofteam
policing followed a discouraging pattern. It would be Among the questions the Executive Session has raised
implemented, officers and citizens would like it, it would are the following:
have an initial impact on crime, and then business as I. Police are a valuable resource in a communlcy. Does
usual would overwhelm it-the program would simply
vanish. community policing squander that resource by concentrat-
Moreover, the lessons about innovation and excel1ence ing on the wrong priorities?
that Peters and Waterman brought together in In Search
5
2. How wiJJ community policing fit into police depart- "to propose abandoning foot patrol in the name of short
ments given how they are now organized? and, response time and visibility vis-a-vis patrolling in cars.
3. Will community poJicing open the door to increased ~very shred of evidence is that rapid response and patrol-
police corruption or other inappropriate behavior by line ling In cars doesn't reduce crime, increase citizen satisfac-
officers? tion, or reduce fear. Which is the luxury," Wasserman
concludes, "a tactic like foot patrol that gives you two.
and maybe three.. of your goals, or a tactic like riding
Will community policing squander police aroun<;l In cars go~ng from call to call that gives you none?"
resources? Expenenced police executives share Wasserman's con-
cerns. Almost without ex.ception, they are attempting to
This question worries police. They understand that police find ways to ~et out of the morass that myths of the ef-
are a valuable but sparse resource in ~ community. Hubert ficacy of rapid response have created for large-city police
Williams, a pioneer in community policing, expresses departments. It was Commissioner Ben Ward of New
his concern. "Are police now being put in the role of York City, for example, who put a cap on resources that
providing services that are statutorily the responsibilities ~an be use~ to respond to calls for service and is attempt-
of some other agencies?" Los Angeles's Chief Gates m~ t<;> find improved means of responding to calls. Com-
echoes Williams: "Hubie's (Williams is) right-you can't misslo~er Francis "Mickey" Roache expresses the deep
solve all the problems in the world and shouldn't try." ~rustrauon felt by so many police: "I hate to say this, but
Both worry that if ~lice are spread too thin. by problem- In Boston we run from one call to another. We don't
solving activities or example, that they will not be able accomplish anything. We're just running all over the
to properly protect the community from serious crime. place. It's absolutely insane."
A politician's response to the recommendation to end
Flint's foot patrol program is interesting. Daniel
" It is simply wrong to propose abandoning Whitehurst, former Mayor of Fresno. California, reflects:
"I find it hard to imagine ending a program that citizens
foot patrol in the name of short response time not only find popular but are willing to pay for as well."
and visibility vis-a-vis patrolling in cars" "The overwhelming danger," Mark Moore concludes, "is
that, in the name of efficiency, poJice and city officials
will be tempted to maintain old patterns. They will think
This issue is now being heatedly debated in Flint. There, they are doing good, but will be squandering police re-
it will be recalled. citizens have passed two bills funding sources." "Chips" Stewart emphasizes the need to move
foot patrol-the second by a two-to-one majority. A ahead: "As comfortable as old tactics might feel, police
report commissioned by city government, however, con- must continue to experiment with methods that have
cludes: "The Cost of the Neighborhood Foot Patrol Pro- shown promise to improve police effectiveness and
gram Ex.ceeds the Benefit It Provides the Citizens of efficiency. "
Flint," and recommends abandoning the program when
funding expires in 1988.
Why, according to the report. should foot patrol be aban- , , As comfortable as old tactics might feel,
doned? So more "effective" police work can be done. police must continue to experiment with methods
What is effective police work? Quick response to calls that have shown promise to improve police
for service, taking reports, and increased visibility by
putting police officers in cars. "It is simply wrong," says effectiveness and efficiency"
Robert Wassennan. noted police tactician and Research
Fellow in the Pro~ram in Criminal Justice at Harvard,
NCJ 109955 Will community policingfit within policing as it is
now organized?
George L. Xel1i"g ir" professor ÚlIM College ofCrimj,,,,¡ JUSlie. al Many police and academics believe this to be the most
NorlhuU/e,.,. U,,;wrsity, BostOll, Møssacluue/ú, "lid" ruearchfelIow ill
1M Program ÚI Cri",Ùaal JlUtice Policy alld MaMgeme,,' at Jlorvard seri.o~s problem facin.g cities implementing community
Univusity·s XeMCdy School ofGoverrstMnt. pOllClOg. Modern police departments have achieved an
Poi{lú ofv~w or opÚli01ll upress.d in thir publication are those oftM impressive capacity to respond quickly to calls for '~rvice.
author and do not ",clSsarily repllscnt the official position or policies of This has been accomplished by acquiring and LtlKlOg
1M u.s. Department of JlUlie., or of Harvard Univ.rsity. elaborate automobile, telephone. radio, and computer
TM Assir/QnI Attorn.y Ge1WrQI. office of JUSI;ce Programs. coordiMlu technologies, by centralizing control and dispatch of of-
ficers, by pressing officers to be "in service" (rather than
tlte "ctivÍl~s oftMfollowÚlg program OffiCls alld Bur.alU: National "out of service" dealing with citizens), and by allocating
lrutÎlW/. 01 JUSliee, Burlllu 01 JWllie. Statislics, B",l4Iu of Justice
Assistance, OlflC' of Juv.nile IWltie. "lid D.linqlUncy Pllvenliol'l. alld police in cars throughout the city on the basis of expected
OlflCefor Vietimr ofCrÚ1W. calls for service.
6
. .
. The Executive Session on Policing
convenes the following distinguished panel of leaders in the field of policing:
Allen Andrews Robert R. Kiley, Chainnan Francis Roache.. Commissioner
SuperinumdentofPolice Metropolitan Transponation Authority Boston Police Depanment
Peoria., Dlinois New York, New York Boston, Massachusena
Camille Cates Barnen. Ph.D. Robert B. Kliesmet, President Michael E. Smith, Director
Director of Finance and Administration International Union of Police Associations Vera Insùtute of Justice
Houston. Texas AFL-CIO New York. New York
Cornelius Behan. Chief Washington, D.C. Danel Stephens, Executive Director
Baltimore County Police Department
Baltimore County, Maryland Richard C. Larson. Professor and Co- Police Execuùve Research Forum
Director Washington. D.C.
Lawrence Bink1ey, Chief ~raùons Research Center
Long Beach Police Department assachusetts Insùtute of Technology James K. Stewart. Director
Long Beach, California Cambridge, Massachusetts National Institute of Justice
U.S. Deparunent of Jusùce
Lee P. Brown. Chief George Latimer, Mayor Washington, D.C.
Houston Police Deparunent St. Pau~ Minnesota
Houston. Texas Robert Tr~anowicl., Professor and Director
Susan R. Esaich, Professor Edwin Meese m School of riminal Justice
School of Law Attorney General of the United States Michigan State University
Harvard University U.S. Depanment of Justice East Lansing, Michigan
Cambridge. Massachusetts Washington. D.C. Kevin Tucker, Commissioner
Daryl F. Gates. Chief Mark H. Moore Philadelphia Police Department
Los Angeles Police Department Daniel and Florence Guggenheim Philadelphia, Pennsylvania
Los Angeles, California Professor of Criminal Justice Policy
Hennan Goldstein. Professor and Management Benjamin Ward, Commissioner
John F. Kennedy School of Government New York. City Police Deparbnent
School of Law Harvard University New York, New York
University of Wisconsin Cambridge, Massachusetts
Madison, Wisconsin Robert Wasserman. Research Fellow
Francis X. Hartmann. Executive Director Paaick Murphy. Professor of Police Science Program in Criminal Justice Policy
Program in Criminal Justice Policy John Jay College of Criminal Justice and Management
New York. New York John F. Kennedy School of Government
and Management Harvard University
John F. Kennedy School of Government Sir Kenneth Newman Cambridge.. Massachusetts
Harvard University Fonner Commissioner
Cambridge, Massachusetts Scotland Yard Daniel Whitehurst, President &. CEO
Peter HW1t. fonner Executive Director London. England Whitehurst California
Chicago Area Project Fonner Mayor of Fresno
Chicago, Illinois Oliver B. Revell Premo, California
Executive Assistant Director
George L. Kelling, Professor Federal Bureau of Investigation Hubert Williams, President
School of Criminal Justice U.S. Department of Justice Police Foundation
Nonheastern University Washington, D.C. Washington. D.C.
Boston. Massachusetts, and
Research Fellow. Program in Criminal James Q. Wilson. Collins Professor
Justice Policy and Management of Management
John F. Kennedy School of Government Graduate School of Management
Harvard University University of California
Cambridge, Massachusetts Los Angeles, California
U.s. Department or Justice
National Institute of Jusûce BULK RATE
POSTAGE &t FEES PAID
Washington. D.C. 20531 DOJ/NU
Permit No. 0-91
Official Business
Penalty for Private Use S300
·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!lI<1
SUBJECT: AGENDA ITEM # q L - MEETING OF DECEMBER 11, 1990
PAYMENT OF BILLS RELATED TO LEGAL SERVICES INCURRED BY
WALTER O. BARRY
DATE: DECEMBER 7, 1990
This item was considered by the City Commission at the meeting of
December 4, 1990, at which time it was continued to December 11th
to allow the City Attorney time to research several questions
which had been raised relative to the billing.
A response will be forthcoming from the City Attorney and will be
provided to the Commission prior to the start of the meeting on
December 11, 1990.
Additionally, the accompanying correspondence from Mr. Barry has
been received and is provided for your review and consideration.
. .
December 6, 1990
Jeff Kurtz, City Attorney
City Hall
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Jeff:
Enclosed are copies of back up documentation received from the
office of Louis Williams in the matter of an $836.75 bill in
arrears. As I suspected, the billing is primarily for a conference
that was held in the City Attorney's office in February with Curtis
Mack shortly after he was retained. A couple of letters and phone
calls round out the balance.
I hope this information will resolve the billing questions so
that approval for payment can be placed on the consent agenda for
the next commission meeting.
e . Barry
2020 N.W. 3rd Ave
Delray Beach, Flo 33444
cc: Mayor and Commission
City Manager
·
C":'" """'1'T T"r 1:" T"\ WILI<ERSO~J c HAL ~JORSOrJ I n 7\
...J'-.L.LUJ...¡L..I "-, UI. I: '""' .
C'"rTTm~ 4-D B"nn-rcomr.'T'"'IoC" BTTTT ,",""'T...-.
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1 r: 1 ~ rf'"\nTT\1 ?LA::E
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~'iE~T PAU1 BEACH, rTf"\'MTT""\7\ 33401-2332
J..:.uu!\...I..un
I It 1'\'"7 , 689-8180
\ -,:v I I
Date: 10/03/90
759
~'¡al ter n...__...
.LJo.J..J..'1
..., ("\ " " ~.r~~ 3rd A',lenue
'-u~v
Delray Beach, Florida
33444
STATEHENT or ACCOUNT
....---.. ~_......._____..__.____w__~___________ ......... --......--- ......---..---.... ............ .... ........... ....................-....
".....~...- 'rl:lË :f t{at~ar o. 1 ~ n...¡.... ~......,,_.. ...; ~.... "... ..... JI....~.. .. ... ... ..;¡ 3.1.~.. n...
I.'\c.I.. \.':.i. U..U 1.Ic,1..:: .....;Jl,.iJH I... '"J ¡. ;;:: .........~ I.. ¡¡,U' ~H·...::"'¡' ;_Qa....:: i../:'¡;:
-----.... ....--.....--..---..-..--..----..----------- ''''':n-1- ~ ..-.-..--- ..--....--..-........ ....-.....--.......... -..-....--..-..---
1 0..... 7\~. n.l~... o...~ ~~(l.S ¡'I 1 : n,l Int. t...: r.;' ,"In .,,~ " ¡,
" Ua...;, t i\y, u::':'':' Cï U::........ "..., II v ¡, I V,;, J 1." 'tV, \,i '.0 .¡,,;.. ,U,iJV
, 0.":' ~". n.1.... ~...\,rðYI{Il~Ce..... ":,., ,"\, :"., ,;':,1": Ù Ij~' , ~~. .,,, "-: ,,~: "I:
- ~~;''''ï Z\.I,¡. w:t:....a.f U:r:...u "4..)" i.i... ""Ii;\o ¡'J...... ~ ; I.,j , -.;
, Barry RR; Delray Bêac f..t.- H~/LS ' 5"' ,¡ ,", -I ! ..", c: I r.,' , ""'1 t,,'I .1 " , ..\(\ r, t\
" " VV :.11 U J ( J 1,j .I.\,¡r" ,''¡.." ,',JU :,~I,j,\JV
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:. Ua....: :~..:.. ¡;:J."~! ..;::~.... :. J ; ~ ''; ~ ¡ ....., ~-., ;,:,;,;"';'; 'H ..IJ,..i'o.;
...................... ........................ ~.........._.....4...
3' (\ 1'.1': 1C "': OJ C ~::
..,;.1,;1. J. J . i .0 IJ~IJ. I';
· . SCH ~, WILKERSON & HALVORSON, A.
SuITE 4-D BARRISTERS BUILDIN~
1615 FORUM PLACE
WEST PALM BEACH, FLORIDA 33401-2382
(407) 689-8180
Dat~/~
Reference .9
Walter Barry
2020 NW 3rd Avenue
Delray Beach, Florida
33444
----------------------------------------------------------------------
For Professional Services Concerning:
File Number: 759- 2 Title: Barry RE: Delray Beach
Balance Due from Previous Bill: FEES 1,292.50
COST 13.80
-----------
1,306.30
Hours Fees
12/07/89 Receipt and review of .10
Letter from
Jeffrey Kurtz.
12/11/89 Receipt and review of .10
Letter from
Herb Thiele, Esq.
------ -----------
.20 40.00
~- . - -~,-"-- ,~,_.
~[_;~tii~~ª¿:~~~3Jf:\i~:(;~~f-:--~:~(=.--·· .-. - - -- "'-.
"._- -- ..,-
.- -
. ----- SCHl.,. .R, WILKERSON & HALVORSON, A.
SUITE 4-D BARRISTERS BUILDING
1615 FORUM PLACE
WEST PALM BEACH, FLORIDA 33401-2382
(407) 689-8180
Da~/07/V
Referenc 2532
Walter Barry
2020 NW 3rd Avenue
Delray Beach, Florida
33444
----------------------------------------------------------------------
For Professional Services Concerning:
File Number: 759- 2 Title: Barry RE: Delray Beach
Balance Due from Previous Bill: FEES 1,332.50
COST 13.80
-----------
1,346.30
Hours Fees
J2/05/90 Telephone conference with .10
Herb Thiele - returned his call
and left message.
)2/15/90 Receipt and review of .20
Memorandum to file . -
from client.
)2/20/90 Attendance at 3.00
conference in Delray Beach.
------ -----------
3.30 660.00
.
~
Page 2
Reference No. 2532
Costs Advanced Amount
-12/20/90 Miscellaneous Charge 16.00
Mileage to Delray
Postage Charges through 03/07/90 .25
-----------
16.25
Totals for Matter No. 2
Total Matter Fees: 660.00
Total Matter Cost: 16.25
Matter Previous Balance: 1/346.30
payment Received On Account: 200.00-
-----------
Amount Due: 1/822.55
- -
BALANCE DUE UPON RECEIPT
PLEASE INCLUDE REFERENCE NUMBER ON CHECK TO FACILITATE POSTING PAYMENT
FED. I. D. #59-1952743
scm , WILKERSON & HALVORSON, A.
-,
Su~TE 4-D BARRISTERS BUILDIN~
1615 FORUM PLACE
WEST PALM BEACH, FLORIDA 33401-2382
(407) 689-8180
Dat~
Reference No. 2606
walter Barry
2020 NW 3rd Avenue
Delray Beach, Florida
33444
----------------------------------------------------------------------
For Professional Services Concerning:
File Number: 759- 2 Title: Barry RE: Delray Beach
Balance Due from Previous Bill: FEES 1,792.50
COST 30.05
-----------
1,822.55
Hours Fees
03/09/90 Letter to .20
Curtis Mack, Esq.
03/21/90 Receipt and review of .30
Executive Summary.
------ -----------
.50 100.00
Totals for Matter No. 2
Total Matter Fees: 100.00
Matter Previous Balance: 1,822.55
Payment Received On Account: .00
-----------
Amount Due: 1,922.55
BALANCE DUE UPON RECEIPT
PLEASE INCLUDE REFERENCE NUMBER ON CHECK TO FACILITATE POSTING PAYMENT
FED. I. D. #59-1952743
-' ~.. SCh ¿R, W¡LKERSON & F~~VORSON. A.
SUITE 4-D BARRISTERS ~UILDING
1615 FORUM PLACE
WEST PALM BEACH, FLORIDA 33401-2382
(407) 689-8180
Date: 05/10/90
R ference No. 2793
Walter Barry
2020 NW 3rd Avenue
Delray Beach, Florida
33444
----------------------------------------------------------------------
For Professional Services Concerning:
File Number: 759- 2 Title: Barry RE: Delray Beach
Balance Due from Previous Bill: FEES 1,892.50
COST 30.05
-----------
1,922.55
Hours Fees
04/13/90 Receipt and review of .10
Letter from
Curtis Mack, Esq.
------ -----------
.10 20.0û
>.
Page 2
Reference No. 2793
Costs Advanced Amount
Postage Charges through 05/10/90 .50
-----------
.50
Totals for Matter No. 2
Total Matter Fees: 20.00
Total Matter Cost: .50
Matter Previous Balance: 1,922.55
Payment Received On Account: .00
-----------
Amount Due: 1,943.05
BALANCE DUE UPON RECEIPT
PLEASE INCLUDE REFERENCE WùMBER ON CHECK TO FACILITATE POSTING PAYMENT
FED. I. D. #59-1952743
SCHULER, WILKERSON & HALVORSON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE4-D BARRISTERS BUILDING TELEPHONE 407 - 689 - 8180
STEVEN W. HALVORSON
RICHARD D. SCHULER· /61S FORUM PLACE FACSIMILE 407 - 684- 9683
..JAMES D. WILKERSON, ..JR.· WEST PALM BEACH, FLORIDA 33401-2382
LOUIS L. WILLIAMS· INVESTIGATOR:
- ROBERT F. Bt..EAK
MICHAEL ..J. CELESTE, ..JR.
LAURA D. DOLIN
BRIAN T. SCHER
· BOARD CERTIFIED CIVIL TRIAL LAWYER
December 3, 1990
Mr. Walter Barry
2020 N. W. 3rd Avenue
Delray Beach, Fl. 33444
RE: Walter Barry Re: Delray Beach
Dear Mr. Barry:
Pursuant to your request, I am herewith enclosing to you
copies of all statements rendered to you by my firm. Each of
these statements detail the services rendered to you concerning
this matter. The last statement rendered to you wherein services
were performed by this firm was dated May 10, 1990. After that
date, a Statement of Account was sent to you from time to time
which merely shows the outstanding balance due on your account.
As you can see from the enclosures, the outstanding balance at
this time is $836.75.
I hope the enclosures provide the information you need in
order to see that the balance is paid on this account.
Yours very truly,
()I¡pJij (]I?1ú~
Louis L. Williams
LLW: j af
Encls.
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 28,90 16:24 P.02
o :;) - ..,. (/, "ç,L1
. .. r U U
- ......
EIT' DF DELAA' IEAEH !- ..¡.~...:~...,. "~;'~;""
'~', \'èj: ".. .....,~..~.....
. . }~l~~:l\\;:~\~'.·"·>
CITY ·'nORNEY'S OFFICE 310S.F..l$tSTRI'.IIT,SUITE4. DELRAYBEACh.I"LORIDA3348)
" 407/243-1090 . TELECOPIF.R 407/178~75S
MEMORANDUM
Date: November 20, 1990
To: City Commission
From: J~ffrey S. Kurtz, City ~ttorney
Subject: Payment of Bills Related to Legal Services Incurred
bX Walter o. Barry Prior to Suit Belnq Filed
Attached is a letter requesting payment of some outstanding
leqal bills from the f~rm 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 tees 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 by the City
commission~ 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 t 1989 and December 7, 1989 and m1nutes 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.
~~~
Þ.ttachments
cc: David Harden, City Manager
Walter o. Barry
Reeve Bright, Esq.
.
qK
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 28,90 16:25 F'.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 narry
2020 NW 3rd Avenue
Delray Beach, Florida
33444
STATEMENT OF ACCOUNT
........ ~..........................~~~~~--- --.... ........ ..............---- ............... .............
Hattar Title of Itatter B111 Date Amount of Fee cost Advanced Balance Due
......... ............~~~.................... ......... ........ ............. ...-"............ .............
2 Barry II: Delray Beacb 2291 01/04/90 40.00 .00 to.OO
2 Barry RI: Delray Beach 2532 03/07/90 660.0D 15. 25 676.25
2 8arry RS: Delray 8eacb 2606 04}05/90 100.00 .00 100.00
2 Barry IE: Delray Beacb 2793 05/10/90 20.00 .50 ZO.5C
.............. ............... ......--......
820.00 16.75 836.75
L
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,
,
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,
,
J
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 28,90 16:25 P.04
. L() l.b
£ITY DF DELAR' BEREN
/
CITY ATTORNEY'S OFFICE :;10 ~.I . hI STRHT. SPIIT·I )~lR.1\ Y ilEACII. HOIO[)A 3:;.Un
~ 407í~43· 7(1'10 TECH'OI'IER 4(\7:'211;-4 7~~
!
¡ MEMORANDUM
I
i tlate: October Jl, 19a9
:
1,'0 ~ City CQrmnission
¡ Prom; HCrl)(;~.Lt. W ..Ï\. 'l'h,iele ,Çi tyAt torney
I
~~ubj~çt : Hec(''ipt of Bi.llings fot' LGgal Fe~s for Former City
t
! M~naQer Walter Barry
'"\:he t'ít.y Attorney's office is in receipt: of . a bill for
p!'oféssional scrvices submitted by former City Manager Walter
Barry.
While the <.: i ty ord.inances and City Charter certainly provide
for the rntention and payment of attorney's fees~ including
outside counsel fees, necessary for the defense of current or
former employees, we, have some reservations rega.rding the
payman t''''Of this bill at this time since no allegations or
charges have been levied. against Mr. Barry individually con-
=erning the Irene Montalban matter or any other matter at the
present time.
This matter is being presented to you for guidance as to
whether 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 employment
by the former employee.
",q?
HT:sh
cc; Malcolm T. Bird, Interim city Manager
David M. Hllddlestonr Director of Finance
Lee R. Graham, tUsk Management Director
Louts Wi.lliams, Esq.
.
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 28,90 16:26 P.05
· \..¿) .' . \.ð ¡¡or -i/
.. .1ii1;"',j.~, ,;".;~" .1 ¿th}'\..-, /)... '.
.'~~" . ," :o!Ii ",.:)','" ¡ .'. . Q J. J.r-
"oj.., "..,1\- ,", . . 1,
7''';;''' ." ..".,.~.. .,' fr-
£ITY DF DRRAY BEAÊ¢ ,~;,: ,.
CITY ATTORNEY'S OFFICE 310 5.E. 1St STRf;£T, SUrTE" Dt;:l.RA Y BEACH, nORIDA 33483
407/243-7090 TELECOPrER 4071278-475~
MEMORANDUM
Date: ~ovember 8. 1989
To: City Commission
Malct'lm T. ßlrd. Inter!.m City Man,ager
From: Herbert W. A. Thtftle. City Attorney
Subject: FOllow-up Information Concerntnp: 81!l1ngs for r~E"r.al Fep.f'! From
Former City Manager Wa1tpr Barry ____._".___ __,___
Ae: a toJlow up to my recent memorandum to YC'lU concerning' the Þilling-s:
f.:nbmttteð by former City Manager Walter Barry (which item was cteleteè tot
Mr. Barry's request from your agenda .-of. October 24. J989), pJe4Sp. find
attached appropriate provisions related to this subject.
The 8J>pJice.ble ordinances, statutes, and charter provisions concernîr.~ thîe:
are found ,In, Florld.a Statutes '111.07. the City Charter at Seo,tlons 4.07 Rnd
4.09, and ìn~he City's Code ot Ordinances in Sections 3I.JR end 31..18.
If ~'ou have any questions concerning' this matter, please cC'lntnct the Citv
A ttorne~T' s Office. . ' .
Once Ml'. Barry or his attorney have requestf!d that this rrJRtter be strain
agenða~d tor y~r consideration. we shalJ bring the matter to your attenticm,
In the interim, if you have any questions, please contact the City Attorney's
Office.
1ff~
A ttt\chmen hi
co: David M. Huddleston. Director of Finance
Lee Graham, Risk Management Dirf!ctor
Louts WUJtams, Esq.
.
.
,
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 28,90 16:26 P.06
..,.' lð lQ
I tlTY DF DELAAY BEAtH
,
CITY A-nORNEY'S OFFICE .1ln :;.1 . 1~1 STHrFT. SI¡ II· ,\ DH.HAY ßEACII,ITORIDA 334&3
" .tM/1-t).ïO()u TUEC'OI'II",R 407/278-4755
MEMORANDUM
:.Da te : NoveInbttr 14, 1. 989
To~ City commission
Fr.om: Herbert W.A. Thiele, City ~ttorney
, Subject-: Renewed Request FroIn Walter Barry For Payment of
? Attorney's Billing,For Irene Montalban Matter
On Saturday, pctober 28, I l'eceived a. telœphone call from
former City M,nager Walter Barry which requested that I placQ
the matte.r of the authorization for payment of th.e billings
r~ceived by Mr. Bar~y fr.om Attorney Louis Williams back before
the City Commission. It is my understanding that he has
discussed. this. matter with one or more Commissioners and has
agreed to delete from that'bill a segment related to a convor-
.ation between Attorney williams and his spouse. All other
~ portions ~f the billing remain the same.
Once again, since this is a matter of first impression for
which the City At.torney's Office requests direction from the
City Commission, by copy of this memorandum to· the City
Manager's Office, we arc requesting that this mat·ter again be
placed on the appropriate portion of the next City Commission
t'egular meeting. .. , .
,
\.For your information and assistance, ëttacheä hareto please
find copios of relevant portions of the Floriàa Statutes and
Clty Charter dealing with l'flyment. of attorney's fees, as well
as two oases on the suhje~t that are of some interest in this
matter. If you have any questions or if you would like to
discuss this matter fur.thf:~r in advanQe of your consideration at
the City Commission meeting, please contact me personally at
your earl.iest convenience.
~h
Attachments
cc: Malcolm T. Bird~ Interim City Manager
Eli ?abeth Az:nau, City Clerk .,
David M.Huddleston, Director (')f Finanoe .
Lee R. Graham, Risk Management Director
Lou.J.s Williams, Esq.
_..._,,_____,~-o>,._~,,~.'^~~_
.~ ...._...,o",',.,,~,
407 278 4755 Nov 28,90 16:27 P.07
.
eft. 11 1 PUBLIC OPPlcekS; GENERAL PROVISIONS F,'. ,..,
. (a) The plaintiff requeatl dismi...1 0' hi. suit; or (1) Any county. municiøaJity. potitìCalaubOilflsion. or
(b) $uen law enforcement officef is found to be not agency of the state whìch has betn excluded from )at.
liable Ot not guilty. ~jcipation, in the Insurance Risk Management TN.t Funo
......,.-.. '. CII 11-'1'. IS authoriZed to expend avlli!abJe funds to pay:
1".07 Ct..... of chi action. tpSntt public offt. (a) Any final judgment. including damages. coSta
ot,.. tmPIOr.... or eoentI--Any agency of lhe Itate. and attorney', fees, ariling from a complaint for dam·
or anv county. InYnícipality, or poIiticallubdiviliotl of Ihe ages or injury suffered as a result of any act or omis'lOn
Itate, is authorized to prOllide an attorney to defend any of action of any officer. employee. or agent in a civil Of
civil aclion ,flling ffom a complaint fOt" damages or injury civil rights law$uit desçrjbed in s. 111.01. If the CIvil ac.
suftered as a result of any act Or omissIon of action of lion a,ises under s. 168.28 as a tort claim. the limitations
any of ilS officers. employees. or agents for an act or and provisIOns of s. 768.28 governing paymenl Sflall ap·
omiSSiOn aflsing out of and in the scope of his employ· ply, If the action is a eM! rights actÌOn ariSing unoer 42
ment or function, unless. in tl'le case of a tort action. the U.$.C, s. 1983. or limilJr federal Italutel, p'yment$ for
offICer, employee, or agent acted in bad faith. with mali· Ihe 'ull amouot of fhe judgment may be made unless the
CIOUS purpose. or in a manner elChibiting wanton ano will- officer, employee. or agent has been determined in the
ful disregard of human rights. safety. or properly. De· fìna judgment to have caused the.harm Intentionllly.
fense of such cïvM 8C!ÍOl1 includes. Þut is not limiled 10. (b) Any compromise or settlement 0' any c!á¡m or liti.
4 any ci~il rights lawluit seeking relief personally against gation as describGd in paragraph (I). subjeclto the IImi·
the officer. employee. or agent for an acl or omission un· ta1ions set forth in that peragraph.
der color Olllale law. custom. or usage, wherein ìi is aI- (c) Any reimbursement required under .. 111.07 for
leged that IUcn officer. employee. or agent has deprived court costs and reasonable attorney's fees when the
another person of his rights secured under Ihe Federal county, municipality. poIiticel lubdivision. or agetlCy 01
I ConltiMion or laws. Legal r,presentatio,n of an ofiicer. the slate has faílttd to provide 'n attorney and the de·
I employee, or agent of a SI,I. agency may be provided 'andant prevails.
bV I.he Department ot~al Affairs. However, anyatlor. (2) For purposes of this seçtion, a "fìnal jUdgment'
ney s fees paid fr~ publIC funds for an7t !)fficer. employ- means a Judgment upon completion of any appellate
H. or ~g.nt who IS fOund to be persona Iy liable by virlue proceedings.
of ~ctlng outside the scope of his employment. Of was (3) 'Ag~nc~ of the stale· or ·state 10000000,'-U used
acting 1M ~CI faith, with malicious purpose. or in a man· Inlhls, sectIOn. ,nctudes an executive dep8ltment. I con·
ner exhibiting winton and willful disregard of human Stllutlonal officer. the Legislature, and Ihe judicial
righls. safety. or property, may be recovered by the branch.
~ st.le, county. muniCipalily, or political subdivision in a (4) rhis section is not inlended 10 be . waiver of sov-
cIVil actio.n, ~gaj!'~t such officer, employee, or agent. If ereign immunity or a waiver of any other defense or ¡In-
. an~ ~g.ncv 0.' ~~'stale or any county, muniCiøality. 0' munily 10 such lawsuits.
polItICal SUbdiVisIOn of the state Is authorized pursuanl ......,.-. 2. do ""'39: II. 2, 3. çll. 8Q...VI
I to this Metlon 1o provide Il\ attorney to defend a civil ac·
i liOn .risìng from 1 compfaint for damages or injury IU'- 111.072 Provi,1on of Insurance In .ntldPlltfon of
i f.,.~ as. I result of any act or omission of action of any judgm.nts or .etuementa .galnlt offtcttl, empfOy".,
I of III OffICer.. employeeS. or agents and fails to provide or .gents of Iny county, munldPIIllty, or podtfcallUÒ-
¡ sUCh attorney. suçh agency. counly. municipality, or po- ~v ~.-Any county. municipality. or poIitlcalsubdMo
litic:al subdivision shall reimburse any such defendant slon IS authOrized to be self-insured. to enter Înto risk
": I who prevails in the action for court costs anCl reasonable management programs. or to purchase liability insure
attorney', fees. anee for whatever coverage it may ehoOse or to have
..:":!!;¡: ... ,...... ,. ..I..... t '" 00-"' · ....."...... any combination Ihereof in anlicipation of any jodgrnetlt
or settlement which its officers, employees, or agents
111.071 P.,ment f Judgments or .etUeme"ta may be liable to pay pursuanl to a civil or civil rights law'
suit described in S. 111,07.
'9Iinst CtlÙln pubUc Offlcttl or .mpfoy....- """".-t. 3. eI\. 19-130.
\ .
.
562
OFFICE TEL No. 407 278 4755 Nov 28,90 16:28 P.08
CITY' RTTORNEY'S
\: lj ~
.
9 DILMY lEACH CJI A ME R. 'eGClon 5.1
. . .
(hI The Go_al.alon ahall de.i9na~e the co..i..ton. ~"L.t.nt 01ty attorney¡
tb. dapoeitory or depo.itorie. toc city .ay bt removed with or without eau.e by
fund., .hlll rrovldt for Che regular the city attorney.
d.potlC of a1 Glty .on.y.. and .hall COIIIMnlaUon. Th. çO..1Ulon
pcovLd. foe chI peoper 'ecurlty ot all (C)
city 4.po.1U. May, teo. cl.. to t1_" ft_ the r'9ular
ccap.ft.atlon ot th. c ty attorn.y, and
(1) An independent audit .hall be a..t.tant ctty attorney" it any, tt a
.ad. of all lecount. or the city .u. eo..en.urate with the duti.. which
90v.rnment at le..t annuAlly, anð Mor. ~AY be iapo.ed on the. by thi. chattee
fe,qulntly ir ð.emed n.e....ry b1 the and by the co..t..lon, rrovlded, that al1
co..t.,ion. Suçh audit .hall be made by .peeLal or unu.uai .ICV CI' required of
ctttlfied public Accountant. exper1enc.d the city attorney aft4 a..lltant otty
in .unlclp'l accounting. .nd who .nall attorn.y., If .n~, .ay b. .ptctal1r
hav, .no peuonal lint.tut. direct or coMpen.ated a. t . co..l..ton ..Y .,. tit
lndletot, In t~. fiscal atr.lr. of the to proyf,ðe.
city 9Overnment, or ot any Of it. COrd. 4-'6, ,...ed 2-23-", APt. at Rer.,
oUte.n. The condens.d audit Ihall Þe 2-2·'6, AM. oed. 9-'3, pa..e4 -25-13,
publl.hed within thirty (30) day. alter ~pp. at .If., 1-1-81)
rtcelft of tht ..... An annual repott of
the c ty bUIln... Ihall bt maðe available S~C1on 4.09. otM'll1 at LIq!'LCO'lNSlL.
to the pub1IcÞy the city managet in luCh
toeM a. will d1Iclo.. pertinent fact. Tht cIty attornlY with tht ...latane.
concerning thl activities anð financ.. of of tha city clerk .hall prapare all
the city 90vernøent. ordinanc.., atl contraat. and other
COrd. 4-1', pa..ed 2-Z3~7', App. at R.f.. lnltrua.ntt In wrltLft9 ln wbich the
2-2-7C) aunlcipality 1. concerned, or .blll
.n40t't on .ach, hi. approval.. to
section 4.06. St11'ERVfSXO!!. or DEPARTMENtS. fot.. No contract wtth tbe.unlClrtlLtY
.hall b. bindln, upon the .unteip. tty
with the approval ot the co~.i..ion, until the elty attorney b.. .n4oC'ed~
the ..n.,et may ..rVI a. the head ot on. approval ther.on, and tnt. provl.lon
or more d.p.'~.nt., offlc,. or .9.n~I.. .blll be strictly conetru.d by III a
or .ay appoint. on, penon u the ht.d of of thi. stlte. Whln reqµlred by the
two (2) or .or. Qf th.~. co.mi..ion, the eity attorn:¡ .hall
(Ord. 4-'1. pa..ed ~-Z3-76, Ap~. 4t Ref., pro.tout. and defend, for a 1n ~.h.lf
1-2..161 of the c1ty, all coaplalntl, .ult' .nd
eontrov.r.l.. in which trn. oity 1. a
l.aUD'\..4.07. L.I<W. COUNS(L. par t y.
Thete .~.11 be . ~lty attorney and Th. city attoen.y .h.ll furnl.h the
.uch a.ai,cant city attorney. and .peelal ço.mis.ion, city manavec and department
coun.el .. the com~ilslan ahall d.tm ht.ð. hl. opinion on Iny que.tton of tav
n.e....ry. They Shill be r..ponsible to cel.tin9 to t,elr r..ptctive pow.r. .nd
the commi..lon for .11 1e911 mattera of ðut1e.; and h. .hall perform 'uch other
tht city plaçld in thel~ eharge by Ot peofe.alon.l duties a. mar b. r.quired o~
und., this ehart.c and 'uch other duties hlG by ordLn4nce. r..olut on Ot .otton o~
.. .'Y bt t.qulr.d by the commls.ion, the eommi.sion, by this ch.rter Of by
(Ord. 4-76, p....ð 2-2:1-16, App. at Ref., .peel al aeu.
2-2-74)
A..t.t'n~ city attorney. .hlll
perform thO'. dutle. a..i9n.d the. by the
city Ittorney. Speclal coun.el shall
perform thol@ duti.. ".i9ned them ~y
(a) A.ppolntlllent. The commLuion commi..lon.
.hall appoint a city attorney, luch {Otd. 4-76, p....d 2"23-78, ~pp, at 1'ef"
a..i.t.nt city attQ~neYI .nd Ipeci.l 2..2-161
couns.1 a. may be ~eelll.~ neeessary. The
~ity attorney and aa.i.tant city ARTICLE v. tL!CTIOHS
.ttor~eYI, it any, .h.ll be appointed by
cOlllm1..10n tor an indetinlte term by ~ection 5.01. Et.£C't'ORS .
..jorlty vote of t~è com~islion, r.he cil:y
attorney to .erve at the pleasure of Any perlon who 1. I r..ldent o~ the
cOMmi..lon. Speçial coun.el may be municipality, who hi' qualified a. an
.ppoint.ð .. the need aris.s and ,h~ll elector of this statl, and who r'9i.~.t'
..tVe at the pl..$u~. or commilslon. in the procedural ..anner peucr \ ~ð by
9,naral l.w .nd ordinance of the
Cb Re.oyal, the city .ttor~ey .nd .uniclpa1Ity, .hall be I qualified
,plclal coun..l, at III ttme., .hall hold elector of the .unlctpalLtV'
offlc. It the pl...ure of a ..jority of (Ord. 4-'6, p....ð 2-23.", ~p. a~ Kef.,
2"'2"'75)
.
ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 28,90 16:29 P.09
CITY . .
~\ ~
I U.OI plLM Y IIA(;fl CITY OFFICIALS AND IHPLQYlBS
. 31.05 CJTï AtTORNEY: CUALtrICATIO~S. p.rfoe.anQ, of public duti.s of the
The City Attorney .~.11 b. a 1'9.1 perlan. 10 actin~, .nd
re.Ldent, or h.v. hi. principal office in (D) H.re not willful. wanton, Or
thl city, d the tilDe of hh .ppoLnÞunt IDal1Qlou. .
In4 durin; h1l tenuu of oULc:.. ( 180 Cede, , 2-5 (0) »
("0 Cod., J 2-4) Št"tutory referenc.,
~ro..-rlf'r.nc.;
P'ymeftt of jud~entl oe settlem.nt.,
te911 coun.el for city. ..e charter .e. r.s. S 11.071
I.ctlonl 4.07 thcouvh '.09 Authority of oity to obtain lnd.ftlnlty
ift.úcang., ... I.S. . 111.072
LEQAL CEFENSE AND INDEMNlfrCATION ..._Aft. 0# Rt....~
or OFrrCIALS AND EMP~OYE£S . 31.11
5 31,15 DEFINITION. Th. Uftd.rtlkinl of 1'9.1 d.t.n.e by
ror the purpOl. of thls .ubchapt.r the city ún4er f 3 .1' of thl. .ubchapter
Ih.ll autalatlcally be under a
tht following definltlon .h.ll apply r..eevatlon of f1~ht. rt'ltdiny the
unle.. the context clearly indicate. or ell9ib11lty of the .ubject cl. . for the
require. a different meanlnv. ...., ben.fit. pt~v1d.d bJ this .ubch.ptec.
('80 Coð., . a·f(d)
-C~T! or,tCIALS AND EMPLaYEt,.- Th.
Mayor, Caftml..tonet., 111 'PPOinted S 31.19 NO WAIVER or DEnNS!.
officer. of the c1t1 (InelUdln9 the
...bee. ot the City Roul1ny Authority, Nothlftt Ln this subchlpter ah.·l1 b.
.11 board ...b.ra, commit. on ."b.r., Ot COn. trued to waivt any 4.fen.. in any
committe. ...bera of the city) anð .11 Ictlon which would be avallable, 1n the
ad.inlltr.tive petlonnel and employee' of .b.enc. ot this .ubch.ptet, to the city
t h. c 1 ty . or Individual Clt{ Official' Or
('80 Code, 5 2-1(.)) e.ploye.., inclúd n9, but not li.ited to
tbose d.feAlel which could b. ....rted \
.',..,s.. .11 uO" 01 REPReSENTATION. und.r r.s. 5 768.2', or any lucce..oe
-." .... statute theuto.
The City Attorney's office, inlur.nce ( '80 Code, 5 2..6 (e )
d.f.n.e coun..l, If ap~lLC'bl., or oth.r Statutory tef.renc't
coun..l appoint.d by t e City Commi..ion
.hlll undertake the r.pre.ent.tion or p.yœ.nt of cla1ml arieing .. tott
dtten.e, without char9t, of city action undec F.S. S 7&8.28, ...
oftici.1. and employees with re.plct to P.S. S 111.011
.ny claim or caUle of action Iti.in9 out Plyment of claim. atl.1nt und.r Civil
of or r.l.ted to the petfona.nct by the Ritht. Act, ..e r.s. S 111.071
city officlal. or employeel, a. defined I
by I 31.15, of th.ir public duti... ' ¡
C'IO Code. 52"S(b»
Statutory teferencel
Deren.e of civil .ct¡~nl 39ainlt
pUblic officers oc .mploy....
see P'.S, !f 111.0'
, .31.1'7 tNDEHNIFIC110N.
City official. br employ... who .ee
per.onllly li.ble for the payment of Any
cllim. at .ln9 out of . civil action,
..ttl..ent, or iUdgm.nt, or thl e.pen.es,
cost., and .wlr . of attorney'l te..
arl.int thlt.ftam Ih'11 be .ntitled to
indemn flc_tlon from the city iexcept to
the extent the city" inlucanç. covet'ge
proý!ðtt' payment) wnere the c' ~im .
reaulted fram aetlv¿ti..:
(A Which were done in gOGO raith,
(II In which the c~tl ha. .n
inter..t,
(e) Whlc~ wert' within the COurt. of
employment or ln the coutle of
.
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 28,90 16:30 p ,10
,. Vv~ .. II ....u .&..A..VoL. .. ...... "," "'.. -.. . .. .. - --.... - ..... ... .. . .. . ...1 ,_ . -
. .
U U'
,.' ".:.
. .",
tlTY DF DRRAY BEAtH.~ a .
. ~
I'
..
It
CITY AnDRNEY'S OFFICE J IOU; I.Ul1t1:f:.T. SUIT
" .4n7/l4)· ,n911
:
November 30, 1989
I~uis L. Williama, eD~.
$t:,.Ul(~l·, 'fI\ \kcr.son & Halvorson
Su.i\.c.' 4-1) Barristers Bu.1141uy BY FINANC
! lG1S For~m Place .
West Palm Beach, FL '~')40)"~ 382
I SubjClct You~ Client: walter o. ð4~ry
i 11l)1n~.Itefer,eqq, No. ~.11)
,
DeAl' Mr. Wil11a1Ma
1'1Gase ~ . advised 'tb.~ tho C1t.~ ÇQtnntiSs10n of t,he City of
.
, DeUay Beach, at its; repla.rlysCheduleð meeting of November
28, 1989, .pprov~~the~ payment of. YO\lr bi1.1 fo~ serv1ces
rendered to Walt.%' 0." SarxJ' J.n reference \:0 the Irene Montalban
matter. " cbeck in t''t1ê~ mount of $1,166.30 will be torthcomin9
, f as &oon .. the:: çhcc'k'·, r.qu...t ho..· cloared through the! Pi nance
~ ' .,....~. ~\'~,__~a:.~ ,. '.
, ~t··~ ",..,~.i .'.', .' .:...' .....:..".." '. '..
. ,,' . I" .
~ . ,t..,:':..,
,- . I '. I:' ~ 1',." . (
- The C1.ty Conwlssian,;; ,hOWtlY8J:, fw-ther indicat.ed that they would
not pay any f.œthe:'t:b111a relative to this matter unless t1'\er~
has been prior autbôr1zailon frøm the City Commission for such
expenditure. &114 fw:tb.er· r.pr...n~.tion.
i : . ":., :..¡ ,
1:f you øhou14 MYel anY'qUcst1ons con.cèrning th1s mattor, plea.s~
do not h..i~a~e to .contact OUX office.
"
Sincerely, ,
"-
,.
By:
"'SIC. : a;h ,
~c: C1ty COIm\1...1on
Malcolll 1;. l11.rd, xnt.8rlm city N&nAger
~v1<2 '11 ;':1IUddluWDï:..;¡t:1nuco D1rector· :
W.lt.r 0" 'BarËy .:" . .' ..... " ' ..',...~,.;. ,.' .._>'.i
". .' ·'·f'·b~\l··: :,' ' . ·
, .,.~,.. ..." ~.." ,,, ,..
CITY ATTORNEY S OFFICE TEL No. 407 278 4755 Nov 28,90 16: 30 P.11 ,to-'
, .. U """,V ~~
, .'·.;:"..·.::i,~,/,.;:"
. . .~-.;., '.,..........~, ·' ¡:I."If.' ,
tlTY DF DELIA' BEAEH ~ ~~ -
CITY A....ORNEY·S OFFICE 310 S.E. 1st STREET. SUITE 4 DELRA Y BEACH. FLORIDA 33483
"I I 407/243·7090 TELECOPIU 407/278-4755
n~~~~bcr ~. lQS9
Louis L.. Wj Llidms, SS'íluin<::
suite 4n ~a~ri8ters Builðin~
'\. (,1.~, rOl'llm Way
~asL Pdlrn Bc~ch, y~ 3J401
Subj.~(;t: PavmarJt £,,:¡r pt'o:Eessional Servi.ccs Rendered
!~t'..~ ~:. L::w:l s :
P,l.:::,~~.c be advi$ed t.hat. t:Ìlf'~ Cl.t~, Commissìon of tlle City 01
D~?lr~y Bêach disc1J.ssed tbe payment of the bill for professional
~,~~¡.'vicf,'~s l:'l';C1dered 'lI1hich you, had submitted t.O Walter Barry, and
v;h,i.ch Mr. Barry subsGquently submit.ted to the City Attorney's
Off içe h~r matters related. to the Irene Montalban allegat.ion.
- ..'.
'tHJ.f: t.() some conce.~:ns over the timeliness of the billing and
oth~r matters, the City commission has instructed me to inform
: you that they shall pay for the bill as submitted (less a small
po~tion-4ealing with a telephone conversation with Walter
Barry's spouse, which will be paid by Mr. Barry himself), but
that. no further legal fees should be incurred by Mr. Barry
thröugh yourself for which the Ci~Y will be responsible regar.d-
ing this matter unless and until the city commission expressly
agrees to authorize such additional expenditures.
We apprecia.te your understandlnq a.nd consi.deration with regard
t.o t.his matter. If you have any questions, please cont:a.ct me
plEir~onally.
$int::erely r
OFFICE OF 1~ CITY ATTORNEY
CITY. 0 LRAY BEACH, FLORIDA
H~' :
Her art W.A. Thielo, Esq.
ci1::y Attorney
liT ~ e I>
t;C : c;j ty' CQmmi ssio1'}
Malct:>lm T. Bird, :rnt".erim Ci.ty Manager
,john P.l1iott, Asst.. C1.ty Mana.ger .
Marty Ritcbason, Personnel/Labor Relations Director
David M. Huddleston, Director of Finance
Yvonne IO,ncalde, Budget Di rector
1¡'~å'l1'A'" ~Rrrv
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 28,90 16:31 P .12
\ . . . . ·U . u
. , .
Vice-Mayor McCarty sU'iJ'iJest.ed that they .end a letter, to
Chairmen and Vice-Chairmen of all boards .0 that they understand
c: roll.
27. A roval of Advertis.ment
Commission . to eons er
Conun! tte. to approve ad to be used
Manager position.
V:l.ce-Ml1yor MOC&t'ty stated the 5elec:tion Committee haa a pro-
posed advertisement for the COmm18sion to approve ton1qht which will be
adve~th.d in their first avdhble issue in December and ac¡ein 1n
January.
Ma. Braine¡,d stated that, baBically, she 1s ready to move
approval of thi" however, then is some verbhge which statea,that they
want Bomeone with h19h integrity and ethics. She stated that 1t Would
90 without sl1y1n9 that lomeone would have tl'lo.e.
Vice-Mayor McC4rty .tated that when they had a profeaaional
tirm do th1. last time, they 1nc1uded that hnquaqe in the ad. Tha
Selection Comm1ttee looked at that as a model and included it,
Ms. Draine¡,o moved to Approve the verb1~ ,(Je tor the advertise-
ment tor the City Manaqer position, .econded by Mr. Andrew.. Upon roll
call the Commission voted 1.8 follow.; Mr. Andrews - Ye., HI. Brainerd -
Yea; Ma. Hc:Carty - No; Mayor Campbell - Yea. Said motion pa..ed witb a
3 to 1 vote. (Note: Mayor campbell returned to the Commit,ion Chamber.
prior to roll call).
eefore roll call the following di,QuI.ion wa. had:
Ms. McCarty Itateo that the Comm1tte. had originally .uqqeated
that an MeA or MPA would be desired or preferred,. 1n tb. ad whicb tbe
( City did prev10usly I it WaI required. In the ad pre,ented toni9ht
neither or the.. are pre.anted and she que,tioned if it is a typo or did
\ they consoientiously withdraw it.
Ken Ellinglworth advi.ed there was a ahort discussion that the
S."ln yeaI' tenure 8\1gqeBted would be more desirable than hav1nc¡ a
D69r...
~. Mc:Carty stated that when'1:hey look at salary ranc¡e, they
have a rifht to expect that they would have an advanced degre. or .. t
leut pre er on.. she would like to .ee the original Unquaqe where
they had .tated that a dec¡r.. would b. preferred or desired. She .alao
auqqested that at the end of the ad they add the information "selection
to take plac:e after March election" 8Q that the appHcants underatand
the time frame for .election.· . i
Mayor . Campbell ret.urned to ~he CORliaaion Cbam1)ers at thia
tima.
Ms. 8ra1nerð .tated she doe, not think that a piece of paper is
a meaaure of the perlon.
At this point the rOll was called to the motion.
28. Reque.t tor Ptlyment or LeW¡l ree.. The COlllm18.ion is to
ëõñaider a request from former City nager Wa 1 ter 8arry to pay legal
fee8 in the amount ot $1,166.30 for .erv1Qe. rendered 1n preparation of
defense aga1nst al1e;ed sexual harassment and discriminat10n ~hàr9'S'
~ Aasi.tant City Attorney Kurtz aðv1sed rhat it 18 the recommen- ,
dation of his Office that if the Commission W'an:~. to ap~~:ole this, t.hey
approve the payment ot this bill but do not auti·.orhe the continuation
I " of the legal ..rvice. at th11 point in time.
( Mayor Campbell stated he feel. 1t would be appropriate to get a
memorandum a. to what the City's obligation 1. and, if they do ðecide to
qo forward, they qet some information on the hourly rate and projecteo
cost.
-10- 11/28/89
I
C I ì"i ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 28,90
r" 16:32 P .13
, W
. U
M., Mçcarty .tated she is in aqreem.n~ with the City Attorney's
Ottic. that they not 90 forward until the Comm1..ion authorize. it.
M.. McCarty moved to approve payment of the leqal ·tees, second-
ed by Mr: Andrew.. Upon roll call the Commi..ion voted a. follows: Mr.
Andrew. - Y.., M.. Brainerd - No, MI. McCarty - Te., Mayor Campbell ~
Ye.. Said motion pa..ed with II 3 to 1 vote.
8efore roll call the follow1ng-eli.cutlion wu had I
Ms. Brainerd stated ane i. not arguing the fact that they have
authorization, 1894lly, to provide attorney service. for any City
employ.e when they 4re sued for actions taken in the line ot duty. Her
only object1on to this claim is that she feela it 18 premature, this
individual wa. not .ued and he .olicited attorney', tees out.ide of that
BCOp. ot re.pon.ibility.
At thi. point the roll wa. Qalled to the motion.
CONSENT AG£NDA
.
The following item. were con.idered by the ,CODtld...ion al. the
Con.ent Agenda,
29. Requeat for Payment of t.\Q/i.l F.... The· COmiuion. h to
ãõ'ñliðer a reque.t for payment Of 890.1 he. in con;unc;tion with the
Palm Beach Newapaper., Inc. v.. Charl~a Xi190re ca.e. Thi, r.que.~ 1,
for t.e.in the amount of $3,622 to .be paid to ~h. ·a~tQrn.y "tor Palm
Beach Newlpapen, Inc., a. mandated by the- "Public Record_ Sta~ute.
Approval 1, reco~.nded, 8ubject to determinatio~ that the, f.. amount i.
rea.onal:>le.
,.
30. RaUfioaUon of Chamber of Commerce AP~intment. to the Human
liI.tion. Committe~ The Commi..1on 1. to consider rat1fyinq the
Chamber of Commerce appointment of Dr. Jay Alperin to the Human aela-
tion. Committ.e to a term endin¡ March 15, 1990.
31. Rat1fication of AMendment to Intarlocal AQr..ment. Th. Commis-
.IOn 1. to condder rat.Uiaation of amen4ment to interloca1 a9'reement
between the Ci ty and Ci ty of Boynton Beach adopUn9' the standards for
dhchuqe at wutewater: as specifhd in the Industrial Wute and Pre-
treatment Aqreement, Approval i. recommended.
32. Ratification at Firat Amenãment to Industrial waste and ~re-
treatment Aqreement. Tne Commiulon ia to consider rat1t1cation of
amendment to Industrial Waate and ~retre.tment aqre.ment which seta the
limit' on ðllpo.al of hazardous chemical. into the waltewater sysum to
meet the Environmental Protection Aiency'. standards. Approval is
recomtl\csnded.
33.
P-roject.
34. FInal Plat Approval. The Commi.sion 1. to consiðer approval ot
1Tñal plat tOr Royal Commerc1al Park of Delray (R5N) located on the east
side of Congress Avenue behInd the Exxon Station on Atlantic Avenue.
Approval 1. recommended.
.
35, rinal Plat, Approval. The .Conwnlldon I, to con8i4.~· app~ov.l
lor Founta1ne Fox Iloù.e (Ocean Apple E.tat:e.~ located on Nø~4:h Ocean
aoulêvard, between 'N.E. 8th Street.ánd Beach· Drive, extending from the
Atlantic:: Ooean to Andrew. Avenue. Approval 1. reoomended.
~ Tem~orary Tent PermLt. The Comml..ion 1. to ~on8ider apprQvln9
a temporary ant permit for the Dalray Beaoh Hiatorical Society to erect
« tent on the gra.s we.t of Ca80nCottage, from December 1 - 4, 1989,
-11- ll/Ze/U
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Ø1.
SUBJECT: AGENDA ITEM # /0 A - MEETING OF DECEMBER 11, 1990
REQUEST FOR WAIVER
DATE: December 6, 1990
This item is before you to conduct a public hearing on a request
from the Arthritis Foundation to waive the required $300.00
annual registration fee pursuant to Section 118.27(C) (3) of the
Ci t Y 's Code of Ordinances. Approval of this request is consis-
tent with previous Commission action relative to the waiving of
permit fees for charitable organizations.
Recommend approval of request for waiver of the required $300.00
annual registration fee for the Arthritis Foundation.
·
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT \)ì)
RE: REQUEST FOR WAIVER OF REQUIRED REGISTRATION FEE FOR THE
ARTHRITIS FOUNDATION
DATE: NOVEMBER 19, 1990
BACKGROUND:
The Florida Chapter (Mid-East Branch) of the Arthritis Foundation
is requesting that the Commission consider waiving the required
$300 annual registration fee pursuant to Section 118.27(3) of the
Ci ty' s Code of Ordinance. This section of the code requires
charitable organizations with gross receipts in excess of
$100,000 for the prior fiscal year to pay the $300 annual
registration fee. The Commission has waived this fee for the
Arthritis Foundation in past years. The agency has complied with
the City's application process and reports that this year's
financial goal is $17,000.00. The solicitation dates will be
from January 15, 1991 through March 15, 1991.
RECOMMENDATION:
We are recommending that the Commission waive the required $300
annual registration fee for the Arthritis Foundation. The waiver
of such registration fee will assist in minimizing expenditures
for thi s agency.
LB:DQ
Attachments
ArthWaive.CC
-,
.-J-. , I.
'.. ..
. Chapter. H-IJ of the Coùe of Ordinances
. Aùopted .:Ju.J.y-:lr-1:98-~_ ,- -,._-----.
"
APPLICATIOn FOR PERlUT TO SOLICIT .
IN T.lIE CITY OF DELP.J\Y DEACII, FLORIDA
.
, , , ARTRITIS FOUNDATION, FLORIDA CHAPTER, MID~EAST BRANCH
; Name of Organization
2930 OKEECHOBEE BLVD., WEST PALM BEACH, FL. 478-1166 278-2701' ¡
Address Telephone ttWl\ber
Incorporated: Yes: X Ho: Date of Incorporation: 1924
...---
LIST ATTACHED
. Names of Officers and Directors I
, -
PROVIDE FREE PROGRAMS AND EDUCATIONAL SERVICES TO PEOPLE WITH ARTHRITIS
SUPPORT RESEARCH TO FIND THE CAUSE AND CURE OF ARTHRITIS I
ì
,~urpose of Organization !
Name of Local Paid Executive: PETER W. PHELPS, JR.
1.
/ KIND OF ACTIVI,TY:
// !
GENERAL SOLICITATION !
\ ~
(General Solicitation, Ball, ¡'Iotion Picture, etc. )
t·
SUPPORT PROGRAMS OF PATIENT SERVICES, EDUCATION AND RESEARCH I
Specific purpose of Solicitation -
INDIVIDUAL OF ORGANIZT~ON WHO HAS RESPONSIBILITY fOR CUSTODY OF THE CONTRIBUTIONS.
,The applicant shall attach to this Application on a 6epara~fi1b~t A, a i
1 .
list of persons, including their address and telephone number, who shall ¡:
be available to answer inquiries during the hours when the solicitation is "
being conducted from all persons being solicited, relative to verification
of the identity of solicitors and the nature of the solicitation. This ¡
Exhibit A need not be published as part of the required publication set "
forth in Section of the Charitable Solicitations Ordinance. Failure
to provide such list,' or to comply with the availability requirement set I
forth above may result in revocation of the permit to soliclt~ I'
INDIVIDUAL OF OI\GhtHZATION WIIO liAS CUSTODY Of flNht;CIAI.. RECORDS ,
¡
,JEAN CLEMENS , BOOKKEEPER !
BILLIE LINVILLE. EXEÇ. V PRES. SUN BANK, DELRAY BEA~FL. I . .
Name and Address of Local Chairman or Pe:son Virecting Solicitation ! \
$17,000.00 January 15 - March 15, 1991
c.o a. 1. ~a~~s of solicitatiõñ
.r
DOOR TO DOOR SOLICITATION
Nethods of Solicitat:ion
NONE NONE
Paid Promoters or Solicitors Percentage Agreehlent
$3,432.00
Estimated Administrative Cost of Fund Raising l~ems Um.lerwrittcn
in Delray Beach
"
~
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM 41= IOß - MEETING OF DECEMBER 11, 1990
REQUEST FOR WAIVER
DATE: December 6, 1990
This item is before you to conduct a public hearing on a request
from La Pinata Restaurant, 1920 South Federal Highway, for waiver
of the Sign Code to permit a free standing sign which has a 33
sq. ft. sign face and is 12 foot high to be placed within a 10
foot setback, which will place the sign in the special landscape
area adjacent to the building. A 15 foot setback is required per
Section 4.3.4 (H) (6) .
The in-house sign committee reviewed the sign application and
agreed that the location was appropriate for the property and
would support the setback waiver.
Recommend approval of La Pinata Restaurant's request for a free
standing sign with a 10 foot setback.
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~
SUBJECT: SIGN CODE SETBACK FOR LA PINATA RESTAURANT
-- --
DATE: NOVEMBER 9, 1990
ITEM BEFORE THE COMMISSION:
- -
Request Commission consider a waiver request for a free standing sign which
does not meet the special landscaping setback.
BACKGROUND
La Pinata Restaurant, 1920 S. Federal Highway is applying for a free
standing sign which has a 33 sq. ft. sign face and is 12 foot high. The
applicant is requesting a 10 foot set back, which will place the sign in the
special landscape area adjacent to the building. A 15 foot setback is
required per Section 4.3.4(H)(6). This section does not allow any
structures to be placed within the special landscaping setback.
The in-house sign committee reviewed the sign application and agreed the
location was appropriate for the property and would support the setback
waiver.
RECOMMENDATION
Staff is recommending that the Commission approve La Pinata Restaurant's
request for a free standing sign with a 10 foot set back. The sign will not
be blocked by the foliage.
-1' 8:-d' +.
-
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[ITY DF DELIAY BEA[H,,~
CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 . DELRA Y BEACH, FLORIDA 33483
407/243-7090 . TELECOPIER 407/278-4755
MEMORANDUM
Date: November 16, 1990
To: Bill Greenwood, Director of Public Utilities
From: Susan A. Ruby, Assistant City Attorney
Subject: Stormwater Utility Notices
The Stormwater Utility Ordinances require a published public
notice once at least 20 days prior to the public hearing and
once at least one week prior to the public hearing which is now
scheduled for December 11, 1990 on the resolution which adopts
the rate, the budget and for the adoption of the stormwater
assessment rol~. T-ne ordinance also requires that at least 10
days prior to the above-named public hearing, individual
notices will be mailed to property owners.
Please submit the notice that is to be published in the
newspapers to the City Clerk's Office with sufficient lead time
for them to insure that the notices will be published as
required by the ordinance.
Thanks.
~/U-
SAR:ci
cc David Harden, City Manager
Alison MacGregor Hardy, City Clerk
Rob Taylor, Gee and Jenson
.
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 310 S.F. 1st STREET, SUITE 4. DELRAY BEACH, FLORIDA 334R3
407/243-7090 . TELECOPIER 407/27R-4755
MEMORANDUM
Date: December 6, 1990
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Resolution 118-90 - Stormwater Manaqement Assessment
Resolution 118-90 establishes the budget and rates for the
Stormwater Management Assessment.
Prior to adopting the resolution, the City Commission must
review the Stormwater Management Assessment roll to determine
its conformity with the proposed resolution.
If the Commission determines the roll is in conformity with the
proposal resolution, the Commission should adopt the
resolution. The Commission should then ratify, confirm and
certify that the assessment roll is correct and proper and is
to be used in collecting Stormwater Management Assessments, and
~assessments as shown on the assessment roll.
SA : l
Attachment
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( ( .
EXHIBIT B
Total 15 Month
Property Description Rate Structure Assessment
Single Family
Residential ($2.25/Mo./ERU) (15 Mo.)(IERU) $ 33.75
Condominium ($2.25/Mo./ERU)(IS Mo.)(0.S3ERU) $ 18.00
Single Owner Multi-
Family Residential ($2.25/Mo./ERU) (15 Mo.) $ 33.7S/ERU
Non-Residential
Developed ($2.25/Mo./ERU)(IS Mo.) $ 33.7S/ERU
Undeveloped ($2.25/Mo./ERU)(IS Mo.)(1.12 ERU/AC) $ 40.S0/AC
* The proposed base rate is $2.25/Mo./ERU
RT:kt
File: Stormwater Utility Program
œ'1 ([¿¿~\
f!~/ ~~lLt~
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER ~
THRU: WILLIAM H. GREENWOOD ~
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: ROB TAYLOR (ß~
DEPUTY DIRECTOR ENVIRONMENTAL SERVICES/PUBLIC WORKS
DATE: DECEMBER 4, 1990
SUBJECT: PROPOSED MODIFICATION TO ORDINANCE 21-90
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
In accordance with our position throughout the public awareness
program, it may be advisable to modify Section 56.19 of Ordinance
21-90 to address privately owned facilities.
Additional verbiage may be added to state that "Proposed
Maintenance of and capital improvements to private facilities
through the City's Stormwater Management Program will be
presented to the City Commission based upon the urgency of the
problem and available funding".
This will allow for a direct benefit to these property owners,
and therefore make the assessments more equitable.
RT:kt
cc: File: Stormwater Management Program
Interoffice Memo File: David T. Harden, City Manager
Il}! / <ß¿~,J ~- f~~j^-tlfJ
High Point i\~L :¿I" .
'4 ~ /, \I'
Community Action Committee NOV 5' ,., ,·<1-
, . l~~O
Sections 1 thru 7 Cllr MANAGER' ,
City of De/ray Beach, FL 33445 S OFFICi
October )1. 1990
Mayor Thomas Lynch
City o~ Delray Beach
lOO M.W. Pirst Avenue
Delray Beach. Pl. ))444
SUb3ect, Ino1usion ot High Point in stormwater
_aster Plan
Dear Mayor Lynch.
You will note from attached cop,y ot letter
dated Ootober 5th, Robert Taylor to David Harden, we have
had some discussion with Bill Greenwood and Robert !aylor.
In addition, oorrespondence has been exchan¡ed between David
Harden and Bernard Lillenstein, President ot High Point Sec-
tion No.4.
As all apertm_t owners and the vari ous
association clubhouse areas will be billed a drainage tax
we should automatically be included in the Master Plan and
be treated by the Oi ty in the same manner it maintains water
and sewer line repairs.
It is our understanding David Harden concurs
with contents of letter dated October 5th, subject to City
Commission appp,ova1.
An early reply would be appreciated.
incerely, d
~ L C~SI-' -r~.
i Point Community Action
p,r C ittee
cc, David Harden, City Manager
Gerald A. Filippi
Secretary-Treasurer
lOlO-A Circle Terrace E.
Delray Beach, Pl. ))44S
-
-
''"_.~.~. Rainberry
- -Bay
=- -== The community
- - with tomOlfOw built In.
2801 Rainbeny Circle South
Delray Beach, FL 33445
(305) 272-2736
Decembor 4, 1990
Mayor Thomas Lynch
Delray Beach City Hall
100 N.W. First Avenue
Delray Beach, FL 33444
Re: New storm Drainage Tax
Dear Mayor Lynch:
The Board of Dir,lctors of Rainberry BaY has asked
De to write to you regardin~ the new storm drainage tax.
According to our documents, we are required to maintain
our own storm drainage system. If or when major
improvements or repairs are required, we will be expected
to pay for them ourselves. The City of Delray Beach will
not be responsible for our difficulties. It therefore
seems grossly unfair that we also have to contribute
to the repair of storm sewers for the rest of the city.
This represents double taxation to us.
Last year a bond issue waL~ aplJroved by the voters
of our city that included some funds for drainage
improvement~ for city streets. These streets did not
include Rainberry Bay, but we are included among the
taxpayers who are funding this bond. Again we have
double taxation.
We feel very strongly that if we roust be part of
the tux paying citizens, then our storm drainage system
should be part of the city's responsibility.
-29 trulY'1:aL-
Sanf d Fischer
cc: City ComwisBioners Member of Board of Directors
..
.
{IS
7"
[IT' DF DELIA' BEA[H
100 N.W. 1.: A\/E~JUE DELRAY BEACH, FLORIDA 33444 407'243-7000
MEMORANDUM
TO: ROBERT TAYLOR
DEPUTY DIRECTOR OF ENVIRONMENTAL SERVICES/PUBLIC WORKS
FROM: ALISON MacGREGOR HARTY~
CITY CLERK .
SUBJECT: STORMWATER UTILITY ASSESSMENT ROLL
DATE: DECEMBER 10, 1990
The City Manager has requested that the hard copy of the Stormwater Utility
Assessment Roll be brought to the Public Hearing scheduled for Tuesday,
December 11, 1990, so that it will be available for the required inspection
and review.
Please ensure that the document is at the meeting. Thank you for your
cooperation.
AMH/sob
cc: David T. Harden, City Manager
William H. Greenwood, Director of Environmental Services
.
Te. ~ A .i,\"{''; MATTERS
'-
, . ,
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: ALISON MACGREGOR HARTY
CITY CLERK
FROM: ROBERT TAYLOR ¡¿{if
DEPUTY DIRECTOR OF ENVIRONMENTAL SERVICES/PUBLIC WORKS
DATE: DECEMBER 6, 1990
SUBJECT: STORMWATER UTILITY ASSESSMENT ROLL
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The Stormwater Utility Assessment Roll contains approximately
26,000 records and therefore a hard copy is quite sizable
(approximately 1,100 pages). For this reason, only one hard copy
will be printed, and that copy will be on file in the
Environmental Services Department. The Management Information
Systems Department will continue to maintain the roll on their
computer system for the purpose of invoicing and accounting.
If you have any questions regarding this matter, please give me a
call at Extension 7337.
RT:kt
cc: File RTPWSWUR - stormwater Utility Program
Interoffice Memos: Alison MacGregor Harty, City Clerk
William H. Greenwood, Director of Environmental Services
NOTE: The hard copy of the Stormwater utility Assessment Roll
will be brought to the Public Hearing by the Environmental
Services Department.
\0·»
·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f1'1
SUBJECT: AGENDA ITEM # 10 S - MEETING OF DECEMBER 11, 1990
ORDINANCE NO. 57-90
DATE: December 6, 1990
This is a second reading of an Ordinance correcting the Land
Development Zoning Map by changing the zoning in the Old
Germantown area (off Georgia Street) from MIC (Mixed Industrial
Commercial) District to I (Industrial) District, the Shoppes of
Seacrest from RM (Residential Medium Density) District to NC
(Neighborhood Commercial) District, Semmie Taylor property, Lot
26, Block 12, from R-1-A (Single Family Dwelling) District to GC
(General Commercial) District and the Hess Gas Station (Military
Tr ail ) from PC (Planned Commercial) District to GC (General
Commercial) District.
The ordinance was passed on first reading by the Commission on
November 27, 1990, by a vote of 5 to O.
Recommend approval of Ordinance No. 57-90 on second and final
reading.
- _.-..,-- ---..--...-----,..--. ..._-"-_.__._...~---,_. .-.__... ---
._--~------_. -_.,--~.,_._.__.__.__._---_.-_. - --... - --~--
ORDINANCE NO. 57-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEL RAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR FOUR PARCELS OF LAND BY REZONING
AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY
RESIDENTIAL - MEDIUM DENSITY) IN NC (NEIGHBORHOOD
COMMERCIAL) DISTRICT; REZONING AND PLACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC
(GENERAL COMMERCIAL) DISTRICT; REZONING AND PLACING
LAND PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND
COMMERCIAL) DISTRICT IN I (INDUSTRIAL) DISTRICT;
REZONING AND PLACING LAND PRESENTLY ZONED R-I-A
(SINGLE FAMILY DWELLING) DISTRICT IN GC ( GENERAL
COMMERCIAL) DISTRICT; AND CORRECTING "ZONING MAP OF
DEL RAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 2.4.7(F) (2) of the Land Development
Regulations has made provisions for relief from improper regulations;
and,
WHEREAS, requests have been made with respect to four parcels,
and have been reviewed by the Special Adjustment Advisory Board, and
determined to be the result of improper enactment; and,
WHEREAS, it is appropriate that the Zoning District Map of the
City of De lray Beach, Florida, dated October 1, 1990, be corrected to
reflect the proper zoning classification thereof,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray
Beach, Florida, dated October 1, 1990, be, and the same is hereby
corrected to reflect a zoning classification of NC (Neighborhood
Commercial) District for the following described property:
The East 340.00 feet of the Northwest One-Quarter (NW
1/4) of the Southwest One-Quarter (SW 1/4) of the
Southwest One-Quarter (SW 1/4) of Section 4, Township
46 South, Range 43 East, Palm Beach County, Florida;
LESS
the West 130.00 feet of the East 170.00 feet of the
North 150.00 feet of the South 290.00 feet thereof;
LESS
the West 92.00 feet of the East 132.00 feet of the
North 125.00 feet of the South 140.00 feet thereof;
LESS
the south 15.00 feet and less the East 40.00 feet
thereof for road Right-of-way purposes.
The above described parcel contains 3.9200 acres, more
or less.
, .
-- ---.^-"-- . --
-.,"---.--..-.--.--., .-....---- ----.-----.-- ----"
Section 2. That the Zoning District Map of the City of Delray
Beach, Florida, dated October 1, 1990, be, and the same is hereby
corrected to reflect a zoning classification of GC (General Commercial)
District for the following described property:
The West 200 feet of the north half (N 1/2) of the
Southwest Quarter (SW 1/4) of the Northwest Quarter
(NW 1/4) of the Southwest Quarter (SW 1/4), less the
South 175 feet, Section 13, Township 46 South, Range
42 East, Palm Beach County, Florida, less that part
lying within 60 feet of the centerline of Military
Trail as shown in Road Plat Book 2, Page 26.
Further described as commencigg at the West Quarter
corner of said Section 13, S 0 15'22" W. on an assumed
bearing, along the west line of said Section, 697.48
feet; thence east, as a basis of bearings, along the
north line of the aforementioned north half, 38.04
feet, to the Point of Beginning; thence continue
161. 96 feet; thence S 0015'22" W., parallel to, and
distant 200 feet from the west line of said Section,
173.74 feet; thence N 89059'49" W, parallel to, and
distant 175 feet from the south line of the
aforementioned north half, 158.99 feet: thence n,
0043'23" W, along the east right-of-way line of
Military Trail, to the Point of Beginning.
The above described parcel contains 27,80 square feet
or 0.64 acres, more or less.
Section 3. That the Zoning District Map of the City of Delray
Beach, Florida, dated October 1, 1990, be, and the same is hereby
corrected to reflect a zoning classification of I (Industrial) District
for the following described property:
Lot 1-4, Block "C", Plat of Sunny Acres as recorded in
Plat Book 21, Page 63, of the Public Records of Palm
Beach County, Florida.
The above described parcel contains 60,177 square feet
or 1.381 acres, more or less.
Section 4. That the Zoning District Map of the City of Delray
Beach, Florida, dated October 1, 1990, be, and the same is hereby
corrected to reflect a zoning classification of GC (General Commercial)
District for the following described property:
Lot 26, Block 12, Monroe Subdivision, as recorded in
Plat Book 14, Page 67, of the Public Records of Palm
Beach County, Florida.
The above described parcel contains 6,665 square feet
or 0.153 acres, more or less.
Section 5. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning Map of the City
of Delray Beach, Florida, to conform with the provisions of Sections 1
through 4, inclusive, hereo f .
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
-2- Ord. No. 57-90
· I
.-..----,.,- ." - -- --, -,---~---- .----...-.,. _.'_.._~ '.
_. .~--o..-_._.~ . -- - - _._.,,--~-- ---. ,--'- - ...'- -
.,
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1990.
MAYOR
ATTEST:
City Clerk
First Reading Noveraber 27, 1990
Second Reading
-3- Ord. No. 57-90
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM 41= 10 F= - MEETING OF DECEMBER 11, 1990
ORDINANCE NO. 58-90
DATE: DECEMBER 7, 1990
This is second reading of an Ordinance amending the Land
Development Regulations with respect to the Central Business
District 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 matter was first before you at the November 27th meeting, at
which time first reading of the ordinance was deferred to
December 4, 1990, to allow time for the Downtown Development
Authority and the Planning and Zoning Board to review the issue
and jointly develop a recommendation. On December 4th, as a
result of the DDA/P&Z Board deliberations, the Planning Director
conveyed to the Commission their recommendation for a text change
as follows:
( 1) The sale of second hand material, other than verifiable
antiques, shall not be allowed within businesses which
have an entry from and/or windows along East Atlantic
Avenue.
After discussion, a motion was made to approve the ordinance on
first reading and to amend the ordinance in accordance with the
recommendation set forth by the Planning Director. The motion
was passed by a vote of 3 to 2 (Dr. Alperin and Mr. Andrews
dissenting) . Accordingly, second reading of the ordinance, as
amended, along with the required public hearing, has been
scheduled for December 11, 1990.
Recommend approval of Ordinance No. 58-90 on second and final
reading as recommended by the Planning and Zoning Board, the
Downtown Development Authority and, by previous action, the
Community Redevelopment Agency.
, ,
I
ì
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ORDINANCE NO. 58-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR "ZONING
'. ¡ REGULATIONS" , ARTICLE 4.4, "BASE ZONING DISTRICT"
SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT" , SUB-
SECTION 4.4.13 (H), "SPECIAL REGULATIONS" 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 OF SECOND HAND MATERIAL WITHIN BUSINESSES LOCATED
BETWEEN NORTH 1ST AND SOUTH 1ST STREETS TO ONLY THOSE
, J BUSINESSES LYING ON ATLANTIC AVENUE, PROVIDING A
SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE, PROVIDING
, I AN EFFECTIVE DATE.
; ~ 1
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
j I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
H .",>-,
I Section 1. That Chapter Four "Zoning Regulations", Article 4.4
p ..~ "Base Zoning District", Section 4.4.13 "Central Business District" ,
subsection 4.4.12(H), "Special Regulations", of the Land Development
" ~ Regulations of the Code of Ordinances of the City of Delray Beach,
" .--. Florida, is hereby amended to read as follows:
.
.,~ t (1 ) The sale of second hand material, other than verifiable
,~.';. -'. '1-..,..' antiques, shall not be allowed within businesses leea~eë
; ~ :~4t ee~weeft-Nerth-~et-aftë-Se~th-~e~-S~ree~e7 which have an entry
,J from and/or windows along East Atlantic Avenue.
~~ Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
. ' ' , declared by a court of competent jurisdiction to be invalid, such
~ decision shall not affect the validity of the remainder hereof as a
<~";..i;: . whole or part thereof other than the part declared to be invalid.
~,~ _c.",,",,J Section 3. That all ordinances or parts of ordinances which
~, ,-~ are in conflict herewith are hereby repealed.
- .... Section 4. That this ordinance shall become effective
. I immediately upon passage on second and final reading.
._~
J PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1990.
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t -~_.,....
MAY 0 R
; ATTEST:
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City Clerk
1 r
I-- First Reading
Second Reading
. . . .
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: KURTZ, CITY ATTORNEY
t. J~
FROM: D ID . OVACS,~OR
DEPARTMENT OF PLANNING AND ZONING
DATE: DECEMBER 4, 1990
SUBJECT: ORDINANCE 58-90 REVISION - 2ND HAND SALES IN CBD
I have reviewed the language in this draft ordinance and there is
some problem with it. Also, the DDA and P&Z Board met on Monday
and provided favorable recommendations but with the qualification
that the store does not have a door facing, or a window along,
Atlantic Avenue.
rP~~
I suggest that the text be worded as follows: Ð~~
(1) The sale of second hand material, otherr;;an verifiable
antiques, shall not be allowed within 9Yilàings which
have an entry from and/or windows along E. Atlantic
Avenue.
This change would not require a change to the caption.
Also, I note that at the end of Section 1 there is language --
"is hereby amended by amending to read". Perhaps the "by
amending" phrase could be deleted.
Oops, in Section 3 there is specific language pertaining to being
applicable to services rendered commencing on November 1, 1990.
This is unusual. It seems that a normal effective date would be
appropriate thus avoiding any confusions which may exist
regarding the impact of the date of November 1st.
DJK/dlm
c:
David Harden, City Manager
Alison MacGregor Harty, City Clerk
Susan Ruby, Assistant City Attorney
Jerry Sanzone, C.B.O.
Lula Butler, Director of Community Improvement
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERÞ1
SUBJECT: AGENDA ITEM # 10 ~ - MEETING OF DECEMBER 11, 1990
ORDINANCE NO. 59-90
DATE: December 6, 1990
This is a second 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.
The Ordinance was passed on first reading by the Commission on
December 4, 1990, with a 5 to 0 vote.
Recommend approval of Ordinance No. 59-90 on second and final
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
NONRESIDENTIAL CUSTOMERS AND INCREASING THE VEGETATION
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,
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
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),
"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, CAPACITY AND COMMODITY CHARGES TO
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
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 1. 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 .«ø $100 for all meters 3/4-inch through two-inch,
and the actual cost of the teSting with a minimum of .«ø $100 as determined
by Director of Environmental Services for meters three inches and larger,
ORD. NO. 59-90
·
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 'l~ $20 plus $60 for
the actual costs of replacement shall be paid before water service is
mumed. Any meter removed at the request of the consumer for less than a
12-month period, shall not discontinue billings for customer and capacity
charges, and those charges may be billed retroactively for that service in
a lump sum upon reinstallation of the meter prior to the expiration of the
12-month period.
Section 3. That Section 52.31, "Connection Charges", of the Code
of Ordinances of the City of Delray Beach, Florida, is hereby amended to
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 '1$0 $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-
dential dwelling unit. In apartment buildings, condominiums, cooperatives,
duplexes, resort dwelling units. and the like, and per each trailer space
in a trailer park, each living unit shall be considered a separate residen-
tial dwelling unit. I
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(2) There shall be a nonresidential water connection charge
which shall be based on U00 $788 per øi~+tii~/tiit~¢~iti//øt//pøtttøi
t~~t~øti/ti//¢~t~t/.íi~t Equivalent Residential Connection (E.R.C.). An
E.R.C. is found by dividing monthly water consumption by 7,500 gallons.
(3) There shall be a vegetation water meter connection
charge which shall be based on 'Z00 $788 per øi~+tit~/tiit~¢~iti/øt/pøtttøi
t~~t~øt'/ti/¢~t~t/.íi~t Equivalent Residential Connection.
(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
2 ORD. NO. 59-90
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I 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.
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-inch H~0/00 $ 400.00 '].l$ / 00 $ 500.00
I-inch ']./.0/00 525.00 UJ/00 650.00
1-1/2-inch J7 0 / 00 875.00 7UJJ0 1,100.00
2-inch 7~0/00 1,175.00 U0/00 1,475.00
3-inch A/C* AIC + 25%*
4-inch A!C* AIC + 25%*
6-inch and 8-inch A/C* AIC + 25%*
Fire Hydrants A/C* AIC + 25%*
*A/C = Actual cost to the City as determined by the Director of
Environmental Services.
Note: 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:
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,
as follows:
(A) Single-family residence:
Deposit
Inside City Outside City
U0/00 $75.00 '6UJ0 $93.75
(B) Multi-family, nonresidential, and vegetation:
Meter Size
(Inches) Inside City Outside City
3/4 'IJ0/00 $ 75.00 '/~UJ0 $ 93.75
1 J0/00 75.00 6UJ0 93.75
1-1/2 7S/00 100.00 U/7S 125.00
2 t00/00 125.00 t'lS/00 156.25
3 U$J00 150.00 U~¡l$ 187.50
4 l00¡00 225.00 lJ0¡00 281. 25
6 /.00/00 425.00 J00/00 531. 25
8 600/00 625.00 7S0/00 781. 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
3 ORD. NO. 59-90
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or plant of the city to customers within and outside the corporate limi t s
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:
Inside Outside
Type of Customer ....£!!L City
Residential
Customer charge (per meter) $IIUt(¡ $ 1.77 $ U70 $ 2.21
Capacity charge (charged to
all customers, per residential
dwelling unit) $117tH 8.14 $IIØtU 10.18
Commodity charge (per 1,000
gallons) tU .96 t~~ 1.19
Conservation Surcharge* .48 .60
(*rate takes effect after
20,000 gallons) ¡
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Nonresidential and Vegetation
Customer charge (per meter) $IIU1~ $ 1.77 $IIU70 $ 2.21
Capacity charge (based upon
meter size):
3/4-inch meter $117t71 $ 8.13 $IIØt~' $ 10.16
I-inch meter 7t71 13.58 øt~' 16.98 i
1-1/2-inch meter 17 HI. 27.09 Ut~7 33.86 I
2-inch meter , 0tØ6 43.36 , StJ7 54.20 I
3-inch meter ~øtß~ 94.93 S6tU 118.66
4-inch meter 170.83 213.54
6-inch meter 1.øttU 379.64 Utt~~ 474.55
Commodity charge (per 1,000
gallons) tU .96 t~~ 1.19
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,
I is hereby amended to read as follows:
There shall be a service charge of $1, !!1 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.
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:
I A charge of $1.0 $40 in addition to the turn onlturn 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
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:
4 ORD. NO. 59-90
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(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 2.0% 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.
(B) Project Inspection Fee. The Environmental Services
Department will estimate the construction cost of the total project to be
inspected. The inspection fee will be charged to the project owner and
will be calculated as construction cost x 3.0%, but in no case less than
$25.00. In addition, the project owner will pay all inspection fees at an
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.
(C) Utility Standards Fee. The charge for the minimum construc-
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
p~i.1tí~_ 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
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 who Ie 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.
Section 14. That this ordinance shall become effective immed i-
ately upon its passage on second and final reading. That the rates shall
become effective with the water bills prepared after January 1, 1991.
PASSED AND ADOPTED in regular session on second and final reading
on this the days of , 1990.
MAYOR
5 ORD. NO. 59-90
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ATTEST:
City Clerk
First Reading
Second Reading
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6 ORD. NO. 59-90
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER "1
SUBJECT: AGENDA ITEM =It /0 tJ - MEETING OF DECEMBER 11, 1990
ORDINANCE NO. 60-90
DATE: December 6, 1990
This is a second reading of an Ordinance amending the Code of
Ordinances by amending Chapter 54 "Sewerll to provide for an
increase in certain rates and charges associated with sewer
service both inside and outside the City.
The Ordinance was passed on first reading by the Commission on
December 4, 1990, with a 5 to 0 vote.
Recommend approval of Ordinance No. 60-90 on second and final
reading.
. .
ORDINANCE NO. 60-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V. "PUBLIC
WORKS", CHAPTER 54, "SEWERS", SUBHEADING "RATES AND
CHARGES", OF THE CODE OF ORDINANCES OF THE CITY OF
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
. CAPACITY AND COMMODITY CHARGES TO INCREASE SAID
CAPACITY AND COMMODITY CHARGES; BY REPLACING THROUGHOUT
THE CHAPTER REFERENCE TO DIRECTOR OF PUBLIC UTILITIES
WITH 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 1. That Section 54.31, "Connection Charges; Exception".
Subsection (A), "Connection Charges", (1), of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
(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 tKt!
.tti.l/tø_t'/.KltK//K._/~t!t!i//dt!tt!tØlit!d/~f/tKt!//Øltt!ttøt/øt//tiiltøiøt!it.l
gt!tiltt!_/tø//~t!//'lJØ $1084 for each separate residential unit or ~
Equivalent Residential Connection for non-residential units. Uí$t!UUl
iilt/.Kt!tt!/_t!.t!t/l.tt!t.l/ll~t!_/t!il_t/øt/,øJØ/tøt/t!.tK/_t!P.t.tt!//tt!_ldt!itl.l
iilt/øt/tøí$t!ttl.l/i~lt/.Kt!tt!/_t!.t!t/l.tt!til/llit!_/.tt!/.~_t!itl Where two or
more families are living on the same premises, each shall be considered to
be a separate residential dwelling unit. In apartment buildings.
condominiums. cooperatives, duplexes, resort dwelling unit complexes.
motels or hotels, and the like and for each trailer space in a trailer
park, each living unit shall be considered a separate residential dwelling
unit. øt/.t!p.titt!/tøí$t!ttt.l/iittl
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
specifically set forth hereinafter, to which sanitary sewerage service is
available through the facilities afforded by the municipally-owned sewerage
system. according to the following schedule:
Inside Outside
Residential .-f!.EL City
I
(a) Capacity charge (per
residential dwelling unit) ,/71ØØ $ 9.10 ,/øJ7J $11.38
ORD. NO. 60-90
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Inside Outside
Residential ~ City
(b) Commodity charge (based
on metered water with maximum
of 15,000 gallons):
City (per 1,000 gallons) IU .81 IØ9 1. 01
(c) Customer charge 1. 78 2.23
l.it.í4. Øý.t~t.M
t.U..itt.U /t-Ut/ / Utt! /
~ South Central Regional Waste-
water Treatment Disposal Board
(per 1,000 gallons) _//19I1Ø .71 _/1IUU .88
Note: Where no water service is provided, there shall be a monthly custom-
er charge of _lllØ $5.00 per residential dwelling unit, and the commodity
charge shall be based on the maximum 10/ØØØ 15,000 gallons.
(2) Nonresidential/commercial units. A monthly sanitary
sewer service charge is imposed upon each commercial and nonresidential
unit to which sanitary sewage service is available through the facilities
afforded by the municipally-owned sewerage system, according to the follow-
ing schedule:
Inside Outside <
I
Nonresidential/Commercial ~ City I
I
I
(a) Capacity charge (per
meter):
3/4-inch meter _/ /1 IØØ $ 9.10 _/ /811$ $ 11. 38
1-inch meter 1/ØØ 15.19 811$ 18.99
1-1/2-inch meter U/1ø 30.30 U/f,l 37.88
2-inch meter l8/Øf, 48.49 ~$/Ø1 60.61
3-inch meter f,U88 106.17 18/ØØ 132. 71
4-inch meter lUlU 191. 06 UØ/U 238.83
6-inch meter 2$#./1$ 424.60 ~18/U 530.75
(b) Commodity charge l~it...
øi/9Ø%/øt/ø.t.t../~it.t1:
City (per 1,000 gallons) .55 .81 .68 1. 01
(c) Customer charge 1. 78 2.23
~ South Central Regional Waste-
water Treatment Disposal Board
¡ per 1,000 gallons) _/ / / 1911Ø .71 _/ /1/UU .88
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.
(3) Sewerage flow determination. The number of gallons of
monthly sewerage flow for residential and nonresidential/commercial units
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.
2 ORD. NO. 60-90
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(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.
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. That the rates will
become effective with the first water bills prepared after January 1, 1991.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 1990.
MAYOR
ATTEST: i
I
City Clerk
First Reading
Second Reading
I
I
3 ORD. NO. 60-90
·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER?10
SUBJECT: AGENDA ITEM # 12 A- MEETING OF DECEMBER 11, 1990
ORDINANCE NO. 62-90
DATE: December 7, 1990
This is first reading of an Ordinance amending the Code of
Ordinances by amending Chapter 52 "Water" by repealing certain
Subsections with respect to certain connection charges and
transmission and storage fees and providing for the definition of
conservation surcharge. If passed, Public Hearing will be held
on January 15, 1991.
Recommend approval of Ordinance No. 62-90 on first reading.
· ,
,
--
~
ii
" ORDINANCE NO. 62- 9 0
I'!
'I
I, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
;1 OF DELRAY BEACH, FLORIDA, AMENDING TITLE V,
"PUBLIC WORKS", CHAPTER 5 2, "WATER" , SUBHEADING
"RATES, CHARGES, AND FEES" , OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY REPEALING IN SECTION 52.31, "CONNECTION
CHARGES" , SUBSECTION (B) : BY RELETTERING SECTION
52.31, "CONNECTION CHARGES", SUBSECTION (C) : BY
AMENDING SECTION 52.34, "WATER RATES" ,
SUBSECTION (A) , TO ADD THE DEFINITION OF
"CONSERVATION SURCHARGE" : BY REPEALING SECTION
52.35, "TRANSMISSION AND STORAGE FEES",
SUBSECTION (A) : BY RELOCATING AND RELETTERING
SECTION 52.35, "TRANSMISSION AND STORAGE FEES",
SUBSECTIONS (B) AND (C) : 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 in Section 52.31, "Connection
Charge s" , Subsection (B) , "Exceptions to Water Connection
Charge" , be and the same is hereby repealed.
Section 2. That in Section 52.31, "Connection
Charges", Subsection (C) , "Outside City", is hereby relettered to
be (B) .
Section 3. That 52.34, "Water Rates" ,
Subsection (A) is hereby the definition of
"Conservation Surcharge" to
( 5) CONSERV ON SURCHARGE. The charge added to the
"Comm ity Charge" after 20,000 gallons of monthly
o encourage water conservation.
Section 4. That in Section 52.35, "Transmission and
Storage Fees " , Subsection (A) is hereby repealed.
Section 5. That in Section- 52.35, "Transmission and
Storage Fees" , Subsections (B) and (C) are hereby relocated to
Section 52.31, "Connection Charges", and are hereby further
relettered to be Subsections (C) and (D) , respectively.
Section 6 That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 7 That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 8 That this ordinance shall become effective
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1990.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
. . . l
ORDINANCE NO. 62-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS"
CHAPTER 52, "WATER", SUBHEADING "RATES, CHARGES, AND
FEES" OF THE CODE OF ORDINmES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY REPEAL IN ECTION 52.31, "CONNECTION
CHARGES", SUBSECTION (B) .(1) TIHl8U81I (D} (3) ; BY
RELETTERING SECTION 52.31, "CONNECTION CHARGES",
SUBSECTION (C) ; BY AMENDING SECTION 52.34, "WATER
RATES", SUBSECTION (A) , TO ADD THE DEFINITION OF
"CONSERVATION SURCHARGE"; BY REPEALING SECTION 52.35,
"TRANSMISSION AND STORAGE FEES"f£lBsECTION (A) ; BY
RELOCATING AND RELETTERING SECTION 52.35, "TRANSMISSION
AND STORAGE FEES", SUBSECTIONS (B) AND (C); 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:
.AM,
Section 1. ThatASection 52.31, "Connection Charges", Subsection
(B), "Exceptions to Water Connection Charge", OJ tk. .!;iI (J) is hereby
repealed. .
1 ~
Section 2. That,.fSection 52.31, "Connection Charges", Subsection
(C), "Outside City", is he[eby relettered to be (B).
,.1M.
Section 3. That4 Section 52.34, "Water Rates", Subsection (A) ,
~tFð£ taa p11rpnAø .....f ehl.. secJ:luu tho!! fgll'n~iI:l8 ~~£;i,eft~-&fta.H- app.Ly
_Ii! Ii Ii (hi! ¡¡Baten!: c.l~.nly indicates UL U"t<1iLc,; a--dlfferent ~ is
hereby amended to add the definition of "Conservation Surcharge" as
follows:
(5) "CONSERVATION SURCHARGE". charge¡ acldd
The i.øerps!'a.ed
.élt'to the "Commodity Charge" iff. 20,000 gallons of monthly use to 4ftèttee.
water conservation. 4- tr!:r eY C.DIAÂ!t(}e
ÁÑl
Section 4. That.fSection 52.35, "Transmission and Storage Fees",
Subsection (A) is hereby r~pealed.
.MI\
Section 5. ThadSection 52.35, "Transmission and Storage Fees",
Subsections (B) and (C) are hereby relocated to Section 52.31, "Connection
Charges", and are hereby further relettered to be Subsections (C) and (D) ,
respectively.
Section 6. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 7. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 8. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the _____ day of , 1991.
MAYOR
ORD. NO. 62-90
. .
ATTEST:
City Clerk
First Reading
Second Reading
I
i
I
I
I
2 ORD. NO. 62-90
·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERÞ1
SUBJECT: AGENDA ITEM # ~- MEETING OF DECEMBER 11, 1990
ORDINANCE NO. 63-90
DATE: December 7, 1990
This is first reading of an Ordinance amending the Code of
Ordinances by amending Chapter 54 "Sewers" by repealing certain
Sections with respect to certain connection charges and service
rates and renumbering the remaining sections accordingly. If
passed, Public Hearing will be held on January 15, 1991.
Recommend approval of Ordinance No. 63-90 on first reading.
. , . .
.,¡i
ORDINANCE NO. 63-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 54, "SEWERS", SUBHEADING "RATES AND
CHARGES", OF THE CODE OF ORDINANCES OF THE CITY OF
¡ . DELRAY BEACH, FLORIDA, BY REPEALING ~SECTION 54.31,
"CONNECTION CHARGES ;¡J.t~¡fW~N" , SI:íB SI:IBBE6TI6N ,o/tIM6-A:A;PH
(A) (2) (a) THROUGH '5tJB S ON (A) (2) (e) AND A J..t- C> P
SUBSECTION (B) f¡d) 11Ilftilllgn (II) (I) BY~~SECTION
54.32, "SERVICE RATES AND CHARGES", (B) (3) ;
BY RENUMB~ION 54.32, "SERVICE RATES AND
CHARGES", (B)(4); 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
î OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
¡ M'\
J I Section 1. ThatAsecti~~onnection Charges; t~Ption":
i \ Subsection (A), "Connection Char es . ~ ) through (2) (e) aKa ~ubsection
(B) "Exceptions to Connection Charge", (I) II n' "!!Ill cn are hereby repealed.
1 ¡ ~ Charges",
Section 2. ThatASection 54.32. "Service Rates and
¡ Subsection (B), ":: f:~;:;:;: ;:~~m8U saall g~ ~e.teà·.-£f'&I&-
,
, ,
¡
me a~eL~ ðÉ tae, 5 hereby repealed.
.
, t .A.1,(
Section 3. That4 Section 54.32, "Service Rates and Charges",
Subsection (B), ::: f;:;~:;;: ;~al'ges sa!tH-inrt:ut~ --m-.'
;; '~ae lis~r~ vi LIlt: J B is hereby renumbered to be (3).
Section 4. That should any section or provision of this
~ ordinance or any portion thereof. any paragraph. sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such decision
l"~Ìr shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
~j:. Section 5. That all ordinances or parts of ordinances in
conflict herewith be. and the same are hereby repealed.
f Section 6. That this ordinance shall become effective
r
immediately upon its passage on second and final reading.
-
PASSED AND ADOPTED in regular session on second and final reading
on this the _____ day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
ORD. NO. 63-90
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