04-11-89 Regular
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
APRIL 11, 1989
7 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.
1. Roll Call.
2 . Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Special Meeting minutes of March 7, 1989 and March 21,
1989.
6. Proclamations:
A. Chamber of Commerce Week- April 9 through April 15, 1989
B. Victims' Rights Week- April 9 through April 15, 1989
C. Arbor Day - April 29, 1989
7. Presentation:
A. Ernst and Whinney Presentation of Audit.
PUBLIC HEARINGS
8. ORDINANCE NO. 16-89: An Ordinance adding "School No. 4 Delray
Colored" as established in 1895, located on Block 28, Lot 2, N.W. 5th
Avenue to the Local Register of Historic Sites.
9. ORDINANCE NO. 17-89: An Ordinance adding Greater Mount Olive
Missionary Baptist Church located on Block 28, Lot 7, 40 N.W. 4th
Avenue to the Local Register of Historic Sites.
10. ORDINANCE NO. 18-89: An Ordinance adding St. Paul African
Methodist Episcopal Church, located on Block 27, Lot 5, 119 N.W. 5th
Avenue to the Local Register of Historic Sites.
1l. ORDINANCE NO, 19-89: An Ordinance adding The Free and Accepted
Masons of Delray Beach Lodge 275, located on Block 28, Lot 1, 85 N.W.
5th Avenue to the Local Register of Historic Sites.
12. ORDINANCE NO. 20-89: An Ordinance adding St. Matthew Episcopal
Church, located on Block 32, Lot 1, 404 S.W. 3rd Street to the Local
Register of Historic Sites.
PUBLIC COMMENTS
13. Comments and Inquiries on Non-Agenda Items from the Public.
FIRST READINGS
Agenda
Meeting of 4 /11/89
-2- .
14. ORDINANCE NO. 22-89: An Ordinance establishing the criteria for
open burning permits. If passed Public Hearing April 25th.
15. ORDINANCE NO. 24-89: An Ordinance amending the City Code to
provide that parking surfaces on historic sites or within historic
districts may be improved with surface material other than that
generally deemed appropriate by the City Engineer, subject to approval
of the Historic Preservation Board. If passed Public Hearing April
25th.
16. ORDINANCE NO. 25-89: An Ordinance deleting the 1,500 foot space
requirement for certain social services uses. If passed Public
Hearing April 25th.
17. ORDINANCE NO. 26-89: An Ordinance amending Chapter 100
"Nuisances", Section 100.08(A) to provide that any building wall
visible from public right-of-ways shall be maintained in a secure and
attractive manner. If passed Public Hearing April 25th.
18. ORDINANCE NO. 27-89: An Ordinance amending Chapter 165 "Unsafe
Buildings" , Section 165.33(C) to provide for advertisement of hearing
notices for unsafe buildings whenever certified and/or first class
mail is returned unclaimed or is undeliverable. If passed Public
Hearing April 25th.
REGULAR AGENDA
19. APPROVE AGREEMENT BETWEEN CITY AND OCEAN PROPERTIES, INC. :
Approval of land exchange agreement between the City and Ocean
Properties for use as the site of Fire Station No. 2.
20. APPOINTMENT OF A MEMBER TO THE CIVIL SERVICE BOARD: Consider
appointment of a member to a term ending April 1, 1991.
21. APPOINTMENT OF A MEMBER TO THE HISTORIC PRESERVATION BOARD:
Consider appointment to fill the unexpired term of Sandra Norton
ending June 9, 1989.
22. APPOINTMENT OF A MEMBER TO THE PLANNING AND ZONING BOARD:
Consider appointment to fill the unexpired term of Bill Andrews ending
September 28, 1990.
23. APPOINTMENT OF A MEMBER TO THE PLANNING AND ZONING BOARD:
Consider appointment to fill the unexpired term of Phyllis Plume
ending September 28, 1989.
24. APPOINTMENT OF CITY PHYSICIAN: Consider appointment of Dr.
Frederick Swartz, M.D. to provide preemployment physicals and worker
compensation services.
25. APPLICATION FOR RENTAL REHABILITATION GRANT FUNDS: Approval of
application for funding under the HUD Rental Rehabilitation Program in
the amount of $200,000 to fund 1989-1990 programs.
26. HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE AGREEMENTS: Approve
agreements and request for matching funds from Florida Department of
Transportation for beautification projects from the Atlantic
Avenue/I-95 Interchange to Swinton Avenue; and from the Linton
Boulevard/I-95 Interchange to the east and west right-of-ways and
the north and south of on/off ramps.
27. APPROVAL TO TRAVEL - HISTORIC PRESERVATION BOARD CHAIR AND STAFF
MEMBER: To attend Preservation Day 1989 in Tallahassee, Florida from
April 25th thru 26th.
28. LINE OF CREDIT: Consider option to bid line of credit and
provide staff with direction on term, rate structure, projects to be
included, amount of line of credit, repayment funding sources, and how
Agenda
Meeting of 4 /11/89
-3-
line of credit will be secured.
29. CITY HALL EXPANSION CONTRACT: Consideration of recommendation to
rebid City Hall expansion project; specify items to be included in the
base bid specifications; and determine any alternatives.
30. SETTLEMENT OFFER UNISYS: Consider offer of settlement from
Unisys to settle the Police Department computer dispute in the amount
of $202,500.
CONSENT AGENDA
31. RESOLUTION NO. 18-89: A Resolution for the abandonment of alley
located in the City Hall block.
32. RESOLUTION NO. 19-89: A Resolution assessing costs for abatement
action on an unsafe building located at 32 E. Atlantic Avenue.
.
33. RESOLUTION NO. 20-89: A Resolution assessing costs for abatement
action on an unsafe building located at 1107 S.W. 7th Avenue.
34, RESOLUTION NO. 21-89: A Resolution assessing costs for abatement
action on an unsafe building located at 1105 1/2 S.W. 7th Avenue.
35. ACCEPTANCE OF EASEMENT DEED: Acceptance of a 12' easement which
encroaches on Plat II A of the Lago Del Rey property. Easement is
required for City maintenance on an existing sewer main and in
conjunction with the Hidden Lake subdivision development.
36. FINAL PLAT - HIDDEN LAKES SUBDIVISION: Consider final plat for
Hidden Lakes Subdivision located on the west side of Homewood
Boulevard between Homewood Lakes Subdivision and Lago Del Ray.
37. SALE OF MERCEDES AND BENTLEY: Authorize sale of the two Mercedes
and one Bentley automobile at a joint public auction with the City of
Boca Raton on May 6, 1989.
38. AWARD OF BIDS AND CONTRACTS:
A. Vehicle Body Work Repairs - Dan Burns Oldsmobile, Inc. _
$21.90 an hour and 18% off for parts with funding to come from
user departments line item for Repair and Upkeep- Automotive.
B. Award Bid for Fluoride Chemical Feed equipment to Utilities
Services, Inc. in the amount of $62,500 with funding from Account
No. 441-5162-536-60.43 (Water and Sewer Fund 1984).
C. Award Bid for Bidding Phase Services for the Water Treatment
Plant Expansion project to Post, Buckley, Schuh and Jernigan
Inc., in an amount not to exceed $27,128 with funding from
Account No. 441-5162-536-60.46.
D. Award Bid for Painting Projects with funding from Account No.
334-4172-572-60.27 (General Construction Fund Pompey Park)-
$13,060.
1. Gold Coast Painting Company- Bath House, Park Maintenance
Facility, Concession/Restroom- $6,060 and;
2. Victory Painting Company- Recreation Center (Pompey Park)
- $7,000
E. Re-award portion of Bid originally made to Dennis Fronrath
Chevrolet to Bill Wallace Ford for one van and two trucks.
Amount and funding accounts provided below.
One (1) replacement 3/4 Ton, crew cab with utility body and
lift gate- $16,600.37 for Account 001-3141-541-60.84 (Streets
Agenda
Meeting of 4/11/89
-4-
Department)
One ( 1) replacement 3/4 Ton, crew cab with lift gate-
$15,336.37 from Account 001-3113-541-60.84 (Streets
Department)
One ( 1) eight passenger van - $15,010.10 from Account
001-2315-526-60.84 (Fire Department)
F. Professional Services Agreement - Gee and Jensen- To privide
consulting services relative to several fire station projects-
$7,000 with funding from Account No. 116-000-301-16.00 (City
Land- Unappropriated Fund Balance).
G. Rental Rehabilitation Program- Deferred Loan Contract Award.
Approve deferred loan contracts to rehabilitate properties
located in the CDBG Target area - $127,000, with funding from
Account No. 118-1975-554-60.23 (Rental Rehabilitation Grant).
127 - 135 N.W. 13th Avenue - $19,953.00
221 - 223 S.E. 13th Avenue - $ 3,775.00
24 - 28 S.W, 9th Avenue - $51,850.00
133 - 135 S.W. 10th Avenue - $ 4,625.00
39. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT - MEETING OF APRIL 11, 1989
DATE: April 7, 1989
PUBLIC HEARINGS
Item No. 8 (Ordinance No. 16-89) This is a Second Reading of an
Ordinance adding "School No. 4 Delray Colored" , as established
October, 1895, located on Block 28, Lot 2, N.W. 5th Avenue to the
Local Register of Historic Sites. No. 4 Delray Colored, established
in 1895, was the first school opened for black residents.
The school was initially conducted in a thatched hut on 5th Avenue
part of which is now the west parking lot of the greater Mt. Olive
Missionary Baptist Church. Historical marker designation for this
site is proposed. The Historic Preservation Board at it's March 16th
meeting approved this recommendation.
Recommend approval of Ordinance No. 16-89.
Item No. 9 (Ordinance No. 17-89) This is a Second Reading of an
Ordinance adding Greater Mount Olive Missionary Baptist Church located
on Block 28, Lot 7, 40 N.W. 4th Avenue to the Local Register of
Historic Sites. Mount Olive Missionary Baptist Church was organized
in 1896, it is the third oldest church in Palm Beach County and the
oldest Church in Delray Beach.
The Historic Preservation Board at it's March 16th meeting ratified
the recommendation to include Mount Olive Missionary Baptist Church
into the Local Register of Historic Sites.
Recommend approval of Ordinance No. 17-89.
Item No. 10 (Ordinance No. 18-89) This is a Second Reading of an
Ordinance adding St. Paul African Methodist Episcopal Church, located
on Block 27, Lot 5, 119 N.W. 5th Avenue to the Local Register of
Historic Sites. St. Paul A.M.E, was constructed in 1911.
The Historic Preservation Board at it's March 16th meeting ratified
the recommendation to include St. Paul A.M.E. into the Local
Register of Historic Sites.
Recommend approval of Ordinance No. 18-89.
Item No. 11 (Ordinance No. 19-89) This is a Second Reading of an
Ordinance adding The Free and Accepted Masons of Delray Beach Lodge
275, located on Block 28, Lot 1, 85 N.W. 5th Avenue to the Local
Register of Historic Sites. Organized in 1899 the Free and Accepted
Masons Lodge 275 is one of the oldest fraternal organizations in South
Florida.
The Historic Preservation Board at it's March 16th meeting ratified
the recommendation to include The Free and Accepted Masons of Delray
Beach Lodge 275 into the Local Register of Historic Sites.
.
AGENDA REPORT
Meeting of April 11, 1989
Recommend approval of Ordinance No. 19-89.
Item No. 12 (Ordinance No. 20-89) This is a Second Reading of an
Ordinance adding St. Matthew Episcopal Church, located on Block 32,
Lot 1, 404 S.W. 3rd Street to the Local Register of Historic Sites.
Organized in 1911, the year Delray Beach was incorporated, it is one
of the first Black churches erected south of Atlantic Avenue. The
church was established for communicants from the Bahamas Islands, many
of whom settled in Delray Beach.
The Historic Preservation Board at it's March 16th meeting ratified
the recommendation to include St. Matthew Episcopal Church into the
Local Register of Historic Sites.
Recommend approval of Ordinance No. 20-89.
FIRST READINGS
Item No. 14 (Ordinance No. 22-89) This is a First Reading of an
Ordinance establishing the criteria fqr open burning permits. As a
result of direction provided by the City Commission, the City
Attorney's office has prepared two alternative ordinances for
consideration. The first draft ordinance provides an exception to the
Code to permit open air burning provided an air curtain incinerator is
used and other Fire Department criteria is met.
The alternative ordinance permits exceptions on a case by case basis
with City Commission approval.
The primary permitting agency for open burning permits is Palm Beach
County, subject to local requirements. Mr. Ajaya Satyal an
Environmental Specialist with HRS has advised that burning using
an air curtain incinerator will not pollute the atmosphere due to the
reburning of smoke.
Recommend approval of Ordinance No. 22-89.
Item No. 15 (Ordinance No. 24-89) This is a First Reading of an
Ordinance amending the City Code to provide that parking surfaces on
historic sites or within historic districts may be improved with
surface material other than that generally deemed appropriate by the
City Engineer, subject to approval of the Historic Preservation Board.
Recommend approval of Ordinance No. 24-89.
Item No. 16 (Ordinance No. 25-89) This is a First Reading of an
Ordinance deleting the 1,500 foot space requirement for certain social
services uses. We recently received a request for the establishment
of a social service and use (abused spouse residence) which is within
1500 feet of a similar use. Current Code requires a distance of 1500
feet or more between these uses. The use of the minimum distance
requirement might be considered in the decision process, however as an
absolute criteria is not good planning.
The Planning and Zoning Board at their March 20th meeting recommended
amending the Code to delete the 1,500 foot space distance restriction
on similar social service uses.
Recommend approval of Ordinance No. 25-89.
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AGENDA REPORT
Meeting of April 11, 1989
Item No. 17 (Ordinance No. 26-89) This is a First Reading of an
Ordinance amending Chapter 100 "Nuisances", Section 100.08(A) to
provide that any building wall visible from public right-of-ways shall
be maintained in a secure and attractive manner.
Recommend approval of Ordinance No. 26-89.
Item No. 18 (Ordinance No. 27-89) This is a First Reading of an
Ordinance amending Chapter 165 "Unsafe Buildings", Section 165.33(C)
to provide for advertisement of notices of hearing for unsafe
buildings whenever certified and/or first class mail is returned
unclaimed or is undeliverable. This action is consistent with other
Code Enforcement procedures.
Recommend approval of Ordinance 27-89.
REGULAR AGENDA
Item No. 19 Approve Land Exchange Agreement Between City and Ocean
Properties, Inc. This transaction involves the exchange of property
between the City and Ocean Properties. The City will receive a 58'
strip of land extending from AlA to Andrews Avenue, which is the
proposed site of Fire Station No. 2 and a parking lot. In return
Ocean Properties will receive the existing Fire Station #2 site and
the City parking lot site north of the Holiday Inn, which will be used
to expand current hotel facilities. Prior to expansion of the hotel
site Ocean Properties will construct a new parking facility for the
City, demolish the old fire station site and design and construct the
retaining walls for the east and south boundaries of their parcel.
Recommend approval of land exchanqe aqreement between the City and
Ocean Properties.
Item No. 20 Appointment of Member to the Civil Service Board.
Milford Ross' term on the Civil Service Board has expired and pursuant
to Commission policy he is ineligible for reappointment. We have
received applications from:
June Henley
David Henninger
Murry Sohmer
Recommend appointment of one member to the Civil Service Board to a
term endinq April 1, 1991.
Item No. 21 Appointment of Member to the Historic Preservation Board.
This appointment is to fill the unexpired term of Sandra Norton which
ends June 9, 1989. We received applications from:
Christine Bull
K. Wayne Campbell
Connie MacKenzie
Larry Billon
Diane L. DeMarco
P. Richard Brautigan
The Historic Preservation Board has recommended as it's preference of
candidates, Diane DeMarco, K. Wayne Campbell and Christine B.
- 3 -
AGENDA REPORT
Meeting of April 11, 1989
Bull, in order of preference.
Recommend appointment of one member to the Historic Preservation Board
to a term ending June 9, 1989.
Item No, 22 Appointment of Member to the Planning and Zoning Board.
This appointment is to fill the unexpired term of Bill Andrews which
ends September 28, 1990, We received applications from:
(1) Jean Beer (1 ) Samuel DeOto Helen S. Egelman
(2 ) Matt Gracey Jr. Hugh B. Gage Catherine Newkerk
(3 ) David Klarer Edith Jennings Jon Levinson
Katherine Stokes (4 ) Sandra Almy Mark Krall
Connie MacKenzie Jay Felner Rita Naron
(5) Larry Schneider (6) Alice Finst Sandra Norton
Leonard Syrop ( 7) Leonard Mitchell (8) Charles Toth
Diane DeMarco Thomas G. Purdo Stanley Watsky
Wanda Gadson
(1) Appointed Code Enforcement Board
(2) Appointed Community Redevelopment Agency
(3 ) Appointed Board of Adjustment
(4) Appointed Civil Service Board
(5) Appointed Board of Construction Appeals
(6) Appointed Historic Preservation Board
(7) Appointed Human Relations Committee
(8) Appointed Code Enforcement Board
Recommend appointment of one member to the Planning and Zoning Board
to fill the unexpired term of Bill Andrews ending September 28, 1990.
Item No, 23 Appointment of a Member to the Planning and Zoning Board.
This appointment is to fill the unexpired term of Phyllis Plume which
ends September 28, 1989. We received applications (listed by date
received) from:
(1 ) Jean Beer (1) Samuel DeOto Helen S. Egelman
(2 ) Matt Gracey Jr. Hugh B. Gage Catherine Newkerk
(3 ) David Klarer Edith Jennings Jon Levinson
Katherine Stokes (4) Sandra Almy Mark Krall
Connie MacKenzie Jay Felner Rita Naron
(5) Larry Schneider (6) Alice Finst Sandra Norton
Leonard Syrop (7) Leonard Mitchell (8) Charles Toth
Diane DeMarco Thomas G. Purdo Stanley Watsky
Wanda Gadson
(1 ) Appointed Code Enforcement Board
(2) Appointed Community Redevelopment Agency
(3) Appointed Board of Adjustment
(4) Appointed Civil Service Board
(5) Appointed Board of Construction Appeals
(6) Appointed Historic Preservation Board
(7) Appointed Human Relations Committee
(8) Appointed Code Enforcement Board
Recommend appointment of one member to the Planning and Zoning Board
to fill the unexpired term of Phyllis Plume ending September 28, 1989.
Item No. 24 Appointment of City Physician. The City annually appoints
a physician to conduct pre-employment examinations and treat or
- 4 -
.
AGENDA REPORT
Meeting of April 11, 1989
coordinate treatment of work related accidents involving employees.
Dr. Frederic Swartz has been the City's staff physician for general
employees since 1985. He has offered to provide pre-employment and
worker compensation services again this year.
Recommend appointment of Dr. Frederic Swartz as City Physician for
calendar year 1989.
7tem No. 25 Application for Rental Rehabilitation Grant Funds. This
is a request to approve submission of an application to HUD for a
$200,000 grant to fund our 1989-1990 Rental Rehabilitation Program.
This is a 50/50 match program with a maximum subsidy amount per unit
of $5,000 (no bedrooms), $6,500 (one bedroom), $7,500 (two bedrooms)
and $8,500 (three or more bedrooms).
For the past two years we have received $142,900 (1987-1988) and
$127,000 (1988-1989). Eighty percent (80%) of those funds have been
obligated. In addition a waiting list of funding requests has been
established as result of our upgraded code enforcement efforts.
Recommend approval of request to submit an application to HUD for a
$200,000 qrant to fund our 1989-1990 Rental Rehabilitation Proqram.
, Item No. 26 Highway Beautification Grant and Maintenance Agreements.
At your October 11, 1988 regular meeting the Commission adopted a
Resolution authorizing the City Manager and his staff, through
beautification consultants, to apply for a Florida DOT Highway
Beautification Grant. These grant and maintenance agreements are for
beautification projects from the Atlantic Avenue/I-95 Interchange to
Swinton; and from the Linton/I-95 Interchange to the east and west
right-of-ways and to the north and south on/off ramps.
This is a 50/50 matching grant fund program. We currently have
$198,441.76 in the Beautification Trust Fund Account to defray our
costs for this project. Staff is requesting $123,618.50 in matching
funding from DOT.
Recommend approval of Hiqhway Beautification Grant Memorandum and
Maintenance Aqreements.
Item No. 27 Approval to travel- Historic Preservation Board Chair and
Staff Member. The Historic Preservation Board Chair and Historic
Planner are requesting approval to attend Preservation Day 1989,
sponsored by the Florida Trust for Historic Preservation and the
Bureau of Historic Preservation to be held in Tallahassee on April
25th and 26th. In addition to briefing and reception sessions, a
lobbying session is also included. The estimated cost for this trip
is $800 and funds are available in Account No. 001-2711-524-34.09.
Recommend approval of Historic Preservation Board request for Chairman
and staff person to attend Preservation Day 1989.
Item No. 28 Line of Credit. Following discussion at your April 4th
worksession this item has been place on your agenda for further
direction. Items to be resolved include, bidding of line of credit;
term and rate structure; projects to be included; line of credit
amount; repayment sources; and how the line of credit will be
secured.
Recommend further direction from Commission.
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AGENDA REPORT
Meeting of April 11, 1989
Item No. 29 City Hall Contract. A consensus was reached at your
April 4th meeting to not execute the proposed contract for the
expansion of City Hall as it is currently written, but to rebid the
project with modifications. It is requested that Commission direction
be given specifying the items to be included in the base bid
specification and other alternative you may feel appropriate so that
this project may proceed.
Recommend further Commission direction.
Item No. 30 Unisys Settlement Offer. Consider settlement from Unisys
in the amount of $202,500.
CONSENT AGENDA
Item No. 31 (Resolution No. 18-89) A Resolution for the abandonment
of a 16' wide alley running north/south through the middle of the City
Hall property from N.W. 2nd Street to the Community Center. The
abandonment is required for the City hall expansion project and should
have been abandoned when the existing City Hall structure was
remodeled. The Planning and Zoning Board has reviewed the abandonment
and recommends approval.
Recommend approval of Resolution No. 18-89.
Item No. 32 Resolution No. 19-89. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 32 E. Atlantic Avenue. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
lien on this property in the event the assessment of $1,577.50 remains
unpaid.
Recommend approval of Resolution No. 19-89 assessinq costs for abatinq
an unsafe buildinq within the City.
Item No. 33 Resolution No. 20-89. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 1107 S.W. 7th Avenue. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
lien on this property in the event the assessment of $1,952.50 remains
unpaid.
Recommend approval of Resolution No. 20-89 assessinq costs for abatinq
an unsafe buildinq within the City.
Item No. 34 Resolution No. 21-89. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 1105 1/2 S.W. 7th Avenue. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
lien on this property in the event the assessment of $3,272.50 remains
unpaid.
Recommend approval of Resolution No. 21-89 assessinq costs for abatinq
an unsafe buildinq within the City.
Item No. 35 Acceptance of Easement Deed- Lago Del Rey Sewer Main.
This deed provides a 12' easement, which encroaches into the Lago Del
Rey property, for City maintenance of an existing sewer main. The
Planning and Zoning Board discovered the easement requirement during
- 6 -
.
AGENDA REPORT
Meeting of April 11, 1989
their plat review of the Hidden Lake subdivision and placed a
condition upon the developer to provide an easement deed prior to
final plat approval.
Recommend acceptance of a 12' easement deed from Laqo Del Rey
Subdivision.
Item No. 36 Final Plat- Hidden Lakes Subdivision. Hidden Lake is a
proposed 72 lot, zero lot line, single family development to be
located on the west side of Homewood Boulevard. This item was first
before the Commission in August 1988 for site and development plan
approval. The preliminary plat was approved by the Planning and
Zoning Board in October 1988 subject to conditions. Each of those
conditions have subsequently been satisfactorily addressed.
The Planning and Zoning Board at it's November 21, 1988 meeting
recommended approval of the final plat. Due to pending legal matters
between Hidden Lake and Lago Del Rey, staff delayed bringing this item
before the Commission. A detailed report is available in the City
Manager's office for review.
Recommend approval of final plat for Hidden Lake subdivision.
Item No. 37 Sale of Two Mercedes and One Bentley in a joint public
auction with the City of Boca Raton on May 6th. Staff is recommending
a joint auction with the City of Boca Raton, in order to receive the
best possible price for the three rather expensive vehicles
confiscated by our Police Department. Boca Raton also has some "big
ticket" items for auction and combining with them should prove
profitable. The auctioneer currently under contract with the City of
Boca will conduct the auction. Both cities will share the advertising
and auctioneering expenses equally.
Recommend approval of ioint auction between the Cities of Delray Beach
and Boca Raton for the disposal of three confiscated vehicles.
38. AWARD OF BIDS AND CONTRACTS:
A. Vehicle Body Work Repairs - Dan Burns Oldsmobile, Inc. -
$21.90 an hour and 18% off for parts with funding to come from
user departments line item for Repair and Upkeep- Automotive.
B. Award Bid for Fluoride Chemical Feed equipment to Utilities
Services, Inc. in the amount of $62,500 with funding from Account
No. 441-5162-536-60.43 (Water and Sewer Fund 1984).
C. Award Bid for Bidding Phase Services for the Water Treatment
Plant Expansion project to Post, BUCkley, Schuh and Jernigan
Inc. , in an amount not to exceed $27,128 with funding from
Account No. 441-5162-536-60.46.
D. Award Bid for Painting Projects with funding from Account No.
001-4131-572-33.31 (Parks Repair and Upkeep of Buildings)- $3,375
and Account No. 119-4151-572-33.39 (Beautification Trust
Fund/Parks Repairs and Upkeep Other)- $9,685.
1. Gold Coast Painting Company- Bath House, Park Maintenance
Facility, Concession/Restroom- $6,060 and;
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AGENDA REPORT
Meeting of April 11, 1989
2. Victory Painting Company- Recreation Center (Pompey Park)
- $7,000
E. Re-award portion of Bid previously awarded to Dennis Fronrath
Chevrolet to Bill Wallace Ford for one van and two trucks.
Amount and funding accounts provided below.
One (1) replacement 3/4 Ton, crew cab with utility body and
lift gate- $16,600.37 for Account 001-3141-541-60.84 (Streets
Department)
One (1 ) replacement 3/4 Ton, crew cab with lift gate-
$15,336.37 from Account 001-3113-541-60.84 (Streets
Department)
One ( 1 ) eight passenger van - $15,010.10 from Account
001-2315-526-60.84 (Fire Department)
F. Professional Services Agreement - Gee and Jensen- To provide
consulting services relative to several fire station projects-
$7,000 with funding from Account No. 116-0000-301-16.00 (City
Land- Unappropriated Fund Balance).
G. Rental Rehabilitation Program- Deferred Loan Contract Award.
Approve deferred loan contracts to rehabilitate properties
located in the CDBG Target area - $127,000, with funding from
Account No. 118-1975-554-60.23 (Rental Rehabilitation Grant).
127 - 135 N. W, 13th Avenue - $19,953.00
221 - 223 S.E. 13th Avenue - $ 3,775,00
24 - 28 S.W. 9th Avenue - $51,850.00
133 - 135 S.W. 10th Avenue - $ 4,625.00
- 8 -
"
DEPARTMENTAL [ITY DF ,
CORRESPONDENCE
DELRAY BEA[H
City' Commission
TO Walter O. Barry, City Manager ~(j
~~
FROM Doak S. Campbell, III - Mayor
SUBJECT Letter from James L. Pennington Dated October 24, 1986 DATEApril 5, 1989
,
For your information and historic perspective, I am,~CIOSing a copy of
a "Projects Memo" from James L. Pennington, former City Ma' ger, dated
October 24, 1986.
I hope this will better help you understand some of my frustrations with
regard to the time lag of our progress.
cc: Press (3)
,-
eM 362 THE EFFORT ALWAYS MATTERS
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I
[ITY DF DELRAY BEA[H
., '.',- !JE~~A'r' BEACH. FLOR~ID~ J34..j:4' 305 278.2841
MEMORANDUM
TO: Honorable Mayor and City Council
FROM: James L. Pennington, City Manager: gf.~,.-J
SUBJECT: GOALS AND OBJECTIVES FOR CITY GOVERNMENT -
REOUESTED RESPONSE
DATE: October 24, 1986
On October 10, 1986, the Mayor filed with the City: Council and
City Manager, a memorandum relative to a status report and/or
follow up on a, number of "goals and objectives" that the City is
currently considering and/or carrying out.
From a personal and professional standpoint, I greatly appre-
ciate this request as it provides a focal point for both the
Counoil and staff. As all of you are aware, these 33 items are
but a fraction of the programs and projects which the City is
currently planning or has underway and I believe successfully
completing.
However, as in any large organization, the need for communi-
cation is of utmost importance. I have tried to keep Council
informed on a multiplicity of projects and programs through
copies of memoranda and City Manager reports to Council. In
fact, information has been supplied on each item referenced
except those in which the City Manager's office or City De-
partments have not been involved.
I recognize after reviewing this request that our current
procedures may not be providing the information Council needs -
in effect the sheer volume of information needs to be summarized
and condensed. I would propose that after reading this response
to your original request and the items which were brought up at
the October 14th Council meeting, which in turn were discussed
with the Mayor for inclusion in this report, that we make
monthly written status summaries accompanied by oral reports by
the City Manager at both regular and workshop meet'ings. I would
further recommend that we add an additional section to our
agenda. This would be a "Pending List". I have found that in
other cities that I have served, this is a good way to track
items that have not yet been approved by Council or are still
being discussed.
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Memo to Honorable Mayor and City Council, Subject: Goals and
Objectives for City Government - Requested Response
October 24, 1986
Page Two
Further, many of the items referenced at the October 14th meet-
ing will be scheduled for future workshops. Due to the sheer
volume and importance of some of these issues - policy oriented -
I believe you will be required to have a series of meetings and
our office will quickly follow up with a proposed schedule.
I would hope that the following information, and in some cases
requests for clarification, is satisfactory. It will be our
policy to maintain this list, deleting projects on completion
and adding new ones of major importance.
1 . Cemeterv. A cemetery report with improvement recommen-
dations and alternative decision packages was presented to City
Council in December 1985. Since that time, some improvements
and changes have been implemented by staff.
The department has been reorganized with direct supervision
being provided by the Parks Division. T)le Supervisor position
at the cemetery was downgraded to a Laborer. A maintenance
improvement schedule has been implemented and equipment changes
. and purchases have been made to improve the efficiency of the
operation and the overall appearance. A program of replanting
and resodding has been implemented. A resurfacing program has
been developed, new directional signs installed and additional
irrigation improvements have been made. A program to realign
headstones has been initiated as per recommendations. Parks
staff is currently developing a proposed fee schedule change and
is in the process of improving the record system and paperwork
procedures.
However three major decision packages remain. These are:
a. The decision on entrance development, 1. e. , whether
to change the entrance to S. W. lOth Street and
develop this acreage or to redesign existing
entrances and traffic flow.
b . The decision on irrigation - do we irrigate with
treated water to eliminate high rust content and
staining?
c. The decision on a mausoleum - to construct or not.
Develop through private sources and location.
These items need policy direction from City CounQil. Develop-
ment plans for the entryway changes and site development with
cost figures were contained in the December, 1985 report, along
with information on irrigation and mausoleum costs. At this
time, staff would suggest that a market study be conducted on
the mausoleum issue concentrating on need and location recommen-
dations.
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Memo to Honorable Mayor and City Council, SUbject: Goals and
Objectives for City Government - Requested Response
October 24, 1986
Page Three
2 . Beautification Prollram. The City, as of October 7, 1986,
has received 12 RFPs for landscape/architect consultant
services. I have appointed a committee of staff and a repre-
sentative from the Beautification Committee to review the
applicants. The selection committee met on October 17, 1986 and
the Beautification Trust will meet on October '24, 1986 to
prioritize project reccmmendations. The recommendations~for a
consultant short list and project priorities will be presented
to City Council on or before November 4, 1986.
Following selection of a consultant and appropriate policy
decisions by Council, a final schedule will be developed in
consultation with the consultant and Beautification Trust Com-
mittee.
3. CaDi tal Outlav BOl"l"owinR:. Mr. David Huddleston has just
completed a seminar relative to the Sunshine State Pooled Muni-
cipal Finance, Program. Upon his return from vacation, he will
provide a complete report and update on the status of this pro-
gram.
.
For your information, in order to meet an October 24th deadline,
Mr. Huddleston has filed notice with the Pool of our intention
to borrow as per Council's earlier actions.
The Community Redevelopment Agency will be able to participate
in the borrowing pool and we anticipate a very effective borrow.
4 . Citv Hall EXDansion. The expansion of City Hall is one of
our primary concerns. Currently, a space needs study is in pro-
gress with the results to be consolidated by staff. I am
projecting a compilation of results to be completed by mid-
November. At that point, alternate solutions and phaSing can be
determined. The final stage would be to develop cost estimates
and financing alternatives. Our staff is capable of accomplish-
ing all of the above by January, 1987. However, I am discussing
the use of an outside adviser to act as a consultant in this
matter which would speed up the above steps by allowing one
individual firm to concentrate totally in this project. It
would also give us possibly a more objective and long range
view. I expect to have made a decision on the retaining of a
consultant by the time you receive this report.
5 . Office for Citv Council Members. This item ha~ led 1;9 two
issues:
a) The use of the old Police Department building.
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I
Memo to Honorable Mayor and City Council, SUbject: Goals and
Objectives for City Government - Requested Response
October 24, 1986
Page Four
b) It is an integral part of the space needs study
currently in progress.
We would like to solicit input from the City Council regarding
perception of their space needs for offices and meeting rooms
along with perception of the size and nature of the Council
Chambers appropriate for the City now and in the future. Timing
of this issue is contingent upon the space study and for use of
the old Police Department.
Addressing specifically the use of the old Police Department, I
seriously question the remodeling of this facility to bring it
up to code. Cost effectiveness and time frame for use makes
using it less than desirable with my recommendation to proceed
with City Hall expansion studies and plans and utilizing other
facilities (rentals) if necessary for expanding staff and
Council office needs.
6. West Atlantic Avenue CleanuD. Cleanup of West Atlantic
Avenue has been "attacked" with a two prong approach. First,
. through Code Enforcement and second through increased police
patrol activities. Council is keenly aware of the success of
our patroling (TACT) efforts and the announcement of the
creation of a new unit (two officer patrol unit) which shOUld
make an even greater impact on the criminal activity. We are
still faced with judicial problems with regard to our loitering
ordinances. This may have to be addressed at the State legis-
lature.
With regard to the trash problem, littering, etc., our Code En-
forcement office has made a determined effort to control these
prOblems under the umbrella of eXisting laws and ordinances.
However, legal time frames have slowed progress and the Code
Enforcement office and City Attorney are currently reviewing
proposed changes in our ordinances (espeCially with regard to
immediate cleanup by the City with charge backs to the owners).
Other efforts that indicate we may be starting to get help, are
the increase of community awareness, both of assisting police
and new indications that neighborhood groups are willing to
develop pitch-in and clean-up programs. The staff is actively
pursuing these programs as well as obtaining information from
successful programs in other cities.
While I would like to say the problems can easily be solved,
they cannot be. But the City is dedicated to finding an answer
and I believe that significant strides have been made. However,
staff has been instructed to be constantly on guard against
"relapse" as this occurred on several occasions.
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I
Memo to Honorable Mayor and City Council, SUbject: Goals and
Objectives for City Government - Requested Response
October 24, 1986
Page Five
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7. Police Deoartment Orllanization. I will acknowledge, as
does the Police Department, that there is a need to have ad-
ditional black officers and appropriate training (sensitivity)
programs. In order to address this issue more clearly, I have
asked the Police Department to provide a status report (which is
attached) to explain to Council exactly what we have been doing,
both in recruitment and training.
I believe that this program has moved the department forward in
recruitment, and with renewed efforts, should be 'even more
successful. I am also very pleased with the efforts that have
been undertaken with our psychologist and human rela tions train-
ing. These will all be ongoing programs.
8. Code Enforcement. As referenced in #6 above, the Code En-
forcement Office and the City Attorney are currently working on
ordinance changes or other legal procedures to greatly decrease
the time between citations and removal or ,remedy. The Code En-
forcement Administrator has revised the Code office internal
procedures which has already reduced processing time by up to
. five days. In examining the overall organization of this
office, if the procedural and legal changes are as effective as
we anticipate, I will be requesting Council to increase the
clerical staff to handle the paperwork. However, I am not going
to make this request until we have had a chance' to see if the
remedies currently being discussed in the legal department are
workable.
In summary, we recognize this as a priority and the staff is
committed to solving the problem, and as I indicated, some
different legal approaches will probably be required.
9. ACQuisition of Parkin" Lot for Old School Souare. The
staff is currently examining two potential sites; one north of
the Old School and one (a number of lots) directly to the west.
To bring you up-to-date, the City Attorney's office has con-
tacted an appraisal firm to identify values in 'Block 60 (the
land between City Hall and the Old School). The appraisals
should be returned to the City Attorney within a month and will
provide Council with alternatives for site selection. With this
information in hand, Council can clearly determine the direction
which you wish to take with this program.
10. Old School Souare Renovation. The City Manager's office
has not been involved in this project nor has any specific
department. To date, all efforts have been conducted by vol-
unteers, with some remodeling estimates being provided by Jim
Johnson to the CRA.
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I
Memo to Honorable Mayor and City Council, Subject: Goals and
Objectives for City Government - Requested Response
October 24, 1986
Page Six
In order to more effectively proceed with this project, the
following is needed:
a) Establish responsible agency or staff, 1. e. ,
Historical Society, CRA or City staff.
b) Develop a Program of Use.
c) Develop funding program.
Until the first two items are taken care of, it will be ex-
tremely difficult for whoever is responsible for this project to
proceed.
11. Linton Boulevard
12. Conllress Avenue. I have combined these two items as they
are closely related. It should be clearly understood that these
are County projects, but to try and avoid as many problems as
Possible, the Engineering Division and Public Works have assign-
ed personnel to work with the County and ,contractors on a daily
basis to prevent another Swinton.
. For your information, the following is an update on the status
and proposed County schedule for these projects:
a) Widen Linton Boulevard to six lanes from Dixie
Highway to Congress Avenue. Underground work
completed. Road construction in progress.
Estimated completion date - December 1986.
b) Widen Congress Avenue to four lanes from Atlantic
Avenue to north City limits, urban section. Pre-
liminary plans completed. Final plans due in six
months. Construction 1986/87.
c) Widen Congress Avenue to four lanes from Linton
Boulevard to Atlantic Avenue, urban section.
Preliminary plans completed. R/W acquisition -
1986/87. Construction 1988/89.
13. New Fire Stations. The Fire Department is currently
undertaking a Fire Station Location Analysis Study to analyze
effectiveness of current and projected station sites.
a) Fire Station 2 Replacement - This facility is en-
visioned to be located in the center portion of the
beach area. Estimated cost $500,000., Construction
to begin in 1986/87. Construction plans not yet
finalized. Architest to be selected in conjunction
with location analysis.
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Memo to Honorable Mayor and City Council, Subjeot: Goals and
Objectives for City Government - Requested Response
October 24, 1986
Page Seven
b) Fire Station 1 Replacement - This facility is en-
,visioned tc be located in the core area of the
community. Estimated cost $1,322,326. Construc-
tion projected to begin 1987/88. Construction
plans not yet finalized but would recommend
architect selection and proceed with plans.
c) Fire Station 5 - This additional facility is pro-
jected to be located in the southwest section of
the City. Estimated cost $560,000. Construction
to begin 1989/90. Construction plans not yet
finalized.
14. Annexation of Countv Pockets. The staff has beeli very
active in working on the annexation of the enclaves.
We have set up a ccmmunity committee to organize a campaign to
ensure passage of the Enclave Act. The members are:
Jay Slavin Sid Soloway
Helen Coopersmith .Barbara Stimpson
. .Stanley Milosky .Rose Kinaird
Elaine Roberts .Donna Bradford
Bay Hinchliffe Charlotte Schneider
Lenny Syrop Sam Schwimer
. County pocket residents
First meeting of the committee was held on October 8, 1986 and
the following was decided:
Tc purchase various campaign literature to be distributed
throughout the City.
Flyers.
Stickers to be worn.
Small posters placed in store front windows.
Palm cards distributed to Poll Watchers on election day.
One more mailing to County pocket registered voters.
Advertisements in all local papers.
Advertising on Cable TV from October 11th - November 4th.
15. New Tennis Courts. The consulting contract to study the
feasibility of relocating the tennis courts to the Golf Course
was originally awarded by City Council to Digby Bridges, Marsh
and Associates and later assigned to Roy Simon when Mr. Bridges
declined. The scope of the services includes study'ing the feasi-
bility of relocating 16 tennis courts and the addition of a
swimming pool to the Golf Course, reviewing the existing con-
ditions of the buildings and making recommendations for repairs,
and additional improvements to the Golf Course because of the
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Memo to Honorable Mayor and City Council, Subject: Goals and
Objectives for City Government - Requested Response
October 24, 1986
Page Nine
which would allow the units to be sold under a "Lease Purchase"
program. The financing program has been discussed with the
Director of the CRA. MI'. Hutzler has stated that financing and
zoning approvals will be secured by November and the Authority
plans to begin construction after all approvals are received by
the City, with plans for ground breaking and construction to
begin no later than January, 1987.
In addition, MI'. Hutzler reports that construction will start on
a multi-purpose room to be utilized for programs directed to
resident children and recreation, prior to the end of 1986.
The Housing Authority is conducting a study to determine the
feasibili ty and marketability of an adult congregate living
facility through a HUD sponsored 202 program. On November 19th,
MI'. Hutzler will be meeting with HUD officials to discuss this
project.
18. Homestead ProJlram. The following is an update on the
implementation schedule for the Homestead Program:
.
a) Land Use Plan Amendment initiated August 1986,
Council hearing. Transmitted to State late
August. Public Hearing on State review, December,
1986. Rezoning will be initiated' after Land Use
Plan Amendment approved.
b) Policies and Procedures for administering program
developed by staff. Council review scheduled for
October, 1986.
c) Begin market analysis after approval of policies
and procedures. Complete by early December, 1986.
d) Tentative site - 18 acres owned by City north of
cemetery, east of Carvel' School, off N. W. 8th
Avenue and N. W. 4th Street being investigated for
development sui tablli ty.
e) Site plan to be developed by staff for Council
input by December, 1986.
f) Complete formal site plan and plat review process
by February, 1987.
g) Begin program implementation, i. e. t complete bid
specification and bid water and sewer improvements
for test site by January, 1987.
h) Complete water and sewer construction, early March,
1987.
i) Begin site development, 1. e. , housing construction,
March, 1987.
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Memo to Honorable Mayor and City Council, Subject: Goals and
Objectives for City Government - Requested Response
October 24, 1986
Page Eigh t
impact of these facil1 ties. Members of the staff and I have
discussed this project with Mr. Simon and a report is due from
him on October 29th.
16. Golf Course Imorovement. The City has contracted with the
USGA to perform quarterly inspections at critical times of the
year. The last USGA inspection was conducted in late August and
the report was received by the City on October 15, 1986 and was
forwarded to City Council and other groups with a copy of a
letter from the City Manager to Mr. House. Response is due on
November I, 1986. The August report, as well as the April
report, show improved conditions in the course, particularly in
turf health and growth in the fairways and on the greens. We
expect the leasee to implement recommendations contained in the
August report. However, parking lot and green areas around the
Club House continue to be a problem not being addressed by the
leasee. This area is also part of the maintenance requirements
of the contract and the 1easee has been given the remainder of
the contract year to rectify this problem. The management plan
for 1987 is due November 1 , 1986 and will be forwarded to
. Council when received. In addition, staff will begin regular
meetings with golfers' associations to obtain' input on the over-
all condition of the course and improvements; first meeting is
scheduled for December 22, 1986. The petition received by the
MGA was answered and forwarded to Mr. House. ' All items con-
tained in the petition were the responsibility of the leasee.
The leasee's management plan indicates that irrigation improve-
ments and replacement of rain shelters will be completed this
contract year.
Other facility improvements will be addressed by Mr. Simon as
part of his study of tennis court feasibility and faCility im-
provements.
17. Housinll: Authoritv Construction Pro2ram. The Housing Au-
thority Chairman, Robert Hutzler, reported to the City Manager's
of fi c e on October 7, 1986 that the Authority had hired an
architect to complete the plans, specifications and working
drawings for Auburn Trace. These plans are scheduled for com-
pletion by early November, 1986, at which time all r"equired
documents will be submitted to the City for site plan and other
approvals. A Land Use Plan amendment and zoning changes have
been initiated by the City, sent to the State for, approval, and
should be completed and approved by December, 1986. Other ap-
provals should be completed by late January, 1987.
The Housing Authority, in cooperation with the firm of Mathews
and Wright, have developed a financing plan for the project
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I
Memo to Honorable ,Mayor and City Council, Subject: Goals and
Objectives for City Government - Requested Response
October 24, 1986
Page Ten
19. ParkinJZ Lot on N. W. lith Avenue.
a) May 6, 1986, City Council authorized staff to
negotiate with property owner for purchase of lot
for parking on N. W. 5th Avenue.
b) June 12, 1986, City Attorney and Assistant City
Manager began negotiations with property owner, who
indicated that he would settle for 2-1/2 times the
appraised value and requested the City to re-
appraise the parcel and look into the possibility
of a land swap. Negotiations were conducted in
accordance with Federal guidelines.
c) Property reappraised for original value; report
received July 7 , 1986. It was determined that a
land swap was not available.
d) August 1986, review conducted by outside counsel to
determine feasibility of eminent domaine procedures
and costs vs offer in excess 9f appraisal.
e) September 5 , 1986, proposed purchase offer sent to
property owner by City Attorney.
. f) October 9 , 1986, tentative agreement received from
property owner.
g) November, 1986, schedule City Council action on
purchase.
h) November, 1986, complete purchase 'transaction and
survey.
i) Late November, 1986, complete specifications for ,
bid parking lot construction.
20. Additions to Miller Field. The final draft of the illus-
trative site plan and conceptual grading plan for the addi tional
10 acres at Miller Park was delivered on October 14th by the
architect, Richard Tindell and Associates. The plan includes a
major league baseball field, softball/baseball practice field, a
multi-purpose field and Support facilities (concessions, rest-
rooms, and 90 car parking lot) . Also included was a l50'x150'
area as a possible new water tank site. In studying the op-
tions, it was determined the best development was to have
vehicular access off Dotterel Road. This plan has been re-
viewed and tentatively approved by the City staff, the Baseball
School, Delray National Little League and the Delray Soccer
Association. The contract with the Baseball School provides for
the City to bring the property up to rough grade. , The Baseball
School then has 48 months to construct a major league baseball
and multi-purpose field. According to the City Attorney's
office, there is some question as to the responsibilities of
each party with respect to support facilities.
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Memo to Honorable Mayor and City Council, Subject: Goals and
Objectives for City Government - Requested Response
October 24, 1986
Page Eleven
I recommend the plan be reviewed by City Council and once ap-
proved, we will establish guidelines for negotiating with the
Baseball School as to who is going to be responsible for the
development and maintenance of what faCilities. Financing per-
mitting, we can then proceed to bring the property up to rough
grade.
21. I-Q'i Interchanlte. Boca Raton (Clint Moore Road). At
present, our staff is monitoring meetings between the City of
Boca Raton, the County and principal developers for the develop-
ment of this interchange. By attending these meetings, staff
will be able to quickly flag your attention if any action is
needed on our part or advise of any adverse decision. Studies
and reviews would take two years. Design and plans would
follow. Earliest construction date is five years.
22. Barwick Park. Phase I of Barwick Park concluded this past
spring and included grading, seeding, ir.rigation, landscaping
and support facilities. Funds for Phase II have been requested
in the capital improvements budget as follows:
.
Pavilion $ 34,000
Parking Lot 21,000
Playground Equipment 30,000
Signs, Trash Containers, etc. 15,400
Contingency 10.000
$110,400
On September 23rd, City Council approved Resolution No. 53-86
which authorized the submittal of an application to the Florida
Department of Natural Resources in the amount of $73,350 for
Phase II. I understand preliminary grant approval normally
occurs around February and final approval in May. Program eligi-
bility is not retroactive, which would preclude construction
until it was determined whether the grant had been approved.
Therefore, if we move forward immediately, it will be totally on
our own. Counci'! direction is necessary.
23. Atlantic Avenue Veterans' Park. No one on staff has been
directly involved in this project. It is our understanding that
a master plan is being recommended by the CRA but little action
is anticipated by that agency because of more pressing priori-
ties.
If Council wishes to move forward, I would suggest that, first,
a determination be made as to who is in charge of the project.
The City could pursue a master plan for the park by contracting
with an architect, develop a plan and cost estimates. We could
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Mell!o to Honorable Mayor and City Council, SUbject: Goals and
Objectives for City Government - Requested Response
October 24, 1986
Page Twelve
then apply for Land and Water Conservation on FRDAP fund s next
year for development or program our own capital improvement
fu nd s or a combination of both.
24. Additional Downtown Parkin". The Atlantic Avenue Task
Force and the CRA Plan did not identify a current parking
problem, with the exception of isolated areas. Council should
be advised that from my past experience, unless there are meters
or paid parking, a parking garage would require heavy subsi-
dization. I would recommend that this is a problem that is the
responsi bi 11 ty of the DDA and CRA, but we will be glad to work
with them on this issue.
25. Atlantic Avenue Brid"e Seawall Renair. If I understand
this Objective, it is an integral part of the Veterans' Park
Master Plan project discussed in '23. If this is not the case,
I request Council clarification.
26. Beach Front Park Imorovement Plan. The following is an
item by item status of the Beach Improvement projects:
.
a) Beach Showers - six installed and 20 ordered.
During the installation of the initial six, it was
discovered the valves and hardware were in poor
condition and were not in valve boxes. The con-
tractor was requested to give us a price to make
these improvements and we are awaiting his reply.
If the amount can be covered out of current budget,
showers should be completed by the end of November.
b) Lifeguard Towers - the contractor has started all
three and near completion on one. Anticipate com-
pletion mid to end of November.
c) Flagpole Monument - bids opened September 23rd.
Dan Concrete was on vacation and references could
not be verified until September 29th. Because the
bid was substantially lower than the others, the
architect was requested to review the bid. This
was done on October 13th, and the architect felt
that Dan Concrete has a good grasp of the project.
Project should be completed 45-60 days from notice
to proceed.
d) Trash Containers - originally bid on August 8th.
Beach Committee redeSigned the containers. Re-
quested and received permission on September 23rd
to bypass competitive bid procedures and award on
basis of uniqueness. Trash containers were ordered
September 30th and installation should begin by
late November.
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I
Memo to Honorable Mayor and City Council, Subject: Goals and
Objectives for City Gcvernment - Requested Response
October 24, 1986
Page Thirteen
e) Planters - planters are now in place with final in-
stallation scheduled this week. Currently seeking
bids for installation of irrigation system. Plant-
ings will then be installed with the entire project
being completed by late November to early December.
f) Concrete Benches - bids were opened September 17th
and awarded September 30th. Expect installation by
late November.
g) Beach Signs - completed and installed.
h) Atlantic Dunes Park - specifications for irrigation
system being worked on; sodding and landscape
plants will follow upon completion by end of
December (if no bidding is required). The parking
lot is blacktopped and completed.
i) Painting of Revetment Wall - a test strip was
sealed and painted and the rest worked through;
City Engineer is looking at other options.'
j) Resodding Grassy Areas Eas t ,of Sidewalk - pending
completion of other projects.
k) Anchor Park - cost to resod is closer to $14,000
since the entire park is in need. Landscaping to
be completed with Atlantic Dunes Park.
1) Wooden Benches - ordered September 11th. Will
paint and install by mid November.
m) Gazebo and Newspaper Stands - awaiting input from
architect; probable completion in January or
February.
27. Carver Park Imorovements. On October 7 , 1986, at a City
Council workshop, Council indicated it was their intention to
proceed with this project, awarding the contract to McTeague Con-
struction Company, Inc. in the amount of $171,375; transferring
$40,960 from 85/86 Community Development Fund and $55,000 from
the Recreation Impact Fund. Contract award will be brought back
for Council action when the City Attorney and School Board At-
torney complete the formal agreement for adoption; agreement to
contain an amortization clause. It is anticipated that the
agreement and contract award will be available for Council
action in early November, contracts executed by late November,
work to begin by December 1 , 1986 with completion in 120 days.
28. Coordination of Buildinll Permit Aoolication. Over the
past year, we have been attempting to review and, implement new
programs that will speed up the total development process with-
out losing its integrity. Currently, we have initiated a
process with which our staff is experimenting. At this point,
there are mixed reviews with more positive comments than
negative. We are finding our weaknesses and have already cut
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Memo to Honorable Mayor and City Council, Subject: Goals and
Objectives for City Government - Requested Response
October 24, 1986
Page Fourteen
the time for an application significantly from the beginning of
the year.
Once the system has been "debugged", oUr next step will be to
work toward a goal of "one stop permitting". I am listening to
and consulting with both developers and citizens as well as my
staff and reviewing concepts used in other communities.
A major part of our problem seems to be complaints regarding
ordinance requirements vs staff requests and board comments. I
have instructed the staff to keep their formal oomments strictly
to technical/ordinance requirements and to clearly indioate
their professional opinion in a different section of their
reports.
A number of sessions are being held to try and get all parties
involved in the total process to develop a better system. I
would hope to present to Council, in late November 01" early
December, a complete report on the TRC procedures. In the
interim, our staff is looking at a number of in'consistencies in
current ordinances and City policies. Recommendations for
change may take as much as a year because of the complexity of
the matter and our work on the Comprehensive Plan.
29. TowinlZ Service Contract. Last year, t'he question of
towing service for City and Police vehicles was brought to the
Council's attention. At that point, it was the City's intention
to bid the towing contract to one form rather than to maintain a
rotation list. However, due to the controversial nature of this
issue, the City Manager met with all of the wrecker services and
determined that the existing rotational service should' be main-
tained.
If there are any other questions relative to towing contracts,
it has not been brought to the City Manager's attention.
It was our intention from the meeting to aSSUre as equitable a
treatment as could possibly be obtained. It was quite obvious
from that meeting and comments made to City Council, that total
agreement would probably never be reached, therefore, the exist-
ing program was continued as it seemed to meet the majorities'
desires.
30. Final Disoosition of Police Station. This is a policy
matter. My recommendations have been referenced in #4 above.
It is still my opinion that the amortization (five years) would
be insufficient time for our effective use of the building.
Again, this is a policy question and the City staff requests a
,
I
I
Memo to Honorable Mayor and City Council, Subject: Goals and
Objectives for City Government - Requested Response
October 24, 1986
Page Fifteen
olarification of your intentions as it relates to a new City
building.
31. 'Discussion of Wellfield and Land Acouisition. Currently,
the Publio Utili ties Direotor and City Attorney are working
toward the acquisition of certain tracts of land for the new
wellfields. Further information will be provided by the Public
Utilities Director, but due to the nature of the negotiations, I
would prefer that these matters be addressed directly to the
City Attorney and Public Utilities Director.
32. Process for Activatin.. Five Year Caoital Imnrovements Pro_
2ram Staffin... It is the City Manager's opinion that the
current staffing of the City of Delray Beach is adequate to
carry out a five year program, e.g. , our Department Heads have
reorganized their operations to more effectively deal with
capital improvement programs. This inoludes the addition of
project inspec,tors in the Utilities DeparJ;ment and Public Works
Department to monitor, on a daily basis, our various capital
improvement projects, both projects carried out 'by the City and
by the State and/or County. It may be necessary as we add new
facilities, such as City Hall and Fire Stations, to add an ad-
ditional contract inspector.
From a strictly administrative standpoint, our p'rojects will be
placed on appropriate scheduling procedures, e.g. , critical
path, milestones, etc.
33. Industrial Waste and Pretreatment Pro2ram. This matter is
currently being discussed with the staff of the South Central
Regional Wastewater and Disposal Board, Board Attorney, Public
Utilities Directors and Council Member Dougherty. Both the
Cities of Delray Beach and Boynton Beach have developed their
input into the plan and the Utilities Department has underway, a
complete survey of the City of Delray Beach. The ordinances are
being prepared by the City Attorneys in coordination with the
Board Attorney.
If Council desires a more detailed report, the Utilities Depart-
ment will be pleased to make said presentation.
JLP:nr
Encl
,
I
?~~~~,,~~~.~~~~~~:~,~e.p=:~:~~~ ~ i1
CHARLES KILGORE
Chief of Pol/Cft
'1Ei10RANDUI1
TO: James L. Pennington, City l1anager
FROM: Charles Kilgore, Chief of Police
DATE: October 14, 1936
SUBJECT: GOALS ANQ OBJECTIVES EQR ~ GOVERNMENT
POLICE DEPARTMENT ORGANIZATION
Ji1l:1n~ Qi JUa.Q.k fQ11.Q.~ .Qii1.Q.~l:~ The Del ray Be a c h Po 11 c e
Department has always made an attempt to hire qualified minorities
and women police officers to meet the needs of the community,
however, there was always a small number of blacks and women
taking the test to even be considered for the police officer
position.
In June of 1934, 79% of the applicants were white males and only
6.9% were black and 6.9% were women. In May of 1985, the same
situation occurred with 73% of the applicants being white males,
only 4% being black, and only 13% being female.
Assuming that you cannot hire qualified minorities if they do not
apply and take the test, the Delray Beach Police Department
recognized a greater need to recruit minorities and females.
In October of 1985, the Police Department instituted the first
phase of a recruitment program. A news conference was held to
announce the recruitment drive. Local minority leaders and
organizations were contacted and asked for help. In the October
1935 police test, the number of black applicants increased to 17%
and the white male percentage decreased to 59.5% of the total
applicants.
Realizing that the news media would not always give us the
exposure we received when the recruitment program started, the
Police Department developed a recruitment poster to aid in the
recruitment effort. The poster depicts a black police officer,
female police officer, and a white male pOlice officer. The
poster was distributed to minority areas within Palm Beach County
thrcugh the assistance of Alfred Straghn, South Palm Beach County
N.A.A.C.P. official. The poster was also sent to 43 colleges and
universities within the state of Florida. The colleges were
selected for either a large proportion of minority students or if
the college had some type of law enforcement program. Three (3)-1""'-/:0 (
posters were sent to each college -- one to the placement office, 1
,
I
SUBJECT: GOALS AUQ OBJ~CTIVES EQR ~ GOVERNMENT
POLICE DEPARTMENT ORGANIZATION
October 14, 1986
Page 2
one to the law enforcement department, and one to minority student
services. Mr. Percy Lee, Director of the Urban Leage of Palm
Beach County, was contacted and we obtained his assistance in
recruiting minorities. \'le also ad vertised on minority radio
stations in an attempt to increase minority participation.
A test was given in 11 a y of 1986 after these posters were
distributed and 16% of the applicants taking the test were black,
4% were Hispanic, 12% I,ere female, and only 68~ were white males.
As a result of the recruitment program, the percentage of
minorities and women hired has increased. In June of 1984, 100~
of the applicants hired were white males. In May of 1985, 71.4:1:
were white males and 28.6% were minorities or women. In October
of 1985, which is the start of our recruitment program, only 53.8~
of the applical1ts hired were white males a,nd 46.U were minority
or Homen, and in Nay of 1986 only 54~ hired were white males and
45% were minorities and women.
.
There are plans to continue and expand the recruitment program by
sending more posters out to other states, have recruiting teams go
to areas where recruitment will be profi tab 1 e and to set up pre-
test classes to assist applicants in understanding and passing
through the hiring process. Through these efforts we hope to
continue to get highly qualified minority applicants to hire as
police officers.
s.~n~i..t.i.!Li..t.!L Il:.a.i.ni.n&~ The Delray Beach Police Department
constantly is concerned and works toward better community
relations with various segments of the population of the City of
Delray Beach. The Police Department currently has a full time
community relations officer who attempts to deal positively with
the citizens of Delray Beach. The Police Department is a 1 so
currently the only department in the City of Delray Beach that
sends a representative to the montly Human Relations Committee
meetings and is constantly working with members of the Human
Relations Committee to ensure that the needs of the community are
met by the Police Department.
The Police Department is also concerned with the individual
officer's response to the community, the~efore, we have a
comprehensive program in dealing with individual of(icer/community
relations. The Police Department has designated Sergeant Matthew
11 itche 11 as the Department's Human Relations Officer.
,
, I
SUBJECT: GOALS ArID OBJECTIVES EQB. .un: GOVERN~1ENT
POLICE DEPARTMENT ORGANIZATION
October 14, 1986
Page 3
The Police Department also has on a consulting and evaluation
basis a psychologist, Dr. Rernston, who is available for any
particular problems that may require the assistance of a
psychologist. The Police Department has also been conducting
sensitivity, community or human relations type classes since May
of 1983. Attempts have been made to put on at least one (1)
training program in this area every year. In Nay of 1983, Dr.
Bernston was hired to conduct sensitivity tra in ing. In February
of 1984, then Sergeant Cole conducted a community relations
program. In October of 1985, Officer Timothy Vogel of the Miramar
Police Department, a noted college instructor in the area of
communitY/human relations, conducted tra in ing. In October of
1986, Psychologist Dr. Larry Billion will conduct stress
management classes for all officers.
Future plans for sensitivitY/human awarenes~ continue with the
attendance of three (3) Delray Beach police officers at a forty
(40) hcur human,relations class put on in conjunction with Florida
Atlantic University and the Criminal Justice Department of Palm
Beach Junior College. This 40 hour course will enable these three
. (3) officers to return to the Police Department and conduct future
human/community relations courses at the Police Department.
Respectfully submitted,
,
CHARLES KILGORE
Chief of Police
ppt
PROD
PROGRESSIVE RESIDENTS OF DELRAY
P.O, Box 1301
Delray Beach, Florida 33444
April 11, 1989
To: Mayor Campbell and City Commissioners
Re: More Explicit Agendas
At a recent meeting of PROD (progresive Residents of Delray) Agendas of
both workshops and regular commission meetings was discussed at length.
I am referring to the Agendas that the Public receives either by mail
or they pick up when cometo City Hall. We came to the conclusion that
the Agendas are not explicit.
Those of you who sat on the commission in the past will recall that if
a Planning and Zoning Board metter came before the Commission the public
was aware of two very important factors that were included on the Agenda.
One being the vote of the Planning and Zoning Board on the matter at hand
plus the recommendation of the Planning Director. As an example; if an
applicant wanted a land use change the Agenda would read; "The Board
voted 3-2 in favor or 3-2 against and then the recommendation of the Plan-
ning Director would follow."
We feel that this procedure should once again be instituted so that the
public is aware of the feeling of the P&Z Board members and the staff
recommendation. In this way the public - and I might add there are many
more attending meetings of the commission than in the past - is more in-
formed of the issue at hand.
We would appreciate if the City Manager would institute this procedure
again. Many of us are aware that the Commissioners receive a detailed
back-up of the Agenda but it is not attached to the Agenda that the public
receives when they come to a meeting.
Another procedure that is no longer followed is usually on that part of the
Agenda that reads "Awards of Bids and Contracts". In the past when an
award was made it would read "From Year (FlY) 86/87" or whatever the year
and the source of funding. Now we see funding sources via account numbers,
which means absolutely nothing to the public. And even then it is erratic
om tjat om sp,e cases ot states the soarce and in some cases it does not.
But one thing we are sure of - it rarely states what item it is on the
budget.
We are cognizant of the logistics involved -one being that the Commissioners
do receive the background material and the public does not therefore more
paper work is required on the part of the staff. But it is our feeling that
the PUBLIC HAS THE RIGHT TO KNOW the essence of the background of an item
that app~ars on the Agenda.
There are members of PROD who served on the Internal Audit eommittee and it
there feeling and the feeling of rROD that the~m~the past
be reinstated. ~~
len Coop . ,
ERecutive Director
M E MaR AND U M
TO: Walter O. Barry
City Manager
FROM: 0J David M. Huddleston
Director of Finance
SUBJECT: Capital Improvement Program Financing
DATE: April 7, 1989
It is my understanding that the City Commission has rejected or anticipates
rejecting the previous Request for Proposal that was approved on March 3,
1989. In order to proceed with the financing, the following direction
should be provided by the City Commission:
1. METHOD OF SECURING A LENDER - OPTIONS
A. Competitive Sale
. . This would involve having the City, with the assistance of our
financial advisor, prepare an Official Statement. This Official
Statement would be provided to the rating agencies. The City
would then advertise the potential sale in the Bond Buyer;
however, for an issue of this size, this would not be cost
effective. This competitive sale process would take
approximately 60 to 90 days.
B. Seek Bids From Banks, and Banks Only
This process should take approximately 20 days. Banks would be
able to provide a firm commitment which the City could accept in
a reasonable time. By extending this to other lending
institutions (non-banks), the process then becomes more complex
because the financial institutions could not prov,ide a firm
commitment, but an estimate of the market rate at the time of the
proposal which would be subject to change as to the prevailing
market at the time of sale. This process would be similar to
seeking an underwriter to negotiate a sale.
The City Commission should also establish the extent to which
they would like to have bids solicited. It would seem
appropriate that they could limit the bids to those conducting
business in Palm Beach County.
C. Request for Proposal
This process takes approximately 30 to 45 days to complete the
sale. The Request for Proposal format provides a mixed bidding
~A
,
Walter O. Barry, City Manager
Page Two
April 7, 1989
and proposal format. The banks that submit offers would be a
firm commitment and financial institutions would be based upon
estimates that would be subject to change.
D. Accept Sun Bank's Proposal
The City could accept Sun Bank's offer and close by the end of
the month. It should be noted that under' the first three
options, there is no guarantee of the interest rate based upon
the market rate at the time of submission of the proposals. The
City has currently accepted a loan up to $5 million from Sun Bank
at a fixed rate of 7.48%. The City could accept this loan and
finalize the agreement. Based upon recent information provided
by our financial advisor, interest rates are moving upward and
the City, by re-bidding, could experience a higher interest rate.
It is also possible that it could be favorable. but it is
unlikely at this time.
II. FINANCING COSTS
.
. . It is my understanding that the City is considering extending the
terms of the loan agreement up to five years and possibly seven years
without providing a Revenue Bond to take-out the Note. Under this
format, if Recreation Impact Fees and land sales are not sufficient to
payback the entire amount of the outstanding principal, the City might
have to pay up to $3 million either in a balloon payment or an
amortization of the principal over the five-year period.
It is anticipated that the annual debt service cost for a five-year
non-bank supported borrowing would be approximately $750.000 per year.
as compared to approximately $330,000 for a 20-year bond. Although
the five-year borrowing would decrease the total amount of interest
payments as compared to a 20-year bond. the five-year payment would
greatly accelerate the payback of the principal and would more than
double the annual debt service cost for the five-year period. The
City currently has projected $140,000 in the budget for debt service
on this financing and, therefore, with the five-year borrowing, the
City would have to provide for an additional $610.000 per year for the
next five years. This assumes that there would be no paybacks from
Recreation Impact Fee collections and sale of land.
If the City uses Recreation Impact Fees at $200,000 per year for three
years and $900,000 from the proceeds from the sale of the tennis
center land to payback the draw on the principal~ then the annual debt
service could be reduced to approximately $325.000 per year or a net
additional impact of $185,000 per year.
The existing Sun Bank proposal provides for prepayments without
penalties. This provision allows the City to pay back principal draws
;
Walter O. Barry, City Manager
Page Three
April 7, 1989
from the various potential sources. This provision is typical of bank
Line of Credit loans. This payback provision is not so typical with
Notes issued by a financial underwriter. Although there may be call
provisions, they may include prepayment penalties. If the City opts
to seek proposals from underwriters, then the City should request call
provisions without financial penalties.
III. AMOUNT OF BORROWING
In my discussion with Mr. Barcinski, he indicated that the following
projects are to be included:
A. Old School Square
B. Tennis Center
C. East Atlantic Avenue Beautification
D. Fire Station Number Two
I am in agreement with the recommendation to.include an additional 5%
for contingency and 3% for legal and ' administrative expenses.
Although I agree with these recommendations. it might be more
. . appropriate to authorize the Line of Credit up to $3 million since the
costs are based on estimates and not actual bids.
It is my understanding that this list of projects does not provide for
any additional funding for the expansion of City Hall and Mr.
Barcinski advised that this would be addressed at a later date. The
most recent bids for City Hall were approximately $2.7 million.
Assuming that the reduction of the City Commission Chambers would be
$700,000, this would leave an estimated construction cost of $2
million of which the City currently has $1.5 million available in the
Utility Tax Construction Fund. Assuming these modifications. the City
would still need to fund the additional $500.000 to complete this
phase of City Hall construction and I would recommend that the City
Commission authorize up to $3.5 million and only authorize draws to be
based upon the City Commission approval of the projects. This
methodology would preclude the City from any additional administrative
costs incurred in re-writing or re-negotiating the loan agreement or
finding a revenue pledge.
The City Commission will also be considering in the near future the
potential acquisition of land for the construction of a downtown
parking garage at a cost of $5 million. If the City establishes a
formal Line of Credit with a bank. it would be easy to renegotiate the
terms and conditions with the intended lender. However. if the City
goes with a Bond Anticipation Note with a financial institution. the
City would have to go out and issue additional bonds and incur the
costs allover again.
Walter O. Barry, City Manager
Page Four
April 7, 1989
IV. REVENUE SOURCES TO BE PLEDGED
In my discussion with Steve Sanford, he has indicated that it would be
his preference to adopt a Resolution which would provide for a Revenue
Bond to take-out the Note. It would seem that this methodology would
be more favorably received in the financial community which could
result in a more favorable interest rate. It was the City's intent,
with the currently approved Letter' of Credit with Sun Bank, to do the
Note and Bond Resolution. Mr. Sanford indicated that in his
discussions with the City Attorney, that the City make a subordinate
pledge of the Utility Tax revenues and make a covenant to budget and
appropriate sufficient funds to meet the annual debt service payments.
This also would be more favorably received by the banks.
V. RECOMMENDATION
I recommend that we proceed with ,Mr. Sanford's suggestion to adopt a
Resolution ,to provide for a Revenue Bond to.take-out the Note and to
make a subordinate pledge of the Utility Tax revenues and make a
covenant to budget and appropriate sufficient funds to meet the annual
. . debt service payments.
The City Commission should consider the above items and direct staff
as to how to proceed. Again, it should be noted that the City
currently does have the ability to borrow up to $5 million at a fixed
rate of 7.48% and any future course of action will not guarantee that
interest rate or a lower interest rate.
DMH/sam
cc: Herb Thiele, City Attorney
Becky O'Connor, Treasurer
Stan Ross, Dean Witter Reynolds
Steve Sanford, Mudge Rose
,
PROGRESSIVE RESIDENTS OF DEL RAY
Apri 1 11, 1989
MernoraYfd ltrn TCer:
City CC1rnrn i 55 i Cl)'",
City e.f Delray Beach
Delray Beach. FL 33444
Subject, Fl.....ds for BeautiFication.
PROD requests a fiscal accc1u)'",t i Y'fg of the bea.ut i i fic-at iCe)"1
TLIY'.ds ce.llected by the city siy,ce July 1, 1986. We WCILII d like
this tel i l",cIl.lde the fc'llc~wil"lg;
1. T e.t a 1 arncfUYlt collected
<> Total arnclt,ty,t spe...,t te. date
~.
3. rterni ze i....detail what the fUY'fds were spe...,t fefr
4. Ba 1 cU"',ce rernai Y'd Y"g i l", fUY,d which is Y'fClt yet cC1rnrn i t t ed
5. Pla........ed Use elf' Y"C1l",-cornrn i t t ed fUY'.ds.
6. De sct"" i pt i CtY, CI f pI a,Y"''',y,ed pre'jects ay,d date e.f
expected camp 1 et i Cfl", of each.
May We have this i nTCfrrnat i CtY, withiY" thirty days.
Respectfully sub,.i tted
Jay Slaviy,
fefr PROD
cC'; Each CCfrnrn i ss i OY,er
City MaY'.ager
..._- - --., --.-
"
LAW OFFICES
GUSTAFSON, STEPHENS, FERRIS, FORMAN & HALL, P. A.
...JOSEPH S. BECKMAN ...JEFFREY B. SMITH WILLIAM W. CAL.OWELL
ROBERT E. FERRIS, ...JR. ...JOHN E. STEPHENS,...JR ROBERT E. FERRIS, SR.
PETER...J. FORMAN ALEIDA ORS WALDMAN OF COUNSEL
JOEL K. GUSTAFSON -
CONSULTING PLANNER 540 NORTHEAST FOURTH STREET
DONALD R. HALL FORT LAUDERDALE, FLORIDA 3.3.301-1192
GERALD L. KNIGHT CYNTHIA A. PASCH. A.I.C,P. -
CASEY W. MILLS TELEPHONE (305) 76.3- 9330
MIAMI 945-9685
DEL RAY 278 -1055
TELECOPIER (305) 463- 8096
Apr il 10, 1989 _~,r~:'-'~rb~Sr:, '-~~
C..j .t. "';'; .'; I..}~~'H>')
Cil;' (A!1 .8each
Ms. Susan A. Ruby
Assistant City Attorney
City of Delray Beach
310 Southeast First Street
Suite 4
Delray Beach, FL 33483
Re: Delray Beach City Hall
Bid No. 89-37
Dear Ms. Ruby:
We have been retained to represent Sessoms-Grice
Construction Company, Inc. in the above-referenced matter.
In February, 1989, the City of Delray Beach requested sealed
bids for alterations and addi tions to the Delray Beach City Hall.
Our client properly and timely submitted a bid, including a bid
bond, on February 21, 1989.
The contract was awarded to our client by the City
Commission on February 28, 1989, as evidenced by the minutes of
that meeting. On March 6, 1989, a meeting was held with you to
finalize the language of the contract. At the conclusion of
that meeting, you advised our clients that the contract would be
executed shortly. Our client was requested to obtain the bond
immediately, forward a copy of the AlA Contractors' Qualification
Statement, Financial Statement and Certificates of Insurance. On
March 8, 1989, our client submi tted to the architect everything
requested with exception of the bond, which bond was executed by
the Hartford Fire Insurance Company on March 7, 1989 and was in
our client's possession to be delivered and dated upon execution
of the contract.
Our client then proceeded to award subcontracts, purchase
materials, write letters of intent for construction, and begin
manpower and mobil iza tion planning. Further, Sessoms-Grice
declined to bid further work until this project was well under
way.
April 10, 1989
Ms. Susan A. Ruby
Page 2
After a period of approximately two weeks elapsed and the
contract was not executed, Mr. Digby Bridges, the architect,
informed our client on March 24, 1989 that there was a problem
with the contract award of February 28, 1989 and it would be
reaffirmed at the commission meeting held March 25, 1989. On
AprilS, 1989, you cancelled the contract on behalf of the City
of Delray Beach and informed our client that the project would be
re-bid.
When a public entity votes to accept a bid, or at the latest
upon the bidder's notification of the acceptance vote, a
contractual relationship arises between the entity and the
accepted bidder, even though a formal contract has not been
executed. Wood-Hopkins Contracting Company v. Roger J. Au & Son,
Inc., 354 So.2d 446 (Fla. 1st DCA 1978). When a Board of County
Commissioners accepted a bid proposal incorporating detailed
plans and specifications, and the bidder was notified of the
acceptance by authorized agents of the county, a contract
resulted without a written agreement, and the attempted
rescission by the Board was held unlawful. Schloesser v. Dill,
383 So.2d 1129 (Fla. 3d DCA 1980).
In City of Homestead v. Raney Construction, Inc., 357 So.2d
749 (Fla. 3d DCA 1978), the court cited Dedmond v.Escambia
County, 244 So.2d 758 (Fla. 1st DCA 1971) and Berry v. Okaloosa
County, 334 So.2d 349 (Fla. 1st DCA 1976) and stated that the
clear import of these decisions was that a binding contract came
into being with the acceptance of a bid unless the action was
rescinded at the same continuous meeting (emphasis added). The
city was not allowed to defeat the contract that came into being
with the acceptance of the Plaintiff's bid since a valid and
enforceable contract arose between the parties at the point of
the board's notice to the bidder of its favorable decision.
Your letter to our client dated AprilS, 1989 also states
that the contract was never executed due to funding problems. In
City of Homestead, supra, the court stated that a contract made
by the city for construction need not have been approved with the
formality required for the appropriation of money, such an
appropriation is not considered a condition precedent to the
validity of the contract.
April 10, 1989
Ms. Susan A. Ruby
Page 3
If this project is indeed re-bid, our client will be damaged
and will be entitled to seek legal action. We request that you
reconsider the City Commission's decision to re-bid the project
in light of these cases and our client's position.
Very truly yours,
~
,
REF/rec
cc: Fletcher Sessoms
lGI
cf7~Y;!~
Thlephone: (4Ui) 5X6-71:-U;
lelex: (407)671-1421 FNBC
March 31, 1989 Htx: (407) ;j8{-j-Z5m:i
Mr. Jeffrey S. Kurtz, Esq.
Assistant City Attorney
City of Delray Beach
310 SE 1st Street
Suit.e 4
Delray Beach, Florida, 33483
Re: City of Delray Beach, et al v. Booi Services, Inc, et. al
Proposed Settlement
Dear Mr. Kurtz:
Sentinel Corporation, on behalf of itself and its joint vent.ure
partners, has entered into a contract to purchase the property
known as the Bayside Club at 244 Ventian Drive, Delray Beach.
This property is the subject of t.he above referenced proposed set-
t.lement.
At this juncture, Sentinel Corporation requests that the settlement
as proposed be changed to more strongly assure the viabilit.y of the
property as an Adult Congregate Living Facility, Sentinel's planned
use. It is felt that the changes as submitted here and incorporated
in the entire stipulation satisfy the original intent of the City
of Delray Beach.
Paragraph 2.a. requires a two person accommodation to have a minimum
area of 400 square feet. It is proposed that this be changed to 300
square feet, a number which is 2.5 times greater than the requirements
of the Florida Department of Health and Rehabilitative Services
(Section 10A-5.023 paragraph 6, a copy of which is attached) and allows
more than suffient area for the intended "assisted living" class of
residents. It should noted that this size is comparable to that of the
newer facilities being operated in Palm Beach County, including west
Delray.
Paragraph 2.b. allows a kitchen area in each unit. It is proposed that,
again due to the assisted living nature of the residents, electric
ranges may be eliminated. This is requested in light of both fire safety
and space considerations.
Paragraph 3 allows interim use of the complex as a hotel. It is pro-
posed that this be eliminated because of the need to completely
Columbus, Ohio 2875 South Ocean Boulevard, Suite 200. Palm Beach, Florida 33480 Dallas, Thxas
...W ._.__ ....
Mr. Jeffrey S. Kurtz, Esq
Page Two
renovate the facility and to do so on a timely basis consistent
with the desires of the community.
Mr. Kurtz, we at Sentinel look forward to meeting and working with
you and the City in this matter. Please feel free to contact either
myself or Andrew "Skip" Barth, Vice President of Operations, if we may
be of assistance.
Sincerely yours,
~~
Theodore Hunt
Financial Advisor
Ene.
CD Community
,'.., .,:' Redevelopment
.:t
l\\ll'al Agency
~
"," Delroy Beach AprilS, 1989
To: The Mayor and City Commission
From: Thomas E. Lynch, Chairman
Re: Management of the Development Process
for the Tennis Court Block, West Atlantic,
First to Third Avenues.
This proposal is generated by earlier discussions and the
CRA's commitment to intermediate improvements to West
Atlantic. It suggests that the City contract with the CRA
to manage the entire process, from acquisition of limited
private property, through the RFP and the negotiating of
a contract with a chosen developer, with the major
decisions along the way resting with the City
Commisssion.
It is assumed that the tennis courts, the firehouse site
, and various other properties could be included in the
package. Alternate site configurations are offered for
consideration. The basic goal would be to sell the
eventual site to a private developer with a strong
financial statement, a good track record in office
buildings, staying power and with important attention
being given to the design aspects of the proposed
structures.
It is also assumed that the City wants to receive an
optimum amount for the assembled site consistent with
other goals, not necessarily the absolute highest price.
This would assure a balance between the cost of land and
the quality of the building, landscaping and other
amenities.
The space tentatively allocated to various sized
buildings is approximately 90% to offices with the
balance to convenience retail and food service outlets to
serve the immediate area. This office building will not
likely generate enough business to support the ancillary
facili ties so that other patrons will have to be
attracted from nearby locations such as the Courthouse
and Old School Square. It is not intended that these
limited commercial activities compete with East Atlantic
Avenue.
During the developers' competition, each final
participant will have the opportunity to offer his own
formula for floor space mix. This will give the City a
64 S.E. 5th Avenue, Delroy Beoch, Florido 33483 (407) 276-8640
-
more definitive guideline.
If the CRA is requested to undertake this process, it
will propose the rules and terms of the competition, the
business terms, the bidding and development schedule and
attempt to get a number of competitors, even in the face
of a glut in office space. The City Commission will be
asked to approve all the terms of the competition prior
to it being released in the market.
It could well be in the City's interest to suggest a
staged development to avoid excessive office space being
on the market. A method would also be devised to give the
City some idea of the developer's architectural concept
without burdening all competitors with the cost of
architectural plans and renderings.
Under this arrangement, The City would be responsible for
all expenses including additional land acquisition,
advertising, printing and would provide legal services.
. If this arrangement is approved, a more detailed
agreement will be provided. The attached sheet is
illustrative of the site configuration issues and the
costs and benefits inherent in each.
Attachments: Financial Projections
Lo tion and property map
C'C: /Jcdt:. t;:;
~~
~~
/)~~
j)e--.:..e I~
,----.- ._-. - ---
..
TENNIS COURTS - OFFICE COMPLEX'
.
Alternate Plans
Site Identification A B C
~f.res
Tennis courts 3.22 3.22 3.22
Fire house .516 .516 .516
House IX lot on NW 3rd .544 .544 .544
4 houses IX lot on NW 3rd - .825 -
Comm. Center vacant la!1d 1.134 1.134
Total Acres 4.28 6.24 5.41
I
Land area - sq. ft. 186,437 271.814 223.900
Est. cost of acq. (120%A.V.) 40,800 $163,500 40,800
Floor space based on .4 FAR 74,578 sf 108,726 sf 89,560 sf
Assumed building (sq. ft. ) 72,000 100,00 84,000
office space 65,000 90,000 76,000
retail 4,000 5,000 4,000
restaurant 3,000 5,000 4,000
Parking Requirements (spaces)
office space 3.5:1 228 315 266
retail 4.5:1 18 23 18
. Rest (12/1,000 sf) 36 60 48
Total parking 282 398 332
Land req. for parking (Acres) 2.17 3.06 2.55
130 sp/acre
Net acres for dev. 2.11 3.18 2.86
sq.ft avail/dev. 91.912 138.521 124.582
Assumption:
City land value set at
$10/sq/of bldg. area $ 720,000 1,000,000 840,000
Net cost of land to City $ 679,200 836,500 799,200
Land Sale value to City $ 3.86/sf 3.86/sf 3.75/sf
'Note: The reason for the low square foot land value is due to
the assjJmption, of all surface parking and the $10/sf of bldg.
area figure. It would be possible to set that figure hipher but
it is a function of office rent expected especially du,ing the
early years. .
It
The City could share in future increases in office and
retail rents through a participation formula. That would be a
wiser course than establishing a land price too high for the cur-
rent market.
. ________ ..- ______u_ .
LOCATION MAP ~
-
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I:ITY OF DELRAY BEAi~~1t~I~~(
l$&.~:i~~.?;,-. ,-
CITY ATTORNEY'S OFFICE ~;'~ SE. 1st STREET, SUITE 4 DELRAY BEACH, FLORIDA 33483 305/243,7090
.1 )N hd ctl,..L
"-t.:J
MEMORANDUM ]~ 51'- l~ I
Dates: April 3, 1989 iLftC ,,(( ,-
Tc: Ci ty Cornmission
Walt"r O. Barry, City Manager
From: Susan A.. Ruby, Assistant City Attorney
SubjecL ORDINANCE CONCERNING PARKING
SURFACES IN HISTORIC DISTRICTS
c +-' 173.772, "Design and Landscaping", Subsection
.:.ec.....lon 173.772(B), "Parking services and Drainage", of the City's Code
of Ordinances requires the paving of all parking lots and
parking surfaces with hard surface material or other surface
material acceptable to the City Engineer. This requirement
has, in the past, caused consternation in the development of
properties within historic district,s where gravel paving
surfaces, rather than hard surface materials, have been
reguest,ed.
In order t,o provide for parking surfaces other than pave.ment in
historic districts, it is necessary to amend the Code.
Attached hereto is Ordinance No. 24-89 which amends our current
ordinance to provide that parking lots and parking spaces on
his.toric sites or within historic districts may be improved
with a surface mat,erial other than pavement, subject to
approval by the Historic Preservation Board. This amendment
permits the Historic Preservation Board to approve surfaces
without obtaining the approval of the City Engineer.
Please place this ordinance on an upcoming City commission
~for the Commission's consideration.
:rg
At,t:achment
cc: Gates Castle, Assistant City Engineer
David Kovacs, Director, Planning and Zoning
Frank Spence, Director of Development Services
Pat Healy, Historic Preservation Board
Elizabeth Arnau, City Clerk
11
.~
---~~_.__.-
0P.DTNANCE NO. 24..89
AN ORDIN.P.NCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, , "LAND
USAGE", CHAPTER 171, "ZONING CODE", !'OFF-STREET
PARKING", SECTION 173.772, "DESIGN AND LANDSCAPING",
SUBSECTION 173,772(B), "P).RKING SURFACES AND
DRAINAGE" , BY AMENDING PARAGRAPH 173.772{B)(1), TO
PROVIDE THAT PARKING LOTS AND PARKING SPACES FOR
HISTORIC SITES OR WITHIN HISTORIC DISTRICTS MAY BE
IMPROVED WITH SURFACE MATERIAL OTHER THAN PAVEMENT,
WHERE THERE ARE TWELVE OR LESS PARKING SPACES,
SUBJECT TO APPROVJI,L BY THE HISTORIC PRESERVATION
BOARD; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING ,'1\ SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "Off-Street Parking", Section 173.772, "Design and
Landscaping", Subsection l73.772(B), "Parking Surfaces and Drainage", of
t:he Code of Ordinances of the City of Delray Beach, Florida, be and the
same is hereby amended, by amending Paragraph 173.772(B)(1), as follows:
(B) Parking Surfaces and Drainage.
(1) All parki ng lots and parking spaces, inClUding car
storage and display areas shall be improved either with a
pcwed surface meeting Engineering Department st,andards or
with a hard surface material (such as brick or turf block
on a base course laid in accordance with approved manu-
facturer's recommendations), or with some other type of
surface material acceptable to the City Engineer.
Parkin lots and arkin s'aces on Historic Sites or
wit.hin Historic Districts may be improved with a surface
material other than pavement, where there are twelve or
less parking spaces, sub'ject to approval by the Historic
Preservation Board.
Section ~ That should any section or provision of this !
<.,
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of ccmpetent juriSdiction to be invalid, such
decision shall not effect the validity of the remainder hereof as whole
or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. ~'hat t,his ordinance shall become effective ten
(10 ) days upon its passage on second and final reading.
PASSED AND AOOPTED j,n regula.r session on second and final
reading on this the _ day of , 1989.
~'lAYOR
;\TTEST:
Ci, ty Clerk
First Peading
Sr.~cond Reading
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE 310 S.I~:. 1st STREl.T, SlilTF 4 I)FLRAY ULACI\. J:LORID^ 33483 :W5/::!43,709D
April -;, 1989
David W.Schmidt, Esq.
Simon and Schmidt
P.O. Box 2020
100 Northeast Fifth Avenue
Dclray Bea,ch, Florida 33483
Subject: Your Correspondence Concerning "Addition of
Chiropractor(s) to City Physician List";
Your File No. 3721
Dear Dave:
This ",'ill acknowledge ,receipt of your letter to me of April 3,
J.989, 2,lon9 with a letter of same date t,o City Manager Walter
Barry, concerning your discussions on behalf of YO\1r client.: ,
Dr. Michael Ehrmann and your proposal that the City's physician
li.st must include chiropractors for workers' compensation
clc1.ims.
After baving reviewed your letter and similarly done research
concerning the applicabilit,y of Florida Statutes Chapter 440,
it is my initial opinion that a factual situation involving the
City of Delray Beach and its use of a designated city physician
(loes not fall under the provisions of Chapter 440.
Although it is a policy issue for the City Administration and
the City Commission to decide whether or not affirmative
language should be added to City documents with regard to the
option of seeking treatment by a physician or a chiropractor
for certain injuries, the question before us is whether or not
'He are legally required to formulate a "referral list" which
includes chiropractors or to add them to the City physician
designations.
The City of Delray Beach's past practice has been to designate
two specific city physicians for purposes of doing pre-
employment physicals, as well as for the initial contact
regarding workers' compensation related injuries.
It is my position that the designation of these two physicians
does not constitute the fomation of a list of healt,h care
providers under Chapter 440. On the contrary, these two
David W. Schmidt, Esq.
April 7, 1989
Page 2
persons are merely being designated as the initial source of
information to be provided to the City as the authorized City
physician for purposes of dOing those pre-employment physicals,
including drug testing, as well as for workers' compensation
claims.
Although nothing in this opinion would preclude the City
Commission from, as a matter of policy, designating other
physicians, including chiropractors licensed under Florida
Statutes Chapter 460, it is my opinion that the City Commission
is not required to do so.
Furthermore, although I recognize that there are other issues
involved in this matter, your letter to me only requested that
I address the issue of whether or not the provisions of Florida
Statutes Chapter 440 require the City Commission to designate
other physicians under the circumstances as described above.
If you have any further questions, please contact the City
Attorney's Office.
Sincerely,
OFFICE OF THE CITY ATTORNEY
CITY OFDELRAY BEACH, FLORIDA
By: ,~&~~t?O~$
Her ert W. A. Thiele, Esq.
City Attorney
HT:sh
cc: City Commission
Walter O. Barry, City Manager
John Elliott, Assistant City Manager
Lee R. Graham, Risk Management Director
Marty BUben, Personnel/Labor Relations Director
CITY DF DELRAY BEACH
':::'G :"'J.;'J ':";::'"uc D;:L,~":"'~. u '~>. 3J444 j-- -,''';
PROCL4.'lJA Tlo.'-
\'!HEREAS, the Greater Delray Beach Chamber of Commerce is
an independent, non-profit, volunteer organization dedicated to
improving our area; and,
WHEREAS, the Greater Delray Beach Chamber of Commerce
through the many individuals who give of their time and talent,
works to improve our economic climate and create an atmosphere of
community pride and awareness; and,
WHEREAS, the Greater Delray Beach Chamber of Commerce is
dedicated to making Delray Beach a better place in which to live,
work and play,
NOW, THEREFORE, I, DOAK S. CAMPBEI.L, Mayor of the Citv
of Delray Beach, Florida, do hereby proclaim April 9-15, 1989, as
"CHAMBER OF COMMERCE WEEK"
in Delray Beach.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the official Seal of the City of Delray Beach, Florida, to
be affixed this 11th day of April, 1989.
MAY 0 R
DOAK S. CAMPBELL
SEAL
If A
[ITY OF DELRAY BEA[H
--:L' .. ":"','l'JUE C .: ..~ ,.... ~,..":r<!:J':' 33~44
PROCL-U1A TIO'
WHEREAS, almost thirty-five million Americans become
victims of crime each year, with 5.7 million citizens falling prey
to violence; and,
WHEREAS, the U.s. Department of Justice estimates that
five out of six of today's twelve-year olds -- 83 percent of
Americans that age -- will be the victims or intended victims of
violent crime in their lifetime; and,
WHEREAS, only 37 percent of crimes are reported to law
enforcement officials; and,
WHEREAS, to fight the continuing threat of crime and
victimization, all Americans must join together, committing their
individual and collective resources to crime prevention and victim
services; and,
WHEREAS, over 6,000 victim service, criminal justice and
law enforcement organizations will work together to observe the
fifteenth annual commemoration of national Victims' Rights l~eek;
and,
WHEREAS, the City of Delray Beach requires the commit-
ment of concerned citizens and leaders in both the public and
private sectors to continue providing quality services which aid
the innocent victims of crime,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim April 9 to 15, 1989,
as
"VICTIMS' RIGHTS WEEK"
in the City of Delray Beach.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 11th day of April, 1989.
MAY 0 R
DOAK S. CAMPBELL
SEAL
'fB
CITY DF DELRAY BEA[H
..::{) NV'J 1s, A\lE'~UE OE~R;.l,', B~~'.H -~'-=..:::; 0~ :_,:.....1-
PROCLAJ1.4 TIOY
WHEREAS, recognition should be given to the value of trees in
our community and the need for a continual citywide forestry program
for the henefit of all persons; and,
WHEREAS, the holiday to recognize the importance of trees in
our lives has been celebrated in the United States since April 22,
1872 and is now celebrated in all fifty states and several countries
throughout the world; and,
WHEREAS, the National Arbor Day Foundation in cooperation with
the U.S. Forest Service and the National Association of State Forest-
ers is sponsoring a community improvement project known as "Tree City
USA" in an effort to make every community in America a better place in
which to live; and,
WHEREAS, Delray beach has been recognized as a Tree City USA by
the National Arbor Day Foundation and desires to continue its tree-
planting ways; and,
WHEREAS, the protection and proliferation of trees within the
Ci ty of Delray Beach is governed hy regulations for the purpnse of
promoting the health, safety, welfare, and aesthetic quality of the
community by realizing the importance of trees for oxygen production,
carbon dioxide absorption, dust and air pollution filtration, wind and
noise reduction, soil erosion prevention, surface drainage improve-
ment, energy conservation, beautification and aesthetic enhancement of
all lands in the City; and,
WHEREAS, the optimum time of year for planting most species of
trees in Southeastern Florida is during the month of April due to mild
temperatures and the beginning of the wet season,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the Citv of
Delray Beach, Florida, do hereby proclaim the last Saturday in April
as
"ARBOR DAY"
in Delray Beach, to be celebrated this year on Saturday, April 29,
1989, and urge all citizens, schools, and organizations in the com-
munity to join with me in realizing the value and need for trees and
to plant a ceremonial tree on this date.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
seal of the City of Delray Beach, Florida, to be affixed this 11th day
of April, 1989.
MAY 0 R
DOAK S. CAMPBELL
SUL 1C
I, I
'-'
',- "
,
O,RDINANCE NO. 16-89
.
d AN ORDINANCE OF THE CITY COMMISSION OF THE,
CITY OF DELRAY BEACH. FLOR IDA, DESIGNATING
THE PROPERTY UPON WHICH THE FIRST SCHOOL FOR
BLACKS WAS OPENED IN 1895. MORE PARTICULARLY
DESCRIBED AS LOT 2, BLOCK 28. TOWN OF DEL RAY ,
I ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM
BEACH COUNTY. FLOR IDA. AS A LOCAL HISTORIC
SITE; AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLOR IDA, 1983" TO SHOW, IN AN OVERLAY 4
MANNER. SAID DESIGNATION; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS. the Historic Preservation Board'. at a meeting
~ held on February 17, 1989, unanimously recommended the designa-
II tion of the property upon which the First School For Blacks was
I opened in 1895 as a Local Historic Site; and.
WHEREAS, the Historic Preservation Board~ ,at a meeting
held on March 16, 1989, ratified the aforesaid action taken on
February 17. 1989,
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMM ISS ION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I
Section 1. That the following described property in
the City of Delray Beach, Florida, is hereby designatetl. as a
Local Historic Site. to-wit:
First School for Blacks Opened 1895; Lot 2,
Block 28, TOWN OF DELRAY. according to the
Pl~t thereof recorded in Plat Book 1, Page 3,
Public Records of Palm Beach County, Florida.
The subject property is located on the east
side of N. W. 5th Avenue. between Atlantic
Avenue and N.W. 1st Street.
Sect.ion 2. That the Planning Director of the City of
Delray Beach, Florida. shall, upon the effeotive date of this
ordinance, amend the Zoning Map of Delray Beaoh, Florida. to
show, in an overlay manner, the above designation.
Sect.ion 3. That all ordinances or parts of ordinanoes
in conflict herewith be. and the same are hereby repealed.
Sect.ion 4, That should any seotion or provision of
this ordinance or any portion thereof, any paraaraph, sentence,
or word be deolared by a Court of competent jurisdiotion to be
invalid, such ,decision shall not affeot the validity of the
remainder hereof as a whole or part thereof other than the part
declared, to be invalid.
'.
Sect.ion 5. That this ordinance shall become effeotive
immediately upon passage on second and final reading.
g
,
-, I
~. -....-.
,
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1989.
,
;1
,I
!I -
'I MAypR
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" ATTEST:
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City Clerk
Fir3t Reading -------------.
Second Reading
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- 2 - Ord. No. 16-89
ll~'[>."E~ABJ~'~NT AL ' [ITY DF I
>o~+~qORRE;~P9,~DENCE DELRAY BEA[H
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,L~:_',B",,1", ":"'",;;C"""" '"pm....' ~
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~OM ;~~_CrC~Jf.~(u:~~uenat1an Planner
,_THRJ1.:, J)_o.rJ~~",,_El , ,an, CD .Caardinatar
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JBJECT_,MEND~_REQ..U~S1'_F.OltL c. Spencer Pampey Designations OATE 2/22/89
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ACTION REQUESTED OF THE CITY COMMISSION
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To. accept the Baard's recommendatian, direct the City Clerk to.
.. prepare an enacting ardinance. and to. set a public hearing
date, March l4,x1989. City Cade Ordinance * 174.22(C) requires
a public hearing within 30 days af the Preservatian Baard's
recammendatian which was February 17, 1989.
BACKGROUND
Pursuant to. pravisians af Sectian 174.02 af the City Cade af
Ordinance, LacalRegister af Histaric Sites, steps have been
taken to. design~te the falloWing as historic sites:
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Ofl".I(,-~ First School for Blacks apened 1895, Black 28. Lat 2
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~Kd. 1 ~ Greater Mt; Olive Missionary Baptist Church faqnded-.
I - 1896. 40 N.W. 4th Ave. Black 27, Lot 5
Oek, ,g-~ St. Paul African Methodist Episcopal Church founded 1897,
119 N.W. 5th Avenue, Black 27, Lat7
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d'~' Iq-~ The Free&iAccepted Masons Delray Beach Ladge 275 organized
1899, 85 N.W. 5th Avenue, Black 28. Lat 1
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O~. ,..,-sq St,. Matthey Episcapal Church founded 1911,404 S.W. 3rd
Street, Black 32, Lat 1.
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As required a designation report was prepared by the Board
(capy attached);and it states that St. Matthew Episcopal Church
be designated aft'histaric bUilding. Hawever after discussians
with the Episcapal Diacese af S.E. Florida in Miami (the awner
af recard) it wa~ decided to. designate the praperty as a Lacal
Histaric '!!.ll' ~~,
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the total af ~ designatians is being made at the request of the
, Histaric PreserTation Baard.
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HISTORIC PRESERVATIO~ BOARD RECOMMENDATION
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Th;"'Boar'd cansidered these si tes on February 17, ,1989 and farwarded
a unanimous rec?mmendatian af appraval.
Ptesent at the hearing were the pas tars af St. Paul AME
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Mt. Olive Baptist Church, the Seniar Warden of St. Matthew
Episcapal cangregatian (they are currently wi tha\ltta,'pi'hilt)
a representative fram the Masanic Ladge 275 and 15 members
of the cammunity. All were in favor af the designatians.
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ORDINANCE NO. 17-89
AN ORDINANCE OF 1'HE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLOR IDA, DESIGNATING
THE PROPERTY UPON WHICH THE GREATER MOUNT
OLIVE MISSIONARY BAPTIST CHURCH WAS FOUNDED
IN 1896, MORE PARTICULARLY DESCRIBED AS LOT
7. BLOCK 28, TOWN OF DELRAY, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AS A LOCAL HISTORIC SITE; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA. 1983"
TO SHOW, IN AN OVERLAY MANNER, SAID DESIGNA-
. TION; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, the Historic Preservation Board. at a meeting
held on February 17, 1989, unanimously recommended the designa-
tion of the property upon which the Greater Mount Olive Mission-
ary Baptist Church was founded in 1896 as a Local Historic Site;
and,
WHEREAS, the Historic Preservation Board, at a meeting
held on March 16. 1989, ratified the aforesaid action taken on
February 17, 1989,
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DEI,RA Y BEACH, FloOR IDA, AS FOLLOWS:
5e.c.ti.Qn ._1... That the fOllowing described property in
the City of Delray Beach, Florida. is hereby designated as a
Local Historic Site, to-wit:
,
Greater Mount Olive Missionary Baptist Church
Founded 1896; Lot 7, Block 28. TOWN OF
DEL RAY , according to the Plat thereof record-
ed in Plat Book 1, Page 3, Public Records of
Palm Beach County, Florida.
The subject property is located at 'the
southwest corner of the intersection of N.W.
1st Street and N.W. 4th Avenue.
Section 2. That the Planning Director of the City of
Delray Beach. Florida, shall, upon the effeotive date of this
ordinance, amend the Zoning Map of Delray Beaoh. Florida. to
show, in an overlay manner, the above designation.
Section 3. That all ordinanoes or parts of ordinanoes
in oonflict 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 deolared by a Court of oompetent jurisdiotion to be
invalid. such decision shall not affeot the validity of the
remainder hereof as a whole or part thereof other than the part
deolared to be invalid.
Section 5. That this ordinanoe shall beoome effeotive
immediately upon passage on second and final readins.
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PASSED AND ADOPTED in regular session on second and
final reading on this the day of . 1989. I
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. MAY 0 R
ATTEST:
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City Clerk
First Reading ___________,_
Second Reading
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- 2 - Ord. No. 17-89
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ORDINANCE NO. 18- 89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, DESIGNATING THE PROPERTY UPON WHICH THE
ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH WAS FOUNDED
IN 1897, MORE PARTICULARLY DESCRIBED AS LOT 5, BLOCK 27,
TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 1, PAGE 3, PUBLIC RECORDS' OF PALM BEACH COUNTY,
FLORIDA, AS A LOCAL HISTORIC SITE; AND AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN
OVERLAY MANNER, SAID DESIGNATION; PROVIDING, A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, the Historic Preservation Board, at a meeting held on
February 17, 1989, , u~animously recommended the designation of the
property upon which the St. Paul African Methodist Epispopal Church was
founded!n 1897 as a Local Historic Site; and,:
WHEREAS, the Historic Preservation Board, at a meeting held on
March 16, 1989, ratified the aforesaid action taken on February 17,
, 1989,
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NOW, THEREFORE , BE IT ORDAINED BY THE CI'l;'Y COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the Ci ty
of Delray Beach, Florida, is hereby designated as a Local Historic Site,
to-wit:
St. Paul African Methodist Episcopal Church Founded 1897;
Lot 5, Block 27, TOWN OF DELRAY, according to the Plat
thereof recorded in Plat Book 1, Page 3, Public Records
of Palm Beach County, Florida.
The subject property is located on the east side of N.W.
5th Avenue, between N.W. 1st Street and N.W.2nd Street.
!I Section 2. That the Planning Director of the City of Delraa
I[ Beach, Florida, shall, upon the effective date of this ordinance amen
II the Zoning Map of Delray Beach, Florida, to show, in an ,overlay manner,
I' the above designation.
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~ Section 3. That all ordinances or parts of ordinances in
conflict therewith be, and the same are hereby repealed,. ,
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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 , 1989.
MAYOR
ATTEST! ,
City Clerk
First Reading, 10
Second Reading
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ORDINANCE NO. 19-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, DESIGNATING THE PROPERTY UPON WHICH THE
FREE AND ACCEPTED MASONS DELRAY BEACH LODGE 275 WAS
ORGANIZED IN 1899, MORE PARTICULARLY DESCRIBED AS LOT 1,
BLOCK 28, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM
: BEACH COUNTY, FLORIDA, AS A LOCAL HISTORIC SITE; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO
SHOW, IN AN OVERLAY MANNER, SAID DESIGNATION; ?ROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
\ WHEREAS, the Historic Preservation Board, at a meeting held on
Febrpary 17, 1989,,' unanimously recommended the designation of the
property upon which The Free and Accepted Masons Delray Beach Lodge 275
I wa_s organized in 1899 as a Local Historic Site; and,'
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: WHEREAS, the Histor1c Preservation Board, at a meeting held on
i March 16,1989, ratified the aforesaid action taken on February 17,
1989,
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE'
,
I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ Section 1. That the following described property in the City
: of Delray Beach, Florida, is hereby designated as a Local Historic Site,
to-wit:
The Free and Accepted Masons Delray Beach Lodge 275 was
II Organized 1899; Lot 1, Block 28, TOWN OF DELRAY,
~: according to the Plat thereof recorded in Plat Book 1,
Page 3, Public Records of Palm Beach County, Florida.
I
II The subject property is located on the east side of N.W.
~, 5th Avenue, between Atlantic Avenue and N.W. 1st Street.
~ Section 2. That the Planning Director of the City of Delray
II Beach, Florida, shall, upon the effective date of this ordinance amend
II the Zoning Map of Delray Beach, Florida, to show, in an ,overlay manner,
8 the above designation.
~ Section 3. That all ordinances or parts of ordinances in
~ conflict therewith 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 find
reading on this the ____ day of , 1989.
MAYOR
ATTEST :'
City Clerk
First Reading II
Second Reading
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ORDINANCE NO. 20-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, DESIGNATING THE PROPERTY UPON WHICH THE
ST. MATTHEW EPISCOPAL CHURCH WAS FOUNDED IN 19l1,' MORE
PARTICULARLY DESCRIBED AS LOT 1, BLOCK 32, TOWN OF
DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEJ(CH COUNTY,
FLORIDA, AS A LOCAL HISTORIC SITE} AND AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN
OVERLAY MANNER, SAID DESIGNATION; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Historic Preservation Board, at a meeting held on
February 17, 1989, unanimously recommended the designation of the
property upon which the St. Matthew Episcopal Church was founded in 1911
as a Local Historic Site; and,
WHEREAS, the Historic Preservation Board, at a meeting held on
March 16, 1989, ratified the aforesaid action taken on February 17,
1989,
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
'I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
II Section 1. That the following described property in the City
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1 of Delray Beach, Florida, is hereby designated as a Local Historic Site,
i to-wi t:
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St. Matthew Episcopal Church Founded 1911 ; Lot 1, Block
1 32, TOWN OF DELRAY, according to the Plat thereof
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:1 recorded in Plat Book 1, Page 3, Public Records of Palm
'I Beach County, Florida.
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i! The subject property is located on the west side of S.W.
j! 4th Avenue, between S.W. 3rd Street and S.W. 4th Street.
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, Director City Delray
i! Section 2. That the Planning of the of
:1 Beach, Florida, s-hall, upon the effective date of this ordinance amend
II the Zoning Map of Delray Beach, Florida, to show, in an overlay manner,
Ii the above designation.
II
I Section 3. That all ordinances or parts of ordinances in
1
conflict therewith 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 , 1989.
'. MAYOR
ATTEST:
City Clerk
First Reading .'
Second Reading ,1--
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The Early
- Years: \
A Chronology
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1878 - ::f May I, Hannibal Pierce Is named keeper ot the U.S. Coast
,'. Ouard House ot Refuge -3, a sanctuary tor shipwrecked
..J sailors. situated about one block north ot AUantlc Ave. on
:'J North Ocean Blvd.
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" ;;t . Mail service by "baretoot mallinan" Is inaugurated.
'18811-
~';II - "if" Black Plonee;s petition the Dade Count)> schoolboard tor a
' "" "1 teacher, B.F. James Is sent to set up and administer the '
",' 'tlrst school for Delray Beach chl1dren.
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' 18911 - ...".;t WlIIlam Linton PUrchases a tract ot 840 acres (now
:~ downtown Delray Beach), called Linton.
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18911- ",J Mrs. Annie Andrews becomes Postmaster ot area'. tlrst
""post offlce called "Zion."
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"': ~ ' 18911....; ,.'. The name De1ray Is given to this community blr W.W.
! . BlackIl1er who came with settlers to this area rom De1ray,
. ~' . ; Michigan.
,- ",,'~98 - . ..-:r~t. Olive Baptist Church and Mt. Tabor (now 8t. Paul " ,
' · , ~, African Methodist Episcopal Church), the tlrst ch~es in
i Delray are organized. "',,, '. ".. ,
. 11 '. ...1:) o.l::)n..~r_J.
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1896 - , U ~fr:~~rid.a East Coast Railroad (FEC) Is completed to ""~.. "
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1901 - ~'~ Linton is renamed Delray Offlcially. '
1911 - ;.4 Town ot Delray Is incorporatedl the Part ot the old town ot
:'Llnton which lay west ot the Intracoastal Canal.
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1927 - i" The City ot Delray Beach and the Town ot DelI'ay Beach
' t j (east and west of the In~racoastal) are united under the !
' ;-! "name ot the present City ot De1ray Beach.
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, Pag84 , ,'. City of De/ray Beach
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.- , ~E ..,t DESIGNATIO" REPORTS
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* 1895 'SCHOO~ FOR BLACKS OPENED - Northwest 5th Avenue, now
the west parking lot of
; greater Mt. Olive Baptist
. , .; Church. Block 28, Lot 2.
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* 1896GREATER HT. OLIVE MISSIONARY
BAPTIST CHURCH - 40 Northwest 4th Avenue.
'.. l . Block 28, Lot 7.
, :;:,:: *'llj"~7 ST ~ ;A~L AFRICAN METHOD I ST -
.,,' , EPISCOPAL CHURCH - 119 Northwest Fifth
~,\", ;' . ~ .. .
'~,:', ""~' Avenue. Block 27, Lot 5.
..': .~.:; -." ",.~. ~:>l
.0: * 1899 -, THE F'R'EE & ACCEPTED MASONS
. DELRAY, BEACH LODGE 275 - 85 Northwest 5th Avenu.
':'" '0. . .."1., Block28,Lotl..
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". 1911 ST. MATTHEW EPISCOPAL CHURCH- 404 S.W.' 3rd Street.
-, -"l Block 32, Lot 11
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'I. PURPOSE
~II. LOCATION
:111. HISTORICAL AND ARCHITECTURAL SIGNIFICANCE
IV. PRESENT USE, CONDITION AND ZONING
!V. IMPACT
:VI~ RESOLUTION
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'I .:~, PURPOSE 1 ~ ' i
'?~' "Th'e~ ~u~;~'~.;~;s', Of.:des1gnating the fo'l1owing sites and buildfng to thl
,.,iOelray B_~ch,Local Reg1$ter of Hfstorfcal Places are to approprhtel~
'c, note and 'l'ecogn'1,ze and thereby enrfch the hfstory of the total Del raJ
.~i,,::,-~Bnch' Commun1ti: most fmportantly to develop a deeper and a marl
";', ... s ens 1 t 1 v e' a p p I' i c fa t 1 0 n 0 f the c u 1t ural. r e 11 g f 0 us. e con 0 m f can (
c~:, educit10nalcoritr1butfon of Blacks that gave early Delray Beach a muct
,,,-;':" 'need,edse:nse c?f!"permanence and kfndled a hfgh .sense of communftJ
:,",,;" 'belong1ng.,toget,herness and understandfng. I
.., -...,~,."':- . - "" ,'... '," -..;;
:IIY:LO~:ATIO,,'>I' ,
" .'~.:'- ,~. . ~:~ ". . .. '_.'.,'1. ". ,
"-' ,The'se sites are'-"ocated fn what 15 one of the oldest and most permanenl
':- ;'sectors of Delrat Beach-the Western Sector., bounded on the East b)
;.. :North,west and,~,$outh West F1r'st Avenue. the West by North West Efghtl
'Averiue.,' the Nor,th' by Lake Ida Road and the South by South West Fourtt
, - ,Street. Thfs s~ctor was settled prfnc1pilly by Blacks when ft was thl
.' part', of' North DAde County. It was 1n thfs Sector that the ffrst anc
most permanent fnstftutfons were establfshed-homes. schools anc
_ t~ churches. Indeed. a compact six or efght Iilock area. lyfng ,north 0'
Atlantfc Avenue,{to Northwest Thfrd Street-Blocks 3.5.10.11.12.13.27.21
- 1$ where the ,b'asfc educatfonal. reI fg10us and. fraternal and' busfnes:
, 1nslitutfons an~ ventures were started, even before It was fncorporatel
as Linton in 1895. Huch of Delray Beach's hfstory and beginnings a rl
found 1n th1s a~!a.
III. KISTORICAL AND ARCHITECTURAL SIGNIFICANCE
.~
.-SCHOOL NO.4 DELRAY COLORED.- October. 1895
~ Proposed Loca' H1storfc Sfte
Accord1ng to the Co~nty School Records durfng t~e 1894-1909 perfod wher
Palm Beach County was part of Dade County, Blacks who had come ani
settled 1n th1$Jarea. petftfoned Superfntendent C.H. Lum for a schoo'
and a teacher 1 . IB94. 8ecause there was no plac~ to house the school,
a requ1rement a~ th~i time-the school did not open ~ntl1 October, 1895
B.F~, James opened the four month school term in a thatched hut on 5t
Avenul. a part'Of which 15 the west parking lot of Greater Ht. Ol1v,
Hfss10na"'1"Bapt1~t Church. The offfchl school record reveals th1:
about'<tliat::'lot:oi-:' -L1nton-1894. Del ray Col ored-la95. 011 ray Tra1 nfn'
",.. SChoo'~1914-39.:"~iCA h15torlcal marker desfgnatfon for th15 sfte 15 mas
appropr1ate~~'Oiii of the more arresting aspects of th1$ venture wa!
;, ,that thlpetftfoners made provisfons for educatfng thefr chfldre,
., before purchisfri'9. land for buildfng churches. The school has a stronl
',' ~'feelfng fn thl is'lck communfty - even today.
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III~ HISTORICAL_AN~AR,CHITECTURAL SISNIFI.CAIICE (Cont'd.)
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" ,-' 'SREAtER MOURT OLIVE ,MISSIORART BAPTIST CHURCH. 1986
. '40Northwest 4th A,enue
~ Proposed Local Historic Site
'Organized til 1896, Trustees Albert Cohen, Ed Chambers and Fa9an Henry
on behalf of theMt. Olive membership purchased Lot 7 In Block 28 from
the Hodel Lan4Company on January 26, 1898. It! h tbe third Qldest
church in Palm Buch County, the oldest in Delray Btlch. Mt. 01 he
'constructed a frame edifice on said lOt before purchase and shared It
with the Afrlcan,Jlethodht Flock, or9a-nized a year later; it shared Its
cop'ious facl1ity.for the school commencement exerches, and recently
pur~hased the lot, where the school was opened in 1895.
ST. PAUL ~FRICAR METHODIST EPISCOPAL CHURCH. 1897
~ 119 Northwest Fifth A,enue
., Proposed Local Historic Site
Organized in th,e' Jane and Fagan Henry Packing ,House on the- corner
. Northwest Third Avenue and Second Street (now Hvtin Luther King; Jr.
Drive) as the African Methodist Episcopal Church{ Trustees Moses Baker,
George Hanna and Jesse Col e purchased Lot I, Block 28 from the Hodel
Land Company on October 13, 1899. It shared the edi fice of Mt. Olive
as Ht. Tabor A.H.E. Church untll it purchased Lot 1 in Block 27 from
George and JostetGreen and built a church there as St. Paul A.H.E. on
Alrgust 30~191H having sold Lot I, 810ck 28'to the Free Accepted
Masons ,January in; 1904 .
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FREE AND ACCE~TED MASONS. LODGE 275
~ 85 Northwest Fifth A'enu~ '
. ',Proposed Local Historic SUe "/
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Organized in 1899" the Free Accepted Hasons purchased Lot I, Block 28
from the African'Hethodist Episcopal Church and filed claim on OCTOBER
11, 1904, with ,Trustees George H. Green, George Ha'nna and Jesse Cole
-"+-'.party of':"thef,l,rst 'part and Robert B. Wilson, James Honroe and D.
'. Campbell ,.and thefr'~successors party of the second part.. Mason 1 c Lodge
.'275 'ts,';one,'of'the'oldest fraternal organizations In South Florida, and
,its located::on the'very Same lot.
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.~. ST. MATTHEW EPISCOPAL CHURCH
',~.:404Southwest 3rd Street
J Proposed' Local Hhtoric 5tte
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Organizedi~ 191t;the year Delray Beach was incorporated, it is one of
the firstBl~ck"churches erected South of Atlantic Avenue, especially
for,commllnica~hifrolll the Bahamas Islands., As a structure, butlt in
1916. tt, huthe major trimmln9s and architectural design for the
Angl~cantpiscop~l services. One of its founding ~elllbers is Mrs. Susie
'Russell. ' , ,",t '
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~~: Th'eie'sftes""that"rphyed such a vital and stabfltzfng part fn the earl,)
hfstory and ,development of Delray Beach. and have an abfdfng and
"laStfngresfduefofprfde of and respect for efforts of many of the
pfoneeringBlacks'. need to be desfgnated by approprfate h,lstorical
.'markers., sothatJtheir real meaning may be demonstrab,ly shown to and
~ appr,echted by th,e'more recent resfdents here. I
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-Thisfs especfall) needed and requfred today as Delray Beach embarks on
'and engages in t~e much needed efforts to realize the goals enunciated
. fn 'isfons2000 fn all sectors and sections of the cfty~
L
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'The ravages of ttme. cfrcumstance and opportunfty and the demands for
change to meet, :!he future needs and de.sfres have destroyed and are
lfhly to replac,;,much that was orfgfnal. havfng fn far too many
.. instances ',the lind-the sites. Understandably. progress hIS forced
" ,: changesfn the, s;ructures of two of the churches and the HlSoofc Hall
'. and 'the ffrst SC,hool has long sfnce moved. . ,
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Dare we forget th' places and sftes on and for whfch many of the early
. ~pfon~erslfv~ng f~ thfs sector struggled and shared fn gfvfng our cfty
. shape and form. stabllfty. foresfght and vfsfonl
','. . u . '1't. .
,": Dar~' we attemPt~\o rekfndle and stfr anew .the spfrft of togetherness
': and community up,,!}ft that made for struggling but s.teadying progress fn
.' the early years;and which is needed fn meeting the even more complex
. ...' , ....')..
;'" and 'varif~g demanilsof today and tomorrowl.
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::,These: markers 'anCtdesfgnatlons are deservfng of historfcal notfce on
. thefr' merf.tand .:~'ufffcfency. but have additional, Vll ue At thl s tfme.
They' wfll se~ve a~ a precursory stimulant for those fn thfs sector and
in the total communf ty to give added and favorable effort to preserve
and to Improve thfs sector and thus enrich the entfre community.
Preserving the ol~and blendfng ft with the new and Icceptlngboth wfth
dfgnfty and grace:requfre and demand posftive and forthrfght commftment
and action. .
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IY. I Y. PRESENT USE AND IMPACT ( Co n t I d. )
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All -, the sa.' sites'. eve nth eon e w her e the f nit fa 1 e d u cat ion e ff 0 r t
st'arted, are servtng the community in the same manner as when they
began as concepts nearly a century ago. Indeed, Greater Ht. Olive
Missfonary Baptist' and St. Paul A.M.E. Churches are in the mIdst of
separate $500,000 bufldlng and expansfon programs fn Blocks 27 and 28
respecthely.;When completed, they wfll be ffttfng and lastIng
testaments and memorials to an honored past to, be remembered and a
h op e f u 1 f u t u r e, ..t Q be fa s h f 0 n e d . The y, a 1 0 n g w f t h the u n i que St.
Matthew EpiScopal Church and newly remodeled Masonfc Hall, are and wf1l
be beacons of historical notice and. singularfty' that wf1l assist the
planners of the~"ew AtlantIc Avenue West Corridor to better serve the
tot~l community~~
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YI._ RESOLUTION
,
. It is there fore 'ireso 1 ved that the above mentioned four sItes and one
bufldfng be recognized for their h15torical, cultural and architectural
contribut10ns toithe Cfty of Delray Beach by being placed on t'lle Local
,H1stor1cRegiH, r. No.4. Delray COlorld, ope,ned October, 1985, on
what is now,Block 28, Northwest 5th Avenue~ Greater Mt'. Olhe
Miss10nlry BI~tfst Church, Block 28, organfzed 1896 and purchased 1898
on which bu1ding was erected the same year, rebuflt after the 1928
Hurricane rebuiltagafn as is today, 140 N.W. 3rd Avenue~ Free and
Accepted Mlsonj'Lodge 275, Delray, organized 1899, purchased from
African Method st Church in 1904 and rebufl t' structure after 1928
Hu'rricane;and "St. Paul African Methodfst Episcopal Church, or9anized
1897" p u r'c has e d" an del' e c t e d s t r u c t u r e In B 1 0 c It 27, 1911 and 1916
respecthely anarebUflt after the 1928 Hurricane and remodeled to
present 1955, 119 Northwest 'Fifth Avenue, be' designated local historic
s 1 t es . " ,,~
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St. Mltthew E~fsco:ll Church, 404 S.W. 3rd Street. Organized in 1911,
buflt In 191 an rebuilt fn 1926 when the present cornerstone was
laid, and completed in 192B
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The Hlstorfc :Preservation Board recommends that th 15 c h u rc h be
designated a Loc~l Historic Building.
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[ITY DF DELRAY BEA[H--
CITY ATTORNEY'S OFFICE JIOS.II"STREET,SlJITE4 DELRAYBEACH,FLORIDA33483 305/243-7090
"!EMORANDUM
Date; April 6, 1989 '
To: City Commission
From: Herb~~rt W.A, Thiele, City Attorney
Subject: Proposed Alternative Ordinances Regarding Exception
to Open Air Burning Prohibitions
As ~ result of the direction provided by the City Commission at
your workshop meeting of January 31, 1989, the City Attorney's
Office has prepared two alternative draft ordinances for your
. cC1nsideration at an upcoming meeting,
Since it was unclear whether or not the consensus of the City
C::llTuni ssion we."- to provide a flat exception to the open air
burni ng prohibition, or rat_her to provide such exceptions to be
made on a ca3e by case basis, the City Attorney';; Office has
prepared two alternative ordinances on this subject.
Alternative Ordinance No, 1 would add a provision to the Code
of Ordinances that makes an exception to the prohibition on
open air burn.ing for "air curtain incinerators", SUbject to the
approval of nO:! other applicable regulatory agency rules or
regulations, as well as approval of the Fire Department for
fire safcty purposcs,
Alternative Ordinance No, 2 would also provide such an excep-
tion, however, sllch exception would need to be granted by the
City Commission on a case by case basis, based upon certain
factors. The exceptions in this section would be based upon a
demonstrated hardship by the applicant much in the manner that
the applicant in a Board of Adjustment variance case would need
to present evidence of hardship under the Code of Ordinances,
By copy of this memorandum to the City Manager's Office, we are
requesting that both of these alternative ordinances be placed
on the City Commi ssion regular agenda for the Commission's
further consideration.
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C::\ty COlTUnission
April 6, 1989
Page 2
If you have any quest,ions concerning this matter, please
contact the City Attorney's Office.
~
Attachments ,
c:c: Walter 0, Barry, City Manager
Frank Spence, Director of Development Services
Robert A. Barcinski, Assistant City Manager
John Elliott_, Assistant City Manager/Management Ser. Group
Chief Kerry Koen, Delray Beach Fire Department
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CPDINANCE NO, 22-89
~'>1 ORDINANCE I)"' THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, A~lENDING TITLE 9, "GENERAL
REGUI,ATIONS" , CHAPTER %, "FIRF PREVENTION; FIRE
WORKS" , SECTION 96.04, "OPEN BURNING", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY ENACTING A NEW SUBSECTION E, PROVIDING AN
EXCEPTION TO THE PROHIBITION FOR AIR CURTAIN
INCINERATORS; PROVIDING A ClENERJI,L REPEALER CLJ>,USE;
PROVID1NG A S7\VING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE
CITY OF DELRAY BEACH, FI,ORIDA. AS FOLLOWS:
Section 1. That Title 9, "General Regulations", Chapter 96,
"Fire Prevention; Fire Works" , Section 96.04, "Open Burning", of the
Code of Ordinances of the City of Delray Beach, Florida be and the same
is hereby amended by enacting a new subsection (E) to read as follows:
(E) That the prohibition of open burning contained in Subsec-
tion A above shall not apply to the use of air curtain incinera-
tors, provided that such air curtain incinerator process has
received all of the necessary and applicable permits from other
governmental regulatory agencies with such jurisdiction, and
further SUbject to the express approval of the fire chief of the
Delray Beach Fire Depart,ment as to t,he issue of overall safety of
the property, in neighboring properties for the use af such a
procedure.
Section 3 . That, 311 ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 4, That should any ser:tion or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such deci-
sion shall not effect the validi ty of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 5. That thh; ordinance shall become effective ten
( 1()) days after its passage on second and final reading,
PASSED AND ADOPTED in r0.gular' session on second and final
reading on this the day of , 1989.
MAYOR
ATTEST:
City Clerk
Fj,rst Reading
Second Reading
JLf
AL~-A
1
=-."C
~'RDINANC8 NO, L2-89
AN OEDINANr.E OF THE ':1TY ('OMr11 SSION OF THE CITY OF
DELR,t,y BEACH, FLORIDA, AMENDING TITLE 9, "8ENERAL
REGULATIONS", CHAPTEF. 96, "FIRE PREV~TION; FIRE
WORKS", ,SECTION 96.04, "OPEN BURNING",;" OF THE CODE
OF ORDIN~ES OF THE CITY CF DELRP.Y/BEACH, FLORIDA,
BY ENACT! G A NEW SUBSECTION R PROVIDING AN
EXCEPTION '';\0 THE PROHIBITION . OR AIR CTJRTAIN
INCINERATORS BASED UPON A DETERM NATION OF HARDSHIP
BY THE CI'I"i C MMI5SION; PROVIDI A GENERAL REPEALER
C'LAUSE; PRO'll ING A SAVING USE; PROVIDING AN
EFFECTIVE DATE,
NOW, THEREFORE, E IT ORDAI ED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORI
Section l. That T tIe 9 "General Regulations", Chapter 96,
"Fire Prevention; Fire Works , 5e tion 96.04, "Open Burning", of the
Code of Ordinances of the City of Delray Beach, Florida be and the same
is hereby amended by enacting a n w 3ubsection IE) to read as follows:
(E) That the prohibi i n contained in the above Subsection A
above for open burning s a 1 not be applicable to air curtain
incinerators, provided th t s ch incinerating process has received
all the necessary and a plica Ie permits from other governmental
regulatory agencies wit such urisdiction, and further such open
air incinerators shall e subj t to the express approval of the
C,i ty Commission based u on the C,rty Commission's determination of a
liiO~'1iP which would b_ o::aused t: the applicant should such open
bur' rig prohibi tion no be exempte for t.his air curtain incinera-
tor appli cat i'm,
\
Section 3 . Tha, all d' ~ parts ':if ordinances which
or. 1 nances \ or are in conflict herewith and the same ai\e hereby repealed,
\
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Section 4, at sh01.lld dny section or provision of this
ordi.nance or any porti thereof, any para~aph, sentence or word be
declared by a court of competent jurisdiction\ to be invalid such deci-
sion shall not effect ,he validity of the rcm~inder hereof as a whole
part thereof other tha the part declared to be 'invalid,
Section 5. this ordinance shall' become effective ten
DO) days after its p on second and final rea~ing.
ADOPTED in regular session on second and final
reading day of , 1989.
'llIYOR
ATTEST:
City Clerk
First Reading
Second Reading
,If
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ENGINEERING DEPARTMENT
M E M 0 RAN DUM
TO: PATlUCIA BRAINERD
CITY COMMISSIONER I
THRU: FRANK SPENCE ~
DIRECTOR DEVELOPMENT SERVICES
FROM: JOHN WALKER tJ4
PROJECT COODINATOR
DATE: MARCH 20, 1989
SUBJECT : OPEN BURNING FOR LAND CLEARING .
-,
, In response to your question of 3/13/89, I was able to
obtain the State Requlation for open burning. Note
espeCially section 17-5.070 (j) (2) . The Palm Beach County
Health Department is the main permitting agency, subject to
local requirements.
In discussion with Mr. Satyal, it appears that the
high-velocity burning of Air Curtain Incinerators, if
properly used, will not pollute the atmosphere due to the
reburning of smoke. Mr. Satyal offered to meet with City
Officials to discuss details of burnin~ procedures.
Should you have additional questions, ~lease feel free to
call.
JW:slg
,- Gates Castle ----
cc:
Dayid Kovacs,
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RECEIVED
IIJ.R 20 89
ENGINEERING DEPT.
DER 19.- OPEN BURNING AND FROST PROTECTION FIRES 17-5
CHAPTER 17-5
OPEN BURNING AND FROST PROTECTION FIRES
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DER19.' OPEN BURNING AND FROST PROTECTION FIRES 17-5
CHAPTER 17-5
OPEN BURNINC AND FROST P~OTECTION FIRES
17-5.001 Declaration and Intent.
17-5.020 Definitions.
17-5.030 Prohibitions.
17-5.040 Limitations.
17-5.050 Agricultural and Silvlcultural Fires.
17-5.060 Burning for Cold or Frost Protection.
17-5.070 Land Clearing. .
17-5.080 Industrial, Commercial, Municipal and Research Open Burning.
17-5.090 Open Burning Allowed.
17-5.100 Effective Date.
17-5.001 Declaration and In~t.
(1) The Department finds and declares that the open burning of materials
outdoors and the use of outdoor heating c1evices result In or contribute to air
pollution. The Department further finds that regulation of open burning and
outdoor heating devices will reduce air pollution significantly.
(2) It is the intent of the Department to require that open burning be'
conducted in iI manner, under conditions, and within certain periods that will
reduce or eliminate the deleterious and noisome effect of air pollution caused
by open burning. ,
. (3) I t is the in tent of the Department to phase out, over a perlocl 'Of
years, open burning of certain unapproved materials and heating cIevlces which
are presently being used for crop protection against frost and freezing and to
require that only materials and heating devices which emit a minimum of air
pollution be used.
(4) The Oepartment finds that certain fuels release less al,. pollution
when burned than do other fuels. Therefore, the Department Intends to' approve
fuels which contribute only a minimum of air pollution and allow their use for
cold or frost protection and to phase out, ove,. a periOd of yea,.s, all fuels
which do not meet Oepartment specifications.
(5) The Depa,.tment finds that there a"e Mveral alternative disposal
methods for pesticide containers that are environmentally preferable to open
burning. 1 t is the Intent of the department that Individuals seeking to
dispose of pesticide containers as provided In this Chapter consider
recycling, landfilllng, on- site burial, and Incineration prlo,. to engaging In
open burning.
Specific Authority: 403.061(7). F.S.
Law Implemented: 403.021, 403,031. 403.061, F.S.
History: New 7-1-71, Amended 7-30-85. 10-20-1l5. Previously numbered as
17-5.01. -
17-5.020 Deflnltlons. The following words, phrases. or terms when
used in this chapter shall, unless the content othe,.wlse Indicates, have the
following meanings: _
17-5.001(1) -- 17-5.020
1)- 20-11
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DER 191. OPEN BURNING AND FROST PROTECTION FIRES 17.:;
(1) "Air Cu~taln I ncine,..tor" is a po~table o~ stationa~y .:omb...stion
device that di~ects a plane of high velocity fo~ced d~aft al~ th~ough a
manifold head into a pit with v~~:lcal walls in such a manne~ as to mainta~:"! .
cu~taln of al~ ove~ the su~face of th" pit and a "eci~culat!"g 'l\..Jt.I.. I v "'
unde~ the cu~tain. An air cu~tain incine~ato~ Is con t~ol!ed burnir":: .;
defined in Flo~lda Admlnist~atlve Code Rule 17-7.020(15).
(2) "AI~ pollution" is the j)~esence In the outdoo~ atmosphe~e of the
sute of anyone or mo~e substances o~ contaminants In quantities whieh a~e ,,~
may be potentially ha~mful o~ injll~lous '0 human health o~ welfar.., l!' -.:...~,d J'
plant life, o~ p~ope~ty, o~ un~easonablv inte~fe~e with the enjoyment of Ii!':?'
o~ p~ope~ty, IncludIng outdoo~ ~ec~ution,
(3) "AI~ Poilu tlon Episode" Is any occu~~ence of elevated levels of
pollutants In the atmosphe~e whio..i-: requi~e hasty and unusual abate...ent action,
(4) "App~oved fuel" shall .nean fuel app~oved by the Depa~t"ent to emit
o~ ~elease a minimum of pollutants "'hen bu~ned.
(5) "Clean d~y wood" means wood (including IIghte~ pine), lumbe~ or t~"..
and sh~ub t~unks, b~anches, and limbs which is f~ee of paint, penthachlo~cphE:-
nol, c~eosote, u~, asphalt, o~ othe~ wood p~ese~vatives and which whe~, bu~ned
does not emit "xcessive visible emissions.
(6) "Depa~tment" Is the Depa~tment of Envl~onmental Regulation.
(7) "Depa~tment AI~ Stagnation Advlso~y" is a tempo~a~y p~ohlbltlon of
open burning activities by the Depa~tment that Is b..ed upon a Depa~tment
fo~ecast of a s tagnan t atmosphe~ic meteo~ologlcaJ condition that does not
allow the dlspe~slon of al~ polluunts.
(8) "Excasslve visible emissions" a~e al~ pollutants emitted In such
. quantity as to obscu~" an obse~ve"'s view to a deg~ee equal 10 ,,~ g~.ate~ lhan
NumDe~ two (O~ 40\ "par-j'y) on the Rlngelma"n Smoke Cha~t as published in lhe
U.S. Bu~eau of Mines Inlo~matlon CI~cula~ No. 7718.
(9) "Extinguished" means the absence of any .vlslble flames, smoke o~
emissions.
(10) "Fo~ced d~aft" is an acequate cu~~ent of ai~, blown o~ fo~ced by a
fan or othe~ mechanical meanl, which Is dl~ected o~ a~~an ged in ~el atlon to
the open bu~ning in such a manne~ as to Inc~ease the tempe~atu~e of the fi~e
and to ~educe o~ minimize the ~csultant pollution.
(11 ) "Carbage" means ~Il kilchen and table food waste, animal o~ vegeta-
tive waste that il attendant with o~ ~esul ts f~om the sto~.ge, packaging,
!l~epa~atlon, co.>king o~ handling of food mate~lals.
( 12) "Croup I Container'sll m..tns combustible contalne~s which fo~me~'y
contained org.:nic or (.~~tallo"'o,.:;a:"'i',: pesticides" !!xcept organic mercury, laad,
cadmium, o~ a~senlc compounds.
( 13) ULand Clea~ing Deb~is" Is up~ooled o~ c1ea~ed vegetation ~esultlng
f~om a land clea~ing ope~atlon and does not include ya~d t~ash.
(111) Ill-and c1ea~ing o",~rationU means the up~ooting o~ c1ea~!ng '"
vegetation in connection with const~uction fo~ buildings, ~Ights-of'way,
~esiden tiai'. commar-:::ial, O~ incus t~ial development, o~ the initial c1ea~ing of
vegetation to enhance p~ope~~y value; but does not include the maintenance
bu~ning of yard trash ~esuitlng f~om fallen limbs, b~anches, o~ leaves, o~ any
othe~ ~outine p~ope~ty clean-up activities.
17-5.020( 1) -- 17-S.020( 111)
10-20-11
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DER 111& OPEN BURNING AND FROST PROTECTION FIRES 17-5
(15) "National Weather S.rvlc. Air Stagn.tlon Advl.ory" I. .n .dvl.ory
issued by the Natlon.l We.th.r Service to c.utlon loc.1 and r.glon.l .gencle.
of m.teorologlcal condition. which .re conducive to poor dl.per.lon and th.t
are expected to per.l.t for at I...t 36 hours. .
( 16) "Non- rural l.nd cle.rlng" I. .ny I.nd cle.rlng oper.tlon th.t I.
conducted In urban or re.ldentlal .r.... Incorpor.t~ or unlncorpor.ted cities
Or town.. or in .ny non-rur.1 ....e. a. de.lgn.ted by the Department and sh.1I
not Include any land cle.rlng operation th.t I. ..socl.ted with country. live-
stock or with agricultur.' actlvltle..
( 17) "Nuisance" muns any open ,burning activity which I. potentl.lly
harmful or InJuriou. to hum.n he.lth br property or "hlch I. .nnoylng or
, offensive to occupant. of thr.. or more occupied re.ldence..
(18) "Open Burning" mean. the burning of .ny m.tter In .uch . m.nner th.t
the product. of combustion re.ultlng from the burning .re emitted directly
Into the outdoor atmosphere without p..slng through. .t.ck or chimney.
( 19) "Open Field" mean. any loc.tlon In . well ventll.ted cle.red .rea
that i. .t I...t 200 feet In .11 direction. from .ny wooded .re. 01' occupied
bulldlng(.). and 100 f..t from .ny public road.
(20) "Outdoor heating device" mean. any .pp.r.tus. m.chlne. equipment. or
other contrivance in which I. burned any type of fuel capable of producing air
pollution. used outdoors for the purpose of giving protection from cold 01'
frost.
(21) "Pesticide" means any sub.tance 01' mixture of .ub.tance. Intended
for prev.ntlng. destroying. rep.lllng. 01' mltlg.tlng any In.ect.. rodents.
, nematodes. fungi, weeds. or other form. of plant 01' anlm.1 11ft Or vlru....
except viru.es or fungi on '01' In living man or other anlm.I.. which the
Department of Agriculture and Consumer S.rvlce. sh.1I declare to be a pe.t.
.nd any substance 01' mixture of sub.t.nce. Intended for un .. . plant
regulator. defoliant. 01' de..lccant.
(22) "Residential I.nd cle.rlng" I. . land cle.rlng operation that Is
conducted by the homeowner 01' an Indlvldu.1 contrllCted by the homeowner of an
existing residential dwelling of not more than two f_lIy unit. for the pur-
pose of Inltl.lly cle.rlng veget.tlon on the property.
(23) "Sunset" is offlcl.l sun.et .s nt forth by the U.S. Nav.1
Observatory (tables are avall.ble .t N.tlonal Weath.r Service. office.).
(24) "Trash" means construction Or demolition debris. and other debris
such as paper, cardboard. cloth. glass. street sweeping.. vehicle tires and
other like matter.
(25) "Waste Pesticide Contaln.rs" mean. any container. m.de of combustible
material.. including but not limited to paper. pla.tlc. 01' burlap. which
formerly contained pesticide. and which the m.nufacturer 01' formulator
provided a. an end user conveyance for the specified product.
(26) "Yard trash" means vegetative matter r..ultlng from land.c.plng and
yard maln-tenance operations and includes m.terl.l. such .. tr.. and shrub
trimming.. grass clippings. palm frond.. trees and tree stumps.
Specific Authority: 403.061. F.S.
I.aw Implemented: 403.021. 403..03.1, 403..061. F.S.
History: New 7-1-71, Amended 1-11-82. 7-30-85. 10-20-86. PrevIously numbered
as 17-5.02.
10- 20-8& 17-5.020(15) u 17-5.020(Hlstory)
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DER 1'" OPEN BURNING AND FROST PROTECTION FIRES 17-5
17-5.131 Pratllbltlons.
(1) Any open burning not specifically , allowed by this chapter nr by
Florida Administrative Code Rule SI-2 is prohibited. No person shall ;~rll",
cause to be Ignited. perralt to be Ignited, suffer. allow, burn, conduct or
raalntaln any prohibited open burning. The Division of Forestry or any
authorized fire control agency empowered by law or ordinance to extln..ul!h
unlawful burning may extlnguls;, or cause to be extinguished, 'my fire l'u"
un.uthorlzed Of' does not comply with this rule. Any person respansiole tor
unlawful open burning shall bea" any applicable costs Involved in
extinguishing the fire.
(2) No person shall use or operate any outdoor heatlne; device or burn any
unapproved fuel for cold or frost protection except It provided In this
chapter.
(3) The open burning of tires, rubber material, Bunker C residual oil,
asphalt, roofing material. tar, railroad cross tlu, other creosoted lumber,
plastics, garbage, or trash other than yard trash and household paper products
Is prohibited. Open burning of yard trash and household paper products Is
prohibited except as provided In Florida Administrative Code Rule t7-S.090( 1).
Open burning of waste pesticide conulners Is prohibited except as provided in
Florida Administrative Code Rule 17-S.090(&).
(4) Any open burning that Is allowed by this Chapter such as the burning
of waste pes tiel de containers, yard trash, and land clearing debris Is
. restricted to the site where the material was generated and may not be trans-
ported to another property to be open burned. with the following exceptions:
(a) Land clearing debris that Is generated by the commercial land
clearing activities of a person may be transported offslte to be burned by an
All' Curtain Incinerator that is .:lwn.d cr operated by that person and without a
Florida Administrative Code Rule 1,-2 all' pollution permit provided that It:
1. Will be transported to property that is owned or leased by the person
who generated the land clearing debris. and
2. Meets a setback distance of 300 feet from occupied buildings for AII'
Curtain Incinerators with vertical refractory-lined walls and with forced
underdratt air, or
3. Meets a setback distance of 1000 feet from occupied buildings for all
other All' Curtain Incinerators.
(b) Land clearing debris gone rated from the activities of one or more
persons may be transported offslle !) be burned by an Air Curtain 'nclnerator
with an appropriate Department all' pollution permit.
(5) Open burning within one thousand (1000) fn.t of any active runway of
a Oepartment of Transportatl~n approved public airport Is prohibited. The
Division of Forestry or any fire control agency authorized by law or ordinance
to extinguish unlawful burning may extinguish Or cause to be extinguished, any
open burning that Is within one thousand (1000) feet of an active airport run-
way that reduces or potentially reduces visibility at the airport.
17-5.03(;(1) -- 17-5.030(51
10-20-"
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DER 191. OPEN BURNING AND FROST PROTECTION FIRES 17-5
open burning that is within one thousand (1000) feet of an active airport run-
way that reduces or potentially reduces visibility at the airport.
(6) Open burning In particulate and ozone Nonattalnment Areas or In the
area of Influence as defined In Florida Administrative Code Rule 17-2 may be
temporarily suspended when the Department determines that ambient air COncen-
trations of total suspended particulate or ozone may near or exceed the
primary or secondary standards for these pollutants.
(1) No open burning may be conducted during a National Weather Service
, I
Air Stagnation AdVIsory, a Department Air Stagnation Advisory, an Air
Pollution Episode, or if the Division of Forestry determines that weather
conditions are unfavorable for safe burning.
(8) Open burning which reduces visibility on public roadways to less than
one thousand (1000) feet Is prohibited.
(9) Nothing in this Chapter may be construed to allow open burning which
violates other laws, rules, regulations, or ordinances.
Specific Authority: 1103.061, F.S.
Law Implemented: 1103.021, 1103.031, 1103.061, F.S.
History: New 7-1-71, Amended 1-11-82, 10-10-12,7-30-15, 10-20-16. Previously
numbered as 17-5,03.
.
17-5.040 LI.lta~s. ( Reserved)
.
17-5.050 Agrlcultur" and Sllvlcultural FINS_ Pursuant to Section I
of the Florida Environmental Reorganization Act, .Chapter 75-22, Laws of
Florida, 1975, this section has been transferred to the State of Florida
Department of Agriculture and Consumer Services. Division of Forestry. See
Chapter 51-2, Florida Administrative Code.
Specific Authority: 1103.061(31. (II), (71. 1241. 1103.011, F.S.
Law Implemented: 1103.021, 403.031. 403.061, F.S.
History: New 1-1-71, Transferred to 51-2.06, 7-1-75. Previously numbered as
17-5.05,
17-5.010 Burning for Cold or Frwt Protectlon.
(1) Intent. T he purpose of this Section Is to allow the use of open
burning and outdoor heating devices to prevent damage to agricultural products
from cold and frost in a manner which provides the maximum protection to the
quality of the ambient air in Florida. Furthermore, this Section will mini-
mize air pollution by restricting the use of oPIfI fires and outdoor heating
devices 'io times and ~emperatures when absolutely necessary to prevent cold
damage,
(2) Approval. Open burning or the use of outdoor heating devices for
frost or cold protection in connection with agricultural operations Is
allowed, provided the fuel and the heating device used have approval from the
17-5.030(5) .- 17-5.060(2)
10-20-86
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DER ".. OPEN BURNING AND FROST PROTECTION FIRES 17-5
Envl,.onmental R.gulatlon COllllwlulon p,.lo,. to u.., 01' have been autho,.lzed by
the Sec,.eta,.y pu,..uant to Flor'da Adnllnl.t,.at,,,. Code Rul. 17-5.060(4).
(a) Th. following fu.l. a,.. app,.oved for u..:
1. No. 2 dl..., fu.1
2. No. 2 fuel 011
3. P"opan. gas
4. Alcohol (.thanol 0,. ...thanol)
5. Butan.
6. LIquid p.t,.ol.um gas I
7. P.trol.um cok.
I. Cha,.coal
9. Clean dry wood
10. Methan.
(b) Th. following h.atlng devlc_ a,.. ~P,.oved fo,. u..:
1. Spot h.ate,.
Spot heat.,..
2. HY-LO R.tu,.n Stack
Sch.u P"oduct. Company
3. HY-LO La,.ge Con.
S'cheu P"oducts Company
4. B,.ad.,. H.ate,.
B,.ade,. H.ate,.., Inc.
5. Ceo,.ge. H.at.,.
. Geo,.ge. Ente,.p,.i.... Inc.
6. 'Ag,.I-H.at Heate,.
Ag,.I-Heat, Inc.
7. A conical heat.,.
Fulton-Col. Seed Company
I. O"cha,.d-Rite Hut.,.
O,.cha,.d Rite. Ltd.
9. "Retu,.n Stack"
2000 u..d h.ate,.. app,.ov.d fOl' W. H. C1a,.k F,.ult Co.
10. Radiant Omnl-Heat.,.
New O,.aullcs, Inc.
11. HY-LO Lazy Fla...e Heate,.
Scheu Products Company
12. Sun Huter Model 2
Floeming-Troutner Ag"icultural H.atlng, Inc.
13. S.lf Vaporizing Model "'.B.S.-l
Sur-ner"s, Inc.
la. HY-LO Auto Clean Stack
Scneu Products Company
15. Mobil Tr.e Heat
Mobil 011 Co"pOl'at/on
(c) Crite,.la for app,.oval of n.w fu.I.:
17-5.060(2) -- 17-5.060(2)(c)
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DER I'" OPEN BURNINC AND FROST PROTECTION FIRES 17-5
Any person desiring to hilve a fuel i1pproved for frost protection related
open burning shilll submit a petition to the Environmental Regulation Commis.
sion requesting that such fuel be added to Florldil Administrative Code Rule
17-5.060(2)(a). The petition shall contain the following Information:
1. Name. address. and telephone number of applicant;
2. Trade name or other designation of fuel;
3. ChemiCill composition of fuel;
q. The composition and quantity of air contaminants given off per unit of
fuel; and
5. The expected rate of use of th. fuel.
(d) Criterlil for approval of new outdoor hntlng devices: Any person
desiring to have an outdoor heating device approved shall submit a petition to
the Environmental Regulation Commission requesting that such device be added
to Florida Administrative Code Rule 17-5.060(2) (b). The petition shall
contain the following information:
1, Nilme. address and telephone nu'mber of appllcan t;
2. Trade name or other designiltion of the device;
3. Brief description of the device;
II. Type of fuel that Is used in the device;
5. The composition and quantity of air contaminants; and
6. Evidence that the device does not emit more th., five-tenths gram per'
minute of unconsumed solid carbonaceous miltter or particulate matter.
(3) Operating Conditions: Open burning of approved fuels and the use of
, approv.d outdoor heating devices for frost or cold protection In connection
with agricui tural operations shall be In accordance with the following
requirements:
(a) Open fires or outdoor heating dev Ices for the protection of
agricultural crops from cold or frost shall not be ignited until the ambient
temperature drops to 320F. except as provided In para!ilraph (bl. below.
(b) Open fires or outdoor heating devices for the protection of subtropi-
cal fruit. crops, and foliage such as mangos. papayas. etc.. may be Ignited at
temperatures above 320F if the threshold temperilture for cold damage for that
plilnt is higher.
(c) Temperature measurement for cold and frost protection burning shall
oe measured using a Standard Cotton Region Shelter or a Standard Fruit Frost
Station.
(q) Exceptions:
(a) Although Florida Administrative Code Rule 17-5.060( 1) through (3) are
intended to provide adequate measures to conserve fuel. protect the
atmosphere, and allow for protection of agricultural crops. hard to predict
circumstances may require exceptions to this Section. Therefore. the
Secretary is authorized to grant exceptions and allow the use of heating
devices alJd fuels not included on the publiShed list in the event of prolonged
cold weather and shortage of approved fuels.
17-5,060(2) (c) .. 17-5.060(Q) (a)
10-20-1'
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DER It" OPEN BURNING AND FROST PROTECTION FIRES 17-S
(b) Exceptions may be granted to persons who possess approved hedin,>
devices and who had possessed sufficient apprgved fuels for at least 20 hou",
of burning provld.d that:
1. More than a total of 20 hours of temp.ratures of 2soF or lower hils
occurred during the season;
2. Suffici.nt approv.d fu..ls and clean dry wood are no: avallaoi- 'or
adequate prot.ctlon from cold or frost:
3. The burning of unapproved fuel is necena..y to p..event i....ep....able
damag. to agrlcultu..al crops; .
II. There Is no forecast of a condition which might caus. an al.. poilc:tiC'n
.plsod. as defln.d by Florida Administrative Cod. Rule 17-2.320.
(c) Th. Secretary shall make a public declaration and dlss.mlnat. it to
the news media when It is d.termined that an exception Is necessary. Th..
declaration shall include the f"lIowlng:
1. A list of the fuels that can be uS.d and the conditions under which
th.y can be used.
2. The pollution potential and possible adverse health effects.
(d) In no case shall the Secretary allow the burning of Bunker C residual
oil, tire., ..ubber mate..ials, asphalt, tar, railroad crou tl..s, other
creosoted mat.rials, or plastic.., as fuel.
Specific Authority: 1103,061, F.S.
Law Impleraented: 403.021. 1103.031, 1103.0'1, F.S.
. History: New 7-1-71, Amended 1-11-82, 10-20.-11. Previously numbered as
17-S.06.
17-5.070 L.Jnd C'....lng. The foilowlng ..ules apply to '10'1- rural land
clearing "pen burning:
(1) Open burnh""3 of wooden ",aterial or vegetation g.n",..ated by a land
clea..iny operation (except fa.. agricultural, sllvicultural, 0" fo..es t..y
ope..ations) 0" the demolition of a structure is allowed p..ovided tha t all of
tne following condlt!on" are met:
(a) The open burning meets one of the following setback requl..ements:
1. Th..ee hund..ed (300) feet 0" mo... away from any occupied building fo..
..aslde:'\tial land clea..ing, or
2. Th..ee hund~ed (3e!!: '..et 0.. mo..e away from any occupied building If an
A;r Curt..in Incinerator"' is IJ5b-::-! 0"
3. One thousand ll,~OJ) fe'!t or mo..e away from any occupied building if
an A Ir Curtain I ncin....ator is not used.
(b) The open bu..nlng is setback one hund..ed (100) feet or more away from
any public highway or road and ~h9 prevailing winds direct the smoke away from
the public hig:'WliY or rMd.
(c) J'he open nurnlng Is ignited after 9:00 a.m. and is extinguished one
hou.. before sunset.
(d) The open burning is attended at all times.
i7-;,[j60(~)(b) 17-S.070(1I(d)
10- 20-1'
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DER1911 OPEN BURNINC AND FROST PROTECTION FIRES 17-5
(el The open burning has been .uthorlzed by the Dlvl.lon of Fore.try or
the approprl.te fire control .uthorlty, .nd compile. with the requirements of
Chapter 590, Florid. Statute.. .
(fl The plies of m.t.rl.ls to b. burned sh.1I b. of such .Ize th.t the
burning will be completed within the d.slgn.ted tlm. glv.n In p.r.grlph
17-5. 070( 1 Hcl. Restriction. on the slz. and number of plln may be Imposed
by the approprl.t. local fire control .uthorltl.s.
(g) Th. molstur. content .nd compo.ltlon of the m.t.rlll to b. burned
shall b. f.vorable to good burning which will mlnlmlz. .Ir pollution. W.t or
yreen v.g.t.t/ve m.terl.ls sh.1I not b. burn.d. .
(I'll Th. st.rter fuel .nd m.terl.ls to b. Ignited sh.1I not emit exc.sslv.
visible .minlons wh.n burn.d. Tlr.. or oth.r prohlblt.d m.t.rl.l. lI.t.d In
Florida Administrative Cod. Ru/. 17-5.030 .1'1.11 not b. u..d .. .t.rt.r fu.I..
(II The amount of dirt in a land c/..rlng op.n bu~nlng oper.tlon .1'1.11 be
minimized to enhance combustion .nd reduce .ml..lon..
(Jl Prior to open burning for the demolition of . .tructur., .11 In.ula-
tlon, .lectric.1 wiring. linoleum, c.rp.tlng, roofing m.t.rl.1 .uch II tar
paper .nd asphalt shingles. or oth.r .xcesslv. smoke producing or potentl.lly
air toxic material shall be removed.
(21 The use of Air Curt.ln Inclner.tors I. .1I0wed for the combu.tlon of
land cle.ring debris. No Dep.rtment permits .re r.qulr.d for .Ir curt.ln
incinerators that are designed .nd u.ed .. portabl. units and th.t will not
operate on anyone site for mar. th.n six month. In Iny y..r. Prior .uthorl-
. zatlon to use a portable Air Curtliln Incln.rltor mu.t b. obt.lned from the
Division of Forestry Ind where nec....ry, the loc.1 fir. control .uthorlty.
Air Curtain Incinerators may operlt. as portabl. unit. provided th.t the
following conditions are met:
(al Pit width, length. .nd sid. w.lI. .1'1.11 b. pr~rly m.lnt.lne,j .0
that the combustion of the w.st. within the pit wiIl b. mllntalned It .n
adequate temperature and with sufficient .Ir reclrcul.tlon to provld.' enough
residence time and mixing for compl.t. combu.tlon .nd control of emission..
Pit width shall not exceed twelv. (12) feet, .nd v.rtlc.1 sid. w.lls sh.1I be
m.lntalned.
(bl No waste may be po.ltloned to be burn.d above the level of the .ir
curtain In the pit.
(cl The types of m.t.rials to b. burned ar. r..trlcted to land clelrlng
debris. The Department may approve reque.ts for the burnlrig of oth.r slmll.r
types of wastes such a. clean dry wood on . c....by-c... b..is.
(dl Excessive visible .misslon. .re not .1I0wed .xc.pt for . period of up
to 30 minutes during st.rtups, shutdowns and tempor.ry m.lfunct/on., I' tho..
terms are defined in Chapter 17-2 FAC.
(3f Air Curt.ln Inclner.tors th.t .r. Intend.d to be st.tlon.ry units,
i.e. continuously operate at one sit. for more than six month.,' or operlte .t
any Department-permitted I.ndflll. mu.t obt.ln . Department .Ir pollution
permit pursuant to Florid. Admlnistr.tlv.' Cod. Rul. 17-2.
17-5.070(1)(el -- 17-5.070(3)
10-20-11
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DER 1'" OPEN BURNING AND FROST PROTECTION FIRES 17-5
(4) If the open bu~nlng ~esul tlng f~om a land c1ea~lngope~ation is
c~eatlng a nuisance, o~ If changing weathe~ o~ atmosphe~lc conditions c~~..te a
~eal o~ potential fl~e safety o~ ak pollution' p~obl_. the Oepa~tment "'"y
suspend o~ defe~ open bu~nlng until conditions change.
(5) Exceptions to the setback ~equl~ements mey be g~anted by the Oepa~t-
ment If the applicant obtains a signed affidavit f~om any affected ~esld~n t
within the setback are. that waives his objections to the o~fln burnir'....
associated with the land clea~tng ope~atlon. Affidavits must be ~eceiv'!d by
the Oepa~tment one week In advance of the bu~nlng.
(6) Notwithstanding the p~ovis'lons of FAC Rules 17-5.0]0(4)(a)2.,
17-5.070(1)(a)2. and 17-5.070(1)(c), ~ef~actory-lIned al~ cu~taln Incine~ato~~
with forced unde~draft al~ may commence bu~nlng at sunrise and may be cha~ged
until sunset, provided they maintain a setback distance of 1000 f..t f~om
occupied building located off-site and do not c~eate a nuisance. Ou~lng SUC"
times as; the ai~ cu~taln Inclne~ato~ Is not In ope~atlon. publl.; access to the
al~ cu~tain Inclne~ato~ shall be ~est~lcted.
Specific Autho~lty: 110].061, F.S.
Law Implemented: 1103.021, 40].031, 403.061, F.S.
Hlsto~y: New 7-1-71, Amended 1-11-12, 10-20-16. Previously numbe~ed as
17-5.07.
17-5_010 Industrial, r--uclal. 1lun1cllMl. and R_ch Open Burning.
(1) Open bu~nlng In connection with. Indust~lal. commercia', o~
. municipal ope~atlons Is p~ohlbited, except when the open bu~nlng Is dete~mined
by the Oepa~tment to be the only feasible method of operation and p~io~
app~oval is obtained f~om the Oepa~tment. o~ when an _e~gency exists which
~equl~es immediate action to p~otect human health and safety, o~ in connection
with county o~ municipal ope~ations to bu~n hurricane, to~nado, fl~e. or othe~
alsaster gene~ated ya~d t~ash using an Ai~ Curtain Incfne~ato~ as specified In
Flo~ida Administ~atlve Code Rule 17-5.070(2).
(2) Open bu~nlng and the use of outdoo~ heating devices which a~e
essen tlal to a ~esea~ch p~olect a~e allowed p~ovlded p~lo~ app~oval Is
obtained f~om th.. Depa~tmen t.
( 3) The application fo~ app~o'i al under this section shall Include the
following:
(a) The name, add~ess, and telephone numbe~ of the pe~son submitting the
application;
(b) The type of business o~ activity involved;
(c) A desc~iption of the p~oposed equipment and ope~atlng p~actlces, the
type, quantity, composition and amo"nt of ai~ cont_lnants to be ~eleased to
the atmosphe~e;
(d) The schedule of bu~nlng op..~atlons. If known;
(e) The exact location of ~ec:;ues ted open bu~nlng;
( fJ If applicable, reason 5 wi",' no method othe~ than open bu~ning is
feasible; and.
17-S,OiO(Q) -- 17-S.080(3){f)
111-20-1'
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DER1!11l1i OPEN BURNINC AND FROST PROTECTION FIRES 17-5
(g) Evidence that the proposed open burning has been approved by the fire
control authority which has jurisdiction.
(II) The Department shall approve such 'operatlons or research profects
only on specified conditions which protect the ambient air from pollutants and
contA/llinants to the greatest extent, and may limit the approval to a specified
time.
Specific Authority: 403.061(7). (16), F.S.
L.aw Implemented: 1103.021, 403.031, 403.061, F.S.
History: New 7-1-71. Amended 10-20-.6. Previously numbered as 17-5.08.
17-5.80 Open Bumlng Allowed.
(11 Open burning to reduce yard trash and household paper products
generated on occupied residential premises of not more than two family units
is allowed in ozone attainmen t areas as specified In Florida Administrative
Code Rule 17-2 without Department authorization provided that all of the
following conditions are met:
(a) The open burning does not produce smoke, soot, odors, visible emis-
sions, heat, flame, radiation, or other conditions to such a degree as to
create a nuisance.
(b) The open burning Is three hundred (300) feet or more from any
occupied building other than that owned or leased by the Individual doing the'
burning and one hundred (100) feet or more from any public hIghway or road and
- is ignited after 9:00 a.m. and Is extinguished _ hour before sunset.
(c) The open burning is fifty (50) feet or more from any residence on the
property where the burning Is being conducted.
(d) The open burning is attended and adequate fire extinguishing equip-
ment is readily available at all times.
(e) The moisture content and composition of material to be burned shall
be favorable to good burning which will minimize air pollution. Creen or wet
materials may not be burned.
(f) The open burning Is not prohibited by any local, county. municipal,
or other governmental rule, regulation. law. or ordinance.
(g) The open burning Is enclosed In a noncombustible container or ground
excavation covered by a metal mesh or grill, and is setback at least 25 feet
from any woodlands, forest, or brush.
(2) Open burning to reduce yard trash generated on occupied residential
premises of not more than two family units In areas that are designated as
non-attainment or maintenance areas for ozone as defined in Florida Adminis-
trative Code Rule 17-2 is allowed If a municipal. county or commercial solid
waste collection service for yard trash is not avallaable on a periodic basis
of at least once a week. The open burning must comply with all of the condi-
tions con tained in Florida Administrative Code Rule 17-5.090(1). and prior
authorization must be obtained from the Department or the authorized local
fire con trol agency.
(3) A camp fire, bonfire or other fire will be allowed that Is used
solely for recreational purposes, for ceremonial occasions, for outdoor
17-5,080(3)(g) -- 17-5.090(3)
10-20-1i
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DER 1'" OPEN BURNINC AND FROST PAOTECTION FIRES 17-5
non-cCllllmerclal preparation of food, or on cold days for warming of "...tdor..
workers, as long as excessive visible emissions are not emitted.
(II) Open burning for the flaring of waste gases Is allowed for reascons of
safety, as long as excessive visible emissions are not emitted.
(5) Open burning Is allowed for the instruction and training of organized
fire fighters or Industrial employees under the supervision ~f the appro,"" ,~1"
public flre control official provided that:
(a) The burning activities are for the sole purpose of fire suppression
training for non-hazardous liquid flres such as gHOllne, jet fuel, etc. and
for structural flres. All materials. that are determined to he potentially
toxic by the appropriate flre control authorl ty shall be removed from a
structure prior to burning.
101 (b) The Division of Forestry, the Department, and Ioc:al fire con trol
officials are notified in advance of the time and place of the burning
exercise.
(6) Subjec:t to 4111 of the following conditions, waste pes tlcide
containers may be burned in open flelds by the owner of the crops, the owner's
authorized employee or caretaker, or by commercial pesticide applicators hired
by the owner or caretaker.
(a) Plastic containers must be the orlgina' container provided by the,
pesticide manufac:turer or fOrlllulator as end user conveyance for the specific
procluct, and not reused containers designed for other products.
(b) Containers must be classified as Crololp I Containers and bear label
. instructions stating that small quantities of the c:ontalners may be burned In
open fields by the ...ser of the pesticide when such open burning Is permitted
by State and local regulations.
(c) The quantity of cDntainers to be burned each day per parcel treated
shall not exceed the amount ac:cumulated during one day's use of pesticide. No
more than 500 pounds of pesticide eontalners shall be burned per day at any
specific location. If more than one fire is to be set in any 41rea each
spec:ific burning Ioc:atlon shall be 41t leas t 1.000 yards from each other loca-
tion at which burning will oc:cur concurrently.
(d) All Croup I Containers which are to be disposed of by open burning
shall be completely empty and free of residual material pursuant to the
following criteria:
1. Plastic containars inCluding Inner liners shall be triple rinsed ...ith
the same kind of solvent used to dilute the spray mixture in the fleld. The
rinse liquids from the containers shall be added to the spray mixture In the
field.
2. Paper c..ntalners shall be emptied by a final shaking and tapping of
the sides and bottom to remove clinging particles. All loosened particles
shan be added to the'spray mi;<ture or application In the fleld.
(e) -The open burning shall m..t the following conditions:
" The open burning does not produce smoke. soot, odors, visible
emissions, heat, flame, raeiatlon, or other conditions to such a de;ree as to
create a nuisance.
17-5.090(3) -- 17-5.090(6)(e)l.
10-20-16
.
DER 1916 OPEN BURNING AND FROST PROTECTION FIRES 17-5
2. The open burning Is two hundred f..t or more away from any farm
workers or oc:c:upied buildIngs and is one hundred feet or more away from any
public: road. .
3. The fire is ignited after 9: 00 A.M. and Is extinguished one hour
before sunset of the same day.
II. The person responsible for the burning is In attendanc:e at an upwind
location from the fire for the entire period of the burn (until all flame and
smoke have dissipated).
S. The open burning is not prohlblMd by any loc:al, c:ounty; munlc:lpal, or
other governmental rule, regulation. la";, or ordlnanc:e.
6. Prior authorization Is obtained from the Division of Forestry, unless
the open burning Is enc:losed in a nonc:ombustlble container or ground excava-
tion c:overed by a metal grill.
Specific: Authority: 1103.061, F.S,
Law Implemented: 1103.021, 403.031, 403.061, F.S.
History: New 7-1-71, Amended 1-11-82, 10-10-82, 7-30-8S, 10-20-86. Previously
numbered as 17-S,09.
17-5.101 E "eet/ye Data. This chapter, unless otherwise sped fled ,
shall become effec:tlve July I, 1971.
Specific: Authority: 120.041(6J, F.S.
Law Implemented: 120.041(6). F.S.
. History: New 7-1-71, Previously numbered as 17-S.10.
17-S.090(6)(e)2. -- 17-S.100(Hlstory)
10-20-11
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BLOWER AIR MANIFOLD
HEAD i
BURN
-- - TRENCH
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.TOP VIEW I
BLOWER ,
MAXIMUM HEIGHT ~ ,
OF BURN PILE ,I
-- - i
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.. TRENCH BELOW \
GRADE I
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RECIRCULA llNG AIR STREAM f--N.t....,... ~"'-T
PATTERN (TYP) 11,1
MAXIMUM HEIGHT \
OF BURN PILE
-- -
BLo.WER'- ,
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TRENCH ABOVE
GRADE
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I~~~"~~~' SIDE VIEWS
FIGURE 2A-1 GENERALIZED BURNING
OCT - 7 1~~7 METHOD SCHEMA TIC
Division 01 Eli ,;IRI
HEALTH tI.....';_.LNT 2A-3
[m] ,
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. 71.,.,.. . 'F ~! ~,"-'
'i " "'..:~":
----~"._,_ '~.:, .2~ _:,~ ,:-:.,) ',~
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A~PL!CATION rOR O~tN aURNING ~OR COMMERCIAt tANO C~ZAR!NG O~eRATIONS
The app~oval ot an open burninq applicaCion is depend~nt upon Che
evaluaCion by this Aqency ot Che poCential environmen~al deqradation
and ot che etteccs on Che public. This ap~~oval can be withdrawn o~
application can be denied it che ~alm aeach County Kealch
Oeparcmenc's auChori:ed aqent deems such action necessary in che
public's interesC. ~lease noCe Chac che Cepar~~ent also has the
auChoricy Co de!ar or suspend open ~urnin9 i! it is creatinq a
nuisance,
The ~alm aeach Councy Healch Oepartment a~ministers open burninq tor
land clearino purposes only. Open burninq incidencal to aqriculcural
and s.Ll"lCuleu~al acei'lities is administered by the S'-aee ot florida
Oepart~ent ot Aqriculcural and Consumer Services, Civision of
corest.:y.
ay completinq the followinq checklist, you will be able Co determine
i! your applicacion for approval of open burninq meets requlatory
'conditions at Chapte~ l1.5 ~lo~id. Administrative Code. This
chec~list is provided to save you cime and unnecessary expense.
~lease ?e~torm this self-check befo~e completinq your application.
'{es No
TT TT l. Cees the material to be burned consi.t only of
veqeea tion that has been cl.a~ad fro~ the burn site?
.
( ) ( ) 2. Are th~ burn piles tree of ti~es, ~ubber material,
aunker C residual oil, asphalt, root""q material,
tar, ~ail~oad cross ties, other creo:oted lumber,
retuse, clastics, garbaqe or other trollsh?
. --
( ) ( ) 3. Is the p~oposed burn sit. one hundred (1Il" ) fee~ "r
more from any public hiqhway ~r rOAd?
( ) ( ) 4- Will the proposed burn site meet one ot the
followinq setback raGuiraments? l). eme chousand..
(l,II"") feet o~ "'ore from any o':cupiad buildinq; 2) .
Three hundred (JI1\I) feet or mor'! trom ..ny occupied
buildinq if an Air Curtain Incinllra t:l' is u:led.
( ) ( ) 5. Wi II the burn be iqnitad after 9:1111 Am and be
completely extinquiShed one hour before sunset?
( ) ( ) G. Will the burn be under Che constant !u~ervision ot a
compecent pe~son wno has the ,neans 1I"ai Lable to
quickly extinquish the ~i~e?
( ) ( ) 1. Is the m.terial to be burned dry so as to minimi:e
air pollution?
These are the major quidelines used in the in~pection of a proposed
burnsite. A neqative ~nsw.r to any Ot the ~raceedinq questions will I
result in the denial ot your 5P[?t it;ation.
!his is to certity that r will comply ~ith the :equl~~~ry ~onditions
eo~ open burninq identi~ied in ~he acove checklist.
"Eee Raverse ::iide" Si~a~.Te Ot Appli~:
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Cnca cha seI.f~ I..s ~li.she:i, CCIIIplaced er.. ~
appllt'''~,"""f=, filli:lg 1.."\ ~ ie_.
A f.., as shewn below in che Eee schedule, ttuse .,......,,9t\Y all app-
llc.acials for open~. 'this EM I..s re<jUinc1::o claf:ay ~u
incI.Il:l:'tli in pufC'Clling prcfesaional ser.n.cas necassicacad by the
accicrlS of privaca enterpd.se. FInds coUecced Eor saiQ suviC8S an
ncn-t'8fun:!abla. Ole:ks shculc1 be IIIIda payabLe ::0 the Palm !each Ca:\cy
Hulen~. Recum cha callPlec:aC appllcad.cn ::0 ehe Palm Beac.'t
CalEICy HeaLen OeputIIlInC, D1visia1 of 1::lv1rorImnc:al Sd.encas ani
~. 90t Evemia Stnet::, Wase Palm Beach, Ft.. 3340t
.
Open Ba.:ni:li Sica Evaluac:icn ree ScheCuJ,e
A. Lesa than SO acres for each paral c:.le&nli '$60.00 **
a. 30-100 acres for each pa;:cel c:.leand. $100.00 **'
C. Grucer than LOO ace Eor each parcal c:.leand $150.00""* .
_ Open ~ activities tll&c are ccn:lu:tl!d off site shall be assuseQ
for each parcel of Lmi ::.'l&c is c:.leand.
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~.~~1 !E~C:-i :O:':~l':'! ;J-" .'" :t~,'~~~!:i7
..~...'.
.~;9c.=C;"':':O:t :~R 01l;::1 atJll~::IC
?A=':1 a ,,,Cif C:tJ:I-:-', ::~':J: ;to:IM!::l"!'A&. C~ ~JT~C C. OllO:~;;IlC': 1i-3,
.:.s .~~!::= t:: ; <::iA;':tit 1.7-S :tORt~A ^':MI~ ~ S-:'3'A -=:~n: coco:
"._-.
.......:..
::.=- ~- ;:e:5.:n ::a:<:.::.; a"pli:a~i::1
~-
.;~=:..ss ,
:~,:v :~~ c:::c. -:-.lephol\.
:-~. o~ =us:.~.ss ~. a<:~~ 'li:7
~-
:.s.::=i~e:.::'l o~ ::Ia::.::~als :0 =. =t.:=~e<!
Ix....:: :c=a:i ::: o~ ::::;osec :~::'! . C~'le se:..e acc:.ss AI\C A 1\:.'
. ' , ':0 aic ~.. - ~i.ld ;:.=sonnel . - lOC:J1::i:lti :.~. si:..
:.:.C~:':MS ~. ...
,
~l.:=b.:, o! Acres Cl.a:'.~ .
.:'.;;: : ~ :a:t:3 si;:"1.:~:.:
~ : ~ iQlJ: .~p:~.:.aci=n is .p=,:=v~ , :to I.: w" , :.eai'le 4:l .l!il!ill:o':ll
---
:.,::.=, '~:~.:''''':'S. Y-:fJ OJ:' :: ~. ~,=:.:.'=:...c 0: c~is .l.c;el\<:"J I s :.ascns !::
.;;=t~~. ~:':; ::t.:=-a~9:i:a:i=n.:
.
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... ~>;~} ~yi. j;:'.'.~<r1~~
u ,
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0RD1NANCE NO. 24-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, 1>.MENDING TITLE XVII" "LAND
-USAGE", CHAPTER 173, " ZONING CODE", "Ol"F-STREET
PARKING", SECTION 173.772, "DESIGN Jl.ND LANtlSCAPING"
, ,
SUBSECTION 173. 772(B), "PARKING SURFACES Jl.ND
DRAINAGE", BY AMENDING PARAGRAPH 173, 7721.B)(1), TO
PROVIDE THAT PARKING LOTS Jl.ND PARKING SPACES FOR
HISTORIC SITES OR WITHIN HISTORIC DISTRICTS MAY BE
:MPROVED WITH SURFACE MATERIAL OTHER THAN PAVEMENT,
WHERE THF.RE ARE TWELVE OR LESS PARKING SPACES,
SUBJECT TO APPROVAL BY THE HISTORIC PRESERVATION
BOARD; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XVI!, "Land Usage", Chapter 173,
"Zoning Code", "Off-Street Parking", Section 173.772, "Design and
Landscaping", Subsection l73,772(B), "Parking Surfaces and Drainage", of
the Code of Ordinances of the City of Delray Beach, Florida, be and the
same is hereby amended, by amending Paragraph 173.772IB)(1), as follows:
(E) Parking Surfaces and Drainage.
(1) All parking lots and parking spaces, including car
storage and display areas shall be improved either with a
pa,ved surface meeting Engineering Department standards or
wit,h a hard surface material (such as brick or turf block
on a base course laid in accordance with approved manu-
facturer's recommendations), or wi th some other type of
surface material acceptable to the City Engineer,
Parking lots and parking spaces on Historic Sites or
within Historic Districts may be improved with a surface
material other than pavement, where there are twelve or
less parking spaces, subiect to approval by the Historic
Preservation Board,
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 effect the validity of the remainder hereof as whole
or part thereof other than the part declared to be invalid,
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 ten
(10) days upon its passage on second and final reading,
PASSED A.~D ADOPTED in regular session on second and final
rCdding on this the ____ day of , 1989,
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading ,(
MEMORANDUM
TO: WALTER 0, BEI~YZA:ER <. _
FROM: FRANK R. SPE CE - DIRECTOR, DEVELOPMENT SERVICES
SUBJECT: PROPOSED ORDINANCE 24-89 - PERMITTING PARKING LOTS IN
HISTORIC DISTRICTS TO USE SURFACE MATERIAL OTHER THAN
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PAVEMENT
DATE: APRIL 6, 1989
BACKGROUND:
Currently, Section 173,772 of the City's Code of Ordinances
requires the City Engineer's authority to approve parking
surfaces for all driveways and parking lots,
A few months ago the City Commission reviewed the site plan of a
project by Christopher O'Hare on Swinton Avenue in the Historic
Preservation District, At that time, Mr. O'Hare wanted pea-
pebbles to be utilized for his driveway and parking lot, which he
believed to be more in keeping with the historical nature of his
residence. However, the City Engineer required paving of all
driveways and parking lots.
The Commission agreed with Mr. O'Hare's position and indicated
that the ordinance should be amended permitting such use of
alternate materials. The proposed ordinance permits parking lots
and parking spaces in historic sites or within historic districts
to be improved with a surface material other than pavement, where
there are 12 or less parking spaces, subject to approval by the
Historic Preservation Board.
RECOMMENDATION:
It is recommended that the City Commission approve Ordinance 24-
89 on first reading and schedule the public hearing and second
reading on April 25, 1989.
FRS:DQ
F/2
A:PkgLots,CC
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0pnTNANCE NO. 25-89
A.."l ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
!lELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND
USAGE", CHAPTER 173, "ZONING CODE", SECTION 173.060
"ABUSED SPOUSE RESIDENCE" , SUBSECTION 173,060(C),
"SPECIAL REGULATIONS", SECTION 173.062, "ALCOHOL AND
DRUG ABUSE TREATMENT FACILITIES" , AND SECTION
173,066, "FOSTER HOMES AND GROUP HOMES", SUBSECTION
173.066(H), "SPECIAL REGULATIONS", ,)F THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY
REPEALING PARAGRAPH 173.060(C)(2), SUBSECTION
173.01i2(E) AND PARAGRAPH 173.066(H)(2); TO PROVIDE
FOR THE DELETION OF THE 1500' DISTANCE REQUIREMENTS
BETWEEN SOCIAL SERVICE FACILITIES; PROVIDING A
GENERAL 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 XVII, "Land Usage", Chapter 173,
"Zoning Code", Section 173,060, "Abused Spouse Residence", Subsection
173.060(C) . "Special Regulations", of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby amended by repealing Paragraph
173.060(C) (2) in its entirety,
Section 2, That Title XVII. "Land Usage", Chapter 173,
,. Zon1ng Code", Section 173,062, "Alcohol and Drug Abuse Treatment
Facilities", of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended by repealing Subsection 173.062(E) in its
entirety.
Section 3, That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", Section 173.066, "Foster Homes and Group Homes",
Subsection l73,066(H), "Special Regulations", of the Code of Ordinances
of the City of Delray Beach, Florida, is hereby amended by repealing
Paragraph 173,066(H)(2) in its entirety,
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 deci-
sion shall not effect the validity of the remainder hereof as a whole or
a part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in
conflict herewith be the same and are hereby repealed,
Section 6, That this ordinance shall become effective
immediately on passage at second and final reading,
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
I/o
MEMORANDUM
TO: WALTER 0, BARRY - CITY MANAG~
FROM: FRANK R. SPENCE -~O:; DEVELOPMENT SERVICES
SUBJECT: PROPOSED ORDINANCE ELIMINATING DISTANCE RESTRICTIONS
BETWEEN SIMILAR USES
DATE: APRIL 6, 1989
BACKGROUND:
A recent request for establishment of social service land use (an
abused spouse residence) brought attention to a code requirement
that there be a distance of 1,500 feet between such similar uses,
The text reads as follows:
"There shall be a (minimum) distance of 1,500 feet, measured from
property line to property line, in air line distance between 1
(such) use and another (same) use, There shall be a distance of
1,500 linear feet.,..between (such) use and any other social
serv ice... inc 1 uding group homes, ACLF's, drug and alcohol
treatment facilities, abused spouse residences, and similar
uses, "
The above is paraphrased from the following code sections:
173,060 (C) (2) Abused Spouse Residences
173.062 (E) Alcohol and Drug Abuse Treatment Facilities
173.066 (H) (2) Foster Homes and Group Homes
COMMENT:
The use of a minimum distance requirement between uses is not a
valid criteria for making land use determinations. It may be an
item/factor which is considered in decision-making, as it may
impact a neighborhood in traffic generation or bringing others
into a neighborhood, However, as an absolute, it is not a good
planning tool. Simply consider that the impact from two "x"
intensity uses is no greater than from one II two x II intensity use.
PLANNING AND ZONING BOARD RECOMMENDATION:
At the regular meeting of the Planning and Zoning Board on March
20, 1989, the Board unanimously approved amending the code to
delete the 1,500 feet restriction,
RECOMMENDATION:
It is recommended that the City Commission approve proposed
Ordinance No. 25-89 on first reading and that pub li c hearing and
second reading be scheduled for April 25, 1989,
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Attachment
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ORDINANCE NO. 26-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE \X, "GENERAL
REGULATIONS", CHAPTER 100, "NUISANCES". OF .THE CODE OF
ORDINANCES OF THE CITY OF DEL RAY BEACH,lif'LORIDA, BY
AMENDING SECTION 100.08(A), "EXTERIOR BUILDING WALLS";
PROVIDING A GENERAl. REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Regulations", Chapter 100, "Nuisances",
Section 100.08(A), of the Code of Ordinances of the City of Delray Beach, Florida, be
and the same is hereby amended to read as follows:
nOO.08. EXTERIOR BUILDING WALLS,
(A) F~ Any building walls visible from the public rights-of-way shall be
maintained in a secureand attractive manner. All defective structural and decorative
elements of such building facade(s) shall be repaired or replaced in a workmanlike
manner, to match as closely as possible the original materials and construction of the
building, All exterior walls shall have all loose material removed and patching or
resurfacing shall be accompliRhed to match the existing or adjacent surfaces as to
materials, color, bond and joining, All cornices, trim, and window frames that are
damaged, sagging or otherwise deteriorated shall be repaired or replaced to be made
structurally sound and all exposed materials painted, stained or otherwise treated in a
consisten t manner,
Section 2, That all ordinances or parts of ordinances which are in, conflict
herewith are hereby repealed.
Section 3, That should any section or provision of this ordinance or any
portion thereof,_any paragraph, sentence, or word be declared by a court of competent
juriSdiction to 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 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 , 198_.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
1'1
MEMORANDUM
TO: WALTER O. BAR~C;.F ~
FROM: FRANK R, SPEN~~I;E';fTOR, DEVELOPMENT SERVICES
SUBJECT: PROPOSED ORD, 26-89 REQUIRING ANY BUILDING WALLS
VISIBLE FROM THE PUBLIC RIGHTS-OF-WAY SHALL BE
MAINTAINED-IN-A SECURE-AN-ATTRACTIV:'E-MANNER- ----- --
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DATE: APRIL 6, 1989
BACKGROUND:
The current code, Chapter 100, "Nuisances", Section 100,08 (A)
requires only that the front of a building visible from the
public right-of-way be maintained in a secure and attractive
manner,
The Code Enforcement Division has come across situations where a
building has at least three (3) sides exposed to the public
rights-of-way and all sides are unattractive, Under the current
code, they are unable to cite the owner for any side except the
front of the building, An example photo of such a situation is
attached for your review,
The proposed amending ordinance would require any building wall
visible from the public rights-of-way be maintained in a secure
and attractive manner,
RECOMMENDATION:
It is recommended that proposed Ord, 26-89 be approved on first
reading and that the public hearing and second reading be held on
April 25, 1989,
FRS:DQ
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I' 'JRDINANCE NO, 27-89
! AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
'I DE:'RAY BEACH, FLORIDA k'lENDING TITLE XIII, "GENERAL
"
II OFFF.NSES", ADMINISTRATION AND ENFORCEMENT", CHAPTER
il 165, "UNSAFE BUILDINGS", SECTION 165.33,
: "INVESTIGATION; NOTICE", BY AMENDING SUBSECTION
II 155,33 ( C), TO PROVIDE FOR ADVERTISEMENT OF NOTI CES
II OF HEARING FOR UNSAFE BUILDINGS, WHENEVER CERTIFIED
i, AND! OR FIRST CLASS MAIL IS RETURNED UNCLAIMED OR IS
II UNDELIVERABLE; PROVIDING A GENERAL REPEALER CLAUSE;
Ii PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
ii DATE.
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, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
ii CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS;
I
ii Section 1. That Title XIII, "General Offenses,"
I' "Administration and E;lforcement", Chapter 165, "Unsafe Buildings",
, Section 165,33, "Investigation; Notice", of The Code of Ordinances of
I theCity of Delray Beach, Florida, be, and the same is hereby amended by
! amending Subsection 165.33{C), to read as follows:
'I
II (C) The notice shall be served either personally or by a
'I dual service of certified or registered mail, return receipt
II requested, and postage paid first class mail ::0 each person :
II required to receive notice at the address as it appears on the
I official public records or any other address as is known by the
I, building official to be the address of the record owners. If
addresses are not available on any person required to be served
the notice, the notice addressed to that person shall be mailed to
the address of the building or structure involved in the
I proceedings. Notice to tenants shall be by post.ing the premises.
The failure of any person to receive notice, other than the owners
i of record, shall not invalidate any proceedings ; under this
i chapter. Service by certified or registered mail as herein
described shall be effective on the date the notice was received
as indicated on the return receipt, Where notice is not received
by certified or registered mail or personally, the notice shall be
effective the date cf first class mailing as described herein.
Whenever such certified, reqistered, and/or first class mail is
returned unclaimed or is undeliverable. the City shall provide
notification of the Declaration of Unsafe Building by advertisement
in a newspaper of general circulation in the City at least seven
(7) days in advance of the hearinq on the Notice of Unsafe
Building.
I
Sect, ion 2, That all ordinances or parts of ordinances !
which are in conflict herewith are hereby repealed, i
,I Section 3. That should any section or provision of this I
! 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.
I Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
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PASSED AND ADOPTED in regular session on second and final !
reading on this the day of 1989. '
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II MAYOR
I ATTEST:
City Clerk
First Reading J g
'::~:::C)nd Rea:1ing
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MEMORANDUM
TO: WALTER 0, BARRY - CITY ~_ER ,
FROM: FRANK R. SPE~R~C~OPMENT SERVICES
SUBJECT: PROPOSED ORD. 27-89 AMENDING CODE TO PROVIDE FOR
NOTIFICATION OF THE DECLARATION OF UNSAFE BUILDING BY
ADVERTISEMENT IN A NEWSPAPER - -
DATE: APRIL 6, 1989
BACKGROUND:
The Code Enforcement Division has identified a problem when they
are unable to notify a violator by certified mail, This includes
the delivery of a Code Enforcement Board order which imposes a
fine for non-compliance upon a violator,
The Code Enforcement Division is required to serve the Notice of
Non-Compliance by certified mail and if that fails an attempt is
made to hand-deliver said notice to the owner.
However, under the Code of Ordinances, Chapter 165, Unsafe
Buildings, there is no written provision for providing notice by
publication.
Proposed Ord. 27-89 provides that when such certified or
registered mail is returned unclaimed or is undeliverable, then
the City will provide such notification of the Declaration of
Unsafe Building by advertising in the newspaper of general
circulation in the City at least seven (7) days in advance of the
hearing on the Notice of Unsafe Building,
RECOMMENDATION:
It is recommended that the City Commission approve Ord. 27-89 on
first reading and schedule the public hearing and second reading
for April 25, 1989,
FRS:DQ
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[ITY DF DElRAY BEA[H
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CITY ATTORNEY'S OFFICE 310 S.L ).,\ STRU'T, SUITE 4 DELRA Y BEACH, FLORIDA 33483 305/243-7090
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MEMORANDUM l\.~L~J tiED
MAR 30 1989
;)ate: March 28, 1989 CITY MAN" -R"
. ItlJt ~ OFFICE
To: ci ty COlronission
Walter 0, Barry, City Manager
Frank Sp~ncc, Director of Development Services
From: Herbert, W. A_ Thiele, City Attorney
SUbject: RECEIPT OF FINAL DRAFT OF LAND EXCHANGE AGREEMENT
BETWEEN CITY OF DELRAY BEACH AND OCEAN PROPERTIES
At long last the City Attorney's Office is in receipt of the
final draft of the Land Exchange Agreement between the City of
. Delray Beach and Ocean Properties with regaJ;d to the "swap" of
the properties in the vicinity of the Camino Real Hotel and for
the use by the City as the site of Fire Station No, 2,
You will note that the only additional materials that we are
awaiting are the title commitments. as well as listing the
amount of the title commitments in the document on Page 2, plus
the permitted exceptions,
In ant.icipation of the early receipt of these additional
matters, it would be appreciated if these documents could be
executed by the appropriate City officials and returned
directly to Alan J, Ciklin, the attorney for Ocean Properties
at your earliest convenience for execution by the
representatives of Ocean Properties, Limited.
You will note further that the agreement is Subject to certain
conditions being satisfied within 180 days from the effective
date of the agreement (the date when Ocean Properties has also
executed same) , We also need to provide to Ocean Properties
the description of the site plan of the parking lot which is to
be constructed by Ocean Properties.
If you have any questions concerning this matter, please
contact the City Attorney's Office,
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Attachment
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!..:.:. if.' ./00 ( ,
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LAw OF'F'ICES
BOOSE CASEY CIKLlN LUBITZ MARTENS McBANE a O'CONNELL
A PARTNERSHIP INCLUDING PRorESSIONAL. ASSOCIATIONS
BRUCE G. ALEXANDER LYNDA .J- HARFlIS. P. A.
rLETC....ER N. BALDWIN. m DANIEL A. ....ERS....M...N PHILL.IP D. O'CONNELL. SR. (1907-1liil87)
.JERALD S. BEER DEBRA.... .JENKS -
WILLIAM R. BOOSE. m. P. A. BRIAN B. ...rOSL.YN
,JOHN D. BOYKIN BRIAN T. KING or COUNSEL.
PATFlICK,J. CASEY. 1=>. A. CH"'FlLES A. LUBITZ. P. A. "'L"'N ...r. FlOG EFlS
ALAN ,J. CIKLIN, P. A. FlICHAFlD L. MARTENS, P. A, -
CORY..J. CIKLIN LOUIS R. MeBANE. P. A. NORTHBRIDGE TOWER I . 19TH F'LOOR
MICHAEL W. CONNOFlS CLAUDIA M. MeKENNA 515 NORTH F'LAGLER DRIVE
ROBERT L. CRANE, P."'. BRIAN M. O'CONNELL, 1=>. A. P. O. DRAWER 024626
e. ..JEANE CRIPPEN PHIL D. O'CONNELL, ..JR., P. A. WEST PALM BEACH, FLORID.... 33<402-<4828
F'REDRIC E. EPSTIEN CARl A. PODESTA
MICI-IAEL M. GF'ESSER ..JULIEANN RICO TELEPI-IONE (407) 832-5900
L.EE e. GORDON STEPHEN L.. SHOCHET TELECOPIER (407) 833-4209
MICI-IAEL D. GORDON.P.A. SAMUEL A. TI-IOMAS I
MIKEL. D. GREENE SUSAN WILLIAMS
DONALD 1-1. GUSTAF'SON
r..~,:; .
7 March 1989 _(~~cg~V~~N:___
Cily ;...!t'\.-'!'":I'::/'~' c.~;:~.':~
Cily or L){dn~~v i?h1'._~~:
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Herbert W, A, Thiele, Esquire
De1ray Beach City Attorney
310 Southeast First Street
Suite 4
, De1ray Beach, Florida 33483
Re: Land Exchange/Ocean Properties
Dear Herb:
Please find enclosed four (4 ) original copies of the Land Exchange
Agreements with the proper exhibits, except for the permitted exceptions,
which will be forthcoming, If the Agreement, the form of which has
already been approved, is acceptable, please have the appropriate
party within the City execute it and return it to me for my client's
signature. As soon as the title commitments are ready, I will forward
them on to you, In addition, I will forward copies of the permitted
exceptions, as well.
If you have any questions or comments, please don't hesitate to call me.
,-
Ciklin
AJC/ag
Encl.
cc: Tom McMurrain
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LAND EXCHANGE AGREEMENT
THIS AGREEMENT, made this day of ,l988, by
and between OCEAN PROPERTIES, LTD., a Florida limited partnership,
with its principal place of business at 8132 West Glades Road,
Boca Raton, Florida, 33434 (hereinafter referred to as "Ocean
Properties" ) and the CITY OF DELRAY BEACH, FLORIDA, having its
principal place of business at 100 Northwest 1st Avenue, Delray
Beach, Florida, 33444 (hereinafter referred as "Delray" or the
"City").
WIT N E SSE T H :
1. Description of Ocean Properties Parcel. Ocean Properties,
in consideration of ONE DOLLAR and OO/lOO ($1.00) paid, the
receipt of which is hereby acknowledged, and other good and
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valuable considerations, and of the conveyance by Delray hereinafter
agreed to be made, hereby agrees to convey to Delray that certain
real property located in Palm Beach County, Florida as more
particularly described on Exhibit "A" attached hereto (hereinafter
referred to as the "Ocean Properties Parcel").
2. Description of Delrav Parcel. Delray, in consideration
of ONE DOLLAR and 00/100 ($1.00) paid, the receipt of which is
hereby acknowledged, and other good and valuable considerations,
,
and of the conveyance by Ocean Properties hereinbefore agreed to
be made, hereby agrees 'to convey to Ocean Properties that certain
real property located in Palm Beach County, Florida as more
particularly described on Exhibit "B" attached hereto (hereinafter
referred to as the "Delray Parcel").
3. Resultinq Properties. As a result of the conveyances
of the properties between the ipart; eR described in Paragraph 1
and the combination with existing holdings, Ocean Properties'
total property is described on Exhibit "Co. These properties are
referred to herein ~s Ocean properties' holdings.
4. Propertv Value. For purposes of this Agreement the
value of the Ocean Properties Parcel shall be deemed to equal the
value of the Delray Parcel.
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5. Closinq Date. This transaction shall be closed ana the
deeds and possession shall be delivered within thirty (30) days
following satisfaction of the Conditions Precedent set forth in
Paragraph 10 hereof. The closing shall take place at the offices
of Delray's attorney or at such other place in Palm Beach County
as Delray may specify.
6. Evidence of Title.
On or before sixty (60) days following the effective
date of this Agreement, Ocean Properties shall deliver to Delray,
at Ocean Properties' expense, a title guaranty commitment (together
with copies of all exceptions listed therein) in the amount of
$ issued by a title insurance company acceptable to
Delray, agreeing to issue to Delray upon the recording of the
deed heretofore mentioned, a title insurance policy in the amount
set forth above and insuring Delray's title to the Ocean Properties
Parcel. The title commitment shall make no exceptions except
those agreed to by Delray and set forth in Exhibit "D" hereto,
In addition, on or before thirty (30) days following the effective
date of this Agreement, Ocean Properties shall provide at its own
expense, a title guaranty commitment (together with copies of all
exceptions listed therein) in the amount of $ , agreeing
to issue to Ocean Properties upon the recording of the deed
heretofore mentioned, a title insurance policy in the amount set ,
forth above insuring Ocean Properties' title to the Delray
parcel. The title commitment shall make no exceptions except
those agreed to by ,Ocean Properties set forth in Exhibit " E"
hereto.
If the title commitment for either the Ocean Properties
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parcel or i:h~ D..luIY parceJ. contains encumbrances or title
defects other than those referred to in Exhibits "D" or " E"
subject to which the parcels will be conveyed, (except that the
parties hereto agree that any matter which shall be discharged at
closing shall not be considered an encumbrance or title defect
for the purpose of this Paragraph), the party insured by such
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commitment shall have fifteen (l5) days from receipt of the
commitment to notify the issuing party of its objections to such
additional encumbrances or title defects. If such notice is not
given within such fifteen (15 ) day period, the insured party
shaH be conclusively deemed to have waived all defects in, or
encumbrances on the title to the premises insured except such as
may occur subsequent to the effective date of the commitment. If
the insured party shall give valid notice of defects or encumbrances,
and if said defects render title unmarketable or otherwise not
agreed to hereunder, the issuing par ty shall have ninety (90 )
days from receipt of the notice to cure such defects. If after
said period the defects shall not have been cured, the insured
party shall have the option of: (1) accepting title as it then
is; or (2) terminating this Agreement whereupon each party shall
be released from all further obligations under this Agreement.
7. Survev. Either party hereto, at such party's expense,
within the time allowed to deliver the evidence of title and to
examine same as set forth in paragraph 5 above, may have the
Parcel which such party is to receive surveyed and certified by a
registered Florida surveyor. If the survey shows any encroachment
on the Parcel, the Same shall be treated as a title defect.
8. Stamps and Recordinq. Ocean Properties shall pay for
the state documentary stamps to be affixed to the deeds required ,
herein and the cost of drafting and recording any corrective
instruments required herein. The cost of recording the deeds
shall also be paid by Ocean Properties.
9. Documents for Closinq. The attorney or other agent
for Ocean Properties shall prepare the deeds, closing statements
and affidavits of liens and parties in possession for both
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parties. Copies of the closing documents shall be provided to
Delray's attorney for review and approval at least ten (lO) days
prior to the scheduled Closing date.
10. Conditions Precedent to Closinq. This Agreement is
subject to and conditioned upon the following conditions precedent
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being satisfied within one hundred eighty (180) days from the
effective date of this Agreement:
A. As to the Delray Parcel, the imposition of a land
use restriction by Oelray in a form acceptable to Delray restricting
the use of such property for the purpose of hotel and conference
center development and accessory uses in conjunction with the
existing hotel complex located on Ocean Properties' hOldings.
Any such land use restriction may be recorded in the public
records by Delray, in their sole discretion, and shall be a
covenant running with the land and such land use restriction
shall not be considered a title defect or encumbrance. This land
use restriction shall be released by the City on issuance of a
Certificate of Occupancy for the hotel expansion, providing the
Conditional Use Approval limits the use to hotel and acessory uses
only.
B. As to Ocean Properties' holdings, Ocean Properties
at their expense shall obtain conditional use approval for the
expansion of the existing hotel with accessory uses. It is
acknowledged by the parties herein that certain variances from
the City's Ordinances may be required in order to permit the
contemplated expansion of the existing hotel complex. Any
variances which may be required for said expansion shall be
applied for and shall be at the expense of the City, however,
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Ocean Properties shall cooperate in said applications and shall
provide the City with any information Ocean Properties may have
in its possession in order to obtain said variances.
C. In the event any of the foregoing conditions
precedent are not filled within one hundred eighty (180) days of
the effective date hereof, this Agreement shall be terminated and
both parties hereto shall be released from all further obligations
under this Agreement unless the parties mutually agree to extend
this Agreement in writing. The City agrees to use its best
efforts to expedite all approval processes required herein.
11. Post Closina Reauirements. By execution hereof, Ocean
Properties acknowledges and agrees that it shall be responsible
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at its sole cost and expense for the commencement and completion
of the fOllowing matters following the closing vf the property
exchange set forth herein:
A. To construct a parking lot on the Ocean Properties
Parcel in the location and in the manner designated by Delray,
and in substantial conformity to the site plan referred to as
, concurrently with the development of the Delray
Parcel.
B. To demolish the existing fire station located upon
the Delray Parcel immediately upon notification by Delray that
the fire station to be constructed upon the Ocean Properties
Parcel has been completed and occupied;
C. To design and construct the retaining walls
necessary for the East and South boundaries of the Ocean Properties
Parcel; and
D. These requirements shall be completed on or before
completion by Ocean Properties of the hotel expansion and shall
be a condition precedent to the issuance of a C.O. for the hotel.
Ocean Properties shall provide general liability insurance in an
amount acceptable to the City during the construction period of
these requirements. The City shall be added as an additional
named insured on Items 11 A, B, and C.
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The provisions of this paragraph shall survive closing,
12. Soil Tests and Other Inspections. Each party hereby
grants to the other, its agents and representatives a license to
enter on its respective Parcel for the purposes of conducting any
soil tests, engineering reports, or other inspections or tests on
such Parcel. If within thirty (30) days of the effective date of
this Agreement, such tests indicate the presence of unusual soil
,
conditions on either parcel which would prevent or seriously
hinder the immediate development of such Parcel as contemplated
herein, then the party to receive title to such Parcel in accordance
with the terms hereof shall have the right to cancel this Agreement.
To the extent permitted by law, and as to Delray to the limits set
forth in Florida Statute ij768.28, each party agrees to hold the
, 5
other harmless from any damage ar ising from tests conducted or
requested by such party and further, agrees to pay all the
contractors and workman performing the tests and to permit no
liens or encumbrances to be created on the Parcel as a result
thereof.
13. Prorations. Taxes, assessments, and all other
expenses of the Parcels, shall be prorated as of the date of
closing. Taxes shall be prorated based upon the current year's
tax with due allowance made for maximum allowable discount. If
the closing occurs on a date when the current year's taxes are not
fixed, and the current year's assessment is available, taxes will
be prorated based upon such assessment and prior year's millage.
If the current year's assessment is not available, then taxes will
be prorated on the prior year's tax. However, any tax proration
based on an estimate may, at the request of either par~y to the
transaction, be subsequently readjusted upon the receipt of the
tax bill.
14. Special Assessment Liens. Certified, confirmed and
ratified special assessment liens as of the date of closing (and
not as of the effective date hereOf) are to be paid by the party
conveying the Parcel against which such special assessment lien
has been filed. Pending liens as of the date of closing shall be
borne by the party conveying such Parcel. ,
15. Brokers. Each party hereto represents to the other
that there are no real estate brokers involved in this transaction.
Ocean Properties agrees to indemnify, hold harmless, and defend
Delray from the claims of any real estate broker claiming to have
dealt with Ocean Properties.
16. Notice. Any notice, request, instruction or demand to
be given hereunder shall be hand delivered to the other party
hereto or mailed by certified mail, return receipt requested,
with postage prepaid at the address set forth below or at such
addresses as the parties may hereafter specify in writing to-wit:
As to Ocean Properties:
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Ocean Properties, Ltd.
8132 West Glades Road
Boca Raton, Florida 33434
Attention: Tom McMurrain
Copy to: Alan J. Ciklin, Esquire
Boose, Casey, Cik1in, Lubitz
Martens, MCBane & O'Connell
515 North Flagler Drive
Suite 1900
West Palm Beach, Florida 3340l
As to Delray:
City of Delray Beach, Florida
100 Northwest First Avenue
De1ray Beach, Florida 33444
Attention: City Manager
Copy to: , Herbert W.A. Thiele, Esquire
City Attorney
310 Southeast First Street
Suite 4
De1ray Beach, Florida 33483
17. Attornev's Fees and Cost. In connection -with any
litigation arising out of this Ag reement, the prevailing party
shall be entitled to recover all costs incurred, including
reasonable attorney's fees, at trial and all appellate levels.
18. Entire Aqreement. This Agreement sets forth all the
promises, covenants, agreements, conditions and understandings
between the parties hereto and supersedes all prior and
contemporaneous agreements and understandings, inducements or
conditions and shall be binding on all Successors in interest to ,
this Agreement.
19. Effective Date. The effective date of this Agreement
shall be the date when the last one of Ocean Properties and
De1ray has signed this Agreement.
20. Governinq Law. This Agreement shall be governed by the
laws of the State of Florida a~ now and hereafter in force. The
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venue of any litigation arising out of this Agreement shall be
Palm Beach County, Florida.
21. Land Exchanqe Resolution. This Agreement may be made,
at Delray's sole discretion, an attachment to any Resolution
adopted by De1ray which authorizes the land exchange described
herein.
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IN WITNESS WHEREOF, the parties hereto have set their hanas
and seals the day and year first above written.
Signed, sealed and OCEAN PROPERTIES, LTD.
delivered in the
presence of:
By:
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
Attest:
City Clerk
Approved as to form and
1e9a1 aUfflCle~CY' ~
BY:(~C.'
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and the County aforesaid,
to take acknowledgments, personally appeared ,
the of Ocean Properties, Ltd., to me known
to be the person described in and who executed the foregoing
instrument and who acknowledged before me that he executed same.
WITNESS my hand and seal in the County and State aforesaid ,
this day of , 1988.
Notary Public
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and the County afor~~~id,
to take acknowledgments, personally appeared ,
the Mayor of Delray Beach, Florida, to me known to be the person
described in and who executed the foregoing instrument and who
acknowledged before me that he executed same.
WITNESS my hand and seal in the County and State aforesaid
this day of , 1988.
Notary Public
My Commission Expires:
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CJ(HJ8/T "Au we t/; 'y ~ jZ) C4~
DESCRIPTIO N
PAR CEL 1
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A Parcel of land beinS I pation of Or!ilnlll Lots 13, 1'1l .\
15, OCEAN BEACH SOBI>IVISIOIl, Seotion 16, T1l6S, R1l3!, ,l>e1/'ay
Beach, Palla Beach County, Florida, more 'Part:tcularly "
da"c~d u rellow,,: I
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Com m.ne1n& at. the 1ntersectl.on of the oenter J1n. of Atlantto
A vel'Lle and the Eat: R1aht-ot- W ay J1n. cr' A ndr. w. A v.l1.I.
, exwnded, th.nc. With' .said East R1&ht-oot'-WI)' J1n, HortJlerly
612,83 reet to the HortJl Un. ot' the South' Halt (S 112) or
Or1glnall.ot 131 thence With an 1ntel'ior InsIa to thelett of ,
89 degree.s 117'30". 153.00 reet aIpil&aa1d H~ &J..ot' the
South H &j! (S 112) or OrJ.g:lna1, 1.ot 13,1n .n Easterly. .
d1r.et1on to the PQ!.nt: or Bei1nn1nSI th.ne. cqh~u1n, alens
, .said II 0I"th Un" 3111.95 feet 1n en Ea.sterly 'cf1r.ction to the
West R1aht-ot-Way Une ot' Oo,en B~Var<l (S.':R. AlA), thence
With en 1nter1or anile to the JAltt 9f 8' degree.s 18' 07", '
57.66 reee 1n I Southerly dhot1on Ilons'lI1cI Wut Right-ot-
, Way 11ne, th.nee \11th In1nter1or Ih&1a to', the,left ot' 98 . ,
degrees 41' 53". 306.02 tltt:1n I WesterlY. d1reotl.onl thence
with In 1nter1or angle to 'the left of 90 desr'u, 12' 30",
57.00 feet 1n a II crtnl1'ly d1reotl.on to the Paint: of
B.s1lln1ns, cenb1n1nS 0.406 acres. lIIC11"e or less.
,
AND
;J';1,t'tJE I. . Z. .
~ P.re~l of land o.1n, a port1on of Or~l!n&l ~Q~I 13.
14 & 16, OCEAN BEACH SUBDIVISION, S'Q~ion is, 1466,
R43E. D~l~ay Btaoh, Palra B.aoh' County, Florida, DlO l'fI
partloularly described .s ~ollow,:
. .
Comra.nolni at the 1nter&eetion,ot, the, ~.nt.r line ot
Atlant1c Avenue' and the ,Eaat R1aht-,ot-Way lLne of
And~_cwl Avenut 6lCtended: ,thenc~' ',w1th' u1d Salt Ri.i'ht-
o~-w.y an. N.or1;bflrbt 476, 27: f~.e~ 'tc~, " the Polnt of
BeginnLn,; thence con~1nu1nB Nor~herl~ alon, aa1d lalt
Rj:sht-of':'Way L1n'. 136: $1.1. teet.',t~;th. K9f~h Une of, the
SQut.h Halt. (S 1/2) ot 'Or1B~na1. Lot 13j., thenoe 1I1t.h an
interior anile to tho htt ',lot 89 delf... ,.,' 30",
153, 00 feet, alon" n1d Nortn Une o'f tho Soutb'Hdt (s
W2) o't'Od,1nal Lott3i ~h'lJo."w1th' an :1nter10r an,l.
to the 1Itt,ot'90 d.,r... .12' 30,~,.,13Si.OO feet 11'1 a
" S~utherbt dh'tctLon; ,thenoe ,111 th . an '1nterior and. to'
' " 1;;1). hft . of 90 ,desreu 00' 00", : 153.. 00 teet 1n a
'.
W.st..rlY'd1~.otion to ~he'Po1nt.'ot Beainnina, oonta1n-
.1HB' 0.479 .crea, Illo're or,l,u,': ...
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OESCR I PTI ON.
The South ~0.00 1eet 01 the North 6S.m0 feet 01 Lot 1S, PLAT OF THE
FRACTIONAL EAST HALF SEC 16 Tp 465, R4~E, .s recorded in Pl.t Book 1,
page 2~ of thv Public Records of P.lm Be.ch County, Florida.
SubJvct to easements, r.str1ct10n5, re5erv.tions, COvvn.nts and
rights-01-wAY of record.
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E X H I B I T C
DESCRIPTION
A p..rc.l of I..nd baing .. portion of Origin..l Lot. 13 through 16. PLAT
OF THE FRACTIONAL EAST HALF SEC 16 Tp 46 S, R43E; ... r.cordMl in Pl..t
Book 1. p..g. 2:5; And ..11 of the PLAT OF SEACREST HOTEL PROPERTY; AS
r.cord.d in PI..t Book 24. p..g. 63; both in the Public R~ord. of P..l.
Be..ch County, Florid..; ..nd being eor. p..rticul..rly describ.d ..s
1011~.
COI'1I1ENCING ..t the inters.ction 01. the cent.rlin. of Atlantic Av.r,ue
(S.R, 806) ..nd the aoutherly .xten.ion of the ....t right-of-w..y line
of Andrew. Av.nu.; thence northerly ..t right ..ngl.. to ...id
c.nt.rline .. distoanc. 01 48." 1..t to the .out~.t corn.r of ...id
pl..t of the S...cr..t Hot.l Prop.rty oand the POINT OF BEBINIIINS;
(1 ) thence north.rly .. di.tanc. of 288.63 ~t;
(2) th.nc. ....t.rly .. di.tanc.~of 11118." f..t,
(3) th.nc. northerly .. di.~..nc. of 58_" f..t;
the thr.. (3) pr.viou.ly d..cribed cour... being coincident with the
....t.rly lin.s of ...id Pl..t;
th.nc. ....t.rly ..long the ....t.rly .xten.ion of t~ north line 01
...id Pl..t .. dist..nc. 01 1811.88 f_t;
thence north.rly ..long the ....t.rly right-01-w..y of Andr.... Avenu. ..
di.toanc. 01 185.64 1_t;
, thence .,ast.rly ..t 90 d.gr... to the ....t fro. the pr.viou. cour.. ..
dist..nc. of 1:53.llllll f..t;
thence north.rly ..t ge d.gr... to the north fro. the pr.vious cour..
.. di.t..nc. of 79.llllll 1..t;
th.nc. ....t.rly ..t 90D 12' :seM to the ....t 1rOlll the norther 1 y
extension of the pr.viou. cour.. .. di.toanc. of 386.82 f..t;
(1 ) thence southerly ..t BlO IB" 87" to the south fr04l the pr.viou.
course .. di.t..nc. of 268,23 1_t to the northe...t corner of ...id Pl..t
01 the s...cr.st Hot.l Property;
(2) thence .outh.rly ..long the ....t.rly line of ...id Pl..t .. di.tanc.
of 234,23 feet to the Point of Curv..tur. of .. curv. conc..v. to the
northw.5t, h.aving .. r..dius of 17.58 f_t And .. centr..l angl. of 870
43' 511"; the two (2) pr.viou.ly de.cribed cour... being coincident
..ith the ...st right-of-...y line of St..te Ro.d A-I-A per Pl..t Book 2m.
p..ge 4;
(1 ) thence southwesterly .nd ....t.rly ..long the ..~ of ...id curva .
dist..nce of 26.80 f..t;
(2) thence ..esterly ..long the northerly right-of-way of Atloantic
Av.nue .. dist..nee of 389.68 1.et to the POINT OF BEGINNING,
5..id land situate, lying and being in P..l. B..ch County. Florid..;
cont.ins 4.64 .cre., mor. or 1o..s; ..nd i. .ubj.ct to ......nt..
rRstrictions, rIPservations, cov.n..nt. .nd right.-of-....y 01 r~ord,
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1989 BOARDS AND COMMITTEES
UPDATED MARCH 31, 1989
BEACH TASK FORCE
(Mayoral Appointment)
Rachel Speicher
Betty Matthews
John McKenna, Chairman
Vacancy
Steven Rubin
Donald Pfeil
BOARD OF ADJUSTMENT
(Three Year Term)
Orig, Orig.
Regular (5) Appt, Expire Alternate ( 2) Appt. Expire
Robin Smith 4/86 3/15/90 Mark David 11/87 3/15/92
Samuel portnay 9/83 3/15/90 Anthony Veltri 11/87 3/15/91
Alvaro Vera 2/84 3/15/91
David Klarer 3/87 3/15/92
Steven D. Rubin 5/84 3/15/92
(Chairman)
(Election of Officers - March 15th Each Year)
BOARD OF CONSTRUCTION APPEALS
(Two Year Term) (9 members)
Orig.
Name Occupation mt'- Expire
Del Swilley General Contractor 1 86 1/08/90
Vacancy General Contractor 1/08/89
Paul Myers Master Plumber 1/86 1/08/90
Larry M, Schneider Architect 11/88 1/08/91
Patrick Keen Master Electrician 6/85 1/08/90
H. Deane Ellis Air Conditioning Contractor 3/87 1/08/91
Richard M, Oldham Sign Contractor 2/87 1/08/91
William Koch III Real Estate Broker 4/87 1/08/91
Richard Sheremeta Engineer, P,E, 5/87 1/08/91
CIVIL DEFENSE DIRECTOR
City Manager
Assistant Civil Defense Director - Fire Chief
CIVIL SERVICE BOARD
(Two Year Term)
Orig,
Name ~ Expire
Leo Kierstein 9 84 4/01/90
K, Howard Wiener 11/87 6/30/90
Milford Ross 1/84 4/01/89
William Brown ** B/88 4/30/89
Barbara Garito ** 4/88 4/30/89
Sandra W, Almy Alternate 7/88 7/01/89
Pamela Tubbs ** Alternate 9/88 4/30/89
** Elected yearly by City Employees for one-year term,
(Election date to be the day immediately preceding
the regular meeting of the CS Board in April each
year) .
~o...y3
Boards and Committe~d - 1989
Page 2
CODE ENFORCEMENT BOARD
(Three Year Term)
Orig.
Regular (7) Position Filling Position Appt. Expire
Tim Onnen Businessperson Layperson 1/89 1/14/9C
Robert J, McDonald Gen. Contractor Gen. Contractor 1/81 1/14/9J
David Cohen Layperson Real Est. Person 7/84 1/14/9J
Joel Port Engineer Engineer 12/85 1/14/9:
Charles Toth Architect Architect 11/88 1/14/9:
Rome Rena Gen, Contractor Subcontr-P1umber 11/87 1/14/9J
Perry DonFrancisco Businessperson Businessperson 9/86 1/14/9:
Alternate (7)
Beri1 Kruger Businessperson Businessperson 11/87 1/14/9J
Samuel DeOto Gen, Contractor Gen. Contractor 10/88 1/14/9:
Dorothy Patterson Real Est, Person Real Est. Person 11/87 1/14/9J
Jean Beer Layperson Layperson 11/87 1/14/9C
Frank Rozzo Subcontractor Subcontractor 10/88 1/14/9C
Vincent A. Voraso Engineer Engineer 7/88 1/14/9J
Dave Bodker Architect Architect 10/88 1/14/9J
COMMUNITY APPEARANCE BOARD
(Two Year Term)
(Two Year Term) Orig.
Regular (5) Occupation Appt. Expire
William F. Wilsher Land-Architect 10/86 8/25/89
J.B. Smi th Layperson 11/85 8/25/89
Virginia Courtenay Layperson 10/84 8/25/89
Mark Marsh Architect 8/88 8/25/90
Kimberly Dellastatious Architect 2/87 8/25/90
(One Year Term)
Alternate (2)
Ann Pearson Layperson 7/88 3/08/90
Richard Eckerle Layperson 11/87 3/08/90
COMMUNITY REDEVELOPMENT AGENCY
(Four Year Term)
Orig,
Name ~. Expire
Kevin Egan 8/9/88 7/9/90
Armand Mouw 7/9/85 7/9/91
Matt Gracey, Jr, 7/9/85 7/9/92
Tom Lynch, Chairman 7/9/85 7/9/89
Jack Duane 7/9/85 7/9/89
Dave Randolph 7/9/85 7/9/89
Leon M, Weekes, Vice-Chairman 7/9/85 7/9/89
DELRAY BEACH DOWNTOWN
DEVELOPMENT AUTHORITY
(Three Year Term)
Orig,
Member (5) ~' Expire
Frank Wheat 5 88 7/01/89
Constance L, Tuttle 9/84 7/01/90
Thomas Smith 1/87 7/01/91
Robert Costin 6/85 7/01/91
Roy Simon 8/86 7/01/89
Boards and Committees - 1989
Page 3
DELRAY BEACH HOUSING AUTHORITY
(Four Year Term)
Orig.
Member (5) ~. Expire
Cynthia A. Gracey 5/88 7/14/90
Eugene Strews 9/85 7/14/90
Rosetta Rolle 7/85 7/14/89
Richard A. Mildner 3/89 7/14/92
Lawrence L, Parker 5/88 10/27/91
Jeanette Slavin 8/88 7/14/90
David Hornsby 7/86 7/14/90
DELRAY BEACH HUMAN RELATIONS COMMITTEE
(Two Year Term) (Not to exceed 14 members)
Member Orig.
(One by each Commissioner) ~, Expire
(Mayor) Vacancy 3/15/89
McCarty (Seat #1) Leonard B. Mitchell 12/88 3/15/90
Brainerd (Seat #2) Richard Brautigan 3/89 3/15/91
Andrews (Seat #3) Robert p, Ferrell 3/89 3/15/90
Weatherspoon (Seat #4) Joseph Valentino 6/87 3/15/91
Member (Nacirema Club)
Vacancy 3/15/89
Preston Wright 11/87 3/15/90
Nadine Hart 3/85 3/15/89
Member (NAACP)
Willy J. Spivey 4/87 3/15/90
Annetta Baldwin 7/86 3/15/90
Clifford Durden 7/86 3/15/90
Member (Chamber of Commerce)
Vacancy 3/15/90
Rusty Rusillo 3/88 3/15/90
Tom Patterson 3/88 3/15/90
HISTORIC PRESERVATION BOARD
(Created by Ordinance No, 13-87)
(Two Year Term after initial appointment)
Orig.
(Three Year Term) Appt, Expire
Clemmer Mayhew, III (V-Chrmn) 6/9/87 6/9/90
David Nathanson 6/9/87 6/9/90
C. Spenser Pompey 6/9/87 6/9/90
(Two Year Term)
David Martin 6/9/87 6/9/89
Vacancy 6/9/89
Alice Finst 8/9/88 6/9/89
Pat Healy (Chairman) 6/9/87 6/9/89
Boards and Committec~ - 1989
Page 4
PERC COMMISSIONERS
(Four Year Term)
Orig. Orig,
Regular (7) Appt. Expire Alternate Appt, Expire
John Saracino,Chmn 7/76 3/13/93 G, Robert Fellows 5/78 3/13/90
(Managerial Rep,) (unclassified)
Martin Frost 1/88 3/13/92
(Employee Rep,)
Vacancy 3/13/91
(unclassified)
PLANNING AND ZONING BOARD
(Two Year Term)
Orig,
Name ~, Expire
James L. Shuler 5/88 9/28/90
Vacancy 9/28/89
Digby Bridges 9/88 9/28/90
Helen Coopersmith 9/88 9/28/90
Vacancy 9/28/90
Sid Soloway 8/85 9/28/89
David Schmidt 9/88 9/28/90
(Police and Fire) BOARD OF TRUSTEES
(Three Years)
Orig.
Name ~, Expire
Mayor Campbell, Chairman ---- -------
Charles F, Hill 6/83 6/30/89
John Tranter 11/86 4/22/91
Chief Kerry Koen -------
Gerald Paller 4/22/91
Michael J, Hendricks 4/22/89
Chief C,L. Kilgore -------
Edward M, Morley 4/22/89
Robert Brown 4/22/91
(General Employees) RETIREMENT FUND COMMITTEE
Mary McCarty
David Huddleston, Secretary
William Plum
Nancy Roti
LeRoy Croft
City Attorney, Ex-Officio
Herbert W,A. Thiele
CITY PHYSICIANS
(One Year Term - Appointed at Organizational Meeting in March)
Dr. Frederic Swartz
Dr. Harold J, Lynch, Jr,
~1/ 011~d'nJ t /wt ? - (J;(t~ C-::) cf3,O
~C fP<-~tn^\ 1.1 ,{6 C
'7 '\t1 ~~r~f-a? OS"~S }@Q
S~~p~ ~ Cfnc L(
I~ t 0
:;,(A '0 P-0 ~ tf t1r7J
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BOARD APPLICATIONS
UPDATED MARCH 31, 1989
BOARDS
DATE
APPL APPLICANT BOA BCA CSB CEB CAB CRA DDA DBHA HRC HPB p&
10/87 RETT TALBOT X
11/87 NORMAN B, RADIN X
11/87 MADELINE PULITANO X
11 /87 JEAN BEER A X
2/88 SAMUEL M. DeOTO A X
4/88 HELENE S. EGELMAN X
4/88 MATTHEW GRACEY, JR, A X
5/88 LORRAINE KASPER X
5/88 HUGH B. GAGE X X
5/88 CHRISTINE B, BULL X
5/88 K, WAYNE CAMPBELL X
5/88 CATHERINE G. NEWKERK X X
5/88 DAVID B. KLARER A X
5/B8 EDITH JENNINGS X
5/88 JON R. LEVINSON X
5/88 KATHRYNE B, STOKES X
6/88 ANITA DEUTSCH Any Board
6/B8 SCOTT C. BECHTLE Any Boar':
6/B8 MILDRED SCHERER X
6/88 DESIREE L, SNYDER X
6/88 SANDRA W, ALMY A X X X
6/88 MARK L, KRALL X X X
6/88 MARY W. HAUSSERMANN X
.
6/88 CONNIE MACKENZIE X X
6/88 LARRY BILLION X
6/88 JAY FELNER X
6/88 RITA NARON X
ii/B8 JANE L. MINTER X
6/88 LARRY M, SCHNEIDER A X
(Reapplied for P&Z - , /89
7/B8 ALICE FINST X A X
7;88 MARY BANTING X )
X = Board applied for
7\ _ 1\............_.:......___.... 4-_ ....__._..
DATE
APPL APPLICANT BOA BCA CSB CEB CAB CRA DDA DBHA HRC HPB PSi
7/88 DEBORA T. OSTER X
7/B8 LILLIAN FELDMAN X
7/88 DERI JOY RONIS X
7/88 MURRAY SOHMER X X
7/88 SANDRA K, NORTON X
7/88 LEONARD SYROP X
8/88 SAM SCHWIMER X
8/88 CAROL FOSTER X
8/88 ROBERT H, MOORE X
8/88 LEONARD B, MITCHELL A X
10/88 CHARLES E. TOTH X X A X X
10/88 ROBERT p, FERRELL A
12/88 SHARON BUSH X
1/89 H, RIC ZAZZI X
3/89 DAVID HENNINGER X X
3/89 DIANE L, DeMARCO X
3/89 DARRELL D, RIPPETEAU X
3/89 P. RICHARD BRAUTIGAN X X X X
3/89 ROBERT G. CURRIE X
3/89 RICHARD A, MILDNER A
3/89 JUNE HENLEY X
3/89 THOMAS G, PURDO X X
4/89 STANLEY WATSKY X
X = Board applied for
A = Appointment to Board
MEMORANDUM
TO: City Commission
FROM: Civil Service Board
SUBJECT: VACANCY ON BOARD \
DATE: April 14, 1989
The term of Milford Ross will expire on April 1, 1989. He was
originally appointed to serve on January 1984. Pursuant to Commission
Policy, it does not appear that he is eligible for reappointment.
Therefore, a vacancy will exist on the Civil Service Board. .
Your attention to this matter will be greatly appreciated. ,
.
~~2~
LEO KIERSTEIN, Chairman
Civil Service Board
lamb
cc: City Manager
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MEMORANDUM
DATE: April 3, 1989 .
TO: City Manager
(J.
TL--
FROM: "Pat Cayce, Historic Preservation Planner
IS
THRU: ~rothY Ellington and Lula Butler
SUBJECT: Appointment of a member to the Historic Preservation Board
BACKGROUND
The Historic Preservation Board has had a vacancy since the
resignation of Sandra Norton in January,1989, This term
will expire in June, 1989.
Of the applications on file in the City Clerk's office, of persons
who wish to serve on the Board,the following selections are
being submitted to the City Commission as choices one, two and
three of the HPB,
1. Diane Lynn DeMarco, Miss DeMarco, is a general contractor
and has had a great deal of professional experience in
preservation and rehabilitation, She has recently
completed the renovation and rehabilitation of her
property at 52 N. Swinton Ave. The Board feels that
her qualification are excellent and that because of
contracting knowledge she will bring a new dimension
to the Board. She is also the only applicant who has
attended the Board's meetings.
2, K.Wayne Campbell
3. Christine B. Bull
ACTION REQUESTED BY THE CITY COMMISSION
To appoint a member to the Historic Preservation Board. This
appointment is to fill a vacancy. The term is expire June, 1989.
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) RiCEIVED
JLD SCHOOL SQUARE HISTORIC DISTRICT
PROPERTY OWNERS ASSOCIATION MAY 24 \988
~ May 20, 1988 CITY MANAGER'S n~~ICE
f?
_ear Fellow Associations:
With this letter I would like to introduce to ~ou the newly-
organized Old School Square Historic District roperty
Owners Association, We have elected officers, appointed
committees and identified and acted on several pertinent and
timely issues.
" Our goal is much like your own -- to improve the neighborhood
through community support, informed awareness and group
encouragement, Our job ahead is of significant importance to
your neighborhood specifically and to Delray Beach as a whole.
.~ .
Our Historic District will be the hub of Downtown Redevelo~nt
and neighborhood revitalization. It.is at this time -that ~,
ask for your support and help in accomplishing the task befbr~,
us and we pledge ours to you. '..',
,
On May 18. representatives from Lake Ida, Pineapple Grove, Del-
Ida and our Historic District met to discuss common problems
and objectives. This type of grou~ interaction is of major
importance, Such improvements as andscapi,ng and upgrading the
appearance of Swinton Avenue should be dealt with by combined
efforts, The issue of the Publix/Eckerd shopping center on
Northwest Second Avenue was discussed and by joining forces a
positive result may be achieved.
At the meeting, I suggested to your representatives that all
pertinent correspondence which has bearing on adjacent neigh-
borhoods be sent to association heads and that lines of communi-
cation be wide open for the exchange of ideas' and suggestions.
We are presently backing the appointment of Mr. Wayne Campbell
for the Historic Preservation Board. He is a founding member
of-our Association and would represent many concerned citizens
throughout the community. We would appreciate any efforts on
your part in support of his appointment.
Our next meeting on June 16, 1988, at 7 p.M. will be held at
314 North Swinton Ave. A representative from your association
is welcome to attend, Again, we ask for your support and offer
ours for the betterment of our community.
Sincerely,
~~~
.... .
ec: W. &lUly, C.I~ Ma~e.., Ann Merlau Fulton
President
t:l4"~. C.~A
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C,ITY OF DELHAY BUCH . t4tR I 7 1989
BOARD MEMBER APPLICATIOK
Christine B. Bull ........'..- ~
NAMB
1209 Sandowav Lane Delrav Beach. Fl, 33483
HOMB STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCB)
170 N.W. Soanish River Blvd, Boca Raton, Fl. 3343 I
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
I
278-1214 39~-9417
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
J.l7~TnRTr 1)RF.~F.RVA.TTnN ROARn
LIST ALL CITY BOARDS ON WHICH IOU ARB CURRENTLY SERVING OR HAVB PRBVIOUS
SBRVBD (Please inolude dates)
currentl , Was a member of the Boca Raton Hlstorlc rreserVatlon
Board in the early 1980's when we llved ln t at Clty.
EDUCATIONAL QUALIFICATIONS B.A. Tulane Universityt New Orleans, La:;
,
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOO BOLD.
NONE
.
GIVE lOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
self-employed. Owner/Partner Brown & Bull Marketing, Inc.
DESCRIBE EXPERIENCES, SEILLS OR INOWLEDGE WHICH QUALIFY IOU. TO SERVB
THIS BOARD. Interest in antiques and history. Presently restorlng
our home (1937)in Delray,
M6_ha~ nalpfty Uaft~~ u:'tQri~ftl C!g~ivty
PLEASE ATTACB A BRIEF RESUME.
.-
I HEREBY CERTIFY THAT ALL THB ABOVB STATEMENTS AR~ TROB, AND I AGIEB A
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTlIBED IN TBIS A
PLICATION MAY CAUSE FORFEITURI UPOII MY PUT or An APPOIHTMEII'1' I M
RECEIVB.
4~tff.~ S/;~ Iff
IGNATURE 1/. DATI
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Christine B, Bull
1209 Sandoway Lane
Delray Beach, FL 33483
(407) 278-1214
WORK EXPERIENCE:
1/1/88 to present: President and partner, Brown and Bull
Marketing, Inc. Advertising, Public
Relations. Marketing firm.
170 N.W, Spanish River Blvd., Boca Raton,
FL 33431 ,(407) 395-9417
11/1/86 to 12/31/87 Sole proprietor, Chris Bull Marketing.
Advertising, Public Relations, Marketing
firm,
2244 N, Dixie Highway, Boca Raton, FL
33431 (407) 368-8509
12/84 to 10/31/86 Advertising Director, Boca Raton News.
Responsibility for 35 person advertising
division of daily newspaper. "-,
33 S.E. 3rd Street, Boca Raton, FL 33432
(407) 395-B300
, 5/83 to 12/84 Advertising Manager, Boca Raton News.
Responsible for display department of
advertising division of daily newspaper.
33 S.E. 3rd Street, Boca Raton, FL 33432
(407) 395-B300
4/7B to 4/83 Classified Advertising Manager, Boca Raton
News, Responsible for classifed department
of advertising division of daily newspaper.
33 S, E. 3rd Street, Boca Raton, FL 33432
(407) 395-8300
11/75 to 3/78 Account Executive, Boca Raton News,
Responsible for g,enerating advertising
sales for displ~y department of ad~ertising
division of daily,n~wspaper.
.- 33 S, E, 3rd Street, Boca Raton, FL 33432
(407) 395-8300
11/74 to 10/75 Account Executive, Daily Sentinel Tribune.
Responsible for generating advertising
sales for disp1ay department of advertising
division of daily newspaper.,
P,O. Box 88, Bowling Green, OH 43402
(419 ) 352-4611
1/73 to 6/74 Classified Advertising Supervisor, Boca
Raton News, Responsible for generating sales
for classified advertisina department of
daily newspaper.
33 S.E, 3rd Street, Boca laton, FL 33432
(407) 395-8300
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CITY OF DELRAY BEACH .'71989
- BOARD MEMBER APPLICATION
Diane Lvnn DeMarco
NAME
290 S,W, Boca Raton Boulevard. Boca Raton. Florida 33432
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
-,
52 North Swinton Avenue. Delrav Beach. Florida 33444 '
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
I
---
395-3445 395-3400/265-3790
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Historic Preservation Board
-
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSL
SERVED (Please include dates) City of Boca Raton Historic Preservation Boar4i .
-
,
, EDUCATIONAL QUALIFICATIONS B.S. in Bui1~ Construction, Univer~of Florida
School of Architecture - inc1~....studv in History of Architecure. ous preservauc
conferences and seminars. - -
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
" State of Florida - lic~ced General Contractor
-----
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
DeMarco Homelh.. Inc. - President
'.
DESCRIBE EXPERIENCES, SKILLS OR ItNOWLEDGE WHICH QUALIFY YOU ~SE~
. THIS BOARD, General Contractor for ~storation projects: Tardmore, ay
Boca Raton Town Hall; Raulerson HaDe, Raton: Several Mizner restorations, O.ld
....n.Q.resta. Boca Raton: Fatio house. 11Ie Estates, Boca Ra.Warsbaw residence, Zltl I!a.
Brillo Way, Palm Beach; Yeager residence (Fatio), Ocean .
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS .RE ~RUB. AND I AGREB AN
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS COITAINBD III THIS Af
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMEIT' I MA
RECEIVE .
~~~ 3/15/89
DATI
. SITURE
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CITY OF DEL RAY BEACH o m@~ow~ ~
BOARD MEMBER APPLICATIO~
K, Wa bell *R I 11989
NAME
J. J _-............
314 N, Swinton Ave.. Delrav Beach. FL 33444
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
161 N, E, 2nd Ave" Boca Raton, FL 33429
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
I
278-3772 368-0055
HOME PHONE BUSINESS PHONIl
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Historic Preservation Board
LIST ALL CITT BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVIl PREVIOUSI
SERVED (Please inolude dates) None
~':t
..
Not applicable E
EDUCATIONAL QUALIFICATIONS P"
,
--
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LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICBNSBS WHICH YOU BOLD.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Fiduciary
Research, Inc., Forensic Genealogy, .
DESCRIBE EXPERIENCES, INOWLEDGE WHICH QUALIFY YOU TO SERVE (
THIS BOARD. Hv an i ue usi e s ince rade
chool. Mo her had a ti ue busi ess. Al 0 with mother bou ht an
restored a 1900 house. the first one to be restored in our area 0
We were instrumental in getting a number of other people in the area to
PLEASE ATT~Ca A BRIEF RESUME. restore some' of the historic homes in the
area. *
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUll, AND I AOREE A~
UNDERSTAND THAT ANY MISSTATEMENT OF MATERUL FACTS COIITUNBD III THIS AI
PLICATION MAY CAUSIl FORFEITURE UPON MY PART OF ANY APPOINTMENT I MI
RECEIVE.
5-11-88
DATil
*Last ecember I purchased the old Schmidt home at 314 N.Swinton Ave.,
and have restored it, .
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KENNETH WAYNE CAMPBELL
314 North Swinton Avenue
Delray Beach, Florida 33444
407-278-3772
Education Graduated from West Brunswick High School in
Schalotte, North Carolina, in June 1979.
Decided to go into investigative work rather
than enroll in college. Interned two years
with Virginia S~der, Inc., a private investi-
gative agency in Delray Beach, FL, then received
an investigator's license (#1989C).
Work During more than four years with the above
experience agency. worked on criminal and civil cases,
ranging from child custody to murder..
Worked on various undercover assignments, some
lasting several weeks, including working as a .
waiter in a child-abuse case and as an orderly I~"
in a nursing home in a dispute-over-estate caseJl
In most cases, worked with attorneys -- soma-,.,tt
, times we were court-appointed.:"- but;also worked
with clients where no attorneys were involved.
Present Fiduciary Research Associates, forensic genealogy,
employment in Boca Raton, FL.
Personal Born 3-26-61 in Winchester, VA. Unmarried.
information Went to school in North Carolina, resident of
Florida since 1980.
I am interested in preserving historic buildings
and districts, especially in Delray Beach since
I purchased the old Schmidt house last December.
Living in the historic district, also gives me a
reason for wanting to be involved with the
Historic Preservation'~oard.
,
From the time :I was in grade school, I grew up
working in my mother's antique shop. . I helpe'd, '_ -
her restore a 1900 house. I also helped restore,
or assisted owners to restore, other houses i~ our
community.
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MEMORANDUM
TO: Mayor and Commission
FROM: City Manager
SUBJECT: APPOINTMENT OF CITY PHYSICIAN
I
DATE: April 4, 1989
The City annually appoints a physician to conduct pre-employment
physical examinations and treat or coordinate work related accidents
involving employees. Dr. Frederic Swartz has been the City's staff
physician for general employees since 1985. He has offered to provide
pre-employment and worker compensation services again this year and I
recommend his reappointment,
The appointment of a staff physician is to as.ure that employees hired
are physically able to carry out the duties of their job, This
position is also the facility for monitoring the preemployemnt drugt
'testing program and the chain of custody involved. , Additionally,
from time-to-time employees are injured while working on the job. The
City's physician assures that employees injured on the jOb are well
treated and that cost effective methods are used to treat injuries,
A question about the role of chiropractic treatment has risen recently.
The City's staff physician's recommended policy is to treat
chiropractic care as a viable and acceptable alternative to medical
treatment for those employees who seek such an alternative. It is no
longer uncommon to find an employee who prefers not to take medication,
ie. for muscular/skeletal related problems which occur on the job,
Those who seek alternative treatment from, ie. a chiropractor, may be
entitled to such treatment under the auspices of the City's worker
compensation program.
To assure that case management of work related injuries is done in both
the publics as well as the employees benefit, case management will
continue t~ be done by the City's appointed physician. As a practical
matter employees play an active role in any treatment program, It has
been the City's policy, to the extent possible and practical to, to
accommodate appropriate individual preferences for a treatment method
or specific provider,
The City also appoints annually a staff physician to provide police and
fire pre-employment services. This physician 'is typically a
cardiologist, given the special nature of police and fire work and the
special protections which Florida Law provides to this group of
employees. Dr. Harold Lynch has served as the City's staff physician
for police and fire pre-employment examinations in the past, He has
expressed a preference not to be reappointed this year and, in his
place staff recommends the appointment of Dr. Januariusz Styperek, a
cardiologist with an office at 237 N.E. 8th Street.
WOB : c 1
2.4
MEMORANDUM
To: Wal~er O. Barry, City Manager
From: db~othY Ellington, Community Development Coordinator
Thru: Lula Butler, Community Improvement Director
Date: April 3, 1989
Subject: Rental Rehabilitation Grant Competition
This is to request Commission Approval to submit an application
for funding under the HUD Rental Rehabilitation Program, for
program year 89-90 in the amount of $200,000. Under this
program, the City will provide funds on a dollar for dollar match
up to $8,500 depending on the unit size to investor owned
properties within the CD target area. The City received $127,000
for fiscal year 1988-89 and $142,900 for fiscal year 1987-88.
Through Code Enforcement efforts, we have obligated
approximately 80% of the two-year total funds of $270,500 and
established a waiting list for participation, The incentive of
Rental Rehab matching funds encourages landlords to bring
substandard units up to code.
The application deadline is 4: 00 p,m, April 14, 1989,
Correspondence from HUD is attached for your reference.
.
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'" ' ".r ~ Jacksonville Ottic E'gion IV
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e... D"'~" Jacksonville. Flonda 32202-4303
4,6CMA
CIRCULAR LETTER
MAR 0 1 1989
MEMORANDUM FOR: Cities and Counties in Florida Eligible to
Participate in HUD's Rental Rehabilitation
Program ~
FROM, J;. Ch,p"'. """". usl; ,
SUBJECT: Announcement of Fiscal Y r 1989 Competition
HUO-Administered Non-Fo la (Small Cities)
Rental Rehabilitation Program (RRP)
The Department of Housing and Urban Development (HUD) is pleased to
announce a competition and the availability of funds for the
HUD-administered Rental Rehabilitation Program (RRP) for Small Cities,
pursuant to Section 17 of the United States Housing Act of 1937 (42 USC
14370) which was enacted by Section 301 of the Housing and Urban Rural
Recovery Act of 1983 (Public Law 98-81), A total of $1,166,000 in RRP
grant funds is available for small cities and counties in the State of
Florida,
To apply for the grant funds, you should submit: (l) a Program
Description as described in the Application Requirements section (Section
II) of the attached document entitled "Review Process Statement for
HUD-admi ni stered Rehabi 1 itati on Program for Sma 11 Citi es", (2) the RRP
Certifications, and (3) a Standard Form 424 (Revised 4-88) titled
"Federal Assistance." The attached Review Process Statement contains the
applicable Program Description requirements set forth in Section
511.20(b) of the RRP Regulations, published at 24 CFR Part 511 (48
Federal Register 16936, April 20, 1984), and certain additional
information needed to assist HUD in selecting grantees for the sUbject
program. In order to expedite our processing, we would appreciate
receiving four sets of your Program Description package, We further
request that each previously approved RRP grantee include a cover letter
identifying all program features contained in its Fiscal Year 1989
submittal which differ from its Fiscal Year 1988 program,
The schedule required at 24 CFR 511.20(b)(g) should cover the period
May 1, 1989. through April 30, 1990. The schedule should also indicate a
50 percent commitment of RRP funds to specific projects by November 1,
1989, and a 100 percent commitment by April 30, 1990,
The legislation authorizing the RRP allows rehabilitation funds in
the HUD-administered non-formula RRP to be used in units of general local
government and areas of the State that either do not receive a formula
allocation or are not eligible for assistance under Title V (Farmers Home
Administration),
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Listings of eligible non-formula cities and counties in Florida are
attached. Counties interested in applying for funds should contact their
local Farmers Home Administration office for information on what
portiones) of their jurisdictions are not eligible for Title V assistance
and, therefore, would be eligible for RRP funds. A list of the local
Farmers Home Administration offices in Florida is attached for
informational purposes.
With regard to the 1984 legislative amendment requiring that the
Secretary of HUD assure that an equitable share of funds be used to
provide units for families with children, particularly large families
requiring three or more bedroom units, the Department has determined, for
Fiscal Year 1989, that the three or more bedroom priority can be
satisfied if at least 15 percent of the RRP grant amounts expended
nationwide are for rehabilitation of units of three or more bedrooms.
The existing requirement in 24 CFR 511.10(k) that grantees use at least
70 percent of their grant funds to provide two or more bedroom units,
unless otherwise approved by HUD under the criteria in that section,
remains in effect.
The Department reserves the right to establish a mandatory
standard for each grantee for achievement of the three bedroom and larger
unit goal should the performance data indicate any substantial prospect
that the Secretary will not achieve the mandated minimum within any
two-year period,
Section 17(h) of the United States Housing Act of 1937, as amended by
Section 1007 of the Stewart B, McKinney Homeless Assistance Amendments
Act of 1988 (the McKinney Act amendments) authorizes all grantees y
participating in the Rental Rehabilitation Program (including the
HUD-administered Program for Small Cities) to use up to 10 percent of any
initial grant amounts that they receive from Fiscal Year 1988 and later
year funds for administrative expenses in carrying out their rental
rehabilitation programs.
The Office of General Counsel has determined that Section 1007 of the
McKinney Act Amendment is self-executing, and may be implemented
immediately. The language in 24 CFR 511.4 prohibiting HUD-administered
non-formula grantees from receiving administrative funds is superseded by
the 1988 McKinney Act Amendments.
CPD Notice 88-23 describes the procedures for requesting
administrative funds under the Rental Rehabilitation Program and a copy
of this notice is attached to all previously funded fiscal year 1988 RRP
grantees,
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For the benefit of those prospective new Fiscal Year 1989 9rantees we
wish to reiterate one major change in the Fiscal 1988 program year, This
RRP amendment to Section 150(c) of the 1987 Housing and Community
Development Act allows for an increase in the maximum Rental
Rehabilitation subSidy amount that grantees are permitted to approve for
any project. Formerly, Section 17(c)(2)(E) provided that the maximum
subsidy amount per project was $5,000 per unit, except as otherwise
determined by the Secretary in high cost areas. As amended by Section
150(c) of the 1987 Act, Section 17 now provides that the maximum subsidy
amount per project is the sum of: i) $5,000 per unit for units with no
bedrooms; (ii) $6,500 per unit for units with one bedroom; (iii) $7.500
per unit for units with two bedrooms; and (iv) $8,500 per unit for units
with three or more bedrooms.
The HUD-Independent Agencies Appropriations Act for Fiscal Year 1989
provides that highest priority for the allocation of housing vouchers
shall be given to assisting families who, as a result of rental
rehabilitation actions, are involuntarily displaced or who are or would
be displaced as a consequence of increased rents (i.e" rent burden
exceeds 35 percent of adjusted income). The U.S. Housing Act provides
that (1) certificates or housing vouchers shall be made available for
families who are required to move out of their units because of physical
rehabilitation activities or because of overcrowding; (2) at the
discretion of the PHA, certificates or housing vouchers may be made
available for families who would have to pay more than 30 percent of
adjusted income for rent after rehabilitation whether they choose to
remain in or move from the project; and (3) HUD shall allocate
certificates or housing vouchers to ensure that sufficient resources are
available to address the physical or economic displacement or potential
economic displacement of rental rehabilitation tenants.
To implement the law, HUD requires that highest priority be given to
assisting families who. as a result of rental rehabilitation actions, are
involuntarily displaced or who or would be displaced in consequence of
increased rents (wherever the level of such rent exceeds 35 percent of
adjusted income).
You are encouraged to immediately contact your respective Public
Housing Authority to discuss the need and/or availability of housing
vouchers for the Fiscal Year 1989 Rental Rehabilitation Program.
Applicants must submit their Program Descriptions (4 sets) to
Cleveland B. Talmadge, Director, Community Planning and Development
Division, U. S. Department of HUD, 325 W, Adams Street, Jacksonville,
FL 32202. To be considered in this year's competition, these Program
/ Descriptions must be received in this office, 325 W. Adams Street, by
~ 4:00 p.m. on April 14, 1989. A ,ostmarked date is not acceptable for
considering receipt of your subm ss10n,
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We look forward to receiving your Program Description. If you have
any questions or would like further information on this funding
competition, please call Mr. Paul Watson, our Rental Rehabilitation
Coordinator, at (904) 791-1202.
Attachments
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MEMORANDUM
TO: WALTER o. BARRY - CITY MANAGER ~
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
DEVELOPMENT SERVICES~
THRU: FRANK R. SPENCE - DIRECTOR,
SUBJECT: HIGHWAY BEAUTIFICATION GRANT AGREEMENTS
MAINTENANCE AGREEMENTS
DATE: APRIL 4, 1989
Attached please find a copy of each of the agreements for highway
beautification grants for Linton/I-95 and At1antic/I-95 and the
maintenance agreements for each.
The grant agreements are in compliance with Resolution 65-88
which was passed and adopted by the City Commission on 10/11/88,
which authorized the City Manager and his staff, through the
beautification consultant, to apply for the Highway
Beautification Grants Memorandum Agreement with the Florida Dept
of Transportation,
The matching funds for these grants are available in the
Beautification Trust Fund account #333-4141-572-61.15 in the
amount of $198,441.76, The agreements have been approved as to
form by the City Attorney's office.
In order for us to receive the funding and accept the grant, we
have to execute these agreements and return them to the State for
approval. After we get the approval, we can start the project.
At the present time, the project is on hold.
LB:DQ
Attachments
L/2
A:Grants,CC
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, , J</HEgrant
, Op, 157 !
<:'" '-
4-;' n.
IIlQ!l':AY BE1IlJITFlCATlm GRANI' ~?-
. '.'
t !flICAAHlJUJ I OF AQ-lEE] lENT
FOR
ATLANTIC AVENUE/I-95 INTERCHANGE, INCLUDING ATLANTIC AVENUE ~ETWEEN 1-95 AND SWINTON P
THIS J\GREE1,!EtIT, trade and entered into this day of
19 , by and between the STATE OF FLORIDA DEI'JlRlMEN1' OF TRANSPORi'A..."'lON, a
conp:>nent agency of the State of Florida, hereinafter call8d the
" DEPARll IENI" , and the City of Delray Beach , a political subdivision of
the State of Florida, existing under the LaVIS of Florida, hereinafter
called the " City n
.
\'1ITNESSETH
WHEREAS, as a part of, the continual Upc1ating of the state of. Florida
Higho.;ay System, the Dep3rtrrent, for the purpose of safety, protection of
the investrrent and other reasons, has created roadside areas/rredian strips
on the highway facilities outlined in AttaclT.f2nt "A" within the cOl.1X>rate
lir.lits of the C:ity nf n~lr"y R~"~" and
~1!1ERE'\S, the C:i ty is of the opinion that said
highway facilities that contain lon,joc"p~,j m~,j;"M, ..HH.y (,'r;p~ shall be * and gras~'
landscaped with various ~peC":i p.!,=: of grnl1nn rnupT' pl t:lIn~ingc::. c::hr11nc:: J t"r'HHl areas ad];;
and palms as depicted on the plan~ pre:>.p:=lTPn hy H Kllrt' Kpttplhllf'" ~ to 1-95 or
Associates, .: off ramps
l':.lEREJ\S, the parties hereto mutually recognize the need 'for entering
into an Agreement designating and setting forth the responsibilities of
each party; and
\'IHEP.EAS, the Ci by Fe~lutic:n t-Q, 65-88 dated
October 11 , 19-8.8_' atta~ed hereto and by this rere!'ence rrade a part
hereof, desires to enter into this Higho.'laY Beautific'..ation Grant Agreerrent
and authorizes its officers to do so.
NCXv THEREl"ORE, for and in consideration of the mutual benefits to flow
each to the other, the parties covenant and agree as follows:
1. The City shall install landscaping on the
higm;ay facilities outlined in AttachITent "A" as specified in plans and
specifications included as Attacl1rrent "B" with the following exceptions:
..:.;. .
Nn pv("ppf-innco -'
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'!he landscape installation to be pcrforrred by the City ,
sp.all be subject to periodic inspections by the Deparnrent, Such
inspection findings will be shared with the C:Hy and
shall be the oosis of all decisions regarding payr.ent reduction, reworking
or agreerrent tenrJrmtion. 'Ihe city sh?lll not change or
deviate fran said plans without written aH?roval by the DEPARIlIE!\"f,
2. If at any tire after the ' City has assur.ed the
landscaping installation responsibility nbove-rrenticned, it shall care to
the attention of the Departrrent I s District Secretary that the installation
is not being perforr:ed pursuant to the terms of this Agreerrent, said
District Secretary tray at his option issue a written notice that a
deficiency or deficiencies exist Is) , by sending
a certified letter in care of r.i~y M~nQgor. r~PY Qf D91r~y ~9~~R . .
.
1
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tk/HEgrant
~ ' Op, 157
~.~ '- ~") "-
100 N.W. 1st Avenue. 1;lp1r~Rp":t, 1'1 1J~~/. to place said rfry
of Delrav Beachon not1ce r~. Thereafter the "w' sha: 1 have a
period of thirty, (30) calendar days within ~ihich to co, ect the cited
deficiencies,. If said deficiencies are not corrected within this t:irre
period, the Depart::Irent may at its option, proceed as follo,..'S:
(a) Col:pletc the installation or a part thereof, ...1ithin
Departr.ent or contractor's F€rsonnel and deduct the cost of
such \-iOrk from the Citv' s payrrent for said
work or part thereof, or
(b). Termina.te 1-..greerent in accordilllce with Paragraph 5 of thi"
Agrecrrent and rcrrove, by Deparbrent or private contractor's
personnel, all of the plant materials installed under
this Agreerrent or <my preceding agreerrent:; except as to
turf grass and charge the City
for the reasonable cost of such ;rEll'Oval. ~
3, It is understood between the parties hereto that the landscaping
cuvered by this Agreerrent may he rerroved, relocated or adjusted at any tLce
in the future as determined to be necessnry by the DP.partrrent in order that
the adjacent state road be widened, altered or otherwise changed to rrect
\<lith future criteria or planning o~ the Departrrcnt, The City
shall be given sixt~, (60) calendar days not.ice to rerrove said landscaping
after \vhich tine the Departr..ent J(103Y rerrove said landscaping .
4, The Depn...-ment agrees to pay to the City the
total sum of $123,618.50 or 50% of the total project cost as defined in
Attachrrent "C";- IoIhichever in less. Subject to this limit, the Deparbrent
will pay only for those costs which are allO\'led by Section 339.2405(11)
Florida Stututes:
(a) Sprinlder/irrigation system (purchase illld installation)
(b) Plant r.z,terials anc1 fertilizcrs/scil arrendrrents
(8) (c) equipment and labor
The Depart:rrent I s participation in the project cost, as described in
1\ttachrrent "C", ;i2 lir:tited to only those items \vhich are directly related
to this project,llYThe 50% payrrent shall not be made until (l) certification
of acceptance is received frcm the City'S (consultant) landscape
Architect; (2) the Highway Beautification Council has insrected or ~Jaived
its inspection rights of the project; c:nd (3) a Depart:Fent landscape
Architect and his designee has,appraved the project ,fer final payr.ent,
: \ .
(a) payrrent shall be'made O[1~Y after receipt and approval of
goOds and services as provided in Section 215,42, Florida
Stc.tutes,
(b) 1-ny pena.lty for delay in payr.ent shall be in accordance with
Section 2J5,422(2) (b), Florida Stat\:tes,
(e) Bill~ fer fees o~ otrer compensation for services or ~~nses
shall be sUbn!tted in de'cail sufficient for a proper preaudit
and FCstaudit thereof, and that bills for travel eY.peI1scs
~ifically authorizeC by this Agreerrent shnll be submitted
?JJd paid in accordance ,..1 th the rates 5F€cified in
Section 112,061, Florida Statutes.
(d) Records of costs incurred ur.der teres of this Agreerrent shall
be mintained and made available upon request to the
Depart:r.ent at all tires during the j:ericxl of this Agreffient
and for three years after final paYF.ent is made. Copies of
. these d=lT.'ents and records shall be furnished to the
Departrrent upon request. Records of costs incurred includes
the C i t)' , s generul accounting records,
together w:Lth supporting docurrents and records, of the
City ,- and all subcontractors performing
\'lOrk, and i\ll other records of the City
r and sul:x::ontractors considered necessary by the Depart:rrent for
a proper aUdit of costs.
(e) The City agrees to return all rronie~ received
under the terms of this Grant 1Igreerrent, to the DepartITcnt,
should the landscaped area fail to be maintained in
accereance w~th the llaintenance J!.greerrent.
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('0" ;/HEgrant
...':1. -- Cp, 157 I
t?":. ~
5. 'I11is agreerent may ~"terminated under anyone of the follCMing
condl tions:
,
(a) By "the ~partnent, if the City fails to
perfom its duties under Paragraph 2, follo,.1ing ten (10) days
written notice,
(b) By the Departrrent, for refusal by the City
to allCM public access to all d=urcnts, paper!::, letters, or
other material subject to the provisions of Chapter 119,
Florida Statutes and l!\1loe or received by the City
in conjunction with this agreerrent.
(c) By either party following sixty (60) calendar days \lritten
notice ,
(d) By both parties, thirty (30) calendar days follCMing the
ccnplete e..'Cecution by bOth" parties, of an agreerrent to
terr.rinate" this agreement, -'
6, The tem of this Agreerrent =ces on
and continues for a period of one (1) year.
* 7. To the extent permitted by law, and subject to the provisions and limitations
of Section 768.28, Florida Statutes, the City hereby agrees to indemnify, defend and
hold harmless the Department from all claims, demands, liabilities and suits of any
nature whatsoever arising out of, because of, or due to breach of this Agreement by
the City, its agents or employees, or due to any act or occurance of omission or
commission by the City, its agents or employees, It is specifically understood and
agreed that this indemnification agreement does not cover or indemnify the Department
for its own negligence or breach of contract.
I
* Revised language as agreed to by ~el L, Wilson , District General Counsel and
Herbert Thiele, City of Delray Beach Attorney, Letter from F,D.O.T. September 30,1988,
8. The City ltI3y construct additional landscaping
\vithin the limits of the right-of-ways identified as a result of this
docurrent, subject to the following conditions:
(a) Plans for any ne\~ landscaping shall be' subject to approval by
the Deparbrent. The City shall not change
or deviate fran said plans without \'Tritten aFproval by the
CepcrtIrent.
lb) All landscaping shall be develq:;ed crnd in;:>ler.ented in
accorcance with aFPropriate state safety and road design
standards;
(c) The City ...... agrees to ccnplete, execute and
=ply with the requirerrents of the Departrrcnt I s standard
t'2intenance l....enoranoum of J\grecn-ent provided 'as AttachIrent
un" to this agreerrent which by reference hereto !;hall be a
part hereof;
(d) No change will be nade in tJm payrrent tr>.!:r.\S establisherl under
Item nurril:er four (4) 0= this agre6!'el1t due to any increase in
cost to the City resulting frem the
installation of landscaping added under this item.
~
9. This writing embcdies the entire l'J:!I'eerrent ;md understandina
between the parties. hereto and there are no other 1>qreelTents and -
understanding, oral or "'Titten, \rith reference to the subject matter hereof
that are not ITerged herein and superseded r.ereby.
10. The Departr.cnt's District Secre~' shall decide all questions,
difficulties and disputes of an}' nature whatscever that lTay arise under, or
by reason of this Agreerrent, the pros<:ocution or fulfil1rrent of the service
hereunder and the character, quality, arrount and value thereof; and his
decision UJ:Xln all claims, questions and disputes shall l>e final and
conclusive upon the parties hereto.
11." This Jlgreerrent TraY not be assi'JTlcd or transferred by the
r.iry , in ...;ho1e or in part wi thout consent of tJ1C
D.:part::trent.
12, This Jlgreer.-ent, regardless of \mere executed, !;hall be governed
by, and construed.. according to the 1a\~S of tJ1e State of Florida..
,
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tk/HBgrant
c:p,,157
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IN WI'lHESS WllERIDl", the J'3ri:ies hereto have caused these presents to be
executed the day and year' first . above written.
Sl'ATE OF FLORIDA
DEP;\RINENl' OF TRlINSPORI'A'I'ICll
BY:
ror Approval as to Date District Secretary
Form and Legality
ATTEST: (SEAL)
Executive Secretary
. -'
City of Delray Beach Date (AGEl: x:Y)
approval as to form
and legality BY:
;
i\TmST:
-
.;,,;.
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Job No.
WPI No,
County
S,R. No.
ATTACHMENT "A"
Locations:
1. I-95/Atlantic Avenue Interchange from the limits of the east and west rights-
of way lines to north and south on/off ramps,
2. The medians and utility strips within the right-of-way of Atlantic Avenue
between Swinton Avenue and the 1-95 overpass.
!
Job No.
WPI No.
County
SR No,
ATTACHMENT C
(General)
PROJECT COST
This exhibit forms an integral part of the Highway Beautification Grant Agreement
between the State of Florida Department of Transportation and the City Of Delray
Beach, Florida dated .
I, PROJECT COST: $233,557,00
TOTAL PROJECT COST $233,557.00
II. PARTICIPATION:
City of Delray Beach Participation (50%) $116,778,76
Department of Transportation (50%) $116,778.76 *
$233,557,00
* Grant application requested $123,618.50,
current bids indicate reduced project
costs.
,
RESOLUTION NO, 65-88
A RESOLUTION OF THE CITY CO~~ISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE CITY HANAGER AND HIS
STAFF THROUGH CONSULTANTS, H. KURT KETTELHUT AND
ASSOCIATES, INC, , LANDSCAPE ARCHITECTS, TO APPLY FOR A
HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT WITH
THE FLORIDA DEPARTHENT OF TRANSPORTATION,
WHEREAS, many roadside areas and median strips abutting
Department of Transportation rights-of-way areas must be maintained and
attractively landscaped; and,
\'1HEREAS, the Mayor and City Commission desire that the City of
Delray Beach beautify and improve various rights-of-way areas within the
City of Delray Beach by landscaping: and,
WHEREAS, the Mayor and City Commission of the City of Delray
Beach wish to authorize the City Manager and his staff through
consultants H. Kurt Kettelhut and Associates, Inc. , Landscape
Architects, to apply for a Highway Beautification Grant from the Florida
Department of Transportation,
NOt'l, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOI'1S:
Section l. That the Mayor and City Commission of the City of
Delray Beach hereby authorize the City Manager and his staff through
consultants H, Kurt Kettelhut and Associates, Inc, , Landscape
Architects, to apply for a Highway Beautification Grant from the State
of Florida Department of Transportation.
Section 2, That the City Clerk of the City of Delray Beach is
hereby directed to send copies of this Resolution to the Department of
Transportation and all other persons as directed by the Mayor and City
Commission.
PASSED AND ADOPTED in regular session on this the 11th day of
October, 1988.
0___ac-?/,,~~
11 A Y 0 R
ATTEST:
4~<<~
City Clerk
!
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MAINTENANCE
MEMORANDUM OF AGREEMENT
LINTON BOULEVARD/I-95 INTERCHANGE FROM EAST & WEST R/O/W TO NORTH & SOUTH ON/OFF RAMPS
THIS AGREEMENT, made and entered into this, day of_
19 ,by and between the STATE OF FLORIDA DEPARHIENT OF TRANSPORTATION,
a component agency of the State ,of Florida, hereinafter called the
"DEPARTMENT" and the City of ~elr~ R..~~ political subdivision of the
State of Florida, existing un er tKe Laws of Florida,chereinafter called
th II II .
e Ci tJ' .
- WITNESSETH,
- WHEREAS, as a part of the continual updating of the State of Florida
Highway System, the Department, for the purpose of safety, protection of
the investment ?nd other reasons, has constructed and does ,main~ain ~r~ssed
'r/o/w areas adjacent to on/off ramps at 1-95 & LintonPutl1ned 1n Exh1blt
"A" attached hereto and incorporated by reference herein, within the
corporate limits of the City of Delra~ Beacand
WHEREAS, the City is of the opinion that said highway
facillties that contain grassed areas shall be improved with trees, shrubs
and groundcovers shall be maintained bv periodic trimming, cutting, mowing
fertilizing and necessary replantings.
WHEREAS, thi parties hereto mutually recpgn)ze the 'need for entering
into an Agreement designating and setting forth the responsibilities of
each party; and
WHEREAS, the City by Resolution No. 65-88
dated OCtober 11 , 19 li.a-, attached hereto and by this reference
made a part hereof, desires to enter into this Agreement and authorizes
its officers to do so, . - _
NOW THEREFORE, for and in consideration of the mutual benefits to
flow each to ,the other, the parties,convenant and agree as follows:
1, The City 'shall perform the following
standards in a reasonable manner and with all due care.
The City hereby aQree~ to mRint~in thp plRn~ing~. following thp nppRrtmpnt's
landscBoe 2uide1ines. safety Rnn plRnt rRTP Thp ~ity'~ rp~pnn~ihility for
maintenance shall i "clune ;Ill 1 anti~r;:lppr1 Rnn lor tllrfpn R~fp;:! 0;: on Dep:irtmpnt
of TranSDortation riQht-nf-w::IY within the limitR. of the prnjp.C':t. Sllc..h maintenance
to be orovided bv the City i~ RpeC'ifical1y Ret ant RR. followR:
.To maintain. which means propp-r 2aterin~ ann fp-rtili7.ation of all nlants
keening them as free as nracticahle from disease and harmful insects: to
proper Iv mulch the plant beds: to keen premises free of weeds: to mow and/or
cut grass to proper length: to nroner} v nrune all nlants which includes (IJ ,-
, removing dead or diseased narts of nlants. or(2) nrunin2 such narts thereof
which present a visual hazzard for those lu:;!nQ' the roadwav. To maintain also
means removing or renlacinQ' those that fall helow oriiinal proiect standards.
All nlants removed for whatever rp-a~on ~hall hp- replar.p-n hy plants of the
samp- frane as those spp-~ifipn in ~hp nrigin~l pl~n~ ~nn ~pp-r.ificatinns and of
R siz@ r.nmparahlp. to ~hnsp. pxis~ing ~~ ~hp ~imp apPToval i~ oh~ainen from the
nppar~mp.n~'s nistri~t ~p~rp~~ry fnr ~hp liSP of alrprnatp. material or deletions.
To m~int~in ;1l~o mp~ns ~o kppp 1;,..,...".,.. TPmnuprl from rhp mprli::ln s~rip nr l~ndscaped
areas withi~ 'said project. '
The above named functions to be performed by the City ,
shall be subject to periodic inspections by the Department. Such inspec-
tion findings will ~e shared with the ri.y and shall be the basis
of all decisions regarding payment reduction, reworking or agreement
termination.
2. If at any time after the (ji'y has assumed
,the maintenance responsibility above-ment1oned, it shall come to the
attention of the Department's Deputy Assistant Secretary that the limits
- 1 -
of Exhibit "A" or a part thereof is not properly maintained pursuant to
the terms of this Agreement, said Deputy Assistant Secretary may at his
option issue a written notice that a deficiency or ,
deficiences exist(s). by sending a certified letter in care of City Manager.
100 N.W. 1st Ayenue. Delray Beach, Fl 33444 . to place said
City on notice thereof. Thereafter the City
shall have a period of thirty (30) calendar days within which to correct
the cited deficiencies; If said deficiencies are not corrected within
this time period. the Department may at its option. 'proceed as follows:
(a) Maintain the landscaping "or a part
thereof. within Department or Contractor's 'personnel and
deduct the cost of such work from the,:' - City'S
payment said work or part thereof. or
(b) Terminate Agreement in accordance with Paragraph 5 of this
Agreement and remove. by Department or private contractor's
personnel. all of thegroundcover' & shrubs installed under
this Agreement or any preceding agr~ements except as to
- trees and palms and charge the City
for the reasonable cost of such removal.
3, It is understood between the parties hereto that the n1ant materials
covered by this Agreement may be remQved.:rel~cated or adjusted at any
time in the future as determined to he necessary by the Department in
order that the adjacent state road b~_widened. altered or otherwise
changed to meet with future criteria or planning of the Department. The
City shall be given sixty (60) calendar days notice to remove said lant
materials after which time the Department may remove said ground cove~rubs
trees b- palms. .
4. The Department agrees to pay to the City quarterly compen-
sation fo the cost of routine maintenance ' , .
identified 1 Exhibit "A", The lump.~um- payment',will be in the amo t of
per, quarter for'a 'total'sum of
per year.
(a) Payme only after receipt d approval of
e. -'- goods a provided in Sect' n 215.42. Florida
""'1>''''....,.''' Statutes,
d.e.\e.~eA \>e< (b) Any penalty or delay-in payment all be in accordance
D~h &\ \0\. k with Section 5.422(2) (b). F. rida Statutes,
M.' 'So """'1 (c) Bills for fees 0 other com nsation for services or
_+c.,,-~ expenses shall be bmit (j in detail sufficient for a
e\t\~\.......e.( . proper preaudit and audit thereof. and that bills for
,)" .u - travel expenses sp ally authori zed by thi s Agreement
'-1 "., tU shall be submit and p 'd in accordance with the rates
specified in ction l12.0 . Florida Statutes.
(d) Records of osts incurred un r terms of this Agreement
shall b aintained and made a ilable upon request to the
Depar ent at all times during t perio~'pf this Agreement
an for three years aft~r final PilY nt is made. Copies of
ese documents and records shall be rnished to the
Department upon request. Records of co s incurred
i nc 1 udes the City's genera 1 acc nting records.
together with supporting documents and reco s. of the -
- City and all subcontractors perfor ' g work. and
a 11 other records of the City and su ntractors
considered necessary by the Department,for a prope audit
of costs.
5, This'Agreement may be terminated under any- one of the following
conditions: . /.
~.. .
(a) By the Department. if the fity fails to perform its
,duties under Paragraph 2. fo lowing ten (10) days written
notice,
(b) By the Department. for refusal by the City to
allow public access to all documents. papers. letters. or
other material subject to the provisions of Chapter 119.
Florida Statutes and made or received by the City
in conjunction with this agreement.
(c) By either party following Sixty (60) calendar days written
notice,
- 2 -
(d) By both parties, thirty (30) calendar days following the
complete execution by both parties, of an agreement to
terminate this agreement,
a....."":.-l 6, The term of this Agreement commences ~ u,."" ....1I!1t "''''lD W\
~.~...... and cOhtilad!3 fot a p!\ iod of Qlle (1) 'yCQ1.
0. \& \e~ his Agreement may be renewed on a yearly basis, for a
two years a e . itial agreement, as mutually a re
da 0....4 . parties with a thirty (3 da lce providing a new
reso 1 ution for the r ac e , reement must be
re- an executed upon expiration of all rene ns.
8. To the extent permitted by law, the Cit1 shall
indemnify and hold harmless the Department, its 0 ficers and employees
from all suits, actions, claims and liability arising out of the r.;'yi.
negligent performance'of the work under this agreement, or due to the
fa il ure of the City to perform the project in conformance with
- the standards described in item number 1 of this agreement.
9. This writing embodies the entire Agreement and understanding
between the parties hereto and there are no other Agreements and under-
standing, oral or written, with referenc'e:to the subject matter hereof
that are not merged herein and supers~ded hereby.
10. The Department's Deputy Assistant Secretary shall decide all
questions, difficulties and disputes of any nature whatsoever that may
arise under or by reason of this Agreement, the prosecution or fulfillment
of the service hereunder and the character, quality, amount and value
thereof; and his decision upon all claims, questions and disputes shall be
final and conclusive upon the parties bereto. _ -
- - -
II. This Agreement may not be assigned or~iransferred by the
City , in while or in part without consent of the Department.
-
12. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida, In the event of a conflict between
any portion of the contract and Florida law, the laws of Florida shall
prevail, -
- IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
DOT Approval as to Date Deputy Assist~~t Secretary
Form and Legality
- -
ATTEST: (SEAL)
Executive Secretary
.. .- ,-
,
BY:
City of Delray"Beach Date
approval as to,form ..
and legality.,: ATTEST: (SEAL)
...;.,
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Job No.
ATTACHMENT "A" WP1 No,
County
SR //
Locations:
l. 1-95 Linton Boulevard interchange from the limits of the east and west
rights-of-way lines to north and south on/off ramps. Also know as U.S. /19.
Mowing Estimate
cycles x acre x acres = estimated
yearly maintenance cost for
Fertilization Estimate
yearly x acre x acres =
estimated yearly maintenance cost for fertilization,
Litter Removal
cycles x mile x raodway miles =
estimated yearly maintenance cost for litter pickup.
Total yearly agreement cost allowed for mowing, fertilizing, and litter pickup,
acres is .
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RESOLUTION NO. 65-88
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE CITY HANAGER AND HIS
STAFF THROUGH CONSULTANTS, H. KURT KETTF.LHUT AND
ASSOCIATES, INC, , LANDSCAPE ARCHITECTS, TO APPLY FOR A
HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION.
WHEREAS, many roadside areas and median strips abutting
Department of Transportation rights-of-way areas must be maintained and
attractively landscaped; and,
\~HEREAS , the Mayor and City Commission desire that the City of
Delray Beach beautify and improve various rights-of-way areas within the
City of Delray Beach by landscaping; and,
WHEREAS, the Mayor and City Commission of the City of Delray
Beach wish to authorize the City Manager and his s ta ff through
consultants H. Kurt Kettelhut and Associates, Inc. , Landscape
Architects, to apply for a Highway Beautification Grant from the Florida
Department of Transportation,
NOI'], THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLO\~S :
Section 1. That the Mayor and City Commission of the City of
DelrayBeach hereby authorize the City Manager and his staff through
consultants H. Kurt Kettelhut and Associates, Inc. , Landscape
Architects, to apply for a Highway Beautification Grant from the State
of Florida Department of Transportation,
Section 2, That the City Clerk of the City of Delray Beach is
hereby directed to send copies of this Resolution to the Department of
Transportation and all other persons as directed by the Mayor and City
Commission.
PASSED AND ADOPTED in regular session on this the 11th day of
October, 1988,
0__a'd /~~~ .
rlAYOR
ATTEST:
4~<<~
City Clerk
~ .
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f'" \
[H1frl~ flilF 1Jrr::r ~~n~ pk:';:~;ll . ,
r
" 11. - -, I ,j f..,." , "t. ~ l.., ~ ' \ C t ,
" /I "',1, :", ',IF.., ~i "-1" ''I'" ; .... V
,
11"lfJ'_" 1. "! -'0- " , '.; , "Ill 11)/ 7:1]-}nrlCl
r E R T I F I CAT ION
I, ELIZABETH ARNAU, City Clerk of the City of Delray Reach,
Florida, do hereby certify that the attached is a true and
correct copy of Resolution No, 65-88 which was passed by the City
Commission on the 11th day of October, 1988,
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of De1ray Beach, Florida, on this the
13th day of October, 1988,
,
th Arnau
City. lerk
City of Delray Beach
SEAL
11" fir /'\' I 1\ I' 11 i ' '
, "
MEMORANDUM
TO: FRANK SPENCE - DIRECTOR, DEVELOPMENT SERVICES ~
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: PRESERVATION DAY 1989 = TALLAHASSEE, FL
DATE: APRIL 3, 1989
The Historic Preservation Board at their last regular meeting on
March 17, 1989 voted to request approval of travel for the
Chairman and the part time Historic Preservation Planner to
attend Preservation Day 1989, sponsored by Florida Trust for
Historic Preservation and the Bureau of Historic Preservation in
Tallahassee,
The total cost for this trip will be approximately $787.00.
Funds are available in the Historic Preservation Board's budget,
account #001-2711-524-34-09,
I am submitting this for the Ci ty Comm i ss ion's consent agenda
on April 11, 1989 because some time during the budget workshop
meeting in July 1988, the City Commission set a policy to reserve
the right to approve all travel requests for this board,
LB:DQ
cc: Dorothy Ellington, CD Coordinator I"l'~
L/2 iI'L"it.'
U ,jli
A:Travel.HPB
C
2'1
MEMORANDUM
TO: Walter 0, Barry, City Manager
FROM: ~obert A. Barcinski, Asst. City Manager/Community Services
DATE: April 6, 1989
SUBJECT: Documentation - City Commission Meeting - April 11, 1989
City Hall Expansion Project - Bid
I
ACTION
City Commission is requested to provide staff direction to rebid the City
Hall Expansion Project, specifying items to be included in the base bid
and bid alternates,
BACKGROUND
It was the concensus of the Commission at your April 4 Workshop not to
execute the contract with the low bidder, Sessoms and Grice, for the City
Hall Expansion Project, Commission requested that this item be placed on
the agenda in order to provide the architect and staff direction for
rebidding the project, In order to rebid this project, Commission needs
. to specify which items are to be included in the base bid and alternate
bids, A list of project elements and estimated costs has been prepared
by the architect and is attached. Mr. Bridges will review the list with
Commission at the meeting.
The previously bidded scope of services included the Development Services
wing, a new Commission Chamber and various alternates. The low bid was
$ 2,347,331 and included the base bid, the deduction for the covered
walkway and addit ions for the water line and retrofitting the existing
building with a sprinkler system, Other project costs included architect
engineering fees of $ 287,106 and $ 54,000 for the sound system and cable
for voice data. Total project costs were $ 2,688,437.
A total of $ 1,500,000 was allocated in the 1987 Utility Tax Bond for
this project, to include construction costs. Other revenue sources
included Bond interest and the Water and Sewer Fund.
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, II Uigby Bridges, Marsh & Associates, P.A.
124 N.E. STHAVENUE, DELRAYBEACH, FL33483
407-278-1388
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DELRAY CITY BALL EXPANSION
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BUDGET EXERCISE SHOWING VARIOUS
PROJECT ALTERNATIVE DESIGN OPTIONS
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APRIL 1989
CHARTERED ARCHITECTS - PlANNERS - INTERIOR DESIGNERS
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Preface:
It should be noted that the following estimates are for budget
purposes only and will be firmed-up when a final decision as to
final project requirements are made by the Commission.
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DELRAY BEACH CITY HALL:
BASE ESTIMATE $
Sessoms Grice Base Bid 2,438,000
Delete $
Colonnade as per Alt *2 139,000
Chambers 500,000
Chair Allowance . 10,000
Stair widening Allowance 20,000
Picture Frame Allowance 2,000
Lock Block Pavers 16,000 687,000
$1,751,000
ADD
Items required for complete building: ~
1) Retrofit Old building with fire
sprinklers 65~
$
2) Telephone System: wiring 29,000
Upgrade of present Essex 21~~
, System 50,000
3) Professional Fees $ ~ ~ 1
P a) Architect Engineer Fees 184,000 J tIo! ~ .
b) Additional Fees \,'1.,0 30,000 111h'
~~ '\ c) Contract Admin 72,00~
. . . d) Reimbursables & Other I 30,000 316,000 431,000
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r~- Base Est1mate.................$2,182,000
~~~ * This includes new building with mansards and window treatments,
and existing building with Clock Tower mansards and window treat-
ments, without colonnade.
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ALTERNATE DESIGN OPTIONS
( 1) New development building with flat roof, no window treat-
ments, existing building as original design but with new
roof, no window treatments.
.
$
Base Estimate 2,182,000
I>>ed Add
Deduct Mansards to
Development Bldg 41000
Add Flat roof to Dev Bldg 54000
Deduct Clock Tower 25000
Deduct Mansards Old B1dg 78000
Add New roof to Old Bldg 89000
Deduct Window eyebrows to new
and old buildings 7000
$151,000 $U3,000
, NET DEDUCT 8,000
TOTAL $2,174,000
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(2) New Development Building with Mansards and window treatments
and old building with not Clock Tower and with window
treatments.
$
Base Estimate 2,182,000
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Deduct Clock Tower 25000
Add Mansard where
Clocktower removed 15000
$25,000 $15,000
NET DEDUCT 10,000
TOTAL 2,172,000
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And Old-
(3) New Development Buildings with mansards, Clock Tower and
window treatments.
~. As per Base Estimate $2,182,000
(/ (4) /ls per Alternate Design Option No.1, but
li // with amended chambers layout within
__~ existing building.
Base Estimate I 2,182,000
$
ADD: Construction Work inc carpet 32,000
New seating and dais 27,000
New sound system 25,000
New ceiling 14,000
New A/C work 12,000
New decoration 6,000
Remove existing columns and
Add new beam and columns. 12,000
128,000
,Contingencies 7,000 135,000
TOTAL $2,317,000
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(5) As per Alternate Design Option No. 1 but with
amended chambers extended West by 25'-0".
Base Estimate 2,182,000
$
ADD: Construction Work 45,000
New Seating and Dais I 30,000
New Sound System 25,000
New Ceiling 14,000
New A/C work 12,000
New decoration 6,000
New extension to West 95,000
$ 227,000
Contingencies 13,000 240,000
TOTAL $ 2,422,000
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(6) As per Alternate Design Option No. 2 but with amended
Chambers within existing space.
$
A.D.O. 12 2,172,000
ADD Additions as per A.D.O. #4 135,000
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TOTAL $ 2,307,000
(7) As per Alternate Design Option No. 2 but with amended
Chambers extended West by 25'-0".
$
, A.D.O. 12 2,172,000
ADD Additions as per A.D.O. 115 240,000
TOTAL $ 2,412,000
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(8) As per Alternate Design Option No. 3 but with amended
Chambers within existing space.
$
A.D.O. 13 2,182,000
ADD Additions as per A.D.O. 114 135,000
.
TOTAL $ 2,317,000
, (9) As per Alternate Design Option No. 3 but with amended
Chambers extended by 25'-0" West.
$
A.D.O. 13 2,182,000
ADD Additions as per A.D.O. 115 240,000
TOTAL $ 2,322,000
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(7)
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SCHEDULE OF OPTIONAL ITEMS WHICH MAY BE AT COMMISSION'S
DISCRETION TO A.D.O.'S 1 THROUGH 9.
$
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1) Colonnade 185,000
2) Parking to North 104,000
3) Visual Presentation 129,000
4) Lock Block paving to arcade 12,000
5) Complete new telephone system 81,000
6) Paging System 6,000
, 7) Energy conservation System to
Existing building -shared system Option 26 10,000
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[ITY DF DElRAY BEA[H ,
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CITY ATTORNEY'S OFFICE 310 S,1'. 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243,7090 TELECOPIER 407/278-4755
~ mMORANDUM
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Date: Apri.! 10, 1989
To: City Commission
Walter O. Barry, City Manager
From: Herbert W. A. Thiele, City Attorney
Subject: Receipt of Settlement Offer Regarding Unisys Computer Matter
The City Attorney's Office has been preparing materials to commence litigation
in regard to the Unisys computer matter (being the Burroughs/Unisys
, Computer System that is not in accordance with the required specifications for
the Delray Beach Police Department).
In conjunction with the litigation preparation, the City Attorney's Office has
conducted lengthy discussions concerning settlement, both in written form,
over the telephone, and in person with the attorneys representing Unisys
Corporation. As a result of these discussions, the Unisys Corporation has
now made a firm settlement offer to the City to resolve our dispute.
This settlement offer is in the sum of $202,500.00, which sum would be paid
at a date designated, including a negotiation for the date when all of the
equipment as listed in schedules previously prepared would be returned to
Unisys.
The City Attorney's Office in conjunction with the Police Department and the
Information Resources Management Department have reviewed and had pre-
pared lists of costs with regard to the Unisys matter. While we believe that
the amount of monies expended by the City with regard to this not properly
functioning computer system are far in excess of the settlement figure being
offered, and further while we had hoped to receive a settlement figure
approximately in the $240,000.00 range, this is apparently the bottom line
settlement offer that Unisys is prepared to make at this time.
We have placed this matter on your regular City Commission agenda for
Tuesday, April 11, 1989 for your further consideration.
Since this is a matter which will result in litigation if this settlement offer is
not accepted by the City, we have not provided you with detailed analyses in
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r:ity Commission
Walter O. Barry, City Manap,-er
April 10. 1989
Page 2
this written memorandum. If you would like such information in advance of
the City Commission meeting, please contact me personally or the members of
the Delray Beach Police Department and the Information Resources Management
Department who are familiar with this matter.
IT'
HT:ci
Attachment
cc Chief Charles Kilgore, Delray Beach Police Department
Richard Zuccaro, Data Processing Director
Frank Deering, Internal Auditor
Major William Cochrane, Delray Beach Police Department
Captain Albert Melis, Delray Beach Police Department
Tina Lundsford, Director of Police Information Services
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CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
April 11, 1989
7 P.M. AMENDMENT 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.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
30A. DEFAULT ON BID ACTION: Commission direction reo Ralph Osborn,
Inc. 's failure to execute contract for AlA Beach Wall restoration
project.
30B. APPROVAL OF APPLICATION FOR EMERGENCY SHELTER GRANT: Approval
of application for funding for Aid to Victims of Domestic Assault
Inc. , in the amount of $80,000.
. .
[ITY DF DELAAY BEA[H
100 NW 1s! AVENUE DEI.RAY BEACH, f.=.LORIDA 33444 305/243-7000
M E M 0 RAN DUM
TO: ? Walter O. Barry, City Managel" V
THRU: \ John W. Elliott, Jr. , Assistant City Manager/
Management Services
FROM: Joe Weldon, Director of Parks & Recreation ~
Ted Glas, Purchasing Director ~~
DATE: April 10, 1989
SUBJECT: Documentation - City Commission Meeting-
April 11, 1989 - Cancel & Re-award Contract-
Bids on A-1-A Beach Wall Restoration. Bid 1189-16
Item Before Citv Commission:
The City Commission is requested to cancel award to Ralph
Osborn, Inc ~ , and to re-award contract to second low bidder
B . K . Marine Construction, Inc. for $55,543. Per the Budget
Office, the additional funding for this project will come
from the Fund Balance - Beach Restoration Fund.
Backaround:
On January 10, 1989, Commission awarded this project to the
low responsive bidder, Ralph Osborn, Inc. for the amount of
$39,980. This bidder is in default for not signing
contracts and submitting bonds, per attached memorandum from
Assistant City Attorney.
The second low bid was submitted by B. K. Marine
Construction, Inc. for $55,543. This contractor states
their bid price is still firm if the City decides to award
to them.
Engineering's estimate for this project is $50,000.
Recommendation:
( 1 ) It is recommended that the contract with Ralph Osborn,
Inc. be cancelled, and that the City Attorney pursue the
possibilities of liquidated damages for breach of contract.
(2) It is fu rthe r recommended that the contract be
re-awarded to the second low bidder, B. K. Marine
Construction, Inc. , for the amount of $55,543., with funding
from Fund Balance - Beach Restoration Fund.
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Attachments:
Tabulation of Bids
Memorandum from Assistant City Attorney
pc Robert Barcinski~
Yvonne Kincaide
30A
THE EFFORT ALWAYS MATTERS
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[ITY DF DELARY BEA[H
CITY ATTORNEY'S OFFICE' 310S.E.lstSTREET,SU~E4; DELRA Y BEACH. FLORIDA 33483 305/243.7090
:.IF.MORANDUM
Date: Jo.pril 5, 1989
To: City Commission
Walt.er O. Barry, City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: AlA BEACH WALL RESTORATION-BID NO. 89-16
On December 14, 1988, the Purchasing Department received bids
for the above-referenced project. Ralph Osborn, Inc. t~ntered a
bid of $39,980.00 and B.K. Marine Construction entered a bid of
$55,543.00.
The City Commission, at their meeting of January 10, 1989, ,
approved the award of the contract t.O the low bidder, Ralph
Osborn"...Inc. Ralph Osborn, Inc. was notified of the award by
letter dated January 31, 1989. The contractor was advised that
he was to submit executed contracts to the Purchasing Depart-
ment on or before February 15, 1989. On several occasions, the
Purchasing Department and Joe Weldon, Director of Parks and
Recreation, tried to contact P.alph Osborn, Inc. because they
had. not received the executed contract documents by February
15, 1989.
On March 6, 1989, a certified lett~ was sent advising the
~ontractor that if the City did not hear from them by March 10,
1989, the City may start default proceedings. On March 10,
1989 Purchasing received a call from a representative of Ralph
Osborn, Inc. advising that they would execute the contract
documents on March 14, 1989. However, this did not occur
despite phone calls on March 15, 1989 and another certified
letter on March 28, 1989 which was returned unclaimed. As of
this date, the Purchasing Depart~ent has not received the
executed documents nor received any response from Ralph Osborn,
Inc.
The bid documents required a bid bond or cashier's check for 5%
of the contract amount. A cashier's check was received by the
City in the amount of $2,000.00, which pursuant to the Invita-
tion to Bid, which is a part of the contract, may be retained
by the City as liquidated damages in the event of a default.
.
City Commission
Walter o. Barry, City Manager
April 5, 1989
Page 2
In addition, the Invitation to Bid .in Paragraph 13 indicates
that t.he signed bid represents an offer which shall be
considered accepted upon approval of the City Commission, and
in the event of default on the part of the bidder, after
acceptance by the City, the City may take legal action for
da~ages or specific performance or as previously indicated may
keep the $2,000.00 cashier's check as liquidated damages.
Therefore, at this time, our office requires that the Ci ty
Commission give us direction on whether we should accept the
$2,000.00 as liquidated damages in full settlement of this
matter or to pursue legal action to sue for damages or specific
performance. The amount of damages the City could expect to
collect if it prevailed in a law suit for breach of contract
'Nould, according to the contract, be the difference in the
amount it would take to procure the necessary services from '
other sources and the bid submitted by Ralph Osborn, Inc.,
which could range anywhere from zero to approximately
$15,000.00.
Please place this matter on an upcoming City agenda for City
Commission direction.
Should you have questions or concerns regarding this matter,
please do not hesitate to contact our office.
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April 6, 1989
MEMORANDUM
TO: WALTER O. BARRY, CITY MANAGER
THRU: FRANK R. SPENCE, DIRECTOR, DEVELOPMENT SERVICE
FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~
RE: CERTIFICATION OF APPROVAL/EMERGENCY SHELTER GRANT APP.
AID TO VICTIMS OF DOMESTIC ASSAULT, INC.
We were visited by the Exective Director Sally Belson and her
staff person Mary Jane O'Brien today regarding their efforts to
submit an application for funding under the State Administred
Emergency Grant Program. The State requires that Certification
of Approval by the Local Government be included with the
, application request. This certification provides identification
of local support for the Agency. Ms. Belson will attend Tuesday
night's Commission meeting and will request such support from the
Commission during the public comment part of the agenda.
I've drafted a letter which meets the requirements of the State
for the Mayor's signature should the Commission provide a
consensus posi tion of support to AVDA for this funding request.
The agency must have their application into the State office by ~
April 17, 1989.
B:AVDA.WOB/LD2
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CITY DF DELRAY BEACH
100 N,W. 1st AVENUE DE LRA Y BEACH, FLQA IDA 33444 407/243,7000
April 6, 1989
Sally Belson
Executive Director
Aid to Victims of Domestic Assault, Inc.
P.O. Box 667
Delray Beach, FL 33447-0667
RE: Certification of Approval
Emergency Shelter Grant Application
. Dear Ms. Belson:
I, Doak S. Campbell, Mayor of the City of Delray Beach, being
duly authorized to act on behalf of the City Commission of Delray
Beach, Florida, hereby approve the submission of your application
, for funding under the State Administered Emergency Shelter Grant
Program. Your request for $80,000 will allow the much needed
expansion of this facility to accommodate additional clients.
The City is aware of your existing waiting list and support your
effort to increase capacity.
The City is pleased to have Aid to Victims of Domestic Assault,
Inc., a private, non-profit organization, located in Delray Beach
providing the much needed services of emergency shelter, 24-hour
hotline, counseling, in forma tion, referral and other social
training services. We agree that the best way to improve your
current services is to add additional beds.
Please feel free to contact the City if we may assist further in
your efforts to receive funding under this program.
Sincerely,
Doak S. Campbell
Mayor
City of Delray Beach, FL
B:AVDA.DC/LD2
THE EFFORT ALWAYS MATTERS
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RESOLUTION NO. 18-89
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THE 16 FOOT WIDE NORTH/SOUTH ALLEY
LYING WITHIN BLOCKS 51 AND 52, OF THE PLAT OF
THE TOWN OF LINTON, FLORIDA, AS RECORDED IN
PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, PROVIDING FOR A
CONDITION TO WHICH SAID VACATING AND ABANDON-
MENT IS SUBJECT.
WHEREAS, the City of Delray Beach, Florida, is the
fee-simple owner of all of Blocks 51 and 52, of the Plat of the
Town of Linton, Florida, as recorded in Plat Book 1, Page 3, of
the Public Records of Palm Beach County, Florida, and,
WHEREAS, the Ci ty of Delray Beach, Florida, has made
application for abandonment of the 16 foot wide north/south alley
lying within Blocks 51 and 52, of the Plat of the Town of Linton,
Florida, as recorded in Plat Book 1, Page 3, of the Public
Records of Palm Beach County, Florida, and,
WHEREAS, the City Commission of the City of Delray
Beach, Florida, finds that its interest in the described property
is no longer needed for the public good and deems it to be in the
best interests of the City of Delray Beach to vacate said 16 foot
wide north/south alley lying within Blocks 51 and 52, of the Plat
of the Town of Linton, Florida,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177, Section
177.101(5) and Chapter 166 of the Florida Statutes, it is hereby I
determined to vacate and abandon all right and interest it holds
to the following described real property: I
I
,
The 16 foot wide north/south alley lying I
within Blocks 51 and 52, of the Plat of the
Town of Linton, Florida, as recorded in Plat
Book 1, Page 3, of the Public Records of Palm
Beach County, Florida.
Containing 0.39 acres, more or less.
Section 2. That this abandonment is expressly subject
to dedication of required easements for existing utilities, to be
incorporated with the final plat for the City Hall expansion
project.
PASSED AND ADOPTED in regular session on this the
day of , 1989.
MAYOR
ATTEST:
City Clerk
31
RESOLUTION NO. 19-89 I
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
<;hapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
~nances; 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
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:
32-
I
Section 1. That assessments in the amount of Sl.577.50
as shown by
t e report of the C~ty Manager 0 the 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 parcel (s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner 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 e ffecti ve 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 11th day
of April , 1989.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 19-89
NCYl'ICE OF ASSESSMENl'
~..~ /h /;{ P?
Date
TO: J. Reeve BrilZht
ADDRESS : 32 E. Atlantic Avenue, Delray Beach, Fl 33444
PROPERTY : 32 E. Atlantic Avenue, Delray Beach, Fl 33444
LEGAL DESCRlPl'ICN: W23.33' of Lot 2 and E21.67' of Lot 3 leRR 514'. Blork 6g Tnwn
of Delray according to Plat Book 2, Page 43 of the official records of Palm Beach
County, Fl.
You, as the record owner of, or holder of an interest in, the above-described
property are hereby advised that a cost of $1,577.50 by resolution of
the City Council of the City of Delray Beach, Florida, dated y'. 'L 1/ ,
19.ti, 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 written notice on 3-25-88
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 to
be taken to raredy that unsafe condition and of the time within which the raredial
action was required to be taken.
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.
x You appealed the decision of the building official to the
Board of Construction Appeals. You were given written
notification on 5-19-88 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.
The City of Delray Beach has therefore taken raredial action to rEmJVe the
unsafe condition existing on the above-described property on 1-12-89
at a cost of $1. 577. 'i0 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 Wilding official.
BY ORDER OF THE CITY CCXlOCIL.
.
.,{ 7 ~d ~4' ~,.
City Clerk
RESOLUTION NO. 20-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL RAY
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 wi thin 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:
~3
I
Section 1. That assessments in the amount of $1. 952.50 I
One thousand nine hundred fifty two and 50/100 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
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 parcel (s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner 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 11th day
of 2).p,..il , 1989.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 20-89
, .
NOI'ICE OF ASSESSMENT
1f'-~:L /~ / ~rp
Date
'10: J. and Maria Urdialez
ADDRFSS : 1107 SW 7th Avenue, Delray Beach, Fl 33444
proPERTY: 1107 SW 7th Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPl'ICN: N35' of Lot 3, Block D, Ridgewood Heights according to Plat Book
. 14, Page 44 of the official records of Palm Beach County, Fl.
You, as the record owner of, or holder of an interest in, the above-described
property are hereby advised that a cost of $1 Q'i? 'i0 by resolution of
the City Council of the City of Delray Beach, Florida, dated ~. ~.~ // ,
19l:!L, has been levied against the above-described property.
i
The costs were incurred as a result of a nuisance abatenent action regarding'
the above-described property. You were given written notice on 10-24-88
that the building official has detennined that a building located on the above-
described property was unsafe. You were advised in that notice of the action to
be taken to raredy that unsafe condition and of the tirre within which the ranedial
action was required to be taken.
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 appeal and of the procedures for obtaining
appeal. You have also failed to take the co=ective 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 co=ective 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.
The City of Delray Beach has therefore taken raredial action to rencve the
unsafe =ndi.tion existing on the above-described property on 1-30-89
at a cost of $1,952.50 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 building official.
BY ORDER OF THE CITY axK::IL.
~~_'L.d.. ~t--h.
City erk
.
RESOLUTION NO. 21-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
I. 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 hereo::', 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
~Ublic welfare pursuant to Chapter 165, of the Code of Ordinances
escribing 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 FOLLOl'lS:
~t
Section 1. That assessments in the amount of $3,272.50
Three thousand two hundred s~vpnry rwn F~~ 5p/~~p as shown by
the report of the City Manager of the C~ty 0 . e ray 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. i
I
Section 2. That such assessments shall be legal, valid and I
binding obligations upon the property against which said assessments are I
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 11th day
of April , 1989.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 21-89
NanCE OF ASSESSMENT
~/'- J 'L /~ / ~ F ?
Date
ill: Madeline S. Santiago c/o Hermelinda Santiago
ADDRESS: 409 NW 7th Court, Boynton Beach, Fl 33435
PROPERlY: 1105 SW 7th Avenue, Delra Beach, Florida 33444
LEGAL DESCRIPTION: E41' of Lot 2, Block D, Ridgewood Heights according to
Plat Book 14, Page 44 of the official records of Palm Beach County, Florida.
You, as the record owner of, or holder of an interest in, the above-described
property are hereby advised that a cost of $3,272.50 by resolution of
the City Council of the City of Delray Beach, Florida, dated y. ,'~ // ,
19.tt., has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action regarding
the al;ove-described property. You were given written notice on 10-24-88
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 to
be taken to renedy that unsafe condition and of the tine within which the renedial
action was required to be taken.
x You failed to appeal the decision of the building official to
the Board of Construction Appeals although you were infonred.
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 co=ective action required by the decision of
the Board of Construction Appeals within a stated period of
tine. You failed to take the action as required by the order
of the Board of Construction Appeals.
The City of De1ray Beach has therefore taken renedial action to renove the
unsafe condition existing on the above-described property on 1-30-89
at a cost of $3,272.50 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 building official.
BY ORDER OF THE CITY COUNCIL.
~7.L'/"7' 1;~ -",
City lerk
C I T Y COM MIS S ION DOCUMENTATION
TO: WALTER O. BARRY, CITY MANAGER
?---< ~
VIA: RANK R. SPENCE, DIRECTOR
D VELOPMENT SERVICES GROUP
~V::~J~u~
FROM: AV D J. OVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 11, 1989
ACCEPTANCE OF EASEMENT DEED ** CONSENT ITEM**
LAGO DEL RAY SEWER MAIN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
accepting an easement deed.
BACKGROUND:
This deed provides an easement so that the City can maintain an
existing sewer main. The need for the easement was discovered
during the processing of the Hidden Lakes Subdivision. Obtaining
this easement was an obligation placed upon the developer of the
Hidden Lakes project.
PLANNING AND ZONING BOARD RECOMMENDATION:
P&Z consideration of the easement deed itself is not required.
However, the need for the easement was a condition of approval of
the Board action on the Hidden Lake Subdivision preliminary plat.
RECOMMENDED ACTION:
By motion, Acceptance of the easement deed.
DJK/cm
Attachment:
- Easement deed
REF/DJK#4l/CCEASE.TXT
3S'
-
EASEMENT DEED
J'!''a ~BlI\:i~.fgs8ei4.~f6W 24th day of January , 1989, by and between
LAGO DEL REY NOR 0 .-._
, partIes of the fIrst part, and the CITY OF
DELRA Y BEACH, a Florida municipal corporation in Palm Beach County, State of
Florida, party of the second part:
WITNESSETH: That the parties of the first part, for and in consideration of
the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand
paid by the said party of the second part, the receipt of which is hereby acknowledged,
does hereby grant, bargain, sell and release unto the party of the second part, its
successors and assigns, a right of way and perpetual easement for the purpose of:
"(see below) with full and free right, liberty, and authority to enter upon and to
install, operate, and maintain such facilities under, across, through and upon,
over, under or within the following described property located in Palm Beach County,
Florida, to-wit:
EASEMENT
As set forth in Schedule A attached hereto and made a part thereof.
*installing, constructing, operating, repairing, maintaining, rebuilding,replacing,
relocating, and removing municipal sanitary sewer facilities or utilities of any
kind for the benefit of the public.
Concomitant and coextensive with this right is the further right in the party
of the second part, its successors and assigns, of ingress and egress over and on that
portion of land described above, to effect the purposes of the easement.
That this easement shall be subject only to those easements, restrictions,
and reservations of record. That the parties of the first part agree to provide for the
release of any and all mortgages or liens encumbering this easement. The parties of the
first part also agree to erect no building or effect any other kind of construction or
improvements upon the above-described property.
Parties of the first part do hereby fully warrant the title to said land and
will defend the same against the lawful claims of all persons whomsoever claimed by,
through or under it, that it has good right and lawful authority to grant the above-
described easement and that the same is unencumbered. Where the context of this
Easement Deed allows or permits, the same shall include the successors or assigns of the
parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands
and seals the day and year first above written.
PARTIES OF THE FIRST PART
LAGO DEL REY CONDOMINIUM ASSOCIATION, INC.
.-- ai~rr;--,&ik:e;,,~---
Albert Feldman, President
STA OF FLORIDA
COUNTY OF PALM BE
I HEREBY CERTIFY that on this day, before me, an officer authorized in
the State and County aforesaid to take acknowledgments, personally appeared
t24~~. ;;e~......../ , well known to me, and they acknowledged executing the same.
/' WITNESI hand and official seal in the County and State last aforesaid
this c;V - day of '-"'^"".'~, , 19l'i-.
- iJ ,7 ,
"4v ;}uc../vv . ' _
Notary Pu c, State of Florida at Large --
-
My Commission Expires: -
-
_URf PlIBLIC srI-TO ~F r:m.mR
ft COrrnnjSI(,:~ up. e;'~v ~1, 1=S~ --
ICrrn::~ rm,!'! €:~.':...q,. 11.':;. i:::~i.
-----
I . -
r.. ~ ';'''-<:T''- ~ l ne,.CI2-, "..' DN 0" u,.,~ ''''f ~""
. PARAMOlNT ENGINEERING GROUP
4400 N. FEDERAL HWY. SUITE 121 PROJECT' I L _ .
BOCA RATON FL. 33431 '395-7805 I HIt>C>~ o-.~~ F.B, PG.I
LEGAL DESCRIPTION: Commencing at the N,W. corner of "LAGO DEL REY PLAT II A"
,as recorded in Plat Book 39, Page 170 of the public records of Palm Beach
County, Florida, thence, run West along the North line of said Plat ~
distance of 395.75'to the Point of Beginning, thence, continue West 16.25',
~ thence, S.53"07'48"E. 13', thence, N.36052'02"E. 9.75' to the Point of
,
" Beginning. .
\J
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A'fIN BY: "'B I CHECKED BY: M.l:..~. /
REVIS/ON DATE BY
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"'''ons shown ar. b...d on Nation.' y./'" /
;ldnic Vmico/ D~tum.. , .--,. ' ,/
'0" The ...... It no, .olid unle.. ,eoJ.d MAR~RY
wy Wit not .bnnc:ted for Right-of. with m etrboned SU"vt'WI"I .eaI. Reaiutled LaM 11:.."'......_ u... d.__
V aM/l'lr c:.~._....f_ _, ....__~
C I T Y COMMISSION DOCUMENTATION
TO: WALTER O. BARRY, CITY MANAGER
~~~
VIA: FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
t ' ~~~
FROM: ID J. K VACS, DI~CTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 11, 1989
FINAL PLAT, HIDDEN LAKE SUBDIVISION ** CONSENT ITEM**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval of a final subdivision plat.
The action of the Commission is final. The next step
in the development phase is that of building permits.
BACKGROUND:
Hidden Lake is proposed as a 72 lot, zero lot line, single family
development. It is located on the west side of Homewood
Boulevard.
The City Commission viewed this project in August, 1988, at which
time it approved the site and development plan. The preliminary
plat was approved by the Planning and Zoning Board in October,
1988. That approval was subject to conditions, each of which has
sUDsequently been satisfactorily addressed.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board reviewed the Final Plat on November 21, 1988, and
certified it as acceptable. However, prior to consideration by
the City commission legal matters between this project and Lago
Del Rey (to the south) needed to be resolved. Those items have
been resolved. These m~tters are fully described in the Board's
staff report which is provided.
RECOMMENDED ACTION:
By motion, Approval of the final plat of the Hidden Lake
Subdivision.
DJK/cm
Attachment:
- P&Z Staff Report of November 21, 1988, :!-t 'tint I~.p. ~.
REF/DJK#4l/CCHIDDEN.TXT
3fo
PLANN I NG B ZONING BOARD
CITY OF DEL RAY BEACH
--- STAFF REPORT ---
MEETING DATE: NOVEMBER 21, 1988
AGem ITEM: IV. G
CONSIDERATION OF FINAL PLAT APPROVAL FOR HIDDEN LAKE SUBDIVISION LOCATED
ITEM: ON THE WEST SIDE OF HOMEWOOD BLVD., BETWEEN HOMEWOOD LAKES AND LAGO DEL RAY
.
SUBDIVISIONS.
.
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LAGO DEL RAY @
PLAT II-A
BK.39, PG.170 !
GENERAL DATA:
Owner.......................... .N.1Itlwl Killer
Agent...........................Larry M. SChne1der, AlA
CUrrie, SChneider and A..ociates
AlA. PA
Developer.......................N.than Miller
Loc.tlon........................We.t 81de of Homewood Blvd.
between Homewood Lake.
SuIlcI1v1a1on .nd Lago Del Ray
Property .1ze...................14.32 Acre. (623,770.2 Sq. ft.)
C1ty L.nd Use Pl.n..............MF-10 (Multiple Fam1ly-I0 un1t.1
acre)
City Zoning.....................PRD-7 (Pl.nned Re.1dent1.l-7
units/acre)
Adj.cent Zon1ng.................North of .ubject property i.
zoned RM-6(Mult1ple Family
Re.1dent1.l). South 1. zoned
RM-I0. &O.t 1. zoned R-1AA
(S1ngle Fam1ly Re.1dent1.l) .nd
West 1. zoned a-1A.
Existing Land Use...............Vac.nt Land
Proposed Land U.e...............A 72 81n91e family zero lot l1ne
development.
Water Servlce...................Exl.tlnq 8" water main on the
south 81de of Ca.. Way and alon9 ITEM: \~. 12\
HomewoacS Blvd.
Sewer Servlce...................Exi.tin9 8" .anitary sewer line
.nd 11ft n.t10n loc.ted along
Ca.. Way.
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[Iry DF DELRAY BEACH
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M E M 0 RAN DUM
TO: Walter O. Barry, City Manager
THRU: John W. Elliott, Jr., Assistant City Manage~~
Management Serv~ces
FROM: Ted Glas, Purchasing Director ~
DATE: March 29, 1989
SUBJECT: Documentation - City Commission Meeting
April 11, 1989 -
Sale of Police Confiscated Vehicles
Item Before Citv Commission:
The City Commission is requested to approve the sale of
three (3) confiscated vehicles by public auction to be held
jointly wi th the City of Boca Raton on May 6, 1989.
Backqround:
The City of Boca Raton Police Department has confiscated
vehicles and a 32' yacht to be sold by auction. The City of
Delray Beach has three confiscated vehicles to be sold.
Other cities and county governments were contacted to join
us in a co-operative auction of confiscated vehicles,
however none have these more expensive type, vehicles to
sell, at this time. However, in the future, other cities
may join us in a large auction of confiscated items.
The auction will be held May 6, 1989 at the City of Boca
Raton City Hall parking lot.
The list of vehicles from the City of Delray Beach Police
Department is , as follows:
Year Make ~ Model ~
1972 Bentley. 4 dr., "T" Type, Blue SBH 13563
1984 Mercedes Benz, 4 dr., Gray WDB1260361A027062
1987 Mercedes Benz, 2 dr., Red WDBBA48DXHA056634
Recommendation:
Staff recommends approval of a joint public auction with the
City of Boca Raton for the disposal of these vehicles to be
held May 6, 1989 in the City of Boca Raton.
Attachments:
Memorandum of Request
pc Elizabeth Arnau
Chief Kilgore
Robert Savage
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THE EFFORT ALWAYS MATTERS
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Delray Beach Police Department M~~~
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300 West Atlantic Avenue . Delray Beach, Florida 33444-3666
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(407) 243,7888 CHARLES KILGORE
MEMORANDUM Chief of Police
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TO: John Elliott, Assistant City Manager '-"'J IVED
Management Services Group /'"
. . 1 3
89
FROM: Charles Kilgore, Chief of Police
Ted Glas, Purchasing Director
DATE: March 13, 1989
SUBJECT: SALE OF CONFISCATED VEHICLES
The Police Department and the Purchasing Department are
recommending that the below listed vehicles be sold to the
highest bidder by public auction to be held jointly with the
City of Boca Raton. The Boca Raton Police Department also
has confiscated vehicles and a 32 foot boat which are to be
sold.
Tentative plans are to hold the auction in Boca Raton on May
6, 1989. The auctioneer currently contracted by the City of
Boca Raton will conduct the auction, and both cities will -
equally share the advertising and auctioneering expenses.
. .
Other' cities and county government were contacted to join us
in this auction, but none have these more expensive type
vehicles to sell, at this time. However, in the future,
other cities may join us in a large auction of confiscated
items.
~ MA.ls..e. i. Model SiN
1972 Bentley, 4 dr., -T- Type, Blue SBH 13563
1984 Mercedes Benz, 4 dr., Gray WDS1269361A927962
1987 Mercedes Benz, 2 dr., Red WDBBA48DXHA956634
Respectfully submitted,
, ~d
~
CHARLES KILGO TED GIAS
Chief of Pol! e Purchasing Director
gb
cc: Elizabeth Arnau - De~ay Beach City Clerk
Caroline Westfall - Boca Raton Purchasing Agent
,
[ITY DF DELRAY BEA[H
1 O'~; ,v. ,:... \il.;.;~':': 'h:{-\',' !:;':/'.(,H, Ft.OR.Cj':- :<,44: ';1'" /:~ ,'()CI;
MEMORANDUM
TO: Walter O. Barry, City Manager
,..
FROM: John W. Elliott, Jr., Assistant City Manager/ :}{)Jt;:.. (5i-.
Management Services
DATE: April 6, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
APRIL 11, 1989 - BID AWARD - BODY WORK REPAIRS
Item Before City Commission:
City Commission is requested to award a contract for vehicle body work
repairs to the low bidder, Dan Burns Oldsmobile, Inc., at an hourly rate of
$21.90, and 18% off for parts, for one (1) year, and that the City Manager
be authorized to renew contract for two (2) additional one (1) year peri-
ods, subject to vendor acceptance, satisfactory performance and if in the
best interest of the City. Funds to come from user departments line item
for Repair and Upkeep - Automotive.
Background:
This Bid originally was scheduled for the January 24th meeting. It was
pulled at the request of Commissioner Jimmy Weatherspoon who questioned why
Byrd's Paint and Body Shop was not included. Staff review of this question
shows Byrd's Paint and Body Shop did not meet the necessary criteria to
receive bid request (see attachments).
Invitations to bid were mailed to six (6) Delray Beach body shops. Two (2)
firms submitted bids. Prior to this bid the City has been paying an
average of twenty six (26) to thirty five (35) dollars per hour for re-
pairs, without a substantial discount on parts. Bid tabulation attached
for your review.
Recommendation:
Staff recommends award of bid to low bidder, Dan Burns Oldsmobile, Inc., at
a hourly rate of $21.90, with 18% off of retail, with funds charged to the
user department from line item 33.35 - Repair and Upkeep - Automotive.
JWE:sk
attachments
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M E M 0 RAN DUM
. TO: Robert A. Barcinski, Assistant City Manager/
Management Services
FROM: Ted Glas. Purchasing Director d"#'
DATE: December 21, 1988
SUBJECT: Bids on Body Work Repairs - Bid #89-13
\.
Invitations to Bid were mailed to six (6) Delray Beach bOdy
shops on Nove~ber 14, 1988. A legal advertisement was
placed in the Palm Beach Post on November 18, 1988.
Two (2) firms submitted bids for the December 9, 1988 bid
opening. A" Tabulation of Bids is attached for your review.
Following staff analysis and review, it is recommended that
the annual contract for vehicle body work repairs be awarded
to the low bidder, Dan Burns Oldsmobile, Inc. per their bid;
and per the specifications, the City Manager be 'authorized
to renew the contract' for two additional one (1) year
periOds, subject to.vendor acceptance, satisfactory
performance, and determination that renewal is in the best
interest of the City.
Per the Fleet Manager, the City spends approximately
$20,000. annuall~ for bOdy work repairs.
"
Per the Budget Office, funding for the service is in the
various departments operating budgets (33.35 - Repair &
Upkeep- Automotive). I
Attachments:
Tabulation of Bids
Memos from Oirecto~ of Fleet & Facility Management
pc Yvonne Kincaide
Robert Savage
Lee Graham
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M E M 0 RAN 0 U M
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TO: Lee Graham
Direc.tor o~ Risk l'1anaClelll(~nt
>ROM~ Robe" ,. S.v.oo
D1rector of Fle~t "r,d F''''i.l.it.v f1an i"1or.:-!'men t
DATE: December 19. 1988
SUBJEC" : Blj4Y .Y,lpm:, ,LmJJRqc;:} vi I TH. D(~I:i ,BURNS, OLVSI'l.OB) l,.E
1 have sent a recommendation to Ted Glas for the a,.ard of a
contract to Dan Burns Oldsmobile. Inc. for' bodv' reoai.,.' for " 11
Citv vehicles. As you know. we have beerl oavinQ Some very steeL>
hourly rates arld little Or no diScount on carts fo,' OLlr bod"
reOC',i r work~. This contract locks Oarl Burns OldsmDbile into an
hourlv rate of $21.90/hour, and a part!:'> discol,mt of 18Y. off r;4
ret~i.l. It stipulates that all estimates ar'e to be c.dcul..teIJ
Ltsino the Motors Crash Estimator. and t1rovides fo," our usino an
indeoendent adjuster to verifv the accuracy of anv estimate. 1
-feel that we w1ll be cettinc a better Qualitv re-[)ai,., ,as thE' shoo
at Dan Burns Oldsmobile.has hichly cualified techr'icians and the
!State of the art equipment.
Please advise me as to the or'ocedu.,.. for a(:Qu~rj,nQ estin~ates
in the case of an acc1dent involvinc a non-C1tv vehicle. Do Wt~
need to obtain several estimates? Should we imolement a F'ol icy
and Procedure to address this?
RES/res
cc: Ted Glas
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M E M 0 RAN 0 U M
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TO: reCl Glas
Purchasing D1rector
"0"'$ "cOO", ,. 'mo.
U.rector 0+ Fleet anCl ~ac'l.ty Management
DAlE: Decembe.' 16. 1988
SUBJECT: REC;:OMr<1!;~,Qf:lJ1.g~ f i;LR AWARP .QE .BJ;!D,Y!'lQRIL~}.D-=..,PAN BURN?
I have reviewed the tabLllation of bids; Bid No. #89-1 :::. for
bod" work reQ8J. r"s and find the bid submitted by Dan BLlrns
Oldsmobile. Inc. to be verv favorable to the interest of the
Citv. F'rJ.or to this bid. the City has been pavino an averaae ot
$26.00 <~wentv-six dollars) to $35.00 <thirty-five dollars) per
hour fo,. bodv repairs. We have also beer. paying at or near list
price tor cd 1 body parts. I am ver'y mLleh in favor of enterinu
J.nto a contractual agreement with Dan Burns Oldsmobile. Inc:. for
all of Our body work repairs.
.
RES/res
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M E M 0 RAN DUM
TO: Walt.er O. Barry
City Manager
FRO~boct E. 50.,'0 ,
, ' Director of Fleet and Facility Management
THRU: ~obert. A. Barcinski
Assistant City Manager / Community Services .
DATE: March 17, 1989
SUBJECT: B.YJW'S-BDDLAt:clILPAINT SHOP
Byrd's body shop was not included on' the mailing list for
notification of a "Body Work Bid" because they do not meet the
minimum necessary criteria. The bid specification calls for
, cert.ain equipment t.o be on-site and for full compliance with all
applicable codes. Byrd's does not have a frame machine on-site,
This in itself did not, totally disqualify them from participa-
t,ion. but the code violation concerning their spray booth did,
Att,ached is n 1 et.t.er from t,he Fire Marshal informing Byrd's of
the need t.o inst,al1 an approved spray booth or be in violation,
I have followed up on the status of this violation notice and
find that Byrd's has not complied as of this date.
I suggest. that if Byrd's is seriously interested in doing
business with the City that it initiate a program to bring it's
premises into compliance with all applicable City codes, When
this has been completed, and they have been issued a clean bill
of health. the City will be interested in entertaining a working
relationship with them. Until such time, it would not be in the
best interest of the City to contract their services.
RES/res ~
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[ITY DF DELRAY BEACH "
RECEIVED 8V ,.::" :
IAAH , 6 89
FIRE DEPARTMENT ,
FLEET & FACILITY
MANAGEMENT KERRY B, KOEN
F;r~ ChitJf
AU~~\lst ~, 19H8
I
i~yrd I ~ hudy & Paint Shop
1135 ~ Atlantic Avenue
Delray Reach, Flor ida 13444
Dear Sir:
Pursuant to NFPA 33, 1985 Edition, Section 2-1, spray application using
flammable and combustible materials shall be confined to properly designed
and constructed spray booths. spray rooms, or properly designated spray areas.
Notice is hereby given that such operations in the City of Delray Beach
shall meet the requirements established in NFPA 33, 1985 Edition. A complete
, set of NFPA volumes has been established at the Delray Beach Library for public
reference. A permit is requ~red and plans for the spray booth, room or area
shall be submitted to the Building Department and subsequently routed through
the Fire Prevention Bureau for approval.
Subsequent to January I, 1989, as fire safety inspections are being made.
this letter 9hall have been considered legal notification in that spraying
of flammable and combustible materials without a properly constructed spray
booth, room, or area shall be considered a Code Violation and enforcement
measures immediately taken through the Code Enforcement Board.
If questioas.arise, please do not hesitate to call the Fire Prevention Bureau_____ -
at 243-7405, 243-7420, 243-7422, 243-7423, or 243-7424.
.- ~I#(!!-
Fire Marsh"l
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F IRE DEPARTMENT HEADOUARTERS . 101 WEST ATLANTIC AVENUE. DELRAY BEACH. FLORIDA 33444 . 4071243.7400
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MEMORANDUM
TO: Walter o. Barry, City Manager
FROM: John W. Elliott, Jr., Assistant City Manager/
DATE: Management Services ~..Q~
April 4, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - April 11, 1989
FLUORIDE CHEMICAL FEED EQUIPMENT - BID #89-40
Items Before City Commission:
The City Commission is requested to award a contract to the lowest respon-
sive/responsible bidder, Utilities Services, Inc. , in the amount of $62,500
for the installation of the Fluoride System at the City's Water Treatment
Plant. Funding for this work will come from account #441-5162-536-60.43,
(Water & Sewer Fund 1984 - Water/Sewer Construction - Raw Water Main).
Background:
Invitation to bid were mailed to thirty (30) suppliers and contractors on
February I, 1989. One contractor submitted a bid for the February 22, 1989
bid opening. The bid was submitted by Utilities Services, Inc. , for the
amount of $62,500. The Engineering estimate for this work is $60,000; the
bid is 4% over the Engineer's estimate.
A review of the limited response on this contract is due to the following:
l. Small monetary value of contract where most General and Mechani-
cal Contractors would not be interested because of their over-
head.
2. Specialized equipment installation.
3. Limited suppliers of specialized chemical feed equipment. All
ey.isring specialized chemical feed equipment at the Water Treat-
illent Plant has been supplied by Wallace and Tiernan. The pro-
posed Fluoride chemical feed equipment to be supplied by Utili-
ties Services, Inc., is also manufactured by Wallace and Tiernan.
4. A Bid Bond and Performance and Payment Bond was required for the
proposed contract to protect the City.
Bid information is attached for your review.
Recommendation:
Staff recommends award of contract to the lowest responsive/responsible
bidder, Utilities Services Inc., in the amount of $62,500, including the
noted "Exceptions to Specifications", per Post, Buckley, Schuh & Jernigan,
Inc.
JWE:sk
attachment
3% 6
THF EFFORT ALWAYS MATTERS
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M E M 0 RAN DUM
TO: John W. Elliott, Jr., Assistant City Manager/
Management Services
FROM: Ted Glas, Purchasing Director
DATE: March 2. 1989
SUBJECT: Bids on Fluoride Chemical Feed Equipment,
Bid #89-40 .
Invitations to Bid were mailed to thirty (30) suppliers and
contractors on February 1, 1989. A legal advertisement was
placed 1n the Palm Beach Post on February 1, 1989.
One contractor submitted a bid for the February 22, 1989 bid
opening, A Tabulation of Bids is attached for your review.
, The bid was submitted by Utilities Services, Inc. for the
amount of $62,500. The Engineer's estimate for this work is
$60,000. The bid is 4% over the Engineer'. estimate.
Following analysis and review, staff concurs with the
recommendation of Post, Buckley, Schuh & Jernigan, Inc. to
award this project to the only bidder, Utilities Services,
Inc. at a cost of $62,500.
Per the BUdget Office, funding for this work is available
from account #441-5162-536-60.43 (Water & Sewer Fund- 1984
W/S Construction- Raw Water Main).
~~
Ted Glas
Purchasing Directol'
Attachments:
Tabulation of Bids
Recommendation from Engineer
Recommendation from PUblic Utilities
pc Robert Barcinski
Yvonne Kincaide
Larry Martin
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MEMORANDUM
TO: Ted Glas
Purchasing Director
FROM: Larry Martin
Acting Director of Public' Utilities
SUBJECT: FLUORIDE EOUIPMENT BIDS
DATE: March 6, 1989
After reviewing the information concerning the installation of
the fluoride systems at our water treatment plant, I concur with
the recommendation of our consultant and approve the low bid of
Utilities Services, Inc. of Pompano Beach, FL. {n the amount of
. $62,500. This is within a reasonable range of the estimate of
the engineer.
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PO BUCKLEY. SCHUH l\.. JERNIGAN. INC.
1400 CfH1"Al"'kJC ItW I
SUlTtZOO
WlSf MI.M N)CH, fl.C>>JDo\ ))401
14(1)689-1275 _~.
March 1, 1989
Mr. Robert Barcinski, Assistant City Manager
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Re: Bid No. 89-40
Installation of Fluoride Chemical Feed Equipment
PBS&J Project No. 14-009.82
Dear Mr. Barcinski: .
City of Delray Beach advertised for public bids on the above
referenced project.
The Bid Opening was held on February 22, 1989, at 2:00 P.M. Only
one bid was received from Utilities Services, Inc. in the amount of
$62,500.00.
PBS&J's original cost estimate for this project was $60,000.00.
, ,
, A review of the bid and the "Exceptions to Specifications" has been
performed.
We recommend award of the Contract to the lowest r~sponsive/respon-
sible bidder, Utilities Services, Inc. in the amount of $62,500.00
including the noted Exceptions.
A review of the limited response on this contract is due to the
fOllowing:
1. Small monetary value of contract where most;General
and Mechanical Contractors would not be interested
because of their overhead. .'
2. Specialized equipment installation.
3. Limited suppliers of specialized chemical feed equip-
ment. All existing specialized chemical feed equip-
ment at the Water Treatment Plant has been supplied by
Wallace and Tiernan. The proposed fluoride chemical
feed equipment to be supplied by Utilities Services,
Inc. is also manufactured by Wallace and Tiernan.
4. A Bid Bond and Performance and Payment Bond was required
for the proposed Contract to protect the City.
We suggest that the City not issue a "Notice to Proceed" until the
Florida Department of Environmental Regulation issues their permit
and the City is in receipt of the Contractor's Insurance Certificate,
Performance and Payment Bonds. All of the preceeding are required by
the Contract Documents.
ENGINEERING. PLANNING. ARCHITECTURE
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If you have any questions, please call.
Sincerely,
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William H. Greenwood
Manager of Environmental Services
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WMG/nbrI4-009.82
cc: Larry Martin, Acting Director of Utilities
Ted Glas, Purchasing Director
Fred Biery
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MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: ~iobert A. Barcinski, Asst. City Manager/Community Services
DATE: April 4, 1989
SUBJECT: Documentation - City Commission Meeting - April 11, 1989
Post, Buckley, Schuh & Jernigan Proposal-Bidding Phase Services
Water Treatment Plant Expansion Project
ACTION
City Commission is requested to approve a proposal from Post, Buckley,
Schuh & Jernigan, Inc. to provide Bidding Phase Services for the
Water Treatment Plant Expansion Proj ect in an amount not to exceed
$ 27,128. Funding to come from account #441-5162-536-60.46.
BACKGROUND
Post, Buckley, Schuh & Jernigan, Inc. submitted a proposal to provide
bidding phase services for the Water Treatment Plant Expansion Project to
include the following services:
1. Assist City in advertising for and obtaining bids for construction,
materials, equipment and services; and, where applicable, maintain a
record of prospective bidders to whom Bidding Documents have been
issued, attend pre-bid conferences and receive and process deposits
for Bidding Documents.
2. Issue addenda as appropriate to interpret, clarify or expand the
Bidding Documents.
3. Consult with and advise City as to the acceptability of
subcontractors, suppliers and other persons and organizations
proposed by the prime contractor(s) for those portions of the work as
to which such acceptability is required by the Bidding Documents.
4. Consult with City concerning and determine the acceptability of
substitute materials and equipment proposed by prime contractor when
substitution prior to the award of contracfs is allowed by the
Bidding Documents.
5. Attend the bid opening, prepare bid tabulation sheets and assist City
in evaluating bids and in assembling and awarding contracts for
construction, materials, equipment and services.
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Miscellaneous Construction Contract Administration Services
Post, Buckley, Schuh & Jernigan, Inc. shall perform miscellaneous
construction contract administration services as requested and authorized
by the City on an as needed basis. General Administration of the
construction contract may include the following:
l. Attend preconstruct ion conference.
2. Attend meetings with City and contractor.
3. Conduct telephone consultations with City, contractor and Redldent
Project Representative.
4. Prepare general correspondence.
5. Issue City's instructions to the contractor.
6. Interpret intent of Contract Documents.
Miscellaneous Services will be performed on an as needed basis and will
be billed seperately on an hourly basis. These services are not included
in the Bidding Phase Services Fee Commission is requested to approve.
RECOMMENDATION
Staff recommends City Commission approve the proposal from Post, Buckley,
Schuh & Jernigan, Inc. to perform the Bidding Phase Services for the
Water Treatment Plant Expansion Project.
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AUTHORIZATION NO.3 (THREE) TO AGREEMENT'
Entered Into and Betwe~n
CITY OF DELRAY BEACH, FLORIDA
100 N. W. 1st Avenue
Dated February I, 1989
AND
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
1400 Centrepark Boulevard
Su ite 200
West Palm Beach, Florida 33401
BIDDING PHASE SERVICES
FOR THE
WATER TREATMENT PLANT EXPANSION PROJECT
1.0 SCOPE OF SERVICES
Post, Buckley, Schuh & Jernigan, Inc. ( ENGINEER) sha 11 provide professional
engineering and related services , as hereinafter described to the City of
Delray Beach, Florida (CITY) during the Bidding Phase of the Water Treatment
Plant Expansion Project (PROJECT). These services'are categorized and defined
as follows:
.
1.1. Bidding Phase Services
1.1.1. Assist CITY in adverti sing for and obtaining bids for
construction, materials, equipment and services; and, where applicable,
ma i nta i n a record 0 f prospect ive bi dders to whom Bi ddi ng Documents have
been issued, attend pre-bid conferences and receive and process deposits
for Bi dd i ng Documents.
1.1.2. Issue addenda as appropriate to interpret, clarify or expand the
Bidding Documents.
1.1.3. Consul t with and advise CITY as to the acceptabil ity of
subcontractors, suppliers and other persons and organizations proposed by
the prime contractor(s) (herein called "Contractor(s)") for those
portions of the work as to which such acceptabil ity is required by the
Bidding Documents.
1.1.4. Consult with CITY concerning and determine the acceptabil ity of
subst itute materials and equipment proposed by Contractor when
substitution prior to the award of contracts is allowed by the Bidding
Documents. ..
1.1.5. Attend the bid opening, prepare bid tabulation 'sheets and assist
CITY in evaluating bids and in assembling and awa rd i ng contracts for
construction, materials, equipment and services.
1.2 Miscellaneous Construction Contract Administration Services
1.2.1 ENGINEER sha 11 perform miscellaneous construction contract
administration services as requested and authorized by the CITY on an as
needed basis. Genera 1 Administration of the construction contract may
include the following:
1. Attend preconstruction conference.
2. Attend meetings with CITY and Contractor.
3. Conduct telephone consultations with CITY, Contractor and
Resident Project Representative.
4. Prepare general correspondence.
S. Issue CITY's instructions to Contractor.
6. Interpret intent of Contract Documents.
These services will not be performed unless the CITY desires, request and
authorizes ENGINEER to perform a specific professional service on an as
needed ba s is.
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2.0. Estimated Compensation
Compensation for engineering services shall be based' upon the AGREEMENT
~ntered into and between the CITY and the ENGINEER on June 10, 1985 for
dditional Services and the latest AMENDMENT aPfroved by City Council on
February I, 1989. The estimated compensation 0 perform Blddin9 Phase
Services for the PROJECT is $27,12B and estimated budget allowance to
assist the CITY on an as needed based is $45,892.
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Exhibit A sets forth a detailed est ima te of compensation by employee
category, estimated hours, and salary cost.
3.0 ENGINEER's Anticipated project schedule is as follows:
4.7.1. Bi dd i ng Phase
a. Advertise for Bids - February 21, 1989
b. Open - April 5, 1989
c. Issue Intent to Award Bid - April 18, 1989
For the ENGINEER: For the CITY:
POST, BUCKLEY, SCHUH & JERNIGAN, INC. CITY OF DELRAY BEACH
. By: By:
Doak S. Campbell, III
Mayor
Attest: Attest:
Approved as to Form
City Attorney ---
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[fTY DF DELRAY BEACK
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M E M 0 RAN DUM
TO: Walter o. Barry, City Manager
THRU: John W. Elliott, Jr., Assistant City Manag~
Management Services .
FROM: Ted Glas, Purchasing Director ~~
DATE: March 29, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
April 11, 1989 - BID AWARD - PAINTING BUILDINGS
AT POMPEY PARK & PARK MAINTENANCE FACILITY
Item Before City Commission:
City Commission is requested to make multiple awards to the
low responsive bidders, as follows:
Company Buildinq Cost
Gold Coast Painting Co. Bath House $ 1,695.
Park Maint. Facility 3,375.
Concession/Restroom 990.
$ 6,060.
Victory Painting Co. Recreation Center $ 7,000.
Total Cost . . . $13,060.
Backoround:
Bids for this project were received March 8, 1989 from eight
(8) contractors all in accordance with City purchasing
procedures. The scope of work includes painting four (4)
buildings. A Tabulation of Bids is attached for your
review. By making multiple awards, a savings of $1,090. can
be realized.
Recommendation:
Staff recommends multiple awards to Gold Coast Painting Co.
for $6,060. and to Victory Painting Co. for $7,000., for a
total cost to the City of $13,060. Per the Budget Office
funding is available from account #001-4131-572-33.31 (Parks
Division - Operating Expenses - Repair & Upkeep of Buildings
- $3375.) and account #119-4151-572-33.39 (Beautification
Trust Fund - Parks & Recreation - Repairs & Upkeep - Other -
$9.685. ) .
Attachments:
Tabulation of Bids
Memorandum from Bid Specialist
Memorandum from Director of Parks & Recreation
pc Joe Weldon
Yvonne Kincaide
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THE EFFORT ALWAYS MATTERS
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M E M 0 RAN DUM
TO: Joe Weldon, Director of Parks and Recreation
FROM: ~~ndra Graham, Bid Specialist
SUBJECT: Painting of Buildings at Pompey Park and the Park
Maintenance Facility
DATE: March 15, 1989
---------------------------------------------------------------------
On March 8, 1989, bids were opened for Painting of BUildings at
Pompey Park and the Park Maintenance Facility. The low bid was
submitted by National Bridge Painting for $14,150.00. Upon
evaluation of the bids it was determined that it would be in the
best interest of the City to award the buildings separately at a
total cost of $11,875.00. Therefore, the following three vendors
were determined to be the low responsive bidders:
Company Buildings Cost
National Bridge Ptg. Bath House 5 650.00
Tarpon Springs, FL Concession/Restroom Bldg. 850.00
Gold Coast Painting Co.
Boca Raton, FL Park Maint. Facility 3,375.00
Victory Painting Co.
Tarpon Springs, FL Main Recreation Center 7,000.00
511,875.00
Purchasing contacted each vendor to ascertain whether or not they
would be agreeable to accepting the award of the bUilding(s) as
outlined above. National Bridge Painting felt it would not be
finanCially feasible for their Company to travel from Tarpon
Springs to accept a job for $1,500.00. PurChasing then contacted
the second low bidder on the Bath House and Concession/Restroom
BUilding. The second low bidder Gold Coast Painting Company
agreed to paint the two additional bUildings. The total cost of
painting the four bUildings will be as follows:
Company Building ( s ) Cost
-
Gold Coast Painting Co. Bath House 5 1,695.00
Boca Raton, FL Park Maint. Facility 3,375.00
Concession/Restroom 990.00
Victory Painting Co.
Tarpon Springs, FL Main Recreation Center 7,000.00
513,060.00
As soon as purchaSing receives your memo concurring with this
award a recommendation package will be sent to the Assistant City
Manager for Commission approval.
I
pc: Ted Glas
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M E M 0 RAN DUM
TO: Ted Glas
Purchasing Director
FROM: Joe Weldon
Director of Parks & Recreation
RE: Bid 89-42: Painting of Buildings at Parks Complex and
Pompey Park
DATE: March 22, 1989
I aqree with Purchasing's recommendation to award the buildings
separately at a total cost of $11,875.00 as detailed in the
attached memo from Kendra Graham. The funds are available in the
following accounts:
Parks Maintenance Facility 001-4131-572-33.31
Pompey Park Buildings 119-4151-572-33.39
Please proceed with sending a recommendation package to the
Assistant City Manager for Commission approval.
'r
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Jo eldon
Di tor of Parks & Recreation
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REF:JW136
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[ITY DF DELRAY BERtH
;;. D~ . - t. I~ ' 0;:';' i ~);, ~;j~44 ''-':
M E M 0 RAN DUM
TO: Walter O. Barry, City Manager
Thru: John W. Elliott, Jr., Assistant City Manager/
Management service~~,
FROM: Ted Glas, Purchasing Director ~~
DATE: March 28, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
APRIL 11, 1989 - RE-AWARD OF A PORTION OF BID
1189-30 FOR TRUCKS AND VANS
Item Before City Commission:
The City Commission is requested to cancel award to Dennis
Fronrath Chevrolet for two (2) crew-cab pickup trucks and
one ( 1 ) passenger van, and to re-award same to second low
local bidder, Bill Wallace Ford -- with funding to come from
the following accounts:
IllY. Vehicle Cost
1 8 - Passenger Van $ 15,010.10
Account II 001-2315-526-60.84 (Fire Dept.)
1 3/4 Ton Crew Cab w/Utility & Lift 16,600.37
Account II 001-3141-541-60.84 (Traffic)
1 3/4 Ton Crew Cab w/Lift 15,336.37
Account II 001-3113-541-60.84 (Traffic)
Total Cost $ 46,946.84
Backaround
On January 10, 1989, Commission awarded the purchase of a
passenger van for the Fire Department to Dennis Fronrath
Chevrolet. On February 14, 1989, Commission awarded two (2)
3/4 ton crew cab pickups for the Street Department also to
Dennis Fronrath Chevrolet.
Attached are copies of letters from Dennis Fronrath
Chevrolet stating that they cannot supply the passenger van
as bid and as specified by the City. Also they state that
Chevrolet no longer makes a 3/4 ton crew cab pickup, and
therefore cannot supply same as bid and as specified by the
City.
Recommendation:
Staff recommends that the award to Dennis Fronrath Chevrolet
be cancelled, and re-awarded to the second low local bidder
Bill Wallace Ford in the amount of $46,946.84, with funding
to come from the appropriate accounts as specified.
Attachments:
Letters from Dennis Fronrath Chevrolet
Tabulation of Bids
Memorandum from Director of Fleet & Facility Management
pc Robert Barcinski
Yvonne Kincaide
Robert Savage ~%~
THE EFFORT ALWAYS MATTERS
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DENNIS
Delray Beach
310 s. FEOERAL HIGHWAY . OELRAY BEACH, FLORIDA 33483 . DELRA Y 278-3225 . BROW ARD 427 .6244 . WPB 737-1204
March 17, 19B9
City of Delray Beach, Florida
Purchasing Department
434 S. Swinton Avenue
Delray Beach, FL 33444
Attn: Ted Glas
Re: Bid /I 89-30
Dear Mr. Glas:
Please be advised of the following information regarding the above referenced
bid, your Requisition #55776 for one 1989 Chevrolet Sportvan _ 8 Passenger.
Your bid requested a'step bumper and a trailering package. You cannot get a
trailering package with a step bumper. The lead time for a step bumper
(because it is a special item) is 28-30 days. We did not indicate this on
our bid. This item was not ordered. The trailering package, in error, was .
deleted from your order. It is to late the change the order, I have checked
with the Zone and the 'vehicle is already being built.
Here are some options:
1. Rayside Truck & Trailer can install a Class 1 Trailer Hitch with a
2,000 lb. capacity which would include wiring and a 2" ball hitch.
Rayside like Chevy states you cannot get a step bumper with a
trailer hitch.
2. Rayside Truck & Trailer can install a heavy-duty step bumper with
a 5,000 lb. capacity complete with a 2" ball and a 4-way flat molded
plug for trailer lights. (This would not be a Class 1 Trailer Hitch.)
3. We can order a new van.
Please advise us what we can do to make this situation work for you. We
understand that you need this vehicle A.S.A.P. so perhaps we can remedy
this to fit your needs. We are sorry for any inconvenience this may have
caused you, but we are anxious to meet your needs and make the most of this
Situation.
Very truly yours,
D~;;;;::VROLET I
COnstance L. Verzi
Fle'et Mgr.
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. DENNIS
Delray Beach
310 S. FEDERAL HIGHWAY . DELRAY BEACH. FLORIDA 33483 . DELRA Y 278-3225 . BROW ARD 427 - 6244 . WPB 737-1204
March 17, 19B9
City of Delray Beach, Florida
Purchasing Department
434 S. Swinton Avenue
Delray Beach, FL 33444
Attn: Ted Glas
Dear Mr. Glas:
Please be advised of the following information regarding your Bid #89-30
Requisition # 55708 and #55709 Group III Item III (A) 3/4 Ton Pick-up
Truck, Crew Cab (4x2) Quantity: 2
Chevrolet Motor Division has discontinued this model effective 1/30/89.
Chevrolet does however make a one ton. Please be advised of the price
difference. .
Price to the City of Delray: $13,463.61 Each
**THIS PRICE DOES NOT REFLECT ANY APPLICABLE TAXES OR TITLE/TAG FEES**
OPTIONS: RAYS IDE TRUCK & TRAILER
1. Utility Body $1,450.00
2. Lift Gate 1,245.00
**RAYSIDE HAS HAD TO MAKE A CHANGE IN THEIR SPECIFICATIONS PLEASE SEE
ENCLOSED***
We regret the inconvenience and delay that this may cause you. We will
do everything in Our power to work with you. Please advise us of what
you would like to do.
Very truly yours,
FRONRATH CHEVROLET
Constance LJ Verzi
Fleet Manager
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Enclosures
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M E M 0 R A N D U M
TO: Ted Glas
Pur-chasing Di r'pe tor
FROM: Robe....t E. Savage
Di....ecto.... of FleE,t (J,nd FcH::.1 11. t.v' t-1Ein a(:.:! f::':'Hif::~r'l t.
THI'~IJ : Robe....t A. Barcinski
Assistant Citv ManlO':'lg{'~:'t" / CUfilinuni t\/ ~:;E-~I'-vict:~,~;;.
DATE: Ma....ch 21~ 1989
SUE'-.lEC.l: P_~_N..N..L~J.'R.PN..R.GJti _ LJlfY ,.;t)L.le.-1 I}I'p,___J~ v! (:'11.; L' ':";
The lette.... dated Mat'-ch 17 " :l. 9HCi .ft-'om I)c-?nl'"'"lS Fr-Dnr"ath
Chev....olet indicates thei.... ini":\bi 1 i tv to PC-l' +C)l'":T: Dn the:' t.r-ucl- ';::trIC)
van bids awa....ded to them. "fhe\i 1'"I;?ve SUC:I(Jf~'::::, t("-ci ~;ub~:=-t.i t:.U1.:C-? v'F"lwfi
C Ip!.=j. and othe.... al ter-nativE~!::; if: l.iF'L\ .... ,. t hc~ vE'hi.clf:~~:; urni.C;,lir"IE,ll V
LIT
specified in the bid. This .11'"-1 I'll"'! DPlnion cDnstitute-::: ,:'1'"'1
admission of Ilnon r-esponsive bicjcjE'r-" Elnd obI j~.I,,:\tE'~';:, uS'. to r- E-~ -.. E( ~. ~ '.:i I'" ct
the bi.d to, the next most resp(Jni:~.l--"'J\,? b.iddc>,- . ! t--\;?commE'nd t:.ho:.::;.
aW81"'d of bid for. the two pick un tjrl...\c:k,:;) c:\nd thE' c:'iclht p.:~ ~-::- ~c, C r-I (:1 f~ ~.
van be awa....ded to .('lallac>? For-tj <:1.I-ld t~ h,::.: t a n(;-::~'J p u r- c h ,:," ':::; C~ or-dE'f- L,."
i.nitiated as SOCln as possibl t:.:.:. t.U of i:",iC], 1 .i t_,,'~ t(:~ t,I"'IE:' pU.i-C i--I!:'(~~;E~ pl'C)Ct:-::>'.::_'.:;; ..
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FIRE DEPARTMENT
RECEIVED KERRY B. KOEN
M E M 0 RAN DUM t.Wl 2 7 89 Fire Chief
ENGINEERING DEPT.
TO: JOHN WALKER, ENGINEERING DEPT.
I
THRU: GATES CASTLE, INTERIM CITY ENGINEER
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: MARCH 21, 1989
SUBJECT: CONSULTING ENGINEERING SERVICES - FIRE STATION PROJECTS
Attached is the service authorization form for consulting services with Gee
and Jensen to provide a needs assessment and program budget for various fire
, station projects. The needs assessment includes the replacement of Fire Station
No. lo You will also find two original copies of a proposal from the
consultants for this work indicating a lump sum payment in the amount of $7,000.
I have reviewed the proposal and find it to be in order and feel that the
fee is in line with similar work done in other communities for this type of
program development. Accordingly, I request that you forward this material to
the City Manager for his review and approval. Additionally, it will have to be
scheduled for a City Commission agenda given the amount of the proposal. I have
discussed a source of funding for this work and Mrs. Kincaide has indicated that
funding should come from the City's General Land Acquisition Account (line
#116-6111-519-33.19). If the City Manager approves this request and it is
favorably acted upon by the City Commission, we will subsequently process a
budget transfer.
Should you have any questions on this matter, please do not hesitate to
contact me.
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Fire Chief
Attachment: Commission Agenda Request
cc: Yvonne Kincaide
John Elliott
Frank Spence
Gates Castle
,iRE DEPARTMENT HEADQUARl ERS . 101 \vEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444.407/243.7400
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SERVICE AUTHORIZATION
FOR CONSULTING ENGINEERING SERVICES
PER AGREEMENT CITY OF DELRAY BEACH AND GEE & JENSON ENGINEERS
Date: 3/17/89 Master Contract Date: 1/20/89
DESCRIPTION OF PROJECT:
Needs Assessment Study for:
0 Headquarters/Administration B~ilding & Central Fire Station
0 Fire Station #5 and Additions to Station #3 and #4
(See attached scope) The ~ assessment will include requirements for
site plans, building size and component descriptions fran which construction and ac-
quisition budgets may be derived.
NECESSITY FOR PROJECT: .
As the City's O:rnprehensive Plan is finalized and the "Decade of Excellence" bond issue
. is developed, a precise construction and acquisition 'program for these projects is re-
quired. This' work goes beyond present in-house estimates in order to finalize a more
, accurate program definition.
DEPARTMENT REQUESTING PROJECT:
Fire De nt
BUDGET COSTS
MAN-HOURS REIMBURSABLE SUB- OTHERS TOTAL
COST EXPENSES CONTRACTS
..
N.A. N.A. N.A. N.A. N.A.
LUMP SUM $ 7,000.00 OR TIME & COST $
Include reimbursible (see attach) (not to exceed)
START DATE COMPLETE DATE 60 days ACTUAL COMPLETION DATE
(after notice to proceed)
CITY PURCHASE ORDER NUMBER DATE
GEE & JENSON JOB NUMBER DATE
APPROVALS
..
CITY MANAGER - DATE
PROJECT NOTES
Funding to come fran General land Acquisition Account Line 116-6111...;519-33.19
Scope of Servir "s
,
The Architect will perform the following:
l. Meeting wi th Fire Chief (and selected staff ) regarding
considerations for recommended Headquarters Building
location and to:
A) Obtain information on space requirements & projections
for:
l. Headquarters/Administration Building
2. Central Fire Station
-
B) Fire Station #5 anq additions to Station #3 and #4,
consider mode of operation: electronic interfaces,
computers. electronic mail etc. .
NOTE: Equipment purchase considerations and related
estimated costs to be supplied by Delray Fire Department.
2. Meeting with City Manager relativ:e to his thoughts on
placing of 'Fire Department Administration adjacent to the
City Hall complex vs. en tirely wi thin a consolidated Fire
Headquarters facility. Need to know when and where near
City Hall the Fire Department Administration Facilities
could be located in reference to operations and construction
, timing of a consolidated Fire Headquarters FaCility, etc.
3. Visit key sites in consideration inCluding Station #3 and
#4. .
- Take photos of sites for reference.
4. Develop a series of recommended headquarters location
scenarios information from #1 and #2 and develop area space
plans and budgets from information received from Delray Fire
Department and project considerations.
l. Headquarters
2. Central Fire Station
3. - Fire Station #5 and additions to Station #3 and #4
5. Develop estimated costs based on space program.
- To include building and site development costs (and land
cost considerations from City of Delrqy) for:
(1) Headquarters and Central Fire Station
(2) Fire Station #5 and additions to Station #3 and #4
6. Meeting with Fire Chief, Assistant Fire Chiefs and bureau
heads for review and comments of total Study inCluding
~rojec~ed costs.
7. Refine/revise Study per review & Comments.
B. Provide 10 copies of StUdY in B 1/2" X 11" booklet format.
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Items to be furnished by Owner
At No Expense to the Architect
Assist Architect by furnishing, at no cost to the Architect,
all available pertinent information including previous
reports and any other data relative to performance of the
above services for the project (including existing surveys,
site plans, floor plans etc.) I
Designate in writing a person to act as the Owner's
representative with the respect to the service to be
performed under this Agreement. Such person shall have
complete authority to transmit instructions, receive
information, interpret and define the Owner's policies and
decisions with respect to materials, equipment and elements
and systems pertinent to the Architect's services.
Time of Performance
Items 1 thru 8 of the Scope of Services will be completed
with sixty (60) calendar days after receipt of Notice to
, Proceed except for delays beyond the control of the
Architect.
Fees to be Paid
For the Scope of Services, the Architect shall be paid a
lump sum fee of seven thousand dollars ($7,000) inCluding
reimbursables required for item 1 thru 8.
Lump sum fee includes presentation at one city Commission
Meeting. Should attendance at additional meetings or other
additional services be requested, additional services shall
be compensated on an hourly basis of Personnel Expense times
a multiple of 2.40 plus reimbursables for direct non-salary
expenses including but not limited to, automobile travel of
$0.27 per mile, printing and reproduction.
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MEMORANDUM
TO: WALTER O. BARRY - CITY ~G~R _..
FROM: FRANK R. SPEN~I~CTOR, DEVELOPMENT SERVICES
SUBJECT: RENTAL REHABILITATION PROGRAM/CONTRACT AWARDS ill
DATE: APRIL 6, 1989
BACKGROUND:
Attached is a request for the City Commission to award four
contracts for rental rehabilitation loans. The federal
regulations governing the rental rehab program allows for more
control of contract awards by the owner since the owner is
required to match the federal dollars invested dOllar-for-dollar.
The regulations actually allow the investor/owner to negotiate a
contract with a sole contractor of his choice, should that be
their desire. Upon approval of contract award by the City
Commission, the investor/owner is required to deposit their share
of the rehabilitation contract with the City prior to the
execution of the contract and prior to the Notice to Proceed
being issued.
Funds are available in the 1988/89 rental rehab revenue account.
Detailed information on each case is attached for your review.
RECOMMENDATION:
It is recommended that the City Commission approve rental
rehabilitation loans for case numbers 88-004RR, 88-015RR, 89-
00lRR and 89-002RR.
FRS:DQ
Attachment
F/2
A:Rehab.CC
:3 ~ G-
MEMORANDUM
TO: WALTER BARRY, CITY MANAGER
FROM: ~~THY ELLINGTON, CD COORDINATOR
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT
DATE: MARCH 10, 1989
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
Rehabi li ta tion 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 Rehabi li ta tion
Funds for total cost, not to exceed $8,000 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 Ci ty 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:
CASE# PROPERTY RR DEFERRED OWNER'S TOTAL
ADDRESS LOAN MATCH CONTRACT AWARD
88-004RR 127 thru 135 19,953.00 19,953.00 39,906.00
NW 13th Avenue
88-015RR 221-223 3,775.00 3,775.00 7,550.00
SW 13th Ave.
89-001RR 24-28 SW 9TH AV. 51,850.00 51,850.00 102,700.00
89-002RR 133-135 SW 10TH AV. 4,625.00 4,625.00 9,250.00
RR14
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
RENTAL REHABILITATION PROGRAM
BID INFORMATION SHEET
BID 1:89-38
APPLICANT: LAWRENCE STRAINGE
APPLICATION I: 88-004RR
ADDRESS OF PROPERTY: 127 thru 135 NW 13TH AV.
DATE BIDS LETTERS: 1/23/89
DATE BIDS OPENED: 02/09/89
NAME OF CONTRACTORS AMOUNT OF BID
FIRST CONSTRUCTION OF THE PALM BEACHS INC. 49.900.00
GEMINI CONSTRUCTION ENTERPRISES, INC. .
E. GRIMM INC.
HENRY L. HAYWOOD 39.630.00
NORENE CONSTRUCTION COMPANY INC.
B & JR CONSTRUCTION 39.906.00
HOWARD RIENECKER
ROWE & CAMPBELL
FEC 39.884.00
DARRYL L COOK 51.337.00
PRESTON
~aousE EETIMATE" 3'.320.00
CONTRACTOR AWARDED CONTRACT: B & JR CONSTRUCTION
CONTRACT AMOUNT:$ 39,906.00
COMMENTS: OWNER SELECTED B & JR CONSTRUCTION AFTER A THOROUGH
~ INVESTIGATION OF ALL THE CONTRACTORS WITH THE DEPARTMENT OF
PROFESSIONAL REGUALTION.
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Certification of Contract Amount
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Property OWner :41U2eJUE ~mtt:e
Property Address:/z.'_/~', /.1" ./~r NW/.JntI All.
It is hereby agreed that all work described in Specifications
dated 12. ,. IYP and Addendum dated--"/A
will be performed for the sum of ::z;;~ JI~AI6~n~~v.D
;PAl~ lIuUDI/!t!U) ~~Il ; ~4U - hollars $.3t 940~.tJoL
8)' "8 f J e ~,."r /2J)a-~~J !
Inspector
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COMMUNITY DEVELOPME~ DIVISION
RENTAL REHABILITATION PROGRAM
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BID INFORMATION SHEET
BID 11:89-38
APPLICANT: JOSH SMITH
APPLICATION II: 88-015RR
ADDRESS OF PROPERTY: 221-223 SW 13TH AV.
DATE BIDS LETTERS: 1/23/89
DATE BIDS OPENED: 02/09/89
NAME OF CONTRACTORS AMOUNT OF BID
FIRST CONSTRUCTION OF THE PALM BEACHS INC. 10.350.00
GEMINI CONSTRUCTION ENTERPRISES. INC.
E. GRIMM INC.
HENRY L. HAYWOOD 13.640.00
NORENE CONSTRUCTION COMPANY INC.
B & JR CONSTRUCTION 13.427.00
HOWARD RIENECKER
ROWE & CAMPBELL
FEC 9.595.00
DARRYL L COOK 14.385.00
PRESTON 7.550.00**
IN-HOUSE ESTIMATE:$ 7,875.00
CONTRACTOR AWARDED CONTRACT: PRESTON
CONTRACT AMOUNT:$ 7,550.00
COMMENTS:** LOW BIDDER
RR6
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Certification of Contract Amount
Property Owner: los. S",.""" .aN 4.).
Property Address: 2..~1-2:~ :S IU
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It is hereby agreed that all work described in Specifications
and Addendum dated
will be performed for the sum of ~.,~ ~l nI)c)SA~JL~".
lld.\~ ~4b uUJ.lars $ ~ S"S"d .60 .
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
RENTAL REHABILITATION PROGRAM
BID INFORMATION SHEET
BID 1:89-38
APPLICANT: PRINCE POITIER
APPLICATION I: 89-001RR
ADDRESS OF PROPERTY: 24 - 28 SW 9TH AV.
DATE BIDS LETTERS: 1/23/89
DATE BIDS OPENED: 02/09/89
NAME OF CONTRACTORS AMOUNT OF BID
FIRST CONSTRUCTION OF THE PALM BEACHS INC. 102,700.00
GEMINI CONSTRUCTION ENTERPRISES, INC.
E. GRIMM INC.
HENRY L. HAYWOOD
NORENE CONSTRUCTION COMPANY INC.
B & JR CONSTRUCTION 101, 361. 00
HOWARD RIENECKER
ROWE & CAMPBELL
FEC 97,970.00
DARRYL L COOK
PRESTON
~N-BOUSE ESTIMATE., 102.350.00
CONTRACTOR AWARDED CONTRACT: FIRST CONSTRUCTION
CONTRACT AMOUNT:$ 102,700.00
COMMENTS: OWNER SELECTED FIRST CONSTRUCTION AFTER A THOROUGH
INVESTIGATION OF ALL THE CONTRACTORS WITH THE DEPARTMENT OF
PROFESSIONAL REGUALTION.
RR6
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Property owner~t'~ ~~"'" 1e
Property Address: l:tI.21 .$W""Ae,t
It is hereby agreed that all work described in Specifications
dated )Z. 7-1>1 and Addendwn dated 2- Z 1_"
Wil~ be performed for the swn of ~ ~...,...,.,z, t:,;1I~~
1.'.1Jh.- dollars $/~ ~ .
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
RENTAL REHABILITATION PROGRAM
BID INFORMATION SHEET
BID 1:89-38
APPLICANT: THELMA JENNINGS
APPLICATION I: 89-002RR
ADDRESS OF PROPERTY: 133-135 SW 10TH AV..
DATE BIDS LE'I'I'ERS: 1/23/89
DATE BIDS OPENED: 02/09/89
NAME OF CONTRACTORS AMOUNT OF BID
FIRST CONSTRUCTION OF THE PALM BEACH, INC. 22.550.00
FRANK FIDLER/JAMES BROWN
GEMINI CONSTRUCTION ENTERPRISES, INC.
E. GRIMM INC. ,
HENRY L. HAYWOOD 13.640.00
NORENE CONSTRUCTION COMPANY INC.
B & JR CONSTRUCTION
HOWARD RIENECKER
ROWE & CAMPBELL
FEC 18.311. 00
DARRYL L COOK 18.169.00
PRESTON 9.250.00**
IN-HOUSE ESTIMATE:$ 15,640.00
CONTRACTOR AWARDED CONTRACT: PRESTON
CONTRACT AMOUNT:$ 9,250.00
COMMENTS:** LOW BIDDER
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Property OWner: "h'A!-~ JU"'~N~S S- /-p ,
Property Address: 'JI-K 4a) .I'C~_ A'.
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