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09-26-89 Regular CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION SEPTEMBER 26, 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 Minutes: None. 6. Proclamations: A. Mental Illness Awareness Week- October 1, 1989 through October 7, 1989. B. German American Day- October 6, 1989. C. Fallen Fire Fighter's Memorial Day- October 15, 1989. D. Shrine Hospital Days- October 22, 1989 through November 5, 1989. 7. Presentations: A. Resolution No. 69-89: commending Garfield Laster for Delray Beach. A Resolution recognizing and 18 years of service to the City of B. Presentation of Plaque from Florida Recreation and Park Association, Inc. to the Parks and Recreation Department in recognition of their anti-drug program. PUBLIC HEARINGS J8. RESOLUTION NO. properties within approval. ~9. RESOLUTION NO. 66-89: 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. 65-89: A Resolution the City of Delray Beach. to levy a tax on all City Manager recommends J10. ORDINANCE NO. 47-89: An Ordinance amending Section 173.030 (P)(l) of the Zoning Code to allow screened porches, screened pool enclosures and accessory structures in open space areas in all residential districts. City Manager and Planning and Zoning Board recommend approval (3-2 vote). J11. ORDINANCE NO. 54-89: An Ordinance amending Chapter 51 "Garbage and Trash" of the code of Ordinances relative to increasing fees. City Manager recommends approval. Agenda Meeting of 9/26/89 12. ORDINANCE NO. 57-89: An Ordinance increasing the sewer rate fee for City customers. City Manager recommends approval. 13. ORDINANCE NO. 58-89: An Ordinance amending Chapter 117 "Landlord -Permits" of the Code of Ordinances to provide for increase of cost of landlord permits. City Manager recommends approval. 14. 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. City Manager recommends approval. 15. ORDINANCE NO. 60-89: An Ordinance amending Chapter 101 "Parks, \~o Beaches and Recreation" of the Code of Ordinances by increasing the vI;} '\\1i- permit fee for storing boats in the area, designated on the municipal-\' \J" beach. City Manager recommends approval. p(!V:>.l,Cll~)1 beL C'JJ'c'lC\}C f 16. 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. City Manager recommends approval. 17. ORDINANCE unauthorized materials in approval. NO. 62-89: An Ordinance making person or agent to remove articles the City's recycling bins. City it unlawful for an or otherwise disturb Manager recommends PUBLIC COMMENTS 18. Comments and Inquiries on Non-Agenda Items from the Public. FIRST READINGS /19. ORDINANCE NO. 63-89: An Ordinance amending the Code of Ordinances to provide for parking in the Holiday Inn North parking lot by permit. If passed public hearing October 10th. City Manager recommends approval. . . 20. ORDINANCE NO. 64-89: An Ordinance for the rezoning of the property owned by Bill Wallace Dealership located on the northwest corner of Linton Boulevard and S.W. 10th Avenue, if extended northward from POC (Planned Office Center) to S.C. (Specialized Commercial). If passed public hearing October 10th. City Manager and Planning and Zoning Board recommend approval. v21. ORDINANCE NO. 65-89: An Ordinance for the rezoning of the property owned by Bill Wallace located on the northwest corner of Linton Boulevard and S.W. 10th Avenue, if extended northward from R1A (Residential) to S.C. (Specialized Commercial). If passed public hearing October 10th. City Manager and Planning and Zoning Board recommend approval. ~22. ORDINANCE NO. 66-89: An Ordinance for the annexation of parcels from the northeast corner of West Atlantic Avenue and Military Trail, and south of West Atlantic Avenue between Whatley and Barwick Roads which includes the Barnett Bank; adjacent undeveloped 10 acres, Medical/Office complex north of Barnett Bank; Goodyear Tire and Auto service plaza; and shopping center on the northeast corner of Atlantic and Military Trail (Publix, Zayres, and others). Proposed City zonings are CG (General Commercial), POC (Planned Office Center) and ACT (Agricultural Commercial Transitional). If passed public hearing October 24th. City Manager and Planning and Zoning Board recommend approval. 23. ORDINANCE NO. 67-89: An Ordinance for the annexation of the Pharmore property located on the northeast corner of West Atlantic Avenue and Military Trail in conjunction with West Atlantic Avenue Annexation No.1. This item has been separated to accommodate change in effective date. If passed public hearing October 24th. City Manager and Planning and Zoning Board recommend approval. -2- Agenda Meeting of 9/26/89 REGULAR AGENDA 24. GOLF COURSE CONTRACT NEGOTIATIONS: Update negotiation of the golf course management contract. 25. DDA ELECTION: Provide staff direction regarding correcting clerical errors in the caption of the proclamation and resolution adopted in conjunction with the special act passed by the State Legislature permitting a referendum, election for the purpose of expanding the current DDA boundaries. o,ce,e,"CS ~CiO") (jn /7'/h from staff on 26. PROCLAMATION RE. CALL FOR ELECTION DOWNTOWN DEVELOPMENT AUTHORITY BOUNDARY EXPANSION: Determine which corrected proclamation will be used as the official document calling the election for the Downtown Development Authority. 27. READOPTION OF RESOLUTION 56-89: Consider readopting and readvertising Resolution No. 56-89 which called for the election for the Downtown Development Authority boundary expansion. 28. RESOLUTION NO. 70-89: A Resolution and calling for a referendum election on November 7, 1989 to consider approving issuance of a G.O. Bond for the purpose of financing the acquisition, construction and reconstruction of certain street, sidewalk, alley, right-of-way, drainage and beautification projects; construction and equipping of improvements to certain recreational and cultural facilities; acquisition, construction, reconstruction and equipping of certain fire facilities; and acquisition and construction of various redevelopment projects. 29. ABSENTEE BALLOTS: Provide staff direction regarding when the absentee ballots should be counted. 30. APPOINTMENT OF TWO MEMBERS TO THE PLANNING AND ZONING BOARD: Appoint two members to the Planning and Zoning Board to terms ending September 28, 1991. "-0'" ,JeLl' 00 (Vl~) cj..- ~ ~//)t:'f1. JL((Jrp<-'('C&c:. fat.; T dl"tJ"I&CYJ 31. APPOINTMENT OF A MEMBER TO THE HUMAN RELATIONS COMMITTEE: Appoint a member to fill the unexpired term of Leonard Mitchell ending March 15, 1990. KAn,hs Gu\d-cR (m. mctl:rtd(f'c S'<A'i- 32. APPOINTMENT OF CITY MANAGER(S) TO THE CITY MANAGER SELECTION COMMITTEE: Consideration of appointment of two City Managers, current or former, to the City Manager Selection Committee. 33. AGREEMENT BETWEEN THE CITY AND W.R.I. DELRAY ASSOCIATES: Consider agreement between the City and W.R.I. Associates for the construction of a fence on Collins Avenue and Miami Boulevard whereby W.R.I. will remit to the City $5,000 in consideration of releasing W.R.I. from future obligations regarding the construction and maintenance of the fence. City Manager recommends approval. 34. SALE OF CITY OWNED PROPERTY: Real Estate Board regarding sales property located on Venetian and Bookstore) . Consider recommendations from the method and pricing of City owned Miramar and Federal Highway (Adult 35. SITE AND DEVELOPMENT PLAN APPROVAL: Consider request from Paul Piazolla for site and development plan approval for construction. of a proposed office building to be located on the east side of N.W. 1st Avenue between N.W. 1st Street and N.W. 2nd Street. City Manager and Planning and Zoning Board recommend approval. 36. SITE AND DEVELOPMENT PLAN APPROVAL: Consider request from David Dordashti for a proposed Walmart to be located on the west side of Military Trail approximately 670 feet south of Linton Boulevard. City Manager and Planning and Zoning Board recommend approval. - 37. SITE AND DEVELOPMENT PLAN APPROVAL: Consider request for Tom King for site and development plan approval for construction of a proposed 10,800 square foot office/warehouse structure to be located -3- Agenda Meeting of 9/26/89 on the south side of S.W. 14th Avenue. City approval. S.W. 8th Street, between S.W. 13th Avenue and Manager and Planning and Zoning Board recommend CONSENT AGENDA 38. CEMETERY FEE AND Pre-Arrangement of Delray, for crypts and niches. And crypts from $1,000 to $750. CHARGE CHANGES: Consider request from Inc. to lower the preconstruction price also to reduce the charges for single lawn City Manager recommends approval. 39. DENIAL OF SETTLEMENT OFFER: Deny settlement offer from Demetrius Butts in the amount of $50,000. City Manager and City Attorney recommend denial. 40. WAIVER OF BID REQUIREMENT: Consider waiving bid requirement for the Atlantic Avenue, Swinton to I-95 irrigation project for B+12 Insurance rating for Water Wizard Irrigation Inc. and accepting B+5 Insurance rating. City Attorney and Risk Manager recommend approval. 41. CHILDREN SERVICES COUNCIL GRANT: Consider acceptance of a $136,315 grant from the Children Services Council for the expansion of afterschool program at the Community Center, Carver School and Pompey Park. City Manager recommends approval. 42. RENEWAL OF CONTRACT FOR AFTER-SCHOOL CHILDCARE PROGRAM COORDINATOR: Consider renewing Carolyn Parker's contract from October 1, 1989 to September 30, 1990 as Program Coordinator for the Afterschool Program at Carver School, Pompey Park and the Civic Center. City Manager recommends approval. 43. ACCEPTANCE OF CERTIFIED LOCAL GOVERNMENT GRANT AWARD AGREEMENT: Consider accepting grant award in the amount of $4,000 from the State of Florida for the Certified Local Government (CLG) Federal grant-in-aid assistance for historic preservation projects and approve match funding from Planning and Zoning Consulting Account No. 001-2511-515-33.15. City Manager recommends approval. 44. AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY SCHOOL BOARD: Consider approving a one year (July 1, 1989 through June 30, 1990) agreement which provides for the use of City facilities for EMS student training. City Manager recommends approval. 45. SELECTION OF POLLWORKERS: Consider appointment of clerks and inspectors for the upcoming G.O. Bond Election to be held on November 7th. City Manager recommends approval. 46. CONDITIONAL USE AND SITE PLAN APPROVAL EXTENSION: Consider request from Christ Missionary Baptist Church to extend the conditional use and site plan approval for an additional 18 months for a proposed church to be located on the north side of S.W. 8th Street, between S.W. 2nd Avenue and S. Swinton Avenue. City Manager and Planning and Zoning Board recommend approval. 47. RESOLUTION nuisance abatement properties located NO. 67-89: A Resolution action required to remove an throughout the City. assessing costs for unsafe building on 44 48. RESOLUTION NO. 68-89: A Resolution urging the County Commissioners of Palm Beach County to extend the local-option tax on motor and special fuels in order to meet the transportation needs identified in 1989 Comprehensive Plan. 49. RESOLUTION certain utility Addition. NO. 71-89: A Resolution for the abandonment of easements within the Hanover Square (Windy Creek) 1st 50. FINAL PLAT APPROVAL: Consider request from L.J. Hooker Homes, Inc. for final plat approval for Windy Creek (Hanover Square) a proposed 66 lot single family development located on the north side of -4- [ITV DF DELRAV BEA[H 100 N.W.1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 EXECUTIVE SESSION OF THE CITY COMMISSION An Executive Session for the purpose of discussing annual physicals pursuant to the Collective Bargaining Agreements will be held on Tuesday, September 26, 1989 an the First Floor Conference Room, City Hall, at 6:30 p.m. pursuant to Florida Statutes 447.605. r ~~au~ City Clerk THE EFFORT ALWAYS MATTERS Agenda Meeting of 9/26/89 W. Atlantic Avenue, extended northward. recommend approval. between Homewood Boulevard and Hamlet Drive, if City Manager and Planning and Zoning Board 51. AWARD OF BIDS AND CONTRACTS: A. 18-20 Kilowatt Generator for Fire Department- Casper Engineering Corp, in the amount of $11,446 with funding from FY 87-88 Utility Tax Construction Fund (Account No. 444-2311-522-60.89 - $9,200) and Fire EMS Operations (Account No. 001-2315-526-33.39 - $2,246). B. Purchasing/Inventory Software- HTE in the amount of $26,400 with funding from General Fund- Purchasing (Account No. 001-1531-513-60.86). C. North Water Plant Landscaping- Lush Landscaping and Design, Inc. in the amount of $10,948 with funding from Public Utilities Water Distribution (Account No. 441-5123-536-33.31). D. Toilet Partitions Anchor and Atlantic Dunes Park- Santana Products, Inc. in the amount of $15,419 with funding from General Funds Parks Division (Account No. 001-4131-572-33.31). E. Chemicals and Fertilizers- Annual Contract in the approximate amount of $28,777.10 with funding from Parks Gardening Supplies (Account No. 001-4131-572-35.54 to the low bidders listed below: Helena Chemical Co. ($4,197.75). UAP Florida Inc. ($225). Colonial Products ($356.15). Sunniland Corp. ($3,937.50). Woodbury Chemical Co. ($1,024.50). Atlantic FEC ($518). Howard Fertilizer Co. ($3,288). Lesco Inc. ($15,206.65). Van Waters and Rogers Inc. ($22.75). F. Housing Rehabilitation - 915 S.W. 4th Street- Tommy Preston in the amount of $17,000 with funding from Community Development Housing Rehab (Account 118-1963-554-60.23). G. Housing Moving- from 213 S.W. 7th Street to 229 S.W. 4th Avenue - La Plant-Adair Co. in the amount of $14,900 with funding from Community Development Housing Rehab (Account 118-1963-554-60.23). H. Computer Aided Drafting Hardware and Software for Engineering Department- CADD Centers of Florida in the amount of $13,680 with funding from Engineering Capital (Account No. 001-2911-519-60.86). I. Pompey Park Parking Lot and Sidewalk Construction- Charles S. Whiteside, Inc. in the amount of $38,730 with funding from Parks and Recreation Pompey Park Improvements (Account No. 334-4172-572-62.04). 52. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -5- CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION September 26, 1989 7 P.M. AMENDMENT Commission Chambers Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. THE CONSENT AGENDA IS AMENDED TO CORRECT: 47. AS READS: RESOLUTION NO. 67-89: A for nuisance abatement action required to 44 properties located throughout the City. Resolution assessing cost remove an usafe building on IS AMENDED TO READ: 47. RESOLUTION NO. 67-89: A Resolution assessing costs for abating nuisances on 44 properties located throughout the City. CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION September 26, 1989 7 P.M. AMENDMENT NO. 2 Commission Chambers Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. ITEM 22 AS READS: ORDINANCE NO. 66-89: An Ordinance for the annexation of parcels from the northeast corner of West Atlantic Avenue and Military Trail, and south of West Atlantic Avenue between Whatley and Barwick Roads which includes the Barnett Bank; adjacent undeveloped 10 acres, Medical/Office complex north of Barnett Barik; GOOdyear Tire and Auto service plaza; and shopping center on the northeast corner of Atlantic and Military Trail (Publix, Zayres, and others). Proposed City zonings are CG (General Commercial), POC (Planned Office Center) and ACT (Agricultural Commercial Transitional). If passed public hearing October 24th. City Manager and Planning and Zoning Board recommend approval. IS AMENDED TO INCLUDE: The Pharaore property located on the north_st corner of West Atlantic Avenue aDd Ililitary Trail. ITEM 23 AS READS: ORDINANCE NO. 67-89: An Ordinance for the annexation of the Pharmore property located on the northeast corner of West Atlantic Avenue and Military Trail in conjunction with West Atlantic Avenue Annexation No.1. This item has been separated to accommodate change in effective date. If passed public hearing October 24th. City Manager and Planning and Zoning Board recommend approval. IS AMENDED TO READ: 23. DBLETED. THE REGULAR AGENDA IS AMENDED TO INCLUDE: 37A. POLICE DEPARTMENT REVIEW TEAM: Consider increasing funding for Police Department Review Team study from $10,000 to $20,000. This follows further discussion with Mr. Murphy, regarding costs for fees, transportation, hotel and food expenses. The single most costly element is the attitude survey ($6,000 plus expenses). This however, in our opinion, is the most needed element of the study. Commission is requested to appropriate funds for this study in an amount not exceeding $20,000 with funding from Fiscal Year 1989-90 Budget Salary Contingency Account 001-6511-581-90.52 ($7,000) and from attrition savings in Police Department Salary Accounts ($13,000). MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA REPORT - MEETING OF SEPTEMBER 26, 1989 DATE: September 22, 1989 PUBLIC HEARINGS Item No. Hearing of within the 8 (Resolution No. 65-89). This is a Resolution levying a $6.20 property City of Delray Beach. the Second Public tax on all properties Recommend approval of Resolution No. 65-89. Item No. 9 (Resolution No. 66-89) This a the Second 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. 66-89. Item No. 10 (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. 11 (Ordinance No. 54-89): This is a Second Reading of an Ordinance to increase the City's service fees for garbage and trash collection. This proposed hike is necessary to defray increases 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 approval charqes for qarbaqe recyclinq proqram. of Ordinance and trash No. pick 54-89 up and increasinq the implementation City's of the Item No. 12 (Ordinance No. 57-89): This is a Second 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 pass through costs represent an increase of .31650. 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. 13 (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. 14 (Ordinance No. 59-89) This is a Second 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 is a Second Reading of an Permits" Section 117.02 provide for a 5% increase AGENDA REPORT Meeting of September 26, 1989 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. Recommend approval of Ordinance No. 59-89. Item No. 15 (Ordinance No. 60-89). This is a Second 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. 16 (Ordinance No. 61-89): This is a Second 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. 17 (Ordinance No. 62-89): This is a Second 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. FIRST READINGS Item No. 19 (Ordinance No. 63-89). This is a First Reading of an Ordinance amending the Code of Ordinances to provide the option to either purchase a permit or use the parking meter when parking in the Holiday Inn North parking. This option is currently in affect at Anchor Park and Sandoway Park. This item follows direction received at your September 5th workshop. Recommend approval of Ordinance 63-89. Item No. 20 (Ordinance No. 64-89). This Ordinance for the rezoning property owned the northwest corner of Linton Boulevard extended northward from POC (Planned (Specialized Commercial). The 2.572 acre parcel consists of eight lots and 50 feet of previously abandoned right-of-way (Princess Boulevard). This parcel attained the POC zoning designation via a code change which eliminated the POI designation. Mr. Wallace is proposing to expand the existing Nissan and Subaru dealerships. There are no unusual aspects to this request. It is consistent with the current and proposed Comprehensive Plan and with policy statements dealing with the location of automobile related uses. is a First Reading of an by Bill Wallace located on and S.W. 10th Avenue, if Office Center) to S.C. - 2 - AGENDA REPORT Meeting of September 26, 1989 The Planning and Zoning Board at it's September 18th meeting recommend approval. A detailed staff report is available for review in the City Manager's Office. Recommend approval of Ordinance No. 64-89. Item No. 21 (Ordinance No. 65-89). This is a First Reading of an Ordinance for the rezoning property owned by Bill Wallace located on the northwest corner of Linton Boulevard and S.W. 10th Avenue, if extended northward from R1A (Residential) to S.C. (Specialized Commercial). The 2.867 acre site consists of 10 lots fronting on both sides of Queens Avenue. Two lots contain vacant single family dwellings, while the balance is vacant. Queens Avenue right-of-way is included in the rezoning request and is being abandoned by a separate application which should be before you on October 16th. There are no unusual aspects to this request. It is consistent with the current and proposed Comprehensive Plan and with policy statements dealing with the location of automobile related uses. The Planning and Zoning Board at it's September 18th meeting recommend approval. A detailed staff report is available for review in the City Manager's Office. Recommend approval of Ordinance No. 65-89. Item No. 22 (Ordinance No. 66-89). This is a First Reading of an Ordinance for the annexation of parcels along West Atlantic Avenue which includes the Barnett Bank; adjacent undeveloped 10 acres, Medical/Office complex north of Barnett Bank; Goodyear Tire and Auto service plaza; and shopping center on the northeast corner of Atlantic and Military Trail (Publix, Zayres, and others). Proposed City zonings are CG (General Commercial), POC (Planned Office Center)' and ACT (Agricultural Commercial Transitional). This 56.41 acre area is comprised of 16 parcels lying north and south of Atlantic Avenue between Military Trail and Barwick Road. All of the areas proposed for annexation are covered by water service agreements except for a .33 acre parcel in front of the Barnett Bank (Helen's Nursery). A voluntary annexation petition was submitted by the owner of this property. The entire area proposed for annexation is commercial in nature, so no additional population will be added to the City. For most part, the proposed zoning corresponds to existing land use plans; however some property will become nonconforming and some property will be down-zoned in order to conform with the proposed Future Land Use Map. The Planning and recommended approval available for review Zoning Board at it's of the annexation. in the City Manager's September 18th meeting A detailed staff report is Office. Recommend approval of Ordinance No. 66-89. Item No. 23 (Ordinance No. 67-89). This is a First Reading of an Ordinance for the annexation of parcels along West Atlantic Avenue specifically, the Pharmore Property. Since the Pharmore Store is currently under construction, staff is recommending an effective date of annexation of December 1st to avoid problems regarding completion of inspections on the shell building and major tenant, hence this separate Ordinance was prepared. Recommend approval of Ordinance No. 67-89. REGULAR AGENDA - 3 - AGENDA REPORT Meeting of September 26, 1989 Item No. 24 Golf Course Contract Negotiations. Staff met with Mr. Goldstein's representatives on September 13th to discuss the Mudge Rose letter concerning the status of the bond. Mr. Shapiro, Mr. Goldstein's attorney, did not agree with the interpretation and was going to discuss this item with their tax attorneys and Mudge Rose representatives. A meeting is scheduled with Mr. Shapiro on Monday, September 25th. The City Attorney will provide an update at your Tuesday evening meeting. Item No. 25 DDA Election. This item is before you for direction regarding the correction of clerical errors in the caption of the special act passed by State Legislature permitting a referendum election for the purpose of expanding the current DDA boundaries. Both the proclamation and resolution passed by the Commission contained these errors. The Commission may wish to either: A. Declare the clerical errors to be of minor import and reread the correct proclamation and direct that the resolution be corrected administratively thus allowing the election to proceed on October 17th, or; B. Re-adopt resolution. October 31st and re-advertise the corrected proclamation and This would delay the election until approximately in order to meet statutory requirements. Recommend consideration of the correction of clerical announcing the DDA election. Item No. 26 Proclamation reo Call for Election Downtown Development Authority Boundary Expansion. There are two option available for Commission consideration. Option A- provides the clerical corrections leaving the call for election date the same (October 17). Option B- provides the clerical corrections however, leaves the Commission the option of delaying the election and readvertising the proclamation and resolution. o tion A and rovide direction re ardin errors in the proclamation and reso ution City Manager recommends approval of Option A for the correction and rereading of the proclamation calling for the DDA Boundary Expansion Referendum. Item No. Commission then it is 56-89. 27 Readoption of Resolution No. 56-89. Should the decide to postpone the election to October 31st or later necessary to re-read and re-advertise Resolution No. Recommend staff be directed to administratively correct Resolution No. 57-89. Item No. 28 (Resolution No. 70-89) A Resolution calling for a referendum election on November 7, 1989 to considering approving issuance of a G.O. Bond issue for the purpose of financing the acquisition, construction and reconstruction of certain street, sidewalk, alley, right-of-way, drainage and beautification projects ($11,207,000); construction and equipping of improvements to certain recreational and cultural facilities ($4,605,000); acquisition, construction, reconstruction and equipping of certain fire facilities ($5,180,000); and acquisition and construction of various redevelopment projects ($500,000). Recommend approval of Resolution No. 70-89. Item No. 29 Absentee Ballots. Previously the Commission approved eliminating paper absentee ballots in favor of punch card ballots to facilitate the automatic counting of absentee ballots. The Supervisor of Elections is requesting that the Commission determine whether they - 4 - AGENDA REPORT Meeting of September 26, 1989 want the absentee ballots counted at the same time as the regular ballots or the next day. If the absentee ballots are counted at the same time, the computer print outs would still designate that the voter used an absentee ballot. The Supervisor of Elections is recommending that the absentee ballots be counted at the same time as the regular ballots. Recommend approval of counting absentee ballots at the same time as regular ballots. Item No. 30 Appointment of Two Members to the Planning and Zoning Board. Two members have terms which expire September 28, 1989. David Klarer has applied and is eligible for reappointment. Mr. Solloway is not eligible for another term. The Planning and Zoning Board will interview applicants on Monday, September 25th. They will present their recommendations to you at Tuesday evenings meeting. Following the process adopted in your Local Rules, the next regular appointment nomination would go to Mr. Weatherspoon. Recommend appointment of two members to the Planning and Zoning Board to terms ending September 28, 1991. Item No. 31 Appointment of a Member to the Human Relations Committee. This vacancy was created by the appointment of Leonard Mitchell to the CRA. His term was to expire March 15, 1990. Resolution No. 60-86 designates that Commission appointments will be made by seat number. Recent rule and procedures passed by the Commission do not affect this appointment process. We received applications from the following individuals: Recommend appointment of a member to the Human Relations Committee to a .term ending March 15, 1990. Item No. 32 Appointment of City Manager(s) to the City Manager Selection Committee. At your September 12th meeting the Commission appointed five of the seven members selected to serve on the City Manager Selection Committee. This item is before you to select the last two members who have served or are presently serving in the capacity of city manager in other cities. Recommend appointment of two City Managers, current or former, to the City Manager Selection Committee. Item No. 33 Agreement Between the City and W.R.I. Delray Associates. W.R.I. Associates is proposing an agreement between themselves and the City whereby W.R.I. will remit to the City $5,000 in consideration of releasing W.R.I. from future obligations regarDing the construction and maintenance of a fence on Collins Avenue and Miami Boulevard. This is the Delray Mall fence project. No City funding will be expended as acceptance of this agreement will defray cost of constructing fence. Recommend acceptance of agreement with W.R.I. Delray Associates. Item No. 34 Sale of City Owned Property. The Real Estate Advisory Committee will be presenting recommendations pursuant to direction received at your September 12th meeting regarding the sales price and strategies for the sale of City owned property at Venetian and Miramar and the Adult Bookstore property on Federal Highway. Recommend consideration of recommendations from the Real Estate Advisory Committee. Item No. 35 Site requesting site and and Development Plan Approval. Paul Piazolla is development plan approval for construction of a - 5 - AGENDA REPORT Meeting of September 26, 1989 proposed office building to be located on the east side of N.W. 1st Avenue between N~W. 1st Street and N.W. 2nd Street. This vacant property is part of Lot 6, Block 59 of the "Town of Linton" Plat. The developer is proposing construction of a two story office building with a one-way access system. Parking is provided in the rear of the structure. The RO Zone District requires that the development appear residential in nature and that parking be confined to side and rear yards. The overall buildable area is 7,837 square feet. This is a substandard lot pursuant to the RO Zone District requirements, however the Code provides that non-residential structures can be built on lots of record which have less than 6,000 square feet of area and 50 feet of frontage. The Planning and Zoning Board at their September 18th meeting recommended approval with conditions. The Historic Preservation Board issued a Certificate of Appropriateness on August 29th. A detailed staff report is available for review in the City Manager's Office. Recommend approval of site and development plan for the Piazolla office building project. Item No. 36 Site and Development Plan Approval. David Dordashti is requesting site and development plan approval for a proposed Wal-Mart to be located on the west side of Military Trail approximately 670 feet south of Linton Boulevard. The development proposal involves the construction of a Wal-Mart store (a 114, 760 square foot retail store with garden center) and two out parcel developments (a 4,650 square foot restaurant building and a 3,330 square foot office, bank with drive-thru, building) on a total acre site of 14.20 acres. Access will be provided directly from Military Trail and through connections to "The Promenade" which is located north. The Planning and Zoning Board at it's September 18th meeting recommended approval subject to conditions. The Community Appearance Board approved elevations and landscaping and the Board of Adjustment granted a variance relative to the number of loading berths. A detailed staff report is available for review in the City Manager's Office. Recommend approval of site and development plan for Wal-Mart. Item No. 37 S.i te and Development Plan Approval. Tom King is requesting site and development plan approval for construction of a proposed 10,800 square foot office/warehouse structure to be located on the south side of S.W. 8th Street, between S.W. 13th Avenue and S.W. 14th Avenue. The proposed development involves three phases of construction, Phase I and II are before you for action at this time as Phase III plans have not be developed. Phase I consists of the construction of a 10,800 square foot building and a six foot high masonry wall constructed along the south property line as a buffer against residential zoning, along with a 36 car parking lot and two loading areas, one interior and one exterior to the building. Phase II consists of an additional 4,500 square feet and an additional 21 parking spaces. This site is within the Series 20 wellfield impact zone. While the proposed Comprehensive Plan calls for other than industrial usage; the Commission may approve and vest this site and development plan under the existing p}an and zoning code. Waivers are required in order for this project to proceed they are: A. Relief from dedication of five feet of right-of-way along - 6 - AGENDA REPORT Meeting of September 26, 1989 S.W. 13th Avenue, and; B. Relief from constructing a sidewalk along S.W. 13th Avenue. The Planning and Zoning Board at it's recommending approval subject to conditions. is available for review in the City Manager's September 18th meeting A detailed staff report Office. Recommend approval of Office/Warehouse. site and development plan for King CONSENT AGENDA Item No. 38 Cemetery Fee and Charge Changes. Pre-Arrangement of Delray, Inc. is requesting approval to lower the preconstruction price for crypts and niches. And also to reduce charges for single lawn crypts from $1,000 to $750. The changes are requested to assist the company in marketing the facility and to clarify previously approved charges. All other cemetery prices and charges will remain the same. These changes will not affect our revenue projections. Recommend approval of reguest to lower preconstruct ion prices for crypts, niches and single lawn crypts. Item No. 39 Denial of Settlement Offer. We received a settlement offer from Demetrius Butts in the amount of $50,000. Mr. Butts filed a claim against the City for false arrest and imprisonment arising out of his arrest, for resisting an. officer, on December 27, 1987. The City Attorney's Office recommends denial. Recommend denial of reguest for settlement in the amount of $50,000 to settle the claim filed by Demetrius Butts. Item No. 40 Waiver of Bid Requirement. Water Wizard Irrigation Inc. was the successful low bidder for the Atlantic Avenue Irrigation for Swinton to 1-95 project and was awarded the contract. Unfortunately they were unable to secure sufficient automobile insurance from a company of requisite size to meet our bid specifications. Water Wizard is willing to provide us with a $750,000 insurance policy ($250,000 above our minimum requirements) issued by Bankers Insurance Co., a B+5 Company. The Risk Manager and the City Attorney Office recommend that the bid requirement be waived. Recommend waiver of bid reguirements and acceptance of B+5 Insurance rating for the Atlantic Avenue, Swinton to 1-95 irrigation project. Item No. 41 Children Services Council Grant. This item is an agreement between the City and the Children Services Council of Palm Beach County to provide reimbursement funding in the amount of $136,315 for the City's after-school program. The after-school program serves approximately 250 children ages six to 15 and provides a structured supervised recreation activity with adult supervision for a large number of "latch-key" kids. The after-school program is conducted at the Community Center, Carver School and Pompey Park. The after-school program is concluding it's second year of operation in Delray Beach. The Children Services Council funds other after-school programs however ours is unique in that we work closely with the School District and identify latch key children. Recommend approval of Services Council of after-school program. an agreement between the City and Palm Beach County to conduct the Children the City's Item No. 42 Coordinator. contract from Renewal of Contract- After-School Childcare This is a request for approval to renew Carolyn October 1, 1989 to September 30, 1990 Program Parker's as the - 7 - AGENDA REPORT Meeting of September 26, 1989 After-School Childcare Coordinator for the Afterschool Program at Carver School, Pompey Park and the Civic Center. This position is funded by the CSG Grant. Recommend approval of renewal of the After-School Childcare Coordinator contract from October 1, 1989 to September 30, 1990. Item No. 43 Acceptance of Certified Local Government Grant Award Agreement. The Historic Preservation Board has received notification of award of a CLG grant in the amount of $4,000 to fund a Delray Beach design guidelines book for historic restoration, rehabilitation and construction within local historic buildings. This is a matching grant program and the Historic Preservation Board is asking that the Commission identify a funding source for the matching funds which total $5,500. A portion of that amount $1,814 has been identified as in-kind service. Funding is available in the Planning and Zoning Department Consulting line item. Recommend acceptance of the CLG Grant Award agreement with funding from the Planning and Zoning Department's Consulting line item. Item No. 44 Agreement between the City and Palm Beach Beach County School Board. This one year agreement (July 1, 1989 through June 30, 1990), provides for supervised learning experiences for approximately 20 EMS students in patient care using the City'S EMS facilities for both observation and selected clinical experiences. These learning sessions will take place at least four times per year. The students will not perform any procedures while with the City's rescue unit. There is no fiscal impact associated with this agreement. Recommend approval of agreement between the City and Palm Beach County School Board to provide EMS training using City facilities. Item No. 45 Selection of Pollworkers. Consider appointment of clerks' and inspectors from the attached list of possible appointees from which sufficient numbers will be selected by the City Clerk to conduct for the upcoming G.O. Bond Election. Recommend approval of appointment of sufficient clerks and inspectors to conduct the upcoming G.O. Bond Election. Item No. 46 Conditional Use and Site Plan Approval Extension. Christ Missionary Baptist Church is requesting an 18 month extension of the conditional use and site plan approval for a proposed church to be located on the north side of S.W. 8th Street, between S.W. 2nd Avenue and S. Swinton Avenue. The Commission originally approved a conditional use and site plan for Christ Missionary Baptist Church on March 8, 1988 which was valid for 18 months. The general guidelines should be given include to develop but because developer, it was not this case. for determining whether or not extensions "that there is a bona fide continuous effort of circumstances beyond the control of the possible". That appears to have happened in The Planning and Zoning Board at it's September 18th meeting heard from Reverend who explained the difficulties which have been encountered in trying to get certified plans ready for this project. There have not been any changes in development regulations nor in the circumstances of the project or immediate neighborhood which would affect the previously made findings Recommend site plan Church. approval of reguest for extension of conditional use and an additional 18 months for the Christ Missionary Baptist - 8 - AGENDA REPORT Meeting of September 26, 1989 Item No. 47 (Resolution No. 67-89). A Resolution assessing costs for nuisance abatement action required to remove an unsafe building on 44 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 remain unpaid. Recommend approval of Resolution No. 67-89 assessing costs for abating nuisances on 44 properties throughout the City. Item No. 48 (Resolution No. 68-89) A Resolution urging the County Commissioners of Palm Beach County to extend the local-option tax on motor and special fuels in order to meet the needs of the City's $30.9 million transportation program as outlined in the 1989 Comprehensive Plan. Recommend approval of Resolution No. 68-89. Item No. 49 (Resolution No. 71-89). A Resolution for the abandonment of certain utility easements within the Hanover Square (Windy Creek) 1st Addition in order to accommodate the incorporation of three common open spaces within abutting individual lots and replatting action. The utility easements will be replaced along the front lot lines of adjacent to the rights-Of-way. Recommend approval of Resolution No. 71-89. Item No. 50 Final Plat Approval. L.J. Hooker Homes, Inc. is requesting final plat approval for Windy Creek (Hanover Square) a proposed 66 lot single family development located on the north side of W. Atlantic Avenue, between Homewood Boulevard and Hamlet Drive, if extended northward. This request follows approval of a modification to the Hanover Square S.A.D. which eliminated certain common open space areas resulting in the creation of larger lots. The subdivision is comprised on 111 zero lot line single family units. The portion of the development being replatted encompasses 66 lots which are located on the east side of the development. The replat is being south in order to accommodate the incorporation of three common open spaces within abutting individual lots. The Planning and the final plat. A the City Manager's Zoning Board at detailed staff Office. it's August 21st meeting certified report is available for review in Recommend approval of final plat for Windy Creek (Hanover Sguare). Item No. 51 AWARD OF BIDS AND CONTRACTS: A. 18-20 Kilowatt Generator for Fire Department- Casper Engineering Corp., in the amount of $11,446 with funding from FY 87-88 Utility Tax Construction Fund (Account No. 444-2311-522-60.89 - $9,200) and Fire EMS Operations (Account No. 001-2315-526-33.39 - $2,246). B. Purchasing/Inventory Software- HTE in the amount of $26,400 with funding from General Fund- Purchasing (Account No. 001-1531-513-60.86). C. North Water Plant Landscaping- Lush Landscaping and Design, Inc. in the amount of $10,948 with funding from Public Utilities Water Distribution (Account No. 441-5123-536-33.31). D. Toilet Partitions Anchor and Atlantic Dunes park- Santana Products, Inc. in the amount of $15,419 with funding from General - 9 - AGENDA REPORT Meeting of September 26, 1989 Funds Parks Division (Account No. 001-4131-572-33.31). E. Chemicals and Fertilizers- Annual Contract in the approximate amount of $28,777.10 with funding from Parks Gardening Supplies (Account No. 001-4131-572-35.54 to the low bidders listed below: Helena Chemical Co. ($4,197.75). UAP Florida Inc. ($225). Colonial Products ($356.15). Sunniland Corp. ($3,937.50). Woodbury Chemical Co. ($1,024.50). Atlantic FEC ($518). Howard Fertilizer Co. ($3,288). Lesco Inc. ($15,206.65). Van Waters and Rogers Inc. ($22.75). F. Housing Rehabilitation - 915 S.W. 4th Street- Tommy Preston in the amount of $17,000 with funding from Community Development Housing Rehab (Account 118-1963-554-60.23). G. Housing Moving- from 213 S.W. 7th Street to 229 S.W. 4th Avenue - La Plant-Adair Co. in the amount of $14,900 with funding from Community Development Housing Rehab (Account 118-1963-554-60.23). H. Computer Aided Drafting Hardware and Software for Engineering Department- CADD Centers of Florida in the amount of $13,680 with funding from Engineering Capital (Account No. 001-2911-519-60.86). I. Pompey Park Parking Lot and Sidewalk Construction- Charles S. Whiteside, Inc. in the amount of $38,730 with funding from Parks and Recreation Pompey Park Improvements (Account No. 334-4172-572-62.04). Item No. 52 Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager - 10 - [ITY DF DELIA' BEAEN 100 N.W 1st AVENUE OELAAY BEACH. FLORIDA 33444 407/243.7000 PROCLAJJA TfO,\ WHEREAS, mental illness is a problem of grave concern and consequence in American society and is widely, but unnecessar- ily, feared and misunderstood; and, WHEREAS, more than 10,000,000 people in the United States are disabled for long periods of time by schizophrenia, manic depressive disorders, and major depression; and, WHEREAS, men ta 1 disability with excellent properly recognized; and, illness is an increasingly treatable prospects for remedy and recovery when WHEREAS, appropriate treatment of mental illness is cost effective because it restores productivity, reduces utilization of other health services, and lessens soc~al dependence; and, WHEREAS, research in recent decades has led to a wide array of new and more effective somatic and psychosocial methods of treatment for some of the most incapacitating forms of mental illness, including schizophrenia, major affective disorders, phobias, and phobic disorders; and, WHEREAS, recent and unparalleled growth in scientific knowledge about mental illness has generated the current emergence of a new threshold of opportunity for future research advances and fruitful application to specific clinical problems; and, WHEREAS, persons with mental illnesses and their fami- lies are stigmatized by the myths and prejudices surrounding mental illness and are thereby doubly victimized by the illness, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby proclaim the week of October 1-7, 1989, as "MENTAL ILLNESS AWARENESS WEEK" and commend the parents, relatives and friends of the mentally ill who have joined together to support each other and their loved ones for their continuing efforts to work toward a brighter tomorrow for all the people of our City and to educate them on the plight of the mentally ill. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official Seal of the City of Delray Beach, Florida, to be affixed this 26th day of September, 1989. MAY 0 R DOAK S. CAMPBELL SEAL (d\ [IT' DF DELIA' BEAEH 100 N.W 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 PROCL.-l.l1A [HP WHEREAS, it was on October 6, 1683 that the first Germans arrived in the United States; and, WHEREAS, today, more than 60 million Americans trace at least a part of their ancestry to Germany; and, WHEREAS, the sons and daughters of Germany have served this city and this country steadfastly over the years in. all fields; and, WHEREAS, The United States Conference of Mayors in cooperation with the German Association of Cities and The Federal Republic of Germany have joined in a cooperative effort to commem- orate the invaluable contributions of Americans of Germans ancestry, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby proclaim October 6, 1989 as "GERMAN-AMERICAN DAY" and call upon all citizens to recognize the vital role German- Americans have played in the development of our city and nation. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 26th day of September, 1989. MAY 0 R DOAK S. CAMPBELL SEAL ~B EIT' DF DELIA' BEAEH ~. (. ~' ., \:, ~;." '. ..::~ 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 4071243.7000 PROCLAMA TlOf\' WHEREAS, Fire Departments across the nation are being encouraged to participate in observance of Fallen Firefighter Memorial Day; and, WHEREAS, observance of fallen firefighters began in 1981 with the dedication of the Fallen Firefighters Memorial on the grounds of the Federal Emergency Management Agency's National Emergency Training Center in Emmitsburg, MD; and, WHEREAS, the observance is held to increase public awareness of the hazards faced by firefighters, as well as to honor and commemorate the 129 firefighters who lost their lives in the line of duty in 1988; and, WHEREAS, all fire departments are invited to participate in a program of nationally coordinated memorial events to culmi- nate national fire prevention week; and, WHEREAS, this being the fifth anniversary of Fallen Firefighters Memorial Day observed in the City of Delray Beach; and, WHEREAS, State and local governments and fire agencies are encouraged to lower the U.S. flag to half-mast, sound a siren for 10 seconds at 12:30 P.M. (DST), wear "sorrow" bands on uni- forms or any other recognition deemed appropriate and procla:j.m October 15, 1989, Fallen Firefighter Memorial Day, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby proclaim Sunday, October 15, 1989, as , "FALLEN FIREFIGHTERS MEMORIAL DAY" in the City of Delray Beach, Florida, to help increase public awareness of the hazards faced by Firefighters as well as to honor and commemorate the 129 firefighters who lost their lives in the line of duty in 1988 by flying the flag at half-mast at all City fire stations. IN WITNESS WHEREOF, I have hereunto caused the Seal of the City of De1ray Beach, affixed this 26th day of September, 1989. set my hand and Florida, to be MAY 0 R DOAK S. CAMPBELL SEAL ~~ [IT' DF DELIA' BEAEH .,~4"" "'. ":;;t. .... ~ ":" '" 100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000 PROCL-UfA nON and, ''HEREAS, one of our greatest resources is our children; ~rnEREAS, one of the world's most benevolent guardians of those resources is the Shrine Hospitals for Crippled Children and Burns Institute; and, WHEREAS, twenty two Shrine Hospitals throughout the United States, Canada and Mexico are dedicated to the great task of curing or helping afflicted children without regard to race or religion; and, WHEREAS, more than 380,000 have been treated and returned to society either cured or substantially helped, where neither patients nor their parents have been required to pay for this outstanding medical care; and, WHEREAS, Shriners throughout North America have raised millions of dollars to support the Shriners Hospitals and Burns Institutes to insure a brighter future for these and future generations, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby proclaim the week of October 22 through November 5, 1989, as "SHRINE HOSPITAL DAYS" in recognition of the outstanding and unselfish Shriners of North America and urge all our citizens recognizing this great service. work of the to join me in IN l-HTNESS WHER"OF, I have hereunto caused the Seal of the City of De1ray Beach, affixed this 10th day of October, 1989. set my hand and Florida, to be MAY 0 R DOAK S. CAMPBELL SEAL ~]) - RESOLUTION NO. 69 -89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING GARFIELD LASTER FOR 18 YEARS OF SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Garfield Laster was hired on September 22, 1971 by the City of Delray Beach; and, WHEREAS, Garfield Laster has been a employee of the Public Works Department of for 18 years; and, WHEREAS, Garfield Laster retired from employment with the City~of Delray Beach effective September 22, 1989, faithful and dedicated the City of Delray Beach I I NOW, THEREFORE, BE IT RESOLVED 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, Florida, hereby expresses its thanks and sincere appreciation to Garfield Laster for 18 years of dedicated service to the City of Delray Beach, and wishes him happiness in his retirement. PASSED AND ADOPTED in regular session on this the ____ day of , 1989. MAYOR ATTEST: City Clerk ~~ RESOLUTION NO. 65-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE A..~D OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND I~TEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEL RAY 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 levied on all taxable property within the City of Delray Beach for the fiscal year commencing October l, 1989, and terminating Septem- ber 30, 1990, the assessed valuation on all taxable property for operat- ing purposes within the City of Delray Beach being $2,261,238,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 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 $0.7804 per one thousand ($l,OOO) dollars which is 116.1057% of the rolled back rate. Section 2. That amount of mone~ 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 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 asses- sed valuation being $2,261,238,144. Section 3. That the above 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 jurisdiction of the taxing authority as certified pursuant to subsection (1) is at variance from the taxable value shown on the roll to be extended. Section 4. Budget on September PASSED AND September, 1989. That a Public Hearing was held on the Tax Levy and 12, 1989 and September 26,1989. ADOPTED in regular session on this the 26th day of MAY 0 R ATTEST: City Clerk 1> RESOLUTION NO. 66-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING 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 appropriated upon terms, conditions and provisions hereinabove and hereinafter set forth. Section 2. That all monies appropriated upon the terms, conditions, hereinafter set forth. hereinbefore appropriated are and provisions hereinbefore 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 lst day of October, 1989, and terminating the 30th day of September, 1990. Section 4. That all balances of the appropriations payable out of the General 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 Ci ty 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. q -....... ~ , 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. Section 9. That the foregoing budget be and hereby is 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. collected by City Government any department, shall be paid 1, 1989. Section 10. That this resolution shall be effective on October PASSED AND ADOPTED in regular session on this the 26th day of September, 1989. MAY 0 R ATTEST: City Clerk -2- Res. No. 66-89 EXHIBIT A CITY OF DELlAT BEACH OPERATING BUDGET SUMMARY FISCAL YEAR 89-90 Gallara! Lav C"-Ility Baaut1fica_ City FWId Enforc:eMl!t Davalop- tiOIl TNn Marilla ESTDfATID UvuUlS: Truet Milt FUM FUlld AD VAl.OIDf TAXIS U3.489.693 SALI AID USI TAXIS $849.600 FUlfCIISI TAXIS S2.406.800 ~ UTILln TAUS '3,686.606 LICIISIS AID 'IIMITS U.432,925 .. IITIIGOVlUlllJlTAl. S4.221.699 S.541 . 5.0 CBAlGU FOI SIIVICIS '744.934 SlO.OOO Fms AID FOUIITtlIIS '455.800 MISCILLAnOUS IIVII1.'18 S2.690.884 S26.000 '4.200 0TIIIl FIlWICIRG SOUlCIS '2.073.737 '63.578 TOTAL lIVl1Il1U SJ2,052.678 '0 '541.580 Sl9.518 Sl4.200 PIIOI YEAR FUWD BALABC! SJ25.000 '263.750 U35.472 '0 TOTAL RlVI1Il1ES AND OTHII FDWlCING SOUlCES SJ2.377.678 '263.750 '541.580 '225.050 $84.200 ............ ............ ........... ............. .......... EXPENDITtlIIS/EXPENS!S: GINIIAL GOVIP-n $2.279,890 COHHUNln SIIVICIS '5.204.297 $188.746 '39.298 DEVELOPMENT SIIVICIS SJ.379,403 '541.580 HANAGDIDr SIIVIC!S $1.732.4'61 POLICE DEPAlTMINT $9.074.871 $263.750 FIll D!PAlTMINT $5.967.575 GIANTS AND CONTINGENCIES S638.920 DEBT SllVIC! $3.295.909 OTHII FINANCING SOUlCIS (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 EXPlNDlTUlIS IEXPENSES , IISIIVlS '32.377 .678 $263.750 $541,580 $225.050 Sl4.200 ............ ............ ........... ......-.- .......... ORDINANCE NO. 47-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVI I, "LAND USAGE" , CHAPTER 1 7 3 , .. ZONING CODE", "GENERAL REGULATIONS", SECTION l73.030, "SPECIAL SETBACK PROVISIONS", SUBSECTION l73.030(P), BY ADDING "SCREEN ENCLOSURES, AND ACCESSORY STRUCTURES IN REAR YARDS" TO THE SHORT TITLE OF SUBSECTION 173.030(P); BY AMENDING PARAGRAPH l73.030(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 l73.030(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 THAT ALLOWED BY SECTION l73. 031, "STRUCTURES ALLOWED IN SETBACKS", OR SECTION l73.039, "WALLS, FENCES, HEDGES, AND THE LIKE"; BY RENUMBERING PARAGRAPHS 173.030(P) (2) AND 173.030(P) (3) TO PARAGRAPHS 173.030(P)(3) AND 173.030(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: j (1) In all tlie /'bi-l-i' /'bi-l-rrJ' /'bi-l-U' /11.VJ-I-4' 1~07771/and//1~0-1-1~ 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. \0 ill Al1 ill 01 III Screen enclosures around sWimming ~ools and other accessory structures may have a zero rear ard setback whenever at least f1 teet 50 0 0 en s ace as defined 1n subsection 3 be ow sepa- rates the rear property line from the next rear property line directly across and abutting the open space. However, this subsection does not constitute a change to rovisions 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) (1) 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- ity of the open space status of the property. ill Any conflicts between this division (P) and the regulations as set forth in individual residential zoning districts shall be overned b the rovisions of th1s d1v1s1on 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. ~o. 47-89 Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the regular day of session on second and , 1989. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 47-89 CITY COMMISSION DOCUMENTATION TO: ~~~l;~ ASSI:T:T FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP CITY MANAGER VIA: FROM: ~~~~~RECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER l2, 1989 FIRST READING ORDINANCE 47-89 SPECIAL REAR YARD SETBACKS ACTION REOUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which will amend l73.030(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 2l, 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 5l, "Garbage and Trash", "Rates and Charges", Section 5l. 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: (l) For those customers receiving Type A, roll- out cart service, the service charge shall be 'Z./i6 $19.27 per month for garbage and trash pickup. However, the levy for "Tropic Palms and Palms of Delray" (known as Type F) shall be UBi U $1 7.67 per month for garbage and trash pickup. (2) For those customers rece~v~ng Type B, rear- door/side-door service, the serv~ce charge shall be ,z.Iaz $18.33 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 18117 $12.96 per month for garbage and household trash pickup. (4) For those customers rece~v~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 '1Z19Z $16.36 per month for garbage and trash pickup. ( ( NOTE: Residential customers shall be assessed a $l.80 per unit charge for recycling service (included in rates set forth above). (B) Mechanical containers container service. and commercial refuse (1) For customers recei ving 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 Size (Square Yard) Pickups Per Week Container Monthly Billing Ra te 2 3 4 6 8 2 3 4 6 8 2 3 4 6 8 2 3 4 6 8 2 3 4 6 8 2 3 4 6 8 1 1 1 1 1 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 5 5 5 5 5 6 6 6 6 6 '/43 U 79 H4 141 U 124 US 1.17 2'Jl IU IiI 217 341 411 In 247 ZH 1$4 ~i2 2H ZrJ9 Z'Ji Hi 727 UrJ 311 474 liZ sn ( 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 $ 52 74 95 137 l77 103 148 190 275 353 154 222 285 412 530 206 296 380 549 707 257 370 475 687 884 309 444 570 824 1,061 (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- ta'iners and commercial refuse container service (Type E) shall accrue and be payable on the total capaci ty 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 ll4.00 l46.00 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 of commercial rec clin customers and conta~ners. Waste Mana ement will rov~de 2-cub~c ards of conta~ner s ace or eac t ~rt 3 we ~n un~ts ocate ~n con om~n~um or a artment com exes. Waste Mana ement w~ eterm~ne a ro r~ate conta~ner s~zes ~n cooperat~on w~t the 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 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 af~ect 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. 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 l,OOO GALLONS TO $.9l70 PER l,OOO GALLONS FOR INSIDE CITY USE, AND FROM $.7l94 FOR 1,000 GALLONS, FOR RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL USE RESPECTIVELY, TO $1.l463 PER 1,000 GALLONS FOR OUTSIDE CITY USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, 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: (1) 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 $8.75 (b) Commodity charge (based on metered water with maximum of 10,000 gallons) : City (per 1,000 gallons) 0.55 0.69 Residential South Central Regional Wastewater Treatment Disposal Board (per 1,000 gallons) >$...Si'SS .9170 ....i'i94 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: 12..- 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 Outside City $ 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) $..,:;1,5 .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 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. 1989. Section 4. That this ordinance shall become effective October 1, 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 ORDINANCE NO. 58-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY 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 1. That Chapter 117, "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 $iiT96 $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 MAY 0 R ATTEST: City Clerk First Reading Second Reading IS 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 l50, "BUILDING REGULATIONS", "MOVING BUILDINGS", SECTION l50.062, "PERMIT FEE", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEE FOR MOVING BUILDINGS; BY AMENDING CHAPTER l50, "BUILDING REGULATIONS", "BUILDING CODE", SECTION 150.0l6, "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), 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 113.4, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (a) AND (C), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING CHAPTER l60, "MECHANICAL CODE", SECTION 160.02, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 1 06.3, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (a) AND (c), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING CHAPTER 161, "PLUMBING CODE", SECTION 161.02, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 113.4, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (a) AND (c), 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 164, "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 155.18, "PERMIT FEES", SUBSECTIONS (A) AND (C), 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 (C) (1) (a), 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 (A), 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: ,Lf Section 1. That Title XV, "Building Regulations", Chapter 150, "Building Regulations", "Moving Buildings", Section l50.062, "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 $JflIliSflI $3l7.60, which fee shall be nonrefundable. Section 2. That Title XV, "Building Regulations", Chapter 150, "Building Regulations", "Building Code", Section 150.0l6, "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 addi tions, 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: l. Building 2. Electric 3. Plumbing 4. Mechanical 5. Roof B. Single permit fee for the above will be: 1. Minimum fee: HiUg $38.10 plus $l7iifll $18.50 per required inspection. Total valuation: $l,OOO or less. 2. Construction over $1,000 of value: The fee shall be $36130 $38.10 plus $t21tfll $12.70 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: building 1. Minimum fee: $2$ Ug $26.55 plus $l7iifll $l8.50 per required inspection. Total valuation: $1,000 or less. - 2 - Ord. No. 59-89 2. Construction over $1,000 of value: The fee shall be $~$iZ0 $26.55 plus $aia0 $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: 1. Sitework 2. Structural pest control 3. Underground fuel tanks 4. General construction 5. Subcontracts for general construction B. Minimum fee: U,i1rJ $38.10 plus 'Z7/'0 $18.50 per required inspection. Total valuation: $1,000 or less. C. Construction over $1,000 of value: The fee shall be 'lii1rJ $38.10 plus '2412rJ $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 'Z21Z0 $l2~70 per $1,000 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 108.2(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 moving of structure, the fee $317.60. any building or shall be 'Z02i1l0 VI. Permit for demolition of building or structure. For the demolition of any building or structure, the fee shall be "0i1l0 $63.50. - 3 - Ord. No. 59-89 IX. Certificate of occupancy. (l) For the issuance of an additional certificate of occupancy, the fee shall be $~~'!0 $63.50. (2) For the issuance of a temporary certificate of occupancy, the fee shall be $!~~'!0 $629.50. Section 3. That Title XV, "Building Regulations", Chapter l57, "Gas Code", Section l57.02, "Amendments and Addi- tions to Code", Subsection 1l3.4, "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 '1"'1} $38.l0 for $l,OOO.OO or less in construc- tion value plus $11'~0 $18.50 per required inspection. The fee shall be '3"'~ $38.10 plus 'Z'/Z~ $25.40 for each additional $l,OOO.OO of construction value over $l,OOO.OO 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 l08.2(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 Additions to Code", Subsection 106.3, "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 '1ii1fl $38.10 for $1,000.00 or less in construc- tion value plus $1"'0 $18.50 per required inspection. The fee shall be '3"3rl $38.10 plus 'Z./Zrl $25.40 for each additional $l,OOO.OO of construction value over $l,OOO.OO 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 HUH $l2.70 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 l08.2(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 l6l, "Plumbing Code", Section l61.02, "Amendments and Additions to Code", Subsection ll3.4, "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 '1111rJ $38.l0 for $1,000.00 or less in construc- tion value plus $J1i60 $l8.50 per required inspection. The fee shall be '~6i~rJ $38.10 plus 'l.ilrJ $25.40 for each additional $l,OOO.OO of construction value over $l,OOO.OO 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 HUH $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 "0iSrJ $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 UDiU $63.50; and a permit fee for a sprinkler system, minimum, shall be 'S0iJ0 $63.50; plus 'X2/I0 $l2.70 per $1,000.00 of construction costs above $1,000.00. Section 8. That Title XV, "Building Regulations", Chapter l55, "Electricity", "Permits and Inspections", Section 155.l8, "Permit Fees", Subsections (AI 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 Hi /1rJ $38.l0 for $1,000 or less in construction value plus $1'iS0 $l8.50 per required inspection. The fee shall be USHrJ $38.10 plus '21120 $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. (1) The permit fee shall be based on 'X2/I0 $l2.70 per $1,000 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 Uf,H0 $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 (CI (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: (C) Building Department. (1) Permit to erect and dismantle struc- ture. (a) Permit fee of $771grJ $57.75. - 6 - Ord. No. 59-89 Section 10. That Title XV, "Building Regulations", Chapter l59, "Landscaping", "Tree and Shrub Removal and Protec- tion", Section 159.5l, "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 sh'all be paid to the Building Department a permit fee of 'X6/,g $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 - lO 11 - 20 Over 20 'I' $ 5.25 U $10.50 1.5 $15.75 1.5 $26.25 Z'/;1~8/JI/f~t/eai* U.di'tUia llaite $26.25 plus $l.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. T~e 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 'Xigg $1.50 per square foot of sign face. (2) Electrical signs shall be calculated on the basis of JI/aa $l.50 per square foot of sign face plus $10.00. Section l2. 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 13. That this ordinance shall become effective on October l, 1989. PASSED AND ADOPTED in regular final reading on this the day of session on second and , 1989. MAYOR 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 101 "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 .ii5~5e $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. 1, 1989. Section 3. That this ordinance shall become effective October PASSED AND ADOPTED in regular reading on this the day of session on second and , 1989. final MAY 0 R ATTEST: City Clerk First Reading Second Reading \S . M E M 0 RAN DUM TO: Malcolm Inte,.-im FROM: LIJ) L Robert '-W'Acting DATE: August T. Bi,.-d City Manage,.- E. Savage Di,.-ecto,.- of Public Wo,.-ks 29, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - 1219-12-1989 RECYCLING ORDINANCE - "TAMPERING WITH RECYCLING MATERIALS, BINS OF: CDNTAlNERS". Ac t4",on City Commission Title V, "PLlblic heading "Special is ,.-eguested to app,.-ove an o,.-dinance amending llJoI"" ksII ~ Chapter- 51 ~ "Garbage and Tl'"dShll.~ sub- Refuse Disposal Problems/I. !;<"-cLgr_q~lng_ The Citv has been conducting a pilot curbside recycling p,.-og,.-am wh~ch began in Ap,.-il and will evolve into a City w~de p,.-og,.-am commencing Dctobe,.- 1, 1989. Du,.-ing the cou,.-se 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 teinq picked up by our contractor. Our contractual agreemerlt irldicates that all recyclable materials placed in the bir15 are the proper tv of the City. It also addresses the responsibility for the r-ecycling bins. Thi-:? enactment (Jf an ordinancf:'? ~~,il.l legitlmi~~F~ the City 5 claim to the materials and ma~~e it ur'llawful to tamper with either the containers or th~ir contents. H.~,~..9.f.!lmeJl9..~ij._qDM Staff recommends approval of the Ordinance R\akir\g it unlawful for any unauthorized person or agent to remove artic:les or- otherwise disturb materia,ls irl the City 5 rec:vclir,q birls. f~E'~; / t"-t-'?~; l , . ('RDINANCE NO. 64-89 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 SC (SPECIALIZED COMMERCIAL) DISTRICT; SAID LAND BEING LOTS 43, 44, 45 AND 46 (LESS THE SOUTH 23.00 FEET THEREOF), AND ALL OF LOTS 27, 28, 29 AND 30, SANDS 0' SEA, TOGETHER WITH THAT PART OF THE RIGHT-OF-WAY FOR PRINCESS BOULEVARD AS SHOWN ON THE PLAT OF SANDS O'SEA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND S.W. 10TH AVENUE, IF EXTENDED NORTHWARD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the SC (Specialized Commercial) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Lots 43, 44, 45 and 46 (less the South 23.00 feet thereof), and all of Lots 27, 28, 29 and 30, SANDS O'SEA, according to the Plat thereof recorded in Plat Book 21 at Page 27 of the Public Records of Palm Beach County, Florida; together with, That part of the right-of-way for Princess Boulevard as shown on the Plat of SANDS O'SEA, according to the Plat thereof recorded in Plat Book 21 at Page 27 of the Public Records of Palm Beach County, Florida, and abandoned by Resolution No. 93-85, described as follows: Begin at the Northeast corner of Lot 43 of said Plat of SANDS 0' SEA; thence West, along the North line of Lots 43 through 46, inclusive, 400.00 feet to the Northwest corner of said Lot 46; thence N 2 degrees 17' 53" E, 50.04 feet to the Southwest corner of Lot 27; thence East, along the South line of Lots 27 through 30, inclusive, 400.00 feet to the Southeast corner of said Lot 30; thence S 2 degrees 17' 53" W, 50.04 feet to the said Point of Beginning. The subject property is located at the northwest corner of Linton Boulevard and S.W. 10th Avenue, if extended northward. The above described parcel contains a 2.572 acre parcel of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provi- sions of Section 1 hereof. cQo Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the Same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED final reading on this the in regular session on day of second and , 1989. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 64-89 ORDINANCE NO. 65-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1A (SINGLE FAMILY DWELLING) DISTRICT IN SC (SPECIALIZED COMMERCIAL) DISTRICT; SAID LAND BEING LOTS 6 THROUGH 15, INCLUSIVE, SANDS O'SEA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED NORTH OF LINTON BOULEVARD, BETWEEN S.W. 10TH AVENUE AND GERMANTOWN ROAD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the SC (Specialized Commercial) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Lots 6, 7, 8, 9, 10, 11, 12, 13, 14 and l5, SANDS O'SEA, Delray Beach, Palm Beach County, Florida, according to the Plat thereof as recorded in Plat Book 21 at Page 27 of the Public Records of Palm Beach County, Florida. The subject property is Linton Boulevard, between and Germantown Road. located north of S.W. 10th Avenue The above described parcel contains a 2.43 acre parcel of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provi- sions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED final reading on this the in regular session on day of second and , 1989. ATTEST: MAY 0 R City Clerk First Reading Se cond Reading ~l ORDINANCE NO. 65-89 il I I jl , AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1A (SINGLE FAMILY DWELLING) DISTRICT IN SC (SPECIALIZED COMMERCIAL) DISTRICT; SAID LAND BEING LOTS 6 THROUGH 15, INCLUSIVE, SANDS O'SEA, TOGETHER WITH THAT PART OF THE RIGHT-OF-WAY FOR QUEENS AVENUE AS SHOWN ON THE PLAT OF SANDS O'SEA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2l AT PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED NORTH OF LINTON BOULEVARD, BETWEEN S.W. 10TH AVENUE AND GERMANTOWN ROAD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1983" ; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. ,I I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the SC (Specialized Commercial) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Lots 6, 7, 8, 9, 10, ll, 12, 13, 14 and l5, SANDS O'SEA, Delray Beach, Palm Beach County, Florida, according to the Plat thereof as recorded in Plat Book 21 at Page 27 of the Public Records of Palm Beach County, Florida; together with, That part of the right-of-way for Queens Avenue as shown on the Plat of SANDS O'SEA, according to the Plat thereof as recorded in Plat Book 21 at Page 27 of the Public Records of Palm Beach County, Florida, described as follows: Begin at the Southwest corner of Lot 6 of said Plat of SANDS 0 I SEA; thence Easterly, along the South line of Lots 6 through 10, inclusive, 375.00 feet to the Southeast corner of said Lot 10; thence Southerly, along the Southerly extension of the East line of the said Lot lO, 50.04 feet to the Northeast corner of Lot 1l; thence Westerly along the North line of Lots 11 through 15, inclusive, 375.00 feet to the Northwest corner of said Lot 15; thence Northerly, along the Northerly extension of the West line of said Lot 15, 50.04 feet to the said Point of Beginning. The subject property is Linton Boulevard, between and Germantown Road. located north of S.W. 10th Avenue The above described parcel contains a 2.867 acre parcel of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provi- sions of Section 1 hereof. ~l Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective on November l, 1989. PASSED AND ADOPTED final reading on this the in regular day of session on second and , 1989. MAY 0 R ATTEST: City Clerk First Reading Second Reading , ,i 'I I :1 I I i I i I I I ,I - 2 - Ord. No. 65-89 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~~ A';~CIZ~ASSI:ANT FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP CITY MANAGER VIA: ~~V~, D ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF SEPTEMBER 26, 1989 CONSIDERATION ON FIRST READING OF TWO ORDINANCES ENACTING REZONINGS FOR EXPANSION OF WALLACE AUTO DEALERSHIPS ALONG LINTON BOULEVARD ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of enacting ordinances for land which is involved in a proposed expansion of the Wallace Automobile Dealerships on Linton Boulevard. Second reading and public hearing will be held on October 10, 1989. One area is currently zoned POC and is located at the intersection of Linton Boulevard and a northerly extension of SW lOth Avenue; the other is currently zoned R-lA and is immediately north of the POC area. BACKGROUND: These rezonings involve, 5.5 acres of land. It is intended that upon finalization of the rezoning, the property will be included in an expansion and revision of existing and proposed aspects of the Wallace Automobile Dealerships on adjacent property. A major modification to the existing approvals was recommended for approval by the Planning and Zoning Board relative to this expansion; however, that action will not be before the Commission until the rezoning is consummated. There are no unusual aspects to this request. It is consistent with the current and proposed Comprehensive Plan and it is not inconsistent with pOlicy statements dealing with the location of automobile related uses. Please see the P&Z Staff Report for full background and analysis of the item. PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of September 18, 1989, the Planning and Zoning Board unanimously recommended approval of the proposed rezonings. There was no public comment. RECOMMENDED ACTION: By motion, based upon the findings made by the Planning and Zoning Board, approve the enacting ordinances on first reading and set a public hearing date of October lO, 1989, for second reading. face sheet of P&Z staff report map of the areas to be rezoned rJO -;2( Attachments: /-'LANN I NG 8 CITy OF OELRAY ?rJNING BOARD BEACH STAFF REPORT MEETING ~TE: SeDtember 18, 1989 AGEI'O=I I TEH: III. A ITEM: nin from poe and R-1A to Linton Boulevard at S.W. 10th Avenue Exten .... e (Wallace Dealerships) along Linton S. . " , ..~ i \ <'< I"'~ ~ ~~ ~ :0 , .' -'1;'1"'O.H. GENERAL -.._- DATA: Owner...........................Wllll.. L. Wallace. President Wallaee Ford, Inc. And Wallace Dadq_, Inc. Agent...........................M1Ch..l S. Weiner, Esq. Loc.tion........................Northwe.t COrner of Linton 8lvd. and S.w. 10th Ave., if extended northward. Property 51&e...................5.44 Acres 1236.875 Sq.tt.J Ex1stiD9 Land U.. Pl.n..........c (Commercial) PropoSed Land Use Pl.n..........o.n.r.l COMmercial (Comprehensive Plan) EXisting Zon1n9........~........POC (Planned Office Center) and . R-U. ISln9le-FUlUy Owellin9 . District) .. " PropoSed Zoninq.................sc (Specialized Commerciall Adjacent Zoninq.................NOrth &nd welt of the Subject property il zoned sc. South is zoned GC (General Commerciall and east 1s zoned RM-15 (Hultiple- Family Dwellin; District). EX1Stin; Land Use.............. .Vacant land ProPOsed Land Use.. .............Automobile Dealership Water s.rvlee...................Exl.t.1n; 10" main located alon9 the South side of Linton BlVd. and an existing 10" main along the east side of Germantown Road. Sewer servlce...................EXlstin; 8" malns located west of the subject property and a force maIn exists on-site along Queens Ave. r TEM : JZl.1? ... ! J 'i j " -, , :t 'f \ I I \ \ , \ I ! I / . .1..... .MI'~. C-~:fali '''--.~::. ~"''''''aJ.. ..::::_ . . · . ,'.1' fRI\{;......., ,',.r :.if.L8 /' ~:. . . '-.. - - ~m &'>'....l- :: . TpTEN i '0,,' .. ' \ .",,;::: . · L ~::. . &DO. 8'8 .,".......: . I P- TEN ..... P.82"f"'o... _ , --/" ,rilL. ~ ........ , '.... ' .... ".'M ~....,.. I -......... /i>olA... "".,L . .. ...:.. ...- -...::::. - ....:... ~ ' 'L " ' '..... )1\4 RIlRK'TEN THIAO AD" .',:;:: J J I ~ . ~I " : I~. . YY1' ,~ ....63 . ',. '-rgr". ,,-1....-=. 'i'-:" '". " ~ '~I , '. r--r :; - "" . , , ~ '.J", L. i . , J :::::.. '-....:: . -; . /C . .... . ~ " .. ..' _ '" '--1-- ~~ , .. ~ . 'I~," 1:,1.1: ...- ~,., '," III " ...... . 'U; ~i.~')( ',I>'~ ~~ --, CI ' :.:", . CllAoo" . .. '" ~. '-.. / .,.... 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' , RA :l' CT I "0' ,_____ 'JI I s~ ~ ~(f C. ..,~.CT , lOT nr l.lVf: . ~~ ~ \ t ~ ~ , \.~r .:. / ORDINANCE NO. 66-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH FIFTEEN (15) PARCELS OF LAND LYING AND BEING IN SECTION l3, 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 AT THE NORTHEAST CORNER OF WEST ATLANTIC AVENUE AND MILITARY TRAIL, AND ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN WHATLEY ROAD AND BARWICK ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT, IN PART, POC (PLANNED OFFICE CENTER) DISTRICT, IN PART, AND ACT (AGRICUL- TURAL COMMERCIAL TRANSITIONAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Neil E. MacMillan and Nellie M. MacMillan, as tenants in common, are the fee simple owners of the East Half (E 1/2) of the Northwest Quarter (NW l/4) of the Southeast Quarter (SE l/4) of the Southwest Quarter (SW l/4) of Section l3, Town- ship 46 South, Range 42 East, Palm Beach County, Florida; Consol- idated Capital is the fee simple owner of the West Half (W l/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW l/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; Danilo Giamberini, a married man, is the fee simple owner of Lots 8 and 9, Country Club Acres, according to the Plat thereof as recorded in Plat Book 24 at Page lO of the Public Records of Palm Beach County, Florida; New Rochelle Plaza is the fee simple owner of the East 100 feet of the West Quarter (W 1/4) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4), less the North 753 feet thereof, of Section l3, Township 46 South, Range 42 East, Palm Beach County, Florida; Delray Office Plaza Associ- ates is the fee simple owner of the West 230 feet of the North 448.67 feet (less the North 60 feet canal right-of-way) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section l3, Township 46 South, Range 42 East, Palm Beach County, Florida; Provestco Inc. is the fee simple owner of the West 230 feet of the South 875.06 feet of the Northeast Quarter (NE l/4) of the Southwest Quarter (SW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; Jafto Manage- ment Co. is the fee simple owner of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW l/4), less the West 340.32 feet of the North 348.78 feet of the South 6l2.79 feet, the West 204.23 feet of the East 897.26 feet of the South 217.00 feet, the Easterly 201.00 feet of the South 230.00 feet lying north of State Road 806, and Parcels in OR242 P108, OR2203 P97, OR3675 P1667, and OR374l P179, of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; First Alliance Church of the Christian and Missionary Alliance of Delray Beach, Inc. is the fee simple owner the West 340. 32 feet of the North 348.78 feet of the Southwest Quarter (SW 1/4), less the North l73.74 feet of the West 200 feet, Military Trail right-of-way, and additional road right-of-way in OR3220 Pl010, of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; Marriott Family Restaurants, Inc. is the fee simple owner of a rectangular shaped parcel in the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) as in OR3761 P725, of Section 13, Township 46 :?R South, Range 42 East, Palm Beach County, Florida; Jafto Manage- ment Co. is the fee simple owner of the Easterly 201 feet of the South 230 feet of that part of the Northwest Quarter (NW l/4) of the Southwest Quarter (SW 1/4) lying North of State Road 806 (less OR3761 P725) of Section l3, Township 46 South, Range 42 East, Palm Beach County, Florida; Hess Realty Corp. is the fee simple owner of the North 173.74 feet of the West 200 feet of the North Half (N l/2) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) (less westerly 4l.02 feet road right-of-way as in 0R2825 P34) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; First Federal Savings and Loan Association is the fee simple owner of the West 448.2 feet of the South 241 feet of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) as in 0R242 P108 and OR2203 P97 (less State Road 809 and 806 rights-of-way) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; Atlantic National Bank of Florida is the fee simple owner of the West 204.23 feet of the East 897.26 feet of the South 217 feet of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) lying north of State Road 806 (known as Tract Marked Reserved), of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; and Delray Square Shopping Center Associates is the fee simple owner of an irregular shaped parcel in the Northwest Quarter (NW l/4) of the Southwest Quarter (SW 1/4) as in OR4892 P324 (less the Westerly 78 feet State Road 809 road right-of-way) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; 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 171.044 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: PARCEL "A" The Northwest Quarter (NW 1/4) of the South- west Quarter (SW 1/4) (LESS an irregular shaped parcel in OR4826 P1459 and less the Westerly 78.04 feet State Road 809 right-of-way) of Section l3, Township 46 South, Range 42 East, Palm Beach County, Florida; together with, - 2 - Ord. No. 66-89 Lots 8 and 9, COUNTRY CLUB ACRES, according to the Plat thereof as recorded in Plat Book 24 at Page lO of the Public Records of Palm Beach County, Florida. PARCEL "B" The West 230 feet of the Northeast Quarter (NE l/4) of the Southwest Quarter (SW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; together with, The East lOO feet of the West Quarter (W l/4) of the Northeast Quarter (NE l/4) of the Southwest Quarter (SW l/4), less the North 753 feet, of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; together with, All of the Plat and abandoned roads within REGINA PARK (less the West 95 feet of the North 34 feet of Lot 23, all of Lots 25 and 26 and the North 27 feet State Road 806 right-of-way), according to the Plat thereof as recorded in Plat Book l3 at Page 79 of the Public Records of Palm Beach County, Florida; together with, The West Half (W 1/2) of the Northwest Quarter (NW l/4) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) (LESS the West 15 feet and North 47 feet road right-of-way) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida. PARCEL "C" The West 95 feet of the North 34 feet of Lot 23 and Lots 25 and 26 (less the North 27 feet State Road 806 right-of-way), REGINA PARK, according to the Plat thereof as recorded in Plat Book 13 at Page 79 of the Public Records of Palm Beach County, Florida. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are 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 as Parcel "A" is hereby declared to be in Zoning District GC (Gener- al Commercial) as defined by existing ordinances of the City of Delray Beach, Florida. Section 4. 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 as Parcel "B" is hereby declared to be in Zoning District POC (Planned Office Center) as defined by existing ordinances of the City of Delray Beach, Florida. - 3 - Ord. No. 66-89 ,/ ~ Section 5. That Section l73.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "C" is hereby declared to be in Zoning District ACT (Agricultural Commercial Transitional) as defined by existing ordinances of the City of Delray Beach, Florida. Section 6. 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 7. 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 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. 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 10. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED final reading on this the in regular day of session on second and , 1989. MAYOR ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No. 66-89 II 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 l73.886 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 GC (General Commercial) 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- bili ty 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. " ! I I I , , I 'i I' I , Section 8. That this ordinance shall become effective ori December 1, 1989. PASSED AND ADOPTED final reading on this the in regular day of session on second and , 1989. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 67-89 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ROBERT A. BARCINStj, ASSISTANT CITY MANAGER ~ /? _~a ---... FRANK R. SPENCE, DIRECTOR (\~Ek: GROU' ~ J. KOVACS, DIR~ DEPARTMENT OF PLANNING AND ZONING V1A: FROM: SUBJECT: MEETING OF SEPTEMBER 26, 1989 CONSIDERATION ON FIRST READING OF WEST ATLANTIC ANNEXATION #l ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval on first reading of the enacting ordinance annexation. Second reading and public hearing will on October 24, 1989. that of for this be held BACKGROUND: This annexation involves 56 acres of land and 16 parcels of mostly developed property. Fifteen of the parcels are being annexed pursuant to terms of previously executed water service agreements. One parcel has joined the project through a vOluntary, no fee, application. The entire area is 'served or adjacent to municipal water and sewer systems. No public improvements are necessary. Additional demands will be placed upon EMS and law enforcement services. There are no residences involved in this annexation. Based upon the 1988 assessed value roles, these properties will add $l42,741 to next year's property tax revenue. For the most part, the proposed zoning corresponds to eXisting land use plans and existing land use; however some property will becom~ nonconforming and some property will be down-zoned in order to conform with the proposed Future Land Use Map (and current land use map). Since the Pharmore Store is currently under construction, an effective date of December l, 1989, is recommended; thus avoiding problems with respect to completion of inspections on the shell building and major tenant. Please see the P&Z Staff Report for full background and analysis of the item. PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of September 18, 1989, the Planning and Zoning Board unanimously recommended approval of the proposed annexation and initial zonings. There was no public comment. RECOMMENDED ACTION: By motion, based upon the findings of the Planning and Zoning Board, approve the enacting ordinance on first reading and set a public hearing date of October 24, 1989, for second reading. Attachments: face sheet of P&Z staff report ,,~ map with proposed zonings of the annexation area ~ --tIC;:) \ PLANNING & ZONING CITY OF OELRAY BOARD BEACH STAFF REPORT MEETING ~TE: September 18, 1989 AGEtQ:I ITEM: III-C ITEM: Annexation for Properties Located on West Atlantic Avenue I I " I I I I 707 -UO" 701 -:aAC. 1111111 111111I1111111111111 ~mmwmmm~ !~Eiii~11~1;!!!!!:~I .!. ~ljl~I~~I~II~~!!tlll~ I t.....l.....~:.)litl:JIM.:::....I.".... ..r..I..:........'................ ...........H .... :I: WEST ATLANTIC 11I_ ~ . - 709 I."'" ~ . ..... ,~i~~~~111;~ :::::(:::::::::::::::: ...................... ...................... ...................... ...................... ...................... gmImHHmm~g SHERWOOD GOLF COURSE . ..... ~ - GENERAL DATA: (See Next Pn~e) I TEM: II I-C .:~ ... 'I .; ~ t .. . "!';t &..L -. . ' :,'~~ _ . ~i.':trU · ]~. ~~;' ,~;~ ,v~~~ t[" l: 4.'~'~::''':.i.;;,"'\, .' .r~' '~":--",,..,.,',.. ,,~,~,.. . ...~ J I. ;t:"lf.'''", '~ ".. ~ ~, .. (~.'I"io"I' "',t",. _" ~.'" ',' '. ' I "."t. ij:l~_. .. _ ~. C ',;,,; ,t':;',. , '''lCC'ltJio' _:'" '" J " , . '. r . ;j , flrt"t'. } .. ~ ' ~....... ~ . : J . " , ,~. ,.. 1',' k .-. .."'I:~'J',"I' 'A I - 'r I p.: w:",(l.,{... , ~.. J . "...'V::~~~":",,, _fl_J~'~ ...,._,~.~ .~.' _. :":'._._ :~ ~ ': ~ 17.~h il.~:~~~1t~~:1:ii~,~~.:Y ~. ~~::;)~;. .. , ri'" .. . ..', .... T '. ," , , -""'" .. ~ I..~".." ,"' , :: ,/ i .'." 'f -~ '1 .~. . , 'f I ,-~ .,. ... ~ .. ....',. 1 .....- - -.., r ~;) 'I " .JJ ; [ITV DF DELIA' BEA[H 100 N.W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 h' ~ /' r-~-1...,..;::7 tJ-d/7 PROCL-B1A ]'J()J' WHEREAS, the Charter of the City of Delray 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.E. 2nd Street, west of N.E. 7th Avenue and east of N.B. 2nd Avenue, southward of current Downtown Development 1>.uthority area to include those properties lying North of S.E. 2nd Street, east of S.E. lst Avenue, and west of S.E. 7th Avenue to be added to the jl~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 , DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby call a Special Election for such purposes to be held on Tuesday, October l7, 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 l75 AND l89 WILL VOTE AT THE FOLLOWING LOCATION: Polling Place Adult Recreation Center, 80l N.E. lst 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 September, 1989. Beach, Florida, on this _~6th day of oo~~~~~r, Mayor RESOLUTION NO. 56-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING AND PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON OCTOBER 17, 1989, CONCERNING WHETHER AMENDMENTS SHOULD BE MADE TO THE DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT (CHAPTER 71-604, LAWS OF FLORIDA AS AMENDED). WHEREAS, Section 5.07 of the Charter of the City of Delray Beach and Section 34.03 of the Code of Ordinances of the City of Delray Beach sets forth procedures for the calling of special elections; and, WHEREAS, this resolution shall serve as notice of such special election, . t .1 I , I WHEREAS, Chapter 89-477, Laws of Florida, authorized certain amendment to be made to the legislation pertaining to the Downtown Development Authority; and, 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 1. That a referendum election is hereby ordered to be held in the City of Delray Beach, Florida, on October 17, 1989 to determine whether the amendment to the Delray Beach Downtown Development Authority Act (Chapter 71-604 Laws of Florida, as 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 location be as determined by the Supervisor of Elections for Palm Beach County, Florida, and all qualified electors of the City who vote in said election shall vote at said designated polling place. The polls shall be open on the date of said referendum election from seven o'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 De1ray 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, with 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 referendum 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 to be published in the Delray Beach News, two times, once each week prior to the week of the special election. The City Clerk shall secure from the publisher of said newspaper an appropriate affidavit of proof that said resolution has been du~y published as herein set forth, and said affidavits shall be made a part of the record of the City Commission. Section 4. That the vote at said referendum election shall be by use of voting machine, the type which has been used in recent City elections, and in the polling place shall have at least one voting machine. Section 5. The question to be submitted to the electors at said election shall be substantially as follows: , I I An Amendment to the "De1ray Beach Downtown Development Authority Act" (Chapter 71-604, Laws of Florida (HB 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.E. 2nd Street, West of N. E. 7th Avenue and East of N. E. 2nd Avenue, southward of the current Downtown Development Authority area to include those properties lying North of S.E. 2nd Street, East of S.E. 1st Avenue and ~lest of S.E. 7th Avenue, said geographic boundaries being as more particularly described in Chapter 89-477, Laws of Florida (HB 850). II SHALL THE ABOVE-DESCRIBED AMENDMENT TO THE "DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT" BE ADOPTED? FOR APPROVAL AGAINST APPROVAL Section 6. That the returns of the referendum shall be canvassed and certified 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 De1ray Beach Downtown Development Authority area. A certified copy of such list shall be furnished to the Inspectors 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. held and conducted State of Florida. That said election shall in all other respects be in the manner provided in and by the laws of the Section 9. That this resolution shall take effect in the manner provided by law. PASSED AND ADOPTED in regular session on this the 26th day of September, 1989. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 56-89 --AUG 24 '89 , t'\ Y -- " .,' 1 2 3 4 5 6 7 . 9 10 11 12 11 14 16:43904/877-1000 CARSOI'i&LHil'I.O'; FU --""" H~ 8' S C) _ V MAR I 6 /Sag P.2 CHAPTER 89 - 411 208-11'-'-' A bLll to bl Int1tll~ An acc rlllcin; Co chi Ollray Ilach Cowntcwn OI.eloP3lnt Authority, Palm leach countYI a.endint chaptlr 71-604, Law. of !loridl, .. amend.d, I.p.ndln; Chi downtown dlv.1opment authority .rl. dl.cription to includl propartlea aaetw.rd of the Incraco.acal WaCerval, northward of ourrent downtown dlvelopmant authoricy area to includ. those propertLea lyin9 IQuth 01 N.W. 2nd icr.ec, ~aat 01 .... 7th A.enua .nd W..t of N.E. 2nd AVlnue, aouthwar4 of tha currane Downtown Clvalopman. Authorlty are. to includa thoae propartL.. lyin9 .orth 01 I.E. 2n4 Itr.at, ~alt of I.E. lot Avanue, and "at 01 I.E. 7th Avanue, all auoh proplrtiaa lyln9 wlChin the municipIl boundariaa ot tha CltY'Ol Oalray I.ach, ~ provid!h9 tor a rl'arandijM. 15 11 17 11 11 20 la It Enactad by tha Latialatura 01 tho Stata 01 'lorida. n 22 laction. 1. Sactlon 3 01 chapter 71-604, Law. of 23 'lorida, ae ...ndad, ia a.endad to reld. 24 . lection 3. CONN!OWN AREA DESCRIPTION - Thl Downtown Il.btc ~.4 1.. 1.7 1.' 1.' 1.10 1.11 1.12 1.lnc 1.12 1.13 1.13 25 ate. lncludea all landt lyln9 wichln boundariea da.cribe4 a.. 1.14 U 27 28 21 30 31 Commencin9 at a point on tho interaaocicn of the hi;h water mark of tha Atlanclc Ocean and tha .a..etly projlctlon 01 the North line of Lot 13, P.1m aeach Shore Acrl. ,a. 1n Pllt aOOK 7, pl;e 38l, thlnel In I wa.tarly direction 1 1.U 1,l6 COPING. Worda a.rickln are dlletlona, worda undl:llnad arl addltionl. ~~ -tc AQ.6ft-.1 i BY" I . AUG 24 '89 16: 4:; '304, 377-1000 ',:HRSOi'~&LHj~'l, F'''; 11 12 13 14 15 U 17 11 11 20 21 22 23 24 as ,. 27 28 2a 30 31 ~) P.3 20'-134-2-' 1 , 3 4 alon, lai4 East.rly prOj.Ctlon to en. W.lt rl,ht-ot-way lln. ot An4rlwI Av.n~e: eh.nc. Southerly to tn. ~ascerly proj.ction of thO .in. 135' north of th. louth 11n. of Ilock 154, Town of ~.lray (torm.rly Linton). thene. W..e.rly Ilon9 e.i4 projection a 41..anoo of 170.0" to a point' th.noe No.th.rly eo th. lo~eh 11n. of Lot 4 ot BLOCk 154: eh.ne. w..t.rly .lon, laid .o~eh lin. eo th. .a.e ,l.t limie ot S..br.... Pa.k .~bdlvi.ion (a. In 'lat lOOk 4, ,.,. 31), thence noreh .10n, ..14 .alt 'l.e limit to th. loueh.alt cornor ot Lot 21, S.abre... '.rk, thenc. w..elrly .lon, th. .outh 11n. of Lot 21 and w..t.rly proj.ctlon eh.r.ol to eh. W.lt plat limit ot S..br.... 'ark, thIne. .o~th.rly alon, laid w.lt plat I1mle eo th. lo~eh..'t oorner ot Lot 29, Lowry .ark ----... Eltate~ ('lat look 24, ..,1 155): th.nol In a Northwl.t.rly dirlction to thl .o~thwe't corn.r of l.i4 Lot 291 th.no. contln~in, alon, ,.id 11n. to the Int.rl.otlon ot .ald lin. with th. Ne.t ri,ht-ot-way I1no ot EA.t Road (Lowry 'ark E.t.t.l, look 24, p.,. 155, ot tho '~bl1c . R.cordl of '.lm B..ch Co~nty, Flor14.), thence southW..t.fly .10n, ..1d we.t ri,ht-of-w.y line to the lnt.r..otlen ot ..i4 curv. with th. W..t 11n. ot l.i4 rlght-ot-w.y; th.nce So~thward .lon, ..1d W..t rLght-ot-way I1n. .nd It. projectLon SOuthward to i.1 Lnt.r..ction with thl North right-of-way 11n. of E..t Atlantlc Aven~.: th.nc. westerly alon, sa14 right-of-way 2 I 11,33 il.18 1.U 5 , 7 . . 1.20 1.21 1.22 10 1.23 1.24 1.2' 1.21 1.27 1.21 1.30 1.31 1.32 CCOIRQI Words se.tekln are 4.1atlon" wor4. ~ndtrlint~ art Idditlon.. AUG 2~ ';39 16:44 .~i~4,'877-10C0,:rlRSCtCl....Ird~,PH FL) 1 2 3 4 5 5 7 8 !I 10 11 12 13 14 15 15 17 11 1!I 20 21 22 Z3 24 25 24 27 28 2' 30 Jl P,4 201.U4-3.. line 01 ealt Atlantlc AVlnue '0 til.l wel' rli1ht- Ol-way 11ne of the IntrlCOlltal waterway, al now conatruetld and in USI, thlnce Northerly Ilona the Wel' rli1h.-ol-way 11nl 01 the Intrlcoaltal Waterway to a polnt, aald polnt beln9 thl Ealtlrly projlctlon 01 til.l North 11ne 01 Ilook 132 (Town of 011 ray ,'or.lrly ~lntonl a. In .llt Book l, paae 25)1 thlnCI Wllt.rly Ilona thl Ilaterly projlotlon 01 til.l NOrth I1n. 01 .ald Ilock 132 Ind contlnuln, ln a W..t.rly dlreotlon Ilona the North lln.. of l1oak. 124, (aa ln 'la. lOOk la, p",e !ll) to the north...t oornlr 01 ~ot 12, Block 115 (a. ln .11t look 1, Plill 3)1 th.nel wI.'"rly 110n, the north lot l1n. of .ald ~ot 12 to thl north"e't oorn.r 0' ~ot 12, thlncl northerly to the .outh"..t oorn.r of ~ot 20, IIOCk 115 ,a. ln Pllt 800k 1. __......p.,. 31 r.. thlnol northlrly alon, the ....t lot llnl, Ind northlrly projlotlon thlrlof, of a81d Lot 20 to the aouth rl,ht-Of-,,"y 11n. 0' N.I. 2nd Str.lt, thlnc. wI.tlrly alon, the ,outh rl,ht-of-way lln. of N.I. 2nd 'tr..t to the north....t oornlr of ~ot " 8loCk 83 (a. ln .11t look 1, pliI. 311 thlnc. ,outh.rly 810n9 the "".t lot 11n. .nd aoutherly proj.ctlon th.reof, of Lot !I to thl aouth....t eorn.r of Lot 14, 110Ck 83, thine I wI'tlrly to til.l north.a.t cornlr of Lot 7, Block 83/ thlnc. w..t 810na thl north lot llnl 01 ~ot 7, 110ck 83 to til.l la.t rlaht-of-wlY llne of N.I. 2nd Av.nuII thIne. .outhlrly Ilona the 1.lt rlane-ot-way J 1. 34 1.3! 1. 3. 1.37 1.38 1. J!I 1.40 1.42 1.43 1.45 1.46 1. 48 loCi 1. 50 CODING, Word. ...tlkl. are delltlonl; word. undlrlinld arl Iddltion.. l . .. , AUG 24 '89 16:..;S ;~J~'377'-100D '~;'PSIJ~&LI:lr;.PH "p.s 13 14 15 16 11 11 11 20 21 22 23 24 Z5 25 21 2B 2i 30 31 ;-~j 208-134-3-1 1 2 3 4 5 6 7 8 9 10 11 Hn. ot N.E. 2nd Av.nu. to the .oueh .ight-ot- way line of N.E. lae se.aat, th.no. waaterly along the aouth .ight-ot-way line of N.I. lat St..et to its point of lntaraection with the Ee.t line ot Swinton Aven~e a. now laid out and in u.e, th.nca Southe.ly along the E.at 11n. of Swinton Avenu. to a point where it lnt.ra.cte with ehe Southw.at corn.r of tOt S, 110ck S' (aa in Pl.t lOOk 1, pat. 3), eh.nOe la.t.rly elong the SOuth line ot a.ld tOt Sand Lota 5, 4, 3, 2. 1 to eh. w..t right-of-w.y line ot S.E. lat Av.nu., th.nce South.:ly along the w..t ri,he-ot-w.y ot '.E. lae Avanu. eo a point of lne.ra.ction wieh eh. noreh ri9ht-ot-..y 11ne ot '.E. lat 8ere.t, thence ea.terly alon, the north r19ht-ot-.ay lin. ot S.I. lat 8tre.t ~ to the .~outheaat corn.r ot Lot 12, 1100k 77 (a. in .1at look 1, pat. 3), ehence .outh.rly .10n9 the ea.t lot line ot .aid Lot 1 .nd Loti 2, 3, 4, 5, S, 1, and 8 eo the ,north r19ht-ot-way line of .... 2nd 8tr..t, th.nc. ea.t.rly along the north ri,ht-of-way lina of .... 2nd Str..t to the _outh...t co.n.r of tOt 13, Bl00k 118 la. in Plat 800k 2, pa,. 8)/ thence north.rly along the ...t lot lin., and northerly proj.ction th...ot, ot aaid tot 13 to the .outh...t corn.. ot tot 14, BLOCk 117 (aa in Plat BOOk 1, p.,. 3), th.no. north.rly along the ...t lot lina, and northerly ,roj.oticn th..tot of .eid tot 14 to a point of int....ctlon with the we.terly projection of 1.64 1.51 1.52 1.53 1.54 1.SS 12 1.5. 1.57 1." 1.51 1.50 1.11 1.62 1.63 4 COOING, Wo.4s ..,teken ere del..lona: wo.d. un4arlin.d a.a addition.. l . . << - , HUG 2,; 'GQ :::,: 45 904/'37';"'-llJtJC ':APSOf"IScLII'H'I., PA FL,I _.6 101 ../ .. 1:1 13 14 15 16 17 18 19 :10 21 :1:1 :13 :14 :IS :16 27 28 29 30 31 201-134-3-' 1 tfte nortft lot line ot tot 18, Ilock 117, ehence easterly alon9 .ai~ weeterly projeotion co ehe ncrehw..t corn.r ot .aid Lot 18. thence eaeterly along the north lot line, .nd e.eterly projection thereat, at .ai~ Lot 18 to the eaat right-at-way line at S.Z. 7th Avenue, thence eouthe.ly .long the e.lt .ight-ot-w.y lint ot 1.1. 7tft Avenue to the aouthw.et oorn.. 01 Lot 10, .alm .qu.re, an unr.oorded plat, thence e.ate.ly a10n9 the aouth lot 1in.s ot Loti 10, 45, 57, and 12 01 .alm Ique.e l.n un.ecorded plat located in alockl 1:15 and the no.th h.lt at B100k 133, a. in .lat look 1, pa,e J) to point at inte'88ctlon with the leet r19ht-c'- wey line 01 the %ntreooaetel Waterway, thenOe Soutllerly aloll9 tile lalt ri,llt-ot-Wly l1ne ot ~tfte Intr~ooaete1 Wete.wey to tile loutllweet oorner at alock 141 (ee in .lat look 1, pa,e 21), the no. laete.ly a10n, the louth 11n. 01 .aid Block 141 to tile louthweet corner 01 LOt A laa In the Jolin a. aeld'l Vl111,e lubdlvillon, in .l.t Book 21, pI,e 'I), then to a polnt on the lout~eet corner ot lald LOt AI ellenoe in I Northerly directl0n a10n; the W.et line 01 Lot 7 to tile North.elt corner 01 la1d Lot 71 thence "Iterly elon; the North line ot Lot 7, thence loutllerly slon; the Zalt 11ne ot LOe 7 cO tile Southe.lt corner 01 Lot 7 (.11 ccnt.ined in ehe John B. Reid'l Vill.ge Subdivision, in .llt Book 21, p.gs 95)1 ehence E.aterly to the Southwelt corner ct Lot 8/ thenoe E.sterly Las :I 3 4 ~.S6 , 6 7 1.67 1.5& 8 9 l.n 1. 70 1.71 1. 72 1.73 1. 74 1. 75 1.75 1.77 1.71 1. so 5 CODING, Worda etrteken are deletion./ warde underlined are edditionl. AUG 24 '99 16:46 904,877-1000 CARSON&LWN,pq FL' l , .; \ I ' -:.. J.3 14 15 15 17 11 11 20 Zl 22 23 24 25 2S 27 a 2~ 30 31 [p'. ? I ' : : ,~ . 201-134-2-' 1 2 3 alon; tha South llna oe ~ot I to tha louthaaet cornaroe ~ot ., thance ln a Northlrly direction along the Zalt 11nl oe Lot. e, 7, S, and S to thl Northla.t cornar oe aa14 tot 5 (bain; in Ilock 4, Ocean .ark lubdlvillon, a. ln .l.t Book 8, p.g, 1'), thanel E.ltarly to tha SOuthwa.t corner oe Lot 7, Ilook 3, thanea E..early .long the South lln. of lald tot 7 to the louthe.et cornar of toe 7/ thanca Northerly along eha zaat llna of Lot 7 to the Northaaet cornar of Lot 7 and tha Northwalt corner of Lot 24. Ilock ] (In ..id Oce.n '.rk IUbdlwlalon, Ilock 3), thanoa Ealearly .long tha North llna of Lot 24 (In Block 3 of Oclan '.rk 'ubdlvlalon) to the Northe.le oorner of I.ld Lot 24, thlnoe Ba.terly to the NorChw..C oornlr of Lot 7 1.1 ln Oca.n 'ark 'ubdlwlllon, Ilock ~ 21' Chlnce ln .n "at.rly dlrectlon along the north l1nl of LotI 7 and 24 (in Ilock 2 of Ocaan Park 'ub41wiaionl to the norChlaae corner of aaid LOt 241 th.nc. Ealtlrly along thl North line of tOCI 16 and 2 of Ilock 1 in the OCI.n 'Irk lubdlwlalon to a polnt .t thl NorChlaet . cornar of Lot 2, Ilook 1, Chine. Ealclrly along .n extanalon of Cha North 11na of Lot 2, Bleck 1, Oca.n 'ark Subdlwlon to tha hlgh watar mark of the Atlantlc Oca.n, thancI Northlrly .10ng aald hl;h watlr mark 11nl' to thl Point of .aglnnlngl .11 '1 ln the publlc .aeords of .alm laach Couney, ,lorlda. 2.10 ~.al 4 l.8~ , S 7 I , 10 11 1.83 1.14 2.1 12 2.2 2.3 3.4 2.5 2.s 2.7 2.1 2.9 CODIHO, worda .t.~ckeft ar. daletion" worda undarllna~ ar. addltlon.. S I ~ . . RUG 24 '89 16'46 904/877-1000 CARSON&LINN,RR ,. . F~J 201-131-3-' 1 ..eelon 2. This .ct, awcapt for thl. ..ctLo" whlch 2 .hall tak. .::.ct ~pon bacomlng . llW, .h.ll tlka attact only J upon approval by I majorlty vote ot tha al.ctor. ot th. ara. 4 d..crlb.d ln S.etlon 1 above vctlng ln . ra:erendum al.ctlon 5 whleh .hall bl cal1ld .nd h.ld by eha Clty of ollrlyal.ch on S b.h.lf of thl O.lray a.ach Downtown oavalopmant A~ehorlty ln 7 thl Clty ot Dl1r.y a..ch .t a .p.cl.1 .l.celon occurrlng .t . 1...t sa day. a'tlr thl. .ct bacoma. . law. Any .l.ctor 0: , thl coucty who r..14.. ln the pra..nt O.lr.y I..ch Downtown 10 De911~.nt Authorlty .r.. or the .... propo..4 co b. .ddld to 11 .ueh .r.. 1. .1191b1. to vote ln .~ch r.f.r.ndum .1.otlon. 12 Th.r. .ball bl at l.a.t 20 d.y.' notlc. 0' th. .lactlon a. 13 provld.4 by.. 100.242, Florld. St.tut... 14 15 18 17 11 11 20 21 22 23 24 Z5 U 27 ZI 29 30 31 LAW WIO SIGNAT~~1 IllATil 7- ,.ft --- '. . , CODING. Word. .t...~.n ara d.latlon.: word. ~nd.rlln.4 .r. .dditlon.. R.e - 3.12 2.l3 2.14 2.15 2.18 2.19 2.20 2.21 EITY DF DELIA' BEAEH rd ,~~,.. ,~7 CITY AnORNEY'S OFFICE 310 S,E, ISI STREET, SUITE 4 DELRAY BEACH, FLORIDA 33483 407/243-7090 TELECOPIER 407/2784755 MEMORANDUM Date: September 20, 1989 To: City Commission Malcolm Bird, Interim City Manager From: Susan A. Ruby, Assistant City Attorney Subject: DDA Election It has come to our attention that the title (caption) to the special act passed by the State Legislature permit.t.ing a referendum election for the purpose of expanding the current Downtown Development Authority boundari.es, contained clerical. errors. The proclamation and resolution passed by the City commission contained lan~~age as set forth in the special act title, which contained the clerical errors. However, the eligible voters had previously been sent a correct copy of the map outlining the boundaries. Our office is bringing this matter to the attention of the City Commission for direction as to which of the alternatives referred to herein, the City Commission desires to take ,to correct the situation. The City Commission could declare the clerical errors to be of minor import and reread the corrected proclamation at the September 26, 1989 meeting. The body of the resolution could be corrected administratively so that further publications, as well as the ballot question would reflect the necessary correc- tions. If this is the di.rection of the City Commission desires to take, then the election could proceed on October l7, 1989. Or, if the City Commission should decide to take an extremely cautious course, then the proclamation and t,he corrected resolution would need to be readopted and readvertised. This alternative would necessitate a postponement of the election. To meet City Code and statutory notice requirements, the election could not occur at the earliest until October 3l, 1989. This alternative would require the reading of the proclamation and resolution on September 26, 1989, with said I . , JS" , :;. i, ;) 7 . City Commission Malcolm Bird, Interim City Manager septamher 20, 1989 Page 2 resolution to be published on September 29, 1989 and OctobE>.r 13, 19B9, and the Proclamation to be published on October l6, 1989 and October 23, 1989. Attached hereto is a corrected proclamation and Resolution for your consideration should you desire to proceed with the second ~ative. M~~Y Attachments GG William Finley, Director Downtown Development Authority Elizabeth Arnau, City Clerk l . ( MUDGE ROSE GUTHRIE ALEXANDER 0. FERDON 515 NORTH FLAGLER DRIVE 212111II ST"I:IET. N,'~ W....S...'NOTO.... D.C. 20037 202-..19-..3.11 laD "'''IOEN LJIoNIt NEW VOAIt. HIEW '1'0"'1( 1003. 2141-510-7000 SUITE 900. NORTHBRIOGE CENTRE 407-650-8100 SUITI[ 20.10 333 !lOUT" GIU.ND ,It,Vl[fIIUI[ LOS "NOII:I..1[5. CAL.... 9007 I 213,813.1112 .25 ~...t1U( AVENUE NIEW YOAK. NEW "0"'" 1002. 21.-........00 WEST PALM BEACH. FLORIDA 33401 12. AUI[ or. L.A PAIl( 75002. ....lilliS, "1ll.."'CE TEI..ECOPIER: 40'-833-1722 TELEX: wu 51...4' 'II "2. 81. 57. " September 21, 1989 TO ALL PERSONS NAMED ON THE ATTACHED DISTRIBUTION LIST: $21,492,000 City of Delray Beach, Florida General Obligation Bonds (Multiple Projects) Enclosed herewith please find a revised draft of the resolution calling for a bond referendum in connection with the above-referenced Bonds, b1ack1ined to reflect comments I have received. Unless instructed otherwise, it is this version that the Commission will consider for adoption on Tuesday. If anyone should have any questions or regarding the enclosed, please do not hesitate to call. comments " Very truly yours, '; ,'~ki...._ < i'"'---''-' ! --stephen D. Sanford / / ' d............."-_,...._(~t t;;" / SDS/emi Encs. "q;)}~~;{ 9-g' ~. " ..'; " "" :r:;',' ::; ,.',:, . ~ . $21,492,000 CITY OF DELRAY BEACH, FLORIDA General Obligation Bonds (Multiple projects) DISTRIBUTION LIST The Honorable Doak S. Campbell Mayor of the City of De1ray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 (407) 243-7000 William Andrews, Commissioner City of De1ray Beach 201 S.E. 5th Avenue De1ray Beach, Florida 33444 Patricia Brainerd, Commissioner City of De1ray Beach 2665 Jaeger Drive De1ray Beach, Florida 33444 Mary McCarty, Commissioner City of De1ray Beach 509 Dottere1 Drive, No. 22A De1ray Beach, Florida 33444 Jimmy Wetherspoon, Commissioner City of De1ray Beach 130 N.W. 8th Avenue De1ray Beach, Florida 33444 Mr. Malcolm Byrd Acting City Manager City of De1ray Beach 100 N.W. 1st Avenue De1ray Beach, Florida 33444 (407) 243-7000 Mr. David M. Huddleston Finance Director City of De1ray Beach 100 N.W. 1st Avenue De1ray Beach, Florida 33444 (407) 243-7000 . i . t r \ ~ Herbert A. Thiele, Esq. City Attorney City of Delray Beach 310 S.E. 1st Street, Suite 4 De1ray Beach, Florida 33483 (407) 243-7090 Jeff Kurtz, Esq. Assistant City Attorney City of Delray Beach 310 S.E. 1st Street, Suite 4 Delray Beach, Florida 33483 (407) 243-7090 Ms. Elizabeth Arnau City Clerk City of Delray Beach 100 N.W. 1st Avenue De1ray Beach, Florida 33444 (407) 243-7000 Walter E. Breen, Esq. Mudge Rose Guthrie Alexander & Ferdon 180 Maiden Lane New York, New York 10038 (212) 510-7238 Stephen D. Sanford, Esq. Mudge Rose Guthrie Alexander & Ferdon 515 North Flagler Drive, Suite 900 West Palm Beach, Florida 33401 (407) 650-8140 . ~ . RESOLUTION NO. 70-89 ~ RESOLUTION OF THE CITY COMMISSION OF THE CITY OF QErnAY BEACH, FLORIDA, PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION ]!ONDS EOR THE PURPOSE OF FINANCING THE iA) ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF CERTAIN STREET, ~I DEWALK, ALLEY, I RIGHTS OF WAY I, DRAINAGE AND BEAUTIFICATION PROJECTS IN THE PRINCIPAL AMOUNT QF NOT EXCEEDING $11,207,000, (B) ACQUISITION, CONSTRUCTION AND EQUIPPING OF I.MPROVEMENTS TO CERTAIN RECREATIONAL AND CUL- TURAL FACILITIES IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $4,605,000, (C) ACQUISITION, CONSTRUCTION, RECONSTRUCTION ~D EQUIPPING OF CERTAIN FIRE FACILITIES IN THE PRINCIPAL AMOUNT OF NOT ~CEEDING $5,l80,000, AND THE (D) ACQUISITION AND CONSTRUCTION OF VARIOUS I URBAN RENEWAL PROJECTS IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $500,000; ~ FOR A ]!OND REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY OF DELRAY BEACH TO BE HELD QN NovnmER 7, 1989, AS TO WHEl'HER GENERAL OBLIGATION BONDS FOR SUCH PROJECTS SHOULD BE I.SSUED; AND PROVIDING AN EFFECTIVE DATE. 1 #8 #11, ] # (12) #13, ] # (l5) ! #16 ! #17 # (17) #18 #19 # (19: #20 l#2l ! #22 !#23 #24 #25 #(25 #26 ~HEREAS, the Constitution, applicable laws of the State of #29 E10rida and the City Charter of Delray Beach (the "City Charter").L ! #30 authorize and empower the City of Delray Beach, Florida (the "City").L ! # (3 to adopt this Resolution; and #31 ~HEREAS, the City commission of the City of De1ray Beach, #32 Florida ithe "city Commission"), has determined that it is in the #33, best interest of the City to acquire, construct and reconstruct cer- #(3, tain ~treets, sidewalks, riqhts of way and alleys within the City, 1#3 including improving the drainage ~nd providing for general beautifi- !#3 cation thereof (herein referred to as the ~Street, Drainage, !#3 Sidewalk, AlleYI and Beautification Project"); and ! # ( ~HEREAS, the City commission has determined that it is in #38 the best interest of the City to acquire, construct and equip #(3 improvements to certain recreational and cultural facilities within #40 the ~ity (herein referred to as the "Recreational and Cultural #41 Facilities Eroject"); and #42 ~HEREAS, the City commission has determined that it is in #4: the best interest of the City to acquire, construct, reconstruct and #(' ~quip certain fire facilities within the City (herein referred to as #4' the "Fire Eacilities Project"); and #41 ::.l- Res. No. 70-89 !# ! # 94348.23.3049.01:4 ~HEREAS, the City Commission has determined that it is in #47 the best interest of the City to acquire and construct various urban !#48 renewal projects in the qeneral area of the city surroundinq Old ~ School Square. includinq but not limited to the acquisition of cer- 1#49. tain properties and structures (herein referred to as the "Urban !#49. Renewal Project" which together \:Lith the Street, Drainage, Sidewalk, !#50 Al1eYI and Beautification project, the Recreational and CUltural !#51 Facilities Project and the Fire Facilities Project ~re sometimes #52 hereinafter collectively referred to as the "Projects"); and #(52 ~HEREAS, the City commission hereby finds that the Projects #53 will serve yalid municipal pUblic purposes; and #54 ~HEREAS, the City Commission finds it to be in the best #55 interest of the ~ity to issue its General Obligation Bonds (the #56 "Bonds") in the aggregate I2.rincipal amount of not exceeding! #57 $ll,207,000 for the Street, Drainage, Sidewalk, Al1eyl and !#(5 Beautification ~roject, not ~xceeding $4,605,000 for the Recreational !#58 and Cultural Facilities Project, not exceeding ~5,180,000 for the !#6C Fire Facilities Project and not exceeding $500,000 for the Urban lUU Renewal Project to finance all or a portion of ~he costs for such 1#6] Projects including all costs incidental thereto and to pay the costs #(6J of issuing the Bonds; and #(6: ~HEREAS, it is necessary and essential to call and to hold #62 a bond ~eferendum SUbmitting the issuance of such ~onds for the #63 approval or disapproval of the residents who are qualified ~lectors ;65 within the City. #(6 ROW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF #66 THE CITY qF OELRAY BEACH, FLORIDA, AS FOLLOWS: '67 ~ECTION 1. That a bond referendum is hereby ordered to '69 be held in the City Qn the 7th day of November, 1989, to determine #70 whether or not there ~hall be issued the Bonds of the City in the #71 aggregate principal amount of not exceeding $11,207,000 for the 1#7 Street, Drainage, Sidewalk, Alleyl and Beautification ~roject. not 1#7 exceeding ~4,605,000 for the Recreational and Cultural Facilities #74 ::2- Res. No. LQ-89 !#' I # I 94348.23.3049.01:4 Project, not exceeding $5,180,000 for the Eire Facilities Project and !#75 not exceeding $500,000 for the Urban Renewal Project, maturing at !'76 such time or times not exceeding Ithirty (30) I years from the date or !#77 dates of issuance of said Bonds~ bearing interest at a rate or rates l.(77 not exceeding the legal maximum rate of interest and payable at such !=78 times and in such manner, lal1 as shall be determined by subsequent !#79 proceedings of the City commission. The Bonds will be issued for the !=79, purpose of financing the costs of the respective Projects including! .80 all costs incidental thereto and to pay the costs of issuing the .(80) Bonds, land shall be payable from ad valorem taxes levied and col- l#85 1ected in the ~ity (without limitation as to rate or amount) on all l#86 taxable property in the ~ity sufficient to pay principal of and #87 interest on such Bonds as the same gecome due and payable. '88 ~ECTION 2. That the Projects are for a valid municipal 1#90 public purpose and therefore, ~ccordingly, subject to approval of the !#91 issuance of the Bonds by the qualified electors of the City, the l#92 financing of the costs of the Projects shall be payable from the pro- l!i2 ceeds of the Bonds and such pavment is herebv authorized and LUU approved. ! # (9 ~ECTION 3. That each of the Projects shall consist of .95 various co~ponents (herein referred to as ~Component" or #96 "Components"). The Components comprising each of the Projects, >iith #97 the estimated costs for each, are more fully ~escribed in the report #98 submitted to the City commission and attached hereto as Exhibit A and #99 by this reference incorporated herein. =(9' ~otwithstanding the principal amounts assigned to each =10 Component, the actual cost of a particular Component may be greater =10 or less than the estimated cost allocated to such Component. If the ,10 actual cost of a Component is greater than the amount allocated to it #(1 in this Resolution, the City may provide for such deficiency from #10 other available funds or from surplus funds that had been allocated #(1 to another component of the same project. If the actual cost of a I1C component is less than that allocated in this Resolution, the City .1C ::3- Res. No. 70-89 l#: l #! 94348.23.3049.01:4 may use such surplus for other Components of the same Eroject. If, #109 after application of the foregoing, there remains insufficient funds #(111 ~o complete a Component due to unforeseen cost escalations lor fai1- !#11, ure to receive anticipated governmental grants or private contribu- !#(1 tions, I Qr other unexpected circumstances, the City may delete a !#11 partl of ~uch component or modify such Component so that such !~11, Component may be completed. The City will not delete any Component !#11' to qenerate surplus monevs for other Components. nor will it expend !#11 Bond proceeds in excess of the amounts allocated ~o each of the !#11 Projects in this Resolution. #(11 ~ECTION 4. That the Bonds may be issued all at one time #119 or in part from time to time ~s the City commission may in its dis- ~120 cretion hereafter determine by subsequent Qroceedings. #121 ~ECTION 5. That Bonds shall not be issued for a Project #123 unless such Bonds authorized for such Project shall be approved ~t ~124 the bond referendum by a majority of the qualified electors of the #(1: city and voting in such election all in the manner provided in the #12: Constitution and the ~tatutes of the state of Florida. #12( ~ECTION 6. That polling locations or places shall be #12, determined by the Supervisor Qf Elections for Palm Beach County, #12' Florida, and all qualified ~lectors of the City who vote in said #13 election shall vote at said designated polling Q1aces. The polls #13 shall be opened on the date of said bond referendum from seven #(1 Q'clock a.m. until seven o'clock p.m. on the same day. Only the duly .13 gualified electors of the City will be permitted to vote in said :referendum. ~ECTION 7. That the City Attorney shall prepare and notice of the bond referendum QY causing ~propriate notice to be #1: published in accordance with the provisions of section 100,342 of the #1: Florida ~tatutes, the City Charter and other applicable provisions of #1' local law ~t least once a week for four (4) weeks in the IDELRAY !#: BEACH NEWS I , a newspaper of general circulation within the City, !# provided the first publication shall take place in the fifth week !# bond #13 =13 give =1= ::4- Res. No. 70-89 !# ! # 94348.23.3049.01:4 prior to the week in which the referendum is to be held, the second !#143 publication shall take place in the third week prior to the week ~f #145 the referendum and the final two publications shall take place once #(145 each week in the two weeks preceding the referendum. Ihe City #146, Attorney shall secure from the publisher of said newspaper an ~pro- #148 priate affidavit of proof that said notice has been duly published, #(148 as herein set forth, and said affidavit shall be made a part of the #149 record of the Qity commission. #150 ~ECTION 8. That the vote at said bond referendum shall #152 be by electromechanical voting ~evice (the "Device"), as approved by #153 the Florida Department of state gursuant to the Florida Election #154 code, comprising Chapter 101 of Florida ~tatutes, and in each polling #155 place there shall be at least one such Qevice. It shall b~ the #l56 responsibility of the Supervisor of Elections for Palm Beach county, #157 Florida, to have prepared and furnished to the inspectors said #158 Devices in such numbers as shall be required to carry ~ut the intent #159 of this Resolution, and to have prepared and approved by the proper #160 authorities for use in said Devices such ballots as shall be rreces- #161 sary to conduct the referendum of the qualified electors of the City #(lE ~elative to the questions of whether the issuance of Bonds in the #162 respective ~ggregate principal amounts ~hall be approved to finance #16: the costs ~f the respective projects including all costs incidental #16' thereto ~nd to pay the costs of issuance of the Bonds. ~allots in #16~ the same general form as hereinafter described ~ha11 be available for #16' absentee voting. #(1( ~ECTION 9. That the ballots to be used in said bond ~ef- #17: erendum shall be substantially in the following form: #(1 =5- Res. No. 70-89 !#: ! # ( 94348.23.3049.01:4 BALLOT H76 CITY OF DELRAY BEACH, FLORIDA QECADE OF EXCELLENCE ~ENERAL OBLIGATION BONDS H78 H79 #181 QUESTION 1 4183 ~TREET, DRAINAGE, SIDEWALK, ALLEY, I AND BEAUTIFICATION PROJECT H85 ! #186 ~hall the city of Delray Beach issue general obligation ~189 bonds to finance the acquisition, ~onstruction and reconstruction ~f 1#190 certain street, sidewalk, alley, riqhts of way. I drainage and beauti- 1#(19 fication projects and ~ll costs incidental thereto, not exceeding 1#19= $11,207,000 bearing interest at not ~xceeding the legal rate, matur- 1#19' ing not later than 2Q years from the date ~f issuance thereof, pay- !#19' able from the City's ad valorem taxes? # (19' Instructions to voters: Indicate by depressing the marking device #198 over ~For Approval" if you favor the pro- #199 posed Bond issue. # (19 Indicate by depressing the marking device #200 over "Against Approval" if you do not #201 favor the Bond issue, # (20 OUEST ION 2 1#20 URBAN RENEWAL PROJECT ! #2C Shall the City issue qeneral ob1iqation bonds to provide ~ fundinq for the acquisition and construction of various urban renewal lj]J pro;ects in the Old School Square area of the City. includinq but not 1#2( limited to the acquisition of certain properties and existinq struc- ~ tures I I and all costs incidental thereto. not exceedinq $500.000. Ul.' bearinq interest at not exceedinq the 1eqal rate. maturinq not later Ul.' than 30 years from issuance. payable from the city's ad valorem ~ taxes? 1 # ( ::.6- Res. No. 70-89 !#5 94348.23.3049.01:4 ! # ( Instructions to voters: Indicate by depressinq the markinq device !#203 over "For Approval" if YOU favor the 1 #203 proposed Bond issue. 1#(20 Indicate by depressinq the marking device !#203 over "Aqainst APproval" if YOU do not !1203 favor the Bond issue. !#(2C QUESTION 1 ! #20' RECREATIONAL AND CULTURAL EACILITIES PROJECT #206 #207 ~hall the City issue general obligation bonds to finance #210 the acquisition, construction and equipping of improvements to cer- #(21 tain recreational and ~ultural facilities within the City and all #212 costs incidental thereto, not exceeding $4,605,000, bearing interest !#21 at not exceeding the legal rate, maturing not later than I ~ears !#(2 from issuance, payable from the City's ad valorem taxes? 1#21 Instructions to Voters: Indicate by depressing the marking device #217 over ~For Approval" if you favor the pro- #218 posed Bond issue. #(21 Indicate by depressing the marking device #21S over "Against Approval" if you do not #22C favor the Bond issue. # (2; QUESTION 1- EIRE FACILITIES PROJECT ! #2; #221 ~hal1 the city issue general obligation bonds to finance #22' the acquisition, construction, reconstruction and equipping of ~er- =23 tain fire facilities and all costs incidental thereto, not exceeding #(2 ~5,180,000, bearing interest at not exceeding the legal rate, matur- #23 ing not later than 30 years from issuance, payable from the City's ad !#2 valorem taxes? ! # ( -7- Res. No. 70-89 !#= 94348.23.3049.01:4 ! # ( Instructions to Voters: r'ndicate by depressing the marking device #237 over ~For Approval" if you favor the #238 proposed Bond issue. #(238 Indicate by depressing the marking device '#239 over "Against Approval" if you do not #240 favor the Bond issue. #(240 g,ECTION 10. That the returns of the referendum shall be #264 canvassed in the manner Qrovided by law, and said returns shall be #265 certified to the ~ity commission, which shall declare the results #266 thereof. Upon canvassing the returns of the referendum, the results #(26E of ~uch referendum shall be recorded in the minutes of the City #267 commission in the manner prescribed by law. #268 g,ECTION 11. That said bond referendum shall in all other #270 respects be held and conducted in the manner provided in and by the #271 laws of the state of Florida. #(27 g,ECTION l2. That in the event that any word, phrase, #273 clause, sentence or paragraph hereof shall be held invalid by any #274 court of competent jurisdiction, ~uch holdings shall not affect any #275 other word, clause, phrase, sentence Qr paragraph hereof. #276 g,ECTION 13. That this Resolution shall take effect imme- #278 diately upon its passage. # (2~ ~ASSED AND ADOPTED in regular session on this 26th day of #28: september, 1989. #(2: ~ITY OF DELRAY BEACH, FLORIDA #28 b,TTEST: By: Mayor #28 #(2 #28 #(2 #29 city Clerk g,ubmitted: ::.8- Res. No. 70-89 !#~ 94348.23.3049.01:4 ! # Revised: September 26, 1989 DECADE OF EXCELLENCE BOND ISSUE PROJECTS AND PROGRAMS MAJOR AREA TOTAL 1. Streets. Drainage. Sidwalk, Alley and Beautification: $11,207,000 Reconstruction of streets $2,772,000 Pavement Drainage $2,000,000 $ 772,000 Reconstruct additional streets to be selected from the pavement study: $1,000,000 Streets which require reconstruction have been identified in pavement management studies conducted by the City. Reconstruction involves removal of existing rock base and asphalt, and construction of new road with 8" of rock and 1 1/2" of asphalt. Drainage will be designed on a street by street basis, utilizinq swale drainage as much as possible. When completed, citizens will note smooth surfaces, devoid of pot holes and puddles. S.E./S.W. 10th Street four-lane Federal to Germantown: $2,000,000 Project involves widening to four lanes complete with curb and gutter, drainaqe and sidewalks. Road improvements required to provide parallel route to Linton Boulevard and to attract potential development. This popular east/west route will become a safer road through its widening. Northwest area drainaqe: $1,300,000 Northwest Drainaqe project consists of storm drainaqe (inlets, manholes, exfiltration trench and piping) necessary to relieve street and yard flooding. Service area is bounded by West Atlantic Avenue, N.W. 3rd Avenue, N.W. 4th Street and 1-95. Residents in this, northwest area should find less floodinq around their properties when the drainaqe is properly installed. Reconstruct N.E. 7th Avenue from Atlantic to N.E. 1st Street: $ 100,000 This project involves the removal of existing asphalt, reqrading of rock base, installation of required drainage, then resurfacing of roadway. Shoppers heading for the back parking lot of the Atlantic Plaza will find smoother travelling following the reconstruction of the road, . Drainage improvements to S.E, 1st Street from U,S. 1 to the Intracoastal Waterway: $ 200,000 This improvement was identified as a part of the Downtown Drainage Study, The existing drainage pipe is undersized and in disrepair. ;)<6 l . Drainage impro~ements Lowson from the E-4 Canal to Homewood: $ 200,000 This project ia designed to relieve an existing moderate drainage problem at the intersection with Homewood Blvd., as well as a series of smaller drainage problems along the street eastward to the E-4 Canal. OUr western residents who utilize Homewood Blvd., for their local travels will no longer drive through puddles caused by improper drainage. Selected alleys east of Swinton, from N.E. 4th to a.E. 4th Streets: $1,000,000 This project involves will be identified by selected alleys will study area only. Sidewalk S.W. 4th from Atlantic to Miller Park: paving and drainage improvements to alleys which an "in-house" Engineering Department study. The, be in the commercially zoned portions of the $ 80,000 This project involves the construction of a sidewalk to provide for safe pedestrian travel. The proposed sidewalk will serve school children, park users, as well as general pedestrian traffic. It will connect with a path system at Miller Field and will extend to T~opic Palms. The sidewalk will make walking safer for Plumosa Elementary School children who will be able to safely walk from their school north to Atlantic Avenue or south to Miller Field. Sidewalk Pompey Park area: $ 20,000 Project will provide safe pedestrian travel for park users and general pedestrian traffic in the area. Sidewalks are proposed along N.W. 2nd Street, N.W. 13th Avenue, N.W. 3rd Street and N.W. 10th Avenue. Residents around the area of Pompey Park will notice the safe access to the recreation center from surrounding neighborhoods due to construction of the sidewalks. Sidewalk- N.E. 8th Street at F.E.C. Railroad tracks: $ 40,000 This project will provide for safe pedestrian travel across the railroad tracks between N.E. 3rd Avenue and U.S. 1. Bicyclist's and pedestrians will be able to cross the tracks smoothly and safely due to this sidewalk construction. Atlantic Beautification east of Intracoastal Waterway: $1,000,000 This project provides continuity from the improvements made west of the Intracoastal Waterway. Paver blocks will replace sidewalks and decorative street lights added. New sod and irrigation will be replace existing greenspace within right-of-way. Beach patrons who, stroll along Atlantic Avenue, and beach-side m rchants will observe the results of this beautification project. -2- ~ ~ r i . Swinton Beautification from South 10th Street to North City Limits: $ 500,000 This project involves a concentration of efforts in the historic districts (North 8th Street to South 2nd Street); second emphasis is on the length between South 2nd Street and South 10th Street; and then for the length north of 8th Street as needed. Activities include planting of street trees, improved swales, sidewalk grates, antique street lights at intersections, some curb and gutter work where needed to preserve landscaping. Extension of downtown improvements along Atantic west to 1-95: $ 200,000 This project provides for continuity with beautification of Atlantic between Swinton and the Intracoastal Waterway. It includes replacement of sidewalks with paver blocks and landscape improvements. The beautification of West Atlantic Avenue unifies the Avenue by continuing improvements made in 1988 in the core of the downtown. The gateway to our City will have a cleaner, safer look due to lighting improvements and upgrading of sidewalks. Atlantic Beautification 1-95 to Military Trail: $ 238,000 This project involves plantings, trees and enhanced by providing Atlantic Avenue is a Florida Turnpike, 1-95, landscaping of medians. It includes new sod, irrigation. Again, our gateway street will be a continuity in beautification objectives. major gateway accessing State Road 441, the Federal Highway and AlA. Barwick Beautification from Atlantic Avenue northward: $ 57,000 This project entails the planting of trees on the sides of the road every 50 lineal feet. The landscaping must be established with a watering truck and supplemental waterings in extremely dry periods. Residents in the western part of the City, and visitors to Barwick Park will notice the new greenery when the project is completed. Spady Elementary School: $ 500,000 Improvements to streets in the area of Spady Elementary School as called for in the "Sharing for Exellence in Schools 1990" Plan. 2. Urban Renewal Project: $ 500,000 This money shall be used for the acquisition and construction of various urban renewal projects in the Old School Square area of the City, including but not limited to the acquisition of certain properties and existing structures. 3. Recreational and Cultural Facilities Pro;ects: $4,605,000 Miller Field- south 10 acres: $ 375,000 -3- l . This project will be developed in conjunction with the Baseball School. The school will provide funding for construction of a major leaque field, multi-purpose field. The City will provide an entrance road, parkinq lot, additional ballfields, soddinq, irriqation, wells, fencinq, lightinq, concession stand, press box, landscapinq and walkways. Miller Field, now beinq known as Little Fenway and containinq & replica of "The Green Monster" is already an attraction in Delray. But more importantly, the number of young people waiting to take part in sports due to a shortaqe of playinq fields will have a better chance of playing in sports when these improvement's are completed. Veteran's Park Improvements: $ 500,000 This involves redevelopment to make the park and Adult Recreation Center more compatible and unified. The ARC will be re-desiqned for, more active programming for all ages. Redevelopment of the park includes construction of a gazebo for concert series, waterside walkways, irrigation, sod, landscapinq and liqhting. For the past two years, the Chamber of Commerce has used the park to host major concerts such as Gary Puckett and the Union Gap and The Association as part of the Delray Affair. Concerts and other cultural events held in the park brinq the community toqether in the heart of downtown. Currie Commons Improvements: $ 230,000 , This property is used by the City throuqh a lease aqreement with the American Legion. The project involves redevelopment to include two ball diamonds, a multi-purpose field, parkinq, lightinq, irriqation, sod, press box and concession stand. This park, located in the Southeastern section of the City, west of Federal Highway, will accent the surroundinq neiqhborhood and provide additional playinq fields for a waiting list of little-league players. Ballfield Lights at two fields: $ 200,000 Ballfields at Carver Middle School, Atlantic High and Plumosa are all in need of lighting. Through our jOint-use aqreement with the School Board, these fields would be primarily used to serve youth organizations and adult softball leagues. The lighting not only allows these facilities to be used in the evening hours, it makes for safer neighborhoods. Pompey Park Improvements: $ 110,000 This involves addition of a ball diamond, lighting and parking improvements. These improvements to this 10-year old center will add to its value and that of the surrounding neighborhood. Additional recreational facilities provide an opportunity for our youth to take part in an organized, active lifestyle. Community Center: $ 190,000 This provides for a new floor and lighting in the gymnasium and construction of two tennis courts behind the center. The gymnasium is sued by seniors citizens and After-School Program children alike on a -4- ( ~ . consistent basis. The tennis courts round-out the recreational programs offered at the center. Golf Course Improvements: $ 400,000 This provide. for a $25,000 master plan study. Improvements made will be contingent on results of the study. Fairway improvements, rebuilding greens, irrigation, cart path, new restrooms and a shelter house are planned. Residents of Delray Beach enjoy a lifestyle full of recreatinal opportunities. Providing the facility for one of South Florida's most popular sports is the respon Old School Square Improvements: $2,600,000 This is a historical renovation and restoration project of the 1926 school building and gymnasium at the Old Delray Beach Elementary School site. Project includes roof replacement, installation of a central air conditioning system, installation of new windows, electrical and lighting system replacement, removal and replacement of various wall treatments and painting of the facility. Also included will be landscaping, construction of the walkways, fountain and outside exhibit areas. Total project cost is estimated at $4.7 million with additional funding to come from private donations and state grants. 4. Fire and Facilities $5,180,000 Fire Headquarters _L "J.'i~ II.!:__ (1): Fire Station No.1 (replace): $1,750,000 $1,100,000 Construction of Fire Headquarters ~~ :hl ~~~ :It:- of ~h~ aA~g..dad ~lL, Hall al;o;ave ifte ~I.alOllment g-- ~- RilE' .... plus construction of a replacement or re Station No. 1~' ~:f~ S~:~ia: N~. 1 l~;l~ ~ ,~;;;:;i~~ ~:t~~~:. 'R2n~;~;~~~~ ,.~;n":~Ai~~aBl~. f L = a These are replacement construction projects for the present Central Fire Station and administrative facilities built in 1955. The facilities will be utilized to house the emergency equipment and staff; administrative offices, fire prevention bureau, training facilities and various ancillary fire Support functions, Fire Station No.5 (new): $ 814,000 A new fire station to serve the southwestern section of the City. This location will improve response times and provide better services to the southwest area of the City. The facility is envisioned to be a one story, 6,000-square-foot structure with an engine and a rescue. Fire Station No.3 (renovation): $ 380,000 This project is a renovation of Fire Station ~3 located at 651 Linton Boulevard which would add approximately 3,500-square feet to the facility, The additional space is needed for training, fitness apparatus, equipment storage, and administrative services. The additional will meet current and future needs for the facility. -5- . Fire Station No.4 (renovation): $ 90,000 This project is a renovation of Fire Station #4, located at 4321 Lake Ida Road which would add approximately 1,100 square feet to the facility. The additional space is needed for traininq, fitness equipment storaqe, and administrative services. The addition will meet current and future needs for the facility. New fire equipment: $1,046,000 One Quint (pumper/ladder): $310,000 This is a project for the purchase of a combination 1,000 GPM Pumper and 55-foot aerial apparatus to be located at proposed Fire Station IS. This is an additional unit and would provide expanded service in. the southwestern section of the City to improve response time in this area and provide additional capability throughout the community. Three replacement pumpers, rebuild existing snorkel, and one new Tanker/Brush Truck: $736,000 This is an apparatus replacement program which will replace three pumpers, 16 years to 22 years old, with new apparatus of modern design and greater capability. The 16-year old pumper will be placed in reserve status. The Brush Truck replacement is a continuation ot the replacement proqram. The present Brush Truck is a 1956 model. The rehabilitation of the existinq Snorkel will extend the service lite of our present 85-foot aerial truck more cost effectively than purchase of a replacement. Included would be a new enqine/drive train, additional compartments for special equipment, upqradinq of hydraulic systems and safety devices, and refurbishinq of the body. Grand Total: $21,492,000 , -6- \ ~ . ~ I THE ART OF FINE HAIR & COSMETICS 402 N.E, 2nd STREET. DELRAY BEACH. FLORIDA 33444 278~16 September 21, 1989 RE: Decade of Excellence Bond Issue ~ JJOdl-k I As time is short for the final writing of the Bond Issue, please accept this informal note as a serious appeal from Pineapple Grove Support Group. It's imperative to include Pineapple Grove under the umbrella of the Arts & Culture section of the Bond Issue. To stand alone on the ballot is certain failure. You and I are clearly aware how hard we have worked to strengthen this link, Pineapple Grove, in our community chain. However, due to the difficulty of reaching each citizen, I fear failure if Pineapple Grove is made to stand alone as a separate issue on the ballot, cc Doag Campbell, Eayor hary ~:cCarty, V-l,ayor Trish Brainard Jimmy Weatherspoon Bill Andrews Herb Thiele l'ialco1m Bl.rd ~~c j o<~ JP J-- ~~1) fd'~ ~ D" ~:!l f<4 ( , September 21, 1989 To City Commissioners: Suggestions for specifics for Pineapple Grove question on Bond ballot. 1. Planning (This is specified in Comp Plan) Neighborhood plan and guidelines (research ancil1iary cultures uses of neighborhood to complement Old School Square) 2. Promotion of cUltural/art/educational uses (or anci11iary cultural uses) Employ full time or part-time coordinator/promotional materials etc. 3. City investment in pilot project (such as antiques mall). Could be pUblic/private partnership to encourage redevelopment in area. EIT' DF DELIA' BEAEH ~'" ;. '... , ".', )}.\... ~:l.: y y' CITY ATTORNEY'S OFFICE 3 I 0 S,I', 151 STREET. SLUE 4 DELRA Y BEACH, flORIDA 33483 4071243.7090 TELECOPIER 407/2784755 MEMORANDUM Date: September 20, 1989 To: City Commission From: Susan A. Ruby, Assistant City Attorney Subject: Absentee Ballots As you may recall, the City Commission previously voted to eliminate paper absentee ballots and to use punch card ballots to facilitate the automatic counting of absentee ballots. The Supervisor of Elections has now asked that Commission determine when the absentee ballots counted. the City should be The absentee ballots can be counted on the same evening as the regular ballots or on the next day. If the absentee ballots are counted at the same time as the regular ballots, the computer print outs would still designate that the absentee voter used an absentee ballot. The Supervisor of Elections suggests that the absentee ballots be counted at the same time as the regular ballots. By copy of this memorandum to the City Manager, please place t.his matter on the City Commission agenda for a determination by the City Commission as to when the absentee ballots should ~ CC Malcolm Bird, Interim City Manager Elizabeth Arnau, City Clerk . . , ~C) ~ =P '30 BOARD RATING LIST 1. Jane L. Minter 1. Kathryne B. Stokes 3. Jean Beer 4. Kent Atherton 5. Judity A. Colvard 6. Tom Purdo 7. Sylvia Gwynn 8. Anne Bright Board recommends Jane L. Minter or Kathryne B. Stokes to fill the position vacated by sid Soloway for a period of two years. Board recommends David B. Clarer for re appointment for a period of two years. <:- ~.... i/J!/ ~~ p-IU~f AJ.~ AeJ.,,.. ~ /'II.A.I4'($''!*Itt , ~ PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: MALCOLM BIRD, CITY MANAGER THROUGH: FRANK R. SPENCE, DIRECTOR CVELOPMENT SERVICES GROUP . )~~~U~ FROM: ID J. KOVACS, DIR~R DEPARTMENT OF PLANNING AND ZONING DA~E: AUGUST 23, 1989 R~ SUBJECT: APPOINTMENT TO PLANNING AND ZONING BOARD The term for Sid Soloway, Planning and Zoning Board member, expires in the month of September. Pursuant to the policies of the City CommisSion, Mr. Soloway is not eligible for reappointment in that he has served tWQ full consecutive terms. Thus, it is necessary appointed to the Board September 26th. that a new at the City (replacement) Commission's member meeting be of In the past the City Manager's Office has, in conjunction with Commission members, determined if a notice of the vacancy should be published or if ' the replacement should be selected from the existing applicant list. c: Elizabeth Arnau, City Clerk Bob Barcinski, Assistant City Managerv/ l ,2;0 . I Rnards and Commi t tee - 1989 Council, Fiv. (5) selections to be made, one by each seat of the City Three (3) selections to be made by the President of the City of Delray Beach Chamber of Commerce. Se~~ion 4. That the members of the said "Del ray Beach Human Relations Committee" shall serve two (2) year-staggered terms. The initial selections for said committee shall be those persons holding office upon the adoption of this resolution with said staggered terms to remain as are currently existing and as were formed by the previous adoption of Resolution nUmbers 92-81 and 28-82. SII!~~ion 5. That if a vacancy should occur on said "Delray Beach Human Relations Committee", said vacancy shall be fill~ by selection by the person who selects members for each group (for ex-.ple, selections of the Mayor), and the said selection shall serve for the unexpired term of the members Position which was vacant. SII!~~ion 6_ That the City Council of the City of Delray Beach, Florida shall have the authority to approve and ratify all selections to membership on the "Delray Beach Human Relations Committee", and the City Council shall have the authority, with or without cause, to remove any member of the "Del ray Beach Human Relations Committee" from said posi- tion whenever a majority of the City Council votes for such a removal. SII!~tion 7. That members of the "Delray Beach Human Relations Committee" may be re-selected for one additional term so that no member of the "Delray Beach Human Relations Committee" shall serve more than two 2-year terms. SII!~tion 8. That the "Del ray Beach Human Relations Committee", in general, is to be utilized as a forum for the hearing of the grie- vances or complaints of all citizens of the City of Delray Beach, Florida, and said "Delray Beach Human Relations Committee" shall make timely recommendations to the City Council of the City of Delray Beach, Florida concerning such grievances or complaints. SII!~tion 9. That specifically, the "Del ray Beach Human Rela- tions Committee" duties, powers, authority, and functions are as fol- lows: (a) That the "Del ray Beach Human Relations Committee" shall act only in an adVisory capacity to the City Council, and the "Del ray. Beach Human Relations Committee's" actions and decisions shall not be binding on the City, the City Council, or the City Administratiun. (b) That the "Del ray Beach Human Relations Committee" shall act as a Sounding Board for grievances or complaints by citizens of, or persons who own or operate businesses within the City of Delray Beach, Florida. (c) That the "Del ray Beach Human Relations Committee" shall consider only those matters that both (1) are of a broad City-wide COncern, and (2) since the "Del ray Beach Human Relations Committee" is advisory only to the City Council, Over which the City Council may have juriSdiction or have authority to act. (d) That the "Delray Beach Human Relations Committee" shall act as a mediator of disputes or grievances, and as such, said "Delray Beach Human Relations Committee" shall have no independent investigative authority, nor the power to compel the attendance of Witnesses or the prOduction of evidence by subpoena or otherwise. 2 RES. NO. 60-86 -.- ......... c.) That the "Delray Beach Human Relations Committee" shall not consider any matter which involves a grievance or dispute between employers and employees, inClUding those involving a City and its employees, nor shall the "Delray Beach Human Relations Committee" specifically consider any matters which are in litiga- tion or are under review by any other governmental agency, entity, board, or commission. (f) That the "Del ray Beach Human Relations Committee" shall hold meetings on a regular basis, which meetings shall be open to the pUblic, minutes shall be kept of all such meetings, and any special meetings, with copies of said minutes, and any other reports, to be transmitted to the City Council and the City Manager of the City of Delray Beach, Florida within thirty (30) days of such meeting. (g) That the "Del ray Beach Human Relations Committe." is authorized and encOUraged to review matters which are the City-wide concern, including but not limited to the relationships between members of the community at-large to identify any concerns and problems of a City-wide basis, to suggest to the City Council certain specific programs, gUidelines and outlines to address these identifiable prOblems, which programs would serve to promote harmony and communication between all of the residents and citi- zens of the City of Delray Beach, Florida, and to sponsor activi- ties within the community which shall also serve to promote such harmony and communication. Ch) That members of the "Del ray Beach Human Relations Commit- tee" shall serve without compensation, but reasonable expenses I shall be subject to reimbursement as provided by the City of Delray Beach's Charter and Code of Ordinances. I , (1) That the "Del ray Beach Human Relations Committee" shall adopt bY-laws which shall set forth the process for selection of presiding officers and procedures for the conduct of meetings within the gUidelines set forth in this resolution. Sec~ion 106 That this Resolution shall take effect upon its I adoption. of PASSED AND ADOPTED in regular session on this the October , 1986. 28th day ~.L/2 ~, , I A'1"l'EST: MAY 0 R ~. h ~ " .AA;7 ::Zt.- ~ . City Clerk 3 RES. NO. 60-86 [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE II :' _'i Hil . Hi \(:1.; : uRljl\ _;.;..1,\ ~ 1VIEMOHANDUM ~(ite: September 26, 1989 Tel ~ C:1 ty ('orrunission From: H,::~t'~)(~rt W.f.....~ Thiele, City At~Lorney Subject: Addi.rjona1 Persons for City Ma.naoer Search Commi.tt.ee In accordance wi t:.h the direction at t.:-he City Commission, the .~. 1- .... .', ......,- , ~.., ,"', ~-. , '.n'_~ ',_ .',__ ei.ther current or reti.red city managers throughout t.he State of Florida who might be interested in serving on the Manager I s Search Committee, both for purposes of the requirement.s for the position, as well as in funct.ion aft.er applicat.ions have been received. Cit.y's City formulat.ing a screening In addition to the two names previOUSlY~J:~:rdea-~l:o-~-yeu by ~r~anager Malcolm Bird, bein .0 In siffi!llons and Roy Holla e Ci.t.y Attorney's Office has~ been anle ':0- obTain o owing names who have agreed .to serve on this committee if you sele t t.hem: George Frost - Town Manager of Town of Palm Beach Rob Parkins - City Manager of City of Miami Beach Other pot.ential participants have not been reached due to the lCMA Conference now ongoing in Des Moines, Iowa. lff\ HT:sh '7'1--/ .~i_~ S.R.WEINER AND ASSOCIATES INCORPORATED September 6, 1989 Mr. Malcolm Bird Interim City Manager Ci ty Hall lOO NW First Avenue Delray Beach, FL 33483 J{t.CEl VElJ SEP 08 1989 CITY MANAGER'S OFFICE Dear Mr. Bird: This letter is intended to serve as an agreement between W.R.I. Delray Associates Limited Partnership and the City of Delray Beach regarding the location and construction of a fence on Collins Avenue and Miami Boulevard as shown on drawing M-052, dated March 8, 1989, revised April l2, 1989, and accepted by W.R.I. as the construction document. The drawing represents the items initially addressed on November 30, 1987 when W.R.I. offered to contribute toward the construction of a fence. Therefore, as part of this agreement, W.R.I. will give to the City a check for five thousand dollars ($5,000) as acceptance of the City's proposed fence construction as shown on the above referenced drawing. The City's acceptance of the check will terminate any future financial obligations or future maintenance responsibilities for the fence by W.R.I., as no portion of the fence encroaches upon the property of W.R.I. With the signing of this agreement by the City, W.R.I. understands that the terms are satisfactory to all involved. REAL ESTATE DEVELOPMENT 1330 BOYLSTON STREET CHESTNUT HILL MASSACHUSETTS 02167 617-232-8900 . . ~ 33 ;, S.R.WEINER AND ASSOCIATES INCORPORATED September 6, 1989 Mr. Malcolm Bird Page 2 If the above items are acceptable, please sign and return the counterpart of this agreement, and I will forward a check made payable to the "City of Delray Beach". Thank you for your time and cooperation. Very truly yours, ~~ Limited Partnership by: S. R. Weiner & Associates, Inc. Accepted by: Interim City Manager City of Delray Beach Delray Beach, FL cc: A. Rocco, J. Wilder, M. Brennan, T. DeSimone, K. Mulkern, A. Waldstein, A. Ciklin, R. Barcinski, S. Weedon, D. Kovacs, H. Thiele, S. Schein, H. Gordy, A. LeBlanc, D. Petkewich, F. Spence . (' "-I', )- (~.~. ~ "' [). , ' , '~ ';'( t < ~:' C. "\,' :.\1~ . ' \;,,' '.. . I,,(j ~,(l: ~ ~, ". , ." ~1 ;..~ " Z'" ,:I: t"\\ft\ :t-t) A~~ ~~ ~ti~ ~~ " ~, i ~ " ,I 7hc;... ... I I )( I, I .,..- ..-~.",_.- \;, Z J I , I I , -rw 1;' t:; ~ ~q\l1".l' t. C\ oC' ~. ~~j ;)~' <~- il-l "Ii'"'" 'r "'-J '~ ~ ,........ ~ --. :;' t. /g a II\) , ,. I k 'I'- :r-- '- ~ ,.....-- :' ., ~ ,z. t' I~ , I " '. , ~ <: ,., '- rt) ~ <- 1\' { I '" .le - ~" r ,.. , "\ >0- bi ,'.- .~. ,,", .1 if't\ l' ~c. ;-:..; ~ , '::1 -, lOr I;lO-G "" ~ , .. (.I. ~ c' ., ":i.: :t\ ~ '" ) \.ll d ,1;.";0: ,._,..c..., ' 't'-- --- - .. ,- =>"IST.' ULJ-9.l.:'C ~'<;-L_ 11:,9,<.., <l . ~:"<; /9"f. 9!2' ~ " -.,....... , .... Q I.. ':'f-.e ~~"71-'1 tJE ~-r OP :( ._~.. JIV":I:....rr..,.,.., ,---'" ",..r,.:;; -, (/....R.o .~'-;I(.. or: .~E .~E/r1;h"E"~ 4 v:EY,YE ~'~:, '" ~\' 1\': -::: '. ~-/,: ,r--J = , , 1.8 ';::'</,E(,,< rQ 8M ..4!2 m REALTOR'" DELRAY BEACH-BOARD OF REALTORS, INC. 47 S.E. 5TH AVENUE, DELRAY BEACH. flORIDA 33483 407-278-2661 (5) lQUAL ItOUIlIIlG O"O"TUN'TY 1989 otflce,. & Directors: -Officers: President, Michael K. Plum, GRI; President-Elect, Kathi D. Sumrall, MRA; Treasurer, Alvin A. Doherty, GRI, CAS, CAB; Corporate Secretary, Gabe A. Santi; Past President, William F. Koch III -Directors: IreneT. Webb, GAl, Leonard E. White, Cathy R. Dowling, CAB, A. Charles Spallitta, Sylvia B. Huhman, GAl, Tom C. Spallitta, Helene C. Mueller; Executive Vice President, Joyce K. Winiewicz To: Frank Spence, Director Development Services From: Delray Beach REALTOR Advisory Board Subject: Disposition of City Property Date: September 26, 1989 The Delray Beach REALTOR Advisory Board was requested to make recommendations regarding the disposition of two pieces of property that the city currently owns, specifically the North Federal Highway commercial property and a multi-zoned property at Venetian and Miramar Streets. It is the recommendation of the Advisory Board that the city take the following steps in the marketing of the property: 1. The purchase price quoted on the above designated parcels be at or around the appraised value of the properties. 2. That the city list the above mentioned properties with a licensed REALTOR for insertion in the Multiple Listing Service at a commission to be negotiated between the parties. MLS rules and regulations state that participation in the service is permitted only if a valid listing agreement is entered into between the seller and a member REALTOR. 3. If the city is unable or unwilling to enter into such agreement, the Delray Beach Board of REALTORS will cooperate in the promotion of the sale by making the membership list of subscriber offices available to the city for advertising purposes. These suggestions represent a good faith effort of the members of the Delray Beach Board of REALTORS to be good citizens. These recommendations have been approved by the Board of Directors of theDelray Beach Board of REALTORS. We welcome the opportunity to be of service. 1i!l;J~'U?:: ~/t~ichael K. Plum L/ President Delray Beach Board of REALTORS 713<{. MEMORANDUM ~ ~ FROM: ~ALCOLM T. BIRD, INTERIM CITY MANAGER ~RANK R. SPENCE, DIRECTOR, DEVELOPMENT SERVICES TO: SUBJECT: DISPOSITION OF CITY OWNED PROPERTY DATE: SEPTEMBER 20, 1989 ----------------------------------------------------------------- This morning I met with three members of the Real Estate Advisory Board to discuss a course of action for the sale of the two City- owned parcels in light of the City Commission's action and direction given at their meeting of September 12, 1989. After discussion, the Advisory Board decided to take this whole matter to the full Board of Directors of the Delray Beach Board of Realtors for discussion and direction at their next meeting, Tuesday, September 26, 1989, at 1:30 p.m. Through their President, Bill Plum, they will present their recommendations to the City Commission that evening as to how they can best help the City sell these properties in the spirit.of cooperation. Therefore, please place this item on the Commission's September 26, 1989, Regular Agenda. FS:kwg cc: Bob Barcinski, Assistant City Manager Bill Plum, President, Board of Realtors l 54 . C I T Y COM MIS S ION DOC U MEN TAT ION TO: ROBERT A. BARC~I' ASSISTANT ~/(_ a ~ FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP CITY MANAGER VIA: FROM: GcWA)~~~ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 26, 1989 CONSIDERATION OF SITE AND DEVELOPMENT APPROVAL PIAZZOLA OFFICE BUILDING, N.W. 1ST AVE (RO DISTRICT) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a site and development plan for the proposed Piazzola Office Building. The project is located on N.W. Hall. Site plan approval is Zone District regulations. 1st Avenue, across from City required pursuant to the RO BACKGROUND: This is a small project consisting of only 1,547 sq.ft. in a two story building on a 7,836 sq.ft. lot. All code requirements are met. A Certificate of Appropriateness was granted by the Historic Preservation Board on August 29th. One item of concern dealt with the treatment of the east property boundary which lies along an unimproved alley and general utility easement. The Planning and Zoning Board resolved this matter through requiring the planting of a hedge along the property line. Please see the P&Z Staff Report for full background and analysis of the item. PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of September 18, 1989, the Planning and Zoning Board unanimously recommended approval of the site and development plan, based upon findings pursuant to 173.867, and SUbject to three conditions (as delineated in the staff report). RECOMMENDED ACTION: By motion, approve the site and development plan for the Piazzola Office Building based upon the findings and conditions as recommended by the Planning and Zoning Board. Attachments: face sheet of P&Z staff report site plan reduction 36 PLANNING 8 CITY OF OELRAY "':ONING BOARD BEACH MEETING D=lTE:SEPTEMBER 18. 1989 AGeo:l ITEM: IV. D. STAFF REPORT IT~: SITE AND DEVELOPMENT PLAN, OFFICE ON N.W. 1st AVENUE (RO ZONE) (PIAZZOLA) ~ " Ir- I. ""'. l~ ~. = . 4 15 .. " l\j 3 " 3 II 4 Iii I' 12 4 p ....'2 " ':us" 13 5.-'3 ~ 14 :it. 14. 14 Z ~ , . W . ~ > I~ I 7 15 C 7 !6 ; ~ ,~. ,!~; ~; ~ 57. II ~~ . ",'. ,.; il .-. ,2 S CO , 'I 9 j PUBL!C 3 11 . ,~ 4". 5'" ., 12 13 5 :to " 1<4 u .17.. 15 1:-8 " 1ST IS . .. 1 ~;2'; II 10 , GENERAL DATA: OWner. . . . . . ......... ... '" .. . . . . Paul Piazzolla Agent...........................Paul Piazzolla LOcation........................Ea.t .ide of N.W. l.t Avenue, between N.W. l.t Street and N.W. 2nd Street. Property Size................... 7 ,836. 78 Sq. ft. 10.179 ACres) Community Redevelopment Plan....Mixed Use ReSidential/Office Proposed Land Use Plan..........Transitional (Comprehensive Plan) City Zoning.....................RO (Residential Office) Adjacent Zoning.................North. south and east of the subject property is zoned RO. West is zoned CF (Community Facilities ). Existing Land Use...............Vacant land Proposed Land Use...............Construction of a 1,546.75 sq.ft. office building Water servlce...................Existing main located on the east side of N.W. 1st Avenue. Sewer service...................Existinq Sit sewer line located in the alley adjacent to the east side of the subject property. 3 : 11 I _ I t--=- 4 _.~/2 . 5 ' /3 " 14 7 /S ~~. ~~ N.E. @ fS- ." , . ~ I r 2 8 . ft . " ITEM: IV.D. :. ~ !-. ; ::: .;? .. i 'IlJ 0.: " "., -;. i:=::c~ 1 5'-<:: J . .~ 5 "1'IloG6 .- 'Z. a, 11 -.i/ - } ";'; . -.~ 1,., \ . I -- ~ c:::r .'. j :,..'S..~ I I ..t. I I ~ s .- lC -.' -- -- - -.. ., , . . ,. ~'1."'f~ ~u . ""ou:~ . "r;lU:> ..,~ f!>!,,' . . .9 ... ..7\. ~ ~t=:. ~ wPAI ~f ,)~r 1Z::~__I!d-1'_ __tt!~:'_~Q .. , ,"""t.'- 0- , \1 -.: ~ ~ t- '0 . r. 0l:IA.&J '.lfr,i"l ~,' ~,. "( . " : ',," ,"to " :'\\..".. ". ,,'~' , . -:':"" \.... . . "ll." . . '\ ..'....":t'., ':':.... '.~....,'.'..f ,,' . _~~...\ .'-~~..; :~~'~!~"" ;0. .. .;~'-::. )~;.'~:' -,....:, ~.'~r '. .i'.' ''', ~~.; r " ,. , .' f. -.-.1 I u (Z-o: ~ I I "'" .~" ~ " '{.-D I'd m' ~ ~'.:J ,/. . . E.lnT [' ~~ ,. 5f~ JZEqD . ".' ~'.waut. Aof> ~i:> ---, "".f": ; ._...~.... ~T~; ....'~IO "'-, '. , r-'\ 1-' . .., , , lZ.., --,I <I' .0 ~ .. ::::i - ;:;;~ Vb'/<"'T' " .. 'Ij 1 .~ I I ~.. ./. ..;'~~ I ~t. I i , ,--' . 1 " ,q I' I · Ioz.-a IS.... - .'-. -10--..' I I I. ~,~~ <~, I ~I ~~ .,:1. ~ .' ~. '1. . . ~-ev;;' 2E4':> j@ ~ f'~,'6..; .~~. . __ I ; ~ , ,. . . . C I T Y COM MIS S ION DOC U MEN TAT ION TO: ROBERT A. BARCIN~I, ASSISTANT CITY MANAGER ~r7 ,4--" _~ FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP Q'h8v~S~it.~R DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF SEPTEMBER 26, 1989 CONSIDERATION OF SITE AND DEVELOPMENT APPROVAL WALMART DEVELOPMENT, WEST SIDE OF MILITARY TRAIL ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a site and development plan for the proposed Walmart development project. The project is located on~west side of Military Trail, south of Linton Boulevard. S~~e plan approval is required pursuant to the GC Zone District regulations. BACKGROUND: This project consists of a single purpose structure of 114,760 sq.ft. which is to house a WALMART store. Two out-parcels which are to accommodate a bank and a restaurant are also proposed. Access will be provided directly from Military Trail and ~hrough connections to "The Promenade" which is located to the north. Off-site street improvements are required along Military Trail. There are no unusual aspects to the been granted for the elevations and Adjustment has granted a variance loading berths. proposal. CAB approval has landscaping. The Board of relative to the number of The next step in the development review process is that of platting at which time legal arrangements for water, sewer, and access will be verified. Please see the P&Z Staff Report for full background and analysis of the item. PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of September 18, 1989, the Planning and Zoning Board unanimoUSly recommended approval of the site and development plan, based upon findings pursuant to 173.867, and subject to two conditions (as delineated in the staff report). RECOMMENDED ACTION: By motion, approve the site and development project based upon recommended by the Planning and development plan for the WALMART the findings and conditions as Zoning Board. Attachments: ?k> face sheet of P&Z staff report s~te plan reduction PLANNING 8 CITY OF OELRAY IN I NG BOARD BEACH STAFF REPORT MEETING [):nE: SEPTEMBER 18, 1989 AG~ ITEM: IV. B. ITEM : SITE AND DEVELOPMENT PLAN: WAL-MART, WEST SIDE OF MILITARY TRAIL SOUTH OF LINTON BOULEVARD . LINTON BLVD- ~ ~ tb,.~..\ -n.. ~~ ~~"' i'a~"- t>\-e <;~ @r GENERAL DATA: Owner. ............. ... . . . . David Dord..ht1, Prealdent; Sabra Development Corporation. General Partner Aqent.................... .Michael 8. Schorah' Associates, Inc. Locatlon..................West side of Military Trail approximately 670. feet south of Linton Boulevard Property Size............ .14.2 Acres Existing Land Use Plan. ...Single F&mily Proposed Land Use Plan.. ..General Commercial (Comprehensive Plan) City Zoning... .... ....... .GC (General Commercial) Adjacent Zoning.......... .North of the subject property is zoned County CG. South is zoned County RS (Single-Family Residential). East of the subject property is zoned City MOl (Medical Office and Institutional Cistrict) and County CS (Specialized Commercial). Weat is zoned County cs. Existing Land Use........ .Vacant land. except for a frame structure which will be removed. Proposed Land Use........ .114,760 Sq.ft. Wal-Mart store and two out parcels of .8 acres each. Io.'ater Service... ......... .Existing 8" and 10" lines located north and West of the subject property in the Linton Promenade and Celray Medical Center. rcspectlvely. An existing 12" maln 1S located on the east side of Mlli tary Trall. Sewer Service............. Existir.g :.::" mains locat~d north and West of the subJect property in the Linton Promenade and Celray Medical Center. respectlvely. existing lift Statlon to the West and an eXlsting force main located on the West side of Military Trail. fTI!Mr IV.B. .. ::~ I .. --' l- I- l- i-- , C I ,- ~ i " i-. I i I ---'< I :1, --!Ie J~~ .--- --- -1-. --- -f. -.---- ""'Jt_ "'--__ , I \ 0"'" '" " ~ IlI[T[NTI~ Mt[A ~ -- J ------~ ------- ",... :.11 ~r;-' 1.= j' :' lC: --r'1 ~- 1,:.1-- "" ---n I , ---;'I~I ~Ol ~~.~ .t= ~ , j- , ! .. ~ f- c:::- -=.:> I~ j.\;; Ih - ! lUll'! . - :~i .~, "!. tW- -.. Ut'!'. ' , . - , ~ " . ,- - '. T .t.~.:..:.~..- .1; ...... .,....- z ~ ___.L , . '....u.__i I I :-~ !~ I - "' ,...--, I i j ~ --. "=~ a.A 1> ~~ r- 01' ~O ~ <.V) ~ ':::' " -t .. - -, . ., ~, I I '--, . I. i' = =:I I 0 ., , -. .. -,. , ., j z . i I n ! i I i I ! i ~ 1: e III , ~~ ~il .e, I z - /', .-. .- - ....-. - '( ~Ii! 61 I ~., 1 . t,A ! -I I > I J =-:i' . ::l _-I I J, -.. " . . > _...lJ _.J.; ~J - , o. ft. .- ft. !! ft I I I - un It,. I.M. MILITARY TRAIL .. - -7""'" ------I"' OJ ~ I 2 ~ " - (S.R.8091 I 0#': ;_.~ '.."" ... ,. ~~tr. :~ );,- t i: C I T Y COM MIS S ION DOC U MEN TAT ION TO: ROBERTA. BARCINSKI, ASSISTANT CITY MANAGER ~~~O '_ ~K-R~ ~ENCE, DIRECTOR VELOPMENT SERVICES GROUP VIA: ~U~ DA D J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF SEPTEMBER 26, 1989 CONSIDERATION OF SITE AND DEVELOPMENT APPROVAL KING INDUSTRIAL BUILDING, S.W. 14TH AVENUE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a site and development plan for the proposed King Industrial BUilding The project is located between SW 13th and 14th, north of S.W. lOth Street. Site plan approval is required pursuant to the LI Zone District regulations. BACKGROUND: This project is proposed as a three phase development. Phase I involves construction of a single purpose 10,800 sq.ft. structure; Phase II involves a 4,500 sq.ft. addition. Phase III plans are unknown at this time. The approval action involves only Phases I and II. The site lies within an wellfield impact zones. for other than industrial industrial. However, the approved and vested under area which is within the Series 20 The proposed Comprehensive Plan calls usage and for rezoning to other than proposal before the Commission may be the existing plan and zoning code. Relief has been requested from the provision of a sidewalk and dedication of associated right-of-way along S.W. l3th Avenue. The next step in the development review process is that of platting. Since a plat was previously approved (but not recorded) for this site, the full subdivision process will not be followed and, when ready, the final plat will come directly to the City Commission. Please see the P&Z Staff Report for full background and analysis of the item. 37 Kings Site Plan September 16, 1989 Page 2 PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of September 18, 1989, the Planning and Zoning Board unanimously recommended approval of the site and development plan, based upon findings pursuant to 173.867, and subject to three conditions (as delineated in the staff report). The Board also recommended approval of the request for waiver of dedication and sidewalk requirements along sw 13th Avenue; accommodated a request that the landscaping for Phase I noe include the area to be impacted by the Phase II addition; and deleted imposition of Technical Item #10 which dealt with imposition of an "engineering standard" calling for six foot of clear distance between a raised loading area and a travelway. The Board did not support requests for deletion of raised curbing around the landscape planters (Board of Adjustment action would be required) or for not requiring upgrading of the water main from 4" to 8". RECOMMENDED ACTION: By motion, approve the site and development plan for the King Industrial project, Phases I and II, based upon the findings and conditions as recommended by the Planning and Zoning Board and specifically including abandonment of an existing drainage easement and waiver of sidewalk and dedication requirements along s.w. 13th Avenue. Attachments: face sheet of P&Z staff report site plan reduction PLANNING 8 L.JNING BOARD CITY OF OELRAY BEACH STAFF REPORT MEETING ~TE: SEPTEMBER 18. 1989 AG~ ITEM: .IV.A. I TEH: SITE AND DEVELOPMENT PLAN: KING OFFICE/WAREHOUSE. INDUSTRIAL BLOCK NORTH OF S.W. 10th STREET AT S.W. 13th AVENUE It) 0) I , , -,0. ....... .::'/... . ~ ...:. .,. ~ \,,;.. .. . --. Q '..'- '"- C' 3~; Jr....... . ~ -;. t / .., Y, 4, e I[A J . ~I' ". ~. ., . /""" --- - GENERAL DATA: o."ner. . . . . . . . . . . . . . . .. . . . . . . . . . . .1'0. lItift9 "'qent. . . . . . . . . . . . . . . . . . . . . . . . . . . TOIl 1t1nQ Loc.tion........................SOuth 81de of S.W. 8th St., between S.W. 13th AVe. and S.W. 14th Ave. Property .1&....................2.66 Acre. tI15,731.70 Sq.ft.) Pha... I , II . 1.276 Acre. (This development propo..I) Existinq Land Use Pl.n..........l (Industriall ProPOsed Land U.. Pl.n..........Tr.n.1t1on.l rComprehensive Plan) City Zontn;.. ...................LI tL1;ht Industrial) Adj4cen~ Zonin9.................Nor~h of ~h. .Ybjec~ proper~y is toned RM-1S {Multiple-Family Owellinq District). South is zoned RM-6 (Multiple-Family Owellinq District). Eas~ and West of the subjec~ property .re zoned LI. Existinq Land Use...............Vac.nt L.nd Proposed L.nd u......... ........Phase I _ Construct a 10,800 sq.ft. office/warehouse structure. Phase II - Expansion of 4,500 sq.ft. to the 10.800 sq.ft. office/warehouse structure. Water Service. .... ........ ,. ....EX1Stinq 6" water main on tht! north sides of S.W. 10th St. and 5.w, 8th St. Also. existinq 4h water line on the east sides of S.W, 13th St, and s.w. 14th St. Sewer Service.,.",."",....,. .Existinq sanitary sewer on the West side of S.W. 14th St. and an existinq 15"sanitary sewer on the south side of S.W, 10th St. rTEM:~ I " :~: ::>. I 1 it .. I, ". ~! ~ I'f{.. I .:.' ~ . : ~.. ': ' ~ ..' : .'. ' .' 'lIt .'l~. ;.. '.f . ' . ':' c . , . JI " .:. :. :j : ".=lIT' ; '''''~~:"A. t" '..If::/~~ji:, t- ~ .~'i ;'<k~ .,," '''~J '. J"\...'J' .' .., , .. '(ji', "':\,1:;: .....:"':. :~~0~" \.~. ~ : o_"1j" :>~ '~~'~1~;\'~ : :~:: .,:.,. _ ~ ~ --::. ;. , ~~. '; , " '$n:~J:~ Ljt', '1~~!' '; ~ -' : ". I I I I I I .. - I "'~';';'~..J~ .~ ,\~ I ... . ~4=.: 1- -:-J~- .-:","":,,., ." "c . ~ ..' ::.....~'7~...... "., .., ',. _'.- . .. .11 t . ;. ! .'. , .. , . , f - t I ~ . . '.'., "--' ". ..:f.:.. .\....:--...-..-...... ~...1"1. . ll:. ) r .:" '--r- ~ (. . , .. --i-- . "50. W, .!.". ,!". .I. --...; ;~ . . -:''T~~T .- [ITY DF DELAAY BEA[H 100 N,W, 1st AVENUE DE LRA Y BEACH, F LOR I DA 33444 407/243.7000 MEMORANDUM TO: Robert A. Barcinski, Asst. City Manager/Community Services Joe Weldon, Director of Parks and Recreation ~ FROM: SUBJECT: APPROVAL OF CEMETERY FEES AND CHARGES DATE: September 22, 1989 Backqround Prearrangements of Delray, Inc. has requested changes to the fee structure for the mausoleum and lawn crypt garden. The changes would provide for preconstruction prices for crypts and niches, specify prices by level, and lower the price of a single lawn crypt from $1,000 to $750. These changes will not affect our revenue projections. The changes are requested in order to assist the company in marketing the facility and to clarify with more specificity previously approved charges. All other cemetery prices and charges will remain the same. Contract language requires Commission approval. Attached are copies of the proposed and existing price lists. Action City Commission is requested to approve cemetery fees and charges as amended. Recomtendation ReccrnrrEnd Corrmission approves cerretery fees and charges. JW/sfd THE EFFORT ALWAYS MATTERS 3~ [ITY DF DELIAY BEA[H CITY AnORNEY'S OFFICE 310 S.L 1st STREET. Slnr J DElRAY BEACH. HDRrDA 33483 4n7f143-7nQ(l iTLfCOPlfR 4071~7R-4755 MEMORANDUM Dat.e: September 12, 1989 rro: City Commission V:1I~ r 'bIr 1r,.,Bird. Intari.a.C':j;..:....ger.~ From: Jeffrey S. Kurtz, Assistant City Attorney fiV /1 Subject. : Demetrius Butts Claim Mr. Butts has filed a claim against the City for false arrest and imprisonment arising out of his arrest, for resisting an officer, by Officer Messer on December 27, 1987. Mr. Butts is represented by Sammy Berry, Jr., Esq. and Mr. Berry, on behalf of his client, has demanded payment in the amount of $50,000. The City Attorney's Office is continuing to investigate this matter based on the information that has been uncovered, thus, we cannot recommend a settlement. It would be appa:eciated if you couId-place this matter on the September 2~ 1989 consent agenda. Should you have any questions concerning this matter, please do not hesitate to contact our office. JSK:sh . 39 :. , "~,;,:~,,, /)., "'V~ J '. ..... .. '. l\1 :' ,,>.:: ~-.'.~\ ,',', I"',,: ,~" :J/ ~; l,,;,:.'(;,;, ~ '_. , .... * :.t". :":.-!~;(' 310 S.., ht STl\P;ET, SUITE 4 In:LRA Y BEACII, FLORIl>A 33483 407/243.7090. 'fJ.:LECOPIER 407/278-4755 MEMOJWmuM Date: September 21, 1989 To: City COlIIII\1sai.on. From: Jeffrey S. Kurtz, Assistant Subject: Atlantic Avenue Irrigation from Swinton to 1-95 Bid. 189-64 Water Wizard Irrigation Inc. was the su.cce..'ful. low bidder for the above referenced project aDd. wa. awarded the contract. Unfortunately they were unable to secure sufficient au~ft4'. insurance from a COl1J,pany of requisite size to meet our bid speCifiCAtions. for the reaaODa set forth in the. attached letter. The oontractor is willing to provide us with. a $7S0,000 insurance policy ($250.000 above our minimum requiremetLts) issued by Bankers I.naurance Co., a B+S cOlllpa~. The. Risk Manager and our office would recOlllD&nd ~t the bid raquir8lllent of a siz.e 12 insurance company be. waived in this instllDCe. This. recOllllllendation is baaed on. the Risk H."e.ljJtIr'lII evaluation. of the financial stability of Bankers Insurance Co. and the relatively short per.iod of exposure 4Ssocia:ted with this project. Should you have any questiona concerning this matter, please do not hesitate to contact either our office. or Lee Gr~_ JSlt: jslt cc: Malcolm T. Bird, Interim City Manager Nancy Davila. Horticulturiat Ted Glas. Purchaaing DuectoJ: Lee Graham. RiSk Management Director 30'd 30:Ll 68'13 daS SSLP 8L3 LOP 'ON l31 3JI~~O S,^3NdOll~ ^lIJ . , - , ~ Water Wi~a1(d Irrigation, Inc. 4100 N, PowerUne Rd,. Suite 0..8, Pompano Beach, Florida 33073 (305) 9n-8017 September 12,1989 (~ ."'lf~Z4~ ~1-- ~.. ".. '.,.j".;l~ ..' '-. :..'......./.J.,;;.....:, Cit.y of De1ray 310 SE 1st Street SUi te 4 Delray Beach.,FL 33483 Dear City Oommdssioners; Enclosed you will find a Certificate of insurance for AutOlllObile insurance. We have bid an irrigation job for the city and tMl City Attorney has inforllllKl us that the Auto policy we have in force now is not sufficient enough for the city. He has alao told us that the c:ompany which we are insured by has a rating of B+ 5 not a 12 which you require. We have tried several eompaniea which you rate a 12 and they will not insure our drivers because Of violaiton. We have two Drivers who have 1 tideet each and no acciclent.. We are willing to up our po~i-cy ,to 750,000.00 if you are willing to overrule the rating requirements. If there are any question please call the nlllllber above. Thank you for your prompt attention in this matter. . c President EDO/tlb ZO'd ZO:LT 68'TZ das SSL~ SLZ LO~ 'ON l3l 3)1~~O S,A3N~Oll~ A1IJ . . ~ '1r~ . "-.Ii .' .~O · .... '10,00' · ~. . /lt1l6tlNAl. 1IWIW . "..........). ."'; \.'. , ~. ~. .', ~ , " : ',\'{~ "., , . .:~:.. I, UIf.o I..{:'. . '..~ . ,.., ,; \', f;, " ~;:" S, ^3N~Olll:j ,U I::I . . , , MEMORANDUM TO: Robert A. Barcinski .Assistant City Manager J. Weldon ~~ Director of~Parks and Recreation FROM: DATE: September 18, 1989 SUBJECT: Approval of Childrens' Services Council Grant BACKGROUND: The-CSC~as tentatively approved a grant for the Parks and Recreation Dept. After-School/Child Care Program. The amount of the grant is $136,315. and provides for the hiring of a full-time coordinator, 17 part-time recreation personnel, and funds for materials, supplies, field-trips, etc. This is the second year that we have been approved for a grant for this program. Last year the grant amounted to $112,357. The grant allows for approximately 250 elementary school-age children to participate daily in meaningful, supervised recreation activities. The majority of the children are "latch-key" type children, that is, there is no adult supervision available to them as they return home after school. The program also provides an opportunity for many of these children to participate in recreation activities that they may not have otherwise had the opportunity to participate in. ACTION: CIty-Commission approval is requested in preparation for final approval by the CSC Council at its final TRIM meeting on September 27. RECOMMENDATION: Recommend-Commission approval of the CSC grant and grant agreement. l il . Contract No. 8 314 1989-90 GOVERNMENTAL UNIT AGREEMENT Page 1 AGREEMENT THIS AGREEMENT, entered into this day of October, 1989, by and between the Children's Services Council of Palm Beach .County, a political subdivision of the State of Florida (hereinafter referred to as "Council") and City of Delra~ Beach Parks & Recreation - After School RecreationjCh~ld Care Program, (hereinafter referred to as "Provider"), for the period from October 1, 1989, to September 30, 1990. WIT N E SSE T H: In consideration of the mutual agreements hereafter contained, the parties, intending to be legally bound, hereby agree as follows: 1. The Council agrees to reimburse to the Provider sums up to $136,315.00 for provision of services described in RFP # 89-000, attached hereto and made a part hereof as Exhibit A and in Provider's proposal dated March 6, 1989, attached hereto and made a part hereof as Exhibit B. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by the Provider shall be provided in compliance with all terms and conditions set forth in EXhibits A and B and in the Special Conditions attached hereto and made a part hereof as Exhibit C, as well as with the terms and conditions of this document. 2. The Provider agrees to comply with all applicable federal, state and local laws. 3. The Provider agrees to comply with the following requirements: a. To maintain books, records and documents in accordance with normally accepted accounting procedures and practices, which sufficiently and properly reflect all expenditures of funds provided by the Council under the Agreement. b. To assure that these records shall be available, upon reasonable notice, to inspection, review or audit by the Council and personnel duly authorized by the Council to make such inspection, review or audit. c. To maintain and file with the Council such progress, fiscal, inventory, and other reports as the Council may require during the terms of the Agreement. d. To include these aforementioned audit and record-keeping requirements in all approved subcontracts and assignments. GOV-NF14.Doc (BF) Sep 20, 1989 8:56 am . Contract No. 89-014 1989-90 GOVERNMENTAL UNIT AGREEMENT Page 2 e. To acknowledge, to the extent feasible and appropriate, Council funding of the program identified in Exhibit ftAft in publications, bulletins, pUblic relations activity, and stationery of Provider. 4. The Provider agrees: a. To retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) years following termination of this agreement or, if an audit has been initiated and audit findings have not been resolved at the end of the five year period, the records shall be retained until resolution of all audit findings. b. Persons dUly authorized by the Council shall have full access to and the right to examine any of said materials during said period. 5. To the extent provided by law, the Provider agrees to indemnify and hold harmless the Council from liability on account of any injuries, damages, omissions, commissions, actions, causes of actions, claims, suits, judgments and damages accruing, including court costs and attorneys' fees, as a result of services performed or not performed, or any negligent act by the Provider or funding granted or not granted by the Councilor any action arising out of the operation of this Agreement. 6. This contract may not be assigned or subcontracted to any other party by the Provider without the prior written approval of the Council. 7. The Children's Service Council acknowledges that the Provider is self insured and accepts the levels of self insurance provided by the provider. 8. The Provider shall not use or disclose any information concerning a client under the Agreement for any purpose not in conformity with federal and state laws and regulations except on written consent of the client, or his responsible parent or guardian when authorized by law. GOV-NF14.Doc Sep 20, 1989 (SF) 8:56 am . . , , Contract No. 8~-014 1989-90 GOVERNMENTAL UNIT AGREEMENT Page 3 a. The Provider agrees to establish and maintain procedures and controls acceptable to the Council for safeguardin~ records, so that no information contained in the Prov1der's records, or obtained from others carryin~ out the terms of the Agreement, shall be used by or d1sclosed by the Provider, its agents, officers or employees except as provided by law. b. It shall be the responsibility of the Provider to take all reasonable steps necessary to implement promptly such ~rocedures and controls in order to protect the pr1vacy of a client receiving services hereunder and in order to assure the maintenance of confidentiality of any medical or other information pertaining to any such client. 9. The Provider shall submit to the Council management and program data, includin~ client identifiable data as deemed essential by the Counc11. 10. The Provider shall furnish the Council with reports of the effectiveness of the program and include statistics and data on the number of persons served and such other reports and information that the Council may require. Said reports shall be made as requested from the effective date of this Agreement and in a format provided by the Council. 11. The Provider is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venturer with the Council. The Provider shall assume sole and exclusive responsibility for the payment of wages to all employees for services performed br them under this Agreement. The Provider shall, w1th respect to said employees, be responsible for withholding federal income taxes, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 12. The services provided by the Provider hereunder are provided on a non-exclusive basis, and the Council specifically reserves the right to subcontract with others for similar services. 13. Payments for services rendered pursuant to this Agreement shall be made to the Provider monthly on a reimbursement basis. Provider shall submit an invoice to the Council by the loth day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by the Provider under this Agreement, in whatever GOV-NF14.Doc (BF) Sep 20, 1989 8:56 am l . Contract No. 89-014 1989-90 GOVBRNKENTAL UNIT AGREEMENT Page 4 form reasonably required by Council. Subject to the availability of funds, the Council will provide reimbursement to the Provider within 45 days after receipt of the invoice. 14. The Provider agrees to return to the Council any overpayments made throu~h inadvertence or miscalculation or because payment is d~sallowed as not having been properly earned under this Agreement. Such funds shall be refunded in full by Provider to the Council as follows: a. Within twenty (20) days from the date of written notification by the Council to the Provider of overpayment or disallowance: or b. within thirty (30) days following the end of this Agreement. c. The Council shall have the right to deduct from any subsequent payment request submitted by the Provider, the amount of any overpayments or disallowed funds. 15. The Council may, for reasonable cause, suspend the ~ayment of funds pendin~ corrective action by the Prov~der or pending a decis~on by the Council to terminate this A~reement. The Council may, for reasonable cause, prohib~t the Provider from incurring additional obligation of any funds received from the Council, pending corrective action by the Provider or a decision to terminate this Agreement. Said suspension of payment of funds or obli~ation thereof may apply to all or part of the Prov~der's operations. Before suspending payment of funds to a Provider or preventing a Provider from incurring additional obli~ation of funds received, the Council shall notify the Prov~der, in writing, of the action to be taken, the reasons for it, and the conditions, if an~, under which the suspension will be lifted. Within f~ve (5) days of receipt of the notice of suspension, the Provider may request a hearing before the Council. Suspension shall be effective five (5) days after recei~t by the Provider, unless the Council has determined that ~mmediate suspension is necessary and so informs the Provider. If a hearing is timely requested by the Provider, the suspension will not be effective until a date determined by the Council following the hearing. The hearing will be held within a reasonable time after request therefore to consider an~ matters relevant to the suspension and will determine, ~n light of matters presented, if the suspension and any conditions imposed on reinstatement are warranted. The decision of the Council shall be final. GOV-NF14.Doc (BF) Sep 20, 1989 8:56 am . . contract NO. 89-0~4 ~9B9-90 GOV!lRNKENT~L UN:". ~GREEMENT page 5 16. In the event funds to finance this Agreement become unavailable to the council, the council may terminate this Agreement u~on no leSs than five (5) days written notice to tbe prov,der. The couocil sball be tbe final authority as to the availability of funds. 17. The council may terminate this Agreement for any breach by the provider. If the council intends to terminate this Agreement, notice shall be provided in writing to the provider no less than twenty-fOUr (24) bour' prior to the effective date of tbe teroination. Tbe council's failure to terminate or suspend a provider for past breaches of this Agreeeent sball not be construed as a waiver of its rigbt to demand strict compliance vitb the termS of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of tbe teros of tbe Agreeeent. The provider may teroinate this contrect witb or witbout c.use provided tbat PrOVider sb.ll give .i<<Y ,'0' d.ys notice in writing to council. Tbe council .b'" reicbnrse the provider for .11 monieS expended np to and including tbe effective date of the termination. 18. Notices: all notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the council: Barbara A. Kauffman, Executive Director Children'S services council of palm Beach County 3111 so. Dixie Highwa~, suite 243 west palm Beach, Flor~da 33405 For the provider: Joe weldon, Director Delray Beach parks & Recreation Department 501 N.W. 1st Avenue Delray Beach, Florida 33444 (407) 243-7250 GOV_NF14.DOC (BF) sep 20, 1989 8:56 am l . Contract No. 89-014 1989-90 GOVERNMENTAL UNIT AGREEMENT Page 6 19. This Agreement, which includes the attached Exhibits A, B & C, contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. This Agreement shall not be modified unless in writing and signed by both parties hereto. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their undersigned duly authorized officers. PROVIDER CHILDREN'S SERVICES COUNCIL CITY OF DELRAY BEACH PARKS & OF PALM BEACH COUNTY RECREATION - AFTER SCHOOL RECREATION/CHILD CARE PROGRAM By' 'Doak S. Campbell III Mavor Print Name/Title Date: By: Elaine Webb Alvarez, Chairman Date: APPROVED AS TO FORM & LEGAL SUFFICIENCY By: Thomas A. Sheehan, III Attorney for Children's Services Council of Palm Beach County GOV-NF14.Doc (BF) Sep 20, 1989 8:56 am . ~~~Q!!~~~ TO: Robert A. Barcinski Assistant City Manager FROM: J. Weldon ~) Director of~rks and Recreation DATE: September 18, 1989 SUBJECT: Approval of After-School Program Coordinator's Contract BACKGROUND: A-full-tIme coordinator's position is funded by the CSC grant for the Parks and Recreation Dept. After-School/Child Care Program. Being a grant program this person is hired as a contractual employee rather than a City Civil Service employee. Ms. Carolyn Parker performed well in this capacity during the first year of this program, and is being recommended again for that position for next year's program. ACTION: CIty-Commission approval of Ms. Parker as the After-School Program Coordinator is requested pending final of the grant by the CSC Council. RECOMMENDATION: Recommen~Commission approval of Ms. Parker and the contract for the position of After-School Program Coordinator. . ~ . . 4~ . ~ CITY OF DELRAY BEACH AFTER-SCHOOL CHILDCARE PROGRAM COORDINATOR CONTRACT This Contract entered into this 30th day of seotember, 198~ by and between the CITY OF DELRAY BEACH, hereinafter referred to as "the City" and Carolvn Parker , hereinafter referred to as "Coordinator". WHEREAS, the City of Delray Beach has provided for a after-school recreational childcare program for the use and benefit of the citizens of Delray Beach under the administration of the Delray Beach Parks and Recreation Department. WHEREAS, the City has determined it to be in the public interest to contract with an after-school recreational childcare coordinator for the purpose of assuring competent management of the after-school recreational childcare program in order to provide after-school childcare to the public of the highest quality and at a reasonable rate. NOW, THEREFORE, inconsideration of the mutual promises contained herein, it is agreed by and between the City and the Coordinator that: 1. Terms of the contract: a. The term of this contract shall commence on October 1, 1989, and shall end at the close of business on September 30, 1990, unless sooner terminated under the provisions of this contract. 1 . ", . , . , b. This contract may be renewed for a period of one (1) year. Said renewal may be instituted by the City with written notice to the coordinator within thirty (30) days of the expiration of this contract. The Coordinator and/or the City may, if they mutually agree to do so, alter the terms and conditions of this contract in the event the City renews said contract. c. The Coordinator may terminate this agreement by giving forty-five (45) days written notice to the City. The City may terminate this agreement with or without cause. Should the City terminate the agreement without cause, the City shall give thirty (30) days written notice of said termination. Should the City find it necessary to terminate this agreement for cause, this agreement may be terminated immediately with no notice. d. By execution and acceptance of this agreement and as further consideration to induce the City to enter into this employment agreement, the Coordinator hereby waives and forfeits any rights, if any, he may have as a classified employee of the City. This agreement contains all the employment provisions and conditions of the Coordinator's employment with the city. e. By execution and acceptance of this agreement, the Coordinator hereby acknowledges that the Coordinator is an independent contractor and is not an agent or employee of the City. 2. Services to be provided bv the Coordinator: a. The Coordinator shall be responsible to the Parks and Recreation Director or his designee for the operation and management of any after-school recreational childcare program. 2 . . b. The Coordinator, in conjunction with the Director of Parks and Recreation, shall develop a curriculum, recreational program and/or management plan for the provision of after-school recreational childcare services. c. The Coordinator shall insure that the after-school program provides adequate supervision and high quality recreational activities. d. The Coordinator shall work a forty (40) hour week. e. The Coordinator shall be present on the premises of the after-school recreational childcare program from the hours of approximately 9:00 a.m. to 6:00 p.m., Monday through Friday. f. The City may, in addition to termination of the contract as provided for in paragraph 1.C., above, suspend the coordinator with or without pay, cause deduction from pay, issue reprimands and memoranda advising of unsatisfactory performance, for any act considered to be contrary to the best interests of the City. 3. Salarv and Compensation: a. While this agreement is in full force and effect, the Coordinator shall be paid for his/her services hereunder the sum of nineteen thousand four hundred twelve and seventy-three dollars. ($19,412.73) annually to be paid in bi-weekly installments. b. Coordinator shall receive vacation or pension benefits from the City, as per current City POlicy. c. The Coordinator shall be entitled to holidays and sick leave as is currently provided to general employees. d. The Coordinator shall be entitled to hospitalization and other insurance as provided to general employees as per current City policy. 3 . L , , e. The Coordinator shall not be entitled to any other benefits with the aforesaid compensation constituting the only renumeration to be received by the Coordinator. 4. Non-discrimination Clause: a. The Coordinator shall operate the after-school , . recreat~onal childcare program without discrimination as to sex, race, age, creed, color or national origin. 5. Assiqnments and Subcontracts: a. The Coordinator agrees not to assign this contact, in whole or in part nor subcontract all or any or part of this contract, without the written consent of the City Manager. 6. General: a. The City shall supply additional personnel for the operation of the after-school recreational childcare program, the number of employees and their compensation to be determined by the City. b. The City shall provide the premises for the operation of the after-school recreational childcare program and maintain said premises. c. The City Manager shall be the sole arbitrator of any disputes of this agreement and his determination will be final. 4 . . d. The laws of the state of Florida shall govern any proceeding, action or suit brought pursuant to this agreement. Venue shall be in Palm Beach County, Florida. CITY OF DELRAY BEACH, FLORIDA By: Mayor Attest: City Clerk Approved as to legal form and sufficiency: Assistant City Attorney By: COORDINATOR Witness Witness REF:AFSCCONT.DOC 5 . ~ << MEMORANDUM DATE: SEPTEMBER 19, 1989 TO: BOB BARCINSKI, ASST. CITY MANAGER rW PAT CAYCE, HISTORIC PRESERVATION PLANNER STAN WEEDON, ASST. DIRECTOR, PLANNING & ZONING~ ACCEPTANCE OF THE CERTIFIED LOCAL GOVERNMENT GRANT .AWARD AGREEMENT BY THE CITY COMMISSION FROM: THRU: SUBJECT: BACKGROUND On October 17, 1988 the Historic Preservation Board received a letter from the State of Florida SOliciting applications for Certified Local Government (CLG) Federal grant-in-aid assistance for historic preservation projects. These are matChing or better grants. (The City was officially designated a CLG on November 22, 1988). The HPB recommended that the City apply for ~grant in the amount of $10,500, requesting a $5,000 from the Federal Government and a commitment of $5,500 from the City The Purpose of the grant is to fund a Delray Beach design guidelines book for historic restoration, rehabilitation and construction within local historic districts and/or designated local historic buildings. The HPB is required by Section 174.43(S) of the City Code of Ordinances to develop such a book. The City Commissioners voted, at the December 13, 1988 meeting, to approve the CLG grant application and to commit $5,500 of City funds (see attached letter from City Manager). However, a specific funding source has not been identified. The City applied for the grand on December 15, 1989. The HPB was notified that the Federal share of the CLG grant had been awarded in the amount of $4,000. We have received the Grant Award Agreement and have been advised by Ms. Susan Ruby, Assistant City Attorney, that the City Commission must vote to accept the Grant Award Agreement. SOURCE OF FUNDS Federal Share City Share Total $4,000 5,500 $9,500 . , . 43 . ACTION REQUESTED The CLG Grant Award Agreement acceptance be put on the City Commission agenda for the September 26, 1989 meeting and that the Commission approve the Grant Award and specify a source for the matching funds. Copy: Frank Spence David Kovacs . . Historic Preservation Grant Award Agreement A G R E E MEN T This AG~EEMENT drawn at Tallahassee, Florida by and between the State of Florida, Department of state, Division of Historical Resources, hereinafter referred to as the Department, and the City of Delray Beach, hereinafter referred to as the Grantee, relative to the Delray Beach Preservation and Conservation Manual ProJect, hereinafter referred to as the Project, is effective May 15, 1989 and ends June 30, 1990. WHEREAS, the Department is responsible for the administration of grant-in-aid assistance for historic preservation purposes under the provisions of Section 267.0617, Florida Statutes, and WHEREAS, the Grantee has applied for grant-in-aid assistance for the Project, and WHEREAS, the said application has been reviewed and approved in accordance with Chapter 1A-35, Rules of the Department of State, Historic Preservation Grants-In-Aid, and WHEREAS, grant-in-aid funds in the amount of four thousand dollars ($4,000) have been reserved for the Project by the Depal-tment; WITNESSETH, that in consideration of the mutual covenants herein contained, the Department and the Grantee hereby agree as follows: I, The Project, as approved for grant assistance, shall consist of the following authorized project work: A, Research, writlng, editing, photography, graphics, administration and l-eproduction necessary to prepare the Design GUidelines Manual, B, Preparation and submission of four (4) copies of the Design GUidelines Manual, II, The Grantee agrees to administer the Project in accordance with the General and Special Conditions Governing Grants and rh' Adm,ni,rr.r'" rn,rru,rion' ,or Hi,ror" 'r.,e _r,on ,,,jerr Arroun"hilirv .r,,'hed he"" " A"eohmenr "A", .nd rhe D.p.rrmenr-' ,ule lA-39, Florid' Admin"rrari,e code, .nd the following specific conditiOns: A. The Gr.nree .qree' ro ,omplere rhe ,roje,r hY June 30, 1990 .nd ,uh.ir . ,roje,r complerion ,eporr a' ,pe""ed in ^' ",,,en r " A", wr ", ,uhparaqraph', 1 ." · j1h1n 30 daY' 0' 'omplerion 0' proj.,r .or" HO ,o.r, ,n,urr.d prior ro M'Y 19, 1989 ar' .,iqih" ,or r.i.hur,...nr from grant funds. NO costs incurred after the above project work completion date will be eligible for r.,mhur,.m.nr unl'" ,p,'i'i,a11Y .urhOrir.d hY rh' Department before the cost is incurred. NO costs In,urred ,'rer rhe ,roje,r complerlon ,eporr i' .ppro,e' bY the Department are eligible for reimbursement. .. Fund. ,h,ll he e,pended ."ord'nq ro rhe 'ol10.,nq C, The Grantee shall be responsible for all work Total Federal share Non-Federal share $2,000.00 $1,848.00 $4,152.00 $1.500.00 $9,500.00 $4,000,00 $5,500,00 budget: Editor printing and Binding consultants production performed and all expenses incurred in connection with the project, The Grantee understands and agrees that any work performed or expenses incurred on the project is undertaken at the sole risk of the Grantee. Neither the Department nor the state of Florida shall be financiallY liable for any expenses incurred in connection wit11 the project by the Grantee or its professional consultants, contractors, or agents, D, The Grantee shall submit complete bid documents, including plans and specifications, to the Department for review and approval prior to the execution of anY contract for constructiOn work. E. The Grantee shall submit anY and all proposed -2- contracts for the procurement of goods and/or services relating to the Project, and all proposed contract change orders or amendments for review and approval by the Department prior to the final execution of said contracts and contract change orders or amendments; but said review and approval shall not be construed as imposition upon or acceptance by the Department of financial liability in connection with said contracts or contract change orders. F. The Grantee shall coordinate consultation between its professional consultants and appropriate Department staff representatives as necessary to assure mutual understanding of and agreement on the objectives, requirements, and limitations of the Project in relation to the state historic preservation program. G. The Grantee hereby agrees to indemnify and hold the Department harmless from any and all claims or demand for any personal injury or property damage resulting or occurring in connection with any activities conducted under this Agreement and shall investigate all claims of every nature at its expense, In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted under this Agreement, H, The Department reserves the right to cancel this Agreement unilaterally in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida statutes, and made or received by the Grantee in conjunction with this Agreement. I, Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof and bills for any travel expenses shall be submitted and paid in -3- accordance with Section 112.061, Florida statutes. J. The Grantee recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxe. on the services and/or goods or equipment purchased as an incident to such service. K. The state of Florida's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. L. All products must be in compliance with the fOllowing secretary of the Interior's Standards: Preservation Planning. M, In addition to the terms detailed in this Grant Award Agreement, all Federal requirements governing grants (Office of Management and Budget Circulars A-87 or A-21, A-102 or A-110, and A- 128) are applicable. N. The grantee is required to comply with the Single Audit Act of 1984 for state or local governments or the audit requirements of Office of Management and Budget Circular A-110 for universities and nonprofit organizations. III. The Department agrees to reimburse the Grantee, contingent upon availability of grant funds, and upon receipt and verification of the Grantee's request and documentation, for 50% of the allowable Project costs pursuant to and as defined in Attachment "A", of authorized Project work as defined in Section I above, up to a maximum reimbursement of four thousand dollars ($4,000) or the amount of actual cash expended by the Grantee .for project work, whichever is less, Reimbursement for project costs will also be contingent upon all authorized project work being in compliance with the aforementioned Secretary of the Interior's standards. The Department further agrees to the following conditions: A, The Department shall review and approve as to form -4- and content all proposed contracts of the Grantee for the procurement of goods and/or services relating to the project work and all proposed contract change orders or amendments prior to final execution of said contracts, change orders or amendments, but said review and approval shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. B. The Department shall review and approve detailed plans, specifications, and other bid documents for construction work relatlng to the Project prior to the execution of any contract for such work; review and comment on all preliminary reports and recommendations; and confer with the Grantee and its professional consultants as necessary throughout the course of the Project, to assure compliance with the objectives, requirements and limitations of the state historic preservation program, C. It is expressly understood and agreed that any articles which are the subject of, or required to carry out this Agreement shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the procedures set forth in the purposes of this contract the person, firm, or Section 946,515(2) and (4), Florida Statutes; and for this contract shall be deemed to be substituted for other business entity carrYing out the provisions of this Agreement insofar as dealing with such corporation, IV. This instrument embodies the whole Agreement of the . obligations other than those contained herein; and this parties, There are no provisions, terms, conditions, or Agreement shall supersede all previous communications, -5- representations or agreements, either verbal or written, between the parties hereto. No change or addition to this Agreement shall be effective unless in writing and properly executed by the parties. V. Any provision of this Agreement in violation of the laws of the state of Florida shall be ineffective to the extent of such violation, without invalidating the remaining provisions of this Agreement. VI. The fOllowing provisions shall apply for the vOluntary and involuntary suspension or termination of the grant by either the Department or the Grantee: A, Suspension. suspension is action taken by the Department which temporarily withdraws or limits the Grantee's authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to terminate the grant. 1. Notification. When the Grantee has materially failed to comply with the terms and conditions of the grant, the Department may suspend the grant after giving the Grantee reasonable notice (usually 30 calendar days) and opportunity to show cause why the grant should not be suspended. The notice of the suspension will detail the reasons for the suspension, any corrective action required of the Grantee, and the effective date of the suspension, 2, Commitments, No commitments of funds incurred by the Grantee during the period of suspension will be allowed under the suspended grant, unless the Department expressly authorizes them in the notice of suspension or an amendment to it, ~ecessary and otherwise allowable costs which the Grantee could not reasonably avoid during the suspension period will be allowed if they result from charges properly incurred by the Grantee before the effective date of the suspension, and not in anticipation of suspension or termination. At the discretion of the Department, third party contributions applicable to the -6- suspension period may be allowed in satisfaction of matching share requirements. 3. Adjustments to payments. Appropriate adjustments to the payments submitted after the effective date of suspension under the Suspended grant will be made either by Witholding the payments or by not allowing the Grantee credit for disbursement made in payment of unauthorized costs incurred during the suspension period. 4. SuspenSion period. SuspenSions will remain in effect until the Grantee has taken corrective action to the satisfaction of the Department or given written evidence satisfactory to the Department that correctiVe action will be taken, or until the Department terminates the grant. B, Termination is the cancellation of grant assistance, in whole or in part, under a grant or project at any time prior to the date of completion, 1, Termination for cause. The Department may terminate the grant in whole or i~part, at any time before the date of completion, whenever it is determined that the Grantee has failed to comply with the ter~s and conditions of the grant. The Department will promptly notify the Grantee in writing of the termination and the reasons for the termination, together with the effective date. Payments made to the Grantee or recoveries by the Department under grants terminated for cause will be in accordance with the legal rights and liabilities of the parties. 2, Termination for convenience, The Department or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the project would not produce beneficial results Commensurate with the further expenditure of funds, The two parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. -7- 3, Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing. Once initiated, no grant shall be terminated by the Grantee prior to satisfactory completion without approval of the Department. After the initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreement of the Grantee and the Department. Request for termination prior to completion must fully explain the reasons for the action and detail the proposed disposition of the uncompleted work, 4, Commitments. When a grant is terminated, the Grantee will not incur new obligations for the terminated portion after the effective date of termination. The Grantee will cancel as many outstanding obligations as possible. The Department will allow full credit to the Grantee for the Department's share of the noncancellable obligations properly incurred by the Grantee prior to termination. Costs incurred after the effective date of the termination will be disallowed. -8- IN WITNESS WHEREOF, the Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their signatures: WITNESSES: DEPARTMENT OF STATE GEORGE W. PERCY Director, Division of Historical Resources SUZANNE P. WALKER Chief, Bureau of Historic Preservation Division of Historical Resources CITY OF DELRAY BEACH WALTER BARRY City Manager -9- [Iry OF DELAAY BEA[H FIRE DEPARTMENT M E M 0 RAN DUM KEClQy 3. KGEN TO: MALCOLM T. BIRD, INTERIM CITY MANAGER KERRY B. KOEN, FIRE CHIEF SEPTEMBER 20, 1989 ATTACHED CONTRACT FOR THE SCHOOL BOARD OF PALM BEACH COUNTY FROM: DATE: SUBJECT: The attached contract for Emergency Medical Technology Training provides an opportunity for Emergency Medical students to spend a portion of their clinical training time on an active paramedic rescue unit. This has been a routine practice for some time and affords students direct observation opportunities in actual field situations. The students perform no procedures while with our rescue units. This one year agreement is mutually beneficial to both the School Board and the City and therefore it is recommended for approval. The attached agreement has been reviewed and approved as to form by the City Attorney's Office. \(~'b. ~._ Kerry B. Koen Fire Chief KBK/ew Attachments: 3 Copies of Contract Agenda Request cc: Capt. Trawick Asst. Chief Rehr . ~ . .-:. . ~ 4Lf . AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY AND CITY OF DELRAY BEACH FOR EMERGENCY MEDICAL TECHNOLOGY EDUCATION I. PARTICIPATING AGENCIES: The participating agencies in this agreement are The School Board of Palm Beach County, Florida, hereinafter called the "SCHOOL BOARD," and CITY OF DELRAY 8EACH, hereinafter called the EMS "PROVIDER." II. STATEMENT OF AGREEMENT: This is a mutual agreement between the administration of the Provider and The School Board of Palm 8each County, Florida, that the EMS Provider will accept Emergency Medical Technology students from the Vocational-Technical Education Programs for supervised learning experiences in the care of patients in accordance with the provisions set forth in this agreement. Whereas the parties hereto recognize that the School Board is in need of health care facilities to train vocational education students in the area of Emergency Medical Technology Education pursuant to the State Plan for Vocational Education of the State Department of Education and Palm Beach County School Board policies and procedures; And whereas the parties hereto recognize that interest in promoting those educational goals and objectives of the State Department of Education and the Palm 8each County School Board which further excellence in EMS; And whereas the Provider desires to provide the necessary EMS facility for observation and selected clinical experiences to assist this program both parties therefore agree, in consideration of the mutual covenants and agreements expressed herein, as follows: III. GENERAL PROVISIONS OF THE AGREEMENT: 1. The education of the student shall be the primary purpose of the training programs. 2. The School Board shall be responsible for the education of the student. 3. The School Board shall be responsible for selecting learning experiences for the students with the assistance and cooperation of the EMS Provider personnel. -1- . ~ . 4. The EMS Provider agrees to share in the education of the student through the cooperation and assistance of its EMS staff with the faculty of the School Board and in the guidance and supervision of the students. 5. The Provider agrees to accept a maximum number of twenty students and four classes per year for observational experiences. 6. Students will be involved chiefly in learning experiences through observation; however, in order to conform to the requirements of the Florida Department of Education Program Course Standards and the Department of Health and Rehabilitative Services Rules, didactic instruction reinforced in the clinical area will be offered by the provider. Any such instruction MUST be supervised by trained authorized instructors and such instruction shall conform to Chapter 100-66.58 (3) (e) and (f) 3. Rules of Department of Health and Rehabilitative Services. Emergency Medical Technicians shall be trained in the BASIC MINIMUM SKILLS as outlined in Chapter 100-66.56 (1) of HRS Emergency Medical Services Rules. 7. The School Board agrees to comply with the applicable established policies and practices of the EMS Provider. The EMS Provider shall be responsible for providing the School Board with all applicable established policies and practices of the EMS facility. 8. The School Board recognizes its liability for certain tortious acts of its agents, officers, and employees to the extent and limit provided in 768.28, Florida Statutes, The State of Florida's partial waiver of sovereign immunity, provided, however, this provision shall not be construed as a waiver of any right of defense that the Board may possess and reserves all such rights as against any and all claims that may be brought under this agreement. 9. The EMS provider will be liable for any acts of omissions for its employees. 10. The EMS Provider is an independent contractor and not agents, employees, partners, associates, or joint ventures of the 8oard. The students and faculty of the Board are not employees, servants, or agents of the EMS Providers but rather: 1) the students are students of the School 8oard, and 2) the faculty are employees of the School 8oard. There are no third party beneficiaries of or to this Agreement. IV. THE SCHOOL 80ARD'S RESPONSIBILITY: 1. To maintain standards recommended in the State Plan for Emergency Medical Technology Education of the State Department of Education and standards and procedures as outlined in the Florida Administrative Code of the Florida Department of Health and Rehabilitative Services. -2- . , t . ~ 2. To employ Florida certified EMT or Paramedic faculty who shall be responsible for implementing the philosophy and the objectives of The School Board and developing the curriculum. The faculty shall be responsible for: a. Selecting assignments in cooperation with EMS personnel and supervising students in their learning experiences. b. Planning for concurrent related instruction (informal and formal classroom) as needed to meet the objectives of the program. This instruction will be scheduled during the regular hours of the program. c. Maintaining individual records of class and clinical instruction, emergency medical technology practice, and evaluation of student competency and health. d. Preparing a clinical rotation plan for services to be used for experience and securing the written approval of the plan from the Director of the EMS facility prior to the beginning of the affiliation. 8efore any material changes are made in the plan, they will be discussed and approved in writing by the Director of the EMS facility. V. THE EMS FACILITY'S RESPONSIBILITY: 1. To make available to faculty and students EMS facilities and clinical services for planned learning experiences through observation and selected clinical experiences in the emergency medical technology curriculum. 2. To share and assist in the responsibility for the guidance and supervision of the students, particularly in restricted areas. 3. The EMS Provider may include members of the faculty of the School Board in EMS staff meetings when policies to be discussed will affect or are related to the emergency medical technology program. The EMS Provider shall, at all times, provide The School Board with written notice of the changes in EMS policy and procedures in a timely manner, especially as such policies and procedures relate to or affect the Emergency Medical Technology program. VI. THE SCHOOL BOARD POLICIES: 1. The educational program shall consist of no less than six hours per week of classroom instruction, laboratory practice and experiences in selected learning situations in hospitals and other health agencies. The division and arrangement of time to include the theoretical and clinical learning experiences shall be deter- mined by the faculty, and be based upon the needs of the students for specific learning experiences to meet the objectives of the program. -3- l . 2. The vocational school day is up to six and one-half hours, Monday through Friday. 3. Students will be regularly assigned for EMS experience Monday through Friday. 4. Students will be given holidays as provided for ln the regular school calendar. VII. REQUEST FOR WITHDRAWAL OF STUDENT: The participating EMS Provider has the right to request the School Board to withdraw any student from its facilities whose conduct or work is not, in the reasonable opinion of the administrator of the EMS facility, in accordance with acceptable standards of performance. The School Board may at anytime withdraw a student whose progress, conduct, or work does not meet the standards of the School Board for continuation in the program. VIII. TERMINATION OF AGREEMENT: If either party to this agreement wishes to terminate this agreement, at least thirty days' written notice shall be given by either participating agency, and termination including withdrawal of students and faculty from the EMS facility shall occur at least thirty days from receipt of written notice. For purposes of notice, the School Board representative shall be the Director of the Vocational-Technical Education Department, The School 80ard of Palm Beach County. IX. STUDENT INSURANCE: Each student will provide proof of professional liability insurance coverage with minimum limits of $500,000/$1,000,000. X. MODIFICATION OF AGREEMENT: Modification of the agreement shall be made only upon mutual consent of both parties and a contract addendum shall be executed by both parties hereto. XI. TITLE IX AGREEMENT: The participating agency agrees not to discriminate against any trainee in any manner whatsoever on account of race, creed, color, age, sex, handicap or national origin. XII. LENGTH OF AGREEMENT: This agreement will be effective for the fiscal year July 1, 1989, through June 30, 1990. -4- . . ~ . XIII. RENEWAL OF AGREEMENT: It is the intent of both parties to review this agreement each year and renew if approved by both parties. XIV. COPIES OF THIS. AGREEMENT: Copies of this contractual agreement shall be submitted to the office of the State of Florida Department of Health and Rehabilitative Services. Copies of the contractual agreement shall be placed on file 1n the Vocational-Technical Education Department. Dated this _____ day of , 19 Agency THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By Attest D0702CJA 8y Administrator Arthur W. Anderson Chairman (SEAL) Attest Secretary Thomas J. Mi 11 s Superintendent nbi/VOC/Form-EMT.(1-5) 165/5 9/1/89 -5- . Last Name Alfard Barletta Bellus Bilow Bisogno Blieka Bradford Brand Brooks Brown Brown Brunner Burgess Carow Cofman Colla Collins Collins Coltman Coltman Cooper Daly Danzig Dazey Dearstyne DeMarco DeMarco DePasquale DePasquale Diamond DiCorpo Doerr Donshik Donshik Doyne Drazba Dunn Ehle Ehle Eriksen Ewers Fasati Feldman Feldman Ferguson Fidel Fine Flaskamp Ford Fowler Frieder Gabel Genhold Gonder Gotz Gotz Grambow Green Greenhut Greenhut Grossman Hennessey Higgins Hoffman Hoffman Hoffman Howard Howard Howard Howenstine Hugh Hughes Humphreys LIST OF POLL WORKERS First Name Mary R. Rose Shirley Bernice G. Alfonso C. . Anna Regina C. Dorothy Dorothy Mattie C. Richard M. Edith Emily Phil Beatrice Frances Rollin Violet C. Jane John Celia Helen Sylvia Elaine Beatrice 1. Frances Walter J. Frances M. Louis Beatrice Marie F Betty Pearl Sidney Edith Margaret M. Ethel Elsie Otto Juanita Mae Mrs. Herman Lillian Myron Rina Leanore K. June Rose Anne R. Roy W. Lenore Raymond J. Josephine Ellen Esta Louis Victoria E. Gwendolyn Lillian William Lucille Dorothy William L. Esther John Mary K. Esther H. Rose William Hazel Helen Ira Frances M. Last Name Ives Ives Ivy Jiggins Kanir Kantor Kantor Keen Kellerman Kierstein Kierstein Koenig Kopietz Kopietz Kretsky La Londe La Lande Landy Laster Leff Legat Legat Lobel Long Lynch Macy Macy Malloy Maus McComb McManus Messer Morley Nigro Nigro Q'Flynn Ollmert Ollmert Orr Quaranta Papernik Parisi Pasquariello Pendill Phillips Piekarz Pittel Pluese Pluese Port Port Portner Prague Prague Purdy Purdy Reale Riegler Rog Rosenbaum Rosenbaum Rosenberg Rosenberg Rosenberg Rosenberg Rosenzweig Rosenzweig Rothberg Rothberg Royce Royce Rubin Ryan First Name Helen Irwin Lemon Agnes Lilyan Arlene Harold Betty Mathilde Ann Leo Wilma Eunice Walter Ethel George V. Miriam L. Harriet Iverson Herman B. Delena Mil ton Marion Helen Joseph A. Anthony J. June K. Frances Mary Patricia Margaret Cora L. Barbara Louis Marie Thomas Lois Richard M. Pat E. Angela Bertha Annette Al fred Edna Mae Lillian Nick Adeline John Mary Joel Rose Victor Burton S. Sylvia Z. Guy Velda Victor Henrietta Netty Albert Mildred Jack June Norman Sylvia Helen William Edythe Samuel Betty A. John A. Ethel Kathleen J. L{JS Last Name Sacks Schacher Scherer Schwartz Schwartz Seifert Selig Shpack Silverman Silverman Sloan Sloan Smith Sohmer Soloway Soloway Spade I Stackhouse Starr Starr Stillman Sti tzer Stokes Strompf Sullivan Swem Syrop Syrop Thomas Vanis Vanis Vedelli Vitale Walsh Walter Wieder Wieder wilson Winer Wolf Woodside Worthing Yorkilous Zipkin First Name Myra He len Mildred M. .Charles Ruth Claire Joan Max Bernard Ruth Annie R. J.N. Joyce Roslin Sidney Hattie Florence G. Ben Florence Milton Ann Warren W. Minnie Rose Terrance Ma rtha Anne Leonard Lenora Edward Lillian Joseph Rose Mary Martha Mr. Jean Rose Margaret Elaine Ruth Herbert Hallie Helen Shirley C I T Y COM MIS S ION DOC U MEN TAT ION TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER ~ri~ FRANK R. SPENCE, DIRECTOR ~LOPMENT SERVICES GROUP ~~~A~~~R DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 26, 1989 CONSIDERATION OF A REQUEST FOR EXTENSION OF A PREVIOUSLY APPROVED CONDITIONAL USE REOUEST - CHRIST MISSIONARY BAPTIST CHURCH VIA: FROM: ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an extension of an approved conditional use and attended site plan. The project is the proposed Christ Missionary Baptist Church~ was initially approved by the City Commission on March 8, 1988. BACKGROUND: Rev. Mitchell appeared before the Planning and Zoning Board and told of the difficulties which have been encountered in trying to get certified plans ready for this project. There have not been any changes in development regulations nor in the circumstances of the project or immediate neighborhood which would affect the previously made findings. PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of September 18, 1989, the Planning and Zoning Board unanimously recommended approval of the extension request. RECOMMENDED ACTION: By motion, approve the requested and site approval for Christ conditioned, for an additional this date of September 26, 1989. extension Missionary period of to the conditional use Baptist Church, as eighteen months from Attachments: face sheet of P&Z staff report site plan reduction ~ PLANNING 8 ZONING CITY OF OELRAY BOARD BEACH MEETING DATE: STAFF REPORT SEPTEMBER 18. 1989 AGEtIDA ITEM: IV. G, EXTENSION OF CONDITIONAL USE AND SITE PLAN APPROVAL FOR CHRIST MISSIONARY ITEM: BAPTIST CHURCH (SoW. 8th STREET) ,.. .' .. ~ . . . . . . " . . " , . ~ ;; .. . o. .. . . .. .. . . . r . . .. .' . GENERAL DATA: Owner........................... .Christ Mi.sionary B.l.ptlat Church Agent.......................... .Bert1 Gentry Gentry Engineering, Land Surveying, Inc.. Location....... .................North stde of S.W. 8th Street, between S.W. 2nd Avenue and S. Swinton Avenue. Property Size...................73.754 Sq. ft. 11.69 Acres) Community Redevelopment Pl.n....Single F4mily Residential City Zoninq..,.....,........... ,R-1A ISlnqle-F&IIlily Dwellinq District) Adjacent Zonlnq.................The subject property 1s surrounded by R41A .zoning. Existing Land Use...............Vacant land Proposed Land Use...............A 5.152 sq. ft. church with. seatin9 capacity of 100 people Water Service...... ............ . Extension of 6" wa.ter ma.in from S.W. 7th Street south, along the West side of the S.W. 2nd Avenue right-of.way ana the west side of the subject property. The proposed extension will dead-end at the SOUtwest corner of the site. Sewer Service................... Proposed 6" service line to tap into the existinq 8" qravity sewer on S.W. 8th Street. ITEM: IV, G. ~ -! / / t,.,~"1'''l.6r If{. I I~ Fe" ".. I , I to ;; L ~. ~i~ ~ r I 12..;~ ill' t.--14i ( -, '. , . , . - "... I '_I I . '~I " , ' '- '....1 I "- I c' . " . ~ . I I i I , i C. 6' ,-, 1 ~.. . to'~. '. , .. i I : I .H , ',r. 12: I'J> . ~ I ~. I ~ "'.1 " " ..' .i '" r' ('r ~i ~ I ., ~\ 2 ~ \ , 'r ., -(,-1' , Ii ~ '. . . "I ' \~ :l~j! Il~A, il ".:..,J :1 , . " ;. ,. I, , C'o ~ , , [, I o e . < .., . ~ ~ ,.. -" t , , " 2_4~ .. j',. , , ~ I' ~ -1 , ;, ~ " " ~c ..~ of . ~ , ~ .. , , . -~ to ~.' ;-..,;' ~= - ~ ~ , /'1 , " ~:,'I' ~" ,~ ~..' '.' I I I " l i i '1 .' ~. . . " . " . . ,. ;;,... ,. .:. " " "" " ;~~. 1-9 , - .. 'e' ~- -rrlO. <-- .0 .. I~ .- " 03.' 'll; . .. ~ , ~ ~ , .~': c -'-', II . , "I \.~~ (--:"-j i ~c-'_, "~1~ I, [:EJ .1, 'u' r\JZ . ,- - --' ~ ,: Fnl-' ~ I "~ ~ I' .,. I ~ I '\ \7 ., I ~ !I ;- , ~ ' < , ..; z:.;:; :,!. I , '" ,,~ " , ~ C' ;; 7 .. > I" . C. l"li . ,,~ " ~ ,~O ;~. I > ~l~, n "(\ ,. ;~~ i :~ ~ B !~.. '" , ' .... .. "'. , ~ .L ~5J ~ T. , , '" ...' ., \ \ (" , ,,-,:/~. ~I"'" I, Ie' t, L~:. I ,N ,-I" f . , I .1 -- - ':Ie'- - V""'~f""&'IIloI':' -!-01.-' t, ..;' Jo- _ ::..~ . _~ ..... ~- . .' " " 5 ..:;...._ .,to .l"'! 'l. '- 2.: 4. Do)' RESOLUTION NO. 67-89 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 abate 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) wdithil) the time designated at the hearing wherein a decision was ren erect aaverse 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 Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), t+1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City I s cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner 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 Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the 26th dav of September, 1989 has levied ~n assessment against said property for the cost of abatement of sa~d 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. of PASSED AND ADOPTED in regular session on this the 26th September , 1989. day ATTEST: MAYOR City Clerk - 2 - Res. No. 67-89 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION LOT 12, DECARIE SUB., PB 24, P 102, PUBLIC RECORDS, PALM BEACH COUNTY, FL (335 DECARIE STREET) LOT 18, BELLEHAVEN UNIT B, PB 27, P 27, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (313 SW 11TH AVENUE) LOT 2 & N6' OF LOT 3 (LESS W5' RD R/W), BLOCK 74 (OLD SCHOOL SQUARE HISTORIC DISTRICT), PB 11, P 12, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (239-239 1/2 NE 1ST AVENUE) LOT 15, SUB. OF 17-46-43, N 1/2 OF SE 1/4 OF SE 1/4 OF SW 1/4 UNREC., PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (901 SW 3RD COURT) N127' OF W 135' OF BLK 2, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (239 NW 8TH AVENUE) N65' OF W135' OF BLK 26, TOWN OF DELRAY, PB 5, P 64, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (245 NW 5TH AVENUE) S150' OF W 135.5' OF BLK 26, TOWN OF DELRAY, PB 5, P 64, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 5TH AVENUE) LOT 22, BLK 4, MONROE SUB., PB 14, P 67, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 1ST AVENUE) LOT 22, BLK 15, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY, FL. SW 7TH AVENUE & SW 3RD STREET) LOT 23, BLK 15, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (SW 7TH AVENUE & SW 3RD STREET) LOT 24, BLK 15, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (SW 7TH AVENUE & SW 3RD STREET) LOT 25, BLK 15, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (SW 7TH AVENUE & SW 3RD STREET) LOT 26, BLK 15, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (SW 7TH AVENUE & SW 3RD STREET) S50' OF N150' OF W135' OF BLK 14, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (109 SW 7TH AVENUE) OWNER E.O. JR & CYNTHIA BOOTH (HUSBAND AND WIFE) 335 DECARIE STREET DELRAY BEACH, FL. 33444 G. & DOROTHY M. MACK (HUSBAND AND WIFE) 309 SOUTH SWINTON AVENUE DELRAY BEACH, FL 33444 KENNETH C. & PATRICIA K. RODE (HUSBAND AND WIFE) ROUTE 1, BOX 191R HIAWASSEE, GA. 30546 MYRTLE WOODS 901 SW 3RD COURT DELRAY BEACH, FL. 33444 PEGGY G. STOKES 1100 SW 4TH AVENUE BUILDING 15 lIA DELRAY BEACH, FL. 33444 FREDERICK D. MC COY CIO MARY J. GREEN 4950 NW 15TH COURT MIAMI, FL. 33142 FREDERICK D. MC COY C/O MARY J. GREEN 4950 NW 15TH COURT MIAMI, FL. 33142 ALFRED STRAGHN 26 SW 5TH AVENUE DELRAY BEACH, FL. 33444 ALVAN E. MCFORD 17831 NW 47TH AVENUE CAROL CITY, FL. 33055 ALVAN E. MCFORD 17831 NW 47TH AVENUE CAROL CITY, FL. 33055 ALVAN E. MCFORD 17831 NW 47TH AVENUE CAROL CITY, FL. 33055 ALVAN E. MCFORD 17831 NW 47TH AVENUE CAROL CITY, FL. 33055 ALVAN E. MCFORD 17831 NW 47TH AVENUE CAROL CITY, FL. 33055 R.I. & MARYLIN S. BARON (HUSBAND AND WIFE) 6401 N. BAY ROAD NORTH MIAMI BEACH FLORIDA 33141 -3- ASSESSMENT $385.00 50.00 (ADM. COST) (RECORDING) $250.00 50.00 (ADM. COST) (RECORDING) $120.00 50.00 (ADM. COST) (RECORDING) $205.00 50.00 (ADM. COST) (RECORDING $ 70.00 50.00 (ADM. COST) (RECORDING) $ 70.00 50.00 (ADM. COST) (RECORDING) $ 70.00 50.00 (ADM. COST) (RECORDING) $ 80.00 50.00 (ADM. COST) (RECORDING) $ 23.00 10.00 (ADM. COST) (RECORDING) $ 23.00 10.00 (ADM. COST) ( RECORDING) $ 23.00 10.00 (ADM. COST) (RECORDING) $ 23.00 10.00 (ADM. COST) (RECORDING) $ 23.00 10.00 (ADM. COST) (RECORDING) $ 75.00 50.00 (ADM. COST) (RECORDING) Res. No. 67-89 COST vF ABATING NUISANCES UNDRR CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION LOT 19, BLK 12, MONROE SUB., PB 14, P 67, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 6TH AVENUE) LOT 7, BLK 3, LAK~ IDA GARDENS AMENDED PLAT, PB 23, P 192, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (400 NW 12TH STREET) N53.05' OF S153.05' OF W 151.47' OF BLK 6, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, (137 SW 8TH AVENUE) LOT 15, BLK 4, DELRAY SHORES, PB 24, P 233, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (CORTEZ LANE) S30' OF N90' OF E 135' OF BLK 10, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 6TH AVENUE) S50' OF N200' OF W120' OF BLK 25, TOWN OF DELRAY, PB 5, P 2, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 5TH AVENUE) LOT 8, BLK 15, OSCEOLA PARK, PB 3, P 2, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (SE 10TH ST & SE 2ND AVENUE) LOT 9, BLK 15, OSCEOLA PARK, PB 3, P 2, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (SE 10TH ST & SE 2ND AVENUE) LOT 23, BLK C, RIDGEWOOD HEIGHTS, PB 14, P 44, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (SW 7TH AVENUE) ALL OF PL IN PB 48,P12, FRIEDES PL NO 1, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (1 WEST LINTON BLVD.) LOT 23, CARVER SQUARE, PB 24, P 11, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (708 SW 2ND TERRACE) S50' OF N250' OF W135' OF BLK 24, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (317 SW 6TH AVENUE) THE SLY 85' OF THE N482.64' OF THE E 1/2 OF THE W 1/2 OF LOT 30 IN MTGE BK 611, P 556 (LESS THE PT IN DB 1029 P 416) OF , SECTION 20, PUBLIC RECORDS, PhLM BEACH COUNTY, FL. (GERMANTOWN ROAD) OWNER WILLIE & ANNIE ALBERT EST (HUSBAND AND WIFE) 34 NW 6TH AVENUE DELRAY BEACH, FL.33444 WILLIAM M. DEWITT 400 NW 12TH STREET DELRAY BEACH, FL. 33444-2971 FL. MARY M. MCCLENDON 137 SW 8TH AVENUE DELRAY BEACH, FL. 33444 A.W.&JANICE A.MARTINCAVAGE (HUSBAND AND WIFE) THOMAS&MARIE G.JACOB(H&W) 150 HAWTHORNE STREET BROOKLYN, N.Y. 11225 REBECCA HAYES C/O EDWARD DEMPS 663 5TH STREET SW VERO BEACH, FL. 32962 EDWIN C. IVY 519 SW 15TH TERRACE DELRAY BEACH, FL 33444 EMILIO & PATRICIA P.GARCIA (HUSBAND AND WIFE) P.O. BOX 3215 BOYNTON BEACH, FL. 33424 EMILIO & PATRICIA P.GARCIA (HUSBAND AND WIFE) P.O. BOX 3215 BOYNTON BEACH, FL 33424 IRENE COX 1106 SW 7TH AVENUE DELRAY BEACH, FL. 33444 LAWRENCE FREEDMAN GERALD FREEDMAN 8320 TWIN LAKE DRIVE BOCA RATON, FL. 33496 ROBERT L.& ROSEANNE M.HALL (HUSBAND AND WIFE) 708 SW 2ND TERRACE DELRAY BEACH, FL. 33444 JAMES E. CLINTON C/O FRANCINE CLINTON 1501 NW 1ST STREET BOYNTON BEACH, FL. 33435-2602 GOLDMAN & MATTIE M. CREASMAN (H&W) RT. U, BOX 362 ANDREWS, N.C. 28901 -4- ASSESSMENT $115.00 50.00 (ADM. COST) (RECORDING) $ 80.00 50.00 (ADM. COST) (RECORDING) $105.00 50.00 (ADM. COST) (RECORDING) $125.00 50.00 (ADM. COST: (RECORDING: $ 80.00 50.00 (ADM. COST) (RECORDING) $150.00 50.00 (ADM. COST) (RECORDING) $ 37.50 25.00 (ADM. COST) (RECORDING) $ 37.50 25.00 (ADM. COST) (RECORDING) $115.00 50.00 (ADM. COST) (RECORDING) $215.00 50.00 (ADM. COST) (RECORDING) $ 90.00 50.00 (ADM. COST) (RECORDING) $ 95.00 50.00 (ADM. COST) (RECORDING) $450.00 50.00 (ADM. COST) (RECORDING) Res. No. 67-89 COST -,,' ABATING NUISANCES UNDER l..JAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION LOT 21 & N 1/2 OF LOT 22 (LESS E5' RD R/W), BLK 109, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (72 SE 6TH AVENUE) S 1/2 OF LOT 22 & LOT 23 (LESS SR R/W), BLK 109, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (72 1/2 SE 6TH AVENUE) LOT 14, BLK 10, ATLANTIC GARDENS, DELRAY, PB 14, P 63, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (206 SW 10TH AVENUE) S80.26' OF LOT 4 (LESS W 550'), BEACH LOTS, DELRAY, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NORTH OCEAN BLVD. S 2 0' OF LOT 11, LOT 12 & N9' OF LOT 13 (LESS W 5' RD R/W), BLK Ill, TOWN OF DELRAY, PB 13, P 46, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (253 SE 5TH AVENUE) LOTS 1 & 2, BLK 65, TOWN OF DELRAY, PB 2, P 20, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (303 NORTH SWINTON AVENUE) SUB. OF N 1/2 OF SE 1/4 OF SE 1/4 OF SW 1/4 UNREC.,LOT 11, SEC. 17-46-43, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (921 SW 3RD COURT) N75' OF LOT 40, BLK 32, DEL RATON PARK, PB 14, P 9, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (AVENUE L) N75' OF LOT 41, BLK 32, DEL RATON PARK, PB 14, P 9, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (AVENUE L) N75' OF LOT 42, BLK 32, DEL RATON PARK, PB 14, P 9, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (AVENUE L) N75' OF LOT 43, BLK 32, DEL RATON PARK, PB 14, P 9, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (AVENUE L) N75' OF LOT 44, BLK 32, DEL RATON PARK, PB 14, P 9, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (AVENUE L) LOT 45, BLK 32, DEL RATON PARK, PB 14, P 9, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (AVENUE L) LOT 46, BLK 32, DEL RATON PARK, PB 14, P 9, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (AVENUE L) OWNER GEORGE F. KEENAN JR. 464 POND STREET BOSTON, MA. 02130 GEORGE F. KEENAN JR. 464 POND STREET BOSTON, MA. 02130 LONNIE CARRINGTON ET AL 1229 1ST COURT DELRAY BEACH, FL 33444 WILLIAM A. & ELIZABETH PERRY (H&W) 38 HIGH AVENUE NYACK, N.Y. 10960 JAMES T. MARTIN MANUEL RAMOS P.O. BOX 6642 WEST PALM BEACH,FL.33405 GLORIA J. LANG 20 NE 10TH STREET DELRAY BEACH, FL 33444 SAINVILCA & MARIE BRUNY (HUSBAND AND WIFE) 921 SW 3RD COURT DELRAY BEACH, FL. 33444 IRA LAND & HAROLD SCHLANGER C/O G. KEHRES P.O. BOX 1298 BOCA RATON, FL 33429 IRA LAND & HAROLD SCHLANGER C/O G. KEHRES P.O. BOX 1298 BOCA RATON, FL 33429 IRA LAND & HAROLD SCHLANGER C/O G. KEHRES P.O. BOX 1298 BOCA RATON, FL 33429 IRA LAND & HAROLD SCHLANGER CIO G. KEHRES P.O. BOX 1298 BOCA RATON, FL 33429 IRA LAND & HAROLD SCHLANGER C/O G. KEHRES P.O. BOX 1298 BOCA RATON, FL 33429 IRA LAND & HAROLD SCHLANGER C/O G. KEHRES P.O. BOX 1298 BOCA RATON, FL 33429 IRA LAND & HAROLD SCHLANGER C/O G. KEHRES P.O. BOX 1298 BOCA RATON, FL 33429 -5- ASSESSMENT $ 62.50 25.00 (ADM. COST) (RECORDING) $ 62.50 25.00 (ADM. COST) (RECORDING) $ 75.00 50.00 (ADM. COST) (RECORDING) B. $ 75.00 50.00 (ADM. COST) (RECORDING) $ 75.00 50.00 (ADM. COST) (RECORDING) $180.00 50.00 (ADM. COST) (RECORDING) $ 90.00 50.00 (ADM. COST) (RECORDING) $ 50.00 7.16 (ADM. COST) (RECORDING) $ 50.00 7.14 (ADM. COST) (RECORDING) $ 50.00 7.14 (ADM. COST) (RECORDING) $ 50.00 7.14 (ADM. COST) (RECORDING) $ 50.00 7.14 (ADM. COST) (RECORDING) $ 50.00 7.24 (ADM. COST) (RECORDING) $ 50.00 7.14 (ADM. COST) (RECORDING) Res. No. 67-89 COST ~- ABATING NUISANCES UNDER (.uAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION N69.S' OF LOT 9, BLK 78, TOWN OF DELRAY, PB 1, P 3, PUBLIC RDCORDS, PALM BEACH COUNTY, FL. (SE 2ND AVENUE & SE 1ST STREET) S50' OF N2S0' OF E. 13S'OF BLK 13, TOWN OF DELRAY, PB.l, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (20 SW 6TH AVENUE) LOTS 9 & 10, BLK 6, ATLANTIC GARDENS, DELRAY, PB 14, P 63, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (133-137 SW 12TH AVENUE) OWNER DOROTHY MAGER 553 WRIGHT DRIVE LAKE WORTH, FL 33460 ERROL GAYLE 20 SW 6TH AVENUE DELRAY BEACH, FL. 33444 C.F.JR. & CYNTHIA RIDLEY (HUSBAND AND WIFE) 137 SW 12TH AVENUE DELRAY BEACH, FL. 33444 ASSESSMENT $ 75.00 50.00 (ADM. COST) (RECORDING) $120.00 50.00 (ADM. COST) (RECORDING) $ 75.00 50.00 (ADM. COST) (RECORDING) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -6- Res. No. 67-89 RESOLUTION NO. 68-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY TO EXTEND THE LOCAL-OPTION TAX ON MOTOR FUELS AND SPECIAL FUELS. WHEREAS, the County of Palm Beach is empowered by Florida Statutes, Chapter 336, to levy a local-option tax on motor fuels and special fuels; and, WHEREAS, the County currently levies this tax and distributes the revenue so generated; and, WHEREAS, the Ci ty of De lray Beach shares in the revenue, from this tax, and uses this revenue for transportation related needs; and, WHEREAS, this tax is to sunset in 1996, so that it cannot currently be used as a pledge against new long-term bond issues; and, WHEREAS, the City of Delray Beach has identified $30.9 million of transportation related needs in its 1989 Comprehensive Plan, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach strongly urges the Palm Beach County Commission to exercise its option under Florida Statutes, Section 336.025, to vqte to extend this tax at its current rate for the maximum period permitted by law, and to distribute the revenue so generated according to the provisions of Florida Statutes, Section 336.025. Section 2. That the City Clerk is hereby directed to furnish a copy of this resolution to each member of the Board of County Commissioners and to the State of Florida, Department of Community Affairs. PASSED AND ADOPTED in regular session on this the 26th day of September, 1989. ATTEST: MAY 0 R City Clerk Af~ RESOLUTION NO. 71-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, VACATING AND ABANDON- ING ALL TEN (10) FOOT UTILITY EASEMENTS LOCATED WITHIN LOTS 1 THROUGH 22, INCLUSIVE, BLOCK 1, LOTS 7, 8, 11 AND 12, BLOCK 2, LOTS 6 THROUGH 12, INCLUSIVE, BLOCK 3, AND TRACTS "E", "F" AND "G" , ALL IN HANOVER SQUARE FIRST ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 53, AT PAGES 198 AND 199, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. WHEREAS, Richard Davison, as Trustee under a Florida Land Trust known as "Land Trust B", is the fee simple owner of Lots 1 through 28, inclusive, in Block 1, Lots 1 through 14, inclusive, in Block 2, Lots 17 and 18 in Block 2, Lots 1 through 12, inclusive, in Block 3, Lots 1 through 4, inclusive, in Block 4, and Lots 1 through 4, inclusive, in Block 5, all in Hanover Square First Addition, according to the Plat thereof, as recorded in Plat Book 53 at Page 198 of the Public Records of Palm Beach County, Florida; and, WHEREAS, Hooker Homes, Inc., a Georgia corporation, is the fee simple owner of Lots 15 and 16, Block 2, of Hanover Square First Addition, according to the Plat thereof, as recorded in Plat Book 53 at Page 198 of the Public Records of Palm Beach County, Florida; and, WHEREAS, Hanover Square Homeowners' Association, Inc., a not-for-profit corporation, is the fee simple owner of Tracts "E", "F" and "G" in Hanover Square First Addition, according to the Plat thereof, as recorded in Plat Book 53 at Pages 198 and 199 of the Public Records of Palm Beach County, Florida; and, WHEREAS, James A. Hahn/LJ Hooker Homes, Inc., as duly authorized agent for the above-named fee simple owners, has made application for abandonment of all ten (10) foot utility ease- ments located within Lots 1 through 22, inclusive, Block 1, Lots 7, 8, 11 and 12, Block 2, Lots 6 through 12, inclusive, Block 3, and Tracts "E", "F" and "G", all in Hanover Square First Addi- tion, according to the Plat thereof, as recorded in Plat Book 53 at Pages 198 and 199 of the Public Records of Palm Beach County, Florida; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interests of the City of Delray Beach to vacate said ten (10) foot utility easements lying within the Plat of Hanover Square First Addition, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177, Section 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following described real property: All ten (10) foot utility easements located within Lots 1 through 22, inclusive, Block 1, Lots 7, 8, 11 and 12, Block 2, Lots 6 through 12, inclusive, Block 3, and Tracts "E", "F" and "G", all in HANOVER SQUARE FIRST ADDITION, according to the Plat thereof, as recorded in Plat Book 53 at Pages 198 and 199 of the Public ))a Records of Palm Beach County, Florida. ~ I PASSED AND ADOPTED day of in regular session on this the , 1989. MAY 0 R ATTEST: City Clerk - 2 - Re s. No. 71 - 89 _.~ ~ I'. ,; I ,: t.~; -...::. - ) ,r~.!IICE$ ~..,.;.v{ ~ 5,. .1 7 : ' , .1 I .J J ,,, .j " -I 'I . , . . " '1 $ ! " SlAN-{)-. ~-, '* J.: r. -I Ie I , ,f I I '1 .r 10 . . '! I 'h .. " ;. ,. ~ : I I ,. I "'AL/~ '.-!' , J . , , t ~ 9 '0 ., " .. WEST ATLANTIC AVENUE " 'ao I I I~ I~ I I I I I I~ I~ I~ .... 0." ~ . . .. . . "TIa:ACT " .f :I 'A' .t---"J \ THF ~~J:4tES \~.. r' <t.'()" . a I .. .. I,;; 1 4..........0 ~T . ..' I ~ I' '9'>8 ~ @ .. ,.. '\(. "Z ~ . "{', '. ~'~- :" " ~ 141~ PI ~ , -'-- .J " --l:O..I.... '; i " If: . . ' .1: " .. . i , . .: , . .. , .. ~( w,,",_ ~ ~: J . " :: I" .. - - " " J . , I' '/ . .. , 1./ - ------ ~ HIGH ( OELR~ . POINT OF ~-- ""Ref L 3 I THE COMMONS 131<6 PAGE 51 Pll"Cf:L , , ; l' . EASEMENT ABANDONMENT HANOVER SQUARE 1st ADDITION _ ."C.T 1" - 500' I' ~ -" ..... 2~ ~ , I, I r ~\ . 3~' . .. r ".'H I ~7 Q,I! ~ ~, I' lr- , I ~I ( LAGO DEL RAY . . , ENGINEERING DEPARTMENT M E M 0 RAN DUM TO: MALCOLM T. BIRD INTERIM CITY MANAGER THROUGH: ~ R. SPENCE ~DIRECTOR DEVELOPMENT FROM: ~ LGATES D. CASTLE, P.E. ~ CITY ENGINEER SERVICES SUBJECT: ABANDONMENT OF CERTAIN UTILITY EASEMENTS WITHIN THE HANOVER SQUARE 1ST ADDITION (WINDY CREEK) DATE: SEPTEMBER 13, 1989 - - - - - - - - - - - James Hahn, representing Hooker Homes, has requested the subject abandonment. The various City Departments and utility companies have no objections to the abandonment request. An Agenda Request form is attached for this item. By copy of this memo to the City Clerk, it is requested that the necessary resolution be prepared for this item. GDC:slg cc: City Clerk (w/copy of Opinion of Title) Attachments . . , . ~ . ~ .' v OPINION OF TITLE To: The City of Delray Beach, a political subdivision of Palm Beach, County, State of Florida I hereby certify that I have examined (a) Title Policy Number .OPM-366535 issued by Attorneys' Title Insurance Fund, Inc., covering the period from the BEGINNING to the 7th day of June, 1989 at 11: 00 p.m. inclusive, (b) certified title update number 0099-500(ACQF) issued by Attorneys' Title Insurance Fund, Inc., covering the period from the 16th day of July, 1986, to the 20th day of July, 1989, at 11:00 p.m. inclusive, as regards the following described property: Tracts E, F, and G in HANOVER SQUARE FIRST ADDITION, according to the Plat thereof, as recorded in Plat Book 53, at Pages 198 and 199, of the Public Records of Palm Beach County, Florida. Basing my opinion on the title policy and certified title search covering said period, I am of the opinion that, on the last mentioned date, the fee simple title to the above-mentioned properties was vested in Hanover Square Homeowners' Association, Inc. Subject to the following encumbrances, exceptions: liens and other GENERAL EXCEPTIONS 1. All taxes for the year in which this opinion is rendered and for all subsequent years. 2. Rights of persons other than the above owners who are in possession. 4 . liens. 3. Facts that would be disclosed upon accurate survey. Any unrecorded labor, mechanics', or materialmen's 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS 6. Excepting any existing Rights-of-Way for any and all public utilities, in favor of Lake Worth Drainage District as set forth in Deed dated February 28, 1946, filed in Deed Book 758, Page 452, of the Public Records of Palm Beach County, Florida. 7. Subject to the terms, conditions and provisions of that certain Agreement for water service with the City of Delray Beach, Florida, dated February 8, 1980, and recorded in Official Records Book 3267, Page 952, of the Public Records of Palm Beach County, Florida. 8. Restrictions dated November 30, 1984, 1985, in Official Records' Book 4484, Page 84, Records of Palm Beach County, Florida. filed March 6, of the Publ ic 9. Restrictions and Easements contained in Plat of HANOVER SQUARE, filed August 8, 1984, in Plat Book 48. at Page 192.. of the PUblic Records of Palm Beach County, Florida. 10. Easement dated May 22, 1987, filed July 24, 1987, in Official Records Book 5363 at Page 568, of the Public Records of Palm Beach County, Florida. ~ 1 - ,,;. '<../ 11. Restrictions and easements contained in Plat of HANOVER SQUARE FIRST ADDITION, filed July 16, 1986, in Plat Book 53, at Page 198, of the PUblic Records of Palm Beach County, Florida. I,. the undersigned, further certify that I am an attorney- at-law duly admitted to practice in the State of Florida and am a member in good standing of the Florida Bar. Respectfully submitted this 31st day of July, 1989. ~~ an Carson Cheezem, Attorney-at-Law Jan Carson Cheezem, P.A. 777 Brickell Avenue Suite 1116 Miami, Florida 33131 (305) 371-9808 \windycrk\opinion2.tit 31. VII. 89 (2) - .- 2 CITY COM MIS S ION DOCUMENTATION TO: ROBERT ~BARC~N~SKI /ASSISTANT CITY MANAGER ~ -// .' FRANK R. SPENCE, DI ECTOR ~LOPMENTSERVICES GROUP ~eu.:J J ~u~ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF SEPTEMBER 12, 1989 CONSIDERATION OF A REPLAT FOR A PORTION~ WINDY CREEK, aka Hanover Square ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a replat for a portion of the former Hanover Square Plat, now Windy Creek. This replat involves 66 lots in an S.A.D. which is developed to zero lot line standards. The project is located on the north side of Atlantic Avenue. BACKGROUND: This project follows on the approval of a modification to the Hanover Square S.A.D.. A replat 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. In addition, a change in street name from NW 41st Avenue to Windy Creek Lane is accommodated in this replat. 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 replat for WINDY CREEK, a portion of Hanover Square. 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/CCWINDY.TXT SD .i:: ': ~ ~.. ~.:. "?( . PLANNING B ZONING CITY OF OELRRY BOARD BEACH --- STAFF REPORT MEETING DATE: AUGUST 21, 1989 AGENJA ITEM: IV. I CONSIDERATION OF FINAL PLAT APPROVAL FOR WINDY CREEK (aka HANOVER SQUARE) LOCATED ITEM: ON THE NORTH SIDE OF W. ATLANTIC AVENUE, BETWEEN HOMEWOOD BLVD. AND HAMLET DR.. IF EXTENDED NORTHWARD. .-" .. #. .,' . . - 'r-= ~ ~- , .' I .': ~ ~ ~ ~~ 1 ;, . ....:~ I" " ...., f.i. ,',.< 1 .'-" ,0. ,1<1 ,6' . . . HIGH POINT OF Of:LRJ ~~: @1:'>1 --., THE COMMONS . II< 6 PoIlGE 51 -.. . -.. , WEST ATLANTIC AVENUE ;.;, . t . , GENERAL DATA: owner...........................L.J. Hooker Homes, Inc. I\qent........ 00 00 00.. 00...00 00 00 James 1\. Hahn Locatlon........................North side of W. Atlantic Avenue, between Homewood Boulevard and Hamlet Drive, if extended northward. Property Size.................. .12.66 Acres Existinq Land Use Plan..........MF-6 (Multiple Family - 6 unitsl acre) and SF (Sinqle Family) Proposed Land Use Plan..........Low Density 0-5 du/acre City Zoninq.....................SAD (Special ~tivities District) ~jacent Zoninq.................North of the subject property is zoned County as (Sinqle Family Residential District). South is zoned GC (General COIIIIIerciall and R-ll\ (Sinqle-Family cwellinq District). East is zoned GC and RM-10 (Multiple-Family Dwellinq District). West is zoned County AR ll\qricultural Residential Distr ict I . -.. Existing Land Use...............Sinqle family zero lot line homes proposed Land Use...............Single family zero lot line homes Water Service.................. .Existing on--site Sewer Service.................. .Existing on-site ITEM: IV I :: .... " .::, ~ .<~- , "( ,r '. ::~: "~~ ~, :~ .-' ;; M 0 .., '"' M ..... .. V> M .n '" ... .. '" V> '" .. " M ~,~" ~V;d V. 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Ani:, -:it.., ~~... II . ,,~, ''':/'' ......', .".,,,.. ~~_~, _ 4 _, _ , . . ~'~...., '''.u~4 4 ~ -44'.5, t =, ~ .,.." 5" = · :~>' L )I ~ i "':' ~ ",!, ~ ~ ~ l "'~, :: v>.! I.. .! ~ 1M.! i ,,":' _ 4 4 8.0 ~o- .,. "II'~ '. '" '" 11'11 , - ~ ~II.. 0 '" ! II .sr"tll ii II ~II -~ ~ - il ~~ ~: . w. ." '11 --"--..:~I .01 iii ..... "01 os ..... .rr,..:MI J.tl...... .... i .... .... . . .... ..... ny",,;, IIOJ CrJJY:)Ia:Ja1 ;,y 0""0 'rJa'y ,J. ~JV~~ . ~ ri' "<-, [ITY OF DELAAY BEA[H 100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 M E M 0 RAN DUM TO: Malcolm T. Bird, Interim City Manager THROUGH: John W. Elliott, Jr., Assistant City Manager/ Management Services FROM: ff~ Ted Glas, Purchasing Director DATE: September 12, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ SEPTEMBER 26, 1989 - BID AWARD - BID #89-71 18KW-20KW GENERATOR FOR FIRE DEPARTMENT Item Before City Commission: The City Commission is requested to award contract to low responsive bidder, Casper Engineering Corporation in the amount of $11,446. Per the BUdget Office, funding is from: $9200. - account #333-2311-522-60.89 (FY 87-88 Utility Tax Construction Fund - Equipment - Other); $2,246. - account #001-2315-526-33.39 (FY 88-89 Fire/EMS Operation - Repair & Upkeep Other) Background: This purchase involves furnishing and installing a generator in fire apparatus unit F8884 Support-1. generator will provide emergency scene lighting and for tools, as well as provide back-up emergency power fire station if necessary. Bids for this purchase were received on July 26, 1989 from six (6) vendors, all in accordance with City purchasing procedures. (Bid #89-71. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. diesel This power to a The low bid submitted by Devine Engine & Generator does not meet City specifications in that they are only offering a 15 KW generator. City specifications call for a minimum 18KW _ 20KW generator for the intended application. This bid is considered by staff to be unresponsive. The second low bid submitted Corporation meets specifications. Recommendation: Staff recommends award to the low responsive bidder, Engineering Corporation for the amount of $11,446. as outlined above. by Casper Engineering Casper Funding Attachments: Tabulation of Bids Memorandum from Fire Department pc Yvonne Kincaide Chief Koen ,,~ lr1 407/243-7000 51 ~ T,..,= E=e:Cfn AL:,AY" MATTERS i I 1: l g 0 o. -co :I:I e:o e:o e:e>.... 0 r~ 'OJ> OJ> Z'O Z'O Zm", :I ~ J>th oz ....... ....... ....z" :I Z .... :0.... me: ....... ....... "'mE m < ...n r-.., 0 0 '" Z ... m th J> 'OZ 'OZ 'OJ>... < ... .... '" ~ ..n :0 '" "''''0 m th :I -< POJ> ... ...... ...... ....0 Z ..... m :0 e: nco nJ> n"'N 0. m oo ... r-", '" '" '" m 0 0 X ~.... ])]) m .. .. '.1>::-: '" n :I coz '" th~ oo m '" 0... '0 :0-< ..... thO ... :; - .. '0.... .... mm 0 nth Z ....'" th ."r- oo .... me> Om oo Z th m ... n = ~~~gg .. g ?f ~~ .... .... '" 21 '" CO 0 .. ~ 8 . 1'1 = : "".... II \,/I 0 '" ... ':' 21 8 ....' . . 0="0".... .... &' '4 . 8 .. II .. ll'., 0 ~ .. $:S' 8 G'l .. 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Co '" III n E .. . ~ ;ij 0 <-. '" n ... .... co " :E " ,; co " :E 0 ,., " '" r- " ,., ~ G ,., " '" z ,., '" '" ... ~ :' '" c '" .' " - r- Z Z C 0 tt c:: " c:: c :) ... r- '- r- oo( " c' ,~ , ~ ~":"'~'-~::..11._~..- I ,I '. ..=i,;.-'" '..:;"" .......~....... ...._. .-.J. I I t [ITY OF DELRAY BEA[H FIRE DEPARTMENT I;', f.: ii r~: V B 1\ 0 E ~J M E M 0 RAN DUM TO: THRU: FROM: DATE: SUBJECT: MALCOLM BIRD, INTERIM CITY MANAGER KERRY B. KOEN, FIRE CHIEF~ M. B. WIGDERSON, ASSISTANT FIRE CHIEF SEPTEMBER 7, 1989 PURCHASE OF EQUIPMENT - 18-20 KW GENERATOR The attached requisition is for the purchase of an 18-20 KW portable diesel powered generator to be carried on our Support Unit. The purpose of this generator will be to provide emergency scene lighting; electrical supply for a variety of power tools: and to power our fixed site air compressor at Fire Station No, 4 used to refill self-contained breathing apparatus air bottles in an emergency, This unit will be portable, but sufficient to provide back-up emergency power to a Fire Station if necessary, The total cost of this equipment is $11,446,00. Partial funding for this purchase has been budgeted from the interest on the Utility Tax Bond, Line Item #333-2311-526-60-89, in the amount of $9,200,00 The balance of the funding $2,461,00 is budgeted in our Operating Budget, Line Item #001-2315-526-33-39, This purchase was delayed due to time needed to research new equipment. (See attached correspondence to Mr, Barcinski) This is a budgeted item and does not relate to a direct cost saving to the City, as it is new, additional equipment that is part of our Support Unit equipment complement, ,'l' ! li' u.)~c/t/t: A,. M, B, Wi~derson Assistant Fire Chief MBW/mrnh Attachments r' [Iry OF DELAAY BEA[H .,- ,- ".7 ". 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. Elliott, Jr., Assistant Cit~ Manager/ Management Services FROM: Evaluation Committee DATE: September 5, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ SEPTEMBER 26, 1989 - CONTRACT AWARD - RFP 89-59 PURCHASING/INVENTORY SOFTWARE Items Before City Commission: The City Commission is requested to award contract for purchasing/inventory software to HTE, Inc. at a cost of $25,400.00 plus travel expenses, not to exceed $1000. Per the Budget Office, funding is from account #001-1531-513-60.86 (General Fund - Purchasing Capital Outlay) . Background: Monies were placed in the 1988-89 budget for the purchase of purchasing/inventory software module as part of the City's computerized government managerial and bUdgetary accounting system. This system will track purchases from the preparation of a requisition to issuance of a purchase order, and from receipt of material to vendor payment. Requests for proposals were solicited, and on June 28, 1989 one (1) submittal was received all in accordance with City purchasing procedures (RFP #89-59. Documentation on file in the Purchasing Office,) A tabulation of proposals is attached or your review. Since only one proposal was received, a telephone market survey was conducted of other software vendors to determine why they did not submit, per attached survey. A demonstration of the HTE software was held in City Hall on August 21, 1989, with representatives of HTE showing how the system performs, Other cities were /inventory system. software. contacted who use Responses were the HTE purchasing favorable for the HTE has stated that the travel expenses for installation and training will not exceed $1000. 6\B T",,, Ecc0PT Al'NAY~ MATTERS Recommendation: The evaluation committee purchasing/inventory software cost of $25,400. plus travel above. Evaluation Committee: Director Mn~j Yvonne Kincai e BUdget Director ffd~ Ted Glas Purchasing Director TG/tpc Attachments: Tabulation of Proposals Market Survey recommends award of the contract to HTE, Inc., at a expenses. Funding as stated ~~ M.~W,...~ David Huddleston Finance Director C07JQ, <JJ ' Frank Deering ~ Internal Auditor 0 -l 0 0 3: -l 3: ]) ", r z -l 0 CIJ 0 '- CIJ ", -I X .. 0 ", '0 -I H 0 Z CIJ .. "''0 Xr ~ 'OC IV "'CIJ l/1 Z . CIJ-I ~ ::z: "';0 0 -l ClJD 0 ", < ", * r - Z (f) 0 C '0 00 '0 H 0 '=' ;0 -I Z ", -I Z OD 0 OC C-I 00 ZO H (JJ3: 0 "'D r-l OH ;00 ClJZ Z Dr 0 (ry D (f)::E 00 o (ry H no 0 HZ D -I ", 01 l . < ", z o o ;0 en Z D 3: ", '0 ;0 0 '-' ", 0 -I ;0 GJ ." 0 '0 < ", Z ;0 0 z 3: ", #Z -I OOD 'l)r I Ll1'O oiJC ;0 0 ::r: D en H Z GJ H Z < ", Z -l 0 ;0 -< en 0 ." -I ::E D ;0 ", -I D 00 C r D -I H 0 Z 0 ." '0 ;0 0 '0 0 (ry D r (ry c... - Z fT1 oJ co ~ .[) 00 .Q ............. rsb!;E!:fQt:!s_!'!88t;!f;r_Ei!JB',!!f;Y J!JbLll..._11~1' EQ!L E'!JB~!:.fej:1.HJg_j:1QEIY.!BBs_ BEE'_~~1'=;;!1' NAME OF FIRM REASON FOR NOT SUBMITTING A PROPOSAL ------------------.-------------------------------.-----------.- I. b8Y.!eQt:!_egEiQ~!eIse Mi nneapol is, ~lN (Sherry Shor't) 2. !~EQBt!eI !'Q!'LI~!:;t!~QbQGY e~eQ!;;!e!!Q~ Tampa, FL Webb i e Bi 11 er ) ~. E'AQ~e~sQseb..._!~~~ Indianapo1 is, IN (Shar-een Putnam) 4. e!HQt!€!nQ~_QQ!,INel;":;bQBe F,-ed"ick, Maryland (SLle Beni tez) 5. b;Qt!E!JIsB_!'mm:tLLeEE'b~ HOLlston, TX (Emanual McMahan) 6. I;js~sQl!L6seQ!J8!;;1~U1gI" Mansfield, MA Unable to respond because their software products are designed exclusively for Unisys A Series. Do not provide software for the System 38. Shareen was on vacation. No other explanation given. Can np!;, meet requirement of system in operation few at least .:;, years. No longer sell Financial Type Software. No longer in business. Telephone disconnected. . . . . . [ITY OF DELAAY BEA[H 100 NW iot AVENlJE OELRA Y 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 FROM: Ted Glas, Purchasing Director ~~ DATE: September 6, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ SEPTEMBER 26, 1989 - BID AWARD - BID #89-83 LANDSCAPING NORTH WATER PLANT Item Before City Commission: The City Commission is requested to award contract to responsive bidder, Lush Landscaping & Design, Inc, in amount of $10,948, Per the BUdget Office, funding is account #441-5123-536-33,31 (Public Utilities Distribution - Repair & Upkeep BUildings). low the from Water Background: The project provides a landscape buffer around the perimeter of the North Water Plant Complex in order to mitigate the impact of the facility in the surrounding residential neighborhood. Bids on the project were received on August 23, 1989 from thirteen (13) contractors, all in accordance with City purchasing procedures, (Bid #89-83. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review, The low bid submitted by Top Branch Nursery does not meet City specifications in that they would provide a smaller size Raphiolepis "Majestic Beauty" than called for, This bid is considered by staff to be unresponsive, The second low bid submitted by Lush Landscaping & Design, Inc" meets City specifications. Recommendation: Staff recommends award to the low Landscaping & Design, Inc, for Funding as outlined above. responsive bidder, Lush the amount of $10,948. TG/tpc Attachments: 'f"al'iti1atio-ll- -of Bids Recommendation from Horticulturist Recommendation from Director of Public Utilities pc William Greenwood '{vonne Kincaide Nancy Davila $ (c.... .- , ,.:., 'V1 ~ '-::;"5 .- c;; :3 3 " z ..; " , n "- ,.., n ~ ..:; o Z c..? I F!~t::~ ill ~ 00 n jooJ. S !" :"&.8. ~ co 8P.~:P 'f. ~~~~.... 8 OQ"~I:,.I ~~8g. 8 ~ ".. ... ... o . 0... ... . '" "'" z,... o .... o " ..~ ...... "'. I ' '" .... ... li'=-lrIllI ~~~=:C;;.: ~ '1 C g:: '" t:.. Go.. 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Q ~ ~. ,,"'. · a ;l '" :" ..., -0 '" ?' .. -0 '" ..., '" ~ ..., ?' ~. ~ 8 a.("" ~f. ..~: g :" ... '" '" '" '" '" ..., . '" ... . . ... '" .. '" . . . '" . '" . ~ '" . 0 . . g, " bi .. ~ . f 0 ~ . . . . o 0\...... "'" ... . ... ... ..... n.....,.8~~O . ... ... ... ... " n I III .... n ",- . '" . i n . 00..... ....18 . ,." ill ..... ~ ~ '" I fti't:U... n n "'" OQ It III It Cell" a. "" D '" n "'" .... OnwCl I cn cn w "",. '" o 'a I.... "'" IN,.,. 0 a; c .. M,., "'... 0" .....l:r'Nl.oI M_,.., 0\"....0"0 ~ o. . . . ,. 8 . . - H =-" .... '.. a ... I " I ." " o ... en " ... "'~ ..." oz o Z (/1 0" 1> ." ..~ Z CO'" ..; , z ,"0 I.~ " ... >: ~ '" " - ~ ~ ... " CO C ~ D ... ~ o z o w ... o V) ~ D ... '" ~ ~ " " ... ..; CO ..; f' j MEMORANDUM To: Ted Glas. Purchasing Administrator From: Nancy Davila. Horticulturist/Special Projects Coordinator Re: RECOMMENDATION FOR AWARD OF BID/LANDSCAPING NORTH WATER PLANT Date: August 29. 1989 , I have reviewed the landscape bids received for'the North Water Plant Bid #89-83 and recommend that the bid be awarded ~ Lush Landscaping! DesiRn. ~ in ~ amount ofm.m.OD.'- Although Top Branch Nursery submitted a bid for $9.331.50. they were unable to provide the Raphiolepis 'Majestic Beauty' at the size.' specified. and therefore have been deemed an unresponsive bidder. c: Bill Greenwood Lula Butler I RECEIVED SEP0589 PURCHASING MEMORANDUM TO: Ted Glas Director of Purchasing William H. Greenwood AV4fJ1~116r Director of Public Utilities FROM: SUBJECT: LANDSCAPING NORTH WATER PLANT Bid #89-83 DATE: September 1, 1989 Staff has reviewed the bids submitted on bid #89-83 landscaping of the North Water Plant. Staff concurs with Ms. Nancy Davila, Horticulturist/Special Projects Coordinator recommendation to award the bid to Lush Landscaping & Design, Inc. in the amount of $10,948.00. This bidder was the lowest responsive responsible bidder on the project. Top Branch Nursery submitted however they were unable to Beauty' at the size specified unresponsive bidder. a bid in the amount of provide the RAPHIOLEPIS and therefore have been $9,331.50, 'Majestic deemed an cc: Robert A. Barcinski, Asst. City ManagerlCS Nancy Davila, Horticulturist/Special Projects Coordinator Lula Butler, Director of Community Improvement '. [ITY OF DELRAY BEA[H r , 100 NW. 1st AVENUE DELAAY BEACH. FLORIDA 33444 305/243.7000 M E M 0 RAN DUM TO: Malcolm T. Bird, Interim City Manager THROUGH: John W. Elliott, Jr., Assistant City Manager/ Management Services FROM: Ted Glas, Purchasing Director 1i.-#- DATE: September 12, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ SEPTEMBER 26, 1989 - BID AWARD - BID #89-74 INSTALLATION OF TOILET PARTITIONS Item Before City Commission: The City Commission is requested to award contract for toilet partition installation to low responsive bidder, Santana Products, Inc., at a cost of $15,419. Per the BUdget Office, funding for the work is from account #001-4131-572-33.31 (General Fund - Parks Division _ Repair & Upkeep BUildings). Background: This project is part of the ongoing program to renovate the restrooms of the beach front parks. This renovation to be at Archer Park and Atlantic Dunes Park. Bids for this work (2) vendors, all procedures. (Bid Purchasing Office.) your review. were received on August in accordance with #89-74 Documentation A tabulation of bids 9, 1989 from two City purchasing on file in the is attached for The low bid submitted by Mardale of America, Inc. deviates from City specifications in that instead of offering a firm price, their bid price is only valid for seven (7) days, then to allow for price escalation. This bid is considered by staff to be un-responsive. The second low bid submitted by Santana ProdUcts, Inc. meets City specifications. Recommendation: Staff recommends award to Products, Inc. for the outlined above. the low responsive bidder, Santana amount of $15,419. Funding as TG/tpc Attachments: Tabulation of Bids Recommendation of Director of Parks & Recreation pc Yvonne Kincaide Joe Weldon SID THE ECCC'RT AL.'JAYS MATTERS r t f: I 1 I ; r , MEMORANDUM TO: Ted Glas Director of Purchasing FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Bid *89-74 - Toilet Partitions DATE: September 11, 1989 , Attached please find a spread sheet for the installation of restroom partitions at Anchor Park and Atlantic Dunes Park (Bid #89-74). This is a continuation of our program to upgrade the restrooms at our beach front parks and Gleason Park restrooms have been completed. The apparent low bidder is Mardale of America, Inc. at $15,282.50; however, Mardale' has a price escalation clause which I understand is contrary to our bid specification and will not complete the project for sixty (60) days. I recommend that the bid be awarded to Santana Products Inc. for an amount of $15,419.00 who can complete the project in fourteen (14) days. I have forwarded a bUdget transfer request to the Assistant City Manager and this should be charged to account #001-4131-572-33.31. Parks and Recreation JW: jmh REF:JW275 cc: Robert A. Barcinski, Assistant City Manager I' ,t ~.:' ..... ... ~.;" .. ... i , ....i n crlt. .. ii ncr.. ~ .... . .... " ~ . . . ~ .. f'II e ~... ~o"l ~O....~ 22 " .. . . "'Olo~ "'01f1'l '" Z ...'" III 0 J)i ... i!iH~a :i Oi ... "''''''gza < n ... n ... ..j .. < '" ... <'" 0.,. . '" ... III /I .. . .z , Ill... J) . Z .... , ... 8 .. tlr .... i n~ III n~~ ... ..~ J).~ 0 S " .. ..... g:c;ui' O"'N-::a ..... "~1Il .. ..~ I .. '" 0 " fA__......, " n_", --." " z )( ... .... ... ~ ... ~1Il ..... 0 ~" nc.. -PlI .. 0 "ll n :f .. "'n < " < " "'J) ..n III < '" 0_< (I) ... ~. '" :r '" ...'" It.,,.>>... '" ...."'(,1) (I) It "'-4n J) ... R '" .. "Olll ""'08" .. "0... ....c:wO:D% r- ... I ,.....-4 ..."... ~ I ........ >> , ........OJ r- Q .. .. ........;u "'.....3 .....0 ....,......0 J) ~ /I J) ".0 '< ... ... 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'" III II -<J ~ n , . ... .. oS' ! ! n 0 . tlr tlr e e ... ~ . 0 I> ~ '" .. I> It c " c " ~ .. -<J ..... .. .~ co -<J I> co c ,... " .. o z o ~. '" .. c , (/) [ITY OF DEL RAY BEA[H ~- .qr ". ;~, ,('I.-: '; ... 100 N.W. 1st AVENUE DELRA Y BEACH, FLORIDA 33444 407/243-7000 M E M 0 RAN 0 U M TO: Malcolm T. Bird, Interim City Manager THROUGH: John W. Elliott, Jr., Assistant City Manager/ Management Services FROM: Ted Glas, Purchasing Director 11/1' DATE: September 8, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ September 26, 1989 - BID AWARD - CO-OP BID #89-78 ANNUAL CONTRACT-CHEMICALS & FERTILIZERS Item Before City Commission: The City Commission is requested to make mUltiple awards to the low responsive bidders, as stated below, for the annual cooperative contract for chemicals and fertilizers. Per the BUdget Office, funding for these commodities is from account #001-4131-572-35.54 (Parks Division - Operating Expenses Gardening Supplies). Background: The annual contract is bid jOintly County Cooperative Purchasing Group. Beach Purchasing Department serves as this bid. with the Palm Beach The City of Delray lead organization for Bids for this contract were received on August 18, 1989 from thirteen (13) vendors all in accordance with City purchasing procedures. (Bid #89-78. Documentation on file in the Purchasing Office.) Tabulations of bids are attached for your review. Recommendation: The Cooperative Purchasing Group met on August 28, 1989, and voted to recommend mUltiple awards to the following low responsive bidders. Delray'S Park and Recreation Department concurs in this recommendation: S\E T'1E E-CcpT Ac.'.-,,, M",~::"s Vendor Helena Chemical Co. UAP Florida Inc. Colonial Products Inc. Sunniland Corporation Woodbury Chemical Co. Atlantic FEC Howard Fertilizer Co. Lesco Inc. Van Waters & Rogers Inc. Delray's Estimated Annual Expenditure $ 4,197.75 225.00 356.15 3,937.50 1,024.50 518.80 3,288.00 15,206.65 22.75 $ 28,777.10 The contract period is for one year; and per the specifications, the city Manager be authorized to renew the contract for one additional one year period, sUbject to vendor acceptance, satisfactory performance, and determination that renewal is in the best interest of the City. TG/tpc Attachments: Tabulations of Bids Recommendation from Director of Parks & Recreation pc Yvonne Kincaide Joe Weldon Palm Beach County Cooperative Purchasing Group - MEMORANDUM - - .-.. TO: Ted Glas Director of Purchasing FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Chemical and Fertilizer co-op Bid DATE: September 11, 1989 I recommend awarding the chemical and fertilizer co-op bid to the lowest bidders. u Parks and Recreation JW: j mh REF:JW274 . 100 NW. 1st AVENUE DElRAY BEACH, FLORIDA 33444 ~ '. ........ ;t:Y' 407/243,7000 [IT' OF DELAAY BEA[H M E M 0 RAN DUM TO: Malcolm T. Bird, Interim city Manager THROUGH: John W, Elliott, Jr., Assistant City Manager/ Management Services FROM: Ted Glas, purchasing Director !//J-' DATE: september 8, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 26, 1989 - BID AWARD - BID #89-67 HOUSING REHABILITATION PROGRAM Item Before City Commission: City Commission is requested to award contract to low bidder, Tommy Preston for rehabilitation project totaling $17,000. Per the Budget Office, funding for this project is from account #118-1963-554-60.23 (Community Development Capital - Housing Rehabilitation). Background: The Community Development Division handles their formal bids on housing rehabilitation. and processes Purchasing's review of Bid #89-67 finds compliance with city purchasing procedures. bidder is, as follows: it to be in Low responsive Property 915 SoW. 4th Street Contractor Tommy Preston Amount $17,000. Recommendation: Staff recommends award to low bidder as stated above, for total cost of $17,000., with funding from account #118-1963-554-60.23. TG/tpc Attachments: Memorandum from Community Development Bid Information Sheet pc: Yvonne Kincaide Lula Butler Dorothy Ellington S\F T'.c E-C:~T ALiiAYS MATTERS I DNISYHOWI'W 68Lnd3S MEMORANDUM a3AI303B '\, TO: Malcholm Bird, Interim City Manager FROM: Dorothy Ellington , Community Development, Coordinator Lula Butler, Director Community Improvement o&:J Gt THRU: DATE: August 7, 1989 SUBJECT: Community Development Block Grant Program Activities Housing Rehabilitation Grant Awards. According to the City of Delray Beach, Community Development Division's approved Statement of Policies and Procedures, we are hereby requesting City Commission approval of one ( 1) Housing Rehabilitation Grant Award. The grant amount is" based on the actual cost of the rehabilitation as determined by the low bidder, plus a 5% contingency. The contingency may be used for change orders. All unused funds will remain with the Housing Rehabilitation grant program. Inspection of work will be done by the City's Building and Inspection Department and the Community Development Division. Rehabilitation contracts will be awarded to the low bidder. Contracts will be executed between the building contractor and the property owner. The City remains the agent and this office will monitor all work performed by the contractor and will ensure compliance according to specifications and program guidelines. Pay Request forms will require both contractor and homeowner I s signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and the individual case file is available for review at the Community Development Division Office. The Contract Award and Bid Summary sheet are attached for your reference. Housing Rehab Grant Awards are requested for the fOllowing: Case# Address Grant Amount 87-003HR 915 S. W. 4TH St. $17,000.00 HR2 t \ (2) CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION REHABILITATION PROGRAM BID INFORMATION SHEET BID *: 89-~ APPLICANT: ETHEL SIMS APPLICATION *: 87-003HR PROJECT ADDRESS: 915 SOUTHWEST 4TH STREET. DEI.RAY BRACH' DATE OF BID LETTERS: TlTNF 1 ~ 1 QRQ DATE OF BID OPENING: JUNE 29. 1989 NAME OF CONTRACTORS AMOUNT OF BID AVMA CONSTRUCTION ENGINEERS CORP. $ B & JR CONSTRUCTION $ DARRYL L. COOK $ FEC MANAGEMENT INC. $ FIRST CONSTRUCTION OF THE PALM BEACHES, INC. $ HENRY L. HAYWOOD $ MJD CONSTRUCTION SERVI CES $ 17.000. 00 TOMMY PRESTON $ 16,365.00 BERNIE HANUS $ IN - HOUSE ESTIMATE: $ 16,435.00 CONTRACTOR AWARDED CONTRACT: TOMMY PRESTON BID/CONTRACT AMOUNT: $16,365.00 COMMENTS: REPRESENT RENEGOTIATION OF BID. BIDFORM MEMORANDUM TO: MALCHOLM BIRD, INTERIM, CITY MANAGER DOROTHY ELLINGTON, COORDINATOR, COMMUNITY DEVELOPMENT 7::.\ ~: FROM: THRU: SUBJECT: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT AGENDA REQUEST/MOVING CONTRACT This is to request Commission approval to move one city owned house located at 213 Southwest 7th Street and to award the contract to La Plant-Adair Co., 1200 West Industrial Avenue, Boynton Beach, Florida. A written proposal of $14,900.00 Plant-Adair, while Russell Movers contractor in the area, did not bid. was received from La the only other moving The house is being moved to 229 Northwest 4th Avenue. The lot is owned by a resident of the Community Devleopment Target area who is an eligible recipient of CDBG funds, and whose house was determined to be unsafe and ineligible for rehabilitation. Once the house is moved we will follow the approved and procedure for rehabilitation of the replacement house. " ,~.' J2 . / 1- Y~~VJJ~ J[~ ,i;j)I-'L :A jr 12":1 q ~ I, I ~/ &. v li'fi -to v Sl& . lAPlANT-ADAIR CO.. C-I.aclor. a"J m_;", E:..,;"..,. 1200 WEST INDUSTRIAL AVENUE BOYNTON BEACH, FLORIDA 33426 PHONE (407) 737-8188 Community Development Division City of De1ray Beach 100 N. W. First Avenue De1ray Beach. Florida 33444 August 3, 1989 CONTRACT LaPLANT-ADAIR CO. hereby agrees to furnish all labor. equipment and materials to complete the following work as set forth below: Move a fra.e building from 213 S. W. 7th Street. Delray Beach to a new site at N. W. 3rd Avenue or N, W. 4th Avenue, Delray Beach. Provide the following type of foundation at the new site: According to Code and specifications, This work shall be done for the total consideration of '1.,900.00. OWNER shall bear all cost of removing (should it be necessary) overhead obstructions, which includes traffic signals, cable television, telephone lines, power lines, street lights. and trees, Also, costs of crossing railroads, including flagmen, and the cost of removing any other obstruction that would hinder the movement and placement of the building, and these monies are required in advance upon estimates from the utilities and related services. OWNER is to remove the 8' x la' addition with concrete floor and the 3' projection on the front before LaPLANT-ADAIR CO, begins work. OWNER to have land cleared of all debris that would hinder placing of building, OWNER to provide two points and a line for placement of building. All disconnection of plu.bing, electric, air conditioning, and all mechanicals, to be done by others before our work begins, The moving of said building shall be accomplished in a workmanlike manner, provided, however, that LaPLANT-ADAIR CO. assumes no responsibility for, nor shall it be liable for cracks, only for structural damage, Nor shall LaPLANT- ADAIR CO, be liable for any sidewalk breakage at old or new site, LaPLANT- ADAIR CO, is not responsible for cleaning up or leveling old site, No painting or decorating is included. BUIL..DING MOVING. RAISING. SHORING. UNDERPINNING. FACTORY RECONDITIONING. BRIOGES RAISED AND MOVED WATER TOWERS MOVED. ROOFS RAISED AND LOWEREO . SUBMARINES MOVEa . . '. , Co..unity Developaent Division City of De1ray Beach -2- 8/03/89 LaPLANT-ADAIR CO. aakes no representation or warranty regarding whether or not zoning requireaents of the appropriate county or aunicipal govern.ent peraits the reaova1 of said bUilding to the proposed new location. and saae is OWNER'S sole responsibility. You. as OWNER. agree to secure all signatures required for waivers of objections and to obtain the necessary consent of the appropriate aunicipality to perait the reaoval of said building to its proposed new location, LaPLANT-ADAIR CO. shall place the bUilding over the footing at the new location in a good and work8anlike aanner. but shall not be responsible for. nor shall it connect plwabing. electricity. or other connections. nor shall it be required to obtain a Certificate of Occupancy. Building will be located on new lot in accordance with written instructions given to LaPLANT- ADAIR CO, prior to aoving. such location to be at your risk in compliance with zoning requireaents. setbacks. et cetera. LaPLANT-ADAIR CO. is not to be held responsible for any vandalisa or thievery occurring while this work is being done, OWNER agrees that in the event a suit be brought for the collection of any or all of the aaounts due us under this contract. or if the saae has to be collected on deaand of the attorney. OWNER shall pay a reasonable attorney's fee charged LaPLANT-ADAIR CO. for said collection. and/or any court costs, This agreeaent revokes and supersedes all previous agreeaents between these parties either oral or written. and this agreeaent can be aaended or .odified only by written change order signed by the parties hereto. This agreeaent is not binding until all necessary peraits have been issued. Payaents to be as follows: Downpayaent $2,980.00; $8.940.00 when building is on our steel; $2,980.00 on day building is delivered to new site, ACCEPTANCE; ~aJ BY Wi tne ed: c...,..,.., ~ ~_~ ~ . OWNER/AGENT hereby authorizes LaPLANT-ADAIR CO. to accoap1ish and complete the above work as described. and agrees to the conditions herein set forth and to the payaent schedule. By Date: OJ" O.....J _:t. !?' f'1?/ Owner/Agent Witnessed: l . ~rjGINEERING DEPARTMENT MEMORANDUM TO: MALCOLM T. BIRD INTERIM CITY MANAGER THRU: RICHARD ZUCCARO DIR./DATA PROCESSINr. FROM: JjACGATES D. CASTLE, P.E. CITY ENGINEER DATE: SEPTEI1BER 14, 1989 SUBJECT: COMPUTER AIDED DRAFTING EQUIPMENT FOR ENGINEERING DEPARTMENT The Engineering Department currently has a PS-2 Model 80 computer, purchased for computer aided draftinq (CAD) capabilities. Proposals have been received to supply the necessary hardware and sof.tware to establish a complete CAD workstation utilizing the existing PC. O~ the four (4) proposals received, the low bid was submitted by CADD Centers of Florida in the amount of $ 13,680.00. Computer Aided Drafting is a valuable tool and is fast becoming an essential part of any Engineering office. The projected savings in drafting time (estimated at approximately $ 6,000/vear based on a 25% time savings) justi~ies the expenditure, without considering other benefits such as ease of mOdifying maps and drawings and re- duction of required storage space. In addition to the Engineering Department, it is proposed that the Planning and Utilities Depart- ments also utilize this equipment. The Agenda Request Form covering the approval to purchase this equipment is attached for processing. GDC:kt . . , , 5l~ . C .A.. :J:> :J:> CENTERS OF FLORIDA Offi~e location suppying services: 2003 Cypress C~eek Rd Ft. lauderdale, Fl. 33309 Purohase Order is all that is necessary to order ~quipment. Cadd Centers of Florida is rated as the Premier-Gnld Dea.ler for AutoDESK. The company was seleoted as one nf the "top 50" in the country. In addition we were selected as the leadin~ Calcomp dealer in the country (1988) Costs are as follows: Group I Calcomp 23120 Digitizer................. 425.00 80387-20 Math Co-Processor.............. 495.00 Nth Engine (MeA Versionl................3450.00 Mono Manit.or............................ 90.00. AutoCAD Version 10................... ,..2495.0B DCA Engineerin~ COGO & INPUT..........:. 990.00 28-111 ria jf TFEliRin.(ti,L , r ....L....l_ui.}..1288.S8 Deliver and Install on Site...... ... .... N/C Additional Hardware Group II Calcomp 1025 Plotter.......,..,........ .4995.00 Calcomp Plotter Cable..............., ... 45.00 leT Plotstation................ ......... 695.00 Delivery and Installation..,........,.. N/C TOTAL .......................................... 13 . 680 Systems Support: All Hardware/Software will be be installed by our qualified technical people as listed above. There will be a training cla~s for the staff of 20 hours to cover AutoC\D and CAD operations in ~eneral. Should the City desire training on DCA that would be a seperate training program. 2003 Cypress Creek Road. Fort Lauderdale. Florida 33309 . C305l 772-7300 . FAX 1305l491-8570 l . h .. ~_ ___ ProDO.al S~ Porm PalM 2 uP 189-91 Pro~ b requir8d to COIIplet:. the foll_ing pricing lbt which will be the det:erIDinillCJ factor in -aluating the co.t for "'ftware and .ervlce.. Co.t for furni.hillCJ .oftware Schedule of Price. . 3yg.r J'11,1.80 .$ ID ,ge;- I 1, 1.8.f"' . . $ tJ Ie, I r Ai,".'t otl)f.fl.J4> .$--1/ t..o 0 .$ APproIJ.. S])O ~ ,..,b1\..L .$ Co.t for furni.hillCJ hardware .$ Co.t of Annaul on-.ite Maintenance Co.t for in.tallillCJ hardware/..,ftware. . Co.t for training City Per"'nnel . . . Annual Co.t for Enhan~Qta (one year). Additional Co.t. (.0 atate): . . . . . . .$ Total Coat. ..$ I~ 11.,C; .... ... Ol'.J5 .u";>tlll'tf.lE)';\) ,ut:CDti> The under.igned atte.t. to (hi., her, their) authority to .ubmit thi. proPO.al and to bind the UrID h.rein named to perforla a. per contract, if awarded the Cowernmental CAD Norketation by the City of Delray aeac)). Date: Cj Witn....-Y.-tA- c? ./ Offic.r Signature K("~-LD <; rJE'rtl"~ Typewritt.n H_ CoaIpany:-'11QO e~,v-;u,> V; FC -....:;;." . . . . [ITY OF DELAAY BEA[H '~~ ;J . . , ; "~', <c< _ 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 FROM: Ted Glas, Purchasing Director <1/4' DATE: September 19, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ SEPTEMBER 26, 1989 - BID AWARD - BID #89-93 POMPEY PARKING LOT Item Before City Commission: The City Commission is requested to award contract for construction of a parking lot at Pompey Park Little League Ball Field to low bidder, Charles S. Whiteside, Inc., at a cost of $38,730. Per the BUdget Office, funding for this work is from account #334-4172-572-62.04 (General Construction Fund Parks & Recreation -Pompey Park Improvements - Parking Lot Expansion). Background: Monies were placed in the FY 88-89 budget to construct a parking lot on 13th Avenue, south of the westerly entrance to the Pompey Park Little League Ball Field. Bids for this work were received on September 15, 1989 from five (5) area contractors, all in accordance with City purchasing procedures. (Bid #89-93. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The low bid was submitted by Charles S. Whiteside, Inc. at a cost of $38,730. Engineering's estimate for this week is $38,000. Recommendation: Staff recommends award to Whiteside, Inc., at a cost of above. the low $38,730. bidder, Charles S. Funding as outlined Attachments: Tabulation of Bids Recommendation from Parks & Recreation Recommendation from Engineering pc Yvonne Kincaide Joe Weldon Gates Castle s\.::r T"'E E==:.pT AL:iAYS MATTERS , i I , ! ;: l ! I , Ii I ~ . " "''' ~ - oj) OJI ~ .. '" .. " '" - -< ,; xo ~ 0 ._'" "3 m% C "'3 ~ r C) p-"", 3'=' w ,,'" -- "" ~("')~ rCl)1J"'(')~~"'O ~~~ ~3'" ~t-O(')I- ",,'" 0 '" -% -0 r-" oe c -lD::O 1> CI C::C 01"" ])3 %0' r 0 : "'Ox " " - - "'- ])", %" 3:1>....",3'::OI"l'l::01> ~e]) "']) O_CD ~p~~ J>]) 3" " - o t1 3J> %" f"'1(')z "OrZ21)211)z,"" -'" J>O ,,"'J> ~"r- "'"J> %.... "r- UlJ> ~"- r -l() 'tI 1-01("').... Z ""-'" "'- ,,% Q,e" '" "' - ~l>< % " " "'''' ~(Jl,",,:r cn:I:Cfj . ~r.n % ' -'" OM : "'3 "J> ]) CO" .. _r- '''' z_z 'S 21 "" Z J: l-< -< " -<J>:I ~-- '" ...._0 3 -0 'e '" :I C'lll f"!"I Z "'''0 . r-", ~,z I'PII1l ,."" ~--~ " r::;~ -3 r-" ]) ""1> Or . 0 0 % " - CO ;;;00 -" CO :E:% O"'X2 ", J> ." - ".... ,.."" %% .,,; :I% ZO "'1'\,)"'0 pI-l "." 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'." .. . .., :"8 , ... . ~ ~ ~ . ,.. ... ... - ... ... 8 :,,1 u .. f' ... ... ;, - ~ ~ '" .., ~... ,.. - .., ,.. . ...." '" 8 '" .. '" .. '" ? .... ;, ;. (I 3 .-,.. . 8 f' 8 f' C' ... . ,.. .. 0 '" .. 0 . ~ 8 0 0 8 8 0 0 0 ~ g;! 0 0 0 8 ~ 0 0 0 8 8 n ~ 0 - .. . :;- " .. N .. ,.. ,.. ~ !I - n -f .. N :: ;.. :" .. f" - " . . ,.. '" 0 . v. -- .. .. '" 0 ~ 0 '" "I 3 . ,.. ~ 8 8 8 0 0 " ,.. . 21 "'" - 8' ... 0 '" ,.. .. . .. ... ... '" = So :; . 0 8 ... ... ,..8 , ... .. ~ ~. .. ,.. .... .., '" " 8 ~ .. .. 8 .... .~ ...." '" 0 ... '" ~ ,..... '" ,.. _01 . ,.. ,.. . 0 :' '" '" .. ~ ~ .. .. " ., '" 0 _ .. ., ., 8 8 '" .. '" n ~I . ~ '" 8 ., " !" e;! ., 8 ;" 8 8 8 ., ~ ., n ~ ., ., .. . 8 gl .. , I I I i .~ = ~ - ". l1 f l' r ENGINEERING DEPARTMENT MEMORANDUM TO: TED GLAS PURCHSING THRU: '>-1/1 /\ /v Ai '-- GATES D. CASTLE, P.E. CITY ENGINEER FROM: t. ' q CHARLES AXELROD CIVIL ENGINEER DATE: SEPTEMBER 18, 1989 SUBJECT: POMPEY PARKING LOT AT LITTLE LEAGUE BALL FIELD - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Engineering has reviewed the bids received for the subject project. Based upon this review, it is recommended that the contract be awarded to Charles S. Whiteside, Inc. based on their low bid of $38,730.00. The Engineer's estimate for this project is $38,000. CA:slg . ~ t I I MEMORANDUM TO: Ted Glas Director of Purchasing FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Parking Lot - Pompey Park DATE: September 18, 1989 The following bids were received on September 15, 1989 concerning the construction of additional parking at Pompey Park. Hardrives Community Asphalt Ocean Bay Charles Whiteside Finton Construction $43,830.00 $46,470.00 $56,765.20 $38,730.00 $41,403.00 Engineering designed an area of approximately 150' X 170' which will provide additional parking for about 43 cars for Little League and other park activities with access off of N.W. 13th Avenue. The apparent low bidder is Charles Whiteside at $38,730.00 with funding from account #334-4172-572-62.04. Parks and Recreation JW: jmh REF:JW284