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12-05-89 Regular CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION December 5, 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 November 14, 1989 and Special Meeting minutes of November 22, 1989. 6. Proclamations: A. Commending the personnel who diligently worked to insure the success of the "Decade of Excellence Bond Issue": Alexander "Sandy" Jay Alperin Helen Coopersmith Ann 'Ful ton Mark Little' Dale Morrison Dottie Patterson William Wallace Simon, Chairman Jean Beer Margaret Ehrmann Ann Gannon Richard Machek David Nathanson Spencer Pompey Leon Appel Lula Butler Bruce and Emily Bob Hayes Betty Matthews Larry Parker Mark Perry Friedman B. Commending "Sharing for adoption of all the personnel involved in developing the Excellence in Schools 1990 Plan" and the subsequent the Consensus Statement: Patricia Brainerd Elder Edward Hayes Lillie Parker Alice Finst William Maher Mike Plum Thomas Fleming Beth Mulholland Bill Wallace 7. Presentation: A. Solid Waste Authority plaque to recognition of its cooperation and Authorities Household Hazardous Waste the City of Delray Beach in support of the Solid Waste Collection Program. PUBLIC HEARINGS 8. ORDINANCE provide for regulations. NO. 81-89: An Ordinance amending the City Code to legislative changes made to the Code Enforcement City Manager recommends approval. PUBLIC COMMENTS 9. Comments and Inquiries on Non-Agenda Items from the Public. REGULAR AGENDA 10. APPOINTMENT OF A MEMBER TO THE HISTORIC PRESERVATION BOARD: Commissioner Weatherspoon's appointment of a member to the Historic Agenda Meeting of 12/05/89 Preservation Board to fill the vacancy created by the resignation of Clemmer Mayhew, III effective January 1, 1990. 11. SITE PLAN APPROVAL: Consider request for site plan approval for a proposed 16 unit multiple family project, Renaissance on the Ocean, to be located on the east side of A-1-A, just south of Linton Boulevard. City Manager and Planning and Zoning Board recommend approval. 12. TITLE RESTRICTION ON CITY OWNED PROPERTY: Provide direction regarding alternatives for resolving title restriction conflicts on City-owned properties at Block 52 (Central Fire Station) and Lots 7-16, Block 44 (Current Tennis Court Site) based on research and recommendations provided by Mr. Doney. City Manager and City Attorney recommend instituting eminent domain proceedings on either or both of these properties. 13. CHALLENGE TO DEFINITION OF FAMILY ORDINANCE (91-88): Provide direction to City Attorney's Office regarding claim against the City by the American Civil Liberties Union relating to the Definition of Family Ordinance. City Attorney and City Manager recommend preparing defense in support of our ordinance. 14. PUBLIC WORKS MUTUAL AID AGREEMENT: Consider approving a Public Works Mutual Aid Agreement which sets forth procedures for requesting and providing emergency assistance to participating municipalities throughout the State of Florida. City Manager recomm~nds approval. 15. SELECTION PROCESS FOR FINANCIAL ADVISOR AND OTHER SERVICES: Provide direction regarding the selection process for a Financial Advisor, approve proposed RFP language, and authorize bid out of other services, ie. Worker's Compensation Administration, Bond Counsel, neWSpaper advertisements, that we will need in future. City Manager recommends approval. 16. PRESENTATION OF PRELIMINARY LANDSCAPE DESIGN- MID FEDERAL HIGHWAY AND SELECTION OF PLANT MATERIAL FOR THE CONGRESS AVENUE AND WEST ATLANTIC AVENUE PROJECTS: Provide direction and input to finalize Mid Federal Highway design plans and select plant materials for the Congress Avenue and West Atlantic Avenue projects as presented by H. Kurt Kettlehut. 17. UPDATE ON LANDSCAPE PROJECTS: Presentation by staff addressing specific corrective actions taken to resolve problems and update maintenance procedures for current landscape projects. City Manager recommends approval of proposed corrective actions. 18. GOLF COURSE CLUBHOUSE PAINTING: Consider request from Mr. Code House for the City to reconsider requirement for him to clean and paint the golf course clubhouse, proshop, and bag storage bUildings. City Manager recommends denial of request. 19. AUBURN TRACE DEVELOPMENT: Appearance Board regarding request project. Provide direction to the Commu~ity for changes to the Auburn Trace 20. CONSIDERATION OF LAKE IDA ROAD MATTERS: This is a Staff initiated request for reconsideration of action taken COncurrent with adoption of the Comprehensive plan regarding Lake Ida Road. City Manager recommends approval of reconsideration action. 21. CONSIDERATION OF PROPOSED LANGUAGE FOR RESOLUTION REGARDING LAKE IDA ROAD WIDENING: Staff requests direction concerning language to be included in a resolution to the County regarding road improvements on Lake Ida Road from Jog Road to Federal Highway. This item is being considered due to action taken on the above item. City Manager recommends approval of proposed language. 22. APPEAL OF RIGHT-OF- WAY DEDICATION: Consider appeal of right-of-way dedication on N.E. 4th Street. Planning and Zoning and Engineering Departments recommend denial. -2- Agenda Meeting of 12/05/89 23. WORKERS COMPENSATION SETTLEMENT: Approve settlement of a 1978 Workers Compensation claim filed by Carlotta Dodels in the lump sum amount of $21,000. City Manager, City Attorney and Claim Committee recommend approval of lump sum payment. 24. WATER AND SEWER RATE FEE STUDY: Authorize staff to negotiate CONSENT AGENDA with Ernst and Young study for our Water Funding is available 441-5111-536-33.15). to provide a comprehensive rate and impact fee and Sewer operations not to exceed $50,000. in Water and Sewer Rate Study (Account No. City Manager recommends approval. 25. FINAL PLAT APPROVAL: Consider approving final plat for Christ Missionary Baptist Church located on the north side of S.W. 8th Street, between S.W. 2nd Avenue and S. Swinton Avenue. City Manager and Planning and Zoning Board recommend approval. 26. RE UEST FOR DOCK AND FINGER PIER VARIANCE: Consider request for a dock variance to permit a dock to extend within 10 feet of the west property line; to permit the finger piers to extended 30 feet, six inches into the C-15 Canal; and to allow the dolphin piles to be installed 40 feet, six inches into the Canal. City Engineer and City Manager recommend approval. 27. DELRAY ART LEAGUE EXHIBIT: Consider request from the Atlantic Avenue Association to display art work from the Delray Art League on December 4th and 5th on East Atlantic Avenue, along the sidewalk, between 4th and 5th Avenues. City Manager recommends approval. 28. RESOLUTION NO. 92-89: A Resolution assessing costs for abatement action required to remove junked vehicles located on nine properties throughout the City. 29. RESOLUTION NO. 93-89: action required to remove a at 1212 Germantown Road. A Resolution assessing oosts for abatement portion of an unsafe bUilding on property 30. RESOLUTION NO. 94-89: A Resolution assessing costs for abatement action required. to demolish an unsafe bUilding on property at 220 N.W. 4th Avenue. 31. RESOLUTION NO. 95-89: action required to board 227 N.E. 7th Avenue. A Resolution assessing costs for abatement up an unsafe bUilding on property at 32. RESOLUTION Amendment No. State mandates NO. 96-89: A Resolution sUpporting 3 on the November 1990 ballot which on cities and counties. Constitutional limits unfunded 33. AWARD OF BIDS AND CONTRACTS: A. West Atlantic Irrigation, in the Utility Construction Avenue Median Beautification_ Sunny land amount of $25,918 with funding from 1987 Fund (Account No. 333-4141-572-61.31). 34. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -3- . MEMORANDUM f TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA REPORT - MEETING OF DECEMBER 5, 1989 DATE: December 1, 1989 PUBLIC HEARINGS Item No. 8 (Ordinance No. 81-89) Public hearing on this item was deferred at your November 28th meeting. This is a Second 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 enforcemene officers handle repeat violations. D. Allows Code Enforcement Board Orders to be recorded in public records once they are issued. This gives notice to potential purchasers of the Order. E. Amendment to clearly differentiate between the handling of a first violation and a repeat violation and sets the fine rates up to $250 per violation per day 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 four 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. On Thursday, November 30th, the City Manager and staff met with Community Leaders to discuss concerns they had regarding this ordinance. The ordinance was reviewed and explained to all present. As a result of this meeting the only requested change is a 30 delay in the effective date of the ordinance. This time delay will provide staff and the various Community leaders time to prepare the rules and regulations that will be necessary to implement the ordinance. Recommend approval of Ordinance No. 81-89. REGULAR AGENDA Item No. 10 Appointment of a Member to the Historic Preservation Board. Clemmer Mayhew, III has submitted his letter of resignation from the Historic Preservation Board to be effective January 1, 1990. His term was due to expire on June 9, 1990. In accordance with Commission adopted local rules, appointments for vacancies occurring on a board wherein the particular member has not fulfilled their entire term shall be for a full term. Additionally, based upon the rotation system implemented, this is Commissioner Weatherspoon's appointment. We received applications from: William Ayers Christine Bull Anita Deutsch Scott Bechtle K. Wayne Campbell Ronald Lusk "Richard Brautigan Daniel H. Carter Connie MacKenzie \ AGENDA REPORT Meeting of 12/05/89 Julie Morgan Rose M. Sloan " Appointed Human Relations Committee. Recommend appointment of a member to the Historic Preservation Board to a term January 1, 1990 throuqh December 31, 1992. Item No. 11 Site Plan Approval. This item was deferred at your November 28th meeting. It involves a request for site plan approval for a proposed 16 unit multiple family project, Renaissance on the Ocean, to be located on the east side of A-1-A, just south of Linton Boulevard. This project site was previously the Colony Surf of Delray Beach, a eight unit hotel facility developed under County regulations. That project was demolished and the 1.1 acre parcel is currently vacant. This project consists of construction of a five story 16 unit luxury condominium development. Subgrade parking will occupy the first floor with four floors of residential units above it. This is a straightforward site and development plan. The proposal conforms with codes, no variances or waivers are sought. The Planning and Zoning Board at it's November 20th meeting recommended approval subject to conditions. The Community Appearance Board approved preliminary landscape plan and elevat~ons. A detailed staff report is available for review in the City Manager's Office. Recommend approval of site and development plan tor Renaissance of the Ocean. Item No. 12 Title Restriction on City Owned Property. This item is for Commission direction regarding alternatives for resolving title restriction conflicts on City-owned properties at Block 52 (Central Fire Station) and Lots 7-16, Block 44 (Current Tennis Court Site). Mr. Doney, outside counsel for this project, has researched this matter and provided several alternatives for clearing the titles. On Block 52 he recommends that the City conduct a referendunyas contained in the deed document authorizing the sale of the property without restriction. The. alternative method would be to authorize a quiet title action which can only be instituted after a diligent search is conducted to locate any potential heirs. On Block 44 properties, the initial recommendation is to authorize the instituting of quiet title/ declaratory relief action. No referendum mechanism exists in this deed. Additionally another alternative exists, that of instituting an eminent domain proceeding on either or both properties. The City Attorney's Office recommends that an eminent domain proceeding be instituted. If we proceed with eminent domain, funding will have to be provided to pay for attorneys fees and acquisition costs provided a claim is filed and a value established. Recommend institution of eminent domain on Block 44 and Block 52 properties. Item No. 13 Challenge to Definition of Family Ordinance (91-88). This item is before you to provide direction to City Attorney's Office regarding claim against the City by the American Civil Liberties Union relating to the Definition of Family Ordinance. The City Attorney's Office has begun to research this claim, initial reaction is that the basis for the position of the ACLU is incorrect, and that our ordinance is in fact supportable and does not vioiate the provision of the Florida State Constitution. However, the Commission may wish to have staff revise the ordinance based upon allegations made in the claim. Before any additional work is. done on this project, Commission consideration and direction has been requested. Recommend authorization for City Attorney's Office to procee~with preparinq response to ACLU's claim defendinq the current ordinance. - 2 - '. AGENDA REPORT Meeting of 12/05/89 Item No. 14 Public Works Mutual Aid Agreement. The Public Works Mutual Aid Agreement sets forth procedures for requesting and providing emergency assistance to participating municipalities throughout the State of Florida. The agreement was prepared by the Florida Chapter of the American Public Works Association and provides for assistance in times of need caused by natural disasters. This is a one year agreement with automatic one year renewal periods. Once executed this agreement can only be terminated in writing. The agreement provides for supervisory control over personnel in the assisting party; assignment and work scheduling; maintenance of daily time records, material records and logging of equipment hours will be the responsibility of the assisting party. The assisting party will continue to pay its employees according to its then prevailing ordinances, rules, and regulations. They will be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance. The requesting party will provide food and housing; reimburse any amounts paid or due for compensation to employees under the terms of the Florida Worker's Compensation Act due to personal injury or death fuels; and provide miscellaneous supplies, and minor equipment repairs. Additionally, an indemnification clause i~ provided in the agreement which would hold the assisting party harmless from claims related to or arising our of any assistance rendered or performed in accordance with this agreement. Recommend approval of execution of Public Works Mutual Aid Aqreement. Item No. 15 Selection Process for Financial Advisor and Other Services. Commission direction is requested in providing direction to staff with regard to the selection process for a Financial Advisor and other services for which the City has not gone out for bid or solicited requests for proposals for over two years. With the recent approval of the $21.492 million General Obligation Bond issue there is an immediate need to determine how we should proceed with the selection of a Financial Advisor. Our current financial advisor, Mr. Stan Ross, Dean Witter Reynolds, is retiring on December 31st. Concurrently, that company will no longer be providing financial advisory services to municipalities. Staff recommends that we go out with an RFP for this service and requests Commissions approval of the proposed RFP language. If approved we anticipate having a recommendation for contract award at your February 13, 1990 regular meeting. General direction is also sought for the selection process to be utilized for Worker's Compensation administration; Bond Counsel, and; Newspaper advertisements. We will discuss the selection process for the Bond Counsel with the City Attorney and bring this item back to the Commission for separate action. Recommend approval of approval to bid out year. the RFP for selection of a Financial Advisor and other services as they become due over the next Item No. 16 Presentation of Preliminary Landscape Design- Mid Federal Highway and Material Selection for the Congress Avenue and West Atlantic Avenue Projects. Mr. Kettlehut will present a preliminary design for the Mid Federal Highway project. The purpose of this presentation will be to seek Commission direction and input prior to final design and bid of this project. Additionally, Mr. Kettlehut will make a slide presentation on plant materials for the Congress Avenue and West Atlantic Avenue projects. Commission assistance in selecting plant materials is requested. All material and information - 3 - AGENDA REPORT Meeting of 12/05/89 will be presented at your Tuesday evening meeting. Recommend Commission direction on the preliminary design for the mid Federal Highway proiect and plant selection for the Congress Avenue and West Atlantic Avenue proiects. Item No. 17 Update on Landscape Projects. This item concerns raised at your November 16th joint workshop Beautification Task Force regarding beautification projects. concerns were as follows: addresses with the Specific A. Wax Myrtles appear to be out of scale with surrounding palms. B. East Linton Boulevard has a great number of concrete separators that do not permit landscaping. C. Concrete pump enclosures should be screened. have a negative visual impact and " D. Dead plant material have not been removed in a timely fashion. E. Why plant materials go into transplant ihock and into a period of decline after they are planted. F. Dead Purple Fountain Grass planted beneath Tabebuias along the north side of the road. G. Coconut Palm are in the wires and should not have been planted to begin with. H. Replacement program for Royal Palms along N.E. 8th Street should be considered by the Beautification Task Force. I. Existing designing the overplanted.. A memo detailing responses and actions to be taken is attached. vegetation landscape was and not taken into consideration when therefore some areas seem to be Recommend acceptance of solutions necessary to resolve problems and maintenance on current landscape proiects as presented. Item No. 18 Golf Course Clubhouse Painting. Mr. Code House is requesting that the City reconsider its decision to require the licensee to paint the golf course clubhouse, proshop, and bag storage room. Mr. House has stated that he has painted the proshop and bag storage buildings since he has been at the course and will provide the Commission with copies of receipts proving same. However he contends that painting the restaurant/ clubhouse is not his responsibility. Recommend consideration of request from Mr. House regarding painting of the clubhouse, proshop, and bag storage buildings at the Municipal Golf Course. Item No. 19 Auburn Trace Development. Discussion regarding Community Appearance Board review and action on aesthetic changes to the Auburn Trace project. At their November 28th meeting the CAB provided a preliminary review to changes proposed to the Auburn Trace project. The Board determined that the information provided at that meeting was not sufficient and requested that the architect provide a complete plan, including any revisions to landscape, interior design, clubhouse and color samplings for review at their next regular meeting. Subsequent to that meeting however, the Board is asking that the Commission review the architect's initial proposal and provide them - 4 - AGENDA REPORT Meeting of 12/05/89 with direction. The architect is prepared to make a formal presentation on the proposed changes at your December 5th meeting. Those changes include: A. Elimination of Bahamian,Shutters and substituting them with eyebrows over the windows. B. Use of three color groupings instead of approved Caribbean colors. C. Use of reduction of use of a mill finish. single hung windows rather than double hung and the number of windows on each unit. Additionally finish window instead of the approved bronze D. Elimination of sliding glass doors and substituting them with windows. E. Eliminating the three foot privacy fence on ground floor units and substituting it with a hedge. Recommend direction to Community Appearance Board regarding proposed o changes to the Auburn Trace proiect. Item No. 20 Consideration of Lake Ida Road Matters. Commission is requested to reconsider action taken concurrent with the adoption of the Comprehensive Plan concerning Lake Ida Road and to replace said action by requesting the appropriate County agency pursue the policy changes made as they relate to traffic impact and standards. At your last meeting the Commission concluded the public hearing on the proposed Comprehensive Plan. At that time action was taken to amend the plan which resulted in the following policies being added: A. Provision not to widen N.E. 4th Street beyond that allowed within a 68' right-of-way between Swinton Avenue and N.E. 2nd Avenue and 'beyond that within 60' right-of-way between N.E. 2nd Avenue and Federal Highway. B. Provision to limit the number of travel lanes on Lake Ida Road between Swinton Avenue\and Military Trail to two lanes. C. Provision to modify the Objective in the Traffic Element which establishes the Level-of-Service standard by stating the Lake Ida Road, between Military Trail and Congress, shall be allowed to function at LOS "E" under any conditions. The implications of the action taken on Lake Ida Road is that we now have incompatible policies in our Traffic Element. Thus, it is necessary to decrease this incompatibility either by pursuing removal of the entire Lake Ida Road linkage from the regional network or returning to the previous position reached at your July 12, 1988 meeting. At that meeting the Commission reached a consensus on four laning Lake Ida from 5th Avenue to Swinton Avenue; four laning Lake Ida Road from Swinton Avenue to Congress Avenue; four laning Lake Ida Road from Congress to Military Trail, and; not to four lane Lake Ida from Military Trail to Hagen Ranch Road. Based upon the consensus reached at this meeting, this was the information presented to the MPO in response to their proposed 2010 Transportation System Plan. These elements were contained in the Plan prior to last weeks changes. Lake Ida Road is asked to consider a County road. The responsible agency should be the policy changes versus us making changes to our - 5 - AGENDA REPORT Meeting of 12/05/89 Comprehensive Plan. The request would also include modifications to the County Thoroughfare Plan. Recommend Commission reconsider action taken concurrent with adoption of the Comprehensive Plan and request that the appropriate County agency pursue the policy change as it relates to traffic impact and standards. Item No. 21 Consideration of Proposed Language for Resolution Regarding Lake Ida Road Widening. Staff requests direction concerning language to be included in a resolution to the County regarding road improvements on Lake Ida Road from Jog Road to Federal Highway. This item is being considered due to action taken on the above item. Elements of the resolution to be considered for direction are as follows: A. Not to widening N.E. 4th Street beyond that allowed within at 68' right of way between Swinton Avenue and N.E. 2nd Avenue and beyond that allowed within a 60' right of way between N.E. 2nd Avenue and Federal Highway. B. That the eastern linkage of Lake Ida Road (Congress to Swinton) four lane, shall be accelerated in the {ive-year plan so that it precedes construction of the western linkage. C. Or action be taken to have the number Ida Road between Military Trail and lanes. of travel lines on Lake Congress limited to two D. That any four lane extension of Lake Ida Road west of Military Trail shall not be permitted. E. Commission supports millage for funding of County road improvements. F. Consideration of utilizing bond funds for S.W. 10th Street to accelerate .the Lake Ida widening from Congress to Swinton with County reimbursing our fund at time this widening is scheduled in the County road widening plan. Recommend staff be directed to draft a resolution utilizing options as approved by the Commission. Item No. 22 Appeal of Right-of- Way Dedication. We received a request for consideration of right-of-way dedication on N.E. 4th Street. This request was triggered by a condition placed upon a conditional use, attendant site plan and subdivision plat submitted for this property which required dedication of an additional 15 feet of r-o-w. N.E. 4th Street is designated as a collector road in the County's Thoroughfare Plan, and as such the 80' r-o-w is required. As the dedication of r-o-w is required by ordinance, Commission action is required. At your November 28th meeting, the Commission reduced the right-of-way in this area to 60 feet as part of the changes made to the proposed Comprehensive Plan. Staff is recommending denial of this request, however, in light of your decision on November 28th, they are further recommending that if the waiver of 15 feet of r-o-w is granted, that the applicant be required to dedicate 5 feet which would give them the required 60 feet of r-o-w. The Planning and Zoning Board at it's November 20th meeting imposed the 15 foot dedication requirement. However, some Board members felt that full dedication should be deferred or not required at all. A detailed staff report is included as backup for this item. Recommend consideration of appeal of right-of-way dedication. - 6 - AGENDA REPORT Meeting of 12/05/89 CONSENT AGENDA Item No. 23 Workers Compensation Settlement. Ms. Dodels was employed by the City in 1979 as an animal control officer. She allegedly injured her back by lifting a dog cage or raccoon cage. We have received a settlement offer from her in the amount of $21,450. Previously we had received a offer for $25,000 and made a counter offer of $15,000. This offer was rejected. Further negotiations were held and an amount, $21,000 was agreed upon. This will be a lump sum payment and will result in the City's being relieved of the responsibility for any future lost wages. Recommend acceptance of the settlement offer in the Dodels Worker's Compensation claim. Item No. 24 Water and Sewer Rate Fee Study. Staff is requesting authorization to negotiate with Ernst and Young for a comprehensive rate and impact fee study for our Water and Sewer operations. This study will include evaluation of the fair and equitable allocation of current operational costs to the users; an analysis to provide funding of future capital improvements; the expansion and modification of impact fees; inclusion of a rate structure tha~ will encourage conservation, and; a Lotus 123 personal computer rate model which will provide for in-house rate updates and projections. The estimated cost is expected to be $51,000 with fees based upon actual hours and actual out-of- pocket expenses. The current contract with our auditors provides for the City to extend the scope of services; therefore, staff is recommending that the Commission approve the proposal and authorized staff to negotiate a firm price not to exceed the amount of $50,000. Funding is available in the Water and Sewer Rate Study (Account No. 441-5111-536-33.15) Recommend authorization to negotiate with Ernst and Young for a comprehensive rate and impact fee study in an amount not to exceed $50,000 with funding from Water and Sewer Fund. Item No. 25 Final Plat Approval. We received a request for final plat for Christ Missionary Baptist Church located on the north side of S.W. 8th Street, between S.W. 2nd Avenue and S. Swinton Avenue. This is a boundary plat for 1.69 acres of land which will accommodate the proposed Christ Missionary Baptist Church. The Planning and Zoning Board at it's March 20, 1989 meeting certified the final plat with conditions. Those conditions have now been satisfied. Recommend approval of final plat for Christ Missionary Baptist Church. Item No. 26 Request for Dock and Finger Pier Variance. This request is for three separate variances to construct a dock and finger pier adjacent to Pelican Harbor. The first request is to permit a dock to extend within 10 feet of the west property line. City code requires a minimum setback of 25 feet. The second request is to permit the finger piers to extended 30 feet, six inches into the C-15 Canal. City Code allows a maximum of 25 feet. The third part of this request is to allow the dolphin piles to be installed 40 feet, six inches into the Canal. City Code allows a maximum of 25 feet. The adjacent property owners were notified and expressed no objections to the proposed construction. Likewise, the City Engineer recommends approval. Recommend approval of dock and finger pier variance. - 7 - AGENDA REPORT Meeting of 12/05/89 Item No. 27 Delray Art League Exhibit. Consider request from the Atlantic Avenue Association to display art work from the Delray Art League on December 4th and 5th on East Atlantic Avenue, along the sidewalk, between 4th and 5th Avenues. No City services are needed. Recommend approval of request from the Atlantic Avenue Association to hold a Delray Art Exhibit on December 4th and 5th. Item No. 28 Resolution No. 92-89. A Resolution assessing costs for abatement action required to remove junked vehicles located on nine properties throughout the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 92-89 assessing costs to remove junked vehicles within the City. Item No. 29 Resolution No. 93-89. A Resolution assessing costs for abatement action required to remove a portion of an unsafe building on property at 1212 Germantown Road. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $632.50 remains unpaid. Recommend approval of Resolution No. 93-89 assessing dosts to remove a portion an unsafe building within the City. Item No. 30 Resolution No. 94-89. A Resolution assessing costs for abatement action required to demolish an unsafe building on property at 220 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 $1,998.70 remains unpaid. Recommend approval of Resolution No. 94-89 assessing costs for demolishing an unsafe bUilding within the City. Item No. 31 Resolution No. 95-89. A Resolution assessing costs for abatement action required to board up an unsafe building on property at 227 N.E. 7th Avenue. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $198 remains unpaid. Recommend approval of Resolution No. 95-89 assessing costs for boarding up an unsafe building within the City. Item No. 32 Constitutional limits unfunded Resolution Amendment No. State mandates No. 96-89. A Resolution supporting 3 on the November 1990 ballot which on cities and counties. Recommend approval of Resolution No. 96-89. Item No. 33 AWARD OF BIDS AND CONTRACTS: A. West Atlantic Irrigation, in the Utility Construction Avenue Median Beautification- Sunny land amount of $25,918 with funding from 1987 Fund (Account No. 333-4141-572-61.31). Item No. 34 Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager - 8 - [Iry DF DELRAY BEA[H FIRE DEPARTMENT M E MaR AND U M TO: ROBERT A. BARCINSKI, ASST. CITY MANAGER COMMUNITY SERVICES FROM: KERRY B. KOEN, FIRE CHIEF DATE: NOVEMBER 29, 1989 SUBJECT: AGENDA REQUEST - DECEMBER 5, 1989 As you know the Solid Waste Authority presented the City a plaque at its regular monthly meeting on November 15, 1989 for our efforts in the "S.T.O.P." Program (Stop Throwing Out Pollutants). This activity was conducted on August 25, 26 and 27th, 1989 at the City Complex and resulted in the proper disposal of approximately 43,340 pounds of household and commercial hazardous waste materials and chemicals. This entire program was done at no cost to the City and corresponds to one of the environmental objectives of the City's Comprehensive Plan. A listing of the quantities and types of waste materials is attached. The presentation by the Solid Waste Authority recognizes those governmental agencies and municipalities which cooperated and assisted in this very worthwhile program. As a result, Delray Beach is a cleaner and safer community. We would like to continue this type of program on a regular basis, although indications are free services, such as those enjoyed this year; will not be available in the future. The receipt of formalize recognition City of Delray Beach. this plaque by the City of the work accomplished Commission thus far by will the v~ ~.\" L - Kerry B. Koen Fire Chief KBK/ew Attachment C IRE DEPARTMENT HEADQUARTERS_ 101 WEST ATLMHIC AVENUE _ DELRAY BEACH, FLORIDA 33444 407 '2437400' FAX -107 2654660 l r 1A . CITY OF DELRAY BEACH HAZARDOUS WASTE DISPOSAL PROGRAM AUGUST 25 - 27, 1989 Waste Oil.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8,000 Pounds Latex Paint,................... . . . . . . . . . . .6,320 Pounds Lead Batteries........................... .5,400 Pounds Miscellaneous Hazardous Waste Products.. ........... ... ......23,620 Pounds Total......... .......... ..43,340 Pounds People Participating. ............ ..... ......532 I '. , r i ~ " " 1! C/..';:::P'-L\NCS NC. 31-89 ii I' " " II I II AN ORD!N~,llC~ a:' 'l'HE CI'T'Y COMMISSION OF THE CITY OF DELRAY i'~;'.CH, FLOR:DA, AMENDING TITLE III, '''ADMINIS- rRAT:')N", :HAPTER r, "-;ELRAY BEACH CODE. ENFORCE- MENT" , ,,'" ~-1E CO!lE 0"' ORDIN1\NCES OF THE CITY OF DELRAY BEACH, FLORIDA, .3':: AMENDING SECTION 37.02, F..NFORCEMENT OF :'ERTAIN CODES AUTHORIZED TO PROVIDE THAT THE CODE ENFORCEMENT BOARD SHALL HAVE CONCUR- RENT J'.;ll,::SDICTION OVER CASES INVOLVED IN VIOLATIONS OF ANY AL'lD 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 37.19(1)(3) TO CLARIFY TIiAT EVIDENCE MAY BE SUBPOE- NAED TO BOARD HEARINGS BY ENACTING A NEW SECTION 37.4l{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-COMFLIANCE 'WITH BO.;.RD ORDERS", BY ENACTING A NEW SECTION 37.42, "FINES FOR NON--COMPLI1\NCE .WITH BOARD ORDERS", TO PROVIDE FINES FOR VIOLATORS ,1\ND REPEAT VIOLATORS, ESTABLISHMENT OF LIENS, AND 'FORECLOSURE OF LIENS; BY ".MENDING SECTION 37.43, "DURATION OF LIENS", PROVIDING THAT CODE ENFORCEMENT BOARD LIENS SHALL BE VI ABLE FOR 2 0 YEARS AND PROVIDING FOR THE RECOVERY 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 conE ENFORCEMFBT TJrROUGH 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. 'I II " II Ii II I II II Ii II II Ii ,I Ii 11 , NOW, THEREFORE., BE IT 0RDAlNED BY THE CITY COMMISSION OJ!' THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ection 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: , I, ; ~ 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 pcrldinq or repeated v1.':llation eet'l.l:i:ftl1e!l -l:e-eJl!~!I~, of the ~~l*ewift~ 2icy codes, as they now exist or they may be amended by ordinance from timet.o t,ime, has been committed. t~t--e"a~~~~-~~-Ga~ea~e-at'l.a-~~a!lh~ I. i- II Ii !: ii il il II ;1 Ii \1 ,I tB}- -See.,,~ 6l'1S -5~765-l;nl'el:l~h-5~ ~'i'e-Wa~e!'~ . ~ "- ~J 'Ii II te ~ - -el'll'lF't'~t' -98 -.l,ba~~el'lea-Pl'el"el'~Y7-a't1.ftkyard5'" tBt--e"aF'~e~-9~-Pi~e-P~evel'l~ie"7-P~l'ewerk5'" tE7--eftap~~1'-~~-Heal~h-al'la-Safe~y.,. tF~--2h~~~~l'-~9a-N~~sft~~e~.,. tG~--€hB~~~l'-~Bi-S~pee~8-al'la-Siaewalks.,. tH7--ehaPt~1'-~~9-eeetil"aeienal-hieel'lses-sel'lerallY", t~t--eftap~~l'-}T?-A~al'~-Sys~em~.,. tat--~ie}~-KV-te"al"~el'S-l~e-~hl'e't1~ft-~6S7-B't1ildil'l~_Re~la~~eas.,. tR7--ehar~el'-l~i-SttediviBiel'l-€eae.,. tht--el'lar~~1'-x~3-3e~il'l~-ee6e.,. tMt--eftap~el'-t~f-hal'la%el'a-Pel'mi~s.,. tN7--ehar~el'-lf4-Hiseel'ie-Pl'esel'va~iel'l'" Section ;:, That Title III, "Administqltion", 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 amended ";:'y enacting a new definiti.on, "Repeat Violation", to read as follows: "Repeat Violation" A violation of the provision of any code or ordi nance 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, "Delray Beach Code Enforcement", Section Code of Ordinances of the City of Delray the definition of "Notification or Written "Administration", Chapter 37, 37.03, "Definitions", of the Beach, Florida, by repealing Notification. Section 4. That Title III, "Administration", Chapter 37, "Delray Beach Code Enforcement", Section 37.03, of the Code of Ordi- nances of the Ci ty 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 Notificat.ion " II I II Ii 'I " , Ii Notice shall be provided the alleg.ed violator by certified mail, retm-n receipt requested; by hand delivery, by the Sheriff '1r other Law Enforcement Officer, Code Inspector or other person designated by the local governing body; by leaving Ih)lice itl the violators usual place of residence with ,my perso!'! l'esj ding therein who is above the age of fifteen (15\ year" ')f age and informing such person of the contents of a noti~','! "'1' "':: the option of the Code, Enforcement Board by public<:3t,j:1r\ pUl'suant ':0 Florida Statutes 162.12 (2) . ~ ORD. NO. 81-3;:' '~:"":r',,:J:l '1'nd'~ Title :III, "Administration", Chapter 37, "Delray Beach Code Sn::::n-c:eme71t".. :l:: :.he Code of Ordinances of the City of Delray Bea(;h, Fl:;:ija, be and the salne is hereby amended by amending Section )7.36 (B) ,J' "In:.entio:1 'Jf Enforcement Procedures" to read as follows: .17.36 Int.8nt:,j,on or Enforcement Procedures. IB) Except as provIded in <ii:..i:sl:oa paraqraph (C) and (E), if a '"i ulat,ion of the codes described in Section 37.02 is found, the Code Enforcement Officer shall notify the ViOJiit.CJr and give him a reasonable time to correct the violi.ltion. Should the violation cont,inue beyond the time specified for correction, the Code Enforcement Officer shall notify the Code Enforcement Board and request a hearing. Tl'le Board.. through its clerical staff, shall sciwdule a hearing, and written notice of such hearing sha'll be hilnd-deLi,vered or mailed as provided by this chapter to the violator. If the violation is corrected and then n'C'lH s, the case shall be presented to the Board even if the violatIon has been corrected prior to the Board '1eari,ljlJ. :md the notice shall so state. Section c, That Title III, "l,dministration", Chapter 37, "Delray Beach Code Enforcement".. ::;ectioll 37.36, "Initiation of Enforce- ment Procedures" of ',he Code of Ordinances rJf the City of Delray Beach, be and the same is Ilereby amended i)y enacting a new subsection 37.36 (E) to read as follows: (El If ," repeat violation is found, the Code Enforcement Ofi.1C'2r shOlll notify die vIolator but is not required to give the violOltDr '1 reasonable time to correct the violation. The Code Enforcement Officer, upon notifying the violator of a repeat violation, shall notify the Code B:nfo((;ement Board 3nd request a hearing. The Code Enfnrs~ment Board, through its clerical staff shall schedule d hearing and shall provide written notification \.0 i,,~ \fi')] ator. 7he C3.-;e may be presented to the Code Enforcement Board even if a repeat violation has been corrected prior to ~:he Board's hearing and the notice shall so indIcate. Section 7, Tr,'l'" Title III, "Administration", Chapter 37, "Delray Beach Code Enforcement", Section 37.39, "Conflict of Interest"; Hearing Procedures, of the Code 0: Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by amending subsection 37.39(1)(3) to read as follows: (3) Subpoena evidence to its hearinqs. Section 3, Th'lt Title ITT, "Administration", Chapter 37, "Delray Beach Code ;:;:nforcement", Section :3 7.41, "Decisions and Enforce- ment Orders", of the Code of Ordinanc~s 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. Cert if ied ';opy of a Code Enforcement Board shall be re<;ocded in the P'"blic Records of the County and shall const.itute Il0tice to any subsequent purchasers, succes- sors dond interests or assigns if the violation concerned 1 :mD. NO. 81..89 I c", " ,'. :,pertY3:,d the findings therein shall be binding \lpr~n the ., " :,,1 a tor and if the violation concerns real prop","'ty, any s'.lbsegLler.t purchasers, successors, and ','It-'l:'''StS or "ssigns. If an order is recorded i.n the Puplic t'ccords: '.Jf Palm Beach County pursuant to this .'.":o<..:tion ii.'1d t:,e vrder is complied with by the date sp"c 1f j,cd '.: ':;,,, oI'<:ier. ',:ba:::'.'ltle Enforcement Board shall ;,;o;'lC 'in "rd~r 'icknowledging compliance that shall be reccnded in the ?ublic Records. A hearing for the Code Enf'Jrscment. Board is not required to issue a Board order acknm~ledging compli ance. Section q 'That 'ri t:le III, "Administration" , Chapter 37, i "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 ] J. That Title III, "Administration", Chapter 37, "Delray Beach Code Enforcement" of the Code of Ordinances of the City of Delray Beach be and ~he 3ame is hereby amended by enacting a new Section 37.42, "Fines for N::,n-Compliance with Orders" to read as follows: I ;!-.) The Code >',,,for::ement Board, upon not:,ifil:ation by Code Enforce- llIent Board Uffi:er chat an order of the Board has not been complied w,ith by Ul<, ,I,::' time 01', upon finding that =.,repeat violation has been commi \. tel 1'1ay 'H'1'=1. the 'Ji01a tor to pay i a fine 1,n an amount specified ill \,,.5 sectic,n for '2d:::h day the violation continues past the date set by I-he i:'1forcemer,t Board for compliance or in the case of a repeat ....i,-lat.ion, f:')-c (-~ach date :.t. repeat. violat.ion continues past, the ;hte ,of )'jot,ice to t.he 'Ji~'lator of the repeat violation. After the find;~9 of d violation or repeat violation has been made as provil.':ed i q :his p,'trt, i'< heari.ng shall not be necessary for the issuance for "de order imposing o:he fine. A fine imposed pursuant to this sect~8n shall not 0xceed $250 per day for the first viola- tion and shall not exceed $5DO per day for a repeat violation. (B) A certiLilC,.l copy of an order imposing a fine may be recorded in the publ.'c C l-eeards and thereaf ter shall constitute a lien against tt.e P!:'::OF.r~y \lpOn ,~hich the violation exists and upon any other real ~'r personal property owned by the violator. Upon pet..\ t ion to tne.: cirt:uit ~;ourt; such order may be enforced in the same manner 'IS Ol court judgment by the sheriffs of this st,ate, inClUding levy against the personal property, but shall not be deemed t:o be ,',yt;:-t judgment except for enforcement purposes. (C) A fine imposed pursuant to this part shall continue to accrue until the \'i:):;'" ::or Gomes into compliance or until judgment is rendered in a "'.lit t.o foreclose on a lien filed lpursuant to this section, whi cr,r,Vp.r occurs first. (D) After three months fr;)m the filing of any lien which remains unpaid, the Code F.nforcement Board may authoriz.e the City Attorney t,o foreclose "pon the line. No lien created pursuant to the provision3 of:l1:i.s:::hapter may be foreclosed on real property which is a "homesteC!d" ',nder Article X, Se,::t.ian 4 of the State Constitu- tion. Section I,i That Title II:;, "Administ.ration", Chapter 37, "Delray Beach CDde ;:"iDl.cement" ,~f ,;,be Code of Ordinances of the City of 4 ORD. NO. fa-89 . . Delray B""ach be ',,'d the 37.43, "Duration of Lien," :;ame is hereby amended by amending to read as follows: Section No lien provided by this chapter or under the authority of F. S. Sec. ::'62.01. et seg., shall cOlltinue for a longer period '11:;.[;, ~;,v" ',:,wcnty : 20~ Y'H.rs aft-er the certified copy of an order ir;JI"c,',5.l.ng a fin", :-J.as been recorded, unless wi thin that ': ',Me ,,1" I ~tion to foreclose on the lien is commenced in a court of cGrr.petent jurisdict.ion. In an action to foreclose on a lien, t11-= prevailing party is entitled to recover all costs, including reasonable attorney's fees that it incurs in fore- ! closure. The ::ont inuation Df the lien effected by the commencement of th,~ action shall not be good against creditors oJ.' subsequent p"rchaser s L'lr valuable consideration without notice 1,1;118S5 a ~otice lis pendens is recorded. Section 1). That J',itle III, "Administration", Chapter 37, "Delray Beach Code f:,nforcement", of the Code of Ordinances of the City Df Delray Beach be; ,1:1.d ':~'.e ';ame is hereby amended by enacting a new Section 'n. 45, "',,,,'j'plemental Code Enforcement procedures" to read as follows: 37,45 S~pplemental Code Enforcement Procedures (A) 'rhe provisiolls :>1' thi.s section are addi cional and supple- mcnt~l m8aDS of e~forcing the City'. ordinances and may bc ,.ed "'~)): :11e :::n[orcement of any non-criminal ul'd.llldDce, OI' f:Jr the [}Ilforcement of all non-criminal ncdiGnnces. Noching contai.ned in this section shall pr0hlbit the City from enforcing its codes or ordinances by :tIl,/ other means. (B) A':,de enforcement officer is authorized to issue a cit:ition to a person when, based upon personal investiga- tion, the officer has l'easonable cause to believe that the I'crson has committed a civil infraction in violation, or ') duly enacted code or ordinance and that the county co"rt will hear the charge. (C) Prior to .i.ssuing a citati.on, a code enforcement officer shall pH,vine notice to the person that the person has commi cted a violation of a code or ordinance and shall establish 3. re<tsonable time period within. which the pec,:;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 persofl has not corrected the violation within the time perind, a code enforcement officer may issue a citation to t.he person who has c-::>mmitted the violation. ;1\ code enf,:,r-::ement officer does not. have to provide the person with 3 reasonable time period to correct the violation prior to iss1ling a citati.on and may immediately issue a citation if the code enforcement officer has reason to believe that the violation presents a serious threat to the i)'lblic health, safety, or welfare, or if the viola- tio', i.s irreparable or irreversible. (D) A citation issued by a cJde enforcement officer shall con;" ain: 1:") JRD, NO. 81-89 . . .~'" "'-"'i - , ,- ....~, ".- :...~ .",-.'.---:~ c. ~-....u.. "~;;J'- . ~."~~~~t.:~ '. ."" . Ii !I I ,I I' il 1. The date and time of issuance. 2. The name and address of the person to whom the ~jtation is issued. 1 The date "-ad time the ci.vil i.nfraction was ::r,;;1zn i t- tr:d . 4. The fdGt.:, COilstltuting reasonable cause. S. The numb,= r 0 r sect.l.on of the r.:ode nr ordinance -1 Lo1.n.ted . G. The name and duthc-rity of th<= code enforcement , :: f ~::~ -_~;.- . 7. T~e procedure for the person to follow in order to pay any ci'li1 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 ",ot. t.O ~ontest the citation. i I II II " II 'I Ii ii , 'I iI ;j , 10. A conspicuous statement that ifithe person fails to pay the civil penalty within the time allo....ed, 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 one copy of the citation ....ith the county court. (F) A violation of an ordinance enforced in this manner shall constitute a ci1lil infraction. The person receiving the cit.ation may '>Iithin 10 days from the date of the citation elect ~o appeal the citation to county court or pay the penal ty imposed. Should the person fail to pay the penalty ar appeal the citation within the IO 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 ., II I 1 I I (G) Thp. ,;chedule of penalties shall be as follows: 1. ~ 100 for 'in ini.t ial violation if the payment is r2ceived within 10 days of the date of the citation. 2. '~250 for an initial violation which is not paid Hithin 10 days ::Jf the date of the citation or is Llns'-"c.:essfully contested in county court by the violator. , 3. $250 for a repeat violation which is paid within 10 days of the date of the citation. c. DRD. NO. 81-89 " i -..- .--r " " " 1. $500 for a repeat violation which is not paid within jays of ~he date of the citation, or is IlLs'.:::cF.:ssf',llly contested in county court by the ,Ii 0 la t,or . (H) Any l"~r;;on '",ho willfully refuses to sign and accept a :;\t'"~ion issued by a code enforcement officer shall be gu,iJ, L:; ~,.f ,1 mi"demeanor of the second degree, punishable :'\.3 ~'r(Jvided .i.n Flor ida Statutes Section 775.082 or Section 775.083. 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 14. ~hat this ordinance shall become effective immediately upon passage on second and final reading. " II II II I, II !, , II I; II I' " , PASSED AND ADOPTED in regular reading on this the day of session pn second and final f . 1989. MAYOR ATTEST: City Clerk First Reading I II Second Reading II " ;! II 7 :lRD. NO. 81-89 ,~.. ,," ,;i;' , '~"'''r' '.. .,.-.;}' " .) .., "/.~).>' EIT' DF DELAA' IEAEH ,,",.,.,,"') '" "", .",j;i.,o/ CITY ATTORNEY'S OFFICE 310 S,[, 1st STREET, SlJlTE 4 DELRAY BEACH. ~'1.0RIDA 33483 407/243,7090.. TFIF('OPfER 407/278-4755 MBMORANDUM Date: November 10, 1989 ~^~ To: City Commission From: JAffrey KUl'tz, Assistant City Attorney Subject: Code Enforcement Modiftcatlons Ordinance 81-89 amends our code enforcement procedures changes to Chllpter 182 made by the Florida Legislature. summary of those revisions. to comport with the The following i. a 1, Section 37.02 of our Code of Ordinances is amended to gJ'Qnt the Code Enforcement Board jurisdiction over all of our non-criminal ordJnancp.s. 2. S4'ction 37.03 of our Code of Ordinances is Amended to define Il repeat violation AS one committed by a person whC') has vinlated the same provision within five years prior to the violation, Section 37.03 is alan further revised to expand on or constitute good notice. 3. Section 37.38(E) is addsd to our Code of Ordinances and sets for the mann",r in which ouI' code enforcement offtcers are to handle repeat vlolElttnna. 4. Section 37.39(1)(3) of our Code of Ordinances is amended to clarify that the Code Enforcement Board may only subpoena p.vldence to its hearings. / 5. Section 37.41 (B) is enacted to allow Code Enforcement Foard Orders to be recorded in public records once they are issued. This then gives notice to potential purchasers of the existence of an Order and 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 violatorll would tran8f~r the property to "an innocent purchaser". In order to get compliance the entire the process would have t9- begin anew. With this change in law. subllequent purch8llers will be 80und by the Code Enforcement Floard Order if it ill recorded prior tn the transfer. 6. Section 37.42 ot our Code of Ordinances 18 amended tn clearlv differenti- ate between the handling of a first violation and a repeat vinlator. ZO'd to:ZT 68'OT AON SSlt 8l~ lOt 'ON l3l 3)l330 S.A3N~011~ All) ,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 tined up to $500 per violation per day. 7. Section 37.43 of our Code ot Ordinances is amended to give our Code Enforcement Board lien 20 years of life rather than 5 years as they currently have and further allows us to recover costs and attorneys feell rolated to A foreclosure of a Code Enforcement Board lien. 8. A new Section 37.45 is created to permit our Code Enforcement Otf!.cers to issue citations tor code violations. Jurisdiction for appeals from those citations would be within the County Court and the system that i. flet up is very similar to that existing for parking tickets. Upon the issuance of a citation for a first violation the tines to be paid would be $100 it 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 tine 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 flnll.' Such fines would constitute judgments and could be enforced In tho;. manner of any other Judgment. If you have any questions concerning these changes, please do not hesitate to contact our office. JK:!w cc: Malcolm T. Bird, Interim City Manager Lula Butler, Director of Community Improvement Rich Bauer, Code Enforcement Administrator Code Enforcement Board " ", to'd to:~1 68'01 AON SSLt 8L~ LOt 'ON l3l 3JI~~O S,A3N~Oll~ A1IJ '.~~'!'i':~ ._~. ". , ..~_.,._. , , l I i I A " ; MEMORANDUM DATE: NOVEMBER 30, 1989 TO: MALCOLM BIRD, CITY MANAGER ~~ PAT CAYCE, HISTORIC PRESERVATION PLANNER STAN WEEDON, ASST. DIR., PLANNING & ZONIN~ APPOINTMENT OF A MEMBER TO THE HISTORIC PRESERVATION BOARD. FROM: THRU: SUBJECT; BACKGROUND Clemmer Mayhew is resigning from the HPB as of the first of January, 1990. His term will expire in June, 1990. It will be necessary for the Commission to appoint a new member to fill the vacancy. The HPB has reviewed the applications, on file ,with the City Clerk, of persons wishing to serve on the Board. At the November 17, 1989 HPB meeting the Board voted for the fOllowing applicants in order of choice. 1. Rose M. Sloan Mrs. Sloan has served two terms as President of the Delray Beach Historical Soc~ety and was a member of the Society's Board for five years. She has been active in state and local preservation efforts and has a keen knowledge of preservation ~ctivities in the City. The Board feels that her qualifications are excellent and that her experience in preservation will be an advantage and an asset. 2. Daniel H. Carter 3. Julie M. Morgan 4. K. Wayne Campbell Attached are the four applications. ACTION REQUESTED BY THE CITY COMMISSION To appoint a member to the Historic Preservation Board. This appointment is to fill an unexpired term which will expire in June, 1990. file/boardmbr . ~ CLEMMER MAYHE\I\ III [B REALTOR' 76 FIFTH AVENUE, S,E. DELRAY BEACH, FLORIDA 33483 (407) 272-8458 25 August 1989 Patricia Healy CHAIRMAN HISTORIC PRESERVATION BOARD City of Delray Beach 100 Northwest 1st Avenue Delray Beach, Florida, 33444 Mrs. Healy: Per my announcement to the Board .at the 18 August letter shall serve as my resignation from Preservation Board as of the December,1989 meeting. meetins, this the Historic Cordially, ~~ ~t:~:"~~~'I Vice-Chairman Historic Preservation Board Mavis K. Allred Principal S.D. SPADY ELEMENTARY SCHOOL 330 N.W. 8th Avenue Delray Beach, F10rida 33444 Telephones 243-1558.243-1559 December 4, 1989 Dear Honorable Mayor Doak Canpbell and City COlU1cil Members, We at S.D. Spady Elementary School have a special" Reading is Fundarrental Program" that is without flU1ds this year. For the past ten years, we have successfully distributed 2,000 books per year to our students. We would like to request $600.00 so we can continue our program. We will also look forward to you visiting during our book giveaways. We appreciate you considering our request. /~:: oi2t~P tJs'. ~vis Allred " Principal ;1/,tJ ,?"aukiJ.. /<,h:t:jab[ Ms. Laura Hatfield Media Specialist RIF Coordinator CITY OF DEL RAY BEACH BOARD MEMBER APPLICATION NAME WILLIAM V. AYERS 101 N.E. 5TH STREET, DELRAY BEACH, FLORIDA 33444 -- HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) t; 1 1\.1 C::WTl\.T"'f'lf"lN r..\iTO'1\lTTJ;" f)TO'T.Cn.V 'P.~n.("J.f .ELQFTnn. 11444 PRINCIPLE BUSINESS STREET ADDRESS, 'CITY, ZIP . ------ 276-2775 HOME PHONE 243-7922 BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING HISTORIC PRESERVATION LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (P 1 ease 1ncl ude da tes) NONE EDUCATIONAL QUALIFICATIONS UNIVRRSITY OF FT.ORTn/>. I>!lI.TOR Tl\l....AFC'HT'l'RC''l'TTRR . LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. ('l<'CrpTJ<'T~O ~~NC SEWIICEi .7\_a H9TJEINC PlEIL~I!.I'I'...7\.TIOrJ ~P'J:'(""TllT.TC:::rp GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Q~Q S~WQg~ iQU~n POOJFCT M"H~CE~ DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON TH I S BOARD. Hr."R RRC:'l'()R"',.., lIlTTM"'''OTTS liOTTS:e:c: m -W. P ~ ; ~R~;~~i MMII_"CER "'()R ('r.C:()lIl (,()'l''l'r.r-R R~C:TOR"TtON: 20 yi~ s I ~ON ~giINEi --- PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. _ ~I,,^-l. c~_LJ/l____ ~-r--k DATE I r , ,0 ~ NAME: HOME ADDRESS: MAILING ADD: PHONE: PERSONAL: EDUCATION: PROFESSIONAL VITAE WILLIAM V. AYERS 101 N.E. 5TH STREET. DELRAY BEACH. FLA. 33444 P.O. BOX 2351, DELRAY BEACH. FLA. 33445 407-265-1954 SINGLE PARENT, THREE CHILDREN ELEMENTARY: PRECIOUS BLOOD CATHOLIC & ST. JUDE CATHOLIC FORT WAYNE, INDIANA HIGH SCHOOL: CENTRAL CATHOLIC FORT WAYNE, INDIANA COLLEGE: EMPLOYMENT: 8-89 TO PRESENT 2-86 TO 8-89 1961-1965 PALM BEACH JUNIOR COLLEGE LAKE WORTH, FL. UNIVERSITY OF FLORIDA GAINESVILLE, FL MAJOR - ARCHITECTURE OLD SCHOOL SQUARE, INC. PROJECT ADMINISTRATOR/MANAGER LIASON BETWEEN THE OWNER AND CITY CONTRACTOR AND ARCHITECT. REPORTED DIRECTLY TO EXECUTIVE DIRECTOR WITH MONTHLY REPORTS TO BOARD OF DIRECTORS. RESPONSIBLE FOR COMPLIANCE WITH HISTORIC PRESERVATION GUIDELINES AS SET BY STATE AND FEDERAL GOVERNMENT. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIV. HOUSING REHABILITATION INSPECTOR RESPONSIBLE FOR ALL HOUSING REHAB FOR C-D DIVISION. REQUIRES IN DEPTH HOUSING INSPECTIONS, WRITING OF SPECIFICATIONS. ESTIMATING BIDDING OUT OF JOBS AND SUPERVISION OF WORK. ADDITIONAL DUTIES INCLUDE SECTION 312 AND RENTAL REHAB PROGRAMS AND QUALIFICATION OF CONTRACTORS. I t r , . WILLIAM V. AYERS PROFESSIONAL VITAE PAGE TWO 7-84 TO 2-86 NEIGHBORHOOD HOUSING SERVICES OF WEST PALM BEACH, INC. CONSTRUCTION REHABILITATION SPECIALIST 9-84 TO 4-86 9-79 TO 7-84 3-79 TO 9-79 6-78 TO 3-79 RESPONSIBILITIES INCLUDED HOUSING INSPECTIONS, SPECIFICATION WRITING, QUALIFING REHAB APPLICANTS, PREPARING LOAN APPLICATIONS AND FUND RAISING. AYERS PROPERTY MANAGEMENT MANAGED TWENTY (20) RENTAL UNITS IN THE NHS TARGET AREA FOR LOCAL PROPERTY OWNERS. RESPONSIBLE FOR RENTING INDIVIDUAL UNITS, WEEKLY RENT COLLECTIONS AND OVERALL MAINTAINANCE. SELF EMPLOYED AYERS CONSTRUCTION MANAGEMENT HOME BUILDING AND PROJECT MANAGEMENT OVERSAW CONSTRUCTION OF TWENTY FIVE HOMES IN PORT ST. LUCIE. THIS INCLUDED DESIGN, SALE, AND CONSTRUCTION MANAGEMENT. FLORIDA PLANNED COMMUNITIES GOLDEN LAKES VILLAGE ASSISTANT PROJECT MANAGER RESPONSIBLE FOR ALL CONSTRUCTION PHASES OF 300 UNITS INCLUDING LAND DEVELOPMENT, DESIGN COORDINATION AND CONSTRUCTION COORDINATION. RUBIN CONSTRUCTION CO. ADMINISTRATIVE ASSISTANT TO VICE PRESIDENT OF CONSTRUCTION DUTIES INCLUDED ASSURING PROPER MANPOWER AND EQUIPMENT FOR UP TO 25 LAND DEVELOPMENT AND ROAD CONSTRUCTION PROJECTS AT A TIME. I ~ f , , WILLIAM V. AYERS PROFESSIONAL VITAE PAGE THREE 5-77 TO 5-78 PROJECT MANAGEMENT CONSULTANT CRAFTSMEN CONSTRUCTION CO. OVERSAW COMPLETE CONSTRUCTION OF TWO STRIP CENTERS CINNAMON TREE PLAZA, WEST PALM BEACH PEPPERTREE PLAZA, WEST PALM BEACH HANDLED ALL PHASES OF PROJECTS FROM ARCHITECTURAL AND ENGINEERING COORDINATION. SITE DEVELOPMENT, BIDDING OUT OF PROJECT AND PROJECT MANAGEMENT DURING CONSTRUCTION. 10-70 TO 5-77 PERSONAL LAND DEVELOPMENT AND CONSTRUCTION MANAGED CONSTRUCTION INCLUDING LAND ACQUISITION, PROJECT DESIGN OBTAINING FINANCING, CONSTRUCTION COORDINATION AND SALES OF THE FOLLOWING PROJECTS. TRAILS END VILLAS, PALM BEACH GARDENS. FL. CANTERBURY GREEN VILLAS, STUART NORTH RIVER SHORES VILLAS, STUART THE VILLAGE OAKS VILLAS, STUART FOUR RIVERS. LUXURY HOMES, STUART POPPLETON CREEK RECREATION CENTER, STUART SNUG HARBOR COMMUNITY CENTE 4-66 TO 10-70 ARCHITECTURAL DESIGN BELFORD SHOUMATE ARCHITECT. PALM BEACH TERRY AND SCOTT ARCHITECTS, FORT PIERCE . I . . ~ f , . CITY OF DEL RAY BEACH BOARD MEMBER APPLICATION NAME !3P::!i-L71 E. ./ '~1.. '7' ~ 'J L, '. Zt..U.1S: t,J. ~,7}j~JII&. ').#~I-JY 8~ ;::)-~_a~45 HOME STREET ADDRESS, CITY'; ZIP (LEGAL RESIDE"NCE) C ':;:>, ~)V1A,' ,",'7V ~'7J c..HkWli:-TF t..;..;';~';;' I '. ';,;'~ /0' '/JS f:L. brJ(<.f-.Y .Ptr.4r:;di PRINCIPLE BUSINESS STREE ADDRESS, CITY, IP 4~';; r :f<if'? HOME PHONE ~f/- /"/t,s .n....rt:...b_ , . /Ij tlUEiINESS PHONE ~./ ~ !-(/.'~"Y'1 ~"k~ Open ON WHAT BOARDS ARE YOU INTERESTED IN SERVING LIST ALL CITY BOARDS ON WHICH YQ~ ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ~/{~/E EDUCATI?NAL_ Q?ALIFICATIONS ';fli..,_-;:')&1DiJVTIIJ:z /-::;2.2 ____ M.~..J::!..- ~/M~/.,)CLf:1.l, M',7 /~ {ff= ~_ . ~ ..........-r /-'~- ..M'.I UU.r;M,:- ~LJS/'Jb:-....:o. MG'7J E''''~,JJy,.o:; C fJ Y/--D---- LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD, .1/ "'..E , ___ _____ ~IV~ Y~UR 3.RE 5NT.. OR. MOS~"RECENT EMPLOYER. ANll jOSITION f'h'-~crr~,v~ _-/~. , ~l?X-~==-..1,~0_ -~:~~r-:;;~~ '. Cj~~~A7.-tf1.-./J"y'~.A_-"" ~ 'J/..::T~../. ...,...........""'-~'1-<' ... ~./... t5 r-.~ -J- ~~i;R~~;RDE.X~~~~~:;~A~_R-J;OWLE~.,GtLHI~~, QU~IFY ,,~U~ ~O SERVE.. O~ .cJ:"~-!~<-"#~_, -' -5 .,~,,~.~ ,- ~;.:*'$ ;';4L'~':j!V:';~"::-::;;I:'':'''' (~~~~ ::l.Aif.., "'-I; , :c 1/--' ..::7':./.....-.1. .. AA:.(:.../ .I-S..b" ~. ___ / " PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. QI~~l/C.&~?j SIGNATURE y;lN/A': ~ ~:?rt Ie; {r ___ I '. r , .. ,"'FH:(J IV/:. f.lUi. 1<",:.I:s.:::.. /IJ~ Resume of SCOTT CHARLES BECHTLE Pablo Point 13638 Cardona Drive Jacksonville, FL 32225 (904) 246-8558 OBJECTIVE: Born: December 22, 1950 Height: 6'1" Weight: 178 lbs. Excellent Health Seeking a permanent alliance with a progressive firm which can profit from my aggressive efforts in the area of financial administration and reporting systems. EDUCATION: ~NMOUTH COLLEGE, West Long Bra~~New Jersey 07764 Master of Business Administration (H.B.A), May 1975 Emphasis on Accounting and Financial Management Honors Graduate EXPERIENCE: June' 1985 to p~-"'Dnt- ~.,.. mt. January 1984 to October 1984 WAYNESBURG COLLEGE, Waynesburg, Pennsylvania 15370 Bachelor of Science in Business Administration - Accounting, May 1973. Member, Alpha Kappa Psi (National Honors Business Fraternity) Treasurer, Phi Sigma Kappa Vice President, Inter-Fraternity Council. STATE OF FLORIDA - DEPARTMENT OF INSURANCE Tallahassee. Florida 32301 Position: Assistant Chief Examiner Acting Chief Examiner (4-1-86) . Maintain full regulatory authority in the administration of Florida Insurance Laws relating to licensing, supervision and financial examination of ,some 1500 insurers. Coordinate countrywide solvency monitoring of all authorized, surplus lines, and reinsurers. Super- vise assignment and review of examination/audit process activities as NAIC southeastern zone secretary. Directly responsible for coordination of certificate of authority application process. Responsible for the compilation of the Department's Annual Report. Developed a comprehensive in-house financial/auditing training program. Represent the Department in official meetings dealing with insurance industry, regulatory and legislative matters. Work closely with all divisions of the NAICwith special interest in task,involvement for statutory reporting, asset valuation, actuarial reserving, reinsurance and solvency in general. Implemented an automated system of analysis of financial condition and, statutory compliance. Supervise and conduct investigative hearings regarding statutory violations. Supervise in excess of 100 employees in three functional areas. '- ENGINEERING AND PROFESSIONAL SERVICES INCORPORATED Shrewsbury, New Jersey 07701 Position: Vice President-Finance Had full responsibility for all financial reporting functions. Totally directed all budgeting and strategic planning operations and reported directly to and assisted the president in a majority of operations policy. Implemented a contract monitoring system for I , r , June 1981 to September 1985 October 1980 to March 1982 March 1979 to October 1980 key factor stuaies and Statement of Work (SOW) adherance to re- quirements. Responsibilities include all accounting and tax report preparation, contract proposal enhancement, and overall corporate administration. This was a one year consultant agreement contract with a prior employer. CINEMA tN' DRAFTHOUSE, INC. Jacksonville, Florida 32211 Position: President Operated one of the most profitable movie theatre/restaurant combination franchise operations nationally. Responsible for all profit and loss accountability, strategic planning and administra- tive operations. A truly unique and often copied concept, expansion was underway in both the Northeast and Florida markets. All interests relinquished October 1, 1985. THE CHARTER COMPANY CHARTER SECURITY LIFE, Charter Insurance Group, Inc. Jacksonville, Florida 32202 Position: Vice President/Director of Finance and Budgeting Responsible for all financial reporting aspects of the holding company directly supervising full control of nine subsidiaries including Charter Security Life Insurance Co. Was instrumental in profitability studies relating to new product development. as well as the corporate budgeting process culminating with the Annual Plan. Was a keynote contributor in the year end planning and presentation of Board of Directors reports. Administered monthly financial report presentations of all subsidiaries and provided executive management studies. Fre- quently undertook special projects including quarterly operational reviews and management reports systems (MRS). Participated actively in aggressive acquisition procurements. Demonstrated strong technical proficiency in a "take charge" environment while adhering to a rigidly structured schedule. THE PLANNING RESEARCH CORPORATION, Ft. Monmouth, New Jersey and McLean. Virginia Position: Configuration Management Administrator Responsible for Planning and Contract Support fo~ the Joint Interface Task Force Commander of the Joint Interoperability of Tactical Command and Control Systems (JITF-JINTACCS). Provided overall direction for planning test conduct. and measurement evaluation for achievement of Compatibility and Interoperability of the Military Services in a tactical environment. Supervised automation for monitoring and reporting of test compliance, results and subsequent recommendations to the Department of Defense (DOD) and various National Security Agencies as to test effectiveness. Additionally restructured and implemented a fully automated financial reporting system for contract adherence which was subsequently adopted by the Defense Contract Audit Agency (DCAA). Maintained an extensive client interface as direct liaison with the Joint Service Office. Nature of work was sensitive to National security and held a security level at or above TOP SECRET. I . r i t ~ February 19i7 to March 1979 June 1973 to February 1977 June 1976 to 1980 COMMENT: REFERENCES: PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY Corporate Office, Homdel, New Jersey 07733 Position: Senior Financial Planning Analyst Responsible for complete administration and coordination of the Annual Plan, projecting in excess of $800 million premium volume. Directed development, compilation, and implementation of all financial planning guidelines which determined final profit and 16ss projection results. Responsibilities included administration of accounting functions, ratio analyses, evaluation of agent efficiencies, initiation of sales and market research studies and long range forecasting. Possess in depth knowledge of claims, underwriting operations, and financial management procedures through self-initiated departmental rotations. Excellent oral and written communication skills with all executive levels. Successfully conducted management conferences and participated actively in various Board of Directors presentations. SHREWSBURY MOTORS, INC., Shrewsbury, New Jersey 07701 Volkswagen of America/World-Wide Volkswagen Corporation Position: Controller Responsible for complete financial management and general accounting functions. Supervised full financial statement preparation and analyses. Restructured and implemented budgeting techniques, sales forecasting, and market trend strategies. Automated all financial and inventory systems and received Commendation for Excellence in Business Management, 1975 and 1976, from World-Wide Volkswagen Corporation, Volkswagen of America, Inc. BROOKDALE COMMUNITY COLLEGE, Lincroft, New Jersey 07738 Position: Associate Professor (Part-Time Evenings) Curriculum: Accounting, Business Management and Economics Personable and energetic. Excellent oral and written communication skills. Promptly furnished upon request. I r ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION PAUL RICHARD BRAUTIGAN --- NAME --.--------.- 2877 S.W. 2nd Street, Delray Beach, Florida 33445 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 80 Depot Avenue, Delray Beach, Florida 33444 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP (407) 243-7944 HOME PHONE (407) 272-9086 --- BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Historic Preservation, CAB Human Relations, Housing Authority, ----- LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None .------- EDUCATIONAL QUALIFICATIONS R ~rr--in...Arrnitprtl1r~' ~tl1i1;Lea.-Fla~.A&M University --B._ -Ar.c.'hi t'~f"t-UI:.e...,.....- Al,h1,rn TTni'7P"'~i..t.y_ ____._______._______________ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. . ~eg:r stereaArCiiTtec f -r-"FI'ofrdij";--c;-e-r'nrrea JluHd mg -orn:car--- -- ------ -- _______ ------------------------------- GIVE yo,UR PRESEN.T, OR MOST REg:ENT EMPLOYER, SAND POSITION Pres1dent, Archltect, Owner, GR UP ARCHTTECTURE OUTH, INC-. _. - --------- ---r-- ---- -..- '----~ DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. Experience llrl176W-l[ffCOfuE!lrous~ng, rt~sror~c treservarion,ltesidenc of South ~lorlda 38 ve, -----------~-- ---------- ----------- ---- -- ------ PLEASE ATTACH A BRIEF ~ESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLI ATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY REC IVE. -.-------- - _. ---------- ----- - ~lJt, J~:L- _ _ _._ _ ____ ___ __ ;.Lt DATE I , r f . ~ , , ==--=-~=-=-:.-GAS About Paul Richard Brautigan------------- Group ==::ArchitectllTP South Inc. with over 20 years experience in Southern Florida, Mr. Brautigan has been in private practice over 4 years in Delray Beach. HOlding Architecture degrees from Florida A&M University and Auburn University, Mr. Brautigan has designed over 4,000 housing units and buildings as tall as 36 stories. . P. Richard Brauugan Architect A native of Ft. Lauderdale, Mr. Brautigan brings his philosophy to bear that buildings should be sensible as well as belong to the site they occupy, Having designed an extraordinary amount of diverse building types from a native 'Cracker House I to the highly acclaimed Saint Demetrios Greek Church in Ft. Lauderdale to the wonderful Gold Coast Railroad Theme Park at Metro Zoo. Currently, Mr. Brautigan has purchased the historic Seaboard Air Line Railroad station in Delray Beach and has started the restoration of the building for the relocation of his firm, Group Architecture South, Inc. Group Architecture South, Inc. was founded in Delray Beach in 1983 by Mr. Brautigan and currently maintains a staff of 2 architects, 4 technical support personnel, I field manager, 2 interior designers and 2 clerical supports. The reputation of Group Architecture South, Inc. built on the highly creative Architecture of Mr. coupled with the technical clarity and completeness of the firms Construction Documents. has been Brautigan technical Mr, Brautigan was selected as Architect for the personal houses of such notables as Edward Ledder, Chairman of the Board of Abbott Laboratories: Warren Thomson, an internationally known Wall Street trademark attorney: J. Allen Jones, former corporate counsel of Eastman Kodak: Colonel Robert Conlin of NASA, Jack Gaines and Nathan Miller, prominent South Florida Developers: Jerry Baxter, President of Corporate Design Interiors. Architecture Land Planning Graphic Design Models Golf Course As Frank Lloyd Wright so aptly stated, "Give back the sloganArchltecture I a good copy is better than a poor orig inal' - to those whose desire for success out-measured their capacity to perform and who framed it in self defense," I A close examination of Mr. Brautigan's architecture reflects the originality, principles and truths of which Mr. Wright spoke. 100 East Unton Blvd. Suite 202-A Delre)' Beach, FL 33444 (306) 272-9086 t '. r , , ~ , The following Client List demonstrates di verse types of individuals, developers, Group Architecture South, Inc. Nathan Miller - Developer Jack Gaines - Developer The Babcock Co. - Developers Versatile Investment Properties - Developers Restaurant - Delray Beach Lennar Homes - Developers Diamond Equities - Developers Gold Coast Railroad Museum Greek Orthodox Community of Broward County Edward Ledder - Chairman,Abbott Laboratories Warren Thomson - Trademark Attorney J. Allen Jones - Attorney,Eastman Kodak Whitehill Developers Steven Whitehill - Developer Henry Whitehill - Developer Hobe Sound Associates - Developers Holiday Inns of America Jerry Baxter-Pres.,Corporate Design Int. Richard Bagdasarian - Attorney Castle Lake Corporation Kissimmee Station - Kissimmee, Fl. Louis Vitale - Attorney/Former JUdge ,.. ----GAS Gt-Gllp ~rmU:ecture. South Inc. the unique and etc. who found P. Richard Brauugan Architect Personal House Personal House Cloverbend Windwood Po Folks Boca Chase Diamond Plaza Theme Park Church Personal House Personal l1,ouse Personal House Hampton Club Personal House Personal House Hobe Sound Golf Club Hotel - Maimi Personal House Personal House Apartments - Akron, Ohio Railroad Station Rehab. Personal House ArchItecture land Planning Graphic DesIgn Models Golf Course ArchItecture ( 100 Eut Unton Bh'd. Suit. 1l01l-A lJelraj' !leach. tL <13444 (:lUll) 1171\o!IU/lIl I , r ~ ~ C~TY OF DELRAY BEACH BOARD MEMBER APPLICATION Christine B. Bull NAME w Lane Delra Beach Fl. 33483 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) , 170 N.W. S anish River Blvd. Boca Raton, Fl. PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP 3343 I 278-1214 HOME PHONE 395-9417 BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING H1STnRTr PR~S~RV~TTnN Rn~Rn LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSL SERVED (Please inolude dates) current 1 . Was a member of the Boca Raton H1stor1c Preservat10n Board in the early 1980's when we lived 1n that C1ty. EDUCATIONAL QUALIFICATIONS B.A. Tulane University; New Orleans, La. . LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. NONE GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION self-ern 10 ed. Owner/Partner Brown & Bull Marketing, Inc. , DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU. TO SERVE 01 THIS BOARD. Interest in antiques and history. Presently restoring our home (1937)in De1ray. Mo~ho~'nal~~~ ~^~~h u:r~ori~~l c?~igt; PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AN! UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~~tS~ IGNATURE S}0!U / / DATE ( , . I ~ .' ! WORK EXPERIENCE: Christine B. Bull 1209 Sandoway Lane Delray Beach, FL 33483 ~', (407) 278-1214 1/1/88 to present: ""_"~m__.___ --....---- - President and partner, Brown and Bull Ma r k.,€~ i n g, I n c . A d v e r tis in g, Pub 1 i c ---aelations, Marketing firm. 170 N.W. Spanish River Blvd., Boca Raton, FL 3343 I (407) 395-94 17 11/1/86 to 12/31/87 Sole proprietor, Chris Bull Marketing. Apv~J~ising, Public Relations, Marketing firm. 2244 N. Dixie Highway, Boca Raton, FL 33431 (407) 368-8509 12/84 to 10/31/86 5/83 to 12/84 4/78 to 4'/8~ 11/75 to 3/78 11/74 to 10/75 1/73 to 5/74 Advertising Director, Boca Raton News. ~~sp~nsibi1ity for 35 person advertising division of daily newspaper. 33 S.E. 3rd Street, Boca Raton, FL 33432 (407) 395-8300 Advertising ResP.Qnsib1e advertising 33 S.E. 3rd . Manager, Boca Raton News. for display department of division of daily newspaper. Street, Boca Raton, FL 33432 (407) 395-8300 .. ""-Clas"'s""ified Advertising Manager, Boca Raton . New...., Responsible for c1assifed department of advertising division of daily newspaper. 33 S.E. 3rd Street, Boca Raton, FL 33432 (407) 395-8300 Account Executive, Boca Raton News. Responsible for generating advertising sales for display department of advertising division of daily newspaper. 33 S. E. 3rd Street, Boca Raton, FL 33432 (407) 395-8300 ---.--.....-- ~~~ount Executive, Daily Sentinel Tribune. Responsible for generating advertising sales for display department of advertising division of daily newspaper. P.O. Box 88, Bowling Green, OH 43402 (419) 352-4611 Classified Advertising Supervisor, Boca Raton News. Responsible for generating sales for classified advertising department of daily newspaper. 33 S.E. 3rd Street, Boca Raton, FL 33432 (407) 395-8300 ~ . . \,., I I; , I I CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Daniel H. Carter NAME 118 NW 11th Street Delray Becah, Florida 33444 - - HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) Mailinq address: P.O. Box 1131 Deerfield Beach, FI~~ida 33443 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ------- 407-272-9621 HOME PHONE 407-272-9621 BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Historic Preservation Board LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please inolude dates) Mr>nrop rnllnty Hiqhw"y Be"utification CQmmittQQ{1ge3 1ge~} EDUCATIONAL QUALIFICATIONS of-~ll"'\""; ~:::a R:::a("Ohplnr~ nf r.i=lnci!=;~ane ArchiteQt~University . LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. Registered Land~E2~~_3E~hitect State of Florida ------ GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Self-President n?T-1j~l...H.-r.::ilrT,::lor. T,.::iIn",...c:::::app Ar,...hipl""~!=;r Inc_ Desiqn and Build Landscape :arron;+-o,...+-IlT"'O -Firm in nplr;::ilY Rp;:tl""h. Flnridn DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. Tntprp~t in m"intainina and furthering the historic ::ll'l""("hirof""lt-llro in Flnrin.::il PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND TAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- ION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY E. \o.?~~ ~ =--~----- DATE I r I . DANIEL H. CARTER LANDSCAPE ARCHITECTS, INC. P,O, BOX 1131 DEERFIELO BEACH, FLORIDA 33443-1131 407-272-9621 RESUME-Daniel H. Carter Graduated University of Florida-Bachelors in Landscape Architecture, 1978. Landscape Architect and Associate with Dale R. Baldwin, Landscape Architects, Tavernier, Florida, 1978-1985. Landscape Architect and Project Director with Skiff's Workingmans Nursery, Coconut Creek, Florida 1986. President and Landscape Architect, Daniel H. Carter, Landscape Architects, Inc., Delray Beach, Florida, 1986-1989. .. I '. , f , , . c~ ,., 'r Q 0 "1 1'1'S<;, 0,,-, (,T" ~I.-EI(I< L1 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME K. Wayne Campbell 314 N. Swinton Ave., Delrav Beach, FL 33444 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 161 N. E. 2nd Ave., Boca Raton, FL 33429 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP --- 278-3772 HOME PHONE 368-0055 BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Historic Preservation Board LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None EDUCATIONAL QUALIFICATIONS Not applicable L__ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. GIVE YOUR PRESENT, OR 110ST RECENT EMPLOYER, AND POSITION Fiduciary Research, I~c., Forensic Genealogy __________ DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. Have been associated with antique business since grade school. Mother ,had antique business. Also. with mother, bought and _ restored a 1900 house, the first one to be restored in our area_of N.C. We were instrumental in getting a number of other people in the area to PLEASE ATTACH A BRIEF RESUME. restore some of the historic homes in the area. * I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. 5-11-88 DATE *Last ecember I purchased the old Schmidt home at 314 N.Swinton Ave., and have restored it. --- . " r I I , Education Work experience Present employment Personal information , KENNETH WAYNE CAMPBELL 314 North Swinton Avenue Delray Beach, Florida 33444 407-278-3772 Graduated from West Brunswick High School in Schalotte, North Carolina, in June 1979. Decided to go into investigative work rather than enroll in college. Interned two years with Virginia Snyder, Inc., a private investi- gative agency in Delray Beach, FL, then received an investigator's license (#1989C). During more than four years with the above agency, worked on criminal and civil cases, ranging from child custody to murder. Worked on various undercover assignments, some lasting several weeks, including working as a waiter in a child-abuse case and as an orderly in a nursing home in a dispute-over-estate case. In most cases, worked with attorneys -- some- times we were court-appointed -- but also worked with clients where no attorneys were involved. Fiduciary Research Associates, forensic genealogy, in Boca Raton, FL. Born 3-26-61 in Winchester, VA. Unmarried. Went to school in North Carolina, resident of Florida since 1980. I am interested in preserving historic buildings and districts, especially in Delray Beach since I purchased the old Schmidt house last December. Living in the historic district, also gives me a reason for wanting to be involved with the Historic Preservation Board. From the time I was in grade school, I grew up working in my mother's antique shop. I helped her restore a 1900 house. I also helped restore, or assisted owners to restore, other houses in our community. . , . f j I , ! ;'~- -I :J "l/( . IqOO~ ".,~,.-;.;.",..:t"'-" , ,"\. .~.....~.. of: ._~.. ".', -,' , , ( .~ '~" " ,v, , .,: ...... ~. / -;:./;~-"\' \~~;,~"",.,,; /~ j~ ' '.. "_J 1'.._'_ ..,- - ", . " ~.. .'. ., " -'1, .' .. 1 ,,~ ~,~.'" ~""'" ' :::::: I~~ . =~, ~'iI'I.~'~~~. ,- ..~.... JIIJ/lt L;,_ _ ,; I l,. f , . ~ ,\ \. k{-v-.. ,) - (900 U ' k -"-- .l~ .,J t' ."~. ,'('" ~.:~. i . ,) \ - - ,'" . , ," .-7" , . " ;1' 'I.,. f I , '. r r - ~/( !qod~ ~ , ,I , ~ ," ~ I ;' " '.1, ( \' , ( '.:...- I .........- , . r ~ JLD SCHOOL SQUARE HISTORIC DISTRICT PROPERTY OWNERS ASSOCIATION b(ll( ~ fi.t.L'EIVED MAY 24 1988 ~. May 20, 1988 CITY MANAGER'S n',ICE f/ Jear Fellow Associations: With this letter I would like to introduce to you the newly- organized Old School Square Historic District Property Owners Association. We have elected officers, appointed co~~ittees and identified and acted on several pertinent and timely issues. , Our goal is much like your own -- to improve the neighborhood through community support, informed awareness and group encouragement. Our job ahead is of significant importance to your neighborhood specifically and to Delray Beach as a whole. Our Historic District will be the hub of Downtown Redevelopment and neighborhood revitalization. It is at this time that we ask for your support and help in accomplishing the task before us and we pledge ours to you. On May 18, representatives from Lake Ida, Pineapple Grove, Del! Ida and our Historic District met to discuss common problems and objectives. This type of group interaction is of major importance. Such improvements as landscaping and upgrading the appearance of Swinton Avenue should be dealt with by combined efforts. The issue of the Publix/Eckerd shopping center on Northwest Second Avenue was discussed and by joining forces a positive result may be achieved. At the meeting, I suggested to your representatives that all pertinent correspondence which has bearing on adjacent neigh- borhoods be sent to association heads and that lines of communi- cation be'wide open for the exchange of ideas and suggestions. We are presently backing the appointment of Mr. Wayne Campbell for the Historic Preservation Board. He is a founding member of our Association and would represent many concerned citizens throughout the community. We would appreciate any efforts on your part in support of his appointment. Our next meeting on June 16, 1988, at 7 p.rn. will be held at 314 North Swinton Ave. A representative from your association is welcome to attend. Again, we ask for your support and offer ours for the betterment of our community. Sincerely, ~'~~~ ~C:. W. 8aR.Rl.j , Crr:l.f rJ.a~fL Tll./V\(!h. ~~A Ann Merlau Fulton President . , , '. f " , ~ ~ {{J/; 7;/! 3zwscrl- If ME /... () C- HOME STREET ADDRESS, CITY, ZIP CITY OF DELRAY BEACH BOARD MEMBER APPLICATION PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP lIt1r -1 yYg? HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING 1:; n,vc; C)7>E 1/ m/ND F7'. fl. ~ --f-n A-Pi/ Y R. t'::)A@ /) ( LIST ALL CITY BOARDS ON WHICH YOU ARE~gURRE~LY SERVING OR HAVE PREVIOUSL SERVED (Please include dates) ~IJV~ EDUCATIONAL QUALIFICATIONS 11.11/0 S74-TJ: t(,.}... U. OJ:: ('" AJ N . HOLD. GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, .~~~'"~IIl7j%'~4~{P i --, DESCRIBE EXPERIENCES, SKILLS OR KNOWLE GE THIS BOARD. ' F r\ ~,'yD L rVl f7.+ .p.~ro:~;~~.....-; ~~~"'r/o.r/\ I "::>tte..i/~D Cl- Y/J.S ;I~ c A- 7"R ESIl:> e/Vr- t:)r-,..V1.I 0 WI E/V ~ PLEASE ATTACH A B11'r'EF RESUME. C'Ltu3 C5 r L/1S VEI?j)~~ - ':;2_ 5J;fC.U ED I V fi- h 5;;;CtR.~y 0/\/ L/Jt.lR.,FLt/Ji::s. J.XJ/#. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMtNTS ARE TRUE, AND I AGREE ANI UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP. PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOIN'l'MENT I MAl RECEIVE. Q~E AND POSITION f: 1f;:i:7/i?~ ;::;. L./'::, /) ~ EP U .t--~ A.. < h/ff'Fr' , DATE ~ ~ . '- r I " , , CITY OF DELRAY BEACH BOARD MEMBER APPLicATION ~4 A l fJ NAME A. Lvs.~ sc.. -S, Dce-",,,", Q\.J , CJ~~ ~~ ~"?:''i 'dS HOME STREET ADDRESS, CITY, ZIP (LEGAL SIDENCE) ~ 0 8,ox \ q z. OJ." \le c-cL ~t..(:13: PRINCIPLE BUSINESS STREET ADDRE~CITY. ZIP 2-::~...(., - 0 G\, -z..8 HOME PHONE ON WXT BOARD't- ARE YOU. INTERESTED IN SERVING clcr<", c-"::.J.r_cj-I..o",," _ "2-1-<, - 0 a.. 28 BUSINESS PHONE ~\"'~"~_ ~ 2-c>':\_~ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFIC~TIONS G:.A S', ~,q'\,-~ - :S~ Jt-ol...--~<;_".',]; ~~ So.. ul - t:>lv;::-os...... ({k,lr ~l~_ " ,Jr.I~\i , LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. --.---- ~IVE YOU~I PR~SENT, O~, MOST RECENT EMPLOYER, AND POSITION PJCl\.~\..u- k f'J'J",r ',\....... 1'i,J..-,~<- ~~." ,SKILLS OR ~NOWL~DGE WH~I~H~ QUALIFY~OU TO AERVE ON ,,", ... - ~~" _~",,~o\.J1. ,.,... I.cor~ . t:'ro ,- Al '((.. l d,- c.vrr....._k 0.' p~~I.~V ~ € -l"<. \ '~.l<-~ T k~~ \...c.,",- h:.~...::..~ ~_I..."...\J.l'j ~<>-l< 4~ c.,..-cl.. ~Ic... "po r" ~ \- ....v.....k.j,..',~~! PLEASE ATTACH A BRIEF RESUME. l d.....:'-'..,""'-~, I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND UNDERSTAND THAT ANY M1SSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART .OF ANY APPOINTMENT I MAY RECEIVE. ~ ~L_____ IGNATURE -~L \0 !-.J.:i..li.____ DATE I '- r f , ~ CITY OF DEL RAY BEACH BOARD MEMBER APPLICATION -- CONNIE MAC KENZIE NAME 38!9 Lowson Blvd., Delray Beach, FL 3344~_ HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) Florida Atlantic University, 500 N.W. 20th St., ~_~~ton, FL PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP 33431 -.--.----- (407) 498-3819 HOME PHONE (407) 393-3137 BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Historic Preservation ROArd-~-Lir~t r.ho~ PlAnning & Zoning BO~~~d choice LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSL SERVED (Please include dates) N/A -- EDUCATIONAL QUALIFICATIONS Uniy~~sitY.-Accountincr majQ~ B.S. Decrree from Flo~~_~iant~ ~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. N / A--, ________ __ GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ___ Director~_Qtfice of Space Utilization & Analysis. Florida Atlantic Universitv. Boca Raton DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE 0 THIS BOARD. Historic Preservation Board - In~sted in keeping buildings/areas which haye historic value from being destroyed/replaced. Planninq & Zonincr Board - Hav~ vested interest as homeowner in making De: Beach the best it can be. In current position, have worked on Master Pl, PLEASE ATTACH A BRIEF RESUME. for FAU and am consultant for building progra committees. I, HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AN UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MA RECEIVE. ~-~~.L SIGNATURE' ( _->ill.n~ 14. 1988 ___ DATE I , '. r , , Constance C. MacKenzie 3819 Lowson Blvd. Delray Beach, FL 33445 June, 1988 (407) 498-3819 Residence at above address for approximately II years. EMPLOYMENT EXPERIENCE Director, Office of Space Utilization and Analysis, September, 1984, to present. Responsible for planning, organizing, and directing the Division of Spac'e Utilization and Analysis, Florida Atlantic University, Boca Raton, Florida. Schedule and Space Administrator, Office of Space Utilization and Analysis, Florida Atlantic University, January, 1984, to September, 1984. Staff Assistant to Registrar, Florida Atlantic Univer~ity, July, 1979 to January, 1984. Staff Assistant for Dean's Office, College of Education, Florida Atlantic University, April, 1972, to July, 1979. Several secretarial positions in various department~ at Florida Atlantic University, 1968-72. EDUCATION Bachelor of Science Degree awarded August 10, 1984, with a GPA of 3.55 on a 4.0 scale. Program of study in Accounting and Computer Systems. Florida Atlantic University, Boca Raton, Florida. Associate of Arts Degree received from Palm Beach Junior College, Lake Worth, June 1980, with a GPA of 3.85 on a 4.00 scale. PROFESSIONAL AND COMMUNITY ACTIVITIES Member of League of Women Voters, South Palm Beach County Member of Delray Beach Historical Society Member of Sherwood Park Civic Association PERSONAL DATA Height: Health: Hobbies 5 feet, 4 inches, Excellent and interests: Weight: Marital Woodworking, 118 pounds Status: Married gardening, physical fittness I ; , , r 1 ~ ~ , , , i ..,...;.,. ".. - JUI~ 15 \98e CITY ~ii,;'M~t~,' ' - . '-!'..:- 3819 Lawson Blvd. Delray Beach, FL 33445 Mr. William Barry City Manager De1ray Beach, FI 33444 Dear Mr. Barry: Attached is my application to become a board member of one of Delray Beach's city boards. Also enclosed is a brief resume as requested. I am interested in becoming more involved in the governance of our . city and would appreciate being considered as a member of one of the committees noted - the Historic Preservation Board or the Planning and Zoning Board. Thank you for your consideration of my request. ~relY_~ ~. \ U~d--?'t-7f,.A..lJ //?~_~ Connie MacKenzie att. ~ , , r , ~ ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Ju~.morgn() NAME H~~qT~ET~~~~C{i~{IP ~~YREr;::;:;~~ ~o44'-t ~m. CDaa:hn In.Tc?r~ 4e-, N.. 5w1n '(Yl ~..t-...OzlI'Z2\l ~ '~ PRINCIPLE BUSIN'tSSSTREET ADDREss, CITY, ZIP ~ ' ~~ 2fL,6 -OCJ7A OME PHONE ~~ BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED ~ SERVING ~--l Lc;,_-':13z~rVCl+JQI') L&LoI[Q LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) - ncnq-- EDUCATIONAL Q~LIFICATIONS 6. 9. ~~rJ .~~ ~X2..~~",it rnllC29D- c V i~lln.1 ~-.. . I i CO""" . - - LIST ANY RELATED PROFES~IONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. "I haUl? 9(lf'Iiod__to.l:__.lrL'l---:Jt-rrtcz Lit""t?n-v:::> and -J'1)2Q"Dqr:o"Jhi(1 i 1"'\ A .5.I.D. GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION -.Jul ia.-1Tl-:....ffiQrTf'\ I n.p,rit'H'5 } .l.o..ft?.rinr- ~i9nO'.rJ 0 wnC2r f~L;t:gj~~~~~~~~ PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. -jU.lJ J; Cn) 1./1) (1l?n_ SIGNATURE I ------J~/~:t____-_--- DA~ I r i . JULIE M. MORGAN ADDRESS DATE OF BIRTH EDUCATION JOB EXPERIENCE EXTRA CURRICULAR ACTIVITIES RELATED ACTIVITIES REFERENCES 450 N. Swinton Ave. Delray Beach, Florida 33444 (407) 265-0078 , February 18, 1960 Ft. Lauderdale, Florida B.S. Degree 1982 Florida State University College of Visual Arts Major in Interior Design A.A. Degree 1980 Florida State University High School Diploma 1978 Boca Raton Community High School Boca Raton, Florida Julie M. Morgan Interiors, 1988 - Present 450 N. Swinton Ave. Delray Beach, FL 33444 Interior Designer Oriole Homes Corp" 1986 -1988 1151 N.W. 24th Street Pompano Beach, FL 33064 Asst. Interior Designer Delray Beach Historical Society 1988-1989 Unity School PTO 1988-1989 Kappa Kappa Gamma Sorority Offices held: Activities Chairman Social Chairman, Member Nominating Committee 1980 Deans List Fall 1981 ASID Student Member IBD Student Rally 1982 High Point, North Carolina European Study Program 1981 Florida State University Hotel and Restaurant School Countries visited: Switzerland, Germany, Italy, France. Greece, England Transcripts and/ or references available upon request. I r , .. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME ROSE M. SLOAN ( MRS. JOHN NICHOLAS SLOAN, III) _ ~02 RYE LANE - DELRAY BEACH, FLORIDA 33444 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 425 S.E. 1st. AVE.. DELRAY BEACH, FLORIDA 33444 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP HAGEN'S}., INC. 278-317~ HOME PHONE 276-4913 BUSINESS PHONE PRESERVATION BOARD ON WHAT BOARDS ARE YOU INTERESTED IN SERVING LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None EDUCATIONAL QUALIFICATIONS Two years college, Independent studies LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. Cllrrent..lY beinlZ certj.n..I~.Ljj,~_Jj.~~<W painting contractor by Palm Beach County __lliM~i...nlZ Board. GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION President onrl Ge~~l_~~~ of Hagen's. Inc. In charlZe of all painting contract negotiations and operation of business. DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. Interior and Exterior design knowledge. Thorough knowledge of painting industry and use of paints, et~. Fifteen years experience in the pa~nt~ng construct~on field. Past President of the Delray Beach Historical Society. Board Member of same for more than five years. Resident of DelraY-Be-ach for forty-nine years. PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. i2 ,1M . rStop) _____ SIGNATURE November 7, 1989 ------ -.-------- DATE I . r I t \ Roofs-f"':itios Cleaned and PaInted Wallpaper Sold And Applied HAGEN'S, Inc. Re:aiJ PIIi,,:s - PiIin:mg COftIril&IM DELRA Y BEACH. FLORIDA ll444 425 S, E. J st Avenue Suite E November 7, 1989 Phone 276-4913 To Whom It May Concern: My name is Age: 50 Married to Children: Business: Rose M. Sloan DOB 2-1-39 John Nicholas Sloan, III twenty nine years 3 daughters President and general manager of Hagen's, Inc. , Licensed Painting Contractors. (Currently being certified to operate under my license. We now operate under J.N. Sloan, Jr. license) Also Partner in firm. Experience: Fully experienced in painting and decorating field of painting and wallpapering. Thorough knowledge of, estimating and negotiating contracts with on-sight construciton and blue prints. Also retailing knowledge with fifteen years experience in the above fields. Education: Two years college and on-going independent studies in the painting and decorating fields. Community Service: Served two years as President of Delray Bea~h Historical Society, five years on board of same. Member of Visions 2000 Steering Committee. Member of Delray Beach C. of C. Attended state level preservation con- ferences and seminars. Past chairman of decorations to Bethesda Hospital Ball. Past chairman of Cason United Methodist Church Administrative Board and presently a member of Board of Trustees of same. As a long-time resident of Delray Beach I have seen many changes over the years. It is my desire to continue to live in Delray Beach for many more years. I want to see the ~uality of living in Delray constantly being upheld and upgraded where needed. To preserve the history that is here and'make it a contributing part of our city in both appearance and economic growth is very'important. I believe in Delray Beach and I want to serve in an area where I know that I can be most effecti ve. /) 111 ('/) ;tit, I ,{) IJ ,ITfr) (b.J IJ/io. , I II . . ~ r j ~ ~ , CITY COM MIS S I 0 N-' DOC U MEN TAT ION TO: ROBERT A. BARCJNSKI, ASSISTANT --"- "~, . ~----- ~ .,;/ .~~-~--. .<::__c FRANK R. SPENCE, DIRECTOR VELOPMENT SERVICES GROUP CITY MANAGER , VIA: FROM: ~\4~ D ID J. OVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 28, 1989 CONSIDERATION OF THE SITE AND DEVELOPMENT PLAN FOR THE PROPOSED "RENAISSANCE ON THE OCE1\N" RESIDENTIAL DEVELOPMENT. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a site and development plan for the proposed Renaissance On the Ocean residential development, a 16 unit complex on A-I-A, south of Linton Boulevard. BACKGROUND: This is a straightfc>..ldCl.rd site and development plan item. The proposal conforms w~th codes no variances or waivers are sought. Please refer to the P&Z Staff Report for details of the proposal and its analysis. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board acted upon the site and development plan at its meeting of November 20th. A recommendation of approval, subj ect to conditions, was forwarded on an unanimous vote. COMMUNITY APPEARANCE BOARD CONSIDERATIONS: The C.A.B. has approved the preliminary landscape plan and elevations. RECOMMENDED ACTION: By motion, approval of the site and development plan for the "Renaissance On the Ocean" residential proposal based upon findings by and subject to conditions as recommended by the Planning and Zoning Board. Attachments: cover sheet from the P&Z staff report reduced copy of the proposed site and development plan a full staff report is available in the City Manager's , Office REF/DJK#55/CCREN.TXT \\ rLANNING 8. Z' CITY OF CELRAY \JING BOARD BEACH STAFF REPORT MEETlNG Mu:: NOVP11BER 20, 1989 AGENJR lTaf: IV.C. r TEM: 11IE RENAISSANCE ON 11IE OCEAN, 16 UNITS ON A-l-A SOUTH OF LINTON s~ )... , I t \ 32 I. L i 1!I'l GENERAL DATA: Agent................ ...... .....Mark D. Rothenberg Owner. . . .... . . . . . . . . . . . . . . . . . . . . Renaissance Associates LOcation........................East side of State Road A-l-A (Ocean Boulevard), just south of Linton Boulevard. Property Size...................l.l Acres (47,916 Sq.ft.l Existing Land Use Plan..........MF_15 (Multiple-Family _ 15 units/acre) Proposed Land Use Plan......... . Medium Density _ 5-12 dwelling (Comprehensive Plan) units/acre City Zoning........... ......... .RM-15 (Multiple-Family Dwelling District) Adjacent Zoning.................North, south and west of the subject property is zoned RM-15. East is the Atlantic Ocean. EXisting Land Use...............Vacant land Proposed Land use...............construct a 16 unit condominium development Water Service.................. .Existing 6" water main located along the east side of State Road A-1-A. Sewer Service. ..................Existing 12" sewer main located along the west side of State Road A-I-A. ITl!Ml IV.C. '(, t:~ t ;i.. !!-: ------ ~' . " I I r ,1 !I z \--- - - II r-- " ifl !' It " f 1 i:' . .. t ,I ' ;' .. 'j ) I J ~.-i n . I r; . (? r': f'~ ,.!,r~~:, [Iry DF DELARY BEREH F ~f, .;W; ,: ,~ -:i~:'c~.,.. * '.' CITY ATTORNEY'S OFFICE 310 S,E. 1st STREET. SUITE 4 DElRA Y BEACH, FLORIDA 33483 407/243,7090 TELECOPIER 407/c7R4 755 MEMORANDUM ('0~~FlDF,,'TIAL T'-atC' . "OVPrrlhp]"' Jr, 1~89 ,-'i~'~ r"""'!T':;sr:ion r~~r.n. ; ;tr,;'h.~.!,+ ~<'. A. T}~jpJe, ritv P,_ttorT1p...;r <:"";I:\('t. c';+:'~' r.... Ppf:parCD ~l1cl Findinvs Concp!"rdT!V f'it"l;l'-OWT1P(1 T'~'r.l')prt~ps ':~ P}0C1- ~~ frpntr2! Fire ~tation) a.nd TJots "7-1f, F10cJ.:- "4 {rt'r~prd .; I'T!nl~ ;r'llrt ~itp Attrc1F-r }--lP,"0t0 4-f)J' ~.l'nur rpview fl.T'.(1 consideration, nle8.sP !'in0 an C'11nlnn lpttflr 1'pr(erp0 to tnp Cit~' Attorne~r's Office hy our outside COllnRel cnr.cerl1- i!"f" thp t;!lp status "f thp City-owned propertips l0cRteo P.t Blo~Jo: 52, tt-e ('pnt,.DI Fi,.p i"tr.tirr, and Lots 7-16, Block 44, the current Cit,. tpnniR court Ritf'. In Jig-ht 0,' t)1p research and recommenoations c0ntained in 'V'r. nnnev'R l"tte1" of Oct('bpr 8c. 1989 we b"Jieve this matter reerls to be placer' on thp I1P:vt pvaiIa.blp eih, ('''",mission meeting for further {'liscnssion al1d cirpction to the City Attornev's OfficI' Il.no our outsid" counsel for pursuit of ('Iearinf" thp "clone's" nn the title in this matter. P s to the Plock 52 matter, you will note that it is Mr. Donev's recomm"nc'B- tinr: that the eit" remove an~r "cloud" on th" title (of the p0tential rpv"rtpr) bv conductinl! the refprendum as contained in the deeo document authorizinv the ~B)P 0f thp nr0nerh' without the rest~('tirl1. While this is certain Iv thp ee.RieRt we" to pr0f'ppc', the City Commission may wish to co"sider th" alterl1a- tivp nf authorizinv a ouiet title action to be ;nstituted after 1\ d,iIig-ent s"Hrch is ('conductec tC' IncB,te 1l1"Y potentip.I heirs. P s to the Ph'cl< 44 propertip.s, the initial choice iR that WI' nuthorize thp ir:stitutinf" of 3 011i"t titl"/r'ecla1"ptorv rpJief action to removp. +"'p "clnuc''' frm" this title (sincp "n rP.fer"ndum nechal"ism "nsts in th;s oeel"). ~jrH'~e we \\Till n~e(l to conduct the "di1iVA~t ~p.er('h" '[0:' h~i!'s jl' "'P """prsue p C!uiet titJF. r:ctinr., +hPT; E1P alternpti""e of institutinp- 111" PMinert nornpi.ro nroceecinf" It" taKe> t.' cn,.,opmlCa..ti01" an" intereRts in the D"nl1prt" thAt mig-ht p:v:if't hf?('~nrp r:r same P.!!pp-pd rp,rp.rtf'~) c0ulr he heIr. ns tnp nltiMntp ~r:>cr:u!'sP, 0:'" ~r:> Ln~tHutAd instepc nf t~~ C1uiet title Rctinn in eHhe]" or hnth DJY'lllP......-- ..jtnfl.ti()Jl~. whil~ J nn0erst3nc. thp concerns with J"Pp'"Rrrl to t'h(:l . " f Il t j ~ , , , lV'pmC" to rity Commission "'nv~mber 10, J989 flaP'P ? u"ieoue sHUI~tion il'vo1ved in such a conclpmnlltion action, it is l"1y recnMf'1enclR- tin" that ''-'e nrnceed in this manner (emineT!t domain) at least as to the "lock 44 ,-,rnT,,'rties immec'ietely, Rn<' as to hoth sets of )"lropertip.s if th" ..it,. COl"1mission c'0es not wi~h to nlace thiR on a bRlIot for referen<'uf'" c'nri",," t\,e '\J'?!"ch Cit". ,::lolprtinn~. If "\"'0lJ hC"\".T("> !lr"''U oU/"lstif'lPst Dlea.sp cf'!1tact tnp Citv Attorne"-:r'::= 0ffiep ()'!' "\~..... f:'''!lPU cirpctJv. ~in("€' t!1is is p rnattpr which is schp(iulp0. ff'!' T)ptp!"tip! lj+ivatior., ~"I"\ "H(\lJJel T*,::loQUpst thRt ~..ou kppp thpsp materiels confir.PT'tj~l R!:0 t:)'-prnt :rrn-' (li~r=!()Fll!'P fl.!=, f1't!(\"'ne:.T wory-nrnrluct inforJT!a.tior. err To..........;_.. .\ ~~....('l"'r~.~Y" ( .'(': ;':,~nlr('l,.., "!'" ]:";1"'r. T!'t~ri!"'1 rit..... ~'[lnp.r'",::loJ'" UIJl21'l ~ ercinRki ,A ,C::f:j~tp.nt rjt~", '\':anap',:.r FIizab~th ArnRu, Cit" r')"rJ< "'.;~1.;~...... n. T"0rJ'.... Eso. -', I '. r ; . lAWllfRCES .JAMES W. VANCE WILLIAM P. DONEY 8. DOUGLAS MecGlBBON JAMES W. VANOE, P.A. SUITE 200. BARRI.. I t:Hl:i BUILDING 1615 FORUM PLACE WZ8T P.a...LM BEAOH. FLORIDA.. 33401 .\--,- 'Qc, . .-'.- I.- :_ TELEPf-lONE (407) B84-5!544 , ',;...:,.,'.}. ~. ',:::1 C~t:;._ - . October 31, 1989 ~ C::tr ..' / ~A, Herb Thiele, City Attorney 310 S.E. 1st Street, Suite 4 Delray Beach, FL. 33483 Re: Title Status - All of Block 52, TOWN OF DELRAY BEACH (firestation); Lots 7-16, Block 44, TOWN OF DELRAY BEACH (tennis courts) Dear Herb: This status of the properties. letter title is to to report my findings as to the the above-referenced City-owned Block 52 - CITY OF DELRAY BEACH (Fires tat ion Parcel) - The City acquired title to this property by virtue of a Tax beed in 1936. The Tax Deed is dated September 7, 1936, and was recorded September 9, 1936. Prior to the issuance of the Tax Deed, the property was owned by Carolyn V. Southard (one-half interest) and Southard Investment Company (one-half interest). Following the recordation of the tax deed, two (2) deeds in favor of the City were recorded with the previous owners being the grantors. One of these deeds, from Carolyn V. Southard to the City is dated August 17, 1936 and was recorded October 9, 1936. The other deed, from Southard Investment Company to the Ci ty, is dated September 9, 1936 and was recorded October 9, 1936. Each of the deeds contain the fOllowing restriction: This deed is made, executed and delivered to the grantee herein named for the purpose of giving and granting to the party of the second party, its successors, legal representatives and assigns, the use and benefit of the above-described property for public park, playground, public school and other public municipal purposes; that said property is not to be sold, conveyed or disposed of by the par ty of the second l , ~ r f , - Page 2 October 31, 1989 ------------------------------------------------------------- part without first submitting to a vote of the duly qualified voters of the City of Delray Beach the question as to whether or not the said party of the second part shall sell or dispose of said real estate; The legal implications of these subsequent deeds to the City are two-fold, ,i.e.: 1) Do these deeds in f;l.ct create a cloud on title in that title had vested in the City by virtue of the tax deed prior to the recordation of conveyances by Carolyn V. Southard and Southard Investment Company? 2) If, in fact, the two (2) deeds create a cloud on, title" how can the same be r€moved? The Florida Supreme Court has ruled that the recordation of a deed, after the issuance of a tax d~ed, from the former record owner to a third party creates a cloud on title. See e.g., Taff v. Hodge, 182 So.2d 230 (Fla. 1938); and Day v. Benesh, 139 So. 448 (Fla. 1932). The distinction in this case is that the subsequent deed is not to a third party but to the grantee of the tax deed. However, in light of the fact that the deed from Carolyn V. Southard to the City is dated approximately one month prior to the issuance of the tax deed, it is my opinion that the restrictions in the deeds create a cloud on title. Addition-aJ.ly, I have been advised by a title insurance underwriter, Attorneys' Ti,tle Insurance Fund, that it would not approve the issuance of title insurance unless the subject restrictions are removed. '- There are several possibilities for removing the restriction as to this property: 1) The first and probably the simplest is to hold a referendum election authorizing the sale of the property. 2) A second avenue would be to attempt to obtain quit-claim deeds or releases from Carolyn V. Southard, or her heirs, and Southard Investment Company, or if dissolved, its last known directors or trustees. At this time, I have conducted no inquiry as to the identity or whereabouts of ,any such individuals. However, there are firms which specialize "-'- ,- , '~ '"'' .."'" -,- , ;,.'..-". J AMIIll!I W. V ANOIll.P.A. " .'--'~ ,> ....:-, , :',...,~~.:-~ ~, ... ' '_7"'. .' -..~-.. ",' -.,.- " . , r i t , '~ .'.'c:1.c4f Page 3 October 31, 1989 ------------------------------------------------------------- in locating heirs in such an instance and possibly',s'uch a firm may be utilized. 3) A third alternative would be to file a quiet title/declaratory relief action. ,The basis for such an action would be two-fold, i.e., that the restrictions in the Carolyn V. Southard and Southard Investment Company deeds are invalid since the grantors did not own the property as of the date of the conveyances, and secondly, based upon Section 95.36, Florida Statutes, a copy of which is attached, the restrictions should be declared invalid. In either event, it would be necessary to locate and serve the heirs or successors to Carolyn V. Southard and Southard Investment Company as part of either a quiet title or declaration relief action. Also, as noted below, I have serious concerns'that , if challenged, Section 95.36, Flor ida Statutes, may be held to be unconstitutional. In light of the above, it is my recommendation that unless there is some overriding reason to avoid a referendum, that the City proceed to hold a referendum election to remove the subject restriction. In the event the City Goes not wish to hold a referendum election or if the referendum is '-'unsuccessful, the City could attempt to locate the heirs and ,pbtain releases as required. Finally, if this fails, the quiet ti~le/declaratory relief action may be pursued. ~ots 7-16, Block 44, CITY OF DELRAY BEACH (Tennis Courts) This property was owned by Samuel McGrew at the time of his death in 1931. Mr. McGrew had no will and in the probate proceedings, there is no record of the property being conveyed to any party although the property is shown on the inventory for the estate. Nine (9) different heirs of Samuel . McGrew are disclosed in the probate proceedings. A.P. McGrew is shown as the administrator of the estate and as an heir of Samuel McGrew. In 1935, of Samuel McGrew, 'This deed contains there is a deed from "A.P. McGrew, brother deceased," to the City of Delray Beach. the following language: ~. 't . JAMES W. VANCE. P.A. . ..., f " , ~ . ... .page 4 October 31, 1989 ." ------------------------------------------------------------- This deed is made for the purpose of giving and granting to the party of the second part, its successors, legal representatives and assigns, title to the above-described real estate for public park, playground, athletic field, public school, baseball, football, basketball and all athletic and school purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned for such purposes, the title to the same shall thereupon revert to and revest in the party of the first part, or his assigns. .' In the subj ect deed, A. P. McGrew speci f ically conveyed "any ..... .~. right, title or interest he may have in and to" the subject property. However, the probate proceedings of Samuel t4cGI'e"":,~:", ,.~' show that A.P. McGrew was only an heir to one-fourth (1/4) of' Samuel McGrew's estate and of record would only have held a one-fourth (1/4) interest in the subject lands. .... ..'1' --". - In light of disposition of the estate of Samuel McGrew,_~he conveyance from A.P. McGrew to the City may well - be questidned. Since the deed from A.P. McGrew to the City 'has been of record for thirty (30) years and there are no subsequent conveyances, the deed could serve as the "root of , title" for purposes of the marke'table record title act, thus perfecting good and marketable title in the City. However, since the reverter is set forth in the root of title, pursuant to Chapter 712, Florida Statutes, it remains as, a cloud on title. I have confirmed with a title insurance underwriter that the title is not insurable without releases ,from the heirs of A.P. McGrew. As with the firestation property, after the passage of over fifty (50) years, locating these heirs could prove extremely difficult, time consuming and expensive. Also, even assuming the heirs can be located, there is no certainty that they would be cooperative in releasing the reverter. ,,' '. , , JAKES W. V ANClI:. P.A. ,...",.=:;.. ;: ','...~, . 'W' I , t , . ...--Io,~ _ Page 5 October 31, 1989 -. ::~ " ~ ------------------------------------------------------------- , In light of this complex factual and legal setting, I recommend that if the City cont.inues to be interested in selling the property, that efforts be made to locate the heirs of A.P. McGrew and obtain releases from them. I ':suggest this because even if litigation is pursued, it will "~e necessary to diligently attempt to locate and serve the heirs in order to proceed with the lawsuit. '. , In the event the heirs cannot be located or if they are unwilling to release the property, I would recommend that the City institute a quiet title action as to the heirs of both Samuel McGrew and A.P. McGrew. It is my opinion that 'the City currently holds title subject to a one-quarter (1/4) share reversionary interest held by the heirs of A.P. McGrew. I believe that the City owns the property by adverse possession as to the heirs of Samuel McGrew. The quiet title action would clarify and judicially resolve these title matters. Also, as part of the quiet title action, the City could pursue a declaratory relief action filed to attempt to declare any reverter entirely void pursuant to Section 95.36, ,Florida Statutes. This statute provides that: -, "'f1"' 'c' , )' ~:". (I) Dedications of land to municipalities for park purposes that have been recorded for thirty (33) years shall not be challenged by the dedicator or any other person when the land has "- been put to some municipal use during the period of dedication or has been conveyed by the municipality by a deed recorded for seven (7) years, and all rights of the dedicator and all other persons in the land are terminated. .t, .' The likelihood of Success in a proceeding under this provision is difficult to assess since there seems to be no pertinent litigation in this area. The only Florida decision that I have found addressing Section 95.36, Florida Statutes, spec.ifically avoided answering the question of the constitutionality of the same. See Kelley v. City of Cocoa, 188 So.2d 862 (Fla. 4DCA 1966). Further, I am concerned that .in an analogous situation, the Florida Supreme Court has 'found a statute (Section 689.18, Florida Statutes) unconstitutional which attempted to eliminate reverters in ~ oi!.....'" 4-'" , '-~" ',.' , y- ,JAMES W. VANCE.P.A. . . . , ~ r f , \ I , '.- Page 6 October 31, 1989 ------------------------------------------------------------- private conveyance after the passage of twenty-one (21) yea,..!;:"- as the same applied to reverters created pr ior to the enactment of the statute. [See Biltmore Villaqe, Inc. v. Royal Biltmore Village, 71 So.2d 727 (Fla. 1954), a copy-~f which is attached.] (", Iri the event the quiet title/declaratory relief ,.'action is not successful in fully clearing title, the City could then institute eminent domain proceedings to eliminate the reverter provision and compensate the holder of the same. This would be an extremely unusual eminent domain proce~qing in that I am aware of no case in which a governmental enti!i has attempted to condemn a reversionary interest while it 'actually held title to the lands in question. There could well be some difficulty in convincing a court of the necessity and public purpose for the taking, and also the valuation of the reversionary interest in this setting would be quite unique. ...'.... .~ -:,'- Please feel free to contact me if you would like to 'discuss these matters. --""'- "Ij]Jl WILLIAM P. DONEY, Esquire I'lPD/sjw enc. " . ',' .... ,., .. )". ',' .. , > -;r' ;".1' ~...', ~.'_'''-' '_',... < ...~". ,..........,~ -, - "" ....' "~'" - J.um.:.. VAN~ 'p.A. " '. . . , t. r ~ , Ii - ~ I"'" .t:' C' , , t"" ,"om 'at De :or.- ,01 ?n1. ,01 ent on, bIe 'he 00 he in -;;t '. .., ',- :of er a 's a '0 c " ,i e r, s s I I I I I I I t I 3 , F.S, 198' y , UMITATIONS OF ACTIONS; ADVERSE POSSESSIO" ,j (2 It tile tlnal maturitv of the obbpatoon, as extaMOe= secured bv the monga[18 IS ascerta""ltlle from tne rec- ord 01 the eKtenslOn. agreement. 5 vears after me date ('It final maturrtv of the obhgatlon as extenaec Ib \ ,~ the Irnal maturity of tne obligatlOO, as extended, secured bv the mongage IS not ascert8ln8b1e from the record 01 the extension agreement. 20 ~ears atter the oatp of the eKtenslon agreement. unless pnor to such "me fhe holder ot the mortgage 1 Rerecords the mortgage and Includes a copy of the obligation, as extended, secured by the mortgage so that the final maturity IS ascertalnabte: or 2 Records a copy of the obligation, as extended secured by the mortgage from which copy the final ma- tUrity IS ascertainable and by aflrdavlt Identifies the mort- gage by Its offlcla' recording data and certilres thaf the obligation IS the obligatIon described In the mortgage: In which case the hen shall terminate 5 years atter the date of maturity as extended (31 If the record of the mortgage shows that it se. cures an obligation payable In Installments and the ma- tUrity date of the flnal.nstallment of the obligation is as, certarnab'e from the record of the mortgage, the time shall run from the maturity date of the Irnallnstallmen! (41 The trme shall be extended only as provided in thiS law and shall not be extended by any other agree- ment, nonresidence, disability. part payment, operation of law, or any other method (51 ThiS sectIon does not apply to mortgages or deeds of trust executed by any railroad or other public utility corporation or by any receIver or trustee of them or to liens or notiCes of liens under chapter 713 .......,.-u 1-7. d\. 22560. t1N5: .. 1. d'l1!1i1n. 195!1: .. 18. ell. 74-382: s T, ch n-114.. 4. ctl 83-267. 3. eh. B3-:n~ ...........f.orn.. a. 85.28-95.3.: , 95.35 T~ of_eta to Plftha.. rul.,- tate in which lII8nNs no III8turlly dete.-Whenever. (1 I Any person contracts by written agreement to purChase real property belore July 1, 1972, and the final maturrty of the obltgatiOn IS not ascertanlble from the record Of the contract. or accepts an BSSJgnment of such a contract. but (21 Even though the eXIstence of the contract or as, slgnment appears from the record of the instrument or by reference to It In another recorded instrument. such person has not recorded a deed to the property or a Judgment recognIzing hiS rights to the property and IS not In actual possesSIOO of the property u defmed in s, 95.16. then he and those claiming under him shall have no further interest in the property by virtue of the contract or as- signment. In these arcumstances. the record of the con- tract or assignment. or other record reference to either, shall no longer constitute actual or constructive notice to any person acquiring any interest in the property. ....".-tI. 1, dL 2G92. 1147;.. 18. ch. 74-a2:.. 1. dL n-174 85.36 Iledlcaliwda to ~1IlIea far PIIrk pur- poaes.- Cn.9: l1 I DedIcations of land to mUniCIpalities for cark DU' poses that have been recorded for 30 veers shall not D<, Challen[l8d bv the ded,cator or anv other person wne. the land has been out to some mUnlcroal use dunna tnt- periOd of dedIcatIon or has been conveyed bv toe mL' nlcroal/ty by a deed reCarded for 7 years. and all n9hl~ of the dedicator and all otner persons In the land are le'. mlnsted (2) When dedications of land to munlclpalitres 10' park purposes have been put to some municipal USE the dedIcatIon was accepted by written Instrument or b~ actions constituting acceptance. and the mUnicipality vacates the park and the ordinance or resolution vacat. ing ,t recites that the mUnlcipalny IS surrendering all of ItS title to the dedicated land, the fee Simple tItle shal' not be challenged In any aclron by any person, excepl In cases of fraud. and the rights of all persons except the owner of the fee Simple tItle are terminated Hia1Dry.-s I. ct; 25503.19411. S 1. c:h 70-337 52-4. ch 1-4-382 I .~ j , , 95.361 Road, presumed to be dedicated,- (1) When a road. constructed by a county. a muniCI- pality, or the '01v1510n of Road Operations. has been maintained or repaIred continuously and uninterruptedly for 4 years by tne county. munrClpaJlty or 'D,VISion of Road Operations, ,olntlv or severally_ tne road shall be deemed to be dedicated to the publiC to the extent In Width that has been actually maintained for the pre- SCribed perrod, whether the road has been formally es. tabllshed as a pubhc hIghway or not. The dedlcatlor. shall vest all right. tItle. easement. ana appurtenances In and to the road If': (a) The county, if It IS a county roae (b) The munrclpality, if it IS a muniCipal street or road, 0' tc\ The state, if it IS a road In the state highway sys tern or state park road systerr, whether there is a record 01 a conveyance. dedication, or appropriation to the publiC use or no! (2\ The filing of a map in the office of the clerk of the CIrcuit court of the county where the road is located shOWing the lands and reciting Qn it that the road has vested In the state, a county, or a munrclpality In accord- ance with subsection (1) or by any other means of acqui- sllron. duly certified by (a) The secretary of the Department of Transporl4, tlon, if the road IS a road in the state highway system Of state park road system: (b) The chatrman and clerk of the board of county commiSSioners of the county, it tne road is a county road: or (c) The mayor and clerk of the municipality, it the road is a municipal road or street, shall be pnma lacre evidence of ownership of the land by the state, county. or muniCipality, as the case may be, .......,.~ 110, eft. 29965. 1955; as. 23. 35. d't. 69-106;'.23. ch. 74-382:'.1, Cft.n-17-4 .......-s.e.. 1, d't. 81-3>>. wt'II:h~. In ~ 1M CiMaIon IIIIUCbft ....... ~t of T~bon ......--fonnet ._ 337..31 435 ~ ~ r J \ ~ llIL'1')(OJl.E VlLLAGE Y. ]tOTAL Cu.t!' ... FiL.. n tHI.:t.d 1:7 ROBERTS. C. .1.. and SEBlUNG. HOl;. SOl' aDd MATHEWS, n., concur. THOMAS aDd DREW, JJ~ af:1'ee to dusiol1. <(&-~ BILTMORE VILLAGE, I.... v. ROYAL BILTMORE VILLAGE, I.... v. ROTOLANTE. 8""""",. Coort or FlOrida. lID Bane. .\pril 9. lr04. FIa. with the land <<*Ital!Jed a r~eneT clause.. and required inc:laSlon of restric:t1ve C:OVe- nants in all deeds and apeements for deeds to the land. F.S.A. i 689.1& . 2. eo.atnnt...1 Law -=-147 Daa.. -=-2 Statute, wbich unconstitutionally im- paired the obligations of a contract by can- celling all reverter provisions in plats or deeds which had heen in effect for more than 21 years. was not SOlved by provision which gave holder of possibility of revencr one year from date of act to institute suit to establish or enforce such right. since no remedy was afforded in those situations where no breach of covenant had accrued pemuttmg possible enforcement of the right 0; revener. F.S.A. i 689.18. Redfearn &; Ferrdl, Miami, for .appel- Suits by two grantees to quid title Jant. -rainst possibility of revener. From ad. , Irving F. Kalback and Roland J. Lavelle, yerse decrees of Circuit Court, Dade Coun. Miami. for Fred '1.. Royal. ~. Pat Cannon and Grady 1.. Crawford, n., 'i1older of possibility of revemrappealed. Van Buren Vi~, Miami, for May L. The Supreme Court, Terrell. J. held that Rotolante. nee May 1.. Morat. where contracts recited restrittlve covc~ ~ uants runiiihg wlth the lands.'contained re- ..,. TERRELL, Justice. -.erter clause. and required indasioa of. re- m-ictive covenants In all deeds and' agree- """"IS for deeds to the lands. _lute which canccHed all revcner provisions in plats or ds which had ,been in effect for more 'than 21 years, . unconstltutionaJly impaired ~e obliganons of the contracts. Judgment r.eversed with direcnons. Patterson, A.. J., and Roberts, C. J.. dis- ,. ea..tlt.tl.... Law -=-147 Dead. =2 Statute, which cancelled all revener ]Irnvisions in plats or deeds which had been m effect for more than 21 years, notwith- standing savings clause, uncoDStitutionaIJy impaired obliganons of a contract which JIad been ID effect more than 21 years and winch recited resuictive: covenants running These two cas.. grew out of sinular .facts, the answer to the .questions raised are governed by the same principles of Ia.... so they will be disposed of in one opinion. The legislature of 1951 enacted Chapter 26927, Laws of Florida, cancelling all re- verter provisions in plats or deeds CODft).- ing any interest in real estate which ha.. been in effect for lIIDre than 21 years. The act imposed a limitation on such rt:'l'c:nen and gave the holder one year in which to enforce his right UDder conditiOlls named in the act. The appeal in the Royal cue is from a final decrc:c: quieting title of ~ pellee in Lot 40, Block 53 of Central Miami Pan No. 3 Commercial Section against the possibility of a reverter owned by appellant, Biltmore Village, Inc. The appeal in the RotnJante case is from a linaJ decree quiet. ing title of appellee in Lots 9 and 10 in Block 36 in Central Miami. Pan 2 against . ... r i ~ ~ ~ 1~- .. 72S Fl&. 71 80urJUiAB BJ!:POJlTn. lid BEJlIE5 dr~)T'\;' " tft. h....__~~hts a. interest of Biltmore ViDagLIuc\, Th. """,plaints aU.".. that the appdJant was the own.r of such "1'0'- sibility of a Te'ftTter"' and .....,vert.r rirhts and interest", respec::t:iYely, and that such in- terest in each of the propenies was out- lawed by Chapt.r 2fI1Zl, Acts {)f 1951. now Section 689.18. F.SA Motions to dismiss c:baJJeuging State lIDlI F ed.ral constitu, tianality were oven1lled. Answers were filed, eounseJ were beard and the chancel. lon, on the issu.s mad.. ent.r.d final, d.- crees, quieting title in the appellees.. The only point for determination in. each case is whether or not the chancellors com- mitted error in ovenuling the motions to dismiss. In the :Roy.lI case the app.Il.. claimed to bav. d.raigned titl. through a 1946 deedfrom"th. Trust..s of the Internal Improvement Fun'" 2ft.... in the Rotolante ease the appell.e claims to ba v. deraign.d title' through a' 1946'lu:' deed from the Board of CommissiODa'S of the Everglad.s Drainage District. Sach difference in ori. gin is not material m . the .determination of the question befo..., us. Common to each of the Properties in question, is the fact that appellant's prede. cessors in title had by agreement under a '--.gJ;Ileral plan of de.........l!IIt ",overing the entire Central Miami Subdivision more that 31 yean before the mactment of Chapt.r 'Zf>9Zl, Laws of Florida 1951, established cenain conditions and restrictive covenants running With the laDd.,..'The contract un. der which the lands.in .qnestion were sub- jected, after r.citing the covenants and r.: strictions and that ,they shall run with the land. binding alike ... the .heirs, personal repr--"'rives and assigns of the party of the second, part, wDo ..,. acceptance agrees to ahide ..,. them, ..........;n. the, following: -18th; 'That if 'the said second party, bis 'hein, penonal representatives, suc- cellOn, or assigns, or any holder or holden of the' property hereby con- veyed. by virtue of any judicial pro- ceedings, shaJJ fail 111 comply with any of the above ;and fOftCOing restrictions, conditions or. limi~onl within SlXty '.""'- day~ ajr~; wntten DotIc:e .. then the said aDov' described Teyed prope~' shall imm vert to the said DTSt party... - Sors or assign~ . . .. "1st, That the above and f restriction!t;: limitations, and shall be includ.d in all d.eds and ments for deeds to lots in said Miami. " t' 1 t 1 5 t, b a o 7, v 5 S.ction 192,33. F.S.,A., provides covenants running with the land vive and be enlorceable after the . of a tax d..d., such beinll' the ....... pellees predecessor in title. Ap tends that Chapt.r 269Zi is un and void. in so iar. as it applies .. lant's lands..aDd others similarly. . becaus., .(1) it, impairs th.contrut tion in the deed. and (2) it d.pri lant of. Its prop.rty without due law. ci tI tI II tc is n a [l)..In Stu~s v.' em . Wh.at. ,122: 197. 4 LEd. 529 and ill Building & Ulan Association v., 290 U.S. 398. 54 S.Ct. Z31. 78 B8 A..L.R 1481, 1590. the Supreme :the ,United Sl3tes ,very clearly .thelaw ~g the obligation tracts, The. covenants m .qu placed in the deeds for the beneit parties and the' reverter Covenmlt .ready mean, of enforcement iar of each and every owner. Chapter 269Zi canccll.d the r visions and is condemned by the_. osians. See also State ex rei. B.n. Ass'n v. Port of Palm Beach 'Fla. 746. '164'So."85I; State ex' eign ,CampW, '0. W. v. Boring,' 781, 164 So. 859. D A ~ ex sp 26 fo q. cl; to th d. .., "" (2) In this' holding w. do not the attempted savmgs cJause in . , ~ r f ~ ~ , .~ '::IILnlOBJ: VILLAGE Y. BOTAL Cue ... .I"1L. 71 So..::d 1:7 . ( the said act- wlrich~e. thar the ". holder of a possibility-1lf h.......h..~ may have ""e year from the effedi.e elate of the act to institute suit ia a c:aart of .....pereut ju- risdiction to establish or emoru suc:b right. The trouble with mc:ll ;. ,u-riags claase: is that it arbitrarily eats off the right in ODe year unless suit i. brought to enforce. it. Such "2. saving provision affanls no remedy to those situated like appellant, where breach of the covenant has not accrued. 50 as to .actuate the enforcement of the right "f reverter. Ja re Woods ESl2te, 133 F1a.. 730. 183 So~ 10. 117 A.L.R.12IlZ; 'Mahood v. Bessemer Properties. 1S4"FIa. 710,' 18 So2d 775, 153 A.LR. 1199. A study 'of the Ad. ia the'light of the cited authorities drives us to the 'amc1usioD that it i. void and anconstitalioaal as to the rights of appdlaat and those: in like sitDation. . The order denying the motions to dismiss and the motions for linal decree. is accordingly reversed and the: causes are remanded ' with ' directioDl . to' ,dismin the complaints. ReftJ'Sed with directicms. THOMAS, SEBRING, MATHEWS ...d DREW,)]:; concur. ..ROBERTS, C. J~ ,and ,PATTERSON, Associate Jastic:e"dissau. PATTERSON, As."..;oi:o>.'futiee, (dis- ....tiar). Although I do aot differ.~ the Yiews ~resse:d in the majority opiaiOll with re- spect to the UDcoDStitatioaality of Chapter '2JiVZ7, Laws of Florida 1951, ,my .concern for the effect such opiaioa bu upon the qaestioa of e%iinguislmieat of reverter clauses by.tax deeds impels, me respectfully to record my disseat. Plaintiff. ia eac:b of the instant cases deraiga tit1e from tax deeds &ad seek to quiet sUch title egainat am~eat possibilities .o~~rperter. It is aaly ior the reasoa that eal'h ,01 the.e, ,casc:a 11 8o.Zd-ta'r.t FlL lDvo)ves a tax tidf' tha t I encOUDt~r diffi. culty 1D ccmc:u.rriDr in th~ majonty opimon. Oae of the questions decided by these cases is that a reverter claase, when 'eODpled With . restrictivt' iI:Ovr:nants. shaD survivr: along with thr: ~strictions themselves u. order to ~ve efft:c:t to the provision of See.. 192.33, F.S.A.. that such restriction. shall remain fally enforceable. It appear. to be the view of the majority of the Coart thar the reverter provisions in the" deeds "hen considered surviye by operation bfSt:c. 192.33, not as COYenants or restrictions as therein defined, bat as a provision for their enforcemeat brought within the intendmear of the statutr: by the language: ....".- . and be' enforceable . . . to "the same extent "'. ..... 'I do not think; they do. The 'particular nVt:ners considered ~here """,,,01 be distiapished ia principle hom the 'more or. leD "standard reverters"that have .beea ostilling titles ia this state siace the ,baom of ,the,otw=ties. Admittedly it may be said that reverter clauses, when coupled with restrictive COVeaaDtlI, have the practical'.dUtt. of operating m, terrorem to prevent violation of the restrictions. Nev~ ertheless, this Court. in the case of Richard. son v. Holman. 160 FIa. 65, 3J So2d 641. has discussed the na:ure of a possibility of reverter-and-there held it to be an um::eru.lD interest in 'laud' and that the estate ......veyed ..b;ect to aac:b poaibility of reverter';" au estate lea than.ii...,simp!e>absolute. )But; it is ,a .well settled rule. first aDn01lDCed ,ill Stuart v. Stephanas, 94 F.la. .1087, 114 S~ 767 ;.1bat tax titles.are Dew aad indepeadeut titles eDWIating tram the State free of an)' private right, title or interest of, the prior owaer or his J,rivies, in short, a fee simple estate. If the reverter survives. this ClIIDot be 50. . Reverter prO-risions are not .ecaaary "to the enforcement of restrictive covenaJlts, ;",d indeed,' in legal coatemplatioa at least., are DOt mstnJmeals of eaforcemeut. but,..e Iimitatioaa c'OD.!t1oe.estaU l:Oaveyed. J am tberdore..oi.the .'Iliew,that the. statute >n- teac1s'llaly.that-tIuase fe5triqi_. ../jic:b 'SUr- vive shall r~ n1id and, euforceable,lty . ;" f , .. 72!J , 7'30 r.... 71 lIuu r.lUO&N Ja:POBTEE.. 24 ..~S ;udicialpnxus: aJId that It does not m- tend'1D amend the firm !>rDoositJon that the former' CIWIIer'&nd Ius ancesrOT'S. lZtIDn the Iou of Utle by defauh in taxes. I....' the en- tire fee simple absolute. not mereJv the partic:alar -te. be it a qualified ';r de- tenainabJe fee or estate upon condition lab- sequent. It, aeems ~ me to be beyond the intention of the statute that any former O'WDer. after the issuance of a validtix deed, retain......y iuterest by which the land, by auy conceivable CTetlt, can revert to him. The whole scope of See:. 192.33 with re- spect to .urvival and enforceability of re- strictive .cOVenants lies outside of that pr9P-. osition. Being of this view, I therefore conclude that possibilities of reverter do not Sl1n1ve a tax deed and that the extinguish- ment of the reverters claimed by the de- fendants iu the.. cases is aflirmativeJy made to appear in the biU, of cmaplaint, not by the operation ofoany statote, but by the 1s- suance oi a tax deed in each instaDce 'Uld the n:suIting effect of the rule of, Stuart v. Stephanus, sapra. Thi. conclUSion i. based un -the 'fact, well pleaded in the cmaplaint in each CUe. In the Royal a.e, the plaintiff has cmapliated hi. complaint by aUeging affirmatively that the defendant owns sw:h pos.ibility of re- ~..but that .it has 'been canee1led by Chapter 2h9Z7, aupra. Thu. by pleading legal couclusions manifestly negatived by the' facts of hi. bill, he attempb to .effect the cancellation of defendant', reverter:by Chapter 2f1}Z7, aupra, rather, than by is- suance of the tax deed in 1946. It i. my view that the pleader may not by baked legal assertion extend 'the life of'defend- ant'. reverter beyond the' i.SWlDce of thi: laX cieed. The bill of complaint in the Rotolante case makes 110 sw:h attempt. For the reasons _ted, I .am' convinced that in neither of these: case.hu the, possi_ bility of reverter sarrived.JemgGloagh to en<:oallter Chapter 2fDZ1..La_ 'of, F.Iorida 1951, and that neither case presents lID.OJ>- portaoity fOT' testin&' that statute. "ARRISON Y. "ARRI-' SllJIreme CoUrt of FlCJrI4L DIYI.oIODB April e..lZI. Suit by husband for d~ c:ait Court. Dade County. Pat entered order ,aUowing wife.$500 tomey's fees. but ,denied her temporary alimony and suit wife brought ,certiorari. The Court, ,Thomas, ]." held that w wife sought divorce from bed and Pennsylvania and hwband had SUed. solute divorce in that .tate. husband tuted suit ior .divorce io Florida. .... request ,that the Florida suit be been denied, wife. who had been temporary alimony by PennsJllvania was Dot entitled to .alimony ID the auit, but that .he was enutled, in - to suit money as well as attorneya. Order, insofar as it denied s . renrsed with directions. , , 'Y .u tl ... rt -d 'w I. 01..._ _213 Where. after wife sou!rht <Ii_ bed and board in PennsYlvarna and had sued for absolute divorce in hwbaod instituted suit for divorce in da, wife. who had been allowed alimony byPennsylvaoia court, titled to aUowance of alimony ia ida suit. 2.'1)1_ _225 Where, after wife sought di_ bed and board in Penn.ylvania and had sued for absolute diyorce in thot husband instituted suit for divo,,", .. ida, and wife'. request that Florida et.ayed had been dc:aied. wife .... to' haTe CDanlIel in Florida, and to Of--att....~7... fces, irrespective of that might have 'been aUowed in. vania. in pr St1 pu p, .FJ a1i fe, I po, aU, COt DO tha So DI......~I Where, afterwifesoaght bed and board in PCDDsylftllia and . . , . r ~ ~ ,~. p,~~:i;.' CITY DF DElRAY BEAi:~~ /-----, ( CITY ATTORNEY'S OFFICE 310 S,E.lst STREET. SUITE 4 DELRAY BEACH. FLORIDA 33483 407/243-7090 TELECOPIER 407/278-4755 !'!EMORA~lDUM DRte: November 22, 1989 To: City Commission 1'lalcolm T. Bird, Interi.m City Manager From: Herbert W.A. 'l'hiele, City Attorney S11bject: Claim by ACLU Regarding Ordinance 91-88 (Definition of Family) The City Attorney's Office is in receipt of a letter dated November 16, 1989 from the American Civil Liberties Union of Florida, Broward Chapter, which makes a claim against the City on the basis of an allegation that Ordinance, 91-~8 violates the provisions of Article I, Sect.i.on 23 of the Florida State Constitution. The Cit:7'~J\ttorney' s Office shall endeavor to do additional research on this subj ect to provide a more formalized, and detailed report to you. In the interim, however, it is our initial reaction that the basis for the position of the ACLU is incorrect, and that. our ordinance is in fact supportable and does not violate the provisions of the Florida State Consti- tution - alleged by the ACLU. ./ We request t,hat this matter be placed on the next available City Commission Agenda for City Commission consideration and direction to the City Attorney's Office as to our nex e. If you have 4ff~ce. ~ T:cp any questions, please contact the City Attorney's ~ 1.3 ! ()= ....r ""'- .... .... .... AMERICAN Broward Chapter CIVIL LIBERTIES · P.O. Box 350533 UNION OF FLORIDA · Fort Lauderdale, R. 33335 d_\\~~'50=~~ ""', . ....",:}"..s \A:;::e '-.;\.' ,". ,,' .....,.. f.f Ij,..~~.:;v Beactf (..1;;. ...'..... . November 16, 1989 Doake Campbell, Mayor Herbert Thiele, ,City Attorney Mary McCarty, City Commissioner City of Delray Beach Trish Brainerd, City Commissioner 310 S.E. lst Street Bill Andrews, City Commissioner Delray Beach, Florida 33483 Jim Weatherspoon, City Commissioner City Commission of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Gentlemen: Re: City of Delray Beach Ordinance 91-88 ----- Please be advised that the American Civil Liberties Union has received a complaint regarding the enactment and enforcement of the above-referenced ordinance by the City of Delray Beach. As you know, this ordinance make it illegal for more than three (3) unrelated persons to live together in a home. It is the position of the ACLU that Florida's State Constitution's explicit right to privacy, Article I, Section 23 prohibits ordinances such as Number 91-88. As you may know, the right to privacy provides, in pertinent part that: Every natural person has the right to be let alone and free from governmental intrusion into his private life. In interpreting the scope of this right to privacy, in Winfield v Division of Pararnutal Waging, Department of Business Regulation, 477 So. 2d 544 (Fla. 1985), the Florida Supreme Court stated that: The citizens of Florida opted for more protection from gov- ernmental intrusion when they approved Article I, Section 23 of the Florida Constitution. This amendment is an indepen- dent, free standing constitutional provision which declares the fundamental right to privacy. Article I, Section 23 was intentionally phrased in strong terms. The draftors of the Amendment rejected the use of the word "unreasonable" or . t City Commission of Delray Beach November 16, 1989 Page 2 "unwarranted" before the phrase "governmental intrusion" in order to make the privacy right as strong as possible. Since the people of this State exercised their prerogative and enacted an Amendement to the Florida Constitution which expressly and succinctly provides for a strong right to pri- vacy not found in the United States Constitution, it can only be concluded that the right is much broader in scope than that of the Federal Constitution. As stated by the Florida Supreme Court in the recent abor- tion rights decision, In re: T.W., A Minor, 14 FLW 531, 532 (Fla. 1989) "[i]n other words, the amendment embraces more privacy inter- ests, and extends more protection to the individual in these inter- ests, then does the federal Constitution." It is the ACLU's position that the right of four (4) or more unrelated persons to live together is a fundamental right protected by the State Constitutional Right to Privacy. Please note that this con- clusion has been reached by several State Supreme , Courts that have ruled on this issue. See City of Santa Barbara v Adams, 610 P. 2d 436 (Cal. 1980); Charter Township of Delta v Dinolfo, 351 N.W. 2d 831, 839 (Mich. 1984); State v Baker, 405 A. 2d 368, 374 (N.J. 1979). The City of Delra~ Beach will not be able to demonstrate a "compelling state interest" "being advanced in "the least intrusive manner" to avoid having this ordinance declared unconstitutional. The ACLU hopes that the Delray Beach City Commission under- stands and appreciates the sociological and economic forces that re ult in unrelated persons living together. According to G. Sternlich, J. Hughes and C. Hughes, Demographic Trends, Economic Real- ity 25 (1982), in 1980 only 60.9% of American households contained a married coupl~. "Non-family" households, which Demographic Trends defines as persons living alone or with non-relatives accounted for 26% of all households. There are many reasons for this phenomena. A St. Louis University Law Journal Article attributes the growth, some would say explosion, in non-family households on women's careers, mar- riages occuring late in life (resulting in many people having room- mates prior to marriage), a soaring divorce rate (with low income women and children who can't afford to live on their own), the elderly, who, when a spouse dies, all to frequently, are no longer assimiliated into their children's homes, the plight of the handi- capped and students. The ACLU believes that housing ordinances such as the one passed by Delray Beach only irrationally exasperate the housing prob- lem these disadvantaged groups face. To the extent the City of Delray Beach is experiencing noise or congestion problems, strict enforcement City Commission of Delray Beach,;<\<) "'i' November 16, 1989 Page 3 of nuisance or parking regulations with fines adequate to cover the cost of prosecution would be far more appropriate and less restrictive than the unconstitutional ordinance that is presently on the books. A rational, objective person is compelled to concede the inherent irra- tionality of this ordinance. For example, what harm is there in four (4) unrelated persons living to in a four (4) or five (5) bedroom home with adequate parking facilities? It is noted by the New York Supreme Court in McMinn v Town of Oyster Bay, 488 N.E. 2nd 1240, 1243 (N.Y. 1985), the maintenance of a neighborhood's residential character depends "on the size of the dwelling and the lot and the number of its occupants and not upon the nature of the relationships that exist between the residents." If density is the City of,Delray Beach's con- cern, limitations on persons per square foot or per bedroom would be far more rational, non-discriminatory and less obtrusive in impact than the existing ordinance. The ACLU hopes that the City of Delray Beach will reconsid~r the validity of its ordinance and take appropriate steps so it is revoked. Please note that if the ordinance remains on the books and is continued to be enforced, the ACLU will commen~e litigation against the City. As public officers who are sworn to uphold and protect the rights e~~ablished by the State Constitution, we trust that your review of recent Florida Supreme Court decisions governing the right to privacy will lead you to understand why this ordinance is unconsti- tutional. It is the ACLU's preference that taxpayer dollars not be wasted by the City of Delray Beach in defending an ordinance which clearly cannot withstand constitutional scrutiny. Accordingly, to further the interests of preserving the constitutional right to pri- vacy of the citizens of Delray Beach and to avoid wasting precious and limited taxpayer dollars, we hope that the City Commission will take appropriate Steps so this on-going violation of the State Constitution will cease. We anticipate hearing from you in the immediate future regarding the City's position regarding this ordinance. Please respond to my law office by calling (407) 394-0500 or by writing to City Commission of De1ray Beach November 16, 1989 Page 4 the undersigned, c/o Hodgson, Russ, Andrews, Woods & Goodyear, 2000 Glades Road, Suite 400, Boca Raton, Florida 33431. Very truly yours, American Civil Liberties Union Palm Beach Chapter By: ~~ ~ Larry ~man, Esquire Cooperating Attorney LC/lp cc: Jim Green, ACLU Legal Chair ---- - [Iry DF DELAAY BEA[H " city ATTORNEY'S OFFICE -'),,\j ,;<:;rJ.H'F] 'ill!. ilf-[I~\-, t,I:\fILiIOj{jn\,:;-+~~ ->01: _...._'_ ,I;, ill H I'P1J-J-{ I'll ::-:'-1.';: MEMORANDUM Date: November 6, 1989 To: Robert A. Barcinski, Assistant CCity Manap-'er From: F erbert W. A. Thiele, City Attorney Subject: Peview of Proposed Public Works l\'utual Aid Agreement This memorandum is in response to "our handwritten memorandum to Me 0f October 11, 1989, which was on)" received and reviewed by 1'11", and this memorandum cictnted, on llund!lY, October 15, 1989. Since we Rre somewhpt backlol'.'g'pc in nUJ' transcription process, we are hopeful that it will make y(\ur deadline 0f October 17, 1989. Nonetheless, R.fter revic.w nf this a?:reement same MP(,+S with our appr("'1l1 as to leg-al sufficie"cy ann !IS to f(\rm, with the c!lvpat that we heve not reyiewed, same beiT'f" for the CCity Ac'miniotration, the provisions set forth in this ap.'reemf>nt regardinp: the definitions end procec'ureA to be f(\llowed. Fowever, despite our re"0mmen dation to eliminate such references, the prOVISIons in Section 4 re[1'arding insurance and the provisions in ~f>ction 5 regarding indeMJ'ificati0n we believe aremargin"~!y acceptahle. If you would like an'.' additional informati0J' , pleRse cnntRct the CClt" Attornev's Office. ~~ FT:jw cc: Malcolm T. Bir{'l, Interim City Manager Lee Graham, Risk M!lnagemept Director Robert Savage, Actin!, Director of Public Works . 1,.. ( /4 J , ~ 8-16-89 PUBLIC WORKS MUTUAL AID AGREEMENT WHEREAS, the State Emergency Management Act, Chapter 252, Florida Statutes, authorizes political subdivisions of the state to develop and enter into mutual aid agreements for recip- rocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; and WHEREAS, Chapter 252, Florida Statutes, sets forth details concerning powers. duties, rights, privileges, and immu- nities of political subdivisions of the state rendering outside aid; and WHEREAS, the State of Florida is geographically vul- nerable to hurricanes, tornadoes, sinkhole formations, and other natural disasters that in the past have caused severe property damage to public roads, utilities, buildings, parks, and other governmentally owned fac~lities; and WHEREAS, the Parties to this Agreement recognize that additional public works manpower and equipment may be needed to mitigate further damage and restore ~ital services to the citi- zens of the affected community should such disasters occur; and WHEREAS, to provide the most effective mutual aid possible, each Party intends to foster communications between their public works personnel and the public works personnel of the other Parties by visits and exchange of information; and WHEREAS, the Parties of this Agreement encourage their public works personnel, with guidance from the Florida Chapter of the American Public Works Association, to implement detailed administrative procedures to be used during emergencies; NOW,THEREFORE, in consideration of the foregoing and the mutual covenants and promises contained herein, the Parties hereto agree as follows: SECTION 1. DEFINITIONS A. "AGREEMENT" - the Public Works Mutual Aid Agreement. Copies of the Agreement with original signatures apd copies of authoriz- ing resolutions and insurance letters shall be filed and main- tained at the Division of Emergency Management, Florida Depart- ment of Community Affairs, Tallahassee, Florida. B. "REQUESTING PARTY" - the political subdivision requesting aid in the event of an emergency. C. "ASSISTING PARTY" - the political subdivision furnishIng equipment and/or manpower to the Requesting Party. - 1 - c I,. f , , ~ ~ D. "AUTHORIZED REPRESENTATIVE" - an employee of a participating government authorized by that government to request, offer, or provide assistance under the terms of this Ag,-eement (a list of the authorized representatives for each participating government is attached to this Agreement as Appendix AI. E. "EMERGENCY" - any occurrence, or threat thereof, whether accidental, natural, or caused by man, in war or in peace, which results or may result in substantial injury or harm to the popu- lation or substantial damage to or loss of public property. F. "PARTICIPATING GOVERNMENT" - any political subdivision of the State of Florida which executes this Public Works Mutual Aid Agreement. G. "PERIOD OF ASSISTANCE" - the period of time beginning with the departure of any personnel of the Assisting Party from any poirit for the purpose of traveling to the Requesting Party in order to provide assistance and ending upon the return of all personnel and equipment of the Assisting Party, after providing the assistance requested, to their residence or regular place of work, whichever occurs first. The period of assistance shall not include any portion of the trip to the Requesting Party or the return trip from the Requesting Party during which the personnel of the Assisting Party are engaged in a course of conduct not reasonably necessary for their safe arrival at or return from the Requesting Party. H. "WORK OR WORK-RELATED PERIOD" - any period of time in which either the personnel or equipment of the Assisting Party are being used by the Requesting Party to provide assistance and for which the Requesting Party will reimburse the Assisting Party. Specifically included within such period of time are rest breaks when the personnel of the Assisting Party will return to active work within a reasonable time. Specifically excluded from such period of time are breakfast, lunch, and dinner breaks. SECTION 2. PROCEDURES When a participating government becomes affected by an emer- gency, it shall invoke emergency related mutual aid assistance by declaring a state of local emergency. The following procedures shall then be followed to request mutual ald from another partic- ipating government. A. The Requesting Party shall contact the 'authorized represen- tative of one or more of the participatlng governments and pro- vide them with the following informatlon_ 1. A general description of the damage sustained: 2. Identification of the part of the Infrastructure system for which assistance is needed (e. g. sarn ta I"} sewer, potable water, streets, or stormwater systems) and the type of work assistance needed: - 2 - . . . ~ f J , :i . 3. The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed; 4. The present weather conditions and the .forecast for the next twenty-four hours; and 5. A specific time and place for a representative of the Requesting Party to meet the personnel and equipment of the Assisting Party. B. When contacted by a Requesting Party, the authorized repre- sentative of a participating government shall, assess his govern- ment's situation to determine whether it is capable of providing assistance. No participating government shall be under any obligation to provide assistance to a Requesting Party. If the authorized representative determines that his Participating Government is capable of and willing to provide assistance, he shall so notify the authorized representative of the Requesting Party and provide him with the fOllowing information. 1. A complete description of the personnel, equipment, and materials to be furnished to the Requesting Party; 2. The length of time the personnel, equipment, and materi- als will be available; 3. The areas of experience and abilities of the personnel and the capability of the equipment to be furnished; 4. The name of the person or persons to be designated as supervisory personnel; and 5. The estimated time when the assistance provided will arrive at the location designated by the authorized representa- tive of the Requesting Party. c. The personnel and equipment of the Assisting Party shall remain, at all ,times, under the direct supervision and control of the designated supervisory personnel of the Assisting Party. Representatives of the Requesting Party shall suggest work as- signments and schedules for the personnel of the Assisting Party; however, the designated supervisory personnel of the Assisting Party shall have the exclusive responsibility and authority for assigning work and establishing work schedu~es for the personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall maintain daily personnel time records. material records and a log of equipment hours; shall be responsi- ble for the operation and maintenance of the equipment furnished by the Assisting Party; and shall report work progress to the Requesting Party. D. The Requesting Party shall have the responsibility of pro- viding food and housing for the personnel of the Assisting PArty - 3 - I r , , , ~ from the time of their arrival ~t the designated location to the time of their departure. E. The Requesting Party shall have the responsibility for pro- viding communications between the personnel of the Assisting Party and the Requesting Party. . F. Whenever the employees of the Assisting Party are rendering outside aid pursuant to this Agreement, such employees shall have the powers, duties, rights, privileges, and immunities, and shall receive the compensation, incidental to their employment. G. The Requesting Party shall complete a written agreement regarding the assistance to be rendered, setting forth the terms agreed upon in the telephone request to the Assisting Party, and shall transmit it by the quickest practical means to the Assist- ing Party for approval. A sample form is attached as Appendix 8. The Assisting Party shall acknowledge the written agreement by executing and returning a copy to the Requesting Party by the quickest practical means, maintaining a copy for its files. SECTION 3. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided under this Agreement shall be in accordance with the following provisions, unless otherwise agreed upon by the involved Parties and specified in the written agreement executed in accordance with paragraph 2.G. of this Agreement. A.PERSONNEL - During the period of assistance, the Assist- ing Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Request- ing Party shall reimburse the Assisting Party for all direct and indirect payroll costs and expenses incurred during the period of assistance, including, but not limited to, employee pensions and benefits as provided by Generally Accepted Accounting Principles (GAAP). The Requesting Party shall reimburse any amounts paid or due for compensation to employees of the Assisting Party under the terms of the Florida Workers' Compensation Act due to person- al injury or death occurring while such employees are engaged in rendering aid under this Agreement. While providing services to the Requesting Party, employees of the Assisting Party shall be considered "borrow servants" of the Requesting Party and shall be considered in the "dual employment" with the Requesting and Assisting Parties, subject to the supervision and control of both for purposes of Chapter 440, Florida StatutJs. While the Re- questing Party shall reimburse the Assisting Party for payments made in workers' compensation benefits required to be paid to its employees due to personal injury or death, both the Requesting and Assisting Party shall enjoy immunity from civil prosecut~on as provided for in the Florida Workers' Compensation Act. B. EQUIPMENT - The Assisting Party shall be reimbursed for the use of its equipment during the period of assistance accord- - 4 - . . , l, I ~ , . 1 ing to either a pre-established hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. The Assisting Party shall pay for all repairs to its equipment as determined necessary by its on-site supervisor(s) to maintain such equipment in safe and operational condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs for the Assisting Party's equipment during the period of assistance may be provided by the Requesting Party, if practical. The total equipment charges to the Requesting Party shall be reduced by the total value of the fuels, supplies, and repairs furnished by the Requesting Party. C. MATERIALS AND SUPPLIES - The Assisting Party shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, unless such damage is caused by gross negligence, wilful and wanton miscon- duct, intentional misuse, or recklessness of the Assisting Party's personnel. The Assisting Party's Personnel shail use reasonable care under the circumstances in the operation and control of all materials and supplies used by them during the period of assistance. The measure of reimbursement shall be the replacement cost of the materials and supplies used or damaged, plus ten (10) percent of such cost. In the alternative, the Parties may agree that the Requesting Party will replace, with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. D. RECORD KEEPING - The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party using formats recommended by FEMA publication DR&R 7 (Di- saster Response and Recovery). Requesting Party finance person- nel shall provide information, directions, and assistance for record keeping to Assisting Party personnel. E. PAYMENT - Unless otherwise mutually agreed in the writ- ten agreement executed in accordance with paragraph 2.G. or a subsequent written addendum to the agreement, the Assisting Party shall bill the chief fiscal officer of the Requesting Party for all reimbursab~e expenses with an itemized Notice not later than sixty (60) days following the period of assistance; and the Requesting Party shall pay the bill in full not later than thirty (30) days following the billing date. Unpaid bills shall become delinquent upon the 31st day following the billing date and once delinquent shall accrue interest at the rate of twelve (12) percent per annum. SECTION 4. INSURANCE Each participating government shall bear the risk of its own actions, as it does with its day-to-day operations, and determine for itself what kinds of insurance, and in what amounts. it should carry. If a participating government is insured, its file shall contain a letter from its insurance carrier authorizing it to provide and receive assistance under this Agreement, and - 5 - . r , , ~ indicating that there will be no lapse ~n its insurance coverage either on employees, vehicles, or liability. If a participating government is self-insured, its file shall contain a copy of a resolution authorizing its self-insurance program, A copy of the insurance carrier's letter or the resolution of self-insurance shall be attached to the executed copy of this Agreement which is filed with the Director, Division of Emergency Management, Flori- da Department of Community Affairs, Tallahassee, Florida. Each Assisting Party shall be solely responsible for determining that its insurance is current and adequate prior to providing assis- tance under this Agreement. SECTION 5. INDEMNIFICATION Except as otherwise specifically provided in this Agreement. the Requesting Party shall indemnify and hold the Assisting Party harmless, to the extent permitted by Florida law, from and against any and all claims, demands, suits, actions, damages, and causes of action related to or arising out of or in any way connected with mutual aid assistance rendered or performed at the Requesting Party's emergency or disaster site. The Requesting Party shall defend any action or proceeding brought against the Assisting Party and shall indemnify and hold the Assisting Party harmless from and against all costs, counsel and attorneys fees, expenses, and liabilities incurred as a result of any such claims, demands, suits, actions, damages, and causes of action, including the investigation or the defense thereof, and from and against any orders, judgments or decrees which may be entered as a result thereof. SECTION 6. LENGTH OF TIME FOR EMERGENCY The duration of such state of emergency declared by the Requesting Party is limited to seven (7) days. It may be extend- ed, if necessary, in 72-hour increments. SECTION 7. TERM This Agreement shall be in effect for one (1) year from the date hereof and shall automatically renew in successive one (1) year terms unless terminated in writing by the participating government. Written notice of such termination shall be made in writing and shall be served personally or by registered mail upon the Director, Division of Emergency Management, Florida Depart- ment of Community Affairs, Tallahassee, Florida. , SECTION 8. EFFECTIVE DATE OF THIS AGREEMENT This Agreement shall be in full force and effect upon ap- proval by the participating government and upon proper execution hereof. Each participating government shall attach a copy of its ordinance or resolution authorizing execution of this Agreement to the executed copy of this Agreement which is filed ,lith the Director, Division of Emergency Management, Florida Department of Community Affairs, Tallahassee, Florida. - 6 - ~ . ~ f ~ ~ ~ SECTION 9. ROLE OF DIVISION OF EMERGENCY MANAG~M~~T The only responsibilities the Division of Emergency Manage- ment, Florida Department of Community Affairs shall have under this Agreement are to serve as a central depository for executed Agreements, to maintain a current listing of Participating Gov- ernments with their Authorized Representatives and contact infor- mation, and to provide a copy of the listing to each of the Participating Governments on an annual basis during the second quarter of the calendar year. SECTION 10. SEVERABILITY Should any portion, section, or subsection of this Agreement be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this Agreement shall remain in full force and affect without regard to the section, portion, or subsection or power invalidated. IN WITNESS WHEREOF, this Agreement has been duly executed this day of , 19 GOVERNMENT: BY: (Typed Name and Title) ATTEST: (Secretary) (Typed Name and Title) ATTACH AUTHORIZING RESOLUTION OR ORDI~ANCE AND INSURANCE LETTER OR RESOLUTIO~. - 7 - . . . , ~ f t . ~ . PUBLIC WORKS MUTUAL AID AGREEMENT APPENDIX A Date: Name of Government: Mailing Address: City, State, Zip: Authorized Representatives to Contact for Emergency Assistance: Primary Representativ~ Name: Title: Address: Day Phone Night 'Phone FAX No.: 1st Alternate Representative Name: Title: Address: Day Phone Night Phone 2nd Alternate Representative Name: -~--~------- Title: -- - ------------ ._-~_.._.._._~-- Address: --.._.__..~ -----------..- Day Phone Night Phone - 8 - I '. r f , ~ PUBLIC .JORKS t~UTUAL AID AGREEMEf'{T APPENDIX B It is recommended that the fOllowing sample letter or telegram be used when requesting assistance: Date: . ~~-_.- ----...----- ---~-----------_. TName-&:'-Address of - Assist'{ng Government) SUBJECT: Assistance Request In recognition of the personnel, equipment, or other emergency assistance being sent to us by your government in accordance with a telephone request from our Mr. to your Mr. _ on agreed to be bound by the Public Works Mutual Aid Agreement. , we (Insert any mutually agreeable changes or exceptions here.) Requesting Government Name: Address: Authorized Representative's Signature: Typed Name and Title: FAX No.: REPLY: DATE: This governme~t agrees to provide the emergency assistance re- guested by the government of and agrees to be bound by the Public Works Mutual Aid Agreement with the excep- tions noted above. Assisting Government Name: Address: ~:.Jthor~:~ed Representative's Signature: Typed Name and Title: FAX No.: - 9 - ( , , ~ I . ., t , M E M 0 R A 'N DUM TO: fi Malcolm Bird ~~ Interim City Manager , FROM: !Y David M. Huddleston Director of Finance SUBJECT: Selection Process for Financial Advisor and Other Service Contracts DATE: November 30, 1989 As per our previous conversation, the City has several services that have been provided by vendors and that have not gone out for bid or Request for Proposal (RFP) for two or more years. Some of these services are: Financial Advisor, Bond Counsel, Workers Compensation Administrator, Newspaper Advertisements and Outside Legal Counsel. As you indicated in our discussion, these services should be reviewed by the City Commission to determine how we should proceed as to the continuance of services in these areas. These types of items lend themselves very well to a Request for Proposal, competitive negotiations or sealed bid process and depending upon the City Commission's direction, staff could proceed to draft the appropriate documents for these and any other services throughout the year. With the recent referendum approval of the $21.492 Million General Obligation Bond Issue, there is an immediate need to determine how the City should proceed with the selection of a Financial Advisor and Bond Counsel. We have been informed by Mr. Stan Ross of Dean Witter Reynolds that he will no longer be able to serve the City as Financial Advisor as of December 31, 1989 and that the firm of Dean Witter Reynolds has elected to discontinue financial advisory services to municipalities inasmuch as they or any other underwriters would be precluded from the marketing of bond issues while serving in this capacity. If the City Commission approves Advisor, we will proceed with attached time schedule. of the Request for Proposal for Financial the selection process as outlined in the For the selection of Bond Counsel, matter with the City Attorney to formalized process. I would recommend that we discuss this have his input prior to establishing a The selection process for the other referenced services can be coordinated with the appropriate departments and Purchasing as these contracts come up for renewal. DMH/sam Attachment I , f \S , . SELECTION OF FINANCIAL ADVISOR REQUEST FOR PROPOSAL TIME SCHEDULE December 6, 1989 December 7, 1989 December 18, 1989 January 16, 1990 January 17, - January 24, 1990 January 29, - February 2, 1990 February 5, 1990 February 13, 1990 Send Advertisement to Newspaper Mail Proposals Pre-proposal Conference Receive Proposals Review Proposals Interviews with Finalists Recommendation to City Manager for City Commission Action City Commission Approval I , f I . M E M 0 RAN DUM To: City Commissioners Via: Malcolm Bird, City Manager From: Beautification Task Force Re: BEAUTIFICATION COMPREHENSIVE PLAN RESPONSE TO CONCERNS RAISED AT THE NOVEMBER 16, 1989 WORKSHOP Date: November 30, 1989 The Beautification Task Force would like to thank the Commission for opportunity to discuss the Beautification projects and listen to comments regarding problems you preceive and your suggestions improvements. The Committee noted the major items of concern and address them herein. the your for will 1. WAX MYRTLES Comment The Wax Myrtles appear to be out of scale with the surrounding palm trees, in that in some cases, the canopy of the Myrtles is at approximately the same height at the head of the palms. Also sucker growth is appearing from the base of the Myrtles. Action The Myrtles will be reduced in height approximately 2 to 3 sucker growth will be removed. The Landscape Contractor will areas where the Myrtles are still under warranty, and will Maintenance Contractors otherwise. feet and the do this work in be done by our 2. CONCRETE SEPARATORS ON LINTON Comment East Linton Boulevard has a great number of concrete separators that do not permit landscaping. Several months ago the Mayor requested that the City look at alternatives for improving the harshness of the concrete islands by using brickwork or other aesthetic treatments. Action As this was not within the scope of work of the current beautification program and was not previously identified in the master plan, no funds are allocated through beautification for this endeavor. It is our understanding 1 . " r 17 ~ . , , . , , I that the City improvements to estimates. Manager has assigned Engineering to the concrete separators, identifying research possible alternatives and 3. SCREENING OF PUMP ENCLOSURES Comment Concrete screened. pump than pump enclosures The Mayor made the enclosure. have a negative visual impact and should be the comment that he would rather just look at the Action The Landscape Contractor was requested several months ago to screen the enclosures. The work was delayed due to the need to complete work originally required through the City's contract. Plant materials were planted around the pump enclosures on Linton Boulevard on Tuesday November 28, 1989. The plants will need a few months growth to effectively screen the enclosures. The enclosures are needed to protect the pumps from theft well as providing protection from the weather for Additionally, the enclosures on Linton also contain large chemical that is used to reduce the rust from the water. and vandalism as the controllers. containers of the 4. REPLACEMENT OF DEAD MATERIAL Comment Dead plant materials have not been removed from the job site in a timely fashion. Action In many cases the plant material is not dead, it is in transplant shock and some time is needed for the materials to possibly go through a leaf change and get acclimated to their new environment. In cases where the material is dead, the Contractor has generally been notified of the situation, but has been slow to replace the material. The Landscape Contractor the appearance of the notification, replace any has been notified of the Commission's dead materials and said that he dead materials within one week. concern would, for upon 5. TRANSPLANT SHOCK Comment The Mayor was concerned into transplant shock planted. The question water, fertilizer, or about the fact that some of the plant materials and go into a period of decline after they was why they shock - whether it is from a lack are the materials substandard to begin with. go are of 2 . . , , l r I , . . ! J Action This is probably one of the hardest points to respond to as there are so many variables in any given situation. As one example, the Wax Myrtles that were planted on East Linton were 'collected' materials. This means that they were not grown in a nursery where they could be rootpruned prior to transplanting, they were obtained from private property, with the permission of the owner. The use of 'collected' materials is needed primarily in cases where larger materials are needed. The County required the City to use these larger materials to maintain adequate sight visability at lower levels, thus branching had to begin fairly high. We have also used a lot of Sabal Palms on the project which typically go into shock, but were selected for their extreme hardiness once they are over the transplant shock. Although we can all report cases where we have seen Sabals not go through any browning out, on West Linton they were planted in very small cut-outs in the sidewalk which did not lend itself for the best opportunity fot growth. The Sabals at the interchanges , are often in areas that have no irrigation and the water seems to go striaght through the sugar sand at those interchages. The plant materials are of the quality specified in the contract and are Florida # 1. The Contractor generally selects the materials and the City ~nd our Consultant approved the materials. 6.FOUNTAIN GRASS Comment The comment was made that the Purple Fountain Grass planted beneath the Tabebuias along the north side of West Linton are dead. Action The Fountain Grass browns out as a response to a lack of water. In instances where it is planted and receives the benefit of water from an adjacent property, the grass is very attractive with its purple foliage and light pink plumes. Unfortunately in extremely dry locations it has turned brown and although it appears to be dead, it will send up new growth from the roots when adequate moisture has been received. The fact that we have had the driest season in fifty years has not helped. The Maintenance Contractor will be instructed to cut back the grass where it has browned out. It can be reevaluated after the Spring and if it still has not taken hold we may want to consider removing it altogether or incur the expense of labor to provide supplemental watering via a watering truck. 7.COCONUTS UNDER POWER LINES AT N.E. 8TH STREET Comment Coconut Palms are a hazzard in the wires and should not have been planted 3 . <. r f , ~ . there to begin with. Action .Our original indication from FP & L was that the Coconuts could remain if they were bowed and leaned away from the lines. Upon inspection, FP & L said it was not acceptable and the Palms were have to be totally relocated. The Palms were relocated to the Public Safety Facility on November 22, 1989 to compliment the existing Coconuts and to replace some that had died. The Palms clearly did not function under the lines and this was a design error. Although the Beautification Task Force wanted a tropical look at the entrance to N.E. 8th from A-1-A, a different approach should have been taken. Our Consultant should have cautioned the Committee about the conflict and encourged another selection. 8. ROYAL PALMS - N.E. 8TH STREET Comment The B.T.F. should consider a replacement program for the Royals along N.E. 8th Street. Action We feel this is a very good suggestion and if funds are left over upon the completion of our projects this will be a formal recommendation for the use of the funds. 9; CONSIDERATION OF EXISTING VEGETATION Comment There taken areas appear to many many instances where the existing vegetation was into consideration when designing the landscaping and therefore seem to be overplanted. not some Action The Consultant has been instructed that all future landscape design plans will clearly identify existing adjacent vegetation and demonstrate the relationship with proposed plant materials. Slides of existing conditions as well as proposed materials will be part of presentations. 10.MAINTENANCE Comment How are projects being maintained? 4 I r t ; Action All projects that are part of the Comprehensive Beautification Plan are put out to bid to be maintained by private contractors. The Parks Department administers the contracts and oversees the Maintenance Contractor's performance. Although the specification are detailed, it is very hard to describe the desired habit of growth in all instances. Nancy Davila has worked closely with the Park's Department to review and establish criteria for trimming certain materials. At this point the general comment is that the Firecracker Plant is being too severly trimmed, in that it should be permitted to bloom and other shrub mases should be allowed to attain a minimum 2 foot height. If it is demonstrated that some of the materials in unirrigated areas are not surviving on natural rainfall, supplemental watering may have to be authorized. I hope that we have additional comments or is of vital importance adequately addressed your concerns and suggestions you might have. Your input to the success of this project. welcome any and direction J~ K~~n Beautification Task Force c: B.T.F. Members Lula Butler Nancy Davila 5 c , . ~ r I I . COMPREHENSIVE BEAUTIFICATION PLAN - FUND BALe,:::E PC ~F r:O',mER ,,), :989 AVAILABLE FUNDS COtlSTRUCilCil CDS1S EXfEllDliURES REIMBURBSABLES --------------------------------------------------------------~------------------------------------------------------- BALAliCE BEAUTIFICATION BOND HIGHWAY BEAU11FICA110N GRANT XERISCAPE GRANT HOllE WOOD BLVD LINTON BLVD. lEAST ~ WEST) WEST ATLAN11C AVE. WESl ATLANTIC AVE./I95 UN10N BLVD./I95 SOUTH FEDERAL H!GHWAl N.E.8TH STREET NORTH FEDERAL HIGHWAY NORTH CONGRESS AVE. MID-FEDERAL HIGHWAY MID-COIlGRESS AVE. DIXIE HIGHWAY LAKE IDA ROAD W. A1LAN11C AVE. 1-95 TO MILIT. S.E,/S.W.IOTH STREET EIHRI SlGIlS CONSULTANT'S fEES 10 DATE PROJEC1ED COtISUL1AtIT'S FEES PROFESSIONAL LIABILI1Y INS. BLUEPRINTING ~ REPRODUCTIONS AERIELS ~ GROUND SURVEYS ADVERTISEMElllS FOR BID $2,350,000.0') $200,0'10. (,0 $3,000,00 5~5,551.~O 1321,883,55 IB'I,5.9.63 1162,689..9 116,.'19..6 !183,S13.00 151.260.00 '160,OI}),OO $140.0'JO.00 $3-60,0.>),00 $1(i8,000.)(l 1511,')60,00 Sl~3,2qO.OCi iE32,OJO.GO 162,618,('0 S10,C(~O.0(; ilh.427.50 534,('00.00 $1 I. 717 .('0 16,9.0,53 115,399,50 S334.62 $2,35(:,000.00 S2t5S'),OO~.OO 12,~53,000.00 12,507,..8.30 $2,170,564.75 $2.090,015.12 $1,927,325.63 11,760,.06.17 $1.576,893.17 S 1 ,525,633. t 7 11,365,633.17 11.225,633.17 $865,633,17 1757,633.17 1703,573.17 1510,183.17 1178,283.17 1115,6b5.17 110~,,6b5.17 159,237.67 $55.237.67 143,510.67 136,580.14 121,180.64 120,846.02 ====================================================================================================================== 12,553,000.00 i2,347,3?4.83 1150,42i.50 134,39l.b5 I '. r t , ~ 120,84t.02 MEMORANDUM, TO: Malcolm T. Bird, Interim City Manager FROM: ~bert A. Barcinski, Asst. City Manager/Community Services SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING December 5, 1989 Request/Painting - Delray Beach Municipal Golf Course DATE: November 30, 1989 Action Commission is requested to consider a request received from Mr. David Schmidt, on behalf of Mr. Code House, to waive the requirement to pressure clean and paint the Golf Course Clubhouse, Pro Shop and Bag Storage area. Backqround On November 15, 1989, a letter was sent to Mr. House requiring that he clean and paint the Clubhouse, Pro Shop and Bag Storage buildings. Contract provisions Section XI "Major Maintenance" requires the licensee to maintain all structures on the Golf Premises. Golf Premises, as defined in Contract Section I, includes all facilities as contained on Exhibit "A" of the Contract. This exhibit includes the Clubhouse. As Mr. Schmidt stated at your meeting on 11/28/89, the original license agreement for the Restaurant required the City to maintain the exterior of the structure. However, Mr. House's Contract was executed after the license agreement, and it is the City Attorney's opinion that the responsibility to paint the Clubhouse was transferred to Mr. House with his Contract. Additionally, the Contract with Mr. House does not specify the number of times that the structures were to be painted. Reco_endation Staff recommends Commission consideration of request. RAB/sfd l '. r I ~ , ~ SIMON AND SCHMIDT ATTOR"lEYS AT LAW 1=>. O. BOX 2020 100 NORTHEAST .IFTH AVENUE DELR:AY BEACH. FLORIDA 33483 ERNEST G SIMON DAVID W, SCHMltlT TEI..EPHONE (407) 278 - 2601 November 21, 1989 WEST PA,LM BEACH 737.8222 HAND DELIVERED Mr. Malcolm Bird Interim City Manager City of Delray Beach lOa N. W. 1st Avenue Delray Beach, Florida 33444 RE: Delray Beach Municipal Golf Course File No. 3246 Dear Mr. Bird: It was my understanding from our meeting today that the City will contract out the clubhouse painting and seek reimbursement from Mr. House's letter of credit. I would ask that the City refrain from doing so until I have had an opportunity to seek clarification from the City Commission at its November 28 meeting during the non-agenda discussion portion of the meeting. It was my impression from the previous commission meeting that one of the reasons for requiring the painting at this time was that it was believed the building had not been painted during Mr. House's tenure at the course. However, Mr. House has stated that the buildings were painted, and that he will provide me with copies of the receipts prior to November 28,to present to the Commission. Sincerely yours, DWS/mk ~w,~ David W. Schmidt cc: Mr. F. Code House Mr. Robert Barcinski Mr. Joe Weldon Jeff Kurtz, Esq. . ...' r , ~ . November 30, 1989 MEMORANDUM TO: MALCOLM BIRD, INTERIM CITY MANAGER . FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: AUBURN TRACE PROJECT - CAB REVIEW AND RECOMMENDATION NOVEMBER 29, 1989 Members of the newly hired Architectural Firm of Currie & Schneider represented the Auburn Trace Joint Venture before the Community Appearance Board on last evening. The Board felt that the submission was not adequate and their review was only preliminary, providing direction only to the Architect and therefore requested that an adequate and proper submission be submitted for the next regular CAB meeting. The Board also recommended that the proposed changes be brought before the City Commission for review and direction prior to the next meeting. The Architect's staff indicated that they CQuld be prepared to present formal renderings of all proposed changes to the Development at the regularly scheduled Commission meeting on December 5, 1989 for Commission's review and direction. I would recommend that they be added to the Agenda for Tuesday's meeting. CAB would like the Commission's input prior to making their final decisions. Proposed changes continue to be: 1. The elimination of the Bahamian Shutters for a substitution of eyebrows over the windows. 2. Request to use three (3) color groupings for the development rather than the approved Caribbean colors. 3. The use of single hung windows rather than the approved double hung window. Additionally, the Board stated that it appeared that the contractor had reduced the number of windows on each unit and requested an explanation of this along with the identification of how the reduction in windows affected the interior design and function. The developer was also critized for using a mill finish window instead of the approved bronze finish. The board stated that this was totally unacceptable. 4. The elimination of some of the sliding glass doors for substitution of windows. . '. r fC( ~ ~ Page 2 Auburn Trace Development 5. The elimination of the proposed 3 foot privacy fence on ground floor units substituted for a hedge. The board stated that the privacy element was very important and the hedge would be unacceptable. The board requested a complete submission for the next meeting that would include any revisions to the landscape plan, interior design of units and clubhouse and color samplings. The board was firm in it's directions and expressed it's dissatisfaction with the changes being done prior to approvals. cc: Jeff Kurtz David Kovacs Tom Hinners b:Auburn.LB/LIB I r ; ~ CITY COMMISSION DOCUMENTATION TO: ~ERT A. BARCINSKI, ASSISTANT CITY MANAGER FROM: ~I~JJ{~~~OR DEPARTMENT OF PLANNING AND ZONING SUBJECT: SPECIAL COMMISSION MEETING OF DECEMBER 5, 1989 CONSIDERATION OF LAKE IDA ROAD MATTERS ITEM BEFORE THE COMMISSION: This is a two part item. First, reconsideration of action taken concurrent with adoption of the Comprehensive Plan is to be addressed. Second, action is sought with respect to a formal input to the County Commission public hearing on funding of road improvements in it's 5-year plan. BACKGROUND: Item #1: At the conclusion of the pUblic hearing on the proposed Comprehensive Pla~ action was taken which resulted in the fOllowing changes to the Plan: * Adding a new Policy to page 1II-21 of the Traffic Element: POlicy A-7. 8: Notwi thstanding any other aspects of this Plan, it is the intention of the City not to widen N.E. 4th Street beyond that allowed within a 68' right-of-way between Swinton Avenue and N.E. 2nd Avenue and beyond that allowed within a' 60' right-of-way between N.E. 2nd Avenue and Federal Highway. * Adding a new Policy to page III-21 of the Traffic Element: Policy A-7. 9 The City shall take appropriate actions to have the number of travel lanes on Lake Ida Road between Military Trail and Lake Ida Road limited to two (2). * Modification of the Objective in the Traffic Element which establishes Level-of-Service (LOS) standards (initially at LOS . C' with LOS .'t)' in Peak Conditions except for State facilities) by adding: "and except for Lake Ida Road, between Military Trail and Congress, which shall be allowed to function at LOS "E" under any conditions." * In addition, changes were made to Table T-4 which listed required right-of-way and pavement width for Lake Ida Road, a County collector. Those resulting requirements are sUbstantially at odds with adopted County standards. One impact of the above is clearly that the Plan will be deemed "not in compliance". There are two aspects of such an impact. First (assuming that otherwise the Plan is found to be "in compliance"), a lengthy and costly process will be added to the Plan adoption process. This process is governed by s. 163.3184(10) and requires hearings by the Division of Administrative Hearings. Also, getting to that point it will be necessary for the City to argue its position before the MPO, Treasure Coast Regional Planning Commission, and the County. O)l)/~ I To: City commiss: Documentation Re: Special Commis~ion Meeting of December 5 , ~~89 Consideration of Lake Ida Road Matter Page 2 The second impact deals with the merits of the arguments which we will put forward. Proceeding with LOS of "E" on a facility which is part of the regional road network is inconsistent with other portions of the Plan e.g. Intergovernmental Coordination policies and other Traffic Element policies which call for cooperation and coordination with respect to the regional traffic network. Thus, our position would need to be one of taking the road linkage out of the regional network. Notwithstanding traffic implications of such an action, the removal of the western portion of Lake Ida Road would also result in removal of the eastern portion which we (as a City) have actively pursued -- thus, another conflict with our Plan. The implications of all of this is simply that we now have incompatible policies in our Traffic Element. Thus, it is necessary to decrease this incompatibility either by pursuing removal of the entire Lake Ida Road linkage from the regional network or returning to the previously arrived at compromise position (i.e. Commission action of July, 1988). Item #2: The second item deals with implementation of the County's 5-year road improvement program. At the same time the City Commission was considering its Comprehensive Plan, the County Commission was reviewing information relative to funding its 5-year construction program. In short, all of the projects affecting Delray Beach remained on schedule except for the eastern portion of the Lake Ida linkage. That item would fall behind a scheduled FY 92/93 construction. This second consideration. item has They are: three. components for Commission a) our position relative to the delay in the eastern Lake Ida Road linkage; b) our position relative to extension of Lake Ida Road west of Military Trail; c) the new issue of increasing millage for road improvement needs. Each component is discussed below. a) Schedule for the eastern Lake Ida Road linage: Traffic Element policy A-7.6 states: Our "The City shall seek to have proposed construction of Lake Ida Road, east of I-95, advanced to FY 90/91 in the Palm Beach County 5-year program. The City shall assist in the acceleration of the project by providing advanced design and engineering." The concept for accelerating the construction of the eastern link was a part of the City's consideration of the 1988 review of the County's 5-year plan. There was an apparent agreement in October of 1988 to the acceleration of this construction. b) City position re extension of Lake Ida Road west of Military Trail: Our Traffic Element policy A-7.4 states: "The existing east-west travelways of Lake Ida Road and Lowson/SW 10th Street shall retain their present function of primarily accommodating local traffic; thus, these roads shall not extend west of Military Trail in the same capacity as they exist east of it. Further, they are not to become arterials for inter-area traffic nor become burdened with obstacles to the free flow of traffic ; thus keeping them available as viable travelways for the knowledgeable Delray Beach resident." To: City CommissL L Documentation Re: Special Commission Meeting of December 5, 1989 Consideration of Lake Ida Road Matter Page 3 A newspaper report (copy attached) identifies Lake Ida Road to be improved to four lanes from Military Trail to Hagen Ranch Road. This widening is inconsistent with information heretofore provided in the 5-year plan which calls for only a two lane connection from the present west terminus of Lake Ida Road to Jog Road. If the newspaper report is correct (we will verify prior to the Commission meeting), such a widening is inconsistent with our Plan and previous (1987) agreements. c) Imposition of a mill levy for road improvements: There is little information available at the time of writing this documentation relative to this item. (Please see the newspaper account which is attached.) The Commission may, or may not, wish to address this item. However, it is of importance to the City in that - at present - it is the funding source for our highest priority road improvement project. The County Commission has scheduled a December 19th public hearing on the road program and its financing. It is appropriate that the City Commission, by resolution, provide formal input to the County at that time. Thus, at this time, direction should be provided on each of the above items and a resolution reflecting those positions should be brought back before the Commission for formal adoption (consent agenda) on December 12th. RECOMMENDED ACTIONS: #1 - By motion, based upon a finding that the position taken in approval of the Comprehensive Plan is in direct conflict with adopted programs of other agencies and will result in a finding of "not in compliance", Policy A-7.9 of the Traffic Element is rescinded and the following is added to A-7.8 ... "thus, the City shall seek modifications to the County Thoroughfare Plan to this effect in FY 89/90". #2 - By motion each of provided) : or consensus, provide the. following items a Commission position on ( recommended action is a) tha t the eastern linkage of Lake Ida Road shall be accelerated in the 5-year plan so that it precedes construction of the western linkage b) that any four lane extension of Lake Ida Road west of Military Trail shall not be permitted c) re millage for funding of County road improvements - no staff position is available at this time. A resolution encompassing Commission direction on item #2 will be provided for formal adoption on December 12th. Attachment: * * newspaper article (11/29/89) excerpts from County 5-year plan which pertain to Delray Beach REF/DJK#56/CCIDA.TXT ....~~--.8'~~~..niI ~.... ~~::;".:. 'ag 5'! 1l'l:J 0 "'-.. .. s 0 a.....'1 "" ~" "-l-IQ,.. !,~" a :OO:[;O:~... s.." ~ Clo01.. S'" "'. ~ n (') - c . s:a"""c:a g,:T ..~ = '.2 rJ:J. 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'" "" .. ... , ~ u ~ '" ",' .. '" "" .. ... , ~ , , , , , , '"," '.. '", , , :0 'a" :~ , ,~ '\.J , \, , 0 :'1: :....~ ,~ ," ,'" :'" " ,.l.o :<'5 . . , , , , , , , , , , , , , , , , , , , , , , , . , , , , .. ., ~ o r r .. ,.. , 1:' .. r;,. ... ... ., 'i ..! ,.;; ..~ r " -~. ~, ,:J '" '", ~. *~ .,;~ '.. .> "", " ul 'i: .. ,< j - ~. .&011 " .. .. u Ii'.: '" N' .. .. ~ .. . .. N t "" ~ " . ~ U . ~ .. ,. ~ . .. 0: ." '" .. -'= CO ~ .Q 8 " .. .. .. .. .. u .. ~ "" u .. l!; .. '" ::J ... N ... ... 'i . . ... .. :il '" '" ~ " . ~ '" .. ~ .. " ~ t 2- ~ ~ .. ~ ~ U " '" . a -'= ~ . go '" '" '" o ~ ~ :> C> o "" I U"\ ex> I<J U ~ 2: "'" ~ o < E-< .... <Ill .... = ~ E-< 2: I<J ::c >- < "- 1/ "- . . , "'\-",_,-l "0""'''7'1 '. 'yr...., 2: o .... f- U ::> "" E-< Vl 2: o U 1/ U >- < 3 ... 0, !L: '-' .... "" 1/ "" 2: '-' ~ Vl OJ Cl " Cl >- Cl :::l f- Vl " Vl C I T Y COM MIS S ION DOC U MEN TAT ION TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER FROM: ~Ou~ j \~ET1>>~ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF DECEMBER 5, 1989 CONSIDERATION OF A REQUEST FOR WAIVER OF FULL RIGHT-OF- WAY REQUIREMENTS ALONG A PORTION OF N.E. 4TH STREET ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of grantinq a waiver to the requirement of dedication of right-of-way which has been affixed as a condition of approval for a conditional use and attendant site plan request. The dedication of subdivision code section 102.21(Cl. 102.2l(F) . right-of-way is required pursuant to the section 172.16(P) and the streets code The ability of appeal is provided in BACKGROUND: A conditional use request and its attendant site plan and subdivision plat have necessitated the imposition of a condition of approval for dedication of 15' to accommodate the designated ultimate right-of-way for property at in the 200 block of N.E. 4th Street. Although the dedication can be accommodated without physically impacting,the site, or the development proposal, it's imposition is being appealed. The conditional use request and attendant site plan should be before the Commission on December 12th (it is necessary that variances be obtained prior to Commission action on those items). The item before the Commission affects the entire right-of-way requirements along N.E. 4th Street from Swinton Avenue to Federal Highway. Thus, it is appropriate to aCt on this request without regard to the item which has initiated its consideration. The right-of-way dedication was imposed because it is required in both the subdivision and streets portions of the City Code. N.E. 4th Street is, and has been, designated as a collector road (hence 80' dedication requirement). In past and current traffic way plans, it is designated as an 80' right-of-way on the County Thoroughfare Plan. Our proposed Plan calls for a limitation on r~ght-of-way of 60' in this particular area. Other right-of-way dedications consistent with the code and previous plans have been required in this area previously (beginning in 1979). Attached is documentation from the applicant and the City Engineer relative to this item. 22 City Commission Documentation Consideration of a Request for Waiver of Full Right-Of-Way Requirements Along a Portion of N.W. 4th Street Page 2 , PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of November 20, 1989, the Planning and Zoning Board acted upon the related conditional use and site plan request by recommending approval with the condition of a 15' dedication since it was required by Code and embodied in the (then) proposed Comprehensive Plan. However, some Board members felt that full dedication should be deferred or not required at all. The Board was not united in the manner in which a change to the existing standard should be approached. One consideration was to obtain right-of-way at this time, seek a reduction in right-of-way requirements (per the County Thoroughfare Plan), and then as appropriate abandon excess right-of-way, if any. RECOMMENDED ACTION: By motion, reject the request for waiver based on inconsistency with the County Thoroughfare Plan. Attachments: appeal letter and supporting documentation , ~\~"'\) ~""t. KATHI SUMRALL REALTY, INC. 822 East Atlantic A v~nue. Dl'lrOI' Beach, Florida 33483 . 4(J7~272-6700 , November 22, 1989 The Delray Beach City Commission City of Delray Beach 100 N, W, 1st Avenue Delray Beach, Florida 33444 Re: Widening of N, E, 4th Street east of Swinton Avenue Dear Commissioner: It is our understanding that the Comprehensive Plan calls for the widening of N, E, 4th Street from Swinton Avenue east to Federal Highway, (N, E, bth Avenue), with an ultimate right-of-way line of 80', I am enclosing a copy of a memorandum from your engineering department to the planning director dated November 2nd of this year explaining the reasoning for this 'widening. While we can appreciate and respect the city's position that an additional east/west collector road may be necessary north of Atlsntic Avenue, we do, however, question the reasoning behind an ,80' right-of-way as opposed to a bO' right of way which we feel could accomplish the same end to a necessary means, I have attached an inventory of all property along the north and south side of the corridor showing what physical changes would be made with an additional 5' dedication (the existing r/o/w is 50') on both the north and south side in order to accommodate four lanes (which would have much less physical and aesthetic impact on the existing properties) as well as what physical changes would be made with the additional 15', If you will refer to the attachment, I think you will note that the biggest problem with the 15' dedication on both the north and south side is that the final r/o/w line will be extremely close to some existing structures (2' -7') as well as eliminating all the parking for two separate existing strip centers and eliminating many existing parking spaces for other professional offices and mUlti-family housing, My principals, Janet M, Mummah and Mimi M, Hunter, who own all of Lots 5, b, 7 and the east 3b' of Lot 8, Block 9, Del Ida Park, which has 18b' of frontage on N. E, 4th Street, have grave concerns about the future of the property with an 80' r/o/w, They have had the property listed for sale for over 2 years and we have lost two contracts when the prospective purchasers were told the road would be widened to 80', We currently have a contract to purchase from your fellow commissioner, Mr, William Andrews, and we are requesting that you please make a firm commitment as to what the ultimate right-of-way will be for this stretch of roadway, It is important to us to know this now since we will be coming forward with plat approval, I '. r I f , ~ , The Delray Beach City Commisaion November 22, 19B9 Page No, 2 We have been to the Historic Preservation Board as well as the Planning and Zoning Bosrd who also support our request for an ultimate r/o/w of 60' as opposed to BO', To put BO' r/o/w in better perspective, the only other BO'wide road I could find in all of Delray 8each is the stretch of Eaat Atlantic Avenue from the Intracoastal to the Atlantic Ocean, If you picture that in your mind, that is what N, E, 11th Street would appear as in the future, Having been a member of the planning and zoning board for almost six years, I am well aware of planning for the future; however. with a town that is B5% built out you must be realistic in practical application, As previoUSly mentioned, we are not opposed to the widening, , , , in fact even a four lane widening. , , ,we are just Opposed to a five lane widening which will cause the demise of most of the existing properties, Thanking situation. yoU in I am, advance for your reconsideration of thi s ~~~ Kathi D, Sumrall REALTOR Agent for Janet H, Hummah and Himi H, Hunter e nc 1 s: I '- r i ; . PROPERTY Single family house, S. E. corner 4th and Swinton Sin91e family house, S. W. corner 4th and N. E. 1st Avenue Post Office Amoco Station 214 N. E. Street, small office bui 1 ding 4th CPA Dental corner Avenue Lab (S.E. N. E. 3rd and 4th) Warehouse/store- fronts, next to RR Awning Company Exxon 5' DEDICATION Sod and Melaleuca tree one Sod Pavement Small hedge and sod Hedge. one Bucida, 2 Mahogany trees and one parking space 2 Mahogany trees. ficus hedge, sod One Mahogany tree, one Silk Oak, sod, hedge, and one Areca Palm Paved back out area Sod IS' DEDICATION Same plus one additional Melaleuca tree & rlolw wi 11 be I' to structure Sod plus r/O/... wi II be 5' structure Pavement (old out parking north side building) Ii nle from back on of Same plus first row of pumps and overhang for pump station Same plus one additional parking space, 3' of driveway and rlolw line will be 10' from structure Same Oak, parking plus one and space Same plus additional Palms, 2 trees, bush and back out area eliminating parking storefronts) Live one 2 Areca t1ahogany Hibiscus 5' int 0 parking (t hus all for Same plus more paved area thus eliminating all parking in front of shop Sod plus hedges, sign and one parking space . '. r , It , PROPERTY Single family house, S. E. corner Federal Highway and 4th Appraisal Associates (old Clark Taylor) Bob Zankl property Two center, office story strip retail and 303 N. E. 4th Street (duplex next to RR) Manson property (SUBJECT PROPERTY) and vacant Mango grove to east . Old frame stucco two sto~y multifamily structure on N. E. corner 4th and N. E. 2nd Avenue Or. .. DeGerome office Or. Chapman office (has site plan approval but has never been totally complete...must check plans to see what would be taken) 5' DEDICATION Sod All parking on north side of building Sod All sod 4 Mahogany trees 7 Mahogany hedge and fence trees, picket 8 car garage with 3 bedroom apartment and hedge Sod and one unidentifiable tree large shade 15' DEDICATION Sod plus one Mango tree Same, 6 Bucida trees and sod Sod plus 4 Bucida trees hedge. and alIi parking for bUiJding <15 spaces) Same plus one coconut palm tree 2 Mango trees, large hedge of crotons and various smaller landscaping plUfi nr/-JI/l./j nne., will be 9' to single family structlJre,and 7' to duplex carport structure Same Same Acacia and a four spaces. which are plus one tree. hedge minimum of parking two of handicap . , ~ f I . " , . PROPERTY 5' DEDICA.TION 8 unit bui lding apartment One palm Travelers Scaevola one Royal tree. Palm. hedge. and Poinciana 13 N. E. 4th Street (single family house with guest apt.) One Florida Pepper tree. Sabal palm, Tamarind tree and sod Dr. McChristian dental office 2 Bucida trees. one Florida Pepper. hedge plus a minimum of one parking space IS' DEDICATION Same parking bUilding wi 11 be structure plus four spaces for and r/o/w 5', from Same plus r/o/w line will be 2' to front door step Same plus a minimum of one additional parking space. one Umbrella tree and r/o/w line will be 2' to structure The above does not include the removal of existing sidewalks and utility poles. ..While Dr. DeGerome's office was required to give the full IS' dedication, it appears from measuring that the parking spaces did not take into consideration the future r/o/w line and the parking lot began at the IS' dedication line without any setback requirement. IMPORTANT.... In order to give YOU an idea of the visual impact of the 80' ultimate right of way, the only other 80' right of way I could find in Delray that is improved to that full extent is East Atlantic Avenue. the portion from the Atlantic Avenue Bridge east to AlA. , . .. r it ENGINEERING DEPARTMENT M E M 0 RAN DUM TO: DAVID KOVACS DIRECTOR PLANNING & ZONING FROM: )J~~ GATES D. CASTLE, P.E. CITY ENGINEER DATE: NOVEMBER 2, 1989 SUBJECT: RIGHT-OF-WAY DEDICATION ON NE 4TH STREET - - - - - - - - - - - - - - - - - - - - - - - - - - - - The County'S Thoroughfare Plan Map notes the required right-of-way for NE 4th Street to be 108' from Jog Road to Federal Highway. However, the latest Plans for expanding Lake Ida Road from Congress Avenue to Swinton Avenue by the County will require only 80' of right-of-way to accommodate the proposed design of a 4-5 Lane Roadway Section. With this in mind the 80' right-of-way requirement was imposed along the stretch of NE 4th Street from Swinton Avenue to Federal Highway by the Engineering Department. The City is presently working in County to modify the intersection 1st and 2nd Avenue to accommodate signal mOdifications. coordination with the at NE 4th Street between adequate turn lanes and The City's Code references right-of-way dedications for collector roadways to be 80' and as NE 4th Street is so designated, this right-of-way needs to be acquired to accommodate further road widening. The present traffic counts along NE 4th Street between Swinton Avenue and Congress Avenue have increased 28% in the last three years. SUbsequently the traffic has increased between Swinton Avenue and Federal Highway. However with the lack of adequate road lanes and the mechanical (non-traffic activated) traffic signal at NE 2nd Avenue traffic travels north and south along Swinton Avenue to either NE 8th Street or Atlantic Avenue/By-Pass in order to get farther east and avoiding the link between Swinton Avenue and Federal Highway. RECEIVED NOV 0 6 89 PLANNING & ZONING . r . t J , Right-of-Way Dedication on NE 4th street November 2, 1989 Page Two The most recent wave of thought by the City is to divert traffic off of Swinton Avenue to keep it as a low traffic volume roadway and maintain a two-lane roadway regardless of the County's Thoroughfare Plan Map which denotes an 80' right-of-way. Lake Ida Road between Congress Avenue and Swinton Avenue is scheduled to be 4-5 laned in FY 1991/93. If the traffic continues to utilize Swinton Avenue as a bypass to NE 8th Street or Atlantic Avenue/SE 1st Street, it may be impossible to maintain Swinton as a two lane roadway. Therefore, NE 4th Street needs to be 4-5 laned to provide the required capacity. It should be noted that this is consistent with the Comprehensive Plan. Attached for information is letter asking the Mayor and County 4-lane NE 4th Street 1 . a copy of the DDA's May 30, 1989 Commission to request that the between Swinton Avenue and US # A detail of a 4-Lane, 80' R/W collector street attached for reference. The only flexibility in section is the 3' grass strip between the curb sidewalk. is the and also road the GDC:slg I r I ~ /)1 LIlA}' IJ/;AClI [Q)OWNTOWN @)EVELOPMENT ffiUTHORITY rm /= 'f ( '11@)~~ ~!~ i,-i:, AL'_:J (, f L h..\ 64 S,E, FIFTH ANENUE DELRA Y BEACH, FLORIDA 33483 (407) 278-0424 Hay 30'lRECEIVFO"; . ,JlJNOS 89 ; The Mayor and City Commission Ci ty Hall 100 NW 1st Ave, De1ray Beach, Florida 33444 ENGINEERING D"PT, Dear Mayor Campbell and Commissioners: The members of the Board of the DDA have asked me to express a serious concern over a potentially important missing lin~ in the thoroughfare system. It is our understanding that the County has indicated that Lake Ida Road should be i~proved, east of 1-95, only to Swinton. As everyone is aware, steps ar~ being t?ken to assure that Swinton will not be widened south of La~e Ida ~oad, If Lake Ida Road is to serve as a feeder into Do.mtown Delray Beach, then its carrying capacity should not stop at S~inton. It seems logical, therefore. that Lake Ida Road be i~proved to allow a smooth flow of traffic eastward to Federal Highway. We are informed that there are no such plans. We request that this matter be taken up with the County in order that it be given serious consideration as an addition to the County system. We stand ready to assist in any way. s~ no;:"" re1JY, ~-~<-,. ~:Y-?i!1'on ChaJ.rman cc: DDA, CRA. AAA Chamber of Commerce h\c-lJ~ 1../'1/0) . , '- r j ~ , .!- CITY OF DEL RAY BEACH STANDARD ROAD DETAIL COLLECTOR STREET 80'R/W, 4 LANES ENGINEERING DEPARTMENT nS::IO^V or",.... _.............__.... . '. r t \ REV, 8/82 R ,.. . [IT' DF DELAA' BEA[H ,- ~"" r?"=- ~. ( 100 NW 1st AVENUE DELRAY BEACH, FLORIDA 33444 M E M 0 RAN D U K TO: Claims Review Committee Members John W. Elliott, Jr" Asst, City Manager Herbert W.A. Thiele, City Attorney David M. Huddleston, Director of Finance Marty Ritchason, Personnel/Labor Relations Director FROM: Lee R. Graham, Risk Management Director DATE: November 13, 1989 SUBJECT: Workers' Compensation Claim of Carlotta Dode1s, D/A 9/19/89 The bottom-line settlement figure to wash out the captioned 1979 workers' compensation claim of Carlotta Dodels is $21,000. Our attorney, L.C. Shepard, Jr. has negotiated the figure which I recommend we accept and take to the City Commission for their approval. .' It is the opinion of Mr, Shepard, the Third Party Administrator Hewitt Coleman, and myself that this is the best solution for a claim that can only get worse for the City's interests. Attorney Shepard has successfully counteracted the claimant's attorney's attempt at establishing a ruling of permanent total disability through some timely work in taking depositions by physicians, etc. We are not optimistic that a ruling would go in our favor if presented to a Workers' Compensation Judge. I am therefore asking other members of the Claims Review Committee to concur with me in a settlement agreement as described. If a majority agrees, I will request that City Attorney take the recommendation to the City Commission for their consideration. Due to the short time frame involved, please call me at 7150 with your decision and follow it up with a short note. Your assistance is greatly appreciated. ~' LRG/sm THE EFFORT ALWAYS MATTERS . ',. f , ~3 ~ {,..,:~ .. '1\~> . .'i.~~~'.: ....",,' .r- .,.-~... 407/243.7000 : AD. COOGLER, WATSON & MER. .A. LAWYERS "'ON~a: A. COOGLe.... .I". "OY tit. WATSON -.o.C:IltT G. ""E""'EL L. C. 8M E~.tlltO. .I". KElT... ... .ALLO .JAMES C. ......, CATHIUUNE L. KASTEN ..m..L A. VAN OI:IItVEN ..11:"""1('" ,J. COL."T" I'tEEO W. "'ELL NEill LOUIS P. ."1:""1:" OANIEL J. 01:......., 0."'0 M. aAs.....'" SUITE 1800 NeN. TOWIEIIII ISB. PALM BEACH L..AKES eOULEv""O waST p~ BEACH. JI'1.QJtID.&. 33408-11:000 TEl..Cr;.1ol0NE (407) 478 '4S00 ".CS''''''I,.E (407) e.e...7348 ."''''UIEL ..... .0........ I' (1813'Ute,) PL.....E .EPLT TO P. O. 80x zoeg 1ltO.1:1ItT O. M,EYSEIIt .A.ALEOAL "ELLE H. MC""ILLAN lit. N.' ...."..LEG..L November 7, 1989 Barbara Robinson HEWITT, COLEMAN & ASSOCIATES 1001 Executive Center Drive Suite 161 Orlando, FL 32802 __~h_. _'__ , " ~ c~I:C~DW~it t<<7i 0 9 89 r'".....< f'.~:i." RE: CARLOTTA DODELS V" CITY OP DELRAY BEACH Claim No: 326-34-2054 D/A: 9/19/79 Our Pile: 89-288 Dear Barbara: . Reference our conversation on the morning of 11/6/89 concerning the captioned case, you will recall that we offered the Claimant $18,225.00 inclusive for Washout but she has come back and apparently stonewalled, at $21.000.00 inclusive. You and I agreed that it would be advantageous to get rid of this one before it goes permanent total on us and you will recall that you authorized me to convey your concurrence in settlement at the $21~00.00 level to Lee Graham. I spoke to Mr. Graham and he concurs in the importance of settling this one if at all possible. He is going to recommend to his two other committee members that they approve this most recent demand. The matter will then be referred to the City attorney who will have to present it to the Council. The Council does not meet again, however, until 11/21/89. Mr. Graham will be in touch with me immediately after the meeting to let me know the outcome and I will certainly pass it on to you promptly. I have advised Attorney Barbara Wagner of where we are and making it clear that there will be no decision one way or the other until at least 11/22/89. She will tell Dodels and everything is gOing on hold until that date. " . 1." I i, t ! 1 Barbara Robinson NOVember 7, 1989 Page Two Thank you for your cooperation in this one. If you have questions or instructions please call. I will keep you advised. Yours very truly, ~'S:. ~ L.C. SHEPARD, JR. LCS/ls CC: Lee Graham, Director of Risk Management City of Delray Beach. . " . . , 1.... I , .' . , . M E M 0 RAN DUM TO: MalcQlm Bird Interim City Manager FROM: (it David M. Huddleston Director of Finance SUBJECT: Water/Sewer Rate Study DATE: November 30, 1989 Attached is a copy of a proposal from Ernst and Young to provide a comprehensive rate and impact fee study for our Water and Sewer operations. The City's last rate study was prepared in November 1981 by our previous auditors. The scope of the study will include the following: 1. The fair and equitable allocation of current operational costs to the users. 2. An analysis to provide for the funding of future capital improvements. 3. The expansion and modification of impact fees. 4. Inclusion of a rate structure that will encourage conservation. 5. A Lotus 123 Personal Computer Rate Model which will provide for in-house rate updates and projections. Items Three, Four and Five were not included should be financially beneficial to the Water promoting the conservation of our resources. in the previous study and and Sewer system as well as The estimated cost is expected to ,be $51,000 actual hours and actual out-of-pocket expenses. with actual fees based upon The current contract with our auditors provides for the City to extend the scope of services; therefore, I recommend that the City Commission approve the proposal and authorize staff to negotiate a firm price not to exceed the amount of $50,000 which Mr. Greenwood has budgeted in the Water and Sewer Fund. DMH/sam Attachment cc: Bill Greenwood, Director of Public Utilities . '. r ~4 I " Ernst & Young 1500 Innependen: SCI' ..ir'. Jackson'Jlile Fio~IO,~ ,;?2:)-' Telephone (904) 35S-20()(; Fax (9041 356-6328 October 31, 1989 Mr, David M, Huddleston Director of Finance City of Delray Beach, Florida One Hundred First Avenue Delray Beach, Florida 33444 Dear Mr. Huddleston: In accordance with our discussions regarding the City's desire to conduct a water and sewer rate study we have developed a work plan for your review, The work plan has been structured to utilize engineering data with respect to water and sewer capital expansion dollars, capacities and timing and other information provided by the City to develop revised water and sewer user charges and water impact fees and develop new sewer impact fees. " PROJECf OJECTIVES . The goal of the study will be to develop water and sewer impact fee and rate structures tailored to the operational environment and pricing objectives of Delray Beach, Specific study objectives have been identified to address the scope of work, These objectives are designed to ensure that the impact fees and rates developed wi~ be equitable and reflect the cost of providing service, The objectives of the study include: . Revision of current water impact fees and development of sewer impact fees to include the recapture of investment to expand treatment facilities and transmission and collection systems, · Development of a cost determination and rate setting methodology which addresses the pricing objectives of the City, Alternative methodologies will be evaluated which consider the following pricing objectives: . , t I ~ Ernst & Young October 31, 1989 Mr, David M. Huddleston page 2 # Cost of service, which reflects a fair and equitable allocation of costs, Financial sufficiency to operate on a self-sustaining basis, Compliance with EPA regulations, Compliance with Florida Department of Environmental Regulation requirements and Water Management District policies and guidelines. Water conservation, · Calculation of monthly charges for water and sewer service for a two year period including Fiscal Year 1990 and Fiscal Year 1991 which include the following: Fixed or minimum charge to recover a base amount of costs from each customer, In structuring the fixed charge, several types of fixed costs will be evaluated. G'ustomer costs - billing, collection, and customer servIce cos ts; Availability costs - costs associated with having a system "available for use" (debt service on bonded indebtedness, prior capital outlay, etc.); Other fixed costs - operating costs which are fixed (salaries, administration, etc,); Variable charge to recover: Fixed costs that are not recovered through the fixed charge; :and Consumption and strength-related costs that fluctuate as usage (Le" discharge) changes, · In evaluating and selecting preferred rate structures, several cost determination and rate setting methodologies will be considered. . . r f , ~ &nst & Young October 31, 1989 Mr, David M, Huddleston page 3 · Automation of the Utility Rate Model to provide for: Evaluation of different financial scenarios to recover water and sewer revenue requirements, · Analysis of the financial impact of proposed rates on existing customers at various usage levels, PRo.mcrwORK PLAN The project work plan identifies the tasks that will be performed during this engagement. The work plan consists of the following twelve tasks which are listed below and described in the balance of this section. :J::a.sk Descri-ption 1 Initiate the Project; Analyze 'Existing Water Impact Fees and Related Data; 2 3 Assess Adequacy of Existing Charges to Generate Necessary Funds for Water Capital Expansion; 4 Develop Impact Fees; 5 Analyze Existing Water and Sewer Rate Structure and Related Data; 6 Conduct Cost-of-Service Analysis and Assess Adequacy of Existing Rates to Generate Sufficient Revenues; 7 Develop Automated Rate Model to Calculate Water and Sewer Rates; 8 Determine Water and Sewer Rates; 9 Prepare Customer Impact Analysis; . , i . Ernst & Young October 31, 1989 Mr. David M. Huddleston page 4 10 Prepare and Present Final Report, Task 1 - Initiate the Proiect Obiective: To finalize project responsibilities, due dates, and dates for project meetings, In addition, we will review all project meetings, We will also review all pertinent background information to augment our current understanding of the Utility and identify significant political, operational, and financial issues which may impact the study, Subtasks: 1,1 Conduct organizational meeting with Project Coordinator and finalize project responsibilities, due dates, progress reporting, schedule of project deliverables, and other administrative issues, 1.2 Review pertinent background documents related to water and sewer operations, The following information will be analyzed: · Operating and capital budgets for the current and prior two years as well as audited financial statements. · Official offering statements for the City's most recent water and sewer debt issues. . Two years of customer constituency information (billed gallons, usage characteristics, discharge coefficients, number of accounts, customer effiuent strengths, etc.). · Operating statistics (gallons treated, wastewater treatment plant influent levels, domestic sewage strengths, etc,), Task 2 - Analvze Existin!!' Water Imoact Fees and Related Data Obiective: The relationship between system development charges and user charges is critical given the effect of debt service requirements on a customer's monthly bill, Therefore, before the adequacy of user charges can properly be addressed system development charge revenues must be estimated in order to determine borrowing requirements and resultant debt service obligations, Therefore, the . , . r I . Ernst & Young October 31, 1989 Mr. David M. Huddleston page 5 objective of this task is to understand the existing charge structure and philosophy and gather needed customer and cost data, estimates and projections. Subtasks: Accomplishment of this task will require completion of the following subtasks: 2.1 Interview City personnel to understand the strengths and weaknesses of the current impact fees and identify any perceived shortcomings with the calculation or assessment methodology. 2,2 Obtain and review relevant documents related to water and sewer system capital costs such as the capital improvement plan, capital outlay programs, bond ordinances, official statements, master plan, etc,; 2.3 Obtain and review relevant prior reports or studies, etc" and, 2.4 Review customer constituency and document number of existing and pro,jected customers. Task 3 - Assess Adeauacv of Existin~ Char~es to Generate Necessarv Funds for Water Exnansion Objective: To compare the projected timing and amount of impact fee revenue given existing fees with the projected timing and amount of capital expenditures of tHe water system over the next five years, Subtasks: Accomplishment of this task will require compleii~n of the following subtasks: 3.1 Utilizing engineering and City estimates, project the number of new water and sewer customers expected to connect over the next five years. 3,2 Making use of the above estimates, determine projected revenues given the existing impact fees; t '. , t f , Ii Ernst & Young October 31, 1989 Mr, David M. Huddleston page 6 3,3 Compare projected revenues with projected expenditures as provided by engineering and City estimates to assess the adequacy of the existing impact fees; 3,4 If the results of Subtask 3,3 indicate revenue shortfalls, estimate the timing and amount of required additional revenue or borrowings, Task 4. Develou Water and Sewer Svstem Imuact Fees Objective: To develop water and sewer impact fees which fairly and equitably recover the cost of capacity necessary to accommodate new connectors to the system, Subtasks: Accomplishment of this task will require completion of the following subtasks: 4.1 Identify the capital cost of available water and sewer capacity and the estimated cost of additional capacity necessary to accommodate growth in water and sewer customers; 4.2 Allocate costs identified in Subtask 5.1 to functional cost categories such as source of supply, treatment and transmission (for water) and collection, treatment and disposal (for sewer); 4.3 Identify system capacity by functional cost component and divide into the functional costs to determine the unit cost of capacity by functional component; 4.4 Allocate financing costs of expansion related capital projects included in the system development charge determination to ensure an equitable and legally defensible system development charge; 4,5 Convert functional unit costs of capacity into a schedule of system development charges, . '. r ( , ~ Ernst & Young October 31, 1989 Mr, David M. Huddleston page 7 . Task 5 - Analvze Existinl1' Water and Sewer Rate Structure and Related Data Obiective: We will expand our knowledge with respect to revenues, coverage requirements and other key financial and management information such as unaccounted-for water and the effects of revisions to water treatment and wastewater discharge standards. Subtasks: Accomplishment of this task will require completion of the following subtasks: 5.1 5,2 5,3 5,4 5,5 Task 6 - Interview City personnel that interact with the Utility such as finance, accounting, data processing, etc.; Obtain and review relevant documents related to system costs and operations such as bond ordinances, annual financial reports, O&M and capital budgets, operations reports, ete,; Obtain and review relevant prior reports or studies such as facilities. plans, rate studies, etc.; Gather billing information to direct the preparation of a bill frequency analysis to determine the number of customers at various consumption levels. This data, which we assume will be provided to us by the City, is necessary in order to understand the potential impact of revisions to the current sewer charge methodology and the evaluation of water conservation rate alternatives. Review customer constituency and document number of customers by class, meter size, high strength discharge, etc, Conduct Cost-of-Service Analvsis a~d Assess Adeouacv of Existine- Rates to Generate Sufficient Reven~ s . Objective: To identify all costs to be recovered and to allocate those costs to the identified charge categories and customer classes for fair and equitable distribution to the users. . , '. r I ~ Ernst & Young October 31, 1989 Mr. David M. Huddleston page 8 A. Identification of Total Water and Sewer Costs The first step in the assessment of the existing water and sewer rates is the determination of all costs incurred in providing water and sewer services and their proper allocation to water and sewer. The three major categories of cost are discussed below: . Water and Sewer Costs - Operations and Maintenance (O&M) costs and certain capital costs, including debt service and renewal and replacement, which can be readily allocated 'to either water or sewer operations. · Joint Water and Sewer Costs - O&M costs and certain capital costs which are related to or benefit both water and sewer operations (e,g" administration costs, data processing costs, customer service costs, etc,). These costs will be allocated to water and sewer operations to identify the portion of the joint cost related to each. . City COlits Benefiting Water and Sewer Operations _ Costs incurred in other departments of the City which benefit water and sewer operations will be allocated to water and sewer to isolate the portion related to each. B, Allocation of Costs The next step in the rate setting process is to allocate the identified water and sewer costs to the functional cost categories and to customer classes within those charge categories, This will define the total cost to be recovered through each part of the rate structure from each customer class. Estimates of miscellaneous revenues, provided by the City, such as interest earnings and specific service charge and high strength sewer charge revenues will be netted against these costs to determine revenue requirements from rates, Costs will be allocated to the following charge categories: - c ... r r t , Ernst & Young October 31, 1989 Mr, David M, Huddleston page 9 . Monthly service costs Minimum charge Volume charge C, Revenue Analvsis After determination of the total projected cost of service for water and sewer, we will prepare a comparison of the projected cost of service to the projected revenues under the current rates, This analysis will reveal the overall order of magnitude of any required rate increase, However, if the rate structure is modified, the impact of a rate increase may be different for customers with different usage patterns, This will be examined in the customer impact analysis to be performed during Task 9, Subtaskll: Accomplishment of this task will require completion of the following subtasks: 6,1 Identify all operations and maintenance costs associated with the water and sewer operations and allocate to water and to sewer; 6,2 Identify all current and anticipated capital costs to be recovered through the rates (including debt service and related reserves and coverage requirements, capital outlay from revenues, and renewal and replacement costs); 6,3 Allocate O&M and capital costs to functional cost categories and user classes; and, 6.4 Prepare revenue analysis. \ '- r r t II Ernst & Young October 31, 1989 Mr. David M, Huddleston page 10 Task 7 - DeveloD Automated Rate Model to Calculate Water and Sewer Rates Obiective: To develop a microcomputer rate model to calculate rates and charges and facilitate future rate updates, The model will be designed to calculate water and sewer rates for a two-year period or annual rates for the same period assuming the City might desire to adopt rates on a year-by-year basis, Subtasks: Accomplishment of this task will require completion of the following subtask: 7.1 Develop microcomputer model using LOTUS 1-2-3, Task 8 - Determine Water and Sewer Rates Obiective: To calculate a schedule of water and sewer rates and charges which fairly and equitably recover the projected water and sewer costs frotn the systems' users, Subtas~: Accomplishment of this task will require completion of the following subtasks: 8,1 Determine monthly minimum charges to include: · Customer costs - meter reading, customer service, billing and collection, etc.; and, · Capacity costs - a portion of fixed capital costs to be determined during the conceptual design process, 8,2 Determine proposed water and sewer volume charges. . r , ~ Ernst & Young October 31, 1989 Mr, David M, Huddleston page 11 Task 9 - Prenare Customer Imnact Analvsis Obiective: To assess the impact, when compared to existing rates, of the proposed rates upon various classes of customers with different usage levels, This task is critical in order to fully understand the potential rate impacts upon customers with substantially differing usage patterns. Subtasks: Accomplishment of this task will require completion of the following subtasks: 9,1 Develop an impact assessment model for the rates and classes of users identified in the rate study; and 9.2 Prepare impact assessment of proposed rates compared to current rates, Task 10 - Prenare.and Present Final Renort Obiective: To document the impact fee and water and sewer cost-of-service and rate calculations and methodology in a complete but concise report for presentation to the City Council. Subtasks: Accomplishment of this task will require completion of the following subtasks: 10.1 Prepare and present five draft reports; 10,2 Prepare and present ten final reports; 10,3 Attend one workshop session with the City Council to present study recommendations; 10.4 Attend one rate hearing before the City Council to present study recommendations for the purpose of enacting rate adjustments, I ~ r i , ~ Ernst & Young October 31,1989 Mr, David M, Huddleston page 12 , ,WORK~TTT,F. A total elapsed time of 180 calendar days is assumed, given a notice to proceed on or about November 15, 1989, We are committed to successfully completing this project in a timely manner, However, meeting this schedule will be dependent upon the timely receipt of data from the City, particularly billable gallons of wastewater and water consumption data necessary to effectively address water conservation issues, PRo.:mcrTEAM Steve Dunn, director of our Florida Environmental Consulting Practice, will manage this project on a day-to-day basis and wiIl be the primary contact with City personnel. Mr. Dunn has over eight years of consulting experience with City and County utilities and has conducted numerous water and sewer rate studies for municipal clients, He will be assisted on the project by other consultants from our national environmental group, as well as personnel from our West Palm Beach office, ESTlMA1'F.Jl COST Based on the schedule of the work outlined in this letter, our estimated cost for this engagement is $51,000. These fees will be billed based on actual hours worked plus reimbursement of actual o!l.t-of-pocket expenses. Should circumstances arise that wiIl increase the scope of the project and change our estimate of professional effort and fees, we will discuss the matter with you and obtain approval to alter scope, timing, or fees as necessary. We will bill monthly for fees and expenses incurred in the previous months' time, We are delighted to have this opportunity to assist the City of Del ray Beach in this most interesting engagement, If you agree to the terms of this contract, please sign at the appropriate place below and return one copy of this engagement letter to Mr. Steve Dunn at the address on the letterhead. Should you have questions or comments concerning this engagement letter, please feel free to contact Steve Dunn at (904) 358-2000. . , ~ i ; .. -Ernst & Young October 31, 1989 Mr, David M. Huddleston page 13 Very truly yours, ~Th ACCEPTED FOR THE CITY OF DELRA Y BEACH, FLORIDA Date . ~ r i , ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER Q~M.~A~~~ DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF DECEMBER 5, 1989 CONSIDERATION OF THE FINAL PLAT FOR CHRIST MISSIONARY BAPTIST CHURCH ACTION REQUESTED OF THE COMMISSION: The action approval of future home requested of the City Commission is that of a final plat for property to be developed as the of Christ Missionary Baptist Church. BACKGROUND: This item is a boundary plat of 1.69 acres of accommodate the future home of Christ Missionary The site has been before the City Commission conditional use and site plan approval (March 8, land which will Baptist Church. previously for 1988) . The plat has been properly prepared and processed. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of March 20, 1989, the Planning and Zoning Board certified the final plat with the condition that items identified under the "technical review" portion of the staff report be complied with. The project ran into some logistic difficulties and it became necessary to seek an extension of time of the conditional use and slte approvals. Such an extension was granted by the Board on September 18, 1989. RECOMMENDED ACTION: By motion, approval of the final plat for the Christ Missionary Baptist Church site pursuant to the recommendation of the Planning and Zoning Board. Attachments: cover sheet from the P&Z staff report "educed copy of the plat ~s l ~ -PLANNING 8 ZONING CITY OF OELRAY ".fI, -' BOARD BEACH MEET I NG OFITE: MARCH 20, 1989 STAFF REPORT AGENDA ITEM: IV.C ITEM: CONSIDERATION OF FINAL PLAT APPROVAL FOR CHRIST MISSIONARY BAPTIST CHURCH ON THE NORTH SIDE OF S.W. 8TH STREET, BETWEEN S. SWINTON AVE. AND S,W. 2ND AVE, ,.. .. , r,. ,. .. .. . . . ; .. R , .. .' . . .. c . .. '. .. .. ~ ;; .. . . " . .. . .. . . .. . ,., . .. a- .. . ,,- ..' .. .' .' . .. " . . . . .., . " .. , " , . " ~ , r .. ~.... GENERAL DATA: OWner........,.,..............,.Christ Missionary Baptist Church Aqent...........................Beril Gentry Gentry EngineeriDg , Land Surveying. IDe. Location........................North side of s.v. 8th Street, between S.W. 2nd A........ .nd. S. swlnto~ Avenue. Property Size...................73,754 Sq. f~. 11.6' Acres) Community Redevelopment P1.n..,.Sing1e Family Residential City Zoning.....................R_1A (Single-Family Dwelling District) Adjacent Zoning.................The subject prcperty i. surrounded by R-1A,zoning. Existing Land U.e...............Vacant land Proposed Land Use...............A 5,152 sq. ft. church with a seating capacity of 100 people Water servlce...................Extension of ,. vater main from S.W. 7th Street south, along the west side of the S.w. 2nd Avenue ri9ht~of-way and the west side of the subject property. The proposed extension will dead-end at the soutwest corner of the site. Sewer service...................Propo.ed 6" service line to tap into the existing 8" graVity sewer on S.w. 8th Street. ITEM:.N"'. ~ iiJ ;0.', ~.;. .;:::, t::' t~ f.:' t r t .-,? '"r o N (j u'U 0,.;.... 0: z ~f~ ... 0 - N ~'- -. ~. '3At>' N01.NIMS 'S .::/0 '1':) ,69'Z8" 3..01,ZO.OOS '3k:v 39NV~ "S 9vdlHSNMO.l " OZ NOl.l:J3S dO 3N Il .lSV3 I ~ 0: 3k:v~-S9V.l-OZ ':J3S dO NO'.l~Od OO'to,t7Z . M 01 ZOoOO N I- Z '" :lE .... '" <t '" I I I I I I I I I ;-..1 l!z "!/ "'C\J I~ 01 '" ""1 I~ ,in 3=1 (I "01 ~I ~I Ol CDI C/) I , I I I I I L__________________ o U ..J 0: ~ - I- a ....J ~ le ,OO'tot7Z 3,,01 ,ZOoOO S N <Xi 0: ci o <t 3k:v~- S9V.l-OZ '03S dO NO'.l~Od .:;; ':~: 'o}, ;;i;J r.'. }: ~:: ,. <, ~: r-.. ,..... ~ N N N 0 N r<') 0 l- t<') u <l: .w "0 lLJ ct: It') b f- ill N LO &l -to CXl N >- :z 0 et ()) it , co ... 2 0 . l- I- :z :r w Cl :e ll: w ..J CI) et <( Z W 0 ;= >- 5 I- 0 et .... "2 - I- ::l b! --- CD - :E 0: ll: l- i it :J -.. ll: I- ~ et ..J Q, 0 .... l- I- et ..J Q, Co o r<i U) U) I I- .... '" ~ '" :r I- Cl) " <Ii ~ q- It') 0- Q, q- N a:i a.: Q: o N:z ~<( u~ o 'it ....w CXl:; ..J ..J loJ CXl (M/~, '3^11 ONe ENGINEERING DEPARTMENT M E M 0 RAN DUM TO: MALCOLM T. BIRD INTERIM CITY MANAGER FROM: )J A~GATES D. CASTLE, P. E. CITY ENGINEER DATE: NOVEMBER 27, 1989 SUBJECT: DOCK AND FINGER PIER VARIANCE - PELICAN HARBOR - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - AMC Marine Construction, on behalf of Mr. Steve Smilak, has submitted a permit application to construct a dock with finger piers and dolphin piles. (See attached sketch) In order to permit the construction as submitted, the City Commission will need to grant the following variances: 1. Allow the dock property line. setback of 25'. to extend within 10' of the west The City Code requires a minimum 2. Permit the finger the C-15 Canal, length of 25'. piers to extend 3D' while the Code allows a 6" into maximum 3. Allow the dolphin piles to be installed a distance of 40' - 6" into the Canal. The City Code allows dolphin piles to be installed a maximum of 25' into a waterway. The adjacent property owners were notified and expressed no objections to the proposed construction . Engineering recommends approval of the three variances required for the proposed marine construction. An Agenda Request Form for this item is attached for further processing. GDC:slg . , l f I .~~ l. , , , . . I I . , .3;7,$/ ~ .~ '" () l') 'I (l ~. I'\. , lJ) ,~ \:; (\J ~ , <\ (.. ~ '1 "- CJ ~ "'/. .z:- (E c.:;; € A2 .<:\.(. .yo iv.>- .. ~ ~ " <'I " /( (\ ~':-I .;~ " tl) ~ )~ y' ,l '" --.I /U~~ \ I .A'" ~/..:. I." 1\ ...\ ~pA '" I to \ ~ , ~ ......~ ~~ "~~ ~ , . . )~ t l~ I -I If " .~(y / '''' :',")r '. ,I I)"l'il ~ \ ; '1fP' OJ / . \f /\ I / t\o \ , ". ~ lli < ~ P't.-?s, , 11\, '~,. ; i;)/J II ~~..\f~o.. ~ \. I' I .' . . ~ I ~ I \ ~~ '" ~'i \, ~ ~ ".a IfP \ .' 9 '1 ~ " 'I . \. I> :< ," \ 0 'i ~ 1- ". " / ~ ~ ~~ ~:.; l. '" j$'~'" ;\! ~ ~< <f /JJA.., '~vol} ~ ' . , '~. " " ~ , . ~ * /~ ~.~' '~" / {.'f ~ hi ~ / .~. ~ lj ~ ~" ~/'-:~J ~ 11ft ,-, ~'I f;J (\ i !!,~~" , i~' -'''--';~I,~, I ~'~~, ,__ '~~9' ). " ~ ~ ~ ,- -, ~... ~ ~ ':1 N~~ "", 1lJ ",. ,~ I ~.., ilJi I t~, I I I ""--T-----,~L;90T I _J r f r 22, 1i 1:: C/:"'17 NOV 2? RL CITy , 1989 '. M4N4GEN' 1989 S OFFICE "', ", '... .~~ Malcolm Bird City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 '};'" "\ "'~. 7t " , 'I Dear MI'. Bh'd, i " On behalf of the Atlantlc Avenue AssOciatlon I would-;,like to I'equest the Ci ty of Delray BJach' S permission to have th~ Delray Art League eX!1ibit on East Atlantic Avenue. The eXhiliit is scheduled for,Oecember 8 and 9 and would take place on the'routh sidewalk bet~&en 4th and 5th Avenues. The exhibit w~ll not require any blockin9'of streets and traffic and parking will be as Usual. The AI't League was originally scheduled to present their exhibit at Old School Squal'e on these dates however the constructlon will take pI'iol'ity. 0;. I look fOl'wal'd to a favorable response. Should thel'e be any concerns or questions please feel free to contact me at 278-0424. '" . Sincerely, ~~::~ Downtown Coordinator - 64 S,E, 5th A VENUE · DELRA Y BEACH, FL JJ48J . (407) 27 '.".. .~---.. ,. '~" . ---'- ... C r_ , , '.. L I ;)7 t I . RESOLUTION NO. 92-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESS ING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. , WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90 of the Code of Ordinandes, removed junked and/or abandoned vehicles owned by persons described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of Ordinances; and, WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated represent- ative has determined that a nuisance existed in accordance with the standards set forth in Chapter 90 of the Code of. Ordinances, and did furnish the respective owner(s) of thp. land(s) described in the attached list with written notice of public nuisance pursuant to Sections 90,02 and 90,03 of the Code of Ordinances; and, WHEREAS, ,the property owner (s) named in the list attached hereto and made a part hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuis- ance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances, or if the property owner (s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the Code of Ordinances; and, . WHEREAS, the City of De1ray Beach, through the City Adminis- tration or such agents or contractors hired by the City Administration was therefore required to and did remove said junked and/or abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s); and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 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; and, WHEREAS, the City Commission of the City of Delray beach, pursuant to Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TilE 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 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) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice"described in ~g Section 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 and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. binding obligations are levied. That such assessment shall be upon the property against which legal, valid and said assessments Section 3. That the City Clerk of the City of.Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the 5th day of December, 1989, has levied an ,assessment against said property for the cost of aJ:latement of said nuisance by the Ci ty, 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. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein and 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. Tha t in the event that payment has not been recei ved by the City Clerk wi thin 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 cdpy 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, S€ction 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be mailed to the property owner. day of PASSED AND ADOPTED in regular session on this the December , 1989. 5th MAY 0 R ATTEST: City Clerk -2- Res, No, 92-89 U[ MJ^'!'lN(; NUlS^NCL::.; CII^I"['I:H ')lJ OF THE CODE OF OR,.NCES PROPERTY DESCRIPTION ASSESSMENT LOT 16, BLK 5, ATLANTIC GARDENS, PB 14, P 63, PUBLIC RECORDS, PALM BEACH COUNTY,FL. (27-29 SW 12TH AVE.) LOTS 1 & 2, BLK 65, TOWN OF DELRAY (OLD SCHOOL SQUARE HISTORIC DISTRICT), PB 2, P 20, PUBLIC RECORDS, PALM BEACH COUNTY, FL, (305 N, SWINTON AVE,) LOT 22, BLK 4, ATLANTIC PARK GARDENS, DELRAY, PB 14, P 56, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (238-240 SW 12TH AVE,) LOT 4, BLK 6, DELRAY SHORES, PB 24, P 233, PUBLIC RECORDS, PALM BEACH COUNTY, FL, (34 SE DORSON WAY) LOT 27, SUNSET PARK, PB 12, P 65, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (1013 SUNSET AVE.) LOT 38, BLK 7, OSCEOLA PARK, PB 3, P 2, PUBLIC RECORDS, PALM BEACH COUNTY, FL, (606 SE 2ND AVE.) LOT 38, BLK 7, OSCEOLA PARK, PB 3, P 2, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (606 SE 2ND AVE.) LOT 25, LINCOLN PARK, DELRAY, PB 23, P 160, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (822-824 SW FIRST STREET) LOT 2 & N6' OF LOT 3/LESS 1'15' RD R/W, BLK 74, TOWN OF DELRAY, (OLD SCHOOL SQUARE HISTORIC DISTRICT), PB 11, P 12, PUBLIC RECORDS, PALM BEACH COUNTY,FL. (239 NE 1ST AVE.) OWNER CHARLES T, & ANNIE M. OXIDINE 29 SW 12TH AVE, DELRAY BEACH, FL 33444 $20.00 65.00 (ADM. CO, (RECORDI~ GLORIA J LANG P.O, BOX 66 DELRAY BEACH, FL 33447 $20.00 65.00 (ADM. CO, (RECORDP LENNARD & MEARLENE JOSEY $20.00 (H&l'1) 65.00 (ADM. CO, 206 SW 13TH AVE. (RECORDI~ DELRAY BEACH, FL 33444 IMOGENE LASH $20,00 34 SE DORSON WAY 65.00 (ADM. CO, DELRAY BEACH, FL 33445 (RECORDI~ MARGARET WISE $20.00 1013 SUNSET AVE. 65.00 (ADM. CO, DELRAY BEACH, FL 33444' ( RECORDI: CELIEUX & ELUGENNE $ 20 .00 ST. ANGE (H&W) 65.00 (ADM. CO, 606 SE 2ND AVE. (RECORDH DELRAY BEACH, FL 33483 CELIEUX & ELUGENNE $20.00 ST. ANGE (H&W) 65.00 (ADM. CO, 606 SE 2ND AVE. (RECORDIt DELRAY BEACH, FL 33483 HENRY HAYWOOD $20.00 211 NW 8TH AVE. 65.00 (ADM. CO, DELRAY BEACH, FL 33444 (RECORDH KENNETH C & PATRICIA K. RODE (H&W) RT. 1, BOX 191R HIAWASSEE, GA. 30546 $20.00 65.00 (ADM. CO, ( RECORDI: VIOLATION IS: SECTION 90.03 - STORING, PARKING, OR LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY: EXCEPTIONS. -3- Res. No.92-89 It RESOLUTION NO. 93-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE, WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots OJ! 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, 0= the'Code of Ordinances of the City of Delray Beach, the Building Official, or his designated representa ti ve 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 yompleted within such time as the Building Official determines, said nohce also advised that all appeals must be filed within thirty (30) days from the ~ate 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, WHtREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165,41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of De1ray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOI'l, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~1 Section 1. That assessments in the amount of $632.50 Six hundred thirtv two and 50/100 dollars as shown by the report of the City Manager of the City of Delray a copy of which ~s attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount (s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parce1(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of De1ray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of De1ray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6 %) per annum plus reasonable attorney's fee' and other costs of collection. . Section 5. That in the event that payment' has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copt 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 December , 1989. 5th day ATTEST: MAY 0 R City Clerk - 2 - Re s. No, 93 - 8 9 NOTICE OF ASSESSMENT ,,?)u~,~ /9? 'I Da te , TO: Mr. David Ledbetter ADDRESS: 760 NW 7th Street. De1rav Beach. F1 13444 PROPERTY: 1212 Germantown Road. De1rav Beach. FI 13444 LEGAL DESCRIPTION: the North 65' of S88. 04' of Lot 7. Block n, Sunny Aores accordin~ to Plat Book 21. Page 63 of the official record. of P~lm Reach County, ~ You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $632,50 by resolution of the City Commission of the City of De1ray Beach, Florida, dated ,SJ. '.," k-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 10-13-89 , . 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. 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 aa 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 Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 10-25-89 at a cost of $632.50 which includes a ten percent (107.) administrative fee. If you fail to pay this cost within thirty (30) days. that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. , L~-'&'17"aA.- ~" City Clerk RESOLUTION NO, 94-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, 'described in the list attached hereto and made a 'Part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code 0 fOrd- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of De1ray Beach, the Building Official or his designated representative has inspected said land (s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner (s) 'of the land (s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed wi thin thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained 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 Ci ty of De1ray Beach has, pursuant to Section 165,42 of the Code of Ordinances of the City of De1ray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 50 Section 1. That assessments in the amount of $1,998.70 One thousand nine hundred ninety eiqht and 70/100 dollars as shown by the report of the City Manager of the City of Delray a copy of which ~s attached hereto and made a part hereof, are hereby levied against the parce1(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 parce1(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied, Section 3. That the City Clerk of the City of De1ray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) 0 f 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 copt 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 .~ j PASSED AND ADOPTED in regular session on this the 5th day of December , 1989. ATTEST: MAY 0 R City Clerk - 2 - Res. No. 94-89 NOTICE OF ASSESSMENT dJ -'-<!...P _~ ,5 - /9? 7 Date, " TO: Thedore Jones 220 NW 4th Avenue, De1ray Beach, F1 33444 ADDRESS: 220 NW 4th Avenue, Delray Beach, F1 33444 PROPERTY: LEGAL DESCRIPTION: Lot 9, Block 26, Town of De1ray according to Plat Book 5, Page 64 of the official records of Palm Beach County, F1 ~ You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $1,998.70 by resolution of the City Commission of the City of De1ray Beach, Florida, dated t'::r-<--<..t.-.-,-.t......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 1-18-89 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board o~ 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 9-25-89 at a cost of $1,998.70 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. ~~, c::f.~ -. City Clerk RESOLUTION NO. 95-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 16S,OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, thp Building Official or his designated representative has, pursuant to Chapte":: 1fi5, 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 at 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 Of ficial; therefore pursuant to Section 165.41 the Bui 1d- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission ,a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of De1ray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOlol, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 31 Section 1. That assessments in the amount of $198.00 One hundred ninety eight and no/lOO 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 Qf 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 notic~ of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of s~x 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 o~ assessment, the City Clerk is hereby directed tb 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 5th December , 1989. day of . ATTEST: MAY 0 R City Clerk - 2 - Res. No. 95-89 NOTICE OF ASSESSMENT -Jt[::.A:J7.-.J. ~ A / f /'1? 'i' Date , TO: GRS Pension Trust c/o Mona Simpson ADDRESS: 1600 North Federal Highway, Delray Beach, F1 33444 PROPERTY: 227 NE 7th Avenue, De1ray Beach, F1 33444 LEGAL DESCRIPTION: Lot 5, Block 122, Wellbrock according to Plat Book 24, Page 219 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 $198.00 by resolution of the City Commission of the City of Delray Beach, Florida, dated ~~~ ~ , 1989, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 10-5-89 that the Building Official has determined that a building lo~ated 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. 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 ac'tion 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 10-25-89 at a cost of $198.00 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. , -C~ 0-- -,. City Clerk , RESOLUTION NO. 96-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING FLORIDA CITIZENS TO SUPPORT THE CONSTITUTIONAL AMENDMENT #3 ON THE NOVEMBER 1990 BALLOT LIMITING UNFUNDED STATE MANDATES ON CITIES AND COUNTIES. WHEREAS, since 1981, the Florida Legislature has placed :l88 unfunded mandates upon cities and counties in Florida with over 86 percent having an undetermined fiscal impact on cities and counties; and, WHEREAS, "unfunded mandates" are governmental actions required of cities and counties by state law without adequate funding resourcesr and, WHEREAS, cities and counties are continuously forced to adjust local service priorities, and raise local taxes and user fees to pay for such unfunded state mandated programs; and, WHEREAS, cities and counties are forced to pass these increased costs for delivery of state mandated programs to the citizens; and, WHEREAS, the Florida Constitution preempts all taxing sources to the state (except ad valorem property taxes) it becomes irresponsible for state government to require and mandate programs to other governments without sharing the fiscal responsibi1ity and political consequences of their actions; and, WHEREAS, there can be no certainty and predictability in the growth planning process if the state can continue to mandate new and expensive programs without regard to adequate funding; and, WHEREAS, the priority and programs of local ci tiz,ens of cities and counties have often been curtailed when limited local funds have to be diverted to pay for a state mandated program; and, WHEREAS, the state constitution "preempts" all taxing powers to the state (other than local property taxes) and the state has been unwilling to allbw sufficient local discretionary taxing powers directly to municipalities and has refused to adjust unfair and antiquated formula allocations of revenue sharing programs; and, WHEREAS, unfunded mandates are not fair to the local property owner or the locally elected official who is trying to address local priorities and problems with a limited amount of financial resources; and, WHEREAS, during the 1988 Legislative Session nearly 100 members of the Legislature cosigned or supported a proposed constitutional amendment to limit the Legislature's ability to mandate programs and costs to city and county governments; and, ~IHEREAS, during the 1989 Legislati ve Session a proposed amendment to the constitution was passed to give Florida ci tizens an opportunity to vote in 1990 on a proposal that would limit unfunded state legislative mandates on cities and counties, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the City Commission calls upon all citizens of the state to become aware of the seriousness of unfunded mandates and to be prepared to support the amendment to the Florida State Constitution on the matter that will ,!-ppear on the ballot in the November 1990 election. 3;t , Section 2. That a copy of this resolution be sent to every municipality in Palm Beach County and each municipality is urged to adopt a similar resolution. of PASSED AND ADOPTED in regular session on this the , 1989. day MAY 0 R ATTEST: City Clerk -2- Res. No. 96-89 M E M 0 RAN DUM TO: Malcolm T, Bird, Interim City Manager THROUGH: John w, Elliott, Jr, Assistant City Manager/ Management Services ~ FROM: Ted Glas, Purchasing Director ff ~ DATE: November 28, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING,- DECEMBER ~ 1989 - BID AWARD - BID #90-03 WEST ATLANTIC AVENUE MEDIAN BEAUTIFICATION Item Before City Commission: The City Commission is requested to award contract to low responsive, competent bidder, Sunny1and Irrigation, in the amount of $25,918, Per the Budget Office, funding is from account #333-4141-572-61,31 (1987 Utility Construction Fund - Capital Outlay - West Atlantic Avenue & I-95 to Military Trail) , Background: Scope of Work: The work involves both the installation system and the installation of plant medians located on West Atlantic Avenue, of the Hamlet Subdivision entrance, of an irrigation materials in two one on either side Bids for this project were received on November 21, from seven (7) area contractors, all in accordance City purchaSing procedures, (Bid #90-03, Documentation file in the PurchaSing Office,) A tabulation of bids attached for your review, 1989 with on is The low complete bid was submitted by Tuttles Landscaping, however per the City Horticulturist, this firm has failed to meet contractual obligations on a previously awarded contract. 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""'0 Z 7. ..,'" "'''c <,",:. 0 ..., <., ,."'" <"... "'..,,, Z '" , '" ... ,",, z... ..,,,,, 0:'" o n ~~ ,..., :z.:..,o t1'1"'1 0"''' ...aw ,. z.. or. ... ;: co " .., ... o z '" ~ .. w .., '" M E M 0 RAN DUM To: Ted Glas, Purchasing Administrator From: Nancy Davila, Horticulturist/Special Projects Coordinator Re: RECOMMENDATION FOR AWARD OF BID/WEST ATLANTIC AVENUE _ HAMLET BID # 90-03 Date: November 22, 1989 Bids were received November 21, 1989 for irrigation and landscaping for two medians on West Atlantic Avenue, Bid # 90-03. Although a total of seven bids were received, two were deemed non-responsive as they addressed only the irrigation and did not include landscaping. Of the five responsive bids, Tuttle's Nursery & Lawn Care Service, Inc., was the lowest bidder at $22,413.25. Tuttle's, however, has failed to meet their contractual obligations to complete work previously awarded at the 1- 95/ Atlantic Interchange within the specified time period, and therefore, I can not recommend they be awarded the contract for bid # 90-03. I am recommending that the bid be awarded to Sunny land Irrigation. Their bid was in the amount of $25,528.00, but an increase in the number of Lantana plants needed would increase the contract price to $25,918.00, based on their extended unit price. Project is to be funded out of account # 333-4141-572-61.31. c: Lula Butler , , l I I . . I . , I