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09-12-89 Regular CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION September 12, 1989 7 P.M. AGENDA commission Chambers Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The city does not provide or prepare such record. 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda approval. Action: Motion to approve. 5. Approval of Regular Meeting Minutes of July 11th, August 8th and August 22nd and Special Meeting Minutes of August 3rd and 16th. 6. Proclamations: A. United Way Day in South Palm Beach County - September 14, 1989. B. Call for Election - Downtown Development Authority Boundary Expansion- October 17, 1989. C. Emergency Medical Services Week- September 17 - 23, 1989. D. Constitution Week- September 17- 23, 1989. PUBLIC HEARINGS 7. RESOLUTION NO. properties within approval. 8. RESOLUTION NO. 62-88: A Resolution making appropriations of sums of money for all necessary expenditures of the City from October 1, 1989 to September 30, 1990. city Manager recommends approval. 61-88: A Resolution to the City of Delray Beach. levy a tax on all City Manager recommends 9. ORDINANCE for rezon~ng Highway No. 1 to SAD. City approval. 10. ORDINANCE NO. 52-89: An Ordinance increasing the deduction for contr~bution to the Police and Fire Departments fund from 6\ to 7.33\ to provide for retirement at 20 continuous service. city Manager recommends approval. NO. 37-89 - REQUEST FOR REZONING: Approval of request Corniche property located on the east side of U.S. between Linton Boulevard and S.E. 10th Street from POC Manager and Planning and Zoning Board recommend payroll Pension years of 11. ORDINANCE NO. 53-89: An Ordinance providing that members of the Police and Fire Departments Pension Fund shall be 100\ vested upon becoming eligible for normal retirement; provides restriction on benefit levels; provides time frame for beginning payment; subscribes how the City shall make contributions; and provides for forfeitures that may arise upon termination of employment. City Manager recommends approval. PUBLIC COMMENTS Agenda Meeting of 8/22/89 12. Comments and Inquiries on Non-Agenda Items from the Public. FIRST READINGS 13. ORDINANCE NO. 47-89: An Ordinance amending section 173.030 (P) (1) of the Zoning Code to allow screened porches, screened pool enclosures and accessory structures in open space areas in all residential districts. If passed public hearing September 26th. City Manager and Planning and Zoning Board recommend approval (3-2 vote). 14. ORDINANCE and Trash" of passed public approval. 15. ORDINANCE NO. 55-89: An Ordinance for the voluntary annexation of the South county Professional Center located on the east side of Military Trail approximately 1,000 feet south of Linton Boulevard with an initial City zoning of POC (Planned Office center). If passed public hearing October 10th. City Manager and Planning and Zoning Board recommend approval. NO. 54-89: An Ordinance amending Chapter 51 "Garbage the code of Ordinances relative to increasing fees. If hearing September 26th. City Manager recommends 16. ORDINANCE NO. 56-89: An Ordinance amending the Zoning Code to permit Bed and Breakfast Inns as conditional uses in RM (Residential Medium), RM-6 and RM-10 (Residential- Medium to High), RH (Residential High), RO (Residential Office), CBD (Central Business District), and GC (General commercial) zoning designations. If passed public hearing September 26th. City Manager and Planning and Zoning Board recommend approval. 17. ORDINANCE NO. 57-89: An Ordinance increasing the sewer rate fee for City customers. If passed public hearing September 26th. City Manager recommends approval. 18. ORDINANCE NO. 58-89: An Ordinance "Landlord Permits" of the Code of Ordinances of cost of landlord permits. If passed public city Manager recommends approval. 19. ORDINANCE NO. 59-89: An Ordinance amending Chapters 150,155,157,159,160,161,162, and 164 of the Code of Ordinances to provide for an increase to the permit fees. If passed public hearing september 26th. City Manager recommends approval. amending Chapter 117 to provide for increase hearing September 26th. 20. ORDINANCE NO. 60-89: An Ordinance amending Chapter 101 "Parks, Beaches and Recreation" of the Code of Ordinances by increasing the permit fee for storing boats in the area designated on the municipal beach. If passed public hearing September 26th. city Manager recommends approval. 21. ORDINANCE NO. 61-89: An Ordinance amending Chapter 101 "Parks, Beaches and Recreation" of the Code of Ordinances by increasing the fees for use of the Tennis Center. If passed public hearing September 26th. city Manager recommends approval. 22. ORDINANCE NO. 62-89: An Ordinance making it unlawful for an unauthorized person or agent to remove articles or otherwise disturb materials in the City'S recycling bins. If passed public hearing September 26th. City Manager recommends approval. REGULAR AGENDA 23. CONFIRMATION AND APPROVAL SALARY: Review and approval and salary increase. OF c~ty CITY ATTORNEY'S OFFICE BUDGET AND Attorney's Off~ce proposed budget 24. BOND ISSUE PROMOTING: Authorize funding in the amount of $15,000 to cover the costs of printing, advertisements, and postage to provided factual information to citizens on the proposed November bond -2- Agenda ({ . ! J Meeting of ~Z/89 referendum. city Manager recommends approval. 25. APPOINTMENT OF A VOTING DELEGATE TO THE FLORIDA LEAGUE OF CITIES: Appoint a vot~ng delegate to represent the City at the Annual Bus~ness Session of the Florida League of cities Annual Convention. city Manager recommends approval. 26. APPOINTMENT OF PINEAPPLE GROVE SCULPTURE SELECTION COMMITTEE: Appoint committee to select sculpture for Pineapple Grove beautification project. 27. APPOINTMENT OF COMMITTEE: Appoint a review application for CITIZEN MEMBERS TO CITY seven member committee to the hire of a permanent city MANAGER SELECTION select method and Manager. 28. ESTABLISHMENT OF A REDEVELOPMENT ASSISTANCE COMMITTEE: Consider the reorganization of the Community Improvement Director position to act as Chairman to the proposed Redevelopment Assistance Committee which will serve as a focal point for redevelopment actions in the City. city Manager recommends approval. 29. POLICE DEPARTMENT REVIEW: Consider methods for review of Police Department command elements and provide direction. 30. SALE OF CITY OWNED PROPERTY: Real Estate Board regarding sales property located on Venetian and Bookstore) . 31. INITIATION OF WEST ATLANTIC AVENUE ANNEXATION (NO.2): Authorize staff to proceed with the annexation of parcels along West Atlantic Avenue which includes the Scotty's Hardware Do-it-Yourself Center, Dunkin Donuts; Taco Bell; Mobil Gas Station; Delray West Plaza, shopping center with two out buildings, a vacant fast food restaurant and Flagler National Bank. city Manager recommends approval. Consider recommendations from the method and pricing of City owned Miramar and Federal Highway (Adult 32. SITE AND DEVELOPMENT PLAN APPROVAL: Consider request from Henry Whitehill for site and development plan approval for the Corniche Office building, a proposed 8,135 square foot, three story office complex located on the east side of Federal Highway between Linton Boulevard and S.E. 10th Street. city Manager and Planning and Zoning Board recommend approval. 33. SITE PLAN APPROVAL: Consider request from Donald Ralph for site plan approval for Silver Terrace Group Home and Office to accommodate services and offices to serve women in need of assistance. City Manager and Planning and Zoning Board recommend approval. 34. SITE PLAN APPROVAL AND WATER SERVICE AGREEMENT: Consider request from B.P Oil Company to consider site plan approval in conjunction with acceptance of a water service agreement for the Gulf Station and Car wash located at the southwest corner of West Atlantic Avenue and Military Trail. City Manager and Planning and Zoning Board recommend approval. 35. FINAL PLAT APPROVAL: Consider request from John C. DiMaggio for final plat approval for Delmar Woods a proposed eight lot single family development located on the south side of Germantown Road, north side of L-37 canal and west of Andover subdivision. City Manager and Planning and Zoning Board recommend approval. 36. FINAL PLAT APPROVAL: Consider request from Andover Partnership for f~nal plat approval for Andover Section III a proposed 51 lot single family development located on the west side of the E-4 Canal, between Germantown Road and C-15 Canal, just north and east of Del-Aire Golf Club. City Manager and Planning and Zoning Board recommend approval. 37. FINAL PLAT APPROVAL: final plat approval for Consider request from Herbert L. Kramer for the replat of a portion of Block I, Estates -3- Agenda Meeting . c{lt of *2/89 III. city Manager and planning and zoning Board recommend approval. 38. FINAL PLAT APPROVAL: Consider request from Palm Beach County Housing Partnersh~p for final plat approval for a proposed 36 lot subdivision located at the southwest corner of S.W. 8th Avenue and S.W. 2nd street. City Manager and Planning and Zoning Board recommend approval. 39. CONDITIONAL USE APPROVAL: Consider request from WRI Delray Associates to convert a vacant bay in the Delray Mall into an amusement game facility, Bally's Amusement Game, to be located at the northwest corner of Federal Highway and Linton Boulevard. city Manager and planning and Zoning Board recommend approval. 40. REQUEST FOR ADMINISTRATIVE RELIEF: Consider request from Delray Beach Yacht Club to allow an addit~onal eight compact car spaces immediately south of the proposed condominium building. City Manager and Technical Advisory Committee recommend approval. CONSENT AGENDA 41. AMENDMENT TO ADDENDUM NO. 3 CH2M HILL CONTRACT: Approve amendment to Addendum No. 3 to the CH2M Hill contract to perform a surge analysis on the 20-Series Wellfield pumping system. The estimated cost of this task in $1,900. City Manager and City Attorney recommend approval. 42. ADDENDUM NO.4 TO THE CH2M HILL CONTRACT: Consider Addendum No. 4 to the CH2M Hill contract for professional services in conjunction with the Emergency Well Field Assessment, Protection and Remediation project to insure a safe and reliable source of raw ground water. The estimated cost to provide Engineers, Planners, Economist and Scientist is $101,155. 43. AMENDMENT NO. 4 TO POST BUCKLEY SCHUH AND JERNIGAN CONTRACT: Consider Amendment No. 4 to the PBS&J contract for mod~f~cations to the North Water Plant to include tank inspection, cleaning and rehabilitation; master plan and architectural concept; electrical system rehabilitation; pump station telemetry and pump system rehabilitation. Estimated costs of additional service is $53,357. 44. ACCEPTANCE OF the City by Eva conjunction with Manager recommends EASEMENT DEED: Accept a 6 foot easement granted to Favitta to install a storm drain outfall in the Tropic Isle Drainage Project Phase-II. City approval. 45. ACCEPTANCE easement granted drain outfall in Phase-II. 46. REQUEST FOR AMATEUR SURFING CONTEST: Consider request from Eastern Surfing Association to hold three amateur surfing contests in Delray Beach on November 4th and 5th, January 6th and 7th and February 10th and 11th. city Manager recommends approval. OF EASEMENT DEED: Consider accepting a to the C~ty by Patricia Davidson to install conjunction with the Tropic Isle Drainage 6 foot a storm Project 47. REQUEST FOR FUNDING- CHILDREN SERVICES COUNCIL: Consider request from the Ch~ldren Serv~ces Counc~l Steer~ng Committee for $1,000 to support their Assembly on Children's Issues in Palm Beach County to be held on October 5th- October 7th. City Manager recommends approval. 48. WAIVER United way permit fee. OF SOLICITATION PERMIT FEE: Consider request from The of South Palm Beach County for waiver of the solicitation city Manager recommends approval. 49. PURCHASE OF EQUIPMENT: Approve purchase of Audix Voice Messaging System software to enhance the Police Departments present telephone system's capabilities. city Manager recommends approval. 50. RESOLUTION NO. election on October 56-89: A 17, 1989 Resolution calling for a referendum to consider expansion of the current -4- Agenda Meeting of -~r22/89 Downtown Development Authority (DDA) boundary area. city Manager recommends approval. 51. RESOLUTION NO. 57-89: A abatement action required to remove 30-52 S.W. 1st Avenue. City Manager Resolution assessing an unsafe building on recommends approval. costs for property at 52. RESOLUTION NO. 58-89: A Resolution assessing abatement action required to remove an unsafe building on 717 Eldorado Lane. City Manager recommends approval. costs for property at 53. RESOLUTION NO. 59-89: A abatement action required to remove 313 S.W. 11th Avenue. city Manager Resolution assessing an unsafe building on recommends approval. costs for property at 54. RESOLUTION abatement action properties located approval. 55. RESOLUTION NO. 63-89: A Resolution requesting County funding under the Emergency Med~cal Service Surcharge Award Program for E.M.S. classroom expenses and resource/reference materials. City Manager recommends approval. NO. 60-89: A Resolution assessing required to remove junked vehicles throughout the City. City Manager costs for on eight recommends 56. RESOLUTION NO. 64-89: A Resolution to approve the addition of the IBM Complex on Congress Avenue and the vacant land south of Lake Ida Road between Roosevelt Avenue and I-95 to the Enterprise Zone District. City Manager recommends approval. City Manager recommends approval. 57. AWARD OF BIDS AND CONTRACTS: A. Rehabilitation of Storm Drains- Southern Line Cleaning, Inc. in the amount of $16,650 with funding from Engineering Streets and Sidewalks (Account No. 001-2911-519-60.63). B. Resurfacing Contract - Hardrives of Delray Beach, Inc. in the amount of $197,085 with funding from General Construction Fund (Account No. 334-3162-541-60.53). C. Landscape Maintenance (I-95/West Atlantic Avenue, I-95/Linton Boulevard, Linton Boulevard I-95 to A1A)- Axiom Commercial Cutters in the amount of $22,565 with funding from Beautification Trust Fund (Account No. 119-4151-572-33.39). D. Microfilming Service- Leahy Business Archives, Inc. in the amount of $12,580 with funding from community Improvement (Accounts 001-2721-524-33.45 and 001-2741-524-33.45). E. Roof $18,400 (Account Repairs Pompey Park- McNab with funding from Parks No. 334-4172-572-62.03). Roofing Inc. in the amount of and Recreation Roof Repairs F. Software, hardware, building modifications and equipment to replace existing Police Department Computer system- A.L. Roark Company (software) in the amount of $145,640 and IBM (hardware, software, building modifications and equipment) in the amount of $543,063 with funding from Law Enforcement Trust ($486,203) and Unisys Settlement ($202,500). G. Landscaping of North Water Plant- Lush Landscaping and Design, Inc. in the amount of $10,948 with funding from Water and Sewer Repair and Upkeep (Account No. 441-5123-536-33.310. H. Emergency Interconnect in the amount of $4,990 (441-5161-536-64.01). with Boca Raton- Olsak and Associates with funding from Water and Sewer I. Architectural services for renovations to utility Department- Digby Bridges Marsh and Associates in an amount not to exceed -5- Agenda Meeting of 8/22/89 $4,000 .with funding 441-5111-536.33.11). J. Sewer TV Inspection $89,995 with funding (441-5161-536-64.04). from Water and Sewer (Account No. System- Cues, Inc., in the amount of from Water and Sewer Capital Outlay 58. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -6- -~ CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION ,< September vi, 1989 I;;;. 7 P.M. ADDENDUM Commission Chambers Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. THE REGULAR AGENDA IS AMENDED TO INCLUDE: 40A. WATER SERVICE AGREEMENT - DELRAY SENIOR LIVING: service agreement for a proposed ACLF - Delray Senior be located on the south side of Atlantic Avenue, Canal. Consider water Living, Inc. to east of the E-3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA REPORT - MEETING OF SEPTEMBER 12, 1989 DATE: September 8, 1989 PUBLIC HEARINGS Item No. 7 (Resolution No. 61-89). This is the First Public Hearing of a Resolution levying a $6.20 property tax on all properties within the city of Delray Beach. Recommend approval of Resolution No. 61-89. Item No. 8 (ReSOlution No. 62-89) This a the First Public Hearing on a Resolution appropriating funds to cover the city's expenditures for the next fiscal year (October 1, 1989 to September 30, 1990). Recommend approval of Resolution No. 62-89. Item No. 9 (Ordinance No. 37-89). This is a request for rezoning property located on the east side of U.S. Highway No. 1 between Linton Boulevard and S.E. 10th Street from POC to SAD. The property owner is proposing to build a financial institution/ office building on the currently vacant site and had requested LC (Limited Commercial or GC (General Commercial) zoning. The Commission previously approved a site and development plan for this property however it has since expired and lost any vested status. Subsequently the zoning district standards have changed and that site plan no longer meets current regulations. A new site plan has been submitted and is on your agenda as Item 32. Prior to enactment of this ordinance it is necessary that the Commission formally approve the attendant site plan. The Planning and zoning Board at its May 15th meeting recommend SAD zoning as this is a unique situation in that the revised site plan will meet the standards of the LC zone district with the uses being restricted to those allowed under POCo A detailed staff report is available for review in the city Manager's Office. Recommend approval of Ordinance No. 37-89 rezoning the Corniche property w~th SAD zoning. Item No. 10 (Ordinance No. 52-89) This is a Second Reading of an Ordinance increasing the payroll deduction for contribution to the Police and Fire Departments Pension fund from 6\ to 7.33\ to provide for retirement at 20 years of continuous service. This Ordinance is a result of the Commission's approval of the collective bargaining agreements with the Fraternal Order of Police and the International Association of Fire Fighters and institutes the "20 and Out" Plan. Recommend approval of Ordinance 52-89. Item No. 11 (Ordinance No. 53-89) This is a Second Reading of an Ordinance providing that members of the Police and Fire Departments Pension Fund shall be 100\ vested upon becoming eligible for normal retirement; provides restriction on benefit levels; provides time frame for beginning payment; subscribes how the city shall make contributions; provides for forfeitures that may arise upon termination of employment; and provides for tax deferral of employee contributions. Recommend approval of Ordinance 53-89. AGENDA REPORT Meeting of September 12, 1989 FIRST READINGS Item No. 13 (Ordinance No. 47-89) This item was originally before the Commission for first reading on July 25th. The matter was returned to the Planning and Zoning Board for further review. The revised ordinance has been broadened to address screened porches, screened pool enclosures and accessory structures. Recommend approval of Ordinance No. 47-89. Item No. 14 (Ordinance No. 54-89): This is a First Reading of an Ordinance to increase the City's service fees for garba~e and trash collection. This proposed hike is necessary to defray ~ncreases in tipping fees by the Solid Waste Authority to $47.00 per ton, CIP increases by Waste Management totalling 4.8\ and increases for the implementation of the City-wide recycling program. A detailed memo outlining the new rates are enclosed in your agenda packet. Recommend a roval c arges for gar age recycl~ng program. Item No. 15 (Ordinance No. 55-89): This is a First Reading of an Ordinance for the voluntary annexation of the South County Professional Center located on the east side of Military Trail approximately 1,000 feet south of Linton Boulevard with an initial City zoning of POC (Planned Office Center). 54-89 up an increasin the cit's ~mp ementat~on 0 t e This 10 acre parcel is partially developed and is known as the South County Professional Center. The development which has occurred was tied to a water service agreement which contained the standard annexation clause. This property was made contiguous to the city by the annexation of the Linton (Delray Manor) A.C.L.F. annexation. The existing development did not go through the city's site plan review process, however it will be necessary for the vacant eastern portion of the site to have formal site plan approval prior to additional construction. The Planning and Zoning Board at it's approval of the annexation. A detailed review in the city Manager's Office. Recommend approval of Ordinance No. 55-89. August 21st meeting recommend staff report is available for Item No. 16 (Ordinance No. 56-89): This is a First Reading of an Ordinance amending the Zoning Code to permit Bed and Breakfast Inns as conditional uses in RM (Residential Medium), RM-6 and RM-10 (Residential- Medium to High), RH (Residential High), RO (Residential Office), CBD (Central Business District), and GC (General Commercial zoning designations. Notice of consideration was provided to the Historic Preservation Board, Beach Property Owners Association and other interested parties. The Planning and Zoning Board at approval. A detailed staff report Manager's Office. Recommend approval of Ordinance No. 56-89. it's August 21st meeting recommended is available for review in the City Item No. 17 (Ordinance No. 57-89): This is a First Reading of an Ordinance increasing the user charge sewer rate from $.5755 to $.9170 for City customers and to $1.1255 to $1.4670 for residents located outside of the city limits. This increase will fund the increase in the SCRWTD Board operating budget previously ratified and pass through costs which were not part of the SCRWTD Board operating budget. The - 2 - AGENDA REPORT Meeting of September 12, 1989 pass through costs represent an increase of .3165~. The increase for the SCRWTD Board portion of the commodity charge is 59\. An increase of the city's portion of the sewer commodity charge is not proposed. A detailed summary of the pass through costs is attached. Recommend approval of Ordinance No. 57-89. Item No. 18 (Ordinance No. 58-89) This Ordinance amending chapter 117 "Landlord "Permit Fees" of the Code of Ordinances to (from $11 to $11.50) for a landlord permit. Recommend approval of Ordinance No. 58-89. Item No. 19 (Ordinance No. 59-89) This is a First Reading of an Ordinance amending various sections of the Code of Ordinances to provide for increases in permitting fees. The areas affected include fees for moving buildings, new buildings and additions, miscellaneous permits, sub trade permits, long term permitting, moving buildings or structure, certificate of occupancy, mechanical code, plumbing code, tree removal and shrub clearing, sign code, wells, sprinkler system (drilling or driving potable/non potable well), and electricity. The average increase in permitting fees is approximately 5\. This and the budget items which follow represent direction received at commission Budget Hearings for the proposed FY 1989-90 Budget. is a First Reading of an Permits" Section 117.02 provide for a 5\ increase Recommend approval of Ordinance No. 59-89. Item No. 20 (Ordinance No. 60-89). This is a First Reading of an Ordinance amending Chapter 101 "Parks, Beaches and Recreation" of the Code of Ordinances by increasing the permit fees from $115.50 to $200 for storing sail boats on a designated area of the municipal beach. Recommend approval of Ordinance No. 60-89. Item No. 21 (Ordinance No. 61-89): This is a First Reading of an Ordinance amending Chapter 101 "Parks, Beaches and Recreation" of the Code of Ordinances by increasing the fees for use of the Tennis Center. The annual and semi-annual memberships charges have been increased approximately 6\, with daily fees being increased by approximately 9\. Recommend approval of Ordinance No. 61-89. Item No. 22 (Ordinance No. 62-89): This is a First Reading of an Ordinance making it unlawful for an unauthorized person or agent to remove articles or otherwise disturb materials in the City's recycling bins. During the course of the pilot program we have received numerous calls from citizens reporting stolen recycling bins and/or material being removed from the bins prior to their being picked up by Waste Management. Since the materials placed in the bins are City property, enactment of this ordinance will legitimize the city's claim to the materials and make it unlawful to tamper with the containers or their contents. Recommend approval of Ordinance No. 62-89. REGULAR AGENDA Item No. 23 Confirmation and Approval of city Attorney's Office Budget and Salary. Item No. 24 your September Bond Issue Promoting. Pursuant to direction received at 5th work session, this item is before you for formal - 3 - AGENDA REPORT Meeting of september 12, 1989 approval of financing in the amount of $15,000 for promotion of the upcoming bond issue. This amount includes costs for art work and printing of brochures, postage and other planned advertisements necessary to provide the citizens with factual information regarding the bond referendum. Funding is available in City Commission Contingency (Account No. 001-6511-591-90.11). Recommend approval of funding in the amount of $15,000 to promote the bond issue. Item No. 25 Appointment of a Voting Delegate to the Florida League of Cities. This item is submitted for discussion relative to nomination of a voting delegate for the Annual Business Session of the Florida League of Cities Annual Convention being held in Jacksonville, Florida in October. Under the Bylaws of the Florida League of Cities, we are entitled to one voting delegate. Recommend designation of a voting delegate to the Annual Convention of Florida League of Cities. Item No. 26 Appointment of Pineapple Grove SCUlpture Selection Committee. At your August 22nd meeting, the Commission requested the Beautification Task Force recommend nominees for the Pineapple Grove Sculpture Selection Committee. The Beautification Task Force recommends the appointment of the following individuals: Frank R. Spence, Chairman, City Staff Nancy Earnhart, Beautification Task Force Dottie Patterson, Pineapple Grove Support Group Genia Howard, Art Department Head, Atlantic High School Richard BeaUlieu, Sculptor Recommend a ointment of the Grove Scu pure Se ec on Beautification Task Force. five re resentatives to the Pinea~Tle Committee as recommended by ~ e Item No. 27 Appointment of Citizen Members to City Manager Selection Committee. Following directions received at your September 5th work session, this item is before you for formal selection of a screening committee to select the method and review applications for the hire of . a permanent City Manager. This committee will consist of five citizens unanimously approved by the Commission and two professionals (City Mangers or retired City Managers). Recommend approval of selection Manager Selection Comm~ttee. Item No. 28 Establishment of a Redevelopment Assistance Committee. This Committee is proposed to facilitate more timely approval of redevelopment projects and to provide the Developer/ Builder with the technical assistance necessary to promote good development in the City. The RAC will be responsible for review of proposed development projects, providing consensus decisions on resolutions, providing alternatives and/or support for waiver to code requirements thus allowing redevelopment project to be processed in a more expeditious fashion. of seven members to form a City It is proposed that the RAC be chaired by the current Community Improvement Director, and that the Planning Director, Chief Building Office, City Engineer, Development Services Director and a layperson from the CRA act as the technical review staff. Other staff will be called upon for assistance as the need arises. Recommend establishment of a Redevelopment Assistance Committee with the current Community Improvement Director appointed as Cha~rman. - 4 - AGENDA REPORT Meeting of September 12, 1989 Item No. 29 Police Department Review. Recent actions and activities regarding the Police Department have created negative publicity and concerns from the Commission and citizens. This request is before you to authorized options for reviewing the Department in particular the command element. The review would not address specific cases currently under investigation by other agencies but would focus on a performance analysis Command Officers, their attitudes and influences on the department; command structures; performance relating to recommendation in the 1987 PAS Study; and the development of goals and objectives for Command Officers for the upcoming fiscal year. Below are two proposed options for performing the review: Option 1: Rehire Public Administration Service. PAS completed an organization and management report for the City in 1987. They are familiar with Delray Beach from previous reviews and have insight into our strengths and weaknesses. The cost to the City for this review would be $6,000.00, plus expenses. PAS has indicated that they could complete the review by the end of October. Option 2: Peer Group Review. The second option involves the selection of "peer group" personnel from out of state to form a team to carry out the scope of the command review. The peer group would be composed of law enforcement personnel from other parts of the country. This process would take somewhat longer than the PAS review. The additional time would be needed to assemble the team. The cost of the option would probably be the same as option 1. Recommend consideration of recommendation to review the Police Department Command Sect~on and prov~de direction. Item No. 30 Sale of City Owned Property. The Real Estate Advisory Committee will be presenting recommendations for the sales price and strategies for the sale of City owned property at Venetian and Miramar and the Adult Bookstore property on Federal Highway. A detailed staff report will be presented to you prior to Tuesday evening. Recommend consideration of recommendations from the Real Estate Advisory Committee. Item No. 31 Initiation of West Atlantic Avenue Annexation (No.2). This item is before you to authorize staff to proceed with the annexation and rezoning of parcels along West Atlantic Avenue which includes Scotty's Hardware Do-it-Yourself Center; Dunkin' Donuts; Taco Bell; Delray West Plaza, shopping Center with two out buildings, a vacant fast food restaurant and Flagler National Bank. The area is approximately 16.93 acres. Each of the properties have previously agreed to annexation through the provisions of a water service agreement. The appropriate zoning for these properties is GC (General Commercial). Recommend approval of initiation of annexation and zoning action for West Atlantic Avenue Annexation No.2. Item No. 32 Site and Development Plan Approval. Henry Whitehill is requesting site and development plan approval for the Corniche Office building, a proposed 8,135 square foot, three story office complex located on the east side of Federal Highway between Linton Boulevard and S.E. 10th Street. This is a companion to Ordinance No. 37-89. The Planning and Zoning Board at it's August 21st meeting recommended approval subject to conditions. A detailed staff report is available for review in the City Manager's Office. - 5 - 1 AGENDA REPORT Meeting of September 12, 1989 Recommend a roval of site and Bu~ ~n su ec 0 con ons as Zon~ng Boar. Item No. 33 Site Plan Approval. Donald Ralph is requesting site plan approval for Silver Terrace Group Home and Office which will provide services to women in need of assistance. for Corniche Office e P ann n an This property currently consists of a one story residential structure, which is illegally divided into two dwelling units, with an underground garage situated on two lots totalling .304 acres. The proposed development would utilize the structure as is providing temporary shelter in one section and attendant offices in the other. Since this site is already developed, redevelopment is limited to parking, landscaping and interior renovations in order to meet code requirements for the new uses. However, additional considerations are needed to accommodate the project and were requested by the Developer. These are: 1. Granting of administrative relief to allow parking within the side yards; 2. Delaying the requirement for removing the driveway in the front yard until such time as S.W. 10th Street is widened; and, 3. That in-lieu of funding improvements to Miami Boulevard and Park Avenue that the owner be permitted to enter into a commitment to participate in a future improvement/ assessment district for infrastructure improvements. The Planning and Zoning Board at it's August 21st meeting recommended approval. A detailed staff report is available for review in the city Manager's Office. Recommend a roval of site o ~ce a ong w~ approva 0 Ian for Silver Terrace Grou~ Home and request for rel~ef from the Deve oper. Item No. 34 Site Plan Approval and Water Service Agreement. B.P Oil Company is requesting consideration of site plan approval in conjunction with acceptance of a water service agreement for the Gulf Station and Car wash located at the southwest corner of West Atlantic Avenue and Military Trail. The proposed development site is located within the County and contains an existing Gulf Station and former donut shop. Both buildings will be demolished and a new self serve gaSOline station with a convenience store kiosk and free standing automatic car wash facility are proposed for this site. The proposed project will enhance aesthetics and safety at this corner. On May 25th this item was before the Palm Beach County Board of Commissioners who approved the site plan subject to the site connecting to the City'S water system. As this site is not in or contiguous to the City, it is not eligible for annexation and thus a water service agreement is required. Additionally, City development regulations are secondary to the County's in this instance and therefore we will be allowing two conflicts to our Code to exist. These involve location of a driveway within 15 feet of the west property line and the provision of one less parking space. The Planning and Zoning Board at it's Au~st 21st meeting recommended approval. A detailed staff report is ava~lable for review in the City Manager's office. Recommend approval of site plan and water service agreement for B.P. Oil Company. - 6 - AGENDA REPORT Meeting of September 12, 1989 Item No. 35 Final Plat Approval. John C. DiMaggio is requesting final plat approval for Delmar Woods a proposed eight lot single family development located on the south side of Germantown Road, north side of L-37 canal and west of Andover subdivision. This 3.693 acre parcel is located between the Woodvue and Andover Subdivisions. This project consists of eight lots which meet the R-1AAA zoning district standards. The residential lots front on Linnea Lane (Delmar Wood's access road) with the rear yard abutting the rear yards in the Woodvue Subdivision. The Planning and Zoning Board at it's August 21st meeting recommended approval. A detailed staff report is available for review in the City Manager's Office. Recommend approval of final plat for Delmar Woods. Item No. 36 Final Plat Approval. Andover Partnership is requesting final plat approval for Andover Section III a proposed 51 lot single family development located on the west side of the E-4 Canal, between Germantown Road and C-15 Canal, just north and east of Del-Aire Golf Club. This project meets the R-1AA zoning district standard and is consistent with previously approved development under Andover. The Planning and zoning Board at it's August 21st meeting recommended approval. A detailed staff report is available for review in the city Manager's Office. Recommend approval of final plat for Andover Section III. Item No. 37 Final final plat approval III to adjust lot lot. Plat for lines Approval. Herbert L. Kramer is requesting the replat of a portion of Block I, Estates for the creation of an additional buildable Because of land transactions by deed in Block I of the Estates III SUbdivision, problems were created which necessitated the submission of a new plat. While there are no problems associated with basic development regulations, a few legal problems did develop. Most were resolved with the exception of the inclusion of some portions of the original Lot 1 within the plat. There are two alternate ways to handle this situation, either of which is acceptable: A. Include the original Lot 1 in it's entirety, or B. Show the transferred property with reference to legal documents but excluding it from the platted area. The Planning and Zoning Board at it's August 21st meeting recommended approval. A detailed staff report is available for review in the City Manager's Office. Recommend approval of final plat for the Kramer SUbdivision, a portion of Block I, Estates III. Item No. 38 Final Plat Approval. Palm Beach County Housing Partnership is requesting final plat approval for a proposed 36 lot subdivision, known as Allamanda Gardens, located at the southwest corner of S.W. 8th Avenue and S.W. 2nd Street. This project involves a joint effort by the Palm Beach county Housing partnership and the City. Improvement plans have been prepared by the Partnership and have been permitted. The City is bidding out the - 7 - ~ AGENDA REPORT Meeting of September 12, 1989 infrastructure and has assumed the obligation for providing the water, sewer, drainage, and street networks. The Planning and Zoning Board recommends approval. A detailed staff report is available for review in the City Manager's office. Recommend approval of final plat for Allamanda Gardens. Item No. 39 Conditional Use Approval. WRI Delray Associates is requesting conditional use approval to convert a vacant bay in the Delray Mall into an amusement game facility, Bally'S Amusement Game, to be located at the northwest corner of Federal Highway and Linton Boulevard. Previously an amusement use existed abandoned and therefore conditional reestablish the use. The use will be of the mall. in the mall, however it was use approval is necessary to totally confined to the interior The Planning and Zoning Board at it's August 21st meeting recommended approval. There was no public comment, however two letters of objection were received. A detailed staff report is available for review in the City Manager's office. Recommend approval of conditional use request for a Bally'S Amusement Center ~n tne Delray Mall. Item No. 40 Request for Administrative Relief. Matthew Gracey is requesting administrative relief for the Delray Yacht Club to allow eight additional compact car spaces at the Delray Beach Yacht Club. The compact parking spaces are located immediately south of the proposed condominium building. During final plat preparation it was discovered that there was insufficient lot depth to meet all requirements for parking lot design and still meet the minimum width requirements for landscape islands. In order to alleviate conflicts with the landscaping requirement, this request was submitted. The Technical Advisory Committee has reviewed this request and recommends approval. The relief sought is consistent with the provisions of the Code. with approval of this action 18 of the more than 100 spaces will be compact parking. Recommend additional Club. a~proval of request for administrative relief for an e~ght compact car parking spaces for the Delray Beach Yacht CONSENT AGENDA Item No. 41 Amendment to Addendum No. 3 CH2M Hill Contract. This amendment provides that CH2M Hill will perform a hydraulic surge analysis of the well pumping system from the 20- Series Well Field to the Air Stripping Pretreatment System. Recently, we experienced some problems with water hammer in the pipe lines at the Golf Course Well Field. This condition can cause rupture of the pipe lines in some cases and staff recommended that this study be performed. This analysis will include an examination of the anticipated pressures in the system should a power failure occur causing all 20-series production wells to fail simultaneously. The cost of this task is $1,900. Funding is available in Water and Sewer Airscrubbers (Account 441-5162-536-60.49). Recommend approval of Amendment to Addendum No. 3 CH2M Hill Contract. Item No. 42 provides for Scientist to Well Field Addendum No. 4 to the CH2M Hill Contract. This addendum the hire of Engineers, Planners, and Economist and a perform the tasks recommended in the Palm Beach County Protection Ordinance and consists of replacing the - 8 - AGENDA REPORT Meeting of September 12, 1989 underground diesel storage tank near Production Well PW-13 and replacing it with an above ground tank which would provide emergency fuel for the standby power generator. Secondary containment for three above ground sodium aluminate storage tanks located next to the chemical storage buildin~ near Production Well PW-13 and several administrative studies w~ll be accomplished as well. The estimated cost of this task in $101,155. Funding is available in the 1984 Water and Sewer Construction Bond Engineering Services (Account No. 441-5162-536-60.83). Recommend approval of Addendum No. 4 to the CH2M Hill contract. Item No. 43 Amendment No. 4 to Post, Buckley Schuh and Jernigan Contract. This amendment is to provide engineering services for modifications to the North Water Plant and includes services to inspection, cleaning and rehabilitate the Reservoir, provide a master plan and architectural concept of the master facility with required building modifications and aesthetic upgrades; rehabilitate the electrical system from 220 volts to 480 volts; rehabilitate the pumping system and provide a pump station telemetry system. The cost of this task is $53,357. Funding is available in Water and Sewer Water Treatment Engineering Services (Account 441-5122-536-33.11). Recommend approval of Amendment No. 4 to the Post, Buckley, Schuh and Jernigan contract. Item No. 44 Acceptance of Easement Deed. Eva Favitta has granted a 6 foot easement across the west six feet of Lot 388 to the City for the installation of a storm drain outfall in conjunction with the Tropic Isle Drainage Project Phase-II. This drain will extend from Iris Drive to the canal. city Attorney and City Engineer recommend approval. Recommend acceptance of easement deed from Eva Favitta. Item No. 45 Acceptance of Easement Deed. Patricia Davidson has granted a six foot easement across the east six feet of Lot 389 to the City for the installation of a storm drain outfall in conjunction with the Tropic Isle Drainage Project Phase-II. This drain will extend from Iris Drive to the canal. The title to the property is in Mrs. Davidson's name alone, however, she resides at the property with her husband who refuses to sign the Easement deed. The City Attorney's Office has reviewed this action and recommends that the easement deed be executed by both husband and wife to assure that there are no problems in the future. Recommend consideration of acceptance of easement deed from Patricia A. Davidson. Item No. 46 Request for Amat~ur Surfing Contest. Eastern surfing Association is requesting perm~ssion to hold three amateur surfing contests in Delray Beach on Saturday and Sunday, November 4th and 5th; Saturday and Sunday, January 6th and 7th and Saturday and Sunday, February 10th and 11th. Each contest is scheduled to begin at approximately 8:00 a.m. and finish around 4 p.m. The event will be held at the S-4 life guard tower and surfing area. Approximately 80 to 100 participants are expected to attend. The Eastern Surfing Association has agreed to provide special event liability insurance and reimburse the City for labor overtime expenses. Recommend approval of request from the Eastern Surfing Association to hold surfing contest in Delray Beach. - 9 - AGENDA REPORT Meeting of September 12, 1989 Item No. 47 Request for Funding- Children Service Council. The FAU/FIU Joint Center for Environmental and Urban Problems and the FAU Institute of Government are coordinating a two and one-half day conference to be held at the Jupiter Beach Hilton on October 5-7, 1989. This Assembly is being held to establish long range goals and policy recommendations with regard to children's services in Palm Beach County. The Steering Committee is asking the public and private sector representatives donate $1,000 towards the expenses of this general assembly. Funding is available in the City Commission Special Events budget. Recommend consideration steer n Comm~ttee for C ~ ren s Issues ~n Pa of re 1 000 m Beac est from ~n un n Coun y. the Children Services Council to su ort t e Asse on Item No. 48 Waiver of Solicitation Permit Fee. The United Way of South Palm Beach County is requesting waiver of the solicitation permit fee for their annual fund raising event which is scheduled to begin September 14th. The City charges $300 for a permit to solicit within the City. In the past the Commission has approved such requests for non-profit organizations. Recommend approval of waiver of permit fee for the United Way of South Palm Beach County. Item No. 49 Purchase of Equipment. This is a request for formal approval of a previous Commission action which approved expenditures from the Public Safety Facility Bond Issue. This item is for the upgrade of the present Police Department telephone system by purchasing AUdix voice Messaging software. The Voice Messaging systems consists of automatic call coverage, which answers the phones and takes messages; allows you to send multiple recorded telephone messages by phone; has a message Drop service for requesting specific information; and an announcement service that can be used to record pUblic service information. The cost of this system is $15,300. Recommend a roval of urchase so ware w~t un ~ng rom e Pu of Audix Voice Messa in S stem ~c Sa e y Fac~lity Bon Issue. Item No. 50 (Resolution No. 56-89): A Resolution expanding the Downtown Development Authority (DDA) boundary area. This Resolution calls for a referendum election be held on October 17, 1989 to determine if the current DDA boundary should be expanded to include properties eastward of the Intracoastal Waterway, northward to those properties lying south of N.W. 2nd Street, east on N.E. 7th Avenue and west of N.E. 2nd Avenue, southward to properties lying north of S.E. 2nd Street, west of S.E. 1st Avenue and east of S.E. 7th Avenue. Recommend approval of Resolution 56-89. Item No. 51 (ReSOlution No. 57-89): A Resolution assessing costs for abatement action required to remove an unsafe building on property at 30- 52 S.W. 1st Avenue. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,307.80 remains unpaid. Recommend ap~roval of Resolution No. 57-89 assessing costs for abating an unsafe bu~lding within the City. Item No. 52 (ReSOlution No. 58-89): A Resolution assessing costs for abatement action required to remove an unsafe building on property at 717 Eldorado Lane. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,574 remains unpaid. - 10 - AGENDA REPORT Meeting of September 12, 1989 Recommend a roval of Resolution No. 58-89 assessin costs for abatin an unsa e u ng w~ n e C~ y. Item No. 53 (Resolution No. 59-89): A Resolution assessing costs for abatement action required to remove an unsafe building on property at 313 S.W. 11th Avenue. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $198 remains unpaid. Recommend aP~roval of Resolution No. 59-89 assessing costs for abating an unsafe bu~lding within the City. Item No. 54 (Resolution No. 60-89): A Resolution assessing costs for abatement action required to remove junked vehicles on eight properties located throughout the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on these properties in the event the assessments remains unpaid. Recommend a roval of Resolution No. 60-89 assessin costs for abatin Jun e ve c es ocated throughout the Ci y. Item No. 55 (Resolution No. 63-89): This is a Resolution requesting Pro-rata Grant funding from the County to support our Fire and EMS staff's classroom expenses and resource/reference material. This year's grant, of approximately $9,626, will pay for the rental of the Emergency Medical Service Training and Office Trailer, as well as the purchase of miscellaneous E.M.S. reference and resource materials. Recommend approval of Resolution No. 63-89. Item No. 56 (Resolution No. 64-89): Enterprise Zone Boundary Change. This item is before you for formal approval following your work session discussion on September 5th. The IBM Complex on Congress Avenue and vacant land south of Lake. Ida Road between Roosevelt Avenue and I-95 are recommended for inclusion. Recommend approval of Resolution No. 64-89. Item No. 57 AWARD OF BIDS AND CONTRACTS: A. Rehabilitation of Storm Drains- Southern Line Cleaning, Inc. in the amount of $16,650 with funding from Engineering Streets and Sidewalks (Account No. 001-2911-519-60.63). B. Resurfacing Contract Hardrives of Delray, Inc. in the amount of $197,085 with funding from General Construction Fund (Account No. 334-3162-541-60.53). C. Landscape Maintenance (I-95/West Atlantic Avenue, I-95/Linton BOUlevard, Linton Boulevard I-95 to A1A)- Axiom Commercial CUtters in the amount of $22,565 with funding from Beautification Trust Fund (Account No. 119-4151-572-33.39). D. Microfilming Service- Leahy Business ArChives, amount of $12,580 with funding from Community (Accounts 001-2721-524-33.45 and 001-2741-524-33.45). Inc. in the Improvement E. Roof $18,400 (Account Repairs Pompey Park- McNab with funding from Parks No. 334-4172-572-62.03). Roofing Inc. in the amount of and Recreation Roof Repairs F. Software, hardware, building modifications and equipment to replace existing Police Department Computer System- A.L. Roark Company (software) in the amount of $145,640 and IBM (hardware, software, building modifications and equipment) in the amount of - 11 - AGENDA REPORT Meeting of September 12, 1989 $543,063 with funding from Law Enforcement Trust ($486,203) and Unisys Settlement ($202,500). G. Landscaping of North Water Plant- Lush Landscaping and Design, Inc. in the amount of $10,948 with funding from Water and Sewer Repair and Upkeep (Account No. 441-5123-536-33.310. H. Emergency Interconnect in the amount of $4,990 (441-5161-536-64.01). with Boca Raton- Olsak and Associates with funding from Water and Sewer I. ArChitectural services for renovations to Utility Department- Digby Bridges Marsh and Associates in an amount not to exceed $4,000 with funding from Water and Sewer (Account No. 441-5111-536.33.11). J. Sewer TV Inspection $89,995 with funding (441-5161-536-64.04). System- Cues, Inc., in the amount of from Water and Sewer Capital Outlay Item No. 58 Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager - 12 - I CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION . September 11, 1989 7 P.M. ADDENDUM Commission Chambers Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. THE REGULAR AGENDA IS AMENDED TO INCLUDE: 40A. WATER SERVICE AGREEMENT - DELRAY SENIOR LIVING: service agreement for a proposed ACLF - Delray Senior be located on the south side of Atlantic Avenue, Canal. Consider water Living, Inc. to east of the E-3 ~ I , , ~: C I T Y COM MIS S ION DOC U MEN TAT ION FROM: MALCOLM BIRD, INT~RIM CITY MANAGER ~ " , ../ ~ ~ /, .........?-~ . .-,<-- G.K R. SPENCE, DIRECTOR DE ELOPMENT SERVICES GROUP ~~.~0M& DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 22, 1989 CONSIDERATION OF A WATER SERVICE AGREEMENT FOR DELRAY BEACH SENIOR LIVING CENTER, INC. , , TO: VIA: ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a water service agreement for a proposed continuing care and ACLF facility to be located within the City's water service area. This is a special request which has not gone through the normal review process. BACKGROUND: The property under consideration is located on the south side of Atlantic Avenue and lies just east of the E-3 Canal. It is within the City's designated water service area; it is not presently eligible for annexation; it is designated as "Transitional" on the proposed Future Land Use Map. Normally a water service petition is accompanied by a site plan which has gone through the City's review process. In this situation, the petitioner is trying to "beat the clock" with respect to fil~ng prior to the effective date' of the county's Comprehensive Plan. Under the new County Plan, the project's density is unacceptable. The project calls for 312 units in what is labeled as "CLF" (18 acres) and 120 beds in the separate ACLF (3.4acres). A large clubhouse and amenity building is also proposed. The major issue associated with this petition is that of height. A rendering shows six stories in some structures. Structures for stairs and elevators extend even higher. Thus, the project would exceed the City's height requirement of 48' which would apply. A standard water service agreement contains a clause (#12) which identifies the specific use and references the reviewed site plan. In this case, different language will be required since a complete site plan submittal has not yet been made. The petitioner has stated that they will go through the City's formal process. Another water service agreement clause (#l~) requires the development to conform with City development r~gulations. This clause will need to be changed to accommodate the proposed height. A representative of the petitioner has contacted County and City Utility agencies to see if water can be provided by the County (instead of the City) and thus avoid City involvement. While this is physically possible, it is the policy of the City that we are the water providers east of the E-3 Canal. Accordingly, this property is included in our- service area pursuant to the Comprehensive Plan. In addition to the above, the City has taken a general position to discourage large scale, adult-only communities in-lieu of family orientated residential development. That policy may be offset in this situation due to the location of the proposed use. However, it is noted that single family detached units are II being constructed along the north side of Atlantic in this .,. general area. To: Malcolm Bird, Interim City Manager Re: City Commission Documentation Meeting of August 22, 1989 Consideration of a Water Service Agreement for Delray Beach Senior Living Center, Inc. page 2 PLANNING AND ZQNING BOARD CONSIDERATION: This item has not been before the planning and Zoning Board. Normally, P&Z review and recommendation is obtaired prior to City Commission consideration. REQUIRED ACTIONS: The action being sought by the petitioner is: 1) early consideration of the water service agreement; 2) modification to clause #12 to allow site plan review and approval to occur subsequent to approval of this agreement; and, . 3), based upon requirement regulations. the for elevations, the compliance with deletion the City's of the height RECOMMENDED ACTION: , A project representative has indicated that the project cannot proceed except with the elevations as shown i.e. in violation of the City's height regulations. Based on this representation, it is recommended that the request be denied. However, if the petitioner wishes to proceed wit~ an alternative design, the reqqest~c~p be approved without change to clause #13. €\\~ the commission~1 "express that the City's height regulations must be cOl1)pl,i~d w~th. Further, the City Attorney should be directed to rephrase clause #12 to accommodate the general uses as proposed and a requirement to obtain City approval of the site and development plan. Attachment: special request letter from Shoup/McKinley reduction of site plan and elevation water service agreement REF/C:CCWSA.TXT '~~ ,. , (. SHOUP / McKINLEY ARCHITECTS AND PLANNERS, IN , ~ August 7, 1989 David Kovacs Planning Director City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Re: Water Service Agreement Between the City of Delray Beach and Delray Beach Senior Living Center, Inc. Dear Mr. Kovacs: , We are seeking an accelerated approval process for a water service agreement from the City of Delray Beach. We are requesting that we be placed on the agenda for the August 22, 1989 city commission meeting. This parcel of land lies at the southeast corner of West Atlantic Avenue and Sims Road. It is going through a re-zoning process with Palm Beach County on a special exception to allow a CLF and ACLF to occupy the site under the 1988 Comprehensive Land Use Plan. It is scheduled for a pre-hearing on the 24th of August. A water and sewer agreement is a stipulation of the County to proceed. q We are also'requesting that #12 of the water service agreement be re-written due to the fact that we are not going through site plan approval until after re-zoning. We fully understand we would have to back-track after County re-zoning approvals to meet the site plan submittal requirements of the water service agreement. _ ~:~:~ Mark S. Beatty Shoup/McKinley Architects and planners, Inc~ RIECE~VE[) AUG 1 4 1989 --------------- ..JOHNT.SHOUP,..J~.,AIA , PAUl.. A.McKINLEv,, :soo NO~THeAST SPANISH F=llveF=l 80ULEVA~O I SUITE 1 e I SP~NISH ~lveFl PI..AZA ISCCA FlATON. FI..OFlIOA 33431/407..39' ..20 .. ,. : . .'. ., l, ~::' : .' .I I: C/) '2 p -' 4 ~ j,.;:J ..J uJ <oJ 5 po c.J- (j) Q {) -' I' ,., t" t Q :. ~ -..--. .. ~- . . . . :::: /r-... I ~ : J ~ I-I . . ~,-ll~J II .' I '-.- ---- :::;, .1 , ~J · J I It I' ~ I .~ ... . ., f' ',. C~. , , ~ , .., .,:f.. ~ ~;:. .,:,.. ... ~".,' .....\0..' 'I .,... '"I -- ~" , ~'''. ",' . .. .~ . ....- .. r I I. . . .~~:t'1 ' . ~.... .~ ~ t 1.\ \ \ ~L -1 ~ .n E ,---- -'- .. .-.... .. '-- -- -'- -.--~.....' , - .-. -..-. -+ ! . ...,"-- , W>-'.a'T ).:'1..J.f-l~ A~ G"'.~ ....."""'0 So;, .;;: . " J. ~~ ./ AGREEMENT FOR WATER SERVICE .. This agreement, made on this ____ day of 19___, by and between Delra Beach Senior Livin Cente hereinafter called the CUSTOMER, and the CITY OF DELRA~ BEACH, . municipal corporation of the State of Florida, hereinafter callec the CITY. WITNESSETH, that the CUSTOMERt his heirs and aSSigns, for anc in consideration of the privilege of . receiving water service fron the MuniCipal Water System, agrees to the fOllOWing: 1. The CUSTOMER agrees to pay all costs of engineering, materials, labor, superVision, inspection, testing in order tc install the total length of extension necessary, in the prOfessional opinion of the Director of Public Utilities, to provide service tc the CUSTOMER'S premises. The CUSTOMER shall be responsible for thE installation and conformance with all applicable codes, rules, standards and regulations of all service lines, and connections or the ,CUSTOMER'S premises. The CITY shall have the option to perforn 'the necessary work or the CITY may have such Work performed bi outside forces in which case the CUSTOMER shall pay in advance all estimated costs thereof. In the event the CITY has SUch wor, performed, the CUSTOMER shall remit Such advance funds and an~ additlonal funds as may be necessary to pay for the actual completec project for the extension of services. 2. Any main extension made under this agreement shall be usec only by the CUSTOMER, unless permtssion is granted by the CITY fOI other party or parties to so Connect. If the CITY requires upsizin~ or increased capacity beyond what is determined to be adequate b~ the Director of PUblic Utilities in size and/or capacity, a pro-rat. refund will be made directly to the CUSTOMER by the CITY tc compensate these additional costs. The CITY may also reqUirE alternative bids to document the increased sizes or capacity tc establish these cost differences. The CUSTOMER acknowledges that its right to receive any refund pursuant to this paragraph i~ subordinate to any and all requirements concerning the City'~ outstanding water and sewer revenue bonds. 3. Tltie to all mains, extensions and other extending from the CITY water distribution system to and the meter to service the CUSTOMER shall be vested to exclUsively. facilitie~ includin~ the CIT) , 4. The CUSTOMER agrees to pay all charges, deposits, anc rates for service and equipment in connection with water serviCE outside the CITY limits applicable under CITY'S ordinances and ratE schedules which are now applicable or as may be changed fro~ time tc time. 5. Any rights-of-way or easements n~cessary shall be providec by the CUSTOMER. 6. It is understood by the CUSTOMER, and shall be bindin~ upon the CUSTOMER, his transferees, grantees, heirs, successors anc aSSigns, that all water to be furnished, supplied, and sold Undel this agreement is made available from a surplus. If a surplus doe! not exist at the time of CUSTOMER'S actual request for commencement of service, as determined by the CITY'S PUblic utilities Director, then the CITY without liability may refuse to initiate service tc the subject premises. . 7. The CUSTOMER further agreeS in consideration of thE privilege of receiVing water lservice from said CITY, that thE execution of this agreement is 'considered a VOluntary petition fOI annexation pursuant to Section 171.044 of the Florida Statutes 0% any SUccessor or amendment thereto. Rev. liO/27/87 ~oo 0 ? '<' .l'l'';:~~;:';n;~\~,~'!''': ~",:,"" ~""'''''''','' .' ~ _.,.,~., _~.~,."..,....~___.~,.._~_.,. '''-....- . ... / / ~Urthermore, shoul( .ny other general law, Spt .al act, or looal 14~ bo onactod which PL'ovides tor VOluntary or consensual annexation, this agreement shall also be considered a petition and request for annexation under such other laws. The premises shall be subject to annexation at the option of the CITY at any time they are eligible under anYone or more of the above-referenced laws concerning annexation. The legal description of the subject premises is as follows: The West one-half of the southwest one- uarter of the southeast one-quarter of Section 14, Township 46 South, Range 42 East, ,. -..".".-.........-.. Palm Beach County, Florida. L in south of State Road 806 w. Atlantic Avenue), less the west 63 feet thereof. The CUSTOMER acknOWledges that this covenant for annexation is intended to be and is hereby made a covenant running with the land hereinabove described. That this agreement is to be recorded in the pUblic records of Palm Beach County, Florida, and that the CUSTOMER and all sUbsequent transferees, grantees, heirs, SUccessors and assigns of CUSTOMER shall be bound by this annexation agreement. 8. It is hereby agreed that the CITY shall have no liability for. the' termination of water service to the premises, if the City Commission shall determine that it is appropriate to protect the pUblic health, safety and welfare of the property or inhabitants in the City of Delray Beach, so long1as the premises remain outside of the CITY limits. In the event the City Commission makes such a determination, the CITY shall be and is hereby authorized to discontinue water service to the premises upon ninety (90) days notice given by the CITY. In the event that the City Commission of the CITY determines that it is necessary to permanently discontinue water service to the above property, then the CITY shall execute a recordable release of this annexation agreement which shall be recorded at the expense of the . CUSTOMER. 9. In, addition to the limitation of the CITY'S liability under paragraph 8 above, it is agreed the CITY shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, state or federal agencies or other agencies having jurisdiction Over such matters. Also, the CITY shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other causalities or other circumstances beyond the CITY'S reasonable control. 10. The CUSTOMER hereby agrees to indemnify, defend and hold harmless the City of Delray Beach, Florida, its Mayor, members of City CommiSSion, officers, employees, and agents (both i in their indiVidual and official capacities) from and igainst all claims, damages, lawsuits and expenses, inclUding reasonable attorneys' fees (whether or not incurred on appeal or ~n connection with post-judgment collection) and costs arising out,Of or resUlting from the CUSTOMER'S Obligations under or performance pursuant to this agreement. ll. No prior or present agreements or repr1Sentations shall be binding upon any o~ the parties hereto unless incorpOrated in this agreement. No mOdification .or cpange in this agreement shall be valid or binding upon the partie~ unless in writing executed by the parties to be bound thereby. - 2 - / /if ~.. qranU<1 tap(a) located --above. The water use as depicted De]rav BeA~h ~pn1nr r,ivinn r~n~pr T~~ Delray Beach City Commission on Any water furnished under this agreement shall not be irrigation purposes Unless such use is specifically and approved by the Director of Public Utilities. J.~. 'l'hll WAt . q~antity of paragraph 7, by thll on the shall upon ~'.m'nt ia tor t ~roperty <1eacribed- be in conjunction wi the plan known dnd approved by t: ~sed f, separate >f 13. As an expressed condition of this Agreement, the CUSTOM further agrees to abide by all ordinances of the CITY which are effect at the time of developme~t, redevelopment, or renovation the site and which pertain to land Use and development matter Such matters include, but are not limited to signage, landscapin architectural review and approval, and the CITY'S formal site pl review and approval processes. However, no development requiremen of the CITY shall be imposed which shall have the effect diminishing a County development standard or requirement. In su cases, the CITY requirement shall be subservient and no furth action of waiver or variance shall be required. 14. Water service, pursuant to activated within two years of the date Agreement shall be void. This Agreement annexation to the City of Delray Beach. this Agreement, must of this Agreement or shall also become void sa up Rev,' 10/27/87 ~ ~ C\c~ ~ 4-e~ ~ ~doJe 6k Aa1~ , , , i I - 3 - .,.."....,....\.",......,,,..,.... : ~ ." [ITY DF DELAAY BEA[H 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000 i t~:!~ :~j;-i WHEREAS, the United Way of South Palm Beach County is a not-for-profit organization of volunteers dedicated to providing for the human service needs of the community; and, supports families; WHEREAS, the 36 agencies and, Uni ted Way of South providing services to Palm more Beach than County 98,000 WHEREAS, the United Way of South Palm Beach County is committed to its mission of increasing the organized capacity of people to care for one another through continued support from contributors and volunteers; and, WHEREAS, the United Way of South Palm Beach County will, kick off its 1989/90 fundraising campaign on Thursday, September 14, 1989, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby proclaim Thursday, September 14, 1989, as "UNITED WAY DAY IN SOUTH PALM BEACH COUNTY" and urge all citizens to support the United Way and its campaign efforts to maintain the quality of life for our citizens. IN WIT~ESS WHEREOF, I have hereunto set my hand and caused the official Seal of the City of Delray Beach, Florida, to be affixed this 12th day of September, 1989. MAY 0 R DOAK S. CAMPBELL SEAL l.a/\ CITY DF DELAAY BEACH , 100 N.W 1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243-7000 PROCLAJIA no\ WHERUS, the Charter of the City of Delt:ay Beach, Florida, provides for the calling of a Special Election for the purpose of holding a Referendum Election; and, WHEREAS, the Legislature of the State of Florida adopted Chapter 89-477, Laws of Florida, IHB 850) permitting the addition of property eastward of the Intracoastal Waterway northward of current Downtown Development Authority area to include those properties lying South of N.W. 2nd Street, East of N.E. 7th Avenue and West of N.E. 2nd Avenue, southward of current Downtown Development Authority area to include those properties lying North of S.E. 2nd Street, West of S.E. lst Avenue, and East of S.E. 7th Avenue to be added to the j~~is- diction boundaries of the Delray Beach Downtown Development Authority upon fulfillment of certain conditions, one of which is the hOlding of a referendum election in regard to such question; and., WHEREAS, Chapter 89-477, Laws of Florida, (HB 850) requires that voting in the referendum election shall be by separate vote of the qualified electors in the current and proposed areas of the Delray Beach Downtown Development Authority, NOW, THEREFORE, I, OOAK. S. C1IM1?BELL, Mayor of the City of Delray Beach, Florida, do hereby call a Special Election for such purposes to be held on Tuesday, October 17, 1989, between the hours of 7:00 A.M. and 7:00 P.M., the Pre- cincts and Polling Places in the City of Delray Beach, Florida, as designated by the Supervisor of Elections for Palm Beach County, Florida, being as follows: ALL ELIGIBLE VOTERS IN PRECINCTS 175 AND 189 WILL VOTE AT THE FOLLOWING LOCATION: Pollinq Place Adult Recreation Center, 801 N.E. 1st Street. All qualified electors who shall be permitted to vote in this election are those within the current geographic area of the Delray Beach Downtown Development Authority and the geographic area proposed to be added to the Delray Beach Downtown Development Authority as indicated in Chapter 89-477, Laws of Florida (HB 850). Dated at Delray Beach, Florida, on this 12th day OD September, 1989. DOAR S. CAMPBELL, Ill, Mayor ~ CITY DF DELRAY BEA[N 100 N.W. ht AVENUE DELRAY BEACH FLORIDA 33444 407'243.7000 PROCL-UfA no,' WHEREAS, Emergency Medical Services teams deserve our attention today. The citizens of Delray Beach benefit throughout the year from knowledge, skill, and dedication of our Emergency Medical Services specialists, Fire Fighters and Paramedics. Think how often we call upon them to save our lives, to attend our injured, and to protect us from future injury; and, WHEREAS, the City of Delray Beach has its share of traumatic highway crashes and other incidents which cause both injury and death to our residents. It is our Emergency Medical Services specialists, EMT's, Fire Fighters and Paramedics .who respond to calls for help. They work together to ensure prompt and appropriate treatment at the scene, on the way to the hospi- tal, and in the Emergency Department; and, WHEREAS, these specialists also take time to remind us of ways to avoid injury, such as wearing safety belts, using child safety seats, and especially reminding us not to drink and drive; and, WHEREAS, thus the Emergency Medical Services specialists in our City have earned our appreciation and our commitment to helping them. As residents, we can learn more about our Emergency Medical Services system, what number to dial in case of an emer- gency, and what steps to take to prevent emergencies from happen- ing, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby proclaim the week of September 17th through the 23rd, 1989, as "EMERGENCY MEDICAL SERVICES WEEK" in Delray Beach and urge all citizens to become more aware of and show appreciation for your City of Delray Beach's Emergency Medical TeChnicians, Fire Fighters and paramedics, and to support their efforts to promote safe habits, especially on our streets and highways. IN WITNESS l'IHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 12th day of September, 1989. MAYOR DOAK S. CAMPBELL SEAL 1oQ..... [ITY DFDELAAY BEA[H 100 N.W, 1 Sf A VENUE DELRA Y BEACH, FLDRIDA 33444 407l243_70oo PROCL!JfA FIOI' WHEREAS, our Founding Fathers, blessings of liberty for themselves and ordain and establish a Constitution for America1 and, in order to secure the their posterity, did the United States of WHEREAS, the week of September 17 through 23 commemo- rates the signing of the Constitution of the United States. This great document, the guardian of our liberties, established our Republic as a self-governing nation dedicated to rule by law1 and, WHEREAS, Constitution Week provides an opportunity for all Americans to recall the achievements of our Founders, the nature of limited government and the rights and priVileges of citizenship as well as the responsibilities; and, WHEREAS, the Jonathan Dickinson Chapter of the Daughters of the American Revolution urges all Americans to be worthy of its protection, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby proclaim the week of September l7 through 23, 1989, as "CONSTITUTION WEEK" and urge all our citizens to pay special attention during that week to our Federal Constitution and the advantage of American Citizenship. IN WITNESS WHEREOF, I have hereunto caused the Seal of the City of Delray Beach, affixed this 12th day of September, 1989. set my hand and Florida, to be MAY 0 R DOAK S. CAMPBELL SEAL lob RESOLUTION NO. 61-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROP- ERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That there shall be and hereby is appropriated for the General Fund operations of the City revenue derived from the tax of $5.6259 per one thousand ($1,000) dollars of assessed valuation which is hereby tentatively levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 1989, and ter- minating September 30, 1990, the assessed valuation on all taxable property for operating purposes wi thin the City of De lray Beach being $2,26l,238,l44, for operating and for maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The tentative operating millage rate of $5.6259 per one thousand ($1,000) dollars does exceed roll back of $4.8455 per one thousand ($l,OOO) dollars by $0.7804 per one thousand ($1,000) dollars which is 116.1057% of the rolled back rate. Section 2. That amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obliga- tion bonded indebtedness of the City of Delray Beach is $1,233,364, and that there is hereby appropriated for the payment thereof, all revenues derived from the tentative tax levy of $0.5741 per one thousand ($1,000) dollars of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 1989, and terminating September 30, 1990, upon the taxable property of the City of Delray Beach, the assessed valuation being $2,261,238,144. Section 3. That the above tentative millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority may adjust its adopted millage rate if the taxable value within the juris- diction OI the taxing authority as certified pursuant to subsection (1) 's at variance from the taxable value shown on the roll to be extended. Section 4. tember 12, 1989. PASSED AND ADOPTED in regular session on this the 12th day of 11ber, 1989. That a Public Hearing was held on the Budget on MAY 0 R ~rk 1 RESOLUTION NO. 62-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1989, TO THE 30TH DAY OF SEPTEMBER, 1990: TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT: AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit A, be and the same are hereby tentatively appropriat- ed upon terms, conditions and provisions hereinabove and hereinafter set forth. Section 2. That appropriated upon the terms, hereinafter set forth. all monies conditions, hereinbefore appropriated and provisions hereinbefore are and Section 3. That subject to the qualifications contained in this resolution all appropriations made out of the General Fund are declared to be maximum, conditional, and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 1989, and terminating the 30th day of September, 1990, for which the appropriations are made, are sufficient to pay all the appropriations in full; otherwise the said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1st day of October, 1989, and terminating the 30th day of September, 1990. Section 4. That all balances of the appropriations payable out of the Gent;!ral Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 1989, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 1989, provided, however, nothing in this Section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any funds created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these funds for the fiscal year commencing the 1st day of October, 1989. Section 5. That no department, bureau, agency or individual receiving appropriations under the provision of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained; and if such department, bureau, agency, or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. ~ Section 6. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 7. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes than those for which they are appropriated, and it shall be the duty of the Assistant City Manager/Management Services based on data provided by the BUdget Director and Finance Director to report known violations of this section to the City Manager. Section 8. That all monies bureau, agency or individual of the promptly into the City Treasury. collected by any department, City Government shall be paid Section 9. That the foregoing budget be and hereby is tentatively adopted as the official budget of the City of Delray Beach for the aforesaid period. Provided, however, that the restrictions with respect to the expenditures/expenses. of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. 1, 1989. Section 10. That this resolution shall be effective on October PASSED AND ADOPTED in regular session on this the 12th day of September, 1989. MAY 0 R ATTEST: City Clerk -2- Res. No. 62-89 EXHIBIT A CITY OF DELRAY BEACH PROPOSED OPERATING BUDGET SUMMARy FISCAL YEAR 89-90 General Law Community Beaut1fica- City Fund Enforcement Develop- tion Trust Marina ESTIMATED REVENUES: Trust ment Fund Fund AD VALOREM TAXES $13.489.693 SALE AND USE TAXES $849.600 FRANCHISE TAXES $2.406.800 UTILITY TAXES $3.686.606 LICENSES AND PERMITS $1.432.925 INTERGOVERNMENTAL $4.221.699 $541.580 CHARGES FOR SERVICES $744.934 $80,000 FINES AND FORFEITURES $455.800 MISCELLANEOUS REVENUES $2.690,884 $26.000 $4.200 OTHER FINANCING SOURCES $2.073.737 $63.578 TOTAL REVENUES $32.052.678 $0 $541.580 $89.578 $84.200 PRIOR YEAR FUND BALANCE $325.000 $263.750 $135.472 $0 TOTAL REVENUES AND OTHER FINANCING SOURCES $32.377.678 $263.750 $541.580 $225.050 $84.200 ------.-.-.- ------------ ----------- ----.-------- ...___a___ EXPENDITURES/EXPENSES: GENERAL GOVERNMENT $2.279.060 COMMUNITY SERVICES $5.204.297 $188.746 $39.298 DEVELOPMENT SERVICES $3.379.403 $541.580 MANAGEMENT SERVICES $1.733.291 POLICE DEPARTMENT $9.074.871 $263.750 FIRE DEPARTMENT $5.967.575 GRANTS AND CONTINGENCIES $638,920 DEBT SERVICE $3.295.909 OTHER FINANCING SOURCES (USES) $300,952 $36.304 $5.755 TOTAL EXPENDITURES/ $31.874.278 $263.750 $541.580 $225.050 $45.053 EXPENSES RESERVES $503.400 $0 $0 $0 $39.147 TOTAL EXPENDITURES /EXPENSES & RESERVES $32.377 ,678 $263.750 $541.580 $225.050 $84.200 ------------ -.-.-------- ------...-- --.-.-.---.-. -----.---- CITY OF DELRAY BEACH PROPOSED OPERATING BUDGET SUMMARY FISCAL YEAR 89-90 PAGE 2 Cemetery Sanitation Water & Delray City City Fund Fund Sewer Golf Garage Insurance ESTIMATED REVENUES: Fund Course Fund Fund AD VALOREM TAXES SALE AND USE TAXES FRANCHISE TAXES UTILITY TAXES LICENSES AND PERMITS $233,142 INTERGOVERNMENTAL $328,902 $2,557.250 CHARGES FOR SERVICES $74,954 $3,418,192 $12,488,386 $23,250 FINES & FORFEITURES MISCELLANEOUS REVENUES $25,500 $28,612 $668.500 $24,000 $4,000 $280.400 OTHER FINANCING SOURCE $71,596 $67,730 $4,940,989 TOTAL REVENUES $172,050 $3,514,534 $18,097,875 $280,392 $332,902 $2,837.650 PRIOR YEAR FD BALANCE $0 $0 $350,000 $65,000 TOTAL REVENUES AND OTHER FINANCING'SOURCE$172,050 $3,514,534 $18,447,875 $280,392 $332,902 $2,902,650 ...=.=...~ .---......... ...----..... ......--. .-....... ............ EXPENDITURES/EXPENSES: GENERAL GOVERNMENT COMMUNITY SERVICES $168,594 $3,514,534 $12,970,429 $67,720 $332,902 DEVELOPMENT SERVICES MANAGEMENT SERVICES $2,902,650 POLICE DEPARTMENT FIRE DEPARTMENT GRANTS AND CONTINGENCIES DEBT SERVICE $2,535,023 $167,952 OTHER FINANCING SOURCES (USES) $3,456 $2,639.504 $44,720 TOTAL EXPENDITURES/ $172,050 $3.514,534 $18,144,956 $280,392 $332.902 $2,902,650 EXPENSES RESERVES $0 $0 $~02,919 $0 $0 $0 TOTAL EXPENDITURES !EXPENSES & RESERVES $172,050 $3,514,534 $18.447.875 $280.392 $332,902 $2,902.650 ............ --.-.-....--- ............ --....... ......... ............ ORDINANCE NO. 37-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT; SAID LAND BEING ALL OF THE CORNICHE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 53 AT PAGE 28 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE EAST SIDE OF U.S. HIGHWAY NO.1, APPROXIMATELY 650 FEET SOUTH OF S.E. 10TH STREET; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Board, at the meeting held May 15, 1989, reCOmmended zoning and placing of land pres- ently zoned POC (Planned Office Center) District 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 thereof 28 of County, THE CORNICHE, according to the Plat as recorded in Plat Book 53 at Page the Public Records of Palm Beach Florida, described as follows: That part of Lots lO and 11, Block I, MODEL LAND COMPANY'S SUBDIVISION in Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, lying east of the east right-of-way line of U.S. Highway No. 1 (State Road No.5) and between the westerly extension of the north and south boundaries of Lot 27, Block 2, 0 f said subdivision, according to the Plat thereof recorded in Plat Book l, Page 128, of the Public Records of Palm Beach County, Florida, less the South 100 feet thereof as measured along said east right-of-way line of U.S. Highway No. l. The subject property is located on the east side of U.S. Highway No.1, approximately 650 feet south of S.E. 10th Street. The above described parcel contains a 0.510 acre parcel of land, more or less. Section 2. That the uses allowed for the subject property described in Section l, above, pursuant to Section 173.631 of the Code of Ordinances of the City of Delray Beach, Florida, shall be those uses allowed under the POC (Planned Office Center) District. 9 Section 3. That the development of the subject proper- ty described in Section 1, above, is to be in accordance with the site and development plans and attendant conditions as approved by the City Commission on September 12, 1989. Section 4. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provi- sions of Section 1 hereof. Section 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. MAY 0 R ATTEST: City Clerk First Reading May 23, 1989 Second Reading - 2 - Ord. No. 37-89 i: to', t:; t: I --- STAFF REPORT --- tEETIN; DUEl Mav 15. 1989 fEeD::I ITEM: III. C ITEM: CONSIDERATION OF A REQUEST FOR REZONING FROM POC TO LC OR GC FOR THE CORNICHE ON THE EAST SIDE OF U.S. HIGHWAY NO.1, BETWEEN LINTON BLVD. AND S.E. 10TH ST. LA" . ~ltT i . f' MDfl'PIa : i _._, . IIDII .' ---. _... : ... 1O, -, .. 22 DELRAY MALL 1'1 . GENERAL DATA: own.r...........................H.nry Whit.hill, pr.sident Craft Developers II Aqent...........................Di9by C. Bridges Di'1by Bridqe., Marsh' As.ociat.., P.A. tOcatlon........................On the ..st side u.s. Hi9hW.Y No.1, bet_n 5.B. 10th Street and Linton Boul.vard. Property 5i.....................22,215 Sq. ft. (0.510 Acr..) Existinq Lull V.. P1aD.......... pOI (Plannat Office aDd IlUIti tutional) Exiatiftq City ~...............POC (Planned Office Cent.r) Proposed City '"-'''lI............LC (Lilllited ec..rcial) or GC (Gen.ral ec..rcial) Adj.cent z,-1.".................lforth .Del-west of tbe aubject property is zoned $C. South is zoned RM-15 (Multip1e-r-.11y . DoMUin'1 District) aDd ..at is zoned CF l"--",uty raciliti..). Existing Laad V.................V.c.nt Land. Pro_eel Lull V................. .rinancial Inatitutioa/ Offic. . Buildin'1" . . Water SerYice...................Ix1.tin9 12- water -.1a OD the .aat .id.of U.S. U...... 110. 1 Sewer Sez9iaa...................Exi.tin'1 8W ~.-La aa th. ...t .id. of U.S. ....,..." 110. 1 ITEM' :or: c. ~ 'N ~? 'i' '4.. .~ J f .~: ' i;' :~., ~' '.,.,. C;-'" . ORDINANCE NO. 52-89 AN ORDINANCE OF THE CITi COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF DlLRAY BEACH, FLORIDA, BY AMENDING "PENSIONS", SECTION 33.61(B), "APPLICATION", SUBSECTION (3), TO PROVIDE A 7.3n PAYROLL DEDUCTION EFFECTIVE OCTOBER I, 1989; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", SUBSECTION (A), "NORMAL RETIREMENT DATE", SUB-SUBSECTION ( 1 ), TO PROVIDE THAT AN EMPLOYEE MAY RETIRE AFTER COMPLE- TION OF 20 YEARs OF CONTINUOUS SERVICE; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", BY DELETING SUBSECTIONS (C), "EARLY RETIREMENT DATE" AND (D), "EARLY RETIREMENT BENEFITS" AND RELETTERING THE REMAINING SUBSECTIONS; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", SUBSECTION (G), "VESTING", SUB-SUBSEC- TION (t)(b)(l), TO PROVIDE FOR PAYMENT OF PENSION BENEFITS TO EMP..OYEES WHO HAVE TERMINATED EMPLOYMENT AFTER TEN OR MORE YEARS OF CONTINUOUS SERVICE; AND BY AMENDING SECTION 33.64, "CONTRIBUTIONS", SUBSECTION (A), TO PROVIDE THAT MEMBERS SHALL MAKE REGULAR CONTRIBUTIONS TO THE TRUST FUND AT A RATE EQUAL TO 7.33% EFFECTIVE OCTOBER I, 1989; 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 33, "Police and Fire Departments", "Pensions", Section 33.61, "Membership; Conditions of Eligibil i ty; Application", Subsection (B), "Application", SUb-subsection (3) of the Code of Or~nances of the City of Delray Beach, Florida, be, and the same is, hereby amended to read as follows: (3) Authorization of a S\ 7.33\ payroll deduction payable to the system, effective October I, 1989. Section 2. That Chapter 33, "Police and Fire Departments", "Pensions", Section 33.62, "Benefit Amounts and Eligibility", Subsection (A), "Normal Retirement Date", Sub-subsection (1) of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby amended to read as follows: . (I) A member may elect to retire on the first day of any month if coincident with or following the attainment of his fifty-second birthday and the completion of 20 years of continuous service; however, employees who are eligible to and become members of the effective date of this system shall be eligible to retire, as above, upon the attainment of their fifty-second birthday, regardless of the number of years of continuous service. Effective October I, 1989, a member may elect to retire on the first day of any month coincident with or next followinq his completion of 20 years of continuous service. This provision shall not a I to an member who retires or terminates em lo eut rior to October 1. 1989. Section 3. That Chapter 33, "Police and Fire Department.s", "PenSions", Section 33.62, "Benefit Amounts and Eligibility", of t.he Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby amended by deleting Subsection (C), "Ear ly Retire- \0 \ ,.. ment Date" and Subsection (D), "Early Retirement Benefit" in their entirety and relettering the remaining subsections. Section 4. That Chapter 33, "Police and Fire Departments", "PenSions", Section 33.62, "Benefit Amounts and Eligibility", Subsection (G), "Vesting", Sub-Subsection (I) (b) ( 1) of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby amended to read as follows: I. The pension benefit accrued to his date of termina- tion, payable commencing a~-^is-e~^erwise-ea~iieS~-ftermai_re~iremeB~ 4a~e on the date which would have been his earliest normal retire- ment date had he remained in emplOYment, provided he does not elect to withdraw his member contributions, or Section 5. That Chapter 33, "Police and Fire Departments", "PenSions", Section 33.64, "Contributions", SUbsection (1\.), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby amended to read as follows: (1\.) Member contributions. Members of the retirement system shall make regular contributions to the trust fund at a rate equal to 6% 7.33\ (6\ prior to October 1, 19891 of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed 30 years of continuous service at which time payments stop. 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 ~ereof other than the part declared to be invalid. Section 7. That this ordinance shall become effective ten (10) days after second and final reading. PASSED 1\.NI) ADOPTED in regular session on reading on this the day of second and final , 19 A'rl'EST: MAYOR City Clerk First Reading Second Reading 2 ORD NO. 52-89 . .~' .,". '. 1~" , (.;.. ,. ." ~ Ao.U. ao-v fl(~ . EITY aF aELAAY BEAEH!j '" <, ......", :':'::i;';':~~1~'~"" '.~').~-I;:. ~..-'-- , .'/'< .~. CITY ATTORNEY'S OFFICE 310 S.E. I st STREET, SUITE 4 DELRA Y BEACH. FLORIDA 33483 407/243.7090 TELECOP1ER 407/278-4755 MEMORANDUM Date: July 17, 1989 To: Chairman, Police end Firp.fi.ghters Pension Board of Trustees From: Herbert 1'1. A. Thiele, City Attorney Subject: ProPOsed Amendments to Pension Ordinances Regarding "20 and Out" Plan and Implementation of Tax Defeo.rral for Employee Contributions Attached hereto for your review and information, p,....se find copies of a ProPOsed ordinance which would inRtitute the "20 and Out" Plan which was agreed to by the City Commission in conjunction with their approval of the c:ollect:ive bargaining agreements witlt the Fraternal Order of Police and the International Asscx:iat:ion of fire fighters. In addition, also in accordance with these --agreements, there is a second ordinance attached which would tentatively implement the tax deferral for employee contributions, the ordinance change being subject to u1tirnat:e approval by the Internal Revenue Service. We have also attached hereto the actuatial impact statements prepared by your actuaries which must be filed with the State pJ:ior to the final public hearing on the ordinances. A member (and we would suggest the Chairman) of the Pension Board must sign these statements in advance, sending this, along with a copy of the ProPOsed ordinance, to the Division of Retirement in advance of the second and final reading of these ordinances. We would apprec:iat:e you scheduling these matters for consideration and approval by the Pension Board at an uPOOming meeting, and by copy of this memorandum to the City Commission and the City Manager's Office are informing them of this process so that these ordinances may be scheduled as soon as possible for review and potential adoption by the City Commission. You will note that the effective date of the ordinance concerning the "20 and Out" Plan would be October 1, 1989, while the effective date of the tax deferral ordinance would be immediately, subject; to IRS approval. July 17, 1989 Page 2 If you have any questions concerning the effect or content of either of these two ordinances, please contact the City Attorney's Office. 9' HT:jw Enclosures ee: City . Commission Robert /'... Barcinski, Interim City Manager John Elliott, Assistant City nmager David M. Huddleston, Director of Finance Marty Ritchason, Personnel/Labor REiliotions Director Steven Bloom, Esq., Attorney for I. A. F . F. Robert Klausner, Esq., Attorney for F. O. P. James ~l. Linn, Esq., Carson & Iinn Steven Palmquist, Kruse, O'Conner & Ling ----- /' ,. .-- --- KRUSE, O'CONNOR AND LING INC. "ORT LAUOEROALE OF'F'ICE WEST ."OWAIltD "IItO'E.S10""AL eU1LOlNQ 7320 QIIt""1\l IItOAD. SUITE ZOO 'OIltT LAUDCIltOALL 'LOIltIO" 333'4 (305) 78'. se.. ~-~'a:....Q -.e ~-.., _ NOATH I CENTRAL fl"LCRrOA C""'CE 10. SOUTIo4EAST SECOND "LACE. SUITE ZOt GAINESVILLE. 'LOfltIOA 3Z60t (e04) 37S-3.00 Bureau of Program Services Cedars Executive Center, Bldg. C 2639 North Monroe Street Tallahassee, Florida 32399-1560 Bureau of Municipal Police/Fire Retirement Trust Funds State Treasurers Office Room 208, Larson Building Tallahassee, Florida 32399-0300 Re: Actuarial Impact Statement for the Delray Beach Police and Firefighters Retirement System Dear Sirs: Fort Lauderdale Office June 13, 1989 The City Council of Delray Beach is considering the enclosed proposed ordinance which would: 1. ~ow normal retirement after 20 years of service, regardless of age, and 2. Raise the members' contribution rate from 6S to 7.33S of salary. As indicated by the enclosed tables, this ordinance would raise the required City contribution by 2.0a of covered payroll. In determining the effect of these changes, we have assumed that each member will retire when he reaches his normal retirement date. In our opinion, the proposed changes are in compl iance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the State Constitution. Respectfully submitted, by For the Board of Trustees as Plah Administrator by MCA DEWY BEACH POLICE AND FIREFIGHTERS RETIREMENT SYSTEM SUMMARY OF OCTOBER I, 1988 VAlUATION RESULTS COVERED GROUP Before Changes A. Number Included in the Valuation 1. Active Members 2. Inactive Members 204 39 B. Covered Annual Payroll $6,459,505 LONG RANGE COST C.. Actuarial Present Value of Projected Benefits 38,965,936 D. Actuarial Value of Assets 16,276,350 E. Actuarial Present Value of Future Contributions 1. Total: C - D 22,689,586 2. Portion Assigned to Unfunded Frozen Actuarial Accrued Liability (UFAAL) 2,880,599 3. Portion Assigned to Future Normal Costs 19,808,987 CURRENT ANMUAL COST F. Annual Payment Needed to Amortize UFAAL As I of B 136,047 2.111 G. Annual Employer Normal Cost As I of B' 1,232,219 19.081 H. Required Employer/State Contribution: Total of F + 6 Adjusted According to the Timing of Contributions and Year to Which They Apply As 1 of B 1,489,665 23.061 I. Estimated State Premium Tax Refund As 1 of B 451,548 6.991 J. Balance Required From Employer: H - I As I of B K. Year to Which Contributions Apply 1. Plan Year Ending 2. Employer Fiscal Year Ending 3. Assumed Date(s) of Employer Contributions 1,038,117 16.071 9/30/89 9/30/90 12/31/89 1 I . ~ I I! . After Changes 204 39 $6,459,505 34,954,418 16,276,350 18,678,068 4,012,575 14,665,493 186,610 2.891 1,300,985 20.141 1,619,582, 25.071 451,548 6.991 1,168,034 18.081 9/30/89 9/30/90 12131/89 . ORDINANCE NO. 53-89 AN ORDINANCE OF THE CITY CO~~ISSION OF THE CITY OF DELRAY B~CH, FLORIDA, AMENDING CHAPTER :< 3 , " POLl CE AND FIRE DEPARTMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "PENSIONS", SECTION 3.3 . 60, "DEFINITIONS". TO ADD A DEFINITION FOR "ACTUARIAL EQUIVALENCE" OR "ACTUARIALLY EQUIVALENT": BY DELETING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", SUB- SECTION (A), "NORMAL RETIREMENT DATE", SUB-SUBSECTION (2) IN ITS ENTIRETY; BY AMENDING SECTION 33 . 62, "BENEFIT AMOUNTS AND ELIGIBILITY", SUBSECTION (B), "NORMAL RETIRE- MENT BENEFIT", BY ADDING A NEW SUB-SUBSECTION ( 3) TO PROVIDE THAT A MEMBER SHAI,L BECOME 100' VESTED UPON BECOMING ELIGIBLE FOR NORMAL RETIREMENT; BY AMENDING SECTION 33.62, "BENEFIT !\MOUNTS AND ELIGIBILITY", BY ADDING A NEW SUBSECTION ( I ) , "MAXIMUM BENEFITS", TO PROVIDE RESTRICTIONS ON BENEFIT LEVELS; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", BY ADDING A NEW SUBSECTION (J), "REQUIRED PAYMENT OF PENSION BENEFITS", TO PROVIDE THE TIME FRAME FOR WHICH REQUIRED PENSION BENEFITS SHALL BEGIN; BY AMENDING SECTION 33.64, "CONTRIBUTIONS", SUBSECTION (A), "MEMBER CONTRIBUTIONS", TO PROVIDE FOR AND IN WHAT MANNER THE CITY SHALL PICK UP THE MEMBER CONTRIBUTION AS EMPLOYER CONTRIBUTIONS; AND BY AMENDING SECTION 33.64, "CONTRIBUTIONS", BY ADDING A NEW SUBSECTION (F), TO PROVIDE FOR FORFEITURES THAT MAY ARISE UPON THE TERMINATION OF A MEMBER'S EMPLOYMENT; 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 I J That Chapter 33, "Police and Fire Departments", "PenSions", Sedtion 33.60, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby amended by adding a new definition to read as follows: "Actuarial IE ivalence" or "actuariall e ivalent" shall mean that an benefit a able under the terms of the ension fund in a form other than the normal retirement pension shall have the same actuarial present value on the date a ent commences as the normal retirement ension. For ur oses of establishin the actuarial resent value of an form of a ent all future a ents shall be discounted for interest and mortality by usinq 7' interest and the 1983 Group Annuit Mortalit Table for Males with a es set ahead five years in the case of disability retirees. Section 2. That Chapter 33, "Police and Fire Departments". "Pensions" , Section 33.62, "Benefit Amounts and Eligibility" . Subsection (A), "Normal Retirement Date", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby amended by deleting Sub-Subsection (2) in its entirety. Section 3. That Chapt.er 33, "Police and Fite Departments", "Pensions", Section 3 3.62, "Benefit Amounts and Eligibility" , Subsection (B), "Normal Retirement Benefit", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby amended by adding a new Sub-Subsection (3) to read as follows: (3) Upon becoming eligible for normal retirement, a member shall be 100' vested in his accrued benefit. l t . Section 4. That Chapter 33, "Police and Fire Departments", "Pensions", Section 13.62, "Benefit Amounts and Eligibility", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby amended by adding a new Subsection (I), "Maximum Benefits", to read as follows: (i) Maximum Benefits. A member may not receive a pension or diSability benefit which exceeds the lesser of: (1) IOO' of the member I s average compensation for the highest three consecutive years as a member in the pension f~d; or (2) the maximum amount allowed under Section 415 of the Internal Revenue Code (increased to reflect the cost of living adjustment factor prescribed under Section 415 (d) of the Internal Revenue Code), which is incorporated herein by reference. Section S. That Chapter 33, "Police and Fire Departments", "PenSions", Section 33.62, "Benefit Amounts and Eligibility", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby amended by adding a new Subsection (J), "Required Payment of Pension Benefits", to read as follows: (J) Required Payment of Pension Benefits. Pension benefits shall begin no later than the later of April I of the calendar year fOllowing the calendar year (1) in which the member retires; or (2) in which the member attains age 70 1/2; even if the member has not filed a claim for pension benefits. In addition, payment of benefits shall be made in accordance with the appliCable provisions of Section 401(a)(9) of the Internal Revenue Code, which is incorpo- rated herein by reference. Section 6. That Chapter 33, "Police and Fire Departments", "Pensions", Sec,tion 33.64, "Contributions", Subsection (A), "Member Contributions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby amended to read as follows: (A) Member contributions. Members of the retirement system shall make regular contributions to the trust fund at a rate equal to 6\ 7.33\ (6' prior to October 1, 1989) of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed 30 years of continuous service at which time payments stop. Effective October 1. 1989, the City shall pick Up the member contribution required by the previous paraqraph. The contributions so picked. up shall. be treated as emPloYer contribu-. tions in determin;nq tax treatment under the United States Internal Revenue Code. The City shall pick UP the member contributions from funds established and available in the salaries account, which funds would have otherwise been desi ated as member contributions and pa d to the Jlension fund. Member contributions icked UP by the City PUrsuant to this subsection shall be treated for p ~es of ma nq a refund of member contr utions, and for all other ___poses, of this and other laws, in the same manner and to the same extent as member contributions made prior to the effective date of this subsect on. The intent of this subsection is to comply with Sect on 414(h)(2) of the Internal Revenue Code. 2 ORD. NO. 53-89 . Section 7. That ChapteI 33, "Police and Fire Departments", "Pensions", Section 33.64, "Contributions", of the Code of Ordi- nances of the City of Oelray Beach, Florida, be, and the same is, hereby amended by adding a new Subsection (F), to read as follows: (F) Any forfeitures that may arise upon the termination of a member:s employment shall be used to offset the subsequent cost of. the city. Such forfeitures shall not be used to increase benefits of remaining members. Section 8. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent juriSdiction to be invalid, such 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 9. That this ordinance shall become effective ten (IO) days after second and final reading. PASSED AND ADOPTED reading on this the in regular day of session on second and final , 19 ATTEST: MAYOR City Cleric First Reading . Second Reading 3 ORD. NO. 53-89 ORDINANCE NO. 47-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE" , "GENERAL REGULATIONS" , SECTION 173.030, "SPECIAL SETBACK PROVISIONS", SUBSECTION 1 7 3.030 (P) , BY ADDING "SCREEN ENCLOSURES, AND ACCESSORY STRUCTURES IN REAR YARDS" TO THE SHORT TITLE OF SUBSECTION 173.030(P); BY AMENDING PARAGRAPH 173.030 (P) (1), TO PROVIDE THAT THE MINIMUM REAR SETBACK REQUIREMENT FOR SCREEN PORCHES AS STATED THEREIN SHALL APPLY IN ALL RESIDEN- TIAL ZONING DISTRICTS; BY ADDING A NEW PARAGRAPH 173.030(p) (2) TO PROVIDE FOR A REDUCTION OF THE REAR YARD SETBACK FOR SCREEN ENCLOSURES AROUND SWIMMING POOLS AND OTHER ACCESSORY STRUCTURES WHEN CERTAIN CRITERIA IS MET AS PROVIDED THEREIN, AND TO PROVIDE THAT ANY ACCESSORY STRUCTURE WHICH HAS A SOLID ROOF SHALL NOT BE ALLOWED A HEIGHT GREATER THAN THA T ALLOWED BY SECTION 173 . 031 , "STRUCTURES ALLOWED IN SETBACKS", OR SECTION 173.039, "WALLS, FENCES, HEDGES, AND THE LIKE"; BY RENUMBERING PARAGRAPHS 173.030(P) (2) AND l73.030(p) (3) TO PARAGRAPHS 173.030(p) (3) AND l73.030(p) (4); AND BY ADDING A NEW PARAGRAPH 173.030(p) (5) TO PROVIDE THAT ANY CONFLICTS BETWEEN SUBSECTION 173.030 (P) AND THE REGULATIONS AS SET FORTH IN INDIVIDUAL RESIDENTIAL ZONING DISTRICTS SHALL BE GOVERNED BY THE PROVISIONS OF SUBSECTION 173.030(P); PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "General Regulations", Section 173.030, "Special Setback Provisions", Subsection 173.030(P), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (P) Setbacks for screen porches, screen enclo- sures, and accessory structures in rear yards shall be as follows: (1) In all tbllil! /~""' I /~""tr11 /~,,"n / /1U,,"" 1~~I777/irid//l~~,,"1~ residential zoning districts, the minimum rear setback for screen porches attached to residential type buildings shall be ten feet whenev- er at least 50 feet of open space, as defined in division (2) below, separates that rear property line from the next rear property line directly across and abutting the open space. \~ ill ill J.ly ill J.!, y ill Screen enclosures around swimming pools and other accessory structures may have a zero rear yard setback whenever at least fifty feet (50') of open space as defined in subsection (3) below sepa- rates the rear property line from the property line directly across and abutting the open space. However, this subsection does not constitute a change to provisions of Section 173.031 (Structures Allowed in Setbacks) or Section 173.039 (Walls, Fences, Hedges and the Like) in the interpretation of height restrictions. Any accessory structure which has a solid roof shall not be allowed a height greater than that allowed by the above sections. For the purpose of this division (P), open space shall mean any exterior open area clear from the ground upward, except as noted below, such as canals, lakes, golf courses, parks, sidewalks, streets, parking areas, bicycle paths, and the like. If an area of open space such as a golf course includes buildings or structures utilized in connection therewith, the reduced setback provision contained in division (P) (l) above shall still apply if there is a minimum of 50 feet between such buildings and struc- tures, and the property line on which the subject screen porch is to be located. In order to qualify for the reduced setback provision of this division (P), the open space must either consist of common open space that is owned or leased by the owners of residential units within the subdivision of which that open space is a part, or be dedi- cated to the public, or restricted to such open space use by covenants, declarations, easements, or deed re- strictions in order to provide a reason- able degree of assurance of the continu- i ty of the open space status of the property. Any conflicts between this division (P) and the regulations as set forth in individual residential zoning districts shall ~e ~overned by the provisions of th~s div~s~on (P). Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. - 2 - Ord. No. 47-89 Section 4. 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. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 47-89 C I T Y COMMISSION DOCUMENTATION TO: ROBERT A. BARCI~.ASSI~ANT '~/l<_.. FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP CITY MANAGER VIA: FROM: ~~~~~RECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 12, 1989 FIRST READING ORDINANCE 47-89 SPECIAL REAR YARD SETBACKS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which will amend 173.030(P), Special Setbacks Along Open Space Areas. If approved, a pUblic hearing would be advertised for September 26, 1989. BACKGROUND: This item was before the Commission previously but was pulled from the agenda based upon a memorandum from the City Attorney's Office which pointed-out that it did not address some concerns of the Board of Adjustment. The matter went back to the planning and Zoning Board and the resulting proposed ordinance has been broadened to address screen pool enclosures and accessory structures. please refer to the P&Z staff report for a full analysis of the proposal. The proposed text was developed through the cooperative efforts of the City Attorney's Office, the Chief Building Official, and the Director of planning and Zoning. PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of August 2l, 1989) the Planning and Zoning Board forwarded the item with a 3-2 recommendation of approval (Klarer and Coopersmith voting nay). RECOMMENDED ACTION: By motion, approval of Ordinance 47-89 on first reading and set September 26, 1989, as a public hearing date for consideration of second reading. Attachment: P&Z Staff Report of August 21, 1989 Ordinance prepared by others REF/DJK#51/CCORD47.TXT ORDINANCE NO. 54-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 5l, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES", SECTION 51. 70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES; AND TO PROVIDE FOR FEES FOR BOTH RESIDENTIAL AND COMMERCIAL CUSTOMERS FOR RECYCLING SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", "Rates and Charges", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 5l-70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for garbage and trash service: (A) Charges for the below-described garbage and trash pickup service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Section 5l-72: (1) For those customers receiving Type A, roll- out cart service, the service charge shall be 'll/~~ $l9.27 per month for garbage and trash pickup. However, the levy for "Tropic Palms and Palms of Delray" (known as Type F) shall be UU 56 $17.67 per month for garbage and trash pickup. (2) For those customers receiving Type B, rear- door/side-door service, the service charge shall be '111a3 $l8.33 per month for garbage and trash pickup. (3) For those customers receiving Type C, curbside, garbage and household trash in disposable containers service, the service charge shall be $S1.Z1 $12.96 per month for garbage and household trash pickup. (4) For those customers rece~vJ.ng Type D, curbside in owner' s container (or for those customers who, by reason of disability, as certified by a doctor and previously approved by the city, are unable to place refuse containers on the street, and whose collec- tion by the city or its contractor is thus pursuant to the Type B, rear-door/side-door service), the service charge shall be 'f1193 $l6.36 per month for garbage and trash pickup. Iy/ NOTE: Residential customers shall be assessed a $1.85 per unit charge for recycling service (included in rates set forth above) . (B) Mechanical containers container service. and commercial refuse (l) For customers receiving Type E, mechanical containers and commercial refuse container service, the service charge shall be based upon the following for such garbage and trash services: Container Container Size Pickups Monthly (Squarfi! Yard) Per Week Billing Rate 2 1 $/'3 $ 52 3 1 j2 74 4 1 7'J 95 6 1 H4 lD 8 1 1.H 177 2 2 U 103 3 2 1.24 l48 4 2 Ui 190 6 2 217 275 8 2 291. 353 2 3 1.1rJ 154 3 3 1.U 222 4 3 217 285 6 3 341. 412 8 3 41j 530 2 4 1.n 206 3 4 247 296 4 4 3U 380 6 4 H4 549 8 4 '~2 707 2 5 2U 257 3 5 3rJ9 370 4 5 39' 475 6 5 'U 687 8 5 717 884 2 6 UrJ 309 3 6 7>71. 444 4 6 474 570 6 6 U2 824 8 6 H3 l,061 (2) Multiple-family dwelling units five units or more shall use emptied by mechanical means, otherwise approved by the city lack of suitable space for a. container or other good reason. containing containers except as because of mechanical (3) Commercial customers shall use mechanical containers and commercial refuse container service (Type E). Commercial customers shall include, but not be limited to, all office buildings, stores, filling stations, service establishments, light industry, schools, churches, clubs, lodges, motels, laundries, hotels, public buildings, food service, and lodging establishments. Commercial customers may use any of the following containers for accumulation of refuse: - 2 - Ord. No. 54-89 (a) Commercial refuse containers. The city shall require any commercial customer needing more than six refuse containers to use mechanical containers, if feasi- ble. (b) Mechanical containers. (4) The owners/operators of commercial establish- ments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the city or its contractors, and which are convenient for collection by the city or its contractors. (5) Containers emptied by mechanical means shall be provided by the city or its contractors. These containers shall be emptied on a schedule mutually agreed upon by the customer and the city or its contractors, but not less than one day a week nor more than six days a week. Maintenance of that container shall be as set forth in this chapter; however, the city's contractors shall not impose any separate or additional charges to customers or to the city for the rental or rou- tine/regular maintenance of such containers that may be performed by the city's contrac- tors. (6) Commercial customers needing less than six refuse containers, and those approved for this type of service by the city in advance because they lack a suitable location for a mechanical container shall also be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the city or its contractors and the customer. (C) The charges set forth above for mechanical con- tainers and commercial refuse container service (Type E) shall accrue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the city or provided by the city's contractors shall be used. Where more than one user is serviced by one container, the monthly charges shall be levied to each customer by dividing the total monthly cost by the number of customers using that container; however, in no event shall the monthly service charge be less than UJ $52 per customer. The term "CUSTOMER" as employed herein is any person using the service or to whom the service is available. Even if the customer is different from the person who is actually billed for or pays for the service, the minimum monthly charge referred to above shall be calculated as to each customer. - 3 - Ord. No. 54-89 (D) Commercial Rates For Recycling: HAULING CHARGES 2-CU YD 3-CU YD 4-CU YD 6-CU YD 8-CU YD lX PER WEEK SVC 43.00 62.00 79.00 1l4.00 146.00 NOTE: Rates are stated in terms of monthly service charges, and Waste Mana ement will invoice the Cit for services as well as provide the City with a detailed list 0 commercial rec clin customers and containers. Waste Mana ement will rov~de 2-cubic ards of conta~ner s ace or eac t ~rt (30 we ~n un~ts ocate ~n con om~n~um or a artment com exes. Waste Management w~ eterm~ne a ro r~ate conta~ner s~zes ~n cooperat~on w~t t e owners/operators 0 the condominiums and apartments. Recycled mixed paper will be collected once each week. Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading, and the changes set forth herein shall be applicable to all bills ren- dered on or after October l, 1989. PASSED AND ADOPTED final reading on this the in regular session on day of second and , 1989. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No. 54-89 ORDINANCE NO. 55-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DEL RAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY l,OOO FEET SOUTH OF LINTON BOULEVARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID- ING FOR THE ZONING THEREOF TO POC (PLANNED OFFICE CENTER) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, SCPC Builders, Inc. is the fee simple owner of the West 685 feet of the South Half (S 1/2) of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida (LESS the right-of-way for Military Trail); and, WHEREAS, Military Trail Investors, Ltd. is the fee simple owner of the South Half (S 1/2) of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida (LESS the West 685.00 feet thereof); and, WHEREAS, the fee simple owners as hereinabove named have requested by their petitions to have the property hereinaf- ter described annexed into the municipal limits of the City of Delray Beach; and, WHEREAS, the subject property hereinafter described is now contiguous to the corporate limits of the City of Delray Beach, thus making said petitions for annexation effective at this time; and, WHEREAS, the designation of a zoning classification is part of the annexation proceeding, and provisions of City Code Section 173.886 have been followed in establishing the proposed zoning designation; and, WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section l71.044 of the Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described lands located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The West 685 feet of the South Half (S 1/2) of the South Half (S l/2) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW l/4) of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida (LESS the right-of-way for Military Trail); together with, Ie; The South Half (S 1/2) of the South Half (S l/2) of the Northwest Quarter (NW l/4) of the North- west Quarter (NW 1/4) of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida (LESS the West 685.00 feet thereof). The subject property is located on the east of Military Trail, approximately 1,000 south of Linton Boulevard. side feet The above described parcel contains lO.04 acres of land, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District POC (Planned Office Center) as defined by existing ordinances of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, Obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 5. That this annexation of the subject proper- ty, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, 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 8. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on final reading on this the day of second and , 1989. ATTEST: MAYOR City Clerk First Reading Second Reading - 2 - Ord, No. 55-89 CITY COM MIS S ION DOCUMENTATION TO: ROBERT A. BARCINS ,ASSISTANT CITY MANAGER ~~k~ VIA: FRANK R. SPENCE, ' IRECTOR DEVELOPMENT SERVICES GROUP FROM: ~'~ ~0Qcd- DA ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 12, 1989 FIRST READING ORDINANCE5S -89 ANNEXATION OF THE SOUTH COUNTY PROFESSIONAL CENTER ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commisison is that of approval on first reading of an ordinance which will annex property located on the east side of Military Trail, south of Linton with initial zoning P.O.C. If approved, a public hearing would be advertised for October IO, 1989. BACKGROUND: This IO acre parcel is partially developed and is known as the South County Professional Center. The development which has occured was tied to a water service agreement which contained the standard annexation clause. At the time the Linton (Delray) Manor A.C.L.F. annexation ocurred, the P&Z Board provided a directive to annex contiguous properties which were bound to annexation by a water service agreement. We have now gotten to that item. The existing development did not go through the City'S site plan review process; thus, the site plan has no vested status with the City. It will be necessary for the eastern portion of the site to have formal site plan approval prior to additional construction. The only item which may have a negative impact upon site development pertains to a requirement for accommodating the location of a collector street along the east property boundary. The agent and owner are aware of this situation. Please see the full P&Z staff report for a full project analysis. PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of August 21, 1989. the Planning and Zoning Board forwarded the item with a unaminous recommendation of approval. The agent (Bob contents of the approval. Basehart) was staff report. present and aCknOWledged the There were no conditions of To: Robert A. Barcinski, Assistant City Manager Re: First Reading Ordinance~ -89 Annexation of the South County Professional Center Page 2 RECOMMENDED ACTION: By motion, approval of Ordinance 55-89 on first reading and set October IO, 1989, as a public hearing date for consideration of second reading. Attachment: Cover sheet from theP&Z Staff Report of August 21, 1989 Ordinance prepared by others A full P&Z staff report is available in the City Manager's Office REF/DJK#5l/CCPROFAX.TXT .;.; "'>:'. 'J'::. \:~::. rLHNNING B CITY OF OELRAY , .. ~ .. ZONING BOARD BEACH --- STAFF REPORT --- MEETING O::nE: August 21, 1989 AGeO=I ITEM: III-A ITEM r Annexation of South County Professional Center " L."f,,, fl/vd. . w -~ ~v """'-' v/ ." [ I, - ) "'/ . / UNTON , , OAKS i B SOJARE: A ~_ P8L~I~ j h _\,~ C, \'0:-: ~ -:p' ~.....p ~ nv\{~~~ ,." l>. Q.\: S\ ,,' L~'''' @ .;-.... "q.-.se~ \ ~J.; GENERAL DATA: OWner.........................we.t portion ot proper~y is . condominium with various owners. ...t portion is owned by Military Trail Inv.stment, Inc. (se. a~tached list) Aqent.........................Robert e...hart, Urban Oesiqn Studio toe.tion..... .................East side of Milit.ry Trail approximately 1,000 feet south of Linton Boulevard Property Size................ .10.04 Acres County Land Use Plan..........L-M/C (Low-Medium Residential/commercial Potential Existinq City Land Use Plan...Medical Institutional Proposed City Land Use Plan...Transitional Ezi.tinq County Zoninq........CS (SpeCialized Commercial) Proposed City Zoninq..........POC (Planned otfice Center) Ad'acent Zoninq...............North is zoned City MOt (Medical ottic. and Institutional Oistrictl. E.I~ and sou~h are zoned County RT (Residential Transitional). Wes~ is zoned. County RS t 5inqle Family Resid.ntial) and City GC (General Commercial). Existinq Land Use.............west.rn halt; otfice condominium . Eastern halt; vacant Proposed Land u...............Existinq 60,701 square tee~ qross leasable otfice space, plus proposed 50,548 square fee~ qros. leasable area (Total: 111,249 q1a) Water Service... ... ....... ...Existinq 12" line down the east side of Military Trail and exis~inq service lines on site Sewer Service ................Existinq torce main on ~he west side of Military Trail which crOSses and services the South County Mental Health Center and the Subject property } r<-< u '" .' " ITEM :7T'r _ /I ORDINANCE NO. 56-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 173, "ZONING CODE", "GENERAL PROVI- SIONS", SECTION 173.001, "DEFINITIONS", BY ENACTING A NEW SUBSECTION "BED AND BREAKFAST INN" TO PROVIDE A DEFINITION FOR SAID USE; BY FURTHER AMENDING SECTION 173.001, "DEFINITIONS", BY REPEALING SUBSECTION "BOARDING AND ROOMING HOUSES" IN ITS ENTIRETY; BY FURTHER AMENDING SECTION l73.001, "DEFINITIONS", BY REPEALING SUBSECTION "GUEST HOUSE" IN ITS ENTIRETY; AND AMENDING CHAPTER 173, "ZONING CODE", "SPECIAL USE REQUIREMENTS", BY ENACTING A NEW SECTION 173.0625, "BED AND BREAKFAST INNS", TO PROVIDE, IN ADDITION TO REQUIREMENTS OF THE UNDERLYING ZONE DISTRICT, CERTAIN SPECIAL USE REQUIREMENTS RELATIVE TO PARKING, COMMON AREA, NUMBER AND CHARACTER OF RENTAL ROOMS, RESTRICTIONS ON USE AND EMPLOYEES, SIGNAGE, AND SPECIAL FINDINGS FOR BED AND BREAKFAST INNS; AND AMENDING CHAPTER 173, "ZONING CODE", "RM-6 MULTIPLE FAMILY DWELLING DISTRICT", SECTION l73.l42, "CONDITION- AL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION l73.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE", "RM MEDIUM TO MEDIUM HIGH DENSITY DWELLING DISTRICT", SECTION 173.162, "CONDITIONAL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE", "RM-10 MULTIPLE FAMILY DWELLING DISTRICT" , SECTION 173.l82, "CONDITIONAL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 1 73, "ZONING CODE", "RH MEDIUM HIGH TO HIGH DENSITY DWELLING DISTRICT", SECTION 173.202, "CONDITION- AL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.6025" AS A CONDITIONAL USE; AND AMENDING CHAPTER 1 7 3, "ZONING CODE", "RO RESIDENTIAL OFFICE DISTRICT" , SECTION 1 7 3.392, "CONDITIONAL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION l73.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 1 7 3 , "ZONING CODE", "GC GENERAL COMMERCIAL DISTRICT", SECTION 1 7 3.472, "CONDITIONAL USES" BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE", "CBD CENTRAL BUSI- NESS DISTRICT", SECTION 173.527, "CONDITIONAL USES" BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "General Provisions", Section 173.00 l, "Defini- tions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new subsection, "Bed and Breakfast Inn", to read as follows: lb "BED AND BREAKFAST INN." A structure consisting of not more than nine (9) permanent, furnished rooms for rent to nonpermanent residents. No provisions may be made for cooking in any individual room, but provisions must be made to provide meals for guests in a central dining room. A Bed and Breakfast Inn may also contain separate living facilities for a live-in manager or tHe permanent residence of the owner. Section 2. Tha t Ti tIe XVI I, "Land Usage", Chapter 1 7 3, "Zoning Code", "General Provisions", Section 173.001, "Defini- tIons", subsection "Boarding And Rooming Houses", of the Code of Ordinances of the City of Oelray Beach, Florida, be, and the same is he~eby repealed in its entirety. Section 3. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "General Provisions", Section 173.001, "Defini- tions", subsection "Guest House", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed in its entirety. Section 4. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "Special Use Requirements", of the Code of Ordi- nances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Section 173.0625, "Bed and Breakfast Inns", to read as follows: Sec. 173.0625. BED AND BREAKFAST INNS. In addition to the requirements of the underly- ing zone district, other applicable general regulations, parking regulations, and special condi tions imposed through the condi tiona I us e process, the following requirements shall apply to Bed and Breakfast Inns: (A) Parking. One (1) parking space shall be .provided for the manager/owner and one (l) parking space shall be provided for each guest room. (B) Common Area. Within each Bed and Breakfast Inn, a common area must be provided for a central dining area and for, at least, one (l) reading/discussion/living room. (C) Number and Character of Rental Rooms. There shall be no more than nine (9) rooms for rent in a Bed and Breakfast Inn. Interior structural modifications shall be such that upon termination of a bed and breakfast inn use, the structure may be readily modified to a residential unit. There shall be no cooking facilities or food storage facilities in any rental room. Rental rooms do not have to contain bath- room facilities. (D) Restrictions on Use and Employees. Meals shall be served only to individuals who are using the facility overnight, the manager and/or owner, and nonpaying, bona fide guests. - 2 - Ord. No. 56-89 The maximmn stay for each individual who is using the facility shall be fourteen (14) consecutive days and not more than fourteen (14) days during any thirty (30) day period. A guest book which accurately identifies all customers for each night's lodging shall be maintained by the owner and/or manager. No more than one (l) nonresident person may be employed in the management and adminis- tration of the facilities on-site. This restriction excludes maintenance and cleaning personnel. (E) Signage. There shall be no signage or other evidence of use as a Bed and Break- fast Inn other than one (I) sign not exceeding two feet (2') by three feet (3') in dimensions. However, said sign may be two-faced. Illumination shall be indirect or neon only. The signage shall not conflict with any provisions of the City's sign regulations. . (F) Special Findings. In addition to the standards of Section 173.848, "Standards For Evaluating Conditional Uses", the Planning and Zoning Board and the city Commission must consider and make findings regarding the fOllowing prior to granting approval of the conditional use of a Bed and Breakfast Inn: (1) The use must be deemed compatible with the character and use of adjacent properties and the neighborhood within which it is to be located. (2) Structures within which a Breakfast Inn are established residential in character. Bed and shall be Section 5. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "RM-6 Multiple Family Dwelling District", Section 173.142, "Conditional Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the following as a conditional use: Bed and Breakfast Inns, subject to Section 173.0625. Section 6. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "RM Medium to Medium High Density Dwelling Dis- trict", Section 173.162, "Conditional Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the following as a conditional use: Bed and Breakfast Inns, subject to Section 173.0625. Section 7. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", ".RM-I0 Multiple Family Dwelling District", Section 173.182, "Conditional Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the fOllowing as a conditional use: Bed and Breakfast Inns, subject to Section l73.0625. - 3 - Ord. No. 56-89 Section 8. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "RH Medium High to High Density Dwelling Dis- trict", Section 173.202, "Conditional Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the following as a conditional use: Bed and Breakfast Inns, subject to Section 173.0625. 'Ii Section 9. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "RO Residential Office District", Section 173.392, "Conditional Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the following as a conditional use: Bed and Breakfast Inns, subject to Section 173.0625. Section 10. That Title XVII, "Land Usage", 173, "Zoning Code", "GC General Commercial District", 173.472, "Conditional Uses", of the Code of Ordinances City of Delray Beach, Florida, be, and the same is hereby by adding the following as a conditional use: Bed and Breakfdst Inns, subject to Section 173.0625. Chapter ~ Section. of the amended Section 11. That Title XVII, "Land Usage", 173, "Zoning Code", "CBD Central Business District", 173.527, "Conditional Uses", of the Code of Ordinances City of Delray Beach, Florida, be, and the same is hereby by adding the following as a conditional use: Bed and Breakfast Inns, subject to Section 173.0625. Chapter Section of the amended Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 13. 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 14. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on final reading on this the day of second and , 1989. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No. 56-89 C I T Y COMMISSION DOCUMENTATION TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER .~~<' /l,~ FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP VIA: FROM: 1I_v(ll'..J ID J. KO~S, ~IRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 12, 1989 FIRST READING ORDINANCE~-89 BED AND BREAKFAST INNS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which will allow the establishment of Bed and Breakfast Inns within the City as a conditional use in certain zoning districts. If approved, a public hearing would be advertised for September 26, 1989. BACKGROUND: A Bed and Breakfast Inn is currently not allowed, as such, within the City. Accommodating this concept was a part of a broader proposed text amendment which met with some resistance in October, 1988, and was subsequently dropped. In June, 1989, the City Commission provided direction that provisions~ the use of "bed and breakfast" be accommodated in the City Code. Notice of consideration of the matter was provided to the Historic Preservation Board, Beach property Owner's Association, and others who have shown an interest in it. The Planning and Zoning Board considered draft/working materials in a worksession and gave further direction as to what the enacting ordinance should entail. Research Advisory Planning materials were obtained through the A.P.A. planning Service (PAS). That material is available in the Department for review. PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of August 2l, 1989) the Planning and Zoning Board forwarded the item with a 5-1 recommendation of approval. Member Schneider opposing based upon the feeling that only one meal should be allowed as opposed to a maximum of three. There was no public comment at the Board's public hearing. RECOMMENDED ACTION: By motion, approval of ordinance~-89 on first reading and set September 26, 1989, as a public hearing date for consideration of second reading. Attachment: P&Z Staff Report of August 2l, 1989 Ordinance prepared by others REF/DJK#51/CCBNB.TXT ORDINANCE NO. 57-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 54, "SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.32, "SERVICE RATES AND CHARGES", SUBSECTION B-1, "RESIDENTIAL DWELLING UNITS", AND SUBSECTION B-2, "NONRESIDENTIAL/COMMERCIAL UNITS", TO INCREASE THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT DISPOSAL BOARD CHARGES FROM $.5755 PER 1,000 GALLONS TO $.9170 PER I,OOO GALLONS FOR INSIDE CITY USE, AND FROM $.7l94 FOR l,OOO GALLONS, FOR RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL USE RESPECTIVELY, TO $1.1463 PER l,OOO GALLONS FOR OUTSIDE CITY USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOI<q, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO READ AS FOLLOWS: Section 1. That Chapter 54, "Sewers", Section 54.32, "Service rates and charges", Subsection B-1, "Residential dwelling units", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (l) Residential dwelling units. A monthly sanitary sewerage service charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to which sanitary sewerage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Residential: Inside City Outside City (a) Capacity charge (per residential dwelling unit) $7.00 $8.75 (b) Commodity charge (based on metered water with maximum of 10,000 gallons): City (per 1,000 gallons) 0.55 0.69 Residential South Central Regional Wastewater Treatment Disposal Board (per l,OOO gallons) h'5'1-55 .9170 $.-'1-%94 1. 1463 Note: Where no water service is provided, there shall be a monthly customer charge of two dollars and sixteen cents ($2.16) per residential dwelling unit, and the commodity charge shall be based on the maximum of ten thousand (10,000) gallons. Section 2. That Chapter 54, "Sewers", Section 54.32, "Service rates and charges", Subsection B-2, "Nonresidential/commercial units", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (2) Nonresidential/commercial units. A monthly sanitary sewer service charge is imposed upon each commercial and nonresidential unit to which sanitary sewage service is available through the facilities afforded by the municipally owned sewerage system, according to the following schedule: It , Nonresidential/commercial (a) Capacity charge (per meter): 3/4 and 1 inch meter 1 1/2 inch meter 2 inch meter 3 inch meter 6 inch meter Inside City Ou ts ide Ci ty $ 7.00 15.70 28.06 62.88 254.75 $ 8.75 19.62 35.07 78.60 318.43 (b) Commodity charge (based on ninety per cent (90%) of metered water): City (per 1,000 gallons) $ 0.55 $ 0.69 South Central Regional Wastewater Treatment Disposal Board (per 1,000 gallons) hS~SS .9170 hH94 1.1463 Note: For those nonresidential/commercial units where water service is not available, the capacity and commodity charges shall be determined by unit classification standards for water usage. Section 3. That should any section or provision of this ordinance or any portion thereo f, 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. 1989. Section 4. That this ordinance shall become effective October l, PASSED AND ADOPTED in regular reading on this the day of session on second and , 1989. final ATTEST: MAY 0 R City Clerk First Reading Second Reading - 2 - Ord. No. 57-89 .. M E M 0 RAN DUM TO: Robert A. Barcinski Assistant City Manager/Community Services FROM: ~ David M. Huddleston Director of Finance SUBJECT: SCRWTDB Rate Increase DATE: August 25, 1989 The South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) budget for fiscal year 1989-90 includes an increase in the wholesale user fee and additional pass-through expenses (see attached) which must be funded from the user charges. These are items not funded with general Water and Sewer operating revenues. The SCRWTDB budget is based on a total flow of 15 million gallons per day which factors to approximately 225 million gallons monthly for the City of Delray Beach. To attain the needed annual expense of $854,450, the direct pass~through must be at least $0.3165/1.000 gallons. The new rate schedule will be as follows: PRESENT NEW COMMODITY CHARGE* RATE RATE SCRWTDB Portion: Operation and Maintenance $0.4675 $0.4925 Ocean Outfall Purchase 0.0130 0.0130 Sinking Fund 0.0950 0.0950 Additional Pass-throughs 0.0000 0.3165 Total SCRWTDB Portion $0.5755 $0.9170 City Portion $0.5500 $0.5500 Total Commodity Sewer Rate $1.1255 $1.4670 PERCENT INCREASE 5% 59% 30% *Based on Metered Water with a Maximum of 10,000 Gallons to Residential Users. NOTE: Outside City Residents are Charged an Additional 25%. A draft of the revised ordinance reflecting the increased pass-through costs is attached. These rates should become effective on October 1, 1989. DMH/jw/sam cc: Malcolm T. Bird, Interim City Manager William H. Greenwood, Director of Public Utilities Susan Ruby, Assistant City Attorney Jan Williams, Acting Utility Billing Manager , f ATTACHMENT A SCRWTB ANTICIPATED PASS-THRU EXPENDITURES TO BE FUNDED BY DELRAY BEACH BUDGETARY AMOUNTS FOR ENGINEERING AND LABORATORY SERVICES FISCAL YEAR 1990 AUGUST 17, 1989 TOTAL DELRAY'S PROJECT DESCRIPTION COST COST 1. ODOR CONTROL AND EFFLUENT PUMP STATION $ 897,500 $ 448,750 2. BIOTOXICITY 250,000 125,000 3. PRETREATMENT PROGRAM A. ANNUAL REPORT/TECHNICAL ASSISTANCE 20,000 10,000 B. EVALUATION OF LIMITS 15,000 7,500 4. MISCELLANEOUS PROJECTS A. BULK CHEMICAL STORAGE 25,000 12,500 B. SOLIDS HANDLING - ODOR CONTROL 30,000 15,000 C. SLUDGE DISPOSAL 15,000 7,500 D. ACCESS ROAD 7,000 3,500 E. CHLORINATION/DECHLORINATION 75,000 37,500 5. GENERAL CONSULTING 10.000 5,000 6. CONTINGENCY 200,000 100,000 7. MESSER, VICKERS, CAPARELLO, FRENCH & MADSEN (ATTORNEYS FOR TOXICITY LEG) 20,000 10,000 8. CHLORINE FOR ODOR CONTROL 67,500 33,750 , 9. CAPITAL ASSETS 69,400 34,700 10. O&M MANUAL PRODUCTION 7,500 3,750 TOTALS $1,708,900 $ 854,450 #LtlZ- _<:tl/ ~.._ WILLIAM H. GREENWOOD ..J .,./;~/.,.,. ,,/ / ATTACHMENT B SCRWTB ANTICIPATED COSTS TO BE FUNDED FROM SCRWTB SINKING FUND ENGINEERING SERVICES FISCAL YEAR 1990 AUGUST 17, 1989 TOTAL DELRAY'S PROJECT DESCRIPTION COST COST 1. REFURBISHMENT, REPAIR AND REPLACEMENT A. CLARIFIERS $ 40,000 $ 20,000 B. EFFLUENT PUMP STATION - ROOF 1,000 500 C. SOLIDS HANDLING PROCESS 55,000 27,500 D. PLANT A, AERATION BASIN 3,000 1,500 E. ADMINISTRATION BUILDING - ROOF 1,000 500 TOTALS $ 100,000 $ 50,000 {t)j&,_:.._ /J( $ ,,~- ..-./J'8'/lrr~r WILLIAM H. G'KEENWOOD , ORDINANCE NO. 58-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 11 7 . 02, "PERMIT FEES", TO PROVIDE FOR MODIFICATIONS TO THE PERMIT FEES; 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 l. That Chapter l17, "Landlord Permits", Section 117.02, "Permit fees", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Applications for a landlord permit shall be available through the Building Department. The annual permit fee shall be .ii~e $11.50 per unit. Such permit shall be for one year from the date of issue on November 1 of each year, with the fee to be prorated quarterly. Section 2. That should any section or prov~s~on 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 3. That this ordinance shall become effective October 1, 1989. PASSED AND ADOPTED in regular reading on this the ____ day of session on second and , 1989. final ATTEST: MAYOR City Clerk First Reading Second Reading \~ ORDINANCE NO. 59-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULATIONS", OF THE CODE OF ORDINANC- ES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 150, "BUILDING REGULATIONS", "MOVING BUILDINGS", SECTION 150.062, "PERMIT FEE", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEE FOR MOVING BUILDINGS; BY AMENDING CHAPTER 150, "BUILDING REGULATIONS", "BUILDING CODE", SECTION 150.016, "AMENDMENTS AND ADDITIONS TO CODE" , SUBSECTION 107.4, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (e) (I), (c) (II), (c) (III), (c) (IV), (c) (V), (c) (VI), AND (c) (IX), TO MODIFY PERMIT FEES FOR NEW BUILDINGS AND ADDITIONS, MISCELLANEOUS PERMITS, SUB TRADE PERMITS, PERMIT FEES FOR LONG-TERM PERMITTING, PERMIT FOR MOVING OF BUILDING OR STRUCTURE, PERMIT FOR DEMOLITION OF BUILDING OR STRUCTURE, AND CERTIFICATE OF OCCUPANCY; BY AMENDING CHAPTER 157, "GAS CODE", SECTION 157.02, "AMENDMENTS AND ADDITIONS TO CODE" , SUBSECTION l13. 4 , "SCHEDULE OF PERMI T FEES", SUBPARAGRAPHS (a) AND (cl, TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING CHAPTER 160, "MECHANICAL CODE", SECTION 160.02, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 106.3, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (a) AND (c), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING CHAPTER 161, "PLUMBING CODE", SECTION l61.02, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 113.4, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (al AND (el, TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING CHAPTER 164, "WELLS; SPRINKLER SYSTEMS", "WELLS FOR POTABLE WATER", SECTION 164.19, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES FOR DRILLING OR DRIVING A POTABLE WELL; BY AMENDING CHAPTER l64, "WELLS; SPRINKLER SYSTEMS", "WELLS FOR NONPOTABLE WATER; SPRINKLER SYSTEM", SECTION 164.36, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES FOR DRILLING OR DRIVING A NONPOTABLE WELL AND SPRINKLER SYSTEM; BY AMENDING CHAPTER 155, "ELECTRICITY", "PERMITS AND INSPECTIONS", SECTION 155.l8, "PERMIT FEES", SUBSECTIONS (AI AND (CI, TO PROVIDE FOR AN INCREASE IN PERMIT FEES; BY AMENDING CHAPTER 150, "BUILDING REGULATIONS", "TEMPORARY STRUCTURES; TENTS", SECTION 150.102, "PREREQUISITES TO APPROVAL; PERMITTED USES", SUBPARAGRAPH (CI (II (aI, TO PROVIDE FOR AN INCREASE IN PERMIT FEE; BY AMENDING CHAPTER 159, "LANDSCAPING", "TREE AND SHRUB REMOVAL AND PROTECTION", SECTION 159.51, "PERMIT FEES FOR TREE REMOVAL, SHRUB CLEARING", TO PROVIDE FOR AN INCREASE IN PERMIT FEES; AND BY AMENDING CHAPTER 162, "SIGNS AND BILLBOARDS", "PERMITS", SECTION 162.024, "PERMIT FEES", SUBPARAGRAPH (AI, TO PROVIDE FOR AN INCREASE IN PERMIT FEES; PROVIDING A SAVING CLAUSE; PROVID- ING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: \g Section 1. That Title xv, "Building Regulations", Chapter 150, "Building Regulations", "Moving Buildings", Section 150.062, "Permit Fee", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: .The application for a moving permit shall be accompanied by a fee in the amount of 'ZflJUSfIJ $3l7.60, which fee shall be nonrefundable. Section 2. Tha t Title XV, "Building Regulations", Chapter l50, "Building Regulations", "Building Code", Section 150.016, "Amendments and Additions to Code", Subsection 107.4, "Schedule of Permit Fees", Subparagraphs (c) (I), (c) (II), (c) (III), (c) (IV), (c) (V), (c) (VI), and (c) (IX), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (c) For additions, remodeling, or. partial contracts, the building department will accept signed contracts between the owner and contractor as evidence of construction costs or in lieu thereof will determine costs using Means Cost Estimating Publica- tions. I. Permits for new buildings and addi- tions. A. Permit fees include: 1. Building 2. Electric 3. Plumbing 4. Mechanical 5. Roof B. Single permit fee for the above will be: 1. Minimum fee: Uil1rJ $38.10 plus 'X7/if/J $l8.50 per required inspection. Total valuation: $1,000 or less. 2. Construction over $1,000 of value: The fee shall be 'Z61ZfIJ $38.l0 plus 'l!IlfIJ $l2. 7 0 for each additional $1,000 of value over $1,000 or portion thereof. II. Miscellaneous permits. Miscellaneous permits include driveways, fences, reroofs, pools, utility sheds, patios, sidewalks. A. Single miscellaneous permit fee will be: 1. Minimum fee: ,-zil1rJ $26.55 plus 'X7/ifIJ $l8.50 per required inspection. Total valuation: $l,OOO or less. building - 2 - Ord. No. 59-89 2. Construction over $l,OOO of value: The fee shall be $!5/Z0 $26.55 plus $8/80 $9.25 for each additional $1,000 of value over $1,000 or portion thereof. III. Sub trade permit. A. Sub trades for, but not limited to: l. Sitework 2. Structural pest control 3. Underground fuel tanks 4. General construction 5. Subcontracts for general construction B. Minimum fee: UIiH $3S.10 plus $I71'0 $18.50 per required inspection. Total valuation: $1,000 or less. C. Construction over $1,000 of value: The fee shall be $1,/1g $38.10 plus $2112g $25.40 for each additional $1,000 of value over $1,000 or portion thereof. IV. Permit fees for long-term permitting. The permit fee shall be based on $I21I0 $12.70 per $l,OOO construction cost and shall be paid at the begin- ning of the yearly period. Within 45 days after the end of the yearly period, the business shall present to the city a statement of actual costs and shall remit to the city, or receive a credit for the difference between the project fees due and the actual fees due based on actual construction. The holder of the long-term permit shall comply with section 10S.2(c) regarding inspections for general construction work and shall call for final inspections for electrical and mechanical work for small projects. V. Permit for moving of building or structure. For the structure, $317.60. moving of any building or the fee shall be #302/30 VI. Permit for demolition of building or structure. For the demolition of any building or structure, the fee shall be $'0/50 $63.50. : - 3 - Ord. No. 59-S9 IX. Certificate of Occupancy. (1) For the issuance of an additional certificate of occupancy, the fee shall be $6Di3~ $63.50. (2) For the issuance of a temporary certificate of occupancy, the fee shall be $SSli3~ $629.50. Section 3. That Title XV, "Building Regulations", Chapter 157, "Gas Code", Section 157.02, "Amendments and Addi- tions to Code", Subsection 113.4, "Schedule of Permit Fees", Subparagraphs (a) and (c), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (a) There shall be a minimum fee of 'l'IIg $38.10 for $l,OOO.OO or less in construc- tion value plus $11i6~ $18.50 per required inspection. The fee shall be $J6i6g $38.10 plus 'Z'iZg $25.40 for each additional $l,OOO.OO of construction value over $1,000.00 or portion thereof as determined by the building department or by evidence of a signed contract between the owner or his agent and contractor. (c) Long-term permit fee. The permit fee shall be based on UUU $12.70 per $1,000.00 construction cost and shall be paid at the beginning of the yearly period. Within forty-five (45) days after the end of the yearly period, the business shall present to the city a statement of actual costs and shall remit to the city, or receive a credit for the difference between the projected fees due and the actual fees due based on actual construction. The holder of the long-term permit shall comply with Section 108.2(c) regarding inspections for general construction work and shall call for final inspections for electrical and mechanical work for small projects. Section 4. That Title XV, "Building Regulations", Chapter 160, "Mechanical Code", Section 160.02, "Amendments and Addi tions to Code", Subsection 1 0 6 . 3, "Schedule of Permi t Fee s" , SUbparagraphs (a) and (c), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (a) There shall be a minimum fee of '11ng $38.10 for $1,000.00 or less in construc- tion value plus '11i6~ $18.50 per required inspection. The fee shall be 'J6iJg $38.10 plus $Z"Zg $25.40 for each additional $1,000.00 of construction value over $1,000.00 or portion thereof as determined by the bUilding department or by evidence of a signed contract between the owner or his agent and contractor. - 4 - Ord. No. 59-89 (c) Long-term permit fee. The permit fee shall be based on UZiU $12.70 per $1,000.00 construction cost and shall be paid at the beginning of the yearly period. Within forty-five (45) days after the end of the yearly period, the business shall present to the city a statement of actual costs and shall remit to the city, or receive a credit for the difference between the projected fees due and the actual fees due based on actual construction. The holder of the long-term permit shall comply with section 108.2(c) regarding inspections for general construction work and shall call for final inspections for electrical and mechanical work for small projects. Section 5. That Title XV, "Building Regulations", Chapter 161, "PlUmbing Code", Section 161. 02, "Amendments and Addi tions to Code", Subsection 113. 4 , "Schedule 0 f Permi t Fee s" , SUbparagraphs (a) and (c), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (a) There shall be a minimum fee of '11/1g $38.10 for $1,000.00 or less in construc- tion value plus '11i60 $18.50 per required inspection. The fee shall be 'Z6iZg $38.10 plus '2"20 $25.40 for each additional $1,000.00 of construction value over $1,000.00 or portion thereof as determined by the bUilding department or by evidence of a signed contract between the owner or his agent and contractor. (c) Long-term permit fee. The permit fee shall be based on UZiU $12.70 per $1,000.00 construction cost and shall be paid at the beginning of the yearly period. Within fortY-five (45) days after the end of the yearly period, the business shall present to the city a statement of actual costs and shall remit to the city, or receive a credit for the difference between the projected fees due and the actual fees due based on actual construction. The holder of the long-term permit shall comply with section 108.2(c) regarding inspections for general construction work and shall call for final inspections for electrical and mechanical work for small projects. Section 6. That Title XV, "Building Regulations", Chapter 164, "Wells; Sprinkler Systems", "Wells for Potable Water", Section 164.19, "Permit Fees", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Permit fee to be charged by the city for drill- ing or driving a potable well is '60iSg $63.50. Section 7. That Title Xv, "BUilding Regulations", Chapter 164, "Wells; Sprinkler Systems", "Wells for Nonpotable Water; Sprinkler System", Section 164.36, "Permit Fees", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: - 5 - Ord. No. 59-89 Permit fees to be charged by the city are as follows: Permit fee for drilling or driving a well shall be UfJiU $63.50; and a permit fee for a sprinkler system, minimum, shall be "0iJ~ $63.50; plus 'ZllZ~ $12.70 per $1,000.00 of construction costs above $1,000.00. Section 8. That Title XV, "Building Regulations", Chapter 155, "Electricity", "Permits and Inspections", Section l55.18, "Permit Fees", Subsections (A) and (C), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (A) There shall be a minimUm fee of '111111 $38.10 for $1,000 or less in construction value plus '1~i'0 $18.50 per required inspection. The fee shall be '3~i311 $38.10 plus 'l'Il~ $25.40 for each additional $1,000 of construction value over $1,000 or portion thereof as determined by the building department or by evidence of a signed contract between the owner or his agent and contractor. (C) Long-term permit fees. (I) The permit fee shall be based on 'ZllZ~ $12.70 per $l,OOO construction cost and shall be paid at the begin- ning of the yearly period. Within 45 days after the end of the yearly period, the business shall present to the city a statement of actual costs and shall remit to the city, or receive a credit for the difference between the projected fees due and the actual fees due based on actual construction. The hOlder of the long-term permit shall comply with section 108.2(c) regarding inspections for general construction work and shall call for final inspections for electrical and mechanical work for small projects. (2) To secure an electrical permit for a state-approved modular home, the fee for building the service shall be U6H0 $38.10. Section 9. That Title XV, "Building Regulations", Chapter 150, "Building Regulations", "Temporary Structures; Tents", Section 150.102, "Prerequisites to Approval; Permitted Uses", Subparagraph (C) (1) (a), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (e) BUilding Department. (1) Permit to erect and dismantle struc- ture. (a) Permit fee of '77/1111 $57.75. - 6 - Ord. No. 59-89 Section 10. That Title XV, "Building Regulations", Chapter 159, "Landscaping", "Tree and Shrub Removal and Protec- tion", Section 159.51, "Permit Fees for Tree Removal, Shrub Clearing", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 159.51 PERMIT FEES FOR TREE REMOVAL, SHRUB CLEARING. (A) Tree removal permit fee. There shall be paid to the Building Department a permit fee of 'I~/i~ $17.30 for each tree removed. Where a tree has died due to natural causes, including disease, lethal yellow- ing, freezing temperatures, lightning and storms, inspection and permit shall be required as herein provided, but the permit fee shall be waived. (B) Shrub clearing permit fee. In the case of an application for clearing of shrub vegetation only, there shall be paid to the BUilding Department a fee commensurate with the acreage involved in accordance with the following schedule: Acreage Fee 1 2 - 5 6 - 10 11 - 20 Over 20 'Ii $ 5.25 III $lO.50 U $15.75 H $26.25 li/~I~'/1I/t0t/e~iM add!U<tlJl~Z/~ite $26.25 plus $1.05 for each additional acre Section 11. That Title XV, "Building Regulations", Chapter 162, "Signs and Billboards", "permits", Section 162.024, "Permit Fees", Subparagraph (A), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (A) Permit fee. It shall be unlawful for any person to post, display, alter, or erect within the city a sign or sign structure unless otherwise excluded by the terms of this subchapter without first having paid a permit fee to the city at the office of the BUilding Official. The permit fee shall be collected when the sign permit application is submitted, based on the following schedule of rates: (1) Non-electrical signs shall be calcu- lated on the basis of 'Zi~~ $1.50 per square foot of sign face. (2) Electrical signs shall be calculated on the basis of 1111111 $1.50 per square foot of sign face plus $10.00. Section 12. 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. - 7 - Ord. No. 59-89 Section l3. That this ordinance shall become effective on October 1, 1989. PASSED AND ADOPTED final reading on this the in regular session on day of second and , 1989. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 8 - Ord. No. 59-89 ORDINANCE NO. 60-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER lOl "PARKS, BEACHES, AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 101.35 "STORING BOATS", SUBSECTION (F) TO PROVIDE FOR AN INCREASE IN STORAGE FEE: PROVIDING A SAVINGS CLAUSE, PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section of the amended Section 1. That Chapter 101 "Parks, 101.35 "Storing Boats", Subsection (F) City of Delray Beach, Florida, be, to read as follows: Beaches and Recreation", of the Code of Ordinances and, the same is hereby (F) The permit fee to be submitted with the application shall be $rrS7Se $200.00. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent juriSdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That this ordinance shall become effective October 1, 1989. PASSED AND ADOPTED in regular reading on this the ____ day of session on second and , 1989. final ATTEST: MAY 0 R City Clerk First Reading Second Reading ~D ORDINANCE NO. 61-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101 "PARKS, BEACHES, AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 101.01 "CHARGES FOR USES OF TENNIS CENTER", SUBSECTION (A) "ANNUAL MEMBERSHIPS", SUBSECTION (B) "SEMIANNUAL DUES" AND SUBSECTION (C) "DAILY COURT FEES", TO PROVIDE FOR AN INCREASE IN CHARGES, PROVIDING A SAVINGS 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 10l "Parks, Beaches and Recreation", Section 101. 01 "Charges for Uses of Tennis Center", Subsection (A) "Annual Memberships" of the Code of Ordinances of the City of Delray Beach, Florida, be, and, the same is hereby amended to read as follows: (A) Annual memberships, plus tax. Resident Nonresident Junior (l8 and under) $-~~~&& $ 34.50 $-55~&& $ 58.00 $-99~&& $104.00 $%65~ee $l73.00 $%4~~ee $150.00 $~~%~ee $243.00 Single Family Regardless of the date upon which an individual or family elect to become members of the City Tennis Center, the annual membership fee must be paid in full and will not be prorated. Section 2. That Chapter lOl "Parks, Beaches and Recreation", Section 101.01 "Charges' for Uses of Tennis Center", Subsection (B) "Semiannual Dues" of the Code of Ordinances of the City of Delray Beach, Florida, be, and, the same is hereby amended to read as follows: (B) Semiannual dues. Resident Nonresident Junior (l8 and under) $-~~~5e $ 29.00 $-4hee $ 46.00 Single $--H~5e $ 75.00 $-99~ee $104.00 Family $-9~~5e $ 98.00 U54~ee $162.00 ~l Section 3. That Chapter 101 "Parks, Beaches and Recreation", Section 101.01 "Charges for Uses of Tennis Center", Subsection (C) "Daily Court Fees" of the Code of Ordinances of the City of Delray Beach, Florida, be, and, the same is hereby amended to read as follows: (C) Daily court fees. Resident Nonresident Junior (18 and under) S--~~65 $ 1.75 $--3~3e $ 3.50 $--~~~5 $ 3.00 $--4~4e $ 4.50 Single 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. l, 1989. Section 5. That this ordinance shall become effective October PASSED AND reading on this the ADOPTED in day of regular session on second , 1989. and final MAY 0 R ATTEST: City Clerk First Reading Second Reading -2- Ord. No. 61-89 MEMORANDUM TO: Robert A. Barcinski Assistant City Manager/Community Services FROM: C) David M. Huddleston Director of Finance SUBJECT: Proposed Fee increases for Fiscal Year 1989-90 DATE: August 24, 1989 The tentative 1989-90 budget provides for the following rate increases: 1. Ad Valorem Taxes: The millage rate has tentatively been set at 6.2000 mills or 2/10 of one mill over the current 6.0000 mill rate. The Property Appraiser's Office was notified on July 28, 1989 of a millage rate of 6.5000 subject to the tentative and final public budget hearings. The City needs to notify the Property Appraiser's Office of ~he millage rate which is established after the final public hearing. 2. Permits Fees: Line items 322-10.00 through 329-35.00 reflect a 5% increase in current fees. Development Services should provide a draft copy of the ordinance changes that will be necessary in order to implement this 5% increase. 3. Beach Parkin~ Permits: These are tentatively scheduled to increased from $25.00 to $35.00. be 4. Parks and Recreation Fees: Line items 347-21.00 through 347-40.00 are scheduled for an approximate 5% increase which is to provide an additional $17,200 in revenue for fiscal year 1989-90. The Parks and Recreation Department should draft an ordinance and/or administrative policies and procedures which will implement the appropriate increases. I 5. City Marina: The budget anticipates that an in-house rate study will be conducted. Direction should be provided as to which department or individual will be responsible for this study. 6. Sanitation Fees: The 1989-90 budget provides for the contractual fee increase for the various service types. Attached is a copy of the ordinance which should be approved during the two public hearings in September. These fee increases are required under the contractual agreement with our current operator. 7. Water and Sewer Fees: A fee increase is anticipated effective October 1, 1989 to provide for the South Central Regional Wastewater Treatment and Disposal Board pass-through fee. A memorandum is attached which outlines the fee increase. The City Commission should consider approval of an ordinance to increase this fee at their two September meetings. n \ - ~D - ~ \'1- hl- . f. Robert A. Barcinski, Assistant City Manager/Community Services Page Two August 24, 1989 The budget also anticipates a Water and Sewer Rate Study to be conducted during fiscal year 1989-90. It was the Administration's original recommendation that the Water and Sewer Rate Study be conducted after the completion of the Water and Sewer Master Plan. However, based on needs to support an additional 1990 Water and Sewer Bond Issue, I would recommend that the Water and Sewer Rate Study be initiated so that it may be completed during the second quarter of fiscal year 1989-90. The current audit agreement contract with Ernst and Young provides, under Section B.l., that the City may engage Ernst and Young to perform additional services at the rate established within this agreement. Subject to City Manager recommendation and City Commission approval, we could commence negotiations with Ernst and Young to perform this study. The previous Water and Sewer Rate Study was conducted by our auditors as it was felt that the familiarity of our auditing the City and its operations should realize a cost savings. previous firm with 8. Storm Water Drainage Fees: The budget provides, under line item 382-42.00, General Fund revenues of $288,000 to be received from the implementation of a Storm Water Drainage Utility Fee. P..~ n .ll_7 S9RUR ap~ Ta~-~g~n are currently involved in a study to provide a needs assessment and cost allocation fee for the Storm Water Drainage Program. It is anticipated that this fee will commence June 1, 1990. Any delay in the implementa~ton of this fee would cause a reduction of General Fund revenues of approximately $72,000 per month. J::t-.. 9~ DMH/sam Attachments cc: Malcolm T. 'Bird, Interim City Manager John W. Elliott, Jr., Assistant City Manager/Management Services Frank Spence, Director of Development Services Yvonne Kincaide, Budget Director Joe Weldon, Parks and Recreation Director o. i , i , i.-. , ,"'~:':";':.;e ~.:':. ,..,~. 'WI '';:':':-.::'.Ii...'__~,-... ;~ 0~DINANCE NO. 62-89 AH ORDIlJANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORJI:S", CHAPTER 51, "GARBAGE AND TRASH", SUB- HEADING, "SPECIAL REFUSE DISPOSAL PROBLEMS", BY F.NACTING .1), NEW SECTION 51. 59, "RECYCI.ING BINS AND CONTAINERS", TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY UNAUTHORI ZED PERSON OR AGENT TO REMOVE ARTICLES OR OTHERWISE DISTURB MATERIALS IN THE C1TY'S RECYCLING BINS, OR TO REMOVE, DAMAGE, OR DESTROY SAID RECYCLING BINS, OR TO REMOVE ARTICLES OR OTHERWISE DISTURB MATERIALS IN CURBSIDE RECYCLING CONTAINERS, OR TO REMOVE, DAMAGE OR DES'nWY CURB RECYCLING conTAINERS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Subheading, "Special Refuse Disposal Problems", of the Code of Ordinances of the City of Delay Beach, Florida, be and the same is hereby amended by enacting a new Section 51. 59, "Recycling Bins and Containers", to read as follows: :'>9.59 RECYCLING BINS AND CONTAINERS It shall be unlawful for any unauthorized person or agent to remove articles or to otherwise disturb materials in the City's recycling bins or to remove, damage or destroy said recycling bins. Tt shall be unlawful for any unauthorized. person or agent to remove articles or otherwise disturb materials in curbside recycling containers, or to remove, damage or destroy curbside recycling containers. Secticm 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity or the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ____ day of , 1989. MAYOR ATTEST: City Clerk FiJ::st Reading 3~cond Reading :)~ M E M 0 RAN DUM TO: Malcolm T ~ I3:i.rd Interim City Manaae~ FROM: a9 L Robe..-t ~Acting DATE: August E. ~3EiVi:H..lf: D.i(ec::tDI"~ D+ F'ublic (,iJor-ks 29. 19fj'.i SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - ~9-12-1989 RECYCLING DPD IN{~NCE- "n,MF'ER ING WITH I":ECYCL.ING MAIER I ;;LS. B I i~S elF: CUN rl'-I I NERS" . Ac t!.O'l City Commission Title V. "Public headinq "Special is requested to approve an ordinance amending WC::'J'-~::S" ~ Chapter 51. "Gar~bage and Trashll, sub- He.fusE- Di~.:.pDsal Problemsll. I;<,..<:::t.\l..r.g~ID\t The City has been conductirlq a pilot c~rbside recycling program which began in April and will evolve into a City wide program commencing October 1. 1989. [)urinq the course of the pilot program the City and it's contractor, Waste Management Inc.. have received numerous calls from citizens reporting stolen recycling bins and/or materials being removed from the bins prior to being picked up by our contractor. OLlr contractual agreement indicates that all recyclable materials placed in the bins are the prooerty 0+ the City. It also addresses the responslbillty for the r"ecyclinq bins. rht-:? enac:tm~?nt of i"::ln Drdinanct? wll1 legitim:i.;u:<? the City's claim to the materials and ma~(e it ufllawflJl to tamper with either the containers or their" contents. R.<;'.<:::9i])JIt<;'D.9,.j;j..90. Staff recommends approval of 'the Ordinance making it unlawful for any unauthorized person or agent to remove articles or otherwise distLtr'b materials in the C:itv 5 rec:yclirlg birls. HE~:J/rMes . ~ . [IT' DF DElRA' BEA[H 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 MEMORANDUM TO: City Commission and City Attorney FRO~ Mayor Campbell DATE: September 8, 1989 SUBJECT: Pay Increase - City Attorney I have attached a salary survey obtained from the Florida League of Cities for City Attorneys. We need to consider a pay increase for the City Attorney as part of our budget deliberations. It is my intent, as I have previously indicated, to grant a pay increase to the City Attorney as a combination of a base salary increase and a bonus. I ask Commissioners to think about an amount. I request that we consider a pay increase/bonus equal to what an above average employee would get as a performance increase. This would be an increase between 5% and 6%. DSC/rab/sfd THE EFFORT ALWAYS MATTERS f)Gf:. d3 SALARY SURVEY OF CITY ATTORNEY AND ASST. CITY ATTORNEY (Information provided by Florida League of Cities _ Current 1988-89) CITY ASST. CITY ATTY. CITY ATTORNEY ==-==-===-====_=============8====_=====_=======_=====_=_______g=_==_ Delray Beach o - 48,963 Ft. Lauderdale 57-866 - 85,904 Pompano Beach o - 37,725 Hollywood 36.019 - 49,425 Hallandale 34,661 - 43.287 o - 73,528 o - 63,000 o - 59,439 o - 57.000 o - 73.325 *Actual - 38.260 Hialeah 24-258 - 56,472 *No change from last year. 62,712 - 93,288 West Palm Beach 29,015 _ 53.081 48,338 - 74.712 Pensacola 30,000 - 65,000 30.000 - 65.000 St. Petersburg o - 73,478 (actual) o - 85.358 (actual) Boca Raton o - 46,654 o - 68,036 Sunrise 32,123 - 43,201 90,618 Boynton Beach 68,000 School Board ~ 88,900 75,800 Daytona Beach Orlando 90,000 [ITY DF DELARY BER[H 100 N,W. 1st AVENUE DELRAY BEACH, FLDRIDA 33444 4071243-7000 MEMORANDUM TO: Honorable Mayor and City Commission FROM:~~Malcolm T. Bird, Interim City Manager DATE: September 8, 1989 SUBJECT: Authorization for Development and Mailing of Bond Issue Informational Items Action Commission is requested to authorize staff to prepare informational material for the November Bond Issue, to include newspaper advertisements and mailings to taxpayers, and approve funding in the amount of $ 15,000.00. Funding will be provided from City Commission Contingency Account #001-6511-591-90.11. Current balance of this fund is $35,000.00. MTB/rab/sfd THE EFFORT ALWAYS MATTERS , I ;~"":_~,.,tit.~. ....._~.. -........~,~..,. .. . I , ..~ -;r~-- - ~I '--.~. '.~ :w ~. '* !- -~ " 63rd Annual Convention Florida League of Cities, Inc. October 12-14, 1989 Jacksonville It is important that each member city that will be sending delegates to the Annual Convention of the Florida League of Cities. designate one of their officials to cast their votes at the Annual Business Session. League B y-Law5 require that each city select llIIl: person to serve as the city's voting delegate. Please fill out this form and return it to the League office 50 that your voting delegate may be properly identified. Designation of Voting Delegate NAME OF VOTING DELEGATE: TI1LE: CITY OF: AUTHORIZED BY: Return form to: Florida League of Oties. Inc. Post Office Box 1757 Tallahassee. Florida 32302-1757 . .. t .25 ~ MEMORANDUM TO: FROM: MALC~~B..IR~ /N~:M C~:Y_ MANAGER FRANK . SPENCE, DIRECTOR, DEVELOPMENT SERVICES SUBJECT: APPOINTMENT OF PINEAPPLE GROVE SCULPTURE SELECTION COMMITTEE DATE: SEPTEMBER 6, 1989 ----------------------------------------------------------------- BACKGROUND At the Commission Meeting of August 22, 1989, Commission requested John McKenna, Chairman, of the Beautification Task Force to recommend nominees for the Pineapple Grove Sculpture Selection Committee, which would be part of the overall beautification plan for upgrading Pineapple Grove Way which Commission approved at this same meeting. Commission requested that consideration should be given to having a broad representation on the Committee with members from the staff, Beautification Task Force, Pineapple Grove Support Group, a sculptor and possibly a member from Atlantic High School or one of the colleges. With that in mind it is recommended that the following people be appointed: Frank R. Spence, Chairman, City Staff Nancy Earnhart, Beautification Task Force Dottie Patterson, Pineapple Grove Support Group Genia Howard, Art Department Head, Atlantic High School Richard Beaulieu, Sculptor BACKGROUND OF CANDIDATES: Frank R. Spence. City Staff. Has previously participated in selection of works of art for the City of Miami Beach, under Dade County's Art in Public Places Ordinance. Nancy Earnhart. Beautification Task Force. Indiana University majoring in Studio Art. Teacher with strong interest in sculpture. Graduate of Former Art Dottie Patterson. Pineapple Grove Support Group. B.A. Degree in Arts, FAU. Has studied and taught various art classes and exhibited at galleries. Currently Interior Designer and Impressionist style painter. Genia Howard. Head of the Art Department. Atlantic High School. Richard Beaulieu. Currently teaches sculpture in his own studio in Boynton Beach. After the Committee is appointed they will meet to develop procedures for advertising and selecting a final list of recommended sculptors for consideration and final approval by the City Commission. RECOMMENDATION It is recommended that the five above named individuals be appointed to the newly created Pineapple Grove Sculpture Selection Committee. FS:kwg ~~ MEMORANDUM TO: Honorable Mayor and City Commission FROM:~Malcolm T. Bird, Interim City Manager SUBJECT: APPOINTMENTS TO CITY MANAGER SELECTION COMMITTEE DATE: September 8, 1989 Backgro~nd At your last workshop, City Commission agreed to appoint a seven member Screening Committee to assist in the selection of a City Manager. The committee will consist of five (5) citizens unanimously approved by the Commission and two (2) prOfessionals (City Managers or retired City Managers). Commissioners were requested to submit a list with the names of citizens to serve on this Committee. Staff was requested to solicit city Manager candidates to serve. The following managers have been contacted and have agreed to serve on this Committee: Ray Howland - Retired city Manager/North Palm Beach, Florida Richard G. Simmons - City Manager/Davenport, Florida Peter Chaney Interim Assistant City Manager/Boca Raton, Florida Action city Commission is requested to appoint members to the city Manager Selection Committee. MTB/rab/sfd ~7 . SEP 07 '89 12:22 f BOCA RATON 407 997 0372 P,l .'i!:,W.\> . 7,",,,:,-,~~~:Y"'j~.::~,,~ r....., [ITY OF DElRRY 8ER~L::~~ ./ 100 N,W. h, AVENUE OELRA Y eeACH, FLORIDA 33444 JOe/243.700l *** MEMORAMDUM *** i( J:,' C SEp !? If? /:' ,.., C/ly M ? 1989 1J/I,ij,) '" ...,t:fT'~ .) OrF/~( TO: Malcolm Bird ~ FROM: Trish Brainerd DATE: September 7, 19S9 RE; NOMINEES FOR BLUE RIBBON COMMITTEE ks'requested during our commission meeting on TUesday, please find below my list of nominees tor Consideration in regard to the Blue Ribbon Committee for City Manager short list selection: Dave Nathanson Virginia Cady-Schmidt sill Maher sill wallace Herb Thiele Digby Bridges Ken Ellingsworth Dale Morrison Alice Finst Sam Schwimmer THE EFFORT AI.WAYS MATTERS ~./~ I I j 1 1 II " r r r , ~ .. . "i,tt: ...!,:i,:: . PLEASE ADD THE FOLLOWING NAMES TO TO L~.'1'f~,~E$ ,ik,1JQPLE ","'!'l:r~, "'':i_',~"... THAT ARE BEING CONSIDERED TO SERVE ON ~f~x~~~ijiK smARCH :,qjf!:; .. . .;~' .,.. I;}:;~~. ji:r ':.,:i~. "'1~,l;\> !~" t. :':'" ~~~ ~ 'RQ 3:09 I BI'1 BI:II:H LI~IE:t: I ~'::."~ DATE, :~f~:;~ " ~::.~,.;~":" ,'''", ;-"" ""';\'. SEPTEMBER 08, 1989 '.', . TO: .';::,,: . ,~;.-~" }If;' MALCOM BIRD INTERIM CITY MANAGER . ,'!< "',' , "', ~"t~;:;':" \~i ,"'.~'-: ,~Mj ':<:::'::~~.;,;:': ,.;)t FROM: JIMMY WEATHERSPOON COMMITTEE, ROSETTA ROLLE 1:; RAY G,ARNER SAM SWIMMER 'E'<':'I":';:;~" ."'.','1;"'(\.. '...,. ,~~ ',::. \'&ji, .. 'iJ!l: .:.'::""';,~i:,~ ,'. ,:~~~ '::,:'''.'.:;::~f.f~ 'n ":;:'.:""~JW ..';:~1~ ',' ~:";'~{ ~bt ':"..',.7':'~$j ,,:~~;~:~> ':; .':J;,t: ::"~:::':f&. ',."';:',,;/,'(' .i':t~. ;~~;~;\; . ',,:... " ~. ',' ,:.' ":"fji~{ '.;:1+:; ';.',t:.;.~ ~"~;.:!., SPENCER POMPEY TONY SMITH LEO BLAIR , ' THANKS, JIMMY WEATHERSPOON r;~.;:" .:,t;i'':'\ . ~'~,~:;J,~~" .,"':r~~ .';'it' ....Jt ;",f.f~ :j~:~ ,< .,1..~:.1.,. .",'..~ " '.,1i~~,~'".:~\, W;tt.' .rl':~~:,-':F, !,',.. F'H'~E . 0:' ,".' .\... ..,'.-' .:~,:,~. '..",4;;.., ~ ., ':": I ,~ <, ''':,',. ',"j.:. ."'r ");l~ ,. " , ' Xt,;:. ,t;>::, ., ";L'~; :""1'" ;,' ;"I.r:; .' "~Vt' ~:~ "j; ;.~.!(~ ':'~)i ;',,':--' .~\'; :- v" . r;~-!f. ~ ",I, J..:,'. '!i::1b-' :"7,1,.., .:''1' .1,~.~~': :;.. ',>I':.., ,'.'. "~llli>;';t;tf',:;t1li'i!i: ' ::::::......~~Ti.~;;','m';';;r-': MEMORANDUM TO: City Commission {I;'- tN Mary McCarty, Vice Mayor FROM: SUBJECT: NOMINEES FOR CITY MANAGER SEARCH COMMITTEE DATE: September 8, 1989 I. Leon'Weekes Qualifications Former Mayor Member of Search Committee for: Planning & Zoning Director Fire Chief United Way Executive Director Qualifications IBM Executive Recruitment Member of United Way Executive Director Search Committee President, Chamber of Commerce Qualifications Assistant County Administrator President, West Atlantic Property Owners Association 2. Bill Hazzard 3 . Tony Smith 4. Kathi Sumrall Qualifications Past Chairman, Planning & Zoning Served on Search Committee for P&Z Director 5. Ray Gerner Qualifications Retired City employee Civic Activist 6. Mike Plum Qualifications Past Kiwanis President President, Board of Realtors MM:nr [ITY DF DELRAY BEA[H 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000 TO: MAYOR AND CITY COMMISSIONERS FROM: COMMISSIONER ANDREWS RE: BLUE RIBBON PANEL FOR SELECTION OF CITY MANAGER SHORT LIST I HAVE SELECTED THE FOLLOWING PEOPLE BASED ON THEIR KNOWLEDGE OF THE CITIES NEEDS IN PARTICULAR AREAS AS IT RELATES TO THE KNOWLEDGE AND ABILITI~S OF THE CITY MANAGER TO WORK AND ADVANCE THE NEEDS OF THE AREAS OF INTEREST MOST PRESSING TO THE CITY. SGT. "BUMP" MITCHELL CITY EMPLOYEE, BLACK COMMUNITY, POLICE DEPT. LONG TERM RESIDENT, COMMUNITY RELATIONS BUSINESSMAN, RECREATIONAL PROJECTS, EDUCATION LONG TERM RESIDENT CHAIRMAN CRA, BUSINESSMAN, RE-DEVELOPEMENT CPA, CITIES FINANCIAL ADVISORY BOARD, DIR. OF BANK, BEACH RESIDENT, PAST PRES. OF CHAMBER OF COMMERCE LONG TERM RESIDENT PRINCIPLE ATLANTIC HIGH SCHOOL, EDUCATION UNDERSTANDS PUBLIC ADMINISTRATION BOB MILLER KEVIN EGAN TOM SM ITH CAROLE SHETLER THE EFFORT ALWAYS MATTERS MEMORANDUM TO: MALCOLM BIRD - CITY MANAGER FROM: IMPROVEMEN~ LULA BUTLER - DIRECTOR, COMMUNITY SUBJECT: REVISED JOB DESCRIPTION DATE: SEPTEMBER 7, 1989 Attached please find my proposed job description that has been revised to accommodate specific changes in my job function per our meeting last month. I am proposing to establish a "Redevelopment Assistance Committee" where I will function as the chairperson. The purpose of the Redevelopment Assistance Committee will be to review proposed redevelopment projects, provide consensus decisions on resolutions, alternatives and/or support for waiver to code requirements that would facilitate the project. The chairperson will also be responsible for reviewing and making formal recommendations to codes and ordinances directed at streamlining our review process. They will assemble, upon my request, to address specific projects as necessary. As the chairperson, I would be responsible for meeting with the Developer/Builder prior to the committee meeting for the specific purpose of identifying the project, problems and areas of concern. Projects may be brought to my attention either via referral from Planning and Zoning, City Manager, other department heads or direct contact. Project size or type is not limited (commercial, residential, renovations). The same will be presented to you for your consideration and direction. It will be the chairperson's responsibility to provide status of projects, problems, etc., to the City Manager on a timely basis. The Redevelopment Assistance Committee, in its new role, should reduce the amount of time it takes for a project to complete our current review process by working out problem areas earlier, the Developer/Builder will be given as much technical assistance as possible, to encourage good development. Developers will have the opportunity to meet with the Redevelopment Assistance Committee in a supportive environment, since the committee's sole purpose is to identify ways to facilitate the projects, if appropriate to the City's future. l , , c2~ . Revised Job Description September 7, 1989 Page 2 The team will consist of a minimum of 5 persons. It may be necessary at times to bring other technical staff in as necessary for specific problems, i.e. Utilities Director, Horticulturist, etc. A flow chart of the team is as follows: City ranager Chairperson I Redevelopment Assistance , Team j David Kovacs I Gates Castle r Frank Spence Jerry Sanzone I CRA* (lay person) * Could also be Chamber member. Would suggest CRA Board member on rotation basis. I will be allocating additional administrative assignments to division heads in order for the department to continue its current level of productivity and to maintain effective management of the same. LB:DQ Attachment D5 A:Lula.Job 1 . MEMORANDUM TO: Honorable Mayor and city Commission ~:lcolm Bird, Interim city Manager FROM: SUBJECT: PERFORMANCE REVIEW/COMMAND OFFICERS - POLICE DEPARTMENT DATE: September 8, 1989 Action City Commission is requested to discuss and authorize a method for a performance review of the command elements of the Police Department. Backqround Recent actions and activities of the Police Department have created negative publicity and concerns from the Commission and citizens. I have indicated to the Commission that we would pursue options for review of the department; in particular, the command element. The review would not address specific cases currently under investigation by other agencies, but would focus on the command element of the department. The review would include: a. a performance analysis of Command Officers, their attitudes and influences on the department; b. a review of command structure; c. an analysis of performance relating to recommendations in the 1987 PAS Study; and, d. the development of goals and objectives for Command Officers for the upcoming fiscal year. Other facets of the organization are currently under review. A patrol manning study is in process and will be completed in the near future. The department is also going through the Accreditation process. General orders, pOlicies and procedures, code of conduct, etc. have preliminarily been reviewed and approved by the accreditation agency. These items will receive an additional review before they are finalized and accreditation approved. This review and approval is performed by an outside agency. I do not feel that these areas need ~ . to be readdressed; spending money on these ongoing studies would be redundant and not productive. I would propose one of two options (methods) to perform a command element performance review. These are as follows: Option 1 Rehire Public Administration Service. PAS comp~eted an organizat~on and management report for the City ~n 1987. They are familiar with Delray Beach from previous reviews and have insight into our strengths and weaknesses. The cost to the City for this review would be $6,000.00, plus expenses. PAS has indicated that they could complete the review by the end of October. ( Opt~on 2 Peer Group Review. The second option involves the selection of "peer group" personnel from out of state to form a team to carry out the scope of the command review. The peer group would be composed of law enforcement personnel from other parts of the country. This process would take somewhat longer than the PAS review. The additional time would be needed to assemble the team. The cost of the option would probably be the same as option 1. Recommendation Consider the City Manager's recommendation and provide direction. MTB/rab/sfd u SEPt-.L J. -8'5' l'I()t'-4 .L:::i = .......:;0 U OF' L PRES r I:)ENT ~:5 CIFF' r CE: ,.....0.2 ~;()IJ'hill'~' :'\iii,\) 1,1':;1;; II i I," ',::';'" ... ~', ~.~.,.,. ''-;.1 .~\ ;~ )',",,1 1,1 ~'.III....~., ~." -~.. d "I 'I <,.o'.,:il ~') ~'. 1<.. '../;,;,.. \. i:,..' '" September 11, 1989 Malcom Sird City Manager 100 NW First Avenue Delray Beach. FL 33444 Dear Mr. Bird: I have enclosed some preliminary information about the Southern Police Institute for your use in evaluating the Institute's suitability to perform an assessment of the Delray Beach Police Department's operations, I have also enclosed a brief description ot the previOus consulting experiences of the Institute's faculty and staH. As supporting information, I have included a copy of my 'resume. I hope this information is of some help to you in evaluating our capacity to review the operations ot your police department. As I mentioned Over the telephone this morning, it appears to me that the "real problems" may be those of managing the organizational culture and of developing a Sound media relations plan for the department and its personnel. Often we find thai police agencies which are In difticulty with their communities have sound pOlicies and procedures. The critical missing element appears to be sufficient attention to the "culture" of the organization and the way the organization relates to the media and to its supportive and non.supportive community segments. The Southern Police Institute is a management development institute, We have trained the nation's police managers since 1951. We are weil respected nationwide as the premiere law enforcement management education institute in the U.S. Police managers from ail 50 slates and 30 foreign countries have graduated from Our Administrative Otticers Course. We offer advanced police management training at training sites across the United States. , If you would like, I WOuld be happy to develop a proposal outiining a method by which the Institute would conduct a review o/the Delray BeaCh Police Department. Such a proposal would depend, Of course, on the development of a specific "problem statement" which details the areas or the review, Please let me know if we can be of assistance in this maner. I would be happy to discuss this project with you at any time. Sjz' James~. ~~ Director /~~ / ~Qi ~~ ;:f:2J SEPr11-89 MON 15:50 U OF L PRESIDENT~S OFFICE : P..e.3 CONSUL TlNG EXPERIENCE SOUTHERN POLICE iNSlirUTE FACULTY AND STAFF EDrt Authority of New York and New Jersay: Development of an extensive review of training methodologieS, including recruit, in.service, supervisory, management and executive training programs. Provided recommendations regarding a broad scale of training processes, incfuding curriculum development, planning, record-keeping, documentation, certification, and training delivery. . Iamoa. Florida Police Deoartment: Development of a comprehensive review of police recruiting, selection, training, community relations, internal affairs investigative, pOlicy development, and use . of force monitOring processes. Provided recommendations regarding all aspects of the department's internal policy development and control systems. Provided wide.ranging consulting services regarding management of the organizational culture and community relations processes. Atlanta GMroia Police DMartment; Development of an innovative planning proCess designed to guide the Atlanta Police Department and the City of Atlanta in development of long-range plans and long- term strategies to foster improved service delivery and Community relations. Provided recommendations regarding Service delivery priorities and action strategies, I Birminoham Alabama Police Deoartm~: Development of an extensive review of autumated information systems designed to support dispatch, records, patrol allocation, investigation management, crime analysis and speCialized patrol assignment functions. Provided an extensive report identifying aUernatlve methodologies for data collection, storage, retrieval, and analysis. Kentuckv Srare Police. Frankfort KentlJc~l/: Development of a review and assessment of rhe department's automated information systems designed for collection, storage, and retrieval of intelligence.related information. Provided a final report regarding information systems design, organizational structure, and service delivery aspects of the intelligence function tor the State police. New Jersev Division of Criminai ,Jllstice: Development of educational curricula tor police managers regarding patrol operations, managing criminal investigations, developing automated information systems, Crime analysis, and special investigations. Arvada Colorado Police Deoartmeru: Development of an extensive review of automated information systems designed to support dispatch, records, patrol allocation, investigation management, crime analysis and specialized patrol assignment funCtions. Provided an extensive report identifying elternatlve methodoiogles for data collection, storage, retrieval, and analysis. NebraSka Crime Commission: Development of a an educational curriculum for police managers and Supervisors regarding patrol operations, managing criminal investigations, developing automated information systems, crime analysis, and special investigations. Charlotte. Norrh Carolina Police DeMrtment: Oevelopment of a strategic planning prOCess designed to aid the department in identifying critical service delivery needs and necessary action steps, Provided a specialized assessment methOdOlogy designed to identify associated strengths, weaknesses, opportunities, and threats faced by the department in the future. " :=;EP~ 1 1-::;:'31 t'10t.~ 15:50' U OF L PRESIDENT~S OFFICE P..04 Arv~da. Colorado Police D9oartment: Oeve/opment of an innovative planning process designed to guide the Arvada POlice Department and the City ot Arvada in development of long.range plans'and long-term strategies to foster improved service delivery and community relations. Provided recommendations regarding service delivery priorities and action strategies, Miami. Florida Po lie... DeoartmenJ: Provided a comprehensive review of the department's ICAP (Integrated Criminal Apprehension Program) components, including patrol allocation, directed patrol strategies, crime analysis, record keeping, investigations management, Inlormation systems, and associaled service delivery aCtiVity. Jefferson Countv. Kentuckv Police Deoartment: Devefopment of an innovative planning process designed to guide the Jefferson County POlice Department in development of long-range plans and long-term strategies to foster improved information System development. Provided recommendations regarding service delivery priorities and action strategies. I:lammand Indiana Police Deoartment: Provided a comprehensive review of the department's leAP (Integrated Criminal Apprehension Program) components, inCluding patrol alfocation, directed patrol ' strategies, crime analysis, record keeping, investigations management, information systems, and associated service delivery activIty. <c- j- ,.- 1 j '.:" t"1Clil 1 :=; 1..1 CJ roo l. F-' f~' F: :.:::; I L' f !--~ T j" "=: r-~ f..-:- F- Ii" !': tNlVERSIlY of IDU1S\7IUE FACSIMILE lRANSMISSION --~- -- -'---1 DATE: 9//1/8') \ i I ...._~_,_.~.__"'~.~~_~ -------1 I NUMBER OF PAGES TO TRANS~IT i ONCLUDIN; qOVER SHEET): \ _------.--------1 I ! \ \ , I -~------l SENDER'S FAX PHONE NUMBER: TO: mCllcom Bird {!, e,/ mono9 E' (' Dekoy 'Be.oell fAX PHONE NUMBER: '107<J'I3 - 377t.f SENDER'S NAME AND ADDRESS: (fame.:;, a-, ()f\ -e (' SOv.I::/,p(ll 90 lice Lf'lfd:-. UnIversIty of LouIsvIlle loulsvllle. K\ 40292 (502) SBB-S6B2 SHARP MODEL FO-700 REMARKS: '- ,-- ~"-'---~-"~ =:.EF-~- i J _;=""". ..IC'r"-1 t""::.:;; q-::C' I_I C'F- L F-P;:-E-"':. T. ~.~-:~--,--..-- "'"' .'.... ~ September 11. 1989 Malcom Bird City Manager 100 NW First Avenue Delray Beach. FL 33444 Dear Mr, Bird: I have enclosed soma preliminary lnformation about the Southern Police Institute fur yOur uS(" if evaluating the Institute's suitability to perform an assessment of the Delray Beach POIiCA Department's operations, I have also enclosed a brief description of the previous consulting experiences of the Institute's faculty and staff, As supporting Information. I have Included a C)py of my resume, I hope this information IS of some help to you in evaluallng our capacity In re"'8W the operations of your police department. As I mentioned over the telephone this morning, It appears to rne trIa! th(\ "re-ai problems l";l Lit; those of managing the organizational culture and of developing a sound media relations pian 1<;, the department and its personnel. Often we find that police agencies which are in difficulty With the" communities have sound pOlicies and procedures. The critIcal missing element appears te DO Sufficient attenlion to the "culture" of the organization and the way the organlZation relates to tr,e media and to its supportive and non-supportive community segments. The Southern Police Institute IS a management development Institute, We have \, ained t~e mltlon's police managers since 1951. We are well respected nationwide as me prem,ere law enforcement management E!ducation institute in the U.S. Police managers trom ali 50 statEs and 3C foreign countries have graduated from our Administrative Officers Course. We offer 8dvancerJ pOil',,, y,anagernent traimng at training sites across the United States If yOI) would like, ! would be happy to develop a proposal outlining a method by w,uch if... 'i'3U ;,';., ';<,. -)uld conduct a review of tha Delray Beach Police Depar~lTlE;Jnt Such a proPOS;j! ;ftj deO~J(,;'j {)f (:ourse. on the development of a specific "problem statement" which dBtati:~-~ Gi the review_ --'(j€i know if we can be of assIstance in this man€u 1 would be happ)! ,;~t any time. SInCt,'j, . JI#1 /cZ-,v, James D ~11~ Director 7,D. '::::'C:-.:','" ~,,--=- '-.-1':r'-__' : -=:;;c:.. L r="FE'=:; T DFt--fT ~ ":::; C)FF I CE F' _ ~::) 2. CONSUL TING EXPERIENCE SOUTHERN PO~ICE INSTITUTE FACULTY AND STAFF B2r:lMthoritv of NIl.\'LYmlLa!li:LlJew JersAv: Development of an extensive review of training methodologies, including recruit, In-service, superv;sori, manage men I and executive Ir3inhg prOgrams. Provided recommendations regarding a broad scale of training processes, inCluding curr'culum development, planning. record-keeping, documentation. cerlifiCdtion, and !rain"'g dnlivery, I~Da. Flonda Police Deoartrnlilll: Development of a compreher1slve review or poPee recc",h1". selection, training, community relations, internai atfalrs investigahve. policy development, and wse of force monitoring processE's. Provided recommandallons regarding all aspects of the department', internal policy devOlopment and control systems, Provided wide-ranging consulting ,,'!uices regarJln; management of the organi2allonal culture and community relations processes, Atlanta Georoia Police Depar:tmwJt: Development of an innovative plann,ng process de".gnr:J fO gUiae the Atlanta Police Department and the City 01 Atlanta in developmant of long-range pla'ls and kHlg term strategies to foster improved service delivery and community relations, Provided recommendations regarding service delivery priorities and action strategies, ~jrmil'aham. Alahama Police Deoartm~: Development of an extensive review of aulurndted 'nf~rmatlOn systems designed to support dispatch. records, patrol allocation, investigation management, "firne analYSIS and specialized patrol assignment functions. Provided an extensive report IdentifYing alternative methodOlogies for data collection. storage. retrieval, and analYSIS. Kentuckv State POlice. I:rankfort. Kentl!c~~: Development of a reView and assessment of the department's automated information systems designed for COllection, storage. and retrieval 01 intelligence-related informalion. Provided a final raport regarding Information systems deSign. organizational structure. and service delivery aspects ot the Intelligence function for the stahl police. Mew_ Jersey Divj~ion of Criminal .JIJstice: Developmer'lt of educational cumcula for police marlagetS 'egardlng patrol operations, managing criminal investigations. developing automated informatian systems, Crime analysis, and special Investigations. <\rvada CoIOlll<:J.O_..Eolice Deoar.tmM.l: Development of an extensive review of automated ,nlo'''"lho'' ',/stems designed to support dispatch, records. patrol allocation, investigation management. Cr""" ,",'}';S,S and ~pecial12ed patrol assignment functions, PrOVided an extensive report identifying a!lernativo methodologies for data collection, storage. retneval, and analysis, NHbraskaCrirne Commjs~iC(l: Development of a an educational cumcu!um for police managers and Supervisors regarding patrol operatiOns, managing criminal investigations, developing aul.oma:ad InformatiOn systems, crime analysis. and speCial investigations. Charlotte North Carolina Police DAnartment: Development of a strategic plannIng ProC8SS (~8si9n6d to aid the department in identifying crlticel service delivery needs and necessary actIon steps. Provided a specialized assessment methodology designed to idenilly associeted strengths. weaknesses. opportunities. ana threats faced by the department in the future, ~,~ c- c. _ :'. : _ ':::c. .? "."'! ,=' f--, : '=, '-:-' '_I '--'0:= ;=-F~E';:::: I DE"-c!T" .:::;; '':IFF ICE F" _ ()"'1 ArvMa. Colorado PoliC'lJ;]!lllil~'1!:.!lll!: Oevoiopr,ent of an rnnO\!3t've planning process designed to gUide lhe Arvada Poloce Department and t~l~ City 01 k\!ada In developmer,t of long-range plans and rang.term strategies 10 taster improvl,d service delivery and CammL'"lty relations, Provided recommendatIons regarding service delivery pnorities and ."lion s'rategles. Miami. Flonda POlice~!1m"1Ql: PrOvided a comprehen,ive review of the department.s reAP (Integrated Criminal APPtI"henslon Program) components. including patrol aliocalion, directed patroi strategies. crime analysis, reGOrd keeping Investigations management, information System.. and associated service delivery activity. Jefferson County. KentuckYhlica Oecartment: Development ot an innovaliv<! pranrllny process df!signfJ0 to guide the Jefferson County Pollee Department In development of long-range plans and long tenT, strategies to foster improved information System development. Ptov,ded recommendations reJ"tding service delivery priorities and action strategies t:lammond Indiana Police Q.eoarlment: Provided a comprehensive review of the department's iCAP (Integrated Criminal Apprehension Program) components, including patroi allocation, directM permi strategies. crime analysis, record keeping. Investigations rnanagament. Information SYStems, and associated service delivery activity, :~- E ~. :--. ... .. - .~. '=0 ...., .=, "'.J ., <:,~ ~ =; ., -- ,,-- Program Goals and Uniqueness - Today principal administrators of federal, 5lere, and local law enforcement agencies musl possess managerial abilities enabling them to sOlve problems, They must be able to diagnose the strengths and weaknesses of their own organizations before they can contribute constructively to the administration of Justice system, The Increasingly complex Issues confronting contemporary law enforcement admln. Istrators require Skills in leaderShip, adminlstrallon, personnel managemen:, behavioral dynamics, and tha appli- cation of constitutionat parameters to administrative and operational procedures, The Adminlslratlva Officers Course in the Southern Police Instltute IS dedJca!ed to the advancement of professional law enforcement - adm:nlSli'ation throughout tha United States and the world, 1110 designed to strengthen the ieadarship knowledge end skills neceSSary to manage and to direct the reSources of a police agency, OHicers recetve comprehensive instruction In the contemporary legal responSibilities of police management, line and staft relationships, and leaderShip, ConCeptual thought based on e tund of general knowledge and "pplied to the Individual studen!'s community en,'iron'11ent is central to the program objectives, Traditional and contemporary solutions to prOblems of community and human relations provide a foundation upon whiCh officers learn to COmmonlcete ideas both orally ana In writing. The atmosphere at mutual respect and 'ellowshlp eXISting Within the Intensive management-oriented learning environment enhances the OPPOr1I,mlty for Students to learn the arts of cooperation, negotiatIon, compromise, and consensus directed tOward the achievemer,t of goals of prolessional - la", enforcement administration, The overall goal of the program alms directly at strengthening the Individual, both mentally and ethically, in admmistratlve leadership c. c- c=',r::;:::r=-~:::; J" DE!---I'''' :-:; ()FF I C:E F" _ CiS Student dl,cers enrolled in the Southern Police Institute leam through indiVidual and sma!1 group exploratory inquiries, group workshops wit~, SpeCific SUbJect maltar emphasl$, and reference reading assignments, Each of these Integral parts of the program exposes students to Opponunllies 10 engage their individual creativity arid initiallve. To make the prcg,sm more C{jiTi' prehsnsiv6 both ir, theorei:cai ;;-.('j practical terms, B:rpetience;J ":~;j istrafot$, 8IjuC.:HO'S, anj pc" VISit regu!:j,riy tC iecture on 1':'; curre:"lt JO:e'es! to law ~r)fc!c prl:l.ctit'oners, CC/t,'(J(jprallf Ap -"'fo",~ tt,::~' >"'--'<-,-.{J '~'i 'jJ.f: -j',,-e ,-' , lnu r","JQi.' !Jt/.ll , I 1 I J ~ , 1 .:::;~c:. --- ,=:.:=. ,...., '=, 'xl "1 <=-; . - Program Development - The Jdea for the establfshmen! of the SOLJtr,ern Police Instilute originated with the Swedish economist Gunnar Myrdal In hiS 1944 book, An American Di/em?18. he recommended the opening of a "'Od~rn polic~ colleg~ in th~ South, Th~n a sociologist, the late Dr. Joseph D, Lohcr,an, formar dean. School of CriminOlogy, UniverSity of California. sugg~sted the Idea of organizing the! Southern Police Institute to the late dean. David A McCandless, Under Ihe determlr,ed guiding hand 01 Dean McCandiess, who was LOuiSville PUC'IIC Safe:y Drrector at that time. a comrnitle~ of faculty members from severa! schools of the University Of LOuisville and thi6e captains from the Louisville Pol!ce DiviSion wrote the oblecti\fes and the c~rrlculum for the basic 12~week Administrative Oftice,,; - Course, Dean McCandless and his associates, ProfeSSOr Rolland L. Soule and Mrs Dorothy P, Clore, opened the first of three annual classes lor 25 police officers from Southern and border Slates during 1951, The orlginellraining program consisted of 21 topics with a total 01 420 houts of instruction, FJeld work and simulated Incidefils Supplemented the classroom lectures Md del'lonsfrations, One full- time instructe" and approximately 45 vls:iing locIUr"," T,ade up the leachlnll staH d'Hlng the Ilrst year and a halt of Ihe Institute', operation, A second full. time Instructor doubled faculty strength starting with the fall 1952 term, AI t'io 5l..igg~st1on of Southern Police InstItute taciJltYI a group Or police adminIstrators from several cities In the easlern, cenfral, and southern parts ot the United States met with University 01 Louisville aornlnistrators and faculty In 1 g61 to examine critically the Soulhern Police Inslitute program, As B result ot their assassment, a significant cha,"lge In tha CUfflculum appeared during 1962. - marking the beg!nnlng of loday's Administrative Officers Course. EmphaSIS in the curriculum shifted to mare i::slruction in polJc$ 8dmin- "---'0:::;:- -=:-:: '==; ~ D F 1---4 T .. .:::; istration, personnel management; and business procedures; wiYhoJt recl..ici:ig the time aHorted for :nslruc!ion ir the socia! and behavioral scientes or in crimina; or constilulioral law, The number of hours of c!assroun instruc- tion was reduced from Ihe former 420 to 300, but more indiVidual ~ludj was required The expanaed 12-waek course earned the approval of the CurriCulum Commillee 01 the College of Arts arid Sciences for 12 semester hours of credit during 1962 Thus the SOLJlhern PolIce InSlllute became the first schOOl In the United Slates 10 offer cOliege credit for in-service police education, This feature of the program signaled a precedent for ather schools to follow As the faculty continued to expand. guest lecturers bacame tewer. but they continued to Contribute significantly to the program, The siza 01 the classes was increased to 60 officers during 1 967, and a series of workshop- discussion sessions was edded, giving e Il$W dimension to the program In 1969 the School of Police Administration, a degree-granting unit of lhe University of LOUISville, was established and the Southern Poltce Institute became a division of that newly tormed school For the lirsl time the Southern Police Institute was an Integral part of the schools of lhe University, In 1972. the faculty of the school. wilh advice trom administrators. again evaluated the Administrative Officers Course. As a resl)lt of this evaruatior.. It was determined lhat gtaduale level courses should be made availab!e to student officers who have a baccalaureate degr'ee or senior standing In an undergraduate degree program. Since 1973. graduate courses have been of Ie red to Southern Police Institute students wllo quallfy for graduale study under lhe Universlly's requirements. OFFICE F' _ ioc16 When ira SCheOI of Police Ad[-Y,i~ tta.ii"n .v8$ created by t!'"H:. 8'J~r( Trustees i,",: 1969, the 008u:j' 3.0;:'-- t~e offering of COurses le",c ~ ", baccaia;,;ieale degree h p"L,_~ tra:lorL in 1971. a third uiv!r':J" NallonaJ Crime Preje'.d<,,~, i(1",';' added in i 978, me 1;j(Ij,ty that Ihe des'gnat,on SCh,)Oi 0) ;';" Admlni'Stra:~ion, was nO! the program offered by f\l: t!'"iC u S ';"-1'> 01 the ::cho,~', reCcm,PYHH'ldt-:>d !0'Ci! ";-,,,, school be Nnarned n,e SC"i'Ji":': ;;;;1 Justice AOfY"r,LstraLQi";. T!"',,::; 'S:..)w{'s1 ~o change Hie r:;;\f"1e to the $'.'h,JJ: of JustjCe Adrr;:rIJSHailcn '.'-;1,'1;;; Elp;:rj-'"~d ~)y the Boaid 0' T(u$rei"'~ f'i Ju;"! lG79 " ..,. it) 1983, ttlg faculty 0' thi; ,SCrr0Ci ci Jus:ice .Ajn"lifi'Stra(o,"l e,~:CO"sec: :h€' concept of a Coliege of Urban ~ ',j Pwb/'c Affa:rs of whiCh lha $(1':0,) v:;>",!d b~come a par!, Tocay lhe C >;:og6 Cd Urban and Public AffaIrs is a r.;a:;:y and l"HolS been desig"aled as tile priITi;j.'f unit 01 the University fOCvS:":; Ot irdE urban miSSion Today, the Southern Police inS'\i.;te 1& the oldest and mOSlt w811'kr"C,"d\ c.~;\ii';;:,:;on of the School and comm8'),js [1',;(' respeCt nOl Only of tne 1acua/ ;:'h:".~ Slaff of the Un,vers]ry of LC\..ds'.,t:lle, ;J'..il cf educato's and police ihl'CJgholH ifi€! United Siat~)s The inSlitute's prog~a"l"! refjA; l~': t',>\h [r1l3 theoretical and practical asnt;;:L~ ci !,LN enforcement edUCation alld ~;=-'e :;CJ(JS 01 thou.:.:ands of Its graduatE'S a~tBS! Iv tt"-I$ program'$ valvE! '::C;J:::'::" - :=~ '=" ~.-o ,"-. '_ _ I I Faculty - The faoulty and staff of the Southern POi Ice InstUute are chosen c8'etully, ConSideration Is given not only to aca. demlc background but to experience AUtaculty members have had experi- ence In criminal Justice occupations c,r closely relatad work, The preSent membars 01 the faculty are as lollow., J. Price Fo.tar, dean of the College ,of Urban and Public AHalrs. Dean FOster holds a B.A. degree from TenneSsee Wesleyan College in history, an MA degree 'rem the University 01 Tennes- see In h,story, and a Ph.D. In criminol- ogy Irom Florida State University. Prior to coming 10 the University of Loulsvill,e, he was the dlmctor of the National 'nstltutl) lor Juvenile Justice and Derln- quenc'y PreventIon and director of the Office 01 Crlmln.i Justice, Education, - and Tta1ning, U.S, Dapartment of Justice, William V. Pelfrey, director. School of Jus~lce Administration, Director Pelfrey has a a A degree from Auburn UniverSity. an M,S, degree from the University of Alabama In Birmingham. and a Ph,D, from Florida Stale Univer- Sity In Crlminlology, Prior 10 Coming to the University of Louisville he was aSSOclBIe dean for academJc adminls- trallon and as,soclate professor at the COllege ot Criminal Justice, Sam HOuston Slate UniverSity in Huntsville, Texas, Jamea D. GInger, Jr., director, Southern Police Institule, Director Ginger holds a BA Degree In sociology, a B,S. de~tee In law enforcement, and ar. MS, degtee In Justice administration from the UniverSity of Evansville In Indiana. and a Ph,D. In Public Adminis- tration from Virginia Poly1eehnle InSlllUte and Stata University In Blacksburg, Virginia. Prior 10 coming to the Unlver. slly of Louisville he served as Director __ ot Technical Assistance Programs. The . Pollee Foundation. Washington. D,C, His pollee background Includes e years operational and managerial experience with the Evansville Police Department. ='~'r .c- n F-"':h~.T Additionally. he served as Director of Researct, ano Planning for the San Antonio Policn Depal1ment. Dr, Glngar has also heid facuily positions at Radford Unlvusity and Bluefield State College, B. Edward Campbell, professo' Professor Camp ball has an kB, d"gree and an M,BA degree frOm the UniverSity 01 Louisville. He elso has certiricates in pUblic administration from the University of Alabama. Tennessee, and Kentucky. 8~fore coming to the University or Louisville: he was director of the Civil Service Board for the City ot LouisvIlle, Steven M. Edwards, assIstant professor. ProfeSSor Edwards holds B.S" MS" and Ph,D, degrees in Criminal jusllce from the School of Criminal Justice, Michigan Stale UniverSity, Prior to joining the faculty at the University 01 Louisville ha ser,ad as research Coordinatot and project d;tector 'or the John F. Kennedy School of Government, Program in Criminai Justice Policy and Management, Har'ard UniverSity, and as a laCulty member a1 the University of Alaska, Anchorage. John C. Kloner, prOfeSSOr emeritus Ptofessor Klotter has an A.a. degree In aoclology and economics Irom Weslarn Kentucky University, as well as e J.D degree from lhe UniverSity of KentUCky. Ha served with the Federal Bureau of lnV8stigat!on RS a spadaf agenl and as legal officer for lhe KentUCky State Police, He is co-author of Constitutions! Law fOr Police end Crimina! Evidence lor Police. ..,:;:; r-:-IFf.=: Il-::--E F'_ c-. -,' F ~"~"LT:<;;'Tn'3.'=---- ," -'., ~,;:"'.., ~ - II .. .. ~. \ ,.,., --;,- ''',".' i Fotreal M, Moss, Q'Ss:st(n' p'.cdec):jt/ Professor Moss _1oids g S, ~lS" ." '., Ph.D, deg,eaos jn Police Bd!Fn;(;:~:;;', Cr!mfnal Justice, and S<1-j9;: S(:i", from Micl":ioan St8'la' UI"';iV-fj;'iih' dB servBd 25 yeats 8S 8 SpeCJ2:1 A,}p3n:- wi~h the United Stats:;:! Air F'Ol"ce OfnCe or Sp€h:~Lell(lvest;g~~tjfir: (O~n I-i!~, ;:)"~,, -'r' prier to retirem~r;! as &. CUibnE'o,; " Chief of Op6tatict,s f;:Jr the Ct;'"n''''\,",,'' Dr. Moss tnad,t.'s police IiH:")~d;'~n-'ii' and other ciirr+,a) justice- COU"$A,;> In addltjon tv thesa lulHlfnt'i fi<:;Jjty nH"mbers, ~an~' guest IOChHe'f$ If'3Ch at the Southern Police !nstitul~L Thes9 [ITY DF DELIlAY BEA[H 100 N.W.1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000 MEMORANDUM TO: Malcolm Bird and City commission FROM: Mayor Campbell SUBJECT: POLICE DEPARTMENT INVESTIGATION DATE: September 8, 1989 with considerable attention being given by the press to alleged wrongdoings in the Police Department, I had hoped that either the Attorney General's office or the FDLE, as requested by the Manager, would have undertaken an objective third party evaluation of the allegations of wrongdoing and overall performance procedures of the department and Chief Kilgore. It is unfair and wrong for the department and the City to continue with any doubt or suspicion on both past and future performance abilities and motives of our Police Department. I think that we all agree that the citizens of this community deserve answers in response to the accusations, rumors and innuendoes currently in the press. It is my own feeling that we should endeavor to obtain at least three highly qualified and professional individuals from outside our area with no preconceived bias or allegiance to review charges and make a thorough report back to the Manager and Commission. I would ask you all be thinking abput appropriate parameters of such a review. This item appears on the agenda as item number 29. DSC:nr THE EFFORT ALWAYS MATTERS CITY COMMISSION DOCUMENTATION TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER (' ,_~---A r' ./?-- -' ,/( / .---<:. VIA: FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND i'i/l!- VI v ZONING 01~ SUBJECT: MEETING OF SEPTEMBER 12, 1989 INITIATION OF ANNEXATION AND ZONING ACTION FOR THE WEST ATLANTIC ANNEXATION #2 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is initiating annexation and rezoning actions for located along West Atlantic Avenue. that of property Formal initiation Section 173.885. since proceeding of this action is required pursuant to The City Commission is the acting body at this time is a policy determination. BACKGROUND: The property under consideration includes: * scotty's Hardware (Do-It-Yourself Center) * Dunkin' Donuts * Taco Bell * Mobil Gas Station * Delray West Plaza (Shopping Center with two out buildings, a vacant fast food restaurant and Flagler National Bank) The area is approximately 16.93 acres. Each of the properties have previously agreed to voluntary annexation through provisions of water service agreements. The appropriate zoning pursuant to the Future Land Use Map is General Commercial. Proceeding with annexation at this time is consistent with POlicy B-3.4 of the Land Use Element. Annexation of this area will not 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 October. A public hearing will be held before the City Commission (tentatively) on November 28th which will be the effective date of annexation. RECOMMENDED ACTION: By motion, initiate West Atlantic Avenue Annexation #2, with ini tial zoning of GC (General Commercial) or other appropriate zoning consistent with the Future Land Use Map. Attachment: parcel location map and tentative zoning 3\ "'I -I .. .. .. .-1 . -, .g .., . . 101 .' i ~ . I .. I , I ::I' ~I -I~ ~~ I I I I I ..II ~r <( ~! ~ ,I <( i I CL , I I I I I r I ~ t:/: ..,... ..' 21 I ~I a~ )l:>IM~B ~~~t~[ . III --. .~ ~~~~~~~: - lla\III'1e '. ~i~~i _.. .1.__ . ~ ~ ~~ ~ ~ " '~~ r':1" ~ r..',l'~, ~~ : . '. Nl; ;":1 :: ~~ .. IOI~ ;;::!l r--- I lIf 1IVlIl. ,. ~ . .. .. .. .. ~ .. .. .. .. .. .. ... .. .. .. ... .. N .. .. ... .. .. .. .. Z .. , .. 0 .. .. H lJl .. . .. E-t C -.. ~ .. <( .... U QI.. 1 .. >< c t!) H" . .. III 0 1lI.. .. Z N 0" w .. ~ Ill" .. .. " .. .. .. QI fi 0.. a- .. u OJ f:: ...... ~ .. H 0 .. i .. E-t 0- ...... ." .. ~ 0 r_- 0.. 0 .. ... Z.. 0 .. ..:l !:l. -.. :> .. .. E-t .. .. .. 0<( .. -= OQ .. .. tfl .. E-t .. w .. III .. ." ,. III .. c: . .. '" .. 3 .. ':! .. .. .. . .. .. .. Z .. . .. .. .. .. .. .. .. .. .. .. .. ::l ~ 0 ~ U . .. ... .... '! 0 '-' -I ." 0 ~ 0 :. .... .. a::: - .c- -J en 1Ll 0 ;:;1 J ~I ~ . ~ ~I ~- - - - If.: _ _ _-_ :~:: III !!f!l _~~~~~~~~~~~~~~~~~~~~~l~~~~~~~~~~~~~~~~~ ---~---- --~---------------- ~~~~~~~~ ~~~~~l~~~~~~~~~~~~~~~~ " ~I I I il, I 11 1/ II I' --------~~~ ------- ~;J'llllli'~ A.llYL 1tJl'~- - - - _.u z ~ a ~ r . ~ ~ C I T Y COMMISSION DOCUMENTATION TO: ROBERT A. BARCINSKt, ASSISTANT CITY MANAGER '~~r: ff ~ ~ FRANK R. SPENC{,~RECTOR GELOPMENT SERVICES GROUP ~ j ~0()"~ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF SEPTEMBER 12, 1989 SECOND READING ORDINANCE 3~ CORNICHE S.A.D. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on second reading of an ordinance which will rezone property from P.O.C. to S.A.D. The property consists of 0.51 acres, is commonly known as the Corniche property, and is proposed for development with a 22,215 sq.ft. office building. Prior to enactment of the ordinance, it is first necessary that the Commission formally approve it's attendant site plan. BACKGROUND: In May, 1989, the Planning and Zoning Board recommended that a rezoning request to LC be changed to S.A.D. in order to limit development of this site to an office use and in order to provide more flexibility in site design. The City Commission then held first reading of the S.A.D. ordinance and deferred second reading until a revised site plan went through the formal review process. That procedure has been followed and now the item is before the Commission for enactment. PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of August 21, 1989~ the Planning and Zoning Board forwarded the attendant site plan to the Commission with a unanimous recommendation of approval SUbject to conditions. The agent, Mark Marsh, was present and agreed to the conditions. RECOMMENDED ACTION: First, by motion, approve the site and development plan for the Corniche Office Building based upon the findings and subject to the conditions as recommended by the Planning and Zoning Board. Second, by motion, approve Ordinance 37 -89 on second and final reading. Attachments: cover sheet from P&Z Staff Report of August 21, 1989 Ordinance prepared by others a full P&Z staff report is available in the City Manager's Office REF/DJK#51/CCCORN.TXT 3Q.. (i;:::;. ~\ f--ILANNlNG 8 ZONING CITY OF OELRAY BOARD BEACH , MEETING ~TE: STAFF REPORT AUGUST 21, 1989 AG~ ITEM: IV. C. ITEM : CONSIDERATION OF SITE AND DEVELOPMENT PLAN APPROVAL FOR CORNICHE OFFICE BUILDING LOCATED ON THE EAST SIDE OF FEDERAL HIGHWAY BETWEEN LINTON BLVD.& S.E. 10 S1 I I _.'f: . ~.~/. - " ---0 ;' ..... ~ ~.,., LAMBeRT ,.t<:OURT' ---- Ill< 22 PG., DELRAY MALL 1'1 , , ,... GENERAL DATA: Owner...........................Henry Whitehill, President Craft Developers II Agent.......................... .Digby C. Bridges Digby Bridges, Marsh' Associates, P.A. LOCation....................... .On the east. side U.S. Highway No.1, between S.E. 10th Street and Linton Boulevard. Property Si.e...................22.215 Sq. ft. (0.510 Acres) EXisting Land Use Plan.......... POI (Planned Offic~'.and Institutional) Proposed Land Use Plan..........Commercial Transitional (Comprehensive Plan) City Zoning.....................SAO (Special Activities District) : Adjacent Zoninq.................North and west of the subject property is zoned sc. South is zoned RM-15 (Multiple-Family Dwelling District) and east is zoned CF (Community Facilities). Exi tlng Land Use.............. .Vacant Land Pro sed Land Use...............Office BUilding Water servtce...................Existing 12~ Water main on the east side of U.S. Highway No. 1 ITEM: Jl. t Sewer service...................Existing 8" sewer main on the east side of U.S. Highway No. 1 3 r.;.:i ~; .;.;> / / V\ - ~ ~ " ~ /1 / I . I II Il" I / ~~ I ~i <ll'" Ill", ~ Il\< :,,1 f~ 1 I ~ II II /1 II I ' II II / i' ~ ~ # I ~ .~~ ... ( ) ), -- IJI 1U.U' ~"2 >% ,..- ~Cl :I: ('\ (ll (fJ .~~ ,'.' .... ..' ..' ,',' .... { :.;. .::;. r~ .{~ .;=:' ~:} ~" .::l .... 1 r 2....0.. '1 I ~ l(I z' . t; " : ~ . I t l' I~ ,I -.... 21'> !R i~ c:l;a II f ~ co ~ t I r, ii I' ~ '" ;ll I I I I I I , I C I T Y COMMISSION DOCUMENTATION TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER '~~ /r~,~ FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP CJ~ J ~~r~ _ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF SEPTEMBER 12, 1989 CONSIDERATION OF A SITE AND DEVELOPMENT PLAN GROUP FACILITY AND OFFICE. S.W. 10TH STREET ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a site and development plan. The project involves conversion of an existing structure to a combination group facility and office. Site plan approval is required since an office use is involved and the zoning is RO. BACKGROUND: A rezoning to accommodate the proposed use was approved by the City Commission on May 9, 1989. Subsequently a site (re)development plan was processed. Because an eXisting structure is involve~ some special considerations are necessary to accommodate the project. These include: 1. granting administrative relief to allow parking within the side yards; 2. that the requirement for removing the driveway in the front yard not be enforced until such time as S.W. 10th Street is widened; and, 3. that in-lieu of funding improvements to Miami Boulevard and Park Avenue at this time, the owner enter into a commitment to participate in a future improvement/assessment district for infrastructure improvements. Items 2 and 3 were not recommended by the review staff. They do represent alternatives to the staff recommendation which called for immediate removal of the driveway and the making of a cash payment for the street improvements. Please see the P&Z Staff Report for more details and the formal project analysis. PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of August 21, 1989~ the Planning and Zoning Board forwarded the site and development plan to the Commission with a unanimous recommendation of approval. The Board supported the applicant's requests (identified above). RECOMMENDED ACTION: By motion, approve the site and development plan for this project based upon the findings and condi tions as recommended by the Planning and Zoning Board including the granting of administrative relief to allow parking in the side yard. Attachments: cover sheet from P&Z Staff Report of August a full P&Z Staff Report is available in the Manager's Office REF!DJK#51!CCABUSf 21, 1989 3~ City J ,i:- :' "'.:':- If:?::: PLANNING B ZONING :ITY OF OELRAY BOARD BEACH STAFF REPORT -1EETING o=ITE: AUGUST 21, 1989 =lGENJA ITEM: IV. B :TEM: CONSIDERATION OF SITE PLAN APPROVAL FOR SILVER TERRACE GROUP HOME AND OFFICE ('lm~F.n SPOUSE RESIDENCE) LOCATED AT THE SOUTHEAST CORNER OF S.E. 10TH STREET AND PARK AVENUE. ~ . . ":,',- ... .. ," '! .. It' " Illie .'. ao04IPf,2iI', AV N I I ~s .f' O'f."-IIII~ .... : ~.> a,...4 .;. PO,,.7 , iENERAL DATA: Owne~...........................OOn.ld E. Ralph ~gent...........................Ci9by c. Bridges Digby Bridges, Marsh and Associates, P..... Location........................Southwest corner of S.t. 10th Street and Miami Boulevard between MiAmi Boulevard and Park Avenue property Slze...................12.695 sq.ft. (.29 Acres' City Land Use Pl.n..............KF-H (Hulti-Family High Density I City Zonlnq.....................RO (Residential office District) Adjacent zoninq " h ' ................. art of the subject property 1. zoned R-IA (Sinqle-F&milY Dwelling District). West i. zoned RH (Medium High to Hlqh Density Dwelling District) and RM-IO (Multiple-FAmily Dwelling District). South-and east are zoned RH. use...............A single family residence - illegally subdivided into 2 units Use...............Civic activities includinq abused spouse residence for expectant mothers services with attendant offices for "Birthline" and "Respect for Life". Existing Land Proposed Land. Water Service.. .................Requires tapping into the existing 2" water line located within the Park A~enue R.O.W. Service... ................Requires tapping into the .......,....,-- .,... ITEM: IV. B Sewer .:~' J. -+- Rco25 ' , I coS9 29'30. '39 'os" 'SITE PLAN: :. : - . ., .. '. ~.. . ..' '" . 20'-O.~ . .......: ._.101 " < '.), ;;i;J '\~ .:::' .' .ct. S.E. 10th ST~ 1138' ASPH. PAVlNGf .,.. RIGHT OF WAY'UNE :i;~~ :- "~ . R~ ,Q' ~.9~ 0'30 L-n. 9' 50,0' CDNC., DRIVE - '."1" ;:~~ CITY COMMISSION DOCUMENTATION FROM: ROBERT A. BARC~~ ASS~::ANT CITY MANAGER ~/). FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP Q~OV~S~CTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 12, 1989 CONSIDERATION OF A WATER SERVICE AGREEMENT AND ATTENDANT SITE PLAN -- GULF STATION AT ATLANTIC AND MILITARY TRAIL TO: VIA: ACTION REQUESTED OF THE COMMISSION: The action requested of the City commission is that of approval of a water service agreement and it's attendant site and development plan. The project involves conversion of an existing gasoline station and former donut shop to a modern convenience store and gasoline outlet. Site plan approval is required pursuant to terms of the standard water service agreement. BACKGROUND: This project has been through the County review process and has received that agency's approval. In addition to enhancing the aesthetics of the corner, the project will provide dedication of right-of-way for an expanded intersection and will relocate driveways away from the corner, thus enhancing safety at this intersection. The existing development was not under a water service agreement. Thus, in order to obtain connection to the City's water system, an agreement is necessary. When reviewing a site plan under a water service agreement, the City development regulations become secondary to the County's; thus, we are allowing two conflicts with our Code to exist. These involve location of a driveway wi thin 15' of the west property line (the County rule provides for greater safety) and the provision of one less parking space (the space can be accommodated but its location conflicts with County rules). The only unusual situation involved with this request is that of the timing of execution of the agreement. In that a property closing has not yet occurred, the agent has requested execution concurrent with closing. This approach is agreeable to the Development Services Group but is under review by the City Attorney's Office. PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of August 21, 1989. the Planning forwarded the water service agreement and development plan to the Commission with recommendation of approval. and Zoning Board the site and a unanimous 5\- To: Robert A. Barc~nski, Assistant City Manager Re: consideration of a Water Service Agreement and Attendant Site Plan -- Gulf station at Atlantic & Military Trail Page 2 RECOMMENDED ACTION: By motion, approve the site and development plan for this project based upon the findings and conditions as recommended by the Planning and Zoning Board; and, authorize the Mayor to execute the water service agreement. Attachments: cover sheet from P&Z Staff Report of August 21, 1989 a full P&Z staff report is available in the City Manager's Office site plan distributed separately REF/DJK#50/CCGULF.TXT i:' "'::::' ~fr t-LHNN1NG CITY OF B ZONING t30ARO OELRAY BEACH STAFF REPORT MEETING DATE: AUGUST 21. 1989 AGEl'm ITEM: IV. F CONSIDERATION OF SITE PLAN APPROVAL IN CONJUNCTION WITH A WATER SERVICE AGREEMENT IT~: FOR THE GULF STATION AND CAR WASH AT THE SOUTHWEST CORNER OF W. ATLANT~C AVENUE AND MILITARY TRAIL. ATLANTIC AVENUE .. , ; , . -, .. 4J @ ~v , , f' GENERAL DATA: Clwner. . . . . . . . . . . . . . . . . . . . . . . . . . .8. P. Oil Company A.qent.......................... .A.lan J. eiklin. Esquire Boose Casey eikl!n Lubitz, et a1 Location...... S th . . . . . . . . . . . . . . . . .. eu west corner of W. Atlantic Avenue and Military Trail. Property Size................... 31. 303 sq. ft <<.718 Acres I Existing City Land Use Plan.....c (Commercial) Proposed City Land Use Plan.....Commercial Core (comprehensive PLan) Existinq County Zoning... .......CG (General Commercial) Adjacent Zoning.................North. so~th. east and west of the subject property are zoned County CG (General Commercial). Existing Land Use....... ........Gulf Oil Stationl Mister Donut Proposed Land Use...............Remove existing structures and pump islands and replace with new pump islands with a 3,260 sq.ft. canopy, 685 sq.tt. convenient store and a 680 aq.ft. car wash. Water service...................prC?vided via an existin~ 8" water maln extension from the 12" mai~ on the eAst side of Military Tra1.l. " Service E'" ................... ~lstlnQ use on Septic System. Wlth redevelopment ~ite will c(;mnect with 8" sewer main within D,noD 1)l.:ll.,.", Sewer ITEM : 1:11 . P' :::" ;: r~ '\. .:; I"rc I1AtJ ': i ').. ~ ,':. "l:: :t. " (;). II-rLlIAJ'TlC PUcNtJt:: (5 t, t'de) l I. " ..... , " , .' . ," .' '. . '.. .' ." . . . . ~ -- ----- ~~~;~~- :(~",>~'~~.'--<~~~: : . " . " ' I I " , . '. II - D" ! II . ~ .. - I ,', " ----..:, I I . 'It : , HI~h I ! " .. . ",:,:::.: .: ".: .' ".,.., . ~ i',:? :.: .: ..,.., . :;: :'.~ .: . ::'.;".~'~. : " .....:.. . ". J .-: '. '. ", .. .:.~. , ' ,- .... ... r= I ~ .....: " . ", .- ~...... -'-~' ~ ----- -----' ~. I b I I & 'I' ',. ,'. - , I " ,". '.,' .; ;'" _L_~..L__ :~::':";;', '.- . L__ ~L~';.::{ '\ ':I~': I ,,',':,!......i... ." .r. . I ." ..'.....; ! ':' ':..~. ~'~:.:' '.~ ':' J -.."..'.., .. . '\\ ~ .,. '. . . . ~f :' _llJL_______ _ I , " , 'I ' . 11!~1 !,II HUff 1.1 '. ..' ..... . ~ '>>~,,: J ..:.r......... :..: ~ ..~:. : I I,.... .,:., :.:::.:. : .. ,~..,.' - '. ,I ..., ',.'j" '" .. ..,','", H ..'.:.:..'.::./ . ,. ..' , ): ~:".: :. :",: :'I.~' , ' . .. . . 'l' ,~~,' :: ::,'; ('i-~ i)"l~:' .:, --.,..:.~;"" '--- ... .', :................ . . .. . ...... .' . '. "" : ... f -I .,:. ~ : ,"',:'.,:'.::::','..':~:',:'.':"':" ;':.,',::':','" :,",';,:::,:,:: :,' ,<';:: :::,'\ :;~':\:,;~'~'.'-: . \":;',:,: ::~;:>~": :-~:,:~:_r .. ' :.......:. . , '.:. ", ~ , , . '-;(' " ~~ I'. -~9-~ ..r ~i " , ',:.', ,.., 0\ o 0) oi vi .... ..J <( ~ > 'Q;: ~ :J 'i N ti .' , "~' C I T Y COM MIS S ION DOCUMENTATION TO: ROBERT A. BARCINSK~, ASSISTANT CITY MANAGER '-).-....--A' /(' _~ FRANK R. SPENCE, DIRECTOR ~ DEVELOPMENT SERVICES GROUP ~ /' -/J ~<...JQft,;) D1W'I~VACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF SEPTEMBER 12, 1989 CONSIDERATION OF THE FINAL PLAT FOR: DELMAR WOODS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final plat for Delmar Woods, an eight lot, R-1AAA, subdivision off Germantown Road just west of Andover. BACKGROUND: This project received preliminary plat approval from the Planning and Zoning Board on May 15, 1989. Waivers for street width and deletion of a sidewalk were approved by the City Commission on May 23rd. A final plat has been provided and it complies with our standards and the previously imposed conditions of approval. Please refer to the P&Z staff report for details. PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of August 21, 1989. the Planning and Zoning Board certified the final plat and forwarded to the City Commission with some items to be handled prior to Commission consideration. Those items have been complied with. RECOMMENDED ACTION: By motion, approve the final plat for DELMAR WOODS. Attachments: cover sheet from P&Z Staff Report of August 21, 1989 a full P&Z staff report is available in the City Manager's Office REF/DJK#50/CCDELMAR.TXT 3b ,;':-: ~r /PLANNING 8 ZONING CITY OF OELRAY MEETING rnTE: AUGUST 21, 1989 AGE~ ITEM: IV. G ~": BOARD BERCH STAFF REPORT CONSIDERATION OF FINAL PLAT APPROVAL FOR DELMAR WOODS LOCATED ON THE SOUTH SIDE ITEM: OF GERMANTOWN ROAD, BETWEEN ANDOVER AND WOODVUE SUBDIVISIONS. ~ - : v ..., "7'~ "- .. cr :..,""'--_---i...- ",...,..,...",..~ C" ca : r.. i ~ " ZC .. <l Z C a: '"' > <I "" - - ~ ;: r.... I '<T ~ . "':' A. .....~ . . ,.,Ill. "'::;:::'''';1:'''' .. J ":.: " Jt(tlf1J(W. ~< ," .-' '~ ........~..-'-I . ..... ~.,-.i".. . . ~ ' ;' -:;-~,.., . 4NOOVE1t--t:J : see:r lOti I : .: -~6 _~-- r ~! 17 5O!o55':~6 r I I ~ ': '-~- /5"8"L ~1"E';' . -...:;. t co..oo I, .. -...:. ~ -,: 1(~, T.."", GENERAL DATA: Owner.......................... . John C. DiMaggio Agent. . . . . . . . .. . . . . . . . . . . . . . . . . . . Same as above Developer. . . . . ... . . . . . . . "" . . . . . . . Sa.n'le as above Location.........................SOuth side of Germantown Road, north side of L-]7 Canal and west of Andover Subdivision Property Size...................3.69 Acres (l60,B67 Sq. ft.) City Land Use Plan..............SF (Single Family) City Zoning.....................R_1AAA (Single-Family Dwelling District) Adjacent Zoning.................North of the subject'property is zoned PRD-lO (Planned Residential Development). South and east is zoned R-1AA (Single Family). West is'zoned ART (Agricultural Residential Transitional District) . Existinq Land Use...............Single family dwelling Proposed Land Use... ............8 single "family lots per the R-1AAA zoning requirements. Water Service.................. . Available on the north side of Germantown Road. Sewer Service................... Existing'.-S" seWer force main located on the south side of Germantown Road. ITEM: IV. G "ii .::' ":'".J r~ <:. iJ" /JiJ,,_ ~~I Yv~ . 9" /JIJ ~~~ y'~ 9 ~ ~IJ Olq..... ~J f. . 9lq~-"'~~;Z '/JIJ~;Z ~~1I9 '~1J9 OIJ .s: ~ S~9/J1J '(] "'~ 'ltt;z~f. 90/J '61J '1 9 " 9 .( , (, UiJO 606l .1 1I00 . - 1("1.1:1,1 41 ~9" 'It ~ . of} "';Z " fy/ &ltq y~ ~ ~ s. -r;z ( J / (~ l ~s. ~OJ 'Q ~ lJa ~lt~ . "'0/' J 9i f} 9 "6" 1J0 ~9;Z~~1I 9q'lq9~J,,~9/~~~0,lSIJ9' /0", s~ ;Z lt6,,~~ iJ~~ "'0 ~~lJc);Z"'9 ' 6. SI"J,~,,~ ~ ~..~lJo",J"'iJ ,. ,;ZIJI,,_ ~lt~ ~'A! '''':Z;Zc), ~ib / , ~~:T - :J a: ,.!l ".- !i j- ., '-<> I.Q~ ~. "'-P.;:#.", ~/), . ."!..~~ ',':7 ~~6' , ,~ Ib "Sill ( ~ ~ M .V~-; 1.6 .as , ',.....--:- ~Q v .~ ,"I. ""1Ir I f',- , _'-4~______ _~ . ~'.~.IN_~ J '" :,'iIIIint~.L''''~ ':: ,. ~ I au J:J HiiIJtlCO ~ , -=> '0 '.I (1;)9d '1il.tZ'd't'Z6ot IIlOJ uUWl$U mY:! ,ct.. '" .P'~. 1ft .wJ, ,119 'lii:L .~ 'tll ..c~., I ~ :lI~ ~I 'SI I~. &,j....a N '-4 19 ~ 3'P .11 ..J.ll -If? 8 1m ~ ( J,:' 'tel -, " r ::t . 00' ,",11.1' -"'71 . t.' Os '8 'Ot ., " .6-' I ~l ',p '<.r. ':t.~,'~".,; l ; -~ r'.. .,-'~ 1 ."~ .1; ';S I , I I .'0.01 " ~'-d ~// '.tIl~_, Vi I ;' ~ ~ LVS ~ I 1 ~ .j I 'f '"'''''.' -or':) J ~ 'It ~I ." L ., : 1 ~ 8. .I~ ss oSS, (f) I~, ,l.'S" I C) 1:0. , I ": ~: I~ 8' :e Sbs "I 1 a I ~ '-I I 8 ~ '81 I 8 1 " 9 1 ~ ~ I, ,. "l 1 . .I~ .6S .n'1 ,. l! .... '~I I ij'i~ ~ oo,~, : a I ~!'I I : ~ 5 I 8 a ~ · ,1 ~ (a .. '\ 1 .. I~~~ _, I '81 :0 ~ '" I lS " -; 1 >! 81 I i:: " I:> I '1 '~, ---~.,,~::c 1 . , I .- -I' , I 8' 1 n 8' I I 0 1 I -;", I f I 1 , I I , /. , I I I I. , I I 1 , I :e S1 . '" - ill ~ ;1 j ~ 8 8 , :e V~'" '~8 I~ ' I'~ 8 ,flI . I .. .It. ,ss .811' , .so '~I I , ~~"I , I 8 , 8 I , ,1' .~.w~, .lO '~I E ':I I , m 8' 'I 81 " " ~ / , 4 8 , 1 -, 1 1 .1 , 11'<1130 :e 9~v'!l1 J ,. ~. .:.:. r", CITY COMMISSION DOCUMENTATION TO: ROBERT A. BAR~SK ~ A~I::ANT ~~ /'- ~-~~ // - FRANK R. SPENCE,~DIRECTOR VELOPMENT SERVICES GROUP CITY MANAGER VIA: FROM: , J KovcM-- DA ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 12, 1989 CONSIDERATION OF THE FINAL PLAT FOR: ANDOVER SECTION III ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final plat for Andover Section III, a 51 lot, R-1AA, subdivision off Germantown Road. BACKGROUND: This project received preliminary plat approval from the Planning and Zoning Board on April 19, 1989. Waivers for street width, special accommodations for sidewalks, and reduction of right-of-ways were approved by the City Commission on May 9th. A final plat has been provided and it complies with our standards and the previously imposed conditions of approval. Please refer to the P&Z staff report for details. A special condition of approval was recommended by staff. It dealt with a conflict between standard practice and code requirements. Whereas the Code allows execution of a plat prior to providing a financial guarantee for public improvements, policy has been to have the guarantee in-hand prior to execution by the City. Prior to the Board action, an agent stated his intent to challenge the policy; thus, the condition has been recommended. Upon rewriting of the City's development regulations, the procedures will be clarified. Standard practice also requires all permits to be in-hand prior to placing a plat before the City Commission. As of this wr i ting, a permit for work along Germantown Road has not been received. However, the agent wishes the earliest possible action on the plat, so the item has been placed before the Commission for action. PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of August 21, 1989, the Planning and Zoning Board certified the final plat and forwarded it to the City Commission with some items to be handled prior to Commission consideration. Those items have been complied with. RECOMMENDED ACTION: By motion, approve the final plat for ANDOVER SECTION III. Attachments: cover sheet from a full P&Z staff Manager's Office P&Z Staff Report of August 21, 1989 report is available in the City REF/DJK#50/CCANDOVE.TXT 3f.a 71 " ~j; \ PLANNI NG 8 CITY OF OELRAY ZON 1 r~G BORRD BEACH MEETING o=lTE: AUGUST 21, 1989 FlG~ ITEM: 'I~. H STAFF REPORT CONSIDERATION OF FINAL PLAT APPROVAL FOR ANDOVER SECTION III LOCATED ON THE WEST r TEM: S IDE OF THE E-4 CANAL. BETWEEN GERMANTOWN RD. AND THE C-1S CANAL. JUST NORTH AND EAST OF DEL-AIRE GOLF CLUB. GENERAL DATA: Owner................... ....ndover Partnership - Thomas F. Fleming, III & William F. Maher, General Partnership ...gent...... .................ndover Partnership Location... ..............On the west side of the E-4 Canal, between Germantown Road and C-1S Canal, just north and east of Del-...ire Golf Club. Property Size............22.662 "'cres (987,157 Sq. ft.) City Land Use Plan...... .SF (Single Family) City Zoning.. ............R-l...... (Single-Family Dwelling District) Adjacent Zoning...... ... .North of the subject property is zoned R-l......... and ART ("'gricultural Residential Transitional District). South and West is zoned R-l....... East is zoned RM-10 and RM-15, which are MUltiple-Family Dwelling Districts. EXisting Land Use........Vacant land Proposed Land Use........51 single family lots Water Service....... ... ..Requires extension of 8" water main from the existing 12" water main which traverses the ,parcel. Sewer Service. ... .... ... .Requires extending 8" sanitary sewer lines. } -.. - - .. . ...!i.:,.- ......-...L:._ THE COOSS"'HO' ~r-;'c--... "",Jd ! Ji-, "\. . C>lO~~S , ,'if'" PHAS~ "I1. IPt1.AS~"..;j;1 .-:', I....~ R./;r.:I~ .. PU.T - AHDQV!1 SECTIOH lIt . ,j.,.r....-r---. 'I "01<0"''''",1.., ,.. to , r, l"I"7fj" "10~,,~,l ..te , J......-L..... t. tOI....I,. ...',.I')ll" I" -- ./:.......... '":\- "0 ~ ,-""'' /. .....--;-...i .Il.) p.-~ ,. et' ...~!- ...._~ ',~oo' ('~'" '. I \. ....1. '. , I. ,'-. .." ., -I ..._ . _ r.....~. ..( II j \ II '-- -, ,,' I ,u). '<'i'~ I @ i '. ,- f~ 8 '$f-1 l~ :.:'~ . .~. ;i;iJ ,.... " :;, m. .._.._--.--~ -- ~ i .. '" .. 4 ~ .' '!. ::! ! :.. .'8 .t '. sle ":-0., .. . ..... a . .. , . ~ .;t~ ~ 6." , ~ ,. !. .. e 0, ...- ~, ~ ~ ~o .. .... :: '"q>~. if". t - '" - ~ - ~. .M J a ~ ~ ~ : , \ - ~ , .. ~ '0 o ~ . . z t " . 'I"~ '.h ;, - ~ .,. . tf4 - ~:i~ o_~..~ l I ~..... .... t , 0 1\1 or . f . , , ~ l ~ t ,. -. --.--.-j- .. 'll". . 2 oJ o ~I , ; '1 N .- o . J -0 Of , J -... -- --, -- .~.- :j~ . "~ . C I T Y COMMISSION DOCUMENTATION TO: ROBERT A. BARCINS~I, ASSISTANT CITY MANAGER . ~~,<, // ~~~~ VIA: FRANK R. SPENCE, DIRECTOR CJ::;:r~c= FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 12, 1989 CONSIDERATION OF A RESUBDIVISION FOR A PORTION: BLOCK I, ESTATES III, SUBDIVISION (KRAMER) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a replat for a portion of the The Estates III Subdivision, a y~~'" of The Hamlet development. This replat involves adjustment to lot lines and the creation of an additional buildable lot. BACKGROUND: A few land transactions occurred by deed within Block I of the the Estates III Subdivision. When an opportunity to transfer the balance of the property arose, problems created by those transactions and a desire to create another buildable lot necessitated the submission of a new plat. While there are no problems associated with basic development regulations (zoning and subdivision compliance), a few legal problems did develop. Each of these has been resolved through cooperative efforts of the City and the agent; however, as of this writing one problem remained, that being the inclusion of some portions of the original Lot 1 within the plat. The situation can be handled in one of two ways: a) by inclusion of the original Lot 1 in it's entirety, or b) showing the transferred property with reference to legal documents but excluding it from the platted area i.e. similar to solution devised for the Crosswinds replat. In that either solution can be accepted in this unique situation, the matter has been placed before the City Commission for action. The solution to the above will be presented at the meeting. PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of August 21, 1989. the Planning and Zoning Board certified the final plat and forwarded it to the City Commission with some items to be handled prior to Commission consideration. With the exception of Lot 1, those items have been complied with. RECOMMENDED ACTION: By motion, approve the final plat for the KRAMER SUBDIVISION, a portion of the Block I, Estates III Subdivision. Attachments: cover sheet from a full P&Z staff Manager's Office P&Z Staff Report of August 21, 1989 report is available in the City REF/DJK#50/CCKRAMER.TXT 31 :' j copy OF PROPOSE.D PLAi ~iL.ANi\C ~"ENUE (S R 806\ ..---- )1~ 10' . r_~l' . ... " 2l g \3 ," ,- " :aN ~... "'.'" . .~~ l? '" ;":' ;' / ,~'/ / / ~8800' z~)O. '" " " fIl a., " , ......" ,,'" .0'# ',"'1 ..~Jo.,.../' C, .4 1"/ ~ ......:.4" / I'_~ ......-r... 0'" ..+,/ Q>1J' ",'" ~. U' -- % 0\ o .;1 '" ..; o ;, '" S89'\6'OZ.W \89.73' J'~ fit :3', .0 />"'..' ~ ' ~ M, '" '1'~~>. "'. I ... .. 0, ~ ... '" :II t..., \ ~ ,-. ~.., "0.".'.... . ...t".. 0:4 -< . ..':'. '" ) S~ ,ro>. . ,OG \ I , \ .I , .. ~ , " "}. . !Ie. lc... . " .~ .. .~ .1'" ...~ ~~l'l eo '. ~~ ,....,,~1 .~'. ..' , .." ~~.. po.,l '" , _ - S -------- ' ,.:- -rt-.l.\~"~ - -------- .;- __ _'<,... ~"'OQ.. ...~:a~ ./"./" /' ~~~\r-.'" ,/' ~O':J ~'''\ - /' \ ",- ro> ( '" : , , , i \ \ . \\~,~ \"~: " "' 0 " . . ," ,- - -- \ \ \ \ -' - ('- \ - -----'...' t: ~~ ;f~' ::.;. ..... :;~.: ':,~ .~}~ : >~ . .j';-' ~t ~:-; PLANN I NG 8 ZtJN I NG CITY OF DELRAY BOARD BEACH MEETING ~TE: AUGUST 21, 1989 STAFF REPORT AGeo:l ITEM: IV. K CONSIDERATION OF FINAL PLAT APPROVAL FOR THE REPLAT OF THE ESTATES III LOCATED AT IT~: SOUTHWEST CORNER OF W. ATLANTIC AVENUE AND HAMLET DRIVE (THE HAMLET). I :@ . , GENERAL DATA: OWner. . . . . . . . . . . . . . . . . . . . . . . . . . . Herbert L. Kramer Agent.......................... .Ilichael D. Gorclon, Esq. Location........................Southwest corner of W. Atlantic Avenue and Hamlet Drive, within The Hamlet. Property Si%e...................4,587 Acres (199,810 sq.ft.l City Lancl Use Plan..............SF (Single Family) City Zoning.....................R_1A (Single-Family Dwelling District) Adjacent Zoninq.................North of the subject property is zoned SAD (Special ActiVities District) ancl County AR (Agricultural Resiclential District). South and east are zoned R-1A. West is zoned PRO-L (Low to Medium Density Planned Residential Development District I. EXisting Land use...............Single-Family Resiclential Development Proposed Land Use...............Same as above Water Service.................. .Existing 8" Water main located along Oakview Drive and Oakview Court and a 4" main located at the north cUl-de-sac of Oakview Drive. ITEM: IV. K Sewer Service.................. . Existing on-Site .:ii' " .;.:, ~ '<-, .~: CITY COMMISSION DOCUMENTATION TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER ~ --------z ~ ~ FRANK R. SP~~CE, DIRECTOR DEVELOPMENT SERVICES GROUP r\~~~U~ ~D J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF SEPTEMBER 12, 1989 CONSIDERATION OF THE FINAL PLAT FOR: ALLAMANDA GARDENS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a final plat for Allamanda Gardens. This plat involves 36 R-1A lots. It is located southwest of SW 2nd St-~_" and SW 8th Au..."....... BACKGROUND: This project involves joint efforts by the Palm Beach County Housing Partnership and the City. The preliminary plat has previously been approved by the Planning and Zoning Board subject to conditions. A final plat was then provided to the Board. Improvement plans were prepared by the Partnership and have been permitted. The City is bidding out the infrastructure and has assumed the obligation for prOViding the water, sewer, drainage, and street networks. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has certified the final plat and forwarded it to the City Commission with some items to be handled prior to Commission consideration. Those items have been complied with. RECOMMENDED ACTION: By motion, approve the final plat for the ALLAMANDA GARDENS SUBDIVISION. Attachments: cover sheet from P&Z Staff Report a full P&Z staff report is available in the City Manager's Office REF/DJK#50/CCALLA.TXT 3<t) PLANN I NG 8 CITY OF OELRAY ZONING BOARD BEACH AGE~ ITEM: JUNE 19, 1989 --- STFFF REPORT MEETING ~TE: IV. E CONSIDERATION OF FINAL PLAT APPROVAL FOR ALLAMANDA GARDENS LOCATED AT THE IT~: SOUTHWEST CORNER OF S.W. 8TH AVENUE AND S.W. 2ND STREET. ", , . , .. . . 7 , , 10 /I, 1'1 - -. - -- , i ! :'. .. ., tJ1 . -~ II ZZ U Z4 GENERAL DATA: Owner.......................... .pat. Beach CO'-lnty Housing- PutneUhip Aq.nt...............................Y1le Larry F,1ahi 'P.L.s. Heller-Weaver and Cato, Inc. toe.t10n........................SOUthwe.t corner ot S.W. 8th Av.n~. and S.W. 2nd Stre.t, between s.w. 'th Avenue and s.w. 10th Avenue Property Siz....................8.94. Acr., (]".775 Sq. ft.) ~~nity R.development Pl.n....Sinql. Family a..identi.l City Zoninq.....................R_1A (Sinql.-Femily Dwellinq , Oi.trict) Adj.cent Zoninq.................North of the .ubject property i. zoned RK-6 (~ltipl.-Femily Dwellinq Oistrict). South, e.st end "ut of the property i. zoned R-1A. Existinq LAnd Use...............v.c.ne tend Propo.ed L.nd V.e...............]6 lot .~[vi.ion per the R-1A code requir...ntl. Water servic....................Exi.tinq ,_ Water main. north, south and ..,t of the subject property," . Proposed 6" water m..in to be extended ..lonq the e..st .ide s.w. 10th Avenue, between S.w. 2nd Str.et and S.w. 3rd Stre.t. rTEM:~. E . Sewer Serv1e....................Servie. 1s available tr~ eXist1nq ~~ on adjacent streets. 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" I G ~ ... .. .. ~ I. a,,: '2 ~ :1 , . . ~ " o fio' C I T Y COM MIS S ION DOCUMENTATION TO: ROBERT A. BARCINS~I, ASSISTANT CITY MANAGER c~_,,__,/ /!? ~ VIA: FRANK R. SPENCE, DIRECTOR ~OPMENT SERVICES GROUP ~)o.J--v\~ ~0~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 12, 1989 CONSIDERATION OF A CONDITIONAL USE REQUEST AMUSEMENT CENTER IN THE DELRAY MALL ACTION REQUESTED OF THE COMMISSION: The action requested of the City commission is that of approval of a conditional use request which will allow establishment of an "amusement facility" in the Delray Mall. BACKGROUND: This is a straightforward request. Previously an amusement use existed in the mall; however, it was abandoned and it is necessary to follow the conditional use process for reestablishment of the use. The use will be totally confined to the interior of the mall. Please refer to the P&Z staff report for more background and the project analysis. PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of August 21, 1989J the Planning and Zoning Board forwarded the request to the Commission with a unanimous recommendation of approval. There was no public comment, other than the applicant's presentation, at the public hearing; however, two letters of objection were received. RECOMMENDED ACTION: By motion, approve this request for establishment of an amusement facility in the Delray Mall. Attachnients: cover sheet from P&Z Staff Report of August 21, 1989 a full P&Z staff report is available in the City Manager's Office REF/DJK#51/CCAMUSE.TXT 3q '.'.-. ",:::;, ~t j LHNl\J 1 NG 8 ZON 1 NG CITY OF OELRAY BOARD BEACH - -- STAFF REPORT MEET ING 09TE: AUGUST 21, 1989 AGe,m ITEM: III. B CONSIDERATION OF CONDITIONAL USE APPROVAL FOR BALLY'S AMUSEMENT GAME FACILITY AT ITEM: THE DELRAY MALL LOCATED AT THE NORTHWEST CORNER OF LINTON BLVD. AND FEDERAL HWY. GENERAL DATA: I. IS ... ~ OWner.......................... .WRI Oelray Associates. Limited Partnership - S.R. Weiner, General Partner Le..ee..........................Bally.. Aladdin's Castle, Inc. Aqent......................... ..Thomas B. Golz and Morris G. Mi ller Location........................NOrthwest corner of Federal Highway and Linton Boulevard, within the Oelray Mall. Leased Area.................... .1.401 sq.ft. City Land Use Plan..............C (Commercial) City Zoninq.....................CC (Community Commercial) Adjacent Zoning.................North of the subject property is zoned RH (Medium Hiqh to High Density Dwellinq District), RM-10 (Multiple-Family Dwelling District) and ME (Mobile Home Park District). South is zoned SC (Specialized CommerCial). East is zoned LC (Limited CommerCial) and RM-15 (Multiple- Family Dwelling District). West is zoned LI (Light Industrial). Existing Land Use...............vacant bay 1'n the Delray Mall Proposed Land Use. ..............Amusement Game Facility ITEM: III. B ,r .:::, ~ .~. CITY COM MIS S ION DOCUMENTATION TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER /~~.-:.. /:.~ /~--~ VIA: FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP GJ~,-~ V-0uQ~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 12, 1989 CONSIDERATION OF A REQUEST FOR ADMINISTRATIVE RELIEF ADDITIONAL COMPACT CAR SPACES @ DELRAY YACHT CLUB ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of Administrative Relief for eight additional compact car parking spaces in conjunction with new development at the Delray Beach Yacht Club property on MacFarlane. BACKGROUND: Previously the site plan and an attendant request for Administrative Relief for some compact car spaces was approved by the City Commission. During the preparation of the final plat, it was discovered that there was insufficient lot depth to meet all requirements for parking lot design and retain the minimum width for landscape islands. A solution to the problem involves the granting of Administrative Relief so that eight additional parking spaces can be designed for compact cars. Wi th this action, there will be a total of 18 of the more than 100 spaces so designated. Please refer to the staff analysis for more details on this request. PLANNING AND ZONING BOARD CONSIDERATION: Since the site plan has already been before the Board, request has gone only to the Technical Advisory Committee which has recommended that it be approved. this (TAC) RECOMMENDED ACTION: By motion, approve the requested administrative relief. Attachments: letter request and site plan excerpt a full staff report is available in the project file REF/DJK#50/CCYACHT.TXT 40 M E M 0 RAN DUM TO: TAC FROM: RE: DATE: PLANNING DEPARTMENT DELRAY YACHT CLUB - REQUEST FOR ADMINISTRATIVE RELIEF AUGUST 23, 1989 A request has been received from Matthew Gracey, for Administrative Relief for the Delray Yacht Club to allow eight (8) additional compact car spaces at the Delray Beach Yacht Club. The compact parking spaces are located immediately south of the proposed Condominium building (see attached plan). This request has been submitted so as to provide a five (5) foot landscape strip between abutting parking tiers pursuant to Code Section (173.772(D)(3l. As indicated on the site plan the landscape strip is 3.5 feet. However, if the request is granted the landscape strip will be increased to 5.5 feet. Pursuant to code, the TAC must make findings in accordance with Section 173.775(A)(4) as follows: 1. The relief sought is consistent with the specific prOV1Slons applicable to the request as set forth at Section 173.775 (8) 2. The intent of the parking code is preserve~~ 3. The parking provided will be sufficient to serve the use for which it is intended. 4. The relief sought will not be detrimental to the public health/welfare or safety. Re: Criteria #1 Section 173.775(B)(4) states "Administrative Relief may be approved in accordance with Section 173.771 (F) to allow the use of compact car parking spaces for long term employee parking. In order to apply for such relief, a site plan shall be submitted ShOwing the location and number of the proposed compact car space~' . Section 173.771(F) states" When approved in accordance with the provisions of Section 173.775 "Administrative Relief" uses which provide long term parking i.e., a parking lot or facility that is intended to be used primarily by on-site employees, may be permitted to provide compact car parking spaces up to thirty percent (30\) of the total parkinq reqUlrement. // .~. To: TAC Re: Administrative Relief Delray Yacht Club Page 2 Thirty percent (30%) of the total parking spaces for the Yacht Club (only) equates to 22 spaces. As only 16 compact spaces (8 spaces per this request, with the additional 8 spaces previously approved) are proposed, this request is in keeping with the provisions mentioned above. Re: Criteria #2 The intent of the parking code is to allow compact parking spaces for long term parking or employee parking. This area will be designated for employee parking. Re: Criteria #3 The number of required parking spaces is not being reduced. Re: Criteria #4 The location of the compact parking spaces does not create any hazard to the circulation pattern. RECOMMENDATION Based upon the above findings recommend approval for "Administrative Relief" to allow 8 additional compact car spaces subject to the condition that signing per Section 173.772 (C)(5)(a) be incorporated on the site improvement plan. P&Z Staff Report >",.., Meeting of April 11, 1989 Delray Beach Yacht Club Page 3 (C) Inqress and eqress: Presently there are three pOints of ingress/egress to the property. Two are located to the south and serve the Yacht Club. The third is to th.-north and presently serves the marina parking area. The northerly 8fte access will now serve the proposed residential development. There are no known problems with the current situation. There will be no changes to the current situation. There are no sidewalks in the immediate area. The agent has requested that a waiver be granted from the requirement which requires the installation of a sidewalk along MacFarlane. Installation of a sidewalk would require removal of mature landscaping. Given the unique situation, such a waiver can be supported. , D) Off-street arkin and loadin requirement, calculated based upon spaces. It was determined as follows: 12 two bedroom units @ 2.0 per unit guest parking @ 1/2 space per unit 53 boat Slips @ 1 per slip 9,652 sq.ft. of other uses @ 5 spaces per 1,000 sq.ft. areas: The individual uses, parking is 1H ....... . 24 6 53 48 ....... . ....... . 112 parking spaces are shown on the site plan. This number excludes a substandard employee parking area. Thus, a deficiency exists. In addition, eight (8) eXisting spaces are proposed to be converted to compact spaces in order to prOVide additional landscaping (trees) along MaCFarlane. ....... . The agent requested administrative relief pursuant to 173.771(F) for the compact spaces; and pursuant to 173.771(E)(2) to accommodate mUltiple uses. The Technical Advisorv Committee has reviewed these requests and recommends that: (1) the compact spaces be approved; and (2) that instead of accommOdating the request for mUltiple uses, a standard be created for a "yacht club" and that this standard be as follows: ~lu~~space per 1,000 sq.ft. of floor area and outdoor seating/eating area plus one space for one half of the number of boat Slips. multiple family residential portion yacht club portion ~sing this new standard, the requirements Would be: ..... . 30 spaces 75 spaces ..... . . .:..;..- I ( August 16, 1989 Mr. David Kovacs Planning Department City of Delray Beach Re: Delray Beach Yacht Club Site Plan Dear David: As per our conversation, we would like to request administrative relief in order to provide eight additional compact car spaces instead of the standard spaces. These compact spaces will allow us to increase the size of the adjacent landscape island to meet the code requirement for landscaping between parking stalls. Thank you again for your time and patience. Sincerely, The Yacht Club of Delray Beach Inc. Matthew Gracey, Jr. RE"'" r: n~:!r.D 1J."'..",.....d..~ . 7 ",,J ,. .;,: 1:.:\..) ".\ '. " . " :::~ ..;, r: <I . .~ :::;. ! ), :~~ :~ 'I .': , d '~ ............ · "..:: r;- . :-- i~;' :'. t~" ~--"-~ ,I, i ~f; I I I --ni --~..; -- f II 1- -- ~I..,..,: 1-"1 1,1: JI G,~ . It , . , i i c . ~ i ; I , . " 2 o~ ~ , - , J , '" , . ~ I I 1- I ULJl J . , l , 0 z , - , l ' 10 . SO: f 2 . i 0 ~ : u ' i k. ~ :-; 2 i C! =?.- 1_' N ~!l - 'Ii} i ~ ~ '-I ~..~ 2 ~U " -----, r : I Ii] I, , i; p J, rJ i j ~i ,J! ! I I , I U ,i U I f' 'L.: ~ a. ~ of> i . . . " . I 1 . ~ I -- . o I .,'n' ,~ r: '. L" I N I I I ',' - JI..,_f__ '" :i I -to' . . -r.#Ionolo . ~.~., ---.:1 /..............,..... , ii, U 1'\ p--; , : t I: . I' " r' " }- z' ~ ; IJ i L , . - ; ~ It II 11 ( , 11 , 'I t '. I , ' u , - B . ~ . , , , - ~'I . I . " I, I f I I I \:i 2. ~ 0. I '" ~ - . ..----... Il --" CI' .O-,O? c! 4! C\ Ii , '2 , ~ I I OCl) '" ~ , I , , ~ .J , .J II J Wz ij <! ...J CI)_ d ~I a. '~ , 0< ~ ! ~ a. ~ ~ II , I '" , ~~! :. , ~ ; . I :1, ~ 'LUjl~ "I I :; 'I i I ! , ! r-'."~""",,'::' , 2..._..~......,:.....u _~-----c::.... . j- T . ~ o I ~ ! -' ~ 2 [ITY DF DELAAY BEA[N ~\~_. q;~y CITY ATTORNEY'S OFFICE ; I '.1 \J <;;rru rT SL Iii ~)I lR \) HI" \('ll. r I.ORID.-\ 33-11'1.' ":",,,, :~ ;-7119(1 iTU('(}!'IIR -l117'~7,""'47.55 1'o1EMORAND'JM Date: August IS, 1989 To: WiHiam Greenwood, Dil'ector of Public Utilities From: Herbert W,A. Thiele, City Attorney Sllbj ect: Receipt of Proposed 20-Series Wellfield Pumping System Surqe Analysis The City Attorney's Office is in receipt of a letter dated August 4, 1989 from Mark S. Morris, Project Manager for CH2M HILL. This letter represents il description of a 20-Series wellfield pumping system surge analysis that you felt. that CH2M HILL should perform as an additional work task to the Addendum ijp. 3 of the February 11, 1988 Agreement for prOfessional -servlces between the City and CH2M HILL. In that '.'regard, the City Attorney's Office has no particular problems with your request or with the description of the work set forth i.n Dr. Morris' letter of August 4, 1989. We request that if this is acceptable to you and the City Administration, that the matter be scheduled at the next available City Commis- sion regular meeting for their approval of this amendment to l\ddendum No.3. ~ If you have any questions, please contact the City Attorney's Off ice. c%- HT:sh Attaclunent cc: Malcolm T. Bird, Interim City Manager Robert Barcinski, Assist.ant. City Manager Mark S. Morris, CH2M HILL Ridgway Hall, Esq., Crowell & Moring . , ttJ ~ ._ Engineers _ Planners ~ Economists _ Scientists August 4, 1989 SEF24708.B1 Mr. Herbert W. A. Thiele, Esq. City Attorney 310 S.E. First Street Suite A Delray Beach, Florida 33483 Dear Herb: Subject: 20-Series Well Field Pumping System Surge Analysis Mr. Bill Greenwood indicated to us during recent discussions that the City had experienced some problems with water hammer in the pipe lines at the Golf Course Well Field. This condition can cause rupture of the pipelines in some cases. Mr. Greenwood was concerned..,that water hammer may also cause a problem at the 20- Series Well Field and the Air Stripping Pretreatment System. He has asked us to evaluate the potential for water hammer problems in this system. In response to this request, CH2M HILL proposes to perform a hydraulic surge analysis of the well pumping system from the 20- Series Well Field to the Air Stripping Pretreatment System. The analysis will include an examination of the anticipated pressures in the system should a power failure occur causing all 20-Series production wells to fail simultaneously. CH2M HILL will prepare a letter report summarizing the findings of this analysis. Mr. Greenwood also asked us to consider the potential water hammer effects of a power failure of the pumping system that transfers the raw water from the air stripper sump to the raw water main at the WTP. We advised him that this condition had been simulated during the testing of the standby power system and had no adverse effects. Although we could perform a surge analy- sis on this system similar to that described for the well pumps above, the actual performance of the system under this condition has shown that no problems exist. The analysis on this part of the system is not considered necessary. CH2M Hill Southeost Flo,ido Office HillsbofO Executive Center Nofth, 800 Fairway Drive, Suite 350 305,426,4008 Deeftield Beach. Flarida 33441 407.737,6665 . ~ , Mr. Herbert W. A. Thiele Page 2 August 4, 1989 SEF24708.B1 The activity described above represents an additional work task to Addendum 3, FDER Permit Compliance Items and Startup Services, of the February 11, 1988 Agreement for Professional Services be- tween the City of Delray Beach, Florida and CH2M HILL Southeast, Inc. The estimated cost of this task is $1,900 based on the time and expense necessary to complete this work. If you concur with this task description and the estimated costs provided, please sign in the space provided below. This letter will then be considered as part of the standard agreement for professional services between the City of Delray Beach and CH2M HILL Southeast, Inc. If you have any questions concerning this matter, please contact me. Sincerely, CH2M HILL fV\~t;. rY\c>~ Mark S. Morris, Ph.D., P.E. Project Manager Approved: Herbert W.A. Thiele, City Attorney City of Delray Beach dbt012/032.50 cc: Bill Greenwood/City of Delray Beach Ted Belser!CH2M HILL Greg McIntyre!CH2M HILL I .. MEMORANDUM FROM: Robert A. Barcinski Asst. City Manager/CS -, william H. Greenwood (;tJ~ elf'?I)"1 (~ Director of Public Utilities TO: SUBJECT: DOCUMENTATION - CITY COMMISSION - SEPTEMBER 11, 1989 PROPOSED AGREEMENT BETWEEN CITY AND CH2M HILL - WELLFIELD ASSESSMENT, PROTECTION AND REMEDIATION DATE: August 31, 1989 Item Before Citv Commission Requests City Commission to approve Addendum No. 4 between City and CH2M Hill Engineers, Planners, Economist and Scientist for professional services with City of Delray Beach Emergency Well Field Assessment Protection and Remediation Program. Funding source will be account #441-5162-536-60.80 in the amount of $101,155. Backcrround CH2M Hill Engineers, Planners, Economist and Scientist has been retained by the City of Delray Beach to perform requested servic- es pertaining to Emergency Well Field Assessment, Protection and Remediation. Public Utilities Department has identified additional services required of the Consulting Engineer to insure a safe reliable raw supply from ground water. In addition, Public Utilities Department requires the services of the Consulting Engineer to comply with Palm Beach County Wellfield Protection Ordinances. Recommendation Staff recommends City commission approve Addendum No. 4 to CH2M Hill Engineers, Planners, Economist and Scientist existing Engineering Contract in the amount of $101,155.00 . ~ ~ .. .\ '- Engineers _Planners --eo Economists Scientists July 24, 1989 SEF367,65 Mr. Herbert W, A, Thiele, Esq, City Attorney 310 S.E, 1st Street, Suite 4 Delray Beach, Florida 33483 Dear Mr, Thiele: Subject: City of Delray Beach Emergency Well Field Assessment, Protection, and Remediation During recent discussions with Mr, Bill Greenwood and Mr, Larry Hartin regarding such issues as wellfield protection, water supply during emergency situations, and the potential for pro- duction well contamination, several notable problems were identi- fied, Mr, Greenwood and Mr, Martin indicated that the following issues should be addressed as expeditiously as possible. 1, The City Water Treatment Plant has a buried underground storage tank close to Production Well PW-13 which needs to be replaced to comply with the Palm Beach County Well Field Protection Ordinance, This would most likely be replaced with an above ground tank sized to provide adequate fuel for a portion of the Water Treatment Plant's standby power re- quirements, To properly perform this task, we will need to assess the current standby power and fuel storage provisions at the City's Water Treatment Plant, 2. The Water Treatment Plant needs secondary containment for three above ground sodium aluminate storage tanks to comply with the Palm Beach County Well Field Protection Ordinance, These tanks are located next to the chemical storage build- ing near Production Well PW-13. 3. The City's well fields have insufficient standby power, A loss of power would affect the operation of the contaminated 20~Series Well Field and the Air Stripping Pretreatment Sys- tem. Mr. Calvin Johnson, the Water Treatment Plant Superin- tendent, has indicated his concern that if the 20-Series Well Field were out of operation for an extended period of time due to a power failure that the plume of contamination CH2M HILL Soulheo.t Florida OffIce HIllIboro Executive Center North, IJ()(J fairway Drive. Suit. 350 305,426,4008 Oeetf/eld Beach. Florida 33441 407.737,6665 ~ . .- / Mr, Herbert W, A. Thiele Page 2 July 20, 1989 SEF367.65 currently treated by the air stripping system would begin to migrate into other areas. 4, If another Contamination problem similar to the 20-Series Well Field were to occur at the Golf Course Well Field, it would not be detected until the contamination was in the production wells, We discussed the possibility of identify_ ing potential sources of contamination at or near the Golf Course Well Field and placing early warning monitor wells in strategic locations. These wells could be sampled periodi_ cally and analyzed for Contamination. If contamination were detected in the monitor wells, appropriate measures could be taken before the production wells were impacted. 5. Nickel and cyanide have been detected in Production Wells PW-1 and PW-2. These chemicals have not, however, been detected in the finished drinking water. There is presently no drinking water standard for nickel or cyanide according to the Florida Administrative Code. In addition, the con- centrations of these chemicals detected in the production wells were less than the Florida Department of Environmental Regulation (FDER) groundwater cleanup criteria. Nickel and cyanide, however, are not desirable in a drinking water sup- ply. However, the continued presence of nickel and cyanide may indicate a potential contamination source in the vicini- ty of these production wells, Mr. Greenwood indicated that these wells were taken out of service once the problem was discovered. At Mr. Greenwood's request, we have prepared a scope of services addressing these issues, The general scope of this project is to continue prOViding engineering services to the City in response to well field Contamination, protection, and remediation. The general scope of the project is as follows: 1, The City owned underground diesel fuel storage tank near Production Well PW-13 at the Water Treatment Plant will be removed to ensure compliance with the Palm Beach County Well Field Protection Ordinance. This tank will be replaced with an above ground tank sized to provide fuel storage for standby power generation, The proper sizing of these tanks will involve a review of the Water Treatment Plant's current standby power capacity. The City will be advised of the findings of this review. A meeting with Mr. Greenwood and his staff will be held to evaluate the desired standby power . ~ . Mr. Herbert W. A, Thiele Page 3 July 20, 1989 SEF367.65 capacity and duration. An additional standby generator will be specified to accommodate deficiencies in standby power capacity at the Water Treatment Plant if necessary, 2. Secondary containment of sodium aluminate stored in above ground tanks located at the Water Treatment Plant near Production Well PW-13 will be provided to comply with the Palm Beach County Well Field Protection Ordinance. 3. The standby power capacity and duration for the City'S production wells will be reviewed, The findings of this review will be summarized in a report to the City, A meeting will be held with Mr, Greenwood and his staff to evaluate the desired standby power capacity and duration, A standby generator will be specified to accommodate deficiencies in standby power capacity at the production wells. 4. Possible Sources of contamination to the Golf Course Well Field will be investigated and summarized in a report to the City. A system of monitor wells will be proposed that could be used for detecting contamination in the aquifer before the Golf Course Wells are impacted. 5. Production Wells PW-l and PW-2 will be sampled for nickel and cyanide. Potential sources of in the vicinity of these production wells will and summarized in a report to the City. Please find attached a scope of services for continued efforts in addressing wellfield contamination and protection, If you have any questions regarding this work, please give me a call. and analyzed contamination be evaluated Sincerely, CH2M HILL Mo....JL ~. fV\o~ Mark S. Morris, Ph.D., P,E. Project Manager dbpOO 1 \ 051. 50 cc: Bill Greenwood/City of Delray Beach Gregory McIntyre/CH2M HILL John Curtiss/CH2M HILL . ~ . . MEMORANDUM TO: Robert A. Barcinski Asst. City Manager/Community Services r---, William H. Greenwood Ii) ~ C)J,Wt1 ~ Director of Public Utilities -~ FROM: SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 11, 1989 - PROPOSED AGREEMENT WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., CONSULTING ENGINEERS - MODIFICATIONS TO THE NORTH WATER PLANT DATE: August 31, 1989 Item Before City Commission Request City Commission approve Amendment No. 4 titled "Modi- fications to the North Water Plant" between the City and Post, Buckley, Schuh and Jernigan, Engineers. Funding source will be account #441-5122-536-33.11 in the amount of $53,357.00. Background Post, Buckley, Schuh & Jernigan's reports titled "Annual Report and Management Plan" indicated major were required to the North Water Plant. Therefore, the proposed scope of services attached indicate the following major work items; 1. Tank inspection, cleaning and rehabilitation 2. Facility master plan and architectural concept 3. Electrical system rehabilitation 4. Pump Station Telemetry 5. Pumping system rehabilitation This facility was constructed during 195 and has essentially been neglected and the facility is aesthetically unpleasing. Reservoir needs major cleaning and Buildings require modifications and aesthetics. The electrical system should definitely be on 480V system not exist. testing to prevent leakage. improvements to improve the is presently on 220V and it and the telemetry system does Recommendation Staff recommends City Commission approve Buckley, Schuh & Jernigan's existing contract in the amount of $54,357.00. Amendment No. 4 to Post, continuing engineering . ~ 46 ~ / AUTHORIZATION NO. TO AGREEMENT Entered Into-ana-Between CITY OF DELRAY BEACH, FLORIDA 100 N. W. 1st Avenue Delray Beach, Florida, 33444 Dated February 1, 1989 And POST, BUCKLEY, SCHUH & JERNIGAN, INC. 5300 West Cypress Street, Suite 300 Tampa, Florida 33607 For MODIFICATIONS TO THE NORTH WATER PLANT Post, Buckley, Schuh & Jernigan, Inc. (ENGINEER) shall provide professional engineering services, as hereinafter described, to the City of Delray Beach (CITY) for modifications and rehabilitation to the North Water Plant. 1. D BACKGROUND The North Water Treatment Plant site originally processed groundwater from nearby wells prior to storage and pumping into the distribution system. A similar facility was constructed south of this plant. The original treatment consisted of aeration, chlorination, and stabil ization using 1 ime. In order to provide a higher level of water quality to it's consumers, a treatment facility with a higher level of treatment was constructed at the South Treatment Plant site. The North site was then converted to a storage and pumping faCility. This facil ity has remained in service for a number of years without the benefit of major inspections, upgrade or rehabilitation. The City is desirious to remedy this situation and to bring this facility to a higher level of service. 2.0 SCOPE OF SERVICES 2.1 TANK INSPECTION, CLEANING, AND REHABILITATION SPECIFICATIONS A. After the Ci ty of Del ray Beach removes the tank from service, PBS&J will oversee a leakage test of the tank. B. Upon completion of the leakage test, PBS&J will inspect the interior of the tank. The City will dewater the tank and will provide ventilation, self-contained breathing equipment, lighting and any other related items required to facilitate the inspection of the tank. C. PBS&J will prepare a report summarizing the conditions observed. D. PBS&J will prepare a specification to be used by the City to secure a contractor to clean and make minor repairs to the interior of the tank including expansion Joint repair or replacement. Preparation of design and specifications for any required major repairs beyond those minor repairs listed will be considered extra services. E. PBS&J will apply for the appropriate FDER/Health Department permi ts. 2.2 FACILITY MASTER PLAN AND ARCHITECTUAL CONCEPT A. Upon completion of Task 2.1, PBS&J will prepare a master plan for the faCility. This plan will be based on the inspection observations, current system master plan and input from the PUblic Utilities Staff. This master plan is not intended to be time and finanCially consuming, but rather a short report to serve as a basis for short and long range improvements to the fac il i ty. tm:EnvCont7:F/l \ \ -1- ~~. ., ,;."; . I.:'. B. PBS&J, through its Subconsultant Ms. Dorothy Mckenna, A. LA., will prepare two alternatives for the architectural enhancement of the facil ity. 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 480 vol ts 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 te 1 emetry system project. I f 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, information relating to the North Water under this program. E. The City will dewater the north tank and will provide ventilation, self-contained breathing equipment, lighting, and any other related items required to facil itate the inspection of the tank. drawings and other Pl ans to be mod ifi ed 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 0;' these services, they would be included in an additional authorization. tm:EnvCont7:F/2 -2- 4.0 COMPENSATION Compensation for engineering services shall be based upon entered into and between the C!TY and ENGINEER on June 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 the AGREEMENT 10, 1985 for $ 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: For the CITY: POST, BUCKLEY, SCHUH & JERNIGAN, INC. CITY OF DELRAY BEACH By: By; Doak S. Campbell, III Mayor Attest: Attes ted ; Approved as to Form City Attorney tm:EnvCont7:FI3 -3- ~ i r: f:l ~ ~ ~ ~ - !rl .. ~ ;S ~ Ii d . tn 8 ~ ~ ~ el ail g: i iiil '" ~I- $ ~ ~Iq~.! iI! >- __........ ~ :ii==~""'- - ~I!!liii ~ 111J~d .. : :no!a~2 ~ :,.lill-~- iii 1;.fij~i . ::j1Jf;jl!l ~ ~ aii:!i~~ I = = I f f ! 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" - i.:: :: ~ i .:: .. :::... : ,. ib: .. .." ... :t :~tg: f :;';..: ... ......... .. :r;~: f i =3,.: ;: i.-ti i.t ... ....'Y.,.. .: .:: t=m :. .-.-----------..1- ~~ ~-re-t.~-.zi--.-- ~ :3 I I I I I I - .. -- ~.d :: I :a , = :a i ~ = :: -~, ; .... I i :: :11 f I~'I ~i , l~l~1 ;~ = ;:; I ~ Sm.! I ~~ ~1I ~i I ~..M~ i I~~ m~i~1 -Iii ~1J I_~I ~ I~......~~...~...I I ~'" N~~~..~~N~S~..~~N~ . ;a ~w_~~~__;_-;;~;~ ~ I ~~ i m;~==_ I ~ ~ ~i f ! aIWWiw=: ! j~i e ~~ Iii ~!;j,"--i!!l!D~if,!5j i! d~ ~ ~ !;'IiiJ!<l!lJllJl--.~~Cl !;~a~ ~!: ~ 3 ~~~~~mlJllJl~Sd ~~~~ ~~ : II a"'l'I- ~ -.,;;~ . ;;: ~~! - 15 I ~ m d !i! ~ ~ ~liI~i !;!~ ~liioll : a @e - !i lilll I 3 i S r'~~ j~!li!ill~llgI~ ENGINEERING DEPARTMENT "/10 7' '. TO: ~M-BIRD /' ri9rEiIDi CI'IY MANAGER /),.: 9., ~ R. SPENCE / P r- / DIREcroR DEVELOPMENr SERVICES MEMORANDUM THRU: FROM: )J ^ fI GATES D. CASTLE, P.E. Ai \..-CI'I'Y ENGINEER DATE: AUGUST 22, 1989 SUBJECT: TROPIC ISLE DRAINAGE - PHASE II Attached is a copy of an Fasement Deed granted to the City in conjunction with the subject project. The easement, granted by Eva Favitta, across the west 6' of lJot 388, is required for the installation of a stonn drain outfall frcm Iris Drive to the canal. The City Attorney has reviewed the Fasement Deed and approved same (copy of City Attorney's August 3rd memo attached). An Agenda Request Fonn for this item is attached for further processing. GDC:slg l ~ J44 . ,.. ,.,. EASEMENT DEED - " "~ . _THlS.J.['lDENTURE, made this 11.: day of ~, Inr, by and between $,-... ro..rJ!..a... a s' "crl '" woma,n parties of the fu5t ~art, and the CITY OF DELRA Y BEACH, a Flortda municipal corporation in Palm Beach County, State of Florida, party of the second part: , WITNESSETH: That the parties of the first part, for and in consideration of the sum of Tim ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknow,ledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: stenn drainaqe with full and free right, liberty, and authority to enter' upon and' to Install, operate, and maintain such stenn drainaqe under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida. to-wit:' , EASEMENT The West 6' df Lot 388, Tropic Isle, 3rd Section, as recorded in Plat Book, 25, Pages 36'& 37, Palm Beach County Records. Concomitant and coextensive with this right is the further right in the party of the second part, its successor,s and assigns, of, ingress and egress o,ver and on that , portion ,of land described above, to effect the purposes of the easement. That this easement shall be suJ;lject only to those easements, restrictions, and reservations of record, That the parties of the first part agree to provide for the release of any and all mortgages'or liens encumbering this eaSement. The parties of the first part also agree to erect no building or effect any other kind of construction or improvements upon the above-described property. , ' _.:. Parties of the first part do hereby fully warrant the title to said land and will defend the sameag,ainst the .Iawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above- described easement and that the same Is unencumbered. Where the context of this , Easement Deed allows or permits, the same shaU Include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year.first above written. , WITNESSES: ~' ~flMclU)'~C\ , ,I , -b... r, .<I~ ,6 C' a~--tL_ PARTIES OF THE FIRST PART C:~~~ A single woman ST ATE OF FLORIDA COUNTY OF PALM BEACH , , I HEREBY CERTIFY that on this day, before me, an of~icer authorized in the State, and County aforesaid to take acknowledgments, personally appeared ~.EJ..}O..\J,'+-+o. ,well known to me, and th.ey acknowledged executing~the,same. I-i\.. WITN SS my hand and official seal in the County and State last aforesaid this lE:: day of ,19M-. " Notar Public, State 0 Florida at Large My Commission Expires, .- Not..., PubIi,. Stilt 01 FloridI ,- My (_inion Expitll Feb. 10. 1991 ao_d_d If".. Io~' 111001 ".....III1_I.c. [ITY DF DELRAY BEA[H .~ . ".y, '. 6;",\ ,"';' ": :: CITY ATTORNEY'S OFFICE j I () S. I . 1 ,t STREFT. sun: -4 . OF LRA Y Br-:ACH. I LORID-\ 334RJ 407/243.7f1l.HJ n:LLCOPII,R 407127X-475S - _...--.., ,..-:-'" MEMORANDUM .~ 0 6 bJ Date: August 3, 1989 .... u....~l ..".--".,. To: Wayne Woodward, Engineering Department -',- - / From: Herbert W.A. Thiele, City Attorney Subject: Review of Proposed Easement Deeds for Eva Favitta and patricia Davidson This mem~randum is in response to your memorandum to me of July 28, 1989 which requested our review of two proposed Easement Deeds, one for Eva Favitta and one from patricia Davidson. As to the Eva Favitta deed, the form of this deed and the execution thereof meet with our approval as to form and suffi- ciency. We note that there has been no certification as to the record title ownership of this property and thus we have not been able to review same. In the instance of the proposed Easement Deed from patricia Davidson, while your memorandum indicates that the mortgagee joinder and consent form relates to the patricia Davidson property, in the package which you transmitted, it was attached to the Eva Favitta deed. This will obviously need to be clarified since the joinder form does not specifically mention the property that is the subject matter of the joinder form, but merely indicates that it is an attachment to an easement deed. As with the Favitta deed, again, there has been no certification of record title ownership of the prope,rty for us to review. As to the issue with Ms. Davidson's spouse, this is a subject that we have discussed previously, and continues to be my concern that if both Dr. Davidson and patricia Davidson reside on the premises, then it is possible that Dr. Davidson could claim some interest in the property and in the proposed ease- ment. That is why I reconunended that the Easement Deed be executed by both husband and wife to assure that there are no problems in the future. However, if the City Engineering Department, the City Manager's Office, and the City Commission wish to accept an Easement Deed I . , . . t 1 Wayne Woodward, Engineering Department August 3, 1989 Page 2 of this nature as a pOlicy matter, then the form of the Ease- ment Deed, being the City form, meets with our approval. Once again, these matters need to be presented to the City Commission for their consideration and acceptance before the Deeds can be recorded. If you would like any additional information or if you wish to discuss this matter further, please contact the City Attorney's Office. cff1 HT:sh cc: Malcolm T. Bird, Interim City Manager Frank Spence, Assistant City Manager Gates D. Castle, City Engineer Elizabeth Arnau, City Clerk l . ENGINEERING DEPARTMENT ";/4 ~r · ~ MEMORANDUM TO: ~tllili&e0Ut T, BIRD ~ INT&atM CITY MANAGER THRU: ~ q...,FRANK R. SPENCE (f/~DIRECTOR DEVELOPMENT SERVICES FROM: )j^-t..GATES D. CASTLE, P.E. N CITY ENGINEER DATE: AUGUST 22, 1989 SUBJECT: TROPIC ISLE DRAINAGE PROJECT - PHASE II Attached is a copy of an Easement Deed (and related Joinder and Consent of Mortgagee to Easement) granted in conjunction with the subject project. The easement, granted by Patricia Davidson, is across the east 6' of Lot 389, Tropic ISle, 3rd Section, and is required for a proposed storm drain from Iris Drive to the canal. The title to the property is in Mrs. Davidson's name alone, however, she resides at the property with her husband, Dr. Davidson, who has refused to sign the Easement Deed. This poses a problem to the City Attorney, as per paragraph 4 of his August 3rd memo (copy attached). It is requested that the acceptance of this Easement Deed be considered by the City Commission. An Agenda Request form for this item is attached for further processing. GDC:slg Attachment . 4-s . ~ , \' - EASEMENT DEED - ~r .- L f. a m"de this cll- day of 1 eD, 19'B:[, by and between rnrdplr~ of the first part, and the CITY OF DELRA Y BE CH, a Florida municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the parties of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknow.ledged, does hereby grant, bargain, sell and release unto the party of the second part, its SUCCeSsors and, assigns, a right of way and perpetual easement for the purpose of: s~ dr",n",9'" with f~ll ~nd free right, Jibe.rty, and authority to enter' upon and to nstall, operate, and mamtam such stem dra~nage under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: EASEMENT '!he Fast 6' ofIot 389; Tropic Isle, 3rd Section, as recorded in Plat Book 25, Pages 36 & 37, Palm Beach O:lunty Records , '. Concomitant and coextensive with this right is the further right in the party , of the second part, its successor.s and assigns, of. ingress and egress over and on that ' portIon of land described above, to effect the purposes of the easement. That this easement shaIl be su~ject only to those easements, restrictions, and reservations of record. That the parties of the first part agree to provide for the release of any and all mortgages'or liens encumbering this eaSement. The parties of the first part also agree to erect no building or effect any other kind of construction or improvements upon the above-described property. . , ....: Parties of the first part do hereby fully warrant the title to said land and will defend the same against the.lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above- 'described easement and that the same is unenOlmbered. Where the context of this ' Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year.first above' written. ,WITN~.~_ 1r----- ) - , 'HlAlMHl .;IY't:ut!-;Jf.P 1 A Married Woman ST ATE OF FLORIDA COUNTY OF PALM BEACH . . I HEREBY CERTIFY that on this day, before me, an of~icer authorized in [) t(1e, S)f;te;-f";:~ ~nty aforesaid to take aCknowledgm,ents, personally appeared rPt1"'€.\qo.. IV~ : ell known to me, and th.ey acknowledged executing the,same. 51- WIT this~..!-aay of y hand and offici a ,19 I 5t aforeHid /' My Commission Expires: NOI"AIlY IlIa.It Sf An ('I hllllllM PIV CCft1lIIIClN EllP Ailll, ",I ~ IICNlED TIAJ IfElAL INS, I.Nl JOINDER AND CONSENT OF MORTGAGEE TO EASEMENT THIS JOINDER AND CONSENT, made and entered into this 24th day of July, 1989, by CenTrust Bank, a State Savings Bank, a Florida savings and loan association, f/k/a CenTrust Savings Bank, a Flor~da savings and loan association (hereinafter referred to as "Mortgagee"). WIT N E SSE T H : THAT, WHEREAS, Mortgagee j,s the owner and holder of that certain mortgage dated April 15, 1988, and recorded in Official Records Book 5640, at Page 190, of the Public Records of Palm Beach County, Florida (hereinafter referred to as the "Mortgage"); and WHEREAS, the Mortgage encumbers the land (hereinafter referred to as the "Land") described in the Easement to which this Consent is attached; and WHEREAS, Mortgagee has agreed to join in and consent to the Easement; NOW, THEREFORE, Mortgagee agrees as follows: 1. Mortgagee does hereby consent to the Easement and the recordation of the Easement. 2. This Joinder and Consent shall apply and be effective solely to the Land and nothing contained herein shall affect, alter, modify or impair in any manner whatsoever the terms and conditions, lien, operation, effect and priority of the Mortgage upon any real or personal property enCUmbered by the Mortgage. IN WITNESS WHEREOF, the Mortgagee has caused this instrument to be executed by its duly authorized officer the day and year first above written. WITNESSES: CenTrust Bank, a State Savings Bank Mortgagee . / By: ~,~-u~ ~ Se or Vice President ACKNOWLEDGEMENT IF PRINCIPAL IS A CORPORATION State of Florida ) ) SS: County of Broward ) I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and County named above to take aCknowledgments, personally appeared Geofoe G. Gundersen , known to me to be the person described n and who executed the foregoing instrument as Senior Vice President of CenTrust Bank, a State Savings Bank, a Florida savings and loan association, and he/She aCknowledged before me that he/She executed the foregoing instrument as such officer in the name and on behalf of the association, and ,that he/She also affixed thereto the official seal of the association. SWORN TO AND JUly, 1989. SUBSCRIBED before me this 24th day of &L~~~~~) Notary Public This instrument prepared by and returned to: My Commission Expires: NCTA n P'IAlIC', STATE or HCRIOR AT LRIIE MY COM"llSION EXPIRES JUNE:6 1992 BONO EO THRU HUCKLEBERRY & ASsOcrATH DAVIDSON I tz, 'Eo 1="'IZ'IVES Co;;o' i2'/1.J) ~ .... Q'24 -.,. -- --- 4Q.~' "1c>- a::> I e;:;cJ' I I I I I I I I J...<::>r-"!>OfC> 1.Dr ~s"' I-a I Lor~ ~ i I ~ I I : I It' oeAl~J!o (,) c.-fI!MeH"T"' "to .011:) I _.J , ., ......tJO~ ~"4)'~" -- AoAA/" c:- C,AHAJ.., (i 10' 'E/~) DESCRIPTION The East 6 feet of Lot 389, TROPIC ISLE, 3RD SECTION, as recorded In Plat Book 25, Page 36 and 37 of the public records of Palm Beach County, Florida Oft".,..." ~ftO..IlECT NO. Tm.. EXHIBIT "A" DRAINAGE EASEMENT ~ 1989 J.A.R. = 20' W.B.W. B-003 LOT 389 of TROPIC ISLE PLAT CITY OF DELRA Y BEACH. FLORIDA ENGINEERING DEPARTMENT CHECKED BY ORAWINQ NO. , [ITY OF DELHAY BEAEH 'f:~-- iif .' f..t, -- ~" f.,~~ .' , ;,' " ~--~' . -.{.> CITY AnORNEY'S OFFICE 3105.1. !st STREET, SUiTt ~ DFLRAY BLACH, ITORIDA 33483 407/243- 7(19(1 TFL.FCOPI1'R 4n712 7K-4 755 ,---.., , "~~~ MEMORANDUM " 1m 0 8 ~) Date: August 3, 1989 ,-,;,,-",\"--- ...J.l.;,.....PT To: Wayne Woodward, Engineering Department -" / From: Herbert W.A. Tluele, City Attorney Subject: Review of Proposed Easement Deeds for Eva Favitta and Patricia Davidson This mem<trandum is in response to your memorandum to me of July 28, 1989 which requested our review of two proposed Easement Deeds, one for Eva Favitta and one from Patricia Davidson. As to the Eva Favitta deed, the form of this deed and the execution thereof meet with our approval as to form and suffi- ciency. We note that there has been no certification as to the record title ownership of this property and thus we have not been able to review same. In the instance of the proposed Easement Deed from patricia Davidson, while your memorandum indicates that the mortgagee joinder and consent form relates to the Patricia Davidson property, in the package which you transmitted, it was attached to the Eva Favitta deed. This will obviously need to be clarified since the joinder form does not specifically mention t.he property that is the subject matter of the joinder form, but merely indicates that it is an attachment to an easement deed. As with the Favitta deed, again, there has been no certification of record title ownership of the property for us to review. As to the issue with Ms. Davidson's spouse, this is a subject that. we have discussed previously, and continues to be my concern that if both Dr. Davidson and patricia Davidson reside on the premises, then it is possible that Dr. Davidson could claim some interest in the property and in the proposed ease- ment. That is why I recommended that the Easement Deed be executed by both husband dnd wife to assure that there are no problems in the future. However, if the City Engineering Department, the City Manager's Office, and the City Commission wish to accept an Easement Deed I ; \ Wayne Woodward, Engineering Department August 3, 1989 Page 2 of this nature as a policy matter, then the form of the Ease- ment Deed, being the City form, meets with our approval. Once again, these matters need to be presented to the City Commission for their consideration and acceptance before the Deeds can be recorded. If you would like any additional information or if you wish to discuss this matter further, please contact the City Attorney's Office. cYP HT:sh cc: Malcolm T. Bird, Interim City Manager Frank Spence, Assistant City Manager Gates D. Castle, City Engineer Elizabeth Arnau, City Clerk 1 . MEMORANDUM TO: Robert A. Barcinski Assistant City Manager Joe Weldon r Director of Parks & Recreation Joseph Dragon t~ Assistant Director I~rks & Recreation Documentation Ci Commission Meeting-9/12/89 EASTERN SURFING ASSOCIATION PROPOSED EVENTS THRU: FROM: SUBJECT: DATE: August 24, 1989 BACKGROUND Eastern Surfing Association has requested permission to hold a total of three (3) amateur surfing contests in Delray Beach on the fOllowing dates: Contest 1: Contest 2: Contest 3: November 4th and 5th, 1989 January 6th and 7th, 1990 February 10th and 11th, 1990 Each contest is scheduled for a Saturday and a Sunday beginning at approximately 8:00 a.m. and finishing around 4:00 p.m. located at the S-4 lifeguard tower and surfing area. Approximately 80 to 100 participants of all age groups are expected to attend. ESA will provide special events liability insurance naming the City of Delray Beach as an additional insured on a $1,000,000.00 liability limit policy. Release forms are to be reviewed by Risk Management and the City Attorney has been consulted regarding this event. Overtime labor expenses will be reimbursed by the ESA. These contests have been hosted by the City of Delray Beach in the past. ACTION Approval by City Commission for the Eastern Surfing Association to hold three (3) surfing contests according to the terms agreed upon above. RECOMMENDATION Recommend Commission approves hosting of Eastern Surfing Association contests. . ~1lo ~ -... ~ Easi:ern Sur'jns Assocjai:jon July 31, 1989 City of Delray Beach Mr. Richard Connell, Beach Supervisor 100 N.W. 1st Avenue Delray Beach, Fl. 33444 RE: Eastern Surfing Association Amateur Surfing Cont~sts Dear Rich, Well, another contest season is approaching and the E.S.A. would very much like to hold a few surfing contests in Delray this year. Unfortunately, due to the lack of time and local sponsorship we had to forego the opportunity of holding a contest in Delray last winter. This year we would like to change things. The Easter Surfing Association would like to hold a total of three (3) amateur surfing contests in Delray Beach on the following dates: Contest #1 Contest #2 Contest #3 November 4th & 5th January 6th & 7th February 10th & 11th Each contest is tenatively scheduled for a Saturday and Sunday. It would start at approximately 8:00 AM and finish up by 4:00 PM. Trophies and prizes would be awarded to all winners on Sunday. The proposed contest area would be at lifeguard station S-4 ( surfing area) and I expect between 80 - 100 individuals of all age groups to attend each event. As I was informed last year, the E.S.A. will provide the City of Delray Beach with a Special Events liability insurance policy naming the City as co-insured for each event ( liability limit - $1,000,000.00 ). Also, I will provide a letter from our National Executive Director attesting that I have the authority to bind the organization to the contractual agreement specified in your Specific Use Permit: and submit a copy of our E.S.A. liability release form stating that the participant or his parent/guardian agrees to hold the City harmless and that they fully understand they are assuming the risk of a potentially dangerous undertaking. "_'__sera . O'NEILL . 1& ""'":'\iUI.:h. ,"'~ -""'Y::1't~~ t (4;. COSTA DEL MAR ....::.--"I).,'~, ififfi. r:-~~~i I I ~ . , Page 2 The only item needed from the City of Delray would be a designated parking area for those contestants that attend our event. Please let me know what we need to do to secure these contest dates with the City of Delray Beach. I am really excited about having a Contest in Delray. You can reach me at the following numbers: Evenings (407) 276-2310 Days (305) 651-7100 Ext.289 or write to me at: Eastern Surfing Association Bruce Johnson, District Director 705 Linton Blvd. # A-101 Delray Beach, Fl. 33483 I hope t~ hear from you Soon. IS~ C ~ Bruce c. Jo~nson District Director . ~ . MEMORANDUM TO: Malcolm T. Bird, Interim City Manager FROM:~Robert A. Barcinski, Asst. City Manager/Community Services SUBJECT: CHILDREN'S SERVICES COUNCIL - REQUEST FOR FUNDING DATE: September 11, 1989 City Commission is requested to consider a request from Services' Council Steering Committee for $1,000 to Assembly on Children's Issues in Palm Beach County October 5th - October 7th. the Children's support their to be held on Funding is available in account #001-1111-511-33.81 (City Commission _ Special Events). RAB/sfd . . . < +7 September 5, 1989 MEMORANDUM TO: MALCOLM BIRD, INTERIM CITY MANAGER FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: CHILDREN SERVICES COUNCIL/STEERING COMMITTEE SCHEDULED ASSEMBLY/OCTOBER 5-7/REQUEST FOR FUNDING Pursuant to the correspondence received from the FAU/FIU Joint Center for Environmental and Urban Problems and the FAU Institute of Government regarding the Assembly scheduled at the Jupiter Beach Hilton, October 5-7, 1989, I contacted Mr. Jack Holcomb to confirm the City's participation. He stated that it is the intent of the Steering Committee to have an appointed person from the City of Delray Beach along with other invited persons from the Delray Beach area as participants in this Assembly. However, the Steering Committee is requesting to be placed on the September 12th Commission Agenda to formedly request a financial contribution of $1,000 towards the expenses of this general assembly. Mr. Holcomb stated several municipalities have committed this amount. The presentation to the Commission will be made by Mr. Holcomb and Mrs. Elizabeth Wesley. His official title is Coordinator of the Child Advocacy Board and Member of the Steering Committee. He can be reached at 355-4717. For your information, Mr. Holcomb had been communicating with the former City Manager regarding this request to be scheduled on the Commission's Agenda. His initial contact was made in April or May, 1989, however, the formal date of the Assembly had not been set. He stated it is critical that they be scheduled at this time. cc: Frank Spence Bob Barcinski ~ 4-1 . OUR CHILDREN..OUR FUTlJJ{E: IItn American Assembly on Children's Issues in Palm Beach County PARnCIPANT INFORMATION DATES Thursday, October 5 - Saturday, October 7, 1989 LOCATION The Jupiter Beach Hilton, Jupiter, Florida AGENDA Registration and continental breakfast will be available from 9:00 to 10:00 a,m. on Thursday, October 5, with the general session convening at 10:00 a.m. The Assembly will adjourn by 12:00 noon on Saturday, October 7th. MEALS All meals are served banquet style and are provided at no cost to Assembly participants. (Observers are welcome to monitor the Assembly. Meals and break costs for observers are not covered by the Assembly's budget. Meals for observers must be ordered and paid for in advance. Please contact the lOG for further information.) SLEEPING ROOMS All room reservations will be handled by the Institute of Government tltaff. Hotel rooms, based on double occupancy, will be provided at no cost to you for Thursday and Friday nights, If you prefer to have a room to yourself, please indicate that on the enclosed form (you will be responsible for paying the hotel the $40.00 per night difference, and this must be guaranteed ahead of time with a credit card). Such requests will be honored on the basis of space availability at the hotel. Check-in time is 4:00 p.m., but the hotel may allow you to register earlier if rooms become available, Check-out time on Saturday is 12:00 Noon. OTHER EXPENSES All tr8n~portation, room service, telephone, liquor and other expenses must be paid for by the individual participant. All major credit cards will be accepted by the hotel. PREPARATION FOR THE ASSEMBLY Preparation for this Assembly includes reading background materials provided by the Joint Center. Participants are asked to read and study the background materials in advCince of the meeting. ADDITIONAL 'NFORMATION Drivir>g directions and the Assembly agenda will be mailed to you along with the background paper approximately two weeks prior to the Assembly. REGISTRATION In order to assure your participation, it is essential that we receive your reply form as soon as possible. If you have any questions concernIng the Assembly. please call the FAU Institute of Government. 407/367-3185. . ~ . .. . , THE AMERICAN ASSEMBLY DAY 1 PanlClpants go Into assIgned breakouts. PARTICIPANTS CONVENE AS A WHOLE AT THE END OF EACH SESSION, RECORDERS GIVE THEIR NOTES TO STAFF. STAFF MELDS NOTES INTO DRAFT CONSENSUS STATEMENT. I I AT THE END OF THE DAY, STAFF MEETS WITH FACILITATORS AND RECORDERS TO MAKE SURE THE DRAFT CONSENSUS STATEMENT ACCURATELY REFLECTS THE GROUPS' OPINIONS. BREAKOUT ;' -- -" ;' --- ........................ " "" ------ .......~--JC-- DAY2 BREAKOUT I I BREAKOUT I I BREAKOUT -.... """'" -- --..... " - , --..... ....... '- .......... ~ ~-- I I BREAKOUT I -- --- , ......~-- AT THE END OF. EACH SESSION, RECORDERS GIVE THEIR NOTES TO STAFF. STAFF MELDS NOTES INTO DRAFT CONSENSUS STATEMENT. I AT THE END OF THE DAY, STAFF MEETS WITH FACILITATORS AND RECORDERS TO MAKE SURE THE DRAFT CONSENSUS STATEMENT ACCURATELY REFLECTS THE GROUPS' OPIN'ONS. DAY3 I PARTICIPANTS ARE GIVEN DRAFT CONSENSUS STATEMENT AT BREAKFAST. I I PARTICIPANTS CONVENE AS A WHOLE TO REVIEW AND AMEND CONSENSUS STATEMENT. FOLLOWING THE ASSEMBLY STAFF DISTRIBUTES FINAL CONSENSUS STATEMENT TO ALL PARTICIPANTS AND OTHER INTERESTED PARTIES. ~ t ~ MEMORANDUM TO: MALCOLM BIRD, IN~RIM CITY MANAGER ~/1~' , FRANK R. SPENCE, DIRECTOR, DEVELOPMENT SERVICES FROM: SUBJECT: REQUEST BY UNITED WAY TO WAIVE SOLICITATION FEE DATE: SEPTEMBER 7, 1989 ----------------------------------------------------------------- REQUESTED ACTION The United Way of South Palm Beach County is requesting the Commission to waive the $300.00 Annual Fee which the City requires for any organization to solicit funds within the City limit s . BACKGROUND The Ci~y has received an application from the United Way of South Palm Beach County to solicit funds for their annual fund raising activity which is scheduled to begin September 14, 1989. The City charges a $300.00 Annual Fee for any organization to solicit within the City. The United Way is requesting Commission to waive the $300.00 fee in order to minimize United Way's expenditures and maximize the dollars that are donated by De1ray Beach residents to help the less fortunate within our community. The Commission has granted such a waiver to worthy organizations such as the United Way. RECOMMENDATION It is recommended that the $300.00 Annual Fee for solicitation be waived for the United Way of South Palm Beach County for the 1989-90 Campaign. , FS:kwg Disk:FS.#1 B:United.Way Lt~ of South Palm Beach County . ~~ September 5, 1989 660 Unton Blvd.. SUite 200 P 0, Box 687 Delray Beach, FL 33447.0687 (4071278-1313 Frank Spence Director of Development City of De1ray Beach 100 N.W. 1st Ave. De,lray Beach, Fl 33444 ~ Services Dear Frank, As per our telephone conversation Thursday, August 31, you are receiving the enclosed application for permit to solicit. I trust you'll find everything in order. If you have any questions or need further information please do call me. Attached please find a check in the amount of $40.00 for the application fee. Last year it is my understanding that the City of Delray waived the $300 annual fee, in order to minimize United Way's expenditures, so that dollars donated by Delray residents could be used within the community to help less fortunate. If this was not to be interpreted as a precedent please advise and another check shall be issued. Thank you for your cooperation and all the support you and your staff so generously give to United Way. v Si~,?CerelY, 'j -ire I): UiR C Wendy k~]~d (/ Accountant fi9J Oy ....~ U".-,-,.: \"'0.', ,'I.;~ ",' ","' ';II:;eO(ilr)~1C', _""~"_' C':- L,j', ~, Please remember United Way of South Palm Beach County In your will -;', , , , 300 West Atlantic Avenue . Delray Beach, Florida 33444-3666 (407) 243-7888 Fax (407) 243-7816 8~ Delray Beach Police Department CHARLES KILGORE Chief of Police MEMORANDUM TO: Ted Glas, Purchasing Director FROM: William H. Cochrane, Major Support Bureau THRU: Richard Zuccaro, Director of Data Processing Malcolm T. Bird, Interim City Manager~~ Charles Kilgore, Chief of policer~ THRU: THRU: DATE: August 18, 1989 SUBJECT: REOUEST FOR PURCHASE-AUOIX VOICE MESSAGING SYSTEM In a recent appropriation of funds from the existing surplus and the Public Safety Facility Bond Issue, this is one (1) of four (4) items that were approved and $15,388.88 was appropriated for the purchase of this item. Due to the tremendous increase in telephone traffic in the police facility, this is a recommended addition to assist the existing System 75 to be more functional/operational. Our goal is to improve customer service and by installing this software, we feel it will greatly enhance the calling public seeking specific information from various units within the pOlice department. Funds are available in account 338 2161 521 68.89 (Project 338581) . The additional backup information is attached for your information. We request your approval. !tJJto;.~~~ WILLIAM H. COCHRANE, MAJOR Support Bureau WHC/gb Att. PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER I ~ +1 .. 1 - PRODUCT DESCRIPTION /" AT&T AUDIX VOICE POWER The AT&T AUDIX Voice Power (Voice Messaging System) is a collection of communication services provided for your telecommunication services. AUDIX Voice Power is simply a voice terminal feature that can be added to a 6386WGS processor enabling it to act - as your personal answering machine, a messenger, or an office receptionist. AUDIX Voice Power software consists of five separate services Call Coverage Services Voice Mail Service Automated Attendant Services Message Drop Service Announcement Service More than one service may be active at one time. The System Adminis- trator determines which services are active and may provide you with separate numbers to call the Announcement Services, or to call the Voice Mail Service directly, or to access Voice Mail from outside your office. CALL COVERAGE SERVICE: I The when both Call Coverage Service answers your phone and takes messages you are not available. Call Coverage provides coverage for inside and outside calls. Anyone using a touch-tone or rotary voice terminal can leave a message with the Call Coverage Service. VOICE MAIL SERVICE: AUDIX Voice Power equips your voice terminal (telephone) with the Voice Mail Service. This service provides you with the controls to record your name with your extension and retrieve messages that callers leave while you are away from the voice terminal. In addition, the Voice Mail Service lets you send recorded mes- sages to other registered AUDIX Voice Power users without actually calling them. This feature is especially useful when you want to send the same message to several AUDIX Voice Power users at one time. Just access Voice Mail and record the message. Then dial the exten- sions to which you want the message sent. When you receive a message, AUDIX Voice Power automatically turns on the message waiting light on your voice terminal providing your PBX has a level word calling feature, such as the AT&T System 75 and 85 or Definitive Generic I or 2. ~ . ~~,- .. ~ The Message Drop Service allows authorized people zation to solicit information internally or from number to the Message Drop Service. in your organi_ the telephone AtlTOHATED ATTENDANT SERVICE: The automated attendant service functions like a telephone opera_ tor or an office receptionist. It screens and transfers calls and gives callers the opportunity to leave messages. If the called party fails to answer after a specified number of rings or if the extension is busy, the AUDIX Voice Power Automated Attendant plays a busy/no answer message. It then plays that party's personal or standard greeting. The caller is presented with the following options: Record a Message, Transfer to another extension, Trans_ fer to an Attendant. NOTE: After the caller records has the oPtion of transferring ferring to another extension. a message, the caller again to an attendant or trans- MESSAGE DROP SERVICE: The Message Drop Service is used primarily when your organization needs to solicit information or to allow callers to "drop off" orders. Callers to this number hear a recorded message requesting specific information. For example: "Tell us what you think of AT&T Voice Messaging System. Wait for the tone, and record your message." This service allows the caller no voice-activated, it disconnects the stops speaking. The maximum length utes. other options. Since it is call as soon as the caller of each message in two min- ANNOUNCEMENT SERVICE: The Announcement Service is simply an information service. The System Administrator assigns a telephone number to this Announce_ ment Service. People calling this number hear a recorded message, When the message concludes, the system terminates the call. Your System Administrator may provide you with a to call to hear Announcement Service messages. might be instructed to call this number during a out if your place of business is open or closed. specific number For example, you snowstorm to find --- --~- -- 1 , , II Ii RESOLUTION N0, 56-89 I: 'I " Ii A RESOLLlTIO~ OF l'HE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING AND PROVIDING FOR A REFER~UM ELECTION TO BE HELD ON OCTOBER 17, 1989, CONCERNIN3 WHETHER AMENDMENT SHOULD BE MADE TO THE DELRAY BEA~R no~WN DEVELOPMFRT AUTHORITY ACT (CHA:?TE.t{ '1-60<1 LAW OF FLORIDA, AS AMENDED). ;..'HERE;',;:;, -:;",ct10fl 5.rp of the Charter of the City of Delray Bench ~nd Section 34.03 of the Code of Ordinances of the r.ity of Delray Beach sets forth procedures for the calling of special elections; and, WHEREAs, this resolution shall serve as notice of such special election, , , I, I II WHEREAS, Chapter 89-477, Laws of Florida authorized certain amendment to be made to the legislation pertaining to the Downtown Development. Authority; and, j: i " II :1 ii Ii i: I! I: , , I WHEREAS, the provisions of Chapter 89-477, Laws of Florida requires as a condition precedent to the effectiveness of the amendment that a referendum election be held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section ~. That a referendum election is hereby ordered to be held in the City of Delray Beach, Florida on October 17, 1989 to deter- mine whether the amendments to the Delray Beach Downtown Development Authority Act (Chapter 71.604 Laws of Florida, as amended by Chapter 72-624 Laws of Florida and as may be further amended) should be adopted as set forth in Chapter 89-477, Laws of Florida (HB 850), which is attached hereto and expresSly made a part hereof. Section 2. That the polling locations or places shall be as determined by the Supervisor of Elections for Palm Beach County, Florida, and all qualified 'electors of the City who vote in said elec- tion shall vote at said designated polling places. The polls shall be open on the date of said referendum election from seven 0' clock A.M. until seven o'clock P.M. on the same day. Only the dUly qualified electors within the boundaries of the current and proposed Delray Beach Downtown Development Authority area will be permitted to vote in said referendum election. Section 3. That the City Clerk of the City shall prepare and give notice of the referendum election above required by causing a copy of this resolution, wi.th an appropriate caption, to be published at least twice, once in the fifth week and once in the third week prior to the date of said referendum election in the Delray Beach News, the first PUblication to be not less than thirty (30) days prior to the date of said referendwn election. The City Clerk shall also cause, pursuant to Section 34.03 of the Code of Ordinances of the City of Delray Beach, Florida, a notice of the referendum election, two times, once each week prior to the week ot the special election. The City Clerk shall secure from the pUblisher of said newspaper an appropriate affidavit of proof that said resolution has been duly published as herein set forth, and 50 , zaid affidavits shall be made apart of the record of the City Cormnission. by use of elections, machine. Section 4. That the vote at said referendum election shall be voting machine, the t~~e which has been used in recent City and in the polling place shall have at least one voting II " II I Sect ion 5. The gueztion to be submitted to the electors at said election shall be substantially as follows: 'i ;: ii I , An Amendment to the "Delray Beach Development Authority Act" (Chapter 71-604, Laws of Florida (HE 1250), as further amended) which shall expand the area lying within and under the juriSdiction of the Delray Beach Downtown Development Authority to include properties eastward of the Intracoastal Waterway, northward of the current Downtown Development Authority area to include those properties lying South of N.W. 2nd Street, East of N.E. 7th Avenue and West of N.E. 2nd Avenue, southward of the current Downtown Development Authority area to include those properties lYing North of S.E. 2nd Street, West of S.E. 1st Avenue and East of S.E. 7th Avenue, said geographic boundaries being as more particularly described in Chapter 89-477, Laws of Florida, (HE 850). SHALL THE ABOVE-DESCRIBED AMENIlMENT TO THE "DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT" BE ADOPTED? FOR APPROVAL [ r J ] AGAINST APPROVAL Section 6. That the returns of the referendum shall be canvassed and certifi.ed in the manner provided by law. Section 7. That the Supervisor of Elections for Palm Beach County, Florida, is hereby authorized and requested to make up and certify a list of names of all qualified electors within the boundaries of the current and proposed Delray Beach Downtown Development Authority area. A certified copy of such list shall be furnished to the Inspec- tors and Clerk of the election at the POlling places where the votes are to be cast in said election, and a certified copy of such list shall be filed among the records of this City. Section 8. That said election shall in all other respects be held and conducted in the manner provided in and by the laws of the State of Florida. Section 9. That this resolution shall take effect in the manner provided by law. day of PASSED AND ADOPTED in regular session on this the 12th ~~pr~mh~r , lq8~~ ATTEST: MAYOR City Cleri<: ? RESo.. NO. 56-89 13 A~thority Ire. to lnel~de tho.e prop.r.i.. 1~ lyin, North of I.E. 2nd Str..t,w..t of I.E. lS lat Aven~.. and E.at of I.E. 7th Av'n~e, all l' euch propertlea lyln, wlthin the m~nlelpll 17 bo~ndariee of the CltY'Of D.lray .e,ch, 18 ~ provld!h, fer a r.ferendum. 11 20 .. It Enlcted by the ~.9i.l.t~r. of the at.t. of Florld., 21 --AUG 24 ' 89 , ("( y .' " 1 2 3 4 5 , 7 8 8 10 11 12 16:43 '304 '7'-10130 ':hPSCr'~&~!l'if". ~~ r~) , HI::> 8' S"C) CHAPTER 89- 417 P.2 _ V i'1AR 1 6 /Sag --"'" 208-1U~3~I A bill to be entitled !l:bto 'l.4 An .~t tel<<tin; to the Celra: SeaCh Oowntcwn cevelopm.nt Authorlty, Palm a,ach Coun.y; I..ndin, ch.pter 71-604, Law, of !lortda, .. amended, ..p.ndln; ~hl downtown d,velopment I~thorlty .rea de.erlptlon to lnel~d. prepertie. .Iatwlrd of the Intr.eo....l Wlt.rwly, northwlrd of current downtown development I~thori.y e.e. to lnel~d, tho.e propertie. lyln, So~th of N.W. 2nd ;tr.e~, ~..t of N... 7th AvenuI .nd WI.t of N.E. 2nd AVlnul, .0~thwar4 ef the o~rrent Downtown Clvelopment I.' 1.7 1.8 1.8 1.10 1.11 1.12 1 line 22 'eotion 1. 'ection 3 of oh.pter 71-604, Law. of 23 'lorid.... ..end.d, ie a..nde4 to r.ad. . 24 'eotion 3. DONNTowN AREA DESCRIPTION _ Th. Cowntown 2S area include. all lande lyln, wlthin bo~nd.rle. d..orlbed eel 2. 27 C~nc!n, at a polnt on the lnter.ection of 28 the h19h wlter mark of the Atlantlc Oce.n .nd 21 the la.t.rly proj.ction of the North line of 30 Lot 13, PIlm '.ach Ihor. Aore. (a. in Pllt aOOk 31 7, PI'. 38" th.ne. In I w.eterly dlr,ction 1 1.12 1.13 1.13 1.14 1.15 l.U coellO. Worda aertck.n Ire d.letlon., word. und.rlln.d .r. Iddlt;on.. ll:tt~ -tc A.Q.4f~... 4-; ~ l ~ . AUG 24 ':39 16:4::; '304 _ .-:--':'08:::' '~';R'=0~'i::'l...nf;!,F='~ rlght-o:-wlY lln. 0: AndrewI AVlnu.; ch.no. Southerly to eho ~a.cerly projlocior. of the line 135' north of the louth line of 8100k 164, Town of ~.lray (!o,m.rly Linton), thenoe ~.Iterly along .014 projecclon a di.tano. cf 170.0S' to a pOint, thence NOrth.rly to the louth linl of Lot 4 of 8100k 1641 th.nc. w..t.rly along ..1d louth line to the I..t Plat limit of Se.br.... Park Subdlvl.10n (.. In Pl.t 800k 4, P.g. 31), th.nc. north .long ..1d e..t Plat limit to tha loutha..t corn.r cf Lot 21, Sa.brea.. P.rk, thence walt.rly .long the .outh lina of Lot 21 .nd wa.t.rly projaotion thar.of to the wa.t pl.t limit of S..br.... P.rkl th.nc. .outh..ly along I.id W.'t pl.t limit to tho .outh...t oornlr of Lot 29, Lowry 'ark E.tat.~ ('l.t 800k 24, .ag. 156)1 th.no. In a No.thw..t.rLy dir.ctlon to the .0uthwl.t co.n.. ot .ald LOt 2S1 th.nc. CCntlnulng along .aid lln. to the lnt.r..Ctlon of aaid 11n. With the Kaat right-ot.way 11n. of ~.t Ro.d (Lowry ,..k E.tata., look 24, pag. 158, of tho 'ubllc , Raoord. ct 'a 1m aaaoh County, Florid.), theno. SOUthw..t.rly along .ald w..t rlght-ot.way lln. to tha int....otion ot .aid ourv. With thl w..t line of .aid rlght.ot.way; th.no. Southward .long ..id w..t rlght-ot-w.y lint and It. projlotion Southward to ltl lnt.".otlon with the North right-ot-w.y line of ..at Atlantio Av.nul' th.no. wa.tlrly .lon; .ald right-ot-way 2 CCOXRG. Word. .t.*.k.n are d.lotlonll word. und..llntd ar. .dditlon.. 5 6 7 8 S 10 II 12 13 14 15 U l7 18 11 20 21 22 23 24 2S 28 27 28 a 30 31 P.3 20'.134-3-' 1 2 3 4 al~n9 1&14 Easterly projee:ion :0 ~h. w..t 1 ~ . 8 1-" I l.l9 1.20 1.21 1.22 1.23 1.24 1.25 ---...... 1.28 l.27 1.21 1.30 1.31 1.32 /1.33 . HUG 2~ '~9 16;4~ 3C~, 1 2 3 4 5 6 7 8 i 10 11 12 11 14 15 14 17 18 U 20 21 22 23 24 25 U 21 21 2J 30 31 ,--1088 ~~F'~':'[('I..:~,r'L. ~~ FL.) 201-134-3-' line ot Ea.t Atlantio Aven"e to the We.~ ri;h~- of-way line of the Int.aooolt.l W.tlrway, al now QO~.truct.d and in use, thence Northerly along the We.t :.;h:-of-woy lir.1 of the Int.oooaatal Waterway :0 a poir.t, .ai~ point b.in9 the .altarly proj.otion ot the North 11n. of BloCK 132 (Town of 011 ray (form.rly Linton) a. in .11. Book 1, ~age 25), th.n~a N.at.tly 'long the Ea.terly projection of th. North 11n. of .ai~ Blook 132 and oontinuln; In a N..t.rly dir.otion along the North lin.. of Ilook. 124, (a. in 'lat BOOk 18, pOil 91) to the north.a.t oorn.r of Lot 12, Blook 115 (a. in .lat look 1, pa;e 3), th.no. w..t.rly alon; the north lot line of .ai~ Lot 12 to tha northw..t oorn.r 0' LOt 12, th.nce northerly to the .outhw..t oorner of Lot 20, Blook 115 (a. In 'lat Book 1, _________page 3); '. thence northerly don; the we.t lot line, an~ northerly proj.o~ion th.reof, 0' .a14 Lot 20 to the .outh ri9ht-o'-way line 0' N.I. 2nd Str.et, th.nc. w..t.tly alon9 the .outh tight-ol-way line 01 N.I. 2n4 Itre.t to the northve.t oorner 01 Lot " Block 13 la. in 'lat look 1, page 3); thenoe .outhetly alon9 the weat lot lin. and 'Outherly projeotlon th.rlOf, of Lot i to tha louthv..t cornar of Lot 14, .100k 13, thance wa.t.rly to the north.a.t corner of Lot " Blook 83, th.noe ve.t alon9 the nOtth lot line of Lot 7, Ilock 13 to the .aat rlght-o'-way 11ne 01 N.I. 2nd Avenu., thanea .outh.rly .10n9 the ..at right-ol-way 3 P.4 1. 34 1.35 1.31 1.37 1.31 l.a 1.40 1.42 1.43 1.41 1.46 1.48 1.41 1.50 CODING. Word. e....k." arl deletiona; word. und.rlin.d ar. a~~ition.. l , . ... , AUG :...: . '=:? it:";~ .:'1_;- - - 1. COC' : ,":'F'=,')~~::"'l;" I( ; . ='H F~ ) lJ 14 15 16 17 11 19 20 H aa a3 a4 a 26 27 28 a 30 31 aOI-134-3-1 1 2 J 4 5 6 7 8 9 10 11 lin. ot N.t. 2n~ Avenu. to th. .outh :ight-ot- way line ot N,E. lIt St:llt, thlnc. wI.tl:1y 110ng the south :ight-ot-wIY lin. ot N.I. 1.t St:..t to Its point of lnt.:..ctlon with the Ellt l1nl ot Swinton Avena. II now laid out .n~ In us.; th.nel Southerly 110ng the Ea.t lin. of Swinton Avenue to a point wh.:. It lnt....ct. with the Southw..t corne. of Lot 5, 110ck 5. (a. In Pl.t look 1, PAg. 3), th.no. la.t.rly along thl louth lin. ot .ald Lot 5 and Lot. 5, 4. 3. 2, 1 to thl WIlt :ight-ot-way lin. ot S.!. 1.t Av.nu., th.nce South.rly a10n; the w..t .ight-ot-way of 8.E. l.t Av.nu. to a point ot lnt....ctlon With the no.th .1;ht-ot-way 11n. ot S.E. 1.t St...t, th.nc. eaat..ly alon; the no.th .lght-of-way l1n. of So.o 1.t Str..t ____ to tha .~outh.aat co:n.r of Lot 12,'Ilook 77 (a. in .1at look 1, PAg. 3), th.nc. aoutha.ly alon; tha e..t lot l1na of aald Lot 1 and Lot. a, 3, 4, 5, 5, 7, and' to tha no.th rlght-o'-.,y l1n. ot .... and 't.aat, th.no. aaatarly alon, tha north rl,hc-ot-way lina 0' S... 2nd Scraet to the #outh.a.t co.n.r ot Lot 13, 8100k 118 (aa In 'lat 800k 2, pa,. 8l' th.noa north..1y alon, th. .aac lot l1n., and northarly p.ojactlon th..aot, ot .ald Lot 13 to the .outh.a.t co.n.r ot Lct 14, Ilock 117 la. in Plat look 1, pa,. 3), th.no. no.th.rly alon; the .a.t lot 11n., and northe.ly projeotlon th..eot of .a14 Lot 14 to a point of lnt....ctlon with the w.at..ly proj.ctlon of 4 "p.s 1. 51 1.52 1.53 1.54 1.55 1.51 1.57 1.58 1.5' 1.50 1.61 1.U 1.63 1.64 CODIJO: Nor~. ...te..n a.. d.lotlon., word. und.rlin.d at. addition.. 12 l ~ . >=lUG 71,.' 'ca --.... -'- - , 101 .. .. 1. 13 14 15 16 11 11 U .0 U .a <3 34 <5 ad 2? a8 a, 30 31 l~,: 45 984' ...,;", - 1. 000 CAPSON&L I Nf'~, PR FL! _.5 aO'-134-3-' 1 . 3 4 tne nortn lot line at ~ot 18, 110Ck 11" thence ea..orly alon9 lai~ wo.torly projection to tho nerthwe.t cornor ot .ai4 ~ot 18, thonco .altorly alon, tno nOrth lot lino, and oaocorly projoction th.reot. ot laid ~ot 18 to tho oa.t <i,ht-ot-way line ot S.Z. 1th Avonu., thoneo ooutnerly alon, the o..t ri,ht-ot-way lint ot ..z. 1th Av.nue to tn. .outhw..t carner at Lot 10, Palm .quare, an unrecorded plat, thona. oaot.rly alan, the aouth lot lin.. at ~ot. 10, 45, 51, and ,a ot palm 'quaro Ian unroaord.d plat locat.d in Iloek. la. and the north nalt ot Ilock 133, a. in Plat look 1, PA" 3) to point at int.e..ction with the .a.t ei,ht-ot- way lin. ot tho %nteaaOl.tal .atoeway, th.no. Southerly &lOll' the Ian ri,ht-ot-.ay l1n. ot ~th. tnte~oOl.tal .at.e.ay to the louth...t corn.e ot aloak 141 (aa in .lat loOk 1, pa,. 2'), tho no. ea.t.ely .lon, tho 'outh line at .aid Iloak 141 to eh. louthw..e oorn.r ot Lot A 10. in Ch. JOhn a. R.ld'. Vl11.,. .ubdlvi.ion, in plae look 21, p'" t'l, th.n to a point on the Sout~..t oorn.r ot '014 ~ot A, th.no. in . Noeth.rly 4ir'otion alon, the ...t line ot Lot 1 to the Morth...t aorn.r ot .ai4 Lot 7, th.na. "...ely .lon, .ha North line ot Lot 7, th.nc. louth.rly .lon, the z..t 11n. ot Lot 7 to the louth...t corn.r ot Lot 1 (all oont.in.4 in the John .. aoi4'0 Vill.,. IUDdivi.ion, in Pl.t lock 21, PA'. "1, th.nc. .o..orly to the South...t oornor ot Lot 81 th.no. .....rly 5 1.65 :'.56 5 1. 67 6 7 8 LU 9 1.69 1. 70 l.n 1.12 1.13 1. 74 1.75 1.71 1.77 1.11 L80 COD%NO, Word. ...t.k.n, or. d.l.tiono, word. undorlinod or. additlon.. l ~ . AUG ~4 0'::9 16:46 ?O..:l 'l , ; 15 16 17 18 19 20 21 U 23 24 25 2' 27 2S 2t 30 31 -:--1000 r:APSON~Llr-~N,.pq F'L ~-.,;" :( 201-134-3-, 1 alono the South 11ne of ~ot 8 to the louthea.t corner cf ~ot 81 thence ln a Hortherly ditlctlon Ilona the Ea.t l1n. of Lot. 8, 7, 6, and 5 to the Northeast corner ot laId tOt 5 /1.81 I I i.. 8~ I 2 3 4 ~ [belno ln 810ck 4. Ocean '.rk 8ubdlvi.lon, a. ln .l.t 800k 5, paoe 15), thenoe ra.terly to the SOuthwI.t corner ot Lot 7, Ilook 3, thence 1. 83 6 7 I 9 10 11 12 13 Eaaterly alono the South 11na of .ald Lot 7 to the loutha..t corn.t of tOt 7/ thence Northerly alono thl Ea.t l1nl ot tot 7 to the Hotth..lt corner ot tOt 7 end the Notthw..t oorn.r of tOt 24, Ilock ] (in .ald Oc.an Park lubdlvlalon, 8100k 3), thlnc. raat.rly alon, thl North 11n. ot tot 24 (in Block 3 of Oc..n 'ark lubdlvl110nl to the HOtth...t corn.r of ..1d tot 24, thence E.at..ly to the Northweat corn.r of tOt 7 l.a in Oc..n '.rk lubdivll10n, Ilock ---- 2), thl~CI ln .n IIltlrly dir.ctlon Ilont the north 11nl ot Loti 7 and 24 (1n Ilook 2 of OClln 'ark IUbGivlaion) to the nOtthlalt corn.t of ..1d tot 24/ th.nc. ra.t.tly alon9 thl North 11nl of Loti l' and 2 of Ilock 1 ln thl Oc.an '"rk 'ubdlvl.10n to I polnt at the North..lt . COt nit Of tot 2, Ilock 1, thlno. raatlrly alont an Ixtlnalon of the North l1nl of Lot 2, Sleek 1, OcaIn 'Irk Subdlvlon to thl hlth wltlr mark ot thl Atlantlc OClan, thlncl Horthlrly .10nt eald hi,h wltl. mark l1nl/ to thl .oint of .1,lnnln9, .11 .. ln the Publ1c .Icorda of 'al. Slach County, ,lorlda. 2.10 l. 84 2.1 2.2 14 2.3 2.4 a.5 2.' 2.7 a.8 2.. , CODlNOI Nord. It.teken .rl dllltiona, worda und.tlinld ar. addltlonl. I . , . . RUG 24 '39 1.6:46 900' """"-:000 CPPS,)t'JRLlr-lN,PH !="'- ... , 201-ue-3-' 1 2 3 sactlon 2. Tnis act, except tor tnl1 lactlon which .hall t.ke ettect upon becoming a law, shall takl attlct only upon approval by . majority vota ot the electors ot the aria de.cribed in Saction 1 above voting In a '.!e'lndu~ Ilectlon whlch ehall be called and hela by the City ot Cel,ay aa.ch on behelt ot th. Oe1ray ae.ch Downtown Clvelopment Authorlty ln tha Clty ot De1ray aaeoh at e ,plcisl election occurring at lae.t 80 daye eft.r thl. act become. a law. Any elector o! the county who rel14e. ln tne pro.ent Celrey aeach Downtown Davelepaaftt Authorlty arae or the aree p,opol14 to DO addad to .uoh erae 1. ellgible to yote ln such raf.rendum Illotion. Thara .h&ll b. et l...t 30 4ey.' notic. of the elaction a. prov14.d by s. 100.3e2. Flor14e Stetute.. e 5 6 1 . , 10 11 12 13 14 15 11 11 11 11 20 21 22 23 24 25 26 21 2. 2. 30 31 I.AW WID SjGNAT~~1 tDA'Iil .,.(,-81 .............. '. . , CODING. Wor4. .t...w.n are 4.1etlon., word. un4.rllne4 era .ddltlon.. . ".8 -, 2, II 2.:'3 2.:'4 2.16 . .18 I 12.11 2.20 ..21 RESOLUTION NO. 57-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land (s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the 1and(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the bUilding was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained wi thin Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of De1ray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: S-l Section 1. That assessments in the amount of S2.307.80 Twn t-hnll""nc'l t-hr..e hllndred seven and 80/100 dollars as shown by the report of the City Manager of the City of De1ray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount/s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parce1(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and wi th the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. binding obligations levied. That such assessments shall be legal, valid and upon the property against which said assessments are Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of cOllection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the Subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the of September , 1989. 12th day ATTEST: MAY 0 R City Clerk - 2 - Res. No. 57-89 NOTICE OF ASSESSMENT ~,z:_ ~.. / /:< /y.f7' Date TO: Palm Beach County ADDRESS: PROPERTY: c/o Robert Olson, ProDertv Mana~er, 50 S Milits v T-sfl" P 1 B h Fl - - - ~ - . r.. WPRr a m eac '33q08 30 - 52 SW First Avenue, Delrav Beach. F1 33444 LEGAL DESCRIPTION: South 24.7 feet of Lot 13 and Lots 14 to 16. fn~l ;::... Town of Delray accordlnR to Plat Book I, PaRe 3 of the offf~fAl records of Palm Beach County, Fl B1k. 53, You, as the record owner of, or holder of sn interest in, the above- described property are hereby advised that a cost of $2,307.80 by resolution of the City Commission of the City of De1ray Beach, Florida, dated ~~~ ~<. / '/~ , 1989, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 7-10-89 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Building Official. An emergency action was undertaken at the above described property to remove an unsafe condition. An appeal was not received 30 days after the action was taken although you may still have an appeal right as to the cost of the action. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 8-17-89 at a cost of $2,307.80 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. L~)~' L./7 c;f;_ _u " City Clerk ' = RESOLUTION NO. 58-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list 'with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the bUilding was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the Ci ty Manager of the Ci ty of De 1ray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of De1ray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: S~ Section 1. That assessments in the amount of $2,574.00 Two thousand five hundred seventy four and nO/IOO dollars as shown by the report of the City Manager of the City of Delray a copy of which ~s attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount (s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of De1ray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of De1ray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of cOllecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained- herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the Subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. of PASSED AND ADOPTED in regular session on this the Seotember , 1989. 12th day ATTEST: MAYOR City Clerk - 2 - Res. No. 58-89 NOTICE OF ASSESSMENT .L/Z__LJ /.-( /9ftf Date TO: Donald A. Yeoman ADDRESS: 13146 154th Place North, Jupiter, F1 33458 PROPERTY: 717 E1dorado Lane, De1rav Beach. F1 33444 LEGAL DESCRIPTION: Lot 1, Block 1. Lake Ida Shores First Addition. according ~- to Plat Book 25, Page 71 of the official records of Palm Beach Countv. F1 You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $2,574.00 by ~~f:;~on~~~ of the City Commission of the City of De1ray Beach, Florida, dated '/~ ,1989, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 7-18-89 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as requirad by the,order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on The Board of Construc'tion upheld the decision of the Building Official. An emergency action was undertaken at the above described property to remove an unsafe condition. An appeal was not received 30 days after the action was taken although you may still have an appeal right as to the cost of the action. The City of De1ray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 7-18-89 at a cost of $2,574.00 which includes a ten percent (10%) administrativa fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. L"';y - . L dZ r::;:J1 ~ A n City Clerk RESOLUTION NO. 59-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH: SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION: PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS: PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS: PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances: and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said 1and(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions, and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and Qublic welfare pursuant to Chapter 165, of the Code of Ordinances ~escribing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished: work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed wi thin thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice: and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with: and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official: therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done: and, WHEREAS, the City Manager of the Ci ty of De1ray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of De1ray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved: and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: S~ Section 1. That assessments in the amount of $198.00 One hundred ninet ei ht and no 100 d as shown by the report 0 the C~ty Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of De1ray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the Subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. of PASSED AND ADOPTED in regular session on this the September , 1989. 12th day MAY 0 R ATTEST: City Clerk - 2 - Res. No. 59-89 NOTICE OF ASSESSMENT ./y.z-........."f e--t../ /~ _ /~ .P9 Date TO: GeorKe and Dorothv Mae Mack ADDRESS: 309 S. Swinton Avenue. De1rav Beach. Fl 33444 PROPERTY: 313 S.W. 11th Avenue. Delrav Beach. F1 33444 LEGAL DESCRIPTION: Lot 18. Bellhaven Unit B. accordina to Plat Book 27. ~- Paae 27 of the official records of Palm Beach Countv. Fl. You. as the record owner of, or holder of an interest in. the above- described property are hereby advised that a cost of $198.00 by resolution of the City Commission of the City of Delray Beach. Florida. dated~~ /;7 . 1989. has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 7-18-89 that the Building Official has determined thst a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on The Board of c.onstruction upheld the decision of the Building Official. An emergency action was undertaken at the above described property to remove an unsafe condition. An appeal was not received 30 days after the action was taken although you may still have an appeal right as to the cost of the action. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 7-18-89 at a cost of $198.00 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. d/J~ft~~le-;f-" -'LJ RESOLUTION NO. 60-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective 'owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abClte said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land (s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of pursuant to Chapter 100 of the Code of Ordinances desires oost of said nuisance(s) against said property owner(s), Delray Beach, to as sess the 54- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of De1ray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parce1(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of' the City of De1ray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of De1ray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property (s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the SUbject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the , 1989. day of ATTEST: MAY 0 R City Clerk - 2 - Res. No. 60-89 CODE JF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION N75' OF S100' OF W99.87' E124.87' OF E 1/2 OF SE 1/4 OF LOT 2, 17-46-43, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 1ST ST. & 13TH AVE.) LOT 1, BLK 25, TOWN OF DELRAY, PB 5, P 2, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (337 NW 5TH AVE.') S 1/2 OF LOT 13, BLK 30, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY,FL. (126 SW 4TH AVE.) LOTS 1 & 2, BLK 65, TOWN OF DEL RAY (OLD SCHOOL SQUARE HISTORIC DISTRICT), PB 2, P 20, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (303 N. SWINTON AVE.) E 1/2 OF SE 1/4 OF NE 1/4 LYG. E OF 1-95 (LESS 790' & E25' RD R/W), SECTION 19-46-43, PUBLIC RECORDS, PALM BEACH COUNTY,FL. (SW 17TH AVE.) LOT 5, BLK 1, SOUTHRIDGE, PB 13, P 38, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (136 REIGLE AVE.) LOT 29, BLK 2, SOUTHRIDGE, PB 13, P 38, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (309 SOUTHRIDGE ROAD) LOT 20, BLK C, RIDGEWOOD HEIGHTS, DELRAY, PB 14, P 44, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (1118 SW 7TH AVE.) OWNER O. & ARVILDA MITCHELL 109 NW 13TH AVE. DELRAY BEACH, FL 33444 JAMES MURZIKE 337 NW 5TH AVE. DELRAY BEACH, FL 33444 CHARLOTTE THOMPSON 126 SW 4TH AVE. DELRAY BEACH, FL 33444 GLORIA J. LANG 303 N. SWINTON AVE. P.O. BOX 66 DELRAY BEACH, FL 33444 ROBERT CASE 155 TERMINAL DR PLAINVIEW, NY 11803 C/O EBB VAN LINES 750 SW 17TH AVE. DELRAY BEACH, FL 33444 BELONY MONOTTE WILLIE PHILLIPE 136 REIGLE AVENUE DEL RAY BEACH, FL 33444 ANDRE SAINTIL MARIEANGE MONNEUS 309 SOUTHRIDGE ROAD DELRAY BEACH, FL 33444 M & AURORE S. GONZALES 1118 SW 7TH AVE. DELRAY BEACH, FL 33444 ASSESSMENT $20.00 65.00 (ADM. COST) (RECORDING) $20.00 65.00 (ADM. COST) (RECORDING) $20.00 65.00 (ADM. COST) (RECORDING) $20.00 65.00 (ADM. COST) (RECORDING) $ 20.00 65.00 (ADM. COST) (RECORDING) $20.00 65.00 (ADM. COST) (RECORDING) $20.00 65.00 (ADM. COST) (RECORDING) $20.00 65.00 (ADM. COST) (RECORDING) VIOLATION IS: SECTION 90.03 - STORING, PARKING, OR LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS. -3- Res. No. 60-89 RESOLUTION NO. 63-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING A PRO-RATA SHARE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS. WHEREAS, the City of De1ray Beach Fire and Emergency Medical Services Department represents the Emergency Medical Service interest of the City of Delray Beach; and, WHEREAS, the City of Delray Beach Pro-Rata Grant Funding for E.M.S. resource/reference material; and, Fire Department is requesting classroom expenses and WHEREAS, the City of Delray Beach Fire Department is eligible to receive funds collected by the Emergency Medical Service Surcharge, pursuant to Florida Statutes, Chapter 401.113; and, WHEREAS, these funds are to be used to expand and improve the City's level of emergency medical care to the citizens of De1ray Beach and will enhance the emergency medical service operation; and, WHEREAS, these funds are to be spent on equipment not budgeted through the City of Delray Beach and would be unavailable otherwise, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Florida, necessary Emergency Section 1. That the Mayor of the City of Delray Beach, is hereby authorized to execute all documents which ar~ to complete the request for a Pro-Rata share of the County Medical Service Surcharge Award Program Funds. of PASSED AND ADOPTED in regular session on this the , 1989. day ATTEST: MAY 0 R City Clerk 55" [Iry DF DELAAY HEA[N FIRE DEPARTMENT M E M 0 RAN DUM KERRY 8, KOE\j ,'='re (I, ."', TO: FROM: MALCOLM BIRD, INTERIM CITY MANAGER KERRY B. KOEN, FIRE CHIEF SEPTEMBER 6, 1989 COUNTY EMERGENCY MEDICAL SERVICES _ PRO-RATA GRANT RESOLUTION DATE: SUBJECT: Annually the Fire Department makes application for Pro-Rata funding from Palm Beach County through the E.M.S. Surcharge Award Program. These funds are generated by a surcharge formula based on the number of traffic citations issued within the jurisdiction and must be used to improve local pre-hospital emergency medical services. Participation in the program has no cost impact to the City of Delray Beach as the funds are outright grants requiring no matching funds or in-kind services. This year the grant will pay for the rental for the recently delivered Emergency Medical Service Training and Office Trailer which is located on the north side of the site of Central Fire Station, as well as the purchase of miscellaneous E.M.S. reference and resource materials. The trailer contains several "training" simulation stations and offices for E.M.S. Staff. This year's pro-rata share will be $9,626.00. The resolution before the City Commission is required by the County in order to release funds for this purpose. V~~.l~ Kerry B. Koen Fire Chief KBKjew cc: Capt. Trawick l;: ':'~..:, r-<, _ , . ~ -. - ~_ t:-c:-- -~LCFi ::<'. 32-';'-t.1 . 1:_:',- , . ~ RESOLUTION NO. 64-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. PURSUANT TO CHAPTER 290. FLORIDA STATUTES, AND CHAPTER 9B-37, F.A.C., FINDING FOR AND APPROVING ADDITIONS TO THE GEOGRAPHIC BOUNDARY OF THE STATE-DESIGNATED ENTERPRISE ZONE OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING APPLICATION FOR SUCH BOUNDARY CHANGE; REAFFIRMING THE CITY I S COMMITMENT TO THE EXISTING PROGRAM OF LOCAL PARTICIPATION AND FOR OTHER PURPOSES; PROVIDING AN EFFECTIVE DATE. WHEREAS, in August, 1989, the Department of Community affairs officially notified the City of Delray Beach that it will be accepting applications for boundary changes to existing State designated Enterprise Zones; and WHEREAS, the City Commission of the City of Delray Beach has determined that a boundary change is necessary to max~m~ze the tools for community and economic development and to create a more efficient Enterprise Zone. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the area described in Attachment "A" and illustrated on a map attached to this resolution, exhibits the characteristics of an enterprise zone. Section 2. That the specific Changes to the existing boundary of the City's Enterprise Zone are as follows: (A) The addition of the area bounded on the North by Lake Ida Road; on the South by the North boundary line of Jefferson Manor 'Subdivision as recorded in Plat Book 24, Page 150, Palm Beach County records; on the West by 1-95 and on the East by Roosevelt Avenue; (approximately 9.75 acres) (B) The addition of that tract of land known as The Atrium at Centre Delray, as recorded in Plat Book 42, Page 133, Palm Beach County records; Lakeside at Centre Delray as recorded in Plat Book 50, Page 195; The Terraces at Centre Delray as recorded in Plat Book 45, Page 49; The Arbors at Centre Delray as recorded in Plat Book 43, Page 166; and the Gardens at Centre Delray as recorded in Plat Book 43, Page 49 (approximately 45.8 acres). Section 3. That the local participation items listed in Attachment "E" of this resolution represent the same items as previously approved by the Department of Community Affairs with no reduction in the level of local participation. sto Section 4. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the day of , 1989. MAYOR ATTEST: CITY CLERK "ATTACHMENT A" ENTERPRISE ZONE LEGAL DESCRIPTION FOR PROPOSED BOUNDARY CHANGE Beginning at the intersection of Northwest 2nd Street and Swinton Avenue, thence run Westerly along N.W. 2nd Street to 1-95; thence run North along 1-95 to the Northern boundary of Jefferson Manor Subdivision as recorded in Plat Book 24, Pages 150, Palm Beach County records; thence run easterly to Roosevelt Avenue; thence proceed North along Roosevelt Avenue to Lake Ida Road proceed west to I-95; thence run north along 1-95 to the Easterly projection of the north boundary line of Tract "J" Delray Park of Commerce as recorded in Plat Book 54, Pages 188-190, Palm Beach County records; thence proceed Westerly along said Easterly porjection and the North boundary line of Tract "J" to the East boundary line of Tract "K" Delray Park of Commerce; Thence proceed Northerly along said East boundary line of said Tract "K"; thence run Westerly along said North boundary line to Congress Avenue; thence Southerly along Congress Avenue to the North Boundary line of Congress Park, North boundary line of Congress Park, as recorded in Plat Book 44, Pages 194 and 195, Palm Beach County records; thence run Westerly along said North boundary line of Congress Park South as recorded in Plat Book 47, Pages 98 & 99 to the South boundary line of Congress Park South; thence run Easterly along the South boundary line of Congress Park South to the West boundary line of Block 2 of Golf Park, as recorded in Plat Book 26, Page 141, Palm Beach County records; thence proceed North- erly along said West boundary line to the North boundary line of Block 2 of Golf Park; thence run easterly along said North boundary line to Congress Avenue; thence proceed Southerly along Congress Avenue to S. W. 10th Street(Lowson Boulevard); thence run Easterly along S.W. 10th Street to I- 95; proceed Southerly along 1-95 to Linton Boulevard; thence run Westerly along Linton Boulevard to Congress Avenue; proceed South on Congress Avenue to Germantown Road; thence run Southwesterly along Germantown Road to the Westerly Boundary of Lakeside at Centre Delray in Plat Book 50, page 195, Palm Beach County records; proceed South along the Westerly Boundary of Lakeside at Centre Delray to the Southerly Boundary of said Lakeside at Centre Delray; proceed Northeast along the Southerly Boundary along the Souther- ly of said Lakeside at Centre Delray and the Southerly Boundary of the Terraces at Centre Delray as recorded in Plat Book 45, Page 49, Palm Beach County records, to Congress Avenue Avenue; thence run North on Congress Avenue to the Southern Boundary of the Garden of Centre Delray as recorded in Plat Book 43, Page 49, Palm Beach County records; thence run Easterly along the Southern Boundary of said Gardens of Centre Delray to 1-95; proceed North along 1-95 to Linton Boulevard; thence run Easterly along Linton Boulevard to S. W. 8th Avenue; thence proceed Northerly along S.W. 8th Avenue to S.W. 4th Street; thence run Westerly along S.W. 4th Street to S.W.12th Avenue; thence proceed Northerly along S.W.12th Avenue to S.W. 3rd Street; thence run Westerly along S.W.3rd Street to S.W.14th Avenue; thence proceed Southerly along S.W 14th Avenue to S.W. 6th Street; thence proceed Westerly along S.W.6th Street to S.W. 15th Terrace; thence run Northerly along S.W. 15th Terrace to S.W.3rd Court; thence proceed Easterly along S.W. 3rd Court to S.W.15th Avenue; thence run Northerly along S.W.15th Avenue to S.W.2nd Street; thence proceed Easterly along S.W.2nd Street to Swinton Avenue; thence run Northerly along Swinton Avenue to the point of beginning. , ~. ". '."'. ...... ,.... ..,. - -.... .... ... -- - - -- .' .~. - .:.: . ",;;1 ...'....... " " .-...::=:.-:- "ATTACHMENT E" Local Participation Items Through Section 3 of Resolution No. 40-86, the City Commis- sion of the City of Delray Beach committed to the fOllowing level of local participation: 1. The City of Delray Beach, Florida, has implemented prOvisions of the oCcupational license fee abatement program adopted pursuant to Section 205.054, Florida Statutes, in accordance with Ordinance No. 50-86. 2. The City of Delray Beach, Florida, has implemented provisions of the utility tax exemption program adopted pursuant to Section 166.231 CB), Florida Statutes, in accordance with Ordinance No. 49-86. 3. The City of Delray Beach, Florida, shall expend a portion of its annual allotment of funds awarded under the Community Development Block Grant within the boundaries of the locally deSignated enterprise zone in at least the same proportion as the land area of the deSignated enterprise zone .is to the entire Community Development Block Grant target area. 4. The City of Delray Beach, Florida, may authorize the issuance of Industrial Revenue Bonds to finance the undertaking of community redevelopment activities within the locally deSignated enterprise zone pursuant to the authority granted under Section 163.385, Florida Statutes and in accordance with Federal tax laws. 5. The City of Oelray Beach, Florida, will target locally generated funds for capital improvement projects to the locally designated enterprise zone speCifically for street resurfacing, drainage improvements and parking lot construction, in accordance with budget approvals in proportion ,to City-wide needs. ~ ~........ , ".- '. "'-.-. .----"...-- '- - . -- -.,... I I I II I , ~ 6. The City of Delray Beach, Florida, will provide the fOllowinq additional services to the desiqnated enterprises zone; (1) twice a year special trash pick up services, (2) additional POlice services throuqh a speCially formed Tactical Unit which will concentrate on druq related crime, and (J) increased cod.e enforcement activities to include inspections and education. 7. The City of Delray Beach, Florida, will endeavor to reduce the impact of specific local government regulations within the deSignated enterprise zone. These include the reduction of commercial development parking requirements, reduced landscape buffers, reduced height/intensity requirements and zoninq Changes (specifically the implementation of a ReSiden- tial Office zone in a portion of the area). r C .. . , '-~, t.__ .~ ~~.._. --...- .- I.. . r I ~ ~ ~ . ". MEMORANDUM TO: MALCOLM BIRD, INTERIM CITY MANAGER " FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENTj~ SUBJECT: PROPOSED ENTERPRISE ZONE BOUNDARY CHANGE DATE: SEPTEMBER 1, 1989 ----------------------------------------------------------------- We received correspondence from the Department of Community Affairs providing the City with another opportunity to change the boundary of our existing zone. The change may be an addition, deletion or both. The City Commission may apply by adopting a resolution and completing the required application. Staff has considered this opportunity and is recommending two specific areas be added to the boundary. The first area,' cons ide red is the IBM complex. As you know, IBM has announced, its intent to consolidate its operation to its main site in Boca Raton. They will be vacating current leased facilities over the next two years. The complex is composed of 45.8 acres of commercial (SAD) property. Since we will be expecting to attract businesses to fill the vacant space, the incentives offered under the enterprise program may prove to be an asset. The second area to be added is the vacant land south of Lake Ida Road, between Roosevelt Avenue and 1-95, it is approximately 9.75 acres of residentially zoned property. The effect would be an increase of commercial percentage to 56% and a decrease of residential to 43%. The criteria for the Enterprise Zone requires that the area be at least 40% residential and at least 40% commercial/industrial, according to zoning clasSification. Staff is working with the Enterprise Zone incentives. effort is attached for your Chamber of Commerce to promote the A copy of our brochure used in this reference. Recommendation Staff is recommending that the City Commission direct staff to expand the Enterprise Zone boundary to include the parcels as identified and make a formal application to the Department of Community Affairs by the September 15, 1989, deadline. LB:kwg Disk:Lula Butler B:EZONE Cf l ~ . .., I C. ,. " I [-I ,- ...... .' ~: .~~"!'":. [Iry DF DELAAY BEA[N 'OO'\JW ;,~AVENUE OELRAY BEACH, FLORIDA 33444 407/243.7000 M E M 0 RAN DUM TO: Malcolm T. Bird, Interim City Manager THROUGH: John W. Elliot, Jr., Assistant City Manag~~_ _ Management Services Gr' ~ Director ~ ~ FROM: Ted Glas, Purchasing DATE: August 25, 1989 SUBJECT: DOCUMENTATION -CITY COMMISSION MEETING SEPTEMBER 12, 1989 - BID AWARD - BID #89-85 REHABILITATION OF STORM DRAINS ITEMS BEFORE CITY COMMISSION: The City Commission is requested to award contract for rehabilitation of storm drains to low bidder, Southern Line Cleaning, Inc. at a cost of $16,650. Per the Budget Office, funding for this work is from account #001-2911-519-60.63 (Engineering - Capital - Streets & Sidewalks). Background: Scope of work _ The work consists of insertion of a pOlyethylene liner of a smaller diameter referred to as Sliplining approximately 400 lineal feet at three locations. locations are at Brooks Lane, Spanish Trail and Drive. pipe for These Banyan Bids for this project were received on August 23, 1989 from five (5) area contractors all in accordance with City purchasing procedures. (Bid #89-85. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. Engineering's estimate for this work is $19,450. The low bid is 14% under Engineering's estimate. Recommendation: Staff recommends awards to low bidder, Southern Line Cleaning, Inc. at a cost of $16,650, per the unit prices and estimated quantities. Funding from account as stated above. 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"" ... ... "" .... ... = ... .. . .. ... '" = ... . .... = . . .... . .... . -<J go . .. . 8 8 8 . .. 8 . "" 8 8 OJ '" 8 8 8 8 :::: = . -<J g, "" . . . = . 8 ." 8 . ." = ." 8 ." . 8 ." ~ ." 8 " . " " t"' ~ 8 It It ... 8 ... ... ... ... ... ~i t ... ... ... ... . ... . . . . '" . .... .... .... . " .... . .... . . . " . . ~ - -l D al C r D -f H o Z o .." al H o (f) ! ENGINEERING DEPARTMENT MEMORANDUM TO: TED GLAS PURCHASING THRU: IJ 0.... ,'j GATES D. CASTLE, P.E. CITY ENr,INEER FROM: ,. A . (.'''. CHARLES AXELROD CIVIL ENGINEER DATE: AUGUST 24, 1989 SUBJECT: REHABILITATION OF STORM DRAIN FOR YEAR 1989 BID NO. 89-85 Engineering has reviewed the bids received for the subject project. Based upon this review, it is recommended that the contract be a- warded to Southern Line Cleaninq, Inc. based on their low bid of $ 16,650.00. The Engineer's estimate for this project is $ 19,450.00. SCOPE OF WORK The work consists of insertion of a pOlyethylene liner pipe of a smaller diameter referred to as Sliplining for annroximately 400 lineal feet at three locations. These locationR are at Brooks Lane, Spanish Trail and Banyan Drive. MONEY AVAILABLE I) Account No. 001-2911-519-60.63 has $ 20,000.00. CA:kt . ':',l~ [Iry DF DELAAY BEA[H "j 100 N W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 M E M 0 RAN DUM TO: Malcolm T. Bird, Interim City Manager THROUGH: John W. Elllott, Jr., Assistant City Managettfov Management Services Ted Glas, Purchasing Director ~ ~ FROM: DATE: September 1, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ SEPTEMBER l2, 1989 - BID AWARD - BID #89-89 1989 STREET RESURFACING PROJECT Item Before City Commission The City Commission bidder, Hardrives of Per the Budget #334-3l62-541-60.53 is requested to award contract to low Delray, Inc., at a cost of $l97,085. Office, funding is from account (General Construction Fund-Resurfacing) Background: Scope of work: Asphalt resurfacing streets list; also approximately bikepath on Atlantic Avenue Trail. and 2300 from intersections per attached lineal feet of asphalt Barwick Road to Military Bids on this project were received on August 3l, 1989 from three (3) contractors, all in accordance with city purchasing procedures. (Bid #89-89. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The low bid submitted by Hardrives of Delray, Inc. is for $217,785. The City Engineer is recommending that item #6 of the bid (sidewalk construction) be deleted from the contract and performed by City forces at a more economical cost. Recommendation: Staff recommends award to the Delray, Inc. (Less item #6), $l97,085. per the unit prlces Funding as outlined above. low for and bidder, Hardrives of the total amount of estimated quantities. TG/tpc Attachments: Tabulation of Bids City Engineer's Recommendation List of Streets to be Resurfaced pc Frank Spence Yvonne Kincaide Gates Castle S1~ T'''i' E~cDP,T ALWAYS MATTERS ",' = I '" = ... s = llll = ...t U co .... '" :l co : ... III III '" ... CI:l '" = '" ... .. ... . U '" E ~ . '" = '" ... ~ . . . . . '" 0 0 0 0 0 0 '" 0 :.J 0 0 0 0 '" '" r-- N 0 '" '" r-- r-- oo 0 - - - - - ~ '" ..,. ri 0 ri ~ 0 ri ~ N - <n- <n- <n- <" <n- <n- <n- x - '- '- '- '- '- '- '- 0 C 0 0 0 C 0 '" C 0 C 0 0 0 - . . . . . . . " '" 0 C 0 C C '" " M 0 C 0 '" Lr, N - ri '" 0 r-- r-- - - . - ri 0 Z <I)- <n- <n- <n- :;;, 0 'A "', 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 " . . . . . . 0 0 0 0 C '" C C '" 0 0 '" c r-- '" '" " 0\ a: N \0 oo N 0\ '" - - - - ~ 0 M r-- ri '" 'oo ~ ri .. <n- <n- <n- v. <n- <n- <n- ... '- '- '- '- '- '- '- 0 0 0 0 0 0 0 '" 0 0 0 0 0 0 - . . . . . . 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'" .... '" N r-, ..... (/) ~ . . .0: 0 ..... '" N .... ~ Ul .. <I)- <l)- v,. <I)- <I)- <l)- N ~ ... ...... ...... ...... ...... ...... ...... <I)- :> 0 0 '0 0 C- O 0 ... 0 0 0 0 0 0 '" P:: - . . . . . . ., lJ'l lJ'l lJ'l. 0 0 '" Q 0 P:: ;j CO CO .... '" = .0: .... ~ :I: - <I)- Z '^ :> <I)- <I> 0 0 0 0 C- O 0 ~ 0 0 0 0 0 0 0 " . . . . . . . 0 C C lJ'l 0 0 0 0 W 0 0 N '" .... ..... ..... Q. N lJ'l "" .... = "" ... . . . . 0 ~, lJ'l '" Il. z .... .... P:: "', ~ N 0 X <I)- <I)- <I)- <I)- <I)- <I)- <I)- U .. ...... ...... ...... ...... ...... ...... , 0 0 0 0 0 0 C X 0 0 0 0 0 '" '" ~ ~ . . . . . . :> " 0 0 lJ'l 0 0 '" < 0 0 0 '" '" .... w Il. .... "" .... ~ .- - !. <I)- <l)- v,. v,. <I)- <I)- 0>< '" 3 :l: III 0>< CIl 0 0 :E .... '0 0 '" '" III III 0 ~ '" 0 3 > 'M .0: 0 aJ .... .j.J 'M '0 0 III '0 '0 .j.J 'M > CIl tJ III III tJ Ul 0 0>< 0 aJ aJ aJ I H .... ... :I: :I: '" tJ III .... 0 0>< 3 .... .aJ aJ Q 0 '" CIl 0 .... .... U 0 CIl 0 0- ..0 >, . ~ 0 .0 0 '" .... .j.J '" tJ 'M 0 0 'M U Ul Ul Q 0 CQ 'N . lJ'l .lJ'l ..... ..... 0 .. . III III III III III r..o 0 ~ ~ ~ ~ ~ ..."" '" .j.JaJ .... . . r .j.J ,..... N - CJl aJ ~- 0" ,,~ >,.... .. z III 0- CI) 0 ~ OIl ... ~-% 'OS i~. .0: z~... 0 E-< ",a.> .u ~"'- '0 aJ ... tl1 .0 0 <.J... 0 lJ'l lJ'l lJ'l lJ'l lJ'l '" E-< Ox", Z ~wo N N ... o ENGINEERING DEPARTMENT M E M 0 RAN DUM TO: TED GLAS PURCHASING DIRECTOR FROM: knC GATES D. CASTLE, P.E. ~ CITY E~GINEER SUBJECT: 1989 STREET RESURFACING DATE: SEPTEMBER 1, 1989 - - - - - - - - - - - - Engineering has reviewed the project (Bid No. 89-89). A your use. bids received for the subject Bid Tabulation is attached for It is recommended that the contract be awarded to the low bidder, Hardrives of Delray, Inc. in the amount of $197,095.00. This amount reflects the deletion of $20,700 for Item 6 (Bituminous Concrete Sidewalk including Rock Base) from the contract, since the Commission appropriated a maximum of $15,000 for this item. The sidewalk will now be constructed by City Forces. Hardrives has agreed to this deletion and it doesn't effect the outcome of the bid (ie, Hardriveswould still be low bidder if item 6 was del~ted from the other bids). Approximately $230,000 is available in 334-3162-541-60.53 for this project. GDC:slg Account No. LENGTH L.F. 1,200 550 500 500 600 550 l,300 l,9S0 .,200 300 300 350 670 870 450 150 ,300 420 630 710 350 600 900 660 500 660 ..100 630 700 660 350 450 700 520 820 STREET Palm Trail N. E. 5th Ct. Coconut Road Avocado Road Seaspray Ave. LIST OF STREETS RESURFACING 1989 FROM TO N. E. 5th St. to N. E. 8th St. N. E. 2nd Ave. to N. E. 3rd Ave. Seacrest Blvd. to West Seacrest Blvd. to West Andrews St. to West Seacrest Lane Railroad Ave. West Side Jasmine Dr. Spanish Circle Cardinal Drive N. W. 1st St. N. E. 3rd St. S.' E. 7th Ave. N. E. 10th St. N. Iv. 3rd Ave. N. E. 3rd Alley S. W. 1st Ave. Langer Way N. E. 4th Ave. Tropic Blvd. Seagate Drive S. E. 5th St. , Kingbird Circle S. Iv. 7th A.ve. Bluejay Road Heron Dr. Southr1dge Road N. w. 13th Ave. Cypress Dr. Mallard Dr. Seagate Dr. ,Jasmine Ter. Curlew Rd. N. E. 2nd Ave. Lewis Cove Seacrest Blvd. to East Atlantic Ave. to N. E. 2nd St. Spanish Trail to End Tropic Isle Dr. to East Blue Jay Rd. to 3~0' South N. W. 3rd Ave. t& N. W. 4th Ave. N. E. 5th Ave. to West S. E. 2nd St. to S. E. 3rd St. N. E. 2nd Ave. to N. E. 3rd Ave. N. W. 7th St. to N. W. 9th St. N. E. 4th St. to South End S. W. 2nd to S. W. 4th Sts. Gleason St. to Venetian Dr. N. E. 2nd St. to N. E. 3rd St. 660' East of Spanish Trail to East End Casuarina Dr. to Bucida Rd S. E. 3rd AVe. to S. E. 5th Ave. Albatross Rd to Curlew Rd. S. W. 10th St. to South 660'or End Brant Dr. to Cardinal Dr. Jaeger Dr. to 660' West Swinton Ave. to S. W. 4th Ave. N. W. 1st St. to N. W. 2nd St. 660' East of Spanish Tr. to End Jaeger Dr. to 660' West Tamarind Dr. to Bauhinia Rd. Jasnine Dr. to So. End Linnet Circle to Ibis Dr. N. E. 6 th St. to N. E. 8 th S t. A-I-A to West End [ITV OF DELAAY BEA[H ~GO \J W ~i, AVENUE OELRA'i BEACH, FLORIDA 33444 407'24J.7000 M E M 0 RAN DUM TO: Malcolm T. Bird, Interim city Manager THROUGH: John W. Elliott, Jr., Assistant City Manage~~ ff 4" 7J FROM: Ted Glas, Purchasing Director DATE: August l7, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER l2, 1989 - BID AWARD - BID #89-64 LANDSCAPE MAINTENANCE SERVICE CONTRACT Item Before City Commission: The City Commission is requested to award annual contract for landscape maintenance service to Low bidder, Axiom Commercial Cutters, at a cost of $22,565. Per the Budget Office, funding for this service is from account #lI9-4lSl-572-33.39 (Beautification Trust Fund - Repair & Upkeep - Other). Background: This is the second maintenance beautification efforts. This work which is considered more efficient work force. contract of the street is being contracted out, than increasing the City Locations for Area #1 Area #2 Area #3 this service are, as follows: I-95 Interchange, W. Atlantic Ave. I-9S Interchange, Linton Blvd. Linton Blvd., (I-9S To A-I-A) Service work consists of mowing, trimming, weed control, pruning, litter control and chemical application. Bids for this contract were received on July 12, 1989 from two (2) area mowing contractors all in accordance with City purchasing procedures. (Bid #89-64. Documentation on file in the Purchasing Office). A tabulation of Bids is attached for your review. Recommendation: Staff recommends award to Low bidder, Axiom Commercial Cutters, at an annual cost of $22,565. Funding from account as stated above. Attachments: Tabulation of Bids Memorandum from Parks & Recreation pc Yvonne Kincaide Joe Weldon S'l c.... T. E AL_:,.''':'l~ M;"T7tRS I i -.J '" V' .. '" N ~! ~ , " -< 0 0 0 0 0 0 0'" ..", D " ! .. m Q n r:r ~ n -< r n r:r ~ " :E .. '" " ~ " ", r:r ~ -< :I " ", " -< C ", " 0 ", " -< -< Z " -< :E Ul ~ ~ ~ -< " ", -< " -< n -< - 1>01>"'1>0 -<n D " D -< UlZ n ", r" Z " C C (fJ I-l (/)!-tV,):r CD -< n " "'" 0 " -<-< " -< " ~ (IJ " ;0 "r -< n n ", " Z " ZZ " .., %lTlZITlZC " 0 0 ", ", C -< -< ",,, -< ~ 1TlJ)1TI rr1lD D Z Z Z Ul CO " Z -< " l'TI(/)m1>1'TI -<" -< -< Ul 0 " -<.. 0 ", Of"l'lOZOM Z" ~ " .. r " Z " I'Tl ""~I'T'IZ Ulr -< 0 -< -<", -< - "n" OUl ",-< Z r " " ~ "" . o. n. ", nn Ul ", D Ul "" Z 0 n -<D " ", r '" H-< , I (/)-i(/)ZC/J-I -<-< ", Ul " " ZZ ~ m::Ol""'l-lfT11-4 n-< n Ul C "" Ul 1TI01Tl::tlfTl(") -<0 -< CO -< r 0 -< OZ -< " ;or-:;oO ",Ul 0 CO D D D'" Z ", D " -< -< -< " C, " C ", ", ",." " Ul " Ul Ul Ul" 0 :E - C 0 " --... 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[ITY DF DELRAY BEA[H 100 N.W 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000 M E M 0 RAN DUM TO: Malcolm T. Bird, Interim City Manager THROUGH: John W. Elliott, Jr., Assistant City Manager/ Management Services ~ .ff~ FROM: Ted Glas, Purchasing Director DATE: August 17,1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 12, 1989 - BID AWARD - BID # 89-72 ANNUAL CONTRACT FOR MICROFILMING SERVICE Item Before City Commission: The City Commission is requested to award annual contract for microfilming service to low bidder, Leahy Business Archives, Inc., at an estimated annual cost of $12,580. Per the Budget Office, funding for this service is from account #001-2721-524-33.45 (Community Improvement Building Inspection Microfilm Expense), and account #00l-2741-S24-33.4S (Community Improvement - Code Compliance - Microfilm Expense). BaCkground: The community Improvement Department has need for an annual contract for microfilming services for their building plans, site plans, permits, receipts and code enforcement files. Bids for this service were received on August 9, 1989 from two (2) area vendors all in accordance with City purchasing procedures. (Bid #89-72. Documentation on file in the Purchasing Office). A tabulation of bids is attached for your review. Per the Community Improvement Department, their large and small size documents are frequently together in a package, and it would therefore be difficult and cumbersome to deal with more than one microfilming firm. Recommendation: Staff recommends award to low Archives, Inc., at an estimated based on estimated quantities. stated above. bidder, Leahy Business annual cost of $12,580. Funding from accounts as Attachments: Tabulation of Bids Memorandum from Community Improvement pc Frank Spence Yvonne Kincaide Lula Butler <5"1 D TYE EcFC'RT AL'N::'Y" M::'TTERS j '" % ... II> '" '" " n '" " ~ ... \? '" ~ ~ ""... ... " "." "... C n a ,.. C ...." Cl -~ 0" ",,;r II Cl .... II "" . ... o .... ... 0 . o 0 ... 0 '" ,. ... .g.~~.1I C ... "CI t:S... ...n,.>""... CSttQ.b" ..... 00 0 ... rtoctl't"l:l "C"'Cll't".. ~:;~~2a~ II "'l ... " ~ C t'to.... ..~ n~L..... CI~ o ... " l't 11 CS. no...., II "~C " ~ 0 Cl "" g ~c.. c..t: " ... II C .... Cl ... . ,., CD II " "" ... t:" v ,; Ca g ... /; !' ..... l't 0 II ,",0 .... ;-aliu.... II II C ".... 51 ". CS .. ,., l'tCr.CSOQ. ... n...... 0 ........ .... :1 o l't w. ~ ... . III " It. ~ " Cl 0 ~ g.-a o '" ,. .. < '" '" '" ... - z '" ...... ....~ >ojn ... ,.. ~C .., 'l>. II "'l II ~ ~5 ... .... .. ,,:0 o " z _0 " ..", r n .0 n ao z _n " .c '" ~:r " '" '" % '" ~ .. .. ~ "" "" " ... ... ... 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", n a'" % -" " . z " - '" " .. '" .. .. O. "'C: i"''' ...... b O"'NH ... ..z ::.n. a "00 ..0 " n...o'- o " .." % ~'" .. '" .. " .. " ... :r ... '" '" .... " ,. " % '" . z .... > -. .N~ . '" N .." o " o o - . Z -~ .... . "" > N .." o . o o < '" z o o '" .. c ~ ~ I'" ~ I'" ,. II cr ... '" C II ... Cl " II II ~ " cr ... ... " II . ... tl " . ... e t'l ~ .. ~ ~ '<l ... !i H 1!l '" ~ ... n t'l c ~ t'l ~ '" >oj '" . - '" co '" '" ,... o ~ .... co '" I .... .... >oj > '" c= I'" > >-l H o z o '<l '" ,... = '" [ITY DF DELAAY BEA[H 100 NW, 1st AVENUE DElRAY BEACH, FLORIDA 33444 407/243-7000 M E M 0 R A DUM TO: Malcolm T. Bird, Interim city Manager FROM: John W. Elliott, Jr., Assistant city Manag~ Management Services Ted Glas, Purchasing Director ~~ THROUGH: DATE: August 18, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 12, 1989 - BID AWARD - BID #89-79 ROOF REPAIRS - RECREATION CENTER - POMPEY PARK Item Before City Commission: The City Commission is repairs at Pompey Park Inc., at a total cost funding for this work (General Construction Repairs) requested to award contract for roof recreation center to Me Nab Roofing, of $18,400. Per the Budget Office, is from account #334-4l72-S72-62.03 Fund Park & Recreation Roof Background: The roof on the recreation center at Pompey Park is now ten (10) years old and in need of repairs. Water has been leaking into the gym and game room. The Engineering Department prepared plans and specifications for needed repairs which they estimated would cost $15,000. The work is to be done so as to not disrupt the daily functional use of this building. Bids for this work were received on August lO, 1989, from only one (1) Local vendor. (Invitations to bid were mailed to twenty-five (25) roofing contractors, and the bid was advertised). The bid was received in accordance with City purchasing procedures. (Bid #89-79. Documentation on file in the Purchasing Office). A tabulation of bids is attached for your review. Recommendation: Staff recommends cost of $18,400. award to Me Nab Roofing, Inc. at a total Funding from account as stated above. Attachments: Tabulation of Bids Memorandum from Parks & Recreation Memorandum from Engineering pc Joe Weldon Yvonne Kincaide Gates Castle 5~E THE EcF::JRT ALWAYS MATTERS f . ;P"'~:!=' 1l-5':;l...i ~ol.,,~~: "1I0~.. " A.....n.".. "'.....l';'lo" .... "" .... 0 n'-' .... ,.. I: = . '" .".". l:' ~ ",1::';- "'ls. .. .. 0 ~ n " I: ....11 . n '" .. ~/!.~;'/r """"NtDtD ""0 ... ';4 ~ is 1"- ~ ",&l ... "" n ,.. . . (') o i '" Z ... en "- '" X (') '" " ... M o Z en .... = g " ~ ... ! .. (') i 'll r- '" ... M o Z ... M :J '" .. ... CO . .. 8 . 8 ... o -l :r> r- r- j " en C :J < '" Z o o '" " '" 0 " j '" (') ... .. "'" MO <0 M'Ol (') '" (')'" "''ll Z:r> -lM "'''' '" .. '" C:J MO r-O OM M'Ol ZM <'>(') " "... "'M 0 'llZ Oen :J " '" -< " " '" '" " '" C C- " '" ~ M 0 M Z 0 0 Z .. '" 0 '" , ." " '" '" 0 (/I ....if ~f .", g- O .... ~ ~ . 0 " ... '" .. I> ~ C '" C (/I ~ - 0 - '" CO '" .~ ,v MEMORANDUM TO: Ted Glas Director of Purchasing FROM: Joe Weldon Director of Parks & Recreation SUBJECT: Roof Repair - Bid 89-79 DATE: August IS, 1989 Attached please find a spreadsheet for roof repair and modification at Pompey Park. Only one bid was received from McNab Roofing in the amount of $18,400.00. I recommend awarding the bid to MCNab Roofing in the amount of $18,400.00 and charged to account # 334-4172-572-62.03. u~ Weldon ector of Parks & Recreation JW: jmh REF:JW247 \ HBMORANDUH FROM: Malcolm T. Bird, Interim city Manager John W. Elliott, Asst., city Manager/ ~~ Management Services Group '-1:7v ~~ Richard Zuccaro, Director of Data proCeSSing~ September 5th, 1989 TO: THRU: DATE: SUBJE:CT: Documentation- City Commission Meeting - September 12th, 1989 - Bid Award - Bid # 89-86 Replace (UNISYS) Police Computer Item Before City Commission: The City Commission is requested to award the contract for the Law Enforcement Application Software to A.L. Roark Corp. in the amount of $ 145,640 and award the contract for computer hardware/software and building modifications/equipment to I.B.M. Corp. in the amount of $530,738. Funding is from the Law Enforcement Trust Fund. Backqround: After many attempts to salvage the Police System (UNISYS) failed, it was determined that the current system could not meet the needs of the City of Delray Beach Police Department. Therefore, the City Attorney, with Commission approval, negotiated a settlement agreement with the UNISYS corporation to return all UNISYS equipment and upon receipt of that equipment UNISYS will pay the City of Delray Beach the amount of $202,500.00. In an effort to locate a total solution (hardware/software to replace the UNISYS system a formal RFP for a Public Safety System, developed by the Public Safety Selection Committee was mailed to vendors on April 28, 1989. Each member of the selection committee reviewed and ranked each proposal received. The results clearly indicated that A.L. Roark and Chiefs were consistently rated higher, by each member of the committee. The final evaluation demonstrations and site A.L. Roark System. by each committee member, based on the visits clearly indicated a preference of the RecOllllllendation: Based on the evaluation of all of the proposals received, demonstrations and site visits, the Public Safety Selection Committee unanimously recommends that the Law Enforcement Software be awarded to the A.L. Roark Corporation and the computer hardware/software and building modifications/equipment be awarded to the I.B.M. corporation. Attachments Cost Summary Recommended Financing Additional Background Recap of Bids Detail Recommendation Summary Evaluation/Ranking Forms Individual COmmittee Recommendation Proposed Police System Chart cc: Chief Kilgore Yvonne Kincaide SrJ F PublJ.c ~8l:y SYK_ llardvuw/Softwue C08t S~ Public Safety Application Software $ 145,640 $ 262,343 $ 44,207 $ 2,553 $ 50,613 $ 11,066 $ 7,000 $ 77,956 $ 75,000 ------------- $676,378 (202,500) AS/400 Hardware AS/400 Software AS/400 ON-Line Education Serie. 1 Hardware Serie. 1 Software Sy./38 to AS/400 Peer to Peer Communication. Token Ring Office Network Additional Equipment/Expenditure. Total Public Safety Sy.tem - Hardware, Sy.tam Software and Additional Equipment Refund from UNISYS Total Amount to be Funded f~ the Law Enfor~t TruK I'uDd $ 473,878 t ~ ~ Police System Financing September 5th, 1989 The leasing information (IPA monthly payments) provided by IBM are: IBM Hardware 7.61\ APR, 60 Month Installment Payment IBM Software 7.51\ APR, 60 Month Term Lease A.L. Roark Law Enforcement Application Software 11.00\ APR 60 month Term Lease Rec.......nded Pinancing The A.L. Roark law Enforcement Application Software to be paid separately, in installments based on completion of specified tasks as per the payment scheduled described in the RFP. $ 145,640 IBM Software/Hardware and Building Modifications/Equipment $530,738 to be leased through IBM's 60 Month Lease Agreement @ $ 10,852.81 per month or $ 130,234 a year for five years. The ONISYS refund of $ 202,500 can be used to offset the A.L. Roark Application Software cost of $ 145,640 and the remaining $ 530,738 would be financed through IBM as described above, funded from the Law Enforcement Trust Fund. IBM has announced an AS/400 Model 45 which they will provide to the City of Delray Beach at no additional cost, upon availability. I ~ , " MEMORANDUM TO: Robert A. Barcniski Asst. City Manager/CS I~J~ William H. GreenWOOd'0~ ~ Director of Public Utilities FROM: SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER ll, 1989 - BID NO. 89-83 LANDSCAPING OF NORTH WATER PLANT DATE: August 3l, 1989 Item Before Citv Commission Request City Commission to award a bid to Lush Landscaping & Design, Inc. in the amount of $lO,948.00. Funding source will be from #441-S123-S36-33.31 (Repair and Upkeep Bldgs). Backaround Public Utilities Department's North Water Treatment Plant landscaping does not conform to required City standards. City Manager has requested that the site be landscaped in accordance with city requirements. Ms. Nancy Davila, Horticulturist/Special Projects Coordinator, prepared the necessary plans and specifications for bid. Once the bid is awarded and the contract completed, the Water Treatment Plant will be landscaped in accordance with requirements. North city Public Utilities Department has installed an irrigation system for the entire site with inhouse work forces. Irrigation system is completely operational and will be adequate to maintain the required landscaping. Recommendation Staff recommends City Commission award the bid to Landscaping & Design, Inc. in the amount of $10,948.00. Lush . . , st'J& . MEMORANDUM TO: Robert A. Barcinski Asst. City Manager . ~ William H. Greenwood ~ qJII~ Director of Public Utilities FROM: SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ SEPTEMBER ll, 1989 - PROPOSED AGREEMENT BETWEEN OLSAK & ASSOCIATES CONSULTING ENGINEERS AND PLANNERS AND THE CITY OF DEL RAY BEACH - EMERGENCY INTERCONNECT BETWEEN BOCA RATON AND THE CITY OF DELRAY BEACH DATE: August 31, 1989 Item Before Citv Commission Request City Commission to approve an engineering agreement between City and Olsak & Associates for professional engineering services associated with the Emergency Interconnect between Boca Raton and the City of Delray Beach. Funding source will be account #44l-S161-S36-64.0l in the amount of $4990.00. Backaround Public Utilities Department's budget includes necessary funding to design and construct the emergency interconnect for potable water between the cities of Boca Raton and Delray Beach. This interconnection between the two cities potable water supply system would assure both municipalities a drinking water supply in the event an emergency would exist in either city. City of Delray Beach existing water treatment plant clarifiers are presently working near full capacity and we are unable to rebuild existing clarifier equipment. In the event one of these mechanisms would fail the city would have to either curtail . '. ~ , ~:r7 1-+ ~ water consumption or have an interconnection with the City of Boca Raton. In addition the raw water supply is conveyed from the Golf Course Wellfield in one pipeline and also from the 20 series wellfield in one pipeline. In the event either of these pipelines would be damaged would require curtailment of water usage during the repairs or implementing an interconnect with the City of Boca Raton. Recommendation Staff recommends City Commission approve the proposed agreement with Olsak & Associates in the amount of $4,990.00 . ~ , , MEMORANDUM TO: Robert A. Barcinski Asst. City Manager/Community Services william H. Greenwood W!JQ, ql'J?i€~ Director of Public Utilities ~ FROM: SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ SEPTEMBER ll, 1989 - AGREEMENT WITH DIGBY BRIDGES, MARSH & ASSOCIATES FOR THE RENOVATION TO EXISTING UTILITY DEPARTMENT BUILDING LOCATED AT 200 N.W. lST AVENUE DATE: August 31, 1989 Item Before City Commission Request City Commission to approve an Architectural agreement between city and Digby Bridges, Marsh & Associates for profes- sional services on the renovation to existing utility department building located at 200 N.W. lst Avenue. Funding source will be from account #44l-Slll-S36-33.11 in the amount not to exceed $4,000.00 Backaround Management study performed by PBS&J consulting engineers recom- mended that the Wastewater Collection Division and the Water Distribution Division be consolidated to one centralized location at 200 N.W. lst Avenue. The divisions have been geographically separated for years which has created problems such as no interfacing or cross-training of personnel. Existing condition also prevents the constant moni- toring of both divisions by the Administrative Division. PBS&J report also recommended implementation of a central ware- house and inventory control system which is vital to the proper fiscal management of City materials. Public Utilities Department has constructed a centralized inventory control room and present- ly has all of the Water Distribution Division's inventory on a personal computer system. / . ~ 5'1,L . Public Utilities Department has which utilizes all the existing tional offices. developed a proposed floor offices and provides for plan addi- Services of a registered professional architect are required to sign and seal the proposed floor plans developed by Public Utilities Department plus develop additional details to implement the construction. In addition, City requires the development of a new site plan for the entire site. Survey has been performed and will be available to Digby Bridges, Marsh and Associates to develop the necessary screening, parking areas, drainage and other architectural improvements to the facility to comply with city requirements. This project is considered by the Public Utilities Department as an absolute necessity for the orderly administration of the department; Wastewater Collection, Water Distribution and Administration Divisions. Recommendation Staff recommends award of the Architectural agreement to Digby Bridges, Marsh and Associates for the renovation to the existing Public Utilities Department site and building located at 200 N.W. lst Avenue to comply with city administration's desires and also to implement the recommendation presented by PBS&J consulting engineers. . ~ r , r . T H B AM E I I CAN INSTITUTE OF. A I CHI TIC T S . AlA .Dc1cI4ment BI 5 I Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAl. CONSEQUENCES; CONSULTATION WITH AN ArrORNEY IS ENCOURAGED WITH RESPECJ' TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the 28th day of August Nineteen Hundred and Eighty Nine. BETWEEN the Owner: City of Delray Beach (Namundtlddrc) Utility Department in the year of and the Architect: (N___J Digby Bridges, Marsh, & Associates 124 N. E. 5th Avenue Delray Beach, Fl 33444 For the following Project: Renovation to existing Utility Department Building (1--~ofhoJ<<t.1oaMIoto, --_.J The Owner and Architect agree as set forth below. . \ \ ---. Copyrf8ht 197". 1978, CI987 by The American InsUluteof Architects. 17'5 New Yortc Avenue. N.W" WuhlnSlon, D.C. 20006. Rqnoducdon 0( the macerbl herein or aubstantlal quoUlUon or III proYlskJns withow written permiuk)n or the AlA vlolala lbe copyriah. ..... of !he United 5..... and .,UJ be SUbJ<ClIO IepI pnRalIlon. AlA DOCUMENT '1St . UIllIVlAnO OWN.U.,4,RCHrTI!CT AGREEMENT .11i11tD EDITION . AlA. . 01917 THI AMEllCAH fNSTrTU'I'a or AaCHITICTS. 17" NIW you. AVENUe. N...... WASHIHGTON, D.C. 20006 8151.1887 1 . i , . ( \ '- 10.3 PAYMENTS ON ACCOUNT. OF BASIC SERVICES 10.3.1 An initial paymcnl2Ssct forth in Pat2gr:1pll mlnlmum payment under lhl5 Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where opplic:lble, shall be in proportion to scc, vices performed within each phase of service. 10.3.3 If and to the extent that the time initially cstablished in Subpar2graph 11.5.1 of this Agreement is exceeded or ex. tended through no bull of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subp:uagraph 11,3.2. 10.3.4 When compensation Is based on a percent:lge of Con- struction Cost and any poRions of the Project arc deleted or otherwise not constructed, compensation for those poRions of the Project shall be payable to the extent services are per- (armed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or ncsotlated propmal, or (2) If no such bid or proposal Is received. the most recent preliminary estimate of CoostructJon Cost or delaiIed e.sl.im2tc of ConstruCtion Cost for such por- tlons of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 10.4.1 Payments on account of the Architect's AddltlolUl Ser. vices and ror Reimbursable Expenses shall be made monthly upon presentation or the Architect's statement of servto:s rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made rrom the Architect's com. pcn5.2tton on account or sums withheld rrom payments to contractors. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as rouows: 11.1 AN INITIAL PAYMENT OF DoUan(' shall be made upon execution or this Agreement and credited to the Owner's account at fmal payment. 11.2 BASIC COMPENSATION Four Thousand Dollars .~, 11.2.1 FOR BASIC SERVICES, as dc:scribed in Article 2, and any other servicc5 included in Article 12 as part or Basic Services, Basic Compensation shall be computed as rouows: (Irum bcuiJ of ct)mJWrUdllon, lndlMU", ulpcdated sums, muJUpIn or /N"CI'1IDps. _Ill IMPllify pbIuta lO,.tbkb pd"<<;WIT m<<bodJ of comprnMIIlOtI apply, "lWf:MMry.) The above will be billed at an hourly rate i.e.: Architects Designers Draftsmen Clerical Structural Engineer Ci vil Engineer Up to a maximum of $4,000.00. $90.00/hr $SO.OO/hr $40.00/hr $30.00/hr $7S.00/hr $8S.00/hr 11.2.2 Where compensation 15 based on a stipulated sum or percentage or Construclion Cost. progress payments ror B2sic Services in each phase shall total the foUowing percentagC5 of the total Basic Compensation payable, (lIum addlliOlaal pbtua CIS IIpprvp"",..) Design Phase, Construction Documents Phase: Construction Phase: '-- Tolal Basic Compensation: percent ( %) percent ( %) percent ( %) one hundred percent (100%) . B151.1987 6 All. DOCUMENT 8151 . ABBREVIATED OWNER.ARCHITECT AGREEMENT. THIRD EDITION. ALA- . C) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 113' NEW YORK AVENUE, N."'.. WASHINGTON, D.C. 20006 . " ~ ~ -- I ' ',-" ARTICLE 12 OTHER CONDITIONS OR SERVICES (I""" dftc'rlpllOla of Of_........ ....., AMJtk1ftiM SnWca iNduMd MIbI,. a.w: Compm$tIl_lIItII t'IfOfIIjigMiofu '0 1M""""", IfM ~_ Nr'WU I~ III IbU ..,...,.,.) Architect to provide following services: 1. Site plan approval 2. C.A.B. approval 3. Construction documents including mechanical and electrical engineering 1b1s Agreement enletcd Ineo :IS of the day and year fiIst written above. ~ OWNER ($'-",,") p (Pr/_ __'1*) AlADOCUMaHT.1.1. AlIIlIVIATIDOWNU,.ARCHITECTAGUPtIEHT. IRDWITION- AlA- . C>19I7 TH. AMII1CAH INSTITUTI or AACHrRCn. .755 tI.... YOlK AVINUa. H...... WASHiNGTON. D.C. ZOOO6 8111.1187 . . . , , ~ .', ,>]v. 6. [Iry OF DELRAY BEA[H Lf~ it e/zz-fgt 100 N.W, 1st AVENUE' DELRAY BEACH, FLORIDA 33444 407/243.7000 M E M 0 RAN DUM TO: Malcolm T. Bird, Interim City Manager THROUGH: FROM: John W. Elliott, Jr., Assistant City Manager/ Management Services ~ Ted Glas, Purchasing Director ~~ August 11, 1989 DOCUMENTATION - CITY COMMISSION MEETING - AUGUST 22, 1989 - BID AWARD - BID #89-l1 SEWER TV INSPECTION SYSTEM DATE: SUBJECT: Item Before City Commission: The City Commission is requested to award contract to only bidder, Cues, Inc., at a cost of $89,995. Per the Budget Office, funding is from account #441-5161-536-64.04 (Water & Sewer - Capital Outlay - Sewer TV Monitor). Background: Bids for this budgeted equipment were received on August 9, 1989 from one (1) supplier, all in accordance with City Purchasing Procedures. (Bid #89-11. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. Since only one bid was received Purchasing contacted the Florida representative for the other major brand on the market, Cherne Industries. They stated that they decided not to bid. If they had bid, their price would have been approximately $95,000. for their equipment. Recommendation: Staff recommends cost of $89,995, award to the only bidder, Cues, Inc., at Funding as stated above. a TG/th Attachments: Tabulation of Bids Memorandum from Public Utilities Equipment Information Sheets pc Robert Barcinski William Greenwood Yvonne'Kincaide Hal Faulkner S'1:f THE EFFORT ALWAYS MATTERS " u ~ '" ... 0 z 0 ~ '- 0: --J ::> CD 0: '- a: 0 --J 0 U a: 0 .... u ::> c z 0 u .... --J ::> :E: :E: w .... m > m z 0 ~ .... u W 0. m~ z~ ~ , '" >CD .... . .... UO Wz ., OQ a:.... 0... , ~ : s -, . 10 lQ 8- !E ~ u ~; ) S 10 ~ lQ J . ~ !E iI~ . .. . . . 8 .s . ~ 1>0 . ... '" .... ..... '" . '" .. . '" 10 .. ..... 10 . a = . '" N . 8 co 8 g .... .. a: 0 c m z z w 0 > .. .... w .... U 0. .... '" a: m .. U 0. a: x a: '" '" Q '" .. ~ a: :E: .. .... .. ::> ::> > m .... z .... .... --J U Z Z 0: 0: .. --J 0: '" .... ...'" '" a: ~ 0 B ~ I .... '" CD '" ~ . '" = .... m :l " ::> 0: w .... 0: C . . , . MEMORANDUM TO: TED GLAS DIRECTOR OF PURCHASING WILLIAM H. GREENWOOD ~~~~1/~1 DIRECTOR OF UTILITIES A. HAL FAULKNER SUPERINTENDENT, WASTEWATER DIVISION BIDS ON CLOSED CIRCUIT TELEVISION SYSTEM FOR THIS DIVISION TO INSPECT SANITARY SEWER LINES. THRU: FROM: SUBJ: DATE: AUGUST 10, 1989 THREE BIDS WERE RECEIVED ON AUGUST 9, 1989, FOR THE AFOREMENTIONED TV EQUIPMENT: WEST COAST LOCATORS, SAN ,lOSE, CA. NO BID CYCLbPS, INC, BOERNE, TEXAS. NO BID CUES, INC. ORLANDO, FL. $89,995.00 WE EXPECTEIl A BID FROM ANOTHER FIRM, CHERNE, INC, OUT OF MINNESOTA, HOWEVER, THEY DID NOT RESPOND TO THE INVITATION. WE CALLED AND ASKED WHY THEY DID NOT BID AND THEIR ANSWER WAS THAT THEY THOUGHT THAT THEY COULD NOT BEAT THE COMPETITION'S PRICE, THEREFORE, THEY DID NOT SUBMIT A BID. I HAVE REVIEWED THE BID AS RECEIVED AND EVERYTHING APPEARS TO BE IN ORDER: THE BID FROM CUES, INC., IS $89,995.00; AND THEY TAKE NO EX- CEPTIONS TO THE SPECIFICATIONS AND THEIR BID BOND IS IN ORDER. WE RECOMMEND THAT THE BID AS RECEIVED FROM CUES, INC, BID NUMBER 89-l1, IN THE AMOUNT OF $89,995.00 BE ACCEPTED AS THEIR BID IS THE LOWEST AND MOST RESPONSIBLE BID RECEIVED. THE ITEM (TV SYSTEM) IS FUNDED THROUGH OUR CAPITAL OUTLAY PROGRAM AND THEY CODE IDENTIFICATION IS: 441-5l61-536-64.04. A. HAL FAULKNER . . , ~ '\ if :1 l2 September 1989 CITY OF DELRAY BEACH DEPARTMENT OF PLANNING AND ZONING l00 NW FIRST AVENUE DELRAY BEACH, FL 33444 ATTN: MR. DAVID KOVACS, DIRECTOR RE: ANNEXATION OF SOUTH COUNTY PROFESSIONAL CENTER Dear Mr. Kovacs: Per my conversation yesterday with Mr. Stan Weedon, I am, by this let ter, reques t i ng a postponement of the above re ferenced item from the agenda for the City Commission scheduled for this evening, l2 September 1989. The reason for this request stems from the fact that I only recently discovered that I have a conflicting engagement which would make it difficult for me to be present at the meeting with insufficient opportunity to prepare someone else to adequately represent the petition before the Commission. Further, my client has been out of town and has just recently returned, without adequate time to review the situation particularly with regard to the potential location of a road along the eastern edge of this property and the effect of such a road on the development objectives of the property. As you know, even though our request for annexation does not include site plan review consideration at this time, we feel that a short delay in the final action on this site would give us adequate time to address the site concerns of my client and give staff additional information concerning the ultimate development of the property. I am confident that a satisfactory arrangement will be achieved. I apologize for the short your consideration if it. information, please do not notice of this request and appreciate If you have any questions or need more hesitate to contact me or this office. Sincerely, URBAN DESIGN STUDIO ~. Basehart, Agent ~)IE'''''>.'r ",11"- i1"\\ n ~tt::U\wi:!!J UrbIln Urban Pl.nnlng Design L..ndSCllp8 Architecture Studio Gf1Iphlc Design CC: Allan Gluckstern Stan Weedon :,.? 1 t. 1989 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409-6582 407.689.0066 Stuart, FL 407.283.0022 Newport Beach, CA 714.6421090