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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 t1 J~/I(~ 1P'1J-l~ ~ ~L~~) ~.-fj ilL 710 ~ ddcu,;Jl ~A<</;)'P ~~~ ~ c.Ju.-, k frY~~ ~ {~~ ..w~_ ~ -.-..----.-.----- 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 11 ., r'" )[/ ',! F,lv\-, ':(.\ N ~-':!~!~! ,Jatl~ : :1a~.' ~J, ~~)E:,:l 1T'!""l. .. .I. 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 : . 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 . , 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 1 . " , . . j ! I I \ \ i I I I i ; ! , , t -- 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 /1 , ) -~SI~fi';~ _"=:.1-______._____ _____~Ll~. ~9_8~___ _______ __ ATE . , , i ! ! , 1 , I , , , , , , ; . ~ ,i 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 . t i I ! ~ , ~ i i. ..--- 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'( __~_ _ _____:s:~___ SIGNATURE March 20, 189 ------...-....- -------------- ATE . .~,I'. i I . . ; . , I I I ! j , J i , . ~ " : / /. // ~,.' 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. . ~ /.'/' ...;/ ;;/ I- I . t /' 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. , . I' " J.r" 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, i ~ / ~ / / ~ ,. ~., ~ '" , ~ 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 Am l' ~ '-I "'\:,~.~ ~;:::" aEi ~:::: E=E== -:; ~ Q 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. .... ,C".~"__ , .-' i I I I ! j 1 i ; f! .--- 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 . .p~ - J.. ~ ~elloI...I. .I J ______ ~TiRE ,__~__1, la"1______n TE . ! J I t { " , 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 . ~ ~ -p_. 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 . i i ; i . r j " I L . . . . , ~ ~,-ry \2..:;M lli! SS: I j '\" - c . -r '';'" ~ ~ Ii ~ '"' ,,:. ~ "'...... C. .Ii,. - 'J 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 \}.;/ -'-- \SIGNA ------~, II 1988 ___L_.....,_____...._ lATE \ , URE . ~ , " 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 . 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 I ! I I , , i I I 1 I I' I ! . ~ .;J 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 2 of 3 . < - --_. . .. , " 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. . 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~! ~ 'i T --, .. 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. -----~~~----------- I ~ . , i I ! I , , , . . . , . , ~ : , , ! , . r t' , t ---- c ;?,A CITY OF DELRAY BEACH BOARD MEMBER APP~ATION NAME ---------- -------- 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 ~e- J :, . .' I 1 , , ! " i , 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]~ _~___ ATE . ~ t' /~ 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. . ~ . I , , j , , ! , , ! , , ! ! If ! , , ---- CITr Of' DURAJ DEACII .Il.QA1l.lLllEllilE1L.AUJ.l Ul.1 !lIL '. , '/,. J~ ,,;1,. , -'f,. -"""l.. .... .., 'o~/ 0'1 (.'/, ----------r;.f--,--~ 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 ~13.A: 7 ATE . i . . i i . , I , I I ~ I j t' i ! . . 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. , , r I I , , j ; i , l .l j " ..---' 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 . 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: ., .' CIVIC: 1973-present 1978-1980 1983-1988 1985-1987 1987 1987-present 1987-1988 1987-1988 : 1989-present 1989-pre,sent RESUME' " - ..' .' , ',i .', '. l'-J' ! \ .':.,. "':'~4 'j. ~ 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 I ! I I 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 --~--~ / ' 0,_$ 3_ _ ______.._ ATE . i i I I f ~ .; i It' ! ; , , ! 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 ' . .'4 " 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). . ~ ! i ; --- 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 . ~ f , , 1 , , , I i j , , , : , . . 1 i . ~ " 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 . J i I 1 , f " 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 t 1 I . < ~ tl . 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 / / >:- {k}j' , I ; -: I -, . ' , " Jr.'l Slr--~;"1 .0_.. . .. " . , ~' - ..- ..... '. ~ ~ t--AJl~ I~~ "'1:... '..,.,... 'I :.: :I.' I '''''''1' .~,-.... .. '1 P'lI' I I=.,,......~.... . ""'..... --......-.. ~:- ~;-; ~. T~' == ':-~-11 v. i-72 ' , '."1,,- s;1 .. '. ,--;-0, ~ Fi l,,,,,,~ . c '. . Gig . r .. '. --, "''-~~~HT,.": ' " ~.., I. ." I' 11Io..o.,... .. ..... ( ~ .. r. !lJ / , . . . . . ~ . . .. . . '. " ... " . " ,1 , to , .. " , n' . p, , 10, ......... .,', "'...,.....: ..;~.;-,:~~ I -".":tr , 1C~, Ji' ,~ '~I':1--- '4 .... 9 J '. -:;--?~- ~'.. ~l . L<,; , J-~-_~_d -:-:-- ~~ ; l; .J{i: ... . i.-:-". ~ t ' ;: , I . .... - -:J --I ~ -~ ~ _.~ '- NI---C I -.: , ~ ''"'- ~ CONDITIONAL USE & SITE PlAN APPROVAL UNITED METHODIST CHURCH HAITIAN DAY CARE CENTER GI,,/),/ ,J,ev.-"'J n€~lt'l cJ,,,,,~, JM-{ 01"1 ,,"^"- ce",iu> i' ~ I . .... :~.r....- .., ".. ~-...... . "",.., .;'~: " " : ~ S,i,.J.- ' (p 7'11 31"eEeT ..If~ I . . ..-- ie' .. I" S; .: I r ;.., , _, 51 ~- . I ::l .1( .f ! J I ~a , ~ g~ I iiri :,1 I , ~b I i I (, i r,' i ! .J I <, -..j, -I - .-' .1 o. !I .,. " , ')L-----.' .-~ "!Wi :.i' ~ .;1 Ifl .. II ' - u' ...: I ,~-. .:: / "_ I ------- ~ " ., ,. ..j iii :~ i a . ~ ,J I , . : 0 , I i 'I II Ii i , I; " I Ii lJ . I '" ". ~ ~ ,~ \) ~ '" ~ I- ~ r 1 ;j r :~ I ~~. -c: i-- _: . ..... I i-~" .' !I .,j: -.. '--' -.J ' .. -<' ~ .... ~ , I . I, I I . "J"l'",,- ,.. , ,,' "; Ii) , !' ~'..., . (,"i ~..;.' ; . -.... ~ ,,,u'Q"r . ~..:: . ' F Vol ~!I !:. , , , .;. I { : I ~ "} . 'I " j-T ! o , . 7 . ' I" , ' , "'t I ! << : I I , , ,.J ~ , ,,' J) , I ci r ,- , ~ ': 1 ~ . , - " . .L i I j.' ' i'.', rill, :~~-""~l '. . ~" .. . . . .~ 0' .1 ., ,I ,"I(I #' :~J I .~ ;; I . t . ~ '. I I , , I I I' II , ;i II i , t I J I ! i. I I I I ~ ~ 0 I ~ I . . .~; .::{, ," ,~ ',;, ~: . 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 \ I 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 o ~ 11?- [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 ') ~ . , ,\ r;1j:p;;'~"F~T 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 l . o 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 l . 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 l << , 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 - $50,000. Recommendation Staff recommends ratification by the City for General Engineering Services with presented in its original form on November Commission of Camp, Dresser 5, 1987. the and Agreement McKee, as RJJ3lsfd Ii ~;~ :" '$ ~ ., :~ 'f ,.. :.:: . :~~~. ." \~;?i .-" "-. ....-.~-.-.-... -.. . . ..,' .... ~..~.._.. " :'.-: '. :"';~:::.! ,'," , '~';,,:...\:)'~:,. c. . ., \.J' '. , . . ,-' . ~~i8.aii'ftll.alilllil.ICI'~," ~::' .'~ .~~.: 'i.'~."': :.":~!.3:.A"'';;):' . Thfil,..Alr....at i. .ad. aad .nt.nd into thi.S.sh- d.y of . ~.:::..; ,.;' ......... . ',~ .:l".. '.. ....... . ., '. NO'll8l11ber......:"""lh-T:,:,ht~:.ti'a SOlJTH ~HTUL nCIOItAL'llASTEIlATn ' . , 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 ............ ....... -. .... .. the "EHCINE!R." WIT N E SSE T H: WHEREAS, the BOAID i. d..iro,. o'f retainia, ENClIlEER to ! : provid.. profe..ioa.l enliaeeeial .ervic.. oa an .. needed b.~i. by the 10ARD; aad . - . WHEIEAS, the p.e,ti.. ar. ci..dro.... of providial for ~ ..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 .,. .~ project. to be uadertakea by the ENCINEEI at the directioa of the BOARD. . '..., .' '. .... '" --.... .' ':' 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. : -'. '. .' 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: . ! I j .,It.1 ~!~." ), . ,. . ,~ ;~'t . " " :! ,ij " '~ . 1 J I j; " , il ,I ;1 'I 1 I , /r' , , , ~ i , , ;, .' :.- A. 51..1. K...I....C .1.. t.'l....e.clo. .b... .~~~.~~~ . I. o.oe Id..cifie.cloG. .~.l..cio. ... .b.te..at - c.. Exi.cial'f.ei1iCi.i. .~.l..cioG ... e.f~ebi.b..nt \ 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 I 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. . 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 ... - Exec~tiv. Oir.ctor of the 101.&0 i. ...ila.t.. .. the 101.&0'. liailon vith the ENGINEER. Th. EKGtKEE~ d..iIQate. Donald , 2 " / / im~ " " , . ! I j , , " .. " . . Kunk'laard a. it. tiai.oo vitb th. 'O~ID.. . "0:1 ch..,.., to . '. ..' . ,,' ~ . .... ......"'#- t .,.:~~;~;,.o;~ . . " ~,,"~; !. above d..il~~ioa. .ay b. provid.d to the otll.r party ia vritiac. '.'" ~ . 4.. Th. .ethod o.f pay..at fO,r tile .ervic.. r.ad.red' by , ENCINEER .hall be a. follov.: . 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( -."'-. . ....... _._-'~ ~~~~~:};~pa.,ae at ": .,a~. b"\:H.:~~~~..-,:!~~!~.':'~r=~~.!:lJ:::to"t lu ( - .~~:~=t~~~:.:~~ ~~' ~~, e !:-.:.t ~,acl_~ ~.d _ ',0 ~.!...O.~~~'i4l-r!~~~:~~c 1 u ~ i' a I t .....,..... . -;rfli.i'!5!~,g.~~f,...) ~7,:~la.r,ce~,::~..':.'~1!.., ~~A~~,:~: ~!'.~l~c:;:~~.~~~t, i P ~.~ ~d ;blr --:'!'j :1[.,,1;.",,~.n.t:'t,!:~aal.l.,.: t,h.,:.:'IOUD-..han--p"T::'tO'-_t'~~~~"'~t..~ , C) tll:~r~".!.r!C9'iIit~of-poc Ir...t, ll~.p.e.-~."'~'~,:::~:': t",~~.~.!~~,-~~!;~,~~_a~ . .---- . f..=v.1i'ococ-oP7' char I..,.... t.rill-;~r.pro.uct~'o,cc:,e,la.1:c:..,:'.i leac.,:- . .. .....,.. ,,' . '............" ............."...- ~.,... ~ - . ~~~~~!,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..- . . C. ..y..nt .hall b. aomtbl., in .ccorelanc:e vith ".. -iavo ic.. 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 . .p.cific: .ervice. for individarl ,roj.cts the EKGIHEEl i. e1irecteel to p.rfo.:a by the IOA1D. ' Such .p.cific project. .h.ll , . .. 3 1 I i . . . . . ,'. ~. *,# fI!I '.. : j,i ". " .:' t II " '\ , ;, I i . , i ".. , I ~ l I j . , . I , I . " j" -' be oebe~ ella" ello.. of a I...cal co.a.lei., .at.te. 1. Cb. e.e.t . of . .p.cific projece, the 101.&11' r...~... tll. richt to ~.'l...t - co.p....tio. for .uch .p.cific project to be ..coti.t.d o. .ith.r , . 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., . - . .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 , 4 --.:.:....;..:~~ <ll!'." ~ <f ' i , . . . . . J j , . , , i . I ! 1 ; i I I } . ... ,. '! ... , , I ;. , ,I .' I i " . " 1 , :\ d " ".. I ; , , " clai..i 4a.ale., 10.... aa4 .ap..... iac1adial acCor.ey.' fee. .ri.i.~ ouc:of.or r..u1tial ther.fro.. .- ..-~ .' '. ~,j;.*,-...:.i.:" ... ...~. adaptado," :~ill' .ileltte . ~':c-,.....~.... 0- .'~' . ~ . - . b.,acreed upon by the BOAaD aad A.7 .uch .erificatioa or EMC1MEE& to furtber I I 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. .,,$4 ;;::fY .- - , s I ~ [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":' . :- J ~ \G . 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- '-',.- , , 'II~ 1 ~ 1989 '.Jt.Lt'1...... 'f dl:.kLi~ --!~t:. 0EPT I , . , [ITV DF DELRAY BEA[H CITY ATTORNEY'S OFFICE -"'!I{li r ,-;: i :l/il'\~ i:1 \(IL1!()RI/)\3q~_\ ~,,' :..L;. -, "i , ; i ' I 'I'll 1<' -1.' I ~ ~ "'-4"';:; 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 <1.- "'-S.>, ~. SO. ""'-4- " P.0.8. f" 'II II I " S 00'37'55. E 223.50' ~""6' ~O. " \ \ \ \ \ \ \ \ S 03'26'06. E Ir 399.82' \ \ \ \ \ \ \ \ S 85'20'4r E Ll-L -== !!!.~ -- SeCTION /8 SEC.TlON 1<] - " :1,.rL"N'fIC"~~ -r '01 fJ . '.:)?,t.'otlO i ~ \\ ~ ~ UI F): ~!.r:~'I, 6\ r;..., I ..I TIllS J08 Ii '-0""'..10 ; N ~ t :\ ~~ :I~ "'c_~ \ t I I3l 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\;-\ ~ ~ '\\ ~. S 25'32'30. E /., 248.58' --"" \, ~ )~ 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' \ \ \ \ \ \ 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-+ . . . , . , ~ ~~ ~, , ~, ~, ';' . , . ~ '. .. $'SI..JJWEY SOUTH. , INCOIU>\)llATED . 101 S.E. 6th Avenue. Suite E Del~ Il<:och. Florid. 33444 (305) 276.7341 , , ..t ,\f. .~' ." ~.~. ~:..1' " r. .' .. , .. #U'# !=A16.WAV$.(JN TN. 'o.~~'W" ,,,rs()ilt .1."". . .; . , ~' ," , " " o~ . . ~ . . . " 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 . ..~ l~ .-~- ;, .!JcfJ i 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 l C\ :~ ~;, 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 , . i . ". z ,..t:.:.............. CI.. B , , 7 7 I , '0 I " ~ . I ~ , , .......... 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. r TEM:.n::-. D .:_ _ u_ r - - .--.-- .. .:: ~, .... .-,. ':~, <:i, i } t ; I / , '.:! ,..I , , I~ I I; " I h '\ I- ,', 11 ~; > ( r. 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IV ~. tiC' tI. . - ,..... o o -- .. .L 33&.L S H.J. 0 .. "(/ 1,""" '/C'I' " H ,~, t' ::: :t '~, .... " :.j. i l / . i i 'M'S /'.07....,g (1/0511107/ . 'I 1 ----.- :!f ~;;. r ~." .'" ::' - ./ : ~ i. +- ~.. 0=0. -,"~'. om -.,-,f" ,o"t'- i . ,.1,11 -:. , ,lrUt .. :.'l ~11iTl . .H....J\"o'! 'CJ...,t'. . I ~ . '.II" ,....... ,.... el ! i...IU",'f'II!l~ '"'IlJ"j l!l ~:q! if:r 'a~~'1 IILje I '\11 II 18 . o ;/ : ~:I ~ II_ ,-I ~'i_ -10 --'0 o . ~ <' CI.l I c.J 2 ~- it III ... oC . 1"''' P"'""" r~" I'll 'Ii' (11 II I, II I, II 'I i ~ , . . . , .~I . , , : " . . , ~i i~ : 4 f ~~ ~t '1~ ?c ," , . . \ '6 CD ..., I ~~~ ~.j~, ".~~. ..i . I I --.._- j - :fiT I .01,' O'C "'&"c'_~"'. --I '\ , ~ ~ ~ " :' - rr I I , o o ----.! t J e,:: il 0 0 . .. - . . '.- n'" '." . a . ..... ~ ".. III ,....-~r'~' n '"lr1r-.,-,f" I I j I ~ ' I' I; I, I. '" , 'I 11.< , I" n .t?ttJiJ' I :',.rrTl'l --'....rl",n. 'I , -~ , ----ll , ---1ll -J, ~jl : ,,.. .., _.~ . ~ : ~;~'.~ , ';j ,f 'r--- ---,----:tnr- I , .fi~:F,"i~ : -'1 l;~.... :j:t: H- -'1 , : _-J I . _t"J, .. . o "- ~ ~ ;: , "0 .. "'.. ! . ~ ~ ,:-~ I: I' . ~ ~. -. ~ . , . " O'U . , - ~ _ .... '. ..__ l ~ j .'1'"1"" -. . '...., .1. ,..r..~ , ..J HI' '. 'Yff If''''''~' nf' :1'1'.- (HI ~o" .0.. .):4'0'" , ., o. ., ~ IlS I.no~) -:O^1S NOSMO' r :::. .:: .~. :-;: ! ':~. ; t i .../ :-:! 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 ~ ,: /1 ~j IV: . II I , I ~. '" ! I ---j I .... ~ . -- I, '" " , 0- .RAY :ReE,,, 'ER :~ (- .It ~ I ~,IU ~~- pi I I --q I IN I , Ii ---< II :'<j ..... I C'- r' I :, ~ h.. 'I' ! CJ) ctr 4J ....... ~, \ ""'- ~ ' "~ ..' -~--- ~,...........- i~ '~'~"'-~~~~-~.~~.: 1-:' ,.. .._!rf.~._ ~~ -....-. - ,. . ,*, .I,:.:.....~ ._,~ !r~~'''---' ___ ~._ .. .' .:J,:,t.:........ .:d. .~. - ~ L,'" - .i ~-.lJl.,r:=:'.,,-..-.. =:1-~-. . : _ R~I t. .4u"','~.. : :' --J , .,- .~)F-;;.:.::,-..:1~1' ' ,--' - ~'~ ~ "~:~ -::.. ~ --- . ~~jT ,. j L.J..llij~ I \ J . : ;r::: ' 0 : ~Bl: h ':...; -~.'~~}- . - - >-:----;-. ~:"'-f. ~ - ~._. 0.:' ' "--:-9-:. r ~&- ..... 'J ~~ ,lli<-P;j" '~:lIOsr~IIT. .~. --,-,=. - . . I. Q I t _---...., .,.....,.,., , _' __0 -,~. ,.' ....R OIlS , L...., '_. ,,"'_ ,. " . '-:"1'''''' , .' J I -" !!!'!__ _. ., . '. . , "1;--- . " ,.,...,...... '''. ,,__ e .. ~,~, . ',f ~ f-----:- " ' ".n'~".'~ Lu:~'" ~ ----.. '91.2G>tT~i ABANDONMENT OF UTILITY EASEMENT ti..;.f~: BLOCK 8 - DEL BEACH HEIGHTS EXTENSION I-'~~l:, SECTION A & B i~B~ ~~:]T.:i~;1 :/ I . d :, , ,I 'I J , 1" a 500' '-.... i"l Ii ',,- ~--= - ~ / /' I J . II J , , , , , oj, . /' '- ~ ,./. .---- . ::-~. .., '-.... . 5 ,./ '- ~ ,.,. - -l" -i:+ ~ . " \Or " ~ e J //" ~ .~ .. I Eli - , ., , , " " "-. - ~ .. , . .. .. !I::' ..' I \ ) , ;..;,i 6 -;.... :' _~ c:::l....".,. :-~: ;;. ~ ",-,.- ;-~ ~~-~., -~ ~_~loJl~=' ~':~ '~~.~ - ~ '~~W.OO,DS~ 1 V', t',;~:- :~'~ ~. ~-.~j,~ + / ,......' ~T'S, , . . .,'. --r--:-' --~ ... -.,~_ -1.;~~ , __........~_~ _ ; , ~~ TEN ~HIRD ADD .~"-'. I';, ,-.;1'/ -,'~ .,- '7i ~.~: ;W B "'" h3 r . _I ~~ _---;-~, ~ _ _ > -" v ~. ::" i-----i <-':""::0 (., f:; ~. ~~q~" ~ I . :I,~C~ E-S ,~.: / L.-. -.- -I i-'~ : -,-~~....",-:,.. ,- r- 1l"="'. _.~.'~' "'>1.~'~.:10 .~:,,:~:'L. ---K :~~~ :, ~,-~"~'~"~"~';;~.' '4 .' ~ .~ 1 . ~ :.1~", "\...-____-..:~ ~~ ..-.:._.)!...... " _ _ l...t. . .'....\ ", '0,/.... ... )0..1 be .j .~~ _ .~....i~I: ~- . -e*- ~~~ P6- ~-i" q.:/~' ',..-- ----- ~ ''''''-'-' ;-1:-/ <..~....< ,0 ~ Y;' OL:' ,. -;, ~. . ~,(.t", ..../~. "'1.7 .. .. ".t.k., ....,. 16 ~ I. .~....- .....-. .Y~j'~--L ~ ~.I ~'-.! , , r 'Ii' . ~/. . \ ,.".-- -;:...:...iE<'~_3-=.,;_;...-......, ~--+,;.v ~ t....... r, \ j' ':'l-j J .~.~~'" Jj . -:..-" ~;,,; : ,~ t~ ~ ~'~" '~~'(' :I ';L- ~G .~ / f..~.4~1 ~~~. s .) l/).~ /~~^ ,,~&, ~ -: I ,; ..;~ ' , ",>,.', '.t";t,. r.' ,j"~ ~- .~. ,"'" (' ',/..-. ~\ "4\ , ..,. '\ . 1''' '::' , , ,..~~ ' SO LIT.... 't _,;0 '. -..,...,. '.y ~.~ ., PIIRK AIlRK TEN , TEN : 2CQ F~~;T . ADD, .... B 49 PG I""" P82 .. " .. PAf'-<. rEN dl( 4! ;;1(; 138 . l . , 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 ~~ ~r .' .:.;".-, t 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~. I. . @ -J. " IMIc TEIo "''''T ./' .. ...- 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, c - -- ------ " l( .........., - rd."", PoC,P. I'" P..'I~'~17I s.w.. 8t,. STREET - - ... ,...... !!fAcT A . ADDITIONAL' IIOAO lVW) E t = . .. TRACT . B r' .' ~ ~ .. ... i III ... .. ~ " laI III ;::: a .. ~ III, - ,~ ;:: uti ~ CII- ~ iii ~ 1 ~Q, (J . . . u . 9= - ~ III.. OCl II) -. ....N ClaI - "(\I ClaI 'e - II: ~ " - A: . tit . uS I I c , I z Id " u' 141.00' S.W.lOtIlITREET .::" - - /----- 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 ::~ ", ~. I 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. " ~'" AD R -1AA .. . .. .. oe\.9..~'f 't:)(.ec.I.4"T\~ E . TO"tlN CEl'l'lt~t ?\.,,"Z,1:l, D 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. ::: .~. ..' :::. i I .:.;. .. I I I ,j ,.:" :~;i '" " <[ '" cr u <[' ~ '" C ~l ~ . I , .......- I I if: "~~o~J i MOil. - I - , ..., I .,..., I ;" M.lN,l.lON I; I . I I ...J L.___ -,Ir~-- I. \. I I . ~ I' 111- I' ;!' t I I 0 I I 1 Z I " , I I .ll · I ~ II , ~ = : !:I~ , I - I .. .. , ,-.. "...- :11 I I I I I I I' l' , '0 o o .. z fWrll~, "", M ~J.~lO.' _ - - - . - - - - - ~6lt . -...... - - . \- ~ 6(; &.:, :,'r,rl:~~~-~-~ -~ I---~'~~-; ~'~--~JS!__~OJ:~':':~~~-.~ - " l.N~YJ DYdS NJdO ." :':, ] " !l 1 I." II " .80'~ 1 b," ~ - - - - - __t_ c"" ...L .(UK I IkJ I' i: lli ~ ~ i~' i: ~H i'~SI .. I I ;l;S 1'1\0 I , - I , .. :l,V I, , I , ......, .......- M .z....tz..IO N - - .~.L'KI J.,.~~, ...;-...... OO"""'~ 'OO'~-w !ll~ . .. :l 1 i c ... I r" " · II' PJI! L: :5tl~ II! .I.~ ~ F- ..., I 11.... f :! II I 1'1 ; IV ,I, I 1 ;a '" I III, J, ',I :: ( "'1111 I a. I~: r~~: , II ~- 'I ..8 'il r. I II .!lI 1:;0 ~;1 ~- .. I II ~~ ~'" I l-. II I.. I l___........_= ~ r" .a.LLlO N -r ....... ~ 'll ~, '" ;:~, I II!!' . , II' ll' ~: ~, 'l. ~ ' , , , ' , ' "....~,- "~ .... .'..c~~~ .. ....~~., I. I _ '~,/ , ~ 1,', , ' ........ 'll ~ , , I , , J1": I I r I I I I I ,I . ' ~!!>llw = !: c'.. r- S i N":O ; I hi c II'l ' :'0 ~'8 1 -- "" I ::.... , 0_ ~ I .. ~~ ::~a !! I · " - l--_JJ_____~.!..,ZZ--- ___~ 1._ ,CO.'" -r .o,,:,.z ---- M..n-..LZ.ION .., r-----' :w': .' 'I , , ~a I I iII_ ~. I ~di !!~!l!! ~ a'" . . a ~ ~ . b~ <!'- ii~ a ~ In I , . \ 'b" W ,0 ~ i" II ,li~:n= II _. III Ii a i'" "'z .)~ = ; Si ~ IIS8 ii' iy~.; : n ~t W :' I: /z ~~ ..J L __" i3~ .., r~;; z 1 I ~ ~ 1 l...___...JII.--~ .oc)"~~ l~~- ,-.. t! 1 r-- - = III ..oem ~ ~ . II ]....tz,'O. l.::! ~ ~t~.... 7 . ~ L___l~__ ,i'.'.I.'_----- ]~..I.z.&os --1-=.-- ~;; :',; ~-fr ------mj.---- -- ~ l: ~ ':: J......... 000'''' .. ~'~'_" , ~.. ~~ a..:: ~ '.. ., -.~ :-~ <5- ~ W W " L ='~ a I , , , a ~~ .OOOl ~ " i3 .ollIOl-YL ., ,.. .'"'~) l" . ~, I - - - --i . . I ~, . i!~ t~, ~c ~8 '. ~ !!", ?8Iit".~ .....:..", e_ ~... - 0 \ e '4 ...,.. z \.. '" Z - I ~ ~ - I I::::' ".o,..~,>~ . ol..'....... b ~ I .oon.. or:l:~ ~'" _~ ~JJ.:: II I I i3 . .. ..z...I.z"tON M...lt..l.l..tO" ~ I ~ Se~: . ~_";l i d:;'c, Z ~ ~I ~, %1 II '" . ~ II -I . ~ . , '- N . . , \ I ~ ~ - ~I ~I I , I I I , I", : I~ , ; I ~ , z I I --" - , , . , . , ~ a' a ;; ~l;: z ~I ...J ~ ;= ~ w " ll~ li~ ~ 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) .-- )' ' AD A ~ 6 ~_ "'r [Iry DF DELRAY BEA[H . ,;U " :; - ;~ il..':: :::'- -- ::"::...,.,--j -,_>~ j.:.. ~?J.J.-J 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 -~'6b T..." E.cc."T ALiiA'<:, MATT,,?S '" 0 M '" ... ... 0 ... , '" '" Z .. 0 0 M Z .... 0 M << '" -' :0 '" << .... z o M .... << ....'" "''''''' ....0 "-,, Z"'''' MXal o.tIl, >: al :000 0."', ....'" ....<<0 "':0 '" z . "''''0 ........Z tIl.... <<.... '" u <1:.0 W >:z.., O'~ 0 XO'" ...."'0. .... U '" .., o '" 0. l ! , ~ ; , 8 , ; Q J '" ,., Q .. ~ .. -; ~ ~ <3 ~ 8 ! ... '" . M '" ~I , " ... ... ~ ,., ... ... ~ ;: I ~ oW . U ... B z '" Q .., M !:l " . ... ~E ... u . ::I .!.~ . <3 ~ G c: .. 0 "'0. G" J: '" ~ G .".. G... .. G "J: " VI c: . G G ~ "J: .... << .. ." G . -' .. c: VI ( -' '" 6 q ~ <<"u ....z<< tIl.., l tIl....J Z~~. ." " ~ I "'0 G VI .J% .... O.J... "D, %0 ~ G ~ ~ <<"'0 .% ~.. ii X"'<< DG tIlX .. ~ ~ .......'" ... 4 ~ .... % .... G C; ': I ~ a:...", ~ 0 . :00-' Q.u ~ ... 0. p~ ~ .J>: 0-'0 oc3~ , ....<<u 0 ... '" '" en << ~ '" .... '" o ~ 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 , r 1(,-'-" >if [ITY DF DELRAY BEA[H '.JIj\J'V\1 - - :::'~I):: -':"::~-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' H (j tll H 3: "'l >< CIl .~ s; '''It"' ~~ ......CIl w 0> 'OCIl :ll !a ~ Gl t'l t'l (j "'l o :ll i ~ .., H :ll CIl "'l '0 :z: )00 (f> :'l r..................~ . '0 . . en . ...... . '" . . . . . Itf . . :a t:l 0 . . ~ Itf 0 . . CD "'l tll . )00 . 0 t:l . (j . :>I' = III n (j H (1) t'l . ::l j ~ 0 en IllZ I g ~ . en [! :~ . :ll ..... ... . il ~ en 0 . ::l d"'J Q . -;;;~ . \Q ~... e H H ~H "'l en Z Iii: Ii ......tIl "'l . (1) Cl3: ~)oo 3: en . r1' l"il t:l ... )00 '" "'l Ot'l ~ :af30 . "'l '0 ~ H t:l:ll . 0 CD !II ~~ 0 t'l < '1 I: . Z t"'l"il . :>I' )0 '" :ll . >< 0> . 3: 0 . (j 0 . . i:i~ . tll . t:lt"' H . tIl . w 3: '0 '0 . 0 en en . w ...... ...... . 0> '" '" . i-' . '" . . ~..................~ '0 en ~~ t'lt'l ~ o :ll r.... ........~ . '0 i!i~:il cil . . ......en (j ........ t'l "'l'" '" :;! . . '" enHO> ;. en en '" ... · il~~ ~. . H ~ 1Il . . "'l g . ~---------------~' I l ; : . 1 . f I I I , CITY DF DELRAY BEA[H . :1; '.J ','oJ ' . ,.:. '0:: ':''':': J,::~ ~;""{ 8EAC'-1 ;:'-.:.::.:w:p, :JJJ.J ,t<J' ....1-: 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 ;)~-E .,- ~ \ " \1_ ~-c~ nCl " 0" " :I 0 :IZ <-. '" '" Z n ...... ... UlO ,... "'~ X n "':I '" "'l> " "Z ... ,.. :r l>0 0 n,.. Z "'''' Ul :I "'''' Z'" ...:r l> , '" " C l>'" :I z... " Z... Cl> l> ... ,..... 0 n Z 0' Z ... '" l> n ... ... .. .... ~ ;I Ii;l ~ ~ n . . . . . ~ " . ..... .... .... 0 ... ~ . " " ....- ~ ~ . ~ o ~ .? " . . " . " .. . " ... . 88 . ~ .. . ~ . . g-= ... - . . .. "". "" " 0 00 0 . 0 ... . ~ ~ . . ~ . ... 0 " . .... " .. '" . . ~ . . 0 . ... ~ . .. . 0 = 0 "0 '" . ~ .. ... " " 0 . .. .. .. n " .. .. . .... . ~ . ~ c , -3 ~ ~ " .... ~ . ~. . . . . " . .. . . c ..~ . 0 'l . " ./J . g:~k",""o g! =-~ t: n.. c " ~,.. na 1'1 .... ~~ ~ c::r,.., "1 .,.,. 1'1" :r',.. III n """ g" lit ,..,... ,., 0" III" It ~oe~ S'~~""~::;-~3. o ="""1 CI""OI ""'It .. 1t.Q C "0 "" 0 I:' CI",..... C . "1" """" ""'" n III II a. . .. c::r ."" C III ....,... c:: ....,., II ....1lI"""'..." C <II'" .. Nit . It CI a.1't 0 .... .. a. - .nn....~clt ... '" :: g~ II ~= ,., a.::~ r So = 0 i~"'5.~~~=-~:=-=" "" '" tt ."".... Itlll n ""'CI III "' ? a.n...."""CI ...."""""- ... ~. n.... c: ... n . " 8 o ill c::r....co a.... ,., :-e_1t "'lCl":' ~ I: ~ 'i' ~.;g '""'. ;-:: ~- " ... ... .... J:I ,.,,.. . . In..... l't n .. II... "" l:I " "" a. ilia ... ... . . 2'. .. ~ '0 . ~ ~" " . . ..~ ~. ... ~ .. .. .. .. .. n .. ~ I:l ;: .. A , I 1 J I i ~ , , . I : o l> ... '" ~ - .. .. ... .. '" 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 . , Community Development Division City of Delray Beach -2- 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: l ~ . 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 l . , Community Development Division City of Delray Beach -2- 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: l ~ . 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 l . ~~~ 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 l ~ . 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 l . 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 l . 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 l . ~' 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 l . ~. u... M E M 0 RAN DUM 'r-- jo" 1''lvo.. + ~r--; ~'~,. /' /" / 1. I" /W, ,elk" , . J________ II , 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 l l\~/1 . ~~~ 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 . ~~J-- r 1/,. iP{S CITY DF DElAAY BEA[H " ::\, t: :::::: _..:;_ ( 2::,'-1,':,'-1 -. ~- ~_...~... 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 l l~!d- . 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 :TV: I.A-U;:. /3.... M E M 0 RAN DUM To: cJ ~ - 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 I , 'I '. , """~:~':.~':":'::,' ... '..1":..; .ll~~_. <;'............. ...::it.!...........~., ,'*',':...,'~',.. . J;]Ji~(': ~~f:~.' ,:.:.~'. , -# ..... .' .:._.,\;'~.:.,/~ <<.' i " >;,',s..;:.i8:::::""_.' 1\',. 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 2 .. , . ! [ITY DF DElAAY BEA[H 100 N,,^: 1st AVENUE DELRAY BEACH, FLORIDA 33444 . 407/243.7000 MEMORANDUM l L..:-- ) L( {' ~ 7 ~ ~~~ ~~ tJ ()L!.I ~ P;:;:;1 TO: Mayor and City commission FROM: City Manager ~I)-~ v...." i 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 "\/..... . .'':'j Counry Attorney Van ~. CtlCl,;, '; .., ~ ~." ;T'( ''',' 0 "7 ,..I ... '- '. 21' .. ,~.!SC~~~~S , 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 i ~l :\ ' i i , . ~ , . , ~ l I , i r t r c JUL 05 '89 10:07 PALM BCH CTY ;::J, ~: , , .J. Intaria Moratorium Juna 28. 1989 Pa.a 2 I - . . - 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 ,1 il ~ ,/~, -- ~\/~? ~'~/.~ ~/1fN\ r@::;- ~/ ~~ dIJ ~~p[ ~ I ' 't:J / 1/1 ~ : JI J 0<""-.VC!- ' '/ r~ -; -,", I ~-,,.. ~>~'4 ~ \~_j tor"I0.~ t;T!!iE:. I -.. ~ W .. ,II I 5'1" '.:~1'" ~ D... "UII'I'M ,.... " SUID. ~ 11 ~ I ~' . I.... ..,. f ~ .. ~tc..=Ji &; e 69 ~:.;:, '~~~m: ; 1".9 ..... " ..' t ~ J..'", ! ,-...l DlI'I'TW ~ · L U .! ~ 1 " 'ALII , S ' ~ . ~-111i1 ,- .."r',:nP.'DIl -t_ II I ,., .. t. ". 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