07-11-89 Regular
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
July 11, 1989
7 P.M.
AGENDA
Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
city does not provide or prepare such record.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Regular Meetings minutes of April 25, 1989, May 9, 1989
and May 23, 1989; and Special Meeting minutes of May 24, 1989, June 5,
1989 and June 20, 1989.
PUBLIC HEARINGS
6. ORDINANCE NO. 36-89: An
"Setback Regulations" by adding
eaves to project over zero lot
adequate gutters are provided
property, providing that eaves
over utility easements. City
approval.
7. ORDINANCE NO. 39-89: An Ordinance amending the Sign code to
provide for residential sUbdivision entrance gate signs in certain
zoning categories and provides criteria for size and placement of such
signs. City Manager and city Attorney recommend approval.
Ordinance amending Section 173.345
a new subsection (G) to permit roof
lines up to a maximum of 18 inches if
to prevent run-off onto contiguous
or other overhangings do not project
Manager and City Attorney recommend
PUBLIC COMMENTS
8. Comments and Inquiries on Non-Agenda Items from the Public.
FIRST READINGS
9. ORDINANCE NO. 40-89: This is a staff initiated Ordinance
amending Sections 150.115 and 154.02 of the City Code for the purpose
of requiring additional, more detailed information for staff review
prior to issuance of permits for seawalls, bulkheads, dock, dolphins,
finger piers, and boat lifts. If passed public hearing July 25th.
City Manager and City Attorney recommend approval.
10. ORDINANCE NO. 41-89: This is a staff initiated Ordinance
streamlining the nuisance abatement process by providing for two
notices instead of four currently required. An additional proposal
would clarify that nuisance abatement liens are on a parity with
general taxes, by requiring liens to be satisfied before mortgages
and/or other encumbrances. If passed public hearing July 25th. City
Manager and City Attorney recommend approval.
REGULAR AGENDA
11. APPOINTMENT OF FOUR MEMBERS TO THE COMMUNITY REDEVELOPMENT AGENCY
(CRA): Appoint four members to the CRA to terms ending July 9, 1993.
The following have applied: J. Reeve Bright, Bob Currie, John
Levinson, Michael Manning, Leonard Mitchell, Robert Moore, Randy
Agenda
Meeting of 7/11/89
Golder, Loren Sheffer, Kathy Sumrall, Michael weiner, and Clay
Wideman.
12. CONDITIONAL USE REQUEST- UNITED METHODIST HAITIAN
Consider request to establish a church use in the existing
center located at the southeast corner of S.W. 6th Avenue and
Street. City Manager and Planning and Zoning Board recommend
CHURCH:
day care
S.W. 6th
denial.
13. REVISED DRAFT AGREEMENT
ADVERTISING/PARK TEN BUSINESS
between the City and Eagle
installation of billboards.
BETWEEN
PARK:
Outdoor
THE CITY AND EAGLE OUTDOOR
Consider a revised agreement
Advertising concerning the
14. RATIFICATION OF AGREEMENT BETWEEN THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD'S (SCRWTDl CONTRACT WITH CAMP,
DRESSER AND MCKEE (CDMl: Consider approval of an open-end agreement
with CDM for general engineering services at the approximate cost of
$30,000 to $50,000 a year with funding from Sewer Treatment
(Account No. 441-5142-536-33.11).
CONSENT AGENDA
15. CONTRACT RENEWAL- DEPARTMENTAL MEDICAL DIRECTOR: Approve
contract renewal for Dr. Joseph Yates as Departmental Medical Director
for the Fire Department. City Manager and City Attorney recommend
approval.
16. ACCEPTANCE
easement deeds
provide power
approval.
OF TWO EASEMENT DEEDS - GOLF COURSE WELL:
to allow FP&L to service primary power
to golf course well field pumps. City Manager
Accept two
line which
recommends
17. RATIFICATION OF CHANGE ORDER #2- FINGER PIER REPLACEMENT - CITY
MARINA: This action ratifies previous authorization for a Change
order in the amount of $11,500 and involves the replacement of five
additional dolphin piles and use of punching machinery to drive
through rocky material for pile installation. City Manager recommends
approval.
18. WAIVER OF REQUIRED PROFESSIONAL LIABILITY INSURANCE: Consider
waiving requirement for professional liability insurance for the
Institute of Law and Justice, low bidder for police staffing study.
City Manager and City Attorney recommend approval.
19. FINAL PLAT APPROVAL- LINPRO DELRAY COMMERCE CENTER: Consider
final plat approval for a proposed industrial, commercial and
warehousing development -located at the northeast corner of Congress
Avenue and Lowson Boulevard. City Manager and Planning and Zoning
Board recommend approval.
20. RESOLUTION NO. 42-89: A Resolution for the abandonment of a
12 foot utility easement which bisects the old Delray Beach Heights
Extension Sections "A" and "B". This action is required in
conjunction with final plat consideration for Franz, Delk, Kinnaird
(FDK). City Manager and City Attorney recommend approval.
21. FINAL PLAT APPROVAL FRANZ, DELK, KINNAIRD (FDKl: Consider
final plat approval for a light industrial complex consisting of four
buildings located on the north side of S.W. loth Street, between S.W.
12th and 13th Avenues. City Manager and Planning and Zoning Board
recommend approval.
22. FINAL PLAT
approval for a
of Linton and
Board recommend
APPROVAL DELRAY TOWN CENTER: Consider final plat
two lot commercial subdivision at the northeast corner
Military Trail. City Manager and Planning and Zoning
approval.
23. RESOLUTION NO. 37-89: A Resolution assessing
abatement action required to remove an unsafe building on
43 N.W. 6th Avenue. City Manager recommends approval.
24. RESOLUTION NO. 38-89: A Resolution assessing costs for
abatement action required to remove an unsafe building on property at
costs for
property at
-2-
Agenda
Meeting of 7/11/89
1043 1/2 Germantown Road. City Manager recommends approval.
25. RESOLUTION NO. 39-89: A Resolution assessing
abatement action required to remove an unsafe building on
217 N.W. 5th Avenue. City Manager recommend approval.
26. RESOLUTION NO. 40-89: A Resolution assessing
abatement action required to remove an unsafe building on
201 N.W. 1st Street. City Manager recommend approval.
costs for
property at
costs for
property at
27. RESOLUTION
abatement action
the lot south of
NO. 41-89: A Resolution assessing costs for
required to remove an unsafe building on property on
806 Lake Ida Road. City Manager recommend approval.
28. AWARD OF BIDS AND CONTRACTS:
A. Stormwater Utility Fee Study- Phase
in the amount of $24,200
General Construction- Storm Water Utility
334-3161-541-60.59.
III (A)- Gee and Jenson
with funding from
Fee Study (Account No.
B. Sound Attenuated Shelter for
ARZ Builders in the amount
Engineering Capital Outlay,
001-2911-519-60.56) .
Thomas Street Pumping Station-
of $20,780 with funding from
Drainage Projects (Account No.
C. Fire Computer System- Florida State Contract, GSA Contract
and local vendors in the amount of $38,521.74 with funding from
1987 utility Tax construction Fund (Account No.
333-2311-522-60.57) and Fire/EMS Equipment, Other (Account No.
001-2315-526-60.89).
D. Polymer 844A- American Cyanamid Company in the amount of $1.90
per pound or approximately $76,000 with funding from Water
Treatment Operating Supplies (Account No. 441-5122-536-35.15).
E. Manhole Rehabilitation/Replacement- Southern Pipeline, Inc.
in the amount of $130,050.60 with funding from Sewer
Systems/Mains & Lines (Account No. 441-5141-536-60.66).
F. Relocation of City Owned
S.W. 7th Street - La Plant
funding from Housing
118-1963-554-60.23).
Structures located at 303 and 311
Adair in the amount of $29,500 with
Rehabilitation (Account No.
G. CDBG Block Grant Housing Rehabilitation 701 S.W. 8th
Avenue- First Construction of the Palm Beaches, Inc. in the
amount of $16,875 with funding from CDBG Housing Rehabilitation
Grant (Account No. 118-1963-554-60.23).
29. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
WORKSHOP AGENDA
1. Replacment of Trees on West Linton Boulevard (City Manager).
2. LaMat Avenue Improvements (Mayor Campbell).
3. West Atlantic
Manager).
4. Tri-Rail/Amtrak Access and Improvements (City Manager).
Avenue/
Hamlet Medians Beautification (City
5. Education Board (City Manager).
6. County Moratorium on Native Ecosystem Sites (City Manager).
-3-
[ITV DF DELIAY BEA[H
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243-7000
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
July 11, 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 AGENDA IS AMENDED TO INCLUDE:
lOA. CRA options (City Manager).
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT - MEETING OF JULY 11, 1989
DATE: July 7, 1989
PUBLIC HEARINGS
Item No.6 (Ordinance No. 36-89). This is a First Reading of an
Ordinance amending Section 173.345 "Setback Regulations" which was
discussed at your June 16th workshop meeting. A new subsection (G) is
added here to permit roof eaves to project over zero lot lines, up to
a maximum of 18 inches, if adequate gutters are provided to prevent
run-off onto contiguous property. Eaves or other overhanging portions
of buildings shall not project over utility easements, this ordinance
notwithstanding.
Recommend approval of Ordinance No. 36-89.
Item No. 7 (Ordinance No. 39-89) This is a Second Reading of an
Ordinance amending the Sign code by enacting a new section (162.047)
to provide for residential subdivision entrance gate signs. Such
signs may be either double faced or two single signs where there are
two walls and the sign is permanently affixed to the walls at the
subdivision entrance. The sign face shall be no greater than 36
square feet in area. Subdivision entrance signs will be permitted
within all residential zoning districts and are further permitted in
any commercially zoned property which is adjacent to a subdivision in
existence as of July 1, 1988. Signs erected within the right-of-way
or setback will require approval of the Commission or governmental
entity controlling the right-of-way or median.
Recommend approval of Ordinance No. 39-89.
FIRST READINGS
Item No. 9 (Ordinance No. 40-89) This is a First Reading of an
Ordinance amending Sections 150.115 and 154.02 of the City Code for
the purpose of requiring detailed information prior to issuance of
permits for seawalls, bulkheads, dock, dolphins, finger piers, and
boat lifts. This revision is administrative in nature and provides
for more stringent engineering review prior to construction.
Recommend approval of Ordinance No. 40-89.
Item No. 10 (Ordinance No. 41-89) This is a First Reading of an
Ordinance streamlining the nuisance abatement process eliminating the
need for four notices and instead requiring two. An additional
proposal would clarify that nuisance abatement liens are on a parity
with general taxes by requiring liens to be satisfied before mortgages
and/or other encumbrances.
Recommend approval of Ordinance No. 41-89.
REGULAR AGENDA
Item No.
Redevelopment
expire July
individuals:
11 Appointment of
Agency (CRA). Four
9th. We received
Four Members to the Community
members of the CRA have terms which
applications from the following
J. Reeve Bright
Bob Currie
Randy Golder
Loren Sheffer
AGENDA REPORT
Meeting of July 11, 1989
John Levinson
Michael Manning
Leonard Mitchell
Robert Moore
Kathy Sumrall
Michael Weiner
Clay Wideman
The CRA Board has recommended the following appointments, Leonard
Mitchell - four year term; Kathi Sumrall three year term; Clay
Wideman - two year term; and Jon Levinson - one year term.
Recommend appointment of four members to the CRA to terms endinq July
9, 1993.
Item No. 12 Conditional Use Request- united Methodist Haitian Church.
Alonzo R. Davis representing Kenneth and Charlotte Durante, owners of
Lots 1, 2, and 3; and the Methodist Church District Board of
Missions, owners of Lots 4, 5, and 6 is requesting a conditional use
to establish a church use in an existing day care center located at
the southeast corner of S.W. 6th Avenue and S.W. 6th Street.
The request involves the use of an existing 3,283 square foot day care
center (Kenland Academy) with its attendant parking (12 spaces) and
5,000 square foot fenced in play area. The day care center was
constructed in 1970, approval for day care use was granted on Lots
1,2, and 3 by the Commission is September 1969. The united Methodist
Haitian Church wishes to "phase in" by holding Sunday morning and
evening church services for approximately six families. As the
congregation grows expansion of building - and parking facilities is
contemplated which would encompass Lots 4,5, and 6.
The Planning and Zoning Board at it's June 19th meeting continued
public hearing on this item until June 26th. At that time the Board
recommended denial based upon a determination that the exi~t~ng
facilities are inadequate to accommodate the use without the prov1s1on
of additional parking and up-grading of the site. A detailed staff
report is available for review in the City Manager's Office.
Recommend denial of conditional use request for the United Methodist
Haitian Church.
Item No. 13 Revised Draft Agreement between the City and Eagle Outdoor
Advertising/Park Ten Business Park. This agreement is submitted
pursuant to action taken at your March 28th meeting waiving sections
162.035(G)(3) and 162.0~5(F) (3) (a) of the Code of Ordinances to permit
an existing billboard sign located near the intersection of 1-95 and
Linton Boulevard to be moved approximately 65 feet west and closer to
1-95 in the Park Ten Business Park.
The owner of the billboard, Eagle Outdoor Advertising has agreed to
keep the billboard the same size and height as that which exists now,
however modification to reconfigure the base is proposed. Additional
shrubbery and landscaping will be placed around the structure. In
return Eagle Outdoor Advertising and Park Ten Business Park will
subsequently remove the billboard and its base, and return the site to
a condition acceptable to the City on or before September 1, 1999 and
pay the city $45,000 in equal annual installments over a ten year
period to be used for City beautification projects along the
Germantown, 1-95 and S.W. lOth Street corridor.
Recommend approval of aqreement between the city and Eaqle Outdoor
Advertisinq/Park Ten Business Park.
Item No. 14 Ratification of Contract between the South Central
Regional Wastewater Treatment and Disposal Board (SCRWTD) Board and
Camp, Dresser and McKee (CDM) for general engineering services. The
agreement for engineering services was ratified by the SCRWTD Board on
November 5, 1987, however was never placed on an agenda for your
- 2 -
AGENDA REPORT
Meeting of July 11, 1989
consideration and ratification. Commission ratification of this
contract will allow payment to be made to the CDM. This is an
open-end agreement with the yearly costs estimated to be between
$30,000 and $50,000. Funding is available in Water and Sewer
Operating, Sewer Treatment Account No. 441-5142-536-33.11.
Recommend ratification of contract between SCRWTD and CDM for qeneral
enqineerinq services with fundinq from Water and Sewer Operatinq.
Sewer Treatment Account No. 441-5142-536-33.11.
CONSENT AGENDA
Item No. 15 Contract Renewal - EMS Medical Director. This agreement
renews the contract with Dr. Joseph Yates to serve as Medical
Director for our EMS operations until September 30, 1990. Dr. Yates
has performed in this capacity for approximately one year and his
services have been satisfactory. Some minor revision have been made
to the administrative elements of the contract including,
clarification that the Medical Director is an independent contractor;
increase in travel and training expenses of $500; and adjustment in
term of the agreement to coincide with the City's fiscal year.
Recommend approval of contract renewal between the City and Dr. Joseph
Yates.
Item No. 16 Acceptance of Two Easement Deeds- Golf Course Well.
Florida Power & Light is requesting acceptance of easement deeds for
two 10 feet utility easements in the golf course well field. The
development of wellfield sites at the Golf Course property
necessitated installation of primary power lines to feed transformers
which provide power to the wellfield pumps. These easements allow
FP&L access to repair power feed lines. in the event of service
failure.
Recommend acceptance of easement deeds for two 10 foot utility
easements in the qolf course wellfield.
Item No. 17 Change Order #2- Finger Pier Replacement - City Marina.
This action ratifies previous Commission authorization for a Change
order in the amount of $11,500 and involves the replacement of five
additional dolphin piles and use of punching machinery to drive
through rocky material for pile installation.
Recommend approval of Chanqe Order #2 in the amount of $11,500 with
fundinq from
Item No. 18 Waiver of Required Professional Liability Insurance. At
your April 25th regular meeting the Commission awarded Institute for
Law and Justice, Inc. the contract to perform a police staffing study.
The firm has asked for waiver of our standard requirement for
professional liability insurance which given the nature of the
services to be performed should be granted.
Recommend approval of waiver of required liability insurance.
Item No. 19 Final Plat Approval- Linpro Delray Commerce Center. L.J.
Morrissett is requesting final plat approval for a proposed
industrial, commercial and warehousing development located at the
northeast corner of Congress Avenue and Lowson Boulevard.
The existing Linpro Office Storage Facility consists of three separate
buildings totalling 105,570 square feet. The overall site has an
approved development potential of 26,392 square feet retail, 26,392
Business Office and 52,785 square feet wholesale trade storage area.
The current development proposal is a replat dividing the property
into two lots. Lots 1 and 2 will share common circulation, parking,
- 3 -
AGENDA REPORT
Meeting of July 11, 1989
drainage and utility services. A "declaration of easement" has been
submitted with the application designating reciprocal cross easements
for utility services, drainage, parking, and vehicular and pedestrian
access rights.
The Planning and Zoning Board at it's June 19th meeting recommended
approval subject to conditions. Subsequently all the conditions have
been met and the plat is now ready for Commission action. A detailed
staff report is available for review in the City Manager's office.
Recommend a roval of final lat for LINPRO Delra Commerce Center.
Item No. 20 (Resolution No. 42-89) A Resolution for the abandonment
of a 12 foot utility easement which bisects the old Delray Beach
Heights Extension Sections "A" and "B". This action is required in
conjunction with final plat consideration for Franz, Delk, Kinnaird
(FDK) .
Recommend approval of Resolution No. 42-89.
Item No. 21 Final Plat Approval - Franz, Delk, Kinnaird (FDK). John
A. Grant, representing FDK is requesting final plat approval for a
light industrial complex consisting of four buildings located on the
north side of S.W. lOth Street, between S.W. 12th and 13th Avenues.
The Planning and Zoning Board at it's May 15th meeting reviewed the
preliminary plat, approved it, and certified the SUbmission to be
adequate as a final plat. Permits and approvals from other entities
have been obtained. A detailed staff report is available for review
in the City Manager's Office.
Recommend approval of final plat for FDK.
Item No. 22 Final Plat Approval Delray Town Center. Doug R.
Feurring, representing Anthony V. Pugliese III is requesting final
plat approval for a shopping center at the northeast corner of Linton
Boulevard and Military Trail. This item was before the Planning and
Zoning Board on February 27th at which time the plat was approved
subject to several conditions. Subsequently all conditions have been
met including drainage, retention, and decorative wall issues. The
plat is now ready for Commission action. A detailed staff report is
available for review in the City Manager's office.
Recommend approval of final plat for Delray Town Center.
Item No. 23 Resolution No. 37-89. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 43 N.W. 6th Avenue. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
lien on this property in the event the assessment of $1,364 remains
unpaid.
Recommend a roval of Resolution No. 37-89 assess in costs for abatin
an unsafe bU1ld1nq w1th1n the C1ty.
Item No. 24 Resolution No. 38-89. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 1043 1/2 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 $1,589.50 remains
unpaid.
Recommend a roval of Resolution No. 38-89 assessin costs for abatin
an unsafe bU1ld nq w1th1n the Clty.
- 4 -
AGENDA REPORT
Meeting of July 11, 1989
Item No. 25 Resolution No. 39-89. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 217 N.W. 15th Court. 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 $1,401.40 remains
unpaid.
Recommend a roval of Resolution No. 39-89 assess in costs for abatin
an unsafe bUlld1nq w1thln the C1ty.
Item No. 26 Resolution No. 40-89. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 201 N.W. 1st 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 $1,593.90 remains
unpaid.
Recommend a roval of Resolution No. 40-89 assess in costs for abatin
an unsafe bUlldlnq wlthin the City.
Item No. 27 Resolution No. 41-89. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property on the lot south of 806 Lake Ida 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 $1,595 remains unpaid.
Recommend a roval of Resolution No. 41-89 assessin costs for abatin
an unsafe bUlld1nq wlthln the C1ty.
Item No. 28 AWARD OF BIDS AND CONTRACTS:
A. Stormwater utility Fee Study- Phase III (A)- Gee and Jenson
in the amount of $24,200 with funding from
General Construction- Storm Water utility Fee Study (Account No.
334-3161-541-60.59.
B. Sound Attenuated Shelter for Thomas Street Pumping Station-
ARZ Builders in the amount of $20,780 with funding from
Engineering Capital Outlay, Drainage Projects (Account No.
001-2911-519-60.56).
C. Fire Computer System- Florida State Contract, GSA Contract
and local vendors in the amount of $38,521.74 with funding from
1987 Utility Tax construction Fund (Account No.
333-2311-522-60.57) and Fire/EMS Equipment, Other (Account No.
001-2315-526-60.89).
D. Polymer 844A- American Cyanamid Company in the amount of $1.90
per pound or approximately $76,000 with funding from Water
Treatment Operating Supplies (Account No. 441-5122-536-35.15).
E. Manhole Rehabilitation/Replacement_ Southern Pipeline, Inc.
in the amount of $130,050.60 with funding from Sewer
Systems/Mains & Lines (Account No. 441-5141-536-60.66).
F. Relocation of City Owned Structures located at 303 and 311
S.W. 7th Street - La Plant Adair in the amount of $29,500 with
funding from Housing Rehabilitation (Account No.
118-1963-554-60.23).
G. CDBG Block Grant Housing Rehabilitation 701 S.W. 8th
Avenue- First Construction of the Palm Beaches, Inc. in the
amount of $16,875 with funding from CDBG Housing Rehabilitation
Grant (Account No. 118-1963-554-60.23).
- 5 -
AGENDA REPORT
Meeting of July 11, 1989
Item No. 29 Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
WORKSHOP AGENDA
1. Replacement of Trees on West Linton Boulevard (City Manager).
2. LaMat Avenue Improvements (Mayor Campbell).
3. West Atlantic
Manager).
4. Tri-Rail/Amtrak Access and Improvements (City Manager).
Avenue/
Hamlet Medians Beautification (City
5. Education Board (City Manager).
6. County Moratorium on Native Ecosystem Sites (City Manager).
- 6 -
MEMORANDUM
TO: Mayor and Commission
FROM: City Manage~~
SUBJECT: ADDITIONAL SUMMARIES FOR WORKSHOP AGENDA ITEMS
DATE:
July 10, 1989
Attached are additional summaries of two agenda items on the Workshop
for tomorrow evening. The first is an analysis of benefits of having a
separate Community Redevelopment Agency and the advantages of having
the City Commission serve as a community redevelopment agency itself.
The second is a conference summary of meetings which have been held in
conjunction with improvements to the area surrounding the Tri Rail/
Amtrak facility and improved pUblic access.
WOB:cl
Encl
1~~ID~
MEMORANDUM
TO:
Mayor and Commission
~q
FROM:
/
SUBJECT:
CRA OPTIONS
DATE:
July 10, 1989
Generally there are two ways of establishing a Community Redevelopment
Agency. Some cities including Orlando, Melbourne and Boynton Beach, to
name three with which I am familiar, have established CRAs with the
City Commission serving as the agency itself in addition to it's
primary role. Other cities, including Boca Raton and West Palm Beach
locally, have separately established Community Redevelopment Agencies
with separately appointed boards. Boynton Beach, incidentally, is
considering a move to reestablish a separately appointed CRA Board. .
With the City Commission serving as a CRA:
1. Members will get much more involved in more details,
considering all aspects of planning and implementation required to
carry out a redevelopment plan. The down side of this involvement
is the amount of time which would be required. Presently the CRA
meets twice a month.
2. While all CRA areas are designated in the Comprehensive Plan,
the City Commission would have more control deciding which of the
CRA designated areas of the City would receive additional
attention for redevelopment.
3. The Commission would have control of the CRA operating budget.
4. The Commission would have control of CRA personnel and
consultants.
5. The Commission would
information machinery.
have control of the CRA public
6. There would be much more involvement of the City Manager and
staff in CRA affairs.
With a separately established Community Redevelopment Agency:
1. The City Commission can avoid having to involve itself in fine
details, additional meetings and the review of additional reading
materials and can utilize a separate CRA Board to "bUffer"
criticism of redevelopment actions.
2. The current arrangement allows Commission approval and veto
power over CRA priorities, community redevelopment plans,
boundaries of projects and all of the CRA financing.
3. The Agency's budget is limited and requires the City to
guarantee any project financing in any case.
4. The Agency has a small staff and several consultants which the
CRA Board can supervise.
5. The City Commission appoints and can remove CRA members for
cause.
6. The current arrangement encourages additional citizen
participation and the Use of citizen expertise.
7. The CRA Board members have more freedom to investigate
potential controversial matters, develop alternate solutions, and
avoid potentially disruptive Political consequences.
8. The current arrangement reduces the time and effort that City
staff must spend on redevelopment matters. We presently have
one senior staff member who serves as a liaison for regular
Communication with the CRA..
WOB:cl
MEMORANDUM
71J'
kkbi:. t?~
To:
Frank Spence, Director
~)
..::>
- Development
Services Group
Via: Lula Butler, Community Improvement Director
Nancy Davila, Horticulturist/Special Projects Coordinator ~~
From:
Re:
ESTIMATE - WEST ATLANTIC AVE. MEDIANS ADJACENT TO HAMLET
Date:
June 20, 1989
You requested an estimate to landscape 100 feet to the east and west of the
Hamlet entrance. The median to the west is roughly 660 feet in length and 18
feet in width. The median to the east is 430 feet in length and 8 feet in
width.
Landscaping only 100 feet in either direction, therefore, would improve the
appearance of only a small area, and in my opinion, would draw attention to
the unsightlyness of the remainder of the median if this were the only area
to be improved.
You also requested comparative costs of sinking 2 wells versus Jack &
Boring. The median that is only 8 feet wide can not accommodate a well. A 4"
well and submersible pump could be installed in the larger median with a
Jack & Bore connection nose to nose through the two medians. In any event,
Jack & Boring would be required to provide the electrical to power the pump.
Various scenarios and cost estimates are provided as follows:
Estimate to provide l well ~ ~ and Jack ~ Bore, Landscape entire medians
immediately east and west of the Hamlet entrance
4" well
5 H.P. submersible pump
cost associated with pump installation
200 feet J&B 4" pipe @ $28/ft
130 feet J&B water connection between medians
Heads & piping
Sod for 5' perimter around large median
Shrubs & groundcover large median
Shrubs & groundcover small median
irrigation design
asphalt removal large median
$ 2,500.00
1,500.00
625.00
5,600.00
3,640.00
3,000.00
1,000.00
4,000.00
3,000.00
250.00
500.00
$25,615.00
1
Estimate with water supply provided Ez Hamlet, Jack ~ ~ electrical only
240 feet 4" J&B (wat. & elec. to each median $
Heads & piping
perimeter sod
Shrubs & ground cover large median
Shrubs & groundcover small med
irrigation design
Asphalt removal large median
6,720.00
3,000.00
1,000.00
4,000.00
3,000.00
250.00
500.00
$18,470.00
Estimate to landscape only 100 feet immediately east and ~ in medians
'240 feet J&B @ $28/ft
Shrubs & groundcover 100 feet west, no sod
Shrubs & groundcover 100 feet to east
Heads & piping
$6,720.00
2,700.00
900.00
600.00
$10,920.00
It is clear that a large part of the cost is associated with providing
irrigation to the medians.
c: Gates Castle
2
CONFERENCE REPORT
PARTICIPANTS
Walter Barry
Frank Spence
Kathy Daley
Richard Brautigan
Gates Castle
LOCATION OF MEETING
City Manager's Office
SUBJECT
Delray Train Depot
REPORT
The development of the area around, and access to, the
train depot was discussed by the participants.
The concept of relocating the existing junk yard and
concrete companies in order to allow development of com-
mercial properties was presented. The primary area for
Possible development is bordered by Atlantic Avenue,
Congress Avenue, CSX Railroad and N.W. 2nd Street. This
area could be extended north to Lake Ida Road and south
to the County Complex in the future. Richard Brautigan
is to prepare a schematic of Possible development in the
area.
The concept of reconstructing the 1-95/w. Atlantic inter-
section was discussed with respect to providing direct
1-95 and/or West Atlantic Avenue access to the train
station. It was agreed that the biggest obstacle to the
concept would be the Federal Highway Administration who
would need to approve any 1-95 mOdifications. Lobbying
efforts at the Federal level would be necessary to gain
support for proposed access. Engineering (or a consultant)
is to prepare a schematic of proposed roadway modifications
to provide direct access to the Train Depot.
GDC:slg
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-.-..----.-.-----
Date: 7/3/89
From: )J n <:...-
Gates D. Castle
To:
Frank Spence
Copy To:
City of DeJray Beach
100 N,W. 1st Avenue
DeJray Beach, FL 33444
(305) 278-2841
ORDINANCE NO. 36-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND
USAGE", CHAPTER 173, "ZONING CODE", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 173.345, "SETBACK REGULATIONS", BY
ADDING A NEW SUBSECTION tGl TO PERMIT ROOF EAVES TO
PROJECT OVER ZERO LOT LINES UNDER CERTAIN CONOI-
TIONS; PROVIDING A GENERAL REPEALER CLAUSE.; PRO-
VIDING 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 Ti tIe XVII. "Land Usage", Chapter 173,
"Zoning Code", Section 173.345, "Setback ReguJ,ations", of the Code of
Ordinances of the City af Delray Beach, Florida, be, and the same is
hereby, amended by enacting a new Subsection (G) to read as follows:
(G) Roof eaves in zero lot line may project over the zero lot
line up to a maximum to eighteen (18) inches if adequate gutters
are provided to prevent run-off onto the contiguous property and if
an appropriate easement is recorded for roof encroachment (subject
to approval by the City Attorney). Eaves or other overhangs may
not project over utility easements.
Sect ion 2, Th'it all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 3. "'hat should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of comp~tent 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 become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in reguJ,ar session
reading on this the ____ day of
on second and final
, 1989.
MAYOR
A'l"I'EST:
City Clerk
First Reading
Second Reading
~,
[ITV DF DELRAY BEACH
CITY ATTORNEY'S OFFICE
(,/q
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leI'orne .sanzo.,..~e r C'r._~'.s: f B'~lildiag Off i.cia 1
Lu.la Bllt.ler I Diz:-e.:'t'.:'.:" .~f Comrnun.i ty :[~provem,=nt
From: Herb~'nt W. A. Thi.,"lc, C',ty 1\ttorney
Subj ect : Response t:J Reque:;;'~ for. Ordinance ,I>.rnendment
Concerning Z(~!"o Lot Line Matter
This will ackn,;:)wledge recC!1pt of your memorandum of tiay 2, V:)89
which req~ested our input an a pruposal to add an amendment to
the City's Code concern1ng zero lot line properties.
Spe<:!if ically, YOIl have sl.lCJgested adopting a provision such as
that which is in the Zoning Code of Palm Beach County 'which
would provides for an exception to zero lot line mat'.ters for
encronchmcnt by caves and gutters.
I'i\y !r:wiew of t.he pr:l\'ision Ln questions indicates that the 'Jse
Dr such a provision ~n the Zcning Code is le,cJally acceptable,
assuming that, 'we are fjro'.Iidcd ,'ippropriate .~2"emcnts trom tr.e
abut.t.ing property r,'wnor,
With that in mind, and in order to expedice this ma;:t8::: t,::;:::
consid~ration by the Ci ty Corf'l.mi~sion, '''';c have dxaf red ~lrld
dtt.il,ched hereto a proposed ',)rdinance which ,,'ould ad,:i i\ ;"leW
subt3ection to the Code ,'Jf Ordinances providi:1g tor th!;)langu21ge
that you have suggested.
Il you have any gt.:.est.i.on~, please contact tile City At~:orneyl;5
Office. )'fter i'OU r-,,'!'lC an ,:,pportunity to l''''v'ie'^, thi., :Jc:i-
nance, it shou.1.d t.~c:; ~.,e ;-;:rbmitted to the Citj" r';an:1g::rl:~ ()tficc~
for sChedul.ing h~::for~ t:;-l~~ City t~:ornrnis8ion.
cfCl
l,tt."ctunent
CC~ City Comrni.ssion
Walter O. Barry, c.i.ty Manager
~:
.
.
,
-
3DC0
,
[ITV DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
-", II. S,! i 'I ~ rJU.Ll. SU n. .. UlLKA'Y Hl:ACH. t. LOJ{Jl)A 33483
..H")71~~_1_i{IQI) TrlTcnPIFR ..;n7'27R-47<:;<:;
r~EMO!(ANDUM
Date: ~ay 15, 1989
To: Lula Butler, Director of Community Improvement
From: Herbert W.A. Thiele, City Attorney
&iliject: Correspondence From David B. Klarer
The City Attorney's Office is in receipt of a copy of a letter
from David B. Klarer addressed to you dated April 24, 1989.
The purpose of this memorandum is to inquire whether or not any
additional information is needed by the City Attorney's Office,
or whether we need to become formally involved in this matter
at. the present time. ';Ie have pre'Jiously prepared and submitted
the draft ordinance on this subject that you had requested.
If you believe that an appoint.ment or meeting involving all
persons who may have knowledge of thi s case would be appro-
priate, please contact my office at your earliest convenience
so that we can schedule same.
~C("'
HT:sh
cc: City Commission
Walter O. Barry, City Manager
Frank Spence, Director of Development Services
~
.
April 24, 1989
Hrs. Lula Butler
Director 0% Develope.ent
City 0% Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33445
-.."-,"-
_ ~~~!1--
Cl.~)~ l<:.:)!'('.::.";:; :J~.iic~
Clt:..' '"'. l.J ;.;~::; /;:':'.::G;'
Dear Hrs. Butler,
The Code En%orce.ent O%%ice received a co.plaint 0% an apparent
violation 0% a City Code on my property %ro. a Hr. Murray
Sohaer, a name z8Miliar to you, I'. aure. It we. about the r8in
gutters installed on the zero lot side 0% .y house at 2425 NW
15th Street, in Rainberry Bay. In view 0% the source 0% the
co.plaint, it was investigaed by Hr. Bauer, head 0% the o%%ice
and Hr.Pendergast, the chie% inspector. They .easured the
gutters and %ound that they extended THREE INCHES beyond my lot
line. To be certain 0% the situation, they returned to the
o%%ice, and %irst put the question to the City Attorney'a
o%%ice (Hr. Kurtz>. He apparently could %ind no speci%ic code
re%erence to "gutters" (except one on technical speci%ications
0% materials>. He put the question to Hr. Sansone, the Chie%
Building O%%icer, who ruled that since the gutter was attached
to the structure 0% the bUilding, it had to be considered a
structure. (Section 173.001, Delray Beach Zoning Code>.
My purpose in writing is to see what can be done about changing
this ruling, which was made, with proper authority, I'm sure,
in the absence 0% an existing provision in the codes. Towards
that end, I would like to make the %ollowing points;
a.The purpose 0% the gutters is to k.ep rainwater %rom
%lowing down the side 0% my house. The ~oo% overhangs by only
two inches, allowing the water to %low down the walls. Be%ore I
installed the gutters, I %ound water leaks in my house on that
wall. Since they were installed in Hay, 1986, 3 years ago, I
have had no such trouble. As an aside, there are .any similar
installations in Rainberry Bay and elaewhere in the City. Mr.
Sohmer chose to report only .ine.
b. The County 0% Pal. Beach, in Appendix F, Section 500.21
0% its Zoning Code (pertinent paragraph ia attached>, makes
express provisions %or adequate gutters to be attached to
prevent runo%% onto the contiguous property, protecting that
property %rom possible water da.ages. An added bene%it is the
eli.ination 0% water %lowing down the zero lot line walla,
protecting that property as well.
l
.
,
I would greatly appreciate your assistance in having this
.atter addressed by the proper people in the City
administration. I would also ask that the ruling by Kr. Sansone
be set aside until the .atter is exa.ined. That won't help me:
I complied before a citation was issued. I think it would help
others who .ay now be in violation, unknowingly of course, and
who are now at the mercy of that decision. I, of course, would
like to reinstall the gutters on my house, for the protection
of .y property.
If there are any actions I can take to assist the process, I
would be glad to do so. Please let me know.
ZfJ very tr~lY
, ~~'
/ 'CZC-<.- / ,:}/C<:~"..:._-
David B. Klarer
2425 NW 15th Street
Delray Beach, FL 33445
272-0812
CC: Kr. Walter Barry,City Kanager
Kr. Herbert Thiele, City Attorney
Kr. J. Sansone, Chief Building Officer
Kr. Richard Bauer, Chief Code Enforcement Officer
l
:
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p, ..;'
, :11'1\ -1i1 -
~
I
APPENDIX F -ZONING CODE
500,21
.
imum lot area or dimensions shall he
required for such structures,
Separation between structures shall
meet the following minimum distances:
Front: 25 feet
Side: 15 feet
Rear: 15 feet.
In addition, structures shall meet the
following setbacks from right,of,way:
Front: 25 feet
Side (corner): 15 feet.
In any planned unit development con.
taining structures on lots permitted by
this section. ownership of the common
3reas, which indudes open space. shall
be held by either:
III The lot owners, in which event,
each lot owner shall have an un.
divided interest in the common
areas which shall be appurtenant
to his lot, The undivided interest
1n the common areas shall not be
conveyed separately from the own.
ership of said lot: or
(21 A property owners. association: or
131 A combination oft 11 and (21 above,
In the event any residential unit built
under this section 1S destroyed or re,
moved by or for any cause, if replaced
said unit shall be replaced with a unit
of at least similar size and type, how.
ever, nnt excep-ding the dimensions of
the previous unit. (Ord, No, 74,28; Ord,
No, 76.4)
c, Single Family Detached Design.Patio
Home, In the event any portion of a
planned unit development has proposed
cluster development pursuant to this
section, the minimum lot area and di.
mensions shall be as follows:
Area: 4,500 square feet
Width <interior): 45 feet
Width (corner): 60 feet
Depth: 75 feet
Frontal(e: 45 feet Imeasured at mini.
mum front setback!.
Patio home lots shall be conveyed in
fee simple, The minimu'l1 setback reo
quirements shall be as follows, mea.
sured from property lines:
Fran t: 10 feet'
Side (interior): 10 feet
Side: (zero lot line): 0 feet'
Side (corner): 20 feet
Rear: 10 feet
'Except as noted below,
However, the minimum front yard
setback for a garage or carport with
the entrance facing the front property
line shall be twenty.five (25) feet. How.
ever, the minimum front yard setback
for a garage or carport with the en.
trance facing the side property line shall
be ten OOl feet,
A portion of the zero lot line side of
the structure (maximum fifty (50) per.
cent may be recessed from the lot line
to accommodate entrances into the unit.!
The minimum recessed distance shall
be four (4) feet, However, such recesses
shall not be adjacent to the private out.
door areas of the adjacent unit. In such
instances the configuration and loca-
tion of the adjacent unit must be shown
on the building permit submitted,
In all cases, easements located on
any lot developed pursuant to this sec-
tion shall be calculated as an inte!(l'Bl
part of the applicable setback, No con-
struction shall be permitted within an
established easement, Roof eaves may
project over the zero lot line up to a
mwumum of eighteen (18) inches if ad-
equate gutters are provided to prevent
runoff onto the contiguous property, and
if an appropriate easement' is recorded
for the roof encroachment (subject to
approval by the county attorney), Eaves
or other overhangs may not project over
utility easements,
The maximum height shall be thirty-
five (35) feet above the average gt'ade
at the lot front, The maximum lot cov-
erage of the principal building .h.1l
not exceed fifty (50l percent of the lot
area, In all cases, at least twenty (20)
percent of the lot shall be maintained
as permeable area reqUlrement. Acces-
sory buildings must meet the setback
requirements for the principal structure,
3745
l
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,
QRDINANCE NO. 39-89
l>~'l ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE lS, "BUILDING
REGULATIONS", CHAPTER 162, "SIGNS AND BILLBOARDS",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORID1\, BY AMENDING 162.004, "DEFINITIONS".
"ENTRANCE GATES TO DELETE CRITERIA FOR RESIDENTIAL
SUBDIVISION IDENTIFICATION SIGNS FROM THE DEFINITION
OF ENTRANCE GATES BY AMENDING "PERMITTED SIGNS,
REGULATIONS", SECTION 162. 03S, "SIGNS PERMITTED AND
REGULATED IN ZONING CATEGORIES", SUBSECTION A,
"RESIDENTIAL R-1AAA AND R-1AAAB, BY REPEALING
SUBSECTION (A) ( S), AND RENuMBERING SUBSECTION (A) (6)
TO (A) (S), BY AMENDING SUBSECTION B, "RESIDENTIAL
R-1A, R-1AAB, R-1AA AND R-1AB, SUB-SUBSECTION 1 BY
ELIMINATING REFERENCE TO SUBPARAGRAPH (A) ( 5) , BY
AMENDING SUBSECTION C, "RESIDENTIAL RM-6 AND PRD 4,
7, AND 10, SUB-SUBSECTION 1 BY REPEALING REFERENCE
TO SUBSECTION , A) ( 6) ; BY AMENDING SUBSECTION D,
"RESIDENTIAL RM-IO AND RM-1S, SUB-SUBSECTION 1 BY
DELETING REFERENCE TO SUBSECTION (A)(6l; BY ENACTING
A NEW SUBSECTION 162.047, "RESIDENTIAL SUBDIVISION
ENTRANCE GATES", TO PERMIT RESIDENTIAL SUBDIVISION
ENTRANCE GATE SIGNS IN CERTAIN ZONING CATEGORIES AND
TO PROVIDE CRITERIA FOR THE SIZE AND PLACEMENT OF
SUCH SIGNS, PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING 1\ SAVING CLAUSE: PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 1S, "BUilding Regulations",
162, "Signs and Billboards", "Permitted Signs; Regulations",
162.004, "Definitions" "Entrance Gates" be and the same is
amended to read as follows:
Chapter
Section
hereby
"ENTRANCE GATES. " An identification structure located along
the main access, commercial development and necessary directional
signs. SlSel'l-SlSMivisiea-idea~ifiea~iea-si~liS_lIIaY_.ee_el'ee~ed_wi~Jo!ia
a -!'i~Jo!~-ef-way -e1' -lIIedial'l -sui.p -ad;aeel'l~ -~e -~l'le -slLedivisiea -H
!l1''p1'eved -.ey -~Jo!e -ei:~y.. --iII-slSMi:vi:si:ea -idel'l~ifiea~iea -si:~l'l -exis~il'l~
"'i~l'lil'l'a-1'j,~Jo!~-ef-WaY-Ol'-lIIedj,al'l-as-er-a:lS1Y_%;_r988_ShaH-.ee-eel'lsi-
de1'ed-ad;aeea~-~e-a-SlLedi:vj,siea"--Si:~l'ls_el'ee~ed_wj,~i:a_~Jo!e-1'i:~h~-
-e~-waY-sJo!aii-.ee-a~-ieas~-~ea-fee~-fl'elll_~Jo!e_l'aVed_l'eadwaY,,--Si~l'Is
ieea~ed-W~~Jo!j,l'l-a-lIIedi:al'l-Sl'lali-.ee-a~-leas~_fi:ve'fee~_fl'elll-al'ly-!,avea
readway... --}"l'lY -si~s -a.p.Preved -reI! -l:ee!'t~i:el'l-wj,~l'lj,l'l-~Jo!e -1'i:~h~-ef-way
e1' -lIIedj,al'l -sJo!aH: -Ptave -a -si~l'l-raee -l'le -~1'ea~e1' -~Jo!al'l-36 -!l~al'e -fee~...
:Fr -~Jo!e -;lS1'i:sdj,e~j,ea '-ef '~Jo!e -ci:~y, ,.~Pte -a'p'pl:i:eM~ -fer .said -si:\;n -lIll:lS~
~.e~ai:l'l -.pe1'lIIissieli -fl'elll -!'Pte -\;eveI!1'llIIel'l~a3: -ea~i~y -ee"~l'eB:i:l'l\; -~he
1'i~Pt~-er-way -ep -lIledial'l -~e -e1'~e~ -~Jo!e -si:~l'l -ia -~Pte -!'e~l:Ies~ed -al'ld
al'l'1'eved-l:eea~i:ea..
Section 2. That Title lS, "BUilding Regulations", Chapter
162, "Signs and Billboards", "Permitted Signs; Regulations", Section
162.03S, Subsection (A) ReSidential R-1AAA and R-1AAAB, the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
repealing Sl~-Subsection (Sl and renumbering Sub-Subsection (6l to (5).
Section 3. That Title lS, "Building Regulations",
162, "Signs and Billboards", "Permitted Signs Regulations",
162.035, "Signer Permitted and Regulated in Zoning Districts",
tion (B) "Residential R-IA, n-1AAB, R-1AA and R-1AB", of the
Chapter
Section
Subsec-
Code of
.
'(
\
Qrdinances of the City of Delray Beach, Florida, is hereby amended to
delete reference to Section (Al (ll (5l and renumber Section (Al III 16l
to IA) (I) (5).
Section' 4. That Title 15, "BUilding Regulations", Chapter
162, "Signs and Billboards", "Permitted Signs Regulations". Section
162.035, "Signs Permitted and Regulated in Zoning Districts", Subsection
(Bl "Residential RM-6 and PRD47 and 10", of the Code of Ordinances of
the City of Delray Beach, Florida, is hereby amended to delete reference
to Section (A) (1) (5) and renumber Section (A) (I) (6) to (A) (I) 15).
Section 5. That, Title 15, "Building Regulations", Chapter
162, "Signs and Billboards", "Permitted Signs Regulations", Section
162.035, "Signs Permitted and Regulated in Zoning Districts", Subsection
(Bl "Residential RM-IO and RM-15", of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby amended to delete reference to
Section (A) (1) (5) and renumber Section (A) (I) (6) to (A) (1) (5l.
Section 6. That Title 15, "Building Regulations", Chapter
162, "Signs and Billboards", "Permitted Signs Regulations", of the Code
of Ordinances of the City of Delray Beach, Florida, is hereby amended by
enacting a new section 162.047 to read as follows:
Sec. 162.047 Subdivision Entrance Gates Signs
Such residential subdivision entrance gates signs as defined
in Section l62.004 shall be permitted as follows:
(a) Such signs may be either one double faced sign or two
signs where there are two walls at the entrance and where
the sign is permanently affixed to the walls at the
entrance of subdivision.
(b) The sign faces shall be no greater than 36 square feet in
area.
(c) Such subdivision entrance gates signs are permitted
within all residential zoning districts. They are
further permitted in any commercially zoned property
which is adjacent to a subdivision in existence as of
July 1, 1988.
(dl Such subdivision identification signs may be erected
wi.thin right-of-way or median strip adjacent to the
subdivision if approved by the City. A subdivision sign
may also be located within the setbacks of private
property wi.thin the subdivision or adjacent to the
subdivision within the guidelines set forth in Section
162.055 (b), if such sign was in existence as of July 1,
1988.
(el Any such sign erected within a right-of-',,{ay or setback
shall be at least 10 feet from a paved roadway and signs located within
a median shall be at least 5 feet from any paved roadway.
(f) Any signs approved for location within the right-of-'..Jay
or median, if such right-of-way or median is not within the jurisdiction
of t,he city, shall obtain written permission from the governmental
entity controlling the right-of-way or median to erect the sign in a
requested and approved location.
(gl Any signs proposed to be located on adjacent private
property shall have to be approved and permitted by the owners of the
adjacent property on which the sign is to rest. Any such signs lying on
.
2
OP.D. NO. 39-89
(h) All signs proposed to be located within a right-of-way or
median shall be reviewed by the Development Services Director for
compliance with this ordinance and then placed before the City Commis-
sion for formal consideration of the proposed location.
Section 7. That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 8. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent juriSdiction to be invalid such deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 9. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND .~PTED in regular session
reading on this the day of
on second and final
, 1989.
ATTEST:
MAYOR
City Clerk
First Reading June 27, 1989
Second Reading
3
ORD. NO. 39-89
.
ORDINANCE NO.40-S9
AN ORDUIANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING
REGULATIONS", CHAPTER 150, "BUILDING REGULATIONS",
SECTION 150.115 "PERMIT REQUIRED: APPROVAL", AND
TITLE XV, "BUILDING REGULATIONS", CHAPTER 154,
"DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS",
SECTION 15,1.02, "PERMIT REQUIRED", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR
THE PURPOSE OF REQUIRING MORE DETAILED INFORMATION
PRIOR TO ISSUANCE OF PERMITS FOR SEAWALLS OR BULK-
HEADS AN!5' FOR DOCKS, DOLPHINS, FINGER PIERS AND BOAT
LIFTS; PROVIDING A GENERAL REPEALER CLAUSE; PRO-
VIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Conunission of the City of Delray Beach,
Florida, deems it to be in the best interests of the residents and
citizens of the City to require that additional detailed information be
submitted prior to approval of and issuance of permits for seawalls and
bulkheads, and for docks, dolphins, finger piers, and boat lifts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XV, "Building Regulations", Chapter
150, "Building Regulations" , Section 150.115, "Permit Required;
Approval", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby, amended to read as follows:
Section 150.115 PERMIT REQUIRED: APPROVAL.
Prior to the erection, construction, or alteration of any
seawall or bulkhead, there shall first be submitted to the City
Engineer an application in the form as may be prescribed by the
City Mafta~er;-eeft~a~ft~ft~-a-ae~a~}ea-s~a~emeft~-ef_~he_s~ee~f~ea~~efts
aftd -~}afts -fer -~fte -s~r1:le~lU'e; -eer~~f~ee -ey -aft -eft~~fteer -re~~s~ered.
~^der'-ehe-laws-ef-~he-seaee;-~e~e~her-w~eh_a_P%ee_~}aa-shew~ft~-~he
}eea~~eft-ef-~he-eeft~em~ia~ed-s~r1:le~1:lre-er-a}~era~~eft_~ft-eeft;1:lfte~~eft
w;,~h -ad:te~I'l~I'l~ -}al'lds; -waeel's, -aftl! -eftal'll'le}s,:, containing detailed
plans and specifications for the structure at the proposed site. A
plot plan showing the location of the proposed structure or altera-
tion in conjunction with adjoining lands, waters and channels. The
above shall be prepared and sealed by a reqistered professional
engineer registered in the State of Florida. As-built draWings and
final certification of completion and compliance to said engineer's
design shall be submitted to the City before the City's final
acceptance. Ne-~el'm~e-shai}-ee-~ss1:led-rer-~he-eel'ls~r1:le~~el'l_1:lI'l~~}
a~~reved.-nY-~he-e~~Y-BI'l~~aeer.,. No permit shall be issued for the
construction until reviewed and approved by the City Engineer. The
City Engineer may adopt, through administrative policies and
procedures, and shall review said application in accordance with
certain minimum design standards, which standards may be amended
from time to time to reflect acceptable enqineering practice. No
permit fees shall be required in addition to the permit fees
otherwise required by this subchapter, however, a separate permit
shall be required and will be issued on a no fee basis. No permit
shall be required for minor repairs to existing seawalls or bulk-
heads. '
Section 2. That Title XV, "Building Regulations", Chapter
154, "Docks, DOlphins, ~'inger Piers, and Boat Lifts", Section l54.0'2(Al,
"Permits Required", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby, amended to read as follows:
9
(A) It ;;;hall be unlawful to construct any dock, dolphin,
finger pier, or boat lift in the City without first Submitting
plans and Obtaining a bUilding permit therefor from tlw Building
Department. ,Th~ installation of docks, dolphins, finger piers, and
boat lifts shall he -:i:1'I -aeeel'eal'lee -w~~tt -~tte -aes~<;l'I -e!: -a -~~a~e
l:'e<;tSl!el'ed -~l'e~esstel'\a=t -el'l<;~l'Ieer; -al'ld -~he -dest<;1'I -al'ld -l'l:al'ls -~l'ta=t=t
:i:l'Ie'l:~de-as-a-m~l'Itm~~ require the submission to the City in advance
of detailed lans and s ecifications for the ro osed work a lot
Ian ;:Is-bui.lt drawin s. lus a final certification of com letion
and com liance to said en ineer' s desi n b a state re istered
rofessional en ineer before the Cit,'s final acce tance. The
design and plans shall include as a minimum:
(I) Waterway typical section.
(2) Type of soil being penetrated.
(3) Length of piling, minimum embedment into bottom
material, and minimum loading capacity.
(4) Type and treatment of decking, seats, stringers, and
bumpers.
(5) Type of treatment of wooden piles.
(6) Type of fastening to be used.
(7) American Wood Preservation Association Standards
where applicable.
(B) 'fhese -~l:al'\l!l -sttaB, -he -re"tewed -hy -ehe -ei:~y -Bl'\<;i:l'Ieel' -~e
:i:l'\s~l'e -eel'l~el'mal'lee -w~~a -~ael!le -l'e~i:l'emel'\el!l~ These :ylans shall be
reviewed and approved by the City Enqineer. The Cit_ Enqineer may
adOPt. throuqh administrative olicies and rocedures and shall review
said submittal in accordance with certain minimum design standards,
which standardsmav be amended from time to time to reflect acceptable
engineerinq practice.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a COUl-t 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 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSP.D AND ADOPTED in regular session
reading on this the day of
' -
on second and
, 1989.
final
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
2
ClRD. NO. 40-89
(
(
ENGINEERING DEPARTMENT
M E M 0 RAN 0 U M
TO:
WALTER O. BARRY
CITY MANAGER
THROUGH:
.~..:,
FRANK SPENCE " /
DIRECTOR DEVELOPMENT SERVICES
FROM: ~"c... GATES D. CASTLE, P.E.
,fJ1J CITY ENGINEER
DATE: JUNE 5, 1989
SUBJECT: PROPOSED REVISIONS TO CODE
RELATING TO SEAWALLS AND DOCKS
Engineering is proposing certain code revisions in order to
require more detailed plans as well as a certificate of
completion for marine construction (seawalls, docks, etc.).
The property owner hasn't always gotten a quality marine
construction project due to existing, rather loose,
requirements.
A draft ordinance, as
office, is attached for
Attorney's memo. Also
for further processing.
prepared by the City Attorney's
review along with a copy of the City
attached is an Agenda Request Form
GDC:slg
cc: City Attorney ,/ Jl.h'c...
r:\v r"f'f:')
r.< "'-"_
---::-.:....---
.
,
,-
(
(
[ITV DF DELRAY BEA[H
"
CITY ATTORNEY'S OFFICE
;!'I'-,I
\ r f<1 I I. \! j I
RECEIVED
MAY 2 4 &l
· [)1,\&'\:lI~b\tI!C'1I OR I" \ ".,;
r'ff)l~\'~r'i i{ 411~ '2','-:-4 ~).~
..j.,17241.-II'1'l
---
MEMORANDUM
Date: May 23, 1989
To: Gates D. Castle, Interim City Engineer
Fn,m: Herbert W.A. Thiele, City Attorney
S'.1bject: Receipt of Proposed Revisions to Code of Ordinance
provisions Relating to Seawalls and Boat Docks
This will aCknowledge receipt of your memorandum of May 11,
1989 which transmitted suggested revisions to Code of Ordinance
Sec,tions 154.02 and ISO.llS relating to seawalls and boat
docks.
In order to expedite this matter, we have reviewed and made
certain modifications to the proposed, language for these two
Code of Ordinance sections and have placed same in a draft.
ordinance which is attached hereto for your review.
If this form of ordinance and the language contained therein
meet with your approval, please have the City Manager's Office
review same and schedule for an upcoming City Commission
agenda.
If you have any questions or if you would like to discuss the
proposed language wi th our changes, please contact the City
~::neY's Office.
Attachment
cc: Frank Spence, Director of Developmen~ Services
.
,
ORDINANCE NO, 41-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING T:::TLE IX,
"GENERJ>.L REGULATIONS", CHAPTER 100, "NUISANCES",
SUBHEADING, "ABATEMENT PROCEDURES", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRJ>.Y BEACH,
F'LORIDA 1 BY REPEALING SECTION 100.22., "CONTENT
AND FORM OF NOTICE", AND ENACTING A NEW SECTION
1':l0.22., "CONTENT AND FORM OF NOTICE", TO PROVIDE
FOR A NEW NOTICE FORMAT FOR NOTICE OF PUBLIC
NUISANCE, NOTICE OF ASSESSMENT AND NOTICE OF
T"IEN; BY REPEALING SECTION 100.24 "ADATE.."tENT BY
CITY; NOTICE OF ESTIMATED COST", AND ENACTING A
NEW SECTION 100.24, "ABATEMENT BY THE CITY", TO
PROVIDE FOR A REASONABLE TIME AFTER A HEARING TO
CORRECT A NUISANCE, ELIMINATING THE SEPARATE
SEVEN DAY NOTICE OF ESTIMATED COST BY INCLUDING
THE ESTIMATED COST IN THE FIRST NOTICE OF PUBLIC
NUISANCE AND PROVIDING FOR THE COMBINATION OF
NOTICES OF ASSESSMENT AND LIEN; BY REPEALING
SECTION 100.25 "ABATEMENT BID PROCEDURE", AND
ENACTING A NEW SECTION 100.25, "ABATEMENT BID
PROCEDURE", TO PROVIDE THAT THE CITY SHALL SEEK
COMPETITIVE BIDS NO LESS THAN YEARLY ACCORDING
TO THE CITY'S NORMAL BIDDING, PURCHASING AND
CONTRACTING PRJ>.CTICES; BY REPEALING SECTION
100.26, "BIDDING AND CONTRACTING PROVISION
PREEMPTIVE" ; BY REPEALING SECTION 100.27
"ASSESSMENT OF COSTS, INTEREST AND ATTORNEY' S
FEES; LIEN" AND ENACTING A NEW SECTION 100.26,
"ASSESSMENT OF COSTS, INTEREST AND ATTORNEY' S
FEES; LIEN", TO PROVIDE FOR THE COMBINING OF THE
NOTICE OF ASSESSMENT AND NOTICE OF LIEN AND
PROVIDING THAT SAID LIEN SHALL BE RECORDED
WITHOUT FURTHER NOTICE IF PAYMENT IS NOT
RECEIVED WITHIN 30 DAYS AFTER THE MAILING OF THE
NOTICE OF ASSESSMENT; BY REPEALING SECTION
100.28, "ENFORCEMENT OF ASSESSMENT" AND ENACTING
A NEW SECTION 100.27, "ENFORCEMENT OF ASSESS-
MENT 1 PRIORITIES OF LIEN", TO PROVIDE REMEDIES
OF ENFORCEMENT AND TO PROVIDE FOR THE
SUPERIORITY OF SAID LIENS, AS PROVIDED BY
Cl~PTER 25786, LAWS OF FLORIDA, SPECIAL ACT OF
1949 .l;S AMENDED, PROVIDING A SAVING CLAUSE 1
PROVIDING A GENERAL REPEALER CLAUSE 1 PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Regulations", Chapter
100 "Nuisances", subheading, "Abatement Procedures", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by repealing Section 100.22, "Content and Form of
Notice", and enacting a new Section 100.22, "Content and Form of
Notice", to read as follows:
(A) The notice provided for in Section 100.21, shall
notify the owner of the land of the following:
(1) It has been determined that a public nuisance
exists on the land, and what constitutes that
nuisance.
. Ie;
L~
:2l The owner of the land shall have ten days, (42
days in the case of violation of Section 100.04
pertaining to seawalls) from the date of the
notice to remove the condition causing the
nuisance on the land.
(3) If the conditions are not corrected or removed,
the City shall have them corrected or removed.
at the expense of the owner, including all
costs of inspection and administration.
(,1l The initial notice of public nuisance violation
shall include the estimated cost of removal by
the City exclusive of interest, collection
costs or attorney's fees.
15l The owner shall have ten days from the date of
the notice of public nuisance to file a written
petition to the City Manager or his designee
for a hearing before a three-person board which
shall be composed of the City Manager, the
Director of Public Works or the City Engineer,
and the Director of Parks and Recreation, or
their designees, which hearing shall be held
within ten days of the date that the petition
is received by the City Manager.
(6) The issues to be determined at the hearing are
whether the conditions do in fact exist and why
the conditions should not be abated by the City
at the expense of the owner, and the time
limits for the abatement. 'rhe source of the
condi tion shall not be a defense against the
requir~~ent that the condition shall be abated
by the owner.
(7) If after a public hearing the board determines
that the conditions which exist on a property
constitute a public nuisance, the owner of the
property shall have a reasonable time, as
determined by the board, to correct or remove
the conditions after which the City shall have
the right to have the conditions abated at the
expense of the property owner. If t.he owner
has not requested a hearing within ten days,
the City shall have the right to have the
objectionable condition corrected or removed at
the expense of the owner. If the City has the
condition abated and payment is not received
within 30 days after the mailing of a notice of
assessment for the cost of the work together
wi th all costs of inspection and administra-
tion, the City shall have a lien placed against
the property for the cost of the work, includ-
ing inspection and administrative costs, plus
interest at the rate of 8%, plus reasonable
attorney's fees, and other costs of collecting
t,he sums without further hearing by the board
or Commission and without further notice of the
recording of said lien.
2
ORD. NO. 41-89
.
[B) The notice required by Section 100.21 shall be in substan-
tially the following form:
CITY OF DELRAY BEACH
CODE ENFORCEMENT DIVISION
NOTICE OF PUBLIC NUISANCE
Date
NA
DIVISION CASE NUMBER
NOTICE DATE
EXPIRATION DATE
TO:
ADDRESS:
Our records indicate that you are the owner(s) of the fOllowing
property in Dclray Beach, Florida:
VIOLATION ADDRESS:
LEGAL DESCRIPTION:
PROPERTY I.D. NO.
You are hereby notified that the City manager or his dcsignated
representative of the City of Delray Beach, Florida, has on the ____
day of , 19_, determined that a nuisance exists on your
property in violation of section of the City of Delray Beach
Code of Ordinances. The nuisance is more particularly described as
follows:
() Weeds and/or other ground vegetation have reached a height
of 12" or more. Section 100.01 (Al (1) (2l
() Existence of garbage, litter, trash, debris. Section 100.01
(A) (1)
() Vegetation imparing or interfering with traffic safety.
Section 100.01 (Bl
() Vegetation interfering with streetlights, signs, sidewalks
or other public improvements. Section 100.01 (C)
() Alleyway, Easement or Right-of-Way maintenance. Section
100.01 (D)
() Other:
Section
This notice does not pertain to the trimming, Clearing or removal of
MANGROVES since they are protected by Ordinance 81-18 of Palm Beach
County, Florida.
3
ORn NO. 41-89
.
CORRECTIVE ,~CTION REQUIRED:
~ [ ] Property REMOVE TRASH:
[ ] Between property line
and street (right-af-way)
[ J Alley area to center
TRIM: [ J Vegetation interfering OTHER:
with street., or alley,
or signs
[] On property
[J Between property
line and street
(right-of-way)
[J In alley to
c:enter
[] See above
The ESTIMATED cost (not including costs of inspection, adminis-
tration, collection, interest and attorney's fees) for the City to
correct and remove the nuisance is:
[J 0 - $100
[J $101 - $300
[J $301 - $600
[J $601 - $1,000
[ J Other
You, as the owner(s) of the above-described property have ten
(10) days from the date of this notice (forty-two (42) days in the
case of a violation of Section 100.04 pertaining to sea walls), to
correct or remove the condition causing the nuisance from the
property in order to comply with the above-referred to City
Ordinance.
FINAL DATE TO CORRECT: CODE ENFORCEMENT OFFICER:
If you have any questions call _
If the conditions are not corrected or removed wi thin this
time, the City of Delray Beach will proceed to correct or remove the
condi tions at the expense of the owner (s) of the property, which
expense shall include the actual costs of abatement and the costs of
inspection and administration.
YOU ALSO HAVE THE RIGHT, WITHIN TEN (10) DAYS FROM THE DATE OF
THIS NOTICE, TO FILE A WRITTEN PETITION WITH THE CITY MANAGER OR HIS
REPRESENTATIVE FOR A HEARING BEFORE A THREE-PERSON BOARD COMPOSED OF
THE CITY MANAGER, THE DIRECTOR OF PUBLIC WORKS, OR CITY ENGINEER,
AND THE DIRECTOR OF PARKS AND RECREATION, OR THEIR DESIGNEES, WHICH
HEARING SHALL BE HELD WITHIN TEN (10) DAYS OF THE DATE THE PETITION
IS RECEIVED BY THE CITY MANAGER.
The issues to be determined at said hearing are whether the
conditions do in fact exist and why the conditions should not be
abated by the City at the expense of the owner, and the time limits
for such abatement. The source of the condition shall not be a
defense agai.nst the requirement that the condition shall be abated
by the owner.
If after a hearing the board determines that the conditions
that exists on the property constitute a public nuisance the
owner(s) of the property shall have a reasonable time, as determined
by the board, to correct or remove the conditions after which the
City shall have the right to have the conditions abated at the
expense of the property owner. IF THE OWNER HAS NOT REQUESTED A
HEARING WITHIN TEN (10) DAYS, THE CITY SHALL HAVE THE RIGHT TO HAVE
THE OBJECTIONABLE CONDITION CORRECTED OR REMOVED AT THE EXPENSE OF
THE OWNER. IF THE CITY HAS THE CONDITION ABATED AND PAYMENT IS NOT
RECEIVED WI THING THIRTY (30) DAYS AFTER THE MAILING OF A NOTICE OF
ASSESSMENT FOR THE ACTUAL COST OF SUCH WORK TOGETHER WITH ALL COTTS
OF INSPECTION AND ADMINISTRATION, THE CITY SHALL HAVE A LIEN PLACED
4
ORD NO. 41-89
.
- ---.-- --
AGAINST THE PROPERTY FOR THE ACTUAL COST OF THE WORK, INSPECTION AND
ADMINISTRATIVE COSTS, PLUS INTEREsT AT THE RATE OF EIGHT PERCENT
(8%l, PLUS REASONABLE ATTORNEY'S FEES, AND OTHER COSTS OF COLLECTING
SAID SUMS WITHOUT FURTHER HEARING BY THE BOARD OR THE CITY COMMISS-
SION, AND WITHOUT FURTHER NOTICE TO THE PROPERTY OWNER.
CITY OF DELRAY BEACH
By
Section 2. That Title IX, "General Regulations", Chapter
100, "NUisances", Subheading, "Abatement Procedures", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by repealing Section 100.24 "Abatement by the City;
Notice of Estimated Cost" and enacting a new section 100.24, "Abate-
ment by the City", to read as follows:
(A) If after a hearing, as provided for in Section
100.23, the board determines that the conditions
which exist on the property constitute a pUblic
nuisance, the owner of the property shall have a
reasonable time, as determined by the board, to
remOve or correct the conditions, after which the
ci ty, through the city administration or agents or
contractors hired by the city administration, shall
have the right to have the conditions abated at the
expense of the property owner. If the owner has not
requested a hearing within ten (IOl days, the city,
through the city administration or agents or con-
tractors hired by the city administration, shall
have the right to have the Objectionable condition
corrected or removed at the expense of the owner.
If the city has the condition abated and payment is
not received within thirty (30) days after the
mailing of a notice of assessment for the work
together with all costs of inspection and adminis-
tration, the city shall file a lien against the
property for the actual cost of the Work, inspection
and administration costs, interest at the rate of
eight percent (8%), plus reasonable attorney's fees,
and other costs of COllecting the sums, without
further hearing by the board or the city commission,
and without further notice to the property owner.
(B) Nothing herein shall be cOnstrued to prevent the
city administration from exercising its discretion
to increase or decrease charges based on costs or
bid considerations or utilizing means other than
that Co~templated in the notice provided for in this
section to abate the condition violative of this
Chapter.
Section 3. That Title IX, "General Regulations", Chapter
100, "NUisances", Subheading, "Abatement Procedures", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by repealing Section 100.25, "Abatement Bid Proce-
dure", and enacting a new Section 100.25, "Abatement Bid Procedure",
to read as follows:
Al, The city shall obtain competitiVe bids pursuant to
the City's normal bidding, purchaSing and contracting
requirements at intervals no less than yearly for services
entailed in carrYing out the abatement of nuisances under
this chapter. The successful bidder shall be required to
provide insurance and bonding as the city deems adviSable.
.
5
ORD NO. 41-89
Section 4. 'l'hat Title IX, "General Regulations", Chapter
100, "Nuisances", ;:;ubheading, "Abatement Procedures", Section
100.26, "Bidding and Contracting Provisions Preemptive", of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby repealed.
Sl;!ction 5. That. Title IX, "General Regulations", Chapter
100, "Nuisances", subheading, "Abatement Procedures", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by repealing Section 100.27, "Assessment of Costs,
Interest, and Attorney's Fees; Lien", and enacting a new Section
100.26, "Assessment of Costs, Interest, and Attorney's Fees; Lien"
to read as follows:
As soon after the abatement as feasible, the City Manager
shall report to the City Commission the cost of the
abatement, i.ncluding the cost of inspection and adminis-
tration. Thereafter, the Commission shall by resolution
assess the cost against the subject parcel. This resolu-
tlon shall describe the property assessed, show the act.ual
cost of abatement, costs of inspection and administration,
and indicate that the assessment shall bear interest at
the rate of 8\ per annum plus, if collection proceedings
are necessary, that the property owner would be required
to pay the cost of the proceedings inClUding a reasonable
attorney's fee. This resolution shall become effective 30
days from the date of adoption, and the assessment con-
tained therein shall become due and payable 30 days after
the mailing date of the notice of assessment. In the
event that payment has not been received wi thin 30 days
after the mailing date of the notice of assessment, the
City Clerk shall record a certified copy of the resolution
in the public records of the County, and file a lien on
the property, '....hich shall become effective on the subject.
property to secure the actual costs of abatement, costs of
inspection and administration, collection costs, and a
reasonable attorney's fee without further notice to the
property owner. At the time the City Clerk sends the
notice of assessment, the fOllowing notice shall also be
mailed to the property owner in SUbstantially the follow-
ing form:
NOTICE OF LIEN
Date
TO:
ADDRESS:
You are hereby advised that the :ity of Delray Beach did on or
about the ____ day of , 19__, abate the nuisance which was
found to exis~ on your property. The nuisance was abated at a cost,
inCluding costs of inspection and administration, of
In accordance with :ity ordinances, if the required payment is not
received within thirty (30) days of the date of mailing this notice
of assessment, a lien shall be recorded against your property in the
form of the a~tached resolution, and NO FURTHER NOTICE OF LIEN SHALL
BE SENT PRIOR TO RECORDING A LIEN ON YOUR PROPERTY. Please take
notice that the resolution, in addition to the original cost of, the
abatement, requires payment of eight percent (8\) interest per ann~~
and t_he cost ~f collection includes a reasonable attorney's fee.
.
6
:)RD NO. 41-89
When the City -of Delray Beach has received payment for such lien,
the City Manager or his designated representative shall execut.e a
release thereof to remove the lien from your propert.y, the recording
costs of which shall be be borne by you. The City may enforce the
assessment by either an action at law or foreclosure of t.he lien,
provided in Section 100.26 which shall be foreclosed in t.he same
manner as mortgages are foreclosed under state law. In either type
of action, the City shall be entitled to interest at the rate of 8%
from the date of assessment, collection costs and reasonable
attorney's fees. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY
TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES,
INCLUDING MORTGAGES, AS PROVIDED BY CHAPTER 25786, LAWS OF FLORIDA,
SPECIAL ACT OF 1949, AS AMENDED.
CITY OF DELRAY BEACH
By
City Clerk
Section 6. That Title IX "General Regulations", Chapter
100, "Nuisances", Subheading, "Abatement and Procedures" of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended by repealing Section 100.28, "Enforcement of
Assessment", and enacting a new Section 100.27, "Enforcement of
Assessment; Priority of Lien", to read as follows:
The city may enforce the assessment by either an action at
law or foreclosure of the lien provided in Section 100.26,
which shall be foreclosed in the same manner as mortgages
are foreclosed under state law. In either type of action,
the City shall be entitled to interest. at the rate of 8%
from the date of assessment, collection costs and reason-
able attorney's fees. Such liens shall be on parity with
general city taxes and shall have priority over all other
liens and encumbrances, inclUding mortgages, as provided
by Chapter 25786, laws of Florida, Special Act of 1979, as
amended.
Section 7. That should any section or revision of this
ordinance or any portion thereof, any paragraph, sentence, or word
be declared by court of competent jurisdiction to be invalid, such
decision shall not effect the validity of the remainder hereof as a
whole or a part thereof other than the part declared to be invalid.
Section 8. That all ordinances or parts of ordinances in
conflict herewith be the same and are hereby repealed.
Section 9, That this ordinance shall become effective
immediately on passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this day of , 19__
MAYOR
ATI'EST:
City Clerk
Fi.rst Reading
.
Second Reading
7
ORD. NO. 41-89
[ITY DF DELRAY BEA[H
1111 k
~/--
CITY ATTORNEY'S OFFICE
31" 'I I., Sn[Er, SUTE 4 DELRA Y BEACH, FLORIDA ll48l
4117 ;~4l, Jn911 TELl-COPIER 4071278-4755
MEMORANDUM
Date: June 21, 1989
To: ~ity Commission
From: Susan A. Ruby, Ass't. City Attorney
Subject: Nuisance Abatement Liens
Our offices, after se'Tera1 meetings on the subject of Nuisance
Abatement, has drafted the attached ordinance for your
consideration.
The Nuisance Abatement ordinance as proposed, seeks to
streamline the Nuisance Abatement process by providing for two
notices, instead of the four notices required in the current
ordinance.
In addition, the ordinance provides for superiority of Nuisance
Abatement liens over mortgages and other encumbrances and
places then on a parity with general taxes pursuant to the 1949
City Charter which is incorporated into our present charter.
By copy of
requesting
Commission
this memorandum to the City Manager our office is
that this matter be placed on an: upcoming City
Agenda for approval. i
I am forwarding the original ordinance to the City Clerk's
Office. If you have any questions please do not hesitate to
contact our office or th code enforcement department.
Sincerely,
CI
SAR:kl
cc: Walter O. Barry, City Manager Barry
Elizabeth Arnau, City Clerk
Lula Butler, Dir. of Community Improvement
Richard Bauer, Code Enforcement Administrator
l
.
,
r? r=". Community
~ Redevelopment
o~ Agency
~ Delroy Beach
June 23, 1989
The Mayor and City Commission
City Hall
100 NW lst Ave.
Delray Bch., FL 33444
Dear Mayor Campbell and Commissioners:
First, we wish to thank the City Commission for the opportunity of
serving the community. Based on our experience on the Agency, and
in its relationship with the Commission, we feel strongly that the
Agency should retain its semi-autonomous status in order to bring
independent jUdgement to its deliberations.
The Board of the Community Redevelopment Agency wishes to take this
opportunity to recommend replacements for the four people whose
terms on the Agency have expired. To replace Jack Duane, David
Randolph, Leon Weekes and myself, we have investigated the
backgrounds of many citizens and recommend the following:
For a four year term, Leonard Mitchell
For a three year term, Kathi Sumrall
For a two year term, Clay Wideman
For a one year term, Jon Levinson
We are satisfied that these people have the capacity to serve ~he
community well in the complex process of redevelopment. If, for
any reason, additional names are needed, we recommend the
consideration of Robert Currie and Loren Sheffer as alternative
candidates.
On behalf of both the outgoing members and those who will continue,
we thank the City Commissioners for the opportunity of serving the
community in this challenging period.
cc: CRA
S i~re)y..: ~
./j F~~
Thomas E. Lynch
Chairman
64 S.E 5th Avenue, Deiray Beach, Florida 33483
(407) 276-8640
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
J. Reeve Bright
NAME
700 Sea Sage Drive, De1ray Beach, Florida 33483
HOME ~TREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)-------
110 East Atlantic Avenue, SUite 400, Delray Beach, Florida 33444
--------
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
272-1851
272-2526
HOME PHONE
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN ~ERVING "
~ty~~~-
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) None
EDUCATIONAL QUALIFICATIONS B.A.,_f:!.Obart College - 1970L~~i~_~_t.eE' University of
Miami - 1981. '
--------- ------------
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES !'HICH YOU HOLD.
Merrber of Florida Bar; Me!ld:ler of Florida Academy of Trial Lawyers; J\Il\3rican Bar Association
_f'S~~?on of Trial-LawyersorAiiiirI~--==_____ --------.-----------
GIVE YOUR PRESENTl OR MOST RECENT EMPLOYER, AND POSITION _______
Merkle~ Br;._ght_~2~livan, P.A, - Shareholder _ _____, __________
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY
T HIS BOA R D Resident of Delray Beach for 16 years. Property owne
Redeve10pnei1.! area ---------
OU TO SERVE 011
Ii. thin the ColTTT1UI1i ty
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE,
UNDERSTAND THAT ANY MISSTATEMENT OF MAn:RIAL FACTS CONTA
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY H
RECEIVE.
IND I AGREE
'ED IN THIS
OINTMENT I
AND
AP-
HAY
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J. REEVE BRIGHT
RESUME OF CIVIC INVOLVEMENT
CIVIC:
Foundin~ member and current member of Kiwanis Club of
Delray Beach, Sunrise
Distiniuishe~ Past Presi~ent of Fiwanls Club of
Delray Beach, Sunrise
Member of Vestry of St. Joseph'S ~piscopal Church of
Boynton Beacb from 1976 tbrou~b 1988. While a vestry
member I served as Senior and Junior Warden on several
occassions
Currently attorney for St. Joseph's Episcopal Church
Member ~f Episcopal Diocese of South East Florida's
Property, Loan & Invest~ent Committee for 6 years
POLITICAL: 1974-1976 Republican State Committeeman for Palm
'Beach County
1974-1976 Director Repuhlican Party of Florida
Currently Member of Executive Committee - Republican
Party of Palm Beach County
Attorney for Republican Party of Palm
Beach County
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Robert G. Currie, AlA
NAME
815 Tangerine Way
Gulfstream, Florida 33483
HOME STREET ADDRESS,-CITY, ZIP (LEGAL RESIDENCE)------
25 Seabreeze Avenue Delray Beach, Florida 33483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
(407)272-6843
HOHE PHONE
(407)276-4951
-----
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
COMMUNITY REDEVELOPMENT AGENCY,
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please inolude dates)
SEE ATTACHED RESUME '
~DUCATIONAL QUALIFICATIONS
Harvard University Graduate Schoor-Qf Design, Master-oX-~cnicecture;
!;!ni :::erigl"Of Min~!!~ei-;--!iCTlelor of AE~!1.!E.!:Eure. -------.--------------
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES 'HICH YOU HOLD.
---".._--------
SEE ATTACHED RESUME-----------
--------- ------
GIVE YOUR PRESENT, OR HOST RECENT EHPLOYER, AND POSITION _________
CURRIE-SCHNEIOER-A~SOCIA!ES AlA, PA
DESCRIBE EXPERIENCES,
THIS BOARD. _____
SEE ATTACHEQ RESY~~_______
SKILLS OR KNOWLEDGE WHICH QUALIFY
'OU TO SERVE 011
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE,
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTI
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY Al
RECEIVE.
~ND I ACREE
lED IN THIS
'OINTMENT I
HID
AP-
fl A'(
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SIGNATURE
March 20, 189
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ROBERT G. CURRIE, AlA
Principal
EDUCATION
Harvard University Graduata School of Design, Haster of
Architacture; University of Hinnesota, Bachalor of Architecture.
REGISTRATION
Architact: Hassachusatts, Haina, Connecticut, Virg.inia, New
Hampshire and Florida.
Certified: NCARB
COHHUNITY SERVICE:
A member of the City of Delray Beach's business community for the
past 20 years, Hr. Currie has developed an acute understanding of
the City and its residents. He has servad on a number of local
boards, with his primary objective always focusing on what is
best for the City. Hr. Currie has chaired, as well as served as
a member of the City's Planning and Zoning Board; he has also
been chairman and a member of the Community Appearance Board, as
wall as the Board of Adjustment.
PROFESSIONAL AFFILIATION
Hr. Currie is the founding principal of CURRIE, SCHNEIDER
ASSOCIATES AlA, PA. The firm was established in 1970 by Hr.
Currie, a nationally renowned Architect who's work has
encompassed projects throughout the United States and abroad.
After receiving a Bachelor of Architecture degree from the
University of Hinnesota, Hr. Currie continued his ;tudies at
Harvard Uni versi ty where he was awarded a Hastars of ;' :hi tecture
degree.
His career has been highlighted by serving as a l
Architecture at several universities including the ~
Sydney in Australia; Florida Atlantic University,
Florida and the University of Hiami, Hiami, Florida.
.fessor of
'ersity of
lca Raton,
Hr. Currie is a past President of the AlA Palm Beach
the AlA Spanish River Section. His assignments h..
participating on juries for local and state chapter D
competitions including juries for the AlA Hichi,
Sroward County Chapter, Florida South Chapter, I
Florida Chapter and Potomac, Maryland Chapter.
lapter and
.g included
sign Award
"/ Society.
ian River.
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Robert G. Currie, cont'd.
In his role as the firm's principal designer, Hr. Currie has had
the opportunity to make significant contributions to the City of
Delray Beach's architectural character. Some of ~is most
recognized assignments include the 2' Seabreeze office building;
the Holiday Inn Camino Real; the South County Complex and
Waterway East. Hr. Currie's firm is currently under contract to
provide architectural services on a new city Fire Station and has
been commissioned to prepare construction drawings for the Old
School Square cultural center.
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The Palm Buch Chapter of Ihe
AlA honored two firms, Currie
Schneider A.tsoc:iates of Delray
Beach and OUyer GUdden " Part.
ners AlA of West Paim Beach
during its 1986 A wards Program,
Currie Schneider received an
Award of E.eellenee for their
design of two ornee buildings,
I nterstate I and II and for the
Temple Sinai in Delroy Beach,
Oliyer Glidden was awarded for
their plan for the Greenacres
fire Station in the City ofGreen-
aeres, The 1986 Jury included
Don Sin.er, FAIA. Tom Re.an,
Dean of Architeeture. Uniyer.
sity of Miami and Don Sackman,
AlA.
/nlersl4U1 CenlTS by Cum. Schneider Associates,
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PARTIAL LIST OF AWARDS
1987 2" SEAIlItEEZE
Dclray Ueach. Florilla
City or Delra)' Ueach Comlllunity Appeanuu,;(' Board
1987 !JELIlA Y IlEACII 1.lfl::GUAIUl STAND
()clray Ucltch, Flurida
City or Oelray l3cach Community Appearance Uourd
1987 1l0LIIJA I' INN CAMINO IlEAL
Delray lle:ach. Florida
City o( Delray, Beach Conll1tunity Appearance Board
1986 AUIlURN TItACE
Dclray Beach, Florida
Uonorable Mention
Delray Beach Housin, Authority
1986 TEMPI.E SINAI
Delray Deach, Florida
A ward tor Excellence
Palm Deaeh Chapter
American Institute DC Architects
1986 INTERSTATE CENTRE
Fort Lauderdale, Florida
A ward (or Excellence
Palm n.,ach Chapt.r
American Institute DC Architects
1985 flRAllENTON 1I0LIDAY INN
Uradenton, Florida
Dest New Design oC the Year
Torchbearer Award. Holiday Inns International
1984 1l0LIDA I' INN CAMINO REAL
Ddray Deach, Ftorida
Dest New Design oC the Year
Torchbcan!r Award. Holiday Inns International
1984 NEWPORT NEWS CULTURAL CENTER
Newport News, Virginia
Second Place Winner
International Desillo Cotnpctition
1984 STINSON-IlEAD OFFICE DUILDING
Doca ({aton, ~~Iorida
Special Recollnition A WArd
City of Uoca Raton Community Appearance Uuard
1983 IlEItKSIIIIIE DY TilE SEA
Delray Beach, Florida
A ward Cor Excellence
Palm Beach Chapter
American Institute or Architects
It) SEAnlU:~:ZE
DELilA I' IlEACII, FI.OIHLJA
1982 3r.r. OFFICE nUI1.OIN(;
!leI ray Ucach, Florida
llemur Award
Palm 1\I.'3Ch ChaptN
Anl('ti:: In 11I~litllt(' of Ar('hltc('t~
l!JHI SOUTIl COUNTY ("OMI'I.EX
Palm "cach Cuunty, Florida
A waT I tur ~:xccllence
Palrl1 "leach Chapter
Amc' a'an In~titute or Arcllitcqs
1981 Tm: flIl1DGE IlESTAUItANT
l>clrny Ueach, }-'Iurida
A ward for Excellence
Palm Uear.h Chapter
American Institute of Arcllllccts
1980 ~'EI." 'lESIIJENCE
AWlt l ror Excellence
Pair ,'I\ch Chapter
Am. ,n fn~titute of ArcllltcclS
19HO 1l1':I,
UU)'
Aw.
Pill!"
Ami
1977 SEA
Gull
Aw~'
Flor
Am.
1975 E&,'
llncn
}o'j"'t
Arv
1972 SOl
PaIr
One
(jol"
Am,
1971 SOU
I'all
Iln, ,
FtfJI
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NEWPORT NEWS CULTURAL CENTER
NEWPORT NEWS, VIRGINIA
.
urs RESTA1'IL\,'T
, Ih~a(:h, fo'lnrida
or EXl'C!lCllcc
3ch Chapter
n Institute or Archllccts
IGE CONOOM1NIl:\IS
.un, Florida
Ir Merit
Association
,n Institute or Architects
:IA
~t()n, Florida
;lce
Design Competition
COUNTY COMPLEX
'ach County. Florida
reo Ouilding! to Exemplify
lliding Design
In Institute of Architect.!
COUNTY COM PI.EX
ach County, Florida
,ward
Aucx:iatlon
n Inltitute ot Architect.s
CURRIE SCHNEIDER ASSOC1AT'ES AlA, PA I. a rull,servke An:hltl!'Ctural firm bued In 04!lr.,. Deach, nortdll. I::."tallll",",, . 1M, Ihe rtrm WOVldet .rv1U11
to clIenta on commen:1al. hotel and reson, reu.U. multi.tamily residential and JOvernmental t.eUlUes.
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CITY OF DELRAY BEACH
BOARD MEMBU-AULICATION
IUlnn.... J_~eI:.-
NAME
4h? ~ ~ ?7rh Avp n..lr~y Rp~rh. Fla. 11441
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCEl
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
Gulfstream Bl<!'l.:..' Suite 40I,1177 N.E. 8th Street.Delray B@ac'4-F'lnrirl" IHR]
~)?7R...!.h7~
HOME PHONE
_I4071 ~666
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Communitv Redeilelopm..nt A\1pn"l'.
J.f'lnu:1n-1ielarinnQ: Frftl,..~t'inY'\ 'Pl.,...."i"1g-Ant'i 7rrn;ng
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOOSLY
SERVED (Please inolude dates)
EDUCATIONAL QUALIFICATIONS ' See rl!SlmL...
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES W"ICH YOU HOLD,
--5e~.J:l!s.UlIe.. ___________
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION -!j~hael S. Weiner
and Associ~_~~J P.A. - Attorney
DESCR IBE EXPERIENCES I SKILLS OR KNOWLEDGE WHICH QUALIFY
THIS BOARD. ....see....rP~l.....
U TO SERVE OH
PLEASE ATTACH A BRIEF'RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE,
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTA!
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY AP
RECEIVE.
liD I AGREE A,';D
,m IN THIS AP-
INTMENT I MAY
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~TiRE
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RESUME
Randee J. Golder
462 S. w. 27th Avenue
Delray Beach, FL 33445
Home: (40~i 287-4675
Work: (407) 265-2666
EDUCATION
LAW: Nova University Center for the study of Law
Ft. Lauderdale, Florida - Juris Doctor, GPA 2.92 (Upp~r 17%)
Graduation: December 1983
Distinctions:
American Jurisprudence Book Award - Civil Procedure I
Dean's List, Fall 1981 and Fall 1983
Silver Tongue Award, 1st Year Moot Court Competition
Moot Court Society Board of Directors, Fall 1982
National Mock Trial Competition Team, Spring 1983
UNDERGRADUATE:
Florida Atlantic University, Boca Raton, Florida
Degrees: B.A., B.S.M.T., both granted in 1979
Majors: Chemistry, Medical Technology
Activities: Student Body Senator, Chairperson of Rules and
Policies Committee; Florida Student Association, lobbyist
Rollins College, Winter Park, Florida (attended 8/74-12/75)
EMPLOYMENT
Michael S. Weiner & Associates, P. A.
Delray Beach, Florida
Attorney
November 1987 - Present
Federal Public Defender's Office
Miami, Ft. Lauderdale, West Palm Beach, Florida
Assistant Federal Public Defender
September 1985 - November 1987
.
Dade State Attorney's Office
Miami, Florida
Assistant State Attorney
March 1984 - September 1985
Palm Beach State Attorney's Office
Delray Beach, West Palm Beach, Florida
Certified Legal Intern
June 1983 - December 1983
Malin & Haley, P.'A. (Patent Attorneys)
Ft. Lauderdale. Florida
Law Clerk
June 1982 - June 1983
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Humana Hospital South Broward
Hallandale, Florida
Medical Technologist
April 1981 - January 1984
PROFESSIONAL ASSOCIATIONS
Florida Bar
Federal Bar, Southern District of Florida
Federal Trial Bar, Southern District of Florida
Eleventh Circuit Court of Appeals Bar
National Association of Criminal Defense Lawyers
Florida Association of Women Lawyers
Palm Beach County Bar
South Palm Beach County Bar
CIVIC ACTIVITIES
Director; Old School Square, Inc. (non-profit corporation)
Visions 2000, 1989
Co-Chairman, Delray Beach Street Auction
Legal Counsel for Old school Square, Inc.
Legal Counsel for pineapple Grove Support Group, Inc.
Member of Morikami Museum
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CITY OF DELRAY BEACH
BOARD HEHBER APPLICATION
C)'>i-
NAHE
Jon R. Levinson
HOHE STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
__ 943 Evergreen Drive, Dekay Beach, FL 33483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
1356 N. W. ~j_~~enue, Boca Raton, FL 33432
272-0349
HOHE PHONE
392-3322
13USINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
__how@v@r I wl)uld con~id@r any City Board.
Plannintl & ZoninL!1
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Pleaae includedatea) None
EDUCATIONAL QUALIFICATIONS BS - Accountinl!:, Jacksonville UniversJ.!Y_,- ___
Jacksonville, FL
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES ~HICH YOU HOLD.
Florida, Class _.\1U~llgitionin2 contractor
GIVE YOUR PRESENT, OR HOST RECENT EHPLOYER, AND POSITION
Prl;.slci~J lie Owner - En2ineered Air
President - RSL Enterprises. Inc.
DESCRIBE EXPERIENCES, SICILLS OR KNOWLEDGE WHICH QUALIFY
THIS BOARD. ...MY- accountin2 and business back2rouQ9.. combined with
in air conditioninR cont~Etinl!: and many years of hotel operation
ment aualify me for many boar<l.Qositions.
OU TO SERVE OU
L.JL....:i~ars
'.!! develop-
PLEASE ATTACH A BRIEF RESUHE.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEHENTS ARE TRUE.
UNDERSTAND THAT ANY HISSTATEHENT OF HATERIAL FACTS CONTI
PLICATION HAY CAUSE FORFEITURE UPON HY PART OF ANY I
RECEIVE.
AND I AGREE AUD
~ED IN THIS AP....
'OINTHENT I MAY
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\SIGNA
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II 1988
___L_.....,_____...._
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CCUPATION
DUCATION
ROFESSIONAL
ICENCES
RESENT
FFILIATIONS
"
JON R. LEVINSON
943 Evergreen Drive
Delray Beach, FL 33483
(407) 272-0349
President -Engineered Air, Fort Lauderdale, 7L
Air Conditioning Contractor
President -REL Enterprises, Inc.,Boca Raton. FL
Owner and Operator of:
Holiday Inn Pompano Beach Directly
on the Ocean
Holiday Inn Fort Lauderdale West Hotel
& Conference Center~
Sheraton of Boca Raton Hotel & 'rowers
Jacksonville University, Jacksonville, FL
B.S. Accounting - 1971
Florida Class A Air Conditioning Contractor
Member of the Governor's Select Committee Col Florida
Workforce 2000
Member of the Governor's Florida High Technology and
Industry Council Committee on Secondary School
Vocational Education
Member Board of Directors, International A!
Holiday Inns, Inc.
Chairman of International Association of HI
INN-PAC Political Action/Governmental Af!
Chairman, International Association of Hol:
Marketing Association Presidents Council
Vice-Chairman International Association of
Audit and Administration Committee
Member of International Association of Hol:
Marketing & Advertising National Committn
President of Holiday Inns of Florida Hotel
Association
Member of Board of Trustees of Greater Ft.
Chamber of Commerce
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Member of Tourism/Convention Task Force of
Lauderdale Chamber of Commerce
.
:lciation of
,day Inns,
.rs Commi t tee
lY Inns Hote 1
11iday Inns
lY Inns,
;uketing
luderdale
:eater Ft.
1 of 3
\ST
'FILIATIONS
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Member of Ambassadors Task Force of Greater Ft.
Lauderdale Chamber of Commerce
Member Board of Trustees of Greater Ft. Laun~rdale
Chamber Political Action Committee
Member Advisory Board of Directors - Leadership Broward
Current Participant of Leadership Florida 1988-1989
Member of Board of Directors - The Discovery Center
Member of Board of Directors - American Cancer Society,
Broward Co. Unit
Member of Florida Hotel & Motel Association, Governmental
Affairs Committee
Member of DEL-PAC, Delray Business Leaders Political
Action Committee
Member of Tower Club of Fort Lauderdale
Treasurer of Unity School Endowment Fund of Unity
School, Oelray Beach, FL
Member of Alpha Micro Users Society
Lecturer - Small Business Development Center
Listed in "Who's Who in the South and SouthwfO!st"
Listed in "OUtstanding Young Men in America"
Co-Chairman of International Association of Holiday
Inns, Southeast Regional Committee
Vice President of Tourism, Conventions & Recreation of
Greater Ft. Lauderdale Chamber of Commerce
Chairman Education Task Force of Greater Ft. Lauderdale
Chamber of Commerce
Member of Board of Trustees of Greater Ft.
Chamber of Commerce---political Action Co
Finance Chairman of Board of Trustees of Gr
Lauderdale Chamber of Commerce---politica
Committee
Member of Executive Committee of Greater Ft G~uderdale
Chamber of Commerce
Treasurer of Greater Ft. Lauderdale Chamber
Chairman of West Broward Div. Greater Ft. L
Chamber of Commerce
Vice President-Area Councils, Greater Ft. L' ,derdale
Chamber of Commerce
Chairman-Consumer Services Task Force, Grea r Ft.
Lauderdale Chamber of Commerce
Member of Long Range Planning Committee, Gr' ter Ft.
Lauderdale Chamber of Commerce
Member of ~ommerce Reaccrediation Committee Greater Ft. ,
Lauderdale Chamber of Commerce
uderdale
Ii t tee
ter Ft.
Action
f Commerce
derdale
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SecretarY/Treasurer of Holiday Inns of Florida Hotel
Marketing Association
Member of Blue Ribbon Panel _ Ft. Lauderdale Airport
COurtesy Project
Chai~man, Individual Gifts Committee _ American Cancer
Society
Chairman of Leadership Broward IV
CO-Chairman of Leadership Broward III
Member of Board of Directors of Junior Ach.evement
Member of Junior Achievement Project Business Advisory
Board
Consultant - Junior Achievement Project Business
Member of Executive Committee of Junior Achievement
Member Jr. Ambassadors Advisory Committee, Broward
County School Board
Treasurer of The Discovery Center
Member of Board of Directors of Commerce Club of Ft.
Lauderdale
Chairman of Board of Directors of Commerce Club of Ft.
Lauderdale
President of Commerce Club of Ft. Lauderdale
Vice President of Commerce Club of Ft. Lauderdale
Member of Boca Raton Jaycee's
President of Boca Raton Youth Baseball/Softball Associaton
Director of National Association of Accountants
President of Boca Village Homeowner's Asso:iation
Chairman of Educational Council of Unity S:hool, Delray
Beach, FL
Member of International Association of Hospitality
Accountants
Member of National Association of Accountants
PERSONAL
Married, wife Lori
Three daughters - Loren, Jamie, Jodi
Has lived in Delray Beach, Florida for the ast 9 years
and in Palm Beach County for the last 17 ~ rs.
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1/89
3 of 3
CITY OF DELRAY BEACH
BOARD MEMBER APfLICATION
1~tf!U~ptf-
NAME
.;l()3 /Vw -1~-f~ ~ Z>~t:M~ ~f/
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
2,>.5tE. ~ At/t 7.)$4eA-r,/ tSP/ICfI
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
"lJl~ 2ti 1989
~~J~!
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--, ..
FlA.
FLA--1-
~?8-q7.32.
HOME PHONE
~?&. -/PK1
BUSINESS PHONE
O~ WHAT BOARUS A~E_ !Oll INTERESTED IN SERVING
~IttIJAJ!'lX... ~V6unP~r M.~v.t{ "-
~N/N6- f Z:~AI"A/G-
LIST ALL CITY BOARDS ON WHICH YOU ARE
SERV2 ~eas~~de datesb
eJ I!cpm 'A/y_
CURRENTLY SERVING OR HAVE PREVIOUSLY
H.5jI'1~
EDUCATIONAL QUALIFICATIONS ~tLI ~C=~~~
.
----.--
LIST ANY.jE~~ED PROFESS~AL CERTIFIC~~O~S AND LICENSES WHIC~ YOU HOLD,
-,ll1edlLU=~{!t':___~~J2)~ ~ ~('!(~.zr~M..
-------
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION _____
~_~~LOY~~
DESCRIBE EXPERIENCES, SKILLS OR KllOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. .
<
PLEASE ATTACH A BRIEF RESOME.
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.
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CITY OF DELRAY BEACH
BOARD MEMBER APP~ATION
NAME
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--------
l t:,-{) l'IiJiNJ ;!., C- ~/J!t2 f.' /J ' /J7 J 7? # t="L' L
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)-------
7~J _oj!;' -;-IlJ4"';;- //c-!;l4-; 6c4~/~ /:Lti. .~ :JC;..V,j-
PRINCIPLE BUSIN~SS~TREET ADDR~~;. ~ITY,~IP ~ /.t ---~
-:.l .:;-!) / c, cL:L~A6S r- ~ J./l. wL/ "'I Q b~{G.:0- n A
3:Z. CjQ -- ~ )) / ~ r22i.J:- /~" 0
HOME PHONE BUSINESS PHONE
ON WHAT BOARD~ARE JOJ! INTERESTED IN SERVjNG ~j!fN'd! ' ~ e;'/lttLJ
7. /.JIJ/..L./lI'j a.~,1~(,LL J/~ f~L"'--1..__ __24 /J
LIST ALL CITY BOARDS ON WHICH YOU ARE ~URRENTLr SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) /~c'A7~
-- '
EDUCATIONAL QUALIFICATIONS
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WIICH YOU HOLD.
EC2.JjLZ-- (, ~ lfi.-l=I-~# Ti7a2=-_
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ___,___
-R.fl./ ~--7tE21.c;,d .1!..;;~) Air;'" sa 1/', , 7JC.,;qz:' ,----------
DESCRIBE EXPERIENCES, SKILLS
THIS BOARD. -rT/ _
--#,..LIUl~__
OR KNOWLEDGE WHICH QUALIFY
,( F hl (/ ~r7T~', // CLL
JU TO SERVE ON
__~S ,//11r-
PLEASE ATTACH A BRIEF, RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE,
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTA
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY A'
RECEIVE
.~ ... .~
~i/!Ek~l,:-- ,
S""TUR' ---~ .
lND I AGREE
lED IN THIS
OINTMENT I
AND
AP-
MAY
_('__<i/-_.: ~:"!li-~---
, ATE
.
"
PERSONAL:
Leonard B. Mitchell
727 Place Tavant
Delray Beach, Fl. 33445
Home Phone: (407l 495-2015
Wo~k Phone (407) 243-1500
EDUCATION:
1976: Bachelor of Science Degree in Political Science and
Public Administration, Interpersonal Skills and Human
Resource Managment, Florida A & M UniVersity,Tallat~sse,Fl.
WORK EXPERIENCE:
1983 to Present: Presently employed by the Palm Beach
County School Board Department of Police. Assigned to
Atlantic High School. Responsibilities include developing
security plans for all school activities as well as the
protection and safety of school personnel, property and
students within the school district. Also responsible
for enforcing all applicable Florida State Crimina]
Statutes,also with a physical plant in excess of 6C
million dollars, a Professional staff of 110 peopl~,and
a student population of 1,700,and the implementation
of a series of Drug Education programs to prepare students
to cope with the perils of drug use in our society.
1982: Employed by the Tallahassee Police Departmen~
sworn Police Officer. Received my police Certifi.
from the Lively Law Enforcement Academy.
1980-82 Employed by Container Corporation of Ameri,
Customer Service Representative. Primary responsib,
were customer communication inventory control whicl
cluded warehouse management.
as a
t:ion
as a
,ties
i.n-
1977-80: Served as a Commissioned Officer in the UI. :ed
States Army.
1977-78: Assistant Chief of Personnel Management. ,
States Army Infantry School, Fort Benning,Georgia.
sponsibilities included the assigning of all incom
Officer personneL-managing the schools' travel budl
the development and implementation of a workable r~ !
relation program and interpersonal skills program.
Lted
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
t;)(
RalS E:t T H' Moo R.t.
:i /9 5eA S'A6t QRlvf: tEL~'f Bc1f1:i__~} 4 Y3
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
.fQ<.9 N, W, ZO W- 571l.f.k::r BoCA RA1DJ J343 I
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ---
NAME
( 407) Z1 '(, ? () 40
HOME PHONE
(.j01)Z7t"7z.t" 393-]7/3
, BUSINESS pAONE
(uM~-Pn-f::.Vtt,OPMb1r
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUA~IFffAJI9..N,S...21~,6,.!"L-,lA-~~ ~H 5~H<,-q~ ' Sf:A.CttfSi
-1iLC2-ll_~ ' 'tL1J1::.diTI.Cl WI II S I, i&.ivr.f/~J.J=-1 OF __
~.c1d1 C-rAN _________
~IST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES ~IIICH YOU HOLD.
GIVE YOUR PRESENT ~, O~" ~OST ~NT EMP~YER' AND POS.l.TION .L~t' tM he ieD
=~r1l1i~.lll;=5;.;-~':::j ~ '~';J~ ~iilli I rY L~.d!...1 1-U~IJd~____
N ~ ~ IliD f- r ~
DESCRIBE EXPERIENCES'~S OR KNOWLEDGE
TH~~OARD. ()r}~~~ d -r3r~fJl~~
__.L rt~~", ~",I . _L~L1M;"-
)U TO SE;f\'{E 011
CIS I O,..j MA KI!::1....()../
EP'"n
PLEASE ATTACH A BRIE~ RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, .ND I AGREE AllD
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTA, lED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY A" OINTMENT I MAY
RECEIVE.
~'i1f.l11!t!}OtL _~____
SIGNATURE
__dYlnLSJ ~~_LJ]~ _~___
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ROBERT H MOORE
"03 VISTA DEL MAR DR'VE
DEL RAY BEACH, FLORIDA 33...
(305) 278-70'0
PROFESSIONAL EXPER~
MANAGEMENT CONSULTING BUSINESS, PR'NCIPAL-CARIBBEANBASED
Own enlrepreneurlal bu..ne.. eslabli.hed loe.alua" and market prOducts for Industry 10 productlnddistrlbulo 'nCludo. plann'ng, SOlocl'ng ano
Implemenling new ,nvestments w.'h con..deralion ot prlmery espects 01 lunctionallea.ibilily; linancial,cc'Plability; and oconom,c P'OOUCI""y
Operating ISSOCiahon wIth major inrernarionl' manufacturing and markeling complni...
5179 10 Present
'!:ORTUNE 500' HEAL TH CARE CORPORATION, LINE AND STAFF MANAGEMENT-MIDWEST BASED
9/71 to 5/79
Held .arlou. managemenl PO.ilion. .nCluding General Manager, C'rlbbean Operations: only E.ecuti.e A..,stanl '0 Ihe PreSIdent. ..MO-",oe
Pharmaceullcal.nd Con.umer PrOduct. Di.i.ion: only AdminlSlrati.eA.Slstanttotho Cnaorman ollho Board, and tho Chiol E..CuI..e OH'ce" ano
the PreSident. pa,ent corpora lion; PreSident 01 subSidiary. TrlVelled worldwide.
MANAGEMENT CONSUL TlNG BUSINESS, PRINCIPAL-MIDWEST BASED
J/71 fo 9/71
Own organiZltional and trouble .hOoting .al.., markeUng, distribulion, manufacturing, per.onnel, and finance, con.ultants 10 'FORTU/:lE 500'
Corporation., Ma/or prolecl propo.a/to reo'ganize ph...mecoulical company was accoplOd and I was hirod 10 implemenl Changes recommenoed
\.1ANAGEMENT CONSULTING, ASSOCIATE-MIDWEST BASED,
~aiketed, con'ulted and conductod Ih,.. and li.o day uecuti.e .omlnars Irom coa.l-lo-coast, emphasiZing problem .ol,'ng, dec,s,on -",ng
Ind plann.ng, Clients included majo, corporation. like Ford MOlor Co" General MOIOrs, Goneral Electric, and man'r Olhors,
2/7010J/71
'ORTUNE 500' PUBLISHING CORPORATION, DISTRICT MANAGER-MIDWEST BASED
OIdlng Manager.n U,S, .ales tor Iwo years, lor originalequlpmenl market. plantengineorlng, ond inou'frlal pro<ucl.
10167 10270
OR TUNE 500' CONSTRUCTION INDUSTRY CORP" MARKETING REP -SOUTH & MIDWEST BASED
ead,ng .ales producer In e.ery a..ignment. "Salesman of Ihe Year" ,n 1962, Naliona' competiti.e award lor Oe., I olng mult'-m,'IIon 00""
hO/I5Ilt, in increased revenue. and operating income.
6i70 10 1067
:RSONAL
~ec'lI.n, he.l1h, aCliyely playing competitive lennis and golf: scubl diver
:t'.e ,n bu.,ne.. /c..ic aHa"" Past Pres'denl, Industry Managers Club: Vice Pre..denl, 'ndustry ASSOciation: Fo, . member 01 Un...""y
'.'.ory Counc,': PreSIdents Assoc.allon: TA.k Force member, Pre"denl. Counc.' on PhYSICal Fitne.. and SpOrts: ' rch Board 01 OlleclC's
~~~A~
'acr.,1 High School, Cefray eeach, Florida,
liverSlly 01 Virginia. CharloueSVllle, Virglnl.
~"ison University, Granvill, OhiO. B A.
'iv,rIIlY 0' MiChigan, C.arborn, Michigan. M.8A.
adarShip Cevelopment Instifutl. Princeton, New -'rsey
Im'rous American Mlnaoement ASSOClalion Cevllopmen, Cours.s.
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CITr Of' DURAJ DEACII
.Il.QA1l.lLllEllilE1L.AUJ.l Ul.1 !lIL
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AI")!, '--
Loren II. Sheffer
IIAIIE -
925 NIl 7th Court Delray 3each, Florida 33445
iioiiEsTiiEETAiiiiiiEss~cirr, ZIP (LEOALiiESiiiEiicE;-------------------
3orton Volvo, 2201 North Faderal Highway DP-lray Deach, Florid.:!. 33483
rRIIICIPLE:DUsiiiESS STREET ADDRESS, CITr:-iip
(407)495-8717
II0llE rllOIlE
i 407:,243-4600
---..---------.-..
DUSIIIESS l'II0IlE
011 WIIAT DOARDS ARE rou IUTEDESTED .rll,s&RV'IIIO r h.wc never served on al!Y iI.onointed
boards. I have chaired the North Federal H1qnway 'lidll. P'v..",.. w!,1..ldlaS-proy.1Elee me_
with excellceilt \'o\Orking J:nowleage co serve ,he ,-.k.A.
LIST ALL CITr DOARDS Oil WnICII IOU ARE CURRENTLI SERVING OR nAVE rREVIousr,r
SERVED (Pleaae inolude datea)
EDUCATIOIIAL QUALlf'ICATIOI/S
&~chelor of Science Cum Laude, Univer~ity of Wisconsin-
-Eau Cla1re, l~/b
--------
LIST AlIr RELATED rROF'ESSIOIIAL CERTIF'ICATIOIIS AIID LICEIISES IIillCn rou nOLD.
Florida Auto Dealefs License
GIVE roun PRESEI/T, OR IIQST RECEIIT EIlPLOrER, AIID POSITIOII
Borton Volvo, Vice Presldent Il. GeneraJ: /1.!il1ager
DESCRIDE EXPERIEIICES, SKILLS OR KIIOWLEDOE WllfC11 QUnlfl
TillS DOARD. -.he City of Delray is at a critiC<1l time n 1ts hilftory.
bur eh.cted and appoJ.ncea OtIlcaJ.S 1:0 Oe1:eI11Une U..., d1....<,;l!uu tin::
-,- 't~ l:11k... 11v'e;;ricnce as a manager and. a n=iator I believe cc
to the C?.A. The other quality I feel I can to the Cll/\ 1S my
rLEASE ATTACII A DRIEF' RESUIlE. been successful in the endeavors tc
~~~thUDiasrn gees a long \'iLly to 1\'.
I IIEREDr CERTIF'r TIIAT ALL TilE ADOVE STATEIIEIITS ARE TRUE,
UIIDERSTAIID TIIAr AllY HISSTATEIIEIIT OF' IIATERIAL FACTS COIITA,
rLICATIOII CAUSE F'ORF'EITURE UPOII HI PARr OF' AlII A"
RECEIVE.
0~U , TO SF:RVE 011
C'I.. 1.:J up LL>
-1 ..i.... 'jv~liS.
r De ot u5s1~~unce
:rgy. 1. nave c11'.~'J.Ys
lich I was calmitted
Lng a ccmnittee wot'i~.
lllU I AGREE AII[1
,ED 111 TillS H-
OINTIIEllT I "^Y
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Loren Sheffer
925 NW 7th Court
Delray Beach, Florida 33445
Phone-Bus. (407)243-4600
EMPLOYMENr
EDUCATlOOAL BACJ<GROUND
PEIlSCl-lAL
G:lALS
HOBBIFS
.
Home (407)495-8717
- 1/88-Present
Vice President, General Manager Borton Volvo Delray Beach
- 8/84-12/88
Used Car Manager Borton Volvo Minneapolis, Minnesota
- 10/83-8/84
General Manager Aero Precision Engineering
St Paul Park, Minnesota
- 7/83-10/83
Salesman - M;)rrie's Imports, Wayzata, Minneapolis
- 2/78-7/83
Walser Automotive
Salesman, Salesmanager
College - University of Wisconsin -::au Claire
Class of '76 Bach. of Science CUm IilUde, Art Education
. .
High Schcol- Glenbrook SOUth High SchoOl
Glenview, Illinois Class of'72
Married, No Olildren
Volvo dealer
! in Delray, and
Short term, to be the highest quali
in the Southeast ZOne, to make my t
to start our family.
Long term, to lcok back on my life d not feel as
though I had missed out on too mud
Spending tiJne in Northern Minnesotc ishing and having
my biggest concern be if I brought ,ong enough bait.
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CITY OF DELRAY DEACII
lU2An.lLll.Ell.DiLAUl.l.l:UJ llIl
KATHI D. SUHRALL
rIA /I E
60 MARINE WAY DELRAY BEACH, FLORIDA ##$*#
iioiiESTiiEETAiiiiiiESS~ciTY. ZIP (LEGALRESiiiiiicE)------.
822 EAST ATLANTIC AVENUE, DELRAY BEACH, FLORIDA 3348Y
PRIIICIPLE DUSINESS srREETADURESS. CITr:-iIP
--------..
265-3492
1I01lE PIIOIIE
272,,6700
----_.._----- ..
DUSIIlESS PIIUIIE
DII WIIAT DOARns ARE YOU lIlTERESTED III SERVIIIO Community Redevelop:nent AGenq
LIST ALL CITY DOAnns 011 WIIICII
SERVED (Pl.ea. inolude detea)
IOU ARB CURR"EIITLI SERVIIIG OR IIAVE PREVIOUSl.l
Planning & Zoning 1983-1988
Beach Advisory Committee 1987-present
EUUCATIOIIAL QUALIFICATIOIIS
See At t a c h,e d
LIST AllY RELATED PROFESSIOIIAL CERTIFICATIOIIS AIIl> LICEIISES WIIICII YUU HOLU.
See Attached
elVES YOUIl PRESEIIT. OR 1I0ST RECEIIT EIIPLOYER. AIID rOSITIOII __
ee Attachea
UESCRIDE EXrERIEIICES. SKILLS on KIIOIlLEDGE WIIICII QUAL]' Y YOU TO SERVE: QI
TillS DOARU. Born in Delray 1945 and lived here continuo .ly.. ,very
sensitive to the communlty. Been in real estate sine 1972. See
ac.:acnea resume.
rLEASE ATTACII A DRIEF RESUIIE.
I IIEREDY CERTIFY tllAT ALL TilE ADOVE STATEIIEIITS ARE T1
UIIDERSTAIID TIIAT AllY .IISSTATEIIEIIT OF UATERIAL FACTS CJ
PLICATIOII /lAY CAUSE FORFEITURE' UPOII UI PART OF A/l';
RECEIVE.
;. A II U ] A 0 R E E ,llll
fAIIIEU III TillS Ar
APrOINTllEIIT I 111\
~~o'~
~IGIIATURE .
M a v L.....lta.9..
l>ATE
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KATHI SUMRALL REALTY. INC.
&11 East Allall/lr A mil" . ",Ira)' O,arlr, Flurilla JJ48J . 41/7.171'67Q()
1972-1977 Ena G. McFee, REALTOR
Delray Beach, Florida
Position: RealtorlAssociate
1977-1985 Bonnell Realty, Inc.
Delray Beach, Florida
Position: Real tor/Associate
1985-1988 Ena G. McFee, REALTOR
Delray Beach, Florida
Position: 'RealtorlAssociate
1988- Kathi Sumrall Realty, Inc.
Delray Beach, Florida
Positon: REALTOR
KATHI D. SUMRALL
EMPLOYMENT:
.,
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CIVIC:
1973-present
1978-1980
1983-1988
1985-1987
1987
1987-present
1987-1988
1987-1988
:
1989-present
1989-pre,sent
RESUME'
"
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JUN 1 1989
I' . ~ .., .. r I ":
(;11/ Mhll,'''C~, :' ' , ,c"
Various Committees of the Delray Beach
Chamber of Commerce.
Chairman of Political Affair Committee
for Delray Beach Board of Rea'ltors
Member of Delray Beach Plannin9 and
Zonin9 Board
Chairman of the Delray Beach Plannin9
and Zonin9 Board
Member of Delray Beach ,City Manager
Task Force
Member of Beach Advisory Committee
City of Delray Beach
Member of Board of Directors of Old
School Square Foundation,
Delray Beach, Florida
Member of Board of Directors of the
Delray Beach Board of Realtors
(Realtor/Associate position)
Member and President Elect of Board of
Directors of Delray Beach Board of
Realtors (Realtor position)
Member of Board of Directors of the
Florida Association of Realtors
CAREER RELATED EDUCATION AND COURSES:
1972
1975
1986
1986
1987
1988
1988
,
1972-present
.
Florida Real Estate Commission Course
(Salesman's course)
Florida Atlantic University
Florida Real Estate Commission Course
(Broker's Course)
Florida Atlantic University
National Association Master Appraisers
Priciples of Appraisal course
National Association Master Appraisers
Practice of Appraisal course
Marshall & Swift Residential Cost
Replacement Handbook Course
Certified Real Estate Appraisers cours,
National Association Master Appraisers
Effective Court Testimony course
Various educational courses and
seminars too numerous to ,list sponsore'
by and/or required by the Delray Beach
Board of Realtors or the Florida
r,~~flriAtion of Realtors
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CITY OF DELRAY BEACH
aQ~ MEMBER APPk1~ATION
-LlJ.jLtd A E L_____~
NAME
SQ'i (')J...&- AA)J P- ~ kAtJ'k 1)1=:k.~___-UF".4 (' I-< __=~__
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) S:5 '-( ? <,
01, (,() s ' N e R... \I- I"\,.s. s. 0 c. ( A,... t:i.s t i"', A, "-'
,>, ',....... '-i {)..., 1/7"'7 11/, p. ~ 7?"f .f:T --D.E..J..L-<'d.'r.___j;U~CL ,e::- J...
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ~ 3 '7 g 3
W c= I Ai .5; ~_________
. ------- ----
--_._-------
------
------------
.....L7 <<; - .3 9 5 '-1
HOME PHONE
--
--_~i:J.. s .:. .,t (, {, t,
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
iJ1f"d_T:.. A;;.p N r. '7"
('" r) Ii} 171 II IV'I ...,...../
~~ uti: vCL c:P'
----- ----
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please 1nolude dates) N O'~~____ _____
-----
-----
----------
EDUCATIONAL QUALIFICATIONS
p ~1iL1 -::: F:
--------
----.------ -------------
Se: ~ -..--g~~J;..Jllj;;,____L9_ r: A C"'E .:
----------------
-----.------
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
e )./; (.L --.E..liJ::]_-J.:J.s:;~:r.L~-.---E~.l:2...::L~~__tt.45()D.L3-_rx..(24...___
------------
---------------.------------
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ~
,;I,O-fLV;.l:.___J;':E..../NP.Q 7-.A C;C;n,//TrE;<; "'...12.,-__A
LB...Jl/ ____ ____ __--.::..___
, )~-_L/71Pj,c >'EC)
, ?:f.Le(AF"Y~_--:-1 _ -
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY
THIS BOARD. c;: ~ WE <; () In,c 4-TT'."1:..~p 7) ______
OU TO SERVE: O~l
---------------
--------.-
---- --------
------
--.-----.--
--------- ------
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE,
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTP
PLICATION MAY CAUSE FORFEITURE UPON MY PAllT OF ANY A
LRECEIVE/\ t1 Ii \ /
\) (/ "
:::Ul.t-f.:..Li~...I_ : V--." ~I)l ~,~
I I r~AfURE
,\ND I AGR EE AND
'ED IN THIS AP-
OINTMENT I MAY
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Michael s. Weiner
509 Oleander Lane
Delray Beach, FL 33483
RESUME
Home: ! 407) 27 8 - 3 9 5 4
Work: (407) 265-2666
EDUCATION
LAW: University of Michigan Law School
Ann Arbor, Michigan - Juris Doctor (graduated Wi1:11 honors)
Graduation: May, 1974
UNDERGRADUATE:
Washington & Jefferson College, Washington, Pennsylvania
Degrees: B.A.
Majors: English
EMPLOYMENT
Michael S. Weiner & Associates, P. A.
Delray Beach, Florida
Senior Partner and Founder
March 1, 1986 - Present
Csank, Csank & Weiner
Cleveland, Ohio and Palm Beach, Florida
Partner _
September 1, 1983 - February 28, 1986
Guren, Merritt, Udell, Sogg & Cohen
Cleveland, Ohio; Columbus, Ohio; and Miami, Florida
AttorneY/Partner (1980)
May 11, 1974 - August 31, 1983
OTHER ACHIEVEMENTS
Licenses:
Member, Ohio State Bl
November 9, 1974
Member, Florida StatE ,ar,
December 5, 1978
Former Member of the Board of Trustees of the Rc ,ld McDonald
House of South Florida, Inc.
Former Committee Member of the Public Broadcast1! Channel Two
Advisory Auction Board
Former Committee Member of Miami Chamber of Comrr' ce, Riverfront
Quadrant Development COmmittee
.
Former Committee Member of Beachwood Civic Lea~, Planning and
Zoning Committee '
.
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Pro bono counsel for Old School Square, Inc., a non-profit
corporation
Teaching:
1976-1977, taught evening classes for
paralegals at Dyke Com1runity College,
Cleveland, Ohio. Course: "Negotiable
Instruments and Sales under the Uniform
Commercial Code".
Speaker:
1978, Public Accountan~~ Society of
Ohio. Topics: "Sales ~nd Leasebacks,
Recent Developments" anCI "Corporate
Stock Redemptions and Attribution
Rules" .
1979, Public Accountants Society of
Ohio. Topic: "Tax Planning Concerning
Corporate Owned Life I;lsurance".
1980, Public Accountants Society of
Ohio. Topic: "Tax Aspects of
Acquisitions and Dispositions of
Businesses".
Publications:
1980, Cleveland Tax Inst.itute. Topic:
"Relief from Section 3111 Attribution
Including Waiver of Family Attribution
by Estates and Trusts ;,nd Changes in
IRS Position on Sectio, 302 (b)(l) and
Family Hostility".
Author, "Real Property: For the
Connoisseurs of the Preposterous--When
Is It A Capital Asset?". 24 Cleveland
State ~ ReView 573 (,175).
CO-Author, "Accumulate
and Stock Redemptions-
on the Reasonable Bus!
28 Cleveland State La~
(1979). -
Earnings Tax
urther Thoughts
ss Needs Test",
eview 417
CO-Author, "stock Rede,
Reasonable Business Ne,
on Accumulated Earning:
!2r Accountants 176 (Me
tions Can Be
s to Avoid Tax
, 26 Taxation
'ch,1981).
.
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CITr OF IlELRAr DEACII
.Il.l2AlJ .ILlIEllilJ; LA ULl.c AI H!ll
IIAlIE
CLAYTOILWIDEMAN
-. .~_. -----.-....-- .. - . - .
225 N.E. 21 Street, Boca Raton, Fl 33431
------------------------- '-
1I0llE STREET ADDRESS., CITr, ZIP (LEGAL RESIoEi;cEj- ----, ----__ __"
400-404 w. Atlantic Ave, Delray Beach, Fl 33444
---------------------.------------
rRII/CIPLE DUSINESS STREET AIlIlRESS, Cln, ZIP -------_,___u,
------~- -
391-6644
--.----- ~ --. - - -- --
h
1I0ltE PIIOI/E
276-4915/216-5066
_.__..__..~ ---...-- --- - --
DUSI II f:~;S 1'1/11 III,:
Oil WIIAT DOAnDS AnE rou II/TEnESTED IN SERVII/O
C.R.A.
---
------------
LIST ALL CITY DOAnns Oil WIIICII IOU AnE CURREI/TLrhSERVIIIU on IIAVr. fIlEVIUu,,',r
SERVEV (Pleaae 1nolude dates) See Resume attac ed
--
EVUCATIOI/AL QUALIFICATIOI/S
----.---
See Resume att ached
-------
l.IST AI/r RELATED rROFF:SSIOI/AL CERTIFICATIOIIS AI/V I.ICEI/SES \:IIlCU YOU 1I0Ll!.
Cosmetology 1icens,!l . and Barber License
GJ.VE loun rnESEI/T, OR 1I0ST RECENT EIIHOlER, AI/V rOSITIOI/
_His & Hers Ha~Creations - Owner and Mana<<er. proprie!~_of_______
Clay' Hy's i8Yti~ue.
lJESCnIDE EXPERIEIICES, SKILLS OR KI/OIlLEDOE WIIICII QUAl.IFl
TillS DOAnlJ professionallf' I have held an excellent reput
past twenty ~s~!n aad tion, r have served on severarlff
and have con inued to serve the community in iViryasnec~
employed indivldual.
PLEASE ATTACII A DnIEF RESUIIE.
'OU TO SERVE 011
Lon for the
or comml tt"es
-- ---
........t.lL
I IIEREDY CERTIFY TIIAr ALL TilE ADOVE STATEIIEI/TS ARE TRUE, II/U I AOnEE ^IIII
UIIDERSTAIID TIIAT ^"Y IIISSTATEIIEIIT OF IIATERUL FACTS CONTJ lEU III TillS H-
rLICATIOII liAr CAUSE FORFEITURE' UPOII HI PART OF AllY A,l OIlITlfEIIT I II^'
RECEIVE.
// # ~.liLd:Rt.4"'~
~aIlATURE
June 2h-..: ~L_
ATE
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Clayton Wideman
Proprietor
Clay & Hy's Boutique & His Hers Hair Creations
Personal
Educational/
Professional
Experience
1962
Diploma
1965
Diploma
A.A. Degree
1973
1981
Diploma
Clayton (Clay) is a well known business person.
He and his wife Hyacinth (Hy) have been married
for 24 years. They both own and operate Clay &
Hy's Boutique & His & Hers Hair Creations
for the past 17 years.
Clay was born in Delray Beach, Florida, as a
youngster his parents moved to South Georgia where
Clay grew up. At age of 18 after the death of his
his parents, Clay returned to South Florida.
Graduated from Magnolia High School, Thomasville
Georgia, 1960
Barber Science and Hair Designing, Miami Barber
and Beauty. College, Miami, Florida
Cosmetology Training Center, Carver High School,
Delray Beach, Florida
Palm Beach Junior College, Lake Worth Flmida
Make-up Artistry, Hollywood College ,f Beauty
Culture, Hollywood, Florida
Several certificates received for advanced
workshop training in hair technology
Winner of several state trophies ~or hair
designs and salon techniques.
.
Professional
Organizational
Community Activities
1968-1970
1968-1973
1973-1980
1974-1980
1978-Date
1978-1979
1979-1980
1980
Feb.-May
1981-1986
1982-1986
1981-Date
1987-Date
1984-1985
1987
1988-date
1988-Date
Jan. 1989
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Member of the Christian Movement for
Civic Action, Delray Beach, FloIida
Treasurer/Board Member, Delray Beach
Community Child Care Center
Member of the Delray Beach C~,istmas
Lighting Committee
Chairperson, South County Migrant Health
Program
Member of the Greater Delray Beach
Chamber of Commerce
Member of the Cosmetology Board, South
County Technical Training Center,
Boynton Beach, Florida
Member of the Delray Beach,
Beautification Committee
Served on the City of Delray Beat:h Fact
Finding Blue Ribbon Committee for. the
Delray Beach Police Department
Member of the Urban League, Bo~a Raton
Chapter
Member of the Urban League Board,
Palm Beach County
Member of the Orange Blossom COS"!tology
Association
Appointed as an Officer to the 'ard of
the Cosmetology Association at t state
level
Appointed by the Mayor of the Ci of
Delray Beach on a Task Force : Jr the
revitalization of Atlantic Avenu
Phi Beta Sigma Fraternity, Inc.
Member of the Police Community visory
Board, Delray Beach
Member of the Partnership using
, Advisory Committe
Advisory to the Adult Education \ ~gram,
Carver Middle School, Delray Bea
r
1988-Date
1988-Date
Awards:
1978
1983
1984
1988
1989
1978
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Member of the Peach Umbrella Plaza
Association
Member of the Noon Kiwanus Club
Phi Beta Sigma Fraternity, Inc.
Citizen of the Year Award.
Zeta Phi Beta, Palm Beach County Chapter
Continuinq Community Service Award.
NAACP Outstandinq Businessman of the
Year Award.
Palm Beach County Black Annual Awards
Outstandinq Businessman of the Year.
Delray Beach Masonic Lodge 275 Annual
Award for Outstandinq Service to the
Community.
Winner of Miss Clairol Hai~ Color
contest.
,
C I T Y
COM MIS S ION
DOCUMENTATION
TO: WALTER O. BARRY, CITY MANAGER
~L//~6C.. ::......
VIA: FRANK R. SPENCE, DIRECTOR
c:VELOPMENT SERVICES GROUP
\L'~j ~LA~
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JULY II, 1989
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH
A CHURCH AT 601 S.W. 6TH AVENUE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of Conditional Use #CU-6-292 which is to
establish the use of a "church". The underlying zoning
district designation is R-lA.
BACKGROUND:
The request involves six lots in Block 3 of Rosemont Park.
I, 2, and 3 are currently occupied by the Kenland Academy,
care center. Lots 4, 5, and 6 are vacant.
Lots
a day
The request involves establishment of the use of a church at this
point in time (Phase I) and then, as the congregation grows,
upgrading the site and expanding the on-site parking area (Phase
II). The initial submission addressed a Phase III which included
a new building; however, at the Planning and Zoning Board hearing
representatives of the Church stated that there were no plans for
building a new facility.
While the site is kept in good condition, it does lack proper
landscaping, drainage, and other improvements which are required
of new development. A site sketch is attached. Also, please see
the Planning and Zoning Staff Reports for June 26th for more
background.
PLANNING AND ZONING BOARD CONSIDERATION:
Following a public hearing held on June 19, 1989, the Board
continued the item to a special meeting on June 26th. At both
meetings there was extensive public comment. The request met
with opposition from a Rosemont Neighborhood group. During the
presentation, the location of churches and day care centers which
are in the area (see exhibit) were identified. This situation
and the impact which these uses have on neighborhoods was cited
as a reason why the request should be denied.
After hearing from the applicants and the neighborhood, the Board
determined that more than 100 individuals could be accommodated
in the existing building under the requested use. Based upon his
feeling that the proposed use would create a negative impact upon
the neighborhood, Mr. Bridges moved to recommend denial. The
motion carried on a 5-1 vote.
\11
To: Walter O. Barry, City Manager
Re: City Commission Documentation
Meeting of July 11, 1989
Consideration of a Conditional Use Request to
Establish a Church at 601 S.W. 6th Avenue
Page 2
Please refer to the Board's Staff Report and supplemental
material for an analysis of the request's potential impacts and
alternative courses of action. Also, the item before the Board
did not involve any proposal for site upgrading or the provision
of additional on-site parking.
RECOMMENDED ACTION:
By motion, support the recommendation of the Planning and Zoning
Board and deny CU 6-292 based upon the proposal not being in
harmony with the standard of general compatibility with adjacent
properties and other property in the area.
Attachment:
P&Z Staff Report of June 19, 1989
Supplemental information of June 26, 1989
Exhibit showing nearby churches and day care centers
REF/DJK#46/CCCHURCH.TXT
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CONDITIONAL USE & SITE PlAN APPROVAL
UNITED METHODIST CHURCH
HAITIAN DAY CARE CENTER
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PLANNING AND ZONING BOARD MEMORANDUM
TO:
,,~LANNING AND ZONING BOARD
~c OF DELRAY BEACH
CV~'/ J ~'~l\<'~:)-
D ID J. ~VACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: SUPPLEMENTAL DOCUMENTATION, SPECIAL MEETING OF JUNE 26
CONDITIONAL USE REQUEST, UNITED METHODIST HAITIAN
CHURCH
Situation: This item was first before the Board for a formal
public hearing on June 19, 1989. The hearing was closed and the
item continued, with the concurrence of the applicants, in order
to provide an opportunity for the applicants and neighborhood
representatives to come to an understanding or agreement on
aspects of the proposal. At the end of the Board's June 19th
meeting, a co-agent requested that the item be considered prior
to the next regular meeting (July 17th) due to business
considerations. The Board then called for a special meeting on
June 26th.
Analysis Update: Following
information has been developed.
the meeting some
This includes:
additional
Sewer Service - the current use is served with central sewer
and water. The staff report was in error.
Sidewalks- sidewalks exist on the north side of 6th Street
across from this site; few sidewalks exist elsewhere in the
immediate neighborhood. There are vacant properties along
6th Ave which when developed along with this site would
provide a continuity for a north/south pedestrian route.
Because of this situation and the character of the proposed
use, the requirement to install public sidewalks should not
be waived.
Parkinq impact - in order to be more precise with respect to
intensity of use, a co-agent contacted this office with more
information regarding limitations on available floor area.
Evidently a full 1,541 sq.ft. as indicated on the submittal
does not exist. A revised floor plan and a proposal for
limiting seating area was to have been prepared and brought
forward. As of this writing, such information was not
provided. If such information is provided, it may become a
part of the petition and thus be a basis for enforcement of
a limitation on the number of persons using the facility.
-,
To: Planning a. oning Board
Re: Supplement~_ Documentation,
Special Meeting of June 26, 1989
Conditional Use Request,
United Methodist Haitian Church
Page 2
Other situations In the past two years the Board has
denied two requests for establishing new churches because of
impacts on the immediate neighborhood. One was on NE 1st
Avenue, just north of Atlantic Avenue; the other on SW 5th
Avenue, just south of Atlantic Avenue. Two churches which
increased their seating area or which otherwise made
significant changes were required to upgrade to meet today's
code requirements. These included one on SE 1th Avenue; and
one on SW 8th Avenue, a few blocks north of 10th Street.
Also during this period, two churches have been built
totally new and to code. These are located on SW 8th
Avenue, just north of the cemetery; and at Homewood and
Atlantic.
Status - Alternative Actions: There has been no new information
provided to this office which would alter the alternative courses
of action nor the previous staff recommendation. They are
summarized below - please refer to the previous staff report for
more detail.
A. Approval without conditions.
B. Approval with upgrading and additional parking to be
provided later with a triggering mechanism* identified.
C.
Approval with
establishment
provided later
upgrading of site commensurate with
of use and additional parking to be
with a triggering mechanism* identified.
D. Denial in that existing facilities are inadequate to
accommodate the use without the provision of additional
parking and upgrading of the site which would otherwise
accommodate Standards B, E, and J.
E (newl Approval with the Phase II improvements (29
additional parking spaces and site upgrading)
commensurate with establishment of use. (This
alternative was not initially provided since it was
contrary to the project description and initial
request. )
Notes:
I.
An action which requires site upgrading
establishment of the use would necessitate
of a site plan pursuant to 173.86.
prior to
processing
\
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To:
Re:
Planning a ,oning Board
Supplemental Documentation,
Special Meeting of June 26, 1989
Conditional Use Request,
United Methodist Haitian Church
Page 3
.
2. (*) the triggering mechanism could be:
a)
size of
applicants,
monitor
congregation as proposed by the
however, this is a difficult one to
b) observation that the attendance or
activity at the church involves people using more
than twelve vehicles i. e. parking in other than
designated areas
c) an attachment to the petition which identifies
interior building use area and occupancy loading;
this mechanism could be used in conjunction with
"b"
d) a date certain e.g. one year after establishment
of use.
A problem with all of the above is that if a violation
occurs and the improvements are to be made, it is difficult
to continue to regulate the intensity of the use while
arrangements are being made to upgrade the site or expand
the parking area.
Recommended Action:
Denial, or
Approval subject to:
1. Upgrading of existing improvement area (with a site
plan first being processed)
2. A triggering mechanism for additional parking.
REF/DJK#46/SUPDOC.TXT
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[Iry DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
310S.1 J~l SrRLll. Sl 11' i'l l'~ \i HI, Hlf.lllll{lll\ ;q:-:;
-l.{17.'~..j-"~1141) [I !I((\l'!II{-i;I~ ~-,"'--J'"
June 22, 1989
'.:r. Ed....ard A. Bolter. President
Rag-Ie Outdoor Adverti~in~
240 Southeast 2nd Avenuf'
Delray Beach. FL 33444
Subject: :qevised Draft Ap'reement Between the eit,,' of D"lrnv Bench "'lei
Ea!!,le Outdoor Advertising-/Pllrk Ten Businegg Parl{
Dear Ed:
Enclosed herewith please find a revisp.d drnft of the ag-rep.l11ent between the
City and Eagle Outdoor Advertising/Park Ten Business Park concerning- the
installation of a billboard.
We have also transmitted a revised draft letter to be submitted to the Florida
Department of Transportation.
We would appreciate your expeditious review of this rp.vised draft. and bv
copy of this letter to the City Manager's Office are requesting that this
matter be scheduled for the next available City Commission ag'enda for their
further discussion and consideration. with potential subsequent approval of
this proposed agreement.
Sincerely yours,
OFFICE OF THE CITY ATTORNEY
CITY DELRAY BEACH, FLORIDA
t
Attorney
sq.
By:
HT:ci
cc City Commission
Walter O. Barry, City Manager
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This Ag're(>m(>nt "woe this <ill" o~ , 1989. h"
and b(>tw(>(>n the CITY nF D"r, RA Y ~F.ACH. FTJ"lRIDA. he'."eil1uft(>r r"ferr"rj to
as the "Cit'7", and the fOllowil1g" T)llrti(>s, hoth jointlv and severallv. EAGLE
OUTDOOR ADVERTISING and PARK TEN BUSINESS PARK, her"inafter
rp.fer!"erl to .'lS tl-ti'3 IfOw"pr~".
F0r and 'i., ~0n..c::iri,::)r,qtin'1 ()f' t}l~ rT1ututll co'\rpnants anrl ;>~()mises spt
forth h~r~in. th~ nartipc; ~Pt"Pt() RP"rpe as fnllQw'l:
'I' I T N E SSE T fI
1. That the City of Delrav Bench dop.s hp.rebv agTee to suspend
the effectiveness of its Cod of Orrlinances sp.ctions 162.035 (G) (3) and
162.035 (F)(3)(a) in order to p(>rmit an existing- billboard sign to bp. rp.located
on the owner's propertv.
2. That the prop(>rtv upon which this billboard is located is more
particularly described as follows:
(LEGAL DESCRIPTION)
3. That the owners agoree that this suspension of applicable
ordinances as referenced in parag-raph 1 above is being done solely for the
purposes of an is limited exclusively to permitting the owners to install a
billboard at a location on thp. subject property (see attached), and further to
permit the subject billboard to be made in a location flush with the buildin~
now located on the owner's proTJert,. and to chan"e the confie:uration of thp.
base upon which said hi,llboard rp.sts. I-{owevp.r, nothing' her"in shall be
construed to perMit the owners from chDnMng the dimensions of the billboard
l
.
sign itself, nor shall it permit the billboard to be at a hE'ig-ht g-rE'at"r thRn it
is in its current location.
4. That Eap,-le Outdoor Advertising- or its SUCCf>ssors Rnd Rssip,"ns,
do hereby agree to PRY the City the sum of Fortv Five Thousand ($45,000,00)
Dollars, to be paid in equal installments Rnnuallv upon the anniversarc' riatE'
of this agreement for purposes of beRutification proi"cts that shRll he soleI v
undp.r the discretion Rnd c011trol of the Citv. The Cit~, ag-reps thRt it shall
endeavor to make an exoenditurp. of thE'S'! fUn0s to oroiects or hp.auti'ic,~tion
in the areR which is g'enerRlly in the vicinitv 0' thf> suhiect oroo",rt" OW"",,
by the owners, being in the Germantown, 1-95 and S.W, 10th Street corridor.
5. The owners ag'ree that Rll costs of the movement of the
billboard, its reconstruction, the costs of all landscaping'. the costs of all
permits, and the obtaining of all necessary approvals from the Florida Deoart-
ment of Transportation, the City of Delrav Reach, or other applicable
governmental agencies, shall be done solel~' at the expense and under the
obligation of the owners. That the owners agree to use due diIig'ence in the
obtaining of all necessary permits and approvals.
6. That the owners a~ee to totally remove the billboard and its
base. and return the site to a condition acceptable to the Citv, all at their
sole obligation and expense on or before September 1, 1999. Should the
owners fail to do so. they shall be subject to nctions for violations of this
agreement. as well as for violations of all applicable laws, rel;Ulations and
ordinances.
7. That this agreement shall be subject to the receipt of aoproval
from the Florida Department of Transportation for all necessary permittinp;.
8. That time is of thp. essencp. in this agreement.
2
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That Plf' :1rf'vailing' nartv, in any actions taken to enforce the
provisions of this ag-rf'f'ment or for violations of this ag-reement, including- anv
appeals, shall be entitled to recf!ive reasonable attorneys' feeR and all costs
attenciant thereto.
10. That this ap-reement shall he recorded in the Public Records 0'
Palm Rench Cnunty, Florida. aR a covenant runninR' with the lanci and
applicat:lle tn the s1Jcce~~ors. 'Jf!irs and assig-ns of the subject prooertv
referred to in narag'ranh ~ abm!e. with such recording' to be at thf' ~n1p
expense and oblig-ation of the ownerR.
11. That this aveement may not be modified bv any of the partips
except upon written amendm(mt hereto, f'y.ecuted bv all parties.
IN WITNESS W'lEREOF, the parties hereto have entered into this
agreement on the date set forth above.
CITY OF DELRAY BEACH, FLORIDA
Bv:
Doak S. Campbell, Mavor
ATTEST:
City Clerk
Approved as to from:
Herbert W. A. Thiele, ERq.
City Attornev
3
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F.AGT,JO: OUTDOOR ADVF.R'!'ISI~G
B;I:
State of
Countv of
and
, respecti",p.l~,r, of
a corporation org-anized under the law" I)~ the statp. of Florida. The"
acknowledged before me that they executed th'e foreg-oing instrument as such
officers in the name and on behalf of the corporation, and that thev also
affixed thereto the official seal of the corporation.
SWORN TO AN SUBSCRIBED before me this day of
, 1989.
(SEAL)
Notary Public
My Commission Expires:
4
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PARK TEN BUSINESS i'P,PK
By:
State of
Countv 0'
I HEREBY CERTIFY that on thi~ dat., b.,'n,.., ",.,. "n o'fir''''' dul"
authorized in th~ ~tR.tp and county named nbo'l.rp tn takp n('k'"!nwlpnr.rT1'"!~nt.s.
nersonally apppsred , kaown to r:~p tn >'1{l t11f' nprson~
descJ:'ihed in and who executed the foreg-oing- instrume!lt as
and
. respectively. of
a corporation or~anized under the laws of the state of Floridll. Th.,v
acknowledg'ed before me that they executed the foreg-oing- instrument as such
officers in the nlime and on behalf of the corporation, and that th.,v also
affixed thereto the official seal of the corporation.
SWORN TO AN SUBSCRIBED beforp. me thj~ day of
. 1989.
(SEALl
Notary Public
My Commi~sion Expires:
5
l
.
[ITV DF DELARY BER[H
CITY ATTORNEY'S OFFICE
.Tune ~3, 1 qRD
3105.1 I." STRUT, SUiTf 4 l)LLR,\Y BI'ACH,ILORJl)A JJ4RJ
407124J-7n90 TFLECOI'IFR 407/27R4755
Florida Depart"">nt of Tran~portRtion
Permits Denartment
780 S. ~V. 24th Street
Ft. Laudp.rdRle, FL 33315
Subject: Per!nission to Construct a Rillhoarri Owned by Eag-le Outdoor
Advertising- Within thE' City of nplray Beach
To Whom it May Concern:
Please bp. advised that the City Commission of the City of Delray Beach at
their meeting of March 28, 1989 authorized the waiver of any applicable Citv
ordinances which would prohibit the construction of a billboard to be located
on the Park Ten property and owned by Eagle Outdoor Advertisinp:. This
permission was subject to certain conditions, includin~ the removal of the
existing billboard and receipt of permit from the Florida Department of
Transportation on this subject.
Sincerely,
Walter O. Barrv, City Manager
WaR Imkl
cc City Commission
Herbert W.A. Thiele, City Attorney
l
.
The City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach, Florida. The public hearing was closed.
Ms. Horenburger moved for the adoption of Ordinance No. 21-89
on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger _
Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes.
Said motion passed with a 5 to 0 vote.
II. Re1uest for Waiver of Sign Code. The Commission is to consider
awaiver 0 Section 162.035(G)(3) and 162.035(F)(3l (a) to permit an
existing billboard to be moved. Prior to consideration a public hearing
has been scheduled to be held at this time.
The City Attorney advised the Conunission, at their workshop
meeting, gave staff direction that they would be willing to consider the
issue and it has been advertised for a public hearing on the waiver. If
the Commission approves this tonight it would give direction to staff to
enter into a contract with the property owner, and the sign company, who
would then be permitted to move the sign 65 feet to the west and c~ange
the base. This would also have to be subject to DOT approval as they
are in the area of a Federally aided highway. Because they are within
that area, the applicants have to pay for the privilege. Therefore; the
contract would state that they would be permitted to move their bill-
board 65 feet to the west, they would change the pedestal upon which it
rests, they would landscape around it, that 10 years from September 1,
1989, the billboard would have to be disassembled at no cost to the City
and that the advertising company would be willing to pay to the City,
over a 10 year period, $45,000 ($4,500 per yearl towards City beautifi-
cation projects along the area of Lowson Boulevard.
A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida. The public hearing was closed.
Ms. Brainerd moved to approve the waiver and the agreement as
outlined by the City Attorney, seconded by Mr. Weatherspoon. Upon roll
call the Commission voted as follows: Ms. Brainerd Yes; Ms.
Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor
Campbell - Yes. Said motion passed with a 5 to 0 vote.
12. Re uest for
a-waiver 0 Sectlon
existing roof signs
Serve, Love's Drugs,
a public hearing has
Waiver of Si n Code. The Conunission is to consider
162.070, "0 Prem1ses Signs; Exceptions" to allow
to remain at Carteret Savings Bank, Doc's Soft
Sail Inn and Paradise Club. Prior to consideration
been scheduled to be held at this time.
Jack Kellerman stated he is totally opposed to this and be-
lieves that if they give them permission there should be a time limit
and the City should get some kind of fee.
Dick Eckerle advised this
Appearance Board, these signs were
purpose and a lot of them are in the
was discussed by the Community
selected to be considered for this
Historic District.
Alice Finst, Nostalgic Sign Committee, advised all the signs
(approximately 200) which were given the 10 year waiver and were non-
conforming were reviewed. There were many, that because of setbacks,
could be moved without changing the sign. The ones which were finally
brought before the Commission were felt to give certain character to the
City.
The public hearing was closed.
Mr. Weatherspoon moved to approve the waiver for Carteret
Savings Bank, seconded by Ms. Horenburger. upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes1 Ms. Horenburger - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
-6-
3/28/89
.
MEMORANDUM
TO:
Walter O. Barry, City Manager
FROM:
~obert A. Barcinski, Asst. City ManagerlCommunity Services
July 5, 1989
DATE:
SUBJECT: Documentation City Commission Meeting
General Engineering Services Contract
July II, 1989
Action
City Commission is requested to ratify the General Engineering Services
Contract between the S.C.R.W.T.D. Board and Camp, Dresser and McKee,
dated November 5, 1987, with funding to come from account
#441-5142-536-33.11 - Water and Sewer Operating Fund (Sewer Treatment).
Background
The agreement for Engineering Services was presented to the S.C.R.W.T.D.
Board on November 5, 1987. This agreement was ratified by the
S.C.R.W.T.D.B., but was not presented to the City of Delray Beach
Commission at that time for ratification. A search of minutes and
meetings subsequent to that date does not indicate ratification.
A copy of the agreement is attached for your review.
Formal ratification by Commission will provide authorization to make
payments to the Engineering firm. This is an open-ended agreement with
estimated yearly costs of between $30,000 - $50,000.
Recommendation
Staff recommends ratification by the City
for General Engineering Services with
presented in its original form on November
Commission of
Camp, Dresser
5, 1987.
the
and
Agreement
McKee, as
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NO'll8l11ber......:"""lh-T:,:,ht~:.ti'a SOlJTH ~HTUL nCIOItAL'llASTEIlATn
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TIEATHEHT AND.DISPOSAL 10AlD .a .Itity cee.t.d pue.u.nt to
Florida St.tut.. S.ctioa 163.01, heeeia.fter eeferred to a. the
"BOARD," .ad CAHP ~IESSER , ~C~EE, IHC.~ h.e.in.ftee e.f.ee.d to
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WIT N E SSE T H:
WHEREAS, the BOAID i. d..iro,. o'f retainia, ENClIlEER to
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provid.. profe..ioa.l enliaeeeial .ervic.. oa an .. needed b.~i.
by the 10ARD; aad
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..eChod of p.rment to the ENCINEER foe .'Ich ..evic..; and
WHEREAS, the p.rcie. .ee de.ieou. of peovidiac vitbia the
ter... of this Acr.e..at the flexibility foe .dditioaal .p.cific
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project. to be uadertakea by the ENCINEEI at the directioa of the
BOARD.
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NOW, THEREFORE, ill con.id.ratioa of the .utual Coven.nt.
". aad pro.i... '''.r.'ia coiltAia.d the pau'i.. h.r.by acr.. a.
follov. :
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1. Th. '.cop. of vork'i. foe C...ral Coa.ultiaC Seevic.
'.ad 'oth.r .ncia..r'iac'.ee"ic~. vhic.h ...ddre~. '.Ilcheeriac proj.c't.
.. they pr...at th....l".. duriac the .Ir....at p.riod. .
The BOARD aat i~ipate. th.t tile, .ay. b. ill a..d 0 f
... i. taac. ia .ev.ral' project. dllTillC th. t.r. of thi. ACr....llt.
includhl but. aoC U_ite", to:
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D. Oceaa o~tfall di.cb~rle e~al~.tion aa. .odifi-
o cation
E. Toxicity and bio...ay t..ti.l.
At t b i. p'o in tan. ti. e, t b. 1.., el 0 f v 0 r Ir. e f for t 0 Q
.ny and all of the ref.r.nce proj.cta baa Qot beeQ deter.iQed.
No ...~raQce i. li.,.~ that .ny of tho peoject. ~ill .aterialize
d~rinl the t.r. of' thi. Alr.....t ... tb.t 10A~D .pecifically
r...rve. the rilht to avar. a.y or .11 of ..id proj.ct. to other
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enlineerial fir.. pur.~.at to the Flori.. St.tut.. Coaa~ltant.
Co.petitiv. N.lotiatioa. Aet ... .pplic.bl. proc~re~~at
r..ol~tio.a of the IOARD.
Th. Enli...r ah.ll b.ve aaeb .t.ff .tte.. all r.l~lar
..d .peci.l lo.rd'. ..etinl' .. the loard'. Exee~tive Director
.hall req~e.t be pr..eat.
2. The ter. of thi. Alre....t .h.ll be for. period of
three year. fro.th. date of.x.e~tio.. Th. IOA~D ieserve. the
rilht to r.n.v thia Alr....at o. aa aQa~.l ba.i. thereafter, by
providinl ENGINEER vith vritten notic. of 10A~D'. election to do
.0. prior-to the expiratio. of the then_c~rrent term.
Notvith.t.ndi.1 ch. for.loi.l. .itber p.rty ..y cancel thi.
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Alr....nt ~po.' tbirty(30)d.y.'.-..",a'.e. vrict... aotic..
3. Th. EKCIKEE& .h.ll b. ...... to b. the "EnliQ..r of
~eeord" for the 101.&0 <l~ri.1 cb.. t.e. 'of thit Alr....nt ..d the
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Exec~tiv. Oir.ctor of the 101.&0 i. ...ila.t.. .. the 101.&0'.
liailon vith the ENGINEER.
Th. EKGtKEE~ d..iIQate. Donald
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ENCINEER .hall be a. follov.:
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The 10ARD acree. to pay the ENCIHEEl for .11 service.
on a direct .alary co.t tiae. the aulti,lier bali. .. follov.:
A. The 10AlD .hall pay the ENGINEER coapem.ation io
a n no u n t e 'I u a 1 to a 1.1 drr.:~5$~~!.;t!~'~~~!.~;;.c~:rf!:!fil",y~:!,.., ria H(
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~~~~~!,t'~~c. . telephone .ad .other' Ii i.iln cltarc.. - 1
IS. For.. .acb-"vol"lI-, ... i Clt... t-,'~o tller-.th'alr""g e n'e'l" a1-
o:..oa..u.l,ull&-_ .ervic:e',,.a budcct co.c c:ei.liQI-V,ill.be ..tablish.d.. by
cb....p..rri..,. . Co.pea.acion co tbe EMCnEEl .b.ll "at exc:eeel the
buelC.t co.t c.iliaC for tK. vorlr. a..ila.ent vitbout prior
authorfxation fro. the 10ARD by vrittem ..eneleent to the work
...iSa...llt..- .
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C. ..y..nt .hall b. aomtbl., in .ccorelanc:e vith
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for ae tual ch.rc.. -iaeurr.d ..dactb., pc.ec:..e1.ia.I- aoath.
s. The p.rti.. h.r.by ICr.. to a.coti.t. .pecific CI'.
by c... .dd.nd. to this ACr.....t to provide tb. .cope of
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.p.cific: .ervice. for individarl ,roj.cts the EKGIHEEl i.
e1irecteel to p.rfo.:a by the IOA1D. ' Such .p.cific project. .h.ll
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. l~.p I~. ..thod, co.t plu. f~~.J fee ..thod, or I.lary COlt
ti.e. .~ltiplier .ethod.
6. All dr.villC', .at.ri.l., r.pore. .ad other .edia
developed by the ENGINEER, pur.~allt to thia Alreeaeat, Iball
becoae tbe ,ole alld 'exc l~. ive property of the 1I0ARD alld the
ENGINEER aball deliver a.ae to the IOA1D, ia . tiaely .allner,
~poa vritt.. requeat by the 1I0ARD for .....
All docuaellt.
i.cludi.C dr.vinca .nd apecific.tloGa prep.red or f~rai.bed by
ENGINEER (.Gd ENGINEER'. illdepelldellt prof..sioa.l .s.oci.te.,
.
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.ubcontr.ctor. .ad cOll.ult.nta), purs.aat to this Alreeaeat ;are
ia.tru.eats of aervice ia r.apect of the Project .lldENGINEER
sb.ll ret.ill .ll ovaership .Gd property iatereat thereia wbetber
or 1I0t tbe Project ia co.pleted.
The 1I0ARD a.y a.ke and retain
copies for iafor.atioll and reference ia cOllllectioa witb tbe u.e
and occup.llcy of the proj.ct by the 10ARD .lId other.; bowever,
auch docuaeata .re 1I0t iatentled or represeated to be,suitable for
reu.e by the 1I0ARD or othera o. exteasioll. of the Project or Oa
any othe~~oject.
Aay reuae without writtea verification or
.d.pt.tion' by ENGtlllll for the apecific purpo.. illteaded will be
.t the 10AI.D'a aole rhlc .ntl without U.bilt'ty or 1.1.1 expoaure
to the EIICIIlEEI., or to tlletllEll'a iad.peadeat profesaioa.l
.saoci.t.a, .ubcoatractor. or co...lt.llt., a.d the 10AID ah.ll
i.de.aify ..d hold b.r.le.. EII~!.III,.lld EIICIMEEI'. i.d.p.ndeat
prof.asioa.l .s.oci.t.., subcontr.ctors .lId coa.u~t.ats fro. .11
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.ri.i.~ ouc:of.or r..u1tial ther.fro..
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adaptado," :~ill' .ileltte
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b.,acreed upon by the BOAaD aad
A.7 .uch .erificatioa or
EMC1MEE& to furtber
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ENCO,UUR.
cospealation ratel to
7. At all tillel duriac tile tera of tllil Acreellellt, the
.
EIIC111EEI Ihall carry, alld provide e.idlace of lucll to the BOARD,
Professional ~iability Ialurance vith liaits ill the ..ouot of Ilot
. .
lei I thaa $2,000,000.00 iadividual occurreace, $2,OOO,OOO!00
accrecate 10.1. Th. !NCIN!!a Ih.ll pro.ide the BOAID vith such
docuseatatioa a. tile BOARD .h.l1 re,.ire vith re.pect to luch
i'l'l.ura1lce.
.
SOUTa CUTIAL Il!C10lCAL VASTE- -,
WATER TREATMENT , DISPOSAL BOAID
B-;: .~t ~.-k..
i11ll.m of the Board,
Nick Cassandra
CAMP DRESSER , Kc~EE, 111C.
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[ITV DF DELAAY BER[H
FIRE OEPARTMENT
M E M 0 RAN DUM
KERRY'3 KOEN
.,r _'..'
TO:
FROM:
DATE:
SUBJECT:
WALTER O. BARRY, CITY MANAGER
KERRY B. KOEN, FIRE CHIEF
JUNE 22, 1989
RENEWAL OF CONTRACT - DEPARTMENTAL MEDICAL DIRECTOR
The attached contract renews the agreement with Dr. Joseph R.
Yates, M.D. to serve as the Departmental Medical Director until
September 30, 1990. Dr. Yates has performed in this capacity for
approximately one year and his services have been satisfactory,
Accordingly, we wish to renew the contract. Some minor
adjustments have been included as to administrative elements
including:
1. A clarification that the Medical Director is an
independent contractor.
2. Additional duties related to advice provided to the
department on tracking personnel exposed to hazardous
materials andlor infectious diseases.
3. An increase of $500 allocated
Director for travel and training
responsibilities a Medical Director.
for use
expenses
by the Medical
related to his
4, An adjustment in the term of the agreement to coincide
with the City's fiscal year.
This agreement has been reviewed by Dr. Yates and the terms
and conditions are acceptable to him. Further, this document has
been reviewed by Lee Graham, Director of Risk Management and Herb
Thiele, City Attorney. Their comments are attached. Therefore, I
recommend submissio~ to the City Commission for their review and
action.
\(~ \h, Vde---
Kerry B. Koen
Fire Chief
KBK/mmh
Attachments: 3
cc: Mr. Thiele
Mr. Graham
Mr. Elliot
.
-':=~'__H ;:-:_O~:C'..4 32..1..1":' . :-
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.
MDaWalOI
Date: June 9, 1989
To: Kerry B. Koen
From: Lee R. Graham, Risk Management Director
Subject: a-al of c-tract with Dr. Joseph R. Yates
I have reviewed the revised contract for the City's Medical Director,
Dr. Joseph Yates, and find it to be acceptable from a risk management
point of view. The new language establishes that he is to be an
independent contractor rather than an employee. This is an improvement
over the old contract which was somewhat vague on the issue.
The infectious disease subject is also adequately addressed in the new
contract.
We look forward to the continued cooperation between Dr. Yates and the
Fire_~::~s E.M.T./Paramedic operation.
LRG/mca
cc: Herbert W.A. Thiele, City Attorney
John W. Elliott, Jr., Asst. City Hgr./Hgmt. Srvcs.
r- '-',.-
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'II~ 1 ~ 1989
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[ITV DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
-"'!I{li r ,-;: i :l/il'\~ i:1 \(IL1!()RI/)\3q~_\
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MEMORANDUM
,- "
.. .
Date:
June 21, 1989
'1IIl 7. 5 J98S
To:
Chief Kerry Koen, Fire Department
;~~,itJU",Y BtAl,.;rl
FtAE', O~PT.
From: Herbert W.A. Thiele, City Attorney
Subject: Review of Proposed Renewal of Contract for
Dr. Joseph Yates
This memorandum is in response to your request by memorandum
date June 5, 1989 for a review of a proposed contract ending
September 30, 1990 between the City and Dr. Joseph R. Yates as
Medical Director.
After review of this 3greement in comparison to prior
agreements, this proposal meets with our approval as to form
and sufficiency. Although, "employed by" is still used in the
second whereas clause, it is our position that the phrase "as
an independent contractor" which has been inserted thereafter
will help serve to indicate that this is only an independent
contractual relationship, and that Dr. Yates is in no fashion
to be considered as an employee of the City.
The amount of compensation set forth in paragraph VII and VIII
are policy consideration for the City Administration and City
Commission.
We would request that this agreement then be scheduled by your
office for an upcoming City Commission meeting for their
consideration and potential approval.
c5T'
HT:kl
cc: Walter O. Barry, City Manager
Lee Graham, Risk Management Director
l
~
.
AGREEMENT
THIS AGREEMENT made and entered into as of the date'last
written below, by and between the City of Delray Beach, a Florida
municipality, located in Palm Beach County (hereinafter, referred
to as "CITY") and JOSEPH R. YATES, M.D., a Florida licensed
physician (hereinafter referred to as "MEDICAL DIRECTOR").
WHEREAS, the CITY desires to employ a MEDICAL DIRECTOR for
the advanced life support services provided by the Fire and
Emergency Medical Services Department of the City; and,
WHEREAS, the MEDICAL DIRECTOR desires to be employed by
the CITY as an independent contractor to supervise and accept
responsibility for the medical performance of Emergency Medical
Technicians (EMT's) and Paramedics functioning for the Emergency
Medical Services system of the Fire and Emergency Medical
Services Department of the CITY, under the provisions of Chapter
401, Florida Statutes.
NOW THEREFORE, in consideration of the mutual promises and
benefits as set forth herein, the CITY and the MEDICAL DIRECTOR
agree as follows:
I. The MEDICAL DIRECTOR agrees to both directly and
indirectly supervise and accept responsibility for the medical
performance of Emergency Medical Technicians and Paramedics
functioning for the Emergency Medical Services System of the Fire
and Emergency Medical Services Department of the CITY. Such
supervision shall be accomplished by, though not limited to:
a. Actual accompaniment of Paramedics on rescue
calls,
b. Monitoring of radio transmissions to emergency
facilities,
c. Review of rescue run documents, and
d. Conference and/or meetings in both individual and
group situations.
These duties will be performed periodically by the Medical
Director at his/her convenience as often as is necessary to
insure that proper medical standards and procedures are being
followed. The MEDICAL DIRECTOR shall provide the Fire Chief
written reports at least quarterly regarding efficiency and
effectiveness and general performance of the Emergency Medical
Services System.
II. The MEDICAL DIRECTOR shall be responsible directly
to the Fire Chief of the CITY; provided, however, that nothing
herein shall in any way authorize any limitation or restrictions
by the CITY or the Fire Chief on the professional acts and advice
of the MEDICAL DIRECTOR. It is recognized that the MEDICAL
DIRECTOR is otherwise fully employed as a practicing physician,
and nothing herein shall limit or otherwise restrict the MEDICAL
DIRECTOR's right to continue such employment and practice,
consistent with this agreement.
III. The MEDICAL DIRECTOR shall perform all services
required of him pursuant to Chapter 401, Florida Statutes, and
the applicable rules of any governmental agency implementing said
Chapter or other established duties required to be performed by
said MEDICAL DIRECTOR, or upon notice from the CITY that such
additional duties have been established by the Florida Department
of Health and Rehabilitative Services.
IV. The MEDICAL DIRECTOR shall be directly responsible
for the medical performance of Emergency Medical Technicians and
Paramedics functioning for the Fire and Emergency Medical
Services Department of the CITY and shall have full authority to
direct and supervise their medical activities. The MEDICAL
DIRECTOR shall give necessary instructions to and interview and
consult with EMT's and Paramedics and supervise and arrange such
in-service instructional sessions, or promulgate such rules and
directives, as may be necessary to assure that all medical
services performed by EMT's and Paramedics are in accordance with
proper medical standards and procedures. In addition, tae
MEDICAL DIRECTOR shall participate in quarterly general paramedic
staff meetings at a time and date mutually agreeable with the
MEDICAL DIRECTOR and the Fire and Emergency Medical Services
Department; provide at least four hours of didactic lecture
material each quarter; review and comment on content and emphasis
on all elements of in-service training and testing procedures;
and shall initiate a review of all protocols at least every six
months to determine their applicability and appropriateness with
respect to currently accepted emergency procedures. Recommended
revisions of said protocols shall be furnished to the Fire Chief.
V. The MEDICAL DIRECTOR will:
a. Assure the continuous availability of at least
one responsible physician, and determine the qualifications
necessary for a physician to provide responsible supervision of
the Paramedics and EMT's. In addition, the MEDICAL DIRECTOR will
notify the Delray Beach Fire and Emergency Medical Services
Department whenever he/she will be unavailable for whatever
reason, and will attempt to provide 24 hour prior notification of
such unavailability except under emergency circumstances. Such
notification shall be given to the Office of the Fire Chief.
b. PFovide liaison services as required and
requested between the Fire and Emergency Medical Services
Department of the CITY and other departments, divisions, boards
and bodies of the CITY, any educational, governmental, or medical
agency or institution relating to the provision of Emergency
Medical Services.
c. Retain the ultimate authority to permit or deny
any Paramedic or EMT the utilization of advanced life support
techniques, basic life support, patient assessment, or patient
stabilization procedures. Upon request, the MEDICAL DIRECTOR
shall advise the Fire Chief on disciplinary recommendations
related to medical care.
d. Upon request, participate in the design and
structure of selection procedures for entry level personnel.
e. Upon request, consult with the Fire Chief
regarding promotional testing criteria for incumbent personnel,
f. Upon request,
appropriate manner in which to
advise
address
the department on
incidents in which
an
an
2
employee of the Fire and Emergency Services Department, has been,
or may have been, exposed to infectious diseases or hazardous
materials.
g. Upon request, maintain data regarding the
status of employees who have been, or may have been, exposed to
infectious diseases or hazardous materials.
VI. Because the MEDICAL DIRECTOR may be subjecting
himself to the risk of certain liabilities by entering into this
agreement, the CITY will obtain and pay the annual premium on a
medical malpractice insurance policy insuring the MEDICAL
DIRECTOR against liability arising out of negligent acts or
omissions of the MEDICAL DIRECTOR in the performance of his
duties as MEDICAL DIRECTOR during the term of this Agreement. If
this insurance policy provides coverage on a "claims made" basis,
the CITY shall continue to provide and pay the premium on this
policy for a coverage period ending not less than four (4) years
following termination of employment of the MEDICAL DIRECTOR. The
provisions of this paragraph shall survive termination of this
Agreement, regardless of whether termination is by the MEDICAL
DIRECTOR or by the CITY, or by expiration of the term of this
Agreement, until four (4) years after termination.
VII. The MEDICAL DIRECTOR shall be paid the sum of One
Thousand Five Hundred Dollars ($1,500.00) per month, for each
calendar month during the term of this Agreement including the
month of June, 1989; provided, that if the annual budget as
adopted by the City Council of Delray Beach for any fiscal year
of the CITY fails to provide sufficient funds to pay the MEDICAL
DIRECTOR as provided herein, this Agreement shall be deemed
terminated immediately upon the adoption of the budget, without
further notice or action by either party. Payment by the CITY
shall be to whomever the MEDICAL DIRECTOR designates in writing.
VIII. In addition to the compensation as set forth in
Section VII, the CITY shall reimburse the MEDICAL DIRECTOR for
registration fees, travel, hotel and meals to permit the MEDICAL
DIRECTOR to attend professional conferences pertaining to
Emergency Medical Services in each fiscal year; provided,
however, that such expenses to the CITY shall not exceed Two
Thousand Dollars ($2,000.00) in any fiscal year, and provided
further that such funds are provided for in the annual budget of
the CITY in any fiscal year during the term of this Agreement.
Selection of any such professional conferences shall be at the
sole discretion of the MEDICAL DIRECTOR, however CITY travel
policy guidelines shall apply to expense categories.
IX. For the purposes of this Agreement, the MEDICAL
DIRECTOR shall be directly responsible to the Chief of the Fire
and Emergency Medical Services Department of the CITY. The Fire
and Emergency Medical Services Department will provide
administrative and secretarial support to the MEDICAL DIRECTOR
through the office of the Fire Chief.
X. The Fire and Emergency Medical
Department, through the office of the Fire Chief, shall
to the greatest possible extent in the delivery of
emergency medical care, including implementation of the
established by the MEDICAL DIRECTOR.
Services
cooperate
competent
policies
3
XI. The MEDICAL DIRECTOR shall be a Florida State
licensed physician who is also:
(a) ACLS (Advanced Cardiac Life Support) provider
certified, instructor certified, an ACLS affiliate
faculty member (Amercian Heart Association; or
(b)
A Board-Certified Emergency Physician, or
been previously employed or is currently
as an E.R. Physician; and
who has
employed
(c)
Maintains
following
Hospital,
Community
affiliation with one or more of the
medical facilities: Bethesda Memorial
Delray Community Hospital, Boca Raton
Hospital, or John F. Kennedy Hospital,
A copy of all required licenses and certifications shall be
furnished to the Office of the Fire Chief,
XII. The term of this Agreement shall be from the
date herein through September 30, 1990, unless sooner terminated,
This Agreement may be terminated by either the CITY or the
MEDICAL DIRECTOR upon not less than thirty (30) days written
notice to the other party. This Agreement may be amended from
time to time, but only in writing in a form similar to this
Agreement.
In WITNESS WHEREOF, the parties have
Agreement on the day of
City of Delray Beach, Florida.
executed this
,1989, in the
ATTEST:
CITY OF DEL RAY BEACH, FLORIDA
City Clerk
MAYOR
WITNESSES:
As to
MEDICAL DIRECTOR
Approved as to form:
City Attorney
,19_
Notary Public
My Commission Expires:
4
.
MEMORANDUM
TO:
Walter O. Barry, City Manager
FROM:
~obert A. Barcinski, Asst. City Manager/Community Services
July 5, 1989
DATE:
SUBJECT: Documentation City Commission Meeting
Provision of Golf Course Easements
July 11, 1989
Action
City Commission is requested to grant utility easements to Florida Power
and Light Company for maintenance of electrical utility facilities at the
Municipal Golf Course.
Backilround
The development of wellfield sites at the Delray Beach Golf Course
property necessitated installation of primary power lines to feed
transformers which provide power to the wellfield pumps. These easements
allow FP&L access in the event of a service failure to repair power feed
lines.
Recommendation
Staff recommends that the easements be granted to FP&L to allow access to
repair the system when service interruption occurs. This wellfield is
critical to the future needs of the City.
RABlsfd
ll::
;-~ ~..
'.
RWO/SIO/TWO/ER
.
Sec,.laill, Twp 46
S, Rge 43
E
EASEMENT
Form 3722 (Stoek.d) Rev. 2/86
The undersigned, in consideration of the payment of $1.00 and other good and valuable considera.
tion, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power &
Light Company, its licensees, agents, successors, and assigns, an easement forever for the construc-
tion, operation and maintenance of overhead and underground electric utility facilities (inclUding
wires, poles, guys, cables, conduits and appurtenant equipmentl to be installed from time to time;
with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and
remove such facilities or any of them within an easement-1!l.feet in width described as follows;
~ parcel of land 10 feet in width, in Sections 18 and 19, Township 46 South,
Range 43 East, City of Delray Beach, Palm Beach County, Florida; lying 5.00
feet each side of the following described centerline:
COmmencing at the South Quarter Corner of Section 18;
thence North 57055'50" West (bearings shown hereon are based on
the Palm Beach County Sectional Breakdown) a distance of 518.20
feet to the POINT OF BEGINNING:
Thence South 00037' 55" East a distance of 223.50 feet;
thence South 03026'06" East a distance of 399.82 feet;
thence South 85020'47" East a distance of 182.59 feet;
thence South 85050'34" East a distance of 279.90 feet;
thence South 68017'30" East a distance of 108.99 feet;
thence South 47051'47" East a distance of 48.25 feet;
thence South 18002'25" East a distance of 41.62 feet;
thence South 01007'03" East a distance of 186.04 feet;
thence South 10039'17'' East a distance of 173.56 feet;
thence South 73011 '15" East a distance of 94.81 feet;
Together with the right to permit any other person, firm or corporation to attach wires to any
facilities hereunder and lay cable and conduit within the easement and to operate the same for
communications purposes; the right of ingress and egress to said premises at all times; the right
to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the
easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous
trees or limbs outside of the easement area which might interfere with or fall upon the lines or
systems of communications or power transmission or distribution; and further grants, to the full-
est extent the undersigned has the power to grant, if at all, the rights hereinabove granted on
the land heretofore described, over, along, under and across the roads, streets or highways ad-
jOining or through said property,
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on
,19_,
Signed, sealed and delivered
in the presence of:
By:
Presiden t
Attest:
Secretary
(Corp. Seal)
STATE OF
AND COUNTY OF
The foregOing instrument was aCknowledged before me this
. day of
,19_.
by
and
respectively the
President and
Secretary of
,a
corporation. on behalf of said corporation,
My Commission Expires:
Notary Public, State of
. .
thence North 69017'40'' East a distance of 119.93 feet:
thence South 05057'29" East a distance of 288.80 feet;
thence South 89021'52" East a distance of 269.61 feet:
thence North 52020'25" East a distance of 91.34 feet:
thence South 25032'30" East a distance of 248.58 feet:
thence South 15026' 43" West a distance of 282.50 feet to the
POINT OF ENDING.
The sidelines of said 10 feet wide easement are to be extended or
shortened to meet at angle points.
Said lands situate, lying and being in Palm Beach County, Florida:
and is subject to easements, restrictions, reservations, covenants
and rights-of-way of record.
. .
RWO/SIO/TWO/ER
Sec..l..2...- ,Twp 4 (, S, Rge 4'l E
EASEMENT
Form 3722 (Stocked) Rev, 2/16
The undersigned, in consideration of the payment of S 1.00 and other good and valuable considera-
tion, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power &
Light Company, its licensees, agents, successors, and assigns, an easement forever for the construc-
tion, operation and maintenance of overhead and underground electric utility facilities (including
wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time;
with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and
remove such facilities or any of them within an easement.l!l.-feet in width described as follows:
~ parcel of land 10 feet in width, in Section 19, Township 46 South,
Range 43 East, City of Delray Beach, Palm Beach County, Florida; lying
5.00 feet each side of the following described centerline:
Commencing at the Southwest corner of Lot 1, Block 2, Golf Park,
according to the Plat thereof, as recorded in Plat Book 26, page
141 of the Public Records of Palm Beach County, Florida.
thence South 05055'06" East (bearings shown hereon are based on
the Palm Beach County Sectional Breakdown) a distance of 74.70 feet
to the POINT OF BEGINNING:
Thence North 46005'38" West a
thence North 70004'20" West a
thence North 80030'41" West a
thence South 88029'04" West a
thence North 08052'55" West a
OF ENDING.
distance
dis tance
distance
distance
distance
of 26.84 feet;
of 29.90 feet;
of 32.75 feet;
of 395.56 .feet;
of 41. 75 feet to
the POINT
The sidelines of said 10 feet wide easement are to be extended or
shortened to meet at angle points.
Together with the right to permit any other person, firm or corporation to attach wires to any
facilities hereunder and lay cable and conduit within the easement and to operate the same for
communications purposes; the right of ingress and egress to said premises at all times; the right
to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the
easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous
trees or limbs outside of the easement area which might interfere with or fall upon the lines or
systems of communications or power transmission or distribution; and further grants, to the full-
est extent the undersigned has the power to grant, if at all, the rights hereinabove granted on
the land heretofore described, over, along, under and across the roads, streets or highways ad-
joining or through said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on
,19_.
Signed, sealed and delivered
in the presence of:
By:
Presiden t
Attest:
Secretary
(Corp. Seal)
STATE OF
AND COUNTY OF
The foregoing instrument was acknowledged before me this
day of
,19_,
by
and
respectively the
President and
Secretary of
corporation, on behalf of said corporation.
, a
My Commission Expires:
Notary Public, State of
.
Said lands situate, lying and being in Palm Beach County, Florida;
and is subject to easements, restrictions, reservations, covenants
and rights-of-way of record.
,
$f' SURVEY
SOUTH,
INCOIU>QRATED
101 S.E. 6th ^"'nue, Suite E
Del!"")' Il<:.ch, Florid. 33444
" (30~) 276.7341
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Ir 399.82'
\ \
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--
SeCTION /8
SEC.TlON 1<] -
"
:1,.rL"N'fIC"~~
-r '01 fJ
. '.:)?,t.'otlO i
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UI F):
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t
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tnr ATION ~l.ln~... ~ ._
N"
SOUTH QUA~TER CORNER
'-"" (' SEC.. la-~(,.4-3
- ~P.O.C
S 85'50'34. E
279.90'
-
-
-
-
--
-~ :::: == ~~
i
S 47'51'4r E
48.25'
~
~
~
S 18'02'25. E ..r",\
41.62' ,.... I
S 6877'30. E
108.99'
CERTIFICATION
This i. to certi1y thAt th~ AttAched ~eOAI Oe.cription And GrAphic
Oepiction of the herein de.cribed property is true and correct to the
best 01 my knowledoe And belie1 A. delineated under my directionl and
that ..id sketch .nd description conform to the Minimum Tuchnicnl
Standards Adopted by the Florida 9bard of Prof...ional Land Surveyors
in Chaptar 21~ Florida Administrative Code pursuant to Section
472.027 Florid StAtutes.
Manuel A.
Fla. Reo.
P.L.S.
GRAPHIC SCALE
100 0
~
100
I
200
I
( IN FEET )
1 Inch - 100 ft.
II
S 01'07'03. E II
186.04' II
~~
\\
S 10'.J9'1r E \\
. 173.56'
\\
400
~
MA TCH
UNE
SHEET 1 OF:J
8'1+4 t:.-7-l!J9
N 52'20'25. E ~
91.34' 0\;-\
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S 25'32'30. E /.,
248.58' --"" \,
~
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hi
hi
S 15'26'43.,W '/
282.50' --Ii
II
!,I
hi
.
S 10'39'1 r E
173.56'
S 7371'15. E
94.81' ::m
~ ~~1
-:::::::::--,...-=::~ \
MA TCH --=- \
LINE \ .,
N 6977'40. E \
119.93' \ S 05'57'29. E
\~288.80'
\ \
\ \
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uk
4i SURVEY
~OUTH,
INCORI'ORMED
101 S,E. 61h ^'.:n\le. Suite E
Dcll':I)'llc.ch. Florid. 33444
(305) 27(i.7341
S 89'21'5r E
269.61'1_
--
DESCRIPTION
UTILITY EASEMENT
A parcel of ' land 10 feet in width, in Sections 18 and 19, Township
46 South, Range'43 East, City of Delray Beach, Palm Beach County,
Florida; lying 5.00 feet each side of the following described
centerline: . .
COMMENCING at the south Quarter Corner of Section 18:
thence North 57" 55' 50" Rest (bearings shown hereon are based on
the Palm Beach County Sectional Breakdown) a distance of 518.20
feet to the POINT OF BEGINNING:
thence South 00' 37' 55" East a distance of 223.50 feet:
thence South 03' 26' 06" East a distance of 399,82 feet:
thence South 85' 20' 47" East a distance of 182,59 feet:
thence South 85' 50' 34" East a distance of 279,90 feet:
thence South 68" 17' 30" East a distance of 108,99 feet:
thence South 47' 51' 4,7" East a distance of 48,25 feet:
thence South 18' 02' 25" East a distance of 41.62 feet:
thence South 01' 07' 03" East a d~stance 6f 186,04 feet:
thence South 10' 39' 17" East a distance of 173,56 feet:
thence South 730 11' 15" East a distance of 94.81 feet:
thence North 69" 17' 40" East a distance of 119.93 feet;
thence south OS" 57' 29" East a distance of 288,80 feet;
thence South 89" 21' 52" East a distance of 269.61 feet;
thence North 52" 20' 25" East a distance of 91,34 feet:
thence South 25" 32' 30" East a distance of 248.58 feet:
thence South 15" 26' 43" Rest a distance of 282.50 feet to the
POINT OF ENDING.
P.O.E.
The sidelines of said 10 feet wide easement are to be extended or
shortened to meet at angle points,
Said lands situate. lying and being in Palm Beach County, Florida:
and is subject to oa~emcnts, reQtrictions, reservations, covenants
and rights-of-way of record,
GRAPHIC SCALE
100 0
~
eo
I
100
I
200
I
i
( IN FEET )
1 Inch - 100 n.
;
l
SHEET Z OF .3
89/4-+
. .
.
,
.
,
~
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..
$'SI..JJWEY
SOUTH. ,
INCOIU>\)llATED
. 101 S.E. 6th Avenue. Suite E
Del~ Il<:och. Florid. 33444
(305) 276.7341
, ,
..t ,\f.
.~' ." ~.~. ~:..1'
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,
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TN. 'o.~~'W"
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LOCArlON $KErCH
IV.T.~.
P.O.E. N 08'52'SS. W
~41.7~ _ _=_
- - - -=. ;;r - S 88'29'04. W
S. UNO 01' 1'1.10.1/+ t>P SEC. I., 39S.S6'
I
I
I S.W.(.....,..
Po Q c, II ~lA1.'
U PArt.'I..
N 80'30'41. W \1 Go
, -------.
32.7S sos'ss'o,,"E 7~.70
N 45 'OS '38. W
.--26.84'-
i
N 70'04'20. W
29.90'
P.O.a.
DESCRIPTION
UTILITY EASEMENT
A parcel of land 10 feet in width, in Section 19, Township 46
South, Range 43 East, City of Delray Beach, Palm Beach County,
Florida; lying 5,00 feet each side of the following described
centerline:
COMMENCING at the Southwest corner of Lot 1, Block 2, GOLF PARK,
according to the Plat thereof, as recorded in Plat Book 26, page
141 of the Public Records of Palm Beach County, Florida.
thence South 05. 55' 06" East (bearings shown hereon are based on
the Palm Beach County Sectional Breakdown) a distance of 74.70 feet
to the POINT OF BEGINNING;
thence North 46. OS' 38" West a distance of 26,84 feet;
thence North 70. 04' 20' West a distance of 29,90 feet;
thence North 80. 30' 41" West a distance of 32,75 feet;
thence South 88. 29' 04" West a distance of 395.56 feet;
thence North 08. 52' 55" West a distance of 41. 75 feet to the POINT
OF ENDING,
The sidelines of said 10 feet wide easement are to be extended or
shortened to meet at angle points,
Said lands situate, lying and being in Palm Beach County, Florida;
and is subject to easements, restrictions, reservations, covenants
and rights-of-way of record, .
GRAPHIC SCALE
100 0
~l - ..(
- -
ao
I
100 200
I 1
(INJUT)
1 Inch - 100 n.
-
I
SHEET 3 OF 3
89/++
COMMISSION MEMORANDUM
TO:
WALTER O. BARRY, CI~ MANAGER
-~~~
FRANK R, SPENCE, DIRECTOR, DEVELOPMENT SERVICES
FROM:
DATE: JULY 6, 1989
SUBJECT: FINGER PIER REPLACEMENT = f!!! MARINA
CHANGE ORDER # 2
-----------------------------------------------------------------
REQUESTED ACTION
Commissioners requested to approve Change Order #2 in the amount
of $11,500,00 for finger pier replacement at the City's Marina.
BACKGROUND
The additional work involved in the removal and replacement of
the five (5) dolphin piles which were found to be in need of
replacement during construction, The deteriorated condition was
not discovered until work had begun and the steel bands around
the existing piles were removed,~he City Engineer confirmed this
condition and need for replacement,
During the initial construction phase the contractor encountered
unanticipated rocky material while driving piles for the piers
which required the use of specialized punch (drive piling)
machinery not anticipated and not covered by the contract.
The amounts and cost have been reviewed and approved by the
Engineering Department, The change order has been approved by
the Parks and Recreation Department.
RECOMMENDATION
The administration and City Engineer recommend confirmation and
approval of Change Order #2 in the amount of $11,500,00 from
Account #426-4311-575-60.99.
FS:aw
A:Marina.City
11
(
(
CHANGE ORDER
No, 2
Dated '
,198_
10-07-88-0B
Project No.
Project Name:
Finger Pier Replacement - City Marina
Owner: City of Delray Beach, Florida
Contractcr: B.K. Marine Construction, Inc.
Contract Date:
January 3, 1989
To:
B,K. Marine Construction, Inc.
, Contractor
You are directed to make the following changes in the subject contract:
o
Remove and reolace 5 dolphin piles
Drive'pile through rocky material use punch machinery
o
which changes are more speCifically described in the attached amended plans, drawings, and
specifica tions,
,
The reason for, the change is as follows:
in need of replacement during construction.
Five additional dolphin piles were found
Contractor encountered
rocky material while driving pile for piers, This required punching
operation not covered by contract.
The contract price and contract time shall be adjusted because of such changes as follows:
A, Contract Price
I. Contract price prior to this change order:
$122,800.00
Page One of Two Pages
I
.
,
" CHANGE ORDER ....2-
(
(
2. Net increase resulting from this change order: $ 11,500,00
3, Current contract price including this change Order: $ 134,300.00
B. Contract Time
I. Contract time prior to this change order:
2, Net increase resulting from this change order: Nn rh;o"IJ"
3, Current contract time including this change order:
City of Dekay Beach, Florida, OWNER
By:
Attest:
City Clerk
City of Delray Beach
Approved as to form:
City Attorney
The above changes are accepted on , 19B_,
provisions of the Contract Document related to Project No.
inconsistent with the terms of this Change Order shall remain
undertaken pursuant to this Change Order.
I understand that all the
which are not
in effect and apply to all work
Witness:
, CONTRACTOR
As to Contractor
By:
Title
~
Page Two of Two Pages
l
.
CHANGE
. ORDER
.1\1.1\ DOCUMENT C701 .
(
Di'lributioft to:
OWNER 0
ARCHITECT 0
CONTRACTOR 0
fiELD 0
OTHER 0
l
PROJECT:
(Nme. ~dd"""l
FINGER
100 NW
DELRAY
TO (Conlr~CIOr):
r
B.K. MARINE CONSTRUCTION,
3500 S.W. 14TH STREET
~ERFIELD BEACH, FL 33441
PIER REPLACEMENT
1ST AVE., (DELRAY
BEACH, FL
CHANGE ORDER NUMBER: TWO (2)
MARINA)
INITIATION DATE: 05-01-89
IN:J
ARCHITECT'S PRO/ECT NO: 10-07-88-DB
CONTRACT fOR: PILES AND DOLPHINS
You ~re direcled to m~ke the following ch~nges in this Contr~ct:
--1,
CONTRACT DATE: 01-03;89
1.
Punching piles,in
~OO per hour.
I Zso. rJ'iM
Pier #3 - #10, total punch time 34 hours at
$
8,500.00
2.
Remove and
rePlace~dolPhins at $600.00
5' jW Sub-total:
each.
$ 6,6ee.60
3,000.00
$ 15,lfJO.66
II ISO 0 . C()
Not .alid unlil "snod by both the Owner and AtchileCt.
Si....ture of the ConlraClor ,ndiat.. hi. "_I herewilh, indudin, any adju.tmenl in the Con"acl Sum Ot Con"acl Time.
The ~ri&iNI (Contr~ct Sum) (Gcqranteed MAximum Cosll w~, .. . . . . . . . . . . . . . . . . . . . . . . . .. S
Net ch.nie by previously ~uthorized Ch.n.. Orders .. .. . . . . .. . .. . . . . . . .. . . . .. .. . . . . . " S
.
J The (Corllr~ct Sum) (Cu~r~nleed MAximum Cosl) prior to this ~ng. Order was .......... S
The (Contr"l Sum) (Gu~r~nleed MAximum Cost) will be (incrused) (decrused) (unchangedl
by thi, Change Order ......................................................... S
The new (Conlt~cl Sum) (Gu~r~nleed MAximum Cost) including Chi, Ch.nge Order will be ... S
The ConCr~CI Time will be (inc_sedl (deaused) (unclwlgedl by
The DiCe of Subs..nlj~1 Completion u of the diCe of this Change Order therefore is
105,000.00
17,800.00
122,800.00
15,100.00
137,900.00
(
,-
lD&ys,
DEERFTELn ~FACH_ FT, ~~441 nFT.RAY RRACH FT. ~11h4
Authorized :
CITY OF DELRAY BEACH
OWNER
lnn N w '~rr AV1<'NTTli'
Addr...
.B.K. MARINE CONSTRUCTION
CONTllACTOR , .
3.tJJ,~ Q t.r 1 I. tTtU c:!/TIOl;'lO'rrt
ARCHITECT
Addr...
BY
BY ~A'\ .f?"7 /l .
DATE
/--
BY
DATE
DATE
AlA DOCUMtHT C;711 . CHANCE OIDlI . A'lll 1ft EDITION ' AlA. . . 1971
THE IlMUtCAN INSTITUTE Of ARCHITECT$, 17JS NlIW YOU AI/I., N.W.. WASHINGTON, D.C. _
G701-1t71
I
.
[IT V DF DElRAV BEA[H
CITY ATTORNEY'S OFFICE
3105,1'. 1st STREET. SUITE 4 DELRAY BEACH. FLORIDA 33483
407/243.7090 TELECOPIER 407/2784755
~lEMORANDUM
Dilte:
July 6, 1989
::::,::-:i'::::,, A"i'tant City Atto,ney;JOL'
Contract with the Institute For Law And Justice, Inc.
for the Police Patrol Staffinq Study
To:
From:
Subject:
The lnstitute For Law And Justice, Inc., (ILJ) was the
successful bidder to our Request for Proposals for the patrol
staffing study. Within the bid specifications, there was a
requirement that ILJ carry professional liability insurance.
At the time of the bid, ILJ did not indicate that they did not
have professional liability insurance and theI:efore the con-
tracts were prepared in accordance with the bids and included
the provision that professional liability insurance be obtained
by the sUccessful bidder.
I have attached a letter from Mr. Conners of ILJ, which was
received by our office on July 5, requesting that the City
Conunission waive the requirement for self-insurance. I have
discussed this situation with Lee Graham, our Risk Management
Director, and while Mr. Conners' statement in the letter that I
do not feel it is a problem is a bit overstated, the risks to
the City that would be protected by professional liability
insurance for a study is minimal and both our office and the
City Administration would recommend that the insurance require-
ment be waived.
If you should have any questions concerning this matteI:, please
do not hesitate to' contact our office.
JSK:sh
cc: Walter O. Barry, City Manager
Lee R, Graham, Risk Management Director
Ted Glas, Purchasing Director
Chief Charles Kilgore, Delray Beach Police Department
.
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INSTITUTE FOR LAW AND JUSTICE, INC.
- -"
1018 DUKE STREET
ALEXANDRIA. VIRGINIA 22314
(703) 684-5300
June 27, 1989
Mr. Ted Glas
Purchasing Director
City of Delray Beach
100 N.W., 1st Avenue
Delray Beach, FL 33444
RE: Police Patrol Staffing Study
Dear Mr. Glas:
Enclosed please find the four executed copies of the agreement and the
certificate of insurance as requested. However, two issues must be resolved.
First, ILJ would like a progress payment of half the contract amount after 30
days. These funds are needed to cover out-of-pocket expenses such as travel and
lodging.
Second, ILJ has been self-insured on professional liability insurance since
1979. There has never been even the suggestion of a claim being filed against
any of our work. Previous clients have shown no reluctance to waive such an
insurance clause.
ILJ has two experienced in-house attorneys to handle any claims that might
arise. Additionally, the law of defamation greatly favors consultants rendering
written opinions.
Furthermore, in Clause 6 in the agreement, ILJ agrees to hold the city
harmless against all claims in connection with ILJ's work.
ILJ finds the cost of such insurance unnecessary and too costly to pass on to
our clients. We were recently given a quote of $6,500 for an annual premium.
In view of the abov~, we hope the Commission will waive this requirement. We
spoke with Jeffrey Kurtz by phone today, and he does not feel the lack of this
insurance is a problem. The ILJ staff look forward to working for the City of
Delray.
Sincerely,
~Jv~rfi~
Enclosures
EFC/ldc
Edward F. Connors, III
President
1
!
...~
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO: WALTER o. BARRY, CITY MANAGER
FROM:
--. ~.( /~ "'V"-"
~ -
FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
~
(~'t1-~j \4)~D~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND
-
VIA:
ZONING
SUBJECT: MEETING OF JULY 11, 1989
CONSIDERATION OF THE FINAL PLAT FOR LINPRO, REPLAT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a final plat for the developed site of what is
known as LINPRO.
The property is located at the northeast corner of Congress
and Lowson.
BACKGROUND:
The request is to create two parcels on this 6,52 acre site.
In April of 1987 the site plan for this property was received for
processing. After rezoning and related actions, a final plat was
approved in September, 1987. The final plat was a boundary plat.
Construction occurred in 1988. The owners desire to create two
lots with the northerly lot having one building on it and the
southerly lot having two buildings,
Since all development concerns were handled previously, the only
concerns at this time focus upon legal arrangements regarding
access and other legal matters, One is the waiver of requirements
for perimeter landscaping since the new property line runs
through a parking lot aisle.
PLANNING AND ZONING BOARD CONSIDERATION:
As a minor subdivision (creation of only two lots), the plat went
before the Board only once. This occured on June 19, 1989, at
which time the plat was approved subject to a few conditions.
Subsequently all the conditions have been met and the plat is now
ready for action by the Commission.
RECOMMENDED ACTION:
By motion, grant a waiver to 159.30 (perimeter landscaping) and
approve the final plat for LINPRQ,
Attachments:
cover sheet, June 19, 1989, P&Z Staff Report
reduction of plat
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PLANNING 8 ZONING
CITY OF OELRAY
BOARD
BEACH
MEETING ()qTE:
JUNE 19, 1989
STAFF REPORT
AGENJA ITEM:
IV. D
CONSIDERATION OF FINAL PLAT APPROVAL FOR LINPRO DELRAY COMMERCE CENTER LOCATED
ITEM: AT THE NORTHEST CORNER OF CONGRESS AVENUE AND LOWSON BOULEVARD (S. W. 10TH STREET).
EACH
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GENERAL DATA:
- Phase I
Phase II
Owner.................. ........ .;L.Jo.llonI...u
General Pu'tDer, Ui>pro Delny
C_rc. Cuter L1a1ted
Partner.hip
Aqent............................s..... .. above
Location..................... ..0...... . Northe..t COrDer of Congresa
Aven... and LclwsaD Boul.vard.
Property SI.....................6.527 Acr.. (21.,]16 Sq.tt.)
CIty Land Us. Plan...........'..I CInd...trIall
City ZonInq.....................MIC (MlX&d IDdu&trIal and
COIlIMrcial)
Adjaeent
Zoninq.................North ot the &Ubjeet property i.
.oned LI (Liqbt IDd...triall.
South i. .oned SAD (Speeial
Activiti.. District). We.t ia
.oned RM-15 (NUltIPle-Fsmily
Dwell1nq D1stictl aM SAD. To
the ea.t i. 1-95.
Existing Land u.................Mlxtur. of lDduatrlal, commercial
and. warebo1u:ln9.
PropoSed Land us................same .. above
Water service...................E.xi.t1n9 on".lte. Looped via 6"
main frcn eXisting 10" main on
Lowson Blvd. to the exiatlnq 8"
main on Conqre.. Ave.
Sewer servlce...................Exl.tlnq on-alte vl. .ervlce I1ne
exten.lon. from I" qravlty .ewer
on _..t slde of Conqr... Ave.
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RESOLUTION NO, 42-89
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THE TWELVE (12) FOOT WIDE
NORTH/SOUTH UTILITY EASEMENT LYING WITHIN
BLOCK 8, REPLAT OF DELRAY BEACH HEIGHTS
EXTENSION SECTIONS "A" & "B", AS RECORDED IN
PLAT BOOK 28, PAGE 171, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA,
WHEREAS, James G, De1k, as to an undivided one-sixth
(1/6) interest, Samuel K. Kinnaird, as to an undivided one-sixth
(1/6) interest, Manfred Franz, as to an undivided one-third (1/3)
interest, and L,H.C, Corporation, as to an undivided one-third
(1/3) interest, are the fee simple owners of Lots 1 through 14,
inclusive, Block 8, Replat of Delray Beach Heights Extension
Sections "A- & -B-, according to the Plat thereof recorded in
Plat Book 28, Page 171, Public Records of Palm Beach County,
Florida7 and,
WHEREAS, John A. Grant, Jr" as duly authorized agent
for the above-named fee simple owners, has made application for
abandonment of the twelve (12) foot wide north/south utility
easement lying wi thin Block 8, Repla t of Delray Beach Heights
Extension Sections -A- & -B-, as recorded in Plat Book 28, Page
171, of the Public Records of Palm Beach County, Florida7 and,
WHEREAS, the City Commission of the City of Delray
Beach, Florida, finds that its interest in the described property
is no longer needed for the public good and deems it to be in the
best interests of the City of Delray Beach to vacate said 12 foot
wide north/south utility easement lying within Block 8, Replat of
Delray Beach Heights Extension Sections "A- & "B-,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OP DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177, Section
177,101(5) and Chapter 166 of the Florida Statutes, it is hereby
determined to vacate and abandon all right and interest it holds
to the following described real property:
The twelve (12) foot wide north/south utility
easement lying within Block 8, REPLAT OF
DELRAY BEACH HEIGHTS EXTENSION SECTIONS "A- &
-B-, as recorded in Plat Book 28, Page 171,
of the Public Records of Palm Beach County,
Florida.
PASSED AND ADOPTED
day of
in regular
, 1989,
session on this
the
MAYOR
ATTEST:
City Clerk
~C;
C I T Y
COM MIS 5 ION
DOCUMENTATION
TO:
W~ER O. BARRY, ~TY MANAGER
..J"" ~/,-//~~
FRANK R. SPENCE, DIRECTOR
~,,~LO~MENT SERVICES GROUP
C\.. ", 1 \ .llL''cc €-:r
D ID ~~VACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT: MEETING OF JULY 11, 1989 ** CONSENT ITEM **
ABANDONMENT OF DRAINAGE EASEMENT, FDK PLAT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Conunission is that
of abandoning a drainaqe easement.
This action is associated with and precedent to the
approval of the final plat for the F.D,K. project.
BACKGROUND:
Please refer to the support materials for the F.D.K, plat
consideration which is on this same agenda, This particular item
involves the abandonment of an old easement which extends through
the block. There are no facilities in the easement. The
easement serves no purpose at this time.
PLANNING AND ZONING BOARD ACTION:
The Board did not specifically act upon this item; however, the
requirement to obtain the abandonment was a condition of approval
of the plat which the Board did approve.
RECOMMENDED ACTION:
By Resolution, abandon the City's interest in the drainage
easement.
Attachment:
Resolution provided by others
REF/DJK#46/CCFDK.TXT
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I-'~~l:, SECTION A & B
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,
C I T Y
COM MIS 5 ION
DOCUMENTATION
TO: WALTER O. BARRY, CITY MANAGER
FROM:
..---..., r
_____..., _<' /-1 ,,' ~ ,
/"_-_ ,....-r-;;r "'--'"'---
FRANK R, SPENCE, DIRECTOR
~ELOPMENT .S~R~~CES GROUP
~Cl"-LcA j \4,- eJ'1--
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
SUBJECT: MEETING OF JU,I.'{ Ii) 1989 ** CONSENT ITEM **
FINAL PLAT, F.D.K. INDUSTRIAL BLOCK
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 F.D.K.
Industrial development to be located on the block
bounded by SW 10th Street, SW 12th Avenue, SW 8th
Street, and SW 11th Avenue,
BACKGROUND:
The City Commission approved the site and development plan for
this project on July 12, 1988, While there was debate over
whether or not additional development should be allowed in this
general area, the site plan was approved, Subsequently the City
Commission provided direction to consider a rezoning which would,
convert undeveloped industrial property in the vicinity of the 20
series wellfield to residential use. Such a rezoning has not be
able to be pursued since it will first require a Plan Amendment.
Thus, the rezoning consideration will follow formal adoption of
the proposed Comprehensive Plan. Under these circumstances, the
FDK project is proceeding. The property does sit over wellfield
protection zones 2 and 3; uses are subject to the County
Wellfield Protection Ordinance; and a monitoring well is
required, A condition of approval required platting.
PLANNING AND ZONING BOARD ACTION:
At its meeting of May 15th, the Board reviewed the preliminary
plat, approved it, and certified the submission to be adequate as
a final plat. Permits and approvals from other entities have
been obtained. It is now appropriate to give final approval to
the plat.
RECOMMENDED ACTION:
By motion, approve the final plat for the FDK Industrial Block.
P&Z cover sheet
Reduction of plat
REF/DJK#43/CCFDK,TXT
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PLANNING B
CITY OF DELRAY
ZONING BOARD
BEACH
MEETING o=lTE: Mav 15, 1989
STAFF REPORT
AGE~ ITEM:
IV. C
CONSIDERATION OF FINAL PLAT APPROVAL FOR A LIGHT INDUSTRIAL DEVELOPMENT FOR
r TEN: FRANZ. DELK AND KINNAIRD ON THE NORTH SIDE OF S. Ii. 10TH STREET. BETWEEN
S.W. l~rH AV~. ~u ~.w. IJ!H AV~.
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GENERAL
DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Mant red Franz (ee a1)
Aqent............................rohn A. Grant, Jr.
. John A. Gr.ne. Jr., Inc.
Oeveloper.......................Hantred Fr.nz (ee .1)
Loc.tion........................North aide of S.W. 10th Street,
between s.w. 12th Avenue and s.w.
13 th Avenue.
Property .1.....................3.202 Acr.. (139.463 Sq. ft.)
Community Redevelopment Plan....Liqht Industri.l
C1ty Zon1nq..................... LI I L1qht Indu.trial)
Adjacent
,
zoninq.................North of the subject property is
.oned RM-15 (Mult1pl.-Fam11y
Residential). South is zoned LI.
East ia zoned RM-6 (Multiple-
Family Resid.ntial). West of the
subject property i. zoned LI and
RM-6.
Exiatinq Land Us................Property i. vacant land
Proposed Land U.e...............Four liqht industrial buildlnqs
Water
Servic....................Exi.tinq 6" water main on the
north sid.. of S.W. 10th St. and
S.W. 8th St. Also, exi.tinq 4"
water line on the east sldes of
s.w. 13th St. and s.w. 12th St.
Sewer
Servic....................Existlnq ..nitary sewer on the
west side of S.w. 12th St. and
on the south side of S.W. 10th
St.
ITEM: J5L,
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C I T Y
COMMISSION
DOCUMENTATION
TO:
WALTER O. BARRY, S'TY MANAGER
~4~~ ~~_
FRANK R. SPENCE, DIRECTOR
CJELO~MENT,SERVICES GROUP
ev:JJ 1L, vC,t'~y
D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JULY 11, 1989
CONSIDERATION OF THE FINAL PLAT FOR DELRAY TOWN CENTER
VIA:
FROM:
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for twenty acres of land known as
Delray Town Center.
The property is located at the northeast corner of Linton
and Military Trail, The westerly ten acres is the site of
the proposed Albertson's market. The easterly ten acres
contains, in part, drainage retention for the overall site.
BACKGROUND:
The property and associated projects have been the subject of
controversy over the past three years. The most recent action by
the City Commission occurred on August 23, 1988, when a site and
development plan for the westerly ten acres was approved. The
site and development plan accommodated the following:
64,000 sq,ft.+/- for a supermarket
28,000 sq,ft.+/- assorted retail
5,000 sq. ft. outparcel for a drive-thru bank
5,000 sq.ft. outparcel for a restaurant.
A condition of approval was that the entire twenty acres be
platted. In addition to restrictions and conditions imposed
through the development review process, some special conditions
pertaining to times of delivery, times of operation, and
restrictions on the sale of package liquor goods were imposed
through a court settlement.
PLANNING AND ZONING BOARD CONSIDERATION:
As a minor subdivision (creation of only two lots), the plat went
before the Board only once. This occurred on February 27, 1989,
at which time the plat was approved subject to several
conditions. Subsequently all the conditions have been met and
the plat is now ready for action by the Commission.
OTHER COMMENT:
Some of the more substantial items which have been worked out in
order to bring the plat before the Commission involve the
northern wall treatment and the drainage retention area. A wall
treatment which preserves the existing hedge between the center
and Duncan Center has been agreed to by Duncan Center and the
developer. Assistance in reaching an amicable resolution was
provided by the City Horticulturist. Accommodating the drainage
retention area will significantly alter the existing conditions
on the east portion of the site. Through working with the
developer, the City Horticulturist, and the City Engineering
Department adjustments were made to that area in order to
preserve some vegetation along Linton, to move the retention area
further to the west, and to obtain additional screening of the
development from residences to the east,
~.J-
To: Walter O. Barry, City Manager
Re: City Commission Documentation
Meeting of July 11, 1989
consideration of the Final Plat for Delray Town Center
Page 2
RECOMMENDED ACTION:
By motion, approve the final plat for Delray Town Center,
Attachments:
cover sheet, February 27, 1989, P&Z Staff Report
reduction of plat
REF/DJK*46/CCALBERT.TXT
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PLANNING
CITY OF
8
OELRAY
ZONING BOARD
BEACH
STAFF REPORT
MEETING CATE:
February 27, 1989
AGEr-.o:J ITEM:
IV. D
ITEM:
CONSIDERATION OF FINAL PLA~ APPROVAL FOR THE DELRAY TOWN CENTER
ON THE NORTHEAST CORNER OF ItUliON BLVD. AND MILITARY TRAIL.
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GENERAL
DATA:
OWner...........................An~hofty v. Pu911.... III
Aqeftt...........................00U9 a. Feurrlng
t.oc..tecl.......................'..Morthe..t eorner of Jtll1tary
TrAil and Linton 119d.
Property 51&....................19.'2 Acre. ('6'.'0' Sq. ft.1
r..ncI U.. Pl&a De.I9ft.tlon....;..C (COIWfterelal) 1ft part and PelI
{Planned. Office and.
Inatltutlonall 1a part.
Zoa1". OO.1....t1clII..............LC (L!alt..s c-.cLall 1n poet
and POC (Planned Office e.nter)
Ad'",c &aa1DI.. ......... ........... .North of a@jecc: propercy 1_
coned SAD (speci.l ~lvltl..
Dlatrlct J .. Sot.l~ 1. &oaed ac
- (General c:o..rc1.U aa4 County
All (A9rlcultu.l'al ...1delltlal
Tranaltlorwl).. Eut 1.
anned OM-' (MUlt1ple-F&a11r
Dwell1ft9 Dl.t:rl~).. w..t. 1.
Eoned Count.y .. C ...1cIenttal
Mult1pl. F.-11rl.
Exlatlnv Land u.................Vac.nt. Land
Propoud lAnd.
U.................A Shoppln9 Center Oft the ~roel
zoned. LC and. &II Office C.neer on
t.he parcel zoned PIX..
Water Serwlc....................S.rvlc. 1_ propo.ed .1. loopln9
of the exiat.lnq 1Z. water ~ln
located on Military Trail to the
eXlatlnq 10. ..In located on
Linton 8lvd.
ITEM :p. 1:>
Sewer Secvlce...................Servlc. to be provided by
e.ten.lon of ,- ''In fr~
Sllo4ywooa.
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RESOLUTION NO. 37-89
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 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 andlor Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such, time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained wi thin 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 De lray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
.'~~
,
Section 1. That assessments in the amount of Sl .l64 nn
One thoufan~ fhre~ hundred si xtr fullT il,pn n~/~no nnll >IT" as shown I?y
the repor 0 he 1.tyr.lanager 0 file C1.ty 0 elray a copy of which 1.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 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
July , 1989.
11th
day
MAY 0 R
ATTEST:
City ClerK
- 2 -
Res. No. 37-89
NOTICE OF ASSESSMENT
-;.iJ"/
//, / of ptj
Date
TO: Alfred Bostwick
ADDRESS: 1320 Prospect Street, Delray Beach, Fl 33444
PROPERTY: 43 NW 6th Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION:
S50' of N100' of W135' of Block 20, Town of Delray
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 $1,364.00 by resolution
of the City Commission of the City of Delray Beach. Florida, dated ~ /1/
, 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 4-7-89
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,
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 Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 6-27-89
at a cost of $1,364.00 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.
4/")-' /.,7. q:,.- -~
City Clerk
.
~
RESOLUTION NO. 38-89
I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life ,and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed wi thin thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165,41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land inVOlved; and,
WHEREAS, the City Commission of the City of
pursuant to Chapter 165, of the Code of Ordinances desires
cost of said condition against said property owner(s).
Delray Beach,
to assess the
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Jt-f
.
Section 1. That assessments in the amount of Sl.~Rq ~n
One thousand five hundred eiQhty nine and 50/100 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 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
wi th the same penal ties 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 effect~ve on the
SUbject property which shall secure the cost of abatement, ~nterest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
of
PASSED AND ADOPTED in regular session on this the 11th
July , 1989.
day
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 38-89
NOTICE OF ASSESSMENT
0uL.'1
V
//, /1',
Date
J. Henry Felton, Jr.
TO:
ADDRESS: PO Box 8104
West Palm Beach, FL
33407
1043! Germantown Road, Delray Beach, Fl 33444
PROPERTY:
LEGAL DESCRIPTION:
W100' of E315' of Lot 16, Esquire subdivision according to Plat Book
23, Page 43 of the official records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $1,589.50 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
~I~~ II ,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 12-12-89
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.
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 Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 6-27-89
at a cost of $1,589.50 which includes a ten percent (107.) 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.
~7~'''Z g..--..
City Clerk
RESOLUTION NO. 39-89
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 165, of the Code of Ordinances, declared tr.e
existence of an unsafe building upon certain lots or parcels of lani,
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 standard~ set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed wi thin thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165,41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165,42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of
pursuant to Chapter 165, of the Code of Ordinances desires
cost of said condition against said property owner(s).
Delray Beach,
to assess the
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
cdS
Section 1. That assessments in the amount ofS' 4n, 4n
One thousand four hundred 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 ann
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
July , 1989.
, '+-h
day
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 39-89
NOTICE OF ASSESSMENT
~~ ~..,
/v /,Pf
Date
TO: Mary J. Green
ADDRESS: 4950 NW 15th Court, Miami, Fl 33142
PROPERTY: 217 NW 5th Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION: S50' of N415' of W135' of Block 26, Town of Delray
according to Plat Book 5, Page 64 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 $1,401. 40 by resolution '.
of the City Commission of the City of Delray Beach, Florida, dated
)~./.1 // ,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 4-7-89
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.
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 Construction Appeals. You were given written notification on'
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action,
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 6-27-89
at a cost of $1,401.40 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.
L~_' ,I /L~.. .i ~
City C erk
,
RESOLUTION NO. 40-89
,i
~
I
I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COS"'S
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 INTERBST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TIotl, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE ~mILING 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
violati.on of the building codes and building requirements adopted by
Chapt~r 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 ~!ritten notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such ,time as the Building Official determines, said
notice also advised that all appeals must be filed wi thin thirty (30)
davs 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 wi thin Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.47. of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desire~ 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:
~Co
Section 1. That assessments in the amount of $1,593.90
One thousand five hundred ninety 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
parcel (s) 0 f land descr ibed 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 Citv 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 11th
July , 1989.
day
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 40-89
NOTICE OF ASSESSMENT
a.'7
r
/b /9'9
Date
Myrtis Duncombe
TO:
118-37 218th Street, Cambria Heights, NY 11431
ADDRESS:
201 NW First Street, Delray Beach, Fl 33444
PROPERTY:
LEGAL DESCRIPTION:
E90' of Lot 16, Block 43, Town of Delray 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 $1,593.90 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
)b';', 1/ ,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 8-1-88
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 unsafe condition and that the action
would be initiated on an emergency basis by the City.
x
You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an 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.
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 6-27-89
at a cost of $1.593,90 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.
-#7~
L.r7 4..v ~~'_
City Clerk
RESOLUTION NO. 41-89
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 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that. all appeals must be filed wi thin thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission 0 f 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:
Jl
,
That assessments in the amount of $1 ~Q~ nn
One as shown ~y
e e ~ y 0 e ray a copy 0: 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 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
July , 1989.
11th
day
MAY 0 R
ATTEST:
C~ty l:lerK
- 2 -
Res. No. 41-89
NOTICE OF ASSESSMENT
~~~1
/-.<' /,PF
Date
TO: Securit and Investment Cor oration of the Palm Beaches
c 0 Stierer, Amendola, Kaplan and Hyman
ADDRESS: 224 Datura St. suite 1401, West Palm Beach, Fl 33401
PROPERTY: lot south of 806 Lake Ida Road, Delray Beach, Fl 33444
LEGAL DESCRIPTION: N50' of S225' of S~ of Et of Lot 19, in Section 8,
Township 46 South, Range 43 East
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $1,595.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
04'~J II ,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 3-2-89
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,
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 Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action,
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 6-27-89
at a cost of $1,595,00 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.
~/Lt~ ~_d. dA... dC"_
If City Clerk
COMMISSION MEMORANDUM
TO:
WALTER O. BARR, Y'~3~ MAN~~ER
~/l
FRANK R. SPENCE. DIRECTOR, DEVELOPMENT SERVICES
FROM:
DATE: JULY 6, 1989
SUBJECT: STORM WATER UTILITY FEE STUDY - PHASE III-A
CONTRACT AWARD - GEE~JENSON -
---
-----------------------------------------------------------------
REQUESTED ACTION
Commissioners requested to approve the awarding of a contact to
Gee & Jenson to undertake Phase III-A of the Storm Water Utility
Fee Study in an amount not to exceed $24,200.
BACKGROUND
Under the City's existing consultant contract with Gee & Jenson,
the administration is recommending that the Commission authorize
them to proceed with the next phase of their Storm Water Utility
Study, which would be Phase III-A. This work involves an
evaluation of the existing programs, needs and costs and
determination of user assessment and rate criteria, The City
Engineer has reviewed this proposal and recommends approval of
their proposal to perform Phase III-A of the Storm Water Utility
Study.
RECOMMENDATIONS
The administration and City Engineer recommend the award of
contract to Gee & Jensen to perform Phase III-A of the Storm
Water Utility Fee Study for a fee not to exceed $24,200. Funds
are available in Account t334-3161-541-60,59,
FS:aw
A:Study.Fee
(Contract Award - Phase III-A)
.--
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M E M 0 RAN DUM
TO:
Walter O. Barry, C1ty Manager
THROUGH:
John W. Elliott. Jr., Assistant City Manager/
Management Services
FROM:
Ted Glas, Purchasing Director
ffk
DATE:
June 29, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
July 11, 1989 - BID AWARD - BID #89-44
THOMAS STREET PUMPING STATION - SOUND ATTENUATED
SHELTER
Item Before Citv Commiss1on:
City Commission is requested
bidder, ARZ Builders, Inc., for
the Budget Office, funding
001-2911-519-60.56 (Engineering
Projects) .
to award contract to low
the amount of $20,780. Per
for the project is from
- Capital Outlay - Drainage
Backqround:
The scope of work for this project involves installing a
shelter around an existing motor on Thomas Street near the
Intracoastal Waterway to reduce the noise from the motor.
Bids for this projsct were received on May 10, 1989 from
three (3) contractors, all in accordance with City
purchasing procedures. (Bid #89-44. Documentation on file
in the Purchasing Office) A tabulation of bids is attached
for your review. Engineerings estimate for this work 1S
$25,000.
Recommendation:
The Engineering and Purchasing Departments recommend award
to the low bidder, ARZ Builders, Inc. for the amount of
$20.780., with funding from account as stated above.
TG/jc
AttaChments:
Tabulation of Bids
Memorandum from Engineering
pc Frank Spence
Yvonne Kincaide
Gates Castle
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ENGINEERING DEPARTMENT:
MEMORANDUM
TO:
TED GLAS
PURCHASING
THRU: )J A e.. GATES D. CASTLE, P.E.
CITY ENGINEER
FROM: '({ CHARLES AXELROD
t.1 CIVIL ENGINEER
DATE: JUNE 21, 1989
SUBJECT:
THOMAS STREET PUMPING STATION
SOUND ATTENUATED SHELTER
Engineering has reviewed the bids received for the subject project.
Based upon this review, it is recommended that the contract be award-
ed to ARZ BUilders, Inc, based on their low bid of $ 20,780.00,
The Engineer's estimate for this project is $ 25,000,00,
SCOPE OF WORK
To furnish all material, labor and equipment to make and install a
Sound Attenuated Shelter and place it on a concrete wall footing to
be constructed around an existing vertical electric motor and station
shell found at the Westerly end of Thomas Street near the Intracoast-
al Waterway.
The design of the proposed superior Soun~ Attenuated enclose should
have the following:
1) Top opening for removal of motor and pump by crane.
2) Ventalation of hOusing to avoid overheating of motor.
3) Be able to effectively reduce motor noise.
MONEY AVAILABLE
1) Account No. 001-2911-519-60.56 has $ 51,000.00,
CA:kt
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[ITY DF DELRAY BEA[H
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-':"::~-1':"T oc,:"r:1-1 '"LVHIC)A 3.3444
407 :'1"'; '1.'1')
M E M 0 RAN DUM
TO: Walter D. Barry, City Manager
THROUGH: John w. Elliott, Jr.. Assistant City Manager/
Management Services
FROM:
Ted Glas, Purchasing Director -fJ-h I r-c Ic\-!
-'
DATE: June 30, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
JULY 11, 1989 - COMPUTER EQUIPMENT _
FOR FIRE DEPARTMENT
Item Before Citv Commission:
City Commission is requested to award contracts for computer
equipment via - Florida State Contract, GSA Contract, and
quotations, for the amount of $38,521.47. Per the Budget
Office, funding is from 333-2311-522-60.57 (1987 Utility Tax
Construction Fund - Computer Equipment - Installation), and
#001-2315-526-60.89 (Fire/EMS Operations Equipment
Other) .
Backqround:
Requisitions have been received from the Fire Department and
Data Processing requesting purchase of computer equipments,
via existing contracts and quotations as stated on attached
memorandum and pricing sheet.
Recommendation:
Staff recommends multiple awards, as follows:
AC3 Computer Center ------------ $ 7,087.00
IBM Corporation ------------ 25,684.47
Ominco ------------ 5,750.00
Total
$38,521.74
TG/jc
Attachments:
Pricing Sheet
Memorandum from Fire Chief
pc Chief Koen
RiChard Zuccaro
Yvonne Kincaide
~G
~:1
THE ErF'JRT AL','I;\YS MATTERS
[ITY DF DELAAY BEA[H
1
1
1
3
1
1
1
1
1
1
1
7
12
4
1
11
11
1
1
1
3
3
1
2
1
'.;Ij'
~ ,':', L::;
Pric..nq Sheet
~ AC3 Comouter Center
1 IBM PS/2 Model 80 - State Contract
IBM Corooration
TOken-Ring PC Adapter State Contract
TOken-Ring PC Adapter Cable _
Memory Expansion Option _
Memory Module Kit -
System Board Memory Exp. Kit _
PS/2 Mouse -
Color Display -
OS/2 Ext. Ed. Vl.l 3.5" _
IBM Page Printer -
Cable 24 Meter -
Printer Stand -
TOken-Ring Network 16/4 Adpt/A _
TOken-Ring PC Adpt. Cable _
Token-Ring Network Adpt. _
OS/2 Lan Server 1.0 3.5' - GSA Contract
PC LAN Vl.3 3.5" -
IBM LOC Area Support PGM _
545- TOS IBM, DOS & OS/2
PC/DOS 3812 Page Prtr. Driver
PC/DOS 3812 Page Prtr. Font Mgmt.
MUltistation Access Unit -
IBM Cabling Sys Component House _
Total (IBM)
Omnico
Walldate Datagate - Sole Source
,Line Drive - Competitlve Quotations
Telebit TI00 Modem - Competitive Quot.
Total (Omnico)
Grand Total
T,~= E -~ :,0, AL,"c"",o M"'lT=,"IS
':;_~r_:""" :"'_C.:-.l10A 33444
..tl)7 :?4 ~ 7'Jf)'J
Total Price
$ 7087.00
$ 626.50
25.20
1186.50
2929.50
976.50
69.30
472.00
581.00
5937.75
78.12
214.20
4385.50
302.40
2506.00
728.00
IB81.00
462.00
105.00
31. 00
243.00
1743.00
201.00
$ 25,684.47
$
4495,00
460.00
795.00
$
5750.00
$ 38,521.47
[Iry DF DELAAY BEA[H
FIRE DEPARTMENT
,
KERRY B, KOEN
Fire Chief
M E M 0 RAN DUM
TO:
FROM:
DATE:
SUBJECT:
TED GLAS, PURCHASING DIRECTOR
KERRY B. KOEN, FIRE CHIEF
JUNE 6, 1989
ADDITIONAL COMPUTER EQUIPMENT
Attached are requisitions prepared by the Data Processing
Department. These purchases will complete the present phase of
the Fire Department Computer System and will finalize computer
purchases from the Utility Tax Bond account number
333-2311-522-60-57. Most of these purchases are under State
Contract or G.S.A. contract pricing as indicated on the
requisitions.
The total cost of these items is $39,350.47. The
the account is $37,000.00. The additional funds are
account # 001-2315-526-60-89. We would like to
purchases put on the City Commission agenda for June
balance in
budgeted in
have these
13, 1989.
V~~.\~
Kerry B. Koen
Fire Chief
KBK/ew
FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. OELRAY BEACH, FLORIDA 33444. 407'243-740'
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M E M 0 RAN DUM
TO:
Walter O. Barry, City Manager
THRU:
John W. Elliott,
Jr. ,
Assistant City Manager/
Management Services
ftut!
~
FROM:
Ted Glas, Purchasing Director
11.#'
DATE: June 21, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JULY 11, 1989 - SOLE SOURCE PROCUREMENT -
POLYMER 844A - ANNUAL CONTRACT
Item Before Citv Commission:
City Commission is requested to renew the contract for
polymer 844A with American Cyanamid Company, at a cost of
$1.90 per pound, and a total annual estimated cost of
$76,000. Per the Budget Office, funding for this product is
from account #441-5122-536-35.15 (Water & Sewer Fund - Water
Treatment - Operating Supplies).
Backaround:
A requisition has been received
requesting sole-source procurement
American Cyanamid Company, per their
from Public Utilit1es
of polymer 844A from
attached memorandum.
American Cyanamid has agreed to extend firm pricing at
$1.90 per pound, delivered, in 40,000 pound shipments. This
price has not increased since first approved in 1986.
Recommendation:
Staff recommends renewal of contract for polymer 844A with
American Cyanamid Company at an estimated annual cost of
$76,000; and that the City Manager be authorized to renew
the contract as long as the price remains firm. (Funding as
s ta ted above).
TG/jc
Attachments:
Memorandum from Public Utilities
Letter from American Cyanamid Company
pc Robert Barcinski
Yvonne Kincaide
Bill Greenwood
Cal Johnson
.1~D
T'-<o E="':>PT AL.'IA'('i MATTERS
"
MEMORANDUM
TO:
Ted Glas
Purchasing Director
FROM:
Cal Johnson
Plant Manager of Water Treatment Plant
SUBJECT:
SOLE SOURCE SUPPLIER
DATE:
June 21, 1989
I have discussed the continuation of supply with American
Cyanimid's Sales Representative and requested a letter de-
fining the terms for continuation using their product 844
Dry Polymer.
Their letter of response has been attached to a requsition
and sent forward for approval.
Mr. Greenwood indicates to me he would like to make some
provision to have these chemical contracts extended to (3)
years,
American Cyanimid indicates they would be happy to extend
beyond a year to accommodate us,
I am attaching my memo of last year. All the conditions
and requirements stated there still exist. Therefore, I
request that we continue our contract with this supplier
as a sole source.
If you need additional support with the purchase of this
product, do not hesitate to call me,
~~o;;{J2~
CJ:ib
cc: William H. Greenwood, Director of P/U -w/attach.
copy
,/
I
"
r
MEMORANDUM
TO: Ted Glas
Purchasing Director
FROM: Cal Johnson
Plant Manager - Water Treatment Plant
SUBJECT: Sole Source Supplier
DATE: April 2B, 1988
Purchasing should have on record orevious correspondence on the
subject of our Primary Process Chemicals and the need for this, but
for your information, I would like to explain that when the most recent
expansion of the Plant in 1980 took place, there were serious problems
getting the process operating. After much effort with consulting
chemists and engineers, and a great deal of product sampling, only
American Cyanamid's 844 Dry Polymer would perform well enough to sustain
our process system. Therefore, we had to convert all the systems from
liquid feed to dry feeders, develop storage areas and provide handling
equipment to support this modification.
Since then, many vendors have tried unsuccessfully to duplicate
844's capability. Our present plant process is extremely delicate and
we do not have the luxury of experimenting with an on-line system.
If you would, we would like your support in seeing that we are
provided with these products in a timely fashion to eliminate the
possibility of either process or plant failure.
If you need any additional support with the purchase of these
products, do not hesitate to call upon us.
@~~
Cal John
CJ:hk
XC: L. Martin
D. Haley
File
,
I
~CYANAIWID
incclal1y Polymers Deoanment
'0 Box 32787
",,'rIOIlO NC 28232
,,00 J38 5615
May 9, 1989
Mr. Calvin E. Johnson
Plant Manager
CITY OF DELRAY BEACH
200 Southwest 6th Street
Delray Beach, Fla. 33444
Re: Purchase Order #16176
Dear Calvin:
Your purchase order No 16176 between the City of Delray
Cyanamid for your water treatment polymer, MAGNIFLOC(R)
1, 1989.
Beach and American
844A. expires July
I am pleased to announce that Cyanamid proposes to extend our Evergreen
Contract with the City of Delray Beach, with no price increase over last
years contract agreement.
The $1.90/1b delivered pricing for 40,000 1b shipments reflects Cyanamids
commitment towards our mutual long turn relationship with De1ray Beach
Utilities. Cyanamid has also developed and plant proved a color reduction
program which would replace your current aluminate treatment, you may wish
to consider this at some future date.
Cyanamid Appreciates ynur business. Ye look forward to continue meeting
your chemical treatment/service requirements in the future.
Sincerely Yours,
AMERICAN CYANAMID COMPANY
sp;~~~s Department
Paul F. Perkins ~
Technical Sales Representative
Yater Treating and Mining Chemicals
PFP/kk
Attachment
,
cc: Bob McColgan
CITY DF DElRAY BERCH
'1EMORANDUM
TO:
Walter O. Barry, City Manager
4'tJ} E
V (S.c
FROM:
John W. Elliott, Jr., Assistant City Manager/
Management Services
DATE: July 6, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
JULY II, 1989 - BID AWARD - BID #89-58
MANHOLE REHABILITATION/REPLACEMENT -
ANNUAL CONTRACT
Item Before City Commission:
The City Commission is request to award bid to the low
bidder, Southern Pipeline, Inc., in the amount of
$130,050.60. Per the Budget Office, funding for this fiscal
period, FY88/89 in the amount of $25,000 is available in
account #441-5141-536-60.66 (Water & Sewer Fund Sewer
Systems/Mains & Lines), The balance of $105,050.60 will be
funded in FY89/90 using the same funding source, account
#441-5141-536-60,66.
Background:
The Public Utilities Department has need for an annual
contract on manhole repairs based on estimated annual
quantities. This contract covers any unforeseen emergency
manhole repairs that may be required in addition to sched-
uled and planned repairs during the next year.
Bids for this contract were
(2) area contractors all in
procedures. A Tabulation
review.
received June 14, 1989 from two
accordance with Ci:y purchasing
of Bids is attached for your
Recommendation:
Staff recommends award to the low bidder, Southern Pipeline,
Inc., for the estimated annual amount of $130,050.60; and
per the specifications, the City Manager be authorized to
renew the contract, subject to acceptance of the contract,
satisfactory performance and determination that renewal will
be in the best interest of the City. Funding sources will
be from account #441-5141-536-60.66 as stated above.
JWE:sk
attachments
cc: Robert A. Barcinski
Yvonne Kincaide
William Greenwood
Hal Faulkner
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MEMORANDUM
TO:
Ted Glas
Purchasing Director
FROM:
William H. Greenwood
Director of Public Utilities
SUBJECT:
MANHOLE REHABILITATION/REPLACEMENT _
ANNUAL CONTRACT
DATE:
June 23, 1989
I have reviewed Mr. Hal Faulkner's dated June 14, 1989 and staff
concurs with Mr. Faulkner's recommendation. We hereby request
approval of the lowest responsive responsible bidder, Southern
Pipeline, Inc. in the amount of $130,050.00.
This bid will encompass
fiscal year FY89/90. We
amount of $25,000 from
intend to issue another
remaining amount in the
the existing fiscal year budget
will be preparing a requisition in
funding source 441-5141-536-60.66.
requisition for FY89/90 to encumber
bid of $105,500.00
plus
the
We
the
lJ!.aL_ #/ Sro~_.. rJ
William H. Greenwood
WHG: smw
'I
July 6, 1989
MEMORANDUM
TO:
WALTER O. BARRY, CITY MANAGER
FRANK R. SPENCE, DIRECTOR, DEVELOPMENT SERVICE ~
LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
CDBG PROGRAM/CONTRACT AWARD - LA PLANT-ADAIR
REQUEST TO MOVE TWO CITY OWNED UNITS TO VACANT
LOTS WITHIN THE CDBG TARGET AREA
THRU:
FROM:
RE:
Staff is requesting Commission approval to award two contracts to
La Plant Adair of Boynton Beach to relocate two of the city owned
structures currently on the land designated for the Water
Treatment Expansion Project. Both structures will be moved to
eligible properties within the CDBG target area and will be
rehabilitated for occupancy by a lower income family,
Funds are available in the Housing Rehabilitation budget line
item. Staff is recommending approval of the moving contracts in
the amounts of $14,600 and $14,900.
Attachments
c2 1<)+=
.
M E M 0 RAN DUM
TO:
WALTER 0, BARRY, CITY MANAGER
-~
DORO%(HY ELLINGTON, COORDINATOR, COMMUNITY
DEVELOPMENT
FROM:
"
THRU: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
DATE: JULY 5, 1989
SUBJECT: AGENDA REQUEST/MOVING CONTRACT
This is to request Commission approval to move two city owned
houses located at 303 S. W. 7th Street & 311 S. W. 7th Street and
to award the contract to La Plant-Adair Co" 1200 West Industrial
Avenue, Boynton Beach, Florida.
Written proposals were received from both La Plant-Adair and
Russell Movers with both Contractors bidding exactly the same,
$14,900.00 to move 303 S, W. 7th Street and $14,600,00 to move
311 S. W. 7th Street. (Moving contracts are calculated on a
square footage basis) We are recommending La Plant-Adair because
the company has indicated a willingness to move in a more timely
manner than Russell Movers.
The houses are being moved to 210 N, W, 13th Avenue and 605 N. w.
4th Street, These two lots are owned by residents of the
Community Development Target area who are eligible recipients of
CDBG funds, and whose houses were determined to be unsafe and
ineligible for rehabilitation, Once the houses are moved we will
follow the approved and proper procedure for rehabilitation of
the replacement houses.
I
~
.
lAPlDT-ADAIR CO..
COlI/rae/or. a"J movi", [;,.,i"o.,.
1200 WEST INDUSTRiAl AVENUE
BOYNTON BEACH. FLORIDA 33426
PHONE (407) 737-<1188
Community Development Division
City of Delray Beach
100 N. W. First Avenue
Delray Beach, Florida 33444
June 8, 1989
CONTRACT
LaPLANT-ADAIR CO. hereby a~rees to furnish all labor, equipment and materials
to complete the following work as set forth below:
Move a frame buildin~ from 303 S. W. 7th Street. Delray Beach to a new site at
208 N.W. 13th Avenue, Delray Beach.
Provide the followin~ type of foundation at the new site: According to Code
and specifications.
This work shall be done for tbe total consideration of 51.,900.00. OWNER
shall bear all cost of removing (should it be necessary) overhead obstructions,
which includes traffic signals, cable television. telephone lines. power lines.
street li~hts, and trees. Also. costs of crossin~ railroads. 1ncluding
flagmen. and the cost of removin~ any other obstruction that would hinder the
movement and placement of the buildin~, and these monies are required in
advance upon estimates from the utilities and related services.
OWNER is to remove the 8' x 10' addition with concrete floor before our LaPLANT-
ADAIR CO. be~ins work.
OWNER to have land cleared of all debris that would hinder placin~ of buildin~.
OWNER to prOVide two pOints and a line for placement of buildin~. All
disconnection of plumbing, electric. air conditionin~, and all mechanicals. to
be done by others before our work begins.
The movin~ of said buildin~ shall be accomplished in a workmanlike manner,
provided, however, that LaPLANT-ADAIR CO. assumes no responsibility for, nor
shall it be liable for cracks, only for structural damage. Nor shall LaPLANT-
ADAIR CO. be liable for any sidewalk breaka~e at old or new site. LaPLANT-
ADAIR CO. is not responSible for cleanin~ up or levelin~ old site. No painting
or decoratin~ is included.
BUIL.DING MOVING lit RAISING · SHORING. UNDERPINNING. FACTORY RECONDITIONING. BRIOGES RAiseD AND MOVED
WATER TOWERS MOVED. ROOFS RAISED AND L.OWERED . SUSMARINES MOVEO
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Community Development Division
City of Delray Beach
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LaPLANT-ADAIR CO. makes no representation or warranty regarding whethe~ or not
zoning requirements of the appropriate County or municipal government permits
the removal of said bUilding to the proposed new location, and same is OWNER'S
sole responSibility. You. as OWNER. agree to secure all signatures required
for waivers of objections and to obtain the necessary consent of the
appropriate municipality to permit the removal of said bUilding to its proposed
new location. LaPLANT-ADAIR CO. shall place the bUilding over the footing at
the new location in a good and workmanlike manner, but shall not be responsible
for. nor shall it connect plumbing. electricity. or other connections, nor
shall it be required to obtain a Certificate of Occupancy. Building will be
located on new lot in accordance with written instruction. given to LaPLANT-
ADAIR CO. prior to moving. such location to be at your risk in compliance with
zoning requirements. setbacks. et cetera. LaPLANT-ADAIR CO. is not to be held
responsible for any vandalism or thievery occurring while this work is being
done.
6/08/89
OWNER agrees that in the event a suit be brought for the collection ot any or
all of the amounts due us under this contract. or it the same has to be
collected on demand of the attorney. OWNER shall pay a reasonable attorney's
fee charged LaPLANT-ADAIR CO. for said collection. and/or any court costs.
This agreement revokes and Supersedes all previous agreements between these
parties either oral or written. and this agreement can be amended or modified
only by written change order signed by the parties hereto. This agreement is
not binding until all necessary permits have been issued.
Payments to be as follows: Downpayment 52.980.00; 58.940.00 when bUilding is
on our steel; $2.980.00 on day building is delivered to new site.
ACCEPTANCE:
LaPLANT-ADAIR CO.
OWNER/AGENT hereby authorizes
LaPLANT-ADAIR CO. to accomplish and
complete the above work as described, '
and agrees to the conditions herein set
forth and to the payment schedule.
BY
Witnessed:
By
Date:
Owner/Agent
Witnessed:
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lAPlANT-ADAIR CO..
C-Iraelor. anJ rfl""in'l {:,.'1in..r.
1200 WEST INDUSTRiAl AVENUE
BOYNTON BEACH. FLORIDA 33426
PHONe (407) 73N1188
Community Development Division
City of Delray Beach
100 N. W. First Avenue
Delray Beach. Florida 33444
June 8, 1989
CONTRACT
LaPLANT-ADAIR CO. hereby agrees to furnish all labor, equipaent and aaterials
to coaplete the following work as set forth below:
Move a fra.e buildin from 311 S. W. 7th Street Delra Beach to a new site at
605 N. W. 4th Street. Delrav Beach.
Provide the following type of foundation at the new site: According to Code
and specifications.
Thi8 work 8hall be done for the total con8ideration of '14,800.00. OWNER
shall bear all cost of reaoving (should it be necessary) overhead obstructions,
which includes traffic signals, cable television, telephone lines, power lines,
street lights, and trees. Also, costs of crOSsing railroads. including
flagmen, and the cost of reaoving any other obstruction that would binder tbe
movement and placeaent of the bUilding, and these aonies are required in,
advance upon estiaates froa the utilities and related services.
OWNER is to reaove the 8'x 12' addition before LaPLANT-ADAIR CO. begins work.
OWNER to have land cleared of all debris that would hinder plaCing of bUilding.
OWNER to prOVide two paints and a line for placeaent of bUilding. All
disconnection of Pluabing, electric, air conditioning. and all aechanicals. to
be done by others before our work begins.
The moving of said bUilding shall be accoaplished in a workaanlike manner,
prOvided, however, that LaPLANT-ADAIR CO. assuaes no respon8ibility for. nor
shall it be liable for cracks, only for structural da.age. Nor sball LaPLANT-
ADAIR CO. be liable for any sidewalk breakage at old or new site. LaPLANT-
ADAIR CO. is not responsible for cleaning up or leveling old site. No painting
or decorating is included.
UIL.OING MOVING. RAIStNG. SHORING · UNOERPINNING . FACTORY RECONOITIONING . BRIOGES RAISEO ANO MOVEO
WATER TOWERS MOVEO . ROOFS RAISEO ANO L.OWEREO . SUBMARINES MOVEO
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Community Development Division
City of Delray Beach
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6/08/B9
LaPLANT-ADAIR CO. sakes no representatIon or warranty re~ardIn~ whether or not
zonin~ requIrements of the appropriate county or sunicipal ~overnaent peraits
the removal of said buIldin~ to the proposed new location. and saae is OWNER'S
sole responsibility. You, as OWNER. a~ree to secure all si~natures requIred
for waivers of objections and to obtaIn the necessary consent of the
appropriate municipality to permit the removal of said buildin~ to its proposed
new location. LaPLANT-ADAIR CO. shall place the buildin~ over the footIn~ at
the new locatIon In a ~ood and workmanlIke manner. but shall not be responsIble
for, nor shall It connect plumbIn~. electricity, or other connections. nor
shall it be required to obtaIn a CertIficate of Occupancy. BuildIn~ wIll be
located on new lot in accordance wIth written InstructIons ~Iven to LaPLANT-
ADAIR CO. prior to movin~. such locatIon to be at your risk in coapliance wIth
zonIn~ requireaents. setbacks. et cetera. LaPLANT-ADAIR CO. Is not to be held
responsible for any vandalism or thievery occurrin~ while this work Is bein~
done.
OWNER a~rees that in the event a suit be brou~ht for the collection of any or
all of the amounts due us under this contract. or if the saae has to be
collected on deaand of the attorney, OWNER shall pay a reasonable attorney's
fee char~ed LaPLANT-ADAIR CO. for said cOllectIon. and/or any court costs.
This a~reeaent revokes and supersedes all previous a~reeaents between these
parties either oral or written, and this a~reeaent can be amended or aodifIed
only by written chan~e order si~ned by the parties hereto. This a~reement is
not bindIn~ until all necessary peraIts have been issued.
Payments to be as follows: Downpayment $2.920.00; $8.760.00 when buildin~ is
on our steel; $2.920.00 on day buIlding Is delivered to new site.
ACCEPTANCE:
LaPLANT-ADAIR CO.
OWNER/AGENT hereby authorIzes
LaPLANT-ADAIR CO. to accoaplIsh and
complete the above work as described.'
and agrees to the conditions herein set
forth and to the payment schedule.
BY
Witnessed:
By
Date:
Owner/A~ent
Witnessed:
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July 6, 1989
MEMORANDUM
TO: WALTER O. BARRY, CITY MANAGER
THRU: FRANK R, SPENCE, DIRECTOR, DEVELOPMENT SERVICE ~
FROM: LULA C, BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
RE: HOUSING REHAB GRANT AWARD fu~D CONTRACT AWARD/CDBG
Staff is recommending the approval of the rehabilitation contract
in the amount of $16,875 to First Construction of the Palm
Beaches, Inc" the negotiated low bidder for the project.
Detailed information on the competitive bid process is attached
for your reference,
Attachments
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MEMORANDUM
TO:
WALTER O~ BARRY, CITY MANAGER
DOROT~~LLINGTON, CD COORDINATOR
<&-
LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES
HOUSING REHABILITATION GRANT AWARDS.
FROM:
THRU:
SUBJECT:
According to the City of Delray Beach, Community Development
Division's approved Statement of Policies and Procedures, we are
hereby requesting City Commission approval of one (l) Housing
Rehabilitation Grant Award. 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 and homeowner's
signatures. Grant recipients have met all eligibility
requirements as specified in the approved Policies and Proce-
dures. 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-ups and individual case files are available
for review at the Community Development Division Office. The
Contract Award and Bid Summary sheets are attached for your
reference,
Housing Rehab Grant Awards are requested for the fOllowing:
Case#
Address
Grant Amount
88-028HR
701 S,W 8TH AVE.
$17,000
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M E M 0 RAN DUM
TO:
TED ,fjLASS, PURCHASING ADMINISTRATOR
D~~HY ELLINGTON, CD COORDINATOR
LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTO~
JUNE 23, 1989
HOUSING REAHB PROGRAM CONTRACT AWARD/1ST CONSTRUCTION
FROM:
THRU:
DATE:
SUBJECT:
The attached is being submitted for your review and subsequent
submission for the consent agenda of July 11, 1989, Please refer
to the package for Bid #89-53 which was submitted May 4, 1989 for
the May 23, 1989 agenda.
Henry Haywood Construction
of 701 S, W. 8th Avenue.
Haywood withdrew from the
Haywood)
We negotiated a lower bid with First Construction of the Palm
Beaches, Inc. the next lowest bidder, First Construction has
agreed to perform the job for $16,875.00. As with all our bids a
small contingency will be added not to exceed $17,000.00
Company was low bidder for the Rehab
However, for personal reasons, ,Mr.
project. (see attached letter from
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
REHABILITATION PROGRAM
BID INFORMATION SHEET
BID #: 89-21.
APPLICANT: STELLA HERRING
APPLICATION #: 88-028 HR
PROJECT ADDRESS: 701 SOUTHWEST 8TH AVE.
DATE OF BID LETTERS: APRIL 14. 1989
DATE OF BID OPENING: APRIL 27. 1989 IRE-NEGOTIATED BID 5/11/89
NAME OF CONTRACTORS AMOUNT OF BID
AVMA CONSTRUCTION ENGINEERS CORP. $
B & JR CONSTRUCTION $
DARRYL L. COOK $
FEC MANAGEMENT INC. $
FIRST CONSTRUCTION OF THE PALM BEACHES, INC. $ 16,875.00 *
HENRY L. HAYWOOD ** $
MJD CONSTRUCTION SERVICES $
TOMMY PRESTON $
BERNIE HANUS $
IN - HOUSE ESTIMATE: $ 17,410
CONTRACTOR AWARDED CONTRACT:
BID/CONTRACT AMOUNT: $
COMMENTS: ORIGINAL LOW BIDDER WITHDREW. ABOVE PRICE REPRESENTS NEC.OTTATFD
PRICE.
RR6
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
REHABILITATION PROGRAM
BID INFORMATION SHEET
BID #: 89-~
APPLICANT: STELLA HERRING
APPLICATION #: 88-028 HR
PROJECT ADDRESS: 701 SOUTHWEST 8TH AVE.
DATE OF BID LETTERS: APRIL 14, ~989
DATE OF BID OPENING: APRIL 27,1989
NAME OF CONTRACTORS AMOUNT OF BID
AVMA CONSTRUCTION ENGINEERS CORP. $
B & JR CONSTRUCTION $
DARRYL L, COOK $
IN - HOUSE ESTIMATE: $17,410.00
CONTRACTOR AWARDED CONTRACT:
HENRY HAYWOOD
BID/CONTRACT AMOUNT: $ 16,390.00
COMMENTS:
LOW BID
RR6
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HENRY L, HA YWOOD - GENERAL Be ROOFING CONTRACTOR
RESIDENTIAL.. COMMERCIAL. . REROOFING
STATE LICENSED
a.
INSURED
211 N.W. 8TH AVENUE
DELRAY BEACH. ~LORIDA 33444
PHONE
31l3-Oll83i
DATE:
r,ray 15, 1939
City of Delray
Department of EOusing and Community Developr::ent
Delray Beach, Florida
Dear res ,:;;llingtor::
Due to untimely and unforeseeable personal circumstances,
I \'fish to at this time \,!ithdraw from Project: File'; 88-023HR
Location, 701 S,;", 8th .~venue , Delray Beach, Florida
I pride myself on the Quality of \'fork I produce and at this
particular time, I don't feel that I will be able to produce
at my usual capacity.
It is with the Successful and expedie~t comoletion of the job
in mind that I choose to \Jithdraw at this time because of
critical personal reasons.
Lookin:; for'claro. to continued ser',ice and O]portuni t;ies '.1i tl,
the (1.epaI't:'~81!. t.
Sincerely,
yt'H~
ensed General Contractor
HLH/JBH
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To:
Lula Butler, Community Improvement Director
From:
Nancy Davila, Horticulturist/Special Projects Coordinator ~~
Re:
PROJECT STATUS UPDATE
Date:
June 29, 1989
BID OPENING
Bids were received June 28, 1989 for irrigation on South Federal Highway
the West Atlantic Avenue corridor between Swinton and I-95 as well
landscaping for N,E. 8th Street. Bids are currently being reviewed with
intent that a formal recommendation for award of bids will be on the
11, 1989 Commission agenda.
and
as
the
July
REPLACEMENT OF TREES ON WEST LINTON BOULEVARD
At the Commissions request I contacted the landscape contractor to find out
if he would delay the scheduled tree replacement on July 3, 1989 until the
Commission had a chance to discuss whether they wanted the material
replaced. As I understand it, the Commissioners wanted to know if we could
get a 'credit' in lieu of the replacement of the trees.
Brian Tuttle, the Landscape Contractor, agreed to delay the scheduled
planting. He also stated that although it was unusual since the materials
are under warranty and there is no cost to the city for replacement, that he
would offer to give the City half credit for the trees if the City did not
require him to replace them.
There are 31 Sabals that require replacement and 22 Tabebuias. Of these, 25
trees are located on the north side of the road within 2' x 3' cut-outs in
the sidewalk and 28 are located along the south side of the road along the
canal embankment. The Sabals would amount to a $60/palm credit for $1,860.00 /
and the Tabebuias would amount to a $67.50/tree credit for $1,485.00. ~ ~ y ~
Please keep in mind that any trees or palms removed from the cut-outs would
require the cut-outs to be filled with concrete, which would result in an
expenditure for the work.
It is also my person~al feeling, that the removal of trees in random
locations will detract from the repetition of the design and it will look
like exactly what happened - that the trees died and weren't replaced.
Although I was the first one to state that the trees were not needed in the
initial design development ( please recall that Kettelhut's original plan
called for a tree every 50 feet along the entire right-of-way, which I
requested be reduced to the intersections) now that they are there I think
the continuity of the planting plan should be maintained.
LL('-"<. t
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M E M 0 RAN DUM
TO:
Lula Butler, Director of Community Improvement
Richard Bauer, Code Enforcement Administrator ~ ~
WEEKLY REPORT \V ~
FROM:
SUBJECT:
DATE:
June 29, 1989
1. The demolition/board-up analysis was completed for the City Attorney's
office. The analysis is a starting point for the attorney's office
exploring foreclosure proceedings.
2. We completed a number of demolitions this week and received good press
coverage thereon.
3. On Wednesday, June 28, Gene Brown, Norma Smith and I met with the County
Code Enforcement Director, Terry Verner. Terry gave us:
a. Copies of County zoning codes and certain other ordinances.
b. County Inspection Reports.
c. County Violation Notices.
Terry also explained how his operation works, the County Code Enforcement
Board process, etc.
We agreed. at the outset, that Delray Beach would handle this enforcement
effort as follows:
1. Complaints received will generate inspections. Complaints received
by Terry will be forwarded to my office for review and follow up.
Complaints received directly by my office will likewise be
investigated,
2. Only those laws within Terry Verner's scope of enforcement authority
will be investigated. Complaints outside the scope of the County's
authority will be referred back to Terry Verner for referral to the
proper County agency (e.g., sheriff, Fire Rescue, etc.),
3. Only one other person in my office will be involved in contact with
the County Code Enforcement Department - i.e., Gene Brown.
The program will work if properly controlled. I already have a good rapport
with Terry's office and I intend to approach this undertaking with an attitude
of cooperation,
RB:mh
.
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CITY DF DElAAY BEA[H
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MEMORANDUM
TO: Walter O. Barry, City Manager
,~"
FROM: Doak S. Campbell, III - Mayor ~_
DATE: June 27, 1989
SUBJECT: La Mat Avenue
It was my understanding that the City Commission had promised that
La Mat Avenue would be improved as soon as possible and within the current
years' budget. Approved preliminary estimate of the cost did not exceed
$100,000. and your latest memorandum indicated a much higher figure. What
has changed to cause the higher estimation?
I would appreciate a proposed time schedule for the construction.
If the Commission needs to meet to allocate the funding than we should discuss
this at the next workshop meeting,
DSC:iam
cc: Mr. Reagan, President - Tropic Bay Homeowners Association
Mr. Robert French
T 'c i::-~:"T Al'.'.JAY'~ MATTERS
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MEMORANDUM
TO:
WALTER O. BARRY,~ITY MANAGER
/~4 /'( ~------~_
FRANK R, SPENCE,-tIRECTOR, DEVELOPMENT SERVICES
FROM:
DATE: JULY 6, 1989
SUBJECT: LA MAT AVENUE IMPROVEMENT COSTS
-----------------------------------------------------------------
BACKGROUND
The subject of improving La Mat Avenue surfaced early in the year
when residents of Tropic Bay appeared before the City Commission
to request upgrading of La Mat from Federal Highway to Florida
Blvd. At that time, because of a previous commitment to Mr,
Chaimberlain made by the Commission two years ago, this area,
known as Enclave 50, was not going to be annexed into the City
until November 1989, Subsequently, due to a change in ownership
and circumstances, Enclave 50 will now be annexed July 25, 1989,
ESTIMATED COSTS
During the ensuing period staff has developed the following
estimated costs to improve La Mat Avenue to City standards:
$ 100,000 &/ F-
80,000
20,000
Paving & Drainage
Water & Sewer
Landscape/Irrigation
$ 200,000
Water and sewer lines need to be installed before any paving and
drainage can be done, There are no funds to do this project in
the current fiscal year; however, this project could be included
in the 1989/90 fiscal year Capital Improvement Program Budget
should Commission direct it be constructed then, The time frame
for developing detailed construction drawings, advertising for
bids, review and award of contract, to start of construction,
would be approximately four (4) months.
COMPREHENSIVE ~
In the adopted City Comprehensive Plan, on pages IV 15 & 16, the
time frame & funding source, and cost estimates to do the
complete La Mat/Frederick Ave. area are as follows:
Water & Sewer (Revenue Bond)
Drainage (Revenue Bond)
$ 456,000
700,000
1992/93
1995
RECOMMENDATION
Staff awaits specific Commission direction and identification of
funding source to move forward with this project.
:dm
B:LaMatAve.Cost
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M E M 0 RAN DUM
To:
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- Development Services
Group
Frank Spence, Director
Via: Lula Butler, Community Improvement Director
From:
Nancy Davila, Horticulturist/Special Projects Coordinator ~~
ESTIMATE - WEST ATLANTIC AVE, MEDIANS ADJACENT TO HAMLET
Re:
Date:
June 20, 1989
You requested an estimate to landscape 100 feet to the east and west of the
Hamlet entrance. The median to the West is roughly 660 feet in length and 18
feet in width. The median to the east is 430 feet in length and 8 feet in
width.
Landscaping only 100 feet in either direction, therefore, would improve the
appearance of only a small area, and in my opinion, would draw attention to
the unsightlyness of the remainder of the median if this were the only area
to be improved.
You also requested comparative costs of sinking 2 wells versus Jack &
Boring, The median that is only 8 feet wide can not accommodate a welL A 4"
well and submersible pump could be installed in the larger median with a
Jack & Bore connection nose to nose through the two medians, In any event,
Jack & Boring would be required to provide the electrical to power the pump.
Various scenarios and cost estimates are provided as follows:
Estimate !2 provide 1 ~ ~ ~ ~ ~ ~ Bore, Landscape entire medians
immediately !!!! ~ ~ of ~ Hamlet entrance
4" well
5 H.P. submersible pump
cost associated with pump installation
200 feet J&B 4" pipe @ $28/ft
130 feet J&B water connection between medians
Heads & piping
Sod for 5' perimter around large median
Shrubs & groundcover large median
Shrubs & groundcover small median
irrigation design
asphalt removal large median
$ 2,500,00
1,500,00
625.00
5,600,00
3,640.00
3,000.00
1,000,00
4,000.00
3,000.00
250.00
500,00
$25,615.00
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Estimate ~ water supply provided ~ Hamlet. Jack! Bore electrical only
, ,
240 feet 4" J&B (wat. & elec, to each median $
Heads & piping
perimeter sod
Shrubs & ground cover large median
Shrubs & ground cover small med
irrigation design
Asphalt removal large median
6,720.00
3.000.00
1,000.00
4,000.00
3,000.00
250.00
500.00
$18,470,00
. Estimate ~ landscape only lQQ ~ immediately ~ and ~ in medians
'240 feet J&B @ $28/ft
Shrubs & ground cover 100 feet west, no sod
Shrubs & groundcover 100 feet to east
Heads & piping
$ 6,720.00
2,700.00
900.00
600.00
$10,920.00
It is clear that a large part of the cost is associated with providing
irrigation to the medians.
c: Gates Castle
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[ITY DF DElAAY BEA[H
100 N,,^: 1st AVENUE
DELRAY BEACH, FLORIDA 33444 .
407/243.7000
MEMORANDUM
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P;:;:;1
TO:
Mayor and City commission
FROM:
City Manager
~I)-~
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SUBJECT:
EDUCATION COMMITTEE
DATE:
July 7, 1989
At your June 27th meeting, the Commission discussed establishment of an
Education Board or Committee to monitor School Board activities and
serve as a liaison between the School Board and the Commission. A
number of other goals were established for the committee all of which
were designed to assure the highest quality public education in the
City.
At that time I suggested a tentative composition of the committee.
Subsequently I have discussed this in greater depth with staff and
would like to propose an alternative. The two staff, Director of
Planning and the Director of Community Improvement would serve as staff
support for the committee rather than as members of the committee
formally. In addition to the three already suggested, the remaining
should be appointed by the City commission. In addition to
Commissioner Brainerd as a Commission representative, Mike Plum as a
Chamber of Commerce Education Committee representative and either Tom
Fleming or Bill Mayer as a representative from the housing industry,
additional members should be appointed for a total of eight, again with
staff support from the Director of Planning and the Community
Improvement Director.
WOB:nr
CD S( C-:J
THE EFFORT ALWAYS MATTERS
C I T Y
COM MIS S ION
DOCUMENTATION
TO:
WALTER O. BAR~, CITY MANAGER
~/}~
THROUGH: FRANK R. SPENCE, DIRECTOR
(JLOPMENT SERVICES GROUP
I f:. ,\ ~ \lOUc-\
FROM: '-D ~ KOVACS, Dl-RECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: REGULAR MEETING OF JULY 11, 1989
COUNTY REQUEST FOR MORATORIUM ON NATIVE ECOSYSTEM SITES
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is to respond to
an inquiry from the County Attorney as to whether or
not the City will ioin with the County in an interim
moratorium on parcels identified on the Inventory of
Native Ecosystems in Palm Beach County.
BACKGROUND:
Attached is correspondence between the Office of the County
Attorney and the City Manager, In the most recent correspondence
(June 28, 1989), the County Attorney has asked that the City
commission make a formal action regarding participation in a
moratorium on the development of select native ecosystem sites.
The moratorium would remain in effect until after a referendum is
held on the County's "Decade of Excellence" Bond Program which is
scheduled for voter consideration in November, 1990,
Sites within the City which are affected are as follows:
67N Delray Oaks 24 acres
26 Hurricane Pines 5 acres
83 Lowson Scrub 3 acres
69 Delray Intracoastal 12 acres
aka Park of Commerce
west of Gulfstream Hotel
north of Linton Square
Yake property ++
Another site the Delray/Tropic Palms Scrub consisting of 11
acres has already been already purchased,
Each site is identified on the attached map,
Comprehensive Plan designations/recommendations: Of the above
four sites, three (Delray Oaks, Hurricane Pines, and Delray
Intracoastal) are identified on the Land Use Map for development
purposes but have a "conservation notation" which draws attention
to Objective B-1 in the Conservation Element (Page III-A-13 of
final draft). Objective B-1 calls for efforts to protect these
areas, Such efforts are limited to sensitive site planning.
During the evolution of the Comprehensive Plan, financial
resources dedicated to preservation did not overcome demands
generated by other needs and there is no commitment in the
five-year schedule of improvements or our "Decade of Excellence"
Bond Program for acquisition or leveraging,
The site identified as Lowson Scrub (3 acres) was not included in
the Comprehensive Plan because of its limited size, it's poor
state, and the character of development around it.
L~~I G
To: Walter o. Barry, City Manager
Re: City Commission Documentation
Meeting of July 11, 1989
County Request for Moratorium on Native Ecosystem Sites
Page 2
RECOMMENDED RESPONSE:
With respect to the inquiry about ioininq the County in the
moratorium, I would support the request since none of the
identified sites have development proposals in process nor has
there been and development discussed upon them for the past two
years. Thus, there is a low risk associated with participation.
Also, it is anticipated that the moratorium will establish that
an ecologic survey and concepts be explored for preservation
prior to granting development approval. These concepts are
embodied in our Comprehensive Plan,
With respect to other inquiries i,e, willingness to provide
matchinq funds, there are no arrangements in the Comprehensive
Plan to do so. Thus, unless additional funding sources or
"linkage" legislation is enacted our response would be no, at
this time.
ACTION TO BE TAKEN:
The County Attorney's Office is to be present to discuss this
matter with the City commission. Unless new information is
provided, I suggest that the contents of this documentation be
endorsed and forwarded to the County Commission as representing
the City's position on the matter.
Attachments:
June 28, 1989, letter from the County Attorney
June 2, 1989, letter from the Director,
Environmental Resources Management
City Manager's response to the June 2nd letter
location map (for review in the City Manager's Office)
REF/DJK#46/CCECOSYS,TXT
.
JUL 05 '89 10:07 PALM BCH CTY
'='.':
uoard of'County COmmillioner.
c: 'rol J. Iilmquisr. Chairman
Kiren T. ."larcus, Vice Chair
Carol A. Roberts
Ron Howard
Carole Phillips
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Counry Attorney
Van ~. CtlCl,;,
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Junl 28. 1989
Waltlr 0, aarry. Manaler
City of Delray aeach
100 N,W, FiraC Avenue
Oelray aeach. FL 33444
Dear Kr. aarry:
Wa apprlciated your rllpone. Co our let tar of Juna 2, 1989. in which we
raqualCad informatiOn an your municipality'. plana for protaction of sitas
idantifiad an thl InVentory of NaUvI ZCOIYlce. in Pallll Beach County. We
alto a,ked if you .erl plaaninl a ~nicipal referendum to obCain funda for
purcha.e of th..a aDYironmentally .an.itive land. and vblth.r you would be
villinl to providl matchinl fundi with Pala a.ach County for such
acquilitionl,
Your ralponll wal cODYeyed to the aoard of County Commia.ionars at its
lUatinl an June 27, 1989. At that lIIIacinl. the aoard conlUand various
mealurll for 1ntlrtm protlction of 11tll an tha Inventory until the County
.pon.ora a raf.rendum in November of 1990, The 80ard voted unanimously to
dirlct tha County Attorney'a Offica to prepare an ordinance that would place
a t-=porery moratorium on all devalopment on theae aitaa, Thl moratorium is
a"lI1Ud to have countywide application unll" in4ividual lIlUDicipal:l.ties
chao.. to opt out of ita provilionl. Thia ordinancl is .cheduled to be
con.ider.d by the Board in late July or larly Auruat,
The Board alao diractad County .taff to continue axplorinl tha
POll1bil1ty of intlrtm financ1nl for the purchall of the aitaa expacted to
have tha moet IIvan devalopment pr..lurl within tbe nlxt 24 1IlDntbl, ;..
pan of thb effort, they "ked Itaff t'Cl contact ~n1cipal1t1.. with aites
liltld on the Inventory, to obtain ad4it:l.onal 11lf01"lll&tion on tba current
ItatuI of aach IiCI. Tha leaff of the County'. Envir01llllntal llaaources
Manalamant DapartlUnt will .chedule lUetinll with tha plannen of tha..
mun1cipalitiea by July 7th to datarmine thl followinl information far each
11tll nuaber of parcI1I, current loninl, futurl loniDl al indicated in the
municipality'. comprehen.iva land uaa plan, praaant and anticipated
davelopment approvala for .acb .1ta, and eatimated value of the .1ta (co.t
of acquiaition), if known,
, .. ,...n I:q\lal OpporlUnity . Afrlrmalt.. ,...ction I:mploy....
BOX \989 WEST PALM BEACH. FLORIDA 33~02-1'.l89
(401) lU.222J Suncom (407) 273-2215
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JUL 05 '89 10:07 PALM BCH CTY
;::J, ~:
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Intaria Moratorium
Juna 28. 1989
Pa.a 2
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-
.
. - Tha Boarel of County CClmmillionan r&!lUUtl that tha Councll or Iloard of
your municipality con.idar at ita neat m.atinl whather it will join with the
County in tha intadm moratodum, alld that tha naulU of that vote be
provieled to the County by July 17, 1989, If you have any quuUonl
concarnins the _ratod_, or it you vbh alliltaDce fr01ll County scaff in
puaant:l.ns thia nqullt to ,.our Coundl 01' Boarel, pl.... co,,>tact Ii chard
Walaaky, Director of the Environmental "Iourcaa Manalemant Department, et
355~4011, Your I:elpon.., dthar verbal or writtell, Ihoulel be provided
dthar to Mr, Walllky or to MIl. lathlean Brannan 01: MIl, Lil1da G1IIto11 of hie
ataff,
Thank you asaill for your alliatanca. We look forward to your re.pon.e.
Sil1ceraly,
u..-.~ ,~
Van B, Cook
County Attornay
VBCIGPSllw
CCI Commi..ion.r lar.n Mal:cu., Diltrict 1
Commillioner Cal:ol Io'oartl, Di.tl:ict 2
Commia.ioner Carol Elmqui.t, Di.tr1cC 3
Com=ill1oner Ian Bovarel, D1ltric1: 4
Commilliouer Carole lhillipl, Dilcrice 5
Jan wincera, Councy Ataini.Crator
Dava Wooel, Direccor, Office of Financial Klmc. , Buellee
Donna ltr1lcapOllil, Dinceor, Uaull1ns. Z01l:l.n1 , Bullelinl
lob art Olaan. Diractor. Property and leal Eleaea
Richerel Walelky. Direceor. Environmantal la.ourc'l Klme.
Gorelon P, S.lfr1d.e. "e1aCanC Coulley Attornay III
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