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11-14-89 Regular CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION November 14, 1989 7 P.M. AGENDA Commission Chambers Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda approval. Action: Motion to approve. 5. Approval of Regular Meeting minutes of October 24, 1989. 6. Proclamation: 2nd Annual "This Old Town" Preservation Conference- January 12 and 13, 1990. 7. Presentation: Presentation of "Distinguished 1988-1989 to the Government Finance Budget Presentation Budget Director. PUBLIC HEARINGS Officers Award for Association's Fiscal Year 8. ORDINANCE NO. 55-89: An Ordinance for the voluntary annexation of the South County Professional Center located on the east side of Military Trail approximately 1,000 feet south of Linton Boulevard with an initial City zoning of POC (Planned Office Center). City Manager and Planning and Zoning Board recommend approval. 9. ORDINANCE NO. 68-89: An Ordinance formally adopting the changes made to the DELINT D.R.I. by amending Ordinance 79-84 to reflect approval of the conceptual site plan and Resolution 49-85 to reflect procedures for processing modification or deviations for approved plans or requirements. City Manager and Planning and Zoning Board recommend approval. 10. ORDINANCE NO. 69-89: An Ordinance providing the authority for the debarment and/or suspension of vendors or contractors from doing business with the City; and contains provisions for right of appeal, hearing and reinstatement of vendors or contractor. City Manager recommends approval. 11. ORDINANCE NO. 74-89: An Ordinance amending the Zoning Code to delete references to maximum floors in the RM-15, RM-10 and RM-6 zone district. City Manager and Planning and Zoning Board (5 to 1 vote) recommend approval. 12. ORDINANCE NO. 75-89: An Ordinance amending the Zoning Code to provide the same setback requirements for townhouses as exists for multiple family dwellings within the specific zoning district. City Manager and Planning and Zoning Board recommend approval. PUBLIC COMMENTS Agenda Meeting of 11/14/89 13. Comments and Inquiries on Non-Agenda Items from the Public. FIRST READINGS 14. ORDINANCE NO. 73-89: An Ordinance rezoning property located at the southeast corner of N.E. 8th Street and Palm Trail (Henry'S Marina) from GC (General Commercial) to SAD (Special Activities District). City Manager and Planning and Zoning Board recommend approval. If passed public hearing November 28th. 15. ORDINANCE NO. 77-89: An Ordinance amending the Bed and Ordinance (5~89) to expand the zoning designation in which Breakfast use can exist. City Manager recommends approval. public hearing November 28, 1989. Breakfast a Bed and If passed 16. ORDINANCE NO. 79-89: An Ordinance amending the Zoning Code to delete references to maximum floors in the RM-15 and RM-10 zone district. City Manager and Planning and Zoning Board (5 to 1 vote) recommend approval. If passed public hearing November 28th. 17. ORDINANCE NO. 80-89: requirements for Industrial Attorney recommend approval. An Ordinance adopting EPA mandated Pretreatment. City Manager and City If passed public hearing November 28th. 18. ORDINANCE NO. 81-89: An Ordinance amending provide for legislative changes made to the regulations. City Manager recommends approval. hearing November 28, 1989. the City Code to Code Enforcement If passed public 19. ORDINANCE NO. Comprehensive Plan with of Community Affairs. recommend approval. If 82-89: An Ordinance formally adopting the modifications as recommended by the Department City Manager and Planning and Zoning Board passed public hearing November 28th. REGULAR AGENDA 20. APPROVAL OF formally approving Manager recommends EDUCATION TASK FORCE CONSENSUS STATEMENT: Consider the Education,Task Force Consensus Statement. City approval. 21. SUBSTITUTE AGREEMENT- CHAMBERLAIN PROPERTY: Consider termination of Chamberlain agreement and execution of a new agreement with Morse Operations, Inc., the current owners of the Chamberlain property. City Manager and City Attorney recommend approval. 22. AMENDED AGREEMENT BETWEEN THE CITY AND EAGLE OUTDOOR ADVERTISING (PARK TEN): Consider request from Eagle Outdoor Advertising to amend the previously approved agreement for movement of a billboard, extending the effective date of the agreement (ordinance) and effective date of installment payments. City Manager and City Attorney recommend approval. 23. SETTLEMENT OFFER: Consider offer to settle from Mason Equipment and Elgin Manufacturer, in the City of Delray Beach vs. Mason Equipment and Elgin Manufacturer case. City Attorney will provide additional information and recommendations at your Tuesday evening meeting. 24. CONDITIONAL USE AND ATTENDANT SITE PLAN MODIFICATION APPROVAL: Consider request for conditional use and attendant site plan modification approval to open a motorcycle dealership (Kawasaki) in the south 3,849 square feet of an established shopping center located on the northeast corner of 5th Avenue and N.E. 5th Street. City Manager and Planning and Zoning Board recommend approval. 25. REQUEST request from Fontaine Fox Boulevard to FOR WAIVER OF RIGHT-OF- WAY REQUIREMENT: Consider Charles L. Siemon, representing the owners of The House (Ocean Apple Estates) located on 610 North Ocean waive the requirement of an 80 foot right-of-way. -2- Agenda Meeting of 11/14/89 Planning Staff and Engineer staff recommend denial. Historic Preservation Board recommends favorable consideration. 26. REQUEST FOR RECONSIDERATION OF TEMPORARY TENT PERMIT: Consider request from Craig Steinhart for reconsideration, of a temporary tent permit to erect a tent of Lindell Boulevard and S. Federal Highway for Christmas Tree sales from November 15- December 30, 1989. 27. APPROVAL OF FUNDING FOR RECONSTRUCTION OF FEC CROSSING: Approve payment to FEC for reconstruction of crossing at Lindell Boulevard in conjunction with beautification project. City Manager recommends designation of funding from the 1988-1989 Resurfacing Surplus- General Construction Fund. 28. DESIGNATION OF ADDITIONAL FUNDING FOR RECONSTRUCTION FEC CROSSINGS: Consider designating funding to cover expenses of the reconstruction/re-paving of FEC railroad crossings. City Manager recommends designation of funding from the 1989-90 Resurfacing Surplus- General Construction Fund Account and the General Fund Unrestricted Fund Balance. 29. ALTERNATE MEETING DATES FOR CITY COMMISSION MEETINGS: Consider holding the January 2nd workshop on January 9th and holding the regular meetings normally scheduled for January 9th and January 23rd on January 16th and 30th. Or alternatively, hold the January 2nd workshop on January 16, leaving the regular meetings to occur on their normal dates. 30. WAIVER OF CONSULTANT'S COMPETITIVE NEGOTIATION ACT: Consider waiving provisions of the Competitive Bidding Act for the ground water monitoring project at Miller Field which is required by the Department of Environmental Regulation. City Manager and City Attorney recommend approval. CONSENT AGENDA 31. APPROVAL OF CONTRACT BETWEEN THE CITY AND CH2M HILL: Consider approving contract to perform groundwater monitoring at Miller Field as required by the Department of Environmental Regulation. City Manager recommends approval. 32. AUTHORIZATION TO PARTICIPATE IN THE FLORIDA LEAGUE OF CITIES LEGAL COMPUTER SYSTEM: Consider authorizing the City Attorney's Office to participate in the Florida League of Cities Legal Computer System. City Manager recommends approval. 33. AUTHORIZATION authorizing the City in Page v. Valentine. TO PARTICIPATE AS AMICUS CURIE: Consider Attorney's Office to participate as amicus curie City Manager recommends approval. 34. FINAL PLAT APPROVAL: Consider request from William M. Helm for final plat approval for the Delray Beach Yacht Club located at northwest corner of MacFarlane Drive and Ingraham Avenue. The final plat incorporates the existing yacht club facility, yacht basin, parking spaces and associated landscaping and accessways with a proposed 12 unit condominium structure. City Manager and Planning and Zoning Board recommend approval. 35. APPOINTMENT OF REPRESENTATIVE FOR LOGIC AND ACCURACY (L&A) TESTING OF AUTOMATIC TABULATING EQUIPMENT AND CANVASSING BOARD: Consider appointment of Jackie Winchester, Supervisor of Elections as representative for the testing of the automatic tabulating equipment and as an additional member of the City's Canvassing Board. City Manager recommends approval. 36. REQUEST FOR INTERNAL FUND TRANSFER: Consider request from the Public Utilities Director to transfer $190,350 from prior year (1988-89) Project Reserve to fund purchase of water meters for FY 1990 ($80,000), to fund interconnect with Boca Raton and Palm Beach County ($95,000), and to finalize acquisition of Lot 21 ($15,350). City -3- Agenda Meeting of 11/14/89 Manager recommend designation of $190,350 from prior year 1988-89 Project Reserves. 37. AUTHORIZATION FOR EXPENDITURE FROM LAW ENFORCEMENT TRUST FUND: Consider request from the Police Department to expend $13,784 from the Law Enforcement Trust Fund to complete the final phase of Accreditation. City Manager recommends approval. 38. UNIFORM "GROSS UP": Approve increase of allowance for uniform "gross up" for seven (non union) personnel in the Police Department. City Manager recommends approval. 39. APPROVAL OF CHANGE ORDER NO. 2- EAST LINTON IRRIGATION: Approve Change Order No. 2 in the amount of $1,500 to relocate a pump enclosure, electrical wiring and slab further east in Median #12 to avoid conflicts with a concealed electrical conduit. City Manager recommends approval. 40. REQUEST FOR FINAL PAYMENT: Consider request.for final payment in the amount of $37,108.88 to Elkins Constructors, Inc. for completion of the Delray Beach Water Treatment Plan Packed Tower Air Scrubbers. City Manager recommends approval. 41. REQUEST FOR FUNDING: Consider request from the Frances J. Bright Woman's Club $50 in support of activities planned for the Martin Luther King, Jr. Holiday celebration. City Manager recommends designation of funding from the Commission's Special Events Account. 42. DESIGNATION OF FUNDING SOURCE: Consider designating a funding source to cover expenses incurred by the City Manager Selection Task Force. City Manager recommends designation of funding from the City Manager's Contingency Account. 43. APPROVAL OF EXTERIOR COLOR SELECTION FOR CITY HALL: Consider approving peach dust and white shadow as exterior colors for City Hall. City Manager and Community Appearance Board recommend approval. 44. SIGN APPROVAL- DEL-IDA PARK HISTORICAL DISTRICT: Consider approving a sign for the Del-Ida Park Historic District to be located in the cul-de-sac off of Swinton. City Manager recommend approval. 45. ACCEPTANCE OF EASEMENT DEED: Accept an eight foot easement for Tom Jr's need in conjunction with the construction of the Delray Mall Fence. City Manager recommends approval. 46. ACCEPTANCE OF EASEMENT DEED: Accept an easement from Crosswinds for installation of a water main for Delray Bay which crosses the Crosswinds property. City Manager recommends approval. 47. RESOLUTION NO. 82-89: A Resolution supporting Florida Statute 893.13 (1) relative to selling, purchasing, manufacturing, or delivering of a controlled substance in, or within 1,000 feet of a public or private, elementary, middle, or secondary school and urging the Governor to consider an additional amendment to include houses of worship and public parks. City Manager recommend approval. 48. RESOLUTION NO. 83-89: A abatement action required to located at 146 S.W. 4th Avenue. Resolution assessing the costs for remove an unsafe building on property City Manager recommend approval. 49. RESOLUTION NO. 84-89: A Resolution assessing the costs for abatement action required to board up an unsafe building on property at 708 S.W. 2nd Terrace. City Manager recommend approval. 50. RESOLUTION NO. 85-89: A Resolution assessing the costs for abatement action required to board up an unsafe building on property at 338 N.W. 4th Avenue. City Manager recommend approval. 51. RESOLUTION NO. nuisance abatement throughout the City. 86-89: A Resolution assessing the costs for action required to remove nuisances on 58 parcels City Manager recommend approval. -4- . Agenda Meeting of 11/14/89 52. AWARD OF BIDS AND CONTRACTS: A. Submersible Wastewater Pumps- Southeastern Pump Company in an estimated annual amount of $23,443 with funding from Water and Sewer Pumps and Hoses (441-5141-526-60.88) and Water and Sewer Equipment (441-5161-536-60.89). B. Loader/ Backhoe for Public Utilities- Case Power and Equipment in the amount of $35,000 with funding from Water and Sewer Equipment (441-5161-536-60.89. C. Two (2) Advanced Life Support Rescue Vehicles- Emergency Vehicles Fabricators, Inc. in the amount of $127,2500 with funding from Fire/ EMS Operations- Automotive (Account No. 001-2315-526-60.84). (Subject to receipt of grant funds from the State). D. Sewer Inc. in Equipment Joint Sealing Equipment for Public Utilities- the amount of $39,570 with funding from Water and (Account No. 441-5161-536-60.89). Cues, Sewer 53. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -5- [ITY DF DELRAY 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 for police and Fire and donation of time policy for all three (3) Unions pursuant to the Collective Bargaining Agreements will be held on Tuesday, November 14, 1989, in the First Floor Conference Room, City Hall, at 6:30 P.M., pursuant to Florida Statutes 447.605. ('~g. Yl~ JI~ Alison J. MacGregof Assistant City Clerk THE EFFORT ALWAYS MATTERS MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA REPORT - MEETING of NOVEMBER 14, 1989 DATE: November 10, 1989 PUBLIC HEARINGS Item No. 8 (Ordinance No. 55-89): This is a Second Reading of an Ordinance for the voluntary annexation of the South County Professional Center located on the east side of Military Trail approximately 1,000 feet south of Linton Boulevard with an initial City zoning of POC (Planned Office Center). This 10 acre parcel is partially developed and is known as the South County Professional Center. The development which has occurred was tied to a water service agreement which contained the standard annexation clause. This property was made contiguous to the City by the annexation of the Linton (Delray Manor) A.C.L.F. annexation. The existing development did not go through the City's site plan review process, however it will be necessary for the vacant eastern portion of the site to have formal site plan approval prior to additional construction. The Planning and Zoning Board at it's August 21st meeting recommended approval of the annexation. A detailed staff report is available for review in the City Manager's Office. Recommend approval of Ordinance No. 55-89. Item No. 9 (Ordinance No. 68-89) This is a Second Reading of an Ordinance formally adopting the changes made to the DELINT D.R.I. At your December 13, 1988 meeting, the Commission formally approved modification to the Waterford Place (formerly Delint Center) DRI including adoption of a conceptual site plan in lieu of the effective specific site plan. This approval should have included an amendment of Ordinance 79-84 and Resolution 49-85. The two modifications which the Commission approved are: A. Replacement of the current site specific plans with a conceptual site plan, and; B. Relocation of the access to the hotel parcel as requested by the City. The Planning and Zoning Board unanimously recommended approval DRI. A detailed staff report is at its of the attached November 21, 1988 meeting modification to the approved as backup for this item. Recommend approval of Ordinance 68-89. Item No. 10 (Ordinance No. 69-89) This is a Second Reading of an Ordinance providing the authority for the debarment and/or suspension of vendors or contractors from doing business with the City; and contains provisions for right of appeal, hearing and reinstatement of vendors or contractor. The debarment would be for a period not to exceed three (3) years. Causes for debarment include criminal convictions such as bid rigging, embezzlement, theft, and violation of bond or contract provisions. Recommend approval of Ordinance No. 69-89. AGENDA REPORT Meeting of 11/14/89 Item No. Ordinance floors in formulation overlooked. 11 (Ordinance amending the the RM-15, of the This action No. 74-89) This is a First Reading of an Zoning Code to delete references to maximum RM-10 and RM-6 zone district. During the height regulations several sections were corrects those sections. At first reading, the Mayor questioned whether this amendment would allow construction of a three story duplex in the RM-6 zone district. Staff review has revealed that a three story duplex could conceivably be built as the height limitation in the RM-6 District is 35 feet. If the Commission feels it appropriate to delete the portion of Ordinance 74-89 which pertains to the RM-6 zoning district, it will be necessary to prepare and readvertise a replacement ordinance. The Planning and Zoning Board at it's October 16th meeting recommended approval on a 5-1 vote, Coopersmith dissenting. Recommend denial of Ordinance No. 74-89 and order staff to prepare a new ordinance for first reading removing the RM-6 zoning designation. Item No. 12 (Ordinance No. 75-89) This is a Second Reading of an Ordinance amending the Zoning Code to provide the same setback requirements for townhouses as exists for multiple family dwellings within the specific zoning district. This item involves the correction of apparent conflicts between the setback requirements in base zone districts and the special regulations for townhomes. Under the current code provisions, a building under condominium ownership and an identical structure under fee ownership may have different setbacks in some circumstances. The basis for different setbacks should be based upon physical aspects of the structure and not the method of ownership, thus corrective action is appropriate. The Planning and Zoning Board at it's October 16th meeting recommended approval. Recommend approval of Ordinance No. 75-89. FIRST READINGS Item No. 14 (Ordinance No. 73-89) This is a First Reading of an Ordinance rezoning property (Henry's Marina) located at the southeast corner of N.E. 8th Street and Palm Trail from GC (General Commercial) to SAD (Specialized Activities District). Charles Hill is proposing to add boat sales and detailing to the marina, in addition to boat storage and service already existing at this site. This request was first presented to the Commission for consideration of S.C. (Specialized Commercial) zoning. At your October 24th meeting, the Commission continued this item to allow the applicant the opportunity to consider modifying petition to the S.A.D. (Specialized Activities District) zoning designation. Subsequently a revised petition was received. The applicant proposes the following uses: Full Service Marina In and Out Dry Storage Small Engine Repair Sale of Gas and Diesel Fuel Sale of Oil, Ice and Non- Alcoholic Beverages In-water Dockage Rental Installation of Electronics Marine Store- sale of electronics, outboard motors, and related paraphernalia Fabrication and Assembly of Canvas Boat Paraphernalia - 2 - AGENDA REPORT Meeting of 11/14/89 Under the initial submission, conditional use requests were required for Boat Sales and Fabrication and Assembly of Boat Paraphernalia. If approval is granted under SAD, then the conditional use requests are not necessary, however, special conditions were placed on the Fabrication and Assembly use which should be included in the SAD. In order for the applicant to have a sense of the Commission's disposition on this matter, we have arranged for a full presentation of the site and development proposal at your November 11th meeting. Additionally, the Commission will be asked to provide special considerations for this project. They include: A. Use of concept of "reservation" in-lieu of "dedication" with respect to right-of-way needs along Palm Trail and 8th Street; B. Recommend the Board of Adjustment grant a variance relative to required landscaping along 8th Street; and C. Granting of administrative relief to allow off-site parking for the marina use in the church parking lot to the west. The Planning and Zoning Board at it's October 16th meeting recommended approval. A detailed staff report is available for review in the City Manager's office. Recommend approval of Ordinance No. 73-89. Item No. 15 (Ordinance No. 77-89) This is a First Reading of an Ordinance amending the Bed and Breakfast Ordinance (56-89) to expand the area in which the use can exist to include designated historic sites, buildings, or structures within the RM (Residential Medium), RM-6 and RM-10 (Residential- Medium to High), RH (Residential High), RO (Residential Office), CBD (Central Business District), and GC (General Commercial) zoning districts. Recommend approval of Ordinance No. 77-89. Item No. 16 (Ordinance No. 79-89) This is a First Reading of an Ordinance amending the Zoning Code to delete references to maximum floors in the RM-15 and RM-10 zone district. Another similar Ordinance (74-89) was denied based upon it's reference to the RM-6 zone district. This ordinance doesn't contain that designation. Recommend approval of Ordinance No. 79-89. Item No. 17 (Ordinance No. 80-89) This is a First Reading of an Ordinance adopting EPA mandated requirements for Industrial Pretreatment. This Ordinance provides for an increase to the fine for hazardous waste disposal violations from $100 to $1000 per day; resampling and analysis of violation sites within 30 days; and sampling of discharges following the issuance and reissuance of permits as recommended by Camp, Dresser and McKee. Recommend approval of Ordinance No. 80-89. Item No. 18 (Ordinance No. 81-89) This is a First Reading of an Ordinance amending the City Code to provide for legislative changes made to the Code Enforcement regulations. Those revisions include: A. An amendment granting the Code Enforcement Board jurisdiction over all non-criminal ordinances. B. An amendment to define a repeat violation as one committed by a person who has violated the same provision within five years. C. Sets the manner in which code enforcement officers handle - 3 - AGENDA REPORT Meeting of 11/14/89 repeat violations. D. Allows Code Enforcement Board records once they are issued. purchasers of the Order. Orders to be recorded in public This gives notice to potential E. Amendment to clearly differentiate between the handling of a first violation and a repeat violation and sets the fine rates up to $250 for first offenders and up to $500 per violation per day for repeat violators. F. Amendment to give the Code Enforcement Board lien 20 years of life rather than 4 years and allows us to recover costs and attorney fees related to foreclosure of a Code Enforcement Board lien. G. Creates new section which allows our Code Enforcement Officers to issue citations for code violations. A detailed memo is attached as backup for this item. Recommend approval of Ordinance No. 81-89. Item No. 19 (Ordinance No. 82-89) This is a First Reading of an Ordinance formally adopting the Comprehensive Plan with modifications as recommended by the Department of Community Affairs. This action is required prior to forwarding the Comprehensive Plan back to the State for final review and finding of compliance or non compliance. If the Plan is in compliance, a notice is advertised. A 21 day appeal period is required which would make the effective date some time in February. If the Plan is not in compliance, an Administrative Hearing is required. Although the changes appear to be voluminous in nature, they are mostly copies of policies and explanatory material. It is intended that once the Decade of Excellence Bond Issue is decided, the Plan will be "in compliance". In addition it is recommended that a composite of the Citizens Task Teams be constituted in early 1990 for the purpose of considering a significant amendment, thus making the Plan a more effective management tool. Recommend approval of Ordinance No. 82-89. REGULAR AGENDA Item No. Consider Statement 20 Approval of Education Task Force Consensus Statement. formally approving the Education Task Force Consensus as presented at your October 24th regular meeting. Recommend approval of Education Task Force's Consensus Statement. Item No. 21 Substitute Agreement- Chamberlain Property. Morse Operations, Inc., are now the owners of the Chamberlain property. Previously we had an agreement with Chamberlain to release the City from any and all liability for property damage or bodily injury arising from the construction of a buffer wall over and across a drainage line. The City Attorney's Office is recommending that we enter into the same agreement with Morse thus terminating the Chamberlain agreement. Recommend approval of replacement agreement with Morse Operations, Inc. and the termination of the Chamberlain agreement. Item No. 22 Amended Agreement between the City and Eagle Outdoor Advertising (Park Ten). At your August 23rd meeting, the Commission entered into an agreement with Eagle Outdoor Advertising to move a billboard located near the intersection of I-95 and Linton Boulevard - 4 - AGENDA REPORT Meeting of 11/14/89 approximately 65 feet west and closer to I-95, to permanently remove the billboard within 10 years, and to donate to the City $45,000 over that ten year period, commencing one year after the billboard is moved, for use on City beautification projects. Eagle Outdoor Advertising is now requesting that the effective date of the agreement be extended to January 1, 1990 as they have run into unanticipated problems securing the new site where the billboard will be located. If approved the first payment would be due January 1991. Recommend consideration of reguest from Eagle Outdoor Advertising to extend the effective date of the agreement between the City and Eagle until January 1, 1990. Item No. 23 Settlement Offer- Mason Equipment and Elgin Manufacturer. This case involves the City street sweeper which burned up three years ago because of a defective condition. The case is currently on Judge Poulton's trial docket and the City is seeking damages constituting the replacement cost of the sweeper and loss of use damages for the period of time in which the City did not own a street sweeper. The Commission had previously rejected a settlement offer of $15,000 in this case. A mediation session has been set for Tuesday, November 14th and it is anticipated that a further offer of settlement will be forthcoming from the defendants. Other efforts to mediate the case were unsuccessful in part because a representative from the manufacturer was not present. The Judge has ordered the manufacturer's representative to be present. Because of the timing of the mediation, any details on any offer arising out of the mediation will have to be presented to the Commission at the meeting. Recommend consideration of settlement offer from Mason Equipment and Elgin Manufacturer. Item No. 24 Conditional Use and Attendant Site Plan Modification Approval. We received a request for conditional use and attendant site plan modification approval to open a motorcycle dealership (Kawasaki) in the south 3,849 square feet of an established shopping center located on the northeast corner of N.E. 5th Avenue and N.E. 5th Street. This is a fairly straightforward item. The property consists of Lots 8, 9, 10, 11 and the south 1/2 of Lot 12 of the Hofman subdivision. There are two buildings on the site which cross lot lines, however, for the purpose of land uses the development is considered as a single lot. In June 1989, a purchase contract was signed between the applicants of this petition and the current owners of the Delray Kawasaki currently located at 445 N.E. 6th Avenue. The applicants intend to purchase the entire site at N.E. 5th Avenue and N.E. 5th Street and utilize the southernmost building for their motorcycle sales establishment. Relocation of the existing Kawasaki establishment to this site will allow an expansion of business and will include the sale of jet skis, water skis, and surf boards in addition to motorcycles. The Planning and Zoning Board at it's October 16th meeting recommended approval subject to a single condition, that a revised site plan which accommodates several technical items be submitted. Additionally, the Board recommended to the Board of Adjustment that a variance be granted relative to parking. That variance hearing is scheduled for November 9th. A detailed staff report is available for review in the City Manager's Office. Recommend approval of conditional use and site plan modification for Kawasaki outlet on N.E. 5th Avenue and N.E. 5th Street. - 5 - AGENDA REPORT Meeting of 11/14/89 Item No. 25 Request for Waiver of Right-of- Way Requirement. This action is before yOU as an appeal of the city Engineer's recommendation to not grant a reduction of right-of-way from the 80 foot requirement along A-1-A. Charles L. Siemon, representing the owners of The Fontaine Fox House (ocean Apple Estates) located at 610 North ocean Boulevard currently has a 60 foot right-of-way, they are requesting a waiver to the present 80 feet of r-o-W required by the County Thoroughfare plan. Their rational for this request is that pursuant to the comprehensive plan, state Road A-1-A should not be widened beyond its existing two lane configuration and therefore additional dedication should not be required. Staff, however, is recommending denial of this request as that proposed Plan has not been adopted, nor has the designation of "constrained facility" been applied to A-1-A as referenced in the comprehensive plan. The Plan sets forth an ultimate r-o-w of 40 to 50 feet. The Planning and Zoning Board it not required to review this requires. The Historic preservation Board recommends favorable consideration. Recommend consideration of re uest for waiver of ri ht-of-wa re uirements for the Fountaine Fox House (ocean A Ie Estates). Item No. 26 Request for Reconsideration of Temporary Tent permit. At your october 24th meeting the commission denied a request for a temporary tent permit from craig steinhart to erect a tent at Lindell Boulevard and S. Federal Highway for Christmas Tree sales from November 15- December 30, 1989 without prejudice. Mr. steinhart is now requesting reconsideration of that decision. All necessary applications have been submitted and approved by the Building Inspection Division and the Fire Department. Recommend a Christmas Tree Item No. 27 Approval of Funding for Reconstruction of FEC Crossing. Last year FEC repaired the railroad crossing on Lindell Boulevard, in June 1989 we received a bill for this work. staff has researched past agreements to determine the responsibility for this bill. There is a 1957 agreement which grants the City a license to use the F.E.C. right-of-way as a crossing for a public road at Lindell Boulevard. In exchange for that license, the City agreed to pay the costs of any necessary changes of location, or elevation and to pay the costs of paving that may be needed due to changes made by the Railway to the right-of-way. In addition staff contacted Boca Raton, who paid approximatelY $240,000 last year in improvements to crossings; and Boynton Beach who spent approximatelY $80,000 in improvements to N.E. 22nd Avenue this year. Boca Raton has transferred the responsibility for two of their crossings to the county. Palm Beach county was contacted however we have not received a response. It will be provided to you upon receipt. tent ermit for Ha Holida 15 1989- December 30 1989. Recommend a roval of 38 892.68 with fundin General construction Fund Item No. 28 Designation of Additional Funding for Reconstruction of Railroad crossings. Per research done on the above agenda item, staff felt it appropriate to request consideration of designating funding to cover expenses of future railroad crossing reconstruction and paving. It is estimated that the costs could run approximately $100,000. F.E.C. has recently repaired the crossings at both N.E. 8th Street and N.E. 2nd street. We expect billings on these repairs in the near future. staff has determined that funding will more than likely be available in the 1989-90 Resurfacing surplus- General construction a ment to F.E.C. Railwa in the from the 1988-1989 Resurfacin (ACCount No. 334_3162-541-60.53 . - 6 - AGENDA REPORT Meeting of 11/14/89 Fund Account (334-3162-541-60.53) and in the General Fund Unrestricted Fund Balance. Recommend consideration expenses associated with crossings. of designating funding to cover future the reconstruction and paving of railroad Item No. 29 Alternate City Commission Meeting Dates. close proximity of the first Tuesday (January 2nd) to New Years holiday, we are recommending the following meeting schedule: Because of the the Christmas- change to your A. WorkShop - January 9, 1990 instead of January 2, 1990. B. Regular Meeting- January 16, 1990 instead of January 9, 1990. C. Regular Meeting- January 30, 1990 instead of January 23, 1990. Alternatively, you January 16, thus normally would. may wish to defer the workshop from January 2 to leaving the Regular Meetings to take place as they Recommend consideration of alternate schedule for City Commission meetings for the month of January 1990. Item No. 30 Waiver of Consultant's Competitive Negotiation Provisions. The City was notified by the Florida Department of Environmental Regulation that in accordance with Administrative Code, a groundwater monitoring plan must be submitted for all land fills, including former land fills by December 12, 1989. Miller Field is built on a former land fill. In order to meet this deadline, it is necessary to waive the code provision concerning the Consultant's Competitive Negotiation Act. Recommend approval Negotiation Act. of waiver to the Consultant's Competitive CONSENT AGENDA Item No. 31 Approval of Contract between the City and CH2M Hill. This is a request for emergency authorization for the procurement of professional engineering services to perform groundwater monitoring for the Miller Field abandoned landfill. This work is being mandated by the Florida Department of Environmental Regulation, with a report due to DER by December 12, 1989. The costs for this service is $12,900, funding is available in Water and Sewer Water Treatment Engineering Services (Account No. 441-5122-536-33.11). Recommend approval of contract between the emergency professional engineering services groundwater monitoring at Miller Field. Item No. 32 Authorization to Participate in the Florida League of Cities Legal Computer System. The City Attorney's Office is requesting authorization to participate in the Florida League of Cities Legal Computer System. This will allow them the advantages of a more extensive law library and reduce the time spent on legal research. It is estimated that a savings of approximately $1,200 per year will result from participation in this system. Funding to cover enrollment will come from Repair and Upkeep Equipment (001-1611-514-33.32). City and CH2M Hill for required to perform Recommend approval of request from the City Attorney's Office to participate in the Florida Leaque of Cities Legal Computer System. - 7 - AGENDA REPORT Meeting of 11/14/89 Item No. 33 Authorization to Participate as Amicus Curie. The City Attorney's Office has requested permission to participate as Amicus Curie in the Page v. Valentine case. In this case the Court held that municipalities, and presumably employees working in their official capacity, are subject to civil rights actions in State Court despite the State's Sovereign Immunity Laws. Recommend approval of authorization for the City Attorney's office to participate as Amicus Curie in the Paqe v. Valentine case. Item No. 34 Final Plat Approval. William M. Helm is requesting final plat approval for the Delray Beach Yacht Club located at northwest corner of MacFarlane Drive and Ingraham Avenue. The final plat incorporates the existing yacht club facility, yacht basin, parking spaces and associated landscaping and accessways with a proposed 12 unit condominium structure. This is a minor subdivision of two lots which is being created in order to separate interest during construction of the proposed condominium development. There is no significant development associated with the existing Yacht Club portion of the property. The processing of a plat is a requirement of site plan approval. The Planning and Zoning Board at it's September 18th meeting certified the final plat. Placement on the Commission agenda was held pending receipt of permits from HRS. Those permits have been received. A detailed staff report is available for review in the City Manager's Office. Recommend approval of final plat for Delray Beach Yacht Club development project. Item No. 35 Appointment of Representative for Logic and Accuracy (L&A) Testing of Automatic Tabulating Equipment and Canvassing Board. By State Law, the City may designate the Palm Beach County Supervisor of Elections as a representative for the L&A test of automatic election tabulation equipment. The Supervisor may also serve as an additional member of the City's Canvassing Board. In the past the City Commission has appointed Jackie Winchester, Supervisor of Elections for Palm Beach County to represent the City. The automatic tabulating equipment will be tested at 10:00 a.m., November 20, 1989 and the pre-election test will be conducted on Tuesday, November 21, 1989. The canvassing of the absentee ballots will begin at 7:00 p.m., November 21, 1989, in the Supervisor of Elections Office in West Palm Beach, Florida. Recommend appointment of Jackie Winchester, Supervisor of Elections for Palm Beach County as representative for the testinq of the automatic tabulating equipment, as an additional member of the City's Canvassinq Board to represent the City in the pre-election test and to assist in the canvassing of the absentee ballots. Item No. 36 Request for Internal Fund Transfer. The Public Utilities Director is requesting authorization to transfer $190,350 from prior year (1988-89) Project Reserve to fund purchase of water meters for FY 1990 ($80,000), to fund interconnect with Boca Raton and Palm Beach County ($95,000), and to finalize acquisition of Lot 21 ($15,350). Recommend authorization to transfer $190,350 from (Account 441-5161-536-60.87), Water Interconnect 441-5161-536-64.01), and Land (441-5161-536-60.11). Water Meters (Account No. Item No. 37 Authorization for Expenditure from Law Enforcement Trust Fund. This is a request for funding to complete the last step in the Accreditation process. The Police Department is requesting $13,784 to - 8 - AGENDA REPORT Meeting of 11/14/89 pay the second half of the Accreditation Fee ($3,650), travel and related expenses ($5,134) and operating supplies ($5,000). Recommend a roval of Account in the amount Accreditation. ex enditure of 13,784 from to the Law Enforcement Trust cover expenses related to Item No. 38 Uniform "Gross Up". At your November 7th workshop meeting the Commission agreed to increase the allowance for uniform "gross up" for seven (non-union) personnel in the Police Department. This item is on the agenda for formal action. Recommend approval of "qross up" allowance for seven personnel in the Police Department. Item No. 39 Approval of Change Order No. 2- East Linton Irrigation. This Change Order No. 2 represents an increase in the contract amount of $1,500 to relocate a pump enclosure, electrical wiring and slab further east in Median #12 to avoid conflicts with a concealed electrical conduit. Recommend approval of Change Order No.2 in the amount of $1.500 with funding from Linton Avenue Beautification (Account No. 333-4141-572-61.25). Item No. 40 Request for Final Payment. We received a request for final payment ~n the amount of $37,108.88 from Elkins Constructors, Inc. for completion of the Delray Beach Water Treatment Plan Packed Tower Air Scrubbers. Staff and the Consulting Engineer have reviewed all work performed and have determined that the material and equipment supplied by the contractor is satisfactory, therefore payment is appropriate. Recommend a~proval of final payment to Elkins Constructors in the amount of 37,108.88 with fundinq from Water and Sewer Air Scrubber (Account 441-5162-536-60.49). Item No. 41 Request for Funding. The Frances J. Bright Woman's Club is requesting $50 in support of activities planned for the Martin Luther King, Jr. Holiday celebration. Funding is available in the Commission's Special Events Account. Recommend approval of request for $50 from the Frances J. Briqht Woman's Club with fundinq from the Commission's Special Events Account No. 001-1111-511-33.81. Item No. 42 Request for Funding. The City Manager Selection task Force is requesting $1,000 to cover interim expenses. These expenses include adverting costs and compensation. Funding is available in the City Manager's Contingency Account. Recommend a roval of a ment to the Cit Mana er in the amount of 1,000 with fundinq Continqency Account No. 001-6511-581-90.51. Item No. 43 Approval of Exterior Color Selection for the City Hall Expansion Project. The Community Appearance Board approved peach dust and white shadow as exterior colors for City Hall. Color samples are available for your review in the 1st Floor Lobby of City Hall. This item is before you for your recommendation and approval if appropriate. Selection Task Force the City Manager's Recommend approval of peach dust and white shadow as exterior colors for City Hall. - 9 - AGENDA REPORT Meeting of 11/14/89 Item No. 44 Sign Approval- Del-Ida Park Historical District. The Del-Ida Park Historic District Association is requesting authorization to place a sign on City property at the northeast corner of Swinton Avenue and Dixie Boulevard approximately 10 feet from the property line. The sign will be identical to the sign located at N.E. 2nd Avenue and Dixie Boulevard. Recommend approval of Del-Ida Park Historic Siqn. Item No. 45 Acceptance of eight foot easement across needed in conjunction with the Easement Deed. Tom Jr's has granted an the east side of his property which is construction of the Delray Mall Fence. Recommend acceptance of easement deed from Tom Jr's. Item No. 46 Acceptance of Easement Deed. Crosswinds Condominium Association has granted a water utility easement to allow the Delray Bay Apartment Development to loop the internal (public) water system being provided in conjunction with the construction of Delray Bay. Recommend acceptance of Condominium Association. water utility easement from Crosswinds Item No. 47 Resolution No. 82-89. A Resolution supporting Florida Statute 893.13 (1) relative to selling, purchasing, manufacturing, or delivering of a controlled substance in, or within 1,000 feet of a public or private, elementary, middle or secondary school. The amendment provides for a minimum mandatory three-year sentence for a person convicted of selling controlled substances in, or within 1,000 of schools. "Drug Frees School Zone" signs will be placed by schools located within the boundaries of Delray Beach. Additionally, the Commission is urging the Governor to implement an additional amendment to his "Drug Free School Zone Program" which would also encompass all houses of worship and public parks within the State of Florida. Recommend approval of Resolution 82-89. Item No. 48 Resolution No. 83-89. A Resolution assessing the costs for abatement action required to remove an unsafe building on property located at 146 S.W. 4th Avenue. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $1,511.40 remains unpaid. Recommend approval of Resolution 83-89. Item No. 49 Resolution No. 84-89. A Resolution assessing the costs for abatement action required to board up an unsafe building on property at 708 S.W. 2nd Terrace. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $1,518.10 remains unpaid. Recommend approval of Resolution 84-89. Item No. 50 Resolution No. 85-89. A Resolution assessing the costs for abatement action required to board up an unsafe building on property at 338 N.W. 4th Avenue. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $726 remains unpaid. Recommend approval of Resolution No. 85-89. Item No. 51 Resolution No. 86-89. A Resolution assessing the costs for nuisance abatement action required to remove nuisances on 58 parcels throughout the City. City Manager recommend approval. The Resolution sets forth the actual costs incurred and provides the - 10 - AGENDA REPORT Meeting of 11/14/89 mechanism to attach a lien on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 86-89. Item No. 52 AWARD of BIDS AND CONTRACTS. A. Submersible Wastewater Pumps- Southeastern Pump Company in an estimated annual amount of $23,443 with funding from Water and Sewer Pumps and Hoses (441-5141-526-60.88) and Water and Sewer Equipment (441-5161-536-60.89). B. Loader/ Backhoe for Public Utilities- Case Power and Equipment in the amount of $35,000 with funding from Water and Sewer Equipment (Account No. 441-5161-536-60.89). C. Two (2) Advanced Life ~upport Rescue Vehicles- Emergency Vehicles Fabricators, Inc. ~n the amount of $127,2500 with funding from Fire/ EMS Operations- Automotive (Account No. 001-2315-526-60.84). (Subject to receipt of grant funds from the State). D. Sewer Inc. in Equipment Joint Sealing Equipment for Public Utilities- the amount of $39,570 with funding from Water and (Account No. 441-5161-536-60.89). Cues, Sewer Item No. 53 Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager - 11 - [ITY DF DElRAY BEA[H _-+-"l WHEREAS, the Historic Preservation Board will hold its 2nd Annual "This Old Town" Preservation Conference on January 12 _ 13, 1990; and, WHEREAS, the Historic Preservation Board and the City of Delray Beach warmly welcomes the many guests who will be attending the 2nd Annual "This Old Town" Preservation Conference; and, WHEREAS, the Preservation Conference will offer its guests seminars, workshops, receptions and tours of local historic districts and sites, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, on behalf of the Commission and resi- dents of the City of Delray Beach, do hereby extend best wishes for much success to the Historic Preservation Board's 2nd Annual "This Old Town" Preservation Conference. 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 14th day of November, 1989. MAY 0 R DOAK S. CAMPBELL SEAL 10 MEMORANDUM DATE: OCTOBER 22, 1989 ~ CITY MANAGER Y TO: MALCOM BIRD, ~"" PAT CAYCE, HISTORIC PRESERVATION PLANNER FROM: THRU: STAN WEEDON, ASSISTANT DIRECTOR PLANNING & ZONING);J SUBJECT: PRE-AGENDA PREPARATION MEETING, HISTORIC PRESERVATION BOARD AGENDA REQUEST FOR CITY COMMISSION MEETING, TUESDAY, NOVEMBER 7, 1989. The HPB will be requesting that the fOllowing item be included on the City Commission Regular Agenda, Tuesday, November 7, 1989: Approval of 2nd Annual "This Old Town" Preservation Conference. BACKGROUND The Historic Preservation Board will hold its 2nd annual "This Old Town" Preservation Conference on January 12th and 13th, 1990, in conjunction with the Florida Trust for Historic Preservation. The conference will be held at the Colony Hotel. It will open on Friday, January 12, 1990 at 5:00 p.m. with registration and reception. Saturday's program will begin at 8:00 a.m. with continental breakfast followed by preservation seminars, buffet lunch, an afternoon seminar, tour of historic districts and evening reception held at one of our historic homes. The Colony Hotel provides special rates for guests from out of town. There is no cash contribution requested from the City, however last year the City provided, through the Parks & Recreation Department, folding chairs and tables delivered to the site of the "historic house reception" and also the loan of a slide projector and sound system. HPB requests the same help this year. The advance money for printing, etc came from the HPB's reserve I donation) account. The conference made a small profit last year, approximately $50, which was returned to the reserve account. Last year's conference was very well received and attracted guests from as far away as Orlando and Lakeland. George Percy, State Historic Preservation Officer, and Fred Gaske, from the Division of Historical Resources came from Tallahassee. Charles / 'I Olsen, Director of the Florida Trust, Tallahassee was a guest speaker. We have every expectation of another successful conference in 1990. Recommended Action That the City Commission vote to approve the 2nd Annual Preservation Conference to be held January 12 and 13, 1990, and to approve the loan of chairs, tables (and delivery of same), slide projector, sound system and any other equipment needed to produce the conference.. file/Bird3 r-----~ ! ;'; 'I' Lx ___ ,'.1- GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 NORTH MICHIGAN AvENUE SUITE 800 CHICAGC ILLINOiS 6060\ 312/977-9700 FAX 312977-4806 August 4, 1989 {lUG ;j 1989 Mr. Walter O. Barry City Manager City of Delray Beach 100 NW lst Avenue Delray Beach, Florida 33444 Dear Mr. Barry: Congratulations for having attained the Distinguished Budget Presentation Award from the Government Finance Officers Association (GF~). This award is the highest form of recognition in governmental budgeting. Its attainment represents a significant accomplishment by a government and its management. Your award will be mailed separately. We hope you will arrange for a formal public presentation of the Distinguished Budget Presentation Award, and that appropriate publicity will be given to this notable achievement. A press release is enclosed. We appreciate your participation in GF~ 'S budget program and we sincerely hope that your example will encourage other governments to strengthen their efforts to achieve and maintain excellence in governmental budgeting. Sincerely, iJ#~$f, Jeffrey L. Esser Executive Director JLEjaf Enclosure WASHINGTON OFFICE, SUITE 200. 1750 K STREET NW . WASHINGTON D,C. 20006 . 202/429-2750. FAX 202/429-2755 , 1 7 ORDINANCE NO. 55-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY 1,000 FEET SOUTH OF LINTON BOULEVARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID- ING FOR THE ZONING THEREOF TO POC (PLANNED OFFICE CENTER) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, SCPC Builders, Inc. is the fee simple owner of the West 685 feet of the South Half (S 1/2) of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida (LESS the right-of-way for Military Trail); and, WHEREAS, Military Trail Investors, Ltd. is the fee simple owner of the South Half (S 1/2) of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida (LESS the West 685.00 feet thereof); and, WHEREAS, the fee simple owners as hereinabove named have requested by their petitions to have the property hereinaf- ter described annexed into the municipal limits of the City of Delray Beach; and, WHEREAS, the subject property hereinafter described is now contiguous to the corporate limits of the City of Delray Beach, thus making said petitions for annexation effective at this time; and, WHEREAS, the designation of a zoning classification is part of the annexation proceeding, and provis ions 0 f 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: The West 685 feet of the South Half (S 1/2) of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida (LESS the right-of-way for Military Trail), together with, <6 The South Half (S 1/2) of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the North- west Quarter (NW 1/4) of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida (LESS the West 685.00 feet thereof). The subject property is located on the east side of Military Trail, approximately 1,000 feet south of Linton Boulevard. The above described parcel contains 10.04 acres of land, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That Section 173.886 of the Zoning Code has been followed 1n the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District POC (Planned Office Center) as defined by existing ordinances of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens. of the City of Delray Beach. Section 5. That this annexation of the subject proper- ty, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or Word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1989. ATTEST: M A '{ 0 R City Clerk First Reading Second Reading - 2 - Ord. No. 55-89 C I T Y COM MIS S ION DOCUMENTATION TO: ROBERT A. BARCINS ,ASSISTANT CITY MANAGER ~~a:CE' IRECTOR DEVELOPMENT SERVICES GROUP VIA: . ~ ~Uo.u- DA ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF SEPTEMBER 12, 1989 FIRST READING ORDINANCE 55 -89 ANNEXATION OF THE SOUTH COUNTY PROFESSIONAL CENTER ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commisison is that of approval . on first reading of an ordinance which will annex property located on the east side of Military Trail, south of Linton with initial zoning P.O.C. If approved, a pUblic hearing would be advertised for October la, 1989. BACKGROUND: This IO acre parcel is partially developed and is known as the South County Professional Center. The development which has occured was tied to a water service agreement which contained the standard annexation clause. , At the time 'the Linton (Delray) Manor A.C.L.F. annexation ocurred, the P&Z Board provided a directive to annex contiguous properties which were bound to annexation by a water service agreement. We have now gotten to that item. The existing development did not go through the City's site plan review process; thus, the site plan has no vested status with the City. It will be necessary for the eastern portion of the site to have formal site plan approval prior to additional construction. The only item which may have a negative impact upon site development pertains to a requirement for accommodating the location of a collector street along the east property boundary. The agent and owner are aware of this situation. Please see the full P&Z staff report for a full project analysis. PLANNING AND ZONING BOARD CONSIDERATION: At it's meeting of August 21, 1989. the Planning and Zoning Board forwarded the item with a unaminous recommendation of approval. The agent contents of approval. (Bob Basehart) was the staff report. present and There were acknowledged no conditions the of To: Robert A. Barcinski, Assistant City Manager Re: First Reading Ordinance~ -89 Annexation of the South County Professional Center Page 2 RECOMMENDED ACTION: By motion, approval of Ordinance 55-89 on first reading and set October 10, 1989, as a public hearing date for consideration of second reading. Attachment: Cover sheet from theP&Z Staff Report of August 21, 1989 Ordinance prepared by others A full P&Z staff report is available in the City Manager's Office REF/DJK#51/CCPROFAX.TXT t/;,{ bLHNNING & CITY OF OELRAY ZONING BOARD BEACH MEETING CATE: August 21, 1989 STAFF REPORT AGEN::l=1 ITEM: I II-A ITEM: Annexation of South County Professional Center ~ '. If /.., " f." "It/d. "~ ~~r- I /' UNTON OAKS 8 SOJARE A I . PBL~'~ J ~~V~ ~'} ll.t~. ,.' l.~' . ~\~~~ @ .;-~ ~q,.oe/ \~J; GENERAL DATA: Owner........ ............ .....w..t portion of property 1. . condominium with v.rlou. own.r., ...t portlon 1. own.d by Mlllt.ry Trlil Inve.tment, Inc. (I.. attached lilt) AQ.nt.........................ROblrt B...hart, Urban De.i;n Studio ~.t1on......................E..t sid. of M111t.ry Tr.11 .pproxlm.t.ly 1,000 f..t .outh of Linton Boul.v.rd Property Size............... ..10.04 Acr.. County L.nd U.e Pl.n..........L-M/C fLow-M.dlum R..1d.ntl.l/Commerc1.1 Pot.nt1.1 Ex1.tlnq City L'nd U.e Pl.n...M.d1c.l In.tltut1on.l Propo.ed City Lind U.e Plan...Tran.itional Ex1.tlnq County Zonlnq........CS (Spec1.1iz.d Commerci.ll Propo..d Clty Zon1nq..........POC (Pl.nned Offlc. C.nt.r) A4l.c.nt Zoninq...............Horth i. lon.d City MOl (M.dic.l Offlc. .nd In.titutionalOi.trict). Ealt and louth ar. zoned County RT (R..id.nti.l Tr.n.ition.l). w..t i. lon.d County RS (51nql. r..,uy R..identill) .nd Clty GC (Gener.l Commerci.l). Exilt1n; Lind Us..... ... ......w..t.rn half: Of lice condominium . elltern halt, vacant Propo.ed L.nd U............ ...Ex1.tlnq 60,701 .qu.r. f..t qro.. l....bl. offic. sple., plus proposed 50,548 square teet 9ro.. le...ble .r.. (Tot.l . 111,249 ql.) Witer Service,.. ... ...... ....Exl.tlnq 12" line down tho ...t .ide of Milit.ry Trail and existin; servie. line. on .it. Sewer Service ..... ..... ......Exi.tinq fore. m.in on the w..t .id. of Military Trlil wn1eh ero.... And .ervie.. the South County Ment.l Health C.nt.r .nd tho .uel.ct property :} .~: ',' <{" ::!:. :~~ "':0 ~ '(." ~" ~ u '" .' .. r TEM :T!T' _ I :>. f ;', 29 September 1989 CITY OF DELRAY BEACH DEPARTMENT OF PLANNING AND ZONING 100 N.W. FIRST AVENUE DELRAY BEACH, FL 33444 ATTN: MR. DAVID KOVACS, DIRECTOR RE: ANNEXATION OP SOUTH COUNTY PROFESSIONAL CBNTBR Dear Mr. Kovacs: Pursuant to my meeting with Mr. Weedon of your office, please accept this letter as a statement of our understanding regarding the above referenced project which is subject to a request for voluntary annexation into the City of Delray Beach. Two points which were raised during the processing of this application have been cleared and we wish to make our understanding of these points part of the official record of this annexation. The first point is that since this project was previously approved as a P1anned Commercial Development by Palm Beach County, the traffic generated by this project is considered vested under the County's Traffic Performance Standards and that neither the annexation process or the subsequent site plan review will change this vested status, nor will the City's imminent adoption of the Countywide Traffic Performance Standards require a re-visitation of the project's traffic generation or impacts. The second point is that the question of an additional right-of- way taking along the easterly property line will be a function of the site plan review process and is not being made a part of the annexation procedure. Your staff's preliminary review of the conceptual site plan indicates that even if it is ultimately decided to require more right-of-way, this may have a minimal effect, if any, on the proposed layout of the site and that this' issue is appropriately handled at the site plan review level. I would like to thank you and your staff for your assistance and consideration of these issues. If you have any questions or need more information, please don't hesitate to contact me or this office. Sincerely, URBAN DESIGN STUDIO ~ ~L~/- Russell C. Scott, AS LA Project Manager, Agent Ul1lon Dolllln S1ucflo Ul'tNIn "-"nino UindlCllpe Archltectl,1I O,.phlc o.llgn CC: Allan Gluckstern 81:15032.10 1 2000 _ BolCh Lakoo lloulooNo SuullOOThoC"""",'IO - _ BolCh. FIot>dl 3340H~2 407.ll8Qooee SIuIn. Fl 407.28.10022 Newpan BolCh. CA "'.542. '089, <:.: .,. ~: ".;. !. ORDINANCE NO. 68-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-84, PERTAINING TO AN 86.423 ACRE PARCEL OF LAND, MORE OR LESS, PRESENTLY ZONED TO THE SAD (SPECIAL ACTIVITIES) DISTRICT AND LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN LINDELL BOULEVARD AND INTERSTATE-95, SAID LAND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BY AMENDING SECTION 3 OF ORDINANCE 79-84 TO PROVIDE THAT THE DEVELOPMENT OF THE SUBJECT PROPERTY SHALL BE IN ACCORDANCE WITH THE APPROVED CONCEP- TUAL MASTER DEVELOPMENT PLAN DATED NOVEMBER 21, 1988, AND SUBSEQUENT SPECIFIC SITE PLANS AP- PROVED BY THE CITY CONSISTENT WITH THE CONCEPTU- AL MASTER DEVELOPMENT PLAN, ORDINANCE NO. 79-84, AND RESOLUTION NO. 49-85, IN LIEU OF THE CURRENT SITE SPECIFIC DEVELOPMENT PLANS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission in Ordinance No. 79-84 zoned the property to the SAD (Special Activities) District and approved a conditional use and site and development plan subject to conditions; and, WHEREAS, at the meeting of November 21, 1988, the Planning and Zoning Board considered a request for modifications to the Waterford Place (formerly Delint Center) Development of Regional Impact (DRI), including adoption of a conceptual site plan in lieu of the effective specific site plan, and unanimously recommended that the modifications to the approved DRI be ap- proved by th~ City Commission; and, WHEREAS, at the meeting of December 13, 1988, the City t Commission considered and approved modifications to the Water ford Place (formerly Delint Center) Development of Regional Impact (DRI) to (1) replace the current site specific plans with a conceptual site plan, and (2) relocate the access to the hotel parcel as requested by the City; and, the No. WHEREAS, the approval granted by meeting of December 13, 1988, requires 79-84, the City Commission at amendment of Ordinance ., NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Ordinance No. 79-84 is hereby amended by repealing Section 3 of Ordinance 79-84, and enacting a new site and development plan approval as follows: That the development of the property described in Section 1 of Ordinance No. 79-84 is to be in accordance with the approved Conceptual Master Development Plan (CMDP) dated November 21, 1988, and subsequent specific site plans approved by the City consistent with the CMDP, Ordinance No. 79-84, and Resolution No. 49-85. Section 2. Ordinance No. 79-84, force and effect. All other terms and conditions contained in not in conflict herewith, remain in full q Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon 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, 68-89 C I T Y COM MIS S ION DOC U MEN TAT ION 'I'HRU: ROBERT A. BARCINS~, ASSISTANT CITY MANAGER ~, ~ FR~~~CE, DIRECTOR ,/DEVELOPMENT SERVICES GROUP '. \ ",,",-j, (:'. \ J 1--( '-- ( t>AvrD J: KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING TO: VIA: FROM: STAN WEEDON, ASSISTANT PLANNING DIRECTOR DATE: OCTOBER 16, 1989 SUBJECT: MEETING OF OCTOBER 24, 1989 MODIFICATION TO THE WATERFORD PLACE DRI (Formerly the Delint Center DRI) ACTION BEFORE THE COMMISSION: The action requested of the City Commission is that of formalizing a previous City Commission approval of two modifications to the Waterford Place DRI via approval an amendment to Ordinance 79-84 the Delint Center SAD zoning, and an amendment to the Delint Center Development Order, Resolution No. 49-85 (as amended by Ordinance 96-87). HISTORY: The City commission at the December 13, 1988 meeting approved modifications to the Waterford Place (formerly Delint Center) Development of Regional Impact (DRI) including adoption of a conceptual site plan in lieu of the effective specific site plan. This approval'should have included amendment of Ordinance 79-84 and Resolution 49-85 for the DRI and approval of the conceptual site plan (reduced copy attached). The two modifications which the Commission considered and approved are: 1) to replace the current site specific plans with a conceptual site plan, and 2) relocate the access to the hotel parcel as requested by the City. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this request at their meeting of November 21, 1988 and unanimOUSly rec0mmended that the following modifications to the approved DRI be approved by the City Commission. 1. That Section 3 of Ordinance 79-84 be amended to read: That the development of the property described in Section 1 is to be in accordance with the approved Conceptual Master Development Plan (CMDP) dated November 21, 1988 and subsequent specific site plans approved by the City consistent with the CMDP, Ordinance 79-84, and Resolution No. 49-85 2. Item 28 of Resolution No. 49-85 should be amended to read: Any modification or deviations from the approved plans or requirements of this Development Order shall be submitted to the Planning Director for a determination of whether the chanqe(s) exceed the criteria for substantial deviations of Section 380.06(19) and therefore require a determination by the City Commission as to whether the change constitutes a substantial deviation as provided in Section 380.06(17), Florida Statutes. When required, the City Commission shall make its determination of substantial deviation at a public hearing after notice to the developer. RECOMMENDED ACTION: By motion, formally approve the Place Development of Regional amendments to Ordinance 79-84 and modifications to the Water ford Impact via approval of the Resolution 49-85. Attachments: Memo to City Clerk, June 27, 1989 a full P&Z Staff Report is available in the City Manager's Office, November 18, 1988 -1 --- ----------- - MEMORANDUM To: Elizabeth Arnau, City Clerk Stan Weedon, Assistant Planning Directo~~ 1988 Delint DRI Modification From: Re: Date: June 27, 1989 The City Commission at their December 13, 1988 meeting approved modifications to the Delint Development of Regional Impact (DRI). The approval should have included an ordinance and resolutio as recommended in the staff report and a reduced copy of the conceptual site plan (copy attached). Through some overs' e, these items were never presented for Commission approval. To maintain a clear and correct record of the DRI, we sho, ld retroactively present the appropriate ordinance and resolution for formal approval. I therefore request that your office prepare the necessary items for presentation to the C~ty Commission. Please call on me if you need any assistance in tpis matter. Thank You. cc: David J. Kovacs, Planning Director Delint File SW 89-l/Delint .::? " :::~ \\ :4 .:.;. i :~~~ '.:\; :f .. 1 ~ : '. j . MEMORANDUM To: Planning and Zoning Board Thru: David J. Kovacs, Planning Director Stan Weedon, Assistant Planning Directo~ November 18, 1988 From: Date: Meeting Date: November 21, 1988 Re: Modification to the Waterford Place DRI, 1988 ITEM BEFORE THE PLANNING AND ZONING BOARD: This item involves two requested modifications to the Waterford Place (formerly Delint Center) Development of Regional Impact (DRI) . The requested modifications affect the Conditional Use Permit associated with the SAD District designation enacted by Ordinance 79-84 and the Delint center Development Order, Resolution No. 49-85. The Board I s action is in the form of a recommendation to the City Commission on the two proposed modifications. SPECIFIC REQUEST: The requested modifications are: 1) to replace the current site specific plans with a conceptual site plan, and 2) relocate the access to the hotel parcel as requested by the City. BACKGROUND: In 1987, the City considered and approved three modifications to the Waterford DR! (Ordinance 96-87, December 22, 1987). These modifications were: 1. A site plan modification to the mUltiple family residential units and attendant recreational facilities portion of the approved site plan; 2. An amendment to the approved cross-section for southbound S.W. lOth Avenue at Lindell Boulevard to eliminate the southbound exclusive right-turn lane from S.W. 10th Avenue onto Lindell Boulevard. i :::~ )J -:.;. i .~:. .::~ .. " ,I,' ~ .. i ~ . 3. Amended the project phasing from hotel rooms, residential units and office square footage to an equivalent amount of vehicle trips generated in each phase. At that time, State Statutes required the City to determine whether the proposed changes constituted a substantial deviation to the approved D.R.I. as provided in Section 380.06(N), Florida Statutes. The Board's action was in the form of four recommendations to the City Commission, a recommendation regarding the level of deviation and a recommendation on each of the three proposed modifications. Subsequent to the City's consideration of these modifications, the State has amended Chapter 380 of the Florida Statutes which regulate Developments of Regional Impacts. The amendments (Chapter 88-164) involve new thresholds for modifications which are presumed to be major modifications and thus require a public hearing to make the determination if in fact the proposed modification is/are major modifications. Those modifications which do not meet or exceed the thresholds as set forth in Section 380.06 (19)(E)2, do not require a public hearing to make this determination. The modifications as proposed by this application do not require a public hearing to make this determination. Therefore, the Planning and Zoning Board action is consideration and recommendation on the specific modifications requested. As a result of the amendment of the State Statutes, Item 28 of the Development Order, Resolution No. 49-85 should be amended to provide for a determination by the Planning Director as to whether a proposed modification to the DRI exceeds the thresholds and therefore requires a determination by the City Commission. EVALUATION OF APPLICANT'S PROPOSAL: It is unusual, for detailed site plans to be included in an Application for Development Approval (ADA). A detailed site plan was included with the original ADA for Waterford Place (formerly Delint Center) because it was previously prepared for the City's local review process. ThiS plan contains specifics such as building locations, landscaping, and parking lot configurations. Presently a modification to any of these items requires a modification to the Site Plan which was approved as a part of the Conditional Use Permit associated with the SAD District designation enacted by Ordinance 79-84 and the Delint center Development Order, Resolution No. 49-85. The proposed site plan modification has no internal or external impacts of a regional nature and the cumulative quantity of development is unaltered (is equal to the approved specific site plan). The three areas of primary development; office, hotel, and apartments, remain. =='\ ::W .. .., .=~ .. .:~~ '): 1 .. .; 1 ., } I ) t .~; The approved DRI as subsequently modified by the City allows for the following development: Total Site Area .......................... 87.311 acres Apartments .. . . . . . . . . . . . . . . .. 236 ....... 24.660 acres Hotel..... Rooms............. 250 ........ 9.060 acres Lounge Dining Meeting 5,700 square feet 5,200 square feet 5,800 square feet Office Space.........600,000 square feet. 37.720 acres Recreational Area........................... .570 acres Water Body/Area........................... 19.370 acres The distribution of land uses and the quantity of development associated with each area is not affected by the proposed modif ica tion. The proposed conceptual site plan provides for land uses, densities, and their general locations as well as locations of travel corridors and points of ingress and egress. Approval of the conceptual site plan will allow minor site and development changes to be reviewed and approved by the City and permit application of current development standards to the site and development plans. Unnecessary review of minor site plan changes by the Treasure Coast Regional Planning Council (TCRPC) and the State Department of Community Affairs (DCA) will be eliminated (see attached letter from DCA). The role of the TCRPC and DCA in the review of changes that may have regional or state significance is not altered by this proposed modification. Staff has reviewed the original DRI and Development Order (DO) and compliance thereto as well as the status of all other site plan and zoning approvals which have been previously granted to the Waterford Place DRI. As a result of this review, we have found: I. The SAD Ordinance (No. 79-84, October 9, 1984) approved the development with a time limit of three (3) years from the effective date of the DRI Development Order (Resolution No. 49-85, May'28, 1985). The SAD site plan and conditional use for the hotel and office portion expired on May 28, 1988. Waterford Village, the residential development received an extension in January 1988 for 18 months. The site plan and conditional use approval for Waterford Village is therefore valid until April 1989, 2. A complete failure to comply with conditions 3 & 4 (Air) of the DO (Resolution No. 49-85), pertaining to the seeding and mUlching of the site after clearing, and control of unconfined emissions (blowing sand and dust) via wetting or other soil treatment, and I j .;::~ .:.;, ::~~ :~ '::r ::~~ ::i.: :r t '~ , " 3. A complete failure to comply with condition 10 (Drainage) of the DO (Resolution No. 49-85), pertaining to the establishment of a vegetated and functional littoral zone as part of the surface water management system and drainage canals no later than 18 months after the lakes are excavated. With regard to Item I, it will be necessary to process development and site plans for the office and hotel portions of the DRI through the entire SAD (zoning) process. The Engineering Department has notified the South Florida Water Management District (SFWMD) and the Palm Beach County Health Department (PBCHD) of the Engineering Departments concerns relative to items 2 & 3. The SFWMD has stated that an inspector will visit the site regarding these items. The Engineering Department has notified R.E. Owens (engineering firm) that they must commence an effort to control the soil erosion immediately. The Engineering Department has approved of the use of a watering truck to eliminate blowing dust and sand on site. The revised entrance to the hotel site is a result of the extension of Germantown Road, as addressed in the attached letter to Mr. Thomas McMurrain, V.P. of Ocean Properties, Ltd. from the Planning Director. The revised entrance does not affect the traffic generation rate (#'s) of the proposed hotel, therefore impacts of this modification are nonexistent. SUMMARY AND CONCLUSION: Neither the State Department of Community Affairs or the Treasure Coast Regional Planning Council have objections to the proposed modifications. There are no negative impacts associated with approving the applicants modification requests. However, the applicant has failed to abide by two of the conditions of the original approval of the DRI, and should therefore be required to comply in the future. The proposed modifications do not alter the SAD District designation enacted by Ordinance 79-84 or the Delint center Development Order, Resolution No. 49-85 (as amended by Ordinance 96-87). RECOMMENDATION: That the Planning and Zoning Board recommend Commission approve the two modifications to the (formerly Delint Center) Development of Regional conditions noted below. that the City Waterford Place Impact with the 1. That the applicant be required to comply with conditions 3 & 4 (Air) and condition 10 (Water) of the Development Order (Resolution No. 49-85), prior to '.' ., j I ':'] :.;. I :~ ",:-! , ::~~ } :r I .~ ; , .. .. I,. the issuance of any further building permits, and that the Code Enforcement Division be directed to inspect for compliance and enforce the conditions of the Development Order as appropriate. 2. That Section 3 of Ordinance 79-84 be amended to read: That the development of the property described in Section 1 is to be in accordance with the approved Conceptual Master Development Plan (CMDP) dated November 21, 1988 and subsequent specific site plans approved by the City consistent with the CMDP, Ordinance 79-84, and Resolution No. 49-85 3. Item 28 of Resolution No. 49-85 should be amended to read: Any modification or deviations from the approved plans or requirements of this Development Order shall be submitted to the Planning Director for a determination of whether the change(s) exceed the criteria for substantial deviations of Section 380.06(19) and therefore require a determination by the City Commission as to whether the change constitutes a substantial deviation as provided in Section 380.06(17), Florida Statutes. When required, the City Commission shall make its determination of substantial deviation at a public hearing after notice to the developer. REF/COMP. PLAN III/WATERSR.TXT :-'"DINANCE NO 69-89 l>.N ORDH1ANCE OF THE C'ITY COHNISSION OF THE CITY OF D~LRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBHEADING, "DEBARMENT OR SUSPENSION OF VENDORS AND CONTRACTORS" TO INCLUDE SECTIONS 36.29 THROUGH 36. 32; PROVIDING FOR THE PURPOSE AND AUTHORITY TO DEBAR OR SUSPEND VENDORS OR CONTRACTORS DOING BUSINESS WITH THE CITY; TO PROVIDE FOR CAUSES OF DEBARMENT OR SUSPENSION OF VENDORS OR CONTRACTORS DOING BUSINESS WITH THE CITY; TO PROVIDE FOR A RIGHT OF l>.PPEAL AND HEARING; TO PROVIDE PROCEDURES FOR REINSTATEMENT OF VENDORS OR CONTRACTORS DOING BUSINESS WITH THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING A GENERA!, REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE ~ITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 36, "Financ€:; City Property Transactions", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by 0nacting a new Subheading, "Debarment or Suspension of Vendors and Contractors", to include Sections 36.29 through 36.32 to read as hollows: Debarment or Suspension of Vendors and Contractors 36.29, Purpose. The Purpose of this Chapter is to establish responsibilities and to implement procedures. to be followed when and if it becomes necessary to debar or suspend a vendor or contractor from doing business wi.th the City of Delray Beach. 36.30 Authority to Debar or Suspend. PI) Authority. After reasonable notice to the person, firm partnership, or corporation involved and reasonable opportunity for same to be heard, the Purchasing Director, after consultation with the City Manager and C,ity Attorney, shall have authority to debar a person, firm, partnership or corporation for cause from consideration for award of future contracts. The debarment shall be for a period of no more than three years. The P\~chasing Director shall also have the authority to suspend a person, firm, partnership or corporation from consideration for award of contracts if there is probable cause for debarment. The suspension ~,hall not be for a periOd exceeding three months. (B) Cause for Debarment. The causes for debarment include the following: ( 1) conviction for cOlTll\lission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. /0 ( ?) Conviction under state or federal statutes 0: embe~zlement, theft, forgery, bribery, falsificatior J" je~truction of records, receiving stoler property, or any other offense indicating a lack oj business integrity or business honesty whicr 'C'.Jrt'f.;ntly, seriously, and directly affect, responsibility as a vendor or contractor. (0,) C'onviction under state or federal ant,itrust statute, arising out of the submission of bids or proposals. 14) Violation of contract provisions, as set forte below, of a character which is l'egarded by thE Purchasing Director to be so serious as to j ustif} debarment action: a. Deliberat.e fal lure without. good cause to perform in accordance with the specification~ or within the time Umit provided in the ,~ontract; or b. A recent record of failure to perform or unsatisfactory performances in accordance wit~ the terms of one or more contracts; PT.ovided that failure to perform or unsatisfactory performance caused by acts beyond the control of the vendor or contractor shall not be ::onsidered to be a basis f or debarment. (5) Refutation of an offer by failure to provide bonds, insurance, or other required certificates wi thin a " .reasonable time period. (6) Refusa,l to accept a purchase order, agreement, or cont.ract. or to perform thereon; provided such order was issued timely and in conformance with the offer received. (7) Presence of principals or corporate officers in the business of concern, who were principals or corporate officers within another business at the time when the other business was suspended wi.thin the last three years under the prov.isions of this scct~ion. (8) Violation of the ethical standards set fort.h in State Law. (;l) Any other cause the Purchase Director determines to be ~o serious and compelling as to affect responsibili ty as a city contractor including debi:lT.ment by another governmental enti ty for any cause listed in this policy. (C) Decision. The Purchasing Director shall issue a written dncision t.o debar or sllspend. The decision shall: (l) State the reason for the action taken, and 2 ORn. NO. 69-89 Tll (2\ Inform the debarred or suspended person of its rLghts to Administrative or judicial review. (D) Notice of Decision. A copy of the decision for thE: debarment or suspension shall be mailed or otherwise f'.lI nished immediately t.O the debarred or suspended pe.rson, ;:,lrm, partnership, or corporation and any other party intervening. 36.31. Appeals and Remedies: (A) Right of Appeal. Any person, firm, partnership qr corporation dissatisfi.ed or aggrieved with the notif ication of the Purchasing Director I s determination t.o dF)bar or suspend, must within t.en (10) calendar days of such notification, appeal said det.ermination to the City in accordance with the hearing procedures contained in this section. (B) Hearing Date. Within thirty (30) calendar days from the receipt of the notice of appeal, the City shall schedule a hearing before a hearing officer, at which time the person shall be given the opportunity to demonstrate Why the decision of the Purchasing Director should be overtllrned. (C) Hearing Procedure. The procedure for any hearing required by this Chapter shall be: . .' (2 ) (0,\ ( 4 j (1 ) The City shall cause to be served upon the person, firm, part.nership or corporation, a notice of hearing, stating the time and place of the hearing. The notice of hearLng shall be sent by certH ied ffiRil, return rFJceipt requested, to the mailing ~ddress of the vendor or contractor. The person, firm, partnership or corporation shall have the right to be represented by counsel, to call and examine witnesses, to introduce exhibits, to examine opposing witnesses on any relevant matter, el/en though the matter was not covered. under direc:1 exarnina tion, and to impeach any wi tness regardless of which party first called him to testify. . In any hearing. before tthe hearing officer, irrelevant, immaterial or undUly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persuns in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of Florida. Within thirty (30) calendar days from the hearing, the hearing officer shall complete and submit to the City and the person, firm, partnership, or corporation requesting said hearing a final order consisting of hiS/her findings of fact and conclusions of law as to t.he granting or denial of the appeal. 3 ORD. NO. 69-89 (5) l>.ppeal from the decision of the hearing officer shall be by certiorari to the circuit court ir ]ccordance with the Florida Rules of Appellate Procedure. 36.32 Reinstatement. (A) Grounds. Request for re.instatement shall be made in '.vriLi.ng based upon the fOllowing: (1) DiscoverY:;,f new and material previously available; evidence not (2) Dismissal of the indictment or reversal of the ~'mviction; (1) Bona f ide change in s\d ficient to jus t.Hy responsibility. ownership or a finding management of present (B) Proced1.lres. The request for reinstatement shall be forwarded by t.he Director of Purchasing to a hearing officer for a determination on reinstatement. The determination whether to reinstate shall be based on t,he written submission of evidence, without further hearing. Upon consideration of t.he written submission and any responseF.rom the Director of Purchasing, the hearing officer shall make a determination whether or {lot reinstatement. is warranted under the standards set forth above. Section'2. That should any portion, paragraph, sentence, or word of this amendment be declared by a court of competent jurisdiction to be invalid, such decision shall not effect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be the same and are hereby repealed. Section -1. This ordinance shall become effective ten (10) days after passage upon second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of , 19____ MAY 0 R ATTEST: City Clerk F irst R(~ading Second Reading 4 ,)PD. N0. 69-89 [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE 3111 SI 1'1 SII{ITf, sun..;. DELRAY BEACH, FLORIDA 33483 4(17/1-l3.70911 T;:LECOPIER -107/278-4755 rIEMORANDUM Date: OC1:oner 3, 1'189 To: John Elliott, Assistant City Manager Ted Glas, Director of Purchasing From: Susan A, R1lby, Assl":C.ant (.;lty l,tt.orney Subject: Su,:;pcns.\.cJn/])(;barme.nt of VOfldors/Contraccors Pursuant to your rE:quest, the Suspension or. Debax'ment of Vendors and Con1:ractors Ordinances has been modified 1:0 reflect your desire to have the ordinance placed in Chapter 36 where other purchasing subjects arB contained. I have forwarded the or.iginal ordinance, as modified to Elizabeth Arnau, City Clerk. By copy of this memorandum to Malcolm Bird, Interim City Manager, our office is requesting that this ordinance be placed on an upcoming City Commission agenda. If you have baCkup materials for inclusion in the agenda, please forward it to the City Manager's office. ;;X cc Malcolm Bird, Interim City Manager Elizabeth Arnau, City Clerk I 1 , ~ : Ii " ORDINANCE NO. 74-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RM-6 MULTIPLE FAMILY DWELLING DISTRICT", SECTION 173.143, "DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES" , BY REPEALING SUBSECTION (A) (3) IN ITS ENTIRETY; BY AMENDING "RM-lO MULTIPLE FAMILY DWELLING DI S- TRICT", SECTION 173.183, "DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES", BY REPEALING SUBSEC- TION (A) (3) IN ITS ENTIRETY; AND BY AMENDING "RM-15 MULTIPLE FAMILY DWELLING DISTRICT", SECTION 173.223, "DENSITY REGULATIONS; EXCEP- TIONS FOR DUPLEXES", BY REPEALING SUBSECTION (A) (3) IN ITS ENTIRETY; 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", "RM-6 Multiple Family Dwelling District", Section 173.143, "Density Regulations; Exceptions For Duplexes", Subsec- tion (A), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 173.143 DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES. (A) The minimum lot or parcel of land shall be 'as follows: (1) First two units 8,000 sq.ft. 8,890 sq.ft. U'/J UdJdJtt, (2) Each additional unit ~21//~a*im~/t166t$ Section 2. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "RM-lO Multiple Family Dwelling District", Section 173.183, "Density Regulations; Exceptions For Duplexes", Subsec- tion (A), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 173.183 DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES. (A) In the RM-lO District, the minimum lot or parcel of land shall be as follows: (1) First two units 8,000 sq. ft. 4,445 sq.ft. t)\.tee tl'/J6U (2) Each additional unit ~21//~a*imnm/t16'/Jt$ I I Section 3. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "RM-15 Multiple Family Dwelling District", Section 173.223, "Density Regulations; Exceptions For Duplexes", Subsec- tion (A), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 173.223 DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES. (A) The minimum lot or parcel of land in the RM-15 District shall be as follows: (1) First two units 8,000 sq.ft. 2,735 sq.ft. t'l1tM~/ ti;M..f MntLal f.J..66ttlwil::n ~/V:t~*Ur/J.ftI M f,6'/J.t! f.J..66t" i;i1UA1-l (2) Each additional unit ~31/!M~*im~V:t/f,166t" Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 6. That this ordinance shall ~ecome effective immediately upon passage on second and final read~ng. 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. 74-89 . C I T Y COM MIS S ION DOC U MEN TAT ION TO: ROBERT A. BAR~~, ASS:STANT CITY MANAGER ~~ FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP ~j UU~ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF OCTOBER 24, 1989 TEXT AMENDMENT - ZONING CODE, LIMITATION ON FLOORS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first readinq on the enacting ordinance for a text amendment to the zoning code. BACKGROUND: This item involves the correction of an apparent oversight whereby certain provisions of the zoning code which should have previously been deleted have not been. Please see the P&Z Board staff report for further explanation. There are three sections involved. They involve a limitation on the number of floors which are allowed in a structure under RM-15, RM-lO, and RM-6 zoning. Since the code has been changed to eliminate this standard in the RL, RM, and RH districts and the height regulations have been changed to related to "feet" as opposed to "stories" or "floors", it appears appropriate to make the deletions. ' PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of October 16, 1989, the Board considered this item. After brief discussion, the Board, on a 5-1 vote with Coopersmith dissenting, recommended approval of the proposed text amendment. RECOMMENDED ACTION: By motion, approval of this enacting ordinance on first reading and set a public hearing date of November 14th. Attachments: * * Ordinance by the City Clerk P&Z Staff Report REF/DJK#53/CCFLOORS.TXT PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT TO: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH WQ,-J J ~'0C,C>L DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: AGENDA ITEM VI.D * REGULAR MEETING OF OCTOBER 16, 1989 TEXT AMENDMENT RE LIMITATION ON RESIDENTIAL FLOORS ITEM BEFORE THE BOARD: The action requested of the Board is that recoITUnendation on a proposed text amendment code. This is a staff initiated item. of making a to the zoning The amendment involves the subj ect of limitation on residential floors in multiple family developments. BACKGROUND: In 1988, the City undertook extensive revisions to those portions of the zoning code which dealt with height. The outcome was that all references to height were in feet and not stories. Among other objectives, uniformity was to have been provided throughout the code. In reviewing recent submittals, the following existing language was brought to our attention: "Maximum Floors: Three residential floors with a maximum of four floors overall" -- RM-15 ... l73.223(A)(3) "Maximum Floors: three floors" -- RM-lO "Maximum Floors: two floors" RM-6 l73.l83(A)(3) l73.l43(A) (3) This language is found under subsections short-titled "density regulations; exceptions for duplexes". As such they were not piCked-up when the "height" regulations were modified. Also note that the RL, RM, and RH zone districts which are to have replaced the' MR-6, la, & 15 district regulations do not include the requirement. Based upon the above it appears that the failure to eliminate the reference to "maximum floors" is an oversight. ."..,- r: :~ :/ ~ { P&Z Staff Report Text Amendment Re Limitation on Residential Floors Page 2 RECOMMENDED ACTION: By motion, based upon a finding of apparent oversight forward a recommendation to the City Commission that the following code sections be deleted: 173.223(A)(3) 173.183(A)(3) 173.143(A)(3) RM-15 District RM-lO District Rm- 6 District REF/DJK#51/PZFLOORS.TXT .:, l ~ , C I T Y COM MIS S ION DOC U MEN TAT ION TO: ROBERT A. BARC~~ ASS~:::NT CITY MANAGER '~Pl FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP ~~~ . DAVID J. KOVAC~TOR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF NOVEMBER 14, 1989 ORDINANCE 74-89, LIMITATION ON RESIDENTIAL FLOORS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of Ordinance 74-89 on second and final reading*. * Because of a change in the caption, the City Attorney may rule that a new ordinance is necessary. If this is the case ordinance 74 -89 should be denied and a new ordinance processed. BACKGROUND: At first reading, the Mayor raised the question if the amendment would allow construction of a three story duplex in the RM-6 zone district. The answer is that it would in that the height limitation in the RM-6 District is thirty-five feet (35'). Thus in order to accommodate the Mayor's concerns it would be appropriate to delete that part of Ordinance 74-89 which pertains to the RM-6 zoning district. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning deletion of the "limitation Ordinance 7 -89. The Board by the Mayor. Board recommended approval of the on floors" regulation as put forth in has not reviewed the concerns raised RECOMMENDED ACTION: By motion, either adopt a substitute Ordinance 74-89 (which removes provisions dealing with the RM-6 District) or deny Ordinance 74-89 and conduct first reading of a new ordinance (the substitute ordinance) at this time. Attachments (by others): Substitute ordinance 74-89 REF/DJK#53/CCFLOOR2.TXT ORDINANCE NO. 75-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE", "SPECIAL USE REQUIREMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 173.073, "TOWNHOUSES AND TOWNHOUSE DEVELOPMENTS", BY REPEALING SUBSECTION (B) I "YARD REQUIREMENTS", IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION (B), "YARD REQUIRE- MENTS", TO PROVIDE THAT THE YARD REQUIREMENTS FOR TOWNHOUSES SHALL BE THE SAME AS THOSE FOR ANY MULTIPLE FAMILY STRUCTURE WITHIN THE ZONING DISTRICT IN WHICH THE TOWNHOUSE DEVELOPMENT IS LOCATED; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE 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" , "Special Use Requirements" , Section 1 7 3 . 0 7 3 , "Townhouses and Townhouse Developments", of the Code of Ordinanc- es of the City of Delray Beach, Florida, be, and the same is hereby amended by repealing Subsection (B), "Yard Requirements", in its entirety, and enacting a new Subsection (B), "Yard Re- quirements", to read as follows: (B) Yard requirements. The yard requirements for townhouses shall be the same as those for any multiple family structure within the zoning district in which the townhouse development is located. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence" or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on final reading on this the day of second and , 1989. MAY 0 R ATTEST: City Clerk First Reading Second Reading }~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~:RT A. BARC:1;.,ASS:ANT ,~4 FR~K R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP CITY MANAGER VIA: FROM: ~~~ ~U~ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 24, 1989 TEXT AMENDMENT - ZONING CODE, TOWNHOUSE REGULATIONS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first readinq on the enacting ordinance for a text amendment to the zoning code. BACKGROUND: This item involves the correction of apparent conflicts between the setback requirements in base zone districts and the special regulations for townhomes. Please see the P&Z Board staff report for further explanation. Under current code provisions, a building under condominium ownerShip and an identical structure under fee ownership must have different setbacks in some circumstances. The basis for different setbacks should be based upon physical aspects of the structure and not upon the method of ownership; thus, this corrective code amendment has been brought forward. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of October 16, 1989, the Board considered this item. After brief discussion, the Board, on a 6-0 vote, recommended approval of the proposed text amendment. RECOMMENDED ACTION: By motion, approval of this enacting ordinance on first reading and set a public hearing date of November 14th. Attachments: * * Ordinance by the City Clerk P&Z Staff Report REF/DJK#53/CCTOWN.TXT PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT TO: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH L, JQ.~,(J ~d'.~ DAvID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FRor1: SUBECT: AGENDA ITEM VI.E * REGULAR MEETING OF OCTOBER 16, 1989 TEXT AMENDMENT RE SETBACK FOR TOWNHOMES ITEM BEFORE THE BOARD: The action requested of the Board is that of making a recommendation on a proposed text amendment to the zoning code. This is a staff initiated item. The amendment involves the subject of setback requirements for townhomes. BACKGROUND: 173.073 provides "special use requirements" for "townhouses and townhome developments". Included within these requirements is the fOllOWing: "(B) Yard requirements. (1) Front Yard. No principal building or structure shall be located closer than 25 feet to any street line, inClUding side streets. (2) Side and Rear Yards. No prinCipal bUilding or structure shall be located closer than 25 feet to the side or rear line of the development site." These requirements are in addition to those found under the underlying or base zone district e.g. RM. Within the mUltiple family zoning districts the fOllOWing setbacks apply: District Front Side St. Side Int Rear RL 25 25 15/20* 25 RM-6 25 25 15 25 RM 25 25 15 25 RM-10 25/30# 25/30# 15/25# 25 RH 25/30# 25/30# 15/25# 25 RM-15 25/30# 25/30# 15/25# 25 VI C :~ ";::' ;, f P&Z Staff Report Text Amendment Re Page 2 Setback for Townhomes * one story and two story structures two story and three+ story structures # The PROs provide for setbacks of mUltiple family structures as shown in the RH above. They then refer to the special regulations for townhomes for those setbacks. Thus, the townhome setbacks become less restrictive for structures greater than two stories with respect to front and side setbacks but more restrictive for side-interior setbacks on structures of two stories or less. Finally, "townhouse" is a form of ownership of a multiple family structure; thus, the imposition of different setbacks does not seem appropriate. ANALYSIS: When looking at all relevant and some apply to multiple only to townhomes. to totally redo or only with the issue the requirements in 173.073, some do not seem duplicative. In other cases they should family development of any sort as opposed However, the intent of this amendment was not eliminate that section; thus, we should deal at-hand i.e. the setback issue. It does not appear that there is rational or consistent reason for the imposition of setbacks on townhomes as being different from those established for other multiple family housing in a specific zoning district. Thus, it is recommended that they be eliminated. RECOMMENDED ACTION: By motion, based upon al finding that there is no apparent basis for a differentiation between setbacks for townhomes as opposed to other forms of mUltiple family housing ~n - W'to forward a recommendation to the ?ity Commission that the following code amendment be enacted: ! Delete subsections (I) and (2) under l73,973(B) and replace with the following: "The yard requirements for townhouses shall be the same as those for any mUltiple family structure within the zoning district in which the townhouse development is located." Attachment: pages 58 and 59 of the zoning code REF/OJK#51/PZTOWN.TXT ::~ ~ { ORDINANCE NO. 73-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT; SAID LAND BEING A PARCEL LYING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF N.E. 8TH STREET AND PALM TRAIL; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. 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 SAD (Special Activities) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: All of a tract of land, LESS the South 250 feet thereof, situate, lying and being in Section 9, Township 46 South, Range 43 East, County of Palm Beach, State of Florida and more particularly described as follows to-wit: From the quarter section corner of the South boundary of Section 9, Township 46 South, Range 43 East, run North 0 degrees, 13 minutes, 20 seconds East, a distance of 1,746.55 feet along the quarter section line to a point on the North boundary of Lot 6, MODEL LAND COMPANY'S Plat of said Section 9, as recorded in Plat Book 8, at Page 40, Palm Beach County Public Records; thence easterly at an angle measured from North to East 89 degrees, 23 minutes, a distance of 591.06 feet to a point; thence in a southerly direction at an angle measured from East to South of 96 degrees, 24 minutes, 24 seconds for a distance of 33.21 feet to the point of beginning of this description; thence from the point of beginning run in a Southerly direction at an angle of 175 degrees, o 6 minutes, 03 seconds, measured from North to East to South a distance of 465.73 feet along the East line of Palm Trail to a point in the South boundary line of said Lot 6; thence in an Easterly direction at an angle of 88 degrees, 30 minutes, 13 seconds measured from North to East, along the Southern boundary of said Lot 6 a distance of 201.52 feet to a point of intersec- tion with the West right-of-way line of the Intracoastal Waterway; thence in a Northerly direction at an angle of 98 degrees, 07 minutes, 01 seconds, measured from West to North along the said right-of-way line a distance of 470.42 feet; thence in a Westerly direction at an angle of 81 degrees, 52 minutes, 19 seconds, measured from South to West a distance of 255.58 feet to the point of beginning. The subject property is located at the southeast corner of N.E. 8th Street and Palm Trail. I~' The above described parcel contains a 1.114 acre parcel of land, more or less. Section 2. That the uses allowed for the subject property described in Section 1, above, pursuant to Section 173.631 of the Code of Ordinances of the City of Delray Beach, Florida, shall be as follows: Full service marina In and out dry storage Small engine repair Sale of gas and diesel fuel Sale of oil, ice and beverages (non-alcoholic) In-water dockage rental Installation of electronics Marine store providing sale of electronics, outboard motors and other related marine paraphernalia Boat sales Fabrication and assembly of boat paraphernalia, subject to the following restrictions: (1) That canvas tops cannot be and fabricated at this installed at another site; assembled site and (2) That off-site work can be done on boats which are regularly docked at the marina or which have rented space at the marina, but are temporarily located elsewhere; and (3) That the primary business of this enterprise is conducted at the marina and for boats which use dockage at this marina. Section 3. That the development of the subject proper- ty described in Section 1, above, is to be in accordance with the site and development plans and attendant conditions as approved by the City Commission on (specific site and development plan reference, conditions of approval, and the date of approval to be forthcoming; however, in no event shall the date of approval for the conditional uses and site and development plan, as well as the second reading of this ordinance, occur beyond March 13, 1990) . Section 4. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provi- sions of Section 1 hereof. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That this ordinance shall become effective immediately upon passage on second and final reading. - 2 - Ord. :-io. 73-89 PASSED AND ADOPTED final reading on this the in regular session on day of second and ,19_ MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 73-89 C I T Y COM MIS S ION DOC U MEN TAT ION TO: VIA: FROM: ROBERT A. BA~~~, A:S~STANT ~/j . FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP CITY MANAGER /"'--........." ~~\j ~LlC~ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 14, 1989 FIRST READING OF REZONING ORDINANCE RE 8TH STREET MARINA, G.C. TO S.A.D. ACTION REQUESTED OF THE COMMISSION: BACKGROUND: The action requested of the City Commission is that of approval of an ordinance which will establish Special Activities District (SAD) zoning on property commonly known as the Eighth Street (Henry's) Marina on first reading. At the last meeting of the City Commission consideration of Ordinance 73-89 which proposed a change from G.C. to S.C. zoning was continued so that the applicant could consider a change in his petition to the S.A.D. designation. Subsequently, a revised petition has been received. It proposes the following uses: * * * * * * * * Full Service Marina In & Out Dry Storage Small Engine Repair Sale of Gas & Diesel Fuel Sale of Oil, Ice, and Beverages (non-alcoholic) In-water Dockage Rental Installation of Electronics Marine Store providing sale of electronics, outboard motots, and other related marine paraphernalia Boat Sales Fabrication and Assembly of Boat Paraphernalia (Canvas) * * Under the previous approach (SC zoning), conditional use requests for Boat Sales and Fabrication and Assembly of Boat Paraphernalia have been processed through the Planning and Zoning Board. If the SAD approach is taken, then action on those requests will not be necessary. However, there were additional restrictions on the latter item and they should be included in the SAD Ordinance. A site plan which provides for some buffering and a redesign of the frontage along George Bush Boulevard will formally be before the Planning and Zoning Board in December and then to the City Commission in January. Because of the logistics associated with an S.A.D. enactment will, thus not occur until January 9th (barring special meetings in December). In order for the applicant to have a sense of the Commission's disposition on this matter, we have arranged for a full presentation of the site and development proposal at this (November 11th meeting of the Commission) . In addition to the above issues, the City Commission will be asked to provide special considerations for this project. These special items resulted from the staff's response to the Commission's directive for seeking innovative solutions to overcoming obstacles to redevelopment orientated projects. They include: City Commission Documentation First Reading of Rezoning Ordinance Re 8th Street Marina, GC to SAD Page 2 * use of the concept of "reservation" in-lieu of "dedication" with respect to right-of-way needs along Palm Trail and 8th Street * a recommendation to the Board of Adjustment to grant a variance relative to required landscaping along 8th Street * the granting of administrative relief to allow off-site parking for the marina use in the church parking lot to the west. Please refer to the Planning and Zoning Staff Report the City Manager's Office and Planning Department) details on the upgrading proposal. (copies in for more PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board recommended approval of the previous rezoning request, the conditional use requests, and a conceptual site plan. The Board did not review the Commission's suggestion that SAD be used as the zoning (implementing) vehicle. RECOMMENDED ACTION: By motion, either adopt the SAD Ordinance (and thus indicate to the applicant that favorable consideration should be expected on second reading) or deny the SAD Ordinance and/or the original ordinance for SC zoning on the basis that the intensification of marina oriented uses is inappropriate. Attachment (by others): Revised Ordinance 73-89 Architects letter of September 21, 1989 Site plan modification (separate exhibit) REF/DJK#53/CCMARINA.TXT ~ ~ ':; :,;. ,. =: ~. "~~. :~'"" ~Mi'l'~IM' 6-'" '-.. . "',. ". ~ - ~, '-:;. .. :r'~...a.L ' ;-r-;;- I. "~ H: ~~ ",n t.i!), r;;;;-- ~.. l't.D,/.',L..L. "L. . . I L ~ ~~ 1$" Ave III. ..... "." ,. (.">'-:(/~ -...., "'.'11I"" '"' :"I&r "'H .6-;:V - ': '.11 ...: ' . I . I, . · .." .. '\ " - . L..,.., c . vc . .. L. LA'" f1' t~"I...ii""'~" : " tj/ltwL.~~ "rtJi ' N i l~rrrF -1A-t ~ I' .'::JI " ". "." "" I ~ '.. '':!I'' . .:1, fI 6'.:: ....:..~.: . -:- .€i"lI.L." " .. .. 1 .....'. 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'''''I;.~ $.: .l':~ .. ~~ c t'i' '\" ~..... . .1. -. a -,"""'" .... i t , r . ... \ - . Wo",.. , .. IlIe. ., , cR .\ - '..In ~ . ....l.....4.. ~ ~I . .. . . . " . .. l ~_ " I . " .. , , ,. . " ...--...&, I ~:. . tfIs , ~e 'J~T . Ir- .;. Oi..... Of ST. AUIUUIIl[ :---; ~ --- 137 . !~, B "J :.: ., ',:; :..:. s: ,'< (.: .:.- Rhett Roy Landscape Architecture/Planning, P.A. HECE/VED SEP 2 7 198'9 P <ANN! Septembe~ 21, 1989 M~. David Kovacs and Staff City of Del~ay Beach 100 NW 1st Avenue Del~ay Beach, Flo~ida 33444 Re: Ocean City Boats (fo~ma11y Hen~y's Ma~ina) at NW 8th St~eet and Palm T~ai1 _ Job #89028 Dea~ M~. Kovacs and Staff: As pe~ the ~equest of City Staff at Ou~ meeting on Wednesday, Septembe~ 13, I' am submitting fo~ you~ ~eview a plan indicating P~Oposed pa~king and landscape fo~ the above ~efe~enced P~oject. The fOllowing items highlight the P~Oposed scheme: 1. Eleven pa~king spaces a~e p~oposed along the f~ont of the bUilding within the P~ope~ty line. 2. Pa~king spaces penet~ate the ultimate R.O.W. by 5'- au. 3. A 3'-0" landscape st~ip will ~emain between the f~ont of the building and the pa~king lot to p~ese~ve existing landscape. 4. Asphalt will be ~emoved so that the~e will be a continuous landscape buffe~ along the f~ont of the P~ope~ty. 5. Landscape a~e.as have been inc~eased 3,615 sq. ft. f~om app~oximately 4,940 sq. ft. to 8,561 sq. ft. 6. 1600 sq. ft. of landscape buffe~ has been added along Palm T~ail. 7. Asphalt pavement has been ~educed to 9,365 sq. ft. 8. Vehicu1a~ ci~culation has been ~edi~ected fo~ safe~ conditions. 9. The plan acknowledges the NW 8th St~eet Landscape P~ogram and will enhance the existing landscape. , 412 N, Andrews Avenue · Fort Lauderdale, Florida 33301 . Telephone (305) 462,070h FAX (305) 462,0722 ~::' / ;.: .;: :.:. :;' :.: ,. Our intention for this plan is: 1) to enhance the property by reducing pavement and increasing landscape; and, 2) to provide parking spaces for the proposed retail marine center at the front of the property and borrow parking from the church on Palm Trail for employees and "Dry Dock" patrons. An agreement has been secured from the Church for this provision. We intend to submit for rezoning (GC to SC) to the City of Delray Beach on the next forthcoming submission date therefore your attention in retrospect is appreciated. Yours truly, ;UtVl tw1) tt~ ' Michael P. Schneider MPS/fd1 Enclosure '. ,;... ::. , , , , , , , , , ~~ "... T~: I I i ,I I 1 ,. 01 8 I i .. / i :: ~ o I . I I .~ ~ --- --~ -" I '" /.../.....~',I < , -', ... /1 <' " ,) :> , / '\, <<'" '-no . I I I I I ~ i.. i~i E e ~" Ii -~ "'t,,/ ". , . I l! ,~ ~z ....~-lW'.t.ftIrn.-.. '-~ --~ ~ -1' -/-:r."! .1 . . ''".1 I ...' ...... .,.,.,...'......... .._.~~ J :r;~ .... . ~~ ." :~. ....""- ",' It(,~.~., . .,'.~...,r.)l4'.. ,", . ,:.':.'~.~,:-,:' o o i I -'=-. I i I . I I = I E E . I = . o o o 0 Ii I , , , ~- ~ \\ PA..... nAIL o o o o o o o o 0 .' >, .. i , I" I I I "_I I - !, Ii II 'I II Ii Ii I I Ii Ii II II II Ii II II Ii 'I I, " jl ::"",)INh;~':E NO. 77-89 ~.N ')RDINJ'.NCE e)F THE CITY COMMISSION OF THE nTY OF DELRAY BEN::}], FI.ORIDA; AMENDING ORDINANCE NO. 56-89, :'T~'C.,;; ."::, "i,AN!') 'j;3'\GE", CHAPTER 173, "ZONING '.'ODE", ''';n:('T~.r. USE REQUIREMENTS", SECTION 173.0625, "BED ANL 'lREAKFAST INNS", BY AMENDING SUBSECTION ( E); TO PPCJ1/IDE THAT BED .~.ND BREAKFAST INNS MAY BE ESTABLISHED ~.::: cOn:nTIONAL USES IN DESIGNATED HISTORIC 'i)TJILDINGS, STRUCTURES, SITES, OR CONDITIONAL USES WITHIN SPECIFIED ZONING DISTRICTS, IN ADDITION TO THE OLD SCHOOL SQUARE HISTORIC DISTRICT, PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL ilEPEALER 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 Ordinance 56-89, Title XVII, "Land Usage", Chapter J.73, "Zoning Code", "Special Use Requirement.s", Section 173.0625, "Bed and Breakfast Inns", be and the same is hereby amended by amending subsection 173.0625(E), to read as fOllOWS:/ Section 173.0625. Bed and Breakfast Inns (E) Restricted to Specific Historic Districts, ~ Desiqnated Historic Buildings and Sites A Bed and Breakfast Inn may be established only within an eXisting structure which is located within the Old School Square Historic District, or in a desi nc>.ted historic site buildin or structure ,'Iithin specified zoninq districts. Section 2 That all ordinances or parts of ordinances in conflict herewith be and the same al'e hereby repealed. Section 3 That this ordinance shall become effective ten (IO) days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of . 1989. 11AYOR ATTEs'r: I City Clerk i " II ,. II 'I 'I II I :1 II , , I I First Reading Second Reading (~ , CITY DF DELRAY BEACH CITY ATTORNEY'S OFFICE 31 (} S.l'. I sl STRfT"/. stirn -+ DLUL\ Y BI..\CH, I'LORIDA 3J4RJ 407/24371)9() lTU-TOPJER 41;'7/278-4755 NEMORANDUM Datf': November 7, 1989 To: City Commission Malcolm Bird, Interim City Manager From: Susan 1\. Ruby, Assi.stant. City Attorney Subject: Amendment to Bed and Breakfast Ordinance 'The attached Amendment expands the areas in which Bed and Breakfast Inns may be established as a conditional use, to all designated Historic sites and bUildings in the RM-6, RMIO, RM, RH, RO, GC and eBD zoning districts, not just in the Old School Square Historic District. If the Commission wishes to expand the areas in which Bed and Breakfast Inns may be established, beyond the zoning districts named above and contained within Ordinance 56-89, then direction should be given in t.hat regard, so that the matter ~. be processed through the Planning and Zoning Board. '.' <- .::J : ci cc David Kovacs, Director of Planning and Zoning 'I I J ORDINANCE NO. 79-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RM-lO MULTIPLE FAMILY DWELLING DISTRICT", SECTION 173.183, "DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES", BY REPEALING SUBSECTION (A) (3) IN ITS ENTIRETY, TO ELIMINATE REFERENCE TO MAXIMUM FLOORS; AND BY AMENDING "RM-15 MULTIPLE FAMILY DWELLING DISTRICT", SECTION 173.223, "DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES", BY REPEALING SUBSECTION (A) (3) IN ITS ENTIRETY, TO ELIMINATE REFERENCE TO MAXIMUM FLOORS; 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", "RM-lO Multiple Family Dwelling District", Section 173.183, "Density Regulations; Exceptions For Duplexes", Subsec- tion (A), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. l73.183 DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES. (A) In the RM-lO District, the minimum lot or parcel of land shall be as follows: (1) First two units 8,000 sq.ft. 4,445 sq.ft. t'/lt~~ f.J.()()t~ (2) Each.additional unit A31/IMatL~/tL()()t~ Section 2. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "RM-15 Multiple Family Dwelling District", Section 173.223, "Density Regulations; Exceptions For Duplexes", Subsec- tion (A), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 173.223 DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES. (A) The minimum lot or parcel of land in the RM-15 District shall be as follows: (1) First two units 8,000 sq.ft. 2,735 sq.ft. 't.I1t~~1 t~lJLf "~ntUl f.J.()()t Sf y, LtYJ. a/'/JU-LtlM/()t t()tJ.tlf.J.()()t~ ()t~Ull (2) Each additional unit A311/MatL~/tl()()t~ Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Ilr ILL 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. MAYOR ATTEST: City Clerk First Reading Second Reading . 4 - 2 - Ord. No. 79-89 ~ ! ORDINANCE NO. 80-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 53, "INDUSTRIAL AND COMMERCIAL WASTE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 53.999(A) TO INCREASE THE FINE FOR A VIOLATION; BY ENACTING A NEW SUBSECTION 53.999(C) TO PROVIDE THAT A VIOLATOR MUST RE-SAMPLE THEIR DISCHARGE FOLLOWING A VIOLATION; BY ENACTING A NEW SECTION 53.092 REQUIRING USERS TO GIVE NOTICE OF A CHANGE IN THE NATURE OF THEIR DISCHARGE; BY ENACTING A NEW SUBSECTION 53.l2l(D) (3) TO REQUIRE SAMPLING OF DISCHARGES FOLLOWING THE ISSUANCE AND REISSUANCE OF PER- MITS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 53, "Industrial and Commercial Waste", Subsection 53.999, "Penalty", Subsection (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) Any user who is found to have violated an Order of the City or who willfully or negligently fails to comply with any provision of this chapter for which another penalty is not provided, and the orders, rules, and regulations issued hereunder, shall be fined per day not less than ,rgg $1,000 'ltt/Jt/rAt/Jte/tY1.'It/Uee for each offense. Each day on wh1ch a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover all reasonable attor- neys I fees, court costs, court reporters I fees, and other expenses of litigation by appropriate motions or suit at law against the user or person found to have violated this chapter or the orders, rules, regulations, and permits issued hereunder. . Section 2. That Title V, "Public Works", Chapter 53, "Industrial and Commercial Waste", Section 53.999, "Penalty", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby, amended by enacting a new subsection (C) to read as follows: (C) Within thirty (30) days of any and all violations, the user shall cause a sample of the discharge to be taken and laboratory analysis performed on said sample at their expense with the results to be provided to the Utilities Director. The Utilities Director may require further sampling at such times as he deems appropriate. Section 3. That Title V, "Public Works", Chapter 53, "Industrial and Commercial Waste", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby, amended by enacting a new Section 53.092, "Substantial Change in Discharge", to read as follows: Section 53.092 SUBSTANTIAL CHANGE IN DISCHARGE In case of a substantial change in the volume or character of their discharge, it is the responsibility of the user to immediately telephone and notify the Utilities Director of such change. The notification shall include the location of the discharge, type of waste, concentration and anticipated period of time in which the change in volume or character of the discharge is to continue. Section 4. That Title V, "Public Works", Chapter 53, "Industrial and Commercial Waste", Section 53.121, "Application for Permits", Subsection (D), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby, amended by enacting a new Sub-Subsection (3) to read as follows: (3) Within thirty (30) days of the issuance or reissu- ance of a permit, the user shall cause sampling of their discharge and laboratory analysis of said discharge to be forwarded to the Utilities Director. Upon re.ceipt of the results of said laboratory analysis, the Utilities Director may direct the user to further sample the discharge at such times as the Utilities Director deems appropriate. I I II II , , , I I I II I ! Section 5. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity or the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on final reading on this the day of second and , 1989. II :1 II i I I I I I I MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 80-89 [ITY DF DElAAY BEA[H CITY ATTORNEY'S OFFICE 310 S.E.Ist STREET. SUITE 4 DELRAY BEACH, rLORIDA 33483 407/243,7090 TELECOPIER 407/2784755 MEMORANDTlM Date: August 9, 1989 To: City Commission From: Herbert W. A. Thiele, Citv Attorn,,:, Subject: Revisions to General Prl?t:'p.ntment Rpp'ulntions A ttached hereto f~r your re\'iew and future s~hecluling hefore the eit" Commission at forni'a] session, please finct a revised ordinance con"erninf the general pretreatment regulations of the City of Delray Beach. Specifically, this ordinance is the result of the recommendations by the consultants to the South Central Regional Wastewater Treatment and Disposal Board, Camp, Dresser Dnd McKee, Inc. concerning the pretreatment regulations as ordered by the Environmental Protection Agency in October of 1988. -------- The review of Camp, Dresser and McKee indicates that aJthough the vast majority of our regulations are appropriate, the South Central Regional Wastewater Treatment and Disposal Board must make certain changes to the pretreatment program which is codified in the ordinances of both the City of Boynton Beach and the City of Delray Beach. A letter to the Acting Executive Director of the SCRWTD Board of May, 1989 is attached hereto. for your reference. The City Attorney's Office has thus prepared the appropriate ordinance amendment, in light of the difficulty in comparing these recommendations with the recodification to our ordinances which not only changed the numbering system but also changed the formatting of all the ordinances. As to each of these changes, although Camp, Dresser and McKee had suggested that the fine for violation be increased to at least $1,000 per day, it is a policy consideratior. as to whether l'r not that should be R cap of $1,000 or that it should be $1,00'0 at a minimum. We have also created a new section concerning the volume or character of the users discharge, but there is some conCPl'n as to what thedefipitinn of substRntial change in volume or character should be. ~ I . Memo to the City Commis~ion August 9, 1989 Pagfl 2 Also, with the re-sampling provisions, we havfl incorpo!'~.ted thflm into a new subsection, and included them in the permitting- section; however, it wa~ unclear from our review of the materials from Camp, Dresser and McKee as te> how the sample should be taken; what should hE' tested for; that should the samples simply be provided to the City's Utility Departmflnt, end additional information concerning this testing procedure. Nonetheless we have drafted what we believe to be the intent of these requirements from the EP A and Camp, Dresser and McKee and same are contained in the ordinance which is attached hereto. We would appreciatfl the City Administration scheduling this matter at the next available City Commis- sion meeting for adoption so that same is in place in accordance with the requirements that it be adoptfld by November of 1989. If you have office of the G~ HT:jw any questions, please contact the City Attorney's SCRWTD Board attorne~', Robert Fedflrspiel. I Office or the Attachment cc: Malcolm T. Bird, Interim City Manag'er Robert W. Federspiel, Esq., .Attorney for th", SCRI"TD Board WiIIiam~.eenwood, Director of Public Utilities " II :1 II Ii , I jl Ii 'I II I' Ii I I, II Ii , I I ,I I' II " " I' I ~ II II I I I il I[ II <:-,-~';':;I"'-L\NC~ NC. ~1-89 AN ORDTNAW:~ OF '1'HE CITY COMMISSION OF THE CITY OF DELRAY i,'::.'.CH, FLORIDA, AMENDING TITLE III, "ADMINIS- rRXr: ,)N" , CHAPTER r, "':":ELRAY BEACH CODE ENFORCE- MENT", ,..,'" ~"E CODE elF ORD1NANCES OF THE CITY OF DELRAY BEACH, ?LORID1., BY AMENDING SECTION 37.02, F..NFORCEMBNT OF ::'ERTAIN CODES AUTHORIZED TO PROVIDE THAT THE CODE ENFORCEMENT BOARD SHALL HAVE CONCUR- RENT JULE 3DICTTON OVER CASES INVOLVED IN VIOLATIONS OF ANY AND ALL NON-CRIMINAL CITY CODES BY AMENDING SECTION 37.03, "DEFINITIONS", TO PROVIDE FOR THE DEFINITION OF REPEAT VIOLATION, BY REPEALING THE DEFINITION OF "NOTIFICATION OR WRITTEN NOTIFICATION" AND ENACTING A DEFINITION OF "NOTICE NOTIFICATION OR WRITTEN NOTIFICATION", BY AMENDING SUBSECTION 37.39(1)(3) TO CLARIFY THAT EV1DENCE MAY BE SUBPOE- NAED TO BOARD HEARINGS BY ENACTING A NEW SECTION 37.41(B) TO PROVIDE FOR RECORDATION OF CODE ENFORCE- MENT BOARD ORDERS IN THE PUBLIC RECORDS OF PALM BEACH COUNTY; BY REPEALING SECTION 37.42, "FINES FOR NON-COMPLIANCE WITH BOARD ORDERS", BY ENACTING A NEW SECTION 37.42, "FINES FOR NON'-COMPLIANCE ,WITH BOARD ORDERS", TO PROVIDE FINES FOR VIOLATORS /AND REPEAT VIOLATORS, ESTABLISHMENT OF LIENS, AND 'FORECLOSURE OF LIENS; BY .b.MENDING SECTION 37.43, "DURATION OF LIENS", PROVIDING THAT CODE ENFORCEMENT BOARD LIENS SHALL BE VIABLE FOR 20 YEARS AND PROVIDING FOR THE RECOVF.RY OF COST AND ATTORNEY'S FEES UPON FORECLO- SURE, BY ENACTING A NEW SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES" TO PROVIDE FOR SUPPLE- MENTAL CODE ENFORCEMF~T TliROUGH THE CREATION OF CIVIL INFRACTION CITATIONS WITH JURISDICTION FOR ENFORCEMENT IN THE COUNTY COURTS, ESTABLISHING PROCEDURES AND PENALTIES THEREFOR; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORF., BE IT 0RDAINED BY THE CITY C~ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter- 37, "Delray Beach Code Enforcement", of the Code Ordinances of the City of Delray Beach, Florida, be and same is hereby amended by amending Section 37.02 of the Code of Ordinances of the City of Delray Beach, Florida to read as follows: The Code Enforcement Board shall, as described in 37.01 above, have concurrent jurisdiction to hear and decide cases involv- ing alleged violations which are not criminal in nature where a pcndinq or repeat-ed violation ee!\~!:!l1::l.e!l -~e -elti-!I~, of the fe%~owiftg 8icy codes, as they now exist or they may be amended by ordinance from time to t.ime, has been committed. t^t--eha~~~~-~~-6a~aa~e-a!\a-~~a!lh~ tB}--See~io!\~-5~~6S-ehf6ti~h-5~~~e_Wa~er~ I~ . I -.-/ T .1 .1 i :! t e, - -ehllI't et' -9!3 -.~'ea!\"'el'\ea-Pl'e!'Jel'~Y7-if\illkY!ll!ds.,. t 13t.- - E'l'la!,~e'f - 91; - Fi 'fe- P~eve1\~iel'\" - Fi l!ewel!ks.,. tEt--endP~~1'-~1-Hedr~h-all~-Safe~y.,. tF,-'2l'l~~~~1'-\99-N~isftft~es.,. tG~--8ha~~~'f-~9i-S~pee~s-al'\d-Sidewaiks.,. t H t- - E'ftdpi, el' -:r:l: e -eee1il'd b:ellElr'- h:l:ee1\ses -6e1\e~ar ry.,. t1t--Ehap~~1'-:l:t?-Aidl'ffl-Sys~ems.,. tift--~i~te-KV-tE'l'la~~el's-:l:S9-~Rl'e\i~h-:l:6St-B\i:l:id:l:1'\~_Re~ia~iel'\s", t~t--ehElp~el'-r?i-S\ibd:l:v:l:B:l:6l'\-eede.,. fht--eftar~el'-:l:~3-3eft:l:l'\~-eede.,. tMt--eRap~el'-:l::l:?-hal'\diel'a-Pel'm:l:~s.,. ;1 ,j II II II II I 1 I I tNt--ehdp~el'-rT4-H:l:Be61':l:e-Pl'esel'V!l~:l:el'\'" , Section ::. That Title III, "Administrjition", Chapter 37, "Delray Beach Code Enforcement", Section 37.03, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby dmended by enacting a new definiti.on, "Repeat Violation", to read as follows: "Repeat Violation" A violation of the provision of any code or ordinance by a person whom the Code Enforcement Board has previously found to have violated the same provision within five (5) years prior to the violation. Section 3. That Title III, "Administration", Chapter 37, "Delray Beach Code Enforcement", Section 37.03, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, by repealing the definition of "Notification or Written Notification. Section 4. That Title III, "Administration", Chapter 37, "Delray Beach Code Enforcement", Section 37.03, of the Code of Ordi- nances of the City of Delray Beach, Florida be and the same is hereby amended by enacting the definition of, "Notice ", "Notification" or "Written Notification" to read as follows: Notice "Notification" or Written Notification :1 I, I '. Notice shall be provi.ded the alleg.ed violator by certified mail, return receipt requested; by hand delivery, by the Sheriff or other Law Enforcement Officer, Code Inspector or other person designated by the local governing body; by leaving IK>lice in the violators usual place of residence with any person resj ding therein who is above the age of fifteen (15\ yeal"; O)f age and informing such person of the contents of a noti~',~ ,',r a:: the option of the Code. Enforcement Board by publicdh:m PUl'suant so Florida Statutes 162.12 (2) . , il ., ORD. NO. 81-39 ::"c::"~r :".:')~). 7hii\:~ Titlf~-:' :lr, "Administration", "Delray Beach Code BT1-:()r~eme,).t".' ~f -:.hc Code of Ordinances lJf Delray Beach, FLLida, be and the same is hereby amended Section 3'7.36 ( B) ,): "I n+:ention 'If Enforcement Procedul:es" follows: Chapter 37, of the City by amending to read as ,17.36 Int.8nt:ion of Enforcement Procedures. (B) Exc,'pt as provided in ,'H,;;oi::!!i:ea paraqraph (C) and (E), if 3 '.Ji olat,ion of the Godes described in Section 37.02 is found, the Code Enforcement Officer shall notify the viol ator and give him a reasonable time to correct the violation. Should the violation cont,inue beyond t.he time specified for correction, the Code Enforcement Officer shall notify the Code Enforcement Board and request a hear \ 1'.g. The Board.. through its clerical staff, shall Sdl,,,dule a hearing, and written notice of such hearing f~hall be h"nd -de livered or mailed as provide.d by this chapter' to the vi::llator. If the violation is corrected and then recuts, the case shall be presented to the Board eV811 if the violation has been corrected prior to the Boal:d '>eari.nC), and the not. ice shall so state. Section c. That Title III, "l,dministration", Chapter 37, "Delray Beach Code Enforcement", Section 37.36, "IIll tiation of Enforce- ment pr'ocedm:es" of 'he ('ode of Ordinances of the City of Delray Beach, be and the same is tle.reby amended [)1' enacting a new subsection 37.36 (E) to read as follows: (E) If .'i repeat viol21tion is found, the Code Enforcement OfLieer shal.l notify [he violator but is not required to give the violator , reasonable time to correct the violation. The Code Enforcement Officer, upon notifying the violator of a repeat violation, shall notify the Code ~:nforcement Board and request a hearing. The Code En-f(Hc:'c>ment Board, through its clerical staff shall schedule a hearing and shall provide written notification to 1,,~ <Ii)} ator. ','he C3.se may be presented to the Code Enforcement Board even if a repeat violation has been cor l'ccted priol' La ,'he Board's hearing and the notice shall so indicate. Sect,ion 7. Th.'!'., Title III, "Administration", Chapter 37, "Delray Beach Code Enforcement.", Section 37.39, "Conflict of Interest"; Hearing Procedures, of the Code of Ordinances of the City of Delray Beach, Florida, be aiid the same is hereby amended by amending s11bsection 37.39(1)(3) to read as follows: (3) Subpoena evidence to its hearings. Section 0 Tlvlt Title TIT; "Administ,ration", Chapter 37, "Delray Beach Code C:nforcement", Section 37.41, "Decisions and Enforce- ment Orders", of the Code of Ordinanczs of the City of Delray Beach, Florida be and the same is hereby amended by enacting a new subsection 37.41(F) to read as follows: F. ::cr.Uf ied ,;opy of a Code Enforcement Board shall be rectJrded in the P'lblic Records of the County and shall con3titute I10tice to any subsequent purchasers, succes- sors and interests or assigns if the violation concerned '1 :mD. NO. 81--89 "",,'. ",--)p8rty 3;;d the findings therein shall be binding \lp(~n the "',:"lator and if the violation concerns real prOp"l'ty, any s'.lbseg!ler.t pU:l:chaser s, successors, and :i'lt-,!,c"sts or ->.ssigl'.s. If an order is recorded in the Pllbl:i.c 'Records ..:>f Palm Beach County pursuant to this :,'.!)<,,:tion d.1d t~'l," urder' is complied with by the date "p,=c;' f i.ed ,_;. ':;(~ Dr-:h~r. ".\',8 :~'.yie Enforcement Board shall ; ':,'no 'Hl order 'icknowledging compliance that shall be 1ec'Jlded in Lhe ?ubl,ic Records. A hearing for the Code Enf'Jrsement. Board is not: required to issue a Board order acknm.ledgi,ng compli ance. Section ';1. That 1'i t:le III, "Administration" , Chapt,er 37, "Delray Beach Code Enforcement" of the Code of Ordinances of the City of Delray Beach be and the same is hereby amended by repealing Section 37.42, "Fines for Non-Compliance with Orders". Section lO. That Title III, "Administration", Chapter 37, "Delray Beach Code Enforcement" of the Code of Ordinances of the City of Delray Beach be and the 3ame is hereby amended by enacting a new Section 37,42, "Fines for N:)n-Compliance with Orders" to read as follows: I A) The Code """for:::ement Board, upon not.ification by Code Enforce- ment Board Of f L'el- chat: an order of the Board has not been complied w.i th by the ,:C.,.: rime or, upon finding that 3. ,repeat violation has been commi.ltel ,'lay nri'01' the 'Jiolator to pay,' a fine i.n an amount specified ill Lhis section for 2d2h day the violation continues past the date set by the i.rlfcrcement Board for compliance or in the case of a repeat '.:L":rlation, E~'.)'c E:ach date :i repeat. violat.ion continues past. the date ..)f {lot.i.ee to the vi~'lat0r of the repeat 'Jiolation. After the finding of d violation or repeat violation has been made as provi(~':d i "!'chis p.UT:, a heari,ng shall not be necessary for the issuance for Cde ordeI' imposing ~he fine. A fine imposed pursuant to this secti~n shall nol exceed $250 per day for the first viola- tion and shall not exceed $500 per day for a repeat violation. (B) A certif 1",1 copy of an order imposing a fine may be recorded in the pUbl.,;; t'ecords and thereafter shall constitute a lien against tt:e pJ:,)per...y llpOn ,.hich the violation exists and upon any other real or personal property owned by the violator. Upon petj tion to the cireui t c;ourt, such order may be enforced in the same manner ',8 a. court j Ildgment by the sheriffs of this st.ate, inCluding levy against the personal property, but shall not be deemed t.o be ',)!;:t judgment exce.pt for enforcement purposes. (C) A fine imposed pursuant to untiJ the vi,:;lator :::omes into rendered in 3 3uit to foreclose section, whicr,r,ver occurs first. this part shall continue to accrue compliance or until judgment is on a lien filed lpursuant to this I D) After three months Er:lm the filing of any lien which remains unpaid, the Code Enforcement Board may authorize the City Attorney to for'?close :cpon ~_he line. No li,~n created pursuant to the provisions of, ;lis::hapter may be foreclosed on real property which is a "hom(~st.e"d" ',nder Article X, Se,::tia.n 4 of the Stat.e constitu- tion. Section I.; That 'l'itle II:, "Administration", Chapt.er 37, "Delray Beach CDde L:1forcement" ,A t.be Code of Ordinances of the City of ~ ORD. NO. 81-89 - De 1 !'ay B~'ach be ~:-,d t1"" 17.43, "Duration of Lien,11 ,>ame is hereby amended by amending to read as follows: Section No lien provided by this chapter or under the authority of F. S. See. 1.62. T\. et seq., shall continue for a longer period 'r:J.n. q:~., '.:"wnly : 20: y,l'HS aft-er t.he certified copy of an order ir:'1-"",in9 ~ fine :ldS been recorded, unless wi thin that '. '..P'1" ,,;, .'lion to foreclose on the lien is commenced in a court of r:crr.petent jurisdict.ion. In an action to foreclose on a lien, t.he prevailinq part.y is entitled to recover all costs, includinq reasonable attorney's fees that it incurs in fore- closure. The ~~ont i nuation of the lien effected by the conunencement of t:hi~ action shall not be good against creditors OJ: subsequent pl.<rchaser S f.:lr valuable consideration without notice unlC!ss3. :..ot ice lis pendens is recorded. Section 11. That J".itle III, "Administration", Chapter 37, "Delray Beach Code i:,nforcement", of the Code of Ordinances of the City Df Delray Beach be: ":1'1 ~~',e C;dmc' is hereby amended by enacting a new Section 'n. 4S, n:"..j.>fllemental Code Enforcement procedures" to read as follows: 37. ^S Su"plemental ::Gde Enforcement Procedures (A) The provisio1l3 ,>1' chis section aye addi t.ional and supple- mental mAans ~f enforcing the City'. ordinances and may be ,:;ed ::n' ~he 'enforcement of any non-criminal onHnance, or- tor the enforcement of all non-criminal ncdiGances. NOthing contained in this section shall prohibit the Ci1:y from enforcing its codes or ordinances by :_l1J,/ ot.her means. tB) A ,"~,de enforcement officer is authorized to issue a citation to a person when, based upon personal investiga- tion, the officer has l'easonable cause to believe that the f,erson has committed a civil infraction in violation of '1 duly enacted code or ordinance and that the county COljct will hear the charge. (C) Prior to issuing a citati.on, a code enforcement officer shall provine not ice to the person that the person has committed a violation of a code or ordinance and shall establish 3. reasonable time period within which the peL;on must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not correoted the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enf~r-;ement officer does not. have to provide. the person , with ~ reasonable time period to correct the violation pr ior to i 3suing a citation and may immediately issue a citation if the code enforcement officer has reason to bcljeve that the violation presents a serious threat to the l)'lblic [walth, safety, or welfare, or if the viola- ti(',', is irr'eparable or irreversible. (D) A cication issued by a c'Jde enforcement officer shall con :".aln: c, :JRD. NO. 81-89 . . .~".' ,:,. -..,' -fJ- 1 " _"l"', ---'f - I, i' ! ii " I: I' 1, The date and time of issuance. 2. The name and address of the person to whom the ~jtation is issued. 1 Tne date ?tnd time the ci.vil infraction was ::r,~n:ni. t-t.r:d. 4. The fa.:;t", c;oi1stltuting reasonable cause. S. The n\.lmb~r or section of the code or ordinance vLo1.A.ted. (,. The name and au lhc'r icy of the code enforcement ',~f~;::.~: , 7. The prOCed\lrE' for the person to follow in order to pay any civil penalty or to contest the citation. 8. The applicable civiI penalty if the person elects to contest the citation. 9. The applicable civil penalty if the person elects rIot t.O c:ontest t.he citation. 10. A conspicuous statement that if/the person fails to , pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, jUdgment may be entered against the person for an amount up to the maximum civil penalty. (E) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and ClIle copy of the citation with the county court. (F) A violation of an ordinance enforced in this manner shall constitute a ci'lil infraction. The person receiving the citation may '",ithin 10 days from the date of the citation elect to appeal the citation to county court or pay the penal ty imposed. Should the person fail to pay the penalty or appeal the citation within the 10 days or fails to appear in court to contest the citation, they shall be deemed to have waived their right to contest the citation and a judgment up to the maximum penalty may be entered against chern. II II " ,I 1 I I I (G) The 6chedule of penalties shall be as follows: 1. HOG for 'in initial violation if the payment is received within 10 days of the date of the citation. 2. $250 fOL' an initial violation which is not paid I<ithin 10 days of the date of the citation or is Llns'lc,:essfully contested in county court by the violator. 1. $250 for a repeat "iolation which is paid within 10 days of the date of the citation. r ~, ')RD. NO. 81-89 I II :1 i 'I Ii II II II I I I 'I 'I! 1. $500 for a repeat violation which is not paid within :hT~ ':1r 'cr:e date of the citation, or is 'lI\s'..ccp.ssf,llly .:contested in county court by the 'lj olat.or. (H) Any t'~rson w~o willfully refuses to sign and accept a I :: 1 '. -lrion issued by " -:;ode enforcement officer shall be gUj,J.lY ~,f ,1 mi3demeanor of the second degree, punishable :13 ;.'rovided 5.n Flor i.da Statutes Section 775.082 or See-tion 77S.083. Section 12. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 13. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section l4. ~hat this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session pn second and final reading on this the day of !. 1989. MAYOR ATTEST: City Clerk First Reading Second Reading 7 :)RD. NO. 81-89 , '" .s.... "";", ;) .~-;-,~, '11.. ". :,-,\.,.' ,~; [ITY DF DELIA' BEA[H .J;_, . .~.. CITV ATTORNEV'S OFFICE 310 S.E. 1st STREET, SClTE 4 DELRAY BE.\C'H. FlQRIDA 33483 407/243,7090. TFIF.f'(lPIf'R 407/278-<17';5 MBMORANDUM Date: November 10, 1989 ~A~ To: City Commission From: JAffrey Kurtz, Assistant City Attorney Subject: Code Enforcement Modiftcations Ordinance 81-89 amends our code enforcement procedures changes to Chapter 182 made by the Florida Legislature. summary of those revisions. to comport with the The following Is a 1. Section 37.02 of our Code of Ordlnlll1ces Is amended to gnnt the Code Enforcement Board jurisdiction over all of our non-criminal ordlnancps. 2. Sf'ction 37.03 of our Code of Ordinances is amended tn de1'lne 1\ repeat violation as one committed by a person who has violated the same provision within five years prior to the violation. Section 37.03 Is aleo further revised to expand on or constitute good notice. 3. Section 37. 38(E) is added to our Code of Ordinances and sets for the mann'll' in which our code enforcement officers are to handle repeat vlolationA. 4. Section 37.39 (I) (3) of our Code of Ordinances is amended to clarify that the Code Enforcement Board may only subpoena evidence to Its hearings. 5. Section 37.41 (B) is enacted to allow Code Enforcement BOllrd Orders to be recorded in public records once they are issued. This then gives notice to potential purchasers of the existence of an Order III1d Is being enacted to defend against the situation in which a Code Enforcement Board Order is entered and the title of the property Is transferred prior to the date required by the Board for compliance. What had been occurring on occasion Is that violators would transf!!r the property to "an innocent purchaser". In order to get compllance the entire the process would have t9. begin anew. With this change in law. subsequent purchasers will be aound by the Code Enforcement Board Order If it is recorded prior to the transfer. 6. Section 37.42 of our Code of Ordinances 1s amended to clearly differenti- ate between the handling of a firllt violation and a repeat violator. ~O'd to:~t 68'Ot AON SSlt 8l~ lOt 'ON l3l 3JIddO S,A3NdOll~ AlIJ ,8 Memo to City Commission November 10. 1989 Page 2 Fines for a first violation are set at a maximum of $250 whereas a repeat violator may be fined up to $500 per violation per day. 7. Section 37.43 of our Code of Ordinances is amended to give our Code Enforcement Board lien 20 years of ute rather than 5 years as they currently have and further allows us to recover costs and attorneys fees rolated to II. foreclosure of a Code Enforcement Board lien. 8. A new Section 37.45 is created to permit our Code Enforcement Officers to issue citations for code violations. Jurisdiction for appeals from those citations would be within the County Court and the system that is Bet up is very similar to that existing for parking tickets. Upon the issuance of a citation for a first violation the fines to be paid would be $100 if it is paid within 10 days. The violator does have an opportunity. as anyone would with a parking ticket. to contest the violation by making an appeal to the County Court. However. it they appeal and are unsuccessful or simply do not pay the fine within 10 days. the fine would be $250 rather than the $100. Similarly with a repeat violation the initial fine would be $250 unless it was appealed unsuccessfully or not paid within the 10 days given, in which case it would become a $500 fine. Such fines would constitute judgments and could be enforced in th(l manner of any other Judgment. If you have any questions concerning these chant:fes, please do not hesitate to contact our office. JK:jw cc: Malcolm T. Bird, Interim City Manager Lula Butler, Director of Community Improvement Rich Bauer, Code Enforcement Administrator Code Enforcement Board " ,,; PO'd PO:~1 68'01 AON 55lP 8l~ lOP 'ON l3l 3JI~~O S,A3N~Oll~ A1IJ ~:.";. -...,. ~ , j t I 1 , I j! i~ ORDINANCE NO. 82-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHEN- SIVE PLAN PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT" , FLORIDA STATUTES CHAPTER 163; PROVIDING A SAVING CLAUSE, PROVIDING AN EFFECTIVE DATE. WHEREAS, it is and will be expedient for good govern- ment and will promote the general welfare of the City of Delray Beach to establish and adopt a comprehensive plan for the orderly development of the City; and, WHEREAS, the City of Delray Beach is required to adopt a comprehensive plan to guide future development pursuant to the provisions of Florida Statutes Sections 163.3161-163.3243 known as the "Local Government Comprehensive Planning and Land Development Regulation Act; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare a Comprehensive Plan; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held public hearings on said Comprehensive Plan on May 8, 1989 and May 15, 1989, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and, WHEREAS, after the above-referenced public hearings, the Planning and Zoning Board, as Local Planning Agency, recom- mended to the, City Commission that the proposed Comprehensive Plan be adopted; and, " ,,/./ WHEREAS, the proposed Comprehensive Plan was submitted to and reviewed by the City Commission; and, WHEREAS, following due public notice, the first of two required public hearings on the Comprehensive Plan was held by the City Commission on May 23, 1989, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Reg~J..ation Act"; and, WHEREAS, the Comprehensive Plan was forwarded to the State Department of Community Affairs for review and comment on May 23, 1989; and, WHEREAS, a report of Objections, Recommendations, and Comment has been received from the State Department of Community Affairs and said report has been reviewed by the Planning and Zoning Board, as Local Planning Agency, and is the basis for modifications to the proposed Comprehensive Plan; and, WHEREAS, following due public notice, the second of two required public hearings on the Comprehensive Plan was held by the City Commission on November 28, 1989, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act", NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Ci ty Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of the Florida Statutes Sections 163. 3161-163. 324 3 known as the "Local Government Comprehensive Planning and Land Development Regulation Act." /1 Section 2. That in implementation of its declared intent set forth in Section 1 of this ordinance, there is hereby adopted and incorporated herein by reference the document enti- tled "Comprehensive Plan - Delray Beach, Florida." Section 3. sions of all prior Master Plan(s)" and Delray Beach. That there is hereby repealed the provi- comprehensive plans (a/k/a "Comprehensive "Master Plan (5) "), adopted by the City of 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 upon the City I S receipt of Notice of Compliance from the State Department of Community Affairs, pursuant to Florida Statutes Section 163.3184. PASSED AND ADOPTED in regular session on final reading on this the day of second and , 1989. MAY 0 R ATTEST: City Clerk First Reading Second Reading " - 2 - Ord. No. 82-89 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER ~C(~- 0-" FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP (0~e-\~ ~ 00,%- DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF NOVEMBER 14, 1989 FIRST READING OF REZONING ORDINANCE RE ADOPTION OF THE COMPREHENSIVE PLAN. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which formally adopts the Comprehensive Plan. BACKGROUND: In late May the City Commission held the first of two required public hearings on the Comprehensive Plan and forwarded it to the State Department of Community Affairs for review and comment. The State review was completed in September and its Objections, Recommendations, and Comment (ORC) Report has been received. The response to the ORC Report has been prepared by the Planning Department. It will be formally reviewed by the Planning and Zoning Board (Local Planning Agency) at a special meeting on Friday morning, November 10th. The response to the ORC Report sets forth the changes which are proposed to be made to the Plan (Adoption) document. The Plan in its amended form will be available just prior to a public hearing which is to be held on November 28th. After adoption of the Plan on November 28th, it will be again forwarded to the State where they will have 45 days in which to make a finding of compliance or not in compliance. If in compliance, a notice is advertised and a 21 day appeal period must run its course. This would give us a formal effective date in mid-February. If the State finds the Plan not in compliance (after the 45 day review period) proceedings shall be initiated for an Administrative Hearing pursuant to s. 120.57. Although the response to the ORC Report is equal in volume to the initially proposed Plan (the revised Plan will contain many more policies and pages of explanatory material), there is little of substance or policy matters. If anything, compliance with the DCA review diminishes our ability to use the Comprehensive Plan as an effective management and implementation tool. Along this line, it is intended that once the Decade of Excellence Bond Issue is decided, the Plan is deemed "in compliance", and it can be reviewed in light of decisions as reflected in FY 89/90 Budget, a composite of the Citizen Task Teams will be constituted for the purpose of considering a significant amendment in early 1990 for the purpose of making the Plan a more effective management tool. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will ORC Report at a Special Meeting Friday, November 10, 1989. consider the response to the scheduled for 10:30 a.m. on 11 City Commission L0cumentation First Reading of Rezoning Ordinance Re Adoption of the Comprehensive Plan Page 2 RECOMMENDED ACTION: By motion, approval and set a public reading. of this enacting ordinance on first reading hearing date of November 28th for second Attachments: Enacting Ordinance -89 Response to the ORC~eport (provided separately) REF!DJK#53!CCPLAN.TXT November 9, 1989 MEMORANDUM TO: MALCOLM BIRD, INTERIM CITY MANAGER LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~ JOINT EDUCATION TASK FORCE/CHANGE IN SCHOOL B~A~MEETING DATE TO NOVEMBER 21, 1989, 7:00 PM FROM: RE: BACKROUND: The Commission, at the regular scheduled meeting of October 24, 1989 heard a presentation of the Consensus Statement as developed by the City of Delray Beach and the School Board of Palm Beach County Joint Task Force. The Plan was presented by the Chairperson of the Task Force, Mayor Clarence Anthony. The Commission is requested to take formal action to accept or reject the Consensus Statement. We have been informed that the School Board meeting has changed from November 15th to Tuesday, November 21, 1989, 7:00 PM at the Winona Webb Jordan Board Room, Belvedere Road, West Palm Beach. A copy of the Superintendent's cover memorandum submitted with his agenda package to the School Board members is attached for your reference. The Education Board of the City of Delray Beach and the Task Force members representing our City are pleased that the Superintendent supports the document and is requesting funding allocations for the two new schools. RECOMMENDATION: , Staff recommends that the City Commission adopt the Consensus Statement as developed by the Joint Task Force. b:TaskBd.l/LG3 I f ~ t ~o ";: NOV 08 ';89 11: 16 , -. OEPARTMENT OF FACI~"" OESICN .. CONTRACT SERVICES 3931 RCA ~OLlLEVAf\O ILliTe ,. 05 PALM eEACH GAROENe, f~ '34'0 407-115.1010 F.A X TELECOM TO: NAME i: uLA 6u.t4y- ADDRESS ($05) STATE PHONE NUMBER ~f3 -,377$1 ~ FAX PHONE NUMBER CITY FROM: Willilim y. ;.hk./I- L ~f- :'.19" 715--/09$ NAME PHONE FA)( PHONE .NU,MBER ......................................................'" ......................................................... ......................................................... C 0 V. E R P L U S PAGES " " ; . ,. ~1 . , ,~' i I . I I ., j .. .. I I I 1 . I f I P.l 8..,,1 " , NOV 08 '89 11:16 .. ~lZ> i '.A-~ ? ~ ~?? '774 P.2 9-C '-' BOARD REPORT NOVEMBER ~ 1989 Z/ PROPOSAL TO RECEIVE THE DELRAY BEACH/SCHOOL BOARD JOINT TASK FORCE RECOMMENDATIONS At a joInt meetIng wIth the CIty of Delray Beach and the School Board of Palm Beach County In July 1989 It was recommended that a joint task force be established. The objectIve of the task force was to develop strategies to achieve racIal balance In Delray Beach area schools In accordance with School Board Polley 1.045. MembershIp of the Committee Included four representatives of the City of Delray Beach, four representatIves of the School Board and a ninth member to be jointly appointed. The followIng persons served as Task Force Members: Clarence E. Anthony, ChaIrman H. Ruth Pompey Thomas W. FlemIng Llllle Parker Lula Butler John W. Elllott WlIllam V. Huklll S. Bruce McDonald J. Kenneth Schrimsher The Task Force met on the following dates: September B, September 13, September 20, September 27, October 4; and, October 17. v The Task Force members formulated a consensus statement regarding their objective to achieve racial balance in Delray Beach area schools. The recommendations address the followIng areas of concern: RacIal Balance and School Boundaries Fac1l1ty/Physical Improvements Program Improvements Governmental Agencles' Responslblllties/Fundlng Timetables The Task Force Consensus Statement Is attached (Attachment Al, as Is the report entltled "Sharing For Excellence In Schools 1990 - The Delray Beach Plan" properly annotated with staff comments as presented to the School Board on June 21, 1989 (Attachment B). The consensus statement contaIns several recommendations whIch will have an Impact on the School Board's future capital project budgets, as follows: A. Site Purchase, Elementary School S. One recommendation (III.A.4) contemplates relocatIon of elementary school "5" from the Morlkaml Park area to an area farther east. This relocation wlll facllltate obtaining a satIsfactory racial balance In the school when boundarIes are establlshed. Cost of this as yet unidentifIed sIte Is estimated at $1,200,000. The present site wlllllkely be utlllzed for a future elemen- tary school when the need arises. Unfunded Capital Cost: $1,200,000 '"-, .. P.4 Page 2 Board Report 9-C November 11, 1989 B. Site Purchase, Carver Middle School Replacement. One recommendation (II.A) contemplates relocation of C/?-rver Middle School to an area wIthIn the neutral zone west of 1-95. This relocation w11l fac!l1tate the achievement of an improved racial balance at Carver through improved perception of the school. Cost of a satisfactory site Is estimated at $1,800,000 if the School Board's presently owned Davis Road sIte is not used. Unfunded Capital Cost: $1,800,000 C. Construction of Carver Replacement School. One recommendatIon (V.C) con- templates opening of a replacement school for Carver Middle School during the 1992/93 school year. Cost of thIs school Is estimated at $13,200,000 plus site, Unfunded CapItal Cost: $13,200,000 I recommend the School Board receive the Delray Beach/School Board Task Force Consen- sus Statements outlined in Attachment A; approve the Identification of funds for the purchase of sites for Elementary School S and the replacement school for Carver Middle School; approve the construction of the replacement school for Carver Middle School; authorIze necessary budget amendments; and authorize the ChaIrman and Superintendent to sIgn necessary documents, Respectfully submitted, --- Thomas J. Mills Superintendent Recommended by: J. Kenneth Schrimsher (contact person) WJlllam V. Hukill Attachments (wpol) o:\wp\doc\brdtp'\9CNI689.0db "-'" ~ [ITY DF DElAAY BEA[H CITY ATTORNEY'S OFFICE 31 () S.J I sl SlR!-:lI. SLJ j 1.+ lJLLRA J HI Aell. I LORID,\ 3)~H3 -+n7,.'243-~fI9Ii rLLI-'COPII.R 41'7/27.';-4755 MEMORANf\{)I\l Date: October 20, 1989 To: 'I,'alcolm T. Ph'c'., Intf'rilT' Cit', ~'pnar'pr Gptes CHS~]P, City Rngineer Dfrvl(' V ovnr.s, n~.r~cti)r of Plnf'.ning- Hnc Zoning From: Hprhprt 1,-11. ft, TJ~jelp, rit:r AttcrrHnr fuhiect: fllhstitute Rmie"',ent Rerrrdinr- Charf'bf'r!flin Propert)' Attl1ehec1 hereto for VOll!' informHtion, rpview nllC C'omment pJpl'.se finc1 COll:,'" of r prOp08e(1 replrcempnt 8f"repment which would E-tlhRtitute for the pr<:,"ioI18 Chunherlain A I1Teement of Nc.vemher 5, 198? This 8~7repmefl.t is ir Fccordfl.nce with our pre"'frious djsf:ussion.r. or the l1ecp.r..;~it;r for Fl contlnllBti0p of the previous "ChamherJain A.'frepl11pnt", the subs~quent trnrH'.fpr cf title to the property to ~~nrsp OpBJ'"Btionf:, Inc., Fl110 tl~P. input 0; thp. r.itv Fn0r.eE'rin1! Depflrtment. Jf this rgreempl"t meets with your apPJ:"0vRI, it should be saheduled fOJ:" the ne;'.t available Cit~, CommisRion meetin[" for tJleir aonsiderRtinn al"d potential nppr0val. While th"l agJ:"<:,pmpnt meets with our approval as tn leval suffiaiency and as to form, there lT1a~' he Rome partiaular item of a practicRl nature or with rp.I!'P.rd to thE' Incatinn of the huffer wall, ea.sement, and dJ:"ainA.gf' En'" thflt RhouJd bp ipclucled whichinformption 1vould hp k!1own to the City EndneE'ring J1ppm.t- T'1ent. If vou have Rny qupstions, please contflct the Citv Attorney's Office. ~ f-1T:iw A ttRchment cc: City C;ommission ~niahael E. BotOR, Fso. I '!' cRl i AGREEMENT AGREEMENT made and entered into this day of 1989, by and between The City of Delray Beach, Florida Municipality (hereinafter referred to as "the City") and Morse Operations Inc., a Florida corporation (hereinafter referred to as "Morse"). WIT N E SSE T H: WHEREAS, THE CITY and William A. Chamberlain entered into an AGREEMENT dated November 5, 1982 (the "Chamberlain Agreement"), a copy of which is recorded in the Official Records Book 3839, Page 1269 of Public Records of Palm Beach County, Florida, and WHEREAS, the Chamberlain Agreement encumbers the Property described in the attached Exhibit A ("the Property"), and WHEREAS, Morse now owns and is in possession of the PROPERTY, and WHEREAS, the Property is located within the municipal boundaries of the City, and WHEREAS, the City and Morse have reviewed the effect of the Chamberlain Agreement, as well as the storm drainage line (the "Drainage Line") and the buffer wall constructed over the City's storm drainage line (the "Buffer Wall"), both as identified in the Chamberlain Agreement, and WHEREAS, the parties wish to responsibilities in connection with Buffer Wall. amend and restate their the Drainage Line and the I NOW, THEREFORE, the parties agree as follows: 1. Morse owns and is in possession of the Property. 2. The City owns and maintains the Drainage Line. 3. The Chamberlain Agreement is hereby terminated by Morse and The City, and replaced with the following Agreement: (a) Morse hereby releases the City from any and all liability for property damage or bOdily injury arising from or by virtue of the Buffer Wall's location over and across the Drainage Line, including damage or injury arising from the maintenance, repair, replacement and access to the Drainage Line or the inspection thereof, including but not be limited to damage to paving, sprinklers and sprinkler systems, wells and landscaping. (b) Morse hereby indemnifies and agrees to hold the City harmless against any claim for damage arising by virtue of the Buffer Wall's location over and across the Drainage Line, including, by way of illustration and not in limitation, damage caused by the maintenance, repair, replacement or access to the Drainage Line or the inspection thereof. The indemnity provided herein shall 'extend to and include the City's expenses, including attorney's fees, incurred in connection with the defending of claims which are the subject of this indemnification. 4. This Agreement shall be binding upon the City and Morse, their successors and assigns, and shall be binding upon all successor owners of the Property. -2- IN WITNESS WHEREOF, the parties have set their hands and seals of the State: Signed, sealed and delivered in the presence of: MORSE OPERATIONS, INC., a Florida corporation By: its Signed, sealed and delivered in the presence of: THE CITY OF DELRAY BEACH, a Florida municipality By: Doak Campbell, Mayor -- By: City Clerk, Delray Beach STATE OF FLORIDA COUNTY OF PALM BEACH Sworn to and subscribed before me as by the of Morse Operations, Inc. Notary Public ACKNOWLEDGEMENTS CONTINUED ON NEXT PAGE -3- I I . . ?, . . I :1 State of Florida County of Palm Beach Sworn to and subscribed before me and , Mayor and Beach, respectively, this ____ day of as to Doak Camobell City Clerk of Delray , 1989. Notary Public 99MEB/346:nc -4- ,j EXHIBIT A LEGAL DESCRIPTION Lots 15 through 28, inclusive, Lot 30, and that parcel designated as "parking area" all in Tract "B", GATEWAY SHOPPING CENTER, according to the Plat thereof, recorded in Plat Book 25, Page 76, of the public records of Palm Beach County, Florida. --"" -5- 70~ [ITY DF DELIA' HEAEM "'il<.~ .~ .0:;:' f:~i~:'-"" .'t,"'~ ~ " _' ., ,.t~.,. CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 DELRA Y BEACH. FLORIDA 33483 407/243,7090 T[LECOPIER 407/2784755 MEMORANDlJI: Date: October 20. 1~89 To: City Commission Malcolm T. Bird, Interim Citv MnnRV"~ y From: Herbert W. A. Thiele, Cite' Attornev Subject: Request for Postponement of Effective PM" of A g-re"l'1ent Between City of Delray Beach and Fa!.':l" Outdoor ,ArlvertisiT'l"iPark 'T'en Business Park The City Attorney's Office is in receipt of an inquire' from the Pref.ident and owner of Eagle Outdoor Advertising, Mr. EdWArd A. Rolter. c0ncerninp.- the effective date of the agreement approved b:' the City CommisFlion and entered into on August 23, 1989 concerning the relocption of an existing billboard sign. It is Mr. tlolter's request to extend the effective date of this agreement on the basis that they have run into unanticipated problems in securing the new site. Mr. Bolter desires to postpone the effective date of this ordinance until January I, 1990, and that thus no installment payments under the agreement would be due until such time (and yearly thereafter) until the full $45,000 has been paid. It is requested that this matter be placed on the next available City Commission meeting for your consideration and direction to the Cit:' Adminis- :;;;:; =d to tho ellv AIl"o.,,'. 0,.". \>.~. {J ~ 1>f'f ~u Attachment cc: David M. Huddleston, Director of Finance Milena WaIinl'ki, AFlsistal1t FinanC'e Director d~ EAGLE OY:fRQ'N9R .. October 20, 1989 Herbert W.A. Thiele City At torney City of De1ray Beach 310 S.E. 1st Street Suite 4 Delray Beach, Florida 33483 '..)bp$\8~ RE: D.O.T. HARMONY OF REGULATIONS Dear Herb, Per your request I am writing this letter in hopes of having the Commission agree to start the clock on our Contract as of January 1, 1990. As you are aware due to the Harmony of Regulations Section of the D.O.T. Outdoor Advertising Code I will not be permitted to apply for my permit with D.O.T. untill the expiration of the outstanding permit previously ---- issued which will expire on.December 31, 1989. If there are any futher questions regarding this matter, as always, please call. Sincerely, 612- Ed Bolter President .', cc: Joseph Carro sella 240 Southeast Second Avenue Delray Beach. Florida 33444 Telechone (401) 212.3430 Fax (401) 212.3495 / 1 AMENDMENT NO.1 TO AGREEMENT BETWEEN CITY OF DELRAY BEACH AND EAGLE OUTDOOR ADVERTISING/PARK TEN BUSINESS PARK DATED AUGUST 23, 1989 THIS AMENDMENT NO. 1 is entered into on this the day of 1989, b:' and between the CITY OF DELRA Y REACH, FLORIDA, hereinafter referred to as "City", and the followinp.- partie", both jointly and severallv, RAnTE OUTDOOR ADVERTISING lmd PAFK TEN BUSINEfiS PARK. hereindter referred to 11.8 the "f)wnerE'''. WPEREA S. the parties hereto have entered into an Avreement dated August 23. 1989 that provides for the suspension of till! effectiveness of certain ordinances of the City an d the relocation of ll. billboard located on real property described in said Agrel!ment. WF-EREAS. due to unforeseen circumstances, the Owners have requested that the effective date of this Agreement be postponed until .January 1, 1990 to r-llow sufficient time to effect the necessary acts and requirements set forth in the August 23, 1989 Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and promises set forth hprein, the parties hereto agree as follows: WIT N E SSE T H: 1. That the parties hereto do hereby agree to amend the Agree- ment of August 23, 1989 to make the effective date of said Agreement to be January 1, 1990. 2. That the payments required by Eagle Outdoor Advertising or its successors and llssigns shall be made in January of 1990 Pond each Page 1 of 4 . I successive anniversary ~!ear thereafter until the full sum of Fortv-fivf' Thouspnd Dollars ($45,000.00) has been paid. 3. That the time for compliance for removal of the hillhoard Bf't forth in paraj?'raph 6 of the Ag-reement of AUR'Ust 23. 1989 shall hI' Dp.C0mner 31, 1999. 4. That all other terms, conditions and requiremel"ts set fortr. in the AUf!Ust 23, 1989 Agreement are hereby ratified ane confirmed an(~ prp otherwise unadjusted by this Amendment No.1. IN WITNESS WHEREOF, the parties hereto have f'nterec int0 this Amendment No. 1 to Agreement on the date set forth ahove. CITY OF DELRAY BEACP. nORmA By: Doak S. Campbell, III, Mayor ATTEST: -- City Clerk Approved as to form: Perbert W. A. Thiele, Esq. City Attorney Pal!:e 2 of 4 EAGLE OUTDOOR ADVERTISING B;r: Edward A. Bolter State of County of I HEREBY CERTIFY that on this date before me, an officer duly authorized in the stHte and countv named above to take acknowledl'meJ'lts. personally appeared Edward A. Bolter. known to me to be the person described in and who executed the foregoinl! instrument as President of Eagle Outdoor Advertisinl2'. n corporation organized under the laws of the state of Florida. Fe acknowledg-ed before me that he executed the foreg-oinr.- instrument as such officer in the name and on behalf of the corporation, and that he also affixed thereto the officilll seal of the corporation. SWORN,_ TO AND SUBSCRIBED before me this day of 19 Notary Public My Commission Expires: (SEAL) Page 3 of 4 ~:~~.'~.. ~ i ........~_. ..... f 1 A " \~ ; 4 1 PARK TEN BUSINESS PARK D... I'I. ~tote of County of I f{EREBY CERTIFY that rlD this oatf' hefore me, an officer duly authorized in thp. state ann c0untv named above to tllkp. acknowledl1'ments. personaIl~' appellred . known to me to be the per~ons described in and Wh0 executed the forpg'oinr- instrument as and respp.r.tiveJy, of . a corporation org-ar>ized under the laws of the state of They acknowledged before me that they executed the foregoing instrument as such officers in the name and on behalf of the corpo- -.. ration. and that they eJso IIffixed thereto the official seal of the corporation. SWORN TO AND SUBSCRIBED hp.fore me this day of . 19 Notllry Public M:I' Commission Expires: (SEAT.) Pllf,'e 4 of 4 NJ'I"""'''''' ",,,'.~:~~~,~i~t~~,;~~II~' : -,""."."""1' "J'.'r,j".,-, -,':. "I;~I'~"";:"':~ ~.,j,' ".,'" , l/~'\:,";~?' . EIT' DF DELAAY DEREN ;' .:.---'-:< .~ .. -~fl' 1'" .. "." \:l- . ,.~ ." /~'> ,.R~ ,I'.,,'," ~.. . "i.~:~:,;:-i~\''' CITY ATTORNEY'S OFFICE 310 S.I'.. 1>1 STREET, SliITl2 4 DHRA Y DEACII. FLORJDA J3483 4011243,7090 , TbHCOPIER 401/118-47.11 MEMORANDUM Date: November la, 1989 ~^f( To: City Commission From: .YflffrAY Kurtz, Assistant City Attorney Subject, City of Delrav Beach v. Mason Equipment Co. This case involves the City street sweeper which burned up three years ago because of a defective condition. The case is currently on JUdge Poulton's trial docket and the City is seeking damages constituting the replacement co~t of the sweeper IInd loss of use damages tor a periOd of time in which the City did not own a street sweeper. The Commission had previously rejectAd II settlement offer of $15,000 in this case. A mediation session has been set for Tuesday, November 14, 1989 IInd it is anticipated that a further offer of settlement will be forthcoming from the defendants. Other efforts to mediate the oase were unsuccessful in part because no one from the manufacturer WIIS available to discuss the caBe at the mediations, therefore the judge has ordered the manufacturer's representative to be present. Because of the timing of the mediation, any details on any offer arising out of thA mediation wfll have to be presented to the Commission at its me",tfng. Should the Commission have questions conoerning this matte:-, please do not hesitate to oontact our office. JK:jw cc: Malcolm 'I'. Rird. Interim City Manager Robert A. Barcinski, Assistant City Manager Lee Graham, Risk Management Director nave Harvell, Dl:-Elctor of Streets " ~O'd ~O:~T 68'OT AON SSl~ 8l~ lO~ 'ON l3l 3JIddO S,A3NdOll~ A1IO :<3 :i ,~ , . C I T Y COM MIS S ION DOC U MEN TAT ION FROM: ROB.ERT A. BARCI~KI, ASSISTANT CITY MANAGER ~I/(~ FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP ( Ueu.>-AJ k0~ ~ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING TO: VIA: SUBJECT: MEETING OF NOVEMBER 14, 1989 CONSIDERATION OF A CONDITIONAL USE REQUEST AND SITE PLAN MODIFICATION, KAWASAKI OUTLET ON N.E. 5TH AVENUE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a conditional use request and attendant site plan which will allow motorcycle sales in an existing shopping center located at the northeast corner of NE 5th Avenue and NE 5th Street. BACKGROUND: This is a fairly straightforward item. In addition to establishing the desired use of motorcycle sales, the site will be somewhat improved. Please see the Planning and Zoning Board staff report (copies are available in the City Manager's Office) for a detailed analysis of the request. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed the item on October 16th and has forwarded it with a unanimous recommendation of approval subject to a single condition which requires provision of a revised site plan which accommodates several technical items. Additionally, the Board recommended to the Board of Adjustment that a variance be granted relative to the parking requirements for this shopping center. That variance hearing is scheduled for Thursday, November 9th. RECOMMENDED ACTION: By motion, approval of the conditional use request for motorcycle sales and the attendant site plan based upon the findings and subject to the condition that a revised site plan addressing the technical items noted in the Planning and Zoning Board staff report be processed as a non-impacting site plan modification. Note: The above recommendation assumes favorable consideration of the variance request. If the necessary variance is not granted, alternative courses of action will be provided dependent upon the Board's action. Attachments: Cover sheet from the P&Z Staff Reduced copy of the site plan A full scale site plan package Report is provided separately REF/DJK#53~~KAWA.TXT dlLf ~: ., P~NNING 8 ZONING BOARD I.lEETlN6 DATE: OCTOBER 16. 1989 /TELl: CONSIDERATION OF A CONDITIONAL --- STAfF REPORT A6EMJA ITELl : IV. F. USE & ATTENDANT SITE PLAN MODIFICATION (KAWASAKI) . . .. .. . ., .. . .. I .. .. u 1 .. u y . # . .. .. @) 'l GENERAL DATA: OWner...........................Elvera s. Rickert Contract Purchaser..............James Dovas and Jeffrey~aish Location...............~~.......Northeast corner of N.E. 5th Avenue and N.E. 5th Street. Property Size...................O.68 Acres EXisting Land Use Plan..........Commercial Proposed Land Use Plan..........General Commercial (Comprehensive Plan) City Zoning.....................sC (Specialized Commercial) Adjacent Zoning.................North, south and east of the subject property is zoned SC. West is zoned GC (General Commercial). Existing Land Use...............9,209 sq.ft. shopping center Proposed Land Use...............DelraY Kawasaki will occupy the south 3,849 sq. ft. of the shopping center. Water service...................EXisting on-site Sewer service...................Existing on-site ITELl: IV.F. ,'....~ ::::: ..... ~: ,;;", r ~I^~ ~ / Ii :z ~ ~ ~ 5 t ~ ui ~ "i2 ! Iii ~ Iii ,~ ~~~[ ,0. t ~ . " ~ r ! I 1; ~'j I~ i 1 'I . ,. ~ /' ~ :s b, ~ :r IJ W t ..J ..:1 -'8 , I I I: Ii. , I~ ,o~ ,O'op ~ ~;,. 31lo t3 :zt .." . ...~. 3.~ ~~\S ~~! j.- '" 1- _ .... , II .. . I .. .. . II \J ~ '1\111: 6~ rM~ "u'" ~\1 .."L, , ..: r a,..,w.~ .!: r .. \1 :z .~ :4' ~ .. .. ! .. .. ~ '.1,J. )'#:>,,: I -c" '. . !~' .U~ ~t ~~~~ ~~~ .... tl . .,. JII V' '! j;:-~ ' , ~ 10?~ t ~ 1d -al'/ -g '" '" . . i " 1; I::i llt ' UJ ~ ~~~ I ~W'\l; [-<l"'-t ~~.~~ 1l.E-:2~ ~~t~~ l-~RIi~ ~~:;- llr:.....J~ -l'~Il<.}r.- $~~~'! ~~~~:! i~~~.~~ }- .~ j7"~~r 7. ~~~~i ~ ~ N ".' .k :{ '" ~t ~; .... C I T Y COM MIS S ION DOCUMENTATION FROM: ROBERT A, BARCINSKI, ASSISTANT CITY MANAGER ~ tt'l' Ln' -- FRANK R. SPE~~~T~ DEVELOPMENT SERVICES GROUP ~~-J~0~ DAVID J. KOVACS, DIREC~OR DEPARTMENT OF PLANNING AND ZONING TO: VIA: SUBJECT: MEETING OF NOVEMBER 14, 1989 APPEAL OF REQUEST FOR REDUCTION OF RIGHT-OF-WAY OCEAN APPLE ESTATES - FONTAINE FOX HISTORIC SITE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of granting a waiver to right-of-way requirements along A-1-A. The request is brought forward of an appeal of the City Engineer's recommendation to not grant a reduction of right-of-way from the 80' requirement along A-1-A, The appeal is made pursuant to Section 102. 21 (F) of the ci ty Code. BACKGROUND: The owners of property to be known as Ocean Apple Estates are platting the property in order to create three lots. This property lies on either side of A-1-A. Currently, a sixty foot (60') right-of~way exists for A-1-A. A-1-A is designated as a State Minor Arterial roadway and is shown on the County Thoroughfare Plan as requiring an eighty foot (80') right-of-way. policies included in the proposed Comprehensive Plan which influence this item include: From the Traffic Element: requires dedication of land for ultimate planned right-of-way. directs the City Engineer, in FY 89/90, to seek a "constrained facility" designation for A-1-A and that it not be shown as an 80' right-of-way on the County Thoroughfare Plan. Table T-4 sets forth an ultimate right-of-way of 50' to 60' for A-1-A. A-2.2 A-5.3 Table T-5 shows this portion of A-I-A to operate at level of service B in the year 2000 without any additional improvement beyond its current configuration. Attached is a letter which a case for set forth. from the Attorney representing the owners in waiver of the dedication requirement is In that: a) the proposed Plan has not been adopted; b) a designation of "constrained facility" has not been applied to A-1-A; and, c) the present policy is to seek dedication of land pursuant to the County Thoroughfare Plan, the City Engineer has not recommended that the waiver be granted. J5 City Commission Documentation Approval of Request for Reduction of Right-Of-Way Ocean Apple Estates - Fontaine Fox Historic Site Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has not reviewed this specific request, nor is it required to do under 103.31(F), The Board will be considering the plat submission for Ocean Apple Estates at either its November or December meeting. HISTORIC PRESERVATION BOARD CONSIDERATION: The H.P.B. has recommended that a favorable consideration be made relative to the requested waiver of right-of-way dedication. RECOMMENDED ACTION: By motion, rejection of the appeal in that A-l-A has not yet been designated as a "constrained facility". Attachment: Applicant's letter of October 30, 1989 REF/DJK#54/CCROW.TXT :','" ..l -.., :7.: DEARBORN STATION 47 WEST POLK STREET CHICAGO, IlliNOIS 60605-2030 312.939.7117 lAW OFFICES Siemon, Larsen & Purdy MIZNER ADMINISTRATION BUILDING 2 EAST CAMINO REAL BOCA RATON, FLORIDA 33432.6106 TELEPHONE 407.368-3808 SUITE 5700 4000 MacARTHUR BOULEVARD NEWPORT BEACH. CALIFORNIA 92660-2516 714-752-1538 October 30, 1989 Mayor Campbell and Members of the City Commission City of Delray Beach City Hall 100 N.W. First Avenue Delray Beach, Florida 33444 Re: Proposed Plat of Ocean Apple Estates Dear Mayor Campbell and Members of the City Commission: On behalf of the owners of the real property that is the subject of the above described proposed plat of Subdivision, I respectfully request a waiver of the right-of-way reservation requirements of section 102.21 of the Delray Beach Code in conjunction with the approval of the proposed plat. The property is located at 610 North Ocean Boulevard and has been designated the Fontaine Fox Historic Site by the City Commission. Section 102.21(C) of the Delray Beach Code apparently requires a reservation of an eighty (80) foot right-of-way for all collector streets, however, section 102.21(E) provides that the City Commission may authorize a reduction upon the recommendation of the City Engineer: Upon the recommendation of the City Engineer, the Commission may authorize a reduction in the minimum right-of-way requirements as set forth in division (C) of this section, if it is determined that the requirements of division (C) would not be feasible or would constitute hardship in a partiCUlar instance and provided reduction would not endanger public safety and welfare. The owners of 610 North Ocean believe that the reservation of an 80 foot right-of-way through the subject property is infeasible and inappropriate for the following reasons: 1) the Comprehensive Plan of the City of Delray Beach provides that State Road A-1-A should not be widened beyond its eXisting two lane configuration, obviating the need for an 80 foot right-of-way; RECEIVED NOV 0 7 89 PLANNING&ZONING " ,) "~,' :;; .:~: 'ii: '" Y. ;t " ^ ::' Mayor Campbell and City Commissioners October 30, 1989 Page 2 2) the 80 foot right-of-way would make development of a dwelling unit on the east side of State Road A-1-A as a part of the historical site redevelopment plan infeasible; 3) the 80 foot right-of-way would constitute a hardship by unnecessarily requiring the reservation of a right-of-way that will never be Used because of local government oPposition to the four-Ianing of State Road A-l-A. (See the materials submitted to the Historic Preservation Board in conjunction with the designation of the Fontaine Fox Historic Site and the variances granted by the Historic Preservation Board.); and 4) the Historic Preservation Board recommended that the 80 foot right-of-way waived for the subject property in furtherance designation of the site. has formally requirement be of the historic We understand that Palm Beach County has designated the State Road A-I-A alignment as requiring an 80 foot right-of-way, however, we are unaware of any authority that the County has to require the City of Delray Beach to impose the 80 foot requirement, particularly in light of the provision of the comprehensive plan that objects to the 80 foot right of way and the four laning of State Road A-l-A. Indeed, it is our reading of the Growth Management Act, sections 163.3161 et seq. Fla. Stat. (1987), that no person, including the County can undertake development (public or private) which is inconsistent with the adopted local government comprehensive plan. For,the reasons stated above, the OWners of the real property that is the subject of the proposed plat of subdivision entitled "Ocean Apple Estates" respectfully request a waiver of the right-of-way reservation adjacent to their property. cc: Mr. J. Stanley Weedon, Jr. ..:.:-:: ::::: :.;.:- I.":'. K }: ~;:: :!:: MEMORANDUM TO: MALCOLM BIRD - INTERIM CITY MANAGER rftJ FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT SUBJECT: TENT FOR HAPPy HOLIDAY CHRISTMAS TREES -- DATE: NOVEMBER 9, 1989 We have received a new request from Craig Steinhart of Happy Holiday Christmas Trees to erect a tent at 3190 S. Federal Highway. The purpose of the tent is to sell Christmas trees during the holiday season from November 15, 1989 - December 30, 1989. Mr. Steinhart was made aware of the Commission concerns regarding his company and will be present at the November 14, 1989 Commission meeting. All necessary applications have been submitted and approved by the Building Inspection Division and Fire Department. Please schedule before the City Commission on November 14, 1989. LB:DQ Attachment L2 A:Tent.HH I I \ 1) ;~ i ~b 'I o e-t ~ l) ) / ~' 0~ nfr-' g~ J ~ (r~ cJL--- ~ ~~~~ '~ <C /~~ pY-M-eJ) 0-.. it:-.- ",Jt C0f:f~ ~~ ~ r~ -, ' ~~~"" -t----v- ..9-Jl~ C<.- ""--- S'. r ..J-.,~-<3- ~ cf"" <f'-<-.- ~~ i '. ~~< ~(J~(C-N~ ~ ~~ ~ .~ ~ 0j~ i'~-I; [jf'l ~1- w.z ~ ~ ~-cRr s~- ~-t~ '1]-A-' J ~ J~t o 4 ~ "i ' ~ 0- , l-,,- . ,9 i!-S 6"--~ Cc ~ i ~r \;~L~t.-~ ~,o(.'~ ~.~~ ~~~L 'I J- ~ i ~ CdL--l~ r~~, (c:~~ ~~ ~ ~~t ~~ 1=0- c~ c-;--r--r~ .. w.>- o~ C~""'-L ~~ v...-e- '^----""- ~ " ~ ~.L~~ i- ~ ~ ~ <>--'t- c~ JL~,~ o--t ~ D N, ~~~ c----Jl~ ~ ~~ ~~j c()'-~ ~, --tL..--6:s O~ i- ~ . '-1 ~ ::.- ~ '~~..J w~w'-&)~~ "- - '-~~ ~ \ .. ~~ M-, 0~) " ~~' "~L~\ ~~'Y I , 1 . il / ~ :> - \YJ .- - u ~ ( .- .-J ~ , -/0- s;: \'1 C' PLAt! \f-~ t . C~\')...:::> \~Cs- Q f\ ~'f- \ '1 6-~ ~~ \~v-ra ,) C? \1.-- \ ~ ~ ~\}- 1 t1ese plo.ns h(1',IO be;-::rl rcvi:J\.':ec: C..,. c:~mpliance vllh ilpplicablo Firo Codes and j' "icipal Fire Safely Ordinances sJ ~,h9c~ilY Qf Dcll,'y lleach, clille:_4L:-:...:.. .J r;\" .. ,t/J~;L2-~ (,~--- / I j FIRE EXTINGUISHERS REQUIRED lio r \1-0' Q,AN~PY 'E.llon> ./l I 4~' I 'S. Fe-&ero..\ GOT To SeA....") ;) ~( L -id_ ~SI(C-'" t\Wo' [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE 31 II S.l' 1\1 STRFU. SlTrl -+ DLLRA Y HI ACH, fLO/{!I)A JJ.HU 407i24.1.7():!O ITLLCOPIFR -+"17/27,,)~7)5 I'lEMORANDUM Dat,): NClvember 9, 1989 ~o: Malcolm Bird, Tnterim City Manager From: Susan A. Ruby, Assistant City Attorney Subject: F,E,C, Railroad Crossing Bill In response to your memorandum of October 31, 1989, our office reviewed the agreement with F, F::. C, regarding the Lindell Boulevard F'. E, c. crossing and contacted the ci ty of Boynton Beach, the Ci.ty of Boca Rat,on and Palm Beach County to find out how they dealt with the responsibi.li.ty of payment for work performed at F, F., C, Rai 1way crossings by t,he F, E. C, The 1957 agreement grants the City a license to cross the F,E.C, right-of-way as a crossing for a public road at Lindell Boulevard. In exchange for that license, the City agreed to pay the ,:os.ts of any necessary changes on account of the location, or elevation of said crossing and to bear the costs of paving that may be needed due to changes ma,de by the Railway to the right-of-way. While the agreement could be more specif ie, i t~ appears that it is the City I S burden to pay t.he costs associated with improving the F.E.C, Railway crossing at Lindell Boulevard, The City of Boca Raton, pursuant. to crossing agreements paid approximately $240,000 last, year in i.mprovements to crossings in their City. ,However, the responsibility for two crossings (one at Palmetto Park Road and another at Camino Real) in Boca Raton have been transferred from the City to the Count.y. Boynton Beach also pays for resurfacings and pavi.ng at F,E.C, Railway crossings. Boynton spent $80,000 for improvements to N.E. 22nd Avenue this year. Palm Beach County was memorandum was prepared on Palm Beach County as contacted, but as had not responded. information becomes of t,he time this We will update you available. The City Clerk's office is looking for other agreements Ci.ty's files so that a determination can be made as City'sresponsi.bilities for other crossings. .~~:~'~) , ~c Robert A, Barcinski, Assistant City Manager in the to the , ; . ,,~ .~ ~ , " A t I t ~ . i 1 i ~1~~ MEMORANDUM TO: Malcolm T, Bird, Interim City Manager FROM: ~obert A, Barcinski, Asst, city Manager/Community Services SUBJECT: BILL FROM F,E,C, RAILROAD CROSSING DATE: October 26, 1989 FEC repaired the railroad crossing on Lindell Boulevard last spring, In June, a bill was received for this work, I requested staff to research to see if there was any authorization for the work or requirement for the City to pay these bills, After much research, FEC produced a 1957 agreement that requires us to pay these type bills, The problem is that this is not a budgeted item, and we will be receiving additional bills this year for other crossings FEC is working on, I estimate that the total may reach over $100,000, By copy of this memo to Mr. Elliott, I am requesting a proposed funding source for this bill and future bills, This will need to appear on the next agenda for Commission approval, RAB/sfd cc: John W, Elii~tt, Asst, City Manager/Management Services Dave Harvell, Acting Assistant Director of Public Works ~ 1 , ~ FLORIDA EAST COAST RAILWAY COMPANY P. O. DRAWER 1048. ONE MAlAGA STREET, ST. AUGUSTINE, FLORIDA 3208~ October 16, 1989 File: 550(MP 319 + 1920') DELRAY BEACH: GRADE CROSSING RENEWAL LINDELL BOULEVARD, MILEPOST 319 + 1920' AGREEMENT, BILLING, ETC. Mr, D, M. Harvell, Acting Assistant Director Department of Public Works City of Delray Beach 100 N, W, First Avenue Delray Beach, FL 33444 ;ECE\\fE-~3\ \ ,I CCi 2 3 69,. STREETS DEPT, \ Dear Mr, Harvell: Please refer to your correspondence of July 27, 1989, addressed to our Mr, Sasser, on the matter of our Bill Reference Number 069600108, in the amount of $38,892,68. In your communication, you made note of the absence of an authorization or agreement in the matter of the work performed by the Railway. Quite frankly, this office had difficulty locating a copy of the agreement docu- ment, We have, however, located such and transmit a copy for your file, along with a copy of Resolution 1078, dated November 25, 1957, The license agreement provides for construction at our Milepost 319 + 1670 feet, The actual construction, which ended on January 27, 1958, was made at Milepost 319 + 1920 feet, I attach a letter to the City Manager at the time in which the actual location is noted and approved by the Railway, Your study of the agreement is directed to Paragraph Number 2, In thIs para- graph, we find that the City is responsible for .."..improving said crossing ..,.... The work accomplished during the period April 3 and 4 of this year was an improvement. Previously, the highway surface across our track structure was constructed in accordance with State of Florida Department of Transportation (FDOT) Index 560, Type G; a timber f1angeway, asphaltic cement concrete surface design. The construction installed was in accordance with FDOT Index 560, Type T- Modified; a portland cement concrete surface design. As a motorist on the public way, I am sure you will recognize that the Type T-Modified construction is an improvement over the Type G construction. ~ Mr, D, M, Harvell City of Delray Beach October 16, 1989 Page Two In view of the existence of the noted agreement, may I have your re- consideration of our billing, and a prompt remittance of the amount due, Very truly yours, W, S. STOKELY Chief Engineer WSS/jw Attachments cc: Mr. W. J. Sasser / , BILL REF NO Bill OA n: ~-1lRT ANT < Show Ihl, Rolo'onco No, .11 co""pondonco / This bill I, duo and poyoblo nOllol.r thon b'lbUU.IoU!! ./U'1/&'1 (0.1. ~-, ./ b/c4/!!'l DA TE DUE au make check payabit to fLORIDA EAST COAST RAIL~AY CO. M41L P4YMENTS ONLY TO POST OFFICE BOX SHOWN ON REMITT4NCE SLIP BELOW iCUSTOMER Name & Addre~s r LITY O~ DlLKAY ~lALH .IoUU N Ii 1ST AlIl DlLkAY ~(H fLA jj4~~ l L IN CASE OF ANY EXCEPTION TO THIS BILL, CO, A(COUNTS klLlIIIA~Ll DlPT. FEC RAILWAY CO, ST. AUGUSTINE, FL, 32084 PHONE: 1904) B29-3421 DT .22a.cc'l,23U J lP 1l.lo4-MP ~.I.'l PLUS .1.'120 fT LINDELL ~LIID.CKOS~ING INSTALLED ~I '/O'lUcU s T R I B N :l6,1I'1i:!.ba PLEASE REMIT-. 3a .6'12 .ba US fUNDS ONLY FEe F,." 2~57,) ~.._ 3.85 ..... Bill Remittance Sll~ TO RECEIVE PROPER CREDIT lease detach this portion of thB bill and mail with your check in the enclosed envelope to: BILL REF, NO Bill DATE RR 010'11000],08 1010 'II !!'l PATRON:(HY O~ DlLKAY ~lACH CODES CO J.~ 7 (0],' r tLORIDA EUT COAST t<AlLIIIAY P.O. ~OX .1.'146 JACKSONVILLE. tL 3ccO.l. L (0'1 DATE CUE b/24//l'l CHECK NO CHECK DATE -l US fUN DS ONL Y AMOUNT DUE ::!/l.6'lc.b/l AMOUNT PAID ON THIS BILL Customer Comment PLEASE MAKE NO MARK BELOW THIS LINE ~. .I. H30.l.47 b~~lbOU.loU6b 115 UOUCOOUOOO OOUOOOOOUO 00038/l'l2b/l - \<" ,.'... & I , > [Iry DF DELRAY BEA[H 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 MEMORANDUM TO: Mayor and City Commission FROM: / ' 'Malcolm Bird, Interim City Manager \1' SUBJECT: JANUARY MEETING DATES DATE: November 9, 1989 Because of the proximity of the first Tuesday being the 2nd of January to the holiday week of Christmas-New Year, we are recommending the following change to your meeting schedule: workshop will be on 9 January 1990; the two formal meetings will be on 16 and 30 January respectively, If this is the 2nd, originally the 23rd, unacceptable, an alternative might be to hold no workshop on but defer workshop to the 16th and leave meeting dates as designated during your organizational meeting on the 9th and MB:nr , THE EFFORT ALWAYS MATTERS 611 [ITY DF DELRAY BEA[H 100 N,W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243_ 7000 MEMORANDUM TO: Malcolm T, Bird, Interim City Manager FROM: ~obert A, Barcinski, November 9, 1989 Asst, City Manager/Community Services DATE: SUBJECT: Documentation - City Commission Meeting - November 14, 1989 Waiver Consultant's Competitive Negotiation Provisions Action City Commission is requested to declare an emergency and waive provisions of the Code concerning procedures to be followed under the Consultant's Competitive Negotiation Act for the purpose of entering a contract with CH2M Hill for a groundwater monitoring study at Miller Field, Background The City has been notified by the Florida Department of Environmental Regulation that in accordance with Administrative Code Rules 17-3 and 17-4, that a groundwater monitoring plan must be submitted for all land fills, including former land fills, Miller Field is built on a former land fill, The required report is to be submitted to DER by December 12th, In order to meet this deadline, it is necessary to waive the code provisions concerning the Consultant's Competitive Negotiations Act, A contract to perform the study with CH2M Hill appears in the Awards and Bids section of the agenda, RAB/sfd THE EFFORT ALWAYS MATTERS i 1 I I )i 3V MEMORANDUM (2Q C~~ \O;S6 ",yO ! TO: Robert A. Barcinski Asst, City Manager/Community Services William H. Greenwood AV4~(~(ZDI6? Director of Public Utilities .FROM: SUBJECT: DER GROUNDWATER MONITORING - MILLER FIELD ABANDONED LANDFILL DATE: October 20, 1989 In accordance with Susan Ruby's request Mr. Cal Johnson met with Mr. Joe Lurix pertaining to the Groundwater Monitoring landfill at Miller Field. dated August 30, 1989, of DER October 19, 1989 System for the abandoned Attached is Mr. Johnson's memo dated October 19, 1989 on his meeting with DER. Florida Department of Environmental Regulation has established a very tight time schedule for compliance by December 18, 1989. To accomplish this task will require immediate action by the City. We recommend a course of action as follows: 1. Authorize CH2M Hill, Consulting Engineers, under their existing agreement to proceed immediately on the study required by DER. Compensation would be on a per diem basis. 2. Obtain a cost estimate from CH2M Hill to perform the required study. 3. Identify the funding source from the City's General Fund. 4. Public Utilities Department would act as Project Manager ;10 coordinate the required study. #1)/ !fbo<>-<,~ William H. Greenwood WHG: smw ATTS: cc: Susan Ruby, Asst. City Attorney Larry Martin, Deputy Director of Public Utilities Cal Johnson, Plant Manager - Water Treatment Plant Joe Weldon, Director Parks & Recreation i !I ~ MEMORANDUM TO: William H. Greenwood Director of Public Utilities FROM: Ca1 Johnson Plant Manager - Water Treatment Plant SUBJECT: GROUNDWATER MONITORING - MILLER FIELD DATE: October 19, 1989 This morning I met with Joseph Lurix and Thomas Sirna at the West Palm Beach Office of Department of Environmental Regulation to define a course of action necessary to establish a Groundwater Monitoring system for a twenty-two (22) acre abandoned landfill which is now our Miller Park. The Department's request for monitoring centers on their concern regarding wells used for human consumption in the industrial complex immediately north of the Miller Field Park. This request originated from a U.S.G.S. hydrogeologic sance conducted between March and September of 1984. that report and its findings is attached. reconnais- A copy of DER has given investigation program. us sixty (60) days to complete a seven (7) step prior to defining the parameters of our monitoring These are: 1. Establish landfill boundaries in all directions via aerials, U.S.G.S. or city maps or city personnel. 2. Backhoe several locations (3) along access roadway and north of baseball field if no maps or information is available from Item #1. 3. Based upon above information from Items 1 & 2 establish background well location on Figure 2 (of attached U.S.G.S report) and submit to DER for concurrence and approval for installation. ~ t f t ~ 4. a) Shoot elevations of all monitoring wells to nearest 1/100 of a foot and water table elevations for flow direction from Figure 2. Mark casings with permanent markings for future reference points. b) Check Parks Department for quality, quantity and composition of fertilizers and chemicals applied. 5. Locate private wells within 1/2 mile radius of landfill, especially to the north. Locate public water lines also. Use aerial photograph or map and highlighters. 6. City will reconvene by 12/18/89 to discuss parameters for wells. 7. City will advise of progress or problems prior to 12/18/89. If there is more I can do to assist this project please call. "~ \... ;.j2 oA:::CG~ Cal .:(oh on -------- CJ: smw Attachment A Attachment B: cc: Robert A. Barcinski, Asst. City Manager/Community Services Susan Ruby, Asst. City Attorney Larry Martin, Deputy Director of Public Utiliteis Joe Weldon, Director of Parks and Recreation ~ ~ .- ~ ':' !-~ '..... .... 31/:1 Florida Department of Environmental Regulation Southeast District- 1900 S, Congr<$.' Ave" Suite A_\t'eSI P:llm B.,ch, flonc!:l ~,\..(16-407,964,9668 Aoh Martinez, Governor Dale 'JWOIchln\:.nn, :\ecrC'13rr John :\hearC'r, Ahi!llanl SeCrCI:HY ~nll tlrnyun. nr~Jty AUI5!3nl ~C'C'1.311 SEP 2 5 1989 Mayor Dock Campbell city of Delray Beach 100 N.W. lst Avenue Delray Beach, FL 33444 Re: Mayor Campbell City of Delray Beach Landfill Linton Blvd & Dixie Highway De1ray Beach Sub: Ground Water Monitoring Plan Palm Beach County SW - Delray Beach Landfill ~_..-._--.. '----- /' _:-.. ( /0/ I ).- tf[ : /!1!~/~~ 10 A/V[ ') / -. ...---/ Dear Mayor Campbell: On August l4, 1989, the Department sent you a letter regarding the above referenced landfill. Florida Administrative Code Rules 17-3 and 17-4 were amended on January I, 1983, to require increased protection of the state's ground water and any activities which have an impact on the ground water. Rule 17-28.700 requires that all landfills submit a monitoring program plan by May 1983 (a copy of this rule is attached). Since this compliance date has already passed, it is requested that the city submit this monitoring plan as soon as possible or, as provided in the rule, submit justification that an existing permitted or regulated monitoring program is in substantial compliance with the attached rule. As of this date we have not received a written response from the City. This matter is being referred to our enforcement section. Please contact Mr: Joe Lurix of this office at telephone number (407) 964-9668 i~ you have any questions or if you would like to set up a meeting to discuss your existing or proposed ground water monitoring plan. Please respond within ten (10) days of receipt .of this letter. Sincerely, 0 ,J ~/Jj.~/L'';r Joseph W. Lurix Solid Waste Permitting Concurrence: 0;Je~' ry(h.~~ William J. Landis, P.E. Supervisor of Waste Programs WL:jl:rh/33 cc: Tom Sirna, WPB Chris Sherlec, PBCHU Carol Meeds, WPB Attachments i . '" (~, .h~\ ~~\ &iff;j I; 6'i/:', .JI Of f\.O'~.' .. --~ --~ FILE Flo1'ida Department of Environmental Regulation S()uthc:asr [)istricceJ900 '" (Illl~rl''-~ .""c, Sllllr .\e'\t"sr ~..Im IkJrh, FloridOl .\.~;(X\.-ill~.%.PX-.('18 II"" .\1;111111("1 ("'\('/111" I).k 1\,.1, III 11 1.1411\ 'n It"I"I\ 1"lIn "'11t""ut'f, .......I..I.l11l """re-I.H) ......11 Hrfl\.,n 1k'llul\ '''',!Jlll 'C"fl'l~n AUG I 4 1989 Palm Beach County Delray Beach Landfill Mayor Dock Campbell City of Delray Beach 100 N,W. 1st Avenue Oelray BjaCh, FL 33444 Re: Mayor Campbell City of De1ray Beach Landfill Linton Blvd & Dixie Highway Delray Beach l Sub: Ground Water Monitoring Plan W~~G",~ _....,-~ -- Dear Mayor Campbell: Florida Administrative Code Rules 17-3 and 17-4 were amended on January 1, 1983, to require increased protection of the state's ground water and any activities which have an impact on the ground water. Rule 17-28.700 requires that all landfills submit a monitoring program plan by May 1983 (a copy of this rule is attached) , Since this' compliance date has already passed, it is requested that the city submit this monitoring plan as soon as possible or, as provided in the rule, submit justification that an existing permitted or regulated monitoring program is in substantial compliance with the attached rule. Please contact Mr. Joe Lurix of this office at telephone number (407) 964-9668, if you, h.ave any questions or if you would like to set up a meeting to discuss your existing or proposed ground water monitoring plan. Sincerely, (I ,) ( .P J'~~'" ./j, C7',A/1.1A.. Joseph W. Lurix Solid Waste Permitting 1;0~L~.~ren(1la" J') (.,A..,J~-/ ..~ , William J. Landis, P.E, Supervisor of Waste Programs WL:j1:rh/33 cc: Tom Sirna, WPB Chris S~erlec, PBCHU Attachments U I' I ~r.~ ," " ",., ,;.-, '~"~, ::? 0 [j Eon " ' [ITY DF DELAAY BEA[H t--" I CITY ATTORNEY'S OFFICE 310 S,I, ,.. STREET, SIITI' DElRAY BEACH. FLORIDA 3J483 401/243,109<\, HlrCOPII.:R 401/218-4755 MEMOJV.NDUM I'1cCdjO"f [.u~ef1f- Date: August 10, 1989 To: Bill Greenwood, Director of Public Utilities From: Susan A. Ruby, Assistant City Attorney Subject: Groundwater Monitoring - Miller Field I have contacted Joe Lur1x of the Florida Department of Environment Regulation for the Southeast District Regarding the letter sent to Mayor Doak Campbell regarding the need for a Ground Water Monitoring Plan for existing or previously existing land fills. I explained that the transfer station located near Miller field was operated by the Solid Waste Authority. Mr. Luriz indicated that the remainder of Miller field was at one time a landfill and thus, the City is required to submit a monitoring program. The monitoring program according to Mr. Lurix would require the use of the present irrigation well on site as well as the drilling of another well downgradiant to the Southeast for sampling purposes. It is my suggestion that a meeting be scheduled with Joe Lurix, the Public Utilities Department, and if you request our further assistance, with a representative from our office in order to determine the necessary parameters of the monitoring plan. s cc: Malcolm Bird, Interim City Manager Robert Barcinski, Assistant City Manager I I . f , , , . j , , I i I l l ;'RECEIVED "J'I 0 8 89 MEMORANDUM COMM, SVCS, GROUP TO: Robert A. Barcinski Asst. City Manager/Community Services William H. Greenwood -t/4iJt I/(tg/~'? Director of Public Utilities FROM: SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - NOVEMBER 14, 1989 - PROPOSED AGREEMENT WITH CH2M HILL _ GROUNDWATER MONITORING - MILLER FIELD ABANDONMENT LANDFILL - PUBLIC UTILITIES PROJECT NUMBER FY90-7 DATE: November 8, 1989 Item Before City Commission Request City Commission to authorize emergency procurement to obtain professional engineering services to perform groundwater monitoring for the Miller Field Abandoned Landfill. This work is being mandated by the Florida Department of Environmental Regulation. Funding source shall be from Account No. 441-5122-536- 33.11; and shall not exceed $12,900. Also, request City Commission to approve an engineering agreement with CH2M Hill to perform said professional engineering services. Backqround Refer to attached documentation from City Attorney's and Public Utilities Departments. Florida Department of Environmental Regulation is requiring all Abandoned Landfills to perform groundwater modeling. All work must be completed for submission to DER by December 12, 1989. Recommendation Staff recommends City Commission approve emergency procurement procedures and to approve the proposed Agreement with CH2M Hill in the amount not to exceed $12,900. Funding source is as previously stated. . 1 j 31 ~~ U~ ~u.~~ .~;O~~ I t=.,- I~I_'; ":::b-41111':i c,.: ..:.,t, 1::1::,'=,..... I-'U":: OHM HILL STANDARD AGREEMENT FOR HAZARDOUS WASTE SERVICES CH2M HILL OFFICE ADDRESS 550 Fairway Driye. Suite 205. Deerfield Beach, FL 33441 PROJECT NAME Ground Water Monitoring - Miller Fie1dpROJECT NUMBER CLIENT City of Delray Beach - Public Utilities Department ADDRESS 200 N. W, 1st Ayenue, De1ray Beach, FL 33444 CLIENT r'ltquee!$ end eu1ho~zel CH2M Hill to per10lm 1he follOwing IefVlcea: SCOPE: (see Attachment A) COMPENSATIONby1heCLIENTtoCH2MHllltobeon1hebollsof salary cost times a 2,35 multiplier plus expenses at cost, Costs for scope of work described above not to exceed $12,900, When compensa~on Is on a cost.relmbursoble bCIs1s, a service Charge of 10 percent win be added to Direct Expens All soles. use. value added. bUSIness traMer, gross receipts. or other similar texes will be added to Engineer's compe tlon when Invoicing CLIENT, OTHER TERMS See Attachment B, Contract Article for Private Client Hazardous or Toxic Waste Work which replaces Provisions 9 and 11. Services covered by this Agreement will be performed In accordance with the PROVISIONS stated on the bCIck 01 tr form and any attachments or schedues. ThIs Agreement tupel18dee all prior agreements and Understandings and c only be changed by written omendment executed by both parttee, Approved for CUENT By Tltle Date ACCEPTED FOR CH2M Hill By l1ffe Date Form I. j :i " " 1)'_1"-'_"":'- ;=;::1 It:,:...U Ju:t:p~~ I t.l III..!: J.::::t,-4008 C, r ~)=, Ubb.J I-'U':; PROVISIONS 1, AuthorizaHon to Proc:Md ExeeuHon of this Agreement by the Client will be aulhori- zeHon for CH2M HILL to proceed with the work, unl.. oth- erwise provided for In this Agr9$ment, 2, Salary COlts CH2M HILL's Solary Costs, When 1119 baslsot compensa- tion, ore the amount of wages or salaries paid CH2M HILL employees for work dlreeHy p$ITormed on Client's Project plus 0 percentoge opplled to 011 such wages or solarles to cover 011 payroll-related taxes. poyrnenf1l, premiums, and benents, 3, Per Diem Rate, CH2M HILL's p$( D/em Rates, when the basis of campen- sot1on, ore those hourly or dolly rates charged tor wor!< p$ITormed on Client', Project by CH2M HILL employ... of the Indicated CIWHCat1ons, 'lnese rates ore subject to annual Calendar year adjustments; Include 011 allow- ances for solary, overheads and tee; but do not Include allowances for Direct Expenses, 4, Olre,=t Expen... CH2M HILL's Direct ExpeNes, when part of the basis 01 compensonon, ore those coslslncurred on or directly lor the Client's Project. InclUding, but not limited to, neces- sary transportaHon costs. Including CH2M HILL's clSrent rates tor CH2M HILL vehicles: meals and lodging: labora- tory tests and analyses; computer 5ervlcElS: word proc... 1r<J services: telephone, prinHng. binding and reproduc- Hon charges: 011 cosf1l a5SOClated with outside consult. ants, subconsultanls, and 01l1er outside S8IVlces and faCilities: and 01l1er similar cosf1l, Reimbursement tor Direct Expenses Will be on 1I1e basis of actual charges when fUmlshed by commercial sources and on the basis of current rates When fUmlshed by CH2M HILL, 5, Cost Opinion, Any cost opinions or Project economic evaluat10ns provided by CH2M HILL w,l1I be on 0 basis 01 experience and Judgement, but. since It has no control over market conditions or bidding procedures, CH2M HILL cannot warrant that bids, ulnmate construcHon cost. or Project economics will not vary from these opinions, 6, Termination Tnls Agreement may be terminated lor convEonlence on 30 days' written notice. or tor couse, If elther pOrly tolls sut:>stanffolly to perrorm 1I1roUQh no fault of 1I1e 01l1$( and dOElS not commence correction of such nonperformance wi1l11n 5 days of written noffce and diligently complet. the correction thereal'ter, On termlnallon, CH2M HILL will be paid for all authorized work performed up to the termlnaHon dote plus termination expenses, such Qa, but not limited to, reaO$lgrYT1ent ot personnel, subconlTact termination costs, and related closeout costs, It no noffce of termlnaffon Is given. relallonshlps and obllgoffons created by this Agreement. except Articles Shough 12, will be termlnoted upon compleHon ot 011 applicable re. qulrements ot this Agreement, 7, Payment to CH2M HILL Montl-ly Invoices will be Issued by CH2M HILL tor 011 war\( performed Und$( 1I1Is Agreement, Invoices Ole due and payable on receipt, Interest at the rate of 1-1/2 percent per mon1l1, or !helt pEl/TT1ltted by low If lEl$5Gr. will be charged on 011 post-due amounts starting 30 days after dote of Invoice, Poyments will flrst be credited to Interest and then to principal. $, SeVerability and Survival II any 01 the provlslons contained In 1I11s Agreement ore held Illegal, Invalid or unenlorceable. 1I1e enforceability 01 the remaining provisions sholl not be Impaired th$(eby. Umllal10ns of llablllty and Indemnities shall survive termlno t10n of 1111, Agr9$ment lor any cause, 9, InterprelaHon The limite I lIablllty and Indem II apply r..:r;jI wheth$( CH2M' S under breach at controc:t or warran ' Ing negligence (but noT loaes co CH2M HILL's SOl ence); strict , s atutory liability; or any other co octlon, 10, No Third Party .enellclarie, ThIs Agr9$ment gives no rights or beneflls to anyone 01l1e, lhon the Client and CH2M HILL and has no 1I11rd party beneHclaries, CH2M HILL selVlces are deftned solely by th8 Agreement, and not by any 01l1er contract or agree, ment that may be associated with the Project, '>;.0 0, 2M HilL's services sholl be governed by th egll. ge e standard tor professional seNlees, m asured os 0 time those services were render b, CH2M L' . liability to the Client for an cause or comblna 01 causes Is, In the aggr gate, limited to on amoun greater than the f med under thi, agreement, c, d, right that II ts, voids, or makes un. enforceable obllgaffons ot lent set forth above, If any such r ht Is deemed or rUl not to be sut:>Ject to wolv$(, e parties agree that 0 amount equal to the obi Hon of Client set forth abo os If enforce. able be paid to CH2M HILL by Clle as Odd/Honol co ensoffon for CH2M HILL's servICes, e. Used hereln, CH2M HILL Includes any af11 led cor, oraHons. sUbcontractors, or any 01 Its or 1I1e officers directors, employefi, or agents, 'lnls Provision tokes precedence over any contllct nil Provision of 1I11s Agreement or any document Incor- porated Into It or referenced by It, t I ,{ '~ I "_ Engineers _ Pianners ~ Economists - Scientists October 26, 1989 SEF40.30 Mr. Robert A. Barcinski Assistant City Manager 100 N.W. 1st Avenue Delray Beach, Florida Dear Mr. Barcinski: Subject: Florida Department of Environmental Regulation Groundwater Monitoring Miller Field Abandoned Landfill I received on October 24, a copy of Mr. Bill Greenwood's memorandum to you describing FDER's requirements regarding the implementation of a Groundwater Monitoring System for the aban- doned landfill at Miller Road. As Mr. Greenwood has pointed out, the time schedule for completing this project is very tight. I have expedited submission of a proposal for your consideration so that we may begin this project as soon as possible and meet FDER's deadline. The scope of this project is based on FDER requirements as described in Mr. Cal Johnson's October 19, 1989 memorandum to Mr. Greenwood. The specific tasks for which the cost estimate is based are listed below. o Task 1 - Review available aerial photographs, United States Geologic Survey maps, and City maps to evaluate the landfill boundaries. This task may also include discussions with City personnel knowledgeable of the abandoned landfill operation. Prior to beginning this task, we anticipate a kickoff meeting with the City to discuss the project objectives and schedule. o Task 2 - If insufficient data is available to complete the objective described in Task 1, several locations along the access roadway and north of the baseball field will be backhoed to evaluate the limits of the abandoned landfill. We assume that the City will CH2M HILL Southeast Florida Office Hill,bolO Executive Center North, 800 Fairway Drive, Suite 350 305.4264008 Deerfield Beach, Florida 33441 407.7376665 J 1 1 , . . Ii : Mr. Robert A. Barcinski Page 2 October 26, 1989 SEF40.30 provide a backhoe and operator and that no outside contractor will be required. o Task 3 - A background well will be proposed based on the information generated during Task 1 and/or Task 2. A meeting will be held with FDER to discuss the loca- tion of the background well and receive regulatory con- currence. One monitor well will be installed at the agreed upon location. CH2M HILL will prepare the necessary specifications for the monitor well, procure the services of a qualified drilling contractor, and provide onsite observation during the installation of the monitor well. Once the monitor well has been installed, CH2M HILL will prepare a construction diagram for the monitor well to document the details of installation. We have assumed that water samples and laboratory analysis will occur in a subsequent phase of the project. o Task 4 - A survey will be performed to provide the hor- izontal location and vertical elevation of all monitor wells in the vicinity of the abandoned landfill. Water level elevations will then be measured and the direc- tion of groundwater flow will be assessed and depicted on site maps for submission to FDER. o Task 5 - CH2M HILL will meet with the City Parks Department to assess the quality, quantity, and com- pos~tion of fertilizers applied to the abandoned landfill. o Task 6 - CH2M HILL will meet with the Palm Beach County Health Department to assess the location of public and private wells within one-half mile of the landfill. o Task 7 - CH2M HILL will summarize the findings and information generated during this study in a report to the City for submission to FDER. A meeting with FDER is anticipated once the report is completed to discuss the results of the study and subsequent FDER requirements. ~ Mr. Robert A. Barcinski Page 3 October 26, 1989 SEF40.30 If you so desire, this project can be included as part of the February 11, 1988, Agreement of Professional Services between the City of Delray Beach and CH2M HILL Southeast, Inc. This agreement currently bases payment on time and expenses. We estimate that the costs necessary to complete the tasks described herein will be $12,900. We look Beach. give me forward to providing these services If you have any questions regarding a call. to the City of Delray this proposal, please Sincerely, CH2M HILL 0r\~s,Mo~ Mark S. Morris, Ph.D., P.E. Project Manager dbt012/l06.50 cc: Robert Wright II/CH2M HILL I F if " I 11',1,' I- III !III, ", ' .IUl.II_~ I I II', :'1 i'I" ATTACHMENT 8 CONTRACT ARTICLE FOR PRIVATE CLIENT HAZARDOUS OR TOXIC WASTE WORK OWNER recognizes that: RESPONSIBILITY ANO LIABILITY o ENGINEER is being engaged to render professional services involving ha~ardous wastes or materials for Which,ENGINEER has had no role in generating, treating, storing, or diSposing, o ENGINEER has not shared and will not share in any revenues or prOfits trom the processes prOducing those or similar Wastes or materials. o ENGINEER's services will be compensated largely on the basis of the time ENGINEER's employees spend in rendering services and not on the basis of the legal liabilities created by the risks from the wastes or materi~,ls. o Restrictions or eXclusions in the availability of professional liability and other insurance for ENGINEER's services either at present or as reason- ably Contemplat~d,in the future make it difficult or impossible ~or the ENGINEER or the engineering profession as ~, Whole to apportion risk on this or other similar Work by adjustment of fees. o ENGINEER has not inclUded in its fees substantial premiums in the naturo of reserves for risks. o In specific consideration of the ENGINEER not securing (or being Unable to secure) insurance to cover risks arising from this project, the OWNER agrees to indemnify the ENGINEER as provided in this Contract. In consideration of these facts, OWNER and ENGINEER expressly agree to the fOllowing as part of the basis of ENGINEER's bargain: 1, ENGINEER's services shall be governed by the negligence standard fo~ professional services, measured as of the time those services are rendered. 2. ENGINEER's liability for all acts, errors, omissions, or negligence, whether aetive or paSsive, shall not eXceed.~~~~XXI1lH!X for all injuries or losses from, or related to, any radioactive, hazardou~, or toxic material, chemical, or condition. ENGINEER's 'the Ilmlts of sovereign Immunity set forth In PIa, Stat '768.28 8("Pf'lin1/A"l' ;f , J I I' I" l II, ; -;'1 Jt-,; .1:" j )1: I:' f~' 6. II i 111::.:.'~-,--.1l~1U~~ I~_, ~ ,I, 11',')', I,ll liability for injuries or losses not described above shall not exceed in the aggregate $1,000,00 for pro- fessional and in the aggregate $5,000,000 for all other acts, errors, omissions, or negligence, whether active or passive. 3. To the extent permitted by law, the OWNER agrees to defend, indemnify, and hold ENGINEER harmless from any claim, liability, or defense cost, subject to the limitations set forth in Florida Statutes S768.28 for injuries or losses sustained or alleged by any person or entity, not a party to this AGREEMENT, and allegedly arising out of or related to ENGINEER's performance of services under this AGREEMENT. . "' ,'" 4. As used in this Article, "ENGINEER" includes the ENGINEER, any affiliated corporations, or any of its or their officers, directors, employees, or agents. 5. The provisions of this Article shall survive termina- tion of this AGREEMENT for any cause. The provisions of this Article shall survive termina- tion of this AGREEMENT or any document incorporated into it Or referenced by it. 7. The laws of the State of Florida shall govern the validity of this agreement, with venue in Palm Beach County, Florida, 2 my DF DELAAY'BEA~. ^.,...., .,.~1.<$. "..._,",~,.",.,~"",.,,) ~(;J<lf/', J CITY ATTORNEY'S OFFICE 310 S,E, 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483 407/243-7090 TELECOPIER 407/278-4755 MEMORANDUM Date: Octoher 26, 1989 To: City Commissiop From: Herhert W. A. Thiele, City Attorney Subject: Participation in Florida League of Cities Legal Computer System For many years now the City Attorney's Office has been a direct contractor with West Publishing Company for participation in the Westlaw Legal Compnter System, We have found this system to be extremely advantageous for our office given the limited number of legal textbooks that we' have in our library, as well the small amount of staff time available for legal resel\rch. It is our opinion that we should continue with our participation in this legal computer system; however, we have recently been advised that we should be able to save some additional money by participating in a new system adopted by the Florida r,eague of Cities. SpecificaIl1r-;-.:the Florida League of Cities has been able to contract with West Publishing Company for participation in a Westlaw system which will waive the currently paid $100 per month subscription fee. While all other costs will remain the same, participation through the Florida League of Cities will save the City, through the City Attorney's Office, the sum of $1,200 per year for this service. It is our recommendation then thl\t we paJ;'ticipate in this new group contract with Wp.stlaw, and by copy of this memorandum to the City Manager's Office, we are requesting- that this matter he placed on the consent agenda of the next available City Commission meeting for authorization and approval of participation in the Government Dial-Up Service of the Westlaw Subscriber Agreement for participation by the City Attorney's Office. Funding for this, as in the past, shall come from the City Attorney's Office's budget. If you have any particular questions, please contact me personally. $1: Attachment cc: Malcolm T, Bird, Interim City Mana!'[er Elizabeth Arna.u, City Clerk Yvonne Kincaide, Budget Director David M, Huddleston, Director of Finance · President Raul Martinez Mayor, Hialeah , First Vice Pre.ldent Eric B, Smith Councilman, Jacksonville S<<:ond Vice PresIdent A, C, Littleton Commissioner. Panama City Flonda League of Cities, Ine, 201 West Park Avenue Post Office Box'1757 :ra1iahassee;,'FL32302,1'l57 ~J t9684 \.1.",~~~~10 , MEMORANDUM DATE: October 6, 1989 TO: City Attorneys FROM: James R. Wolf General Counsel RE: Legal Computer I. The League of cities has negotiated a contract with Westlaw to provide access for city attorneys. The details are as follows: I) Subscription Fees The League will pay $100 a month subscription fee. The individual citv attornevs will have no monthlv subscription fee but will onlv pav for usaqe. 2) Usaqe Fees Thelfees for usage will be the normal governmental rate (see attached), approximately $130 an hour, all inclusive, versus the private rate of approximately $240 an hour. 3) Software Costs will depend on the type of your computer but will probably be around $25. 4) Traininq There are a number of training options: a. Training at Westlaw offices in Miami will be free. b. Training at regional seminars to be held at various locations throughout the state over the fall (probably West Palm Beach, Orlando and Tampa) will be free. c. Training at the League office in Tallahassee will be arranged on specified dates free of charge. At-LMrIe:..., D. ScIw III . Commissioner. ~ qaumy-GeraId F. Tho.~ .. Comr' , ~. 8rowatd ~."""''''''''Todd. Commis- -.--County. COnp'J ' __.-.L-..""Moyof, ForlW......-..~a.HoIloy,c..,.,-..'"'. T_._A. ...... c...,..~~. AtlantIc Beech eGMrgee........ Mayor, New 5myma Beech.JoIIn H. LMd. Mayor, Apopka.......w. ~{P l'Ind.CounciIIMn. Arc:hIt. Lee Ounan. Councitman. TatnpIl. HoIIMd Go ......... Mavor. Seminole. ....... C. ....,~_I ea.... 'I farw. Plant CIty. WHIIem A. e"..., Moyof. _....,.LonyL__CounciImlln, Roc:Idodgo._ Y,_COIM1Uoo_, W"'P__._K.~ Councitman._ 00." '_'Golgor,MlIvor, ConIlSprtngs.H,_ _ Counc>tman, OoIdondPOI1<o.-.1I. __Coo...,........... Donla._~... ....CounciI- _.__.Dr,~_ VlceMoyof. Bav__.AoyS._,Coi,..' '~..,_Clty'1DI.Mp<<_,,_Loe.Counc:Il, ~ 1~1J. ,....... J. L PIuIhmer,Jr., VIce Mayor, MiwnI. Pat Presidente s.ndy W. ,,~:..~~ .:. Tampa. MMhilCooperM8ddux. CounciIrnember. Sl PeIer8burg.All.dlto.... ......... Councilman. HiUMh_JIm Nlluale. Com- IF'""", Fort ......Ford, Cv.....~_. OMndo.....GIufI8ntI. ~'~ .s...,w.a.burd. ViceMllyor, Miami 8McheRTtlJ.o.rv.y, Mayor, CII.Il..... .""'~r" ... L-_.--J'=.~ear -. · .. - e:eonn-.._, Crt.- 0 FCCMA: _ L CIlonoy, CiIy "'""-, ~ _ . T~ , C, SIltlg, EllOc:uIIve 0tnIcl0t._ R. Wolf. _ Counsel -._~,_. d. Training at your of.ficei,willl.Wl.be!llp~.:bY'1WestlaWl iat: " $70 per trainee, but:for'each+1:ra:inee~'You".:wilJ."recei'Ve' one free hour of computer time'.' 5) Parties with existing contracts with Westlaw may switch in approximately J weeks to the League contract by notifying their Westlaw representative with a carbon copy to the League that they wish to switch to the League of cities contract. 6) City attorneys who are in private practice may utilize the League contract for your governmental work. Arrangements for your private clients will have to be negotiated with Westlaw. 7) Parties wishing to sign up must do so through the League by requesting the appropriate forms through the League. You cannot utilize the League contract through direct contract with Westlaw. 8) Each city will receive an individual bill for their own usage. II. We are continuing to negotiate with Netlaw, a smaller legal computer firm that only has Florida research. It is expected that there will be no monthly charge for these services. There will be a low hourly rate, and you will be able to utilize the same computer equipment that you use for Westlaw. This service will be available soon. III. We are still negotiating concerning a computer brief bank and ordinance service. We hope this will be available shortly. .~--- If you have any questions, please let me know. JRW/ca Encl. t ~ WFSTrAUre_ 'LL.d3.YN~;;:~,~.;:'{~-,: . "'Y'i:., . ..,', 'ic-,n';_." . .j ,'.' "\;Y~~" Schedule A to WESTLAW~ Subscriber Agreement PLAN 2 - Government Dial-Up Service * 1, Monthly Subscription Chsrge Subscriber shall pay a monthly subscription charge of $100 per agency, 2, Monthly Usage Charges a. Database Chsrges I, Standard Options Except as otherwise provided in subperegraph (Ii) below, Subscriber shall pay monthly database charges pursuant to the option selected below, Such monthly database charges are available only to government personnei accessing WESTLAW for government purpo..., Acee.. by non. government personnel or lor non-gov.rnm.nt purpo..s is strictly prohibited, Subscriber mey .'ect e dllI.r.nt option or chang. its minimum monthly databas. commitment under th. Block Option by giving W.st writlen notice at least 30 day. prior to the first day 01 a bUIing cycle, .ffective a. of thelirst day of such billing cyde, _ Hourly Opllon Hour. 01 Database U.e ().3 4-30 31-up Hourly R.t. $75 70 65 Cumul.llv. Charg.. $ 225 2115 Under the Hourly Op~n, Sub.crib.r'. datab... u.. may b. eggregal8d for blUing purpo..., _ Block Option (complete minimum hours) MInimum Monthly Dalabue Commibnent _ hours Under the Block Option, ..ch agency mull commit to e minimum monthly database use 0' no fewer than 100 hours 'or which k agre.s 10 pey a monthly block charg. pursuant to th. foliowing schedule, regardle.. 0' actual use, Use 0' Current Awareness Databa..s and Specialty Database. .haD not be applied againllthe minimum monthly database commitm.nt. Ag.nci.s are not p.rmill.d to aggr.gat. database us. for billing purpose. under the Block Option, Hours used in .xcess 0' the monthly database commitment shaD ba billed at the .xce.. rate s.t forth in the foUowing schedule: Minimum Monthly Datab... Commitment (In Houro) 100 200 300 400 500 750 Over 750 Monthly Exc..a Hourly Blook Charge Rile $ 5.500 $55,00 10,000 50,00 13,500 45,00 16,000 40,00 17,500 35,00 18,750 25,00 Available Upon Request *The Florida League of Cities and the Offices of the City Attorney of its n81b:r'S shall be cal- sidered as me agency for the purposes of the ltrIth ly Subscription Charge. The ltrIth ly Sub- saiption Charge shall be paid by the Florida League of Cities. 10ll/88 ' II. Special Charges Special database charges shall apply to the databases indicated below: a, Allme Databasas Each hour 01 usa 01 the Alllile Databases as identified in the WESTLAW Directory shall count as 1.65 hours of database use. b, Currant Awareness Databases The charge lor use of Current Awareness Database, as identified in the WESTLAW Di,ectory shall be $25 per hour, c, Specialty Databas.s The charge ior use of the Specialty Databases as idantified in th. WESTLAW Directory shall be $150 per hour, b, Conn.ct Tim. Charg.s Subscriber shall pay connect time charges at the rale oi $45 per hour, Connect time charges shall begin when Subscribe(s password is transmil1ed and.nd wh.n Subscrib.r's telecommunications link is disconnected. c. Communlcatlona Charges Subscribar shall pay communications charg.s at the rat. of $10 per ho... for local network aocess. $20 per hour for WATS network aocess and $18 per hou, lor access from localions in A1..ka, Hawa. or Puerto Rico, The per hour ratas shall be incr....d $10 per hour lor access at a bsud rala greatar than 1200 baud, Communications charg.s shall b.gin wh.n Subscriber's password is transmitled and end when Subscriber', talecommunication. link is di.connected, 3. Oll.Llne TNlnamlsalon Charg.. The cI1arg. lor oK-lin. transmission, including printing, downloading and use 01 WESTPRINT, w..rs print and mail .ervica, shall be $,02 per ine, In addition, a $15 handling charg. per individual u.er per day .haU ." charged 'or u.. of WESTPRINT, 4, Training Charges Each of Subscriber's p.rsonn.1 who will us. WESTLAW must complete a WeSTLAW basic training s...ion, Basic training shaU be provided to Subscriber at a cI1arge of $70 per lrainee wilh e minimum training charge of $280 lor the initial session, Tha maximum training charg. to be paid by each agency for basic training shall be $2,100, Training charge. include wriUen in.tructional material, and p.rsonalized instruction, For each traine., Subscriber shall receive up to on. hour of fr.. di:18bas. u.. which must be used by .uch Iraine. within 15 day. 01 such traine.'s basic training s.ssion, Connect time and communication. charges shall also be waived 'or such database use, Number of Subscribe(s Personnel to b. Trained 5, Modlllcatlon 01 Charg.a and Taxaa West may modify Charg.. prior to the .ffeclive' data olth. Subscriber Agreeme'1t and upon 60 days' prior written notice aher the initial one- year term thereof. Charges are exclusive of lales, use and other taxes, which are the responsibility 01 Subscriber. 9552.1188 ...._-.... . [IT' DF DELAAY' BEA[H~a '~'>; .' .,. " ( ;'.Ji" ;-il- ~ \ ~,~,~..,~".:" ....." ,,... . \ " . - ~ ~ , '; . ~ \~f'.t\ I ,',' I CITY ATTORNEY'S OFFICE 310 S,E, 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483 407/24 ).7090 TELECOPIER 407/278-4755 MEMORANDUM Date: October 26, 1989 To: City Commissiop From: Herbert W, A, Thiele. City Attorn",:.' Subject: Participation in Florina LelJg-ue of Citipe Lpg-al Computer System For many vears now the City Attorney's OffirE' haR been a direct contractor with West Publishing Company for participation in the Westlaw Leg-al Computer System. We have found this system to bp pxtremely advantageous for our office given the limited number of lei':al textbooks that we have in our library. as well the small amollnt of staff time avrolable for legal research, It is our opinion that we should continue with <'ur participstion in this legal computer system; however. we have recently been a.dvisp.d that we should be able to save some additional money by participating in a new system adopted by the Florida League of Cities. SpecificallY;---the Florida League of Cities has bpen able to contract with West Publishing Company for participation in a West1aw s~'stem which will waive the currently paid $100 per month subscription fee. While all other C!osts will remain the same, participation through the Florida League of Cities will save the City. through the City Attorney's OfficI'. the sum of $1,200 per year for this service. It is our recommendation then that we participate in this new group contract ~ with Westlaw. and by copy of this memorsndum to the City Manager's Office~ we are requesting that this mstter he placed on the com~E'nt agenda of the next available City Commission meeting for authorization and approval of participation in the Government Dial-Up Service of the WE'stlaw Subscriber Agreement for participstion b)' the City Attorney's Office. Funding for this, as in the past. shall come from the City Attorney's Office's budllet. ~ If you have any particular questions. please contact me personally. @ Ps" Jb~ ,9-'\,) 1'f..f:Jw ~ Attachment y cc: Malcolm T. Bird. Interim City Manag'pr Elizabp.th Arnau. City Clerk Yvonne Kincaide. Budget Director David M. Huddleston, Director of Financ", 3~ · President Raul Martinez Mayor, Hialeah First Vice President Eric B, Smith Councilman, Jacksonville Second Vice President A, C, LIttleton Commissioner, Panama City Florida League of Cities, 1m 201 West Parl< Avenu Post Office Box 1 75 Tallahassee. FL 32302,175 el1!1One (904) 222.968, " . uncom 282'501' -=~ MEMORANDUM DATE: October 6, 1989 TO: City Attorneys FROM: James R. Wolf General Counsel RE: Legal Computer I. The League of Cities has negotiated a contract with Westlaw to provide access for city attorneys. The details are as follows: 1) Subscription Fees The League will pay $100 a month subscription fee. The individual city attornevs will have no monthly subscription fee but will only pav for usaae. 2) Usaqe Fees Thel:ees for usage will be the normal governmental rate (see attached), approximately $130 an hour, all inclusive, versus the private rate of approximately $240 an hour. 3) Software Costs will depend on the type of your computer but will probably be around $25. 4) Traininq' There are a number of training options: a. Training at Westlaw offices in Miami will be free. b. Training at regional seminars to be held at various locations throughout the state over the fall (probably West Palm Beach, Orlando and Tampa) will be free. c. Training at the League office in Tallahassee will be arranged on specified dates free of charge. At-LMpt: 8any D. Sdw.lbJ . Comm...iat.... Meln>OAde CountyeOenlld II. TheM ~ 1 ..ConwniaIoner. Btowltd~e""""", Todd. Commi.. SiClMr. Pmellu County e Coop IJeI... ~ John L tIhor't.II,ok..~. Fort daft 8Mch e -,.. HIftey, Co.,..,' . liIlo. TatIahuMe e Glenn A. EdwMIa. C4....~ ~. Atlantic BHch e...... Muaeon. Mayor. New ~ e.ctteJolln H....... Mayar.~e""",w. ",,'1 ,'Ind, Councilman. Archer. LIe DuncM. COundIman. Tampa....... Q.1IMauIft. Mavor. ...... e WI... Co "'J_A_. ~...' . .... PIaN CIty. Win..... It.. e....... !ola'/Or. - ol.or7yL. -unz, COuncilmen, Rocl<Jodgo olllclin V, __ CooI.,......... WOllPolm-'._IC.~Councomon,_o 00,8, .-. Clolgor. Moyof, Co1al Springs 0 H. _ _, CounciImon. OOIdIndPwko_lL-,eom..' '~_.llIniao__. Counal, -, Nor1h Miami 0 Or, Loula.-, Vlco !ola'/Or,1lay -'-.!Ior" _.c..,.. l .... _Cily.,0lMvNf_ a.1SonI..IM, Counal, per'8Otl. ItICl<IOnWle.J. L. PI......... Jr.. Viclt Mayor. MiW. PutPrM6dlni...."w.'r~;.::"=. Tampe.......Coaper........ COuncimembet. StP~e..................COundIman.HiaJMh.Jllft........Q...... ,,'c .'.Fort ...........Co..... . ....Or1ando......OluU.ntI. Mayor. Hd=..., WeIabun:I, Vice Mayor. Miami BMch. RbJ. ~I fMyor. cs..rw...... Put - . ~ .. L._.__ J. ~ ~ra,ona -. 0 a. -. Commlllionot, on.- 0 _: _ L. Chonor. CIty ~. Boyrml -. 0 T.........: C, SIllIt.ExoartlvoOI_O_R.Wotl._Cou_ ) ~ t d. Training' at your office will be provided bYWestlaw~;:at.(~): $70 per trainee, but for each trainee you ,wil.1 "receive,,;, one free hour of computer time. 5) Parties with existing contracts with Westlaw may switch in approximately 3 weeks to the League contract by notifying their Westlaw representative with a carbon copy to the League that they wish to switch to the League of cities contract. 6) City attorneys who are in private practice may utilize the League contract for your governmental work. Arrangements for your private clients will have to be negotiated with Westlaw. 7) Parties wishing to sign up must do so through the League by requesting the appropriate forms through the League. You cannot utilize the League contract through direct contract with Westlaw. 8) Each city will receive an individual bill for their own usage. II. We are continuing to negotiate with Netlaw, a smaller legal computer firm that only has Florida research. It is expected that there will be no monthly charge for these services. There will be a low hourly rate, and you will be able to utilize the same computer equipment that you use for Westlaw. This service will be available soon. III. We are still negotiating concerning a computer brief bank and ordinance service. We hope this will be available shortly. -----... . If you have any quest~ons, please let me know. JRWjca Encl. ,WESrLAW. r,l~ Schedule A to WESTLAW~ Subscriber Agreement PLAN 2 - Government Dial-Up Service * 1, Monthly Subscription Chargo Subscriber shall pay a monthly subscription charge of $100 per agoncy, 2, Monthly Usago Chargoa a, Oatab..a Charg.. I. Standard Option a Excepl as olhorwi.e provided in .ubparagreph (ii) below, Sub.criber shall pey monlhly dalabase charge. pur.uant to the option ,elected below. Such monthly datab... charges are available only to government plnonnel acce..ing WESTLAW for govarnmanl purpo..., Acee.. by non. governmonl parsonnol or for non.governmant purpo.a. i. Ilriclly prohlbiled, Sub.criber may olocl a dlfforenl oplion or chango ill minimum monthly databa.. commitmenl under tho Block Oplion by giving Wost wrilton notice al le"l 30 deys prior 10 tho firsl day of 0 billing cycle, offective os 01 the first day of .uch billing cyclo, _ Hourly Option Hour. of Databa.. U.. 0-3 4-30 3t-up Hourly Rlto $75 70 65 Cumulatlvo Chlrg.. $ 225 2115 Under tho Hourly Op~, Sub.criber'l dlllb..o UIO mlY bo aggrega10d for billing purpow., _ Block Option (completa minimum hours) Minimum Monthly Dltaba.. Commitmenl: _ hours Undar tho Block Oplion, oach agoncy mUll commll 10 a minimum monthly databuo UIO of no fower than 100 hours for which il ogreos to pay a monthly block chargo pursuanl 10 tho lollowing .chodula, ragardlo.. of actual use, UIO 01 Curranl Awareno.. O.tabala. .nd Spacially O.tabalO' shall nol be appliad .g.in.lthe minimum monthly databosa commitmont Agoncios .ro not permittod to aggregato datab..a use for billing purpolO' under lha Block Option, Hours u.ad In oxce.. 01 tho monthly databuo commitment shaH ba biHad .1 the oxce.. r.ta 101 fonh in the following .chadule: Minimum Monlhly Databoso Commllmonl (In HOUri) 100 200 300 400 500 750 Over 750 Monlhly Exco.. Hourly Blook Chlrgo RIla $ MOO $55,00 10,000 50,00 13,500 45,00 16,000 40,00 17,500 35,00 18,750 25,00 Availabio Upon Requesl *The Florida League of Cities and the Offices of the City Attorney of its rrsrbers shall be con- sidered as ale agency for the purposes of the t-mthly Subscription Charge. The t-mthly Sub- scription Charge shall be paid by the Florida League of Cities. 101'/11 . II. Spoclal Charg.. Special delaba.. chlrges shell apply 10 the databases indicated below: ., Afflllo O.t.b.... Each hour of use of the Ailliie Oatab.SI. .. Identified in the WESTLAW Directory .hall count as 1.65 hour. of database us.. b, Current Aw.reness O.t.bas.. The charge for use of Current Awarenes. Oatabase. 8. identified in the WESTLAW Directory shall be $25 per hour, C, Spacl.lly O.t.b.... The chMgo for USI ollhe Specially Oal.b.... .. idanlifiad in tho WESTLAW Oireclory .hall be $150 par hour, b, Connact Tim. Ch.rge. Subscriber shall p.y conneclllme chargos altha rate of $45 par hour, Connect time chargos shall begin whon Sub.cribef. pa.sword i.lr.n.mined and end when Subscriber's tolecommunicalions link i. disconnectad, c. Communlc.tlon. Ch.rg.. Sublcribar shall PlY communicalion. chargos althe rata of $10 per hoUl for local netwo,. a"",.., $20 per hour lor WATS notwo,. acoell and $18 per hou, lor a"",.. Irom location. In A1uka, Haw.ii or Puerto Rico, The per hour rala.shaJI be increalOd $10 per hoUl for ._lIal. b.ud rato greale, than 1200 baud, Communlc.tion. ch.rg.. .h.n bogin when Subloribef. pallword I. Iran.millod and ond whon Subscriber'. talocommunication.link I. di.connectad, 3. Off.Une Tren.ml..lon Ch.rg.. Tho chargo for oH~ins lranaml,"ion, including printing, downloading and use of WESTPRINT, Wost. print and mail service, shall ba $,02 par Uno, In addition, . $15 handling chargo par individual user par day .ha11 b, chargad for ula of WESTPRINT, 4, Tr.lnlng Ch.rge. e.ch of Sub.criber'. personnsl who will usa WESTLAW must complota . WeSTLAW buiclraining lO..ion, Ba.ic Iraining shall be provided 10 Subscriber .1. charge 01 570 per Ir.in.. with. minimum Iraining charga of $280 for the inilial lO..ion, Tha maximum Iraining chargo to ba paid by oach .gency for ba.ic v.ining shall bo $2,100, Training charg.. include wriUln instructional mallrial, and per.on.lized inllrUction, For oach Iraineo, Subscriber shall recaivo up to ono hour 01 fr.. datab.1O UIO which mUll be usad by .uch Irainee wilhin 15 day. ol.uch lraines'l basic \r.ining .e..ion, Connect time and communication. chargos .hall also be waived lor IUclt dalab..1 u.., Number of Subloribef. ParsonnollO bo Trainad 5, Modlllcatlon of Charg.. .nd T.x.. WOSl m.y modify Chargos prior to lha .ffective data 01 the Subscnber Agr..mef'!1 and upon 60 day,' prior wrinen notice aher d'le initial one- y..r \lrm thlreof. Charge. ar. IxclusivI of '118', use and olher taxos, which are tho rospon.ibilily of Sub.criber, Q552.1I88 ! [fry DF DElRAY BEA[H CITY ATTORNEY'S OFFICE I i:1 I I ';( I: I I III I j(.\y IlI,'\CII, 1'1.0HID^ JJ4HJ 'I ~ 11')1, Ii I ) ( (i)' I I, I{ .1(17 /2 7 R-4 755 U_G1~_?.i\N;.~J Dd Ll'~: <JCtODCI' JO, 1::.(3 Iro: Ci. I-y C!)rnrniss j,an From: }1(;.ri)c': I W.)\. Tn_il~.:.L', ;.:i I; y J'.L l:.':.)}:n(~y Subj,,(:r.: Regu'"st for t',nticipdt,i,on as lvnic1ls Curie in Pilge vs. Valentine The City Attotn/ey'S Office is ill receipt of an inquiry from the law firm of ~~sel and Gelston concerning a recent decision of the Fourth Dir;t.r let Court of J\ppeal in the case of Paqe v, Valentine, In this case the Court held 0.mployees working in thai l' civil rights actions in Sovereign Immunity Laws. that municipalities land presumably of f icial capacity) are s\1bj eel. to ~tate Court despite the State's Due to the importan<::e of this case, Mr, Gelston \~ho has represented the City in other actions, has reqUested that we agree to appear before the Florida Supreme Court as "friend of t.he Court" ilnd enter briefs on bchalf of the City in the appeal of this case, We'd appreciate ~his matter. being placed on tha next available City C()mmission meet.ing, and w~ recommend that t.he City Commission a!Jprove of ollr parl:i:.:ipation in the appeal of this case. #'" H1':ci Attachment CC Fred Gelston, Esq, James R, Wolf, General Counsel, [,lurida League of Cities 33 CHARLES H. DAMSEL, JR. FLORIOA BOAAO ClltTr'1I1:0 CIVIL TRI....L LAWYER claw Olfiw 0/ DAMSEL Be GELSTON, P,A. FRED H. GELSTON . FLORIO.... BOAAO ClltTI'IID CIVIL TRI....L L....WnR . ALIO ADMITTED IN PENNSYLVANI.... 4115 15TH STREET POST OFFICE BOX 41507 WEST PALM BEACH. FLORIDA 33402-4507 14071 832-e45S STUART M. SILVERMAN Carl Coffin, Esquire Office of City Attorneys Post Office Box 1390 West Palm Beach, FL 33402 September 8, 1989 /! Herbert W, A, Thiele, Esquire Office of City Attorneys 100 NW 1st Avenue Delray Beach, FL 33444 John E, Baker, E~fire Office of City Aytprneys 257 SE Avenue E Belle Glade, FL 33430 \'iii1' ~U\, , ';',,' : \ t' . J '. I" \ . I ~ \. , ~, , IIJ c' '" '..> . Dear Gentlemen: Enclosed herein please find an opinion filed on September 6, 1989, by the Fourth D.C,A in Paqe v, Valentine, The opinion is quite disturbing for the Court held that municipalities (and presumably employees working in their official capacity) are subject to civil right actions in state court despite sovereign immunity, , ! Our firm is involved in this case for we represent C.rl Valentine, former Lake Clarke Shore Chief of Police in his official and individual capacity, In the case the Plaintiff a probationary employee brought the civil rights claim against the town of Lake Clarke Shores, Valentine, and current Chief of POlice, Deborah MOOdy. In March of 1988, all Defendants attempted to dismiss the Civil rights claim'based upon Hill v. Department of Correction, 513 So, 2d 129 (Fla. 1987), Two oral arguments were held in which defense counsel argued that municipalities and their employees acting in their off icial capaci ty are immune from civil right actions brought in state court as expressed by Florida Statutes and the Hill decision. Plaintiff counsel argued that municipalities were not state agencies or subdivision and therefore Hill was inappropriate, In July of 1988, JUdge Wennet issued a order denying Defendant motion to dismiss, In that order JUdge Wennet expressed that Hill was appropriate, however he was bound by the conflicting holding of the Fourth D,C.A, in Citv of Rivera Beach v, Lanqevin 522 So. 2d 857 (Fourth D,C,A, 1987), Subsequently, the town filed a Motion for Judgment of the Pleadings raising the same Hill issue, The motion was granted, It was this order that was appealed to the Fourth D,C,A, and SUbsequently reversed. Copies of both of JUdge Wennet's orders are enclosed. Eventually the trial court dismissed the civil rights claim against Valentine and Moody in their official capacities, H u The town of Lake Clarke Shore~ \'/ill appeal thi~ matter to the Florida Supreme Cou~t. The Supreme Court in it~ discretion may review the Page deci~ion if it expre~~ly and directly conflict~ with the decision of another di~trict Court of appeal or of the supreme court on the ~ame qUe~tion of law. We believe that the Page opinion is in direct and expressed conflict with the Florida Supreme Court's opinion in lilll and the second district court of appeals opinion in !:iOy/lett v, Ro~ 537 So 2d 706 (2nd D,C.A, 1989), Briefly let me explain the legal issues ~aised in Hill and HOwlett, In Hill, the Supreme' Cou~t ans\'Ic:~ed i:~ the negatiVe the following certmed question; "Has the Sta:e of Florida pIO~::;U")nt to ~ection 768,28 F,S,A (1983) waveq Jte 11th Amendment and state common law immunity and consent1~ to suit against the State and its agencie~ under , 42 U. S . C s e'c t l un 1983 It IQ. ,J, t 1 30 Please note that F,S,A 768,28 :2) defines state agencies to inclUde counties and municipality, Therefore, based upon Hill one may conclude that a mUnicipalitie~ may not be Sued in ~tate'"court for civil rights Viol~tions, Hill spawned a progeny of case~; the latest of \~hich is Howlett. There, the appellate court held that the Pinellas County School Board may not be sued in state court under 42 U,S,C, 1983, "The question of whether that SOVereign immUnity exists lis a question of state law and not federal law," Id. at 707, Ther,~fore, Howlett is further support to the apPlication of SOVereign immunity in state COurt actions in civil rights violation~, Bear in mind HOWlett does not refer to the 2nd District Court of Appeals pre Hill d~cision of Southern Alliance Corporation v, City of Winter Haven 505 So 2d 489 (2nd D.C.A 1987), In Southern Alliance the court permitted an action against the muniCipality under 42 U,S.C 1983, One can presume that since Howlett relies upon Hill and not Southern Alliance then Southern Alliance is no longer the law of the 2nd D,C.A. This is important since the Lanqevin and Paqe decisions refer to Southern Alliance. The effect of the Paqe opinion will cause an increase the number of civil rights cases filed against municipalities and to make each of these cases more expensive. Attorneys fees are recoverable in civil rights cases, Therefore, Plaintiffs counsel may be more apt to frame his case a~ a civil rights violation, Of the cases in which our firm is handling, McCracken v. Delray Beach and Herrinq v. City of We~t ,Pa.lm Beach arc the types in which Plaintiffs Counsel might amend to add civil rights violation~ and of course demand attorney fees, In addition there ha~e been several ca~e~ that our firm has handled that once the civil ~ight~ po~ticln cot the case Vias dismissed or ~ threatened to be dlsmissed the case settled for nuisance Value, Holmes Y-~l!~LS't )':est Pal'-"--A.~"s:t: and f,lesh v, Palm Beach Gardens are two cases that come to mind, More importantly we have several cases in \'Ihich !'~q motions pcnding; AJi v, City of West Palm ~~12, gl~_r!<v,_C~::L.Q% t'lest l:C'l~;::_~~~fh, tLr:.lso!}---",-,- City of Wes! ~-~~~t!, and ~IC'-,S" i~-,-_9.l!=J' '-'-f B(~)~~_~~~g~, Needless to say, such motions at t~lis point lnight ~2 denied. In addition, it oO'.'ereign Cln:::ul:lty does not apply then theoretically neither does the aNE HUNDRED THOUSAND 15100,000,00) DOLLAR statutory ~i::lit, Municip;oLtiecc \'Iould be liable up to the blue sky, If SUC;110 the C3se t;le:: PLolntiff's 3ttorney l'lill have a bigger pot of ~::J l'~ to ~FJ Ec;:'- In short" tile ~~::l9::, "plC1C;::~ :" ., '::':::ore in t;:ot: it I'Jill create more C1Vl1 rlght,~,l:.loes agel:::"""::,:'-:r;"l.:tie::; '-",d e,'lch case will become more e)(pen'~l':e, l:: ::~::.:' " :.l:e Pag_e cpicion is bad 1 a 1'1 in directly conflict ',,: th a F1e:;::" ..:i::'::::;" '~ourt ceesc and a 2nd D,C,A case, Its dirGc' ~onrlist ~~c'lld n~, cc~c as 3 surprise to the Florid3 Supreme C":l1' t bee,":",::? ,:Cl:';):: ,'Icr:nct ,'ecognized this conflict in his original rUling in JU1~1 ot laS8, Therefore I propose to you th3t you contact us concerning appearing as an amicus in the Supreme Court proceedings on behalf of each or all of your cities, We each h3ve an interest that the Supreme Court decide to review the Paqe opinion and decide to reverse the appellate opinion, Hopefully the Supreme Court wi~1 do SUch, and once and for all settle this matter that municip&~ities are not subject to civil rights action in state Court, I look forward to talking with each of you about this matter and in the mean time if I could be of any assistance to you please do not hesitate to contact me. With kindest personal regards, Very truly yours, DAMSEL & GELSTON, P.A. ., ~(.(. c;l~ t:'- FRED H, GELSTON FHG\jm Encls. cc: James M, Glenny James McDwyer Audrey Flowe,'s ~ 1 ~ 1 ; '.'~~":"::~::':. ~ , M,MI 1'/lCU:, 'f.;;!" I' f':t.'. If "I 1 ;i, I~~ i '. I ~, :j{,,,, :,:;11"1; "VI"..' ';1 ',Ii ;',':,-: ,):1 1 .~ .' , ~" ii, ,; d.~ .. II; ':', , ,11J '1'111:: /JI~;'I'IIJC'J' COIIII'/' ('\" IIp,'I!,/. (Ji" '/'llle STATE OF' FL,OIlIll^.,,: "i'! " r'UUIl'J'IJ 1)1~'/'111C'J' JULY 'l'EBM 190~!'i;" <:' . ,.' ',".~,":,:I :/,"i,j(:_ .if:' . , "';': .,; ":ITt, d. i:' J.~" .. , . :'1. ~ . ,I . . :: , II : ,:: , I'll ,~ \ ,NUrl1:,Al Ur,"I'II,TIMHX.J:'l1lCS ':;; IU )'11.1: llEI1IiM:tNG MI)7WW " /IND, !I' FIU,O, D1SPO~;lJ[) 01' :i. :f ,. 1 ' . . ;';: I, ~ .' CilSE NO, 89-1330, "i': J;"; (jl Ii"",' Q C:t-' '" f')" , , Vb',J" ~; ~'''''''I'-I' II 'f ,\ ", . ' 'i, ' . .;.;) ".) .1.... '.., " /lppcllilllL, v, C/lllf, VIII,I';H'J') NE:, eL l,j, IIppe 1.1 el"', ""-~_._... t>plnjun filed Sept.!!/III",,, (" 1~[j9 IIppe,il oe b/non-[ 1111:.1 nrd'.'1 froll1 the C1rcuit CUl/l'l for 1'/1111, lIel1(~h COUll Ly I Rich,1l'f.l J, \'i<"nllC L, ;llItlYl~ , ., ,!, " ': ' , .. I'; ,I: " i " ~.. : , , " ,',; JE;\rlro ~I, Cllrclll e,f ')""'1'1'" I" ViiF;flalJo, P,^" LokL' 1'I','1l1" JUI IlppelJanL, ' ''J;.t: I'", ;\:' .;i: ':[) , ;'~: ' ,J: I !~ ii' 1,1 j':.; " " "I , ' , : 'f'I"-".. 'j,,""i' i ; ; r, ~! '\, "I: ~ ~, ,~ .\ "'i, 'Iijl; I .'Ii" Lf :' I 'j !, '; I" ,,' ',", t.'llrmc1f), llc.'tiIJr;l1nmp fie [)~'\II~l, t', ^, I l!",,!rr,ill,!t1 !I ,_' (\ <;/1 , 1l1'J'] Ii/I','/I /", (;ro~~;II1An ()f HiJee fl, Cr'(I!i:J/11:.~T11 1',11" NilllllJ, for ^J.'pcl.lcrl-'I"J"II lJe Lnke CJ !lrkc Shore::;, , ! I , ::.' l'LI{ CIJIUII!-1. oUicJals I II i lred ''''"\, '.' j I, ,1 I":' Ii ,.',,'111,"1 t llJl'!IY IlppuC\ls' /in un1o,/ .! ' l./HIL I,,;!J<.J t./1"t LIII" ,',1.,.,\ ': II i".1 c,'urt hod, 1'10/; olJbject',.llIltl.l r" !j . 1 I, I' fJ) 90.1 119'/9) fictions..' WI(}' rovaro(J, ~ ' : ; I \ ' , , 'l'IIQ ,polk", ",riju:I' 110.') rOl'lnerll', "iLh; L111J,ll,IlKe;;ClarkO:I > , ;.',' 'I "h',,' . l'III'.iIHI Ilis flmploymant, ,Jjeiw!'OLlJ " . '"""" Ij', I"" ; '" ~ '; . .! ',:. J ~ .,;!:' '~\ plIo,jiulled lC!tLC1' tu LI", I'i' 1111 I",'ael, .'()(;L r)(1J[:e,s;~/,r}g,,;!!Itlril;IIYI:',J,11J:('11 (Ibout LIi~ effacLs o( ",1,1"";:> "Ii [.'<.IJ jCQ off jc'e'r5:''''~,Sevl?ra~ ,;d/ll'~' , :;1"- '~l 'if.~I;':' ;;;: J.dt;{llill\i:l,i~:";V/l.": . ClfLlll' tine ,'rLic18, [)['" r"':.'LJ1\',;,d u I.:Pl-ill1lllicl 'fol'r'lilElj"'fEtllllll'Kt:, l' ;""1 ".: ;ltl'lf:..: '!''''J'' ""1 :'/-11" "~'J: ' 'J!,., .' . ':1; );"':., 'f'l I \lill :\j i ! ','~:'l' ~~"''''rdl 1110111.110. IIlL'CI', I,i" ('II'p1D\;II[(:llt wa,6 ,;}El~Jm,1.p'atl.E!'~'.,:!iJ:I~7.\;,~,~G'-' :. ;:~.;: : :~~~p 1-'~~:'J1\!I":'I' ''-'i': r';('l(~" ~Ie r e "d i B Con I: f: III (,eJ toy /1 i!) 1 (~t tar. . ,",'.1, J,i,,::,t; JqiliHi {/'I ' .:';1.. . I .'.;11 :J,....: ,"':H~\,~J'" ,'~!'..I,~"'." \ f'l, j!' "i I I " I'i'; ,.t't' '\' , ",', ",-,'1 :",1-",.1",;' f . I \ , ~ ' '1:. , ,I'r ", ,,",)' :J II r i fJ d J. ell 0 II rJ V e r 'I 2 u, 0; , I:: , :;IIU( CJfi Po I. i c,: Dcp,' 1'1:11".'11 l, I , , ,I,.; I'" 'I.",", . } \ ;'\1 . f}, I ',,' I I ~ 1: . , ..' ,.' : ,:, ,,;;~~i'''; ,i~:l :~,,:!Mij:.!'i';I'j\il:i"(\'i! . "'i,.W!hi' tI. " j~.'I'li,i!lhU,\ ,.f';;"J'i'I>!:",,; Q'itf "1'\", II J: 1 (II." \,~I rh"~ .~:J~>'tl~q'J,i'::" ^F; 0 result (,/.' LI,u t'.irlllj,lI~ L ion "'~.1 the 'f)flice..~l~i05L'!.C~F':.t,'J ii , Il:\4 I:::' ;i~~r:[,i)"!~I'r:""'I,~,,:ljN';'l);~,;:(,:"'; LIliu twLion ngJ1ill:1t: I he, to\-Ill ullder'142 :U.S1tC. 1',1!l19Q3J,,:;f:OrJ "'.,' I 11(1,) ":;!'I':'tl" ill"'J'I'11II1";I' (,;:",,' ,I ,i', . " ...., ,:~J ' !~. ' t( , J!' .,.~ l;: .' j I ;; U[l(if:'r LI,e !-'irst,'Flftl1,'lCl cl'~Fur,l;e~n~lI. " ,'1"..'/ "'1"~ '1".'11."'.' j' ~1'll.:d'I~.." 1."1.,' "."" , ,,:;, I,j J' II l:'I~il!' :1.1! :t''f ,/.1 Ii , ~ \~,~ fdl(: t,' fir h~'1 r::i\)"':~:" ! ',^CCot'{l1ng lo Lh~ LQI'Il, th~ ,d~~~r~r~;r~ll!i ~ff,\~jnf,1i?/ll",i,! imJllulllty P1'8cludes ~ .31I.lLl' <.:ourL fl'(.l/ll exe'rclsin Il~YJJl.1 dqCJn:i,\ I'"~ liP! ;,I~W! f(U:t-il' ~ 1~~iIlll'!:)i;d avaln!3l a 11Il111ic.:ipalil:y b()(',illlsn of ~2:'(IYV~/(Cllt'i, 'I' l~~ I~' ~'~'Ihi'''i;!i'' ,leglslnlion provides: ;;!:I,!11~hI~ !~ I'J' .!iil'~fi':"',':'\' '11".h\~} lltl'i. ,r~) I) ~ 1'1h,t;, I I~ ~ . , , ~ I. l~'j ,'.j} " i' ,r';vcry p')t'F;nn \111<'1, UI1!'l,.,/' color(lof: any,:! ,'",";",1 !ll.il Lute, n,...lj 11..1111"", 'l'\lI,)l!i Ll on, , custom" II '\~I'l!!'~' pi ,Ii", or usagc', ,..1' /lilY nUll' OL' 'J'erriLOl'yiiorl, 11;1',j-1 I,' \, Lho lJi!Jl1'h:l or C',dU/III.>ia, oubjecte,'!lor', ,Ii, 1''I''1!, "I' ClIllses l,~ III,' I." iI> J ','r; tl!d, !illY oi t i zell" of ,: 'fI,~ ~ I r.',~ \11' '1~11 / Vile UnJ Ll'(l r,tol,;:') ell' eil,I""L' persol1 with' 'Iti!; \'i' h ;;" I ,Llle ju"J~,!'ljrl.inn Llllll'r.lof to the', }1'I,i/:";Jjk':'l' ' rleprivill.Jol1 ell llll)' rjl}lltu, privJleues,' 1;'III''':'!:''' J /1 ".. th 'Ji ' '" " or IIII/lurl. I (,"J UC2r.:lJrCu LJY e, I ,II':' J 1 " Cnllstll.UlJorl ill\01 1'""5, ,,111111 be liable ":/1' '!'''''~';' lei tile /,Cilly illjlll'ed ill illl action at"I:{':""",,, J~IW, Ullit In o'!(JUlly, nc other proper't'!;")!';1:t i'['Qceed i 11') (,'" 1',:,dll",,,,~, For the ,,;'/: ,;~/ IJ',IC'por;eu ()r Lll1 Fi ~;~r:t.,i (JI', , any Act:. 'of !.\I'I' 1\; C''>lI\1r~f.l!J "1"1"1 ;(;,'<1,1" n>:(;)u>;Jvr;)y to tho,"" ,( UluLrJcL or (:,'.1 "'OI!),i ,., F;I'fI.ll be considerec] );..",; lr.l be ,', fit 111",1(, (>1 [,1"" DiGtri~t :iof ,; :J,i Cl.) L Llll1b j il , '~IJ: 'J. j 'j 'j" . ~,I i ; ,/', ! I.' ~ . i " . 1~'" " Thn t.m,n (';onl'"Ilc1,J ll!iIL 1111: :;I"I,~ (,1'jol COllet 'dOBEJ:'not .JHlVL1 f~',' . f , ,:" 'I: ': I ' Bubjet:r, /11,11,[,,1' juri"dkl i,,,, r.','"r r;j\',i] dgllls Clc;:tlons." lIoweveL' i 1'1 '>,.;j_.;".,:(" il,.: ~" Lilt, """,,', Jf;"1J1) ill flLv of HivierU,T:6ch v.!, , ,.:U.'.'1 I:l::"~r.r,' I '. j ''','', !~!,HJ:=.Y.ilJ, 5?2 So.2cJ 057 (11,1, ,1 t:h DC^ 1987)', l'~V, . d,l.~!~Ill~l, . '.. /: I~V\'I i' . It :rl',I"I\ __/1'" ,~,,1. l!ilLslS?J.1,..-'!, Lilnql~Vl,ll, ~,.16 ~;',),?d ),'/3 (~')1;1, 19,1,~~'iianl~iilMittl..i*,f;i,1l\~k:~, ';,. 1.!i,1L till! trilll. courL Ilc1<.1 :,'ubj'.'<.:L Il1illl.er ,:)~,ri,I?~,t.~,lJq~ . ,K'nH:>~..4,?:" u. s, C, /31903 actiol1ll, _1::,<.',".:_' III r.ll') (;Olllli'r~rll ~'ut,'~'~~i~g~k~l jfl'~'k':~!"t!I" -....--.. -'_...........,.. ""'1"'''''1,1, , ,11'\'1' ': ~LJ'!..!,lltl'r Jlaven, 505 SC1,I.cJ '109 (1'10. 2c1 PC~~1:i9P7,t'Ji:'1 ' : 11~:')!lil! '" " '~I""",~I,~ 't' " Il'~" I 1\., a, ", ~ l " , Wr, rojact till) \.O"n'f; /",Hl1l1pe, pp: 'i.,~~"v. De' . lt~~,~:ll' ," ," "11,,~ I"!'{,.... ,11, !i~"1 ~l1re0c.:LJonll, Sl):So.2rJ U~ (','lll, 19(17) , ~e::,~t~"H' ';117~le"~ffi" t ~j ~!Atn;f'lr:":l ',i " ." . ). t \f ,1:1'1 ;1,/ "I.!> I .. iii, I' IJ~" ~,',', '1'!J/,1, ' !'~,) f:i;'!:':" ' ,I 1.1~; ') 1,; I -; I . , d "II)." '" ",., .',- l ,,~ ~'~""'~'l lii/ltl.'1 , I ~ 1 , ' I 1:'11 . '"1 I' '.~ ~" I :' ""I" It, 1,0''' " , hroll\jhl I c1~'pI'Jvation of Ids; rlvl1l:.J Ilnlenamel\tD, .,' " ,I: I ~ I Lh is C,,,,1.' t !J(ld'l!ssed " I)' <,I "I :t. I ~ i J,I',''l''J'~, So.2d 7U6 (PIa; .2d DC^ lUny), $\Hvic()s of City of ...... ". '. J':i 1:' . t', "I L,Ed,2d 6l1~(1970), IIEVSIWElJ AlII} 1\I';{'IAHIJ1:.'Li, " /1 i/ " , GL1Cf;ST8HI end C;AI<I<I;'I"/', ,J,'" '(;()nl~Ul'. '. -1- ; :li, . i ;'_~. ' . .:;':'/'; 't' '.'1,' I'"~ " , '.' ~ ' " ,I 1 . ,I;, ! , , , i,i"! ' ! ".:;:'1 "I ~ ;.' "Ii:: il 'I' 'j ):":" "', ;, ,,:\ t. l,i:- ,,~.': ):' 1"";'.; 1\;:',': 'i),': I:: : ,1',\. 'I :j" ',,- il i.:; II~ I, ( I SI ' 1. .; IlfbfJ'i i~\ /1: I ~rl'-I"II!! 'j.,)', :' ! I !I~I" ;,,11 ~,jl" ,I:I'} 'I', I p ~I ~,f" 'I I ,f , "",),( " ,!,o,' ,,1(\/1; II i1 I';" .." : i :f ,1,):'/; :, .rl( '!':fj';;/l ~'IIII 'ftl;~ II f.'r!J, 41'1':,:1 '" '- ;;t ,fit ','.', '1' r. . '( .'," I I 'JI ~j 11" I. f' h, If' Itl'l" ' ',/1,: !/ t~J " nil . ',,' 1",1," I" ," ,~ 'I., ~Alt I d !'! 01 '~~"l~ d' , ~ll: ' . ~ '}I "~ '1,. ~ \ ,,'I\i 'I,' !<;-!,fl ',,',,;,: !~ Iii: .,J~, II "'J \, "'II' , ,. '~, 1 '~ro!l' ., '~l t' 't ;1 J 'I ," I l':'l rl~' :i,1 :.; ',to 1;, t J! Mi~'~I~'rli: ' ;1':' ~ I I,) II. . ;" 'I . ~'I ! 'll r I ' ' ", 'l''' t II ' ~'II ::: ~~~ :, il i!a:?llil :!111:I"~ ~1:1'1 !~f~, '11;lil,: :;', f ''''Ir~ I. J,m~n ~ ? ~ ~' )'!l' t \. , Irl~~lhl ' 111 ~)ljl'll'\' ''''J~:; "[llr,'~I:'1 '11: ;I! f':j j"" , t ' ,,' I I,: "il ~: I'll rllll!~ 1'0 ' , ,,' 'f'il',: 1(, 'ii, "1'''1111 r: 11(,,:, Ii 1,1' , oJ j"I(:/ e,/ ':'Ii I:'!I: 'I;' I , f:',:'r', , I'~ ' ; J' U;1/ ,In il~1 J::' l~ I / .' ;, I 'I' \ "I~ ~ll: 1'~L I' fj {"I"" II'fjlr,'II~JJ, ~" 'If- " :0:;11, ; :(1 I:,; cd';' ";\~ Iii I!' 'Iii [I' ii 4:j' :Yl; i 11 hil' I' "\ "/.11< I ., I':J ""/1\ u1/ 'lj!"I{/,1 ,,: 1I"l:/ il!' J; \11 I'~:I l'l/'r)~': I, ' ' ,/'1' 'I" /""1 ,',ll', I I"~ ''''111'1' , ""'ll"'! " ifll',:''i I!)//I<I/I.\":;I1;"',,,' ", II " "I I" .III!", ... I.J . \' II , I !If I " I~ \ ' :1; "'ii, i,', <"lit! I'll ,'ill 1:" , ,"Ir l, I:, .,: I, i\: 1 j " ! i ALAN PAGE, IN TIlE CIRCUIT COURT OF THE ., . 151'11 JUDICIAL CIRCUIT, ! IN AND FOn PALM BEACH COUNTY, F;LORIDA. CASE NO: CL 87-3795 AH Plaintiff, vs. ORDER ON DEFENDANT'S MOTION FOR PARTIAL JUDGMENT ON, THE , ' PLEADINGS CARL VALENTINE, et a1., Defendants, I This cause came to be heard on defendant, TOWN OF LA.J<E CLARKE SHORES', motion for partial jUdgment on the pleadings as it pertains to Count I of the amended complaint and the Court having heard argument of counsel and being otherwise duly advised the Court finds as follows: 14 FLW 371 (Fla, 2nd DCA, Feb, 1, 1989) I Florida. 513 SO,2d 129 (Flu, 1987) and Howlett v. Grev, et a1., Pursuant to ilill v, Decartment of Corrections, state of there exists no subject mutter juriSdiction the Court finds that I in State Court to sue a political entity of the State of Florida, be it the State, its agencies, a county , a municipality or an employee! acting in his 1/. or her off~bial capacity for a cause of action brought pursuant to 42 USC Sec. 1983. Florida Statute F.S. 768.28 has not waivsd sovereign immunity for the governmental entities said Statute. Accordingly, it is: encompassed by , I , , , " I complaint, the Court lacks subject matter juriSdiction over the ORDERED AND ADJUDGED that as to Count I of the amended . Town of Lake Clarke Shores and the motion for jUdgment on the , ) ;1. , , ;,1 pleadings is hereby granted, " , Chambers, West Palm .-..-....,., ....... , , , MAY 2 4 t989 :.j' 1'( .. ,') r ' )i, 'I ~each':f~~?!~i~~1 '.' ; ;'1' I].:' ,i'~-.~:~,il";: 'I ,', 'I' /"";1' . , '." "',:, j'<'~ I . , . ,;~ .) j , :! : 1 J; ~ ' ;' L/ ". '!1<i.'" 'I ". ....,,! (",1 i .' , . DONE i;: ., : day AND ORDERED in I of M,ay, 1989. this I~. ~ ~JL~l~] " \.11.,- " JUDGE RICHARO I, WENNtr tJ1JNro /olio DAlEo A TRUE COPY CIRCUIT JUDGE , " ---.- '.. ". " ~'-." .. - f ' . ._ , 'll,~, '~__ ,-!' ' -, ORDER ON DEFENDANTS' MOTION TO DISMIS~ ii:i1"l,i/if'I;, "::rJii'ij;~"f'; , "iLIl;..)"IJI..I:,,;. ' : . " !,~ l J I~I f:!, '\ " ~ /:.; ~I,:t;;l,.. IN TilE CIRCUIT COURT OF TilE FIFTEENT JUDICIAL CIRCUIT, IN AND FOR PALliWi BEACIl COUNTY, FLORIDA. 't'!:;,':M.r.n'(W I'" ""Itl CASE NO, CL 87-3795 All ' ''':::'''';:1, . ,,',,~';~(;J.,fr' ! .! ;,:;I~ _~,' ':t :1' , , ,'.f'j,! ;. : ,,-,1,:Jf!:1':', : '!I' ';fl.;';~.I-' ., : : "j,l;l:/:f.: ," I ,. "'l If, "I ~ ,\;. I ,", I ':.. >1' , ..: ~'\'i'1'{'; ,i '.: ,', 'r;': ~i i, !; " , :, ':;2i!:!' , ' ~':; 'j -,~ i, ,\ " 11"'" ".', '('11 i:l' / ' "J,,!},: ' , ;. .:, J, , :'j.f:" . , ::< .L' ALAN PAGE, " Plaintiff, Vs. . CARL VALENTINE,., et al'., , , Defendants. THIS CAUSE came before the Court on the separate motions of defendants' CARL VALENTINE, DEBORAH MOODY and the TOWN OF LAKE CLARKE SHORES, to dismiss the Amended Complaint of plaintiff, ALAN PAGE. Tho Court, having heard argument of :;', "',;'.1 counsel, reviewed the memoranda and case law submitted by Counsel and being otherwiso fUlly advised in the premises tinds as follows: 1, The against them/tla 42 United States Code 1983 by asserting that derendantn Soak to dismiss this action brought they are protected under the cloak of the State of Florida's Sovereign Immunity. 2. The defendants cito Hill v, "( r 527 F.supp. 1318 (N.D. Fla. 1981), and .Gamble v. Florida Deet..:: - i, .corrections. 513 So.2d 129 (Fla. 1907). - ::~:l~:;:::r 0:. Grahalll, . of Health and Rehabilitative Serv!~, ':1 . J98S);in support?t their position. ,./;.\ .:" 'I"l, ...,'11:",.. that the de!endant~1 ~osition is correct to '.,' "!-, - . neither the bUJ;l!~i.DAl.ity Inor ttlG indi v Iduill 'l,t ,'".' """~i!;. official capac~tilils, are Subject . "I :': . 'I' I!> I' .1 !l'il: ,. , to a 1983 civil rights 779 F.2d 1509 (11th Cir; : ',-)) The Court iso! the bep~F the extent. t'~~~j!;d!i.~i~i . I:: ':) ;fl':WI!::' defendants,!n their '. '1' 'I',j; "'. ac::ticnh, ':; ;/ j":'Jr{',i:: I 'j ').;i:: . . ]~i 1 !-' ';1\:' :,f';l:' I ;.,' ': '.rJ!: 'id ~1 '.'! I 'l"" ;fill ( -(['/ ~ i' 'I , JUL. \ \ \":'~Il ,. , .I' , '. '. .....---- .,.' ,. : "'I"'I~~'~1f'J ", 1"/:1 I" , '. ,I ~ ~~ . , ,!,:::~nf;~f~" 11: i).,~1t!'Ll' t.! 1:(1":' ;117 " l' \, ~.~, c 1 ;;;l'ijh~t~,: . i Jt~ j!J.;'1 r t' I 1'>':;:1 . ",:i:i:'I'i:':'11'f!j,'::/ I ~'I' " :, ' i ': ' , : i' . ;,; q",,? . ., . , , ':, ' oj 'I,."" '" ' "'; :," '. " ,Ii 1',1 II I '",", " 1', Howovor" th b Co,"t i. in , qO'ndry boo.d ,"pon '1.thA I ii, ' " , . ',! 'I" :1.' ":. I ' , ""! I' ;111:.'~f i' I!' "', , I" '" '''1'1 ',1 '::' OJ t, O'H Mor~ I,!. oh ,.. '''d.." " F. L. w "',,4th 'CA '::1 'il i 1m,! l' :1::( ~1~~'r~':: ;Ii ~ ~ i!oPini on on R.h"ring " ,F. L. W. "1i1;i!,i~;I~!I, ;i,(A~~i1:Y: ,~1~,~J,: Thb opinion Wo. ""t Oddr....d b,r;'k,Bl~~lfs~t!w:ll " porty' inth.ir "gom.nt, In ""d.q, tho FOO"h 'i.triot'co,"t), . , , ", "'1, "'''''"~'ltJ' .0' APP;.'" ,,,i""d tho jOdg,." r'nd'rod in ""Or o"'~J.,!lii{.i.~;~t::iij.U.' l'I....}\.,.911...j"I., the municip. al. itY.i.a.n~jil!rl'" L /") ,:"1 ''If(l; "\1, dilemma arose because' the Fo~rt.h. ii(:~II'L . '" I' I "~I~I,~,r:,,'d I ,,Dbtriot ..il. to oit. tho 'oprom. Coo,,'. op in ion in"W:,,):,~!.: which apparently would preclUde SUch a reSult, Hill and -Darden 'f ,;, "':,.j;:/',: I ! ',t,) ;;,r .PAGE vs. CASE NO. 'PAGE -2.. , I, VALENTINE 87-3795 AH ::: :. I .' _ ~ ,'I 1'1, ,;i ,'I 1;'"""/,, IJ',,,,' ",,'.!::i>",i',I, ""., ;.I , " ' Ii' , ' , i.;!:! , ,r, " I.', ;J) ,','- ::! i.i ,,,'. " ~' , " " " Plaintiff, a Police Officer, and against ' I I . '., ~ " 'POlice chief.' This Court's " , I ., apPear to be in conflict. ~ollow its next sUperior court, The Fourth District, or to disregard the Dar-de'1 case and lOok directly to the Florida SUPreme Court. ' 4. Thus, the question is whether this Court ,shOUld ,', ,'; District opinion in ~~ so as to allow the District Court of Appeal the rrcjrtunity to review this Order ill light of the Supreme Court.s hOlding in Hill and to recede from Darden, if they think it is appropriate, Accordingly, it is ORDERED AND ADJUDGED that all of the defendants' motions to dismiss are denied and they shall file their i 5. Thi~ Court hOlds that it shOUld follow the Fourth , .' i: . I,: i, ',I. !.: " in 20 days from therdate of this Order. It is further ORDERED and ADJUDGED that the defendants are directed, , (10 answe;-s J,' II , , to bring to this Court's attention ~ny withdrawal by the 'Fourth ~"tWt, C""~r' 0,' ~PP'" Of it, opi oi on io D''', D, 'OP~.! ,', f~l! 'Ooh ~ it~dr~?, oCcuro" th.. Cm,.. wi 11 di.mb th'co~P~l11~;t1l ~.. !~lF" ~h'~rPi~!r" d, f .nd" t 'nd ... i not th. indiy' ~~, t, i!'1'PII/: ~,lf '"~~,nt. ~h; ih:ir 0 "'0 i., o,p," i ti.., but wi 11 lo~r~ ;'~\'I.I~~ l~"~:1 the 1983" cause of action against the individual defendants 'in!. ~fl " ,', I " ,. ,,/. ""I :;1/':;""1 ' , "', , ,', '/' "'Ii IXii their ~ersonal capacities. , II,', 'I';;' I" , " ,,,,,' ""', ,I ! \",~ d! ,. " ' " , "I; " I "r 1 ,:,r;: ,Iii' I : ' illM ! .:' 11/'1 " "Ar;> -',il":l! .:;;t,:1 I ~,l.: I 1,,[ "' ::,:tL l; , , , . ~, ! ;.f;," '-Iii. . - ----- i/',ill:lf::l'),h) ':t *1Nlfit,J:~! 1.;,hl"'~lli'I"'I"': - '; -I,: ,:.. : ~' "v' , 'I ., )i l~J1';I:'{~!:11 .n..r ; :U:.1?, ~l.li .1:,' 111 'J ~::' ; 1../.1 PII'I'. i...~~:I',liJ;!.w ;1': '\11 "~"f' ,:I'~ '.Ii 1'10 '\"1,,,11 ". l"i'I/'lilo"\!j:"I,i\)! I;, 1;.'1'1[;.'1"'1'."1 i'llli,'~,-lt~/ II'I'!I~~ '1"'.';'!l'J,;I';!i:; 'I ::,: ,I;,,';";'; V,',I '1." . ,;' '\'1' ,t,: ","l'j ,',,':"1 I i'l ;Pi'riil;,:i ..... if.:.'. ",', . ", " ,. I 'I" ~ \ " , . ,'PAGE. VB.: VAL.t::NTINE ';"I~~~~1:~~:' ,812U,9r'i5 .AH , j " i' '1"1 I '[. 1 \" I j' ", I '. 'j':~':'" I' !'I'l[1j!!I,lij1'i"i:: , ,':)"",'1,:, , :;I~, .': !~I :1 ; '\, ,;/,11;,:.' ,1 ;',1::'1: ,! 'i '.'j., f I,"'P'~ ':,::.il ),'.r"I.I' I :.' :'::I'.~t:J"'" I , i: " I'" " t: I, ,'" I' : ~ ';.' ,') ,'~ :' I ;' ;J ' I', ,I, .JI'oI,l, ""'~ " I; J",: : ,j,'. ',: ',~' I. ,': ! I: 1,1 J.', .;.-:<;;,;. ',.... 'I" I,' ';":: 'j":'; : 1"1 I DONE ,,' li'l 'I' '! :,} :I'ri. , . I' 'B.each . 'ii', I, ,1:,111, a . :.:, ,". AND ORDERED "I' Florida this County; :' ,. , ' , . '~ I' i' Iii :' ; " ,'.1"', ,i:>T' " -'-...... . ..........-- I ~UL 06 1988 JY~(l1 ~ICHAR. 0 I. WENNaT &\6HUUNll DAltO A TRUE con Copies furnished: . - ,,- - ._.~._,._._-,. in Chambers, at /'-~ fa I day of I ,i) \H'~!~iit~~.'I:i Ij~i;I:': il) : I ;:"~r~W I "l~:" " , , : ,: 1\:)( ;;:p", ~Iir;:i: ,)': " j" , I' , '.,i~; 'rl:\~' ~ f!l,! :. , I 111 i~~~I:' f: ~1t Itr! 1'/' I 'I ,t !~Ii;, l~' I' " !'(.,J{' :!Jll ' 1, )\ ..::~J~ ": ~ I.' 1 Ii. " ii' ,i:fV. I J :1,' . Iri "! . "t:/- A r, I r.. " " t "1'\\ I j ~.' I Palm B~a~h;i,p~lm " ''''''II'''':1'''I''lllr"I;';"" , 19 8 8'.i '. :.:"~' 'I'!,,; nil .lill':,"} , :' , ,. 'I"" lilll ,/:1",:" 'I; ; j '. ':':::':::';';;I;~~ll:jJ':;. 1':/ " , ,; h''''''l~i;j "'", i' '; . , I:};':;'\:' ;;!;,:.', ! '; :I'!I i,I,{' , "'If,' 'I:' ~;I:'! .:' ,: , '.: ' ,:~n'~': West ,j RICHARD I. WeNNET Circuit JUdge Joseph Vassallo, Esq,. 3501 S, Congess Ave" Lake Worth, FL 33461 Bernard Heeke, Esq" 250 Royal Palm Way, Palm Beach, FL ~34aO , Fred Gelston, Esq., P.O. Box 4507, W. Palm Beach, FL 33402,:1 Kenneth P. Carman, Esq., Carman and BeaUChamp, P.A., . , '" 600 W. H+llsboro Blvd" Suite 203, Deerfield Beach, FL3344l " .i"; I!l .'1 'I !.' I,'" I , , 1, I' ~;.' , " . , I:, " ,I );;. , , , ~ : ' ' . I(i: . il, C I T Y COM MIS S ION DOC U MEN TAT I 0 ~ TO: ROBERT A. BAR~~, A~~~ANT CITY MANAGER '~/! FRANK R, SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP ~~J~~'fR~CTOR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF NOVEMBER 14, 1989 CONSIDERATION OF THE FINAL PLAT FOR THE DELRAY BEACH YACHT CLUB DEVELOPMENT PROJECT. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final plat for the Delray Beach Yacht Club Subdivision. This a minor subdivision of two lots order to separate interests during proposed condominium development. which is created in construction of a BACKGROUND: This is a fairly straightforward item. The City Commission previously approved a site plan for the residential portion of the development project on April 25, 1989. There is no significant development associated with the existing Yacht Club portion of the property. The processing of a plat is a requirement of the site plan approval. Please see the Planning and Zoning Board available in the City Manager's Office) of the request. staff report (copies are for a detailed analysis PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board certified the Final Plat on Septem- ber 18, 1989. Placement on the City Commission agenda was delayed until such time that permits from HRS were in hand. Those permits have now been received. RECOMMENDED ACTION: By motion, approval of the Final Plat for the Delray Yacht Club Subdivision. Attachments: Cover sheet from the P&Z Staff Report Reduced copy of the plat 34 ,: " .f ~LHNNING 8 ZONING CITY OF OELRAY BOARD BEACH II '\ MEETING o=lTE: SEPTEMBER 18, 1989 STAFF REPORT AGEI\O=I ITEM: IV, E, ITEM: FINAL PLAT, DELRAY BEACH YACHT CLUB SUBDIVISION lS ii . t~:I;II,I' .., Q',. I ..,-,/,: I,' ::>> AU, 'J ~a,o' I I r Ig i!f{! 10 c.. I / I / I 0," ... . " I 0, I I! ~I';! I .., >- ' , ... " .. - /, @j . " '. --------.--- . . . . GENERAL DATA: OWner.. . . .. .. . .. . .. .. .... .. . .. .. Wm, Montfort Helm, President Yacht Club of Delray Beach, Inc. Agent. . . . . . . . . . . . . . . . . ,.. . . . . . . . . Same as above LOcation.".,.".....,.,..".."Northwest corner of MacFarlane Drive and Ingraham Avenue Property Size"", '"""." ",,4,11 Acres City Land Use Plan,."".""".MF_15 (Multiple Family _ 15u/a) City Zoning""",...,."".".,RM_15 (Multiple-Family Dwelling District) Adjacent Zoning",...... J"... ,North, south and east of the subject property is zoned RM-15, West, across the Intracoastal Waterway, is zoned RM-IO. Existing Land Use"...",.."."Private Yacht Club consisting of 53 boat slips, a clubhouse, a snack bar and a pool area with a bath house and two storage bUildings, Proposed Land Use,.",."""",A 12 unit condominium structure in addition to the existing uses. Water service...................Requires extension of the existing 8" water main, which dead ends at the intersection of MacFarlane Dr, and Miramar Dr, ITEM : IV, E, Sewer Service...................Connection to eXisting 811 sewer main along MacFarlane Dr. .:.:: ::{ :~:.' " ..... ---- Xl 10 -! ~>-0 (f) <( <t r <{ ~ (1, ", o 00::::'. :.0: ULu <(I-~ ~ <( 0 I- SO 2 m ) ,.--- ...... -, ~ u... " , ~ i C'l w .... <( ...J :::> u ...J <( U Lfl Lfl co ..; N CD Cl :..J :..J .:::l -H '" V CD (~ , I (/) .... .:l; ::i .... <( ...J a. t' !~~: ..' . i: ^ , .' 256 '23' _/\ ,.----- '. -~, I~ a ; I r.., " . ,i ,~.. ~ ,'" . , ' , y ..' . . . :..:1\;)"'.... f'.,. . . . . . IJ") :~.'.~'. ~ ;"::. . ,-J)I co " . l...o..J.,' 0 .' ,. ",U'. ('J :<,...~;..". '.I ..... a. "') ;., '. Of u..; ;.~~:." 8 ~I ((: <. r: c..o .~. '" ,,0 .: 'y' . . . r"'J : ...... . z __ 1110 ..... 7)(,~..... '# ~ .. V: . . .... L~ . >('".i27 ;"":0":-;'" ',' j(', .~ .~~....~,' . . ~ tJ . . 1('.. , IS 83'15'38" E I 131.577' ~' c,Vl w '0: QOu vV'l'C( on" 0_ "" lJio " . 1:.... - :"i - ....~ ./Xl ,.: ~[ . ...,- c'Vl : ~tj_. w 03 . a:" 8 <, Vl.. .....Q..- "'1Il ~'" I ,.- ';?,..; .r;' -?; .L wi : :;~~: ....... . a ..... -I ( ': 0 .... N. ..... . ... ~.. 0 ..... ON ..... ?I~ " , ..... I ~[.:l; 5[0 ....0 (/)...J \t'lD - I 140 N 89'5n5" E " wl~ . '" ~I ~I w Cl (:) 'I 11 ',24 ,.;/ :;, ~I "'I (:) CD N ..; N 40' co' ... 'rJh ,V,'C'l N:- CXlQ N en , s 0 0'Cr:: w w c- :;-0 -"1" ... N '" w, I > - I cr 0 w Z w<( . . o : 0:::' . \ ~ <r: 8u.. zU <:t ~ ~ ~. ... , [ITY DF DELAAY BEA[H ~~ ~ 100 ,\JW lor AVENuE LJ~:LRi,'/ g!:.;.Crl ~LQH!CJA 33444 ,107/243-70QO M E M 0 RAN DUM TO: Malcolm T. Bird, City Manager FROM: Elizabeth Arnau, City Clerk SUBJECT: L&A Tests for November 21, 1989 GO Bond Election DATE: November 2, 1989 The State Election Law provides that a municipality may designate the Supervisor of Elections of the County as a representative for the L&A (Logic and Accuracy) testing of the automatic tabulating equipment and as an additional member of the City's Canvassing Board. The L&A Test for the November 21, 1989, General Obligation Bond Election will be conducted at 10:00 A.M., on Monday, November 20, 1989, at the Supervisor of Elections Office, 301 North Olive Avenue, Room 105, West Palm Beach, Florida. The test prior to close of the polls will be held at 6:00 P.M. on Tuesday, November 21, 1989, at the same location, and the final test will be run after the election as soon as all precincts have been processed. The City recently adopted the use of the punch card ballot system for the absentees, and it is recommended that the absentee ballots be counted on election night with the regular ballots. This would give a complete computer count of the voting on one print out. Authorization should also be given for the Supervisor of Elections to assist in the canvassing of the absentee ballots. This procedure for designating the Supervisor of Elections as a representative has been followed for several years and has proven quite satisfactory. This action requires approval by motion of the City Commission. EA/sob THE EFFORT ALWAYS MATTERS NOVEMBER 14, 1989 AGENDA CONSENT AGENDA APPOINTMENT OF REPRESENTATIVE FOR LOGIC AND ACCURACY (L&A) TESTING OF AUTOMATIC TABULATING EQUIPMENT AND CANVASSING BOARD: Consid- er appointment of Jackie Winchester, Supervisor of Elections as repre- sentative for the testing of the automatic tabulating equipment, as an additional member of the City's Canvassing Board, and to assist in the canvassing of the absentee ballots for the General Obligation Bond Election of November 21, 1989. AGENDA REPORT CONSENT AGENDA Item No. By State Law the City may designate the Palm Beach County Supervisor of Elections as a representative for the Logic and Accuracy (L&A) test of automatic election tabulation equipment. The Supervisor may also serve as an additional member of the City's Canvassing Board. In the past the City Commission has appointed Jackie Winchester, Super- visor of Elections for Palm Beach County to represent the City. The automatic tabulating equipment will be tested at 10:00 A.M., November 20, 1989 and the pre-election test will be conducted on Tuesday, Novem- ber 21, 1989. The canvassing of the absentee ballots will begin at 7:00 P.M., November 21, 1989, in the Supervisor of Elections Office in West Palm Beach, Florida. Recommend appointment of Jackie Winchester, Supervisor of Elections for Palm Beach County as representative for the testing of the automatic tabulating equipment, as additional member of the City's Canvassing Board to represent the City in the pre-election test and to assist in the canvassing of the absentee ballots. [ITY DF DElIAY BEA[H '00 \J.W 1,( ;.'.,'/Et\.JUf :JJC:LRAY BEACH ~L()RIDA 33444 407/243-7000 M E M 0 RAN DUM TO: Malcolm T. Bird, City Manager FROM: Elizabeth Arnau, City Clerk SUBJECT: L&A Tests for November 21, 1989 GO Bond Election DATE: November 2, 1989 The State Election Law provides that a municipality may designate the Supervisor of Elections of the County as a representative for the L&A (Logic and Accuracy) testing of the automatic tabulating equipment and as an additional member of the City's Canvassing Board. The L&A Test for the November 21, 1989, General Obligation Bond Election will be conducted at 10:00 A.M., on Monday, November 20, 1989, at the Supervisor of Elections Office, 301 North Olive Avenue, Room 105, West Palm Beach, Florida. The test prior to close of the polls will be held at 6:00 P.M. on Tuesday, November 21, 1989, at the same location, and the final test will be run after the election as soon as all precincts have been processed. The City recently adopted the use of the punch card ballot system for the absentees, and it is recommended that the absentee ballots be counted on election night with the regular ballots. This would give a complete computer count of the voting on one print out. Authorization should also be given for the Supervisor of Elections to assist in the canvassing of the absentee ballots. This procedure for designating the Supervisor of Elections as a representative has been followed for several years and has proven quite satisfactory. This action requires approval by motion of the City Commission. EA/sob THe EFFORT ALWAYS MATTERS [ITY DF DELRAY BEA[H 100.\J I/v, 1~~ AVENUE .XLRJ-\Y BEACH, FLOFlIDA 33444 407/243.7000 FROM: Elizabeth M E M 0 RAN DUM Bicd, City M.n.goc ~~ Arnau, City Clerk ~ TO: Malcolm T. SUBJECT: L&A Tests for November 21, 1989 GO Bond Election DATE: November 2, 1989 The State Election Law provides that a municipality may designate the Supervisor of Elections of the County as a representative for the L&A (Logic and Accuracy) testing of the automatic tabulating equipment and as an additional member of the City's Canvassing Board. The L&A Te st for the November 21, 1989, General ObI iga tion Bond Election will be conducted at 10:00 A.M., on Monday, November 20, 1989, at the Supervisor of Elections Office, 301 North Olive Avenue, Room 105, West Palm Beach, Florida. The test prior to close of the polls will be held at 6:00 P.M. on Tuesday, November 21, 1989, at the same location, and the final test will be run after the election as soon as all precincts have been processed. The City recently adopted the use of the punch card ballot system for the absentees, and it is recommended that the absentee ballots be counted on election night with the regular ballots. This would give a complete computer count of the voting on one print out. Authorization should also be given for the Supervisor of Elections to assist in the canvassing of the absentee ballots. This procedure for designating the Supervisor of Elections as a representative has been followed for several years and has proven quite satisfactory. This action requires approval by motion of the City Commission, 'V~ ~~ C:; 0/1'( ;jY \~ EA/sob THE EFFORT ALWAYS MATTERS 3S NOVEMBER 14, 1989 AGENDA CONSENT AGENDA APPOINTMENT OF REPRESENTATIVE FOR LOGIC AND ACCURACY (L&A) TESTING OF AUTOMATIC TABULATING EQUIPMENT AND CANVASSING BOARD: Consid- er appointment of Jackie Winchester, Supervisor of Elections as repre- sentative for the testing of the automatic tahu1ating equipment, as an additional member of the City's Canvassing Board, and to assist in the canvassing of the absentee ballots for the General Obligation Bond Election of November 21, 1989, AGENDA REPORT CONSENT AGENDA Item No. By State Law the City may designate the Palm Beach County Supervisor of Elections as a representative for the Logic and Accuracy (L&A) test of automatic election tabulation equipment. The Supervisor may also serve as an additional member of the City's Canvassing Board. In the past the City Commission has appointed Jackie Winchester, Super- visor of Elections for Palm Beach County to represent the City. The automatic tabulating equipment will be tested at 10:00 A.M" November 20, 1989 and the pre-election test will be conducted on Tuesday, Novem- ber 21, 1989, The canvassing of the absentee ballots will begin at 7:00 P.M., November 21, 1989, in the Supervisor of Elections Office in West Palm Beach, Florida. Recommend appointment of Jackie Winchester, Supervisor of Elections for Palm Beach County as representative for the testing of the automatic tabulating equi m~nt, as additional member of the Cit 's Canvassing Board to re resent the Cit 1n the re-e ection test and to ass1st 1n the canvassing of the absentee allots. ~ MEMORANDUM TO: Robert A. Barcinski Asst. City Manager/Community Services William H. Greenwood t11J4119,o!z //'1 Director of Public Utilities FROM: SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - NOVEMBER 14, 1989 - BUDGET TRANSFER FROM PROJECT RESERVES DATE: October 27, 1989 Item Before City Commission Request City Commission to approve a budget transfer of $190 350 from prior years Project Reserves Account #441-9111-581-90.41 to the following line items: 7f'lb/Jd!r1 Item No.1 441-5161-536-60.87 - Water Meters - $ 80,000 Item No.2 441-5161-536-64.01 - Water Interconnect 95,000 Item No.3 441-5161-536-60.11 - Land 15,350 Total $190,350 Background Item No. 1 - To fund the purchase of water meters for FY90. City Commission awarded a contract on Bid Number 88-40 with Suns tate Meter and Supply Inc. on May 10, 1988. Item No. 2 - To fund the estimated cost of interconnecting Delray Beach's potable water transmission lines with Boca Raton and Palm Beach County. These projects were funded in FY89 fiscal year and were not completed. Both projects are presently under design. These interconnections are mandatory to supply water to the City of Delray Beach customers in the event of an emergency (i.e.: water treatment plant, booster pump, or water transmission malfunctions) . Item No. property attached 3 - To fund, known as Lot City Attorney's finalize and fully vest title to 21, Block 49 for Well 3N. Refer memo dated October 20, 1989. the to Recommendation Staff recommends the transfer of prior year's funds being disbursed to the necessary FY90 previously stated. Project account Reserves numbers I I . " , , t , i 3~ .~F," .:.... '"v , ",.,:'<',;,J",,;.;":":"";;;-~~;' ~':': i~.':'" [ITY DF DEIR..naIl:A ".,.. . ' " " CITY ATTORNEY'S OFFICE ... ... 310 S,E. III STREET, SUITE 4 DELRA Y SEA 407/243,7090 TELECOPIER 407/27 MEMORANDUM Date: October 20, 1989 To: City Commission Malcolm T. Bird, Interim City Manager From: Herbert W. A. Thiele, City Attorney Subject: Notice of Acquisition by Taking of Lot 21, Block 49 Regarding City of De1ray BElach v. Scurei We are pleased to inform you that the attorneys representing the owners of the property located north of the Utilities Department buildinR' Or! which we have the active water well have agreed to an Order of Taking transferring" title to the property in question to the City of Delray Beach. This receipt of title to the property comes as a result of many years of negotiation and subsequent litigation, and is in accordance with the direction provided ~ the City Commission through litigation discussion and the adoption of the resolution of taking. In order to finalize and fully vest title to the property in the City of De1ray Beach we will now need to deposit in the Registry of the Clerk of the Circuit Court the fair market value of the property at the sum of $15,350.00. This sum must be deposited with the Clerk of the Court prior to November I, 1989 in order to comply with the Court's Order. Your expeditious handlinI?' of this matter would be appreciated. If you would like additional information on this subject, please contact the City Attorney's Office. ~ HT:jw cc: David M. Huddleston, Director of Finance Lee Graham. Risk Management Director ..w~YM!,~IR'!~~i~~11,.~.w!tiiliJ . :i ! , ! l , i " " " I I j I ;1 I 300 West Atlantic Avenue . Delray Beach, Florida 33444,3666 (407) 243,7888 Fax (407) 243,7816 m~''!'1 ~~" · ~" --==:=:=- ~. Delray Beach Police Department CHARLES KILGORE Chief of Police MEMORANDUM TO: Malcolm Bird, Interim City Manager FROM: Richard M. LincOln, Major Acting Chief of Police DATE: November 8, 1989 SUBJECT: LAW ENFORCEMENT ACCREDITATION--FINAL PHASE As we enter the final phase of our law enforcement accreditation, we have concluded our estimate of costs to complete this process. As of today, the Commission on Accreditation for Law Enforcement Agencies, Inc. has reviewed our sample of standards for consideration which will be the final step prior to them providing us a list of fifty (50) assessors. Upon receipt of our selection of four (4), the Team will arrive within thirty (30) days. As a sample of their schedule, we anticipate their arrival on a Saturday when they will meet each other for the first time and discuss strategies. On Sunday they will visit the site (police department) to look at the physical layout and plant and then begin on Monday perusing the standards. A public hearing will be scheduled on Monday evening and as they complete their review of documentation on Tuesday, Wednesday will be spent with interviews of employees. They are scheduled to leave Delray Beach on Thursday. We respectfully request to appropriate $13,784.00 Enforcement Trust Fund and ask approval by you Commission at the next regular Commission Meeting. from the and the Law City The Police Department as a whole is extremely proud of the state of readiness as we await the Accreditation Team. Almost six (6) years of work has gone into the preparation of this project. Upon conclusion, we will be one of the first 20 departments in the state to become accredited. PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER ! ~ : I 31 SUBJECT: LAW ENFORCEMENT ACCREDITATION--FINAL PHASE November 8, 1989 Page 2 Your consideration is greatly appreciated. Respectfully submitted, -?7'-1,;?~ RICHARD M. LINCOLN, MAJOR Acting Chief of Police RML/WHC/gb cc: Chief Kilgore Major Cochrane Captain Henriques - Accreditation Manager 1 ~ 33.15 - 2nd half Accreditation Fee _ 33.57 - Travel - Related Expenses _ (2 nights lodging X 4 = $4~~.~~) (welcome dinner = 44~.~~) (exit dinner = 264.~~) (trip-Albuquerque, N.M. -March = $2,5l4.~~) (trip-pittsburgh, PA -July = 758.~~) (2 trips-Tallahassee, FL-Feb & June = 758.~~) 35.15 - Operating Supplies - (Printing/Copying - $2,75~.~~) (Binders/Booklets - $2,25~.~~) TOTAL: . , r $ 3,65~.~~ $ 5,134.~~ $ 5,~~~.~~ $13,784.~~ 'b'\ 0- \l/\~ [Iry DF DElRAY BEA[H 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 MEMORANDUM TO: Major and City Commission A FROM: ,<<7 Malcolm Bird, Interim City Manager " SUBJECT: "GROSSING UP" OF STAFF CLOTHING ALLOWANCE-POLICE DEPARTMENT DATE: November 10, 1989 At your workshop on November 7th, it was the consensus of the Commission that a gross up should be accomplished with regard to the uniform allowance paid to Captains other than patrol, Majors and the Chief, The discussion at that time indicated that the majority of you felt that since this was not an increase in salary but rather represented the City accepting the tax liability for this uniform supplement, that it was our responsibility as the employer to make this payment, There being no other information to provide from staff and your discussions having already been held, this item has been placed on the consent agenda, , MB:nr ,\ , , , , , " ~ 3<6 T",.... c.....-........n-.- ^111I'^VC' nn^TTCOC' Delray Beach Police Department 300 West Atlantic Avenue (407) 243, 7888 . Delray Beach, Florida 33444,3666 Fax (407) 243,7816 MEMORANDUM m~ CHARLES KILGORI Chle! of POlice TO: Malcolm Bird, Interim City Manager ~ FROM: Charles Kilgore, Chief of Police DATE: October 26, 1989 SUBJECT: "GROSSING UP" OF STAFF CLOTHING ALLOWANCE The recent decision by the City of refusing to "gross up" the clothing allowance checks for staff members of the police department has, it would seem, now become a pUblic issue to be discussed at an upcoming workshop of the City Commission. I have attached for your review a recent survey of eight (8) neighboring law enforcement agencies with clothing allowance amounts and those entitled to clothing and/or cleaning allowances. You will note that Delray Beach simply mirrors the practices of the other agencies listed and is, in fact, at the lower end of the scale in most comparisons. Law enforcement in this area underwent the transition from uniforms to civilian clothing for the majority of staff level officers many years ago in order to project an image both professional and contemporary. Although the clothing allowance amount has been modest, it has provided a salary supplement to those union and non-union officers assigned to qualified positions. I have also attached the cost projections associated with the initial purchase costs for uniforms for staff officers and the similar replacement costs. As you can see, it does not appear to be cost effective nor will it save the City money. It is my opinion that this entire issue has become one of principle rather than of dollars and cents. I have been told by my staff officers that they consider exclusion from the "grossing up" process discriminatory and motivated by their non-union status and that they may investigat~'possible avenues available to remedy this situation. submitted, HARLES KILGORE Chief of Police CK/WHC/gb Attachments cc: Major Cochrane Major Lincoln All Captains All Commissioners PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER t '- r . I 3~ ~ j WEAR UNIFORM OR CIVILIAN ATTIRE .= ." ~ .... ~ c: " 0 '" " 0 '.... c: ... '" c: .....c "-'.c .c .c "'.c ".c '" 0 c: u ... u " .... e u Q, U ,~ U .... e u .... ...'" " '" .... ... .... '" e '" > '" ~- 0 '" 0 " " " '" 0 '" " 0 " ,~ " " ~ "'''' "'''' Q'" -'3 0..'" 0..'" "'''' 3"- CHIEF u (C) C C C C u C U C - C - - - U C U C U (C) - U C C - U C - - U C U C C U U C - u (U) c U C C C C C u C u U C U C C - C C U C U C C C C C C U C C C ASST. CHIEF MAJOR CAPTAIN LT. (other than Patrol) LA. DETECTIVES U = Uniform C = Civilian Attire ( ) = Predominant Attire I , CLOTHING/CLEANING ALLOWANCE SURVEY Hl/25/89 ." - ~ ~ 0 ~ iii 5 0 ,-< c ... u~ ~,!: "",!: ,!: ,!: ~ ,!: ~,!: o~ c u ... u ~ ~ a u 0. u ,-< u "'''' ,.,,,, '" ~ "" ... -< '" a '" > ~ o <lJ '" <lJ '" 0 '" <lJ o <lJ ,-< <lJ "'''' "'''' -'3 0.,,,, 0.,,,, "'''' CLOTHING ALLOWANCE (1 ) Avg* Chief 2"" Ill"" 45" 43" 45" 4"" Staff Ill"" 45" 43" 45" 4"" Uniform Ofc. 76" Sgt. Ill"" 45" Detectives 18" 76" 45" 4"" 45" 4"" 5"" TAXED? No No No No No Yes No Paid by? N/A N/A N/A N/A N/A Empl N/A Grossed up? N/A N/A N/A N/A N/A No N/A CLEANING ALLOWANCE Chief 29" 676 Staff 29" 676 Uniform Ofc. 364 Sgt. 29" 455 2"" 276 275 676 Detectives 29" 364 2"" 676 TAXED No No No Yes No No Yes i Paid by? N/A N/A N/A Empl N/A N/A City E Grossed up? N/A N/A N/A No N/A N/A No ~ Is there a difference in clothing allowance between union & non- (2) union? No Yes No No N/A No No y Amount N/A 24" N/A N/A N/A N/A 7 Is there a difference in cleaning allowance between union & no~~ union? No Yes Yes Yes N/A No No y Amount Ofc. 364 Sgt. N/A 455 2"" 276 N/A N/A 5 (1 ) Civilian attire purchased by City, average cost of $2"" per year. (2 ) All non-union at Palm Beach. I r ; ~ In order to provide uniforms and related equipment for staff officers, the initial cost would be: ~ Person $798.@9 X 7 (staff officers) = $5,586.63 $34@.93 X 7 (staff officers) = $2,386.51 With a subsequent annual replacement cost of: (NOTE: Does not include inflation.) . ~, r t , ; . MEMORANDUM TO: MALCOLM BIRD - INTERIM CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~ SUBJECT: CHANGE ORDER REQUEST FOR BID #89-23 DATE: NOVEMBER 9, 1989 We are requesting a change order for Bid #89-23 in the amount of $1,500 to cover field changes authorized by the Engineering Department, which are necessary to keep the irrigation project moving forward. A pump enclosure, electrical wiring and a slab are needed to be relocated further east in Median #12 to avoid conflicts with a concealed electrical conduit. RECOMMENDATION Staff recommends approval of this change order request. LB:DQ Attachment L/3 A:IrrBid.CC 3q CHANGE ORDER No. 7 Dated In-7n_ , 19 Sq Project No. B:d # 89-23 Funding code 333-4141-572-61,25 Project Name: EAST LINTON BOULEVARD IRRIGATION Owner City of Delray Beach, Florida Contractor: Contract Date: R & D Irrigation, Inc, 4-6-89 To: Richard Ro ckwood, R & D Irrigation You are directed to make the following changes in the subject contract: 1, Field change already in effect, contractor was required to relocate pump station to eliminate conflict with electrical conduit and tree locations. which changes are more specifically described in the attached amended plans, drawings and specifications. The reason for the change is as follows: Conflict with concealed electrical conduit. re and electrical wirin needed to be relocated further east, new slab was needed for pump base. The contract price and contract time shall be adjusted because of the changes as follows: A. Contract Price 1. Contract price prior to this change order: $47,755.00 Page one of two Pages :1 'J f ( f ] CHANGE ORDER No. 2 Project name EAST LINTON IRRIGATION 2. Net increase resulting from this change order: $1,500,00 3. Net decrease resulting from this change order: N/A! 4, Current contract price including this change order: $49,255,00 B, Contract Time 1. Contract time prior to this change order: No change 2. Net increase resulting from this change order: 3. Current contract time including this change order: Accepted for final completion 10-20-89 none CITY OF DELRAY BEACH, FLORIDA, OWNER By: Attest: City Clerk City of Delray Beach Approved as to form: City At torney The above changes are accepted on /0" 021 , 19 81 . I all the provisions of the Contract Document related to Project No. which are not inconsistant with the terms of this change order shall and apply to all work undertaken pursuant to this change order. understand that ~'-ol.3 remain in effect Wi.tness: ~, , ,,/--./.' L-~}~ ),' ';Z:j We" ~v, '.... By: /2;x-P- ;'/L,>I~~~:' ,1... /)L/..-ILL-._() ,. f Title , Contractor ~~ i)1Ut C; A t Contractor Notary Pullli<, St.te of Rorid. ' MI' (o"'million Expjres May 24, 1993 ~~"~.4 Ih.u T,,,~ r.;n fn'Y',1nc", Inc. ./:"" /.:<- Page Two of Two Pages MEMORANDUM -j, Bucqe+- ~orAr)prcval of Ava I/O billty of' Fu neb, RA5pRj ELk C>1 /0 /,3olr jJ TO: Robert A. Barcinski Asst. City Manager/Community Services William H. Greenwood ~1.k?/~z~/~t Director of Public Utilities FROM: SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - NOVEMBER J., 1989 - SYSTEM OF PACKED TOWER AIR SCRUBBERS _ WATER TREATMENT PLANT - FINAL PAYMENT TO ELKINS CONSTRUCTORS, INC. DATE: October 19, 1989 Item Before City Commission Request City Commission to approve Final Payment to Elkins Constructors, Inc. in the amount of $37,108.88 for the completion of the Delray Beach Water Treatment Plant Packed Tower Air Scrubbers. Funding will be taken from #441-5162-536-6;l' . ~ i (0 J;/~l !'N~ ""I ""'-< J. rr - i '7 Backqround All work performed, and/or any and all material and equipment supplied by the contractor has been satisfactorily met. Recommendation Staff recommends that the final payment be made to Constructors, Inc. in the amount of $37,108.88 with the source being #441-5162-536-60.49. Elkins funding 7 40 r~.. .! 1_.,' '_ 'Y", :: :._': ~ ' ;:J,~ \/~,,-~!, . .~. . 0/1:::: ~ , A??!..:C;'" T10i\~ , ','-', .-" ~ .... CE:=17iFlCA"i'"= :;":'7"';. September 1 18, 1989 A;:>;:>~:r:,.:..7IQ,\j .~O___ R SH:::~T OF P:,~iC'C ::,~;:,\tI 7/1 TO 9/15 '9~ PHOJEC7 Delrav Beach WWT? _,_______ ?ROJSCT ,'0 SEf2_470!?~5 CONTRACTOR; F'.lkin.c:; C()nBtr~orSI InG.~__. P.O. Box 2396 Jacksonville, Fl 32203 a;::O:IG.,"\lAL CONTRACT SYM sL 485..,.!l]8.....9.Cl -. CCNi"i;ACi MODIFICATIONS A?::l?GV~D IN PRSI./l0US ;"P?'_:C.:.'7"IQ,'JS: AOO:TICN$ S DEDUCTiONS S J. CONTRAC7 MOClFICA-TIONS ..:.??ROvSiJ THIS PER108 :L:ST CCNT;:::AC:'" .'""C:J;.=I,:.:..TiCN$ NO.S _. --L.__I AGOITlONS S DEDUCTIONS s _3,954.5..3..- ... N;::T CH;"NGE 8Y CON7R";CT MODIFICATIONS (Sum 01 li~.tI 2 30 J1 s, 1,Q'i4,'i3 5. R~l,/lS:0 CONTRACT AMOUNT: (Sur-:-. of Lines 1 &~! . . .. . s 1 ,4Rl ,'i/4 17 6. TO,";L VALUE OF WQ?K j"Q 0,.; iE (Al~:3C"hcd ?~Y:":"lQ", Uru,\>;<.JOwnj : ..J,.,ASJ...,5.2.4....37 7. ?ERC2Ni" ?AOJEC7 CG."1P~E72 lLinQ 6 ~ S;JI, lOOl Q9 %, 8 MA7E::l.r":'L$ ON HAND rLi:linQ A::JChe<1l. , ,s -0- -0- 9 P.':",,7iAL ?,;Y....1E,-.;T UNCELJVE"EO SCUIP~""ENT {Li:ling AtlJCnedl S 10. SUS7CTAL (Sum of Linu 5. a. 91 s l,4Rl ,'i/4 17 11. LESS AMOl.'NT RETAINED l__%l. ,.. TOTAL AMOUNT AE7AlNEO TO iJATE s s ".... ,~.o",,_ 36,975.62 13. A?PI=l.OVEO RET":'INAGE REDUCTION. s _,_.3.1) ,Q7'i .62.... 14. SU87vTAL ILine 10. Line 111. S 1.dAl.E;?d 17 15. LE:S3 .:lREVICUS CE.=iTIFICA',ES reR ?AYMcNT (Item 1~ Irofl"'. ?reviour":"cCiic:l:ion) s ,AAI1..:11C::; 4q 37,108.88 16. CUR?::::,J'i PAY~.1ENT OUE: lOitre.snc:u between Lines 14.& lSl s The undersigned Comrac;or certifies that the Work covered by this application for Payment has been comple!ed in accordance with the Contract Documents, that all amOLJrlts have been paid by him for Work for which previous Certificates for Paymer.tz were issued' and payments received from the Owner, and that the current payment shown herein is now due, i Elkins Constructors, Inc, /fl;)"j//_.:.~;2_// .:...'-~\, 9-18-89 CONTRACTOR BY./ . DATE Barry L. Allred - Presldent I HE.=n:3Y ACKNOWLEDGE THAT THE MATERIAL AND ANO PAYMENT ON SAME IS cue CONTRACTOR. G2/~ c(f~ CH2M HILL. IrJC. LABOR INVOLVeo ON THE ,.:,aovs i;S"TIM..,TE ARe CORREe7 /0 DATE 2- B'1 r - CH2~, Sill , Inc. (or.-sita re?,) n" ca /C.P;/~7~3 ~/- ~/(,.;;.;.. 63(.. -t.?t?,l./7 13,11 ~orH.., 276 1 t ~ 'I '. i il M ARTI:"i LUTHER KI:"iG, JR, NATIONAL CELEBRATION - Jk~UARY 15, 1990 THEME:" LIVING THE DREAJ-!: LET FREEDOM RING " ~/ To: Churches -C~ ' ~%JtA'i-~, d~,0 6-<.:1: 7ifJI..,t~ and, Organizations J U 1 ' 1 From: Board of Directors for Holiday Celebration Martin Luther King,Jr. Nationa1~ ... ..(..', ~ ~ " ,'~' DC i j/,;;, i c/ T 2 6 tony f; I~ ~, lif/lii' - 't. R 'I' 5th ' OFF/I' .1 The 3rd Monday, January 15, 1990, we will mark the National Holiday in Memory to Dr. King. The De1ray Beach Community will celebrate Dr. King's 61st birthday and commemorate his work and dream. It is our goal to bring the community together, all races,and religion, poor and rich and young and old. Again we must recognize our nation's progress and rededicate ourselves to fulfu11ing Dr. King's Dream. One way to accomplish this is to involve our Youth in com- petitive contests where prizes and awards are given. So once again, as in previous years, we direct a plea for your immediate support. We are asking each organization to contribute $50.00. Please make checks payable to Frances J. .Bright Woman's Club. (NO CASH PLEASE) Send to P.O.Box 492,De1ray Beach, Florida, Or Dr. Henrietta Smith Treasurer, 1302 Martin Luther King, Jr. Drive,"W" ,De1ray Beach, Florida 33444. To facilitate banking the Frances J. Bright Woman's Club was appointed by the Board of Directors to serve as the Finance Committee. Please note that a financial report will be given to a contributor showing all monies received and spent. Let us continue to recognize that the non-violent struggle for civil and human rights need our dedication. Sincerely, Addie Hudson,Chairperson Board of Directors for Martin Luther King,Jr. National Holiday Celebration i ~I To: Malcolm T. n 1 ~~ Robert A, Barcins~ F,y,l, JWE f/ -/-',;'q ~ RECE2IVt:O .~, ocr 3 1 89 MA.N,., "\ SER :'~NT -- ' ./ october 26, 1989 Mayor and City Corrrnissioners 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mayor and Corrrnissioners: Happy to advise that the City Narlager Selection Task Force has held an organizational rreeting, minutes of which are enclosed. As indicated, the group is requesting an interim budget of $1000, also, any input or direction you may desire to provids us. Cordially, ,{ ~ '" '4-<.-- -I.'!-<--:J-<' Ken Elling~rth 4;A - r ENGINEERING DEPARTMENT M E M 0 RAN DUM OCl L 4 OJ ,.li:;"I...)I;.\ 7 ,.._n' '1'-' -../ TO: , ' MALCOLM T. BIRD t INTERIM CITY MANAGER THROUGH: 0.FRANK R. SPENCE ?ypIRECTOR DEVELOPMENT SERVICE '-- FROM: "1"(' GATES D. CASTLE, P.E. "I v 'CITY ENGINEER DATE: OCTOBER 20,1989 SUBJECT: CITY HALL EXPANSION The contract for the subject project includes painting the entire building. The colors approved by CAB were Peach Dust and White Shadow. Would it be advisable to present these colors to the City Commissioners for their concurrences? """"'" ,';' J '\ ".:., ., ~ ./ 1/ .'i" ' / I p.c l.Jl" \ v &r ?'-, '!~ . &rJ~, 1~0\ I , <' n:J rJ L.J. I ~Ir r/\ , , << ' 'j' / q,/\ / ../>(~ / 1 ~-' -{\""" r <: r' Dc<' , f'> ")1 GDC:slg - ..,....... ,,-oCe / \0 " .. ... .. ~ 43 MEMORANDUM TO: MALCOLM BIRD - INTERIM CITY MANAGER SUBJECT: DEL-IDA PARK HISTORIC SIGN APPROVAL (/!b FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT DATE: NOVEMBER 9, 1989 Pursuant to Section 162.047 of the Code of Ordinances, we are forwarding the attached sign application for the Del Ida Park Historic Sign for City Commission approval. The new sign is to be erected on City property at the northeast corner of Swinton Avenue and Dixie Blvd. The sign has been approved by the Historic Preservation Board and the Development Services Director. The sign will be located exactly 10 feet from the property line and will be identical to the sign located at NE 2nd Avenue and Dixie Blvd. RECOMMENDATION Staff recommends City Commission approval of the Del Ida sign permit at the requested location. LB:DQ Attachments L!3 A:HisSign.CC " I ,\ J . I I j~ 1~ ~ +I :SIGN APrnUV/1I I" '(':': f' ~f) "')1 T if L;> l...__. ....lll, '__ LIi'lUiI. FllOTJ\GE ---._...___,_ SQ, FT, J1LI.OWEO SQ I"T B! 1"1' r ~ '," ,r , . ,),;, ['JIl.l; _,_, _____ SQ, FT, SIGI'! FfifJ: -,..,...,.,.,q,..._-"...u.,.....___ 'SJn~i IN:;Pf;C run _...,-,-S..'0~'u,......, ___,_ I ! i ~ 1 ~ I , R '. . J 1 i . 3: if) SOD ' ~..__.~-~- .- -'U"~ -: ~--..--"'\ /- - --,I - / ( 1 r - / ' \ - ./ \ ,,- \ '- /' --- - - , I " " " " /2- ~ ~\ ~ + ~SOD f_, .'----. /0 FT S-GG Me k. 'H<om Don-! ~E-7) 70 t.G4D/f'I~ tD~G' o ;z:. SI&.# . --.. ..... -. - .... - IT- I j / ENGINEERING DEPARTMENT M E M 0 RAN DUM TO: MALCOLM T. BIRD INTERIM CITY MANAGER FROM: 'J \, GATES D. CASTLE, P.E. / ~, CITY ENGINEER SUBJECT: DELRAY MALL FENCE DATE: NOVEMBER 6, 1989 - - - - - - - - - - - - - - - - - - - - - - - - Attached is a copy of the Easement Deed required in conjunction with the subject fence. The original Deed is being held in the Engineering Department. The City Attorney has reviewed and approved the Easement Deed (see attached copy of Herb's 10/30 memo), which provides an 8' easement across the east side of the "Tom Jr's" property. Engineering recommends acceptance of the Easement Deed. Attached for processing is an Agenda Request Form for this item. GDC:slg Dl ~~ A\)<t'1 \l~9 /wI" I " .; 1~ [ITY OF DElAAY BEA[H CITY ATTORNEY'S OFFICE -I"" , "11<11 I ", I i I ; 'I I I' \'1 1,1 d/I I' (JI{lll \ ,(11'\,; I, ,- .'-J : - ,'II , , ( I : I' i i: ~, ' ~" ;; c r', _ MEMORANDUM NOV 0 1 Dilt,,; Oc'Cobo::r JO, 1989 ...., ~".... [) " t:.:::~J~E' ,i ,l;1 :.- , -~_.., #.""..,.~ To: Gates Castle, City Engineer From; Herbert Iv,A, Thiele, City Attorney Subject: Review of Easement Deed for Construction of Fence Alonq Tom Jr.'s Rib and Delray Mall This memorandum is in response to your request for d review of 3 proposed ~asement deed for use in erecting a fence along Tom JL 's Rih s.lt.e and the Delray Mall. In that regard, the form of the agreement meets with our approval as to legal sUfficiency and as to form. Has there been a title check made as to the correct record title holder in this matter? If this title question has been resolved this matter should now be scheduled for consideration by the City Commission to accept the easement deed. If you have any questions, please contact the City Attorney's Office. ~' HT:ci Attachment (o~iginal deed) ,,- ~:.":. I .. ~: t J! 1~ ~ EASEMENT DEED THIS INDENTURE, made this IS'" day of k,-'G,\..''":JT ,19Q, by and between Barbara Janus, as Trustee, party of the first part, and the CITY OF DELRAY BEACH, a Florida municipal corporation in Palm Beach County, state of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in Gonsideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its SUccessors and assigns, a right of way and perpetual easement for the purpose of: a Fence Easement with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such Fence under, across, through and upon, over, under or within the fOlloWing described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Attached Exhibit "A" Concomitant and coextensive with this'right is the in the party of the second part, its successors and assigns, egress over and on that portion of land described above, purpose of the easement. That this easement shall be subject only to those easements, restrictions, and reservations of record. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property, Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement. Where the cont~xt of this Easement Deed allows or permits, the same shall include the successors or assign~ of the parties. IN WITNESS WHEREOF, the party to this Easement Deed sets her hand and seal the day and year first above written. further right of ingress and to effect the WITNESS: PARTY OF THE FIRST PART aw.-.. ~ J--r.,~<>." Barbara JanJs, ~s Trustee / L---/ .- ,; STATE OF FLORIDA COUNTY OF b,',,,~-..no\ I HEREBY CERTIFY that on authorized in the State and County personally appeared Barbara Janus, as acknowledged executing the same. this day, before aforesaid to take Trustee well known me, an office aCknOWledgments, to me, and she WITNESS my hand and official seal in the County and State last aforesaid this \~ day of ~"c.~....~ , 1 9~. k.~ .~ .("....~ \ (" (\ \. ~ \ .......1__.ll. Notary Public, State of Florida at Large 5/4/89/3 My Commission Expires: ~"'-"'''- \'\\ \'\'\<-.. Return Inst.runent To: Herbert W.A. Thiele, Esq. 310 S.E. 1st Street Delray Beach, Florida 33483 '- - JAN Us. - - , II'l l'l Q-K,I& ~ lGG.' ~k.va>- - r.?/tv) - --- .3oIZ:"os~ 8'O";!'/'OO" "" , , , ,r;>. z'S,oo I L. 'ZI,S-:S' I ~. 6'- ~' 00' ZS' 1IJ ~ ~ ~ 1flS' ~~ ~~ ( .peLR4Y f3E4C./-I M6U.. ;:7 , to " ..; 0- LOT 'Z ~I ~I I I _-1_ ~5,oO' I -- / 8' FlENCE E'C.SE:MENT (!""OR' ~ OF OEEl-R.6Y ~^r# COt'VST7'<!'UCTION (1'-1.a./NTEN.ANCEi) ,-' 1" = 20' J DESCRIPTION The East 8 Feet of Lot 2, Block 1, of the plat of SILVER TERRACE as recorded In Plat Book 11, Page 61 of the Public Records of Palm Beach County. Florida EXHIBIT "A" O"T~ ORAWN 8" ~ROJl[CT NO. TITL!! FENCE EASEMENT LOT 2 of SILVER TERRACE PLAT MAY 1989 J.A.R. I~"I ~HI;'I; IT 1" = 20' W.R W, ;".WINQ NO. B - 001 CITY OF DELRA Y BEACH. FLORIDA ENGINEERING OE,,^"TMINT C I T Y COM MIS S ION DOC U MEN TAT ION TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER ~//~ FRANK R. SPENCE, DIRECTOR DEVELOP~ENT SERVICES GROUP c:J~J ~U~ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF NOVEMBER 14, 1989 ACCEPTANCE OF A WATER UTILITY EASEMENT DELRAY BAY APARTMENTS DEVELOPMENT PROJECT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of acceptance of an easement from the Crosswinds Condominium Association for the purpose of construction and maintenance of a water main. BACKGROUND: This item involves an easement which is necessary to loop the internal (public) water system being provided in conjuction with the Delray Bay Apartment Development. The loop goes to the City main in Germantown Road by Homewood. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board required the easeme~t as a condition of site plan and plat approval. RECOMMENDED ACTION: By motion, acceptance of the easement and direction to the City Clerk to have it rec~ded. Attachment: copy of the easement REF/DJK#53/CCBAYES.TXT 4ft; / CROSSWINDS OF DELRAY ASSOCIATION, INC. CERTIFICATE OF CORPORATE RESOLUTION I, WAYNE W. HILTY, Secretary of Crosswinds of De1ray Associ- ation, Inc., a Florida non-profit corporation, hereinafter re- ferred to as the "Corporation", hereby certify that the following is a true and correct copy of the resolution adopted at a meeting of the Board of Directors of the Corporation held on Wednesday, October 18, 1989: RESOLVED, that, pursuant to the By-Laws of the Corporation, the appropriate officers of the Corporation shall be and they are authorized and directed to execute, on behalf of the Corporation, that certain Grant of Easement (the "Easement") in favor of the City of De1ray Beach, in order to enable the City to maintain and repair water lines located within the Easement area, and any and all other documents, and to take any and all further action, necessary to implement the terms of the Easement. I FURTHER CERTIFY that this resolution has not been modified or rescinded and is still in full force and effect. I FURTHER CERTIFY that the following are duly elected offi- / , cers of the Corporation: Melvin Hicks President Stanley D. Nichols Wayne W. Hilty Vice President Secretary Lewis Gold Treasurer .; IN WITNESS WHEREOF, I have hereunto set my hand and affixed -f/. /f day the official seal of the Corporation as Secretary, this of October, 1989. ~l~~ CRWassoc.290/Dl-189-R101889 r ' I GRANT OF EASEMENT THIS GRANT OF EASEMENT made this /1~day of October 1989, by CROSSWINDS OF DELRAY ASSOCIATION, INC., a Florida corpo- ration not-for-profit (the "Association") to the CITY OF DELRAY BEACH, FLORIDA (the "City"). WIT N ! ~ ~ E T H: The Association, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration, the receipt and sUfficiency of which is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, a perpetual, non-exclusive easement (the "Easement") in, over, across, upon and through the real property more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"), subject to the fOllowing terms and conditions: 1. This Easement is created for the purpose of City access to the Property, which is owned by the in order to maintain and repair certain water lines been installed within the Easement area. allowing the Association, which have 2. This Easement shall be perpetual and non-exclusive and shall be deemed to be a covenant running with the land which shall be binding upon and inure to the benefit of the successors and assigns of the Association and the City. IN WITNESS WHEREOF, the Association has executed this Ease- ment the day and year first above written. Attest: CROSSWINDS OF DELRAY ASSOCIATION, INC., a Florida corporation not-for-profit 'yo !Jh<<r'~~ S~C~} y , By:~_t2/.. reasurer By: (SEAL) ,'- ACCEPTED BY THE CITY: THE CITY OF DELRAY BEACH, FLORIDA By: Its: THIS INSTRUMENT WAS PREPARED BY: JAY C. ANDERSON, ESQ. 2101 Corporate Boulevard, N.W. Suite 400 Boca Raton, FL 33431 ,... STATE OF FLORIDA ) COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County afore- said to take aknow1edgments, personally appeared Stanley D. Nichols, Wayne W. Hilty and Lewis Gold , Vice President Secretary and Treasurer , respectively, of Crosswinds of Delray Association, Inc., a Florida corporation, not-for- profit, to me known to be the persons described in and who exe- cuted the foregoing instrument, and they acknowledged before me that they executed the same on behalf of said corporation. WITNESS my hand a~official s~~ the County and last aforesaid this /~ day of ~ ,1989. . ~~~ My Commission EXPires:..r-:1t 1;.. 1:01 '/ PUBLIC STATE CF FLO~IO~ ~'~~ H; CO~INISSIO!i C~P. ~nY 11,1992 LOilD,U 1:'RU Ge:IE~"L l:lS. U:/D. State STATE OF FLORIDA ) COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an duly authorized in the State aforesaid and in the County said to take aknowledgments, personally appeared of the City of Delray Beach, to me known to be the person described in and who executed the foregoing instrument, and acknowledged before me that executed the same on behalf of the City of Delray Beach. officer afore- WITNESS my hand and official seal in the County and State last aforesaid this day of , 1989. Notary Public My Commission Expires: ,'~ .' CRWeasmt.277/D1-l89-R101889 t::) ~ ~ ~ ~ ~ ~ ~ ~ l::l 'J t:) r~ I t.NtiIHT 'A' C.C.L. CONSULTANTS INC. ENGINEER$ . Sl.IRVFrOR$ . PI.Ahl'eR$, ofo' po.c, S.w. ~O,,(JN~A! ,PA~Ce, "A" 1\ , ~ ~ ,'" ,~ ~ . '" " Co .v '0 "4 '/9 . ~ N'- 8~ ' 11 ~, ~ I "0' I . ~ € t. ~ C Iv , ,~ ~ . ~ fi !Z P Ni'o'I~'11"E ~.OO' LEGAL DESCRI ?'rION: aoo - ~ -..- , Il ""' ... .--...-.:;,:-1,,,=:::.. 0Cl ..1'......,.. ... ""'_. -. ....,. ana tl. IIoVY\.uQ, ~ "'.. 14G1l -...0 ~ 14G1l "....100 ~....." , _____ ," 50 ~ ,/' ScalI' " ",A 1 ~, C po ASC ptl 5,vJ1,J OS,. 8,C.ll,') C120 ~ , 1'~e ,...,' f'.~' JlA-1 fl. P,(J.8, tAkE N't:).H'~", ".... ~ rL..-______..J ) ~ """H~"", ?I,....' !II ' r, ,~' '''8 ~~ ~~ [~ ~, ~ ~ ~ A PORTION OF PARCEL "A", THE CROSSWINDS PHASE II, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGES 34, 35 AND 36, PUBLIC RECORDS, PALM BEACH COUNTY, FLoRIDA, CITY OF DELRAY BEACH, BEING MORE PARTICULARLY D~RIBED AS FqLLoWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID PARCEL "A"; THENCE SOUTH 69033'51" EAST FOR 119.17 FEETI THENCE NORTH 20024'19" EAST FOR 112.86 FEETI THENCE SOUTH U03"41"'''EAST FOR 160.00 FEET; THENCE NORTH 20024'19" EAST FOR 38.00 FEET. TO THE POINT OF BEGINNING; THENC:E CONTINUE NORTH 20024'19" EAST FOR 71.00 FEET; THENCE SOUTH "0,, ' "" <An 'OR ". 00 PEET, """CE SOUTH ,,0,.. 1S' WES. POR 71. 00 FEETI THENCE NORTH 69035'41" WEST FOR 12.00 FEET TO THE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS, RIGHTS-OF_WAY, RESTRICTIONS AND RESERVATIONS OF RECORD, IF ANy. ~~~HOOUCT:OH' or TII18 S~C1'C" A~e No'r VALlO UHLr~1 't^L~O "ITH AN &M'OSI~O su~vrro~'1 HAL, I. LANOI SHOWN NurON wur N01 AUTRAcno ro~ ~A~ZM~NTS ANO/O~ ~IONTI'or'WAr or ~~CO~O, l. OATA 5HOWN H~R~ON "AS ~OHrlL~O r~OH OTHC~ INST~UHrNT$ ANO OO~I NOT eONITITVTC A 'I~LO IU~V~Y A' SUCH, :VISIOIj, OATE IV ~TION, L~&~!JVCmlrY TII"T TU A1'TACUO UC'l'CN ANO ~&Q"~ 0&'cal'110" II T~UC "NO eO~~CCT TO THI 8111' 0' HV KIIOIl~cOQC ANO ULur ANO /1 HU,.. TNc 1I1NIHUN tlCKNICA~ nANOUOI Ie,' 'O.TH Ir THt rLoalOA ITAT. 10ARO or LANO .uavero.. . " '\ I);) IV ,/4 "'""''''Ol'l''~ ~.."o '.\I~v.vo~ 20'64 'TAT( O. '''O~'OA ISHMAeL s. MOHAMED, PoL.s, _ WI '~H N'I," n "',1), I. I~UI'" 'lfo't \ RESOLUTION NO. 82-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING GOVERNOR MARTINEZ AND THE STATE: LEGISLATURE TO CONSIDER AN ADDITIONAL AMENDMENT TO FLORIDA STATE STATUTE 893.13 (1) RELATIVE TO THE SELLING, PURCHAS ING, MANUFACTURING OR DELIVERING OF A CONTROLLED SUBSTANCE IN, ON OR WITHIN 1,000 FEET OF A PUBLIC OR PRIVATE ELEMENTARY, MIDDLE OR SECONDARY SCHOOL BY INCLUDING IN, ON, OR WITHIN 1,000 FEET OF ALL HOUSES OF WORSHIP AND ALL PUBLIC PARKS WITHIN THE STATE OF FLORIDA AND URGING THE GOVERNOR TO IMPLEMENT THE ADDITIONAL AMENDMENT OF THIS STATUTE IN HIS "DRUG FREE SCHOOL ZONE PROGRAM" . WHEREAS, the recent amendment of F.F.S. 893.13(1) was actively sought by Governor Martinez to significantly enhance the ability to deal with the overwhelming problems that drugs are causing in the State of Florida; and, WHEREAS, the amendment of F.F.S. 893.13(1) establishes that it is unlawful for any person to sell, purchase, manufacture or deliver, or to possess with the intent to sell, purchase, manufacture, or deliver, a controlled substance in, on or wi thin 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school; and, WHEREAS, the amendment of F.F.S. 893.13(1) provides for a minimum mandatory three-year sentence for persons convicted of selling a controlled substance in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school;/ and, WHEREAS, to further protect children of all ages and further' impact the sellers and purchasers of controlled substances, considera- tion of an additional amendment to F.F.S. 893.13(1) is reconlmended to include in, on or wi thin 1,000 feet of all houses of worship and all pUblic parks within the State of Florida; and, WHEREAS, in coordination with the recent amendment of this Statute, Governor Martinez has initiated a "Drug Free School Zone Enforcement Program" in ~'effort to continue the fight against drugs and drug-related crimes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission SUpports the recent amendment to F.F.S. 893.13(1) and has endorsed and authorized the placement of "Drug Free School Zone" signs by the schools located within the boundaries of the City of Delray Beach. Section 2, That the City Commission urges the Governor and the State Legislators to consider an additional amendment to F.P,S. 893,13(1) to include in, on or within 1,000 feet of all houses of worship and all public parks within the State of Florida, Section 3. That the City Commission urges the Governor to consider amending the "Drug Free School Zone Enforcement Program" to include in, on or wi,thin 1,000 feet of all houses of worship and all public parks wi thin the State of Florida and recommends changing the name of the program accordingly. 41 .-.-----.-- ----.--.....-- Section 4. That the City Commission rRquests the City Clerk's Office to send an executed copy of this resolution to Governor Bob Martinez, Representative Ray Liberti, Senator Don Childers and Congressman Harry A. Johnston. of PASSED AND ADOPTED in regular session on this the , 1989. day ATTEST: MAY 0 R City Clerk " .; -2- Res. No. 82-89 , , RESOLUTION NO. 83-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO C?APTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DF:LRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARD!',](; AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE C~~Y OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY TP~ CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE CO~T OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City 0 f Delray Beach, the Building Official or hi s designated representa tive has inspected said land (s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considere~ a hazard to life and public welfare pursuant to Chapter 165, c. ~ i;he Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed wi thin thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, I'lliEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of pursuant to Chapter 165, of the Code of Ordinances desires cost of said co~dition against said property owner(s). Delray Beach, to assess the NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: tfK , Section 1. That assessments in the amount of Sl.511.40 One thousand five hundred eleven and 40/100 dollars as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the Subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. of PASSED AND ADOPTED in regular session on this the 14th 7\TnuQn"ihoY' , 1989. day ATTEST: MAY 0 R City Clerk " - 2 - , Res. No. 83-8~ I NOTICE OF ASSESSMENT ~~~.. ~,,,,I /~ /~"f Date TO: Elijah Felix Delancy, Jr., Julia Delancy, Rachel Delancy, Francis Delancy ADDRESS: 470 Deka1b Avenue, Brooklyn, NY 11205 146 SW 4th Avenue, De1ray Beach, FL 33444 PROPERTY: LEGAL DESCRIPTION: N! of E! of Lot 16, Block 3D, Town of De1ray, according c to Plat Book I, Page 3 of the official records of Palm Beach County, Fl You, as the record owner of, or holder of an interest in the above- described property are hereby advised that a cost of $1,511.&0 by resolution of the City Commission of the City of De1ray Beach, Florida, dated ~~ I~., I ~ ,1989, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 6-8-89 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City, x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time, You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Building Official. An emergency action was undertaken at the above described property to remove an unsafe condition. An appeal was not received 30 days after the action was taken although you may still have an appeal right as to the cost of the action, The City of De1ray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 10-12-89 at a cost of $1,511.40 which includes a ten percent (107.) administrative fee, If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the Building Official, BY ORDER OF THE CITY COMMISSION, ~~.. L.. ,7 J> a--t-r, ~-<- City Clerk , ~ I RESOLUTION NO. 84-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESS ING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or ~i~ designated representative has, pursuant to Chapter 165, of the C00e 0= nrdinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-I , I ~nances; and, . WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land (s) and has determined that an, unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances, describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or' , demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained wi thin Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the' Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of De1ray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ , , ! Section 1. That assessments in the amount of $1 ~lR 10 , One thousand five hundred eighteen and 10/100 dollars' as shown by, the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount (s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165,42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an asseS$- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the of November , 1989. 14th day MAY 0 R ATTEST: City Clerk - 2 - Res. No. 84-89 NOTICE OF ASSESSMENT ~. t"~" /fJ'~ Date ADDRESS: Roseanne M. and Robert L, Hall Charles Jones and Roseanna Jones 708 SW 2nd Terrace, De1ray Beach, FL 33444 TO: PROPERTY: 708 SW 2nd Terrace, De1ray Beach, FL 33444 LEGAL DESCRIPTION: Lot 23, Carver Square according to Plat Book 24, Page , 1 nf t-ho nffi....;~l ..-Q....n....~C! nF p~,", 'Ro.<:>,..'h r....,l....t-:T. 1<'1 You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $1,518.10 by resolution of the City Commission of the City of De1ray Beach, Florida, dated ~~. Ie,} I ~ ,1989, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 6-28-89 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals, You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time, You failed to take the action as required by the order of the Board of Construction Appeals, You appealed the decision of the Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Building Official, An emergency action was undertaken at the above described property to remove an unsafe condition, An appeal was not received 30 days after the action was taken although you may still have an appeal right as to the cost of the action. The City of De1ray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 9-30-89 at a cost of $1 'lR In which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the Building Official, BY ORDER OF THE CITY COMMISSION, ~..L;; A '.L.,'"7 4-4-'.1 h City Clerk , RESOLUTION NO. 85-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESS ING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes ad()pted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, o~ the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did ~urnish the respective owner (s) of the land (s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed wi thin thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the Ci ty o~ De lray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of De1ray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of pursuant to Chapter 165, of the Code of Ordinances desires cost of said condition against said property owner(s). Delray Beach, to assess the NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: so NOTICE OF ASSESSMENT ~. /~/~P" Date TO: Osborne and Annie Martin ADDRESS: 338 NW 4th Avenue, De1ray Beach, F1 33444 PROPERTY: 338 NW 4th Avenue, De1ray Beach, F1 33444 LEGAL DESCRIPTION: Lot II, Block 25, Town of De1ray according to Plat Book 5, Page 2 of the official records of Palm Beach County, Fl : You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $726.00 by resolution of the City Commission of the City of De1ray Beach, Florida, dated ~ J V , 1989, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property, You were given notice on 9-22-89 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal, You have also failed to take the corrective action required by the notice of the Building Official. I . You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time, You failed to take the action as required by the order of the Board of Construction Appeals, You appealed the decision of the Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Building Official. x An emergency action was undertaken at the above described property to remove an unsafe condition, An appeal was not received 30 days after the action was taken although you may still have an appeal right as to the cost of the action. The City of De1ray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 10-]7-89 at a cost of $726.00 which includes a ten percent (107.) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION, ~'J"L."7'. c?~Jh City Clerk , ----------.-- .-- - ___________'._..n_, Section 1. That assessments in the amount of $726.00 Seven hundred twentv six and no/lOO dollars as shown ~~ the report of the City Manager of the City of Delray a copy of which lS; attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within. thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the of November ,1989. 14th day MAY 0 R ATTEST: City Clerk - 2 - I I Res. No. 85-8~ RESOLUTION NO. 86-89 A RESOLUTION OF THE CITY CO~rnISSION OF THE CITY OF DEL RAY 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 wi thin 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, I :, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land (.s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City 0 f De lray 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), ~I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and 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 Reach 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 has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment (s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the , 1989. day of MAY 0 R ATTEST: City Clerk - 2 - Res. No. 86-89 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION LOT 11, SUB. OF N 1/2 OF SE 1/4 OF SE 1/4 OF SW 1/4 OF UNREC., SEC. 17-46-43, PUBLIC RECORDS, PALM BEACH COUNTY,FL (921 S.W. 3RD COURT) LOT 7, BLOCK 4, CHATELAINE NO. 1, PB 29, P 95, PUBLIC RECORDS PALM BEACH COUNTY, FL (3530 BOULEVARD CHATELAINE) S45' OF LOT 19, BLOCK 1, PINECREST SUB., DELRAY, PB 14, P 46, PUBLIC RECORDS, PALM BEACH COUNTY, FL (123 N.W. 12TH AVENUE) LOT 14, SUB. OF N 1/2 OF SE 1/4 OF SE 1/4 OF SW 1/4 UNREC. SEC. 17-46-43, PUBLIC RECORDS PALM BEACH COUNTY, FL (907 S.W. 3RD COURT) S25' OF N135' OF W35' OF E135' OF BLOCK 21, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 5TH AVENUE) LOT 11, BLOCK 19, TOWN OF DELRAY, PB 11, P 73, PUBLIC RECORDS, PALM BEACH COUNTY,FL (N.W. 6TH AVENUE) LOT 12, BLOCK 19, TOWN OF DELRAY, PB 11, P 73, PUBLIC RECORDS, PALM BEACH COUNTY,FL (N.W. 6TH AVENUE) S5' OF LOT 1, BLOCK 30, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 5TH AVENUE) N7l.5' OF LOT 2, BLOCK 30, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 5TH AVENUE) LOT 15, BLOCK 46, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 2ND AVENUE) LOT 35 (LESS S25') & LOT 36, BLOCK 8, OSCEOLA PARK, PB 3, P 2, PUBLIC RECORDS, PALM BEACH COUNTY, FL (705 S.E. 2ND AVENUE) LOT A, BLOCK 2, BELAIR HGTS, DELRAY, PB 20, P 45, PUBLIC RECORDS, PALM BEACH COUNTY,FL (WEST ATLANTIC AVENUE) OWNER SAINVILCA & MARIE Y. BRUNY (HUSBAND & WIFE) 921 S.W. 3RD COURT DELRAY BEACH, FL 33444 HIGINIO GAGa 2826 NORTH DIXIE HWY BOCA RATON,FL 33431-6844 JAMES & SYLVIA CAMPBELL (HUSBAND & WIFE) 4250 S.W. 21ST STREET HOLLYWOOD, FL 33023 LAVERND WHITEST BARBARA A. HENDLEY 907 S.W. 3RD COURT DELRAY BEACH, FL 33444 GREAT SOUTHERN P.O. BOX 15262 WEST PALM BCH, FL 33416 LILLIAN ROLLE 137 N.W. 6TH AVENUE DELRAY BEACH, FL 33444 LILLIAN ROLLE 137 N.W. 6TH AVENUE DELRAY BEACH, FL 33444 SYLVIA SCHUPLER TRUST 3101 WASHINGTON ROAD WEST PALM BCH, FL 33405 SYLVIA SCHUPLER TRUST 3101 WASHINGTON ROAD WEST PALM BCH, FL 33405 STRAGHN ENTERPRISES OF DELRAY, INC. 26 S.W. 5TH AVENUE DELRAY BEACH, FL 33444 JOHN CUNNINGHAM 705 S.E. 2ND AVENUE DELRAY BEACH, FL 33483 JOHN ANDREWS P.O. BOX 1141 DELRAY BEACH, FL 33447 -3- ASSESSMENT $ 50.00 50.00 (ADM. COST) (RECORDING) $ 45.00 50.00 (ADM. COST) (RECORDING) $ 45.00 50.00 (ADM. COST) (RECORDING) $ 45.00 50.00 (ADM. COST) (RECORDING) $ 48.00 50.00 (ADM. COST) (RECORDING) $ 25.00 25.00 (ADM. COST) (RECORDING) $ 25.00 25.00 (ADM. COST) (RECORDING) $ 27.50 25.00 (ADM. COST) (RECORDING) $ 27.50 25.00 (ADM. COST) (RECORDING) $ 45.00 50.00 (ADM. COST) (RECORDING) $ 60.00 50.00 (ADM. COST) (RECORDING) $ 32.50 25.00 (ADM. COST) (RECORDING) Res. No. 86-89 WSO' OF E300' OF S130' OF N145' OF LOT 9/LESS R/W SR 806, SUB. 17-46-43, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (WEST ATLANTIC AVENUE) LOT 5, BLOCK A, WEST SIDE HEIGHTS, DELRAY, PB 13, P 61, PUBLIC RECORDS, PALM BEACH COUNTY, FL (129 N.W. 10TH AVENUE) LOT 29, BLOCK 3, DELRAY SHORES, PB 24, P 33, PUBLIC RECORDS, PALM BEACH COUNTY,FL (3425 DORSON WAY) LOT 19, BLOCK 10, ATLANTIC GARDENS, DELRAY, PB 14, P 63, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 10TH AVENUE) S50' OF N150' OF E135' OF BLOCK 13, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (14 S.W. 6TH AVENUE) S 1/2 OF LOT 5, BLOCK 30, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 5TH AVENUE) S43.25' OF LOT 3, BLOCK 30, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (117 S.W. 5TH AVENUE) S30' OF LOT 6, BLOCK 28, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY,FL (N.W. 5TH AVENUE) LOT 11, BLOCK 3, DELRAY SHORES, PB 24, P 233, PUBLIC RECORDS, PALM BEACH COUNTY,FL (10 S.E. ANGLER DRIVE) N65' OF LOT 6 & N65' OF S8S.04' OF LOT 7, BLOCK D, SUNNY ACRES, PB 21, P 63, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1212 GERMANTOWN ROAD) LOT 16, NICHOL'S 1ST ADDITION TO DELRAY BEACH, PB 21, P 69, PUBILC RECORDS, PALM BEACH COUNTY, FL (704 SOUTH SWINTON AVENUE) S60' OF N140.6' OF BLOCK 56, TOWN OF DELRAY, PB 20, P 55, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 2ND AVENUE) JOHN ANDREWS P.O. BOX 1141 DELRAY BEACH, FL 33447 HARRY B. & CAROLYN J. HAGWOOD (HUSBAND & WIFE) 502 S.W. 6TH AVENUE DELRAY BEACH, FL 33444 YVONNE RAMEAU P.O. BOX 3102 DELRAY BEACH, FL 33447 EVELYN CLINTON 111 N.E. 16TH AVENUE BOYNTON BEACH, FL 33435 SHULER'S MEMORIAL CHAPEL INC. 118 S.W. 11TH AVENUE DELRAY BEACH, FL 33444 ETHEL J. MACKEY % SHIRLEY M. WALLACE 1120 N.W. 64TH STREET MIAMI, FL 33150 STRAGHN ENTERPRISES OF DELRAY, INC. 26 S.W. 5TH AVENUE DELRAY BEACH, FL 33444 LEONARD DAVIS % GENERAL DELIVERY V.A. BRANCH P.O. LOS ANGELES, CA 90073 BEATRICE LYN BAFUMO R.J. BAFUMO, EST. 10 S.E. ANGLER DRIVE DELRAY BEACH, FL 33445 DAVID C. & FELICE P. LEDBETTER (HUSBAND/WIFE) 760 N.W. 7TH STREET DELRAY BEACH, FL 33444 FRANCK & ELNA FRANCOIS (HUSBAND AND WIFE) 1351 S.W. 27TH PLACE BOYNTON BEACH, FL 33435 LILLIAN MUNNINGS 303 S.W. 2ND AVENUE DELRAY BEACH, FL 33444 -4- $ 32.50 25.00 (ADM. COST) (RECORDING) $ 50.00 50.00 (ADM. COST) (RECORDING) $ 50.00 50.00 (ADM. COST) (RECORDING) $ 35.00 50.00 (ADM. COST) (RECORDING) $ 40.00 50.00 (ADM. COST) (RECORDING) $ 45.00 50.00 (ADM. COST) (RECORDING) $ 45.00 50.00 (ADM. COST) (RECORDING) $ 40.00 50.00 (ADM. COST) (RECORDING) $ 40.00 50.00 (ADM. COST) (RECORDING) $ 55.00 50.00 (ADM. COST) (RECORDING) $ 50.00 50.00 (ADM. COST) (RECORDING) $ 65.00 50.00 (ADM. COST) (RECORDING) Res. No. 86-89 LOT 6, BLOCK 23, TOWN OF DELRAY, PB 10, P 69, PUBLIC RECORDS, PALM BEACH COUNTY,FL (220-222 S.W. 5TH AVENUE) S77.5' OF LOT 6 & S23.04' OF LOT 7, BLOCK D, SUNNY ACRES, PB 21, P 63, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1216 GERMANTOWN ROAD) S33' OF LOT 5 & N22.5' OF LOT 6, BLOCK 74, TOWN OF DELRAY, PB 11, P 12, PUBLIC RECORDS, PALM BEACH COUNTY, FL (227 N.E. 1ST AVENUE) N50' OF S250' OF E145' OF LOT 9, SUB. OF SEC. 17-46-43, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (38 S.W. 8TH AVENUE) LOT 28, CARVER SQUARE, PB 24, P 11, PUBLIC RECORDS, PALM BEACH COUNTY, FL (709 S.W. 3RD STREET) S50' OF E135' OF BLOCK 13, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (SW 6TH AVE. & SW 1ST ST) LOT 14, BLOCK B, CARVER MEMORIAL PARK SUB., PB 20, P 56, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 3RD ST. & NW 14TH AVE.) LOT 1, PARADISE HEIGHTS, PB 24, P 113, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 6TH AVE. & NW 3RD ST) LOT 2, PARADISE HEIGHTS, PB 24, P 113, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 6TH AVE. & NW 3RD ST.) N30' OF E135' OF BLOCK 10, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 6TH AVE. & NW 3RD ST.) LOT 20, BLOCK 103, TOWN OF DELRAY, PB 2, P 19, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.E. 4TH AVENUE) LOT 21, BLOCK 103, TOWN OF DELRAY, PB 2, P 19, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.E. 4TH AVENUE) LOT 22, BLOCK 103, TOWN OF DELRAY, PB 2, P 19, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.E. 4TH AVENUE) MARY BOLDEN ESTATE 229 S.W. 6TH AVENUE DELRAY BEACH, FL 33444 DAVID C. & FELICE P. LEDBETTER (HUSBAND & WIFE) 760 N.W. 7TH STREET DELRAY BEACH, FL 33444 JOHN T. LOUNSBURY, RICHARD & DONNA L. LOUNSBURY 8284 SE PRINCESS TREE RD HOBE SOUND, FL 33455 LESTER HUMPHREY, MATTIE HUMPHREY & INEZ BLOUNT 40 S.W. 8TH AVENUE DELRAY BEACH, FL 33444 ROSE A. DAVIS MAREL EDGECOMBE 709 S.E. 3RD STREET DELRAY BEACH, FL 33444 DAISY BELL MANNING 48 S.W. 6TH AVENUE DELRAY BEACH, FL 33444 RUFUS NORMAN ESTATE % C. NORMAN 1720 N.W. 8TH STREET MIAMI, FL 33147 CHARLENE G. PATRICK P.O. BOX 97841 RALEIGH, NC 27624 CHARLENE G. PATRICK P.O. BOX 97841 RALEIGH, NC 27624 JAMES & BERNICE IVY (HUSBAND AND WIFE) 510 E. 28TH STREET PATTERSON, NJ 07514 SAM PUGLIESE, R.PUGLIESE PAULETTE A. STEFANKO ET AL, TRS. 7699 N.E. 8TH COURT BOCA RATON, FL 33487 SAM PUGLIESE, R.PUGLIESE PAULETTE A. STEFANKO ET AL, TRS. 7699 N.E. 8TH COURT BOCA RATON, FL 33487 SAM PUGLIESE, R.PUGLIESE PAULETTE A. STEFANKO ET AL, TRS. 7699 N.E. 8TH COURT BOCA RATON, FL 33487 -5- $ 65. 00 50.00 (ADM. COST) (RECORDING) $ 55.00 50.00 (ADM. COST) (RECORDING) $ 55.00 50.00 (ADM. COST) (RECORDING) $ 40.00 50.00 (ADM. COST) (RECORDING) $ 50.00 50.00 (ADM. COST) (RECORDING) $ 10.00 50.00 (ADM. COST) (RECORDING) $ 65.00 50.00 (ADM. COST) (RECORDING) $ 32.50 25.00 (ADM. COST) (RECORDING) $ 32.50 25.00 (ADM. COST) (RECORDING) $ 45.00 50.00 (ADM. COST) (RECORDING) $ 16.68 16.68 (ADM. COST) (RECORDING) $ 16.66 16.66 (ADM. COST) (RECORDING) $ 16.66 16.66 (ADM. COST) (RECORDING) Res. No. 86-89 LOT 1, BLOCK 23, TOWN OF DELRAY, PB 10, P 69, PUBLIC RECORDS, PALM BEACH COUNTY,FL (202 S.W. 5TH AVENUE) LOTS 1 TO 3 INC., & S 1/2 OF EllO' OF ABNDED 20' ALLEY LYG N & ADJ THERETO, BLOCK 1, DELRAY BEACH HEIGHTS EXTENSION SECTION A, PB 26, P 83, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1601 S.W. 10TH STREET) N50' OF S356.4' OF E135' OF BLOCK 24, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (322 S.W. 5TH AVENUE) LOT 2, BLOCK 1, ROSEMONT PARK, DELRAY, PB 13, P 60, PUBLIC RECORDS, PALM BEACH COUNTY, FL (605 S.W. 5TH AVENUE) LOTS 11, 12, 13 & 14, BLOCK 3, ROSEMONT PARK, DELRAY, PB 13, P 60, PUBLIC RECORDS, PALM BEACH COUNTY, FL (641 S.W. 6TH AVENUE) S50' OF N208' OF W 1/2 OF E 1/2 OF N 1/2 OF LOT l/LESS E25' RD R/W, SUB. OF SECTION 20-46-43, PB 28, P 68, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 5TH AVENUE) LOT 15, BLOCK B, RIDGEWOOD HEIGHTS, DELRAY, PB 14, P 44, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 8TH AVENUE) LOT 4, BLOCK 1, COLONIAL HEIGHTS, PB 26, P 69, PUBLIC RECORDS, PALM BEACH COUNTY,FL (707 S.W. 8TH COURT) W76' OF ElOl' OF N120' OF S140' OF E 1/2 OF S 1/2, BLOCK 4, TOWN OF DEL RAY , PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 7TH AVE. & W.ATLANTIC AVE) LOT 5, BELLEHAVEN UNIT A, PB 26, P 164, PUBLIC RECORDS, PALM BEACH COUNTY, FL (316 S.W. 11TH AVENUE) LOT 3, BLOCK 47, TOWN OF DELRAY, PB 12, P 81, PUBLIC RECORDS, PALM BEACH COUNTY,FL (206 S.W. 2ND AVENUE) LOT 1, BLOCK C, RIDGEWOOD HEIGHTS, DELRAY, PB 14, P 44, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 8TH AVENUE) JOHN PATMAN JAMES PATMAN 82 N.W. 5TH AVE.,#15 DELRAY BCH,FL 33444-2676 GIUETTO ENTERPRISES INC. % ROCCO BENEDETTO P.O. BOX 76065 OCALA, FL 32676 ADELENE JENKINS 245 S.W. 12TH AVENUE DELRAY BEACH, FL 33444 FRANCINE CLINTON 1501 N.W. 1ST STREET BOYNTON BEACH, FL 33435-2602 VERNON VARIANCE IVAL STIRRUP 641 S.W. 6TH AVENUE DELRAY BEACH, FL 33444 HAZEL SANDERS P.O. BOX 1162 CRYSTAL RIVER, FL 32629 PAUL PROSPERE CHRISTINE SAUVEUR 406 S.W. 9TH STREET DELRAY BEACH, FL 33444 J.M. & CLOVIS L.R. ILDEFONSO (HUSBAND&WIFE) 707 S.W. 8TH COURT DELRAY BEACH, FL 33444 PIERRE P. CADET 702 W. ATLANTIC AVENUE DELRAY BEACH, FL 33444 EDDIE & JUANITA TRIPP (HUSBAND & WIFE) 316 S.W. 11TH AVENUE DELRAY BEACH, FL 33444 ROBERT G.&PATRICIA ALLEN (HUSBAND AND WIFE) 206 S.W. 2ND AVENUE DELRAY BEACH, FL 33444 JUAN GONZALES 1108 S.W. 8TH AVENUE DELRAY BEACH, FL 33444 -6- $ 30.00 50.00 (ADM. COST) (RECORDING) $ 35.00 50.00 (ADM. COST) (RECORDING) $ 55.00 50.00 (ADM. COST) (RECORDING) $ 50.00 50.00 (ADM. COST) (RECORDING) $ 45.00 50.00 (ADM. COST) (RECORDING) $ 50.00 50.00 (ADM. COST) (RECORDING) $ 60.00 50.00 (ADM. COST) (RECORDING) $ 60.00 50.00 (ADM. COST) (RECORDING) $ 30.00 50.00 (ADM. COST) (RECORDING) $ 50.00 50.00 (ADM. COST) (RECORDING) $ 55.00 50.00 (ADM. COST) (RECORDING) $ 35.00 50.00 (ADM. COST) (RECORDING) Res. No. 86-89 W125' OF NE 1/4 OF LOT II/LESS N300', SUB. OF SEC. 8-46-43, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (N.W. 6TH STREET) LOT 1 & W3' OF LOT 2, BLOCK 2, SUNNY HEIGHTS AMND., PB 27, P 194, PUBLIC RECORDS, PALM BEACH COUNTY, FL (326 S.W. 8TH STREET) LOTS 1 & 14, BLOCK 6, REPLAT OF DELRAY BEACH HEIGHTS EXT. SECTIONS A & B, PB 28, P 171, PUBLIC RECORDS, PALM BEACH COUNTY, FL (937 S.W. 14TH AVENUE) S50' OF N300' OF W135' OF BLOCK 33, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (N.W. 3RD AVENUE) S50' OF N250' OF W135' OF BLOCK 33, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (N.W. 3RD AVENUE) LOT 17, BLOCK 6, ATLANTIC GARDENS, DELRAY, PB 14, P 63, PUBLIC RECORDS, PALM BEACH COUNTY, FL (118 S.W. 11TH AVENUE) S25.7' OF W 1/2 OF LOT 7 & W 1/2 OF LOT 8, BLOCK 59 (OLD SCHOOL SQUARE), TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY,FL (15 N.W. 1ST AVENUE) S29.7' OF E 1/2 OF LOT 7 & E 1/2 OF LOT 8, BLOCK 59 (OLD SCHOOL SQUARE) TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS,PALM BEACH COUNTY, FL (15 N.W. 1ST AVENUE) LOT 7, BLOCK 4, CHATELAINE NO.1, PB 29, P 95, PUBLIC RECORDS, PALM BEACH COUNTY,FL (3530 BOULEVARD CHATELAINE) HELEN M. KOWALSKI 337 N.E. 3RD AVENUE DELRAY BEACH, FL 33444 MAE BELL ERVIN 709 N.W. 4TH STREET DELRAY BEACH, FL 33444 LORETTA R. JAMES 1541 N.W. 10TH STREET BOCA RATON, FL 33486 T. & OLETHA JONES (HUSBAND AND WIFE) P.O. BOX 1571 DELRAY BEACH, FL 33447 GERALD C. MEITZ 624 EVERNIA STREET WEST PALM BCH, FL 33401 CLEVELAND SHULER CLEVELAND SHULER, JR. 118 S.W. 11TH AVENUE DELRAY BEACH, FL 33444 JOHN & JOANNE S. LEHMAN (HUSBAND AND WIFE) 12041 N.W. 29TH PLACE SUNRISE, FL 33462-5704 JOHN & JOANNE S. LEHMAN (HUSBAND AND WIFE) 12041 N.W. 29TH PLACE SUNRISE, FL 33462-5704 HIGINIO GAGa 2826 NORTH DIXIE HIGHWAY BOCA RATON,FL 33431-6844 $ 55.00 50.00 (ADM. COST) (RECORDING) $ 50.00 50.00 (ADM. COST) (RECORDING) $ 30.00 50.00 (ADM. COST) (RECORDING) $ 40.00 50.00 (ADM. COST) (RECORDING) $ 35.00 50.00 (ADM. COST) (RECORDING) $ 50.00 50.00 (ADM. COST) (RECORDING) $ 30.00 25.00 (ADM. COST) (RECORDING) $ 30.00 25.00 (ADM. COST) (RECORDING) $280.00 50.00 (ADM. COST) (RECORDING) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -7- Res. No. 86-89 M E M 0 RAN DUM TO: Malcolm T. Bird, Interim city Manager THROUGH: John W. Elliott, Jr., Assistant City Manager/ Management ;rvicesQ~_ Director:rl4- U- FROM: Ted Glas, Purchasing DATE: November 1, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ NOVEMBER 14, 1989 - BID AWARD - BID ~89-90 SUBMERSIBLE WASTEWATER PUMPS - ANNUAL CONTRACT Item Before CIty Commission: The City Commission is requested to award bid to Southeastern Pump Company, at an estimated annual cost of $23,443. Per the Budget Office, $15,000. of funding is from account ~44l-5141-536-60.88 (Water & Sewer - Sewer System Capital - Pumps & Hoses). If additional replacement pumps are required, funding will be from account #441-5161-536-60.89 (Water & Sewer Capital Outlay Equipment - October). Background: The Public Utilities Department has need for an annual conract on submersible wastewater pumps based on estimated annual quantities. When a pump needs replaced, an existing contract will expedite the process and reduce the chance of an emergency situation. Bids for this contract were received on September 22, 1989 from three (3) vendors all in accordance with City purchasing procedures. (Bid #89-90. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. Recommendation: Staff recommends " award of this annual contract to Southeastern pumrt. Company, at the estimated annual amount of $23,443. Funding as stated above. Attachments: Tabulation of Bids Hemos from Public Utilities pc Yvonne Kincaide William Greenwood ~IT i! I I I , I I i "'ll:l o 0 n .... o .... _. < .. 0 ~~ ! I 1 i I I II I I Il ,-, x 0 ":I rc--::I '0," -, Z ........ '2:'1 u , i I i n " o 0 n .... o .... ....< .. 0 ~~ o ~'" o .. c n n . n .... 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'" ~ , J ~ .~ € I ~ , I i ,} I \~ I CeOO c; ~ () " " .... ::: a. ~ ~ 3 j I 1 r " t; '^ ':J , ,- r I ....' " c r ~ t'n c .. ... H l;'~ ~.. ~fl ., = .. ~ I !I ~f ~~ ..~ ~~ I b' I; I ~ .. n .. n o ~ ~ a . c fr ...0 ~ o ~a I ? ~ r" z ~ " ~ lO() ~@ :l::c G:! ,..., " Z .JI' CC ~ " (; ~ :, " D ~ o z :: ., " () ,) 'D " .-' ~ -. " " " ~ '" 00 ." M E M 0 RAN DUM TO; Malcolm T. Bird, Interim City Manager THROUGH: John W. Elliott, Jr., Assistant City Manager/ Management services('\Ji_ Ted Glas, Purchasing Director ~ ~ '1' FROM: DATE: November 1, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ NOVEMBER 14, 1989 - BID AWARD _ LOADER/BACKHOE FOR PUBLIC UTILITIES Item Before City Commission: The City Commission is requested to award contract to Case Power & Equipment for one (1) rubber tired loader/backhoe at a cost of $35,000. Per the BUdget Office, funding is from account #441-5161-536-60.89 (Water & Sewer Fund - Capital Outlay - Equipment - Other). Background: An approved requisition has been received from Public utilities for one (1) four wheel drive loader/backhoe, per their attached memorandum. A Case 580K loader/backhoe is available via Palm Beach County contract, at a cost of $32,500. plus $2,500. for the optional extendahoe, for a total cost of $35,000. List price on the Case equipment is $58,608. The county bid reflects a' discount in price of 40% from list price on a new 1989 model. Recommendation: Staff recommends award of this purchase to ,Case Equipment of Riviera Beach, Florida, at a cost of via Palm Beach County contract. Funding as stated ~ Power & $35,000. above. Attachments: Memo from Public Utilities Documentation on Palm Beach County Contract pc Yvonne Kincaide William Greenwood ~5 M E MaR AND U M TO: Malcolm T. Bird, Interim City Manager THROUGH: John W. Elliott, Jr., Assistant city Manager/ Management servi~\~d~~ Director ~~ --U FROM: Ted Glas, Purchasing DATE: November 6, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - NOVEMBER 14, 1989 - BID AWARD - ADVANCED LIFE SUPPORT RESCUE VEHICLES Item Before City Commission: City Commission is requested to award contract for two (2) advanced life support rescue vehicles to Emergency Vehicle Fabricators, Inc. at a cost of $127,250. Per the Budget Office, funding for this equipment is from account #001-2315-526-60.84 (Fire/EMS Operations Capital Automotive) . Background: On April 25, 1989, City Commission approved the one (1) rescue vehicle to Emergency Vehicle Inc., per Bid #89-45, at a cost of $63,625. purchase of Fabricators, The Fire Department has two in the FY 89-90 budget, at a utilizing a matching grant Chief. (2) additional rescue vehicles budgeted cost of $130,000., and per attached memo from Fire The successful vendor of Bid #89-45, Emergency Vehicle Fabricators, Inc., has agreed to supply two (2) additional rescue vehicles at no increase in cost to the City. The purchase would be at the same terms, conditions, and unit price and be in accordance with City purchasing Ordinance Section #36.03. ~' Recommendation: Staff recommends award of two (2) additional advanced life support rescue vehicles to Emergency Vehicle Fabricators, Inc., at a total cost of $127,250., per Bid #89-45. Funding as stated above. Attachments: Tabulation of Bids Memo from Fire Chief Letter from Emergency Vehicle Fabricators pc Yvonne Kincaide Chief Koen ~~ [try DF DELRAY BEA[H FIRE DEPARTMENT ;"."-,, M E M 0 RAN DUM TO: MALCOLM T. BIRD, INTERIM CITY MANAGER FROM: KERRY B. KOEN, FIRE CHIEF DATE: OCTOBER 10, 1989 SUBJECT: AWARD OF STATE E.M.S. GRANT We have been notified by a copy of the attached correspondence that Delray Beach was awarded $65,000 in matching grant funds from the Department of Health and Rehabilitative Services. This grant will be matched by $65,000 in local funding approved as part of the recently adopted operating budget to purchase two replacement Paramedic Rescue Units. This year, only approximately,~5% of the applications for Emergency Medical Service Grants were approved. \(~GS. ~~ Kerry B. Koen Fire Chief KBK/ew Attachment ~" FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444 407/243-7400. FAX 407/2654660 i , 1 10/06/89 16:22 'B'904 ~87 4520 H. R. S. /EMS .TTACK~ENT I: A~FovE~ E~:~5ENCI ~ED!CAl S,RVICES ",TCKIN. .FAlIT ~P.~!C~NT, mRllVED "rf~I~;;Nl, !N ",-fKAH1lCi\L PRDoR HOlm mA Emf fU!I,'; ... 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H'lbin,tor. tD~nt~ ~.C.t, KIEh!noton le"~ty :.t.C. ~~st L"irHH~ Met. l~:,etl. !.~ !1:!ll"1ct H60. S,'c. Yl'icl. ~l~.~Jc.BJ lo.. n.m.ao 'I.hlel. 18.l09.&6 E\i! .ICl~ ~..~~.(I~' Ce... 1!.~N',(li.' C~t.II ~.~H.?S h,b Ed 11.~1~.2~ ME/ ~.nq.92 P.uufch l.O50.00 h': Ed 7e.601.~0 ~u1 Ed ~S.7t9.(l1 Yehich 3~.m.o~ 'I,hi:le 40.P~0.OO Nlf; E~ui, ~,OOtl.OO ~'tallGA lZ,Ot~.~ nt5urc~ 2b.~orJ.O(' ',1el'l1clt 2~.9ZS.00 ""F: huip 4.~50.('O E,d/gA SO.3H'.{J~ hdJ~~ ~1.81\.OO ""Po EQui, :lIBse.~~1 ~'fhic.!t ~c.140.M C~.. ~_OO(\.(lO "'~ :quH' 3. ~Z~.':1~1 Con 22.9t1Q.Ofi lJohid, Z? .21~, (10 e,.llQA 10.~O~.Z~ Pro Ed 1!.OOO.OO t~u 4.39('.~O Pre E~ q . 600. ('0 YuI> Ed ~1..24.00 Yrbide 37,052.00 n!~ EQ"IP 12.l(ll.OO Yor,l tlr (O.2eO.OO h:: Ed 16.780.0U rub Ed 6J.m.OO lJ,hich 2\.~OO.00 l,l,tli:::le 20,000.00 !VFi Eouip 552.50 rro E~ 1.6(l(J.OO tc... 13.02~.~O (.:c. 19,m.OO 'I'M tlr 11. 50(.. 00 .ro Ed 60.380.00 Pre Ee 21.095.00 lJehich 4a,~(l\!.IJ~ y.hlclr 22.5(l(J.00 C"". 10,!10.OO t~. 7.!b9.0!l Venith 71.000.00 .ro Ed L 119. 75 .--......--............- tOT~L U'll.9D5.22 , , i!. i ! I 1 I " ,\ , I I I 1 r f [ITY DF DElAAY BEA[H FIRE DEPARTMENT M E M 0 RAN DUM TO: TED GLAS, PURCHASING DIRECTOR FROM: KERRY B. KOEN FIRE CHIEF DATE: NOVEMBER 6, 1989 SUBJECT: CONTRACT EXTENSION _ EMERGENCY VEHICLE FABRICATORS, INC. As you know the City has been awarded a State Matching Grant to purchase two replacement paramedic rescue vehicles this fiscal year. This is the second year we have received funding for this type of apparatus replacement, with our first unit only recently delivered from Emergency Vehicle Fabricators, Inc. of Rivera Beach, Florida. This vendor has offered to extend the contract for additional vehicles, subject to any "pass through" for the cost of the chassis. In this case, no increase in the cost of the chassis has occurred. Therefore, we will be able to acquire additional units at exactly the same price as our last delivery (see attached correspondence.) By using this process, we will save approximately six weeks of bid and contract award time, which will ultimately get these units on the street sooner to the direct benefit of the public. You will recall that E.V.F., Inc. was the low bidder during the last bid process and we are satisfied with the product, workmanship and service. The firm's Rivera Beach manufacturing facility also provid~s additional inspection and review opportunities during ~bnstruction. This has allowed staff to examine the product during critical phases of construction and accelerate the final acceptance process. i;;~ ;)f- .~,,!-: I ",'. r 1";[ :.t.;r:'I_:.\HlcF.;:. 101.: ~.~~I ,', ',"'. ~ ,(, ,\ .'f NI.)~.. DELRAY BEACH, FLORIDA .13444 ,:'()724:~;~()O.' ,,<.1::/ ":(i:',.~Gf)U , I ~ Accordingly, I am recommending that we extend the contract with Emergency Vehicle Fabricator, Inc. for the purchase of two paramedic rescue vehicles as per Bid #89-45. The total amount of this purchase is $127,250 with funds available through a State Emergency Medical Services Matching Grant (No. LP 189) and line item 001-2315-526-60-84. I recommend that the City Commission authorize this project, subject to the receipt of the State Matching Grant Funds which are expected to be in our possession within the next two to three weeks. Attached you will find a Requisition for this purchase. 'y~\\S \~~---- Kerry B. Koen Fire Chief KBK/ew Attachments cc: Mr. Bird Mr. Elliott Mr. Barcinski , . , t ! , ~ GENCY ICLE BRICATORS, INC. Manufacturers of Ambulances Rescue Vehicles Specia Ity Vehicles November 3, 1989 Chief Kerry B. Koen City of Delray Beach Fire Department 101 West Atlantic Avenue Delray Beach, FL 33444 Dear Chief Koen: We trust that the new Rescue Unit recently delivered to your department is performing to your satisfaction. As you will recal1; during the pre-construction meeting in your office on August 2, 1989, your inquired as to the possibility of extending the contract. I stated at that time that we would extend the Contract for additional units for a period of one (1) year the same conversion price with a provision for any additional chassis cost. The chassis price has remained the same as of November 3, 1989. Therefore, we can offer the same price as the previous unit of $63,625.00. The delivered time wil1 be 45-60 working days after receipt of chassis (which is running 30-45 days, according to Pord). We would, of course, do everything to speed up delivery to the earliest possible date. We look forward to a continuing business relationship with your Department. Please call if you have any questions at all. Very truly, EMERGENCY VEHICLE FABRICATORS, INC. ..; 7~,~~ n~'rlAn Rnarl · Riviera Beach. Florida 33404.1407\ 842.4628.18001521;.1131 . Fax (4071 R42.RR:12 , f I . M E M 0 RAN DUM TO: Malcolm T. Bird, Interim City Manager John W. Elliott, Jr., Assistant City Manage~,~ ~A~ Management Services ~ 3- Ted Glas, Purchasing Dil-ector -f/''''''' THROUGH: FROM: DATE: November 2. 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ NOVEMBER 14, 1989 - SOLE SOURCE PROCUREMENT _ SEWER JOINT SEALING EQUIPMENT FOR PUBLIC UTILITIES Item Before City Commission: City Commission is requested to award contract for sewer joint sealing equipment at a cost of $39,570. to Cues, Inc. Per the Budget Office, funding for this equipment is from account #441-5161-536-60.89 (Water & Sewer - Capital Outlay - Equipment - Other). Background: An approved requisition has been received from Public Utilities requesting sole source procurement of sewer joint sealing equipment to be installed in new truck mounted television inspection unit currently being built for the City by Cues, Inc. By purchasing this joint sealing equipment the TV truck is a complete system of compatible manufactured equipment. With this additional equipment on the truck, repairs can be made to leaking sewer jOints at the same time as performing the inspection procedure. To determine fair and reasonableness of the price, attached are prices recently paid by other governmental entities for the TV and sealing system combined. Our total cost of $129,565. is in line with what other governments are being charged. Recommendation: Staff recommends award of this purchase to Cues, Inc. at a cost of $39,570. as sole source procurement. Funding as stated above. Attachments: Memo from Public Utilities Pricing Information from Cues, Inc. pc Yvonne Kincaide William Greenwood 6~ 1)