02-07-89 Special/Workshop
CITY OF DELRAY BEACH, FLORIDA
SPECIAL MEETING AND WORKSHOP - CITY COMMISSION
FEBRUARY 7, 1989
7:00 P.M. AGENDA Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
SPECIAL MEETING
Pursuant to Section 3.07 of the City Charter of the City of Delray
Beach, Florida, Mayor Doak S. Campbell has instructed me to advise you
of a Special Meeting of the Commission to be held in the Commiøsion
Chambers at 7:00 P.M., Tuesday, February 7, 1989.
This meeting has been called for the purpose of considering:
1. Termination of Janitoral Contract: City Hall.
2. Consideration of Settlement Offer Caban (Medina) versus City of
Delray Beach et ale
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~ty Clerk
City of Delray Beach
WORKSHOP
1. Downtown Parking Garage: Laventhal & Horvath Report (Mayor).
2. Cancellation of CRA Start up loan (Commission).
3. Discussion of Downtown Development Authority Board Actions.
A. Increase parking limit in city owned lots.
B. Install temporary signage directing traffic to those lots.
C. Prohibit truck traffic on Atlantic Avenue (SWinton to HE 5th)
D. Modify CBD Zoning to allow sidewalk cafes.
E. Approve expansion of the DDA boundaries and provide legal
assistance.
4. CRA/DDA Merger Discussion
5. East Atlantic Avenue Beautification Program Phase II Status Report
(Sasaki).
6. Kettlehut: Beautification Program Schedule and Update.
7. Proposed ordinance: Mandatory dumpster screening.
8. Consideration of request for funding: Atlantic High. School
Eagle-ettes.
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EIT' DF DELIA' BEA£H
CITY AnORNEY'S OFFICE 3 \ () S.I,. I s\ STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243,7090 TElECOl'lER 407/2784755
MEMORANDUM -
Date: February 3, 1989
To: Walter O. Barry, City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: J & R CLEANING SERVICES CONTRACT/CITY HALL
This letter is to confirm. our conversation of February 1, 1989
wherein we discussed the default of J & R Cleaning Services on
their contract. I have reviewed the material sent. to me by Bob
Savage regarding the history of inadequate performance by J & R
Cleaning Services and concur that the contract has been
breached.
As this contract was entered into by the City Commission it is
my recommendation that the formal declaration of default should
come from the City Commission at a regularly scheduled meetin~
once appropriate notice has been given to J & R Cleaning
Services. I would recommend that at least ten (10) days notice
be given.
If the Commission declares the vendor to be in default and
terminates the contract, it would be appropriate to have
another cleaning service perform the necessary tasks on an
interim basis, prior to rebidding the contract.
Please do not hesitate to contact me should you have any
further questions or concerns regarding this matter.
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cc: Bob Barcinski, Assistant City Manager
Bob Savage, Director of Fleet and Facility
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H E H 0 RAN D U H
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TO: obert A. Barcinski
Assistant City Manager / Community Services
Robert E. Savage
of Fleet and Facility Management
DATE: February 3, 1989
SUBJECT: CITY HALL JANITORIAL CONTRACT
I have been conducting a "report card" program in conjunc-
tion with the various departments located in City Hall in which
the individual departments rate the level of service being
performed on a weekly basis. It is my contention that the le.el
of service is not up to standard, and quite frankly, cannot be
brought up to standard by the current vendor. We have spoken to
the vendor on several occasions and the improvement in service
has lasted only a few days before returning to the unacceptable
level once again.
My recommendation is to request termination of contract from
the City Commission. I have contacted the previous vendor and
they have agreed to come in and perform the cleaning service
until such time as we can rebid the contract. The previous
vendor, Kenland, will perform a walk through this coming week and
will submit a formal price at that time.
It is my understanding that several other departments are
experiencing difficulties with their cleaning contractors. I
propose that all departments be consolidated in their cleaning
contracts and that we compare the costs and· advantages /
disadvantages of contracting with outside vendors to providing an
in-house service. I am currently concluding a study of the costs
associated with the introduction of in-house cleaning and will
present them to you for your review within a week.
RES/res
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February 3, 1989
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J & R Cleaning Systems, Inc.
7875 West Sample Road
Coral Springs, Florida 33055
Subject: Notice of Default
Gentlemen:
This letter shall serve as notice of your default in providing quality
cleaning services for City Hall, as required by your contract.
Contract and performance violations include:
l. Substituting work crews who have not passed polygraph requirements.
2. Utilization of City supplies to perform cleaning services, supplies
by contract that are to be provided by the contractor.
3. Overall continued poor performance, to wit:
a. Failure to vacuum all office spaces, as required.
b. Failure to clean rest rooms, as required.
c. Failure to refurbish rest room supplies, as required.
d. Failure to remove trash from containers, as required.
e. Failure to clean desk surfaces, as required.
After numerous complaints regarding your poor performance, the level of
service has not improved.
Therefore, please be advised that the formal termination' of your contract
shall be placed before the City Commission at their meeting on February 7,
1989.
and Facility Management
c: Walter o. Barry, City Manager
Robert A. Barcinski, Assistant City Manager/Community Services
Ted Glas, Purchasing Director
RES:mld
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CITY AnORNEY'S OFFICE 310 S.E. 1st STREET. SUITE 4 DELRA Y BEACH. FLORIDA 33483
407/243- 7090 TF.LECOPIER 407/2784755
H&'tORANDUM
Date: February 3, 19B9
To: City Commission
Walter o. Barry, City Manager
From: Herbert W. A. Thiele, City Attorney
Subject: MEDINA (CABAN) V. CITY OF DELRAY BEACH, ET AL
OUr office has received information that the Plaintiff is
willing to settle the aforementioned case. The amount of
settlement is $50,000.00 with Western WOrld Insurance Company
to pay one half and the City to pay one half.
This matter was previously discussed with individual Commission
members.
Please put the consideration of this settlement offer on the
Special Meeting of February 7, 1989. The City Attorney's
Office recommends approval of this settlement offer.
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MEMORANDUM
TO: Walter O. Barry, City Manager
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PROM: Frank Spence, Development Services Director
SUBJECT: DOWNTOWN PARKING GARAGE
DATE: Pebruary 3, 1989
The Laventhol and Horvath study, commissioned by the DDA, entitled
"Estimate of Economic and Fiscal Impact for a Proposed Department Store
in Downtown Delray Beach, Florida" has been received. A copy of the
final draft is attached. Briefly, the major impact on downtown Delray
Beach as a result of constructing a 63,000 square foot department store
(Jacobson's) here includes the following:
1. Two hundred and fifty (250) new retail jobs will be created
(135 Jacobson's, 115 ancillary), increasing wages and salaries by
$3.88 million per year, part of which will be spent in the
down town area.
2. Demand for 85,000 square feet of new retail space, same of
which will occupy 24,000 square feet in the proposed parking
garage, with the balance locating in existing vacant spaces, under
used spaces, and existing service/offices that are now in prime
retail locations.
3. Increased retail sales of $12 million for Jacobson's, plus
additional retail demand of $13.68 million, and $11.76 million in
expenditures at eating and drinking places in the downtown area.
This increase in retail sales (over and above Jacobson's) of
$25.44 million per year· will support the construction of 85,000
square feet of new retail space.
4. One hundred and fifteen (115) new construction jobs.
5. Tax increment financing (TIF) to the CRA as follows:
a. TIP from Jacobson's itself: $53,500
b. TIP from Ancillary retail: $35,800
c. TIP from existing vacancies
at Atlantic Plaza: $14,000
d. TIP from neighboring building
value increases (ripple effect): R/A*
TOTAL: $103,300
*Additional revenue from the increased value of neighboring buildings
has not been quantified as of this time.
6. Additional sources of revenue:
a. Building permit fees: $100,000
b. Occupational licenses: 2,240
c. Water and Sewer fees (Connections) : l3,400
W/s \
d. Water and Sewer fees (Revenues): 157,200
TOTAL $272,840
7. Utility taxes will initially contribute approximately $9,200
in 1991 and are estimated to stabilize at $23,000 annually in
1993.
8. Additionally, the rental of 24,000 square feet of retail space
to be included in the garage at $5.00 per square foot will
generate $120,000 beginning in 1991.
THE MEL LEVINE STUDY:
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The CRA and DDA commissioned a marketing and retail analysis study to
be done in the downtown area. This study will be available in ~~nal
form in approximately two weeks. In his oral presentation at a joint
meeting of the CRA/DDA/Atlantic Avenue Association on January 30, 1989,
Mel Levine indicated that the direct impact of a major anchor store
like Jacobson's will result in $9 million plus in retail sales for
stores other than Jacobson's (not including-restaurants and drinking
establishments). This figure added to Jacobson's first year estimated
retail sales of $12 million would total an estimated $21 million in new
retail sales in the CBD area.
Mel Levine also indicated that because of the positive growth of our
primary sales market (east of I-95), retail sales in the downtown area
should increase by $5 million over the next five years, assuming
existing retail establishments maintain their market share.
FINANCIAL FEASIBILITY PROFORMA ANALYSIS
Also attached is a detailed report from the Finance Director, David
Huddleston which provides two options of proforma statements for the
financial feasibility of a downtown parking garage.
Option A provides for a $5.5 million parking garage to be funded by a
20 year bond issue with construction costs financed by a bond
anticipation note. The City's pledge for a financial guarantee of the
debt would be a guaranteed entitlement payment which could be replaced
by a general obligation bond issue. The schedule provides for
potential revenue sources which would help to defray the overall costs
to the City's General Fund. Based on certain provisions and
assumption, the City could be repaid from the anticipated additional
revenues starting in the year 2001. By the year 2010 under this
schedule the City's total contribution would be reduced to $380,208.
The surplus funds which would be generated in 2001 could be used to
either reduce the total City's contribution or to build a reserve for
future parking.
Option B provides a reduced size parking garage by eliminating the top
deck of parking which is estimated to cost $1 million which would
reduce the annual debt service payments by $110,000. The reduced
annual debt service requirement however would still be $440,000 per
year. Although the City's contribution in the year 1990 would be
$725,457, by 1994 the potential revenue stream would exceed the City's
annual debt service and begin generating excess revenues which could be
used to reduce the City's overall contribution to the parking garage.
By the year 2003 the City's total contribution would be eliminated
completely. The surpluses generated after 2003 could be used to fund
additional parking facilities.
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CONCLUSION
As a result of the market analysis and financial analysis done by
Laventhol and Horvath and Mel Levine which analyzed the economic and
fiscal impacts of a major upscale department store (Jacobson's) coming
into downtown Delray Beach, the construction of a parking garage in the
downtown area is economically feasible.
RECOMMENDATION
1. Inasmuch as time is of the essence and the prime essential
prerequisite for attracting Jacobson's to downtown Delray Beach is for
the City to provide a parking garage in close proximity to their
proposed site, it is recommended that the City Commission make a
commitment at this time that it will construct a parking garage on
Block 116 (Carteret) if Jacobson's decides to locate in downtown Delray
Beach on the Atlantic Plaza property. It is my understanding ~hat this
commitment must be made this month and that Jacobson's will make a
final decision within 30 days as to whether or not they will construct
a store in Delray Beach.
2. It is recommended that the full size three deck 496 space parking
garage be constructed all at one time.
3. The details of the financial package will be worked out between now
and the beginning of the next fiscal year, October 1, 1989. Based upon
the information provided in the Laventhol and Horvath study, bond or
tax anticipation notes would be used to provide the necessary funds for
preconstruction expenses such as condemnation costs, legal and
architectural fees. The anticipated construction of the garage is
expected to begin in October 1989 and be completed in May 1990. It
would be the intent of the financial package to utilize every source of
revenue available so as to minimize the impact on the General Fund, as
well as structuring the repayment schedule to repay the City for all
expenses involved in the construction and financing of this parking
garage.
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MEMORANDUM
TO: , Walter O. Barry ,
City Manager
i 0:)
FRO~: David M. Huddleston
Director of Finance
SUBJECT: Parking Garage - Proforma Analysis
DATE: February 2, 1989
I received a telefax copy of the Table 5 Financial Analysis that was
prepared by Laventhol and Horwath. Although I have not received a copy of
their final report, I have attached two options of proforma statements for
the financial feasibility of a downtown parking garage.
OPTION A
This option provides for a $5.5 million garage to be funded by a 20-yeal"
Bond Issue with construction costs financed by a Bond Anticipation Note.
The City's pledge for the financial guarantee of the debt would be a
guaranteed entitlement payment which could be replaced by a General
Obligation Bond subject to voter approval. The schedule provides for
potential revenue sources which would help to defray the overall cost to
the City's General Fund. These revenue sources are as follows:
1- The lease of retail office space located in the parking garage.
2. The addition to the tax roll for the development of Jacobson's. Thes'e
Ad Valorem Tax dollars would go to the Community Redevelopment Agency
(CRA) and the City would need to negotiate with the CRA to transfer
these funds tô the City.
3. Tax Increment Financing (TIF) for the additional property value that
would occur due to the expansion of Atlantic Plaza. This revenue
source would similarly be received by the CRA and be subject to an
agreement with them.
4. A 50% allocation of the exis ting TIF for Atlantic Plaza. These
revenues are currently received by the CRA and a similar agreement
would neeø to be reached with the City to obtain this revenue stream.
5. The ripple effect on the surrounding areas and the corresponding
increase in property values. This amount would also have to be
negotiated with the CRA as it would be a revenue received by them.
6. Parking Ticket Validation - This is the estimåted revenue that could
be received by initially charging $0.25 per hour for parking in the
garage. It is projected that these fees would increase periodically
by $0.25 per hour until they reached $1.00 per hour in the y~ar 2002.
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Walter O. Barry, City Manager
Page Two
February 2, 1989
7. DDA Contributions - This would require a negotiate~agreement with the
Downtown Development Authority (DDA) to transfer ~3 of their current
revenue stream fr~ their taxing diS%ict. ("ØT': ~'S ,..~ lIT /NcI.IIÞ'
INt(lrft-$n DII.'" ."e,8~' .,tn"",nc ~,,~.. ~MNSiltN.)
8. Utility Taxes in the New Central Business District - This is a
projection of increased revenue'which the City would receive from the
new development and expansion in the Central Business District (CBD).
9. Utility Tax Increase of 0.5% - This option provides for an additional
0.5% increase in the Utility Services Tax p¡aced on electric bills
throughout the City. This 0.5% increase on a $100 electric bill would
cost a homeowner an additional $.50 per month. The analysis projects
the need for this increase through the year 1996.
The next-to-the-last line on the analysis reflects the deficit when
comparing the overall annual bond costs to the potential revenue sources.
It is anticipated that this deficit would be funded by the General Fund in
order to meet the annual debt service payments. The last line of th.
analysis indicates the cumulative City's contribution reaching a maximua
total of $1.690.973 in the year 2000. This encompasses both the deficit
funding and the provision for the Utility Tax increase. Based upon these
provisions and assumptions, the City could be repaid from the additional
revenues starting in the year 2001. By the year 2010, this schedule
indicates that the City's total contribution would be reduced to $380.208.
The surplus funds which are generated in 2001 could be used to either
reduce the total City's contribution or to build a reserve for future
parking.
OPTION B
This option provides for the elimination of the top deck of parking which
would reduce the ànnual debt service payments by $110.000. This option
also reflects an up-front City contribution of $0.5 million which would
reduce the annual debt service by $55.000. Based upon these assumptions.
the annual debt service requirement would be $440.000 per year.
The revenue estimates for this option are similar except for the
elimination of the additional 0.5% in Utility Taxes and the provision for a
$500,000 City contribution in fiscal year 1990. As indicated on the
next-to-the-last line on the proforma analysis. the City's contribution in
the year 1990 would be $725.457 which would include the $500.000
contribution. The following year. the City's contribution will be reduced
to $102.339 and by 1994 the potential revenue stream would exceed the
City's annual debt service. These excess revenues starting, in 1994 could
then be used to reduce the City's overall contribution to the parking
garage.
As indicated in the statement under Option B. the City's total contribution
would be eliminated in the year 2003. The surpluses generated after 2003
could be used to fund additional parking facilities.
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Walter O. Barry. City Manager
Page Three
February 2. 1989
After receipt of the final Laventhol and Horwath study. ~ will review their
text to see if it would require any modifications to these proforma.
Both proforma schedules are based upon these assumptions:
1. The TIF will increase at an annual rate of 3%.
2. Parking fee rates will be $0.25 per hour through 1993. $0.50 per hour
through 1997. $0.75 per hour through 2001 and $1.00 per hour for the
remainder of the analysis.
If these assumptions do not hold true or if the CRA does not agree or is
unable to make the payments to the City. the City would still be obligated
i to pay the annual debt service. This would then result in the City's
annual contribution requirement potentially increasing up to the full
amount of the annual debt service.
DMH/sam
Attachment
cc: Frank Spence, Director of Development Services
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MEMORANDUM
TO: Commissioner Mary McCarty
THRU: Walter O. Barry, City Manager
FROM: Cheryl Leverett, Secretary I
SUBJECT: ALTERNATE PROPOSAL FOR DOWNTOWN PARKING
DATE: February 7, 1989
I have done some research in support of my proposal to offer parking
permits to downtown business owners allowing them unrestricted parking
in City owned, unmetered parking lots.
There are approximately seven unmetered, 2 hour parking lots containing
a total of 594 spaces in the downtown area. I have estimated that
there are approximately 10 to 15 businesses per block in the downtown
area surrounding these lots. My proposal is to block off several
parking spaces per business concern and designate those spaces as
employee parking.
In addition, I proposed that an annual fee be charged and parking
permit stickers issued. The revenues generated from these permits
could be used for maintenance on existing lots, expansion, and/or other
downtown parking projects. For example if the City issued parking
permits for 400 parking spaces at a cost of $100 per permit, for a one
year period the City would earn $400,000. I estimate approximately ten
percent of those earnings would go for administration of the program,
while cost of enforcement would remain relatively the same.
This would still leave approximately 194 unmetered parking spaces and
the designated parking area along Atlantic Avenue for customer parking.
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1 [ITY DF DELRAY BEA[H
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I CITY· ft"'TORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
¡ HI 407/243-7090 TELFCOPIER407/278-4755
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J MEMORANDUM
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¡ Date: February 7, 1989
To: Ci ty Commission ~~
From: Jeffrey S. Kurtz, Assistant City Attorney ~
Subject: Expansion of the DDA Boundaries
In order to expand the jurisdiction of the Downtown Development
Authority, it is necessary to request that the legislature pass
a special act. As I am sure the Commission is aware, there
have been two attempts at expanding the DDA's boundaries since
its conception in 1971. On both occasions, the Special Act
passed by the Legislature required a referendum to be held in
order for the Act to be effective. On both occasions, in-
cluding last year by a vote of 8-7, the measures have failed at
the polls.
In most instances when a referendum is called for in a case
such as this, the State Legislature has required that there be
a dual referendum in which both thòse voters within the
existing area and within the area to be incorporated into the
taxing district must approve the expansion. Last years elec-
tion was a single referendum due to the fact that the vast
majority of property to be incorporated into the expansion was
commercial in nature and therefore there would not have been
many, if any, voters eligible t.O vote in a dual referendum.
Therefore it may be appropriate to use those same boundaries
for this years attempt, as the legislature will most probably
require a dual referendum in the event the area of expansion
contains a significant number of electors.
In order to proceed with this local bill, it will be necessary
·to present it to the Local Ilegislative Delegation for their
support, and assuming such support is present, publish the
intent to seek the expansion in the newspaper on or before
Narch 5, 1989.
Should you require any additional information, please contact
the City Attorney's Office.
JSK:sh
cc: Walter o. Barry, City Manager
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[, ~ 01 DElRAY BEA[I<I
C. '·~T·O, r;" \!EY'S OFF~C~: . i":-' 1 ".,11,':':.11.,",\. III ,I 1,'lll':'\\ 1,1, VII ! ~ (.),RII, '.;¡'"
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1-1EMORAN DUM
'ate~ February 7, 1989
:0: Ci ty commission A A~L
'rom: Jeffrey S. Kurtz, Assistant City Attorney t
,ubj ec ì. : Combining the DDA and CRA into One Agency.
:1e1'e ¡illS been a question posed as to ~Ñhether the Downt,own
'evelorment Authority and Community Redevelopment Agency could
,e :nerqed into one entity or whether a Board member could sit
n both Boards. It vJOuld not be possible for an individual to
e a !Clember of both Boards, ClS t.his would constitute dual
,£fice holding. There is, however, an exception to the dual
ffice holding role whereby the City Commission may also act as
he CRi\, As t.o t,he merger issue, after reviewing the special
ct of the legislature which cr>;,;ated the Downtown Development
,ùthori ty and the state statutes and local ordinances con-
ernin~, our Community Redevelopment Agency, it is my ini t.ial
piniolJ that pursuant to Section 163.357(c)(2), the city
. )mrnis~;ion may be able to confer the rights, powers, pri vi-
;.~ges I duties and immunities of the corrununi ty Redevelopment
gency ,:)r the DO'.vntown Development Authority. 'l'his would mean
nat t.1:.:~ Downtown Development Authority would be the remaining
uthor :!_ ty with all the powers of the present CRA Board and not
he re':erse, as the Special Act creating the DDA does not
:mtair' a similar provision.
'\ o.nj'~r to accomplish this !::erger, several administrative
Lscrcliancies would have to be dealt with. Presently, Chapter
70 of OUI Code of Ordinances requires that there be seven
<~mber ,'; on the CRA Board and the DDA is composed of only five
,~mben _ In order to change the number of members of the DDA
oaHl, it would be necessary to request that the change be made
y the Florida Legislature through a special act and therefore
:. he simpler !'vay to accomplish the change would be through
rdinance revisions to Chapter 170. The DDA membership is more
2strictive than CRA membership, as at least three members of
'lêlt Bc,-ud have to be taxpayers or represent taxpayers within
he DD1, area. Furthermore 1 in order to take any af f irma ti ve
ction, the DDA requires at least three votes versus the CRA's
.~quircment that a simple majority of those present in voting
'::i t.y C.·)mmission
L~ebJ:u¡;¡.cy '7, 1989
2agc -,
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.LS necessary for an affirmative action. Once again, to amend
:lnythì¡¡g having to do with the administrative aspec'ts of the
Down ì:o,,¿n Development Au thor i ty \-J01.Üd require a special act of
the lC9islature versus a simple ordim=.mce amendment to amend
',:llose matters as t.hey concern the Communi t_y Redevelopment
,.qcncy .
The more troubling concerns of such a merger has to do with the
'onflicting length of the respective Board members terms and
..he Bo.:u·d IS differing geographical jurisdictions. The terms
for both Boards have been set by the Florida legislature. and
.He three years for DDA members and four years for CRA members.
/\11 al~gumcnt can be made that the authority to act as the CRA
does ¡JDt extend beyond the DDA's geographical boundaries and
thus buth agencies would be necessary to maintain the current
Cl<A ar',;èl . Once again an act of the legi.slature could expand
:he DDi\ IS area to be co-equal with t.he CRA I S area. , thus elimi-
1,<::\ ting that potential argument. 'rhe suggested mechanism for
dccœ:ìplishing the merger of tl1e two Boards would be to direct
our office to prepare an ordinance disbanding the Community
l:edeve1opment Agency and transferring those rights, powers, and
"uthor i ties currently held by th,~ CRA to the Downtown Develop-
r:'.'.:;nt Authority. A·t the same time, it ....lOuld be our suggestion
:...hat t.he Commission request all members of both Boards to
,'8siqn from the Board on or before second reading of the
(,Jrclinance so that the ,., . . '/'Jill have t.he ability to
""OJ1\TIU SSlon
pPO.1.n;. a new Board and effect a smooth transi:tion of CRA
¡mctiuns to the DDA.
:: n any event, should the Commission desire to go forward with a
JlJ¿:rger of those two Boards, it would be wise to request an
(jpinion on the merger, before taking any action, from the
j, t torney General's Office. The reason for this is t.hat the
c.:tion would obviously have an impact on millions of dollars
'.iorth uf activities and at the present time there are no court
l~llinCJi~ or Þ-.ttorney General opinions on the subject. Moreover,
',he stdtutes that we are working with are capable of being
interpreted in several ways.
~;hould any Commissioner have a.ny questions concerning this
,¡,a, t ter , please do not hesitate to contact our office.
... SK : sh
cc: vJal ter o. Barry, City Manager
F:c ·:mk Spence, Director of Development Services
Bill Finley
Robert Federspiel, Esq.
R(j¥ Simon
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M E M 0 RAN DUM
To: John Walker, C.I.P. Manager
From: Nancy Davila, Horticulturist/Special Projects Coordinator
Re: HIGHWAY BEAUTIFICATION GRANT /PERMITTED START-UP DATE
Date: January 30, 1989
I spoke to the staff coordinator for the Highway Beautification Council Grant,
Gary Henry, to clarify the permitted starting dates for projects receiving
funding through the program.
Mr. Henry stated that we will definately be able to begin work on the project
prior to July 1, 1989 for those projects that were submitted for funding in
November of 1988. These areas include the 1-95 Interchanges at Linton and Atlantic
as well as West Atlantic between Swinton and 1-95.
Funding for projects to be submitted for the February 1, 1989 deadline relate to
the fiscal year July 1, 1989 to June 30, 1990. As we plan to submit South Federal
Highway for funding in February this would mean that we could not commence work
on South Federal Highway until after July 1, 1989.
We should receive official notice from the state by the end of next week. As soon
as we sign the 'Maintenance Memorandum of Agreement' and the 'Highway Beautification
Grant Memorandum of Agreement' and it is approved by the District Engineer, we can
begin work.
cc: Frank Spence Xc- /,/~ h
Lula Butler
H. Kurt Kettelhut M~-
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Waste Management of Palm Beach @ A Wa"e Management Cnmp,my
205 Pike Road
West Palm Beach, Florida 33411
305/793,0126
February 7, 1989
Mayor Doak Campbell and
City Commissioners
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mayor Campbell:
Thank you for the opportunity to review the City's proposed
ordinance on "dumpster screening", and for the opportunity
to comment on the proposal. I'm sorry that my schedule
does not permit me to attend tonight's Workshop Session.
Our posture on the proposed ordinance is as follows:
Generally, Waste Management supports the City's efforts
to beautify the municipal environment.
The City should recognize, however, that requiring all
dumpsters to be screened on three sides; and, in most
instances to be screened on all four sides, may have a
significant, negative effect on Waste Management's costs
to collect refuse from these containers.
Dumpster collection rates were established by bid in
1983 when very few dumpster locations required our
personnel to exit the cab, open gates, re-enter the cab,
empty the dumpster, re-exit the cab, close the gates; and,
finally, re-enter the cab yet again to leave the customer
location.
The proposed ordinance would require that all of the
above-noted, extra activities be performed in order
to collect refuse from most of the dumpsters in the City.
Such additional activities might negatively impact on
our productivity by as much as 40%. Waste Management
would be compelled to petition the City for an extra-
ordinary rate increase in order to cover the increased
operating costs resulting from the proposed ordinance.
A Division of Waste Management Inc ot Florida
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@ A W.<te Maoagement Company
Mayor Doak Campbell and
City Commissioners
February 7, 1989
Page Two
Waste Management would not be opposed to operating under
the terms of the City's proposed new ordinance provided
that the issue of additional costs was resolved. Waste
Management would be willing to work with the Code Enforce-
ment Department to insure compliance with the proposed
ordinance.
Best ZdS'
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Michael P. O'Brien
General Manager
DELRA Y BEACH ~- ?(1!J/f
I])OWNTOWN
[Q)EVELOPMENT
illUTHOR'ITY
64 S.E. FIFTH ANENUE
DELRA Y BEACH. FLORIDA 33483 ,
(407) 278-0424
January 23, 1989
Mayor and City Commission
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Fl 33444
Dear Mayor and City Commisssioners:
At it's meeting on January 23rd the Downtown Development
Au thor i ty Board took· the following action and requests your' im-
mediate attention to these important issues.
JILl 1. Recommend changing the city owned parking lots, that now
have a two hour limit, making them a three hour limit.
1 I), \/ 2 . Install temporary signage that would direct the public
to these parking lots. -
¿¥-- 3. Prohibit through truck traffic from using Atlantic
Avenue between Swinton and East Fifth Avenue.
~{î&ti, 4. Change the CBD Zoning code to allow sidewalk cafes.
, 5. Approve and assist our efforts to expand the DDA
~~boundaries by requesting this action from our legislative
delegation and by providing legal assistance to accomplish
this change.
Thanks for your favorable consideration in these matters.
Early action on these vital requests would be appreciated.
Sincerely,
(J('1~(¡<s)
Roy Simon
. Chairman
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cc: Walter o. Barry
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MEMORANDUM :~
TO: WALTER O. BARRY - ~R
FROM: FRANK R. ~~ D RECTOR, DEVELOPMENT SERVICES
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SUBJECT: EXPANSION OF DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT
DATE: JANUARY 27, 1989
At their meeting held January 23, 1989, the Downtown Development
Authority voted to request the City Commission to take whatever
steps are necessary to advise our legislativ~ delegation that it
is the desire of the DDA to expand it's district boundaries.
Inasmuch as the City Commission has the subject of the 1989
legislative program scheduled for it's January 31, 1989 workshop
session, the DDA wanted to present their recommendation to them
at this time even though they have not yet finalized what their
new boundaries will be.
FRS:DQ
cc: Roy Simon, Chairman, DDA
Bill Finley, Exec. Dir., CRA
A: Expansion. DDA
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CONFERENCE REPORT 7
PARTICIPANTS ' Date; 1/19/89
Doak Campbell ,
Walter Barry From~
Frank Spence
Molly Feltham-Sasaki Assoc.
John Walker John Walker
LOCATION OF MEETING
To;
City Manager's Office All Participa:
SU BJ ECT Gerald Church
Atlantic Avenue Beautification Project - Phase II Gates Castle
REPORT
Reviewed and discussed the landscaping plan and design
scheduled for the project.
0 Oak Trees will not be specified in this phase.
Copy To:
0 Between 5th and 6th Ave. will be a transition block; -
trees in the block will be Royal Palms, Washingtonia
or Coconut Palms.
0 From 5th Ave. to the Intracoastal, trees will be
Royal or washingtonia Palms.
0 At this time Royal Palm prices are high and supplies
are limited; so that several alternatives of Palm
types and size, together with cost estimates will
be presented to Commission.
0 A workshop will be held about 1/31/89 to consider
construction f.unding for the project. Sasaki will City of Delray Beac
provide an updated cost estimate, including large
Royal Palms, for budget purposes. 100 N.W. 1st Avenu
Delray Beach, FL 334
0 75% plans will be brought before Commission at (305) 278·2841
a workshop review. At that time, tree alternates
with costs will be presented in detail.
,
0 75% plans will also be submitted to FDOT for permit.
0 A schedule for design and construction of this
phase is expected shortly from Sasaki.
0 Sasaki will inventory the existing trees in Phase
II and make recommendations for their relocation.
0 Paver block intersection treatment will be included
in the 75% plans. The final design will be depen-
dent upon FDOT approval. ~sls
C Mgr 302 CITY OF DELRA Y BEACH
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MEMORANDUM
To: Frank Spence, Director - Development Services Group ~
Via: Lula Butler, Community Improvement Director .
From: Nancy Davila, Horticulturist/Special Projects Coordinator q,D ·
Re: STATUS REPORT/COMPREHENSIVE BEAUTIFICATION PLAN
Date: February 3, 1989
BACKGROUND
The bid opening for five of the beautification projects was held January 12,
1989. This represented a total of ten bids, including landscaping for all
five, irrigation for four and curbing work on one of them as identified
below:
I-95/Linton Interchange - irrigation & landscaping
I-95/W.Atlantic Interchange - irrigation & landscaping
W.Atlantic (between Swinton and 1-95) landscaping (irrigation bid withheld)
East Linton (between 1-95 and A-1-A) irrigation & landscaping
South Federal Highway- irrigation; landscaping & curbing
A review of the bids received finds that they are roughly $200 thousand over
the amounts originally budgeted for those specific areas. Although the
landscape bids were $50 thousand under, irrigation and curbing bids were
$250 thousand over budget.
The overall financial situation is not as bad as it sounds. The contracts
for the two projects currently under construction are $40 thousand under
budget. The City also received a $200 thousand grant from the Highway
Beautification Coupci1 which could help off-set costs. Additional funds have
been applied for in conjunction with South Federal Highway for the fiscal
year 1989-1990. As a result of this application, any work on South Federal
cannot begin until after July 1, 1989.
OPTIONS
Options include scaling down the projects and rebidding or proceeding with
the projects as bid. Most of the cost overruns are for irrigation, but ,it
would be difficult to revise the irrigation to result in a significant
decrease in cost, and therefore, any scaling down would be at the expense of
the landscaping. The Public perception is that these are landscaping
projects and I would not recommend reducing the amount of vegetation
specified for most areas.
In an effort to avoid major delays in the installation of the projects, I
would ask that the following action plan be considered. If there is a
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consensus from the Commission to move forward, a formal recommendation for
award of bids will be presented for the Commission meeting on February 14,
1989.
South Federal Highway
Revise the landscaping plan to delete the trees proposed along the sides of
the road. I feel that these trees could be deleted due t~ the palms that are
already existing along the highway. Additional trees would also conflict
with utility lines, be a source of complaint for blockage of signs, and
would result in future maintenance costs. A savings of $30 thousand could be
gained by this deletion.
Award contracts for irrigation & landscaping with the caveat that the notice
to proceed would not be issued until after July 1, 1989. Rebid the curbing
work as the two bids received were $55 thousand apart. This was due
largely to the requirement for bonding. The lower bid could not provide
bonding as required. If the Commission were to delete the .requirement for
bonding, a substantial savings could be realized.
West Atlantic Avenue
Award landscape plan with the condition that the notice to proceed will be
issued after the bid requests for the irrigation have been reissued and the
bid awarded.
Linton/I-95 Interchange, W. Atlantic/I-95 Interchange!!!!! Linton
Award contracts for landscaping and irrigation.
Taking into account the $40 thousand we are currently under on existing
projects, $50 thousand that may be saved rebidding S. Federal curbing, and
$30 thousand that could be saved by the deletion of the trees proposed along
the sides of S.Federal, this leaves $80 thousand that could either be funded
through the grant money that will be available, or through a reconsideration
of the landscape plans for the remaining target areas.
Status of Projects Under Construction
I have been notified through FP & L that transformers for services 4 through
9 on Linton Boulevard 'cannot be set on Linton Boulevard until Southern Bell
and Leadership Cable lower their conductors. According to FP & L a clearance
of 40 inches must be maintained between the bottom of their transformer and
the top of the CATV conductors. The landscape contractor will be finished
with the installtion of the large trees on Linton by February 8, 1989. He
will not install any additional materials until the transformers are
installed and there is a sour~e of power. for the irrigation system.
The City may need some high level intervention at Southern Bell and
Leadership to get these conductors relocated expeditiously. I will keep you
informed of the progress.
2
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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 305/243·7090
tJlEMORANDUM
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Date: October 13, 1988
"t'o: Ci ty Commission ~~ff-
From:
Jeffrey S. Kurtz, Assistant City Attorney
3ubject: Proposed Ordinance on Dumpster Screening
Pursuant to City Commission direction, a dumpster screening
ordinance has been drafted by the City Attorney's Office for
discussion at an upcoming workshop. I have also included
backup memorandums on the subject from Nancy Davila. The
proposed ordinance is broadly written to include both commer-
cial and residential dumpsters, and it also gives a time period
with which existing dumpsters must be screened. The Commission
may want to consider whether or not they want to apply this
ordinance to all dumpsters, both existing and new, residential
and commercial.
The ordinance provides for only staff review of most of the
dumpsters and the Commission may wish to consider whether or
not they want any or all of the dumpster's screenings to be
viewed by the Community Appearance Board prior to their instal-
lation.
The enforcement of this ordinance would be done by the Code
Enforcement Department, as the Code Enforcement Board has
jurisdiction over garbage and trash provisions of the code.
The penalties would range between $50 and $250 per day for
every day tha~ a dumpster did not comply with the requirements
of this section. Those fines would be levied against the owner
of the property where the dumpster was located.
The major administrative problem in implementing this ordinance
will be to locate all new and existing dumpsters. This obvi-
ously will require cooperation and coordination with Waste
Management. This may then require an amendment to the Waste
Management contract and they should be contacted prior to the
implementation of this ordinance.
If you have any questions concerning this matter, please
contact Nancy Davila· or our office.
JSK: sh
- Attachment
cc: Walter o. Barry, City Manager
Nancy Davila, Horticulturist/Coordinator
Lula Butler, Community Improvement Director W(s 1
David Kovacs~ Planning Director
Frank Spence, Interim Development Services Director
Rich Bauer, Code Enforcement Administrator
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1,;.
O'RDT.NANC'E NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE' 5, "PUBLIC
WORKS", CHAPTER 51, "GARBAGE AND TRASH", "CONTAINERS
AND RECEPTACLES", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA BY ENACTING A NEW
SECTION 51.48, SCREENING BULK CONTAINERS PROVIDING
THAT ALL BULK CONTAINERS SHALL BE SCREENED; PRO-
VIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
AND 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 Title 5, "Public Works", Chapter 51, "Garbage
and Trash", "Containers and Receptacles", of the Code of Ordinances of
the City of Delray Beach, Florida, be in the same is hereby amended by
enacting a new Section 51.48, "Screening of Bulk Containers" to read as
follows:
Sec. 51.48 Screening of Bulk Containers.
(A) All bulk containers shall be screened from adjacent properties
and rights-of-way. Screening may be in the form of a fence wall or
impervious hedge. Any hedge used to screen the containers shall be a
minimum of four (4) feet in height when installed and shall be main-
tained at a height at least equal to the height of a container within a
year of installation. The bulk containers shall be screened on at least
three ( 3) sides and in a manner so as to allow the collection and
removal of garbage and trash within the container. If the access point
may be viewed from an adjacent property or rights-of-way, a wooden fence
shall be placed across said access point
(B) Within ten (10) days of requesting bulk container service. A
customer shall submit plans to the Development Department indicating the
location and proposed method of screening of the container on a plot
plan, which shall be reviewed by the Development Department. Customers
shall have thirty (30) days from receipt of the approval to install the
screening on a contalner. A customer shall be considered to have
requested bulk container service when there is a request for a new
container and where there is a request to transfer the billing for the
bulk container service between one entity or person and another.
(C) On any new development or modifications to existing structures
or landscaping, requiring Community Appearance Board approval, where it
is anticipated that bulk container service will be necessary, plans
showing the location of the container and proposed method of screening
of a container. Completion of the bulk container screening shall be a
prerequisite to the development or modification being issued a certifi-
cate of occupancy.
(D) Any bulk container which shall be used to service restaurants
shall include in the plans, submitted to the Development Department and
Community Appearance Board, the location of a hose bid for wash-out and
drainage sump.
(E) Existing bulk containers which are unscreened as of the
effective date of this ordinance and where no change in occupancy occurs
or modifications pursuant to section 51.48 (C), shall be required to
comply with the provisions of this section within two (2) years of the
effective date thereof.
.
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Section 2. That all ordinances or parts of ordinances which
dre in conflict herewith be and the same are hereby repealed.
Section 3. That should any section qr provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1988.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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2 ORD. NO. ,
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CIT'y MANAG ,1969
ATLAlTIC HIGH SCHOOL BAGLB-BTTBS FRS OFFICE
2501 Beacrest Blvd.
Delray Beach, PL 33444
February 2, 1989
Kayor Doak ea.pbell aDd City CœIIIi_ioDere
Delray Beach, PL
Dear Kayor aDd CommissioDers:
This letter is to request release of the S2,~OO.OO allocated-
1D the City budget to the Bagle-Bttee.
This mODey will be used to help fiDaDoe the exp8DS" for the
UpcœaiDS coapetitioD seaSOD. I have attached a copy of our
budset for your iDformation.
The Bacle-Btte. are very crateful to the City for their support
aDd thank you very much.
SiDcerely,
BAGLB-BTTB PARmIT GROUP
:¡; ?Y~~
. u y W 11_
·President
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ATLAlTIC HIGH SCHOOL BAGLB-BTTBS
DBLRAY BBACH, PLORIDA
,
1989 SPRIIG COXPBTITIOI SBASOI BUOOBT
OTICIPATBD IICCDIB: AlTICIPATBD BXPDSBS:
City ot Delray Beaoh 2,500 larching Auxiliary 1.800
Candy Sales 500 Xi88 But 6,2'15
Ad Book 1,200 Dallas lational 1'1,260
Delray Affair 3,000 Asat. Director !500
Spring Carnival 4,000 eostua.., Props 2,000
XatchinK Funds trOD
Scool Boardl 8,830
K1sol. Donations 1,000 <
.....
Total Inoome 20,830 Total Bxpens88 2'1.835
Deficit '1,OOS
2'1,835 2'1.835
l]latching funds from the School Board apply to lational
Compet1tons only.
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MEMORANDUM
TO: Mayor and Commission
FROM: ~ Acting City Manager
SUBJECT: FUTURE WORKSHOP MEETINGS
DATE: July 28, 1989
There are several items pending which will require workshop meetings.
We have tentatively selected dates for those items, however, Commission
approval is requested. Those items are as follows:
A. Interviews for the Golf Course RFP's - tentatively scheduled
for August 14th. This involves the interview of the seven
prospective bidders for the golf course contract.
B. Budget Workshops- tentatively scheduled for August 15th, 16th,
and 18th. Review of Fiscal Year 1989-90 proposed budget.
c. Joint Meeting with CRA - tentatively scheduled for August
29th. Commission direction to the CRA Board for establishment of
goals and objectives.
RAB:cl
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August 1, 1989
Mem bers of the City Commission:
I wholeheartedly regret, but accept, Bob Barcinski's decision not to
remain as Interim City Manager.
In analyzing the requirements at hand, it is my desj_re that Malcolm Bird
be appointed Interim City Manager. Mr. Bird is an experienced leader in the
community and enjoys broad support from the public. He is, therefore,
uniquely qualified and possesses the 8 kills to carry the community forward
and to address our aggressive agenda at hand: schools, the budget,
redevelopment, and the upcoming bond issue. Mr. Bird has my complete
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support.
Sincerely,
Trish Brainerd
City Commissioner