08-08-89 Regular
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
August 8, 1989
7 P.M.
AGENDA
Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Special Meeting Minutes of July 18, 1989 and July 19,
1989.
6. Presentations:
A. Delray Citizens for pelray Police Scholarship Presentation.
PUBLIC HEARINGS
7. ORDINANCE NO.
20 unit apartment
N.E. 1st Street
Medium Density).
approval.
42-89: An Ordinance for City initiated rezoning a
complex known as Harbor View subdivision, located on
from CF (Community Facility) to RM-10 (Residential
City Manager and Planning and Zoning Board recommend
8. ORDINANCE NO. 44-89:
located at the southwest
Avenue from SAD (Special
Commercial) to accommodate
for Costco. City Manager
approval.
9. ORDINANCE NO. 45-89: An Ordinance rezoning Palms of Delray Inc.
(Linton Center, Parcell/formerly CRJ property) from CC (Community
Commercial) to GC (General Commercial) to accommodate a proposed
retail shopping center and a McDonald's restaurant. City Manager and
Planning and Zoning Board (3-2 vote) recommend approval.
An Ordinance rezoning the Costco property
corner of Linton Boulevard and S.W. 4th
Activities District) to CC (Community
a proposed retail sales warehouse building
and Planning and Zoning Board recommend
10. ORDINANCE NO. 48-89: An Ordinance amending the General
Employees Pension Plan by decreasing the pre-tax retirement
contribution made by employees from 6% to 4.5% of basic compensation
effective October 1, 1989. City Manager recommends approval.
11. REQUEST FOR ADDITION TO LIST OF NOSTALGIC SIGNS- WEST SIDE
LIQUORS: Conduct public hearing on request to add the sign at West
Side Liquors located at 301 W. Atlantic Avenue to the City's list of
Nostalgic Signs. City Manager recommends approval.
12. REQUEST FOR ADDITION TO LIST OF NOSTALGIC SIGNS- TROPICAL BARBER
SHOP: Conduct public hearing on request to add the sign at Tropic
Barber Shop located at 825 N. Federal Highway to the City's list of
Nostalgic Signs. City Manager recommends approval.
13. OFFER
concerning
TO PURCHASE CITY OWNED PROPERTY: Conduct Public Hearing
offer to purchase City property located adjacent to Cason
Agenda
Meeting of 8/8/89
Cottage. The Community Redevelopment Agency and Old School Square,
Inc. recommend disapproval.
14. COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSED 1989-90 STATEMENT OF
OBJECTIVES: Conduct public hearing on proposed expenditure of CDBG
funds for fiscal year 1989-89. City Manager recommends approval.
PUBLIC COMMENTS
15. Comments and Inquiries on Non-Agenda Items from the Public.
FIRST READINGS
16. ORDINANCE NO. 51-89: An Ordinance rezoning the Marina Cay
property located south of the Delray Drive-In Theatre between Federal
Highway and the Intracoastal Waterway from GC, RM-10 and R1A to SAD.
If approved public hearing August 22nd. City Manager and Planning and
Zoning Board recommend approval.
REGULAR AGENDA
17. LOCAL RULES: Consider approval of amended Local Rules as
discussed at your July 18th workshop meeting.
18. APPOINTMENT OF MEMBERS TO THE EDUCATION TASK FORCE: Appoint nine
members to the Education Task Force to evaluate the recommendations
set forth in the "Sharing for Excellence, 1990 School Plan". City
Manager recommends approval.
19. APPOINTMENT OF MEMBER TO THE POLICE AND FIREFIGHTER RETIREMENT
SYSTEM: Consider appointment of Leon Weekes to a term ending June 30,
1992.
20. INITIATION OF WEST ATLANTIC AVENUE ANNEXATION (NO.1): Authorize
staff to proceed with the annexation of parcels along West Atlantic
Avenue which includes the Barnett Bank; adjacent undeveloped 10 acres,
Medical/Office complex north of Barnett Bank; Goodyear Tire and Auto
service plaza; and shopping center on the northeast corner of Atlantic
and Military Trail (Publix, Zayres, Pharmore and others). City
Manager recommends approval.
21. AGREEMENT FOR CONSTRUCTION OF SANITARY SEWER AND REIMBURSEMENT OF
COSTS: Consider agreement with Mr. Andrade for the City to disburse
$10,000 paid to the City by Sherwood Forest as benefitted user of a
sanitary sewer line constructed and paid for by Mr. Andrade. City
Manager and City Attorney's Office recommend approval.
22. REQUEST FOR WAIVER OF SIDEWALK WIDTH:
waiver of sidewalk width requirement from 5
for Windy Creek (Hanover Square) subdivision.
approval.
Consider request for
feet in width to 4 feet
City Manager recommends
23. REQUEST FOR WAIVER OF POOL BARRIER REQUIREMENT: Consider request
for waiver of Section 163.02 of the City Code to permit a pool at 959
Gardenia without required safety barriers. City Manager recommends
approval.
24. REQUEST FOR WAIVER OF FINAL PLAT PROCESSING FEES: Consider
request from Andover Development Corporation to waiver final plat
processing fees in the amount of $2,357.26.
25. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL (SCRWTD) BOARD ACTION: Ratify action by the SCRWTD Board for
approval of Task Order No. II.13 final design for covering aeration
tank basins, wet scrubber system and effluent pump station expansion.
The City's share of this project is approximately $318,000. City
Manager recommends approval.
CONSENT AGENDA
-2-
Agenda
Meeting of 8/8/89
26. ACCEPTANCE OF
$19,500 to settle
Party Defendants).
SETTLEMENT OFFER: Consider offer in the amount of
Figuero/Paulsen v. City of Delray Beach (as Third
City Attorney recommends approval.
27. RENEWAL OF LEGISLATIVE CONSULTANT SERVICES CONTRACT: Consider
renewing contract McCartney Plante Daley in the amount of 48,000 for
lobbying service for the 1989-1990 legislative calendar year. City
Manager recommends approval.
28. AGREEMENT BETWEEN THE CITY AND FLORIDA DEPARTMENT OF NATURAL
RESOURCES: Approval agreement between the City and Florida Department
of Natural Resources for boating and recreation improvements at
Knowles Park with funding from the Florida Boating Improvement Fund.
City Manager recommends approval.
29. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD (SCRWTD) ACTION: Ratify action by the SCRWTD Board to
participate in the sludge landspreading demonstration project proposed
by the Palm Beach Soil and Water Conservation District. The City's
share of this project is estimated to be $32,250. City Manager
recommends approval.
30. REQUEST FOR DOCK VARIANCE: Consider request from Mr. Riekse to
construct an L-shaped addition to the end of an existing dock at 325
S.E. 7th Avenue. City Manager and City Engineer recommend approval.
31. TEMPORARY TENT PERMIT:
Community Child Care Center
breaking ceremonies to be
recommends approval.
Consider request to from the Delray Beach
to erect a temporary tent for ground
held on August 10th. City Manager
32. COMPUTER PURCHASE:
hardware/software for the
recommends approval.
Approve purchase of computers and
Public Utilities Department. City Manager
33. CHANGE ORDER NO. 1 - NORTH SWINTON AVENUE DRAINAGE PROJECT: This
is an increase of $19,890.80 to resolve water and sewer line conflicts
that were not shown on the construction plans for this project. City
Manager recommends approval.
34. AWARD OF BIDS AND CONTRACTS:
A. Replacement of Emergency Generator at
Station- Devine Engine and Generator in the
with funding from Water and Sewer Veterans
(Account No. 441-5161-536-60.92).
the Master Lift
amount of $33,860
Park Lift Station
B. Renewal of contracts for Nuisance Abatement Bids _ Walcott
and Sons and Coastal Construction Services in a total amount
approximately $60,000 to $70,000 with funding from Revenue
Accounts (Lot Mowing- No. 001-0000-115-26.00) and (Lot Clearing _
No. 001-0000-115-27.00).
C. Wastewater Pump
Schuh and Jernigan
from Waterwater
441-5141-536-64.05).
Station Telemetry System- Post, Buckley,
Inc. in the amount of $120,000 with funding
Telemetry System (Account No.
D. 125 Flex Benefit Plan- American General Group Services in the
amount of $3,000 with funding from Actuarial Services (Account
No. 551-1575-591-34.56).
E. Dental Plan Coverage- Cigna Dental Health of Florida with
funding from individual participating employees through payroll
deduction.
35. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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CITY OF DELRAY BEACH, FLORIDA
REGULAR MESTING - CITY COMMISSION
August 8, 1989
7 P.M.
AGENDA AMENDMENT
Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
ITEM 18. AS READS: APPOINTMENT OF MEMBERS TO THE EDUCATION TASK
FORCE: Appoint nine members to the Education Task Force to evaluate
the recommendations set forth in the "Sharing for Excellence, 1990
School Plan". City Manager recommends approval.
IS AMENDED TO READ: 18. APPOINTMENT OF MEMBERS TO THE EDUCATION TASK
FORCE: Appoint ~ members to the Education Task Force to evaluate
the recommendations set forth in the "Sharing for Excellence, 1990
School Plan". City Manager recommends approval.
ITEM 20. AS READS: INITIATION OF WEST ATLANTIC AVENUE ANNEXATION (NO.
1): Authorize staff to proceed with the annexation of parcels along
west Atlantic Avenue which includes the Barnett Bank; adjacent
undeveloped lQ acres, Medical/Office complex north of Barnett Bank;
Goodyear Tire and Auto service plaza; and shopping center on the
northeast corner of Atlantic and Military Trail (Publix, Zayres,
Pharmore and others). City Manager recommends approval.
IS AMENDED TO READ: 20. INITIATION OF WEST ATLANTIC AVENUE ANNEXATION
(NO.1): Authorize staff to proceed with the annexation of parcels
-along West Atlantic Avenue which includes the Barnett Bank; adjacent
undeveloped five acres, Goodyear Tire and Auto service plaza; and
shopping cen~on the northeast corner of Atlantic and Military Trail
(Publix, Zayres, Pharmore and others). City Manager recommends
approval.
ITEM 23. AS READS: REQUEST
Consider request for waiver of
permit a pool at 959 Gardenia
Manager recommends approval.
FOR WAIVER OF POOL BARRIER REQUIREMENT:
Section 163.02 of the City Code to
without required safety barriers. City
IS AMENDED TO READ: 23. REQUEST FOR WAIVER OF POOL BARRIER
REQUIREMENT: Consider request for waiver of Section 163.02 of the
City Code to permit a pool at 959 Gardenia without required safety
barriers. City Manager recommends denial.
AN ITEM IS ADDED TO THE REGULAR AGENDA:
25A. RECLASSIFICATION
Consider reclassifying
Editor.
OF PUBLIC INFORMATION OFFICER POSITION:
PIO position to Administrative Assistant/Staff
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AMENDMENT TO AGENDA REPORT - MEETING OF AUGUST 8, 1989
DATE: August 7, 1989
Item No. 18 as reads: Appointment to the Education Task Force. At
the Commissions July 31st joint meeting with the Palm Beach County
School Board a consensus was reached to establish a nine member Task
Force to evaluate the recommendation set forth in the "Sharing for
Excellence, 1990 School Plan". The Task Force will provide formal
recommendations to the School Board for consideration. It is
recommended that the task force be made up of the following
individuals two members of the City's Education Board, two City staff
members, two members of the Superintendent's Advisory Committee, two
members of the School Board's staff and one mutual person appointed by
the Mayor and School Board Chairman.
The City's Education Board will be discussinq this matter at it's
meetinq on Auqust 7th. A formal recommendation will be forwarded to
you prior to your Auqust 8th meetinq.
Recommend approval of City appointments to the Education Task Force.
Is amended to read: Item No. 18 Appointment to the Education Task
Force. At the Commissions July 31st joint meeting with the Palm Beach
County School Board a consensus was reached to establish a nine member
Task Force to evaluate the recommendation set forth in the "Sharing
for Excellence, 1990 School Plan". The Task Force will provide formal
recommendations to the School Board for consideration. It is
recommended that the task force be made up of the following
individuals two members of the City's Education Board, two City staff
members, two members of the Superintendent's Advisory Committee, two
members of the School Board's staff and one mutual person appointed by
the Mayor and School Board Chairman.
The City Manaqer recommends the appointment of John Elliott and Lula
Butler to serve as staff member appointees. The City's Education
Board will be discussinq this matter at it's meetinq on Auqust 7th. A
formal recommendation of candidates to serve on the Education Board
will be forwarded to you .prior to your Auqust 8th meetinq.
Recommend approval of City appointments to the Education Task Force.
Item No. 20 as reads: Initiation of West Atlantic Avenue Annexation
(No.1). This item is before you to authorize staff to proceed with
the annexation and rezoning of parcels along West Atlantic Avenue
which includes the Barnett Bank; adjacent undeveloped lQ acres,
Medical/Office complex north of Barnett Bank; Goodyear Tire and Auto
service plaza; and shopping center on the northeast corner of Atlantic
and Military Trail (Publix, Zayres, Pharmore and others). The area is
approximately 55 acres. Each of the properties have previously agreed
to annexation through the provisions of a water service agreement.
The appropriate zoning for most of these properties is GC (General
Commercial). The exceptions are Barnett Bank, the office complex and
vacant 10 acre site. It is recommended those areas be zoned POC
(Planned Office Center) or other designation consistent with a
Transitional land use designation.
Recommend approval of initiation of annexation and zoninq action for
West Atlantic Avenue Annexation No.1.
Is amended
Annexation
to
(No.
read: Item No.
1). This item
20 Initiation of West Atlantic Avenue
is before you to authorize staff to
AGENDA REPORT
Meeting of August 8, 1989
proceed with the annexation and rezoning of parcels along West
Atlantic Avenue which includes the Barnett Bank; adjacent undeveloped
5 acres; Goodyear Tire and Auto service plaza; and shopping center on
the northeast corner of Atlantic and Military Trail (Publix, Zayres,
Pharmore and others). The area is approximately 55 acres. Each of
the properties have previously agreed to annexation through the
provisions of a water service agreement. The appropriate zoning for
most of these properties is GC (General Commercial). The exceptions
are Barnett Bank, the office complex and vacant 10 acre site. It is
recommended those areas be zoned POC (Planned Office Center) or other
designation consistent with a Transitional land use designation.
Recommend approval of initiation of annexation and zoninq action for
West Atlantic Avenue Annexation No.1.
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[ITY DF DELRAYBEA[H
CITY ATTORNEY'S OFFICE
310 S.I.. 1s1 STREFT, SUIT!' 4 DELRAY BEACH, I LOR1DA 33483
407/243-7090 TELECOPIER 407/278-4755
MEMORANDUM
Date: AUfust 4, 1989
To: City Commission
Malcolm T. Bird, Interim Cit7' Man8p-p-r
From: II erb"rt W. A. Thielp-, City Attorney
Subject: Prop0FP-d Offer 0f Pllr"hnsf' for the Propf'rty Lvinp-
N0rth of Cason Cottagp
Attachpd hereto plea8e find a letter from Rogpr G. Rflberson of July 26, 1989
for inclusion in the Rp-enda pncJrege concPl'ning thp propospd offer of
purchasp f0r the property lying north of Cason Cottaffe, and which iR
scheduled to be heard at e_ public hearIng and conRIdered by the Ci.t~.
CommIsRion at thpjr mpptinp.' 0f AUf"ust 8, 1989.
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LAW OFFICES OF
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ROGER G. SABERSON, P.A.
DELRA Y EXECUTIVE MALL
110 EAST ATLANTIC A VENUE
DELRA Y BEACH. FLORIDA 33444
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(407) 272-8616
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July 26, 1989
Herb Thiele, Esquire
City Attorney, City of Delray Beach
301 SE First Street, Suite 4
Delray Beach, Florida 33444
Re: Purchase of property lying north of
Cason Cottage
Dear Herb:
This will confirm the conversation which my client
had with you a couple of weeks ago wherein he indicated
that we are willing to proceed with the purchase of the
subj ect property at the appraised price, pursuant to the
appraisal which the City has just recently received from
Associated Appraisers.
---....
'~~o=.,
ROGER G. SABERS ON
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MEMORANDUM
TO:
Mayor and Commissioners
FROM:
Malcolm T. Bird
Interim City Manager
SUBJECT:
REORGANIZATION RECOMMENDATION
DATE:
August 7, 1989
1. As you know, we have accepted the resignation of Tina Eno from the position
of Public Information Officer. This position will be renamed Administra-
tive Assistant/Staff Editor and reclassified from a Grade 25 ($24,065.60-
$34,902.40) to a Grade 20 ($18,865.60 - $27,352.00). This position will
report to the Personnel/Labor Relations Director.
2. The reason for this reorganization is to reduce the number of independent
positions reporting directly to the City Manager's office.
MTB:bh
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McCartney Plante Daley
ASsociates
CITY COMMISSION: Mil
August 3, 1989
Mr. Malcolm Bird
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Bird:
As discussed, please find enclosed an outline of the various projects I will be
working on during the upcoming year.
Please contact me if you have any questions.
~/
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K thleen
KED/da
Encl.
f'IJDUC HE/AT/ONS. POLfTlCAL CONSULTING. GOVERNMENTAL AFFAIRS
One Pari< Place . 621 N.W, 53rd Street
SuIte 240-2.3 . Boca Raton. Florida 33487
Boca Raton (305) 99708768' West Palm Beach (305) 737.2044
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McCartney Plante Daley
ASsociates
As Governmental Affairs Consultant/Lobbyist for the City of Delray Beach, I
wi 11 continue to represent the interests of Del ray Beach before the Governor
and Cabinet, State agencies and the Florida Legislature. Representation would
include attendance at all necessary House and Senate committee meetings and
necessary delegation meetings. In addition,I will work with any Federal
agencies and elected officials on issues pertaining to the City of Delray Beach
which are contained within this outline.
I will be available to the above mentioned persons and offices on both a
regular and "as needed" bases for meetings and discussions related to my duties
on behalf of the City.
I will submit a 1990 Legislative package to the City Commission and City
Manager for the upcoming 1990 legislative session. Quarterly reports will be
submitted to the City Commission, Ctty Manager and the appropriate City staff.
The above will also receive weekly reports during the 1990 legislative session
and reports after any and all special sessions of the Florida Legislature.
Legislative Projects for the City of Delray Beach
I. I will Monitor all legislation pertaining to municipalities, in particu-
lar, the City of Delray Beach (Code Enforcement, Housing, Growth Manag-
ment, Transportation, etc.).
II. Beach Renourishment - I will work with the Army Corp of Engineers,
Federal Government, State Department of National Resources, City staff
and the Florida Legislature in the effort to secure funding for the
ongoing beach renourishment project.
VII. Delray Mass Transit Center - I will assist the city of Delray Beach in
developing a mass transit center at the Delray Beach train station which
will connect with the Tri-County Rail. I will work towards establishing
a high speed rail stop at the center, and with the Department of Trans-
portation and the Florida Legislature to make this transit center a
real ity.
IV. Old School Square - I will work to secure state funding for the ongoing
cultural center.
V. Judicial Pool - I will work in conjunction with the Delray Beach City
Attorney, Herb Thiele, and Palm Beach County Judges to establish a jury
pool in the downtown Delray Beach courthouse.
1'( Ifll Ie UH/\rJONS. POUT/CAL CONSUI.TlNG. GOVERNMENTALAFFA./RS
One Park Race. 621 N,W. 53rd Street
Sulte 240-23. Boca Raton. Florid.B 33487
Boca Raton (305) 997-8768. West Palm Be!lch (305) 737.2044
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT - MEETING OF AUGUST 8, 1989
DATE: August 4, 1989
PUBLIC HEARINGS
Item No. 7 (Ordinance No. 42-89) This is a City initiated rezoning of
a 20 unit apartment complex known as Harbor View subdivision, located
on N.E. 1st Street from CF (Community Facility) to RM-10 (Residential
Medium Density). This property along with property immediately to the
west was rezoned from RM-10 to CF in June 1988 at the request of the
Community Redevelopment Agency to accommodate a proposed parking
garage which would have been built in conjunction with expansion of
Atlantic Plaza. Subsequently, the plans for the proposed parking
garage have been abandoned. The property owner has requested that the
City zone the property back to its original condition.
The Planning and Zoning Board at its July 17th meeting recommended
approval of rezoning.
Recommend approval of Ordinance No. 42-89, a City initiated rezoninq
of a 20 unit apartment complex known as Harbor View from CF to RM-10.
Item No. 8 (Ordinance No. 44-89) This is a Second Reading of an
Ordinance rezoning the Costco property located at the southwest corner
of Linton Boulevard and S.W. 4th Avenue from SAD (Special Activities
District) to CC (Community Commercial) to accommodate a proposed
retail sales warehouse building for Costco.
In August 1984 this nine acre site, and the nine acre site to the west
of it, were annexed with SAD zoning. This zoning designation confined
the uses to a hotel and limited commercial uses. The initial petition
stated that the commercial uses were to be in conjunction with the
Laver's Resort.
The Planning and Zoning Board at it's July- 17th meeting recommended
approval with conditions. A detailed staff report is available for
your review in the City Manager's Office.
Recommend approval of Ordinance No. 44-89.
Item No.
Ord~nance
formerly
Boulevard
from CC
accommodate
restaurant.
9 (Ordinance No. 45-89) This is a Second Reading of an
rezoning Palms of Delray Inc. (Linton Center, Parcell/
the CRJ property) located on the south side of Linton
between Germantown Road, if extended, and S.W. 10th Avenue
(Community Commercial) to GC (General Commercial) to
a proposed retail shopping center and a McDonald's
This property had a previous development plan which encompassed it and
additional acreage to the west (CRJ development plan). That plan has
expired and the Linton Office Center project with an accompanying
restaurant, was approved to the west. Plans are moving forward to
develop this CC site for a 200,000 square foot shopping center with
one of the proposed uses being a drive-through restaurant.
The Planning and Zoning Board at it's July 17th meeting recommend
approval by a 3 to 2 vote.
Recommend approval of Ordinance No. 45-89.
AGENDA REPORT
Meeting of August 8, 1989
Item No.
Ordinance
from 6% to
10 (Ordinance No. 48-89) This is a Second Reading of an
decreasing the employee's pre-tax retirement contribution
4.5% of basic compensation effective October 1, 1989.
Previously City employees contributed 3% of the first $4,800 of base
annual compensation and 6% of base annual compensation in excess of
$4,800. This Ordinance provides for a annual contribution of 4.5% on
a tax deferred basis.
Recommend approval of Ordinance No. 48-89.
Item No. 11 Request to add the Westside Liquors sign to the City's
List of Nostalgic Signs. Ms. Carolyn Cunningham is requesting the
sign at West Side Liquors located at 301 W. Atlantic Avenue be added
to the list of Nostalgic Signs. The signage is at least 30 years old
and is a pylon structure constructed of masonry with painted and
visible glass tubing. The "drive-thru" arrow is sheet metal with
painted and neon lettering.
Recommend consideration of request to add the siqn at West Side
Liquors to the list of Nostalqic Siqns.
Item No. 12 Request for Addition to List of Nostalgic Signs _
Tropical Barber Shop. Mr. Ralph D. Longbottom is requesting the
sign at Tropical Barber Shop located at 825 N. Federal Highway be
added to the list of Nostalgic Signs. The sign was constructed in
1950 and is made up of over 200 lights. The sign was originally
placed on the ground in front of the shop, however during the widening
of Federal Highway, Mr. Longbottom donated the frontage of his
property and moved the sign to its present rooftop location.
Recommend consideration of request to add the siqn at Tropical Barber
Shop to the list of Nostalgic Signs.
Item No. 13 Offer to Purchase City Owned Property. In April 1989 we
received an offer to purchase City owned property lying north of
sodded side yard of Cason Cottage. This item is before you to conduct
public hearing on that sale. The property has been appraised at a
value somewhat higher than the offer. No other offers have been
received.
The CRA and Old School Square Inc. considered this offer and by
consensus recommended not selling the land for private development.
Recommend conduct of public hearinq on offer to purchase City property
located adjacent to Cason Cottage.
Item No. 14 Community Development Block Grant Proposed 1989-90
Statement of Objectives. Community Development Block Grant expects to
receive $453,000 in funding for fiscal year 1989-90. In compliance
with HUD regulations a public hearing is required to received citizen
comments on the Proposed Statement of Objectives and Projected use of
Funds. Staff conducted a needs assessment on its proposed use of
funds for fiscal year 1989-90 on May 24th at Pompey Park. Eleven
persons from the community were in attendance and accepted staff's
proposed budget with one change. It was suggested that funds be
provided for the installation of landscaping at Carver Estates. This
change has been incorporated into the attached Proposed Statement.
Funding is proposed for the following projects, in the amounts
indicated, during the upcoming fiscal year:
1. Housing Rehabilitation to bring approximately 13 housing
units up to standard conditions - $221,831.
2. Emergency Repair to owner occupied units within CD Target
- 2 -
AGENDA REPORT
Meeting of August 8, 1989
Area, includes plumbing, electric and roofing - $20,000.
3. Demolition/Clearance of approximately three vacant,
dilapidated or condemned structures and clearance of property _
$6,600.
4. Land Development to proved for the installation of water and
sewer lines to proposed project site and construction of streets
and sidewalks for affordable housing - $69,678.
5. Title XX Child Care for funding of one full-time
teacher/administrative assistant - $18,850.
6. Landscaping/Carver Estates to provide for installation of
2500 ficus plants to the perimeter and interior of Carver Estates
- $20,000.
7. Program Administration - $90,352.
8. Contingency - $5,689.
Recommend conduct of public hearing on proposed expenditure of CDBG
funds for fiscal year 1989-89.
FIRST READINGS
Item No. 16 (Ordinance No. 51-89) This is a First Reading of an
Ordinance rezoning the Marina Cay property located south of the Delray
Drive-In Theatre between Federal Highway and the Intracoastal Waterway
from GC, RM-10 and R1A to SAD. The Marina Cay project is a proposed
large scale mixed use commercial and residential development
consisting of restaurants, offices, specialty shops, 102 unit
condominium and a 60 slip marina.
In December 1988 a land use plan amendment was approved creating the
Large Scale Mixed Use designation for this project. That category
sets forth some development standards, identifies special studies
which are necessary, and requires that zoning be affixed through the
SAD designation. All the required studies have been provided and
rezoning is appropriate. Following the rezoning action, a plat and
revised site plan will be processed in accordance with the narrative.
The Planning and Zoning Board at their July 17th meeting recommend
approval of the SAD zoning. A detailed staff report is available for
review in the City Manager's Office.
Recommend approval of Ordinance 51-89.
REGULAR AGENDA
Item No. 17 Local Rules. This item was discussed at your July 18th
workshop meeting at which time existing Local Rules were reviewed and
changes recommended. The City Attorney's Office has incorporated
those changes into the Local Rules. This item is now before you for
adoption.
Recommend adoption of revised Local Rules.
Item No. 18 Appointment to the Education Task Force. At the
Commissions July 31st joint meeting with the Palm Beach County School
Board a consensus was reached to establish a nine member Task Force to
evaluate the recommendation set forth in the "Sharing for Excellence,
1990 School Plan". The Task Force will provide formal recommendations
to the School Board for consideration. It is recommended that the
task force be made up of the following individuals two members of the
City's Education Board, two City staff members, two members of the
- 3 -
AGENDA REPORT
Meeting of August 8, 1989
Superintendent's
staff and one
Chairman.
Advisory Committee, two members of the School Board's
mutual person appointed by the Mayor and School Board
The City's Education Board will be discussing this
meeting on August 7th. A formal recommendation will
you prior to your August 8th meeting.
matter at it's
be forwarded to
Recommend approval of City apPointments to the Education Task Force.
Item No.
Retirement
Mr. Hill
continue
brought
1992.
19 Appointment of a Member to the Police and Firefighter
System. Mr. Charles Hill's term expired June 30, 1989.
has moved out of the state and is therefore unable to
serving of the Pension Board. A recommendation has been
forward to appoint Mr. Leon Weekes to a term ending June 30,
Recommend consideration of appointment of Leon Weekes to the Police
and Firefiqhters Retirement System to a term endinq June 30, 1992.
Item No. 20 Initiation of West Atlantic Avenue Annexation (No.1).
This item is before you to authorize staff to proceed with the
annexation and rezoning of parcels along West Atlantic Avenue which
includes the Barnett Bank; adjacent undeveloped 10 acres,
Medical/Office complex north of Barnett Bank; Goodyear Tire and Auto
service plaza; and shopping center on the northeast corner of Atlantic
and Military Trail (Publix, Zayres, Pharmore and others). The area is
approximately 55 acres. Each of the properties have previously agreed
to annexation through the provisions of a water service agreement.
The appropriate zoning for most of these properties is GC (General
Commercial). The exceptions are Barnett Bank, the office complex and
vacant 10 acre site. It is recommended those areas be zoned POC
(Planned Office Center) or other designation consistent with a
Transitional land use designation.
Recommend approval of initiation of annexation and zoninq action for
West Atlantic Avenue Annexation No.1.
Item No. 21 Agreement for Reimbursement of Construction of Sanitary
Sewer. Mr. Andrade, the owner and developer of Dunkin Donuts, paid
$40,000 to install a sanitary sewer to serve his property on West
Atlantic Avenue. This was done in accordance with verbal and written
commitments made by the Public Utilities Department. Both Barnett
Bank and Sherwood Forest paid the City $10,000 each as benefitted
users. The $10,000 from Barnett Bank was released to Mr. Andrade,
however, the monies from Sherwood Forest was held pending this
agreement. A third property, Forum, is vacant and no monies have been
collected but will be charged $10,000 as a benefitted user once on
property improvements are made. A fourth property, a small nursery
was not included in the calculations due to it's small size and lack
of facilities. None of the benefitted users has objected to this
process.
Recommend approval of aqreement between the City and Mr. Andrade and
the release of $10,000 paid to the City by Sherwood Forest.
Item No. 22 Request for Waiver of Sidewalk Width. Robert A. Bentz is
requesting a waiver of the sidewalk width requirement from 5 feet in
width to 4 feet for the Windy Creek (Hanover Square) Subdivision.
Windy Creek has already been constructed and platted with the roads in
place. When the project was originally approved, there were no
internal sidewalks in the development due to the open spaces that
connected to the rear of many of the units. Since this open space has
been deleted in many areas, the developer is now locating sidewalks on
one side of the road to compensa~e for the elimination of open area.
- 4 -
AGENDA REPORT
Meeting of August 8, 1989
Recommend a roval of re uest for waiver of sidewalk width re_uirement
from 5 feet to 4 feet for Windy Creek (Hanover Square) subdivision.
Item No. 23 Request for Waiver of Pool Barrier Requirement. Ms.
Terrie Child is requesting a waiver of Section 163.02 of the City Code
to permit a pool at 959 Gardenia without required safety barriers.
Under the requirements of Section 163.02, private pools are to be
enclosed entirely by a safety barrier to prevent unrestrained
admittance to the area, unless the area is completely fenced in, and
one side fronts on either the intracoastal waterway, finger canal, or
ocean. Ms. Child's property is bordered on the rear by the
Intracoastal Waterway.
Recommend consideration of request from Ms. Child to waiver Section
163.02 of the City Code.
Item No. 24 Request for Waiver of Processing Fees. Andover
Development Corporation is requesting waiver of processing fees for
final plat submission. Andover Development Corporation .filed an
application for preliminary and final plat approval at the same time.
Staff accepted the applications, however, applied the processing fee
to only the first step of processing with a credit to the next step.
Andover is a major subdivision and the Code specifies that both a
preliminary and final plat are required for such a development.
Recommend consideration of request for waiver of processinq fees in
the amount of $2,357.26 for Andover Development Corporation.
Item No. 25 Ratification of South Central Regional Wastewater
Treatment and Disposal (SCRWTD) Board Action. At their July 20th
meeting the SCRWTD Board approved the preliminary draft report and
authorized Camp, Dresser and McKee to proceed with Task Order No.
II.13 final design which includes covering the aeration tank basin,
change over to wet scrubber system, and effluent pump station
expansion. The total cost estimated is $636,000. The City's share
will be $318,000 funding is available in Aeration Covers (Account No.
441-5162-536-60.78).
Recommend consideration of ratifYinq a SCRWTD Board action approvinq
Task Order No. II.13.
CONSENT AGENDA
Item No. 26 Acceptance of Settlement Offer. We have received an offer
to settle the Figueroa/Paulsen case in the amount of $19,500. The
City's involvement in this case is a result of a third party action
filed by John P. Paulsen against the City which alleges a breach of
contract concerning the zoning requirements and right-of-way
dedications for Sherwood Park, Plaza, Inc. which occurred in
1978-1980.
Based upon the City Attorney'S Office review and the allegations in
the complaint, and after extensive discussions with Mr. Grodin and
other members of the Palm Beach County staff, it is recommended that
we participate in the settlement of this matter. The settlement
proposal provides that the County and City would participate on a
50/50 basis in the settlement with both Mr. Paulsen and Mr. Figueroa.
Funding for this settlement would come from the City's Self-Insurance
Fund. More detailed information regarding this case is available at
the City Attorney's Office for review.
Recommend a roval of settlement offer in the
litiqation in the amount of 19,500.
Paulsen
Item
This
Plante
No. 27
is a
Daley
Renewal of Legislative Consultant Services Contract.
renewal of the contract between the City and McCartney
for legislative lobbying services. In addition to
- 5 -
AGENDA REPORT
Meeting of August 8, 1989
standard services provided, Ms. Daley will also lobby the Mass Transit
Center and jury pool issue during the upcoming legislative session. A
fee increase of $10,000 is added to this contract. All other terms of
the contract remain the same as previously approved contracts for this
service. A detailed report, outlining more specifically the work
program will be delivered to you on Monday, August 7th.
Recommend a roval of
Contract with McCartney
$48,000 with fundinq
001-1211-512-33.19).
renewal
Plante
from
of Le islative Consultant Services
Daley Associates in the amount of
Leqislative Lobbyinq (Account No.
Item No. 28 Agreement Between the City and Florida Department of
Natural Resources. This agreement is for $36,000 in funding to repair
three piers, repair and enhance two ramps, install ramp toe
protection, resurface the parking area and renovate the restroom at
Knowles Park. This is a reimbursement grant and no funds expended
prior to the execution of this agreement will be reimbursed.
Recommend a
De artment of
improvements at
roval of a reement
Natural Resources
Knowles Park.
between
for
the Cit and Florida
boatin and recreation
Item No. 29 Ratification of South Central Regional Wastewater
Treatment and Disposal Board (SCRWTD) Action. At their July 20th
meeting the SCRTWD Board approved a proposal to participate in the
sludge landspreading demonstration project. The purpose of the study
~s to demonstrate the environmental impacts of land spreading
stabilized sludge on citrus groves in Palm Beach County. The impetus
for this study is the proposed state and federal regulations regarding
land spreading of domestic wastewater sludge. These proposed
regulations may severely restrict the beneficial use of sludge on
agricultural land. By demonstration the minimal impacts anticipated
from the project, this alternative method of sludge disposal could
remain viable in the future, as other methods of sludge disposal are
curtailed.
The City's share of this project is estimated to be $32,250, spread
over a three year period. Funding has been identified as available in
Water Treatment Sludge Disposal (Account No. 441-5122-536-33.67).
Recommend ratification of SCRTWD Board action of July 20th to
participate in the slud e dis osal demonstration ro ect.
Item No. 30 Request for Dock Variance. Mr. Riekse is requesting a
variance to construct an L-shaped addition to an existing 25 foot dock
at 325 S.E. 7th Avenue. The L-shaped addition will aid in boarding
and/or re-docking the boat as it is impossible to do either at low
tide. This addition will not extend any further the the existing
dock. Engineering staff have reviewed this request and recommend
approval since it would be impossible to build a usable dock and meet
City code.
Recommend a roval of variance for an L-sha ed addition to an existin
25 oot dock at 325. S.E. 7th Avenue.
Item No. 31 Temporary Tent Permit. The Delray Beach Community Child
Care Center is requesting permission to erect a temporary tent for
ground breaking ceremonies to be held on August 10th. The tent will
be erected on N.W. 4th Street, the designated site for their new child
care center, one day prior to the event and removed the next evening.
Recommend a roval of tem orar
Child Care Center.
ermit for Delra Beach Communit
- 6 -
AGENDA REPORT
Meeting of August 8, 1989
Item No. 32 Computer Purchase. An in-house computer capability study
was done in our Public Utilities Department. As a result of that
study it was determined that the current computer system is
inadequate. Currently all records pertaining to the Water Treatment
Plant are in paper form and are only accessible through time consuming
review of the voluminous files. Cost to upgrade the computer system
is $26,144. Funding is available in the Public Utilities Equipment
(Account No. 441-5111-536-60.89).
Recommend a roval of urchase of com uter hardware and software for
the Public Utilities Department.
Item No. 33 Change Order No. 1- North Swinton Drainage. This is a
change order increasing the contract price by $19,890.80. The
increase is attributable to existing water and sewer lines which were
not shown on the construction plans conflicting with the routing of
the proposed storm drainage pipes. This necessitated installation of
conflict structures and relocation of proposed pipes.
Recommend a roval of
ro'ect with fundin
333-3161-541-61.13).
Chan e Order No. 1 to the North Swinton Draina e
from Rainbow Homes Draina e Pro'ect Account No.
Item No. 34 AWARD OF BIDS AND CONTRACTS:
A. Replacement of Emergency Generator at
Station- Devine Engine and Generator in the
with funding from Water and Sewer Veterans
(Account No. 441-5161-536-60.92).
the Master Lift
amount of $33,860
Park Lift Station
B. Renewal of contracts for Nuisance Abatement Bids _ Walcott
and Sons and Coastal Construction Services in a total amount
approximately $60,000 to $70,000 with funding from Revenue
Accounts (Lot Mowing- No. 001-0000-115-26.00) and (Lot Clearing _
No. 001-0000-115-27.00).
C. Wastewater Pump Station Telemetry System- Post, Buckley,
Schuh and Jernigan Inc. in the amount of $120,000 with funding
from Waterwater Telemetry System (Account No. 441-5141-536-64.05)
D. 125 Flex Benefit Plan- American General Group Services in the
amount of $3,000 with funding from Actuarial Services (Account
No. 551-1575-591-34.56).
E. Dental Plan Coverage- Cigna Dental Health of Florida with
funding from individual participating employees through payroll
deduction.
Item No. 35 Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
- 7 -
ORDINANCE NO. 42-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED CF (COMMUNITY
FACILITIES) DISTRICT IN RM-10 (MULTIPLE
FAMILY DWELLING) DISTRICT; SAID LAND BEING
LOTS 1, 2 AND 3, PARK COURT SUBDIVISION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 10, PAGE 74, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED
ON THE NORTH SIDE OF N.E. 1ST STREET, APPROX-
IMATELY 175 FEET EAST OF N.E. 7TH AVENUE; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORI-
DA, 1983"; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the RM-10 (Multiple Family Dwelling) District as defined in
Chapter 173 of the Code of Ordinances of the City of Delray
Beach, Florida, to-wit:
Lots 1, 2 and 3, PARK COURT SUBDIVISION,
according to the Plat thereof on file in the
office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida, recorded
in Plat Book 10 at Page 74.
The subject property is located on the north
side of N.E. 1st Street, approximately 175
feet east of N.E. 7th Avenue.
The above del;icribed parcel contains a 0.539
acr.e parcel of land, more or less.
I
Section 2. \, That the Planning Director of said City
shall, UPOI}J''i:he effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section I hereof.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1989.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
7
C I T Y
COM MIS 5 ION
DOCUMENTATION
TO:
WALTER O. BARRY, C~TY MANAGER
,~ ,~'
,-rh( f / J7'-, " ,
/- --- (/6''if "~...lo.i...-
1/ _ ,/
FRANK R. SPENCE, DIRECTOR
c;JEVELOPMENT SERVICES GROUP
~ j ~a uL\c->r-
DA ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JULY 25, 1989
FIRST READING, HOLT REZONE CF TO RM-IO
(Harbor View Apartments)
VIA:
FROM:
ACTION REOUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of the enacting ordinance which
would rezone property from CF to RM-IO.
The property is located on the north side of NE lst Street
across from Atlantic Plaza. The site is developed as the
Harbor View Apartments.
BACKGROUND:
This property was rezoned, by City initiative, in June, 1988,
from RM-IO to CF in order to accommodate the then proposed CRA
parking facility. The parking facility has not proceeded and the
owner requested that the City return the property to its original
zoning. The City Commission formally initiated this rezoning
action in June, 1989.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item following a
public hearing held on July 17, 1989. There was no public
comment at the hearing. The Board then forwarded the item with
6-0 recommendation of approval.
The Board's recommendation was based upon a finding of
consistency with the Future Land Use Map.
RECOMMENDED ACTION:
By motion, approve this ordinance on first reading and set a
public hearing date (second reading) for August 8, 1989.
Attachments:
cover sheet, July 17, 1989, ,P&Z Staff Report
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ORDINANCE NO. 44-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED SAD (SPECIAL
ACTIVITIES) DISTRICT IN CC (COMMUNITY COMMER-
CIAL) DISTRICT FOR A PARCEL OF LAND IN
SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
BEING A PORTION OF (VACATED) WEST EL BE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 15 AT PAGE 22, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID
LAND IS LOCATED AT THE SOUTHWEST CORNER OF
LINTON BOULEVARD AND S.W. 4TH AVENUE; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORI-
DA, 1983" ; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the CC (Community Commercial) District as defined in Chapter
173 of the Code of Ordinances of the City of Delray Beach,
Florida, to-wit:
A parcel of land in Section 29, Township 46
South, Range 43 East, being a portion of
(vacated) WEST EL BE, according to the Plat
thereof as recorded in Plat Book 15 at Page
22, of the Public Records of Palm Beach
County, Florida, described as follows:
Beginning at the Northeast corner of LAVER'S
NORTH, according to the Plat thereof, as
recorded in Plat Book 43 at Pages 92 through
94, inclusive, of the Public Records of Palm
Beach County, Florida, thence along the North
boundary of said LAVER'S NORTH as monumented,
South 89 degrees 56' 40" West, 634.99 feet;
thence continuing along said North boundary,
North 02 degrees 40' 48" West, 187.03 feet;
thence continue North 02 degrees 40' 48"
West, 449.95 feet to a point on the Southerly
right-of-way line of Linton Boulevard; thence
along said right-of-way line, being a line
parallel with and 53.00 feet South of the
North boundary of said Section 29, North 89
degrees 54' 01" East, 639.38 feet to a point
on the Westerly right-of-way line of South-
west 4th Avenue (50 foot right-of-way);
thence along said Westerly right-of-way line,
South 02 degrees 44' 02" East, 637.49 feet to
a point on the Easterly extension of the
North boundary of said LAVER'S NORTH; thence
along said Easterly extension and along said
North boundary as monumented; South 89
degrees 56' 40" West, 5.01 feet to the POINT
OF BEGINNING.
~
LESS the following portion in TRACT "B" of
LAVER'S INTERNATIONAL PLAZA PLAT 1, according
to the Plat thereof, as recorded in Plat Book
51, Pages 1 and 2, of the Public Records of
Palm Beach County, Florida. COMMENCING at
the Northeast corner of LAVER'S NORTH,
according to the Plat thereof, as recorded in
Plat Book 43 at Pages 92 through 94, inclu-
sive, of the Public Records of Palm Beach
County, Florida, thence along the North
boundary of said LAVER'S NORTH as monumented,
South 89 degrees 56' 40" West, 634.99 feet;
thence continuing along said North boundary,
North 02 degrees 40' 48" West, 187.03 feet;
also the Southeast corner of LAVER'S INTERNA-
TIONAL PLAZA PLAT 1; thence continue North 02
degrees 40' 48" West, 17.65 feet to the POINT
OF BEGINNING; thence continue North 02
degrees 40' 48" West, 432.30 feet to a point
on the Southerly right-of-way line of Linton
Boulevard; thence along said right-of-way
line, being a line parallel with and 53.00
feet South of the North boundary of said
Section 29, North 89 degrees 54' 01" Eas t,
56.50 feet, along aforesaid North boundary of
LAVER'S INTERNATIONAL PLAZA PLAT 1; thence
South 00 degrees 05' 59" East, 7.00 feet;
thence South 43 degrees 36' 37" West, 36.14
feet; thence South 02 degrees 40' 48" East,
269.33 feet to the Point of Curvature of a
curve concave to the Northwest and having a
radius of 290.00 feet; thence Southwesterly
133.07 feet along said curve through a
central angle of 26 degrees 17' 30", to the
POINT OF BEGINNING.
The subject property
southwest corner of
Southwest 4th Avenue.
is located at
Linton Boulevard
the
and
The above described parcel contains a 9.3
acre parcel of land, more or less.
Section 2. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
- 2 -
Ord. No. 44-89
PASSED AND ADOPTED
final reading on this the
in regular
day of
session on
second and
, 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
.3.
Ord. No. 44-89
CITY
COMMISSION
DOCUMENTATION
TO:
WALTER O. BARRY, CITY MANAGER
~ , ' .J.o7-'--~ ~
,~ ~ I( , ;;- --~
FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
(\ Q~< l) ,'j \(~ \..~O, ~ -;\-
~ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT:
MEETING OF JULY 25, 1989
FIRST READING. REZONING OF 9 ACRES ALONG LINTON FROM
S.A.D. TO COMMUNITY COMMERCIAL (CC) FORMERLY A PORTION
OF THE LAVER'S INTERNATIONAL PLAZA S.A.D. (COSTCO)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an enacting ordinance
which will rezone 9.32 acres from SAD to CC.
Following approval of the rezoning it is anticipated
that a site and development plan for a COSTCO store
will be received.
BACKGROUND:
In 1984, this property and property to the west was zoned S.A.D.
under the title of Laver's International Plaza. The allowable
use on the property was restricted to a hotel, conference center,
and limited commercial uses. The other portions of the S. A. D.
were platted and developed, including a private street (Laver's
Boulevard); however, this site remained unplatted and has become
disassociated with the original development proposal.
Under new ownership, the property is seeking rezoning to a
specific designation so that development (for other than a hotel
and conference center) can proceed. Because of the change of
intensity of allowable use, traffic impacts have become the
center of focus as far as adverse implications are concerned.
Recommendations from the evolution of a traffic report have
resulted in determining that a central access from Linton and
location of a singular access along SW 4th Avenue as far south as
practical are necessary to mitigate adverse traffic congestion.
Such concepts would be imposed during site plan review and
approval.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item following a
public hearing held on JUly 17, 1989. ' There was one statement of
public opposition to the rezoning request.
The Board then forwarded the item to the City Commission with a
5-0 (one abstention) recommendation of approval with CC zoning.
The Board I s recommendation was based upon a finding that the
requested zoning designation is consistent with the proposed
Future Land Use Map; that traffic impacts can be readily
accommodated through planned improvements; and that the request
will support continued economic development along the Linton
corridor.
To: Walter O. Barry, City Manager
Re: First Reading, Rezoning of 9 Acres Along Linton
From SAD to Community Commercial (CC) Formerly
A Portion of the Laver's International Plaza SAD
(Costco)
Page 2
RECOMMENDED ACTION:
By motion, approve the enacting ordinance on first reading and
set a public hearing date (second reading) for August 8, 1989.
Attachments:
cover sheet, JUly 17, 1989, P&Z Staff Report
the full P&Z staff report is available for review in
the City Manager's Office
r"LHI\JI'JING 8 . JNING 80RRO
CITY OF OELRAY BEACH
H:ETING ~TE: JULY 17. 1989
AGe.o:I ITEM: II 1. E
CONSIDERATION OF REZONING FROM SAD TO CC OR GC FOR COSTCO AT THE
SOUTHWEST CORNER OF LINTON BOULEVARD AND S.W. 4TH STREET
STAFF REPORT
---
ITEM :
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LAVERS
NT RNATIONAL
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GENERAL DATA:
~er.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Tom McMurraln
Aqent...........................RObert Currie
CUrrie, Schneider , Associates,
AlA
Location........................Southwest corner of Linton
Boulevard and S.W. 4th Avenue
Property Size...................9.3 Acres (405,108 Sq.ft.)
Existing Land Use Plan..........MF-lO (MUltiple Family _ 10
units/acre)
PropoSed Land Use Plan..........Commercial Core Transitional
(Comprehensive Plan)
Existing City Zoning............SAD (Special ActiVities District)
Proposed City Zoning............CC (Community Commerci.l) or GC
(General Commerci.l)
Adjacent Zoning.................North of the subject property is
zoned POC (Planned Office Center)
and R-IA (Single-Family Dwelling
District). South and west are
zoned SAD. East is zoned GC .nd
LI (Light Industrial).
EXisting Land Use...............Vac.nt land
Proposed Land Use...............Retail sales warehouse bUilding
for Costco
ITEM: .Pi. e
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ORDINANCE NO. 45-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED CC (COMMUNITY
COMMERCIAL) DISTRICT IN GC (GENERAL COMMER-
CIAL) DISTRICT FOR A PARCEL OF LAND LYING IN
SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
CITY OF DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA, BEING A PORTION OF PARCEL 1 OF THE
PLAT OF LINTON CENTER, RECORDED IN PLAT BOOK
39, PAGES 8 AND 9, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; SAID LAND IS
LOCATED ON THE SOUTH SIDE OF LINTON BOULE-
VARD, BETWEEN SOUTHWEST 10TH AVENUE AND
GERMANTOWN ROAD, IF EXTENDED SOUTH; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORI-
DA, 1983"; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the GC (General Commercial) District as defined in Chapter 173
of the Code of Ordinances of the City of Delray Beach, Florida,
to-wit:
A parcel of land lying in Section 29, Town-
ship 46 South, Range 43 East, City of Delray
Beach, Palm Beach County, Florida, being a
portion of Parcel 1 of the Plat of Linton
Center, recorded in Plat Book 39, Pages 8 and
9, of the Public Records of Palm Beach
County, Florida, being more particularly
described as follows:
Begin at the Northeast corner of said Parcel
1, lying at the intersection of the Westerly
right-of-way of S.w. 10th Avenue and the
Southerly right-of-way of S.W. 12th Street
(Linton Boulevard) as shown on said plat,
thence along the Easterly boundary of said
Parcel 1 for the following courses:
Thence South 47 degrees 37' 35" East for
35.36 feet; thence South 02 degrees 37' 00"
East for 203.44 feet to the pOint of curva-
ture of a curve concave to the Northwest,
having a radius of 260.00 feet; thence
Southwesterly along said curve to the right
through a central angle of 42 degrees 09' 12"
for 191.29 feet to a . point of tangency;
thence South 39 degrees 32' 12" West for
165.15 feet to the point of curvature of a
curve concave to the Southeast, having a
radius of 455.00 feet; thence Southwesterly
along said curve to the left through a
central angle of 24 degrees 30' 45" for
194.66 feet; thence South 15 degrees 01' 28"
West for 404.87 feet to the point of curva-
ture of a curve concave to the Northwest,
having a radius of 353.38 feet; thence
Southwesterly along said curve to the right
through a central angle of 31 degrees 32' 32" ~
for 194.54 feet to a point of tangency;
thence South 46 degrees 34' 00" West for
25.00 feet; thence North 88 degrees 26' 00"
West for 35.36 feet to an intersection with
the Northeasterly right-of-way of Lindell
Boulevard as shown on said Plat of Linton
Center;
Thence Northwesterly along said right-of-way
for the following courses:
Thence North 43 degrees 26' 00" West for
365.93 feet; thence North 43 degrees 29' 40"
West for 528.45 feet to an intersection with
the Westerly right-of-way of proposed
Waterford Place, thence along said proposed
right-of-way for the following courses:
Thence North 46 degrees 30' 20" East for
267.08 feet to the point of curvature of a
curve concave to the Northwest, having a
radius of 350.00 feet; thence Northeasterly
along said curve to the left through a
central angle of 49 degrees 08' 30" for
300.19 feet to a point of tangency; thence
North 02 degrees 38' 10" West for 111.46
feet; thence North 42 degrees 21' 50" East
for 35.36 feet to an intersection with the
Southerly right-of-way of S.W. 12th Street
(Linton Boulevard) as shown on said plat;
thence North 87 degrees 21' 50" East along
said right-of-way for 769.22 feet to the
Point of Beginning.
The subject property is located on the south
side of Linton Boulevard, between Southwest
10th Avenue and Germantown Road, if extended
south.
The above described parcel contains a 19.047
acre parcel of land, more or less.
Section 2. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED
final reading on this the
in regular session on second and
day of , 1989.
ATTEST:
MAY 0 R
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 45-89
CITY
COM MIS S ION
DOCUMENTATION
TO:
WALTER O. BAR~~TY :::AGER
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FRAN~ R. SPENCE, DIRECTOR
~ELOPMENT SERVICES GROUP
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DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT: MEETING OF JULY 25, 1989
FIRST READING, REZONING OF 19 ACRES ALONG LINTON FROM
COMMUNITY COMMERCIAL (CC) TO GENERAL COMMERCIAL (GC)
A PORTION OF PARCEL I, LINTON CENTER. (MCDONALDS)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an enacting ordinance
which will rezone 19 acres from C.C. to G.C.
Following approval of the rezoning it is anticipated
that a site and development plan for a MCDONALDS
~estaurant will be received for a portion of the
property.
BACKGROUND:
This property had a previous development plan which encompassed
it and additional acreage to the west (CRJ development plan).
That plan has expired and the Linton Office Center project, with
an accompanying restaurant, was approved to the west. Plans are
moving forward to develop this CC site for a 200,000 sq.ft.
shopping center. One of the proposed uses is a drive-through
restaurant. Such a use is not allowed in the CC zoning and two
previous considerations to modify CC zoning to accommodate it
have been rejected. Thus, a rezoning is the approach being taken
to accommodate the proposed use. Please see the P&Z staff report
for more detail and the rezoning analysis.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item following a
public hearing held on July 17, 1989. There was no pUblic
comment other than that of the applicants. Some Board Members
expressed their opposition to the request in that it promoted the
creation of out-parcels and out-buildings.
The Board then forwarded the item to the City Commission with a
3-2 (one abstention) recommendation of approval with GC zoning.
The Board did not state a basis for its recommendation.
RECOMMENDED ACTION:
By motion, approve the enacting ordinance on first reading and
set a public hearing date (second reading) for August 8, 1989.
Attachments:
cover sheet, JUly 17, 1989, P&Z Staff Report
the full P&Z staff report is available for review in
the City Manager's Office
PLANNING 8 ~~NING
CITY OF DELRAY
BOARD
BEACH
fEETING o:tTE: JULY 17, 1989
STAFF REPORT
AGENDA ITEM: III. F
ITEM :
CONSIDERATION OF REZONING FROM CC TO GC FOR PALMS OF DELRAY, INC. (LINTON
CENTER, PARCEL 1) ON THE SOUTH SIDE.OF LINTON BOULEVARD. BETWEEN GERMANTOWN ROAD,
IF EXTENDED, AND S.W.IOTH AVENUE.
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GENERAL DATA:
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Owner...........................Thomas T. MCMurrain, V.P.
Palms of Delray, Inc.
Agent...........................Thomas T. McMurrain, V.P.
Location................~.......South side of Linton Boulev.rd,
between Germantown Road, if
extended, .nd S.W. 10th Avenue
Property Size...............;...19.047 Acres
Exi.tinq Land U.. Plan..........C (Commerci.l)
Propo.ed Land U.. Plan..........Commerci.1 Core
(Compreh.n.ive Plan)
Existinq City Zaninq............CC (Community Commercial)
Proposed City Zoninq............GC (Gener.l Commerci.l)
Adj.cent Zoninq.................North of the subject property is
zoned SC (Speci.liZed
Commerci.l), CF (Community
F.cilities) .nd POC (Planned
Office Center). South .nd e.st
.re zoned SAD (Special Activities
District). West is zoned CC.
Existinq Land U.................V.c.nt land
Proposed Land Use...............Retail shopping center .nd .
McDon.ld'. r.st.urant
ITEM: ..:zzz, ,:-
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ORDINANCE NO. 48-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEE POLICIES AND BENEFITS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING "RETIREMENT PLAN", SECTION 35.095,
"CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSEC-
TION (A), "PARTICIPANT'S CONTRIBUTION ACCOUNT",
TO CHANGE THE PERCENTAGE AMOUNT OF PARTICIPANT
CONTRIBUTIONS AND TO ALLOW TAX DEFERRAL OF THESE
PARTICIPANT CONTRIBUTIONS PURSUANT TO INTERNAL
REVENUE CODE 414 (h); AND BY AMENDING SECTION
35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND
PAYMENT", SUBSECTION (A), "BASIS OF RETIREMENT
INCOME", SUB-SUBSECTION (1) (a), "BASIC COMPENSA-
TION", TO RECOGNIZE A NEW DEFINITION OF BASIC
COMPENSATION TO INCLUDE PARTICIPANT CONTRIBU-
TIONS PICKED UP BY THE CITY; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and
Benefits", Section 35.095, "Contributions of Participant and
City", Subsection (A), "Participant's Contribution Account", of
the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
(A) Participant's contribution account.
(1) For the purpose of this division "PARTICI-
PANT'S CONTRIBUTION ACCOUNT" .~aXI Imeav. lav.rl NUl lrit/J1A..Y.Si It/Jt
rita..~ait/Jt1/~ati!ri!~a..ilrit/Jv.itf~~ift/J1A.. will consist of tax deferred
artici ant contributions. Effective the first a eriod
be ~nn~n on or after Octo er 1, 19 9 contributions re uired of
em 10 ees wi 1 e ~c ed u b t e c~t an s a e treate as
em 10 er contr~but~ons for tax ur oses. However, for all
purposes of determining bene its under the plan, they will be
considered participant contributions.
(2) Each participant will contribute toward the
cost of the plan an amount equal to 3% of the first $4,800 of his
basic annual compensation as defined in Section 35.097(A) and 6%
of his basic annual compensation in excess of $4,800 until the
beginning of the first pay period after the adoption of this
subchapter by the City Commission. Beginning with the first pay
period after the adoption of this subchapter, each participant
will contribute toward the cost of the plan an amount equal to 6%
of his basic compensation as defined in Section 35.097(A) of this
subchapter. Effective as of the first pay period beginninq on or
after October 1, 1989, participant contributions will be e ual to
four and one-" a f ercent (4.5% 0 h~s as c com ensat~on as
de ~ne ~n Sect~on 3 . 9 A, on a tax e erre as~s.
(3) Each participant shall continue to contribute
to the plan until the earliest to occur of the following dates:
(a)
Date the participant retires under the
plan.
Date of death of the participant.
(b)
(c)
Date of termination of the participant's
service with the city.
10
(4) Anything in the plan to the contrary notwith-
standing, the total benefits payable under the plan to, or with
respect to, a participant shall not be less than the benefits
that can be provided by the participant I s contributions, and
further provided, if a terminated participant (as defined in
Section 35.097 (E) of this subchapter) elects to withdraw his
contributions prior to his normal retirement date, he will be
entitled only to the return of his contributions in lieu of all
other benefits payable under the plan. Contributions cannot be
withdrawn while a participant remains in the service of the city
or after the payment of benefits under the plan has commenced.
Section 2. That Chapter 35, "Employee Policies and
Benefits", Section 35.097, "Retirement Income; Basis, Amount, and
Payment", Subsection (A), "Basis of Retirement Income", Sub-sub-
section (1) (a), "Basic Compensation", of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is, hereby
amended to read as follows:
(a) "BASIC COMPENSATION." The compensation actually
paid to a participant by the city including participant contribu-
tions icked u b the cit throu h a reduction in the artici-
ant's com ensat~on wh~c are not ~nc u ed in the ross ~ncome of
the art~c~ ant for t e taxab e ear ~n wh~c such amounts are
contri uted, and exclusive of overtime pay, comm~ssions, bonuses,
expense allowances, and all other extraordinary compensation.
Section 3. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 4. That this ordinance shall become effective
ten (10) days after second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1989.
MAY 0 R
ATTEST:
First Reading
July 25, 1989
Second Reading
. 2 -
Ord. No. 48-89
[Iry DF DElAAY BEA[H
CITY ATTORNEY'S OFFICE
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MEMORANDUM
Date:
July 17, 1989
To:
Robert A. Barcinski, Interim City Manager
John Elliott, Jr., Assistant City Manager
David M. Huddleston, Director of Finance
Marty Ritchason, Personnel/Labor Relations Director
From: Herbert W.A. Thiele, City Attorney
Subject: Proposed Ordinance Regarding General Employees
Pension Plan Changes
Attached hereto for your review and subsequent scheduling for
consideration by the City Commission, please find a draft
ordinance prepared by the City Attorney's Office to implement
certain changes in the General Employees Pension Plan.
These changes would implement the pre-tax (pick-up)
contributions and the change from a 6% to a 4.5%
contribution towards the Pension Plan.
employee
employee
You should note that this ordinance is based upon the recom-
mended language submitted by Wallace W. Wilson, of the Wyatt
Company, the Actuaries who represent the City's General
Employees Pension Plan.
It is Mr. Wilson's recommendation that this ordinance be
adopted at an upcoming meeting, but that the changes set forth
therein would not be effective until October 1, 1989. It is
also Mr. Wilson's recommendation that the City implement these
changes without the necessary prior approval of the Internal
Revenue Service since it is his opinion that such approval is
"virtually automatic". This implementation timing is a policy
consideration for the the City Administration and the City
Commission to address when this ordinance is presented for
first reading.
If you would like any additional information, please contact
the City Attorney's Office.
cf'sh
Attachment
cc: City Commission
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MEMORANDUM
To:
Frank Spence, Development Services Director
Thru:
Jerome Sanzone, Chief Building Official
Joyce A. Desormeau. Occ. Lic. & Sign Admin. ~~
From:
Date: August 3, 1989
Subject: REQUEST FOR NOSTALGIC SIGN WAIVER
---------------------------------------------------------------------------
Tropical Barber
Atlantic Ave.
sign waiver.
Shop, 825 N. Federal Highway and Westside Liquors, 301 W.
have made application to the City Commission for a nostalgic
Both sign waivers are for roof signs which are prohibited in the code per
Sec. 162.073.
The nostalgic sign committee did not wish to consider the Tropical Barber
Shop sign. They understood that Mr. Longbottom had previously stated that
subject sign was moved from its free standing location to it's current roof
top position per the city's suggestion.
The nostalgic sign committee did consider the Westside Liquor roof top sign,
but did not include it, as they felt there was adequate room on the walls to
move subject sign.
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TO:
WALTER BARRY,
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CITY MANAGER ,~
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DIRECTOR, DEVELOPMENT SERVICES
FROM:
FRANK SPENCE,
DATE: JUNE 22, 1989
SUBJECT: NOSTALGIC SIGNS - WESTSIDE LIQUORS
-----------------------------------------------------------------
REQUEST:
Responding to Commission direction given at their June 13,
1989 meeting, as well as the owner Ms. Carolyn Cunningham,
reconsideration of denial of designatiori of the Westside
Liquors roof top sign as a nostalgic sign and exemption
from the sign ordinance, is hereby presented.
BACKGROUND:
The original review committee, consisting of William
Wilsher, Alice Finst, Frank Spence, Lula Butler, Joyce
Desormeau and Jeff Kurtz, met on February 21, 1989, to
reviaw non-conforming signs and to recommend exemptions
based on a criteria for historic or nostalgic appeal to the
City Commission for approval, which Commission subse~uently
gave after a pUblic hearing on March 28, 1989.
The committee did not rec~mmend a waiver of the Wests ide
Liquors sign because "there was nothing ,especially redeeming,
about this particular sign, as it was rather plain and did
not have much history associated with it." The complete
committee report written by Jeff Kurtz is attached.
RECOMMENDATION:
If the Commission desires to move forward with
reconsideration, then the appropriate motion is to direct
the City Clerk to .advertise for a pUblic hearing pursuant to
Section 30.15 of The Code of Ordinances of the City of
Delray Beach, Florida, to consider waiving the applicability
of Section 162.070 "Off-Premises Signs; Exception" which
prohibits roof signs, to allow existing roof sign to remain
at Westside Liquors at 301 W, Atlantic Avenue.
FS:aw
Disk: FS#2
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MEMORANDUM
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To:
Walter Barry. City, kanager
Thru:
Frank Spence. Development Services Director ~
Lula Butler. Community Improvement Director' /l/:/
From:
Joyce A. Desormeau. Occ. Lie. & Sign Admin.'
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Date: June 21, 1989
Subject: WESTSIDE LIQUORS REQUEST FOR NOSTALGIC SIGN INCLUSION
-----------------------------------------------------------------------------
Attached is a request by West Side Liquors. 301 W. Atlantic Ave.. to
add their nonconforming roof signs in 'the nostalgic waiver granted by the
City Commission March 28. 1989.
Ms. Cunningham's comment regarding the neon sign is well taken, as the only
other open neon flat wall sign in the area is the Love Drug's sign on E.
Atlantic Ave.
Although the nostalgic sign committee did not address the neon sign
issue directly, they felt there was adequate room on the walls to sllow the
rooftop signs to be moved onto the walls. The committee also felt there was
not much history associated with the sign. therefore Ms. Cunningham has
supplied background information in her request.
c: Jerome Sanzone
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ROY Nl. JIMON, A.l.A., An~.I-I1T'ECT'
architects and planners
.
June 13, 1989
City Commissioners
City of Delray Beach
100 Northwest First Avenue
Delray Beach, Florida 33444
Re: Nostalgic Signs
West Side Liquors
301 West Atlantic Avenue
Dear Commissioners:
At the recommendation of a special committee for "Nostalgic
Signs", on March 28, 1989, you granted a Waiver of City Ordinances
relating to five signs in the community. The sign at West Side
Liquors was not included in the list.
West Side Liquors' sign is a concrete structure designed as a
significant element of the building utilizing the signage
techniques of the post World War II era. The building was
constructed approximately 35 years ago, in the mid 1950's.
In 1980, minor ~enovation~ to the building facade included the
wood veneer and a canopy above' the sidewalk. The sign and
building structure were left intact.
Because the sign structure is an integral part of the building,
is approximately 35 years old, has served the same business in
the same location during that time, has painted signage illuminated
by bent neon tubes forming its letters (a dying art form), it
possesses significant historical value and should be granted an
exception to the. current sign ordinances.
Respectfully,
~.^.J.
:o~. Simon, A.I.A.
y
100 northcast fifth aVCIlUC, suitc U'2, Jelrc.l1 beach, floriJu 33483 .407-278-t914
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..JfY OF DElRRYDERCli
. ':fY ATTORNEY'S OFFICE "I"~1 1
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Date:
t1.;u:ch ;!, .19fJ~
~ro :
Cl ty <.ommlsn.i.on
Fr.om:
J..:ffrp.'j s. K\\rt?, l\,,~ist;jnt ':'11:1' lIttorncy
Subject: Nost~lqic Siqns
A committee consisting of \~,il1iam Wi1::;hcr I ::olTUnunl.ty Appearance
Board member), 1\lice Finst (Historic Pres'!lrvation Board
member), l-'rank Sp'ilnce, rJula Butler, .J'Jyce L1esmoreau am! myself
met on February 21, 19S9 t,o discuss nostalgil:: signs within the
City of Delray Beach. This meeting was in a~cordance with the
City Commission's directive to look at the nonconforming signs
Which presently exist. Iolithin the City and analyze which s.l.gns,
if any, remain in their present ~onfiguration despite their
nonconformity. Further, if any such signs do exist, what was
the rational th,lt would cHstinglJish those signs 'from other
signs Iolithi.n the City th.;:t ...j,olatcd t.he! !':i1mc aspects of the
.sign code.
During the course of the uisclIssion imd nfter 1:evlewing the
list of ~ll nonconforming sign~, a consensus was reached within
the corrunittee that all signs Iolhich were nonconforming due to
setback violations should be: brought into confor.mity. The
committee camr. t.o thi.s conclusion based primarily on two
factors. First, the City CommiSSion, in the Fnll of 19118,
considel"ed nonconforming signs Idth.in special l.letback aJ:eas
(i. e. Linton Boulevard) and the Commission came to the conclu-
sion that revi~ions to th~ ~lgn code to ~ccommodate those
setback viol~tLonc were innpprupri~te. With that decision in
mind, the! COIlUll1tteet'e!.:lHoned that setback violati.ons could be
cured simply by moving the! si.;lOs bac). on the propl!rty. 1 f. thp.
owners Ioli,sh to prescrv~ s\lch ci.gml, they cnn do 1;0 simpl}' by
moving the signs; ,,'hich in all likelihocd Hould be less expen-
sive then removing thl~ :;1gn, till::riC:iltlng ill1d are:cting a new
sign.
Thel'e were tHO other broad groupinqc of sign violations consid-
ered by the: cOlnmi tt.ee, th,!y being tllr: l~xi5tenGC of too many
si.gns at: a b\willr~ss, and the c;:cc!lsi'lC! spo.'lce w.~11 si.gns took
up. I t \~a~ the cOlllini t tcc' s COrlSell!!,lJS th,.'l t to the extent
.'
.
.
City Corrunis~ion
J'lar'ch 2, 1~)89
Page 2
bu~:;'iness owne,r:::; l'li th too' many ...igns wilnted to preserve a sign,
they could mnintain the best sign that was otherwise conforming
and simply eliminate the rest. As to wall signs which took up
to much space, it was falt thilt the same style sign could be
maintained simply by C!limina':lng excess verbiage or reducing
lct.ter size and therefore thosC! signs could be accommodated
within our codes and k~ep their character and integrity.
In coming to it-,s concluslons, t,he cor-mittel:! reviewed nine
sp~cific signs, to which it gave sp~ciill consideration. These
signs, along with the typ~ of violation, arc li~ted below:
1. Rosella's D~licatessen - too many signs.
2. Florida Public Utili tics - rooftop sign aod lettering
extt:!nds rnore t.han eight inches from the wall.
J. Carterut Siiving:::; Bank - looftop sign.
4. Doc's Soft. Serve - rooftop sign.
5. Lo,vc,'s Dr.ugs - rooftop sign.
6. Sail Inn - r.ooftop sign.
7 .
The 'rropicnl Barber !.ih.op
roof top sign.
8. Hestsicln Liq\l')!'s - rc'ot top si9n.
9. Paradise Club - rooftop sign.
Four \~er(~ rccommend~d for disapproval; four ',Iere l'ccornmend for
approval: and t:Jhln: \-I.110 no c:onsenSU.l on the n.i.nth. r:ilch of
those ar.e discu~u'ld below.
Most of thnse ~lgns were rooftop signs and within that
grouping, thera werll four signs which the cOllvnittcC! f.elt were
worth maintaining and all of them had some Gimilar characteris-
tics. Po sign is =onsidered to be a rooftop sign if it is
affixed tc the building and any portion of t.he s1gn e:<tends
above the roof line. Tht~ f cur !:llyns which were recommended for
approval are; CartGret Savings Bank, Doc's Soft Serve, Love's
Drugs and Sail Inn. 'l'he fOUL' signs w1thin the above group.ing
that'Vlere rejected were Rosolla's, F'lorida Public Utilities,
Tropical Barber Shop !lnd \'/estsicle r.iqllors. The committee could
not. come to a consensus on the ParadiGe Club sign.
Rosella's remaining nonconformity was that there is an excess
of signs on the walls of the building, as rooftop sign has been
.'
.
.
City Conunission
11arch 2, 1989
Page J
.
eliminated. It was the conunittee's feeling that the signage
aspect on Rosella's that was worthy of maintaining was Rose and
the "Rosella's" under it. That portion could actually be in
compliance if the delicatessen/bakery signs were eliminated.
This is because the problem with the rose portion of the sign
is not t.he size of the wall sign, but an excess of signs.
Therefore, since the portion that was deemed to have some
nostalgic or artistic esthetic value was a sign that could be
saved it was deemed inappropriate to grant any special consid-
erations to Rosella's.
As to Florida Public Utilities, the committee's consensus was
that it should be strllck down, however" Alice Finst thought
that it was a sign that reflected a particular period of the
City's history and was wo~thy of keeping. The consensus of the
committee was that the basic character of the sign could be
maintained simply by moving the lettering back, thus curing the
violation that a sign shall be no more than 0 inches from the
wall and that the little water drop was insignificant and could
be removed without effecting the overall aesthetic quality 01'
historic value of the sign. The water drop is in violation
because. it constitutes a rooftop sign, since it is above the
rCJof lille.
As to thG Tropical Ba~ber sign which is a violation because it
is a rooftop siyn. I't ~Ias felt that the sign could be prC!-
served- simply by moving it 'to the wall and therefore since .that
could easily be .\ccompl1shed, the City' could have the best of
both worlds which is maintaining the old sign, but preserving
the integrity of our code.
As to the !'Iestside qgUOl'S signs, it was in violation because
it is a rooftop sIgn. The committee felt that the~e was
nothing especially redeeming about this particular sign, as it
was rather plain and did not have much history associated with
it. Moreover, there is adequate room on the walls to allow the
rooftop sign to be' moved onto the walls or eIther appropriate
signage could be affixed to the building.
-
The four signs that the committee would recommend that the
Commission allow to remain had considerable historic or nostal-
gic appeal and were of a unique design constituting expressions
of art rather than simple advertising, or served some general
public benefit. Those signs are Doc's Soft Serve, due to the
snow cone on the rooftop sign; Love's Drugs due to the mortar
and pestle on its rooftop sign; the sailboat on the Sail Inn;
and-the Ca~tere~ Savings Bank clock because it served a public
purpose. These four signs could not remain in their present
shape if they \~ere moved. It J.s recommended that those signs
.'
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/
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City Conunission
Narch 2, 1989
Page 4
be given a special exemption from the sign code because of
their artistic and historic of pUblic !lervice value. These
signs were in existence pr Lor to t,he passage of our current
~,ign code, The las t sign considered by the conuoi t tee was the---
Paradise Club siqn and no consenslls was reached as to it.
~taff membersof'-'the conunittee felt that the sign was rather
plain and ordinary and did not have the characteristics associ-
ated with Doc's Soft Serve, Love Drugs or the Sail Inn, whereas
other members of the committee felt that the sign was consis-
tent in character with a past time periOd and had some nO!ltal-
gic value and was worthy Qf prezervation. ____
This item will be placed on the Commission's agenda for their
consider a tion cllld direction, The procedure the conuni t tee f e 1 t
was most appropriate to accomplish the preservation of the
signs the Commission feels worthy of preservation is by speci-
fic waiver of the sign code ordinance's applicability to those
particular signs. Such waiver would be accomplished by adver-
tising the waiver of the ordinances and passage of the same by
the City Conunission at an upcoming regularly scheduled meeting.
JSK:sh
cc: Walter Q. Barry, C~ty Manager
Members,
"
MEMORANDUM
To:
Frank Spence, Development Services Director
Thru:
From:
Jerome Sanzone, Chief Building Official
Joyce A. Desormeau. Occ. Lic. & Sign Admin. ~~
Date: August 3. 1989
Subject: REQUEST FOR NOSTALGIC SIGN WAIVER
---------------------------------------------------------------------------
Tropical Barber
Atlantic Ave.
sign waiver.
Shop, 825 N. Federal Highway and Westside Liquors. 301 W.
have made application to the City Commission for a nostalgic
Both sign waivers are for roof signs which are prohibited in the code per
Sec. 162.073.
The nostalgic sign committee did not wish to consider the Tropical Barber
Shop sign. They understood that Mr. Longbottom had previously stated that
subject sign was moved from its free standing location to it's current roof
top position per the city's suggestion.
The nostalgic sign committee did consider the Westside Liquor roof top sign.
but did not include it, as they felt there was adequate room on the walls to
move subject sign.
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[ITY DF DELRAY BEA[H
100 NW. 1st AVENUE
OELAAY BEACH, FLORIDA 33444
305/24J.7000
July 13, 1989
Mr. Ralph Longbottom
P.O. Box 2192
Delray Beach, Florida 33444
RE: Tropical Barber Shop Sign
Dear Mr. Longbottom:
As a follow-up to my letter of July 5, 1889, and after further
review of your request that consideration be given to designating
your father's Tropical Barber Shop sign as a historic or
nostalgic sign, I will consider your letter to be a request that
this sign be exempt from the city's sign ordinance and will
schedule it for consideration by the City Commission at the next
meeting on July 25, 1989. If the City Commission decides to give
further consideration to your request then a public hearing must
be called to waive the city's sign ordinance. This public
hearing would be held at the City Commission meeting of August 8,
1989, beginning at 7:00pm in City Hall Commission Chambers.
Should you have any further questions on this matter or the
procedures that will be followed please call Frank Spence,
Director, Development Services at 243-7008.
Very truly yours,
;7 -=.
//m~~ /
wa~~l~. Barr~
City Manager
law
.-Y:7
cc: Joyce Desormeau
Jerry Sanzone
Frank Spence
A:Longbottom.Ltr
Tuc I=CCf"\CT l1.l^,^VC:: ""^TTCOC'
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[ITY DF DElARY BER[H
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
4071243.7000
July 5, 1989
Mr. Ralph Longbottom
P. O. Box 2192
Delray Beach, Florida 33444
Dear Mr. Longbottom:
I received your letter regarding the signage at your father's
Tropical Barbershop. You referenced an enclosure which was
omitted from the letter but I gathered it was a directive to
remove the sign.
Assuming that is the case I have asked staff to review the
facts and background of the issue at your father's shop. I
have asked Frank Spence, Director of Development Services to
review the matter and pending his findings, I will get back
to you.
.
Yours truly,
~. t:
il~~BARRY
city Manager
WOB:nr
cc: Frank Spence/w enclosures
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CERTIFIED MAIL
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guess trIac ~~ri~ tht S:iaw that crC~E th~ c~c;~ls cae:...
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LAW OFFICES OF
J:'!..t.LLI..
APR 1 3 1989
~Iif
ROGER G. SABERSON, P.A.
DELRA Y EXECUTIVE MALL
110 EAST ^ TLANTIC A VENUE
DELRA Y BEACH. FLORIDA 33444
CITY MANhGtR'S OFfIC~
(4071272-8616
April 10, 1989
Mr. Walter Barry, City Manager
City of De1ray Beach
100 NIl First Avenue
De1ray Beach, Florida 33444
Re: Offer to purchase property lying north of sodded
side yard of Cason Cottage
Dear Walt:
Please be advised that I represent a client who would be
interested in acquiring the city property lying north of the sodded
side yard of Cason Cottage, and in regard thereto I enclose a Contract
for Sale and Purchase for the City's consideration.
The most recent sales in the R.O. district as shown in the
appraisal (cost approach) done on the Love's duplexes would indicate a
fair price of $2.00 per square foot. My client is agreeable to a
purchase price of $30,000.00, which would result in a per square foot
sale price to the city of approximately $2.25.
The
historic
1920's.
purpose of this purchase is for the client to build a
replica residence, the type of which was popular in the
My client has deposited with me a check in the amount of $1,000.00
and, in the event that the City agrees to the sale, the client will
increase the deposit to 10 percent of the purchase price within 7 days
after the City's acceptance.
Please note that the deadline for the City's acceptance or
rejection of this offer is April 26, 1989.
I would appreciate it if you would distribute a copy of this
letter and the enclosed Contract to the Mayor and members of the City
Commission.
Thank you.
Sin~er~s,
RO~'G. SABERS ON
RGS/jb
cc: Mr. Herb Thiele, City Attorney
.
.
,
\~
;,
~ONTRACT FOR SALE AND PURCHA
PARTIES:
01
CITY OF DEL RAY BEACH, a Florida Municipal Corporation
.("~"l.
and ROGER G. SABERSON, Trustee and not individually '''Suy",\.
01 110 East Atlantic Avenue, Delray Beach, Florida 33444 IPha"" 407/272-8616 \.
hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Prooertv") and personal property r'Personaltv") (collectively "Prooertv") upon the following
terms and conditIOns which INCLUDe the Standards for Real Estate Transactions pnnted on the reverse or attached ("Standard/s)") and any addendum to thIS Instrument
( Phone
I. DESCAIPTJON:{aILegaldescriptionofReaIPropertylocatedin Palm Beach County,Florida: South 32 feet of Lot 5 and
all of Lot 6, Block 67, Town of Delray, formerly Town of Linton, accordin~ to the Plat thereof
recorded in Plat Book I, Pa~e 3, Public Records of Palm Beach County, Florida
(bj Street address. city, zip, of the Property is: n/ a
(el Personalty none
II. PURCHASE PRICE.
PAYMENT:
(al Oeposit(sl to be held in escrow by Ro~er G. Saberson, P.A.
(b) Subject to AND assumption of mortgage in good standing in favor of
s
30,000.00
in the amount of $
1,000.00
having an approximate present principal balanc8 of $
(c) Purchase money mortgage and mortgage note bearing annual interest at 0'0 on terms set forth herein, in amount of $
(d) Other AncHr-ion.ql dpno~it dllP tJithin 7 d.qy~ of Sel1e.rts acc..entanc..e $ 2.000.00
(e) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations $ 27.001').00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: Jf this offer is not executed by and delivered to ail parties OR FACT OF EXECUTION communicated in writing between the parties
on or before Apri 1 26 ] qgq the deposit(s) will, at Buyer's option, be returned 10 Buyer and the offer withdrawn
The date of this Contract ("Effective Date') will be the date when the last one of the Buyer and the Seller has signed this offer.
I
Obtaining a written commitment for the loan within days from Effective Dale, at an initial interest rate not to exceed %; term of years
and in the principal amount of $ Buyer will make application within days from Effective Date, and use reas ence to obtain the loan com-
mitent and, thereafter, to meet the terms and conditioos of the commitiment and to close the loan. Buyer shall pay all loan e yer fails to obtain the Joan commitment and
promptly notifies Seller in writing, or after diiigent effort fails to meel the terms and conditions of the co 0 waive Buyer's rights under thiS subparagraph within the time
stated for obtaining the commitment, then either party meW cancel the Contract and Buyer shall the deposit(S).
(b) The existing mortgage described in Paragraph lI(b) above has (CH 2)): (1) 0 a variable interest rate OR (2) 0 a fixed interest rate of " per annum
At time ot title transfer some fixed interest rates are subJec e. If increased, the rate shalt not exceed % per annum. Seller shall, within
days from Effective Date. furnish a statement fro gees stating principal balances, method of payment, interest rate and status of mortgages. If Buyer has agreed to assume
a mortgage which requires approv y the mortgagee for assumption, then Buyer shall promptly obtain all required applicalions and will diligently complete and relurn them
to the mortgagee, A c arge(s) not to exceed $ shall be paid by (if not filled in, equally divided). ff the Buyer is not accepled
by mo requirements for assumption are not in accordance wilh the terms of the Contract or mortgagee makes a charge in excess of the stated amount. Seller or
provided, that there exists at closing no violation of the foregoing and none of them Pi'"events use of Real Property for c.i ngl t:> f ::lmi 1 y hntnt:> purpOse(Sl
VIII. OCCUPANCY: SeHer warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property al time of closing unless otherWise
stated herein, If occupancy is to be delivered before closing. Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed 10 have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or In a separate writing.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shaU control a/l printed provisions of Contract in conflict with them
X. INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Insulation Rider or equivalent may be attached.
XI. COASTAL CONSTRUCTION CONTROL UNE (.CCCL-) RIDER: If Contract is utilized for the sale of Property affected by the CCCL, Chapter 161, FS_. (1985). as amended.
shall apply and the CCCL Rider or equivalent may be attached to this Contract.
XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA-) RIDER: The parties shall comply with the provisions of FIRPTA and applicable regulations which could
require SeUer to provide additionai cash at closing to meet withholding reqwements, and the FIRPTA Rider or equivalent may be attached to this Contract
XIII. ASSIGNABIUTY: (CHECK (1) or (2)): Buyer (1) [J[may assign OR (2) 0 may not assign Contract.
XIV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) ag is attached OR (2)0 is not applicable.
THIS IS INTENDED 10 BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD. SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING,
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIAT10N OF REALTORS AND THE FLORIDA BAR
Approval does not constitute an opinion that any of the tenns and conditions in this Contract should be accepted by the parties in a particular transaction Terms
and conditions should be negotiated based upon the respective interests, obieCtives and bargaining positions of all interested persons.
gN~ ~. ;~88 S~j~;;78A~~D ~H~L~R~A ~S~C'AT'ON OF REALTORS,'NC
(Buyer) / , I (Seller)
----------
Date
Social Security or Tax 1.0. II
Social Security or Tax I.D. II
(Buyer)
Date
(Sell..-)
Da.te
Social Security or Tax 1.0. II
Social Security or Tax 1.0. #
Deposit(sl under Paragraph II received: IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE.
BRSIliR 8 reE.1811e811 ! ger Ifll!ill! Tr Ii 11 'IS: .PPI1sIGAgLEI By:
o IF A USTINQ AGREEMENT IS CURRENTLY IN EFFECT:
OR
o IF NO USllNQ AGREEMENT IS CURRENTLY IN EFFECT:
Seller shall pay the Broker named below, at time of closing. from the disbursements of the proceeds of the sale, compensation in th of (COMPlETE ONLY ONE)
- % of gross purchase price OR $ , for Broker's services in effecting the sale by finding the Buyer ready, able to purchase pursuant to the fOregoing
Contract. If Buyer fails to perform and deposit(s) is retained, 50% thereof, but not eXCeeding the Broker's fee above ,all be paid Broker, as full consideration tor Broker's
services including costs expended by Sroker, and the balance shall be paid to Seller. If the transaction shall e because of refusal or failure of Seller to perform. Seller shall
pay the full fee to Broker on demand. In any litigation arising our of the Contract concerning the ee, the prevailing party shall recover reasonable attorney fees and costs.
(Escrow Agent)
By:
(fjrm name of Broker)
(name of cooperating sub-agent)
(Seller)
(authorized
(Seller)
RIDFR~ f'.AN RF ORTAINFn FAnu TI-IF FI nDln.a A~c::n"'IATlnJ.J nlC:: DIC::.... T^...~ ...... ....._ _. __._ _
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1) An abstract at, title prepared or brought current by a reputable and existing_abstract firm (if not existing then certified as correct by an existing firm)
purporting to be an accurate synopsIs of the Instruments affecting title to Real Property recorded in the public records of the county where,n Real Property IS located. through Effective
Date and which shall commence with the earliest public records. or such later date as may be customary In the county. Upon closmg of this transaction the abstract shall become
the property of Buyer. subject to the right of retention thereof by first rT'IOffgagee until fully paid. (2) A litle insurance commitment issued by a Fklrida licensed title insurer agreeIng
to issue 10 Buyer, upon recording of the deed to Buyer, an OWnef"S policy of title insurance in the amount of the purchase price. insuring Buyer's title to Real Property, subJect only
to liens., encumbrances, exceptions or QUaliflcahon set forth in this Contract and those which shall be discharged by Seller at or before closing., Seller shall convey a marl<etable
title subte(:t only to liens, encumbrances, exceptions or QUalifICations set forth In Contract. Marl<etable btle shall be determined according to applicable Title Standards adopted by
authOrity of The Florida Bar and in accordance wrth law. Buyer shall have 30 days, iI abstract or 5 days, if title commitment. from date of receiving evidence of title to examine
It If Iltle is found defectIVe, Buyer shall, within 3 days, notify Seller In Writing speclfYII""1g defect(sl. If the defect{s) render title unmarketable. Seller Will have 120 days from receipt
01 notice within which to remove the delect(s), failing which Buyer shaH have the option of either accepting lhe title as it then is or demanding a refund of deposlt(s\ paid which
shall immediately be returned to Buyer: thereupon Buyer and Seller shaH release one another of all further obligations under Ihe Contract. Seller Will, if litle is found unmarketable.
use diligent effort to correct defect(s} in title within the time provided therefor, including the bringing of necessary suits.
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SEllER: A purchase money mortgage and mortgage note to Seller shall prOVide for a 30 day grace pe"r-;--od" In
the event of default if a first mortgage and a, 15 day grace period if a second or lesser mortgage;, shall provide for right of prepayment In whole or In part WIthout penalty: shall
not permit acceleration or Interest adjustment In event of resale of Real Property; shall reqUire aU prior lien and encumbrances to be kept In good standing and forbid modifications
of or future advances under prior mortgage(s); and the mortgage, note and security agreement shall be otherwise in form and content required by Seller: but Seller may only reqUire
clauses customarily found in mortgages, mortgage notes, and security agreements generally utilized by saving and loan institutions, or state or national banks located in the county
wherein Real Property IS located. All Personalty and leases being conveyed or 8SSlQned will, at Seller's option, be sub}8Ct to the lien of a security agreement eVidenced by recorded
financing statements. If a balloon mortgage, the final payment will exceed the periodiC payments thereon.
C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same. may have Real Property surveyed and certified by a registered Florir
surveyor, If survey shows ercroachment on Real Property or that improvements located on Real Property encroach on setback lines, easements. lands of others. or violate any restrictr., IS.
Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
o. TERMITES; Buyer. at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Certified Pest Control
Operator to determine if there is any visible active termite infestation or visible existing damage from termite Intestation in the improvements_ If either or both are found, Buyer will
have 4 days from date of written notice thereof, within which to have all damages, whether visible or not, inspected and estimated by a licensed builder or general contractor Seller
shall pay valid costs of treatment and repair of all damage up to 2% of purchase price. Should such costs exceed that amoufll, Buyer shall have the option of cancelling Contract
within 5 days after receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed WIth the transaction, in which event Buyer shall receive
a credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include all wood
destroying organisms required to be reported under the Florida Pest Control Act.
E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph vn hereof.
title to which is in accordance with Standard A.
F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration
of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be
furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at clOSing.
deliver and assign all original leases to Buyer.
G. LIENS: Seller shall furnish to Buyer at time of Closing an afflClavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or
potential lienors known to Seller and further attesting that there haw been no improvements or repairs to Property for 90 days immediately preceding date of closing. If Property
has been improved, 0( repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen
in addition to Seller's lien atfidavTi setting forth the names of all such general contractors. subcontractors, suppliers and materialmen and further affirming that all charges tor improvements
0( repairs which could serve as a basis for a mechanic's lien 0( a claim fO( damages have been paid or will be paid at closing.
H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller
I. TIME: Time is of the essence of this Contract. Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and slate or national legal holidays.
and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day.
J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, biU of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments.
Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements.
K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money
mortgage to Seller, deed and financing statements shall be paid by Buyer.
L PRORAnONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have
the option of taking OYer any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be
required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and
escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made lor maximum allawable discount.
homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed. and current year's assessment is available, taxes will be prorated based
upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements
on Real Property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior
year's millage and at an equitable assessment to be agreed upon between the parties, failing which, reQuest will be made to the County Property Appraiser for an informal assessment
taking into consideration available exemptions. Any tax proration based on an estimate may, at reQUeSt of either Buyer or SeUer, be subseQuently readjusted upon receipt of tax bill
on condition that a statement to that effect is in the closing statement.
M. SPECIAL ASSESSMENT UENS: Certified, confirmed and ratified special assessment liens as of date of Closing (and not as of Effective Date) are to be paid by Seller, Pending
liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified,
confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body
N. INSPECTION, REPAIR AND MAINTENANCE: SaUer warrants that. as of 10 days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls
do not have any VISIBlE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are
in 'NORKING CONDITION. Buyer may, at Buyer's expense. have inspections made of those items by an appropriately Florida licensed person dealing in the construction, repair or
maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to
Buyer's occupancy or not less than 10' days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's
warranties as to defects not reported. If repairs or replacement are required, Seller shall pay ~ to 3% of the p.Jrchase price tor such repairs 0( replacements by an appropl'iately
Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds 3% of the p.Jrchase price, Buyer or Seller may elect to pay such excess, failing which
either party may cancel this Contract. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will. upon reasonable
notice, provide utilities service for inspections. Between Effective Date and the ctosing, Seller shall maintain Property including but not limited to the lawn and shrubbery, in the condition
herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of Property prior to closing in order to confirm compliance with this Standard
O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so
damaged, cost of restoration shall be an obligation of the Seller and Closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing. If the cost
of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3% or
any insurance proceeds payable by virtue of such loss or damage, or of cancelling Contract and receiving return of deposit(s).
P. PROCEEDS OF SALE; CLOS1NG PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to sho.~
title in Buyer, without any encumbrances or change which woutd render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale shall be held in escrow
by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If Seller's title is rendered unmarketable.
through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days trom date of receipt of such notification to cure
the defect. tf Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and Simultaneously WIth
such repayment. Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund. Buyer
shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed, If a portion
of the purchase price is to be derived from institutional financing or refinancing, reQuirements of the lending institution as to place. time of day and procedures for closing. and for
disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to reQuire from the lending institution a written commitment that
it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer*mortgagor. The escrow and closing procedure required by this Standard
may be waived if title agent insures adverse matters pursuant to Section 627,7841. F_S_ {19B7), as amended.
Q. ESCROW: Any escrow agent {"~") receiving funds or eQUivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and. subject
to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties
or liabilities under the provisions of Contract, Agent may, at Agent's option. continue to hold the subiect matter of the escrow until the parties mutually agree to its disbursement
or until a judgment of a court of competent Jurisdiction shall determine the rights of the partieS or Agent may deposit with the clerk of the circuit court having rurisdicticn ot the
dispute, Upon notifying all parties concerned of such action, all liability on the part of Agent shall fulty terminate, except to the extent of accounting for any items previously delivered
OIJt of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended, Any suit between Buyer and Seller where Agent is ,nde
a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and ,:,)sts
incurred with the lees and costs to be charged and assessed as court costs in favor of the prevailinc ;Jarty, Parties agree that Agent shall not be liable to any party )f pUS0r
lor misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful brt::'dch of Contract or gross negligence of Agent.
R. ATTORNEY FEES; COSTS: In any litigation arising out of this Contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs
S. FAILURE OF PERFORMANCE: If Buyer fails to perfOl"m this Contract within the time specified (including payment of all deposit(s/l, the deposit(s) paid by Buyer may be retaIned
by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of ?ny ciaims: whereupon. Bu~er J.nd Seller
shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rigt1ts under this Contract. If, for any rec:son other tr,an failure
of Seller to make Seller s title marketable after diligent effort, Seller fails, neglects Of refuses to perform this Contract, the Buyer may seek speCific performance or elect to recer..e
the return of Buyer's deposit(s} without thereby waiving any action for damages resulting from Seller's breach
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract Shall bind and
inure to the benefit of the parties and their successors in interest. Whenever the context permits. singular shall include plural and one gender shall include all. Notice gIVen by Of
to the attorney for any party shalt be as effective as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to Reat Property by statutory warranty, trustee's. persona! representative's or guardian'S deed, as appropriate to the status of Seller, subtect
(illy to mattGrs contained in Paragraph VII 3.nd those otherwise accepted by Buyer Personalty shall. at request of Buyer, be transferred by an absolute bilt of sale with warranty
of litle, sub.iect only 10 such matters as may be otherwise provided for herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract No modification or change In
this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
W. WARRANTIES; Seller warrants that there are no facts known to Seller matenally affecting the value of the Real Property which are not readily observable by Buyer or which
r:l.Ve not been disclosed to Buyer
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE BETWEEN
CITY OF DELRAY BEACH, A FLORIDA MUNICIPAL CORPORATION, AS SELLER, AND
ROGER G. SABERSON, TRUSTEE AND NOT INDIVIDUALLY, AS BUYER
Notwithstanding any other provisions in the Contract for Sale and
Purchase between the parties the following provisions shall control:
1. In the event of a default by the Buyer the Seller's sole and
exclusive remedy shall be to retain the deposit made by Buyer
hereunder by and for the account of Seller as liquidated
damages, consideration for the execution of this Contract and in
full settlement of all claims; whereupon Buyer and Seller shall
be relieved of all obligations under the Contract.
2. Seller represents and warrants unto the Buyer that there are no
brokerage fees, finders fees or brokers commissions due as a
result of any act, omission or conduct of the Seller in regard to
this transaction and agrees to indemnify and hold harmless the
Buyer for any inaccuracy in the foregoing representation and
warranty.
Buyer represents and warrants unto the Seller that there are no
brokerage fees, finders fees or brokers commissions due as a
result of any act, omission or conduct of the Buyer in regard to
this transaction and agrees to indemnify and hold harmless the
Seller for any inaccuracy in the foregoing representation and
warranty.
1. The City of Delray Beach shall have the absolute right to cancel
this contract if after conducting the public hearing required by
Section 36.35 of the City Code of Ordinances, the City Commission
determines, for whatever reason, that the sale of the property is
not in the best interests of the citizens or the City of Delray
Beach. By its execution of this Contract the City agrees to
conduct the public hearing not later than May 23. 1989. Not
later than five days after the public hearing the City shall
notify the Buyer in writing indicating whether the City will
cancel the contract or that the City Commission has approved the
sale in accordance with the terms and conditions set forth in
this contract. In the event that the Buyer has not received any
written notification from the City within five days after the
public hearing but in any event not later than May 29, 1989, then
the Buyer may cancel this contract and receive a full refund of
all deposit monies paid hereunder.
4. The Seller and Buyer agree that ROGER G. SABERS ON is not
individually or personally liable under this Contract for Sale
and Purchase or in regard to any of its terms and conditions.
IN WITNESS WHEREOF the parties have executed this Contract on the date
indicated next to their signature.
CITY OF DELRAY BEACH,
a Florida Municipal Corporation
BY:
Date:
DOAK CAMPBELL, III, Mayor
~1~/J~~ ~ Date:'1/!IUl
ROG 'd. SABERSON; Trustee and '
Not Individually
July 14, 1989
The Mayor and City Commission
City Hall
100 NW 1st Ave.
Delray Beach, Florida 33444
Dear Mayor Campbell and commissioners:
It has come to the attention of the CRA that a prospective
purchaser came forward for the vacant lot north of Cason Cottacre.
This lot is in the CR." district and therefore as a board -.re
considered the issue of having it developed for private use.
After much discussion, the consensus of our board was to advise
against selling the land for private development_ We believe it
should be reserved for community use and may serve a better purpose
as future development occurs in and around that area.
Sincerely,
',,",
/.,;-,
Kevin Egan
Acting Ch3irman
cc: CRA
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OlD
SCHOOl
.SOUAR(.
Old School Square. Inc.
p"" 0Hic. Box 1897
51 Nor1h s.Mnton Moo<
o.tray a.ach. Florida 33447
(407) 243,7922
JULY 19, 1989
HON. DOAK CAMPBELL, MAYOR
CITY OF DELRAY BEACH
100 N.W. FIRST AVENUE
DELRAY BEACH, FL 33444
RE: OLD SCHOOL SQUARE DISTRICT PROPERTIES
DEAR DOAK:
AS PRESIDENT AND CHAIRMAN OF THE BOARD OF OLD SCHOOL
SQUARE, INC,. AND ON BEHALF OF THE BOARD OF DIRECTORS,
I PRESENT THE FOLLOWING POSITION STATEMENT:
WE WOULD LIKE ~HE CITY COMMISSION TO CONSIDER PROPERTIES
OWNED/HELD BY THE CITY IN THE AREA OF OLD SCHOOL SQUARE
WHICH MAY MAKE A VIABLE IMPACT ON THE OLD SCHOOL PROJECT
BE HELD IN RESERVE (A BANKED ASSET) FOR AT LEAST 6-12
MONTHS AS WE AT OLD SCHOOL SQUARE BEGIN TO MAKE FINAL
DECISIONS ON OUR ARTISITIC AND PROGRAMMING POSITION,
,
IN PARTICULAR. WE REFER TO TH~ PROPERTY IMMEDIATELY
NORTH OF CASON COTTAGE AND THE LOVE PROPER1~ (AND
PIERCE TIRE/OCEAN CITY AUTO PARTS SHOULD THEY COME
UNDER CITY OWNERSHIP).
IT IS OUR POSITION THE $6.2 MILLION OLD SCHOOL SQUARE
PROJECT SHOULD TAKE PRECEDENCE AND BE AN OVERRIDING
CONSIDERATION IN MAKING DECISIONS FOR FINAL DISPOSITIONS
ON THESE SITES AJOINING OLD SCHOOL SQUARE.
CORDIALLY.
~~
FRANCES F. BOURQUE
PRESIDENT/CHAIRMAN OF THE BOARD
FFB:MS
COPY: BOB BARCINSKI, ACTING CITY MANAGER
SANDY SIMON, VICE PRESIDENT, OLD SCHOOL SQUARE
"
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MEMORANDUM
FROM:
BOB BARCINSKI, ACTING CITY MANAGER
DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT, COORDINATOR
LULA BUTLER, COMMUNITY IMPROVEMENT, DIRECTOR'~
TO:
THRU:
DATE:
JULY 24, 1989
SUBJECT:
CDBG PROPOSED STATEMENT OF OBJECTIVES & PROJECTED USE
OF FUNDS. 1989-90 PUBLIC HEARING - AUGUST 8, 1989.
In compliance with HUD regulations governing citizen
participation, a public hearing is scheduled for the August 8th
regular commission meeting. The purpose of the public hearing is
to receive citizen comments on the Proposed Statement of
Objectives and Projected Use of Funds for fiscal year 89-90. The
same will be published in the News of Delray Beach on July 31,
1989.
Staff conducted a Needs Assessment meeting~!ts_p~~9~ed use_of
funds for fiscal year 89-90 on May 24th at Pompey Park. Eleven
(11) persons from the communify were in attendance and ~'tecr-
staff's proposed budget with one change. It was suggested that
funds be provided for the installation of Landscaping at Carver
Estates. This change has been incorporated into the attached
Proposed Statement.
The City's Entitlement Allocation for fiscal year 89-90 is
$453,000. We have determined that the primary needs and
objectives for Community Development are to provide for the
improvement of housing opportunities and conditions through the
housing rehabilitation, clearance of unfit housing; to continue
efforts in planning for housing needs, provide for the
development of land to encourage infill housing and new housing
opportunities. All of the Community Development activities
provide either a direct or area benefit to the City's low and
moderate income residents.
cc: Proposed Statement File
PROPOSE3
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
PROPOSED STATEMENT OF OBJECTIVES
AND PROJECTED USE OF FUNDS
FISCAL YEAR 1989-1990
INTRODUCTION
The Community Development Block Grant (CDBG) was established by
Congress with the Housing and Community Development Act of 1974
to provide local governments and residents with funds needed to
work in a comprehensive manner towards the improvement of low and
moderate income neighborhoods by providing for capital improve-
ments that would adequately upgrade public facilities and ameni-
ties, provide for the upgrading of housing, including stimulation
of new housing opportunities; economic development acti vi ties,
public services, historic preservation; reduce conditions which
adversely affect the health and safety of community residents and
providing for other community development needs having a particu-
lar urgency.
Each CDBG activity must address one of the three national objec-
tives which are as follows:
1) Activities benefiting low and moderate income persons.
2) Activities which aid in the prevention or elimination of
slums and blight.
3) Activities designed to meet the community development
needs having a particular urgency.
Since the beginning of the CDBG Program (Fiscal year 85-86), the
City of Delray Beach's allocation has totaled $1,444,000. All of
the funds are spent to improve the area designated as the "CDBG
Target Area", which was selected on the basis of the condition of
the housing and public improvements, as well as the percentage of
low and moderate income residents.
FISCAL YEAR 1989 PLAN
GOALS
The City of Delray Beach has as its overall goal to improve
housing opportunities and existing housing stock for the low and
moderate income residents, provide for the elimination of blight-
ed conditions that currently exist in the established CDBG target
area, to focus the emphasis of the Delray Beach Community Devel-
opment Block Grant Program on the need of low and moderate income
residents at the neighborhood and metropOlitan level.
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OBJECTIVES
The City of Delray Beach has as its basic and continuing objec-
tives for Community Development:
1) To improve deteriorated housing units, to develop new
housing opportunities and the removal of unfit housing.
2) Reduce conditions which adversely affect the health and
safety of community residents, including prevention, mitiga-
tion and elimination of fire hazards, unsanitary conditions,
hazardous conditions and public nuisance.
3)
Preserve community resources
protection of natural resources
neighborhoods.
and character, including
and the preservation of
4) Continue to provide comprehensive planning to guide communi-
ty growth, including land use planning, capital improvement
planning, new housing opportunity planning, and provisions
for economic development.
The City of Delray Beach's entitlement allocation for the period
of October 1, 1989 to September 30, 1990 is $453,000. The City
does not anticipate program income from any other source.
The City of Delray Beach has determined that the primary needs
and objectives for community development are:
1) The improvement of housing opportunities conditions
through, housing rehabilitation, clearance of unfit
housing, planning for housing needs and development of land
to encourage new housing opportunities, primarily for low to
moderate income families. Development of vacant lots
to encourage and provide for infill housing within the
established CDBG target area, and the funding of one
full-time position to preserve quality of Title XX Day Care
currently available to very low income residents in our CD
target area.
2) Preservation of the neighborhoods, through the prevention of
and the elimination of slums and blighted conditions.
I
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Proposed Use of Funds
Fiscal Year 1989-1990
Program Activitv
1. Housing Rehabilitation
Provide for approximately 13 housing
units to be brought up to standard
conditions. Census Tracts 67,68,65.02
Federal Highway, Linton Blvd.,I-95
& Lake Ida Road. 100 % Low/Moderate
Benefit.
2. Emergency Repair
Provide for emergency repairs to
owner-occupied units within the CD Target
Area. (plumbing, electric, roof,etc.) Census
Tracts 67, 68, 65.02 100% Low/Moderate
benefit.
3. Demolition/Clearance
Provide for the demolition of approximately
3 vacant, dilapidated, condemned structures
and the clearance of the property.
Census Tracts 67, 68 & 65.02.
Elimination of Slum & Blight.
4. Land Development
Provide for the installation of
water & sewer lines to proposed
project site and the construction
of streets and sidewalks for affordable
housing. Census tract 68.
100% Low/Moderate Benefit.
5. Title XX Child Care
Provide for the funding of one
full-time teacher/administrative
assistant. Census tract 65.02.
100% Low/Moderate Benefit.
l
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Amount
$ 221,831
20,000
6,600
69,678
18,850
6. Landscaping/Carver Estates
20,000
Provide for the Installation of 2500
Ficus plants to the perimeter and
interior of Carver Estates. Census
Tract 68. 100% Low/Moderate Benefit.
7. Program Administration
90,352
8. Contingency
Total Allocation
5,689
$453,000
PLAN TO MINIMIZE DISPLACEMENT OF PERSONS AS A RESULT OF CDBG
ACTIVITIES
The City of Delray Beach has developed the pOlicies listed below
to minimize displacement of families and individuals as a result
of Community Development activities:
1) Acquisition or demolition activities will be limited to
vacant, condemned or dilapidated structures, that have
been determined unsafe or contribute to blight.
2) It is not anticipated that any displacement of persons
will occur as a result of this program. However, if
displacement does occur as a direct result of property
acquisition for program improvements, tenants and
homeowners who are displaced will receive those benefits
provided for under the Relocation and Real Property
Acquisition Act of 1970, as amended. Every effort will
be made to allow displaces to locate in the neighborhood
from which they were displaced, if that is their
request. Temporary relocations will be processed in
accordance with the City of Delray Beach Optional
Relocation Policy.
PROPOSED
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ORDINANCE NO. 51-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL)
DISTRICT, IN PART, RM-10 (MULTIPLE FAMILY
DWELLING) DISTRICT, IN PART, AND R-1A (SINGLE
FAMILY DWELLING) DISTRICT, IN PART, IN SAD
(SPECIAL ACTIVITIES) DISTRICT; SAID LAND BEING
ALL OF THE NORTH 324.04 FEET OF LOT 38, SECTION
9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING EAST
OF THE EAST RIGHT-OF-WAY LINE OF THE FEDERAL
HIGHWAY, BEING STATE ROAD NO.5, AND EXTENDING
TO THE INTRACOASTAL WATERWAY, LYING AND BEING IN
PALM BEACH COUNTY, FLORIDA, AS PER PLAT RECORDED
IN PLAT BOOK 8 AT PAGE 40 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, AND LOT "A", SNOW
HILL, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED
SOUTH OF THE DELRAY DRIVE-IN THEATRE AND NORTH
OF ALLEN AVENUE, BETWEEN U.S. HIGHWAY NO. 1 AND
THE INTRACOASTAL WATERWAY; GRANTING CONDITIONAL
USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH
CERTAIN CONDITIONS; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1983"; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board, at the meeting
held August 3, 1989, recommended zoning and placing of land
presently zoned GC (General Commercial) District, in part, RM-10
(Multiple Family Dwelling) District, in part, and R-1A (Single
Family Dwelling) District, in part, in the zoning SAD (Special
Activities) District; and,
WHEREAS, the City Commission has determined that such
change should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property is
hereby zoned and placed in the SAD (Special Activities) District
as defined in Chapter 173 of the Code of Ordinances of the City
of Delray Beach, Florida, to-wit:
All of the North 324.04 feet of Lot 38, Section
9, Township 46 South, Range 43 East, lying East
of the East right-of-way line of the Federal
Highway, being State Road No.5, and extending
to the Intracoastal Waterway, lying and being in
Palm Beach County, Florida, as per Plat recorded
in Plat Book 8 at Page 4'0 of the Public Records
of Palm Beach County, Florida;
AND
Lot "A", SNOW HILL, according to the Plat
thereof recorded in Plat Book 21, Page 83, of
the Public Records of Palm Beach County, Flori-
da.
The subject property is located south of the
Delray Drive-In Theatre and north of Allen
Avenue, between U.S. Highway No. 1 and the
Intracoastal Waterway.
10
The above described parcel contains a 11.11 acre
parcel of land, more or less.
Section 2. That the uses allowed for the subject
property described in Section 1, above, pursuant to Section
173.631 of the Code of Ordinances of the City of Delray Beach,
Florida, shall be as provided for in Exhibit "A" attached hereto
and made a part hereof.
Section 3. That the development of the subject proper-
ty described in Section 1, above, is to be in accordance with the
terms, conditions and provisions as set forth in Exhibit "A"
attached hereto and made a part hereof.
Section 4. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
Section 5. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 6. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED
final reading on this the
in regular session on
day of
second and
, 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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Ord. No. 51,89
EXHIBIT "A" TO ORDINANCE #51-89
CITY OF DELRAY BEACH
PRO J E C T
MAR I N A
DES C RIP T ION
CAY.
S. A. D.
A PROJECT APPROVED UNDER THE
SPECIAL ACTIVITIES DISTRICT
PROVISIONS OF THE DELRAY BEACH
CITY CODE (173.630-638)
AS RECOMMENDED FOR APPROVAL
BY THE PLANNING AND ZONING
BOARD ON AUGUST 3, 1989
EXHIBIT "A" TO ORDINANCE #51-89
CITY OF DELRAY BEACH
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I.
ALLOWED USES: The following uses
within the Marina Cay S.A.D.
limitations herein described:
are the only uses
and are subject
allowed
to any
A. General Commercial Uses:
1.
Retail sale of goods as allowed in the
Commercial (GC) Zone District.
General
2. Business and Office Uses including professional,
medical, real estate, finance, insurance, accounting,
consulting, and general business offices.
3. Personal Services including barber and beauty shops.
4. Any commercial use involving the care and keeping of
animals, including sale of pets, is prohibited.
B. Specific Commercial Uses:
1.
Restaurants and
lounges, bars,
associated with
entertainment and
Building # 1.
food service including cocktail
and commercial entertainment when
the lounge or bar. Commercial
lounge or bar uses are restricted to
2. Servicing and repair of items which may be sold on the
premises provided that such service and repair is
adjunct to a retail sales business. This shall be
interpreted to not include installation or service or
repair of such items in the marina with the exception
of boats which regularly occupy assigned slips.
C. Residential Use:
1. Residential dwelling units limited to a maximum unit
count of 102. Minimum floor area requirements as set
forth in the RH Zone District apply. There are no
limitations, minimum or maximum, on the number of bedrooms.
D. Marina Use:
1. Sixty-two (62) slips/docks for boats.
2. The slips are for use only by owners of condominium
units in Marina Cay or lessees (residences and
commercial spaces) of such units.
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3. Boat repair facilities, fueling of boats, and rental of
boats, jet skis, or use of the docks for any commercial
activity including embarkation or debarkation is
prohibited. However, such restrictions shall not
preclude the use of a slip, designated for temporary
mooring, for the purpose of accommodating a water taxi
which operates along the Intracoastal Waterway.
4.
Use of slips for temporary mooring in order to
facilities within Marina Cay are permitted only
slips so designated on the approved site plan.
condition II.A.12)
use
at
(See
E. Associated Uses:
1. Temporary outdoor sales, displays, and entertainment
are permitted on the Esplande.
2. The Athletic Club facilities as shown on the site plan
are exclusively for the use of owners of a unit in
Marina Cay or lessees of of such units and their
guests. These facilities include the tennis courts,
handball courts, jogging trail, and facilities within
the Athletic Club structure.
II. DEVELOPMENT REGULATIONS AND REQUIREMENTS: The following
establish development regulations specifically for this
S.A.D. development. Items which are not addressed within
this Section II shall be regulated as otherwise provided in
the City Code.
A. Regulations:
1. There is no requirement for side, front, or rear
setbacks from lot lines which may be created within the
Marina Cay development. This item does not apply to
the original perimeter boundary of the site for which
the 15' setback provisions of l73.663(A) applies.
[173.633(C) ]
2. There is no requirement for building setbacks from the
interior street system (South Marina Way, North Marina
Way). However, building features and any structures,
except for Building #1, shall not extend over or within
three feet of any part of the interior street system
including adjacent parallel parking spaces. The
pedestrian walkway is a structure. [173.633(C)]
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3. The total floor area for retail, office, and restaurant
use shall not exceed 65,500 square feet. This
requirement does not include the area of the Esplande
or other areas which are common corridors or open to
the weather. [173.634(B)]
4. The height of structures shall be regulated by
l73.032(A)&(B) with the grade from which height is
measured being 10.34 feet MSL (Mean Sea Level).
(173.635)
5. A minimum of four hundred and twenty (420) useable
parking spaces, excluding loading areas shall be
provided and maintained for the Marina Cay development.
Valet parking shall be provided at Building #1 for all
noon and evening meals. (173.636) This parking
regulation is based on the analysis on page 5, the
Marina Cay Staff Report, dated July 27, 1989.
6. A six foot high block wall shall be constructed and
maintained along the boundary with the Snow Hill
Subdivision west of Palm Trail. This wall shall be
constructed prior to excavation for any structures or
pUblic improvements.
7.
No guardhouse, gateways, or restrictions
incoming traffic may exist within one
(100') of the east right-of-way line for
on the flow of
hundred feet
U.S. 1.
8. South Marina Way shall not connect to Palm Trail in
such a manner as to allow any traffic from Marina Cay
to travel upon Allen Avenue, except for emergency
situations (evacuation and municipal services).
9. North Marina Way shall be used to carry public traffic
to adjacent properties without first obtaining a major
modification to the site plan and accommodating a
redesign of North Marina Way to a local street section
standard. This restriction does not apply to emergency
situations and use by the Town of Gulfstream for
official purposes.
10. All utilities shall be placed underground.
11. All signing shall be reviewed and approved by the
Community Appearance Board.
12. No more than ten slips may be designated for "temporary
mooring" purposes.
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B.
ReqUirements: The
normal on-site
requirements may
offices.
fOllowing requirements are in addition to
development requirements. Additional
be imposed by permitting agencies or
1. Marina Cay shall install a sewer lift station to handle
sewage. The lift station shall be designed (size and
depth) to accommodate inflow from a natural sewer
service area. Concurrent with installation a gravity
main shall be extended to the lift station from the
intersection of Allen Avenue and Palm Trail if any part
of the main will be beneath the reconstructed protion
of Palm Trail. The lift station shall be enclosed and
sound-proofed to the satisfaction of the Director of
Public Utilities.
2. Marina Cay shall reconstruct the street surface of Palm
Trail northerly from its intersection with Allen Avenue
and shall provide a liT" turnaround at a location
approved by the City Engineer.
3. Marina Cay shall construct a median opening in U.S. 1.
In addition, other improvements which may include but
not be limited to restriping, widening, and a
right-turn entry lane and which are reqUired by either
the State, County, or City shall be constructed by
Marina Cay. Such additional requirements shall be
determined concurrent with the issuance of a permit
from FOOT for construction of the median.
4.
Removal and or relocation of mangroves shall
accomplished only by permit from the County E.R.M.
C. Compliance with Site Plan:
be
1. Marina Cay shall be developed in substantial compliance
with the certified site plan attached hereto and as
modified, or to be modified pursuant to Part III of
this Project Description. (This is the revised site
plan stamped received, JUly 13, 1989.) Substantial
compliance is defined herein to require that the
specific landscaping, water and sewer, paving and
drainage plans and overall site plan [which are to be
approved through the minor modification process
(173.869) subsequent to enactment of the S.A.D.
rezoning ordinance] shall be sUbstantially consistent
with the certified site plan. The Planning and Zoning
Board shall make a determination of "substantial
compliance" upon approval of such specific plans. If
such a determination is not made by the Planning and
Zoning Board, the certified site plan attached hereto
must first be modified through the major modification
process established for conditional uses (173.850).
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2. As an alternative to construction of the proposed
Marina, the area shown as such may be developed as a
lake. If so developed, it's existence shall not be a
basis for removal of the water features along U.S. 1.
The alternative of a lake shall be required if the
construction of a marina is not approved by permitting
agencies.
D. Construction Sequencinq: Marina Cay is to be developed in a
single phase. such "single phase" development is defined as
follows.
1. The first element of construction shall be the boundary
wall along the Snow Hill Subdivision.
2. The first structure for which construction is to
commence shall be Building ~l which is the structure
along the Intracoastal Waterway. Construction shall
not commence until all permits from SFWMD, FDOT, and
HRS are approved and provided to the City.
3. Occupancy of Building #1 shall not occur until such
time as the marina (lake) is excavated, parking for the
restaurant and retail/office uses within it are
constructed and certified for use, all improvements in
the south fifty feet (50') of the site west of Palm
Trail are fully constructed, and all off-site
improvements are accepted by ,the appropriate entity.
4. -
Building ~2
schedule of
traffic must
may be constructed pursuant to the time
the developer; however, all construction
be limited to North Marina Way.
5. Any facilities which are constructed on a temporary
(other than for construction work purposes) or "phased"
basis shall be developed to full standards (i.e. a
temporary surface parking lot for Building ~l shall be
per parking lot design standards).
III. CONDITIONS OF APPROVAL, SITE AND DEVELOPMENT PLAN:
A. Site Plan modifications: The fOllowing are items which are
not specifically approved pursuant to the certified site
plan. These items are to be addressed in the submission and
review of specific detail plans as identified in Part II.C.
1. The on-site entry configuration is subject to
modification as may be requested by the City Engineer.
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2. The configuration of the entry to BUilding *1 is
subject to modification as may be requested by the Fire
Marshall including a vehicle turnaround area.
3. The design of northerly terminus of Palm Trail (i.e. a
"T" turnaround as opposed to a standard cUl-de-sac) is
subject to modification as may be requested by the City
Engineer.
4. The one-way traffic flow adjacent to parallel parking
spaces on South Marina Way is to be reversed. These
parking spaces are to be located so as not to be under
the pedestrian walkway. An adequately designed
turnaround which accommodates eastbound traffic which
is not to proceed east of Palm Trail is to be provided.
To accommodate these items redesign of this section of
South Marina Way should be considered.
5. The water system is be looped with a connection from
the main at the east end of North Marina Way to the
main in South Marina Way. This connection shall be
routed along the marina so as to accommodate fire
suppression devices.
6. Adjustments are necessary to the water features along
U.S. 1 in order to accommodate required right-of-way
dedications.
B. Additional Submission Requirements: The following items
were not addressed during review of the S.A.D. submission.
Thus, they are to be reviewed and acted upon Concurrent with
the review and action of the specific plans.
1. A specific traffic control plan for the on-site entry.
(separate exhibit)
2. Loading zone use and control program.
3.
Trash preparation and
must be reviewed and
hauler.
disposal program. This program
accepted by a commercial trash
4. Lighting details and illumination characteristics for
the wall, dock, and street lighting.
5. Lighting details and illumination characteristics for
Building *2 with attention to illumination and glare
impacts upon residences to the south.
6.
Details of the pedestrian sky bridge. This
is a required element of the project. If
provided, a new ground level pedestrian
system must be provided.
sky bridge
it is not
circulation
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C. Plat Submission Requirements: In addition to the normal
plat submission requirements, the fOllowing is required.
1. Copies of permit applications and a written status
report for each of the fOllowing:
a)
b)
cl
d)
e)
f)
g)
FDOT
SFWMD
ERM
DNR
Corps
HRS
DER
re median modifications
re drainage system
re mangrove removal/relocation
re marina
of Engineers re marina
re water and sewer
re marina
2.
Written replies or status reports from
relative to each of the following items:
a) FDOT re mitigation of traffic impacts
b) FOOT re use/elimination of its existing drainage
facilities
c) DNR re exception from D.R.I. requirements
d) TCRPC re exception from its Marina siting pOlicy
e) Chief Building Official, City of Delray Beach,
regarding the need for a variance for items within
fifteen feet (15') of the east property line.
agencies
3. A written description of the proposed method of
ownership of residential units, commercial space, and
boat slips and the treatment of common and limited
common areas. Included shall be a description of how
the various ownership interests relate to State and
local subdivision regulations.
4. Dedication of right-of-way along u.s. 1 pursuant to the
County Thoroughfare Plan (to be provided by the plat).
IV. MODIFICATION PROCEDURES: Except as otherwise provided
herein, the Marina Cay S.A.D. development plan and allowed
uses may be modified as follows:
A. Use MOdifications:
1. Changes to the description of uses contained herein,
either allowed or prohibited uses, shall be made only
through the conditional use major modification process.
2. Interpretations of allowable uses shall be accommodated
through either the conditional use minor or
non-impacting modification process. (173.850)
- 8 -
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B. Site Plan Modifications:
1. MOdifications to the certified site plan shall be made
pursuant to Part II.C.l. Upon Planning and Zoning
Board approval of a new overall site plan, it shall be
certified.
2. Subsequent to certification of an overall site plan
which is approved pursuant to Part II.C.l, additional
modifications may be made through the site and
development plan modification process (173.869).
3. Changes to the overall site plan or specific plans
(e.g. landscaping, water, sewer, paving, drainage)
which are necessitated by conflict with one another,
shall be processed, at a minimum, as a non-impacting
modification and prior to issuance of a certification
of occupancy for any portion of the development, the
Director of Planning may require an as-built overall
and/or specific plan which reflects such changes.
END OF NARRATIVE
Attachment:
Overall site plan, stamped received July 13, 1989.
REF/DJK*48/MARINA.TXT
- 9 -
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C I T Y COM MIS S ION DOC U MEN TAT ION
FROM:
TO: ROBERT A. BARCIijSKI, ACTING CITY MANAGER
-\ ';
;~ '- /( ,-'-.7',72-- -._'___
VIA: FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
~~~REC"'R
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 8, 1989
FIRST READING, MARINA CAY REZONING ORDINANCE
FROM GC, RM-lO. AND R-lA TO S.A.D.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of the rezoning ordinance for the
proposed Marina Cay development.
BACKGROUND:
The site under consideration is 11 acres. The property was
annexed in 1988 as a part of Enclave 24. A new category was
created in the Comprehensive Plan to accommodate proposed
development on this site. The designation is "Large Scale Mixed
Use". Pursuant to the Plan, the procedure for review and review
of such a development involves application of the Special
Activities Zoning District (SAD).
In summary, the proposed development includes the following uses:
* 102 mUltiple family residential units
* a 60 slip marina
* approximately 10,000 sq.ft. of restaurant
* approximately 55,500 sq.ft. of retail/office use
* private recreation facilities including a health club.
A public hearing has been held relative to the rezoning and
establishment of uses. The development proposal has been
subjected to analysis pursuant to the 17 rezoning criteria, the
10 conditional use standards, and the 10 site and development
plan standards. Following the staff review and analysis, changes
were made to the initial submission. The project is now defined
in a revised site (concept) plan identified as the July 13, 1989,
revision and the Project Narrative. The narrative not only
includes the project description - but it also sets forth
conditions of approval, processing requirements, development
sequencing requirements, and development regulations. That
narrative is to be adopted as a part of the'enacting ordinance.
FOllowing the rezoning action, a plat and revised site plans will
be processed in accordance with the narrative.
City Commission Documentation
Meeting of August 8, 1989
Marina cay Rezone to SAD
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at a public
hearing on JUly 17, 1989. At that time, it determined that the
SAD zoning was appropriate but continued consideration of the
conditional use and site plan. These latter items were acted
upon at a special meeting held August 3, 1989. As of this
writing, details of the discussion and points of conflict between
the applicant and the Board are not known. The narrative, as
recommended for adoption by the Board is attached. Points of
conflict, if any, will be highlighted in a summary paper and
distributed on Monday.
The Board's recommendation was based upon positive findings with
respect to the ten standards of Section 173.867 of the City Code
and the performance standards of Section 173.207 in addition to
the rezoning criteria of 173.888.
RECOMMENDED ACTION:
By motion, approve the Marina Cay rezoning ordinance on first
reading and set a public hearing for August 22, 1989.
Attachments:
cover sheet, JUly 17, 1989, P&Z Staff Report
Ordinance (by others) & Project Narrative
the full P&Z staff report is available for review in
the City Manager's Office
~LHNNING 8 ZONING
CITY OF (ELRAY
BOARD
BEACH
---
STAFF REPORT
H:ETING D=t.I:: JULY 17. 1989
AGeo:I IT9I:
III. C
CONSIDERATION OF REZONING FROM GC, RM-10 AND R-1A TO SAD FOR SEACREST COMMERCIAL
ITEM: PROPERTIES, LTD. (MARINA CAY) LOCATED SOUTH OF THE DELRAY DRIVE-IN THEATRE,
BETWEEN U.S. HIGHWAY NO.1 AND TH~ l~lKA~UA~lAL WA1~Awal.
Ie'. ."'..,.. ..,
'"'a"d
,-- ----
N."'90l'0ft
'USA 640
~.. ..... "...,.
Oi~"ic'
GENERAL DATA:
OWaer...........................Lo1. Kelly and J.... v. Nowlin,
~<.
Seacr..t eo..erclal -----rtl..
Ltd. .........
~t...........................Lol. Kelly
Loe.tlon........................SOUth ot tbe Delr~ ~l"-IQ
'l'butre. ~ u..s. ll19bway
110.1 &nd the IDU.-coaaul
"-hNay.
PrQpertr $1.....................11.11 Ac~ (4'3.'51.' ".ft.)
&Uet..l.nv Laad u.. Plaa..........C (ec-.rc1al). "'-10 ......tUpl.
r_ly - 10 ua1U/..,nl _ sr
1S1l19a rully, vlt1a tM
owrlaylD9 t.arve Seal. IU.Md u..
~.... u.. .laa...........Luge ScalelU.Jr.ed v..
I .. Plu'
--Uao Cley Zcn1119............GC (_<01 ~1.1'. III-la
ll.aUra-rully Dvell1Dg
D1.~lc.' _ 0-1" (S1ngl.-rully
Dvell1ng Dl.~lctl.
PI: . .N CltJ' ZoniD9......u.....SAD (Spec!.l Act:l.1t1_ Di.tl:1ftJ
lldJ-... Zcn1Dg................._ of tM _'act _rty 1.
' &oDed County c:a (Geael:al
_<CUll _ tM _ of
Gulf.U.... South 1. &OGlId GC.
......10 and a..u. ZUt i. the
IaUac:oa.tal _t.eway aDd. Town. of
Gulf.tl:.... _at 1. aoa.d sc
(Specl<<li&ed eo...relalJ.
Ex1.t189 L&ad u.................s1nvl. f~ly ~ Oft the
ID.trac:oa.Ul Wat.EVa)" aDd Yac:anc
1_.
PI' J 11111 t.ancI U.................r..r.. .e<<l. a1aed UN ~"l.l
and r.aldent1<<l de..l~t
OOftel.tlng of ".Uvaeta.
offiee.. -peat<<lCy .hope. 102 -
~~ . Inlu. UD.1t. and << 60 .lip
..r1na.
ITEM: p.~
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(!~fr~
[ITY DF DELAAY BEA[N
CITY ATTORNEY'S OFFICE
310 S,E, 1st STREET. SUITE 4 DELRAY BEACH. FLORIDA 3348J
407/243-7090 TELECOPIER 407/2784755
MEMORANDUM
Date: July n, 1989
To: Cit;' c;()~mi8si('\n
From: !-,prhert ;\'. A. Tl:jelp, Citv Attorney
Subjpct: Transmittn) rf Ppviserl Rules of Procedure for !)elray Beach Cit"
r ..
.....omm!B~l()r.
Attached herf't0 for your revi"w and potential adoption, please find a copv 0f
the revised ~uJe~ "f P"''''r>pnur" for the n"lr~" BeAC'!h City Commissio!' rlatec'
Aug-ust 8, 1~89.
The content of these Rules is in accordance with discussion at your City
Commission workshop meeting of July 18, 1989 which revised the Rules the!'
in existence anc which incorporated the Rules concerning appointments of
City board."eommittee, ano commission members.
By copy of this memorandum to the City Administration, we are reqllPsting
that thiR matter be scheduled for your consideration and adoption at your
regular City Commission meeting of August 8, 1989.
In the interim if you have any questions or would like to discuss thesE'
matters further, please contact the City Attorney's Office.
~:jW
Attachment
cc: Robert A. Barcinski. Interim City Manager
Elizabeth Arnau. City Clerk
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RULES OF PROCEDURE - DELRAY BEACf-J CITY COMlV'ISSION
Pevised 7/25/Sg
1. GENERAL PARLIM.mNTAPY RULES.
The general parli2mentnrc' !,rocedure to be followed by the City Commis-
siol'! of the City of De!ray Reach, Florida, except as otherwise modified
by the Cit~7 CommisRion or as modified or amended herein, shall be in
accordance with the rules of parliamentary procedures entitled "Roberts
Rules of Order". beinl'," the re!,rint of the 1907 edition.
II. !JOCAL PInES.
A. The follC'winv. Local Rules of Procedure shall be applicable to the
org-anizaticn and conduct of business, as well as preparation and
publication 0f ap"pndas, of the City Commission of the City of Delray
Beach, Floriea. ':'0 the extent these Local Rules shall mOdiD' or
conflict with the standar0. "Robprts Rules of Order" as adopted
above, these Local Rules shall prevail to the extent of their conflict
or inconsistency with "Roberts Rules of Order".
1.
Regular meetinvs of the City Commission shall be held on the
second and fourth Tuesdays of each month, except the month
of December, at 7: 00 p. m. in City Hall. During the month of
December only, the regular City Commission meetings shall
occur on the first and second Tuesdays at 7: 00 p. m. at City
Hllll.
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2.
Workshop meetings of City Commission shall be held on the
first Tuesday of each month, except that there shall be no
workshops in the month of December, at 7:00 p.m. in City
Hall. Workshop meetings on the third Tuesday of the month
shall be, at the option of the City Commission. All agendas for
workshop meetings shall be approved in advance by a majority
consensus of the City Commission.
3.
All regular and workshop City Commission meetings shall be
held in the City Commission Chambers at City f-Jall, unless
otherwise designated by the City Commission.
4.
There shall also be special workshop meetings to be held in
the months of May, June or July as so designated in advance
by the City Commission for the purposes of holding joint
meetings with City boards, etc. to include receiving annual
reports and presentations from these City's boards, commit-
tees, agencies, and authorities.
1
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5.
Special meeting-s shall be called at th", request of the Mayor in
accordance with the provisions of the City Charter and th",
Coce of ()rdin~]'ces.
6.
To the ",xtent compatible with the conduct of business, all
workshop meetinFS ph8I1 he held on an in forma] basis. Th",
applicahilit,' of the Citv's g-enera] rules shall not be strictly
appliee.
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A]thoug-h apprcpriate members of the City Attorney's Office
and Citv Po c'T'1i>1istrl'tion ma',' place items on eith",r the
W01"kshop 01" ~h" re("u]pr ag-endas, all rel\'\11ar a~end8S shall be
subject to !~e"if'w. ~n "c!vaD,~~~l?~,_,th.~__~a~:()~ prior to their
publication, e:rcf',.,tin", thllt a majoritv of the members of the
City rommission "'11,' request that the City Manag-er's Office
place or remm'" "n item on such regular agendas, and that all
such rep'ular IIp-endas shall Of' further subject to the approval
of the Cit'- C'ammission preceding the conduct of business at
each Rucl~ r.!eetj~ IT .
8. With rep,-ard to the flg-enda for regular City Commission
meetings, the foUowinl' shall apply:
"~
To the extent possible, the City Administration shall
group all matters by subject area, and shall place ~
!!2l'\!1X...I!-.~..P5>'!!,i>Jl>J~Qn._the c(l!l~ent portion of the agenda.
b. The agenda format shall be generally as follows: A call
to ord"r, pled~e of allegiance, and invocation,
proclamations, formal approval of the agenda, public
hearing, public requests from the floor concerning items
not on the approved ap,-enda, thE' regular agenda, the
consent agenda, then items not specifically on the
published agenda from members of the City Commission,
City Attorney, and City Manager.
a.
c. Any items received during the non-agendaed items sE'ction
of the regular agenda shall not be discussed by the City
Commission I't the time of such presentation, but may be
added to a subsequent workshop agenda if a meMber of
the City Commission so specifically requests.
d. .:rher" "hill! ,,be, no ;v~ tIi'''''Tl, on an~' nOO.::-JlnhH..h"d/
~!:!;.!l€:~np,aed...,j,t~m.a. except upon the dE'daration of an
emerg-encv. The diolslaration Q,L~rg~ ..heIl__~,.!>e
determined UIlOn, 11 nnAn;l'C!lua,v.ote,of_"those_.cit~. Comro.is-
iiiol1 meMbE'r!!-,..p.!:!l.~pt andx.ating..onsuch motion. These
"riIles are not intended to and shall not supercede the
procedures and requirements of the City Charter, Code of
2
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Ordinancp-s. or State Statute with rP-jlard to emerp-p-nc"
rlatters for consideration by the City Commission.
p. All public input on agendaed or non-Hp:endap-d items she.!]
bp- strictlv limited to nor more then five minutes reI'
pprson. subject to an extension of such time upon thp-
formal approval by a majority vote of the City Commission
members present and voting on such request for exten-
sion of time.
f. Thp- MI"'or shall have the authority to limit immaterial.
unnecessary. or redundant presentations or requests.
IT. Public input on agendaed items, other than those that p-rp
specifically set for a formnl public hearing, shnll be at
the specific request of individual City Commission
members.
1II. CITY BOARD, COMMITTEE, COMMISSION, AND AGENDA APPOINTMENTS
A. All appointments to city boards, commissions, and committees whose
members are not subject to appointment by other entities, and in
accordance with any applicable restrictions by State Statute. shall
be made in nccordance with the following procedures:
-',
1. All vacancies subject to appointment to such city boards.
commissions, and committees shall be made on a nomination
basis by each of the members of the City Commission. This
nomination shall be construed to be a Motion to Appoint. which
must be seconded by another member of the City Commission
then present and voting, and then adopted by an affirmative
vote of no less than three votes. If a Commissioner makes a
nomination/motion and this motion either fails for lack of a
second or does not receive a sufficient number of affirmative
votes, then that Commissioner shall have one additional
opportunity to make a secondary nomination for this vacancy at
this same meeting or the next successive rp-gular meeting. If
that appointment should also fail for lack of a second to the
nomination or by not receiving sufficient affirmative votes.
then the nomination shall rotate to the next appropriate
Commissioner.
2. The rotation system shall utilize an order of seniority as of the
date of the adoption of these rules. Seniority for this process
shall be based upon the lenlrth of continuous service on the
City Commission.
3.
A separate rotation list
Clerk's Office for each
shall be established by the City
such City board, commission, or
3
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committee, Rnd the City Clerk's Ofncp shall maintain records of
the rotation list, thp ~tRtus of same, and the nominations made
by each Commissioner. In the insto,nce where R vacancy is
available at a City Commission meeting where the Commissioner
who is next on the rotation i1; absent, then the City Commis-
sion shall postpone to the np:u:t rpgular mepting this
appointment. Should this Commissioner not be present at this
subspquent meeting, then the nomination ability shall pass to
the r.ext Commissiol1Pr on thp rotation system present at that
meeting.
4. If a vacapc,' on R ,)Articular board, commission or committee
may be filled bv t!w I'enppointmf'r.t of an eligible current
member or alterr.ativp membpr on that board, then such
reappointmpl't of this bnprd. cOf'1mission or committee member
may be made by Rn:: ,,"pmber of the City Commission without
_-;:::the mak~ of that !"lnti"" 1nsirw his/hpr turn in the rotation
procedure.
5. Appointments for vacancips occurring- on Ii board wherein the
particular membpr has, for whatever reason, not fulfilled their
entire term of membership on thlit f'articular board, commission
or committee shell bp for e full term. Thus, such l',n appoint-
ment shall follow the usual rotation system established for that
~". board, commission, or committep.
6. The City Commission r"tains the rip,'ht to \'Iaiv" these require-
ments by the affirmative vote of no less than four member of
the City Commission under circumstances that would be in the
best interest of the City.
,
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7.
These rules, when adopted, shall supercede any other general
rules or local rules which are inconsistent herewith, to the
extent of such inconsistency.
"'-y\\,!:;
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," . 't,#:
~ft'X I
~ .. .)).-", .
~..~ ,,-
\.,.:)\
0.'
4,.
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4
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August 2, 1989
MEMORANDUM
TO: ROBERT BARCINSKI, ACTING CITY MANAGER
C
THRU: FRANK SPENCE, DIRECTOR, DEVELOPMENT SERVICES'~",7
FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: RECOMMENDATIONS PERTAINING TO THE ESTABLISHMENT OF A
SPECIAL TASK TEAM, PER THE 7/31/89 MEETING
At the meeting of the City Commission and Palm Beach County
School Board on July 31, 1989, a consensus direction was given to
establish a nine (9) member Task Force to evaluate the
recommendations as set forth in the .Sharing for Excellence, 1990
School Plan." The task force is expected to provide its formal
recommendation to the School Board for their consideration by the
end of September, 1989. The nine member task force is to be made
up of the following participants:
:~6)members of the City's Education Board
~'Ci ty Staff members
Two members of the Superintendent's Advisory Committee
Two members of the School Board's Staff
~one mutual person appointed by the Mayor & School Board
Chairman, Dr. Anderson
The City's Education Board will be discussing this matter at it's
regular scheduled meeting on Monday, August 7, 1989, 5:30 PM,
and will be making a fo~mal recommendation to the City Commission
regarding this Task Force including nominees for representatives
from the Education Board for consideration at the August 8th.
regular commission meeting.
A copy of the Board's agenda for Monday's meeting and minutes of
the organizational meeting of July 24th are attached for your
reference.
B:EDBD2.RAB/LDR1
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MEETING
NOTICE
MEETING DATE:
LOCATION:
AUGUST 7, 1989
Delray Beach Board of Realtors
47 S.E. 5th Avenue
5:30 p.m.
TIME:
If a person decides to appeal any decision made with respect to
any matter considered at this meeting or hearing, such persons
will need a record of the proceedings, and for this purpose such
persons may need to ensure that a verbatim record of the
proceedings is made. Such record includes the testimony and
evidence upon which the appeal is to be based. The City does not
provide or prepare such record.
AGE N D A
I. CALL TO ORDER
II. CONSIDERATION OF MINUTES
A. Meeting of July 24, 1989
III. BUSINESS ITEMS
A. Discussion and Possible Recommendation Regarding the
Delray Beach Advisory Committee.
B. Discussion and Possible Recommendation Regarding a City
Response to "City Commitments" as Set Forth at the
July 31st School District and City Commission Meeting.
C. Discussion and Recommendations Pertaining to the
Establishment of a Special Task Team to Follow-up on
Direction from the July 31st meeting, Including
Nominees for Representatives from the Education Board.
D. Ratification of functions of the Board.
IV. DISCUSSION ITEMS
A.
School Board Member
Regarding Chamber of
Activities.
Graham's
Commerce
Comments and Charge
and Board of Realtor
B. Position Statement Regarding "Growth Management" and
"Redevelopment" Conflicts.
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Education Board Meeting - Agenda
August 7, 1989
Page 2
C. Other Items from the July 31st Meeting.
D. Next Meeting Date and Items to be Addressed.
V. ADJOURN
'genda prepared by,G~<j~~,t~ ~ p~_~
Designated staff suppo personnel
Posted:
August 2, 1989
l
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Minutes of The Education Board
MINUTES OF THE EDUCATION BOARD
CITY OF DELRAY BEACH
MEETING DATE: JULY 24, 1989
LOCATION: PLUM REALTY
Members Present: Absent:
Beth Mullohand
Lillie Parker
Tom Fleming
Mike Plum
Elder Hayes
Bill Wallace
Trish Brainerd
Staff Present:
Others:
Lula Butler
David Kovacs
Ken Ellingsworth, Chamber
Reporter
I. ORGANIZATIONAL ITEMS
The meeting was convenience by Lula Butler at 5:40 p.m. Ms.
Butler noted that a quorum was present at this
organizational meeting of the Board.
A. Election of Officers: Ms. Butler called for
nominations for Chairperson. Lillie Parker placed the
name of Bill Wallace in nomination with a second from
Tom Fleming. There being no further nominations, Ms.
Butler declared a unanimous ballot for Mr. Wallace as
Chairperson.
Ms. Butler then called for nominations for
Vice-Chairperson. Beth Mullohand placed the name of
Tom Fleming in nomination with a second from Mike Plum.
There being no further nominations, Ms. Butler declared
a unanimous ballot for Mr. Fleming as Vice-Chairperson.
Ms. Butler then turned the gavel to Mr. Fleming for the
conduction of business.
(
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Minutes
Meeting
Page 2
of The Education Board
of July 24, 1989
B.
Discussion of Responsibilities: The Board directed its
attention to a memorandum of July 18, 1989, which
outlined functions proposed for the Education Board.
The following items, interpretations, and changes were
addressed:
Item A: Monitoring would include preview of School
Board agenda and rotating attendance at Board meetings.
Item B: Liaison would be through the Board Chairperson
(Wallace) and the principal staff person (Butler).
Item C: "Liaison" was changed to "information exchange"
l,rl
Item D: The annual report should be presented to the --(b~' ~/
City Commission in May at a worksession. This would
afford time to influence the next FY budget and
work program of the District.
Item E: Item "G" was dropped as a separate item and
incorporated as a topic within this item.
Items F and H had technical adjustments.
New item: To comment to the City Commission regarding
the impact upon proposed development upon racial
balance in Delray Beach schools.
The Vice-Chairman directed staff to revise the list of
functions and to place it on the Board's next agenda
for ratification.
C. Establishment of regular meeting date and location: It
was a consensus of the Board that the regular meeting
date should be the first Monday of each month with the
meeting beginning at 5: 30 p.m. The regular meeting
will be held at Plum Realty unless conditions warrant
otherwise. There was a general feeling that the
meetings should not extend beyond 7:00 p.m.
D. Other Organizational Matters: Ms. Butler and Mr.
Kovacs explained that the above items and other
organizational matters will be covered in a formal
resolution (enacted by the City Commission) which will
'formally establish the Board. At present, the Board is
functioning in an Ad-hoc capacity.
l
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Minutes of The Education Board
Meeting of July 24, 1989
Page 3
II. PREPARATION FOR SPECIAL MEETING OF JULY 31, 1989
A. Review of draft letter from the Board: Mr. Kovacs and
Mr. Fleming both indicated that they were not able to
prepare a draft for this meeting. There was consensus
that the Vice-Chairman pen a letter which provides an
introduction of the group and its most immediate
concerns. The letter is to be presented to the School
Board prior to the JUly 31st meeting.
B. Presentation and Critique of the "Sharing for
Excellence" Plan: In the absence of Mr. Barry as City
Manager, the Board felt it was most appropriate that
someone very familiar with the Plan present it at the
July 31st meeting. There was consensus that Mr.
Fleming, a co-author, was the most appropriate person
to make the presentation especially since he is an
officer of this Board. Ms. Butler and Mr. Kovacs were
to fOllowthrough on this matter with the Mayor and
School Board.
C. Identification of significant issue to be addressed:
The felt it to be very important that all parties
understood that redistricting decisions would not be
faced (other than a commitment to face them) until
preparations are made for the 91-92 school year. Also,
there needs to be a clear understanding that decisions
must be now, with regard to new construction, so that
prerequisite actions are initiated in order to have
construction completed by school openings in August of
1991. Mr. Fleming, with the assistance of Mr. Mayer,
are to personally contact each City Commission members
for a briefing on key elements of the Plan prior to
July 31st meeting.
D. Other items pertaining to the Special Meeting: Reports
were given relative to flyers, publicity, and speakers
for the July 31st meeting. The Board felt that no
further action by them as a formal body was necessary.
II I. ADJOURN
There being no further business before the Board, the
meeting was adjourned at 7:25 p.m.
These meetings were reviewed and approved by the Education Board
at its meeting of August 7, 1989.
Lula Butler, Staff
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Board 0 f Trus tees
CITY OF DELRA Y BEACH
POLICE AND FIREFIGHTERS RETIREMENT SYSTEM
100 N. W. 1st Avenue
De/ray Beach, F/orida 33444
July 26, 1989
Interim City Manager
THE CITY OF DELRAY BEACH
Delray Beach City Hall
100 N.W. 1st Avenue
De1ray Beach, Florida 33444
To Whom It May Concern:
Please be advised that the term of Charles Hill, City
Commissioner, appointed public member of the Police and Fire
Pension Board expired June 30th, 1989.
Mr. Hill has moved out of State and has indicated to me that
he is unable to continue to serve on the Pension Board.
Thank you in advance for your assistance in replacing Mr.
Hill on the Board.
Sincerely,
GP:vls
CC: Mr. Herb Thiele
Mr. Dave Huddleston
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO: ROBERT A. BARCINSKI, ACTING CITY MANAGER
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VIA: FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
FROM:
(jg;JJ~U4O}
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 8, 1989
INITIATION OF ANNEXATION AND ZONING ACTION FOR THE
WEST ATLANTIC ANNEXATION #1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiatinq annexation and rezoning actions for property
located along West Atlantic Avenue.
Formal initiation of this action is required pursuant to
173.885. The City Commission is the acting bOdy since
proceeding at this time is a pOlicy determination.
BACKGROUND:
The property under consideration includes:
* Barnett Bank
* adjacent 10 acres, undeveloped
* Medical/Office complex north of Barnett
* Goodyear tire and auto service plaza
* Shopping Center in the northeast corner of Atlantic and
Military [Publix, Zayres, Pharmore (under construction)
and others].
The area is approximately 55 acres. Each of the properties have
previouSly agreed to annexation through provisions of water
service agreements.
The appropriate zoning pursuant to the Future Land Use Map is
generally General Commercial (GC) except for Barnett Bank, the
office qomplex across Atlantic, and the vacant 10 acres which
should be zoned to POC or another appropriate designation
consistent with the "Transitional" land use designation.
Proceeding with annexation at this time is consistent with Policy
B-3.4 of the Land Use Element. Also, it will be completed in
time for inclusion of property tax revenues for FY 90/91.
PLANNING AND ZONING BOARD CONSIDERATION:
This specific item has not been before the Planning and Zoning
Board other than as an action program in the Land Use Element.
Prior to annexation, the Board will hold a public hearing in
September. A public hearing will be held before the City
Commission (tentatively) on October 24th which will be the
effective date of the annexation. Subsequent to this annexation,
additional annexations will be initiated in this vicinity on the
east side of Military Trail.
RECOMMENDED ACTION:
By motion, initiate West Atlantic Annexation #1, with initial
zoning of GC and POC, or other appropriate zoning consistent with
the Future Land Use Map.
Attachment: - parcel location map and tentative zoning
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MEMORANDUM
TO:
Robert A. Barcinski
Acting City Manager
FROM:
,1
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William H. Greenwood ~/t ".(1-./ .
Director of Public Utilities
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING - AUGUST
8, 1989 - PROPOSED AGREEMENT BETWEEN CITY AND
MANUEL S. ANDRADE - DUNKIN DONUTS
DATE:
August 2, 1989
ITEM BEFORE CITY COMMISSION:
Request City Commission to approve an Agreement between City and
Manuel S. Andrade - Dunkin Donuts. Agreement will release monies
paid by Sherwood Forest to Mr. Andrade of Dunkin Donuts. No City
funds are involved.
BACKGROUND:
Mr. Manuel S. Andrade, Owner and Developer of Dunkin Donuts,
installed and paid for a sanitary sewer benefitting three major
properties in accordance with verbal and written commitments by
the Public Utilities Department.
Mr. Andrade paid $40,000 to construct a sanitary sewer
serves his property, Dunkin Donuts plus three (3) other
properties as follows:
which
major
1. Dunkin Donuts - Mr. Andrade, owner and developer, paid
$40,000 to construct the entire sanitary sewer.
2. Barnett Bank - Paid $10,000 to City and City disbursed
funds to Mr. Andrade for reimbursement of costs.
3. Sherwood Forest - Paid $10,000 to City. City deposited
funds, but will not reimburse Mr. Andrade without this
agreement.
4. "Forum Property" - Still vacant and no monies have been
collected but will be charged $10,000 as a benefitted
user.
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The "Tree Nursery" is a very small parcel with no facilities;
either water or sewer and was not included as a benefitted user.
It does not appear that a structure can be built on this small
parcel of property.
None of the benefitted users have objected to this methodology.
This situation is very embarrassing because it appears to Mr.
Andrade that the City is not abiding by the verbal and written
commitments. Mr. Andrade has been constantly requesting the City
to release the $10,000 collected and deposited from Sherwood
Forest and cannot understand why the City will not release the
$10,000 already collected.
RECOMMENDATION:
Staff recommends City Commission approve the proposed Agreement
and release the monies paid by Sherwood Forest as a benefitted
user. It is not the intent of the Public Utilities Department to
implement a new policy or to set precedence. It is our intent to
rectify an old situation and to release $10,000 due Mr. Andrade
who has performed all requirements of verbal and written agree-
ments.
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[ITY DF DELAAY BEA[N
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CITY ATTORNEY'S OFFICE
310 S,E, I" STREET. St'ITE 4. DURAY BEACH. FLORIDA 33483
4071243-7090. TELECOPIER 40712784755
MEMORANDUM
Date: July 31, 1989
To: William Greenwood, Director of Public Utilities
From: Susan A. Ruby, Assistant City Attorney
Subject: Proposed Agreement Between City and Manuel S. Andrade
- Dunkin Donuts
I have reviewed the proposed agreement between the City and
Manuel S. Andrade concerning reimbursement for the construction
of a sanitary sewer which serves Dunkin Donuts plus three other
properties.
I understand that the tree nursery has no facilities at this
time and does not require water or sewer facilities and, thus,
your department did not include them in the payment schedule as
proposed in the agreement. My concern is that the tree nursery
at a later time may require such services, and there is no
provision to include them in the pro rata Sharing of the costs,
or to provide that the individual participants may seek a pro
rata reimbursement for the tree ~ursery.
It is n~ understanding that the City's previous policy was not
to participate by agreement in the reimbursement of such costs,
but that it was up to individual developers to collect pro rat~1
shares of such water and/or sewer costs. Therefore, I would I
recommend that you place this agreement on an upcoming City :
Commission agenda for City Commission action and for a i
clarification of the City's policies as cOllecting agents for
reimbursements in the future. "___~,_,,,_
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Please do not hesitate to contact me should you desire to
~scuss this matter.
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cc Robert A. Barclnskl. Interim City Manager
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MEMORANDUM
TO:
Susan Ruby
Asst. City Attorney
Herb Thiele
City Attorney ~O
William H. Greenwood ~~
Director of Public Utilities
THRU:
FROM:
SUBJECT:
PROPOSED AGREEMENT BETWEEN CITY AND
MANuEL S. ANDRADE - DUNKIN DONUTS
DATE:
July 26, 1989
Attached is a proposed AGREEMENT being- required by Mr. David
Huddleston, Finance Director, to release $10,000 to Mr. Manuel S.
Andrade, owner and developer of Dunkin Donuts in accordance with
verbal and written commitments by the Public Utilities Depart-
ment.
Mr. Andrade paid $40,000 to construct a sanitary sewer which
serves his property, Dunkin Donuts plus three other properties.
1. Dunkin Donuts - Developer - pd. $40,000
2. Barnett Bank - Paid $10,000 to City and City disbursed
funds to Mr. Andrade as reimbursement of costs.
3. Sherwood Forest - Paid $10,000 to City. City deposited
funds but will not reimburse Mr. Andrade without this
agreement.
4. "Forum Property" - Still vacant and monies not collected
but will be charg-ed $10,000 as a benefitted user.
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This situation is very embarassing because it appears to Mr.
Andrade that the City is not abiding by the verbal and written
commitments. He has been constantly requesting the City pay him
for the $10,000 already collected and deposited by the City, and
can not understand why the City will not issue him the $10,000
already collected?
Attached are other memos pertaining to this topic for your review
and information.
1. Developer agreement document
2. Letter dated May 27, 1987 from Mr. Robert S. Pontek to
Mr. Manuel S. Andrade - "ATTACHMENT A"
3. Letter dated March 31, 1989 from Mr. Larry Martin to Mr.
Joseph Pack, Attorney for Mr. Andrade. - "ATTACHMENT B"
We would appreciate anything you can do to assist Mr. Andrade
with this problem.
M/k"':,, tf.~;'''''''e
William H. reenwood
WHG:smw
ATTS:
cc: Robert A. Barcinski, Acting City Manager
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CITY OF DELRAY BEACH, FLORIDA
AGREEMENT
BETWEEN CITY AND MANUEL S. ANDRADE
THIS AGREEMENT made and entered into this
1989 by and between the City of Delray Beach,
referred to as the CITY and Manuel S. Andrade,
to as DEVELOPER.
day of ,
Florida hereafter
hereafter referred
WITNESSETH:
WHEREAS,
known as
and
CITY is the owner and operator of wastewater
the City of Delray Beach Public Utilities
facilities
Department;
WHEREAS, DEVELOPER owns
Beach County known as
Florida 33446; and
or controls certain real property in Palm
4800 W. Atlantic Avenue, Delray Beach,
WHEREAS DEVELOPER desires to procure sanitary sewer service from
the CITY for the property; and
WHEREAS the parties desird to enter in an agreement setting forth
the mutual understandings and undertakings regarding furnishing
of said sanitary sewer service for the property; and
-"
WHEREAS the DEVELOPER has installed a $40,000 sanitary sewer line
extension servicing four properties known as:
1. Dunkin Donut - DEVELOPER'S Property
2. Barnett Bank
3. Sherwood Forest
4. "Forum" Property
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WHEREAS, Sherwood Forest has paid to the CITY $10,000 as a bene-
fitted user.
Now THEREFORE, in
undertakings of the
able considerations
follows:
consideration of the mutual covenant and
CITY and DEVELOPER and other good and valu-
these parties agree with each other as
PART I - DEVELOPER'S OBLIGATIONS
A. Installation and compliance with specifications.
DEVELOPER at his expense and at no expense to the CITY shall
design, construct and install all necessary sanitary sewer lines
over, thru, under, across and past the property in accordance
with plans, specifications and en~ineering data as submitted by a
Florida registered engineer to be approved by the appropriate
governmental regulatory agencies and the CITY; and said sanitary
sewer line shall be installed and connected to CITY'S existing
sewer line system all of which work shall be paid for by the
DEVELOPER.
Part II - CITY'S OBLIGATIONS
A. CITY has collected $10,000 from
ted user of' the DEVELOPER'S sanitary
veyed to the CITY.
Sherwood Forest a benefit-
sewer line extension con-
B. CITY shall
Sherwood Forest to
by City Commission
release said $10,000 payment received from
the DEVELOPER once this AGREEMENT is approved
and executed by authorized CITY officials.
C. CITY acknowledges paxment was received from Barnett Bank in
the amount of $10,000 and aisbursed to DEVELOPER.
'"
D. CITY will require
pay the CITY $10,000 as
connection to the CITY'S
DEVELOPER at his cost.
once received.
the property known as "Forum Property" to
a benefitted used prior to authorizing
sanitary sewer system installed by the
CITY will disburse funds to DEVELOPER
E. Letter dated May 27, 1987 (Attachment "A") and letter""'tiat~d
March 31, 1988 (Attachment "B") both from the City of Delray
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Beach are hereby incorporated as part of this AGREEMENT to
indicate original intent of verbal agreements.
IN WITNESS WHEREOF, the parties hereto have accepted, made and
executed this agreement upon the terms and conditions above
stated on the day and year first above written.
For the DEVELOPER:
MANUEL S. ANDRADE
For the CITY:
CITY OF DELRAY BEACH
By:
Manuel S. Andrade
By:
Doak S. Campbell, III
Mayor
Attest:
Elizabeth Arnau
City Clerk
Attest:
Approved as to Form:
City Attorney
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March 31, 1989
Mr. Joseph Pack, Attorney at Law
14724 Hideaway Lake Lane
Delray Beach, FL 33484
Dear Sir,
I have spoken with Mr. Manuel Andrade concerning reimbursement
for the collector sewer which he had installed near his Atlantic
Avenue site. Mr. Andrade apparently requires this information to
be in written form.
It is my understanding that Mr. Andrade paid $40,000 to have this
work comp~ted. The benefitted users would appear to be:
Barnett Bank
Sherwood Forest
Tree Nursery
"Forum" Property
Dunkin Donuts
The tree nursery is a very small parcel with no facilities
requiring either water or sewer, therefore I did not include them
in the repayment schedule. The major businesses, including
Dunkin Donuts would be required to share equally in the cost of
the project. Using this rationale, each benefitted user would be
required to contribute $10,000. I have been in contact with the
developers of Sherwood Park and they are aware of this require-
ment. The "Forum" property is being purchased by some developer
at the present time and the purchasers will be made aware that
the sewer is not available without satisfying the developers
agreement.
This project is fl~gged at our Planning & Zoning office in City
"Hall and when a request for a development to utilize this sewer
is received, we will be notified. This precludes any developer
connecting to the sewer without our knowledge. If this needs any
further clarification, please contact me at 243-7300.
Cordially,
,-
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of Public Utilities
LM:jo
THE E~r.()RT AlWAY~; MATHR5
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100 NeW. 1" AVENUE . DELRAY BEACH. FLORIDA 3~44 . 3051218.28-11
May 27, 1987
Mr. Manuel S. Andrade
13313 Via Vesta
Delray Beach, FL 33444
SUBJECT:
Dear Mr. Andrade:
SEWER FACILITIES - DUNKIN DONUTS _
WEST ATLANTIC
As we have discussed previously, th,re is no existing gravity
sewer to service not only your new facilities but also the
beauty shop and the Barnett Banlt located to the east of your
new building. The original plan was to have the now defunct
Delray Forum Office building provide the bore and jaclting
under Atlantic Avenue to .offer gravity sewer to the southside
of Atlantic Avenue. Unfortunately, the Forum is no longer a
,viable builder and the sewer was not installed.
The plans we have discussed include your firm providing the
bore and jaclting under Atlantic Avenue using plans approved
by this department with DOT permits as issued, along with the
County Health Department permits. There will be several ben-
efitted users for this new gravity sewer. This department
will calculate the appropriate pro-rata share for each of the
existing users and malte an allowance for the land area at the
former Forum office to assure correct reimbursement for your
firm. We have spolten to Barnett Bank and they concur with
our approach to the pro-rata share distribution of the costs
for the gravity sewer to include the bore and jacking costs.
It is our plan to assemble the pro-rata costs for the portions
of the gravity sewer project for the various users to include
? the portion for the previous co_ercial land (Forum) and pre-
sent these costs before the City COIIIIIIission. It is our in-
tent to gain support from the City Commission to participate
in the costs for the gravity sewer which benefits the City of
Delray Beach. Furthermore, the City will be able to recover
the sewer fees we assume at such time as the. vacant co.aercial
land is developed. This plan will eliminate another lift
station requirement and is in the best interests of the over-
all development plan for utilities.
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ATTORNEY AT LAw
14724 HIDEAWAY LAKE LANE
DELRAY BEACH, FL 33484
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(407) 495,2252
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DElRAY!~CH,.:L 33484 .\
(407) 495-2252
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March 3, 1989
Mr. Manuel Andrade
7622 Glendevon Lane
Oelray Beach, Florida 33446
Re: Reimbursement for cost of Utility Installation
Dear Mr. Andrade:
Thank for your telephone call of March 3, 1989, regarding the
Obligation of Barnett Bank to reimburse you for the expense you
incurred in installing water lines under West Atlantic Avenue in
the City of Delray Beach.
Barnett Bank acknowledges that it is Obliged to reimburse the
City of Delray Beach for the cost which other property owners
incurred in installing the water lines which serves: its banking
facili ty. Barnett's utility contract, however provides that it
will pay these funds to the City of Oelray Beach. It is the
responsibility of the City of Oelray Beach to pay third parties
having a claim to reimbursement.
- Barnett Bank has requested that the City Utility Department
present it with a proper bill itemizinq the elements of the total
amount owed, includinq reimbursement. To date, the City has
- merely provided a preliminary estimate of costs. It is expected
that the City will submit a proper bill in the next week.
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Mr. Manuel Andrade
March 3, 1989
paqe 2
I have confirmed these facts in conversations with both
Barnett Bank and the City Utilities Director, Larry Martin.
Bar~ett will pay its obliqations to the City as Soon as it
receives the itemized bill. Please feel free to contact Larry
Martin at City of Delray Beach to establish the procedures and
timetable the City expects to follow.
We reqret that you are experiencinq inconveniences in
obtaininq your reimbursement. However, like you, Barnett Bank
also has a contractural aqreement with the City of Delray Beach
which we are followinq to the best of our ability.
Sincerely yours,
71~
Frank S. Palen
FSP:bd
0148U
ec: Larry Martin, Delray Beach Utilities
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March 22, 1988
"
Mr. Robert J. Pontek
Director of Public Utilities
City of Delray Beach
100 NW Pirst Avenue
Delray Beach, Plorida 33444
Re: Waster and Sewer Extension
Barnett Bank Branch/West Atlantic Avenue
Dear Mr. Pontek:
It was a pleasure meeting with you Monday afternoon about this
project. I would like to take this opportunity to summarize the
results of our meeting and to insure that we have a common
understanding .
1. Barnett will obtain a Grant of Easement from the property
owner to the City for a sanitary sewer main across the
North 19.0 feet of the Bank property. 'l'he City will be
responsible for:obtaining the remaining easements.
2. Barnett Bank will also obtain a 30 foot temporary
construction easement.
3.
'l'he water and Sewer service laterals will be owned and
maintained by Barnett Bank and therefore the City will
not require easements for them.
, -
I . .
'l'he City will let the construction contracts at its own
expense, SUbject to partial ret.bursement as described
below. 'l'he exception is the service lateral., which will
be an add-on to the City's contract.. and paid for by
Barnett Bank at the contracted unit price. -:--..
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Mr. Robert J. Pontek
March 22, 1988
paqe 2
s. No utility service aqreement or developer 's aqreement is
required for connection to the sewer service.
6. The one-tim, connection fee for both water and sewer
service will be $8,781.00.
7.
Barnett Bank will reimburse the City
portion (based on ERC's) of the cost of:
for
a prorated
"
a. the water and sewer main extensions.
b. the bore and jack under West Atlantic Avenue
c. the existinq water and sewer improvements installed by
Dunkin Donuts
Payment will be due upon completion
City will advise Barnett Bank of the
shares prior to awardinq the contracts.
If any of the foreqoinq is inaccurate or if I have omitted
anythinq, please do not hesitate to brinq this to my attention.
of the improvements, The
total costs and pro-rata
Thank you for your splendid cooperation to date. I look
forward to working with you to bring this project to completion.
Very truly yours,
k~,~;)
PLB:bd
1761B
cc: David Lauqhlin
Ronald P. Scaqliola
Karen Levin Alexander, Esq.
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RELEASE OF LIEN
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KNOW ALL MEN BY THESE PRESENTS:
Then tho und.rsigned, 10, and in con.idOlG'ion of tho po}'lll_ of the _ of ............
~~y. .~~!'. .~~. ~~. ~~..E:g~y'........ and .. nq........ /100 Oollar. (S.~~(9~!M9",
poidiy tho ........ .$..~ .~. ~tIP!l!Ilt;.. AAc;............ ....... r.ceip' of which i. h....y oclu.owledgod,
ha,oiIy '.1........... quit claim. .. ,h. Hid......,.. ~..~~........................ ............
it. ...ceo..o,. and o..igns, Gnd ............ ~.~.:~. ~~.1;. ~~................................ :. ' '
...................................................................................................
rIM ownor,oll Ii..., Ii.. rights, clai... 0' d_nd. of any kind .hoatao."." which rIM und_i..ed now h... '"
.ight ha". ogoin.t ,h. building on pr.ai... legally d..cribed o. ..~. ~~"" . . . . '" .. . .. ......... .
.......~.~~.~~.~~~~..~V"'4./.~~~,y.~..~1~...................................
.... '.. .~~1'~~'?9:...~~. !+.~.~...t.. .~.~,,s.~;. .:4~(..~;.. ~&.................
, See:. : 13, SUb. : 00, 8loc:Jc: 000, Lot: 000
...................................................................................................
.....................................................................................................
lobo, and mO'.,iol. u.ed by ,he und.rsigned in 'h. erection of Hid imp"'''_nt. ho... b_n fully peI;cI fa,.
on occountof lobo, parformed and/o, mo'.riol fumi.hod 10, me co,.."""'ion of any i.pro"...._. 'h_n. Tho, all
IN WITNESS WHEREOF, I ho". h_....'o "'.y hand .001 mi. ...~~.................
day of ......~............ ,19 .~fL..
WITNESSES:
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STATE OF FLORIDA}
COUNTY, OF sa.
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.;:)vu & 1'U:..nJ.~ YU"'t:.Ut ~ AN\,.;.
tJTJ1JTIEs CONTRACTOR '
1471 N.pcww en... '
~ Such. FloridA 33435
. (305) 732-6711
Dunkin Donuts
,.
4800 West Atlantic Avenue
Delray Beach, Florida
REQUEST FOR PAYMENT
"
. 0... "J'une l!r. 1987
IlGUts.lno... 1
TO..S , A ManagelDent
Manuel S. Andrade
45 Manton Avenue
Providence, RI
c...._.:
"'...-" ,'Sanitary Sewer
Dunkin, Donuts .
4800 West Atlantic Ave,
0...: Delray Beach, FL
(
'ho. 'equa.t lor '.-,-", II I. ... I*'QI-.l Oft 'lie ...... plOjCI ""oo.vft ,lie fWp ,....... ~
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Or'9'ftel Can',ee, Amo.....
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Appta.r.d o-g. Ordet,
TOTAL IEVISfD COHrlACT
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T..... " - ..... ..._..... .. ........ .. s
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.------
39,650.00
39,650.00
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"OUTHERN PIPELINE, L. ~C.
UTILITlES CONTRACTOR
1471 Nepllll18 Oriw
Boynron Bach. Florida 33435
(305) 732-6711
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Exhibit . A"
S , A l1anaq~t
45 Manton Avenue
Providence, R.I 02909
Manuel S. Andrade _
Oate 5-14-87
Project
Dunkin Donut:!
4800 Weat Atlantic Ave.
Delray Beach, Florida
Sanitaq Sewer
US' 16" Steel Casinq (Jack ana Sore) CUt 8.00 - 10.00
125' 8" D.I.P. Class 50
1 . Tie into exutinq IIIiII1hole (core drill) with interiOC' D.I.P. DI:'op
1 . Precaat Manhole 4' dia. with 10" ba.se,painted iMide ana out,
rinq ana cover.
CUt 8.00 - 10.00
2 8- Manhole adapters
190' 8" P.V.C. S.D.R. 35
180' 6" P.V.C. S.D.R. 35
2 8" P.v.c. Plugs
1 8"x 6" P.v.C. ~ wye-
2 6" P.V.C. Tee wyu
3 6" P.V.C. ClMnOUts
3 6M P.V.C. Plug-
97 SQ. Yds. Asphalt Replacement.
66 CUbic Yds. Shell Rcck
1600 Sq. i"r. Sod Rep1lK'--tt
15 CUbic Yds. Traah RBoval
"
Sanitary Sewr
1. Pr.m.b and Feu by others.
2. Stakeout and engineering by ottlera.
3. Density teR by otheQ.
4. Rep1Ac~t of Pine =_ and block wall by ottIcs.
5. Pa~t ~ in full upon CCIIIpl"et1cn and ~1\X1.
Total 39,650.00
..:'?....''l.,,__..._ _
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DoI:q Fox, Southem Pipeline, Inc.
4..$ Lk~___
Manuel S. Ancb...CIl., S , A Maaag_~
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Mr. Manuel S. Andrade
May 27, 1987
paqe TwO
We t.rust this approach _eta with your approval and we antic-
ipate the pro-rata share calculations to be complete within
the next .everal days.
"'-
Cordially,
-
....
.;
bert S. Pontek
Director of Public
RSP: smw
cc: Robert A. Barcinski
Asst. City Manaqer
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100 N,W, 11' "VENUE
OELA"V BEACH. FlOAIO" 3:1~
3051271-210&1
May 27, 1987
-
MJ:. Manuel s. Andrade
13313 Via Vesta
Delray Beach, FL 33444
SOBJECT.
SEWER FACILITIES - DONKIN DONO'l'S -
WEST ATLAN'l'IC
D.ar Mr. Andrad..
As w. have discussed previously, there is no existing gravity
sewer to service not only your new facilities but also the
beauty shop and the Barnett Bank located to the east of your
new building. Th. original plan vas to have the now defunct
Delray Forum Office building provide the bore and jacking
under Atlantic Avenue to offer qravity sewer to the southsid.
of Atlantic Avenue. Unfortunately, the Porum is no long.r a
viable builder and the sewer was not installed.
The plans we have discussed include your firm providing the
bore and jacking under Atlantic Avenue using plans approved
by this department with DOT permits as issued, along with the
County Health Department permits. There will be several ben-
efitted users for this new gravity ..wer. This department
will calculate the appropriate pro-rata share for each of the
.xisting us.rs and mak. an allowanc. for the land area at the
form.r Forum office to as sur. corr.ct r.imbur....nt for your
firm. We have .poken to Barnett Bank and th.y concur with
our approach to the pro-rata share distribution of the costs
for the gravity s.wer to include the bore and jacking costs.
It is our plan to a.semble the pro-rata costs for the portions
of the gravity sewer proj.ct for the various users to include
the portion for the previous commercial land (Porum) and pre-
sent th.se cost. before the City Ccmmis.ion. It i. our in-
tent to gain support frOlll the City COIIlI1.aion to participate
in the costs for the qravity sewer which benefit. the City of
Delray Beach. Furthermore, the City will be &])le to r.cover
the ..wer fee. we. a..w. at such tu.. a. the vacant collllll8:cial
land i. developed. This plan will eliminate another 11ft
station r.quirement and is in the be.t intere.t. of the over-
all development plan for utilitie..
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
ROBERT A. BARCINSKI, ACTING CITY MANAGER
------ J:..
. .~l(/, <~-'<-.
FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
VIA:
FROM:
(\ j~
~). KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 8, 1989
CONSIDERATION OF A REQUEST FOR WAIVER OF SIDEWALK WIDTH
WINDY CREEK (a.k.a. Hanover Square) S.A.D.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a reduction in width of a sidewalk. The request
is processed pursuant to l72.l7(B).
BACKGROUND:
Windy Creek (a.k.a. Hanover Square a.k.a. Granada Estates) is a
partially built subdivision located along Atlantic Avenue, north
of the Hamlet. Earlier this year, a new owner processed a
modification to the S.A.D. in order to eliminate some common
areas, create larger lots, and alter building locations.
A condition of approval (of the modification) was the
installation of sidewalks in certain areas. The standard
residential sidewalk is to be 5' in width [172.l7(A)(1)].
Because of unique circumstances, the developer has requested a
reduction to 4'. His rational is attached.
PLANNING AND ZONING BOARD CONSIDERATION:
This specific request has not been before the Planning and Zoning
Board, nor is such review required [172,17(B)]. The Engineering
Department does not object to the request. No other Departments
or standards are affected.
RECOMMENDED ACTION:
By motion, grant a reduction in sidewalk width,
for the Windy Creek S.A.D.
from 5' to
4'
,
Attachment:
applicant's request letter
d.~
LAND.
~~~~ ~
July 18, 1989
RECE~VED
!lll 28 1989
Ms. Jasmine Taylor
City of De1ray Beach
Planning Department
100 N.W. 1st Avenue
De1ray Beach, FL.
---------------
Re: Modification of Sidewalks for Windy Creek Development
Dear Jasmine,
At the last Planning and Zoning Board meeting that we
attended regarding Windy Creek, we spoke of constructing a
4'sidewalk on one side of the roadway in the Windy Creek
development. As this meeting, there was no discussion of
the requirements for the sidewalk to be a minimum of 5' in
size, or other processes that we would have to go through to
reduce the size of the sidewalk to 4'. We were surprised by
your Staff Report requiring that the sidewalk be shown at a
minimum of 5' or seek relief from the City Council.
Through this letter, we would respectively like to request
the reduction of the 5' sidewalk to 4' along one side of the
road as shown on the site plan of Windy Creek. The
justification for this sidewalk to be reduced to 4' is to
provide a sidewalk that fits into the right-of-way cross
section for the Windy Creek development. As you know, the
Windy Creek development has already been constructed and
plated with the roads in place. When the project was
originally approved, there were no internal sidewalks in the
development due to the open spaces that connected to the
rear of many of the units. Since this open space has been
deleted in many areas, we are now locating the sidewalks on
one side of the road to compensate for the elimination of
the open space areas. The 5' sidewalk as required by your
code and your Staff Report does effect the effectiveness of
the swale area in the right-of-way. The one foot reduction
on the sidewalk will eliminate the conflict between the
swale and the sidewalk. The 5' swale will actually be
located within the center line of the existing swa1e. The
4' sidewalk eliminates this conflict.
Please place this request on the next agenda for review by
the City Council and provide our office with any additional
information that we need to complete to formalize this
request. If you have any questions, or if I can be of
407-478-8501 . Congress Business Center. 1280 N. Congress Avenue. Su,te 109 . West POlm Beach, Flonda 33409
LAND PLANNING · LANDSCAPE ARCHITECTURE . ZONING CONSULTATION
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Ms.J.Taylor
Page two
July 18, 1989
further
call.
Council
assistance on this
I look forward to
on this issue.
RAB/1p
issue. please do not hesitate to
working with you and the City
!,
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MEMORANDUM
TO:
ROBERT BARCINSKI, ACTING CITY MANAGER
THRU:
FRANK R. SPENCE, DIRECTOR, DEVELOPMENT SERVICE
LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT cJ!3
AUGUST 1, 1989
REQUEST FOR WAIVER OF SECTION 163.02 OF THE CITY CODE
(POOL BARRIER REQUIREMENT) BY TERRY ~ CHILD - GARDENIA
DRIVE
FROM:
DATE:
RE:
BACKGROUND:
The above residence was issued violation notices for non-
compliance to building codes in May 1988. The property owner was
cooperative in complying with all codes with the exception to the
pool barrier requirement under Section 163.02. Mrs. Child had
requested the right to submit a new landscape plan that would
provide adequate barrier to her property in lieu of erecting any
type of fence or major hedge. Staff was cooperative in her
efforts and allowed adequate time for her to hire a landscape
architect, contractor and have the entire work completed. During
the course of the year, additional time was allowed for
compliance because of her scheduled time away from the City of
Delray Beach. On July 3rd, we received a written request from
Mrs. Child requesting to be scheduled on the next City Commission
agenda for consideration of a waiver to the Swimming Pool
Enclosure requirement.
CODE REQUIREMENT:
Under the requirements of Section 163.02, private pools are to be
enclosed with a safety barrier which may be in the form of a
screened-in patio, wooden or wire fence, concrete block or rock
wall, or other materials. The barrier shall not be less than 48
inches in height and shall be erected around the swimming pool or
around the premises on which the pool is erected. The intent is
to prevent unrestrained admittance to the enclosed area, except
where the one side fronts on either the Intracoastal waterway, a
finger canal or the ocean, no barrier is required. Mrs. Child's
property is bordered on the rear by the Intracoastal waterway.
RECOMMENDATION:
Staff is submitting the waiver request in compliance with Section
163.04 (MOdification of Requirements by Commission). The
Commission may make a modification in individual cases, upon a
showing of good cause with respect to the height, location of
fence or wall, or the necessity thereof. The Commission may also
make a determination that in the areas where due to the lack of a
substantial number of small children, no obvious hazard exists,
and granting of a modification or special exception to the
requirement may be in order.
Attachments: Copy of Sections 163.03 & 163.04
Disk:LB/DQ:U
B:Child.RAB
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97
CHAPTER 163.
Section
Enclosures: Fences
163.01 Enclosures required for
private pools
163.02 Prerequisite to approval:
specifications
163.03 Responsibility for, plans to
show complIance
163.04 Modification of requirements
by Commission
163.05 Requirements not to affect
other provisions of code
163.06 Exemption for commercial
pools, insurance required
ENCLOSURES; FENCES
S 163.01 ENCLOSURES REQUIRED FOR PRIVATE
POOLS.
All private or family type pools,
except those defined in S 163.04 of this
subchapter, shall be enclosed by fence or
other enclosures so that the premises
upon which the pool is located is
enclosed from adjOining yards or property.
('80 Code, S 9-518) Penalty, see
S 150.999
S 163.02 PREREQUISITE TO APPROVAL;
SPECIFICATIONS.
(A) No swimming pool final
inspection and approval shall be given by
the Building Department, unless there has
been erected a safety barrier as
hereinafter provided.
(B) The safety barrier shall take
the form of a screened-in patio, a wooden
fence, a wire fence, a rock wall,
concrete block wall, or other materials
SO as to enable the owner to blend the
same with the style of architecture
planned or in existence on the property.
The safety barrier which shall not be
less than 48 inches in height, shall be
erected either around the swimming pool
or around the premises on which the
swimming pool is erected. In either
event, it shall enclose the area
entIrely, prohibiting unrestrained
admittance to the enclosed area, except
that where the entire premises are
fenced, and one side fronts on either the
intracoastal waterway, a finger canal, or
the ocean, then no fence shall be
required along that side fronting the
water. All gates must be self-latChing
with latches placed four feet above the
underlying ground or otherwise made
inaccessible from the outside to small
children; howev~r, the door of any
dwelling forming part of the enclosure
hereinabove required need not be so
equipped.
('80 Code, S 9-520) Penalty, see
S 150.999
SWIMMING POOLS
S 163.03 RESPONSIBILITY FOR, PLANS TO
SHOW CDMPLIANCE.
(A) No person in possess ion of a
family pool within the City, either as
owner, ourchaser, lessee, tenant, or a
licensee, upon which is presently
situated a swimming pool or family pool
having a minimum depth of 24 inches as
determined hereinabove shall fail to
provide and maintain a fence or wall as
herein provided. ('80 Code, S 9-521)
(B) No building permit .hall be
issued for the construction of a family
pool unless there is clearly shown on the
plans submitted to the City Building
Official or on other construction
specifications submitted to the City
Building Official provisions to comply
with this section. ('80 Code, S 9-522)
Penalty, see 5 150.999
S 163.04 MODIFICATION OF REQUIREMENTS BY
COMMISSION.
(A) The City Commission may make
modification in individual cases, upon a
showing of good cause with respect to the
height, nature, or location of the fence,
wall, gates, or latches, or the necessity
therefor, or may permit other protective
devices or structur~s in lieu thereof.
In making these modifications or special
exceotions, t~e City Commission shall be
governed by the fOllowing standards: The
purpose of the fencing requirement herein
is to prevent small children from
inadvertently wandering into family
swimming pools.
(9) The Commission realizes that
there ar~ locations within the city where
an unfenced family pool would not create
an obvious haz3rd. tn these areas where,
due to the nonexistence of a substantial
number of small children, no obvious
hazard ~xists, the City Commission may
gr3nt modifications or special exceptions
and may ~ven dispense with the
r~quirement for fencing. All decisions
shall b~ conditional and subject to
revocation in the event circumstances or
conditions Change in the particular
10ca t ion.
('SO Code, 5 9-524)
S 163.05 REQUIREMENTS NOT TO AFFECT
OTHER PROVISIONS OF CODE.
Although the provisions of this
section ac~ limited in applicability,
nothing contained herein shall diminish
or otherwise abate the applicability,
force, and effect of S 100.06 which
provides that a dangerous excavation in
th~ earth may be considered a public
nuisance under c~rtain circumstances or
any ordinances regulating the
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CITY COMMISSION DOCUMENTATION
TO: ROBERT A. BARCINSKI, INTERIM CITY MANAGER
~~I/ /~
THROUGH: FRANK R. SPENCE,DIRECTOR
c:-BE\ELOPMENT SERVICES GROUP
, h ,\ A,,-J \ )~UCL"7L-
FROM: ~~KOVA~, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: CITY COMMISSION MEETING OF JULY 25, 1989
REOUEST FOR WAIVER OF PROCESSING FEES
ITEM BEFORE THE COMMISSION:
The consideration before the Commission is a request
for waiver of processing fees for a final plat
submission. The request is detailed in the attached
letter from ANDOVER. The amount involved is $2,357.26.
BACKGROUND:
Code Section 173.918 establishes separate processing fees for
preliminary and final subdivision plats. The fees are:
Preliminary Plat -- $363 plus $ 97/acre
Final Plat -- $484 plus $120/acre
The fee schedule is set by the City Commission; therefore the
Commission may make amendments to it.
Code Section 172.60 (B) identifies the requirement for both a
preliminary plat and a final plat for a major subdivision. The
Andover III subdivision involves 51 lots and 22 acres of land and
is, thus, a major subdivision.
Andover argues that they made a combined application in February,
1989, and thus only one fee was necessary. The Planning
Department accepted the single processing fee and applied it only
toward the first step of processing with a credit to the next
step.
Regardless of the arguments which are made, the Code is clear
that two fees are required. If favorable consideration is given
to the request at-hand, the Commission should be prepared to
entertain other requests for waivers from similar situat~~
plats.
~._.,._-
RECOMMENDED ACTION:
By motion, deny the request for waiver."
Atta,fhment:
letter of June 21, 1989, with attachments from ANDOVER
02~
June 21, 1989
DEVELOPMENT CORPORATION
City Commission
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Via: David Kovacs, Planning Director
Re: Andover, Section III, Plat Application Fees
Dear Ladies and Gentlemen:
Earlier this year, Andover Partnership filed an application for
preliminary and final plat approval for Andover, Section III. The
Planning Department determined at the time that the application
should cover preliminary plat approval only even though the actual
submission which was reviewed by staff contained full construction
plans and materials appropriate for final plat approval.
We have been requested to refile another application for final plat
approval and to resubmit all materials previously submitted. We
have also been asked to pay separate fees both for preliminary and
final plat approvals. To date the fee which we have paid is
$2,976.82, which is the appropriate fee for final plat approval
only.
We request that, since only one review has in fact been necessary
(except with respect to the normal correction of technical matters
as a followup to staff review) only one fee should be payable in
connection with this plat application. Accordingly, we ask that the
Commission waive the preliminary plat application fee ($2,357.26)
in this instance because payment of duplicate fees for a single
review process is not equitable.
Thank you for any favorable consideration you may give to this
matter.
Very truly yours,
ANDOVER PARTNERSHIP
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Thomas F. Fleming, III,
Gen~ral partne~
Wi~~er
General Partner
Andover Development Corporation. 2660 Hampton Bridge Road. Defray Beach. Florida 33444 . (305) 392-5000
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DEVELOPMENT COlrOIATION
June 21, 1989
Mr. David Kovacs
Planning Director,City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Re: Andover, Section III/Final Plat
Dear Mr. Kovacs:
Please find enclosed herewith an application for final plat
approval for Andover, Section III.
The enclosures are identical with materials submitted in connection
with our earlier application for preliminary and final plat
approval, except only for the following:
1. Satisfaction or correction, as appropriate, of items I,
2, 3, 6, 7, and 8 set forth in the Technical Review Section of your
Staff Report for the April 17, 1989, meeting of the Planning and
Zoning Board. A copy of this portion of the Staff Report is
attached for your convenience. (Items 4 and 5 were eliminated.
Item 6 was altered slightly to require only application for
permits.)
2. A certified cost estimate and hydraulic computations are
enclosed herewith. These items were not previously submitted.
All of the enclosed materials have been previously reviewed and
commented upon by staff with the sole exceptions noted above. We
suggest that it would be appropriate and efficient to limit staff
review to these exceptions only~
Please be advised that the easement for Del-Aire sewer and water
mains has been delivered to Larry Martin, Acting Public Utilities
Director. We did not record the instrument before delivering it.
Either Larry or I can explain why if you should care get into it.
Please advise us as soon as possible when we may expect this matter
to be heard by the Planning and Zoning Board.
Sincerely,
ANDOVER ~TN
.w~{~n~. Maher
...
Andover Development Corporation. 2660 Hampton Bridge Road. Delray Beach, Aorida 33444 . (305) 392-5000
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Enclosures List
Application for Final Plat Approval
Andover, section III
Item
Review Status
South Florida Water
Managemant District Permit
Lake Worth Drainage oistrct
Approval
Previously submitted
Previously Submitted
Enviro Engineering Corporation
Traffic Study
Previously submitted
Appliacation previously
submitted (Item 6 of
Technical Review)
Application and permit for water
system, HRS, Palm Beach County
Health Department
Ardaman & Associates soil test
report
Previously submitted
with plat applications
for sections I & II
Tree survey with rights of way
Previously submitted
Streetscape Plan
Previously submitted
Previously submitted -
Corrected to add a fire
hydrant at lot 152 and
a note that street trees
will have 6' minimum
clearance from pavement
(Items 2 & 8 of
Technical Review)
Plats, Paving, Grading, Drainage,
and utilities plans
Revised Master Sewer and Water
New Submission
(Item 1 of Technical
Review)
Easement deed Del-Aire utilities
New submission
(Item 7 of Technical
Review)
Hydraulic computations
New submission
Certification of construction
cost estimates
New submission
Application to Palm Beach County
Engineering for offsite improvements
(with corrected drawing)
New Submission
(Items 3 & 6 of
Technical Review)
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" AndoVer Section III
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,~t' ;.!/~\\~ts from DER, Palm Beach Health Department, (for~ ew
. 'water and sewer mains) and Palm Beach County (for roadway
improvements within Germantown Road) are required.
.'
7. With the final plat submittal provide copies of the recorded
utility easements covering the existing 12 inch water and 8
inch sewer force main which traverses the property and/or
show the easements on the plat as appropriate.
8. Provide note on the paving plan stating that 6 foot
clearance (minimum) will be maintained between the edge of
pavement and street trees.
I
ALTERNATIVE ACTIONS
First. resolve the items identified as "issues" in the Assessment
Sect10n of this report, then either
1. Approve the preliminary plat subject to the comments
identified in the Technical Review section of this report,
or
2. Continue with direction.
RECOMMENDATION
By motion, approve the preliminary plat
noted under the Technical Review Section
the final plat submission.
subject to the items
being complied with in
In a separate action, recommend to the City Commission that
waivers be granted from Code Sections 172.16 (P), 102.22 (A) and
172.17 (A) thus allowing a 40 foot right-of-way with a 20 foot
pavement section and a six (6). foot pedestrian pathway in lieu of
sidewalk on both sides of the streets.
Attachment: Reduced plat map
JT/30/ANDOVER
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MEMORANDUM
TO:
Robert A. Barcinski
Acting City Manager
FROM:
(
William H. Greenwood .';i4~/
Director of Public Utilities
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING - AUGUST
8, 1989 - PRELIMINARY DRAFT FROM CDM - TASK ORDER
#II.13 FINAL DESIGN - SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT PLANT
DATE:
August 2, 1989
ACTION
Request City Commission ratify South Central Regional Wastewater
Disposal Board motion made at last meeting dated July 20, 1989.
"Approve the preliminary draft subject to receipt of final draft
of the preliminary report and authorize Camp, Dresser & McKee to
proceed with Task Order #II.13 final design which would include
the covering of the aeration tank basin and change over to a wet
scrubber system and the effluent pump station expansion subject
to the right to rescind the action at any point after receipt of
the final report.'
Funding source will be
Covers. Total estimated
estimated at $636,000.
$318,000.
#441-5162-536-60.78 SCRWTBD Aeration
cost for COM professional services is
City of Delray Beach's share will be
BACKGROUND
South Central Regional Wastewater Treatment Disposal Board passed
the preceding motion on July 20, 1989.
Attached is a Departmental Budget Transfer Form to cover City of
Delray Beach's share of the estimated engineering fees in the
amount of $318,000.
RECOMMENDATION
Based upon this action approved July 20, 1989 by South Central
Regional Wastewater Treatment Disposal Board, Staff recommends
ratification by the City Commission of Delray Beach.
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[ITY DF DELAAY BEA[H "'..,
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CITY ATTORNEY'S OFFICE
310 S.E. 1st STREET, SUITE 4 DELRAY BEACH. FLORIDA 33483
407/243-7090 TELECOPIER 407/2784755
MEMORANDnM
Date:
A u!1'Ust 2, 1989
To:
r.ity Comrnis~ion
From:
Perhert W. A. Thiele, Cit~, Attorney
Subi"ct: Prop08ed Settlement Fegardinp; Fig'Ueroa/Paulsen v, City of
Delray Beach (as Third Party Defendants)
The City Attorney's Office has been contacted b,' Assistant Count'! A ttoI'l1e"
Curtis Gr0din to transmit a prop08al for a joillt settlement of thp above-
referenced litigation.
The City's involvement in this case is by a third part~' action by John P.
Paulsen against the City of Delray Beach which alleges a breach of c0ptrllct
concerning the zoning requirements and right-of-way dedic8.ti0ns for Sherw000
Park Plaza, Inc. which occurred in 1978-1980.
Based upon our review of the facts of this case and the allegations in the
Complaint ,-----and after extensive discussions with Mr. Grodin and other
members of the Palm Beach County staff, it is the recommendation of the City
Attornej"s Office that we participate in the settlement of this matter. Thp
settlement proposal would be that the County and the City would participate
on a 50/50 basis in the settlement with both Mr. Paulsen and Mr. Fi!!Ueroa.
with the amount of settlement being $39,000, divided equally (that is, that
the City's share would not exceed the sum of $19,500>.
Funding for this settlement would come from the City's Self-Insurance Fund.
Due to the delicacy of this matter and the fact that it is a. subject in litiga-
tion, we would request that any members of the City Commission who would
like any additional detailed information on this case or the basis for the
settlement recommendation please contact me personally at your earliest
conveniel'ce.
By copy of this memnra.ndum to the Interim City Manager's Office, we are
requesting that this matter be scheduled on the Commission's regular agenda
~gust 8, 1989.
.4riw
cc: Robert A. Barcinski, Interim City Manager
Lee Graham, Risk Management Director
Gates Ca"tle, City Engineer
David Kovacs, Director of Planning and Zoning
Curtis Grodin, Esq., Assistant County Attorney
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McC~~te Daley
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July 12, 1989
C! f'r rI,~',,-, ~L~.~~c
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Mr. Walter o. Barry
City Manager
100 N.W. 1st Avenue
Delray Beach, Fl 33444
Dear Walt:
Please find enclosed our contract for the 1989-1990 legislative calendar
year.
As we discussed, I have been instructed to increase our projects to include
The Mass Transit Center and the jury pool issue. These projects are in
addition to our previous contract. Due to the work involved I have added
an additional fee of $10,000.00. I know you will find this fee to be more
than fair.
Please feel free to contact me if you have any questions.
Sincerely,
--1i ell LcLI-( tlU_<-y
Kathleen E. Daley
/enclosure
PL'BLiC REL4I.'O,"IS. POUTlC4,L CQNSULTfNG. GOI/ERNME!YTAL AFFAIRS
One Park PIIIce. 621 N.W. 53rd Street
SUto 24().23. Boco -. FIorldo 33487
Boco _ (3O!l) 'H7-8768. Weotl'lolm Beoch~) m'2044
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McCartney Plante Daley
ASsociates
AGREEMENT FOR LOBBYING SERVICES
As Governmental Affairs Consultant/Lobbyist for the City of Oelray
Beach, I, Kathleen Daley, an equal partner of McCartney Plante Daley
Associates, a public relations/political consulting/governmental affairs
firm, will continue to represent the interests of the City before the
Governor and Cabinet, State agencies and the Florida Legislature, which
representation would include attendance at all necessary House and Senate
committee meetings during each calendar year, necessary delegation
meetings, as well as the regular session and any relevant special sessions
of the Florida Legislature, and continue to monitor all legislation
affecting municipalities on behalf of the City of Delray Beach.
As Governmental Affairs Consultant/Lobbyist for the City of Delray
Beach, and managing partner of lhe account for McCartney Plante Daley
Associates, I will personally attend to and supervise all matters
pertaining to the account, working in conjunction with the Delray Beach
City Council, the Delray Beach City Manager, and such other staffpersons
within the City Administration as they are related to my duties on behalf
of the City.
I will make myself available to the above-mentioned persons and
offices on both regular and "as needed" bases for meetings and discussions
related to my duties on behalf of the City.
I will not appear before the Delray Beach City Council on behalf of
any other clients of McCartney Plante Daley Associates, thus eliminating
any poss i.bil ity of confl i ct of interests with respect to my dut i es as
Governmental Affairs Consultant/lobbyist for the City of Delray Beach.
It is submitted that my services would be initially contracted for
a period of one (1) year, to be reviewed for renewal by the Council at the
p~ BUC ,:?FlATlO!'lS. POI.rTIC4L CO"'SLLn,"'G. (,O~ERN'1E/YTAL.\,'T4.IRS
One POrk PIece. 621 N.W. 53<<1_
SUIe 240-23'1looo -. F!oItdo 3J487
Ilooo _ (3O!l) 997-8768. _ Palm Beoch (3O!l) 737-2044
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end of said period.
McCartney Plante Daley Associates is willing to undertake the
foregoing representation on the following basis:
1. McCartney Plante Daley Associates will be paid a retainer in
the total amount of $48,000.00 for the contracted period:
(a) $4,000 each month payable on Aug. 1, Sept. 1, Oct. 1,
Nov. 1, Dec. 1, Jan. 1, Feb. 1, and March 1.
(b) $16,000 for the remainder of said contract (April, May,
June and July), payable April 1.
2. In addition, McCartney Plante Daley Associates will be
reimbursed for all vouchered out-of-pocket expenses incurred by me when
such expenses are in conjunction with City business. Such expenses
include, but may not be limited to: lOdging, transportation, meals, long
distance telephone, photocopying, postage, etc.
It should be noted that some such expenses may be pro-rated on an
"as used" basis and partially absorbed by other cl ients of McCartney Plante
Daley Associates who may require services concurrently with the City of
Delray Beach and incur some expenses, such as lodging and transporation,
concurrently with the City.
3. Expenses for recommended promotional items and events relating
to my duties on behalf of the City, such as printed collateral materials
and specific entertainment and/or educational events, will be subject to
approval by the City Manager and payable by the City as additional
expenses.
4. Any additional "special project" work which may be requested at
any time by the City Councilor the Office of the City Manager, and which
falls outside of my realm of duty as Governmental Affairs
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Consultant/Lobbyist for the City, will be contracted for separately and on
special project bases.
5. Either the City of Delray Beach or McCartney Plante Daley
Associates may terminate this agreement at any time, pursuant to the
following:
(i) If terminated by the City of Delray Beach at any time during
the contracted period, for other than good cause, McCartney Plante Daley
Associates will retain the total amount of $48,000.00, plus McCartney
Plante Daley Associates will be reimbursed by the City for any vouchered
out-of-pocket expenses incurred up to the date of termination.
(ii) If terminated by the City of Delray Beach at any time during
the contracted period, for good cause, McCartney Plante Daley Associates
will retain a pro-rated to-date portion of the total amount of $48,000.00,
plus an amo~nt equalling the total of any out-of-pocket expenses incurred
up to the date of termination, and will refund the remaining portion of the
total to the City. Good cause shall include but not be limited to the
arrest of any of the prinCipals of McCartney Plante Daley Associates which
may subject the City of Delray Beach or McCartney Plante Daley Associates
to negative publicity or which would hamper the effectiveness of McCartney
Plante Daley Associates in fulfilling their obligations under this
agreement.
(iii) If terminated by McCartney Plante Daley Associates at any time
during the contracted period, McCartney Plante Daley Associates will retain
a pro-rated to-date portion of the total amount of $48,000.00, plus an
amount equalling the total of any out-of-pocket expenses incurred up to the
date of termination, and will refund the remaining portion of the total to
the City.
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WITNESSES:
ATTEST:
City Clerk
Approval as to Form:
Assistant City Attorney
MCCARTNEY PLANTE DALEY ASSOCIATES
By:
Kathleen E. Daley
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
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MEMORANDUM
TO:
Robert A. Barcinski
Interim City Manager
Joseph Dragon 'l(I"'--ilv"\
Acting Directorm~(~arks & Recreation
Documentation lity ~ommission Meeting-August 8, 1989
STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES
FLORIDA BOATING IMPROVEMENT PROGRAM
DEVELOPMENT PROJECT AGREEMENT CONTRACT # C-5956
July 31, 1989
FROM:
SUBJECT:
DATE:
BACKGROUND
Funding for the boating and recreation improvements at Knowles
Park under the Florida Boating Improvement Fund have been
requested as outlined in the attached letter. Knowles Park plans
and specifications for improvements are complete and have been
approved by the County and the State, we cannot solicit bids
until an agreement is approved by the City, County, and State
Commissioners. This agreement, if approved by City Commission,
will be forwarded to the County for their action at the end of
August. We have been reminded that this $36,000.00 is a
reimbursement grant and no funds expended prior to this agreement
will be reimbursed.
ACTION
Execution and approval by City Council of the Florida Boating
Improvement Program Development Project Agreement Contract
# C-5956, already approved by Palm Beach County and the State of
Florida to comply with the agreement to receive reimbursed
funding of $36,000.00 for Knowles Park improvements.
RECOMMENDATION
Recommend Commission approves agreement for funding of Knowles
Park improvements.
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[Iry DF DELRAY BEA[H
100 NW. 1st AVENUE
DELAAY BEACH, FLORIDA 33444
305/243_ 7000
7/20/88
Dennis Eshleman, Director
Palm Beach County Parks and Recreation
2700 6th Avenue, South
Lake Worth, FL 33460
Dear Mr. Eshleman:
Please consider this letter a request for funding for boating
and recreation improvements for Knowles Park under the Florida
Boating Improvement Fund. I understand this program is funded
by the County's share of funds received from boat license fees
to assist in financing public launChing facilities, channel
markings, and other boating related activities. Knowles Park is
situated on Federal Highway with boat access to the Intracoastal
Waterway and includes two (2) boat ramps and piers, parking lot,
playground and picnic area, and restroom facilities.
COST ESTIMATES
Pier (3) repair
Ramp (2) repair and enhancement
Ramp toe (2) protection
Resurface parking area
Restroom renovation
$ 3,500
20,000
3,000
5,500
4,000
$36,000
If you have any questions, please contact me.
Sincerely,
Joe Weldon
Director of Parks and Recreation
JW:cc
cc: Walter Barry
City Manager
THE EFFORT ALWAYS MATTERS
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STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES
FLORIDA BOATING IMPROVEMENT PROGRAM
DEVELOPMENT PROJECT AGREEMENT
Contract
No. ~.595t
The State of Florida DEPARTMENT of Natural Resources,
hereinafter referred to as the DEPARTMENT, Palm Beach County,
hereinafter referred to as the COUNTY, and City of Delray
hereinafter referred to as CITY, in pursuance of a recreational
boating project approved under the Florida Boating Improvement
Program (FBIP), hereby agree to the following terms and
conditions:
1. This Agreement shall be performed in accordance with
Chapter 327.28, Florida Statutes, and Chapters 16A-ll and 16D-5,
Part III, Florida Administrative Code.
2. The COUNTY, as the official applicant and recipient of
program funds, shall be responsible for grant administration and
accountability. The CITY shall act as agent for the COUNTY for
construction of the project authorized by this Agreement.
3. The CITY agrees to implement the recreational boating
improvement project known as Knowles Park Renovations (FBIP Project
No. B89017), in accordance with the following project elements which
may be modified with due notice and good cause shown to the
DEPARTMENT: Renovation of ramp and restrooms and resurface parking
lot.
4. The CITY agrees to begin the project within six months
after the execution date of this Agreement and shall complete the
project on or before 365 days of the execution date. If the
project is not completed within this time, the DEPARTMENT shall
withhold further payment and deny any further request from the
County for project approvals until the project has been completed.
5. If the COUNTY receives advanced funds and the project
is not started within 90 days of receipt, the COUNTY shall return
to the DEPARTMENT all advanced funds plus interest in the amount
which would have accrued to the trust fund had the funds not been
disbursed.
Page 1 of 5
6. The DEPARTMENT agrees to obligate and make available to
the COUNTY the approved project amount of $36,000.00 to be used
for the project authorized by this Agreement. The funds will be
released by the DEPARTMENT in installments, unless advanced
pursuant to the provisions of paragraph *22. The DEPARTMENT,
COUNTY and CITY understand and agree that there shall be no
reimbursement of funds by the DEPARTMENT for any expenditure
made prior to the execution of the Agreement with the exception
of $0 for the fOllowing specific expenditures: N/A
7. Eligible and ineligible costs are established in Chapter
16A-11 and Chapter 16D-S, Part III Florida Administrative Code.
8. Payment request and expenditure documentation shall be
submitted in accordance with the DEPARTMENT'S Grant and Contract
Accountability POlicy (Chapter 16A-11, F.A.C.). The Project
Manager shall, within ninety (90) days after receipt of a payment
request, review the work accomplished to date on the project and,
if in order, approve the request for payment. The DEPARTMENT
shall retain 10% of grant amount until completion of the project.
9. The COUNTY and CITY shall retain all records supporting
project costs for three (3) years after the fiscal year in which
the final program payment was released by the DEPARTMENT or until
final resolution of matter resulting from litigation, claim, or
audit that started prior to the expiration of the three-year record
retention period.
10. The DEPARTMENT reserves the right to inspect the project
as well as the right to audit any and all financial records
pertaining to the project at any reasonable time. This Agreement
can be unilaterally cancelled by the DEPARTMENT should the COUNTY
or CITY refuse to allow public access to all documents, papers,
letters or other material made or received in conjunction with
the Agreement pursuant to the provisions of Chapter 119, Florida
Statutes.
11. If it becomes necessary for the DEPARTMENT to demand a
refund of any or all funds tendered pursuant to this Agreement,
the COUNTY and CITY agree to return said funds to the DEPARTMENT,
Page 2 of S
with interest, within sixty (60) days. If not returned within
3ixty days, the COUNTY and CITY understand and agree that any
further COUNTY requests for funding as to this or any other project
under the DEPARTMENT administration shall be denied until the funds
have been returned.
12. FOllowing receipt of an audit report identifying any
reimbursement due the DEPARTMENT, the COUNTY and CITY will be
allowed a maximum of sixty (60) days to submit additional
documentation to offset the amount identified, or to return the
amount due.
13. The COUNTY and CITY agrees that the project, when
completed, will be operated and maintained in a satisfactory
condition for public recreational boating purposes for a minimum
twenty five (25) years from the date of project completion. The
COUNTY and CITY further agree to return to the DEPARTMENT funds
tendered for the project with interest, in the event the project
becomes utilized for other than public recreational boating
purposes during this period.
14. In the event the CITY elects to implement a user fee system
for any public facilities, the CITY agrees to impose such fees
uniformly among the users regardless or race, sex, age, religion or
other condition or the political jurisdiction in which the user
may reside.
15. The COUNTY and CITY agree to hold the DEPARTMENT harmless
from any liability or claims that may result from the
implementation of the project or from alleged negligence in
maintenance or operation.
16. Linda Reeves, Grants Specialist or her successor, is hereby
aesignated as the DEPARTMENT'S Project Manager for the purpose of
this Agreement and shall be responsible for ensuring performance of
its terms and conditions and shall approve all rei~~ursement
requests prior to payment. The COUNTY shall appoint a Liaison
Agent, whose name and title shall be submitted to the DEPARTMENT
upon execution of the Agreement, to act on behalf of the COUNTY
relative to the provisions of the Agreement. The COUNTY'S Liaison
Agent shall submit to the DEPARTMENT signed project status reports
Page 3 of 5
every sixty (60) days summarizing the work accomplished, problems
encountered, percentage of completion and other appropriate
information. photographs shall be submitted when appropriate to
reflect the work accomplished.
17. The DEPARTMENT'S performance and obligation to pay under
this Agreement is contingent upon an annual appropriation by the
Legislature.
18. (a) Any asphalt paving shall conform with the Florida
Department of Transportation's specifications for
road and bridge construction. Bid specifications,
contracts and/or purchase orders must specify
thickness of asphalt and square yards to be paved.
(b) The Agreement does not constitute consent by the
DEPARTMENT to conduct dredging operations without
first obtaining all necessary local and State permits
for said dredging activity including permission from
the Board of Trustees of the Internal Improvement
Trust Fund. Any violations resulting from
improper/illegal dredging operations may result in
automatic termination of the Agreement by the
DEPARTMENT with the COUNTY and CITY being held liable
for reimbursement of appropriated funds provided
through the Agreement plus interest.
19. It shall be the responsibility of the CITY to secure all
required permits.
20. The COUNTY and CITY shall insure that all purchases of
goods and services for the accomplishment of the project shall be
secured in accordance with the provisions of the law.
21. The Agreement shall become effective on the date of the
signature of the Division Director or his designee of the DEPARTMENT.
22. The DEPARTMENT, COUNTY and CITY mutually agree to the
following special terms and conditions incorporated as part of this
Agreement: N/A
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by the officer and agents thereunto
lawfully authorized.
EXECUTIVE BOARD OF THE
DEPARTMENT OF NATURAL RESOURCES
Attest:
Approved
By:
Joseph F. Knoll, Acting Director
Division of Recreation and Parks
Date:
Attest:
County of: Palm Beach
By:
Date:
Attest:
City of:
Delrav
By:
u,
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Manager
Date:
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DNR
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Contract Administrator
Approved as to
Form and Legality
R~.~:~~ ~_. -L
DNR Attorney v
Page 5 of 5
AGENDA ITEM E-lb
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue. Delray Beach. Florida 33445
EXE'curilJE' nirrctor
Tel.-phone
272.7061 734.2577
DAVID CIPRIANI
July 13, 1989
TO: Hembers of the Board
RE: Sludge Disposal Demonstration Project
This letter is to recommend that the Board participate
in the sludge landspreading demonstration project proposed
by the Palm Beach Soil and Water Conservation. District. The
purpose of the study is to demonstrate the environmental impacts
of landspreading stabilized sludge on citrus groves in Palm
Beach County.
The impetus for this study is the proposed state and
federal regulations regarding landspreading of domestic
wastewater sludge. These proposed regulations may severely
restrict the beneficial use of sludge on agricultural land.
By demonstrating the minimal impacts anticipated from the
project, this alternative method of sludge disposal could
remain viable in the future, as other methods of sludge
disposal are curtailed.
The study will document the impact of sludge landspreading
on surface water, groundwater, soil and plant tissue. The study
will also investigate various sludge loading rates and sludge
stabilization methods to assess the optimal operational para-
meters.
The total cost of the project is expected to be $370,800
i sE-read over t ee years. Total cost to both cities will be
l ~30lJ) ,ZS .divided equally) for a three year period.
C.'--'RreI~rst the cost will be~j4.00CL:>The second year the
cost will be $13,000. The third and/final year the cost will
be $19,500. /7_"fP" (.9,p f/so
There are several benefits to be gained by participating
in this study. The South Central Regional Wastewater Treatment
and Disposal Board is a major sludge generator in South Palm
Beach County. At the present time, the Board's options for
disposal are limited to disposal at the Solid ~aste Authority ~
(SWA) landfill, or by liquid landspreading of the lime stabil-
ized sludge. As the landfill will be closing soon, there is only
one remaining option, that of landspreading the liquid sludge.
However, this option may be further limited by inclement weather
or new sludge regulations.
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Sludge Disposal Demonstration Project
This study represents a cooperative effort by sludge
generators throughout Palm Beach County to devise alternative
methods for sludge disposal. While the study represents an
opportunity to gain mutually beneficial information related
to landspreading, it will also be a starting point for a
long time association with the Soil and Water Conservation
District, the state and federal regulatory agencies, and other
Palm Beach County Utilities faced with a similar sludge
disposal dilemma.
Based on the potential sludge disposal problems faced
by this Board in the future, and the opportunity to join in
a cooperative effort to address the problem with similarly
affected utilities, the money spent on this project will be
well spent.
Sincerely,
/LJJa~.
David A. Cipriani
Acting Executive Director
DAC:ss
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ENGINEERING DEPARTMENT
M E M 0 RAN DUM
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TO:
ROBERT A. BARCINSKI
INTERIM CITY MANAGER
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THROUGH:
FRANK R. SPENCE .'"A.~
DIRECTOR DEVELOPMENTiSERif'ICES
"-.--..
FROM:
~^ GATES D. CASTLE, P.E.
.1 JJ '- CITY ENGINEER
DATE:
JULY 27, 1989
SUBJECT: DOCK VARIANCE-325 S.E. 7TH AVENUE
The property owner, Mr. David Riekse, has requested the
subject variance. Mr. Riekse wishes to construct a dock
approximately 25' into the Intracoastal Waterway, but the
City Code only allows 5'. Since it would be impossible to
build a usable dock and meet the Code requirements, approval
of the variance is recommended by Engineering.
The applicant has received a Corps of Engineers permit for
the installation.
The adjacent property owners have been notified of the
variance request and neither has raised any objections.
A sketch of the proposed dock installation is attached for
reference. Also attached for further processing is an
Agenda Request form covering this item.
GDC:slg
Attachments
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SMIn;,\RIEKSE COMPANIES
UCENSED REAL ESTAll!: BROKERS
June
1 .
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1989
Mr. Frank Spence
City of Delray B~ach
The City Manager's Office
100 N.W. 1st AV€~ue
Delray Beach, FL 33444
Dear Mr. Spence:
Reflecting on our phone conversation of yesterday, the fOllowing
will explain the hardship I am enduring with the docking of ~y
boat at my home.
Last July I retained Sher8~~ta Associates Consulting E~gineers
for the d€sign( and application for construction of a finger pier
to moor my boat. I was granted a per~it ~g86P30435 by the
Department of the Ar~y and s general per~it #SAJ-20 by the City
of Delray. Con3t~ucti0n was completed and ~y boat has been there
since. I have enclosed a crawing that d~picts the mean High
water as well as the ~ean Low water lines. The boat sketch shows
to scale how ~y boat is docked, as you can see
occurs my boat sits on the tottorn which is full
have scratched and ~ark€d the bottoffi of ~y boat.
times it is not possible to board or re-dock the
whe:rl low tide
of rocJ(s which
At c~rtai:rl
boat.
Also enclcS2d is a letter dated April 27th, 1989 frow Shere~eta
Associates tv Charles H. Schnarpel, Chief Regulatory Section of
the Department of the Army reqUesting a dock mcdificatio~. Also
enclosed is a letter dated May 15: 19391 r6spondi~g to the April
27th letter stating thst the change is net co~sidere~ to b2
significant and will ~ot r8quire a f0r~al appli~ation for
approval and would be noted in th~ fi12.
I next applied for a ~0dification authorization with the City of
Delray Beach. During the next weel: fOllowing I spoke with and
arranged for constru(~tion of the enclo3ed L-Haad ~odification.
was called out of town C~ b'lsiness and d~ring that time the
workers had 3tarted and SUbstantially completed the miner work
that I w~s in fer per~itting. Upon my return, I ~et with Wayne
at the City E~gineeri~g ~espendi~g to Charles AAelrod'g June 1st
letter. I supplied thB City with ~ new ~s-b~ilt ~urvey and
details of the const~uctiorr. A week passed and Wayne of the City
T
.
ONE BOCA PLACE
2255 GLADES ROAD, SUITE 311E
BOCA RATON, FLORIDA 33431
PALM BEACH (407) 241-0012 BROWARD (305) 492-8240
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Mr. Frank Sp~nc.s
City of Dclray B2~ch
Pag~ .2
E~gi~zering Department ad7ised ~e that the application Wa3 being
rsj€ctcc. This brings us up to our phone conversatio~ of
yesterday. It is natu~ally ~y intant to comply with all ~ity
requests, yet at the s~~e tim€ protBct ayd preserve the bctto~ of
my $60,000 plus boat.
I thank you in advance for your help and
hardship and pleaSE feel free to contact
office or (407) 276-0780 at ho~a.
=onsideration with my
-.... ...... fit""" "'),.41 _"/"'11 "'I
J!lC Q'- ',"'ltV' 1 ,,'''It... '--''"-....4
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[JuAA~"\G,-1 .T
David M. Riekser Jr.
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PURPOSE:
PLAN
PREPARED BY:
SHEREMETA ASSOC.
CONSULTING ENGINEERS
101 5.E.61 h AVlnul, Bull. F .
Dllray Slach, Florida _ (1,3483
- (407) 276 7300
IN: o.!r.y Suoh . 1_ AlJE.'[.
AT: Intra coo. 101 ....Z78'
Wallrway
COUNTY OF:
Polm Sloch
SHEET I -OF 4
DATE:
7''''88
DATUM: N.G.Y.D 1929
SCALE: [" = 30'
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~..1 SHEREM~ ASSOCIATES
~.,~~
find planning . engineering . surveying
Apr il 27, 1989
Charles H. Schnaepel, Chief
Regulatory Section
Department of the Army
South Florida Area Office
Jacksonville District Corps of Engineers
Post Office Box '520766 .
Miami, Florida 33152
RE: DOCK MODIFICATION FOR MR. DAVID RIEKSE
PERMIT NO. 88GP30435
(GENERAL PERMIT SAJ-20)
S.A. PROJECT NO. 88210.900
Dear Mr. Schnaepel:
This letter is to request a Minor Modification to the above
referenced permit to provide for the addition of a 5 ilL" exten-
sion at the end of the existing dock which was permitted by the
or iginal application. The proposed L-Head will not extend
any further into the Intracoastal Waterway than the original
finger pier which was permitted and ultimately constructed.
Please note that only a single finger pier had been constructed
as opposed to the dual finger pier arrangement which was origin-
ally pe'rmitted. We have attached herewith one (1) signed and
sealed copy of the Dock Plan (Revision date 4/27/89) showing the
proposed modifications for your use and information.
Your cooperation in this matter is most greatly appreciated.
Should there be any questions, please do not hesitate to call
upon this office.
Yours truly,
-'
Sheremeta, P.E.
RWS/pav
cc: ~J4,,'JU__...
101 S.E. 6th Avenue. Suite F . Oelray Beach, Florida 33483 . (407) 276-7300 . FAX (407) 276-7344
Golden Bear Plaza. 11760 U.S. Highway One. Suite 301 . North Palm Beach. Florida 33408 . (407) 775-3706
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.~. DEPARTMENT OF THE ARMY
.~' . '. Ii MIAMI IlEGU~ATORY P'IE~D OP'C.. JACKSONVI~~E DISTIlICT. COIl~S or ENGINEIlS
;' 1t.0. .OX la07.,
W'AMI. 'LORIDA 11111-07"
".'LV TO
ATTENTION 01 15 May 1989
Regulatory Section
Mill~i
88GP30435
David Riekse
C/O Sheremeta Associates
101 S.E. Sixth Avenue
Delray Beach, Florida 33483
Dear Mr. Riekse:
Re: extension at end of existing dock
Reference is made to your request for revision of plans
which were authorized by Department of the Army permit 88GP30435
issued on September 26, 1988.
According to the enclosed drawings, the proposed change
is ~ considered to be a significant ,,1 teration and will not
r~quire a formal modification. The change will be noted ~n
your f~le.
Thank you for your cooperation with the Corps regulatory
program.
Sincerely,
~~.~'2~r
Chief, Regulatory Section
Enclosure
RECEIVED
MA,( 2 2 \989
1t~J1d I()
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PURPOSE:
-Se:..T'C:>~ A-A
DATUM: N.G.V.D 1929
SCALE: t-le:>o-I6
PREPARED BY:
SHEREMETA ASS.oC.
CONSULTING ENGINEERS
101 S.E.8111 AvenuI. Sull. F'
Dllray Blaell, Florida 33444
(30151 276 7300
IN:
REV:
AT: Inrrocoos 101
Walerway
COUNTY OF:
Palm Bloch
SHEET :J OF 4
DATE:
1,:,,.88
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E/... 10.0
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'000 PILES if WOOD DOCK
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1: 20'
-...
-9..35
rOE OF
CHI?NNEL
PURPOSE: PREPARED BY: IN: Oelray S..ch REV:
X SECT/ON SHEREMETA ASSOC. AT: In,rocoos rei
CONSULTING ENGINEERS Waterway
DATUM: N.G.V. 0 1929
101 S.E.6th Avenue. Sull. F . COUNTY OF:
SCALE: 1..'20' #. Palm Beach
Delroy Beoch, Flarldo ~4B3 DATE:
/0. /0' V. (407) 276 7300 SHEE T 4- OF4 7.t~088
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[Iry DF DELRAY BEACH
July 19, 1989
j:: '-'~ -
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MEMORANDUM
TO: ROBERT BARCINSKI, ACTING CITY MANAGER
THRU: FRANK R. SPENCE, DIRECTOR, DEVELOPMENT SERVICE
FROM: LULA C. BUTLER,' DIRECTOR, COMMUNITY IMPROVEMENT
RE: REQUEST FOR COMMISSION APPROVAL TO ERECT A TEMPORARY
TENT TO HOST GROUNDBREAKING CEREMONY
DELRAY BEACH COMMUNITY CHILD CARE CENTER
Pursuant to Commission policy, the Delray Beach Community Child
Care Board of Directors is requesting Commission approval to
erect a temporary tent to host their formal groundbreaking
ceremony on August 10, 1989 at the site designated for their new
Child Care Center on NW 4th Street. The tent is scheduled to be
erected the day before the scheduled event and taken down the
same afternoon.
Mrs. Barbara Smith or her designee, will be present at the
Commission meeting for any questions.
Staff is recommending approval of the request to erect this tent.
cc: Barbara Smith
B:CCCC:TP/LDRl
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MEMORANDUM
TO:
Robert A. Barcinski
Acting City Manager
FROM:
-/0
William H. Greenwood ~4
Director of Public Utilities
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING - AUGUST
8, 1989 - PUBLIC UTILITIES AUTOMATION AND
PERFORMANCE AUDIT
DATE:
August 2, 1989
ITEM BEFORE CITY COMMISSION:
Request City Commission to authorize implementation of the Public
Utilities Automation and Performance Audit as prepared by Mr.
Richard Zucarro, Director of Data Processing.
Funding source will be from #441-5111-536-60.89
Other.
Equipment,
BACKGROUND:
The Public Utilities Department does not have access to the
City's System 38 nor does it have the capability of in-house
personal computer networking. This department has been working
in the 19th Century without the aid of the latest technology.
The Utilities Department is working in the dark without available
inquiries into financial account status, personnel documentation,
vendor listings, requisitions, etc. The existing personal
computers being utilized for word processing by secretarial staff
are not networked.
It is imperative that the Public Utilities Department has access
to inquire upon the status of accounts, customer service data
base, personnel inquiries and to implement necessary readily
available software.
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All of the Utilities voluminous records pertaining to the Water
Treatment Plant, such as chemical analysis, are only accessible
through time consuming review of the voluminous files. This data
needs to be inputted into a data base so that trend analysis may
be performed and readily available for regulatory agency re-
quests.
RECOMMENDATION:
Staff recommends immediate implementation of Mr. Richard
Zucarro's Public Utilities Automation and Performance Audit. A
budget transfer form is attached to fund the necessary expendi-
tures. Mr. Zucarro estimates the cost to be $26,144.30 to be
funded from #441-5111-536-60.89.
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(3) ADJ1I&nuu.x II1ICID 41/ PU
(2)
Iat.rf.../lat.rd.partaeDtal Tr...f.r
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Julv 13. 1989
(5) uqUUUIJ Itl
William H. Greenwood
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(6) ACCOOIT II1ICID (7) DISCaIPTIO. (I) 1'IAIlSFD OUT U) 1'IARsrn III
441-5111-536-60.89 Equipment - Other $ 30.000.00
441-5122-536-60.86 Pumps & Hoses $30,000.00
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(10) 1'01'AL $ 30,000.00 $30,000.00
.1US1'DlCATIOlh Public Utilities is workinll in the 19th Century without c.omDutAr
assistance. Mr. Richard Zucarro, Director of Information Resources, has estimated it
will cost $25,000 to network P.C. and to connect and access the City's System 38.
Inquiries into the financial management systems, customer service data base, personnel
I'" files, etc., are mandatory. Tracking a large data base, word proc~ssing by using
Lotus, D-Basa, DisplayWrite, etc. to manage utility is an absolute necessity.
DIrT. ~l >; ~.- /J 7/s/~~ ~~~~L~~ '~A!&"~ L
IUllGIT DIUC1'Oa' 1. ~.'L '~I n At~In IWIAGD ?.-'L-_4A ~- If?~
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100 N.W. 1st AVENUE
DELAAY BEACH, FLORIDA 33444 . 407/243.7000
MEMORANDUM
TO: William Greenwood, Public Utilities Director
FROM:
Richard Zuccaro, Director Of Data Processing ~
DATE: July 11th, 1989
SUBJECT: Public Utilities Automation and Performance Audit
As per our meetings of July 6 and July 10, 1989 in which we discussed
Public Utilities immediate and long range automation needs I pro~ose
the following (For assessment purposes I divided your department ~nto
three functional areas: Administration, Wastewater COllection/ Water
Distribution and Water Treatment.)
Adainistration
In the area of Administration, Sandee Wood, pame' Williams and Jennifer
Ornelas are operating stand-alone PC's with Lotus and Displaywrite.
You would like them to have access to the System 38 for Budgeting
information, Purchasing/Inventory, Utility Billing and Personal
Services 38 office products.
In addition, Gloria Montgomery currently has no computer and needs the
same capabilities as Sandee Woods, Jennifer Ornelas and Pame' Williams.
The Director also
System 38 and run
etc.
needs a computer
PC application
with the capability to access the
software, i.e., Lotus, Dbase, HAL,
An additional printer is needed
various statistical reports in
format.
to print letters, documents, graphs and
both letter and "landscape" (sideways)
Recommendation
To address the needs of Administration as requested and interpreted
above I recommend implementing a microcomputer network (Token Ring).
The network would allow all users to share information contained on the
PC network in addition it would allow each user, on the network, to
access the System 38 (Gateway) for Budget, Utility Billing,
Purchasing/Inventory, Office Products i.e., electronic mail, calendars,
etc. and provides all users access to the primary printer (laser).
THE EFFORT ALWAYS MATTERS
.
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This network also facilitates adding additional users or other networks
local or remote.
The hardware/software configuration needed to implement this design is
attached.
Wastewater COllection/Water Distribution
CUrrently Hal Faulkner is running "MOMS" (Maintenance, Operations,
Maintenance System) Sewer system on an IBM microcomputer (PS 2 Model
60). Not completely satisfied with the MOMS system Hal is looking into
replacing it with a similar system called "OASIS".
Bob Phillips is running Lotus and Open Access (an Inventory system)
a Tandy PC and is considering a "MOMS System for water distribution.
on
Water Treatment
The water treatment facility currently has a DEC (PDP-1134) computer
that is at least ten years old. The Turbitrol Control System (software
that runs on the PDP-ll), currently being used, is part of a control
system that monitors electro-mechanical devices (old technology), using
outdated programs that track daily operations creating a historical
data base from which statistical reports are generated.
Recommendation
I recommend that before any additional hardware and/or software is
purchased a qualified consultant be enlisted to review the maintenance,
operations and management of the current Wastewater Collection and
Water Distribution Systems to recommend the appropriate software.
Additionally the consultant should include a performance audit on the
Water Treatment (PDP-1134) computer.
The consultant should work closely with the Data Processing Department
coordinating all hardware and/or software recommendations through Data
Processing to insure compatibility, adherence to current standards and
conformance to future long range plans.
Swma~
It is not uncommon that automation and/or change in procedure be met
with doubt and apprehension. Therefore in an effort to minimize these
concerns and possibly gain a more positive perspective I suggest that
we visit (with key personnel from your depa~ment) a Public utilities
Facility that is fully automated.
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It is important that the end users understand that it is not the intent
of Data Processing to tell them what to do but to show them how to do
what they want to do, and reach their goals through automation in the
most cost effective, productive way.
RZ:aga
cc: Johnw. Elliott, Asst., City Manager/
Management Services Group
Robert A. Barcinski, Asst., City Manager/
Community Services Group
attachments
MIS_WWREC
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PlJRT.TC tJ'JOTT.T'I'TBS
TuJ\mf-RDrG a.l5'~-.uRK SEKVJSK (GLOlUA IIOIl'l'GOImRY)
IBM PS/2 MODEL 70-121
10MB MEMORY, TOKEN-RING ADPT, PS/2 MOUSE
COLOR MONITOR, 20Khz
$ 9,579.00
MR. GREENWooo
IBM PS/2 MODEL 30-286
TOKEN-RING ADPT, COLOR MONITOR, PS/2 MOUSE
TOTAL COST $2,891.00
ADOrnON BQUJ:PIIENT NEEDED FOR EUS'l'DfG PERSOHAL COJIPtJTERs
(FOUR) TOKEN-RING ADAPTERS & CABLES $2,606.00
(2-XT'S,1-MOD 30,1-MOD 60)
SOP'l'WARE
OS/2 LAN SERVER (1) $ 728.00
OS/2 EXT ED VER. 1.1 (1) $ 581. 00
DOS 4.0 (1) $ 105.00
PC LAN VER. 1. 3 (5) $ 857.50
IBM LOC SUPPORT PGM (5) $ 210.00
DISPLAYWRITE 4 VER 2 (1 upgrade) $ 100.00
LOTUS 123 (1) $ 300.00
LOTUS HAL (1) $ 110.00
DBASE IV LAN (1) $ 599.00
TOTAL COST $3,590.50
NETWORK CABLDfG AHD JO:SC.
Walldata Datagate/LAN
(supports 16 sessions)
CABLING AND CONNECTORS
8228 MULTI STATION ACCESS UNIT
LINE DRIVERS ( 2 )
$2795.00
$ 418.80
$ 664.00
$ 600.00
LASER PRDr.1'ER
TOTAL COST $4477.80
TOTAL COST $3000.00
GRAND 'l'OTAL COST OF PROPOSED aln'1lU!Ut $ 26,144.30
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COMMISSION MEMORANDUM
TO:
WALTERg~c. I?_~~ ~AG~~_
FRANK R. SPENCE, DIR1cTOR, DEVELOPMENT
SERVICES
FROM:
DATE: JULY 10, 1989
SUBJECT: NO. SWINTON DRAINAGE PROJECT = CHANGE ORDER !!
-----------------------------------------------------------------
REQUEST
Commission is requested to approve Change Order #1 in the amount
of $19,890.80, to pay for additional costs involving the project
sign, conflict structures, and additional pavement replacement,
piping, sidewalk replacement, and removal of existing piping.
BACKGROUND
A total of $250,000.00 was originally budgeted for this project
in the 1987 utility tax construction bond issue. When the
contact price came in at $198,000.00, surplus funds in the amount
of $31,717.69 was transferred to the NE First Street Storm
Drainage Project. Now that additional funds are required for
this change order it is recommended that the requested $19,890.80
be transferred within this same bond issue from the Rainbow
Homes Drainage Project (Account #333-3161-541-61.13).
$16,125.60 of the change order is directly attributable to the
fact that the existing water and sewer lines were not shown on
the construction plans due to incorrect data received from the
city's Utility Department, and were in conflict with the routing
of the proposed storm drainage pipes, thus requiring conflict
structures and relocation of their proposed pipes.
RECOMMENDATION
The Administration and the Ci ty Engineer recommend approval of
Change Order #1 in the amount of $19,890.80 from Account #333-
3161-541-61.13.
FS:aw
A:NoSwinton.CM
3~
CHANGE ORDER
No. 1
Dated
June 19
1989
, -
Project No. 08-11-89-DB
Project Name: North Swinton Avenue Drainage project
Owner: City of Delray Beach, Florida
Contractcr:
Ocean Bay Construction, Inc.
Contract Date: 12 -12 -88
To:
Ocean Bay Construction, Inc.
, Contractor
You are directed to make the following changes in the subject contract:
1.) Furnish & install project sign; 2.) Install conflict structures
on NE 16th St., No. Swinton Ave., and on NE 19th st.; 3) Remove and
replace additional asphalt pavement; 4) Furnish and install additional
36" pipe; 5) Remove and replace additional sidewalk and 6) Remove additional
existing pipe. .
which changes are more specifically described
specifications.
,
in the attached amended plans, drawings, and
The reason for. the change is as follows: 1) Not in oriqinal contract; 2) & 3) Existing
water & sewer lines not shown on plans were in conflict with proposed storm
drainage pipe, thus requiring conflict structures and relocation of propose
~llJt::b luLv !-,QY~lU1;:a~L, .4) 6) Aaj\:'l3tmcBt t.e Rla~eA. measured. qnatlti+-;+-~:u::!
The contract price and contract time shall be adjusted because of such changes as follows:
A. Contract Price
1. Contract price prior to this change order: $198,000
Page One of Two Pages
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CHANGE ORDER #-L-
2. Net increase resulting from this change order: $1 9, 890
3. Current contract price including this change order:
'17 Ran
.
B. Contract Time
1. Contract time prior to this change order:
2. Net increase resulting from this change order: N/C
3. Current contract time including this change order:
City of Delray Beach, Florida, OWNER
By:
Attest:
City Clerk
City of Del~ay Beach
Approved as to form:
City Attorney
The above changes are accepted on , 198 . I understand that all the
provisions of the Contract Document related to Project No. - which are not
inconsistent with the terms of this Change Order shall remain in effect and apply to all work
undertaken pursuant to this Change Order.
Witness:
, CONTRACTOR
By:
Title
As to Contractor
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MEMORANDUM
TO:
Robert A. Barcinski
Acting City Manager
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FROM:
William H. Greenwood
Director of Public Utilities
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING AUGUST 8,
1989 - EMERGENCY PURCHASE OF GENERATOR FOR MASTER
SEWAGE PUMP STATION
DATE:
August 1, 1989
Item Before City Commission:
Request City Commission authorize emergency procurement of a
generator to operate the Master Sewage Pump Station located in
Veterans Park. Recommended procurement from Devine Engine and
Generator in the amount of $33,860.00. Funding source will be
from #441-5161-536-60.92.
Backqround:
The existing emergency generator was installed in 1965 and
required extensive repairs. Inspectors by Marine Engine
Equipment indicate that two cylinders in the generator
insufficient compression. Parts are unavailable to repair
engine because of its age.
has
and
have
the
Existing emergency generator does not have the capability to
operate even one pump. In the event of a power failure,
especially one caused by a hurricane or tornado, we would
experience raw sewage in the street and an illegal discharge to
the intracoastal.
Recommendation:
Staff recommends purchase of one 250kw emergency generator
Devine Engine and Generator in the amount of $33,860.00.
supplier submitted the lowest responsive/responsible quote.
The proposed new generator has the ability to operate all three
(3) sewage pumps which would be required during a hurricane.
from
This
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MEMORANDUM
TO:
ROBERT A. BARCINSKI
ASSISTANT CITY MANAGER
WILLIAM A. GREENWOOD $)4/2.
DIRECTOR OF PUBLIC UTILITIES
THRU:
FROM:
A. HAL FAULKNER
SUPERINTENDENT, WASTEWATER DIVISION
PUBLIC UTILITIES
REPLACEMENT OF EMERGENCY GENERATOR AT THE MASTER
LIFT STATION (801 E. ATLANTIC AVE.)
SUBJ:
DATE:
,1ULY 28, 1989
THE EMERGENCY GENERATOR AT THE MASTER LIFT STATION IS INOPER-
ABLE AT THIS WRITING. WE HAVE HAD NUMEROUS SERVICE PEOPLE
ATTEMPT TO MAKE REPAIRS TO THIS UNIT AND IT IS TILL DOWN. WE
HAVE TRIED TO MAKE REPAIRS WITH OUR OWN STAFF BUT DUE TO THE
UNIT BEING OBSOLETE. WE ARE UNABLE TO ACQUIRE NECESSARY PARTS
THAT ARE NEEDED TO MAKE IT OPERATIONAL. SHOULD WE EXPERIENCE
A HURRICANE OR LOSS OF POWER, WE COULD EXPECT FLOODING CON-
DITIONS (SEWEAGE).
WE HAVE CONTACTED NUMEROUS SUPPLY HOUSES AND ASKED THEM TO
PREPARE A QUOTE ON REPLACEMENT OF SAME, AND WE RECEIVED THREE
REPLYS. THEY ARE AS FOLLOWS:
DEVINE ENGINE & GENERATOR = $33,860.00
MARINE ENGINE & EQUIPMENT = $36,560.00
FLORIDA DIESEL & MARINE = $37,267.00
CAREFUL EXAMINATION OF THE PROPOSALS INDICATES THAT THE BEST
AND MOST COST EFFECTIVE UNIT IS THE DEVINE PROPOSAL. OUR RE-
COMMENDATION IS THIS UNIT. THE UNIT IS POWERED BY A DETROIT
DIESEL 6V-92TA ENGINE WITH A KOHLER 250KW, 480 VOLT GENERA-
OR.
SHOULD YOU REQUIRE MORE INDEPTH DETAIL REGARDING THESE PRO-
POSALS', WE WILL BE HAPPY TO MEET WITH YOU AT YOUR DISCRETION.
A. HAL FAULKNER
cc:
WILLIAM H. GREENWOOD /'
MIKE OFFIE
MILT WILLINGHAM
LARRY MARTIN
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DEVINE ENGIIIE 8c GENERATOR, INC.
1387 North Killian Drive .6
Lake Park, Florida 33403
(407) 845-'1383
PROPOSAL SUBMITTED TO:
NAME:City o~ Oelray
STREET:I00 N.W. 1st Avenue
CITY:Delray Beach
STATE:Florida
PEF:SON TO CONTACT: t'!tl tg!1m.______.
We hereby submit specl~icatl:)rlS
PHONE: 243-7307
,JLiE< NAME,Delray
STF:EET:
CITY,
SHirE:
DinE: 06/21/8'1
Pump Station
and estimates ~or~
Sale and installation ror (I) Kohler 250KW, 480 volt,
3 phase generator set with accessories as ~ollows:
Critical exhaust, battery cables, ~lexible ~el lines,
block heater, main line circuit breaker, vibration isolators,
~ield sa~eguard breaker, double wall 400 gal. ~uel tank with
leak detectors, and remote stop switch. Full (1) year Marranty
on parts and labor. Price breakdown as ~ollows:
Base cost generator and accessories
Exhaust wrap installed
Generator installation wlelectrical hookup
$2'1,765.00
1,100.00
2,995.00
We~ Devine Engine & Generator"q Inc., hereby pr-opose to furnis~l
labor" and materials complete i,n accordance with the above
speci'fications, i'm' the :sum 0'1' !_..g3.B9Q..... with pa.yment to be mad",
a"follow's: 50';L.!Jpgn Ag;!!..Qta_'lt;~... Net Upon Delivery.
All material is guaranteed to be as speci~iedu All work to be
done in a workmanli~~e manner according to standard practices.
Any alteration or deviation ~rDm above speci~ications irlvolvlng
extra costs, will be e>:ecuted only Llpon written orders~ and will
become an extra charge over and ab(Jve the estimate. All
agr-eements contingent upon strikes, accidents or delays beyond
our contt"ol.
This ptRQPosa,l subject t.D ,::~cceptance within ,3Q days and is void
therea~ter at the option o~ the lAndersigrled.
Authorized Signa'lure
ACCEPTANCE OF PROPOSAL
The above prices, speci~ications and conditions are hereby
accepted. You are authorized to do the work as specified.
Payment will be made as IJutlined above.
ACCEPTED:
Signature:
Date:
Signature:
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~,___;s_ ~ "P'--"'_'~'_'~"_'__'__'_.______'''''__'____'...., '_"_"',_ .... .~.,
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ALPHAMAT D -HIGH TEMPERATURE-FLEXIBLE INSULATION
ALPHAMAT D is manufactured to conform with the requirements of
military specification MIL-I-164ll Type II and Coast Guard
specification for incombustible materials '164.009 and .
MIL-I-24244.
ALPHAMAT D is a 100% fiber glass mat which is an effective low
cost replacement for asbestos mats, millboard; ceramic or
refractory fiber paper, mat and sheets; and mineral fiber
boards. It is composed of 100% "E" type glass fibers which
are put into web form and mechanically needled together
without chemical binders.
.
ALPHAMAT D is used as a thermal insulation and gasket material in
home and industrial furnaces, package boilers and for special
piping applications where heat resistance, flexibility and low
special air and liquid chemical and thermal resistance are
mandatory.
PHYSICAL PROPERTIES
Service Temperature
Fire Resistance
Weight (approximate) 1"
Weight (approximate) 162"
Loss in weight at 1200 F
Moisture absorption
Density (approximate)
o
up to 1200 F
Incombustible
15 oz./sq.ft.
6 oz./sq.ft.
Up to 2%
Negligible '
9 Lbs/cu.ft.
THERMAL CONDUCTIVITY
("I(" Value at
9.1 Lbs./Cubic Foot)
o
"1(" BTU/lnch/Hr./Sq.Ft./ F
0.40
0.50
0.65
Mean Temperatures
300~F
5000F
700 F
.
Data sheet .12676
Date: May 1, 1986
(, -'
Specializing in marine, aerospace, industrial and commercial fabrics for insulation material..
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July 27, 1989
MEMORANDUM
TO: ROBERT BARCINSKI, ACTING CITY MANAGER
FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
o
THRU: FRANK R. SPENCE, DIRECTOR, DEVELOPMENT SERVICES"~
RE: REQUEST FOR APPROVAL/NUISANCE ABATEMENT BIDS
BACKGROUND:
Section 13-20 - Nuisance abate bid procedure requires that the
City obtain competitive bids at intervals no less than yearly for
hourly rate for services entailed in carrying out the abatement
of nuisances under this article. All responsive low bids are
informed of the low bid price and are placed on a list for use in
nuisance abatement. This request for nuisance abatement bid
award is submitted in compliance with this established procedure.
RECOMMENDATION:
Staff is recommending that the City Commission approve the award
of bid #89-48 for Nuisance Abatement jobs to two vendors, each of
whom has met Purchasing Department requirements per the attached
detailed bid list. Detailed compliance to procedures established
is attached for the Commission's reference. All activities
processed under this bid will be charged to Revenue Accounts
Numbers 001-0000-115.26 and 001-0000-115.27. The anticipated
annual expenditure is approximately $60,000 to $70,000.
B:NIUABT.RAB/LDR1
3~1S
MAYOR AND Cu1\'llvlISSION COMMUNICAJ.'IuN
NO.
DATE:
To: Honorable Mayor and City Commission
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Recently, the Purchasing Division completed the bidding out and evaluation of
received bids for Nuisance Abatement jobs for Code Enforcement. We are
requesting that the commission approve the award of bid 89-48 for Nuisance
Abatement jobs to two vendors, each of whom has met Purchasing Department
requirements. Details are noted below:
Subject: BIDS FOR NUISANCE ABATEMENT JOBS
,
10
Successful Vendors
2.
Prices
1. Walcott and Sons
2. Coastal Construction Services
Each of the vendors has agreed to the following prices:
Category
~
1. Vacant lots
10
2.
Up to 3,375 sq. ft.
Over 3,375 up to
6,750 sq. ft.
Over 6,750 up to
13,500 sq. ft.
Over 13,500 sq. ft.
$20.00
$30.00
$40.00
$1.30/1000 sq. ft.
3.
4.
II. Lots With Buildings
10
2.
Up to 3,375 sq. ft.
Over 3,375 up to
6,750 sq. ft.
Over 6,750 sq. ft.
up to 13,500 sq. ft.
Over 13,500 sq. ft.
$25.00
$35.00
$45.00
$1.35/1000 sq. ft.
3.
4.
III. Trash Removal
10
Per Man Hour
$12.00
IV. Overgrowth & Undergrowth
ISSUED BY:
10
Per Man Hour
$12.00
Disposition bV Commission:
o Approved
o Other (Describe)
Processed By
. Walter O.
Barry
CITY MANAGER
CM361
Richard Bauer
Da'e 6/19/89
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PAGE TWO
3. Anticipated Annual Expenditures
Approximately $60,000 - $70,000.
4. City of Delray Beach Code of Ordinance Section
Sec. 13-20 - Nuisance abatement bid procedure.
,
The city shall obtain competitive bids at intervals no less than
yearly for an hourly rate for services entailed in carrying out the
abatement of nuisances under this article. The successful bidders
shall be required to provide such insurance and bonding as the city
deems advisable. The Code Enforcement Division shall notify all
bidders of the price of the lowest bid and those bidders who agree
to perform services at the low bid price shall be placed on a list
for use in nuisance abatement.
The Code Enforcement Division shall prepare an estimate of the
number of hours needed to abate each nuisance. If the person or
company abating the nuisance exceeds the estimate by more than
fifteen percent (15%), the code enforcement officer shall
investigate to determine if the additional hours are justified, and
shall make a report of his/her findings to the building official.
The building official shall negotiate any discrepancies in billing
with the contractor. If the matter can not be resolved, it shall be
referred to the city manager or to the assistant city manger who
shall be the final arbiter of the billing dispute. A copy of this
section shall be attached to the bid documents so that all bidders
are advised that billing disputes will be resolved in this manner.
(Ord. No. 10-86. Statute 5, 2-11-86.)
5. General
Jobs will be assigned to the two successful bidders on a rotating
basis.
Code Enforcement expressly reserves the right to solicit competitive bids
from any vendor, including those not listed above, on any job(s) which the
Division determines may require additional expertise or specialized
equipment to handle.
RB:mh
.
MEMORANDUM
TO:
Robert A. Barcinski
Acting City Manager
FROM:
William H. Greenwood
Director of Public Utilities
SUBJECT:
Documentation - City Commission Meeting - AUGUST
8, 1989 - WASTEWATER PUMP STATION TELEMETRY SYSTEM
POST, BUCKLEY, SCHUH AND JERNIGAN, INC.
AUTHORIZATION NO #8.
DATE:
July 31, 1989
Action
Request City Commission approve Authorization NO. 8 with Post,
Buckley, Schuh and Jernigan, Inc. for professional services on
the Public Utilities Proposed Wastewater Pump Station Telemetry
System.
Background
Post, Buckley, Schuh & Jernigan, Inc. performed a report titled
"City of Delray Beach, Wastewater Lift Station Telemetry Report",
dated July 27, 1989. Report was prepared under Authorization No.
6. Their report states "...we recommend that the City of Delray
Beach proceed forward with implementing a remote telemetry system
program with initial phase being approximately 30 stations. In
addition, we recommend that the City of Delray Beach continue to
utilize its staff for operation and maintenance of its wastewater
lift stations".
Post, Buckley,
design phase,
phase services
Schuh & Jernigan, Inc. will prepare
bidding phase, construction phase
necessary for the project.
all
and
necessary
start-up
Current FY88/89 budget allocated $120,000 in account number
441-9111-581-90.41 Project Reserves. We have requested a Depar~_
mental Budget Transfer to a new account number 441-5141-536-6..~
on July 26, 1989.
Attached is a copy of PBS&J report and a copy of the required
Departmental Budget Transfer Form.
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Recommendation
Staff recommends approval of
Inc. Authorization No.
#44l-5141-536-60.XX.
Post, Buckley, Schuh and
8; funding source
Jernigan,
will be
i2, CJ
.1tk41 -~ a-.-':;"-'<-'
William H. Greenwood
WHG:smw
ATTS:
cc: Yvonne Kincaide, Budget Director
Dave Huddleston, Finance Director
Larry Martin, Deputy Director of Public Utilities
Hal Faulkner, Superintendent of Wastewater Collection
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AUTHORIZATION NO. *8 TO AGREEMENT
Entered Into and Between
CITY OF DEL RAY BEACH, FLORIDA
100 N. W. 1st Avenue
Delray Beach, Florida, 33444
Da ted February 1, 1989
And
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
5300 West Cypress Street, Suite 300
Tampa, Florida 33607
WASTEWATER PUMP STATION TELEMETRY SYSTEM
Post, Buckley, Schuh & Jernigan, Inc. (ENGINEER) shall provide
professional engineering services, as hereinafter described, to the City
of Delray Beach (CITY) for a telemetry system for alarms and status
Involving 30 wastewater pump stations.
1.0 SCOPE OF SERVICES
1.1 DESIGN PHASE
a. Prepare construction plans and technical specifications for the
addition of a remote telemetry unit (RTU) and antenna, if
appropriate, to each of 30 pumping stations and one master
telemetry unit (mtu) at a central site.
b. Determine the requirements for installation of the RTU at each
station from field Investigation, review of as-built and
available shop drawing data and coordination with CITY's staff.
c. Prepare one comon specification to apply to all 30
installations, and produce drawings for each individual
Installation, as required.
d. The telemetry alarm system Is to be bid in one construction
contract set of plans and specifications.
e. Prepare an application for a construction permit for the work
from FDER, and assist the City in applying and preparing "
application for FCC license necessary to operate RTU system.
The application of the FCC license will be included In
construction documents as a contractor responSibility.
f. Provide ten sets of plans and technical specifications for
review by CITY and for permit application.
1.2 BID PHASE
Issue Plans and specifications to prospective
agrees the ENGINEER may charge prospective
refundable payments to cover the printing
documents) .
b. Assist the CITY in securing bids.
a.
bi dders (C ITY
bi dders non-
cost of the
c. Tabulate and analyze bid results, and make recomendatlons to
CITY on the award of construction contracts.
1.3 CONSTRUCTION PHASE
Limited site visits to observe the construction of the work designed
hereunder at Intervals appropriate to the progress of the project as In
accordance with accepted engineering standards (but not including full-
time resident observation) to include the following:
a. Review shop drawings supplied by the Contractor to CITY.
I
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tm:EnvCont6:RR/l
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B. PBS&J, through its subconsul tant Ms. Dorothy Mckenna, A. 1. A. ,
will prepare two alternatives for the architectural enhancement
of the facility. These concepts will include a statement of
probable construction cost.
2.3 ELECTRICAL SYSTEM REHABILITATION
A. Based on the plan developed in Task 2.2 and the current
maintenance problems, plans and specifications will be prepared
to rehabilitate the facility's electrical system including the
relocation of the appropriate equipment to a new control room.
This Task will also include consideration of the conversion of
the motors to 4BO volts and design of a new motor control
center. Also, FP&L will be contacted to request the upgrading
of their service to the faCility including replacement of the
existing transformers. A new control system will be provided
for automatic operation of the faCility. PBS&J will also
provide plans and specifications for a new emergency power
generator with fuel tank.
2.4 PUMP STATION TELEMETRY
A. PBS&J will prepare plans and speCifications for the
installation of a telemetry system. The system will be
controlled from the main water plant and will provide for ON,
OFF, and AUTO operation of the remote tank and station. The
telemetry system will control the pumps and provide status
indication of the altitude valve, emergency power, and other
indicators such as tank level, flow rate, system pressure and
appropriate alarms, e.g., intruder alert and chlorine leaks.
This telemetry system will be added to the lift station
telemetry system project. If it becomes a separate project,
then extra services will be required.
2.5 PUMPING SYSTEM REHABILITATION
B. PBS&J will prepare plans and specifications for the master plan
short range pumping system modifications as determined in
Task 2.2.
3.0 CITY'S RESPONSIBILITIES
A. Provide access to all sites, as required.
B. PrOVide timely review and approval of submittals by ENGINEER.
C. Pay all permit application fees.
D. Provide all available data, details, drawings and other
information relating to the North Water Plans to be modified
under this program.
E. The City will dewater the north tank and will provide
ventilation, self-contained breathing equipment, lighting, and
any other r'! lated items requ i red to fac il itate the i nspec t i on
of the tank.
F. All construction phase and bid phase services relating to
products of Task 2.1, 2.3, 2.4, 2.5 should the City deSire
PBS&J to conduct any or all of these services, they would be
included in an additional authorization.
,
..-
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4.0 COMPENSATION
Compensation for engineering services shall be based upon the AGREEMENT
entered into and between the CITY and ENGINEER on June 10, 1985 for
Additional Services and latest AMENDMENT February I, 1989.
2.1 TANK INSPECTION, CLEANING AND REHABILITATION
SPECIFICATIONS
2.2 FACILITY MASTER PLAN AND ARCHITECTURAL CONCEPT
2.3 ELECTRICAL SYSTEM REHABILITATION
2.4 PUMP STATION TELEMETRY
2.5 PUMPING FEED SYSTEM REHABILITATION
TOTAL
4.1 TIME OF SERVICE
$ 5,777
5,723
28,006
5,073
9,778
$54,357
The tank inspection will be conducted as soon as the City can take the
facility out of service and make appropriate arrangements. The report
will be issued within 7 calendar days after completion of the
inspection. The master plan will be submitted within 14 calendar days
after completion of the tank inspection. Task 2.3, 2.4, and 2.5 will be
completed within 90 calendar days after receipt of the notice to proceed
for the respective Task. The time of completion assumes a maximum
cumulative review of 7 calendar days for the CITY to review the design
documents at the 50 and 95 percent stage for each Task 2.3, 2.4, and
2.5.
IN WITNESS WHEREOF, the parties have accepted, made and executed this
AMENDMENT to AGREEMENT upon terms and conditions above stated on this
day of , 1989.
For the ENGINEER:
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
For the CITY:
CITY OF DELRAY BEACH
By:
By:
Doak S. Campbell, III
Mayor
Attest:
Attested:
Approved as to Form
City Attorney
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[ITY DF DElRAY BEA[H
..:. ,~ ,'-I "- '_ : ...: I:....;:' 3";..1...1.4.
c< ..'l,j ~C'~(:
MEMORANDUM
TO:
Robert A. Barcinski, Acting City Manager~
John W. Elliott, Jr., Assistant City Manager/
Management Services
FROM:
DATE:
August 2, 1989
SUBJECT:
DOCUMENTATION - COMMISSION MEETING _
AUGUST 8, 1989 - APPROVAL AND AWARD OF CONTRACT _
FLEX PLAN/AMERICAN GENERAL GROUP SERVICES CORPORATION
Item Before City Commission:
The City Commission is requested to approve and to award a contract to
American General Group Services for the 125 Flex Benefit Plan with funds to
come from account #551-1575-591-34.56 (Actuarial Services), in the amount
of $3,000.
Backl';round:
The 125 Flex Plan will allow employees to pay for certain defined benefits
with before tax dollars, thus allowing a discounting of actual premiums
paid because they pay no income tax on the benefits. The dependent health
insurance premium is one of the two products offered under the Flex Plan.
At a later date, other eligible expenses might be considered for inclusion
in the Flex Plan.
The City benefits as an employer by paying less in Social Security contri-
butions in the gross payroll, and also saves on workers' compensation
premiums because of the non-inclusion of that portion of the payroll
affected by the Flex Benefits, (backup and contract attached).
Recommendation:
Staff recommends Commission award a contract to American General Group
Services, for the 125 Flex Benefit Plan, with funds to come from account
#551-1575-591-34.56 (Actuarial Services), in the amount of $3,000.
JWE:sk
attachment
cc: Lee Graham
Marty Ritchason
Herb Thiele
Ted Glas
34b
Tc.,-, Ecc:c~ .c..c',c." M.l,T'ERS
[ITY DF DELRAY BEA[H
100 N.W. 1st AVENUE
DELAAY BEACH, FLORIDA 33444
KI!MORANDUH
Date:
July 13, 1989
To:
The City Commission
The Selection Committee for Flex and Dental Plans~~
Subject: Suggested Workshop Topics: Section 125 Flexible Benefit
Program and Dependent Medical Pr_iUIIIS.
From:
The Selection Committee consisting of the Assistant City Manag-
er/Management Services Group, Finance Director, Personnel/Labor Rela-
tions Director, Purchasing Director, Budget Director, Assistant City
Attorney, Information Resource Management Director and the Risk Manage-
ment Director, has voted to accept the independent evaluation and
recommendation of the City's Insurance Management Consultant Firm, Siver
Insurance Management Consultants. Siver has reviewed submitted propos-
als and made a selection based on lowest costs and other considerations.
The recommendation is to select American General Group Services Corpo-
ration to administer and coordinate a Section 125 Flexible Benefit
Program which will benefit both the City as employer and the employees
who select to be included in the program.
Basically, the Flex Plan will allow employees to pay for certain defined
benefits with before-tax dollars, thus allowing a discounting of actual
premium paid because they pay no income tax on the benefits. It is
recommended that dependent health insurance premiums and group dental
plan premiums should be the two eligible expenses available under the
Flex Plan initially for the sake of simplicity. At a later date, other
eligible expenses might be considered for inclusion in the Flex Plan.
The City benefits as an employer by paying less in Social Security
Contributions on the gross payroll, and also saves on workers' compen-
sation premiums because of the non-inclusion of that portion of the
payroll affected by the Flex Benefits.
An opportune time for installing the Flex Plan would be October 1, 1989,
when the Group Health Plan dependent coverage will increase from the
present $102.00 per month to $130.00 per mQnth for a dependent unit
which consists of an employee's spouse and all eligible children. The
Flex Plan would lighten the effect of the premium increase by allowing
the payment from before-tax dollars. .
THE EFFORf ALWAYS MATTERS
407/243.7000
J
Re: Suggested Work8hop Topics
July 13, 1989
Page 2
The dependent rate has not been increased since 1986 and must be raised
because of increased claims costs. Even at the new rate of $130.00 per
month, the City will be charging less than nearby cities in our area
charge. A recent survey is attached to this memorandum for comparison.
JWE/LRG/MR/DMH/SAR/TG/YK/RZ/mca
SURVEY OF GROUP HEALTH PLANS
.
EMPLOYEE CONTRIBUTION FOR DEPENDENT COVERAGE
February 1, 1989
Single
Cost per
Emp.
Dependent Charge
Per Month
Delray Beach
$102.00
$153.76
$ 74.60
Lake Worth
$ 89.37
Deerfield Beach
$166.00
$102.00
$133.83
$120.50
$ 98.57
Boynton Beach
Three plans -- Blue Cross Indemnity
PPO Blue Cross
HMO
$209.72
$154.54
$153.77
Boca Raton
$260.44
$177 . 00
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JU. 20 '89 11' 13 AGGIe 2148248515
~.
P.1/6 .
..... PRlORIlY - PLEASE RUSH .....
FLEX FAX
TRANSMITTAL
Please contact the following person when this transmission is
received:
Lee Graham
Risk Management
City of Delray Beach
214-7150
Total number of pages including transmittal: J
American General Telefax Number: (214) 824-8515
Questions regarding this transmission should be directed to:
Larry Garrett at 1-800-950-FLEX (1-800-950-3539).
"-
U~~~(G~aIlfIEIC
JUl2089
RISK "/,GMT
'A:~N
CITY RTTORNEY'S OFFICE
TEL No.
407 278 4- ~ Rug 03,89 8:20 P.02
CONSULTINQ SERVICE' AGREEMENT
For Flexible Benefit Plan Servioe.
Thi. Aqreamant made at Palm Beach County, FlQrida eftective
the day of ,
between
(herein reterred to .. Plan Sponsor)- and AMERICAN GENERAL GaOup SIRVIC!I
CORPORATION, a Florida domici~ed corporation (herein referred to a. the
COn.ultant), i. for the purpose ot ..t.~lishin9 the riqht., dutie. an4
Obligation. of the variou. p~rties involved with the admini.tration
of .
(herdn reterred to ii. the p1e.r1j."ilnd providinc;r me.n. by Which the Plan
partioipant. may ..oure benetite tor them.elve. or their eliqible
d.pendent. in oonjunction with the cateteria plan otter.d by the plan
.pon.or. ,
nCTION I
CYT.ES OF THE CONSULTANT
(1) The OOn.ultant will exerei.. due dilig.no. in assistinq the Plan
Spon.or in the implementation and administr.tion of the Plan .nd
p.rtioularly in the perform.nce of the duties .. .pe01fied herein.
(2) The ConSUltant will ...iat the ,lan Sponsor w1th the plan
4..i9", training ot blnetits et.tt, employee oommunioation., and
di.orimin.tion t..tin9. Th. Conlultant will provide tour hour. ot on.ite
pl.n 4e.iqn .nd implementation planninq, tour hour. of onaita traininc;r of
benetit. It.ft, a .pecimen ~ployee announoement l.tter, a .pecimen plan
dooument, a .pecim.n plan adoption agreem.nt, participation w.iver torma,
an4 di.crimi~.tion te.ting guideline..
(3) Under the .uperviaion ot the Plan Spon.or an~ to the extent of
it. oapability, the ConSUltant will prov1de guidance in preparinq and
t111n9 any report, return., tax return. or similar paper. required br .ny
.tat. or rederal Covernment, or POl1tical .ubdivi.lon or in.trumenta ity
of any ot them, pert.inin9 to the oper.tion, management or admini.tration
of the Plan.
(4) Th. Con.ultant will pay fro~ it. t.. all the n.o....ry and
ordinary expen... rel.ted to the .erv1o~. de.crib.d herein, except ..
Otherwi.. apecifically provided by this A9r.ernent. However, it i.
specifioally egreed and intended between the partie. that the oon.ultinq
exp.n.e. are only tho.e nec..sary and attendant to the ..rvice. described
her. in 'nd do not includ. administration expen..., olaim pay..nta,
inv..tm.nt tee., b.nk tee., attorney f.e., or inat.ll.tion coat..
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CITY ATTORNEY'S OFFICE
TEL No.
407 278 47eS Aug 03,89 8:21 P.03
(') Tha Con.ultant ha. no POWa~ or authoritr eo altar, modity or
waive any tarm. or condition. ot the Plan, to wa ve any breach ot any
.uOh term. or oondition., to bind the ~l.n or to waive any or the Plan'a
right. by making any .tatamant or by receivin; at any tima any notioe or
information.
(e) Neither the Conlultant nor the ~lan Sponlor haa any power or
authority to Ict tor or On b.halt ot tha other exoapt a. hareln expr'.lly
vranted and no other or qre.tar POWar or authority i. intanded to be
impliad by any grant ot power or authority speoifioally mentioned h.r.in.
(7) ~he Conaultant will hold and po..... a. tha Property ot tha Plan
all paper.,.book., tila., oorra.POndenea and reCOrd. Of all kind. whioh
at any time com. into it. pO.....ion or undar it. oontrol ralating to the
'.rvioaa performed by tha Consultant tor the Plan under thi. Agraament
and will SUrrend.r them to the Pl~n upon termination ot this Aqreement or
upon p~1or reiUe.t.
SECTION tt
CONSULTING FEES
(.) ~ha ConSUltant ia .ntitle~ to a la. tor .ervioes provided lor
under this aqre.mant. A ba.e rae of $3,000 will b. paid lor the .arvic..
deloribad in Seotion I (2). One halt ot the ba.. tee i. payable upon
ax.eution of this Agr.ement and on. halt i. payable on. menth atter the
'lan elteotiv. date.
(2) Additional tees are payable it additional a.rvioe. are
requa.tad, aocording to the tOllowing uohadule:
I.nicr Consultant
Graphic. Oe.19n
Communioation SpeCialist
TeOhnical Writers
Printing/production
SiS.OO per hour _
$75.00 par hour
$50.00 par hour *
f35.00 per hour
Co.t + la'
· - Plua reasonable travel and eXpen.a.
(~) Th. hourlr rate. .tatad above are .Ubjeot to an aight (8) hour
minimum it trav.I I requirad.
(4) %t t... are not paid within tan (10) day. atter the Plan
Spenlor'a receipt or the COn,ultant'a .tat.ment then, at the ConlultantlB
option, this Aqr..ment will t.rminate.
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CITY ATTORNEY'S OFFICE
TEL No.
407 278 4-
Aug 03.89 8:21 P.04
SECTION IV
DUtIES OF THE PLAN SPONSOR
(1) The Plan .pon.or will perform all implementation and
adminiltrative tunctions neces.ary for the SUcce..ful operation ot the
Plan except as desoribed herein,
SIlCTION V
TERM AlofD '1'j,;RlUNATICN OF 'I'HIS AGREEMEN'1'
(1) The initial term of this ConSUlting Agreement will commenoe
on
and end on
'l'hereatter, tll1. Agreement may be terminated by e~ther the Plan Sponsor
or the Consultant by having written notice ot intentlon to terminate
c1.l1v.~ld or given to the other party, to be ettective ae ot . date alt
torth in the written notioe not le., than ninety (10) daya atter the date
ot suoh notice. All duties of the Consultant to thl Plan Sponsor, the
Plan or partigipants in the Plan will terminate and be extinguiShed on
the ettective date ot termination given in the notice.
1a) Upon notice ot termination by either party, the conlultant,
~ith n lixty (eo) daye atter the date ot termination, will deliver to the
11an Spon.or, at the expense ot the Plan Sponsor, all tile., reports and
other >>apers d..ling with the Plan, and all other bOoks and reoord. ot
the ot the Plan.
SECTION VI
MIB~!LLANEOUS P~OVI.IONS
(1) The ConSUltant aqrees to detend, save and ho14 the Plan or Plan
Sponsor harml..s from any and all Claims, suits, intei.at and expense.,
inCludinq raasonabl. attorney t.es, the Plan or Plan Spon.or may sustain
or incur in oonaequence at any liability oocaaioned by tha ConSUltant's
grose nl;li;enoe or misraasance in connec~10n with the Consultantts
..rviee, undar this Aqre.ment. The Coneultant will give prompt notic.,
in writing, to the Plan Sponsor 0: any and all claims or .uits aqainat
the Consultant whioh relate in any way to this Aqraamant or the Plan.
(2) Where the oontext 0: this Agreement requires, the .ingular
includ.. the plural and the masculine ;.nder inolude. the teminine
qander.
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CITY RTTORNEY'S OFFICE
TEL No.
407 278 4~~~ Rug 03,89 8:22 P.OS
(3) Thi. A9r.ement may be amended ~t any ti=. by mutual con.ent ot
the parti$..
(4) F.il~re bY the plan Sponsor or Con.ultant to 1n.l.t upon
compliance with any provi.ion of thi. Aqreement at any 9iven time or
under any qivan .at ot circum.tanoes will not oparata to waive or modifY
that provision or 1n any manner render it unantoroeable a. to any other
tima or as to any other oocurrence, whather the circum.tanca. ara or ara
not tha a.ma and no waivar ot any ot the terms or condition. ot this
Aqraament i. valid or ot any torea or ettact unla.. oontained in a
writtan memorandum apaoifioally axpr...inq that wa1ver and .19ned by a
per. on duly authori.ed to .iqn .uch waiver.
(5) Any a..iqnment ot thi. Aqr.emant or ot any riqht. hareunder il
void and ot no force or'ettact, but tha coneultant may su~oontract or
daleqat. any ot it. dutl.. or function. with writt.n approval by the Plan
'pon.or, whioh approval ~.Y not unrea.onably be withheld.
(6) It requelted by the Plan Sponsor, the consultant Will m.~e
av.il.~l. to the Plan Spanlor or it. attorney all Of its ~ooka, reoorda
and dooument. relevant to the datens. ot any olaim or auit against the
Plan Sponsor, the Plan or the Consultant and will consult with tn.
attorn.y tor the plan or the Plan SponGor as to the payment, compromi..,
lltiqation or appaal ot any such claim or luit.
(7) Th. rights and ob11qationa ot the Plan Spon.or and Consultant
under this Agreament are qovernea by tha Law ot the Stat. ot Florida with
venue in Palm Beach County, Floriaa.
Att..t,
phn sponGor
By:
Ita
AMERICAN GENERAL GROUP SIRVIC!'
CORPORATION
/
Att..t.,
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Its,
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[ITY DF DElAAY BER[H
_ _ "--,_..I,J-1
, ,. . ~;l ,-
MEMORANDUM
TO:
Robert A. Barcinski, Acting City Manager
FROM:
John W. Elliott, Jr~~~nt City Manager/
Management Services ~ ~~ _
August 2, 1989
DATE:
SUBJECT:
DOCUMENTATION - COMMISSION MEETING - AUGUST 8, 1989 -
APPROVAL AND AWARD OF CONTRACT - CIGNA DENTAL PLAN
Item Before City Commission:
The City Commission is requested to approve
payroll deduction group dental insurance to,
da.
and to award a contract for a
Cigna Dental Health of Flori-
Background:
The Credit Union of Palm Beach will terminate its group dental plan as of
September 30, 1989. Since the majority of its participants are City
employees, the insurance company has agreed to continue the plan City-wide
at its current rates and under a contract between the City and CIGNA. The
premiums are paid for by the employee through payroll deductions, (backup
and contract attached).
Recommendation:
Staff recommends approval of the Cigna Dental Plan and Contract for a
period of one year, October 1, 1989 to September 30, 1990, at which time
the program will be re-evaluated.
JWE:sk
attachment
cc: Lee Graham
Marty Ritchason
Herb Thiele
Ted Glas
3i.fE
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t.
[ITY DF DELRAY BEA[H
100 N,W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
4071243-7000
KEHORANDllH
Date:
July 13, 1989
To:
The City Commission
The Selection Committee for Flex and Dental Plans ~
Subject: Suggested Workshop Topic: Dental Plan
From:
A group dental insurance plan previously administered by the Credit
Union of Palm Beach will terminate as of 09/31/89 because of the Credit
Union's decision to discontinue providing the plan. Since the majority
of the plan participants are employees of the City of Delray Beach, the
insurance company was contacted to see if the' plan could be continued
and administered by the City. CIGNA, the insurer, agreed to allow the
City to take over the program at the same rates currently being charged,
and guaranteed that benefits and rates would remain the same through the
new program year 10/01/89-09/30/90. The monthly rates are as follows:
Single
$14.80
$25.58
$36.37
$41. 38
Single + 1
Single + 2
Single + 3 or more
The premiums are paid for by employee/dependents through payroll
deductions. There are currently 166 employee participants in the plan
whose coverage can be continued uninterrupted. Additionally, the plan
can be extended to all other City employees who select coverage at their
own expense through payroll deductions. Monthly premium deductions
could begin starting September 1st in order to be prepaid one month in
advance.
The Selection Committee recommends approval for the implementation of
this program.
JWE/LRG/MR/DMH/SAR/TG/YK/RZ/mca
THE EFF(;ST A!_'i:A-ro, IV1,HTER,,~
Form 0010
f
CIGNA DENTAL HEALTH OF FWRIDA, INC.
AND
Group Contr..ct
TABLE OF CONTENTS
P..ge
1. Definitions.......................... 0010/1
2. Term of Contr..ct....... .............. 0010/2
3. Eligibility; Effective D..te.... ...... 0010/2
4. Rates................................ 0010/2
5. Group Contributions............ ...... 0010/3
6. Covered Services..................... 0010/3
7. Exclusions........................... 0010/3
8. Limit..tions.......................... 0010/4
9. HoSpit..liz..tion......... .'............ 0010/4
10. Ch..rges for Broken Appointments...... 0010/4
11. F..cilities........................... 0010/4
12. Referr..ls......... ............. ...... 0010;5
13. Responsibility for Service. ...... .... 0010/5
14. Administr..tion....................... 0010/5
15. Notice............................... 0010/6
16. Grievance Procedure.. ............. '" 0010;6
17. Termin..tion.......................... 0010/7
18. Extension of Benefits .......... ..... 0010/8
19. Continu..tion of Benefits...... ... .... 0010/8
20. Conversions....... ...... '" .......... 0010/8
21. Renew..l.............................. 0010/9
22. Assignment........................... 0010/9
23. Amendment............................ 0010/9
24. Entire Contr..cr:-...................... 0010;9
25. Governing Lew......... .......... ..... 0010/10
i
)
1 . DEFINITIONS
Capiealized eerms in ehis conerace (ehe "Conerace"), unless otherwise
defined, shdl have ehe meanings see foreh below.
CDH . CIGNA Deneal Healeh of Florida, Inc.
Covered Persons. Subscribers and eheir enrolled Dependenes.
Deneal Plan - Prepaid deneal care services eo be provided pursuane eo this
Con erac e .
Dependent. Spouse; unmarried son/daugheer, or seepson/seepdaugheer of a
Subscriber, or member of ehe Subscriber's household resuleing from a court
order or placemene by an adminiseraeive agency, who is enrolled in the
Dental Plan and who is (a) less than nineeeen (19) years old; or (b) less
thlUl tweney-three (23) years old if he or she is a full-eime student at an
accredieed educaeional inseieueion; or (c) of any age if he or she is and
coneinues eo be boeh: (1) incapable of self-suseaining employmene due to
meneal or physical incapaciey; and (2) chiefly reliane upon ehe Subscriber
for maintenance and suppore. For a Dependene who falls ineo category (b) or
(c) hereeo, evidence of his or her reliance on ehe Subscriber shall be
furnished eo CDH in ehe form CDH requeses wiehin ehirey-one (31) days after
said Dependene aeeains ehe age of nineeeen (19) and, ehereafeer, noe IlIOre
frequenely ehan annually.
Faciliey . Office of Provider or group of Providers where prepaid deneal
services are rendered eo Covered Persons. in accordance with the terms of
this Conerace.
Family - Subscriber and one or more enrolled Dependents.
Group - Employer. labor union or other organizaeion ehat executes ehis
Coneract.
Paeiene Charge Schedule. Aeeached lise of covered benefies and charges.
Patiene Charges . Paymenes made by Covered Persons direcely eo a Provider or
Specialise for cereain deneal procedures. as see foreh in ehe appropriate
Patient Charge Schedule.
Prepaymene Fee - Raees ehae ehe Group muse remie eo CDH for Covered Persons
each calendar moneh during ehe term of ehis Con erac e .
Provider. Deneise who has executed a contrace wieh CDH under which he or
she agrees eo provide prepaid deneal care services to Covered Persons for a
monehly capieaeion fee and applicable Paeiene Charges.
Specialise - Deneise who has execueed a conerace wieh CDH under which he or
she agrees eo provide specialized deneal care services eo Covered Persons
upon CDH's requese ae an eseablished range of raees.
Subscriber - Eligible employee or member of ehe Group who is enrolled in the
Deneal Plan and who has paid all applicable Prepaymene Fees. if any.
. 0010/1 .
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2. TERJ1 OF CONTRACT
The cerm of chis Concracc shall begin on , 198_, which shall be
che effeccive dace of coverage of che Group under che Dencal Plan (che "effecCive
Dace"). The original cerm of chis Concracc shall excend uncl1 che expiracion of
che inicial raCe guarancee, pursuanc co che cerms of Seccion 4 (che "Expiracion
Dace"); and che Concracc shall be aucomacically renewed on an annual basis
effeccive che day following che Expiracion Dace (che "Renewal Dacefl), unless
Cerminaced in accordance wich che provisions of Seccion 17 hereof.
3. EUGIBILITY; EFFECTIVE DATE
Presenc employees are eligible upon complecion of
of service wich che Group. Fucure employees will.be eligible
of monchs of service wich che Group.
monchs
upon complecion
Employees who sacisfy che eligibilicy requiremencs and who enroll prior Co
che Effeccive Dace of che Concracc will be covered on che Effeccive Dace of che
Concracc. Employees who become eligible afcer che Effeccive Dace of che
Concracc, and who complece an enrollmenc form wichin chircy (30) days of inicial
eligibilicy shall be covered on che firsc day of che monch following complecion
of such form.
Dependencs, as defined in Seccion 1, are eligible upon enrollmenc of
Subscriber, or wichin chircy (30) days of cheir accainmenc of eligibilicy due co
a change in scacus such as birch, marriage, ecc. If employees and/or cheir
Dependencs are noc enrolled within chircy (30) days of aCCainmenc of eligibilicy,
chey cannoc be enrolled uncil che nexc open enrollmenc period conducced for che
Group. Dependenc coverage may only be deleced during open enrollmenc periods
unless a change in scacus, such as divorce, has occurred. Dependencs who are
disenrolled due Co non-paymenc by Subscriber while sCill eligible may be required
Co submic proof of insurabilicy before re-enrollmenc.
4. RATES
Individual Subscriber
Individual Subscriber + One Dependenc
F 1U1I11 Y
l10nchlv
$
$
$
In consideracion of che services co be rendered or made available co che
Covered Persons by CDH, Che Prepaymenc Fee for che inicial monch of coverage
effeccive 1, 198 , is co be remicced by che Group co CDH on Che 15ch of
che monch preceding che monch of coverage, including a lisc of persons covered
under che Dencal Plan. On 15ch and che 15ch of each calendar monch
chereafcer for Che Cerm of chis Con crac c , CDH will send che Group an alphabecized
lisc of Subscribers and a bill for che nexC monch' s coverage. On or before che
20ch of each monch Chereafcer, che Group shall remic che Prepaymenc Fee Co CDH
wich an addicional lisc indicacing Covered Persons co be added co, or deleced
from che Dencal Plan, and any changes in cype of coverage for che nexc monch.
The Prepaymenc Fee race scruccure is guaranceed for _ (_) year(s) chrough
and IIISY be adJusCed chereafcer.
Notwichscanding any ocher provision in chis Seccion, alcernacive paymenc
mechanisms developed for che Group by ocher CDH affiliaces shall supersede che
Cerms of chis Seccion.
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5. GROUP CONTRIBUTIONS
The Group will contribute the following amounts to cover the rates set forth
in Section 4 hereof:
Individual Subscriber
Individual Subscriber + One Dependent
FlUlJily
Honthlv
$
$
$
The Subscribers shall pay the balance of the rates. if any, as set forth in
Section 4 thereof.
6. COVERED SERVICES
Services under the Dental Plan will be provided according to the attached
Patient Charge Schedule. Certain services are subject to a Patient Charge as
listed in the Schedule.
Patient Charges listed on the Patient Charge Schedule of the Dental Plan
will be reviewed and may be adjusted at the end of each calendar year. Patient
Charges shall then be guaranteed from the first of the succeeding year until the
end of that calendar year. CDH shall provide written notice to the Group of any
change in Patient Charges listed on the appropriate Patient Charge Schedule at
least thirty (30) days prior to such change.
CDH lIl8.y change the Dental Plan's covered services, effective as of any
Renewal Date (hereinafter defined) of this Contract, upon written notice sent to
the Group by certified mail, return receipt requested, at least forty-five (45)
days before that Renewal Date. Such a change will be made by lUlJendment, which
shall become a part of this Contract.
All contracts between CDH and the Providers state that under no
circumstances shall any Covered Person be liabie to any Provider for any sums
owed to the Provider by CDH, notwithstanding any delay by CDH in paying the
Provider any such sums. Covered Persons lIl8.y be liable to non-contracting
dentists for the cost of services in the event CDH is not obligated, for any
reason, to pay the non-contracting dentist.
7. EXCWSIONS
Services under the Dental Plan specifically do not cover any condition
caused by or resulting from:
(A) Injuries or contusions as to which benefits exist under worker's
compensation, occupational disease, or a similar law or act; nor
(B) Conditions as to which dental treatment (not including medical
assistance) is provided by a federal or state government agency or is
provided without cost to the Group or any Covered Person by any
political subdivision or governmental authority; nor
(C) Any injury or contusion arising out of any condition which is
intentionally self-inflicted; nor
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(D) Declared or undeclared war or act thereof; nor
(E) Service in the armed forces of any country or international authority;
nor
(F) Any condition as to which services, treatment, or supplies of any kind
are furnished or paid for under Title XVIII (Hedicare) of the Social
Security Act, as amended; nor
(G) Cosmetic dentistry or dental surgery performed without functional or
pathological need; nor
(H) Self-administered prescription drugs and the administration of a
general anesthesia (except when medically necessary and authorized by
the Covered Person's Provider and/or physician).
8. LIHITAIIONS
The services included in the Dental Plan are limited to the extent set forth
herein:
(A) X-RAYS - Complete mouth x-rays will be provided as necessary;
(B) ACCIDENT OR EHERGENCY . In the case of accident or emergency involving
acute pain or a condition requiring immediate treatment (but not
hospitalization) occurring more than fifty (50) miles from the
Subscriber's home or when the Covered Person is unable to reach his/her
designated CDH Facility, the Dental Plan covers the cost of all
necessary diagnostic and therapeutic dental procedures administered by
any general dentist up to a maximum of $50 for each accident or
emergency, upon submission to CDH of proof of payment by Covered
Person.
9. HOSPITALIZAIION
In the event that it is necessary for a Covered Person to be hospitalized.
the cost of hospitalization shall be borne by the Covered Person. The Dental
Plan covers treatment of the teeth, the gums (other than tumors) and other
associated structures included in the treatment of teeth while the Covered Person
is hospitalized, in accordance with the appropriate Patient Charge Schedule.
10. CHARGES FOR BRi)1CEN APPOINTHENTS
All Covered Persons shall pay the charge set forth in the Patient Charge
Schedule for each and every appointment broken with less than /:Wenty-four (24)
hours' notice to the Provider.
11. FACILITIES
Except as otherwise provided in Sections 8(B) and 12 hereof, all dental
services to be rendered to Covered Persons shall be performed by Providers under
contract with CDH at independently owned Facilities. These Facilities are
operated by individual Providers for the provision of ordinary and customary
. 0010/4 -
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dental treatment at locations convenient to the Subscriber.. Family members must
be treated at the same dental Facility. Transfers to participating CDH
Facilities for any reason can be arranged through the CDH administrative office
and will be effective On the first of the month following the request. There
will be no charge to the Subscriber for such transfers.
12. REFERRALS
When specialized dental care services are required by a Covered Person, a
CDH Provider must initiate the referral process. CDH shall review the specialty
referral request and authorize specialty treatment listed, according to the
appropriate Patient Charge Schedule. Covered Persons shall be liable for the
applicable Patient Charges, as indicated in the appropriate Patient Charge
Schedule, including any dental services rendered but not listed in the Patient
Charge Schedule for the Group.
In the event that a CDH participating Provider or Specialist is not
available, the CDH Professional Relations Department will arrange a visit to a
non-participating dentist or specialist. In all cases, the Covered Person shall
remain responsible only for Patient Charges, as listed in the appropriate Patient
Charge Schedule.
13. RESPONSIBILITY FOR SERVICE
CDH will procure dental services hereunder in accordance with recognized
standards of sound dental practice through contracts With Providers and
Specialists. CDH shall be the ultimate Judge of what professional services are
required and the dental procedures to be used and also the need for referral of
Covered Persons to a specialist or a general dentist. CDH shall not be obligated
to render any service other than through participating Providers or Specialists,
unless prior authorization has been granted by CDH.
14. ADHINISTRATION
(A) The Group will cooperate with CDH with respect to soliciting and
enrolling persons eligible to enroll hereunder and in obtaining
authorized payroll withholding from Subscribers, to the extent that the
applicable Prepayment Fee exceeds the Group's contribution on
Subscriber's behalf for the covered services.
(B) CDH shall receive copIes from the Group of all signed enrollment andlor
change forms and shall be permitted to inspect the Group's records for
information pertaining to eligibility, enrollment and payment of
Prepayment Fees hereunder, and shall be permitted to make copies
thereof at any reasonable time upon reasonable prior notice to the
Group.
(C) All Subscribers will be provided with an identification card, which
should be retained ae all times and available for presentation upon
visits to the dental Facilities.
(D) CDH shall arrange for the organization and maintenance of dental
records in accordance with accepted professional standards of dental
and internal control practices.
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15. NanCE
Any notLce requLred by thLs Contract shall be Ln wrLtLng and sent vLa
certLLLed maLl. return receLpt requested.
U to CDH:
AttentLon:
1525 N.W. 167 Street
IfL_L, FL 33169
Contracts AdmLnLstratLon
IL to Croup:
AttentLon:
16. GRIEVANCE PROCEDURE
AllDOst all controversLes can be solved on a personal level by the Provider
or the Plan AdmLnLstrator at CDH through the ProLessLonal RelatLons staLL and a
computerLzed system, whLch tracks the LnvestLgatLon results and current status.
IL the patLent/SubscrLber Ls not satLsLLed wLth the proposed resolutLon, the
complaLnt is categorLzed according to the Lollowing guLdelines:
1. IL the problem is oL a dental nature concerning quality oL care, a CDH
Area Dental DLrector is consulted Lor appropriate resolutLon. The
Director's decision shall be Linal iL he/she rules in Lavor of the
patient; however, if the DLrector decides against the patient, an
appointment can be arranged with a mutually agreed upon
non-particLpatLng dentLst for a second opLnLon at CDH's expense.
ResolutLon should be wLthLn CWo weeks, provLding appoLntments are
available Lor consultatLon. The fLnal decision will be made by the CDH
RegLonal Dental Director, based upon Lndependent analysis of the
recol1ll1lendatLons of both the Area Dental Director and the
non-participating dentLst.
If the Covered Person Ls not satisLied with the CDH decision concerning
Lssues of qualLty or appropriateness of care, the complaint may be
referred to the local peer revLew organLzation of the county in which
the ProvLder Ls located.
2. IL the problem is fLnancLal Ln nature, a consultatLon is arranged with
the CDH AccountLng Department to revLew the charges Lnvolved and
resolutLon should be reached wLthin five days.
3. If the problem concerns plan deLLnLtLons or limLtatLons, or Provider/
FacLlLty rapport, the Plan AdminLstrator Ls consulted and a wrLtten
response should be received by the Subscriber withLn LLLteen (15) days.
IL Subscriber satisLactLon is stLll not achLeved, a grLevance cOI1ll1lLttee
composed oL three members (the "CrLevance CommLttee") wLll be consulted within
three IDOnths oL initLal notiLLcation to CDH. IL the grievance Ls of a strictly
proLessLonal nature concerning the qualLLicatLon oL or treatment provided by a
- 0010/6 -
Provider, all three members shall be dentists.
member, the local dental society shall be asked
cases, members shall include:
If they cannot agree on a third
to select a member. In all
a. a representative appointed by CDN;
b. a representative appointed by the Covered Person; and
c. a mutually agreed upon representative of the dental society or
community, who shall preside over the Grievance Committee.
The parties to each side of the controversy will bear the cost of his/her
orm expenses. Both parties shall share, on an equal basis, the expenses of the
third member, presiding over the Grievance Committee.
Notwithstanding any other provision in this Section, the Group and all
Covered Persons reserve the right, after the Grievance Committee has reached a
final resolution, to appeal its decision to the appropriate state regulatory
agency and/or to pursue all available remedies through courts of competent
jurisdiction with respect to any claims arising from the professional treatment
performed by Providers.
17. TERHINATION
(A) Coverage under this Contract shall terminate as follows:
(1) For a Covered Person(s) specifically:
(a) For a Subscriber and his/her Dependents, effective the first
day of the month, following the date the Subscriber ceases
employment with the Group;
(b) For a Dependent, effective the first day of the month,
following the date the Dependent ceases to meet the
definition of Dependent;
(c) For any Covered Person, effective the first day of the month,
following the date such Covered Person is disenrolled from
CDN;
(d) For any Covered Person, effective the first day of the month
following the permanent breakdown of the Provider-patient
relationship with the Covered Person. CDN mey not terminate
a Covered Person's coverage for this cause unless (1) CDN
gives the Covered Person an opportunity to change Providers
at least once, and (2) CDN gives the Covered Person at least
thirty (30) days' notice of the termination;
(e) For any Covered Person, effective the first day of the month
following the date CDN notifies the Covered Person that it is
terminating such person's coverage for the Covered Person's
misuse of dental services or Facilities.
- 0010/7 -
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(2) For a Group, in case of:
(a) Nonpayment of Prepayment Fees, after thIrty (30) days'
wrItten notIce, but the Group shall remaIn lIable for
Prepayment Fees accrued durIng thIs thIrty (30) day perIod;
(b) Hlsuse of dental servIces or FacILItIes on the part of the
Group, after fIfteen (15) days' written notIce.
(B) EIther the Group or CDN IIISY termInate thIs Contract, effectIve as of
any Renewal Date (as hereinafter defIned), by provIdIng at least sIxty
(60) days' prior wrItten notIce to the other party.
(C) CDN wIll provIde wrItten notIce wIthIn a reasonable tIme to the Group
of any termInatIon or breach of contract by or InabILIty to perform of
any contractIng ProvIder If CDN determInes that Covered Persons may be
materIally and adversely affected thereby.
18. EXTENSION OF BENEFITS
Coverage for completIon of a dental procedure (except for orthodontIc
treatment), requIrIng evo or more vIsIts on separate days to a FacILIty, shall be
extended for nInety (90) days after termInatIon of the Covered Person's
membershIp, unless termInatIon by CDN was due to non-payment of the Prepayment
Fee by SubscrIber.
In the case of orthodontIc treatment, if che orthodontist has agreed to or
Is receivIng monthly payments, extensIon of coverage shall be sixty (60) days.
If the orthodontIst has agreed to or Is receIvIng quarterly payments, coverage
will be extended to the end of the quarter or sixty (60) days, whichever is
later.
19. CONTINUATION OF BENEFITS
Federal law requIres offering of contInuatIon of benefIts coverage for a
specifIed perIod of tIme to Covered Persons upon termination of employment or
reductIon of work hours, for any reason other than gross mIsconduct, through
dIrect payment by SubscrIber of the requIred premIum to the Group.
SubscrIber must elect to contInue coverage wIthIn sIxty (60) days from such
termInatIon of employment or notIfIcatIon by the Group, whIchever is later.
Subscriber IIISY elect to extend Dependents' coverage or the Dependents may
themselves elect to contInue coverage under certaIn circumstances. A Dependent
must elect to contInue coverage withIn sIxty (60) days from termInation of
employment or notIfIcatIon, whIchever Is later.
20. CONVERSIONS
Upon termInatIon of employment wIth the Group and/or termInatIon of this
Contract by the Group, any Covered Person IIISY obtaIn coverage under an Individual
Dental PLan, unless such termInatIon occurred pursuant to SectIon 17, Paragraph
A, Items (1) (c) , (d) or (e). Such Dental Plan and any succeedIng renewals would
be at the then-prevaILIng conversIon rates of CDN.
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21. RENEflAL
Upon expiration of the original rate guarantee, this Contract shall be
automatically renewed on an annual basis effective on the Renewal Date, Unless
otherwise terminated in accordance with Section 17 hereof.
22. ASSIGNl1ENT
CDH may assign this Contract and its rights hereunder and delegate its
duties hereunder to an affiliated entity or to any entity into which it is merged
or which acquires substantially all its assets. Neither party may otherwise
assign or transfer this Contract or rights hereunder Without the prior written
consent of the other party.
23 . AJ1ENDl1ENT
Except as otherwise herein provided, this Contract may be lUIJended. changed
or modified in a writing, signed by both parties. All lUIJendments thereafter
shall be attached hereto and made a part of this Contract.
24. ENTIRE CONTRACT
This Contract, including the attached Patient Charge Schedule and
Pre-Contract Application, represents the entire agreement be/:Veen the parties
with respect to the subject matter. The signatures of both parties on the
aforementioned Pre-Contract Application shall denote acceptance of the terms of
this Contract, unless proper notice is served, pursuant to the terms of Section
15, Within /:Venty (20) days of receipt of this Contract. The invalidity or
unenforceability of any Section or sub-Section of this contract shall not affect
the validity or enforceability of the remaining Sections hereof.
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25. GOVERJlING LAY
This Contract shall be construed for all purposes as a legal documenc and
shall be interpreted and enforced in accordance with perCinent laws and.
regulations of the SCate of Florida, including Section 627.6577, Florida
Statutes:
Any employer, group, or organizacion Chat pays or conCributes Co
the premium of a group health insurance plan or a dental service
plan corporation which provides dental coverage only upon the
condition that services are rendered by an exclusive list of
dentists or groups of dentists shall provide an alternative to
enable the insured Co have a free choice of dentist, The
employer, group, or organization shall payor contribute an equal
dollar amount toward eicher alternaCive elected by the insured.
The provisions of this section shall not require the commingling
of costs and claims experience between the two alternative plans,
CIGNA DENTAL HEALTH OF FLORIDA, INC.
BY:
BY:
TITLE:
TITLE:
DATE:
DATE:
3737B
5/25/88
. 0010/10