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05-23-89 Regular CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION May 23, 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 eniure 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 minutes of Regular Meeting of April 11, 1989 and Special Meeting of May 2, 1989. 6. Proclamations: A. Proclamation to recognition of his 80th birthday. B. Proclamation to Mr. Carl Bolter in recognition of his contributions to the development of Tropic Palms and Tropic Isle. Mr. Thomas Johnson community spirit and a.k.a. "Peanut Man" in in celebration of his C. National Safe Boating Week - June 4th through June 10th. D. 50th Anniversary of the U.S. Coast Guard Auxiliary _ June 1989. PUBLIC HEARINGS 7. COMPREHENSIVE PLAN: Comprehensive Plan. 8. ORDINANCE NO. 28-89: An Ordinance for the voluntary annexation of the Extra Closet located on the east side of Military Trail, approximately 2,750 feet north of W. Atlantic Avenue, with an initial City zoning of SAD. City Manager and Planning and Zoning Board recommend approval. Conduct of Public Hearing on the 9. ORDINANCE NO. 29-89: An Ordinance for the vOluntary annexation of the U.S. Post Office located on the east side of Military Trail, approximately 2,240 feet north of W. Atlantic Avenue, with an initial City zoning of CF. City Manager and Planning and Zoning Board recommend approval. 10. ORDINANCE NO. 34-89: An Ordinance, pursuant to November 15, 1988 workshop, authorizing the Planning to grant variances associated with the Congress project. City Manager and Planning and Zoning approval. 11. SALE OF CITY OWNED PROPERTY: Conduct of Public Hearing for sale of a ten foot strip of land lying westerly of and directly abutting Lot 3, Block K, John Reid's Village. City Manager and City Attorney recommend approval. the Commission's and Zoning Board Avenue widening Board recommend Agenda Meeting of 5/23/89 -2- PUBLIC COMMENTS 12. Comments and Inquiries on Non-Agenda Items from the Public. FIRST READINGS 13. ORDINANCE NO. 35-89: An Ordinance amending Chapter 155, Electrical Code by adopting the National Electric Code 1987 Edition. City Manager recommends approval. If approved Public Hearing June 13th. 14. ORDINANCE NO. 37-89 - REQUEST FOR REZONING: Approval of request for rezoning Corniche property located on the east side of U.S. Highway No. 1 between Linton Boulevard and S.E. 10th Street from POC to SAD. City Manager and Planning and Zoning Board recommend approval. If approved Public Hearing will be set following Planning and Zoning Board's review of revised site plan. REGULAR AGENDA 15. AMENDMENT TO UDAG AGREEMENT- AUBURN TRACE: Consider amended agreement between the City and UDAG. 16. AMENDMENT TO AUBURN TRACE CONTRACT: Approve amended contract which reflects the change of developer and dedicates an additional 25 feet of property identified as right-of-way for the project. City Manager and City Attorney recommend approval. 17. SITE AND DEVELOPMENT site and development plan Development. PLAN APPROVAL- AUBURN TRACE: Update of for the proposed Auburn Trace Housing 18. INTERLOCAL AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY: Approve interlocal agreement between the City and Palm Beach County which provides that City code enforcement officers can enforce County Ordinances in County pockets along Federal Highway. City Manager recommends approval. 19. SUMMER HIRE A YOUTH PROGRAM: Approve City sponsored, seven week, Summer Hire a Youth Program. City Manager recommends approval. 20. AGREEMENT BETWEEN THE CITY AND PRIVATE INDUSTRY COUNCIL: Approve agreement with the Private Industry Council authorizing the City to be used as a work site for the Summer Youth Employment Training Program. City Manager recommends approval. 21. APPOINTMENT TO THE HUMAN RELATIONS appointment to a term ending March 15, 1991. COMMITTEE: Mayor'S 22. APPOINTMENT OF GOVERNMENT: Consider Council of Government. AN ALTERNATE TO THE SOUTH appointing an alternate to COUNTY COUNCIL OF the South County 23. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appointment to fill the unexpired term of David Klarer ending March 15, 1992. , 24. CONDITIONAL USE AND ATTENDANT SITE PLAN APPROVAL WALLACE DEALERSHIP: Approve major site plan modification and conditional use for the Wallace Dealership located on the north side of S.E. 10th Street between northbound and southbound Federal Highway. City Manager and Planning and Zoning Board recommend approval. 25. ACCEPTANCE OF EASEMENT DEED: Accept easement in order to provide public water and sewer system access to the proposed Pier I project. City Manager recommends approval. 26. FINAL PLAT - PIER I: Approve final plat located on the east side of Federal Highway, South Delray Shopping Center. City Manager Board recommend approval. for Pier I store to be between Dumar Plaza and and Planning and Zoning 27. REQUEST FOR WAIVER OF CONDITIONS: Consider waiving sidewalk and pavement requirements for the proposed Delmar Woods subdivision Agenda Meeting of 5/23/89 -3- located on the south side of Germantown Road, north of the L-37 Canal and west of the Andover Subdivision. The City Manager and Planning and Zoning Board recommend approval. 28. AT&T OVERPAYMENT ISSUE: Authorize staff to joint defense against AT&T by cities throughout the City Manager and City Attorney recommend approval. participate in a State of Florida. 29. ACCEPTANCE OF SETTLEMENT - ABELL GARCIA: Accept from Abell Garcia and approve final payment in $26,139.30. City Manager and City Attorney recommend settlement offer the amount of approval. 30. SCHEDULE FOR PROCESSING early annexation of Enclave 50. ENCLAVE 50: Approve schedule for the City Manager recommends approval. 31. INDEPENDENCE DAY (FOURTH OF JULY) CELEBRATION: Approve Fourth of July celebration fire works, transfer funds and approve staff overtime. City Manager recommends approval. CONSENT AGENDA 32. CONTRACT NEGOTIATION FOR AUDITING SERVICES: Authorize staff to negotiate a three year contract with Ernst. and Whinney for general auditing services and a contract to perform one time audits for the CRA, Golf Course and Mausoleum. City Manager recommends approval. 33. DISPOSITION OF SURPLUS AND OBSOLETE ITEMS: Utilities Department to auction off surplus and sealed bid. City Manager recommends approval. Authorize the Public obsolete equipment by 34. CHANGE ORDER NO. 3 HEAD WORKS ODOR CONTROL SYSTEM: Ratification of South Central Regional Wastewater Treatment and Disposal (SCRWTD) Boards action approving Change Order No. 3 to the contract with Q&Q Inc. for construction of a head works odor control system at the SCRWTD Plant. City Manager recommends approval. 35. CHANGE ORDER NO.2: This is an the Allen Avenue and West Atlantic improvement project in the amount recommends approval. increase in contract price for Avenue Sanitary Sewer System of $16,765.75. City Manager 36. FINAL PAYMENT - ONONTARIO OF PALM BEACH INC.: Approve final payment to Onontario of Palm Beach Inc. for the Allen Avenue and West Atlantic Avenue Sanitary Sewer System Improvement project in the amount of $16,589.42. City Manager recommends approval. 37. STREET Kyle Lane. RENAMING: Rename street known as Coconut Road (Row) to City Manager recommends approval. 38. TRANSFER OF FUNDS: Community Development Development Block Grant Approve re-appropriation of the lapsed 1987-88 Block Grant Fund to the 1988-89 Community Fund. City Manager recommends approval. 39. WAIVER OF ADMINISTRATIVE FEES FOR CITY PROJECTS: Approve policy waiving administrative fees, site plan review fees, CAB review fees, variance fees and building permit fees, for City projects. 40. RESOLUTION NO. 15-89: A Resolution assessing costs for nuisance abatement action required on 64 parcels throughout the City. 41. RESOLUTION NO. 22-89: A Resolution assessing costs for abatement action required to remove an unsafe building on property at 1210 Germantown Road. 42. RESOLUTION NO. 23-89: A Resolution assessing costs for abatement action required to remove an unsafe building on property at 17 S.W. 13th Avenue. 43. RESOLUTION NO. 24-89: A Resolution assessing costs for abatement action required to remove an unsafe building on property at 11002-04 Germantown Road. ," Agenda Meeting of 5/23/89 -4- 44. RESOLUTION NO. 25-89: A action required to remove 521 N.W. 2nd Street. Resolution assessing costs for abatement an unsafe building on property at 45. RESOLUTION NO. 26-89: A action required to remove 521 Southridge Road. 46. RESOLUTION NO. 27-89: A action required to remove 519 Southridge Road. 47. RESOLUTION NO. 28-89: A action required to remove 239 1/2 N.E. 1st Avenue. 48. AWARD OF BIDS AND CONTRACTS: Resolution assessing costs for abatement an unsafe building on property at Resolution assessing costs for abatement an unsafe building on property at Resolution assessing costs for abatement an unsafe building on property at A. Award Contract- with funding from 118-1963-554-50.23): Housing Rehabilitation Program to low bidder CDBG Housing Rehab Grant Award (Account No. MJD Construction Services- 338 N.W. 12th Ave. - $17,000 Tommy Preston- 725 S.W. 9th St. - $16,171.05 B. Award Bid- Beautification Boulevards- America's Pros- Beautification Trust Fund #119-4151-572-33.39). Maintenance Linton and Homewood $31,410 with funding from Repair and Upkeep (Account C. Award Contract- Removal of Hazardous Waste generated from test well borings from the contaminated well site- ChemWaste Management Inc. $40,000 with funding from Capital Outlay~ Airscrubber (Account #441-5162-536-60.49). 49. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION May 23, 1989 7 P.M. ADDENDUM 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: 23A. APPOINTMENT OF A MEMBER TO THE Commissioner McCarty's appointment of a term of Bill Andrew ending September 28, PLANNING AND ZONING BOARD: member to fill the unexpired 1990. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA REPORT - MEETING OF MAY 23, 1989 DATE: May 19, 1989 PUBLIC HEARINGS Item No. 7 Comprehensive Plan. This is a public hearing on the Comprehensive Plan. Commission has an opportunity to make any changes to the document deemed appropriate prior to forwarding it to the State Department of Community Affairs. Following review by the state and other agencies, another formal public hearing must be held prior to adoption. The focus of the second hearing should be confined to information received from the State during their review. The document before you for consideration consists of the following: 1. Plan document of May 8th; and 2. List of changes recommended by the Planning and Zoning Board. Additional information included in the backup documentation for this item includes: 1. List of major changes proposed by the Planning and Zoning Board; 2. Minutes of the Planning and Zoning Board public hearing which reflects public comments; 3. Planning recommended given at May and Zoning actions and 8th meeting; Board staff alternatives report of May 15th with in response to testimony 4. List of items considered but not forwarded for inclusion in the plan document. Based upon previous discussions at the workshop sessions, and due to the absence of Commissioner Andrews, the Commission will conduct the public hearing at this time and hear citizen's requests. It is likely that the Commission will need time to consider these requests and any other proposed changes; therefore it is recommended that the public hearing be closed, and that consideration of the Comprehensive Plan be continued to May 30th Special meeting at which time the Commission will take final action on approving the Comprehensive Plan as amended. Recommend conduct of a public hearinq and defer final approval action until May 30th Special meetinq. Item No. 8 (Ordinance No. 28-89) This is a Second Reading of an Ordinance for the voluntary annexation of the Extra Closet located on the east side of Military Trail, approximately 2,750 feet north of W. Atlantic Avenue with a proposed City zoning of SAD. This action follows staff's recommendation to call in a 1987 water service agreement. Because of some definitional problems between our Land Use Map and our Zoning Code, an initial zoning of SAD is proposed. The SAD is to be based upon a site and development plan previously approved by the City Commission. While not normally a zoning designation for annexed properties, this can be considered a unique situation. When properties are annexed by the City a zoning designation must be affixed, however "mini storage facilities" are not included in the GC zone district. Furthermore they are prohibited by AGENDA REPORT Meeting of the Land Use POlicy Guide. Notwithstanding this fact it is appropriate for the annexation be consummated. The Planning and Zoning Board at it's April 17th meeting recommended approval. Recommend approval of Ordinance 28-89 annexinq the Extra Closet with initial City zoninq of SAD. Item No. 9 (Ordinance No. 29-89) This is a Second Reading of an Ordinance for the voluntary annexation of the U.S. Post Office located on the east side of Military Trail, approximately 2,240 feet north of W. Atlantic Avenue, with an initial City zoning of CF. This action follows staff's recommendation to call in a 1987 water service agreement and as result of the proposed annexation of the Extra Closet property which makes this property contiguous to the City. There is some question on the zoning designation for this property. The Post Office is requesting SC (Specialized Commercial), believing that CF zoning carries a lower market value. The zoning designation of CF is appropriate as it is consistent with the City's Land Use Map designation and reflects the existing use. Staff suggests the Post Office request a zoning designation change and amendment to the Local Land Use Plan following annexation if they wish a different zone category. The Planning and Zoning Board at it's April 17th meeting recommended approval. Recommend approval of Ordinance No. 29-89 annexinq the U.S. Post Office on Military Trail with an initial City zoninq of CF. Item No. 10 (Ordinance No. 34-89) This is a Second Reading of an Ordinance authorizing the Planning and Zoning Board to grant variances in certain circumstances associated with the Congress Avenue widening project. At your November 15, 1988 workshop the Commission determined that the widening of Congress from two to six lanes created unusual impacts upon previously developed properties. This Ordinance establishes a special land use review and approval procedure for those properties considered nonconforming as a result of taking of right-of-way or by physical improvements associated with the widening of Congress Avenue. This Ordinance is void on June 1, 1994. Recommend approval of Ordinance 34-89. Item No. 11 Sale of City Owned Property. Representative of the estate of Ewell G. Pope are requesting that the Commission approve execution of a quit claim deed on a City owned, ten foot strip of land lying westerly of and directly abutting Lot 3, Block K, John Reid's Village along the Intracoastal. A similar request was made in 1980 and at which time the City by Quit Claim Deed conveyed the property. Staff recommends conveyance of this 10 foot strip by Quit Claim Deed for $100 thus curing any potential title defects upon the adjoining property. The sale has been advertised. Recommend approval to sale City owned property. FIRST READINGS Item No. 13 (Ordinance No. 35-89) This Ordinance adopts the National Electric Code, 1987 edition, as recommended and publiShed by the National Fire Protection Association for the installation of wiring and electrical apparatus. Recommend approval of Ordinance No. 35-89. - 2 - AGENDA REPORT Meeting of Item No. 14 (Ordinance No. 37-89). This is a request for rezoning property located on the east side of U.S. Highway No. 1 between Linton Boulevard and S.E. 10th Street from POC to SAD. The Commission previously approved a site and development plan for this property however it has since expired and lost any vested status. Subsequently the zoning district standards have changed and that site plan no longer meets current regulations. The property owner is proposing to build a financial institution/ office building on the currently vacant site and had requested LC (Limited Commercial or GC (General Commercial) zoning. The Planning and Zoning Board at its May 15th meeting recommend SAD zoning as this is a unique situation in that the revised site plan will meet the standards of the LC zone district with the uses being restricted to those allowed under POCo The Board also recommended that the second reading on this ordinance be withheld until a new (revised) site plan is prepared and reviewed by the Board. Recommend approval of back to the Planninq Ordinance No. 37-89 with SAD zoninq and refer and Zoninq Board for revised site plan review. REGULAR AGENDA Item No. 15 Amendment with UDAG officials and discuss Joint Venture's amended grant agreement. summary of that meeting evening meeting. to UDAG Agreement- Auburn Trace. Staff meet Joint Venture on Thursday, May 18th to appeal of certain terms specified in the The City Attorney's office will have a available for review prior to your Tuesday Recommend consideration of an amendment to the UDAG aqreement. Item No. 16 Amendment to Auburn Trace Contract. This amendment involves the transfer of 25 feet of property along the cemetery (Southwest 10th Street right-of-way) to Joint Ventures as part of the Auburn Trace project. This land transfer is necessary to accommodate the site plan. Additionally, the change in developer is included. Recommend approval of amendment to the Auburn Trace contract. Item No. 17 Site and Development Plan - Auburn Trace. This is an update on the application for site and development plan for the proposed Auburn Trace Housing Development. A detailed analysis of the project. is attached as backup material for this item. Item No. 18 Interlocal Agreement Between the City and Palm Beach County to allow City code enforcement officers to enforce County code enforcement ordinances in County pocket areas along Federal Highway. Recommend approval of interlocal aqreement between the City and Palm Beach County. Item No. 19 Summer Hire Youth Program. The City Commission initiated the Summer Hire a Youth Program three years ago. The Summer Hire program was established to provide City funded job opportunities for youths between the ages of 16 and 21. We are proposing to hire approximately 12 youths at $4.25 per hour for a seven week period. The approximate cost for this program is $15,000 with funding available in the Contingency Reserve for Unallocated Salary Adjustments. Recommend approval of City sponsored Summer Hire a Youth Proqram with fundinq from the Continqency Reserve Account. Item This No. eight 20 Agreement between the City and Private Industry Council. week job training program is fully funded by the Private - 3 - AGENDA REPORT Meeting of Industry Council and is for youths between the ages of 16-21. The City is responsible for providing a job site and training. The number of youths assigned will depend upon department requirements and availability of program participants. In past years approximately 15- 20 youths have participated. In past years the City Attorney has recommended language be added to the contract regarding termination of participants with or without cause and the standard indemnification clause. PIC has continuously denied these requests and the City has accepted the contract without the additional language. Recommend approval of the aqreement between the City and Private Industry Council. Item No. 21 Appointment to the Human Relations Committee. Mayor's appointment to a term ending March 15, 1991. Recommend appointment of a member to the Human Relations Committee. Item No. 22 Appointment of an Alternate Member to the South County Council of Government. At your May 9th Commission meeting Commissioner Weatherspoon asked that an alternate be named to the South County Council of Government. Recommend appointment of an alternate member to the South County Council of Government. Item No. 23 Appointment fill the unexpired term received applications from: to the Board of Adjustment. Appointment to of David Klarer ending March 15, 1992. We Scott Bechtle Anita Deutsch Mark Krall Madeline Pulitano Thomas G. purdo Recommend appointment of a member to the Board of Adjustment to fill an unexpired term endinq March 15, 1992. Item No. 24 Conditional Wallace Dealership. This dealership to be located between North and South appropriately for a dealership current and proposed policy plans. Use and Attendant Site Plan Approval _ request is for a proposed new automobile on the north side of S.E. 10th Street, Federal Highway. The site is zoned and the proposed use is consistent with statements in the City's Comprehensive The Planning and Zoning Board at its May 15th meeting recommended approval subject to conditions contained in the staff report attached as backup for this item. The Community Appearance Board approved the elevations and landscaping. A detailed summary from the Planning Department is available for review in the City Manager's Office. Recommend a the Wallace Planninq and roval of the conditional use and attendant site Ian for Dealership sub;ect to the conditions st pulated by the Zoninq Board. Item No. 25 Acceptance of Easement Deed. This easement is required in order to provide public water and sewer access to the proposed Pier I project. City services are being obtained through a private property at this time. The Planning and Zoning Board has not reviewed the easement agreement, however, they required it as a condition of approval for f1nal plat action. - 4 - AGENDA REPORT Meeting of Recommend acceptance of easement deed for the proposed Pier I project. Item No. 26 Final final plat approval located on the east South Delray Shopping Plat- Pier I. Pier I Imports Inc. is requesting for a 10,000 square foot Pier I store to be side of Federal Highway, between Dumar Plaza and Center. The Planning and Zoning Board has certified the final appropriate permits have been issued. A detailed summary Planning Department is available for review in the City Office. plat and from the Manager's Recommend approval of final plat for Pier I. Item No. 27 Request for Waivers of Conditions- Delmar Woods. John DiMaggio, owner of property proposed for a eight unit single family development to be located on the south side of Germantown Road, north of the L-37 Canal and west of the Andover Subdivision, is requesting a waiver of condition. This request involves a reduction in pavement width from 24 feet to 20 feet and elimination of the requirement for a sidewalk on both sides of the entry street. The developers intent in requesting relief is to maintain the rural atmosphere associated with a R-1AAA subdivision. This request is consistent with previous Commission actions on similarly developed subdivisions. A detailed summary from the Planning Department is available for review in the City Manager's Office. Recommend approval of waivers of conditions for the Delmar Woods subdivision. Item No. 28 AT&T Overpayment Issue. Authorize staff to participate in a joint defense against AT&T by c,ities throughout the State of Florida. AT&T has requested that we vOluntarily reimburse them for an over payment of utility taxes. We have declined as have other cities in Florida. The Florida League of Cities has not taken a position on this issue, however are offering to assist cities in forming a group front to defend against the AT&T threat of litigation. Recommend authorization of participation in joint defense aqainst AT&T. Item No. 29 Acceptance of Settlement Offer - Abell Garcia. On May 4, 1989 staff met with Jan Abell, John Tessian of Atelier Architects and representatives from Old School Square to negotiate a settlement of the contract with Abell Garcia. The original contract amount was $102,947. The architects were claiming that the City owed $94,711.24. Payment totalling $57,571.94 have been made to date. ' The final settlement offer agreed to is $83,711.24 leaving a final balance of $26,139.30 to be paid by Old School Square Inc. The final settlement offer represents 100% completion of the design phase and approximately 80% completion of the contract specification phase. The settlement offer also includes a hold harmless agreement releasing the City from any payments to the subcontractors. Old School Square Inc. recommends final settlement. Recommend acceptance of settlement offer from Abell Garcia. Item No. 30 Schedule for Processing Enclave 50. Pursuant to direction at your M~y 9th Commission meeting staff has prepared a schedule for process~ng Enclave 50. The schedule sets the Public Hearing before the Planning and Zoning Board on June 19th, First Reading of the enacting ordinance before the Commission on June 27th and Public Hearing- Second Reading before the Commission on July 25th. Recommend approval of schedule for the early annexation of Enclave 50. - 5 - AGENDA REPORT Meeting of Recommend acceptance of easement deed for the proposed Pier I project. Item No. 26 Final final plat approval located on the east South Delray Shopping Plat- Pier I. Pier I Imports Inc. is requesting for a 10,000 square foot Pier I store to be side of Federal Highway, between Dumar Plaza and Center. The Planning and Zoning Board has certified the final appropriate permits have been issued. A detailed summary Planning Department is available for review in the City Office. plat and from the Manager's Recommend approval of final plat for Pier I. Item No. 27 Request for Waivers of Conditions- Delmar Woods. John DiMaggio, owner of property proposed for a eight unit single family development to be located on the south side of Germantown Road, north of the L-37 Canal and west of the Andover Subdivision, is requesting a waiver of condition. This request involves a reduction in pavement width from 24 feet to 20 feet and elimination of the requirement for a sidewalk on both sides of the entry street. The developers intent in requesting relief is to maintain the rural atmosphere associated with a R-1AAA subdivision. This request is consistent with previous Commission actions on similarly developed subdivisions. A detailed summary from the Planning Department is available for review in the City Manager's Office. Recommend approval of waivers of conditions for the Delmar Woods subdivision. Item No. 28 AT&T Overpayment Issue. Authorize staff to participate in a joint defense against AT&T by c.ities throughout the State of Florida. AT&T has requested that we voluntarily reimburse them for an over payment of utility taxes. We have declined as have other cities in Florida. The Florida League of Cities has not taken a position on this issue, however are offering to assist cities in forming a group front to defend against the AT&T threat of litigation. Recommend authorization of participation in joint defense aqainst AT&T. Item No. 29 Acceptance of Settlement Offer - Abell Garcia. On May 4, 1989 staff met with Jan Abell, John Tessian of Atelier Architects and representatives from Old School Square to negotiate a settlement of the contract with Abell Garcia. The original contract amount was $102,947. The architects were claiming that the City owed $94,711.24. Payment totalling $57,571.94 have been made to date. . The final settlement offer agreed to is $83,711.24 leaving a final balance of $26,139.30 to be paid by Old School Square Inc. The final settlement offer represents 100% completion of the design phase and approximately 80% completion of the contract specification phase. The settlement offer also includes a hold harmless agreement releasing the City from any payments to the subcontractors. Old School Square Inc. recommends final settlement. Recommend acceptance of settlement offer from Abell Garcia. Item No. 30 Schedule for Processing Enclave 50. Pursuant to direction at your M~y 9th Commission meeting staff has prepared a schedule for process~ng Enclave 50. The schedule sets the Public Hearing before the Planning and Zoning Board on June 19th, First Reading of the enacting ordinance before the Commission on June 27th and Public Hearing- Second Reading before the Commission on July 25th. Recommend approval of schedule for the early annexation of Enclave 50. - 5 - AGENDA REPORT Meeting of Item No. 31 Independence Day Fourth of July Celebration. Per direction given at your May 16th workshop, staff has began researching costs and planning to provide a City sponsored Fourth of July event. The initial estimates for fireworks display and underwriting cost, including staff overtime is approximately $30,000 to $40,000. In addition Commission approval is also needed to transfer funds from the Commission Contingency line item; authorize staff to submit a request to DOT to close off portions of Atlantic Avenue and AlA for traffic control, if needed; authorize trolley service from downtown parking and City Hall facilities; and provide other services as needed. At present the staff is only planning for a fire works display on the beach. Documentation on award of contract for the fireworks show was not available for inclusion in this agenda, however we expect to have a recommendation in time for your Tuesday evening meeting. Recommend approval of Fourth of July Fireworks Celebration. CONSENT AGENDA Item No. 32 Contract Negotiation for Auditing Services. The City's contract for auditing services with Ernst and Whinney has terminated. The contract covered a three-year period ending with the financial audit of fiscal year 1988. The Commission has the option of either sending out requests for proposals or negotiating a new contract with Ernst and Whinney. Staff is recommending that the City negotiate a new contract with Ernst and Whinney for reasons outlined in the attached backup memo from the Finance Director. In addition it is proposed that a contract for one time audits of the Community Redevelopment Agency, Golf Course and the Mausoleum be negotiated. Recommend authorization for staff to contract with Ernst and Whinne for a contract to perform one time audits Mausoleum. neqotiate a new three year eneral auditin~ services and for the CRA, Gol Course and Item No. 33 Disposition of Surplus and Obsolete Items. The Public Utilities Department has a variety of repair clamps, service saddles, couplings, bushings, etc. that are no longer needed by their Department. These items are considered surplus, of little value and as such are not easily disposed of through normal auction process. Staff is therefore requesting authorization to invite other cities and vendors to purchase these items by sealed bid. Recommend authorization for the Public Utilities Department to dispose of surplus and obsolete equipment by means of sealed bid. Item No. 34 Change Order No. 3 Q&Q Inc. At their March 17th meeting the South Central Regional Wastewater Treatment and Disposal (SCRWTD) Board approved a contract for additional monitoring and operational equipment for the Head Works Odor Control System. The contract includes work to install a two inch sample line and valves so that samples and testing of influent sewage quality and hydrogen sulfide content can be done prior to pre-chlorination; installation of additional scrubber sample piping and valves; installation of a 12 inch duct for additional air pickup; installation of water level sight indicators to monitor recirculation water level in each scrubber; installation of piping and gauges to monitor differential pressure lost; installation of piping and gauges to provide a solution chlorine connection to the inlet duct of Scrubber NO.2; and purchase of a caustic drum lifter and cart. The total amount of the change order recommended for ratification here is $12,618.00 and represents and increase of the overall contract price. Funding is available in the Water and Sewer Bond Fund (Account 3441-5162-536-60.75). - 6 - AGENDA REPORT Meeting of Recommend ratification of the SCRWTD Board action. Item No. 35 Change Order No.2. On June 24, 1988 a contract was entered into with Onontario of Palm Beach, Inc in the amount of $142,479.92 for Allen Avenue Water System Improvements, North Federal Highway Water Main, and West Atlantic Avenue Sanitary Sewer Improvements. The bid was awarded on an estimated quantity set unit price basis. This Change Order represents the costs of actual quantities used and is an increase in contract price of $16,765.75. Recommend approval of Chanqe Order No.2. Item No. 36 Final Payment Onontario of Palm Beach Inc. This request is for final payment and reflects the decrease in contract of Change Order No. 1 and increased amount identified in Change Order No. 2 above. The Final payment amount is $16,589.42, funding is available in Water and Sewer Capital Outlay Fund. Recommend a roval of final a ment to Onontario of Palm Beach Inc. in the amount of 16 589.42 with fundin from Water and Sewer Ca ital Outlay Fund (Account 441-5161-536-60.66). Item No. 37 Street Renaming. The Fire Department has identified duplication of street names within the City. Coconut Road exists opposite and Atlantic High School and on the plat book just north of Ingraham in the beach area. Although the street sign for Coconut Road at the beach area reads Row the potential exists for responding to the wrong area in an emergency situation. Homeowners in both areas have been notified. The general consensus is that since there are only four homeowners on Coconut Road (Row), a street name change in that area would be more appropriate. A resident of Coconut Row came forward with the suggestion of Kyle Lane. Recommend approval of street name chanqe for Coconut Road (Row) to Kyle Lane. Item No. 38 Transfer of Funds. The 1987-88 Community Development Block Grant Fund Account contains an uncommitted fund balance of $150,084. Staff is requesting Commission approval to re-appropriate those funds to the 1988-89 Community Development Block Grant Fund. Recommend Development Block Grant approval of Block Grant Account. re-appropriation of 1987-88 Community funds to the 1988-89 Community Development Item No. 39. Waiver of Administrative Fees for City Projects. The City has routinely waived payment of various administrative fees for City projects. This was accomplished by specifically stating in the contract that City fees were waived or done administratively. Administrative fees include application and processing fees for site plan review, CAB review, variance fees and building permits. The City Attorney's office is recommending that the Commission ratify and approve a policy that waives payment of administrative fees for City projects. Recommend approval of waiver of administrative fees for City projects. Item No. 40 Resolution No. 15-89. This item is a Resolution assessing costs for nuisance abatement action required on 64 parcels throughout the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 15-89 assessinq costs for abatinq nuisances on 64 parcels within the City. - 7 - AGENDA REPORT Meeting of Item No. assessing building forth the lien on unpaid. 41 Resolution No. 22-89. This item is a Resolution costs for abatement action required to remove an unsafe on property at 1210 Germantown Road. The Resolution sets actual costs incurred and provides the mechanism to attach a this property in the event the assessment of $1,980 remains Recommend a roval of Resolution No. 22-89 assessin costs for abatin an unsafe bUildinq within the City. Item No. 42 Resolution No. 23-89. This item is a Resolution assessing costs for abatement action required to remove an unsafe building on property at 17 S.W. 13th 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 $2,143.90 remains unpaid. Recommend a roval of Resolution No. 23-89 assessin costs for abatin an unsafe buildinq within the City. Item No. 43 Resolution No. 24-89. This item is a Resolution assessing costs for abatement action required to remove an unsafe building on property at 11002-04 Germantown Road. 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 $3,051.40 remains unpaid. Recommend approval of Resolution No. 24-89 assessinq costs for abatinq an unsafe bUildinq within the City. Item No. 44 Resolution No. 25-89. This item is a Resolution assessing costs for abatement action required to remove an unsafe building on property at 521 N.W. 2nd Street. 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 $1,786.40 remains unpaid. Recommend approval of Resolution No. 25-89 assessinq costs for abatinq an unsafe buildinq within the City. Item No. 45 Resolution No. 26-89. This item is a Resolution assessing costs for abatement action required to remove an unsafe building on property at 521 Southridge Road. 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 $1,483.90 remains unpaid. Recommend approval of Resolution No. 26-89 assessinq costs for abatinq an unsafe bUildinq within the City. Item No. 46 Resolution No. 27-89. This item is a Resolution assessing costs for abatement action required to remove an unsafe building on property at 519 Southridge Road. 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 $1,259.50 remains unpaid. Recommend a roval of Resolution No. 27-89 assessin costs for abatin an unsa e buildinq within the City. Item No. assessing building forth the lien on 47 Resolution No. 28-89. This item is a Resolution costs for abatement action required to remove an unsafe on property at 239 1/2 N.E. 1st Avenue. The Resolution sets actual costs incurred and provides the mechanism to attach a this property in the event the assessment of $495.00 remains - 8 - AGENDA REPORT Meeting of unpaid. Recommend a roval of Resolution No. 28-89 assessin costs for abatin an unsafe buildinq within the City. Item No. 48 AWARD OF BIDS AND CONTRACTS: A. Award Contract- with funding from 118-1963-554-50.23): Housing Rehabilitation Program to low bidder CDBG Housing Rehab Grant Award (Account No. MJD Construction Services- 338 N.W. 12th Ave. - $17,000 Tommy Preston- 725 S.W. 9th St. - $16,171.05 B. Award Bid- Beautification Boulevards- America's Pros- Beautification Trust Repair 119-4151-572-33.39). Maintenance Linton and Homewood $31,410 with funding from and Upkeep (Account No. C. Award Contract- Removal of approximately 167 drums of Hazardous Waste generated from test well borings of the contaminated well site- ChemWaste Management Inc. - $40,000 with funding from Capital Outlay- Airscrubber (Account 3441-5162-536-60.49). - 9 - [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 311' ISI 'FFT Sl;ITl I:LiZ\Y l;j':ACI!,rl (IRlDi\3348; 41) '243 ",JUt)li :T:U 'OP'1\ -,;0/278-4755 r~EHORANDUliJ From, May 23, 1989 City CO!lUUi ,-;sion r'N~ Jeff:re.y S. Kurtz, Ass;istanL City Attorr,ey ~J'; Amendment t.O the Joint. Venture Purchase ar <1" sale Agreement Date: Ira: Su..bjcct.: Attach.~-=d for your reference is the Purchase and Sale Agreement. and proposed amendment thereto. The purpose of t.he amendment: is to include an addiU.onal 25 feet of propert.y "n the east.eI'ly si.de of the development and "djacent. to the Ci.t.y cemetery which was not contained in the original description a! referenced in Exhibit "A" of the Purchase and Sale Agreement. In addition, the closing date has been set. for :June 14, 1939. The exact t:erms of closing shall be presented on t.he consent agenda for your approval on ,June 13 and includ(cd therein shall be ~opies of the mortgage, note, and land u.se restriction agreement. Should you have any questions concerning this matter, please do not hesitate to contact our office. ,JSK: sh cc: Walter O. Barr'y, City Manager Frank Spence, Direct:or of Development Services Lula Butler, Director of Community Improvement David Kovacs, Director of Planning and Zoning Gates Castle, Interim City Engineer ~~ENDMENT TO THE PURCHASE AND SALE AGREEMENT DATED JANUARY 15, 1989 BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, AND AUBURN TRACE JOINT VENTURE, A PARTNERSHIP THIS AMENDMENT NO. 1 made and entered into this day of May, 1989 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, (hereinafter referred to as "City"), and AUBURN TRACE JOINT VENTURE, a partnership {herein- after referred to as "Joint Venture"). WIT N E SSE T H: WHEREAS, the City and Joint Venture have entered into an agreement entitled Purchase and Sale Agreement dated January 15, 1989 to provide for the sale and development of certain lands; and WHEREAS, subsequent to t.he date of said Agreement, both parties desire to modify Paragraph 1 of the Agreement as to the description of the property to be conveyed, and Paragraph 4 of the Ageement concerning the closing date for the conveyance. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties hereto agree as follows: 1. That the City and Joint Venture hereby agree to modify Paragraph 1 by amending the legal description contained in Exhibit "A" to read as follows: That part of the Subdivision of Section 20, Township 45 South, Range 43 East, Palm Beach County, Florida, according to the plat recorded in Plat Book 1, page 4 of the Public Records of Palm Beach County, Florida, described as follows: The West half of Lot 25, less the North 25 feet thereof; the East half of Lot 25, less the North 25 feet thereof, less the east 25 feet thereof, less the South 10 feet thereof and less the North 310.20 feet of the South 320.20 feet (as measures parallel with the East line of said Lot 25) of the West 295.20 feet of the East 320.20 feet (as measured parallel with the South line of said Lot 25); the South 10 feet of the West 25 feet of the East half of Lot 25; the West 25 feet of the East half of Lot 26; the West half of Lot 26; and the East half of Lot 18. Commence at the West quarter corner of Section 20. Township 46 South, Ra~e 43 East, Palm Beach County, Florida; thence N.89 21'10" E., 1280.39 feet along the East-West centerline of said Section 20, alsg being the centerline of S.W. 10th Street; thence N.O 40'13"E., 900.00 feet along the West line of Delray Beach Heights 1st Addition, as recorded in Plat Book 29, page 65 of the Public Records of Palm Beach County, Florida, t,o the Northwest corner of sabd Delray Beach Heights 1st Addition; thence N. 89 21'10"E., 750.00 feet along the North line of said Delray Beach Heights 1st Addition and along the North line of Delray Beach Heights, as recorded in Plat Book 25, page 186 of the Public Records of Palm Beach County, Florida, to the North'5ast corner of said Delray Beach Heights; thence N.O 40'13"E., 431.1 feet along the East boundary of the West half of Lot 27 of the suhdi vision of Section 20, Township 46 South, Range 43 East, as recorded in Plat Book 1, page 4 of the Public tf.:ecords of Palm Beach County, Florida; thence 8.89 52'35"W;, 1229.43 feet along the North line of said lot 27 and the North line of Lot 19 of said subdivision of Saction 20 to the Point of Beginning; thence S.3244'38"W., 222.87 feet to a point of curvature of a curve to the left with a ragius of 275.00 feet and a central angle of 32 04' 25"; thence Southerly, along the arc of said curge, 153.94 feet to a point of tangency; thence 5.0 40'13"W., 221.15 feet to the NOf,th right-of-way line of S. W. 8th Street; thence N. 89 21'10"E., along saig North right-of-way line, 55.01 feet; thence N.O 40'13"E., 219.89 feet to a point of curvature of a curve to the right ~ith a radius of 220.00 feet and a central angle of 32 04'25"; thence Northerly, along the arc of said curve, 123.15 feet to a point of o tang@ncy; thence N. 32 44' 38"E., 258.41 fee.t; thence 8.8952'35"W., 65.48 feet to the said Point of Beginning. As to that portion of the above'-described property which is adjacent to the westerly boundary of the City cemetery and lying east of the boundary of the centerline of S.W. 10th Street as it is now constituted, the City shall make no war- ranties as to the title and shall convey said portion of the property only by Quit-Claim Deed to Joint Venture. 2. That the City and Joint Venture modify Paragraph 1.\ of the contract to provide date shall be on or before June 14, 1989. hereby agree to that the closing 3. That Paragraph A of transaction shall be amended relates to the conveyance of Quit-Claim Deed. the standards by Paragraph a portion of for real estate 1 above, as it the property by 4. That. all other t.erms and condit.ion of the agreement dated January 15, 1989 between the parties, except as may be in conflict with this Amendment No.1, shall be in effect by this Amendment and shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have entered into this Amendment No. 1 as of this day and year first above written for the City of Delray Beach. CITY OF DELRAY BEACH, FLORIDA By: MAYOR ATTEST: City Clerk Approved as to form: City Attorney WITNESSES AUBURN TRACE JOINT VENTURE By: Jay FeIner ,) "- WITNESSES WITNESSES WITNESSES WITNESSES WITNESSES WITNESSES WITNESSES WITNESSES By: Roger Boos By: Richard Brautigan By: Loretta J. McGhee By: Mark LJ. Semk.o By: Charlotte G. Durante By: ,Iohn B. Casserly By: Glen Haggerty WGM Financial Services By: Frank MCAlonan, President J OHIO VITALE ZAMBELLI Cost $20,000 $25,000 $25,000 $20,000 $25,000 Insurance $1,000,000 1,000,000 $1,000,000 $3,000,000 $3,000,000 II of shells 2,136 2,394 1,225 1,163 1,505 Shell Size Assorted 132 800 60 1" 800 2~" 80 3" 804 1,091 760 780 1,000 4" 180 191 154 174 238 5" 106 148 84 112 140 6" 100 138 51 76 101 8" 10 16 23 13 16 10" 8 5 6 12" 4 10 5 3 ~ - - Total Shells 2,136 2,394 1,225 1,163 1,505 PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: JEFF KURTZ, ASSISTANT CITY ATTORNEY LULA BUTLER,DIRECTOR COMMUNITY IMPROVEMENT SERVICES In J. K~J~~I~R DEPARTMENT OF PLANNING AND ZONING FROM: DATE: MAY 22, 1989 SUBJECT: RESERVATION OF PARK LAND, AUBURN TRACE Upon review of the Trace development, needs has arisen. most recent drawings and plans for the a new opportunity for accommodating Auburn mutual Situation: Auburn Trace has a large dry retention (drainage) area for which no program for continuing maintenance has yet been proposed. Heretofore there has been little attention paid to this area since it's final configuration had not been determined. Also, the City is to waive park land dedication and in-lieu park fees for the project. Opportunity: The resulting configuration of the retention basin is such that it can be used for softball - baseball - and/or a mUlti-purpose field. The side b~s can be used for seating. Future use by the City can relieve the Auburn Trace Management Program of a maintenance expense. Suggestion: The agreement between the City provide that at a future date, the ownership and attendant responsibilities and use it for playing fields. At such responsibility would fall upon the City. Joint Venture and the City can take over the for the retention area a time, the maintenance Auburn Trace May 22, 1989 Page 2 At the present time, we are not in a position to propose development as a playing field nor to assume maintenance responsibilities. The opportunity should be revisited after the construction of the development is completed. It is not believed that use for recreation would affect the Auburn Trace development. Plat Modification: The dedication on the final plat must be worded so that both drainage and park use can be made of the area. Action Required: By the City Attorney -- incorporation of the above in the joint agreement. By P&Z -- inclusion of the above on the plat's dedication. c: Joe Weldon, Director of Parks and Recreation Frank R. Spence, Director Development Services Walter o. Barry, City Manager Jay Feldner, Partner in Joint Venture Tom Hinners, Consultant, Joint Venture Project File OHIO VITALE ZAMBELLI Cost $20,000 $25,000 $25,000 $20,000 $25,000 Insurance $1,000,000 1,000,000 $1,000,000 $3,000,000 $3,000,000 /I of shells 2,136 2,394 1,225 1,163 1,505 Shell Size Assorted 132 800 ~ 1" GQ:!b Q 2~" 80 3" 804 1,091 760 780 1,000 4" 180 191 154 174 238 5" 106 148 84 112 140 6" 100 138 51 76 101 8" 4!P 16 ~ .1i> 16 10" r;;;;? -.0 6 12" 4 10 5 3 4 Total Shells 2,136 2,394 1,225 1,163 1,505 [ITV DF DELAAY BEA[H 100 N.W. 1st AVENUE DELRAY BEACH, r::LORIDA 33444 407/243_ 7000 STAFF MEETING AGENDA May 24, 1989, 9:00 a.m. 1. City Hall Construction (Bob Barcinski, Digby Bridges, Sessoms Grice) 2. NAACP Discussion (Les McDermott and Jeff Whigham) 3. Purchasing Policy (Ted Glas) 4. May 23rd Agenda review . :lIJ ~ p ~ 'Y/1.D-L.g- tt.v..( ~",r - (I <."'/nt.pu1 (! Ie {i'1' flN-0RJQC:+ 1.1./:/( ~> hUldctd 1;t5r~ t{}t'I( sd..?Ll~ afe ~aJ!. J-c. ItJce",- h'Z1 j /1<1 I (JJ.,J.., ~~) V j-tf{~ !lzz THF EFFnRT AI WAYS MATTFRS ~ .51 g~ c 8.j~ =; J:l ~ .......0 0- o~..... .... C. 0 &;..... e .6~~ III ~ ~ 1: 'iU !'ii' .>.... ~ &; 1" I l.s ~ r:~f ~ ~.5 ~ 0 e '> .... .. 0-:;0 ~G1 '~fl .g .~] ..... 6 :a 0 l-4 ~~6. C\S ..... c..9 ~ Il ~~1 3 &c.' l:l.. 3 5 l: c.. Q.I Q.I "S e . ~ ~~ ~'i ~ > ~.... ..... .5 c..5 ~ o ..-c ..... ro .U ..-c - ~ ~ ~ "'0 ~ '~ Q) CI) o fr ;j P-c I ~ 6 o,.!. Q.lc: &::1.1 2:: .E .... .. -5 Qj..8:s III g ~tj ~-?~ &] ~ .~ ~~ ~ E' ij ~ ij ~ t ~ c.] l: ~ ,c.O:lQ.lIllQ.l~ ~.s >. ~-5 ~ ~I 'E Y.l Q. ..gj4.! c... S! aJ li''Ci j 'iU 2 0 's2~ t<lli 11 el <III~~ el..; ~~ ~ ~ ~ ~ ~ (S ~. "~.k >, .... Q.lfoau~ I&;~~>. .~ E~'Ci 'Ci J:3,.!!5:g .!!I ..0. 0 ~ Q.I c.~.~~;o c..a -5 J:l 'iU Q.~ ] .s .~ .9.g t li' 0 8 ..:r!!5 c."9. >,Z'1;l oJh:::!5"la .&:: i Qj c...... (S el"' ~ Ji.~ i ~ 1.~ j - 8 ~ 1.u:a el a .s ~8~t ~1~~~ ;g,~-a III Q.I ~.5~-5 6 li'~ 11E-5 III '"2. .~.~ ~ el>'6~~.5&lQ."" ~ ~B Bj~l2i 8.~ 8:: :a .5 &:: J:l .5 .g .... U (g < o"g~.gC:6ge8 ~~c.Qju~o ~ ~;g, 'Ci ~ 1: ;a ~ .~ ~ cli'~g=;:55~ ~ .0 II ~ ....c:: ~ llO-5 ..... :t: ._ v C. <II .. III 0 71 Section 36.01 36.02 36.03 36.04 36.05 36.06 36.07 36.08 CHAPTER 36: City Purchasina Compliance with standard practice instructions Acquisition of personal property, suppli.. or contractual ..rvice. Variance. between the bid/quote and acquiaitioa price Acquisition of real property Biddinq procedures Co_tency in biddinq Discard of bid of incompetent bidder Emergency purchases Contracts for Professional Services 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 ( 36.35 36.36 State law adopced by reference Intent Dutie. of adminiatratioD Announcement required; procedure Evaluation and certification of applicants Competitive .election Col1q)etitive negotiation Rule. of procedure required Application to !n<Wpendeat agencies Sale. Exchanae. or Leasa o! City Prooertv Sal., .xchan~. or lea.. of real property Sale or lea.e of personal property CIn PURCHASING ~ 36.01 COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS. "a...detath of 'aU ci1:iJ'~" . ahaJ.1l>epedo_,u . .ClClioZdaft",'>ri1:ll ''tIJa.. lac.eat. _r:rant. l<WV1.aiOft o~'.-."""tICI... -practice .,j,nrtruct1on"_.,,>t.IIUI cI.;by.'t:.M.~~ '.,....n.ger~,;~. as this reflect. the requirem.nt.s of ~,~t:!"'QIaftar' and t.he ,,_rrent.. reYi.aion of. t.u ci1<y'a ._. (' 80 Code, S 2-33) ~ 36.02 ACOUISITION OF PERSOIlAL PROPERTY. SUPPLIES OR CONTRACTUAL SERVICES. Whenever the City shall ...k to acquire personal property, supplie., or contractual services, ~'_,follow.i.n9 _p, ~ ... -.... ..-..u,,w.; '.,."r ~e-ecI' by the Purchaainq Administrator: (A) For acquisitions of personal property, supplies, or contractual .-rvices _r"1.~9, purchases may be made by the Purchasinq Administrator _"~"beM::,, '-v .1tent Yeftdorlfitbauc ,,:....;:'. ' 1989 S-2 FlNANC%! CITY PROPERTY TRARSACTIClIS neceasity of fo>:aal. a_led COlIpet1ti_ biddinq pzocacIures or Cond.asiOft "TeYiew. (B) For acquisitions from $1,.000 and Ie.. t.han.,c$6. 000, purchases shall be made by the Purchasinq Administrator without City CoRmiaaion review only after the purchase has been approYed by the City Manaqer or his designee and after the Purchasinq Administrator has either: (1) -Solicit.ed ~it.i_ bida/qaot.ea, -rbelly' or 1n writ.inq. at the Purcbasinq Admdnistrator's discretion, from at l_at tbreedirterent aoureea ot supply, when' available; or (2) Ut.ilized a purcbasinq cont.ract .atabli.lwd by . local, atat.. or federal qove:mmental .~ncy or cooperative purchasinq qroup. (C) For acquisitions of $',000 and 1eaa t.han $10,000, purchases may be made by the Purchasinq Admdnistrator to low bidder, subject to prior 'City Hanager appZ'OYal. Where the proposed awarded bidder is not low bidder, the bids/quotes shall qo to the City CoRmission for review and avard. Bids/quotes shall be secured in the manner prescribed in division (E) of this section. (0) For acquisitions of $10,000 and up, purchases shall be made by the Purchasing Admdniatrator after the co.u...ion baa .,.Yi_ and a__ t:heb1d/qaot.e. Bids/quotes shall be secured in the manher prescribed in division (E) of this section. (E) Conditions for .ecurinq formal bids/quotes. The Purchasinq Administrator .hall either: (1) 'Solicit. -"itin bida/quoc.es .J.n . formal. writ.t.en .......r f=-at. l_at. ~ differw>t ......,.,.. of eupp1y when availabl.,.. "Or (2) ~_ a purchaainq cont.rac:t. eat.ablbhedby aJ.ocal,,,at.at.e, orfeden1 qoYeu.ent.al a9enc)' or cooperat.i_ purcha*inq qroup. ('80 Code, S 2-34) (Ord. 14-83, passed 4-12-83) ~ 36.03 VARIAIlCES BETWEEEN THE BID/OUOTE AIlD ACQUISITION PRICE. The Purchasinq Administrator shall have the authority to make purchaaes for peraonal property, supplies, or contractual services under 5 36.02 if the delivered price does not ei.ther: (A) Exceed 10\ or $1,000 whichever is lower ot the bid/quote price of the awarded vendor: or 5 36.04 llELRAY BEACH (8) Doe. not exceed the next loweat bidder, subject to current price verificationa ('80 Code 5 2-35) (Ord. 14-83, passed 4-12-83) S 36.04 ACOUISITION OF REAL PROPERTY. Whenever, in the op1.n1.on of the City Commission, it would be in the best interest of the city to purchase certain real property which would be required for municipal purposes. the Commission is authorized and empowered to make that purchase at the price and upon the terms and conditions it deems to be in the best interest of the city. However, before any purchase of real property shall be effected, a notice of that purchase, settinq forth the terms and conditions of any purchase of r.al property, shall be first published once a week for at least two weeks in a newspaper of general circulation published in the city before adoption by the Commission of a resolution authorizinq the purchase of the property at the price and on the terms and conditions set forth therein. ('80 Code,S 2-36) (Ord. 14-83, passed 4-12-83) ~ 36.05 BIDDING PROCEDURES. (A) Specifications. In the case of sealed competitive bidding for any purchase of, or to COver any contract for, the acquisition of qooda, services, or structures, and regardless of the anticipated whole cost, the e1ty.ahall furnieh to each bidder a unifomly equal de.cripeion.,- .apecUication, ,.or- p1aa# ',toqether vitia '.pecilicalJ.y e~ted .&l~mativee l:Mreto, which will cover all aspecta of type, l<itlcl, character, quality, ,or quaat.t.~Y',~#"-end'tbe --..'11-- allowable . t!l. for tI>e daliftZyottl>e 9OQCls, or the completion ot the contract for wbich bids are invited. Furthermore, in the ca.e that emergency requirements may render time, as such, to be of the essence of the contract, those original specifications (available to all bidders) shall contain a formula which evaluates time in te~ of dollars per calendar day or fraction thereof, which may be properly used in effecting a determination of the lowest competent bidder, and which .hall be the baais for the calculation of any penalti.. to be aa.essed aqainst the contractor in .. final .ettlement for his failure to meet the previously established completion time schedule. Where po.sible, specifications shall be those in general use in an appropriate trade or industry, and shall be referred to by name and title (as in the ea.e of the standardized specifications issued by the American Society for Testing Materials) . (B) Deposits, penalty bonds. FIllANCE 72 Bidders may be required to make those deposits as may be deemed requisite to cover the cost of any plans or specifications; these deposits being redeemable upon application of the bidder when the plans and specifications are returned in acceptable order. Bidders may also be required to post penalty bonds as may be deemed necessary to protect the city fully in an eventuality as the inability of the vendor or contractor properly to fulfill tiae terms of the purchase order or contract for any and every reason. ( (C) One-price, co~t-plus, and dollar amount bids. Invitations to bid shall define the nature of the bid in terms of these categories as a one-price bid, a cost-plus bid, cost-plus fixed fee bid, or a dollar amount as it may be determined by a stated formula (but only one category shall be defined in the invitation). (1) In the case of a one-price bid, the whole cost to the city shall be inclusive of all cost and expense elements as engineering, leqal, or technical consultation fees, job-preparation expense, insurance premi~, shipping charges, stand-by time, and the living or traveling expenses of job personnel (although a detailed schedule of all costs and expenses shall not be required to be disclosed in the case of a one-price bid), together with a schedule of proposed terms of payment and any allowable discounts. ( (2) A cost-plus, or any sliding seale, bid may be invited with the concerted approval of the City Manager and the Director of Public Works in the case of a proposed project for which reasonable cost or expense estimates do not appear feasible (as in the ease of a project involvinq possible removal of unknown quantities of concealed rock). Under this circumstance, the bid shall set forth the total of all of the details of determinable COsts and expenses toqether with schedule. ot the variable cost ele~nt. as unit-costs, per diem coat., and the like, &s are required by the bid invitation. (' 80 Code, 5 2-37) S 36.06 COMPETENCY IN BIDDING. O:lalpetaacy in bi~ .is det.i.ned..s bei'1ll. able propedy to, _lItrate "/ide' Or.' iadulltry pzof1c1ency,' ,ataridin9. Uld". . qualit1cat1ons,Uld tJw .tiAilllcial.ab1lity'e6 deli_r tJw 9QOde or.1;o ~~ ,tJw'contrac:t ..e executed., t098t1>er w>.u tI>e...-se1on of.' . bid which" iA -.:y. _epeec.;..fully_.,. __li_ "itia tJw te..... conditione, Uld specification_, or lIt.ted alternative_ 73 DEIMY BEACH thereto. which were made a part of. or which are inherent in.. the invitation to bid. ('80 Cod~, 5 2-38) 5 36.07 DISCARD OF BID OF INCOMPETENT BIDDER. . F~. ~'jIIIllr'~!""'t'~o. ClCllIply fully W11:A the_bien. of S 3$.06, OX any of tbia'_~~r"aay.ftft1.t in the eIi._ ~fAt. Atcl .f~ any . .1'18.... or COOIi.derataoaiD.~ _~tedpurcba'. or contract. " ('80 Code, 5 2-39) 5 36.08 EMERGENCY PURCHASES. The prOV1S10ns of 5 36.02 notwithstandinq, the -city 1IaDa9a~ or his de..i9Dee, as specified in writinq, "ahall have the authority to. _ ceJ:t&iD _rgency purchaa..,~y .."""". the bMl1:A,; ...fety,.or _nl.tMlf.... of .U.... .. .i9Difi.....t,,_ified puzti.... of the re.ideat...f the . city a~' affected. (A) Th. City Manager ahall institute written administrative procedure. for the proper execution of the emergency purchases by city administrative staff .s set forth herein. (B) FOE _gIDCYPUrcba... tlbich.... -AOC anticip.ted:to--Rr..d-'lOt~"Cbe City ....nl9lr ....1__ .t:ba authority 1:owaiva. .tMp."",iai....,..t ..fortb ,,j.a S 36.92 of t.bia cocs.f:'and ahall auba_antly .0 notify the City Conrni...ion of such emergency purchase. (C) For -_cy Pll"cba'" ..1ObiCh &1:e. ""Ant': ~,c j pat.ecl-,~O'h"'1".. cl.ca."..-o( ..:f1O. 000. -the .CitY"'ft-verahall. ~ir.t,. aaclaa""" to ,aotifythe-'yor far .pw;pc>4I' ,of calling 4 ~;.l._~..~.of.~, CitY,., -eo..i...iaQ"to: appJ:::J..._ aicI<~:j.ft" -adv_. If the City Kanager deteEllines that . quorum for such an emergency special City Commission meeting cannot be obtained. the City Manaqer shall have the .uthority to make suchpurchas.. pl:O"ideci.'~1:Ae ~ .........rnotUi.. the'::C1t,y 'C:-U1i0ll.. both. "ed>alJ,y .,ancliD ""i~1Il9 .itlWa~4 half';''''.f""r thapurcha.e.hN.bean aec:ut.ed, .nd that th~ purchase ,hall'be subsequently ratified by the City Commission at the next regularly scheduled City Commission meetinq. (D) For pu:rpoa~s of tAta a~ctioa, N....~.......,": .u1'Ji,'-'.....:':..':."~aatioa iawb1ch tbe baal;t1... .aa.f~..o.li.:l1~.l..a.ltu..~. a1.\. t;l>e ....4.cIerlc......r .....~t:l- . ~fiacl~....f,~_;.1h~:_1:Ae ;:.~f d:~f~,~~~,~~;;t~, ~,~.PKchaaing,JI'~n '~.....fortb ,... t .36.02. rather than through '~e emerqency procedure. set forth herein. (Ord. 155-88, paaaed 12-13-88) 1989 S-2 FINANCE 5 36.18 CONTRACTS FOR PROFESSIONAL SERVICES <I 36.15 STATE LAW ADOPTED BY REFERENCE. There ia hereby incorporated by reference and made a part hereof F.S. 5 287.055, also known as the Consultants' Coq>etitive Neqotiation Act. Copies of the Consultants' Competitive Negotiation Act are on file in the City Clerk's office and inter.sted partie. may obtain copi.. of the Act there. ('80 Code,S 2-50) 5 36.16 INTENT. It is declared to be the legislative intent of the City Commission that the city and all of its constituent commissions, boards. authorities. and the like. with purchasing or procurement authority. comply to the fullest extent with the spirit and mandates of F.S. 5 287,055, and thia subchapter. (' 80 Code. 5 2-51) 5 36.17 DUTIES OF ADMINISTRATION. (A) The city administration shall have jurisdiction to perform the functions set forth for the city and all its constituent commdssions. boards. authorities. and the like whether they were established by or brought into existence by ordinance. resolution. or motion of the City Commis~ion. ('80 Code, 5 2-51) (8) The city administration shall . encourage firm8 engaged in the lawful practice of their professions that desire to provide professional services to the city. to submit annually statements of qualifications and performance dat.. (F.S. 5 287,055 (3) (b)) 5 36.18 ANNOONCEHENT REOUIRED, PROCEDURE. When the city administration has been advi.ed of the need for profeaaional service. aa defined in F.S. 5 287.055 (2), the administration shall commence the pUblic announcement procedures required by F. S. 5 287.055 aa followa: (A) PUblicly announce. in a uniform and consistent manner. each occasion when professional services are required to be purchased for a project the basic construction cost of which is estimated by the city to exceed. the threshold amount provided in F.S. 5 287.017 for cateqory five or tor a planning or study activity when the f.. for professional services exceeds the threshold amount provided in F.S. 5 287.017 for category three. except in case. of valid public ~rqencies so certified by the city. (8) The public notice shall include.a qeneral description of the project and shall indicaee how interested consultants may apply tor consideration. (F,S. 5 287.055 (3) (a)) I City of Defray Beach ~@ PUR-3.0 PurDose: ADMINISTRATIVE POLICIES AND PROCEDURES MANUAL SUBJECT: PURCHASING: INFORMAL BIDS NUMBER PUR-3 SUPERSEDES o REVISIONS o EFFECTIVE DATE: PAGE December 14, 1984 10F 1 The purpose of this directive is to establish standard procedures for the taking of informal bids. PUR-3.1 Definition: Informal bids (quotations) is a process for receiving quotations for items for purchases under $6,000. PUR-3.2 ResDonsibilities and Procedures: A. Purchases Under Sl.000: For purchases under $1,000, at least one (1) informal telephone quotation, a listing from an official price guide, or the best available price will be obtained. This information will be noted on a City of (- lray Beach Requisition. This includes one item purchases or aggregate ' ...ount purchases under $1,000, but this procedure does not include items already purchased under the Blanket Purchase Order. B. Purchases between Sl.OOO and S2.000: For purchases between $1,000 and $2,000, three (3) informal quotations (telephone, in person or in writing) or quotes from official price gUides (State contract price, etc., if available) will be re- quired. Information obtained will be recorded on "The City of Delray Beach Requisition" or City "Proposal" form by PurChasing. C. PurChases between S2.000 and S6.000: For purchases over $2,000 but under $6,000, three (3) written quotations (if available) must be obtained. The Request for Proposal form will be completed by the PurChasing Office where a control number will be assigned and mailed to prospective bidders. If the Department Head does not know at least three (3) potential bidders, the Purchasing Office will attempt to complete the listing. Upon receipt of the quotes, the PurChasing Administrator will summarize the propOsals on a spread sheet. The Purchasing Administrator will review proposals for compliance with user departments and various administrative services, on ,n as needed basis. When the selected proposal meets all departmental, legal, insurance and administrative reqUirements, Purchasing will issue I Purchase Order. Copies with the award will be forwarded to: Vendor User Department ACCounts Payable - for encumbrance, and a Copy filed in PurChasing Informal Purchasinq Procedures - Under $6000. No Legal Advertisement In Newspaper No Formal Bid Opening If Under $1000. - Competition Not Required $1000. - $1999. - 3 Quotes, Verbal or Written $2000. - $5999. - 3 Written Quotes (Quotation Request) Formal Purchasinq Procedures - $6000. and Over Legal Advertisement In Newspaper Formal Bid Opening after which no additional bids are received. $6000. - $9999. - City Manager Approves $10,000. and Over - City Commission Approves Awarded to Low Responsive Bid Submitted by Responsible Bidder. (1) Low Bid - (2) Responsive - Meets m~n~mum quality specifications, submitted on our forms, makes sense, legible, fair & reasonable price (3) Responsible - Can bidder do what he says he's going to do? (Capacity to Deliver or Complete in time frame needed) Has he been barred from doing business with other govts.? Is he an honest business man? (Check references) VENDOR SUMMARY OF QUOTATIONS ITEM QUANTITY VENDOR. I VENDOR.2 VENDOR . S . . TERMS F_O.B. SHIPMENT AWARD TO: . DATE ISSUED DELIVERY REQUIRED "IEPLY NO LATIER THAN THIS INQUIRY IMPLIES NO OBLIGATION ON OUR PART. CHANGES OR SUGGESTIONS OFFERING COST ECONOMIES ARE SOLICITED. ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT TERMS F.O,B. SHlfOMENT VIA SHIPPING WEIGHT SHIPMENT PROMISED CITY OF DELRAY BEACH PURCHASING DIVISION 434 South Swinton Avenue Public Works Complex Administration Building Delray Beach, Florida 33444 QUOTATION REQUEST N~ . 203 ~~T~~~V:S :~:~~~~::~-:"::::ONODNIEN'::~ THIS IS NOT AN ORDER BUYER OTHER REASoNS IEASON ORDER PLACED WITH SUCCESSFUL BIDDER .OWIEST P'RICE QUAL.ITY BEST DEL'V SERVICE ONLY SOURCE BEST DESIGN o o o o o o RETAIN THIS ORIGINAL IN PURCHASING DEPARTMENT " '. City of. Defray Beach ~@) CORRECTION ADMINISTRATIVE POLICIES AND PROCEDURES MANUAL SUBJECT: Purchasing EmergenCy Purchases NUMBER PUR-IS REVISIONS o ~AGE 3 . OF SUPERSEDES ~ o PUR-18 PurDose: The purpose of this document is to establish responsibilities and to implement procedures to be followed when making emergency purchases for the City of De1ray Beach. PUR-18.1 Definition: Emergency- A situation or occurrence of a serious nature, developing suddenly and unexpectedly which demands immediate action. PUR-18.2 ~ ~ Use EmerQency Procedures: A. The decision to initiate emergency purchasing procedures will usually be governed by the occurrence of an unexpected situation. The action taken to correct an emergency must be governed by common sense and adhere to established purchasing procedure whenever possible. B. It is recognized that not all situations or occurrences can be anticipated. Examples of emergency situations may include, but are not limited to, imminent danger to life and/or property or breakdowns of equipment that may cause serious curtailment of services to residents. During situations meeting emergency criteria, emergency purchases may be made by the Purchasing Department, affecting City Departments, and/or individuals directly involved with the unusual conditions. C. Emergency purchasing procedures may not be implemented to procure goods and/or services needed to carry on what should be considered normal operations. Failure to anticipate normal. operating needs is not to be confused with an emergency situation. SUBJECT: PURCHASING EMERGENCY PURCHASING Page 2 PUR-18.3 EmerQency Purchases DurinQ Normal WorkinQ Hours: A. The Purchasing office is open fo~ business Monday thru Friday, from 8:00 am to 5:00 pm. During this time the Purchasing Department must be notified of an existing or impending emergency situation. B. To initiate an emergency purchase, the affected department or individual shall call the Purchasing Department and advise the nature of the emergency. Requesting party shall transit to the Purchasing Department all pertinent information as to cause, what is required to resolve the situation and possible source of supply, if known. C. The Purchasing Department shall take action to secure the needed item and/or service in the most expeditious manner possible. The affected department shall assist Purchasing in obtaining source of supply and pricing when time and circumstances warrant. Upon securing the needed item and/or service, Purchasing Department shall advise requesting party as to delivery, pick-up, or other information that may be pertinent. In addition, Purchasing will issue a purchase order number over the phone. Then the using department shall fill out a confirming requisition with the purchase order number on it, and submit to Purchasing along with proper documentation of emergency. D. Requesting party shall, at the earliest possible moment, prepare and forward to the Purchasing Department a purchase requisition filled out in the prescribed manner showing the items and/or service requested under emergency conditions. The purchase requisition shall be noted in conspicuous manner to indicate that it is for the purpose of confirming a request for emergency purchase. Requesting party, in addition to the confirming requiSition, shall submit in detail, an explanation as to the circumstances surrounding the emergency condition which shall become a part of the permanent record. PUR-18.4 EmerQency Purchases At Times Other IhAn Normal WorkinQ Hours: A. When an emergency situation arises and Purchasing cannot be contacted, the affected department or individual must follow sound practices when possible. When it is not possible to follow procedure, the need to keep accurate and detailed records of the situation becomes even more critical. SUBJECT: PURCHASING EMERGENCY PURCHASES Page 3 1. Emergency purchases up to $999.00 must be authorized by the Department Director or designated department personnel. 2. Emergency purchases for $1,000.00 to $5,999.99 must be authorized by one of the following, in preferred order as listed: a) Purchasing Director, b) Assistant City Manager, c) City Manager, d) Department Head or his designee. ( 3. Emergency purchases for $6,000.00 and up must be authorized by one of the following, in preferred order as listed: a) City Manager, b) Assistant City Manager, c) Purchasing Director, then, if none available, d) Department Head or his designee. 4. Emergency purchases for $10,000.00 and over shall be properly documented, submitted to the City Manager by Purchasing, and shall be so noted to the City Commission at their next meeting. B. All available information surrounding the emergency purchase must be submitted to the Purchasing Department no later than 24 hours after the occurrence or at the beginning of the next regular work day in the case of weekends and holidays. C. Information shall include a detailed description of the emergency situation, events leading up to it, if known, corrective action taken, vendors/contractors used to correct situation, cost (known or estimated), available funding sources, invoices, jOb tickets, etc. Information also includes a requisition which must be filled out in the same manner as when used for normal purchasing requests with the addition of marking the "Emergency" box in a conspicious manner and so noting in the description section. ( D. When you declare an emergency. you are taking the initial responsibility for expending City funds. The action taken must be JUSTIFIABLE and DOCUMENTED. SUGGESTED FORMAT FOR THE PUBLIC HEARING ON THE COMPREHENSIVE PLAN May 23, 1989 before the City commission 1. Members of the public raise issues and subject through testimony 2. All comments in support are taken / 3. All comments in opposition are taken (*) 4. The Mayor calls for staff comment 5. commission discussion (may seek additional comment from specific members of the public, staff, or P&Z Board) 6. commission action/direction: - A. If request is to be REJECTED -- vote to not accommodate the request. B. If request is to provide direction, provide a brief language options. be given FURTHER CONSIDERATION -- by vote or consensuS, and staff will background/analysis and suggested C. If request is to be ACCOMMODATED -- provide firm precise direction; language will be prepared consideration on May 30th. and for 7. Proceed to next item (*) If it is the apparent position of the commission not to accommodate the request, the Mayor may dispense with opposition testimony and seek rejection of the request. ----------------------------------------------------------------- ----------------------------------------------------------------- AlA UOCUMENTG711 OWNER 0 ARCHITECT 0 CONSULTANT 0 FIELD 0 ARCHITECT'S FIELD REPORT PROJECT: vFRo f'Ef.\.CH roue(=:. "'~:;{7I...-rioJ CONTRACT: FIELD REPORT NO: ARCHITECT'S PROJECT NO: 5Z DATE WE 3- 10-<-'.') TIME WEATHER TEMP. RANGE EST. % OF COMPLETION CONFORMANCE WITH SCHEDULE (+, -) WORK IN PROGRESS PRESENT AT SITE i. Pik-x:Jz.ki ')'''''8 be> cVvvvv,;p<k:,.- Wi'l"V, '2.-, ~Vv.:>b CCvvt nlC'e.v W.c r(", , 1xzCll1ACl +((nr lJCl~C)'vL.g ~vvU:..1-VV(1, ll-t<.1 4 ~L-C1.-\'i--~ C(l./?VVtf.k {.vw-d c;.,.~"'1ll'^b ,:l-c-r,-r'?_ c; (o...u..-tk.-wt pc.~d- ~CVl: .C(Vp'p-t.--v;& s', ~e.1/\.('V1N6 (/\rt1I.kl/trZ't.,) p-c~ 0.. 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(2") C;t!-cLUV k 1'),'-OC'-'Lt'7 (shb:::t.~Hecl c.c {'vIr J. kH to . tv! r T- Ja~:;C>1I . - hbcu-d . . ., . Bf-{ci .tZS' Ht1"(MC1..I""~' J. ,'-\ cl-n:vVVl Hr c,. i-e\.v";'S '/'-I r. REPORT BY: .' LA IN Of"ICI:S Of ROGER G. SABERSON, P.A. DELH,^\, EXECUTIVE MALL 110 EAST ATLANTIC AVENUE DEl.RA Y UEACII. FI.()HIUA :B4H (.W7l 272-thjI6 May 22, 1989 Mayor and City Commission City of Delray Beach 100 NU First Avenue Delray Beach, Florida 33444 Re: Marina Cay correction to proposed Comprehensive Plan relatinrr to Larve Scale Mixed Use Desipnation and underlvinp: land use desi~nations of Commercial and Medium Densitv Re.sidential Dear Mayor and Commissioners: You will recall that Ordinance 159 -88 creating the Large Scale Mixed Use Development designation was adopted in December of 1988. It was understood and agreed that when the City's new Comprehensive Plan was prepared and sent to the Department of Cownunity Affairs that the amount of underlying commercial designation would be increased to 2 acres and the ratio decreased from 1 to .75, thereby allowing the Marina Cay project to maintain the same amount of commercial square footage. The balance of the Marina Cay property was to be designated with a designation equivalent to MF-IO (Medium Density Residential under the new Plan). The proposed Comprehensive Plan that is before you does not include the above-referenced underlying designations of commercial and medium density residential. Instead, the entire property is designated MediUlll Density Residential. Therefore, on behalf of the Marina Cay project we would request that the Commission direct that the appropriate changes be made to the proposed Plan before transmitting it to the Department of Community Affairs. I attach hereto a copy of a memorandum from Mr. David Kovacs to Mr. Walter Barry which was transmitted to the Commission at its meeting of December 13, 1988, at which time Ordinance 159 - 88 was adopted on Second and Final Reading. Mayor and City Commission May 22, 1989 Page 2 I have met with Mr. they have no objection to Plan. Spence and Mr. Kovacs concerning this request and the requested change of the proposed Comprehensive Sincerely, ROGER G. SABERSON RGS/jb Enclosure cc: Mr. Walter Barry Mr. Frank Spence Mr. Mr. David Kovacs Mr. Jim Nowlin Mrs. Lois Kelly P.S. The above change should also apply to Tract A of Snow Hill. which should have applied to it the Large Scale Mixed Use Designation and an underlying designation of Medium Density Residential. (, .. C I T Y COM MIS S ION DOC U MEN TAT ION FROM: WALTER O. BARRY, CITY MANAGER Ch)~ ~ \.(~~- DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING r TO: SUBJECT: MEETING OF DECEMBER 13, 1988 AGENDA ITEM ORDINANCE 159-88, L.S.M.U. PLAN TEXT AMENDMENT ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval, on second reading, of this amendment to the text of the Land Use Element. A public hearing is required. BACKGROUND: This item had first reading at the last meeting of the City Commission. Subsequently it was discussed at a work session of the Commission. At that time, additional modifications requested by Mr. Roger Saberson were accommodated as was setting the "ratio" for the "maximum ratio approach" at 1.0. The ratio of 1. 0 was accommodated only in order to allow the proposed Marina Cay project to continue processing to the rezoning level. It will be necessary for the project proponents to obtain a S.A.D. zoning designation in order to construct the project. At the work session, all parties agreed to the above and that at the time of adoption of Ordinance 159-88 the City Commission should provide direction to staff as follows: 1) that the Land Use Element of the Comprehensive Plan (now under revision) shall establish the ratio at .75. 2) that the Land Use Map of the Comprehensive Plan (now under revision) shall, in the form submitted to D.C.A. for formal review, include two designations for the Marina Cay property. They shall be as follows: a) an allocation of two acres of commercial land use alo~t~Fe!deral-HIlhWay frontage of the property with the balance be ng equivalent to the current designation or--MF-10; and, , _. . ~ ""7-3 To: Walter O. Ban_. City Manager Re: City Commission Documention Meeting of December 13, 1988 Ordinance 159-88, L.S.M.U. Plan Text Amendment Page 2 r b) any other designation as recommended by Planning and Zoning Board and accepted by the Commission (this may be the same as per "a"). the City 3) at the time of final adoption (anticipated to be December of 1989), the City Commission shall consider the progress made on the proposed Marina Cay L.S.M.U. project and shall apply the most appropriate, in its jUdgement, land use map designation. In another procedural amendment. matter, correspondence concerns regarding That correspondence is from the City enactment of attached. Attorney raises the proposed RECOMMENDED ACTION: , , i I By motion, approve Ordinance 159-88 on second and final reading" and direct that the City Clerk include points 1, 2, and 3 as described in this staff report in the Minutes of this meeting in order to document said City Commission direction. Attachment: memorandum from the City Attorney Ordinance 159-88 prepared by others c: Roger Saberson, Agent for Marina Cay REFDJK*30/CCLSMU.TXT , - . !oj /^' / . LAW OFFICES OF ROGER G. SABERS ON, P.A. DELRA Y EXECUTIVE MALL 110 EAST ^ TLANTlC A VENUE DELRA Y BEACH. FLORIDA 33444 (407) 272-8616 May 22, 1989 Mayor and City Commission City of Delray Beach 100 NW First Avenue Delray Beach, Florida 33444 Re: Proposed Comprehensive Plan - Use of SAD Zoning District and Prohibition on Rezonin~s to commercial retail use Dear Mayor and City Commission: In regard to the new proposed Comprehensive Plan which you will be forwarding to the Department of Community Affairs on or before June I, 1989, I would request that you consider the following: 1. How is the SAD zoning district to be used under this new Comprehensive Plan? Since the Comprehensive Plan will govern and control the zoning district regulations adopted under it, it is important that the Plan contain policies reflecting your intention on the use of zoning districts, including the SAD District. a. Traditional Use of SAD Zoning District - the City has in the past used the SAD Zoning District as a floating zone which could be placed anywhere in the City with whatever uses the City Commission determined at the time of adoption of the SAD Zoning Ordinance for a particular parcel of property. As you are aware, it frequently occurs in connection with a zoning application that a landowner or developer will come in for a proposed use which the people in the surrounding area don't obj ect to, however, the people do obj ect to the property being rezoned to a category that would permit other uses which they might consider objectionable. The SAD Zoning District permits the rezoning of the property and approval of the use or uses which the City Commission, developer, and people in the area can agree to and deletes the objectionable uses. At the present time I am working on a project for All American Enter- prises pertaining to the property located on the south side of Lake Ida Road west of Congress (the property presently contains a Mr. Grocer and Delray Shores Pharmacy). We originally sought a rezoning to LC or NC; however, after people in the area raised objections as to some of the uses in those zoning districts we have been pursuing with them a determination of a list of uses which all parties may find acceptable, which could then be included in an SAD Zoning District to be applied to the property. Mayor and City Commission May 22, 1989 Page 2 Unfortunately, the way the new Comprehensive Plan has been prepared, this type of use of the SAD Zoning District, i.e., its traditional use, is probably precluded unless the Commission directs Staff to make appropriate amendments to the proposed Plan so it conforms to traditional prac tice in the City. Starting on page III-G-33 of the new proposed Plan, the new land use designations are listed together with the zoning districts that would be considered to be consistent with those land use designations. No where is SAD mentioned as being consistent with any land use designation except Large Scale Mixed Use and other Mixed Use on page III-G-38. Language needs to be added to permit the continued use of SAD as it has been used in the past. 2. Prohibition on rezonings to retail commercial use. On page III-G- 14, Policy A-l.4, it provides as follows: "Except within Redevelopment Areas, no changes to the Future Land Use Map and/or rezonings to retail commercial use shall be allowed unless a market study conclusively demonstrates a comDellin~ public need. Where such a need is shown, such retail centers shall be located at the intersection of arterial roads; however, overcommercialization of such intersections shall be avoided in order to assure traffic safety and efficient circulation. " I would suggest to you, prohibit all retail commercial that you delete this policy. that unless your intention is actually to rezonings other than in redevelopment areas, No market study will ever be able to demonstrate conclusively a comDellin~ public need for a rezoning to retail commercial. Even if a study could meet this standard, the only property that could be rezoned would be at the intersection of arterial roads. Please note that on page III-G-ll in the Table of Contents pertaining to these policies the title of Policy A-1.4 is "Prohibition on Commercial Rezonings II . This policy would also impact a rezoning such as a SAD rezoning where although the zoning category is not "retail commercial use", if the SAD District contains retail commercial uses within it, it could fall within the prohibition on rezonings contained in this policy. In addition to the Lake Ida Road property referred to above it would also adversely affect the Marina Cay property which is to be rezoned to SAD, and I am sure the above policy will potentially adversely affect many properties in the City and the Commission's ability to grant a retail commercial rezoning in a case in which the Commission might otherwise think it is justified. . May 22, 1989 Page 3 pursuant District, project. to the Plan is to be implemented by the contemplates retail commercial use as use one of an SAD Zoning component of the Thank you for your consideration of the above matters. Sincerely yours, . / . /. 'u I'., . :/' I / , '. <, I .:. '.___' I 1/ '.. v . ~: V >' ROGER G. SABERSON RGS/jb , . CiTY OF DELRAY BEA[H WHEREAS, Mr. Thomas Johnson came to Delray Beach in 1976 and has been an active member of the community since that time; and, WHEREAS, Mr. Johnson citizens of Delray Beach as the sells roasted peanuts throughout is affectionately known "Peanut Man" due to the the City; and, by the =act he WHEREAS, Mr. Johnson has been a member of the Democrat Club for the past three years, a member of the N.A.A.C.P. since 1976 and attends a large number of Commission meetings; and, WHEREAS, Mr. Johnson will be 80 years "young" on May /.1, 1989, and will celebrate his birthday by participating in his favorite pastime, attending a Commission meeting on May 23, 1989, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, on behalf of the Commission and the citizens of the City of Delray Beach, do hereby extend best wishes and the happiest of birthdays to Mr. Thomas Johnson. . IN WITNESS lfflEREOF, I have hereunto set my hand an~ caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 23rd day of May, 1989. MAY 0 R DOAR S. CAMPBELL SEAL &;/\ CITY DF DELRAY BEA[H " :1 , _ ,....J-l. WHEREAS, in 1966 there were two subdivisions located in De1ray Beach known as Tropic Isle and Tropic Palms that were. because of financial problems, abandoned and uncompleted; and, WHEREAS, in 1966 First Federal of Miami assigned Carl Bolter the task of correcting the conditions that existed on the two abandoned subdivisions; and, WHEREAS, with Carl Bolter's determination and the excellent working relationship established with the City offi- cials, developers and residents of the area he was able to over- come the resistance he encountered along the way; and, WHEREAS, after months of discussion and many difficult hours working out the financing, the projects were underway, sewers were installed in order to clean the spoil areas in South Tropic Isle, negotiations were made with State agencies to release their liens in exchange for the deepening of Tropic Harbor: and, WHEREAS, after much frustration and diligent work, the developments were finally underway, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission of the Ci ty of Delray Beach and the residents of the areas, do hereby recognize and commend Carl Bolter for his determination and dedication in the development of Tropic Isle and Tropic Palms. 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 23rd day of May, 1989. MAYOR DOAK S. CAMPBELL , SEAL' " , .~ - ~ " -, - /. (' -. \ \'- \.~ - , l, (OB CITY OF DELRAY BEA[H - '-::C'. "t: J:" _-'i~'- =':.~'~. ~L:;-; :;..:.. 33.144 "j, F}((/1 .,1 il;(,-~.- WHEREAS, more Americans each year are choosing recrea- tional boating as an ideal way to relax with their families and friends. However, what starts out as a pleasant cruise often ends in tragedy because boaters fail to teach their families to swim, fail to property equip their craft with Personal Flotation Devices and other protective equipment, or fail to instruct their pas- sengers in the use of such devices prior to a boating cruise, and, WHEREAS, every year hundreds of lives are lost in boating accidents. These fatalities can be reduced and boating made more pleasurable if those who engage in it will emphasize knowledge, care and courtesy necessary for safe boating, and, WHEREAS, the Congress of the United States, having recognized the need for such emphasis, has, by a joint resolution of 4 June 1958 (72 Stat. 179), requested the President to annually proclaim one week as National Safe Boating Week, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby designate the week beginning June 4, 1989 as "NATIONAL SAFE BOATING WEEK" in the City of Delray Beach and I urge all who use our waterways to acquire those skills and knowledge essential to their own safety and that of others and to apply them carefully. 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 23rd day of May, 1989. MAYOR DOAK S. CAMPBELL SEAL lac.. CITY DF DELRAY BEA[H 100 NW 1,t AV'::.\Jl.JE DELRAY BEACH =LORI']A 33444 407'242-7000 PRO( LUJA no!' WHEREAS, more than 70 million Americans will choose recreational boating as a way to relax with family and friends in 1989. Unfortunately, tragedies do occur on the water. Respon- sible boat operators learn about their boats, safety equipment, the environment in which they operate and in their own abilities and limitations; and, WHEREAS, in recognizing that hundreds of lives could be saved each year by spreading safe boating information to the public, the Congress of the United States by joint resolution requested the President to proclaim annually one week as National Safe Boating Week; and, WHEREAS, the U. S. Coast Guard Auxiliary will be cele- brating its 50th anniversary in June, NOW, THEREFORE, I, DOAR S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby proclaim the month of June, 1989 as "50TH ANNIVERSARY OF THE U.S. COAST GUARD AUXILIARY" in the City of Delray Beach and urge the residents to Jo~n in celebrating the 50th Anniversary of the U.S. Coast Guard Auxiliary during the month of June. 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 23rd day of May, 1989. MAYOR DOA!< S. CAMPBELL SEAL '0, " _ I c, \. - - I' '- _0 ~b C I T Y COMMISSION DOCUMENTATION TO: WALTER O. BARRY, CITY MANAGER ~P;" y. . VIA: FRANK R. SPENCE~RECTOR ~ELOPMENT SERVICES GROUP FROM: ~~I~~A~~TOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF MAY 23, 1989 TRANSMITTAL HEARING, COMPREHENSIVE PLAN ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of forwarding the proposed Comprehensive Plan to the State Department of Community Affairs. Prior to transmittal a public hearing must be held. Changes may be made. BACKGROUND: This public hearing is being 163.3184(3)(a). Notice has been 163.3184(15). held pursuant to provided pursuant to F.S. F.S. The document before the City Commission has evolved over the past three years with a strong emphasis in the last nine months. The document is the result of extensive citizen participation (see Part VI) and previous review by the Commission in public work sessions. Further, this document has been subjected to two pUblic hearings before the Planning and Zoning Board. The Commission shall make whatever changes it deems appropriate prior to transmittal to the State. After review by the State and other agencies another public hearing will be held prior to formal adoption. The focus of that latter public hearing should be confined to information received during the review period. The following documents are provided in addition to the Plan document and are part of this record: a) Listing of Maior Changes: prepared on May 8, 1989, this six page document identifies major changes which occurred between the time the Planning and Zoning Board forwarded a draft plan to the City Commission and the time of the first public hearing before the Board. b) Minutes of May 8, 1989. public hearing: these minutes reflect public testimony and changes as requested on that date. c) Planning and Zoning Board Staff Report. Agenda Item III.A. Meeting of May 15. 1989: this report set forth recommended actions and alternatives in response to the testimony of May 8th. d) List of changes as recommended by the Planning and Zoning Board: This list is the result of formal Board action taken during or following the public hearing held before the Local Planning Agency on May 15, 1989. e) List of items not included: This is a listing of items or testimony/requests made to the Board but which were not forwarded or recommended for inclusion. 7 To: Walter o. Barry, City Manager Re: City Commission Documentation Meeting of May 23, 1989 Transmittal Hearing, Comprehensive Plan Page 2 PLANNING AND ZONING BOARD ACTION: The Board held its required public hearing on May 15, 1989, and has forwarded a recommendation of approval with changes as identified in Attachment "d". RECOMMENDED ACTION: Upon conclusion of the public hearing, forward the Plan to the Department of Community Affairs as recommended by the Planning and Zoning Board with or without additional changes. Action must be by a majority of the members of the Commission. Attachments: (a) through (e) as described above plan document and land use map provided previously REF/DJK*45/CCPLAN.TXT LISTING OF MAJOR CHANGES The fOllowing is a list of major changes which have been made to the draft Plan from the time it was forwarded to the City Commission (February 16, 1989) to the present (May 8, 1989). The listing is provided in a section-by-section format. A marked-up copy of the earlier plan document may be reviewed for those who are interested in the details of all, or any, of the specific changes. Conservation Element: Page III-A-3 deletion of "Linton Corridor" and "Lowson Scrub" from the inventory of native ecosystems since they have been essentially destroyed by recent development. The associated map has been revised accordingly. Deletion of Policies A-l. 2 and A-l. 3 as new information shows future water supply (source) to be adequate; that reverse osmosis will not be pursued; and lime coagulation will be implemented in the near term. Deletion of "Blood's Grove" from the list of environmentally sensitive areas identified in Objective B-1 and deletion of Policy B-l.5 which dealt with Blood's Grove. In the funding program (Part IV), all allocations for the purpose of retaining "preservation/conservation" prosperi ties have been deleted. Public Facilities Element: Page III-B-3 identification of $2,406,000 R&R costs at the wastewater treatment plant. Confirmation that City growth will not require expansion of the plant. Emphasis on I/I program. The above items lead to negotiations, through the Regional Board, with respect to sharing of costs. Specific policies to this effect - see new Objective C-6. III-B-5 identifies commitment to lime coagulation ($5,865,000). This approaches negates other portions of the background which addressed reverse osmosis. Policies were altered and deleted accordingly. III-B-6 addition of performance analysis of the water distribution system, long-term $16,000,000 costs identified. - 2 - , c t i . l , ~ , t P tt " ~ \ \ "~ \,J~ \.~ ~ .i . ,,;' )...., \\.,\~ T'" w", '" n \. \ \ ~...~ . l \c ' ~ . i ~ III-B-7 verified information pertaining to water supply -- leads to conclusion that new wells are not needed but that we should proceed with acquisition of land/rights purchase in the eventuality that a new source becomes necessary due to environmental factors. Deletion of related former policies B-2.l, B-2.2, and B-S.2. III-B-ll addition of inventory and analysis for street conditions and buildings. Identification of costs. New Objective E-3 provides for implementation. III-B-l3 "needs and recormnendations", changes to reflect new information. Former POlicy A-3.2 deleted for lack of verification of situation. Goal Area "D" modified to include expenditures for cemetery and future space needs for the City administration. Objective E-l, modified so that the start of projects under the Drainage Facility Bond cormnence after drainage projects, ini tially financed by the GO Bond, are repaid. Policy E- 2.2 similarily modified. The implications of the changes in allocations is best understood through Schedule of Improvements (Part IV). projects and funding study of the Five-Year Open Space and Recreation Element No substantial changes in the background information. Tables revised to reflect more accurate data. Policy A-l. 6 and deletion project. Policy B-l.2 deferral of annual funding for the Scenic Streets (Beautification) Program until the second planning period -- this corresponds to the completion of beautification activities projected in the GO Bond program. deletion of "Beach Parking" from the project list of former POlicy B-3.l which implemented this The funding/financing of park facilities needs have all (except the Scrub Interpretative Trail at Tropic Palms and the S.W. Park) been placed in the proposed G.O. Bond Program. In-lieu fees pay off previous obligations and then accumulate for funding the S.W. Park in the second planning period. - 3 - , t l l . ~~. , Housinq Element: Figure H-l and related Tables H-l and H-2, corrections and addition of two parcels "G" "H". Policy A-5.1 altered to eliminate commitment for funding (revolving loan fund for housing rehabilitation) Policy B-1. 4 reduction of funding commitment from $500,000 to $100,000 annually; commitment to direct receipts from the Auburn Trace UDAG to this program. Goal Area "D" eliminated as being inappropriate for the Plan document. Coastal Manaqement Element: III-F-12 elimination of reference to providing additional off-street parking. POlicy C-6.6 Atlantic Avenue program given top priority. program. (east of. ICWW) beautification Basis for inclusion in GO Bond Future Land Use: POlicy A-2.4 Auto Related Uses - modified to not allow new uses or expansion of land area devoted to auto related uses anywhere east of Federal Highway. Policy C-2. 4 Rewrite of the Atlantic Avenue Redevelopment Area narrative to reflect the counter-proposal (to initial CRA Plan language) presented by the West Atlantic Association. POlicy C-2. 9 Write-up for the redevelopment area south of the CBD. Previously identified but the description was not included. Objective C dealing with replaced with a new Goal proposed policies from citizen's program which Commission. "schools" per the VISION statements is Area "D" which reflects a combining of the School District and the local was recently endorsed by the City Policy C-2. 8 (formerly C-2 .10) reordering of priorities based upon the proposed GO Bond program. - 4 - ~ I , L l l , Future Land Use Map -- see page III-G-39: modification to accommodate request re Blood's Grove another request was made with respect what is known as Delray Town Center (Pugliese) eastern 10 acres. The request is to change from Office to CommerciaL The change is not included in the draft document. Urban Design Studio will make a presentation at the public hearings regarding this request. Interqovernmental Coordination Element: No substantial changes Traffic Element: III-C-9, ANALYSIS Section: We are now showing the use of FOOT LOS standards on State Facilities. We are maintaining TCRPC standards for County and City streets. Objective B-1 is modified accordingly. Under this approach we only have a problem with the status of 1-95 and Military Trail with respect to meeting long-term standards. There are methods to accommodate these situations so they do not affect our ability to have consistency wi th respect to streets. On a short-term basis, only proposed development which impacts Lake Ida Road will be affected by street LOS and concurrency requirements. III-C-ll, under "needs", revisions have been made to include the construction of SW 10th pursuant to the proposed bond program. Also, the need to reassesses (question) the requirement of an 80' r-o-w along A-l-A and along Swinton Avenue are stated. Policy A-5.3 directive facility" status for requirements. to seek a designation of "constrained A-l-A and reduce ultimate r-o-w Policy A-5. 6 (new) directive to seek acceleration of Lake Ida Road construction with east half beginning in FY 90/91. Policy A-5.7 (new) directive to seek reduction of r-o-w for Swinton to 60' (vice 80') except for that portion between the one-way pairs (N & S 1st Streets). Table T-3, under ultimate rights-of-way change: * * A-l-A Swinton from 80' to 50'- 60' from 80' to 60' - 5 - . , l l . , ~ '" " f , , I Capital Improvements Element: III-H-2 Revised list of mandatory and non-mandatory and remedial needs based upon latest information. Changes throughout to reflect a change in the G.O. Bond program by deleting reference to two $10,000,000 issues. Also, where appropriate, related changes have been made e.g. discussion of impacts upon millage, method of election, etc. III-H-9 Revised GENERAL FUND FORECAST, the overall increase in millage has gone up and the rate of getting there has increased over the first draft of the document. POlicy A-2.2 Revisions to accommodate use of the drainage facility fee for payback of initial drainage projects prior to it financing a bond. Policy A-2. 3 Deletion of allocation of General Fund monies to fund early extension of water and sewer to unserved areas. Also, reduction of allocation to Housing from $500,000 to $100,000 per year. Also, reduction of annual alley and intersection set-asides from $100,000 total to $ 50,000 totaL Finally, addition of $50,000 per year for scenic streets but not to begin until second planning period. Table CI-GOP-l Revised Level of Service Standards. Policy A-3.11 Deletion of Capital Equipment Replacement Fund program. This program can be initiated administratively. It does not have to be in the Plan in order to be instituted. PART IV - REQUIREMENTS FOR CAPITAL IMPROVEMENT IMPLEMENTATION IV-l Insert which lists all capital needs/projects within a category designation. IV-2 and subsequent pages to reflect the new/revised G.O. Bond program i.e. issues of approximately $16,000,000 and $ 5,000,000; overall millage increase from 6.0 to 8.08 over six years from now. Inclusion of descriptions of individual projects proposed in the G.O. Bond program. IV-7 Revised write-ups of the components Excellence Financing Program (ie G.O. Bond, Bond, Drainage Facility Fee Program). The Five-Year Schedule of Improvements is altered to reflect the current schedule of implementation given the new G.O. Bond program and revisions to financing teChniques. of the Decade of Water/Sewer Fund - 6 - , .' ( i l l . , , PART V - PROCEDURES FOR MONITORING AND EVALUATION OF THE PLAN V-l Deletion of the first six "immediate needs" - they have been addressed. Deletion of individual projects/activities which have been dropped through the elimination of their supporting policies (from other elements). PART VI - ADOPTION Newly added. Basically background and compliance information. Please note: The changes which are listed above represent those which the Planning Director deems as being significant and which warrant attention of the Board. There may be other changes which are of particular interest and/or importance to individuals or special interest groups. REF/DJKI44/COMPCHNG.TXT - 7 - c . , l L r t t .. , -. \, , I ~. I 1 MINUTES OF THE PLANNING AND ZONING BOARD CITY OF DELRAY BEACH, FLORIDA MEETING DATE: LOCATION: MAY 8, 1989 CITY COMMISSION CHAMBERS 100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA I. CALL TO ORDER: The meeting was called to order by Acting Chairman Soloway at 7:12 P.M. Upon roll call it was determined that a quorum was present. Members Present: Soloway, Bridges, Coopersmith, Schmidt Members Absent: Schneider, (2 vacancies) Staff Present: David Kovacs, Stan Weedon, Frank Spence II. PUBLIC HEARING* - DRAFT COMPREHENSIVE PLAN The Acting Chairman announced that the purpose of this special meeting was to provide an overview of the changes which were made to the Comprehensive Plan since it was last before the City Commission and to take public COmment upon those changes and other matters dealing with the proposed Comprehensive Plan. The Chair then turned to Mr. David Kovacs, Planning Director, who highlighted changes pursuant to his memorandum dated May 8, 1989 (copy attached). FOlloWing his presentation and overview there were some comments and questions. Then the Board sought public comment. The following individuals addressed the Board: Mr. Bob Basehart. Urban Desiqn Studios. with respect to a land use designation at the corner of Linton Boulevard and Military Trail. He requested that the eastern ten acres be designated as Commercial as opposed to Transitional. He claimed that the current designation of Office was already cOlllllercial in that it allows professional offices. He stated that there would be no material change in impact. He then described current agreements that provide for screening from the Shadywoods I residential development located to the east. He cited results from an economic market stUdy and a traffic study. He then stated that these reports showed the impacts would be minimal and that the project was justified. . . ... . ~ . II . " ~ j . ~".,~. \fV! iI ~~t W~' .. . \ CC'~ , '\. ~ P&Z Board Minutes May 8, 1989 Page 2 J.P. Martel. Shadvwoods. stated his opposition and stated that the Shadywoods community was opposed to any change on the Land Use Map. Norman Ross. Executive Director of the Duncan centerf was opposed to any change. He cited previous history 0 the evolution of land use designations on this property pointing out that only a few years ago the property was residential in its totality. Georqe Anderson. President. of the Lakeview Homeowners' Association, commented on overdevelopment of retail in the area. He cited previous opposition to similar requests for a land use plan amendment and commented upon the methodology which is used for economic studies and traffic analysis studies and felt that such studies w.ere not appropriate when looking at specifics, such as this ten acre parcel. Paul Smith. 924 Jasmine Drive. Tropic Isles. cOlllllent~ about the problems with developer financed market a~ traffic reports. He stated that such reports end up beinf, justifications for what a developer wants. Jean Beer. 945 Tropic Boulevard. voiced her opposition to the request. There being no one else to be heard, the Board Members provided their comments: Helen Coopersmith related her history on this matter and commented that office and retail uses do not equate and that traffic is more of a' problem with retail uses, particularly since it occurs into the evening hours. Diqbv Bridoes stated his agreement with arguments presented in opposition with this request. He also cited that the need for retail redevelopment is in the downtown area and not on the edges of the City. David Schmidt voiced his nonsupport for the request. Sid Solowav stated that he wished to think about the request awhile longer. He asked the agent to cOlllllent about site design futures. At that time Mr. Basehart reviewed a site development plan. Upon conclusion of the presentation, Ms. Coopersmith asked for additional background information and that such information be provided with the May 15th agenda packet. c I t- . r L I , U ~ I , , ~ P&Z Board Minutes May 8, 1989 Page 3 The Chairman then called for the next speakers. The general topic being automobile related uses. Robert Feiderspeil. Attorney representinq the Delray Beach Automobile Dealers, addressed a policy under the Land Use Element and asked that the prohibition for expansion of automobile dealerships onto adjacent properties be amended so that existing automobile dealerships would be allowed to expand onto adjacent properties that are currently auto related uses. He made an additional request that the restraint on existing dealerships on the east side of Federal Highway not apply north of the Central Business District. His arguments for this change were that allowing such uses would accommodate redevelopment which is necessary in that area. Loren Sheffer. Borton Volvo. addressed the potential for the expansion of the Volvo dealership to properties, illllllediately to the north and south and stated that sue'" expansion would be beneficial to the redevelopment of th. area and urged that cOllllllents made by Mr. Feiderspeil ~ incorporated in the Plan change. Jean Beer. 945 Tropic Boulevard. cOllllllented and quoted the VISIONS' 2000 position that no expansions be accollllllodated east of Federal Highway. . The Board then cOllllllented upon the request Coopersmith stating her previous involvement in and that she was opposed to this request automobile uses east of Federal Highway. Mr. Bridges stated that the statements by the Board tonight are directly opposed to the position taken by the Board when they forwarded the draft of the Comprehensive Plan to the City COllllllission and that he was supportive of the request to allow expansion on the east side of Federal Highway. with Ms. this arena to allow Mr. Soloway then directed staff to revise language to accommodate the request. The Board then turned to other matters. Lillian Feldman. Delray Beach. wanted the inclusion of Homewood Boulevard in the street reconstruction program. She cited the memorandum of April 18, 1989, which listed 41 streets. She requested that Homewood Boulevard be widened to four lanes as soon as possible. . \.. . ~ , I - , . , P&Z Board Minutes May 8, 1989 Page 4 Mr. Kovacs responded that the inclusion of Homewood Boulevard should be addressed when the City Commission reviews the list of supplemental streets which would be constructed through the Bond Program and that it would not be necessary to include this item in the Comprehensive Plan. SandY Jamison. Del Ida Homeowners' Association. stated that he represented other associations in the area and sought support for Policy A-S.7 which calls for the reduction of Swinton Avenue right-of-way to sixty (60) feet. Ann Fulton. Old School Square Association. asked that the City seek control of Swinton Avenue. Mr. Kovacs then explained the difference between the long term designation for streets in the MPO Plan and tht requirements for street repair and maintenance by having " street under the County's maintenance system. H.: recommended that efforts to take over the maintenance of the street were misdirected since it is the Plan which states how many lanes a street should have. He further stated that it is the responsibility of the agency which has the maintenance repair responsibility to provide the additional widening of streets, if it is so dictated by the MPO Plan. Marv Lou Jamison. representing various qroups alonq Swinton Avenue, asked about beautification along Swinton Avenue and encouraged more effort in that matter. Board Comments: Mr. Bridges sought reallocation of part of the east Atlantic Avenue funding to Swinton Avenue beautification. It was the consensus of the Board that staff prepare language to this effect. Dottie Patterson. Pineapple Grove Support Group, sought support for the General Obligation Redevelopment seed money to be specified for projects in the Pineapple Grove area. She also desired a more specific policy for Pineapple Grove, specifically identifying the creation of a neighborhood plan. Board Member David Schmidt concurred with the request from Ms. Patterson and stated that he would like to see a specific policy for this area developed. " , . : , i.. ~ , , t ! ~ " ~ , , i P&Z Board Minutes May 8, 1989 Page 5 Frank S nee Director of Develo ent Services provided nput re ative to scuss ons to the C ty's General Obligation Program that was earmarked for the Pineapple Grove area. Jay Slavin. Rainberry Bay. beautification for Lake Ida Road. Mr. SOloway pointed out that Lake Ida Road would be underqoinq construction in the years 1991 and 1992, or soon thereafter, and that beautification efforts undertaken now would be adversely impacted durinq that construction period. souqht additional Bob Hayes. Co-Chairperson. ()pen Space and Recreation Element, addressed the deletion of the north beach parkinq proposal. He noted that additional stress would be placed upon the City's beach accesses throuqh the continu.- growth of Palm Beach County and encouraqed thll reinstatement of the north beach parkinq project. . continued by saying that if it is not reinstated he woul~ like assurance that the transit system policies be pursued in earnest. He concluded by sayinq that, with the exception of the above, the element is well done and the concerns of the task teams were well addressed. Ms. Coopersmith supported the inclusion of the beach parking program. Mr. Bridqes said that he had reservations about pursuinq the purchase of the property but felt that "dOuble-decking" of existing facilities provided an alternative to providing new sites. Jay Slavin again approached the Board to address the Municipal Golf Course and stated the unfinished and unsafe condition alonq Atlantic Avenue should be identified in the Plan and the monies which were set aside in the Bond Issue should be directed impart to correctinq that matter. Jean Beer~ Tropic Boulevard, stated that in her review of the polic1es of the Public Facilities there was no policy that stated the Morikami Wellfield sites should be bouqht and that such a policy should be included. She felt that Policy E-3.2 should include an additional statement which adds that streets identified in the current street reconstruction analysis report be prioritized with the findinqs of the 1985 report. . , t- . t I , .- . ~ . " , P&Z Board Minutes May 8, 1989 Page 6 Lor~aine Kasper. 3000 Spanish Trail. Co-Chairperson of the Public Facilities Element, questioned the priorities being given to drainage projects in the Coastal Zone. Mr. Kovacs responded by stating that the emphasis on the Coastal Zone will show up when drainage projects are prioritized under the Drainage Free Bond Program. Such a prioritization would not occur for quite awhile and funds would not be allocated until the second Planning period. Carol Stanley. Attorney. representinq The Blood's Groves. approached the Board and described the types of uses they would like to see at a future date. She referenced a memorandum dated May 8, 1989 which was prepared by Mr. Kovacs. She stated that she would like to see the term "conference center" used as opposed to a "focus activity center". She stated confusion existed as to how Community Facilities would apply to the property. After discussion by Board Members, there was a consensUl that further consideration of this item be deferred t:4 next week allowing time for the Board to further revi.., and digest information as outlined in the memorandum. Michael Conners. Attorney representinq the Yake Property, cited several policies that pertain to this property, also known as "The 17 Acre Parcel"" These poliCies included Coastal Management Objective C-5; Open Space & Recreation POlicy B-2.1, B-3. 2 and Conservation Objective B-1 and Policies B-1.1 and B-l. 5. He felt that these policies COllectively detracted from the development potential of the property. He stated that existing Mangroves would be protected by State regulations and that it would be much less confusing if the property would simply be identified for mUltiple family residential development and not have the mixed-use concept which is shown on the Plan. His position was supported by Digby Bridges, who stated that designation of Open Space and Conservation areas on private property could be referred to as "Socialism" and that improper taking of property and such things should not be done in Delray Beach. Mr. Schmidt argued that in order to preserve some of the City's natural features they need to be identified as such on the Plan. Mr. Bridges stated that he liked a "Yacht Club" approach to the property as a development potential. . , r.. ~ . , . 1 I , , . . , P&Z Board Minutes Maya, 19a9 Paqe 7 Mr. Conners arqued that since there was no proqram for the acquisition or purchase of the property, that any application of Conservation or Open Space usaqe was inappropriate. Mr. Kovacs suqqested that if the Board felt very stronqly in this matter that the proper way to proceed would be to simply drop the Mixed-Use desiqnations for this total area and put it all into residential with a small Conservation strip alonq the Intracoastal Waterway. Mr. Bridqes stated that this would not be appropriate as they were not addressinq the total site but only "The 17 acre Parcel". Mr. Kovacs responded that placinq the total area into a Mixed Use desiqnation was discussed at the time zoninq of the Enclave 24 and that the Board's position seems to have now chanqed. He suqqested that the Mixed Use conce_ toward aqqreqatinq property and planninq for uniti" development of this area be dropped. . Mr. Conners then approached the Board with respect to the Dorson Property at Lake Ida Road and Conqress Avenue, aSkinq for a chanqe from the Transitional desiqnation to a Commercial desiqnation, statinq that the office market was "soft" and that the office was an inappropriate use and that commercial development could be well done. There was no support from the Board with respect to this proposed chanqe. There beinq no further public comment, summarized by directinq Mr. Kovacs to provide lanquaqe for the items which they have and to include that information in the materials for the May 15th meetinq. the Board appropriate identified backqround III. REVIEW OF AGENDA ITEMS FOR THE REGULAR MEETING OF MAY 15, 1989. Mr. Kovacs asked the Board Members if they would be available for a work session on Thursday eveninq. The members stated that they were available. Mr. Kovacs, then passed out the aqenda for Thursday 's meetinq; the aqenda for the Reqular meetinq of May 15th and the list of items which were received for consideration for the month of June. He stated that the meetinq on Thursday will be for the purpose of reviewinq all of these items and that there will be some discussion on the Comprehensive Plan. . . l , , l ~ ~ " , ~ ~ ! , , ~ P&Z Board Minutes May 8, 1989 Page 8 There being no further business, the meeting was adjourned at 10:35 P.M. The undersigned is the Secretary of the Planning and Zoning Board and the information provided herein is the Minutes of the meeting of said body for May 8, 1989, which were formally adopted and approved by the Board on --i If the Minutes that you have received are not completed as indicated. above, then this means that these are not the official Minute.. They will become so after review and approval, which may involv.. some changes. ! . . PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: FROM: PLANNING AND ZONING BOARD ~ OF DELRAY BEACH ~~JV~'~TOR DEPARTMENT OF PLANNING AND ~NING SUBJECT: AGENDA ITEM III. A. MEETING OF MAY 15. 1989 THE COMPREHENSIVE PLAN . The following identifies specific topics which were raised at the informal public hearing which was held on May 8th. Please refer to the Minutes of that meeting for additional information. This report provides the information as requested or directed by the Board. It is suggested that each of these items be individually reviewed by the Board and that by unanimous consensus or a vote, as appropriate, changes be made to the draft document or that the matter be otherwise disposed of. A. Land Use Desi nation at Militar Trail and Linton Boulevard Pugl ese, represented by Urban Des~gn Stud 0): The request is for a Change from Transitional to Commercial. The agent cited a desire for pursuing the establishment of approximately 77,000 sq.ft. of retail space. On the schematic site plan which was present there was encroachment into the earlier agreed upon 50 I buffer along the north property line. That area is now shown for parking and a part of the circulation system for trucks. The exhibit shows the eastern portion of the buildings and internal traffic system encroaChing upon the lake management tract which is under review in the plat submission for the Delray Town Center proj ect. Further, the lake as shown in the exhibit requires removal of almost all vegetation and does not retain a "natural buffer" as was alluded to. Finally, the difference between an office development and a retail development has an effect upon how the water feature is designed into any development - i.e. office, integrating the water feature; retail, turning its back on the water feature. Given the above impacts in addition to -those previously cited by the Board with respect to retail traffic having difference characteristics e.g. evening use, it is more appropriate to have the designation remain as transitional. The transitional designation is quite appropriate in this situation since it accommodates the transition from the higher intensity uses on the west to the lower intensity (residential) uses to the east. i ::f' i J/: ~~t 0/ l ~ \~i~ .t ~i:: '."', '.:~:; J. .:\ :f :& ,".t, To: Planning and Zoning Board Re: Agenda Item III.A. Meeting of May 15, 1989 The Comprehensive Plan Page 2 B. Auto Related Uses - Land Use Policy A-2.4: Add to the second guideline .... a) "This guideline allows exist.ing automobile dealerships to expand onto adjacent prop~rty which is currently in an automobile related use atld which is zoned to allow such use." or, b) "However, dealerships located on the east side of Federal Highway, north of N.E. 4th Street, may expand." delete, the second guideline; have the second guideline stand as written. or, c) or, d) The Board should determine which of the above should be included in the recommendation to the City Commission. C. Swinton Avenue - Traffic Policy A-5.?; B-3.2 A-5.? supports the citizen's desires for keeping Swinton at two lanes, except for the length between N. 1st Street and S. 1st Street. No Board action or direction is necessary to accommodate that position. B-3.2 should be modified to include those beautification projects which are to be accommodated in the G.O. Bond program. Recommended language to be added at the end of this pOlicy is ... "The following shall be financed through the G.O. Bond program: a) Atlantic Avenue east of the Intracoastal Waterway to A-1-A b) Atlantic Avenue between Swinton and I-95 c) Atlantic Avenue between I-95 and Military Trail d) Swinton Blvd from Lake Ida Road to S. 1st Street e) Barwick Road, north from Atlantic Avenue" Page IV-?: Consider changing the project description by altering the amount allocated to Swinton Avenue from $100,000 to ; and by a concurrent decrease in the allocation for the East Atlantic Avenue beautification project i.e. a reduction from $1,000,000 to 'I~~i . " . .' ::. if ~~:: f:'; .:~; ,,;eo. .T~ ~~;. l ,~: ,..... ::~. To: Planning and Zoning Board Re: Agenda Item III.A. Meeting of May 15, 1989 The Comprehensive Plan paqe 3 C. Pineapple Grove - Land Use Obiective C-4 Add a new POlicy C-4.8 to wit: , "A neighborhood plan shall be prepared for the 'Pineapple Grove I area in FY 89/90. The. beighborhood plan shall be prepared under the auspices of the City's Planning and Zoning Department. An amount .of approximately $500,000 which is designated as 'redevelopment seed money' in the 1989 G.O. Bond program shall be used for redevelopment purposes in the Pineapple Grove area, with the specific use determined through the neighborhood planning process." Please note that on page IV-9, under the description of "seed money" allocation, it is stated that remaining funds would be used to redevelop the Pineapple Grove area. Thus, the second portion the proposed policy supports said description. D. North Beach Parkinq Lot: Reinstate "Beach Parking" to the list of needs in Open Space Policy A-1.6 and reinstate former Policy B-3.l which implemented the project. Classify the item as either mandatory or non-mandatory. Add an allocation of $1,500,000 to the G.O. Bond proposal. Staff will then make appropriate additions to' the list of Capital Needs in the Capital Improvement Element and to the Five-Year Schedule of Improvements in Part IV, and add its description to the list of G.O. Bond projects (Part IV). The item will then be reinserted, as previously included, in the Coastal Management Element. Pursuant to the request from Member Coopersmith, the following information is provided: potential site - former OCean Cay of Delray development proposal, 1.36 acres. (off A-l-A between Thomas Street and Vista Del Mar Drive) potential purchase price of $1,000,000 to $1,200,000 (staff estimate, no appraisal) parking lot design may accommodate approximately 200 spaces, estimated construction cost of $200,000 to $300,000 potential for partial funding under the Beach Restoration Program -- Subject to State approval and availability of funds :+~: :;:..,.. . . :: :' .' ..,. t: ~*i ":"'l J. ::i: :;;, ,$: ~::: ..~, To: planning and Zoning Board Re: Agenda Item III.A. Meeting of May 15, 1989 The Comprehensive Plan Page 4 A site plan has not been developed, thus a determination as to whether or not the projected 200 spaces would meet our development standards or a determination as to how much "park" land / landscaping was envisioned is not known. E. Public Facilities Element: Add a new Policy B-2.4 to wit: \ "Acquisition of rights to develop a western well field and initial steps taken with the South Florida Water Management District to allow establishment of a future well field shall be pursued in FY 89/90 if not sooner. The lead agency shall be the Community Services Group working in conjunction with the City Attorney. Proceeds from the 1984 Water/Sewer Bond shall be used to accomplish this policy." Reword Policy E-3.2 to read as follows: "The 41 streets identified in the 1985 street inspection report as needing reconstruction shall be considered as projects in the G.O. Bond allocation for street reconstruction. In addition to those streets, additional needs as contained in the 1989 street inspection update shall be considered. A priority list which includes the streets from both reports shall be prepared in the summer of 1989 and shall be the basis for determining streets to be reconstructed pursuant to the 1989 G.O. Bond election." F. Land Use Desiqnation for Blood's Grove - Future Land Use Map See page III-G-39. Modify the language under item 112 to reflect the fOllowing: Open Space (future park associated with Communi tv station site); Accommodation of a mixed use concept which is depicted by Medium Density Residential in conjunction with the Commercial Core designation (to accommodate a "resort" type of conference center / health-oriented center or similar intensity use together with attendant and supportive commercial uses which would be integral to the "resort" Le. would not be orientated to Linton Boulevard or Military Trail nor accommodate general commercial needs of folks other than users of the complex; potential of 9-10 acres) Facilities (potential fire the balance of the area, primarily to the east and south, is to be low density residential which is to be compatible to existing development to the east and south. And Change the proposed Future Land Use Map as shown on the attached exhibit. Please refer to previous documentation for other alternatives. ~~~. I: . ~i:. ! .:~:: (::;. ',v. '.;;:. ..... ..., J. .'A '.'-' ,t: ':,', -'-~ . " :{';:!;:;:::::;:;::::::~:!:!:'':;;::;:;:;:;::::!:: . :~1IZiIG1I: :;_"_ .. " .. i;*i:~~$:~~~:l~;::~J~~:;::~:~;:~:~:~:.::~: ::~ : ~:;::: ;i:!: :::!:: :::;::; :i:::: .............;..... .......... ..'....... ".- .... '" , , 't ,: :':;';":::::::::':"<;::'::i::~:::.i:.}.jf::~~.~:~:~r.~~};::~;:;:;::::.:::'. Memo , From \ DAVID J. KOV~CS DIRECTOR OF PLANNING md ZONING To: Date: ]JmDllSE...l1^p MQ~ .=-~"-WCOQ-S~~~~__._ ~ MOR CF M t>Q.. 1 h~~ ~ ~1ISi\t)~ r.~ 'S~R~~ I :1 , '. !,f: .~~: f::~ ;:~: . ....~ :~:. .'A' t oj,' ,.. :~: <.0.\1 ..... ""'" ::;::::::~:r~;:::~:;:i:{;:}:::;:::' ;::;~':;;+r~":.:~::~:;.:::; ::::::::::;:::::::;:;:;;;::::::::::'::::::.: " ...,.....,......'.-....... i To: planning and Zoning Board Re: Agenda Item III.A. Meeting of May 15, 1989 The Comprehensive Plan Page 5 G. Land Use Desiqnation - Yake "17 Acre Parcel" Property The agent desires that the Land Use Map show this property as simply medium density residential as opposed to a mixed use concept which include.: commercial transitional (co~rcial or medium density residential conservation, public access , residential) to waterway. To accommodate his request the following must be done: change of the map designation to medium density residential only; Delete Coastal Management Element C-5.3; Delete reference to the "17 acre parcel" from O.S. and Recreation Policy B-2.1; Delete reference to the "17 acre parcel" from the list of environmentally sensitive areas from Objective B-1 of the Conservation Element; Accommodating the above would leave the property to develop for medium density residential with public access to the waterway. If the Board also wishes to delete consideration of public access to the waterway, then the following need to be modified or deleted: Open Space B-3.2 delete reference to the "17 acre parcel" Coastal Management, C-5, delete. Alternatives which can be pursued include: A. Accommodation of full request -- delete and modify the objectives and policies as identified above. B. Accommodation of request but provide for future public access to the waterway -- delete and modify the above except for OS B-3.2 and CM C-5. C. Leave all the Objectives and pOlicies in-place but Change the map to eliminate the most western open space/conservation strip and one-half of the adjacent open space/conservation strip. D. Make no changes. Distribution: City Manager Director of Development Services Comprehensive Plan Review File Agents/Citizens who raised specific issue. REF/DJK*45/PLAN.TXT l :;t;~: i .. ::. '.' . ~;;: .{ {::( ...... '.'1". '.:i;j J. '::t: l ::&: ";<<, EXHIBIT "0" -- CITY COMMISSION DOCUMENTATION ITEM: DATE: CONSIDERATION OF THE COMPREHENSIVE PLAN MAY 23, 1989 PLANNING AND ZONING BOARD RECOMMENDATION REGARDING ADOPTION OF THE PROPOSED COMPREHENSIVE PLAN At its meeting of May 15, 1989, by a vote of 5-0 the Board forwarded the proposed Comprehensive Plan to the City Commission with a recommendation of adoption and with the following changes: 1. Auto Related Use - Land Use Poliey A-2.4: DELETE the second asterisked item Le. "Additional new, auto related uses, or expansion of land allocated to such use, shall not be permitted east of Federal Highway." ADD a new asterisked dealerships may expand currently zoned to allow item i.e. "Existinq autOl\\ODile onto adjacent property which i. such use." ADD another new asterisked item Le. "Along Federal Highway, new dealerships may located west of it, or between the one-way pair system except as restricted aDove, but may only locate east of it north of N.E. 4th Street. New dealerships sh.ll not locate east of Federal Highway south of S.E. 3rd Street." 2. Swinton Avenue - Traffic Policy B-3.2 and fundina allocation ADD the fOllowing at the end of Policy statement B-3.2: "The fOllowing shall be financed through the Obligation Bond program: al Atlantic Avenue east of the Intracoastal Waterway to A-l-A, bl Atlantic Avenue between Swinton and I-95, c) Atlantic Avenue between I-95 and Military Trail, d) Swinton Boulevard from S.E. 10th Street to N.E. 8th Street, el Barwick Road, north from Atlantic Avenue." General CHANGE the allocation for Swinton Avenue beautification from $100,000 to $250,000. Note: With the aDove change in allocation, additional changes will be required in appropriate places throughout the document i.e. change of the allocation amount and funding totals. \' .\) ~ / ~~i' ~. ~ ~I\D\."~~~~ " 3. Pineaggle Grove - Land Use Objective C-4 ADD a new Policy C-4.8, as follows: "A neighborhood plan shall be prepared for the "Pineapple Grove" area in FY 89/90. The neighborhood plan shall be prepared under the auspices of the City's Planning and Zoning Department. An amount of approximately $500,000 which is designated as "redevelopment seed money" is the 1989 G.O. bond program shall be used for redevelopment purposes in the Pineapple Grove area with the specific use determined through the neighborhood planning process." 4. Public Facilities Element - new golicv B-2.4, revise E-3.2 ADD a new POlicy B-2.4, as follows: "Acquisition of rights to develop a western well field and initial steps taken with the South Florida Water Management District to allow establishment of a future well field shall be pursued in FY 89/90 if not sooner. The lead agency shall be the Community Services Group working in conjunction with the City Attorney. Proceeds from the 1984 Water/Sewer Bond shall be used to accomplish this policy." REWORD POlicy E-3.2 to read as follows: "The 41 streets identified in the 1985 street inspection report as needing reconstruction shall be considered as projects in the G.O. Bond allocation for street reconstruction. In addition to those streets, additional needs as contained in the 1989 street inspection update shall be considered. A priority list which includes the streets from both reports shall 'be prepared in the summer of 1989 and shall be the basis for 'determining streets to be reconstructed pursuant to the 1989 G.O. bond election." 5. Future Land Use Mag - Designation for Blood's Grove: See Page III-G-39. Modify the language under item *2 to reflect the following: Open Space (future park potential associated with Community Facilities station site): Accommodation of a mixed use concept which is depicted by Medium Density Residential in conjunction with the Commercial Core designation to accommodate a "resort" type conference center/health oriented center or similar intensity use together with attendant and supportive commercial uses which would be integral to the "resort" Le. would not be oriented to Linton Boulevard or Military Trail: of 9-10 acres) (potential fire - 2 - The balance is to be to be compatible with the east and south. low density residential which is eXisting development primarily to Also, the Future Land Use Map is to be changed as shown on the attached exhibit. 6. Future Land Use Map - "17 acre parcel - Yake": MODIFY POlicy C-S.l of the Coastal Management Element to change the year from 1991 to 1994. CHANGE THE MAP L e. open space with the medium BY DELETING the westerly strips of "green" / conservation designations and REPLACING density residential and transitional. 7. Housing Element - POlicy B-1.4: CHANGE the proposed funding allocation from $100,000 per year to $300,000 per year. Note: This change will require adjustments to the Capital Improvement Element and Part IV including the "General Fund Forecast" and conclusions drawn from it. This changes will be made once Commission action is taken on the policy matter. a. Text Correction - Public Facilities Element: Page III-B-12 correct the reference from "friends of the Library" to the "Delray Beach Public Library Association, Inc., with operational funding'provided by the City." 9. Text Corrections - throughout: Deletion of the word "demolition" with each mention of "preservation" specifically on pages III-E-27, III-E-a. III-F-a. and III-G-32. 1:'0. ~\ ~I\ Text Correction - Traffic Element: Page III-C-2S under the improvement schedule for Lake Ida Road change the reference from I-95 to U.s. 1. Table T-5 delete 2 Lane improvement needs which is advertently shown for Seacrest Boulevard. END OF CHANGES AS RECOMMENDED BY THE PLANNING AND ZONING BOARD - 3 - , ....:::::::::.:::;:;:::;;; ;'. " "." ." '., : ~:: :::;:;fI .~:~~~::: :::::;::: :~:::~;!; :~; ::;: :;;:;~\:: "'~ ~;:':;~~;~.:"'''';3~~'::';':i:;;''.;oI';;1-:;:~ r'.'~:40:"'~'-" ...... ,.' ."" "'::::::::;;:;:':::!:::::;:::::::;:;:;:;::':':"':::::::::::: . '.' . '.........,.............. '. .'....... .... .......:.;.: .... :?~ j >- ..;.; , ~: .,:;:: , , "'.'<.:,;.: ,.., Memo To: . . From DAVlDJ.KOVACS DIRECTOROrPLANImlGmdZONlNG Date: :J;]NDllSLflf^P ~ -- -. h. - "tIT~u~-~;.. - -~. Ae~... _ ___ ~ . ~-.l.~.~Q.~L C:!.. ~ CF M t>Q.. 1" Mt>R. h~~ ~. '.. .=' \t,.. ~~m:~~ -' '~'~~-'--=~~'f" - ~ I . ~ l ,. l' " ('. J t ~~. ~: , .' , ::; .::.::::.:::::::.;:~!f::~:.:+t:~;::;:::;:.:;~;;:~:::::. ::::':'::i:::;::;:;::: :~:~::.:.~.:::.:. ". .... . . . . . ':::;,j':"+I~~':"::i4M;;' :.;.:.;.:.:.:.;-:.;.'. ......... .:....:..,:-;-:..:-........ . EXHIBIT "E" TO CITY COMMISSION DOCUMENTATION MEETING OF MAY 23, 1989 CONSIDERATION OF THE COMPREHENSIVE PLAN LISTING OF ITEMS CONSIDERED BY THE BOARD BUT NOT RECOMMENDED FOR CHANGE OR MODIFICATION The followinq items or matters were presented to the Planninq and Zoninq Board at its public meetinqs held on May 8, 1989, and May 15, 1989. The Board did not recommend alterinq the proposed plan to accommodate any of these items. Please refer to appropriate minutes for discussions. 1. Land Use Map - Desianation for Delray Town Center (Pualiese) A request was submitted to chanqe the easterly ten acres of this overall area from Transitional to Commercial. 2. North Beach Parkina A request was made to reinstitute this proqram, attendant policies, and fundinq. 3. Yake Property - 17 acre parcel Deletion of some related policies. See May 15th backqround document. 4. Land Use Map - Desianation for COrson Property A request was made to have this property located in the vicinity of Lake Ida Road and Conqress chanqed from Transitional to Commercial. 5. Atlantic Avenue Redevelopment Desiqnation Questions were raised about this desiqnation. A desire to have the existinq zoninq was aired; however, after an explanation of the policy statement and aCknowledqement that existinq zoninq is not changed at this time, the persons who raised the issued appeared to support the document as written. 6. Land Use Map - Desianation at northwest corner of Lake Ida Road and Conaress A request was made to have this property changed from Medium Density Residential to Commercial. ,\ ",/ \ '0 ~~~~ ~\rI ~/:If,' 7. Use of the S.A.D. zoninq cateqorv: A request was made to add a policy which allowed the use of S.A.D. zoning as it has been used in the past. 8. Jackel comments: Art Jackel raised the fOllowing issues as "food for thought" by the Board but he did push for a definitive position or change at that time: a. holding West Atlantic beautification funds in escrow (area west of Congress) b. concern that most of the funds contained in the proposed bond issue finance work east of I-95 c. concern that there was little input from individuals west of I-95 on the development of the Old School Square program d. concern that the allocation to golf course improvements was insufficient e. opposition to widening of Lake Ida Road. 9. Historic Preservation Element An inquiry as to including a specific element for Historic Preservation. 10. Protection of Native Florida Items suggested by the Coalition For Wilderness Islands for inclusion with the Plan. END OF LIST OF ITEM CONSIDERED BUT NOT RECOMMENDED BY THE BOARD - 2 - ORDINANCE NO. 28-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF MILITARY TRIAL, BETWEEN WEST ATLANTIC AVENUE AND LAKE IDA ROAD, APPROXIMATELY 2,750 FEET NORTH OF WEST ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO SAD (SPECIAL ACTIVITIES) DISTRICT; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Extra Closet, Ltd. is the fee-simple owner of the ~roperty hereinafter described; and, WHEREAS, The Extra Closet, Ltd. has requested pursuant to Agreement For Water Service dated July 1, 1986, and recorded in Official Record Book 4956, Page 1594, which agreement was a covenant for annexation running with the property hereinafter described, to have the subject property annexed into the municipal limits of the City of Delray Beach; and, WHEREAS, the subject property hereinafter described is now contiguous to the corporate limits of the City of Delray Beach, thus making said petition for annexation effective at this time; and, WHEREAS, the designation of a zoning classification is part of the annexation proceeding, and provisions of City Code Section 173.886 have been followed in establishing the proposed zoning designation; ad, WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171. 044 of the Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The South 220 feet of the West 990 feet of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida. The subject property is located on the east side of Military Trail, between West Atlantic Avenue and Lake Ida Road, approximately 2,750 feet north of West Atlantic Avenue. The above-described parcel contains a 5 acre parcel of land, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. g ~. _ ,,}"c ~~..: --Y3 4,... .a. ~. Section 3. That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby decla~ed to be in Zoning District SAD (Special Activities) as defined by existing ordinances of the City of Delray Beach, Florida. Section 4. Activities District property described Storage Facility in That pursuant to Section 173.631 SAD Special "Uses Allowed, Approvals", approval for the subject in Section 1, above,' is hereby granted for a Dry the form of a Mini-Warehouse. Section 5. That the development of the property described in Section 1 is to be in accordance with the approved site and development plans prepared by Kilday & Associates, as approved by the City Commission on September 23, 1986 and stamped approved under the signature of Stan Weedon on November 10, 1986; all of which is incorporated by reference and made a part hereof and upon which the City has relied in granting this approval. . Section 6. That the Planning Director of said City shall, upon the effective date of this ordinance change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section 1, hereof. I II II II I Section 7. That the land hereinabove described shall immedi- ately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 8. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsihility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 10. Tha t 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 11. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular reading on this the day of session on second and , 1989. final MAYOR ATTEST: CJ.ty Clerk First Reading Second Reading -2- Ord. No. 28-89 ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: WALTER O. BARRY, CIT MANAGER FRAN'?;>. ~;;;C::' D ECTOR DEVELOPMENT SERVICES GROUP VIA: ~j~'v~ J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF APRIL 25, 1989 CONSIDERATION OF ANNEXATION ORDINANCE ON 1ST READING THE "EXTRA CLOSET" ON MILITARY TRAIL ACTION REQUESTED OF THE COMMISSION: The action requested of the approval on first reading of anannexation with initial City Commission is that of an ordinance enacting zoning of S.A.D.. The property is located immediately north of the U.S. Postal Service facility on Military Trail. The annexation is being process through the "calling-in" of a water service agreement. BACKGROUND: A water service agreement was executed for this site in June, 1986. The agreement contained the standard annexation clause. At the time of consideration of the agreement several other items were required. These included: a) change of the Land Use Map designation to Commercial; b) amendment to GC zoning to accommodate "mini-storage units"; and then c) annexation. Item "a" was complete4 however, item "b" was not and in fact such uses are not accommodated in the zoning code; thus, item "c" was not pursued. Recently the owners approached the Planning Department with suggestions as to other uses. It was then that the above situation came to light. The property is contiguous and is eligible for annexation. Further, it is only half completed. In order for the project to be completed as originally approved (by the City Commission through site plan approval associated with the water service agreement) the only available zoning is that of S.A.D. Pursuant to City Commission direction, steps are being taken to call-in outstanding voluntary annexation agreements; thus, this item is now before the Commission for enactment. A complete background report is available for review in the City Manager's Office. PLANNING AND ZONING BOARD RECOMMENDATION: The Board considered this item at it's regular meeting of April 17th. There was no pUblic comment. The Board, on a unanimous vote of 6-0, recommended enactment of the annexation with S.A.D. zoning based upon the use of mini-storage warehouse and tied to previously approved site and development plan. RECOMMENDED ACTION: By motion, approve ordinance 28-89 on first reading and set a pUblic hearing for May 23, 1989. Attachment: Staff Report for Agenda Item IV.F., P&Z Meeting of April 17th REF/DJK #43/A:CCCLOSET.TXT PLANNING 8 ZONING BOARD CITY OF DELRAY BERCH .e:r IN:; one: - - - STAFF REPORT APRIL 17. 1989 AGEN:A ITEM: IV. F CONSIDERATION OF ANNEXATION WITH INITIAL ZONING OF SAD (SPECIAL ACTIVITIES 111Elf: DISTRICT) FOR THE EXTRA CLOSET ON THE EAST SIDE OF MILITARY TRAIL. BETWEEN W. ATLANTIC AVENUE AND LAKE IDA ROAD. ,".. . GENERAL DATA: ~...........................!be ~. Cloaet. Ltd. Appllcaat.......................V.lt.r o~ larry, Cl~ Nanager City of 0.1...1' _cb, Plodda LocatlOA...........................t .ide of R111~ Trail, Ile_ w. AUuUc A........ and r.au Ida _, ___tell' 2,750 ft. no..th of W. Atlutic A......... ~ alae...................! Aare8 CltJ'LaDII 1M .1a..............C Cec-.za1a1J ..uu.. ClIuIaty 1ooWlg..........CG I_el ~I .. - J ..11 CltJ' 1ooWlg............SAD (SpecW AoUYlt.1u Dlatl'lct.) Ad'aaeat. 1ooWlg................ .lIortb aDd ~ of tba aub'~ ~ 18 ..... ... IIftIlUple- Paal.l1' -lUll9 ~I. South 18 &...... COuaty CS l_i.U&ed ec-.zaiell. _ 18 ..... COuaty U I S1llt1e-r.1l1' Rae1cW1tial D1atr1atI. k18~ LaalII u.................1)zy Stor&ge PaalUtF h_...='IIId LaIId U................._ .. a.boN Watec ~...................Ix1.t1Dg GD-al,-. 9ia (be 12- ...tar ..u Z-ted _ tile aut .1dII of IIl.Utaq ~&1l ~ aec.iae...................Ix1.t1Dg OD-aite...tA 4- ~..lty -.. liMa . ITEM: 1!l ~ , , ~ . t I ~ ~ . It ! H , . !:" . . ;0 t u r i lZ f c t t . . .-. -Itl . .. I . . a . a. --iI "! J-- I ... ! .. ~fl .~ I . . II ' ,. ( . I T [ 1. . I ! ..... '" ; :I II: . '.", I I 1 . l: ) I r " . , - I r J' -~ .! .IS IIJ IJI llr -..... . 11.'.1 AI..,IIW . ..- II' ... t I . , , i , . ~ '-" ~ ORDINANCE NO. 29-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF MILITARY TRIAL, BETWEEN WEST ATLANTIC AVENUE AND LAKE IDA ROAD, APPROXIMATELY 2,240 FEET NORTH OF WEST ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Postal Service is the fee-simple owner of the property hereinafter described; and, WHEREAS, the United States Postal Service has requested pursuant to Agreement For Water Service dated January 30, 1987, and recorded in Official Record Book 5179, Page 0314, which agreement was a covenant for annexation running with the property hereinafter described, to have the subject property annexed into the municipal limits of the City of Delray Beach; and, WHEREAS, the subject property hereinafter described is now contiguous to the corporate limits of the City of Delray Beach, thus making said petition for annexation effective at this time; and, WHEREAS, the designation of a zoning classification is part of the annexation proceeding, and provisions of City Code Section 173.886 have been followed in establishing the proposed zoning designation; ad, WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section. 171.044 of the Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The West 680 feet of the North One-Qua::ter (N 1/4) of the Southwest One-Quarter (SW 1/4) of the Northwest One-Quarter (NW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida. Less additional right-of-way for Military Trail (State Road 809) as deeded to Palm Beach ,County in Official Record Book 3467, Pages 1528 through 1530, in and for the Public Records of Palm Beach County, Florida. Subject to an easement to Florida Power and Light Company as recorded in Official Record Book 2055, Pages 1095 and 1096, in and for the Public Records of Palm Beach County, Florida. 9 v '--.../ The subject property is located on the east side of Military Trail, between West Atlantic Avenue and Lake Ida Road, approximately 2,240 feet north of West Atlantic Avenue. The above-described parcel contains a 5.39 acre parcel of land, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District CF (Community Facilities) as defined by existing ordinances of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immedi- ately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise speCifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentenc~, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session reading on this the day of on second , 1989. and final MAYOR ATTEST: City Clerk First Reading Second Reading -2- Ord. No. 29-89 C I T Y COM MIS S ION DOC U MEN TAT ION TO: WALTE~~ C~ANA:: FRANK R. SPENCE, DI ECTOR DEVELOPMENT SERVICES GROUP c:J~ ~UWL- DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF APRIL 25, 1989 CONSIDERATION OF ANNEXATION ORDINANCE ON 1ST READING POST OFFICE ON MILITARY TRAIL ACTION REQUESTED OF THE COMMISSION: The action approval on anannexation requested of the first readinq of with initial City Commission is an ordinance zoning of C.F.. that of enacting The property is that of the on Military Trail, north annexation is being process a water service agreement. U.S. Postal Service located of Atlantic Avenue. The through the "calling-in" of BACKGROUND: A water service agreement was executed for this site just prior to the completion of construction of the post office facility. This occurred in January, 1987. The agreement contained the annexation clause. This property becomes contiguous, and hence eligible for annexation, upon annexation of the property to north. That annexation will occur immediately preceding this annexation. Pursuant to City Commission direction, steps are being taken to call-in outstanding voluntary annexation agreements; thus, this item is now before the Commission for enactment. A complete background report is available for review in the City Manager's Office. PLANNING AND ZONING BOARD RECOMMENDATION: The Board considered this item at it's regular meeting of April 17th. The Board received a letter from the Postal Service in which it accepted the fact of annexation but opposed zoning of C.F. stating a desire to have a Commercial designation. The Board noted that the Land Use Plan designation was C.F. and that zoning of C.F. was more reflective of the current use than would be a commercial designation. The Board, on a unanimous vote of 6-0, then recommended enactment of the annexation with C.F. zoning. RECOMMENDED ACTION: By motion, approve ordinance 29-89 on first reading and set a public hearing for May 23, 1989. Attachment: Staff Report for Agenda Item IV.F., P&Z Meeting of April 17th REF/DJK *43/A:CCPO PLAf\JNING 8 ZON I NG I3CfR) CITY OF OELRAY BEACH fEETlfIG DU\:: APRIL 17, 1989 STAFF REPORT _ _ _ ~ ITEM: IV. F CONSIDERATION OF ANNEXATION WITH INITIAL ZONING OF CF (COMMUNITY FACILITIES) IT~: FOR THE U.S. POST~eFFICE ON THE EAST SIDE OF MILITARY TRAIL, BETWEEN W. ATLANTIC AVENUE AND LAKE IDA KOAD. @ GENERAL OATf!r: ~...........................Uaited Statee Ioeta1 a.c.loe Appl1CUt..................... ..W.lce" o. ""Q'. C1tr -ve" City of lleuar ....... Pl""lda Locatloa..........\................t aide of ~1tar.r ~all, be_ v. Atlaatic A_ aIId LaU Ida 1IOad. ~cely 2,240 ft. IIOl<tIl of V. Atlantic Ave..... ~~t~ a1ae...................5.J, aaz.. , Clf:SP LuIII VM .1aa...............CI' (- -t~ PaclUUe.) ~ COuacr a.wa.... ... ....c:s ''-iaU_ ~iall h ~ ... Ciq. a.wa.............O (t' ~U:r Paa1Ut.1M) Mj_t a.wa................ ..lIonll of, tile .uj_ PftIlU'cr 18 'IbII aaua ~. IIII1aIt. 18 to be 'R . v1t1l C1cr 8OB1Dg of lAD 'Spea1a1 AcUYiu.. DUuiftl. _ell aIId _ 18 .... c:ouacr All '.iCN1_al "'1d8aUal Di.trlctl. -.c 18 _ c:ouacr as 'S1Dvl",P-.1lr ...iMaUall. Dlist1Dv Land u............... ..1III1ted sceta ....t Offf.oe h.=.1l ..d L&Dd V........................... Watez' tlenlae.....................s..t1Dg oa-.it-.,. Y1a 12- ~ ..u i. located oa tile _ .ide of lI111taq ~..U S-" .......i.................... ..-.u.t1Dv oa-dc.. Y1a ,. ....icr -" 1f.oe ITEM=ff f - r , . r.. . t , I. , I. ~ t , " , ~ - " ORDINANCE NO. 34-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 17, "L1\ND USAGE", CHAPTER 172, "ZONING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING SECTION 173.921, "CONGRESS AVENUE WIDENING DEVELOPMENT REGULATIONS"; PROVIDING A MECHANISM TO LESSF.N THE IMPACT OF THE CONGRESS AVENUE WIDENING PROJECT ON EXISTING DEVELOPMENT; PROVIDING CRITERIA FOR ELIGIBLE PROPERTIES; PROVIDING POWER FOR THE PLANNING AND ZONING BOARD TO GRANT CERTAIN VARI- ANCES; PROVIDING THAT THIS ORDINANCE SHALL HAVE NO EFFECT BEYOND A CERTAIN DATE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a unique situation has been created by the widening of Congress Avenue, a County Minor Arterial roadway, in which the property has been taken for right-of-way purposes, said taking involving previously developed property; and, WHEREAS, in many instances, the taking of right-of-way has created nonconforming site development situations which upon redevelop- ment or consideration of additional conditional uses are to be made conforming; and, WHEREAS, the nature of potential redeve).opment is such that some of the newly created nonconforming situations may need to remain, to some degree, in order to property accommodate competing needs of the general health, safety, and welfare of the public; and, WHEREAS, the variance procedures through the Board of Adjust- ment, pursuant to Section 173.917, is inadequate to deal with these conditions in a uniform and expeditious manner. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 17, "Land Usage", Chapter 173, "Zoninq Code", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting a Section 173.921, "Congress Avenue Widening Development Regulations" to read as, follows: Chapter 173.921 Conqress Avenue Wideninq Development Requlations (A) Purpose. The City Commission has determined that the Widening of Congress from two to six lanes in the years 1988 and 1989 has created unusual impacts upon previOUSly developed properties and that in order to provide a vehicle for the equitable and efficient processing and approval of development Orders, it is necessary and appropriate to establish a special land use review and approval procedure for such impacted properties. (B) Identification and Criteria for Eliqible Properties:. (1) Location Criteria: The provisions of this ordinance shall be applicable to any property, the boundaries of which were impacted by a taking or right-of-way or by physiCal improvements, associated with the widening of Congress Avenue as u.n4ertalten by Palm Beach County in the calendar years of 1988 and 1989; and which meet the other eligibility criteria of this section. 10 'h,<<, . '"'",;~:''-'t ~.... .jo'"tIl< ... I, ,. ~ ~-.....". . ......~ " " ( 2 ) Impact Prerequisite.: The property must have been im- pacted by the widening project in such a way as to have created a nonconforming situation or to have made an existing nonconforming situation greater. The provisions of this Chapter shall not apply to the following: a. Establishment or continuation of uses; b. Property which was vacant and which is proposed for new development; C. Property which will be totally redeveloped through the removal of existing improvements and the construction of new facili.ties and improvements. For the purpose of this section, "totally redeveloped" shall mean that demolition or removal of existing improvements shall be of a value equate to or greater than 50\ of their value prior to demolition or removal. d. Variances or development review for modification to existing structures which do not involve a nonconforming situation. (C) Special Review Process.. ( 1 ) ExPanded Powers to the Plann.incJ and Zoning Board:" For property eligible under this section, the Planning and Zoning Board shall exercise the fOllowing powers and authority in-lieu of the Board of Adjustment and the Community Appearance Board: a. 173.9l6(G)(2) Power to Grant Variances b. 173.917 Variances c. 152.40 Criteria for Community Appearance Board Action d. 152.15 through 152.25, inclusive, Community Appearance supplemental criteria and procedural rules e. 159.01 through 159.33, inclusive, Landscaping ( 2 ) Combination of Review Procedures: Whenever review is permitted or required by the Planning and ZOning BOard, pursuant to this Chapter, said review shall be combined with the "Site and Development Plan Approval" procedures of Section 173.86. However, individual application forms, submittal materials, and processing fees as required for Board of Adjustment and Community Appearance Board review and action are required and shall be provided concurrent with the site and develop- ment plan application. (D) Sunset Provisions: Unless extended by action of the City Commission through modifica- tion of this section, the provision of this section shall become void on June 1, 1994. Section 2. That all ordinances or parts of ordinances w~h 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 or the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall becane effective ten (10) days after its passage on second and final reading. 2 ORD. NO. 34-89 ,.., "..... .... ......... "..." ':o.'", < I. . .... .". .. ti~ - " PASSED AND ADOPTED in regular session reading on this the ____ day of on second and final , 1989. MAYOR ATTEST: City Clerk First Reading Second Reading . '!, '''' \'..," ". .' . .. 011':>._ ~ ".....IH-+l/i 3 ORD.I NO. 34-89. ~1t ".'- .,~,I IIIiIIIIim- ....;... CITY COMMISSION DOCUMENTATION WALTER O. BARRY, CITY MANAGER ---==+ ~ ~../ / Ii ~~ FR~R:' SPENCE,. DIRECTOR VELOPMENT SERVICES GROUP J ~U(;<-V DA ID J. KOVACS, DI~ECTOR DEPARTMENT OF PLANNING AND ZONING TO: VIA: FROM: SUBJECT: MEETING OF MAY 9, 1989 ORDINANCE RE SPECIAL REVIEW PROCESS - CONGRESS AVENUE ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval on first reading of an ordinance which conveys special review and approval authority to the Planning and Zoning Board for properties impacted by the widening of Congress Avenue. BACKGROUND: During the process of obtaining appraisals for land taken with the widening of Congress Avenue, it became apparent that undue hardships would be created on certain properties. In order to deal effectively with this situation, the Commission, at a work session in November, 1988, gave direction to create a special review and approval process for such impacted properties. The features of the process include: consolidation of Board of Adjustment powers and certain C.A.B. powers into the Planning and Zoning Board; applies only to property impacted by the widening; does not apply to new development or total redevelopment; automatic sunset provision of June 1, 1994. PLANNING AND ZONING BOARD ACTION: The Board has not addressed this particular matter. of the Commission work session (November) certain were in attendance. Board action is not required. At the time Board Members RECOMMENDED ACTION: By motion, approval of the Ordinance on first reading and set a pUblic hearing date for either May 23rd or June 13th. Attachment: Ordinance prepared by the City Attorney's Office REF/DJK*45/CCCONG.TXT CITY ATTORNEY'S OFFICE TEL No. 407 278 4,~5 Ma~ 19,89 9:10 P.02 () .. .. ... C) , ., ~;~~;~;~'^ . [ITY DF DELRAY BEA~, ~~ CITY ATTORNEY'S OFFICE 3';;~.E. I.. S~RE~ SUITE4 I)E~R^Y BFACH. IIORIIM JJ4RJ ./'-, . ) j /. )O~ll4).7090 MEMORANDUM nate: May 4, 1989 tI'o: v .', ., . 'I' ~ t Jeffrey S. Kurtz, 1I.aslstllnt City Attorney . .J Con'leyance of 10 Feet of Property Lyin9 From the Wcll:ers &::lge to the Boundaries of Lot J, Block !{ as R~cordad in the Plat of John Reid's Villaqe Ci t.y commission Fxom: Subject: Our office was contacted on May 2, 1989 by Marshall Conrad, a Tallahassee attorney who represents the estate of Ewell G. Pope. 1I.pparantly Mr. Pope owns SOllIe property in the City of Delray Beach, specifica11y Lot 3 of Block K as set forth in the plat of John Reid's Village and located between Venetian Avenue and the intercoastal. I -~ ~, The estate of Mr. Pope was attempting to sell the property with a closing scheduled for May 8, 1989. Unfortunately, a problem was discovered when the survey revealed that Lot 3 did not eX'tend all the way to the intercollB.taL Apparently, a. sea wall had been constructed .ubsequent to the platting of the property and land had been filled behind the sea wall, making the w~$terly boundary, of Lot 3, 10 feet from the waters edge. An a.ttempt had been made in the deed of conveyance to Mr. Pope to grant him this piece of land, I:lut it appears that. the City probably was !lnd is the Utle holder to that 10 foot strip. A similar problem arose back in 1980 and at that time, the City, by Quit-Claim Deed, conveyed an adjacent 10 foot strip along Lots 4, 5 and 6 of BlOCk K to Pr,edj,n Rea.1ty Company (a copy of the Deed 1s attached for your review). Mr. Conra.d, on ~half of his client, requests that the City treat this property in a like mannaI: and quit-claim ou:c interest in Block 3 to the estate, thus curing any potential title defects. This IIIlttter has been discussed with the Interim City Engineer Gates Castle and he has no objection to the conveyance of the property. In faet, the City has been un08r the impression that that_property and-the. sell..waU..was owned by the owner of Lot 3, and if l11lI.intenance were necessary, wQU1d. be the responsibility of said owner. 1 , l , I \ l f , u , I , I CITY ATTORNEY'S OFFICE . . TEL No. r-) 407 278 4(55 Ma~ 19,89 9:11 P.03 () City COIllIlIlssion May ., l')8~ Page 2 'l'he conveyance ot this property ....ill have to be advertised pursuant to our ordinances and direction will be souqht from the Commission durinq the City Attorney'S portion of the comments and inquiries Section of the M.ay 9 agenda. If the Commission wishes to formally consider the conveyance of the property, it would be advertised and placed on your agenda for public hearing and approval on M.ay 23, 1989. It is suggested that the price of such a conveyance be at least $100.00 to COVel' the costs of lldvert,ising and conveyance. ShOUld you have any quostions concerning thi~ matter, please do not hesitate to contact our office. ,15K: sh At:l:achlnent CC: Walter O. Barry, City Manager Frank Spence, Director of Development Services Gates Castle, Interim City Engineer ~ ~ f I " , ~ , . ; I CITY RTTORNEY'$ OFFICE TEL .. .~~ ElZ '89 1'"31 AI.JSU('-)AW ~ , No. 407 278 4,:i5 Ma~ 19,89 /-. -~ r'-- 9:11 P.04 , ...... 'P.6/U'.""" ""~...,,' I I ij ~ . ~ U ~ I " J r. !i 4 ,;- " I -'1 l,l ~ '\1.\.0 ! , ,I !I :j 'IAMOO '... . Jh1s fuiHlafm Jrtd, 1:....',., ,Iou Utlli.,.f o.ee\llblr~ CITV OF DEI.il.\Y llf.~CH, I'LOrUDo*I . , II D. 10 '0. '" <= ... .... CI <... ;":1 1',IIp..",. ,,, n!:l)If'l Rf"l- T< CO,",PANV 11J1t.U' Hf''''f(I~'' ,..J,'.ru ~t "H,.,I""'j': c:::> .." l~__.., ...... .'1':' II.' lot.... ,',_ 'll"- U, of""".; ifL-I," ""It'........ tI...., ,........... ""''' loll. ._.._,-..tf. U, -,~.. ~"""'. ..., lJot __I 111I4 -... wf '.......1..... _NIl.., "" t_.. ...'1.100...<1......1 . 1fIilntu,tfJ.. .,,~, ,I... ,""~ ".,t ,.",./01 _ '" ,....,..""..... .1 ,L. ,.,. -1" lo.Qti f.. 4."J ''11f1 ty ,~~ ,..", U'4'jJ ,.",. f~" :'f~pl w,,~~., fa "''''' 4C''''~.'. tI"IJ 4~'" "M"'" "f !'GI~ o,J v..u.cl".u U~I" '''-- ."',. '''''-4 "'f41/~. .(I,~4' "t~l. filii.. 4_ttr-Jt t/.i....h.J ~_.~I "",C'~ ,I., 4.iJ /'''''~:t It.. I.. ..,1 r. 14, {frr~V'I... J.u<<,,6J "'.lIItfl .-,,4Iffi., 1.",/. ,n...f". I",.. _..J '.1.., I.. fl_ C._11 .1 (~.,l"" 8e.1c}" S"",.II"orl. l" 't-""; '~l .~ , " ...: .~ 'o~ toot >";p <II."., I~J.I ~"""t.' MId GltcrCllt ~~""I'<lI L"l. -,' 1..,6, elock K; JCll1N Po. nflD'S VILLAr.!, lecorcl1n9 to ~1I. . ~It thnoC)f r.c"~<l'<1 1n plat 8001< Z1 It' P.y. 9$, p,,:, lIe Rlco>;<l. of ""1... ,..cI. C';Qllnt.y, ~lD~l~~. ' I , 1 ., . "I' . '_1: :w. ..,~ . .~; ~ 1"'j\ATErQ;o1A:~Rt9;\1 ,. tl~"Jl'r,:I:~'_l!.;,,';'~ue!^.W~'l11 '. '.l'i'l"'!!:. 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" CD 1 . ~ , , l L , wa..u 6~ [try DF DELRAY BEA[H CITY ATTORNEY'S OFFICE llO S.I I" SIRII T. 51 In 4 f; IJ! LH.-\Y iltAC/l. "LORIDA 33483 305/243-7090 May 4, 1989 J. Marshall Conrad, Esq. Aus ley, r<!cMullcJn, MCGehee, Carothers & Proctor 227 s. Calhoun Street P.G. Box 391 Tallahassee, Florida 32302 S~bject: Conveyance of Property From the City to the Estate of Ewell G. Pope D'~a.r Doll:. Conr ad: T am enclosing a copy of a memorandum that has been forwarded to the City Commission of the Ci.I:y of Delray Beach regarding this matter. Flease contact me fOllowing our 11ay 9, .L 989 Commission meeting and J Shall inform you as to wh,nher the Commission decided to consider this matter further. The property will not be able t.o be conveyed until after the Commission has formally considered and approved the matter an May 23, Ll89. Consideration of $100.00 is propcsed t.o cover the City's advertising expenses that are necessitated by Section 36.35 of the Code of. Ordinances (a copy of which is ,;.t tached). 'rhe City Commission will have to make the final determination as to whether such consideration would be sufficient. I have prepared and enclosed a copy of a Deed conveying the propert.y to the estate. It would be appreciated if you would advise me as to whether it is satiSfactory for your needs. Naturally, all recording costs and any other expenses necessi- tated by this transfer ':If property will have to be borne by your client,. . l r ! ') t '. ~ , r , , ~ J. Marshall Conrad, Esq. Hay 4, 1989 Page 2 Should you have any questi:1ns concerning ~hi.5 matter, please do not hesitate to contact our office. Sincerely, By: TIlE CI'l'Y ATTORNEY AY BEACH, FLO~IDA /,~.- , Kurtz, .:;q. City Attorney JSK:sh Enclosur.es cc: Walter O. Barry, City Manager . r. l l , 'I QUIT-CLAIIIt 0110 RAMeo FORM 8 This @uit-€laim lleed, Executed tlds day of , A. D. 19 . by CITY OF DELRA Y BEACH, FLORIDA first party, to PREDIN REALTY COMPANY whose Postoffice address is second party: (Wh~rever ,u~d herrin ,thl' ferm, ~'fif!t party" and "second pafly" shall include sinli'ular :lod plural, heirs, legal rcprl'Sen!.l.tlVes, and anl!!,ns of IOJI\'iduals, and the successors al1d assi!!,ns of co~porallons, .....herever the contu.t so admits or requires.) liIitnessdh, T!.ut Ihe said first party, for and in consideralion of Ihe sum of 5 in hand paid hy the said second party. the receipt whereof is herehy acknowledged, does hereby remise. re- lease and quit-claim unfo the said second party forever, all tlte right, title, interest, claim and demand which the said first party has in and to the following described lot. piece or parcel of land, situate, lying and being in the County of Palm Beach Slate of Florida . to-wit, :i I' I A ten foot strip of land lying westerly of and directly abutting Lot 3, Block K; JOHN REID'S VILLAGE, according to the Plat thereof recorded In Plat Book 21 at Page 95, Public Records of Palm Beach County, Florida. ~ ; :i Ii " , " I , I, I , i " 10 llaue and to Mold Il,e same toget!.er will, oil one! singula, Il,e oppudenances thereunlo lwlonging or in anywise appertaining, and all the estate>, right, title, interest, lien, equity and claim what~ soever of fhe said first party, either in law or e>quity, to ,hp only proper use, bl'nefit and hehoof of the said second party forever. In lalitness liIhereof, The said firsl party !.as .'ignpr/ one! sealed tl,ese presents the day and year first above written. Signed. sealed and deli"erec/ in presence or CITY OF DELRA Y BEACH I:' i! ,I ii I' ;[ II ..............n................... ............... nnn. nn.nJD ............................................................. By;. n.. "Doaj('S:' .Caiiijiiieii:;.iiI;.l;fayorn.... ATTEST: ... ,., 'n. '.city.Cier.j(.n.... ST.nE OF FLORIDA, COUNTY OF } I I " " I HEREBY CERTIFY that on this day, before me, an offi,l"c duly authoriud in the State aforesaid and in the Cou ntr aforesaid to take acknowledgments, personally appeared i 1 to me known to be the person described in and .....ho exrcuted the forl"~oing instrument and acknowll"dg'ed bdore me that executed the same. I , I II II " I' if II II '17/15 IlISlrul/lt'lll prtptlml by: I ;1 ddn'Ss WIT~ESS my hand and official seal in the Count~. ~nd Stille last <lfoct-said this day of A. D. 19 Jeffrey S. Kurtz, Esq. 310 S.E. 1st Street - SUite 4 Delray Beach, FL 33483 CITY RTTORNEY'S OFFICE TEL No. 407 278 4- - Ma~ 10.89 11):54 P.D':: ....'-~,~ NOTI CB or INTBIrr TO SKU. NO'1'ICE IS HEREBY GlVa, that the city ot o.lra1' Beacb, Florida in conjunction with Palm Beach County, Florida 1ntenda to convey ny Quit-Claim Deed 1n excllange for $100.00 the following descrined px-operty: Ten foot strip of land lying westerly of and directly a1:>utting Lot 3, Block. ~, JOHN RBID'S VILr.AGB accord1ng to the plat thereof, recorda4 in Plat BOOk 21 of Page 9 5, PUI:Il1.c ltacorc1a of Palm Beach, County, Plorida, The City aball vote on a resolution autbor~zin9 said 8ale at its reqular CommiSSion meetin; af May 23, 1989 at 7 p.m. in the City COIII\\1as1on c,......-r., City Hall, 100 N.W. 1at Avenue, Delray Beach, Florida. PUI:Ilisba The Newa of Delray Nay 15 ADd 22, 1989 Cln 01' DBLRAY BBACB, I'LOJlIDA BYI Bliza1:>etb Ar'naU City Clerk . , l i , L l , I , 0RD1NANCE NO. 35-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE X:V, "BUILDING REGULATIONS". CHAPTER 155, "ELECTRICITY" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, F"..oRIDA, BY AMENDING SECTION 155.02, "ELECTRICAL CODE ADOPTED BY REFERENCE", TO PROVIDE FOR THE ADOPTION OF THE NATIONAL ELECTRIC CODE, 1987 EDITION; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS 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 X:V, "Building Regulation", Chapter 155, "Electricity", Section 155.02, "Electrical Code Adopted By Reference", of the Code of Ordinances of the City of Delray Beach, Florida, be in the same is hereby amended to read as follows: Sec. 155.02 Electrical Code AdOPted By Reference. Except as in this chapter otherwise prOVided, all electrical construction and all material and appliances used in connection with electrical work and the operation of all electrical apparatus within the City shall conform to the rules and regulations of the National Electrical Code, :984 1987 edition, as recOlllllended and published by the National Fire Protection Association for the installation of wiring and electrical apparatus for electrical purposes. of which copies are on file in the office of the City Clerk, which rules and regulations are adopted and approved and made a part of this chapter as fUlly as if set out in length herein; provided that the rules and regulations of the National Electric Code are not in any respect in conflict with the provi- sions of this chapter, this code, the laws of the state, or Subse- quent ordinances and resolutions of the City. If a later edition of this code or subsequent amendments are made the applicable minimum code, then those revisions or amendments shall automati- cally became the adopted code under this chapter. 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 I ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of cCllllpetent juriSdiction to be invalid" such decision shall not affect the validity or the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall became 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 , 1989. ATTEST: MAYOR City Clerk First Reading Second Reading \3 ~ ,rdc~ f;/ March 20, 1989 MEMORANDUM TO: HERBERT W. A. THIELE, CITY ATTOR~ " FRANK SPENCE, DIRECTOR, DEVELOPME~'~VICE ~ LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEME~~ RECOMMENDATION TO ADOPT THE NATIONAL ELECTRIC CODE, 1987 EDITION AND AMENDMENTS TO THE SAME CODE THRU: FROM: RE: Pursuiant to your memo of March 16th, I met with Jerry Sanzone regarding the possibility of the City of Delray Beach adopting the National Electric Code and the Amendments to the same. It is our recommendation at this time that the City of Delray should follow suit with Palm Beach County in adopting this code with the applicable amendments. If you would be kind enough to prepare the Ordinance, we will be appreciative. Please notify me if we might be of further assistance to your office regarding the preparation of this Ordinance. cc: Jerry Sanzone Walter o. Barry, City Manager B:ELECCODE.HT/Ll ~ . .1 " f . . ~0 A ~.~\11 [IT'll DF DElRm~Y ~EA[K CITY ATTORNEY'S OFFICE JIfI'i.i. hi SIHII:T...IIII.j lJll.l(\\ 1l1,\C'Il.II(lRID/\J.~4~3 11,1'.'.0. !l'/ll III HIli''' H -1"~'~7H~17q "1<;MORANDUM Date: March 16, 1989 To: Frank Spence, .Director gf Develonment Services Lula Butler, Director of Communlt~' Improvement Martin O'Shea, Chief Building Official From: Herbert W. A. Thiele, City Attorney Subject: Status of Inquir~r Concerninlr Adoption and Amendments of National Electric Code, 1987 Edition This is a follow-up memorandum to m~,' previoui< memo datlld AUg'ullt 29, 1.089, V1hllrein I requested whether you hp.lip.'fl'! Rnv additional amendment" are necessar" at this time to the Codl'! of Orc1innnclls of thp. c:it', 0,( Tl'1lrav BeRch, e'ither to incorporate the 1987 Edition of the National Electric Codf'!, o'r to provide for any "opt-outs" by the Cit~, of certain nrovillions of the 1987 Edition or of the pro'.'isinns contllined In the ordinance recently adopted by the County Commission with an effllctive date l"f October I, 1088. I am ag-ain attaching a copy of Ii memo!'IlT\c1unl dated Au~ust 18, 1989 from Assllltant Deputy Director of the )3lJildinp,' Division of PRim Beach Cn.mty, Dominic Sims, with reg'nrd to the Cnunt"'s nd0ptinn of thp. National Elcctdeal Code, 1987 Editi'lIl. If you havll any questions or if you 'ylGIl to discuss this mattllr furlher, fllease provide me with tne neeesso,ry bp.ckr;round Information Rnd conta'.! my office so that an appropriate appointment ean he scherluIcd. Thank YOll. fJI(!",,' HT:ci A ttaehment 0- -0/8:1 L < L ~. We.. 5.("",.1'/ ",,1'0/1- n:.J /f",-".s..~ lob ,e'~~.."..,~, '''\,...00; 7) ~ Z="" ./.... > -I,. /'. RECEIVED \W\1789 J'~, f-;:'\_'\l~~""""t""= .~I"~.'''''1ON Building Code Advisory Board of Palm Beacb Cou"t)' J400 Belvedere Rd. West Palm Beacb. Floridn JJ406 .....~;. o' ~"'''r'' ON: ri-\"L.\'. - " 3.~Q..-..- __'6/9 .- " .~ l)l!icll C',~.:: ,', ,"'~' :..\:~. ".: 2,.. ::;I:Jl c.:tt~. r.:. ~}...,-~ MEMORANDUM August 18, 1988 TO: FROM: Building Officials of Palm Deach County f}U Office of the city Attorney Dominic Sims, Assistant Deputy Dirpct / \ Building Division National Electrical Code, 19B7 Edit on SUBJECT: At its meeting of August 16, 1988, the Board of county Commissioners adopted the National Electrical Code, 1987 Edition for both the incorporated and unincorporated areas of Palm Beach County. The Ordinance has an effective date of October 1, 1988. A second ordinance was also approved at this meeting, which adopted certain amendments to the National Electrical Code. These amendments are applicable only wi thin the unincorporated area and in those municipalities for which Palm Beach County Building Division provides plan review and inspection services. Both of these actions were recommended by the Building Code Advisory Board of Palm Beach County who strongly encourage the adoption of the amendments by each of the 37 municipalities in Palm Beach County. Attached for your convenience, is a copy of the first Ordinance. Should you have any question regarding this matter, please do not hesitate to contact me at your convenience. DPS:di:adoptnec.bo cc: Building Code Advisory Board Robert W. Palchanis, Director, Building Division David Hinsa, Palm Beach County Municipal League Dominick Covelli, Chief Electrical Inspector Attachment J400 Belvedere Rd. lVest r.,I", /lcncb. Florida JJ406 "', ORDINANCE NO. 37-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT, SAID LAND BEING ALL OF THE CORNICHE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 53 AT PAGE 28 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND IS LOCATED ON THE EAST SIDE OF U.S. HIGHWAY NO.1, APPROXIMATELY 650 FEET SOUTH OF S.E. 10TH STREET, GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS, AMENDING .ZONING MAP OF DELRAY BEACH, FLORIDA, 1983., PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planninq and Zoninq Board, at the meetinq held May 15, 1989, recommended zoninq and placinq of land pres- ently zoned POC (Planned Office Center) District in the zoninq SAD (Special Activities) District, and, WHEREAS, the City Commission has determined that such chanqe should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA', AS FOLLOWS: Section 1. That the followinq described property is hereby zoned and placed in the SAD (Special Activities) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: All of thereof 28 of County, THE CORNICHE, accordinq to the Plat as recorded in Plat Book 53 at paqe the Public Records of Palm Beach Florida, described as follows: That part of Lots 10 and 11, Block 1, MODEL LAND COMPANY'S SUBDIVISION in Section 21, Township 46 South, Ranqe 43 East, Palm Beach County, Florida, lyinq east of the east riqht-of-way line of U.S. Hiqhway No. 1 (State Road No.5) and between the westerly extension of the north and south boundaries of Lot 27, Block 2, of said subdivision, accordinq to the Plat thereof recorded in Plat Book 1, paqe 128, of the Public Records of Palm Beach County, Florida, less the South 100 feet thereof as measured alonq said east riqht-of-way line of U.S. Hiqhway No.1. The subject property is located on the east side of U.S. Hiqhway No.1, approximately 650 feet south of S.E. 10th Street. The above described parcel contains a 0.510 acre parcel of land, more or less. Section 2. That the uses allowed for the subject property described in Section 1, above, pursuant to Section 173.631 of the Code of Ordinances of the City of Delray Beach, Florida, shall be those uses allowed under the POC (Planned Office Center) District. It{ Section 3. That the development of the subject proper- ty described in Section 1, above, is to be in accordance with the approved conditional uses and site and development plans as approved by the City Commission on (specific site and development plan reference, conditions of approval, and the date of approval to be forthcoming1 however, in no event shall the date of approv- al for the conditional uses and site and development plan, as well as the second reading of this ordinance, occur beyond December 12, 1989). Section 4. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provi- sions of Section 1 hereof. Section S. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent juriSdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That this ordinance shall become effective 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 - 2 - Ord. No. 37-89 C I T Y COMMISSION DOCUMENTATION TO: WALTER O. BARRY, ?fTY MANAGER ~ vi ~o . FRANK R. SPENCE, DIRECTOR ~ELOPMENT SERVICES GROUP ~~~~ ~'-l~ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF MAY 23, 1989 FIRST READING OF ENACTING ORDINANCE FOR THE PROPOSED CORNICHE REZONING, POC TO SAD VIA: FROM: ACTION REOUESTED OF THE COMMISSION: The action requested of the Commission is that of approval on first readinq of a rezoninq ordinance. The request is for property known as Corniche for which a 7,100 sq.ft. office building had been previouSly approved. The property is currently zoned POCo The petition was for either LC or GC zoning, but has been amended to SAD pursuant to direction from the Planning and Zoning Board. BACKGROUND: This property has a complex history with respect to the approval and then expiration of a previously approved site and development plan. While more detail is available in the P&Z Staff Report, the situation is that the previous site plan has lost any vested status. In addition, the zoning district standards have been changed since approval of the initial site plan and the same site plan cannot meet the current regulations. A full discussion of this situation is contained in the full P&Z Staff Report which is available in the City Manager's Office. In light of the above, the applicant proceeded to seek a rezoning to a district which did not have standards which forces major redesign. PLANNING AND ZONING BOARD ACTION: At its meeting of May 15th, the Board reviewed the request. After deliberation on the various options, the Board has forwarded the request with a recommendation that SAD zoning be used in this unique situation. The Board further recommended that second reading of the ordinance be withheld until such time as a new (revised) site plan is prepared and reviewed by the Board. A revised site plan will meet the standards of the LC zone district but will not allow for the range of uses allowed under LC zoning. The uses will be restricted to those allowed under POCo Given the unique situation associated with this project, the Board's recommendation seems appropriate. At the Board's public hearing a petition in opposition to LC or GC zoning was provided by an adjacent residential area. Upon hearing the Board's recommendation, representatives of the area felt it was acceptable. To: Walter O. Barry, City Manager Re: City Commission Documentation Meeting of May 23, 1989 First Reading of Enacting Ordinance for the Proposed Corniche Rezoning, POC to SAD Page 2 RECOMMENDED ACTION: By motion, approve on first reading a rezoning ordinance from POC to SAD and direct that a public hearing be advertised for second reading but that such hearing not be held until a revised site plan is reviewed by the Planning and Zoning Board and forwarded for final action. However, in no event shall second reading occur beyond December 12, 1989. Attachments: cover sheet from P&Z staff report REF/DJK#43/CCCORN.TXT I ~:' ~:- E.: .~.:-. ~, I ~ANNING 8 .~IN6 sOARO' CI TY OF OELRAY BEACH ..eETII\6 DnC: Mav 15. 1989 STAFF REPORT --- fEe.D:I ITeM: III. C ITEM: CONSIDERAnON or A REQUEST POI REZONING PROM POC TO LC 01 GC FOl THE COlNICIIE ON THE !AST SIDE or U.S. HIGHWAY NO. I, BETWEEN LINTON BLVD. AND S.E. 10TH ST. . . OELRAY MALL 17 GENERAL DATA: ". ewn.r...........................H.nry Whitebill, Pre.ident Crafl: Developer. II Agent...........................D1Vbr c. 8r1dQ.. Dlgby Brld....., Ilanb , As.oclal:.., P.A. tOcatlon........................On the ..at aide u.s. BiVhway No.1, be_n 5.1. 10th Str.ee and Linton Ioulevard. Properl:)' 51.....................22.215 Sq. ft. (0.510 Acr..) lx18tinq Laad V. Plu........ ..JOI (P1AllMd Offlce and InaUl:uUonal) IxJ.nlnq C1qr .-...............IOC 1P1AllMd Office l:eDur) proPGMd Clq I-t..............LC (L1a1tecl ea..rcial) or GC (General c-rc1al) Adjacent ~1~.................HOcth aDd.wwat of tbe ~ject propeny 18 sOMe! $C. South 18 sOMe! 11I-15 (MalUP1.e-F..tly Dwllill9 D18l:r1~) and ..n 18 sOMe! cr ((' JAiq Facllitie.). Exlat1Dg LaDd V.................Vacaftt Land~ PrOf .eel Laad V................. Flft&ftCial lut1tutioD/ Office - IlIIJ.l,Ung ". . Water aenu....................b1.t1ft9 12- vatel'... aD tbe aul: .1e1e Of U.S. ..... ~ 110. 1 ITEM,:or. L Sever ~....................&x1.t.1n9 .. ~..sa _ tbe ..at dele of u.s. ...".- TI 110. 1 ... l!I t- " ...., . :~:. '. " : .. i~ : ~ ,',', . .. : .. : :1 : ,';:.: : 1-.', : r : 1>.;: - ;'~t">> [ITV OF DELAAY BEA[H~~ Ill, CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET. SUITE 4 DELRAY BEACH. FLORiDA 33483 407{243-7090 TELECOPIER 407/2784755 MEMORANDUM Dat.e: May 23, 1989 To; City COllU11ission ~ V\, ~ v From: Jeffrey S. Kurtz, Assistant City Attorney Sllbject: UDAG Status Report On Thursday, May 18, 1989 Tom Hinners and Jay FeIner, on behalf of the Auburn Tract Joint Venture Partnership, and Lula Butler and myself met in Atlanta with HUD officials, including David Sowell who is Senior Development Director for the Office of Urban Development Action Grants. The meeting had been prompted by correspondence from the Joint Venture Partnership ques- tioning the amount in which the general partner could share in a 12% non-cumulative return with the limited partners. (Such correspondence is attached hereto for your reference and has been reviewed through prior memorandum from our office to the Connnission) Through the proposed agreement between the general partners and the limited partners, Joint Venture had hoped to share in up to 50% of those proceeds. As has been indicated in previous memos to the COIlU11l.ssion, such an arrangement would not have had an impact on proceeds due to the City. Furthermore, it is our office's ~.derstanding that such arrangement is fairly standard in the tax credit syndication field and does not present a problem under IRS regulations. However, UDAG has, as a matter of policy, found such an arrange- ment to be unaeceptable. The basic reason for not allowing such a relationship is that UDAG officials wish to discourage the fee developer, which the Auburn Trace Joint Venture partner- ship is. Being a fee developer means that the developer will take money up front, in this case $1,088,000, and thereafter they are limited to having a 5% ownership interest and a 5% share in the cash flow. Mr. Sowell made it clear that a fee developer may receive 5% of the cash flow to cover management expenses; that they may receive 5% of the 12% non-cumulative return; and that they may pass through aceounting legal and supervisory fees which would be charged as an expense of the proj ect and show Ii ttle, if any, profit to the general pan:ner. City Commission May 23, 1989 Page 2 Should there be cash flow beyond those operating expense and their return to the limited partners, they are permitted to share in 40% of those proceeds, with 60% going to the City. Following a discussion on the site plan which was reviewed favorably by HUn in a review of the progress that has been made thus far, the other i tern of contention was brought up which involves the City's use of excess syndication proceeds in the eventuality that there is negative cash flow after the sixth year. The City is entitled to receive 90% of the excess syndication proceeds, which are defined as the syndication proceeds minus expenses and the developer fee and cash needed for the project. The remaining 10% of the excess syndication proceeds would go to the general developer. There is a provision on Page 6 of 9 of subparagraph (eel which states that if there is negative cash flow for the project after the sixth year, 100% of those excess syndication proceeds may be applied to repayment of the TJDAG loan. Auburn Trace Joint Venture has argued that "may" was a clerical mistake and what had been negotiated with Hun was that the City "shall" apply such proceeds in that manner. HUD has indicated that they will alter the language if we so desire it be modified. In addition, in that same paragraph, there were omissions which should have been included and would clarify that 10% of the proceeds would go to the general partnership and that all of such excess syndication proceeds would be held in escrow until completion of the project in order to ensure Completion of construction. Following below, I shall attempt to outline what this means in real dollars for the City. Let us assume total syndication of $6,000,000 and $200,000 in expenses. $6,000,000 $200,000 $3.3 million - total syndication proceeds - cost of syndication - cash invested into the project $1.1 million developer fee which leaves excess syndication proceeds of 1.8 million dollars 10% interest to Joint Ventures - $140,000 $1,000,260 - 90% share to the City $630,000 $630,000 - applied to repayment of the UDAG loan and - applied for contingent interest City Connnission May 23, 1989 Page 3 Joint Venture shall present their position on the application of syndication proceeds in the event of negative cash flow, at the May 23, 1989 Commission meeting. Following the meeting in Atlanta, Mr. Hinners, on behalf of the partnership, has indicated their understanding of the arrange- ment which comports with the City's understanding. Mr. Hinners is in the process of negotiating a new arrangement with the limited partners and may possibly have a presentation on that issue for the Commission's meeting of May 23, 1989. The present timetable remains with June 30 as our date to have all of our legally binding contracts executed and to have began construction. The tentative timetable is for final site plan and plat approval at your meeting of June 13, a Closing on the property, June 14, and ground breaking on June 15. Hopefully, in the same period, the tax credit syndication w~ll have been completed and monies will be available for disbursement to the general partnership. For your meeting of May 23, it is suggested that you approve the amended grant agreement. Included on that approval should be a decision on whether or not you want the "may" or "shall" language applied to the contingent interest issue and an acknowledgement that a new grant agreement will be transmitted from HUD to the City for final execution, with the changes on escrowing of funds as referenced above. Should you have any questions concerning this matter, please do not hesitate to contact our office. JSK:sh cc: Walter o. Barry,City Manager Frank Spence, Director of Development Services Lula Butler, Director of Community Improvement David Kovacs, Director of Planning and Zoning Tom Hinners, Auburn Trace Joint Venture Partnership AUBURN TRACE JOINT VENTURE 4723 W. Atlantic Aye., Suite 9 Delray Beach, Florida 33445 (407) 495-8470 May 19, 1989 Fl' . f.1-..... ~<t,:...... ~_' Il"~~1"\ CiI; ,,;,~Q~ fd9 C;'Jv C'ft~:~~~:':',~'_, J_~ ..," -"- " ....r..':~:;h City of Pelray Beach City Attorney's Office 310 S.E, 1st Street, Suite 4 Pelray Beach, FL 33483 Attn: Mr. Jeffrey S. Kurtz Assistant City Attorney Dear Jeff: . You requested that I eet forth in writing the position of Trace Joint Venture with respect to the matters covered meeting in Atlanta with HOD offioials. Auburn at our My understanding of their position with respeot to fees for servioes and guarantees by the Joint Venture is as follows: 1) The Joint Venture itself is limited to the developer fee. excess syndication proceeds and five percent of cash flow and ultimate sales proceeds; and 2). Fees for the services performed for the Partnership and the apartment development, to the extent that they are allowed by the Internal Revenue Service as being reasonable, can be paid by the developer to Florida Affordable Housing, Inc., or whoever is rendering the services, but not to the Joint Venture itself. With respect to the inaocurate use of the word "may" in the last sentence of page 6, Exhibit E, subparagraph (ee), and my request that the word be changed to "shall", both HUD's staff and City staff agree that the intent of the verbal agreement we reached a few months ago was to mandate that the City use 45X of the excess syndication proceeds to reduce the UDAG debt to the extent that there is negative cash flow in the development after the fifth year. HUD's staff, however, has advised the City that it is up to them to agree to change the incorrect wording. I had hoped that at the City Commission Meeting this coming Tuesday evening, the City would vote to honor our verbal agreement. In light of the manner in which HUD has ruled on our other requests, Auburn Trace Joint Venture is taking great risk for very little return. I have, today, received a Housing Managing Agreement and Plan from NHP Property Management, Inc., which has been executed by them. We are making a few modifications to that agreement and, by Tuesday evening, we should have a fully executed agreement. TH05191 Jeffrey S. Kurt~ May t9, 1989 Page 2 Plea~e call me if I have not provided all the information you desire, Kindest Regard~. , -------=:> ~~ Thomas G. Hinners TGH;pd *....** F" X ..,.......**............ 10:_ ~~~E,Sl~ I 1" ;...A."t.......~.~*.... DEn: --~Y+'l. "'4 0 FRoM .fAXoI'; ? ig -41, a.OF - _ PHONE' .L, PAGES CO, '_ ....it:;, .~'a"d la, ".n'm'tr~FAX # L/ Cj :)-7/ il7S 2 emo 7671 2-l -e.2.. 05/16/89 15:43 . --..-.'.- _.. -, .._-._--~-_._-_.--.__._~_._---~_._--;--:..~.~-""-.~......;.-----_.--'--.:. ----_.....;;-~""~. .::. ~."!\' ':, ~-~, 'a'407 243 3774 Cry DELRAY BEACH ~~~ cry ATTORNEY 141002/006 "~ SUPEHV 1 SORY 11ANACEEI1[::NT FE!: , The linlited par"tners will pay fl~om thei~ twelve p~r-~~t'lt (1'~~' ,"e't.ur"fl df1 tht=il~ inv('~stment.. ~3.,H,UPE.t'vis(Jf"y ffldl"lagemerlt: fc'e Df i:hr-cc' percent (~~X) 04' t~'e gross r~VEnUe~ of th~ project {Ol- 8tJmini~~t~r ing th~:+~ f{;Jllr;owif"l~~ gener(,"\l fur1ctian~:i of thf..' par-tiler Ship; Ii 1_ F'nt-'t.nnl'"SI"l:i.p t1pe-~r'ali(Jns, ~.,hich s:ha.1J :inr.::ll.lrr~..~ ~'Ji,tl-ll.)Ut limitation t.he follov-linq: j,mplt:.lnlt::~llt.(:\l.i()n [)~: r-:'c'\rtner-ship inve<:;,.t. nl(?f"lt pCllic:if.?~~, impJ.(,~\mf~nt.c:\tic'n elf periodi,c physical in~:lpE'Ltiun:... ,';!'\nd ir')'(ol'"m&l mi..-\r'ket s(.trve~yt,~ c.H,"'ro".'ctil.,t! cilld t'eview [JT wor-k (,)-f marl,:-\gF:>I""<';;;, cont.r-aci:',(Jt"1;!; (;':\r,d If:~El'!':3i nr] l:\gE"rlt5; pc.~ynrf::!j"'lt of ft:,;'E:;;'l$ (;;tlld e~pense~~ to indeper1dent cor,tractr)r-g, mortg~ge br-(Jker~, broker-s, It::-o.t:'.ing ~:,\gent.~l~ consultl3.nt.t~, in~i)lll' af'lCI':~ br'oker-'s, and othE'.""" ;~qf:'~nt:f.->; ilTlpl!:~rn(.:,:~r'lt...~.I.::I.lJn ~lnd I'''f~view of t'e5et".V(';:>~ arlrJ w()r"'hirlq C~"\fliLdJ drill [:~'cumtJ1E~n(ji.:r.tior,~.;. Nith retlpect- tC1 ctldl.,gE-:.\~1 tl'ler'etD; pr'cp.:-\.t-'Clticlr-" pt'-c.:'..";t'~r1tl::,ti(]n, c"~nd :implE'!fT\(:;:r\tc"~tiCJn Df cash distribution d~~r.:1;;i()nf.;~1 f:i.n{!\flcit:.ll <':itnt:'l.y'!',;;if1~ pr'eparai:iorl [)+ P.nrtnf.:~r.!:~tlip ~:;.tC\t.\.tS r"E'pol"t~:.; 'Ln:i,t.i.atinr1 or.'1nd implementiltiCJn C)-f i.~ny ottH:~r" positivt:.~ act:ion ner.:8S' =;,-::\"'y t.D ()pt.imi:~..) t.:ht~ potential benefits .for- t.hf~;;a F"i:;\t 'Lllcr'~;,Ihip~ pE'.ymc~n":;. 0'(" ..:\f1Y l".1nd all liabiliti(~S',), 11..J~bf.'n." jt..u:.lYll1eflts, {=;..pense~-j (ineJutJirlf,J (;.ttol-nE~Ys' 'fQl'::!~;, [:tl"lO di!:ibur"5E'ments) e.nd i:\mDLlnt!S pt?lid ;l.l', ~5ettlement 01: c:lilirns c1.risin{1 from (:.\ny clf:lim~ for' ptJr~(;jII(".-I.l injur-,/~ PI"'()Pf-::I,.ty di:\tfldge, Nr-ongf\.Jl c1~'~"::lt.I'1 ar\tJ ul.ller ,-isks arisinf] C-1Ut r.:r.f the bu<!.i nr:?$~:r.. 0/ thr;ll Par"tr"l€.:-t'-sh i p; 5Up~l~vi ~j.;i Or'l ~I)(J t~;':pG'n'.:jf:;:\'5 u.( pl"O' 'f{;."!:~;'!:-;:.:i.r.:lni.'-l.l'5-.~elTlplDyed by the r:'l';:l.rtn(~?t''"~:;i.t')ip ill t:.onnectiol"l with "1n',' c'f the above, including attorneys, accountants, ar)d ~ppr-ai~er'5~ initiation dr,d ~1.nalysi5 ().f r'coCC)I1Hl1f.?n(je.]tiuIIS to sell thre F'1-ojC'c:t on ac:cQptl~bl (~ tEH'''m$ of si:d f::'~ and paymcHit of al..ldi t CiIH.f other" feer.::..; 2\. r'iH,...t.rH':?""~;hip l:\c:;c;'OI..II"l't.irl~~., which sh.-;dl j.nt:.ll,HJL~ withuut. linlitatior~ the following; prep~ratiorl and ducufoer1.tatiorl of P~r.t.- flership accounting ar,d ~udi1~; pr~paratior) and docunlentation uf budget::j, (~conl)mic sur'vl-?yr:;,-, pr"c:ljt:>c:i:itJrl'.:J of Ci:.,sh Flc.1w, pl'"nfl, l:.f; drld lo5sf~s1 1:8:': f:,:r edit.r;) and ~.JDrking Cf::Jpit.u.l r'li~'C;'ll.l:ir ~;,/nt,~nt5; pr'(':.'p.:::\r..;:"tinn of r"egulatcJry and tax repor.'t~; cP~tB uf dl'lY compute~ equipment OF 1:~F.TvicE'~i used "01- C..Y' by thfi:.' Pf,;\rt:.r,e.'''ship; cO!:3-t.:D'. (;Jf .i.tny dL..LLILlrlt.j, fll.:.:I, slati~~ti.t:;d.l, cw bt'JCJ:kkeeping eql.1ipnH;;::ni: "1/r.~{,;:e:.!:iJ.at"y for'" t.he m.:-.\:i nto" nanc~ of the boolts and recurd~ nf 1:t,e Partnership; 3. Legal sQrvices, which stlall ir')~lIJd~ wit~l!')ul ]j,mitatior') t.I"'ltC:' ffJI1Dwinq: E~~:pf-::'n~~f.~$ ,~'f t"(~Vi~lir19 ~'nd iJ.mendin9 t.hisi ACjr'f."If..'1f11f'I'l'l- or conv~l,...ting, nlcdifying, or i:ermillating i~tle Pa~ll'ler-stlip or" tl,is (~OI"'E-H~mr::-I'd':,; f1H:'Jrdt.L"'II~i.nt-l liti~.lf..-\tiDn, if <':\ny; r.:D5t~ incufTc'c! :i!! connc:ct.iLln wit,h o.flY litig.~ti()l"l in whicl'l t.tltt~ F'df"tn!;':~f"'~.hip :L':::l- in" v()lvE'd ~~~ wE:'11 as any E'~..(c:lmini:.ltiCl/'J, ;itlvM'~:d~igat.iCJn, or ot!'.H7'r. r:WD-. cemding COndlJtted therewith, and C()sts IJf qualifying or- licer1Sjr~g the Partnership; 4. "a;{ s~rvicEs, whj(:h shall i"lCludE withollt limitatiDn t~lE S.t28~ C;O,~5 0.05/16/89 15'44 '6'407 243 3774 CTY DELRAY BEACH ~~~ CTY ATTORNEY -- -_._._-.,-----~,---~---- '. " .. -. -~. @003/006 . .following: t~u planning fer th~ PD1-t"er5hip~ preparation and documentation of Partnership Federal, state and lo~al laN re- tt..trMs~ reviE'&.'\I o.f ta:.:. proJee:t:it'HH:q t3M ComputEI'M s(:~rvit:t:~f:!j., wlt:i,t:::h 'u,h(::\] 1 include wit.hoLtt limita'- tion the 'following~ COGts of any computer ~quipm~nt or s~rvil:e1~ U!:3f~d .(00'.... Coil"~ by thE.\ F'Hr-tner-st1ip, il"lcJ.uding pt'-()(:C:~!;fjiny c;,f d,CCCJUfIL.._. ing t.'eCtjr'd~ ,....elat.ing t.e) thc~ F';7'll<"'i:.nF,11'!:';h:i.rl; 6 - Hi~:~k "l~^I'll;lt;.lr:.~lTlerlt, which <:::ihall inc:lurfEI Wit.t)Ul.tt. liCllil:<.1ticJr1 t.hc;\ f(~)llowing: inspectiDIl !;'.f,n-'vi(.:.t,:"c;:.~ ~:;Ipf::;"cial consultant. fr::-E'!ls, pr-efl\ium~;j, lof:;~ ;;,:\r.:ljtHM~t.ml~nt:~;, CHld any C.JtI1(-:>r" f~:(ppnStH~ f.Jr in~:,.uri:i.llCf2' l'~f.:~qL.l:ir'-'E;:lj in C:CHH1f:':'ction ~....ith the:> bL\~;:i.nE'(:.i\:" lJ1 Lllt~- F'i:wtrH-:'r-~""hIp; 7~ f~1(;~r--k(~t:ir19 ~:;er'viC:E'5, ~'Jhich Htlrill include d':.isIsting t-.hE~ r!r"Dpffi~I'''ti managemc-:.'nt "'ir-m in pJt'nnin~:l, 5uper~vifli:i.ng i:\ri[j (if.~~Vf.;:'lopln(J a mt~rheting pr'-()9r'~i.\'1l +t1r- the prOjE1ct, ~:~fib>:istillq III the SLlp~:'I"vi!~;:i.f..)n of SLlCh profes5iorj~1 CqPywl-i1,l~r~, 5igl1 painting companiFs, ~~rt- ists and agmnGi~6 as may b~ rQr1uil'"('~d tu develop ddvcr'tising pl""('J~:;jr'arnr~ ~ b!'''CJchure~;, gr--;":-l.nd t.:IF,hll"li 1'11,J [;::C.1rnpdi gn!::") Dr- d."7.i 1 Y rIE'w~:J~}dpel" adverti5emcnt~; and tJa Any othel- f-cl'::ltl.~~\d /.')nt'~l"I::i.1-.iona.l 3nd l:~rjm.i."lj !;~tr dLivl-" C:>:-' pt;::.'nst?s nE.'C(~S-;;b~~r'y f{,)l' Lht-:' pl~udcr1i: DI'"gc",l)i;-:atiDJl dl1d opel'"ation 0+ the f)ar"tnership_ S128~903 05/16/89 15:44 'a'407 243 3774 cry DELRAY BEACH ~~~ CTY ATTORNEY ~004iee~'* TAX CRFDIT COMPLIANCE F~F '1'1""" F'i"..tne>"-"l1ip shall Pd'i [1/,1':' pmn~lIt (I,,) Qf mtmtt,ly r-"/1tals cDIIEcted far handling Bny and ~ll LomplianLB work required under HlS Cad,:> S;"cti Oil "l~:. T!n" {"HI W.t 11 .tQI"mi l1dLe "Ii V, tt,e termi na..." tic/1 wf complisnc. rEquirpmemts ~/1d mhY be ronB9otiat~d in the evemt of mdtcl":lal ch"'n~~",!;; tu the r.;Clcle. For <:;t.lch fee, the 9""''''1'''',,) P~:'t-.tnf:.'t. sf1el1. pr"tJvide thfo"~l following:: n. A wl'''itt"" C:ompr"hC""blVf~' mdn"g<Otrrlmt pIa" felf' Lumpli..nu; Nith all fedar'sl guidelln~~ and deadlines throuyh construction and occupa"y, cmrtiFlcdtion for existing and new tenants in the project, anrl1Jal r'~'.'certii:1Gation of tenatlts; U" f:of~lpI i. i:,ll'iCf' requJ a,tc~d; PI'"O\lide undE'I~' and any ctt,er r.~pop.t,.~ or dCJCUfnent5 T.f\S-; C:~)drf:' ~3C'r::t i. (')tl /.~:/~ j7l!;~ c:ur",."ent J,' I....equi r L"r~ hll"i. '(:ten tm dnci c. prr.Jpelr'ty c:ontjnuE'd r:c'Jor'd i f\r.\ t,: l,:~ rf1dna~jemC;:"lt gui (1Ance.. r:-~(Jmpl i ..HI( .t'i.' f::..t ~'Ol~.t:~. wi th t:hc c:()mp~1.ny i:\flU Pl'-ovidf! 111;tt:ial Pf~lr"tnel-~~hj p .~:. tr"e.i n i ng 2lncj E 12r~. <:;'0.:: 05/16/89 15:45 '6'407 243 3774 cry DELRAY BEACH ... CTY ATTORNEY ~ 005/006 tiU(\F(ANTr,'ES AL\bl~lr-'I') Tr- ~\ct:;> JC)j. nt Vr,l,tlt:..,(? 1 .i t~:; pi.'\r'tneJ-<,a arid the nine i nd.i v l dl~i:;l.l H who c.\rE' pr";inc:i.pof.,ls of t,~H;.' ~;Jl'.\l'.-t.rlf.:,'t"-S, '{or" .:t .fee of tl'JO percent. (:!'l..) of the gr-OSEi r"C?venUE"E of the pr(]jf;~c:t:, ~hdll Joi t"ltl y t.::HIC1 s(;~\v~n'.")ll y guarantee the fol1uwing: 1. A9,:;:'iinst r'E'captur-e of the 1 oI'J--i nc:ome "J'H..'H..ISi rlC:J tell.: c,"'clr.H t: for" +1 FtGt::>n (l~J) y(2al'"b, ~),5-;j. sc:.~t fornth in t-he partnership ~'\lr f:;~e' m(;-~'nt:, \o'Jhich caus::::~'J: for'"" .:"l rec:aptLlr(~ !-5hi.d.l inclueJe fOI'-f:;'c:l!::.H;Ol_lr'f;~ (:it th~ Ihortgage~ anc1 violation of applic~b]e tcrlQflcy rcstr"icti(JfIS. All reasDnilble lE'ge:\l C\r1d acc:olltitiny -ff.~r.;,\~; and r.Jt.het- thi,-d part.'/ c;fJ!:;t~; c:~nd e~:pensE'!:::;. incul-red by the.' limited parttler'~3 if1 CClI1t(:s'tinG ~~ny t~\~.{ cr'!-;:-c:li t J'.E~(:;:~'ptUI~'f2 c1 a1 m shdll be bor-ne by the OFnt:,:r'f;:d par t n c:~r; 2. '1'r.J .fund Dp[:ore~tin':.1 dE~+:iC:it.~:.) +Dr 12C) mt1rlttl~:i dft"t.-?I' t~jl"l' fJer'c~ent (100%) cpmpl(~tic)rl of corlstrtJction o.f the r)r'OJCLt~ hUfldl"'t-::tJ iUld ..:.\~ To fund e:11'1 C::trll'il.tal ;t-I~~.;.'jOO pr-j,CIt""ity Ch'~;tri.~Jl-ltiof1 limited pal~trl~l-s, 01' ~ cumulcltivc ba~si5~ to the C:~t~l,t i.'ny givE'rl..... yt:.'i;,;\t. l:hc:\I"e i~.;;. nt.:>t: l;;i\..tffj,c:if~I-\'l c<:'\!1:ih flow tt) pr-:iol'-j,ty di:--sj;.J'-j,bllt.'Jein_ tn 'lh l:.~t pay thr:o i rl SUCfi 8128.9(1-1 95/16/89 15'45 'a'407 243 3774 CTY DELRAY BEACH ~~~ CTY ATTORNEY i4J 006/006 FEE FlGRFTI'ICI\i'! Th", <lttached 8ctH'H:lctlf"'" of -f,.""" "".".dd be p,,,d tD UI<.' "w,.,,,,r;'l p<lri:nl.'r, Flub",,-n Tr'D\Cf., .)e';,,1 \h,'nt.uF'C:', bt' tl,,,' 1. j lIIi Led r:Hlrtn"'r" [" Aublwn Tr',,'''"",, Li:d. few St"r vief'" pf'r+f"'-"'l'.'r] dnd ,'j "'1::<', i neLII"'-E"] by (\UbLWn Tn:,ce auj n1: I/I.,",I.UI'''', "noJ "t,,;1:1 bv meWe fulJ y SI.t 1 e.r U, '" Lhc, Pa'-t.r""'-5hip Aqrc)e'me!nl. ,,,,d '"c:hcnjuI E"., dt1.dr~""d UHcn'tl,. '1 hC'c'17' clnr,UiCl1 f'ec,5 '01"1,,\11 nut be c:um,.tJdt:i,'.'c', '<lid ",1'",,11. tiE' p.:.y,"bIe' Dilly to the ",;.,tent ,or """h -flow in "ny 'I""'" t,;c.'Jnq dVdi l"tJ1 Q (01" (Ji <;tr',bw" t,jDn ;..,ff:cl" {:he I:>.mitf'''d partncl-" !', ,', v,",' '\"CI."'/(",1 "In I",ell.'.d .1;/,:".00 Pr'io'-it}' dl"'trjbui:lcJI1 cm ." l.UII",i!al.l'lC> t,,,,,,:; s, 1" ddrJiti,or', Lhe +",e5 P"y,'\b1. f, j,n ."1'oy (;)"',' f'''C:i:{j yr'i" ',"'1",11 or, "Ci [''11''''11 he' :r'; """;:'~",5 o.f fl ity 1""1' 1.;(.",1. 1:"(';;; of 'I1l!:' Clmounl:, paYilblc', tD U1C' ["'-'It'" nEw'sh; p ""'. ,-..,t:un, on i. I:;,,; i"ve"tnlC",t ..,,; pr ('V; Lie-d L1ncjc'", : !'i' I',' h"ICi DevelOpment Actic,n G'-oint Agr'ecm""t "!'1<:umbQr'incJ tt>" proPQrty, anrj ,,;h,'1l1 be 1",,\11:1 Cln1y irun, "'Ul:h [,wc,'lvf.C' p"rl:ent <.1.2%) rE'''-.''11 On i nVl-:2s.'lment. S12f:'3.. 90t5: C I T Y COM MIS S ION DOC U MEN TAT ION TO: WALTER O. BARRY, CITY MANAGER ~~~ : FRANK R. SPENCE, DIRECTOR (\~~f ~E= GROUP ~ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF MAY 23, 1989 AUBURN TRACE SITE AND DEVELOPMENT PLAN ACTION REQUESTED OF THE COMMISSION: As of the writing of this documentation, there specific action requested of the Commission. this item is before the Commission as a status of the site plan, platting, and permitting. is no Thus, report BACKGROUND: Previously the site and development plan for this project was before the City Commission. Because of the number of conditions affixed to the recommendation from the Planning and Zoning Board, the Commission declined to act on the site plan and deferred such action until the final plat was before it. A revised site plan was provided with the project's preliminary plat submittal. A "fast-track" schedule targeted this meeting date as a time when action might be sought in order to break ground. It now appears that such action is not necessary. During a review session on May 17th, City and project representatives met and it appears that a June 13th City Commission a9tion date is acceptable and appropriate. ~~~~~~r~ -lw.~ n...,ow, ~ cI8.. ....." "'. ~ ,.,...t_ Attached is a critique of the revised site plan and the preliminary plat submission. Remaining areas of concern are highlighted at the beginning of the report. The project has expeditiously obtained water and sewer system permits from HRS and approval of the drainage system from SFWMD. With these major items taken care of, any remaining items are resolved between the City (or its agencies) and the developer. If events subsequent information at the events, will be HUD/City/developer meeting on Thursday, or require action of Commission additional provided at the meeting. Attachment: - site plan critique - site plan provided separately COMPILATION, ANALYSIS, AND SUMMARY OF THE PRELIMINARY PLAT AND REVISED SITE PLAN SUBMISSION FOR AUBURN TRACE DATE OF PREPARATION OF COMMENTS: MAY 19, 1989 PREPARED BY: DAVID J. KOVACS, DIRECTOR OF PLANNING & ZONING Purpose of submission: The revised site plan and landscaping plan were required due to several deficiencies with a previous submission which was recommended for approval with numerous comments. The preliminary plat is the current step in the review process. It was anticipated that the submission would be considered adequate for final plat action; however, that is not the case. Status of review: The information contained herein will be provided to the City Commission for informational purposes on May 23, 1989. It will be formally considered at a special meeting of the Planning and Zoning Board on June 9th. A final plat may be considered by that Board on June 19th with final action by the City Commission on June 27th. It is unlikely that final plat action by the City Commission would be feasible on June 13th. Summary: Normally, the major hurdles to obtaining timely action on a plat is the gaining of approval for drainage (SFWMD) and water and sewer (HRS). These items have been secured. Thus, work could begin on these major items. The only major problem, from a design standpoint, is a potential (or apparent) conflict with the site design and FPL utilities which run north/south through the site. Other site design problems which should have more attention and potential redesign include: Change of the sidewalk locations and the entry in order to provide a more functional and safer accessway; Change to the first intersection upon entering the project; reconsideration of the mailbox location and the method for accessing it; Change to the entry to Carver Estates which is to be provided from Auburn Avenue. Many problems exist with respect to the final plat document, inconsistencies among the various plan documents, and previouSly questioned matters for which responses or details have not been provided. Some of these include: Plat items: all properties have not been described; this includes property yet to be conveyed by the Ci ty and rights-of-way which are to be abandoned; the description and dedication statements need to be revised per the City's standard format; -~, Other: no equipment is shown in tot lots; no landscaping is proposed (other than street trees) for the 5.5 acre dry retention area in the southwest; information pertaining to security lighting has not been provided; details pertaining to the security system for the emergency gate in the northeast has not been provided; the street lighting plan has not been provided; approvals accessway provided; from the Housing Authority regarding new and obtaining right-of-way have not been details screening perimeter of the planting and alternative landscaping. program plan with for the respect special to the Waivers: only one waiver request is known at present, this is for a sidewalk on the east side of Auburn Avenue -- this request is reasonable since the west side abuts Carver Middle School fields (fenced area) and the large dry retention area. Compilation of review comments: to be provided separately REF/DJK#45/TRACE.TXT CITY ATTORNEY'S OFFICf , " I TEL No. 407 278 755 May 19.89 12:06 P.02 " " II 11 '[ I' I II INTERLOCAL CODE ENFORCEMENT AGREEMENT llIlTW!!N PALM llllACH COUNTY AND THll CITY OF DURAY BEACH I ,I 'tillS AGREl::I1ENT I made and antared lnto thls day of , I! 1989, by and between the City of Oelray Beach, Florlda, hereinafter : I referred to 8$ the "City", 8 Florlda munlclpal corporation, and Palm .. 'I' Baach County, here1nafter referred to 8$ "County" II pol1t1c8l subdlv1e1on : of the Stata of Flor1da, pursuant to 1"10rld8 Statute. Sectlon 163, Part I 'i 1, Florida Interlocal Cooperation Act of 1969, and Home Rule Powers, and I the respective Charter. of both tha Clty and the County. I I , I , WIT N ! SSE T HI WHEREAS. Florida Statutes, Sectlon 163.01 allows goverlllllental units to enter lnto 1ntergovernmental agr.emants to make the most efficient use of their powers by enabling them to cooperate wlth each other on a ba.is of mutual advantagal and WHERVtS, there currently exilt areae infect.d with slum and llUahted l;ondltions running along the North Federal Highway con1dor adjacent to the Northern boundary ot the City of Oelrey Beach; and , i' WHEJ.!AS. such land lying i_ediately North of the CitY'1i boundarils is ,I Within the jurisdictlon of the County; and " WHEREAS. both the City and County acknowledge the benefits of increased II Code Enforcelllent e!torts for the furtherance of the revltalization of :1 North Federal Highway corridor I .nd I WHEREAS. it 1. in the jolnt 1nter..ta of the City, County and their I citizens to .ngaga in a hl,her level of code enforcement in the area of i the North Yederel Highway corridor/and WHEREAS. the Clty Cod. Enforcem.nt Department has more Code Enforcement Officers than doe. the County to effectively enforce and monitor County codea :l.n the portion of the North Federal H11hway conldor withln the jurisdiction of the County. I II NOW THEREFORE. I alree.ente. and II I' 1. il 'I II II II , II for anll in raetUction.. cone1derat:l.on of the mutual covenant., ARTICLE I - IN GENERAL nle County expreuly delecatu to the Code Enforcement Div18ion of the City the author1ty to enforce County Colles anll Orlllnancas pertain inS to building. houaing. garbaae. overirowth. abandonall vehicle.. loning and any oth.r codes currently within ths scope of authorlty of the County Colle Bnforcemene Daparemant in the ar.a more particularly described as followSI All remainin, un:l.ncorporat.d County araae along North 'ed.ral Highway to the Northerly border of the Clty, legally ducribedaa ll&1u)' Ileach E'tat... lot. 1 throush '/ front portion of lot 9 bordering on Not'th r.defa!' Hilrh".v. 1",... "....._""'1...... 10. . _.._ CITY ATTORNEY'S OFFICE , i II I I I I ,I 'I II 1/ !/' I ' , I II Ii " ;1 I il " , :1 ,I '\ TEL No. 407 278 "55 May 19,89 12:07 P.03 " !: :1 3. ,I :1 ,I I .i The County Code Enforcement Director or other statutory deSignated County elllployee (a) .hdl be the f1nal authori ty on the val1dity, proc..sini and proa.cution of uncOl:'rected ViolaHons. Ho....ver, the Clty Code llnforcement Admini,trator shall admin1ster the day to day control. supervision and decieion mek1ng for Code Enforcement activities undertaken under th1s Agreement end will serve as the lleieon bet...e.n the C1ty and Countr. :! 'i ARTICLE II - RESPONSIBILITIES OF THE COUNTY Ii 4 I . ~ I I, :1 Ii !/ ; ~ , II II :, II 'I 'I Ii :/ Ii 'I II t: !I I I I , , The County Code Enforc.ment Dir.ctor shall: A. Prov1de forms, procedural atatements, and applicabl. County Codes of Ordinances, tax record informat10n, etc. to the City of Cod. Enforcement Div1sion in oTdeT that such Div1s10n mar conduct lnspections and prepare violation notlces, etc. B. Effect serv1ce of proce.s on all.ged violators. maintain violation fUes, .chedule cues for the County Code Enforcement Board .nd prepare any and all paperwork and le,al notic.. for the Code Enforcem.nt BOard (n 18 Currentlr done), abate nu1sanca, demoli.h buildinl', etc. C. Not1!y the C1ty of County Cod. Entoreemellt Board hearing dates. t1me. and loc.t10n at which City Code Ilnforcem.nt Officers are to appear to offer sworn te.tilllony. D. Fund enforc.ment of Lot Cle.ring R.gulation., towin, ot vehiel.. pursuant to Abandon.d Vehicle a.moval procedur... removal of un.at. structur.., etc. for the Coet re.ulting frOIll aCt1V1t1.. und.rtaken pur.uant to thie aireement. I I I S. ARTICLE III . RESPO~SIBILITIES OF THE CITY E<:fu1pment and vehicl.. n.c...ny to perfot'lll in.pections uncler this a,reelllent ehall be furniSh.d'by tha City. In addition: A. The CHy .h.n haVe all financial re'ponsibiliti.. for the C1ty Code Enforcelll.nt .tafl. wbo will remain employe.. of the C1ty, cond\lctinl insplction. p~r.~ant to this Alr..m.nt. Thl C1ty shall compensate all of 1t. '.ploYI" ~onduct1n8 lnepect10niJ punuant to thie Alre.ment dur1ng the t1me of such 1nspection Ind .hall defray the actual travel and maintenance exp.ns.. of '\l~h employeU whU. they are conducting .uch in.plcUOD.. Such compensation .hall include any ImOUIlU pdd or clue for compen8lt1on due to per.onnel injury or death while euch employee. are en,.gad ln p.rform1na euch in'pa~tion.. Such comp.neaC10n .hlll also 1ncl~d. all benef1t. normally du. .UCh...ploy.... 8. All pr1vlle'&8 and 11111l1Un1t1.. frolll l1ablllty, all e"emptiona frOlll ordillancll!' alld tUl.., and.ll pen.lon, 1n&uran~e, reltal. d1.ab1l1ty, work.r.' , comp.nsat10n, salary, death. and oth.r b.nefits wh1ch apply to the a~Civity of ,uch off1c.rs, ag.nt., or employe.. of any .uch Is.ncy wh.n p.rform1na th.ir re.pect1ve function. w1thln the territorial llm1t. of th.ir re.,ect1ve asenciee shall apply to them to Chi .&IlI. degra.. llIaoner, and e"tent whUe enga,ed in the pertol'llaftc. of any of their functione and duti.. e"Crat.rr1torially undar the provi.ion. of tht. A,r.elllent. the prOV1.lon. of thie Agreem'nt .hall apply with equal eff'ct to paid. volunt..r. and euxi1iary ..ploy.... 2 CITY ATTORNEY'S OFFICE ii , , II :1 :1 , ,! ji :1 I' ,I II I ,I 9. " I' ,I 'I !/ I, 10. I: " :1 :111. 'I I. it Ij I I i cauaad these pruent. to be executed by the Che1rman of the Board of , . i County Comm1e.10n.r. of Palm B.ach County, Florida, and the seal of said 'I II Board to be atttxed hereto and atUned by the Clerk of the said Board, 11 pureuant to authorlty granted by ea1d Board, and the City of Delray has I: cauled the.. pre..nts to be .x.cut.d by their Chairperson or Mayor II pursuant to author1ty granted by its lov.rn1nl bodle,. Ii " ]1 J ATTEST: : I ~. !' ! II' ! q " " ,! :1 :1 I II 'I j 'I i 7 , . I I :1 II " " I I, 8. TEL No. 407 278 55 May 19,89 12:08 P.04 C. conduct all activlt1u under this Aarulllent in a profe.sional mannar. 6. The party havlng financial rupone1b:l.l1t1es for the providing of .arvlcas, personnel, equipment, or facl1iti.s pursuant to the provieion of thls Aireement ehal1 b.ar any loss of damage to same and ehall pay any and all expen.e. lncurred in the maintenance and operation of same. . LIABILITY ow To the extent permitted by, la..., the "County" and the "City" shaH each defend and indemnlfy the other party 88 to ita own ne8l1gence and the negligence of thelr respective employees, Nothing herdo shall be deemed to walve any illllllunities granted pursuant to Section 768.28, Flor1da Statute. (1987). CANC!LLAIION - As. and it, propertles included in Article I, above, become ann.xed lnto the Clty of Oelray Beach, such propertles shall be deleted from this Agreement and be subject to Clty Code of Ordlnances requiremente. This'Agree~ent may b. cancelled by elther party upon slxty (60) days notice to the other party. Cancellat10n wll1 be at the discret10n of the ch1ef executive off1cer. of the parties hereto, or their deaigneea; or the Agreement may be cancelled by the govemini body of the "City" or the "county". DISPUTts w Any d18putu ruult1ng hem the activitin undertaken under thi. Alreement .hlll be r..olved between the C1ty Code Entorcl..ant Adm1nistrator .end the County Code Enforcement Dlrector. D1.putes whlch cannot be r..olv.d between the aforementioned plrtles shall be referred to the aforementioned lndiv1duals' super10rs. , EFFECTIVI OAT! w Thl' Alreement Will taka eff'ct upon Commhdonen of the "City" ancl "County" and shall effect unt1l cancell.d a'prov1ded herein. approval of the remain 1n full LITIGATION IXPINS!S w Any co.ee or expanus (1nclud1ng relulonab1e attorney', hes) a..oc1ated with litigation cOnCtrnlns the term. or condition, of thit Agre.ment shall be borne by the non-prevail1ng party, provUecl hoWevtr, that thi. cllun pertdns only to the part1es to thi, Aarelment. ...... IN WITNESS WHERBOF. the. County of Palm Beach, 1"lorlda, has PALM BEACH COlTNTY, FLORIDA BY ItS llOARD OF COUNTY COMMISSIONERS Clerk By; Chairp.non APPROVED AS TO FORM . i AND LBGAL SUFFICIENCY I " 3 county Attorn.y, CITY ATTORNEY'S OFFICE TEL No. , . " 'I " ! 'I ATTEST I ,! II " " " .' Clerk :! :i " ,I i' APPROVED AS TO FORM , , AND LEGAL SUFFICIENCY I !I !I ,I Citr Attorney d :1 II I! !OELMY INTERLOCAL AGREEMENT) II " ,I II I, i/ , :! Ii II I II , II :1 II , I , , i 'I I, 'I 11 ,I , 407 27'8 35 May 19,89 12:08 P.05 CITY OF DELRAY BEACH, FLORIDA By: Mayor 4 / / ,((, l.A/l./a1n( c. / (., (1:; CITY DF DtElRAY BER[~~ 17 CITY ATTORNEY'S OFFICE 310 S.L hi sTln:rT. StTfl ~ DI"[ IU\' !ll,$'II.I'I.()]{[$,\ 334"3 4f!7i~4,;'~II'I11 IIIH'I)I'II i{ ":'17 '~~''''-l7_~~ MEMORANDUM Date: February 15, 1989 <r',.. 'u. Doak Campbell, Mayor F.com: Ilerbert W. A. Thiele, City Attorney Subject: FOLLOW-UP TO DISCUSSION CONCERNING LEGISLATION PERTAINING TO CITATIONS FOR CODE VIOLATIONS As a fOllow-up to our recent conversation, the City Attorney's Office has done further research on the subject of endeavoring to have a special act adopted for Palm Beach County or the City of Delray Beach in particular which would allow enforcement of the garbage and trash regulations, and water and sewer regulations, at a minimum by our Code Enforcement officers and which would authorize the enactment of Municipal or County Ordinances establiShing procedures to implement that type of enforcement action. A similar procedure is utilized in Brevard County by a special act adopted in 1986. It would be our recommendation that we enact a special act for the Ci ty or Palm Beach County that would allow the Board of County Commissioners or the City Commission to designate certain of its employees to act as Code Enforcement Officers under this special act. These Code Enforcement Officers would be designated as Enforcement Officers to enforce certain provisions of our Code of Ordinances. The manner by which such ordinances would be enforced would be through the issuance of non-criminal infraction citations for violations of these particular sections. The citation would be based upon the personal investigation of the officer and a finding that the officer had reasonable and probable ground to believe that a violation of these chapters had occurred. Any person cited for such a violation would be deemed to be charged with a non-criminal infraction and cited to appear in County court. The person so cited for an infraction under this law could either post a bond, sign and accept the citation Doak Campbell, Mayor February 15, 1989 Page 2 i'1dicating a p.,omise to appear, or to pay a Civil penalty within ten (10) days of the dat.e of receiving the citation (or to forfeit the bond if they do not appear). The Civil penalties required for City Commission and would not provided elsewhere in the Code of this act would be set by the exceed the Civil penalties Ordinances. 'I'he legislation would also contain provisions stating that it did not authorize or permi': such Code Enforcement Officers to perform any functions of a Law Enforcement Officer. Further, such Code Enforcement Officers would not be permitted to make physica.l arrests or take any persons into custody. This information is sUpplied to you then for your further consideration in light of Oil!" ongoing interest in bettering the City's code enforcement procedures and policies. If you or any members of the City Commission have any interest in pursuing this further, perhaps this matter can be scheduled for an upcoming City Commission Workshop session to provide authorization and direction to the City Attorney's Office to draft any necessary legislation or documents. In the interim if you have questions concerning this issue, please contact me personally. ~ cc: City Commission Walter O. Barry, City Manager ! I l .1 , i i I < I 100 N,W. 1st AVENUE if; [ITY DF DELRAY BEA[H ;,.-, .....j;.'.- DELRAY BEACH. FLORIDA 33444 305/243.7000 February 10, 1989 Mr. Loren Sheffer, Chairman North Federal Highway Task Force c/o Borton Volvo 2201 N. Federal Highway Delray Beach, FL 33444 Dear Loren: In response to your request, please find attached a detailed analysis and summary of the City's Code Enforcement activities in the North Federal Hwy area. As you can see, virtually every single property has existing violations. The volume and extent of violations noted are as a result of the City's joint inter-departmental task force hitting this area. As you can also see, we consider the results to be extremely impressive as well as effective. We know that we could do an equally effective job in the unincorporated areas of the County along North Federal Highway at such time as we are able to finalize either an interlocal agreement with Palm Beach County or some other type of contractual arrangement which would permit the City's inspection personnel to enforce the County's various codes. Discussions are continuing on this matter, and only this morning, Richard Bauer, Code Enforcement Administrator, and I met with the City Attorney, Herb Thiele, to discuss the legal possibilities and ramifications of such an arrangement. I will keep you apprised of progress in this area. If I can be of any further assistance, do not hesitate to let me know. Sincerely, ~ FRS:DQ Frank R. Spence - Director Development Services Attachment cc: Walter O. Barry, City Manager Richard Bauer, Code Enf. Admin. Marty McCarty, City Commissioner Ron Howard, County Commissioner A:NFedHwy THE EFFORT ALWAYS MATTERS J j MEMORANDUM ~ TO: RICHARD BAUER -;QQpE ENrOR~T AD~NISTRATOR ~>> SPENCE - DIRECTOR, EVELQPMENT SERVICES FROM: FRANK R. SUBJECT: INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR CODE ENFORCEMENT ALONG N5RTH-~ERAL-HIGHWAY --- ----- DATE: JANUARY 27, 1989 This will confirm my verbal direction to you as well as the desire of the City Manager that you pursue with the Code Enforcement Division of Palm Beach County to develop an inter local agreement between the City of Delray Beach and Palm Beach County which would permit the City's Code Enforcement Division to enforce the County's codes in the unincorporated area lying north of and intertwined with property within the City along North Federal Highway to Gulfstream Boulevard. This has been an area of grave concern to the residences and businesses of that area in regard to violations associated with illegal parking in the area of the flea market as well as substandard housing and undesirable activities around the adult book store which have not been corrected. It is our opinion inasmuch as the City has more code enforcement officers (12) than the County (8) for all of Palm Beach County that we can give concerted enforcement efforts to this problem area. Please feel free to call upon me or the City Attorney's office or anyone else you might need to assist you in developing such an interlocal agreement. FRS:DQ cc: Walter O. Barry, City Manager Lula Butler, Director, Comm. Improvement Ron Howard, County Commissioner Mary McCarty, Commissioner Lauren Sheffer, No. Fed. Hwy Task Force c/o Borton Volvo A:Agreemnt.PBC l 1 ,'''\ -.... MEMORANDUM TO: Walter O. Barry City Manager FROM: John W. Elliott, Jr. Assistant City Manager-Management Services SUBJECT: CITY COMMISSION DOCUMENTATION - MEETING OF MAY 23, 1989 _ APPROVAL OF REQUEST FOR SUMMER HIRE A YOUTH PROGRAM May 11, 1989 DATE: Item Before Commission. The action requested of the City Commission is appro- val of the Summer Hire a Youth Program, with funding in the amount of $15,000 to come from the Contingency Reserve for Unallocated Salary Adjustments. BackRround Information. The City Commission initiated the Summer Hire a Youth Program three years ago. The Summer Hire a Youth Program was established to provide City Funded job opportunities for youth of Delray Beach to familiarize them with the job ,market and to provide needed job, skill training. We again propose to hire approximately 12 youths between the ages of 16 and 21 for apprOXimately seven weeks. The work week will consist of 40 hours at the rate of $4.25 per hour. This is a program for Delray Beach residents only. Pre-screening Is conducted by Florida Job Services. Alternative Actions. 1. Approve the programs and funding as presented. 2. Approve the programs and funding with changes. 3. Defer action for future discussion. Recommendation. The Assistant City Manager-Management Services and the Personnel/Labor Rela- tions Director recommend approval of the Summer Hire a Youth Program in the amount 15,000, funding to come from the Contingency Reserve. \ i \9 . MEMOIlANDUM .' TO: John W. Elliott, Jr. Assistant City Manager-Management Services ~arty Ritchason Personnel/Labor Relations Director FROM: SUBJECT: REQUEST FOR APPROVAL OF SUMMER YOUTH PROGRAM THROUGH JOB SERVICES OF FLORIDA DATE: May 8, 1989 The following recommendation is being made to approve the Summer Youth Employ- ment Program in conjunction with Job Services of Florida: Program Objective: To provide job opportunities for youth which familiarize them with the job market, provide skill training, pro- vide training on good work habits and job seeking skills, and to complete needed City-wide seasonal pro- jects. Program will provide meanlngful employment ex- perience with a tangible outcome whlch will be benefi- cial to the City and to the participants. Program Duration: 7 weeks during the summer months Participant Ages: 16 years to 21 years old Number of Participants Twelve (12) requests based upon anticipated departmental Work Week: Not to exceed 40 hours per week Hourly Rate: $4.25 per hour ReSidency: Delray Beach residents only Other Eligibility Requirements: None Restrictions: 18 years and older to operate power equipment Pre-Screening & Selection: Pre-screening will be conducted by the Florida Job vice; Department Heads will conduct interviews and selections with the City Manager's approval. Ser- make Recommended Funding: $15,000 - Contingency-Reserve for Unallocated Salary Adjustments. Positions: Based upon past placement through the Summer Youth Pro- gram, we anticipate utilizing the participants in Cleri- cal, Recreational, Maintenance and other related positions. Placement within City departments will be based upon departmental requests which will be revlewed and selectively authorized by the City Manager. \ . I [Iry DF DElAAY BEA[H J,'i "\ " :: " ~.' :: :';.:;'_"<'::'v 8:::A(;rl o-I_:JHIDA 33444 Ins 243 700f) MEMORANDUM TO: Walter O. Barry, City Manager FROM: John W. Elliott, Jr., Management Services Assistant ~/ DATE: May 16. 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ MAY 23, 1989 - APPROVAL OF PRIVATE INDUSTRY COUNCIL (PIC) AGREEMENT Item Before City Commission: City Commission is requested to approve an Agreement between the City and the Private Industry Council author1zing the City of Delray Beach to be used as a work site for youths, who are Palm Beach County res1dents, between the ages of 16-21. These job opportun1ties are funded by the Private Industry Council to provide skill training and training on good work habits, wh1le providing a meaningful employment experience which is also benef1cial to the City. Background: The City has sponsored work sites for the last several years. The program is opened living in Palm Beach County and is funded Counc i1. Private Industry Council for the to economically eligible youths solely by the Pr1vate Industry The City Attorney has recommended the following language be added to the Agreement: "The employer retains the right to term1nate the services of any part1cipant at the sole discretion of the part1cipants supervisor. pants are working for the employer on an at-w1ll basis and may be with or w1thout cause." program Partici- dismissed "The Private Industry Council shall defend, indemnify, and hold harmless the employer from and against any cla1m, suit, action, damages, or other legal proceedings which may be caused by the part1cipant's involvement in the program and which arise out of the participat10n in the Summer Youth Employ- ment Train1ng Program for 1989." The City's request to add that language to l8st year's contract was deemed not acceptable by PIC and the City Manager s1gned last year's contract without that language. Each year, the request for the add1tional modifica- tions is made by the City Attorney and each year it has been denied by PIC. The contract has 8lways been accepted by the City. Recommendation: Staff recommends Commission approval 8nd upon such approval, th1s agreement be s1gned by the City Manager. JWE:sk attachment ~ THE EFFORT ALWAYS MATTERS fi j , i I i , ! I MEMORANDUM TO: Walter O. Barry City Manager THRU: John W. Elliott, Jr. Assistant City Manager-Management ~Marty Ritchason Personnel/Labor Relations Director service~ FROM: DATE: May 8. 1989 The following recommendation is being made to approve the contract between the City of Delray Beach and the Private Industry Council (PIC): Program Objective: To provide job opportunities funded by the Private In- dustry Council for youth within Palm Beach County, which familiarize them with the job market. provide skill training, provide training on good work habits and job seeking skills, and to complete needed CitY-Wide seasonal projects. Program will provide meaningful employment experience with a tangible outcome which will be beneficial to the City and to the participants. Program Duration: 8 weeks during the summer months Number of Participants: departmental Twelve (12) to fifteen (15). requests based upon anticipated Participant Ages: 16 years to 21 years old / Work Week: Not to exceed 40 hours per week Compensation: Private Industry Council will compensate each partici- pant as provided in the contract. Funding: Participants will Industry Council. quired. be paid directly by the Private No funding from the City will be re- Residency/ Restrictions: Participants must reside within Palm Beach County. ticipants must be certified economically eligible advantaged) by PIC. Par- (dis- Please Note the Following: A decision needs to be made concerning whether or not the PIC contract should be signed without the additional language the City Attorney (see attached memorandum) has recommended: "The employer retains the right to terminate the services of any program parti- cipant at the sole discretion of the participants supervisor. Participants are 1 i 1 \ Page Two working for the employer on an at-will basis and may be dismissed with or with- out cause." "The Private Industry Council shall defend, indemnify, and hold harmless the employer from and against any claim. suit, action, damages. or other legal pro- ceeding which may be caused by the participant's involvement in the program and which arise out of the participation in the Summer Youth Employment Training Program for 1989." The City's request to add that language to last year's contract was deemed not acceptable by Kenneth Montgomery, Director of PIC, and the City Manager signed last year's contract without that language. Each year, the request for the ad- ditional modifications is made by the City Attorney and each year it has been denied by PIC, however. the contract has always then been accepted and the Pro- gram gets underway. I ~' , j I I ~ - - CITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE ; llJ S,I. 1-.: S IRI I I ,I.,,; .',,; ,,' 'dll l ! . 01, I" .' ':\; .1(11/,'-1,:,""'" dO;' ,', I_ r"e"1oranclUI!1 Datp.: Mny 4. 1989 To: '4U'tY.fBAb.llillt~"'"OAI)~Labor.. Relatinn!l J)frectnr Pntsy Fox, Personnel Specialist From: Herbert W.A. Thiele, Esq. SUbject: Review of Response by Private Industr'! Council Concerninr- Requested Changfls in Work Site Agreement This memorandum is in response to your handwritten note of April 19, 1989 which requested our further review of the Private Industry Council Work Site Agreement in light of the letter to Marty of April 18, 1989. At this point our suggested changes are something which the City Adminis- tration an!! City Commission needs to consider as a policy matter, rather than as a legal :ii!~tter for inclusion. If we do not wish to make the modifications we had suggested, then the agreement would need to be placed on the City Commission for approval. If we do wish to have these changes and the Private Induatry Council is unwilling to make them, then perhaps we should also schedule it for City Commission consideration with a recommp.nclation that we reject the contract and so notify the PIC. If you would like any additional information, please contact the City Attorney's Office. ~ci cc Walter O. Barry, City Manager John Elliott, Assistant City Manager I I 1 , I .' ~ 1>, , r , , I , I , , ; , I i I j ! Ag!:"eemem: No. WORK SITE AGREEMENT FOR WORK EXPERI~NCE 1989 SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM This Agreement is made for provision of Work Experience for the 1989 Summer Youth Employment and'Training Program under Title II-B of the Job Training Partnership Act (the "Act") between the Palm Beach County Private Industry Council, Inc. (the "Private Industry Council"), of 324 Datura Street, Suite 400, West Palm Beach, Florida 33401 (305) 659-5213 and (the"Employer" ) Address: IRS No. Description of Organization: I. TERM: The term of this Agreement shall be from , 1989 through , 1989; provided, that the Private Industry Council may earlier terminate this Agreement by so notifying the Employer in writing. II. EMPLOYER REPRESENTATIONS: The Employer represents that (I) it is a private or public non-profit agency, and (2) is capable of providing Work Experience in accordance 'with the t~rms of this Agreement. III. SERVICES TO BE PROVIDED: The Employer will provide Work Experience in accordance with the terms and conditions of this Agreement, in the numbers and for the occupations described in the Outline of Skills to Be Acquired and Description of Worksites attached hereto and incorporated herein. A. Referral and Selection 1. The Private I~dustry Council,directly or through the Job Service of Florida, shall refer to the Employer for each position, one or more individuals, if available, certified as eligible for participation hereunder. Such referral activities shall continue throughout the term of this Agreement, in order to assure to the greatest extent possible the filling of all positions. 2. The employer shall select individuals from among those referred, notifying the Private Industry Council on the form provided for this purpose, and retaining a copy of such form for each selected individual (hereinafter referred to as a "participant"). 1 I , , , j , , , ! , , , I , I . ~ , 1 , , j , I , D. orientation/pre-employment Skills Training 1. Prior to commencing employment, each participant shall take part in two week orientation and Pre-employment Skills Training Program conducted by the Palm Beach County Private Industry Council. During this program, each participant shall be provided appropriate employability skills trai~ing and orientation in the Work Experience program. C. Employment 1. Participants shall be provided positions under conditions designed to result in the participant's sUccessful attainment of entry level skills and work habits required of such position or occupation as set forth in the attached Outline of Skills to Be Acquired. 2. Each position shall provide meaningful employment experience, with a tangible outcome and benefits to the employer, the community or others. J. Each participant shall work under the guidance of a supervisor, pursuant to a weekly work plan written by such supervisor. 4. Employment shall be conducted at worksites designated on the attached Outline of Skills to Be Provided and Description of Worksites. 5. Supervisors shall ensure that participants are provided adequate equipment and supplies for their assigned work. 6. Participants shall be scheduled to work the number of hours set forth in Part I above, and shall not be permitted to work in excess of the number of hours scheduled. No participant shall be permitted to work (1) more than forty (40) hours per week, (2) more than a total of three hundred twenty (320) hours, (3) before May 1, 1989 or (4) after September 15, '1989. 7. All employment and training activities hereunder shall be conducted in accordance with the conditions set forth in the attached Assurances and Certifications and with applicable law. 2 I f ! i , , : r i ; j , I: D. Training 1. The Employer shall provide each participant with meaningful, well-supervised job training consistent with the duties and responsibilities of the job position, and designed to ensure successful attainment of entry level skills and work habits required of such position or occupation as set forth in the attached Outline of Skills to Be Acquired. 2. Such training shall include an orientation to the organization and work station, including but not limited to the Employer I s pol ic ies and procedures, work schedu I es, break schedules, lunch periods, days off, and hours expected to be at work. E. Supervision 1. Employment and training hereunder shall be provided through qualified supervisors, who shall be (1) regular employees of the Employer, (2) experienced in the work to be performed by each participant supervised, and (3) determined by the Employer to be appropriate to supervise such participants. 2. The Private Industry Council shall make appropriate arrangements for orientation and instruction of supervisors, employing Supervisor's GuideboOks to be provided by the Private Industry Council. Employers, the employer's sUpervisors and. participants will be provided with a manual outlining the policies and procedures to be followed during the program. 3. The Employer shall maintain a ratio of one (1) supervisor to a maximum of ten (10) participants, including provision of a back-up supervisor during the absence of any supervisor. 4. Each supervisor shall review the performance of each of his/her participants every two' weeks during the term of this Agreement, employing formes) for the purpose provided by the Private Industry Council, shall review such evaluations with each participant, and shall submit such evaluations to the Private Industry Council, retaining copies with this Agreement. IV. COMPENSATION 1. The Private Industry Council shall compensate each participant at the rate of $4.00 per hour for hours worked during each two-week pay period, upon receipt of proper documentation as specified below. In no event shall JTPA funds be used to compensate a participant for hours in 3 / J/'" $ I t . . i t I . . 1 , . ! excess of those provided for such participant under Part III of this Agreement. Total payments to a participant hereunder shall not exceed ONE THOUSAND NINE HUNDRED TI~ENTY DOLLARS ($1,920.00). 2. The Private Industry Council shall provide workers compensation coverage and make applicable FICA and federal income tax withholding payments for all participants engaged in Work Experience under this Agreement. V. TIME AND ATTENDANCE RECORDKEEPING 1. The Employer will keep accurate time and attendance records for each participant, employing the SYETP Time and Attendance Record provided by the Private Industry Council. The Employer shall have the respective supervisor and participant sign such Record daily. At the end of each two-week pay period, the Employer shall have the supervisor and participant sign and attest to the accuracy of such Record and shall promptly sUbmit it to the Private Industry Council, maintaining a copy of each Record submitted. 2. The Employer certifies that (1) it will only record actual hours worked by partiCipants; (2) it will require each participant to sign in and out, employing the SYETP Time and Attendance Record; (3) it will not permit participants to sim~~taneously sign in and sign out. 3. No SYETP Time and Attendance Records shall be submitted by the Employer to the Private Industry Council for any individual who has not been referred and certified as eligible for participation hereunder by the Private Industry Council and selected by the Employer in accordance with Part III, and the Employer shall bear full responsibility for payment for any hours worked by any such indiVidual. VI. EVALUATIONS AND,MONITORING: The Employer will fully cooperate in the evaluation and monitoring of activities under this Agreement by the Private Industry Council, the State of Florida Department of Labor and Employment Security, the U.S. Department of Labor, and any other unit of local, state, or federal government. VII. ASSURANCES AND CERTIFICATIONS: The Employer will comply with the attached Assurances and Certifications, which are attached hereto and made a part hereof, and will retain a copy of this Agreement at each worksite. Each 4 I , supervisor shall read and acknowledge understanding of the terms of this Agreement in the space provided below. EMPLOYER (Q.. m.) PRIVATE INDUSTRY .COUNCIL Authorized Signature Authorized Signature Title Title Date Date I certify that I have read this Agreement and understand its terms. WORKSITE SUPERVISORS DATE --.. .....~ 5 .. WORK EXPERIENCE ASSURANCES AND CERTIFICATIONS The Employer assures and certifies that it will comply with the provisions of the Job Training Partnership Act (P.L. 97-300) (the "Act") and regulations and policies promulgated thereunder, as such Act, regulations, and policies may be amended from time to time, and with applicable laws with respect to political activities, private-for-profit employment activities, nepotism, conflict of interest, fund raising, political patronage, and lobbying activities. The Employer further assures and certifies as follows: 1. Employment and training provided to participants hereunder will conform to the job description and the duties to be performed as set forth in the Outline of Skills to be Acquired. 2. Conditions of employment and training hereunder will be appropriate and reasonable with respect to the type of work, tl1e_..qeo.q.r.aphical region, and the proficiency of the participant. 3. Health and safety standards established under state and federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of participants. ~-'-. 4. Exc~pt as may otherwise be provided in this Agreement, all partiCipants shall be provided benefits and working conditions at the same level and to the same extent as other employees working a similar length of time and doing the same type of work. 5. PartiCipants' activities under this Agreement will be conducted in compliance with the child labor provisions of the Fair Labor Standards Act and other applicable laws. 6. Employment under this Agreement will not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of federal funds for other funds in connection with work that Would otherwise be performed. 7. No participant will be employed or jOb opening filled when any other individual is on laYoff from the same or any sUbstantially equivalent job, or when the employer has terminated the employment of any regular employee or otherwise reduced its workforce with the intention of filling the vacancy so created by hiring a participant under 6 i . , . , I I I I s this Agreement. 8. No position under this Agreement will infringe in any way upon the promotional opportunities of currently employed individuals. 9. None of the funds disbursed under this Aareement will be used to assist, promote, or deter union organizing. 10. No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with this Agreement because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. ll. The employer will afford participants an opportunity to present any grievances or complaints about its activities under this Agreement, in accordance with the Act. 12. Participants shall not be employed in the construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or as a place for religious worship. l3. The Employer will submit such information as may be required by the Private Industry Council and the Florida Department of Employment and Training in assessing the extent to which the'..services provided under this Agreement meet the special needs. of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities. 14. The Employer will provide the U.S. Department of Labor and the Comptroller General of the United States, through any authorized representative, access to and the right to examine all re~ords, books, papers, or documents related to this Agreement for a period of three years from the date of termination of this Agreement. 7 1 I ; " ' WORK EXPERIENCE OUTLINE OF SKILLS TO BE ACQUIRED For each occupation in which employment is provided under this Agreement, describe the following: 1. OCCUPATION: JOB DESCRIPTION: DOT NO, JOB DUTIES: SKILI.S TO BE ACQUIRED 2. OCCUPATION: DOT NO. JOB. DESCRIPTION: JOB DUTIES: SKILI.S TO BE ACQUIRED '-, ~" ), OCCUPATION: DOT NO. .108 DESCRIPTION: JOB DUTIES: SKILI.S TO BE ACQUIRED 4. OCCUPATION: DOT NO. .108 DESCRIPTION: JOB DUTIES: SKILI.S TO BE ACQUIRED 8 ~ 5. OCCUPATION: JOB DESCRIPTION: DOT NO. ,JOB DUTIES: SKILLS TO BE ACQUIRED Skills to be competencies: attitude, emphasizes:] acquired include, the following jOb holding attendance, punctual i ty, dependab il i ty, work initiative, [othe~s your company .......~. -..~ 9 ; j i' : . ! i , . I I ~ .' , i , , '. ! ':-~ii",. ~.., ........, '. ~. '. :'"....... WORK EXPERIE~CE DESCRIPTION OF WORKSITES For each worksite, provide the following information: WORKSITE NO. SUPERVISOR OCCUPATION: - LOCATION title phone no. NO. OF PARTICIPANTS: - WORKSITE NO. LOCATION SUPERVISOR - title OCCUPATION: TOTAL PARTICIPANTS: phone no. NO. OF PARTICIPANTS: - - TOTAL PARTICIPANTS: WORKSITE NO. LOCATION SUPERVISOR - title OCCUPATION: - phone no. NO. OF PARTICIPANTS:_ ....... ~"~ - - TOTAL PARTICIPANTS: WORKSITE NO. LOCATION SUPERVISOR - title OCCUPATION: phone no. NO. OF PARTICIPANTS: - - WORKSITE NO. LOCATION - SUPERVISOR title OCCUPATION: - TOTAL PARTICIPANTS: - phone no. NO. OF PARTICIPANTS:_ TOTAL PARTICIPANTS: TOTAL PARTICIPANTS ALL WORK SITES: - 10 ., ' BOARD APPLICATIONS UPDATED APRIL 12, 1989 DATE APPL APPLICANT BOA BCA CSB CEB CAB CRA DDA DBHA HRC HPB 10/87 RETT TALBOT X 11/87 NORMAN B. RADIN X 11/87 MADELINE PULITANO X 11/87 JEAN BEER A 2 88 SAMUEL M. DeOTO A 4/88 HELENE S. EGELMAN 4/88 MATTHEW GRACEY, JR. A t I - ~ j, - , - 5/88 LORRAINE KASPER X 5/88 HUGH B. GAGE X 5/88 CHRISTINE B. BULL X 5/88 K. WAYNE CAMPBELL X 5/88 CATHERINE G. NEWKERK X 5/88 DAVID B. KLARER A 5/88 EDITH JENNINGS 5/88 JON R. LEVINSON , 5/88 KATHRYNE B. STOKES 6/88 DAVID W. SCHMIDT 6/88 ANITA DEUTSCH Any Board 6/88 SCOTT C. BECHTLE Any Board 6/88 MILDRED SCHERER X 6/88 DESIREE L. SNYDER X 6/88 JEANETTE SLAVIN A 6/88 SANDRA W. ALMY A X X 6/88 MARK L. KRALL X X 6/88 MARY W. HAUSSERMANN X 6/88 CONNIE MACKENZIE X 6/88 LARRY BILLION X 6 88 FRANK A. ROZZO A 6/88 JAY FELNER 6/88 RITA NARON . I BOARDS X = Board applied for A = Appointment to Board c2l ~ c1~ DATE APPL APPLICANT BOA BCA CSB CEB CAB CRA DDA DBHA HRC HPB 6/88 JANE L. MINTER 6/88 LARRY M. SCHNEIDER 7/88 ALICE FINST X A 7/88 MARY BANTING X 7/88 DEBORA T. OSTER X 7/88 LILLIAN FELDMAN X 7/88 DERI JOY RONIS X 7/88 MURRAy SOHMER X X 7/88 SANDRA K. NORTON A Resi 7/88 LEONARD SYROP 8/88 SAM SCHWIMER X 8/88 CAROL FOSTER X 8/88 ROBERT H. MOORE X 8 88 LEONARD B. MITCHELL A 10/88 CHARLES E. TOTH X X A X 10/88 ROBERT P. FERRELL A 12/88 SHARON BUSH X 1189 H. RIC ZAZZI X 3/89 DAVID HENNINGER X X 3/89 DIANE L. DeMARCO X 3/89 DARRELL D. RIPPETEAU 3/89 P. RICHARD BRAUTIGAN X X A X 3/89 ROBERT G. CURRIE X 3/89 RICHARD A. MILDNER A 3/89 JUNE HENLEY X 3/89 THOMAS G. PURDO X 4/89 STANLEY WATSKY X 4/89 WANDA GADSON 4/89 RONALD A. LUSK X 4/89 BETTY I. JANIN X X x = Board applied for A = Appointment to Board CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION May 23, 1989 7 P.M. ADDENDUM 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: 23A. APPOINTMENT OF A MEMBER TO THE Commissioner McCarty's appointment of a term of Bill Andrew ending September 28, PLANNING AND ZONING BOARD: member to fill the unexpired 1990. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME kaJ/'C/JC e.. L' ~n.ccr 730 0697,gCA/A/~ -BLV/) ~ HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) L}c-c:...<.4V 6C#C/-f- R- 33fiS- PRINCIPLE BUSINB'SS STREET "ADDRESS, CITY, ZIP 498- 7661 HOME PHONE 368-0G:<'~ BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING LIST ALL CITY BOARDS ON WHICH YOU ARE CURREN~LY SERVING OR HAVE PREVIOUSLY SERVED (Please 1nclude dates) ~~~ EOUCAT+~AL QUALIFICATIONS E LJ/f-. &cs/,VC-:-SJ ~ :J;;..d:.l~jyll:x.. ~iI~ (/ch :;'l~ l~ :2ffk:[J"fC; .P1';(JlA,/r, Dut-:-<;7P-/l.. Jf.Q.1?1'1VS7~E"" 0,'" ~7 ~~ . " LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. AND POSITION ,I/, ~ r. ~ TI3/1 os.5 DESCRIBE EXPERIENCE~ SKILLS OR ~OWLEOGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. e-a'/-/I"/7 o~ &r.p~r,( &s/..?c~ ~N'Cc.. ~v i!ocf 1u./41tu) ~~/IA'r"- :5/<//~ Go~~ '0;'-:/1 '/0 -&dhC'~;;/~~-jGii" C/S/~~kt~ 'CC55. .N"~4<1/<Z' 4/ ~I<, 'If n 7"111':[ C'F 7?c tr "rtJlt'cr etTlen . / / , v PLEASE ATTACH A BRIEF RESUME. I.HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMllNT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~~ I- &v/ SIGNATURE 2.-3 t!iYt-!..98/J / DATE 2425 NW 15th Street Delray Beach, FL 33445 Hay 10, 1989 Mr. Walter Barry City Hanager City 0% Delray Beach 100 NW 1at Avenue Delray Beach, FL 33444 Dear Mr. Barry, Pleaae accept MY reaignation aa a MeMber 0% the Board 0% AdjuatMent, e%%ective iMMediately. My resignation is occasioned by MY appointMent to the Planning & Zoning Board by the City COMMisaion on Hay 9, 1989. Re~t%UllY yours, /iuc:pr!/~G/ h'~vid B. Klarer , , L. lc2~ L , r t , i ~. -, CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME B~7J-E 6~ ~. ./ HOME STREET ADDRESS, ZIP (LEGAL RESID B-~S- .:;., ~)iJ7Jt ,~'7'I ~-r.\ ~~1~,.y J;l.~"'k:dt. L. ~ PRINCIPLE BUSINESS STRE 4qq ~ qq~ HOME PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~791-7??.g. ,~-r...l~ . .. ';~.' U~INESS PHONE _..........:... ~ !'"'~---~ ~~ Open LIST ALL CITY BOARDS ON WHICH SERVED (Please 1nolude dates) CURRENTLY SERVING OR HAVE PREVIOUSLY EDUCATIONAL QUALIFICATIONS ~S. -~~~ ~?.:2 r;'~-r:~':i~~~::';.1:!:;:ul!i:rr 6L~ . ~ M ~~..~ U~~ y~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. Jlr..vA , ------- G.IVE YOUR ~NT' OR MOST RECENT,EMPLOYER, AND P.OSITION ~~A/~ .:L~. ---V~Jl!~~<~-~~~;:; . C;~~A~:t:xt'y~~~u ~-~"~./.-L ~J~* :::: 1./' ~.. J. KNOWLEDGE HICH QUALIFY fOU TO SERVE ON '. ~.~~~:~ ~~~J ~--"~; n' ./; ~ PLEASE ATTACH A BRIEF RESUME. I.HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICAtION MAY CAUSE FORFEItURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE . ~/~ L:.-~/_ SIGNATURE cfJ~ J~?~J( . \ r. ~ , , I J , ~ ~ ~ :. , ~ JSff- :T/V. ",w. /MN/~. ,1/11. Resume of SCOTT CHARLES BECIITLE Pablo Point 13638 Cardona Drive Jsckeonvllle, FL 32225 (904) 246-8558 OBJECTIVE: Born: December 22, 1950 Height: 6'1" Weight: 178 lb.. EXcellent Health Seeking a permanent alliance with a progreseive firm which can profit from my aggressive efforts in the area of financlal ad.inistration and reporting sy.t.... EDUCAtION: -ll)lDl)UTR COLLEGE, West Long Brodla..... Jer.ey 07764 Kaster of Busines. Administration (K.B.A), May 1975 !aphas1s on Accounting and Financial Manageaent Honor. Graduate EXPERIENCE: June' 1985 to P..-.....,.,.. ~ January 1984 to October 1984 VAYNEsBURG COLLEGE, Wayneeburg, PellD8ylvania 15370 Bachelor of Science in Bu.ine.s Adain1.tration - Accounting, May 1973. Meaber, Alpha Kappa Psi (National Honor. Bu.ine.e Fraternity) Treasurer, Phi Sigma Kappa Vice President, Inter-Fraternity Council. STATE OF FLORIDA - DEPARTMENT OF INSURANCE Tallahassee, Florida 32301 Posltlon: Assistant Chief Examiner Acting Chief Examiner (4-1-86) Maintain full regulatory authority in the administration of Florida Insurance Laws relating to licensing, supervision and financial examination of some 1500 insurers. Coordinate countrywide solvency monitoring of all authorized, surplus lines, and reinsurer.. Super- vise assignment and review of examination/audit process activities as NAIC southeastern zone secretary. Directly responsible for coordination of certificate of authority application process. Responsible for the compilation of the Department's Annu81'Report. Developed a comprehensive in-house financial/auditing training program. Represent the Department in official meetings dealing with insurance industry, regulatory and legislative matters. Work closely with all divisions of the NAIC~th special lnterest in task involvement for statutory reporting, asset valuation, actuarial reserving, reinsurance and solvency in general. Implemented an automated system of analysis of financial condition and statutory compliance. Supervise and conduct investigative hearings regarding statutory violations. Supervise in excees of 100 employees in three functional areas. ENGINEERING AND PROFESSIONAL SERVICES INCORPORATED Shrewsbury, New Jersey 07701 Position: Vice President-Finance Had full responsibility for all financial reporting functions. Totally directed all budgeting and strategic planning operations and reported directly to and assisted the pre.ident in a majority of operations policy. Implemented a contract monitoring system for ~ , 1 L. t l , ! I June 1981 to September 1985 October 1980 to March 1982 March 1979 to October 1980 .-.....,.-".1..,: ... key factor studies and Statement of Work (SOW) adherence to re- quirements. Responsibilities include all accounting end tax r.port pr.paration. contract proposal .nhancement. and overall corporat. administration. This was a one year consul tent agr....nt contract with a prior employer. CINEMA 'N' DRAFTBOUSE. INC. Jacksonville. Florida 32211 Position: President Operated one of the most profitable movie theatre/restaurant combination frenchise operations nationally. Responsible for all profit and loss accountability. strategic planning end administra- tive operations. A truly unique and often copied concept. expansion was und.rway in both the Northeast and Florida markets. All interests relinquished October 1. 1985. THE CIWlTD. COMPANY CIWlTER SECURITY LIFE. Charter Insurance Group. Inc. Jacksonville. Florida 32202 Position: Vice President/Director of Finance and Budgeting Responsible for all financial reporting aspects of the holding company directly supervising full control of nine subsidiaries including Ch8rter Security Llfe Insurance Co. Was lnstrumental in profitability studies re18ting to new product dev.lopment. as well as the corporate budgeting process culminating with the Annual Plan. Was a keynote contributor in the year end planning and presentation of Board of Directors reports. Administered monthly financial report presentations of all subsidiaries and provided executive management studies. Fre- quently undertook special projects including quarterly op.rational reviews and management reports systems (MRS). Participated actively ln aggressive acquisltion procurements. Demonstrated strong technical proficiency in a "take charge" envirolllllent while adhering to a rigidly structured schedule. THE PLANNING RESEARCH CORPORATION. Ft. Molllllouth. New Jersey and McLean. Virginia Position: Configuration Management Administrator Responsible for Planning and Contract Support fo~ the Joint Interface Task Forc. Commander of the Joint Interoperability of Tactical C~d and Control Systems (JITF-JINTACCS). Provided overall dir.ction for planning test conduct. and measurement evaluation for achievement of Compatibility and Interoperability of the Military Services in a tactical .nvirolllllent. Supervised automation for monitoring and reporting of test compliance. results and subsequent recomm.ndations to the Department of Defense (DOD) and varioue National Security Agencies as to test effectiveness. Additionally restructured and implemented a fully automated financial reporting system for contract adh.rence which was subsequently adopted by the Defense Contract Audit Agency (DCAA). Maintain.d an extensive client interface as direct liaison with the Joint Service Office. Nature of work was sensitive to National securlty and held a security lev.l at or above TOP SECRET. . . r.. ~ f , 1: ~ Ii ~ ~. , 1 February 1977 to March 1979 June 1973 to February 1977 June 1976 to 1980 COMMENT: REFERENCES: PRUDENTIAL PROPERTY AND CASlJALTY INSURANCE COMPANY Corporate Office. Homdel, New Jersey 07733 Position: Senior Financial Planning Analyst Responsible for complete ada1nistration and coordination of the Annual Plan, projecting ln excess of $800 million premium volu.e. Directed development, compilation, 8nd implementation of all financial planning gUldelines which determined final profit and loss projection results. Responsibilities included adminlstration of accounting functions, ratio analyses, evaluation of agent effiCienCies. initiation of sales and market research studies and long range forecasting. Possess in depth knowledge of claims, underwriting operations, and financial management procedures through self-initiated departmental rotations. Excellent oral and written communication skills with all executive levels. Successfully conducted management conferences and participated actively in various Board of Directors presentations. SHREWSBURY MOTORS, INC., Shrewsbury, New Jersey 0770l Volkswagen of Amerlca/World-Wide VOlkswagen Corporation Position: Controller Responsible for complete financial management and general accounting functlons. Supervised full financial statement preparation and analyses. Restructured and lmplemented budgeting techniques, sales forecasting. and market trend strategies. Automated all flnancial and inventory systems and received Commendation for Excellence in Business Management, 1975 and 1976, from World-Wide Volkswagen Corporation. Volkswagen of America, Inc. BROOKDALE COMMUNITY COLLEGE, Llncroft, New Jersey 07738 Position: Associate Professor (Part-Time Evenings) Curriculum: Accounting, Business Management and Economics Personable and energetic. Excellent oral and written communication skills. Promptly furnished upon request. " , , C L i l l .,.~. ; ~ ~ CITY OF DELRAt BEACB BOARD MEMBER APPLICATION UJ 7:;1 >>En-scrl- ME cJ BOME STREET ADDRESS, CITY, ZIP PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP I-)rr -1 yy~ BOME PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~. klN"'- ~ ~ ~ A-A/y R(l'j4~'h ( LIST ALL CITY BOARDS ON WHICB YOU AREf5~~~E~LY SERVING OR HAVE SERVllD (Please include dates) ~ BUSINESS PHONE CJ'7>FU mlN'iJ E7\ PREVIOUSLY EDUCATIONAL QUALIFICATIONS r1,1I10 S'7,4T1; VI rl- U. t?F C <' )J 1\1 ' CERTIFICATIONS AND LICENSES WHICH YOU HOLD. ~y1.; GIVE YOUR PRESENT, OR MO~RECENT EMPLOYER, ~ ~ ~ E?~~fr7 ~ S R":.,Q ~~ Y 7-tJ j.'t"l-ilf . . I DESCRIBE EXPERIENCES, SKILLS OR KNOWLE GE THIS BOARD. /(,; 'F ~ 1 AND POSITION It 'f!;:e~~ I). 1--<::' /) S' FP U ~ ,A. ~ tVi ~ I~ -=:'1:: If!- If &D C1- Y /f 'So II ~ c:- A- ';PR 4FS/ T::> & 11.--7""' 0 r- V1t 0 /IY1 E /V PLEASE A TT ACB A BtrEP RESUME. ~ Lu 5 ~ r LAs V E 12 1:> C'i - ':;;2 _ ~ ~ _ 5~tell ED I Vfi- ,;. 5$Q:R.~y' 0/\/ L/lVRFL.t),ks ~ I HEREBY CERTIFY TriAT ALL THE ABOVE STATEwtNTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAt CAUSE FORFEITURE UPON MY PART OF ANY APPOIN'!MENT I MAY RECEIVE. afJ , ~/r/FF , DATE vi ~ . . . l L , t , , tJTr (f ~Fl~Ar hbACH 1l0!.Jl1l t1L.t1bEJL.-rUl-C.AI.lilli Y!,~( .!:" _ KFAI..L t;AME ----~---- - -_. -- -- --- .---- --- 5334 Buckhead Circle, Boca Raton, Florida 334B6 HOMS STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) -- 616 E"st Atlantic Avenue, Oelray Beach, Florida 33483 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP (407) 394-7923 HOME PHONE (407) 276-7424 BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Community Appearance Board. Board of Adiustments. Planning and ZOning Board, LIST ALL CITY BOARDS ON WHICH YOU ARE CUR~ENTLY SERVING OR RAVE PREVIOUSLY SERV ED (Pl eaae iDOl ude da tea) None at this time. EDUCATIONAL QUALIFICATIONS University of Miami, Bachelor of Business Administration (BBA); Nova University, Juris Doctorate (JD); University of Miami, Master of Laws in Taxaction (LLM). LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. Licensed to practice_law in the State of Florida GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION LISTICK & STEINER, P.A. - Attorney DESCRIBE EXPERIENCES, SrILLS OR nOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. Ex erience in inte retin statutes ordinances code and I' i and the a Ii cation thereof. FamiIiarit with var'ous rocedures of the Beach ac ired b attendance at lIeetin s of the Cit COIIIIIlission and Plannin an ar, PLEASE ATTACH A BIIEF RESUME. I BEREBYCERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~~QQ/ SI NUURE - ~ \}Mrl, \S' J \~B~ DUE , . \ , 1 l t I . It. , ~ RE~.!.I~~ MARK LOUIS KRALL Liatick , Steiner, P.A. 616 Eaat Atlantic Avenue Delray Beach, Florida 33483 (305) 276-7424 EDUCATION LLM-TAXATION 1982, Univeraity of Miami, Coral Gablea, Florida - Top 12' HONORS PROFESSIONAL EXPERIEIlCE JURI S DOCToR 1981, lIova Law Center, Fort Lauderdale. Florida - Top 25' BBA-ACCOUB'l'IIIG 1978, Univeraity of Mia.i. Coral Gabl.a, Plorida - Top 10' Beta Ga... Sigma - lIatieaal Honorary Buain.aa Fraternity Beta Alpha Pai - lIational Heaorary Accounting Praternity Alpha Laaba Delta - lIational Freabaan Honor Society 5/87 - pr.aent LISTICK ~ STElIlER. P.A., Delray Beach, Florida Practice of law in the areaa of aeal Eatate, Eatate Planning. Willa aDd "ruata, PrObate. Federal. State and International "azaUGG. Condoainiua Law and Corporate Law. RHOADS . SI.OB. Boca ltatoa. Plorida 10/84 - 5/87 9/82 - 10/84 COMMUJfI'l'Y IIIVOLVEMBIl1'1' MEMBERSHIPS PERSOIltAL UFERDCES Practice of law In t:he areaa of ".al aatate. aatate Pluming. Will. ana "ru.t.. Probate, Pederal. State and InterDattaaal ~uat1aa. Con4oatnlua Law aDd Corporate Law. PUCE WA'!'ZIUIOOn. .1_1. P~orlda a_lor ~aa acooUDtant aDd conaultant in all areaa of PeeSeral. _ate aDd International "azaUoa Including practice before ~he Internal Revenue Service at the Di.tdct Level. Unt teeS Way of South Pal. Beach COUDty. Board of Directora Jlotary Club of Delray "ach. Plorida. Member Pal. "ach County Bar AeaociaUon. Florida Bar Aeaoctatlon, Aaerican Bar Aeaociation Born 5/3/57. Single. Available upon requeat. ~ , l. I l L . I , L^w OFFICES M^cMILL^N, ST^NLEY &. PURDO MACMILLAN .UILQINCI - NOlllTH.AST ,"OUlII'fIool AV.NU. P.O. .OX aao DELR^Y BUCH. FLORID^ 33447-0820 NaIL.. MACMIUAN CANOL MACMILLAN ITAN"'Y THOM"S CI. PUIIIDO T.........OH. 14.07) 27.....3 14.0'71 Z72-S'7S'7 140717r1.eeoo March 31, 1989 .f'\..t.tf: -h"~., T.'_ , : ~4~ APR3 1989 Mr. Walter Barry City Manager 400 N.W. 1st Avenue De1ray Beach, FL 33444 RE: Appointment to Planning & Zoning Board or Board of Adjustment ~ITV M'" .- v r 1i14At;:-:f;'S f)F~p__t- Dear Mr. Barry: I am interested in being appointed to the Planning & Zoning Board or the Board of Adjustment, enclosed'please find my resume. Would you kindly submit my name for consideration for the above Boards. Thanking you in advance for your attention to this matter. Very truly yours, ~L xU E . V . . -(,ucL i}x ,-".5 THOMAS G. PURDO signed in the absence of; to avoid delay Diane W. SChreiber, Secretary TGP/dws Enclosure c , i. i , l ~ , I RESUME OF THOMAS G. PURDO THOMAS G. PURDO, ESQUIRE 1011 Brooks lane Delray Beach, Florida 33483 (407) 243-0'08 Date of Birth: February 24, 194' Status: Married, two children, lauren, 6~ years old, Zackery, l~ years old ~: Partner, MacMillAN, STANLEY &: PURDO Attorneys at law 29 Northeast Fourth Avenue Post Office Box 2080 Delray Beach, Florida 33483 (407) 272-'7'7 Admitted to Michigan Bar in 1970 Admitted to Florida Bar in 1972 Practiced law in Florida since 1973 Practiced in Dekay Beach, Florida from 1978 to present Former City Prosecutor for City of Boynton Beach, Florida Resident of Delray Beach and property owner: 1011 Brooks lane, Dekay Beach, Florida 33483 1'1 N.E. 'th Avenue, Dekay Beach, Fl Professional Memberships: Florida Bar Association, Kiwanis Club of Defray Beach ~: Linda E. Purdo, Broker/Salesperson, Gringle &: Doherty Realty, Defray Beach, Florida c t.. l l . ~ - CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Y\ CA. c\"-\..,~, eo \? U \-"\ ..\-CL", 0 NAME \4 ~\......\:;>~--( -~c".'t . q; <::,c...~ S ~ S ~ \J.vJ, --;) 10-\-\, ~ vf'_ '\)c..\~"'-", ~~ ~l_ =33'-t::f.~- HOME STREET ADDRESS, CITY. ZIP (LEGAL RESIDENCE) PRINCIPLE BUSINESS STREET ADDRESS, CITY. ZIP Chr~S ') ~'\'c-O<?;<;s. \ BOME PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING BUSINESS PHONE ~O ~~ Ji. ()~ C\C\~ '-'.s.~~"Y LIST ALL CITY BOARDS ON WRICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please inolude dates) ('\6 \'."\ e....... EDUCATIONAL QU~LIFICATfONS " \ <\ \)., ,..X--:;>\~'\.,cS<; ~ _""s-,.. o u~C"S LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. W C"p _ GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, ~ < \r' v... P..\:- ...- \--~j 0 "C C_ 0'<....-= '-" \~i ,,\ r , ~L . C: \ r'___C \ ..... \-L.r~ - c~ L-~ C'\.C C ~ ~~Il PLEASE ATTACH SKILLS TO. _S\R~~c.~,-~~~ \ I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. \~~Jt.-~p ~~~~~ SIGNATURE ~ ,\ ,-) \ ~)C L' c: ,,,,'0. c:( ''C. \C, <;, ( \ DATE ~ ~ t l t r , << , I I ~. C I T Y COMMISSION DOCUMENTATION WALTER O. BARRY, CIrJ MANAGER ~((1.~ FRANK-R'. SPENCE, DIRECTOR ~ELOPMENT SERVICES GROUP ~m~J~~;xn~CTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF MAY 23, 1989 CONSIDERATION OF A CONDITIONAL USE REQUEST AND ATTENDANT SITE PLAN FOR AN AUTOMOBILE DEALERSHIP (WALLACE) TO: VIA: FROM: ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval of a conditional use request and its attendant site plan. The request is for a new automobile dealership which will occupy the block bounded by SW 10th Street, SE 6th Avenue, SW 9th Street, and SW 5th Avenue. This is a portion of the site of the former Wallace Nissan Dealership. It also involves some land area which was not previously in dealership use. BACKGROUND: This property has a complex history with respect to the termination of its previous use (Nissan Dealership). While more detail is available in the P&Z Staff Report, the situation is that the previous conditional use has lost any vested status, the site is zoned appropriately for a dealership, and the proposed use is consistent with current and proposed policy statements in the City's comprehensive plans. In light of the above, a full (new) application for conditional use and site plan consideration has been processed. The full baCkground report is available for review in the City Manager I s Office. The site plan has been provided separately. PLANNING AND ZONING BOARD ACTION: At its meeting of May 15th, the Board reviewed the requests and have forwarded them to the City Commission with a recommendation of approval SUbject to conditions. At the Board's public hearing there was concern expressed about the adequacy of arrangements for employee parking. It was stated that conditions of approval required 16 addition on-site spaces to be designated eXClusively for employee parking. The Community Appearance Board has approved the elevations and landscaping. RECOMMENDED ACTION: By motion, based upon the findings and recommendations of the Planning and Zoning Board approve the conditional use request for establiShing an automobile dealership and approve its attendant site plan subject to conditions as recommended by the Planning and Zoning Board (copy attached). Attachments: cover sheet, P&Z Staff Report reduction of site plan full scale copy of site plan provided ~~ separately t: ~:.: I- t"'LHNNING 8 ZONING BOARD CITY OF OELRAY BEACH - . fEETING MIE: Kay IS. 1989 ~ ITEM: III. D CONSIDERATION OF A MAJOR SITE PLAN MODIFICATION AND CONDITIONAL USE APPROVAL FOR THE WALLACE DEALERSHIP ON THE NORTH SIDE OF S.E. 10TH STREET. BE'l'WEEN THE FEDERAL HIGHWAY PAIRS. STAFF REPoRT ITEM: ~ .. ......, DATA: OWn.r. .. .. . .. .. . . . . . . . . . . . . . . . . . Bill Wallac. Agent...........................Mark Mar.b 01gby Bridge., Marsh , Associates, P.A. Location........................North .id. of S.E. 10th Street, between S.E. 5th Av.nu. (Scuthbound Fed.ral Highway) and S.E. 6th Avenu. (Northbound Fed.ral HighwaYI. Property Si.....................2.763 Acre. (120,356 Sq. ft.) Community Redev.lopment Plan....Highway C~rcial City ZOning.....................SC (Speciali.ed Commercial) ~acent Zoning.................North, south and we.t of the subject property is .on.d SC. Ea.t is .oned GC (Gen.ral C~rcial) . Exi.ting Land U.................Vacant d.alership Propo.ed Land u.................Expan.~on and upgradlng of the vacant d.aler.hip into full- s.rvi~e automotive d.al.r.hip. Wat.r s.rvlc....................Exl.tl~q on-.lte. New 6" and 8" main extensions frOlll 12" main located on the .a.t .1de of S.E. :.6th Avenue propo.ed for fire .erviee. ITEM:;tiL. j) SeoMr S.rv1c....................1x1.tift90n_.it. . ----.--..--- t .. {:;' .. .. ~~ t ~r f ~;, ;~ " ~: ~:" r '.' ~: Item Before the Board Wallace May 15, 1989 Page 10 1. Obtaining a Variance from the Board of Adjustment from Section 173.510 (A)(7)(d) for the loading area location or an opinion from the Chief BUilding Official and/or City Attorney that a variance is not required. 2. Recording of a Final Plat prior to issuance of a Certificate of OCCUpancy. 3. Providing verification that dead end water system meets minimum fire flow requirements. 4. Providing documents privitizing eXisting utilities within the 16 foot alley. 5. Submittal of a revised site plan addressing the following; Provide center line pavement markings along the drive to the southeast of the five future service bays. Provide an additional 16 employee parking spaces (See discussion under Standard #2 Conditional Use Analysis) Provide "Left Turn Only" signs instead of " No Right Turn" at ingress and egress to Federal Highway. 6. Submittal of revised Water and Sewer Plans addressing the fOllowing; Provide location of water meters, grease traps, and backflow preventers. 7. Submittal of revised Paving and Drainage Plans addressing the following; PrOVide stop bars at all exits. ref:PDI CD~\.Jl(\UD3 Of Bf~Vc1JtK. lA.lAu.l1.U:: ~~lt1?JW~) , , \. ;l :: .. ~ :;i .. .i ti : .. ~~ \0 ,~~ : t .. '. : , Ii: :ito;. F.r )0:-: i ~ ( T-;:;--... ---- ---J.lIl1IU.S Ille 'lI'S -- I I I I I Ii; 1 . f , I . fr ~ I . I II' L I I I I , I I I 1 , I I I I I 1 I I I I I I I ..i ~'- I ~ - I, I I I I I I i . . c::::> . - I' t: I I w I I i I I w ~ I I , I .c I I I - on ~ I Ij I: I I I I : I I I I , I I I I I I I I " ! J ,. I I I I I I I I !, 't'. . ~.~. . ...' . "... .',: ~,... ,,)r.',: " ,-<:~~r::;t:::D:?:;- ~i ~~ f F'" t.: .!l'.. .... ,I I j I I I . --I I Fii _:, ~ -=-~l .!I j f ~ .11 I' . I . JI _Ij II . -1 I ,I ....:. ... .' ""'" '"T ~ I ~ I. i II ~ ; : I , , 11 'I I , 'I ' , , , , ~ w ~ .c - lC W CIS # ; ,,~ ,. f 't' .!-.-!. I: I . C I T Y COM MIS S ION DOCUMENTATION TO: WALTER O. BARRY, CITY MANAGER >~__Z I' 4~ FRANKR. SPENC~, DiRECTOR ~ELOPMENT SERVICES GROUP . r, ~ J.~ ~I..CU~ D ~bVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF MAY 23, 1989 ** CONSENT ITEM ** ACCEPTANCE OF EASEMENT, SOUTH DELRAY SHOPPING CENTER ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of acceptinq an . easement for water and sewer facilities. BACKGROUND: This easement is required in order to provide public water and sewer system access to the proposed Pier I project. City services are being obtained through private property at this time because such arrangements were not previously made. PLANNING AND ZONING BOARD ACTION: The Board has not reviewed the easement agreement; however, they required it as a condition of approval. The City Attorney's Office has reviewed the easement and approved it as to form. RECOMMENDED ACTION: By motion, acceptance of the easement. Attachment: memo from the City Attorney easement agreement REF/DJK#45/CCEASE.TXT 015 (" ~: ;.:.: -: .~ < " [IT' DF DELRAY BEA[H CITY AnORNEY'S OFFICE )IOSII" SIRII TSl III 4 Jll I R.\ 'I HI "\("H. 1-1.0RJI>A 3348~ .'11< ~~~.~llqll MEMORANDUM Date: April 19, 1989 To: Jasmin Taylor Planning and Zoning Department From: Susan A. Ruby, Assistant City Attorney Subject: IRE Easement Deed Attached please find the IRE Easement Deed with secretarial certification of corporate resolution indicating Al DiBenedetto III, Senior Vice President, is authorized to transfer the Easement. The Easement has a corporate acknowledgement; thus, the Easement Deed is correct as to legal SUfficiency and form'; ...."..,., S~A- S}.R/rs ....-.....""'...-'l..,'~~......~.,....._...........~... .. attachment RECEIVED IIIl 1 9 89 PlANNING , ;~ : ! ; " ::~ " " '0, {'i .t~ ~~ ~ ; : r .,~ ':r ; ; K .' I ,~;: - EASEMENT DEED THIS and between first part, corporation second part: INDENTURE, .ade thio ~G.-day of ~ ; .(; ,19f:), by IRE REAL ESTATE FUND, LTD. - SERI.. S 26, party of the and the CITY OF DELRAY BEACH, Florida municipal in Palm Beach County, State of Florida, party of the WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration 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: utility connections (water and sewer lines) with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utility connections (water and sewer lines) under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to wit: EASEMENT Commence at the Northeast corner of the said plat of South Delray Shopping Center; thence West, on an assumed bearing, along the North line of said plat and along the North line of a twenty six (26) foot wide utility .easement shown on said plat, a distance of 287.92 feet to a point of deflection in the said North line of the Plat of South Delray Shopping Center, said point of deflection being the Point of Beginning; thence continue West, along the North line of the said twenty six (26) foot wide utility easement, a distance of 83.00 feet; thence North, a distance of l6.28 feet to an intersection with the said North line 00 the Plat of South Delray Shopping Center; thence S.78 54'15"E., along said North line, a distance of 84.58 feet to the Point of Beginning. 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. This easement shall be subject only to those easements, restrictions, and reservations of record, as well as any and all mortgages or liens encumbering this easement, whether now existing or hereafter created by the party of the first part. The party of the first part does 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. 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 have set their hands and seals the day and year first above written. IRE REAL BY IRE AD MANAGING LTD. - SERIES 26 26 CORP., AS ER n detto, III, Senior Vice President At STATE OF FLORIDA) COUNTY OF DADE ) / I HEREBY CERTIFY that on this date, before me, an officer duly authorized in the State and County named above to take acknowledgments, personally appeared Al DiBenedetto, III and Lesley E. Darren, known to me to be the persons described in and who executed the foregoing instrument as Senior Vice President and Assistant Secretary of IRE Advisior Series 26 Corp., a corporation organized and existing under the laws of the State of Florida. They acknowledged before me that they executed the foregoing instrument as Senior Vice President and Assistant Secretary, respectively, in the name and on behalf of the corporation, and that they also affixed thereto the official seal of the corporation. ~AS~~~ TO and subscribed before me this , 19f!1. If ~u:c+v y 7C/4V' '. Notary Public, State ot-'tlOJ!'ida';;: At Large day of ....: My Commission Expires: _TAn _,e STAll " fLOtIllA n _1111. lIP ~u. 2',.11. , , ...... #"" ....... ",1-' ..,.~<.~' -. CITY COM MIS S ION DOCUMENTATION TO: WALTER O. BARRY, CI.TY MANAGER ,,-- / ~~~ /(~O ~ VIA: FRANK R. SPENCE, DIRECTOR GJ:\SU:M:: FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF MAY 23, 1989 ** CONSENT ITEM ** FINAL PLAT, PIER I IMPORTS ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval of a final plat. The plat is a boundary plat which was required as a condition of site plan approval for the proposed Pier I store to be located on Federal Highway. BACKGROUND: The City Commission has previously approved the site and development plans for this project. There were no items of controversy. It was necessary that special arrangements be made with the property to the south for the provision of water and sewer services and with respect to future a cross-access situation. A condition of approval required platting. PLANNING AND ZONING BOARD ACTION: The Board has had the preliminary plat before them, approved it, and certified the submission to be adequate as a final plat subject to permits been issued by other agencies. Subsequent to the Board's action, those permits have been issued. It is now appropriate to give final approval to the plat. RECOMMENDED ACTION: By motion, approve the final plat for the Pier I project. P&Z cover sheet Reduction of plat REF/DJK#43/CCPIERI.TXT ~ PLANNING 8 .f CITY OF DELRAY ~ IN I NG BOARD BEACH t-EETIl'\6 Ck.~~,. PlBIUAllY 27. 1989 - -- STFFF REPORT - __ FIGeQ:t ITEM: IV.. A. ITEM: PIn I IHPOITS. PRELIMINARY/FINAL PUt 4..W1.. GENERAL DATA: a...r....~.......................1.~ 1 ~ (V.S.I. IDe. -"-t...........................Dl9br' k~ DJ._ "'w.-. _ 6 M.....i._. P.A. Locat!oe........................an tbe ...e aide of rede~.l H1q_". bee-.. ~ flua &l1li Soutb Delra" Sbappiaq <:ent.... . Property S1z....................1.3.. Acre. <<60.4'0.5 Sq. f~iJ CltJ' ZGII.1D9.....................ac (......1 c:c-.nUl) City Land Ua. .1an..............c (Co.aerci~11 M'....C ZGII.1D9...~..............1IOe't.II of tM aubj~ ~ q , .- lAD (~ AcUYiUee. Di8U1ct) &l1li SC 1.......11... , ~1a11. .....ellia.... lAD.: kae 18 .... ...10 11lll1~ . raa11J' D1MU1Dg DiaUift) .... wen 18 .... CoIIaer CIlI la..&-U ~I. ~ LaDII u.................yac:u~ 1aad ,. .. Tll Laad u.................Coaa~loa of . 10.000 -r. ft. Pi... 1 ebap. Vate.. ......ce...................EllteUloa of tile.. vaec .sa".. t:IIe ...e aide of hdera11U.-.r _ell &l1li taWi". taco CIIe ,_ ..in - t:IIe _ aide of .....t1t Dab'aJ' ___ing canter. ITEM: IV. A ...... .....~....................~1 1. ~ tie lato tile atau". ,- -tUJ' _ ""icing .....eII De1rq Doppu.. c:e._. .1 cr-- ...~ ;~ .. t~ :~. ~. : ~I~ ~ I ., J <.j OJ , ~~ t~ ~ , , 1\ " ., 1ft !.) ~ " ," , ..... 'V " ~ t- ~ ~{ hJ ~' t{ ~ " \ .' " :f ,I ~ , ~ " ,;- \ t~ ~ ~~ iI: .\ " " .J , . '':I " "- :.( I,i" \ I'.. "~ ", q" ~ ' ," <:ij ... . '\ I..... ", " ~'''; "" -, " " ". ".." " " - ~"'. ~: ~::: "', j.:,. .. , . '. x: ~:i' r ~\:. , .\ ~t. I t 'ii ~ ~ \ ~~ ~ ffl II .I\~. I ~.!'\ I ~~ ~ I / ~ ~ ~ '-Il~ ~~ 'l!!~ ~" \.... i 5/ ~d t?,S ....Yt?(?f? J y.y , I _ "7 'J ~-/,( '" -,...... I '~"" ,,_ .J~ v/, , ~7//.J tI, ,. ,::.r'/("""J.r., I .~, '- 1\ I I '" " ~ , ~ ~~ I~: ~~ I~ ~ ~ ~ ~ ....... ft'.jnp, ~ (? 1/5/ ~ ~ " I "t , ~ Q\ ~ ~ ~ 1\. ~ \l 1'\ "'< I --- h_ ',' . ~\. ',. -PP5/ ~s~''.Q h /-J ^ ~\' /~ r\' ~ ~ ~. /~ t..v~ /~ 'v~. h~. ~ ;,( ~ {e' ~ ~~~ ~, '" ~,.t' , \\ \\. " "--- ("~;;... ~1?.......r.....~>,.. . -~ ....;..1At:>,) '/~~""r..... .,..,........Ao-.....,.......Ig ~t~ . --... J"~..._ /~ '''' -..1",,1, ~ ,''' J',~ .........,,>.J ' -.J'N~p~.m N ~ __ __ .... ----h--" ./.~ ...,.~ /7 I ~ ~ , ~ I~~ I ~'" ~\ , ~, t\: I~ ~~ f'~_ " " , " I I '", ~, '.: ~... " '", ~ . 'I 'f' I \ l.. '. \Q ~ ;~ , "- , ~'..> ,> \ S( ~ '-I 'I ,~ , " 't ,~ i!t: t '1' , .... .. .. It, , I J/ h''''...... , .~ $~.Zl?p.$ 4J '"' -.. - ,,-- ~ '4.r6". ~.. ,~ . " " ,1- , , I ," ...., -'" ',' ~~ .. I"'~ i', . , '.l ", , I - ." 'J I C I T Y COM MIS S ION DOC U MEN TAT ION TO: WA~TER O. BARRY~C ~ MANAGER ~ t'1 ~ FRANK R. SPENt] , RECTOR D ELOPMENT SERVICES GROUP D~JS'~~~ DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF MAY 23, 1989 ** CONSENT ITEM ** WAIVERS ASSOCIATED WITH THE DEL MAR WOODS PLAT ACTION REOUESTED OF THE COMMISSION: The action requested of the Commission is that of approval of waivers of certain aspects of the preliminary plat for the proposed Delmar Woods subdivision. BACKGROUND: Delmar Woods is a proposed subdivision consisting of eight (8) R-1AAA, single family lots. It is located between the Andover Subdivision and the Woodvue SUbdivision, just south of Germantown Road. The preliminary plat was approved by the Planning and Zoning Board on May 15th; however, there are two waivers involved in the approval. The waivers can only be granted by the City Commission. The code provisions for which waivers need to be considered are: reduction in pavement width from 24' to 20'; elimination of requirement of a sidewalk on both sides of the entry street. The rationale put forth by the agent was simply that the developer wished to maintain the rural atmosphere which is associated with an R-1AAA subdivision and that the subdivision is small in that it is only 8 lots. In addition, there are lots only along one side of the entry road. The City Commission granted a similar request for the adjacent subdivision, Andover Estates III, last month. PLANNING AND ZONING BOARD ACTION: At it's meeting of May 15th, the Board had the preliminary plat before it. After approving the preliminary plat, the Board in a separate action, recommended that the City Commission grant the waivers as requested. RECOMMENDED ACTION: By motion, grant waivers from Code Sections 102.22(A), and 172.17(A) thus allowing a 20 foot pavement section, and eliminating a sidewalk on the east side of the entry road. Attachments: P&Z cover sheet Reduction of plat REF/CCDELMAR.TXT :17 ~( f~ ~; PLANNING B ZONING CITY OF DE;LRAY BOARD BEACH MEETING o=tTE: May 15, 1989 AGENFI ITEM: IV. A STAFF REPORT -- - ITEM : CONSIDERATION OF PRELIMINARY PLAT APPROVAL POR DELMAR WOODS ON THE SOl1'l'll SIDE OF GE1UfAN'rOWN ROAD, BETWEEN ANDOVER AND WOODVUE SUBDIVISIONS. .. . f ~ II") ::".1 '- CC\,~~ .""'-.. ., ..~ C" ca ;r\;j~ .. < z c ~ a: ."\. ~ < ~ ~ ~ " . . ~ ..~: ~ -..' ..,.~ .. . ..,.,. -- . I'" . "'-""'~e'''' -, ~~ ,. ~ . ..~ .... ~. .'. .,,-I' .~ ' . v'.~~ .. "~I . : . I ; t.. -, . 4NOOVEf'_ :1 3 ~1Ott ,': ~ . ko..J:Ll: - r ,! ~ ~yv- I .ll:~.S5.~ ; I I ~ C h_2- ISAllAL ~I"[ I .. -i t co..oo i; . . 11~'T_.l GENERAL DATA: awn.... . . . . . . . . . . . . . . . . . . ... . . . . .John C. Dll1.gg10 Agent...........................~.. above Dev.lope.........................~.. above Loc.tlon........................SOUtb .1de of Germantown Road, north aide of L-37 Canal and we.t of Andove.. Subdlvl.lon P..operty: Sh..............~... ..3.69 Ac.... (160,867 Sq. ft.) City Land U.. Plan..............SF (Single Family) Clty Zoning.....................R_1AAA (Slngle-Faml1y Dwelllng Dbt..lct) Adj.cent Zonlng.................No..th of the .ubj.ct p..ope..ty 1. zoned PRD-IO (Pl.nned ae.ld.ntl.1 Development). South .nd .a.t 1. zoned R-1AA (Slngl. Famlly). We.t 1. zoned ART (Ag..lcultu...l ae.ld.ntl.l T...n.ltlon.l Dl.t..lct I . Exi.tlng L.nd U.................Slngle famlly dwelllng P..opo.ed L.nd U.e...,...........S .1nvle famlly lot. pe.. the R-1AAA zonlng ..equl..ement.. . , w.t... S.rvlc....................Av.llAble on the no..th .1d. of Ge~ntown Road. '. Sewe.. Servlc...................:Exl.tin9 8" .~.. fo..c. maln located on the .outh .1de of Germantown Road. : ",. " f .'~. .. . .' : : .. ~~ : " , ~ : : :1: : $<' .. I: '~;. ITEM: nz:: It '," ::> . f' 'i: t f:::' ,.... li;:; or:.. , ~/) G~ .. "~-<trO~ 6'a . '....... """-t!..~ ",...... .. t '{ ..' ...J:,... _..... .... .....~. ~~ f ............... I .. I I I 1 r: I ~ I " " I I ' ,,, 7'8 QII I I ' .w,07' '8: ,.1.. .16 ~l' ., ., I ' l rt , '8 I 2 I ' I S I I. - I J!t ~ QII I I I '.w,OS' I C... N' 21'. a I ' I I ., 3 l I 81/, I ; S.Ui '!t 6'04 QII , - , " cJr,&~J:._.~ I i I' II I. I I I .' !'a!r.! ., I,," 0" " iii II 'C.. N' 21' · I (JIJI ill iy.: 5 r,. i": If_ ! , 1/, It I << 0 I ~ ~ I , l!t liOO QII lo, ! I L. I -, . I .. ~ N J '. I!- iii e - ~ . . . . . GIlA,.", C sc.u.e I' '80' . - . . . ~8 a 8 , . '!t.. "" a . III a lit It J 8 , 4 l!t CO2 QII ~'~.""". ~ :C.. T... ..... ... .' \. "~----- ~ - ... III . I_~I ~---- . ~ 0.... .. ...-.-. 17, I. SoIt. 7. CII" CP.... " L' LLL LA1IIIIL" '~,'~' -. It I: - . " ~ ... ~-_.- -....V' 1ft ~. lac. teet 011 t:' r tore. "'-.L1l GeZlll.llltOlolQ l!....d~OUth ..LcIe ot t I~: ~;, lTE:k: ~ A ........ ,. [/-;} ~ ". [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 'I, s.[ [, Sik' [ '" [TI4 III IR \'1 IH.\Cl1. I LORll' \ 3_q~, _\II_~ ~";J- -(J<.j(j MEMORANDUM Date: May 9, 1989 To: Walter O. Barry, City Manager From: Herbert W.A. Thiele, City Attorney Subject: AT&T Overpayment Issue The AT&T OVerpayment Issue should be placed on the City Commission agenda as soon as possible for direction as to our participati.on in a joint defense by cities throughout the State of Florida Lncluding Boca Raton. gp- HT/rs ~; ...." '; i -I -,'1:,."1" ~ f.~ ~ ~ -~-y 0- ~~f,~;::;;;r , '400 b '"=" /' 850 Trafalgar Court Martland. FL 32751 March 3, 1989 Ii k,' C~ U~ l V;; J-- '""'N 6 I CITY 4(. 19by '4N';CiP . , ~ .. 'r:t~1 , - . 'c{ Mr. David Huddleston Finance Department City of Delray Beach 100 Northwest Fi rst Avenue Delray, FL 33444 On February 2nd, representatives from AT&T met with several members of the Florida League of Cities in Tallahassee to discuss AT&T's municipal Telecommunications Tax overpayment. At that meeting, AT&T requested that the municipalities return the tax amounts overpaid by AT&T and to work with us to accomplish this in a mutually acceptable manner. To this end, AT&T considered several requests made by the municipalities and agreed to the following: 1. AT&T agrees to be bound by the results of an independent audit of AT&T's municipal Telecommunications Tax payments since January 1986. This would be conducted by a mutually agreed upon independent auditing firm. The audit would not only verify the exact status regarding AT&T's overpayment claim, but would also verify that the current tax payments to these municipalities are correct. 2. AT&T agrees to fully compensate the selected auditing company for all its reasonable fees and expenses during the conduct of the audit of the aforementioned issue. 3. AT&T agrees to defer recovery of the overpaid amounts (to be determined by the above audit) from the municipalities during the current 1989 fiscal year. . , , r L l L I - 2 - 4. AT&T agrees. beginning in fiscal year 1990. to reasonably defer repayment of the overpayments (assUling the aforementioned audit determines an overpa~e"t situation) from the municipalities under a mutually acceptable repayment plan. This repayment period will be determined at a future meeting of AT&T and the involved municipalities. This would then provide the municipalities with a one to two year repayment timeframe which would allow them to take into account their current fiscal situations. 5. AT&T agrees that it will not recover interest charges on any overpayments, paid in accordance with the proposal, including the amounts repaid on an agreed upon deferral basis. AT&T makes these concessions to show its good faith commitment to resolving this matter in a manner least disruptive to the municipalities. Another issue presented at our Tallahassee meeting was the question of AT&T's position if the process progressed (or regressed in my opinion) to a legal solution, and during or at the conclusion of that litigation, the litigating municipalities obtain a result (either by settlement or judgment) which is more favorable to them than an agreement previously reached by some municipalities under this proposal. In such an event, AT&T would offer all of the municipalities who have previously agreed to this proposal the same favorable terms that the litigating municipalities obtain on settlement or judgment. However, it is likely, that if this issue is advanced to the courts, both sides would end up losers after all associated expenses and court costs are deducted. Obviously, we believe that our legal pOSition has merit and that AT&T would prevail in the courts. I have attached a copy of our summary legal position for your review and am willing to have your attorney contact our attorney to discuss our position in greater detail. However, we feel this issue can and will be resolved without resort to litigation. We sincerely hope that these conditions are acceptable to you and the rest of the municipalities, we would propose to meet with the involved municipalities. in a location convenient to most of you (e.g., Fort Lauderdale). to discuss your reaction and position on these items. In order to establish a target date for our meeting, I propose that we reserve Monday, March 20th. as a tentative date for our meeting. c , , l , l ~ ~ u , , , .......~... , ~ :-~ ~~r :., ~t-i. ~ ~ ;.- ". .. . ""~. - 3 - Again. as stated in my earlier correspondence, AT&T truly regrets this entire situation; and therefore, we are willing to cooperate with all of the affected municipalities to resolve this matter in an amicable manner, to do what is right and legally correct, without protracted and expensive litigation. Please contact me on 407-660-4024 to discuss any topics presented in this letter and to confirm your attendance at the March meeting. I will be contacting you again to provide you with additional details regarding the exact time and location of the meeting. ~~ Howard E. Gordon Division Manager - AT&T Tax Systems Attachment: AT&T's Legal SUIIII1ary cc: Mr. Walter O. Barry City Manager ~ , r L l L . -, I ATIT'. lummary Leval Po.ition on Plori4a Telecommunication. Tax OVerDavment. The law in Ilori4a i. that municipalitie. have both the riqht and duty to r.fund AJIOunta wbiab they bav. collected or retained 111&9ally aDd wbiab bave been paid involuntarily by the taxpay.r. III, ~ Miami Y. I.away eOrDt, 151 Pla. 301, , 10.2d 705 (1'42), ~e. Il~ eo. V. Town ot Ha.tinG., ___ Pla. ___' 7' 10. 442 (1'11). The ab.enc. ot any .pacitic retund provi.ion in the .nablifttl law or the r..paotive lllUfticipal ordinanc.. i. no bar to th. taxpayer'. rec:=ov.ry'. Wh.n, a. hu., the abov. condition. ar. mat, no .tatutory provi.ion authorilinq a nfund i. nee....ry. ~ty Of Mi..i Y. .Plor~4a Rat.il~.deration. Inc., 423 10. 2d "1 (Pla. App. 1'12). ATIT baa .ub.tantially ov.rp.id t.l.phon. ..rvic. tax.. to .ev.r.l 7lor14a lI\lftioipalit1e. c:lurin9 the puiod trGa January, ltaa (th. ine.ion ot th. tax), to May, 1"1, when ATIT tir.t l.arnad ot the .non.ou. overpaYlllent. .. th. r..ult ot an aUdit. AI dJ.aC:U..ed below, bec:auae ATI'!' Uc:le th... overpaYlllenu uncl.r a .i.t.k. ot taot and bec:au.e the .unieip.liti.. h.d no authority undu .i thu the enablin9 law or th.1r r..peoti v. ord1nane.. to eollect or ratain th..e ov.r.paYlllent., AT''!' i. lawtully entitled to racOY.r .\IGb ovar,paid ..ount. 1n tulle Not only i. the ntention by the 1llUft1cipaliti.. of .uab ov.r.paYlllenta 111&9.1, but it WOUld r.ault in an unju.t windfall to thea. . . >.. l l f I .~. ~ ~ ( . , -2- DISCUSSION '!'he cirCWII.tance. here .at18fy each ot the .tandaJ:'ds adopt84 by the supr..e Court ot Florida in North Miami v. Seaway CorP. and .uJ)MqUently followed ):)y PloJ:'ida ClCNrts, anabl1nq tapayen to recover tax ovvpaYlllents fro. a munioipality. 1. '1'he overpaieS tax i. illecJal and void. 2. AT'T ..de the ovvpaYlllent. imroluntully. 3. AT'T actually paieS and the municipalities received the tax overpaYlllent. .ouqbt to be recovered. 4. AT'T ha. no other re.edy again.t the municipalitiee. Only tlie tint two ot the.e .tandards marit turther diaOUll.ion. The.;:rioicalitie.' retention ot AT'T'. overDavaents 1. nl a. . A Plorida municipality'. taxing power must be expre..ly author1z84 by aneS 18 Umited to the 9Z'ent ot the legislature. Statut.. authoriling a munioipality'. levy ot taxe. are to be .trictlY con.trued, are not to be extend84 or their operation enla1'gecl ):)y iapl ication, and any doubts a. to the powen .ouiht to be exerci.ect mu.t be resolved aqain.t the municipality. City ot Tamea v. BiJ:'d.in~ Motor., ___ Fla. ___, 2.1 80.2d 1 (1972), Certain Lata. etc. v. Town ot Monticello, 15t Pla. 134, 31 .0.2d 905 (1947), City ot Miami v. Kaytetl, 15. Pla. 75', 30 So.2d 521 (1947). The statute enabling the municipalitie. to levy a tax on telephone .ervice., Pla. Stat. 1166.231(.), authorile. the tax to be levied .only upon purcha.e. within the municipality. cf certain .,.oiti84 telephone .ervice. and at rate. .not to exceed. certain .pecified percentage.. The overpaYlllent amounts erroneCN.ly 1. - , , L l L ,.~. ~ j,.. , -3- remitted by ATIT to the municipalities w.re wholly out.ida the .cope ot the municipalitie.' taxinq power. Th..e overpayment., repre.ented state .ale. tax amount. charqed to and collected from ATIT'. cu.t01ller. in each ot the attected municipalitie., but 4ua and owinq .0lelY to the 8tate ot Florida. ATIT paid th..e uounts both to the State and erroneou.ly to the municipalitie.. Accordinqly, the collection and retention ot .uch overpaYllent. by the municipalities i. beyond their qrant ot authority and th.r.tore ill.;al. 2. ATIT mad. the ov.r=avmenta involuntaril~. The 8up1'Ule court of Florida haa concluded that the payment ot illeq81 tax.. under a aiataka ot tact i. -involuntary and recoverele.- MoZ"th Miaai v. Seaway COI'D., 9.80.2d at 707. ATI'r made the ov.rpayment. to the municipalities under a mi.taka ot tact r.;ardinq tha interpretation and u.e ot .ource 4ocuaentation prepared by Southern Bell Telaphone Coapany. Southern Bell ia re.pon.ible by ccntract for bill!nq and collectinq applicele taxe. tr01ll ATI'r'. cu.t01ller., and prepare. report. to AT'T en~eratin9 the taxe. collacted. specifically, a total lina item on the report repre.entinq both .tate .ale. and municipal telephone ..rvic. taxe. wa. erroneou.ly u.ed by AT'T a. the ba.is for remittinq the t.lephone .ervice tax.. to the municipalitia.. Thi. mi.taka occurred becau.a the .ource documentation wa. altered, baqiMinq in 1986, to renect collection ot the new talephone .ervice taxe. 1n addition to the .tate .ale. tax. Thi. alteration in the documantation wa. done without ATIT'. knowledqe c l i l , l r f r i -4- or tOZ'llal aoJcnowlecSpen~ ot the chenve ~y louthern lell. AflT ClonUnued under thia .ia~ake ot ta~ unUl the enol' W.. cU.Clov.red on alKli~ 1n Jun. ot U". AccorcUnvly, A'l'IT'. r_i~tanCle ot the overpaymen~. va. involun~ary. ATIT di"g'Z'e.. vith the .U9ve.Uon, made J)y the at~orney. tor the city ot II1..i in their laval opinion cSa~e4 September 30, 1"', that ATIT ba. not .a~i.tied the -e.tential el...n~.- tor e.tabl1.hinq 1Ii.~ ot ta~. The city ot lIiaai re11e. on ca.e lav pertaininq to .i.~ake ot ta~ .. a ~a.1. tor relievinv peraon. from a contractual 0~liVat10n. In thi. in.tance, ATIT'. .i.take Of tact doe. not, 1ft it..lt, qo to the que.tion ot ralier troa a contraCltual 0~1iCJat10n but only vo.. to vhether ATIT'. oveZ'p&ymenu vera .ade 1ftvoluntadly. What i. ilIIportan~ b.re i. wbeth.r ATIT lIi.talcen1y lllade the overpayment., not the na~ure of the ciZ'CUllltance. under Which ATIT'. ai.take of fact occurred. Indeed, a Diatriot Court ot App.al ot Plorida ba. recently lUle1ed a. -.opbi.t1c. or tallaoiou. the notion that a tax paymen~ made in eZTor i. a Voluntary paym.nt. v.. CaRenter COntraCltor.. InCl. v. City ot Dan~, 422 So.2d. 342. 344 CPla. App. 1182). !!!!!!2 C1~y at M1_i v. Pla. Retail Pederation, 423 10.2d. 911, 193 (Pla. App. 1113), Where the clOU1'1:, in a .imilar vein, que.tioned .vbether the tille ba. Calli to Ulandon the myth that any taxe. may ~e conaidered to bave been paid voluntarily.. "!nally, the City ot lIia.i opinion alao eZT. in ita Clonclu.ion that a Cli~y'. havinv to return the averpayman~. to ATIT -to the detriment ot the City'. cottera. .omehow toreCllo.e. ATIT'. riVbt to recov.ry. The Flodda C1OU1'1:. bav. e.tabU.hed that the ~ , r L t L , .""" .. ....: , .~ ,~ '.... ~ p" ..~. " ;;,";,'. . ~. . ... . ~ -5- onlY ju.titication to~ the munioipaliti..' r.ten~ion ot .uch ov.rpaY'lllent. WOUld ~e a .bowin, ot -.ev.r. tinancial ba1'd8hip- a. a re.Ult of retundin9 the overpaYllant.. ~, ~ Ve. C&;n,enter Contrac~o1'8. Inc. v. City of Dani8,. 8UD~8. "loric:la court. have con.trued financial ha1'd8hip a. a .v.~ Mnov .xception to the taxpay.~'. ~i9bt to a l'.tund.- Coe v. kovard County, 358 'O.2d 217 (Pla. App. 1171). When compared to .t&ndard. .et forth ~y the Suprema Court of J'lOl'ida in ca... .ucb a. Qule.ian v. Cade County Scbool Board a'l '0.2d. 325 (1173), the r.lativelY in8iqnit1can~ percent8'. of the r.al*:1:ive municipal ))Ud,." ~ep~..entecl by ATIT'. ov.rpayment. and the municipality'. a1niaal 8dmin1.t~at1ve expan.. n.c....~ to retund th... moni.. to . .inqle taxpay.~, ATIT, would not con.tituta the -intol.rabl. ~urden- envi.ionect by the court tor deny1n, recovery. c L l l I ~ I , .AM \7 January 3, 1989 850 Trata'gar Court Mait'and, FL 32751 City of Del ray Beach 100 Northwest Fi rst Avenue Del ray Beach, FL 33444 Attn: Mr. David Huddleston The purpose of this letter is to address AT&T's overpayment situation regarding your Municipal Telecommunications and Excise Tax. It is not intended to state a position, but rather to express our desire to arrive at a proper and equitable resolution to this issue. The situation regarding our overpayment has been extremely regrettable in that it has caused both parties considerable time and stress. We are willing to seek an appropriate resolution to this issue, and to this end, we welcome the opportunity to get together with you and the other involved municipalities at the Florida League of Cities meeting in Tallahassee on February 2. At that meeting it is our hope that we can arrive at a plan of action that is satisfactory to all involved parties. If that is not feasible, then we would like to schedule a meeting with you and other members of your municipality to discuss this situation on a one- on-one basis. I would hope that this type of meeting would provide the framework for a mutually equitable resolution. To demonstrate our good faith, we propose that any resolution include an audit of the refund claims by an independent auditing firm that would be satisfactory to both parties and paid for by AT&T. AT&T's senior management have expressed their concern and want to put this unfortunate situation behind us so that we can continue to improve our relationship with your municipality. As you are probably aware, AT&T has relocated many functions and employees to Florida over the past five years and as a result we feel this issue not only affects you, but also our employees and many shareholders that your administration serves so capably. Therefore, we believe, it would be in the best interest of both sides to reach a mutually equitable agreement as quickly as possible. If you have any questions or wish to discuss this further, please contact me on 407-660-4024. ~e~ Howard E. Gordon Division Manager - AT&T Tax Systems ,,(' : \...., -' W.o-& c... "" f:\..... G "--IV L-, lr . '-< . T... ., - , , , 1 L l [ i If , : '~.J !&f: -}i.. TO Robert A. Barcinski, Assistant City Manager/ Management Services Group . fl/'itWi X ~4....,<<.. <M-A EITY DF r. 4iE7 , DELAAY lEA EN DEPARTMENTAL CORRESPONDENCE (/1."- FROM~.David M. Huddleston, Director of Finance SUBJECT AT&T's Request for Refunding of Overp8yments The City received the attached request from AT&T which outlines that, due to an inaccurate interpretation of Southern Bell source documents by AT&T, they are requesting the City to reimburse them $62,441.28. This refund request covers the period from September 1987 to .May 1988. On an annualized basis, this would have a fin8ncial impact of approximately $84,000. The City's 1988-89 budget is based upon this higher amount and, therefore, it would be anticipated th8t the City's estimates for this revenue should be decreased by $84,000. By copy of this memorandum, I would request that the City Attorney's office provide a legal opinion as to the legal responsibility to repay this request, plus interest. We will review the refund request amount with AT&T and Southern Bell to verify the alleged-overpayment by AT&T. It is also our understanding that AT&T sent similar refund requests to other cities. DMH/sam Attachment cc: Herbert W. A. Thiele, City Attorney Yvonne Kincaide, Budget Director Milena Walinski, Assistant Finance Director Barbara Schooler, Financial Management Analyst Tuc J:ccnD-r f). I I"'" Vl" nil" TTr.nc ~ ) 1 , L l L , . ~1: . - -'- == --- ATlaT ~ 412 MI. K8nlble Avenue Morristown, NJ 07960-1955 201 644-6000 September I, 1988 City of Delray Beach 100 N.W. First Avenue Delray Beach, Fl 33444 Dear Mr. Dave Huddloston: In the past several weeks, you have received a tax check from AT&T which is substantially lower than those previously issued. I'd like to explain what has happened and advise you of our plans. From now on, the amount of your current check represents a dollar amount more in line to what you will be receiving on a monthly basis. Unfortunately, the earlier larger checks were based on AT&T's inaccurate interpretations of Southern Bell source documents. This meant that AT&T was sending you much more than what we collected in taxes from our customers. As remedy for the past errors, we are asking that you refund $52,441.28, which is the total amount of AT&T's overpayment, (shown on the attachment), plus interest. We greatly regret the overpayment and the difficulties its reimbursement will cause you. If you would like to discuss the issue and the amount or method of repayment, please call Alice Wilkinson of AT&T at (201) 644-8044. Sincerely, A<?6'.~ Howard E. Ruck District Manager - Sales/Use Tax , ~ ! , i t l l ~' i ~. ATTACHMENT A DELRAY BCH MUNICIPAL TAX RETURN 1987 ~.. 1988 JAN 1987 FEB 1987 MARCH 1987 APRIL 1987 MAY 1987 JUNE 1987 JULY 1987 AUGUST 1987 SEP 1987 OCT 1987 NOV 1987 DEC 1987 ,.TAN 1988 FEE< 1988 M(1RCH 1988 {\F'R I L. _ 1988 J1AY 1988 TOTAL TAX BIL.LED TAX PAID ON RETURN $0.00 $0.00 $0.00 :~O.OO $0.00 $0.00 $0.00 $0.00 :$5,252.75 $4,866.11 $5,572.20 $5,226..42 $5,023.72 :.t5,57~5. 76 $6 , 1 (I 1 .. 50 $5,996.44 $5,368.29 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $9,617.77 $15,581.82 $17,091.27 $f5,714.12 $9,064.15 $10,960.12 :t11 ,956.70 $11 . -300.. 82 $10.766.42 REFUND AMOUNT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ($4,365.02 ($10,715.71 ($11,519.07 ($10,487.70 ($4,040.4,3: (:$5,386. .36:: ($5.855.20) ($5,304.38) ($5,398.13) --------.------------------------------.-.------.------------------------------------ . $48,981.19 $112 , 05:3.. 19 rAX DOLLARS........ TO Bf: REFUNDED F'LUS INTEREST, IF APPLICABLE BY LAW ~ ) 1 r L l [ ($63,072.00) DISCOUNT X.01 --------------- (:1=630.72) ($62,441.28) MEMORANDUM TO: Walter O. Barry, City Manager FROM: ~ Robert A. Barcinski, Asst. City Manager/Community Services DATE: May 17, 1989 SUBJECT: Documentation City Commission Meeting Negotiated Contract Settlement Jan Abell/Kenneth Garcia Partnershlp May 23, 1989 ITEM BEFORE COMMISSION City Commission is requested to approve a negotiated contract settlement with Jan Abell/Kenneth Garcia Partnership in the amount of $ 83,711.24. BACKGROUND On February 28, 1989, City Commission acted to terminate the architect agreement between the City and Jan Abell/Kenneth Garcia Partnership and approved the transfer of the account balance of $ 45,375.06 to Old School Square, Inc. for payment of the balance due the architect and to fund a new architect to complete specifications. On May 4, 1989, City staff and Old School Square, Inc. representatives met with Jan Abell and John Tessian to negotiate a settlement. The original contract total was $ 102,947.00. The final agreed total to be paid was $ 83,711.24. The architects claimed the City owed them $ 94,711.24 for work performed. After deducting payments lIl8de of $ 57,571.94, the balance due the architects is $26,139.30. Attached is a memo from the City Attorney, the settlement offer and a financial summary. Old School Square. Inc. concurs in this recommendation. RECOMMENDATION Staff recommends approval of the negotiated contract settlement with Jan Abell/Kenneth Garcia Partnership in the amount of $83,711.24. RAB/sfd T , , J J " . '- !-"'~~::.J!:'!I':..C:-......~" , . . .....-..:..::.~.:.:.:.:-....O;...~,. I Jq . i' I . I ! I L'{,' , .. [IVY DF DElRAY BEACH CITY ATTORNEY'S OFFICE :,,' ',;. b I ~ "lli'.1 ,l,;' '''1 ii"" '.' ,'.1:., l"!:~~i"1;)h ANDUM ))clte ~ t-1o.y ~,?, " C).OJ. ':1 ..... . '.. To: ~~1 t~. CDrr:;':;i:~':;~')rl Fri,jm: ,r.)I,J.:~_ili ':'" l~'I,~':'~.:.., ,. ,0 (""~ ".y :'\tl:,(,~;;'J.C~" ::'JubJ eel;: tl ;'~~.F~'t..l. ,.) t.e':i S c.~. r, .1 ' '~rl'~;' r: r. ALe 1], / ?,C'!;n'E~j_-,~.~ _, :",~ /\,':f.:l i (';!" i'.J, ,::r:~, ~~(;. :'..':. 'l[ ContI'a2t DctweU!l IIar1 ,~' tt r ~'11C:':!" ;:;n ':'}.\.. I\l"~" l":.l ~: ec t::~ .. c;,:'.d On j\1ay 4, 1':,:39 G:_l~:' :~.'ffj,,::~. :,r.:':~ :,).~..th Ja.n hbf~l,l, .J~)'(}n 'r~::~.s.5ian of. Ate1.iel.' Arch..i.~~ct.:,;j, >!:lL-Y C.o'.. :~tJ.<)l.l(), Ftd.nr>"~s, FJc.rquc c'!.nd Robert Br1J:'c:i..nski, '~,Q n(~g~'Jtj..,;~t",:,". :J ~-;'."":::..l(~:TiCtlr: ,,:):f. i:',t~c' COl1tract. \vith th(~ i'lbove narr.ed arcl1i t~.:~,~,:ts / ,~l::: d..'i'cc..:.:tr::d by' ~h8 Ci l:.y Commission. r"~'he or.i'J.inal c:c.nt..rac.:,~ a.:nc..-\.l;:~ 'das $la2,':~~4,}.UO. i!owe\}~~r, the ';l:t'chitect.s clilimt;=;d rt"~.~ Ci:_",:r' "Ydc~d $9:1,7.LJ..~~:~. Aftc'l: n~~';Jc.tid- tic)ns, a $11,000.00 (-uduc~'j"on in that amount was proposed bt~cause the c:Dntrac'C C:OCUIiK::.i1tS and spec~i,f,i=ati\:)ns Wl?I'e c)nly approximc:lt:ely ROt ',~()mpLct,t~.. l..,hf~rci.n a. f~(lt.tlcmcnt of,Eer Cit $83,711.24, l~~:;s P~:-E'U;",-:.:,.;,:;.; payments 1t/a.S pr.e/posed by the architects. I\:.tr~'r deductin9 prc'v;QI.I.<J ;:>aYlncnts i.n the ;,mount. of ~~c)7..J71.'J4, the a"(ch.i.t'~cts nOvl oEfer t.o sett.le fot. $26,139.30 with sai.d. payment to be render.cd wi. thi.n 30 days of City Commi SSiOll approval. The arGhi1:ccts aq1:t~0 to indemnify, tlo ld harmless and defend the City aqaj.nst. all claims of cOllsultl'nts or ,subcontra=tor::.; , Prnviously, the Ci ty Commissi.,m appr.ov(~d a t.ranEfer of Eunds to Old School Square, Ine. in order for Old School ;3quare Inc. to settle the contract dispute and to Rcquire archicectural services to c.::lmpl'i'tc the proj ect. At the time (If the City Commission direction, the account contained $45, :ns. 06 of which $30,000.0,' has been transferred to Old School ~,quare, IIlC., leaving 115,375.06 ramaining .in said account. These remaining funds can be t.ransi:'~n:ed to Old School Squa.ce, Ine. upon Ci ty Commission ,ipproval of the settlement offer. Once these funds fll':e received 01(: Sch~Y.)l Square, Tne. can .!. ~:;~;\,.le r:\ check ,i.n th(~ amount of $26,.i.:)0.~{() t~,() ~Tdn' ;.\'bcIIIKcnnetb ('r~trC:"1.a Pa,rtncrShip and Atelier Archite(:ts to settle the CC]!ltract dj,spute and ret.ain $19,2)';.'7~ .,) f:":'j' ;H;::hitectuull fcc,., to c:omplete the project:. - I \ . C:.l. ty ConU'r\.i 3'::: ion May 12, 1.9 Page 2 Our office recorrunends tfla t the City Conunission accept the ~ettlement offer as proposed herein. By copy of this memorandum to Walter O. Barry, City Manager our office requests this settlement offer be placed on the City Corrunission's May 23, 1989 agenda. IE you should have dny questions or concerns regarding this matter please de not hesitate to contact our office. OFFICE OF THE CITY ATTORNEY CITY 0 ~_'pELRAY BEAC&,J'LORID1', :+ 2uGvl ~ ~an A. Ruby, Esq. r Assistant City Attorney _) By: SAR:rs Attachment Cc:: ,Robert Bues:i.ng, Esq. Walter O. Barry, City Manager Robert Barcinski, Assistant City Manager Frances Borgue Mary LOll Strollo .. . ::\'lrn;nat'j~ .0 Fi:-:::l.nc.1.dl .;-~~fCl:m.:J'..:il;:"; .. :::,11 "";(':honl :~ql.lare/:n,...;. ...\bcll Garcid Contl"de".:. _' . u J r, (cm tl'ilct S\lillmClry :> LO ,!, 9 'l'l . O( A, Origi.nal ,'-bell Sarr::ia Contract Amount 1 . Phases a. Design Development 131% of Totol) Jl,913.5~ b. Contract [ioc'Jlllent 5< Specs (61% of Total) 62,797.6~ c. Bid Phase 8,235.7f $102,947.0C II. Items Completed A. Design Development (31%) B. Contract Document & Specs (82.5%) C. Bid Phase (0%) Total Contract After NegotIations II I. Payment Se t t lelllen t A. Total Amount Negotiated Contr.act B Paid to Date by City B<llance Due Abell Gal'cie, by Old School Square TV. Payment to Old School Squill'C,' Fund Balance 1\. Transfer Amount Authorized to Old School Square 1. Original Contract 2. Less Paid to Date J. Total ~c Transfer tu Old School Square 4. TraClsfcrrrcd t'J Date S. Amount to be Transferred to Old School Square by the Ci ty upon City COlrJni.ssion Approl/ell of ,;ettl"ment. V. Total of Transfer to Old School Square Payment Due Abell (,arci,a from Old School Square Balance Old School Square to pay new architect - .: . 3l,n3.5i 51,797.67 0.00 $ 83,711.24 $ 83,711.24 57,571.94 $ 26,139.30 $10,;,94'/ .00 ---21..,571.94 $ 45,375.06 .10,000.00 $ 1:;,3'/5.06 $ 45,375.06 26,139.30 $ 19,235.76 TRENAM. SIMMONS. KEMKER, SCHARF. BARKIN. FRYE cS. O'NEILL ~"'O~CS:'O"'l^,", "'..oel....TION ATTO"""CYS A.T L.AW SI-jLI.rWIN .. .1....IotQ~~ LeSLIe: o. !::C~"',.,. M."AVI"-l C. "''''''I<'N Wll i."".... c.'";, ill'nyc ALaC"T c. O"'Ull'..J" '"I4.AOLO W. MlILl.l', ,Jill, WILI.'AM I(NIO...,. zCW....O.1(1 ~~....,.,jJ( J. ~IC,.. III 1O:1~...."'Rif\ M. LEISl>4crl .u IT~ It. I"lOuNr.....\l11 \ f" "'ICI1...."'O 11. !.lOL.LNEI't MCl'tfllTT A. (JARONCIIt WIIII^"" KALlill-l ~lC~",,"O CANQCL(HM 1i1J8CnT II. Dl.J~S,II~O WI Ll.'AI<-l .~.. "':0'1''1' STANLEY H, ELC,." ~1l;;"'''''nC O. WILKC:i O""'lY I. T"RlIJM :.. .U"ll;r.... S......HCC..... ."01. '., I.'..:O~. C, 1lIL....1'f1'i '7.4"1.E: e. ~'''''IH .'J!I.':'>~~ In,,,., 0:::: \'1.'''1'1'0 .'<':".......0....8c:...l..Ct::;!"lC'. w>l.L'''t04 M, .......... OOI~ .. WClr.4...c:.... IllICIoj"'"O...... ."1:1><1: .J,,").,!!:.... w, 1'01, I'IlUOQ ""^~T "". OUINL......... ~T...NL.Ey T. ~...Uf.IIl.TT 0...1,110 "I. aflt",...,N GEONOr: C. NAe>CIIl 'I'Cl'tn"'N(".~., "0$',1.:; CI;)W",,,,O C. U.nt')~l. ..08E~TA.... COI "Vf-' ....UI......Ilt'JWC"N "'H"Jh.. "",.... (,.....5"E": w.a.r'Q.... "" TON C, W.-"u 0"'....,0 /-l. SlN'fOltn W"'NO"... t~^O^N ""'~ll^El. 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'-ClIiT O"'C[ SO" II Co! TA.M~A. F'1.01ll:10A 33801-1101 T,1\Io'lIl. uil';J1 ~1,"7"7" ."~c:..L"1 I.'J' ."...,11... TeLC:X O~OU5!"I~ Mel UW '[I.[CO~V'~'~1 ~~~ ~~~~ W~I-t."l'1 C'i~rC'T I .I~~ TBLBCOPIBR COVER L~rTRR PLEASE DELIVER THE FOLLOWING PAGES TO: N.'\ME: Susan A. Ruby, Esq. Office of the City Attorney City of Delray Beach, Florida 100 N.N. First Avenu~ De1ray Beach, FL 33444 FIRM: ADDRESS: TELECOPIER PHONE NUMBER: (407) 276-4755 FROM: Robert H. Buesing, Esq. TOTAL NUMBER OF PAGES INCLUDING COVER LETTER: 3 DATE: May 12, 1969 OUR FILE NUMBER: 89-9997 WE ARE TRANSMITTING THE FOLLOWING GROUP: 1, IF YOU DO NOT RECEIVE ALL OF THE AS POSSIBLE. FROM AN AUTOMATIC CANON FAX-520 TELECOPIER TO 2 and 3. PAGES, PLEASE CALL BACK AS SOON TELEPHONE NUMBER: (813) 223-7474, EX'r. 226 FOR TRANSMISSION PURPOSES: (813) 229-6553 IF RECEIVING ON AN AUTOMATIC MACHINE, PLEASE CALL THE ABOVE NUMBER TO CONl'IRM. CONFIRMED BY: TIME STARTED: TIME COMPLETED: ! l . . . . , . I , , , , . . I . . ,I f "-'--.-...... --.--...-..-----. "" TRENAM, SIMMONS, f<EMKCR, SC"'ARF", BARKIN, FRYE & O'NEILL JlAOjPtIlSION..l. ....OCI...TION "'TTO-'NCV& "'T LAW .,.r"WIl~ ". SIMMOh. 1.f:'III..'1I: o. Sc.....n' """''''.1 c. ....."....1 W'....l...... C;. rA'l'C AI."rIltT c. O'NCIll, .J__. 1~...nOlO W. ..Ul....IS. oJ". W'l."''''M ","HO..., "CWAC~I\I ,ft...." oJ. Itll.,. III "'e-w.....O..... eC""lOeaC,. W,....'..."'....8"""".." OO~, O. .....!:H.II!ll'Ol1!11 I'lI.C"".....O w. .....Ol'll: ..rOse".. w. ..., I'I\.IOQ ""....y N. !;lVI""......'" .T"'4"CY T. .....OQCTT OAYlO lit. BA'TTAIN "'11'="""'''0 A, J...C08S0N C,....IO ... r:LCNOINC"" ..A'If.. .... L........." 1II0.C'" T, "''''W",ES ,,/OHN 1:. JOHN eON .J. ..........N ..aCNOOI'l' "'NTHON" e. "'IIlC"".. "OeEftT L. "41:".1..1. ........"'....... .. "'........ K""'CN 1'l0WLI:T S...",", O. MfCM"'II:l. O'l.EA"" ""C"""'''O M. H"'NCMl"TT ta.I,lIac I.. 0"."'0"'1:.. "."'JIl;,e,. J. 0'00"'.14 "'oauI J. JIIlOVEl.l. .r."'J"'Iol'N C. 1...."'.1:". "l'I " r'I. , I. III. l.~"o ....'IIIf: TOM"'." ....... ... "'1.0....," Aa.c", e. s.",c"'F.l' L"N$u'<lU C, aCIIf'VItN I-tIl..AilIl" .... 0000.....'<1 ... DU.,...,. TwecCl ..O......t. ,..t...... ..,...et. "".,,,,, 1111111"'1- '.'0.1.... ................ -. .............. "'''''Iol C". "OUNS....Il.l.' ,.'CI-4....ilIlO "". 50l.LNEfIl MClIIIflllTT .... a..nONe.. Wll..I.'...."" ~"'l-iIU4 "1~1l...t'lO e4.tU:iCl.on... "'oaC"T ,"" a\.llllHO Wtr.....,.."" G. SC:O'fT ",UNI rv u '1 ttr "1'.;'.....,..0.. WIUlltl: l"l..".... j ,....... L ./O~t:,..... $"...Ilr.r'4, ..1. ..r~"'ON O. Dl....Nlll. OIl.YLC It. e...nr..!Soh ..tOIlN~, VCNTO .....W...WL... .........",... 1 C"n.....cc .... OO:lT/I: COw",,,,O e. Uo."'O&C ..O.eilllT..... COl.TON ~.V.. 1-4. .OWt:N "IU.r.".... e"""'CIll w^"Se,l. "I.'''N C, W"''''O 04VIO ..., ItNTOr." ....",,'ItI. ..tin.., ."IQJI"'.. .... at~I'f: "."C.. c",....er "'C\"'CI TIolO......' PO. ...e""..,....."'... K"'A~'" .... "LOTI,) Wlll.I..."" T. 1-t4J11l""80"', III .,jaM"" o. COL!),,,,,".. IJ'Qa IAANCTT P'\.AlA .., ....... 1I.'III..u ..u.........". PO,I OH.C( 1110111 110' T......~A. FUHUOA .1.1_01"'102 T.W".ceIJl.IJ.747.. "'IIIUl.AIII'l' ......,.. TIt'-IX .,Oa'1'110 104r:. u.... lIt..CCOP'Y IIIJt II.'.II~ WR,TE"', ou'rr:r ,llIIr (813) 227-7462 May 12, 1989 Susan A. RUby, Esq. Office of the City Attorney City of Oelray Beach, Florida 100 N.W. First Avenue Delray Beach, FL 33444 He: Jan Abell Kenneth Garcia Partnership, Architects _ Clty of Delray Beach Our File No. 69-9997 Dear Ms. Ruby: I am authorized are prepared to settle to st.:ltc on this claim on behalf of our clients that we the following compromise basis: l. Payment within thirty (30) days of City Council approval of $26,139.30, representing a reduction in the unpaid invoices of $11,000.00. 2. Exchange of Mutual General Releases. 3. Our clients agree to equitably resolve any outstanding invoices they have with their consultants and hold the City harmless from any such claims. This is an offer to settle a disputed claim in which our clients deny any liability to the City of Oelray Beach, Florida. AS SUCh, evidence of this offer, as well as any relevant conduct or statements made in negotiations concerning this compromise, are inadmissible to prove liability for this claim. Our clients j t I . , 1 Susan A. Ruby, Esq. May 12, 1989 Page 2. continue to deny that there is any basis for a reduction of its unpaid inVOices, but are agreeable to this reduction to avoid the cost of litigation. Sincerely yours, . I r; {]i_ _" ROb~rt H.--BU~s~1 RlIB/kk cc: Jan Abell Kenneth Garcia Partnership, 2201 Dekle Avenue, Tampa, FL 33606 Vivian Sa1aga/ATELIER ARCHITECTS 901 progresso Drive, Unit 5, Ft. Lauderdale, FL 33304 ATELIER ARCHITECTS 5452 W. . Crenshaw Street, Suite 1, Tampa, FL 33614 TRENAM. SIMMONS. KEMKER, SCHAR,., 8AIltH.IN, ,.,.yp; &. O'NEILL I MEMORANDUM TO: Francis Bourque, Chairman/Old School Square, Inc. FROM: ~obert A. Barcinski, Asst. City Manager/Community Services DATE: May II, 1989 SUBJECT: Settlement - Abell Garcia Contract Based on our meeting on May 4, 1989 with Jan Abell and John Tessian, the City Attorney has received a final settlement offer. The offer is as follows: "The total negotiated contract amount 1& $ 83,711.24, requiring final payment of $ 26,139.30 to be made wlthin 30 day. of City Commission approval. The architects also agree to idemnify, defend and hold the City harmless for any claims of their (architects) consultants or subcontractors". They do not agree 'to allow the City to pay the subcontractors direct. On February 28, 1989, the City agreed to transfer to Old School Square, Inc. the account balance of $ 45,375.06. From this.balance, Old School Square, Inc. agreed to make final payment to Abell Garcia and utilize fund balance to hire a new architect. On May I, 1989, the City transferred $ 30,000 to Old School Square, Inc. The balance of $ 15,375.06 101111 be transferred to your. account when the Commission approves the final settlement. After the payment by Old School Square, Inc. of $ 26,139.30 to Jan Abell, Old School Square will then have a balance of $ 19,235.76 to pay a new architect. It is the intention of the City Attorney to take offer on the Abell Garcia Contract to the City May 23, 1989 for City Commission approval. this final Commission settlement Meeting on Provide me with any comments payment method and/or transfer that I may include it with the or requests regarding of funds no later than agenda request. the settlement, May 17, 1989, so Thank you for your assistance and cooperation. RAB/sfd cc: Walter O. Barry, City Manager Susan Ruby, Assist8nt City Attorney Marylou StrOllo, Director of Old School Square, Inc. David Huddleston, Director of Finance Attachments: Final Settlement Offer Financial Analysis I I i l , I I . I " /~ r ...~,,/ PLANNING AND ZONING DEPARTMENT MEMORANDUM }(v~ ~ TO: WALTER O. BARRY, CITY MANAGER Q~ ~O~C~~"')R DEPARTMENT OF PLANNING AND ZONING MAY 10, 1989 FROM: DATE: SUBJECT: SCHEDULE FOR PROCESSING ENCLAVE 50 Pursuant to your request at today's Department Head meeting, the following schedule will be followed for proceSSing the annexation of Enclave 50. May 9th June ll:)th June 27th Formal initiation by the City Commission -- done Public Hearing before the Planning and Zoning Board First Reading of Enacting Ordinance by the City Commission Public Hearing and then second reading by the City Commission. July 25th The above schedule cannot be changed once notices are mailed (no later than May 26th) since one mailing is used to notice all the meetings. Since this is a City initiated zoning action, the City Commission hearing must be noticed by letter at least thirty days prior. The schedule cannot be condensed because a) the enacting ordinance cannot be drafted until the zoning recommendations are made by the Board, and b) the annexation requires four consecutive (weekly) notices in the newspaper between first and second reading. DJK/cm c: Elizabeth Arnau, City Clerk Stan Weedon, Enclave Coordinator Frank Spence, Director Development Services Group Enclave 50 File , MEMORANDUM TO: Walter O. Barry, City Manager FROM: ~Robert A. Barcinski, Asst. City Manager/Community Services DATE: May 17, 1989 SUBJECT: Documentation City Commission Meeting Fourth of July Celebration May 23, 1989 ITEM BEFORE COMMISSION City Commission is requested to approve a Fourth of July celebration on the beach. Approval to include a fireworks show, transportation, road of closing if necessary, City staff overtime, marine patrol, flood lights, portable restrooms, and a transfer of funds from Commission Contingency to underwrite the costs of this event. Total estimated costs are between $30,000 - $40,000. BACKGROUND At Commission Workshop on hold a Fourth of July costs for this activity, the costs. May 16th, it was the consensus of Commission to fireworks show on the beach, to underwrite the and to try to raise private donations to offset Costs to have just a fireworks show are $ 40,000. This cost includes the fireworks rental, flood light rental and overtime. finalized until the event is completed. estimated between $ 30,000 - show, marine patrol, trolley Overtime costs cannot be Staff has requested proposals for the fireworks show from three (3) vendors. These estimates have not yet been received. A summary of the estimates and a recommendation of award will be available prior to Tuesday night's Commission Meeting. Staff has begun the planning process for this event. The program will include a 20 - 25 minutes fireworks show which would begin at 9:00 p.m. Staff suggests providing trolley service to provide transportation from the downtown parking lots including City Hall to the beach. The program would not include any entertainment nor a mass publicity campaign. Some in-town publicity is proposed, i.e. posters for local businesses and City faCilities, and a newspaper announcement just prior to the event. As discussed at the Workshop, Staff is attempting to obtain donations from the private sector. If additional information obtained concerning private sector funding prlor to the meeting, we will update the Commission. RAB/sfd 31 I ," ,/,/ , .....",1' I ;... " ~-- MEMORANDUM TO: Walter O. Barry, City Manager FROM: ~Robert A. Barcinski, Asst. City Manager/Community Services DATE: May 22. 1989 SUBJECT: Documentation City Commission Meeting Fourth of July Celebration May 23, 1989 ITEM BEFORE COMMISSION City Commission is requested to approve an award of bid to Ohio Fireworks Manufacturing Display Co., Inc. to provide a 22 - 25 minute display of fireworks, at a cost of $20,000, and to waive formal bidding regulations. BACKGROUND Phone calls were made last week to several fireworks vendors. followed by a letter requesting quotations for a fireworks display consisting of the following: A) Provide a 22 - 25 minute fireworks display. B) Provide 2200 - 2500 total aerial bombs or a limit of $ 25.000 for all costs. C) Company to provide all permits and provide barge with necessary operators. D) Submit liability insurance of $ 1.000,000 naming the City as additional insured. E) Provide technicians to stage fireworks. Two proposals were received from Ohio Fireworks. one proposal from Vitale Fireworks Sales Co., and one proposal from Zambelli Fireworks. The proposals were for a $ 20,000 show and a $ 25,000 show. A summary of the proposals by shell types and sizes is attached. Based on the summary numbers and types of shells. I am recommending an award to Ohio Fireworks for a $ 20.000 fireworks show. Although this company was our vendor two years ago and there was dissatisfaction with the show. other references for this company have been good. Last year's fireworks display cost $20,000 and was put on by the Vitale Company. RECOMMENDATION Staff recommends approval of the award to Ohio Fireworks Manufacturing Display Co., in the amount of $20,000 to provide a fireworks display. and approval of a waiver of formal bidding regulations. RAE/sfd I . . . 1 I . , I I I 31 l I . [ITY DF DELRAY BEA[H / ~/ ,- ~-"''''' ',," , , 100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243-7000 May 17, 1989 Mr. Stephen J. Viatale @ Vitale Fireworks Sales P.O. Box 228 New Castle Pa. 16103 (}) b~' r-~ ~t:". Co. (]) ()Jv,~ F,M v.--/4 Dear Mr. Vitale: Per our telephone conversation of this day, May 17, 1989, I am forwarding this request for proposals to provide a fireworks display for the Ci~y of Delray Beach, on July 4, 1989. The fireworks are to be staged from a barge in the ocean off the main beach at the end of E. Atlantic Ave. This, iJ! to confirm our conversation that your proposal would include the following items: 1. A 22-25 minute fireworks display. 2. 2200-2500 total aerial bombs or a limit of $25,000 for all costs. 3. Vendor to obtain all required permits, i.e., City, Fire Dept., Coast Guard, etc. 4. Provide barge with necessary operators. 5. Submit liabilty insurance certificate, naming the City of Delray Beach as additional insured with a minimum coverage of $1,000,000. 6. Technician(s) to stage fireworks. 7. Barge to be in place no later than 8:30 PM. 8. Fireworks display to begin at 9:00pm. 9. Inventory of shells and outline of show to be submitted with proposal. The City's Internal Auditor shall inspect the shells before the barge departs for Delray Beach on July 4. Proposals will be reviewed and considered by the City Commission on Tuesday, May 23, 1989, and therefore, must be received no later than Monday, May 22. THE EFFORT ALWAYS MATTERS J I j " . , . : I : , , , , I , . , ,1 ~ 'I ! I I I 'Please contact me at your earliest oonvenienoe if you have any questions regarding this matter at (407) 243-7250. Sinoerely, J P B-z stant Director n Department 00: Robert A. Barolnski, Assistant City Manager ~oe Weldon, Direotor Parks and Reoreation File I . . . I I , i r l , . . I f . . . I , I . . SPECIAL PROGRAM #20A, 1989 JULY 4th. CELEBRATION DELRAY BEACH, FLORIDA PRELUDE Minus 60 min. - 1 Flight of 1-3" Titanium Salute Minus 45 min. - 1 Flight of 2-3" Titanium Salutes Minus 30 min. - 1 Flight of 3-3" Titanium Salutes Minus 15 min~ - 1 flight of 4-3" Titanium Salutes Prelude total shells: 10 _} fl / ,: ,. < L.YJ)'" " .' -1- i , I I , ! i ; : , , I , j I I j SPECIAL PROGRAM #20A, 1989 JULY 4th. CELEBRATION DELRAY BEACH, FLORIDA GRAND OPENING 132 Assorted Extra Fancy Floral and Special Effect ~erial Shells 48 - 3" Titanium Aerial Flash Salutes Grand Opening total shells: 180 13 "- '10 (f- ( (\ ~ ~ ,-,x...-e./ '3 " -2- f I i I l , ! . i , . . . , , l / ,. / / ~f( r ( , ~. r -. ,,!I '" I _ c-. 'I l.- \' 'e ---- '-I..' ""!""i ,- ! ~ /"" J ~. ;. (, " ;;.<( ~ (! c- SPECIAL PROGRAM #20A. 1989 JULY 4th. CELEBRATION DELRAY BEACH, FLORIDA SCENE ONE 15 Flights of 3 - 3" Single and Multiple Break Extra Fancy Color Star and Report Shells 8 - 3" Special Effec1:.Silver Whistle Shells 8 - 3" Assort6ultipl;)Break Aerial Shells 6 3" Special Oriental Imported Shells 12 Flights of 2 - 4" Single and Multiple Break Extra Fancy Color Star and Report Shells 6 4" Special Effect Shells With Stars and Six Flash Reports 8 - 4" Assort~iPI~reak Aerial Shells 6 4" Special Oriental Imported Shells 12 - 5" Assorted Extra Fancy Color Star Shells (continued on next page) -3- i .i ~ .. I SPECIAL PROGRAM #20A, 1989 JULY 4th. CELEBRATION DELRAY BEACH, FLORIDA SCENE ONE CONTINUED 6 - 5" Special Effect Tiger Tail Shells 6 - 5" AssortetJ1t.Q,~.:!"p1-.e)}3reak Aerial Shells 6 - 5" Special Oriental Imported Shells 12 - 6" Assorted Extra Fancy Color Star Shells 4 - 6" Special Effect Shell of Shells 6 - 6" Assorte<tMu:rh~Break Aerial Shells 6 - 6" Special Oriental Imported Shells 2 - 8" Special Oriental Imported Shells 1 Flight of 24 - 3" Single and Multiple Break Extra Fancy Color Star and Report Shells Scene One total shells: 195 '3"" "7 ( 'Ill ., <IV __ J d ., ;1.'- " .;l ------ '" l 'j) ::;-;11 (, d' r I, -4- 4 (pJ, ) q ...-, if ~ '1'1 '-Ii; ::t\;-.~ 'I V .Ii 1/ ~ ,-I>.' d- S" SPECIAL PROGRAM #20A, 1989 JULY 4th. CELEBRATION DELRAY BEACH, FLORIDA SCENE TWO -, j 15 Flights of 3 - 3" Single and Multiple Break Extra Fancy Color Star and Report Shells 6 - 3" Special Effect' Shells With Stars and Three Flash Reports 6 - 3" AssorteCUltipi~re8k Aerial Shells 5 - 3" Special Oriental Imported Shells 12 Flights of 2 - 4" Single and Multj;ple Break Extra Fancy Color Star and Report Shells 7 - 4" Special Effect Shells With Serpents and Whistles 8 - 4" Assorte~~ej Break Aerial Shells 5 - 4" Special Oriental Imported Shells 12 - 5" Assorted Extra Fancy Color Star Shells (continued on next page) -5- f j . j l ! i 1 ! , i , ~. i ! SPECIAL PROGRAM #20A, 1989 JULY 4th. CELEBRATION DELRAY BEACH. FLORIDA SCENE TWO CONTINUED 5 - 5" 6 - 5" 5 - 5" 10 - 6" 5 - 6" 6 - 6" 6 - 6" Battle In The Clouds Special Effect Shells Assorte~~~;i;:lgreak Aerial Shells Special Oriental Imported Shells Assorted Extra.Fancy Color Star Shells Special Effect Thunder and Rainbow Shells Assort~ultiPI~reakAerial Shells Special Oriental Imported Shells 2 - 8" Special Oriental Imported Shells 1 Flight of 24 - 3" Single and Multiple Break Extra Fancy Color Star and Report Shells Scene Two total shells: _ J" 187 E-"(,. -6- '-{I..( _ ~I II r'l ~8'-J " d-") - G y '/ .;l - u I I I I I . l . i I ! I , . I I I I . f ~ , I i , I j SPECIAL PROGRAM #20A. 1989 JULY 4th. CELEBRATION DELRAY BEACH. FLORIDA SCENE THREE CONTINUED 6 - 5" Assorte(1fti1tiple ~reak Aerial Shells 8 - 6" Assorted Extra, Fancy Color Star Shells 5 6" Special Effect Shells With Rising Tail 6 - 6" Assorte~ul t:i.ple~Break Aerial Shells 2 8" Special Oriental Imported Shells 1 -12" Special Oriental Imported Shells 1 Flight of 24 - 3" Single and Multiple Break Extra Fancy Color Star and Report Shells Three total shells: 169 J" - t-7 1..1 " - ~I 0 [" - d.Q (, /I - 1'7 'if" .;1 -8- /.1 - I ! , ! i .; ,OJ . --_.. ....., .~. ~ ,~-..:.....~ ...........;::.. " SPECIAL PROGRAM #20A, 1989 JULY 4th. CELEBRATION DELRAY BEACH, FLORIDA SCENE FOUR 1" 15 Flights of 3 - 3" Single and Multiple Break Extra Fancy Color Star and Report Shells 6 3" Special Effect Shells With Stars and Flying Whistles '~...;-:: 6 - 3" Assorted Multiple Break Aerial Shells 5 - 3" Special Oriental Imported Shells 15 Flights of 2 - 4" Single and Multiple Break Extra Fancy Color Star and Report Shells ?- ~ ~.. 7 '" 7 ?-' 6 4" Special Effect Shell of Shells ./ 4" Assorted Multiple Break Aerial Shells 4" Special Oriental Imported Shells 6 - 5" Assorted Extra Fancy Color Star Shells 8 5" Special Effect Palm Tree Shells ( continued, on. next ipag~) -9- ; I . i . I . ! ! ~ i , ; i . , f SPECIAL PROGRAM #20A, 1989 JULY 4th. CELEBRATION DELRAY BEACH, FLORIDA ~ 6 - 5" 6 - 5" 6 6" SCENE FOUR CONTINUED - .....::: Assorted Multiple Break Aerial Shells " Special Oriental Imported Shells Assorted Extra Fancy Color Star Shells 5 -'&n=Special Effect Shell~With Multiple 'Bursting Rising Flowers 5 6" Assorted MultiPle~reak Aerial Shells 8 - 6" Special Oriental Imported Shells 2 - 8" Special Oriental Imported Shells 2 -12" Special Oriental Imported Shells Scene Four total shells: 166 <" -- C,-" -' c' , - jd I - (;11 -=- ole. {, " ::- ,;. -( ::- ~ -10- I f . I i J , . SPECIAL PROGRAM #20A, 1989 JULY 4th. CELEBRATION DELRAY BEACH, FLORIDA GRAND FINALE 800 - 1" Aerial Shell Barrage Consisting Of Extra Fancy Floral And Static Effects 348 Assorted 3" Extra Fancy Floral And Special Effect Shells 72 3" Extra Heavy Titanium Aerial Flash Salutes 2 4J1 Special Oriental Imported Shells 2 5" Special Oriental Imported Shells, 2 - 6" Special Oriental Imported Shells 2 - 8" Special Oriental Imported Shells 1 -12" Special Oriental Imported Shell \" _ g-oo Grand Finale total shells: 1,229 , .' 'i ,f.tJ ";' -:0 ~ ,~ \..j , , I - ~ - ;J ; ;) -= I --;"'''' <) fr' -11- ,~ ! . .' I ! l I t, SPECIAL PROGRAM #20A. 1989 JULY 4th. CELEBRATION DELRAY BEACH, FLORIDA AERIAL DISPLAY SUMMARY PRELlJDE .................. 10 180 195 187 169 166 1,229 GRAND OPENING ............ SCENE ONE SCENE TWO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCENE THREE .............. SCENE FOUR ............... GRAND FINALE ............. GRAND TOTAL OF AERIAL SHELLS ... 2, 136 -12- , . . I : . ! ; 1 'I ! I I I VITIlLE A VITAlE F'IREKIU(S SPEx::rAL ~ PRESENrATIOO Em: CIT.i OF DEmAY BElICH DEmAY' BElICH, FILlUIlI\. DATE: JULY 4, 1989 $25,000.00 - AERIAL DISPLAY AM:XMl': 'lhi.s Sf>"<"holly Designed Display Includes the Following: 1. ()]r !Ale Millial Dollar (CSL) Insurance Policy. 2. ()]r Trained Pyrot:echn:icians to Set Up & Fire the Display. 3. All Transportation & Delivery Casts. 4. All Material & Equipnent N= ~ to Fire the Display. 5. All ~"'''Y Safety Precautions to Provide a Safe, Spectacular Evening of Fi.re<.works Entert:ai.roent. 6. A High Q.Jality 0I0re0gr<qXIed Display Designed to Provide the Best Ccni:linatialS of Color & Effects. 7. Vitale Shell Size is Det:emri.ned by Di.anet:er Measurement. 8. A Barge to Exhibit the Display. Entertainment Presentation I . . . , . J I I . , . j . . . . . . . . I . I 1 VITIlLE **SPEx::rAL m:x;R1\M PRESENrATIOO** CIT.i OF DEmAY BElICH DEmAY BElICH, FILlUIlI\. JULY 4, 1989 $25,000.00 - AERiAL DISPLAY 0PmIN; BARRl\GE 60 - Assorted Color Star Shells & Titanium Salutes 4 - 4 n Imported Peony Shells 4 - 5 n Imported Peony Shells 2 - 6 n Imported Peony Shell I - 8 n Imported Chrysanthemum Shell THREE IN:E ~;r,!; I - Flight of 3 Blue Star Shells 1 - Flight of 3 Purple Star I - Flight of 3 Purple & White Flitter Shells I - Flight of 3 Gold Star Shells I - Flight of 3 Red & White Shells 2 - Flight of 3 Fancy Glitter Shells 1 - Flight of 3 Glittering Silver to Blue Chrysanthemum Shells I - Flight of 3 Glittering Silver to Red Chrysanthemum Shells I - Flight of 3 Glittering Silver to Green Chrysanthemum Shells I - Flight of 3 Glittering Silver to Purple Chrysanthemum Shells 2 - Flight of 3 Gold Spangle Shells 2 - Flight of 3 Tigertail Shells 2 - Flights of 3 Red w/Green Heart 2 - Flights of 3 Silvery Swallow Chrysanthemum Shells Shells 2 - Flight of 3 Color Peony Shells 2 - Flights of 3 Blue Diamond Shells I - Flight of 3 Spring Garden Shells 2 - Flight of 3 Glittering Gem Shell I of 7 Entertainment Presentation , . . . j I I I VITlllE **SPEx::rAL PRCGR1lM PRESENrATIOO** CIT.i OF DEmAY BElICH DEmAY BElICH, FILlUIlI\. JULY 4, 1989 $25,000.00 - AERIAL DISPLAY THREE IN:E !':HF.r.T'!; <XNl'INlJED I - Flight of 3 Red Peony Shells I - Flight of 3 Blue Peony Shells I - Flight of 5 Tourbillion Shells I - Flight of 5 Serpent Shells I - Flight of 5 Spiderweb Shells I - Flight of 5 Whistle Shells 3 - Battle In The Clouds 3 - Machine Gun Shells FUJR IN:E ~.T.~ I - Flight of 3 Red Star Shells I - Flight of 3 Blue & Gold Flitter Shells I - Flight of 3 Lightning Bug Shells I - Flight of 3 Glittering Silver to Red Chrysanthemum Shells I - Flight of 3 Silver Chrysanthemum Shells 2 - Flight of 3 Tri-COlor Ball Shells I - Flight of 3 Red Peony Shells 2 - Flight of 3 Green wIRed Heart Chrysanthemum Shells I - Flight of 3 Green Star Shells I - Flight of 3 Fancy Flitter. Shells I - Flight of 3 Red to Flickering Silver Chrysanthemum Shells I - Flight of 3 Golden Spangle Shells I - Flight of 3 Palm Tree Shells 2 - Flights of 3 Blue Brocade Shells I - Flight of 3 Green Peony Shells 2 - Flight of 3 Spring Garden Shells 2 of 7 Entertainment Presentation I I . . 1 ~ , I . , 1 I I / / / VI TillE **SPEX:rAL PRCGR1lM PRESENrATIOO** CIT.i OF IlErnAY BElICH IlErnAY BEI\CH, FILlUIlI\. JULY 4, 1989 $25,000.00 - AERIAL DISPLAY FUJR IN:E ~.T.~ CXNl'INUED I - Flight of 3 White Chrysanthemum I - Flight of 3 Red Silk Shells Shells I - Flight of 3 Spiderweb Shells 2 - Machine Gun Shells I - Gold Flitter Shell of Shells I - Red Star & Dianthus Shell I - Flight of 3 Whistle Shells I - Flight of 3 Tourbillion Shells 2 - Battle Iri The Clouds I - Purple & White Flitter Shell of Shells I - Flight of.2 Serpent Shells 2 - Flights of 3 Hunmingbird Shells FIVE IN:E =.T.~ 2 - Flights of 2 Mixed Color Shells I - Flight of 2 Gold Star Shells 2 - Flight of 2 Green & Gold Flitter Shells I - Flight of 2 Purple & White Flitter Shells I - Flight of 2 Blue & Gold Flitter 2 - large Spreading Gold Wave to Shells Red & Green Chrysanthemum Shell 2 - large Spreading Red Gamboge to Red & Flicker Chrysanthemum Shells 2 - large Spreading Gold Wave to Red & Blue Chrysanthemum Shells 2 - large Spreading Lightning Bug Shells 2 - large Gli ttering Silver to Red Diadem Chrysanthemum Shells 2 - large Spreading Palm Tree Shells 2 - large Spreading Color Changing Shells 3 of 7 Entertainment Presentation 1 I . , : i . ! I I VI TilLE **SPEX:rAL ~ PRESENrATIOO** CIT.i OF IlErnAY BEI\CH IlErnAY BEI\CH, ~ JULY 4, 1989 $25,000.00 - AERIAL DISPLAY FIVE IN:E =.T'!; <XNl'INlJED I - Flight of 2 Red Peony Shells I - Flight of 2 White Peony Shells 2 - Flight of 2 Color Peony Shells 2 - Flight of 2 Blue Peony Shells 2 - Imported Full Bloan Garden Shell 2 - Imported Tri-COlor Ball Shells 2 - Imported Red w/Green Heart Shell 2 - Imported. Color Flower Shells 2 - Imported Green Brocade Shell I - Shell of Shells 2 - Imported Blue Brocade 2 - H\llm\i.ngbird Shells 2 - Spiderweb Shells I - Star & F.F. Shots SIX DCH =.T'!; 2 - Mixed Color Star Shells I - PUrple Star Shell I - Green & Gold Flitter Shell I - Blue Star Shell 2 - Red, White & Blue Shells 2 - White Flitter Shells I - large Spreading Gamboge to Green, Blue, & Purple Chrysanthemum Shell 2 - large Spreading Palm Tree Shell I - large Spreading Gold Chrysanthemum w/Rising Tail 2 - Large Spreading Golden Silk Shells I - large Spreading Glitter Gold to I - large Spreading 2 Color Green Diadem Chrysanthemum Shell Changing Chrysanthemum Shell I - large Spreading Brocade Diadem 2 - large Spreading Blue to Red Shell Chrysanthemum Shells 2 - Imported Color Flower Shells 2 - Imported Fighting Drum w/Cracker Shells 4 of 7 Entertainment Presentation " ... it i I i . . j . . 1 I . t I . . , . VITlllE **SPEX:rAL ~ ~OO** CIT.i OF IlErnAY BElICH DEmAY' BElICH, ~ JULY 4, 1989 $25,000.00 - AERIAL DISPLAY SIX DCH =.T'!; CXNl'INUED 2 - Imported Spring Garden Shells 2 - Imported Color Peony Shells 2 - Imported Green Brocade Shells 2 - Spiderweb Shells I - Shell of Shells I - Imported Silvery Swallow Shells 2 - Imported Silver Peony Shells 2 - Imported Red Rose Shells I - HunmingbiI-d. Shell EIGn' IN:E =.T.~ ~2 - Imported Blossan After Thunder Shells 2 - Imported Color Flower Shells 2 - Imported Green Peony Shells 2 - Imported White Peony Shell 2 - large Spreading Tigertail Shell of Shells 2 - large Spreading Gold Ripling Chrysanthemlnn Shell I - Imported Red Peony Shell I - Large Spreading Red to Green Peony Shell 2 - large Spreading Brilliant Brocade Chrysanthemum Shell 2 - large Spreading Palm Tree Shell TEN DCH SHELLS 2 - Imported Twitter Glitter Shell 2 - Imported Red Flower Ring Shell 2 - large Spreading Blue to Glittering Silver Chrysanthemum Shell 5 of 7 Entertainment Presentation ,j 'I . . I 1 , I VI TilLE **SPEX:rAL ~ PRESlNrATIOO** CIT.i OF IlErnAY BEI\CH IlErnAY BEI\CH, ~ JULY 4, 1989 $25,000.00 - AElUAL DISPLAY 'lWELVE IN:E =.T,!; I - Imported Red Peony Shell 2 - large Spreading Color Changing Peony w/Pistil Shell MID SIm BAR1U\GE 5,0 - 3" Assorted Color Stars & Titanium Salutes 24 - 4" Assorted Color Stars & Titanium Salutes 4 - 5" Imported Color Peony Shells 2 - 6" large Spreading Chrysanthemum Shells GRAND FllWB 80 - 2 1/2" Assorted Color Star & Titanium Salutes 600 - 3" Assorted Color Stars & Titanium Salutes 30 - 4" Assorted Color Star & Titanilnn Salutes 5 - 5" Flahs Titanium Salutes 6 - 4" Imported Color Peony Shells 3 - 5" Imported Color Peony Shells 10 - 5" large Spreading Chrysanthemum Shells 8 - 6" large Spreading Chrysanthemum Shells 4 - a" large Spreading Chrysanthemum Shells 2 - 10" large Spreading Chrysanthemum Shells 2 - 12" large Spreading Chrysanthemum Shells 6 of 7 Entertainment Presentation . ~.. ,.- i ,/ / / VI TilLE **SPEX:rAL ~ PRESENrATIOO** CIT.i OF IlErnAY BElICH IlErnAY BElICH, ~ JULY 4, 1989 $25,000.00 - AElUAL DISPLAY 'IDrAL SHELL <XXlNl' Opening Barrage 71 3" llO 1 / 4" 90 5" , , 'I 58 " ~ 6" 39 8" 18 ' ") 10" 6 12" 3 Mid-Show Barrage ao Grand Finale 750 Total Shells 1225 SHELL SE:LEl::TIoo SUB.JFrr 'ill AVAlIABILI'lY - 7 of 7 Entertainment Presentation ..~ttk ..;~.~.:. :- -. -.::7,/, \ 1"" .. '-/~ ' . -,""':;'-""",. ( ~'...........I -~. .i4~:,!) ~~ -.--:~ "'1l~ " .... :.,-- . ,. '. ~ _\\ "t 'I,: ~.;.\ .~~ '. I I ~..'~'" II"..,,,, · ~!:E=-=-C ~~lTRi\J1\. no \JiUJL FIREWORKS MANUFACTURING COMPANY, INC. U, S, Corporata Haadquarters - P. O. Box 1463, New Castle. Pennsylvania 16103. (412) 658-6611 Outside Pa. (800) 245.()397. FAX (412) 658-8318 Southern Region - 299 N. W. 52nd Terrace, Suite 118, Boca Aaton. Florida 33487, (407) 994-1588- FAX (407) 241-1727 Western Region - p, O. Box 130, Riallo, California 92376. Office (714) 822-2247/2248. FAX (714) 822-6068 May 17, 1989 Mr. Joseph Dragon City of Delray Beach Parks and Recreation Department 50 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Dragon: On behalf of Marcy and myself, we would like to thank you for being so receptive on our phone conversations of May 17, 1989. As we had discussed, I am enclosi~g our proposals in the amounts of $20,000 and $25,000 for your review. You will please notice that I have included a "sample" firing script, which details the effects that will be displayed throughout your e~re program. Please keep in mind that what we are proposing is a high caliber aerial display with effects ranging from 3" through 12" in diameter and display heights of approximately 300'-1200'. Our proposals do not included I" multiple shot repeater~, which are very inexpensive items and could be supplied if necessary. Also, as you had requested, our price does include the barge rental fees, which we have estimated at approximately $3,000. You mentioned that you will make the necessary arrangements with your Police Department for the Marine Patrol that will be required and if we are awarded the contract, we will inform you of the dock location where the program will be assembled. As an exclusive manufacturer of pyrotechnics, we offer you the opportunity of buying direct. We will assure you of a trademark brand, plus provide you with the utmost in service and the finest of insurance protection. I am proud to mention that our Insurance coverage is in the amount $3,000,000, with an A+ XIV RATED company. I have enclosed our company brochure sure you will find very informative. along with other refer~~e material that I am -r~ ,u14oo.~l: Since 1893-. Fireworks Manufac"ture and Display ~2 Y~::';"_:J:!!:. t.~. .....;-n .. :..;...'~~.:.;.:.;.;.;.~~. , I I I ,I f , , I I I ti \. r . ZAMBELLI INTERNATIONALE FIREWORKS MFG. CO., INC. Mr. Joseph Dragon Delray Beach, Florida May 17, 1989 P age Two I am proud to call to your attention several of the major programs that we have recently hosted. First of all, we were once again host to many of the major Bowl games this year, including the Liberty Bowl and the Orange Bowl, which we hope you had an opportunity to view on television. Also, we began with daytime and nightime displays in Miami, Florida sponsored by Radio City Music Hall and Roya I Viking Cruise Lines as the new ship, the Roya I Viking Sun, made its journey to the Caribbean, through the Panama Canal and up to California, where we once again hosted a daytime display in San Diego and a daytime and nightime program in San Francisco. The cruise ship picked up its passengers in California and traveled on a three month tour around the world. We were also thrilled to host a fireworks extravaganaza in Puerto Rico on behalf of the Governor's Inauguration on January 2, 1989. As a result of this grand program, we were invited to host the fireworks program which was held on January 9, 1989 in Puerto Rico .on behalf of the Mayor's Inaugurat.ion. I have enclosed an article that appeared in the December 12, 1988 edition of U.S. News & World Report about Amazing Fam.ilies, which I hope you wi 11 find enjoyable along with an article from the Italian Times. Once again, on behalf of Marcy Zambelli and myself, .we would like to thank you fOf"- this opportunity. Shcwld--you require further informatIon -or as you had mentioned, if what we are proposing differs from the letter that you are sending, I would be more than happy to send along the necessary additional information. In the meantime, should you have any immediate questions or if Marcy or I can be of any further assistance to you, please do not hesitate to contact us. Best Wishes and above all, let's please stay in touch. Yours very truly, MDRtcap Enc: Proposalst"Sample" Firing Script, Zambelli Internationale Brochure, Flyers, Press Releases, References, Articles from U. S. News & World Report and Italian Times. ;2#,2'" Michael D. Richards CO., INC. cc: Ms. Marcy Zambelli Florida Representative EMERY AND PUROLATOR , .. . ~; ., . I , 1 ~ ZAMBELLI INTERNATIONALE FIREWORKS MANUFACTURING COMPANY, INC. CITY OF DELRAY BEACH DELARY BEACH, FLORIDA GRAND OPENING: Four Inch Tiger Tails Five Inch Palm Trees Five Inch Tiger Tails Six Inch Palm Trees Eight Inch Chrysanthemum OPENING FINALE SHELLS: Three Inch Shells Four Inch Shells Five Inch Shells Six Inch Shells Eight Inch Shells BODY OF PROGRAM: Three Inch Shells Four Inch Shells Five Inch Shells Six Inch She lIs Eight Inch Shells Ten Inch She lIs Twelve Inch Shells GRAND FINALE SHELLS: Three Inch Shells Four Inch Shells Five Inch Shells Six Inch Shells Eight Inch Shells Twelve Inch Shells ~ MAY 17, 1989 SYNOPSIS $20,000.00 8 4 8 4 1 --;T' 2.~ 160 12 10 4 1 - 'n 180 130 80 60 10 5 2 Yr.1 440 24 10 8 1 1 L{ 1"1 20 ~I>:t,.p - II ~3 SPECIAL PROGRAM U25A, 1989 JULY 4th CELEBRATION DELRAY BEACH, FLORIDA PRELUDE Minus 60 min. - 1 Fligh t of 1-3" Titanium Salute Minus 45 min. - I Flight of 2-3" Titanium Salutes Minus 30 min. - I Flight of 3-3" Titanium Salutes Minus 15 min. - 1 Flight of 4-3" Titanium Salutes PRELUDE total shells: 10 -l- SPECIAL PROGRAM #25A, 1989 JULY 4th CELEBRATION DELRAY BEACH, FLORIDA SCENE ONE CONTINUED 6 - 5" Special Effect Tiger Tail Shells 3 - 5" Special Effect Palm Tree Shells (lAY 8 ~ - 5" Assorted Multiple Break Aerial Shells 7 - 5" Special Oriental Imported Shells 17 - 611 Assorted Extra Fancy Color Star Shells 6 - 6" Special Effect Shell of Shells /I" r 1~ - 6" Assorted Multiple Break Aerial Shells JT 7 - 6" Special Oriental Imported Shells " /I~r boJr- 8" Special Oriental Imported Shells I -12" Special Oriental Imported Shells I Flight of 24 - 3" Single and Multiple Break Extra Fancy Color Star and Report Shells SCENE ONE total shells: ~ VCr f 2. 62- -4- ~ SPECIAL PROGRAM 125A, 1989 JULY 4th CELEBRATION DELRAY BEACH, FLORIDA SCENE TWO 25 -Flights of 3 - 3" Single and Multiple Break Extra Fancy Color Star and Report Shells 6 - 3" Special Effect Shells with Stars and Three Flash Reports 6 - 3" Assorted Multiple Break Aerial Shells 5 - 3" Special Oriental Imported Shells 12 Flights of 2 - 4" Single and Multiple Break Extra Fancy Color Star and Report Shells. 7 - 4" Special Effect Shells with Serpents and Whistles 2 - 4" Special Effect Tiger Tail Shells 8 - 4" Assorted Multiple Break Aerial Shells 7 - 4" Special Oriental Imported Shells 12 - 5" Assorted Extra Fancy Color Star Shells 5 - 5" Assorted Color Transformation Shells (continued on next page) -5- , , SPECIAL PROGRAM U25A, 1989 JULY 4th CELEBRATION DELRAY BEACH, FLORIDA SCENE TWO CONTINUED /l V])' e -60 - 5" Assorted Multiple Break Aerial Shells 6 - 5" Special Oriental Imported Shells IS - 6" Assorted Extra Fancy Color Star Shells S - S" Battle In The Clouds Special Effect Shells 3 - S" Special Effect Palm Tree Shells 7 - 6" Special Effect Thunder and Rainbow Shells -:Jfl.' 1~- 6" Assorted Multiple Break Aerial Shells 7 - 6" Special Oriental Imported Shells 11() 5 ~ - 8" Special Oriental Imported Shells I -12" Special Oriental Imported Shells 1 Flight of 24 - 3" Single and Multiple Break Extra Fancy Color Star and Report Shells SCENE TWO total shells: ?-Jj.J) ~ 2.IfS -6- . l SPECIAL PROGRAM H25A, 1989 JULY 4th CELEBRATION DELRAY BEACH, FLORIDA SCENE THREE 25 Flights of 3 - 3" Single and Multiple Break Extra Fancy Color Star and Report Shells IO - 3" Special Effect Static Shells 8 - 3" Assorted Multiple Break Aerial Shells 12 Flights of 2 - 4" Single and Multiple Break Extra Fancy Color Star and Report Shells 8 - 4" Special Effect Shells with Stars and Six Flash Reports 3 - 411 Special Effect Battle In The Clouds Shells 8 - 4" Assorted Multiple Break Aerial Shells 9 - 5" Assorted Extra Fancy Color Star Shells 5 - 5" Special Effect Color Transformation Shells 6 - 5" Special Effect Compartment Shells (continued on next page) -7- '. SPECIAL PROGRAM H25A, 1989 JULY 4th CELEBRATION DELRAY BEACH, FLORIDA SCENE THREE CONTINUED 2 - 5" Special Effect Palm Tree Shells "2t9P, e ~ - 5" Assorted Mul tiple Break Aerial Shells 13 - 6" Assorted Extra Fancy Color Star Shells 8 - 6" Special Effect Shells with Rising Tail "J;P S ;;- - 6" Assorted Multiple Break Aerial Shells "'~9 f '..Jr- 8" Special Oriental Imported Shells 1\ "'Dr 3 1!- -12" Special Oriental Imported Shells -/, I Flight of 24 - 3" Single and Multiple Break Extra Fancy Color Star and Report Shells SCENE THREE total shells: ~ V}f ~2 8 -8- , ~ " '---.- SPECIAL PROGRAM U25A, 1989 JULY 4th CELEBRATION DELRAY BEACH, FLORIDA SCENE FOUR 25 Flights of 3 - 3" Single and Multiple Break Extra Fancy Color Star and Report Shells 6 - 3" Special Effect Shells with Stars and Flying Whistles 6 - 3" Assorted Multiple Break Aerial Shells 5 - 3" Special Oriental Imported Shells 15 Flights of 2 - 4" Single and Multiple Break Extra Fancy Color Star and Report Shells 7 - 4" Special Effect She'll of Shells 3 _ 4" Special Effet t Hammer Shells 7 - 4" Assorted Multiple Break Aerial Shells 7 - 4" Special Oriental Imported Shells 6 - 5" Assorted Extra Fancy Color Star Shells 5 - 5" Special Effect Color Transformation Shells 8 - 5" Special Effect Palm Tree Shells (continued on next page) -9- SPECIAL PROGRAM U25A, 1989 JULY 4th CELEBRATION DELRAY BEACH, FLORIDA SCENE FOUR CONTINUED (J 'f ./- /t!ji 2 - 5" Special Effect Tiger Tail Shells e ~ - 5" Assorted Mul tiple Break Aerial Shells 7 - 5" Special Oriental Imported Shells II - 6" Assorted Extra Fancy Color Star Shells 8 - 6" Special Effect Shells with Multiple Bursting Rising Flowers ">l6';' 6" Assorted Multiple Break Aerial Shells 9 - 6" Special Oriental Imported Shells (l I'}~\i fD ~ - 8" Special Oriental Imported Shells - I' I't,f If .;. -12" Special Oriental Imported Shells SCENE FOUR total shells: ~lf' ~ 22.4 -IO- SPECIAL PROGRAM #25A, 1989 JULY 4th CELEBRATION DELRAY BEACH, FLORIDA GRAND FINALE 800 - I" Aerial Shell Barrage Consisting Of Extra Fancy Floral And Static Effects 348 - 3" Assorted Extra Fancy Floral And Special Effect Shells 72 - 3" Extra Heavy Titanium Aerial Flash Salutes 2 - 4" Special Oriental Imported Shells 2 - 0" Special Oriental Imported Shells J 2 - 6" Special Oriental Imported Shells 2 - 8" Special Oriental Imported Shells 1 -12" Special Oriental Imported Shell GRAND FINALE total shells: 1,229 -11- ;.:-: ~ ~ . MEMORANDUM TO: Walter O. Barry City Manager FROM: e) David M. Huddleston Director of Finance SUBJECT: Auditing Services DATE: May 2, 1989 The City's contract for auditing services with Ernst terminated. The contract covered a three-year period financial audit of the fiscal year ending September 30, audit is required by Florida Statutes. and Whinney has ending with the 1988. An annual The City may either send out requests for proposal or negotiate with Ernst and Whinney for a new contract as was done three years ago. I would recommend that the City seek to negotiate a new contract with Ernst and Whinney for the following reasons: 1. The City has submitted for review and has received the Certificate of Excellence in Financial Reporting, the highest form of recognition in governmental accounting and financial reporting for fiscal years ending September 30, 1983, 1984, 1985, 1986 and 1987. The City has submitted the September 30, 1988 report for review, also. The efforts and technical assistance of Ernst and Whinney have been very beneficial in this endeavor. 2. The supervisory and management personnel assigned to our audit have been consistent from year to year. 3. Ernst and Whinney is a "Big Eight Accounting Firm," and their size has been instrumental in providing expertise in various areas (i.e., Bond Financing, Investments, Rate Analysis and Management Studies). Ernst and Whinney has also provided tax reporting assistance for board members and employees along with copies of the various forms required. I am also recommending that the City negotiate with Ernst and Whinney to have them do the audits for the Community Redevelopment Agency, Golf Course and Mausoleum. The City is reliant on the financial reporting of these entities and either includes the information in our annual financial report or we require the information as part of our contract. The alternative to negotiating with Ernst and Whinney would be to request proposals from other auditing firms. The request for proposal guidelines would require approximately three months from initial mailing to award. Based upon the above information, I authorize staff to negotiate a contract Commission's approval of the final terms DMH/sam recommend that City with Ernst and Whinney and conditions. Commission subject to . ~- ~ ;~"t:-';~ ~, A.. . :o;:,! .~:... , ,1""- [ITY DF DELAAY BEA[H 100 N.W 1st AVENUE DE LRA Y BEACH, F LOR I DA 33444 M E M 0 RAN DUM TO: Walter O. Barry, City Manager THRU: John W. Elliott, Jr., ~ Assistant City Managerl Management Services ;!/'/I- FROM: Ted Glas, Purchasing Director DATE: May 2, 1989 SUBJECT: Documentation - City Commission Meeting May 23, 1989 Disposition of Surplus & Obsolete Items from Public Utilities Decartment Item Before Citv Commission: The City Commission is requested to approve the disposition of surplus and obsolete equipment by means of sealed bids. Backqround: The Public Utilities Department has a variety of repair clamps, service saddles, couplings, bushings, etc. that are no longer needed by their Department (Per attached lists). Other Cities may have a need for some of these items. By means of a sealed bid procedure, these items could be offered for sale to other cities along with vendors who sell these type items. Also, invitations to bid could be sent to area scrap metal dealers in case no one else wants to purchase them. The items could then be sold to the highest bidders. Recommendation: It is recommended that the Purchasing Department be authorized to sell the attached list of items by means of a sealed bid procedure to the person, firm, corporation, or government sUbmitting the highest and best offers. Attachments List of Surplus & Obsolete Items pc Robert Barcinski Larry Martin Al Monteleone Leon Slydell 3"3 THE EFFORT ALWAYS MATTERS fl? ..,; " '- ~ ., 305/243.7000 PROPERTY DISPOsmON. RELEASE OF CUSTODY FORM t{/;n(~4 DATE 1HI! FOLLOWING Itt'" SURPLUS (J", b '" '-- Vii /,'-h.... s; DEPARTMENT PROPERTY IS: (CHECK ONE I o OBS01EI'E o TRANSFERRED TO (DEPT,) o OTHER INVENTORY DESCRIPTION MODEL & LOCATED AT .CON- ..o.a. AMOUNT NUMBER SERIAL NO. DITION I'C*T1ClN S-r;.e/ ~I'r/.ts VG~ W&4h.J.- ~/J;,>/~..,~ I?..) (. IAJ,.,,..fh w",l-<.. j)/Ni I /I II /' II I IIJ't6 II II ~xt (/ ,I :2- It II 6xt. II II 2- II II AtXJ.j II II 1 cAILi-+-/J -meh; II II tI vecT- !'/A,d..," :2- /lyJytu.i l?1e ,4,0... s' II II I;z. /11-eI-t!:... e/.~h1h'...~ II '1 /00 ~ AI~ OI-tiIV~ /I ~x% (Jot.., ,q~. IN~e"/.S /( /1 ~ /{Frn.. pi ~ f/.! ""3t:'o TO 8. CClM'LlnD BY PURCHAIING ONLY 'CONDITION UNUSED ....... UU WORN OUT ..... WO REPAIRABLE ... R USABLE ....... U CANABALIZED . . . C NOT REPAIRABLE. NR "DISPOSITION AUCTIONED . . . . . 1 THROWN AWAY. . . 2 FORMAL BID ... 3 SOLD SCRAP ... 4 TRANSFERRED... 5 OTHER. . . . . . . . . 6 CERTIFICATION AS TO: ~ ./ STATUS - DEPARTMENT HEAD / /.?;:p~ J2:'-<.J>ATE .;::/' . DISPOSITION - PURCHASING DATE c>~h ~k RECORDED - FINANCE DATE RETAIN PINK COPY FOR YOUR RECORDS, FORWARD TO PURCHASING. r , ~ j 1 . J , r L l. l. . I ,~ ~.~ ~.c ... 1';. ~- ,~. nil FOLLOWING Itbll" tltl'/'f./~S. DEPARTMENT PROPERTY IS: I CHECK ONE I ~ SURPLUS 0 OBSOLETE 0 TRANSFERRED TO (DEPT,) o O11fER PROPERTY DISPOSmON. RELEASE OF CUBrODY FORM q /9- '7{Y4 DATE INVENTORY DESCRIPTION MODEL & LOCATED AT .CON~ ..01.- AMOUNT NUMBER SERIAL NO. DITION I'C8IT1ON ~1!.""~.'.... 1:4"....., J).. X If? M,;o /.J. .., I,; /J/n,v/- ~ , , II I' 17.. II fJ I' H :2- II /I 10 1 e II 'I I # " 'I II If fo ~ 111 ;2 If II /0 X I B I' /I 5 II II If) X ~o II " I If If :z. ijv. I B II I~ I /I f{ 81<7 11 II 3 II I I ~ x. Il- II (f I II II (, l 7 II II ? I, II /, ) 10 I( t( .:2.. /I /I {, X ,2- If t( 2- If II {, J(""l. 0 I( II I II II ~X l> II tf I 1/ II 'YX7 II II 3 II 1/ #fx /0 II If 3 II 1/ ~'j.15 f( II J /I II II II TO BE ~LlTED BY PURCHA8lNG ONLY '(ONDI110N UNUSED ....... UU WORN OUT ..... WO REPAI RABLE ... R USABLE ....... U CANABALIZED . . . C NOT REPAIRABLE. NR **DlSPOSITlON AUCTIONED . . . . . 1 THROWN AWAY. . . 2 FORMAL BID ... 3 SOLD SCRAP ... 4 TRANSFERRED.. .5 OTHER. . . . . . . . . 6 CERTIFICATION AS TO: ~ . STATUS - DEPARTMENT ~ Y ~~~.l<DATE DISPOSJTION - PURCHASING DATE ~~~0 RECORDED - FINANCE DATE RETAIN PINK COPY FOR YOUR RECORDS, FORWARD TO PURCHASING. I r - , L . ~ - , l , , L I JI:.. -", -! , .-, ,. ~+ '.' ~.,' <1\1:,-:, ~ 1HE POWlWING ~URPLlJS PROPERTl' DISPOSmON. RELEASE OF CUSTODY FORM ~ 1;)7 (<r9 DATE It~ It~ VIi!;/' ;'s DEPARTMENT PROPERTY IS: I CHECK ONE I CJ OBSOLETE CJ TRANSFERRED TO (DEPT,) CJ OTHER -:,ENTORY DESCRIPTION MODEL & LOCATED AT .CON. ..0'1. AMOUNT MBER SERIAL NO. DITtON ~ON S kI1fl4l~" ~A"/~ C/a"AS :2 II W~f<... 4,...I""J,U!UIJV ~ II I( t.. II It ,I / 2- ~I I I I' Iji/ /I If 2/ 5kl",,,..J:. <. Culcl~ / t.. 3.-'.H 'I " SS I II II / f1t)( ~/ II 1/ 9~1 II It /t,.x. ~ II II ~2. II II 1- X ~/ q 1/ 97 II II :;.h. '(. ~ II '( 2't (.?AJ.,,,.. ,<;"....r/O' L_ J/I .1/ )( ;1. f' II /1 :2 II I( 6 J( $I... /I II /.2. II 'I {;x;t. 1/ 11 ~I ;,. '1 e )( 3,#./ I( I( /../ / I II /f/ i y, /1 ~/ /0 /'].l( J,{, '( ,/ " II I ( I I /1 12X 1- II II ~ - .. TO 81 COMI'LETlD 8Y PlJIICHA8lNQ ONLY ilONDI110N UNUSED ....... UU WORN OUT ..... WO REPAIRABLE ... R USABLE ....... U CANABALIZED . . . C NOT REPAIRABLE. NR "DISPOSITION AUCTIONED . . . . . 1 THROWN AWAY. . . 2 FORMAL BID '" 3 SOLD SCRAP ... 4 TRANSFERRED... 5 OTHER. . . . . . . . . 6 CERTIFICATION AS TO: ~. ~ ~ $TATUS-DEPARTMENT~ ~/~-~UE ,o~. :z::-:: ,'- DISPOSITION - PURCHASING DATE RECORDED - FINANCE DATE RETAIN PINK COPY FOR YOUR RECORDS, FORWARD TO PURCHASING. I L ~ ; L 1 L > . .Ji 1". ' -&~. c.'''' ~'.. ,~ 11fE FOLLOWING a j, lu. 1/11, // It.! {" , ~URPLtJS 0 OBSOLETE PROPER'tl' DISPOSITION, RELEASE OF CUSTODY FORM l{ I~? {r~ DATE DEPARTMENT PROPERTY IS: (CHECK ONE J o TRANSFERRED TO (DEPT,) o <mfER INVENTORY DESCRIPTION MODEL & LOCATED AT .CON- ..DIS. AMOUNT NUMBER SERIAL NO. DITION .....ON J7J,yc://,,; .);,.v/~ C. /JI. /2-11 I hI- 1. ~('4,'j".L ::2. I I II i2XJ?i fl (( J II 'I 12x .2- II II 7 Rockwell ~....~V e. '/./1.. I'4X ~ II ( I ~ II II /lLx I 'I ( I 7 fI If ~/'/.. / I( II 8 /I I( {;;" ~/ (I II e- 1/ If II If I 6 '1.. .:t If ff ex r4 If f( / II (I /:).1. :J.. If If ::z. 'Iv",1 ~~N"(U ~d-I/...c: :2-)( 3~ I( If J If (( " 1 ~~/ {( II :z. fI I( C X "3';4 (I' " / {fl-e.t .:/1,,1' 7C...e/'/~s , If If If:, I I "3 ~<'rl"'<-~ C 7<:< .In /.J /I /I / ~ (/ II (I I fI (I 2 /1 I ( II ~I " tI J../J; If II (( I IBP4-~5. UIIJP.f) B/, ~-n. 1 II /' /( '3€5 @NDITION ..DlSPOSITION UNUSED ....... UU USABLE ....... U AUCTIONED . . . . . 1 SOLD SCRAP .. .4 WORN OUT ..... WO CANABALIZEO . . . C THROWN AWAY. . . 2 TRANSFERR1:0. . . 5 REPAIRABLE ... R NOT REPAIRABLE. NR FORMAL BID ...3 OTHER. . . . . . . . . 6 TO 8. c:c..UTED BY PUIICHABlNQ ONLY CERTIFICATION AS TO: ~ STATUS - DEPARTMENT .:._ .~~,..k,,:L' DATE DISPOSITION - PURCHASING DATE /'j>h~7' RECORDED - FINANCE DATE RETAIN PINK COPY FOR YOUR RECORDS. FORWARD TO PURCHASING. JL , It ; ,'" ,~1 !~~:, ....Id-~~ ~ Ii- PROPER" -( DlSPOSn'ION, Rm E4ft OF CUSTODY FORM 4/;z.? {'if'! DATE 1111! FOLLOWING m/SURPLVS (Lh In C/I,' I,i-/~~ . DEPARTMENT PROPERTY IS: f CHECK ONE I o OBSOLETE o TRANSFERRED TO (DEPT,) o OTHER "VENTORY DESCRIPTION MODEL & LOCATED AT .CON. ..0'.. AMOUNT NUMBER SERIAL NO. OITION POa'nON /JJ"J,J/~,. Co. " c h;.. j xYt ~; fj, a/" I~ flla",r ~Cf II II J~x ~ II If ~3 /f,.t ~ 2.5 2~~ G~ !~x I U; I 2x (}s. "2- :2 h.x J.., 17 2~t .$ 3 ~ ., '/ 25 I{'( ~ 36 /.IX I I ~n :2. A 6>lC 3.h /v ~x/ ]- ~K.Jh / eX ~ ~2. /IlX 1'; II / tl 'I :2- IS TO -. CClM'LlTlD.v PURCHAIlNQ ONLY ~ONDmON UNUSED ....... UU WORN OUT ..... wo REPAIRABLE '" R USABLE ....... U CANABALIZED . . . C NOT REPAIRABLE. NR ..DISPOSITION AUCTIONED. . . , . 1 THROWN AWAY. . . 2 FORMAL BID '" 3 SOLD SCRAP ... 4 TRANSFERRED... 5 OTHER. . . . . . . . . 8 CERnACADON ASTO, ~ _ STATUS - DEPARTMENT -/ ~2.:--,- DATE DISPOsmON - PURCHASING DATE ~ ::h'~~ RECORDED - FINANCE DATE RETAIN PINK COPY FOR YOUR RECORDS. FORWARD TO PURCHASING. , PROPERTY DlSPOsmON. RELEASE OF CUSTODY FORM 4/-;;'7 In DATE l1IE FOLI.OWING fJu 6 lit- tll, '//1- ,':' ~ rI"" SURPLUS DEPARTMENT PROPERTY IS: I CHECK ONE I C OBSOLETE C TRANSFERRED TO (DEPT.) C OTHER NVENTORY DESCRIPTION MODEL & LOCATED AT .CON. UD'I. AMOUNT NUMBER SERIAL NO. DITION POImCN I/'. J ~A"x~1 f('~&I"" ~~...r /fiJ'f.. / . ~~ f), ~}.c......&..; c..t.j 1~"Jit 7$ /1/2.'1. /f.t Jte 2- )( .fi GO 7-xJ q5 2)( (kt ~o ~/v~I(//~<!.,1 /l1I4JlI'tv~ JIiK ~I !>~J l/;z.x/}1.! 3~ Z )( ~J S7 2-AJ 6~/ '2 1. J iii Sj zx/A /Cf f-Alv(JV!7-I?J ~/..L-L J JIy -9p'"' ~B ~"_ "'/50 /g t':.LJ I - 'J :r.e,/ "./. .n ,/ ) II 3~ ~lv.,...vJ ~eel 'YBE ~/ 1.:J. 3 t' " '11.3 :;2.. CIf< ~I ~~.,/ E J.t-6or:: ~/J_ "IS 0 :z.. TO BE COMPLETED BY PURCHAIINQ ONLY e<)NDITION UNUSED .......UU WORN OUT ..... WO REPAIRABLE ... R USABLE ....... U CANABALIZED . . . C NOT REPAIRABLE. NR ""DISPOSITION AUCTIONED. . . . . 1 THROWN AWAY. . . 2 FORMAL BID '" 3 SOLD SCRAP ... 4 TRANSFERRED. . . 5 OTHER. . . . . . . . . 6 CERTIFiCATION AS TO: ~ . 7 ~ ___ STATUS - DEPARTMENT HE~/ ~~.::-<.- DATE DISPOSITION - PURCHASING DATE o;:h;:A~ RECORDED - FINANCE DATE RETAIN PINK COpy FOR YOUR RECORDS. FORWARD TO PURCHASING. ! L I l J l f ."",. ~ ,"'.~ ... , 11fE FOLl.OWlNG ~bJ,~ tI/. /,'-h~s DEPARTMENT PROPERTY IS: (CHECK ONE I rsURPLUS a OBSOLETE a TRANSFERRED TO (DEPT,) a 011fER PROPERTY DlsPOsmON. RELEASE _ OF CUSTODY FORM if:.71 {~1 DATE INVENTORY DESCRIPTION MODEL & LOCATED AT .CON- ..0... AMOUNT NUMBER SERIAL NO. DITION I'C8TIQN ,('"../~"'" I z./ ~ E <: I" d,..u .w~.... /';',vr /JI /14~ el I 0. II /II 1 II 7.1 2~/1 q ) r fL,t /2 /!4ty ~, / /?LX ~ 5 ~Ax 1tt 2 2 Y2X / tf ?A./vt:"'-, l"re I C;o<;se s If/.; :2.0 :lA ~/ 1fr-,.II/~IfI/~~.1 Cou../,,,~ /h /~ (, /h c.~ ;]// CC zJs. 70 e.a./V~AlI~ I1h4 ('"_s IN /8 'JI../ pi TO BE ~ITIO BY PURCHAIING ONLY (:ONDITION UNUSED ....... UU WORN OUT ..... we REPAIRABLE '" R USABLE ....... U CANABALIZED . . . C NOT REPAIRABLE. NR ..DlSPOSITlON AUCTIONED . . . . . 1 THROWN AWAY. . . 2 FORMAL BID '" 3 SOLD SCRAP ... 4 TRANSFERRED. . . 5 OTHER. . . . . . . . . 6 C.ERTlFlCATlON AS TO: ~ _ STATUS - DEPARTMENT ~ ~j/~4e~-<-< DATE DISPOSITION - PURCHASING DATE t0pfJ~j7 RECORDED - FINANCE DATE RETAIN PINK COPY FOR YOUR RECORDS. FORWARD TO PURCHASING. r - ..~_... L --"<i'\ . , l ~, I 1 [ . 11tJl FOW1ffIHG 12 b In CI~' j-It ; s PROPER'l. ( DISPOSITION, RELEASE OF CUSToDY FORM 41;J.7(ry DATE DEPARTMENT PROPERTY IS: I CHECK ONE I C SURPLtlS IY' 011tJlR C OBSOLETE C TRANSFERRED TO (DEPT,) INVENTORY DESCRIPTION MODEL & LOCATED AT .CON. ..DlS. AMOUNT NUMBER SERIAL NO. DITtON ...-nON W//f't: rcJ/,e Vi... W",f~.I>- ;.A~.f,..../~"h:.. tuo ~t:JFr. c e/J/../:-S !,-,<!-..."t'S 1/ 'I U /3 /2-11/;:1.. II f U t:.M ~".c." /I~_f~;- , II II /.. e..vl I' I;' of! IJ/() 3 If If /...e-e..e/ l~tj"J /, tJIA "f3 If II IIftm/1 I'a.'ck,).,c, ULI 3 " 1/ r,n fka .2/z. /' We} / - TO BE COWLlTlO BY PURCHAIlNG ONLY CONDITION UNUSED ....... UU WORN OUT ..... wo REPAIRABLE ... R USABLE ....... U CANABALIZED . . . C NOT REPAIRABLE. NR ""DISPOSITION AUCTIONED . . . . . 1 THROWN AWAY. . . 2 FORMAL BID ...3 SOLD SCRAP ... 4 TRANSFERRED. . . 5 OTHER. . . . . . . . . 6 CERTlACATroN AS ro, ~ STATUS - DEPARTMENT / . -... /' ~2~ ~ATE DiSPOSmON - PURCHASING DATE /?~~h ItECORDED - FINANCE DATE RETAIN PINK COPY FOR YOUR RECORDS. FORWARD TO PURCHASING. ., JL ~ 1 L j [ f . '1., .~i ...-~- ", I " . t-' ~', :t- ~;" ~.. ~ CHANGE ORDER SOOTH CB1I'1'RAL REGIONAL WASTEWATER TRUTJlERT AND DISPOSAL BOARD Date: March 3, 1989 Change Order No.: --1-- NAME OF PROJECT: HEAD WORKS ODOR CONTROL SYSTEM (4730) OWNER: SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD CONTRACTOR: Q & Q, INC., P. O. Box 1647, Eaton park, FL 33840 THE POLLOWING CHANGES are hereby made to the CONTRACT DOCUMENTS: Construction changes as described in the attached Change Order No. 3 Summary. CHANGE TO CONTRACT PRICE: Original CONTRACT PRICE: , 617,600.00 , 628,496.00 , 12,618.00 , 641,114.00 CUrrent CONTRACT PRICE adjusted by previous CHANGE ORDER: ('2) The CONTRACT PRICE due to THIS CHANGE ORDER will be INCREASED by: (See Attachment) The NEW CONTRACT PRICE including this CHANGE ORDER will be: CHANGE TO CONTRACT TIME: The CONTRACT TIME will be INCREASED by Current CONTRACT TIME IN DAYS inClUding The date of COMPLETION OF ALL WORK will -0- this be: calendar days. Change Order: 312 January 29, 1989 THE ABOVE CIIAJIIGBS ARB APPROVED: HAZEN AND SAWYER, P.C. DATE ~\rt.k. 7, ( '18? , By: ()02~ f{ 6~ DATE March 17, 1989 BOum CBIlTRAL REGIONAL WASTIlWATER TREATJlBR'1' AND DISPOSAL BOARD By: A-IJ ~ . ~. DAVID CIPRIANI, Acting Ex cutive Director r , ~ i 1 j , L l l ~ .~ I CHANGE ORDIlR NO. .....l.- PAGE TWO THE FOREGOING CHAlfG2S ARE ACCI!PTED: Q & Q, INC. DATE 3ft/~J . ~~? /' By: * * * * * * * * * This CHANGE ORDER NO. 3 APPROV2D on M~ 2- , 19...!2.... by the CITY OF BOY N BEACH, FLORIDA at reqular/s,esi~l meeting. By: ~ J~' CITY~K Approved as to form and correctn By: ~~...2.. Q-_ CITY A TORNEY This CHANGE ORDER NO. 3 APPROV2D on by the CITY OF DELRAY BEACH, FLORIDA at regular/special meeting. , 19...!2.... By: By: CITY CLERK MAYOR Approved as to form and correctness: By: CITY ATTORNEY JOP:0040f/kg . ~ , i I L l. , , ~ ~J yo. i.. ~ ~. :t :'~,,""" SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD CHANGE ORDER NUMBER THREE SUMMARY CONTRACT CHANGES TO PROVIDE ADDITIONAL MONITORING AND OPERATIONAL CAPABILITY: . Installation of 2-inch sample lines and valves from the Boynton Beach and the Delray Beach Metering Buildings to a pOint north of the Head Works BUilding, requested by SCRWTDB staff so that plant personnel can sample and test the influent sewage quality and hydrogen sulfide content from each city prior to pre-chlorination. . Additional scrubber sample piping and valves to facilitate collection and testing of the scrubber recirculation water. . Installation of a l2-inch duct to the inlet channel in front of the screens for additional air pick-up. Requested by SCRWTDB staff for flexibility in balancing the air movement inside the screen room. . Installation of water level sight indicators for each scrubber to permit monitoring of the recirculation water level in each scrubber. . Installation of piping and gauges to monitor the differential pressure loss across the packing for each scrubber. . Installation of piping and valves to provide a solution chlorine connection to the inlet duct of Scrubber No.2. With this additional piping connection, the SCRWTDB plant staff will be able to experiment adding chlorine solution water directly to the inlet air stream of Scrubber No. 2 and see how this affects the treatment efficiency. . Furnish a caustic drum lifter and a caustic cart to facilitate the movement of caustic drums from the jib crane to the caustic diaphragm pumping location. TOTAL CHANGE ORDER NUMBER THREE: ==============-==============-= $ 5,898.00 554.00 4,256.00 314.00 885.00 259.00 452.00 $12,618.00 =--=..==*= ! r C i t L L . , - Page 2/Attachment to Change Order No.3 The Change Order NO.3 items listed in the Summary include labor, material costs and a fifteen percent markup in accordance with the Contract Documents. Q'Q~Y/ Box 1647 Eaton park, FL 33840 3"/6 I fj Date We have reviewed the costs of the Change Order No. 3 items listed on the Attachment to this Change Order and find them to be reasonable. ~f-t~ HAZEN AND SAWYER, P.C. M(JYc.~ 1 17Pf / Date Jup:0040f/kg ( , r L.. l L -. , MEMORANDUM TO: Walter O. Barry, City Manager FROM: ~ Robert A. Barcinski, Asst. City Manager/Community Services DATE: May 17, 1989 SUBJECT: Documentation City Commission Meeting May 23, 1989 Approval - Change Order #2 - Onontario of Palm Beach, Inc. ITEM BEFORE COMMISSION City Commission adjusting change of $ 16,765.75. is requested to approve Change Order #2, final quantity order, with Onontario of Palm Beach, Inc. in the amount BACKGROUND A contract was entered into with Onontario of Palm Beach, Inc. on June 24, 1988, in the amount of $ 142,479.92, for Allen Avenue Water System Improvements, North Federal Highway Water Main, and West Atlantic Avenue Sanitary Sewer Improvements. The bid was awarded on an estimated quantity set unit price basis. This is a final change order which adjusts the final amount for actual quantities used. Some items are additions and others deducts for a net increase of $ 16,765.75. Attached is a detail summary of the change order. RECOMMENDATION Staff and Post, Buckley, Schuh & Jernigan, Inc. recommend approval of the Change Order #2, final quantity adjusting change order, with Onontario of Palm Beach, Inc. in the amount of $ 16,765.75. RAB/sfd ; , I ! i ,! , !",~:.:.;..:.:~ ~.~......, .' - ~;:~":':":':""'.;.;,..,,-a.'- "Ss "-~.- --------- " ~~, -, - - - POST, _ .JCKLEY, SCHUH &. JERNIGAN. INC. 1400 CLNTIl.E,,^RK 8LVD sum 200 WEST PALM 8EACH. fl.Oll.lOA 33401 (407)689-1175 April 18, 1989 Mr. Larry Martin Acting Director of Public utilities City of Delray Beach 200 N.W. 1st Avenue Delray Beach, Florida 33444 Subj ect: City of Delray Beach Allen Avenue/Barnett Bank Payment Request #7 (Final) PBS&J Project No. 14009.77 Dear Bob: Enclosed for your consideration and payment is the Payment Request No. 7 (Final) for the above subject project, as sul:mitted by OOCNl'ARIO OF PAIM BEAOi, INC. In addition to the pay request, please find attached Certification of Contractor, Affidavit (Final) and Final Release of Lien. We have reviewed the pay request and having observed the construction activities, are satisfied that all construction, for which payment is being requested, confonns to the plans and specifications. 'Iherefore, we recarrnend that payment to OOONTARIO OF PAIM BEAOi, INC. be made in the amount of SIXTEEN THOOSAND, FIVE HUNDRED AND EIGHTY NINE COLLARS AND FORTY TWO CENI'S (16,589.42), contingent upon your review and approval of Olange Order No. 2. Please do not hesitate to contact me should you have any questions regarding this proj ect. Very truly yours, POST, BUCKLEY, SOiUH & JERNIGAN, INC. ~~#/ ~~e- ~~.-..J WHG/ts Enclosures William H. Greenwood Manager of Environmental Services cc: File Joe l-bldovan ENGINEERING. PLANNING. ARCHITECTURE I I I. DATE: April 14, 1989 CHANGE ORDER NO. 2 CONTRACTOR: Chontario of Palm Beach, Inc. OWNER: City of Delray Beach AGREEMENT DATE: June 24; 1988 The following changes are hereby made to the CONTRACT DOCUMENTS: Original CONTRACT PRICE $ 142,479.92 Current CONTRACT PRICE ADJUSTED by previous CI~NGE ORDER $ 145,528.48 Net (Increase)(~ Resulting from this CI~NGE ORDER $ 16,765.75 The current CONTRACT PRICE including this CHANGE ORDfR .$ 162,294.23 11' ORI~lNAL CONTRACT TIME: . Date 10/9/88 Current CONTRACT TIME adjusted by pr~vious CI~NGE ORDERS Date 10/9/88 Net (Increase)~ Resulting from this CI~NGE ORDER Days 172 I Current CONTRACT TIME inc1uding this CI~NGE ORDER Date 3/30/89 " Page 1 of 3 Change Order No. 2 f I i I i I i: I, I, " I' j r' , I I, I' i I , , 'I , ., il I I" I' 0;' . . '. I.. ..mANGES ORDERED: '. . I. GENERAL: The purpose of this is to modify portions of the work due to field conditions encountered or because of changes in the scope of the project. II. REQUlRFD OiANGES: SEE AITAOIl-lENl' "A" III. JUSTIFICATION: SEE AITAOIMENl' "A" ,.' '" , > IV. PAYl-lENl': SEE AITAOf1ENl' "A" '. Page 2 of 3, Change Order No. L 1 ~ V. APPROVA~ AND CHANGE AUTHORIZATION Acknowledgements: The aforementioned change, and work affected thereby, is subject to all provisions of the original contract not specifically changed by this Change Orderj and, It is expressly understood and agreed that the approval of the Change Order shall have no effect on the original contract other than matters expressly provided herein. Change Order Request by: Change(s) Ordered by: RECOHI1ENDED BY: ACCEPTED BY: POST, BUCKLEY. SCHUH & JERNIGAN. fJ Engineer ~5-1~ By: ... ""/ Q () ~ ~;;~tu~; -- - INC. OOCNl'ARIO OF PAIM BEAOi, INC. Contractor <I1t<< JIll ~ By:. .-t/+~~{ ~~ S gnature I!t:I1 Dille Title: /.JH.-_ ~~_ ~ ft1?-w..:... .JA,....._.... Title: k APPROVED BY: CITY 9F DELRAY BEAOi Owner By: Signature Date Page 3 of Change Order No. , . , I I I i , j , , , , . , , l ATl'AOlMENr "A" OiANGE ORDER NO. 2 Item 112 - 1: Remobiliz.p.tion for the Barnett Bank portion of the project. Justification: The Contractor was unable to proceed with construction, due to the unavailability of necessary easements. Recarmendation: Approval is reccmnended (See Exhibit I) Increase in Contract Amount of $1,000.00 Item 112 - 2: Contract unit price changes Pay Request No. 7 (Final) Justification: Our contract provided for certain credits or increases in costs due to addition or deletions of contracted items, based on unit prices associat9d with the ori.ginally Owner approved Pay Request. They are as follows: Allen Avenue 1. Additional 8" Limerock 626 sy @ $9.00/sy - Add: $ 5,634.00 2. Additional Type S Asphalt 370 sy @ $26.50/sy - Add: 9,805.00 3. 6" Concrete Driveway 15 sy @ $28.00/sy - Deduct: (420.00) 4. Concrete CUrb 15 If @ $14.00/lf _ Oed'let: (210.00) 5. 8'1 DIP 48 If @ $1s.20/lf - Add: 729.60 6. 6: DIP 3 If @ $13.20/lf - Deduct: (39.60) 7. Tapping Sleeve and Valve 1 ea. @ $1,1s0.00/ea. _ Deduct: (1,150.00) 8. Seed and Mulch 50 sy @ $1.90/sy - Deduct: (95.00) 9. Solid Sod 514 sy @ $1.80/sy - Add: 925.20 1 , . . f 10. Additional Backfill Material 30 cy @ $s.70/cy - Deduct: (171.00) 11. Excavation of Material 30 cy @ $1.00/cy - Deduct: (30.00) 12. Excavation of Suitable Material 30 cy @ $1.00/cy - Deduct: (30.00) Allen Avenue Subtotal - Increase: $ 14,948.20 Federal Hiqhway 12" Water Main 13. 8" Limerock 43 sy @ $9.00/sy - Deduct: $ (387.00) 14. Type S Asphalt 43 sy @ $26.s0/sy - Deduct: (1,139.50) 15. 4" Concrete Sidewalk 100 sf @ $2.80/sf - Deduct: (280.00) 16.. 4" Concrete Sidewalk Rest. 1673 sf @ $3.s0/sf - Deduct: (5,855.50) 17. 6" Concrete Driveway 175 sy @ $28.00/sy _ Add: 4,900.00 18. Concrete Curb & Gutter 54 If@ $15.s0/lf - Add: 837.80 19. 12" DIP 52 If @ $21.30/lf - Deduct: (1,107.60) 20. 6" DIP 61f @ $13.20/lf - Deduct: (79.20) 21. Connect to Exist. Water Main 1 ea. @ $3s0.00/ea. - Deduct: (350.00) Federal Hwy Subtotal - Decrease: $(3,461.80) Barnett Bank 22. 8" Li.merock Base 204 sy @ $9.00/sy - Add: $ 1,836.00 23. Type S Asphalt 15.5 sy @ $26.50 sy - Deduct: (410.75) \ i Item 112 - 3: 24. 4" O:lncrete Sidewalk Rest. 25 sy @ $3.50 sy - Deduct: (87.50) 25. 8" DIP 7 If @ $15.20/lf _ Deduct: (106.40) 26. 6" DIP 25 If ,@ $13.20/lt _ Add: 330.00 27. DIP Fittings 0.11 Tbn @ $3,860.00/ton _ Add: 424.60 28. 8" PVC 0 - 6 25 If @ $11.s0/lf - Deduct: (287.50) 29. 8" PVC 6 - 8 29 If @ $ls.50/lf - Add: 449.50 30. 6" PVC Service Connection 1 ea. @ $200.00/ea. _ Deduct: (200.00) 31. Seed and Mulch 670 sy @ $1.90/sy _ Add: 1,273.00 32. Solid Sod 588 sy @ $1.80/sy _ Add: 1,058.40 Barnett Bank Subtotal - Increase: $4,279.35 Increase in Contract Time Justification: Based upon the remobilization to C<:Xltinue the Atlantic Avenue, Barnett Bank water and sewer installation, due to easements being unavailable. Recarmendation: Approval is recOll1llended (See Exhibit II) Increase in Contract Time of 172 Days CHANGE ORDER NO. 2 SUIlInary 'IDTAL INCREASE IN CXM'RAcr A/oIXJN1': 'IDTAL INCREASE IN CXM'RACr TIME: $16,765.75 172 llWS J I I i . I , . : . . . I 1 1--- f-- I I I ,I .1 1- '., 1-- Ex\--;,h',+ I. POS' UCKLEY, SCHUH &. JERNIGAN. INC. .M' MLM IIH:H lAkU tl.VD sum 500, 1tMU. \YlST MI.M IUOf, n..auDl'. )S401 ~7.IIM.nn , November. 22, 1988 City of Delray Beach 200 N.W. 1st Avenue Delray Beach, Florida 33444 Attention: Mr. larry Martin Subject: City of Delray Beach Allen Avenue/Barnett Bank PBS&J Project No. 14009.77 Gentlemen: As per our telephone <XlIlversation on November 21, 1988, regarding the disposition of funds and canpletion of the above mentioned project: Ct1ontario of Palm Beach, Inc. has c:x:rnpleted their <XlIltractual ooligations associated with the Allen Avenue Project, but c;:an not roobilize and canplete the other portiOn of the <XlIltract pertaining to the Atlantic Avenue, Barnett Bank water and sewer installation because of needing easements. We have ocme to an agresnent with O1ontario, which would be in their interest as well as the City of Delray Beach. 'Ihey would agree to keep their <XlIltract open for future oonstructial and canpletion of this project, providing they receive payment for the Allen Avenue portion of their <XlIltract and reduce their retainage to 1 % and secondly, increase their <XlIltract by a formal change order to cover any additional expenses for rarobilizatial and an extension of time of 135 additional days. At your convenience, please look over the teJ:ms of this agreement and let us know if they cu:e satisfactory. If they are, we will write a change order and have Ctlontario subnit a pay estimate for their 9% retainage associated with the Allen Avenue Project. A later change order would incorporate the following: A. Mobilization: $1.000.00 B. 135 Day Time Extensial, extending the date of canpletion fran October 9, 1988 to February 20, 1989. , , If you should have any qu!!Stions, please feel free to oontact Ire. POST, BlJO<LEY, SOiUH & JERNIGAN, INC. Ll'" ,W.8'~ J eph D. Moldovan ld Construction Manager cc: Mr. Jim Travare/Qlontario of Palm Beach ' Mr. Bill Greenwood/PBS&J . Mr. Jeff Bcx:Jne/PBS&J File C-1/C-3 ENGINEERING . I'LAN~I'NG . ARCHITECTURE . , , . , I , . : "/- --" -D'-.-..:s-............_~. M'-Al."C1o.l;:J.t.U;'~i1IP1IW?J11o.a-.w' ....1~_..... ..._.._ .l!I'JI.r:..~\l.M4i rOST. buCKLEY. .SCHUH a.. JERNIGAN. INC. I"' M1M 'LAC!IlAl(U 'lVD. SUiTt '00, 1UWt.. WlST r'lI.l.M !tACH. nooDo\ ))401 407I68'.7U, July n. 1988 Hr. Robert S. Pontek Director of Public Utilities City of Delray Beach 200 N.W. 1st Street Delray Beach. FL 33444 Re: Allen Avenue/Barnett Bank Dear Bob: Enclosed for your information and files is a copy of the July 19. 1988 letter from James Travare of Onontario of Palm Beach. regarding the outstanding easements associated with the Barnett Bank portion of the project. As you will notice the contractor is expressing concern over the potential for delays. as a result of these outstanding easements. Please keep us posted as to the status of the easements and as always don't hesitate to call should you have any questions. Very truly yours. 1'1 POST. BUCKLEY. SCIIUII & JERNIGAN. INC. fd~ Jeffrey A.Boone Project Manager JAB : c t cc: L. Martin J. Moldovan Enc. 14-009.76/045 ENGINEERING. PLANNING. AllClllrECTURE I ~ , " i 1 , I , i . 1 nontario of Palm Beach, Inc. 2461 ponT WEST DLVD. WEST PALM DEAC". FLOmDA 33407 TELEPHOIIE: (407) 845-6917 NR JOE NOLDOVAN POST BUGKLEY - SCHUH & JERNIGAN INC Suite 500 - Tower B 1665 Palm Dench Lakes Doulevard I~est Palm Beach FL 33401 He: ALLEN AVENUE PROJECT Denr Joe: MAIlINO Aooness: POST OFFICE DOX 10556 RlVIEnA BEACH. FLORIDA 33419 July 19. 1968 I-lith reference to our phone conversations regarding the dispute over the cnsernents at the Barnett Dank project, and the uncertainty as to "hen I,e I,ill be nble to begin construction there. _ It is necessary to point out thnt if ue are unable to proceed Idth the Darnett Dallk portion of the contrnct uPon the conclusion of the Allen Avenue - Federal Highway section, then we. would feel justified in submitting a bill c\pvering demobilization and remobilization. 'J Respectfully, ONOWJ\HIO OF PAUl BEACII, INC. ~fMUlJ1iu~ ' Jal~s M. Trnvnre JHf/lm RECEIVED ' . pes). INC..Wf:sr PI,lM BEACH JUL 2 t 19M -.-. .......... I I l I MEMORANDUM TO: Walter O. Barry, City Manager FROM: ~Robert A. Barcinski, Asst. City Manager/Community Services DATE: May 17, 1989 SUBJECT: Documentation City Commission Meeting May 23, 1989 Final Payment Approval - Onontario of Palm Beach, Inc. ITEM BEFORE COMMISSION City Commission is requested to approve final payment in the amount of $ 16,589.42 to Onontario of Palm Beach, Inc. to be paid from account #441-5161-536-60.66 (Water and Sewer Capital Outlay Fund). BACKGROUND The original change orders $145,704.81. contract amount was $ 142,479.92. The final amount with #1 and #2 is $162,294.23. Total previous payments made are Attached is an executed application for payment. RECOMMENDATION Staff recommends approval of final payment in the amount of $16,589.42 to Onontario of Palm Beach, Inc. to be paid from account #441-5161-536-60.66 (Water and Sewer Capital Outlay Fund). RAB/sfd , , f ~ I I i i ::<./ I J\.o APPLICATION FOR PAYMEI ' , . Project: Allen. Avenue Water System Improvements and Barnett Bank Water and Sanitary Sewer System Improvements Final Payment 11OO1882 X Partial Payment No. OWner: City of Delray Beach Owners Project No. 88-58 Engineers Project No. 14-009.75 Contract Date: Application Date: 3/30/89 ONONTARIO OF PAUl BEACH. me. June 24, 1988 For Period Ending 2/07/89 to 3/30/89 Contractor: Summary of Contract to Date 1. Original Contract Amount Z. Contract Date $142.479.92 3. Total Contract to Date . June 24, 1988 Analysis of Work Performed to Date 1. Value of Original Contract work performed to date with change orders , $145,528.48 5. Less Previous Payments 6. Balance Due This Payment Contractors Certification The undersigned Contractor hereby swears under penalty of purjury that (1) all previous, progress payments received from the Owner on account of Work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned in connection with Work covered by prior Aplllications for Payment numbered 1 through FINAL inclusivei and (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Applfcation for Payment are free and clear of all liens. claims. security interest and encumbrances; and (3) all applicable provisions of the Florida Prevailing Wage Law (Florida Statutes, 215.19) regarding apprentices and payment of wages have been complied with and to the best of my knowledge and belief by all subcontractors.) $162.294.23 -0- -0- 162,294.23 145,704.81 $ 16,589.42 2. Less 3. Plus o S Retainage S Haterial Stored 4. Het Amount Earned to Date "" '" . f I I . . , , , , ..AZ . . CERTIFICATION OF CONTRACTOR Accordlnr to the best of my knowledge and bellef, I certify that all Items and amounta shown on Application for Payment No. FINAL are correct, that all work hu been performed and/or materials supplied in full accordance with the terms and conditions of this Contract, dated JUNE 24 -J 1988 between and CI'lY OF DELRAY BEACH ..QtiQ...~O OF PAUl ,BEACH. INC. (Owner) (Contractor) . . I further certify that all Just and lawful bills against the undersigned and hla subcontractors and suppliers Cor labor, material and equipment employed In tha performance ot this Contract have been paid In Cull accordance with their terms and conditions; that all .taxes imposed by Chapter 212, Plorida Statutes (Sales and Use Tax Act), as amended, :have been paid and discharged; and that there are no Vendor's, Mechanic's or other Liens or rights to liens or conditional sales contracts which should be satislied or discharged beCore such payment is made. ) , Datel March 30, 1989 _ Contractor:_ /~/) b.. ~"7L ITA TI OF FLORIDA) ss ) COUNTY OF PAUt BEACH PWlGnally appeared before )pe ;.t, dayot dA~ . 19 f!J wn (or made known) to me to be the ot Contractor(s), who Iublcrlbed and swore to the ~ove instrument In my ence. My CommlssionN~ir_ STlTEIlI' FlORIDa M' COMMISSION EXP. APR. 9,1991 BONOED THRU GEIERU lIS. UN~'19_. . The Contractor shall execute this Certilica~e; and attach it to each Application For Pl1ment. " i 00800 - 6 14-001.'15 'I I , 1 AFFIDAVIT (FINAL) lTATE OF FLORIDA ) sa COUNTY OF ) PAUl BEACH Betore me, the undersigned authority, authorized to administer oaths and take acknowladiments, personally appeared WAYNE G. FLEURY. Se",rPtAg' . . who, after beini tlrst duly sworn. upon 'oath deposes and says that all lienors contracting directly with, or directly employed by (him. them. it) and that all taxes Imposed by Chapter 212, Plorida Statutes . (Sales and Use Tax Act) as amended, have been paid and discharged, and that aU bills, wqes, tees, claims and other charges incurred by ONQNTARIO OF P~EACH. INC, in cOMection with the construction oC AlLEN AVENUE WATER SYSTE}! rMPRO~ AND BARNET! BANK WA~ AND SANITARY SEWER SYS.m'I IMPROva-tENTS have bean paid in Cull SIONED: By: /1/iL(.::..? ~//~ WITNESSESI 5/1h'~( ~A( #d SWORN AND SUBSCRWED TO SEFORE ME THIS~ day oC ~19 t.o. a State ot Plorl4AttttMoirsaTE OF FLORID' MY COMMISSION EXP. APR. 9,1991 My CommisslcMN!Sc:UfiUJS!ERAL INS. UNO", . 00800 - '1 14-001.'11 I 1 FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that ONONIARIO OF PAUl BEACH, INC. tor and In cOl1&ideratlon ot the sum of SIXTEEN THOUSAND FIVE HUNDRED EIGHTY-NINE DOLLARS AND 42 CENTS Dollars ($16,589.42 ) paid to ONONIARIO OF PAUl BEACH, INC. by the CIlY OF DELRAY BEACH, "'~ mi. ...ni...,.1r...."'f"--1..~..J."..4, do(es) hereby release and quitclaim to the CIlY OF DELRAY BEACH. the Owner, its successors or asslcl1&, aU lIen~.!!en rights, claims or demands or any kind whatsoever which 'IlfIS RELEASE BFX:CI1F.S EFFEcr.Lvtl; UPON PAYMENT OF INVOICE NO. 001882 DATED March 30, 1989 IN THE A!flUNT OF $16, 589 . 42 . ' -- . . now hu (have) or might have against the property. building, and/or improvements on account ot labor performed, material furnished, and/or for any incidental expense tor the cOl1&tructlon of ALLEN AVENUE WATER SYSTEM IMPROVEMENTS AND BARNETT BANK WATER AND SANITARY SEWER SYSTEM IMPROVEMEmS '-'-- thereon or in otherwise improving said property situated as above described. IN WITNESS WHEREOF have (has) hereunto set hand and seal this L day or JlhLu4 , 19[7 A.D. WITNESS: ~ ./-. '"'~ I . L~/) l. SWORN AND SUBSCRIBED TOB.EFORE ME~US "1&.1 Nota Public State or FIorida-l4IJI.qf!: SlIT! or HOAIOI NY COMMISSION EXP. AP~. 9.1991 My Commission t~~1j}~~ GENEA~L INS. UNO. _ Jb~ .~"" day ot . ,A.D. ,. ! iTATI 01 FLORIDA " ;1, COUaltr 01' PALM BEACH ;1.:',. .~ I', Wavne G ~ Fleurv being first duly sworn, aepo... aDd '..~~ as follows: He . i. Secretary (title) of CHltlIARIO OF PALM BEACH, INC. (Corporation or Firm), a . Florida corporation which is named in Construction COntra~t aated the 24th day of June . 19~, between .aid ~orporat~on as the CONTRACTOR and the CITY OF DELRAY BEACH . , Florida as the OWNER, for the con.tru~tion, of ALLEN AVENUE WATER SYSTEM IMPROVEMENTS & BARNETT BANK WATER .. AND SANl1:ARY SEWER SYSTI'J1 IMPROVEMENTS and Affiant is authori~ed to make this Affidavit as, or on behalf tbe Contractor as named, above. , of, title to all work, materials and equipment covered by the att~be4 '.ri04ical Estimate for Payment dated March 30 , 19j12. pa.... to the Owner at the time of payment free and clear of all lien., and all laborers, materialmen and subcontractors have been paid for performing or furnishing the work, labor or materials upon .aid Cont~.ct work covered by ,the aforesaid periodical Estimate for .' ,af._At. this statement under Qath is given in compliance with Se~tion 713.06 florida Statutes. Sworn to and sub tbi. te... day 1m. L. .J~7 W Affiant re m , 19 ~,r Motalf P let, t of Florlda at Large . Hy C:OMi.s ion" expire_: PUBliC STAT My COMMISSION Exp E or FlO~10A BONOEO rNRU GENCR~' APR. 9.1911 .. INS. UNO. (IIAL) : c":; 1 I PERiODICAL ESTiMATE FOR PARTIAL PAYMENT *********.**~********'**~.~************.*'************,.,-,-,.,********,*.**"..,**..,*..._,.* PAY EmHATE NO. 7 FINAL FOR PERIOD: 217 TO 3/JO/S', PROJECT:ALLEN AVE. " BARNETT BANK IMPRuVEr~NTS BID DATE: *,...."",*,*"""**,*..."""*"*,,,,,..,,,...,.,."",."""""".",.".""""""",.,.,. ITEM C~IGINilL ESTIMATE QUANTITY UNIT TOTAL COMPLETED TQ [>ATE UNIT TOTAL ---------------------------------------------------------------------------------------------- ALLEN AVE. MAINTENANCE OF TRAFFIC 1 LS 2000.00 2,000.00 1.00 2.000.00 8' LIMEROCK BASE 455 SY 9.00 4,095.00 1,081.00 9,729.00 TYPE S ASPHALT 455 5Y 26.50 12,057.50 825.00 21.862.50 6" CONCRETE DR I VEWA Y 22 SY 28.00 616.00 7.00 196.00 CONCRETE CURB 15 LF 14.00 210.00 0.00 0.00 8" DIP 1550 LF 15.20 23,560.00 1,598.00 24,289.60 6" DIP 15 LF 13.20 198.00 12.00 158.40 DIP FliTINGS 0.5 iON 3860.00 [,930.00 0.50 1,930.00 8' G.V. W/BOX . SEA 395.00 1.975.00 5.00 1. 975. 00 6' G. V. W/BOi. 3 EA 286.00 858.00 3.00 858.00 2' BLOW OFF HA 400.00 S':IO.OO 2.00 800.00 FIRE HYDRANT 3tA 980.00 2,940.(;(1 3.00 2,940.00 I' SERVICE CONNECTION 1 EA 190.00 190.00 1.00 190.00 2" SERVICE CONNECTION 18tA 525,00 9,450.00 18.00 '~, 450. 00 TAPPING SLEEVE & VALVE lEA 1150.00 . 1,150.00 0.00 SEED & JlllJLCH , 160 Sl 1. ',0 304.00 110.00 m.oo SOLID SOD 425 ~( 1.80 765.00 939.00 1,6,,0.20 ADDITIONAL BACKFILL MATERIAL Jl) CV 5.70 171. 00 0.00 EXCAVATION OF MATERIAL 30 CY 1.00 30.00 0.00 EICAV. OF SUITABLE MATERIAL 3(1 CY 1. 00 :jlj.lt(t 0,00 ---------------------------------------------------------------------------------------------- TOTAL 63,329.50 78,277.70 FEDERAL HIGHWAY 12" WATER MAIN MAINTENANCE OF TRAfFIC [ LS 1000.00 1,000.00 1. 00 1,000.00 8" LlIlEROCK BASE 43 SY 9.00 387. 00 0.00 TYPE S ASPHALT 43SY 26,50 1, 139. 50 0.00 4" CONCRETE SIDEWALl<. 700 SF 2.80 1,960.00 600.00 1,680.00 4" CONCRETE SIDEWALK REST. 2590 SF 3.50 9,065.00 917.00 ),209.50 6" CONCRETE DRIVEWAY 20 SY 28.00 560.00 195.00 5,460.00 CONCRETE CURB & GUTTER 25LF 15.50 387.50 79.00 1,224.50 12' DIP 530 LF 21.30 11,289.00 478.00 10,181.40 6" DIP 10 LF 13.20 132.00 4.00 52.80 DIP FITTINGS 1.2 TONS 3860.00 4,632.00 1.20 4.632.00 12' G. V. W/BOX HA 715.00 1,430.00 2.00 1,430.00 6' '" v. W{BOX lEA 286.00 286.00 1.00 286.00 FIRE HYDRANT lEA 980.00 980.00 1.00 980.00 CONNECT TO EXIST. WATER MAIN HA 350.00 700.00 1, 00 350.00 ---------------------------------------------------------------------------------------------- TOTAL 33,948.00 30,486.20 BARNETT BANK MAINTENANCE OF TRAFFIC 1 LS 1500.00 1,500.00 1.00 1,500.00 8' LIIlEROCK BASE 240 SY 'J.O 0 2,160.00 444.00 3,996.00 TYPE S ASPHAL T 240 SY 26.50 6,360,00 224.50 5,949.25 4" CONC. SIDEWALK REST. 25 SF 3.50 87.50 0.00 8' DIP 693 LF 15.20 10,533.60 6<:6.00 10,427.20 6' DIP 45 LF 13.20 594,00 iO.Ou 924.00 DIP FITTINGS 0.4 TON 3860.00 1.544.00 0.51 1,968.60 8" G.V. W/BOI lEA 395.00 395.00 1, 00 395.00 0' G.V. W/BOX 3 EA 286.00 858.00 3.00 858.00 2" BLOW OFF 1 EA 400.00 400.00 1.00 400.00 FIRE HYDIWH lEA 980.00 2,940.00 3.00 2,940.00 2" SERVICE CONNECTION 1 EA 1550.00 1,550.00 1.00 1,550.00 CONECTlilI TO EXIST. WATER M 2EA 200.00 400.00 2,00 400.00 8. PVC 0-6 72LF 11,50 828.00 47.00 540.50 ~ 8" PVC 6-8 569 LF 15.50 8,819.50 598.00 9.269.00 6' PVC SERVICE 140 LF 7.50 1,u50.00 140.00 1,050.00 M.H. LEA 1300.00 2,600.00 2.00 2,600.00 M.H. ADD ITI ONAL r,EPTH 1.43 LF 74.00 1115.82 1.43 105.82 6" PVC SERVrCE CONNECTION 2 EA 200.00 400.00 1.00 200.00 CONNECTION TO EXrST. M.H. 1 EA 460.00 460.00 1.00 460.00 CLEAN OUT 1 EA 198.00 1'18.00 1.00 1'18.00 SEED & MiJLCH ,30 51 1. 90 627.00 1. 000. 00 1.900.00 SOLlD SOD 440 SY 1.80 792.00 1. 028. 00 1.850.40 -------------------------------------------------------------------~-------------------------- TOTAL 45,202.42 49.481. n GRAND TOTAL 142.479. 'J2 15$.245.67 CHANGE ORDER NO. 1 l' WATER SERVICE l' PE TUBI~ 18 LF 4.50 81. 00 18.00 81. 00 I' MIllE X COMP. BRASS IiDAPT. 9 EA 9.50 85.50 9.00 85.50 I" CORP. STOP 9 EA 20.00 180.00 9.00 180.00 l' PLUG 9 EA 5.00 45.00 9.00 45.00 I" SS INSERTS 9 EA 5.00 45,00 9.00 45.00 ~~~~---.--------_._.._._.....__.__...._....._._.._._.._...._~;~~;~.._.._._........_.._~;~~;~.~ CfW11lE ORDER NO. 2 TEMPORARY SERVICE TO RESTAURANT 6" XI" DS SADDlE 1 EA 35.00 35.00 1. 00 35.00 l' CORP. STOP 1 EA 24.00 24.00 1.00 24.00 l' PE TUBI~ 65 LF 4.50 292.50 65.00 2'12.50 111 X 1 112N ADAPTOR 1 EA 25.00 25.00 1.00 25.00 ~~~~-..-.--.-..-..-..-.-..--.-.,-..-..-.--.-..-.--.-.-...-..;;;~;~.--.......-..--..-..;;;~;~. ;f PERMANENT SERVICE TO RESTAURANT 12' X 2" ~S SADDlE 1 EA 78.00 78.00 1.00 78.00 2' CORP. STOP 1 EA 120.00 120.00 1.00 120.00 2" PE TUBI~ 10 LF 7.00 70.00 10.00 70.00 2' CURB STOP 1 EA 170.00 170.00 1.00 170.00 ;~~~.._._._--_.__.._--_._---_._-_..__.__.._..__._-_..._._-_.~~~~~_.._-_.._--_..__.._-~~~~~-,I' REVISED TIE-IN ON FEDERAL HWY 12' X 12' TAP. SLEEVE. VALVE lEA 2850.00 2.850.00 1.00 2.850.00 LESS MATERIALS NO LONGER REQUIRED 12' GATE VALVE lEA -715.00 (715.00) 1.00 (715.001 12' IlJ 45 DES. BEND lEA ,-400.00 (400.00) 1.00 1400.00) 12' IlJ TEE , 1 ~A -420.00 (420.00) 1.00 (420.00) ---------------------------------------------------------------------------------------------- TOTAl 1.315.00 1.315.00 CHANGE ORDER NO. :; 8" X 2" D. S. SADDLE 2" CORP. STOP 2" PJ X MIP ADAPT. 2" BUSHING 2" BRASS TEE 2" POlY TUBING 2" CURB STOP 1 EA 1 EA 1 EA 1 EA 1 EA ~.s LF 1 EA 47.32 114.24 36.02 12.24 47.32 2.06 153.32 47.32 114.24 36.02 12.24 47.J2 72.10 153.32 1. 00 1,(1) 1. 00 1.00 1.00 35.00 1.00 47.32 114.24 :.6.02 12.24 47.32 72.10 153.32 TOTAl ---------------------------------------------------------------------------------------------- 482.56 CHANGE ORDER NO. 4 REMIlBILlZATION 1 LS GRANll TOTAl 482.56 ' 1000.00 1,000.00 146,528.48 1.00 1.000.00 162,2904.23 '7 d)-J . C I T Y COM MIS S ION DOCUMENTATION TO: WALTER O. BARRY, _CITY MANAGER ~~/. r( J_ . FRANK R. SPENC~ YELOPMENT SERVICES GROUP D D . K~V~~~OR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF MAY 9, 1989 ** CONSENT ITEM ** CHANGE OF STREET NAME - COCONUT ROW (ROAD) ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval of a change of street name. BACKGROUND: This item was initiated by the Fire Department upon realizing that a duplication of street names exists. This situation occurred upon annexation of Enclave # 1 (area opposite Atlantic High School). Platted street names of Coconut Road exist here and just north of Ingraham in the Beach Area. Letters of notice and inquiry were sent to property owners along the shorter of the streets which involved only four parties. Names were suggested by respondents and checked by the Fire Marshall for duplications. PLANNING AND ZONING BOARD ACTION: At its meeting of April 17, 1989, the Board formally recommended that the name Kyle Lane be used pursuant to a request from a property owner. RECOMMENDED ACTION: By motion, approval of the recommended change of street name from Coconut Road (Row) to Kyle Lane and direct the City Manager to take appropriate steps to implement this change. REF/DJK#44/CCCOCO.TXT 37 -~ '- [ITY DF DELAAY BEA[H " ',']0 \j ',,."j ;.;r AVENUE Dt:L;::;;AY BEACH, ':'LORIDA 33444 305243-7000 M E M 0 RAN DUM TO: Walter O. Barry, City Manager FROM: ~f)I,~. (j:. John W. Elliott, Jr., Assistant City Manager/Management V' \ Services DATE: May 17, 1989 DOCUMENTATION - CITY COMMISSION MEETING - May 23, 1989 _ APPROVAL TO RE-APPROPRIATE 1987-88 COMMUNITY BLOCK GRANT FUNDS SUBJECT: Item before City Commission: The action requested of the City Commission is approval to re-appropriate 1987-88 Community Block Grant Funds uncommitted as of September 30, 1988. This request was delayed pending completion of the City's external audit re- port to substantiate the re-appropriation balance. The reported balance was $150,084. Background: Community Block Grants Funds are not encumbered at year-end and therefore lapses into fund reserve. Commission approval is required to re-appropriate uncommitted or lapsed funds. The following represents the budgeting impact of this action: 1988-89 Budget: 1988-89 Budget: 1987-88 Lapsed Funds: $435,000 (Grant Award Community Block Grant) $120,000 (Grant Award-Rental Rehab Program) $150,084 Fund Tgtal: $705,084 Recommendation: The Staff recommends Commission approval of re-appropriation of 1987-1988 Community Block Grant Funds. JWE:hk attachment 38 THE EFFORT ALWAYS MATTERS (" ~ COMMISSION MEMORANDUM TO: WALTER O. BARRY ~TY MANAGER ?--<" . ,~ FRANK R. SPENCE - lRECTOR, DEVELOPMENT SERVICES FROM: SUBJECT: ADMINISTRATIVE ~ FOR f!!! PROJECTS DATE: MAY 18, 1989 REQUESTED ACTION: The Administration recommends that the City Commission adopt a policy that the City, through it's contractors, need not pay administrative fees for City projects. Administrative fees include application and processing fees for site plan review, CAB review, variance fees and building permits. BACKGROUND: It has been routine past practice for the City to waive the payment of various administrative fees for City projects. This was accomplished by either specifically stating in the contract with the City's architect or engineer that it was not necessary for them to pay City fees; or, if it was not specifically mentioned in the contract, then the fees were waived administratively based upon past practice. Recent examples include the City Hall Expansion contract where this waiver was specifically mentioned, but in the contract for Fire Station #2, it was not. It is the opinion of the City Attorney's office that the City does not have to pay these fees for City projects, whereby the City in effect is paying said fees to ourselves. It is also the recommendation of the City Attorney's office that the City Commission ratify and approve a policy that the City need not pay these fees. (memo attached) RECOMMENDED ACTION: The City Commission ratifies and approves a policy that the City does not have to pay administrative fees which consist of site plan reviews, CAB review, variance fees and building permits, for City projects. FRS:DQ Attachment F/2 A:CityFees.cc 39 . . 5qfr [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ) I (15.1. I" SII< liT. SI. r: I 4 .,<p. ..,....;;. DJ:[.R:\Y Ul-.\ClL !TORIDA 33483 ~(l5n43.7nCln MEHORANDUM Date; May 5, 1989 From: Susan A. Ruby, Assistant City Attorney To; Frank Spenc~, Director' af Development Services Group ~,ubject: Site Plan and Variance Fees For Citv Projects This letter is to confirm our telephone conversation of May 3, 1989 regarding the above stated matter. In years past the City did not. subject itself to zoning requirements which would entail the payment of siteplan variance or other zoning fees. However, now that the City has subjected itself to zoning regulations you have raised the question of whether the City must pay these fees for City projects in general and more specifically for the fire station #2 project. It is our office's opinion, that the City need not pay these fees, If...,the administration drafts a policy that the City need not pay these fees, in effect, to themselves. It is our recommendation that the administration submit this policy to the City Commission for their ratification, especially L"l light of the fact that, as to fire station #2, ~ceeds would be the source of payment. cc: Walter O. Barry, City Manager C l .' i L l , t , -~ , t " -. ; ~. RESOLUTION NO. Is-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the City manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Cod~ of Ordinances of the City of Delray Beach, the City Manager or his des~gnated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the sti\ndarns set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner (s) of the land (s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Coae of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) davs from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written r~uest for a hearing to review the decision that a nuisance existed within seven (7) days from the date of said notice, failing in which the City of Delray Beach would proceed to correct this condition by ahating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, t~EREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) I..ithin seven (7) days subsequent to the rendering of a decision adverse to the property owner(s) (thirty-five (35) days for violation of 100.04); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land (s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), 4D NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied Rn assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% 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 eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section s. That in the event that payment has not been received 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 certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs inClUding a reasonable attorney's fee. Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form prescribed in Section 100.27 of the Code of Ordinances, shall be mailed to the property owner. of PASSED AND ADOPTED in regular session on this the , 1989. day ATTEST: MAYOR City Clerk - 2 - Res. No. 15-89 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION S39.S' OF LOT 5 & N18.5' OF LOT 6, BLOCK 78, TOWN OF DELRAY,PB I, P 3, PUBLIC RECORDS, PALM BEACH COUNTY,FL. (131-133 S.E. 1ST AVENUE) Sl12' OF W77.s' OF E97.5' OF BLOCK 34, TOWN OF DELRAY, PB 10, P 45, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (301 N.W. 2ND STREET) LOT 23, BLOCK 7, OSCEOLA PARK, PB 3, P 2, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (610 S.E. 3RD AVENUE) LOT 20, BLOCK 103, TOWN OF DELRAY, PB 2, P 19, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.E. 4TH AVENUE) LOT 21, BLOCK 103, TOWN OF DELRAY, PB 2, P 19, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.E. 4TH AVENUE) LOT 22, BLOCK 103, TOWN OF DELRAY, PB 2, P 19, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.E. 4TH AVENUE) LOT 17, BLOCK 54, RESUB. OF S 1/2 OF BLOCK 54, DELRAY, PB II, P 2, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (Ill S.W. 2ND STREET) LOT 1, BLOCK 3, SUNFLOWER, DELRAY, SEC. I, PB 31, P 36, PUBLIC RECORDS, PALM BEACH COUNTY, FL (3876 N.W. 9TH STREET) LOT 1, BLOCK 11, SEACREST PARK, PB 24, P 33, PUBLIC RECORDS, PALM BEACH COUNTY,FL (2001-2003 N.E. 3RD AVENUE) LOT 2, BLOCK 11, SEACREST PARK, PB 24, P 33, PUBLIC RECORDS, PALM BEACH COUNTY,FL (2009-2011 N.E. 3RD AVENUE) LOT 19, BLOCK I, ATLANTIC PARK GARDENS, PB 14, P 56, PUBLIC RECORDS, PALM BEACH COUNTY, FL (47 N.W. 13TH AVENUE) LOTS II & 12, BLOCK 19, TOWN OF DELRAY, PB 11, P 73, PUBLIC RECORDS, PALM BEACH COUNTY, FL (137 N.W. 6TH AVENUE) OWNER EAST ATLANTIC INV. CORP. 1230 VISTA DEL MAR DELRAY BEACH, FL 33483 JOSEPH G. & MARIE FORMUL (HUSBAND AND WIFE) 301 N.W. 2ND STREET DELRAY BEACH, FL 33444 ARTHUR & IRENE GRANT (HUSBAND AND WIFE) 610 S.E. 3RD AVENUE DELRAY BEACH, FL 33444 S.PUGLIESE & R.PUGLIESE PAULETTE A. STEFANKO, ET AL TRS. 7699 N.E. 8TH COURT BOCA RATON, FL 33487 S.PUGLIESE & R.PUGLIESE PAULETTE A. STEFANKO, ET AL TRS. 7699 N.E. 8TH COURT BOCA RATON, FL 33487 S.PUGLIESE & R.PUGLIESE PAULETTE A. STEFANKO, ET AL TRS. 7699 N.E. 8TH COURT BOCA RATON, FL 33487 MARY E. GEORGE % CARTARET SAVINGS 10 WATERVIEW BLVD. PARSITPANY, NJ 07054 ATTN: LLOYD MULLINS FRED BEMARDI 3876 N.W. 9TH STREET DELRAY BEACH, FL 33445 ALPERT S. DAVID P.O. BOX 674 DELRAY BEACH, FL 33447 ALPERT S. DAVID P.O. BOX 674 DELRAY BEACH, FL 33447 ELDORA LAFLEUR % SHERRILL M. TURNER 485 N.W. 88TH STREET MIAMI, FL 33150 LILLIAN D. ROLLE 137 N.W. 6TH AVENUE DELRAY BEACH, FL 33444 -3- ASSESSMENT $ 50.00 50.00 (ADM. COST (RECORDING $ 80.00 50.00 (ADM. COST (RECORDING $ 30.00 50.00 (ADM. COST (RECORDING $ 16.68 16.68 (ADM. COST (RECORDING $ 16.66 16.66 (ADM. COST (RECORDING $ 16.66 16.66 (ADM. COST) (RECORDING) $ 70.00 50.00 (ADM. COST (RECORDING $ 80.00 50.00 (ADM. COST (RECORDING $ 12.50 25.00 (ADM. COST (RECORDING $ 12.50 25.00 (ADM. COST (RECORDING $ 40.00 50.00 (ADM. COST (RECORDING $225.00 50.00 (ADM. COST (RECORDING Res. No. 15-89 LOTS 19 & 20, BLOCK C, RIDGEWOOD HEIGHTS, PB 14, P 44, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1122 S.W. 7TH AVENUE) LOT 3, BLOCK 6, ATLANTIC GARDENS, DELRAY, PB 14, P 63, PUBLIC RECORDS, PALM BEACH COUNTY, FL (109-111 S.W. 12TH AVENUE) LOTS 8 & 9 (LESS RD R/W), BLOCK 2, SOPHIA FREY ADDN., PB 4, P 37, PUBLIC RECORDS, PALM BEACH COUNTY, FL (911 N. FEDERAL HIGHWAY) NI7.s' OF LOT 2, LOT 3 & N67.s' OF E20' OF LOT 4, VISTA DEL MAR, DELRAY BEACH, PB 13, P 21, PUBLIC RECORDS, PALM BEACH COUNTY, FL (310 N. OCEAN BOULEVARD) S80.26' OF LOT 4/LESS WssO', BEACH LOTS, DELRAY, PUBLIC RECORDS, PALM BEACH COUNTY, FL (AlA & LAING STREET) LOT 2, BELLEHAVEN UNIT A, PB 26, P 164, PUBLIC RECORDS, PALM BEACH COUNTY, FL (304 S.W. lITH AVENUE) NsO' OF S3S6.4' OF E135' OF BLOCK 24, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 5TH AVENUE) S4s.s6' OF N190.s6' OF E135' OF BLOCK 24, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 5TH AVE. & S.W. 3RD ST) NW 1/4 OF NE 1/4 OF LWDD E-4 CANAL/LESS PL OF SUDAN UNIT A IN PB28P244/& PT OF NE 1/4 OF NW 1/4 IN OR969P287, SUB. OF SEC. 18-46-43, PUBLIC RECORDS, PALM BEACH COUNTY, FL (AMBROSE DRIVE) LOT 12, LINCOLN PARK, DELRAY, PB 23, P 160, PUBLIC RECORDS, PALM BEACH COUNTY, FL (145 S.W. 10TH AVENUE) LOT 5, BLOCK 99, TOWN OF DELRAY, PB 2, P 21, PUBLIC RECORDS, PALM BEACH COUNTY, FL (N.E. 4TH AVENUE) FERNANDO SUAREZ & ONOFRE SUAREZ 1122 S.W. 7TH AVENUE DELRAY BEACH, FL 33444 JACK D. WALKER 502 GARDENIA TERRACE DELRAY BEACH, FL 33444 GEORGE B. LIDDY 911 N. FEDERAL HIGHWAY DELRAY BEACH, FL 33483 WILLIAM J. McENTEE, JR. 310 N. OCEAN BOULEVARD DELRAY BEACH, FL 33483 WM.A. & ELIZABETH PERRY (HUSBAND & WIFE) 38 HIGH AVENUE NYACK, NY 10960 WILLIE & LOUISE SIMMONS (HUSBAND & WIFE) % CITY FEDERAL SAVINGS & LOAN ATTYS SHANKS & BUTLER 100 S. ASHLEY DR,STE 1940 TAMPA, FL 33602 ATTN: ECHEVARRIA ADELENE JENKINS 245 S.W. 12TH AVENUE DELRAY BEACH, FL 33444 HOUSE OF GOD DELRAY BEACH, FLORIDA 5605 SIMS ROAD DELRAY BEACH, FL 33484 BRD OF PUBLIC INSTRUCTION P.O. BOX 24690 w. PALM BEACH, FL 33416 ATTN: LINDA HOWELL SAMUEL JONES 914 S.W. 1ST STREET DELRAY BEACH, FL 33444 ROBERT & SUSAN RIDGLEY (HUSBAND & WIFE) 210 PALM TRAIL DELRAY BEACH, FL 33483 -4- $110.00 50.00 (ADM. COS~ (RECORDINC $ 55.00 50.00 (ADM. COS~ ( RECORDINC $ 75.00 50.00 (ADM. COS~ (RECORDIN( $ 70.00 50.00 (ADM. COS~ ( '1F.CORD IN( $ 80.00 50.00 (ADM. COS~ (RECORDIN( $ 75.00 50.00 (ADM. COS! (RECORDIN( $ 55.00 50.00 (ADM. COS! (RECORDING $340.00 50.00 (ADM. COS! (RECORDING $550.00 50.00 (ADM. COS! (RECORDING $ 50.00 50.00 (ADM. COST (RECORDING $ 75.00 50.00 (ADM. COST ( RECORDUIG Res. No. 15-89 N58' OF S312.12' OF El3s' OF BLOCK 10, TOWN OF DELRAY, PB I, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (N.W. 6TH AVENUE) S17' OF LOT 13, LOT 14 & N12' OF LOT IS/LESS WS' RD R/W, BLOCK 111, TOWN OF DELRAY, PB 12, P 46, PUBLIC RECORDS, PALM BEACH COUNTY, FL (261 S.E. 5TH AVENUE) S20' OF LOT 11, LOT 12 & N9' OF LOT 13/LESS WS' RD R/W, BLOCK Ill, TOWN OF DELRAY, PB 12, P 46, PUBLIC RECORDS, PALM BEACH COUNTY, FL (253 S.E. 5TH AVENUE) LOT 19, BLOCK 10, ATLANTIC GARDENS, DELRAY, PB 14, P 63, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 10TH AVENUE) LOT 18, BLOCK 3, ATLANTIC PARK GARDENS, PB 14, P 63, PUBLIC RECORDS, PALM BEACH COUNTY,FL (122-124 S.W. 12TH AVENUE) LOT 4, BLOCK 23, TOWN OF DELRAY, PB 10, P 69, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 5TH AVENUE) LOT 1, BLOCK 23, TOWN OF DELRAY, PB 10, P 69, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 5TH AVE. & S.W. 2ND ST) LOTS 16 & 17, BLOCK 11, DELRAY SHORES, PB 24, P 233, PUBLIC RECORDS, PALM BEACH COUNTY, FL (22 LAKE IDA ROAD) LOT I, BLOCK 2, FAIRLAWN, PB 25, P Is9, PUBLIC RECORDS, PALM BEACH COUNTY, FL (127-129 N.W. 13TH AVENUE) E 1/8 OF W 1/2 OF NI/2 OF LOT l/LESS N 1/2, SUB. OF SEC. 20-46-43, PB 28, P 68, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 6TH AVENUE) SS3.31' OF LOT 9, BLOCK B, SUNNY ACRES, PB 21, P 63, PUBLIC RECORDS, PALM BEACH COUNTY, FL (11 0 8 GERMANTOWN ROAD) LOT 5, BLOCK 11, DELRAY SHORES, PB 24, P 233, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. ANGLER DRIVE) IVERSON LASTER sll N.W. 2ND STREET DELRAY BEACH, FL 33444 JAMES T. MARTIN MANUEL RAMOS P.O. BOX 6642 W. PALM BEACH, FL 33405 JAMES T. MARTIN MANUEL RAMOS 253 S.E. 5TH AVENUE DELRAY BEACH, FL 33483 EVELYN CLINTON 143 S.W. 14TH AVENUE DELRAY BEACH, FL 33444 DANIEL MORGAN P.O. BOX 2231 DELRAY BEACH, FL 33447 ELEANORE WILSON ESTATE % MARK PERRY ATTORNEY 50 S.E. 4TH AVENUE DELRAY BEACH, FL 33483 JOHN PATMAN & JAMES PATMAN 82 N.W. 5TH AVE., tIS DELRAY BEACH, FL 33444 BOBBY N.& NORMA B.TATE (HUSBAND & WIFE) 22 LAKE IDA ROAD DELRAY BEACH, FL 33445 L.E. & LILLIE STRAINGE (HUSBAND & WIFE) 312 N.W. lOTH AVENUE DELRAY BEACH, FL 33444 KENNETH AUSTIN 1354 13TH STREET W. PALM BEACH, FL 33401 ARTHUR ALGONIS 76 N.E. 6TH AVE.,tI06 DEL RAY BEACH, FL 33483 BENJAMIN G. & JEANNIE M. BURROWS (HUSBAND & WIFE) 639 EAST 57TH STREET BROOKLYN, NY 117.34 -5- $ 50.00 50.00 (ADM. COST) (RECORDING) $ 50.00 25.00 (ADM. COST) ( RECORDING) $175.00 25.00 (ADM. COST) (RECORDING) $ 25.00 50.00 (ADM. COST) (RECORDING) $280.00 50.00 (ADM. COST) (RECORDING) $ 85.00 50.00 (ADM. COSTJ (RECORDING) $ 50.00 50.00 (ADM. COST) (RECORDING) $125.00 50.00 (ADM. COST) (RECORDING) $130.00 50.00 (ADM. COST) (RECORDING) $ 60.00 50.00 (ADM. COST) ( RECORDING) $250.00 50.00 (ADM. COST) (RECORDING) $ 55.00 50.00 (ADM. COST) (RECORDING) Res. No. 15-89 N25' OF LOT 30 & ALL OF LOT 31 & S 1/2 OF LOT 32, BLOCK 10, OSCEOLA PARK, PB 3, P 2, PUBLIC RECORDS, PALM BEACH COUNTY, FL (921 S.E. 2ND AVENUE) LOT 13, BLOCK 104, OSCEOLA PARK, PB 3, P 2, PUBLIC RECORDS, PALM BEACH COUNTY,FL (405 S.E. 4TH STREET) LOT 22, BLOCK 32, TOWN OF DELRAY, PB 6, P 97, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 5TH AVENUE) LOT 2 & N6' OF LOT 3 (LESS WS' RD R/W), BLOCK 74, (OLD SCHOOL SQUARE HISTORICAL DIST.), PB II, P 12, PUBLIC RECORDS, PALM BEACH COUNTY,FL (239-239 1/2 N.E. 1ST AVE.) THE E215' OF LOT 12 (LESS THE S80' OF THE Els0'), ESQUIRE SUB., PB 23, P 43, PUBLIC RECORDS, PALM BEACH COUNTY,FL (GERMANTOWN RD. & SW 9TH AVE) THE S31.25' OF THE E200' OF LOT 14 & N31.2s' OF THE E200' OF LOT IS, ESQUIRE SUB., PB 23, P 43, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1026 S.W. 9TH AVENUE) THE N60' OF THE E200' OF LOT 14, ESQUIRE SUB., PB 23, P 43, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1024 S.W. 9TH AVENUE) LOT 14/LESS E21s', ESQUIRE SUB., PB 23, P 43, PUBLIC RECORDS, PALM BEACH COUNTY,FL (1031 GERMANTOWN ROAD) LOT IS/LESS E21s', ESQUIRE SUB., PB 23, P 43, PUBLIC RECORDS, PALM BEACH COUNTY,FL (1035 GERMANTOWN ROAD) S60' OF E200' OF LOT 15, ESQUIRE SUB., PB 23, P 43, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1028 S.W. 9TH AVENUE) LOT I (LESS MARTEL ARMS CONDO PHASE 1,2,& 3), MARTEL ARMS, PB 37, P 133, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1010 N.E. 8TH AVENUE) SIMON BAZELIAS 381 HASTING STREET BOCA RATON, FL 33432 RICHARD B. & LEULLA S. RODGERS (HUSBAND & WIFE) 4720 S. OCEAN BOULEVARD HIGHLAND BEACH, FL33487 J. W. & MARGARET YOUNG (HUSBAND & WIFE) 317 S.W. 5TH AVENUE DELRAY BEACH, FL 33444 KENNETH & PATRICIA RODE (HUSBAND & WIFE) RT. 1, BOX 19lR HIAWASSEE, GA 30546 DAVID C. LEDBETTER 760 N.W. 7TH STREET DELRAY BEACH, FL 33444 ROBERTO RODRIGUEZ & DENIZ FERNANDEZ % L. SUMMERS, ASST.ATTY US ATTY OFF,CIVIL DIV N 155 S. MIAMI AVENUE MIAMI, FL 33130 DENIZ FERNANDEZ, ROBERTO RODRIGUEZ & A.T. OLIVA % L. SUMMERS, ASST.ATTY US ATTY OFF, CIVIL DIV N lss S. MIAMI AVENUE MIAMI, FL 33130 ROBERTO RODRIQUEZ,THOMAS OLIVA & DENIS FERNANDEZ % L. SUMMERS, ASST.ATTY US ATTY OFF, CIVIL DIV N lss S. MIAMI AVENUE MIAMI, FL 33130 ROBERTO RODRIQUEZ,THOMAS OLIVA & DENIS FERNANDEZ % L. SUMMERS, ASST.ATTY US ATTY OFF, CIVIL DIV N 155 S. MIAMI AVENUE MIAMI, FL 33130 ABRAHAM OLIVA, D. FERNANDEZ & R.RODRIGUEZ % L. SUMMERS, ASST.ATTY US ATTY OFF, CIVIL DIV N lss S. MIAMI AVENUE MIAMI, FL 33130 MONA SIMPSON, PRESIDENT EAST ATLANTIC INV. CORP % VACATION RENTALS 1600 N. FEDERAL HIGHWAY DELRAY BEACH, FL 33483 -6- $ 35.00 50.00 (ADM. COST (RECORDING $ 70.00 50.00 (ADM. COST (RECORDING $100.00 50.00 (ADM. COST (RECORDING $ 50.00 50.00 (ADM. COST (RECORDING $775.00 50.00 (ADM. COST (RECORDING $155.00 10.00 (ADM. COST (RECORDING $lss.OO 10.00 (ADM. COST (RECORDING $155.00 10.00 (ADM. COST (RECORDING $155.00 10.00 (ADM. COST (RECORDING $155.00 10.00 (ADM. COST (RECORDING $175.00 50.00 (ADM. COST (RECORDING Res. No. 15-89 LOT 10, BLOCK 15, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 7TH AVENUE) LOT 11, BLOCK 15, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 7TH AVENUE) LOT 12, BLOCK IS, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 7TH AVENUE) LOT 13, BLOCK 15, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 7TH AVENUE) LOT 14, BLOCK 15, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 7TH AVENUE) LOT IS, BLOCK IS, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 7TH AVENUE) LOT 16, BLOCK IS, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 7TH AVENUE) SSO' OF N200' OF E135' OF BLOCK 13, TOWN OF DELRAY, PB I, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (14 S.W. 6TH AVENUE) LOT 32, BLOCK 32, TOWN OF DELRAY, PB 6, P 97, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 5TH AVENUE) LOT 33, BLOCK 32, TOWN OF DELRAY, PB 6, P 97, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 5TH AVENUE) LOT A, BLOCK 2, BELAIR HEIGHTS DELRAY, PB 20, P 45, PUBLIC RECORDS, PALM BEACH COUNTY,FL (WEST ATLANTIC AVENUE) W80' OF E300' OF S130' OF N145' OF LOT 9!LESS R!W SR 806, SUB. OF SEC. 17-46-43, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (WEST ATLANTIC AVENUE) LOT 23, BLOCK C, RIDGEWOOD HEIGHTS, DELRAY, PB 14, P 44, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 7TH AVENUE) LOT 24, BLOCK 17, RESUB. OF BLOCK 17, DELRAY BEACH, PB 21, P 90, PUBLIC RECORDS, PALM I5EACH COUNTY, FL (342-344 N.W. 5TH AVENUE) WILLIE WRIGHT 106 N.W. 12TH AVENUE DELRAY BEACH, FL 33444 WILLIE WRIGHT 106 N.W. 12TH AVENUE DELRAY BEACH, FL 33444 WILLIE WRIGHT 106 N.W. 12TH AVENUE DELRAY BEACH, FL 33444 WILLIE WRIGHT 106 N.W. 12TH AVENUE DELRAY BEACH, FL 33444 WILLIE WRIGHT 106 N.W. 12TH AVENUE DELRAY BEACH, FL 33444 WILLIE WRIGHT 106 N.W. 12TH AVENUE DELRAY BEACH, FL 33444 WILLIE WRIGHT 106 N.W. 12TH AVENUE DELRAY BEACH, FL 33444 CHURCH OF GOD BY FAITH 338 N.W. 6TH AVENUE DELRAY BEACH, FL 33444 ROGER JOHNSON 2213 HOOD STREET HOLLYWOOD; FL 33020 ROGER JOHNSON 2213 HOOD STREET HOLLYWOOD, FL 33020 JOHN ANDREWS P. O. BOX 1141 DELRAY BEACH, FL 33447 JOHN ANDREWS P.O. BOX 1141 DELRAY BEACH, FL 33447 IRENE COX 1106 S.W. 7TH AVENUE DELRAY BEACH, FL 33444 GLORIA H. SKINNER 806 N.W. 4TH STREET BOYNTON BEACH, FL 33435 -7- $ 10.74 7.16 (ADM. COST' (RECORDING $ 10.71 7.14 (ADM. COST (RECORDING $ 10.71 7.14 (ADM. COST (RECORDING $ 10.71 7.14 (ADM. COST (RECORDING $ 10.71 7.14 (ADM. COST (RECORDING $ 10.71 7.14 (ADM. COST (RECORDING $ 10.71 7.14 (ADM. COST (RECORDING $ 55.00 50.00 (ADM. COST: (RECORDING: $ 25.00 25.00 (ADM. COST: (RECORDING $ 25.00 25.00 (ADM. COST (RECORDING $ 52.50 25.00 (ADM. COST (RECORDING $ 52.50 25.00 (ADM. COST (RECORDING $ 80.00 50.00 (ADM. COST (RECORDING $105.00 50.00 (ADM. COST (RECORDING Res. No. 15-89 LOT 13, BLOCK 3, ROSEMONT PARK, PB 13, P 60 PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 5TH AVE & S.W. 7TH ST) LOT 5, BLOCK 4, ATLANTIC GARDENS, PB 14, P 56, PUBLIC RECORDS, PALM BEACH COUNTY,FL (217 S.W. 13TH AVENUE) S96' OF N144' OF E13s' OF BLOCK 34, TOWN OF DELRAY, PB 10, P 45, PUBLIC RECORDS, PALM BEACH COUNTY, FL (N.W. 3RD AVENUE) LOT 15, POINCIANA HEIGHTS, DELRAY BEACH, PB 26, P 245, PUBLIC RECORDS, PALM BEACH COUNTY, FL (307 N.W. lITH AVENUE) VERNON VARIANCE & IVAL STIRRUP 641 S.W. 6TH AVENUE DELRAY BEACH, FL 33444 R.M. & JUANITA E. COFFEY (HUSBAND & WIFE) 1502 N.W. 85TH STREET MIAMI, FL 33147 JOE CONYER 714 N.W. 3RD STREET DELRAY BEACH, FL 33444 BELONY & MARY PARD lEU (HUSBAND & WIFE) 10 S.W. ANGLER DRIVE DELRAY BEACH, FL 33445 $110.00 50.00 (ADM. COST (RECORDING $ 60.00 50.00 (ADM. COST (RECORDING $ 25.00 50.00 (ADM. COST (RECORDING $ 80.00 50.00 (ADM. COST (RECORDING VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -8- Res. No. 15-89 I RESOLUTION NO.2?-B9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 16s, 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 16s and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 16s, of the Code of Ordinances 0 the City of Delray Beach, the Building Official or his designate representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in! Chapter 16s and/or Chapter 96 of the Code of Ordinances, and did furnis~. the respective owner(s) of the land(s) described in the attached lis with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that thei building was manifestly unsafe and is considered a hazard to life an public welfare pursuant to Chapter 16s, 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 0 demolished; work must be begun within sixty (60) days and all work mus be completed within such time as the Building Official determines, sai 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 a appeal or to make the repairs required that the Building Official woul have the authority to have the building demolished from the date of th said notice; and, WHEREAS, all the notice requirements contained wi thin 16s have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeal or corrective action was undertaken in accordance with the order of th 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 16s.42 of the Code of Ordinances of the City 0 Delray Beach, submitted to the City Conunission a report of the cost incurred in abating said condition as aforesaid, said report indicatin 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 th cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: L1\ Section I. That assessments in the amount ofSl.980.00 On s i e hundred ei ht and no 100 dollars as shown by the report 0 the City Manager of the City 0 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 wi thin thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are cOllectible. Section 2. That such assessments shall be legal, valid and binding obl~gations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directea to immediately ma~l 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 asses 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 s. 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. of Mav PASSED AND ADOPTED in regular session on this the 2~rn , 1989. dali ATTEST: MAYOR City ClerIC - 2 - Res. No. 22-8! OOl'ICE OF ASSESSMENr ~, .:1.~, /f',!>7 I Date TO: David and Felice Ledbetter ~: 760 NW 7th Avenue, Delray Beach, Fl 33444 p~~~: 1210 Germantown Road, Delray Beach, Fl 33444 LEGAL ~ON: 582.50 feet of East 33 feet of Lot 5 and 582.50 feet of North 142.5 Iee~ or ~oc I, D~OCK u, ~unny ACres, accord1ng to p~at ~OOk ZI, Pagt 63 of the official records of Palm Beach County, Fla. You, as the record owner of, or holder of an interest in, the aOOve-described property are hereby advised that a cost of $1 ClRn nn by resolution of the City Council of the City of Delray Beach, Florida, dated ~/7. .=l 1 , 19.ff, has Oeen levied against the aOOve-described property. I j 'l11e costs were incurred as a result of a nuisance abatemen~ actial regarding' the above-described property. You 'NeI'e given written notice on l1-11_RR that the building official has deteDnined that a building located on the aIxIve- described property was unsafe. You 'NeI'e advised in that notice of the action to be taken to rEI~ that unsafe condition and of the tine within which the reI1Eldial actial was required to be taken. You failed to appeal the decision of the b1ilding official to the Board of Construction J\f{'e"ls although you were infonned 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 "'IT""<'led the decision of the building official to the Board of Constzu:tion ~ls. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction ~s within a stated period of tine. You failed to take the action as required by the order of the Board of Const.ructi.al ~s. 'lhe City of Delray Beach has therefore taken rEI1edi.al action to l:'erIDve the unsafe conditi<n existing al the above-described property on 3-20-89 at a cost of $1 ClRn nn which includes a ten percent (lOt) administrative fee. If you fail to pay this cost within thirty (301 days, that cost shall be recorded on the Official Recorda of Palm Beach County, Florida against the al:xJve-described property. x Copy of all notices referred to in this notice are available in the office of the .,.,i1i1iD1 official. BY ORDER OF THE CI'lY CXXN:IL. ~ L~-Lp ~....~" CJ.ty i!rIt ." RESOLUTION NO.23-89 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 1 SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION1 PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS 1 PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS1 PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 16s, 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 16s and those Codes adopted in Chapter 96 of the Code of Ord- inances1 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 16s 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 16s, 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 demolished1 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 notice1 and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with1 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 Official1 therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done1 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 COll'lllission 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 COllDllission of the City of Oelray 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, FIE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 42. Section 1. That assessments in the amount of S2.143.90 Two thousand one hundred forty three and 90/100 dollars as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 16s.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. of PASSED AND ADOPTED in regular session on this the 23rd May , 1989. day MAYOR ATTEST: City (;~erK - 2 - Res. N023-89 00l'ICE OF ASSESSMENl' ~- ..2 3 /9Pt tf 'Date 'ill: Daisy M. Ray AlDRESS : PO Box 74, Lenox, GA 31637 P!'LI.t'J:iKJ;{ : 17 SW 13th Avenue, Delray Beach, FI 33444 Lot 13, Block 2, Atlantic Park Gardens according to Plat Book 14, Page 56 of the official records of Palm Beach County, FI You, as the record owner of, or holder of an interest in, the above-desc:ril::led property are hereby advised that a cost of $2,143.90 by resolutial of the City Council of the City of Delray Beach, Florida, dated ~ J, ~ .~ , 19 Z[, has been levied against the above-descril::led property. ' I 'n1e costs were incurred as a result of a nuisance, abatement action reqaMjn;' the above desczil::led property. You 100Iere given written .notice on II 1-1111 that the b.1ilding official has deteJ:mined that a building located on the above- descril::led property was unsafe. You were advised in that notice of the action to be taken to reu...dy that unsafe condition and of the time within which the ~bl action was required to be taken. ux;AL IESCRIPl'IOO: You failed to appeal the decision of the b.1ilding official to the Board of Construction Aweal.s although you were infoJ:llEld of your right to an appeal and of the procedures for obtaininq "l"{"""1. You have also failed to take the corrective acticn required by the notice of the b.1ilding official. You appealed the decision of the building official to the Board of Construction Aweal.s. You were given written ootification on 11-18-88 that you were required to take the corrective action required by the decision of the Board of Construction Aweal.s within a stated period of time. You failed to take the action as required by the o%der of the Board of Construction A["{'eals. 'D1e City of Delray Beach has therefore taken renedial action to ratDIIe the unsafe ocnditial existing <n the above-descril::led property on . 3-15-89 at a cost of $2,143.90 which includes a ten percent (10') aaninistrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded <n the Official Reoo1:ds of Palm Beach CWnty, Florida against the above-descril::led property. x 'COpy of all notices referred to in this notice are av"d 1 able in the office of the Ql1ilrljng official. BY ORDER (F THE CI'lY CXUCIL. L~..,~/Ci~-? Jh , l'm'ICE OF ASSESSMENr ~) .;t s, /ft?f oate 'ill: J. Reeve Bright AIDRESS : 32 East Atlantic Avenue, Delray Beach, Fl 33444 17 SW 13th Avenue, Delray Beach, Fl 33444 PKlPl!a<l:i: Lot 13, Block 2, Atlantic Park Gardens according to Plat Book 14, Page 56 of the official records of Palm Beach County, Fl You, as the record owner of, or holder of an interest in, the aI::ove-described property are hereby advised that a cost of --.J7 1"1 an by resolution of the City Council of the City of Delray Beach, Florida, dated "7"YI ~ .,2, ~ , 19..et., has lJeen levied against the aI::ove-described property. tJ ~ '!be costs were incurred as a result of a nuisance abatement action regarding' the above-described property. You were given written notice <n 8-1-88 that the building official has deteJ::mined that a building located on the above- described property was unsafe. You were advised in that notice of the action to be taken to remedy that unsafe condition and of the time within which the remedial action was required to be taken. UXiAL DESCRIPl'IOO: You failed to appeal the decision of the building official to the Board of ConstJ:ucti.on JlCt-als although you were infoJ:IllEld of your right to an appeal and of the procedures for obtai.ning 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 11-18-88 that you were required to take the corrective action required by the decision of the Board of ConstJ:ucti.on Appeals within a stated period of time. You failed to take the action as required by the omer of the Board of Construction ~1 s. '!he City of Delray Beach has therefore taken remedial action to tE!IIIMl the unsafe condition existin;1 00. the allove-described property on 1_1 ~_AQ at a cost of $7 1t.1 an which includes a ten percent (10\' administrative fee. If you faii to pay thi3 cost within thirty (30' days, that cost shall be recorded on the Official Records of Palm Beach County, Florida aqainst the above-described property. Copy of all notices referred to in thi3 notice are available in the office of the nl1i lning official. BY ORDER (F TfIE CITY ClXlCn.. ~~'L~~"J~ RESOLUTION NO. 24-89 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 1 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 1 PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTSl PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 16s, 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 16s and those Codes adopted in Chapter 96 of the Code of Ord- inancesl and, WHEREAS, pursuant to Chapter 16s, 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 ail 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 16s, 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 withl 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 16s.41 the Build- ing Official caused the abatement action to be donel 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 involvedl 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: 4~ Section I. That assessments in the amount of$3,05l.40 Three thousand f1fty one and 40/100 dollars 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 parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. of PASSED AND ADOPTED in regular session on this the 23rd May , 1989. day M A Y U K ATTEST: City Clerx - 2 - Res. No. 24-89 OOl'ICE OF AS5ESSMENr '"?-Y1 ~ I d2 ~, ,/f'!'9 Date TO: Jesus C. and Esperanza M. Escalera ADDRESS: PO Box 2629, Delray Beach, PI 33447 PROPERTY: 11002-04 Germantown Road, Delray Beach, Fl 33444 UXiAL DESCRIPl'IOO: see attached legal You, as the record owner of, or holder of an interest in, the above-described property are hereby advised that a cost of $3,051.40 by resolution of the City Council of the City of Delray Beach, Florida, dated ~.I. .;2 " 19ff.., has .been levied against the above-described property. I '!he costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given written notice on 11-9-88 that the buildin;J 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 remedy that unsafe condition and of the time within which the remedial 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 infonned 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 J\ppeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. '!he City of Delray Beach has therefore taken rEm!dial action to renove the unsafe condition existing on the alxlve-described property on 4-18-89 at a cost of $3,051.40. 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-clescribed property. x Copy of all notices referred to in this notice are available in the office of the "'" i1 din;J official. BY ORDER OF 'mE CITY <D.N:IL. -<jr- ;,~~....u / City erk RESOLUTION NO.25-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 16s, 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 16s, 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 16s, of the Code of Ordinances of the City of Delray Beach, the Ruilding Official or his designated representative has inspected said land (5) 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 \"as 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, NHEREAS, 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 16s.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 involved1 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: LfLt Section 1. That assessments in the amount of $1,786.40 sand seven hundred ei ht six and 40 100 dollars as shown ~y the report of the City Manager of the City of Delray a copy of which ~s attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. of PASSED AND ADOPTED in regular session on this the 23rd May , 1989. day ATTEST: MAYOR City Clerk - 2 - Res. No. 25-89 NOTICE OF ASSESSMENT '-r>I A 1 02 Si/9.P? Date ' TO: Security and Investment Corporation of the Palm Beaches ADDRESS: PO Box 14970, North Palm Beach, FI 33408 PROPERTY: 521 NW 2nd Street, Delray Beach, Fl 33444 LEGAL DESCRIPTION: West 50 feet of the South 150 feet of Block 18, Town of Linton, according to Plat Book 1, Page 3 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 $1,786.40 by reaolution of the City Commission of the City of Delray Beach, Florida, dated ~ ~ a ,1989, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 10-4-88 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 that would be taken to remedy that unsa~e condition and that the action would be initiated on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an 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 Constr4ction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Building Official. An emergency action was undertaken at the above described property to remove an unsafe condition. An appeal was not received 30 days after the action was taken although you may still have an appeal right as to the cost of the action. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 3-15-89 at a cost of $1,786.40 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 COMMISSION. . .c~ ;./~~~ h~ City C er RESOLUTION NO. 26-89 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 16s, 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 16s 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 16s.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 COlIII\ission 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: 4.5> Section I. That assessments in the amount of 51.483.90 I One thousand four hundred eiqhtv three and 90{100 dollars as shown bYI the report of the City Manager of the City 0 Delray a copy of ~hich is attached hereto and made a part hereof, are hereby levied agal.nst 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 andl 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 assesl 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. of PASSED AND ADOPTED in regular session on this the May , 1989. 23rd da ATTEST: MAY City ClerIC - 2 - Res. NO.26-8 OOl'ICE OF ASSEssHENr '/J'?!""/ ,.:;)5 /~J'~ Date TO: John M. and Marianne M. Ghent ~: 246 Lake Eden Way, Delray Beach, Fl. 33444 ~: 521 Southridge Road, Delray Beach, FI 33444 ~ DESCRIPrIOO: Lots 2 and 3, Block 7. Southridge Plat 2 according to Plat Book 13 Page 39 of the official records of Palm Beach County. FI You, as the record owner of, or holder of an interest in, the above-c1esctibed property are hereby advised that a cost of Sl ~A1 qn by resolutiat of the City Council of the City of Delray Beach, Florida, dated ~ b iJ ..;l. ~ 19~, has ~ levied against the alxlve-described property. . I 'nIe costs ~ incurred as a result of a rmisance abatement acti.cn regardinI;r' the alxlve-described property. You were given written notice <n 11-1-88 that the building official has deteJ:mined that a builliiilg located ell the ~ described property was unsafe. You were advised in that ootice of the action to be taken to rea....cly that unsafe caldition and of the time within which the ranedial actia1 _ required to be taken. . You failed to appeal the decision of the building official to the Board of Construction ~] s although }'OIl were infozmed of }'OUr right to an appeal and of the procedures for obtaining "A?""'l. You have also failed to take the corrective acti.cn ~ed by the notice of the building official. You ~ 1 ed the decision of the building official to the Board of Construction Appeals. You were given written rotification on that you were required to take the corrective action required by the decision of the Board of Ca1st:ruction ~19 within a stated period of time. You failed to take the action as required by the order of the Board of Construction ~1 s. '!be City of De1ray BeIIIch has therefore taken remedial action to I'E!IIDIIe the unsafe ccnditicn existincJ <n the ~ibed property on 3-15-89 at a 008t of $1.483.90 which includes a ten peJ:Cent (10') administrative fee. If}'Oll fail to pay this cost within thirty (30) days, that cost shall be rec:ordal <n the Official Recx:l%ds of Palm Beach County, Florida against the above-described property. x Copy of all notices referred to in this ootice are av"'; 1 able in the office of the ....; Mj~ official. BY ORDER OF 'mE CI'lY OXH:IL. ~7:./~ ~ ~. -" RESOLUTION NO. 27-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 16s, 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 16s, 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 16s 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 16s, 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 AppealE 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 costE incurred in abating said condition as aforesaid, said report indicatin~ 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 TH1 CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Liro Section 1. That assessments in the amount of$I.2s9.s0 One thousand two hundred fifty nine and sO/IOO dollars as shown byl the report of the City Manager of the City of Delray a copy of which ~s 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 parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding oOi~gat~ons 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 asses: 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 thirtyl (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailingl 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. of PASSED AND ADOPTED in regular session on this the 23rd May , 1989. day ATTEST: MAY 0 R City Clerk - 2 - Res. No. 27-8 OOl'ICE OF ASSESsMENr r..-y",O:J ~ 'k'?'? TO: John M. and Marianne M. Ghent ~: 246 Lake Eden Way, Delray Beach, Fl 33444 PRaPERrY: 519 Southridge Road, Delray Beach, Fl 33444 LEGAL~ON: Lots 2 and 3, Block 7, Plat 2 of 2, Southridge, according to Plat Book 13, Page 39 of the official records of Palm Beach County, Fl You, as the record owner of, or holder of an interest in, the above-descri.bed property are hereby advised that a cost of $1. 2 ~9 ~o by reaolut:i.a1 of the City Council of the City of Delray Beach, Florida, dated ..,...,.,,~_ .;L.3 19 f't..., has oeen levied against the allove-descri.bed property. # 'lbe costs ~ incurred as a result of a nuisance abatsrent action reqardinq' the above-described property. You were given written notice <n 12-20-88 that the building official has detennined that a building located on the above- described property was unsafe. You ~ advised in that notice of the action to be taken to rE!llE!dy that unsafe coodi.tion and of the time within which the reIlIldi.aJ. action was required to be taken. x You failed to appeal the decision of the building official to the Board of Consttucti.on 1\PI?"""ls although you ~ infozmed of your right to an appeal and of the procedures for abta:i.ztin:J 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 1\ppeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the 0J:der of the Board of Construction Appeals. '!he City of Delray Bel!Ich has therefore taken remedial action to rE!IlXJVe the unsafe condition existing on the above-descri.bed property on 3-15-89 at a cost of $1.2~9.~O which includes a ten percent (10') administrative fee. If you fail to pay this cost within thirty 130) days, that cost shall be reooxded <n the Official !lecords 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 hl1niH~ official. BY 0Ia:R OF 'mE CITY OXH:IL. ~~-"L<~ ~I" C~ty C RESOLUTION NO. 28-89 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 16s, 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 16s 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 designatec representative has inspected said land(s) and has determined that ar unsafe building existed in accordance with the standards set forth ir Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnist 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 16s, of the Code of OrdinancelO 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 01 demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, saie 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 ar appeal or to make the repairs required that the Building Official WOU11 have the authority to have the building demolished from the date of thE said notice; and, WHEREAS, all the notice requirements contained within Chapte: 16s have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeal: or corrective action was undertaken in accordance with the order of tho 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 16s. 42 of the Code of Ordinances of the City 0 Delray Beach, submitted to the City Commission a report of the cost incurred in abating said condition as aforesaid, said report indicatin 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 th cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TH CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 41 Section I. That assessments in the amount of Four hundrea n1nety five and no/lOa dollars the report of the City Manager of the City of Delray attached hereto and made a part hereof, are hereby levied against th parcel (s) of land described in said report and in the amount (s) indi cated thereon. Said assessments so levied shall, if not paid withi 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 describe in said report, of the same nature and to the same extent as the lie for general city taxes and shall be collectible in the same manner an with the same penalties and under the same provisions as to sale an foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid binding oD~1gat10ns upon the property against which said assessments 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 suc 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 asse ment against said property for the cost of abatement action regarding a unsafe building by the thirty (30) days after the mailing date of sai 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., , I , Section 4. That this resolution shall become effective thirt~ (30) days from the date of adoption and the assessment (s) contained! herein shall become due and payable thirty (30) days after the mailin~ date of the notice of said assessment(s), after which a lien shall b placed on said property(s), and interest shall accrue at the rate of si percent (6%) per annum plus reasonable attorney's fee and other costs 0 collection. Section s. 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. of PASSED AND ADOPTED in regular session on this the 23rd May , 1989. day ATTEST: MAY 0 R City Clerk - 2 - Res. No. 28-e NOTICE OF ASSESSMENT '-/1 . ,,;-' /' /7[. t'_ //<""):!:-- 1"_Z- Date TO: Kenneth C. and Patricia K. Rode ADDRESS: Rte 1, Box 191R, Hiawassee, Georgia 30546 PROPERTY: 239t NE First Avenue, Delray Beach, Fl 33444 LEGAL DESCRIPTION: Lot 2 and N6 feet of Lot 3 less W5 feet rd. r/w, Blk. 74, TnUft nr na'~d!~ ~~~~-~~-ll "g ~'a" Dg 1- 11 n 1~ & h &~~ L ~.. --.-- -- -----~ --------- . - - ~A ~_, _8g1 __ 8_ . ~ e.__~_4~ 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$495.00 by resolution of the City Commission of the City of Delray Beach, Florida, dated ~/~ ~. ~ ,1989, has been levied against the above-described property. ..:..........I.ds The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 4-13-89 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Building Official. x An emergency action was undertaken at the above described property to remove an unsafe condition. An appeal was not received 30 days after the action was taken although you may still have an appeal right as to the cost of the action. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 4-IR_R9 at a cost of $495.00 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 COMMISSION. -/ /""ci~ C~k ~ - ,<, . .? 15'er ~k;j [ITY DF DELRAY IEA[N 100 N.W. 1st AVENUE DELAAY BEACH, FLORIDA 33444 305/243.7000 M E M 0 RAN DUM TO: Walter O. Barry, City Manager THRU: John W. Elliott, Jr., Assistant City Manager( Management Services ~j d"T" I I Director;.r~ . ,l .) FROM: Ted Glas, Purchasing DATE: May B, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ May 23, 1989 - BID AWARD - BID #89-53 HOUSING REHABILITATION PROGRAM . Item Before Citv Commission: City Commission is requested to award contracts bidders on three (3) rehabilitation projects $50,171.05. Per the Budget Office, funding projects is from account #118-1963-554-60.23 Development - Capital - Housing Rehabilitation). to low totaling for these (Community Backaround: The Community DeVelopment Division handles and their formal bids on housing rehabilitation, Purchasing Department review. processes subject to Purchasing's review of Bid #89-53, finds compliance with City Purchasing Procedures. bidders are, as follows: it Low to be in responsive Prooertv 338 NW 12th Ave 725 SW 9th St. Contractor MJD Construction Services Tommy Preston Amount $17,000.00 16,171.05 Recommendation: Staff recommends award to three (3) low bidders as stated above, for a total cost of $50,171.05, with funding from account #118-1963-554-60.23. TG/jc Attachments: Memorandum from Community Development Bid Information Sheets pc Yvonne Kincaide Lula Butler Dorothy Ellington ~~~ THE EFFORT ALWAYS MATTERS . -'::":"'..:-:";";":,~::, .-:"._:07.- , i I , ! , , I I r ., , . , , . . ;' . " I l I ! ':.;.. ';-:-:-::--:-~.- MEMORANDUM TO: FROM: Walter O. Barry, City Manager Dorothy Ellingto~, Community Development Coordinator SUBJECT: THRU: Lula Butler, Director Community Improvement Community Development Block Grant Program Activities Housing Rehabilitation Grant Awards. DATE: 5/3/89 According to the City of Delray Beach, Community Development Division's approved Statement of Policies and Procedures, we are hereby requesting City Council approval of three (3) Housing Rehabilitation Grant Awards. The grant amount is based on the actual cost of the rehabilitation as determined by the low bidder, plus a 5% contingency. The contingency may be used for change orders. All unused funds will remain with the Housing Rehabilitation grant program. Inspection of work will be done by the City's Building and Inspection Department and the Community Development Division. Rehabilitation contracts will be awarded to the low bidder. Contracts will be executed between the building contractor and the property owner. The City remains the agent and this office will monitor all work performed by the contractor and will ensure compliance according ,to specifications and program guidelines. . Pay Request forms will require both contractor a'nd homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-up and the individual case file is available for review at the Community Development Division Office. The Contract Award and Bid Summary sheet are attached for your reference. ' HOUSing Rehab Grant Awards are requested for the following: Case' Address Grant Amount 88-013HR 87-024HR 88 9281fR 338 N. w. 12th Ave. 725 S. W. 9th St. ?n1 t. w. asa A'.. $17,000.00 $16,171. 05 .I.Arr. A l)th.. UT,688.00 ~ ~ c;;l ,~ f't Ili '",' . ~ , CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION REHABILITATION PROGRAM BID INFORMATION SHEET BID *: 89-~ APPLICANT: FANNIE MAE WILLIS APPLICATION *: 88-011HR PROJECT ADDRESS: 118 NORTHWF.ST 12TH AVENUE DATE OF BID LETTERS: APRIL 14,1989 DATE OF BID OPENING: APRIL 27,1989 NAME OF CONTRACTORS AMOUNT OF BID AVMA CONSTRUCTION ENGINEERS CORP. $ B & JR CONSTRUCTION $ 18,015.00 DARRYL L. COOK $ FEC MANAGEMENT INC. $18,194.00 FIRST CONSTRUCTION OF THE PALM BEACHES, INC. $ HENRY L. HAYWOOD $17, 758.00 MJD CONSTRUCTION SERVICES $16,249.00 TOMMY PRESTON $17,340.00 BERNIE HANUS $ NO BID IN - HOUSE ESTIMATE.: $ 17,530.00 CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICES BID/CONTRACT AMOUNT: $ 16,249.00 COMMENTS: LOW BID RR6 ',' ! J I CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION REHABILITATION PROGRAM BID INFORMATION SHEET BID *: 89- 2l.. FIRST CONSTRUCTION OF THE PALM BEACHES, INC. HENRY L. HAYWOOD MJD CONSTRUCTION SERVICES TOMMY PRESTON BERNIE HANUS IN - HOUSE ESTIMATE: $ 17,035.00 CONTRACTOR AWARDED CONTRACT: TOMMY PRESTON BID/CONTRACT AMOUNT: $15.401.00 AMOUNT OF BID $ $ $15.878.00 $21,087.00 $ $ $18.635.00 $15,401.00 $ NO BID COMMENTS: LOW BID RR6 '.' ":;4 5-17.df [ITY DF DElRAY BEA[H ,CC\J'N 1,.":"I):;:::-JUE 'JE:L~A'( 3'::A(.'-i ;;'Lj;"';,S"':'" 3J444 'I;') 243 }OOO M E M 0 RAN 0 U M TO: Walter O. Barry, City Manager THRU: John W. Elliott, Jr., Assistant City Manager! Management Services ~")f J'W' Q: FROM: Ted Glas, Purchasing Director 1'.Jr DATE: May 17, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING- MAY 23, 1989 - BID AWARD - BID #89-47 LANDSCAPE MAINTENANCE (HOMEWOOD & LINTON) Item Before Citv Commission: City Commission is requested to award contract to low bidder, America's Pros of Oelray Beach, at an annual contract amount of $31,410. Per the Budget Office, funding for this service is from account #119-4151-572-33.39 (Beautification Trust Fund - Repair and Upkeep). Backqround: Bids for this service were received on April 12, 1989 from seven (7) area contractors, all in accordance with City purchasing procedures. (Bid #89-47. Documentation on file in the Purchasing Office.) A Tabulation of Bids is attached for your review. The Scope of Services for this annual contract includes the mowi ng, t rimmi ng, edging, litter cont rol. and chemical application of the newly constructed beautification projects on Homewood 80ulevard and Linton Boulevard. Recommendation: Staff recommends award to the low bidder, an annual contract amount of $31,410. outlined above. America's Pros, with funding at as TG!jc pc Robert Barcinski Joe Weldon Yvonne Kincaide Lula Butler Nancy Davila Attachments: Tabulation of Bids Memorandum from Director of Parks & Recreation 4~B THE EFFORT ALWAYS MATTERS r. , l' : o. l 0 0 : , 0 i , , . , . ~. . , t I j t !a> " '" ~ l I' 0 0 n n ~ n M '" >> j i f.l '" >> :J 'M ~ :r M " n l> -- ~ l> ... ,... M ~ 0 l> Z l:l " " .... ,... M ~ ... ... " i n .. In l> 11 ... .. 'M n 0 .. Z. ~ l/I 0 " .." .. o ~ ~ 0 00 , ~ 3 l. - . N ~ 0 0 0 " ... >> >> C M Z :J ... ~:J Z o.~M " .z " " 3 ... " '" 0 " ... z " 0 ~ ~ .... 0 l> Z ... . -< >> e ." ;:! . ~ ~ !f~ ~ :;-.~ ..... r' 10 .... ~ "'if ...... n ~ ... i M 1'1 i .. i 0 1> 15.'" i - ["a... ~n '" rf. . . . .. ! .Ii ... 888 S! . 0 .. .. .; ~.t" 8 .. I..... ... g "'0'" ~U ~ ;: ....1 r ... ~. . . 888 'C ::c " o c... M n ... -Qil:Z:.- CD Ol> l'I'H- ~ Z __0"'0 E J: E to' "'l/Ign "'0 l> Z%O~ '" :JCDCD ;::88~ ~""r-""" -.",,.,,z l><<..... ::01>1>'" -<~:DZ OOl> __ Z >> -n l>1)ctll"1 _z", ""0... >: ..,...'" -'" ...zz "'... "'0"" ZM n Z l/I"'_ xoo CZ >>r- l>"'CD M<O r-l>C >>>>r- 00'" l> < o l> >> '=' '" M o l> Q C ,... " 5 " . " " , . " Z " ... '" o l/I . , . I . I , 1 i , , . I t f ~ t g r. r. '" - " 0 c... N a r 0 r- .. . " " " " ;)8 0 0 0 " n.. ... -ljII:,... II... " ... CD 01> ..~ '" M "'''''3% 110 .. " 0 .....O/TIC oz ,... Z E z: E (,1') ~ " ... 1> 1> 1"'1(," 0 ~ ,... " n r "'00l> UI '" '" zz,=,,, 0" '" ':J J: M '" '" 0 :JCD", Ol/l .. Z " "'00:1 .... Z ... " '-CC1> .... CIl I>-t"'r-_ ....n ... ....",,,,z 0011 " ... 1><<.... " Z r .., ;C])7)r" ... ,... "C:O.:t'Z "3 3 " Z 001> 0.. ... '" ...- % r" " ... '" " -r- 0 0 I>l>c:-,..., Z '" ... Z,.,., 0' ro_ J: ~r- "., ...'" ~zz :1:... "'Or z... n z l/ICD... XOO CZ ",... 1>f"!ct1 M<O ...."C "".... OOn 1> < 0 " " 0 !!lQ ~ ... p.~ p ~ - ......u: ~l /:U ;: ~ ... ... N Mln l> liai " si 'f'1I.[.. n..!; . .. Cl N_ """ _So .. -"rtololo !cr~.,. . ~g c ~/!... '" "'.'''' . clci ~ Ir'~r~:!! i' . .... . .0- !: .. l> !" ..!I['::; 11.811.8 .. M M 1 H :;.:::-= . '" n " ~ .. . :' .. ~ ~ Z · ... II.! .. ...... I I c II. .... . 0 . Z ... . '" .... .. N N ~ .~ it 8 ... , . .. . 0 ~ i " . .., ....... ~ .. M .... . 11 -. c: !" .. .. ... .. '=' ., "" ~l - ~ ~~ M n.. .. =.. ..... Ot.. ...i .... .. ~ .. " " noli Ii'" :UE' :: H ~l /:u r: i ... '" ~ [e . ~.a .. . ill ~ · ~ I ~ r i ~ /I .... ~;:"OIO .. ~ ~.. .!;fr if · ~ "" "" "' far ~ ... II. .. .. F ff t EIi!~li ~.. r.... !Ia. . . .. .. !' .. II f"'f i (i,l "!e~ I! "lH if,lIrlr ~ ~ =- t- .!; II. . . f : ~ ! ~ r I " l> ~~ni.. ... '" . Hll.li 5 ... .,. I"'. ... iull ... N I":." ... a ~~ : l . l~ I. . [ t: " " " '" ~r ~ t 1m 0 0 0 0 :J ... '" n - ,.......C:r ....:tt -a n LCT!at ; " " .. > i' ~. :t a " co '" " I",...i " ~ ~ L l/I :J .... ~i -t-.:r- ... " z CD 0" ~ i:r .. n 1> ~~- " "''-::IZ --~ it ~ " ... .z ,.... ~o,."o ,... ... ~. " 2"':;:0 EE~UJ IH~ Idi l> 0 z~Pl "'In n n C " 1> Z ... "'if 1> ... og " " " z " .. .. " '" :% '" .... .. .... ... 0 '" :%CDl1' . .. n . " " z ;::88~ i ~. 0 n .. ... ~ In " " 1> " z ....,-,...... 0 .. ... 0 " 0 -tl"l",Z ..... ~ . n ." 1><<-4 "'E 0 0 .. I<Y %1%)1>'" " .~ .z ~ ~ -<::::0::::0% .. l/I 0 00:1> '0 II " ...- Z " n ~ .. e " -n C~ "I" co l>l>CD/"I"I :....", -z", 10,..... ...."... ig ;~,:D J: ......'" .,:Q. -'" .. ...zz :t... "'0.... ZM n Z InCD... xoo cz ".... ""'CD c -<0 " ....1>C . Z "''''.... . ." 00", " < ... 0 l> -< " 0 ... !~ 1> :!i. CD a ... c > h .... '" l> . .. ~ . " ." .A fI Z - 0 0 . z " " , . c: " ... ., .. ... 0 !" 8 ., . , . r- /' J ,/ ~ , MEMORANDUM TO: Ted Glass Purchasing Director FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Landscape Maintenance .(Homewood and Linton) DATE: May 15, 1989 Attached please find the spread sheet for landscape maintenance (Bid *89-47) opened on April 12, 1989. The three low bidders are as follows: America's Pros Custom Care James Maintenance $31,410.00 $38,502.39 $47,059.00 The Parks and Recreation Department submitted a bid for $45,344.99 to be used for comparision purposes only. Ray Eubank, Park Superintendent and myself visited all three company sites and talked to representatives of the company covering their personnel and equipment. Nancy Davilia checked the background references of the lowest three (3) bidders. It is our general concensus that the bid for the maintenance of Homewood and Linton Boulevard be awarded to the low bidder, America's Pros in the amount of $31,410. Parks and Recreation JW:ks Attachment ec: Robert A. Barcinski Assistant City Manager/Community Services REF: JW186 ~-L/-el , a.. -tob i3a.rCL.iV<l.tt flblY1.: ~ [ITY DF DELAAY HEA[N ~ -_.,.~--.-:- ..:~~.~..~._..~ :..... ';L:.~"~~ ,~~ f-.rl.lt~.::a........ CITY ATTORNEY'S OFFICE 310SLI"STRIlT.SLITE4 ..'t;:t"..i... ,,~~~~' "~~",J' r.'::} ';"~~:;~~";-, - ~t~_. I , I ) ; ./ ..............::--. DILRAY HI-Ani. J.LORIDA 33483 305/243.7090 \,l-!ay 11, 1989 RECEIVED s- - (J~ /<!arJ~ He.rris, Ph.D CH2M Hill '800 Fairway Drive, Suite 350 Deerfield Beach, Florida 33441 COMMUNITY SERVICE Subject.: Review of Proposed Drum Disposal Contract Dear Mark: After review of both contracts by both our office and that of CrO'oOlell and. Moring, it is our recormnendation that, with the addition of the proposed language that you have regarding the City not being a generator of the contaminants, we believe that the short term contract with that addendum to it would be appropriate. OFFICE OF THE CITY ATTORNEY CITY OFi' . LRAY BEACH, FLORIDA By: 0_~~ Her ert W. A. Thiele, Esq. Ci ty )). t torney HT:rs I ! / 4-~~ I @-- _Engineers Planners _t'::M1I1I1I Economists Scientists April 26, 1989 SEF24708.DO ~c,,:n.:"" ~r.;) -~.-2~~]5._::z. Mr. W. A. Herbert Thiele, Esq. City Attorney 310 S. E. First Street, Suite 4 Delray Beach, Florida 33483 ;~~' J~i..G;..,,:_~/~~ {JHicQ :::?y G? U~-:~,"?~' .>::::t:I"J . Dear Herb: Subject: Drum Disposal from the City of Delray Beach Preliminary Contamination Assessment During the preliminary contamination assessment at the City of Delray Beach 20-Series Well Field, approximately 167 drums of drill cuttings, muds, and development water were accumulated during the installation of seven monitor wells. Mike Sisler of the Florida Department of Environmental Regulation (FDER) has indicated that the drilling material should be classified as a hazardous waste because the contaminants in the well field appear to have originated from Aero-Dri. Therefore, these drums need to be disposed in accordance with the Department of Transportation, the Florida Department of Environmental Regulation, and state and local regulations. The drilling materials are below the required treatment standards set forth by EPA for land disposal of hazardous waste, and therefore can be landfilled in a permitted facility without pretreatment. Chem Waste Management, located in Pompano Beach, Florida, is a licensed hazardous waste transporter with a per- mitted disposal facility. These drums and their materials will be transported by Chem Waste Management to the Emelle, Alabama Disposal Facility. Disposal of these drums require several forms to be signed by the Generator. Please review the attached documents to see if any verbiage used will create problems for the City of Delray Beach. The City may object to the term "Generator"; therefore, I have drafted a disclaimer letter stating that the City of Delray Beach is not the Generator of the contaminates. The City is, however, the generator of drill cuttings and muds obtained during a contamination assessment performed on their property. Two service contract agreements have been attached for your review. One of these agreements must be selected and signed by CH2M HILL Southeast Florida Office Hillsbora Executive Center North. 800 Fairway DrIve. Suite 350 305.426.4008 o.,erfleld 8each. Florida 33441 407.737.6665 t I I I . . i I I , I . . t / ~ / / Mr. W. A. Herbert Thiele Page 2 April 27, 1989 SEF24708.DO Chem Waste Management and the city of Delray Beach. Changes can be made only to the longer service contract document. Any changes to the long form must be discussed with Chem Waste Management's legal staff. Please review the documents as soon as possible. Actual process of all paper work and analytical work, once' submitted, will take 2 to 4 weeks to process before the drums can be removed and disposed. We are working with Chem Waste Management to expedite the removal of these drums in a timely manner at the request of the City of Delray Beach. Sincerely, N\....J..... <S. MoM.-. Mark S. Morris, Ph.D., P.E. Project Manager ~ dbt012/006.50 Enclosures cc: Walter o. Barry/City of Delray Beach Larry Martin/City of Delray Beach Ann Klee/Crowell and Moring Lisa Rainger/CH2M HILL l ~I f t D,,~ cli~~~~ The city of Delray Beach has performed a contamination assessment in the vicinity of their 20-Series Production Well Field. Drilling activities performed during the installation of seven monitor wells produced 167 drums of soil and drilling muds. Analysis of this material indicates that some of the drilling materials contain low level contamination. In order to safely, properly and legally dispose of these drums and their contents, these drums must be landfilled in a fully permitted and regulated treatment facility in EmelIe, Alabama. A Service Contract Agreement, a Generator's Waste Material Profile Sheet, a Generat- or's Certification of Representative Sample form, a Spent Solvent Waste Land Disposal Notification form, and a Hazardous Waste Manifest form need to be sign under the title of Generator. The City of Delray Beach, however, is not the original Generator of the contaminates. Signatures represented on all forms required to transport and dispose the drill cuttings and muds are made for the purpose of disposal and does not indicate, by any means, that the City of Delray Beach is the original Generator of the con- taminates. The City of Delray Beach is the generator of the drill cuttings and muds obtained during a contamination assess- ment performed on their property. dbt012/007.50 f i ! :Y~~:.;.;...~.e ~..~.. . :'_"' << ' ~:;'..&l.....:....-':.:.:.:-~.-.:...::~ ,~ I . . i j , . : . I . . . ! l ; " HFF 11 . :=:'1 1-1: :-.'? I=J i.JI~:=,TE P.4 SERVICE AGREEMENT On this day of , 19 ,the parties, , a corporation with prinCipal o!!lces lOCAted .st ("Customer"). and Chemical Wa6te Management, Inc., a Delaware corporation with principAl offices located at 3001 5utterfield Road, Oak Brook, Illinois 60521. ("CWM"), hereby aqree as follows: WHEREAS, Customer is in need of certain analytical, treatment, storage and disposal services wi th respect to waste materials it has generated; . \llHEREAS, CWM agrees to provide Customer with such services upon the terms as set forth herein. 1. Waste Materials For purposes of this Agreement, Wute Materials shall be defined as those solid, liquid, semi-solid, or contained gaseous materials which are qenerally described in and which have the physical, chemical, bioloqical and radioactive constituents, characteristics and properties within the specifications set forth in the Waste Material Profile Sheet(s) executed by Customer, attached hereto and made part hereof. The term "Waste Materials" also includes containers described in the Waste Material Profile Sheets if they do now. or have in the past, contained Waste Materials. The term, "Unit of Wallte Materials" refers to a lIingle whole container of Waite Materials (such as a barrel, drum, box or tanker load) and also inclUdes units of measure (such as yard, gallon or ton). Customer expressly warrants to Disposer that the Waite Materials tendered to Disposer shall conform to the description contained in the WAlite Mat.erial profile Sheet. 2. CWM Services CWM shall provide Customer the services indicated below: a. sampling and analysis of Waste Material; b. Classification and accordance with regulations; c. Pacltaginq, labelinq and manifesting of Waste Materials; seqreqation of Wute Materials in DOT I EPA and state and l"cal d. Loading of Waste Materials onto transportation vehicles, cars or vessels; e. Transportation of the waste material. to the storage facility; HFF.' 11 ':=:'. 1 ~ ; :.::: ':} I,IHS TE P.3 - f. Transportation of the waste materials from to DlSposal Facili ty; g. Disposal of the Waste Materials using disposal method( s) as set forth. in EXhlblt B attached. hereto and made a part hereof. 3. Compensation For the services set forth above, Customer agrees to pay CWM in accordance with the rate schedule attached hereto and made a part hereof. In the event the original scope of services changes, the parties agree to e~ecute a change order reflecting said changes. Unless otherwise stated in the attached rate schedule (Exhibit B hereto), Customer shall pay all applicable local, state or federal taxes upon receipt of invoice. All invoices are due and payable by Customer immediately upon receipt ,hereof. All amounts not paid when due shall bear interest at l~ per month until patd. Customer g\larantees pAyment of all such invoices when due notwithstanding any rights Customer may have to reimbursements from insurers Oli other third parties. In the event that CWM is required to undertake collection proc~dures or legal action to enforce the provisions of this agreement, CWM shall be entitled to recover interest. collection and court costs, and reasonable attorneys' fees. 4. Rejection or Revocation of Acceptance of Waste Materials CWM expressly roserves the right to reject or to revoke its acceptance of any or all units of Waste Materials upon verbal notiCe to Customer if such Waste Materials do not materially conform to the description in the Waste Material Profile Sheet and CWM is not permitted to treat, transport. store or dispose of said Waste Materials in the manner specified herein. Customer shall make prompt arrangement for the removal of Waste Materials from CWM's premises to another lawful place of storage and/or dispOSition. Customer agrees to pay CWM' s expenus and charges in connection wi th th~ handling, loading, stowing, preparinq for transport. transporting or storing any Waste Materials rejected or revoked under this paragraph. 5. Work on Customer's Premises Customer agrees to provide CWM, its employees and subcontractors a safe working environment for any work. in performance of th~ Aqreement, which must be undertaken on premises owned or controlled by the Customer. Whi le its -2- AFP 11 . :':". 1 ~ ; ,.7' II.n;n: P.:? e~ploye~s or subcontractors. ar~ on Customer's premises, CWM w1ll ma1ntain strict work d1sclpline an~ effect its wo~k in compliance with governmental laws or r(!gulations pertaining to occupational safety and health. CWI"!, its employees and subcontractors Rhall also comply with the Customer's safety procedures while on the Customer's premises. provideci such procedures have been made known to CWM or are attached hereto. 6. Indemnification Each party agrees to indemnify and .defend the other for claims, demands, liabillties. penalties, fines, causes of action and costs and expenses incidental thereto (incLuding reasonable attorneys' fees) arising out of personal injury, death. or loss or damage to property, to the extent such injury, death, or lose or damage results from such party's negligence, breach of contract or wilful misconduct. 7. Entire Aqreement This Agreement represents the entire understandin~ and agreement between the parties hereto' relating to the testing, transportation, storage, treatment, processing and disposal of Waste Materials and oupersedes any and all prior agreements, whether written or oral. that may exist between the parties regarding same. Any acknowledgment of this Agreement containing additional or different terms from those con~ained in this Agreement Shall constitute an acceptance of only...those contained herein, and such additional terms shall be null and of no effect unless accepted by CWM in writing. No terms, conditions, prior course of dealings, course of performance, usage of trade, understandings, purchase orders, or agreements purporting to modify, vary, supplement 'or explain any provleion of this Aqreement shall be effective unless in writing, signed by representatives of both parties authorized to amend this Agreement. In no event shall the preprinted terms or conditions found on any CWM or Customer purchase or work order be considered an amendment or modification of this AlJreement, even if such documents are signed by representatives of both partiesl.such preprinted terms or condi tions shall be considered null and of no effect. a. Excuse of Pe~formance The performance of this Agreement, except for the payment of money for services already rendered, may be suspended by either party in the event the delivery or tranlportation of Waste Materials by Owner, or transporta.tion, storage, treatment or disposal of Waste Materials by CWM are prevented by a cause or causes beyond the reasonable control of such party. Such causes shall include, but not be limited to. -3- HPF' 11 . :;::';1 1'1' 5'9 CH' \oIHSTE F' ~ . J acts of God, acts of war, riot. fire, explosion, accident, flood, or sabotage; lack of adequate fuel, power. raw materials / labor or transportation facilities; governmental laws, regulations, requirements. orders or actions; breakage or failure of machinery or apparatus; national defense requirements; inj unctions or res training orders; labor trouble, strike, lockout or injul1cti"n (provided that neither party shall be required to settle a labor dispute against its own best jUdgment). 9. Notice Any notice, communication or statement'required or permitted to be given hereunder shall be in writing and deemed to have been SUffiCiently given when delivered in person or by registered Or certified mail. postage prepaid, return receipt requested, to the address of the l"espective party below: OWNER: CWM: Either party may~ by notice to the other, change the addresses and names above given. -'-. CHEMICAL WASTE MANAGEMENT, INC. By: Title: ClJSTOMER By: Title: I expressly represent that I have the authority to enter into this agreement on behalf of the Customer named hereinabove. -4- " . . I . . . ;i I . I HAZARDOUS WASTE MANIFEST (As Required By The Alabama Department of Environmental Management) Fl.... print or type. (FIN'Irt duIt/ned,. UH on ellt. (12.pitchJ rw-wrir.,.) US 1. Genet.tot', US EPA 10 No. WASTE MANIFEST eneretor I .... . Illng ... '1 tj , .. Gener.tor', Phone { , ""sporte' omPllny .m. rensponer mPII"V .m. 'Slgnal ICllty .m. I 01. re.. CHEMICAL WASTE MANAGEMENT. INC. Emelie Facility Alabema Hi!tlIlYllV 17 at Mile Marker 163 Emelie. Alabama 35459 11. Q I. I N . I . A T 0 . c. il~' US DOT OllCription (Including Pro~, Shipping Nem.. H.nrd C/au. and 10 Number) CWM Profile Number CWM Profile Number CWM Profile Number CWM Profile Number ddition.' I,. ormation 16 GENERATOR'S CERTIFICATION: thereby d*lctare,halthe contents OIl/liS COnSlgnml!"I are lully and aCCUfiiUely de$ctlbed above by proper shiPPing name and .r. classified, p'cked. marked. and labeled, and are In all respeCIS In proper condllton for Itansporl by I'lghway according 10 applicable intern.lion.1 and n.lion" government regulaltons. III am a large Qu.ntily gene,"o" I certify 1t1111 havo a program In place 10 'educl! Ihlt VOlume and 1011CI!V 01 wasle !leneraled 10 Ihe degre.' hlV' delermlned 10 be .conomlc'IIVpr'c1i~ble .ndlhlll h....e selecled Ih. pr'Cllc.ble melhodollre.lmlfnt. Jl,IOtlge, or disposal Cutrenlly .....llable 10 me which mlnlm,zes Ihe pr...nl.net IUlur. Ihre'llo hum.n h..lth .nd Ih. en...ironment; OR. if lam. sm.1I Qu~nlllvgenar;lIo', I have made a good l'llh allot! 10 mlntmlZe my W'Sla g.ne"lIon.nd se'.ct lh Iw I m n m nlm h Ihll'.v if bl lomeandlhlllcan.lford Int .me Siunalure Monrh !Mil' r. T 17.Tr.nlDOrter A.cknowtedgemenl of Receipt of M.leri.11 . A rlftt .mo iun.rure Month D., '0 N I . 0 18.Trlnaportlr 2 Acknowtldgemenl of R~eipl of M.leri.la . T 'n' ..... .m. Sign.tur. MtJnth 0., v. I . 19.Dlacrepancy Indicalion Space . . C I L I T Y 20.F.cllity Owner or Oper.tor: CatnifiCllion of receipt of h.zerdouI ntad VPed .ml m'leri.,. covered iun.lur. ! j ,/ by Ihia m.nl'... lJCCept " noted in 111m 19. Month Dell' v. I . IQ Waste Management, Inc. ~~ ~GENERATOR'S WASTE MATERIAL PROFILE SHEET - WORKSET b~ Return this completed work set to: c. '" .~.. .- GENERAL INSTRUCTIONS This work set contains two forms: GENERATOR'S WASTE MATERIAL PROFILE SHEET GENERATOR'S CERTIFICATION OF REPRESENTATIVE SAMPLE 1. The Generator's Waste Material Profile Sheet is a two-sided form. Both sides must be completed. 2. This document is perforated so the forms and instructions may be separated for your cOnvenience. If the forms are separated, take special precautions to assure that they are used to describe and identify ONLY the same waste. 3. Shaded areas on the forms are for Waste Management, Inc. use only. 4. Answers must be made to all questions with the exception of PART I, "Reclamation, Fuels or Incineration Parameters," which is optional. 5. Answers must be printed in ink or typed (elite, 12-pitch). 6. Instructions are included to help you complete these forms correctly. The letters and numbers which precede each instruction refer to the lettered and numbered entries on the forms. 7. Both the Generator's Waste Material Profile Sheet and the Generator's Certification of Representative Sample forms must be signed. 8. The Certification of Representative Sample and its peel off Sample Label must be used to identify ONLY the sample of the waste described on the attached Generator's Waste Material Profile Sheet. 9. The peel off label must be completed before removal from the form and applied to the contai.ner which actually holds the sample material - not on the shipping carton - even if the sample already has another label. 10. If you have any questions concerning the use of these forms, please contact your Waste Management, Inc. Sales Representative or the office that issued this workset to you. 11. MAKE A COpy OF THESE FORMS FOR YOUR RECORDS. SEND THE QRIGINALS AND ALL ATTACH. MENTS TO THE ADDRESS SHOWN ABOVE OR TO THE ADDRESS PROVIDED BY YOUR WASTE MANAGEMENT. INC. SALES REPRESENTATIVE. Form WMI..fSOOQ 0 1987 Wa.te Management, Inc. I " I I J ./ , ...~,,, .